HomeMy WebLinkAboutCC 1995-09-28 Minutes.ti
CITY
1
INDEX
MINUTES OF REGULAR MEETING
September 28,1995
ITEM SUBJECT
NO.
1. PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS.
RENTAL FEE FOR ' US2 OF
ARTIME. CENTER AUDITORIUM BY
FLORIDA DEPARTMENT OF HIGHWAY
-_ .__._..._...... ___ __..... SAFET•`� AND MOTOR VEHICLES ( ON
CONSECUTIVE SATURDAYS, OCTOBER
14--DECEMBER 30, 1995) FOR
TESTING / PROCESSING APPLICATIONS
FOR FLORIDA DRIVERS LICENSES.
3. AUTHORIZE MANAGER TO ENTER INTO
AGREEMENT WITH THE COCONUT GROVE
LOCAL DEVELOPMENT CORPORATION --
FOR DEVELOPMENT OF THE GOOMBAY
PLAZA PROJECT -- FUNDS PARTIALLY
PROVIDED BY (1) $2 MILLION
SECTION 108 LOAN GUARANTEE, AND
(2) $300,000 ECONOMIC DEVELOPMENT
INITIATIVE GRANT FROM U.S.
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- AUTHORIZE
MANAGER TO EXECUTE AGREEMENT WITH
GROVITES UNITED TO SURVIVE (GUTS)
TO MODIFY / INCREASE CITY'S
EXISTING FIRST MORTGAGE ON SITE
OF PROPOSED PROJECT (FROM
$271,976 TO $2,271,976), WITH
STIPULATIONS.
4. AUTHORIZE MANAGER TO ENTER INTO
AGREEMENT WITH U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
(HUD) -- FOR SECTION 108 LOAN
GUARANTEE OF $2 MILLION -- TO
HELP FINANCE DEVELOPMENT OF THE
GOOMBAY PLAZA PROJECT -- TO BE
DEVELOPED BY COCONUT GROVE LOCAL
DEVELOPMENT CORPORATION -- ACCEPT
ECONOMIC DEVELOPMENT INITIATIVE
GRANT OF $300,000.
LEGISLATION PAGE
NO.
DISCUSSION 2
9/28/95
R 95-672 2-3'
9/28/95
R 95-673
9/28/95
R 95-674
9/28/95
4-18
......--
so
5.
FIRST READING ORDINANCE:
ORDINANCE 19-21
ESTABLISH TWO NEW SPECIAL REVENUE
FIRST
FUNDS AND APPROPRIATE FUNDS: (1)
READING
GOOMBAY PLAZA HUD SECTION 108,
9/28/95
$2,000,000, AND (2) GOOMBAY PLAZA
ECONOMIC DEVELOPMENT INITIATIVE
GRANT, $300,000 -- AS APPROVED BY
U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) -- TOTAL
CDBG APPROPRIATION: $2,300,000.
6.
BRIEFLY DISCUSS AND WITHDRAW
DISCUSSION 21-22
CONSIDERATION OF PROPOSED
9/28/95
RESOLUTION TO ACCEPT PROPOSAL /
SELECT BUNKERS OF MIAMI, INC. AS
SOLE QUALIFIED RESPONDENT TO
RFQ -- FOR MANAGEMENT / OPERATION
OF MELREESE GOLF COURSE.
7.
(A) AUTHORIZE PAYMENT OF
R 95-675 23-25
ATTORNEY'S FEES TO RONALD J.
R 95-675.1
COHEN, ESQ.: (1) RETIRED MIAMI
9/28/95
POLICE.. LIEUTENANT _ MICHAEL
CHRISTOPHER, $90,000; (2) DOUGLAS
RASMUSSEN vs. CITY OF MIAMI
(OFFICER MENDEZ), $11,442.15; AND
(3) OFFICER JESUS AGUERO,
$130,000.
(B) AUTHORIZE ENGAGEMENT OF
COUNSEL / PAYMENT OF ATTORNEY'S
FEES FOR: (1) OFFICER TOM
TRUJILLO (ROBERT KLAUSNER, ESQ.),
$50,000 AND (2) OFFICER NOEL
NOGUES (DOUGLAS WILLIAMS, ESQ.),
$70,000.
8.
DISCUSS AND REFER TO MANAGER
DISCUSSION 26-27
ISSUES CONCERNING PROPOSED
9/28/95
SIDEWALK / CURB / DRAINAGE
IMPROVEMENTS ON S.W. 32 AVENUE --
MANAGER TO REPORT BACK IN 30
DAYS.
9.
DISCUSS AND REFER TO MANAGER
DISCUSSION 27-33
CONCERNS OF JOEL FINE REGARDING
9/28/95
TRASH DUMPING ON VACANT LOT NEAR
HIS PROPERTY -- MANAGER TO REPORT
BACK AT OCTOBER 26TH MEETING.
L
MIT]
10. ACCEPT PROPOSAL SUBMITTED BY
PARROT JUNGLE AND GARDEN, INC. --
FOR UNIFIED DEVELOPMENT OF A
BOTANICAL GARDEN ATTRACTION AND
ANCILLARY ENTERTAINMENT / RETAIL
SERVICE FACILITIES ON WATSON
ISLAND.
11. CALL SPECIAL MUNICIPAL ELECTION
NOVEMBER 7, 1995 -- TO SUBMIT
EXECUTION OF LEASE AGREEMENT
BETWEEN THE CITY AND PARROT
JUNGLE AND GARDENS, INC. -- FOR
DEVELOPMENT / OPERATION OF A
BOTANICAL GARDEN ATTRACTION AND
ANCILLARY ENTERTAINMENT / RETAIL
FACILITIES ON WATSON ISLAND.
R 95-676
9/28/95
R 95-677
9/28/95
33-40
41-42
12. ACCEPT PROPOSAL SUBMITTED BY R 95-678 42-58
VIRGINIA KEY CAMPGROUND, LTD. -- 9/28/95
""F'M"UNIFIED DEVELOPMEN'YR"'igF A
CAMPGROUND AND RELATED
___..________...RECREATIONAL / RETAIL FACILITIES
ON VIRGINIA KEY.
13. CALL SPECIAL MUNICIPAL ELECTION
NOVEMBER 7, 1995 -- TO SUBMIT
EXECUTION OF LEASE AGREEMENT
BETWEEN THE CITY AND VIRGINIA KEY
CAMPGROUND, LTD. -- FOR
DEVELOPMENT / OPERATION OF A
RECREATIONAL CAMPGROUND AND
RELATED RETAIL FACILITIES ON
VIRGINIA KEY.
14. DIRECT MANAGER TO INSTRUCT
APPROPRIATE DEPARTMENT TO
SCHEDULE A WORKSHOP CONCERNING
PROPOSED FIRST READING ORDINANCE
RELATED TO THE MANNER IN WHICH
PERSONS SHALL ADDRESS THE
COMMISSION, AND REQUIREMENT FOR
REGISTRATION OF ORGANIZATIONS
REPRESENTING GROUPS BEFORE THE
COMMISSION OR BOARDS /
COMMITTEES. (See label 15B)
R 95-679
9/28/95
M 95-680
9/28/95
59-60
61-62
m
A
15. (A) SECOND PUBLIC HEARING TO
M 95-681
DISCUSS FY'96 TENTATIVE BUDGET.
ORDINANCE
(B) (Continued) BRIEF COMMENTS
11303
CONCERNING PROPOSED WORKSHOP
9/28/95
RELATED TO MANNER IN WHICH
PERSONS SHALL ADDRESS THE
COMMISSION, AND REQUIREMENT FOR
REGISTRATION OF ORGANIZATIONS
REPRESENTING GROUPS BEFORE THE
COMMISSION OR BOARDS I
COMMITTEES. (See label 14)
(C) SECOND READING ORDINANCE:
FIX MILLAGE AND LEVY TAXES FOR
FISCAL YEAR OCTOBER 1, 1995-
SEPTEMBER 30, 1996.
16. SECOND READING ORDINANCE: MAKE
ORDINANCE
APPROPRIATIONS FOR FISCAL YEAR
11304
OCTOBER 1, 1995-SEPTEMBER 30,
9/28/95
1996.
17. (A) DISCUSSION CONCERNING
ORDINANCE
PROPOSED MILLAGE RATE AND
11305
TENTATIVE BUDGET FOR DOWNTOWN
9/28/95
DEVELOPMENT AUTHORITY (DDA).
(B) SECOND READING ORDINANCE:
FIX MILLAGE AND LEVY TAXES IN
DOWNTOWN DEVELOPMENT DISTRICT FOR
FISCAL YEAR OCTOBER 1, 1995-
SEPTEMBER 30, 1996.
[.*Akj l
77-78
18. SECOND READING ORDINANCE: MAKE ORDINANCE 80-81
APPROPRIATIONS FOR DOWNTOWN 11306
DEVELOPMENT AUTHORITY FOR FISCAL 9/28/95
YEAR OCTOBER 1, 1995-SEPTEMBER
30, 1996.
19. EMERGENCY ORDINANCE: AMEND 11180 ORDINANCE 81-83
(ANNUAL APPROPRIATIONS ORDINANCE 11307
1995) -- INCREASE APPROPRIATIONS 9/28/95
IN RELATION TO OPERATIONAL
REQUIREMENTS AND OTHER REQUIRED
BUDGETARY ADJUSTMENTS.
20. CITY MANAGER CESAR ODIO THANKS DISCUSSION 83
COMMISSION AND UNION PRESIDENTS 9/28/95
FOR THEIR COOPERATION WITH THE
ADMINISTRATION DURING THE PAST
YEAR.
21. CONFIRM APPOINTMENT OF DR. R 95-682 83-84
CASTELLL BRYANT TO BOARD OF 9/28/95
DIRECTORS OF DOWNTOWN DEVELOPMENT
AUTHORITY (DDA).
22. APPOINT PATRICK PRUDHOMME TO R 95-683
SERVE ON NUISANCE ABATEMENT 9/28/95
BOARD.
23. CONFIRM 95-102 -- ESTABLISH A R 95-684
SPECIAL ASSESSMENT DISTRICT (FOR 9/28/95
ONE YEAR) KNOWN AS: THE FLAGLER
/ CORE AREA SECURITY DISTRICT
SPECIAL IMPROVEMENT DISTRICT FOR PROVISION OF PROMOTIONAL /
MARKETING / RELATED SERVICES --
LEVY SPECIAL ASSESSMENTS.
24. APPOINT VICKY LEIVA TO SERVE ON R 95-685
AFFIRMATIVE ACTION ADVISORY 9/28/95
BOARD.
25. APPOINT MEMBERS TO THE PRIVATE R 95-686
INDUSTRY COUNCIL (PIC) OF SOUTH 9/28/95
FLORIDA. (Appointed were:
Josefina Bonet Habif (Private
Sector seat), Melvin (Skip)
Chaves (Community Based
Organization seat), John Andrews
(Private Sector seat), Mariano
Cruz (Public Assistance seat),
and a representative from CAMACOL
(Private Sector seat).]
26. APPOINT ANGEL GONZALEZ AND RATIFY R 95-687
BALAM WELCOME'S APPOINTMENT TO 9/28/95
SERVE ON THE CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD.
27. APPOINT
IVAN FERNANDEZ
TO SERVE
R 95-688
ON THE
COCONUT GROVE
PARKING
9/28/95
ADVISORY
COMMITTEE.
28. APPOINT
RUBY FERIA TO
SERVE ON
R 95-689
THE LATIN QUARTER REVIEW
BOARD.
9/28/95
29. ACCEPT CITY CLERK'S CERTIFICATION R 95-690
/ DECLARATION OF ELECTION HELD 9/28/95
JULY 27, 1995 -- CONFIRM
APPOINTMENT OF ROSA M. GREEN,
REBECCA JEFF, TRENESE TURNER, AND
MARY WILLIAMS TO THE OVERTOWN
ADVISORY BOARD.
30. FORMALIZE APPOINTMENT OF VICE R 95-691
MAYOR J.L. PLUMMER, JR. AS A 9/28/95
MEMBER OF THE BOARD OF DIRECTORS
OF THE PERFORMING ARTS CENTER
TRUST (PACT).
93-95
_j
31.
APPOINT INDIVIDUALS TO SERVE ON
R 95-692
99-100
THE COMMISSION ON THE STATUS OF
9/28/95
WOMEN. [Appointed were: Eugenia
Tynes, Marian M. Smith, Josefina
Sanchez Pando, Jacqui Love
Marshall and Diane James.]
32.
APPOINT ALEJANDRO R. DIAZ TO
R 95-693
101-102
SERVE ON THE STREET CODESIGNATION
9/28/95
REVIEW COMMITTEE.
33.
APPOINT INDIVIDUALS TO SERVE ON
R 95-694
102-104
THE WATERFRONT ADVISORY BOARD.
9/28/95
[Appointed were: Cai Svendsen,
John Brennan and Harry Horton
(alternate).]
34.
CLAIM SETTLEMENT: CARMEN, JAMES
R 95-695
104-107
AND DENISE HARRIS ($200,000).
9/28/95
35.
ACCEPT BID: SOVEREIGN
R 95-696
107-108
CONSTRUCTION GROUP, INC. -- FOR
9/28/95
THE N.W. 50 STREET 12-INCH WATER
MAIN PROJECT, B-4585 -- ALLOCATE
$77,580.90 (CONTRACT COST),
$12,419.10 (ESTIMATED EXPENSES),
TOTALING $90,000 (CIP 331391).
36.
CODESIGNATE N.W. 14 STREET FROM
R 95-697
108-110
N.W. 10 AVENUE TO N.W. 14 AVENUE
9/28/95
AS: JOHN B. MOBLEY WAY.
37.
WAIVE FORMAL COMPETITIVE BIDS FOR
R 95-698
110-111
EMERGENCY RENOVATION /
9/28/95
REPLACEMENT OF DOCKS AT LEGION
AND MORNINGSIDE PARKS -- ALLOCATE
FUNDS FROM TWO GRANTS OF $45,000
EACH FROM STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL
PROTECTION, OFFICE OF WATERWAY
MANAGEMENT (CIP 331312 AND
331338).
38.
DISCUSSION CONCERNING PORT OF
DISCUSSION
112-115
MIAMI EXPANSION.
9/28/95
L
39.
(A) COMMISSIONER DAWKINS INQUIRES
R 95-699 115-117
ABOUT POSSIBLE CONTAMINATION AT
9/28/95
FP&L SITE -- FINAL REPORT DUE
THIS WEEK.
(B) ACCEPT ENVIRONMENTAL
ASSESSMENT STATUS REPORT ON
KNIGHT MANOR HOMES BY DAMES &
MOORE -- AUTHORIZE MANAGER TO
ALLOCATE $2 MILLION TO THE URBAN
LEAGUE AND LHL HOUSING
CORPORATION FOR CONSTRUCTION OF
TOWNHOUSES WITH GARAGES WITHIN
PROPOSED MODEL CITY SITE.
40.
WAIVE FEES IN CONNECTION WITH THE
R 95-700 117-118
FIRST LATIN QUARTER ARTS FESTIVAL
9/28/95
(OCTOBER 22, 1995).
41.
APPROVE USE OF BERMELLO, AJAMIL &
R 95-701 118-120
PARTNERS, ARCHITECTS, IN
9/28/95
CONNECTION WITH NECESSARY
INTERIOR DESIGN WORK IN FP&L
BUILDING.
42.
GRANT REQUEST BY CARIBBEAN
R 95-702 121-122
CANBOULAY MIAMI, INC. FOR FEE
9/28/95
WAIVER AT COCONUT GROVE
EXHIBITION CENTER AND
BICENTENNIAL PARK IN CONNECTION
WITH THE CANBOULAY FESTIVAL 1995
EVENT (OCTOBER 6-8, 1995) --
PROVIDE IN -KIND SERVICES: (1)
$42,000 AT BICENTENNIAL PARK, AND
(2) $8,000 AT EXHIBITION CENTER.
43.
AMEND 95-647, WHICH ALLOCATED
R 95-703 122-123
$100,000 TO BORINQUEN HEALTH CARE
9/28/95
CENTER, INC. FOR PURCHASE OF
MAMMOGRAPHIC EQUIPMENT -- PROVIDE
FOR NEW GRANT AND ALLOCATE FUNDS
($100,000) FROM CDBG, TO MEET
PAYROLL.
44.
AUTHORIZE BAYFRONT PARK
R 95-704 123-124
MANAGEMENT TRUST TO CLOSE
9/28/95
BICENTENNIAL PARK TO THE PUBLIC
(SEPTEMBER 29 FOR 9 DAYS) -- TO
PREPARE FOR THE CARIBBEAN
CARNIVAL (OCTOBER 8, 1995).
45.
ACCEPT PROPOSAL: PERSONNEL ONE,
R 95-705 124-125
INC. -- FOR PROVISION OF PAYROLL
9/28/95
AND PERSONNEL SERVICES TO
BAYFRONT PARK MANAGEMENT TRUST.
46. WAIVE REQUIREMENTS FOR
COMPETITIVE BIDS -- APPROVE
EMERGENCY INSTALLATION OF
SECURITY SYSTEM IN BAYFRONT PARK,
BY: INNER CITY ELECTRIC --
ALLOCATE $30,000 (FROM BAYFRONT
PARK MANAGEMENT TRUST'S GENERAL
OPERATING BUDGET).
47. AFFIRM MANAGER'S NEW CELLULAR
TELEPHONE POLICY -- CLASSIFY SAID
TELEPHONES AS CATEGORY "A"
SURPLUS STOCK -- AUTHORIZE
MANAGER TO DIRECT -SELL SURPLUS
TELEPHONES (WITH BATTERIES /
CHARGERS / OTHER ATTACHMENTS) TO
CITY EMPLOYEES FOR $100.00 --
EXECUTE RELEASE DOCUMENTS.
48. AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH KISKINIS
COMMUNICATIONS TO PROVIDE
MARKETING SERVICES RELATED TO
PROMOTION OF THE CENTENNIAL BRICK
PROJECT AT BAYFRONT PARK --
ALLOCATE FUNDS ($3 PER BRICK)
FROM REVENUE GENERATED BY SALE OF
BRICKS.
49. (A) VICE MAYOR PLUMMER ASKS
POLICE CHIEF WARSHAW WHEN SIGNS
WILL BE POSTED ON MAIN
THOROUGHFARES REQUESTING ACCIDENT
VEHICLES TO MOVE OUT OF TRAFFIC
LANES, IN CONFORMANCE WITH STATE
POLICY.
(B) CITY MANAGER ODIO
CONGRATULATES CHIEF WARSHAW ON
MIAMI POLICE DEPARTMENT BECOMING
NATIONALLY ACCREDITED.
50. DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION CONCERNING HEARING ON
REMAND FROM CIRCUIT COURT
APPELLATE DIVISION FOR SPECIAL
EXCEPTION GRANTED BY ZONING BOARD
AND DENIED BY CITY COMMISSION --
FOR EXTENDED CARE FACILITY AT
3800 W. FLAGLER STREET. (See
label 54) [Applicant(s): Jose
M. Alvarez, Miami Mental Health
Center.]
R 95-706
9/28/95
R 95-707
9/28/95
R 95-708
9/28/95
DISCUSSION
9/28/95
DISCUSSION
9/28/95
125-126
126-127
127-128
128-129
130-131
L
51. GRANT SPECIAL EXCEPTION TO ALLOW
A FINANCIAL DRIVE -THROUGH
FACILITY (ZONED C-1 RESTRICTED
COMMERCIAL), WITH CONDITIONS, AT
600 S.W. 27 AVENUE.
[Applicant(s): M.D.C.C. & First
Union National Bank.]
52. GRANT SPECIAL EXCEPTION TO ALLOW
A DRIVE -THROUGH FINANCIAL
INSTITUTION WITH A REDUCTION OF
RESERVOIR SPACES, WITH
CONDITIONS, AT 600 S.W. 27
AVENUE. [Applicant(s): M.D.C.C.
& First Union National Bank.]
53. DISCUSS AND CONTINUE (TO JANUARY
25, 1996 MEETING) CONSIDERATION
OF PROPOSED RESOLUTION TO APPEAL
SPECIAL EXCEPTION GRANTED BY
ZONING BOARD FOR A TRANSMISSION
TOWER IN CONNECTION WITH A
CELLULAR COMMUNICATION SITE AT
749 N.W. 5 AVENUE.
[Applicant(s): Robert F. Oden.
Appellant: Overtown Advisory
Board.]
54. (Continued) DISCUSS AND CONTINUE
(TO OCTOBER 26, 1995 MEETING)
CONSIDERATION OF PROPOSED
RESOLUTION CONCERNING HEARING ON
REMAND FROM CIRCUIT COURT
APPELLATE DIVISION FOR SPECIAL
EXCEPTION GRANTED BY ZONING BOARD
AND DENIED BY CITY COMMISSION FOR
EXTENDED CARE FACILITY AT 3800 W.
FLAGLER STREET. (See label 50)
[Applicant(s): Jose M. Alvarez,
Miami Mental Health Center.]
R 95-709
9/28/95
R 95-710
9/28/95
M 95-711
9/28/95
M 95-712
9/28/95
131-133
133-134
135
136-150
,j
55. AMEND 92-820, WHICH DENIED APPEAL
AND AFFIRMED ZONING BOARD'S
DECISION TO GRANT CLASS I SPECIAL
PERMIT FOR A POOL HALL, WITH
CONDITIONS, AT 304 S.W. 8 AVENUE
(ZONED C-1 RESTRICTED
COMMERCIAL -- DELETE CONDITIONS
THAT (1) HOURS OF OPERATION BE
FROM 10:00 A.M. TO 9:00 P.M., 6
DAYS A WEEK, EXCLUDING SUNDAYS,
AND (2) A SECURITY GUARD
LICENSED, UNIFORMED AND ARMED AT
ALL TIMES SHALL BE ON PREMISES
WHILE OPEN FOR BUSINESS.
[Applicant(s) / Appellant(s):
Manuel Reyes.]
56. SECOND 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 and
Synchron Parking Systems, Inc.]
57. SECOND 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 and Synchron Parking
Systems, Inc.]
58. SECOND 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).]
R 95-713
9/28/95
ORDINANCE
11308
9/28/95
ORDINANCE
11309
9/28/95
ORDINANCE
11310
9/28/95
150-156
157-158
158-159
160
59. SECOND 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).]
60. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION AT WYNWOOD
FOREIGN TRADE ZONE FROM R-3
MULTIFAMILY MEDIUM -DENSITY
RESIDENTIAL TO I INDUSTRIAL.
[Applicant(s): Community
Planning & Revitalization Dept.]
61. SECOND READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION AT WYNWOOD
FOREIGN TRADE ZONE FROM C-2
LIBERAL COMMERCIAL TO I
INDUSTRIAL. [Applicant(s):
Community Planning &
Revitalization Dept.]
62. DISCUSS AND CONTINUE (TO OCTOBER
26, 1995 MEETING) CONSIDERATION
OF PROPOSED RESOLUTION GRANTING
MAJOR USE SPECIAL PERMIT FOR
LINDSEY HOPKINS TECHNICAL
EDUCATION CENTER PARKING GARAGE
PROJECT AT 710 N.W. 20 STREET --
COMMISSIONER DAWKINS WILL
NEGOTIATE WITH DADE COUNTY SCHOOL
BOARD FOR APPROPRIATE
REMUNERATION IN LIEU OF TAXES.
[Applicant(s): The School Board
of Dade County & Miami Parking
System.]
ORDINANCE
11311
9/28/95
ORDINANCE
11312
9/28/95
ORDINANCE
11313
9/28/95
M 95-714
9/28/95
161
162
163
164-168
63. FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP ORDINANCE 10544)
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT CERTAIN
RECENTLY ANNEXED / UNMAPPED LANDS
ON VIRGINIA KEY TO ADD:
RECREATION, MAJOR INSTITUTIONAL,
PUBLIC FACILITIES, TRANSPORTATION
AND UTILITIES, AND RESTRICTED
COMMERCIAL. [Applicant(s):
Community Planning &
Revitalization Dept.]
64. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION AT CERTAIN
RECENTLY ANNEXED / UNMAPPED LANDS
ON VIRGINIA KEY TO ADD ZONING
CLASSIFICATION: PR PARKS AND
RECREATION, G/I GOVERNMENT AND
INSTITUTIONAL, AND C-1 RESTRICTED
COMMERCIAL. [Applicant(s):
Community Planning &
Revitalization Dept.]
65. FIRST READING ORDINANCE: AMEND
MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (MCNP ORDINANCE 10544)
FUTURE LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT CERTAIN
PROPERTIES ON VIRGINIA KEY FROM
CONSERVATION TO RECREATION,
RESTRICTED COMMERCIAL AND MAJOR
INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES.
[Applicant(s): Community
Planning & Revitalization Dept.]
66. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 ATLAS --
CHANGE DESIGNATION FOR CERTAIN
PROPERTIES ON VIRGINIA KEY FROM
CS CONSERVATION TO PR PARKS AND
RECREATION, C-1 RESTRICTED
COMMERCIAL AND G/I GOVERNMENT AND
INSTITUTIONAL. [Applicant(s):
Community Planning &
Revitalization Dept.]
FIRST
READING
ORDINANCE
9/28/95
FIRST
READING
ORDINANCE
9/28/95
FIRST
READING
ORDINANCE
9/28/95
FIRST
READING
ORDINANCE
9/28/95
168-171
171-172
172-173
174
L
67.
AMEND 94-429 BY DELETING
R 95-715
175-179
REQUIREMENT THAT VIZCATRAN
9/28/95
LIMITED RE -OPEN CLOSED STREET ON
/ ABOUT S.W. 22 TERRACE AS A
CONDITION PRECEDENT TO
DISBURSEMENT OF FUNDS.
[Applicant(s): Vizcatran Ltd.]
68.
SECOND READING ORDINANCE: AMEND
ORDINANCE
179-180
ZONING ORDINANCE 11000 TEXT --
11314
PROHIBIT VARIANCES FOR REDUCTION
9/28/95
IN VISIBILITY TRIANGLES.
[Applicant: Community Planning &
Revitalization Dept.]
69.
SECOND READING ORDINANCE: AMEND
ORDINANCE
180-181
ZONING ORDINANCE 11000 TEXT --
11315
AMEND REGULATIONS FOR ON -SITE
9/28/95
SIGNS ABOVE A HEIGHT OF FIFTY
FEET ABOVE GRADE. [Applicant:
Community Planning &
Revitalization Dept.]
70.
FIRST READING ORDINANCE: AMEND
FIRST
181-182
ZONING ORDINANCE 11000 TEXT --ADD
READING
CAMPING FACILITIES AS A
ORDINANCE
CONDITIONAL PRINCIPAL USE WITHIN
9/28/95
PR PARKS, RECREATION AND OPEN
SPACE ZONING DISTRICT.
[Applicant: Community Planning &
Revitalization Dept.]
71. FIRST READING ORDINANCE: AMEND
ZONING ORDINANCE 11000 TEXT --
MODIFY REGULATIONS PERTAINING TO
LAUNDRY AND DRY CLEANING
FACILITIES IN C-1 RESTRICTED
COMMERCIAL DISTRICT -- REPLACE
CLASS II SPECIAL PERMIT WITH
SPECIAL EXCEPTION. [Applicant:
Community Planning &
Revitalization Dept.]
FIRST
READING
ORDINANCE
9/28/95
72. RESCHEDULE BOTH COMMISSION R 95-716
MEETINGS IN NOVEMBER TO TAKE 9/28/95
PLACE ON NOVEMBER 16, 1995.
182-183
183-184
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th day of September, 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 3:04 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 Vic"fo'r lYe Yurre
' Commissioner Wifredo Gort
__._.._ _ _........ _ ..__.._._. __.... _.._.._.�.Y. 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: Prior to the beginning of the meeting,
Administration had withdyawn the following agenda items: 28 and
29.
NOTE FOR THE RECORD: Commissioner Plummer requested to
have agen a items 26 and 27 considered before considering
agenda items related to Virginia Key.
1 September 28, 19.95
----------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
----------------------------------------------------------------------------------------------------------------
(A) Commendation: L.J. Gross, Director, Miami "Mega -City" Special Olympics -- for
his achievements and dedication to the community. (Presented by Commissioner De
Yurre.)
(B) Certificates of Appreciation: Athletes, winners of the 1995 Miami "Mega -City"
Special Olympics: Jackie Gonzalez, Drew McArthur, Julius Weaver, Nicholas
Perry, Dubari Bernard, David Mallis, Loren Mastin, Arvin Frazier and Lowell
Kuvin. (Presented by Commissioner De Yurre.)
NOTE FOR THE RECORD: Commissioner Dawkins entered the
Commission Chamber at 3:07 p.m.
2. WAIVE RENTAL FEE FOR USE OF ARTIME CENTER AUDITORIUM BY
FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR
VEHICLES (ON CONSECUTIVE SATURDAYS, OCTOBER 14-DECEMBER
30, 1995) -- FOR TESTING / PROCESSING APPLICATIONS FOR FLORIDA
DRIVERS LICENSES.
Mayor Clark: All right. Mr. Plummer, you're recognized.
Vice Mayor Plummer: Mr. Mayor, I'll make this as quick as I can. As everyone knows, and
unfortunately knows, there's a major problem in this town in reference to driver's license.
They're having all kinds of problems. They approached us, and I talked with the Manager, and
what they need is a facility where they can do real, tremendous amount of testing before the
driver's actual exam. I have here a pocket item which the Manager has fully concurred, a
resolution waiving the rental fee for the use of the Artime Center Auditorium by the State of
Florida Department of Highway Safety and Motor Vehicles on consecutive Saturdays,
commencing on Saturday, October 14th through Saturday, December the 30th, for the purpose of
testing and processing applications for the State of Florida driver's license applicants. Said
waiver conditioned upon the user obtaining insurance to protect the City in the amount as
prescribed by the City Manager's designation, and complying with all conditions and limitations
as may be prescribed by the City Manager, his designee, and a parking area to be designated by
the Manager for road testing. I would like to move that at this time. I think it will be a
tremendous benefit for this community.
Mayor Clark: Boy, it sure would. Thank you. Second.
Vice Mayor Plummer: Mr. Thompson, you can go back to Tallahassee.
Mayor Clark: Moved and seconded. Mr. Clerk, if there's no exception, cast a unanimous ballot.
2 September 28, 1995
Vice Mayor Plummer: Thank you, Mr. Mayor.
Mayor Clark: Thank you, sir.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-672
A RESOLUTION WAIVING THE RENTAL FEE FOR THE USE OF ARTIME
CENTER AUDITORIUM BY STATE OF FLORIDA, DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES (USER), ON CONSECUTIVE SATURDAYS
COMMENCING ON SATURDAY, OCTOBER 14 THROUGH SATURDAY,
DECEMBER 30, 1995 FOR THE PURPOSE OF TESTING AND PROCESSING
APPLICATIONS FOR STATE OF FLORIDA DRIVERS LICENSE APPLICANTS;
SAID WAIVER CONDITIONED UPON THE USER: (1) OBTAINING INSURANCE
TO PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY
MANAGER OR HIS DESIGNEE; AND (2) 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 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.
3 September 28, 1995
----------------------------------------------------------------------------------------------------------------
3. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH THE
COCONUT GROVE LOCAL DEVELOPMENT CORPORATION -- FOR
DEVELOPMENT OF THE GOOMBAY PLAZA PROJECT -- FUNDS
PARTIALLY PROVIDED BY (1) $2 MILLION SECTION 108 LOAN
GUARANTEE, AND (2) $300,000 ECONOMIC DEVELOPMENT INITIATIVE
GRANT FROM U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) -- AUTHORIZE MANAGER TO EXECUTE
AGREEMENT WITH GROVITES UNITED TO SURVIVE (GUTS) TO
MODIFY / INCREASE CITY'S EXISTING FIRST MORTGAGE ON SITE OF
PROPOSED PROJECT (FROM $271,976 TO $2,271,976), WITH
STIPULATIONS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number one on today's agenda is authorizing the City Manager to enter an
agreement with the Goombay Plaza Project. Persons interested, who may want to speak on this
�tqi, please. -coma forward. Yes sir.
Vice Mayor Plummer: Mr. Manager, it is my under... Mr. Mayor.
Mayor Clark: Yes, sir. %
Vice Mayor Plummer: Maybe I'm misunderstanding.
Commissioner Gort: I'm the one who asked for a deferral.
Vice Mayor Plummer: You're asking for a deferral, then I'll shut up.
Commissioner Gort: I didn't, no, no, I... _
Vice Mayor Plummer: The people that came to see me indicated that this was merely an action
by the City Commission today for the purposes of'accepting the grant; is that correct? It's not
for approving the project or the picture, or the budget, or any of that. Am I confused?
Mr. Frank Castaneda: Well, it was for accepting the grant and authorizing us to enter into a
contract with the group. What I would suggest is to permit the project to proceed in phases, and
that each... and the Commission would approve each phase as it proceeds, if that is the will of the
Commission.
Mr. Cesar Odio (City Manager): Or accept the grant and put it on hold until we can determine
everything else.
Vice Mayor Plummer: Sure. Well, the questions that were asked at the last meeting, Mr. Mayor,
as I recall, were questions relating to the project, the financing and all of that. And I never have
a problem accepting money. But I think that... Mr. Gort, was it you, or was it Mr....
Commissioner Gort: It. was myself that asked...
Vice Mayor Plummer: Yeah, right.
Commissioner Gort: The reason being that this is... My understanding is that this has been here
for the last ten years, we've been talking about this same item. I met with the individuals, both
4 September 28, 1995
the ones that were in favor and the ones that were in opposition to the item. And when I look at
the - what's proposed to be done there, I think it's an excellent idea, and I will support it
completely. I think that we need the renovation of that whole area. The economic development
of that area is very important, and that a tourist sort of attraction in that area is already in
existence here. It's an ideal market for that. I've also talked to other merchants that owned
property within that area, and they had similar plans, which I think it's very important to get
them all together. So I'm the one that asked for a deferral at that time. I'm ready for a motion, if
you would like, but we had the public hearing.
Mayor Clark: You want to move for a deferral?
Commissioner Gort: No, sir.
Mayor Clark: All right, sir.
Commissioner Gort: I'm ready for it.
Mayor Clark: All right.
Vice Mayor Plummer: I have three, then. I have three things, Mr. Mayor, I'd like to add,
whenever it's ready.
�........__.___..._.. Mayor.Clark _.All_right, sir.
Vice Mayor Plummer: First and foremost is that the City at all times maintain a monthly
auditing procedure.
Mayor Clark: Very good.
Vice Mayor Plummer: Number two, that they are bound... they are bound by the same bidding
procedures that the City uses in reference to going out for bids in an RFP (Request for
Proposals). OK? And third of all, my concern - I don't know how to word this, Frank, you'll
have to help me - that for whatever reason, if the project fails, since we are the one on the hook
for the loan, that if the project fails, the project comes back to us without any question. If it fails,
it's a reverter clause back to the City.
Mr. Frank Castaneda:. Well, Commissioners, we have a first mortgage position on this project,
so...
Vice Mayor Plummer: No, no. I want them to include in their agreement with the City that they
will not fight it, that if, in fact, it forecloses, that that position will come back to the City. OK?
You understand what I'm saying? We've got to go on the hook. If they fail for the loan, God
forbid, then the City has to pick up the balance. Correct?
Mr. Castaneda: That's correct.
Vice Mayor Plummer: And if such, if such, then I think the City, if we're going that far, should
have the right to come back and say, hey, the project comes back to the City. We're on the hook
for it. Am I right or wrong?
Commissioner De Yurre: Well, J.L., legally, you can't keep them from suing.
Mayor Clark: Wait, wait just a minute. Let him finish his first.
5 September 28, 1995
Vice Mayor Plummer: Well, look, all I'm saying, Victor, I think that they can agree that if the
project is a failure, and if it reaches that point - and I don't ever want to see that - that, in fact, if
we've got to pick up the tab, we've got to have something in the way of collateral to try to
recoup our loss. That's all I'm saying. Now, whatever terminology that might be can be written
into the agreement, but I would like to see those three items put in the agreement.
A. Quinn Jones, III, Esq. (City Attorney): But Commissioner, I think that your concern is taken
care of in the instance of the mortgage. To require them to put a reverter in, or something in the
nature of a reverter that the property would become the City's upon default, in my opinion,
would be a restraint on alienation. And, you know...
Vice Mayor Plummer: OK. Let me go a step further, then.
Mr. Jones: OK.
Vice Mayor Plummer: 'If they have a second mortgage and a third mortgage - OK? - would that
not affect the City's position?
Mr. Castaneda: No. We would have the first position.
Mr. Jones: No. We're in first position.
Mr. Castaneda:_..We would wipe them out. .,.._
Vice Mayor Plummer: First position.
Mr. Jones: Yes.
Vice Mayor Plummer: Will our position, being in first, be the equivalent of what the loan is, if
we had to pick it up?
Mr. Jones: Yeah. If they defaulted on the first mortgage...
Vice Mayor Plummer: I'm comfortable, Mr. Mayor.
Mr. Jones:... then it would be sold and we could recoup what we can.
Mayor Clark: Mr. Dawkins, you're recognized.
Commissioner Dawkins: I yield to Mr. De Yurre.
Commissioner De Yurre: I'm fine.
Commissioner Dawkins: OK. Mr. Castaneda, you said "grant," and then it says, "Section 108
loan."
Mr. Castaneda: That's correct.
Commissioner Dawkins: For the record, what is... What are we saying?
Mr. Castaneda: Well, Commissioner, two things are occurring. We are receiving a three
hundred thousand dollar ($300,000) grant that will go to the LDC (Local Development
Corporation) as a grant, and a two million dollar ($2,000,000) loan that will be guaranteed by a
first mortgage position on the property. So in effect, we are giving them two point three million
6 September 28, 1995
and only putting a mortgage additionally of two million, because three hundred thousand dollars
($300,000) is a gift from the Federal Government for this project.
Commissioner Dawkins: And get three hundred thousand dollars ($300,000) from the Federal
government. We're going to give them that as a grant.
Mr. Castaneda: That is correct.
Commissioner Dawkins: All right.
Mr. Castaneda: The other two million is as a loan.
Commissioner Dawkins: OK. So, well how... Well, where do we get here to two million two
hundred seventy-one thousand nine hundred and seventy-six dollars ($2,271,976)?
Mr. Castaneda: Because right...
Commissioner Dawkins: That does not round out to three hundred thousand - three million.
Mr. Castaneda: Because right now, we have a mortgage on the property of two hundred seventy-
one thousand nine hundred and seventy-six dollars. So basically, we are adding two million
dollars to that, so it's two million two seventy-two. That's just a round figure. It's a dollar
Mayor Clark: OK.
Mr. Castaneda: It has nothing to do with the three hundred thousand dollars ($300,000). The
three hundred thousand dollars is a gift.
Commissioner Dawkins: OK. What was the original loan to GUTS (Grovites United to
Survive)?
Mr. Castaneda: The original to GUTS was half a million dollars.
Commissioner Dawkins: Half a million.
Mr. Castaneda: Because the...
Commissioner Dawkins: All right. Now, what happened to the first half a million?
Mr. Castaneda: OK. Two hundred and seventy-one thousand dollars was basically expended in
acquisition of the property and taxes, and there was two hundred... and the balance was available
in the City. The City Commission decided to use this money for some consultant fees, and also
to acquire...
Commissioner Dawkins: For what? For what?
Mr. Castaneda: Consultant fees, and to acquire a property by the LDC, which is the property on
the west side, which is going to provide for egress and regress (sic) to the building, and also has
about eight units, if I recall correctly.
Commissioner Dawkins: The west side of what? Of Douglas.
Mr. Castaneda: Of Grand.
7 September 28, 1995
Commissioner Dawkins: Grand?
Mr. Castaneda: Right.
Commissioner Dawkins: The west side of Grand or the west side of Douglas?
Mr. Castaneda: East side.
Vice Mayor Plummer: Where the Food Mart is?
Mr. Castaneda: Well, it's the one that... It's the building that has commercial in the first floor
and...
Mr. Billy Rolle: Mr. Mayor, may I say something, please? I think we need a map.
Mayor Clark: Just a moment, please.
Commissioner Dawkins: Mm-hmm.
Mr. Castaneda: And residential in the floor on top. And it will provide for egress and regress to
the parking lot in the...
Commissioner Dawkins: All right. Now, well, I need to hear from Mr. Holton now. Mr.
Holton? Before...
Mayor Clark: Please identify yourself for the record.
Commissioner Dawkins: I'm sorry.
Mr. Richard Holton: Richard Holton, a Coconut Grove resident for 43 years, 3350 Hibiscus
Street, president of Coconut Grove Local Development Corporation.
Commissioner Dawkins: Before, we have not had, in my opinion, a working relationship with
the Board. OK? Every time something has happened, Mr. Alexander comes down here, we beat
up on him, and we don't see the Board. OK? I would hope from this day forward that the Board
does not send your executive director down here to negotiate for you. Let the Board itself come,
and I would appreciate that, if we could do that. Thank you.
Mayor Clark: Very good. Thank you.
Mr. Holton: Thank you. Thank you very much.
Mayor Clark: All right. Mr. Rolle... Ms. Armbrister, you want to speak some?
Ms. Esther Mae Armbrister: Yes.
Mayor Clark: Yes. You have very strong opinions, and I admire you. You're a fine lady.
Ms. Armbrister: Won't work today.
Mayor Clark: Thank you.
Ms. Armbrister: Thank you very much. I need it today. My name is Esther Armbrister. I live
at 3350 Charles Avenue, and I have been in Coconut Grove for the past 59 years, and I don't
8 September 28, 1995
have any intention of leaving at this late date. Now, what I've got to say is the same thing over,
and over, and over, and over. Every time LDC comes down here, you all see him coming in the
door, and the first thing you do is tell the Manager to give him what he wants, what he wants,
what he wants, and this is what you've been doing. Now, wait a minute. For the past three or
four years, you built that parking lot in the rear of the Tikki Club. You haven't done anything at
all. The only thing you have done was to close in three sides, and you have built in there a
prostitution and dope ring, and this is what you got in there now. So the people in that particular
neighborhood is suffering from it. Now, wait a minute. You have ingressed, and you have gone
into the residential area. And you weren't supposed to do that, but you did it. Now, there's
another house that's available, and it's in a residential area, next to the parking lot that you've
already built. Now, I would like to know, in black and white, and the citizens of that particular
area want to know, what do you intend to do? Let them expand their parking lot, in case they
decided they have enough people coming and do it? And I'd like to know when they are really
going to do what they say they been... they're going to do, because we been over this thing for
the past ten or 15 years, and it's the same old story over and over, later, later, later, later. And I
want to be here when all this happens, and I don't have much more time. I only have about 20
more years, and I've already spent ten of those waiting on you all to do something.
Mayor Clark: Well, let's hear from Mr. Rolle. He might have an answer for us.
Ms. Armbrister: Wait. In the meantime, they do not come to us, and sit down, and discuss with
us what their plans are. They just discuss it among themselves, and present it to you, until the
very_..lastminute,when the find out maybe there's a -possibility they might not get it, in case you __ . ......_.
don't tell the Manager to give it to them, because this is what you been doing.
Mayor Clark: All right.
Ms. Armbrister: I'm through temporarily.
Mayor Clark: Thank you, ma'am. Yes, sir.
Mr. Rolle: Hey. My name is Billy Rolle, and I reside at 3430 Williams Avenue. When we left
on the 14th, we were supposed to come back with plans for Goombay Plaza, per Commissioner
Gort. We see no plans. We were supposed to pick up plans from the City Clerk's Office,
Building and Zoning. We got nothing, and we are still going through the vagueness of Goombay
Plaza. What shops, what's the traffic survey, what's the parking situation? We need to know,
and as taxpayers, just to say, well, we'll turn this over now to LDC, which is still City, if GUTS
owed you five hundred thousand and it's transferred to LDC, that's a sweet deal. If I put up five
thousand, and I can get the five thousand back and be rid of the debt, you know, I'm a guy who
lost two hundred thousand dollars ($200,000) worth of property in the last year. I'd like to have
that deal, too, if the City is going to pay off GUTS' debt and then start again with two point three
million more. And I know Planning Department and Zoning, we're supposed to get
development down there with private, if we can. If you don't see nobody private going down
there, there must be something about the property that they're afraid of. So if they haven't
developed anything in ten years, and you're going to give the people their money back... And I
have nothing against these people, because I went to school with them, and they are kin to me.
But right is right, when you do Federal funds. You remember Section 8 HUD (Housing and
Urban Development), HMOs (health maintenance organizations) and Medicare? 108 is another
way to deal with the money the same way. If it's not paid back, the City gets the material. I
wish they had taken my lot and had it back, but then that's neither here nor there. That's lost.
But I'm saying, we have no plans as to what's going to happen. We're supposed to have it here
today, like Commissioner Gort said, and we don't see them. And I... And I think, to the
merchants who have been down there 25 and 30 years, we need some consideration.
9 September 28, 1995
Mayor Clark: All right, sir. Thank you, Mr. Rolle. This gentleman right behind you wants to
say something. Your name for the record, please, sir.
Mr. Harvey Wallace: My name is Harvey Wallace, 3680 Grand Avenue, property owner. I'm
here with a little reservation. I haven't been in the area in a while, but me being a property
owner right on that corner of Grand and Douglas, for once... I was always told you never buy a
pig in a poke. In other words, I don't know what's going to be. There's two million dollars
($2,000,000) coming down the pipe. I don't know if it's a two million dollars ($2,000,000)
program - I mean two million dollar ($2,000,000) project. I don't know if the feasibility study
says it's a two point five million dollar ($2.5 million) project. I also want to know, what is the
criteria for choosing one property owner... What's the criteria of choosing to develop this
particular property in lieu of another particular property? I just think there's a lot of
reservations. I don't know if the public... I'm talking about the ground, the grass root people,
the ground root people. I don't know if we've seen the plans. I don't know if this really - if that
information has been given out to the people in Coconut Grove, and I think that we really need
to put things on a hold until we can, we as a community can see what's going on. Thank you.
Mayor Clark: All right, sir. Thank you for your comments. Yes, sir.
Mr. Mustafa A. Amin: My name is Mustafa Amin. I live at 3840 Charles Terrace. You know, I
find it unbelievable that we have a group, and it seems like to me they're a special interest group
in our community, and none of the other groups are being considered. As a matter of fact, the
that._.y_ou are talking about west of the Goombay Plaza property, these people were
removed from their businesses. We have the Local Development buying up the properties.
They're not assisting the people. They've giving them no assistance, because as a matter of fact,
Moss Barbershop has been there for 25 or 30 years. These people were moved. LDC is buying
up the property. The City of Miami is now giving money to this LDC to buy up the property for
the people. When are they going to develop the property. OK, they tell me all of these facades -
and literally, that's what they are, facades - they're not developing anything. It's not in
conjunction with the people in our community. And I say to the Mayor of Miami and this City
Commission, I think you really need to have your Manager's office stop and take a serious look
into the total problem here, because we even have some problems with this LDC Board. It's a
question of their legality. And so I'm saying, how are you going to take now and give these
people? How about the others? They're getting no development consideration. I went and
asked for the plans for this Goombay Plaza from the City of Miami. I was told that they had
none. I was told from... First, I went to Mr. Jack Luft's office. They told me that they were not
given any plans. I went to Planning and Review. They said they had none. Now, I find, all of a
sudden, here they are, appearing. The people in our community know nothing of the plan here.
All right. Here is this same GUTS group. They've gotten no one to develop all the other side of
the street. What about the other people? They're being denied this same process. So what they
want to do, they want to go from Grand to Percival Street. What they want to do, buy up this
property and then turn around and ask the Federal government to give - to hold that grant for
them when they do that, at the expense of all the rest of us? I think it's just unfair, and I think
the Mayor of Miami and this Commission should really stop and go deeply into this, because
this, a lot of this stuff is just facades, and that's what it is. It's not from the people of our
community. Talk to them, you'll find out. They're never told about meetings that are given.
The people are not told anything.
Mayor Clark: All right. Yes, Mr. Gort. Gonzalez.
Mr. Manuel Gonzalez-Goenaga. I defer to the lady.
Ms. Thelma Gibson: If -you're on.the opposite side, you go ahead; Mr.. Gonzalez,, because I,..
_ -10 _" _ September 28, 19:95
Mr. Gonzalez-Goenaga: Well, as a matter of privilege, I would like to be heard for two minutes.
May I?
Mayor Clark: Two names?
Mr. Gonzalez-Goenaga: Two minutes.
Mayor Clark: Yes, sir. Give us your name, and we'll be happy...
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, not anymore Boom -Boom. I
am resigning, withdrawing as a candidate, because I have been threatened by special interest,
very powerful people... let me finish.
Mayor Clark: You're not going to finish...
Mr. Gonzalez-Goenaga: because from here, I go to the police.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: You ordered my arrest, Mayor. Thank you. This is a government, and
I said it for the twentieth time, of fraud and deceit...
Mayor.Clark:._.Sir,.please, sir.
Mr. Gonzalez-Goenaga: ... and Mr. Cesar Odio is a fake and a farce.
Mayor Clark: Please, sir, you're out of order.
Mr. Gonzalez-Goenaga: Thank you very much. We will see in court, my dear friends.
Mayor Clark: Very good. Absolutely.
Mr. Gonzalez-Goenaga: And go to the deposition, under oath, Mr. Odio.
Mayor Clark: Yes.
Ms. Gibson: Mr. Mayor...
Mayor Clark: I apologize.
Ms. Gibson: That's all right. Mr. Mayor and members of the Commission...
Mayor Clark: Thelma, I want to apologize. I couldn't be there yesterday, but I had my aide
assist you.
Ms. Gibson: We appreciate it. We appreciate that.
Mayor Clark: Yes, ma'am. For the record, give everyone your name.
Ms. Gibson: I'm Thelma Anderson Gibson, on 3661 Franklin Avenue. I am vice president of
the group called GUTS, Grovites United to Survive. Our president is not here, and I hate to hear
all of the misconceptions about our group. We worked for some five years trying to develop that
property that we call Goombay Plaza. When we discovered that we could do no more, we asked
the Local Development Corporation to do that. We felt that that's what they were paid to do.
11 September 28, 1995
And to hear that we are a special interest group really tickles me at this point, because there must
be five members of the GUTS group here today, and if they'll just stand up, wherever they are.
Mr. Gibbons, and Mr. Simpson, Ms. Fisher and Mr. Lee was here last time. But we're all black,
20 blacks who decided that we wanted to help develop the Coconut Grove area. OK. I don't
really want to even look at you anymore, because I really have to laugh at you. Billy knows all
of us, and he's been there all of his life. And for him to stand up here and say that he lost his
property... Billy, you ought to tell them why you lost your property. Dave Hill is here. They
foreclosed on you. Dave Hill bought the property, gave you the opportunity to run the store, and
you really, really ought to be ashamed to...
Mayor Clark: Please, please.
Mr. Rolle: Since you made a personal reference, I'll tell you why.
Ms. Gibson: No, I just want you to know that...
Mayor Clark: Listen, let's talk about...
Vice Mayor Plummer: Mr. Mayor, excuse me.
Mayor Clark: Ms. Gibson, please, let's get back on track here.
Vice Mayor Plummer:.. -This is not the issue on the -agenda. I would appreciate all parties, who I
am dearly friendly with both, to stick to the issue.
Ms. Gibson: It's just that it hurts to hear them say this, because we borrowed five hundred
thousand dollars ($500,000), and we spent... And the thing that they don't understand, we can't
spend the money unless we have a bill to pay, and we get it, we draw it down from the City.
And when we got to a point that we couldn't do anything more, we gave it to the LDC. Off -
Street Parking did the parking lot for us, and there are 35 parking spaces there that will be used
when we get the businesses going. Now, we're at a point where we could develop the corner.
We have come. up with some plans. The young architect is here who did those plans for us, and
he's a native of Miami. And when I heard all these things about what we're not doing, it sort of
bothers me, because we have certainly tried. We have not spent one dime that was not allocated
for a reason. We will not spend a dime again until we see something going, if you allow us to
have this money. Now, the money has come down the pike as a loan. The two million dollars
($2,000,000) is being loaned to us. As you say, the three hundred thousand dollars ($300,000) is
a grant. The two hundred and seventy-two thousand dollars ($272,000) is what was spent from
the five hundred thousand and it's being added to the two million that gives us the two point two
million that we owe you.
Commissioner Gort: That has to be paid back.
Ms. Gibson: And that's all we want.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor, what I would like... Several questions were asked when the...
What I would like staff to explain is the procedure utilized to apply for this grant. Who has the
right to apply for the grant, and what is the process . that you have to go through in order to
qualify for this type of grant, if you don't mind, Mr. Mayor, so we can - everybody can
understand. Thank you.
Mr. Castaneda: Well, Commissioner, basically, an application was prepared - two applications
were prepared. One for the EDI (Economic Development Initiative) grant, which is the
12 September 28, 1995
Economic Development Initiative. The Economic Development Initiative was a federal
program. I believe that in that particular... Only two have been granted in Florida. One has
been to them, and then the other one was to Tacolcy.
Commissioner Dawkins: Would you all please tell them how many the City of Miami applied
for, and we only got one.
Mr. Castaneda: Well...
Commissioner Dawkins: OK. Just... I mean, just say how many. We applied for more than
one, but we were only funded for one.
Mr. Castaneda: EDI... I believe that there were two or three EDI applications, but what I'm
saying is that I believe that we were the only ones in the State... Oh, I'm sorry. There were two
in South Florida, one for Miami, and the other one was for Miami Beach, for the hotel in Miami
Beach. And basically, it has been those... Well, three have been approved in all the period, two
in Miami and one in Miami Beach. Part of the conditions to get an EDI grant is that a 108
application has to be submitted, and there has to be a federal loan. Again, an application was
submitted for the 108 money, and the government has awarded the 108 money. The 108 money
is guaranteed by the CDBG (Community Development Block Grant) letter of credit, and
therefore is a risk free to the Federal government. But obviously, it provides a risk to the City of
Miami. In order to protect that risk, we are requesting and we are demanding a first mortgage
__.._._.______..__..position on the property. One of the things that we..wsll do is to make sure that the money is _......__...
spent according to the specific line items, and if the Commission desires, we can bring it here on
every particular phase, you know, to see the design and so forth, as it proceeds, Commissioner,
or keep you abreast, as you want to.
Vice Mayor Plummer: I think that would be a great idea. I think that it gives credibility to that
scenario, and I see nothing wrong with that, and I would accept that as one of the conditions.
Mayor Clark: Very good. Mr. Gort, you have the floor.
Commissioner Gort: I'm the one that deferred this item last time, because I wanted to see some
of the plan, of the concept that was going to be done in the area. I looked at it. I had an
opportunity to look at it. I not only talked to them, but I also talked to other property owners
within that area, and I think that it can be done. The one thing that I would like to request is that
the existing merchants there should get first right of refusal, that they have an opportunity in the
different markets that you put in, if they're the only one in the area that could be set up, I think
they should give him the first right of refusal. If they have the whole plan together, they should
be part of that. That's the only... but I'm ready to move it.
Vice Mayor Plummer: Well, I have one other question, if I may, and this is to the
Administration.
Mayor Clark: Yes, sir.
Commissioner Gort: Are you going to second that or...
Vice Mayor Plummer: Yeah, I'll second the thing, but Mr. Manager, my question is, if the 108
grant is not approved, if it is not, then should the grant of the three hundred thousand ($300,000)
be given?
Mr. Castaneda: No, no, you lose it. The EDI is... is only part of the money and is specifically
conditioned on... on getting the 108 money. And basically, what happened was...
13 September 28, 1995
Vice Mayor Plummer: In other words... Well, simply, the three hundred thousand, which is
item one...
Mr. Castaneda: Right.
Vice Mayor Plummer: ... if number two does not get approved by the Feds, item one is null and
void.
Mr. Castaneda: That's correct. No, but number two is approved by the Feds already. We just
have to accept the money.
Vice Mayor Plummer: Oh, OK. All right. I didn't know that.
Mayor Clark: All right. We have a motion and a second on the floor. Any further discussion
from the Commission?
Vice Mayor Plummer: That's item one, right? First? You're going to do the first...
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes. Mr. De Yurre, you have the floor.
Commissioner De Yurre: I'm looking at the background information here, the backup, and I see
there is a budget for the development, the physical development of the property, which amounts
to about three point eight plus million dollars. My concern is, since we're getting the Section
108 loan, which if it doesn't get paid, we are responsible for its repayment, who in the City of
Miami has, or what accounting firm has done the marketing study for the expected success of the
businesses that are going to go there? Who has reviewed this? Who can assure us that this is
what is going to be successful there, so that we can feel comfortable in going ahead with this two
million dollar ($2,000,000) loan? Hello?
Mr. Castaneda: Commissioners, a number of individuals have looked at this project. I will be
frank with you. People believe that this is a very risky project. People believe that Douglas and
Grand is a hard sell for a restaurant. But, you know, we've been at this project for ten years.
You know, the issue...
Commissioner De Yurre: No, the issue is, who prepared this document right here, the restaurant
pro forma?
Mr. Castaneda: The restaurant pro forma was prepared by the consultant hired by the Coconut
Grove LDC, and that was...
Commissioner Gort: That's what he wants to know.
Commissioner De Yurre: OK. Where is that consultant?
Commissioner Gort: Give him the information.
Mr. Odio: Give him the information.
Mr. Castaneda: Creative Management, Steiner Group.
4.
Commissioner De Yurre: OK. Where are they?
14 September 28, 1995
Mr. Castaneda: They are not here today, Commissioner.
Commissioner De Yurre: Well, you see, all I have is... I mean, it's not signed by anyone. All I
have is a sheet with numbers on it that doesn't say anything to me.
Mr. Jihad Rasheed: Mr. Commissioner, Jihad Rasheed, 3692 Grand Avenue. For four years,
Creative Management, headed by Brad Weiser and the Steiner Associates conducted focus
groups and market studies, and travelled extensively throughout the United States to do
comparables. It did projections and the numbers. The numbers are sound. We've been at it a
long time, and it's based on sound marketing principles. Existing traffic studies are already there
to show that we have the traffic patterns. What has been marketed is a destination location,
including banquet facilities. It is consistent with the overall tourism goals that we have for South
Florida. It is deemed to be a desirable success, based on sound facts and marketing. We can
submit it, but we don't want to hold it up any further, but we can provide those numbers.
i Commissioner De Yurre: Well, you have to understand, and I want to make sure. My concern is
to make sure that what gets done there is going to be successful.
Mr. Rasheed: Yes. We've had every indication...
i
Commissioner De Yurre: That it's not something that is going to be built that, because of
_._______.._.....whatever extenuating -circumstances, becomes a white. elephant, because of the dynamics of the � ........
situation. All I see here, in trying to make an intelligent decision, is one sheet of paper. I don't
see any documents by this consulting group, marketing group, saying that we are behind, we are
i signing our name to this document, and we base this on the following facts: That we've done a
marketing study, that the numbers show this, that we expect this to happen. I don't see that. I
mean, like literally, anyone could have come up with these numbers. And I...
Mr. Rasheed: Point well taken.
Commissioner De Yurre: And I have no knowledge of, when I'm going to talk about making a
two million dollar ($2,000,000) commitment, enough information to intelligently say, hey, this
sounds good, it's doable. Even though it may be risky, I think it's worth it, because the numbers
look that they can make a go of it. But I have no idea what this paper means to me.
Mr. Odio: Commissioner...
Mr. Rasheed: OK, good. We can provide those numbers, but just rest assured that we did have
the top notch developers and consultants consultation on this project.
Mr. Odio: I believe, if I - I'm going by memory, it's been ten years - that Cocowalk, Steiner at
one time was involved with... Am I wrong.
Unidentified Speaker: Yes, you're correct.
Mr. Odio: ... with... When Mayor Suarez involved them in, and there were two other people. I
forget their names.
Commissioner Dawkins: Monty Trainer. You know which one.
Mr. Odio: I don't remember that, Monty Trainer being involved.
Mr. Rasheed: No, no, this is subsequent to that. This is subsequent to that.
15 September 28, 1995
Mr. Odio: I don't know Monty Trainer's involvement in this. I remember Jacob Steiner from
Cocowalk. Now, Commissioner, let me say this, because I need to put this on the record for the
sake of the staff. You don't look at the corner of Grand and Douglas like you would the corner
of where Cocowalk is, or Mayfair, or whatever. We know, we know for a fact that it's a risky
corner. We know for a fact of the drug problems we have in that corner and the crime being
committed in that corner. What we're asking, I guess, by supporting this, is that either we have
drug dealers and crime in that corner, or we have a development that begins the cleanup of that
corner, the takeover of decent business. And we are taking a risk. I'm not sure that it's good to
make it.
Commissioner De Yurre: But in order - and that's a good point that you're making - in order for
us to go ahead with this monetary commitment, there has to be the resources commitment to
clean the place up, because it isn't that a structure is going to help rid crime of that area.
Mr. Odio: We agree.
Commissioner De Yurre: It's going to be the inverse. Crime is going to take over this property.
Mr. Odio: Yes, we agree.
Commissioner De Yurre: So unless you're telling me that there is a plan of action ready to
protect this property,. just like you do at Bayside - and. let's not get into the numbers at Bayside -
but we surely put money to protect that investment.
Mr. Odio: Yes.
Commissioner De Yurre: So unless you're telling me that we're now in a position to do
something similar to that, to clean that area so that people will feel comfortable going in there
and leaving their dollars there, and doing business with that area, then we're fooling ourselves.
Mr. Odio: You are absolutely right, Commissioner; and we have a commitment from the Chief,
from the NET (Neighborhood Enhancement Team) Office, from the NET Lieutenant that we are
going to put all our emphasis through the NET Administrator, Thelma Edwards, that the only
way we are going to win this corner back is by bringing decent people to buy from this
development there, and this is an opportunity. Yes, you are risking the money, but it's either
spend the money on this, or keep spending money in putting people away in jail, or keeping
police officers full-time in that corner, trying to avoid somebody getting hit in the head or
something. I think this is the beginning of a solution to bring back that area of the community.
That's the only way I can put it.
Commissioner De Yurre: And I think you're right. But if it's done right, it will be successful. I
just want to make sure that it's done right.
Mr. Odio: Yes, sir. You're absolutely right.
Mayor Clark: All right. Let's move forward, please.
Commissioner Gort: That's why we put all the amendments to it, and they got to come back to
us every month, and we're going to be looking at it, every minute of it.
Mayor Clark: Does the Commission desire any further discussion? Hearing none, call the
question, Mr. Clerk. It's been moved and seconded by Mr. Gort and Mr. Plummer.
16 September 28, 1995
t
j
The following resolution v introduced by Commissioner Gort, w, noved its adoption:
RESOLUTION NO.95-673
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION ("CGLDC") FOR THE DEVELOPMENT OF THE GOOMBAY PLAZA PROJECT WITH
FUNDS PARTIALLY PROVIDED BY A $2 MILLION SECTION 108 LOAN GUARANTEE AND AN
ECONOMIC DEVELOPMENT INITIATIVE GRANT OF $300,000 FROM THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT ("HUD"); FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH GROVITES
UNITED TO SURVIVE ("GUTS") TO MODIFY AND INCREASE THE CITY'S EXISTING FIRST
MORTGAGE POSITION ON THE PROPERTY SITE OF THE PROPOSED PROJECT, FROM $271,976 TO
$2,271,976, TO REFLECT THE ADDITIONAL $2 MILLION LOAN GUARANTEE FROM HUD; DIRECTING
THE CITY MANAGER TO INSTRUCT THE FINANCE DIRECTOR TO PERFORM MONTHLY AUDITS
AND MAINTAIN RECORD ACCORDINGLY CONCERNING THE USE OF SAID FUNDS BY CGLDC AND
GUTS; FURTHER REQUIRING THAT CGLDC AND GUTS COMPLY WITH ALL PROCUREMENT
REQUIREMENTS AS PRESCRIBED BY CITY CHARTER AND CODE PROVISIONS.
(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 AFTER ROLL CALL:
Commissioner Dawkins: Mayor Clark, May I, please?
Mayor Clark: Yes, sir, you have the floor.
Vice Mayor Plummer: That was... Excuse me. That was item 1, Mr. Mayor?
Commissioner Gort: One, 2 and 3.
Commissioner Dawkins: Commissioner...
Mayor Clark: Item one.
Commissioner Dawkins: Commissioner De Yurre is correct, and the rest of the Commissioners
are correct. This is a high risk endeavor, but it's no more risk to this than it is to anything else in
this City of Miami, but every time it's one of those areas, it's high risk.
17 September 28, 1995
Mayor Clark: You'll get shot down.
Commissioner Dawkins: Now, I am going to say to this party over here, we have given this
party money for economic development on Grand Avenue. It's up to you to come up with a
development group and develop on either side of Grand Avenue. What is that, Florida Avenue
and Thomas? There are vacant lots in there on which you can put new homes. And as the
Manager said, if we do not provide the people to spend money in the shops that we're putting on
Grand Avenue, we're spinning our wheels. And I want the Police Department to understand that
just like you make U.S. - what is that there by the Cocowalk? What street is that? Main and
Highway and what?
Vice Mayor Plummer: No, Virginia.
Commissioner Dawkins: And just like you police that every 15 minutes, you better try to police
Grand and Douglas every 15 minutes. Thank you.
Mayor Clark: Thank you, sir.
----------------------------------------------------------------------------------------------------------------
4. AUTHORIZE MANAGER TO ENTER INTO AGREEMENT WITH U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) -- FOR
SECTION 108 LOAN GUARANTEE OF $2 MILLION -- TO HELP FINANCE
DEVELOPMENT OF THE GOOMBAY PLAZA PROJECT -- TO BE
DEVELOPED BY COCONUT GROVE LOCAL DEVELOPMENT
CORPORATION -- ACCEPT ECONOMIC DEVELOPMENT INITIATIVE
GRANT OF $300,000.
Mayor Clark: Item number 2.
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Mayor Clark: This is a companion item with...
Commissioner Gort: It's a companion item.
Mayor Clark: Is there a second?
Commissioner Gort: J.L. seconded.
Vice Mayor Plummer: Second, I seconded it.
Mayor Clark: Call the roll.
18 September 28, 1995
A
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-674
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ("HUD"), IN A SUBSTANTIALLY
THE ATTACHED FORM, FOR A SECTION 108 LOAN GUARANTEE IN THE
AMOUNT OF $2 MILLION DOLLARS TO HELP FINANCE THE DEVELOPMENT
OF THE GOOMBAY PLAZA PROJECT TO BE DEVELOPED BY THE COCONUT
GROVE LOCAL DEVELOPMENT CORPORATION (CGLDC), AND FURTHER
ACCEPTING AN ECONOMIC DEVELOPMENT INITIATIVE GRANT OF
$300,000.00 TO BE USED WITH THE SECTION 108 LOAN GUARANTEE.
(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.
--------------------- ------------------------------------------------------------------------------------
5. FIRST READING ORDINANCE: ESTABLISH TWO NEW SPECIAL
REVENUE FUNDS AND APPROPRIATE FUNDS: (1) GOOMBAY PLAZA
HUD SECTION 108, $2,000,000, AND (2) GOOMBAY PLAZA ECONOMIC
DEVELOPMENT INITIATIVE GRANT, $300,000 -- AS APPROVED BY U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) --
TOTAL CDBG APPROPRIATION: $2,300,000.
Mayor Clark: First reading ordinance on item number 3.
Vice Mayor Plummer: You have to do number 2 first.
A. Quinn Jones, III, Esq. (City Attorney): You did 2.
Mayor Clark: We did 2.
Commissioner Gort: We just did 2.
Vice Mayor Plummer: Was that 2?
19 September 28, 1995
Mr. Jones: Yes.
Vice Mayor Plummer: I'm sorry. I'm sorry.
Mayor Clark: Can you give me a motion on 3?
Commissioner Gort: Move it.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second.
Mayor Clark: Call the roll, Mr. Clerk.
An Ordinance entitled
AN ORDINANCE ESTABLISHING TWO (2) NEW SPECIAL REVENUE FUNDS
UNDER THE TWO TITLES LISTED BELOW AND APPROPRIATING FUNDS FOR
THE OPERATION OF EACH OF THE TWO (2) NEW SPECIAL REVENUE FUNDS
IN THE AMOUNTS AS FOLLOWS: GOOMBAY PLAZA HUD SECTION 108,
$2,000,000.00; GOOMBAY PLAZA ECONOMIC DEVELOPMENT INITIATIVE
GRANT, $300,000.00 AS APPROVED BY THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR A TOTAL CDBG
APPROPRIATION OF $2,300,000.00; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
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.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Before I vote, let me tell you, I'm going to put another stipulation. I'll
vote yes, with a stipulation...
Commissioner Dawkins: On what?
Mayor Clark: On the ordinance.
Vice Mayor Plummer: ... that the Local Development Corporation, in conjunction with our staff,
have to call a meeting in the area and explain to all of the people...
20 September 28, 1995
Commissioner Gort: They've done that.
Vice Mayor Plummer: ... all of the questions. Give them another shot. OK? One more time.
Let them ask all the questions and have all the questions answered. I'll vote yes.
----------------------------------------------------------------------------------------------------------------
6. BRIEFLY DISCUSS AND WITHDRAW CONSIDERATION OF PROPOSED
RESOLUTION TO ACCEPT PROPOSAL / SELECT BUNKERS OF MIAMI,
INC. AS SOLE QUALIFIED RESPONDENT TO RFQ -- FOR MANAGEMENT
/ OPERATION OF MELREESE GOLF COURSE.
-------------------------------------------------------------- -------------------------------------------------
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: I see here... I'd like to... a point of special privilege. I see where item
28 was withdrawn. OK?
Mr. Odio: Yes, sir. May I explain why?
Vice Mayor Plummer: What is 28?
Mr. Odio: Because of the... Because of the five-day rule, Commissioner, the... We received the
contract from the attorney that is handling that company at the last minute. Our City Attorney,
in order to comply with the five-day rule, wrote down by hand the changes that we wanted, and
we submitted it back to the attorney. The problem is that the language is ineligible, I think that
document would leave to confusion, and I met with parties yesterday, and I begged them to
understand that it's better to do it right and bring it back October 26th. That's the only reason
that I deferred that item.
Commissioner Dawkins: Mr. City Attorney, have you seen this item?
A. Quinn Jones, III, Esq. (City Attorney): Yes, I have.
Mayor Clark: Well, they're trying to clean it up, that's the reason.
Commissioner Dawkins: Yeah, but see, but they shouldn't... See, my problem, Mr. Mayor, is
that I am ashamed to have had a vehicle like this passed out to the public as a professional legal
document, and have it signed on in this position by the City Attorney as to form and correctness,
and you can't even read it as to what the content... I agree with the Manager, and I am happy
that he pulled it. I... I can't read it with any continuity.
Mr. Odio: I really need to say this, Commissioner. The City Attorney was trying to bring this to
a conclusion, and we found out that...
Commissioner Dawkins: OK. What was the urgency that the City Attorney had to send this out
in this manner?
Mr. Odio: It's a matter of scheduling...
Mr. Jones: Well, let me... Let me explain. We got the document the day before you were going
to print. We found substantial problems with the document. We... If we were going to put it to
21 September 28, 1995
print, we had to have something to put into print. So what you have in your package that went to
print was the document with the changes. I... You know, I, for one, never want to be rushed into
doing something that is going to be of great significance to the City. I'd rather spend the time
and do it right, and that's the only way I knew how to do it.
Vice Mayor Plummer: You never been accused of that.
Mr. Jones: OK? Commissioner Plummer says I've never been accused of doing that, but any,
if... You know, that's how it got in the package that way. If I had gotten the document back
from the other attorney much sooner, we could have made the changes and had the document
done, but we didn't get it till the last minute, and...
Commissioner Dawkins: OK. But you still deferred it until next week.
Mr. Jones: Commissioner, I didn't pull it.
Mr. Odio: No, no, no, sir.
Commissioner Dawkins: So therefore, it should have been pulled and deferred until next week
anyway.
Mr. Odio: No, sir. It's deferred till October 26th.
Commissioner Dawkins: That's next week.
Mr. Odio: No, sir.
Commissioner Dawkins: I mean the next meeting. I'm sorry. You're right. I mean the next
meeting.
Mr. Odio: Well, we have three weeks to do it right.
Commissioner Dawkins: OK. All right. OK. I have some questions that I will give to you.
Once you give it to me in a form where I can read it, I'll have some questions.
Mayor Clark: Very good.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Clark: Yes, sir.
END OF DISCUSSION -- NO ACTION TAKEN
22 September 28, 1995
----------------------------------------------------------------------------------------------------------------
7. (A) AUTHORIZE PAYMENT OF ATTORNEY'S FEES TO RONALD J.
COHEN, ESQ.: (1) RETIRED MIAMI POLICE LIEUTENANT
MICHAEL CHRISTOPHER, $90,000; (2) DOUGLAS RASMUSSEN vs.
CITY OF MIAMI (OFFICER MENDEZ), $11,442.15; AND (3)
OFFICER JESUS AGUERO, $130,000.
(B) AUTHORIZE ENGAGEMENT OF COUNSEL / PAYMENT OF
ATTORNEY'S FEES FOR: (1) OFFICER TOM TRUJILLO (ROBERT
KLAUSNER, ESQ.), $50,000, AND (2) OFFICER NOEL NOGUES
(DOUGLAS WILLIAMS, ESQ.), $70,000.
Mayor Clark: Item number 4, attorney's fees. Is there a motion on that item?
Vice Mayor Plummer: Mr. Mayor, I asked this to be deferred to go and to carouse with the City
Attorney. It is my understanding that there's some slight modifications imposed by the City
Attorney. If he would read them into the rules, I would move that at this particular time.
Mayor Clark: All right, Mr. Attorney.
it, Vice Mayor Plummer.:.Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Consistent with the Commission's directive, the
request for reimbursement in Lieutenant Christopher, the original request was for a hundred
thousand dollars ($100,000). We negotiated down to ninety thousand. In the case of Douglas
Rasmussen, there was a request for twelve thousand nine hundred forty-two. We agreed to
eleven thousand four hundred forty-two fifteen... essentially, eleven thousand five hundred.
With respect to Jesus Aguero, the request was for a hundred forty-seven, roughly a hundred
forty-seven two hundred some thousand dollars. We negotiated down to a hundred thirty. There
are two other requests, am I correct, Mr. Cotera?
Vice Mayor Plummer: He'll...
Mr. Jones: Consistent with the policy that the Commission passed that you would not approve
any reimbursement of attorney's fees for any future officers unless they came before this
Commission and sought your approval. You should also remember that I indicated to you that
the FOP (Fraternal Order of Police) and our office agreed to a list of attorneys that would be
available for these officers to use. This is for both civil and criminal cases. There's a list of
eight or nine attorneys, a diverse group...
Mr. Al Cotera: Thirteen or 14.
Mr. Jones: ... African -American, Hispanic, Anglo. And what Mr. Cotera is here in addition to is
to ask your permission to engage counsel on behalf of two officers - is it two officers? - two
officers, to ask you to approve engagement of counsel for those two particular officers. One is
for a civil matter wherein my office determined that there was a conflict of interest, that we
could not represent him, because we determined that, based on our assessment, that this
particular officer's conduct was contrary to City policy.
Vice Mayor Plummer: What is the name and the amount that you recommend?
23 September 28, 1995
L
Mr. Jones: Is that Officer Trujillo?
Mr. Cotera: Trujillo, yes.
Mr. Jones: Yes.
Mr. Cotera: And that's been capped at fifty thousand.
Vice Mayor Plummer: How much?
Mr. Cotera: Fifty thousand. I don't suspect that's going to go that high.
Vice Mayor Plummer: OK. Well, I'm going to make it not to exceed.
Mr. Cotera: That's fine.
Mr. Jones: In fact, Commissioner, that's the pending Snyder case.
i
Vice Mayor Plummer: OK. And what's the other one?
Mr. Cotera: Nogues.
Mr. Jones: Nogues?
Mr. Cotera: Nogues. That's a criminal case. It's State versus Nogues, and you can cap that at
seventy thousand.
Vice Mayor Plummer: He's gone over there.
Mr. Jones: That's correct. If you just would, for the record, just indicate the lawyers in
representation of those two.
I
Mr. Cotera: Doug Williams will be representing Nogues. Klausner and Cohen will be handling
the civil side on Trujillo.
Vice Mayor Plummer: This comes with your recommendation? I move item 4.
Mayor Clark: Is there a second?
Mr. Cesar Odio (City Manager): That's pretty good.
Mayor Clark: Call the roll.
24 September 28, 1995
The following resolutions were introduced by Vice Mayor Plummer, who moved their adoption:
RESOLUTION NO.95-675
A RESOLUTION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO
ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF THE LAW FIRM OF KLAUSNER
AND COHEN, P.A. 'IN THE AMOUNT OF $231,500 FOR ATTORNEYS' FEES AND COSTS
INCURRED BY THE FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, AS FOLLOWS: (1)
$90,000 FOR THE REPRESENTATION OF MICHAEL LEE CHRISTOPHER, POLICE OFFICER,
IN THE CASE OF STATE OF FLORIDA VS. MICHAEL LEE CHRISTOPHER, DADE COUNTY
CIRCUIT COURT CASE NO. 91-41915-LANDO; (2) $11,500 FOR THE REPRESENTATION OF
DOUGLAS D. RASMUSSEN, POLICE OFFICER, IN THE CASE OF DOUGLAS D. RASMUSSEN
VS. CITY OF MIAMI, ET AL, CASE NO. 92-1986-CIV-HURLEY, UNITED STATES DISTRICT
COURT; AND (3) $130,000 FOR THE REPRESENTATION OF JESUS AGUERO, POLICE
OFFICER, IN THE CASE OF UNITED STATES OF AMERICA VS, JESUS AGUERO, CASE NO.
93-352-CR-MARCUS, UNITED STATES DISTRICT COURT; AND ALLOCATING FUNDS
THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND.
RESOLUTION NO.95-675.1
A RESOLUTION APPROVING THE ENGAGEMENT OF LEGAL COUNSEL FOR THOMAS
TRUJILLO, POLICE OFFICER, IN THE CASE OF DOUGLAS J. SNYDER, ET AL. VS. THE CITY
OF MIAMI, ET AL., CASE NO. 88-53801-CA-02, DADE COUNTY CIRCUIT COURT, AND
AUTHORIZING THE PAYMENT OF LEGAL FEES, CAPPED AT AN AMOUNT NOT TO EXCEED
$50,000 FOR SAID SERVICES; APPROVING THE ENGAGEMENT OF LEGAL COUNSEL FOR
NIEL NOGUES, POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS. NOEL NOGUES,
CASE NO. 94-3685-FERRER, DADE COUNTY CIRCUIT COURT, AND AUTHORIZING THE
PAYMENT OF LEGAL FEES, CAPPED AT AN AMOUNT NOT TO EXCEED $70,000 FOR SAID
SERVICES; ALLOCATING FUNDS THEREFOR, IN A TOTAL AMOUNT NOT TO EXCEED
$120,000, FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND FOR
PAYMENT OF SAID LEGAL FEES AS SPECIFIED HEREIN.
(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 Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Item number 5.
Mr. Cotera: Mr. Mayor, one quick thing. I sat there for about an hour, and he pinched me for every
penny that he could. That's why I can say that he probably saved the City somewhere around thirty to
thirty-five thousand dollars ($30,000 - $35,000). Thank you.
Mayor Clark: Don't mention that too high. He'll want a raise.
_ Mr. Jones: I do want one, Commissioner, Mr. Mayor.
Mayor Clark: So do we.
-25
September 28, 1995
----------------------------------------------------------------------------------------------------------------
8. DISCUSS AND REFER TO MANAGER ISSUES CONCERNING PROPOSED
SIDEWALK / CURB / DRAINAGE IMPROVEMENTS ON S.W. 32
AVENUE -- MANAGER TO REPORT BACK IN 30 DAYS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 5. Thank you, Al. Anthony...
Mr. Anthony Scornavacca: Scornavacca.
Mayor Clark: ... Scornavacca.
Mr. Scornavacca: Good afternoon. My name is Anthony Scornavacca, Jr. I live at 2735
Southwest 32nd Avenue. Thank you for allowing me to take the opportunity to present my
views. I just want to bring to the attention of the City Commission an item that's of concern to
the City, 30... Southwest 32nd Avenue. The main problem there is that...
Vice Mayor Plummer: What street, sir?
..--May-o-Clark:_27th.Street. _..
Mr. Scornavacca: Between mainly U.S. 1 and Coral Way.
Vice Mayor Plummer: Thank you.
Mr. Scornavacca: I feel that it's underdeveloped, as well as the neighbors in my community and
my neighborhood. They feel that it needs some improvement. It's a two-lane road. It's
probably been that way since it was originally paved. The City is approaching its centennial, I
notice, and there probably hasn't been much improvement on the street. The main problem is
there's a potential safety hazard. There's the Boys' Club there. There's... Two blocks up,
there's a school and a church. There's a lot of pedestrian traffic on the street. There's nothing to
separate the vehicular traffic from the pedestrian traffic. People walk on the edge of the
roadway. Mothers push their baby strollers down the street. So I see a potential problem there.
Also, it's becoming an eyesore. Deterioration invites more deterioration. The street vendors are
having a field day there. Every day, in front of the Boys' Club, they set up their trucks with
their... and they're selling their used vacuum cleaners, and toasters, and coco frio, and it's just
getting a little out of hand. The... My request is very simple. I'd just like to ask the
Commission if they could motivate the Code Enforcement Officers to clean up the area a little
bit, and the Police Department to enforce the City Code. I can hardly imagine seeing a junk
vendor parking on South Bayshore Drive or Main Highway, getting out of his truck, and
conducting his business. That, obviously, wouldn't be stood for. So that...
Vice Mayor Plummer: How about if I ask the Manager to look into it and report back to you and
to us within 30 days?
Mr. Scornavacca: I'd appreciate that. I already did receive a response from Wally Lee, and he
talks about a full scale improvement. It doesn't really need a full scale improvement.
Obviously, that would take years.
Mayor Clark: We'll get the answer back to you right soon. Thank you, sir.
26 September 28, 1995
Mr. Cesar Odio (City Manager): We have one other issue I think that we need to look at. It's
the rights -of -way.
Mr. Scornavacca: Right.
Mr. Odio: That we may not own the rights -of -way, so we can do some of this you want to do,
but we are going to look at it and come back as soon as possible.
Mr. Scornavacca: Right. According to Mr. Lee, he said the street is zoned for 70 feet in width,
and that's pretty unrealistic.
Vice Mayor Plummer: Everywhere.
Mr. Scornavacca: And I'd just like to see at least a plan take place within a specific time frame,
maybe within the next six months to a year.
Mayor Clark: You'd have to clean it up before you start to widen it.
Mr. Scornavacca: I've done my part on my property.
Mayor Clark: You're doing a good job. Congratulations. Thank you, sir. You'll get an answer
back right away.
Mr. Scornavacca: When can I expect it?
Mayor Clark: Thirty days, within 30 days.
Vice Mayor Plummer: Within 30 days.
Mr. Scornavacca: Within 30 days. Thank you. I appreciate your time.
END OF DISCUSSION -- NO ACTION TAKEN
------------------------------------------------ ---------------------------------------------- ------------------
9.. DISCUSS AND REFER TO MANAGER CONCERNS OF JOEL FINE
REGARDING TRASH DUMPING ON VACANT LOT NEAR HIS
PROPERTY -- MANAGER TO REPORT BACK AT OCTOBER 26TH
MEETING.
Mayor Clark: Mr. Joel Fine, are you present?
Mr. Joel Fine: Yes, sir.
Mayor Clark: Give us your name and address, please.
Vice Mayor Plummer: You know, I... Mr. Mayor, if you read the letter he sent us... Mr.
Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
27 September 28, 1995
I
Vice Mayor Plummer: 1 don't understand why this is even before us. I mean, unless this man is
not... what he's putting in writing is not correct, one neighbor is throwing trash, that he has
proof, on another neighbor's yard. That's NET (Neighborhood Enhancement Team).
Mr. Fine: If you would, please. This...
Mr. Odio: Hello. Why don't you let him, because I think we need to give him the right to be
here. He has met with the NET Administrator, he has met with everybody else, and we cannot
satisfy...
Mayor Clark: Let's hear it from him. Sir, give us your name and address for the record.
Mr. Fine: Joel Fine, 77 Northwest 166 Street. Commissioner Plummer, I am not here to talk
about my property. I am here to...
Vice Mayor Plummer: Oh, I'm sorry. You gave me this letter, didn't you?
Mr. Fine: The letter would indicate that it deals with my property, but that's not why I'm here.
Vice Mayor Plummer: Oh, all right, sir. I'm sorry.
Mr. Fine: I am here to talk about a City ordinance, which I think, once I draw a... bring to your
...attention that.- this -ordinance needs changing, that_.it. is_an unfair ordinance, that we should be _. _ .._....__
ashamed to have such an ordinance, that I think if you'll give me the opportunity to tell you
about it, I think that you'll take action on it. That's the only thing that I ask to do.
Mayor Clark: Well, let's make...
Mr. Fine: It is true, I do own a lot, which is a vacant residential lot, which my neighbor, who has
a home next door with a ten -foot wall around it - which I don't think would pass Code today, but
in those days, it did - uses that lot as his own personal property. He dumps trash on it, he dumps
debris on it, he puts his vacant cars, his antique cars on it, his trucks, he puts anything else of
value, he stores it on the property. Now, I went to the City, as a citizen, and I asked them for
help. And the City sent me to my NET office. And I spoke to the people at the NET office, and
the people at the NET office were very nice, the... from the director of the NET office down to
the police, to the inspectors, and everybody else. And they said, don't worry, Mr. Fine, we'll go
out, we'll talk to the man, and he'll clean this up. And so they went out, and they talked to the
man, and the man did not clean it up. And I came back, and I talked to them about it, and they
didn't do anything about it. And finally, they said that, well, maybe you should go down and
talk to the Hearing Board. So I went to the Hearing Board, stood right in this room. I explained
in a lot more detail. You have there pictures of the trash and garbage that this man leaves on my
lot. I explained to the Hearing Board. They said: This is terrible. I have spoken to at least 25 or
more City employees of all, you know, levels - thank you - of all levels. And every one of them,
with the exception of one or two people, every one of them was sympathetic to exactly what it
was that I had come to them for, and every one of them said, I'll look into it, and I'll get back to
you, and nobody looked in and got back to me until I went to one of your offices and I
complained, and they said, why don't you go to the Hearing Board. So I went to the Hearing
Board, and I stood right here in this very spot at the Hearing Board, and I explained exactly what
had happened. And the Hearing Board thought this was outrageous. So the Hearing Board said,
we will have him clean that lot off, and if he doesn't do it, then the City will come in with their
bulldozers and trucks, and the City will clean that lot of all his debris and all of the things that
are growing there, because you can't take care of a lot when things... every five feet, there's
something else, a bathtub or something else, sitting there. And... or an antique car. So they said,
and if he doesn't do that, then we'll attach, put a lien on his home. And then a voice came out of
28 September 28, 1995
somewhere and said, I don't know if we can do that. And so the head of the Hearing Board said,
well, find out if we can do it, and let Mr. Fine know. And I waited two or three weeks, and I
didn't hear anything, and I called. And the answer I got was, why don't you go back to the NET
office. So I went back to the NET office.
Mayor Clark: Sir, wait a minute. What's the address of this lot? Where is it located?
Mr. Fine: 941 Northeast 82 Terrace.
Mayor Clark: Northeast?
Mr. Fine: 82 Terrace.
Mayor Clark: 82 Terrace.
Mr. Fine: The neighbor is at 921.
Mayor Clark: 921. Mr. Manager.
Mr. Odio: I have the NET Administrator that dealt with this issue to put her answer on the
record, please.
Ms. Neyda Galves: Yes. This property... My name is Neyda Galves, NET Administrator for the
Upper East Side NET. We have met with Mr. Fine many times, we have tried to help him.
However, what Mr. Fine wants us to do, he wants me to clear the lot and lien his neighbor. I
cannot do that. He has an empty lot. His lot has been a problem since my predecessor was
there. It's always been an overgrown lot. And an overgrown lot is a giant neon sign saying,
please dump here. We need property owners to take responsibility for these lots. He needs to
clear his lot and fence it in, and he won't have this problem any more.
Mr. Fine: Mrs. Galves is almost correct. She's almost correct. It did go back to her
predecessor, and her predecessor was very nice and very helpful. Unfortunately, I said one or
two people were not helpful, and I'm afraid to say that Mrs. Galves was one of them, because all
she cared about was the fact that there is a City ordinance that says that the property owner is
responsible.
Commissioner Gort: That's true.
Mr. Fine: I said, but wait a minute, wait a minute. We have inspectors, City employees, who
know for an absolute fact, there's no question who did this. He has admitted that. You have in
your papers there a fax that was sent to her office that, I will clean this lot up and remove
everything by March 31st.
Mr. Odio: Mr. Fine, Mr. Fine. Excuse me, sir. The problem that we have, we have to deal with
law, and we have to catch somebody in the act...
Mr. Fine: Exactly.
Mr. Odio: ... of dumping so that we could arrest him.
Mr. Fine: He's been caught. He's been caught in the act of dumping...
Ms. Galves: And he's been fined.
29 September 28, 1995
_-j
Mr. Odio:
And he's been fined.
Ms. Galves: He's been fined.
Mr. Fine:
And he's been fined.
Ms. Galves: And he's been fined.
Mr. Odio:
Right. But... But...
Mr. Fine:
And he's done nothing about it.
Mr. Odio: But as far as your property is concerned, you have to have control of your property.
Mr. Fine: If you will...
Vice Mayor Plummer: Can I ask a question?
Mr. Fine: Sure.
Vice Mayor Plummer: How much is... Is the fine on running?
Ms. Galves: He has..._
Vice Mayor Plummer: The man that's supposedly throwing the stuff, is his fine on running?
Ms. Galves: The neighbor's?
Vice Mayor Plummer: Yes.
Ms. Galves: I don't know. I don't have his file here in front of me.
Mr. Fine: Yes, it is.
Ms. Galves: But he's been ticketed.
Vice Mayor Plummer: Well, but I'm saying, is he...
Ms. Galves: I think he has another ticket now.
Commissioner Gort: It's a five hundred dollar ($500) fine.
Vice Mayor Plummer: Is it a five hundred dollar ($500) fine total, two -fifty a day, that he
i
doesn't comply? I mean, what is the fine?
Ms. Galves: I don't have his file here. I don't know the amount of the fine. But I know he has
been ticketed on more than one occasion, and he... Right now, we have... We're taking him to
the Code Enforcement Board.
Mayor Clark: Mr. Manager, would you do us a favor?
Mr. Odio: Yes, sir.
30 September 28, 1995
Mayor Clark: Would you check into this personally, and not to the Boards, and Boards, and
Boards, and come back to us, and tell us what action. If we have to file a lawsuit, we'll file a
lawsuit.
Mr. Odio: Yes, sir.
Mayor Clark: OK?
Mr. Fine: Mayor, if I... If I may, please.
Mr. Odio: But... but...
Mr. Fine: Thank you.
Mr. Odio: We need to tell him, Mr. Fine, that we're not going to clean up his property.
Mayor Clark: No.
Mr. Odio: And that if we ever did, we're going to put a lien on your property, and you have to
put a fence to protect yourself.
Mr. Fine: What the City Manager is not telling you is - because probably, he doesn't know - is
that...
Mr. Odio: I probably don't know.
Mr. Fine: As I say, he probably doesn't know, is that I had a lawn man take care of the lawn
until it final... And that lawn was level. I mean, there was nothing on that property, not a
chewing gum wrapper, until finally, until finally, it got so bad that he came to me and said, with
all of that stuff that this man is dumping on the lawn, there's nothing I can do. I can't cut the
grass, I can't do anything. I can't trim a bush. There's no way that I can do this. So I went to
the City... I went to the City Attorney's Office, and I spoke to the Assistant City Attorney who
was in charge, and the Assistant City Attorney who was in charge said that the City ordinance
says that the property owner is responsible. And I said, well, then, if the property owner is
responsible, I said, because in Dade County, the property owner is not responsible, in Dade...
Mayor Clark: Yes, they are. Yes, they are.
Mr. Fine: All right.
Mayor Clark: I was there 23 years. They're responsible.
Mr. Fine: Well, not according to the ad that you - that I put in there and called Dade County.
And they said, don't let people dump on your property, report... report illegal dumping. And I
called them and asked them, and they said, we would... if that were the case, but when they heard
I was in the City, there was nothing they could do.
Mayor Clark: Well, they were...
Mr. Fine: But in the meantime, the State of Florida has a law, and their law says that the...
Mayor Clark: Please, we're not getting anywhere this way, Mr. Fine. Mr. Dawkins, you have
the floor.
31 September 28, 1995
Commissioner Dawkins: Mr. City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): Yes, sir.
Commissioner Dawkins: This gentleman has a lot which is private property. This gentleman
has a problem with his next door neighbor. Wouldn't it be proper for this gentleman to call the
police and file a claim against his neighbor, and put his neighbor in jail, or go to court, or do
whatever he has to do, since this is private, between two private homeowners? Would that be
proper?
Mr. Jones: Well, unless the police officers actually witness what's taking place, they can't do
anything in terms of an arrest or whatever.
Commissioner Dawkins: OK. OK then, but...
Mr. Jones: What the remedy is... This is what the remedy is. If he knows that this is happening
continually, and he has pictures that he says he has, his remedy is to sue his property owner,
that's what his remedy is. He can't look to the City.
Mr. Fine: And I would come out with exactly the same thing that the City has come out with...
Mr. Jones: Well...
Mr. Fine: Zero.
Mayor Clark: Please, now, we're not getting... Mr. Manager, we made a request.
Mr. Odio: I'd be glad to meet with him, Mr. Mayor.
Mayor Clark: And we'll find out. By October the 26th, we'll have an answer for you, sir.
Mr. Fine: All right. So things will be postponed, then, until the 26th and you want...
Mayor Clark: Yes, sir. We can't do it today.
Mr. Fine: And you want me to come back on the 26th?
Mayor Clark: Mr. Manager... Well, we've got your name and address...
Mr. Odio: I will meet with you, sir. She will arrange for a meeting...
Mayor Clark: We'll contact you.
Mr. Fine: All right.
Mayor Clark: Thank you, sir.
Mr. Fine: Can I get Mr. Jones to meet, also, who refused to meet with me?
Mayor Clark: We'll get the proper authorities there. Let us handle that.
Mr. Odio: We can have it.
Mayor Clark: Thank you, sir, for your appearance.
32 September 28, 1995
Mr. Fine: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
10. ACCEPT PROPOSAL SUBMITTED BY PARROT JUNGLE AND GARDEN,
INC. -- FOR UNIFIED DEVELOPMENT OF A BOTANICAL GARDEN
ATTRACTION AND ANCILLARY ENTERTAINMENT / RETAIL SERVICE
FACILITIES ON WATSON ISLAND.
Mayor Clark: We're postponing these appointments at the present time. We're taking up item
number twenty... What is it, J.L.?
Vice Mayor Plummer: The Parrot Jungle. What number is the Parrot Jungle?
Mr. Cesar Odio (City Manager): Twenty-five, I think.
Vice Mayor Plummer: Twenty-five, Mr. Mayor.
Mr. Odio: No, sorry, sorry, Make that 26.
Vice Mayor Plummer: What?
Mr. Odio: Twenty-six.
Vice Mayor Plummer: Twenty-six.
Mr. Odio: And 27.
Vice Mayor Plummer: Twenty-six and 27. Where is staff? Is staff here? Here they come.
They're running.
Mr. Jack Luft: Mr. Mayor, members of the Commission, ladies and gentlemen. The City issued
in May a Request for Proposals for a Unified Development Project on 17 acres of Watson Island.
We are seeking a botanical garden attraction to convert what is now an open space area
surrounding Japanese Gardens into a tropical garden with specialty attractions that are defined
by the subtropical environment. We've received one proposal from Parrot Jungle, Incorporated.
This proposal, which will be explained to you by the proposers themselves, is offering to
construct a twenty-six and a half million dollar project that will provide, under a 45-year lease a
minimum of two hundred thousand dollars a year base rent, which is what our CPA (Certified
Public Accountant) firm or, excuse me, our appraisers said was a minimum fair market value,
and five percent of gross revenues, whichever is greater. This particular proposal projects a third
year stabilized operating income, a minimum of ten million dollars ($10,000,000), which would
yield to the City approximately a half million dollars in revenues. The ad valorem taxes are
anticipated to be a quarter of a million dollars on a project of this size, in addition to whatever
base rent payments are made. The project will be required to provide all infrastructure
improvements for the island, with the exception of the sewer line that the City is now
constructing to the island, plus the water main that we're building from the mainland, and any
other additional grant monies that we can provide to offset general public improvements. With
that, I'll turn this over to the Parrot Jungle proposer, unless you have further questions of me.
33 September 28, 1995
Mayor Clark: Very good. All right, sir.
Mr. Bern Levine: Thank you, Mr. Mayor, Commissioners. My name is Bern Levine, and I'm
the president of Parrot Jungle Gardens, Inc. The first thing I would like to do today, if we have
about ten minutes, is show a video that basically shows the plan and what we would like to do
with Watson Island.
NOTE FOR THE RECORD: At this point, Mr. Levine makes a
video taped presentation to the Commission.
Vice Mayor Plummer: Oh, my God.
Unidentified Speaker: He wants to go up and say hi.
Vice Mayor Plummer: The hell you say. You keep him over there. Ha -ha-ha.
Mr. Levine: We just want everybody to realize that what we are going to do is natural and real,
and we're going to bring a lot of pride, we hope, to the citizens of Miami.
rn�:-'Mr. Mayor, if I may. Mr. Loft-, Mr. Luft, you know, that was a beautiful
Vice Mayor PINY v'
presentation, but of the criticism, one thing was not addressed in this video, and it should have
been, and I want you to put onto the record, because there are people who are very concerned
about the traffic on that thing. And you explain to whoever is watching, as you did to me, about
the right right turns.
Mr. Jack Luft: Yes, sir.
Vice Mayor Plummer: And I tell you, I take my hat off whoever developed that idea. It will
absolutely eliminate any bottlenecking on that causeway. Please.
Mayor Clark: When you go across the causeway, you get down to the entrance of Watson
Island. You go down by the old blimp place, you go around like this, you go under the
expressway, and you come right back into the Parrot Jungle. Is that right?
Mr. Luft: That's correct.
Mayor Clark: Now, leaving, you leave there, you come right out, you got to... You don't have
to cross traffic. That's the beauty of it all. No traffic lights.
Vice Mayor Plummer: That's it.
Mr. Luft: Yes, sir.
Vice Mayor Plummer: That wasn't on there.
Mayor Clark: No traffic lights. It's the most beautiful thing.
Commissioner Gort: Like the Port of Miami.
34 September 28, 1995
Mayor Clark: Because you... If you've ever had to cross at the two-way traffic on the
expressway there on the causeway, you understand, come down, go around, just come right over
to it.
Vice Mayor Plummer: Yeah.
Mayor. Clark: No traffic lights, a beautiful thing. Yes, we agree with you. All right, Jack? Is
that it, Jack?
Mr. Luft: That's it.
Mayor Clark: All right. Do we have persons wanting to discuss this? This is a proposal that's
been recommended, Jack, by your group, and...
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Can we ask Jack to explain the procedure that we follow in making the
selections?
Mr. Luft: Right. The... First, I would like to have the selection committee which was appointed
.by. the. Manager .and .this Commission to report... Philip Blumberg is chairperson of that
committee. They spent a great many hours reviewing this proposal in detail. They met three
times. And he will... He's here to give you his report.
Mayor Clark: All right. Let's have it. Yes, sir.
Mr. Philip Blumberg: To the Commission, I'm Philip Blumberg, 255 Alhambra Circle. It was a
pleasure for me to chair this selection committee, which was composed of myself, Bill Talbert,
Dave Hill, Mat Cicero, James Taylor, Albert Ruder, Enrique Nunez, Sharlene Adelman, Karen
Coplin-Cooper. We met on three occasions. We listened to the review and the proposal of the -
some of what you heard today - in deliberations which included rankings according to the
experience of the proposed entity, the capability of the development entity, financial capability,
the financial return to the City, overall design of the proposed development, management and
operational plan, a standard minority participation, and local firm participation. After those
considerations, this committee voted to recommend this proposal to you for referendum to the
public with an excellent rating. I'd like to state that we didn't have to go to excellent. We could
have taken acceptable, but after reviewing each of those criteria, we wholeheartedly recommend
this as an excellent proposal, one that will ensure the goals of the City, provide a financial return
to the City, transform an area that otherwise is not being used by the public, and provide us a
place for tourism and the local residents to enjoy.
Mayor Clark: Thank you.
Mr. Blumberg: I'm here available for comment.
Mayor Clark: Thank you, sir.
Mr. Blumberg: Thank you.
Vice Mayor Plummer: Mr. Mayor, I assume that it would be part of the record the one from...
Mayor Clark: From Chris Perks.
35 September 28, 1995
Vice Mayor Plummer: ... Greater Miami Convention and the Miami Chamber of Commerce is
part of the record.
Mayor Clark: Absolutely. OK. All right.
Mr. Luft: With that, we are recommending that you adopt the attached resolution accepting the
proposal for the botanical garden attraction from Parrot Jungle, Incorporated.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, I had the privilege of bringing this to the table many, many,
many months ago, and if it is in order at this time, with pleasure, I would like to make the
recommendation that we take this to the referendum of the public, who will make the final
decision.
Mayor Clark: First of all, J.L., we need to accept this proposal.
Vice Mayor Plummer: Oh, OK. Well...
Mayor Clark: That's in the next resolution.
Vice Mayor Plummer:..One or two. First, we accept their proposal.
Mayor Clark: All right.
Commissioner Gort: Second.
Mayor Clark: Seconded by Mr. Gort. Call the roll, Mr. Clerk, there being no discussion.
Mr. Walter Foeman (City Clerk): Roll call. Vice Mayor Plummer.
Vice Mayor Plummer: Yes.
Mr. Foeman: Commissioner Gort.
Commissioner Gort: Yes.
Mr. Foeman: Commissioner De Yurre.
Commissioner De Yurre: Before I vote on that, Mr. Mayor, I need to ask about the financial
aspect. Do you want to do it now, or do you want to do it later?
Mayor Clark: Say it now.
Commissioner De Yurre: OK. I was looking at the backup of the information, and the report
from the accounting firm of Jacomino, et al., and it broke down with a chart that said that even
though we're supposed to get minimum two hundred thousand dollars ($200,000) or five percent
of the gross, we, instead of getting more money that was projected, we would end up getting
only the two hundred thousand dollars ($200,000). In fact, we would lose one point seven,
approximately, million dollars in the first five years, because there's something about the
reimbursement of roadways and construction outside of the immediate leased area. And I've
heard information from... saying two different things, and for the record, I want to see exactly
what the scenario is, as far as the money is concerned.
36 September 28, 1995
Mr. Luft: Yes, sir. On page 19 of the RFP (Request for Proposals), it states categorically that all
responsibility, financial responsibility for infrastructure improvements to support this project is
the responsibility and the sole responsibility of the proposer. We recognize that, in particular,
roadway improvements on the island, and some of the utility infrastructure will, in fact, benefit
other tenants and users of the island. And to that extent, we had suggested that the City is
willing to apply for whatever Federal, or State, or local grants as may be available to assisting in
infrastructure development, and to defray some of those shared costs from the burden of this
particular proposer. But we underscored the fact that in the event the City is unable to obtain
those grants and provide that financial assistance, the final cost will fall upon the proposer. The
proposer, in recognition of that intention by the City to seek additional funds, did suggest in the
financial structure that if they were going to front the cost for this project, to get it started, and
we were able to obtain those additional revenues, they would deduct it from their rent. Our
opinion is, is that it is their liability and their cost, unless we can contribute the grant funds.
Commissioner De Yurre: But the bottom line is, we will get our five percent of the gross, or two
hundred thousand, whichever is greater...
Mr. Luft: Yes.
Commissioner De Yurre: ... from year one.
Yes, sir... We. must get no less than fair market value for this property bylaw.
Commissioner De Yurre: OK. Mr. City Manager, do you know of anything, any infrastructure,
public works project, anything, that is going to be done, aside from what we're talking about
here, as a direct consequence of Parrot Jungle?
Mr. Odio: No, sir.
Commissioner De Yurre: Nothing at all?
Mr. Odio: Whatever work is doing... We came to you a while back on the storm sewers. We're
doing that, the water lines, we're doing that, prior to going out on the RFP. Outside of that,
that's their responsibility.
Commissioner De Yurre: OK. Thank you.
Vice Mayor Plummer: Mr. Mayor, if I may, I think it's important to add...
Mayor Clark: Hold, just a minute, J.L. Mr. Dawkins.
Vice Mayor Plummer: Oh, I'm sorry.
Commissioner Dawkins: Mr. Luft says minority participation. Now, what I see is, minority
contractor, C.W. Construction, and design teams, Spillis and Candela, as well as extensive
minority employment programs. What does that mean?
Mayor Clark: Well, I was down there last Sunday - excuse me, not to give you an answer - but I
would say that 90 percent of the help, or the people working there were minorities.
Commissioner Dawkins: What about ninety... What about... What percentage of ownership?
Vice Mayor Plummer: I don't know about ownership.
37 September 28, 1995
__ J
Commissioner Dawkins: You see, we can always work on the plantation, but we can't own none
of the plantations. OK?
Mayor Clark: I gotcha. Let's find out.
Commissioner Dawkins: All right. Well, let's find out what part of the plantation we can own.
I don't just need to work on the plantation.
Mr. Levine: Mr. Dawkins, I'm the sole owner of the corporation.
Commissioner Dawkins: All right, sir, a sole owner.
Mr. Levine: We have at the present time at Parrot Jungle over 85 percent of our people that are
there are minorities, and if we get the opportunity to come down to the City of Miami, we expect
to employ another 120 people, and we hope that we will get the opportunity to involve lots of
other persons that in Pinecrest we have not had the ability to do.
Commissioner Dawkins: OK, wonderful. Then I can take that to mean that in the event that
there are any...
Mr. Levine: We will have some subleases, and we will have opportunities that we hope that will
encourage lots of participation in - excuse me. . W -
Commissioner Dawkins: OK, well, that's what I wanted to hear. Thank you, sir.
Mr. Levine: Yes, sir.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, I'd just like to put on the record, I think that it's important
that the two boating clubs will work and stay in harmony with this project...
Mayor Clark: Absolutely.
Vice Mayor Plummer: ... as well as the boating ramp to the public will, likewise, still be
available to the public once this facility is built and completed.
Mayor Clark: That's true.
Commissioner Gort: Mr. Mayor, also, to add to the finance, my understanding is we have the
minimum guarantee of two hundred and seventy thousand dollars ($270,000). At the same time,
we have ad valorem taxes for two hundred and fifty thousand dollars ($250,000), and also, the
City will be saving money by not providing whatever Parks Department services are being
provided.
Mr. Luft: Between one hundred and two hundred thousand a year.
Commissioner Gort: OK. Thank you.
Vice Mayor Plummer: The developer is fully aware that another approval from the State
Cabinet is mandatory.
Mr. Luft: Correct, sir.
38 September 28, 1995
Mayor Clark: All right.
Vice Mayor Plummer: I've done that before.
Mayor Clark: Call the roll, Mr. Clerk.
Mr. Odio: I just wanted to put on the record before you call that, that I think that we have
learned from the past experiences that we have had, that we have awarded projects, and they
didn't come to fruition, and we had to take the property back. We can assure the public of
Miami - and they're going to be voting on this project - that they're putting up a performance
bond up front of twenty-six and a half million dollars. What that means is, if they don't come
through and start building when they have to, we can finish the job for them. We can actually
take over. So it is important that everybody understands that this is something that will happen
because of the demand of the performance bond up front.
Mayor Clark: Very good.
Vice Mayor Plummer: Thank you, Mr. Manager, and you just brought up another one of the
lawsuits that I went through, Mr. Mayor, previously. Is there a drop dead date? They must be in
with permits or ground by "X" date, whatever that date is. I'm not trying to...
..... ....... . Mr. Luft: Twenty-four months from the execution of.the lease...
Vice Mayor Plummer: That's in there.
Mr. Luft: ... with the proviso that if a Development of Regional Impact is required, we can
renegotiate that timetable, subject to State review procedures.
Vice Mayor Plummer: OK.
Mr. Luft: OK?
Vice Mayor Plummer: I didn't want to be... You know, what's happened on Watson Island
before was, we never put in an amen date, and we went - I went to court many times on just that
issue.
Mr. Luft: Right.
Vice Mayor Plummer: Thank you.
Mayor Clark: Call the roll, Mr. Clerk.
39 September 28, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-676
A RESOLUTION ACCEPTING THE PROPOSAL SUBMITTED BY PARROT
JUNGLE AND GARDEN, INC. FOR THE UNIFIED DEVELOPMENT OF A
BOTANICAL GARDEN ATTRACTION AND ANCILLARY ENTERTAINMENT
AND RETAIL SERVICE FACILITIES, ON APPROXIMATELY 18.6 ACRES OF
CITY -OWNED PROPERTY LOCATED ON WATSON ISLAND; AUTHORIZING
AND DIRECTING THE CITY MANAGER TO NEGOTIATE A LEASE
AGREEMENT WITH SAID PROPOSER, SAID AGREEMENT TO BE IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, TO BE IN COMPLIANCE WITH
APPLICABLE CITY CHARTER AND CODE PROVISIONS, TO BE SUBJECT TO
FINAL APPROVAL OF THE CITY COMMISSION AND TO INCLUDE CERTAIN
TERMS AND CONDITIONS MORE PARTICULARLY DESCRIBED HEREIN;
FURTHER PROVIDING THAT THE HEREIN SELECTION OF PARROT JUNGLE
AND GARDEN, INC. AS THE SUCCESSFUL PROPOSER DOES NOT CONFER
ANY CONTRACTUAL RIGHTS UPON SAID PROPOSER UNLESS AND UNTIL
THERE HAS BEEN A FAVORABLE VOTE BY THE ELECTORATE AS REQUIRED
BY CITY CHARTER SECTION 29-C AND THE PROPOSED AGREEMENT HAS
BEEN EXECUTED BY THE CITY OF MIAMI; FURTHER PROVIDING THAT IN
THE EVENT. AN AGREEMENT WHICH IS_ FAIR AND REASONABLE TO THE
CITY CANNOT BE REACHED, THE CITY MANAGER MAY DISCONTINUE
NEGOTIATIONS AND THIS SELECTION PROCESS SHALL TERMINATE
WITHOUT FINANCIAL OR LEGAL LIABILITY TO THE CITY.
(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.
40 September 28, 1995
----------------------------------------------------------------------------------------------------------------
11. CALL SPECIAL MUNICIPAL ELECTION NOVEMBER 7, 1995 -- TO
SUBMIT EXECUTION OF LEASE AGREEMENT BETWEEN THE CITY
AND PARROT JUNGLE AND GARDENS, INC. -- FOR DEVELOPMENT /
OPERATION OF A BOTANICAL . GARDEN ATTRACTION AND
ANCILLARY ENTERTAINMENT / RETAIL FACILITIES ON WATSON
ISLAND.
Mayor Clark: On item number 25, calling for a special election...
Mr. Odio: Mr. Mayor, you need to move 27 so we can place it on the ballot.
Vice Mayor Plummer: I move it.
Commissioner Gort: Second.
Mayor Clark: That's what I'm working on. Item 27, for the special election, 27.
i
j __...-...._..__..._Vice.May-or P.lummer:._Yes, sir. _._ _...
Mayor Clark: All right. Moved and seconded. No further discussion, call the roll.
Mr. Walter Foeman (City Clerk): Mr. Mayor, excuse me.
i
i Commissioner Dawkins: You don't need to read the resolution?
Mayor Clark: No.
Mr. Foeman: Mr. Mayor, I think we should put a modification on item 27 regarding the
direction to the Clerk to advertise the polling places. That's not a requirement under the State
statutes. It's only as it relates to the Supervisor of Elections.
Mayor Clark: All right, sir. Let's include it in the resolution.
_ - _ - 41 September 28, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-677
A RESOLUTION, WITH ATTACHMENT, CALLING AND PROVIDING FOR A
SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 7, 1995, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL, THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND PARROT
JUNGLE AND GARDENS, INC. FOR THE DEVELOPMENT AND OPERATION OF
A BOTANICAL GARDEN ATTRACTION AND ANCILLARY ENTERTAINMENT
AND RETAIL FACILITIES ON APPROXIMATELY 18.6 ACRES OF CITY -OWNED
WATERFRONT PROPERTY LOCATED ON WATSON ISLAND, MIAMI, FLORIDA,
FOR A TERM OF 45 YEARS WITH ONE 15-YEAR RENEWAL OPTION, SUBJECT
TO SAID FIRM MAKING A CAPITAL INVESTMENT IN SAID PROPERTY OF
NOT LESS THAN $3,000,000, PAYING TO THE CITY A MINIMUM ANNUAL
RENT OF NOT LESS THAN $200,000 AND SUBJECT TO SUCH ADDITIONAL
CONDITIONS AS MAY BE REQUIRED BY THE CITY; DESIGNATING AND
APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE
_ CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION
r k i .., r T , $(jO�' AI�)'�IRECORDS; FURTHER DIR���I:ING THE CITY CLERK TO CAUSE A
r _ - CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE
SUPERVISOR —OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA,
AS REQUIRED BY LAW.
(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
i Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-- -------------------------------------------------------------------------------------------------------------
12. ACCEPT PROPOSAL SUBMITTED BY VIRGINIA KEY CAMPGROUND,
LTD. -- FOR UNIFIED DEVELOPMENT OF A CAMPGROUND AND
RELATED RECREATIONAL / RETAIL FACILITIES ON VIRGINIA KEY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: We're breaking through, and finally, something is happening. All right. Thank
you all very much.
(APPLAUSE)
42 September 28, 1995
Vice Mayor Plummer: We'll go back to 24 now?
Commissioner Gort: No, 12.
Vice Mayor Plummer: Oh, that's fine, whatever you want.
Mayor Clark: All right, let's go. Now, we're going to go to item number 20...
Commissioner Gort: Is it 12?
Mayor Clark: Twenty-four.
Ms. Diane Johnson: Twenty-four.
Mayor Clark: We're right in the spirit, so let's continue on.
Ms. Johnson: Good afternoon. I'm Diane Johnson with the...
Mayor Clark: Folks, we've got a lot to do here, so leave quietly, please.
Ms. Johnson: I'm Diane Johnson with the Department of Community Planning and
Revitalization. We're here for item 24 and item 25. They're related items. Item 24 would be
the acceptance of the proposal from Virginia Key Campgrounds, Limited for the development of
a recreational campground on 153.8 acres of land, City -owned land on Virginia Key. The
proposer has submitted a proposal that we've found was reviewed by a review committee, and an
independent certified public accounting firm. It's been recommended by the City Manager for
acceptance. The term of the lease would be for 45 years. The proposer has offered capital
investment in the property of improvements valued at twelve million ninety-seven thousand
dollars ($12,097,000). They have complied with our request for a minimum annual guaranteed
rent of three hundred thousand dollars ($300,000) per year or seven percent of gross receipts,
whatever is greater. They estimate that in full operation, they would be paying the City in excess
of four hundred thousand dollars ($400,000) per year, based on their revenue projections. They
estimate, again, that they will be paying ad valorem taxes in excess of two hundred and thirty
thousand dollars ($230,000) per year. We have the proposer here, who is willing to make a
presentation at this time on the full scope of his project.
Vice Mayor Plummer: I have a question.
Mayor Clark:
Do we have a video?
Ms. Johnson:
No.
Mayor Clark:
All right.
Ms. Johnson:
This is the... This is a low budget presentation here.
Vice Mayor Plummer: Well, I think...
Ms. Johnson:
Tough act to follow, guys.
43 September 28, 1995
R
Vice Mayor Plummer: I think that it's important... I think it's important you put on the record
what you told me, and that is that it will relieve the City of a maintenance problem in the amount
of approximately...
Mr. Cesar Odio (City Manager): Two hundred and fifty thousand, close to two -fifty.
Vice Mayor Plummer: OK. So that would be added to basically...
Mr. Odio: Well, it's... You have a net revenue now coming from the place instead of a loss.
Mayor Clark: It's a win/win, no doubt about it.
Mr. Odio: Win/win.
Ms. Johnson: It's another win/win.
Vice Mayor Plummer: Yeah. But what I'm saying, Mr. Mayor, is not only do you have the
minimum annual guarantee, you also have the City relieved of the maintenance of that area,
which would actually be a plus item.
Mr. Odio: Let me say this in the spirit of good neighbors. We asked - since they met before you
did, and I didn't want to do it, but I thought it was better - we went to the Key Biscayne Village
Council and made. a full presentation. It lasted for an hour and ten minutes. We didn't ask them
to approve or disapprove. We just wanted them to know what was going to happen at their
doorstep. This is an environmentally sensitive project. I have learned a lot since I reviewed the
proposed recommendation - project, I mean. We learned that there are 27,000 registered RVs
(recreational vehicles) from Palm Beach down to the Keys, and this place will only house about
two hundred and some. There are some camps now - Fiesta Camp, I believe it is, in the Keys -
that have lotteries to rent space way ahead of time. This is a project that is exciting. It's a
landmark project, I believe, because it fits into the environment there, something that we finally
get both ways, use for our property and yet, the public will still have access to the beaches, like
they do now. So I am very excited about this project, just like I am about Watson, and maybe
the architect can take you through the four sections of this camp.
Mayor Clark: All right. Let's...
Commissioner Dawkins: Mr. Mayor.
Ms. Johnson: I'd like to introduce...
Mayor Clark: Just a moment. Just a moment. Commissioner Dawkins has the floor.
Ms. Johnson: Yes.
Commissioner Dawkins: Yeah. I heard someone... I heard J.L. say that it will be a net savings
of two hundred and what, J.L.?
Vice Mayor Plummer: The Manager said... how much?
Mr. Odio: We spend two hundred and fifty thousand dollars in maintenance and personnel of
the...
Commissioner Dawkins: You're maintaining it, and the personnel maintain it for whom?
44 September 28, 1995
_1
Mr. Odio: For the public beach area.
Commissioner Dawkins: For the public.
Vice Mayor Plummer: Right now.
Commissioner Dawkins: So therefore, the public will be denied the right to this property. So
therefore, you do not have a net gain of two hundred. You bought the citizens out for two
hundred.
Mr. Odio: I need to repeat what I said just a few minutes ago, Commissioner.
Commissioner Dawkins: No, no. I'm talking about what the... Uh-uh. I'm talking about what
J.L. said.
Mr. Odio: Well, but I... Let me repeat what I said. What I said is that this is an environmentally
sensitive project that will enhance the area. It will produce revenues, and at the same time, will
maintain the public beach areas, just like they are now, with... The only exception is that it is at
their expense and not ours. But the beach area and the area around where they're parking and so
forth...
Mayor Clark: It's maintained.
Commissioner Dawkins: All of the beach area will be retained.
Ms. Johnson: That is correct.
Mr. Odio: It will be open to the public.
Commissioner Dawkins: All of the beach area will be retained.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Yes.
Mr. Odio: And I would like... Maybe we should have heard the architect's and the owner's
presentation first.
Commissioner Dawkins: OK. Well, let me ask this question and then I'll be finished. Who is
John Chappelear?
Mr. John Chappelear: Right here.
Mr. Johnson: Chappelear.
Commissioner Dawkins: All right, let's see. OK. Who is Patrick Sessions?
Mr. Patrick Sessions: Right here.
Commissioner Dawkins: OK. Who is James Smith?
Mr. Wendall Collins: He's absent today. He's out of town.
Commissioner Dawkins: Sir?
45 September 28, 1995
L
Mr. Collins: He's sick... out of town today.
Commissioner Dawkins: He got three percent. Who is he? Where does he live, and where does
he come from?
Mr. Collins: He's originally from Miami. He's living in Stuart, Florida right now.
Commissioner Dawkins: Stuart?
Mr. Collins: Yes, sir.
Commissioner Dawkins: OK. Is either one of these black?
Mr. Collins: No, sir.
Commissioner Dawkins: OK. Let's go over minority participation services. Sharpton and
Brunson, Argus Construction. When it's built, they're gone. Spillis, Candela and Partners, an
architect. When they get through drawing, they're gone. Campanille and Associates, engineers.
When the building is finished, they are gone. Again, how will we own part of the plantation?
Mr. Collins: For the record, my name is Wendall Collins. I'm the planning coordinator for the
campground that's being presented today. To answer your question very specifically, yes, we'll
have job opportunities, but that's not what we're here for. We're going to have business
opportunities that already have started to come in. Once we open the gates and we get past
today, hopefully, and the vote, then we'll have opportunities, business opportunities, that could
be useful. We have restaurants, we have concessions, we have a lot of opportunities, and they're
already starting to approach us now, even though we have not been confirmed. That's our
promise to you.
Commissioner Dawkins: OK. All right. Put it in writing that this Commission pass... It doesn't
mean anything when this Commission passes it, now. I want you to understand that. OK?
Because this Commission passed legislation that Bayside should always have black ownership,
and this Commission allowed Bayside to get rid of the black, so therefore, it doesn't mean
anything if we pass it, but please, put it up here and let us pass it.
Mr. Collins: Understood.
Commissioner Dawkins: OK.
Mayor Clark: All right. Do we need... We've gone through this thing...
Mr. Odio: I want to also put on the record that they will be placing a twelve million dollar
($12,000,000) performance bond up front, that if they do not go through with their plans, we will
do it.
Mayor Clark: All right.
Vice Mayor Plummer: Again, is there a drop dead date for this project?
Mr. Odio: It will be spelled out clearly.
Ms. Johnson: Once again, it's 24 months from the date of the execution of the contract with the
allowance for permitting. Twenty-four months from construction till opening.
46 September 28, 1995
Vice Mayor Plummer: Twenty-four months from construction. OK. All right. Well, the point,
very simply, is, I'm sure that they want to get underway as soon as possible.
Ms Johnson: Absolutely.
Vice Mayor Plummer: What are we looking at, realistically. If it's approved on November the
7th by the voters. When would we look to the day when the ribbon is cut?
Ms. Johnson: Anticipate December of 1997.
Vice Mayor Plummer: Thank you.
Mayor Clark: All right. Let's have...
Ms. Johnson: At this point, would you like a presentation of the project?
Mayor Clark: If my colleagues do, fine. I know about the project.
Vice Mayor Plummer: I've already seen the presentation.
Commissioner De Yurre: Mr. Mayor, I need to...
Mr. Odio: But I think most of the public has not. Maybe it would be an opportunity...
Mayor Clark: Go ahead.
Vice Mayor Plummer: Fine.
Mayor Clark: Go ahead. Let's go through it.
Ms. Johnson: I think I'd like to do that. Mr. Collins...
Commissioner De Yurre: Mr. Mayor, if I may, before we get into that, to finish up on
Commissioner Dawkin's point about minority participation. What is the situation at Bayside?
How do we police that?
Mr. Odio: They have... We have a board that you maintain to review minority participation at
Bayside, and they keep an eye on the performance and so forth.
Commissioner De Yurre: Who appoints that board?
Mr. Odio: I believe you do.
Commissioner De Yurre: We do.
Mr. Odio: Yes.
Commissioner De Yurre: OK. Could we extend the terms that we have with Bayside, as far as
minority participation in the business opportunities that are going to be taking place there to
apply the same rules and conditions to this development...
Mr. Odio: Of course.
47 September 28, 1995
Commissioner De Yurre: ... and extend the powers of that board to oversee the implementation
of this project?
Mr. Odio: They are advisory in nature, so I don't know if...
Ms. Linda Kearson (Assistant City Attorney): We would recommend that you have a separate
board just for this project, and I guess Watson Island, as well. Bayside Board was a part of, I
think, the presentation and the contract, itself, very limited.
Mr. Odio: But we can... We can also do it with... through the contract, and make sure that it's
spelled out clearly what they... If the voters approve, we have to bring a contract back to you,
that it's clearly spelled out what they are going to do, as far as minorities, and they have to live
up to that, or they have a default clause...
Commissioner De Yurre: Well, but I want to know now what they plan to do with minorities. I
don't want to know later.
Mr. Odio: Well, they can... I... In my... The first thing I asked them when they made a
presentation - they will tell you that - is, "Where are the minorities?" because I happen to know
what's going to happen here, and - I think - and they are telling you business opportunities is the
restaurant, the trading post...
.. _........ _... Mr. Collins:. The concessions. 0.. . ..-
Mr. Odio: ... the concessions, et cetera. So it is clear that they will have to, before the contract is
executed, to comply with your request of minority participation in the business areas.
Commissioner De Yurre: OK. So what's the percentage that we can expect?
Mayor Clark: Well, that would be a percentage, you can't...
Mr. Collins: I would say probably somewhere in the neighborhood of 30 percent. And let me
add... Let me put it this way. Today, John and I were called for some Cuban -American firm that
wanted to work in the area of wind surfing, and obviously, we'd love to have them out there.
These are the kind of things that we want to see the public getting involved with, minorities
getting involved with. There are going to be a tremendous amount of business opportunities in
this project, and we're going to encourage that. And we'd like them to come in. Unfortunately,
we have not been able to, due to the process. We have to get through the process. And it's my
promise to you, we'll sit down and talk about it, and we'll get it done for you.
Commissioner De Yurre: OK. Well, let me ask, what is the minority participation at Bayside?
Mr. Odio: I don't remember. I have to look up... I have to look it up. I... I... It's been a long
time.
Mayor Clark: All right, let's hear from the proposer.
Mr. Odio: You remember?
Mr. Luft: Fifteen percent.
Mr. Odio: Fifteen percent?
Ms. Johnson: Fifteen percent.
48 September 28, 1995
Mr. Odio: He says... Jack says 15, 15 percent. But I remember, what I can tell you, I remember
the minority owners by name, and what they owned. I also know that the minority owners of
Bayside had to come up... I know of three owners that have had to - including Garth Reeves,
Armando Codina, Natan Rok, et cetera...
Commissioner De Yurre: No, but I'm talking about the businesses, the percentage... no.
Mr. Odio: Those are... Those are... No, those are owners, percentage owners of the Bayside
Limited Incorporation.
Commissioner De Yurre: No. I'm talking about the businesses. How many businesses there are
owned by minorities? There was a percentage...
Mr. Odio: Yes.
Commissioner De Yurre: ... that was in place. What was that?
Mr. Odio: I just don't remember that. There are many... I have to look that up.
Commissioner De Yurre: How much?
. Mr. Odio: Fifty-one percent.
Commissioner De Yurre: Fifty-one percent.
Mr. Odio: OK.
Commissioner De Yurre: So that's what I'm looking for, a 51 percent commitment for
minorities of all the peripherals businesses that are going to be there.
Vice Mayor Plummer: At Bayside? Huh?
Ms. Johnson: There's...
Mr. Odio: What he's talking about... What they're talking about is...
Ms. Johnson: ... different...
Mr. Odio: ... number of businesses.
Ms. Johnson: Yeah. This... There are not going to be that level of different establishments
involved in this kind of an operation. You've got some wind surfing concessions, you've got a
couple of restaurant and food service concessions...
Commissioner Dawkins: But if you own 41 percent - Mr. Hertz owns 41 percent, non -managing
general partner, Flazim Corporation owns 24 percent, John Chappelear owns ten percent, David
Hill owns 17 percent, Patrick Sessions owns two percent, James Smith owns three percent,
Virginia Key Eco-Camping owns three percent. This is all of the money that will be generated
for the owners. You can't give 41 percent of the sales, 51 percent of the business that you're
going to sell? That's all we're asking. I mean, I think that's what Commissioner De Yurre is
asking.
49 September 28, 1995
Commissioner De Yurre: No, what I want is that if there are going to be shops there, if there's
j going to be sales, concessions, trading post, a wind surfing thing, that we have a commitment -
I voluntarily, of course - of 51 percent going to minorities.
Ms. Johnson. We... As a goal, I think that is something that we can work towards.
Mayor Clark: That's the goal. Let's see what happens.
Mr. Luft: You know, I don't think anyone can control who's going to come forward to offer to
do this, but I believe that if they... If we have 50 percent of the opportunities here, represented
by applicants for that, and they are viable operators, that we can ask for that as a commitment.
Commissioner Dawkins: If you do not have 51 percent, I'll tell you up front, when you go for
the referendum, I'll be in the streets telling people it's unfair, and vote the referendum down. I
will be doing that.
Mayor Clark: Don't do that.
Commissioner Dawkins: Now, I will work with you if you come up with me and tell me that,
hey, yes, you are correct. You know, it is time that we share the pie, and you got it, and L. And
the guys I've been talking with... What's the gentleman's name with the red hair? He sat down
and told me the same thing I'm saying. He said, we need to provide business opportunities. He
..._ . __....... __.._.__.... said that, so I believe him. But there again, I've been here long enough to know, sir, if we don't
put it in writing, it doesn't happen.
Mayor Clark: OK.
Mr. Collins: Commissioner Dawkins, this is our goal. Unfortunately, we do not have a lease
now. OK? We're working towards that, and I really would say to you, we're going to offer
what we have and try to attain that goal of 51 percent. That's our objective, along with whatever
that you and I can sit down and talk about.
Mayor Clark: That's on the record. It's on the record. All right. Do we have further
examination, further questions on this item? I think we know what it's all about. We've been
through it two or three times. You want more direction?
Commissioner De Yurre: I'm ready to vote on it.
Mayor Clark: Hold it.
Commissioner De Yurre: It will come back to us anyway with the lease.
Vice Mayor Plummer: Well, what L.
Ms. Johnson: That's correct.
Vice Mayor Plummer: I would like for the record, Mr. Mayor, in the same vein that we did with
the Parrot Jungle, if the person who is the chairman of the board that reviewed it is here, I think
he should go on the record and state for the record exactly the findings of the committee that we
asked to evaluate it.
Mayor Clark: Let's hear from him right here. Let's hear from him.
Ms. Johnson: Certainly. The Chairman of the committee is Mr. Don Chinquina
50 September 28, 1995
Mayor Clark: Yes, sir.
Mr. Don Chinquina: Mr. Mayor and Commissioners, my name is Don Chinquina. I'm the
chairman of the review committee. We met three times, and I would like to go on the record to
start off, my fellow committee members would like to bring the attention that we really would
have required or could have used a little more time to fully evaluate this proposal. We basically
had three half days. We turned one of those half days into a full day. We could have certainly
used a little more time, and the committee felt that it really wasn't fair to them, nor was it fair to
the proposer to try to rush through the job, so that's just something to consider on future
proposals. We went through it in detail, and we identified a number of strengths. We identified
a number of weaknesses. Our voting procedure was simply one of a simple majority viewed this
project as acceptable, and then we decided to go for a second phase, and go for a two-thirds vote
to say that there was an exceptional project. And we found that this was not an exceptional
project. We found it to be simply acceptable. The biggest weakness that we found was the lack
of a marketing plan and financial analysis, and that was in view of the CPA's report where he
told us that some of the numbers were a little bit higher than what he found in analyzing other
campgrounds. They specifically said the calculated revenues appeared high, the vacancy rates
appeared low, operating revenue seemed low, and development cost for sites were higher than
the industry average. We did not hear anything to say otherwise, except to say that this could, in
fact, be a better mousetrap, in the sense that it wasn't your typical campground. And that's about
all that we had to go on, and I think that was the biggest reason why we found this to be
acceptable, as opposed to exceptional. Regarding.ariy..other concerns that we found that we put
in the form of our recommendation to be included, we ask that a broad range of community
groups be involved in the further development of the campground to identify some of the
weaknesses that we found. One thing we found was an extreme strength was Mr. Stanley
Selengut's involvement, and the committee said that... requested that his involvement be
maintained at all cost. We found his part to be truly exceptional. And the City of Miami shall
closely monitor the development and operation of the campground and all facilities during the
entire term of the lease. We requested that prior to the execution of the lease that the proposer
should prepare and present to the City a detailed market analysis and program for the project,
specifically addressing the local urban market segment, because we understood that that was
going to be a large part of the customer base. We'd like to see where that would come from.
We ask that the proposer shall prepare and present to the City a detailed traffic study for project
prior to issuance of permits. And recognizing that the proposal, as written, presents a minimal
risk to the City, the proposer and the City shall conduct all due diligence on a timely basis to
guard against any future failure of the proposed development. And I think that was the thing that
swung us back in the direction of calling it an acceptable campground, is that there seemed to be
relative minimal risk to the City, and the fact that the maintenance cost would be relieved of the
City, and also that in the event that the development should fail, you would still have a fully
operational campground that could be turned over...
Mr. Odio: Mr. Mayor, if I may, sir, can I ask you that... I would like the architect to take five
minutes and explain the project to the public, since they are going to have to be voting on this.
Mayor Clark: Let the architect... Let's do it right now, five minutes. Where is he?
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I would like for you to explain to the public uses, how they are going to
stay and how they're going to be maintained, please, because I think that's one of the biggest
oppositions that we have. A lot of people thought they were going to lose the public use.
51 September 28, 1995
Mr. Thorn Grafton: Can everyone hear me? Now, excellent. It doesn't sound like me. My
name is Thorn Grafton. I'm an architect. I have my office in Miami near Brickell Avenue, and I
live in Coconut Grove.
Mayor Clark: If you're going to do that, turn the map around and show it to the public.
Mr. Grafton: OK.
Mayor Clark: Yeah. Now, just put it on the easel, turn it around. All right. Now we got the
camera on it. Go right ahead.
Mr. Grafton: OK. Thank you. Mr. Mayor and Commissioners, I would like to just very briefly
explain that I am the architect for the project, although this has been a great bit of team work and
overall collaboration between other design professionals who are here in the room. Rhett Roy is
the landscape architect and site planner. He's here, as well. And we have an environmental
specialist, Albert Will, who is a teacher and environmental planner, and landscape architect who
will be involved in the project as well. I am... And other things that I do, I am also the president
of the Marjory Stillman Douglas Biscayne Nature Center. I've been working on that project for
eight years to build a nature center on Key Biscayne. I've done architectural work for Sea
Camp, and other marine oriented projects. And I really like to think of myself as a very strong
environmentalist, and so I'm trying to bring as much of that kind of conscience to the project as
_ possible, and .I'_.m_getting great reception from the owners of the project and the developers. This _.........
is a new type of campground. There's no real prototype for this. It's... The type of project the
City wanted is all things to all people, and indeed, we have something for all segments of the
camping population, in addition to the general public. I'll start to go through those right now.
First of all, at this end of the project, we... this is the part of Virginia Key where the main
entrance road is, off of Crandon Boulevard, at this point. You have the National Marine
Fisheries lab here, and the big open area, which is not part of the property, where there's some
future fish ponds are slated in that area, wetlands and so on. So the most disturbed areas of the
site, if we could just show another board... This is today. This shows the major disturbed areas
of the site, and this is where we have... most of the intensive activity of the RVs are located in
this area. We have a central access and entrance here. This is the general store and checkin that
was talked about. This will be open to the public. This is the clubhouse area and swimming
pool. We have camping cabins which will be grouped in clusters and very historically inspired
designs, so we have somewhere between 100 and 150, depending on the exact number of the
RVs, in terms of whether they end up in the 250 to 275 neighborhood of RVs. This is a
conceptual plan, so we're still open to talking to the community groups about the details of how
this works out, but we feel that we have a good conceptual plan. And this is the main density in
the disturbed areas. The heart of the site is restoring 14 acres of coastal strand hammock where
there exists only four acres now that's in good shape, and we will do this through the feasibility
of the project, and in working with community groups. We have access to the beachfront
parking, we have expanded beachfront parking, so the public will still be able to come in and use
the public beach. In fact, the entire 8600 linear feet of public beach will be available, of course,
because of riparian rights. That is the public's right to use that entire beach. We have at this
end, will be predominantly Stanley Selengut's focus of his eco-tent development. We are going
to be using his philosophy of sustainable development and recycled materials throughout our
entire campground, all of the built elements. So really, his environmental conscience and
sustainable development was what Don Chinquina was referring to that really inspired the entire
team and everyone who has seen the project so far, and he does have videos. When we have the
opportunity, we'll show a couple of his videos of his Maho Bay project in the Virgin Islands.
It's spectacular - not quite so spectacular now after the hurricane, but it didn't sustain total
damage. He's going to be back up in operation in about a month and a half. Finally, I just
wanted to end on a real jewel part of the project to me, and that is this opportunity for a resident
52 September 28, 1995
group campground in the middle here, adjacent to this part of the swimming beach. And that's
really modelled after a mini -sea camp. We really imagined the disenfranchised, underprivileged,
all kind of youth groups, community groups can plug into this resident group camp area here,
which will be very low scale, and a marvelous place modelled on early historic architecture of
South Florida, a wood frame design, using the recycled materials which I have in that bag there,
but I don't really want to take the time to go into it too much. Just suffice it to say that we'll try
to use the maximum amount of solar energy and recycled materials in the project. So questions,
I guess, are at your discretion.
Mr. Odio: The area of the Lagoon will stay in tact, and where Jimbo's is, so that it will stay just
like it is, so that won't be messed up.
'Vice Mayor Plummer: Mr....
Mayor Clark: All right. I think somebody wants to...
Vice Mayor Plummer: ... speak over there, I think.
Mayor Clark: Yes, on this side. Give us your name for the record.
Mr. Michael Goldstein: My name is Michael Goldstein. I live at 2880 Seminole Street in
Coconut Grove.
Mayor Clark: Yes, sir.
Mr. Goldstein: I hate to dump some cold water on such civic enthusiasm, but I think I'm going
to today. I have reviewed the response to the RFP and the ancillary documents, and have grave
concerns about the scope of the project, its components, the adverse effects on the environment,
and on endangered and threatened species. They are too numerous to go into here in detail, and
this is not the best forum to raise or contest these issues. So today, I would put the City and its
respondent and any future respondent on notice that should a proposal be accepted, I intend to
fight every permit that is needed - and there are many - in each and every forum - before the
Department of Environmental Protection, the Corps of Engineers, before DERM (Department of
Environmental Resource Management), and before EPA (Environmental Protection Agency), in
State court, in Federal court, and before State and Federal Administrative Law Judges. That
said, there is one issue that is appropriate to discuss here today at greater length, and that is the
continuing commercialization of our public parklands, a shortsighted endeavor that cheats the
City and its citizens by surrendering irreplaceable natural resources to commercial development.
Equally disturbing and problematical for any respondent who is awarded a lease on Virginia Key
are the ramifications for public access. Even a cursory review of this particular response to the
RFP reflects that public access for nonpaying citizens will be severely curtailed, if not
constructively denied all together. For example, my reading of the documents indicates that
anyone attempting to use the beach will be processed through a guardhouse. I'm not quite sure
what "processed" means. It sounds rather Orwellian, and the term is undefined. Be that as it
may, both State and City conveyances contain reverter clauses that are arguably triggered for
reasons related to private commercial use, and argue that, I will. If this proposal is accepted, I
will go after the reverter clauses at Metro and in Tallahassee. I also will point out that the dean
of land use and zoning law in this City, your former City Attorney, told you on July 13, 1995,
that you are going to have a serious problem with the reverter clause. Do not gloss over this sage
advice. Finally, in closing, I would note that in the sewage treatment plant, in the landfill, there
are already two toilets on Virginia Key. There is symmetry here, I suppose, and I applaud the
consistency. In speaking of the landfill, no one really knows what is out there, what is leeching
into the bay, although one might surmise that, like many other municipalities around the country,
this City may be the proud owner of a toxic waste dump. In any event, in my opinion, it's all
53 September 28, 1995
toxic -- the dump, this project, and the concept of selling off our public trust, our dwindling and
threatened natural resources to private interests. Commissioners, I beseech you to reject this
proposal, if not for anything else, then for your children and your grandchildren, who deserve to
have unfettered access and exposure to the ocean, to open green areas, and tropical hammocks,
and to nature's endangered and threatened wonders that we are blessed to have with us here in
our urban and overdeveloped City. Thank you.
Mayor Clark: Thank you for your comments.
Mr. Odio: Mr. Mayor, as far as...
Mayor Clark: No, no comments.
Mr. Odio: No? OK. I wasn't going to answer him, but...
Mayor Clark: Let's hear from this gentleman.
Mr. dim McMaster: Jim McMaster, 2940 Southwest 30th Court. As far as the public access
issue, I'd like to put that to rest. The documentation that the applicant has provided the City
talks about two guardhouses. The other guardhouse to the north, quote: "One officer will be
located in the other four foot -by -six foot security shack, which will be used strictly for
processing visitors who request entry to the Virginia Key public beach." They go on to say that,
fee system_for.incoming vehicles will be set up._'.........
Vice Mayor Plummer: Which is there now.
Mr. McMaster: Also, on these diagrams, it doesn't show it, but in some of the paperwork
submitted to the City, it shows, down by the fishing pier, it says "private beach." I don't know
how anyone can get up here and can expect the public that is watching on TV to believe that a
beach that is now basically vacant, that has available parking, that you can go out and swim on,
how, when you go ahead and you place on this vacant area - I won't bother listing all the
different buildings - but a total of 153,250 square feet of structures. On top of that, there will be
room for 300 RVs, not to mention the equestrian center, the swimming/wading pools, the
campfire amphitheater, volleyball, tennis, basketball courts, picnic centers, concessions. As far
as the lake at the north end, there are detailed plans for a pier there for boats, for scuba diving,
for rentals. I'm a little confused here. We're a City of 400,000 people. We have one oceanfront
beach available to the public, and we, apparently, are being told - and maybe I misunderstood the
City Manager just now, and he can correct me if I did...
Mr. Odio: It's very common on your part.
Mr. McMaster: Yes, sir, it's very common. I was just told that we don't... We don't, or we feel
we don't have two hundred and fifty thousand dollars ($250,000) a year to maintain this in its
present state so the public can use it in its present state. If we did, we wouldn't be here turning it
over to a private individual. And I'm wondering why the City exists. If we can't afford to fund
the one oceanfront beach we have, then we don't deserve to exist. We should talk about
dissolving into the County, and they can take care of it.
Mayor Clark: All right.
Commissioner Gort: That's a good idea.
Mayor Clark: Thank you, sir.
54 September 28, 1995
Mr. McMaster: You know, there's a fire sale going on here. I don't... The public, who's
watching on TV, has to know that this does have to go for a public vote, and I would urge them
to turn that down. Recently, there was the Virginia Key Campground, 153 acres; Parrot Jungle,
which we just heard, 18 acres; the Watson Island Mega Yacht deal, 30 upland and submerged
acres for the 300-room hotel and 50,000 square feet of retail space that didn't have any qualified
respondents. Since 1985, you've rezoned part of Grapeland Park and Melreese Golf Course to
C-1, part of the Southfork Park to R-3, Lummus Park to government/institutional, part of Watson
Island to C-1, and parts of Virginia Key to C-1 and G-1. Last year, you sold the motor pool for
six million. This year, the sale of the solid waste yard, parking garage number five for a total of
thirteen point five million. You have a previous agreement for the port that Commissioner De
Yurre is now working on a new one. The last agreement called for an up front cash deal of six
million, for a total of, if this all comes through, a total of twenty-five point five million dollars
($25.5 million). And it's very clear that there's a fire sale going on here, and I think that we
have to make a decision. Can the City of Miami maintain what it's got, its parks, and keep them
as open spaces? Because I don't think a port at FEC (Florida East Coast) Bicentennial that's
four stories high and has parking for "X" number of thousands of cars is what a park use is all
about. In order to get this through, you have to rezone around the north end where the lake is,
and amend the comprehensive plan. Item number 20 on this, PZ-20 is amend the Zoning
Ordinance 11000 to allow campgrounds as a use in a park. You need to amend the City Code.
I'd refer the City Attorney to Section 37-69, living or sleeping therein. The City Code does not
allow campgrounds, which is logical. The ordinance change is not limited to Virginia Key. Are
we going to see a campground at Simpson Park? I'd just like to say that I don't think that we
.._.—...._._...should.be.taking..ciur..parks and using them as a cash.cov4 and I think in particular... I did not get
up and speak on Parrot Jungle. You know, that's a close call. I think having a botanical garden
out there and some ancillary restaurant facilities, that might be a good idea. I didn't argue about
it. But putting a campground in a public park, when there are 153,000 square feet of fixed
buildings is a very bad idea, and I would urge the voters to vote it down on November 7. Thank
you.
Mayor Clark: Thank you for your comments, sir.
Commissioner Gort: Mr. Mayor, may I ask him a question?
Mayor Clark: Yes.
Commissioner Gort: In all the studies he has done, the feasibility study and so on, did you
analyze how many people visit these places? And yourself, how many times do you visit all
these places?
Mr. McMaster: I think the point is...
Commissioner Gort: Virginia Beach, how many times do you go out there?
Mr. McMaster: I've been there many times.
Commissioner Gort: Many times, but recently.
Mr. McMaster: Recently, with skin cancer, I'm not exactly a beach person.
Commissioner Gort: OK. So we have in numbers how many people visit and go to those public
facilities?
Mr. McMasters: I think the point is, is that we have a City...
55 September 28, 1995
Mayor Clark: He asked you a question.
Commissioner Gort: I just asked you a question. You don't have that, right?
Mr. McMaster: No, sir. I'm urging you to protect your open space.
Vice Mayor Plummer: Thank you.
Mayor Clark: Thank you, thank you for your comments.
Mr. McMaster: Yes, and I'm urging you to protect your open space, instead of paving it over.
Mayor Clark: Thank you for your comments.
Vice Mayor Plummer: Mr. Mayor...
Mr. McMaster: It's very simple.
Mayor Clark: Thank you. Could I get a motion on this item?
Vice Mayor Plummer: Mr. Mayor, if I may.
,.._ .. Mayor Clark: Yes, sir._
Vice Mayor Plummer: Because I... Jim, you know, you're... I wish you were nasty so I could
get mad at you, but you can't get mad at Jim McMaster. He comes, I think, with the best of
heart. But, Jim, let me tell you something. This is not all parkland that you speak of. And, you
know, it's really wrong when you make statements that are being watched on TV that don't
come out as true statements. Now, just let me give you one example. This City sold part of the
motor pool because the Jackson needed the trauma center to expand, not because we needed the
money, not at all. Jackson Hospital came in...
Commissioner Dawkins: But where is the money?
Mr. McMaster: Exactly.
Vice Mayor Plummer: Excuse me. You got...
Commissioner Dawkins: Where is the money, if we didn't need it?
Mayor Clark: Oh, come on, let's go.
Commissioner Dawkins: Come on. I mean, come on, now, don't... I mean, don't jump on Jim,
man. Don't jump on Jim.
Vice Mayor Plummer: OK. I just think it's only fair...
Commissioner Dawkins: Don't jump on Jim, now.
(APPLAUSE)
Mr. McMaster: It's in the general fund. The City Manager said it's in the general fund.
Vice Mayor Plummer: I think it's only fair that the public know the truth, that the reason that
property was sold was so that the trauma center - which is one of the best things that's happened
56 September 28, 1995
in this community - could expand, and had no other place to go. That's the kind of thing I think
should be on the record.
Mayor Clark: All right. Let's move on on this. What do you have to say?
Mr. Luft: I just want to point out that today, the guardhouse they're talking about is a toll booth,
and has been there for since 1988, and it's the same toll booth that's at Crandon Park and at Bill
Baggs State Park.
Mayor Clark: That's right.
Mr. Luft: And all we're doing is charging a fee that every other government unit for public
parks charges as part of public access to a beach. It's a normal fee. This is not a...
Mayor Clark: It costs you three dollars ($3) to go in, and down at Cape Florida, it would cost
you five dollars ($5).
Mr. Luft: In fact, we have limited the charges on this public beach to no more than what the
State of Florida or Dade County charge on a comparable beach on Key Biscayne.
Mayor Clark: Very good. Let's move forward. All right. Can I get a motion on item number -
is it 24?
Ms. Johnson: Twenty-four.
Commissioner Gort: I move...
Vice Mayor Plummer: I'm sorry?
Ms. Johnson: Twenty-four is the selection of the proposal.
Vice Mayor Plummer: Is the first one. Mr. Mayor, I'm going to move it, with the proviso that...
Mr. Goldberg (sic) made some very fine points. There's a lot of process this thing has got to go
through.
Ms. Johnson: That's correct.
Vice Mayor Plummer: And it's not going to go through without the idea that it's got to be
through DERM, it's got to be through every process there is. They've got to get the permits to
be putting anything into the ground. I have been given every assurance that this is
environmentally - environmentally sensitive, and it will be that way. I feel very comfortable that
if the permit... If it's not done in the proper way, the permits are going to be denied. It's just
that simple, and it's over, amen, and finished. We're not making the final decision, it will be the
public, and I'll move item 24.
Mayor Clark: Is there a second?
Commissioner Gort: Mr. Mayor, second. I'd like to repeat, as one person who uses parks, I
have... I have the best use of every park in the City of Miami. Being a photographer, I love to
take pictures of parks. It's an ideal place to do it. Bayfront Park, we all talked about Bayfront
Park. How many people used Bayfront Park before Bayside was created, and how many people
used it after Bayside was created? And I think that's the differences that we have done. We
have more public use in Bayside now, and have more people receiving benefits from Bayside,
and the City is making money out of Bayside. For that reason, I'll second the motion.
57 September 28, 1995
Mayor Clark: Further discussion? Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-678
A RESOLUTION ACCEPTING THE PROPOSAL SUBMITTED BY VIRGINIA KEY
CAMPGROUND, LTD. FOR THE UNIFIED DEVELOPMENT OF A CAMPGROUND
AND RELATED RECREATIONAL AND RETAIL FACILITIES, ON
APPROXIMATELY 153.8 ACRES OF CITY -OWNED PROPERTY LOCATED ON
VIRGINIA KEY, MIAMI; AUTHORIZING AND DIRECTING THE CITY
MANAGER TO NEGOTIATE A LEASE AGREEMENT WITH SAID PROPOSER,
SAID AGREEMENT TO BE IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO BE IN COMPLIANCE WITH APPLICABLE CITY CHARTER AND
CODE PROVISIONS, TO BE SUBJECT TO FINAL APPROVAL OF THE CITY
COMMISSION AND TO INCLUDE CERTAIN TERMS AND CONDITIONS MORE
PARTICULARLY DESCRIBED HEREIN; FURTHER PROVIDING THAT THE
HEREIN SELECTION OF VIRGINIA KEY CAMPGROUND, LTD. AS THE
SUCCESSFUL PROPOSER DOES NOT CONFER ANY CONTRACTUAL RIGHTS
UPON SAID PROPOSER UNLESS AND UNTIL THE PROPOSED LEASE IS
APPROVED BY A FAVORABLE VOTE OF THE ELECTORATE, AND THE LEASE
______1S_DULY._EXECUTED BY THE CITYY.EURTHER PROVIDING THAT IN THE
EVENT AN AGREEMENT WHICH IS FAIR AND REASONABLE TO THE CITY
CANNOT BE REACHED, THE CITY MANAGER MAY DISCONTINUE
NEGOTIATIONS AND THE SELECTION PROCESS SHALL TERMINATE
WITHOUT FINANCIAL OR LEGAL LIABILITY TO THE CITY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I vote yes, and reserve the right to vote no if I do not see a mandate of
51 percent for minority participation.
NOTE FOR THE RECORD: At this point, Commissioner Dawkins
recognizes the presence of former Commissioner, Jim Reford in
the Chambers.
58 September 28, 1995
L
----------------------------------------------------------------------------------------------------------------
13. CALL SPECIAL MUNICIPAL ELECTION NOVEMBER 7, 1995 -- TO
SUBMIT EXECUTION OF LEASE AGREEMENT BETWEEN THE CITY
AND VIRGINIA KEY CAMPGROUND, LTD. -- FOR DEVELOPMENT l
OPERATION OF A RECREATIONAL CAMPGROUND AND RELATED
RETAIL FACILITIES ON VIRGINIA KEY.
-----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I move item twenty...
Ms. Diane Johnson: Twenty-five.
Vice Mayor Plummer: I move item 25, Mr. Mayor....
j Mayor Clark: All right.
Vice Mayor Plummer: ... which is a companion.
Ma a to '+•
_ ._..{ ... _.... .
yor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
Mr. Walter Foeman (City Clerk): Mr. Mayor.
j
Mayor Clark: Yes, sir.
Mr. Foeman: Same modification as on item 27 regarding the polling places?
Mayor Clark: Twenty-five we're on.
Vice Mayor Plummer: Twenty-five is not the companion?
Ms. Johnson: Yes, it is the companion.
Mr. Foeman: Yeah, but there's the same modification regarding the polling places. There's a
direction to the City Clerk.
Vice Mayor Plummer: All right, right.
Mayor Clark: All right, yes, sir. Call the roll.
59
September 28, 1995
• . ---
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-679
A RESOLUTION, WITH ATTACHMENT, CALLING AND PROVIDING FOR A
SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 7, 1995, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
MIAMI, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL, THE
EXECUTION OF A LEASE AGREEMENT BETWEEN THE CITY AND VIRGINIA
KEY CAMPGROUND, LTD. FOR THE DEVELOPMENT AND OPERATION OF A
RECREATIONAL CAMPGROUND AND RELATED RETAIL FACILITIES ON
APPROXIMATELY 153.8 ACRES OF CITY -OWNED WATERFRONT PROPERTY
LOCATED ON VIRGINIA KEY FOR A MAXIMUM TERM OF 45 YEARS,
SUBJECT TO SAID FIRM MAKING A CAPITAL INVESTMENT IN SAID
PROPERTY OF NOT LESS THAN $2,000,000 PAYING TO THE CITY A
GUARANTEED MINIMUM ANNUAL RENT OF NOT LESS THAN $300,000 AND
TO SUCH ADDITIONAL CONDITIONS AS MAY BE REQUIRED BY THE CITY;
DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL
REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE
OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER DIRECTING
THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN
TO BE DELIVERED TO -THE SUPERVISOR OF ELECTIONS OF
METROPOLITAN DADE COUNTY AS REQUIRED BY LAW.
(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.
60 September 28, 1995
----------------------------------------------------------------------------------------------------------------
14. DIRECT MANAGER TO INSTRUCT APPROPRIATE DEPARTMENT TO
SCHEDULE A WORKSHOP CONCERNING PROPOSED FIRST READING
ORDINANCE RELATED TO THE MANNER IN WHICH PERSONS SHALL
ADDRESS THE COMMISSION, AND REQUIREMENT FOR
REGISTRATION OF ORGANIZATIONS REPRESENTING GROUPS
BEFORE THE COMMISSION OR BOARDS / COMMITTEES. (See label 15B)
----------------------------------------------------------------------------------------------------------------
Ms. Johnson: Thank you.
Mayor Clark: Do we have to take up these appointments now? Where is the budget? Why
don't we postpone these appointments until the next meeting?
Vice Mayor Plummer: Mr. Mayor, I might try to save some time. I am also anticipating
deferring item 23, and asking that the Department put on a workshop on the item 23 in these
chambers, where everybody will have the opportunity to come and speak at length on this
subject.
_.._....._._ ._. .. Mayor.Clark:..Before.it_gets up here for final approval,. -right?
Vice Mayor Plummer: Yes, sir. And I would move at this time that item 23 be moved till such
time as the Administration can schedule a town hall meeting, and not just of Coconut Grove, but
all citizens of this City who would like to speak on this issue and come to some conclusion
before this City Commission.
Mayor Clark: The motion is seconded. Cast a unanimous ballot, Mr. Clerk. And we'll get a
date proper, Mr. Manager
Vice Mayor Plummer: That will be fine, sir.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO.95-680
A MOTION DIRECTING THE CITY MANAGER TO SCHEDULE A WORKSHOP IN
CITY HALL CHAMBERS IN CONNECTION WITH AGENDA ITEM 23 (MANNER
IN WHICH PERSONS SHALL ADDRESS THE COMMISSION, INCLUDING THE
REQUIREMENT FOR REGISTRATION OF ORGANIZATIONS REPRESENTING
GROUPS BEFORE THE CITY COMMISSION, ON ANY BOARDS OR
COMMITTEES, ETC.); FURTHER INSTRUCTING THE MANAGER TO
SCHEDULE A TOWN HALL MEETING IN CONNECTION WITH SAME.
(Note for the Record: The Commission later directed the Administration to advertise the
town hall meeting on Cable Television Station Miami NET Channel 9 and other local
media sources.)
61 September 28, 1995
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
15. (A) SECOND PUBLIC HEARING TO DISCUSS FY'96 TENTATIVE
BUDGET.
(B) (Continued) BRIEF COMMENTS CONCERNING PROPOSED
WORKSHOP RELATED TO MANNER IN WHICH PERSONS
SHALL ADDRESS THE COMMISSION, AND REQUIREMENT FOR
REGISTRATION OF ORGANIZATIONS REPRESENTING GROUPS
_,_....___..�..... __. BEFORE THE COMMISSION OR..BOARDS / COMMITTEES. (See
label 14)
(C) SECOND READING ORDINANCE: FIX MILLAGE AND LEVY
TAXES FOR FISCAL YEAR OCTOBER 1, 1995-SEPTEMBER 30,
1996.
Mayor Clark: Now, on the budget. Where's the budget, Mr....
Mr. Cesar Odio (City Manager): Thirty-four.
Mr. Manohar Surana: Thirty-four.
Mayor Clark: Thirty-four?
Vice Mayor Plummer: Mr. Surana, before you start, do me one favor. For God's sakes, put on
the record, is this City in financial trouble?
Mr. Odio: I'll put it...
Vice Mayor Plummer: I keep hearing everywhere that I'm not going to have money for
breakfast in the morning.
Mr. Odio: No, no. Wait, wait, wait.
Vice Mayor Plummer: I am damn sick and tired of it. The Manager saved thirty-six million
dollars ($36,000,000) in this year's budget.
Mr. Odio: Let me have that P&L (profit and loss) statement. I sent you...
Vice Mayor Plummer: Would you please put on the record whether we're bankrupt or not.
62 September 28, 1995
Mr. Odio: The answer is no, and the proof of the pudding...
Commissioner Gort: Let Surana do it.
Mr. Odio: ... is that the real financial experts, as far as municipal bonds, the last I heard, they
were in New York, and they are called Moody's Investment and Standard and Poore's. They're
the folks that go through all our records. They know more about the City of Miami than most of
us. And every... Twice a year, we must go up there and be reviewed by them. Three weeks ago,
we went out on the market on bonds, and the bonds of the City of Miami were rated triple "A".
Vice Mayor Plummer: Is there any better?
Mr. Odio: That's the highest...
Mr. Surana: Highest.
Mr. Odio: ... rating, credit rating that a municipality can achieve. There are very few cities that
get a triple "A", very few cities. We're happy to have been one of them these past two weeks.
Let me emphasize this again. In high school, when you take an exam and you get an "A", that's
excellent. In municipalities, you get an "A" rating, that's excellent. A triple "A" is an "A" plus,
and we have achieved that. ' 'he net worth of the City of Miami - the net worth, that is what the
City, is.worth..after..y_ou-take out the debt - is one billion six hundred and fifteen million dollars _..
($1,615,000,000). That's what our assets are worth. The debt of the City of Miami is one
hundred and eighty-five million dollars ($185,000,000). That's one point five percent of our
worth. We are entitled...
Mayor Clark: ... to fifteen percent.
Vice Mayor Plummer: Up to.
Mr. Odio: We are entitled to get into debt, if we wanted to, up to 15 percent...
Mayor Clark: ... of our assessed value.
Mr. Odio: ... which would be close to a billion dollars, which this Commission would never
entertain. We are below two hundred million dollars in debt. We have... We owe one hundred
and eighty-five million dollars ($185,000,000), which is general obligation bonds that were
approved, as a matter of fact, by the voters of the City of Miami.
Vice Mayor Plummer: Mr. Manager...
Mr. Odio: The millage of the City of Miami has not increased - that is taxes, the ones that we
have control over - have not increased in the past ten years. There's no other municipality in the
country that can state that. Ten years with the same millage. So...
Vice Mayor Plummer: Have we ever had, since the inception, an increase in the garbage tax?
Mr. Odio: We are... Every citizen in Miami, including myself and you, that live here, and
everybody else that lives here, we have been paying a hundred and sixty dollars ($160) a year,
one hundred and sixty dollars ($160) a year. I can assure this, Mayor and Commissioners, that
there will not be an increase for at least the next three years on either the millage or the garbage
fee, because of the commitments that have been made in long-term contracts by this Commission
and by this City. So there will... It's a guarantee that for the next three years - that's 1999 - the
63 September 28, 1995
next three budget years after this one, that the garbage fee will remain at a hundred and sixty
dollars ($160) a year. The closest this gets is in the unincorporated areas of Dade County,
because of the interlocal agreements that have just been signed, the garbage fee in Dade County
is going down to three hundred and ninety dollars ($390) a year.
Vice Mayor Plummer: Thank you, sir. Yeah, please. We got lunch money?
Mr. Odio: We are not broke.
Vice Mayor Plummer: We got lunch money?
Mr. Odio: We got money, but we don't want to give it away, either.
Vice Mayor Plummer: Thank you, sir. Mr. Mayor...
Commissioner Dawkins: Mr. Mayor, I have some people...
Vice Mayor Plummer: Mr. Dawkins, let me finish, if I may, please. I think that what the Mayor
has said before, and I want to say, that what has brought about this tremendous, successful - in
this particular year - has been the tremendous involvement and cooperation of the unions of this
City, and it has shown that without that, we would have had a very rough year. There is a
rapport that is established between the unions and the Manager, who, I think, has saved this City
_.__._..__. tremendously,.not.only-financially, but morally andotherwise. Thank you. _.. _. _......
Commissioner Dawkins: Mr. Mayor, I'd like to hear from Mr. Packingham before he - they
leave, please.
Mayor Clark: What's this on?
Commissioner Dawkins: On the item that was deferred.
Mayor Clark: Well, it's been deferred.
Commissioner Dawkins: Twenty-four?
Mayor Clark: Twenty-three.
Mr. Ralph Packingham: Twenty-three.
Vice Mayor Plummer: Twenty-three. Yes.
Mayor Clark: Sir, it's been deferred. Tell him, J.L. You've offered it.
Commissioner Dawkins: It's been deferred, but they would... They say they're not coming back
the next time, and I would like to put in the record their concerns, so that when it's heard the
next time, their concerns will be in the record.
Mayor Clark: Whatever you say.
Commissioner Dawkins: Thank you, sir.
Mr. Packingham: Good evening, ladies and gentlemen, Commission. My name is Ralph
Packingham. I'm here for Floral Park Homeowners' Association. We have people that took off
today to come down here to hear this, to participate on this item. This item has been deferred,
64 September 28, 1995
L
and we're afraid that with the deferral, that it will sneak back in, and we will not have an
opportunity to deal with discussing it. The concerns are, how will we be notified when the
public will be coming back on this item? Because many times...
Vice Mayor Plummer: Channel 9.
Mr. Packingham: Channel 9 is fine, but everybody doesn't look at Channel 9. What's the other
means?
Vice Mayor Plummer: The Miami Herald.
Commissioner Gort: No, let me give you a suggestion. You give your name and address, and
the phone number of your association to the Clerk, and he will make sure they notify you when
the next meeting will take place.
Mr. Packingham: OK.
Commissioner Gort: Now, as I understand correctly, the only reason this was deferred is
because we want everyone... We're going to have a public hearing just on this so every
homeowners' association and every association throughout the City of Miami will have the
opportunity to come in and express their opinion.
.-Mr.. Packingham.-.-OK.-
Commissioner Gort: OK?
Vice Mayor Plummer.: So be it.
Mr. Packingham: OK. Thank you.
Mayor Clark: Thank you, Mr. Packingham. Leave that with the Clerk, your name and address.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Where are we? On the budget?
Mayor Clark: Yeah, on the budget.
Mr. Odio: Mr. Mayor, he has a question on the millage. I think it's a proper question and
maybe...
Mayor Clark: Your name, sir.
Mr. Michael Samuels: Michael Samuels, 4001 Utopia Court, Coconut Grove. I just think
there's a lot of confusion about this increase in taxes. I think people... Residential property
owners have to be aware of the fact that under the legislature, their assessment can't go up more
than three percent, or cost of living. I think that will take...
Vice Mayor Plummer: Excuse me. Since last... This is the first year that that comes into play.
Mr. Odio: Yes, yes.
September 28, 1995
404
Mr. Samuels: You're right, this is the first year. So I think that might put some people at ease, if
they understand that.
Mr. Odio: Yeah. There's a cap on the new law of three percent on your... On their private
homes.
Mr. Surana: Residential.
Mr. Odio: Also in the commercial area.
Mr. Samuels: Commercial. So... So any figure that you... like the figure that was advertised in
the newspaper, is an average.
Mr. Odio: Right, average.
Mr. Samuels: The percentage is an average.
' Vice Mayor Plummer: And believe me, sir, you're not the only one that I had many calls from
that were misled by thht ad in the paper, which is State statute, that we must place that ad with
that wording absolutely right in it. And it, without a doubt, is misleading.
Mayor Clark: All right. Mr. Surana.
Mr. Surana: Yes, sir. Mayor and members of City Commission, item number 34.
Vice Mayor Plummer: Thirty-four?
Mr. Surana: Yes. Discussion of proposed millage rate and tentative budget for the City of
Miami. (A) Percentage increase in millage over rolled back rate. Response: Five and seventy-
three one hundredeths of one percent (5.73%). (B) specific purpose for which ad valorem tax
revenues are being increased. Response: Purpose: partial funding for public safety services
(police and fire). Cost five million five forty-one three eighty-nine ($5,541,389). Percentage
increase: one hundred (100%). Item C: Response from citizens.
Mayor Clark: All right. Mr.... Mariano.
j Mr. Mariano Cruz: You know... OK. Mariano Cruz, 1227 Northwest 26th Street, Miami,
Florida, Allapattah. I was not going to come on a second time, but I decided to be here because
a few things happened in between that I have to know - I mean that I have to let you know. I
already mailed you postcards on one of the things. But before, I would like to say that I have no
complaint until these past few weeks of the garbage pickup, trash pickup, recycle, police service,
fire service, everything is all right. Maybe it's budget time. OK. We wish that to keep on the
whole year. The other day, we had a meeting, Corpus Christi Church there, with Lieutenant
Vila, Vila, Lieutenant Vila and Eddy Borges, late, around seven something. It's good because it
means that they are coming to see us instead of saying, oh, see me at ten in the morning or nine
in the morning. No, they're coming late, seven, seven -thirty, whatever it was. Now, so far, so
good for the City. One thing we worry about, the parks, the Allapattah Comstock, the capital
improvement they're doing to all the different parks. But the problem is that I've seen that
they're cutting personnel. Even part-timers are being cut. The grass is not being cut properly.
They're being left there on the ground. So I am worried that when they finish the building, there
j is no personnel for the building. Well, just to remind that, because people tell me that. And the
other item I just want to mention is since the City is not broke, maybe you can spare forty
thousand dollars to mail the agenda to the people because... - -
66 : September 28, 1395
Mr. Cruz: Let me finish why. Because like in the other last meeting, it was four and a half
million dollars for police cars, or that... It's important for us to get the agenda. I don't have time
to come to City Hall to get the agenda, but I could get it... It's very important, because two
items, specifically. We knew of things going on here on the agenda. The Camillus House, when
it was being transferred to Allapattah, I knew it five days before from the agenda. I never knew
from anybody. Nobody told me anything. When the Winn -Dixie issue, the float loan, I knew it
from the agenda, and five days I got to mobilize a committee. On the Camillus House issue, we
couldn't mobilize enough people, so it passed in the Commission, but later on, it was voted
down, when the people went to Allapattah. So it's important that we get the agenda, because
we've got to be... An informed citizen is the foundation of democracy.
Mr. Odio: You're absolutely right, Mariano.
Mr. Cruz: The only way you're going to do something is you know what's going on.
Mr. Odio: You're absolutely right.
Mayor Clark: Listen, I'll make you a promise. I'll personally deliver you an agenda.
Mr. Cruz: Well, fine, I take it.
Mayor Clark: And I know where you live. All right?
Commissioner Dawkins: Hold it, hold it. Yeah, but you see...
Mr. Cruz: All right.
Mr. Odio: Now, Mariano...
Commissioner Dawkins: Hold it, hold it, hold it.
Mayor Clark: What's this?
Commissioner Dawkins: Mr. Manager, how does it cost forty thousand dollars a year to mail
agendas?
Mr. Odio: Because, sir, we had... I discovered a list of people that were receiving agendas every
time we had a Commission meeting. They had no business receiving the whole packet, and that
cost a lot of money in mail, stamps.
Commissioner Dawkins: OK. But...
Mr. Odio: And it was my business to cut down on expenses. And I feel that if somebody wants
the whole packet, they are welcome to come here and get it, because we cannot afford to mail
458,000 City agendas, which are this big.
Commissioner Dawkins: But now, you're talking about the agenda package or the agenda?
Mr. Odio: They want the whole packet.
Mayor Clark: The whole thing.
67 September 28, 1995
__j
Mr. Odio: These people were used... Somehow, what happened in the past, Commissioner...
Commissioner Dawkins: But you just said we got a billion and some dollars. You just sat there
and said that.
Mr. Odio: I said the City's worth a billion dollars. That doesn't mean we have to waste it,
Commissioner.
Commissioner Dawkins: Well, I don't think informing - that's my personal opinion, now - I
don't think informed citizens is a waste of the tax dollars.
Commissioner Gort: Yeah.
Commissioner Dawkins: But that's my personal opinion.
Mr. Odio: That's... You're absolutely right.
(APPLAUSE)
Commissioner Dawkins: That's my personal opinion.
Mr. Odio: That's why we are, since I've been Manager, we've been televising all the City
__._....._.._.__.._.....Commission meetings. If you don't watch it, it's because you don't want to. And also, I don't _ .._.._.
think it's right to mail out whole packets of agenda items that are completely technical in nature
in some cases, that are not really informative in any nature.
Commissioner Dawkins: All right. I make a motion that we continue to mail the complete
agenda for the next 90 days, and at the first of the year, a list be compiled of individuals who
take the agenda and come down here, like Cruz, homeowners' associations, Crestview people,
and that those individuals, we... In January, you compile a list for this Commission to look at
and vote on.
Mr. Odio: I need to clarify on the record that we are sending the packet and the agendas packet,
complete, to all the homeowners' associations, to all the civic groups, and to all the CBOs
(community based organizations). They are entitled. They are supposed to have those packets
in their neighborhoods, and inform the neighborhood association members of what's going on.
Mr. Cruz: Can I say something? I represent Allapattah in the Community Development
Advisory Board, and I met here once with the Manager there, and he said, you are my eyes and
ears in the neighborhood. How long we going to be... I mean the...
Mr. Odio: Because, Mariano, unfortunately...
Mr. Cruz: Fine, I'm deaf. I mean, we're not going to see anything. We got to know what's
going on.
Commissioner Dawkins: I made a...
Mayor Clark: OK, OK.
Commissioner Dawkins: I made a motion. It died for the lack of a second. That's all I can do.
Mayor Clark: All right. What else on...
68 September 28, 1995
L
Mr. Odio: I want to say something for the record, Mariano, because you are a friend.
Mayor Clark: Wait a minute, we're on the budget here now, please.
Mr. Odio: The Parks and Recreation Department is not being cut. It's one of the few
departments in the City of Miami that we added two million dollars ($2,000,000) to the budget.
We had, in 1994, 131 permanent employees; 1995/96, we have 165. We have more employees
added to the Parks Department. So we have, in fact, added two million dollars ($2,000,000) in a
budget that we cut thirty-six point four million dollars ($36.4 million).
Mr. Cruz: Yeah, but what about... Not only personnel. What about programs for the children,
after -school programs, and the whole thing?
Mr. Odio: The same programs that we had before, and even some more that we are developing,
including yesterday, we had a meeting to have sailing, rowing, and track for all the inner city
kids. We are adding programs, Mariano. We're adding.
Mayor Clark: What are we on?
Commissioner Gort: Mariano... Mr. Manager, I'd like to add this. Comstock is one of the few
parks - it's a pilot program - that has an after -school program...
Mr. Cruz:... Right.._..__._.
Commissioner wort: ... where the kids got the teachers, with this joint venture between the
school system and the Parks Department, where kids can get help in their homework. The
problem that we have, we don't have enough participants.
Ms. Joyce Nelson: I'd like to speak about the agenda package for just a moment.
Mayor Clark: No, we're talking about the budget, now. He brought this up.
Ms. Nelson: It was part of the budget.
Mr. Odio: The agenda packet.
Mayor Clark: Go ahead.
Ms. Nelson: There have been statements made that I wanted to understand.
Mayor Clark: Please do speak.
Ms. Nelson: I receive the agenda. If this is called a packet, this is what I get. This is all I get as
the homeowners' association. No attachments whatsoever are attached to this.
Vice Mayor Plummer: But they are available to you.
Mr. Odio: They are available.
Ms. Nelson: They are available, I understand that. But I wanted to make sure...
Commissioner Dawkins: The Manager just said they get the complete package.
Ms. Nelson: Exactly. I want to clarify that.
69 September 28, 1995
Commissioner Dawkins: OK? Now, that's in the record.
Mayor Clark: All right. Is that it?
Mr. Odio: It's in the record.
Ms. Nelson: We do not. We get this, that's it.
Mayor Clark: Is that it?
Ms. Nelson: So I wanted to clarify that. And I went upstairs to make an addrdss change prior to
this meeting, and they told me that they are no longer mailing out agendas except to
homeowners' associations. So I guess that decision was already made prior to this meeting.
Mr. Odio: Well, was that...
Vice Mayor Plummer: Well, would it not seem reasonable... When Mariano sent me my
postcard... Mr. Manager, you know, if people come here for public documents, I think they're
charged - what is it, twenty-five cents a page?
Mr. Odio: Yes.
Vice Mayor Plummer: Can't we establish a reasonable fee where people can have that access,
pay the City and have agendas, or if they want the 14 pounds we get every week and they're
willing to pay for it, you know, I think that should be made available, if they want them.
Mr. Odio: I need to... Please, and give me a few minutes to explain why we had to stop the
mailing of these packets. I discovered we were sending agendas all the way up to North
Carolina, Memphis, Nashville, all over the place, because what happens through the years,
Mariano...
Mr. Cruz: Call them and check.
Mr. Odio: ... is that people have a particular interest in a particular item on the agenda...
Vice Mayor Plummer: At one time.
Mr. Odio: ... they requested this thing, and we automatically sent it out. And you know what?
Vice Mayor Plummer: Well, let me tell you what. I'll make...
Mr. Odio: They stay in the mailing list.
Vice Mayor Plummer: Mr. Mayor, I'll make you a motion. OK? That agendas be sent to each
and every homeowners' association that so requests, and that, also, agenda and full backup be
made available in every NET (Neighborhood Enhancement Team) office five days prior to the
Commission meeting.
Commissioner Gort: Good idea.
Vice Mayor Plummer: And anyone wanting any further will pay for it at an established fee by
the Manager. I move that, Mr. Mayor.
70 September 28, 1995
Mayor Clark: Is there a second? Is there a second?
Commissioner Gort: Yeah, I guess... Are we going to put it in the NET, the whole package?
Vice Mayor Plummer: Yeah, that's what I said.
Commissioner Gort: I'll second it.
Mr. Odio: Besides, by the way, we are televising. People that watch NET 9 will know the
agenda before the Commission meetings.
Mayor Clark: Call the roll. Wait a minute.
Commissioner Dawkins: Under discussion.
Mayor Clark: Go ahead.
Commissioner Dawkins: You take one package to the NET office. I go in. I'm interested in
item 14. I remove item 14. The next guy come in, there's no 14.
Mr. Odio: You provide a copy.
Commissioner Gort: You can't remove it. They can't remove it.
Commissioner Dawkins: Call the roll. Call the roll.
Mr. Cruz: One thing I have to say. What happen to the Charter here? It says on top, residents
of the City of Miami. It looks like all of you have forgotten that. The Charter, the Charter of the
City. Residents, then Commissioners, and then employees and everybody. Remember, and the
residents vote, November.
Commissioner Dawkins: Call the roll, sir.
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 95-681
A MOTION INSTRUCTING THE CITY MANAGER TO SEND A COPY OF THE
CITY COMMISSION MEETING AGENDAS TO EACH HOMEOWNERS'
ASSOCIATION; FURTHER, INSTRUCTING THAT THE MANAGER SHALL ALSO
SEND AN AGENDA WITH ALL OF THE BACKUP DOCUMENTATION IN
CONNECTION WITH EACH ISSUE TO THE VARIOUS NEIGHBORHOOD
ENHANCEMENT TEAM (N.E.T.) CENTERS; AND FURTHER, INSTRUCTING
THAT THERE WILL BE A CHARGE FOR ANY ADDITIONAL REQUESTS FOR
COPIES OF THE AGENDA AND/OR SUPPORT DOCUMENTATION; SAID
CHARGE SHALL BE DETERMINED BY THE CITY MANAGER.
71 September 28, 1995
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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.
Vice Mayor Plummer: OK. What's the next item, please?
Mr. Surana: Item 34-A, adoption of the millage.
Vice Mayor Plummer: OK. What is the millage? You want to read it? Is that what you do?
Mr. Surana: I think Mr. Jones has to read the ordinance.
Vice Mayor Plummer: All right. Well, first, we'll.hear from the public. Jim McMaster.
Mr. Jim McMaster: I missed the budget, so I'll just speak on the millage and throw the budget
in.
Vice Mayor Plummer: All right, sir.
Mr. McMaster: You know, one might get the opinion that I don't get along with the City
Manager or admire him. Now, he would tell you that this City is rolling in money, and his job is
very easy. I think...
Mr. Odio: I didn't say that.
Mr. McMaster: I think that he has done a wonderful job over the last ten years. We haven't had
a strike, we haven't had a fiscal crisis, I mean, we haven't had much of anything happening.
Vice Mayor Plummer: You know, I... Jim, I'm sorry.
Mr. McMaster: Well, you know...
Vice Mayor Plummer: We've had the Conference of Mayors, which this City was directly...
Mr. McMaster: No, no, no, sir. I didn't mean it...
Vice Mayor Plummer: We've had the Summit in this community...
Mr. McMaster: Sir, I didn't mean it that way. Sir, I did not mean it that way. I meant as far as
bad things happening, you know, coming from City Hall. You know...
Vice Mayor Plummer: Do you think the Summit came from left field?
Mr. McMaster: No, sir, I don't.
72 September 28, 1995
_1
Vice Mayor Plummer: Where did... Where did the Conference of Mayors came from? Where
did the Orange Bowl come from?
Mr. McMaster: No, sir, I wasn't referring that he wasn't doing anything. I was referring to the
fact that there haven't been any major forest fires raging through here.
Vice Mayor Plummer: Well, I hope not, because we have a very fine Fire Department and...
Mr. McMaster: Thank you, yes, sir, that is true.
Vice Mayor Plummer: ... they can't put them out before they get started.
Mr. McMaster: I can say something nice about the Fire Department.
Vice Mayor Plummer: Well, they're doing great prevention.
Mayor Clark: What else do you have?
Mr. McMaster: OK. As far as the taxes not increasing, it's my understanding that the State
limits the millage rate to ten, and we have been close to ten for ten years, so we really can't raise
the millage rate very much.
Vice Mayor Plummer: All three entities, by the way.
Mr. McMaster: Exactly, County...
Vice Mayor Plummer: County, School Board...
Mayor Clark: The only way you can raise the millage is through general obligation bonds.
That's not classified under the millage class.
Vice Mayor Plummer: Debt service.
Mr. McMaster: Right. The City is over 12 with the general obligation bonds.
Mayor Clark: Well, whatever.
Mr. McMaster: The City Manager was just saying, and he mentioned it at the last - first budget
hearing - that our debt is in the neighborhood of a hundred and eighty-five million dollars
($185,000,000).
Mayor Clark: In general obligation bonds.
Mr. McMaster: In general obligation. OK. My question is, is what is the special obligation
debt? Now...
Vice Mayor Plummer: That's equivalent to the bonds.
Mr. McMaster: Pardon me, sir?
Mr. Surana: We have many different... It's about two hundred million, probably.
Mr. McMaster: Because in the last couple of meetings, you authorized the City Manager to float
a hundred and twelve million dollars ($112,000,000) worth of bonds. Now, if he's telling me
73 September 28, 1995
here that you only have a hundred and eighty-five million dollars ($185,000,000) in general
obligation that's voted on by the public, that is true, but you also - and it's very legal, at every
meeting, it's publicly noticed - you are floating special obligation bonds. And my question is, if
you floated a hundred and twelve million dollars ($112,000,000) in special obligation bonds in
the last - or you authorized him to float them - what is the total of the special obligation bonds?
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
Vice Mayor Plummer: For example, there are cash flow bonds that are immediately paid for, the
minute we get the revenue from the County, and the revenue from the State.
Mr. Odio: Any... Any revenue...
Vice Mayor Plummer: So there's all different kinds of special bonds, and that's why they're
special and not regular.
Mr. McMaster: OK. Well, as of... Now, this is for the City of Miami, Florida...
Mr. Odio: You know, Jim, if I may just say something. Nothing happened... I've lived in
Miami now for 35 years. I remember Coconut Grove when I used to shovel dirt, and I think
Coconut Grove today is something to be proud of, and this Commission and this City made it
happen. I know you don't like it, but that's too bad, because I enjoy CocoWalk, and I enjoy
—_ _._____._.....Mayfair, and I_enjoy.P.eacock Park. If you don't, that's. -your problem.
Mr. McMaster: I seem to do better when I say nasty things. I meant that in a nice way, sir, that,
you know, things aren't blowing up all the time. I have a couple of questions on the contracts.
Obviously, it's very important to the budget, the selling of parking garage number five, the solid
waste.
Mr. Odio: That's got nothing to do with the budget.
Mr. McMaster: Last Friday, I looked at the tentative doc...
Mr. Odio: Excuse me. Jim, that has nothing to do with this budget. This budget... Those
numbers are not included in this document at all, because we don't need those monies to balance
this budget. So I think you need to review it again.
Mr. McMaster: Yeah. Thirty-five through 39-A, which include getting rid of the old interlocal
agreement to collect garbage and institute a new interlocal is included in there and...
Mr. Odio: This is not in the public hearing that is in front of you. This is a budget hearing and
those... That document is not included in this budget, sir.
Mr. McMaster: Well, I would just like to finish by saying that on the tentative contract I saw, it
said, for parking garage number five, quote: "This contract or notice thereof may be filed in the
Clerk's Office of either party, but shall not be recorded in the official public records of the Clerk
of the Court of Dade County, Florida." As far as I understand, there are bonds on that garage.
They need to be paid off right away, and I would expect that the final contract, when it does
come through, will show that.
Mr. Odio: No. You are wrong again. Those bonds have not to be paid off right away. We have
to put the monies we receive in escrow and the monies in escrow will be paying off those bonds,
so that the bond holders are secured that their bonds will be paid. And you are not saying, also,
Jim - and I explained it to you outside - that we are taking off the books of the City of Miami,
74 September 28, 1995
j�
i
i and it's not taken off this budget yet, a million dollars ($1,000,000) of deficits a year. We have
put into that parking garage twelve million dollars ($12,000,000) of deficit since 1989, and it's
projected, until the bonds are paid, that the City of Miami taxpayers, you - and me, and
everybody else - will have to pay another fifteen point two million dollars ($15.2 million) of
deficit till the bonds are paid. This deal that you are mentioning eliminates that deficit, sir.
Mr. McMaster: And last but not least, the two appraisals on the property, what were the
appraisals on the parking garage and on the solid waste?
Mr. Odio: We do not need appraisals when you're doing intergovernmental deals. Metro -Dade
County is a government, and we have negotiated a deal that is prudent for the taxpayers. It's
prudent because we are eradicating a million dollars ($1,000,000) a year, I repeat, on deficits...
Commissioner Gort: Mr. Mayor.
Mr. Odio: ... that you and I are paying from the general fund.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: Even to explain further, Jim, when I was in the Miami Parking System, we
_... _._.... had several parking businesses and people in the industry that wanted to buy our garage.
Mr. McMaster: Oh, I do remember that, yes.
Commissioner Gort: Nobody wanted to buy this one.
Vice Mayor Plummer: Yeah, they wouldn't.
Mr. McMaster: Oh, I know. I...
Commissioner Gort: We would have given it to them. They wouldn't take it.
Mr. McMaster: I'm just checking up. Thank you very much.
Mayor Clark: Thank you, Jim.
Commissioner Gort: By the way, I'm also going to give you a book that I have that's on bonds.
I think you'll like it.
Mr. McMaster: Well, I'll be checking on it. Thank you.
Mayor Clark: Jim, you... You want something to say, Mr. Redford?
Mr. Odio: I tell you, Jim, we make a good duo here. You keep doing that, and you give me
opportunities for good answers. Thank you.
Mayor Clark: Please.
Mr. Jim Redford: Just a bit of counsel. It takes an awful lot to get me out on a rainy night,
particularly when I got a bum knee and a few other things, but someone has misunderstood
greatly what you're having up here tonight. And it was a call around, and I was - I'm the head of
my homeowners' association in Ye Little Wood - that there was a great deal of sort of hanky-
75 September 28, 1995
panky going on with the taxes, and everybody was needed to come down here and raise hell. So
I think someone has to clarify. I, for example, am the head of my association, and have been for
a number years. I don't get any agenda thing, nothing. And...
Mayor Clark: You want one? You need one?
Mr. Redford: Well, I... I don't particularly need it, perhaps...
Mayor Clark: We'll get you one, Jim.
Mr. Redford: ... but I got 30 other members who might like to look at it. So I mean, I think,
maybe, even if we want to keep the piece, a little letter in ordinary common language, you know,
explaining what is coming up, so that you don't get a great gang of people coming in here,
thinking that you're going to blow the roof off with taxation.
Mayor Clark: All right.
Mr. Redford: Just a bit of counsel.
Mayor Clark: Very good. Thank you, Jim.
Mr. Redford: I don't do that often.
Mayor Clark: You been on the receiving end too long. All right.
Vice Mayor Plummer: That's it.
Mayor Clark: Mano, is that it?
j Mr. Surana: He has to read the millage ordinance.
Vice Mayor Plummer: I make the motion.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll then. Oh, you got to read the ordinance.
Mr. Jones: It's an ordinance. I have to read it in its entirety, Mr. Mayor.
Mayor Clark: Read it, read it. All right. The motion and second passed. If there's no further
discussion, call the roll.
76 September 28, 1995
An Ordinance entitled -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL LIMITS
FOR THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE
MILLAGE AND LEVYING TAXES IN THE CITY OF MIAMI, FLORIDA, FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30,
1996; CONTAINING A SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of September 14, 1995, was taken up
for its second and final reading and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading, in its entirety, 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.
None. a ..
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11303.
The City Attorney read the ordinance, in its entirety, into the public record and announced
that copies were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
16. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR
FISCAL YEAR OCTOBER 1, 1995-SEPTEMBER 30, 1996.
-------------------------------------------------------------- -------------------------------------------------
Mr. Manohar Surana: OK. Item B, adopting the...
Vice Mayor Plummer: Well, now, just... One more time. Very simple, as Mr. Redford said, in
simple language, there is no tax increase this year.
Mr. Surana: There is no increase in millage, yes, sir.
Vice Mayor Plummer: Is that yes or no?
i
i Mr. Surana: Yes, sir.
Vice Mayor Plummer: Yes. Thank you.
Mr. Surana: OK. Item 34-B, adopting the budget.
Vice Mayor Plummer: So move.
Commissioner Gort: Second.
- 77 September 28, 1995
Mayor Clark: All right. Is that it?
Commissioner Gort: That's it.
Vice Mayor Plummer: That's it. Nobody wants to speak. Call the roll.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1996; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading, by title, at the meeting of September 14, 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 Mi11er.J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
i
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11304.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
17. (A) DISCUSSION CONCERNING PROPOSED MILLAGE RATE AND
TENTATIVE BUDGET FOR DOWNTOWN DEVELOPMENT
AUTHORITY (DDA).
(B) SECOND READING ORDINANCE: FIX MILLAGE AND LEVY
TAXES IN DOWNTOWN DEVELOPMENT DISTRICT FOR FISCAL
YEAR OCTOBER 1, 1995-SEPTEMBER 30, 1996.
Vice Mayor Plummer: Thirty -five -A.
Mr. Manohar Surana: OK. Thirty -five -A has to do with DDA (Downtown Development
Authority), and let me read, for the record...
Vice Mayor Plummer: Oh, no.
Mr. Surana: (A) Percentage increase in millage rolled back rate. Response: Six and six -tenths
percent (6.6%). (B) Specific purpose for which ad valorem tax revenues are -being increased.
78 September 28, 19.95
I
Response: Downtown economic development programs, seventy-six thousand-o-ninety-seven
($76,097); hundred percent (100%).
a
Vice Mayor Plummer: Mr. Gort, are you in accordance with this, as Chairman?
Commissioner Gort: I am in accordance with this.
Vice Mayor Plummer: I so move.
Commissioner Gort: There's no tax increase. Move.
Mr. Surana: Adopting item 35-A is the millage.
Vice Mayor Plummer: I so move.
Commissioner Gort: Second.
Vice Mayor Plummer: It's not a revenue day, right?
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXATION, DEFINING
_._...___..._...... ..__...AND..._.DESIGNATING THE TERRITORIAL LIMITS OF THE DOWNTOWN
DEVELOPMENT DISTRICT OF THE CITY OF MIAMI, FLORIDA; FIXING THE
MILLAGE AND LEVYING TAXES IN SAID DOWNTOWN DEVELOPMENT
DISTRICT FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995 AND
ENDING SEPTEMBER 30, 1996, AT FIVE -TENTHS (.5) MILLS ON THE DOLLAR
OF NONEXEMPT ASSESSED VALUE OF ALL REAL AND PERSONAL
PROPERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE
TAXES SHALL BE IN ADDITION TO THE FIXING OF THE MILLAGE AND THE
LEVYING OF TAXES WITHIN THE TERRITORIAL LIMITS OF THE CITY OF
MIAMI AS REFLECTED IN THE CITY'S MILLAGE LEVY ORDINANCE FOR THE
AFORESAID FISCAL YEAR WHICH IS REQUIRED BY CITY CHARTER
SECTION 27; PROVIDING THAT THE FIXING OF THE MILLAGE AND
LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL
ASSESSMENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE
DEEMED AS REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING
MILLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL
AND IN ADDITION THERETO; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
79 September 28, 1995
L
passed on its first reading, by title, at the meeting of September 14, 1995, was taken up
for its second and final reading and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading in its entirety 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. 11305.
The City Attorney read the ordinance into the public record in its entirety and announced
that copies were available to the members of the City Commission and to the public.
------------------7---------------------------------------------------------------------------------------------
_.._ .__
18. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR
DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR
OCTOBER 1, 1995-SEPTEMBER 30, 1996.
------------------------------------------------------------------
Mr. Manohar Surana: Item thirty...
Vice Mayor Plummer: I move 35-B. Is there a second?
Commissioner Gort: Second.
Mayor Clark: All right. Call the roll.
September 28, 1995
_-j
An Ordinance entitled -
AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN
DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER
MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 1995 AND ENDING SEPTEMBER 30, 1996;
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE
OR ADVERTISE REQUIRED BIDS; PROVIDING FOR BUDGETARY
FLEXIBILITY; PROVIDING THAT THIS ORDINANCE BE DEEMED
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING
APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1995
AND ENDING SEPTEMBER 30, 1996 FOR THE OPERATIONS FOR THE CITY OF
MIAMI; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading, by title, at the meeting of September 14, 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. 11306.
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.
----------------------------------------------------------------------------------------------------------
19. EMERGENCY ORDINANCE: AMEND 11180 (ANNUAL
APPROPRIATIONS ORDINANCE 1995) -- INCREASE APPROPRIATIONS
IN RELATION TO OPERATIONAL REQUIREMENTS AND OTHER
REQUIRED BUDGETARY ADJUSTMENTS.
Vice Mayor Plummer: Mr. Mayor, I have to read the following ordinance to clean up from the
following year.
AT THIS POINT, VICE MAYOR PLUMMER READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY.
81 September 28, 1995
vice mayor Plummer: I so move.
Mayor Clark: It's an emergency ordinance.
Commissioner Gort: Second.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN EMERGENCY ORDINANCE AMENDING SECTIONS 1, 3, 5 AND 6 OF
ORDINANCE NO. 11180, THE ANNUAL APPROPRIATIONS ORDINANCE,
ADOPTED SEPTEMBER 22, 1994 FOR FISCAL YEAR ENDING SEPTEMBER
30, 1995, FOR THE PURPOSE OF INCREASING SAID APPROPRIATIONS
RELATING TO OPERATIONAL REQUIREMENTS AND OTHER
BUDGETARY ADJUSTMENTS REQUIRED FOR THE FY'95 BUDGET AS
MORE PARTICULARLY DESCRIBED HEREIN, 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.
Vice Mayor Plummer: Where do we go from here, Mr. Mayor?
Cesar Odio (City Manager): Mr. Mayor, may I just say something, please?
Commissioner Gort: Thirty... We need item 33, which is another special district.
Mr. Walter Foeman (City Clerk): I'm sorry.
Commissioner Gort: Second roll call.
Mr. Foeman: Second roll call. This is an emergency ordinance.
82 September 28, 1995
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. 11307.
The Vice Mayor read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
---r--_--- r---..-.....r------------------------------ ="--------------------------------------------
20. CITY MANAGER CESAR ODIO THANKS COMMISSION AND UNION
...._PRES.IDENTS_FOR THEIR COOPERATION WITH THE ADMINISTRATION
DURING THE PAST YEAR.
Mr. Cesar Odio (City Manager): Mr. Mayor, I want to publicly thank you and the Commission.
This year has been an historic year, I think, in the finances of the City of Miami. But I want to
recognize - I have to - Shorty Bryson, who is the president of the Fire Fighters' Union. Al
Cotera, who is the president of the Police Association - Shorty is right here. And Charlie Cox,
who is the president of AFSCME (American Federal, State, County and Municipal Employees),
and I don't see Diane Ragon here. Without their vision, we would not be here today telling you
that we are a very financially solid City. They took the lead with the Administration, to make
this a better City for all of the employees who now have permanent jobs here - the 3341 and I
want to thank them publicly, and I think you should, too.
(APPLAUSE)
----------------------------------------------------------------------------------------------------------------
21. CONFIRM APPOINTMENT OF DR. CASTELLL BRYANT TO BOARD OF
DIRECTORS OF DOWNTOWN DEVELOPMENT AUTHORITY (DDA).
Commissioner Dawkins: Mr. Mayor, I move AG-10, appointing Castell Bryant to the DDA
(Downtown Development Authority) Board.
Commissioner Gort: Second that motion. I second that motion, and I want to thank you, Mr.
Dawkins. She's been a great asset to DDA.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
83 September 28, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-682
A RESOLUTION CONFIRMING THE APPOINTMENT OF DR. CASTELL BRYANT
TO THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI, FLORIDA FOR A TERM EXPIRING JUNE
9, 1996.
(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.
----------------------------------------------------------------------------------------------------------------
22. APPOINT PATRICK PRUDHOMME TO SERVE ON NUISANCE
ABATEMENT BOARD.
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: I'd like to move AG-19, Patrick Prudhomme to the Nuisance
Abatement Board.
Mayor Clark: I think we're going to hold the rest of them up, but you do what you want to.
Vice Mayor Plummer: Nineteen.
Commissioner Gort: No, he needs that one.
Vice Mayor Plummer: Who, Miller?
Commissioner Gort: He needs the Nuisance Abatement Board.
Commissioner Dawkins: They keep telling me that I don't have anybody on the Nuisance
Abatement Board.
Commissioner Gort: Yeah, you need a Nuisance Abatement Board.
Vice Mayor Plummer: Who, Miller?
Mayor Clark: Second the motion. Cast a unanimous ballot.
84 September 28, 1995
L
i,
3
5
Vice Mayor Plummer: Who?
4
Commissioner Dawkins: Stand up, Patrick.
Commissioner Gort: Patrick.
A. Quinn Jones, III, Esq. (City Attorney): Patrick who?
Vice Mayor Plummer: Patrick who?
Commissioner Gort: Miller.
Mr. Patrick Prudhomme: My name is Patrick Prudhomme.
Mr. Jones: Could you spell your last... I can't hear you.
Vice Mayor Plummer: Spell it for me.
Mr. Prudhomme: P-R-U-D-H-O-M-M-E.
Commissioner Gort: Second.
Mr. Jones: Prudhomme.
Commissioner Dawkins: Thank you.
Mayor Clark: Cast a unanimous ballot.
Commissioner Dawkins: Thank you. Thank you, Mr. Mayor.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-683
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE NUISANCE ABATEMENT BOARD FOR THE REMAINDER OF AN
UNEXPIRED 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.
85 September 28, 1995
COMMENTS MADE AFTER ROLL CALL:
Vice Mayor Plummer: And who was the one, Miller, before that?
Commissioner Dawkins: This lady sitting here with that lady who's got her arms around her.
Vice Mayor Plummer: No, which item?
Commissioner Dawkins: DDA (Downtown Development Authority) Board.
I Commissioner Gort: DDA Board.
Commissioner Dawkins: AG-10.
Commissioner Gort: AG-10.
Vice Mayor Plummer: All right. And who's going to be on the DDA Board?
Commissioner Gort: Dr. Castell Bryant, right here.
Commissioner Dawkins: Dr. Castell Bryant.
__.._Vice..MayorYAumme -. Bryant?
Commissioner Dawkins: Would you stand so Mr. Plummer could see you?
Vice Mayor Plummer: Oh, OK. That's already listed here. My condolences. You'll have to be
with Mr....
(APPLAUSE)
----------------------------------------------------------------------------------------------------------
23. CONFIRM 95-102 -- ESTABLISH A SPECIAL ASSESSMENT DISTRICT
(FOR ONE YEAR) KNOWN AS: THE FLAGLER / CORE AREA SECURITY
DISTRICT SPECIAL IMPROVEMENT DISTRICT -- FOR PROVISION OF
PROMOTIONAL / MARKETING / RELATED SERVICES -- LEVY SPECIAL
ASSESSMENTS.
i
----------------------------------------------------------------------------------------------------------------
Commissioner Gort: We need item 33 as part of the budget.
Vice Mayor Plummer: Wait a minute. What about my appointments?
j Commissioner Gort: Well, I...
Vice Mayor Plummer: "Oye."
Mayor Clark: I thought we were going to hold them, but go ahead.
Commissioner Gort: Item 33 is part of the budget.
Commissioner Dawkins: Item 33?
September 28, 1995
L
Mr. Cesar Odio (City Manager): Which one?
Mayor Clark: Isn't it all finished?
Commissioner Gort: No, sir. We got one more item, which is the Flagler Core Area Security
District Special Improvement District.
Commissioner Dawkins: Do you move it?
Commissioner Gort: Yes, sir.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
Commissioner Gort: Thank you.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-684
A RESOLUTION, WITH ATTACHMENT, CONFIRMING RESOLUTION NO. 95-
102, ADOPTED FEBRUARY 9, 1995, AND ESTABLISHING A SPECIAL
ASSESSMENT DISTRICT FOR A PERIOD OF ONE (1) YEAR KNOWN AS THE
FLAGLER/CORE AREA SECURITY DISTRICT SPECIAL IMPROVEMENT
DISTRICT FOR THE PROVISION OF PROMOTIONAL, MARKETING AND
RELATED SERVICES; FURTHER, LEVYING SPECIAL ASSESSMENTS AGAINST
PROPERTIES IN SAID DISTRICT BENEFITED THROUGH THE PROVISION OF
SUCH SERVICES IN ACCORDANCE WITH THE FINAL ASSESSMENT FILED
WITH THE CITY CLERK.
(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.
87 September 28, 1995
I
----------------------------------------------------------------------------------------------------------------
24. APPOINT VICKY LEIVA TO SERVE ON AFFIRMATIVE ACTION
ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Are you going to do the rest of the appointments, Mr. Mayor?
Mayor Clark: Go ahead, go ahead.
Vice Mayor Plummer: All right. My appointment to the...
A. Quinn Jones, III, Esq. (City Attorney): What number?
Vice Mayor Plummer: Number 7, Affirmative Action Advisory Board. 1 am nominating Vicky
Leiva.
Mayor Clark: You make a motion?
Vice Mayor Plummer: I so move.
Commissioner Dawkins: Second.
Mayor Clark: Cast a unanimous ballot.
Vice Mayor Plummer: All right.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-685
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE CITY OF MIAMI AFFIRMATIVE ACTION ADVISORY BOARD TO FILL THE
REMAINDER OF AN UNEXPIRED 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 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.
88 September 28, 1995
----------------------------------------------------------------------------------------------------------------
25. APPOINT MEMBERS TO THE PRIVATE INDUSTRY COUNCIL (PIC) OF
SOUTH FLORIDA. [Appointed were: Josefina Bonet Habif (Private Sector
seat), Melvin (Skip) Chaves (Community Based Organization seat), John
Andrews (Private Sector seat), Mariano Cruz (Public Assistance seat), and a
representative from CAMACOL (Private Sector seat).]
Vice Mayor Plummer: The only other one, Mr. Mayor, that I'm participating in is the Private
Industry Council, and I'm questioning on that, which is item 16, that last year, I had two, and
how many do each of us get, one or two?
Mr. Frank Castaneda: Well, Commissioner, there are eight appointees, and you've never had...
Historically, everybody just names whoever and...
Vice Mayor Plummer: All right. Well, I can assure you that nobody up here is going to dispute
who Mr. Luis Sabines wants. Did he recommend to you a name, sir?
Mr. Castaneda: Well, he basically told me that he wants to keep it the way it was done before,
the CAMACOL representative.
Vice Mayor Plummer: And who is that? Did he give you a name?
Mr. Castaneda: No.
Vice Mayor Plummer: All right. I will make my... Well, we'll get the name from him, is that
correct?
Mr. Castaneda: Right.
Vice Mayor Plummer: Is that agreeable? OK. My appointment to that board is Josefina Habif,
who is presently serving, as a reappointment.
Mayor Clark: We'll get the other appointments. Cast a unanimous ballot, Mr. Clerk.
Commissioner. Dawkins: Yeah, PIC (Private Industry Council), yeah.
Mayor Clark: International Trade Board.
Commissioner Dawkins: We got PIC... All of us got one PIC, Mr. Mayor.
Mayor Clark: Oh, all right, go ahead.
Commissioner Dawkins: Go ahead.
Commissioner De Yurre: Melvin Chaves will be my appointment to the PIC.
Mr. Castaneda: To the PIC.
A. Quinn Jones, III, Esq. (City Attorney): Could you... Commissioner, could you designate
which seat they're going to have? They've got two private sector seats.
89 September 28, 1995
Mr. Castaneda: Well, Melvin Chaves would go to the Community- based organization, the same
as Josefina Bonet-Habif would go to the community -based organization.
Mr. Jones: OK. Well, I'm just saying it needs to be specified for the record.
Commissioner Dawkins: OK. I got a private... I got a private sector seat.
Mr. Castaneda: Right.
Commissioner Dawkins: OK. What's your name, John?
Mr. John Andrews: John Andrews.
Commissioner Dawkins: I appoint Mr. John Andrews.
Mr. Castaneda: John Andrews.
Commissioner Dawkins: OK.
Mayor Clark: I'm going to pick somebody else out. Who's that sitting there? Mariano Cruz.
Mr. Castaneda: And....
Vice Mayor Plummer: I assume that they all meet the requirements.
Mr. Castaneda: Right. And Olga Connors is the public assistance person that was there before
you...
Mayor Clark: Frank, do I have an appointment on that board?
Commissioner Dawkins: Yes, sir, you do.
Mayor Clark: Mariano Cruz.
Mr. Mariano Cruz: No. I am a member of the Community Development Advisory Board.
Mayor Clark: No, you relax. You do it.
' Mr. Cruz: Which one it is?
Commissioner Gort: Forget about it, you do it. Don't worry.
Commissioner Dawkins: We'll ask the Postmaster General to excuse you.
Vice Mayor Plummer: Well, let me ask this question. What about Sabines's CAMACOL?
Mr. Odio: CAMACOL is the private sector representative. They are the private sector
representative.
Commissioner Gort: They're part of it, the private sector.
Mr. Odio: And they appoint someone to go to the meetings, right? No?
90 September 28, 1995
Mayor Clark: Whatever comes up, we'll do at the next meeting, J.L.
Commissioner Dawkins: Yeah.
Vice Mayor Plummer: But do we have another appointment is the question.
Commissioner Gort: Yes, I do. It's mine. Can I make it?
Mr. Odio: It's there.
Vice Mayor Plummer: Oh, OK. All right.
Commissioner Gort: Thank you, sir.
Vice Mayor Plummer: I just don't want Sabines screaming down my head.
Commissioner Gort: I want Lucia Langerman for the Private Industrial Council.
Vice Mayor Plummer: Who?
Commissioner Gort: Lucia Langerman. She will take the place of the...
Mr. Castaneda: She's already on.
Commissioner Gort: She's already on it, OK.
Mr. Castaneda: Yes, she is.
Commissioner Gort: Fine.
Mayor Clark: OK.
Mr. Castaneda: Commissioners, on the... The only other issue is the public assistant seat.
There, you used to have Olga Connors, and I believe that we need to fill that seat with a public...
public assistant seat. Would somebody like to nominate her, or do you want to...
Vice Mayor Plummer: I'm still concerned that CAMACOL is going to have an appointment.
Mr. Castaneda: He does. Commissioner Gort is making that.
Vice Mayor Plummer: So it's reserved to Commissioner Gort. OK?
Mr. Castaneda: Right.
Mr. Joseph Alfano: Commissioner, if I can say that at the present time...
Vice Mayor Plummer: Mr. Alfano, for the record, your name and address.
Mr. Alfano: Joseph Alfano, representing the South Florida Employment and Training
Consortium, 3403 Northwest 36th Street. Commissioner, at the present time, we have a member
of CAMACOL by the name of Manuel Vega. He's a private sector businessperson. His term of
office is expiring. He is up for reappointment, and you may wish to consider Mr. Vega.
Vice Mayor Plummer: Sir, I would... I would have no problem with that as long as Mr. Sabines
is contacted.
91 September 28, 1995
Mr Castaneda: Mr. Sabines concurs.
Vice Mayor Plummer: And that's who he wants, that's fine. Why don't you give him a call and
come back to the Board.
Mr. Castaneda: Well, I think last time we made the CAMACOL representative, unless... unless
you want to change that.
Vice Mayor Plummer: No. Well, it's Mr. Gort's appointment.
Mr. Castaneda: OK.
Vice Mayor Plummer: And he has agreed that that's who will be there.
Mr. Castaneda: OK.
Vice Mayor Plummer: OK? So whoever Mr. Sabines wants will be that appointment. Frank,
you will call him and -get the name. •� • '
Mr. Castaneda: I will.
_____-__._..__...Vice Mayor.Plummer: I thank you, sir. Mr. Alfano,.do you have anything else you wish to say? _ . _....-.-
Mr. Alfano: No, that's all.
Vice Mayor Plummer: Nice to see you, sir.
Mr. Alfano: Thank you.
Vice Mayor Plummer: All right.
Mr. Castaneda: On the public assistance issue...
Vice Mayor Plummer: What area?
Mr. Castaneda: Are you nominating Mariano Cruz or...?
Commissioner Dawkins: They Mayor did.
Vice Mayor Plummer: The Mayor appointed Mariano Cruz under the public assistance.
Mr. Castaneda: Mariano Cruz under the public assistance.
Vice Mayor Plummer: That's fine. Yes.
Mr. Castaneda: OK.
Vice Mayor Plummer: Yes. Yes, sir.
92 September 28, 1995
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.95-686
A RESOLUTION APPOINTING FIVE (5) MEMBERS TO THE PRIVATE
INDUSTRY COUNCIL (PIC) OF SOUTH FLORIDA, WHOSE TERMS EXPIRE ON
JUNE 30, 1997.
(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:
NAYS:
ABSENT: M�
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
None.
None.
NOTE FOR THE RECORD: Mayor Clark exits the Commission
chamber at approximately 6:00 p.m.
-----------------------------------------------------------------=----------------------------------------------
26. APPOINT ANGEL GONZALEZ AND RATIFY BALAM WELCOME'S
APPOINTMENT TO SERVE ON THE , CITYWIDE COMMUNITY
DEVELOPMENT ADVISORY BOARD.
Vice Mayor Plummer: OK. What about Urban Development Review Board? Mayor Clark, did
he leave here? OK.
Mr. Cesar Odio (City Manager): Wait. Go back to... I mean, there's a jump.
Vice Mayor Plummer: Which one do we go back to, Mr. Manager?
Mr. Odio: We have... We didn't do the one on Affirmative Action Board. It's your
appointment.
Vice Mayor Plummer: I did Affirmative Action, and it's mine, and I appointed Vicky Leiva.
Mr. Odio: OK. Then 8, over the...
Vice Mayor Plummer: All right. Communitywide Development Advisory Board.
93
September 28, 1995
Mr. Odio: No, no, no. The next one is 8, which is Commissioner Gort's appointment on the
Citywide Community Development.
!, Vice Mayor Plummer: Community Development Advisory Board.
Mr. Walter Foeman (City Clerk): Commissioner Plummer, we need a motion on that, please.
Vice Mayor Plummer: On what?
Commissioner Dawkins: Move it.
Mr. Odio: See, what's happening here...
Vice Mayor Plummer: OK. Who's your nominee, Mr. Gort?
Commissioner Gort: Angel... Which board are we on now?
Vice Mayor Plummer: Number 8.
Mr. Odio: Citywide Community Development Advisory Board.
Commissioner Gort: Angel Gonzalez.
Commissioner Dawkins: OK.
Vice Mayor Plummer. OK.
Commissioner Gort: From the Allapattah Chamber of Commerce.
Vice Mayor Plummer: All right, sir. Angel Gonzalez.
Mr. Foeman: I need a motion, again, sir.
Commissioner Gort: So move.
Vice Mayor Plummer: Second.
Commissioner Dawkins: Which board?
Vice Mayor Plummer: That's number 8, Commissioner.
Commissioner Dawkins: OK.
Commissioner Gort: This is the Citywide Community Development.
Commissioner Dawkins: OK. Call... call the roll.
94 September 28, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-687
A RESOLUTION APPOINTING AND RATIFYING CERTAIN INDIVIDUALS TO
SERVE AS MEMBERS OF THE CITYWIDE COMMUNITY DEVELOPMENT
ADVISORY 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.)
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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
27. APPOINT IVAN FERNANDEZ TO SERVE ON THE COCONUT GROVE
PARKING ADVISORY COMMITTEE.
Vice Mayor Plummer: Item number 9 is a member of the Coconut Grove Advisory Board. Do I
assume the Mayor wishes to put Ivan Fernandez again?
Mr. Cesar Odio (City Manager): That's what he mentioned to us.
Vice Mayor Plummer: He indicated.
Commissioner Gort: Move.
Vice Mayor Plummer: I'll move. Second. I'll move... Second. Show a unanimous ballot.
95 September 28, 1995
L
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-688
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE COCONUT GROVE PARKING ADVISORY COMMITTEE FOR A TERM AS
DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
-------------------------------------- --------------- -----------------------------------------------------------
28. APPOINT RUBY FERIA TO SERVE ON THE LATIN QUARTER REVIEW
BOARD.
Vice Mayor Plummer: Ten is taken care of. Eleven is De Yurre, to the Latin Review Board.
Commissioner De Yurre.
Commissioner De Yurre: Does it have to be a particular architect or something like that, or
professional?
Vice Mayor Plummer: I think it's just a member of Coconut Grove, really.
Mr. Cesar Odio (City Manager): No. Somebody that lives... I think it should be someone that is
aware of that area, of the Latin Quarter. Latin Quarter.
Commissioner De Yurre: I would appoint Ruby Feria.
Mr. Odio: That's fine.
Vice Mayor Plummer: All right. Ruby Feria is the name put forth by Mr. De Yurre. Is there a
motion?
Commissioner Dawkins: Second.
Vice Mayor Plummer: Is there any other further discussion? Show a unanimous ballot.
September 28,1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-689
A RESOLUTION APPOINTING AN INDIVIDUAL TO SERVE AS A MEMBER OF
THE LATIN QUARTER REVIEW BOARD TO FILL THE REMAINDER OF AN
UNEXPIRED TERM.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
NOTE FOR THE RECORD: At this point, agenda item 12
appointment tote I nternational Trade Board) was deferred,
----------------------------------------------------------------------------------------------------------------
29. ACCEPT CITY CLERK'S CERTIFICATION / DECLARATION OF
ELECTION HELD JULY 27, 1995 -- CONFIRM APPOINTMENT OF ROSA
M. GREEN, REBECCA JEFF, TRENESE TURNER, AND MARY WILLIAMS
TO THE OVERTOWN ADVISORY BOARD.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: All right, item 13. The City's...
Commissioner Dawkins: Move it.
Vice Mayor Plummer: The City Clerk certification and direction of the election held on July 27,
1995.
Commissioner Gort: Second,
Vice Mayor Plummer: OK. Any discussion? Show a unanimous ballot.
97 September 28, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-690
A RESOLUTION, WITH ATTACHMENT, ACCEPTING THE CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE ELECTION HELD ON JULY 27,
1995 IN WHICH CERTAIN INDIVIDUALS WERE ELECTED TO SERVE AS
BOARD MEMBERS OF THE OVERTOWN ADVISORY BOARD.
(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
----------------------------------------------------------------------------------------------------------------
30. FORMALIZE APPOINTMENT OF VICE MAYOR J.L. PLUMMER, JR. AS A
MEMBER OF THE BOARD OF DIRECTORS OF THE PERFORMING ARTS
CENTER TRUST (PACT).
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 14, formalizing the appointment of J.L....
Commissioner Gort: I nominate J.L. Plummer.
Vice Mayor Plummer: Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Plummer: Any further discussion? Show it unanimous.
98 September 28, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-691
A RESOLUTION FORMALIZING THE APPOINTMENT OF VICE -MAYOR J.L.
PLUMMER, JR. AS A MEMBER OF THE BOARD OF DIRECTORS OF THE
PERFORMING ARTS CENTER TRUST (PACT) FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
NOTE FOR THE RECORD: At this point, agenda item 15
appointmentto Planning Ovisory Board) was deferred.
----------------------------------------------------------------------------------------------------------------
31. APPOINT INDIVIDUALS TO SERVE ON THE COMMISSION ON THE
STATUS OF WOMEN. [Appointed were: Eugenia Tynes, Marian M. Smith,
Josefina Sanchez Pando, Jacqui Love Marshall and Diane James.]
Vice Mayor Plummer: Sixteen, has anybody got anything further on 16?
Commissioner Dawkins: No.
Commissioner Gort: You already have mine, right?
Commissioner Dawkins: Mm-hmm.
Vice Mayor Plummer: Nothing further. Item 17, Status of Women. I see the lady hiding behind
the TV is going to have something to say very quickly. Yes, ma'am.
Ms. Betty Kaynor: You have a memo with the reappointment...
Vice Mayor Plummer: I'll first accept your name and mailing address.
99 September 28,1995
1
(1
l Ms. Kaynor: Oh, I'm Betty Kaynor. I'm sorry. Betty Kaynor, and I'm the Director on the
I Commission on the Status of Women for the City. My address is 2600 South Bayshore Drive.
Vice Mayor Plummer: You have in your...
Commissioner Dawkins: Give us the four names, Betty, please.
Ms. Kaynor: The four names are a reappointment of Eugenia Tynes, reappointment of Marian
Smith, and Diane James for our new appointment, and Jacqui Love Marshall.
Commissioner Dawkins: So move.
Commissioner Gort: Second.
Vice Mayor Plummer: OK.
Commissioner De Yurre: Well, time out, time out.
Vice Mayor Plummer: Time out.
Commissioner De Yurre: I have my appointment.
Vice Mayor Plummer: OK. Commissioner De Yurre.
Commissioner De Yurre: I appoint Josefina Sanchez-Pando.
Vice Mayor Plummer: OK. Anything further? Show a unanimous ballot.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-692
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN 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.)
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
100 September 28,1995
----------------------------------------------------------------------------------------------------------------
32. APPOINT ALEJANDRO R. DIAZ TO SERVE ON THE STREET
CODESIGNATION REVIEW COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Eighteen, receiving appointment of member of the Street Codesignation
Board, and to certain individuals to serve, Commissioner De Yurre and Gort.
Commissioner Gort: My appointment is Alejandro Diaz.
Vice Mayor Plummer: Alejandro Diaz.
Mr. Cesar Odio (City Manager): Commissioner... I'm sorry, Commissioner Gort, we received a
memo from you replacing Lucia Langerman with...
Commissioner Gort: Alejandro Diaz.
Mr. Odio: ... Humberto Pillon. That's what I had here on the records. Maybe I'm wrong.
Commissioner Gort: No. Humberto Pillon was in another...
Mr. Odio: No, this is 18, right?
Vice Mayor Plummer: OK.
Commissioner Gort: Yeah, I know, but that was changed.
Vice Mayor Plummer: That's changed?
Commissioner Gort: Yeah. Alejandro Diaz. I apologize.
Vice Mayor Plummer: Mr. De Yurre.
Commissioner De Yurre: I want to pass right now.
Vice Mayor Plummer: You'll pass until the next Commission meeting.
Commissioner Dawkins: Move, move the... move the nominations.
Vice Mayor Plummer: All right.
101 September 28, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-693
A RESOLUTION RESCINDING THE APPOINTMENT OF A MEMBER OF THE
STREET CODESIGNATION REVIEW COMMITTEE AND APPOINTING CERTAIN
INDIVIDUALS TO SERVE AS MEMBERS OF SAID COMMITTEE FOR THE
REMAINDER OF UNEXPIRED TERMS AS DESIGNATED HEREIN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
33. APPOINT INDIVIDUALS TO SERVE ON THE WATERFRONT ADVISORY
BOARD. [Appointed were: Cai Svendsen, John Brennan and Harry Horton
(alternate).]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: All right. Nineteen is taken care of. Twenty is Mayor Clark's and we'll
put that over until the next meeting. Twenty-one, to serve as alternate members of the Waterfront
Board. Dawkins, De Yurre and Gort.
Commissioner De Yurre: I've got Cai Svendsen. Cai Svendsen.
Vice Mayor Plummer: Cai Svendsen for Mr. De Yurre.
Commissioner Gort: John...
Commissioner De Yurre: Let me spell it. It's C-A-I, first name; last name, S-V-E-N-D-S-E-N.
Vice Mayor Plummer: OK. Commissioner Dawkins.
Commissioner Dawkins: I'll hold.
Vice Mayor Plummer: Pass till the next meeting. Gort.
Commissioner Gort: John Brennan.
Vice Mayor Plummer: John Brennan.
102 September 28, 1995
Commissioner Gort: Brennan.
Vice Mayor Plummer: OK. Now, let me ask you a question. Who's around here on that? Is
what's his name, the world famous guy, Bob Lewis...? Is Bob Lewis's appointment up or not?
Mr. Stuart Sorg: He's still on.
Vice Mayor Plummer: OK. Stuart, you want to be on?
Mr. Sorg: I'm on with Commissioner De Yurre.
Vice Mayor Plummer: De Yurre's got you on. Is there a recommendation on 21?
Commissioner Dawkins: Twenty-one?
Vice Mayor Plummer: Yes, a Commission at large.
Commissioner Dawkins: Wait a minute.
Vice Mayor Plummer: Huh?
Commissioner Dawkins: Who is the appointee for .Commissioner at large?
Vice Mayor Plummer: That's what I'm trying to find out.
Commissioner Dawkins: It says four needed. One, two, three, four...
Commissioner De Yurre: How about Harry over from the Shake -a -Leg Program.
Mr. Odio: He's a good... He's very involved in the waterfront, so that would be a good
appointment.
Vice Mayor Plummer: All right. What's his... You know his last name?
Commissioner De Yurre: Harry...
Vice Mayor Plummer: The Clerk will get his last name.
Commissioner De Yurre: ... Horton.
Mr.Odio: Shake -a -Leg.
Commissioner De Yurre: There we go.
Vice Mayor Plummer: OK.
Commissioner Gort: Second.
Commissioner Dawkins: Second.
Commissioner De Yurre: Horton.
Vice Mayor Plummer: All right. Show a unanimous ballot.
103 September 28, 1995
y
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 95-694
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE AS
MEMBERS AND AS AN ALTERNATE MEMBER OF THE WATERFRONT
ADVISORY 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.)
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
NOTE FOR THE RECORD: At this point, agenda item 22
appo ntment to Zoning Board was deferred.
----------------------------------------------------------------------------------------------------------------
34. CLAIM SETTLEMENT: CARMEN, JAMES AND DENISE HARRIS
($200,000).
----------------------------------------------------------------------------------------------------------------
Mr. Odio: J.L., we have some regular items that were not taken up.
Vice Mayor Plummer: All right. What items not taken up?
Mr. Odio: I think 30, 31...
Vice Mayor Plummer: Thirty. Is there any...
Mr. Odio: ... 32, 33.
Vice Mayor Plummer: All right. I'm going to ask 30 to be deferred.
Commissioner Dawkins: Thirty?
Vice Mayor Plummer: Yes, sir.
104 September 28, 1995
A. Quinn Jones, III, Esq. (City Attorney): Commissioner, I want to ask that you take it up
because this is... this is... This was pursuant to a... We're at trial and whatever, and of course,
we're under a timetable. If you don't approve it, I've got to get ready to gear up and go back to
trial and try the case.
Vice Mayor Plummer: Well, I've got a lot of questions on this.
Mr. Odio: J.L., why don't you pass it, and he'll answer all the questions.
Vice Mayor Plummer: Subject to?
Mr. Jones: Yeah. I'll answer any questions.
Vice Mayor Plummer: OK. All right.
Commissioner Gort: Second.
Vice Mayor Plummer: All right. We'll move it, then, subject to any Commissioner objecting
within... Next Tuesday, it would be rezoned for the next Commission meeting.
Commissioner Dawkins: OK. Now, it says here that we're going to pay two hundred thousand
dollars in four years.
Vice Mayor Plummer: Yes, sir.
Commissioner Dawkins: OK?
Vice Mayor Plummer: Can I ask a favor? Are the people here from these TVs, to get these TVs
off? They're distracting because they're rolling. Is there some...
Commissioner Dawkins: They're only to you?
Vice Mayor Plummer: Huh?
Commissioner Dawkins: They're only distracting to you. They're not worrying the rest of us.
Vice Mayor Plummer: OK. Well, then, I would ask they be turned off. Thank you. Go ahead.
Commissioner Dawkins: OK. Well, speak for yourself.
Vice Mayor Plummer: Well, your head is rolling also, if you don't shut up.
Mr. Odio: You want me to show the Simpsons? That way you can go faster here.
Commissioner Dawkins: You know... So, J.L., you're saying that the first payment can be made
if neither one of us objects? What are you saying?
Vice Mayor Plummer: What we're saying is that if no one objects, by next Tuesday at five p.m.,
the matter is resolved and settled out of court as by the City Attorney. If one of us or any one of
us object to it, it would be carried over to the next meeting.
Commissioner Dawkins: And at the next... By the next meeting, Mr. City Attorney, will we be
back in court?
105 September 28, 1995
Mr. Jones: Well, that's why I'm asking for approval now. That was... I mean, we were in the
process of trial and negotiated a settlement subject to Commission approval.
Commissioner Dawkins: You can only advise us, you can't force us to do nothing.
Mr. Jones: Yeah.
Commissioner Dawkins: Move the item as J.L. said.
Vice Mayor Plummer: OK. Commissioner, I... Let me go on the record There's a lot of things
here that I've been told that I need to know for certain, and I'm not going to go on the record
today right now. I want to reserve that till the conversation with the City Attorney. But I think
that there are some very far-reaching, precedent -setting things that if this... we do buckle under,
that in the future, is going to be absolutely devastating to this City. Now, I hope I'm wrong, and
I hope the City Attorney can convince me that I'm wrong, but I just want to make very, very
certain that this action does not crop up a lot of other actions that could be a lot bigger and a lot
worse.
Mr. Jones: Commissioner, I'll be happy to sit down with you, and I think you've perhaps gotten
some misinformation and...
Vice Mayor Plummer:.I hope I did.
Mr. Jones:... and perhaps some un...
Vice Mayor Plummer: If I did, I'll be the first to admit it, OK?
Mr. Jones: OK.
Commissioner Dawkins: OK. Move with the stipulations put in by Commissioner Plummer.
Vice Mayor Plummer: Any objection to that?
Commissioner Gort: Second.
Vice Mayor Plummer: Show it unanimous.
106 September 28, 1995
_-J
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-695
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
CARMEN HARRIS, A MINOR, JAMES HARRIS AND DENISE HARRIS, LEGAL
GUARDIANS, PLAINTIFFS, THE SUM OF $200,000.00, IN PERIODIC PAYMENTS
OVER FOUR FISCAL YEARS 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. 92-14811 CA (30); 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.)
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
--------------------------------------------------------------------------------
35. ACCEPT BID: SOVEREIGN CONSTRUCTION GROUP, INC. -- FOR THE
N.W. 50 STREET 12-INCH WATER MAIN PROJECT, B-4585 -- ALLOCATE
$77,580.90 (CONTRACT COST), $12,419.10 (ESTIMATED EXPENSES),
TOTALING $90,000 (CIP 331391).
Vice Mayor Plummer: Item 31.
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Accepting the bid of the Sovereign Construction Group for seventy-
seven thousand five hundred and eighty dollars and ninety cents ($77,580.90). Moved by
j Dawkins. Seconded by?
Commissioner Gort: Gort.
Vice Mayor Plummer: It's a resolution. Is there any objection? Hearing none, show it
approved.
Mr. Cesar Odio (City Manager): Now we can have water in your pool, Commissioner.
107 September 28, 1995
L
Vice Mayor Plummer: Whose pool?
Mr.Odio: Hadley...
Vice Mayor Plummer: Wait a minute. That's a conflict of something. An aqua conflict.
Commissioner Dawkins: Ha -ha-ha.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-696
A RESOLUTION ACCEPTING THE BID OF SOVEREIGN CONSTRUCTION
GROUP, INC., IN THE PROPOSED AMOUNT OF $77,580.90, TOTAL BID OF THE
PROPOSAL, FOR THE "N.W. 50 STREET 12-INCH WATER MAIN PROJECT, B-
4585" (SECOND BIDDING); ALLOCATING FUNDS THEREFOR FROM PROJECT
NO. 331391 AS APPROPRIATED BY THE FISCAL YEAR 1994-95 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, AS AMENDED, IN THE AMOUNT OF
$40,000 AND FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
PROJECT NO. 702404, IN THE AMOUNT OF $50,000, TO COVER THE
CONTRACT COST OF $77,580.90, AND ESTIMATED EXPENSES OF $12,419.10,
FOR AN ESTIMATED TOTAL COST OF $90,000.00; 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
-------------------------------------------------- -------------------------------------------------------------
36. CODESIGNATE N.W. 14 STREET FROM N.W. 10 AVENUE TO N.W. 14
AVENUE AS: JOHN B. MOBLEY WAY.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Codesignation of 14th Street from the John Mobley Way from North...
Commissioner Dawkins: Who is John Mobley?
Vice Mayor Plummer: Who is John Mobley? Hello?
Mr. Cesar Odio (City Manager): Mr. Mobley... Jack, can you tell them?
108 September 28, 1995
L
Mr. Jack Luft: Yes.
Vice Mayor Plummer: Excuse me. I... Before ,you say that, so it won't be detrimental to Mr.
Mobley...
Mr. Odio: Well, let me say on the record, John Mobley was an essential part of our community,
making Miami his home for 50 years.
Commissioner Dawkins: What did he do, other than living in Miami for 50 years?
Mr. Odio: Mr. Mobley was held in the highest esteem by all. We knew him for his contribution
to the creation of Little League baseball in Florida...
Commissioner Dawkins: OK. So... All right. So move.
Mr. Odio: ... as well as the National and Miami Mounted Police Detail, and the Hungarian...
Commissioner Dawkins: So moved. I just needed to know what he did.
Mr. Odio: ... Relief Fund.
Vice Mayor Plummer: All right. Excuse me. Did not this Commission set a policy that we
were no longer going to name anything over one block for any given individual? One
intersection and one block.
Mr. Odio: Well, this is from 14th Avenue to... from 10th to 14th.
Mr. Jim Kay: Five blocks.
Vice Mayor Plummer: That's four blocks.
Mr. Kay: Five blocks.
Commissioner Dawkins: That's four. That's four blocks.
Mr. Odio: Well, when you die, we'll name five.
Vice Mayor Plummer: Did we not... Yeah, if they'll do it tomorrow. Did we not make a policy
of one block and one intersection?
Mr. Kay: No, it was five blocks.
Vice Mayor Plummer: OK. If that's the case, then we play IT by the rules.
Commissioner Gort: You moved it?
Commissioner Dawkins: Yes.
Commissioner De Yurre: Moved.
Commissioner Gort: Second.
Vice Mayor Plummer: Second. Anybody in objection? Show it approved.
109 September 28, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-697
A RESOLUTION CODESIGNATING NORTHWEST 14TH STREET FROM
NORTHWEST 10TH AVENUE TO NORTHWEST 14TH AVENUE, MIAMI,
FLORIDA, AS "JOHN B. MOBLEY WAY"; FURTHER, DIRECTING THE CITY
MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT
A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED AGENCIES.
(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
----------------------------- ---------------------------------------------------------------------------------
37. WAIVE FORMAL COMPETITIVE BIDS FOR EMERGENCY RENOVATION
/ REPLACEMENT OF DOCKS AT LEGION AND MORNINGSIDE PARKS --
ALLOCATE FUNDS FROM TWO GRANTS OF $45,000 EACH FROM
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, OFFICE OF WATERWAY MANAGEMENT (CIP 331312
AND 331338).
Vice Mayor Plummer: I will move the adjournment of the morning meeting and prior to going
into the Zoning meeting, we will take up any and all pocket items.
Commissioner De Yurre: So moved.
Commissioner Gort: Oops, wait a minute.
Vice Mayor Plummer: OK? Mr. De Yurre, pocket items.
NOTE FOR THE RECORD: At this point, Commissioner De Yurre
read the resolution into the record.
Vice Mayor Plummer: Is there a second?
110 September 28, 1995
Commissioner Dawkins: Second.
Vice Mayor Plummer: Mr. Manager, are you in accord?
Mr. Cesar Odio (City Manager): Yes.
Vice Mayor Plummer: Is that an ordinance or a resolution?
Commissioner De Yurre: Res.
Vice Mayor Plummer: I'm sorry?
Commissioner De Yurre: Res., resolution.
Vice Mayor Plummer: All right. Is there any objection? Show it unanimous.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-698
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE CITY
COMMISSION, WAIVING FORMAL COMPETITIVE BIDDING PROCEDURES
FOR THE EMERGENCY RENOVATION/REPLACEMENT OF DOCKS AT LEGION
AND MORNINGSIDE PARKS; AUTHORIZING THE CITY MANAGER TO
PROCEED WITH THE AWARD OF A CONTRACT, IN AN AMOUNT NOT TO
EXCEED $90,000 AND IN AS PRACTICABLE AND EXPEDITIOUS A MANNER
AS POSSIBLE; ALLOCATING FUNDS THEREFOR FROM TWO (2) GRANTS, IN
THE AMOUNT OF $45,000 EACH, AWARDED BY THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF WATERWAY
MANAGEMENT, FOR CAPITAL IMPROVEMENT PROJECT NOS. 331312 AND
331338.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
111 September 28, 1995
_-1
----------------------------------------------------------------------------------------------------------------
38. DISCUSSION CONCERNING PORT OF MIAMI EXPANSION.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Your next item, Mr. De Yurre.
Commissioner De Yurre: The second is, I just want to bring you up to speed on the negotiations
that are taking place with the port expansion. We have been working at this, as you well know,
for well over two years, and we have a 104-page document that is being finalized as we speak.
Hopefully, next week, we'll be able to wrap it up. However, there are two issues that are
outstanding that may be deal -breakers, or certainly are drawing a lot... the most attention of
anything else that we have dealt with. One is the jurisdictional issue, which is, who is going to
have jurisdiction over this development? At this point in time, there is an agreement that
Building and Zoning will be in Miami's jurisdiction. However, the County of Dade wants, and
very strongly has stated that they want to have jurisdiction over police and fire. That's issue
number one. The second issue is, and we spoke about...
Vice Mayor Plummer: Wait, wait, wait. The County would have jurisdiction...
Commissioner De Yurre: That's what they're asking for at this time.
Vice Mayor Plummer: ... over police and fire in the City of Miami?
Commissioner De Yurre: On that property, just as...
Vice Mayor Plummer: No, no, no.
Commissioner De Yurre: J.L., listen, listen.
Vice Mayor Plummer: Well, OK.
Commissioner De Yurre: I know.
Vice Mayor Plummer: Yeah. Go ahead.
Commissioner De Yurre: OK? The second issue is the CPI (Consumer Price Index) increase
issue - CPI increase issue. As you well know, recently, we agreed with the County as far as the
garbage pick-up and disposition of our garbage, which included a five percent maximum CPI
increase annually. It was my understanding that when I voted for that, there was an accord with
the County that the same CPI increase that was applied to the garbage deal was going to be
applied to the port deal on our minimum guaranteed amount of two million dollars ($2,000,000)
a year that we're to receive from the County for the rental of the property. Now, and in fact,
yesterday, we met with the County Manager, Armando Vidal - Cesar Odio was with me; also,
Ms. Cuervo was with me - wherein Armando said that he had not agreed to anything of that
nature. I bring this to bear now, today, because tomorrow, we will be executing the agreement,
and actually entering into the agreement with the County that includes the five percent CPI on
the garbage end of the transactions that have taken place. Tomorrow, we have the closing of the
transfer station, which triggers the whole process. I mention this now, because if we're going to
feel that strongly, which I believe that we should have an equal amount of CPI on our deal, just
like the County has on theirs, that this may be the appropriate time to stop any execution of the
agreement until we resolve this in the next couple of weeks with the County. Then we'd be able
112 September 28, 1995
to proceed with the execution of our deal with them, with the Administration Building, the
parking garage, the transfer station, the two -lease agreement, the dust bowl and everything else.
But certainly... And when we're thinking about this, maybe we can go ahead and do certain
parts of those deals, but if it ties into CPI increase already, then that's one chip that we won't
have on our side to negotiate with the County, as far as the port is concerned.
Vice Mayor Plummer: Well, let me just... from one, one consideration. I will not vote to allow
them to do police and fire within my City limits, OK? That's out. OK? We're there. Second of
all, I would expect thaj they would treat us fairly with the CPI, as they're treating themselves,
' �"'"Fi " and[Y viioul'd s6ifle for nothing less. The one area that's still have of concern is the ten year option
for the second portion or the "B" portion. I think that has to be spelled out a lot clearer than I
saw it in the previous documents. My other concern happens to be why there is a pedestrian
bridge over to Bayside in the amount of approximately twelve million dollars ($12,000,000).
That pedestrian bridge is benefiting Bayside, and I think that's great. But I think the person that
it's benefiting should be the one who is paying for it, and I don't know why the County should .. _....
be having to put up the money, or deleting the money from our aspect of what we're entitled to.
So if Bayside thinks that that's important - and I think it is, maybe, to them - then I think they
should be paying for the pedestrian bridge. Now...
Mr. Cesar Odio (City Manager): Commissioner, on the bridge, may I...
Vice Mayor Plummer: Sure, you can.
Mr. Odio: Because you need to remind... remind you that we get a percentage of the sales in
Bayside. The more they sell, the better off we are. If you're going to have five or six million
visitors coming to the port, and they cross that bridge and buy, our rent will go up.
Vice Mayor Plummer: They don't do it now, Mr. Manager. They don't do it now. Now, maybe
Bayside wants to come in and pay half. I might consider it. But right now, as I understand it,
Commissioner De Yurre, they're not paying anything for that pedestrian bridge.
Commissioner De Yurre: And in fact, in fact, there's an issue that we have to deal with them
next week, because they retain the rights of a strip along the side of the roadway leading into the
existing port, and that is a strip that they want to see exactly what's going to be built there,
because they don't... They would not like to have any competition from a similar type of facility
or development being built onto the port expansion that we're working on. But that is something
that if... That's something we're going to have to deal with them next week to negotiate that
scenario.
Vice Mayor Plummer: Well, I think, you know, at this particular point, they're asking us to
dance with them. We didn't ask them to dance with us. And as a former Mayor of this
community used to say, "If you want to dance, you better ask." And as far as I'm concerned,
we're in the driver's seat. They need us. We're not necessarily looking for them. I don't want
to be detrimental. I want to see the port expand, but I am not going to let my taxpayers who paid
for that property take a shellacking for their benefit. So I'm just making...
Commissioner Dawkins: Well, I said from day one, you already gave them the port that the City
of Miami should have - been getting revenue on. And now, we're getting ready to give them
Bicentennial Park, which we should get revenue on. So, Commissioner De Yurre, it's two votes
not to give them police. That's mine and J.L., I know.
Vice Mayor Plummer: Commissioner, I still like the idea that we get five dollars ($5) per person
that goes on the boats. That's three million dollars a year. I believe there's three million people.
Five dollars ($5) a head ain't bad at all.
113 September 28, 1995
Commissioner Dawkins: But, you see, I agree with you, but I don't want to saddle
Commissioner De Yurre with something that we have not already given him.
Vice Mayor Plummer: Oh, I think that's why he's bringing it here.
Commissioner Dawkins: He's already working out certain parameters, whatever, that we
directed him to do. Now, let's don't add one and come up to works. You continue to work, but
fire and police I'm not giving up, and the...
Commissioner De Yurre: Five percent CPI.
Commissioner Dawkins: I'm not... I'm not... I'm not giving that.
Commissioner De Yurre: We're sticking to that.
Commissioner Dawkins: Yes.
Vice Mayor Plummer: We'll send you, Victor, a big sticker.
Commissioner De Yurre: OK.
Vice Mayor Plummer: —Commissioner De Yurre... _
Commissioner De Yurre: Well, Commissioner Gort.
Vice Mayor Plummer: I'm sorry, Commissioner...
Commissioner Dawkins: Well, wait, now. Commissioner Gort has to say something, J.L.
Commissioner Gort: Well, you know...
Vice Mayor Plummer: Proceed.
Commissioner Gort: You guys have been here for a long time...
Vice Mayor Plummer: No, I thought... I was trying to turn him over to his...
Commissioner Gort: I'd like to ask a few questions. And we have inherited a lot of problems in
here, and we're trying to fix a lot of these problems. Now, my understanding, your motion,
Commissioner, is that we want the same treatment that we receive with the five percent...
Commissioner De Yurre: Well, it's not a motion. I just want to get feedback so when I go back
to the table...
Commissioner Gort: OK. We're not making a motion. What we're telling them is this is what
we want.
Vice Mayor Plummer: Go on.
Mr. Odio: I asked the Mayor today, Commissioner, to call the County Manager, since the
County Manager, when we met in the Mayor's office about two months ago, I think - I don't
remember the time - recently. The question of CPI came up, and he said that it was acceptable.
He said to the Mayor today that it's definitely on the table to be discussed when we meet and go
over the whole agreement next week, I hope. So I am confident that...
114 September 28, 1995
Commissioner Dawkins: Mr. Vice Mayor, I have to say to Commissioner De Yurre, the present
County Manager is correct, he was not there when this was initiated. In my opinion, he is not
obligated to follow through with nothing that anybody else promised us, so you must negotiate
from that position that...
Commissioner De Yurre: No. He was the one that promised. He was there. Vidal was the one
that said it, according to Mr. Odio.
Vice Mayor Plummer: OK.
Commissioner De Yurre: OK? I just want to bring that to bear so that we're aware of where
we're at right now. Thank you.
Vice Mayor Plummer: See right, thank you.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
39. (A) COMMISSIONER DAWKINS INQUIRES ABOUT POSSIBLE
CONTAMINATION AT FP&L SITE -- FINAL REPORT DUE THIS
WEEK.
(B) ACCEPT ENVIRONMENTAL ASSESSMENT STATUS REPORT ON
KNIGHT MANOR HOMES BY DAMES & MOORE -- AUTHORIZE
MANAGER TO ALLOCATE $2 MILLION TO THE URBAN
LEAGUE AND LHL HOUSING CORPORATION FOR
CONSTRUCTION OF TOWNHOUSES WITH GARAGES WITHIN
PROPOSED MODEL CITY SITE.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Commissioner Dawkins, on pocket items.
Commissioner Dawkins: OK. Mr. Manager, is there soil contamination at the FPL (Florida
Power and Light) site?
Mr. Cesar Odio (City Manager): As of right now, no.
Commissioner Dawkins: OK.
Mr. Odio: First, the borings that we requested were done. They are right now in the lab. The
initial indication is that there is not. We will have a final report this week. If there is, then it has
to be cleared up before we close.
Commissioner Dawkins: All right. When we discussed the Knight Manor Project, we said that
there. was soil contamination. Did you check?
Mr. Odio: Sir, I have not.
Commissioner Dawkins: OK. I had... We have a check, and it says here: Status report, phase
two, environmental assessment, Knight Manor Homes. And Dames and Moore, Inc. is pleased
to present this phase two environmental assessment, which says that: Preliminary laboratory data
indicates that the subject property has not been environmentally impacted within surficial zone.
However, tetrachlorine was detected at six point eight milligrams per gram, located off -site. So
if you will accept this, Mr. Manager, as confirming that there's no contamination...
115 September 28, 1995
Mr. Odio: Yes, we... I have not seen that, Commissioner, but I will accept the fact that we gave
those people fifty thousand dollars ($50,000) to do the testing, and if they come in clean, that's
fine with us. It's acceptable.
Commissioner Dawkins: Well, that's what this said. All right. So if that's the case, I so move
that at the next Commission meeting, the two million dollars be made available for them to start
the homes, so that we can get into them immediately, Mr. Manager.
Mr. Odio: You could do it now, if you so choose...
Commissioner Dawkins: OK. All right.
Mr. Odio: ... since it was an agenda scheduled in the last Commission.
Commissioner Dawkins: All right. I so move that...
Commissioner Gort: Second.
Commissioner Dawkins: ... it's the... that the two million be made available, and that Mr. Fair
sit down with the Manager and work out where we're going to put the money, how you're going
to put it, what account and what have you, and start so that we can break ground on those homes
as quickly as possible. Would you agree, Mr. Manager?
Vice Mayor Plummer: And I would hope that Mr. Fair would remember my comments, if any
way possible.
Commissioner Dawkins: Seconded by Commissioner Gort.
Vice Mayor Plummer: Is there any further discussion? Hearing none, it's unanimous.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-699
A MOTION ACCEPTING THE ENVIRONMENTAL ASSESSMENT STATUS
REPORT ON KNIGHT MANOR HOMES BY DAMES & MOORE; FURTHER
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ALLOCATE AN
AMOUNT OF $2 MILLION TO THE URBAN LEAGUE FOR CONSTRUCTION OF
TOWNHOUSES WITH GARAGES WITHIN THE PROPOSED SITE IN MODEL
CITY; FURTHER REQUESTING REPRESENTATIVES OF THE URBAN LEAGUE;
DURING THE INTERIM, TO SIT DOWN WITH THE MANAGER TO ASCERTAIN
WHERE SAID MONIES WOULD BE PLACE IN CONNECTION WITH SAID
PROJECT.
116 September 28, 1995
. j
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
----------------------------------------------------------------------------------------------------------------
40. WAIVE FEES IN CONNECTION WITH THE FIRST LATIN QUARTER
ARTS FESTIVAL (OCTOBER 22, 1995).
f
Vice Mayor Plummer: Mr. Dawkins, you have any other pocket items? Mr. Dawkins, any other
pocket items?
Commissioner Dawkins: No, you got one.
Vice Mayor Plummer: I got a lot of them.
Commissioner Dawkins: Well, go ahead with it. Go ahead.
Vice Mayor Plummer: Mr. Gort.
Commissioner Gort: I have two.
Vice Mayor Plummer: Sir, they're yours. You want... You keep your mouth shut or I'm going
to throw them in the trash can. Mr. Gort.
Commissioner Gort: I would like to bring out the pocket item of the Latin Quarter Art Festival,
which will take place Sunday, October 22, 1995. They're requesting the waiver of fee for all
City permits. My understanding is it comes out to about five hundred dollars ($500).
Mr. Cesar Odio (City Manager): That's all?
Commissioner Gort: That's it.
Mr. Odio: OK.
Commissioner Dawkins: So move - I mean second.
Vice Mayor Plummer: All right.
117 September 28, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-700
A RESOLUTION RELATED TO THE FIRST LATIN QUARTER ARTS FESTIVAL
TO BE CONDUCTED ON SUNDAY, OCTOBER 22, 1995; WAIVING ALL
WAIVABLE FEES AS PERMITTED BY THE CITY CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED; SAID AUTHORIZATION SUBJECT TO THE
ORGANIZERS PAYING FOR ALL OTHER NECESSARY COSTS OF CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID EVENT AND
OBTAINING ALL NECESSARY PERMITS AND INSURANCE TO PROTECT THE
CITY IN THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
_ Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
41. APPROVE USE OF BERMELLO, AJAMIL & PARTNERS, ARCHITECTS, IN
CONNECTION WITH NECESSARY INTERIOR DESIGN WORK IN FP&L
BUILDING.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Are you ready? Here we go. I'm going to make these as quick as
possible. A resolution relating to the...
Commissioner Gort: I'm not...
Vice Mayor Plummer: What?
Commissioner Gort: Excuse me, sir. I'm not finished yet.
Vice Mayor Plummer: I'm sorry.
Commissioner Gort: This one comes from the Administration.
Vice Mayor Plummer: What is this?
Mr. Cesar Odio (City Manager): The architect.
118 September 28, 1995
L _J
Commissioner Gort: This is the pocket item concerning the Ajamil and partner... that's for the
attorney.
Vice Mayor Plummer: Did you do this one?
Mr. Odio: I thought that I had included that when the... Bermello, Ajamil and Partners,
Architects, to do the work inside the FP&L (Florida Power and Light) Building. We... I thought
we had approved that when I asked for the... but it wasn't, so I'd like to...
Vice Mayor Plummer: Hello?
Mr. Odio: We had to bring it back up, according to the City Clerk.
Vice Mayor Plummer: Hello? "Oye," Miller, Victor, hello.
Commissioner De Yurre: Yes.
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: I'm getting this "I should change my deodorant" feeling.
Commissioner Dawkins: I believe you should.
Vice Mayor Plummer: All right. Are you finished?
Commissioner Gort: Yes, sir.
Vice Mayor Plummer: All right. A resolution related to Carnaval 1995 event to conduct the
Caribbean/Miami October 6 through 81995...
Mr. Odio: You didn't pass the architect.
Vice Mayor Plummer: Which? What?
Mr. Odio: The architect that he brought up.
Commissioner Gort: Moved it.
Vice Mayor Plummer: Is there a second?
Commissioner Dawkins: Second.
Vice Mayor Plummer: Is there any discussion? Show it unanimous. This is a hell of a way to
run an airline around here.
119 September 28, 1995
-1
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.95-701
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
BERMELLO, AJAMIL & PARTNERS, TO PROVIDE ARCHITECTURAL,
ENGINEERING, DESIGN, AND CONSTRUCTION ADMINISTRATIVE SERVICES
FOR THE NEW CITY ADMINISTRATION BUILDING IN AN AMOUNT NOT TO
EXCEED $93,752; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 311402.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
120 September 28, 1995
--------------------------------------- ------------------------------------------------------------------------
42. GRANT REQUEST BY CARIBBEAN CANBOULAY MIAMI, INC. FOR FEE
WAIVER AT COCONUT GROVE EXHIBITION CENTER AND
BICENTENNIAL PARK IN CONNECTION WITH THE CANBOULAY
FESTIVAL 1995 EVENT (OCTOBER 6-8, 1995) -- PROVIDE IN -KIND
SERVICES: (1) $42,000 AT BICENTENNIAL PARK, AND (2) $8,000 AT
EXHIBITION CENTER.
Vice Mayor Plummer: Now, does anybody else have, before I start this liturgy here? OK? I so
move.
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
rea s the resolution into the record.
Commissioner Dawkins: Second.
Vice Mayor Plummer: 'Any discussion? Hearing none, show it unanimous.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-702
A RESOLUTION RELATED TO THE "CANBOULAY 1995" EVENT TO BE
CONDUCTED BY CARIBBEAN CANBOULAY MIAMI, INC., OCTOBER 6
THROUGH 8, 1995, AT THE COCONUT GROVE EXHIBITION CENTER AND
BICENTENNIAL PARK; WAIVING ALL WAIVABLE FEES AS PERMITTED BY
THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; FURTHER,
DIRECTING THE CITY MANAGER TO PROVIDE IN -KIND SERVICES IN AN
AMOUNT NOT TO EXCEED $42,000 FOR THE FESTIVAL TO BE HELD AT
BICENTENNIAL PARK AND $8,000 FOR THE EVENT TO BE HELD AT THE
COCONUT GROVE EXHIBITION CENTER; SAID WAIVERS AND
AUTHORIZATIONS CONDITIONED UPON SUCH 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.)
121 September 28, 1995
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
--------------------- ------------------------------------------------------------------------------------------
43. AMEND 95-647, WHICH ALLOCATED $100,000 TO BORINQUEN HEALTH
CARE CENTER, INC. FOR PURCHASE OF MAMMOGRAPHIC
EQUIPMENT -- PROVIDE FOR NEW GRANT AND ALLOCATE FUNDS
($100,000) FROM CDBG, TO MEET PAYROLL.
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
reads the resolution into t o record.
Vice Mayor Plummer: A resolution... Resolution Number 95-647, adopted September 14, '95,
which allocated a hundred thousand to Borinquen Health Clinic Center...
Commissioner Dawkins: No.
Vice Mayor Plummer: Mr. Castaneda.
Mr. Cesar Odio (City Manager): Castaneda.
Vice Mayor Plummer: Mr. Castaneda.
Mr. Odio: When are you going to learn Spanish?
Vice Mayor Plummer: You have recommended this, sir?
Mr. Frank Castaneda: Yes.
Mr. Odio: He has recommended it.
Vice Mayor Plummer: He recommends it. I move it. Is there a second?
Commissioner Dawkins: I call the rule, five-day rule. I move it, I move it.
Vice Mayor Plummer: God help you if you get sick tonight.
Commissioner Dawkins: I move it.
122 September 28, 1995
Vice Mayor Plummer: Because I'll invoke the rule on burying you for five days. Is there any
other thing for the... Is there any other discussion?
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 95-703
A RESOLUTION AMENDING RESOLUTION NO. 95-647, ADOPTED SEPTEMBER
14, 1995, WHICH ALLOCATED $100,000 TO BORINQUEN HEALTH CARE
CENTER, INC., (BHCC) FOR THE PURCHASE OF MAMMOGRAPHIC
EQUIPMENT, THEREBY CHANGING THE USE OF SAID FUNDS FOR THE
PURCHASE OF NEW COMPUTER EQUIPMENT; PROVIDING FOR A NEW
GRANT IN THE AMOUNT OF $100,000 TO PROVIDE EMERGENCY FINANCIAL
RELIEF TO BHCC AND ALLOCATING FUNDS THEREFOR FROM COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS; AUTHORIZING THE CITY MANAGER
TO ENTER INTO A GRANT AGREEMENT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH BHCC IN THE AMOUNT OF $100,000 FOR THIS
PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO IMMEDIATELY
RELEASE $100,000 AS AN EMERGENCY MEASURE TO MEET PAYROLL.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
44. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO CLOSE
BICENTENNIAL PARK TO THE PUBLIC (SEPTEMBER 29 FOR 9 DAYS) --
TO PREPARE FOR THE CARIBBEAN CARNIVAL (OCTOBER 8, 1995).
Vice Mayor Plummer: A resolution authorizing the Bayfront Park Management Trust to close
Bicentennial Park to the general public...
Commissioner Dawkins: Move it, move it.
Vice Mayor Plummer: ... beginning September 29, 1995 for a period not to exceed 39 days to
prepare for the Caribbean Carnival on October the 8th, 1995.
Commissioner Dawkins: Move it.
123 September 28, 1995
1`
Ii
II
i
Vice Mayor Plummer: Moved by Dawkins, seconded by Gort. Is there any discussion? Hearing
none, show it unanimous.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-704
A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST TO CLOSE BICENTENNIAL PARK TO THE GENERAL PUBLIC FOR A
PERIOD OF TIME, NOT TO EXCEED NINE DAYS BEGINNING ON SEPTEMBER
29, 1995, TO PREPARE FOR THE CARIBBEAN CARNIVAL TO BE HELD
OCTOBER 8,1995.
(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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
45. ACCEPT PROPOSAL: PERSONNEL ONE, INC. -- FOR PROVISION OF
PAYROLL AND PERSONNEL SERVICES TO BAYFRONT PARK
MANAGEMENT TRUST.
----------------------------------------------------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
read the resolution into the record.
Vice Mayor Plummer: Moved by Dawkins, seconded by Gort. Is there any further discussion?
Show it unanimous.
124 September 28, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-705
A RESOLUTION ACCEPTING THE PROPOSAL OF PERSONNEL ONE, INC., FOR
THE PROVISION OF PAYROLL AND PERSONNEL SERVICES TO THE
BAYFRONT PARK MANAGEMENT TRUST (TRUST); AUTHORIZING THE
EXECUTIVE DIRECTOR OF THE TRUST TO EXECUTE AN AGREEMENT WITH
PERSONNEL ONE, INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
FOR THIS PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by 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
----------------------------------------------------------------------------------------------------------------
46. WAIVE REQUIREMENTS FOR COMPETITIVE BIDS -- APPROVE
EMERGENCY INSTALLATION OF SECURITY SYSTEM IN BAYFRONT
PARK, BY: INNER CITY ELECTRIC -- ALLOCATE $30,000 (FROM
BAYFRONT PARK MANAGEMENT TRUST'S GENERAL OPERATING
BUDGET).
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
read the resolution into the record.
Vice Mayor Plummer: Moved by Dawkins, seconded by Gort...
Commissioner Dawkins: I move to deny! I move to deny!
Vice Mayor Plummer: Is there any further discussion? Show it unanimous.
Commissioner Dawkins: I move to deny!
125 September 28, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-706
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION, WAIVING THE REQUIREMENTS FOR COMPETITIVE
SEALED BIDS, AND APPROVING THE EMERGENCY INSTALLATION OF A
SECURITY SYSTEM IN BAYFRONT PARK BY INNER CITY ELECTRIC FOR
BAYFRONT PARK MANAGEMENT TRUST (TRUST); ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $30,000, FROM THE TRUST'S
GENERAL OPERATING BUDGET; AUTHORIZING THE TRUST TO EXECUTE A
CONTRACT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH
INNER CITY ELECTRIC 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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
47. AFFIRM MANAGER'S NEW CELLULAR TELEPHONE POLICY --
CLASSIFY SAID TELEPHONES AS CATEGORY "A" SURPLUS STOCK --
AUTHORIZE MANAGER TO DIRECT -SELL SURPLUS TELEPHONES
(WITH BATTERIES / CHARGERS / OTHER ATTACHMENTS) TO CITY
EMPLOYEES FOR $100.00 -- EXECUTE RELEASE DOCUMENTS.
Vice Mayor Plummer: Pocket item, Bermello, Ajamil and Partners, entering into a contract with
that firm for ninety-three thousand seven hundred and fifty-two to clarify the City's
authorization... That's been done. A proposed resolution to sell cellular units for one hundred
dollars ($100) to the City employees on stipends. Moved by Commissioner Dawkins, seconded
by Gort. Is there any further discussion? Call the roll.
126 September 28, 1995
L
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-707
A RESOLUTION AFFIRMING THE CITY MANAGER'S NEW CELLULAR
TELEPHONE POLICY, THEREBY CLASSIFYING ALL CITY -OWNED CELLULAR
TELEPHONES CURRENTLY USED BY CERTAIN EMPLOYEES AS CATEGORY
"A" SURPLUS STOCK AND PROVIDING, IN LIEU THEREOF, A CELLULAR
PHONE STIPEND TO SAID EMPLOYEES; AUTHORIZING THE CITY MANAGER,
OR HIS DESIGNEE, TO SELL SAID SURPLUS CELLULAR TELEPHONES,
INCLUDING BATTERIES, CHARGERS, AND OTHER ACCESSORIES TO
ELIGIBLE EMPLOYEES AT A PACKAGE PRICE OF $100.00 EACH, UPON THE
EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner 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
------- --------------------------------------------------------------------------------------------------------
48. AUTHORIZE MANAGER TO EXECUTE AGREEMENT WITH KISKINIS
COMMUNICATIONS TO PROVIDE MARKETING SERVICES RELATED
TO PROMOTION OF THE CENTENNIAL BRICK PROJECT AT BAYFRONT
PARK -- ALLOCATE FUNDS ($3 PER BRICK) FROM REVENUE
GENERATED BY SALE OF BRICKS.
----------------------------------------------------------------------------------------------------------
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
read the resolution into the record.
Vice Mayor Plummer: Any further discussion? Hearing none.
127 September 28, 1995
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-708
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH JOHN KISKINIS, FOR THE
PURPOSE OF PROVIDING MARKETING SERVICES RELATED TO THE
PROMOTION OF THE CENTENNIAL BRICK PROJECT AT BAYFRONT PARK;
REIMBURSEMENT FOR SAID SERVICES TO BE ON A COMMISSION BASIS AS
SPECIFIED IN SAID AGREEMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
49. (A) VICE MAYOR PLUMMER ASKS POLICE CHIEF WARSHAW
WHEN SIGNS WILL BE POSTED ON MAIN THOROUGHFARES
REQUESTING ACCIDENT VEHICLES TO MOVE OUT OF
TRAFFIC LANES, IN CONFORMANCE WITH STATE POLICY.
(B) CITY MANAGER ODIO CONGRATULATES CHIEF WARSHAW
ON MIAMI POLICE DEPARTMENT BECOMING NATIONALLY
ACCREDITED.
Vice Mayor Plummer: I think that's it.
Mr. Cesar Odio (City Manager): Thank God.
Vice Mayor Plummer: Thank God is right.
i
Mr. Odio: Can I say something, please?
Vice Mayor Plummer: I want to tell you, when I'm reincarnated, I want to go to the other end of
the dais.
Mr. Odio: OK, please do that. I want to...
Vice Mayor Plummer: Sir, I'm about ready to go into Zoning.
128 September 28, 1995
1.
Mr. Odio: I think it's important, since the Chief is here and I don't want him to leave...
Vice Mayor Plummer: Chief, when you're here, I'm glad you're here. I got one question to you,
sir.
Mr. Odio: No, no, please. This is important.
Vice Mayor Plummer: I got one question, please. Chief, I spoke to you some time ago, or
through the Manager to you. Today was a prime example. I asked about signs on main
thoroughfares, about minor fender benders. As we see on I-95 and we see on other areas,
accident cars move off of the moving lane of traffic. Chief, today, with a little bit of rain, 37th
Avenue and Dixie, 32 and Bird, I mean, minor, minor accidents. They wouldn't move. I saw
people were fighting each other. Why can't we do the same as the State and say, accident
vehicles, move out of the moving lane of traffic?
Chief Donald Warshaw: Right, the side, yeah. And Commissioner, you're right, and you know
we now have adopted the FHP (Florida Highway Patrol), the State policy, and I'll find out about
the signs.
Vice Mayor Plummer: Please. I mean, you know if that... the tie-up of traffic was phenomenal.
OK? Now, you wanted to say something.
Mr. Odio: OK. Mr. Police Chief, the second, I wanted to say, since the Chief is here, that we
have been going through a process of years to make the Miami Police Department a nationally
accredited department. We have been informed that after the public hearing that was held here
last week, the Miami Police Department is now going to be announced that it's a national
accredited department, and that has a lot of meaning, and the Chief got accreditation.
(APPLAUSE)
Chief Warshaw: Thank you. Thank you.
Vice Mayor Plummer: How much does that cost us? All right.
Mr. Odio: Well, it will save us some money, but...
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
UOMIDERATION OF THE REGULAR PORTION OF THE
AGENDA TO CONSIDER ITEMS FROM THE PLANNING AND
ZONING PORTION OF THE AGENDA.)
129 September 28, 1995
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th day of September, 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 6:31 p.m. by Vice Mayor J.L. Plummer, Jr. with the
following members of the Commission found to be present:
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
ALSO PRESENT:
Christina Cuervo, Assistant City Manager
Joel Maxwell, Deputy City Attorney
Walter J. Foeman, City Clerk
ABSENT: Maria J. Argudin, Assistant City Clerk
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
50. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION CONCERNING HEARING ON REMAND FROM CIRCUIT
COURT APPELLATE DIVISION FOR SPECIAL EXCEPTION GRANTED BY
ZONING BOARD AND DENIED BY CITY COMMISSION -- FOR
EXTENDED CARE FACILITY AT 3800 W. FLAGLER STREET. (See label
54) [Applicant(s): Jose M. Alvarez, Miami Mental Health Center.]
Commissioner Dawkins: I move ten...
Mr. Cesar Odio (City Manager): Commissioner, Commissioner, I want to...
Vice Mayor Plummer: For the purposes of the record, Mayor Clark will not be returning this
evening. Is there anyone who wishes a deferment that... We allow normally one deferment if
there is not a full Commission. Is there any applicant here this evening that wishes to defer
because they don't have the five votes? For the record, no one has come forth. Is there anyone
here who is wanting a deferment, period? You do, sir. Come forth, tell us your name, mailing
address and the item that you're here on.
Mr. Martin Hannan: Commissioners, my name is Martin Hannan, 2955 Southwest 8th Street.
130 September 28, 1995
L
Vice Mayor Plummer: What item number?
Mr. Hannan: I'm here on item number PZ-2, a second resolution.
Vice Mayor Plummer: Are you the applicant?
Mr. Hannan: I'm the attorney for the homeowners' association, the Douglas, Flagler, LeJeune
Homeowners' Association.
Vice Mayor Plummer: All right. Mr. City Attorney, he represents the homeowners. My
understanding - and I'm not a lawyer now - my understanding is that this was a court action from
the Third District Court. Is that correct?
? Mr. Joel Maxwell (Deputy City Attorney): It wasn't from the Third District, sir. It was from the
Eleventh Circuit... Circuit Court of Appeals, Appellate Court, Circuit Court.
Vice Mayor Plummer: All right.
Mr. Maxwell: And if I may respond to his request.
Vice Mayor Plummer: Please, sir.
Mr. Maxwell: I don't believe, and the City Attorney's Office does not believe that the City
Commission has any discretion in this matter. This has been scheduled for a public hearing
because the City Commission specifically requested that it be done so. In this particular time,
the only thing that you have discretion to do is to follow the Court's mandate. If you... During
public hearings, you normally do have...
Vice Mayor Plummer: All right. Hold on, hold on. I'm going to say, sir, have a seat. I thought
this would be a simple thing of deferment. It's not going to be that simple.
Mr. Hannan: Obviously not.
Vice Mayor Plummer: We'll talk about the deferment at a later time. I don't... Now, again, is
there anyone here who wants a very simple deferment on any item? I don't have anyone else
coming forward.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
51. GRANT SPECIAL EXCEPTION TO ALLOW A FINANCIAL DRIVE -
THROUGH FACILITY (ZONED C-1 RESTRICTED COMMERCIAL), WITH
CONDITIONS, AT 600 S.W. 27 AVENUE. [Applicant(s): M.D.C.C. & First
Union National Bank.]
Vice Mayor Plummer: We'll now go to item...
Commissioner Dawkins: Item 10. I want to move 10, because I figure that once Eduardo
Padron became the president of Miami -Dade, I would not have to be bothered with Miami -Dade
anymore.
131 September 28, 1995
L
Vice Mayor Plummer: All right.
Commissioner Dawkins: But here we go with...
Vice Mayor Plummer: Anyone here who wishes to speak...
Commissioner Gort: Second, I'll second.
Vice Mayor Plummer: ... on item 10?
Commissioner Dawkins: I moved it, Commissioner Gort seconded.
Vice Mayor Plummer: Is there anyone here who wishes to speak on item 10? Let the record
reflect... Mr. Bercow, are you here on 10?
Commissioner Gort: No.
Mr. Jeffrey Bercow: Yes, sir. I'm representing the applicant.
Vice Mayor Plummer: You're representing the applicant. Let the record reflect that Mr.
Bercow, representing the applicant, was here, is entitled to his check. I'm sure he'll want it, and
there is a motion by Commissioner Dawkins, a second by Commissioner Gort. Call the roll. It's
a resolution.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-709
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, C-1 RESTRICTED COMMERCIAL, PERMITTED
PRINCIPAL USES, TO ALLOW A FINANCIAL DRIVE -THROUGH FACILITY FOR
THE PROPERTY LOCATED AT 600 SOUTHWEST 27TH AVENUE, MIAMI,
FLORIDA, ZONED C-1 RESTRICTED COMMERCIAL, PER PLANS ON FILE,
SUBJECT TO A TIME LIMITATION OF 12 MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED AND, FURTHER, TO THE FOLLOWING
CONDITIONS: (1) A LANDSCAPE PLAN SHOWING A LANDSCAPE BUFFER
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING, BUILDING AND
ZONING PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; AND (2) THE
EXISTING 6' CBS WALL LOCATED ALONG THE ADJACENT RESIDENTIAL
PROPERTIES SHALL REMAIN AND SHALL BE MAINTAINED BY THE
APPLICANT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
132 September 28, 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.
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
----------------------------------------------------------------------------------------------------------------
52. GRANT SPECIAL EXCEPTION TO ALLOW A DRIVE -THROUGH
FINANCIAL INSTITUTION WITH A REDUCTION OF RESERVOIR
SPACES, WITH CONDITIONS, AT 600 S.W. 27 AVENUE. [Applicant(s):
M.D.C.C. & First Union National Bank.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: OK, item number 1.
Ms. Lourdes Slazyk: On P-Z...
Mr. Jeffrey Bercow: We need to vote on the companion item.
Ms. Slazyk: Yeah, PZ-10 and 11 are companions.
Commissioner Gort: Good presentation.
Vice Mayor Plummer: Wait, wait, now, please.
Commissioner Dawkins: Eleven is a companion, J.L.
Vice Mayor Plummer: All right. Do you move it, sir?
Commissioner Dawkins: So moved, yes, so moved.
Vice Mayor Plummer: Commissioner Dawkins...
Commissioner Gort: Second.
Vice Mayor Plummer: ... moves 11, seconded by Gort. Is there anyone wishing to speak on
item 11? Let the record reflect that no one came forward. Please call the roll.
133 September 28, 1995
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO.95-710
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 9, SECTION 931, DRIVE -THROUGH AND
DRIVE-IN ESTABLISHMENT; CAR WASHES, SUBSECTION 931.2
REQUIREMENTS FOR RESERVOIR SPACES, APPLYING GENERALLY, TO
ALLOW A DRIVE -THROUGH FINANCIAL INSTITUTION WITH A REDUCTION
OF RESERVOIR SPACES AS FOLLOWS: REQUIRED AT 1ST WINDOW - 10
SPACES BEFORE, 1 AT AND 1 AFTER THE SERVICE WINDOW; PROPOSED: 8
SPACES BEFORE, 1 AT AND 1 AFTER THE SERVICE WINDOW; REQUIRED AT
THE 4TH WINDOW - 5 SPACES BEFORE, 1 AT AND 1 AFTER THE SERVICE
WINDOW; PROPOSED: 4 SPACES BEFORE, 1 AT AND 1 AFTER THE SERVICE
WINDOW; REQUIRED AT 5TH WINDOW - 5 SPACES BEFORE, 1 AT AND 1
AFTER THE SERVICE WINDOW; PROPOSED: 4 SPACES BEFORE, 1 AT AND 1
AFTER THE SERVICE WINDOW, FOR THE PROPERTY LOCATED AT 600
SOUTHWEST 27TH AVENUE, MIAMI, FLORIDA, ZONED C-1 RESTRICTED
COMMERCIAL; SUBJECT TO THE FOLLOWING CONDITIONS: (1) A TIME
LIMITATION OF 12 MONTHS IN WHICH A BUILDING PERMIT MUST BE
OBTAINED, (2) A LANDSCAPE PLAN SHOWING A LANDSCAPE BUFFER
SHALL BE APPROVED BY THE DEPARTMENT OF PLANNING, BUILDING AND
ZONING PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; AND (3) THE
EXISTING 6' HIGH CBS WALL LOCATED ALONG THE ADJACENT
RESIDENTIAL PROPERTIES SHALL REMAIN AND SHALL BE MAINTAINED BY
THE APPLICANT.
(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.
NAYS: None.
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Mr. Bercow: Thank you very much.
134 September 28, 1995
----------------------------------------------------------------------------------------------------------------
53. DISCUSS AND CONTINUE (TO JANUARY 25, 1996 MEETING)
CONSIDERATION OF PROPOSED RESOLUTION TO APPEAL SPECIAL
EXCEPTION GRANTED BY ZONING BOARD FOR A TRANSMISSION
TOWER IN CONNECTION WITH A CELLULAR COMMUNICATION SITE
AT 749 N.W. 5 AVENUE. [Applicant(s): Robert F. Oden. Appellant:
Overtown Advisory Board.]
Vice Mayor Plummer: We will now go to PZ-1. Is the applicant present on PZ-1? That is 749
Northwest 5th Avenue.
Ms. Lucia Dougherty: Actually, the applicant is not here. That is the appellant, Don Benjamin,
but he has authorized me to ask you for a 120-day continuance of this case.
Vice Mayor Plummer: All right. He has asked... Is there any deferment on that for 120 days?
Ms. Lourdes Slazyk: Administration approves.
Commissioner Gort:. Move it.
Vice Mayor Plummer: All right. Moved by Dawkins seconded by Gort. It is a resolution to
defer for 120 days. Is there any further action? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-711
A MOTION TO CONTINUE AGENDA ITEM PZ-11 (APPEAL OF SPECIAL
EXCEPTION GRANTED BY ZONING BOARD FOR A TRANSMISSION TOWER IN
CONNECTION WITH A CELLULAR COMMUNICATION SITE AT 749 N.W. 5
AVENUE) TO THE COMMISSION MEETING PRESENTLY SCHEDULED FOR
JANUARY 25, 1996.
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.
NAYS: None
ABSENT: Commissioner Victor De Yurre
Mayor Stephen P. Clark
135 September 28, 1995
-----------------------------------------------------------------------------------------------------------
54. (Continued) DISCUSS AND CONTINUE (TO OCTOBER 26, 1995 MEETING)
CONSIDERATION OF PROPOSED RESOLUTION CONCERNING
HEARING ON REMAND FROM CIRCUIT COURT APPELLATE DIVISION
FOR SPECIAL EXCEPTION GRANTED BY ZONING BOARD AND DENIED
BY CITY COMMISSION FOR EXTENDED CARE FACILITY AT 3800 W.
FLAGLER STREET. (See label 50) [Applicant(s): Jose M. Alvarez, Miami
Mental Health Center.]
Vice Mayor Plummer: All right. From this point on, anyone that is in the audience presently
that intends to testify this evening on any matter before this Commission, I will ask you to stand
up at this time, raise your right hand and be sworn in. If you do not, you cannot testify before
this Commission. OK? Mr. Clerk.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES. :.. �» M
Vice.Mayor Plummer:_ And I'll hold that little five_ year old guilty back there. She's... OK.
Item number 2, once again.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor.
Vice Mayor Plummer: Yes.
Mr. Maxwell: Just for the record, on item P... On PZ-1, you said 120 days. Just for the record, I
believe, Mr. Clerk, that's January, it's the second meeting in January.
Vice Mayor Plummer: That will be... That's fine. The closest date to the 120 days.
Mr. Maxwell: OK.
Vice Mayor Plummer: PZ-2. Sir, you want to come back up?
Mr. Martin Hannan: Yes
Vice Mayor Plummer: And Ms. Dougherty, I believe you now belong at this microphone over
here. You changed horses in the middle of the stream. And again, Mr. Maxwell, you were
starting to tell us what?
Mr. Joel Maxwell (Deputy City Attorney): The Circuit Court found that the City Commission,
as we have advised you in the past and I think we advised you during that very meeting when
this item came up, your decisions have to be based on competent and substantial evidence. In
this particular situation, the Circuit Court Board of Appeals, Appellate Board, that is, found that
your decision in reversing the Zoning Board and refusing to grant the special exception was not
based on competent and substantial evidence. There was no evidence, as you may recall from
those discussions, to support what happened. There was testimony from the neighbors, but there
was no expert testimony. The Court found that there were at least five people that spoke, two of
which mentioned -declining property values. But the -Board - the Commission -did not base its
decision on -that,. and -frankly, I'-m of the -opinion that even if the Commission had based its
136: ' September 28, 1995
f,.._ 11
decision on that, the testimony of those particular individuals wouldn't be considered expert
testimony. In light of the fact that there was no competent and substantial evidence, and using as
a standard the Snyder versus Brevard County case that we've spoken here several times about, in
Snyder versus Brevard County, the City Commission really has no choice but to follow the
mandate of the Court, which was to adopt a new resolution affirming the decision of the Zoning
Board to approve the special exception, with the conditions that the Zoning Board imposed. I
don't think that at this time, you have the discretion or the right to impose any new conditions,
which would make the public hearing, really, a nullity.
Vice Mayor Plummer: All right. Sir, you wish to respond?
Mr. Martin Hannan: Yes, Mr. Commissioner.
Vice Mayor Plummer: Could I stop you for a minute? I'd like to recognize in the audience Mr.
Andy Hagne, of the State Attorney's Office. Mr. Hague is deeply involved in all matters relating
to juvenile crime, and in particular, gangs. And I'll tell you, that man has his hands full, and he
does one great job for this community. Mr. Hague, we're glad to have you here today, sir.
(APPLAUSE)
Vice Mayor Plummer: Proceed.
.__..-...__..__._. __. Mr. Hannan: Mr -Commissioner, the reasons for my.request for a deferment are several. First, I
was retained only a couple of days ago by the homeowners' association regarding this matter. I
did not participate in the appeal or in the matter before the City Commission. The homeowners
came to me and retained me on short notice, due to the fact that they had only received notice
j mailed out on the 20th and 21st, received a few days ago, of this matter coming before the
Commission today. The notice time is very short for the homeowners' association. They need
to know what their legal options are, whether they, in fact, have an option at this point in time,
after the Circuit Court remanding, and if they do have an option, what potential conditions,
restrictions or agreements can be amended or appended to the Zoning variance the Circuit Court
has now said the. City Commission should accept. I cannot, without meeting with the board of
the homeowners' association and with the homeowners, determine what their position should be,
and advise them appropriately. And that's... that's all I'm requesting today...
Vice Mayor Plummer: All right. Let's...
Mr. Hannan: ... is a deferment so that I can meet with them to address the legal issues and the
! factual issues.
Vice Mayor Plummer: Let's ask Mr. Maxwell what he feels our options are.
Mr. Maxwell: As I said, Mr. Vice Mayor, I believe that the only option you have right now is to
adopt the mandate of the Court. If you were to defer this item, you would be playing a form of
Russian Roulette. That is, it's possible that the Miami Mental Health group would go to court
and get a mandamus, and force you to follow the Court's order. The attorney for Miami Mental
Health is here. They may agree to a continuance of that type. I cannot speak for them. But you
! need to know that unlike other situations, you don't have an absolute right to continue this item.
Vice Mayor Plummer: Well, let me ask this question. As long as I've sat here, it's always been
the case that when we lose, an appeal or whatever was automatic until the Commission had the
wherewith to deal with it. Now, I don't remember this Commission dealing to approve an appeal
or disapprove an appeal in this particular issue.
137* ' September 28, 1995
Mr. Maxwell: On April...
Vice Mayor Plummer: And I'm questioning why there wasn't an appeal taken, if you understand
what I'm saying. OK?
Mr. Maxwell: OK. The City Attorney will directly respond to that.
Vice Mayor Plummer: OK, fine, whoever.
A. Quinn Jones, III, Esq. (City Attorney): Commissioners, as I... You know, this question has
come up many times before, and I've indicated to you that as a matter of course - and I've heard
you say this many, many times - that we would automatically take an appeal, unless otherwise
ordered by the Commission. However, unless there is a basis for an appeal, you just can't file an
appeal for the sake of filing an appeal. In this particular instance, there was no basis for us to
appeal to the Third DCA, which would have been the higher Court of Appeal. It was quite clear
that the decision that the Appellate Division - was it the Appellate Division? - the Appellate
Division of the Circuit Court rendered was consistent with the case law, and the very same, very
same things that we've been telling you, advice that we've been giving you over the course of
the months, and since the Snyder decision came down,;any time that you act in a quasi-judicial
capacity, any decision you make has to be supported by competent and substantial evidence.
1 You may recall or you may not recall that when that issue came up, we pleaded with you, very
passionately, to tell you that whatever decision you made, you had to have something in the
--record-to suppnrt.R. _ There was nothing there. So on that basis, I could not, in good faith, as an
officer of the court, file an appeal that would have been, as far as I'm concerned, without merit.
Vice Mayor Plummer: May I ask a question of you? ,
Mr. Jones: Yes, sir.
Vice Mayor Plummer: When was this verdict handed down by the court, by the Appeal Court?
Mr. Jones: Which one? The Appellate decision?
Vice Mayor Plummer: Yes, sir.
Mr. Jones: It's been over a year ago.
Mr. Lucia Dougherty: April '80 - '95. April of 1995.
Mr. Jones: Yeah.
Vice Mayor Plummer: April of '95. And we...
Mr. Jones: March, March of this year.
Vice Mayor Plummer: OK. Now, that means that April, May, June, July, August and all of
September...
Mr. Jones: Mm-hmm.
Vice Mayor Plummer: .. this Commission was not asked its opinion as to whether to take an
appeal or not.
Mr. Jones: That's... That's not true, Commissioner.. _
138' ' _ September 28, 1595 . _
Vice Mayor Plummer: OK.
Mr. Jones: I advised each of you in writing on April 5th of what the... what the Court's decision
was, and I asked you if you wanted to proceed further, and I told you the bottom line, in my
opinion, any further appeal would not be viable. That was my... And I did...
Vice Mayor Plummer: And you did that in writing.
Mr. Jones: Yes, sir.
Vice Mayor Plummer: OK. I assume the homeowners had the same right, am I - since they took
the appeal - is that correct?
Mr. Hannan: No, that was...
Ms. Dougherty: No. They were never intervenors.
Vice Mayor Plummer: Huh?
Ms. Dougherty: They were never parties to the appeal.
Vice Mayor Plummer: —Well, who... --
Ms. Dougherty: They could have, but they didn't become one.
Vice Mayor Plummer: Oh. You did the appeal, the Mental Health did the appeal. OK, and the
City was the defendant. All right. That's where I was confused. All right.
Mr. Hannan: We haven't...
Vice Mayor Plummer: So there again, what you're saying is that even if he had the time to meet
with the homeowners, it's not going to accomplish anything in your estimation, because...
Mr. Maxwell: It's moot.
Vice Mayor Plummer: ... there's only one thing that this Commission has, that's right, left to do.
Is that correct?
Mr. Maxwell: That's correct, sir.
Vice Mayor Plummer: All right, sir. You want to appeal to that.
Mr. Hannan: I'm not sure that that is... And I cannot dispute it and state that it's an inaccurate
position of law without an opportunity to review the legal issues and meet with the homeowners.
I would simply like the opportunity, before we are foreclosed today, by the City Commission
adopting the Zoning Board resolution for the Zoning Board ruling, I would like the opportunity
to know that, in fact, nothing can be done by the City Commission to, perhaps, impose other
conditions, or other restrictions, or other...
Vice Mayor Plummer: All right. Let's hear from the applicant.
Mr. Hannan: ... other matters under the zoning variance.
139 September 28, 1995
034 +
Vice Mayor Plummer: Let's hear from the other side and see what they have to say, and whether
or not a deferral would be detrimental, whether they would want to... You know, let me hear
from the other side. Maybe we might find a common ground.
Ms. Dougherty: Thank you, Vice Mayor. Lucia Dougherty with law offices at 1221 Brickell
Avenue, here today representing Miami Mental Health, and with me is Olivia Martinez. As you
were told, this decision was handed down in April of this last year. I have been trying to get
before you every month since then to have this mandate issued, because we've been trying to
pull a building permit. We have actually purchased the property. We spent two point... Out of
the two point four million dollars ($2.4 million), we've actually spent a million -six already,
purchasing the property and doing the infrastructural improvements that are necessary, and we're
going to put... We're going to borrow a million three hundred thousand dollars $1,300,000)
from Nationsbank. Nationsbank... I have a commitment letter that was written September the
7th that expires if I don't, we don't sign this commitment letter by September the 30th. We
really do have a hardship. We have always wanted to be good neighbors. We have entertained
our neighbors in our facilities, and we want to be cooperative and good neighbors, and we are
still willing to, right now, meet with them and to agree to any reasonable conditions that we can,
in order to facilitate and be good neighbors. We do ask, though, that today, you issue this
mandate, so that we aren't held up in our building permit any longer, because we don't get the
rest of our financing until we get our building permit, and we do have this Nationsbank
commitment, which I'd be happy to show you.
_.._.......__._Vice_May-orPlumrn= I'll give you a few moments nfrebuttal.
Mr. Hannan: As far as their commitments, their loan commitments, I have no knowledge of
whether they can be extended, or renewed, or whether they, in fact, work a hardship or a
detriment to Miami Mental Health Center. I do know that this homeowners' association has,
from the zoning hearing, through the City Commission hearing, through the Circuit Court
hearing, appeared to press their interests. But now, at this point in time, on such a short notice, I
don't want them to be foreclosed from the opportunity to, one last time, have an opportunity to
discuss the conditions and restrictions in the zoning variance.
Vice Mayor Plummer: Is there any other discussion? I'll close the public hearing and... I'm
sorry.
Ms. Dougherty: I just have one other thing. I'd be willing to also come back here and let you
know about the results of our meeting with them, and any other conditions that we'd agree to, if
that's something that you all find desirable.
Vice Mayor Plummer: For the record, your name.
Ms. Teresita Gyori: My name is Teresita Gyori. I reside at 1718 Southwest 17th Avenue. I own
a property that's located at 325 Northwest 7th Avenue. It is in East Little Havana. And I'm here
on behalf of a neighborhood that the reason you don't see them...
Vice Mayor Plummer: Wait, wait, wait.
Ms. Gyori: Yes.
Vice Mayor Plummer: This, ma'am, is on Flagler Street, isn't it?
Ms. Gyori: Yes, I know, but it is in the neighborhood, and I have...
Vice Mayor Plummer: The neighborhood of 7th Avenue and 3rd Street?
140 September 28, 1995
w I
Ms. Gyori: East Little Havana, in general, the East Little Havana. I come representing a
neighborhood that they don't have the... This is right across the street from a park.
Vice Mayor Plummer: Wait a minute. Am I... Is, this the Mental Health, where? Flagler?
Commissioner Gort: Flagler.
Vice Mayor Plummer: Ma'am, this is at 38th and Flagler?
Ms. Gyori: No, this...
Mr. Angel Urquiola: It's 38th and Flagler.
Ms. Gyori: Oh, I'm sorry.
Vice Mayor Plummer: I think you're on the...
Ms. Gyori: I'm on...
Vice Mayor Plummer: You're on the amusement... That's the next item.
_ _._....._. _ ........ Ms. Gyori:. Yeah,.I'm.sorry. That's the next item. _ Fm.so... apologize.
Vice Mayor Plummer: Yes, ma'am. I was losing you completely here somewhere.
Ms. Gyori: I'm sorry.
Commissioner De Yurre: It's a dry run, you know.
Vice Mayor Plummer: All right. Yeah, that's a demerit. I'm very...
Ms. Gyori: I'm sorry.
Vice Mayor Plummer: All right. Sir, for the record, if you'd state your name.
Mr. Urquiola: My name is Angel Urquiola. I am the president of the Flagami Neighborhood
Business and Owners Association. I come here today, like our lawyer said, I don't know if they
do it right or they do on purpose what I have over here. I have a registered letter mailed the
18th, Gable Post Office, did receive the 21st, and they delivered to me the 22nd. If the meeting
is the 28th, you really, gentlemen, do you believe we have any time to prepare any defense? No.
This is why we need time. The City lawyer, they talk too beautiful. I really appreciate it.
"Pero," they have to understand, we are the taxpayers, and this area pays so much tax, including
public, already want to.leave. You know how many revenue the City's going to lose? You're
going to lose that neighborhood to live in. The whole shopping center is on sale right now only
because they know what happen in Miami Mental Health Care Center. The police don't take
time to investigate it, in 1st Street and 21st Avenue, how many problems happen in this area. I
recommend the distinguished Commissioners to put an investigator there, only for 24 hours.
You don't going to believe it, what happens over there. You don't going to believe it.
Vice Mayor Plummer: But do you understand...
Mr. Urquiola: We don't want this happen in a good neighborhood, half a block from Gables.
141 September 28, 1995
0;lv
Vice Mayor Plummer: No. Sir, I hope you understand.,.
Mr. Urquiola: Yeah, I understand.
Vice Mayor Plummer: ... that this City Commission felt the same way as you feel, when we
went through a public hearing on this matter. Unfortunately, the Court didn't see it the way you
and this Commission saw it. And based on that, it has been overturned by the Court, and
according to the City Attorney, we have but one choice, and that is to approve it. Truthfully, I
don't even know why it's here. If we...
Mr. Urquiola: No, "pero," you have the choice...
Vice Mayor Plummer: You know, if we can't say yes or no, why is it here?
Mr. Urquiola: This is why I don't understand it.
Mr. Maxwell: May I respond to that, Mr. Vice Mayor?
Vice Mayor Plummer: Yeah. I really...
Mr. Maxwell: We had advised you that you really didn't have any discretion. It's here because
you all directed that it be here.
Vice Mayor Plummer: We did?
Mr. Maxwell: Yes, sir. At the last meeting. We had advised that there were two of them...
Vice Mayor Plummer: All right, all right.
Mr. Maxwell:... and you said bring them both back.
Vice Mayor Plummer: OK. You know, I just really don't understand it, because it's... I'm sure
it's hard for people to understand. I'm closing the public hearing and asking for comments from
the Commission.
Commissioner Gort: I got a question.
Vice Mayor Plummer: All right, sir. Mr. Gort.
Commissioner Gort: Not being an attorney, you attorneys might be able to answer. My
understanding... Can they, as private citizens and homeowners' association, the attorney, file an
injunction or something to stop this? What are their rights? I think that's what they want to
know.
Mr. Maxwell: Are you speaking of the homeowners' association?
Commissioner Gort: The homeowners' association.
Vice Mayor Plummer: No, they didn't file.
Mr. Maxwell: I really don't want to respond to what their rights...
Commissioner Gort: No. Whatever decision we -make here, does the Court have an avenue for
them to do something?- That's what they're -asking.
142: " September 28, 1995
Mr. Maxwell: I really don't think it's our place to respond to that, Commissioner. Generally,
any decision of this Commission can be appealed in 30 days, because here...
Commissioner Gort: Any decision that... Whatever decision we take today can be appealed.
Vice Mayor Plummer: Of course.
Mr. Maxwell: I don't think, frankly, I don't believe that if you follow the Court's mandate in
this particular case...
Commissioner Gort: Well, that's what I'm asking. I'm not a lawyer, so that's...
Mr. Maxwell: ... one would be successful in challenging what the Commission does today.
Anyone can take us to court. The answer to that is anyone can do that.
Commissioner Gort: OK.
Mr. Maxwell: The question, the real question is...
Commissioner Gort: So we can take a decision today, and we can be taken to court.
_._._ ._.._.._.... _......Mr. Hannan:.. I£I .may. respond. _..._ .__......
Commissioner Gort: Am I...
Vice Mayor Plummer: Sir, I've closed the public hearing, unless somebody asks a question of
you. Mr. De Yurre.
Commissioner De Yurre: Go ahead.
Mr. Hannan: Potentially, there may be standing for the homeowners' association to take an
appeal or file suit of this decision, but as I stated earlier, I haven't fully investigated that. I do
not know a definitive answer to that.
Vice Mayor Plummer: Wouldn't it be the same regardless of what we do?
Commissioner De Yurre: If I may, J.L.
Vice Mayor Plummer: Yes, sir.
Commissioner De Yurre: I was... In fact, last week, I was walking in the area, and I met a lot of
the neighbors that they were explaining their situation, and the fact that I just received that letter
within hours. That was over the weekend, and we just got this in the mail. Maybe, yes, this is a
lost cause for that neighborhood, maybe. But I believe that when you have... They brought in an
attorney, who, obviously... And I have to feel for him. You know, it's like he dropped in, in a
parachute, not knowing what he was getting into, because he doesn't have the knowledge. He
just showed up here, and tried to do damage control, and tried to prolong this so that he can, at
least, find out what the story is, and see if there are any legal avenues that are available or not. I
feel that, understanding the feelings of the community, that there should be a deferment of this
today. I want to give the neighbors the opportunity of at least one last shot to exhaust whatever
avenues they may have or they may believe that they have, and I will not today be voting to go
ahead and instruct the City to reverse at this point in time. I want to give them that opportunity.
We could bring it back next month at the next Commission meeting and deal with it at that point
143 September 28, 1995
._J
in time, but I do not feel comfortable in doing what I believe is a disservice to the residents of
that community.
Vice Mayor Plummer: I have a question, then, if that were to be the prevailing... Mr. City
Attorney, we have heard from Ms. Dougherty that their options - and I forget exactly what that
was - run out on September the 30th. Does that in any way put this City in a position of liability
of a lawsuit against the City for them losing their option? You know, I'm just asking the
question.
Commissioner De Yurre: Of course not.
Mr. Maxwell: I must honestly respond that there is a potential for that. If a Court finds that the
City has not acted in good faith, it is possible that a Court, in later proceedings, may find that
there are damages.
Commissioner Gort: If the Court finds that the City did not act in good faith.
Mr. Maxwell: That's correct.
Commissioner Gort: That's the interpretation. OK.
Vice Mayor Plummer: Any further discussion?
Commissioner Dawkins: Yes, one.
3
Vice Mayor Plummer: Commissioner Dawkins.
Commissioner Dawkins: How long have you been in this Chamber just tonight? You... No, the
lawyer, sir, the lawyer. How long were you in the Chamber?
Mr. Hannan: I've been here since 4:30.
Commissioner Dawkins: Did you hear Commissioner - I mean Vice Mayor Plummer say if
anyone wanted to defer an issue because it was not five Commissioners up here, he should step
forward? Did you hear that?
Mr. Hannan: Yes, I did.
Commissioner Dawkins: You did not step forward.
Commissioner Gort: Yes, he did.
Vice Mayor Plummer: No, he stepped forward under the deferment period, not under the five -
one missing.
Commissioner Dawkins: No, no. He came up when he said does any... was it anybody wanted a
deferral.
Vice Mayor Plummer: That's what you should have done, sir. That's what you should have
done. Ha-ha.
Mr. Hannan: I did briefly, the second time, I believe.
Vice Mayor Plummer: All right. The. floor• is open for a motion.
_ - - - 144_ September 28, 1995 -
Commissioner Gort: Victor, are you making a motion?
Commissioner De Yurre: I say that we defer it.
Commissioner Gort: Second.
Vice Mayor Plummer: • There's a motion made to defer. I'm still on the dilemma of... Let me
ask this question. Ms. Dougherty...
Ms. Dougherty: Is that to continue with a date certain?
Commissioner Gort: Next meeting.
Vice Mayor Plummer: I would assume it would be continued to the next meeting. The maker of
the motion?
Commissioner Gort: Yes, it's going to be next meeting.
Ms. Dougherty: That's...
Vice Mayor Plummer: OK, to the next meeting.
Commissioner Gort: It's got to be next meeting. That's plenty of time for them to get together.
Vice Mayor Plummer: What is this going to... What is this going to do... Can you get a
deferment on your commitment?
Ms. Dougherty: I don't know. I can tell you, this is a firm commitment. I'll just read it to you.
Vice Mayor Plummer: No, I... You know, you don't need to read it to me.
Ms. Dougherty: OK. This is a one million dollar ($1,000,000) loan commitment that if we don't
agree to it by September 30th, it is void.
Vice Mayor Plummer: What happens if you agree to it?
Ms. Dougherty: Then we risk... We... We don't want to be in a position where we risk
something, they appeal, we don't know. The loan is probably not going to be valid unless we
give a commitment letter.
Vice Mayor Plummer: Well, I'm... No, that's what I'm trying to explore. If, in fact... Excuse
me. If, in fact...
Commissioner Gort: They can sign and they don't have to...
Vice Mayor Plummer: You can sign, but you don't have to take it out. And I'm sure that
somebody who's going to make you a loan for a million dollars ($1,000,000) isn't going to
renege in 30 days.
Ms. Dougherty: All I can say is, we're not going to agree to it. You've just taken a motion,
you're going to vote on it, and, you know, I'm going to try my best to get a defer - I mean a...
Vice Mayor Plummer: OK. There is a motion made, duly seconded to defer until the next
meeting. Call the roll.
145 September 28, 1995
Ms. Dougherty: May I just say one thing?
Vice Mayor Plummer: Sure.
Ms. Dougherty: I've just been told there are certain fees that are due on the execution of this.
And would the City, for... Would the City, for example, if we lose our fees, be willing to
indemnify us to those extent?
Ms. Christina Cuervo: Have they been paid?
Ms. Dougherty: They have to be paid as soon as we sign this.
Ms. Cuervo: But they have not been paid as of yet.
Ms. Dougherty: No.
Ms. Cuervo: OK. How much are they? How much are they?
Vice Mayor Plummer: Hey, I'm calling the question...
Ms. Dougherty: About eighteen thousand dollars ($18,000).
Vice Mayor Plummer: You know, I'm going to have to vote to go ahead and give the deferral.
I've just got to vote that way. I think that any way we go, it's still appealable. You can appeal
it, they can appeal it. Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved its adoption:
MOTION NO. 95-712
A MOTION TO CONTINUE AGENDA ITEM PZ-2 (HEARING ON REMAND FROM
CIRCUIT COURT APPELLATE DIVISION FOR SPECIAL EXCEPTION GRANTED
BY ZONING BOARD AND DENIED BY CITY COMMISSION FOR EXTENDED
CARE FACILITY AT 3800 WEST FLAGLER STREET) TO THE COMMISSION
MEETING OF OCTOBER 26, 1995.
Upon being seconded by Commissioner Gort, the motion was passed and adopted by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: Commissioner Miller J. Dawkins
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Commissioner Dawkins: I have to follow the advice of the City Attorney. I have to vote no.
COMMENTS MADE AFTER ROLL CALL:
146 September 28, 1995
Vice Mayor Plummer: We will see you back on the 26th, God willing, and the devil don't care.
Ms. Dougherty: Thank you.
Mr. Hannan: Thank you.
Commissioner Gort: Mr. Plummer.
Vice Mayor Plummer: Yes, sir.
Commissioner Gort: Commissioner, I'd like...
Vice Mayor Plummer: Excuse me.
Commissioner Gort: I'd like to request...
Vice Mayor Plummer: To the applicant on this... I'm sorry. To the attorney, I don't think that
this Commission is going to be very agreeable to any further deferments.
Mr. Hannan: That's understood.
Vice Mayor Plummer: OK.
_ _ u Ms. Dougherty: Can I ask you to make it on the 9th instead of the 26th?
Vice Mayor Plummer: We don't have another meeting until the 26th.
Commissioner Dawkins: We only have one meeting in November...
Vice Mayor Plummer: October, October.
Commissioner Dawkins: October.
Vice Mayor Plummer: OK?
Commissioner Dawkins: And November.
Ms. Dougherty: Thank you.
Vice Mayor Plummer: Mr. Gort, you had a comment.
Commissioner Gort: Mr. Plummer, this is a problem that I did some research on this, and it
doesn't have anything to do with this, and first of all, I want the Mental Health people to
understand that we think it's a great program, providing a great service, but like... I'd like to
show a chart of all the City of Miami, the way it's being used by ACLFs (adult congregate living
facilities) and all kinds of agencies within that neighborhood, and this is beginning to deteriorate
some of that neighborhood. I'd like for the Planning Department... What do we need to stop
some of those things that are taking place?
Vice Mayor Plummer: And also remembering that each one of these...
Commissioner Gort: And if we need to change some of our ordinances, we need to change some
of our zonings, I think we should. I'd like to have the Planning Department look at this and see
what we can come out with, so we won't have these problems any further.
147 September 28, 1995
M1
Commissioner Dawkins: Commissioner Gort, I would like for you and I to work together...
Vice Mayor Plummer: Oh, I will, too.
Commissioner Dawkins: OK. Let me rephrase that. I'd like to see this Commission take
housing money and go purchase vacant property and put people in it. The State of Florida is
now just... If it's a house, they go and take the house, and anybody can go into it, an ACLF or
what have you. Is that a correct statement, Mr. City Attorney?
Mr. Maxwell: Under State law, the City is absolutely prohibited from treating an ACLF with
less than seven people any differently from single-family housing.
Commissioner Dawkins: So... But it's up... Say what, now?
Mr. Maxwell: Now, once you cross that seven -client threshold...
Commissioner Gort: You got seven, fine.
Mr. Maxwell: Whoa, whoa.
Commissioner Dawkins: That's a...
Mr. Maxwell: There's another level in there from seven to 14, where we have limited
jurisdiction.
Commissioner Dawkins: But if I take housing dollars, purchase and rehab homes that seven
people can move into, and we put people into them, then that's not available for HRS (Housing
and Rehabilitative Services) or nobody else to put anything in. Is that a correct statement?
Mr. Maxwell: Well, you can't put seven people into a house if they're not related by
consanguinity - I believe I pronounced that correctly...
Commissioner Dawkins: Say what, now?
Mr. Maxwell: ... by blood. You cannot put seven people in a house, in a single-family district,
and that's what we're trying to protect here...
Commissioner Dawkins: But HRS can.
Mr. Maxwell: ... unless they're all in one family.
Commissioner Dawkins: HRS can.
Mr. Maxwell: Yes, sir.
Vice Mayor Plummer: Well, let me tell you...
Commissioner Dawkins: Well, I mean... But if I buy the house, I don't care if only one person
lives in it, nobody else can buy it.
Mr. Maxwell: That's correct.
Commissioner Dawkins: That's what I'm saying, Mr. City Attorney.
148 September 28, 1995
L
Mr. Maxwell: All right.
Vice Mayor Plummer: Well, the problem is, remember...
Mr. Maxwell: You can buy the property, it's yours.
Vice Mayor Plummer: Remember, all of these, also, are tax exempt. Yes, ma'am.
Ms. Olivia Martinez: Yeah. I would like to just...
Vice Mayor Plummer: For the record, your name and address.
Ms. Martinez: Oh. Olivia Martinez, 14405 Southwest 92nd Court.
Vice Mayor Plummer: Which issue are you here on?
Ms. Martinez: This same issue that was just... I just wanted to reassure you of something that I
think, perhaps, we may have lost sight of. The kind of facility that is going to go in that...
Vice Mayor Plummer: Ma'am, excuse me. The matter is deferred.
_......_ _.___. Ms..Martinez.._Nor.I.understand. This has to do more with what Commissioner Gort said for the _ . ._...._..
future. What I want to explain is that in some cases, you remove a facility from one location and
you put it in another. You're not adding any facility. And just, you know, for everybody's
peace of mind, there cannot be another facility like the one that we are proposing in the City of
Miami, because of the way the State places these. It was just a matter of... This is not an ACLF.
Vice Mayor Plummer: Thank...
Ms. Martinez: I know what your concerns are, but I just wanted to provide some reassuring
words to this effect.
Vice Mayor Plummer: Thank you for your information.
Ms. Martinez: Thank you.
Vice Mayor Plummer: The next item...
Commissioner Gort: I want you to understand. Unfortunately, a lot of our neighborhoods that
need to bring up, people are buying it because it's reasonable, and they ruin some of those
neighborhoods.
Ms. Martinez: I understand.
Commissioner Gort: And it's nothing against Mental Health. I think you all are providing a
great service, and anything I can do to help you all, I will work with you. But there's certain
places where it shouldn't be.
Vice Mayor Plummer: Overloaded.
Commissioner Gort: And this is something we got to look at.
Vice Mayor Plummer: Overloaded.
149 September 28, 1995
I
Mr. Martinez: ALl right. Thank you.
-- -------------------------------------------------------------------------------------------------------------
55. AMEND 92-820, WHICH DENIED APPEAL AND AFFIRMED ZONING
BOARD'S DECISION TO GRANT CLASS I SPECIAL PERMIT FOR A POOL
HALL, WITH CONDITIONS, AT 304 S.W. 8 AVENUE (ZONED C-1
RESTRICTED COMMERCIAL) -- DELETE CONDITIONS THAT (1) HOURS
OF OPERATION BE FROM 10:00 A.M. TO 9:00 P.M., 6 DAYS A WEEK,
EXCLUDING 'SUNDAYS, AND (2) A SECURITY GUARD LICENSED,
UNIFORMED -AND ARMED AT ALL TIMES SHALL BE ON THE
PREMISES WHILE OPEN FOR BUSINESS. [Applicant(s) / Appellant(s):
Manuel Reyes.]
Vice Mayor Plummer: Item number 3. 304 Southwest 8th Avenue.
Mr. Joel Maxwell (Deputy City Attorney): Mr. Vice Mayor.
Vice Mayor Plummer: Sir.
Mr. Maxwell: This is another one. This item is also on remand from the Circuit Court Appellate
Division. The facts are... As a basis for the Court's decision, the same as the case you just
I
heard, the Court found here - this was the pool hall case...
Vice Mayor Plummer: OK.
Mr. Maxwell: ...where the applicant had asked for a class one special permit to...
Vice Mayor Plummer: And what I understand is, the Court agreed that we did everything right
except items 3 and 6.
Ms. Christina Cuervo: Exactly.
Mr. Maxwell: Except for the conditions on hours of operation and the armed guard, that's
correct.
Vice Mayor Plummer: So in other words, the hours of operation is item 3, and item 6 is the
security guard, licensed, uniformed, and armed at all times. Is the applicant here? Is the
applicant here? All right. You're the... You want... You are the appealing side?
Ms. Teresita Gyori: Yes. Well, I am.
1
Vice Mayor Plummer: In Spanish...
Ms. Cuervo: No, no, no, she speaks English.
Vice Mayor Plummer: The gentleman... Who... Sir...
j Mr. Ernesto Capote: En contra.
Ms. Guyori: - OK. He's against.
150. ' September 28, 1995
Vice Mayor Plummer: He's against it also?
Ms. Guyori: Yes.
Vice Mayor Plummer: All right. Do they under... Did he understand what the City Attorney
1 had to say.
Ms. Cuervo: "Usted entendio to que digo el" City Attorney?
Mr. Capote: "Yo necesito un interpreter, por favor."
Ms. Cuervo: Well, I'll do the best I can. You want to go ahead? Go.
Vice Mayor Plummer: All right. While you're explaining that to him, would you let the lady at
! the microphone, please? State your name and mailing address.
I Ms. Gyori: I apologize about my mistake previously.
Vice Mayor Plummer: OK. Do you understand what the...
Commissioner Dawkins: Pull the mike to you, ma'am. Pull the mike to you.
Vice Mayor Plummer: Do you understand what the City Attorney said?
Ms. Gyori: Yes, I do.
Vice Mayor Plummer: OK.
I Ms. Gyori: First let me... My name is Teresita Gyori. I reside at 1718 Southwest 17th Avenue.
1 I own a property that's located in East Little Havana. It's 325 Northwest 7th Avenue. I have
become very involved and concerned about this.
Vice Mayor Plummer: Were you sworn in, ma'am?
Ms. Gyori: Yes, I was.
Vice Mayor Plummer: He swore them in en masse.
Mr. Maxwell: Oh, he did?
Vice Mayor Plummer: Yes. Go ahead.
Ms. Gyori: I've been very concerned in helping out the community, especially East Little
Havana, and what I have noticed in reference to this matter is there was an incident there a while
back ago, and I have an article, and I would like to, you know, at least take a minute of your time
to read this before you make any decision, in behalf of the community, the people that live there.
They don't speak English, they don't have transportation to come here. They feel deprived of
their laws, and I have faith in my City Commissioners that whatever you decide is the best
interest for this community and the neighborhood, I will go ahead and hand out...
Vice Mayor Plummer: You understand we dealt with this before, and we turned it down, except
for the fact, we said, you can have it if you put these six conditions?
151 September 28, 1995
-A _ A_
Ms. Gyori: I understand.
Vice Mayor Plummer: They went to court and said two of these conditions were unreasonable,
and that you could have everything else but these two conditions. So I want you to know exactly
where this is at.
Ms. Gyori: I know. But let me go ahead and pass this article, and you can at least get an idea
what has been going.
Vice Mayor Plummer: How long will it take you to read it?
Ms. Gyori: It's pretty long. It's just... Mainly, it's an article that came out in the editorial of the
Miami Herald, and it says, "Bring hope to the children of East Little Havana." It says that there
is still time to change. This is in reference to a little boy and the senseless fatal shooting of a
three -year -old boy in the East Little Havana. It's also referred, unfortunately, as Little Vietnam.
It also says there's nothing here for these kids in the neighborhood. They have been abandoned.
And that's what I believe that our Commissioners should, you know, at least maybe try to do
something in reference to talking to the applicant in reference to this. There is children in this
neighborhood. They need to be helped. Maybe we need social services or karate class.
Something to, not... you know, instead of having the gangs accumulate and congregate in the
area, because once this is established... We have a police force that, I mean, they try to do
everything possible for this neighborhood, and it's... it's just terrible that we give them another
...__,_._.__._burden.for. this neighbnrhood. But when we do get -the -publicity, you know, it really... It's our _ ...____....
community, it's our neighbors, and it's... these are the children. And I'll... anyways, I'll pass this
out, if you'd take it.
Vice Mayor Plummer: Thank you, ma'am.
Ms. Gyori: Thank you.
Vice Mayor Plummer: Theater Marti, "presente." The applicant is not here.
Ms. Cuervo: I saw him earlier.
Vice Mayor Plummer: Well, it's not really the... He doesn't have to be here under these
circumstances. My only question is that if we don't... that if we can't impose Article 3 and 6,
does that mean we can't impose them as they are now?
Mr. Maxwell: Yes, sir...
Vice Mayor Plummer: Or does it mean we can't impose them under a different set of rules? For
example, under item 3, if I wanted to say that they could only have hours of operation from 9...
from 10 to 10.
Mr. Maxwell: No, sir, you couldn't do that. Let me explain why not. You cannot do...
Vice Mayor Plummer: Well, you know if I can't do it, I can't do it. I'm just asking the question.
Mr. Maxwell: OK. No, sir.
Vice Mayor Plummer: OK. You're going to translate for Mr. Theater Marti?
(INAUDIBLE COMMENT NOT INCLUDED IN THE PUBLIC RECORD)
152 September 28, 1995
L
Vice Mayor Plummer: Proceed, "presente."
[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.
FRANK CASTANEDA.]
Mr. Ernesto Capote: MI NOMBRE ES ERNESTO CAPOTE. YO SOY EL DUENO DEL
TEATRO MARTI Y HE HECHADO MIS RAICES ALLI POR 28 ANOS. HE DEFENDIDO
LAS RAICES NUESTRAS, LAS RAICES LATINAS PARA MANTENER EL ARTE Y LA
CULTURA EN AQUEL LUGAR. ES UN CENTRO DE TRABAJO PARA ARTISTAS Y
PERSONAS DE DISTINTOS PAUSES QUE NO HABLAN EL IDIOMA. ESTOVE AQUI EN
OTRO MOMENTO EN 1992 CUANDO LA COMISION VOTO EN CONTRA DE QUE SE
PUSIERAN ALLI ESOS BILLARES Y ESE NEGOCIO. AHORA DE NUEVO VUELVE A
SALIR ESTO QUE LAS CORTES LE PERMITEN QUE PUEDAN PONERLO. YO
CONSIDERO DE QUE ... ESTO ES MUY MALO PARA ESTE BARRIO QUE ES UN
BARRIO POBRE... MUCHAS VECES LAS PERSONAS LOS CONQUISTAN Y HACEN
COSAS QUE NO DEBEN HACER DEBIDO A SUS SITUACIONES ECONOMICAS. ESTO
SON CENTROS DE PROBLEMA; DE PERSONAS QUE VIENEN MUY MAL VESTIDAS;
DE PERSONAS QUE ESTAN BORRACHOS. ESPECIALMENTE PARA EL PUBLICO MIO
r---��-----DEL-TEATROES UN PUBLICO QUE VIENE A DfVERTIRSE; QUE LO MISMO VIENE UN -
RICO QUE VIENE UN POBRE Y ESTO SE EXPONE A TENER PROBLEMAS,
ESPECIALMENTE PARA MI ESTO SERIA FATAL. YO PIENSO QUE SO ESTO SE PONE,
MI NEGOCIO, POSIBLEMENTE, HABRIA QUE CERRARLO RAPIDAMENTE. Y ES UN
CRIMEN QUE UN NEGOCIO DE 28 ANOS VAYA A PERECER PORQUE VENGA PARA
ESA ZONA UNA PERSONA CON UN NEGOCIO QUE EN REALIDAD NO ES PARA ESA
ZONA.
Translation: I am the owner of Teatro Marti, and I've been there for 28 years. I established my
roots in this community, and I fought through the years to establish the arts and help the Cuban...
This is the center of employment for artists who come from different countries to work. I was
here in 1991 when the City Commission voted against approving the billiards for this area. I am
here again because of the Court's decision. This is very bad for this neighborhood. Some
people do things that they shouldn't be doing because of their economic situation. These are
centers of problems, centers of... Very bad dress, they're drunk. This is very detrimental to the
public that goes to my theater. My public consists of rich and poor people, and they're all
exposed to problems because of this facility. It would be horrible for the theater. This activity
would close my business. It is a crime that a business that shouldn't be here would affect a
business that has been here for 28 years.
Commissioner De Yurre: Hold it a second, because, I may be missing the boat here. There are
no changes other than the hours and the guard. I mean, like, what is going there is going there,
based on our decision last time. So...
Mr. Maxwell: That's correct.
Vice Mayor Plummer: Correct, sir.
Commissioner De Yurre: All this pleading, you know, is for naught, because we're not going to
deal with that. We already dealt with that issue. So all that we can do now is make sure that we
have enough police there to override the fact that there's not going to be any uniformed, armed
security.
153 September 28, 1995
Vice Mayor Plummer: I don't think so.
Commissioner De Yurre: And...
Mr. Maxwell: They have normal operating hours.
Commissioner De Yurre: ... I guess for whatever other hours they're going to be open, whatever
the law permits, they're going to be open for that extended period of time.
Mr. Maxwell: Their hours would be the same as all pool halls in the City, and that's eight to
twelve.
Vice Mayor Plummer: All right.
Commissioner De Yurre: OK. Eight to twelve in the...
Mr. Maxwell: Well, eight a.m. to twelve p.m.
Commissioner De Yurre: OK.
Vice Mayor Plummer: Does anyone else wish to testify?
Commissioner De Yurre: I think that... I just want to make sure, Frank, that you explain this to
Mr. Capote.
[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.
FRANK CASTANEDA.]
Mr. Castaneda: EL LO QUE DICE ES QUE YA ESTO HA SIDO APROBADO Y QUE LO
QUE SE ESTA DISCUTIENDO ES LA SEGURIDAD Y LAS HORAS DE OPERACION.
LAS HORAS DE OPERACION SERIAN DE LAS 8:00 DE LA MANANA A LAS 12:00 DE
LA NOCHE, IGUAL QUE CUALQUIER OTRO POOL HALL.
Translation: He is saying that this has been approved and that they are discussing the security
and the hours of operation. The hours of operation would be from 8:00 in the morning until
12:00 at night, the same as any other pool hall.
Mr. Capote: SI, PERO ESTO ES UN PUBLICO QUE VIENE MAL VESTIDO...
Translation: Yes, but this is a poorly dressed public.
Mr. Maxwell: I can read into the record the other conditions that you...
Vice Mayor Plummer: Well, they're there. I mean, there's no need to do that. You want to read
them, read them.
Mr. Capote: A TRES CUADRAS DE ESTE LUGAR HAY OTRO BILLAR... EN LA
PRIMERA Y LA OCHO Y ESTO ES EN LA TRES Y LA OCHO. AHI HAY DO IGLESISAS,
UNA A UN LADO, OTRA AL OTRO.
154 September 28, 1995
Translation: Three blocks from this place, there's another billiard on 1st and 8th.
Vice Mayor Plummer: Yeah, but Frank, explain to him, we're only talking about two items, the
hours of operation and the security guard. Everything else is... We're bound by the Court.
Mr. Castaneda: Commissioner, I did. QUE LO UNICO QUE ESTAMOS HABLANDO ES DE
LAS HORAS DE OPERACION Y LA SEGURIDAD. QUE LO OTRO, LAS CORTES
DETERMINARON QUE LO PUEDEN RACER.
Translation: We are only talking about the security and the hours of operation. The other issue,
the courts have determined that it can be done.
Vice Mayor Plummer: All right. Let me tell you, as far as I'm concerned, we have no
alternative but to approve this court action, but I'm going to ask the Administration that they go
there on a weekly basis, and if one violation is found, they come back to this City Commission
immediately, and I personally will make the motion to withhold their permit, or to revoke their
permit, because that is very clearly stated here that if they, in fact, violate any of the other
conditions, they lose their permit to do business.
Commissioner De Yurre: Well, what I would say is that they be treated like everybody else, that
if they break the law, that we address that issue.
Vice Mayor Plumtmei:—Absolutely.
Ms. Cuervo: Your first condition provides that it goes back to the Zoning Board every six
months.
Vice Mayor Plummer: Every six months, yeah.
Ms. Cuervo: So that could be your method.
Commissioner De Yurre: So be it.
Vice Mayor Plummer: OK. Is that a motion, Mr. De Yurre?
Commissioner De Yurre: So moved.
Vice Mayor Plummer: Is there a second to that motion? Is there a second to that motion?
Commissioner De Yurre: He moved his hand.
Commissioner Dawkins: Second.
Vice Mayor Plummer: This motion is seconded. All right. Any further discussion by members
of the Board? Call the roll.
155 September 28, 1995
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO.95-713
A RESOLUTION AMENDING RESOLUTION NO. 92-820, ADOPTED DECEMBER
10, 1992, WHICH DENIED AN APPEAL FROM AND AFFIRMED THE DECISION
OF THE ZONING BOARD TO GRANT CLASS I SPECIAL PERMIT APPLICATION
NO. 92-0395 FOR A POOL HALL, WITH CONDITIONS, FOR THE PROPERTY
LOCATED AT 304 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, ZONED C-1
RESTRICTED COMMERCIAL, THEREBY DELETING THE CONDITIONS THAT
(1) THE HOURS OF OPERATION BE FROM 10:00 A.M. TO 9:00 P.M., 6 DAYS A
WEEK EXCLUDING SUNDAYS, AND (2) A SECURITY GUARD LICENSED,
UNIFORMED AND ARMED AT ALL TIMES SHALL BE ON THE PREMISES
WHILE IT IS OPEN FOR BUSINESS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: Mr. Gort, do you wish to be recorded on the issue?
Commissioner Gort: Yes.
156 September 28, 1995
L
---------------------------------------------- -----------------------------------------------------------------
56. SECOND 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 and Synchron
Parking Systems, Inc.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: All right. Item 4, 1744-1756 North Bayshore Drive, 1783-1795
Northeast 4th Avenue, and 407 Northeast 17th Terrace. It is...
Ms. Lourdes Slazyk: PZ...
Commissioner Gort: Miller, do we want to hear this, or what?
Vice Mayor Plummer: What? `
Ms. Christina Cuervo: They're second readings, Commissioners.
_..._.....
Ms. Slazyk: Yes, this is a second reading.
Vice Mayor Plummer: It's a second reading.
Ms. Slazyk: Land use and zoning change. As you may recall, the Planning Division
recommended denial of this at first reading.
Commissioner Gort: That's OK with me, I don't want to hear it.
Commissioner Dawkins: I don't want to hear it.
Ms. Slazyk: They have submitted a covenant since then assuring us that they would apply for a
major use special permit, and establishing the parameters of the development, including the uses
and square footage.
Vice Mayor Plummer: Is there anyone here in objection to PZ-4? Let the record reflect that no
one came forth. This is a second reading. It was recommended for approval by the Advisory
Board on a six to one vote. Is there a motion?
Commissioner Gort: Move it.
Commissioner De Yurre: Second.
Vice Mayor Plummer: Moved by Gort, seconded by De Yurre. Call the roll.
-157- _ September 28, 1995
L
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 17TH 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.
passed on its first reading, by title, at the meeting of July 13, 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.
NAYS:._...._ .. _�.._ None.
ABSENT: Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11308.
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.
--------------------------- ------------------------------------------------------------------------------------
57. SECOND 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 and
Synchron Parking Systems, Inc.]
Vice Mayor Plummer: Item PZ-5, 1744-56 North Bayshore Drive, 1783-95 Northeast 4th
Avenue and 407 Northeast 17th Terrace. There's a motion made by De Yurre, seconded by
Gort. Any further discussion? Call the roll.
158 September 28, 1995
1
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.
passed on its first reading, by title, at the meeting of July 13, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner De Yurre,
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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11309.
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 AFTER ROLL CALL:
Vice Mayor Plummer: Ms. Leiva, would you like to, for the record, state your name and mailing
address so they'll know where to send your check.
Ms. Vicky Leiva: Vicky Leiva with offices at 701 Brickell Avenue.
Vice Mayor Plummer: You made one...
Ms. Leiva: And for the record, Mr. Chairman, I have delivered...
Vice Mayor Plummer: If you speak any further now, you're going to lose your check.
Ms. Leiva: I have delivered to the Clerk a voluntary... I have proffered a voluntary covenant,
which has been delivered to your Clerk. Thank you.
Vice Mayor Plummer: Thank you, ma'am.
159 September 28, 1995
----------------------------------------------------------------------------------------------------------------
58. SECOND 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).]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item PZ-6, 3711-13 Southwest 27th Street.
Mr. Roberto Lavernia: PZ-6 and PZ-7 are companion items.
Vice Mayor Plummer: It's moved... This is... Hey, come on, guys, slow down now. Moved by
De Yurre, seconded by Gort.
Commissioner Gort: See if there's anyone here in opposition.
Vice Mayor Plummer. Anyone in opposition? No one here. Read the ordinance. Call the roll.
An Ordinance entitled - _
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED AT
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.
passed on its first reading, by title, at the meeting of July 13, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner De Yurre,
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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11310.
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.
160 September 28, 1995
L
----------------------------------------------------------------------------------------------------------------
59. SECOND 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).]
Vice Mayor Plummer: Item 7, 3711-13 Southwest 27th Street, a companion item to 6. Moved
by De Yurre...
Commissioner Gort: Second.
Vice Mayor Plummer: ... seconded by Gort. If there,i.s no one in opposition, read the ordinance.
Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401,
_.SCHEDULE.__OF DISTRICT REGULATIONS, BY CHANGING THE ZONING
CLASSIFICATION FROM 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 1' 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.
passed on its first reading, by title, at the meeting of July 13, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner De Yurre,
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.
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11311.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
NOTE FOR THE RECORD: At this point, Vice Mayor Plummer
recognizes the presence of Sergio Pereira, former County
Manager, in the Chambers.
161 September 28, 1995
----------------------------------------------------------------------------------------------------------------
60. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT WYNWOOD FOREIGN TRADE
ZONE FROM R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO I
INDUSTRIAL. [Applicant(s): Community Planning & Revitalization Dept.]
Vice Mayor Plummer: PZ-8.
Ms. Lourdes Slazyk: PZ-8 and 9...
Vice Mayor Plummer: Wynwood Foreign Trade Zone.
Ms. Slazyk: Right. These are second readings, zoning change.
Vice Mayor Plummer: Second reading. Is there a motion?
Commissioner De Yurre: Move it.
.Vice Mayor Plummer:.. Seconded. Read the ordinance.. Any discussion? Hearing none, call the
roll.
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.
passed on its first reading, by title, at the meeting of July 13, 1995, was taken up for its
second and final reading, by title, and adoption. On motion of Commissioner De Yurre,
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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11312.
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.
162 September 28, 1995
------------------------------------------------------------- -------------------------------------- -------------
61. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT WYNWOOD FOREIGN TRADE
ZONE FROM C-2 LIBERAL COMMERCIAL TO I INDUSTRIAL.
[Applicant(s): Community Planning & Revitalization Dept.]
Vice Mayor Plummer: Companion item 9. Is there anyone wishing to speak on 9?
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Gort. Seconded by De Yurre. Call the roll.
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, FLORID& BY CHANGING
THE ZONING CLASSIFICATION OF SAID AREA FROM C-2 LIBERAL
COMMERCIAL TO I -INDUSTRIAL; 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 July 13, 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: Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11313.
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.
163 September 28, 1995
NJ
----------------------------------------------------------------------------------------------------------------
62. DISCUSS AND CONTINUE (TO OCTOBER 26, 1995 MEETING)
CONSIDERATION OF PROPOSED RESOLUTION GRANTING MAJOR USE
SPECIAL PERMIT FOR LINDSEY HOPKINS TECHNICAL EDUCATION
CENTER PARKING GARAGE PROJECT AT 710 N.W. 20 STREET --
COMMISSIONER DAWKINS WILL NEGOTIATE WITH DADE COUNTY
SCHOOL BOARD FOR APPROPRIATE REMUNERATION IN LIEU OF
TAXES. [Applicant(s): The School Board of Dade County &. Miami Parking
System.]
Commissioner Gort: Twelve.
Vice Mayor Plummer: We're up to 12 - 710 Northwest 20th Street. This is for the School Board
of Dade County. Are you for or against?
Mr. Mariano Cruz: I am here for information. Maybe against, maybe for. It depends what I
know.
Vice Mayor Plummer: All right. For the record, first of all...
Mr. Cruz: Since I didn't get the agenda...
Commissioner Gort: There's no... Listen.
Vice Mayor Plummer: "Oye, oye, perate, perate, tranquilo." For the record, your name and
mailing address.
Mr. Cruz: My name, Mariano K. Cruz, 1227 Northwest 26th Street.
Vice Mayor Plummer: Sir.
Mr. Cruz: Resident, Allapattah...
Vice Mayor Plummer: What is your question?
Mr. Cruz: ... taxpayer. My resident is... I sit down here and I look at this, and I want some
information. What's this, what they going to do?
Vice Mayor Plummer: What is your question?
Mr. Cruz: How many cars are going to be going there to that parking garage?
Ms. Christina Cuervo: Why don't you let staff make a presentation.
Mr. Cruz: What street they're going to use? What will be...
Ms. Cuervo: Let staff make a presentation, and then you can ask your questions.
Vice Mayor Plummer: All right.
Commissioner Gort: Let staff make a presentation then...
164
September 28, 1995
Vice Mayor Plummer: Sit down, Mariano. Staff is going to make a presentation.
Mr. Cruz: Oh, OK.
Vice Mayor Plummer: Just for you, sir.
Mr. Cruz: Yeah, and why they move it right away and pass it, you know?
Ms. Cuervo: The property address is 710 Northwest 20th Street, Commissioners.
Vice Mayor Plummer: This is the medical school?
Mr. Roberto Lavernia: No, sir. This is parking.
Ms. Cuervo: There's a Lindsey Hopkins...
Vice Mayor Plummer: Lindsey Hopkins, OK.
Commissioner Dawkins: That's across the street from Lindsey Hopkins, by the filling station?
Mr. Lavernia: No. It's part of that property. The remaining of the...
Commissioner Gort: Part of the property.
Vice Mayor Plummer: It's got to be part of the medical complex, isn't it?
Mr. Lavernia: Yes.
Ms. Arleen Weintraub: No. It's the Lindsey Hopkins Technical Center.
Vice Mayor Plummer: All right. You make your persentation. Who's going to make the
presentation? Do it. Don't stand there with...
Mr. Lavernia: Yes. It's a major use special permit that needs four variances, and also a class
two special permit to reduce vertical clearance and special exception to introduce a new use in
the area. The major use is a six -story structure with a total of six parking levels providing
approximately 879 parking spaces. The recommendation is approval, with conditions. For the
j variance one, which is a reduction of 2.5 of the 7.5 feet setback, the recommendation is approval.
Variance number two is to increase the maximum permitted building footprint of 40...
Ms. Cuervo: It's in the backup. It's in the backup. It's the second page of the package.
Mr. Lavernia: It's in your package.
Ms. Cuervo: Because this is a major use special permit, it's included, but it's in the package.
Commissioner Gort: Right here. Yeah, right here.
Vice Mayor Plummer: All right. Go ahead, go ahead. Read, read, read.
Mr. Lavernia: OK. The recommendation is for approval, since we want the footprint increased
in order not to have more floors, and limit it to six. There's a variance that was withdrawn, and
the number four is to reduce the number of required loading berths, and this is where we put a
165 September 28, 1995
condition. The condition is the applicant shall have a staff member responsible for scheduling
all loading and unloading activities in such a way that there are never more than three trucks
servicing the complex at any given time. It's the condition that we're putting.
Commissioner Dawkins: Who owns the property south of Lindsey Hopkins on 7th Avenue?
Vice Mayor Plummer: South of Lindsey Hopkins. Across 20th Street?
Commissioner Dawkins: Yeah, south, coming back to 19th Street.
Commissioner Gort: My understanding is it says medical building.
Commissioner Dawkins: Beg pardon?
Commissioner Gort: It says medical building.
Vice Mayor Plummer: Who owns the property right now?
Ms. Cuervo: Across the street on 19th Street? Across from 19th Street?
Commissioner Dawkins: Yeah... No, no, no. OK. You know...
11 Ms. Cuervo: Or across.from 7th Avenue?
Commissioner Dawkins: Here we go again. OK? The School Board is going to put a building
up there that's not going to pay any taxes, but yet, I mean, my taxes keep going up, and my
friend can't get an agenda because we don't have a tax base. You know... Well, I will be voting
no. I just... I just cannot see letting the School Board put anything up there that doesn't produce
taxes.
Vice Mayor Plummer: Well, you know, I think you ought to give the School Board the
opportunity, really, to come up and give us, you know, in lieu of taxes...
Commissioner Dawkins: OK. I move that this be deferred until can sit down...
Vice Mayor Plummer: All right. There's a motion to defer. Is there a second?
Commissioner Gort: Second.
Vice Mayor Plummer: Second. And that is for the School Board to get in touch with
Commissioner Dawkins to negotiate out a remuneration.
Commissioner Dawkins: Who's here from the School Board?
Mr. Dagoberto Diaz: I am.
Vice Mayor Plummer: ... in lieu of taxes.
Commissioner Dawkins: All right. I'll meet you in Dr. Visiedo's office and we'll discuss, we
can discuss this.
Vice Mayor Plummer: That will be fine. Call the roll on the deferment. That would be 12 and
13.
166 September 28, 1995
Mr. Diaz: Could we discuss this?
Vice Mayor Plummer: I'm sorry.
Commissioner Dawkins: Beg your pardon?
Mr. Diaz: Could we explain to you for a second exactly where the property is going to be?
Vice Mayor Plummer:. Sir, no, sir. He wants to defer. I can tell you... Unless you want a
defeat.
Commissioner Gort: Right.
Vice Mayor Plummer: Because I'll vote to defeat it.
Ms. Weintraub: I think there's a misunderstanding, on the location.
Mr. Diaz: I just think there's a misunderstanding on the location of the parking.
..:., -_..;Vice Mayor P-1ummer.;.rThat... Well, you'll be able,to4explain that to him, of course. All right. ,.,l,... .
So we're only on 12. Is that correct?
Commissioner Dawkins: Yes, sir.
Vice Mayor Plummer: That's correct. Call the roll on the deferment.
The following motion was introduced by Commissioner Dawkins, who moved its adoption:
MOTION NO. 95-714
A MOTION TO CONTINUE AGENDA ITEM PZ-12 (PROPOSED RESOLUTION
FOR MAJOR USE SPECIAL PERMIT FOR THE LINDESY HOPKINS TECHNICAL
EDUCATION CENTER PARKING GARAGE PROJECT AT 710 N.W. 20 STREET)
TO THE COMMISSION MEETING OF OCTOBER 26, 1995; FURTHER
STIPULATING THAT COMMISSIONER MILLER DAWKINS WILL NEGOTIATE
WITH THE SCHOOL BOARD OF DADE COUNTY FOR APPROPRIATED
REMUNERATION TO THE CITY IN LIEU OF TAXES.
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.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
COMMENTS MADE AFTER ROLL CALL:
Ms. Cuervo: Are you continuing to a date certain?
I
167 September 28, 1995
I
Commissioner Gort: Continued to the 26th.
Vice Mayor Plummer: That's fine.
Commissioner Gort: Next meeting.
----------------------------------------------------------------------------------------------------------------
63. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION AT CERTAIN RECENTLY
ANNEXED / UNMAPPED LANDS ON VIRGINIA KEY TO ADD:
RECREATION, MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES, AND RESTRICTED COMMERCIAL.
[Applicant(s): Community Planning & Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 13 is Virginia Key City -sponsored. Moved by...
Commissioner Gort: Gort.
Vice Mayor Plummer: ... Gort. Seconded by Dawkins. It's an ordinance. Read the ordinance.
AT THIS POINT, THE CITY ATTORNEY READ THE
ORDINANCE INTO THE PUBLIC RECORD BY TITLE ONLY,
Vice Mayor Plummer: There are two items, 13 and 14. And this young lady, were you sworn
in?
Ms. Wendy Teas: Yes, I was.
Vice Mayor Plummer: OK. If you'll start off by giving us your name and mailing address,
please.
Ms. Teas: My name is Wendy Teas. I live at...
Vice Mayor Plummer: Speak a little louder.
Ms. Teas: My name is Wendy Teas. I live at 210 Southwest 11th Street.
Vice Mayor Plummer: OK.
Ms. Teas: I would like to request that this item, as well as items 14, 15 and 16 be postponed
until after the special municipal election, where the citizens of the City have a chance to vote on
what will be done with that portion of land.
Vice Mayor Plummer: I'm sorry? No, that was... We didn't pass 13.
Mr. Jack Luft: May I?
168 September 28, 1995
M
Vice Mayor Plummer: Excuse me, excuse me. Did we vote on 13?
Commissioner Gort: No.
Vice Mayor Plummer: I didn't think so.
Commissioner Gort: No.
Vice Mayor Plummer: We haven't voted on 13.
Ms. Teas: You're doing that now.
Mr. Walter Foeman (City Clerk): We haven't voted on 13 yet.
Vice Mayor Plummer: No, OK. All right. Mr. Luft.
Mr. Luft: All right. These are lands that were annexed and currently have no master plan
designation and no zoning. What we are doing is simply following the adopted land use plan
and applying the zoning, as State law requires. Park and recreation for the beach, and
government institutional for Marine Stadium. There's nothing about the election that's going to
change the fact that we're going to have a park on the beach, or a Marine Stadium off the
causeway. So we're doing what we simply have to do, according to State law, to put the plan
and the zoning in place. That's all.
Vice Mayor Plummer: All right. Call the roll on 13, please.
Ms. Teas: Can I say one more thing, please?
Vice Mayor Plummer: I'm sorry. Yes, if you...
Ms. Teas: May I say one more thing?
Vice Mayor Plummer: You want to say something else?
Ms. Teas: Yes, please.
Vice Mayor Plummer: Please do.
Ms. Teas: In... Trying to find where it is.
Vice Mayor Plummer: Again, I'm going to ask you to speak up.
Ms. Teas: OK. In here, it is talking about changing some of the zoning from conservation to
parks and recreation and commercial. It's talking about an actual change.
Mr. Luft: That's not this item.
Ms. Teas: OK.
Mr. Luft: If I can explain that. When the zoning map was drawn, it was drawn incorrectly. It
did not follow the master plan land use designation. In effect, we have zoned about a 300 foot
length of public beach conservation, which precludes public use of the swimming beach,
technically. We want to rezone that to park and recreation, so that the public can use the beach.
169 September 28, 1995
L
It was an inadvertent error in drawing the map. So we're moving the CS line back to the
mangroves so that all the environmentally sensitive areas remain protected. But the swimming
beach, which should have been zoned park, but wasn't, is now zoned park and recreation, so the
people can legally use it. That's what we're doing.
Vice Mayor Plummer: I think what we're doing here right now is what you're really trying to
accomplish.
Mr. Luft: All the environmentally... DERM (Department of Environmental Resource
Management) has reviewed this, and they have agreed that all the environmental areas remain
CS zoned, and protected. The public swimming areas will now be zoned park and recreation for
that kind of recreational use.
Ms. Teas: OK.
Vice Mayor Plummer: Which they should have been before.
Mr. Luft: I was just an error on the map that we're correcting.
Ms. Teas: OK. What is the part in here about changing it to restricted commercial? What
portion of land is that? That is what I am opposed to, and wish to be deferred.
�,._.,. Mr..Luft: That.is on the north point, on the 75-acre landfill where the zoning line was drawn...
They drew it on the map according to an aerial, and they drew it in the water. And we have to
move the line because it was incorrectly drawn back to where the master plan shows the C-1.
We're not changing the master plan. We're drawing the line. You have to understand, when
you draw these lines on the map, normally, we follow...
Vice Mayor Plummer: Jack, let's slow down. OK?
Mr. Luft: We follow streets and block lines.
Vice Mayor Plummer: Hello, Jack.
Mr. Luft: But on the north point, it was drawn wrong.
Vice Mayor Plummer: Mr. Luft, if you would, please. This is first reading.
Ms. Christina Cuervo (Assistant City Manager): We can provide you with a map that shows
where the C-1 is...
Mr. Luft: Yes.
Ms. Cuervo: ... if you'd like.
Vice Mayor Plummer: Mr. Luft will be glad to give you a map showing you exactly, prior to the
second reading. OK?
Ms. Cuervo: It's actually up on the... OK, it's up on the...
Vice Mayor Plummer: Call the roll on first reading of 13, please.
170 September 28, 1995
I
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN TO FORMALLY
APPLY THE "CONSERVATION," "RECREATION," "MAJOR INSTITUTIONAL,
PUBLIC FACILITIES TRANSPORTATION AND UTILITIES," AND "RESTRICTED
COMMERCIAL" LAND USE DESIGNATIONS TO RECENTLY ANNEXED LAND
ON VIRGINIA KEY IN THE VICINITY OF THE MARINE STADIUM, AND
VIRGINIA KEY BEACH; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR 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
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT:
Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
64. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION AT CERTAIN RECENTLY ANNEXED /
UNMAPPED LANDS ON VIRGINIA KEY TO ADD ZONING
CLASSIFICATION: PR PARKS AND RECREATION, G/I GOVERNMENT
AND INSTITUTIONAL, AND C-1 RESTRICTED COMMERCIAL.
[Applicant(s): Community Planning & Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Item 14.
Commissioner Gort: Move it.
Vice Mayor Plummer: Is there anybody wishing to speak on 14? Moved by Gort. Seconded by
De Yurre. Anybody wishing to speak on PZ-14? Let the record reflect no one came forward.
Call the roll.
171
September 28, 1995
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE ZONING ATLAS,
BY FORMALLY APPLYING THE ZONING CLASSIFICATIONS OF PR PARKS
AND RECREATION, G/I GOVERNMENT AND INSTITUTIONAL AND C-1
RESTRICTED COMMERCIAL TO RECENTLY ANNEXED LANDS ON VIRGINIA
KEY IN THE VICINITY OF THE MARINE STADIUM, AND VIRGINIA KEY
BEACH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, 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: None.
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
65. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN (MCNP ORDINANCE 10544) FUTURE LAND USE
MAP -- CHANGE LAND USE DESIGNATION AT CERTAIN PROPERTIES
ON VIRGINIA KEY FROM CONSERVATION TO RECREATION,
RESTRICTED COMMERCIAL AND MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES. [Applicant(s):
Community Planning & Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: PZ-15.
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Gort. Seconded by De Yurre. Call the roll.
172 September 28, 1995
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATIONS OF CERTAIN PROPERTIES ON VIRGINIA KEY
FROM CONSERVATION TO: RECREATION (FOR AREA BORDERING
"SHRIMPERS' LAGOON"), MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES (AREA EAST OF SEWAGE TREATMENT
PLANT), AND RESTRICTED COMMERCIAL (FOR NORTHERN TIP ABUTTING
NORRIS CUT), RESPECTIVELY; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, 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: None.
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
173 September 28, 1995
----------------------------------------------------------------------------------------------------------------
66. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
ATLAS -- CHANGE DESIGNATION FOR CERTAIN PROPERTIES ON
VIRGINIA KEY FROM CS CONSERVATION TO PR PARKS AND
RECREATION, C-1 RESTRICTED COMMERCIAL AND G/I GOVERNMENT
AND INSTITUTIONAL. [Applicant(s): Community Planning & Revitalization
Dept.]
Vice Mayor Plummer: Item 16. Moved by Gort. Seconded by De Yurre. Read the ordinance.
First reading. Call the roll on 16.
An Ordinance entitled -
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS
BY CHANGING THE ZONING CLASSIFICATIONS OF CERTAIN PROPERTIES
ON VIRGINIA KEY FROM CS CONSERVATION TO PR PARKS AND
RECREATION, C-1 RESTRICTED COMMERCIAL AND G/I GOVERNMENT AND
INSTITUTIONAL; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort, 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: None.
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
174 September 28, 1995
----------------------------------------------------------------------------------------------------------------
67. AMEND 94-429 BY DELETING REQUIREMENT THAT VIZCATRAN
LIMITED RE -OPEN CLOSED STREET ON / ABOUT S.W. 22 TERRACE AS
A CONDITION PRECEDENT TO DISBURSEMENT OF FUNDS.
[Applicant(s): Vizcatran Ltd.]
Vice Mayor Plummer: Item 17, a personal appearance of 168-200 Southwest 32 Road, 3200-
3202 Southwest 2nd Avenue, 1110 Southwest... 1139 Southwest 22 Terrace, in the vicinity of
Vizcaya Metrorail Station by Vizcatran Limited. As I understand, this is part of a settlement. Is
that correct?
Mr. Juan Portuondo: Yes, Commissioner.
Vice Mayor Plummer: The City has entered into this settlement. Mr. Fletcher.
Mr. John Fletcher: Yes, sir.
Vice Mayor Plummer: Are you for or against it?
Mr. Fletcher: For the settlement.
Vice Mayor Plummer: You're for the settlement.
Mr. Fletcher: Oh, yes.
Vice Mayor Plummer: All right, sir. Is there any discussion? It's a resolution. Mr. McManus.
Mr. Jim Kay: Mr. Kay. You're thinking of my dad right now, I think.
Vice Mayor Plummer: Mr. Kay. I'm all right. The world's... it's late.
Mr. Kay: Commissioners, the PZ-17 is... There is a resolution attached to try to resolve this
long-standing problem. There are a couple of parameters that we have discussed that are not
included in here, and that is that the physical closure of the street. The County is not interested
in the reopening of that street to two-way traffic, because of certain... configuration of that
intersection at 1st Avenue and 32nd Road. So the street would remain physically closed.
However, the owner is willing to redicate the street in the way that it was dedicated prior to the
platting of Vizcatran Gardens. So...
Vice Mayor Plummer: So what are you recommending that's in compromise with the owner.
Mr. Joel Maxwell (Deputy City Attorney): This is really... It's not really a settlement. That's a
misnomer, Mr. Vice Mayor. What happened was this. In 1994, June of '94, you adopted a
resolution which did, in fact, settle the ongoing dispute.
Vice Mayor Plummer: That's correct.
Mr. Maxwell: There were certain conditions in there, though, that had to be satisfied prior to the
monies, which were being paid, being dispensed. Those conditions had not been fully complied
with by the property owner, and the City did not pay. What's before you now is a resolution that
175 September 28, 1995
would delete one of the requirements, that is, to reopen the street and accept... What the property
owner is offering is the rededication instead of the reopening of the street. So if you go along
with that, we can make the change.
Vice Mayor Plummer: Well maybe...
Mr. Maxwell: Well, one other... Mr. Vice Mayor, please. There is another condition in there
that would have caused a problem. That is, that required the property owner pay one half the
attorney's fees of the neighbors prior to the City also making its disbursal. That also needs to be
addressed today, and I believe they are prepared to do that. The property owners, in a letter from
Mr. Portuondo, have proposed a methodology for satisfying those requirements.
Vice Mayor Plummer: Let's take the first one. The first one is that the County doesn't want the
street reopened...
Mr. Kay: To two-lane, two-way traffic.
Vice Mayor Plummer: ... to two-lane. The owners have agreed that they will not reopen it, but
they will dedicate it.
Mr. Kay: That's correct.
Vice Mayor Plummer: That's number one. Number two... Well, Mr. Fletcher, on number one?
Mr. Fletcher: Yes, sir. On number one. On number one, even though the street won't be
j reopened to two-way, when it's rededicated, it's our understanding that there will be a
turnaround put in there for safety reasons. Is this correct?
Mr. Kay: True.
Mr. Fletcher: By the City.
Mr. Kay: Yes, right.
Vice Mayor Plummer: By the City?
Mr. Kay: Yes, sir.
Vice Mayor Plummer: At our expense?
Mr. Kay: At our expense.
Vice Mayor Plummer: OK. Number two.
Mr. Fletcher: Which the neighbors appreciate very much.
lVice Mayor Plummer: Number two, the neighbors are concerned about getting half their money
back and mister legal...
Commissioner Gort: Not the neighbors. He is.
Vice Mayor Plummer: Mister legal beagle, you have worked out some kind of agreement to
have them win the Lotto, and will you tell us what that is?
176 September 28, 1995
_j
Mr. Fletcher: Yes, if I may.
Mr. Portuondo: Go ahead, John.
Mr. Fletcher: Yeah. I have been paid... This is money that will go back to the neighbors for
what they have paid in attorney's fees.
Vice Mayor Plummer: All right.
Mr. Fletcher: It was agreed in the original agreement that as a condition to Vizcatran, Mr.
Portuondo's client being paid, that Mr. Portuondo would first pay the sum of twenty-five
thousand dollars ($25,000) to my trust account, and then he would be paid by the City. The City
was to pay the other twenty-five thousand dollars ($25,000) for the total of the fifty thousand
dollars ($50,000). What we're suggesting now, to simplify matters is that you take twenty-five
thousand dollars ($25,000) off what you owe him and just pay the entire fifty thousand dollars
($50,000) to my trust account. And that way, he's free to get his money, we've got our money...
Vice Mayor Plummer: Does Ms. Cuervo or the City Attorney have a problem with that?
Ms. Christina Cuervo: That's fine, that's fine.
Mr. Maxwell: That's fine with us.
Vice Mayor Plummer: OK. There is no item three. There is a motion on item...
Mr. Portuondo: Excuse me, excuse me, Commissioner.
Vice Mayor Plummer: Yes, sir. Yes, sir.
Mr. Portuondo: There is one final little loose end that we've discussed with the Public Works
Department, and that is, when we took the street from you, we dedicated a turnaround on our
property.
Mr. Kay: I think that's true, they did. They dedicated a 35-by-35 foot right-of-way turnaround
on their property. They would like to get that property back into their ownership.
Vice Mayor Plummer: Back on the tax rolls.
Mr. Kay: Right. They would do that under the usual mechanisms that we have in the City for
that purpose.
Mr. Portuondo: In other words, that dedication will be vacated. There's a similar easement on
the south side, as well.
Mr. Kay: Right.
Mr. Portuondo: That's no longer needed because of the road going back.
Vice Mayor Plummer: Well, you advise us. Is that in concurrence with what the City would like
to see? Is it a normal procedure?
Mr. Kay: From a Public Works standpoint, yes, sir.
Vice Mayor Plummer: And you have no objection?
177
September 28, 1995
L
Mr. Kay: I have no objection to them going back, and following procedure to do that.
Vice Mayor Plummer: All right. All right. Is there any other question? Mr. Fletcher.
Mr. Fletcher: Yes, sir, if I may. And Mr. Portuondo is going to make a statement for the record
concerning any outstanding building permits that may have been issued prior to the rezoning.
We want to make sure they're all dead, so that after all this work we went through, they won't
build something that's inconsistent with the zoning that we put on the property.
Vice Mayor Plummer: Sounds like you put me in a conflict of interest.
Mr. Portuondo: No, we...
Vice Mayor Plummer: Mr. Portuondo.
Mr. Portuondo: We agree. We agree that if we have a permit outstanding to construct
something in excess of the current zoning that we abandon that permit.
Vice Mayor Plummer: Is there...
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Mr. Gort. Seconded by Mr. Dawkins. It's a resolution. Any
further discussion? Hearing none, call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 95-715
A RESOLUTION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 94-
429, ADOPTED JUNE 9, 1994 RELATIVE TO THE RECENT DOWNZONING OF
PROPERTY LOCATED AT 168-200 SOUTHWEST 32ND ROAD AND 300-3202
SOUTHWEST 2ND AVENUE AND 1100-1139 SOUTHWEST 22ND TERRACE IN
THE VICINITY OF THE VIZCAYA METRORAIL STATION, NY AMENDING
PROVISIONS PERTAINING TO: THE REQUIREMENT THAT VIZCATRAN
LIMITED REOPEN THE CLOSED STREET ON OR ABOUT SOUTHWEST 22ND
TERRACE; THE PAYMENT OF NEIGHBOR'S LEGAL EXPENSES; AND RIGHTS -
OF -WAY DEDICATIONS; CONTAINING A REPEALER PROVISION AND 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.)
178 September 28, 1995
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Mayor Stephen P. Clark
---------------------------------------------------------------------------------------------------------------
68. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- PROHIBIT VARIANCES FOR REDUCTION IN VISIBILITY
TRIANGLES. [Applicant: Community Planning & Revitalization Dept.]
Vice Mayor Plummer: Item 18.
Ms. Christina Cuervo: It's a second reading ordinance.
Vice Mayor Plummer: What is it?
Ms. Cuervo: This is prohibiting variances on visibility triangles.
Vice Mayor Plummer: OK.
Commissioner Gort: Move it, move it.
Vice Mayor Plummer: Is there anybody wishing to speak on 18? Hearing none, read 18. Could
we ask you, please, to exit quietly? Call the roll on 18.
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.
179 September 28, 1995
passed on its first reading, by title, at the meeting of July 13, 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.
NAYS: None.
i
ABSENT: Mayor Stephen P. Clark
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11314.
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. SECOND READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- AMEND REGULATIONS FOR ON -SITE SIGNS ABOVE A HEIGHT
OF FIFTY FEET ABOVE GRADE. [Applicant: Community Planning &
Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Nineteen, second reading.
Commissioner Gort: Move it.
Vice Mayor Plummer: SD-9 Biscayne Boulevard North Overlay Zoning. Anyone wishing to
speak on item PZ-19?
Commissioner Gort: Move it.
Commissioner Dawkins: Second, second.
Vice Mayor Plummer: Moved by Gort. Seconded by De Yurre (sic). Read 19. Anyone wishing
to speak further on 19? Let the record reflect no one came forward. Call the roll.
180 September 28, 1995
L
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING SECTION 609,
"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.
passed on its first reading, by title, at the meeting of July 13, 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. 11315.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
70. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT --ADD CAMPING FACILITIES AS A CONDITIONAL PRINCIPAL
USE WITHIN PR PARKS, RECREATION AND OPEN SPACE ZONING
DISTRICT. [Applicant: Community Planning & Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
'Vice Mayor Plummer: Twenty is a first reading of an ordinance, PR, park and recreation...
Commissioner Gort: Move it.
Vice Mayor Plummer: Open space zoning.
Commissioner Gort: Move it.
Vice Mayor Plummer: Moved by Gort. Seconded by De Yurre. Read the ordinance. Any
further discussion? Call the roll.
181 September 28, 1995
L'111 V1UL11CLLLGG G11L1L1GU
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW, AS A
CONDITIONAL PRINCIPAL USE IN PR -PARKS AND RECREATION ZONING
DISTRICTS, CAMPING FACILITIES BY SPECIAL EXCEPTION WITH CITY
COMMISSION APPROVAL ONLY AND SUBJECT TO CERTAIN EXCEPTIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE. .
was introduced by Commissioner Gort, seconded by Commissioner De Yurre, and was
passed on first reading, by title only, by the following vote:
AYES:...__ Commissioners Wifredo Gort _. .
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
_The.City_Attorney read the ordinance into:.the � public record and announced that copies _
were available to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
71. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 11000
TEXT -- MODIFY REGULATIONS PERTAINING TO LAUNDRY AND DRY
CLEANING FACILITIES IN C-1 RESTRICTED COMMERCIAL DISTRICT --
REPLACE CLASS II SPECIAL PERMIT WITH SPECIAL EXCEPTION.
[Applicant: Community Planning & Revitalization Dept.]
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: The item we've been waiting for all night, PZ-21 is the last item of the
night.
Commissioner Gort: I have a question.
Vice Mayor Plummer: Question by Commissioner Gort.
Commissioner Gort: My understanding is that we're going to allow, in the C-1, we're going to
allow additional laundry and dry cleaning use. My understanding, with the problems that we
have with DERM (Department of Environmental Resource Management) is these people would
have to comply with DERM before they can set out. Am I correct?
Vice Mayor Plummer: You can't get a permit otherwise.
Commissioner Gort: OK. Move it.
Vice Mayor Plummer: Moved by Gort on first reading, seconded by De Yurre. All right. Please
be quiet. Thank you. Call the roll on 21.
182 September 28, 1995
L. J
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO MODIFY THE
LIMITATIONS FOR LAUNDRY AND DRY CLEANING FACILITIES WITHIN C-1
RESTRICTED COMMERCIAL ZONING DISTRICTS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort, 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: None.
ABSENT: Mayor Stephen P. Clark
The City Attorney read the ordinance into the public record and announced that copies
__ ..._ were available.to the members of the City Commission and to the public.
----------------------------------------------------------------------------------------------------------------
72. RESCHEDULE BOTH COMMISSION MEETINGS IN NOVEMBER TO
TAKE PLACE ON NOVEMBER 16, 1995.
Vice Mayor Plummer: Commissioner De Yurre, you have an item you wish to bring up?
Commissioner De Yurre: I think "we" have an item we both wish to bring up.
Vice Mayor Plummer: All right, sir.
Commissioner De Yurre: November 9th meeting, we should be able to move it to the 16th, in
case there's a runoff.
Vice Mayor Plummer: There's not going to be any runoff. In case there is, there was a
suggestion that both meetings, because of Thanksgiving, that we have a meeting in the morning
and in the afternoon on the 16th.
Commissioner De Yurre: So be it.
Commissioner Gort: Yeah.
Vice Mayor Plummer: Commissioner Dawkins?
Commissioner Dawkins: Move it.
Vice Mayor Plummer: Moved by Commissioner Dawkins. Seconded by Commissioner Gort.
Call the roll.
183 September 28, 1995
,�I
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 95-716
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY COMMISSION
MEETING OF NOVEMBER TO COMMENCE AT 9:00 A.M. ON NOVEMBER 16,
1995; FURTHER RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING OF NOVEMBER TO COMMENCE AT 4:30 P.M. ON NOVEMBER 16,
1995.
(Here follows > ody 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
COMMENTS MADE AFTER ROIL CALL:
Vice Mayor Plummer: I have to ask a question. Sir, are you here for any item that's been before
this Commission?
Commissioner Gort: No. We... We're working on something with them.
Vice Mayor Plummer: All right. Sir, either one of you here for a reason of anything before this
Commission? Any item that you're here... No, she's here because of me. She's hungry. Is
there any other matter to come before this Commission? The next Commission meeting will not
be until October the 26th. We'll see all of you at that time. Thank you and good night.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:41 p.M.
Stephen P. Clark
MAYOR
ATTEST:
Walter J. Foeman
CITY CLERK
Maria Josephine Argudin
ASSISTANT CITY CLERK
184 September 28, 1995