HomeMy WebLinkAboutCC 1994-12-01 MinutesPREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
December 1, 1994
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL DISCUSSION
ITEMS. 12/1/94
2. (A) CONSENT AGENDA.
(B) DIRECT ADMINISTRATION NOT TO HAND
OVER TOTAL GRANT MONIES, BUT RATHER PAY
INVOICES AS THEY ARE PRESENTED.
(C) DIRECT ADMINISTRATION TO PROVIDE
THE COMMISSION, IN WRITING: (1) THE
CURRENT BALANCE IN THE SELF-INSURANCE
TRUST FUND; AND (2) TOTAL AMOUR OF
CLAIMS / POTENTIAL SETTLEMENTS.
2.1. APPROVE PURCHASE OF CELUJLAR TELEPHONES
AND ACCESSORIES -- FROM BELL SOUTH
MOBILITY, INC. (UNDER DADE COUNTY
CONTRACT 725-330-91-1) -- FOR USE BY
VARIOUS CITY DEPARTMENTS -- ALLOCATE
$10,000 -- EXTEND CONTRACT, SUBJECT TO
AVAILABILITY OF FUNDS.
2.2. AUTHORIZE MANAGER TO MAKE PURCHASE
OFFERS AND EXECUTE AGREEMENTS WITH
OWNERS OF 6 VACANT PARCELS OF LAND
WITHIN COMMUNITY DEVELOPMENT TARGET
AREAS -- SAID PARCELS TO BE USED FOR
DEVELOPMENT OF AFFORDABLE HOUSING FOR
LOW / MODERATE INCC lME FAMILIES IN
CONNECTION WITH SCATTERED SITE
AFFORDABLE HOMEOWNERSHIP DEVELOPMENT
PROGRAM -- ALLOCATE $66, 920 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) PROGRAM -- AUTHORIZE CITY
ATTORNEY TO CLOSE ON SUBJECT PARCELS
AFTER EXAMINATION OF ABSTRACTS AND
CONFIRMATION OF TITLE.
DISCUSSION
12/1/94
R 94-858
12/1/94
R 94-859
12/1/94
N
2-6
7
2.3.
ACCEPT BID: ALL COUNTY AIR
R 94-860
CONDITIONING, INC. -- FOR TACOLCY
12/1/94
CENTER A/C REPAIR (B-6226 ) -- ALU)CATE
FUNDS ($20,564, PLUS $3,700 ESTIMATED
EXPENSES, TOTALING $24,264) FROM CIP
331364 -- EXECUTE CONTRACT.
2.4.
ACCEPT BID: MIAMI ELEVATOR COMPANY --
R 94-861
FOR FURNISHING ELEVATOR MAINTENANCE
12/1/94
SERVICES AT 7 CITY FACILITIES -- FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION & SOLID WASTE / PROPERTY
MAINTENANCE DIVISION -- ALLOCATE FUNDS
($26, 436 ) -- KUM CONTRACT, S[7AJEK,T
TO AVAILABILITY OF FUNDS.
2.5.
FUND ANTI -DRUG EDUCATION PROGRAM --
R 94-862
AILOCATE $85,000 FROM LAW ENFORCEMENT
12/1/94
TRUST FUND (LETF).
2.6.
FUND KIDS OFF STREETS PROGRAM --
R 94-863
ALLOCATE $15,000 FROM LAW ENFORCEMENT
TRUST FUND (LETF).
12/1/94
2.7.
APPROVE APPLICATION FOR TM -DAY STATE
R 94-864
LIQUOR PERMIT BY FLORIDA INTERNATIONAL
12/1/94
RESTAURANT, HOTEL & BAKERY EXPOSITION,
INC. -- FOR DISPLAY BY MANUFACTURERS /
DISTRIBUTORS OF PRODUCTS LICENSED UNDER
STATE BEVERAGE LAW AND FOR CONSUMPTION
AT THE COCONUT GROVE CONVENTION CENTER
(JANUARY 24-25, 1995).
2.8.
AUTHORIZE LEASE / RENTAL OF ADDITIONAL
R 94-865
HEAVY DUTY TYPE E COPIER -- FOR CITY
12/1/94
CLERK'S OFFICE (UNDER BID NO. 92-93-
103) -- FROM XEROX CORPORATION --
AU,OCATE FUNDS ($19,000).
2.9.
EXECUTE AGREEMENT WITH ANDREA ROTH --
R 94-866
FOR EXECUTIVE SECRETARY SERVICES -- FOR
12/1/94
THE INTERNATIONAL TRADE BOARD --
ALLOCATE FUNDS ($30,000) FROM ITB
BUDGET.
2.10.
CLAIM SETTLEMENT: ERWIN STEWARD
R 94-867
($40,000).
12/1/94
2.11.
CLAIM SETTLEMENT: JOHN DOVER
R 94-868
($80,000).
12/1/94
8-9
Z
pi
10
10
11
11
11-12
12
2.12. ACCEPT PLAT: MWER PLAT.
R 94-869 12
12/1/94
i 2.13. ACCEPT 4 KAWASAKI JET SKI UNITS FROM
R 94-870
KAWASAKI MMlORS CORP., U.S.A. (UNDER
12/1/94
KAWASAKI'S LIFEGUARD / LAW ENFORCEMENT
LOAN PROGRAM) -- TO BE USED BY POLICE
AND PARKS & RECREATION DEPARTMENTS TO
PROVIDE SECURITY TO THE CITY`S 26 MILES
OF LINEAR COASTLINE, 19.5 MILES OF
BISCAYNE BAY, OVER 20 NAVIGABLE CANALS
AMID THE MIAMI RIVER, THE RESCUE OF
SWIMMERS AMID ASSISTANCE TO BOATERS IN
DISTRESS.
3. ELECT / APPOINT CMUSSIONER J.L.
R 94-871
PLUDM ER, JR. AS VICE MAYOR.
12/1/94
4. DISCUSS AMID DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOLUTION TO APPOINT
12/1/94
INDIVIDUALS TO SERVE AS MEMBERS OF THE
COCONUT GROVE PARKING ADVISORY
CO&lMITrEE .
S. DISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOLUTION TO APPOINT AN
12/1/94
INDIVIDUAL TO SERVE AS A MEMBER OF THE
PROPERTY AND ASSET REVIEW COMMITTEE.
6. SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
NEW SPECIAL REVENUE FUND: HOUSING
11206
OPPORTUNITIES FOR PERSONS WITH AIDS
12/1/94
(HOPWA) GRANT PROGRAM (FY 1994) --
APPROPRIATE FUNDS ($5,155,000) FROM
U.S. DEPARIVINT OF HOUSING AND URBAN
DEVELOPMENT -- FOR IMPLIIAEN ATION /
ADMINISTRATION OF 1994 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
PROGRAM.
7. DISCUSS AND REFER PROPOSED LEASE
M 94-872
AGREEMENT WITH HEALTH
12/1/94
TECHNOLOGIES, INC. FOR USE OF
CITY -OWNED PROPERTY AT 1145 N.W.
11 STREET TO CITY MANAGER FOR
FURTHER NEGOTIATION -- DESIGNATE
VICE MAYOR J.L. PLUMMER TO HEAD
NEGOTIATING TEAM.
13
13-14
15-17
17
17-18
19-24
8. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION 24-25
CONSIDERATION OF PROPOSED RESOLUTION TO 12/l/94
EXECtA.'E A REVOCABLE PERMIT WITH BAYSIDE
SEAFOOD RESTAURANT, INC. FOR USE OF
RESTAURANT AREA AT VIRGINIA KEY; ETC.
(See labels 25, 36, 40 & 41)
9. EXECUTE AGREEME-iT WITH METROPOLITAN R 94-873 26-27
DADE COUNTY, WATER AND SEWER 12/1/94
DEPARTM U -- FOR PROVISION OF WATER
AND SEWER SERVICES FOR THE CHARLES
HADLEY PARK OLYMPIC POOL COMPLEX --
DIRECT ADMINISTRATION TO (1) DESIGN THE
NECESSARY WATER MAIN; AMID (2) SOLICIT
BIDS FOR ITS CONSTRUCTION /
INSTALLATION.
10. ACCEPT PROPOSAL OF SYSM4 CONSULTATIONS R 94-874 27-29
INC. -- FOR PURCHASE / INSTALLATION / 12/l/94
IMPLEMENTATION OF COMPUTES: SOFTWARE TO
ENHANCE CITY'S EXISTING FINANCIAL
MANAGEMENT' SYSTEM -- ESTIMATED COST
$531,000 -- ALLOCATE $274,000 FROM CIP
311027, BALANCE TO BE FINANCED OVER
SEVERAL YEARS AS MODULES ARE
IMPLEMENTED -- EXECUTE CONTRACT.
11. ACCEPT BID: PAIIAETTO FORD OF MIAMI -- R 94-875 29-31
FOR 20 THIRTY-TWO (32) YARD RUBBISH 12/1/94
TRUCKS -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID
WASTE, FLEET MANAGEMENT DIVISION --
ALLOCATE $786,520 (CIP 353010).
12. AUTHORIZE LEASE / LEASE PURCHASE OF R 94-876 31-33
COMPUTERS AND PERIPHERALS -- FROM 12/1/94
UNISYS CORPORATION -- FOR LAW
DEPAR'DEM (UNDER STATE OF FLORIDA
MICROCOMPUTER CONTRACT 250-040-93-1) --
ALLOCATE FUNDS ($337,000) -- AUTHORIZE
MANAGER TO NEGOTIATE WITH FINANCIAL
INSTITUTIONS FOR MOST FAVORABLE
FINANCING AND TO EXECUTE NECESSARY
DOCUMENTS.
13. DIRECT CITY ATTORNEY TO INSTALL THREE M 94-877 33-34
FAX MACHINES IN THE LAW DEPARTMENT. 12/1/94
14.
RATIFY MANAGER'S FINDING OF
R 94-878
EMERY -- WAIVE SEALED BID
12/l/94
PROCEDURES FOR CONTAMINATION
REMEDIATION OF THE N.W. 4 STREET OIL
RECLAIM FACILITY, B-55791 -- ALLOCATE
FUNDS ($130,667 - CIP 311009) --
EXECUTE CONTRACT.
15.
ACCEPT BID: BANNERMAN LANDSCAPING,
R 94-879
INC. -- FOR CITYWIDE SIDEWALK
12/l/94
REPLACEMENT PRO,= - PHASE 11 B-
4575 -- ALLOCATE FUNDS ($394,500, PLUS
$45,204 ESTIMATED EXPENSES, TOTALING
$439,704) -- EXEC= CONTRACT. (See
label 32)
16.
EXECUTE PROFESSIONAL SERVICE AGREIIMENI.'S
R 94-880
WITH INDIVIDUALS TO PROVIDE
12/l/94
COMM(JNICATIONS OPERATOR SERVICES FOR
POLICE DEPARTMENT -- ALLOCATE FUNDS
($100,000).
17.
D'ISCUSS AND DEFER CONSIDERATION OF
DISCUSSION
PROPOSED RESOLUTION TO WAIVE
12/l/94
COMPETITIVE SEALED BIDS FOR
CONSTRUCTION OF SUBDIVISION
IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY
ADJACENT TO NEW PIVE TE PARK PLAT.
(See label 18 & 37)
18.
(A) AUTHORIZE INCREASE IN CONTRACT
R 94-881
($7,227.58) WITH NET CONSTRUCTION,
12/l/94
INC. -- FOR PROJECT: BAYFRONT PARK
REDEVELOPMENT - SOUTH END PHASE I, B-
2987 -- ALLOCATE FUNDS FROM CIP
331305 -- RATIFY MANAGER'S FINDING OF
EMERGENCY.
(B) (Continued discussion) BRIEF
CANTS CONCERNING PROPOSED RESOLUTION
TO WAIVE COMPETITIVE SEALED BIDS FOR
CONSTRUCTION OF SUBDIVISION
IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY
ADJACENT TO NEW PIVETT'E PARK PLAT.
(See label 17 & 37)
19.
RATIFY MANAGER'S FINDING OF
R 94-882
EMERGENCY -- WAIVE COMPETITIVE SEALED
12/1/94
BIDS -- APPROVE PURCHASE OF A WATER
HEATER FOR POLICE DEPARTMENT --
ALLOCATE FUNDS ($5,400).
34-36
37
38-42
42-43
43-46
46-47
20.
RATIFY MANAGER'S FINDING OF
R 94-883
47-49
9421GENCY -- WAIVE COMPETITIVE SEALED
12/l/94
BIDS -- APPROVE LEASE OF EQUIPMENT,
INCLUDING GENERATORS, LIGHT STANDARDS,
PORT-O--LE15, ETC. IN CONNECTION WITH
TWO TOURIST INFORMATION CENTERS -- FOR
POLICE DEPARTMENT -- ALLOCATE FUNDS
($50,000).
21.
RATIFY MANAGER'S EM009CY ACTION --
R 94-884
49-51
WAIVE COMPETITIVE SEALED BIDS FOR
12/l/94
FURNISHING / INSTALLATION OF CARPETING
FOR CHIEF OF POLICE'S OFFICE --
ALLOCATE FUNDS ($7,122.50).
22.
BRIEFLY DISCUSS AND DEFER PERSONAL
DISCUSSION
51
APPERANCE OF MR. SAMUEL MASON TO
12/l/94
DISCUSS VIOLATIONS OF MEMORANDUMS OF
UNDERSTANDING BETWEEN MARTIN LUTINER
KING ECONOMIC DEVELOPMENT CORPORATION
AND THE CITY (ADOPTED JUNE 4, 1982).
23.
PERSONAL APPEARANCE: MR. GEORGE
DISCUSSION
52-53
ROUMAIN, VICE PRESIDENT OF TECINA
12/l/94
INTERNATIONAL, INC. -- TO DISCUSS
ADDITIONAL COSTS RELATED TO
PAYMENT PERFORMANCE BOND FOR
PEACOCK PARK PROJECT.
24.
(A) BRIEF COMMENTS CONCERNING THE EAST-
DISCUSSION
53-54
WEST MULTImODAL CORRIDOR / MIAMI
12/1/94
INI'ERNIDDAL CENTER STUDY.
(B) DISCUSSION CONCERNING PARKING
PROBLEMS DUE TO REPAVING AT N.W. 7
STREET FROM N.W. 12 TO 37 AVENUES.
25. (A) GRANT REQUEST BY THE SUPER BOWL R 94-885 55-62
HOST COMMITTEE FOR $50,000 CONCERNING 12/l/94
THE 1995 SUPER BOWL.
(B) DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF ITEMS CONCERNING
VIRGINIA KEY MARINA -- COMMISSIONER
DAWKINS INVOKES 5-DAY RULE. (See labels
81 36, 40 & 41)
26. AUTHORIZE MANAGER TO APPROVE: (1) R 94-886 63-66
SUBLEASE AGREEMENT BETWEEN OLYMPIA 12/l/94
BUILDING PARTNERS, LTD. AMID OLYMPIA
RESIDENTIAL BUILDING PARTNERS, LTD.;
AND (2) NON -DISTURBANCE AGREEMENT WITH
OLYMPIA BUILDING PARTNERS, LTD. AND
OLYMPIA RESIDENTIAL BUILDING PARTNERS,
LTD. -- FOR REDEVELOPMENT OF THE
OLYMPIA BUILDING.
27.
CITY ATTORNEY ANNOUNCES THAT ORAL
DISCUSSION 66-67
ARGUMENT ON HOMELESS APPEAL WILL
12/l/94
BE HEARD IN THE FEDERAL JUSTICE
BUILDING, 11TH FLOOR, ON DECEMBER
2, 1994, AT 9:00 A.M.
28.
DISCUSSION CONCERNING
DISCUSSION 67-69
CONSIDERATION OF PROPOSED
12/l/94
RESOLUTION TO DISPENSE WITH
PROCEDURES FOR PROFESSIONAL
SERVICES (OUTLINED IN CODE
SECTION 18-52.3) FOR NEW MOTOR
POOL AND COMMUNICATIONS
MAINTENANCE FACILITY AND RELATED
STRUCTURES AT N.W. 20 STREET AND
N.W. 14 AVENUE -- VICE MAYOR
DAWKINS INVOKES 5-DAY RULE.
29.
APPROVE TRANSFER OF CITY LOAN
R 94-887 69-70
($33,000), ORIGINALLY PROVIDED TO THE
12/1/94
SMALL BUSINESS OPPORTUNITY CENTER, INC.
FOR PURCHASE OF PROPERTY DEVELOPED AS A
PARKING LOT AT 1419 W. FLAGLER STREET,
TO THE LATIN CHAMBER OF COMMERCE
(L)
30.
APPROVE TRANSFER OF CITY LOAN
R 94-888 70-71
($115,659.55), PROVIDED TO THE SMALL
12/l/94
BUSINESS OPPORTUNITY CENTER, INC. --
FOR PURCHASE OF PROPERTY AT 1401 W.
FLAGL.,Et STREET -- TO THE LATIN CHAMBER
OF COMMERCE (CAMACOL) -- APPROVE
SUBORDINATION OF SAID LOAN TO SUN BANK
/ MIAMI, N.A., FOR CONSIDERATION OF A
$300,000 DEBT REFINANCING LOAN TO
CAMACOL.
31.
VICE MAYOR DAWKINS REQUESTS PUBLIC
DISCUSSION 72-73
HEARING DURING JANUARY COMMISSION
12/l/94
MEETING CONCERNING OVERIOWN
REDEVELOPMENT AUTHORITY, AS WELL AS A
CITY COMMISSION TOWN HALL MEETING TO BE
HELD IN OVERTOWN AREA.
32.
(Continued) DISCUSSION CONCERNING AWARD
DISCUSSION 73-74
OF BID TO BANNERMAN LANDSCAPING, INC.,
12/1/94
FOR CITYWIDE SIDEWALK REPLACEMENT
PRO,= - PHASE II B-4575. (See label
15)
33. DISCUSSION CONCERNING PROPOSED SPECIAL
NEIGHBORHOOD IMPROVEMENT DISTRICT IN
SOUTH COCONUT GROVE -- REQUEST CITY
CCMISSION TO ADOPT PROPOSED ORDINANCE
GALLING FOR A REFERENDUM TO BE VOTED
UPON BY THE PEOPLE OF THE SOUTH GROVE
AREA CONCERNING INSTITUTION OF SAID
PROPOSED TAX DISTRICT IN ORDER TO
INCREASE POLICE PROTECTION -- SET
PUBLIC HEARING DURING JANUARY 12, 1995
C14USSION MEETING, AT 7:00 P.M., IN
COCONUT GROVE CONVENTION CENTER IN --
DIRECT ADMINISTRATION TO NOTIFY ALL
AREA RESIDENTS CONCERNING SAID PUBLIC
HEARING.
34. GRANT REQUEST BY
METRO-DADE
COUNTY TO
WAIVE CITY FEES
($13,793)
CONCERNING
THE OPENING CEREMONY
OF THE
9TH STREET
MALL (DFCEMBER11,
1994 ) -- URGE
METRO-
DADE COMMISSION TO PROVIDE,
AT NO COST
TO THE CITY, BUS SERVICE
FOR CITY
POLICE DEPARTMENT
DURING THE
SUMMIT OF
THE AMERICAS.
35. DISCUSSION CONCERNING AGREEMENT
WITH ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC. --
FOR IMPLEMENTING A VARIANT
COMMERCIAL FACADE PROGRAM ALONG
N.W. 2 AND 3 AVENUES BETWEEN N.W.
8 AND 21 STREETS. (See label
35.2)
35.1 (continued discussion) CITY
ADMINISTRATION CONFIRMS JANUARY
12, 1995, AT 7:00 P.M., IN
COCONUT GROVE CONVENTION
CENTER -- FOR PUBLIC HEARING IN
CONNECTION WITH PROPOSED SPECIAL
NEIGHBORHOOD IMPROVEMENT DISTRICT
FOR SOUTH COCONUT GROVE AREA
RESIDENTS. (See label 33)
35.2 (Continued discussion) EXECUTE
AGREEMENT WITH ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC. -- FOR
IMPLEMENTING A VARIANT COMMERCIAL
FACADE PROGRAM ALONG N.W. 2 AND 3
j AVENUES BETWEEN N.W. 8 AND :?1
STREETS -- ALTMATE $40, 000 FROM 20Tts
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUND. (See label 35)
M 94-889
12/1/94
R 94-890
12/1/94
DISCUSSION
12/1/94
DISCUSSION
12/1/94
R 94-891
12/1/94
75-96
99-100
100-101
101
36. (Continued) DISCUSSION
VIRGINIA KEY MARINA. (See
40 & 41)
CONCERNING DISCUSSION
labels 8, 25, 12/1/94
37. (Continued discussion) WAIVE R 94-892
COMPETITIVE SEALED BID PROCEDURES FOR 12/l/94
CONSTRUCTION OF SUBDIVISION
IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY
ADJACENT TO THE PLAT OF NEW PIVETE
PARK -- RATIFY MANAGER'S FINDING THAT
EMERGENCY EXISTID -- EXECUTE CONTRACT
WITH JOAR CORPORATION -- ALLOCATE FUNDS
($42,500) FROM DEPOSITS REFUNDABLE
ACCOUNT. (See label 17)
38. AUTHORIZE MANAGER TO ENTER INTO SHORT R 94-893
TERM CONTRACT[' (ON NONIH TO MONTH BASIS) 12/l/94
WITH GALLO FORKLIFTS OF FLORIDA -- FOR
EMERGENCY RENTAL OF 18,000 POUND MARINE
FORKLIFT TSE 110.
39. AUTHORIZE INCREASE ($77,500) IN R 94-894
EXISTING CONTRACT WITH TERRA TECH, 12/1/94
INC. -- FOR CLEANING OF HURRICANE
ANDREW RELATED DEBRIS ON VIRGINIA KEY.
40. (Continued discussion) AUTHORIZE R 94-895
MANAGER TO EXECU.t'E A REVOCABLE PERMIT 12/l/94
WITH BAYSIDE SEAFOOD RESTAURANT,
INC. -- FOR USE OF RESTAURANT AREA AT
VIRGINIA KEY MARINA, TO ALLOW FOR
CONTINUED OPERATION OF FOOD / BEVERAGE
CONCESSION, ON A MONTH TO MONTH BASIS,
AT $2,500 PER MONTH, PLUS 10.3% OF ITS
MONTHLY GROSS PROCEEDS. (See labels 8,
25, 36 & 41)
102-103
103-104
104-106
106-108
108-110
41.
(A) (Continued discussion) ACCEPT
R 94-896
ADMINISTRATION'S BUDGET FOR VIRGINIA
R 94-897
KEY MARINA -- PERMIT RICKENBACKER
12/l/94
MARINA TO USE CITY RAMP AND
FORKLIFTS -- COLLECT RENT FOR 100 BOATS
PRESENTLY IN RACKS ON VIRGINIA KEY
MARINA -- DEDUCT $4,500 FROM PROCEEDS
OF BOAT RENTALS TO COVER COST OF
RICIMIBACKER MARINA' S USE OF CITY RAMP
AND FORKLIFTS. (See labels 8, 25, 36 &
40)
(B) AUTHORIZE MANAGER TO ENTER INFO A
USE AND SERVICES AGREEMENT FOR
RICER MARINA.
(C) DISCUSSION CONCERNING RFP FOR
VIRGINIA KEY MARINA -- STIPULATE THAT
COMPETITIVE BIDDING PROCEDURES MUST BE
ADOPTED.
42.
COMMISSIONER DE YURRE READS LETTER FROM
DISCUSSION
KATY SORENSON, COUNTY MM'IISSIONER,
12/l/94
THANKING MANUEL GONZALEZ-GOENAGA FOR
APPLYING FOR THE POSITION OF COUNTY
MANGER.
43.
INSTRUCT MIAMI CAPITAL DEVELOPMENT
R 94-898
CORPORATION (MCDC) TO MAKE AVAILABLE A
12/l/94
SHORT TERM LOAN FOR BORINQUEN HEALTH
CLINIC -- DIRECT ADMINISTRATION
(COMMUNITY DEVELOPMENT DEPARTMENT) TO
PROVIDE THE LOAN IF MCDC IS UNABLE TO
DO SO.
44.
GRANT FUNDING REQUEST BY DR. MARTIN
R 94-899
IIJTHER KING, JR. PARADE & FESTIVITIES
12/l/94
COMMITTEE CONCERNING THEIR PARADE
(JANUARY 16, 1995).
45.
GRANT FUNDING REQUEST BY BIG LEAGUE
R 94-900
SPORTS PRODUCTION, INC. CONCERNING ITS
12/l/94
FESTIVAL TO BE HELD AT BAYFRONT PARK
(JANTARY 27, 1995) .
46.
BRIEF COMMENTS CONCERNING THE PAINTING
DISCUSSION
OF PRESIDENTS WHICH APPEARED IN THE
12/l/94
MIAMI HERALD NEWSPAPER, COMMEMORATING
THE UPCOMING SUMMIT OF THE AMERICAS.
47.
AUTHORIZE FUNDING FOR DESIGN / LAYOUT /
R 94-901
PRODUCTION / PRINTING OF NEIGHBORHOOD
12/l/94
M]ANCEMENT TEAM (NET) BOOKLETS -- BY
CREATIVE GROUP -- ALLOCATE $30,000.
110-116
117-118
118-120
120-122
123-125
125-126
126-127
48.
COMENTS BY MAYOR STEPHEN P. CLARK
DISCUSSION
CONCERNING WTMI GOLF CLASSIC TOURNAMENT
12/l/94
WHICH RAISED $25,000 FOR THE
DISABLED -- THANKS PARKS DEPARIME -
49.
BRIEF COMMENT`' CONING CONTRACT LATE
DISCUSSION
PAYMENTS -- DIRECT ADMINISTRATION, IN
12/l/94
FUTURE, TO REQUIRE THREE PAYMENTS IN
ADVANCE.
50.
(Continued discussion) DISPENSE WITH
R 94-902
PROCEDURES FOR PROFESSIONAL SERVICES
12/l/94
(CODE SECTION 18-52.3) FOR A NEW MOTOR
POOL AND CCMMUNICATIONS MAINTENANCE
FACILITY AND RELATED STRUCTURES AT N.W.
20 STREET AND N.W. 14 AVENUE -- RATIFY
MANAGER'S FINDING OF EMERGENCY --
RECOGNIZE THAT POST, UXTI Y, SCHUH AND
JERNIGAN, INC. HAS CCMPLETED
SIGNIFICANT ARCHITECTURAL AMID
ENGINEERING RESEARCH / SITE PLANNING /
DEVELOPMENT FOR SAID FACILITY KNOWN AS
"A FEASIBILITY STUDY TO CONSOLIDATE
SELECTED MAINTENANCE FUNCTIONS OF THE
CITY OF MIAMI MUNICIPAL SHOPS" --
ALLOCATE $135,000 FRCS! CIP 311018.
(See label 28)
51.
CTASE / VACATE / ABANDON / DISCONTINUE
R 94-903
PUBLIC USE OF S.W. 33 AVENUE BETWEEN 11
12/l/94
AND 12 STREEIM, AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT N0. 1465
(WOODLAWN PARK CEMETERY 1ST ADDITION
SUBDIVISION) AT 1103 S.W. 34 STREET,
3338 S.W. 11 STREET, 3314 S.W. 11
STREET, 3300 S.W. 11 STREET, 1112 S.W.
33 AVENUE & 1120 S.W. 33 AVENUE.
(Applicant: Woodlawn Park Cemetery.)
52.
DEFER CONSIDERATION OF PROPOSED
M 94-904
RESOLUTION TO CLOSE / VACATE / ABANDON
12/1/94
/ DISCONTINUE PUBLIC USE OF PORTION OF
N.W. 11 AVENUE BETWEEN N.W. 29 TERRACE
AND N.W. 30 STREET -- DIRECT
ADMINISTRATION TO NEGOTIATE WITH DADE
COUNTY SCHOOL BOARD.
53.
CLOSE / VACATE / ABANDON / DISCONUE
R 94-905
PUBLIC USE OF PLATTED SIX FOOT EASEMENT
12/1/94
WEST OF N.W. 17 AVENUE BETWEEN N.W. 34
& 35 STREETS, AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT N0. 1445A
(GRAVES SUBDIVISION). (Applicant:
Sunbelt -Dix, Inc.)
128
128-129
129-133
133-135
135-137
137-139
54. FIRST READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 1902 N.W. 14
AVENUE FROM HIGH DENSITY MULTI-
FAMILY RESIDENTIAL TO RESTRICTED
COMMERCIAL. (Applicant: Sun
Bank/Miami, N.A. [owner], VAH
Miami, Federal Credit Union
[buyer].)
55. FIRST READING
11000 ATLAS --
AT 1902 N.W.
MULTI -FAMILY
RESIDENTIAL 7
COMMERCIAL.
Bank/Miami,
Federal Credit
ORDINANCE: AMEND
CHANGE DESIGNATION
14 AVENUE FROM R-4
HIGH -DENSITY
'0 C-1 RESTRICTED
(Applicant: Sun
N.A. [owner]/VAH
Union [buyer].)
FIRST READING
ORDINANCE
12/1/94
FIRST READING
ORDINANCE
12/1/94
139-141
141-143
56. DISCUSS AND CONTINUE (TO JANUARY 26, DISCUSSION 143-148
1995 MEETING) PROPOSED RESOLUTION TO 12/1/94
RELEASE A DECLARATION OF RESTRICTIVE
COVENANTS AND MODIFICATION IN
CONNEGTION WITH PROPERTY AT 2951-2999
S.W. 22 TERRACE.
57. FIRST READING ORDINANCE: AMEND 10544
(MCNP) F RM LAND USE MAP -- CHANGE
LAND USE DESIGNATION AT 168-200 S.W. 32
ROAD, 3200-3202 S.W. 1 AVENUE & 1100-
1139 S.W. 22 TERRACE FROM HIGH DENSITY
MULTI -FAMILY RESIDENTIAL TO DUPLEX
RESIDENTIAL. (Applicant: Vizcatran,
Ltd.)
58. (A) FIRST READING ORDINANCE: AMEND
11000 ATLAS -- CHANGE DESIGNATION AT
168-200 S.W. 32 ROAD, 3200-3202 S.W. 1
AVENUE & 1100-1139 S.W. 22 TERRACE FROM
R-4 MULTI -FAMILY HIGH -DENSITY
RESIDENTIAL TO R-2 TWO-FAMILY
RESIDENTIAL. (Applicant: Vizcatran,
Ltd.)
(B) DISCUSS PETITION FROM VIZCATRAN TO
WITHDRAW MONIES FROM ESCROW TO PAY
PROPERTY TAXES.
FIRST READING
ORDINANCE
12/l/94
FIRST READING
ORDINANCE
12/1/94
149-154
154-156
59. FIRST READING ORDINANCE: AMEND
10544 (MCNP) FUTURE LAND USE
MAP -- CHANGE LAND USE
DESIGNATION AT 2474 S.W. 27
TERRACE FROM SINGLE FAMILY
RESIDENTIAL TO OFFICE.
(Applicant: Stephen D. & Elaine
H. Pearson.)
60. DISCUSS AND CONTINUE (TO JANUARY 26,
1995 MEETING) PROPOSED FIRST READING
ORDINANCE TO AMEND 11000 BY CHANGING
DESIGNATION AT 2474 S.W. 27 TERRACE
FROM R-1 SINGLE-FAMILY RESIDENTIAL TO
O-OFFICE -- BRING BACK WITH SD-19
OVERLAY.
61. DISCUSS AND CONTINUE PROPOSED
RESOLUTION TO APPEAL ZONING
BOARD'S DENIAL OF VARIANCE TO
ALLOW REDUCTION OF SIDE YARD
SETBACK FOR PROPOSED ADDITION TO
EXISTING CAR WASH AT 3400 S.
DIXIE HIGHWAY -- DIRECT APPLICANT
(JAMES CONFALONE) TO MEET WITH
NEIGHBORS OF AFFECTED AREA AND
CITY ADMINISTRATION TO RESOLVE
ISSUE CONCERNING APPROPRIATE
LOCATION OF PARKING.
62. SECOND READING ORDINANCE: AMEND 10544
(MCNP) INTERPRETATION OF FUTURE LAND
USE MAP (SINGLE FAMILY, DUPLEX, AND
MEDIUM DENSITY MULTIFAMILY RESIDENTIAL
LAND USE PARAGRAPHS) -- TO INCLUDE
PROFESSIONAL OFFICES, TOURIST AND GUEST
HOMES, MUSEUMS AS PERMITTED LAND USES
ONLY WITHIN DESIGNATED HISTORIC SITES /
DISTRICTS. (Applicant: Planning,
Building & Zoning Dept.)
63. SECOND READING ORDINANCE: AMEND 10544
(MCNP) (GOALS, OBJECTIVES AND POLICIES;
(INTERPRETATION OF FUTURE LAND USE PLAN
MAP), RECREATION LAND USE PARAGRAPH TO
INCLUDE CITY OF MIAMI OFFICES AMONG
LAND USES PERMITTED IN RECREATION LAND
USE CATEGORY. (Applicant: Planning,
Building & Zoning Dept.)
FIRST READING
ORDINANCE
12/1/94
M 94-906
12/1/94
M 94-907
12/1/94
ORDINANCE
11207
12/1/94
ORDINANCE
11208
12/1/94
156-168
168-169
169-179
180-183
183-184
64. SECOND READING ORDINANCE:
AMEND 11000
TEXT, ARTICLE 4, SECTION 401 (SCMXM
OF DISTRICT REGULATIONS) --
TO ALLOW AS
A CONDITIONAL PRINCIPAL
USE IN PR
(PARKS, RECREATION AND OPEN SPACE ZONE
DISTRICT), CITY OF MIAMI,
INCLUDING
AUTHORITIES AND AGENCIES THEREOF,
ADMINISTRATIVE OFFICES
AND/OR
CONFERENCE FACILITIES IN
EXCESS OF
3,000 SQUARE FEET BY MAJOR
USE SPECIAL
PERMIT, REQUIRING CITY
COMMISSION
APPROVAL. (Applicant:
Planning,
Building & Zoning Dept.)
65. BRIEFLY DISCUSS AND DEFER
CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND 11000
ATLAS, CHANGING LAND USE
DESIGNATION AT 2521 S. BAYSHORE
DRIVE FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO R-1 SINGLE-FAMILY
RESIDENTIAL AND HP HISTORIC
PRESERVATION OVERLAY DISTRICT.
(Applicant: Florence Y.
Connally.)
66. DISCUSS AND CONTINUE (TO JANUARY
26, 1995 MEETING) CONSIDERATION
OF PROPOSED FIRST READING
ORDINANCE TO AMEND 11000 TEXT,
ARTICLE 4, SECTION 401 (SCHEDULE
OF DISTRICT REGULATIONS) TO ALLOW
RETAIL SPECIALTY SHOPS, INCLUDING
SALE OF BOATING / FISHING /
DIVING / SWIMMING SUPPLIES /
EQUIPMENT, AND OUTDOOR DISPLAY /
SALES OF BOATS IN PR - PARKS AND
RECREATION DISTRICTS AS A
CONDITIONAL ACCESSORY USE BY
SPECIAL EXCEPTION. (Applicant:
Planning, Building & Zoning
Dept.)
ORDINANCE
11209
12/l/94
DISCUSSION
12/l/94
DISCUSSION
12/l/94
185-186
188-190
67. (A) PROPOSED FIRST READING M 94-908 190-205
ORDINANCE TO AMEND 10544 (MCNP) 12/1/94
TEXT (GOALS, OBJECTIVES AND
POLICIES; INTERPRETATION OF
FUTURE LAND USE PLAN MAP; MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL)
TO INCLUDE SMALL SCALE LIMITED
COMMERCIAL ACCESSORY USES.
(B) PROPOSED FIRST READING
ORDINANCE TO AMEND 11000 TEXT BY
ADDING NEW SECTION 622 (SD-22
FLORIDA AVENUE SPECIAL DISTRICT).
(C) PROPOSED FIRST READING
ORDINANCE TO AMEND 10544 (MCNP),
FUTURE LAND USE MAP, BY CHANGING
DESIGNATION FOR PROPERTIES
FRONTING FLORIDA AVENUE FROM
MATILDA STREET TO McDONALD STREET
(EXCLUDING KIRK MUNROE PARK) FROM
SINGLE FAMILY RESIDENTIAL TO
MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL.
(D) PROPOSED FIRST READING
ORDINANCE TO AMEND 11000 ATLAS
FOR PROPERTIES FRONTING FLORIDA
AVENUE FROM MATILDA STREET TO
McDONALD STREET (EXCLUDING KIRK
MUNROE PARK) FROM R-1 SINGLE
FAMILY RESIDENTIAL TO SD-22
FLORIDA AVENUE SPECIAL DISTRICT.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 1st day of December, 1994, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 9:05 a.m. by Mayor Stephen P. Clark with the
f following members of the Commission found to be present:
Mayor Stephen P. Clark
Vice Mayor Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ALSO PRESENT:
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Walter J. Foeman, Assistant City Clerk
ABSENT:
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Matty Hirai, 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,
the Administration had withdrawn the following agenda items: 5,
12, 15, 22, 23, 27 and 28.
1 - December -1, 1994
-- -------------------------------------------------------------------------------------------------------------
1. PRESENTATIONS, PROCLAMATIONS & SPECIAL ITEMS.
-------------------------------------------------------------------------------------------------------
(A) Proclamation: Bill Bayer Day -- to recognize his numerous contributions
to enhancement / growth of the City.
(B) Recognize members of Miami Sports and Exhibition Authority.
NOTE FOR THE RECORD: Commissioner De Yurre entered the
Commission chamber at 9:07 a.m. and Commissioner Gort
entered the Commission chamber at 9:10 a.m.
(C) Proclamation: United Home Care Services, Inc. Week -- selected by the
State of Florida to serve as lead agency for in -home services to older
adults.
(D) Plaque: Josefina Argudin -- selected by the Cuban American Women as
"The Outstanding Woman of the Year 1994."
(E) Plaque: Marion Reese -- to recognize his 39 years of service to the City as
a garbage collector.
----------------------------------------------------------------------------------------------------------------
2. (A) CONSENT AGENDA.
(B) DIRECT ADMINISTRATION NOT TO HAND OVER TOTAL GRANT
MONIES, BUT RATHER PAY INVOICES AS THEY ARE
PRESENTED.
(C) DIRECT ADMINISTRATION TO PROVIDE THE COMMISSION, IN
WRITING: (1) THE CURRENT BALANCE IN THE SELF-
INSURANCE TRUST FUND; AND (2) TOTAL AMOUNT OF CLAIMS
/ POTENTIAL SETTLEMENTS.
Mayor Clark: On the consent agenda, do we have any deletions from members of the
Commission, on the consent agenda?
Commissioner Plummer: Mr. Mayor, my only comment, in the areas of where we're giving
grants of money, that I would expect the Administration, that we do not give a lump sum of
money, we pay only on invoices approved by the Manager's office.
Mr. Cesar Odio (City Manager): What's that?
Commissioner Plummer: On the lump sum grants...
Mr. Odio: OK.
Commissioner Plummer: ... that we only pay on invoices. We do not give lump sum grants.
Mr. Odio: Mr. Mayor, I need to withdraw item CA-2 and CA-3, withdraw.
2 December 1, 1994
Mayor Clark: CA-2 and 3, all right.
Mr. Odio: CA-2 and CA-3.
NOTE FOR THE RECORD: At this point, agenda items CA-2 and
-3 were withdrawn.
Mayor Clark: All right. Any other discussion? Yes, sir.
Mr. Manuel Gonzalez-Goenaga: Good morning, Commissioners and citizens of Miami. I am
glad that CA-2 and CA-3 were withdrawn.
Mayor Clark: Thank you, sir.
Mr. Gonzalez-Goenaga: What we will have later on, number 10 and number 11. And the issue
is, I'm going to defer until we discuss 10 and 13. In the meantime, I just want to, for the record,
that CA-12 and CA-13 are settlements regarding police conduct. And I would like to know how
many more lawsuits for the amount of money - I think the citizens should know - that there is
pending on claims for police conduct. Could I have a ball park figure? Like twenty, thirty
million, or forty million, or sixty million?
Mayor Clark: Would you like to respond, Mr. Manager, at all?
Mr. Odio: No, sir, no. I'm not ready to respond.
Mayor Clark: Or Lieutenant?
Mr. Gonzalez-Goenaga: Well, from the... Well, from what I have read in the financial
statements of the City of Miami, there are approximate amount of sixty million dollars. Could
anyone correct that figure? Because I'm supposed to be totally nuts.
Commissioner Plummer: For what? Two and 3. Sixty million dollars of what?
Mr. Gonzalez-Goenaga: On reported but not recorded. In the finan... In the audited financial
statements of the City of Miami, the last one I have got, there are sixty million dollars. Could I
have somebody that is more knowledgeable than I, and an expert?
Mayor Clark: Recorded but not reported. Garcia, can you get some... Mr. Smith?
Commissioner Plummer: But that's in reserve.
Unidentified Speaker: Reserve?
Commissioner Plummer: Yeah.
Mayor Clark: Just respond, and that's it.
Mr. Carlos Garcia: I wasn't listening to the question, Mr. Mayor. Could you repeat that again?
Mr. Gonzalez-Goenaga: Yes. What's the amount... I mean, we are constantly paying police
conduct settlements.
3 December 1, 1994
Mr. Garcia: Mm-hmm.
Mr. Gonzalez-Goenaga: What are the outstanding claims regarding police conduct in lawsuits?
Mr. Garcia: I don't have that number. I have a general...
Mr. Gonzalez-Goenaga: A general overview, yeah, a ball park figure.
Mr. Garcia: Well, not only for police, but I have a general coverage for liabilities for the City for
1993, and that was forty-eight million dollars, and that includes police, but I don't know of that,
how much is police and how much is...
Mr. Gonzalez-Goenaga: Forty-three?
Mr. Garcia: Forty-eight million dollars.
Mr. Gonzalez-Goenaga: Forty-eight million dollars. Another question. How much do we have
in the contingency reserve to cover those possible liabilities of forty-eight million dollars? How
much is in the contingency reserve for that?
Mr. Garcia: You're talking about the self-insurance fund?
Mr. Gonzalez-Goenaga: Yes. What's the amount in the self-insurance funds right now?
Mr. Garcia: The fund balance at the end of that year was minimal, it was about a million dollars
or less.
Mr. Gonzalez-Goenaga: A million dollars?
Mr. Garcia: Right.
Mr. Gonzalez-Goenaga: So we're not supposedly... I don't know. I will need further
information.
Mayor Clark: I know, I know. You're discussing something you should have discussed at
budget time.
Mr. Gonzalez-Goenaga: I am sorry, Mayor.
Mayor Clark: All right. Thank you.
Mr. Gonzalez-Goenaga: I just want the people to know.
Mayor Clark: Thank you for your appearance.
Commissioner Plummer: Well, Mr. Mayor...
Mayor Clark: Any further discussion on these items?
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
4 December 1, 1994
Commissioner Plummer: Excuse me. So no false impression is given on the questions that were
asked and the answers that were given, I would ask Mr. Carlos Garcia, sir...
Mayor Clark: Yes, sir.
Commissioner Plummer: These programs are being televised, and people watching these at
home could go away with some very false impressions of answers that were just given. I would
ask you, sir, to make available to each one of our Commissioners and myself the answers in
reality, because there was a lot more answer to be given than what you gave to him in a very
brief thumbnail sketch. The City...
Mayor Clark: He asked him two questions, though.
Commissioner Plummer: Good questions, yes, and they're realistic questions. But the answers
given were not fully explained. For example, Mr. Mayor, you have tremendous reserves by law
that you must keep.
Mr. Odio: That's right.
Commissioner Plummer: Dade County's reserves are in excess of eighty million dollars just for
medical reserves. And that's part of what we have here in our self-insurance fund.
Mr. Garcia: Well, these claims are claims that not necessarily will take place. These are...
Some of these are...
Commissioner Plummer: Potential.
Mr. Garcia: Potential claims, that's right.
Commissioner Plummer: That's exact... That was the big key. These are not claims that were
paid out. These were potential.
Mr. Garcia: In addition to that, last year, we obtained about twenty million dollars to fund some
of those claims, but that was not my understanding of the question that was posed.
Commissioner Plummer: OK. All I'm saying is, the questions asked were good questions. I
think you need to give each one of us a breakdown of reality.
Mr. Garcia: Right.
Mr. Odio: He replied that we had a fund balance, but he didn't say that every budget year we
have to add close to thirty million dollars into the account.
Commissioner Plummer: I budget thirty million in a loan.
Mr. Odio: Thirty million into the account. We just sold bonds that you authorized for eighteen
million, just last month.
Vice Mayor Dawkins: Would you provide us with that in writing, as Mr. Plummer had said, so
we can move on with the meeting?
Mr. Odio: Yes, sir.
Vice Mayor Dawkins: Thank you.
5 December 1, 1994
Commissioner Plummer: Any other discussion on the consent agenda?
Commissioner Plummer: Move it.
Mayor Clark: Is there a second? Any person who wants to question the consent agenda, other
than Mr. Manuel? Call the roll.
NOTE FOR THE RECORD: ON CONSENSUS OF THE CITY
COMMISMON, IT TERMINED THAT ANY CONSENT
AGENDA ITEM, WHICH IS PULLED BY A GIVEN
COMMISSIONER FROM THE CONSENT AGENDA FOR
FURTHER DISCUSSION AND/OR CLARIFICATION WILL BE
AUTOMATICALLY DEFERRED AND SCHEDULED, AS A
REGULAR ITEM, ON THE NEXT AVAILABLE AGENDA.
THEREUPON MOTION DULY MADE BY
COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DE YURRE, THE CONSENT
AGENDA ITEMS WERE PASSED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
6 December 1, 1994
2.1. APPROVE PURCHASE OF CELLULAR TELEPHONES AND ACCESSORIES --
FROM BELL SOUTH MOBILITY, INC. (UNDER DADE COUNTY CONTRACT 725-
330-91-1) -- FOR USE BY VARIOUS CITY DEPARTMENTS -- ALLOCATE
$10,000 -- EXTEND CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO.94-858
A RESOLUTION APPROVING THE PURCHASE OF CELLULAR
TELEPHONES AND ACCESSORIES, ON A ONE (1) YEAR
CONTRACT BASIS WITH THE OPTION TO EXTEND FOR AN
ADDITIONAL ONE (1) YEAR PERIOD, FROM BELL SOUTH
MOBILITY, INC. UNDER AN EXISTING DADE COUNTY
CONTRACT NO. 725-330-91-1 FOR USE BY VARIOUS CITY
DEPARTMENTS IN AN ANNUAL AMOUNT OF $10,000.00;
ALLOCATING FUNDS THEREFOR FROM VARIOUS
DEPARTMENTS AT TIME OF PURCHASE; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT,
AND THEREAFTER TO EXTEND THIS CONTRACT FOR AN
ADDITIONAL ONE (1) YEAR PERIOD AT THE SAME PRICE,
TERMS AND CONDITIONS, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
7 December 1, 1994
2.2. AUTHORIZE MANAGER TO MAKE PURCHASE OFFERS AND EXECUTE
AGREEMENTS WITH OWNERS OF 6 VACANT PARCELS OF LAND WITHIN
COMMUNITY DEVELOPMENT TARGET AREAS -- SAID PARCELS TO BE USED
FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW / MODERATE
INCOME FAMILIES IN CONNECTION WITH SCATTERED SITE AFFORDABLE
HOMEOWNERSHIP DEVELOPMENT PROGRAM -- ALLOCATE $66,920 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM --
AUTHORIZE CITY ATTORNEY TO CLOSE ON SUBJECT PARCELS AFTER
EXAMINATION OF ABSTRACTS AND CONFIRMATION OF TITLE.
RESOLUTION NO. 94-859
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE
CITY MANAGER TO MAKE PURCHASE OFFERS, AS SPECIFIED
HEREIN, AND EXECUTE AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE OWNERS OF
SIX (6) VACANT PARCELS OF LAND LOCATED WITHIN THE
CITY'S COMMUNITY DEVELOPMENT TARGET AREAS AND
MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE
ATTACHED EXHIBIT "A", FOR A TOTAL PURCHASE PRICE OF
$66,920, SAID PARCELS TO BE USED FOR THE DEVELOPMENT
OF AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME
FAMILIES IN CONNECTION WITH THE SCATTERED SITE
AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM;
ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM PURSUANT TO
RESOLUTION NO. 93-444 UNDER PROJECT NO. 705214;
AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE
ON THE SUBJECT PARCELS AFTER EXAMINATION OF THE
ABSTRACTS AND CONFIRMATION OF TITLE.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.3. ACCEPT BID: ALL COUNTY AIR CONDITIONING, INC. -- FOR TACOLCY
CENTER A/C REPAIR (B-6226) -- ALLOCATE FUNDS ($20,564, PLUS $3,700
ESTIMATED EXPENSES, TOTALING $24,264) FROM CIP 331364 -- EXECUTE
CONTRACT.
RESOLUTION NO. 94-860
A RESOLUTION ACCEPTING THE BID OF ALL COUNTY AIR
CONDITIONING, INC., IN AN AMOUNT NOT TO EXCEED
$20,564.00, TOTAL BID OF THE PROPOSAL, FOR THE PROJECT
ENTITLED "TACOLCY CENTER A/C REPAIR (B-6226)";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331364, AS
APPROPRIATED BY FISCAL YEAR 1994-95 CAPITAL
IMPROVEMENT ORDINANCE NO. 11205, IN THE AMOUNT OF
$20,564.00 TO COVER THE CONTRACT COST AND $3,700.00 TO
COVER THE ESTIMATED EXPENSES, FOR AN ESTIMATED
TOTAL COST OF $24,264.00; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID FIRM.
8 December 1, 1994
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.4. ACCEPT BID: MIAMI ELEVATOR COMPANY -- FOR FURNISHING ELEVATOR
MAINTENANCE SERVICES AT 7 CITY FACILITIES -- FOR DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION & SOLID WASTE / PROPERTY
MAINTENANCE DIVISION -- ALLOCATE FUNDS ($26,436) -- EXTEND
CONTRACT, SUBJECT TO AVAILABILITY OF FUNDS.
RESOLUTION NO. 94-861
A RESOLUTION ACCEPTING THE BID OF MIAMI ELEVATOR
COMPANY FOR THE FURNISHING OF ELEVATOR
MAINTENANCE SERVICES AT SEVEN (7) CITY FACILITIES ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS AT
A TOTAL PROPOSED ANNUAL COST OF $26,436.00 FOR THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE/PROPERTY MAINTENANCE DIVISION;
ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO.
420401-670; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS SERVICE, AND THEREAFTER TO EXTEND
THIS CONTRACT FOR TWO (2) ADDITIONAL ONE (1) YEAR
PERIODS AT THE SAME PRICE, TERMS AND CONDITION,
SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.5. FUND ANTI -DRUG EDUCATION PROGRAM -- ALLOCATE $85,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 94-862
A RESOLUTION AUTHORIZING THE FUNDING OF THE ANTI-
DRUG EDUCATION PROGRAM AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $85,000, FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING
IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
9 December 1, 1994
2.6. FUND KIDS OFF STREETS PROGRAM -- ALLOCATE $15,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
RESOLUTION NO. 94-863
A RESOLUTION AUTHORIZING THE FUNDING OF THE KIDS OFF
STREETS PROGRAM, AND ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $15,000, FROM THE LAW
ENFORCEMENT TRUST FUND, SUCH EXPENDITURE HAVING
BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING
COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055, AS
AMENDED.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.7. APPROVE APPLICATION FOR TWO-DAY STATE LIQUOR PERMIT BY
FLORIDA INTERNATIONAL RESTAURANT, HOTEL & BAKERY EXPOSITION,
INC. -- FOR DISPLAY BY MANUFACTURERS / DISTRIBUTORS OF PRODUCTS
LICENSED UNDER STATE BEVERAGE LAW AND FOR CONSUMPTION AT THE
COCONUT GROVE CONVENTION CENTER (JANUARY 24-25, 1995).
RESOLUTION NO. 94-864
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
APPROVAL OF THE APPLICATION FOR A TWO-DAY STATE
LIQUOR PERMIT BY FLORIDA INTERNATIONAL RESTAURANT,
HOTEL & BAKERY EXPOSITION, INC., FOR THE DISPLAY BY
MANUFACTURERS OR DISTRIBUTORS OF PRODUCTS LICENSED
UNDER THE STATE BEVERAGE LAW, AND ALSO FOR
CONSUMPTION OF SUCH BEVERAGES ON THE PREMISES OF
THE COCONUT GROVE CONVENTION CENTER, MIAMI,
FLORIDA, DURING THE PERIOD OF JANUARY 24-25, 1995, SUCH
APPROVAL BEING A STATUTORY REQUISITE PRIOR TO THE
STATE'S ISSUANCE OF SAID PERMIT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
10 December 1, 1994
2.8. AUTHORIZE LEASE / RENTAL OF ADDITIONAL HEAVY DUTY TYPE E
COPIER -- FOR CITY CLERK'S OFFICE (UNDER BID NO. 92-93-103) -- FROM
XEROX CORPORATION -- ALLOCATE FUNDS ($19,000).
RESOLUTION NO. 94-865
A RESOLUTION AUTHORIZING THE LEASE/RENTAL OF AN
ADDITIONAL HEAVY DUTY TYPE E COPIER FOR USE BY THE
CITY CLERK'S OFFICE, UNDER AN EXISTING BID NO. 92-93-103,
FROM XEROX CORPORATION, FOR AN ADDITIONAL ANNUAL
COST OF $19,000, FOR THE DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE/GRAPHIC
REPRODUCTIONS DIVISION; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 420501-610; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.9. EXECUTE AGREEMENT WITH ANDREA ROTH -- FOR EXECUTIVE
SECRETARY SERVICES -- FOR THE INTERNATIONAL TRADE BOARD --
ALLOCATE FUNDS ($30,000) FROM ITB BUDGET.
RESOLUTION NO. 94-866
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH ANDREA ROTH,
FOR EXECUTIVE SECRETARY SERVICES FOR THE
INTERNATIONAL TRADE BOARD, IN AN AMOUNT NOT TO
EXCEED $30,000, FOR THE PERIOD OF NOVEMBER 1, 1994
THROUGH SEPTEMBER 30, 1995; ALLOCATING FUNDS
THEREFOR FROM THE FISCAL YEAR 1994-95 BUDGET OF THE
INTERNATIONAL TRADE BOARD.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
!{ 2.10. CLAIM SETTLEMENT: ERWIN STEWARD ($40,000).
I
RESOLUTION NO. 94-867
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO ERWIN STEWARD THE SUM OF $40,000.00, WITHOUT
ANY ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE CIRCUIT COURT OF
DADE COUNTY, FLORIDA, CASE NO. 93-15100 CA (05);
ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND.
11 December 1, 1994
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.11. CLAIM SETTLEMENT: JOHN DOVER ($80,000).
RESOLUTION NO.94-868
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO JOHN DOVER THE SUM OF $80,000.00, WITHOUT ANY
ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI IN THE CIRCUIT COURT OF
DADE COUNTY, FLORIDA, CASE NO. 93-17759 CA (13), OR IN
THE ALTERNATIVE, AUTHORIZING THE CITY ATTORNEY TO
MAKE AN OFFER OF JUDGMENT IN A LIKE AMOUNT, WITHOUT
ANY ADMISSION OF LIABILITY; ALLOCATING FUNDS
THEREFOR FOR SAID SETTLEMENT OR SAID OFFER OF
JUDGMENT, WHICHEVER IS APPLICABLE, FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
2.12. ACCEPT PLAT: TENZER PLAT.
RESOLUTION NO. 94-869
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING THE PLAT
ENTITLED TENZER PLAT, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITTEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT;
AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN
THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
12 December 1, 1994
2.13. ACCEPT 4 KAWASAKI JET SKI UNITS FROM KAWASAKI MOTORS CORP.,
U.S.A. (UNDER KAWASAKI'S LIFEGUARD / LAW ENFORCEMENT LOAN
PROGRAM) -- TO BE USED BY POLICE AND PARKS & RECREATION
DEPARTMENTS TO PROVIDE SECURITY TO THE CITY'S 26 MILES OF LINEAR
COASTLINE, 19.5 MILES OF BISCAYNE BAY, OVER 20 NAVIGABLE CANALS
AND THE MIAMI RIVER, THE RESCUE OF SWIMMERS AND ASSISTANCE TO
BOATERS IN DISTRESS.
RESOLUTION NO. 94-870
A RESOLUTION ACCEPTING THE DONATION OF FOUR (4)
KAWASKAI JET SKI UNITS FROM KAWASAKI MOTORS CORP.,
U.S.A. AS PART OF "KAWASKAI'S LIFEGUARD/LAW
ENFORCEMENT LOAN PROGRAM" ("PROGRAM"), SAID JET SKI
TNITS TO BE USED BY THE DEPARTMENTS OF POLICE AND
PARKS AND RECREATION TO PROVIDE SECURITY AND
ASSISTANCE ALONG THE COASTLINE AND WATERWAYS
LOCATED THROUGHOUT THE CITY OF MIAMI; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO ACCEPT SAID DONATION AND IMPLEMENT
SAID PROGRAM.
(Here follows body of resolution, omitted here and on file in the Office of
the City Clerk.)
Mayor Clark: That's just 2 and 3 were withdrawn, right?
Commissioner Plummer: Of this consent.
Mayor Clark: Yes.
----------------------------------------------------------------------------------------------------------------
3. ELECT / APPOINT COMMISSIONER J.L. PLUMMER, JR. AS VICE
MAYOR.
Mayor Clark: All right. On the regular agenda.
Vice Mayor Dawkins: Back a little more, under 15.
Mayor Clark: Under 15?
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: There it is.
Commissioner Plummer: We're jumping 15?
Mayor Clark: CA-2... I mean item number 2. Regular 2. Pleasure on item number 2,
appointment of Vice Mayor. Mr. Dawkins has served nobly in the last year, for the past year as
13 December 1, 1994
the Vice Mayor, and now we have the - going through the list, because this is the way it should
be done - nomination of Mr. J.L. Plummer for Vice Mayor for the ensuing year.
j Commissioner Gort: Second.
Mayor Clark: Any further discussion? Thank you, Mr. Dawkins, for doing a good job.
Vice Mayor Dawkins: Thank you, sir.
The following resolution was introduced by Mayor Clark, who moved its adoption:
RESOLUTION NO. 94-871
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER J.L.
PLUMMER, JR. AS VICE -MAYOR OF THE CITY OF MIAMI, FLORIDA, TO
SERVE A ONE-YEAR TERM, COMMENCING AT 12:00 NOON ON DECEMBER 1,
1994.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
i
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
I
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
I
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: I totally to abstain. I might have to come back later and do it, but...
Vice Mayor Dawkins: Why is it he abstains and when I was running, you made me vote.
What's the difference?
Commissioner Plummer: Because you needed the third vote.
Vice Mayor Dawkins: OK, I vote no. (in jest)
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Clark: Congratulations.
14 December 1, 1994
----------------------------------------------------------------------------------------------------------------
4. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO APPOINT INDIVIDUALS TO SERVE AS MEMBERS OF THE
COCONUT GROVE PARKING ADVISORY COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 3.
i
Vice Mayor Dawkins: Mr. Mayor, I have a question.
Mayor Clark: On 3?
Vice Mayor Dawkins: Mr. Michael J. Samuels and Cynthia Shelley were appointed by whom?
By the Commission, or by the Coconut Grove Parking Advisory Committee?
Commissioner Plummer: I'm informed by the Parking Advisory Board, Mr. Dawkins, by the
Manager. Whose... Mr. Manager, whose appointments were they? Did we... We all had
members that we appointed, right? Mr. Dawkins, what is your question?
Vice Mayor Dawkins: My question is, Michael J. Samuels and Cynthia Shelley...
Commissioner Plummer: Right.
Vice Mayor Dawkins: Were they appointees of the City Commission or appointees of the Grove
Parking?
Mr. Odio: These are names submitted to us by the Village Council.
Vice Mayor Dawkins: Wait a minute, wait a minute.
Commissioner De Yurre: What is the procedure?
Vice Mayor Dawkins: Wait a minute, hold it, hold it.
Commissioner Plummer: I don't...
Vice Mayor Dawkins: Nobody is understanding me. Let me see if I can explain it again. OK?
Nine people were appointed to the Parking... whatever it is. Four of those people were appointed
by the Parking Garage Advisory Board.
A. Quinn Jones, III, Esq. (City Attorney): No.
Vice Mayor Dawkins: So five came from Commissioners.
Mr. Jones: No. Four... four of the appointments came from the Village Council.
Vice Mayor Dawkins: Yes.
Mr. Jones: OK? And the Commission appointed the other five.
Vice Mayor Dawkins: So all I'm asking, Mr. City Attorney, Mr. Manager, and Mr. Clerk, the
two who are not serving, Michael J. Samuels and Cynthia Shelley, were they appointees of the...
15 December 1, 1994
Mr. Jones: They were appointees of the Village Council.
Vice Mayor Dawkins: So they have... OK. So we... Then we're in accord with accepting their
recommendations. I have no problem. I move their recommendation.
Commissioner Gort. Second.
Commissioner Plummer: You're speaking of the two new names, which is Michael Goldstein
and Tucker Gibbs? Is that what you're moving?
Vice Mayor Dawkins: Yes.
Mr. Jones: That's correct.
Commissioner Gort: That's correct. I second it.
Commissioner Plummer: OK. Is there any further discussion?
Commissioner De Yurre: Well, who are our appointees?
i
Commissioner Plummer: Well, that's what I was just trying to find out.
Vice Mayor Dawkins: That's what I'd like to know.
Commissioner Plummer: What are the five...
Vice Mayor Dawkins: I move that this be continued until the next meeting, until I can find out
who my appointee is and what it is.
Commissioner Plummer: OK. The item is now... Does the second of the motion agree to the
deferment, Mr. Gort?
Commissioner Gort: I agree.
Vice Mayor Dawkins: Because, I mean, I don't know who... See, they're telling me this, but
they can't name me who it is.
Commissioner Plummer: OK. The motion... The motion is to defer to a date certain. That
would be the meeting in January, of January the 12th. Do we need a roll call to defer?
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
DAWKINS AND SECONDED BY COMMISSIONER GORT,
ITEM 3 WAS DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NAYS: None.
ABSENT: Mayor Stephen P. Clark
16 December 1, 1994
Commissioner Plummer: Item 3 is deferred.
------------------------------------------------------------ ----------------------------------------------------
5. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO APPOINT AN INDIVIDUAL TO SERVE AS A MEMBER OF THE
PROPERTY AND ASSET REVIEW COMMITTEE.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Item 4, members of the Property and Asset Review Committee,
appointing individuals.
Mr. Cesar Odio (City Manager): You need one appointment... one appointment by
Commissioner Dawkins to replace Milton Hall who was absent for more than three consecutive
times, and we removed.
Commissioner Plummer: OK. Mr. Dawkins, you have an appointment. Are you ready at this
time to make that appointment?
Vice Mayor Dawkins: No.
Commissioner Plummer: It is now deferred over to the next meeting. It will be in January, if
you'll reschedule it, Mr. Manager. Item 5 has been withdrawn.
NOTE FOR THE RECORD: At this point, agenda item 4 was
deferred until January 12, 995. Item 5 was withdrawn.
----------------------------------------------------------------------------------------------------------------
6. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE
FUND: HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
GRANT PROGRAM (FY 1994) -- APPROPRIATE FUNDS ($5,155,000) FROM
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT -- FOR
IMPLEMENTATION / ADMINISTRATION OF 1994 HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: We're now on item 6, Housing Opportunities for Persons...
Vice Mayor Dawkins: Hey, hold it. If you're not the Vice Mayor until noon, back up.
Commissioner Plummer: Well, I'm sorry. I...
Vice Mayor Dawkins: No. Back up. You're not the Vice Mayor until noon. Item 6.
Commissioner Plummer: The Mayor asked me to fill in.
Vice Mayor Dawkins: Well, but you're not the Vice Mayor.
17 December 1, 1994
Commissioner Plummer: But, see, you don't know what time it is.
Vice Mayor Dawkins: Go right ahead. Go ahead.
Commissioner Plummer: I'd rather argue.
Vice Mayor Dawkins: Go ahead.
Commissioner Plummer: Item 6. Second reading of an ordinance. Is there anyone here wishing
to discuss item 6? Is there a motion?
Vice Mayor Dawkins: Move it.
Commissioner Gort: Second.
Mayor Clark: Roll call.
An Ordinance entitled -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA)
GRANT PROGRAM (FY 1994)", AND APPROPRIATING FUNDS FOR THE SAME
IN THE AMOUNT OF $5,155,000 FROM THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT, FOR THE IMPLEMENTATION AND
ADMINISTRATION OF THE 1994 HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS PROGRAM; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of November 17, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Dawkins,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11206.
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.
18 December 1, 1994
----------------------------------------------------------------------------------------------------------------
7. DISCUSS AND REFER PROPOSED LEASE AGREEMENT WITH HEALTH
TECHNOLOGIES, INC. FOR USE OF CITY -OWNED PROPERTY AT 1145
N.W. 11 STREET TO CITY MANAGER FOR FURTHER NEGOTIATION --
DESIGNATE VICE MAYOR J.L. PLUMMER TO HEAD NEGOTIATING
TEAM.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 7.
Vice Mayor Dawkins: Under 7, I can go for this if you go for nine years, but I cannot give you
two more five-year options which would tie the property up for twenty years at seventy-five
thousand dollars. I just... We have to delete the two options, and if you want to give it to them,
which I'm against, for nine years, that's fine. But don't let them tie this valuable piece of
property up for nineteen years. I just can't go for that.
Commissioner Plummer: Well, Mr. Mayor, I have some serious objections. The first objection I
have is, I don't think this is a fair return to the City. We are getting approximately two dollars a
square foot. Storage is four dollars to six dollars a square foot, and I think we're entitled to
more. My greatest fear is the fact that they are going to spend a million dollars.. improvements
to our building. OK? But if they fail, this City is a co -guarantor, and this City will have to pick
up that tab, if they fail. I think...
Mayor Clark: All right.
Commissioner Plummer: The problem that I also have, Mr. Mayor, is that I would much prefer
to see this put back on the tax rolls, and we would get far in excess of what they're going to give
us as a square foot price. I think that we need to renegotiate this. I think we need to get a fair
value, which we are not getting at two dollars a square foot.
Mayor Clark: Mr. Dubbin, you're recognized.
Mr. Murray Dubbin: Mr. Mayor and members of the Commission, excuse me, I'm coming down
with a cold, which I'm... I think I'm successfully fighting. I understand Commissioner
Plummer's position, and it's not much really different than it has been for a long time. If it's in
the wisdom of the City they... this property should be taken and converted to commercial use,
turn it, for example, into a shopping center, or turn it to some industrial park, or some other
commercial use, then I think that that... I... we can't compete with that. When I say "we," I'm
talking about the Center for Health Technologies, which is a 501 C-3 organization, also
established by Florida Statutes as a State quasi -governmental agency. We can't compete,
because we're not going out and selling hotdogs, or fruit, or vegetables. Our job, our mission is
to bring young burgeoning entrepreneurs in, let them... provide space for them to work on their
inventions and their developments, provide them with power, utilities, water, laboratories,
libraries, technical advice, legal advice, accounting advice, actuarial advice, and encourage them
to develop their products, take their products to market, manufacture them in the City, and create
economic advantage to the people of Miami. That's our mission. We cannot compete with
Winn -Dixie. And if you want us to do that, please tell us so that we can turn around and walk
away right now.
Mayor Clark: All right.
19 December 1, 1994
Vice Mayor Dawkins: OK. Well, bye. May I please?
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Mr. Dubbin, from day one, we said that this would be a partnership
between Health Technology and the City of Miami, and others. You say you're a 501 C-3., How
many dollars can you tell me that you, Health Technologies, has gotten from the private sector?
Mr. Dubbin: With the... If you're asking me how much has been contributed by memberships...
Vice Mayor Dawkins: No, sir. I'm asking you quite... one question.
Mr. Dubbin: All right. My guess...
Vice Mayor Dawkins: How many dollars have you gotten from the private sector?
Mr. Dubbin: I'd say a quarter of a million dollars.
Vice Mayor Dawkins: A quarter of a million. OK?
Mr. Dubbin: Yes.
Vice Mayor Dawkins: And how much have you gotten from the Federal Government and us?
Mr. Dubbin: Well, from you...
Vice Mayor Dawkins: I mean... No, no, in total, in public dollars.
Mr. Dubbin: Public dollars, about a million, two hundred and fifty thousand dollars, plus the
million that we'll get if you want to enter into the lease, which will then go into your building,
plus a million that's sitting there waiting, hopefully, with defense funds for conversion.
Vice Mayor Dawkins: So really and truly, all you're doing is... we, the public, is financing
Health Technologies, and you keep coming back for more, and more, and more.
Commissioner Plummer: Incredible.
1 Mr. Dubbin: Mr. Dawkins, we have aspirations of taking this organization and turning it into a
full-fledged incubator health center, much like they have in Massachusetts for MIT
(Massachusetts Institute of Technology), and they have in Philadelphia for the University of
Pennsylvania, and they have out in New York for Ransler Polytech. We need a place to live in
order to build this business. And so...
Vice Mayor Dawkins: OK. Let me ask you one question and I'll be finished, Mr. Mayor.
Mr. Dubbin: Certainly.
Vice Mayor Dawkins: You are going into a building, it's our property, and you estimate that
you will only make forty percent... a hundred and fifty... You're estimating you'll only make
seventy... two hundred thousand dollars for the year. Because you're saying to me here that you
will give me seventy-five thousand dollars or forty percent of the gross revenue. So what you're
really saying is, forty percent.., seventy-five thousand dollars is about forty percent of two
hundred thousand. So you aren't going to make but two hundred thousand dollars.
20 December 1, 1994
r
Mr. Dubbin: Well, we are going to... We hope to make two hundred thousand dollars in rents,
and as you'll see, if you read the lease...
Mayor Clark: Wait a minute. He's going to make a motion to defer it for further negotiations.
Mr. Dubbin: ... that as the rents increase, you have a... the City benefits by getting forty percent
of everything basically...
Mayor Clark: He's going to answer... further negotiations.
Vice Mayor Dawkins: OK. Here's what... I agree with J.L., and we're the two who have been
here. I move that this be sent back for further negotiation, and that J.L. Plummer head the
negotiating team.
Commissioner Plummer: I'll second that.
Mayor Clark: All right. Mr. Clerk.
Commissioner De Yurre: Mr. Mayor, just...
Mayor Clark: Yeah.
Commissioner De Yurre: ... to clarify a couple of things. What is the alternative? Do we have a
plan to say, hey, let's put this out? Because for years... for years, we've been... I've been here,
this is my eighth year. I've been here for eons, and mostly everybody else here, and have yet to
hear a concrete plan about saying, let's put this out to bid, let's build something. It just sits
there. And unless we have something that's... that we're ready to move on it, let's move on it. If
not, I don't think it's worthwhile, just let it sit around and not do much of anything.
Commissioner Plummer: Victor, my under...
Mayor Clark: Well, Commissioner, they're of the opinion... my two colleagues are of the
opinion it can be negotiated at a better rate for the City of Miami.
Commissioner Plummer: And also, Mr. Mayor, we have the Property Asset Management
Committee, who is going through all properties at this time for the purposes of coming to this
Commission to recommend what is best for this City. This is one of the properties in question.
Commissioner De Yurre: OK. Now, when this comes to us, doesn't this come with a
recommendation of the Administration? This lease agreement? Do you guys... Do you feel you
can do better?
Commissioner Plummer: Oh, yeah, easily.
Commissioner De Yurre: I'm asking, do you feel you can do better?
Mr. Cesar Odio ( City Manager): With CHT (Center of Health Technologies)?
Commissioner De Yurre: Well, yeah.
Mr. Odio: No, no.
Commissioner De Yurre: That's my question. Because if you feel you can do better, then you
shouldn't be here to begin with.
21 December 1, 1994
Mr. Odio: No, sir. With CHT, we cannot do better.
Commissioner Plummer: I can assure you, we'll do better. I can assure you.
Mr. Odio: We are in partnership to create an industry. That was what my marching orders were
a long time ago, that we wanted... that the City Commission wanted to develop an incubator
system, and that our contribution would be this property. We were not there, and we had no
instructions to make a profit on this building.
Vice Mayor Dawkins: Well, you are now.
Commissioner Plummer: That's it.
Mayor Clark: All right.
Mr. Odio: Well, I... I...
Commissioner Plummer: Let me just say two things, and I'll shut up. Number one, you know,
they don't have to have this physical location. There's a lot of locations in Dade County. And
one of the concerns I have is that the hospital is going to need expansion further, and they're
going to have that property tied up when the hospital needs it. Number two, according to our
own estimates, that, in fact, if this went to the public sector, it is a five million dollar piece of
property, which is a hundred and fifty thousand dollars a year tax revenue to this City. They're
offering us half of that. I think it's really not fair. I'll shut up now.
Mr. Donald F. Benjamin: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Benjamin: My name is Donald F. Benjamin. I am the chairman of the Overtown Advisory
Board, and I'm also a member of the board of directors of the Center for Health Technologies.
Now, I got involved in this project because...
Commissioner Plummer: Excuse me, Mr. Mayor. He can only speak to the deferment. That's
the motion on the floor.
Mayor Clark: All right.
Mr. Benjamin: Well, my concern is that if this thing is deferred, and it has been deferred before,
that we might be missing a tremendous opportunity for the benefit of Overtown. This project,
this Center for Health Technologies, is a centerpiece of our redevelopment plan in Overtown,
and we see it as a tremendous job potential, in terms of job training and job development in a
high...
Vice Mayor Dawkins: What are the boundaries for Overtown? Where do the boundaries for
Overtown stop?
Mr. Benjamin: In the redevelopment plan that we have....
Vice Mayor Dawkins: Where do the boundaries for Overtown stop?
Mr. Benjamin: It goes up to 836.
Vice Mayor Dawkins: All right. And this is 12th and I1th.
22 December 1, 1994
Commissioner Plummer: That's right, way out of the...
Mr. Benjamin: That's within it. It's within it.
Commissioner Plummer: Way out of the boundary.
Mayor Clark: All right. Now, please.
Mr. Benjamin: No. It's within it.
Mayor Clark: We're not going to argue that point today, sir. We have a motion on the floor.
Sir.
Mr. Manuel Gonzalez-Goenaga: I am for deferral, and let me explain. Not only...
Mayor Clark: Boy, you know how to jump on the bus at the right time.
Mr. Gonzalez-Goenaga: Not only that, we have heard from this Commission a mandate,
specifically from Mr. Plummer, who has said many times over and over again, that it's about
time we take serious matters with the properties in Miami to make them profitable for the
citizens, not for specific individuals. And this should be expanded, because it has been
mentioned, and I have heard it constantly here, to all areas of where the citizens of Miami are
the owners of many billions of dollars in property. We must make rentable to the citizens in
order to be able to restructure this incompetent management. Thank you.
Mayor Clark: Thank you. The motion is to defer this item until Commissioner Plummer can
come back and negotiate a new program with these people.
Commissioner Plummer: And, Mr. Mayor, I'll be available to these people next week, any day
but Monday.
Mayor Clark: All right. Please call the roll.
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-872
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM 17 (PROPOSED
LEASE AGREEMENT WITH CENTER FOR HEALTH TECHNOLOGIES, INC.
[CHT] FOR USE OF CITY -OWNED PROPERTY LOCATED AT 1145 N.W. 11
STREET); FURTHER REFERRING SAID ISSUE BACK TO THE CITY MANAGER
FOR FURTHER NEGOTIATION; FURTHER DESIGNATING VICE MAYOR J. L.
PLUMMER TO HEAD THE NEGOTIATING TEAM FOR SAME.
23 December 1, 1994
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: Mr. Mayor, the reason I'm going to vote for deferral is because this
property will be tied up for forty years, I want to make sure we maximize the use.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Clark: Be in touch with Mr. Plummer.
----------------------------------------------------------------------------------------------------------------
8. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED RESOLUTION TO EXECUTE A REVOCABLE PERMIT WITH
BAYSIDE SEAFOOD RESTAURANT, INC. FOR USE OF RESTAURANT
AREA AT VIRGINIA KEY; ETC. (See labels 25, 36, 40 & 41)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: On item number 8.
Mr. Cesar Odio (City Manager): Mr. Mayor, if I may...
Mayor Clark: I saw this, yes.
Mr. Odio: Could we take 8 and number 30 together, since they are...
Mayor Clark: Save time. This is a revocable permit, the Bayside Seafood Restaurant at Virginia
Key.
Mr. Odio: Yeah. Maybe I should explain why we need to take 30. The reason we brought this
resolution on Bayside Seafood Restaurant is so that we can, since we took over the boatyard and
the restaurant areas covered by the boatyard...
Mayor Clark: OK.
Mr. Odio: ... we needed to enter into a direct lease with the owner of the restaurant so they
would pay us directly, instead of whoever was there before.
Mayor Clark: Item 30 is on the...
24 December 1, 1994
Mr. Odio: No, it's not a lease. It's a revocable permit. It's on a month -to -month basis.
Mayor Clark: Let's set that aside for a moment. Let's talk about Virginia Key settlement now.
Commissioner Plummer: Well, wait a minute. May I ask, Mr. Manager, you informed me that
you were going to give me a budget and other...
Mr. Odio: I have given you...
Commissioner Plummer: I haven't...
Mr. Odio: We just gave you...
Commissioner Plummer: I don't have it.
Mr. Odio: I'm sorry. I thought it was...
Commissioner Plummer: Mr. Mayor, I would like the opportunity to have the input of these...
Mr. Odio: Well, excuse me. Commissioner Plummer, we don't have the opportunity to defer
this item, because we...
Commissioner Plummer: Until this afternoon, sir.
Mr. Odio: ... we took over this property on Tuesday.
Commissioner Plummer: Sir, all I'm asking is, you're asking me to try and make an intelligent
vote.
Mr. Odio: Yes, but...
Commissioner Plummer: You are now handing me, at nine forty-one a.m. this morning the
particulars that you told me I was going to receive, and you're asking me to vote now?
Mr. Odio: You are right, but if you'd let us explain what we're doing, and then you can look at
the budget and you may...
Commissioner Plummer: And vote on it this afternoon.
Mr. Odio: OK.
Mayor Clark: What we'll do, we'll defer item 8 until this afternoon. Would you read that?
Commissioner Plummer: That's fine, Mr. Mayor.
Mayor Clark: Item 8 will be taken up at the same time.
Commissioner Plummer: Cesar, you can't ask me to vote on something I haven't seen.
Mr. Odio: I didn't ask you to vote on the budget. You wouldn't even hear the item.
Commissioner Plummer: We'll hear it this afternoon.
[AT THIS POINT, ITEM 8 WAS TABLED. SEE LABEL 40.]
25 December 1, 1994
----------------------------------------------------------------------------------------------------------------
9. EXECUTE AGREEMENT WITH METROPOLITAN DADE COUNTY,
WATER AND SEWER DEPARTMENT -- FOR PROVISION OF WATER
AND SEWER SERVICES FOR THE CHARLES HADLEY PARK OLYMPIC
POOL COMPLEX -- DIRECT ADMINISTRATION TO (1) DESIGN THE
NECESSARY WATER MAIN; AND (2) SOLICIT BIDS FOR ITS
CONSTRUCTION / INSTALLATION.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 9.
Vice Mayor Dawkins: Move it.
Mayor Clark: Let me ask you. Just a second, Commissioner.
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: This money for the water main, is that coming out of the three million dollars?
Vice Mayor Dawkins: It's supposed to.
Mr. Herb Bailey (Assistant City Manager): That's a part of the original allocation for Hadley
Park Pool, Mr. Mayor.
Vice Mayor Dawkins: We knew that we had to have a water main, in order to take water away
from the pool. We could not build the pool and did not have the infrastructure to move the water
to...
Mayor Clark: They included that in the three million dollars, right?
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: Thank you.
Mr. Bailey: It's required by WASA (Water and Sewer Authority).
Mayor Clark: Moved by Mr. Dawkins. Is there a second?
Commissioner Plummer: Second.
Mayor Clark: If there's no objection, cast a unanimous ballot, Mr. Clerk. Thank you.
26 December 1, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-873
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH METROPOLITAN DADE COUNTY, WATER AND
SEWER DEPARTMENT, FOR THE PROVISION OF WATER AND SEWER
SERVICES FOR THE CHARLES HADLEY PARK OLYMPIC POOL COMPLEX;
FURTHER DIRECTING THE CITY MANGER TO INSTRUCT THE PUBLIC
WORKS DIRECTOR TO DESIGN THE WATER MAIN NECESSARY FOR SAID
PROJECT, AS STIPULATED IN SAID AGREEMENT, AND TO SOLICIT FOR BIDS
FOR ITS CONSTRUCTION AND INSTALLATION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-- -------------------------------------------------------------------------------------------------------------
10. ACCEPT PROPOSAL OF SYSTEM CONSULTATIONS INC. -- FOR
PURCHASE / INSTALLATION / IMPLEMENTATION OF COMPUTER
SOFTWARE TO ENHANCE CITY'S EXISTING FINANCIAL
MANAGEMENT SYSTEM -- ESTIMATED COST $531,000 -- ALLOCATE
$274,000 FROM CIP 311027, BALANCE TO BE FINANCED OVER
SEVERAL YEARS AS MODULES ARE IMPLEMENTED -- EXECUTE
CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 10.
Commissioner Plummer: Ten.
Mayor Clark: Resolution to enhance the City's funding of the accounting system.
Commissioner Plummer: This is the new FAMIS (Fund Accounting, Management Information
System ) system?
Mr. Carlos Garcia: Yes, Commissioner.
27 December 1, 1994
Commissioner Plummer: Ha -ha-ha. I'm going to vote for it, but good luck, Charlie.
Mayor Clark: All right. Motion. Is there a second? What is it?
Mr. Manuel Gonzalez-Goenaga: Yes. The issue is that, regarding number 10, if we get a
comprehensive view of all the computer software paraphernalia that are in just this little agenda
for the law firms, for the finance department, for the police, where can I... Do we have a totally
integrated computer software system that will cover the whole status? I mean, because I don't
think it's proper to have piecemeal big expenses when we don't have a total comprehensive that
is compatible with all the City departments, where we can...
Commissioner Plummer: Wait, wait, wait.
Mayor Clark: Let's get... Let's get an answer. Let's get an answer. Mr. Garcia.
Mr. Carlos Garcia: Mr. Mayor, I think that the Computers Department will have to answer.
What I can tell you about this system is that we're trying to replace an accounting system that
was first implemented in 1976, which is almost twenty years old. And that system is obsolete at
this point in time. It's very inefficient. This is a system that will be paid back in about two or
three years. We are supporting this and recommending it a hundred percent.
Mayor Clark: All right. Mano, let's get an answer from you to Manuel's question.
Mr. Manohar Surana: Most of the software we have is in good shape. The only thing we are
replacing, is that which needs to be replaced. So we do have a total Citywide good software
system.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: With all due respect and I'm not a lobbyist for Mr. Perot, Ross Perot,
but we should have an independent individual, knowledgeable, that will make a good study of all
the computer systems for the City, to make it also compatible with the police, and Metro police,
and us... That's the problem here, not only here, it's in Dade County. Thank you.
Mayor Clark: Very good. Excellent. All right.
Commissioner Plummer: It is compatible.
Mr. Gonzalez-Goenaga: I'm sorry.
Mayor Clark: Thank you. We have a motion and a second.
Commissioner Plummer: Yes, sir.
Mr. Walter Foeman (Assistant City Clerk): I need a seconder, Mr. Mayor.
Vice Mayor Dawkins: Second. I second it.
Mayor Clark: Call the roll.
28 December 1, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-874
A RESOLUTION ACCEPTING THE PROPOSAL OF SYSTEM CONSULTATIONS,
INC. (SCI), FOR THE PURCHASE, INSTALLATION AND IMPLEMENTATION OF
COMPUTER SOFTWARE TO ENHANCE CERTAIN AREAS OF THE CITY'S
EXISTING FINANCIAL MANAGEMENT SYSTEM, AT AN ESTIMATED COST OF
$531,000; ALLOCATING $274,000 FROM CAPITAL PROJECT NO. 311027,
ACCOUNT CODE NO. 260201-270 WITH THE REMAINING $257,000 TO BE
FINANCED THROUGH THIS PROJECT OVER SEVERAL YEARS AS MODULES
ARE IMPLEMENTED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SCI FOR THIS EQUIPMENT, AND THEREAFTER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS PURCHASE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
11. ACCEPT BID: PALMETTO FORD OF MIAMI -- FOR 20 THIRTY-TWO (32)
YARD RUBBISH TRUCKS -- FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION AND SOLID WASTE, FLEET
MANAGEMENT DIVISION -- ALLOCATE $786,520 (CIP 353010).
Mayor Clark: Item 11. Is there a motion?
Commissioner Plummer: I'll make a motion. Mr. Mayor, I thought we were going to lease this
equipment in the future, rather than buying. What happened? Did it prove to be cheaper and
better...
Vice Mayor Dawkins: I'll second it for the purpose of discussion so that we can get it on the
floor.
Commissioner Plummer: Oh, I'm sorry.
29 December 1, 1994
Vice Mayor Dawkins: Go ahead.
Mayor Clark: Go ahead. Ron, what do you got?
Commissioner Plummer: I made a motion to...
Vice Mayor Dawkins: I second for discussion.
Commissioner Plummer: OK.
Vice Mayor Dawkins: I may vote against it, but I second it for discussion.
Mr. Ron Williams (Assistant City Manager): In those cases where we are concerned about cash
flow, Commissioner Plummer, we do try to go into a lease arrangement and pay it out, like one
dollar at the end. In this situation, we had money in the CIP (Capital Improvements Project)
project to proceed with this, and we wanted to do that. It's certainly more economical to do it
this way when we have the ability to do so.
Commissioner Plummer: So for the record, you're saying that this is the more advantageous
way, and for the City, it's the economical way.
Mr. Williams: Yes, sir.
Mayor Clark: Mr. Dawkins?
Vice Mayor Dawkins: No, no.
Mayor Clark: Call the roll.
Vice Mayor Dawkins: Thank you, Mr. Mayor.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-875
A RESOLUTION ACCEPTING THE BID OF PALMETTO FORD OF MIAMI FOR
THE PURCHASE OF TWENTY (20) THIRTY-TWO (32) YARD RUBBISH TRUCKS
FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND
SOLID WASTE, FLEET MANAGEMENT DIVISION, AT A TOTAL PROPOSED
COST OF $786,520.00; ALLOCATING FUNDS THEREFOR FROM CAPITAL
IMPROVEMENT PROJECT NO. 353010, INDEX CODE NO. 429402-850;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THESE
VEHICLES.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
30 December 1, 1994
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
NOTE FOR THE RECORD: Item 12 was withdrawn.
----------------------------------------------------------------------------------------------------------------
12. AUTHORIZE LEASE / LEASE PURCHASE OF COMPUTERS AND
PERIPHERALS -- FROM UNISYS CORPORATION -- FOR LAW
DEPARTMENT (UNDER STATE OF FLORIDA MICROCOMPUTER
CONTRACT 250-040-93-1) -- ALLOCATE FUNDS ($337,000) -- AUTHORIZE
MANAGER TO NEGOTIATE WITH FINANCIAL INSTITUTIONS FOR
MOST FAVORABLE FINANCING AND TO EXECUTE NECESSARY
DOCUMENTS.
Mayor Clark: Item 13.
Vice Mayor Dawkins: Item 13, I move it.
Commissioner Plummer: Second.
Vice Mayor Dawkins: OK. Under discussion.
Commissioner Plummer: Likewise.
Vice Mayor Dawkins: Go ahead, Mr.... J.L., you want to go first?
Commissioner Plummer: I was asked to inquire that this system is compatible with the Clerk's
optical fiber system. Is that... Hello, Mister Clerk? Is that...
Mr. Walter Foeman (Assistant City Clerk): I'm sorry. Mr. Mayor... I mean Commissioner
Plummer, we haven't gotten to the point where we've selected the technology for our records
program yet.
Commissioner Plummer: Excuse me. The question...
.31 December 1, 1994
A. Quinn Jones, III, Esq. (City Attorney): No, wait, wait wait. It has nothing... It does have the
optical imaging.
Mayor Clark: Wait a minute. One at a time, now, please.
Mr. Jones: It does have... The system proposed does have the optical imaging capability. What
this will be is a gradual phase in, so the Clerk and our office have been working on a project
toward optical imaging, and it will have the capability for it. The equipment for it is not going to
be purchased at this time. You know, there are several features that will be phased in over a
period of time.
Commissioner Plummer: The bottom line I'm asking, I guess the question is, is it compatible?
And we don't have to...
Mayor Clark: It will be but...
Mr. Jones: It will be. Our department is one of many departments that is part of the global plan
to replace the City's computer system.
Commissioner Plummer: OK. Fine.
Mayor Clark: Very good. That's what he wanted. All in favor of the motion, signify by saying
aye.
11
Commissioner Plummer: "Aye."
Vice Mayor Dawkins: Now, hold it, hold it.
Mayor Clark: All right.
Vice Mayor Dawkins: Hold it, hold it. You know, I hear the... You know, one of the
recommendations from the committee that was set up by the Mayor was, you upgrade the Law
Department. Instead of the City Attorney saying this was one of the requirements, therefore, you
must purchase this equipment, if you're going to follow the recommendations of the committee
that you established, he's over there giving you something about it's compatible and non -
compatible. What's that got to do with it? OK? And another thing, I make... After this, I have
another motion to make, Mr. Mayor.
Mayor Clark: All right, sir.
Commissioner Plummer: Excuse me. For the record, I asked the question because somebody
asked it in my office, was it compatible or not.
Vice Mayor Dawkins: Well, he... All he had to say is yes or no. He doesn't have to sit over
there and editorialize.
Commissioner Plummer: I didn't editorialize.
Mayor Clark: All right. On the motion. All in favor of the motion, signify by saying "aye."
All Commissioners: Aye.
Mayor Clark: Opposed, like sign. So ordered.
32 December 1, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-876
A RESOLUTION AUTHORIZING THE LEASE AND/OR LEASE PURCHASE OF
COMPUTERS AND PERIPHERALS FROM UNISYS CORPORATION FOR THE
LAW DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE INITIAL COST OF
$337,000, PLUS ANY LEASING OR INTEREST CHARGES, UNDER EXISTING
STATE OF FLORIDA MICROCOMPUTER CONTRACT NO. 250-040-93-1;
ALLOCATING FUNDS THEREFOR FROM THE BUDGET OF THE LAW
DEPARTMENT, ACCOUNT NO. 230101-840; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID EQUIPMENT; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE WITH FINANCIAL INSTITUTIONS FOR THE MOST
FAVORABLE FINANCING FOR SAID LEASE AND/OR LEASE PURCHASE OF
SAID COMPUTERS AND PERIPHERALS, AND TO ENTER INTO SUCH
AGREEMENT AND EXECUTE SUCH FINANCING DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, AS MAY BE REQUIRED TO LEASE
THE EQUIPMENT AND OBTAIN THE REQUIRED FINANCING THEREON.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
-- --------------------------------------------------------------------------------------------------------
13. DIRECT CITY ATTORNEY TO INSTALL THREE FAX MACHINES IN THE
LAW DEPARTMENT.
Mayor Dawkins: All right. I have another motion. I make a motion that this Commission direct
the City Attorney to get three fax machines in that Law Department. They got twenty-six
lawyers, and one fax machine. It takes me thirty-five minutes to get a fax from my office
through to the Law Department. And I don't think... If I have that problem, what does the State
Attorney's Office have? What does the County Attorney's Office... problem do they have trying
to get something into that office? For one year, I have begged the City Attorney to get three fax
machines, and for one year, has has not gotten them, and I so move.
Commissioner Plummer: I'll second the motion, but what you don't understand, Miller, is if he
has three more machines, you're going to have to do three more times the work.
33 December 1, 1994
Vice Mayor Dawkins: OK. Well, I'd like to see that done. No problem.
Commissioner Plummer: He's smart.
Mayor Clark: Wait, wait, wait. Sit down, sit down, relax. Motion and a second to purchase
three fax machines. All in favor, signify by saying "aye."
All Commissioners: Aye.
Mayor Clark: Opposed, like sign. So ordered.
The following motion was introduced by Vice Mayor Dawkins, who moved its adoption:
MOTION NO. 94-877
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
PURCHASE THREE (3) ADDITIONAL FAX MACHINES FOR THE LAW
DEPARTMENT.
Upon being seconded by Commissioner Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------- ----------------------------------------------------------------------------------------------
14. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE SEALED BID
PROCEDURES FOR CONTAMINATION REMEDIATION OF THE N.W. 4
STREET OIL RECLAIM FACILITY, B-5579I -- ALLOCATE FUNDS
($130,667 - CIP 311009) -- EXECUTE CONTRACT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 14. Formal bid for the condemnation... contamination remediation.
Vice Mayor Dawkins: Somebody gave me... Somebody gave me something.
Mayor Clark: Is there a motion on this item? Is there an emergency?
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: I don't know what it is. I have it here. The Manager or somebody sent it
to me.
34 December 1, 1994
Mayor Clark: Is there a second?
Mr. Cesar Odio (City Manager): We had... We were notified... Go ahead.
Mr. Wally Lee (Assistant City Manager): We were notified by DERM (Department of
Environmental Resource Management) that there was some underground waste oil storage tanks
located in this area that were leaking oil. This happened back in the 1930s when there used to be
an old railroad station.
Commissioner Plummer: Yeah.
Mr. Lee: This is adjoining the Metrorail line.
Commissioner Plummer: Railway Express was there.
Mr. Lee: Yes, sir.
Mayor Clark: And also, Wally, this is also eligible for reimbursement cost?
Mr. Lee: Yes, sir. This site is eligible for State reimbursement cleanup cost.
Mayor Clark: Motion by Mr. Dawkins. Is there a second?
Commissioner Plummer: Yeah, but I... Mr. Mayor, are we setting a precedent? Why are we
responsible? We don't own that property.
Vice Mayor Dawkins: Yes, we do.
Mr. Lee: Yes, sir. That was determined... This is why this has taken so long. It was determined
that part of this tank is under Northwest 4th Street, in front of the State Office Building.
Commissioner Plummer: Excuse me. Five hundred feet east of 2nd Avenue is not the State
Office Building.
Mr. Lee: Excuse me.
Commissioner Plummer: That's the equivalent of two blocks.
Mr. Lee: I gave you apage... a map which shows the storage tank.
Commissioner Gort: Are we getting reimbursed for the...
Mr. Lee: Yes.
Commissioner Plummer: No. Willy, what scares me is that there might be some more of this
that we wouldn't be reimbursed on. That's what scares me.
Mayor Clark: J.L., listen. They can go so deep. They can go back to the Seminole Indians and
charge them, if they could, and they will. All right. All in favor of the motion, signify by saying
"aye."
Commissioner Plummer: I have no choice. I vote yes.
35 December 1, 1994
Mayor Clark: Opposed, like sign. So ordered.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-878
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF
THE CITY COMMISSION WAIVING FORMAL COMPETITIVE SEALED BID
PROCEDURES FOR THE CONTAMINATION REMEDIATION OF THE
NORTHWEST 4TH STREET OIL RECLAIM FACILITY, B-55791, LOCATED ON
NORTHWEST 4TH STREET, 500 FEET EAST OF NORTHWEST 2ND AVENUE,
MIAMI, FLORIDA; RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S FINDING THAT AN EMERGENCY EXISTS JUSTIFYING SUCH
WAIVER FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO
ACCEPT THE LOWEST RESPONSIVE AND RESPONSIBLE BID FOR SAID
SERVICES; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 311009, AS
APPROPRIATED BY CAPITAL IMPROVEMENT ORDINANCE NO. 11139, AS
AMENDED, IN THE AMOUNT OF $130,667.00 FOR SAID CONTAMINATION
ASSESSMENT AND REMEDIAL ACTION; FURHTER AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE SUCCESSFUL BIDDER.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None,
ABSENT: None.
NOTE FOR THE RECORD: Item 15 was withdrawn.
36 December 1, 1994
----------------------------------------------------------------------------------------------------------------
15. ACCEPT BID: BANNERMAN LANDSCAPING, INC. -- FOR CITYWIDE
SIDEWALK REPLACEMENT PROJECT - PHASE 11 B-4575 -- ALLOCATE
FUNDS ($394,500, PLUS $45,204 ESTIMATED EXPENSES, TOTALING
$439,704) -- EXECUTE CONTRACT. (See label 32)
Mayor Clark: Item number 16. Sixteen is the sidewalk contract. Is there a motion on this item?
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-879
A RESOLUTION ACCEPTING THE BID OF BANNERMAN LANDSCAPING, INC.,
IN THE PROPOSED AMOUNT OF $394,500.00, TOTAL BID OF THE PROPOSAL,
FOR "CITYWIDE SIDEWALK REPLACEMENT PROJECT - PHASE 11, B-4575";
ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 341175, AS
APPROPRIATED BY FISCAL YEAR 1994-95 CAPITAL IMPROVEMENT
ORDINANCE NO. 11205, IN THE AMOUNT OF $394,500.00 TO COVER THE
CONTRACT COST AND $45,204.00 TO COVER THE ESTIMATED EXPENSES
FOR AN ESTIMATED TOTAL COST OF $439,704.00; 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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
37 December 1, 1994
----------------------------------------------------------------------------------------------------------------
16. EXECUTE PROFESSIONAL SERVICE AGREEMENTS WITH
INDIVIDUALS TO PROVIDE COMMUNICATIONS OPERATOR SERVICES
FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($100,000).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 17.
Mr. Manuel Gonzalez-Goenaga: Yes.
Commissioner Gort: I move it.
Vice Mayor Dawkins: Hold it. I second it for discussion.
Mayor Clark: All right. What is it, Manuel?
Mr. Gonzalez-Goenaga: Well, it's very simple, Mr. Mayor. Every time I come here to this
Commission, this is a short agenda, there is new expenses on communications. Does this have
anything to do for the security and implementation of the "Cumbre" of the Americas, especially,
or this is a continuous going on on new police communications? Again, integration,
coordination, and let's... And my suggestion is that we don't waste taxpayers' money. We
should have a total reorganization of whatever is the most proper to make it compatible with
Metro, with the other cities of Coral Gables, and surrounding cities, and let's don't waste
taxpayers' money. We are the owners of the City. Thank you.
Mayor Clark: Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Thank you, sir.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: May I ask a question of the gentleman?
Mayor Clark: Yes, sir.
Commissioner Gort: Are you checking with Gables and all the other people which want to be
compatible, see if they're willing to be compatible with us?
Mr. Gonzalez-Goenaga: Well, I think that management is very highly paid in this organization,
and Mr. Manager... Mr. Cesar is not even paying attention of what I'm saying. That's not my
obligation. I'm just a citizen.
Commissioner Gort: No. I understand, but since you come in here, I hope you go to Gables, and
all the other places, too.
Mr. Gonzalez-Goenaga: But I... attending... By attending sometimes the City of Coral Gables
Commission meetings, and they are more sophisticated than this one, and attending the Metro
38 December 1, 1994
circus, I can see that there is a lack, and... of communications between the City of Miami, and I
suggest that the Commissioners should contact the Metro Commissioners, because you have
very good relations with the...
Mayor Clark: Thank you.
Mr. Gonzalez-Goenaga: Especially, that building is named in your... your...
Mayor Clark: Yes, sir. Thank you very much.
Mr. Gonzalez-Goenaga: Thank you.
Commissioner Plummer: Mr. Mayor, I'm going to...
Mr. Odio: Mr. Mayor...
Commissioner Plummer: I'm going to vote for this issue, but let me tell you something. This is
the fourth year that I have said there is something radically wrong. We have... They keep saying
it's because we limited them to the City limits of Miami. We have four hundred and forty
thousand people in this City, a lot of people that are looking for jobs. Now, this is the fourth
year in a row that we've had excuses. I'm tired of excused.
Mr. Odio: Yes, sir, you are right.
Commissioner Plummer: Now, all I'm saying to you is, with this new Police Chief, at least he
has done something that none of the rest have done, and that is to go to Dade County Junior
College and ask them to possibly put on a course to assist, so that we can get these operators.
Mayor Clark: Well, we're starting to move.
Commissioner Plummer: So at least... I want to say, Mr. Mayor, I will not vote on another one
of these deferments. It is to be filled, and the monies are there, and that's all there is to it.
Mayor Clark: Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Dawkins first.
Vice Mayor Dawkins: No, I'll yield to you, Commissioner Gort, and then I'll take it.
Commissioner Gort: Let me tell you what my office is doing personally. We get a lot of
inquiring people looking for jobs, so what we're doing is, we're sending people over and letting
them apply.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: J.L. Plummer said this is about the fourth year. Mr. Manager, what is
budgeted in that object code that has not been spent? What amount of money is budgeted?
Commissioner Plummer: It's only the beginning of the year.
39 December 1, 1994
Mayor Clark: Chief.
Mr. Odio: Salary saving has been five hundred and fifty thousand, nine hundred and fifty
dollars.
Vice Mayor Dawkins: Five hundred and fifty thousand dollars.
Mr. Odio: Yeah. But that's on the object code. If I may...
Commissioner Plummer: That's real voodoo.
Mr. Odio: ... what they're not saying is that we're paying enormous amount of overtime that...
Vice Mayor Dawkins: OK. When you finish, then I'll finish. Go ahead.
Mr. Odio: ... to keep the telephone manned the twenty-four hours a day, seven days a week.
Commissioner Plummer: No, it's not... It's not the telephone...
Vice Mayor Dawkins: Now, Mr. Manager, you have a half a million dollars in reserve. OK?
You got a half a million dollars that's been sitting there for four years. OK? Now, what do we
pay the dispatcher or whatever it is? What do you pay an hour?
Mr. Odio: The salary is twenty-four thousand, sixty eight.
Vice Mayor Dawkins: Twenty... What is that an hour?
Mr. Odio: I don't know.
Chief Don Warshaw: Eleven dollars and forty-six cents an hour.
Vice Mayor Dawkins: OK. Is that competitive with Dade County, Miami Beach?
Chief Warshaw: Yes. We just recently raised it, and it is now.
Vice Mayor Dawkins: Well, you raised it from what?
Chief Warshaw: It was about a ten percent raise, Commissioner.
Mayor Clark: It was ten dollars. Now, it's eleven something.
Chief Warshaw: We were not compatible with the other municipalities in Dade County. We
raised it, and now we are.
Vice Mayor Dawkins: OK. Now, you were in my office, and you told me that you had a class
where an individual had to put in three hundred contact hours before you would consider... Not
you, Chief. I'm mean your office, because I'm not directing this to you, OK? ... that they had to
put in three hundred contact hours before you would consider them to be a telephone operator; is
that correct?
Chief Warshaw: No. I think, if you're referring to the Miami -Dade course, what I did is, we
contacted Dr. Padron...
40 December 1, 1994
Vice Mayor Dawkins: No, it had nothing to do with the course. OK? They were telling me that
the people that they were trying to get... They only would accept people who had three hundred
contact hours.
Chief Warshaw: No. Commissioner, we will accept anyone, and will train them on the job. It's
the three hundred hours that the Miami -Dade course will offer which will help people to be
trained before they come in the door. But for this job, they don't have to have those skills. It's
on-the-job training, and it will take about a year for us to do the training in-house.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. How many openings do you have?
Chief Warshaw: Over twenty openings for dispatch.
Vice Mayor Dawkins: All right. Twenty openings. I'm going to... All right. We will have
you... All these Commissioners up here will get you some people who live in the City of Miami.
OK?
Chief Warshaw: Great. Wonderful. Thank you.
Vice Mayor Dawkins: OK? Now, give them whatever you have to give them, the drug test, the
background test, test... and all, before we get started.
Commissioner Plummer: It's not just girls. They got male dispatchers.
Chief Warshaw: Yes, that's correct.
Vice Mayor Dawkins: I said "they."
Commissioner Plummer: You said "girls."
Vice Mayor Dawkins: I said, "give them."
Commissioner Plummer: The girls.
Vice Mayor Dawkins: OK. Well, no problem. Whatever it is. But I will have you four or five
people Monday.
Mayor Clark: OK.
Vice Mayor Dawkins: I will bring them... Where do I take them? Because I will take them
personally.
Chief Warshaw: To personnel management. They have to get on the register before we can do
anything with them.
Vice Mayor Dawkins: OK. All right. And I may take the register and go through there and see
what I can find already on the register.
Chief Warshaw: OK.
Vice Mayor Dawkins: OK. No further questions.
41 December 1, 1994
':�
Commissioner Plummer: I'll only ask one other question. This is really of the Manager. Mr.
Manager, would you send to my office a complete set of details which each applicant has to go
through and pass to be considered.
Mayor Clark: All right, no the motion. You moved it, Willy seconded. Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-880
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER
TO EXECUTE PROFESSIONAL SERVICE AGREEMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE
COMMUNICATIONS OPERATOR SERVICES FOR THE CITY OF MIAMI POLICE
DEPARTMENT AND ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $100,000, FROM THE POLICE DEPARTMENT GENERAL
OPERATING BUDGET, INDEX CODE 290201-270.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
------------------------------------- -------------------------------------------------------------------------
17. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION
TO WAIVE COMPETITIVE SEALED BIDS FOR CONSTRUCTION OF
SUBDIVISION IMPROVEMENTS IN PUBLIC RIGHT-OF-WAY ADJACENT
TO NEW PIVETTE PARK PLAT. (See label 18 & 37)
Mayor Clark: Item 18.
Vice Mayor Dawkins: What is this?
Mayor Clark: New construction, subdivision improvements.
Commissioner Plummer: Only question I have, as always, Mr. Mayor, is, why did we waive
competitive bidding? You'll never know if you got the best price.
Mr. Jim Kay: Mr. Commissioner, the work, seventy percent of the work has already been
completed.
42 December 1, 1994
Commissioner Plummer: That doesn't mean a damn thing.
Mayor Clark: Please, now, let's just find out. Just hold our...
Commissioner Plummer: That's what I'm asking.
Mr. Ron Williams (Assistant City Manager): If I may, Mr. Mayor, in response to Commissioner
Plummer's question, on these issues, we continue to bring the issue of lack of competitive
bidding. I'd just like to formalize for the record that we do compete them, it's just not consistent
with the formal sealed process. There is competition. It is less than the formal sealed
competition that we usually do in the formal process. But certainly, projects of this magnitude
have to be competed in some fashion; in this case, informal. I just wanted to say that, Mr.
Mayor, so that the Commission would not misunderstand the fact that we are competing these
projects, even though they're done in expeditious fashion.
Commissioner Plummer: Mr. Williams.
Mayor Clark: Yes, sir.
Commissioner Plummer: I appreciate what you're telling me. I want to see the rest of the bids.
I don't have copies of the rest of the bids. I don't know... The person who is up here voting, I
don't know that I agree or disagree with whether you made the right decision. Now...
Mayor Clark: Please move to defer. Get this back to J.L., and we'll handle it at the proper time.
Commissioner Plummer: Fine. Mr. Mayor, may I ask back on 16, I think it was...
Mayor Clark: It's been deferred. Next item.
[AT THIS POINT, ITEM (18) WAS DEFERRED. IT WAS PASSED LATER. SEE LABEL
37.]
----------------------------------------------------------------------------------------------------------------
18. (A) AUTHORIZE INCREASE IN CONTRACT ($7,227.58) WITH MET
CONSTRUCTION, INC. -- FOR PROJECT: BAYFRONT PARK
REDEVELOPMENT - SOUTH END PHASE I, B-2987 -- ALLOCATE
FUNDS FROM CIP 331305 -- RATIFY MANAGER'S FINDING OF
EMERGENCY.
(B) (Continued discussion) BRIEF COMMENTS CONCERNING
PROPOSED RESOLUTION TO WAIVE COMPETITIVE SEALED
BIDS FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
IN PUBLIC RIGHT-OF-WAY ADJACENT TO NEW PIVETTE PARK
PLAT. (See label 17 & 37)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Call item 19.
Commissioner Plummer: OK. I'll go back to 16 later.
Mr. Manuel Gonzalez-Goenaga: Excuse me, excuse me.
43 December 1, 1994
Mayor Clark: Nineteen has been moved. Is there a second?
Mr. Gonzalez-Goenaga: Excuse me. Hello.
Mayor Clark: No exception. Cast a unanimous ballot. Get that information back to him, Wally,
will you?
Commissioner Plummer: Please.
Vice Mayor Dawkins: Come on back here, now.
Mayor Clark: Item... passed...
Vice Mayor Dawkins: Nineteen, 19, move it.
Mayor Clark: Moved and seconded. Exception?
Commissioner Plummer: Of course, second.
Mayor Clark: All right.
Vice Mayor Dawkins: OK. Now, but now I want... under discussion. This is another one of the
items just like St. Hugh, but every time, you know, certain problem comes up and you increase
it, and no problem, and other problems come up - projects come up - and you increase it, and you
got to question it. But, hey, call the roll.
Commissioner De Yurre: What number are we on now?
Mayor Clark: Item 19.
Vice Mayor Dawkins: Nineteen.
Commissioner De Yurre: OK. Because... What happened to 18?
Vice Mayor Dawkins: Deferred.
Mayor Clark: Well, 18 has been deferred.
Commissioner De Yurre: Well, may I ask why? .
Mayor Clark: Because Commissioner Plummer wants... The Vice Mayor wants some more
information, and other bids on the item.
Commissioner Plummer: On 18, yes.
Commissioner De Yurre: On 18?
Mayor Clark: On 18.
Commissioner De Yurre: What does 18 have to do? We just gave to give them, this gentleman,
his money back.
Mayor Clark: No. If you listen, you'll find out what he's looking for.
44 December 1, 1994
Commissioner Plummer: No, sir. I'm asking, on 18 is waiving of the competitive bids. That's
18.
Commissioner De Yurre: He is owed, according to my understanding, forty-two thousand
dollars that has been paid in. He built something and he's got to get his money out.
Mr. Wally Lee (Assistant City Manager): Could I explain it, Commissioner?
Commissioner Plummer: No. Let's...
Mayor Clark: We're not going to explain it now. It's been deferred.
Commissioner Plummer: Come back with it later.
Mayor Clark: Next time, it'll come up. Item 19.
Vice Mayor Dawkins: Passed already, I think.
Commissioner Plummer: Nineteen. Where are we?
Mr. Walter Foeman (Assistant City Clerk): We've already called the roll on it.
Commissioner Plummer: Yeah.
Mayor Clark: Motion and a second. Call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-881
A RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF $7,227.58
IN THE CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA AND MET
CONSTRUCTION, INC., DATED AUGUST 23, 1993, FOR THE PROJECT
ENTITLED BAYFRONT PARK REDEVELOPMENT -SOUTH END PHASE I, B-
2987; ALLOCATING FUNDS THEREFOR FROM PROJECT NO. 331305, AS
APPROPRIATED BY THE CAPITAL IMPROVEMENT ORDINANCE NO. 11205;
FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING THAT THE
HEREIN INCREASE RESULTED FROM EMERGENCY CIRCUMSTANCES BY AN
AFFIRMATIVE VOTE OF FOUR -FIFTHS OF THE MEMBERS OF THE CITY
COMMISSION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
45 December 1, 1994
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
---------------------------------------------------------------------------------------------------------------
19. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE PURCHASE OF A WATER
HEATER FOR POLICE DEPARTMENT -- ALLOCATE FUNDS ($5,400).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item 20 is a five thousand dollar heater.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second?
Commissioner Plummer: Second.
Commissioner Gort: Second.
Mayor Clark: Any exceptions? Cast a unanimous ballot.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-882
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVING THE PURCHASE PF A WATER HEATER FROM PVI
INDUSTRIES, INC., IN A PROPOSED AMOUNT OF $5,400.00, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 420401-708; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
46 December 1, 1994
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------- ----------------------------------------------------
20. RATIFY MANAGER'S FINDING OF EMERGENCY -- WAIVE
COMPETITIVE SEALED BIDS -- APPROVE LEASE OF EQUIPMENT,
INCLUDING GENERATORS, LIGHT STANDARDS, PORT-O-LETS, ETC. IN
CONNECTION WITH TWO TOURIST INFORMATION CENTERS -- FOR
POLICE DEPARTMENT -- ALLOCATE FUNDS ($50,000).
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Item number 21.
Commissioner Plummer: We have no choice. I'll move it. I assume this is Summit again.
Lt. Joseph Longueira: No, sir.
Commissioner Plummer: What is it for?
Mayor Clark: You're going to be written down in the Summit real well, J.L.
Lt. Longueira: Sir, this is the equipment we've been leasing for the tourist information trailers
up by the expressways, to deal with the tourist crime.
Mr. Cesar Odio (City Manager): It has nothing to do with the Summit.
Commissioner Plummer: OK.
Mr. Manuel Gonzalez-Goenaga: Well...
Vice Mayor Dawkins: You need to put that...
Mr. Odio: By the way, these trailers have been...
Vice Mayor Dawkins: You need to put that in so we know it, we don't have to guess about it.
Mr. Odio: This has been the tourist information trailers.
Mayor Clark: There's a motion... Do you want to speak? What do you have to say, Manuel?
Mr. Gonzalez-Goenaga: Well, we got a promise and a... from the Manager, and I would like his
explanation - I'm sure we will take it - that no more emergency issues were going to come on
spending over and above the four thousand, five hundred for the particular reason...
47 December 1, 1994
Mayor Clark: No item was going to be brought up as an emergency unless it was...
Mr. Gonzalez-Goenaga: No, no, all of them. Look, number 18 is emergency, number 19,
emergency.
Vice Mayor Dawkins: Yeah, but this happened after we made the...
Mr. Gonzalez-Goenaga: Number 20, emergency.
Vice Mayor Dawkins: That happened after we made the agreement...
Commissioner Gort: Before.
Vice Mayor Dawkins: ... before we made the agreement, sir.
Mr. Gonzalez-Goenaga: Oh, I see.
Mayor Clark: Please have a seat. Please have a seat.
Mr. Gonzalez-Goenaga: Twenty-one.
Vice Mayor Dawkins: The Manage just can't go back into the pipeline and pull stuff out, and
change what he has already done, sir.
Mr. Gonzalez-Goenaga: I see. Well, I beg...
Mayor Clark: Call the roll.
Mr. Gonzalez-Goenaga: I excuse myself.
Mr. Walter Foeman (Assistant City Clerk): We need a second, Mr. Mayor.
Commissioner Gort: I'll second it, Mr. Mayor. The reason I second, this program was
established about a year ago. In January, it's going to be a year.
Mayor Clark: Call the roll.
Commissioner Gort: And that's been very helpful.
48 December 1, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO. 94-883
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE MEMBERS OF THE
CITY COMMISSION AFTER A DULY ADVERTISED PUBLIC HEARING,
RATIFYING THE CITY MANAGER'S FINDING THAT AN EMERGENCY NEED
EXISTED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDS
AND APPROVING THE LEASE OF EQUIPMENT, INCLUDING GENERATORS,
LIGHT STANDARDS, PORT-0-LETS, AND OTHER NECESSARY ITEMS FROM
THE HEREIN SPECIFIED VENDORS, AT A COST OF $50,000 FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM THE
DEPARTMENT OF POLICE, GENERAL OPERATING BUDGET ACCOUNT CODE
NOS. 290201-610 AND 290201-510; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE
ORDERS FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----- ----------------------------------------------------------------------------------------------------
21. RATIFY MANAGER'S EMERGENCY ACTION -- WAIVE COMPETITIVE
SEALED BIDS FOR FURNISHING / INSTALLATION OF CARPETING FOR
CHIEF OF POLICE'S OFFICE -- ALLOCATE FUNDS ($7,122.50).
Vice Mayor Dawkins: Move 24.
Mayor Clark: Twenty-three and 24 have been deferred.
Vice Mayor Dawkins: Twenty-four has been deferred?
Mayor Clark: Twenty-three.
Vice Mayor Dawkins: Twenty-four. Move 24, Mr. Mayor.
Mayor Clark: Twenty-four.
49 December 1, 1994
Vice Mayor Dawkins: It's another one...
Mayor Clark: Is there a second?
Commissioner Plummer: It's done, it's over with. One more magic carpet. I'll move the second
but I hope...
Vice Mayor Dawkins: You know, it's...
Commissioner Plummer: I hope this stops.
Vice Mayor Dawkins: You know, it's amazing to me, Mr. Mayor, and I just have to say this.
The Mayor... I mean J.L. Plummer praises the Manager, he's the best Manager we've had, he
comes in, he's doing things wonderful, he's great, he's moving, he's shaking things. And the
man comes in, and carpet that's been there since the building was built, he gets billed, and puts
in a new carpet. And J.L. Plummer says, "I'm moving the magic carpet." OK. Call the roll on
the magic carpet.
Mayor Clark: All in favor of the motion, signify by saying "aye." Opposed, like sign. So
ordered.
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO.94-884
A RESOLUTION BY AN AFFIRMATIVE FOUR -FIFTHS (4/5THS) VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC
HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EMERGENCY ACTION IN WAIVING COMPETITIVE SEALED
BIDS FOR THE FURNISHING AND INSTALLATION OF CARPETING FROM
REYES CARPET FOR THE OFFICE OF THE CHIEF OF POLICE, AT A TOTAL
PROPOSED AMOUNT OF $7,122.50; ALLOCATING FUNDS THEREFOR FROM
ACCOUNT CODE NO. 420401-670; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: I'd like to know what Mr. Dawkins had for breakfast.
50 December 1, 1994
Mayor Clark: He'd like to know the same from you. Item number 25.
Commissioner Plummer: I'm going to take him to the funeral home for lunch.
Mr. Gonzalez-Goenaga: How many carpets are we paying without bids?
Vice Mayor Dawkins: As many as we can, sir.
Mayor Clark: Sir, please have a seat, would you. Don't...
Mr. Gonzalez-Goenaga: I'm sorry, sir. I don't have a carpet at home.
Mayor Clark: You don't? Well, come down here, and stay down here. We got a carpet here.
Commissioner Plummer: You want the old one?
Mayor Clark: Please have a seat.
Commissioner Plummer: Odio will give you the old one.
----------------------------------------------------------------------------------------------------------------
22. BRIEFLY DISCUSS AND DEFER PERSONAL APPERANCE OF MR.
SAMUEL MASON TO DISCUSS VIOLATIONS OF MEMORANDUMS OF
UNDERSTANDING BETWEEN MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION AND THE CITY (ADOPTED JUNE 4,
1982).
Mayor Clark: Do we have a motion on item 25?
Vice Mayor Dawkins: Is Mr. Mason here? Move to defer.
Commissioner Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
DAWKINS AND SECONDED BY COMMISSIONER
PLUMMER, ITEM 25 WAS DEFERRED BY THE
FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
51 December 1, 1994
------------------------------------------------ -...............................................................
23. PERSONAL APPEARANCE: MR. GEORGE ROUMAIN, VICE PRESIDENT
OF TECINA INTERNATIONAL, INC. -- TO DISCUSS ADDITIONAL COSTS
RELATED TO PAYMENT PERFORMANCE BOND FOR PEACOCK PARK
PROJECT.
................ ---- ------------------------------------------------------------------------------------------
Mayor Clark: Item number 26.
Commissioner Plummer: While we're waiting for Wally, I invite all of you today at noon to the
dedication of the new improvements to that park, which came about by this Commission's
insistence of getting a return from promoters into a special fund. That fund reached sufficient in
size to do the improvements, which will be dedicated today, and it is hoped that all of you will
make it down to the park for a very brief ceremony.
Mayor Clark: Is this gentleman, Mr. Roumain, present, on his bid?
Mr. Wally Lee (Assistant City Manager): There he is, sir.
Mayor Clark: Come forward. That's item 26. You want to get your bond refunded?
Mr. George Roumain: That's correct.
Mayor Clark: Give us your name and address.
Mr. Roumain: My name, George Roumain, and Tecina International. It's 3250 Northwest 77th
Court, Miami.
Mayor Clark: What was the reason you want your bond returned?
Mr. Roumain: Basically, when we did bid the job, it was under two hundred thousand dollars,
and a bond was not required. After the bid, the City Commission did require to provide bond.
We did, and all we're asking now is just claiming the additional cost because of this bond.
Mayor Clark: Mr. Lee, you're on. What's the story here?
Mr. Lee: Yes, Mr. Mayor, he was paid the bond fee, which was twenty-seven hundred and
twenty-four dollars. However, Mr. Roumain alleges other additional costs, because he had to
provide his bond. Apparently, he went above his bonding capacity and could not bid certain
other jobs, and so on. But, you know, while I sympathize with Mr. Roumain, there's nothing in
the Code that...
Mayor Clark: No, we can't return it.
Commissioner Plummer: That's it.
Mayor Clark: I'm sorry. Anybody want to move to return the bond?
Mr. Roumain: If you don't mind, this is like getting a price without the bond or guarantee of any
sort, and after you get the job, and then you change your mind, you decide you want. This is
costing us fifty percent collateral, bonding capacity, interest, all kinds of cost. And not only that,
additional CPA (certified public accountant) cost to keep up the job, because of the bonding
company. I don't think it's really fair.
52 December 1, 1994
Mayor Clark: Mr. Roumain, we sympathize, but there's nothing legally we can do about it.
Sorry. Move to item number 27. Thank you, sir, for your appearance.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
24. (A) BRIEF COMMENTS CONCERNING THE EAST -WEST
MULTIMODAL CORRIDOR / MIAMI INTERMODAL CENTER
STUDY.
(B) DISCUSSION CONCERNING PARKING PROBLEMS DUE TO
REPAVING AT N.W. 7 STREET FROM N.W. 12 TO 37 AVENUES.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: East/West Multimodal Corridor. Who's handling this? You, Wally?
Mr. Wally Lee (Assistant City Manager): Pardon, sir?
Mayor Clark: Are you handling 27?
Mr. Cesar Odio (City Manager): This is a Department of.. They've withdrawn.
Mayor Clark: Withdrawn? Hey, listen, Sergio, you make sure that any East/West Corridor does
not interfere with the... disruption of the Grapeland Heights Park.
Mr. Odio: Sir, Mr. Mayor, we met with them, and I don't...
Mayor Clark: We cannot stand something like that. It's the only golf course we own in the City
of Miami, and for them just to run an east/west... When I was on that Commission, we moved
that thing north.
Mr. Odio: What we suggested, Mr. Mayor, I... There are three different types of proposals, that
they go on the Metrorail, where it is now, and down to the railroad tracks, and not interfere with
the City.
Mayor Clark: Oh, they'd love to go right through that golf course.
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Not with this, no, sir.
Mr. Sergio Rodriguez (Assistant City Manager): We... Mr. Mayor, they're going to come to
you, I believe, in January, to make a presentation, and they are aware of your concern, because
they mentioned it to me when I met with them yesterday. But I want to make sure that I also,
have talked to each one of you Commissioners and hear what other concerns you have in the
different areas. And in January, after they've been meeting with NET (Neighborhood
Enhancement Team) and different areas, they will come back to you.
Mayor Clark: All right. Thank you.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
53 December 1, 1994
Commissioner Gort: I'd like some more information. The Grapeland Heights individuals have
gotten together and... They've gotten together, and I think they've changed their mind on where
they're going to go. But I'd like to get some information from Public Works. Lee? Wally?
Mayor Clark: Wally?
Commissioner Gort: I got a lot of calls on Northwest 7th Street, between 37th and 27th Avenue.
I imagine that's a County road, a State road?
Mr. Lee: Yes, sir.
Commissioner Gort: Well, they went in there and they took off all the parking from the small
businesses in there, and they didn't notify anyone. I don't think I was notified. We were finding
out about it, because I got a call from several of the merchants there that the parking was
removed. A lot of those people don't have parking there. I don't think we were told about it. It
was just done. They didn't even consult the neighborhood or talk to the people there.
Mr. Lee: I believe, sir, the repaving of 7th Street from 12th Avenue to Douglas, 37th, was done
in conjunction with the Summit.
i
Commissioner Plummer: Ha!
Mr. Lee: However, I'll get you a report and all the data, what parking was lost, and so on. This
was done by Dade County.
i
Commissioner Gort: Well, I think, somehow, the City should receive some notice, courtesy
notice, and at least get together with the neighborhoods...
Mayor Clark: At least a warning about it happening.
Commissioner Gort: ... and some warning to the business owner. Overnight, it changed, no
parking. And there's people that have been using this for parking for fifty years.
i
j Mr. Lee: Yes, sir.
Commissioner Gort: Could you find out, please?
Mr. Lee: Let me see what I can do for the situation, and I will get back to you.
Mayor Clark: Thank you.
Commissioner Gort: Thank you.
END OF DISCUSSION -- NO ACTION TAKEN
NOTE FOR THE RECORD: Agenda item 28 was withdrawn.
54 December -1, 1994
----------------------------------------------------------------------------------------------------------------
25. (A) GRANT REQUEST BY THE SUPER BOWL HOST COMMITTEE
FOR $50,000 CONCERNING THE 1995 SUPER BOWL.
(B) DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
ITEMS CONCERNING VIRGINIA KEY MARINA --
COMMISSIONER DAWKINS INVOKES 5-DAY RULE. (See labels 8,
36,40 & 41)
Mayor Clark: I planned to bring up an item of the Super Bowl Host Committee funding for the
amount of fifty thousand dollars.
Commissioner Plummer: Move it.
Vice Mayor Dawkins: Second.
Mayor Clark: Is there any exception?
A. Quinn Jones, III, Esq. (City Attorney): Can we read the reso into the record?
Mayor Clark: All right. Now, if I get these out of the way, J.L., I don't want to...
Commissioner Plummer: The Super Bowl Host Committee for fifty thousand.
Mayor Clark: Yeah.
Mayor Clark: Recommending a tax resolution be approved by existing contract with Terratech.
Who's handling this Terratech...
Vice Mayor Dawkins: What is that?
Mayor Clark: That's the cleanup over there on Virginia Key.
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Dawkins: Pocket item... Who's doing it?
Mayor Clark: No, this isn't...
Commissioner Plummer: Well, what's he talking about?
Vice Mayor Dawkins: No, no way. Uh-uh.
Mayor Clark: The road going into Virginia Key Beach.
55 December 1,1994
Vice Mayor Dawkins: No.
Mr. Odio: Hurricane recovery.
Chief Frank Rollason: Right. This is the change order on the two extensions on that.
Mayor Clark: Yeah. Seventy-seven thousand. Do we have the money in the budget? I mean, in
the...
Chief Rollason: The money is...
Mr. Odio: Yes. FEMA (Federal Emergency Management Agency) and...
Chief Rollason: State.
Mr. Odio:... State.
Mayor Clark: Now, let me tell you, I use that quite often, that road, quite often. And after they
cleaned it up, that storm came along and blew down twenty, thirty, forty trees on the west side of
that road going into the sewer plant.
! Chief Rollason: Yes, sir.
Mr. Odio: So you better have those cleaned. Is this going to be part of that?
i
Chief Rollason: That is not part of that, but we've been out there, we've surveyed that, and
we're working with the State now on whether or not we're going to get funding to do that, or
we're going to have to do that in-house.
Mayor Clark: You know, what should happen, you should tear all of those old trees down and
get rid of them, because you're constantly going to be going back for those Australian trees
popping off. They have no...
Chief Rollason: Well, part of the State money that we have, on the interior forest land, will
allow us to do that and clear that Australian pine, and to put natural trees back in there.
Mayor Clark: Boy, they are a mess.
Chief Rollason: So that's part of the plan.
Mayor Clark: Nothing but trash.
Commissioner Plummer: Can I... Mr. Manager, on that same vein, I notice that the County has
graciously taken unto themselves to take and put a new road off of the main road.
Mr. Odio: It's not the County. They came here. We asked them to put in that road,
Commissioner.
Commissioner Plummer: Excuse me.
Mr. Odio: That's a new road to the plant, and we asked them to put that road in.
Commissioner Plummer: And how does it benefit...
56 December 1, 1994
Mr. Odio: Because that will help us divert the trucks that way so that we can have your - what
do you call that? - camping grounds developed in that area.
Commissioner Plummer: No, sir, that's not there, but we'll talk about that.
Mr. Odio: It will help us to... That road...
Commissioner Plummer: The only question I tried to get a simple answer from, is, in fact, the
property still in the retention and the name of the City?
Mr. Odio: Yes.
Commissioner Plummer: Thank you.
Mr. Odio: We asked them, when they put in the new pipe lines, that we wanted that road, that...
We asked them.
Mayor Clark: The road's right on top of the pipeline, anyway.
Mr. Odio: Yes.
Mayor Clark: Right on top of it.
Commissioner Plummer: But all I'm asking is, is that property still in the name of the City?
Mayor Clark: Still there.
Mr. Odio: Yes.
Mayor Clark: Still there.
Mr. Odio: At the time we brought that to you, that was determined.
Commissioner Plummer: Fine.
Mayor Clark: All right. Back just a moment, on the Super Bowl fund. Call the roll on that, Mr.
Clerk.
57 December 1, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-885
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $50,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS, EMERGENCY FUND, ACCOUNT CODE
NO. 921002-930, IN SUPPORT OF THE "HOSTING OF SUPERBOWL XXIX" ,
SPONSORED BY THE SOUTH FLORIDA SUPERBOWL XXIX HOST
COMMITTEE, INC.; CONDITIONING SAID ALLOCATION UPON COMPLIANCE
WITH ANY CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY
THE CITY MANAGER, AND ALL REQUIREMENTS THAT MAY BE IMPOSED BY
THE CITY ATTORNEY, INCLUDING BUT NOT LIMITED TO THOSE
PRESCRIBED BY APPLICABLE CITY CHARTER AND CODE PROVISIONS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
SOUTH FLORIDA SUPERBOWL XXIX HOST COMMITTEE, INC. FOR SAID
PURPOSE.
(Here follows body of resolution, omitted here and on file in the Office of the City
CIerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mr. Jones: Did you vote on the Virginia Key?
Mayor Clark: On the Virginia Key, motion and a second on that money.
Commissioner Plummer: That wasn't...
Vice Mayor Dawkins: Which one?
Commissioner Plummer: Excuse me. I don't know what you're talking about.
Vice Mayor Dawkins: What are we talking about now?
58 December 1, 1994
Mayor Clark: Increasing the existing contract to clean up that trash over there on that road going
into Virginia Key.
Vice Mayor Dawkins: Mr. Mayor, I have to respectfully call the rule on this. You know, I've
said it for five... Ever since Hurricane Andrew...
Commissioner Plummer: I haven't seen it.
Vice Mayor Dawkins: And they always come up with after the fact, they have awarded a
contract, and out of all of the debris that was hauled away, no black firm has hauled away any as
an emergency.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: OK?
Mayor Clark: Let me tell you what it is, Mr. Dawkins.
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: There's an emergen... This is FEMA money, and if it's not exercised by the end
of the year, it goes back into the main pot.
Vice Mayor Dawkins: So the black and Latin small contractors who could haul this debris away,
they get shafted because...
Mayor Clark: It's a black contractor.
Vice Mayor Dawkins: Sir?
Mayor Clark: It's a black contractor.
Mr. Odio: It's an Hispanic contractor.
Vice Mayor Dawkins: It's not. It's not.
Mr. Odio: It's an Hispanic contractor.
j Chief Rollason: It's Hispanic, but there's another contractor, Mr. Commissioner, on there, on
moving the soil for two hundred and ninety-eight thousand, and that was awarded to a black
contractor.
Vice Mayor Dawkins: What's the name of the firm?
Chief Rollason: G. Family Enterprises.
Vice Mayor Dawkins: Who?
Chief Rollason: G. Family Enterprises.
Vice Mayor Dawkins: Where are they located?
Mayor Clark: Opa Locka, I think.
59 December 1, 1994
Mr. Ron Williams (Assistant City Manager): It's Dade County. I believe it's Northeast 125th.
Vice Mayor Dawkins: How long have they been in business?
Mr. Williams: Several years, Vice Mayor. Mr. Charles George is the president. He and his
brother have been in business for a long time.
Mayor Clark: OK. Motion... Call the roll on this item.
Commissioner Plummer: I thought he invoked the rule.
Mayor Clark: Sir?
Commissioner Plummer: Did he invoke the rule? He said he did.
Mayor Clark: Did you invoke the rule?
Vice Mayor Dawkins: I mean, I'm just... I mean, I just don't see how they... Mr. Mayor, that's
the only way I can get anybody's attention up here. I can't... I keep telling them over and over,
and they keep bringing it back.
Commissioner Plummer: If he invoked the rule, that's it.
Mayor Clark: OK.
Vice Mayor Dawkins: Go ahead, Mr. Manager.
Mr. Odio: Well, on this... I gave... I said I would not have any more emergencies. This is why
we are here today. I refused to grant an emergency, and bring it to you so we would not lose this
money that if we don't spend by December 31st, we lose.
Vice Mayor Dawkins: Yeah, but I've been saying all along, you should have some Latin,
black...
Mr. Odio: But we have...
Vice Mayor Dawkins: ... Haitian... I don't care what it is - women - in the... somewhere on a
Roll-A-Dex...
Mr. Odio: But these are Latin...
Vice Mayor Dawkins: where, when these emergencies come up, all you have to do is turn to the
Roll-A-Dex and say, "Hey"...
Mr. Odio: But this is Hispanic and a black.
Commissioner Plummer: All right, all right, I'll make it easy for you. I'll invoke the rule. OK?
That ends it.
Vice Mayor Dawkins: No, no, no.
Commissioner Plummer: That ends it.
Vice Mayor Dawkins: That's OK. No. Let... I... Let it go, J.L., let it go.
60 December 1, 1994
Mayor Clark: Let me... Let me... wait...
Commissioner Plummer: Look, wait, wait, just a minute, now.
Mayor Clark: Please, now, wait a minute.
Vice Mayor Dawkins: They don't want to lose the money. Let it go, J.L.
Mayor Clark: Let me say this. We have a Latin and a black contractor. This is not... You can
invoke it if you'd like to, but this is the extension... changing of the contractor; is that right?
Mr. Williams: That's exactly right, Mr. Mayor.
Mayor Clark: For a contract that's already been awarded. If we don't exercise it by the end of
the year, we lose seventy-seven thousand dollars. We got to pick it up ourselves then.
Vice Mayor Dawkins: No, you will... OK. You know, that's hogwash.
Mayor Clark: All right.
Vice Mayor Dawkins: OK?
Mayor Clark: Hogwash is just as good as rinse wash, too.
Vice Mayor Dawkins: OK.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: All right. What do you want to do?
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: May I have the opportunity, at least, at least, if not common courtesy,
when you stick something in me a minute before and ask me to vote on it, it is ridiculous to do
such. It's not on an agenda.
Mr. Odio: Can we have another City Commission meeting next week?
Commissioner Plummer: No, sir, you cannot.
Mr. Odio: I'd like to call the City Commission next week, Mr. Mayor. If we... I am asked not to
have emergencies.
Commissioner Plummer: Fine. You don't have the authority...
Mr. Odio: Then when I bring the emergency here for your approval, he comes up that he just got
it. When he has pocket items, they are not a problem.
Commissioner Plummer: Are you finished? In more ways than one?
Mr. Odio: Yes, sir, I am.
61 December 1, 1994
Commissioner Plummer: You cannot ask me to take and vote on something that you put in front
of me a minute before you asked me to vote. At least, I have the courtesy with my pocket items
to run them by you, which most of my pocket items come from your office, and I won't handle
until it's been approved by you. Now, if you want to play games, let's play games. All right?
All of the pocket items I have here today, Mr. Mayor, for the record, come from his office.
Mr. Odio: Because I refuse to create emergencies. And you asked them to be brought here, and
that's why I'm doing that.
Commissioner Plummer: You can't ask me to vote on a subject that you put...
Mayor Clark: All right.
Commissioner Plummer: Now, this afternoon after I...
Mayor Clark: I'm putting you all on notice. I'm putting you all on notice, before Christmas,
we're going to have another special Commission meeting. I'm going to call a special
Commission meeting, and these items will be properly advertised before you.
Commissioner Plummer: I was going to try, Mr. Mayor, to alleviate your problem there by
virtue, if you will give me time to read it and bring it back up this afternoon...
Mayor Clark: All right, that's fine.
Commissioner Plummer:... I'll vote on it. But don't ask me to vote blind.
Mayor Clark: I know exactly... I was a little more up to date on it than you are, apparently, but
that's OK. That's fair enough. No problem.
Commissioner Plummer: Sure, sure. Have a meeting on the 25th.
NOTE FOR THE RECORD: At this point, agenda item 30 was
tabled until the afternoon.
62 December 1, 1994
26. AUTHORIZE MANAGER TO APPROVE: (1) SUBLEASE AGREEMENT
BETWEEN OLYMPIA BUILDING PARTNERS, LTD. AND OLYMPIA
RESIDENTIAL BUILDING PARTNERS, LTD.; AND (2) NON -
DISTURBANCE AGREEMENT WITH OLYMPIA BUILDING PARTNERS,
LTD. AND OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD. -- FOR
REDEVELOPMENT OF THE OLYMPIA BUILDING.
Mayor Clark: Now, Mr. Clark Cook, where are you?
Mr. Clark Cook: Right here, sir.
Mayor Clark: Now, you know that this is not on the agenda, folks. Now, if you want to start off
with that, I promised him that... He has a time constraint; is that right?
Mr. Cook: Yes, sir, Mr. Mayor, we do have a time constraint.
Mayor Clark: This is the Olympia...
Commissioner Gort: My understanding...
Mayor Clark: Sir?
Commissioner Gort: My understanding, a memo was delivered to all the Commissioners.
Mr. Cook: Yes, sir, it was fax... It was... The memo was delivered to all the Commissioners on
Monday.
Commissioner Plummer: I only have two questions.
Mr. Cook: Yes, sir.
Commissioner Plummer: On the record. Number one, that the Olympia Building is totally
separate from the Olympia Theater or the Gusman Theater, and that if, in fact, the day were to
come, we could separate the two, and sell one, or give it back to the family.
Mr. Cook: You can't structurally separate it, because the dressing rooms are on the second floor.
But if you chose to give, in talking to Miriam, if you told to give... If you said, "I want to give
the Gusman Theater back to the Gusman family," you could do that, no matter what you do
today.
Commissioner Plummer: Well, I would love to do that, and put it back on the tax rolls. But
second of all, I don't find a reverter back if the project fails.
Mr. Cook: The reverter back that you're talking about on the project failed is in the original
lease. If the developer fails to meet the financial obligations to the City, then we take over the
project, and we operate the project.
Commissioner Plummer: At no cost to the City.
63 December 1,1994
Mr. Cook: Well, outside of the cost of managing it, the facility, that's correct.
Commissioner Plummer: No. We don't have to reimburse the developer...
Mr. Cook: No, no.
Commissioner Plummer: ... for the five million that he spent.
Mr. Cook: No.
Commissioner Plummer: OK. That's all I wanted to know.
Vice Mayor Dawkins: Mr. Mayor, one... The first thing I have to say is, I received a memo
from your office more than five days ago that you were bringing this up, so I don't classify this
as an emergency, because I did receive the notice from your office. But I do... I would like to
say to all of you, what is DEEDCO going to get out of this? No, no, no. You...
Mr. Cook: Help me with the technical part.
Vice Mayor Dawkins: Huh?
Unidentified Speaker: As a co-develope, we're going to participate...
Mr. Cook: They are the co -developer in this. They are the selected group that was selected to
co -develop this project, and they will benefit out of this exactly like they benefit... just as the
original lease...
Vice Mayor Dawkins: What, in dollars and cents, will they benefit, Mr. Cook? I don't need a
lot of rhetoric. I need numbers.
Mr. Cook: Give them your name. Give them your name.
Mr. Stewart Meyers: Commissioner Dawkins, I'm Stewart Meyers. I'm with the Cornerstone
Group. I'm president. I'm Bernice's partner, DEEDCO's partner. DEEDCO is a thirty percent
partner in this project. I can't tell... We have a budget...
Vice Mayor Dawkins: Thirty percent, that's close enough.
Mr. Meyers: They have a thirty percent interest in the project. That's right, sir.
Vice Mayor Dawkins: OK. Thank you. That's all. No further questions.
Mayor Clark: Any other discussion?
Commissioner Gort: Mr. Mayor, my understanding, I talked to our attorneys. Our attorneys
have been working with this, and also, they got outside counselor expertise in tax credit, and
they're in agreement with it, and are still working on it. I don't have any problem with it.
Commissioner Plummer: Mr. Mayor, just for the record, my only problem is that, at best, this
thing will not general sufficient fund to overcome the subsidy required for the theater. That's
why I was hoping to give the whole thing back and get it out of our hair, because we're still three
hundred thousand dollars a year subsidy on Gusman Center. And that's, you know, I'd love to
see it back on the tax rolls.
64 December 1, 1994
Mayor Clark: All right.
Commissioner Plummer: But I think Mr. Cook has done the best he can, under a very bad,
miserable situation.
Mayor Clark: All right. You're going to move this now, Mr....
Commissioner Gort: Move it.
Vice Mayor Dawkins: Second.
Commissioner Plummer: Second.
A. Quinn Jones, III, Esq. (City Attorney): Well, I think you ought to be clear what you're voting
on. You're voting on approval of the sublease...
Mayor Clark: Yes.
Mr. Jones: And a non -disturbance agreement.
Commissioner Gort: That's right.
Commissioner Plummer: The original.
Mayor Clark: Moved and seconded by Mr. Dawkins. Yes? Call the roll.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-886
A RESOLUTION, WITH ATTACHMENTS, RELATED TO THE OLYMPIA
BUILDING LOCATED AT 174 EAST FLAGLER STREET, MIAMI, FLORIDA,
THEREBY 1) AUTHORIZING THE CITY MANAGER TO EXECUTE A NON -
DISTURBANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH OLYMPIA BUILDING PARTNERS, LTD. AND OLYMPIA RESIDENTIAL
BUILDING PARTNERS, LTD., AND 2) AFFIRMING A SUB -LEASE AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN OLYMPIA BUILDING
LTD. AND OLYMPIA RESIDENTIAL BUILDING PARTNERS, LTD.
65 December 1, 1994
1
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mr. Cook: Thank you.
Mayor Clark: Thank you.
----------------------------------------------------------------------------------------------------------------
27. CITY ATTORNEY ANNOUNCES THAT ORAL ARGUMENT ON
HOMELESS APPEAL WILL BE HEARD IN THE FEDERAL JUSTICE
BUILDING, 11TH FLOOR, ON DECEMBER 2, 1994, AT 9:00 A.M.
Mayor Clark: It is almost... Is that all we have...
Vice Mayor Dawkins: No. J.L. Plummer's got some more.
Mayor Clark: You got some pockets, J.L.?
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor, if I might.
Vice Mayor Dawkins: Yes, sir.
Mr. Jones: I just want to inform the Commission that tomorrow morning, at nine o'clock, the
oral argument on the homeless appeal will be heard before the Eleventh Circuit Panel, which is
at the Federal Justice Building downtown.
Mayor Clark: Who's serves on it, do you know?
Mr. Jones: Excuse me?
Mayor Clark: What Judge is serving?
Mr. Jones: It's not a Judge. It's a panel from the appellate... This is the appellate panel. They
don't announce the Judges until the day of the hearing.
Mayor Clark: OK. Where is it going to be held?
Mr. Jones: The Federal Justice Building, eleventh floor, nine o'clock.
66 December 1, 1994
Mayor Clark: Very good. Thank you, Mr. Attorney.
END OF DISCUSSION -- NO ACTION TAKEN
--------------------------- -------------------------------------------------------------------------------------
28. DISCUSSION CONCERNING CONSIDERATION OF PROPOSED
RESOLUTION TO DISPENSE WITH PROCEDURES FOR PROFESSIONAL
SERVICES (OUTLINED IN CODE SECTION 18-52.3) FOR NEW MOTOR
POOL AND COMMUNICATIONS MAINTENANCE FACILITY AND
RELATED STRUCTURES AT N.W. 20 STREET AND N.W. 14 AVENUE --
VICE MAYOR DAWKINS INVOKES 5-DAY RULE. (See label 50)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I have...
Mayor Clark: Yes, sir.
Commissioner Plummer: Are you ready for pockets?
Mayor Clark: Yes, sir.
Commissioner Plummer: I'll read them. A resolution by an affirmative vote of four/fifths...
Vice Mayor Dawkins: Hold it. I would invoke the rule.
Commissioner Plummer: OK.
Vice Mayor Dawkins: And the reason I'm invoking the rule is, I've asked that this be scheduled
for discussion at the January meeting, and I don't know what an emergency is when you do not
have the money from the sale of the property in hand. You don't know how much of the six
million that you're supposed to get from the property is going to be in hand, and I'd like for all
of that to be discussed at the January meeting.
Commissioner Plummer: I...
Mr. Cesar Odio: Well... Excuse me. I need to put this on the record. We have, under the sales
contract...
Commissioner Plummer: Well, excuse me. Do any of my colleagues know what, since he
stopped me in advance?
Mayor Clark: Yeah, I know what he's trying.
Commissioner Plummer: This is for the design of the new motor pool.
Vice Mayor Dawkins: This is for the design, and you don't have the money in hand...
Commissioner Plummer: Miller...
Vice Mayor Dawkins: And I don't know what the emergency is to design something that you
don't know where the money is.
67 December 1, 1994
Commissioner Plummer: Miller, so you know, I'm not arguing. I was asked by the
Administration to bring this up, and that's what...
Mr. Odio: OK. Because... let...
Vice Mayor Dawkins: OK. Well, I'm... I invoke the rule.
Mr. Odio: Let me explain, Mr. Mayor, if I may.
Mayor Clark: Explain. You got the floor.
Mr. Odio: Under the sale contract, we have until June 30th to move out of the existing facility.
If we do not do this now and get your authorization, so I didn't have to declare an emergency in
January, we have... We are doing this today to prevent precisely having an emergency, and
that's why I'm doing this today. Now, we will get six million dollars in cash when we close next
week, and we have... Because of the one million -nine that we lost from some community
development, we will have to take the money from that, monies that we take from the sale. So
this money definitely will be given...
Vice Mayor Dawkins: Mr. Mayor, did I understand...
Mr. Odio: ... in a check of six million dollars next week. And there...
Vice Mayor Dawkins: Mr. Mayor, did I understand you to say that you were calling a special
meeting before Christmas?
Mayor Clark: I could.
Vice Mayor Dawkins: All right. Then I would move... I would call the rule and let this come
up at the special meeting before...
Mayor Clark: Let me tell you, I'm going to put something back on the agenda for
reconsideration of this Commission also. That funds from the CDBG (Community Development
Block Grant) funds be afforded. Now, Mr. Dawkins pulled it off. Right?
Vice Mayor Dawkins: Did what, now?
Mayor Clark: The CDBG funds that you...
Vice Mayor Dawkins: Yeah.
Mayor Clark: ... you asked to be taken off. I'm going to have it reconsidered by this
Commission.
Vice Mayor Dawkins: That's good, and I... The only reason I took it off is that it's money that's
supposed to have gone to poor people for business development, homes and economic. Now, if
this Commission decides that it's going to take money that the Federal Government gave it to
build houses, and put people in business, and to assist small businesses, I don't have a problem
with it. I just vote against it.
Mayor Clark: All right.
68 December 1, 1994
Vice Mayor Dawkins: But if the majority of the Commission votes for it, and HUD (Housing
and Urban Development) does not say that you are violating the spirit of what the money was
given for, I don't have a problem with it, Mr. Mayor.
END OF DISCUSSION -- NO ACTION TAKEN. [SEE LABEL 50.]
----------------------------------------------------------------------------------------------------------------
29. APPROVE TRANSFER OF CITY LOAN ($33,000), ORIGINALLY
PROVIDED TO THE SMALL BUSINESS OPPORTUNITY CENTER, INC.
FOR PURCHASE OF PROPERTY DEVELOPED AS A PARKING LOT AT
1419 W. FLAGLER STREET, TO THE LATIN CHAMBER OF COMMERCE
(CAMACOL).
Mayor Clark: Thank you. All right. What else you have, J.L.?
Commissioner Plummer: Mr. Mayor, I have from the Miami Capital and the Economic Division
of the City, the following resolution in behalf of CAMACOL. And I'll read... There's two
resolutions, sir. The first one, a resolution approving a transfer of the City loan in the amount of
thirty-three thousand, originally provided to the Small Business Opportunity Center, SBOC,
through Resolution 87-350, for the purchase of the property developed as a parking lot located at
1419 West Flagler Street to the Latin Chamber of Commerce (CAMACOL), which owns the
property at 1417 West Flagler Street, the office building for which this parking lot was built. I
so move.
Mayor Clark: Second. Any discussion? Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-887
A RESOLUTION CONSENTING TO THE TRANSFER OF THE PROPERTY
LOCATED AT 1419 WEST FLAGLER STREET, MIAMI, FLORIDA, BY THE
SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC") TO THE LATIN
CHAMBER OF COMMERCE OF THE UNITED STATES, INC. ("CAMACOL"),
SUBJECT TO A MORTGAGE FROM SBOC TO THE CITY SECURING A LOAN IN
THE ORIGINAL PRINCIPAL SUM OF $33,000; CONSENTING TO THE
ASSUMPTION OF SAID MORTGAGE BY CAMACOL; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS
MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
TO EVIDENCE THE CITY'S CONSENT TO THE TRANSFER OF SAID PROPERTY
AND CAMACOL'S ASSUMPTION OF SAID MORTGAGE.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
69 December 1, 1994
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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
30. APPROVE TRANSFER OF CITY LOAN ($115,659.55), PROVIDED TO THE
SMALL BUSINESS OPPORTUNITY CENTER, INC. -- FOR PURCHASE OF
PROPERTY AT 1401 W. FLAGLER STREET -- TO THE LATIN CHAMBER
OF COMMERCE (CAMACOL) -- APPROVE SUBORDINATION OF SAID
LOAN TO SUN BANK / MIAMI, N.A., FOR CONSIDERATION OF A
$300,000 DEBT REFINANCING LOAN TO CAMACOL.
Commissioner Plummer: The second portion of that, Mr. Mayor, a resolution approving the
transfer of the City loan provided to the Small Business Opportunity Center, SBOC, through the
Resolution 87-350, in the amount of $115,659.55, for the purchase of the property located at
1401 West Flagler Street, to the Latin Chamber of Commerce (CAMACOL), further approving
the subordination of said loan to Sun Bank, Miami, N.A., for consideration of a three hundred
thousand dollar debt refinancing loan to CAMACOL. I so move.
Mayor Clark: Second. Call the roll.
70 December 1, 1994
The following resolution was introduced by Commissioner Plummer, who moved its adoption:
RESOLUTION NO.94-888
A RESOLUTION CONSENTING TO THE TRANSFER OF THE PROPERTY
LOCATED AT 1401 WEST FLAGLER STREET, MIAMI, FLORIDA, BY THE
SMALL BUSINESS OPPORTUNITY CENTER, INC. ("SBOC") TO THE LATIN
CHAMBER OF COMMERCE OF THE UNITED STATES, INC. ("CAMACOL"),
SUBJECT TO A MORTGAGE FROM SBOC TO THE CITY, SECURING A LOAN IN
THE ORIGINAL PRINCIPAL SUM OF $117,000; CONSENTING TO THE
ASSUMPTION OF SAID LOAN BY CAMACOL; AUTHORIZING THE
SUBORDINATION OF SAID MORTGAGE TO A NEW MORTGAGE FROM
CAMACOL IN FAVOR OF SUN BANK/MIAMI, N.A., SECURING A $300,000
LOAN TO CAMACOL TO FINANCE THE PURCHASE OF THE PROPERTY; AND
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH
DOCUMENTS AS MAY BE NECESSARY, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, TO EVIDENCE THE CITY'S CONSENT TO THE TRANSFER
OF THE PROPERTY, CAMACOL'S ASSUMPTION OF THE MORTGAGE AND ITS
SUBORDINATION TO THE MORTGAGE IN FAVOR OF SUN BANK.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Commissioner Plummer: That's all I have, Mr. Mayor.
Vice Mayor Dawkins: Mr. Mayor, I have one, please.
Commissioner Plummer: None of them are mine.
71 December 1, 1994
----------------------------------------------------------------------------------------------------------------
31. VICE MAYOR DAWKINS REQUESTS PUBLIC HEARING DURING
JANUARY COMMISSION MEETING CONCERNING OVERTOWN
REDEVELOPMENT AUTHORITY, AS WELL AS A CITY COMMISSION
TOWN HALL MEETING TO BE HELD IN OVERTOWN AREA.
-------------------------------------------------- -------------------------------------------------------------
Vice Mayor Dawkins: I have one pocket item. On the 14th of November, I sent to the
Commissioners the Interlocal Agreement that we were going into with Commissioner Teele on
the Overtown Redevelopment Authority, and I would ask that the Mayor schedule a public
hearing for this at the January meeting, and that the Commission allow me to have a public
hearing in Overtown so that... and get a consultant to answer any questions that the Overtown
residents may have, and that the Commission tell me whether they want to go with option one or
two. I would ask that from each of you.
Mayor Clark: All right.
Commissioner Plummer: Mr. Dawkins, did you surrender that to Mr. Teele? Has he seen a copy
of it?
Mayor Clark: He's supposed to be here. He's supposed to be here.
Vice Mayor Dawkins: No, I did not, because I did not want to give Mr. Teele something that
this Commission had not agreed to.
Commissioner Plummer: OK. No, I'm just asking is...
Vice Mayor Dawkins: No. I didn't. I will.
Commissioner Plummer: ... is he going to be prepared to speak to the issue when we schedule it
in January?
Mayor Clark: He's supposed to be here at eleven o'clock today, so.
Vice Mayor Dawkins: Yeah, I will. Yes, if this Commission directs me to provide him with a
copy, I will.
Mayor Clark: All right.
Commissioner Plummer: Well, I mean, if we're going to expect him to... All I'm saying is, if
we're going to expect him to discuss the issue, I think he should have a copy in advance so he'd
be prepared to speak to it. That's all I thought.
Vice Mayor Dawkins: Hey, I don't have a problem. I will see... I will send a copy over to his
office by noon.
Commissioner Plummer: Well, if he's going to be here at eleven, save the postage.
Mayor Clark: Supposed to be. Well, I can't...
Commissioner Plummer: Mr. Mayor, I have nothing else.
72 December 1, 1994
Vice Mayor Dawkins: I have nothing else.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
32. (Continued) DISCUSSION CONCERNING AWARD OF BID TO
BANNERMAN LANDSCAPING, INC., FOR CITYWIDE SIDEWALK
REPLACEMENT PROJECT - PHASE II B-4575. (See label 15)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: I would like to ask a question of the Administration. Mr.... Item 16.
Mayor Clark: Fifteen?
Commissioner: Sixteen, Mr. Mayor. Is 627 Northeast 83rd Terrace in Miami?
Mayor Clark: It should be.
Commissioner Plummer: I'm then questioning where the ten percent.. a ten percent edge for
City business, as opposed to an outside business. My numbers come out that this is not the low
bidder. Lewis Green Construction was four -eleven. If you give them the ten percent for being a
City business, it brings it down to three -seventy. The company that was awarded definitely is
not in the City. That's at Northwest 143rd Street. I'm merely asking for the record.
Commissioner Gort: Which item is that?
Commissioner Plummer: I'm on item 16, Mr. Gort. My question is, the second bidder, appears
to me to be a City business, which we have a policy that they enjoy a ten percent edge.
Mr. Jim Kay: Mr. Commissioner, there is some question as to whether or not that is a primary
office, that location, and...
Commissioner Plummer: Well, I would like to have an answer, whether it's a primary office or
what, if they've listed it as their office.
Mr. Kay: It is an apartment unit.
Commissioner Plummer: Well, I mean, can they operate an office out of an apartment? I don't
know. I don't know. OK? Mr. City Attorney?
A. Quinn Jones, III, Esq. (City Attorney): No. We changed... You know, you... This
Commission changed that policy. You know, the policy, as was previously written, was that you
could afford a ten percent preference... a ten percent preference to a local company. What you
changed the policy to, in my understanding... I may be wrong, but my recollection is that when
you changed the policy, it now became such that if the... if the low bidder or whatever, who was
not outside of the City of Miami, would meet, or should I say the second bidder would meet the -
who would be a local company - would meet the low bidder's price, then you would give it...
you would give it to the... that company.
Mr. Kay: I think I can explain it. There's an asterisk by the... located in the City of Miami by
the note. Look down at the bottom, it says that the... his certificate of use had not been issued at
that address at the time of bid.
73 December 1, 1994
Commissioner Plummer: All right. So what you're saying is that they're not entitled to it.
Mr. Kay: That's correct. Yes, sir.
Commissioner Plummer: So... OK.
Mayor Clark: Have we taken action on that up to...
Commissioner Plummer: Well, we'd already approved it, Mr. Mayor, but when I went back and
looked at it, that's when I got... You know, I thought... Originally, what made me look at it was
to build sidewalks, and then I find out this is nothing more than to remove sidewalks; is that
correct?
Mr. Kay: No. This would be removal and building sidewalks. Yes, sir.
Mayor Clark: It's a replacement project.
Commissioner Plummer: Oh, OK.
Mr. Kay: Replacement.
Commissioner Plummer: Removal and replacement.
Mr. Kay: Yes, sir.
Commissioner Plummer: OK. Thank you.
Mayor Clark: Anything further? Willy, you got anything?
Mr. Gort: No, sir.
Mayor Clark: Mr. Dawkins, you got any more?
Vice Mayor Dawkins: I don't have anything. Thank you.
Mayor Clark: Mr. De Yurre?
END OF DISCUSSION -- NO ACTION TAKEN
74 December 1, 1994
------------------- --------------------------------------------------------------------------------------------
33. DISCUSSION CONCERNING PROPOSED SPECIAL NEIGHBORHOOD
IMPROVEMENT DISTRICT IN SOUTH COCONUT GROVE -- REQUEST
CITY COMMISSION TO ADOPT PROPOSED ORDINANCE CALLING FOR
A REFERENDUM TO BE VOTED UPON BY THE PEOPLE OF THE SOUTH
GROVE AREA CONCERNING INSTITUTION OF SAID PROPOSED TAX
DISTRICT IN ORDER TO INCREASE POLICE PROTECTION -- SET
PUBLIC HEARING DURING JANUARY 12, 1995 COMMISSION MEETING,
AT 7:00 P.M., IN COCONUT GROVE CONVENTION CENTER IN --
DIRECT ADMINISTRATION TO NOTIFY ALL AREA RESIDENTS
CONCERNING SAID PUBLIC HEARING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Ten -thirty has now arrived. What is the... Start this out, please. Name and
address for the record.
Mr. Louis Wechsler: My name is Louis Wechsler. I reside at 3669 Royal Palm Avenue in
Coconut Grove. I've lived there for twenty years, and I'm the president of the South Grove
Homeowners' Association. Mr. Mayor, our organization is a nonprofit group incorporated in the
State of Florida, representing homeowners who volunteered to come and join our organization.
We are presenting today a proposal. Mr. Morales, who is the Chairman of this committee, has
worked with various Commissioners and the City Manager's Office. We're very pleased with
the staff professionalism and the way they've dealt with this problem. We're not here to bash
the City, and I want to make that very clear. We're here to accept the reality that crime is what it
is, and how do you deal with it. And what's happening all over America is the same issue, and
those of us who are paying taxes at whatever the millage might be, and whatever the cost of our
homes might be, feel that we're supporting the other parts of the community that can't afford to
have private off -duty police. We're putting a concentration of police in those areas. Like what
happened two days ago in downtown Miami, the sting operation at the Hyatt, I thought that was
a perfect example of the leadership of our Police Department. It's the areas where it's needed is
where police should be. Our crime has reduced dramatically since we've enforced, started, these
off -duty patrol programs. Our off -duty programs right now are six different volunteer programs.
Approximately twenty-five percent of the residents who are paying for this program, twenty-five
percent of the people who pay for this program represent... are giving coverage for a hundred
percent of the people. So I've asked Mr. Morales to come here today and speak on behalf of our
organization. And we'd also like an opportunity to answer any questions, if they come up,
regarding the program. Our purpose is to have a democratic process, and we're looking forward
to it. And we thank Commissioner De Yurre for allowing us the use of his office in sending out
this survey, which gave us a very good input as to the people's interest. Thank you, sir.
Mayor Clark: Thank you.
Commissioner Plummer: Can I just interject something, Lou?
Mayor Clark: Yes.
Mr. Wechsler: Yes, Commissioner.
Commissioner Plummer: My office has received, and I'm sure other offices, beaucoup calls, all
in opposition.
(APPLAUSE)
75 December 1, 1994
Commissioner Plummer: Whoa, whoa, whoa! Now, I want you to know that almost every one
of the calls were uniform in their complaint that they did not have the right to vote. OK? Now,
my office basically assured those people that the City, itself, would conduct a vote, and that's
normal procedure, and that it, at that particular time, they would have the right, and would be
guaranteed their right to speak to the issue. Many of the people that called, for example, did not
know that this City Commission has the authority to approve a taxing district. We don't.
Whatever we do here has to be approved by the County. So what I said to most of the people, or
gave my staff instructions to tell, that this, maybe, might be the first step. But it's a long way
from down the road.
Mr. Wechsler: J.L., Jimmy can address as far as the legalistics of it, but as far as the procedure,
the survey that was sent out, some of the people who I know are neighbors of mine, today, one of
them came up to me, Bobby Ingraham, and said, "Here's my card. I never mailed it in." I said,
"Well, you didn't exercise your vote." Unfortunately, as you know, in Mayoral and Commission
races, how many people really turn out to vote?
Commissioner Plummer: Twenty percent.
Mr. Wechsler: Twenty percent. So if we got twenty-five to thirty - we got a thirty percent
return, and we'll give you the numbers - who actually took the time to fill out that card.
Commissioner Plummer: Let me tell you how you eliminate that problem. When the City sends
out their vote, you put a bottom line that says, "Silence gives consent." If you don't vote, it's the
same as agreeing to. Silence gives consent.
Mr. Wechsler: Thank you. I appreciate those remarks, sir.
Commissioner Plummer: That's the old Jack Rice theory, Mr. Mayor. Steve?
Mayor Clark: Yeah?
Commissioner Plummer: That's Puffy's old theory.
Mayor Clark: Yeah.
Mr. Wechsler: Jim Morales.
Mr. Jim Morales: Good morning, Mr. Mayor and Commissioners, ladies and gentlemen. My
name is Jimmy Morales. I live at 4361 Mayfair Drive, own that property and pay taxes on that
property. As Mr. Wechsler points out, I'm coordinating the effort to try to institute a special
neighborhood improvement district in the South Grove. We've had an opportunity, as you all
know, to meet with each of you separately, and we thank you for that, and we thank you for the
opportunity to speak here before you. Commissioner Plummer, I appreciate the comments you
made, because it is important to understand that what we are here today seeking to do is not
asking you...
Commissioner Plummer: Time out. When I'm wrong, I'm the first to admit it. I am informed
by the City Attorney that I am wrong, that we do have the right, as the City, to approve. It was
always my understanding that taxing districts had to be approved by the County.
Mayor Clark: I thought so, too.
Commissioner Plummer: But the City Attorney is telling me that I am incorrect, and that under a
neighborhood...
76 December 1, 1994
Ms. Linda Kearson (Assistant City Attorney): What we're proposing here is to create a special
neighborhood improvement district.
Commissioner Plummer: OK.
Ms. Kearson: And pursuant to the State Statute, this body has the authority to do that. So...
Commissioner Plummer: I just... Mr. Mayor, I just wanted to clear the record, that I was
informed I was incorrect, and I wanted to make sure everybody was on the same wavelength.
Mayor Clark: But it still takes a long time.
Mr. Morales: Well, let me clarify. The City... All we're asking the City to do is adopt an
ordinance calling for a referendum. We're not here asking the City to impose a tax on the South
Grove. I, personally, Jimmy Morales, am not seeking to impose a tax on the South Grove by
fiat. All we want is a referendum put to the people of the South Grove with a simple question:
Do they want it or don't they? So what...
Vice Mayor Dawkins: South Grove, or the entire Grove?
Mr. Morales: This is just the South Grove. Unfortunately...
Vice Mayor Dawkins: OK. I need to know. That's all.
Mr. Morales: There's a map in the package that I think each Commissioner has been given.
There's also on the overhead there... it doesn't come out too clearly, but it is the South Grove,
not the entire Coconut Grove.
Vice Mayor Dawkins: OK. Well, Chief, whenever this is done... Mr. Mayor, please.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: Make sure that you... No, sit down, Chief. Make sure that the Police
Department explains to me that in the event a City of Miami policeman who is on duty twenty-
four hours a day, who's assigned to an off -duty slot in Coconut Grove, and a crime is committed,
does he run to the end of South Grove and stop because he's only being paid to operate over
here, or does he continue the chase or whatever? I need to have that cleared up for me.
Commissioner Plummer: Well, one of the things... You know, I think that... And by the way,
just for your edification, there was a meeting last night of the Bay Heights group who are
considering the same proposal as what you're talking about here. I think one of the major
problems that you better be confronted with, it's explained to me by the Chief, whether or not
this City, if you pass this issue, would have the adequate personnel to fulfill the requirements
that you're asking for of four full-time policemen twenty-four hours a day, seven days a week.
So I don't think... Chief, I don't want these people to be misled that if this is passed that they're
guaranteed that you will provide it. I want to say up front that you have a concern as to whether
or not the staffing is possible.
Chief Don Warshaw: Right, Commissioner Plummer, and I've made that clear, that because this
is voluntary off -duty work, and we have demands every day for off -duty work for special events
in the City, as well as for private citizens who want to hire an off -duty police officer. There will
come a point it will reach a saturation point where there are only so many voluntary police man-
hours available. And if that saturation point is exceeded, then we'll have to look and make a
77 December 1, 1994
decision as to where the priorities are, in the best interest of public safety. And that might not be
in a special taxing district. It could be, let's just hypothetically say, simultaneously, there was a
festival downtown, and there were a hundred thousand people there. We would have to opt to
place those police officers there where the masses of people were, and not be able to supply
those officers. Again, it's voluntary. It's not something that's within our control. This has
nothing to do with on -duty personnel.
Commissioner Plummer: Well, I think...
Mr. Morales: Commissioner, we...
Commissioner Plummer: Excuse me.
Mayor Clark: Please.
Mr. Morales: I'm sorry.
Commissioner Plummer: I think also, Chief, you better explain to them, so that they understand,
that they're not going to be only paying the twenty-nine dollars an hour, but there's an
administrative surcharge that they're going to have to pay. There's two. One for insurance and
vehicle, and one for uniforms and the other. So it's not just the twenty-nine dollars an hour, if
that's what's been quoted.
Chief Warshaw: And I think they've been made aware of the numbers.
Mr. Morales: Commissioner, if I might point out, this effort didn't start yesterday. We have, for
the past year, we have met, not only with each of you. We met with Police Chief Warshaw for
an hour and a half in his office. We met with the City Manager, also the City Attorney's Office.
We have walked through the numbers. The budget that we threw into your proposal reflects the
eighteen dollars an hour, per officer, which is the new rate imposed by the City. It reflects the
twenty-three dollar, per car, per day rate. This would include the surcharges.
Commissioner Plummer: That's what he says. I assume he's got...
Mr. Morales: So the budget incorporates those amounts. We've done our homework, I'm
honest to say. We've also met with Police Chief Warshaw and discussed that very issue of
would there be enough officers. We recognize that there are going to be days in the City of
Miami, like the Summit, like an Orange Bowl Parade, when we may have to supplement, and
instead of an off -duty officer, use Wackenhut, for example, like the Downtown Development
Authority uses, use the Florida Highway Patrol, like some off -duty patrol organizations use. But
I think, Police Chief Warshaw, the question we asked you at that time, and we felt comfortable
with was that on the average day in the City of Miami, there would be enough police officers
to... on an off -duty basis, for three to four officers in the South Grove.
Chief Warshaw: Yes, and that's correct. There are officers available now. I guess what I'm
saying is, in light of the fact that there might be other groups in the City who might piggyback on
this, we could reach a point where...
Mayor Clark: Saturation.
Chief Warshaw: ... we only have so many officers to go around, and the mere passing, you
know, of a special taxing district, does not necessarily mean that there will be unlimited officers
three hundred and sixty-five days a year.
78 December 1, 1994
U-)
Mr. Morales: If I might just respond to that... I'm sorry. It's just...
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: You said that you may use Wackenhut at certain times. Why not use
Wackenhut in total?
Mr. Morales: Well, the reason we want to use the City of Miami Police Department, number
one, the existing voluntary patrols use City of Miami police officers and have been very pleased
with the performance and the service they received. Number two, we believe that there's more
of a deterrent effect by having a City of Miami police officer parked on our street or driving
through our streets than a Wackenhut or other private security. Number three, we also know that
if a nine -eleven call comes in from the South Grove, it's going to come across their radio, when
it wouldn't come across the radio of a Wackenhut car. And finally, if there's a real emergency in
the South Grove, we know that an off -duty officer can get backup from on -duty officers. So
we've thought about it, and we recognize it's a more expensive alternative, but we think it's a
better alternative. Obviously...
Vice Mayor Dawkins: You saying it's more expensive to use the City of Miami Police than to
use the Wackenhut?
Mr. Morales: That's what we've been led to believe.
Vice Mayor Dawkins: By whom?
Mr. Morales: For example, we...
Vice Mayor Dawkins: OK. All right. Somebody provide me with a cost breakdown to show
that the... What the... What the cost effect is, and which is least expensive, and which is most
expensive, please.
Mr. Cesar Odio: Well, I think, from memory, that we paid twenty-one dollars an hour to a
Miami police officer. Is that correct, twenty-one dollars, somewhere in there?
Chief Warshaw: Yeah.
Mr. Odio: And that Wackenhut...
Commissioner Plummer: Well, plus the administrative surcharge.
Chief Warshaw: Right, and that's...
Mr. Odio: Yeah, sure. So... And Wackenhut is...
Chief Warshaw: But I don't know what Wackenhut is.
Vice Mayor Dawkins: Wackenhut is what, Mr. Manager?
Mr. Odio: I remember downtown, it was - what? - nine dollars an hour.
Commissioner Plummer: Our contract with them for two cars is three hundred and some
thousand a year.
Mr. Odio: It's almost half.
79 December 1, 1994
Vice Mayor Dawkins: Thank you. Thank you.
Commissioner Plummer: Yeah, but there's a lot of difference, you know, between Wackenhut...
Mayor Clark: Well, let me say this. We're not going to be here for ten hours arguing this
situation. You're going to have another ten minutes, and the opposition, I hope they have a
spokesperson. Jim, are you going to represent them? My former colleague, Commissioner
Redford, will represent the opposition. And we'll be finished with this at eleven -thirty, bingo.
We didn't bring you down here, you came on your own. So. Go ahead. You have another
fifteen minutes for your challenge.
Mr. Morales: Let me then restate what we're seeking. We're seeking an ordinance calling for a
referendum in the South Grove to create a special neighborhood improvement district, pursuant
to Florida Statute 163.511, and to authorize that district, pursuant to the referendum, to assess
each home, up to five hundred dollars per year, to hire off -duty City of Miami police officers.
The goal is to hire, like we said, three to four off -duty police officers on a twenty -four-hour
basis, seven days a week, fifty-two weeks a year. And as we mentioned before, this is within the
budget that we talked about, and within the funds that could be raised. We have... This is not
just a group of us who are here. We have conducted a survey through the assistance of Victor
De Yurre's office, and the NET (Neighborhood Enhancement Team) office in the Southwest
Grove. So for... in order for it to be a fair and impartial survey, so that no one could accuse us of
trying to rig things. And candidly, the response that has come in has been, in our opinion,
overwhelmingly in favor. We mailed out, through the Department of Public Works, close to
sixteen hundred letters to the sixteen hundred homes in this district. As of yesterday, I believe,
four hundred and forty cards has been returned. Of those, two hundred and fifty-nine voted in
favor of it, a hundred and twenty-five opposed, fifty-six undecided. So even if you lump the
noes and undecideds together, sixty percent of the people who have responded have responded
positively to this. To me, at a minimum, that means we should put it to the people in an official
referendum, because those people who cared enough to mail it in voted for it, and at least they
deserve the right to be heard in a referendum. I'm not saying impose a tax now. Let the people
of South Grove do so. Let me move on to, just real briefly, why I think we need this in the South
Grove, because I think it may address some of the issues raised. We're not saying the South
Grove has the worst crime problems in the City of Miami. On the contrary, the entire City of
Miami has crime problems, and the City of Miami has limited resources with which to deal with
those problems. Statistics show it's one of the poorest cities in the country, and yet, it has one of
the highest crime rates, particularly violent crime rates. Because of that, and because of the
allocation of police resources, we've talked to Police Chief Warshaw, we've talked to Major
Exposito in the south, who is in charge of the South Grove, as well as other areas. We've talked
to Officer Al Roberts. The fact is that South Grove does not get its allocation of resources.
People who live in the South Grove can tell you they rarely, if ever, see a City of Miami police
officer patrolling its streets. If a burglar alarm goes off in the South Grove, you're lucky if,
within an hour, you get a response to it. Traffic problems are bad in the South Grove, because
people run stop signs and speed, because there's no police car that they ever see to deter them
from doing so. And we recognize the City has limited resources. We're not here to say that we
want police officers drawn from other areas. We're not here to say we want City of Miami
money to hire more officers for us. We're just saying we recognize there's a problem with the
allocation of resources. We don't think this is sending the wrong message. We think the
message is, we want to work with the City of Miami Police. We want to put some of our own
money at the table to hire the police officers we think we need to address our needs. They may
not be as grievous as some of the needs in other parts of the City, but they are grievous to us who
live there, and we want them addressed, and that's why we're here today, thinking that there is a
need for this. Mr. Wechsler pointed out there are voluntary patrols that exist now. They have
made a difference. Police statistics that we have circulated to each of you, prepared by Officer
80 December 1, 1994
Al Roberts of the City of Miami Police, not by me, show that they've made a difference during
the the last two years. We've talked to Major Exposito, we've talked to Police Chief Warshaw,
and they're in agreement with that fact. These patrols have made a difference, because they've
put more police officers on the streets. They've got to make a difference. The problem with the
voluntary patrols is, number one, they're very expensive, about seventy-five to a hundred and
fifty dollars a month, because only a few people participate. They only provide thirty to forty
hours of service a week, so the criminals can figure out when they're not on duty; and if the
volunteers who put those together disappear, they disappear, as do their positive effects. All
we're asking is to create a district that spreads the cost, provides round the clock services, and
institutionalizes it so that the positive benefits of police patrols don't disappear. Finally, I just
want to, before pulling away from the issue, point out that there... address a couple of the
negative issues that have been raised. Number one, no one is in favor of more taxes. I'm not in
favor of more taxes, but I don't view this as a tax, as a general revenue tax that's going to get
spent who knows where. Every dollar that's going to come out of my pocket, and I'm one of the
taxpayers, is going to come back into the South Grove for police patrol. It's not going to be
spent elsewhere on God knows what. Number two, people who accuse us of being rich, white
people, who are trying to be exclusionary and elitist, candidly, my Puerto Rican father, who
retired as a custodian from the School Board, and my Cuban mother, who retired as a cafeteria
worker from the Dade County School Board, were very amused and shocked to find that I am
now a rich, white person.
Vice Mayor Dawkins: Explain that to the Republicans in Washington, who want all immigrants
sent back.
Mr. Morales: I... Candidly, I will definitely explain that to them. The truth is...
Commissioner Plummer: I thought there was only one Ferre in this town. Ha -ha-ha.
Mr. Morales: I'm half Puerto Rican. The truth...
Commissioner Plummer: That's what he claims.
Mr. Morales: The truth is that we are not looking to put up blockades, barriers, guard gates,
we're not looking to secede from the City of Miami. All we want is a few more police officers
on our streets. There's nothing elitist about it. There's nothing exclusionary about it. We just
want a little more protection for the tax dollars we pay. And so again, I ask each of you, please,
all we're asking for is a referendum in the South Grove to let the people decide. Thank you.
(APPLAUSE)
Mayor Clark: All right. Listen, now, please. We've got another... You've got another eight
minutes to go.
Mr. Morales: I'd like to save that for some rebuttal, if possible.
Mayor Clark: All right. OK. Now, Mr. Redford is going to... Commissioner Redford is going
to... Ms. Armbrister, if you want to... Are you in favor of this?
Ms. Esther Mae Armbrister: No, I... Excuse me. I didn't know a doggone thing about this until
this morning. I was called and told that...
Mayor Clark: Well, I'm learning myself, so learn with us, will you.
Ms. Armbrister: I'm trying to, but it doggone sure is hard.
81 December 1, 1994
Mayor Clark: All right. Well, let's...
Ms. Armbrister: I never heard of no mess like this until this morning.
Mayor Clark: All right. Well, relax for a minute. Let Mr. Redford have the mike, and thank
you, Ms. Armbrister.
Mr. James F. Redford, Jr.: Yes. My name is Redford, initials "J.F." I live at 3975 Little
Avenue, South Grove. I'm a... been a resident there since 1960. Now, one of the problems I'm
having initially with this whole proposal is that I don't have it. I have no copy of it, other than
what appeared in The Herald. I don't know where the boundaries are. Someone gave this to me.
Does it include the new houses at St. Oaks Village? I don't know. Does it include all the sixty -
foot lots that border along Merrie Christmas Park and those little side streets? Are they going to
get hit with four hundred and some odd dollars taxes? And me, who has a half acre, am I going
to pay the same? And where is the ad valorem concept of taxes, which was initiated for the rich,
where the rich pay more and the poor pay less? The problem also... There's so many problems
on this thing, without even going into the value of the proposal itself. One is, Ye Little Wood,
which is my subdivision, all private streets, totally private streets maintained by us, with a gate
in front that we have put in, in recent years, and all the people in there have paid for, with no
help from the City, and where they shouldn't get help. The City shouldn't give us help. We
wanted it to help to cut the crime down. It's worked. The gate hasn't worked so well, but when
it works, it keeps... it helps us a lot. Now, we have crime in our area, sure. We've had people
followed home from the Publix, and held up in their driveway. But I don't think a police officer,
four of them, if there's going to be four on every shift, and I'm not even sure of that... This is all
through the South Grove. Here again, I don't know the boundaries. I understand that some areas
already have been exempted because they are private. We're private. There's a number of
private areas. The Moorings is private, and so forth. I myself, don't see how we can proceed.
We haven't got the information. Four hundred and some odd dollars a year, for the people who
live on the smaller lots, or in the black Grove... Now, is the black Grove not going to be
included? I don't know that. The thing is, the problem also is, you're going to have the wealthy,
who can afford it, and if the Police Office, the Chief of Police needs more help, he's going to
grab the officers that are already assigned to the Grove, not the four that are hired by us, he's
going to grab them, and he should. He needs them when he needs them. As you know, Mr.
Mayor, from the time in the County we have spent together, we're at our millage peak. We
cannot go much more on personnel. All over the country, in every major city - I've been a
reporter in Chicago, I was brought up around Boston - those cities, the crime has risen
tremendously. It's a national problem. It's just not a problem of the South Grove, where we're
going to take all the wealthy people. One of the problems you run into, when they did this in
Chicago, is you start running into racial problems. It gets to a point after a while that you have
these areas that are closely patrolled, and some of them were in Chicago, and the first black face
that appears upon those streets at night gets, as they used to delicately say in Chicago, sneezed.
They did it one night to an author whom I happen to know, and some of you may have hear of
him. Willard Motley, who was a very distinguished officer from one of the universities in
Chicago, they got him because he was a black man walking on a white street. This presents
nothing but problems, just nothing but problems. And believe me, crime is not something about
putting in more police. I remember when I was on the Commission with the Mayor here, we
were ordered by the Court to build a jail. The Court, after a long siege, said, "You've got to
build a jail." That was the Federal Court. And we built it, and in three months, it was
chockablock, absolutely chockablock. This is a problem. It's a national problem, it's a social
problem, it has a lot more things, and four officers in the South Grove is not going to do it. We
need to know more about it, but on the face of it, I don't see where, one, it's a solution; and two,
for that kind of money, for all the people who may be in the district - I don't know what the
boundaries are - it's going to be too much to have to pay. If you increase somebody's taxes by
82 December 1, 1994
four hundred and fifty dollars a year, that could be considerable, if you're living in a house built
in the 1930s, with the old glass jalousies, on somewhere along Merrie Christmas Park, on a
sixty -foot lot. That is one devil of a lot of money. I don't want to go raving on about this, but I
would say that we, in our subdivision, as a private subdivision, we have taken our positions on
trying to stop crime, so have the Moorings, so have other places in the South Grove. It's helped
some, and we don't want to have to pay, because, you know, who's going to get into us? We'll
have the gates closed. Thank you.
(APPLAUSE)
Mr. Edward McElroy: Yeah. Mr. Mayor.
Mayor Clark: You've got about... I tell you what, you've got until ten... about fifteen minutes
after eleven, and then we'll make a decision here. Go ahead, whoever wants to speak.
Mr. McElroy: Mr. Mayor...
Mayor Clark: The lady back here has been waving around like she has apoplexy. Let her speak,
will you? Come on up here. Every time I...
Mr. McElroy: We've got people on this side, too.
Mayor Clark: I don't want her to have a heart attack or something.
Mr. McElroy: Mr. Mayor.
Mayor Clark: All right.
Mr. McElroy: If you can do one at a time.
Ms. Armbrister: Stand in line.
Mayor Clark: Well, let this lady... One at a time. Now, don't take too much time. Let
somebody else speak. Yes, ma'am, Ms. Armbrister.
Ms. Armbrister: My name is Esther Mae Armbrister. I live at 3350 Charles Avenue. I have
been living there for the past forty-eight years. I was called and told - I am talking. Would you
please lower your voice? Thank you - 1 was told this morning, I was called and told that this
thing was coming up, this article or whatever you want to call it. I was also told that I and some
of the other blacks were in the survey. I never heard of a survey. And this man tells me that
we're going to have to pay at least five hundred dollars a year extra in taxes to support their
whim and their wishes. Now, uh-uh, that's not going to work.
Mayor Clark: OK.
Ms. Armbrister: That's not going to... So they need to start all over and go back to their cocktail
parties and try to think of something else to do, because it's not going to work.
(APPLAUSE)
Mayor Clark: Thank you, Ms. Armbrister. Yes, sir. Wait, wait. This gentleman right here.
Mr. McElroy: Yeah. Ed McElroy. I live at 3586 Avocado Avenue. About four weeks ago, I
was in the printing office, and I saw these forms being printed up, and as I was leaving, I ran into
83 December 1, 1994
Lou Wechsler, who's one of the advocates of this, and I... He said, "I hope I can count on your
support." And I said, "Well, actually, you can't. And most of the people that I've talked to on
my street and on Loquat, the next street, are not in favor of it." And he said, "Fine, we just won't
include you in it." My feeling on this is that a small group of people... They're talking about
two hundred and fifty people have voted yes for this. They also mention in their letter that two
hundred and fifty people in the South Grove pay for a private police patrol. That's all they can
get to pay. Those same two hundred and fifty people want to extend the boundaries of their
private police patrol to include all of the South Grove and bring the cost down to them. I don't
know what your feelings are going to be, or if you're going to hold a straw ballot on this issue to
be sent to the residents of the South Grove. Whatever the boundaries are, my feeling is that
block by block, street by street, area by area, we should have the decision. First, we should be
able to let you know whether we want to be included in this district, and then you can decide the
boundaries of the district. The boundaries of this district have been arbitrarily decided by a
select few to get all of us in, to bring the cost down to four hundred dollars. If they go street by
street and ask the people, "Do you want to be in it?" they're going to find themselves with a
narrow band that looks like one of the legislative districts out of Congress of the people that
want to be in it, and they're going to find that if they're the only people that want to be in it,
they're going to have to pay three thousand dollars a year per household, not five hundred.
(APPLAUSE)
Mayor Clark: All right. Thank you. Thank you, sir.
Mr. McElroy: Please, I hope you take that into consideration. If you ask us do we want to be a
part of it, a lot of our blocks don't. Thank you.
(APPLAUSE)
Mayor Clark: Thank you. Yes, sir. Thank you.
Mr. Marshall Litvak: My name is Marshall Litvak. I live at 65 Prospect Drive, Coral Gables.
However, the fact... last thirty-seven and a half feet of my lot are in the City of Miami, and I
have been paying taxes in the City of Miami since 1960. I don't get garbage service, police
service, or other services, but I pay the taxes. Now, I receive a notification that my neighbors
and 1, who have the same problem, because our address is Coral Gables, will be assessed five
hundred dollars to fund police protection for which we cannot receive a benefit. Mayor Clark,
Mayor Dawkins - Vice Mayor Dawkins - both ask as to the cost of supplying the officers. They
want to purchase services that cost twice as what can be covered elsewhere, but that's no big
problem if you put the revenues against everyone, regardless of what their status is, in an area
covered by the bay, down Prospect Drive to LeJeune, up to the Water Department, and across to
the bay at Devon. That's including a lot of people who don't need, don't want, and can't afford
this service. But they're going to be paying for the people who now pay a lot more money, who
will now be paying a lot less money. They said it was a vote. The card... The letter and the card
they sent out said, "Express your opinion." It didn't say "vote." And then they say, those that
will be asked to vote on it will be the registered voters of South Grove. I'm not a registered
voter of South Grove. I'm a registered voter of Coral Gables. But I will be assessed, regardless
of whether I can vote on it or not. Thank you.
Mayor Clark: Very good. That doesn't seem fair at all. Yes, sir. Thank you.
Mr. Tucker Gibbs: My name is Tucker Gibbs. I have offices at 2665 South Bayshore Drive. I
live in the North Grove. 1 lived in the South Grove for forty years, my entire life, up until a year
ago just about today. And I've got some concerns about this, and I want to address them, and I
want to address an issue that nobody has looked at, and that's the Safe Neighborhoods Act, and
84 December 1, 1994
what it means, and what you all will be doing by endorsing this proposal today without looking
at it further.
Mayor Clark: No one says we're going to endorse anything.
Mr. Gibbs: I understand that. I understand that. And what I'm saying is that before you do,
think about the following.
Mayor Clark: We always weigh everything.
Mr. Gibbs: The fact is, the safe neighborhoods program is focused on crime prevention through
environmental design. It allows for contracting for police officers, but it focuses on
environmental design and planning aspects of crime control. It does not focus on funding police
patrols. In addition, if you look at the statute, the statute provides that when you authorize the
creation of this district, you will also authorize automatically that the board of directors that you
all appoint will have the authority to raise ad valorem taxes up to two mills. They will have that
authority once you give them the district. In addition, they're talking not about the ad valorem
tax, they're talking about special assessments. The special assessment provision is the five
hundred dollars a year provision which has to be approved, not by the referendum that creates
the district. It's got to be approved by a separate referendum. That's something that has not
been brought up. Proponents contend while they will only use the special assessment, they still
have the authority to raise taxes two mills, and that's two mills, in addition to the property taxes
people pay for the City, for schools, for the County, and for the Water District. The district
board of three people that would administer these funds would be made up of only these three
people. They will be able to spend money to hire a staff, as well as planners, attorneys, a
manager. The district is subject to the truth in millage law, which deals... which means you're...
they're going to have to have some budgetary assistance, and they're going to have to pay for it.
The district, before it can hire additional police officers, have to create a Safe Neighborhood
Improvement Plan. That plan has to be put together by a planner, and they have to pay for it. It
used to be the State of Florida would grant money to the Safe Neighborhood Trust Fund. That
trust fund hasn't been funded for several years now. The State also... The plan also may require
other than additional police officers. This plan can pay for public works improvements, can pay
for tree trimming, more lighting. It is not supposed to pay exclusively for police officers. That...
And I'm not going to go into the issue that former Commissioner Redford brought into... He
spoke about that rather eloquently. But if we're going to talk about putting a tax district for
more police officers, and I can tell you, we need that in Coconut Grove, and we need it in the
City of Miami, let's do it for the whole Grove. Let's help everybody. Let's just not take one
part of the community and help it, allow it to help itself because it can afford it. We need to look
at the entire community, those who have the money and those who don't. Thank you.
(APPLAUSE)
Mayor Clark: Thank you, sir. Yes, ma'am. Your name and address.
Ms. Susan Billig: My name is Susan Billig, 3595 Avocado Avenue. My family has lived in
Coconut Grove for close to thirty years. I am neither a politician or a public speaker, so you're
going to have to bear with me if I get a little emotional. We have to understand one thing, and a
number of people here have claimed they're not, but this is a total elitist issue. We are not
including West Grove in any of this. They have as much crime as we have. There's black
against black, the same was as there's black against white and white against white. The same
people who want to tax us five hundred dollars a year are the same people who wanted to wall
our community in, and we didn't want that. This isn't why we all moved to Coconut Grove. We
moved to Coconut Grove because we love it, because it's relaxed, and we could do whatever we
want. The whole issue is that the South Grove is now paying taxes that are way too high,
85 December 1, 1994
anyway, and the kind of representation that we should be provided with freely, we are not
getting. As we know, crime is rampant in the Grove, but it's rampant all over the City. I'm
pretty much saying, you know, again, what Tucker said. But we're being held up, literally, by
the powers that be in Coconut Grove now, the realtors and the property owners, who can afford
this. We can't. A lot of us live on fixed income, on Social Security, we live in little 1930
shacks. Because these fake Spanish houses are going up all over our area, our taxes have gone
up considerably. Please, Mayor, listen to me. I have lost more, probably, than everybody in
Coconut...
Mayor Clark: You mean I can't hear you?
Ms. Billig: No, no, I don't know. I just want you to pay attention.
Mayor Clark: Well, I'm paying attention.
Ms. Billig: OK. If I wanted to get emotional, I could say to you that I'm the one in Coconut
Grove who's lost more than any of you have. I lost a child that was abducted in 1974. If you
had twelve policemen in South Grove, it wouldn't have stopped that incident from happening.
We have to address all of Miami, all of the Grove. This cannot be an elitist issue where just one
section is pulled out and says, "Hey, we're South Grove. We need more protection than anybody
else." I would... Without being able to afford it, I would give five hundred dollars to helping
West Grove, to helping Coconut Grove Elementary, more than doing what these people are
proposing to do, and I think that that's the way that we should be going. We cannot wall
ourselves in by cops, we cannot wall ourselves in by fences. We are part of the City of Miami,
and that's what we have to stay.
(APPLAUSE)
Mayor Clark: Thank you, ma'am. Yes, sir.
Mr. Dan Ricker: Mine will be quick. Dan Ricker, 3696 Bay View Road. I just want to know
that if we agree to or you all decide to move in this direction, does that mean that we'll get some
kind of credit on our property taxes that exist today, since we are no longer having to fund
directly, you know, the police?
Commissioner Plummer: It's a simple answer. No.
Mr. Ricker: Of course not.
Commissioner Plummer: It's a simple answer. No.
Mr. Ricker: So just as we did with the rentals when we first put them out, you pulled off the
regular police. And so my question is, aren't we just starting a whole cycle here?
Mayor Clark: OK. Thank you for your comments. Yes, sir.
Mr. Kim Porter: I'm Kim Porter, 4265 Berganza. I have two issues. I went and found out that
the police mark off South Grove in five different areas. And of those five areas, sixty percent of
the crimes are in two of those areas. The area I live, which is in the southernmost side, which is
around Merrie Christmas Park, is only eight percent of the crimes of the last nine months. And
yet, I'm being asked to supplement something that is further north or further west, and I'm not
sure that that's fair. So therefore, from my perspective, since this boundary was set up by a
committee, I was wondering that if the boundary is going to be set up for a vote in the future,
that maybe we take each section, those five sections, and honestly find out from the five sections
86 December 1, 1994
whether they want to be a part of that boundary. It could very well be that people above Hardy
or west of Ingraham, or whatever, might want to be a part of it, and another group does not. And
instead of us being collectively brought together, I firmly believe in the vote. I support the fact
that the privilege to have the vote is there. I don't know that you have the majority, just by
saying four hundred and fifty people have straw -voted and given you, because they've been
organized. This group is here today purely because of an article in the paper and a few phone
calls. And I have a feeling if we got organized, we would certainly out -vote that other group.
But I'm not sure I have the privilege or that I want the privilege to out -vote somebody that may
want it in another area. And if we could sectionize it, I think that would be better, because this is
inclusive of the whole South Grove, and there's a great possibility that all of the whole South
Grove doesn't want it, and only eight percent of the crimes were in the area I was in.
Mayor Clark: Thank you. Thank you, sir.
(APPLAUSE)
Mayor Clark: Yes, ma'am.
Ms. Virginia Jackson: My name is...
Mayor Clark: This lady was so anxious to get up here. Now...
Unidentified Speaker: Well, I've never spoken before and I'm afraid...
Mayor Clark: OK.
Ms. Jackson: Well, I'm afraid I may, too, but I do have something to say.
Mayor Clark: Go ahead.
Ms. Jackson: My name is Virginia Jackson. I'm a member of the board of the Homeowners'
Association of Ye Little Wood, of which Jim Redford is our president. We are also incorporated
by the State of Florida and have been in existence since 1942 as a homeowners' association. We
have addressed our own problem of crime, and we feel that we are paying very high taxes.
Mine, for example, went up twenty-nine percent this past year, and I resent getting something in
the mail two weeks ago that looked like junk mail, and many of our neighbors say that they
thought it was, and threw it out, and having then reading in the newspaper on Tuesday about this.
If we hadn't gotten on the stick and started calling the Mayor's office, we wouldn't have had a
time of this agenda, and the time is ten -thirty, when most of the people who could come can't,
because they're working. So we are definitely, as a homeowners' association who addressed our
own problem, against this, and if there's any further talk or hearings on it, we'd like to request
that they be held after five in the evening. Thank you.
Mayor Clark: Thank you.
(APPLAUSE)
Ms. Julie Kemper: Julie Kemper, 3820 Crawford Avenue. Virginia just addressed a few things.
I don't even know her, and she said the same thing. This is a copy. This is the envelope. It
doesn't say anything about a ballot being inside. It looks like... It says, something I never heard
of, the Neighborhood Association. Most of us, when we get mail from an organization we don't
belong to or don't want to, we just pitch it. And I know at least twenty-five to thirty people who
just threw this away, and they did not respond. You are short one thousand, two hundred votes,
because the people didn't know to vote. So I consider they had no right to vote. Also, it's now
87 December 1, 1994
voluntary. Anybody who wants to pay for this and who wants to have a policeman can have it.
The rest of us are not going to them and saying, "We want to take money out of your pocket," or
"We don't think you have a right to have a policeman, you can do whatever you want." But
now, they're trying to impose all of this on the rest of us. And the two hundred and forty-five
votes that voted yes, after the rest of us that knew nothing about it... They had a meeting, two or
three meetings on this, and I understand they were told, "Get your cards in right away." There's
no mention of a time limit in here at all.
Mayor Clark: All right.
Ms. Kemper: And...
Mayor Clark: Thank you... Go ahead.
Ms. Kemper: Oh, all right.
Mayor Clark: Go ahead.
Ms. Kemper: Anyway, why can't we have it voluntary, like it is? You can call Mr. Wechsler
any night you want and sign up for the police. He'll be glad to let you join.
(APPLAUSE)
Mayor Clark: Thank you. Ladies, you have three minutes left on your time, and then that's...
Ms. Edna Reid: I'm Edna Reid. I live at 3656 Douglas Road. I've lived there for thirty-two
years. It's very difficult to accept the assessment for property taxes from the City, but that's a
reality, and I accept that. However, I don't like a small group of homeowners deciding for other
homeowners that we will pay additional taxes. If they want the police patrol, let them pay it.
But to ask us to do that is ridiculous. I wondered about the new residents that move into St.
Hugh Oak Village. I've also heard a rumor that certain streets and areas that are included in the
proposal have been told or led to believe that they will not be assessed. Just a rumor, but who
knows.
Mayor Clark: All right. Thank you.
(APPLAUSE)
Mayor Clark: Yes, ma'am.
Ms. Dolores Alderisio: I'm Dolores Alderisio. I live at 3803 Loquat Avenue in the Grove, and
I'm absolutely opposed to this tax increase. I purchased my home six months ago at a price of
seventy-eight thousand dollars. My taxes are thirty-three hundred dollars a year. I find it
absolutely unconscionable that with those kind of taxes that I pay that this City and this County
cannot provide proper services to the residents. Thank you.
Mayor Clark: Thank you.
(APPLAUSE)
Ms. Sheila Wallace Beebe: My name is Sheila Wallace Beebe. I own a house at 3567 Avocado
Avenue. I'm a realtor and I read plat maps for a living. I would like to address the question that
the gentleman in Ye Little Wood asked, "What are the boundaries here?" The boundaries say
LeJeune and Prospect. They very interestingly don't say anything about these two boundaries,
88 December 1, 1994
f
but I can tell you, since realtors are not allowed to talk about race, creed, color or national origin,
that this does not appear to include the West Grove, where people don't quite look exactly like
myself. I would also like to say that I spoke with a friend of mine who I very highly regard, who
lives in North Grove, this morning. He said, "Oh, boy, I'm all for this, because as soon as you
guys in South Grove get your private police patrols, all the policemen will come to North Grove,
and we won't have to worry about it." And I said, "But, you know, this kind of thing is going to
happen up there, too." And he said, "Oh, no, it can't. There are too many poor people up there."
I'd just like to leave you all with one thought. Vince Lombardi used to start each and every
football season by saying, "This is a football." I'd like to leave you all with the thought, "This is
a democracy."
(APPLAUSE)
Mayor Clark: Thank you.
Ms. Debra Schottenstein: Excuse me.
Mayor Clark: No. That's all.
Ms. Schottenstein: Could I have the floor?
Mayor Clark: Time is up. Time is up.
Ms. Schottenstein: Well, we've had a very steady stream of people, opponents...
Mayor Clark: You've had a steady... Yes, you go ahead, and, sir, you go ahead.
Ms. Schottenstein: Thank you. Thank you.
Mayor Clark: One minute apiece, all right?
Ms. Schottenstein: Thank you very much. My name is Debra E. Schottenstein. I live at 3851
Stewart Avenue, and I'm one of the organizers of this. I am also the area coordinator for
Douglas Bay Neighbors Association, one of the groups that, for two years, has hired off -duty
police officers to patrol our neighborhood. And might I say that a number, fully half of our
members are retired people who are living on a fixed income, who have reached into their
pockets to the tune of eighty dollars a month in order for us to give them private patrols. And let
me say this, that those private patrols that wander around the neighborhood protect you, and you,
and you, even though you haven't paid, because it's very, very tough...
Mayor Clark: Sir... Madam, madam, you don't dictate to these people.
Ms. Schottenstein: No, no, no, I know I don't.
Mayor Clark: No. You address...
Ms. Schottenstein: I'm only pointing in general.
Mayor Clark: You address the Commission. You understand?
Ms. Schottenstein: I understand that. Excuse me. Let me say this. When our property taxes
went up, nobody complained. There wasn't anything they could say about it. But, let me tell
you something. Nobody came to collect my garbage three times a week instead of two. Nobody
came to cut my lawn. Nobody came to do anything for it. We are... We are saying that we are
89 December 1, 1994
going to impose a tax, if it is passed. It is a democracy. You aren't going to do anything; am I
right, sirs? You are only going to give us the opportunity to say yea or nay, ourselves, in a vote,
and that is the way a true democracy works. We are only asking for the opportunity to have that
vote, and when... If, in fact, it is passed, then every single dollar that is passed for this special
taxing district will go right back onto our streets so that the people who have voted for the tax
and the people who voted against the tax will see the benefit in reduced crime in their
neighborhood.
Mayor Clark: Thank you, ma'am.
Ms. Schottenstein: And one lady said - may I just say one other thing? - that we are the same
people who want to put walls up. If you will notice, sir, there isn't one word mentioned about
walls. We want to maintain the integrity of the Grove, exactly as it is. All we want to do is
reduce the crime because I and my black neighbor, who lives right next door to me, and cleans
lawns for a living, and needs this protection as much as I do, and the poor rabbi who lives over
there, and he works for a living, and needs the protection as much as I do, they are asking for it.
And all we are asking for is the right to vote.
Mayor Clark: Thank you, ma'am. You've made your point.
(APPLAUSE)
Mayor Clark: One minute on this side, and I think you've already used up half of your rebuttal
time with this lady. I didn't know she was on that side. Now, are you going to do the rebuttal?
You're going to have two minutes for rebuttal. This man is going to speak, and then you come,
you come to the final. All right, Morales?
Mr. Morales: That's fine.
Mayor Clark: OK. Sir, you go ahead.
Mr. Robert Ingram: Mr. Mayor and Commissioners, my name is Robert Ingram. I reside at
3526 Palmetto Avenue, in the Grove. I oppose this plan. I think that we are paying the price for
the rampant overdevelopment of Coconut Grove, and this is part of the problem. Last year,
when this private police protection went into force four lots away from my house, where Plaza
Street, the corner of Plaza, it intersects with Palmetto Avenue, the police officer sits down there,
my wife's car was stolen, the night of November, about the 12th or 14th, a year ago, with a Club
on the steering wheel. I don't think it's realistic. I don't think that throwing money at the
problem is the solution. I think that the problem could be solved by neighborhood crime watch
committees. Thank you.
Mayor Clark: Thank you, sir.
(APPLAUSE)
Commissioner Plummer: Anne Platt.
Mayor Clark: All right. Three minutes, and it's all over. OK?
Ms. Anne Platt: Yeah. Hi. My name is Anne Platt. I live in the South Grove, 4031 Ventura,
and I...
Commissioner Plummer: Pull the mike.
90 December 1, 1994
Ms. Platt: ... Anne Platt, 4031 Ventura. I sell real estate in the South Grove, North Grove, Coral
Gables, wherever, and I have for the last eighteen years. Frankly, I seldom take stands on issues,
because I don't like to alienate my customers. I didn't think there was a customer that wouldn't
agree that we ought to have more police protection in the City of Miami, anywhere. This is a
program I'm proud to be a part of. Jimmy Morales has done fantastic research. We aren't being
exclusionary. You can only work in a certain area at a time. He is more than happy to help the
next group that wants to do it. We can be a road map. We can have this work for the whole
City. I lose customers, because when they move to Miami from out of town, they've heard of
our crime. They say, "We had rather go to Coral Gables, where we see a policeman. We had
rather go to the County, where there isn't so much crime." That breaks my heart, and it hurts all
of our property values, and it hurts the City of Miami's tax base. So I am... I just can't believe
anybody could be against this. People want to build walls. This is fair to everybody. You put
up a wall here, it makes a cul-de-sac. It makes a busy street somewhere else. We don't want to
create that. We want it fair to everybody. At this point, I'm going to turn the program over to
Jimmy. I think he can sum it up excellently.
Mayor Clark: Well, you better... Somebody better take charge right quick.
Vice Mayor Dawkins: That's it. I mean, he... He had thirty minutes.
Mr. Morales: OK. I just want... Look, I just want to respond to a few points. I just want to
respond to a couple points.
Vice Mayor Dawkins: No, no, that was your rebuttal. That was your rebuttal.
Mayor Clark: Let him say, give his address, and that's it.
Mr. Morales: I just want to respond to a few points. Number one, of the two hundred and fifty
people who voted for this, in the survey, two thirds of those are not currently members of patrols.
Number two, we have met with Police Chief Warshaw. He has given us a commitment that if
we form this, we are not going to lose the police we have now. But I ask everybody here, Mr.
Mayor, if I may, how many police do you see in the South Grove now, anyway?
Mayor Clark: Thank you.
Mr. Morales: And when you look at current statistics, don't forget, you've got voluntary patrols
operating now, and they make a difference.
Mayor Clark: Thank you, sir. All right. One question.
Vice Mayor Dawkins: A statement.
Mayor Clark: Yes.
Vice Mayor Dawkins: Those individuals who said that people want to move to Coral Gables and
what have you, I wish you would research the Coral Gables police reports, and you will find that
the crime incident is just as high in Coral Gables as it is in the City of Miami. I've had people
call me who said that they have been followed from the airport to Coral Gables, and robbed in
their driveway, just as they do in the City of Miami.
Mayor Clark: All right. Now, we've had a very spirited session here now. Does any member of
the Commission wish to make a statement? Or if not, I'll just go to the next item. Mr. Plummer,
do you have any statements?
91 December 1, 1994
Commissioner De Yurre: Mr. Mayor, if I may.
Commissioner Plummer: Mr. De Yurre lives there, and I would expect to hear from him as to
what he thinks.
Commissioner De Yurre: Well, to begin with, many months ago, Jimmy came by - he lives a
few blocks from my home - with this item, with this idea. And certainly... And we spoke about
it at length, and particularly, my wife's vote on that... on the ballot she returned with a flat "no,"
because she got all bent out of shape with it. But I felt that it was important that a process,
which we have, to be put to the people. Get a feel for what the people want. And I thought that
by sending out that mailer that we would get a read as to what the people think in the area, what
they would like to see and what they would not like to see. And certainly, today, we see the
culmination of that process. We're hearing people voice their opinion as to whether they want to
be included, whether they don't want to be included, and I believe that this is a fair way of doing
things. I feel that, you know, I have lived in my home in Curtis Lane for six years now, and 1,
personally, have never had a problem with police, you know, or crime, or anything like that.
That does not say that my neighbor hasn't had it, just I've been lucky so far, in that respect. I am
in a position that I let this thing ride, and let it be as it is. I do not feel that when you have
seventy-five percent of the people that didn't respond that the result would be two to one in
favor, as we saw at this process. I feel, you know... But we need to recognize that this is a good
process. I think it's important that when people have an initiative, that you encourage initiative
in our community, and this is something that Jimmy and Lou, who have been very conscientious
about what happens in our community, have stepped forward and taken the time to go through
this process, and I think we need to commend them. I would not make... I, personally, am not in
favor of making a motion at this time, Mr. Mayor. I think a lot of things need to be addressed
that have been brought up here today, and I don't think it would be appropriate at this time.
Mayor Clark: Mr. Dawkins, do you have any comment?
Vice Mayor Dawkins: No comment at all, Mr. Mayor.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Please, ma'am, please, ma'am.
Commissioner Plummer: Well, excuse me. To answer the question, if I may, I think it would be
fifty percent...
Mayor Clark: J.L., we don't respond to questions like that. This is out of order. If you wanted
to address it, you should have. You have any comment, Mr....
Commissioner Gort: Mr. Mayor, as I stated before, I've seen a lot of places in downtown Miami
where the Downtown Development Authority utilizes tax to bring the rapid transit as a matching
fund, but at the same time, I think all of the property owners got to vote on this thing. I think
they got to get together and vote on it. And this is a democracy.
Mayor Clark: Please, wait, please.
Commissioner Gort: I mean, people have to vote.
Mayor Clark: Mr. Plummer.
Commissioner Plummer: Mr. Mayor, you know, I've always taken an attitude, in the years that
I've been here, let the people speak and abide by what the people want. You know, that's a
92 December 1, 1994
typical, political answer, I guess. But 1 think at this particular point, to be fair - and I think
Victor hit it right on the head - I think that we need to call a public hearing in January, if that's
the case, at six o'clock or seven o'clock in the evening, to give everybody the right to have their
opportunity to speak.
Mayor Clark: Not in this room. At the Convention Center.
Commissioner Plummer: Well, if that be the case, sir, if it takes...
Mayor Clark: That's what we'll do.
Commissioner Plummer: If that's what it takes to get the true feeling of the people, then I think
we ought to go to the Convention Center.
Mayor Clark: That's what we'll do.
Commissioner Plummer: But I just think that...
(APPLAUSE)
Commissioner Plummer: I'm not prepared to vote to go to a ballot today, because I heard some
things here today that, if Tucker is correct, I don't think anybody has taken into consideration,
because I haven't seen or heard any of it prior to today. So that would have to be through my
City Attorney telling me, and you people, exactly what Tucker said is correct or not, or modified.
So I would hope, Mr. Mayor, and I would make a motion that if it is humanly possible, that we
schedule this item on January the 12th, at seven o'clock in the evening. Now, that's just a
motion. And that every homeowner be notified by the City. OK?
Mayor Clark: In the City.
Commissioner Plummer: No, no, no. Well, in this district, the ones that are going to be...
Ms. Linda Kearson (Assistant City Attorney): The proposed district, right, Commissioner?
Commissioner Plummer: The ones that are going to be affected.
Ms. Kearson: In the proposed district?
Commissioner Plummer: In the proposed district.
Ms. Kearson: All right.
Commissioner Plummer: The property owners. I think... Excuse me?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: Well, that's the proposed... We have a map before us. OK? Now,
whether or not that's...
Mayor Clark: Please, please, ma'am, please.
Commissioner Plummer: I will give to the City Attorney the map that's in here. Now, that
would be the district, the boundaries. I just think that we should have that hearing where we find
out from the people... Here again, if fifty percent of the people come here that night and say,
93 December 1, 1994
"We want a referendum," I'm going to vote for it, because they've had their right to speak, and
they've had their day in court.
Mayor Clark: So you better show up.
Commissioner Plummer: I'm just saying, Mr. Mayor, I would make a motion, if it's in order, or,
Victor, you want to?
Commissioner De Yurre: Go right ahead. You're doing fine.
Commissioner Plummer: That on January the 12th at 7 p.m., in the evening, that we hold a
public hearing. The City will take it upon itself to notify everybody in the district to be here and
to speak. We encourage, please, we encourage spokesmen for any homeowners association to
speak in behalf of that association. We don't want to make this, or I am not trying to make this...
Mayor Clark: This is not going to be a five -hour meeting, I can assure you of that.
Commissioner Plummer: That's right. And I would say, Mr. Mayor, in all fairness, that each
side should have thirty minutes to speak, and that will tell them in advance that you'd better get
your thoughts together, and we ask they not be repetitious, Mr. Mayor. I so move.
Ms. Kearson: Mr. Commissioner, where do you propose to have this meeting?
Commissioner Plummer: Here...
Mayor Clark: The Convention Center. You can't get all...
Ms. Kearson: You're talking about sixteen hundred potential persons attending a public hearing.
Mayor Clark: That's what I said.
Commissioner Plummer: I will leave that up to the Administration. If that's what you feel is
necessary, the Convention Center, so be it.
Mayor Clark: What's the matter? Mr. Manager, can you accommodate it there?
Mr. Odio: I need to check and see if we haven't rented the place.
Commissioner Plummer: He's got to see if it's available.
Commissioner Gort: How about the Hyatt?
Commissioner Plummer: No. Hyatt is a problem for parking and availability.
Mr. Odio: I need to find out if the place is not rented first.
Commissioner Plummer: Assuming that it's not.
Mr. Odio: Well...
Commissioner Plummer: Can you let us know before they leave?
Mr. Odio: We're finding out right now.
94 December 1, 1994
Commissioner Plummer: Yeah, well, that's important.
Commissioner Gort: Mr. Mayor, second the motion. I find that many of the times when we
have done this, the people have gotten a chance to get together, and that, as you can see, your
proponents, there's a lot of people here not aware of the plan, of the whole thing. This will give
an opportunity to all of you to come together, and you'll be surprised. Many times when you get
together, you come up with some very good ideas. At least it's been initiated, and I think you
should get together and work on it.
Mayor Clark: Well, it's going to come down to that. Mr. Clerk, call the roll.
The following motion was introduced by Commissioner Plummer, who moved its adoption:
MOTION NO.94-889
A MOTION INSTRUCTING THE CITY MANAGER TO SCHEDULE A PUBLIC
HEARING ON JANUARY 12, 1995, BEGINNING AT 7:00 P.M., AT THE
COCONUT GROVE CONVENTION CENTER, IN CONNECTION WITH THE
PROPOSED SPECIAL RESIDENTIAL NEIGHBORHOOD IMPROVEMENT
DISTRICT, FOR THE RESIDENTS OF THE SOUTH COCONUT GROVE AREA IN
CONNECTION WITH A PROPOSED REFERENDUM TO BE HELD IN ORDER TO
IMPLEMENT A SPECIAL RESIDENTIAL NEIGHBORHOOD IMPROVEMENT
DISTRICT FOR THE PURPOSE OF INCREASING POLICE PROTECTION IN SAID
AREA; FURTHER INSTRUCTING THE MANAGER TO NOTIFY EACH
HOMEOWNER / RESIDENT WITHIN THE BOUNDARIES OF THE PROPOSED
DISTRICT IN CONNECTION WITH SAID PUBLIC HEARING.
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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Well, Mr. Mayor, assuming that the date is available, I vote yes.
Commissioner De Yurre: If I may ask, Mr. Mayor, are we talking about... Does this motion
include sending a mailing?
Commissioner Plummer: Yes.
Commissioner De Yurre: Would it be prudent to put, again, a ballot in there, so that people can
drop it off the day of the vote?
Commissioner Plummer: No, no.
95 December 1, 1994
W.
Mayor Clark: No, no.
Commissioner Plummer: No.
Mayor Clark: Be there at the meeting. That's what we want to see. We want to see bodies and
souls there.
Vice Mayor Plummer: That's it. I want live people.
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner Plummer: Please, nobody leave until we have an answer as to whether that date
is available, because we might have to change that date, so don't leave until we have a yes or no.
Mayor Clark: We got a few other items, so just relax.
NOTE FOR THE RECORD: At this point, this discussion is
temporarily t led pending verification by the Administration that
the suggested date is available for said hearing at the Coconut
Grove Convention Center. See label 35.1.
----------------------------------------------------------------------------------------------------------------
34. GRANT REQUEST BY METRO-DADE COUNTY TO WAIVE CITY FEES
($13,793) CONCERNING THE OPENING CEREMONY OF THE 9TH
STREET MALL (DECEMBER 11, 1994) -- URGE METRO-DADE
COMMISSION TO PROVIDE, AT NO COST TO THE CITY, BUS SERVICE
FOR CITY POLICE DEPARTMENT DURING THE SUMMIT OF THE
AMERICAS.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Leila Jackson, from Commissioner Teele's Office. This is concerning the...
Well, you state it, the Ninth Street Mall? Yes, ma'am?
Ms. Leila Jackson: Yes, sir.
Commissioner Plummer: Is it... Do we have anything on this? What...
Mayor Clark: This is concerning the opening of the Ninth Street Mall. Ma'am, please speak.
Ms. Jackson: Yes. Leila Jackson, Commissioner Teele's office, 111 Northwest 1st Street. I
have a letter here that was... should have been faxed to all of the Commissioners last night. It
was faxed to Mayor Clark. I don't know if the other Commissioners received their copies.
Commissioner Plummer: I have no idea what you're talking about.
Mayor Clark: Did you receive it, J.L.?
Commissioner Plummer: No, sir.
96 December 1, 1994
Mayor Clark: Everybody else did. Was your office open yesterday?
Commissioner Plummer: Yes, sir.
Mayor Clark: This is concerning an expenditure of thirteen thousand, seven hundred and ninety-
three, Mr. Manager. Solid Waste, Public Works, Fire Department and Police Department. Can
we accommodate that?
Mr. Cesar Odio (City Manager): I have no problem with it. It's... What are we talking about,
the permits? Are these for the permits?
Mayor Clark: Yes, for permits and cleanup.
Mr. Odio: Because we're providing police protection.
Mayor Clark: Sir?
Mr. Odio: We are providing police officers on duty.
Commissioner Plummer: That's in here, eighty-eight hundred dollars.
Ms. Jackson: Mr. Manager, I'd also like to mention, I saw the budget from the Police Office...
Police Department here. Our Transit Department is also going to provide between twenty-five
and thirty police officers on the site, because the mall is a transit project, so we will have police
officers on site from our Transit Department, as well.
Mr. Odio: It's City limits.
Vice Mayor Dawkins: OK. That's what I'm saying. The transit police will work under the
direction of Chief Warshaw and at his direction.
Mr. Odio: It's got to be that way.
Vice Mayor Dawkins: OK. Thank you, Mr. Manager.
Mr. Odio: It's got to be that way. This is City limits. You would have to coordinate. If you're
going to have any police officers outside of our jurisdiction, you work with the Police Chief.
Commissioner Plummer: I have one question.
Mayor Clark: Yes.
Commissioner Plummer: And I'm going to be selfish. OK? You're here asking me to waive
fees for a County function. OK? Will you, likewise, waive the fees that you're charging us to
provide Metro Transit buses, to bring my policemen to the Summit events? I... For the life of
me, Mr. Manager, that one really chills me out, where we have to pay Metropolitan Dade County
for their buses to take our policemen to their Summit. So I'll ask the same question, that, if, in
fact, you get the waiver from the County for my policemen and Metro buses, I'll move this
immediately. But I think fair is fair.
Ms. Jackson: Sir, I can't answer that.
Mayor Clark: She can't answer that.
97 December 1, 1994
Commissioner Plummer: I'm sure you can't, but you can take it back with the approval, subject
to.
Chief Don Warshaw: Could I say something?
Mayor Clark: Yes.
Chief Warshaw: Mr. Mayor, I'd just like to make one statement about this. The date of this is
Sunday, December 11th, beginning at noontime. This is one hour before the Summit officially
ends, and we will have had all of our police officers basically working in an Alfa/Bravo
configuration from Wednesday or Thursday, through till Sunday. So one of the things we want
to be sure of and take a look at is whether we will have the resources available. Our people will
be working around the clock for four consecutive days. The President will still be here when this
starts, so we're going to have street closures, and motorcades running to the airport from the
Knight Center, where the sessions will still be going on, the plenary session.
Mayor Clark: Does Mr. Teele realize this? Did Mr. Teele realize this was happening?
Ms. Jackson: Yes. And this is on the official Summit calendar, so it is part of the activities for
the Hemispheric Summit.
Commissioner Plummer: Well, why aren't they paying for it, then?
Mayor Clark: Oh, come on, J.L.
Commissioner Plummer: If it's on the Summit calendar, why isn't the Summit paying for it?
Chief Warshaw: It's not on the Summit calendar.
Commissioner Plummer: Huh?
Chief Warshaw: It's a post -Summit event. It's not on the Summit calendar.
Commissioner Plummer: Well, she just made the statement. I'm sorry.
Ms. Jackson: It is going to be an event of the Summit. It's...
Mayor Clark: Commissioner Dawkins moves the resolution. Right? I second the resolution.
Commissioner Plummer: Mr. Mayor, I'm going to vote for the resolution because it's in the
City, but I'm going to ask you...
Mayor Clark: Well, surely, she knows that.
Commissioner Plummer: ... to urge Metro Commission to take and give us the buses we need,
and don't charge us for the buses for the City of Miami during the Summit.
Vice Mayor Dawkins: I'm sure if the Chairperson is able to do that, he will do that, and I so
move, with the understanding that the Chairperson will do all that he can, and he only has one
vote. If he gets the other votes, it's done. If he doesn't, it won't be done.
Mayor Clark: Call the roll.
98 December 1, 1994
The following resolution was introduced by Vice Mayor Dawkins, who moved its adoption:
RESOLUTION NO. 94-890
A RESOLUTION RELATED TO THE SUMMIT OF THE AMERICAS;
AUTHORIZING THE WAIVER OF ALL WAIVABLE USER FEES AS PERMITTED
BY THE CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR
THE GRAND OPENING CEREMONIES OF THE NINTH STREET PEDESTRIAN
MALL TO TAKE PLACE ON DECEMBER 11, 1994; AUTHORIZING THE
PROVISION OF IN -KIND SERVICES FOR SAID EVENT IN AN AMOUNT NOT TO
EXCEED $31,793 FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE, AND
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, SAID
AUTHORIZATIONS CONDITIONED UPON COMPLIANCE WITH ANY
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF
MIAMI; FURTHER URGING THE METROPOLITAN DADE COUNTY BOARD OF
COMMISSIONERS TO PROVIDE, AT NO COST TO THE CITY, BUS SERVICE TO
TRANSPORT CITY OF MIAMI POLICE OFFICERS DURING SAID EVENT.
(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 J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Thank you, ma'am.
Ms. Jackson: Thank you.
----------------------------------------------------------------------------------------------------------
35. DISCUSSION CONCERNING AGREEMENT WITH ST. JOHN COMMUNITY
DEVELOPMENT CORPORATION, INC. -- FOR IMPLEMENTING A
VARIANT COMMERCIAL FACADE PROGRAM ALONG N.W. 2 AND 3
AVENUES BETWEEN N.W. 8 AND 21 STREETS. (See label 35.2)
Commissioner De Yurre: Mr. Mayor, if I may. I have a resolution allocating an amount not to
exceed forty thousand dollars, and further authorizing the City Manager to execute a contract
agreement in a form acceptable to the City Attorney with the St. John Community Development
Corporation, Inc., for the purpose of implementing a variant commercial facade program along
99 December 1, 1994
i
I
Northwest 2nd and Northwest 3rd Avenues between 8th Street and Northwest 21st Street; further
waiving matching requirements of said program with funds allocated therefor from the
Twentieth Year Community Development Block Grant funds. I so move.
Mayor Clark: Frank, you got the money there?
Vice Mayor Dawkins: Under...
Commissioner Plummer: I second it with a proviso that all of these dollars must be used for
mortar, brick and paint, and not for personnel.
Vice Mayor Dawkins: Under discussion.
Mayor Clark: Go ahead.
Vice Mayor Dawkins: Why can't this come out of the two hundred thousand, or three, or half a
million... or the million dollar Summit, since we are going to make the City of Miami beautiful
for the Presidential Summit? Why can't we do this in Overtown, so that something will be left
after the Presidents leave, that we can look at and say we accomplished from the Presidential
Summit?
Commissioner De Yurre: Well, isn't this it?
Mayor Clark: Well, I didn't propose it.
Ms. Miranda Albury: Mr. Mayor and Commissioner Dawkins, the forty thousand dollars that's
being allocated is a part of the commercial facade program.
Vice Mayor Dawkins: Ms.... I read that, OK? But, you see, J.L. Plummer and I, we got raked
over the coals because we said... And I still say I have no problems with the Presidential
Summit. My problem is that when the Presidential Summit leaves, the people in Overtown,
Little Havana, Little Haiti, and Wynwood, will be just as they are now, no better off and no
worse. So if you're going to spend some money, let's spend some so that we can leave
something when they leave.
Commissioner Plummer: Ha. They're going to be worse off.
Vice Mayor Dawkins: OK. Call the roll because, I mean, they say they got the money, Mr.
Mayor.
Mayor Clark: Roll call.
[AT THIS POINT, THIS ITEM IS MOMENTARILY INTERRUPTED. SEE LABEL 35.2]
1.00 December 1, 1994
35.1. continued discussion CITY ADMINISTRATION CONFIRMS JANUARY 12, -
1995, AT 7:00 P.M., IN COCONUT GROVE CONVENTION CENTER -- FOR
PUBLIC HEARING IN CONNECTION WITH PROPOSED SPECIAL
NEIGHBORHOOD IMPROVEMENT DISTRICT FOR SOUTH COCONUT
GROVE AREA RESIDENTS. (See label 33)
----------------------------------------------------------------------------------------------------------------
Mr. Odio: The Convention Center is available for seven o'clock hn that date.
Commissioner Plummer: OK.
Mayor Clark: Put the town crier out. The Convention Center is available.
Mr. Odio: The Convention Center is available.
Vice Mayor Dawkins: OK. Well, you'll send a notice of that, Mr. Manager.
[END OF DISCUSSION. BACK TO PRIOR ITEM.]
-------------------------------------- -------------------------------------------------------------------------
35.2. (Continued discussion) EXECUTE AGREEMENT WITH ST. JOHN
COMMUNITY DEVELOPMENT CORPORATION, INC. -- FOR
IMPLEMENTING A VARIANT COMMERCIAL FACADE PROGRAM
ALONG N.W. 2 AND 3 AVENUES BETWEEN N.W. 8 AND 21 STREETS --
ALLOCATE $40,000 FROM 20TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUND. (See label 35)
Mayor Clark: All right. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who moved its adoption:
RESOLUTION NO. 94-891
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
ST. JOHN COMMUNITY DEVELOPMENT CORPORATION, INC. ("SJCDC"), FOR
THE IMPLEMENTATION OF A VARIANT COMMERCIAL FACADE PROGRAM,
FOR COMMERCIAL AND MIXED -USE BUILDING LOCATED ALONG THE
CORRIDOR OF NORTHWEST 2ND AND 3RD AVENUES, BETWEEN
NORTHWEST 8TH AND 21ST STREETS, MIAMI, FLORIDA; WAIVING THE
MATCHING FUND REQUIREMENT FROM THE INDIVIDUAL PARTICIPANTS
OF SAID PROGRAM; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT
TO EXCEED $40,000, FROM THE TWENTIETH (20TH) YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM FUNDS, TO IMPLEMENT SAID
PROGRAM.
101 December. 1, 1994
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
36. (Continued) DISCUSSION CONCERNING VIRGINIA KEY MARINA. (See
labels 8, 25, 40 & 41)
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, I have another pocket item from the Administration.
Mayor Clark: You're only allowed one.
Commissioner Plummer: Sir, it's not mine.
Mr. Cesar Odio (City Manager): No. This is not a pocket item.
Commissioner Plummer: You want this one from the...
Mr. Odio: What is that?
Commissioner Plummer: This is for the forklift.
Mr. Odio: No. that's part of item number 30. So, please...
Commissioner Plummer: So this is a separate resolution.
Mayor Clark: So when are we going to do that? At four o'clock?
Mr. Odio: This is all part of item 30.
Commissioner Plummer: So why did you give it to me to bring it up?
Mr. Odio: No. I gave it to you so you knew what we were doing.
Mayor Clark: At four o'clock, we're going to handle all that stuff, today.
Commissioner Plummer: Fine with me.
-102 December-1, 1994
Vice Mayor Dawkins: We'll be back at four o'clock?
Mayor Clark: Yes.
Vice Mayor Dawkins: All right, Mr. Mayor. That's it.
Mayor Clark: You want to sit and argue now?
Commissioner Plummer: I thought... Why did you tell me it was...
Mr. Odio: No. What I'm saying is it's part of the item that we're bringing up to you.
END OF DISCUSSION -- NO ACTION TAKEN
THEREUPON THE CITY COMMISSION WENT INTO
RECESS AT 11:38 A.M. AND RECONVENED AT 4:06 P.M.,
WITH ALL MEMBERS OF THE CITY COMMISSION FOUND
TO BE PRESENT, EXCEPT COMMISSIONER DAWKINS.
Mayor Clark: Mr. Clerk, we have a quorum present of the Commission.
----------------------------------------------------------------------------------------------------------------
37. (Continued discussion) WAIVE COMPETITIVE SEALED BID PROCEDURES
FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN THE
PUBLIC RIGHT-OF-WAY ADJACENT TO THE PLAT OF NEW PIVETTE
PARK -- RATIFY MANAGER'S FINDING THAT EMERGENCY EXISTED --
EXECUTE CONTRACT WITH JOAR CORPORATION -- ALLOCATE
FUNDS ($42,500) FROM DEPOSITS REFUNDABLE ACCOUNT. (See label
17)
Vice Mayor Plummer: Mr. Mayor, if you want, I have the... had the opportunity to read over
these issues. Any time you want to bring them up, I'm now satisfied to vote on these issues. So.
Mr. Cesar Odio (City Manager): On 8 and 30.
Vice Mayor Plummer: On 18, I've read it over, and the wording was misleading. That's all I
can say.
Mr. Odio: OK.
Vice Mayor Plummer: Well, excuse me. I don't know if he wants me to bring it up now or later.
Mr. Odio: Mr. Mayor, could we take care of that now?
Mayor Clark: Yes.
Mr. Odio: Eighteen.
Vice Mayor Plummer: Eighteen, Mr. Mayor, was, you might recall, which was titled "Waiver of
Competitive Bidding," which was... in fact, it wasn't. The owner of the property is not at loss,
and as far as I'm concerned, I'll move 18 or second 18.
103 December 1, 1994
ME
Commissioner De Yurre: I'll second it, Mr. Mayor.
Mayor Clark: All right. Move and seconded.
Mr. Odio: You need four -fifths vote.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-892
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS OF THE MEMBERS OF
THE CITY COMMISSION, AFTER A DULY ADVERTISED PUBLIC HEARING.
WAIVING FORMAL COMPETITIVE SEALED BID PROCEDURES FOR THE
CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN THE PUBLIC RIGHT-
OF-WAY ADJACENT TO THE PLAT OF NEW PIVETTE PARK, IN ACCORDANCE
WITH PLANS ON FILE IN THE DEPARTMENT OF PUBLIC WORKS; RATIFYING,
APPROVING AND CONFIRMING THE CITY MANGER'S FINDING THAT AN
EMERGENCY EXISTS JUSTIFYING SUCH WAIVER FOR SAID SERVICES;
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH JOAR CORPORATION
FOR CONSTRUCTION OF SAID IMPROVEMENTS; AND ALLOCATING FUNDS
THEREFOR, IN AN AMOUNT NOT TO EXCEED $42,500 FROM THE DEPOSITS
REFUNDABLE ACCOUNT, ACCOUNT NO. 220-981784, FOR THE
CONSTRUCTION OF SAID SUBDIVISION IMPROVEMENTS.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Commissioner Miller J. Dawkins
104 December 1, 1994
----------------------------------------------------------------------------------------------------------------
38. AUTHORIZE MANAGER TO ENTER INTO SHORT TERM CONTRACT (ON
MONTH TO MONTH BASIS) WITH GALLO FORKLIFTS OF FLORIDA --
FOR EMERGENCY RENTAL OF 18,000 POUND MARINE FORKLIFT TSE
110.
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: The next one is a resolution authorizing the City Manager to enter into a
short-term contract on a month -to -month basis with Gallo Forklifts.
Mr. Cesar Odio (City Manager): Mr. Plummer, may I interrupt on that?
Vice Mayor Plummer: Yes.
Mr. Odio: Can you told that up for a minute, please.
Vice Mayor Plummer: Yeah. I thought you wanted it.
Mr. Odio: What I'd rather do, what I'd rather do, to give me... to give us some flexibility, is that
we can lease, authorize us to enter into leases for two forklifts, not to exceed...
Vice Mayor Plummer: This is sixty-one hundred dollars.
Mr. Odio: Well, not to exceed seventy-five hundred dollars a month.
Vice Mayor Plummer: I will move... You've got to have it to operate the boatyard.
Mr. Odio: Without the...
Vice Mayor Plummer: I will move that the Manager be authorized an amount not to exceed
seventy-five hundred dollars a month for the forklifts to operate..
Mr. Odio: For two forklifts.
Vice Mayor Plummer: ... to operate the Virginia Key Marina. I so move.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mr. Odio: Now, the other thing we need for the boatyard...
Vice Mayor Plummer: Wait a minute. Let's get a vote.
Mayor Clark: Wait a minute, wait a minute.
Mr. Odio: Oh, I'm sorry.
Mayor Clark: Call the roll.
105 December 1, 1994
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.94-893
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
SHORT TERM AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH GALLO FORKLIFTS OF FLORIDA, FOR THE RENTAL OF
TWO MARINE FORKLIFTS, ON A MONTH TO MONTH BASIS, IN AN AMOUNT
NOT TO EXCEED $7,500.00 PER MONTH PLUS DEPOSIT AND FREIGHT
INSURANCE COSTS, TO ASSIST IN THE OPERATION OF THE VIRGINIA KEY
MARINA; ALLOCATING FUNDS THEREFOR FROM THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, PROJECT NO.
502003, ACCOUNT CODE NO. 421601-610.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT:
Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: Commissioner Dawkins entered the
Commission c am er at 4:09 p.m.
----------------------------------------------------------------------------------------------------------------
39. AUTHORIZE INCREASE ($77,500) IN EXISTING CONTRACT WITH
TERRA TECH, INC. -- FOR CLEANING OF HURRICANE ANDREW
RELATED DEBRIS ON VIRGINIA KEY.
Vice Mayor Plummer: Mr. Mayor, the other one is a resolution which you brought to the table
in reference to the seventy-seven thousand, five hundred for the Terratech, for the clearing of the
Andrew -related debris on Virginia Key. I have read it over, and I'm in concurrence. I'll move
it, or second it, or vote for it.
106..' _ December -1, 1994
Mayor Clark: All right. That's on that...
Vice Mayor Plummer: However you want to do it.
Mayor Clark: ... Virginia Key road.
Vice Mayor Plummer: Yes, sir.
Mayor Clark: All right. Any...
Vice Mayor Plummer: I'm also now in concurrence, Mr. Manager, Mr. Mayor...
Mayor Clark: Let's work on that first.
Vice Mayor Plummer: All right, sir.
Mayor Clark: Is there a second to that?
Commissioner Gort: Second.
Mayor Clark: Second. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO.94-894
A RESOLUTION AUTHORIZING AN INCREASE OF $77,500.00 IN THE EXISTING
CONTRACT WITH TERRA TECH, INC., APPROVED PURSUANT TO
RESOLUTION NO. 94-656, FOR THE CLEANING OF HURRICANE ANDREW
RELATED DEBRIS ON VIRGINIA KEY; ALLOCATING FUNDS THEREFOR
FROM ACCOUNT CODE NO. 058527-340-588627 ($56,500.00) AND CODE NO.
336006-340-805801($21,000.00).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
107 December 1, 1994
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 don't know what I'm voting on.
Mayor Clark: This is on that seventy-one hundred... seventy-one thousand dollar extra on the...
Vice Mayor Plummer: Virginia Key Road.
Mayor Clark: ... Virginia Key Road.
COMMENTS MADE AFTER ROLL CALL:
Commissioner De Yurre: Can I read something into the record, Mr. Mayor?
Vice Mayor Plummer: On that issue?
Commissioner De Yurre: No, no, something else.
Vice Mayor Plummer: Let me get finished, Victor.
Commissioner De Yurre: Oh, hey, sure.
----------------------------------------------------------------------------------------------------------------
40. (Continued discussion) AUTHORIZE MANAGER TO EXECUTE A
REVOCABLE PERMIT WITH BAYSIDE SEAFOOD RESTAURANT, INC. --
FOR USE OF RESTAURANT AREA AT VIRGINIA KEY MARINA, TO
ALLOW FOR CONTINUED OPERATION OF FOOD / BEVERAGE
CONCESSION, ON A MONTH TO MONTH BASIS, AT $2,500 PER MONTH,
PLUS 10.3% OF ITS MONTHLY GROSS PROCEEDS. (See labels 8, 25, 36 &
41)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: I also will be ready to move at this time, Mr. Manager, on a thirty -day
irrevocable lease, that... of the restaurant in Virginia Key.
Mr. Cesar Odio (City Manager): OK. That's the number, item number 8.
Vice Mayor Plummer: Item number 8. I so move.
108 December 1, 1994
Commissioner Dawkins: Item S, where?
Vice Mayor Plummer: Eight.
Mayor Clark: Today's agenda, regular agenda.
Vice Mayor Plummer: Regular agenda.
Commissioner Dawkins: From the morning?
Vice Mayor Plummer: Yes.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: This is the restaurant at Virginia Key...
Mr.Odio: Boatyard.
Vice Mayor Plummer: ... to give the Manager the right to let them continue to operate it.
Commissioner Dawkins: Now, you said this morning that it was deferred.
Mayor Clark: No, it was deferred till this afternoon.
Vice Mayor Plummer: No, sir. I asked it to be deferred until I had the time to read it over.
Now, if it creates a problem, I'm sorry, but I wanted the opportunity to read it over.
Mr. Odio: Well, the problem is, the restaurant is open, and we are going to collect twenty-five
hundred dollars a month, plus the percentage.
Vice Mayor Plummer: But if my colleague has a problem, I'm not going to push it.
Commissioner Dawkins: No, go ahead. I don't have a problem, but I thought it was... If I had
known that you were just deferring it until this afternoon, I would have deferred it, but since
you're going with it, go with it. Go ahead.
Vice Mayor Plummer: I'll move because it's on a thirty -day revocable permit, that that be
accepted to give the Manager the right to negotiate.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: All right. No discussion? Call the roll.
109 December 1, 1994
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-895
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A REVOCABLE PERMIT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH BAYSIDE SEAFOOD RESTAURANT, INC. FOR THE
USE OF THE RESTAURANT AREA AT VIRGINIA KEY MARINA, LOCATED AT
3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, TO ALLOW FOR THE
CONTINUED OPERATION OF THE FOOD AND BEVERAGE CONCESSION ON A
MONTH -TO -MONTH BASIS WITH BAYSIDE SEAFOOD RESTAURANT, INC.,
PAYING A MONTHLY FEE TO THE CITY OF TWO THOUSAND FIVE HUNDRED
DOLLARS ($2,500.00) PLUS TEN AND THREE TENTHS PERCENT (10.3%) OF ITS
MONTHLY GROSS PROCEEDS AND WITH TERMS AND CONDITIONS AS
MORE PARTICULARLY SET FORTH IN THE REVOCABLE PERMIT.
(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.
------ ---------------------------------------------------------------------------------------------------------
41. (A) (Continued discussion) ACCEPT ADMINISTRATION'S BUDGET
FOR VIRGINIA KEY MARINA -- PERMIT RICKENBACKER
MARINA TO USE CITY RAMP AND FORKLIFTS -- COLLECT
RENT FOR 100 BOATS PRESENTLY IN RACKS ON VIRGINIA
KEY MARINA -- DEDUCT $4,500 FROM PROCEEDS OF BOAT
RENTALS TO COVER COST OF RICKENBACKER MARINA'S USE
OF CITY RAMP AND FORKLIFTS. (See labels 8, 25, 36 & 40)
(B) AUTHORIZE MANAGER TO ENTER INTO A USE AND SERVICES
AGREEMENT FOR RICKENBACKER MARINA.
(C) DISCUSSION CONCERNING RFP FOR VIRGINIA KEY MARINA --
STIPULATE THAT COMPETITIVE BIDDING PROCEDURES
MUST BE ADOPTED.
Vice Mayor Plummer: Now, Mr. Manager, do you want us to accept this budget, or what, in
reference...
Mr. Cesar Odio (City Manager): Yes, yes. Considering that we prepared that budget in quite a
110 December 1, 1994
1,
}
hurry, I have it...
Commissioner Dawkins: What are you reading now, J.L.?
Vice Mayor Plummer: This is the budget for item 30 that he gave us, and I'm asking does he
want...
Mr. Odio: Yes, I would like...
Vice Mayor Plummer: It was scheduled for a discussion item. Does he want us to approve this
budget as such, so he can technically...
Mr. Odio: Well, let me... Can I explain to you what we have done so far?
Vice Mayor Plummer: Explain to the Commission.
Mr. Odio: Based on the ruling of the Judge, we evicted the Virginia Key operators on Tuesday.
We took over the marina Tuesday morning. They had six employees that we interviewed that
seemed to be very good people, hard working people there, and we kept them on board so we
could keep the boat owners... We have to handle three hundred and ten boats that need to be put
on the racks and off the racks to the water. So we hired them for these few days on event pay.
But I'd like to turn them over and make them temporary employees of the City, so that they can
have some benefits. This is... The budget covers those people. This budget covers those six
people that are there now.
Vice Mayor Plummer: Well, I thought temporary employees did not get provided benefits.
Mr. Odio: Some temporaries... Part-timers don't. Temporary employees do.
Vice Mayor Plummer: Well, you know, the whole thing, I'm hoping, Mr. Manager, that you will
come back in January at the earliest convenience, and recommend to this Commission what
you're going to recommend in the long term.
Mr. Odio: Well, I'm going to bring back the... What you told me is to bring back the RFPs
(Request for Proposals) or RFQs (Request for Qualifications), whatever you want to call it, in
January. I will do that.
Vice Mayor Plummer: If that's your recommendation, then that's fine.
Mr. Odio: Yeah, yeah. But if you approve this budget, at least it gives us some freedom to
operate here.
Vice Mayor Plummer: If there's no objections, I will move that we acept the budget presented
by the Manager.
Commissioner Dawkins: OK. All right.
Mayor Clark: All right. Is there a second?
Mr. Odio: The only...
Commissioner Gort: Second.
Mr. Odio: The only emergency I foresee in the place is that we feel that we own the racks, and
the Law Department says so. I believe it. The Capital Bank thinks they have a right to the racks.
111 December 1, 1994
But if we didn't, we can obtain racks on a two and a half week delivery notice. If it came to
that... I don't feel we're going to need to do that. If that's the case, I would have to come to you
to get authorization to spend the monies to bring the racks up.
A. Quinn Jones, III, Esq. (City Attorney): Yeah. Let me also add to that, that the one phase
we've dealt with, the eviction... is eviction. The second phase has to do with the trial on the
damages. That has yet to be litigated, and... because the Judge bifurcated the case. So that's
something that you should be made aware of.
Mr. Odio: Yeah. They owe us close to thirty thousand dollars, and we're going to try to collect
through the courts. But as of right now, we are operating the boatyard. The other part of this
deal, Commissioner Plummer, if you may... if you want to listen to this. The boatyard next
door, Rammy... What's his name? Rickenbacker Marina do not have a ramp. So what we
offered them to do is that we would collect the rent for the hundred and ten boats they have there
in the racks. In exchange for using of our ramp and our forklifts, we would... we would get the
receipts from those racks, and deduct forty-five hundred dollars to give them for having the right
to use that. We expect to collect about twenty-five thousand... twenty thousand dollars a month,
and we'll have to deduct about forty-five hundred dollars we have to give to Mr. - what's his
name? - Melwani. So we're going to make a net profit off the next door marina of sixteen
thousand dollars a month. A month.
Mayor Clark: All right. You got a motion there, J.L.?
Vice Mayor Plummer: I made it already.
Mayor Clark: Is there a second?
Mr. Odio: That includes this, right?
Vice Mayor Plummer: Yeah.
Mr. Odio: OK.
Mayor Clark: All right, on the budget, and the other. Call the roll.
Commissioner Dawkins: Does the Clerk have a copy of the budget?
Mr. Odio: Yeah, I have it.
Commissioner Dawkins: Well, give them... They don't have a copy. Thank you, Mr. Manager.
112 December 1, 1994
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-896
A RESOLUTION (Pending the Law Department.)
(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.
Mr. Jones: Mr. Mayor, one further thing. You also need to... to take... pass a motion, basically,
authorizing the City to enter into a use and services agreement for Rickenbacker Marina.
Mr. Odio: That's what I just said.
Mr. Jones: No, that was something different.
Mr. Odio: What is this?
Mr. Jones: That's...
Mayor Clark: Is that part of the last motion?
Mr. Jones: No. That's why I'm bringing it up.
Mayor Clark: All right.
113 December 1, 1994
Mr. Jones: It would be a motion approving the City... authorizing the City to enter into a use
and services agreement for Rickenbacker Marina.
Mayor Clark: All right. Is there a motion?
Vice Mayor Plummer: So move.
Mayor Clark: Moved and seconded. Please, now let's be quiet over there. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-897
A RESOLUTION (Pending the Law Department)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: How about the RFP?
Mr. Odio: We're ready to bring it in at the meeting of...
Commissioner De Yurre: Well, is there going to be an RFP, and RF... you're going to make a
decision, make a recommendation.
114 December 1, 1994
I
Mr. Odio: You have to make a policy decision here.
Commissioner Gort: RFQ.
Mr. Odio: Now, the problem is that since we have been dealing with RFPs... And I'm going to
need the Law Department here on the tax aspects of this. Because of the new law that the State
requires of lease... pays taxes, the City will end up losing monies from an RFP, because the taxes
that are paid, the County gets about a hundred thousand a year, and we get fifty. So this may be
the right time to look at how we do business.
Mayor Clark: RFQ?
Mr. Odio: An RFQ, if we get the same revenues and we get the same protection. Only then.
Commissioner De Yurre: So you're going to look into it and make a recommendation.
Mr. Odio: So it needs to be looked at for the tax aspects only.
Commissioner De Yurre: You're going to look into it and make a recommendation. Right?
Mr. Odio: That's... Yes. My recommendation would be based on the tax ruling, that if we go to
an RFQ, we don't have to pay taxes.
Commissioner De Yurre: Hey recommendation is to be based on what's best for the City of
Miami.
Mr. Odio: Exactly. Not only...
Mr. Jones: Well, let me just say this. This Commission, if my recollection serves me right, had
previously directed the Manager to come back with an RFP. Now, because of what's happened
in the interim, certainly, it would behoove us to look at what implications this change has made,
and come back to you with a recommendation as to what would be the most viable alternative
for the City.
Commissioner De Yurre: We speak the same language. Just don't understand me.
Mr. Jones: Almost, Commissioner.
Mayor Clark: Mr. Dawkins has the floor.
Commissioner Dawkins: OK. How are you going to determine competitiveness? That's all I
need to know. RFP, RFQ, RF whatever it is. How do you determine that what we're doing is
competitive, and that we... and we're not giving it away?
Mr. Odio: We'll have to spell that clearly, that it has to be... Who's going to invest the most
money there, more return to the City guaranteed, and et cetera, Commissioner. That's the only
way that I could recommend a particular bidder.
Commissioner Dawkins: No, you are going... You... Me, this vote.
I
{` Mr. Odio: Yeah.
Commissioner Dawkins: OK? You all are going to have to have a competitive process. OK?
115 December 1, 1994
Mr. Odio: Yes. A selection committee...
Commissioner Dawkins: Whether it's an RFP, whether it's an RFQ, or whatever.
Mr. Odio: We have the same selection committee review...
Commissioner Dawkins: You will have to have a competitive procedure for people to apply.
OK?
Mr. Odio: That's what I'm saying.
Commissioner Dawkins: That's what I'm saying. That's all I'm saying to you. OK?
Mr. Odio: I agree.
Commissioner Dawkins: OK. That's all. If it's not a competitive process, don't bring it up
here.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: Well, the Carollo Amendment is still in effect.
Mr. Odio: Sir?
Vice Mayor Plummer: The Carollo Amendment is still in effect.
Mr. Odio: Yeah. But on an RFQ, it may not apply.
Commissioner Dawkins: Well, that's what I'm telling you. I don't want... Bring back what
applies legally, and how it's competitive. I don't want... See, I don't want it to appear that I am
trying to do something that's illegal.
Vice Mayor Plummer: No, you're not.
Commissioner Gort: We're all saying the same thing.
Vice Mayor Plummer: You're talking about... Look, if I understand the State law that's now
being put into effect everywhere, you know, it's very simple, and it's this. If you have
Government -owned property where you're operating a profit -making business, it's taxable.
Now, you can call it an RFQ, you can call it an RFP, you can call it an ABC. But the bottom
line that they're taking a determination on is if, in fact, you have Governmental properties for a
profit -making, it's taxable. And we're not making that determination, the tax assessor is.
Mayor Clark: All right. You got the motion... you need a motion on this?
Vice Mayor Plummer: No, sir, we've already done it.
Mayor Clark: You got everything?
Vice Mayor Plummer: Yes, sir. He got more than he deserves.
Mayor Clark: All right.
116 December 1, 1994
----------------------------------------------------------------------------------------------------------------
42. COMMISSIONER DE YURRE READS LETTER FROM KATY SORENSON,
COUNTY COMMISSIONER, THANKING MANUEL GONZALEZ-
GOENAGA FOR APPLYING FOR THE POSITION OF COUNTY MANAGER.
Mayor Clark: Let me bring up, before we get into the zoning...
Commissioner De Yurre: Remember, I've got to bring up something, Mr. Mayor, into the
record.
Mayor Clark: Well, go ahead, Victor.
Commissioner De Yurre: This is a letter from Commissioner Katy Sorenson addressed to
Manuel Gonzalez-Goenaga. I just thought I'd read it into the record. It says:
"Dear Mr. Gonzalez-Goenaga, thank you for applying for the position of County
Manager with Metro -Dade County. We are now faced with the very difficult
decision of determining the best qualified candidate for this recruitment. We
wish to take this opportunity to compliment you on your professional
accomplishments. Your experience and achievements were evaluated in
comparison to the other candidates for this position. However, we have not been
able to select as a... You have not been able to be selected as a finalist to be
interviewed for this position. We're confident that those selected have the
background and experience that most closely meet our organizational needs.
Your interest in this position is very much appreciated, and we wish you success
in your future endeavors."
Mr. Manuel Gonzalez-Goenaga: May I just make a comment to that letter? The
Commissioners, Dade County Commissioners committed a grave error, because then, they will
allow me to speak ten minutes on every issue, and I hope that the City of Miami Commissioners
will allow me to speak half of it, because this is no big deal. I mean...
Mayor Clark: Next time. Not today.
Mr. Gonzalez-Goenaga: No. I'm going home.
Mayor Clark: OK.
Mr. Gonzalez-Goenaga: As a courtesy. Thank you.
Commissioner Dawkins: You know, I wouldn't mind letting you speak ten minutes, if you were
a City of Miami resident. But I think I'm being awfully nice to you to allow you to speak on
every item, when you do not live in the City of Miami.
Mr. Gonzalez-Goenaga: I do live in the City of Miami.
Commissioner Dawkins: Where do you... Hold it, hold it. Bring me the receipt where you
applied for homestead exemption.
Mr. Gonzalez-Goenaga: No, I rent.
117 December 1, 1994
lkw ` `
Commissioner Dawkins: Oh. Where you... homestead... Where you applied for homestead
exemption is your residence. OK. No problem.
Mr. Gonzalez-Goenaga: No, but I don't want to own anything in this un-American town. Thank
you very much.
Commissioner Dawkins: OK. You're more than welcome.
Mr. Gonzalez-Goenaga: I live... I am a resident twenty...
Commissioner Dawkins: Wherever you applied for homestead exemption is your home.
Mr. Gonzalez-Goenaga: For your records, 2649... 2469 Southwest 14th Street.
Mayor Clark: Next case.
Mr. Gonzalez-Goenaga: Thank you.
Vice Mayor Plummer: For the record, Mr. Mayor, since it's now a grave situation, I have a
conflict of interest, and I'll abstain.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------
43. INSTRUCT MIAMI CAPITAL DEVELOPMENT CORPORATION (MCDC)
TO MAKE AVAILABLE A SHORT TERM LOAN FOR BORINQUEN
HEALTH CLINIC -- DIRECT ADMINISTRATION (COMMUNITY
DEVELOPMENT DEPARTMENT) TO PROVIDE THE LOAN IF MCDC IS
UNABLE TO DO SO.
Mayor Clark: All right. Now, let me.
Commissioner Dawkins: OK. Mr....
Mayor Clark: Yes, sir.
Commissioner Dawkins: OK. You have one, Mr. Mayor?
Mayor Clark: Yes, sir.
Commissioner Dawkins: Go ahead, Mr. Mayor.
Mayor Clark: On behalf of Borinquen...
Vice Mayor Plummer: Borinquen Clinic. I sent it to you.
Mayor Clark: They would like to request two hundred thousand dollar capital... from Miami
Capital, a loan for a period of six months that will be secured. Is that Emilio? Come up.
Vice Mayor Plummer: Well, all we can do is urge Miami Capital, but we cannot force them.
Commissioner Dawkins: Yeah, but, Mr. Mayor, and my fellow Commissioners, at one time...
No, come up here, Emilio. At one time, Mr. Mayor, before you got here, we have three hundred
118 December 1, 1994
thousand dollars, and we decided to spend a hundred thousand dollars in each of the target areas.
You remember that, Frank? OK? Now, we never spent the hundred thousand dollars that was
earmarked for Wynwood. OK? So that's a hundred thousand dollars, Mr. Mayor, that's
available for the loan, not for a gift, now.
Mayor Clark: Yeah. Well, for six months.
Commissioner Dawkins: So then that means that the City would only have to come up with
another hundred thousand to let him have the two hundred thousand.
Vice Mayor Plummer: Well, I think... Let's understand. The problem is a short-term problem.
If he has to wait for the process of Miami Capital, which, rightfully, makes people go through a
scenario, he's going to be out the door.
Commissioner Dawkins: That's right.
Vice Mayor Plummer: Now, I think that what we're looking at is whether or not the City is in a
position to loan a fully collateralized loan...
Mayor Clark: Secured.
Vice Mayor Plummer: ... at a reasonable interest for a very short period of time.
Mr. Frank Castaneda: Commissioners, Miami Capital can do that a lot faster than we can. They
are geared up to do that, and if you instruct them to do that, they will do it.
Vice Mayor Plummer: I'll move that Miami Capital be instructed to make available a short-term
loan, fully collateralized, for a reasonable rate of return to the Borinquen Health Clinic. I so
move.
Commissioner Dawkins: OK. I'll second that, if you amend it that in the event that there is
difficulty between Miami Capital doing it and the time limit that Miami... that Frank Castaneda
and Miami Capital get together and do it.
Vice Mayor Plummer: That's fine.
Mr. Castaneda: Fine.
Commissioner Dawkins: Second the motion.
Mayor Clark: Cast a unanimous ballot of those present. Thank you, Emilio.
Vice Mayor Plummer: Go away and sin no more.
119 December 1, 1994
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-898
A RESOLUTION URGING MIAMI CAPITAL DEVELOPMENT, INC. ("MCDI") TO
PROVIDE A WORKING CAPITAL LOAN, FULLY COLLATERIZED AND AT A
REASONABLE INTEREST RATE, IN THE AMOUNT OF $200,000.00, TO
BORINQUEN HEALTH CARE CENTER, INC. ("THE CENTER"), LOCATED AT
5700 NORTHEAST 4TH COURT, MIAMI, FLORIDA; FURTHER AUTHORIZING
THE CITY MANAGER, IN THE EVENT MCDI IS UNABLE TO PROVIDE SUCH A
LOAN, TO TAKE ALL STEPS NECESSARY TO PROVIDE A FULLY
COLLATERIZED LOAN, AT A REASONABLE INTEREST RATE, IN THE
AMOUNT OF $200,000.00, FOR THE CENTER AND TO EXECUTE THE
NECESSARY DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT SAID LOAN.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
44. GRANT FUNDING REQUEST BY DR. MARTIN LUTHER KING, JR.
PARADE & FESTIVITIES COMMITTEE CONCERNING THEIR PARADE
(JANUARY 16, 1995).
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: Do you have anything else, Mr. Mayor?
Mayor Clark: Yes. Mr. Manager, what about Mr. Preston Marshall?
Mr. Cesar Odio (City Manager): Whatever we have given him in the past.
Mayor Clark: Well, you got Willy... Willy.
Mr. Odio: Whatever we have given him in the past is fine with me.
Commissioner Dawkins: Say what, now? Whatever we did what, now?
Mr. Odio: Whatever we have done with him in prior years is OK with me.
120 December 1, 1994
Commissioner Dawkins: OK. Well, here's where in '92, we passed a resolution, like he said,
and that's why I pulled it, a motion directing the City Manager to include the Martin Luther King
Parade and the Three Kings Parade as part of the City of Miami's budget, beginning with next
year budget - and this was in '92 - further directing the Manager to work with the coordinators of
said event in order to reduce City fees as much as possible. So now what are we going to give
him?
Mr. Odio: Well...
Commissioner Dawkins: I mean, what are we going to give the Three Kings? What are we
going to give him and the Three Kings Parade.
Commissioner Gort: What do we always give them?
Vice Mayor Plummer: A handful of "howdy" and a mouthful of "much obliged."
Commissioner Dawkins: That's what we're trying to find out.
Mr. Odio: I have to find out what we're doing for the Three Kings Parade.
Commissioner Dawkins: Well, whatever you're going...
Commissioner De Yurre: Mr. Mayor, every year we assist them, so whatever...
Mr. Odio: We have monies in Sanitation set aside in the budget for this particular event and the
Three Kings. And we need to... And it's in the budget, as you said for the... The cleanup alone
is worth a lot of money.
Commissioner Dawkins: So Commissioner Gort is moving that what you're going to give to the
Three Kings Parade, that you give it to both groups.
Vice Mayor Plummer: That's fair. That's fair.
Commissioner Dawkins: Is that the motion, Commissioner Gort?
Mayor Clark: Very good.
Mr. Odio: Fine with me. Fine with me.
Vice Mayor Plummer: That's fair. But here again, Mr. Marshall...
Mayor Clark: Motion by Mr....
Commissioner Dawkins: Mr. Gort.
Mayor Clark: ... Mr. Gort. Seconded by Mr. Dawkins. With no exception, we'll cast a
unanimous ballot.
Vice Mayor Plummer: OK. That's fine, but... All right. Go ahead.
121 December 1, 1994
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO.94-899
A RESOLUTION RELATED TO THE DR. MARTIN LUTHER KING, JR. DAY
PARADE TO BE HELD JANUARY 16, 1995; AUTHORIZING THE PROVISION OF
IN -KIND SERVICES FROM THE DEPARTMENTS OF POLICE, FIRE -RESCUE,
GENERAL SERVICES ADMINISTRATION/SOLID WASTE, PARKS AND
RECREATION AND PUBLIC WORKS, IN AN AMOUNT NOT TO EXCEED THE
AMOUNT ALLOCATED TO THE 1995 THREE KINGS DAY PARADE, SAID
AUTHORIZATION CONDITIONED UPON THE ORGANIZERS OBTAINING
INSURANCE TO PROTECT THE CITY IN THE AMOUNT PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE, AND COMPLIANCE WITH ANY OTHER
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF
MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed and adopted
by the following vote:
i
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.
NOTE FOR THE RECORD: On a motion duly made by Vice
Mayor Plummer and seconded by Mayor Clark, the minutes of
Commission meeting of October 27, 1994, were approved by the
Commission.
t
i
- - -122: _ December -.I, 1994
----------------------------------------------------------------------------------------------------------------
45. GRANT FUNDING REQUEST BY BIG LEAGUE SPORTS PRODUCTION,
INC. CONCERNING ITS FESTIVAL TO BE HELD AT BAYFRONT PARK
(JANUARY 27, 1995).
i
----------------------------------------------------------------------------------------------------------------
Commissioner Dawkins: OK. I have one, Mr. Mayor.
Mayor Clark: All right.
Commissioner Dawkins: Where is Ira Katz? Mr. Katz, Big Sports Production asked us for
fifteen thousand dollars. What do they need it for?
Mr. Ira Katz: For police....
Mr. Cesar Odio (City Manager): Excuse me, excuse me, excuse me. That is for... They met
with me, and I told them I would not recommend one dollar, Commissioner, because they are for
profit. They are out there to make a profit.
Commissioner Plummer: OK. Well, the group you gave the fifty thousand dollars to this
morning, what are they, nonprofit?
Mr. Odio: No. That's the host committee of the Super Bowl...
Commissioner Dawkins: Is it a nonprofit organization?
Mr. Odio: It is, it is.
Commissioner Dawkins: OK, if it's nonprofit, then I have no complaints.
Vice Mayor Plummer: What are you going to do, Mr. Dawkins?
Commissioner Dawkins: If it was nonprofit this morning, then it's nonprofit.
Mr. Odio: It was.
Commissioner Dawkins: But if I find out that it was profit, then you'd have to do the same thing
with this group.
Vice Mayor Plummer: Well, let's...
Mr. Odio: Fine. It's fine with me.
Vice Mayor Plummer: No, no, no. Let's be fair now.
Mr. Odio: They were not for profit.
Vice Mayor Plummer: You cannot convince me that Coca-Cola is for nonprofit. OK?
Commissioner Dawkins: That's right. Thank you, Mr....
123 December 1, 1994
Vice Mayor Plummer: Then the other part of one of the scenarios...
Commissioner Dawkins: That's right. That's...
Mr. Odio: We didn't give monies to Coca-Cola here.
Vice Mayor Plummer: No. You gave it to the Host Committee, who is going to be one of the
prime movers of the Coca-Cola event.
Mr. Odio: Coca-Cola is providing twenty thousand tickets for the community, free.
Vice Mayor Plummer: And it's charging a two dollar admission.
Mr. Odio: But they are giving twenty thousand tickets, I believe, free...
Vice Mayor Plummer: You know...
Mr. Odio: ... to this community.
Commissioner Dawkins: I move that we provide fifteen thousand dollars to Big League Sports,
the same as we provided to the other group.
Vice Mayor Plummer: I second. I second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its adoption:
RESOLUTION NO. 94-900
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $15,000 FROM
SPECIAL PROGRAMS AND ACCOUNTS IN SUPPORT OF THE 1995
SUPERBOWL CONCERT TO BE CONDUCTED BY BIG LEAGUE SPORTS
PRODUCTIONS AT BAYFRONT PARK ON JANUARY 27, 1995; SAID
ALLOCATION CONDITIONED UPON COMPLIANCE WITH ANY CONDITIONS
AND LIMITATIONS AS MAY BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
124 December 1, 1994
Upon being seconded by Vice Mayor Plummer, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: In the interest of being fair, I vote yes.
----------------------------------------------------------------------------------------------------------------
46. BRIEF COMMENTS CONCERNING THE PAINTING OF PRESIDENTS
WHICH APPEARED IN THE MIAMI HERALD NEWSPAPER,
COMMEMORATING THE UPCOMING SUMMIT OF THE AMERICAS.
----------------------------------------------------- ----------------------------------------------------------
Mayor Clark: Now, we got all this pocket material out of the way? All right, Willy.
Commissioner Gort: I got one. First of all, I want you to know that through J.L.'s office, we
were able to get one of the signs that will be donated to the City of Miami. What we're going to
do is put the painting, if we have enough time, the painting that was used in front of the Miami
Herald, where it's got all the Presidents, welcoming them to the City of Miami.
Vice Mayor Plummer: What? What are you doing with the Miami Herald?
Commissioner Gort: Not... The billboard.
Vice Mayor Plummer: Yeah.
Commissioner Gort: It's going to display...
Vice Mayor Plummer: Oh, yeah.
Commissioner Gort: ... the picture that came out of the front page of the Miami Herald, the
painting of all the Presidents that are going to be coming on the 3rd and 4th.
Vice Mayor Plummer: In the Herald?
Unidentified Speaker: On the billboard.
Commissioner Gort: One more time.
Vice Mayor Plummer: How many billboards did you get?
Commissioner Gort: One.
125 December 1, 1994
Vice Mayor Plummer: Let me ask that you talk with Ann Sterling in my office, who has a very
good connection at....
Commissioner Gort: I already did. She's the one that got them.
Vice Mayor Plummer: OK. That's fine.
Commissioner Gort: That's what I was thanking you for.
Vice Mayor Plummer: Thank you.
Commissioner Gort: OK?
Vice Mayor Plummer: Thank her.
Commissioner Gort: I'm being nice to you.
Mayor Clark: Mr. Manager...
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
47. AUTHORIZE FUNDING FOR DESIGN / LAYOUT / PRODUCTION /
PRINTING OF NEIGHBORHOOD ENHANCEMENT TEAM (NET)
BOOKLETS -- BY CREATIVE GROUP -- ALLOCATE $30,000.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I got a resolution for the... authorizing the funding for the design, layout
and production and printing of the Neighborhood Enhancement Team Booklet by the Creative
Group, in an amount not to exceed thirty thousand dollars, authorizing the City Manager...
Vice Mayor Plummer: Second the motion.
Commissioner Gort: ... to instruct the Chief Procurement Officer to issue a purchase order for
this acquisition, the funding sources to be determined by the City Manager. This is for the
Enhancement Team Booklet that we've been working on for a year and a half, it's my
understanding.
Vice Mayor Plummer: The only question I have, Mr. Manager, that book is not to be published
until each Commissioner has a draft and approves.
Mr. Cesar Odio (City Manager): Fine.
Mayor Clark: Well, it's supposed to be done for the Summit, isn't it?
Vice Mayor Plummer: Yeah, the...
126 December 1, 1994
Mr. Odio: We're trying to get it in print so that we can distribute it to the Presidents, but I'll
help you bring a draft tomorrow.
Vice Mayor Plummer: That will be fine.
Mayor Clark: All right. Mr. Manager...
Vice Mayor Plummer: Especially if it has a picture...
Commissioner Gort: Move it. Move it.
Vice Mayor Plummer: ... without my beard.
Commissioner Gort: Can we move it?
Mayor Clark: Moved and seconded. Cast a unanimous ballot.
The following resolution was introduced by Commissioner Gort, who moved its adoption:
RESOLUTION NO. 94-901
A RESOLUTION APPROVING FUNDING FOR THE DESIGN, LAYOUT,
PRODUCTION AND PRINTING OF THE NEIGHBORHOOD ENHANCEMENT
TEAM ("N.E.T.") BOOKLETS BY THE CREATIVE GROUP, IN AN AMOUNT NOT
j TO EXCEED $30,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT NO.
580-337-760, PROJECT NO. 195001; AUTHORIZING THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR SAID ACQUISITION.
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Vice Mayor 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.
127 December 1, 1994
----------------------------------------------------------------------------------------------------------------
48. COMMENTS BY MAYOR STEPHEN P. CLARK CONCERNING WTMI
GOLF CLASSIC TOURNAMENT WHICH RAISED $25,000 FOR THE
DISABLED -- THANKS PARKS DEPARTMENT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: On a job well done, concerning the seventh annual City of Miami WTMI golf
classic held at the Link's, the Department of Parks and Recreation Program for these persons
with disabilities was able to raise over twenty-five thousand dollars this year. These funds will
be utilized for the purchase of fifteen passenger wheelchair vans for the disabled children and
adults throughout the City of Miami. We want you to officially thank Mr. Albert Ruder of the
Parks Department, the tournament coordinator, Marcia Breiter, for their dedication. I'd
appreciate it. Would you do that, and notify these people? They've done a fantastic job.
Mr. Odio: Yes, sir.
Vice Mayor Plummer: That, they did.
Mayor Clark: They did.
Mr. Odio: Thank you.
Mayor Clark: Twenty-five thousand dollars, that's... For a pro tournament, that's a lot of
money. And it was well attended.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
49. BRIEF COMMENTS CONCERNING CONTRACT LATE PAYMENTS --
DIRECT ADMINISTRATION, IN FUTURE, TO REQUIRE THREE
PAYMENTS IN ADVANCE.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: May we proceed? No more pockets? No more zippers?
Vice Mayor Plummer: Mr. Mayor, I have something I want to bring up at a later time, but I can
wait, because I don't want to delay Marty Fine, who has another appointment. But I'll just
briefly... Mr. City Manager?
Mr. Cesar Odio (City Manager): Yes, sir.
Vice Mayor Plummer: Let me tell you something. I am getting a little tired of reading where
contracts for the City of Miami, people haven't paid for the last two months, the last three
months, the last four months.
Mayor Clark: Funds are low.
128 December 1, 1994
Vice Mayor Plummer: I would hope that this City Commission would adopt a policy that in the
future, any City contract has to have, as you do if you rented an office building, or you rented an
apartment, three months, the first, the last and the security. And if people miss the first month,
the second month, you start foreclosure, and the third month, they're out. I'm tired of having to
chase people in behalf of the City... That in the future, any contracts you sign, you want at least
three payments in advance, so that we don't have to sit around and read another contract where
people haven't paid since February, people haven't paid for the last three months. This way,
we'll have our money, and by the time that money runs out, just come back with such a policy,
please. Give it some thought for the Commission to keep taking... I'm tired of that. Any kind
of contract like...
Mr. Odio: Well, for instance, in the marina, we required it, but...
Vice Mayor Plummer: Well, there's another contract that I read today, and I'm not going to
bring out today, they haven't paid in seven months. Now, I'm tired of that. That's wrong.
Commissioner Gort: That's right.
Vice Mayor Plummer: OK?
Mayor Clark: All right. Let's proceed.
Vice Mayor Plummer: Thank you, Mr. Mayor.
END OF DISCUSSION -- NO ACTION TAKEN
----------------------------------------------------------------------------------------------------------------
50. (Continued discussion) DISPENSE WITH PROCEDURES FOR
PROFESSIONAL SERVICES (CODE SECTION 18-52.3) FOR A NEW
MOTOR POOL AND COMMUNICATIONS MAINTENANCE FACILITY
AND RELATED STRUCTURES AT N.W. 20 STREET AND N.W. 14
AVENUE -- RATIFY MANAGER'S FINDING OF EMERGENCY --
RECOGNIZE THAT POST, BUCKLEY, SCHUH AND JERNIGAN, INC. HAS
COMPLETED SIGNIFICANT ARCHITECTURAL AND ENGINEERING
RESEARCH / SITE PLANNING / DEVELOPMENT FOR SAID FACILITY
KNOWN AS "A FEASIBILITY STUDY TO CONSOLIDATE SELECTED
MAINTENANCE FUNCTIONS OF THE CITY OF MIAMI MUNICIPAL
SHOPS" -- ALLOCATE $135,000 FROM CIP 311018. (See label 28)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. Is Sergio here?
Mr. Cesar Odio (City Manager): Mr. Mayor, I just wanted to ask you a question on... on the
motor pool, if we are going to then schedule a meeting this month to determine... Because if I...
I don't want to sign the closing of the Jackson Memorial land if we are not going to be able to
deliver the property.
Mayor Clark: Well, I can't bring it up today, but I'm notified that everybody will have a five-
day clearance notice on this, and I'm bringing it back up. The money from the... from the
CDBG (Community Development Block Grant) to get us started over there where we can have a
clean contract going through. If we need the money later, we can get it out of the money we get
out of the hospital sale.
129 December 1, 1994
Commissioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor Plummer: Mr. Mayor, that doesn't eliminate the problem. The problem is, the
deadline of vacating for Jackson.
Mayor Clark: First of January.
Vice Mayor Plummer: And, you know, I'm not trying to lobby my colleague or you, sir.
Commissioner Dawkins: Mr. Mayor.
Vice Mayor Plummer: But what I'm saying to you is, this is for design. We have to be out by
June?
Mr. Odio: June 30th. That's what scares me.
Vice Mayor Plummer: OK. And if you wait till January or February... Now, you all do what
you want, please. I'm just trying to say...
Mayor Clark: I would bring it up today, but I know that he would invoke the five-day rule.
Vice Mayor Plummer: And I respect that.
Commissioner Dawkins: Mr. Mayor and fellow Commissioners...
Mayor Clark: Yes, sir.
Commissioner Dawkins: ... you know, it's amazing how I always get boxed in a corner.
Mayor Clark: No, you...
Commissioner Dawkins: And I don't mind it at all. But if the Manager, who we pay to manage,
although I disagree with sometimes, says that he must have this today, then I would remove my
revoke... my calling of the rule and let this go through so that the Manager can go ahead and do
whatever he has to do. But I will let all of you know that the only way I'm going to vote for the
construction is that the money comes... for the construction of this, comes from the sale of the
land to the hospital. And that's... with that, I'll let it go.
Vice Mayor Plummer: OK. Mr. Dawkins, and that day is a day yet to be fought. But this is just
for design. A resolution by an affirmative vote of four -fifths of the members of the City
Commission dispensing with the procedures for professional services outlined in Section 18-52.3
(Professional Services) of the City of Miami Code for a new motor pool and communications
maintenance facility and related structures located at Northwest 20th Street and Northwest 14th
Avenue, approving and confirming the City Manager's finding that valid public emergency
exists, justifying the dispensation with said procedures; recognizing that the firm of Post,
Bluckley, Schuh and Jernigan, Inc., has completed significant research, site planning and
development for a new motor pool and communications maintenance facility in the project
known as the Feasibility Study to consolidate selective maintenance function of the City of
Miami Municipal Shop, and is most qualified to provide architectural and engineering services
for said project; authorizing the City Manager to negotiate a professional service agreement with
the firm of Post, Buckley, Schuh and Jernigan, Inc., for architectural and engineering services for
130 December 1, 1994
said design of a new motor pool and communications maintenance facility and related structures,
in an amount not to exceed one hundred and thirty-five thousand dollars; allocating funds
therefore in an amount not to exceed a hundred and thirty-five thousand from Capital
Improvement Project Number 31-1018, as appropriated by Ordinance 11205.
Mayor Clark: You move it?
Vice Mayor Plummer: I'll move it, sir.
Mayor Clark: You got a second?
Commissioner Gort: I'll second.
Mayor Clark: All right.
Commissioner Dawkins: Under discussion.
Mayor Clark: All right.
Commissioner Dawkins: And I'm going to vote with the motion. You know, I'm going to
read... because, you know, it makes sense to me. Maybe it don't make any sense to anybody
else.
ii "Has completed significant research, site planning and development for a new
motor pool and communications maintenance facility in the project known as
Feasibility Study."
There's nothing that says that since you have paid them to do this, that they could not have gone
ahead and finished the design drawing with the understanding of getting the thing done, but...
Mr. Odio: Commissioner...
Commissioner Dawkins: No further discussion.
Mr. Odio: Commissioner, let me explain, please. I...
Vice Mayor Plummer: Excuse me. The man said no further...
Mr. Odio: No. I appreciate what he is saying. And the reason it was done this way is that I
didn't want to bring back, ratifying an emergency. I wanted to do it up front.
Commissioner Dawkins: But you still...
Mr. Odio: That's why I did it today.
Commissioner Dawkins: ... you still have a company that you've been doing business with, and
you continue to do business with...
Mr. Odio: Yeah, but...
Commissioner Dawkins: ... and then you tell me that there's nobody... OK. Call the roll, Mr.
Mayor.
Mayor Clark: Call the roll.
Commissioner Dawkins: Call the roll, Mr. Mayor.
131 December 1, 1994
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-902
A RESOLUTION (Pending the Law Department.)
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Thank you.
132 December 1, 1994
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 1st day of December, 1994, the City Commission of Miami, Florida, met at its
regular meeting place in the City Hall, 3500 Pan American Drive, Miami, Florida in regular
session.
The meeting was called to order at 4:37 p.m. by Mayor Stephen P. Clark with the
following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Mayor Stephen P. Clark
Vice Mayor J.L. Plummer, Jr.
Commissioner Victor De Yurre
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
A. Quinn Jones, III, City Attorney
Sergio Rodriguez, Assistant City Attorney
Walter J. Foeman, Assistant City Clerk
Cesar Odio, City Manager
Matty Hirai, City Clerk
----------------------------------------------------------------------------------------------------------------
51. CLOSE / VACATE / ABANDON / DISCONTINUE PUBLIC USE OF S.W. 33
AVENUE BETWEEN 11 AND 12 STREETS, AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT NO. 1465 (WOODLAWN PARK
CEMETERY 1ST ADDITION SUBDIVISION) AT 1103 S.W. 34 STREET,
3338 S.W. 11 STREET, 3314 S.W. 11 STREET, 3300 S.W. 11 STREET, 1112
S.W. 33 AVENUE & 1120 S.W. 33 AVENUE. (Applicant: Woodlawn Park
Cemetery.)
Mayor Clark: PZ number 1.
Vice Mayor Plummer: Move it. And let the record reflect this is Woodlawn Cemetery. I have
no financial gain, I have no reason to abstain, and I move it.
Mayor Clark: All right.
Commissioner Dawkins: You don't bury anybody's body in that...
133 December 1, 1994
Vice Mayor Plummer: Would you like to be the first?
Commissioner Dawkins: Yes.
Vice Mayor Plummer: All right. Why not.
Mayor Clark: PZ number 1 is moved by Mr. Plummer. Second?
Commissioner Gort: Second.
Mayor Clark: Read the ordinance.
Commissioner Dawkins: It's a resolution.
Mr. Walter Foeman (Assistant City Clerk): It's a resolution, Mr. Mayor.
Commissioner Dawkins: It's a resolution.
Vice Mayor Plummer: That, of course, Mr. Mayor, goes with the volunteer covenant...
Commissioner Gort: It's a resolution.
Vice Mayor Plummer: ... contribution that they're making.
Commissioner Dawkins: OK. It's a resolution, Mr. Mayor.
Mayor Clark: Resolution. Call the roll.
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-903
A RESOLUTION, WITH ATTACHMENT(S), OFFICIALLY CLOSING, VACATING,
ABANDONING AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
SOUTHWEST 33RD AVENUE BETWEEN 11TH AND 12TH STREETS, AS A
CONDITION OF THE APPROVAL OF TENTATIVE PLAT NO. 1465,
"WOODLAWN PARK CEMETERY 1ST ADDITION SUBDIVISION", SUBJECT TO
THE REQUIREMENTS OF THE PLAT AND STREET COMMITTEE FOR THE
PROPERTY LOCATED AT 1103 SOUTHWEST 34TH AVENUE, 3338 SOUTHWEST
11TH STREET, 3314 SOUTHWEST 11TH STREET, 3300 SOUTHWEST 11TH
STREET, 1112 SOUTHWEST 33RD AVENUE, AND 1120 SOUTHWEST 33RD
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A" ATTACHED HERETO AND MADE A PART HEREOF).
(Here follows body of resolution, omitted here and on file in the Office of the City
Clerk.)
134 December 1, 1994
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.
Unidentified Speaker: Thank you very much.
Mayor Clark: Thank you, Marty.
----------------------------------------------------------------------------------------------------------------
52. DEFER CONSIDERATION OF PROPOSED RESOLUTION TO CLOSE /
VACATE / ABANDON / DISCONTINUE PUBLIC USE OF PORTION OF
N.W. 11 AVENUE BETWEEN N.W. 29 TERRACE AND N.W. 30 STREET --
PENDING FURTHER TALKS BETWEEN THE CITY OF MIAMI AND THE
SCHOOL BOARD.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: PZ-2.
Mr. Jim Kay: PZ-2, Mr. Mayor and members of the Commission, PZ-2 is the official vacation,
abandonment and closure of a portion of Northwest 11th Avenue between Northwest 29th
Terrace and Northwest 30th Street. It's a condition of the tentative plat of Santa Clara
Elementary School subdivision.
Vice Mayor Plummer: How much property are they accumulating?
Mayor Clark: Wait a minute, J.L. Is there any person interested in this item who wants to speak,
on PZ-2? Go ahead, J.L.
Vice Mayor Plummer: I want to know how much land they will get by virtue of closing this
street.
Mr. Kay: Eleven thousand, seven hundred and ninety-four square feet.
Vice Mayor Plummer: That's eleven thousand square feet that's going to be off our tax rolls.
Commissioner Gort: No, they're roads.
Mr. Kay: Well, it's a public right-of-way.
Commissioner Gort: It's a public right-of-way.
Vice Mayor Plummer: OK. What are they going to do in return for the City?
135 pecember 1, 1994
Mayor Clark: Let Willy answer that.
Mr. Kay: You'll have the... Mr. Levine...
Commissioner Gort: I'll tell you some of the things they're doing with us. We established two
programs in two parks last year where they're providing the T-shirts to... in our Parks
Department to help the kids with their homework, and we're going to expand that into four
schools, and they pay for the T-shirts and the food that the kids get at the parks. And we're
trying to do some other things with the School System.
Vice Mayor Plummer: And you think that...
Commissioner Dawkins: But, you see, I have a problem, because every time I look up, I see the
School Board asking us to vacate property.
Vice Mayor Plummer: Yeah.
Commissioner Dawkins: We gave I don't know how many feet of land around Northwestern.
And when I asked for some land in exchange to put housing on...
Vice Mayor Plummer: It's a one-way street.
Mayor Clark: What did they tell you?
Commissioner Dawkins: They tell me they can't give it back to me, the State of Florida says
they can't give it back. But every time I look, they're down here. We're closing... We're giving
them something, and we don't get anything from the School Board.
Vice Mayor Plummer: Mr. Mayor, I'd like to defer this item, if we can. I think we need to go
negotiate with the School Board. You know, my problem, for example, is over five hundred
thousand dollars worth of policemen that we have in an SRO (School Resource Officer)
program, and yet, they have their own Police Department. Why are they still getting us for five
hundred thousand? I'd like to see that...
Mayor Clark: Motion to defer. Is there a second?
Vice Mayor Plummer: Defer until...
Commissioner Dawkins: Second for deferral.
Vice Mayor Plummer: Yeah.
Mayor Clark: Cast a unanimous ballot, Mr. Clerk.
136 December 1, 1994
The following motion was introduced by Vice Mayor Plummer, who moved its adoption:
MOTION NO. 94-904
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-2
(PROPOSED STREET CLOSURE, VACATION, ABANDONMENT AND
DISCONTINUATION OF THAT PORTION OF N.W. 11TH AVENUE LYING
BETWEEN N.W. 29TH TERRACE AND N.W. 30TH STREET) TO A FUTURE
MEETING, PENDING FURTHER TALKS BETWEEN THE CITY OF MIAMI AND
THE SCHOOL BOARD IN CONNECTION WITH VARIOUS ISSUES.
Upon being seconded by Commissioner Dawkins, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
53. CLOSE / VACATE / ABANDON / DISCONUE PUBLIC USE OF PLATTED
SIX FOOT EASEMENT WEST OF N.W. 17 AVENUE BETWEEN N.W. 34 &
35 STREETS, AS A CONDITION OF APPROVAL OF TENTATIVE PLAT
NO. 1445A (GRAVES SUBDIVISION). (Applicant: Sunbelt -Dix, Inc.)
Mayor Clark: Item number 3.
Mr. Jim Kay: Item number 3, Mr. Mayor, is the vacation and abandonment and closure of a
platted six-foot wide easement as the condition of the tentative plat of Graves subdivision. The
Public Works Department and the Plat and Street Committee have studied the proposed closure
of the this six-foot wide platted easement and have determined that the closure won't adversely
affect any traffic or... traffic circulation or public service vehicles.
Vice Mayor Plummer: And approximately how many square feet of...
Mayor Clark: Please, please, sir. Are you here on this item?
Mr. Steven Simon: Yes, sir.
Mayor Clark: Give us your name.
Mr. Simon: Steven W. Simon. I'm the attorney for the applicant.
Commissioner Dawkins: Pull the mike up, sir.
137 December 1, 1994
Commissioner Gort: Mr. Mayor, he has to be sworn in.
Mr. Simon: Steven W. Simon, with offices at 801 Erickell Avenue, attorney for the applicant.
Mayor Clark: All the persons who are going to testify today, please raise your right hand...
Vice Mayor Plummer: On this item.
Mayor Clark: ... and be sworn by the Clerk. Raise your right hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Plummer: May I inquire, how many square feet will they accumulate by virtue of
this action?
Mr. Kay: It's their own property right now. They're closing an existing easement on their
property. They will not accumulate...
Vice Mayor Plummer: On their own property?
Mr. Kay: Yes, sir.
Vice Mayor Plummer: OK. You recommend it?
Mr. Kay: Yes, sir.
Vice Mayor Plummer: I move it.
Mayor Clark: Second?
Commissioner Gort: Second.
Mayor Clark: Cast a unanimous ballot.
138 December 1, 1994
The following resolution was introduced by Vice Mayor Plummer, who moved its adoption:
RESOLUTION NO. 94-905
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THE PLATTED SIX FOOT EASEMENT
WEST OF NORTHWEST 17TH AVENUE LYING BETWEEN NORTHWEST 34TH
STREET AND NORTHWEST 35TH STREET, AS A CONDITION OF THE
APPROVAL OF TENTATIVE PLAT NO. 1445-A "GRAVES SUBDIVISION",
SUBJECT TO THE REQUIREMENTS OF THE PLAT AND STREET COMMITTEE,
FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF
NORTHWEST 17TH AVENUE AND NORTHWEST 34TH STREET, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED 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.
----------------------------------------------------------------------------------------------------------------
54. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 1902 N.W. 14
AVENUE FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL. (Applicant: Sun Bank/Miami, N.A. [owner],
VAH Miami, Federal Credit Union [buyer].)
Mayor Clark: PZ number 4. Number 3, is it, or 4?
Commissioner Gort: Four.
Vice Mayor Plummer: Four.
Mayor Clark: All right. Yes, ma'am.
Ms. Lourdes Slazyk: Good afternoon. For the record, my name is Lourdes Slazyk, from the
Planning, Building and Zoning Department. PZs 4 and 5 are requests to amend the land use and
zoning designations at approximately 1902 Northwest 14th Avenue from R-4 high density
residential to C-1 restricted commercial. The original application for this item was to change the
property to C-2 general commercial, but since the purpose of the request was to establish a
139 December 1, 1994
banking facility on the property, the department recommended denial for the C-2, and approval
for C-1, which is a more appropriate list of use...
Mayor Clark: You recommend C-2.
Ms. Slazyk: Right, approval for C-1, and so did the Zoning Board and PAB (Planning Advisory
Board).
Mayor Clark: All right. Give us your name for the record, ma'am.
Commissioner Gort: You have to be sworn in, ma'am.
Mayor Clark: I asked for everyone who was going to testify today to be sworn in. Swear her in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Ms. Adrienne Friesner-Pardo: Hello. My name is Adrienne Pardo, with law offices at
Greenberg, Traurig,1221 Brickell Avenue.
Mayor Clark: One question. Do you agree with C-1?
Ms. Friesner-Pardo: Yes, we do.
Mayor Clark: Public hearing is closed. Pleasure of the Commission. Recommend.
Vice Mayor Plummer: OK. Well, what are you going to do... Now that the City has tripled the
value of your land, what are you going to do for the City?
Mayor Clark: Oh, J.L., come on. Pay more taxes.
Ms. Friesner-Pardo: I'd have to...
Vice Mayor Plummer: Well, excuse me. This is first reading. If we're tripling the value of your
land before second reading, I think you need to give some serious thought to some kind of a park
that you can help out.
Commissioner Gort: Especially in Allapattah.
Vice Mayor Plummer: Before second reading. I think Allapattah would be a very fine area.
Ms. Friesner-Pardo: All right. I'll speak with my client about that before second reading.
Vice Mayor Plummer: You speak loud and long. OK?
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Mayor Clark: Moved and seconded. Call the roll, sir.
140 December 1, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE PROPERTY LOCATED
AT 1902 NORTHWEST 14TH AVENUE, BY CHANGING THE LAND USE
DESIGNATION FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Commissioner Gort and seconded by Vice Mayor Plummer and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Thank you, ma'am.
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.
----------------------------------------------------------------------------------------------------------------
55. FIRST READING ORDINANCE: AMEND 11000 ATLAS -- CHANGE
DESIGNATION AT 1902 N.W. 14 AVENUE FROM R-4 MULTI -FAMILY
HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL.
(Applicant: Sun Bank/Miami, N.A. [owner]/VAH Federal Credit Union [buyer].)
----------------------------------------------------------------------------------------------------------------
Vice Mayor Plummer: Do you move 5?
Mayor Clark: PZ-5.
Vice Mayor Plummer: It's a companion.
Commissioner Gort: Move it.
Vice Mayor Plummer: Second.
Mayor Clark: Call the roll.
141 December 1, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-4
MULTI -FAMILY HIGH -DENSITY RESIDENTIAL TO C-1 RESTRICTED
COMMERCIAL FOR THE PROPERTY LOCATED AT 1902 NORTHWEST 14TH
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF
SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
was introduced by Commissioner Gort and seconded by Vice Mayor Plummer and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
COMMENTS MADE DURING ROLL CALL:
Vice Mayor Plummer: The same conversation shall prevail on this one as the other one. I vote
yes.
Ms. Friesner-Pardo: Of course.
COMMENTS MADE FOLLOWING ROLL CALL:
Ms. Friesner-Pardo: Thank you.
Mayor Clark: Yes, ma'am. PZ-6.
Mr. Sergio Rodriguez: Mr. Mayor, PZ-6, we have a request from the applicant to continue that
item until January 26th; and PZ-7, to withdraw the item.
Mayor Clark: Both items?
Vice Mayor Plummer: 6 is defered, and 7 is withdrawn?
Mayor Clark: Motion to defer. Motion and a second.
Mr. Rodriguez: Right.
142 December 1, 1994
Vice Mayor Plummer: OK.
Mayor Clark: Motion and a second. Cast a unanimous ballot, Mr. Clerk.
NOTE FOR THE RECORD: At this point, agenda item PZ-6 was
continued to anuary26, 1995, and agenda item PZ-7 was
withdrawn.
----------------------------------------------------------------------------------------------------------------
56. DISCUSS AND CONTINUE (TO JANUARY 26, 1995 MEETING) PROPOSED
RESOLUTION TO RELEASE A DECLARATION OF RESTRICTIVE
COVENANTS AND MODIFICATION IN CONNECTION WITH PROPERTY
AT 2951-2999 S.W. 22 TERRACE.
Mayor Clark: PZ-8.
Ms. Lourdes Slazyk: PZ-8 is a request for... by Challenger Investment, Incorporated, for release
of a declaration of restricted covenant for the property located at 2951-2999 Coral Way. The
Planning, Building and Zoning recommendation is for a modification of the covenant, instead of
an outright release. On January 28, 1988, the Commission accepted a covenant which was
executed on March 2, 1988, for this property in order to provide a series of physical limitations,
which are listed in your cover memo. Instead of releasing this covenant outright, the Department
is recommending the following modifications. First of all, that the height restriction for the
buildings located within fifty feet of the south property line along Southwest 22nd Terrace shall
remain at two stories or thirty-five feet. Number two, that the wall along the northern boundary
of the property be relocated to provide a ten -foot wide... OK. And shall be landscaped. The
landscape plan is subject to review and approval by the Planning Department prior to issuance of
the building permits. And also, the six-foot high masonry wall should be replaced with a three-
foot high masonry wall, and a three-foot high wrought iron picket fence. This is to reduce the
possibility of graffiti. Number three, vehicular access for ingress and egress along the south
property line along Southwest 22nd Terrace should continue to be prohibited, since this fronts
residential property. And number four, the owner may replace the site plan, which is on our
files, with new site plans that comply to all of the conditions of the revised covenant, and that
plan is subject to review and approval of the Planning, Building and Zoning Department. Also,
the parking may be modified to one hundred percent of required by Code instead of one hundred
and ten percent, which is what was required.
Mayor Clark: And paved.
Ms. Slazyk: That's it.
Mayor Clark: Paving?
Ms. Slazyk: And paved, yeah.
Mayor Clark: That lot's been unpaved since they tore that old building down there.
Vice Mayor Plummer: Since the old building burned down.
143 December 1, 1994
:)
Mayor Clark: No, it wasn't. No. That old restaurant there.
Vice Mayor Plummer: Yeah.
Ms. Slazyk: OK. There...
Mayor Clark: It didn't burn down.
Vice Mayor Plummer: Yes it did.
Ms. Slazyk: There is one other condition that I've spoken to the applicant about that they would
like. The commencement of development, the original covenant says that the owners agree to
begin development of the property within one year from the date of the final zoning approval,
and they wish to have a release of that.
Mayor Clark: Ms. Dougherty, do you agree with these?
Ms. Lucia Dougherty: No, sir.
Mayor Clark: OK. Now we're go into a battle.
Vice Mayor Plummer: Well, let me ask this question, if I may, Mr. Mayor. The Planning
Department recommended denial, and once you're sworn in, I'd like to hear the reasons why.
Mayor Clark: Swear these people in now, please. Raise your right hand. Raise your right hand,
sir.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: All right. Your response now.
Ms. Dougherty: Mr. Mayor and members of the Commission, my name is Lucia Dougherty with
law offices at 1221 Brickell Avenue. I'm here today representing Challenger, Inc. With me is
Amancio Suarez, who is the president of the corporation. You may recall, they own an existing
building located right here. What we're seeking to do is modify a covenant that is... applies to
the piece of property directly south of the existing building. This particular covenant was drafted
in large amount because of the gentleman who lives across the street on 22nd Avenue, who is
here today, who is a resident and is no longer protesting, because he believes that parking is a
requirement in this neighborhood. Let me...
Mayor Clark: 22nd Terrace.
Ms. Dougherty: 22nd Terrace is right here.
Mayor Clark: Yes.
Vice Mayor Plummer: You said "avenue."
Ms. Dougherty: This is, for your information, 27th Avenue, 37th Avenue, 32nd Avenue...
Mayor Clark: But you had stated, Ms. Dougherty, 22nd Avenue. I know about 22nd Avenue...
22nd Terrace.
144 December 1, 1994
Ms. Dougherty: 22nd Terrace. Excuse me.
Mayor Clark: OK.
Ms. Dougherty: Also pending, what they intend to do is build a brand new eight -story building
right directly west of their existing building. Their existing building is twelve thousand square
feet. They're going to build a six -story building, and this is the rendering of this building,
directly west of their existing building. It's going to have eighty thousand square feet. It's going
to house Radio Mambi, Radio Ritmo, La Cubanasa, and... La Cubanasa and La Exitosa and La...
Mayor Clark: Proceed.
Ms. Dougherty: ... and the La Viva Newspaper. Excuse me. And you may notice that one of
the conditions that we would like to have removed is the condition that we cannot enter onto
22nd Terrace. But if you look directly west of our property, we have Total Bank, which has
access onto 22nd Terrace, Great Western Bank, which has access onto 22nd Terrace, the Publix,
which has access onto 22nd Terrace. There is also a drive -through window onto 22nd Terrace.
And it is our view, and that of... the view of our general contractor and architect that there is so
much traffic on Coral Way, it really is a nightmare to have all of the access for this brand new
eighty thousand square foot building onto Coral Way only. We have... I think... Adrienne, did
you pass out the... You passed out a newspaper article about the architect of this new building,
who is a local architect by the name of Ramon Pincheco, who is now becoming in his own, quite
a famous architect locally, and is not importing his architecture - exporting it - both to Orlando,
North Carolina and other places. So it's going to be a landmark building. It needs the parking.
We have an existing zoning application, by the way, that is coming through. It will be in before
you probably in January, that the Planning Department is recommending approval for, for the
rezoning of the rest of the property up to 31st Avenue, with the exception of one lot. Mr. Suarez
has just bought this one lot, and will be coming forward with the entire rest of the block for
rezoning of C-1. So what we're asking for today is a modification of the existing covenant on
this piece of property.
Commissioner De Yurre: Excuse me a second. What has changed on this property over the last
years that I have been here on this Commission to warrant this kind of a change?
Mr. Sergio Rodriguez (Assistant City Manager): We are... The issue before you today which is
the covenant...
Commissioner De Yurre: No. I'm talking about the issue coming in January, the whole gamut.
Mr. Rodriguez: Right. Well, that is not before you today.
Commissioner De Yurre: No. She brought it up, so obviously, we have to...
Mr. Rodriguez: Well, we just found out from her now in this hearing that they have bought
another piece of land, so we don't have all the information. That's why I want to address only
the issue before you today.
Commissioner De Yurre: Sergio, she has said...
Mayor Clark: But what he's saying, it's going to kind of mix your mind up. You know what's
coming in the future. Cut something off.
Mr. Rodriguez: And maybe, you know, it's up to you what you want to do, but it might make
more sense for you to take an action at that time when everything comes at the same time.
145 December 1, 1994
Vice Mayor Plummer: Yeah.
Commissioner De Yurre: I would think so, to begin with. But what bothers me is that she
knows more than you do.
Mr. Rodriguez: Well, we only know what we are told. If the applicant is not giving us
information, we cannot have it.
Commissioner De Yurre: No, no. She says that it's already...
Mayor Clark: Ms. Dougherty, in fairness, in trying to...
Commissioner De Yurre: ... already been applied to, and it's already in the process.
Mr. Rodriguez: No. She mentioned that she has one lot that they just acquired, and now, they
have an application for the whole lot.
Ms. Dougherty: No. What I said was, there is already pending an application that has gone
through the Planning Advisory Board...
Mr. Rodriguez: Right.
Ms. Dougherty: ... will be going to the Zoning Board in the future, and will be coming to you in
the City Commission for all of the lots, with the exception of this one lot which we have just
purchased. We will amend the application to include this one lot in the future.
Mayor Clark: Do you believe it would be better, you would stand on firmer ground and have a
complete plan for all of it, rather than by piecemeal?
Ms. Dougherty: I'd have to ask my client here.
Mayor Clark: Mr. Suarez, do you understand? Rather than just hopscotch back and forth, to
make it solid, do it all at one time rather than just piece by piece. Not trying to deter what's
taken place today, and not trying to defer what's taken place, but it would make a more solid
application if you did it all at one time, I think. Don't you?
Commissioner De Yurre: That's why I'm asking the question.
Mr. John Gregalot: Could I reflect on that situation, because I...
Mayor Clark: You sure may. Give us your name.
Mr. Gregalot: John Gregalot. 2962 Southwest 22nd Terrace. I live directly behind, on the south
side, and my brother lives in the next house, so we are both directly behind that property on the
south side of 22nd Terrace. We have been there since 1948, and I have seen the good and the
bad of the entire history. First, before I get into that, let me just commend a few people here
which you don't usually hear.
Vice Mayor Plummer: Excuse me, John. Excuse me for one minute. Mr. Mayor, do I
understand that this item is probably going to be deferred?
Mayor Clark: I think so.
146 December 1, 1994
Vice Mayor Plummer: So if it is, then I would just beg John to wait until it comes back, because
all we're going to do today, at best, I think is defer.
Mr. Gregalot: I think it's important...
Mayor Clark: OK.
Mr. Gregalot: ... though, that you hear...
Vice Mayor Plummer: OK.
Mr. Gregalot: ... my side of it.
Mayor Clark: John, but... We want to hear your side. We don't want to hear it twice.
Mr. Gregalot: OK. No, you won't. First of all, I want to commend the committee, the entire
group here, plus NET (Neighborhood Enhancement Team) and the pattern of collection that you
have established. The curbside collection, plus a good pattern of scheduled collection has taken
Miami back to the City beautiful, from what was a dump, as you recall. So I don't know
whether I would have had another opportunity to say that I appreciate what you have done with
the garbage pickup. Now...
i
Mayor Clark: We thank you. Any time we get a compliment, we'll let you speak.
Mr. Gregalot: Now, we'll get down to what has happened, as far as the egress and ingress of this
property. Many years ago, when this was established, I was the one who insisted that we have
no egress or ingress.
Mayor Clark: Yeah. You're sorry you made that statement then.
Mr. Gregalot: It didn't turn out the way it was supposed to be. It became a parking lot for all of
the people on... who worked on businesses on 22nd Terrace. My car has been bumped into three
times from people parking and coming out, and these were the employees of businesses all
through Coral Way.
Mayor Clark: Yes.
Mr. Gregalot: Which... And then, 22nd Terrace had become a pass through for the cars that
couldn't make their way through Coral Way. So I recognize it is a big mistake to feel that you
put up a wall or restrict an opening from property, that is the answer. It is not. I feel that a more
flexible plan of operation for car movement, such as egress and ingress, and make
accommodations for people who you employ, is really the answer.
Mayor Clark: We appreciate your comments. Thank you, John.
Commissioner Dawkins: Mr. Mayor, I have one question. The satellite dish on the building...
Where is... Is the architect here? The satellite dish, is that going to be retractable, so when a
hurricane is coming, it will go up or down, or will it be blown away?
Vice Mayor Plummer: No. It'll have to...
Unidentified Speaker: It's going to be retractable.
Commissioner Dawkins: It'll be retractable. Thank you. Thank you, Mr. Suarez. That's all.
No further questions, Mr. Mayor.
147 December 1, 1994
Vice Mayor Plummer: No way that's going to be retractable.
Mayor Clark: All right. When can this get back? When... What time schedule do we have,
Sergio?
Vice Mayor Plummer: The 26th.
Mr. Rodriguez: I believe it's going to come before you on the January 26th meeting, except that
I don't know when the applicant will amend the application to include all the property.
Mayor Clark: How much time you need?
Mr. Rodriguez: And depending on how soon they do it, we can schedule it for that with us.
Mayor Clark: All right. January the 26th. It will be postponed till at that time.
Vice Mayor Plummer: So moved.
Commissioner Gort: Second.
Mayor Clark: Seconded. Any discussion on that? I'm glad John has made that statement,
because back when I was the Mayor, back in the 60s, people used to object to us giving parking
in that back area on 22nd Terrace, and they said, it just doesn't work. Proven today that it does
work. Cast a unanimous ballot, Mr. Clerk. It will be postponed until January the 26th. First
item on the agenda, Amancio.
THEREUPON, ON MOTION DULY MADE BY VICE MAYOR
PLUMMER AND SECONDED BY COMMISSIONER GORT,
ITEM PZ-8 WAS CONTINUED TO JANUARY 26, 1995, AS
THE FIRST ITEM ON THE AGENDA, 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.
148 December 1, 1994
----------------------------------------------------------------------------------------------------------------
57. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 168-200 S.W. 32
ROAD, 3200-3202 S.W. 1 AVENUE & 1100-1139 S.W. 22 TERRACE FROM
HIGH DENSITY MULTI -FAMILY RESIDENTIAL TO DUPLEX
RESIDENTIAL. (Applicant: Vizcatran, Ltd.)
Mayor Clark: OK. Next item. PZ...
Vice Mayor Plummer: Item 9.
Mayor Clark: PZ-9.
Mr. Joe McManus: PZ-9 and PZ-10 are companion items, Mr. Mayor and members of the
Commission. Joe McManus, Deputy Director of Planning, Building and Zoning Department.
As this Commission recalls, this particular property has had a history stretching back over the
past ten years. This department prepared a report recommending a down zoning. It was
presented to you some time ago. This is a... The item here would amend the comprehensive
plan, amend the Zoning ordinance to essentially down zone the property of Vizcatran to R-2.
Mayor Clark: All right. Have you been sworn, sir?
Mr. Marvin Rauzin: No, I haven't.
Mayor Clark: Marvin Rauzin. Swear him in. All persons who are going to testify, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: OK. What's your position, Marvin?
Mr. Rauzin: My position is against it.
Mayor Clark: Against. Roll back the zoning?
Mr. Rauzin: Leave the zoning. Instead of high-rise, make it low-rise, and save a lot of money.
Mayor Clark: Well, that's what we're trying to do.
Commissioner Gort: That's what we're saying.
Mayor Clark: That's what this hearing is about.
Mr. Rauzin: Well, this is to make it duplex, which is only a two-family house. But...
Mayor Clark: Well, that's what it was before.
Vice Mayor Plummer: But it's low-rise.
149 December 1, 1994
Mr. Rauzin: Yeah, but I'd like to bring up a few things here. According to the Herald,
somebody told me there's an article where the City is having to pay eight hundred thousand
dollars to settle the case where...
Mayor Clark: Sir, that's an old story by now.
Mr. Rauzin: Yeah. Where the fellow spent a lot of money trying to develop a high-rise and he
never did. And besides that, nobody's going to build a duplex there, because it's right across
from the station. It's just not logical. And the duplex value on the tax roll would be about fifty
thousand for a lot, instead of maybe a million and a half.
Mayor Clark: Well, you want it zoned high-rise?
Mr. Rauzin: Low-rise. Change it to low-rise.
Vice Mayor Plummer: It is low-rise.
Mayor Clark: Well, it's low-rise. A duplex is not high-rise.
Mr. Rauzin: No, but R-3, I believe, would be low-rise.
Commissioner Gort: He wants R-3 or R-4.
Mr. Rauzin: This is R-4. I mean, it has been R-4.
Mayor Clark: No, no way. Boy, don't get us in that jackpot again.
Mr. Rauzin: The difference in the...
Vice Mayor Plummer: It's going to R-2, isn't it?
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor.
Mr. Rauzin: Yeah, R-2, but...
Commissioner Gort: Yeah. He wants R-4.
Vice Mayor Plummer: Duplex...
Mr. Rauzin: R-3 would be low-rise, evidently. R-4 is high-rise.
Vice Mayor Plummer: No, no, no. R-3 can be high-rise, depending on the square footage of the
property that you have.
Mr. Rodriguez: Yeah. If I may, the recommendation from the staff that is supported by the
Planning Board and the Zoning Board, is to go from R-4, which is a multi -family high density to
an R-2, which is a duplex, low density high... low-rise.
Vice Mayor Plummer: Yeah.
Mayor Clark: That's what you recommend.
Mr. Rodriguez: Yes, sir.
150 December 1, 1994
Vice Mayor Plummer: Yeah.
Mayor Clark: OK. All right. Fine. Anything further?
Mr. Rauzin: Yes. I wanted to mention that the valuation on the tax rolls, if it's sitting there as a
vacant lot, would probably be fifty thousand, maximum, as against possibly a million and a half,
if it's a four-story apartment, and that would cost the City in taxes approximately four hundred
and sixteen thousand over ten years. Which means...
Mayor Clark: Mr. Rauzin, please don't get us involved in this case again. It's a headache to
start with, happened before I got here, before Willy got here. We inherited an albatross, and
we're trying to let it fly away.
Mr. Rauzin: But I'm trying to make a point that to vote out this money is costing the City a
million, two hundred thousand over the first ten years.
Mayor Clark: No, they're not.
Mr. Rauzin: And the fellow should be allowed to make it low-rise and not have to settle for a lot
of money. There's a lot of traffic there, and on the other side of the station, you've got low-rise
apartments that come up to five stories.
Mayor Clark: OK. Yes, sir.
Mr. Rauzin: Now, this is a more logical place for apartments than the other side, because it's
right in the way...
Mayor Clark: All right. Mr. Dawkins.
Commissioner Dawkins: Mr. Rauzin, we sympathize with you, and we understand, but as the
Mayor said, prior to Commissioner Gort and the Mayor's arrival, this Commission made a
tactical error in permitting something to happen that the neighbors were dissatisfied with. So the
neighbors came in, and the neighbors asked us to right that wrong that was done. So this
Commission decided to bite the bullet, although, like you said, we realize that there's a
possibility that the City of Miami is paying more than the land is worth. But this Commission
decided that in order to keep the residents happy who live there, that we would have to make that
sacrifice and buy the land, and that's why we are where we are today, sir.
Mayor Clark: OK.
Mr. Rauzin: I went house to house, with all the houses facing 32nd Road. About three of them
are rented, and the two that I got a hold of, I've got a letter that they feel that low-rise would be
right. And they're the main ones involved. Now, the homeowners' association, I would say, is
probably less than five percent of the City of Miami.
Mayor Clark: Don't tell them that.
Mr. Rauzin: When you run for office, I believe the people running against you are going to
bring up how much you cost the taxpayers of the whole City when you did this and...
Mayor Clark: Well, if they bring that up, I'll be happy to answer that question.
Mr. Rauzin: But I would say this. From a million, two hundred thousand saving, the City
Commission ought to raise their salary some, which is a damn shame that you only make five
thousand a year. Now the...
151 December 1, 1994
Mayor Clark: Well, we knew that when we ran for office.
Mr. Rauzin: It's a logical location. It's right across the street from the station.
Mayor Clark: All right. Thank you. Thank you, Mr. Rauzin, for your comments. This
gentleman, I think, wants to add something.
Mr. John Fletcher: Yes. John Fletcher, 7600 Red Road, in South Miami, and as you know, I
represent the neighbors, and we want you to approve this desperately.
Vice Mayor Plummer: Mr. Fletcher, you were not sworn in, sir. You can't testify.
Mr. Fletcher: I hereby swear.
Mayor Clark: No. He's been sworn in this morning.
Vice Mayor Plummer: No, he hasn't.
Mr. Fletcher: I've been sworn so many times.
Vice Mayor Plummer: Not today.
Mayor Clark: Swear him in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Fletcher: John Fletcher, 7600 Red Road, in South Miami.
Mayor Clark: We know where you're coming from, John.
Mr. Fletcher: Yes. And I represent many of the neighbors, and we want you to approve this,
please, and let's end this.
Mayor Clark: Don't worry.
Commissioner Dawkins: OK. Let's... Mr. Mayor, I'd like to hear from the City Attorney,
please.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor and members of the Commission, just
for the record, this is a separate and distinct public hearing from the ones that you had before,
where the neighbors came before you. Your decision today should and must be based on
evidence presented today, which would be the recommendation of planning staff. That is in the
record.
Mayor Clark: All right, sir. Thank you.
Mr. Maxwell: So... just for the record.
Mayor Clark: Thank you. Yes, ma'am.
Ms. Ann Weinreb: I would like to be sworn in. I was a little bit late. My name is Ann Weinreb.
I reside at 3691- it's a duplex - 95 Southwest 1st Avenue.
152 December 1, 1994
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: Yes, ma'am.
Ms. Weinreb: I want to thank you for your courtesy, forbearance, and your knowledge. And I'm
telling you that millions are great, but I'm willing to pay sixteen thousand - what is it? - sixteen
hundred in March for my home, domicile in which I reside. And it's gone up a whole lot, and
I'm still there.
Mayor Clark: Yes, ma'am.
Ms. Weinreb: And I don't have that many zeroes in my bank account. We're talking about
decimal points. It's a great place to live, and I want to thank you for keeping it that way.
(APPLAUSE)
Mayor Clark: Thank you. You don't want to say anything, do you?
(INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: All right. Go ahead.
Mr. Joseph Portuondo: Members of the Commission, I very much am happy again to appear
before you.
Mayor Clark: He's been sworn. I witnessed that.
Mr. Portuondo: I was sworn. I raised my hand when John Fletcher was taking the oath.
Vice Mayor Plummer: I saw it.
Mr. Portuondo: And I'm just here to tell you that we have carried out today all of the
requirements placed on us by the City of Miami with respect to achieving the down zoning as
part of the Resolution 94-429, and I very much encourage your vote today to approve our down
zoning request, and I would like to address the Commission afterwards very briefly.
Mayor Clark: Thank you. Thank you, sir. All right. Do you have anything to read, Mr.
Attorney.
Mr. Maxwell: Yes, sir. Is there a motion, sir?
Mayor Clark: Motion, moved and seconded. Moved and seconded. Call the roll, Mr. Clerk.
153 December 1, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN, FOR PROPERTY LOCATED AT
168-200 SOUTHWEST 32ND ROAD, 3200-3202 SOUTHWEST 1ST AVENUE
AND 1100-1139 SOUTHWEST 22ND TERRACE, BY CHANGING THE LAND
USE DESIGNATION FROM HIGH DENSITY MULTI -FAMILY RESIDENTIAL
TO DUPLEX RESIDENTIAL; MAKING FINDINGS; INSTRUCTING THE
TRANSMITTAL OF A COPY OF THIS ORDINANCE TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Is there some way that we can take that word out of the vocabulary, "Vizcatran,"
and get rid of it? We sure as hell don't want to hear of it again, I'll tell you that.
----------------------------------------------------------------------------------------------------------------
58. (A) FIRST READING ORDINANCE: AMEND 11000 ATLAS --
CHANGE DESIGNATION AT 168-200 S.W. 32 ROAD, 3200-3202
S.W. 1 AVENUE & 1100-1139 S.W. 22 TERRACE FROM R-4
MULTI -FAMILY HIGH -DENSITY RESIDENTIAL TO R-2 TWO-
FAMILY RESIDENTIAL. (Applicant: Vizcatran, Ltd.)
(B) DISCUSS PETITION FROM VIZCATRAN TO WITHDRAW
MONIES FROM ESCROW TO PAY PROPERTY TAXES.
----------------------------------------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, 10 is a companion item. You're going to hear it right
now.
Mayor Clark: OK. It'll be the last time. Go ahead, Mr.... You going to read this?
Mr. Joel Maxwell (Assistant City Attorney): Is there a motion?
Mayor Clark: Motion and a second. Read it. Call the roll.
154 December 1, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT
REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-4
MULTI -FAMILY HIGH -DENSITY RESIDENTIAL TO R-2 TWO-FAMILY
RESIDENTIAL FOR THE PROPERTY LOCATED AT 168-200 SOUTHWEST
32ND ROAD, 3200-3202 SOUTHWEST 1ST AVENUE AND 1100-1139
SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 44 OF SAID ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
was introduced by Vice Mayor Plummer and seconded by Commissioner Gort and was
passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
Mayor Clark: Thank you folks for coming down. Thank you. All right, next item, number 11.
Mr. Portuondo: Mr. Mayor, may I address the Commission for one brief moment, sir?
Mayor Clark: Yes, sir.
Mr. Portuondo: Now that the resolution has been passed, I do have one request to make, and I
beg your indulgence on this matter. I wouldn't ask if it wasn't important. I had written to the
appropriate City officials to make this request, and I know you have no obligation to approve of
it, but I want to ask it to you, and I hope you will treat it with the good faith that we have both
shown in this matter. Over the last month - excuse me - last year and a half now, we have been
at a standstill, essentially, trying to iron out this issue of the down zoning. The carrying costs on
that property have been five thousand dollars a month. At present, we have been running a
deficit, in terms of taxes and interest expenses on that property, which have, to date, totalled
approximately fifty-five thousand for taxes and thirty-five thousand dollars for interest. This
process of the downzoning is taking a very long time. And what I am here to ask the
Commission is, I'm asking you to amend the resolution that you passed last summer on June 6,
1994, in a way that will allow us to have some relief from this dragged out process, and allow us
to draw from the escrow funds, which are already there, that came from the settlement, an
amount to satisfy the taxes and the interest expenses that we have had. We're not asking for
more money. We're not asking for anything more than we're entitled to under the resolution.
We're just simply asking for a favor at this point. And I know you have...
Mayor Clark: What I would suggest... What I would suggest is the County Attorney study that
and come back to us with a recommendation.
155 December 1, 1994
.. Z I ,;,1 "N
Mr. Maxwell: I can make a recommendation right now.
Mayor Clark: Man, don't you understand what I'm talking about?
Mr. Portuondo: It's not a legal issue but...
Mayor Clark: Jesus Christ. Well, do what you want to do, then. I'm not making any decision
today.
Vice Mayor Plummer: Mr. Maxwell.
Mr. Portuondo: All right.
Unidentified Speaker: You can't.
Mr. Maxwell: That's exactly what I'm going to tell you, Mr. Mayor. You should not be, at this
time, making a decision on that. That's... It's not right for that, at this time.
Mayor Clark: That's what I asked you to do; to give us a recommendation at a later time.
Mr. Maxwell: Yes, sir. My recommendation would be that you deny the request.
Mayor Clark: Well, I'm not denying anything today. I'm just asking you to take it under
consideration. We couldn't do anything today, yes or no, if we wanted to.
Mr. Maxwell: That's right.
Mr. Portuondo: Mr. Mayor, let me withdraw... Let me withdraw my request, and I'll bring it
forward at a more appropriate time, after I've had some consultation with Mr. Maxwell.
Mayor Clark: Thank you, sir.
Mr. Portuondo: Thank you.
Mayor Clark: Thank you very much.
----------------------------------------------------------------------------------------------------------------
59. FIRST READING ORDINANCE: AMEND 10544 (MCNP) FUTURE LAND
USE MAP -- CHANGE LAND USE DESIGNATION AT 2474 S.W. 27
TERRACE FROM SINGLE FAMILY RESIDENTIAL TO OFFICE. (Applicant:
Stephen D. & Elaine H. Pearson.)
Mayor Clark: All right. Item number 12.
Vice Mayor Plummer: Eleven.
Mayor Clark: Eleven.
Ms. Lourdes Slazyk: Eleven. PZ-11 and 12 are requests for changes of land use and zoning at
2474 Southwest 27th Terrace from single-family residential to office. The Planning, Building
156 December 1, 1994
and Zoning recommendation is for denial, finding that the extension of the office use on the two
subject lots will be an encroachment into the residential area with an adverse impact on the
neighborhood and the existing conditions in the area, especially with regards to increased
potential of traffic and parking. The Planning Advisory Board recommended approval by a vote
of seven to two, and the Zoning Board also recommended approval by a vote of seven to two.
Mayor Clark: Is the applicant present? Boy, you almost missed the boat. Both the departments
are recommending approval?
Mr. Sergio Rodriguez (Assistant City Manager): No.
Vice Mayor Plummer: Denial.
Mr. Rodriguez: The boards. The Planning Department recommended denial, and the Planning
Board and the Zoning Board recommended approval.
Mayor Clark: You got that, J.L.?
Vice Mayor Plummer: Huh?
Mayor Clark: They did recommend it.
Vice Mayor Plummer: The board did.
Mr. Rodriguez: The boards.
Vice Mayor Plummer: The department did not.
Mayor Clark: All right. Prove yourself. Give us your name for the record.
Mr. Stephen Pearson: Steve Pearson. I'm a Miami native. I've been an attorney in downtown
Miami...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: I didn't think you had to swear in an attorney. Is that right?
Mr. Joel Maxwell (Assistant City Attorney): Yes, sir.
Vice Mayor Plummer: More so.
Mr. Pearson: OK.
Mayor Clark: How much land are we talking about?
Mr. Pearson: It's five thousand square feet. Anyway, I'm Steve Pearson, a native Miamian, and
local attorney for over ten and a half years. I'm presently practicing at 601 Brickell Key Drive,
Suite 805, Miami, Florida. I mentioned, first of all, that I'm active, as the Commission knows, in
many civic endeavors, including the Beautification Committee, and I would not be here,
consistent with those activities, if I thought that what I was asking for was improper or not good
for this community today.
157 December 1, 1994
Mayor Clark: You are an owner.
Mr. Pearson: Yes, sir. Yes. My wife and I bought the property back in August of this year. The
property we're talking about is a small house located at 2474 Southwest 27th Terrace. And...
Mayor Clark: Do we have objectors present on this item? All right.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.)
Mayor Clark: All right. Thank you.
Mr. Pearson: The house is a little single-family home built back in '48, and it was until recently
lived in by the original owner. He sold it to my wife and myself, and we purchased it with the
idea that we would try to get it rezoned for my office, to use personally. As you can see on the
second photograph, the property, for all practical purposes, fronts on U.S. 1. This is a shot taken
from the front steps. It looks directly into the traffic. And just to give you a landmark that
you're probably familiar with, this is that building called Pink House, which is basically across
and a little bit to the north, on U.S. 1, from the property. The property is obviously on a very
busy street, and I submit that it's not suitable for residential use, at all. When we first purchased
it, in order to help pay the expenses, we had to rent it, and we had a great deal of difficulty
renting the property. Basically, people would come there, they would not live there with
children because of the traffic. They were scared of their pets getting run over, things like that,
because of it, practically speaking, being directly on U.S. 1. I finally rented it to single guys that
are in a transitory situation, and could fit our needs. I also decided that this would be my office.
I'm not buying this as a speculation or to turn it over, and before I bought the property, I tried to
do what was right, to go around and talk to the neighbors and see if anybody felt that this was
something wrong. I talked to the people, and as you'll see on these, on the chart here on the
front...
Mayor Clark: (Inaudible.)
Commissioner Dawkins: Thank you.
Mr. Pearson: Basically, everybody that I've spoken to that's directly affected by this property,
i.e., the people that are surrounding it, which, on this chart, are shown in green, have said they
have no objection and think it's the right thing to do. In that further regard, I'd like to submit for
the record eleven copies of eleven letters that these neighbors that are shown in these green
blocks have given me, saying they have no objection, and, in fact, support the rezoning
application. The other thing I'd like to point out, as you can see on this chart... (At this point,
Mr. Pearson begins to speak off mike)... The prior zoning went right through the middle of this
property, i.e., half of it was office, and half of it was residential. And for some reason that I
would submit was just an arbitrary decision, when they changed the zoning atlas and put the new
categorizations in, they moved the zoning for office line one block to the west instead of one
block to the east.
Mayor Clark: One lot.
Mr. Pearson: One lot. The property is two lots, and before, the zoning line went right through
the middle of it. And I submit again, because of the nature of this property - it's looking right
out to the busy street - that the proper place for the line would be one lot to the west.
Mayor Clark: Got you.
Mr. Pearson: Again, you know, I have these letters, which I'll give them to the Clerk, or to you,
Mayor, whichever one you tell me...
158 December 1, 1994
Mayor Clark: Leave those with the Clerk.
Mr. Pearson: OK. ...supporting this application, and I request that my rezoning petition is a
proper use for the property, to allow it to be used for office use.
Mayor Clark: Thank you, sir.
Mr. Pearson: Thank you.
Mayor Clark: Now we'll hear from the opposition.
Mr. Howard Weisberg: Howard Weisberg, Coconut Grove Park Homeowners' Association.
The residents are, I mean, except for the few in the green, the residents are opposed to any
changes in the existing residential neighborhood, residential zoning of this neighborhood. This
property has three parking spaces with one designated handicapped. This leaves two parking
spaces for an attorney's office that does closings with eight to ten people. Parking is already an
immense problem on that street. There is no available parking. The commercial building across
the street has already taken all the available commercial parking on the street. This house was
zoned residential when this gentleman purchased it, I think, six months ago. U.S. 1 was there six
months ago. This should have been no surprise. There is no hardship. All of the factors existed
when he purchased the property. I don't know if you've ever counted, but there's probably a
hundred houses backed up to U.S. 1 that aren't asking for their zoning to be changed to
commercial. They're all in the same circumstances. They've learned to live with it. It's a
residential neighborhood. It's important to retain all residential character of this neighborhood.
We're opposed to the zoning. We agree with the Planning Department's denial. And if it is...
We've spoken to the gentleman, and if it is granted, we've asked for a covenant, which he
refused to give us, dedicating one foot of the land on the perimeter all the way around as
residential, so the adjoining properties wouldn't be adjoining a commercial property. We've
also asked for a wall protecting the neighbors on both sides, because these are residential people.
I mean, it's a nice street backing up to this property. It's lovely houses that don't deserve a
parking lot. And we'd also like to see a parking plan. We don't think two non -handicapped
parking places is near adequate for a legal office that's going to have two employees. I mean,
that takes all the available parking. It leaves no parking for clients, on a very dangerous street,
with no parking.
Mayor Clark: All right.
Mr. Weisberg: We also feel that a covenant of residential, all the way around the property, will
discourage more commercial property on that street, and it will discourage the... looking for a
parking lot, which is going to be absolutely necessary when this thing starts operating.
Mayor Clark: All right, sir. Thank you. Yes, sir.
Mr. Jim McMaster: Jim McMaster, 2940 Southwest 30th Court. I understood, saw the signs and
inquired, and I understood that this was going to the PAB (Planning Advisory Board) and the
Zoning Board, and I didn't get involved. There are certain lots and rezonings that possibly might
have some merit to it, and this was an issue that I was going to leave up to the neighbors. When
I picked up the agenda for this meeting and looked at it, I realized that if you look in yellow, the
office zoning on U.S. 1 is office, which is an FAR (Floor Area Ratio) of one point seven two,
and then it has the FAR point five overlay. So all of the existing office zoning fronting on U.S. 1
from where the Burger King is up past 22nd Avenue has the FAR overlay, and can only be a
point five. What this gentleman is applying for is the straight office zoning, no overlay, no SD-
3, which is at one point seven two, which is a higher density than they're allowed to build
159 December 1, 1994
directly across the street here with those twenty -two-story high-rises. You know, as I said
earlier, I'm not so sure about a rezoning that matches the existing intensities along U.S. 1, but for
this gentleman to come in here and expect a one point seven two, if he's granted this, all of U.S.
1 has to be rezoned one point seven two. You cannot allow this on a side street. So I
respectfully request that, you know, if this gentleman bought this house in August, he knew he
was buying a house next to U.S. 1. He's knowing what he's getting into. This application
should be deferred today. He should go back, get the SD-19 overlay, and come to this
Commission with the SD-19 overlay, which would match the existing zoning. And at that point,
it would be up to you gentlemen and the neighbors to make a determination.
Mayor Clark: All right.
Mr. McMaster: But without that overlay, this application is way out of line. Thank you.
Mayor Clark: Thank you, sir. You'll have a chance, sir.
Ms. Joyce Nelson: My name is Joyce Nelson, 2535 Inagua.
Mayor Clark: Have you been sworn?
Ms. Nelson: No.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: Thank you.
Ms. Nelson: Thank you. I live behind, a couple streets behind that location, and I hope that the
applicant doesn't take our objections personally, because he seems to be an honest attorney, but
we are concerned about our neighborhood, and that's why this issue is important to us. We live
in a residential neighborhood that goes up to U.S. 1, and there has to be a stop and a start point.
And the stop and the start point was determined back in 1990. And we are extremely scared that
that point is going to change. Just like we were here recently, regarding the property on
Espanola, that they wanted to rezone a lot to make a parking lot in a residential neighborhood
that abuts U.S. 1., it was denied. We are extremely afraid of encroachment upon our streets.
That street has cars parked on both sides of it all day long, making it almost a one-way street,
which, maybe, it should be made a one-way street. It's dangerous for people that live on that
street, I agree. Most of the people there have fences in their yard, and there are people with
dogs, I know, and children, that still live there, and we want to keep the neighborhood the same
way it is. I agree with Jim McMaster's point that, perhaps, we need to have the SD-19 overlay
on this house, but I also don't want any more development on that street.
Mayor Clark: All right. Thank you, ma'am. All right. Mr. Pearson. You got somebody else
that wants to object? Give us your name and address, and be sworn by the Clerk.
Mr. Lee Marks: Lee Marks, 3091 Oak Avenue.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Marks: Thank you. Commissioners, if I may, I know Steve Pearson personally, a resident
of Coconut Grove, and member of the council. If anybody was to appear before you and present
160 December 1, 1994
something in good faith, I can personally attest to the fact that Steve would be that person. He's
an upstanding member of our legal community, and I think the representations he's made to you
should be duly considered, if not now, at a later date. And I just want to speak well on his
behalf, because he is appearing in good faith, and his...
Mayor Clark: Are you in opposition to this item?
Mr. Marks: No, I'm not.
Mayor Clark: OK.
Mr. Marks: Thank you.
Vice Mayor Plummer: Are you in favor of this item?
Mayor Clark: He's in favor of Mr. Pearson.
Mr. Marks: I am in favor of Mr. Pearson's...
Vice Mayor Plummer: But I'm asking, are you in favor...
Mr. Marks: Mr. Plummer, I'm in favor of Mr. Pearson's proposal. I don't think the parking
problem, having run an office out of a home in an area in Coconut Grove, where adjoining
neighbors sometimes have more parking than any legal office, I don't think that consideration
should be unduly persuasive.
Mayor Clark: Thank you, sir. Mr. Pearson, you got a moment or two in rebuttal.
Mr. Pearson: Thank you, Mayor. I'd like to say a couple of comments. One, you must
understand, this property is adjacent already to office use. Second of all, I think that the people
who are speaking in opposition to this petition are not the ones that are directly affected. I've
given the Clerk letters from the people that are the neighbors to this property, the ones that own
property abutting this property, and they have no objection. The gentleman, I'm not sure of his
name, over there, he made the statement that I refused to give one foot of residential - whatever
they call it - zoning along the east side of the property. That is not true. I've always said both
the Zoning and the Planning Adjustment [sic] Boards have had no adverse impact on me, which
is what they represented, that I'd be glad to do that. And lastly, this issue about the SR-19 [sic],
that never came up before today, and my understanding is, that means that I cannot have a floor
plan ratio of more than point four. And I have told both Hearing Boards at the prior hearings
that I had no plans to alter this house. I mean, I like the house, because it's a cute little house. It
would make a nice office. I'm going to do some internal work to it, but it's certainly not my
objective to increase the size of it. And in that sense, I would not object to... And I had
understood this was not even an issue for the first planning map adjustment, but I would not
object to going through that, as long as I could use the house, if you all deem fit to grant my
application, in the interim, while it's going forward, because it's costing me money to wait. And
I was supposed to have had my second hearing this month instead of the first one. And that's it.
Thank you.
Mayor Clark: All right. Let's see what happens. All right. Thank you, Mr. Pearson. What's
the pleasure of the... No, sir, you've...
Mr. Weisberg: Clarification...
Mayor Clark: Sir, you have spoken. The rule is, the applicant speaks, the opposition speaks, he
has rebuttal, the hearing is over.
161 December 1, 1994
Mr. Weisberg: I just wanted to clarify what he said.
Mayor Clark: No, sir. I understand. He clarified it. This is the first time it came up. Mr....
Somebody got a motion here?
Commissioner Gort: Let me tell you. The adjacent neighbors that are in favor of it, this overlay
district, could you go over that again?
i
Mr. Sergio Rodriguez (Assistant City Manager): Yes.
Commissioner Gort: He's asking for what's in existence right next to him; am I correct?
Mr. Rodriguez: No. What is happening is that if you apply the office district only, without the
overlay...
!
j Commissioner Gort: Right.
Mr. Rodriguez: ...the floor/area ratio will be one point seventy-two.
Commissioner Gort: I understand that, but the overlay... Can we, in this, make a motion
attaching the overlay district to it, or do we have to come back to do that?
Mr. Rodriguez: We have to come back.
Commissioner Gort: OK.
Mayor Clark: What do you want to do, Willy?
Commissioner Gort: And the other conditions, we should grant this, and we should grant,
suggesting the Zoning Board, with the one -foot perimeter to the... that would be to the south and
to the east...
Mr. Rodriguez: South and east, mm-hmm.
Commissioner Gort: ... to maintain it residential, that would protect the rest of the area; am I
correct?
Mr. Rodriguez: Right, as to that issue.
Commissioner Gort: OK. I'll make the motion to move with the exception of the one -foot
perimeter on the east and on the south of the property.
Mayor Clark: An accepted change? An accepted change?
Commissioner Gort: Yeah.
Mayor Clark: One question, Mr. Rodriguez.
Mr. Rodriguez: Yes, sir.
Mayor Clark: Can I ask a question? Was this property... When this house was built, was the
property zoned down the middle of the house, one side residential, the other side office? Did
you change the line after...
162 December 1, 1994
Mr. Rodriguez: I couldn't tell you that exactly. Apparently, that was the case.
Mayor Clark: The man had sworn that that was the case. Is that right, Mr. Pearson?
Mr. Rodriguez: Yeah, that was the case, and I mentioned that what happened is that when we
did the rezoning of the whole City and we corrected mistakes, we followed, instead of splitting a
lot, you know, house into two parts, we moved the line.
Mayor Clark: You couldn't split the house, so you split the lot.
Mr. Rodriguez: Right. We split then at that point, we moved the line to have a full lot, you
know, so we wouldn't split the house in two.
Commissioner Gort: For all those reasons, I make that motion.
Mayor Clark: Mr. Gort says that... Read your motion again, will you, Willy?
Commissioner Gort: Mr. Attorney, would you read my motion, please.
Mr. Maxwell: You moved to approve this ordinance, with the exception of a one -foot buffer on
two sides of the property.
Vice Mayor Plummer: Is there a second?
Mayor Clark: Not yet. Do you second? Do you second? Do you second?
Vice Mayor Plummer: OK. Is it proper that we could extract a covenant from... a voluntary
covenant that at no time could he ever tear down the house? See, my concern is that if, at a later
date, he were to tear down that house, and take advantage of the floor/area ratio, whew, up goes
the periscope. And that's my concern.
Mr. Rodriguez: There is another possibility, if you don't mind, that we could do, which is that
we initiate an overlay for this property to take an SD-19 and reduce the floor/area ratio to point
five, like the rest of the property which is initiated by us, and you hold... you might want to go
through your first reading - I don't know if the applicant will be in agreement with this - and
then bring it...
Commissioner Gort: He's stating he is in agreement with it. What's the procedure?
Mr. Rodriguez: We bring it to you at that point, all together, with the overlay of SD-19,
reducing the floor/area ratio to point five. And in that way, I believe that we will be taking care
of all the problems that have been mentioned here today.
Vice Mayor Plummer: That, I can vote for. The other one, I cannot. OK.
Commissioner Gort: Do you need to change my motion, then? How do you need the motion to
read, then?
Mr. Maxwell: You would approve it... I assume you approve...
Commissioner Gort: You would approve it and then you come back with the overlay study.
OK.
163 December 1, 1994
Mr. Rodriguez: Yeah. What you can do...
Mr. Maxwell: Would it... The question I have, sir, would that still retain the one -foot buffer, or
would it be necessary, now?
Vice Mayor Plummer: No, you don't need it.
Commissioner Gort: Then you don't need it.
Mr. Rodriguez: Right. Yes.
Mr. Maxwell: So you pull it off.
Mr. Rodriguez: I think so, because in that way, there will be... You avoid that it will go into the
other lots.
Commissioner Gort: OK. Maintain it.
Mr. Rodriguez: So I think that you can do today the comprehensive plan amendment, which is
item number 11, PZ-11, and then hold on PZ-12 until we can bring the overlay district at the
same time.
Commissioner Gort: OK.
Vice Mayor Plummer: OK. That's fine. I can go along. Because, let me tell you, what's not
being said here today, my colleagues are not aware, you have a mammoth project that I have
heard about coming in at 22nd Avenue and Dixie, and that's that property that used to be the
"Cure AIDS Now." That was before the Zoning Board? Was that approved? Well, it's coming.
Commissioner Gort: Not to my knowledge.
Mr. Rodriguez: Hasn't come at all.
Vice Mayor Plummer: OK. It's coming. All right? Let me tell you.
Mayor Clark: Is that where they sell the fireworks?
j Mr. Rodriguez: Yeah.
Vice Mayor Plummer: That's correct, sir.
Mr. Rodriguez: Pumpkins.
Vice Mayor Plummer: And you got a proposal that's going to be a big, big proposal coming
there.
Mayor Clark: All right. A motion and a second on that. Do you understand it, folks? You
understand the motion?
Mr. Pearson: Could I ask one question, Mayor.
Mayor Clark: Yes, sir.
164 December 1, 1994
Mr. Pearson: If I understand, what they're saying is that I could not get the zoning until
whatever process it takes to go through this overlay occurs. And what I would like to ask, could
I use the property during that interim period, if I submit a covenant that I agree to it?
Mayor Clark: I wouldn't think so.
Vice Mayor Plummer: No.
Mayor Clark: I wouldn't think so. It won't take that long.
Vice Mayor Plummer: You can do it at two hundred and fifty dollars a day, a Code violation.
Mayor Clark: How long would it take, Sergio?
Mr. Maxwell: Plus, Mr. Mayor, you can't do anything until the comprehensive change actually
goes into effect; not only just passed by this Commission, but it will have to go into effect before
the Zoning would even take effect.
Mr. Rodriguez: And that one, Mr. Mayor, will go to Tallahassee, and we would have to wait for
ninety days for them to get back to us.
Mr. Pearson: Well, my question is, why didn't anybody say anything about this back when I
submitted the application? I've represented to the Board that I have no intention of changing this
property, and I've been going along in good faith. I spent a lot of money to advertise, to do
everything that I was supposed to do. And I'm telling you, Commissioner, this hurts me
financially not to be able to move forward, because if you're going to reject it, I would resell the
property immediately. Isn't there some way that I could go ahead and get it zoned office with a
covenant?
Vice Mayor Plummer: No. Let me tell you the problem, Mr. Pearson. The problem is, if we
approve this, in all good faith, and we accept that you are in good faith, if tomorrow, you sell it,
the new owner is not of good faith, we can't stop him.
Mayor Clark: Mr. Pearson...
Mr. Pearson: What if I put a covenant that runs with the land?
Mayor Clark: Sir, you could use twenty-five percent of it.
Mr. Pearson: I'm sorry?
Mayor Clark: You could use twenty-five percent of the home, right now.
Vice Mayor Plummer: Right now, as a home occupation.
Mr. Rodriguez: If he lives there. If he lives there.
Mr. Pearson: Well, my family has a small home, and we live...
Mayor Clark: I understand.
Vice Mayor Plummer: No, but you can use twenty-five percent of that house, right now, as a
home occupation.
165 December 1, 1994
Mayor Clark: For your office.
Mr. Rodriguez: If he lives there, as a home occupation. He has to live in the property.
Vice Mayor Plummer: You know, I love you for telling me that...
Mr. Pearson: I have children and that's just not a...
Vice Mayor Plummer: ...but you don't enforce it down Bayshore Drive.
Mr. Pearson: So there's no way I could put a covenant that runs with the land until this SR... or
SD-19 overlay is accomplished, that I and all future owners would be...?
Vice Mayor Plummer: There's no... At this point, Mr. Pearson, there's no covenant to attach to.
We're not approving the application before us, and you can't approve a covenant to something
that doesn't exist. I understand your dilemma, but that's bureaucracy at its worst. Now, would
you prefer us to deny it and you go ahead and sell it? That's up to you. You give us your option.
Mr. Pearson: No, I'd like to make it my office. But I represented to everybody here, you know,
that I didn't... had no intention of changing the exterior of this thing one bit. I'm going to
beautify it, landscape it, improve it...
Vice Mayor Plummer: You're missing the point. It's not the exterior that we're concerned
about.
Mr. Pearson: No. I understand.
Vice Mayor Plummer: It's the future, that you could go up four or five floors. OK? On a one
point seven four. That's the point.
Mr. Pearson: Well, my problem is that it took till this point to...
Vice Mayor Plummer: I hear you.
Mr. Pearson: ... for this issue to come up.
Mayor Clark: All right. Let's move forward. Call the roll on the motion.
Mr. Walter Foeman (Assistant City Clerk): It's first reading.
Mayor Clark: It's first reading.
Mr. Maxwell: I'm sorry. We need a clarification on the motion on the floor now, Mr. Mayor.
Vice Mayor Plummer: Apply the overlay 19, that's what it is.
Mr. Maxwell: But are you approving it subject to that?
Vice Mayor Plummer: No. We're sending it back to the Zoning Board.
Commissioner Gort: No, no. PZ-11, my understanding is, the motion is to approve
consideration of amending the comprehensive land use development... That is a motion in favor,
to approve. Eleven.
166 December 1, 1994
Mr. Maxwell: OK.
Mr. Rodriguez: All right. And then on PZ-12, you will continue this item.
Commissioner Gort: That's different. That's a change in zoning.
Mr. Rodriguez: Yeah.
Vice Mayor Plummer: Right.
Commissioner Gort: We'll continue that item.
Vice Mayor Plummer: Correct.
Mayor Clark: All right.
Mr. Maxwell: You still want the one foot or you withdrew the one foot?
Mr. Rodriguez: In PZ-11...
Commissioner Gort: In PZ-11, the motion, PZ-11, consideration of amending the
comprehensive land use designation for the property located at approximately 24... That's the
motion, to approve.
Mayor Clark: Call the roll.
167 December 1, 1994
An Ordinance entitled -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN FOR PROPERTY LOCATED AT
2474 SOUTHWEST 27TH TERRACE, BY CHANGING THE LAND USE
DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO OFFICE; MAKING
FINDINGS; INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
was introduced by Commissioner Gort and seconded by Commissioner De Yurre and
was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and announced that copies
were available to the members of the City Commission and to the public.
60. DISCUSS AND CONTINUE (TO JANUARY 26, 1995 MEETING) PROPOSED
FIRST READING ORDINANCE TO AMEND 11000 BY CHANGING
DESIGNATION AT 2474 S.W. 27 TERRACE FROM R-1 SINGLE-FAMILY
RESIDENTIAL TO O-OFFICE -- BRING BACK WITH SD-19 OVERLAY.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Now, the next item.
Commissioner Gort: PZ-12, I move to continue and bring it in front of us as soon as possible to
start the overlay district.
Vice Mayor Plummer: Second.
Mayor Clark: Is there a second?
Vice Mayor Plummer: Second.
Mayor Clark: Cast a unanimous ballot.
168 December 1, 1994
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO. 94-906
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-12
(PROPOSED FIRST READING ORDINANCE TO AMEND ORDINANCE NO.
11000, BY CHANGING THE ZONING CLASSIFICATION FROM R-1 SINGLE-
FAMILY RESIDENTIAL TO O-OFFICE, TO CHANGE THE ZONING
CLASSIFICATION FOR PROPERTY LOCATED AT 2474 S.W. 27TH TERRACE);
FURTHER INSTRUCTING THE ADMINISTRATION TO BRING BACK BEFORE
THE CITY COMMISSION, AT SUCH TIME THAT ANY PROSPECTIVE
OVERLAY FOR THE PROPERTY WOULD BE HEARD, A RECOMMENDATION
AS TO THE APPLICABLE ZONING.
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
----------------------------------------------------------------------------------------------------------------
61. DISCUSS AND CONTINUE PROPOSED RESOLUTION TO APPEAL
ZONING BOARD'S DENIAL OF VARIANCE TO ALLOW REDUCTION OF
SIDE YARD SETBACK FOR PROPOSED ADDITION TO EXISTING CAR
WASH AT 3400 S. DIXIE HIGHWAY -- DIRECT APPLICANT (JAMES
CONFALONE) TO MEET WITH NEIGHBORS OF AFFECTED AREA AND
CITY ADMINISTRATION TO RESOLVE ISSUE CONCERNING
APPROPRIATE LOCATION OF PARKING.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: PZ-13.
Ms. Lourdes Slazyk: PZ-13 is an appeal of a variance which was denied by the Zoning Board
for a reduction of side yard setback by five feet -- ten feet required. It's a commercial property
that abuts an office district. This is at 3400 South Dixie Highway. The Planning, Building and
Zoning recommendation is also for denial. There is no hardship to justify the requested setback
variance for a proposed addition to an existing commercial car wash establishment. Reasonable
use of the property is being achieved without the variance request, and since the proposed edition
is new construction, it should be designed to meet all Zoning requirements. The parking and
vehicular circulation on this site is also currently a problem and could get worse if not addressed
as part of the proposed addition.
Mayor Clark: All right. Your name for the record, please, sir.
169 December 1, 1994
Mr. Herminio San Roman: Good afternoon, Mr. Mayor, Commissioners and staff. My name is
Herminio San Roman, with offices at 6161 Blue Lagoon Drive, in Miami.
Mr. Walter Foeman (Assistant City Clerk): He has to be sworn in.
Mayor Clark: Yes, sir. Proceed.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mayor Clark: All right.
Vice Mayor Plummer: Mr. Mayor, can I inquire, please? What is actually...? I have the thing in
front of me. What are they proposing to do? Where is the so-called problem with the setback?
Is it on the north side, the south side? Where is the problem?
Mr. Sergio Rodriguez (Assistant City Manager): One second. The problem is... hold on a
second. On the...
Vice Mayor Plummer: Here. Show me on mine, if you will. Is it a piece that he presently owns,
or a piece he's going to acquire?
Mr. Rodriguez: He presently owns.
Mayor Clark: They're washing cars there now, aren't they?
Vice Mayor Plummer: That's what I thought. Are you...? Is he putting a new building on the
property? That's very deceiving. I'm sorry.
Ms. Slazyk: No. It's an addition to the second floor, and because the building is a
nonconforming structure.
Vice Mayor Plummer: Of the present building?
Ms. Slazyk: Of the present building.
Vice Mayor Plummer: And they're saying...
Ms. Slazyk: They're going to be doing offices, I believe, their administrative.
Vice Mayor Plummer: Is the setback to the Dixie Highway?
Ms. Slazyk: The setback is... No, it's a side yard setback. It's on the...
Vice Mayor Plummer: Would that be next to the filling station or the office building?
Mr. Rodriguez: The office.
Ms. Slazyk: The office.
Vice Mayor Plummer: And presently, is there...?
170 December 1, 1994
Ms. Slazyk: They're presently five feet away, but to build the second story up to the same line,
the second story, the setback is now ten instead of five. So in order to build that second story,
they need a variance.
Vice Mayor Plummer: So what you're saying is he's got to build the building up, back and up?
Ms. Slazyk: Yeah. The bottom part's grandfathered in. That's a legal, nonconforming
structure. In order to do the second story...
Commissioner Gort: They want a second story to come out the same as the other one.
Mayor Clark: Can't leave without five feet.
Ms. Slazyk: Or set it back five feet.
Vice Mayor Plummer: But why would that be an advantage? I mean, what advantage do we
get - we, the City - by having a second setback? I mean, it makes a building that's irregular in
shape.
Mr. Rodriguez: The advantage that you have is that you're not as close at the lower part to the
next property. And if you'd like to be away... you have another business like this one away from
you, that's what the ordinance envisioned originally, to have ten feet from the property line. By
allowing him to have five feet, you're allowing him to get closer, that's all.
Vice Mayor Plummer: Yeah, but we're not talking about he would have the additional five feet,
because the bottom part of the building is already there.
Mr. Rodriguez: Right, but...
Vice Mayor Plummer: So you're talking about it, at ten -foot level or twelve -foot level, you're
going to put it back another ten feet?
Mr. Rodriguez: Right. Instead of five feet, ten feet. That's all.
Mayor Clark: Let me ask you this: If you build a new building altogether...
Vice Mayor Plummer: Oh, that's a different story.
Ms. Slazyk: It would have to be set back.
Mayor Clark: How close could he get to the line then? Right to the line?
Vice Mayor Plummer: Ten feet.
Mr. Rodriguez: Ten feet.
Ms. Slazyk: Ten feet.
Vice Mayor Plummer: Yeah, that makes sense. But he's not building a new building. He's
putting a second floor.
Mr. Rodriguez: But it's new construction. He could design it in such a way that he could move
it five.
171 December 1, 1994
Ms. Slazyk: There's no hardship.
Mr. Rodriguez: The fact that it's not straight, there's no reason to do it.
Mayor Clark: Well, maybe he has...
Mr. Rodriguez: I mean, any designer can...
Mayor Clark: But Sergio, maybe he has a reason to do it.
Mr. Rodriguez: Oh, yeah, sure.
Mayor Clark: Let's hear.
Mr. James Confalone: I'm Jim Confalone. I run the car wash. And we have a picture here on
what that's going to look like on the back of this. It's... What we have here is, we have the
building, and what we want to do is put a second floor that spans over our driveway and drop it
down within five feet of the lot line, which was allowed up until 1990. And now, they're saying
that we have to do it within ten feet, because they moved the lot line back ten feet. Now, if we
put it ten feet back, it's going to put the columns that hold that floor up right in our driveway,
and we cannot be able to pull in the driveway. It's going to be tight and people are going to be
hitting those columns. Now, I can show you the picture. I think it's on the next page here.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Gort: You have to be on the record, sir.
Mr. Confalone: Coming from Bird Road, what we're going to have here is, this is going to be
the office space that we now have downstairs, here, and we're going to open up the downstairs to
the customers so that they can sit down inside the air conditioning area. It's not going to
increase any more manpower of our people, and what we're going to do is, you're going to drive
underneath this building, right here, and this is the setback, right here, which is five feet instead
of ten. Ten feet would move it over here, and we'd end up with it in the driveway, you see.
Commissioner Gort: Let me ask you a question. The base building goes all the way out, or is it
an open area?
Mr. Confalone: This here is going to be open so you can drive underneath it.
Commissioner Gort: But is the building there in existence now?
Mr. Confalone: No, there is not. It's just a driveway.
Commissioner Gort: There's none. It's an open space.
Mr. Confalone: It's just a driveway. Just a driveway. And we're going to build the driveway
underneath it.
Commissioner Gort: That's the problem.
Mr. Confalone: It's going to be very functional, and, you know, what you have is... See, right
now, I could build this just like it is, without any problem. We meet all the requirements, except
the fact that they moved my setback from ten feet - I mean, pardon me - from five feet from my
wall to ten feet. Now, we could could build this. Initially, this property was zoned for a three-
story office building. We downzoned it when we came before the Board here.
172 December 1, 1994
Mayor Clark: How long have you owned the property?
Mr. Confalone: I've had it about six years. We've had a car wash in operation, it'll be five
years in January.
Mayor Clark: All right, sir. You need any more information there? Let's hear why they object
to it. Come forward and give us your name. Come forward, ma'am. You've been sworn... You
haven't been sworn. Go ahead, ma'am. Give us... Swear...
Commissioner Dawkins: Swear them all in at one time.
Mayor Clark: All of you be sworn in that haven't been sworn in. If you haven't been ...
Ms. Ozie Williams: I was. I was.
Mayor Clark: All right. Please. Go ahead.
Ms. Williams: My name is Ozie M. Williams. I live at 3021 New York Street.
Mayor Clark: Raise your right hand and be sworn by the Clerk. Ms. Armbrister, raise your right
hand.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Plummer: She hasn't been sworn in.
Mayor Clark: Yes, she has.
Ms. Williams: I did, when they swore them in.
Vice Mayor Plummer: Go ahead.
Mayor Clark: Please.
Ms. Williams: The parking is very bad. His employ...
Mayor Clark: The parking is bad.
Ms. Williams: Yes. That's my problem.
Mayor Clark: All right.
Ms. Williams: I have pictures here of the cars in front of my house.
Vice Mayor Plummer: I assume that's employee parking.
Ms. Williams: Right. And they still park there, all but today.
Mayor Clark: Well, they probably saw the light.
Vice Mayor Plummer: Well...
173 December 1, 1994
Mayor Clark: All right, fine. Thank you, ma'am. Give us those pictures, will you?
Commissioner Dawkins: OK. We'll pass them around.
Mayor Clark: It says that you own a lot, adjacent lot that you refuse to use to park the cars of
your employees. Is that right? You own an adjacent lot, there?
Mr. Confalone: Yes, I own it, across the street. The property across the street, which we're
going to be putting our cars into as soon as we open the oil change, which we're right now
permitting to do.
Mayor Clark: All right.
Mr. Confalone: And we have enough space that we can move all the cars there.
Mayor Clark: OK. You're not washing any cars across the street, are you?
Mr. Confalone: No, sir.
Mayor Clark: They say you are.
Mr. Confalone: There's no water there.
Vice Mayor Plummer: No. That's the employee parking.
Ms. Esther Mae Armbrister: On the highway, there is water.
Mayor Clark: All right. Please, now, Mrs. Armbrister. You're against this?
Ms. Armbrister: Yes, sir, I am.
Mayor Clark: Tell us why.
Ms. Armbrister: One reason is, there's too much traffic, and if you were going fast, you going
about forty, forty-five or fifty miles an hour, you would hit somebody. Now, as far as I'm
concerned, the job that they're doing in cleaning the cars and giving the high school kids work to
do to make money is fine, but it's inconvenient and it's sloppy, and on the weekend, on Fridays
and Saturday, it is hard to get cars through there, because they're on the street washing the cars.
Mayor Clark: All right. Thank you, Ms. Armbrister. Yes, sir.
Mr. Howard Weisberg: Howard Weisberg, chairman of the Cocoanut Grove Village Council.
We had a meeting and voted unanimously to deny this variance. We listened to the residents of
that neighborhood. We value that as a residential neighborhood.
Vice Mayor Plummer: That?
Mr. Weisberg: No. Across the street, where they're parking.
Mr. Odio: Oh, oh, OK.
Mr. Weisberg: The residents are being very... Their neighborhood is being deteriorated by the
parking over there. Their lawns are being ruined, their property is being run over. They... We
feel that before any kind of variance can be granted, a permanent parking solution must be found
174 December 1, 1994
for his employee parking, other than in the residents' yards in the adjoining neighborhoods. We
feel...
Mayor Clark: All right, sir.
Vice Mayor Plummer: Well, that's what I was going to try to do, is to tie it to an approval.
Mayor Clark: Yeah. All right.
Mr. Weisberg: Yeah. We feel no bonus should be given on this property till the problems he's
already created in that neighborhood are solved.
Mayor Clark: Thank you, sir. Yes, ma'am.
Vice Mayor Plummer: Mr. Weisberg, what we can do, and hopefully we can do...
Mayor Clark: Tie it together.
Vice Mayor Plummer: ... is tie it together here today. And if he doesn't do one, he loses the
other.
Mayor Clark: Yes, ma'am.
Ms. Joyce Nelson: Hi. My name is Joyce Nelson, 2535 Inagua. I have here photographs that
we presented to the Zoning Board.
Vice Mayor Plummer: We got them.
Ms. Nelson: Pardon?
Vice Mayor Plummer: I assume.
Mayor Clark: We got them.
Ms. Nelson: Yeah. These are the...
Mayor Clark: They're the same thing, almost.
Vice Mayor Plummer: Yeah, it's basically the same.
Ms. Nelson: These are the ones I took Saturday.
Vice Mayor Plummer: OK.
(INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: They're all the same, J.L.
Vice Mayor Plummer: No. These are different.
Ms. Nelson: The attorney came to the Village Council Planning and Zoning meeting, and we
tried to work out some solutions to the parking problem. And one of them, they said that they
were going to park in this residential street that's a dead end off of Bird Road, where there is a
house that he owns, and that they could park in there. And I don't believe the neighbors are in
175 December 1, 1994
favor of that. And so I took some photographs that were taken on Saturday of where some of the
cars are parked. We don't consider that street a parking lot, and we don't appreciate the... I
mean, I know he owns that house, but it doesn't look right with cars parked all over it. So we
didn't find that to be a solution. So, so far, we haven't heard any solution from them as to how
we're going to resolve this, and that's what our problem is.
i
Mayor Clark: They spoke about a lot. Let's find out about that. All right.
i
Vice Mayor Plummer: Well, can I ask of the Department, is the car wash required to have any
amount of parking spaces?
Mr. Sergio Rodriguez (Assistant City Manager): Yes.
Vice Mayor Plummer: How many?
Mr. Rodriguez: One.
Mr. Juan Gonzalez: Employees... Juan Gonzalez, Planning, Building and Zoning. As far as
employees parking, no, a car wash does not require... does not require a certain amount of
parking for the employees, no.
Mr. Rodriguez: But you need parking spaces...
Mr. Gonzalez: Yes. You need... that's for the use, itself. Yes. If I'm not mistaken, a car wash
requires one space for each three hundred square foot.
Mr. Rodriguez: Of building.
Mr. Gonzalez: Of building.
Vice Mayor Plummer: In this particular case, how many would be required?
Commissioner Gort: It's just adding some square footage.
Mayor Clark: Well, add some.
Mr. Rodriguez: What is the square footage in your property?
Mr. Gonzalez: How much is the square footage in the actual building?
Mr. Confalone: The building is approximately - I'm guessing - six thousand feet. But we meet
all the requirements now, and we meet them even with this...
Commissioner Gort: How much is the new addition?
Mr. Confalone: Excuse me?
Commissioner Gort: The new addition.
Mr. Confalone: Thirteen hundred feet. And we've added a handicapped parking spot for that,
plus another spot.
Commissioner Gort: What is it, three hundred?
176 December 1, 1994
Mr. Gonzalez: Yeah. It's divided by three hundred. That would be an additional four parking
spaces.
Mr. Confalone: We meet all the requirements.
Vice Mayor Plummer: Well, let me ask this question. You're speaking of a parking lot that he
is going to be providing. Is that in the residential area?
Mr. Rodriguez: Yeah.
Commissioner Gort: J.L., excuse me a minute. My understanding... My math tells me they
need to provide twenty-one parking.
Mr. Gonzalez: If you divide the building by three hundred square feet, that is correct.
Commissioner Gort: Yeah. Twenty-one hundred... twenty-one parking spaces.
Mr. Gonzalez: And obviously, you cannot have... If this is additional parking, you can have...
You see, if it's required parking, you can have only twenty-five percent off -site, by special
exception. It has to be a commercial zone. You cannot have any access parking, even though
it's not required in a residential zone.
Commissioner Gort: I understand. My question is, if this addition is to be granted here, this
would be twenty-one spaces that we need to apply with. Do they have room in there to have the
twenty-one spaces?
Mr. Gonzalez: Well, I believe, if I'm not mistaken, that addition was signed off for us for the
amount of parking spaces, that is correct. It didn't take into account, obviously, how many
employees and where they're parking, just the requirements.
Mayor Clark: OK. Now, you've heard their challenge, Mr. Attorney.
Mr. San Roman: Yes, sir. First, regarding the pictures, it's true that before September, when we
started meeting with neighbors, we were parking on the property as shown on New York Street.
We met with the neighbors, especially Mr. Rasheed (phonetic), and unfortunately, he's not here
today, and we agreed... and we agreed with them that we would move the cars into that alley on
Elizabeth Street...
Commissioner Gort: Mr. Mayor, let... For the sake of time, why don't we defer this item, let
them go back, get together with the neighbors and Department, and come back with a
comprehensive plan.
Mr. San Roman: Mr....
Vice Mayor Plummer: Sir, sir, we're making you an offer you can't refuse. I can tell you that if
you don't come back with some answers better than what we have this evening, you're going to
lose. Now, I want to try to help you. OK? So I think what you need to do is to take this
deferment and come back. Work with the Department, and try to come back with some answer
that shows where the employee parking can be provided, which is not being provided today.
And I think without... If you don't do that, I think you're in serious trouble. Let's be honest
with each other.
Mayor Clark: All right. Let's...
177 December 1, 1994
Mr. San Roman: Commissioner, we're... we're... Once again, we'll take your advice, but also,
now, for the record, I would also like to put the signatures that we obtained from our immediate
neighbors, supporting our request. And let me read it for the record. It says:
"We live at" - and they state the address - "Coconut Grove, Florida, right across
the street from the car wash, and we never have problems with the parking of the
car wash employees. We have a real good relationship with the car wash. They
keep their place spotless, and we feel it's an asset to our neighborhood. They also
hire a lot of kids from the neighborhood. Some people who are not neighbors of
the area of the car wash do not speak for us. Sincerely yours."
And each of the neighbors, adjacent neighbors, signed off.
Mayor Clark: You better save that. Don't... Just save that. Don't give it to the Clerk now.
You're going to come back anyway.
Mr. San Roman: OK.
Mayor Clark: Motion is to defer. Mr.... You said that, Mr. Plummer?
Vice Mayor Plummer: Yes, sir.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Maxwell: He's read it into the record now. I would suggest to you that you should accept it.
Mayor Clark: All right. Give it to the Clerk.
Mr. Maxwell: Along with those pictures, also, sir.
Mr. San Roman: I did.
Mr. Maxwell: And this document, too.
Mr. San Roman: And the exhibit, yes, sir.
Mayor Clark: The motion is to defer till what date? How long is it going to take them, Sergio?
Vice Mayor Plummer: Well, that's up to them.
Mr. Rodriguez: It's up to them.
Vice Mayor Plummer: Let's try on the 26th of January.
Mr. Rodriguez: Continue till the 26th.
Vice Mayor Plummer: If they're not ready, we'll defer it again.
Mr. Rodriguez: Yeah, because we don't know what other properties they have.
Mayor Clark: If it's not ready then, we'll come back again. All right.
Mr. Rodriguez: We don't know what properties they have that might be applicable.
178 December 1, 1994
Vice Mayor Plummer: Well, but I've indicated they're to work with you. OK?
Mr. Rodriguez: Right. I agree.
Vice Mayor Plummer: If they don't work with you, then they sign their own throat.
Mayor Clark: All right. Cast a unanimous ballot to that, defer it to that time.
Mr. Confalone: Thank you.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.94-907
A MOTION TO CONTINUE CONSIDERATION OF AGENDA ITEM PZ-13
(APPEAL OF THE ZONING BOARD'S DECISION TO ALLOW A REDUCTION OF
A SIDE YARD SETBACK FROM 10'-0", FOR A PROPOSED ADDITION TO AN
EXISTING CAR WASH ESTABLISHMENT LOCATED AT 3400 SOUTH DIXIE
HIGHWAY; ZONED RESTRICTED COMMERCIAL) TO THE PLANNING AND
ZONING MEETING PRESENTLY SCHEDULED FOR JANUARY 26, 1995;
FURTHER REQUESTING THAT DURING THE INTERIM, APPLICANT SHOULD
MEET WITH NEIGHBORS OF THE AFFECTED AREA, THE CITY'S PLANNING
DEPARTMENT STAFF AND COME BACK BEFORE THE COMMISSION WITH A
RESOLUTION OF THE ISSUE CONCERNING THE APPROPRIATE LOCATION
WHERE PARKING CAN BE PROVIDED ON SAID PREMISES.
Upon being seconded by Vice Mayor Plummer, the motion was passed and adopted by
the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
Mayor Clark: Mr. Plummer, may I be excused for a few moments?
Vice Mayor Plummer: Surely, sir.
179 December 1, 1994
----------------------------------------------------------------------------------------------------------------
62. SECOND READING ORDINANCE: AMEND 10544 (MCNP)
INTERPRETATION OF FUTURE LAND USE MAP (SINGLE FAMILY,
DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND
USE PARAGRAPHS) -- TO INCLUDE PROFESSIONAL OFFICES, TOURIST
AND GUEST HOMES, MUSEUMS AS PERMITTED LAND USES ONLY
WITHIN DESIGNATED HISTORIC SITES / DISTRICTS. (Applicant:
Planning, Building & Zoning Dept.)
Vice Mayor Plummer: The next item on the agenda is 14. Item 14.
Mr. Joe McManus: PZ-14 is a second reading ordinance.
Vice Mayor Plummer: The City of Miami is the applicant.
Mr. McManus: The City of Miami is the applicant. It's been recommended by the Planning,
Building and Zoning Department. Approval is recommended by the Planning Advisory Board.
This would amend the comprehensive plan to allow professional offices, tourist and guest
homes, museums, private clubs and lodges among the land uses permitted, only within
designated historic sites or historic districts within the single-family duplex medium density
multifamily residential land use categories.
Vice Mayor Plummer: OK. Is there anyone here who wishes to speak to the issue? You wish to
speak to the issue? Get sworn in and come to the microphone, please. Is there anyone else that
wishes to speak to item 14? The one person that is now recognized is... I'm sorry, two? OK.
Both of you will be sworn in on the issue, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Mr. Ron Nelson: Ron Nelson, 2535 Inagua. Sorry, I just arrived. I'm a little unprepared.
We've worked on this for quite a while. It was basically arrived upon to accommodate one
property that's in our neighborhood and could accommodate some other properties.
Commissioner Plummer, in the first reading, I think you had some worries about the part that
said "private club"...
Vice Mayor Plummer: Correct, sir.
Mr. Nelson... Because it would allow a liquor license, and maybe some late hours of operation.
Vice Mayor Plummer: Correct, sir.
Mr. Nelson: And that is a good point, and it's... I hope it doesn't stop this thing. I hope we can
find a way to include... to cover your concerns. I mean, it is a valid point.
Vice Mayor Plummer: We can always give less. We don't... We can't give more than what's
advertised.
Mr. Nelson: Right. So I will agree with you that that is a good point. I just don't want that to
kill this issue. We just found a way to help...
180 December 1, 1994
Vice Mayor Plummer: Hopefully, we'll extract it from this ordinance relating to private clubs.
Mr. Sergio Rodriguez (Assistant City Manager): Commissioner Plummer, Vice Mayor, this is
not the item that he's discussing. lie's talking about item PZ-17. PZ-14 is an amendment to the
comprehensive plan.
Vice Mayor Plummer: Well, excuse me. I would ask my...
Mr. Rodriguez: What I'm saying is that you cannot put conditions on this one, because it's a
comprehensive plan amendment.
Vice Mayor Plummer: Well, I would ask that the words, "private club," as we know it in our
terminology, be removed. Now, you know, I'm speaking for one. Private clubs allow liquor to
be sold. It also allows a five a.m. closing, and I think that's wrong in any kind of district.
Mr. Nelson: What you're saying is that this still would not allow... that PZ-17, you said it is... is
the one where it would come before the City be denied...
Mr. Rodriguez: Per family. Per house, yeah.
Mr. Nelson: ... would be accepted or denied. In this instance, they still would have, even with
this amendment to the comprehensive plan, it would still not allow it to happen without PZ-17,
correct?
Vice Mayor Plummer: The only way I'll vote for it is "private clubs" is removed from the
ordinance. I can't speak for others, but private clubs, under our terminology, very simple, allows
a five a.m. closing, and it allows the serving of alcoholic beverages, and I don't think that this
kind of thing is what we're trying to encourage. Take it from there. Do you have anything else
you wish to say?
Mr. Nelson: Just that I... that I do want this to go... this item, besides the issue, that Mr.
Plummer has, to go, to be passed.
Ms. Marshall Connally: Ron, can I interrupt you?
Mr. Nelson: Yeah.
Ms. Connally: Commissioner Plummer, I want to withdraw...
Vice Mayor Plummer: You've not been sworn in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Plummer: Your issue has been withdrawn at this time.
Ms. Connally: It's coming up on item 17. It has... it doesn't have to do with this thing. Item
17...
Vice Mayor Plummer: OK. All right.
Ms. Connally: And I'm going to ask for a deferral.
181 December 1, 1994
:_,)
Vice Mayor Plummer: Fine. Let Mr. Nelson finish, please.
Mr. Nelson: OK. Because I... I want to see some of these older homes have a vehicle to be
saved and restored. So that's... this is a vehicle that can allow that to happen. So this...
Vice Mayor Plummer: Fine.
Mr. Nelson: ... is one reason I want it to be. Thank you.
Vice Mayor Plummer: Ma'am.
Unidentified Speaker: He said it all.
Vice Mayor Plummer: He said it all. Anyone else wishing to be heard? I'll close the public
hearing and ask for discussion among members of the Commission. Is there a motion on item
14? I would make a motion that we approve it, with the deletion of the wording, "private clubs."
I'll move it.
Commissioner Gort: With that deletion, I'll second.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN'S GOALS, OBJECTIVES AND POLICIES,
INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, SINGLE FAMILY,
DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE
PARAGRAPHS BY INCLUDING PROFESSIONAL OFFICES, TOURIST AND
GUEST HOMES AND MUSEUMS AS PERMITTED LAND USES ONLY WITHIN
DESIGNATED HISTORIC SITES OR HISTORIC DISTRICTS IN SINGLE FAMILY,
DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE
CATEGORIES; CONTAINING A REPEALER PROVISION, SEVERABILITY
CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
passed on its first reading by title at the meeting of November 17, 1994, was taken up for
its second and final reading by title and adoption. On motion of Vice Mayor Plummer,
seconded by Commissioner Gort, the ordinance was thereupon given its second and final
reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11207.
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.
182 December 1, 1994
COMMENTS MADE DURING ROLL CALL:
Mayor Clark: I'm going to vote for Mr. Plummer. He said he was going to vote for it. I say
vote yes.
NOTE FOR THE RECORD: Although absent during roll call, Vice
Mayor Plummer requested of the Clerk to be shown in agreement
with the motion.
----------------------------------------------------------------------------------------------------------------
63. SECOND READING ORDINANCE: AMEND 10544 (MCNP) (GOALS,
OBJECTIVES AND POLICIES; (INTERPRETATION OF FUTURE LAND
USE PLAN MAP), RECREATION LAND USE PARAGRAPH TO INCLUDE
CITY OF MIAMI OFFICES AMONG LAND USES PERMITTED IN
RECREATION LAND USE CATEGORY. (Applicant: Planning, Building &
Zoning Dept.)
Mayor Clark: All right, next item. What is it, 16?
Mr. Joe McManus: PZ-15. PZ-15 is a second reading ordinance. It's a City of Miami Planning,
Building and Zoning Department item. The Department is recommending approval. The
Planning Advisory Board made a motion to approve, which failed, constituting a denial. This
proposal would allow the location of City government offices and related uses as permitted uses
within the recreational land use category, as an amendment to the recreational land use category
in the comprehensive plan.
Mayor Clark: All right. You want to speak on this?
Mr. Jim McMaster: Yes, sir. Jim McMaster. I'll throw 15 and 16 together. It's my
understanding that there are limitations, percentage limitations on the size of these buildings?
Mr. McManus: In the next item, PZ-16, there are criteria for above and below a three thousand
square foot building, and above and below a ten percent of the park area. Above that criteria
would require major use special permit, approval of the City Commission, and below that point
would require a special exception with City Commission approval.
Mr. McMaster: I'd just like to put on the record, I'm not for this, but if you do decide to pass it,
please include the requirements for percentage and special exception. Thank you.
Commissioner Gort: We requested that. That's why this is here.
Mayor Clark: Thank you. All right. Further? You want to speak on it?
Ms. Joyce Nelson: Yes. Joyce Nelson, 2535 Inagua. And I'm against... I'm still against this
issue, as I was the last time. We just had the dedication of Peacock Park today, and it's a
beautiful, beautiful park, and now you're saying you can put... whatever... ten percent of the
park, three thousand square feet, I don't know. I'm against this issue.
183 December 1, 1994
Mayor Clark: You're in opposition.
Ms. Nelson: We need to have our parks the way they are.
Mayor Clark: You're in opposition. Thank you. All right. Any further comment?
Commissioner Gort: Move it.
Mayor Clark: Public hearing is closed.
Commissioner Gort: Move it.
Mayor Clark: Moved by Mr. Gort. Is there a second? Seconded.
Mayor Clark: Call the roll.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, GOALS,
OBJECTIVES AND POLICIES", "INTERPRETATION OF THE FUTURE LAND USE
PLAN MAP", RECREATION LAND USE PARAGRAPH; TO INCLUDE CITY OF
MIAMI OFFICES AMONG THE LAND USES PERMITTED IN THE RECREATION
LAND USE CATEGORY; DIRECTING TRANSMITTAL TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
passed on its first reading by title at the meeting of November 17, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Gort,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Stephen P. Clark
NAYS: None.
ABSENT: Vice Mayor J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11208.
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.
184 December 1, 1994
----------------------------------------------------------------------------------------------------------------
64. SECOND READING ORDINANCE: AMEND 11000 TEXT, ARTICLE 4,
SECTION 401 (SCHEDULE OF DISTRICT REGULATIONS) -- TO ALLOW
AS A CONDITIONAL PRINCIPAL USE IN PR (PARKS, RECREATION AND
OPEN SPACE ZONE DISTRICT), CITY OF MIAMI, INCLUDING
AUTHORITIES AND AGENCIES THEREOF, ADMINISTRATIVE OFFICES
AND/OR CONFERENCE FACILITIES IN EXCESS OF 3,000 SQUARE FEET
BY MAJOR USE SPECIAL PERMIT, REQUIRING CITY COMMISSION
APPROVAL. (Applicant: Planning, Building & Zoning Dept.)
----------------------------------------------------------------------------------------------------------------
Mayor Clark: Next item, 16.
Mr. Joe McManus: PZ-16 is a companion item, second reading ordinance. It amends the
comprehensive zoning ordinance to allow City of Miami administrative offices in the PR zoning
district, subject to this criteria that I previously described.
Mayor Clark: Entered into the record. All right. The public hearing is closed. Moved by Mr.
Gort. Seconded by Mr. De Yurre. Call the roll.
Vice Mayor Plummer: Excuse me, is this on 17?
Mr. McManus: Sixteen.
Vice Mayor Plummer: Sixteen. All right. Thank you.
An Ordinance entitled -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING:
ARTICLE 4, SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS", TO
ALLOW AS A CONDITIONAL PRINCIPAL USE IN "PR" (PARKS, RECREATION
AND OPEN SPACE ZONE DISTRICT), CITY OF MIAMI, INCLUDING
AUTHORITIES AND AGENCIES THEREOF, ADMINISTRATIVE OFFICES
AND/OR CONFERENCE FACILITIES IN EXCESS OF 3,000 SQUARE FEET BY
MAJOR USE SPECIAL PERMIT, AND LESS THAN 3,000 SQUARE FEET BY
SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
185 December 1, 1994
passed on its first reading by title at the meeting of November 17, 1994, was taken up for
its second and final reading by title and adoption. On motion of Commissioner Gort,
seconded by Commissioner De Yurre, the ordinance was thereupon given its second and
final reading by title and passed and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor J.L. Plummer, Jr.
Mayor Stephen P. Clark
NAYS: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11209.
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. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST
READING ORDINANCE TO AMEND 11000 ATLAS, CHANGING LAND
USE DESIGNATION AT 2521 S. BAYSHORE DRIVE FROM R-1 SINGLE-
FAMILY RESIDENTIAL TO R-1 SINGLE-FAMILY RESIDENTIAL AND HP
HISTORIC PRESERVATION OVERLAY DISTRICT. (Applicant: Florence Y.
Connally.)
Mayor Clark: I understand on 17, Ms. Connally wants to withdraw this thing, or defer it.
Mr. Sergio Rodriguez (Assistant City Manager): Right. We have a letter in the record, that I
would like to introduce for the record from Ms. Connally, asking this item to be deferred.
Mayor Clark: All right. Defer till the next meeting. Motion.
Mr. Rodriguez: No. Defer...
Commissioner Gort: Until they're ready to come back.
Mr. Rodriguez: Without any time limit at this point, until she's ready to come back.
Vice Mayor Plummer: Well, wait a minute. What about, you all tell us to a date certain?
Mr. Rodriguez: Because in this case, she told me, and when I tried to establish a date certain,
whether she would be ready for January or... And she said it would take longer than that. So
rather...
Vice Mayor Plummer: OK. But legally, we don't have to do it to a date certain?
Mr. Rodriguez: Well, if we do it to a date certain, it will save us the advertising and so on.
186
December 1, 19.94
Mayor Clark: Second meeting in February. OK.
Mr. Rodriguez: OK, sir.
Vice Mayor Plummer: That's fine.
Ms. Marshall Connally: Could... Mayor Clark, may I speak? I've already been sworn in.
Mayor Clark: Yes.
Ms. Connally: My name is Marshall Connally, and I'm representing my mother, at 2521 South
Bayshore Drive.
Mayor Clark: We recognize you.
Ms. Connally: Thank you. Why I had asked for a deferral is because I really didn't want to give
this special attention. When I was down here before, I just was not communicating with you all,
because I couldn't understand what you were asking me, because I under... I want to do a very
gracious, elegant place, and you all were talking about this five a.m....
Mayor Clark: Yes.
Ms. Connally: ... wet T-shirt place, and it's just not going to happen. So consequently, I
thought, well, all right, there is a legitimate concern. I checked into it and found out that you
really do have a past history of some bad things. Please don't judge me by what's gone on in the
past. I don't intend that, at all. I'm not local. I hope you all have gotten my letter.
Mayor Clark: Yeah, we got it.
Ms. Connally: The fact that I come into town maybe once a month and I spend five days here. I
don't have more time than that. So consequently, I have to ask you for a lengthy period of time,
like six months or more, in order to accomplish this. I have got...
Mayor Clark: All right. First meeting in June. OK.
Ms. Connally: All right. I...
Vice Mayor Plummer: Second meeting.
Mayor Clark: Second meeting in June.
Ms. Connally: Can I suggest this? Since I have so many alternative uses, and so many... not just
one building, but four buildings to consider, if we have to have a time certain, can we put it back
even further than that, like August or September?
Mayor Clark: How about...
Ms. Connally: I might surprise myself and you.
Mayor Clark: How about December 1995?
Ms. Connally: Well, I don't think I'll need that much time, but if you want to put it then, and if I
can come sooner, I would appreciate it.
187 December 1, 1994
Mayor Clark: All right.
Ms. Connally: Thank you.
Vice Mayor Plummer: Well, the only thing is, and I think you should be on the record, because I
think it's a legitimate concern of the people of the community, that during that period of time,
you will not demolish the building.
Ms. Connally: Oh, no.
Vice Mayor Plummer: OK.
Ms. Connally: No intention.
Vice Mayor Plummer: That was their concern.
Ms. Connally: My mother lives there.
Mayor Clark: OK. Fine. Thank you.
Ms. Connally: She'd disinherit me if I tried to demolish it.
Mayor Clark: First meeting in September, Sergio.
Mr. Rodriguez: The Planning and Zoning meeting in September.
Mayor Clark: All right. Call the roll. Yes, would all in favor, signify by saying "aye."
Opposed, like sign.
----------------------------------------------------------------------------------------------------------------
66. DISCUSS AND CONTINUE (TO JANUARY 26, 1995 MEETING)
CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO
AMEND 11000 TEXT, ARTICLE 4, SECTION 401 (SCHEDULE OF
DISTRICT REGULATIONS) TO ALLOW RETAIL SPECIALTY SHOPS,
INCLUDING SALE OF BOATING / FISHING / DIVING / SWIMMING
SUPPLIES / EQUIPMENT, AND OUTDOOR DISPLAY / SALES OF BOATS
IN PR - PARKS AND RECREATION DISTRICTS AS A CONDITIONAL
ACCESSORY USE BY SPECIAL EXCEPTION. (Applicant: Planning,
Building & Zoning Dept.)
Mayor Clark: Item 18.
Mr. Joe McManus: PZ-18 is a first reading ordinance proposed by the Planning, Building and
Zoning Department. The Planning Advisory Board recommended denial. This proposal would
amend the Zoning Ordinance 11000 to allow exterior sales of boat and boating equipment in
conjunction with retail specialty centers in PR (Parks and Recreation) districts.
Vice Mayor Plummer: Well, let me ask a question, because I think it was brought out before.
Kennedy Park is a PR district?
188 December 1, 1994
Mr. McManus: Yes.
Vice Mayor Plummer: And what you're saying is, this would allow boat sales in Kennedy Park,
or could allow?
Mr. McManus: Could.
Vice Mayor Plummer: No way.
Commissioner Gort: No, wait a minute. I think you amended...
Mr. Rodriguez: With a special exception. The City Commission...
Mr. McManus: Special exception.
Commissioner Gort: You amended that.
Vice Mayor Plummer: Yeah. Because I... there's no way...
Commissioner Gort: No, you amended that. It has to come... It has to come in front of us.
Mr. McManus: Yes.
Mr. Rodriguez: Right.
Commissioner Gort: And my understanding was...
Mr. McManus: Special exception, City Commission approval.
Vice Mayor Plummer: But I understand. I don't even want to...
Mayor Clark:... that in there.
Vice Mayor Plummer: I don't even want that in there. OK? But how do you do it the other
way? That's a good question.
Mr. McManus: Commissioner, could we rephrase this to say that in existing retail specialty
centers, there would be controls over the exterior sales of boating, fishing, diving and swimming
supplies and equipment, and any of that that was added to existing specialty centers again
would...
Vice Mayor Plummer: That's fine, that's fine.
Mr. McManus: Well, again would... Let me finish. Would again require special exception with
City Commission approval, and if there were a new retail specialty center to be introduced into a
PR district, we would not...
Commissioner Dawkins: Why? Why?
Mr. McManus: Well, we're looking ahead, possibly, to Bicentennial Park and the FEC (Florida
East Coast) tract, for that very large development. If that were introduced, we would not include
exterior sales of boats or sales or service of boats...
Vice Mayor Plummer: Well, I think...
189 December 1, 1994
Mr. McManus: ... but it would still require special exception with City Commission approval.
Vice Mayor Plummer: I think your idea is a good one, and I think the conditional use is also a
second safeguard. OK? But I couldn't even envision... I can't even envision that they want to...
would have boat sales in FEC or Bicentennial Park.
Mr. McManus: No. I'm saying we would exclude that.
Vice Mayor Plummer: Yeah.
Mr. McManus: For a new retail specialty center in a PR district, we would exclude boating,
exterior sales of boating, fishing, diving and swimming supplies.
Mayor Clark: Joe, bring it back to us with the proper language, will you?
Mr. McManus: OK. We'll come back next time with the language cleaned up.
Vice Mayor Plummer: Yeah, yeah.
----------------------------------------------------------------------------------------------------------------
67. (A) PROPOSED FIRST READING ORDINANCE TO AMEND 10544
(MCNP) TEXT (GOALS, OBJECTIVES AND POLICIES;
INTERPRETATION OF FUTURE LAND USE PLAN MAP; MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL) TO INCLUDE SMALL
SCALE LIMITED COMMERCIAL ACCESSORY USES.
(B) PROPOSED FIRST READING ORDINANCE TO AMEND 11000
TEXT BY ADDING NEW SECTION 622 (SD-22 FLORIDA AVENUE
SPECIAL DISTRICT).
(C) PROPOSED FIRST READING ORDINANCE TO AMEND 10544
(MCNP), FUTURE LAND USE MAP, BY CHANGING
DESIGNATION FOR PROPERTIES FRONTING FLORIDA AVENUE
FROM MATILDA STREET TO McDONALD STREET (EXCLUDING
KIRK MUNROE PARK) FROM SINGLE FAMILY RESIDENTIAL
TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL.
(D) PROPOSED FIRST READING ORDINANCE TO AMEND 11000
ATLAS FOR PROPERTIES FRONTING FLORIDA AVENUE FROM
MATILDA STREET TO McDONALD STREET (EXCLUDING KIRK
MUNROE PARK) FROM R-1 SINGLE FAMILY RESIDENTIAL TO
SD-22 FLORIDA AVENUE SPECIAL DISTRICT.
----------------------------------------------------------------------------------------------------------------
Mayor Clark: All right. PZ-19.
Mr. Sergio Rodriguez (Assistant City Manager): On PZ-19, let me introduce for the record
something that I received by fax, which I don't know if you have already in your hand, from Mr.
Troy Jacobs.
Mayor Clark: What is it?
Mr. Rodriguez: It's a letter saying that they would not support the position of the Planning
Department recommending approval of this.
190 December 1, 1994
Mayor Clark: They will not support? Well, that's their opinion.
Ms. Lourdes Slazyk: OK. Let me explain PZs 19 through 22, and then I'll address the concerns
in that fax.
Mayor Clark: All right. Please do.
Ms. Slazyk: PZs 19 through 22 are companion items which consist of four pieces of legislation
required to implement the Florida Avenue Special District. As you may recall on April 28,
1994, the Commission passed Resolution 94-295, accepting the Florida Avenue Project in
principle, without the conditions that the PAB (Planning Advisory Board) had imposed at that
time, and with the expressed intent that the final enabling legislation be prepared by the
Administration, restricting the density to something between an R-2 and an R-3, and that parking
be adequately provided for. The Commission resolution further directed the Manager to initiate
additional community workshops with the neighborhood concerning the subject property prior to
implementation of the study as approved. The proposal before you is the final result of meetings
we had with the Florida Avenue neighbors and the intent of the Commission at that time. What
I'd like to do is... PZ-20 is actually the description of the district and the regulations and
guidelines that we're proposing, and PZs 19, 21, and 22 are the atlas and comp. plan
amendments that are necessary to do that.
Vice Mayor Plummer: Excuse me. Are the applicants here?
Ms. Slazyk: The City is the applicant, but some of the Florida Avenue residents are here, if
you'd rather...
Vice Mayor Plummer: Well, let me rephrase that. Is there anyone here present who wants to
speak in favor of the application? You wish to. OK. Just the one? Is that I see... two. OK.
And I'm assuming there are other... Do you wish to speak in favor, sir?
Unidentified Speaker: Sure.
Vice Mayor Plummer: OK. Now, we're grouping this together as 19, 20, 21, and 22, which
basically they are...
Ms. Slazyk: They're companions, yes.
Vice Mayor Plummer: ... in a way, a homogeneous kind of a scenario. OK. And I'm assuming
there are others who wish to speak in opposition.
Commissioner Dawkins: Let them raise their hands.
Vice Mayor Plummer: In opposition. OK. So, now, what else do you have to tell us, from the
Department's standpoint?
Ms. Slazyk: OK. From the Department's standpoint, basically, I just want to describe what the
district is going to be. You have it in your packages. I'll go over some of the requirements and
limitations that we've built in. First of all, class two permits will be required for any new
construction, reconstruction or modification of any of the structures on there, on the street. Also,
exterior improvements, including fences, walls, decorative building features, landscaping,
pavement treatments, color, parking, driveway or signage, or anything else that's visible from
the right-of-way will require class twos. Class twos will be referred to the City's Urban
Development Review Board for the input on the design and the appropriateness for the District.
191 December 1, 1994
Permitted principal uses are going to be limited to residential, up to three units per lot of record.
All of the limited commercial and home occupation uses will be accessory only, and they will
require special permits.
Vice Mayor Plummer: Does that mean that you could have, on a given lot, three families and a
commercial use?
Ms. Slazyk: Right.
Vice Mayor Plummer: As opposed to single...
Ms. Slazyk: As long as it meets parking. No variance...
Vice Mayor Plummer: I'm sorry?
Ms. Slazyk: As long as it meets parking. No variances for parking are going to be allowed.
You can't even apply for it.
Vice Mayor Plummer: OK. But all of those lots that, I think, in there, are uniform, that I know.
Is that correct?
Ms. Slazyk: Some of them are standard five thousand. Some are over.
Vice Mayor Plummer: OK. For example, with three residences and a commercial use, how
much parking would be required?
Ms. Slazyk: There are going to be two spaces required for each unit, and the commercial cannot
exceed eighteen hundred square feet on a standard lot. So you would need nine, nine spaces.
Vice Mayor Plummer: Total.
Ms. Slazyk: If you were going to build it to capacity. Remember the zoning... The way this is
written, it sets out the maximum limit per lot. It doesn't mean everybody is going to develop to
their maximum capacity. The capacity...
Vice Mayor Plummer: But the capacity for each to do that is there.
Ms. Slazyk: Right, but... Right. And they'd have to put nine spaces, and that is a... It can be
done. We've done some parking scenarios...
Vice Mayor Plummer: Is it underground?
Ms. Slazyk: It can be done underground, but that's... We've worked out above -ground
scenarios, and this...
Vice Mayor Plummer: What is the maximum height of the buildings?
Ms. Slazyk: They can be three stories or thirty-six feet, not to exceed thirty-six feet. Three
stories. The reason we put thirty-six in there is so somebody doesn't try and do four stories or
something, you know, short stories. We've also established...
Commissioner Dawkins: Each story will be a unit, or the three stories will be one unit?
Ms. Slazyk: The three stories can be three units, two units, and a commercial. It...
192 December 1, 1994
Commissioner Dawkins: So if a unit...
Ms. Slazyk: They can each...
Commissioner Dawkins: ... is three... I mean, whatever, is three units, then that's six parking
spaces.
Ms. Slazyk: That's right. And then the parking, if they want to do a commercial, they have to
come up with more parking. We're not even giving them the option to get a variance.
Commissioner Dawkins: So if it's three, if the, whatever it is, is commercial and it has three
businesses...
Mr. Rodriguez: No.
Ms. Slazyk: No.
Commissioner Dawkins: ... one on each floor, then it has to come up with twenty-seven parking
spaces.
Vice Mayor Plummer: No, no, no.
Mr. Rodriguez: No.
Ms. Slazyk: No. No more than one limited commercial or home occupation per lot.
Commissioner Dawkins: So, therefore, if you got one commercial on the bottom and the other
two residences, you need nine parking spaces for downstairs, for the commercial.
Vice Mayor Plummer: No. For the...
Commissioner Dawkins: What do you need down... for the commercial?
Ms. Slazyk: It depends on the square footage. The commercial or limited home occupation is at
one space per six hundred square feet. And again, I'm talking on a typical lot of fifty -by -a
hundred, five thousand square foot lot. They can't exceed eighteen hundred square feet on this
commercial, so that's three parking spaces.
Commissioner Dawkins: For the... Even though it's three units, for the lack of a better word,
you still only... You only need three parking spaces?
Mr. Rodriguez: No. Let me see if I can clarify. If you have two residential units in the lot, you
will need for each one of the residential units two parking spaces, so it would be four. And then
for the commercial unit, for lack of a better word, you will need one space per six hundred
square feet. So if you have eighteen hundred square feet, you will need three spaces, plus the
other four, it will be seven. So in the case of one retail area plus two units, you will need seven
parking spaces, if you have eighteen hundred square feet of retail.
Commissioner Dawkins: And you're saying that the lots are...
Mr. Rodriguez: Five thousand.
Commissioner Dawkins: ... five thousand.
193 December 1, 1994
Ms. Slazyk: Some are larger, but there...
Mr. Rodriguez: Minimum five thousand.
Ms. Slazyk: A standard lot is five thousand.
Commissioner Dawkins: Well, let's take an average standard. OK? And the three units would
take up approximately how many square feet?
Ms. Slazyk: It depends how they want to build it, but they can go up to three stories.
Commissioner Dawkins: And then you're going to still have enough square feet left for the
parking spaces?
Mr. Rodriguez: Yes.
Ms. Slazyk: It can be done.
Commissioner Dawkins: Thank you. You sound better. But he's telling me, yes. OK? It can
and it cannot be done, right?
Ms. Slazyk: It depends...
Mr. Rodriguez: It can, yes.
Ms. Slazyk: It can fit.
Mr. Rodriguez: Yes, it can fit.
Ms. Slazyk: It's a tight...
Vice Mayor Plummer: What is the side setback?
Ms. Slazyk: There will be zero side setbacks, and the front will be a... We're establishing a new
definition called a "build to line." We don't want... We want to create a uniform frontage.
Instead of telling some people, you can set back twenty feet, and the next guy, you know, ten,
and... We want to create a certain urban...
Vice Mayor Plummer: You're creating a townhouse effect.
Ms. Slazyk: Yeah.
Mr. Rodriguez: Similar.
Ms. Slazyk: Right, similar.
Mr. Rodriguez: A more intimate scale than you have in the other places.
Ms. Slazyk: And there's design guides and standards that were... that are incorporated here.
Vice Mayor Plummer: How many lots will this affect?
Mr. Rodriguez: I believe like eighteen lots, right?
194 December 1, 1994
Ms. Slazyk: Eighteen.
Vice Mayor Plummer: Eighteen?
Mr. Rodriguez: Right. I believe so.
Vice Mayor Plummer: But I'm asking, how many lots, because the park is not involved.
Ms. Slazyk: No.
Mr. Rodriguez: Right.
Vice Mayor Plummer: And I'm assuming the parking at the other end of the lot is not involved.
Mr. Rodriguez: Right.
Vice Mayor Plummer: Now, if I may, there are three lots down there that are owned by the post
office. Am I correct?
Mr. Rodriguez: Yes, sir.
Vice Mayor Plummer: Now, what's going to happen with those three lots? Because, remember,
the post office can walk in and do whatever the hell they want without our permission, and even
though we might object, they are not bound by our zoning laws. Is there any indication what
they're going to do with those three lots, or has anybody bothered to ask what they're going to
do?
Mr. Joe McManus: Commissioner, we've had correspondence with the real estate office, post
office in Memphis, Tennessee, and they have been following this with interest, and we've been
trying to keep them up to speed on it, what we're doing.
Vice Mayor Plummer: OK. But that's not my point. I mean, are they going to put up a
warehouse kind of a thing on those three lots? Because if it does, then this is not compatible. I
think, you know, we have to have some idea of what's going to happen with those three lots. Is
it going to be an extension of the post office? Is it going to empty back onto Florida Avenue?
Ms. Slazyk: No.
Vice Mayor Plummer: Is that going to be a parking lot to the post office?
Ms. Slazyk: Yeah.
Vice Mayor Plummer: All of that's got to be known, in my estimation.
Ms. Slazyk: Yeah. In my discussions with one of the developers that was speaking to the post
office about developing that, they were planning some kind of a mixed use, and obviously, there
was going to be a parking component to their proposal. But we haven't seen anything concrete
yet, so I kind of hesitate to talk about it.
Vice Mayor Plummer: Are those three lots part of the eighteen that you speak to?
Mr. Rodriguez: Yes.
Vice Mayor Plummer: It does.
195 December 1, 1994
Mr. Rodriguez: Mm-hmm.
Ms. Slazyk: Yeah. And I think they've even said that they...
Vice Mayor Plummer: So I mean, they... Really, it's fifteen lots, because they don't care what
your zoning is, they can do what they want.
Mr. Rodriguez: Right. They have expressed, which you can take it any way you want to, an
interest to work within the framework that we're proposing, and if it is not too restrictive to
them, meaning that they are not opposing it now, but they are not committing themselves to
doing it, either.
Vice Mayor Plummer: OK. The reason I'm asking these questions is, very simply, what is the
potential bottom line? And if each lot has the potential capacity of nine cars, which you say it
does, nine times eighteen is a hundred and sixty-two parking spaces on that street that would be
required. I don't know where in god's name you're going to be able to do that.
Ms. Slazyk: Again, it can be done, especially with an alley.
Vice Mayor Plummer: Excuse me. With a zero setback, side setback, you can't drive a car into
the rear, so either the building is going to have to be put back, which doesn't show here,
sufficiently to allow the nine spaces in the front, and a parking space is ten foot wide. The
maximum you're going to get is five across, and that would be two rows, and you got to have
access in and out. And if there's a business, I assume you have to have the... What's the new
thing? The ADA (Americans with Disabilities Act)? The...
Mr. Rodriguez: Americans with Disabilities Act.
Ms. Slazyk: Yeah. They have to have handicap spaces.
Vice Mayor Plummer: Yeah. You've got to provide handicap parking. I mean, have all of
those things been taken into consideration?
Mr. Rodriguez: Yes, we have.
Ms. Slazyk: Yeah. In the booklet that was prepared, I guess it was handed out.
Vice Mayor Plummer: Yeah.
Ms. Slazyk: There is a bunch of parking solution scenarios, and how it would work, how nine
spaces could be accommodated on one lot with a three-story building. Then on the next page,
we put two and three together and show you how, if somebody were to come in and start
merging these lots, they could get continuous frontage, to look more like that, and only have to
sacrifice the edges of the lots to reach the parking in the back. There's also three and so on.
Also, if one developer were to come in and purchase the whole block, they could do an
underground parking scenario. There are... You know, what I'm trying to say is this...
Vice Mayor Plummer: Except for the cost.
Ms. Slazyk: This ordinance is setting up the framework and the guidelines for the street to
redevelop, and how each lot is developed depends on the ownership and the interest of that
owner to, you know...
196 December 1, 1994
Vice Mayor Plummer: OK. Anything else from the Department? I assume...
Mr. Rodriguez: Let me... There is one more thing for the record. There is also a letter that I
received this afternoon from Dade County Public Schools in relation to PZ-21 that... in which
they are saying that they don't support this at this point.
Vice Mayor Plummer: They do not support it.
Mr. Rodriguez: They do not support it.
Vice Mayor Plummer: OK. And for the record... For the record, I don't know what to do with
this fax that I received from Mr. John Daw, D-A-W, who physically cannot be here. I don't
know whether he wants this as part of the record, because he starts off by saying: "Note, this
text is not to be read by the Commissioners prior to the opening of the public meeting." So I
don't know... Do I surrender this or not? I don't know what to do.
Ms. Slazyk: I think his concern was...
Mr. Joel Maxwell (Assistant City Attorney): Put it... Go ahead and put it in the record.
Vice Mayor Plummer: Excuse me? You know, I'm just trying to make sure that the record is
proper, and... Is that what it is? He's trying to protect against Jennings?
Mr. Maxwell: What he's trying to do is...
Ms. Slazyk: Yeah. He...
Vice Mayor Plummer: OK.
Ms. Slazyk: Yeah. He was...
Mr. Maxwell: What he's trying to do is protect you from Jennings. If you haven't seen...
Vice Mayor Plummer: OK. I swear I did not read it prior to the meeting, except the first
paragraph.
Mr. Maxwell: You can submit it into the record of what...
Vice Mayor Plummer: Put it in the record. Thank you, sir. OK. Now, do you have anything
else?
Ms. Slazyk: All right. The only other thing I wanted to explain was the other amendments. The
text amendment to the comprehensive plan is one that is necessary for the list of limited
commercial uses in this ordinance to be able to be located on these properties, and what I guess
Mr. Tory Jacobs was afraid of is that this is opening up our, you know, multifamily residential
Citywide to these uses, and my answer to that would be that the SD-22 district says that you
need special permits to do these things. It's not by right, and I don't believe that that is opening
up the rest of the City to do anything by right.
Mr. Rodriguez: And also, SD-22 is very specific, to be applicable only to this part of the Grove,
defined by the boundaries which are shown here, and the street name, which is called Florida
Avenue, and so on.
Vice Mayor Plummer: Thank you, sir. Now, based on the fact that the City is the applicant,
who do we hear from first, the people in favor, or the people opposed? Mr. City Attorney?
197 December 1, 1994
Mr. Maxwell: Use your normal procedure, sir.
Vice Mayor Plummer: What is that?
Mr. Maxwell: That's the.., all in favor.
Vice Mayor Plummer: For the ones in favor, speak first. OK. If you'll come... Everybody,
stand up and be sworn that wants to testify. And remember, you have a two minute limit as to
your testifying. Mr. Clerk, would you swear them in, please.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER
ORDINANCE NO. 10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING
ISSUES.
Vice Mayor Plummer: OK. Those people in favor who wish to testify, please come forth to the
microphone. Start by stating your name and your mailing address.
Ms. Barbara Ladyga: My name is Barbara Ladyga, and my address is 3160 Florida Avenue. I
think John Daw did intend to have that letter read, but it did sound a little confusing. There are
parts of it that I might just talk about at this time.
Vice Mayor Plummer: Well, you're free to do it now.
Ms. Ladyga: OK.
Vice Mayor Plummer: The hearing has started.
Ms. Ladyga: OK. But I also wanted to say that, you know, this is something that we have
flexibility on. I mean, this is a plan that an urban designer and people worked on to develop, and
we have flexibility with this. It doesn't have to be, you know, nine parking spaces or a certain
height. We can work with the City to make it a feasible project. We're not committed to, you
know, being exactly to this specific guidelines at this point. We don't, you know... We want to
work with the City. The City has been great to us so far. And there might be ways of dealing
with the height, maybe, that's some consideration. But the one point that is so important is the
mixed use, because of the fact, which I know Mr. Plummer is aware of, and I don't know who
else on the Commission is, of the problems on that street, and we, as the homeowners, have
spent a lot of time trying to figure out a solution, and that, to us, is really the only solution,
because of the eyes on the street mentality. And we are against the way the rest of the design of
the Grove is going behind walls, and that type of development that we think is wrong, and
people are being forced to do that. And we are really trying, with this design, to open the street
up. And it does sound like the parking is the big problem, and that might be something that we
can work with you and figure out. But the main thing is to open that street up and get people
back in those houses, because at this point, people are afraid to live in those houses. And it's a
very, very unusual situation on that street. You're right about the post office. I spoke to the...
There was a developer, a Heinz Company, that had the property for...
Vice Mayor Plummer: Would you wrap it up, please.
Ms. Ladyga: OK. So there are developers that are going to come in and develop that property.
And what we're trying to do is get in before the developers. You, Mr. Plummer, feel that it's
best that we wait for them, but we're afraid if we wait for them that they'll come in and do what
they always do, you know, sort of dictate what goes on. We're trying to create a still "Grovey"
type feeling. And maybe we're off base with parking, but we're not off base with that design
so...
198 December 1, 1994
Vice Mayor Plummer: Thank you, ma'am.
Ms. Ladyga: Thank you.
Vice Mayor Plummer: And my statement was not to defer it or wait for the developers. I was
merely asking, did we have any idea what they were going to be doing. OK, does anybody else
want to speak for the issue? Does anyone else wish to speak? Your name and mailing address,
sir, for the record.
Mr. William Heater: Yes. My name is William Heater. I live at 3979 Poinciana Avenue.
Vice Mayor Plummer: Florida Avenue?
Mr. Heater: I own a property at 3189 Florida Avenue.
Vice Mayor Plummer: OK.
Mr. Heater: In this district.
Vice Mayor Plummer: Thank you, sir. Go ahead. You have two minutes, sir.
Mr. Heater: We've tried, now, for several years to do something to bring about a change in the
street, an improvement. It just continually goes downhill. There's vacant lots in the street and
something is needed to bring in some money to improve this, to solve the problems that are
there, basically. All the people in the area have gotten together. I think this is very well thought
of. We've covered everything that could be covered on this, and, basically, it would be an
improvement for the City of Miami and Coconut Grove, in particular. That's all I have to say.
Vice Mayor Plummer: Thank you, sir. Is there anyone else that wishes to speak for the issue?
Yes, ma'am, if you would, for the record, state your name and mailing address.
Ms. Mildred Miller: My name is Mildred Miller, and my address is 3291 Bird Avenue. I'm an
owner of property on Florida Avenue. It's the same property as Mr. Heater, 3189, I believe it is.
Vice Mayor Plummer: Uh-huh.
Ms. Miller: It's the lot that's a little bigger than the others, mean, if you're interested. Now, I
know there are people having a problem with crime all over Miami. Now, they're hiring a lot of
policemen down South Grove, and they're putting up barricades, but we thought that we'd do
something different, something that presumably would prevent crime without going through all
these other solutions, and we thought this was a good solution, because what it's going to do, it's
going to improve the neighborhood, as far as I can see. I know everybody's screaming about all
the traffic, but, for example, how much traffic is an accounting office going to have? You know,
somebody that's going to be an accountant, how many people are going to be rushing into that
office during the day? One? Two? I know you want parking spaces. We've got plenty of land
to do the parking. They've all worked up very nice scenarios where they can get in the back and
park. I don't know what other problems they have. They don't want to get commercial, but, no,
we're not trying to put a 7-Eleven on this street. We're not trying to put a K-Mart here. We're
trying to put these little shops that would be of service to the people in the community. I've had
my tenants tell me that, if she wants to go anywhere, she's got to get into a car and go barreling
off somewhere. She does not have the kind of services that should be in this area. And that's
i about it.
199 December 1, 1994
Vice Mayor Plummer: Thank you, ma'am. Is there anyone else who wishes to speak in favor of
the issue? You've already spoke once, ma'am.
Ms. Ladyga: Excuse me. I forgot to pass these out. Can I do that?
Vice Mayor Plummer: You can pass it out. Give it to the Clerk and he'll see that it's done.
Once again, anyone else wishing... Sir, if you would, please step up, give us your name, and
mailing address.
Mr. Jack Sander: Good evening, Commissioners. Jack Sander.
Vice Mayor Plummer: Pull the microphone up, please.
Mr. Sander: OK.
Vice Mayor Plummer: Thank you.
Mr. Sander: Good evening. Jack Sander. 3170 Florida Avenue. I'd just like to reiterate what
the first spokesperson, Barbara, mentioned, that we are flexible. That is the maximum of that
plan, obviously, some of us would like to see achieved, but we're willing to work with the City
and get, hopefully, some benefit out of it. We need your help. OK. We didn't come here just
for a handout. The neighborhood association invested about five thousand dollars of their own
monies in the hope of bringing about a better neighborhood situation on Florida Avenue.
Basically, the area is commercial, whether you admit it or not. By the programming you, the
City, allow, there is a spillage of commercialism that we do not get any of the benefit in that
area.
Vice Mayor Plummer: Right.
Mr. Sander: The area is trashed. The property by the post office is not maintained. It's against
City ordinances. I realize they have... You served your powers and they don't pay heed to it, but
the City should come in and at least clean some of the right-of-way on both sides. I spend at
least a half hour or forty-five minutes each day picking up debris and glass. My house was
broken in on November the loth of this year for the second time. It looked like Andrew the
second when I came upon the scene. In fact, I would have felt better if it was Andrew. I could
have calculated some of that risk. We need your help, really. The crime rate on that street, per
capita, I can guarantee you, even though the records might not indicate it, I'm willing to bet, is
the highest, if not one of the highest in South Dade County.
Vice Mayor Plummer: There are those who will argue with you, sir.
Mr. Sander: You don't have kids reporting that are inebriated that their cars got broken into
because the police officer will not let them drive home their vehicle, but I guarantee you, on a
conservative estimate, there's fifty to seventy-five cars that have their windows smashed per
month. I seethe glass...
Vice Mayor Plummer: I'm well aware.
Mr. Sander: Thank you. We need your help. Please entertain those ideas.
Vice Mayor Plummer: Thank you, sir. Is there anyone else that wishes to speak in favor of this
application? All right. How much of the opposition really has to speak? I mean... Because let
me tell you where I'm at right now. OK? It's too much for too little. They're willing to work
with us, and as far as I'm concerned, it's got to be reduced. The density, we cannot handle. I
200 December 1, 1994
mean, you're talking about, in my calculations, a hundred and sixty-two cars as the maximum
capacity. And maybe it wouldn't be a hundred and sixty-two, but that's the potential. We're
looking at tripling the amount of residents on that street. Going from eighteen to fifty-four is
thirty-six additional residents. Now, I think it's got to change. I can't speak for my colleagues,
but let me tell you, I know the street. There are major problems on that street. There's no ifs,
ands or buts, in my mind, that that street has deteriorated, and the car break-ins and the things...
some of the things that take place on that street should not have to be, for people to live in that
kind of a scenario. So I'm saying to you that my vote tonight is not going to be defeat, but to
work with the group, hopefully to reduce the density, which would also reduce the amount of
cars that were necessary, and that's what mine is going to be. And I can't speak for my
colleagues, but that's where I'm at, so you all go ahead and speak as much as you want. Jim,
you start off. Whoever wants to start off is fine with me. All of you have been sworn in, as far
as I know. If you... For the record, if you'll state your name and your mailing address. Let me
reflect that the documents that were given to the City Clerk was a group of names that are in
favor of the document. OK? Well, let's hear a couple, at least, Victor. OK?
Commissioner De Yurre: Well, if we're going to start listening, then we might as well hear and
decide today.
Vice Mayor Plummer: Oh, OK.
Commissioner De Yurre: But if the idea is to defer it...
Vice Mayor Plummer: Whatever you want to do is fine with me.
Commissioner De Yurre: If the idea is to defer and come back with something that's more
palatable, then, you know, make the motion and we'll take it from there.
Vice Mayor Plummer: Is that all right?
Commissioner De Yurre: Unless you want to hear it for us to make a decision, and I'm not
leaning where J.L. is.
Mr. Jim McMaster: I'd just like to interject. I think they've got to drop the commercial idea.
You know, an increase in density... Mrs. Dinkins is willing to have her... If you block off
Florida Avenue, both to the left and to the right, as you go up McDonald, from Grand Avenue,
put a barricade there, take the parking off of the street, Mrs. Dinkins is more than happy to have
a barricade put up. But to have to get rid of the commercial... The post office needs to make a
decision first. We have the Coconut Grove planning study coming down the pike. Two years
ago, the Planning Department had a... did a study about making this block and five lots on Oak
to duplex. A suggestion could be rezoning it to duplex, and then including the planning study.
Vice Mayor Plummer: But, Jim, Jim, be fair. OK? When you bring up that planning study,
according to Sergio, you're talking at least a year off. OK? And I don't think it's fair to ask
applicants to wait a year. That's my opinion.
Mr. McMaster: Well, excuse me. The applicant is the City. The City paid forty-five hundred
dollars for the study. They're paying all... Does the City have money to advertise and pay the
fees to...? These neighbors should get together. They should make a PUD (planned unified
development). They should get with the post office, sell their properties.
Vice Mayor Plummer: Well, I've said that already.
Mr. McMaster: You know, the last two properties... The last two properties that sold on this
street sold for a hundred and thirty-seven thousand dollars, and a hundred and sixty-three
201 December 1, 1994
thousand dollars. The property values in the Central Grove on this street are not going down.
They're going up. Two of these homes have swimming pools. One of the homes, they just
doubled in size. This is not a deteriorating neighborhood. It has a terrible crime problem.
Barricade Mrs. Dinkins' side and their side. Get some enforcement with the Coconut Grove
Trust Fund. The problem is the through traffic. It is not the idea of commercial and eyes on the
street.
Vice Mayor Plummer: Well, let me ask this question of the Administration. Can we do what
they have stated here immediately, putting a barricade at the end of... at McDonald on both
sides? Can we do that right now?
Mr. Rodriguez: No.
Vice Mayor Plummer: I mean, I don't think these people would...
Vice Mayor Plummer: Why?
Mr. Rodriguez: You have to have a hearing, advertising, and so on. So you have property put
from people that might not know about it, might not agree with this.
Mr. Jim Kay: It may also be impacting the school, too, over there, with a barricade on
McDonald.
Commissioner Gort: There's got to be some other solutions. If not, we're going to barricade
ourselves into all our neighborhoods. I mean, we're putting barricades all over the City. There
is a group wanting to do a study, and they're coming up with another solution. These people...
One of the first groups, once I got elected, they came to me with a problem and they wanted to
be part of the solution. I think they've been working with the neighborhood, and they've been
working with our Planning Department. We're always going to have people in opposition.
Vice Mayor Plummer: OK. What...
Commissioner Gort: I'm willing to defer one more time, give an opportunity for everybody to
get together. But these individuals have been working on this for a long time now. They've
been working with our Planning Department, they've been trying to work with the community,
and we're not going to please everybody.
Vice Mayor Plummer: OK. There's a motion to defer. Is there a second?
Commissioner De Yurre: Motion to defer until the second meeting in January.
Vice Mayor Plummer: That would be the next zoning item, yes. Now, I... You're seconding?
Commissioner De Yurre: Well, if you made the motion, I'll second it.
Vice Mayor Plummer: Willy made the motion.
Commissioner De Yurre: I'll second it.
Vice Mayor Plummer: OK. Now, we've got to defer for a reason. OK? Now, what are the
instructions in your motion to the Department for the deferral? I mean, you just don't defer just
to put it off.
202 December 1, 1994
Commissioner De Yurre: But the motion has to be to try to find a meeting of the minds, as much
as we can, between the two sides that we have here. And then we'll decide, one way or another,
based on whatever two options are offered.
Vice Mayor Plummer: That's fine.
Mr. Rodriguez: Can you give us any direction as to the commercial issue? Because that's the
key issue at this point...
Vice Mayor Plummer: Well...
Mr. Rodriguez: ... in which they don't agree. Right?
Commissioner Gort: The commercial... It depends on what you would call the commercial.
Vice Mayor Plummer: What kind?
Commissioner Gort: Presently, right now, in the residential area, there's certain uses. It can be
used... Twenty-five percent of the property can be used for that type of thing. So I think the
same type of commercial they're utilizing at residential areas should be allowed in this one.
Commissioner De Yurre: OK. Can I ask a question? Can you impose a condition that if we
have eighteen lots, that only "X" number, the first, for example, six, are able to have
commercial? And that would minimize the number of commercial spaces you have on the area.
Unidentified Speaker: No.
Commissioner De Yurre: Well, you guys are not the experts, so hold on a second.
Vice Mayor Plummer: Well...
Mr. Rodriguez: Legally, I'm not sure whether you can do that.
Vice Mayor Plummer: All right. Well, you can look into that between now and the next
hearing.
Commissioner De Yurre: Yeah. And that's one of the things that... That's one way that we may
be able to limit it. Say, hey, the first, "X" number that apply for a commercial venture get it, and
then after that, that's it.
Vice Mayor Plummer: OK.
Commissioner Gort: Victor, my understanding is, right now, in a residential area, we can utilize
twenty-five percent for certain commercial use.
Vice Mayor Plummer: That's home. If they live in...
Ms. Slazyk: Home occupation.
Mr. Rodriguez: Home occupation.
Commissioner Gort: Am I correct? Home occupation. Maybe these are the ones that we have
to look at.
203 December 1, 1994
Vice Mayor Plummer: Well, let me add my two cents, if I may. OK? I am not opposed to the
commercial. I'm opposed to what kind of commercial.
Commissioner Gort: That's it.
Vice Mayor Plummer: If you have a CPA (certified public accountant) office, I don't think
anybody would be in opposition to that. But you've got to be able to spell it out, exactly what's
going to be there. I don't want a Food Mart or a 7-Eleven, or any of that other... eighteen
hundred feet of it. OK?
Commissioner De Yurre: And certainly, no funeral homes, either.
Vice Mayor Plummer: Well, now, you know, that's a quiet issue.
Commissioner Gort: They never complain.
Vice Mayor Plummer: All right. There is a motion to defer until the Zoning meeting of January.
We assume that's going to be the 26th of January, but the Mayor has indicated that we might
condense down the January to a two meeting in one day, so everybody should check to make
sure. OK? Is the motion understood to defer? Is there any further discussion among the
Commission? Hearing none, call the roll, please. That is on 19, 20, 21 and 22. Would you call
the roll, please.
The following motion was introduced by Commissioner Gort, who moved its adoption:
MOTION NO.94-908
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS PZ-19
(PROPOSED FIRST READING ORDINANCE TO AMEND THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN "GOALS, OBJECTIVES AND
POLICES, INTERPRETATION OF THE FUTURE LAND USE PLAN MAP", TO
INCLUDE SMALL SCALE LIMITED COMMERCIAL ACCESSORY USES); PZ-20
(PROPOSED FIRST READING ORDINANCE TO AMEND ZONING ORDINANCE,
BY ADDING A NEW SECTION ENTITLED "SD-22 FLORIDA AVENUE SPECIAL
DISTRICT"; PZ-21 (PROPOSED FIRST READING ORDINANCE TO AMEND THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION FROM SINGLE FAMILY RESIDENTIAL TO MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL FOR PROPERTIES FRONTING FLORIDA
AVENUE FROM MATILDA STREET TO MCDONALD STREET, EXCLUDING
KIRK MUNROE PARK), AND PZ-22 (PROPOSED FIRST READING ORDINANCE
TO AMEND THE ZONING ATLAS, FROM R-1 SINGLE FAMILY RESIDENTIAL
TO SD-22 FLORIDA AVENUE SPECIAL DISTRICT FOR THE PROPERTIES
FRONTING FLORIDA AVENUE FROM MATILDA STREET TO MCDONALD
STREET, EXCLUDING KIRK MUNROE PARK) UNTIL THE CITY COMMISSION
MEETING PRESENTLY SCHEDULED FOR JANUARY 26, 1995; FURTHER
INSTRUCTING THE CITY ADMINISTRATION TO HAVE A "MEETING OF THE
MINDS, AS MUCH AS POSSIBLE, BY BOTH SIDES INVOLVING SAID ISSUE,
THEN DERIVE AT THE BEST DECISION BASED ON WHATEVER OPTIONS ARE
AVAILABLE; FURTHER DIRECTING THE ADMINISTRATION TO FURTHER
STUDY THE COMMERCIAL USE CATEGORY, WITHIN THE CATEGORY OF
ALLOWABLE USES, AND RECOMMEND AN ALLOWABLE COMMERCIAL
USE.
204 December 1, 1994
Upon being seconded by Commissioner De Yurre, 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: Is there any other matter to come before this Commission this evening? I
would then like to take this opportunity, since, even though it's the 1st of January and we don't
meet again until the 12th, to give everybody a cool yule and a frantic first. We are in
adjournment.
A. Quinn Jones, III, Esq. (City Attorney): And a happy birthday to you.
Commissioner Gort: Happy birthday to you, Commissioner, Vice Mayor Plummer.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:40 P.M.
Stephen P. Clark
MAYOR
ATTEST:
Walter J. Foeman
ASSISTANT CITY CLERK
205 December 1, 1994