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I N U T E S
OF MEETING HELD ON W0VL!,1BER 23, 1993
REGULAR AND PLANNIAG & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL.
AMENDED
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
November 23, 1993
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
RESCHEDULE BOTH REGULAR AND
R 93-698
2-5
PLANNING AND ZONING CITY
11/23/93
COMMISSION MEETINGS IN DECEMBER
TO TAKE PLACE ON DECEMBER 16,
1993.
2.
BRIEFLY DISCUSS AND DEFER
M 93-699
6-8
CONSIDERATION OF PROPOSED
11/23/93
RESOLUTIONS TO ELECT / REAPPOINT:
(1) A. QUINN JONES, III AS CITY
ATTORNEY, AND (2) MATTY HIRAI AS
CITY CLERK TO MEETING PRESENTLY
SCHEDULED FOR APRIL 14, 1994 --
DIRECT ADMINISTRATION TO SCHEDULE
DISCUSSION OF PROPOSED RESOLUTION
TO ELECT / REAPPOINT CESAR H.
ODIO, CITY MANAGER AT THE SAME
MEETING.
3.
COMMENTS BY MAYOR CLARK
DISCUSSION
8-9
CONCERNING THE FUTURE SCHEDULING
11/23/93
OF PRESENTATIONS, PROCLAMATIONS
AND SPECIAL ITEMS AT COMMISSION
MEETINGS.
4.
ELECT / APPOINT COMMISSIONER
R 93-700
9-10
MILLER J. DAWKINS AS VICE MAYOR
11/23/93
OF THE CITY OF MIAMI -- TO SERVE
A ONE-YEAR TERM, COMMENCING AT
12:00 NOON, ON DECEMBER 1, 1993.
Im
In
5.
(A) MISCELLANEOUS COMMENTS
DISCUSSION
CONCERNING CONSENT AGENDA.
11/23/93
(B) BRIEF COMMENTS CONCERNING:
(1) CA-5 (PROPOSED RESOLUTION TO
ACCEPT BID OF ROYAL ENGINEERING
CONSTRUCTION, FOR CITYWIDE
SIDEWALK REPLACEMENT PROJECT
[FEMA] 2ND BIDDING H-1032); AND
(2) CA-7 (PROPOSED RESOLUTION TO
ACCEPT PROPOSAL OF OCCUPATIONAL
HEALTH SERVICES OF AMERICA, INC.,
TO PROVIDE PHYSICAL EXAMINATIONS
TO DEPARTMENT OF, PERSONNEL
MANAGEMENT).
6.
ALLOCATE $30,000 (FROM BUDGETED
R 93-701
FUNDS OF THE PLANNING, BUILDING &
11/23/93
ZONING DEPARTMENT) FOR PAYMENT OF
COMPENSATION TO SPECIAL COUNSEL
FOR CODE ENFORCEMENT BOARD.
7.
ACCEPT GRANT ( $15, 000 ) FROM
R 93-702
METROPOLITAN DADE COUNTY, 1993-94
11/23/93
CAPITAL DEVELOPMENT GRANTS
PROGRAM, FOR WORK RELATED TO THE
TOWER THEATER RENOVATION
PROJECT -- ALLOCATE MATCHING
FUNDS FROM CIP 321038, LATIN
QUARTER SPECIALTY CENTER.
8.
AUTHORIZE KNIGHTS OF COLUMBUS TO
R 93-703
ERECT A MONUMENT, AT ITS OWN
11/23/93
COST, IN MEMORY OF MEMBERS OF THE
2506 CUBAN BRIGADE, ON CUBAN
MEMORIAL BOULEVARD (S.W. 13
AVENUE BETWEEN S.W. 8 & 10
STREETS), WITH PROVISOS.
9.
CONSENr AGENDA.
DISCUSSION
11/23/93
9.1
ACCEPT BID: JANTECH POWER
R 93-704
SERVICES -- FOR FURNISHING /
11/23/93
INSTALLATION OF 80 UPS BATTERIES
TO THE DON HICKMAN ADMINISTRATION
BUILDING (FOR FIRE -RESCUE DEPT.).
9.2
ACCEPT BID: JANTECH POWER
R 93-705
SERVICES -- FOR FURNISHING FULL
11/23/93
MAINTENANCE SERVICE FOR THE UPS
SYSTEM AT THE DON HICKMAN
BUILDING, ON A CONTRACT BASIS
(FOR FIRE -RESCUE DEPT.).
10-12
13-16
16-17
18-19
19-20
20
21
s
9.3 ACCEPT BID: MULTIPLIER R 93-706
INDUSTRIES -- FOR FURNISHING 650 11/23/93
BATTERIES FOR STX PORTABLE RADIOS
(FOR POLICE DEPT.).
9.4 ACCEPT BID: ROBBIE' S FEED & R 93-707
SUPPLY, INC. -- FOR FURNISHING 11/23/93
HORSE FEED AND SUPPLEMENTS FOR
THE MOUNTED PATROL UNIT OF POLICE
DEPT.
9.5
ACCEPT BID: ROYAL ENGINEERING
R 93-708
CONSTRUCTION -- FOR CITYWIDE
11/23/93
SIDEWALK REPLACEMENT PROJECT
(FEMA) 2ND BIDDING H-1032.
9.6
ACCEPT PROPOSAL: TEMPLETON &
R 93-709
FRANKLIN VETERINARY ASSOCIATES --
11/23/93
FOR FURNISHING VETERINARY
SERVICES (FOR POLICE DEPT.).
9.7
ACCEPT PROPOSAL: OCCUPATIONAL
R 93-710
HEALTH SERVICES OF AMERICA,
11/23/93
INC. -- TO PROVIDE PHYSICAL
EXAMINATIONS (TO PERSONNEL
MANAGEMENT DEPT.).
9.8
AMEND AGREEMENT (DATED APRIL 23,
R 93-711
1993 ) WITH FLEET ENGINEERING
11/23/93
CORPORATION -- TO DESIGN /
DEVELOP / INSTALL A CARBON
MONOXIDE GAS MONITOR FOR 425
POLICE PATROL VEHICLES.
9.9 EXECUTE A LEASE AGREEMENT WITH R 93-712
CITY OF MIAMI DOWNTOWN 11/23/93
DEVELOPMENT AUTHORITY (DDA) FOR
CITY -OWNED PROPERTY WITHIN BASE
OF LASER LIGHT TOWER (LOCATED IN
BAYFRONT PARK), TO BE USED FOR
DDA OFFICE SPACE.
9.10 RECOGNIZE TAX-EXEMPT STATUS R 93-713
CLAIMED BY THE ASSOCIATION FOR 11/23/93
THE DEVELOPMENT OF THE
EXCEPTIONAL -- AUTHORIZE
REIMBURSEMENT OF $7,702.47.
9.11 AUTHORIZE CITY ATTORNEY TO ENGAGE R 93-714
THE LAW FIRMS OF: (1) HOLLAND & 11/23/93
KNIGHT, AND (2) KUBICKI, DRAPER,
GALLAGHER, McGRANE -- TO PROVIDE
BOND COUNSEL SERVICES FOR
FINANCING OF OFF-STREET PARKING
DEPARTMENT'S CONSTRUCTION OF A
PARKING GARAGE AND RELATED REAL
ESTATE TRANSACTION.
21
22
22
23
23
24
24
25
25
9.12 RATIFY CITY MANAGER'S ACTION IN
ESTABLISHING SPECIAL CHARGES /
TERMS / CONDITIONS FOR USE OF
CURTIS PARK SPORTS COMPLEX FOR
SPECIFIED USES (VARSITY FOOTBALL
GAMES SPONSORED BY DADE COUNTY
SENIOR HIGH SCHOOLS) -- FURTHER
AUTHORIZE MANAGER TO NEGOTIATE /
ESTABLISH / APPLY OTHER CHARGES /
TERMS / CONDITIONS FOR USE OF
SAID FACILITY FOR A PERIOD NOT TO
EXCEED 18 MONTHS UNTIL WaRKET
CONDITIONS CAN BE ASSESSED IN
ORDER TO DETERMINE PERMANENT
FEES.
9.13 AUTHORIZE CITY MANAGER TO APPLY
FOR / ACCEPT A FOLLOW—ON GRANT OF
$90,000 FOR TRANSPORTATION /
PLANNING / COORDINATION IN THE
CITY OF MIAMI -- FROM
METROPOLITAN PLANNING
ORGANIZATION FOR THE MIAMI
URBANIZED AREA.
9.14 APPROVE, IN PRINCIPLE,
IMPLEMENTATION OF PROJECT WHEREBY
COUNTRIES WHICH CONSTITUTE THE
AMERICAN CONTINENT WILL BE
REPRESENTED BY INSTALLATION OF
ALUMINUM OFFICIAL SEALS WHICH
WILL BE PLACED ON STREET LIGHT
POLES ALONG RIGHT—OF—WAY IN
DOWNTOWN BUSINESS DISTRICT
(BISCAYNE BOULEVARD BETWEEN S.E.
2 AVENUE AND N.E. 6 STREET) -- TO
BE KNOWN AS: THE AMERICAS MILE.
9.15 EXECUTE AGREEMENTS WITH: (1)
BISCAYNE ENGINEERING COMPANY,
INC., (2) MANUEL G. VERA &
ASSOCIATES, INC., (3) METRIC
ENGINEERING, INC., (4) CAMPANILE
& ASSOCIATES, INC., AND (5)
FERNANDO Z. GATELL, P.L.S.,
INC. -- TO PROVIDE PROFESSIONAL
SURVEYING SERVICES FOR 1994-95
CALENDAR YEARS.
9.16 ESTABLISH SPECIAL CHARGES /
TERMS/ CONDITIONS FOR USE OF
BOBBY MADURO MIAMI BASEBALL
STADIUM BY SOUTH FLORIDA HAITIAN—
AMERICAN SOCCER LEAGUE -- FOR
PRESENTATION OF APPROXIMATELY 30
AMATEUR SOCCER GAMES (NOVEMBER 1,
1993 — JUNE 30, 19 9 4 ) — — EXECUTE
AGREEMENT.
R 93-715
11/23/93
R 93-716
11/23/93
R 93-717
11/23/93
R 93-718
11/23/93
R 93-719
11/23/93
26
27
27
28
9.17 ESTABLISH SPECIAL CHARGES / TERMS R 93-720
/ CONDITIONS FOR USE OF ORANGE 11/23/93
BOWL STADIUM BY INTER/FOREVER
SPORTS -- FOR PRESENTATION OF
"OPERATION GRAND SLAM" (NOVEMBER
20, 1993) -- EXECUTE AGREEMENT.
9.18 ESTABLISH SPECIAL CHARGES / TERMS
/ CONDITIONS FOR USE OF PORTION
OF ORANGE BOWL STADIUM BY MUNDIAL
SPORTS GROUP, INC. -- FOR
PRESENTATION OF SOCCER MATCHES
(ON SELECTED DATES DURING JANUARY
1, 1994 - JANUARY 31, 1995) --
EXECUTE AGREEMENT.
9.19 ESTABLISH SPECIAL CHARGES / TERMS
/ CONDITIONS FOR USE OF BOBBY
MADURO MIAMI BASEBALL STADIUM BY
FEDERACION DE PELOTEROS CUBANOS
EN EL EXILIO -- FOR PRESENTATION
OF AN OLD TIMERS BASEBALL GAME
(DECEMBER 12, 1993) -- EXECUTE
AGREEMENT.
9.20 AUTHORIZE CITY ATTORNEY TO ACCEPT
SETTLEMENT AGREEMENT WITH DADE
COUNTY, WHICH PROVIDES THAT IN
RETURN FOR DADE COUNTY'S PAYMENTS
TO THE CITY, THE CITY WILL
RELEASE DADE COUNTY FROM: (a) ALL
CLAIMS / DEMANDS AGAINST DADE
COUNTY IN THE ELEVENTH JUDICIAL
CIRCUIT COURT (CASE NO. 92-18048
CA-05) ARISING OUT OF DADE
COUNTY'S PRIOR OCCUPATION OF
SECOND FLOOR OF SOUTH WING OF THE
CITY'S FORMER MUNICIPAL JUSTICE
BUILDING (1145 N.W. 11 STREET);
(b) CLAIMS FOR BACK RENT DUE AND
PAST DUE UTILITIES ACCRUING PRIOR
TO DECEMBER 1, 1993 -- EXECUTE
NECESSARY DOCUMENTS.
9.21 EXECUTE LEASE AGREEMENT WITH DADE
COUNTY, AT A MONTHLY RENTAL OF
$12,000, FOR USE OF SPACE AT THE
FORMER MUNICIPAL JUSTICE BUILDING
(1145 N.W. 11 STREET) -- FOR
OPERATION OF AN INTERIM CENTRAL
DETENTION CENTER -- SAID LEASE TO
COMMENCE DECEMBER 1, 1993, ON A
MONTH -TO -MONTH BASIS.
R 93-721
11/23/93
R 93-722
11/23/93
R 93-723
11/23/93
R 93-724
11/23/93
28
29
29
30
30-31
ml
9.22
CODES IGNATE S.E. / S.W. 10 STREET
R 93-725
31
BETWEEN BRICKELL AVENUE AND S.W.
11/23/93
1 AVENUE AS: FITTIPALDI WAY.
9.23
ACCEPT PLAT: TAMIAMI SHOPPING
R 93-726
31
CENTER.
11/23/93
9.24
ACCEPT PLAT: HUGHES COVE.
R 93-727
31-32
11/23/93
10.
EMERGENCY ORDINANCE: AMEND
ORDINANCE
32-33
10934, WHICH ESTABLISHED INITIAL
11098
RESOURCES / APPROPRIATIONS FOR A
11/23/93
SPECIAL REVENUE FUND: DRUG FREE
NEIGHBORHOOD TASK FORCE -- TO
PROVIDE FOR AN INCREASE ($17,286)
AS A RESULT OF A SUCCESSFUL GRANT
APPLICATION.
11.
SECOND READING ORDINANCE: AMEND
ORDINANCE
34-37
CODE CHAPTER 54 -r- ADD NEW
11099
ARTICLE XI, THEREBY REQUIRING
11/23/93
THAT PAY TELEPHONE COMPANIES
ENTER INTO PERMIT AGREEMENTS WITH
THE CITY OF MIAMI FOR THE
ERECTION / CONSTRUCTION /
RECONSTRUCTION / INSTALLATION /
OPERATION / MAINTENANCE /
DISMANTLING / TESTING / REPAIR
AND USE OF PAY TELEPHONES IN /
UPON / ALONG / ACROSS / ABOVE /
OVER AND UNDER PUBLIC RIGHTS -OF -
WAY; SUBJECT TO CERTAIN
CONDITIONS, AND SUBJECT TO
REMOVAL OF DESIGNATED PAY PHONES
AS REQUESTED BY THE CITY
COMMISSION AND ADMINISTRATION --
CITY TO KEEP CONTROL OF DESIGN OF
BOOTHS.
12.
SECOND READING ORDINANCE: AMEND
ORDINANCE
37-38
CODE SECTION 53-151 (RATES AND
11100
CHARGES) , PERTAINING TO
11/23/93
PROCEDURES AND USER FEES AT THE
COCONUT GROVE CONVENTION
CENTER -- THEREBY CHANGING FEES
WHICH ARE DETERMINED BY THE TYPE
OF EVENT BEING HELD.
El
13.
SECOND READING ORDINANCE: AMEND
ORDINANCE 38-39
CODE CHAPTER 2 (ADMINISTRATION),
11101
THEREBY PROVIDING FOR THE CHANGE
11/23/93
OF NAME OF THE FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENT
TO: THE DEPARTMENT OF FIRE -
RESCUE.
14.
FIRST READING ORDINANCE: AMEND
ORDINANCE 39-40
CODE SECTION 38-73 (C) (1) --
FIRST READING
MODIFY QUORUM REQUIREMENT FOR
11/23/93
BAYFRONT PARK MANAGEMENT TRUST
MEETINGS.
15.
FIRST READING ORDINANCE:
ORDINANCE 40-42
ESTABLISH NEW SPECIAL REVENUE
FIRST READING
FUND: EMERGENCY SHELTER GRANT
11/23/93
(FY'93) -- APPROPRIATE $194,000
FROM U.S. DEPT. OF HOUSING AND
URBAN DEVELOPMENT (USHUD) 1993
EMERGENCY SHELTER GRANT.
16.
ACCEPT 1993 EMERGENCY SHELTER
R 93-728 42-43
GRANT FROM U.S. DEPT. OF HOUSING
11/23/93
AND URBAN DEVELOPMENT (USHUD)
($194,000) -- ALLOCATE TO
SPECIFIED AGENCIES FOR PROJECTS
TO PROVIDE SERVICES TO THE
HOMELESS -- EXECUTE AGREEMENTS.
17.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION 43-46
OF PROPOSED FIRST READING
11/23/93
ORDINANCE TO AMEND CODE SECTION
40-239 (BENEFITS) TO ALLOW
TEMPORARY PART-TIME EMPLOYMENT OF
THE CITY'S NON -UNIFORMED
CLASSIFIED SERVICE OF RETIRED
BENEFICIARIES OF THE GENERAL
EMPLOYEES' AND SANITATION
EMPLOYEES' RETIREMENT TRUST, WITH
EXCEPTIONS.
18.
DISCUSS AND DEFER, FOR FURTHER
DISCUSSION 46-47
STUDY, CONSIDERATION OF PROPOSED
11/23/93
FIRST READING ORDINANCE TO AMEND
CODE CHAPTER 54 (STREETS AND
SIDEWALKS), SECTION 54-104
(NONSTANDARD STREET WIDTHS) BY
MODIFYING THE WIDTH OF A CERTAIN
STREET.
19.
APPROVE GRANT OF EASEMENT TO
R 93-729 48-50
METROPOLITAN DADE COUNTY, MIAMI
11/23/93
DADE WATER AND SEWER AUTHORITY
DEPARTMENT CONSISTING OF A 20 FT.
STRIP OF LAND ON BICENTENNIAL
PARK TO CONSTRUCT / INSTALL /
MAINTAIN A 36-INCH WATER MAIN.
20.
REJECT BAYSIDE SEAFOOD RESTAURANT
R 93-730
AND BREWPUB PARTNERSHIP PROJECT
11/23/93
AND LEASE AGREEMENT PERTAINING
THERETO -- TO OPERATE A
RESTAURANT, BREWERY AND MARINE -
RELATED RETAIL FACILITY ON CITY -
OWNED WATERFRONT PROPERTY
ADJACENT TO AND WEST OF THE MIAMI
MARINE STADIUM.
21.
DIRECT CITY MANAGER TO ALLOW
R 93-731
VIRGINIA KEY MARINA, INC.
11/23/93
CONTINUED USE (ON A MONTH -TO -
MONTH BASIS) OF AREA GOVERNED BY
CONCESSION AGREEMENT, AS ASSIGNED
AND AMENDED (DATED MAY 19, 1978),
WITH MARINE STADIUM ENTERPRISES,
INC. -- WITH A DESIGNATED FEE TO
THE CITY OF GROSS REVENUES.
22.
DISCUSS AND DEFER CONSIDERATION
DISCUSSION
OF PROPOSED RESOLUTION TO
11/23/93
ALLOCATE $175,000 OF PREVIOUSLY
APPROPRIATED 19TH YEAR CDBG FUNDS
TO BETTER WAY FOUNDATION, INC.
AND Y.M.C.A. OF GREATER MIAMI --
FOR APPROVED PHYSICAL IMPROVEMENT
PROJECTS -- COMMISSIONER GORT
REQUESTS OF THE ADMINISTRATION A
REPORT ON PAST PERFORMANCE OF
BETTER WAY FOUNDATION.
23.
EXPAND BOUNDARIES OF LITTLE
R 93-732
HAVANA COMMUNITY DEVELOPMENT
11/23/93
TARGET AREA TO THE NORTH AND
WEST -- FOR CDBG PURPOSES.
24. REJECT PROPOSAL SUBMITTED BY R 93-733
LIGHTHOUSE MARINA AND BOATYARD AT 11/23/93
DINNER KEY INC. -- FOR UNIFIED
DEVELOPMENT OF THE' DINNER KEY
BOAT YARD AND MARINA PROPERTY
(2640 S. BAYSHORE DRIVE).
50-52
52-60
60-63
64-65
65-68
25. RATIFY / REAFFIRM DESIGNATION OF
EAST LITTLE HAVANA COMMUNITY
DEVELOPMENT CORPORATION AS
PROJECT SPONSOR TO DEVELOP A LOW
DENSITY RESIDENTIAL HOUSING
PROJECT ON 7 VACANT CITY -OWNED
PARCELS IN EAST LITTLE HAVANA (AT
S.W. 2 AND S.W. 3 STREETS BETWEEN
S.W. 4 AND S.W. 5 AVENUES) --
ESTABLISH $238,525 AS ACQUISITION
AMOUNT TO BE PAID BY SPONSOR TO
THE CITY FOR SAID PARCELS FOR
SUBSEQUENT DEVELOPMENT OF A 22
UNIT AFFORDABLE TOWNHOME
PROJECT -- EXECUTE APPROPRIATE
DOCUMENTS / MEMORANDUM OF
AGREEMENT.
26. AUTHORIZE CITY MANAGER TO MAKE
PURCHASE OFFERS / EXECUTE
AGREEMENTS WITH OWNERS OF 9
VACANT PARCELS OF LAND WITHIN
CITY'S COMMUNITY DEVELOPMENT
TARGET AREAS ($135,000) -- TO BE
USED FOR DEVELOPMENT OF
AFFORDABLE HOUSING FOR LOW AND
MODERATE INCOME FAMILIES IN
CONNECTION WITH THE SCATTERED
SITE AFFORDABLE HOMEOWNERSHIP
DEVELOPMENT PROGRAM -- ALLOCATE
FUNDS FROM CDBG (OVERTOWN
HOMEOWNERSHIP PROGRAM, PROJECT
705214).
27. DISCUSS AND DEFER CONSIDERATION
OF PROPOSED RESOLUTION TO EXECUTE
A CONSTRUCTION LOAN AGREEMENT AND
MORTGAGE WITH CITADEL ARENA
CORPORATION INC. -- FOR A $2.5
MILLION LOAN (UNDER U.S. DEPT. OF
HOUSING AND URBAN DEVELOPMENT
SECTION 108 PROGRAM) -- TO
FINANCE DEVELOPMENT OF A
RESTAURANT / SPORTS BAR COMPLEX
IN SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT DISTRICT
IN SOUTHEAST OVERTOWN COMMUNITY
(N.W. 5 STREET AND N.W. 1
AVENUE).
R 93-734
11/23/93
R 93-735
11/23/93
DISCUSSION
11/23/93
69-70
71-72
73-80
28. AUTHORIZE CITY MANAGER TO R 93-736 80-82
NEGOTIATE / ENTER INTO AGREEMENT 11/23/93
WITH DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) -- TO CONDUCT A
COMPREHENSIVE MULTI -MODAL AND
PEDESTRIAN MASTER DESIGN AND
DEVELOPMENT PLAN FOR THE DOWNTOWN
MIAMI FLAGLER STREET COMMERCIAL
CORRIDOR -- UTILIZING $100,000
PROVIDED BY DADE COUNTY
METROPOLITAN PLANNING
ORGANIZATION (MPO).
29. SUPPORT I - 9 5 DUPONT PLAZA RAMP R 93-737 83-84
CONCEPT PRESENTED IN A DOWNTOWN 11/23/93
DEVELOPMENT AUTHORITY (DDA) STUDY
(DATED SEPTEMBER 30, 1993),
URGING FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) AND DADE
COUNTY METROPOLITAN PLANNING
ORGANIZATION (MPO) TO APPROVE
FUNDING FOR PRELIMINARY DESIGN
AND ENGINEERING FOR FISCAL YEAR
1994.
30. APPROVE ADDITIONAL AMENDMENT TO R 93-738 84-85
EXISTING CONSULTANT CONTRACT WITH 11/23/93
FULLER & SADAO FOR ARCHITECTURAL
/ DESIGN SERVICES FOR
CONSTRUCTION OF IMPROVEMENTS TO
BAYFRONT PARK -- TO INCLUDE SAID
PROFESSIONAL SERVICES FOR DESIGN
/ CONSTRUCTION OF OFFICE SPACE TO
BE LOCATED WITHIN THE BASE OF THE
LASER LIGHT TOWER.
31. RATIFY FINAL EXTENSION OF R 93-739 86-87
CONTRACT WITH FLORIDA EQUIPMENT 11/23/93
AND PARTS ($215,465) -- FOR
LEASING OF TWO BULLDOZERS WITH
OPERATORS / MAINTENANCE
INSURANCE / FUEL IN ORDER TO
CONTINUE HURRICANE DEBRIS REMOVAL
PROCESS -- ALLOCATE FUNDS FROM
FEMA DSR 89807.
32. RATIFY CONTRACT WITH CENTRAL R 93-740 88-89
LANDFILL & RECYCLING CENTER -- 11/23/93
FOR HURRICANE DEBRIS DISPOSAL AND
TIPPING FEES (FOR DEPT. OF GSA
AND SOLID WASTE).
33.
ACCEPT BIDS: (1) MCO
R 93-741
ENVIRONMENTAL, INC., ( 2 ) CBG
11/23/93
ENVIRONMENTAL, INC., (3) SAL'S
ABATEMENT CORPORATION, (4) ACT,
INC., (5) DPC GENERAL
CONTRACTORS, INC., (6) WAYNE
BLACKWELL & COMPANY-, INC., (7)
CNH CONSTRUCTION, INC., AND (8)
CONSOLIDATED TECHNIQUES, INC. --
FOR FURNISHING ASBESTOS ABATEMENT
SERVICES (TO DEPT. OF PLANNING,
BUILDING & ZONING).
34.
ACCEPT BID: ROYAL ENGINEERING
R 93-742
CONSTRUCTION, INC. -- $250,450,
11/23/93
TOTAL BID OF PROPOSAL FOR
CITYWIDE SIDEWALK REPLACEMENT
PROJECT - PHASE VI B-4559 (CIP
341175) -- EXECUTE CONTRACT.
35.
PURCHASE 300 1994 CHEVROLET
R 93-743
CAPRICE PURSUIT VEHICLES (UNDER
11/23/93
EXISTING DADE COUNTY BID 3407-
OEC-CW) FROM ED MORSE CHEVROLET.
36.
APPOINT INDIVIDUAL TO THE
R 93-744
AFRICAN-AMERICAN TOURIST SITE
11/23/93
TASK FORCE. (Appointed was: Dr.
Solomon C. Stinson.)
37.
BRIEF DISCUSSION CONCERNING
DISCUSSION
RECYCLING PICKUP -- NO ACTION
11/23/93
TAKEN.
38.
DISCUSS AND DEFER (TO THE
DISCUSSION
DECEMBER MEETING) CONSIDERATION
11/23/93
OF THE MIAMI SPORTS AND
EXHIBITION AUTHORITY BUDGET.
39. GRANT FUNDING REQUEST BY BILLY R 93-745
ROLLE CONCERNING THE "YOU'VE GOT 11/23/93
A FRIEND" HOLIDAY SHOW FOR SENIOR
CITIZENS.
40. MAYOR CLARK READS INVITATION FROM DISCUSSION
NEIGHBORHOOD RESOURCE TEAM' S 11/23/93
COMMUNITY STREET LEADERS TO
ATTEND THE FIRST COMPREHENSIVE
MIAMI STREET SUMMIT ON YOUTH
CRIME AND STOP THE VIOLENCE
MOVEMENT.
90-91
92-94
95-98
100
101-102
102-105
105
41. .AUTHORIZE INCREASE IN CONTRACT
AMOUNT (NOT TO EXCEED
$203,173.50) WITH CONE
CONSTRUCTORS, INC. -- FOR DINNER
KEY MARINA RESTORATION PHASE II
H-1008 (CIP 414501 & 414005) --
FUNDING TO BE PROVIDED FROM FEMA
FUNDS ALREADY APPROPRIATED TO THE
PROJECT.
42. AUTHORIZE INCREASE IN CONTRACT
AMOUNT ($7,500) WITH SERVICE
STATION AID, INC. -- FOR HEAVY
EQUIPMENT FACILITY ENVIRONMENTAL
CONSULTING / CONSTRUCTION
SERVICES PROJECT B-5579 (CIP
311009).
43. WAIVE CITY CODE PROHIBITION
(SECTIONS 2-301 - 2-304) AS IT
APPLIES TO RICHARD J.
HEISENBOTTLE (WHO SERVES ON THE
HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD) -- TO PROVIDE
ARCHITECTURAL CONSULTANT SERVICES
TO THE DOWNTOWN DEVELOPMENT
AUTHORITY (DDA) FOR
IMPLEMENTATION OF THE $2.5
MILLION EDA GRANT FOR AN
INTERNATIONAL MERCHANDISING MART
PROJECT.
44. DECLARE MOST ADVANTAGEOUS METHOD
TO DEVELOP IMPROVEMENTS ON CITY -
OWNED WATERFRONT LAND IS BY A
UNIFIED DEVELOPMENT PROJECT
(UDP) -- AUTHORIZE RFP -- FOR
DEVELOPMENT OF IMPROVEMENT TO THE
VIRGINIA KEY MARINA WATERFRONT
PROPERTY AT VIRGINIA KEY.
45. DISCUSS AND REFER TO CITY MANAGER
A PROPOSAL FROM MR. SANTIAGO
PELLEGRINI, P.A., (PSYCHOLOGICAL
AND FAMILY SERVICES, INC. AND
ALL-MED MEDICAL CENTER) TO OPEN A
SHELTER FOR BATTERED WOMEN AND
CHILDREN -- REQUEST MR.
PELLEGRINI TO PROVIDE BACKGROUND
INFORMATION ON SAID GROUPS, AND
THE TYPE OF SERVICES PROVIDED, TO
THE CITY COMMISSION -- DIRECT
CITY MANAGER TO COME BACK WITH A
RECOMMENDATION AT THE DECEMBER
MEETING.
R 93-746
11/23/93
R 93-747
11/23/93
R 93-748
11/23/93
R 93-749
11/23/93
R 93-750
11/23/93
105-108
109-110
112-113
113-114
46. STANDARDIZE METHODS / RATES FOR
SALE OF FILL MATERIAL FROM
VIRGINIA KEY STOCKPILE AT
PREVAILING MARKET RATES AND/OR
FOR IN -KIND CONTRIBUTIONS FOR THE
BENEFIT OF THE PUBLIC -- EXECUTE
NECESSARY DOCUMENTS.
47. MAYOR CLARK QUESTIONS LEGAL
REQUIREMENT MANDATING THAT CITY
PLANNING AND ZONING'MEETINGS BE
STARTED AT 5:00 P.M. -- CITY
ATTORNEY DIRECTED TO RESEARCH
POSSIBLE STATUTORY AMENDMENT
WHICH WOULD ALLOW THE CITY TO
COME UNDER AND OPERATE PURSUANT
TO GUIDELINES UNDER F.S. CHAPTER
125 (SAME AS METRO-DADE COUNTY).
R 93-751
11/23/93
DISCUSSION
11/23/93
48. REFER TO CITY MANAGER REQUEST BY M 93-752
SUNSTREET FESTIVAL 11/23/93
REPRESENTATIVES FOR WAIVER OF
CITY PERMIT FEES FOR THEIR EVENT
(DECEMBER 4, 1993) -- MANAGER TO
ULTIMATELY DECIDE.
49. BRIEFLY DISCUSS AND CONTINUE (TO
MEETING PRESENTLY SCHEDULED FOR
JANUARY 27, 1994) CONSIDERATION
OF PROPOSED RESOLUTION TO APPEAL
ZONING BOARD'S REVERSAL OF ZONING
ADMINISTRATOR'S DECISION WHICH
REVOKED CERTAIN BUILDING PERMITS
RESULTING FROM FAILURE OF
APPLICANT TO MEET PREVIOUSLY
IMPOSED CONDITIONS IN CONNECTION
WITH PROPOSED CHINATOWN PROJECT.
(Applicant: Isaac Shih for Miami
Chinese Community Center.
Appellant: Dade Heritage Trust,
Inc.) '
50. BRIEFLY DISCUSS AND CONTINUE (TO
MEETING PRESENTLY SCHEDULED FOR
DECEMBER 16, 1993) CONSIDERATION
OF PROPOSED RESOLUTION TO APPEAL
ZONING BOARD'S DECISION THAT
UPHELD THE PLANNING, BUILDING &
ZONING DIRECTOR'S DECISION
ALLEGING THAT A PRIOR DECISION
(JULY 20, 1993) ALLOWED THE CAR
WASH DEPICTED ON ORIGINAL SITE
PLAN TO BE OMITTED (U.S.1 / S.W.
27 AVENUE). (Applicant:
Resolution Trust Corp. / Haven
Savings. Appellant: Robert V.
Fitzsimmons.)
DISCUSSION
11/23/93
DISCUSSION
11/23/93
115-117
118
118-120
120-121
122-123
51. DENY APPEAL AND UPHOLD ZONING
BOARD'S DECISION TO UPHOLD THE
CLASS I SPECIAL PERMIT
APPLICATION (93-0384) FOR A
PROPOSED SWIMMING POOL FOR SINGLE
FAMILY RESIDENCE (1851 S.W. 36
AVENUE). (Applicant: Olga Campos
Aquila. Appellant: Ofelia
Tabares-Fernandez.)
52. BRIEFLY DISCUSS AND TEMPORARILY
TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO APPEAL SPECIAL
EXCEPTION GRANTED BY ZONING BOARD
AS LISTED IN 11000, (ARTICLE 4,
SECTION 401) R-2 TWO FAMILY
RESIDENTIAL, CONDITIONAL
PRINCIPAL USES, FOR LOTS WITH
MORE THAN 5,000 SQUARE FEET, TO
ALLOW ONE ADDITIONAL DWELLING
UNIT FOR EACH ADDITIONAL 2,500
SQUARE FEET OF LOT AREA, FOR A
TOTAL OF 22 DWELLING UNITS (AT
3036-38-42-44-54 McDONALD STREET
AND 3023-25-27-31-33-39-45-47-49-
71-73 INDIANA STREET). (See
label 59)
53. SECOND READING ORDINANCE: AMEND
11000 TEXT (ARTICLE 6, SPECIAL
DISTRICTS) -- IN ORDER TO ADD NEW
SPECIAL DISTRICT SD-21 SILVER
BLUFF COMMERCIAL OVERLAY DISTRICT
TO ADD REGULATIONS FOR PARKING IN
THE SILVER BLUFF COMMERCIAL
DISTRICT. (Applicant: Planning,
Building & Zoning Dept.)
54. SECOND READING ORDINANCE: AMEND
11000 ATLAS -- ADD NEW SPECIAL
ZONING OVERLAY DISTRICT (SD-21
SILVER BLUFF COMMERCIAL OVERLAY
DISTRICT) TO THE SILVER BLUFF
COMMERCIAL DISTRICT -- FOR
PROPERTIES GENERALLY BOUNDED BY
BOTH SIDES OF S.W. 28 LANE, S.W.
27 STREET, S.W. 24 AVENUE, THE
METRORAIL RIGHT-OF-WAY, AND S.W.
27 AVENUE. (Applicant: Planning,
Building & Zoning Dept.)
e
R 93-753
11/23/93
DISCUSSION
11/23/93
ORDINANCE
11102
11/23/93
ORDINANCE
11103
11/23/93
123-135
135-136
136-137
137-138
55. SECOND READING ORDINANCE: AMEND
CODE CHAPTER 35 (MOTOR VEHICLES
AND TRAFFIC) -- ADD NEW ARTICLE
IX: SILVER BLUFF COMMERCIAL
PARKING IMPROVEMENT TRUST FUND --
ESTABLISHING THE REQUIREMENTS AND
FEES TO BE PAID IN LIEU OF
REQUIRED OFFSTREET PARKING IN THE
SILVER BLUFF COMMERCIAL OVERLAY
DISTRICT. (Applicant: Planning,
Building & Zoning Dept.)
56. SECOND READING ORDINANCE: AMEND
11000 TEXT (GENERAL AND
SUPPLEMENTARY REGULATIONS),
SECTION 939.2 (LIMITATIONS OF CBD
STORAGE FACILITIES) -- TO PERMIT,
BY SPECIAL EXCEPTION, A CBD
STORAGE FACILITY TO OCCUPY ALL OF
THE FLOOR AREA OF AN EXISTING
BUILDING IN THE CBD DISTRICT.
(Applicant: Planning, Building &
Zoning Dept.)
57. SECOND READING ORDINANCE: AMEND
11000 TEXT, ARTICLES 4, 5, 6, 9,
17 AND 25 -- IN ORDER TO CURE
IMPERFECTIONS WHICH BECOME
APPARENT IN THE COURSE OF
ADMINISTERING THE ZONING
ORDINANCE -- PERIODIC REVIEW AND
REFINEMENT OF SAID INSTRUMENT ARE
IMPORTANT IN THE EVOLUTION OF AN
ORDINANCE SUITED TO THE UNIQUE
CHARACTER OF THIS CITY.
58. EXECUTE AGREEMENT WITH CARIBBEAN
LATIN AMERICAN ACTION, INC. -- TO
PROVIDE AN ADDITIONAL $10,000
OVER PREVIOUSLY ALLOCATED
$25,000, IDENTIFIED IN THE
INTERNATIONAL TRADE BOARD BUDGET,
IN CONNECTION WITH THE 1993
AMERICAN CONFERENCE ON THE
CARIBBEAN (NOVEMBER 28 - DECEMBER
2, 1993) -- TO COVER ADDITIONAL
EXHIBITION SPACE /- PROMOTIONAL
ACTIVITIES FOR THE CITY.
ORDINANCE
11104
11/23/93
ORDINANCE
11105
11/23/93
ORDINANCE
11106
11/23/93
R 93-754
11/23/93
139-140
140-141
142-144
144-145
59. (Continued Discussion) DENY R 93-755 146-156
APPEAL -- UPHOLD ZONING BOARD'S 11/23/93
GRANTING OF SPECIAL EXCEPTION AS
LISTED IN 11000 (ARTICLE 4,
SECTION 401) R-2 TWO FAMILY
RESIDENTIAL, ' CONDITIONAL
PRINCIPAL USES, FOR LOTS WITH
MORE THAN 5,000 SQUARE FEET TO
ALLOW ONE ADDITIONAL DWELLING
UNIT FOR EACH ADDITIONAL 2,500
SQUARE FEET OF LOT AREA, FOR A
TOTAL OF 22 DWELLING UNITS (AT
3036-38-42-44-54 McDONALD STREET
AND 3023-25-27-31-33-39--45-47-49-
71-73 INDIANA STREET), WITH
PROVISOS. (See label 52)
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 23 day of November, 1993, 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 9:10 a.m. by Mayor Stephen P. Clark
with the following members of the Commission found to be present:
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
ALSO PRESENT:
Cesar Odio, City Manager
Rafael Diaz, Assistant City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT: A.Q. Jones, City Attorney
An invocation was delivered by Mayor Clark who then led those present in
a pledge of allegiance to the flag.
Mayor Clark: Ladies and gentlemen, I was elected to this Commission thirty
years ago tomorrow. And, I have been out serving the public for that length
of time. And, I return after a very torrid campaign for the office of Mayor
of the City of Miami. And during my campaign trails, I promised, and I will
fulfill that promise, that we will restore the decorum to this Commission. We
will follow a certain rule. We know full well, that myself and my colleagues,
will follow this rule, that we ask the public to follow it, also. We'll have
no interruptions, if one person wants to speak, my colleagues in this
Commission, give me just a little notice and they'll be recognized
immediately. No one interrupts while that person is speaking, that
Commissioner or the Vice Mayor speaking. There be no interruptions from the
crowd. If the crowd... If the people in attendance want to become involved
and became disruptive, they will be asked to leave the roan. This Commission
is going to be a Commission that you are extremely proud of . There are two
members here that are new, and three members that are hold-overs, one
reelected recently, my colleague. Commissioner Miller Dawkins, Commissioner
Willy Gort and myself are new to this process, having some experience over a
period of time. But, we want you to follow these rules. If these rules are
not followed, we would just cancel the meeting and cane back on another day.
That is the only way that we are going to just really restore decorum to this
Commission. We are on television. People watch this Commission meeting from
time to time, and they judge us by our actions, and of course, the
1 November 23, 1993
constituents actions at the Commission meeting. So, I ask you to follow that,
and I will insist that... and also promise that I will give everyone proper
attention to what has taken place, or what is taking place today, if you
properly notify it. No one is going to jump in, out of place, jump ahead, or
try to interfere when someone is speaking. And, I want my colleagues to
follow my advice in this position because it is very important to the people
and the constituency that we serve in this City that there is total decorum on
this Commission. We'd like to notify you also that Commissioner J.L. Plummer
must leave this afternoon at 5 o'clock because he is attending a funeral
service for one of his former aides, a lovely lady, Joan Klein, who passed
away recently in the last day or two. He will not be here after the 5 o'clock
session. I would like to see reinstalled in this Commission a separate day
when we handle all the zoning items. Because when you start to mix zoning up
with the general administration and the Manager's agenda and our agenda here,
I think it carries on too long. I plan to expedite these meetings. Everyone
will have all the time they want to. But, please, don't be repetitive and
cane forward and let us know how you think and what you think about it. Now,
members of the Commission, I hope that you understand my challenge, and ask
you to follow this completely because we will expedite and bring this
Cammission back to the rightful position of decorum that it is entitled to and
deserves. Thank you.
------------------------------------------------------------------------------
1. RESCHEDULE BOTH REGULAR AND PLANNING AND ZONING CITY
COMMISSION MEETINGS IN DECEMBER TO TAKE PLACE ON DECEMBER
16, 1993.
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, just for the record. Hearing your words, I
think it would be only right to say to you that the reason we have always
traditionally done it of recent... of having two meetings in November and in
December is because of the holiday. The second meeting of November being
Thanksgiving, we've combined the two and likewise in December because of
Christmas that we have two meetings in one. And the Manager usually has
worked with us and personally, I would only speak, that I have no problems
with those two meetings there because of the holidays.
Mayor Clark: Thank you, Mr. Plummer. There is a motion in order not to
rename the meeting in December to December the ninth. Is there such a motion,
rather than for December the second?
Commissioner Plummer: I so move.
Mayor Clark: Is there a second?
Commissioner Plummer: To the ninth, or from the second to the ninth?
Mayor Clark: From the second to the ninth.
Commissioner Gort: From the second to the ninth.
Vice Mayor De Yurre: Well, I have a problem with that because I'm not going
to be in town on the ninth. I'm going to be gone that week.
2 November 23, 1993
Commissioner Plummer: Yeah, we changed it because of him.
Vice Mayor De Yurre: Anytime other than that week of the sixth. The 14th
will be fine.
Mayor Clark: Is the 14th agreeable to my colleagues?
Commissioner Plummer: It's tough for me.
Mayor Clark: Mr. Plummer.
Commissioner Plumper: Tuesdays are bad for me. I always set aside... what
about the 16th?
Commissioner Gort: Yes, 16th is fine with me.
Commissioner Plummer: Victor?
Vice Mayor De Yurre: Fine.
Commissioner Plummer: Sixteenth is all right with me.
Mayor Clark: Sixteenth to December. Then Madam Clerk, the next meeting in
January, what will the date be?
Ms. Matty Hirai (City Clerk): In the January one, Mr. Mayor, as marked in
front of you, they have not been changed, so they remain the second and fourth
Thursday of the month.
Mayor Clark: Second and fourth Thursdays, so...
Commissioner Gort: It will be the 13th and the 27th of January.
Mayor Clark: Thirteenth and 27th, all right. Motion in order. Change the
meeting... the next meeting of this Commission to December the 16th. Moved by
Mr. Plummer.
Vice Mayor De Yurre: Second it.
Mayor Clark: Second. Call the roll, Madam Clerk.
3 November 23, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLxTPION NO. 93-698
A RESOLUTION RESCHEDULING THE THE FIRST AND SECOND
REGULAR COMMISSION MEETINGS IN DECIIMBER TO TAKE PLACE
ON DECEMBER 16, 1993 COMMENCING AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Carmissioner Wifredo Gort
Carmissioner Miller J. Dawkins
Carmissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: By memo fron City Manager Cesar
Odio, items CA-20, 34, 39 and 43 were withdrawn.
Mayor Clark: Mr. Manager, on items 34, 39 and 43 and CA-20?
Mr. Cesar Odio (City Manager): Yes, sir, they have been withdrawn after the
agenda was printed.
Mayor Clark: Does it take a motion?
Mr. Odio: No, sir.
Camdssioner Plummer: That's not necessary.
Mayor Clark: All right. First item on... Before we start, congratulations
Mr. Dawkins, and you congratulated me, and congratulations, Mr. Gort.
Commissioner Gort: Thank you, sir.
Mayor Clark: This is going to be a good working group. And, you are going to
be very, very happy with the results of this group.
Commissioner Plummer: I didn't hear Victor say anything.
Mayor Clark: Now, we... We have items...
4 November 23, 1993
Camni.ssioner Gort: Item 4.
Commissioner Plummer: Item 5.
Cammissioner Dawkins: Item 4? No, we have to approve the minutes.
Commissioner Plummer: Do we have any?
Commissioner Gort: We got A, presentations and proclamations.
Mayor Clark: All right, the motion to approve the minutes of the last
meeting.
Ms. Hirai: Yes, Mr. Mayor.
i
Mayor Clark: Moved by Mr. Dawkins.
Vice Mayor De Yurre: Second.
Mayor Clark: Second. Any objections? Hearing none, cast a unanimous ballot,
Madam City Clerk.
NOTE FOR THE RECORD: On a motion duly made
by Commissioner Dawkins and seconded by Vice
Mayor De Yurre, the minutes of Commission
meetings of September 27 and October 14,
1993, were approved by the City Commission.
5 November 23, 1993
i
------------------------------------------------------------------------------
2. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROPOSED
RESOLUTIONS TO ELECT / REAPPOINT: (1) A. QUINN JONES, III AS
CITY ATTORNEY, AND (2) MATTY HIRAI AS CITY CLERK TO MEETING
PRESENTLY SCHEDULED FOR APRIL 14, 1994 -- DIRECT
ADMINISTRATION TO SCHEDULE DISCUSSION OF PROPOSED RESOLUTION
TO ELECT / REAPPOINT CESAR H. ODIO, CITY MANAGER AT THE SAME
MEETING.
------------------------------------------------------------------------------
Camdssioner Dawkins: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Dawkins: According to the Charter, it says; "The Camnission
shall elect the City Manager, Clerk and the City Attorney." We have here only
the City Attorney and the City Clerk. I will make a motion that the Mayor set
a date when we can elect all three of them as per the Charter. And, I so
move.
Mayor Clark: A date?
Commissioner Dawkins: Yes, sir.
Mr. Cesar Odio (City Manager): I am sorry, but the City Manager is not
elected every year. I'm sorry.
Commissioner Dawkins: Commissioner... I read... Mr. City Attorney...
Mr. Rafael Diaz (Assistant City Attorney): Yes, sir.
Commissioner Dawkins: Turn to page 12 of the Charter and read section 4-E.
Mr. Diaz: "The Commission shall elect the City Manger, the Clerk and the City
Attorney... "
Commissioner Dawkins: Thank you, that's far enough. That's in the Charter.
Mayor Clark: All right. You are asking for a date, Mr. Dawkins?
Commissioner Dawkins: Yes, sir.
Mayor Clark: I suggest the first meeting in February.
Ccmmissioner Dawkins: So moved.
Commissioner Plummer: Excuse me. May I, Mr. Mayor. It has always been
traditional that in the month of April is when we have evaluated the Manager.
I would suggest April to keep it, Miller.
Vice Mayor De Yurre: It has been December.
Commissioner Dawkins: What?
6 November 23, 1993
6+ ,r�c7!�
Commissioner Plummer: April is when we've always evaluated the...
Commissioner Dawkins: You are going to evaluate all three of them then? I
have no problems with it.
Commissioner Plummer: OK.
Mayor Clark: Do you have a date?
Commissioner Dawkins: If the Mayor agrees, I have no problem.
Mayor Clark: Do you have the date, Mr. Plummer? The first meeting...
Commissioner Plummer: The first meeting in April, Mr. Mayor.
Mayor Clark: Got that specific, Madam Clerk?
Ms. Matty Hirai (City Clerk): Yes, sir.
Mayor Clark: You have a date?
Ms. Hirai: It is always the second and fourth Thursday of each month, unless
otherwise changed by the City Commission.
f
Mayor Clark: Second... Second Thursday in the month of April.
Commissioner Dawkins: So moved. J.L. moved, I second.
Mayor Clark: Call the roll, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-699
A MOTION DEFERRING ITEMS 4 AND 5 (PROPOSED RESOLUTIONS
ELECTING AND REAPPOINTING (1) A. QUINN JONES, III AS
CITY ATTORNEY, AMID (2) MATTY HIRAI AS CITY CLERK) TO
THE CITY COMMISSION MEETING PRESENTLY SCHEDULED FOR
APRIL 14, 1994; IN ORDER THAT THE CITY COMMISSION MAY
REVIEW ALL THREE POSITIONS DIRECTLY APPOINTED BY THEM
(CITY MAr1AGER, CITY ATTORNEY AND CITY CLERK) AT THE
SAME TIME.
7 November 23, 1993
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Steve Clark
NOES: None.
ABSENT: None.
Commissioner Dawkins: Thank you, Mr. Mayor.
Mayor Clark: Thank you, sir.
- - -
3. COMMENTS BY MAYOR CLARK CONCERNING THE FUTURE SCHEDULING OF
PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS AT COMMISSION
MEETINGS.
------------------------------------------------------------------------------
Mayor Clark: Now we have a specially scheduled item -one through six, and
there are numbered sequence announced by the Commission.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: My understanding is that we might have some presentations
and proclamations. Do we have any?
Mayor Clark: Do we have presentations today?
Commissioner Plummer: I don't see any.
Commissioner Gort: None.
4
Ms. Matty Hirai (City Clerk): We have not been presented with a list.
Commissioner Gort: OK.
Commissioner Plummer: Thank God.
Commissioner Gort: Thank you, Mr. Mayor.
Mayor Clark: Yes. And, if we do have those in the future, Madam Clerk...
Ms. Hirai: Yes.
Mayor Clark: ...I'll be here early every meeting.
8 November 23, 1993
Ms. Hirai: Yes, sir.
Mayor Clark: Do we have to have a Commission present to make the
Proclamations? No, I don't think so. We can do that and save some time,
early, if we have proclamations to present.
Ms. Hirai: Yes, sir.
------------------------------------------------------------------------------
4. ELECT / APPOINT COMMISSIONER MILLER J. DAWKINS AS VICE MAYOR
OF THE CITY OF MIAMI -- TO SERVE A ONE-YEAR TERM, COMMENCING
AT 12:00 NOON, ON DECEMBER 1, 1993.
Mayor Clark: The consent... The specially scheduled items one through six.
Commissioner Dawkins: Pull five, Mr. Mayor. Mr. Mayor, please.
Mayor Clark: Sir.
Commissioner Plummer: We are not on the consent agenda. The next is the Vice
Mayor, item number six before the consent.
Vice Mayor De Yurre: Yes. Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor De Yurre: We follow a format here which is quite informal, but
it's adhered to closely that we rotate the Vice Mayor's position annually
starting on the first meeting of December. In fact, starting December one.
And this rotation, the next Commissioner to serve as Vice Mayor would be
Commissioner Dawkins who sits in seat group five. And, I would so move for
him to be appointed Vice Mayor for the next one year period.
Commissioner Plummer: Second.
Mayor Clark: No discussion?
Commissioner Plummer: Well, I feel neglected, Mr. Mayor, I've only had it six
times, and I'm sure he'll vote for me next year.
Mayor Clark: Yes. Well, you swore him in, he should. Call the roll, Madam
Clerk.
9 November 23, 1993
HL
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-700
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER
MILLER J. DAWKINS AS VICE -MAYOR OF THE CITY OF MIAMI,
FIARIDA, TO SERVE A ONE YEAR TERM, COMME1CING AT 12:00
NOON ON DECEMBER 1, 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Vice Mayor De Yurre: J.L., that beard of yours, in the second thought, it's
better if you grow it back. It will look a lot better.
Commissioner Dawkins: Mr. Mayor, usually...
Commissioner Plummer: You are no longer the mini -Mayor.
Mayor Clark: Please, please, please. Mr. Dawkins, you have the floor.
-----------------------------------------------------------------------------
5. (A) MISCELLANEOUS COMMENTS CONCERNING CONSENT AGENDA.
(B) BRIEF COMMENTS CONCERNING: (1) CA-5 (PROPOSED RESOLUTION TO ACCEPT
BID OF ROYAL ENGINEERING CONSTRUCTION, FOR CITYWIDE SIDEWALK
REPLACEMENT PROJECT [FEMA] 2ND BIDDING H-1032); AND (2) CA-7
(PROPOSED RESOLUTION TO ACCEPT PROPOSAL OF OCCUPATIONAL HEALTH
SERVICES OF AMERICA, INC., TO PROVIDE PHYSICAL EXAMINATIONS TO
DEPAR5MU OF PERSONNEL MANAGRMU).
Commissioner Dawkins: Usually when we have the consent agenda... when
something we just want to discuss, we usually pull it. And, I'll like to pull
five and 20 just for clarification please.
Mayor Clark: Five and 20?
Commissioner Plummer: Five and 20?
10 November 23, 1993
Mayor Clark: CA-5, the award of bid of...
Commissioner Plummer: Mr. Mayor, hearing no one else with any objections...
Commissioner Gort: Well, I...
information purpose, 28.
Commissioner Plummer: Twenty-eight?
Commissioner Gort: Yes.
Excuse me, I'll like to pull just for
Commissioner Plummer: Twenty, I understand has already been withdrawn. So,
it is just five and 28.
Commissioner Dawkins: Five was withdrawn?
Commissioner Plummer: That's according to the Manager.
Mayor Clark: All right, on CA-5, for the record, it's a resolution awarding
contract for the Citywide Sidewalk Replacement Project, FEMA (Federal
Emergency Management Agency), second bidding. Yes, sir, give us your name for
the record.
Mr. Jim Kay: Mr. Mayor and members of the Commission, Jim Kay, Deputy
i Director of Public Works. I'm here to respond to any questions on CA-5.
Commissioner Dawkins: I have two questions Mr. McManus (sic). The first one
is why is there... I mean why was there such a difference between the two
bids? One bid came in at a hundred and eighty some thousand dollars and one
bid comes in at $52,000?
Mr. Kay: I think the second bidder made a mistake because Royal Engineering
has had several contracts with us on sidewalk replacements and has been doing
quite well. We saw no reason to even telephone the next bidder, his prices
were so far out of line and Royal's are close to our estimate.
Commissioner Dawkins: What I'm trying to say is how could one company bid
$52,000? I mean you need to explain it to me. I am not the technician. One
company bids $52,000 and another company bidding on the same job, bid
$185,000. I just need to know if you can explain it to me, that's all.
Mr. Kay: All right. There is, again, we did not call the second low bidder,
so we have no explanation for his cost being so high...
Commissioner Dawkins: OK.
Mr. Kay: ...because the low bid was in line with our estimate.
Commissioner Dawkins: OK, now, this same company who got the bid for $52,000
has another bid, number 33, same work, same job...
Mr. Kay: Yes, sir.
11 November 23, 1993
Commissioner Dawkins: ...for $250,450, same company.
Mr. Kay: Yes, sir.
Commissioner Dawkins: Why?
Mr. Kay: Well, the first job had only 5,200 square feet of sidewalk in it,
the second job for $252,000 had 5,500 square feet of side walk in it.
Camuissioner Dawkins: OK, no further questioning, Mr. Mayor.
Commissioner Gort: Mr. Mayor, may I ask a question while we have him here?
Mayor Clark: Yes, sir, please.
Commissioner Gort: In reading this and going through this last week, the cost
estimate, is that calculated by your department?
Mr. Kay: Yes, sir. Yes, sir.
Commissioner Gort: So, more or less you have a base where to go from?
Mr. Kay: Yes, sir.
Commissioner Gort: OK, thank you. Thank you, Mr. Mayor.
Mayor Clark: Any further questions? We'll move to what CA-7?
Commissioner Plummer: Twenty-eight.
Commissioner Gort: Twenty-eight.
Mayor Clark: Let's look at CA-7 for just a moment. Mr. Manager, why did the
Government Center and Health Services, Incorporated, score so low on the
experience with governmental agencies, and performing physical exams when they
performed the exams for the County? One question. Why are the scores for
price so similar, and the cost rate from $27,000 to $78,000?
Ms. Renee Jones: Good morning. Mr. Mayor, my name is Renee Jones, I am with
the Department of Personnel Management. And, with regard to Government
Center, we had to look specifically at the facility located at the Metro Dade
office complex. Metro... The Government Center is an affiliate of Mount
Sinai, and we can only use the years of experience that the Government Center
has actually been performing physicals.
Mayor Clark: All right. Thank you, ma'am. The next item coming up CA?
Commissioner Gort: Twenty-eight.
Mayor Clark: Twenty-eight.
12 November 23, 1993
J
------------------------------------------------------------------------------
6. ALLOCATE $30,000 (FROM BUDGETED FUNDS OF THE PLANNING,
BUILDING & ZONING DEPARTMENT) FOR PAYMENT OF COMPENSATION TO
SPECIAL COUNSEL FOR CODE ENFORCEMENT BOARD.
------------------------------------------------------------------------------
Vice Mayor De Yurre: And, Mr. Mayor, I'm going to have to take a look at CA-
12 also.
Mayor Clark: CA-12, and Mr. De Yurre we'll go to that.
Vice Mayor De Yurre: I had a question on this. We have - and this is mostly
directed to the City Attorney's office - we have attorneys that serve on
certain boards, Code Enforcement, Zoning and Planning, we have our own
attorneys. But, we have outside counsel that work on the Code Enforcement
Board and one of the Civil Service Board.
Mr. Rafael Diaz (Assistant City Attorney): That's correct.
Vice Mayor De Yurre: OK, now, my understanding is that basically when we hire
outside help, law firms to help us and assist us when we have conflicts or we
need special assistance on some matters, that we usually get a special rate of
about $125.00 an hour, give or take?
Mr. Diaz: Yes, sir. Give or take.
Vice Mayor De Yurre: OK. And, talking... both, in fact, the Civil Service
and also the Code Enforcement, these attorneys have been there for a number of
years, I think at least for about four or five years they've been serving
there. And, I looked at the amount of time they put in basically in a monthly
basis which is about 20 hours and when I came up to the 18,000 figure, it's
way less than a $125.00, it's like maybe 70, $75.00 an hour that they are
getting paid. And, these are people that are actually working on a regular
basis with us for a number of years. I would like to see this amount, if
possible, reflect more that $125.00 an hour fee that other attorneys that work
from the outside... you know that it came to that amount, which is basically
around $30,000 a year. And, I don't know if... I imagine that we have that in
our budget, that we can allocate it from Code Enforcement, particularly if we
start enforcing and collecting some of our fees that are out there
outstanding. So, I'd like to get some input from the Administration and also
from my fellow Commissioners. But, it just seems like 18,000 may have been
fine five years ago, but I think we need sane adjusting at this point in time.
My motion would be to bring it up to $30,000.
Mr. Diaz: Commission certainly has a prerogative to do that.
Commissioner Plummer: Well, excuse me. I think the question is fairly asked
of you as a lawyer, and knowing how lawyers charge, is to whether or not you
feel that that is proper and adequate?
Mr. Diaz: The review that we did show that they have not received any type of
increase in five years. They have been...
13 November 23, 1993
Commissioner Plummer: I second the motion.
Mayor Clark: Any further discussion?
Commissioner Plummer: Excuse me, Mr. Mayor. That will, of course, as I
understand, Victor, that will be for Code Enforcement and for the Nuisance
Abatement?
Vice Mayor De Yurre: And Civil Service.
Commissioner Plummer: And Civil Service, the outside.
Vice Mayor De Yurre: Do they also have the opportunity to have our insurance
or programs. Like for example, the Zoning Board and Planning Hoard's members
they can take advantage of our benefits. Do they have a similar opportunity,
Mr. City Manager? As far as benefits that they want to subscribe to our
insurance program or things of that nature?
Mr. Cesar Odio (City Manager): I don't believe so, that they do not...
Vice Mayor De Yurre: Could they be afforded that opportunity?
Mr. Odio: No, they have not, sir.
Vice Mayor De Yurre: Could they be afforded that opportunity?
Mr. Odio: I'll have to check into that and see if they are eligible or not.
Mayor Clark: All right, on this item? Thank you, Mr. De Yurre.
Mr. Manuel Gonzalez-Goenaga: Yes on item 18, good morning, Commissioners.
Here we go again.
Mayor Clark: Sir, now we are friends.
Mr. Gonzalez-Goenaga: To the issue...
Mayor Clark: Please, sir, give us your name.
Mr. Gonzalez-Goenaga: Yes.
Mayor Clark: And your address.
Mr. Gonzalez-Goenaga: My name is Manuel Gonzalez-Goenaga, and the...
Mayor Clark: Your address, please, sir.
Mr. Gonzalez-Goenaga: 227 Santillane Avenue.
Mayor Clark: All right.
Mr. Gonzalez--Goenaga: The issue is dollars and cents. We have a sizable and
very expensive legal department composed of 24 attorneys, and it costs the
14 November 23, 1993
City in the approximate amount of... in excess of two million dollars. And,
we have the tendency, fran the previous Commission, to hire special counsels.
I don't see the need of such a specialty when we have 24 good, and supposedly
good attorneys, and then we are... the management proposed an $18,000 budget,
and then all of a sudden we start... it's increased to 30,000. It is not what
was said during the campaign that we were going to try to put our belts on.
That the City was in bad shape. This is what I heard during the campaign.
And, all of a sudden, now we are starting paying favors. So, I really urge
the Ccnmissioners to think twice before you spend one cent fran the people's
money. Thank you.
Mayor Clark: Thank you.
Vice Mayor De Yurre: Mr. Mayor, just for the record, in these boards, the
reason that we hire outside counsel is because there is an adversarial
proceeding. For example, our City Attorney's office brings a case before the
board, and these attorneys are outside counsel, they represent and they are
the counsel for the board itself. So, there is a need to have outside counsel
in these cases.
Mayor Clark: Further discussion? Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-701
A RESOLUTION ALLOCATING AN ANfO W NOT TO EXCEED
$30,000 FROM BUDGETED FUNDS OF THE PLANNING, BUILDING
AMID ZONING DEPART FOR PAYMENT OF COMPENSATION TO
SPECIAL COUNSEL FOR THE CODE ENFORCIIMT BOARD.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
15 November 23, 1993
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: CamYni.ssioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Mayor Stephen P. Clark
ABSENT: None.
------------------------------------------------------------------------------
7. ACCEPT GRANT ($15,000) FROM METROPOLITAN DADE COUNTY, 1993-94 CAPITAL
DEVEIAPMENT GRANTS PROGRAM, FOR WORK RELATED TO THE TOWER THEATER
RENOVATION PROJECT -- ALLOCATE MATCHING FUNDS FF04 CIP 321038, LATIN
QUARTER SPECIALTY CENTER.
------------------------------------------------------------------------------
Mayor Clark: The next item to be considered.
i
Commissioner Gort: Mr. Mayor.
Commissioner Plummer: I guess we get to 28 now.
Rafael Diaz (Assistant City Attorney) : Mr. Mayor, we need to amend on item
CA-16 the word "matching" should be inserted into the title so that it reads;
"Allocating matching funds, to the Tower Theatre."
Commissioner Dawkins: I so move.
Mayor Clark: CA-16?
Mr. Diaz: Sixteen.
Commissioner Gort: Second.
1
Mayor Clark: Call the roll, Madam Clerk.
1
1
i
16 November 23, 1993
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESO=ION NO. 93-702
A RESOLUTION, WITH ATTA0*0U(S), AUTHORIZING THE CITY
MANAGER TO ACCEPT A GRANT, IN THE AM=U OF $15,000,
FRom METROPOLITAN DADE COUNTY, 1993-94 CAPITAL
DEVELOPMENT GRANTS PROGRAM, FOR WORK RELATED TO THE
TOWER THEATER RENOVATION PROJECT; AUTHORIZING AN
ALLOCATION IN THE ANOLM OF $15,000 FROM CAPITAL
IMPROVEMERM PROJECT NO. 321038, "LATIN QUARTER
f SPECIALTY CENTER", AS THE CITY OF MIAMI`S REQUIRED
LOCAL AGENCY MATCH; AUTHORIZING THE CITY MANAGER TO
EXE= THE NECESSARY DOCUMENTATION, IN SUBSTANTIALLY
THE ATTACHED FORM, FOR THE ACCEPTANCE AND
CATION OF SAID GRANT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
j Cammissioner J. L. Plummer, Jr.
1 Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
17 November 23, 1993
------------------- ----------------------------------------------------------
8. AUTHORIZE KNIGHTS OF COIDMJS TO ERECT A MONUMENT, AT ITS OWN COST, IN
MEMORY OF MEMBERS OF THE 2506 CUBAN BRIGADE, ON CUBAN MEMORIAL BOULEVARD
(S.W. 13 AVENUE BETWEEN S.W. 8 & 10 STREETS), WITH PROVISOS.
Mayor Clark: Next item is 28, Mr. Plummer.
Commissioner Plummer: No, Mr. Gort.
Commissioner Gort: That was mine. The question that I had is, is there a
master plan for 13th Avenue for the...
Mr. Cesar Odio (City Manager): No, sir.
Commissioner Gort: What I'd like to do, if possible...
Mr. Odio: Replacement.
Commissioner Gort: I know it's subject to approval of Public Works, I would
like, if possible, to have the Planning Board involved in it also because I
think we should have to try to set up some kind of master plan for that area,
if possible.
Mr. Odio: OK.
Commissioner Gort: Because if we keep adding monuments into that area, it
could become...
Mr. Odio: You want to send this one back to the Planning Board then and...
Commissioner Gort: No, I'll move... I would like to, Mr. Mayor, if I may...
amendment to also have the Planning Board look at it. To try to make this...
Commissioner Dawkins: Second.
Mayor'Clark: Excuse me, you want to defer this item, send it back to
Planning?
Commissioner Gort: No, no. That's all right. What I'd like to do is have
the Planning Board approve also the item, you know, to make sure that it
complies with the... what you want to do in the area.
Commissioner Plummer: No, you want it deferred. You want it deferred.
Mayor Clark: Any discussion? Motion and a second. Call the roll, Madam City
Clerk.
18 November 23, 1993
The following resolution was introduced by Commissioner Gort, who moved
its adoption:
RESOLUTION NO. 93-703
A RESOLUTION AUTHORIZING THE KNIGHTS OF COILNBUS TO
ERECT A MONUMETTT, AT ITS OWN COST AND EXPENSE, IN
MEMORY OF THE MEMBERS OF THE 2506 CUBAN BRIGADE, ON A
SITE LOCATED ON CUBAN MEMORIAL BOULEVARD ( SOUTHWEST
13TH AVENUE Bh'AMM SOUTHWEST 8TH AND 10TH STREETS) ,
SUBJECT TO APPROVAL BY THE DEPARTMENT OF PUBLIC WORKS
AND THE PLANNING ADVISORY BOARD, AND FURTHER SUBJECT
TO AND CONTINGENT UPON SUCH CONDITIONS AND LIMITATIONS
AS MAY BE PRESCRIBED BY THE CITY MAMGER OR HIS
DESIGNEE, INCLUDING THE REQUIREMENT THAT THE KNIGHTS
OF COLUMBUS OBTAIN LIABILITY INSURANCE FOR SAID
MUMNT TO PRU IFM THE CITY AND COMPLIANCE WITH ALL
REQUIREMENTS THAT MAY BE IMPOSED BY THE CITY ATTORNEY,
INCLUDING BUT NOT LIMITED M THOSE PRESCRIBED BY
APPLICABLE CITY GARTER AND CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
-----------------------------------------------------------------
9. CONSENT AGENM.
Commissioner Plummer: Mr. Mayor, it is appropriate that you know, since all
have been pulled, that there is a terminology that you read back on the page
above CA-1, and then I'll make the motion to entirely take the CA (Consent
Agenda).
Ms. Matty Hirai (City Clerk): It's on page four.
Cammissioner Plummer: I'll do it. I can do it. I've done it before. Before
the vote of adopting items included in the Consent Agenda is taken, is there
anyone present who is an objector or proponent that wishes to speak on any
item in the Consent agenda? Hearing none, the vote on the adoption of the
Consent Agenda will now be taken. And, Mr. Mayor, I so move.
19 November 23, 1993
Commissioner Dawkins: Second.
Mayor Clark: All right, call the roll, Madam Clerk.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, THE CONSERr AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
9.1 ACCEPT BID: JANTECH POWER SERVICES -- FOR FURNISHING /
INSTALLATION OF 80 UPS BATTERIES TO THE DON HICKMAN
ADMINISTRATION BUILDING (FOR FIRE, RESCUE AND INSPECTION
SERVICES DEPT.).
RESOLUTION NO. 93-704
A RESOLUTION ACCEPTING THE BID OF JANTEGH POWER
SERVICES FOR THE FURNISHING AND INSTALLATION OF 80 UPS
BATTERIES TO THE DON HICKMAN ADMINISTRATION BUILDING
FOR THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMM AT A TOTAL PROPOSED ANC OF
$22,160.00; ALTACATING FUNDS THEREFOR FROM FIRE,
RESCUE OPERATING BUDGET, ACCOUNT CODE NO. 290461-718,
PR JECT NO. 196002; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
20 November 23, 1993
ELI
9.2 ACCEPT BID: JANTECH POWER SERVICES -- FOR FURNISHING FULL
MAINTENANCE SERVICE FOR THE UPS SYSTEM AT THE DON HICKMAN
BUILDING, ON A CONTRACT BASIS (FOR FIRE, RESCUE AND
INSPECTION SERVICES DEPT.).
RESOLUTION NO. 93-705
A RESOLUTION ACCEPTING THE BID OF JANTECH POWER
SERVICES FOR THE FURNISHING OF FULL MAINTENANCE
SERVICE FOR THE UPS SYSTEM AT THE DON HIaMN BUILDING
ON A CONTRACT BASIS FOR A PERIOD OF ONE (1) YEAR WITH
THE OPTION TO EXTEND FOR AN ADDITIONAL ONE (1) YEAR
PERIOD FOR THE DEPAR'IME V OF FIRE, RESCUE AMID
INSPECTION SERVICES AT A TOTAL PROPOSED ANNUAL COST OF
$4,750.00; ALLOCATING FUNDS THEREFOR FROM FIRE, RESCUE
OPERATING BUDGET, ACCOUNT CODE NO. 290461-670, PROJECT
CODE NO. 196002; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMU OFFICER TO ISSUE A
RRUME ORDER FOR THIS SERVICE, 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.)
9.3 ACCEPT BID: MULTIPLIER INDUSTRIES -- FOR FURNISHING 650
BATTERIES FOR STX PORTABLE RADIOS (FOR POLICE DEPT.).
RESOLUTION NO. 93-706
A RESOLUTION ACCEPTING THE BID OF MUTLIPLIER
INDUSTRIES FOR THE FURNISHING OF 650 BATTERIES FOR THE
SIX PORTABLE RADIOS TO THE DEPARTM U OF POLICE AT A
TOTAL PROPOSED AMOUNT OF $13,254.00; ALLOCATING FUNDS
THEREFOR FROM THE GENERAL FUND, ACCOUNT CODE NO.
290201-701; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCUREMENT OFFICER M ISSUE A PULSE
ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
21 November 23, 1993
9.4 ACCEPT BID: ROBBIE'S FEED & SUPPLY, INC. -- FOR FURNISHING
HORSE FEED AND SUPPLEMENTS FOR THE MOUNTED PATROL UNIT OF
POLICE DEPT.
RESOLUTION NO. 93-707
A RESOLUTION ACCEPTING THE BID OF ROBBIE'S FEED &
SUPPLY, INC. FOR THE FURNISHING OF HORSE FEED AND
SUPPLEMENTS FOR THE MOUNTED PATROL UNIT OF THE
DEPARIAENT OF POLICE; AT A TOTAL PROPOSED AM1a1NT OF
$9,093.00; ALLOCATING FUNDS THEREFOR FROM THE POLICE
DEPARIMM GENERAL OPERATING BUDGET, ACCOTm CODE NO.
290201-710; AUTHORIZING THE CITY MANAGER TO INSTRUCT
THE CHIEF PROCURES OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS ACQUISITION.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.5 ACCEPT BID: ROYAL ENGINEERING CONSTRUCTION -- FOR CITYWIDE
SIDEWALK REPLACEMENT PROJECT (FEMA) 2ND BIDDING H-1032.
RESOLUTION NO. 93-708
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, IN AN AMOUNT NOT TO EXCEED $52, 542.00,
TOTAL BID OF THE PROPOSAL, FOR CITYWIDE SIDEWALK
REPLACMEW PROJECT (FEMA) 2ND BIDDING H-1032;
ALLOCATING FUNDS THEREFOR, FROM CAPITAL IMPROVEMENT
PROJECT NO. 341178, IN THE AMOUNT OF $15,000.00, WITH
THE REMAINING AMOUNT OF $37,542.00 TO BE REIMBURSED TO
THE CITY BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY
(" FEMA") TO COVER THE CONTRACT COST PLUS ANY AC [L]AL
FEMA REIMBURSABLE DESIGN AND ENGINEERING EXPENSES;
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.)
22 November 23, 1993
9.6
ACCEPT PROPOSAL: TEMPLETON & FRANKLIN VETERINARY
ASSOCIATES -- FOR FURNISHING VETERINARY SERVICES (FOR POLICE
DEPT.).
RESOLUTION NO. 93-709
A RESOLUTION ACCEPTING THE PROPOSAL OF TEN 42ION &
FRANKLIN VETERINARY ASSOCIATES FOR THE FURNISHING OF
VETERINARY SERVICES ON A CONTRACT BASIS FOR TWO (2)
YEARS WITH THE OPTION To E=D FOR ONE (1) ADDITIONAL
YEAR AT A TOTAL PROPOSED MOUNT OF $11,500.00, FOR THE
DEPARTMENT OF POLICE; ALLOCATING FUNDS THEREFOR FROM
THE POLICE DEPAR'1 W GENERAL OPERATING BUDGET,
ACCOUNT CODE N0. 290201-270; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE, AND
THERF.AFTER TO ErrEND THIS CONTRACT FOR AN ADDITIONAL
ONE (1) YEAR PERIOD, SUBJECT TO THE AVAILABILITY OF
FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.7 ACCEPT PROPOSAL: OCCUPATIONAL HEALTH SERVICES OF AMERICA,
INC. -- TO PROVIDE PHYSICAL EXAMINATIONS (TO PERSONNEL
MANAGEMENT DEPT.).
RESOU)TION NO. 93-710
A RESOLUTION, WITH ATTACEMENT(S), ACCEPTING THE
PROPOSAL OF OCCUPATIONAL HEALTH SERVICES OF AMERICA,
INC., TO PROVIDE PHYSICAL EXAMINATIONS TO THE
DEPARlmw OF PERSONNEL MMMGEMENT, ON A CONTRACT
BASIS, FOR ONE (1) YEAR, AT A PROPOSED FIRST YEAR COST
OF $27,360; ALLOCATING FUNDS THEREFOR FROM THE GENERAL
OPERATING BUDGET, ACCOUNT CODE NO. 270101-260;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND
THEREAE']L'ER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
23 November 23, 1993
9.8 AMEND AGREEMENT (DATED
ENGINEERING CORPORATION --
CARBON MONOXIDE GAS MONITOR
APRIL 23, 1993) WITH FLEET
TO DESIGN / DEVELOP / INSTALL A
FOR 425 POLICE PATROL VEHICLES.
RESOLUTION NO. 93-711
A RESOLxTFION, WITH ATIACEMT(S), AUTHORIZING THE CITY
MANAGER TO AMEND THE AGREEMENT, DATED APRIL 23, 1993,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND FLEET ENGINEERING CORPORATION, TO DESIGN,
DEVELOP, AND INSTALL A CARBON MONOXIDE GAS MONITOR FOR
425 POLICE PATROL VEHICLES AT A COST NOT TO EXCEED
$41,437.50; ALLOCATING FUNDS THEREFOR FROM THE 1993-
1994 INFERNAL SERVICE FUND, ACCOUNT CODE NO. 420901-
840, FOR SAID PURPOSE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.9 EXECUTE A LEASE AGREEMENT WITH CITY OF MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) FOR CITY -OWNED PROPERTY WITHIN
BASE OF LASER LIGHT TOWER (LOCATED IN BAYFRONT PARK), TO BE
USED FOR DDA OFFICE SPACE.
RESOLUTION NO. 93-712
A RESOLUTION, WITH ATIAC1-]MENP(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREII,1ENr, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND THE CITY OF MIAMI DOWNIOWN DEVELOPMENT
AUTHORITY (DDA) FOR CITY OWNED PROPERTY WITHIN THE
BASE OF THE LASER LIGHT TOWER LOCATED IN BAYFRONT
PARK, TO BE USED FOR DDA OFFICE SPATE; SAID AGREEMENT
TO INCLUDE THE TERMS AND CONDITIONS SET FORTH IN
EXHIBIT "A", ATTACHED HERETO, WHICH ARE HEREBY
APPROVED.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
24 November 23, 1993
El
9.10 RECOGNIZE TAX-EXEMPT STATUS CLAIMED BY THE ASSOCIATION FOR
THE DEVELOPMENT OF THE EXCEPTIONAL -- AUTHORIZE
REIMBURSEMENT OF $7,702.47.
RESOLUTION NO. 93-713
A RESOLUTION RECOGNIZING THE TAX-EXEMPT STATUS CLAIMED
BY THE ASSOCIATION FOR THE DEVEGOPMEN'r OF THE
EXCEPTIONAL ("ASSOCIATION"), A CHARITABLE
ORGANIZATION, IN SUPPORT OF ITS REQUEST FOR RETURN OF
MONIES TO BE PAID BY IT BECAUSE OF ITS FAILURE TO FILE
APPLICATIONS FOR TAX-EXEMPT STATUS OF PROPERTY LOCATED
WITHIN THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE FINANCE DIRECTOR TO REIMBURSE SAID
ASSOCIATION THE AMOLM OF $7,702.47 UPON RECEIPT OF
PAYMENT' BY SAID ASSOCIATION; CONFIRMING SAID SUM AS
THE AMCM OF TAX MONIES TO BE RECEIVED BY THE CITY OF
MIAMI FOR 1988 AND 1989; FURTHER DESIGNATING PROPERTY
TAXES ACCOUNTS IN THE GENERAL FUND AND GENERAL
OBLIGATION DEBT SERVICE FUND FOR SUCH REIMBURSEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.11 AUTHORIZE CITY ATTORNEY TO ENGAGE THE LAW FIRMS OF: (1)
HOLLAND & KNIGHT, AND (2) KUBICKI, DRAPER, GALLAGHER,
MCGRANE -- TO PROVIDE BOND COUNSEL SERVICES FOR FINANCING OF
OFF-STREET PARKING DEPARTMENT'S CONSTRUCTION OF A PARKING
GARAGE AND RELATED REAL ESTATE TRANSACTION.
RESOLUTION NO. 93-714
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE
THE LAW FIRM OF HOLLAM & KNIGHT AND THE MINORITY FIRM
OF KUBICKI, DRAPER, G UZ ACHER, MCGRANE TO PROVIDE BOND
COUNSEL SERVICES FOR THE FINANCING OF THE OFF-STREET
PARKING DEPARTMENT'S CONSTRUCTION OF A PARKING GARAGE
AND THE RELATED REAL ESTATE TRANSACTION; ALLOCATING
FUNDS THEREFOR FOR SAID SERVICES, IN AN AMOUNT' NOT TO
EXCEED $2,000.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
25 November 23, 1993
9.12 RATIFY CITY MANAGER'S ACTION IN ESTABLISHING SPECIAL CHARGES
/ TERMS / CONDITIONS FOR USE OF CURTIS PARK SPORTS COMPLEX
FOR SPECIFIED USES (VARSITY FOOTBALL GAMES SPONSORED BY DADE
COUNTY SENIOR HIGH SCHOOLS) -- FURTHER AUTHORIZE MANAGER TO
NEGOTIATE / ESTABLISH / APPLY OTHER CHARGES / TERMS /
CONDITIONS FOR USE OF SAID FACILITY FOR A PERIOD NOT TO
EXCEED 18 MONTHS UNTIL MARKET CONDITIONS CAN BE ASSESSED IN
ORDER TO DETERMINE PERMANENT FEES.
RESOLUTION NO. 93-715
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
ACTION OF THE CITY MANAGER IN ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF CURTIS
PARK SPORTS C7Ud�TM FOR SPECIFIED USES IDENTIFIED
HEREIN; AUTHORIZING THE CITY MANAGER TO NEGOTIATE,
ESTABLISH AND APPLY OTHER CHARGES, TERMS AMID
CONDITIONS FOR THE USE OF SAID CITY FACILITY ON AN
INTERIM BASIS NOT TO EXCEED EIG[EEEN MONTHS, UNTIL
SUCH TIME AS MARKET AND OTHER CONDITIONS CAN BE
SUFFICIENTLY ASSESSED FOR THE DETERMINATION OF
PERMANENT FEES; AND AUTHORIZING THE CITY MANAGER TO
ISSUE PARK PERMITS, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE USE OF SAID FACILITY.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.13 AUTHORIZE CITY MANAGER TO APPLY FOR / ACCEPT A FOLLOW-ON
GRANT OF $90,000 FOR TRANSPORTATION / PLANNING /
COORDINATION IN THE CITY OF MIAMI -- FROM METROPOLITAN
PLANNING ORGANIZATION FOR THE MIAMI URBANIZED AREA.
RESOLUTION NO. 93-716
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY AND
ACCEPT A FOLUM-ON GRANT OF $90, 000 FOR THE PURPOSES
OF TRANSPORTATION, PLANNING AND COORDINATION IN THE
CITY OF MIAMI, FROM THE METROPOLITAN PLANNING
ORGANIZATION FOR THE MIAMI URBANIZED AREA, SAID GRANT
TO BE MATaW BY CITY FUNDS IN THE AMOUNT OF $22,500
FROM THE GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
26 November 23, 1993
9.14 APPROVE, IN PRINCIPLE, IMPLEMENTATION OF PROJECT WHEREBY
COUNTRIES WHICH CONSTITUTE THE AMERICAN CONTINENT WILL BE
REPRESENTED BY INSTALLATION OF ALUMINUM OFFICIAL SEALS WHICH
WILL BE PLACED ON STREET LIGHT POLES ALONG RIGHT-OF-WAY IN
DOWNTOWN BUSINESS DISTRICT (BISCAYNE BOULEVARD BETWEEN S.E.
2 AVENUE AND N.E. 6 STREET) -- TO BE KNOWN AS: THE AMERICAS
MILE.
RESOLUTION NO. 93-717
A RESOLUTION, WITH ATTACEIl U, APPROVING IN PRINCIPLE,
THE IMPLEMENTATION OF A PST WHEREBY THE COUNTRIES
WHICH CONSTITUTE THE "AMERICAN CONTINENT"', AS MORE
PARTICULARLY SET FORTH ON EXHIBIT "A", ATTACHED HEREIN
AND INCORPORATED HEREIN, WILL BE REPRESENTED BY THE
INSTALLATION OF ALUMINUM OFFICIAL SEALS WHICH WILL BE
PLACED ON STREET LIGHT POLES LOCATED AIONG THE RIGHT-
OF-WAY IN THE AREA OF THE DOWrT.IUM BUSINESS DISTRICT,
ON BISCAYNE BOULEVARD BETWEEN SOUTHEAST 2ND AVENUE AND
NORTHEAST 6TH STREET, SAID PROJECT HEREINAFTER TO BE
K14DM AS "THE AMERICAS MILE"; RECOGNIZING THE KIWANIS
CLUB "THE AMERICAS" AS SPONSOR OF THE "THE AMERICAS
MILE" SUBJECT TO ITS ENTERING INTO AN AGtEEMENT, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE CITY OF
MIAMI, AFTER REVIEW AND APPROVAL BY THE CITY
COMMISSION, AND SUBJECT TO COMPLIANCE WITH ALL CITY,
C COUNTY AND STATE REGULATIONS AND REQUIREMENTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.15 EXECUTE AGREEMENTS WITH: (1) BISCAYNE ENGINEERING COMPANY,
INC., (2) MANUEL G. VERA & ASSOCIATES, INC., (3) METRIC
ENGINEERING, INC., (4) CAMPANILE & ASSOCIATES, INC., AND (5)
FERNANDO Z. GATELL, P.L.S., INC. -- TO PROVIDE PROFESSIONAL
SURVEYING SERVICES FOR 1994-95 CALENDAR YEARS.
RESOLUTION NO. 93-718
A RESOLiTPION, WITH ATTA 01ENP(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE FIVE AGREEMENTS, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
BISCAYNE ENGINEERING COMPANY, INC., MANUEL G. VERA &
ASSOCIATES, INC., METRIC ENGINEERING, INC., CAMPANILE
& ASSOCIATES, INC., AND FERNA" Z. GATELL, P.L.S.,
INC., TO PROVIDE PROFESSIONAL SURVEYING SERVICES FOR
THE 1994-95 CALENDAR YEARS IN CONJUNCTION WITH THE
CITY OF MIAMI PROJECTS; ALLOCATING FUNDS THEREFOR FROM
THE PRCJECT ACCOUNTS AS PREVIOUSLY APPROPRIATED FOR
SAID PROJECTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
27 November 23, 1993
El
9.16 ESTABLISH SPECIAL CHARGES / TERMS/ CONDITIONS FOR USE OF
BOBBY MADURO MIAMI BASEBALL STADIUM BY SOUTH FLORIDA
HAITIAN-AMERICAN SOCCER LEAGUE -- FOR PRESENTATION OF
APPROXIMATELY 30 AMATEUR SOCCER GAMES (NOVEMBER 1, 1993 -
JUNE 30, 1994) -- EXECUTE AGREEMENT.
RESOLUTION NO. 93-719
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE BOBBY
MAU= MIAMI BASEBALL STADIUM BY THE SOUTH FLORIDA
HAITIAN-AMERICAN SOCCER LEAGUE FOR THE SAID
ORGANIZATION'S PRESENTATION OF APPROXIMATELY THIRTY
(30) AMATEUR SOCCER GAMES DURING THE PERIOD OF
NOVEMBER 1, 1993 THMUGH JUKE 30, 1994; FURTHER
AUTHORIZING THE CITY MANAGER. TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND SOUTH FLORIDA HAITIAN-AMERICAN SOCCER
LEAGUE FOR THIS P AUWE, SUBJECT TO THE ORGANIZERS
OBTAINING INSURANCE TO PROrI'EC,T THE CITY IN AN AMOUNT
AS PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, aanitted here and
on file in the Office of the City Clerk.)
9.17 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF
ORANGE BOWL STADIUM BY INTER/FOREVER SPORTS -- FOR
PRESENTATION OF "OPERATION GRAND SLAM" (NOVEMBER 20,
1993) -- EXECUTE AGREEMENT.
RESOLUTION NO. 93-720
A RESOLUTION, WITH ATTACI M U(S), ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
ORANGE BOWL STADIUM BY INTER/FOREVER SPORTS FOR SAID
ORGANIZATION'S PRESENTATION OF "OPERATION GRAND SLAM"
ON SA7URDAY, NOVEMBER 20, 1993; FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE A USE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF
MIAMI AND INTER/FOREVER SPORTS, FOR SAID USE,
CONDITIONED UPON THE ORGANIZERS OBTAINING INSURANCE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
28 November 23, 1993
iA
9.18 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF
PORTION OF ORANGE BOWL STADIUM BY MUNDIAL SPORTS GROUP,
INC. -- FOR PRESENTATION OF SOCCER MATCHES (ON SELECTED
DATES DURING JANUARY 1, 1994 - JANUARY 31, 1995) -- EXECUTE
AGREEMENT.
RESOLUTION NO. 93-721
A RESORPTION, WITH ATTACHI,=, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF A PORTION
OF THE ORANGE BOWL STADIUM BY MUNDLAL SPORTS GROUP,
INC., FOR THE PRESENTATION OF A SERIES OF SOCCER
MATCHES ON SELECTED DATES DURING THE PERIOD JANUARY 1,
1994 THROUGH JANUARY 31, 1995; FURTHER AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND SAID
ORGANIZATION FOR THIS PURPOSE; AND SUBJECT TO THE
ORGANIZERS OBTAINING INSURANCE TO PROJECT THE CITY IN
THE AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows booty of resolution, omitted here arxi
on file in the Office of the City Clerk.)
9.19 ESTABLISH SPECIAL CHARGES / TERMS / CONDITIONS FOR USE OF
BOBBY MADURO MIAMI BASEBALL STADIUM BY FEDERACION DE
PELOTEROS CUBANOS EN EL EXILIO -- FOR PRESENTATION OF AN OLD
TIMERS BASEBALL GAME (DECEMBER 12, 1993) -- EXECUTE
AGREEMENT.
RESOLUTION NO. 93-722
A RESOLUTION, WITH ATTAaDEN T, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE BOBBY
MADURO MIAMI BASEBALT STADIUM BY FEDERACION DE
PELOTEROS CUBANOS EN EL EXILIO FOR THE PRESENTATION OF
AN OLD TIMERS BASEBALZ GAME ON DECEMBER 12, 1993;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTLALLY THE ATTACHED FORM, BETWEEN THE CITY
OF MIAMI AND SAID ORGANIZATION FOR THIS PURPOSE;
SUBJECT TO THE ORGANIZERS OBTAINING ICE TO
PROTECT THE CITY IN THE AMOUNT AS PRESCRIBED BY THE
CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
29 November 23, 1993
9.20 AUTHORIZE CITY ATTORNEY TO ACCEPT SETTLEMENT AGREEMENT WITH
DADE COUNTY, WHICH PROVIDES THAT IN RETURN FOR DADE COUNTY'S
PAYMENTS TO THE CITY, THE CITY WILL RELEASE DADE COUNTY
FROM: (a) ALL CLAIMS / DEMANDS AGAINST DADE COUNTY IN THE
ELEVENTH JUDICIAL CIRCUIT COURT (CASE NO. 92-18048 CA-05)
ARISING OUT OF DADE COUNTY'S PRIOR OCCUPATION OF SECOND
FLOOR OF SOUTH WING OF THE CITY'S FORMER MUNICIPAL JUSTICE
BUILDING (1145 N.W. 11 STREET); (b) CLAIMS FOR BACK RENT DUE
AND PAST DUE UTILITIES ACCRUING PRIOR TO DECEMBER 1, 1993 --
EXECUTE NECESSARY DOCUMENTS.
RESOLUTION NO. 93-723
A RESOLUTION, WITH ATTACiMEN T(S), AUTHORIZING THE CITY
ATTORNEY TO ACCEPT THE SETTLEMENT AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH DADE COUNTY,
FLORIDA ("COUNTY"), WHICH PROVIDES THAT IN RETURN FOR
DADE COUNTY'S PAYMENTS TO THE CITY AS SET FORTH IN
SAID AGREEMENT, THE CITY WILL RELEASE DADE COUNI.'Y FROM
ANY AND ALL CLAIMS AMID DEMANDS AGAINST DADE COUNTY IN
THE ELEVENTH JUDICIAL CIRCUIT COURT, CASE NO. 92-18048
CA-05, ARISING OUT OF DADE COUNTY'S PRIOR OCCUPATION
OF THE SECOND FLOOR OF THE SOUTH WING OF THE CITY' S
FORMER MUNICIPAL JUSTICE BUILDING, LOCATED AT 1145
NORTHWEST 11 STREET, MIAMI, FLORIDA, OF WHATEVER
NATURE, TO CLAIMS FOR BACK RENT DUE AND PAST DUE
UTILITIES ACCRUING PRIOR TO DECEMBER 1, 1993; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOCUMENr(S), IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID
SETTLEMENT AGREEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.21 EXECUTE LEASE AGREEMENT WITH DADE COUNTY, AT A MONTHLY
RENTAL OF $12,000, FOR USE OF SPACE AT THE FORMER MUNICIPAL
JUSTICE BUILDING (1145 N.W. 11 STREET) -- FOR OPERATION OF
AN INTERIM CENTRAL DETENTION CENTER -- SAID LEASE TO
COMMENCE DECEMBER 1, 1993, ON A MONTH -TO -MONTH BASIS.
RESOLUTION NO. 93-724
A RESOLUTION, WITH ATrAatMU(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY")
AND DADE COUNTY, FLORIDA ("DADE COUNTY"), AT A NLY
RENTAL OF $12,000, FOR THE USE OF SPACE AT THE FORMER
MUNICIPAL JUSTICE BUILDING, LOCATED AT 1145 NORTHWEST
11 STREET, MIAMI, FLORIDA, FOR THE OPERATION OF AN
INTERIM CENTRAL DETENTION CENTER ("ICDC"), SAID LEASE
CCHMENCING DECEMBER 1, 1993, ON A NONTH-ISO-NIDNTH
BASIS.
30 November 23, 1993
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.22 CODESIGNATE S.E. / S.W. 10 STREET BETWEEN BRICKELL AVENUE
AND S.W. 1 AVENUE AS: FITTIPALDI WAY.
RESOLUTION NO. 93-725
A RESOLUTION CODESIGNATING SOUTHEAST/SOUTHWEST LOTH
STREET BETWEEN BRICKELL AVENUE AND SOUTHWEST 1ST
AVENUE, MIAMI, FLORIDA, AS "FITTIPALDI WAY"; FURTHER,
DIRECTING THE CITY MANAGER TO INSTRUC.P THE DIRECTOR OF
PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE HEREIN DESIGNATED AGENCIES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
9.23 ACCEPT PLAT: TAMIAMI SHOPPING CENTER.
RESOLUTION NO. 93-726
A RESOLUTION, WITH ATTAC DEW(S), ACCEPTING THE PLAT
ENTITLED "TAMIAMI SHOPPING CENTER", A SUBDIVISION IN
THE CITY OF MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF
THE PLAT AND STREET COMMITTEE AS SET FORTH ON EXHIBIT
"A" ATTACHED HERETO AMID MADE A PART HEREOF, 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.)
9.24 ACCEPT PLAT: HUGHES COVE.
RESOLUTION NO. 93-727
A RESOLUTION, WITH AZTA00IENr!'S, ACCEPTING THE PLAT
ENTITLED HUGS COVE, A SUBDIVISION IN THE CITY OF
MIAMI, SUBJECT TO ALL OF THE CONDITIONS OF THE PLAT
AND STREET COMMITIEE, AND ACCEPTING THE DEDICATIONS
SHOWN ON SAID PLAT; AUTHORIZING AND DIRECTING THE CITY
MANGER AND CITY CLERK TO EXECUTE THE PLAT; AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
31 November 23, 1993
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
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10. EMERGENCY ORDINANCE: AMEND 10934, WHICH ESTABLISHED INITIAL
RESOURCES / APPROPRIATIONS FOR A SPECIAL REVENUE FUND: DRUG
FREE NEIGHBORHOOD TASK FORCE -- TO PROVIDE FOR AN INCREASE
($17,286) AS A RESULT OF A SUCCESSFUL GRANT APPLICATION.
Mayor Clark: Now, we move to the regular agenda.
Commissioner Plummer: Item 8.
Mayor Clark: Item 8 is an emergency ordinance amending the Ordinance Number
i 10934, Drug Free Neighborhood Task Force.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second? Any discussion? Call the roll, Madam Clerk.
Ms. Matty Hirai (City Clerk): It is an ordinance, Mr. Mayor.
Commissioner Plummer: Wait, excuse me. Mr. Mayor. This is an emergency
item, and it's to be announced to the reason for the emergency.
Mayor Clark: All right. Chief.
Mr. Cesar Odio (City Manager): This item has been requested on an emergency
basis so that expenditure deadlines can be met and applications for additional
funding can be made in a timely matter.
Mayor Clark: All right, any further discussion necessary?
Commissioner Plummer: Call the clerk.
Mayor Clark: Call the roll.
Rafael Diaz (Assistant City Attorney): We need to read the ordinance, Mr.
Mayor.
Ms. Hirai: Yes, Mr. Mayor.
Mayor Clark: Offered by Mr. Plummer, seconded by Mr. Dawkins, call the roll.
Commissioner Plummer: Steve, two readings.
Mayor Clark: Two...?
Commissioner Plummer: Two readings.
Ms. Hirai: Two roll calls.
32 November 23, 1993
AN ORDINANCE ENrITLED-
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10934,
ADOPTED ON NOVEMBER 14, 1991, WHICH ESTABLISHED
INITIAL RESOLES AND INITIAL APPROPRIATIONS FOR A
SPECIAL REVENUE FUND ENTITLED: "DRUG FREE NEIGHBORHOOD
TASK FORCE," TO PROVIDE FOR AN INCREASE IN THE AMOUNT
OF $17,286 AS A RESULT OF A SUCCESSFUL GRANT
APPLICATION, AND AUIHORIZING THE CITY MANGER TO
ACCEPT $17,286 FROM METROPOLITAN DADE COUNTY;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 11098.
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: Yes, ma'am. Only on emergency ordinanceS, right?
Commissioner Plummer: Correct.
33 November 23, 1993
------------------------------------------------------------------------------
11. SECOND READING ORDINANCE: AMEND CODE CHAPTER 54 -- ADD NEW
ARTICLE XI, THEREBY REQUIRING THAT PAY TELEPHONE COMPANIES
ENTER INTO PERMIT AGREEMENTS WITH THE CITY OF MIAMI FOR THE
ERECTION / CONSTRUCTION / RECONSTRUCTION / INSTALLATION /
OPERATION / MAINTENANCE / DISMANTLING / TESTING / REPAIR AND
USE OF PAY TELEPHONES IN / UPON / ALONG / ACROSS / ABOVE /
OVER AND UNDER PUBLIC RIGHTS -OF -WAY; SUBJECT TO CERTAIN
CONDITIONS, AND SUBJECT TO REMOVAL OF DESIGNATED PAY PHONES
AS REQUESTED BY THE CITY COMMISSION AND ADMINISTRATION --
CITY TO KEEP CONTROL OF DESIGN OF BOOTHS.
------------------------------------------------------------------------------
Mayor Clark: The next item, proposed ordinance amending the City Code,
Chapter 54, for the installation of pay telephones in the public rights -of -
way. Persons interested?
Cammmissioner Plummer: Second reading, we were (sic) to came back and give us
what you felt was some information regarding to the cost factor...
Mr. Jim Kay: Yes, sir.
Commissioner Plummer: ...and what was...
Mr. Kay: Mr. Commissioner, at the first meeting - the first reading of this
ordinance, we had proposed an annual fee of 25 percent of the gross revenue
received by the permittee. That the applicants indicated that, that really
was not fair to them. We went back, we were directed to go back and meet with
the applicants, and we have arrived at a - what we believed is a fair and
reasonable fee. And, I have shown it on the screen.
Commissioner Plummer: OK. I think one of the main questions, Jim, that we
were concerned about was the City's right to have phones in drug areas removed
so that we could hope to eliminate some of the problems existing of using
public telephones for drug businesses.
Mr. Cesar Odio (City Manager) : I have been informed by the phone companies
that they will be going to rotary. I am sorry, they couldn't go to that, but
to a blocking system where they could not be used for that purpose.
Commissioner Plummer: OK, as long as to your concern - it was your concern
before.
Mr. Odio: Yes, sir, it was.
Commissioner Plummer: OK.
Mr. Odio: And, I have been told that they have agreed to block those phones
so that they cannot be used for that purpose.
Mayor Clark: All right.
Commissioner Plummer: And you feel that this new proposed rate that is on in
effect now is a fair rate?
34 November 23, 1993
Mr. Odio: Yes.
Commissioner Plummer: I move item 9, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Vice Mayor De Yurre: Mr. Mayor.
Mayor Clark: Question by Mr. De Yurre.
Vice Mayor De Yurre: Out of curiosity, how do you determine when a call is
drug related that you can block it? I mean like how does this work?
Mr. Odio: Well, the main complaint has been on public phones in areas that we
know for sure that are been used as a drug point.
Mayor Clark: The hot spots that you talked...
Mr. Odio: The hot spots. And, we have had trouble with the phone companies
in removing those phones in the past. They now have agreed to block...
Vice Mayor De Yurre: What do you mean by block these?
Mr. Odio: They won't be able to use them for beepers.
Vice Mayor De Yurre: For beepers. You can't make a beep, a pager call, from
those phones?
Mr. Odio: They cannot. They cannot.
Mr. Kay: Commissioner, we...
Vice Mayor De Yurre: But, you can be paged and you can make a call.
Mr. Odio: I guess so.
Vice Mayor De Yurre: Yeah. So, does it go back...
Mr. Odio: Yes.
Vice Mayor De Yurre: ...to the same thing?
Mr. Odio: or, they can buy a cellular. But, at least, we wanted to make sure
that they didn't have that easy a time in using those phones. And, we
couldn't...
Mr. Kay: Commissioner, after the first meeting, we made contact with all of
the NET (Neighborhood Enhancement Teams) offices, and they compiled a list of
all the hot spot telephones throughout the City. And, we have them here. We
have since sent them on to the various users for them to make corrections.
35 November 23, 1993
Mayor Clark: Sir, would you furnish the Commission with a copy of that list
that you have there?
Mr. Kay: Yes, sir, I have them right here. I have enough copies for
everyone.
Mayor Clark: All right. Thank you, sir. Other questions on this item? Must
we read this ordinance into the record?
Ms. Hirai: Yes, Mr. Mayor.
Ccmii.ssioner Plummer: Always.
Mayor Clark: Moved by Mr. Plummer. Seconded by Mr. Dawkins. Call the roll,
please.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING NEW
ARTICLE XI, THEREBY REQUIRING THAT PAY TELEPH=
COMPANIES ENTER INTO PERMIT AMMOM IS WITH THE CITY
OF MIAMI F1OR THE ERECTION, CONSTRUCTION,
RECONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE,
DISMANTLING, TESTING, REPAIR AND USE OF PAY TMEP1iONES
IN, UPON, ALONG, ACROSS, ABOVE, OVER, AMID UNDER PUBLIC
RIOTS -OF -WAY, SUBJECT TO REGULATIONS, CERTAIN
CONDITIONS AND THE PAYMENT OF PERMIT AND USER FEES;
PROVIDING DEFINITIONS AND BY SETTING FORTH TERMS AND
CONDITIONS BY WHICH PERMITS MAY BE ISSUED TO PAY
TELEPHONE COMPANIES; MORE PARTICULARLY BY ADDING NEW
SECTIONS 54-192 THROUGH 54-210; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 14, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11099.
36 November 23, 1993
The City Attorney read the ordinance into the public record and
announced that copies were available to the mrrbers of the City Camnission and
to the public.
------------------------------------------------------------------------------
12. SECOND READING ORDINANCE: AMEND CODE SECTION 53-151 (RATES
AND CHARGES), PERTAINING TO PROCEDURES AND USER FEES AT THE
COCONUT GROVE CONVENTION CENTER -- THEREBY CHANGING FEES
WHICH ARE DETERMINED BY THE TYPE OF EVENT BEING HELD.
------------------------------------------------------------------------------
Mayor Clark: Next item.
CaYmissioner Plummer: I move item 10.
Camnissioner Dawkins: Second.
Mayor Clark: Item 10 is an ordinance amending code of the Coconut Grove
Convention Center charges. Any discussion? Please read it into the record,
Mr. Attorney. Is this a first reading, Madam Clerk?
i
Ms. Matty Hirai (City Clerk): It is a second reading, sir.
Mayor Clark: Second reading.
Ms. Hirai: Second on last reading.
Mayor Clark: Offered by Mr. Plummer.
Commissioner Dawkins: Seconded.
i
Mayor Clark: Seconded by Mr. De Yurre. Call the roll please.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 53-151 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"RATES AND CHARGES", PERTAINING TO PROCEDURES AND USER
FEES AT THE COCONUT GROVE CONVENTION CENTER THEREBY
CHANGING FEES WHICH ARE DETERMINED BY THE TYPE OF
EVENT BEING HELD; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
37 November 23, 1993
i
Passed on its first reading by title at the meeting of October 14, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11100.
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.
------------------------------------------------------------------------------
13. SECOND READING ORDINANCE: AMEND CODE CHAPTER 2
(ADMINISTRATION), THEREBY PROVIDING FOR THE CHANGE OF NAME
OF THE FIRE, RESCUE AND INSPECTION SERVICES DEPARTMENT TO:
THE DEPARTMENT OF FIRE -RESCUE.
------------------------
Mayor Clark: Next item.
Commissioner Plummer: Move 11.
Mayor Clark: Number 11 is department name changes.
Commissioner Plummer: To reduce it down. It is a second reading, Mr. Mayor.
Mayor Clark: All right, recommended by the Manager. Must we read the second
reading into the record?
Ms. Matty Hirai (City Clerk): Yes, sir.
Commissioner Plummer: Always, sir.
Ms. Hirai: Always.
Commissioner Plummer: Always ordinances. All ordinances have to be read. We
tried to change that, Mr. Mayor.
Mayor Clark: I know.
Commissioner Plummer: And it would take a referendum, and we decided not to.
38 November 23, 1993
5
Mayor Clark: It's better. Moved by Mr. Plummer. Seconded by Mr. De Yurre.
Call the roll, Madam Clerk.
AN ORDINANCE -
AN ORDINANCE AME[MING GRAPIER 21 ENTITLED
"ADMINISTRATION", OF THE CODE OF THE CITY OF MLAMI,
FLORIDA, AS AMENDED, THEREBY PROVIDING FOR THE CHANGE
OF THE NAME OF THE "FIRE, RESCUE AND INSPECTION
SERVICES DEPARTMENT" TO THE "DEPARTMENT OF FIRE -
RESCUE"; FURTHER PROVIDING FOR AMENDING ALL ORDINANCES
OR PARTS THEREOF AND ALL SECTIONS OF THE CITY CODE OR
PARTS THEREOF CONTAINING REFERENCES TO THE "FIRE,
RESCUE AND INSPECTION SERVICES DEPARU1ENT" TO HAVE
SUCH REFERENCES SUBSTITUTED WITH THE TERM "DEPART11FNi'
OF FIRE -RESCUE"; MORE PARTICULARLY BY AMENDING THE
TITLE DIVISION 3. AND SECTION 2-81; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 14, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor 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 Miller J. Dawkins
Camni.ssioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
41t;-3 #��, Ti77
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11101.
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.
14. FIRST READING ORDINANCE: AMEND CODE SECTION 38-73(c)(1) -- MODIFY
QUORUM REQIJIREI M FOR BAYFRONT PARK MANAGEMENT TRUST MEETINGS.
Mayor Clark: Next item.
Commissioner Plummer: Item 12 is mine, Mr. Mayor, from Bayfront Park. We
were having trouble with getting a quorum present at the appropriate time.
This says that the appropriate time of those present, in a quorum is then
constituted, I so move, sir.
39 November 23, 1993
e
Mayor Clark: All right. Read the ordinance please, sir. Call the roll.
AN ORDINANCE AMENDING SECTION 38-73(c)(1) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CONCERNING
THE BAYFRONT PARK MANAGEMENT TRUST, BY MODIFYING THE
QUORUM REQUIRDWT FOR TRUST MEETINGS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner Gort
and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: 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.
------------------------------------------------------------------------------
15. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EMERGENCY
SHELTER GRANT (FY'93) -- APPROPRIATE $194,000 FROM U.S. DEPT. OF HOUSING
AND URBAN DEVELOPMENT' (USHUD) 1993 =Mr-Y SHELTER GRANT.
Mayor Clark: Next item.
Commissioner Plummer: I'll move it.
Mayor Clark: Thirteen?
Comni.ssioner Plummer: Is there anybody else here today?
Mayor Clark: Emergency appropriating the 1993 Emergency Shelter Grant Funds.
Mr. Cesar Odio (City Manager): This is a McKinney Act Fund for the homeless
that we use at the Beckham Hall facility.
Mayor Clark: Did we not receive good news today about the homeless situation?
Mr. Odio: Officially...
Mayor Clark: Some 20 million dollars?
Mr. Odio: Officially...
40 November 23, 1993
Mayor Clark: Fran the Federal Government.
Mr. Odio: Yes, sir, officially not yet. We expect...
Commissioner Gort: Mr. Mayor, I have a question on this one.
Mayor Clark: Yes, Mr. Gort.
Commissioner Gort: My understanding is that this place was to be used for the
homeless from the beginning originally.
Mr. Odio: Yes, sir.
Commissioner Gort: It is my understanding, in talking to some of the
residents in Allapattah, that are not aware that the homeless were to be
established in there.
Mr. Odio: They have been there now for at least five to six years that I can
remember, sir.
Commissioner Gort: All right, thank you.
Commissioner Plummer: I am sorry, Mr. Mayor, I missed something.
Mr. Odio: Beckham Hall.
Commissioner Plummer: Yeah.
Mr. Odio: We have been housing homeless there at least...
Commissioner Plummer: Oh, I'm sorry, OK. All right. I'm... You said
Allapattah, I was thinking further west. I'm sorry.
Mayor Clark: Mr. Attorney, read the ordinance. All right call the roll.
It's been moved by Mr. Plummer, seconded by Mr. Dawkins. Call the roll
please.
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMERGENCY SHELTER GRANT (FY'93)", AMID
APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE
AMDUW OF $194,000 FROM THE U.S. DEPARIMENT OF HOUSING -
AND URBAN DEVELOPMENT (USHUD) 1993 EMERGENCY SHELTER
GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on first reading, by title only, by the following vote:
41 November 23, 1993
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: 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.
------------------------------------------------------------------------------
15. ACCEPT 1993 EMERGENCY SHELTER GRANT FROM U.S. DEPT. OF HOUSING AND URBAN
DEVEUDPMENr (USHUD) ($194,000) -- ALLOCATE TO SPECIFIED AGENCIES FOR
PRWECTS TO PROVIDE SERVICES TO THE HOMELESS -- EXEC= A REEMEM.
Commissioner Plummer: Fourteen is a companion. As a resolution, it does not
need to be read. I so move, Mr. Mayor.
Commissioner Dawkins: Seconded.
Mayor Clark: All right. Let me ask the Manager, have you checked with the
Homeless Trust? Have you been coordinating this recanmendation and
resolution?
Mr. Cesar Odio (City Manager): Yes, sir. This is part of our maintaining of
effort. When the County passed the one - the tax - we had to maintain the
same level of services we had prior to that tax being passed. So...
Mayor Clark: That tax is applicable on the first of January. Is that right?
Mr. Odio: Yes, sir.
Mayor Clark: The first of the fiscal year, is it in business now?
Mr. Odio: I believe it is already being collected, that we have the first
funds corning in December. But, we... by law, we have to maintain the same
level that we had prior to that tax being passed, Mr. Mayor.
Mayor Clark: Yes. All right, fine. Call the roll, Madam Clerk.
42 November 23, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-728
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE 1993 EMERGENCY SHELTER GRANT FROM THE U.S.
DEPARTW Tr OF HOUSING AND URBAN DEVELOPMENT (USHUD) IN
THE AMOiW OF $194,000 AND, UPON APPROVAL OF SAID
GRANT BY USHUD, TO EXECUTE THE NECESSARY IMPiMAEN 'ING
CONTRACTS AND AGREEMENTS; FURTHER ALIOCATING SAID
AMOUNT TO THE HEREIN NAMED AGENCIES IN FURTHERANCE OF
THEIR PROJECTS OF PROVIDING SERVICES TO THE HOMELESS;
AUTHORIZING THE CITY MANAGER TO ENTER INFO AGWW TTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID
AGENCIES, FOR SAID PURPOSE, SUBJECT TO APPLICABLE CITY
CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
17. DISCUSS AND DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE TO
AMEND CODE SECTION 40-239 (BENEFITS) TO AL W4 TEMPORARY PART-TIME
EMPLOYMENT OF THE CITY'S NON -UNIFORMED CLASSIFIED SERVICE OF RETIRED
BENEFICIARIES OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST, WITH EXCEPTIONS.
Mayor Clark: Item 15.
Commissioner Plummer: I'll move it, Mr. Mayor, but I have discussion.
Mayor Clark: All right. This is an ordinance pertaining to the amendment to
the Pension Fund...
Commissioner Dawkins: I'll second it in order to hear your discussion.
Mayor Clark: All right, let's read it for the record, and then the people
discuss it if they like to. Mr. City Attorney.
43 November 23, 1993
Commissioner Gort: Mr. Mayor.
Cam dssioner Plummer: Oh, OK, if that is what you want to do. All right.
[AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE
(item 15) INTO THE PUBLIC RECORD.]
i
Mayor Clark: All right, yes, ma'am. For the record, your name please?
Ms. Sue Weller: Sue Weller, labor Relations Officer. This ordinance...
change the ordinance is to enable the City to hire retired employees part-time
so that we can use them to fill in when employees are on... regular classified
employees are on vacation, or off on maternity leave, and those kinds of
situations.
Commissioner Plummer: OK, this will not exceed then what I see here, 20 hours
a week?
Mayor Clark: Twenty hours.
Ms. Weller: That's correct.
Commissioner Plummer: And it gives then no permanent status whatsoever?
Ms. Weller: No, sir.
Commissioner Plummer: All right.
ones that are out on disability?
Ms. Weller: Yes, sir.
Now, my question is, does it forbid the
Commissioner Plummer: OK. What happens if you rehire, on a part-time basis,
and a person were to get hurt on the job?
Ms. Weller: Then they will be covered for disability.
Commissioner Plummer: OK. That's where I think that maybe I have a problem.
Because we have known, unfortunately, in the past...
Commissioner Gort: I'm sorry, what was the question again? I'm sorry.
Commissioner Plummer: If they were to be hired on a part-time basis...
Commissioner Gort: Right.
Commissioner Plummer: ...get hurt on the job, would they be entitled to
disability? Remembering that we have over a million dollars a year that we
are presently paying out in disability. Not retirement, disability. Now, if
they were to go out on disability from an injury on a part-time basis, would
it be predicated on which salary?
44 November 23, 1993
Ms. Weller: Well...
Commissioner Plummer: The salary they left on? You see, here is my problem,
Mr. Mayor, and to my colleagues. We had cases where people were on
disability, came back to work, to get hurt again so they went out at a higher
rate.
Mayor Clark: Doubled.
Commissioner Plummer: OK. Now, my question again is that if they went out on
disability after they were brought back on a part-time basis, they were hurt
and would be, as you say, entitled to disability, what basis would they be on?
Ms. Weller: They would go out on... Their disability payments - excuse me -
would be based on their current salary, however that's done.
Commissioner Plummer: As a part-timer?
Ms. Weller: Yes, sir. The Law Department would have to answer more on that.
Commissioner Plummer: Mr. Mayor, I would ask this be deferred. I would like
to look into this a little bit more.
Ms. Weller: All right.
Commissioner Plummer: I think it has far, far reaching things that need...
Mayor Clark: Deferral is in order, but Mr. Attorney, score of these questions
that have been posed here this morning, I think you could answer so we don't
have to ask you in another meeting. All right?
Rafael Diaz (Assistant City Attorney): Yes, Mr. Mayor.
Commissioner Plummer: I would... I move, Mr. Mayor, withdraw my motion to
approve. And, I would ask that this be deferred until the meeting in January,
the first meeting in January.
Mayor Clark: Good thought, J.L. Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: All in favor signify by saying aye. So ordered, thank you.
That's a short way to do it, we don't have to...
45 November 23, 1993
THEREUPON MOTION DULY MADE BY COMISSIONER PIU44M AND
SECONDED BY COMMISSICNER DAWKINS, ITEM 15 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
18. DISCUSS AND DEFER, FOR FURTHER STUDY, CONSIDERATION OF
PROPOSED FIRST READING ORDINANCE TO AMEND CODE CHAPTER 54
(STREETS AND SIDEWALKS), SECTION 54-104 (NONSTANDARD STREET
WIDTHS) BY MODIFYING THE WIDTH OF A CERTAIN STREET.
-------------------------------
Cammissioner Plummer: Item 16.
Mayor Clark: Sixteen.
Commissioner Plummer: I'll move it, but I have discussion.
Cannissioner Gort: Second.
Commissioner Plummer: My concern, Jim, is the fact it says; "...a certain
street" is that... we are doing it for one person, or we are doing it for the
ordinance?
Mr. Jim Kay: We are doing it... This is one street. The property owners on
Royal Road...
Commissioner Plummer: Oh, yeah, you spoke to me about that.
Mr. Kay: ...between Main Highway and the Bay. One hundred percent of the
Owners have petitioned to have the street rezoned, and it's a designated
street width from 40 down to 30 feet. Thirty feet is what it... it's what we
Presently have dedicated, and that was from the original plat which is very
old.
Commissioner Plummer: All right, then we are not giving that property to
them? We are merely...
Mr. Kay: No.
Commissioner Plummer: ...reducing the...
Mr. Kay: Reducing the zone, the street width.
46 November 23, 1993
Commissioner Plummer: OK.
Mr. Kay: Which reduces the base building line.
Commissioner Plummer: All right, then, are they going to be paying taxes,
now, on that additional area?
Mr. Kay: They are paying taxes now, but I think they would be thought of,
probably, differently being that they are now no longer - the area is now no
longer undedicated right-of-way but private property.
Mayor Clark: What about the Fire Department?
Mr. Kay: The Fire Department, we... I did want to make that correction for
the record, we had responses fran all departments which had no problems except
for Fire Department. Fire Department did say that they had a problem with re-
zoning that street down fran 40 to 30 feet.
Commissioner Plummer: Oh! Then, excuse me, have everyone of those property
owners signed off of a liability problem? That if their house catches on fire
and the Fire Department can't do it...
Mr. Kay: No. No, we...
Commissioner Plummer: Then this matter is to be deferred. I'm not going to
sit here and approve something that the Fire Department...
Mayor Clark: All right.
Commissioner Plummer: ... says they can't do, and then have them sue me
because, me, the City, because they fire truck can't get in there. Mr. Mayor,
this got to be deferred.
Mayor Clark: Further studied.
Mr. Kay: That came in late from the Fire Department.
Mayor Clark: Second? Call... All in favor signify by saying aye for
deferral. Cast a unanimous ballot.
THEREUPON WrION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER GORT, ITEM 16 WAS DMMM BY
THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
47 November 23, 1993
------------------------------------------------------------------------------
19. APPROVE GRANT OF EASEMEU TO METROPOLITAN DADE COUNTY, MIAMI DADE WATER
AND SEWER AUTHORITY DEPARTMENT CONSISTING OF A 20 FT. STRIP OF LAND ON
BICENTEIV M, PARK TO CONSTRUCT / INSTALL / MAINTAIN A 36-INCH WATER
MAIN.
------------------------------------------------------------------------------
Mayor Clark: Item 17, this is a resolution authorizing a grant of easement,
what it's worth value...
Commissioner Plummer: I'll move it, Mr. Mayor, but again...
Mayor Clark: Benefit Watson Island.
Cammissioner Plummer: ...I have discussion. I move it.
Mayor Clark: Is there a second?
Ccmmissioner Dawkins: Second.
Commissioner Gort: Mr. Mayor, let me ask you a question?
Mayor Clark: Yes.
Commissioner Gort: The Attorney's office... The company I work for
represents... has a contract with WASA (Water and Sewer Authority). Would
that be a conflict of interest?
Commissioner Plummer: What is WASA?
Commissioner Gort: The...
Mayor Clark: Water and Sewer Authority.
Cc missioner Plummer: Oh, WASA.
Commissioner Gort: WASA.
Mr. Diaz: That would be too far removed for it to be a conflict.
Mayor Clark: You are not benefiting from this at all, are you?
Commissioner Plummer: Mr. Gort, I'm not the City Attorney, but let me help
you, it has always helped me in the past. Do you stand to financially gain or
benefit by your actions that are your vote?
Commissioner Gort: No.
Camdssioner Plummer: I think that's... That's what I use as a criteria.
Mr. Diaz: That is the criteria.
48 November 23, 1993
Commissioner Gort: Thank you.
Mayor Clark: All right, discussion, Mr...
Commissioner Plummer: All right, I saw in there that if it's ever vacated we
get the right to get it back.
Ms. Lori Lutes: That's correct.
Commissioner Plummer: Now, what are we getting for giving up this land?
Ms. Lutes: We will be getting approximately $45,000 worth of improvements.
Commissioner Plummer: What improvements?
Ms. Lutes: And, there will be installation of two water main connections
across MacArthur Causeway that will service Watson Island as well one sanitary
sewer connection. And, that way in the development of Watson Island, we will
now be able to hook into that.
Mr. Cesar Odio (City Manager): We will normally have to pay for that.
Ms. Lutes: Yes.
Mr. Odio: And they are giving it to us.
Mayor Clark: All right, the City also retains the rights for the
improvements?
Ms. Lutes: Excuse me?
Mayor Clark: The City retains a right for all the improvements made on the
Property?
Ms. Lutes: Right.
Mayor Clark: Further questions?
Commissioner Plummer: OK. No.
Mayor Clark: Moved. Second? Call the roll, Madam Clerk. No. All in favor
signify by saying aye. Opposed? So ordered. Item 18 is a resolution
rejecting proposed lease agreement with Bayside Seafood Restaurant and
Brewpub...
Rafael Diaz (Assistant City Attorney): I think, excuse me, Mr. Mayor.
Mayor Clark: Yes.
Mr. Diaz: I think we have to call the roll on these items, by individual.
Commissioner Plummer: Yeah.
Mayor Clark: All right call the roll.
49 November 23, 1993
mad
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-729
A RESOLUTION, WITH ATTACHIETIS, APPROVING THE GRANT OF
AN EASEMENT TO METROPOLITAN DADE CaRM, MUM DADE
WATER AND SEWER AUTHORITY DEPARTMENT CONSISTING OF A
20 FT. STRIP OF LAND ON BICENTENNIAL PARK, MORE
PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO,
FOR THE PURPOSE OF CONSTRUCTING, INSTALLING AND
MAINTAINING A 30-INCH WATER MAIN; FURTHER AUIHORIZING
THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, ON BEHALF OF 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:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
20. REJECT BAYSIDE SEAFOOD RESTAURANT AND BREWPUB PARTNERSHIP
PROJECT AND LEASE AGREEMENT PERTAINING THERETO -- TO OPERATE
A RESTAURANT, BREWERY AND MARINE -RELATED RETAIL FACILITY ON
CITY -OWNED WATERFRONT PROPERTY ADJACENT TO AND WEST OF THE
MIAMI MARINE STADIUM.
------------------------------------------------------------------------------
Mayor Clark: Item number 18, is a resolution rejecting the proposed lease of
Bayside Seafood Restaurant Pub.
Commissioner Plummer: So moved.
Mayor Clark: Motion and a second. Mr. Manager.
50 November 23, 1993
Mr. Cesar Odio (City Manager): Yes, sir. This is a 30 day extension right,
actually?
Mr. Odio: No, sir.
Co ini.ssioner Plummer: No, no, that's the next one.
Mr. Odio: There are two issues at the Marine Stadium, Mr. Mayor. One is the
restaurant that was approved and a lease was issued next to the existing lease
on the boatyard.
Mayor Clark: OK.
Mr. Odio: They have not come up with financing and therefore we are
recommending that we cancel this agreement.
Mayor Clark: Motion and a second, call the roll, Madam Clerk.
Commissioner Plummer: And, Mr. Mayor, we learned a lesson here that in the
future they will never put out an RFP (Request for proposal) that does not
have a deadline of performance. That was one of our problems here. And, we
learned our lesson, and I hope that we learned it well.
Mayor Clark: Good.
The following resolution was introduced by Commissioner Plummer, who
j moved its adoption:
RESOLUTION NO. 93-730
A RESOLUTION REJECTING THE BAYSIDE SEAFOOD RESTAURANT
AND BREWPUB PARTNERSHIP PROJECT AND THE LEASE
AGREEMENT' BETWEEN THE CITY OF MIAMI AND BAYSIDE
SEAFOOD RESTAURANT AMID BREWPUB PARTNERSHIP ("BAYSIDE")
PERTAINING THERETO, PROPOSED ON JUNE 29, 1993, TO
OPERATE A RESTAURANT, BREWERY AMID MARINE -RELATED
RETAIL FACILITY ON CITY -OWNED WATERFRONT PROPERTY OF
APPROXIMATELY 2.88 ACRES LOCATED ADJACENT TO AMID
IMMEDIATELY WEST OF MIAMI MARINE STADIUM ON THE
SoTTHERLY SHORELINE OF THE MARINE STADIUM BASIN,
MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
51 November 23, 1993
t
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Cammissioner Miller J. Dawkins
Cammissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Mayor Clark: Make sure, Mr. Manager, we have a deadline performance in the
new RFP.
Mr. Odio: Yes, sir.
Commissioner Plummer: All the RFP's.
------------------------ ------
21. DIRECT CITY MANAGER TO ALLOW VIRGINIA KEY MARINA, INC.
CONTINUED USE (ON A MONTH -TO -MONTH BASIS) OF AREA GOVERNED
BY CONCESSION AGREEMENT, AS ASSIGNED AND AMENDED (DATED MAY
19, 1978), WITH MARINE STADIUM ENTERPRISES, INC. -- WITH A
DESIGNATED FEE TO THE CITY OF GROSS REVENUES.
------------------------------------------------------------------------------
Mayor Clark: All right, item 19.
Commissioner Plummer: Move it, Mr. Mayor.
Mayor Clark: It's allowing the use of concession month -to -month in the base
of Virginia Key.
Commissioner Dawkins: Month -to -month for how long, and why?
Mayor Clark: Yes.
Commissioner Plummer: Until this Commission...
Mr. Cesar Odio (City Manager): We are issuing a... We are in the process of
preparing the RFP (Request for Proposal). Once the RFP goes out and awarded
this arrangement is ceased.
Mayor Clark: Mr. Manager.
Mr. Odio: Yes, sir.
Mayor Clark: What kind of a fee do we get off of this?
Mr. Odio: A 10.3 percent, sir, of the gross.
Mayor Clark: You know what, this is worth a lot more money to the City than
ten point... A lot more money than ten points. And, I believe that if you
52 November 23, 1993
are going to negotiate a 30 day lease with these people, at least you get more
percentage. And, this shouldn't go on for more than four or five months until
the RF'P for the whole thing is ready.
Mr. Odio: Yes.
Mayor Clark: And expedite it.
Mr. Odio: We will.
Commissioner Plummer: Well, Mr. Manager, Mr. Mayor, if I can be so bold even
though in the past I've had some discussion with my colleagues who didn't
j agree with me. I would seriously hope the Administration would consider doing
this also in-house. I really seriously question why we have to give this out
for somebody to make a profit when the City could do the same. So, I am not
saying that that's the best way to travel, but I hope that we don't preclude
the possibility of the City also owning, and we own it and operate it.
Mr. Odio: May I? What I would like to propose is that since we have an
opportunity we never had before to combine all the properties we have in the
Marine Stadium, I have one UDP (Unified Development Project) go out from the
Rusty Pelican all the way to the boatyard, the boat clubs. You will have one
opportunity to put all that land out for a study and proposals.
Mayor Clark: We have promised, Mr. Manager, that we are going to do the very
best that we can from this Commission table to make sure that the residents
and taxpayers of this community get the best return for the use of the land...
Mr. Odio: Yes, sir.
Mayor Clark: ...that belongs to the City... it belongs to them.
Mr. Odio: That's correct.
Mayor Clark: And, that's going to be a very, very important factor how these
leases are given out in the future.
CaTudssioner Plummer: Well, Mr. Mayor, if I may?
Cawdssioner Gort: Mr. Mayor.
Ms. Linda Kearson (Assistant City Attorney): Mr. Clark.
Mayor Clark: Excuse me, Mr. Gort and Mr. Dawkins after that.
Commissioner Plummer: Go ahead.
Commissioner Gort: Mr. Mayor, my question was the same, I'd like to see a
study of what would be the best use of this land. I'd like for the staff to
came back and rather than have the different pieces bid at different times,
maybe if we could have one comprehensive plan, it'll be a lot better for the
City.
Mayor Clark: Yes, sir. But it can't wait for a long time for that to come
UP.
53 November 23, 1993
Commissioner Gort: I'd like to see different alternatives. No, I think it
should be done as soon as possible. We made some commitments...
Mr. Odio: Let me just briefly, we are in the process...
Mayor Clark: Please, please, please, Mr. Dawkins.
Mr. Odio: I am sorry.
Commissioner Dawkins: Mr. Mayor and fellow Commissioners, I agree with J.L.
Plummer and with the Mayor, ten percent of gross is nothing. If they are
telling me that they are going to do something and get 90 percent of the
profit, why can't, as J.L. Plummer said, the City of Miami do it for 90
percent and give somebody ten percent for whatever their equipment or whatever
that we are using, and let the City of Miami do it ourselves?
Mr. Odio: May I, sir?
Mayor Clark: Mr. Manager.
Mr. Odio: The problem with this particular operation is that we would have to
buy the racks that are there now.
Commissioner Plummer: So?
Commissioner Dawkins: No, you wouldn't.
Mr. Odio: They own the racks. And, I would not recommend that we buy racks
for a short term operation, and as far as the forklifts, and the cranes.
Commissioner Dawkins: Mr. Mayor, I beg to differ with the Manager in that
whatever lease that's presently enforced, it goes out if we deny this lease.
Therefore, if anybody has a lease with the present lesser, and he cannot
fulfill, that individual must refund the money, period. That's number one.
Number two...
Commissioner Plummer: Don't clarify it.
Commissioner Dawkins: ...number two, if the present owner, or lessee has no
use for the racks, I don't have to buy them. He can either sell them to us,
give them to us, or lease them to us. Therefore, I do not see... I mean they
are no value to anybody unless you have the use of the facility. So, don't, I
mean, don't tell me that I would have to buy racks. Because I don't have to
buy racks, because I don't have to lease the property.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Mr. Plummer.
Ms. Kearson: Mr. Mayor.
Mayor Clark: Mr. Plummer is recognized.
54 November 23, 1993
Commissioner Plummer: Mr. Manager, I got a problem with your proposal, CSC.
And, I'll give you the reason for it. It would be nice to think that one
person could come over and take over from the Rusty Pelican to the Rowing
Club, that's the ideal. But, ideals don't happen. And let me tell you what
my concern is. Right next door here is Grove Key, one of the nicest guys I
know and a hard working individual, but when we wrote that lease, we gave him,
or we didn't give him, but we didn't realize that he had the right to put in a
restaurant called... What? No, no, no, the big restaurant.
Unidentified Speaker: The Chart House.
Commissioner Plummer: Chart House, OK. Now, let me tell you what happened,
he put that in as a lease to him and we get a piece of a piece of the action
where I say we should have gotten it entirely and not had to have him as a
middle man. Now, he did it legally, and he did it the right way...
Mayor Clark: But never again.
Commissioner Plummer: ...but my problem is that if you put the Marine Stadium
out in one swoop, you are going to have one guy with a master lease and a
whole lot of other subleases over there where we are going to get a piece of a
piece of the action, and I don't think we need to do that.
Mr. Odio: No, no, no. I agree with you, I think that what I am saying is
that we need to have... You have the opportunity to have one comprehensive
plan...
Commissioner Plummer: Oh, I don't...
Mr. Odio: ...and then you decide how you want to lease it out.
Commissioner Plummer: That's fine.
Mayor Clark: Mr. Manager, can you have that RFP back by the 16th of December?
Mr. Odio: Yes, sir. I just wanted to brief you that we are in one process
right now in trying to annex the land that the Marine Stadium sits on. It is
in the County, we are trying to annex that, and we are in that process.
That's why it's taking longer than usual.
Commissioner Plummer: Well, excuse me.
Mr. Odio: We should be finished by January, I hope.
Mayor Clark: Well, I am sure the County will expedite it if at all possible.
Commissioner Plummer: Excuse me, Mr. Mayor, don't be sure of that. I know
you come here with all of...
Mayor Clark: I've got a few friends there that can expedite things.
Commissioner Plummer: My question, Mr. Manager, that, that the County asked
of us for the sewer line, has that been yet granted? Going over to the new
sewer line?
55 November 23, 1993
MI
Mr. Odio: Yes, they are already in construction -on the way.
Commissioner Plummer: My question is Mr. Mayor - Manager, are you using that
as clout to get that piece annexed?
Mr. Odio: Yes, we are.
Commissioner Plummer: OK. You got a hold of the lever. OK, that's all I
want to know. Thank you.
Ms. Christina Cuervo: That was language discussed up front.
Mayor Clark: Mr. Manager, this is not going to take nine months or a year to
accomplish? - this new RFP and everything else.
Mr. Odio: No, sir.
Commissioner Plummer: Yes, 90 days.
Mr. Odio: No, sir.
Mayor Clark: All right.
Ms. Kearson: Mayor Clark.
Mayor Clark: Yes, ma'am.
Ms. Kearson: If I may? We need to first clarify that this is not a lease,
but a concession agreement. And that the concession there has no interest nor
vested rights in that land, firstly. Secondly, we need to establish a
specific day for the agreement to terminate... the date that the RFP is issued
or a specific date, whichever first occurs. Because you need to bear in mind
that this is technically a violation of Section 29-B. Also this Commission
passed a resolution several years back that clearly said that after May of
1993, this agreement would not be extended. So, I want you to establish a
clear cut date for this to end, and that this is not a lease.
Commissioner Dawkins: What, Madam Clerk, I mean Mr. Mayor, well then Madam
City Attorney, wouldn't it end on the date that you just said, May, whatever
it is? Doesn't the lease terminate on that date?
Ms. Kearson: The... It is not a lease, the concession agreement terminated
May of 1993. In June of this year, this Commission allowed a month -to -month
extension not to exceed 90 days for this particular agreement. What you are
doing now...
Mayor Clark: All right, let's do it... Let's do it like this, March the 31,
1994, no further extensions. March the 31st, 1994, no further extensions.
Commissioner Dawkins: OK, I'll move that, Mr. Mayor, if we establish the rate
of return for the use.
Mayor Clark: That's up to the Manager to come back with this situation.
56 November 23, 1993
Commissioner Dawkins: OK.
Mayor Clark: I asked him, ten percent is nothing.
Commissioner Dawkins: So moved.
Commissioner Plummer: Well, I... Excuse me, I don't think we can go off this
way.
Mayor Clark: Try to cane up back with a better rate by December the 16th, and
see if we can adjust to that.
Ms. Cuervo: OK, so we'll take it back and negotiate.
Mayor Clark: Yes, ma'am.
Vice Mayor De Yurre: Mr. Mayor, I have a few questions, if I may.
Mayor Clark: Yes, sir.
Vice Mayor De Yurre: Have they been paying the monthly rent?
Mr. Odio: They are current.
Vice Mayor De Yurre: They are current? As of when?
Ms. Cuervo: As of last month, I believe.
Mr. Odio: As of right now.
Ms. Cuervo: October, we...
Ms. Kearson: September.
Ms. Cuervo: It's September.
Mayor Clark: Have they been current?
Ms. Cuervo: Yes, they have been current. They have been current.
Vice Mayor De Yurre: OK, now...
Ms. Cuervo: We have been getting approximately 16,000 a month, so around 160,
170,000 a year.
Vice Mayor De Yurre: Which represents what percentage of the gross?
Ms. Cuervo: It represents 10.3 percent of the gross.
Vice Mayor De Yurre: So we are not increasing that at all? Is that what you
are suggesting?
Mr. Odio: No...
57 November 23, 1993
Ms. Cuervo: Right now, what we've been directed to do is to go back and
negotiate and come back with something better for the City.
Vice Mayor De Yurre: Well, we haven't voted on that yet. That's why I am
asking questions first. OK. So, also, Mr. City Manager, do on this
concession agreement, and I guess that I should be directing this to the City
Attorney, what happens to all the equipment and all the improvements of the
property?
Ms. Kearson: The equipment that's owned by the concessionaires is his. We
don't have any rights to that equipment. However, there is equipment there
that belongs to the City of Miami. I would suggest that, in the interim, we
take an inventory of all those things that are there, so that we would know
exactly what we own between now and March 30th. The improvements are ours.
Vice Mayor De Yurre: OK.
Ms. Kearson: Any improvements that were made, they are the City's
improvements.
Vice Mayor De Yurre: OK, and that does not include the racks?
Mr. Cuervo: No, sir.
Ms. Kearson: I'm... I don't think it includes the racks.
Mayor Clark: Apparently not.
Vice Mayor De Yurre: OK. When was the last time that we audited this entity?
Ms. Cuervo: 1991, it was for 1991 receipts.
Vice Mayor De Yurre: 1991, so...
Ms. Cuervo: So, we've ordered another audit, we've given a list to Internal
Audits of all the audits we want performed on our leases, and this one of them
we've included in it.
Vice Mayor De Yurre: One of the concerns that I've been hearing through the
grapevine is that we should go ahead and continue a month -to -month until we
get the UDP (Unified Development Proposal) and all this process going; and one
of the fears was that they would take us to court and hold up the process.
Which to me is abrasive to say the least. And, when I start to analyze that
logic and say; "OK, let them stay there on a month -to -month until we go
through this process." What will keep them, theoretically, from suing us
then, and prolonging this process even further dawn the road? I just want to
make sure that the reason that we would vote for this today is to maintain a
service to the community, which is basically a boat -racks, that they can
continue to use it. Because if the issue is that there is any veiled threat
or anything at all that they are going to take us to court, to hold up this
process, I am voting no right now, and we can go to court right immediately
and get them out of there, as well as we've should have a few months ago.
58 November 23, 1993
Ms. Kearson: That's why it is important...
Vice Mayor De Yurre: I just want to make that clear.
Ms. Kearson: ...that we characterize this agreement as just that, a
concession agreement. And, that we have a specific cutoff date for the
agreement to terminate.
Vice Mayor De Yurre: OK, and if we are going to have a cutoff date...
Ms. Kearson: And, there is the reason that you just stated why we are doing
this.
Ms. Cuervo: Right.
Ms. Kearson: To maintain the services to the community for a time certain.
Vice Mayor De Yurre: OK, now, doesn't logic dictate that if there is a drop
date that we are going to vote on, which is going to be March the 31st, I
believe that's the date that was proposed, then by March 31st, those racks
have to be gone? I mean, or are we just going to watch them stay there and
came March 30th, the racks are still up and there is no way possible that they
can move out of there by the given prescribed period. So, what procedure are
we going to have in place to remove them? That's number one, number two is we
have to analyze in a time frame, if we put out a request, what is that
procedure? Then, we have to analyze whether we want to continue to provide a
service to the boating community because March 31st, there is going to be a
number of months, if not a year or so, before that thing is operational again
depending on what replaces the activities that replace what is there today.
So maybe what we need to look at is, that in reality, we are looking at least
one year maybe a year and a half or two years before we have something new
there that replaces the present activity. So, if our position is that we want
to provide a service to the community, the boating community, maybe then March
31st is a premature period even though we need to establish a date that we may
extend down the road if we feel that that's the way it should go. But, I
think these are thoughts that I just wanted to share with the Commission as to
what we are facing right now.
Mayor Clark: I would say, Mr. Manager, that you should have this RFP ready
for that facility - not the big total marine facility, that's going to take a
lot of study, but this facility -- by the 16th of December. And, that would
isolate that, so we are not talking... getting mixed up in apples and oranges
and everything else. All right, Mr. Plummer, you made a motion on this item?
Cammissioner Plummer: Yes, sir.
Mayor Clark: Second? Is there a second?
Vice Mayor De Yurre: I'll second it.
Mayor Clark: All right, call the roll, Madam Clerk.
59 November 23, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-731
A RESOIJJTION DIRECTING THE CITY MANAGER TO ALU)W
VIRGINIA KEY MARINA, INC. THE COrTi'INUED USE, ON A
MWIH--TO-MONTH BASIS, OF THE AREA GOVERNED BY THE
CONCESSION AGREEMENT' DATED MAY 19, 1978 BETWEEN THE
CITY OF MIAMI AND MARINE STADIUM ENTERPRISES, INC., AS
ASSIGNED AND AMENDED, WITH A FEE TO THE CITY IN THE
AMW OF 10.3 PERCENT OF ITS GROSS REVENUES, SAID
CONTINUED USE NOT TO E ffEND BEYOND MARCH 31, 1994.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
` Mayor Stephen P. Clark
I NOES: None.
ABSENT: None.
--------------------------------------- ---------------------------------------
22. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO
ALLOCATE $175,000 OF PREVIOUSLY APPROPRIATED 19TH YEAR CDBG
FUNDS TO BETTER WAY FOUNDATION, INC. AND Y.M.C.A. OF GREATER
MIAMI -- FOR APPROVED PHYSICAL IMPROVEMENT PROJECTS --
COMMISSIONER GORT REQUESTS OF THE ADMINISTRATION A REPORT ON
PAST PERFORMANCE OF BETTER WAY FOUNDATION.
------------------------------------------------------------------------------
Mayor Clark: Next item. Item number 20.
Commissioner Plummer: I'll move it with discussion.
Commissioner Gort: Second.
Mayor Clark: A resolution allocating the 19th year CBDG (sic - Community
Development Block Grant) Funds for Better Way, Incorporated.
Commissioner Plummer: Mr. Manager.
Mayor Clark: What are... Mr. Manager, what do they amount to?
Commissioner Plummer: 175,000.
Mr. Cesar Odio (City Manager): 175,000, Better Way is 75,000, and YMCA (Young
Men Christian Association) Greater Miami is 100,000.
60 November 23, 1993
Mayor Clark: Are these left over funds from last year?
Mr. Odio: These were funds from the 19... Yes, sir.
Mayor Clark: How were these two agencies chosen?
Mr. Odio: By the Commission.
Mayor Clark: YMCA and the Better Way of Miami?
Commissioner Plummer: Yes, sir.
Mayor Clark: All right, sir.
Commissioner Plummer: Mr. Manager, my question in was with Better Way. I
thought we had an understanding with them that they were not going to receive
funds for fixing up that facility? Nor were they going to receive funds for
operational. Now, that facility belongs to us.
Mr. Odio: Yes, sir, that's next to Beckham Hall.
Commissioner Plummer: And as I recall the argument previous, was that there
were certain areas of that facility that could not be opened up because of the
money that would need to be spent to expand. And now I am finding here that
we are now giving money for...
Mr. Odio: Physical improvements.
Commissioner Plummer: ...physical improvements. Why?
Mr. Frank Castaneda: Well, Commissioner, if you recall the citizen's
participation process, this was one of the projects that was approved and came
to the City Commission. The intent was that they were short in their funding
and they needed $75,000 to basically do a handicap access and other issues in
the facility. And again this is our building. But, you are right.
Commissioner Plummer: Yeah, I understand it's our building. But, the
building, as we also remember, we said that if the termites unfolded their
arms, the walls would fall. The building is not in that good a shape. YMCA,
that's a second one. That's a brand new building; is that correct? Are you
talking about the one downtown?
Mr. Castaneda: No, we are talking about the one in Allapattah.
Mr. Odio: In Allapattah.
Commissioner Plummer: In Allapattah. OK. I just remember in Better Way that
we made a commitment that we would not make any further payments to Better
Way. Now, if I stand corrected, I stand corrected.
Commissioner Dawkins: I remember it.
Commissioner Plummer: Sure.
61 November 23, 1993
Ms. Beth Lang: Hi. My name is Beth Lang. I'm executive director of Better
Way of Miami. When we had moved into that building, we started in November,
and with the help of a lot of contractors, and good friends and people, we had
done all of the essential work that was needed to move into that, at no cost
to the City. We are very poorly funded in terms of, you know, day-to-day
operation. What we are requesting of the City now are the essential things
that are needed to continue to keep that building in good shape, and to add to
our ability to continue to serve Miami's homeless.
Ccmmi.ssioner Plummer: That's not my problem. My problem is, is when we gave
you the lease to occupy the building, it was to be at no cost to the
taxpayers. And now, we're talking about $75,000 of taxpayers' money. That's
my problem. It's coming after the fact.
Mayor Clark: Well, a lot of these things happen, J.L. When they get into a
place, they just can't live up to the original agreement. Mr. Manager, are
you recommending this?
Mr. Odio: Yes, sir. They do - they are helping us...
Mayor Clark: I know they do a great job.
Mr. Odio: A great job there.
Commissioner Plummer: No question, Mr. Mayor, they do a great job, but, you
know, we have about 40 of these programs, and when you set a precedent, then
the others feel they have the same right, and that's also my concern.
Mayor Clark: When we start to divide the next group of CDBG (Ccnymmity
Development Block Grant) funds...
Commissioner Plummer: All right, sir.
Mayor Clark: ...we better watch out very carefully, because the Federal
Government, if they're not satisfied with what we're doing, they'll cancel the
whole amount.
Ccmmissioner Plummer: All right, sir.
Mayor Clark: And we'll have nothing.
Commissioner Plummer: Proceed.
Commissioner Dawkins: But, you see, Mr. Mayor, J.L. Plummer is correct.
Numerous groups have come here...
Commissioner Plummer: And been turned down.
Commissioner Dawkins: ... and we have turned them down...
Ccami.ssioner Plummer: That's right.
Commissioner Dawkins: ... saying that we cannot give you money to fix a
building. We can give you money for food or for services, but the money is
62 November 23, 1993
not for bricks and mortar. And now, we're setting a precedent, because if -
because those who we've turned down, if they come back, I would have to - I'll
have to be on the winning side to vote yes. And where will we run out of
money? And we just then - we just - they just got $194,000 for a shelter
grant. So, I mean, I'm just saying what's coming in, that's all.
Mayor Clark: All right. Thank you, Commissioner Dawkins. Any further
discussion? What's the pleasure of the Commission?
Commissioner Gort: Mr. Mayor, I'd like to ask a question of both of these
agencies. I'm familiar with one of them, I'm not familiar with the other one.
What I'd like to get - one of the commitments that I made is that I'll look at
every one of those agencies and see their performance. I would like to get in
the future, if possible, a copy of their performance, what they have done in
the past, and what are the projections and the goals for the future, that they
have made for the future, because any agency that comes in front of me that
has not performed, I would like to take the... So... I, myself, personally,
am not ready to vote on this one, Mr. Mayor. I don't know much about these
agencies. I know about the YMCA, but I'd like to get a report back on the
performances. At the same time, I'd like to know...
Commissioner Plummer: You want to defer it?
Commissioner Gort: ... what this money is...
Mayor Clark: Move to defer it. Move to defer...
Commissioner Gort: Yes.
Ccmmissioner Plummer: Second.
Mayor Clark: ... to the meeting on the 16th of December.
Commissioner Gort: I'd like to get more information on what is going to be
done with this money, and how it's going to benefit the community.
Commissioner Plummer: OK.
Mayor Clark: That will be fair. Call the roll, Madam Clerk.
THEREUPON MOTION DULY MADE BY CC M'IISSIONER GORT AND
SECONDED BY COMMISSIONER PU MM, ITEM 20 WAS DEFERRED
BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
63 November 23, 1993
------------------------------------------------------------------------------
23. EXPAND BOUNDARIES OF LITTLE HAVANA COMMUNITY DEVELOPMENT
TARGET AREA TO THE NORTH AND WEST -- FOR CDBG PURPOSES.
------------------------------------------------------------------------------
Mayor Clark: Next item.
Commissioner Plummer: The boundaries...
Mayor Clark: Resolution expanding the Little Havana...
Commissioner Plummer: What is that?
Mr. Cesar Odio (City Manager): CDBG (Community Development Block Grant).
Mayor Clark: ... CDBG target area.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Any discussion on this item? Hearing none, call the roll, Madam
Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-732
A *L- n-111TION EXPANDING THE BOUNDARIES OF THE LITTLE
HAVANA CONKJNITY DEVELOPMENT TARGET AREA TO THE NORTH
AND TO THE WEST, FOR CU44UNITY DEVELOMW H= GRANT
1: 19.
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
64 November 23, 1993
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
--------------------------------------------------------------------;----------
24. REJECT PROPOSAL SUBMITTED BY LIGHTHOUSE MARINA AND BOATYARD
AT DINNER KEY INC. -- FOR UNIFIED DEVELOPMENT OF THE DINNER
KEY BOAT YARD AND MARINA PROPERTY (2640 S. BAYSHORE DRIVE).
Mayor Clark: Item 22. Rejection of the Lighthouse Marina and Boatyard of
Dinner Key proposal.
Commissioner Plummer: Move it.
Commissioner Gort: Second.
Mayor Clark: Any discussion? Yes, sir?
Mr. Ricardo Nunez: Hello. My name is Ricardo Nunez. Good morning, Mayor and
Commissioners. I'm an attorney with law offices at 2601 South Bayshore Drive.
I represent the Lighthouse Marina and Boatyard at Dinner Key, Inc. group. We
are here to request a deferral so that we can have an opportunity to meet with
the new Commissioners and discuss our proposal, and explain to them the
lengthy history. The current status of our proposal is the City Manager is
recommending the rejection of our proposal. There have been significant
procedural and substantive errors conducted over the past year and a half. In
particular, most recently is the selection review committee's consideration of
our proposal. These are issues that we've raised, and we would like to have
them addressed by the City Attorney, and we would like to have an opportunity
to discuss then with the Mayor and the new City Commissioner, so that we can
elaborate and explain why we believe our proposal should not be rejected, but
rather sent back to the selection review committee. So right now, we are
requesting a deferral.
Mayor Clark: All right, sir. Mr. Manager.
Mr. Cesar Odin (City Manager): Yes, sir.
Mayor Clark: Has anything changed prior to - after the first UDP (Unified
Development Project) went out?
65 November 23, 1993
Mr. Odio: No, sir. And...
Mayor Clark: Explain a little of this to me.
Mr. Odio: Yes, sir. We...
Mayor Clark: I've watched it once on television. I haven't gotten to the
roots of it, though.
Mr. Odio: The proposal went to the selection committee one time. The
selection committee at that time recommended, four:three, for the proposal.
After I reviewed with the staff, the CPA (certified public accountant)
analysis of their proposal, we decided that they did not have the financial
capabilities to proceed with this project. It was brought to the Commission
for rejection. The City Commission decided to then send it back to the
selection committee, and have the selection committee recommend directly to
this Commission what we should do with this project. The selection committee
voted, four:three, to reject this project. And that's why we brought it back
here the last time before the election, and it was deferred once already, and
we are again coming back, saying that the selection committee already analyzed
this proposal, and has rejected this proposal.
Mayor Clark: Mr. Manager, on the financial side, where did that information
come from, that they're not financially capable of carrying this out?
Mr. Odio: The information they provided during the _process was not
sufficient, and we had to use that information as the only way that we had of
judging their proposal. They came in after the fact with additional
information, and new investors.
Mayor Clark: I asked you that first, had anything changed during the process.
Mr. Odio: Yes, they changed their investors after the proposal was turned in,
which was not something we could deal with.
Mayor Clark: So you're stating then, for rejection, it's not fair to the
other bidders on this item.
Mr. Odio: That is correct, sir.
Mayor Clark: That they have the same opportunity to adjust their bid.
Mr. Odio: That is correct, sir.
Mr. Nunez: Well, one thing I'd like to point out, Mayor, if I could, in this
case, there were no other bidders, but assuming there even would have been,
the original investor group only changed at the direction of the selection
review commmittee, who passed the recommendation in which it directed the
Lighthouse Group to expand their investor group. The original investor group
also had the financial wherewithal to do this. A bank letter was provided.
There's also a performance bond that's required, pursuant to the RFP (Request
for Proposals). So the financial criteria is something that... it is an
issue, but it's something that we adequately addressed. But more importantly,
at this point, the last time the selection review committee considered this...
66 November 23, 1993
originally, they recommended in favor. The second time, they recommended
against, and it is because of the series of procedural errors that we've
raised that were conducted at that meeting. And that's why we think if the
Board is to take action right now, and it is not a deferral, should be to send
it back to the selection review committee to consider our proposal, pursuant
to proper procedural basis.
Mayor Clark: Mr. Manager, did the staff do a market study prior to this UDP
(Unified Development Project) to determine what use of the property would
produce the best return on investment to the City?
I
Mr. Odio: No, sir, because we were instructed by this Commission a long time
ago that this property was to be maintained as a full service boatyard, and so
we did not appraise the property for other uses but a full service boatyard,
sir.
Mayor Clark: Other uses were not considered?
Mr. Odi.o: No, sir, it was not.
Mayor Clark: You know, just a boatyard. There are other uses that could be
considered that would return a far greater amount to the City.
Mr. odio: Yes, sir, but again, the Waterfront Board recommended it, and the
ccma mity involvement in this process was that we would keep it as a full
service boatyard, and nothing else.
Mr. Nunez: Yeah. our proposal also includes 20,000 square foot of retail.
Mayor Clark: OK. All right, what about FEMA (Federal Emergency Management
Agency) monies? Do you have FEMA monies to repair those docks?
Mr. Odio: Yes, sir, yes, sir, we do. We have a million and a half dollars to
rebuild the marina.
Mayor Clark: Any further questions? Hearing none, the motion for the
Commission, the recommendation is to reject?
Mr. olio: Yes, sir, it is.
Mayor Clark: Is there a motion?
Commissioner Plummer: I so move.
Mayor Clark: Moved by Mr. Plummer.
Commissioner Gort: It was move and seconded.
Mayor Clark: Seconded by Mr. Gort. Call the roll.
67 November 23, 1993
The following resolution was introduced by Comrli.ssioner Plummer, who
moved its adoption:
RESSOLUTION NO. 93-733
A RESOLUTION, WITH ATTACHE TPS, R&JECrING THE PROPOSAL
SUEMITTED BY LIGHTHWsE MARINA AND BOATYARD AT DINNER
KEY INC. FOR THE UNIFIED DEVELOPMENT OF THE DINNER KEY
BOATYARD & MARINA PROPERTY LOCATED AT 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FWRIDA.
(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:
i
j AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Mr. Nunez: Thank you.
Mayor Clark: Thank you all.
68 November 23, 1993
------------------------------------------------------------------------------
25. RATIFY / REAFFIRM DESIGNATION OF EAST LITTLE HAVANA
COMMUNITY DEVELOPMENT CORPORATION AS PROJECT SPONSOR TO
DEVELOP A LOW DENSITY RESIDENTIAL HOUSING PROJECT ON 7
VACANT CITY -OWNED PARCELS IN EAST LITTLE HAVANA (AT S.W. 2
AND S.W. 3 STREETS BETWEEN S.W. 4 AND S.W. 5 AVENUES) --
ESTABLISH $238,525 AS ACQUISITION AMOUNT TO BE PAID BY
SPONSOR TO THE CITY FOR SAID PARCELS FOR SUBSEQUENT
DEVELOPMENT OF A 22 UNIT AFFORDABLE TOWNHOME PROJECT --
EXECUTE APPROPRIATE DOCUMENTS / MEMORANDUM OF AGREEMENT.
Mayor Clark: Call the next item, item 23. Reject... resolution relating to
the East...
Unidentified Speaker: Twenty-three, Mayor?
Mayor Clark: Yeah. Resolution relating to the East Little Havana Cc muinity
Development Corporation. Discussion on this item. Recommendation fram the
Manager.
Commissioner Plummer: Mr. Mayor, the only - I'll move it to get it on the
agenda.
Mayor Clark: All right.
Commissioner Gort: Second.
Commissioner Plummer: Under discussion. You know, Mr. Manager, we've
appointed a committee, and I understand housing, and housing is very
important, but taxes to this City are very important. If this project were to
go through, will taxes be paid to the City, in ad valorem taxation?
Mr. Cesar Odio (City Manager): Yes, sir. Oh, yes, sir.
Commissioner Plummer: OK. I'm going to ask that now on every one of these
items, because, Mr. Mayor, for your edification, we appointed a committee same
two or three months ago, which I hope will get active very soon, in reference
to tax-exempt property within our City limits which is getting staggering.
Mayor Clark: That's an excellent idea.
Commissioner Plummer: So I just wanted to make sure that, that is the rase
here. I will move this. These people in the past have done an excellent job
in housing. They're one of the few that have really - they've really done
what they said they could do, and I think it's an honor to move this item.
Mayor Clark: Seconded by Mr. Dawkins. Call the roll, Madam Clerk, with no
further discussion.
69 November 23, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-734
A RESOLUTION, WITH ATrACH1MENi'S, RATIFYING AND
REAFFIRMING MIAMI CITY COMMISSION RESOLUTION NO. 93-
14, ADOPTED JANUARY 14, 1993, WHEREBY THE CITY
COMMISSION APPROVED, IN PRINCIPLE, THE DESIGNATION OF
THE EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION (A NOT -FOR -PROFIT CORPORATION), AS THE
PROJECT SPONSOR ("SPONSOR") TO UNDERTAKE THE
DEVELOPMENT OF A LOW DENSITY RESIDENTIAL HOUSING
PROJECT TO BE SITUATED ON SEVEN (7) VACANT CITY -OWNED
PARCELS LOCATED IN THE EAST LITTLE HAVANA NEIGHBORHOOD
AT S.W. 2ND AND S.W. 3RD STREETS BETWEEN S.W. 4TH AND
S.W. 5TH AVENUES, MIAMI, FLORIDA; ESTABLISHING
$238, 525 AS THE ACQUISITION ANENT TO BE PAID BY THE
SPONSOR TO THE CITY OF MIAMI FOR SAID PARCELS FOR THE
SUBSEQUENT DEVELOPMENT OF A "OE Y-TWO (22) UNIT
AFFORDABLE TOWNHOME PROTECT; AUTHORIZING THE CITY
MANAGER TO P KE= THE APPROPRIATE LEGAL DOCUMENTS, IN
FORMS ACCEPTABLE TO THE CITY ATTORNEY, SING SAID
PARCELS, MORE PARTICULARLY AND LEGALLY DESCRIBED IN
THE ATTACHED EXHIBIT "A", TO THE SPONSOR; FURTHER
AUTHORIZING THE CITY MANAGER TO EKECUI'E A MEMORANDUM
OF AGREEI 1T, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, BETWEEN THE CITY OF MUM AND THE SPONSOR IN
CONNECTION WITH SAID PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
70 November 23, 1993
26. - AUTHORIZE CITY MANAGER TO MAKE PURCHASE OFFERS / EXECUTE
AGREEMENTS WITH OWNERS OF 9 VACANT PARCELS OF LAND WITHIN
CITY'S COMMUNITY DEVELOPMENT TARGET AREAS ($135,000) -- TO
BE USED FOR DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW AND
MODERATE INCOME FAMILIES IN CONNECTION WITH THE SCATTERED
SITE AFFORDABLE HOMEOWNERSHIP DEVELOPMENT PROGRAM --
ALLOCATE FUNDS FROM CDBG (OVERTOWN HOMEOWNERSHIP PROGRAM,
PROJECT 705214).
------------------------------------------------------------------------------
Mayor Clark: Item 24, a resolution authorizing acquisition of nine...
Commissioner Plummer: I'll move it, and I have the same question.
Mayor Clark: Yes, sir.
Commissioner Plummer: Is this going to be tax-exempt or not?
Mr. Jeff Hepburn: Once there are new homes built on the properties, yes, they
will be taxed.
Commissioner Plummer: They will be taxed?
Mr. Hepburn: Yes.
Commissioner Plummer: OK.
Cami.ssioner Gort: We're increasing the tax roll.
Commissioner Plummer: Well, hey.
Mayor Clark: With no further discussion, Madam Clerk, call the roll.
71 November 23, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-735
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MARE PURCHASE OFFERS, AS SPECIFIED HEREIN,
AND EXECUTE AGREEMENTS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH THE OWNERS OF NINE (9) VACANT
PARCELS OF LAND UOCATED 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 $135,000, 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 DEVEIOPMENT
PROGRAM; ALLOCATING FUNDS THEREFOR FROM THE COMMUNITY
DEVELOPMENT BLQCTC GRANT PROGRAM UNDER THE OVERTOWN
HOMEOWNERSHIP PROGRAM, PROJECT NO. 705214; AUTHORIZING
THE CITY ATTORNEY TO PROCEED TO CLOSE ON THE SUBJECT
PARCELS AFTER EXAMINATION OF THE ABSTRACT'S AND
CONFIRMATION OF TITLE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
72 November 23, 1993
------------------------------------------------------------------------------
27. DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO
EXECUTE A CONSTRUCTION LOAN AGREEMENT AND MORTGAGE WITH
CITADEL ARENA CORPORATION INC. -- FOR A $2.5 MILLION LOAN
(UNDER U.S. DEPT. OF HOUSING AND URBAN DEVELOPMENT SECTION
108 PROGRAM) -- TO FINANCE DEVELOPMENT OF A RESTAURANT /
SPORTS BAR COMPLEX IN SOUTHEAST OVERTOWN / PARK WEST
COMMUNITY REDEVELOPMENT DISTRICT IN SOUTHEAST OVERTOWN
COMMUNITY (N.W. 5 STREET AND N.W. 1 AVENUE).
------------------------------------------------------------------------------
Mayor Clark: Item 25.
Commissioner Plummer: Twenty-five, I'll move it. I have a question.
Mayor Clark: Other questions, yes. is there a second? On the floor. What
is the deadline on executing the HUD (Housing and Urban Development) agreement
on this mortgage loan?
Mr. Cesar Odio (City Manager): What is the deadline, Herb, on this agreement?
Mr. Herbert Bailey (Assistant City Manager): There is no deadline.
Ccmmmissioner Plummer: On 24 or 25?
Mr. Bailey: Twenty-five.
Commissioner Plummmer: OK. Who is Citadel Arena?
Mr. Bailey: Citadel.
Commissioner Plummer: Who are they?
Mr. Bailey: Mr. Daniel Arias is the owner of the property and the developer.
He is a developer in the City of Miami and Dade County that has several
shopping centers.
Commissioner Plummer: Do we have any background on him?
Mr. Bailey: Other than that he's a successful businessman in the City and he
has several shopping centers.
Commissioner Plummer: That's not what I'm asking. Is he a sole owner?
Mr. Bailey: He's a sole owner, yes.
Commissioner Plurmier: And how long is this loan for?
Mr. Bailey: Twenty years. It's a 20-year...
Commissioner Plummer: At what interest?
73 November 23, 1993
Ms. Linda Kearson (Assistant City Attorney: That's not correct. It's ten
Yam•
Mr. Bailey: I'm sorry, we changed it. A ten-year mortgage.
Commissioner Plummer: At what interest?
Mr. Erdal Donmez: The interest will be - if the loan were to be assigned
today, it would be about ten - five percent. It's going to be 1.5 percent
over the HUD rate, and that rate is, today, would be about 3.5 percent.
Commissioner Plummer: OK. You know, I want development in Park West
Overtown, we all do. But I'm just wondering if we're doing the right thing
going into sports bars. You know, I got a hang-up with that. Is that the
kind of development...? I realize it's around the Arena, Mr. Manager, but
really, should the City be about the business of putting more bars?
Mr. Bailey: I think you're emphasizing the bar more than what it really is,
Commissioner. It's a food court.
Commissioner Plummer: No, I'm emphasizing what it usually winds up being.
Mr. Bailey: This is a food court because of the tenants who are coming in are
in the food service business. The recreational part, in terms of the sports
bar, is a supplemental, but most of the tenants will be people in the food
service business and...
Mayor Clark: Mr. Bailey, Mr. Bailey.
Mr. Bailey: Yes.
Mayor Clark: Mr. Manager.
Mr. Odio: Yes, sir.
Mayor Clark: Supposition number one: Have you taken, by recommending this,
have you taken into consideration what effect, what the final result will be
if the Heat moves out of that area?
Mr. Odio: It would be affected tremendously.
Mr. Bailey: We have looked at that, Mr. Mayor, but we also have looked at the
new development that's taking place around there in terms of the new federal
building for the judges, which you have about 200 people in there, the Federal
Detention Center. The population around there would be, in the developer's
mind and our mind, more of a complement necessary to support this investment.
Mayor Clark: That's true, but don't forget, those federal buildings, they
close at 5:00, not open on holidays, there's no activity down there. The only
thing that's keeping them around there now is the Heat, or the activities at
the Arena.
Mr. Bailey: The detention center, sir, would be open 24 hours.
74 November 23, 1993
Mayor Clark: Yeah, but you're not going to get those people to popularize
your place.
Mr. Bailey: Well, no, but we do think that this type of development in
downtown - in fact, this is the first new development...
Mayor Clark: We need it, yes, we need, no doubt about that.
Mr. Bailey: Yeah, OK.
Mayor Clark: But is this the right move?
Mr. Bailey: We have discussed it with the owner. He is aware of the
potential problem if the basketball team leaves the Arena, but we still think
there will be significant activity at the Arena.
Commissioner Plummer: That's what I'm going to find out right now. On
default...
Mayor Clark: Commissioner Plummer.
Commissioner Plummer: On default.
Mr. Bailey: Right.
Commissioner Plummer: What happens?
Mr. Bailey: Now, there are two defaults. If he defaults in terms of the
land, then the City has the first right of refusal to cure the problem and
take over the land. If he defaults on the building, which is our mortgage,
then we have the same risk that we would have on any other community
development project.
Commissioner Plummer: Is he putting the land up as collateral?
Mr. Bailey: The land has a mortgage on it.
Mayor Clark: Mr. Manager, are these federal monies that we're loaning?
Mr. Odio: Yes, sir.
Mr. Bailey: Federal monies, yeah. Section 108 loan.
Commissioner Plummer: But how - excuse me. What collateral have you got, in
case he goes under?
Mr. Bailey: The improvements.
Commissioner Plummer: Only the building?
Mr. Bailey: Yes.
Commissioner Plummer: And we don't own the land?
75 November 23, 1993
Mr. Bailey: We have him, personally, yes.
Commissioner Plummer: Do you - how long a lease do you have on the land, if
we own the building?
Mr. Bailey: The land is owned by the developer.
Commissioner Plummer: I understand that.
Mr. Bailey: Yes.
Commissioner Plummer: If we - we're going to loan him money to build a
building on his land, which is mortgaged.
Mr. Bailey: Mortgaged, yes.
Commissioner Plummer: OK. He goes under and files for bankruptcy. We now
take the building as collateral, but he still owns the land that the building
is on.
Mr. Bailey: No. Our agreement with the Bank of Tokyo is that we also have
the first right to take over the land.
Commissioner Plummer: Bank of Tokyo.
Mr. Bailey: They hold a mortgage on the land, yes. This is a two-party
agreement. The Bank of Tokyo is one of the private lenders on the land. Mr.
Arias, himself, is investing, and we are the public lenders.
Commissioner Plummer: Well, you know, second question.
Mr. Bailey: All right.
Camnissioner Plummer: Why is he doing business with us and not with the bank?
Mr. Bailey: Well, he has done business with the bank, and we...
Commissioner Plummer: But why doesn't he go to the normal lending
institutions to make a loan, instead of coming to the City?
Mr. Bailey: Commissioner, Commissioner, nobody is lending any money in that
area.
Mayor Clark: J.L., J.L., it's very simple. You're not going to get that kind
of money fran a bank.
Commissioner Plummer: All right. Again, I am concerned about this so-called
two-party agreement, where I would own a building, and he owns the land, and I
have no lease whatsoever on the land of the building that I own.
Mr. Bailey: If he defaults, he probably would default on both pieces, and we
would have it all.
Mayor Clark: All right. Mr. ...
76 November 23, 1993
Cannissioner Plummer: No - excuse me, Mr. Mayor. I'm not satisfied with
that. I would be satisfied with him putting up the land as a default.
Mr. Bailey: The land has a mortgage, Commissioner.
Ms. Kearson: He can't do that.
Mr. Bailey: Can't do that.
Ms. Kearson: You need to understand...
Mr. Bailey: This is a true - go ahead, Linda.
Ms. Kearson: You need to understand our relationships here. The City of
Miami will be in a second position.
Mayor Clark: Oh.
Ms. Kearson: The Bank of - I need to explain that to you, because that's the
way these documents are prepared at this point. The Bank of Tokyo is...
Commissioner Plummer: No way I'll vote for it.
Ms. Kearson: May I? The Bank of Tokyo is lending Mr. Arias $700,000. They
will hold the mortgage on the land. We are proposing to lend him $2.5 million
for the improvements. I have yet - I have not seen the mortgage documents,
nor loan agreement from the Bank of Tokyo to give us a level of comfort that
in the event Mr. Arias were to default on their loan...
Commissioner Plummer: Yeah, like Eastern Airline.
Ms. Kearson: ... that the City of Miami would, in fact, have the right to
cure.
Mayor Clark: All right.
Ms. Kearson: The only thing I have received thus far, the Law Department that
is...
Mayor Clark: All right.
Ms. Kearson: ... is the loan terms. But I have not received anything
official, in my opinion, from the Bank of Tokyo.
Mayor Clark: All right. Mr. De Yurre has the floor.
Vice Mayor De Yurre: Yes, sir. Thank you, Mr. Mayor. Mr. Bailey...
Mr. Bailey: Yes.
Vice Mayor De Yurre: ... what is the value of that land right now?
Mr. Bailey: $1.1 million is the latest appraisal.
77 November 23, 1993
Vice Mayor De Yurre: 1.1. How much is the debt?
Mr. Bailey: Seven hundred thousand.
Vice Mayor De Yurre: So he is putting up $400,000 of his arm money,
theoretically?
Mr. Bailey: Well, that's the equity of the land. He's also putting up more
money. It's a four and a half million dollar project.
Vice Mayor De Yurre: Haw much more is he putting up?
Mr. Bailey: The difference between the 1.4 and the 2.5. That's three...
Vice Mayor De Yurre: Well, what's 1.4?
Mr. Bailey: 1.4 is the value of the land.
Vice Mayor De Yurre: I thought it was 1.1.
Mr. Bailey: Oh, I'm sorry. 1.1.
Vice Mayor De Yurre: So he's putting up two and a half million dollars of
! which...
Mr. Bailey: He's borrowing two and a half million from us, which is his awn
private...
Vice Mayor De Yurre: No, but hold it, hold it, hold it.
Mayor Clark: 3.6...
Vice Mayor De Yurre: He owns a piece of land that's mortgaged to the tune of
$700,000, and it's appraised at 1.1.
Mr. Bailey: Correct.
Vice Mayor De Yurre: So he has $400,000 equity.
Ccami.ssioner Plummer: Steve, this is what you call Eastern Airlines.
Vice Mayor De Yurre: How much money is he putting in? How much more?
Mr. Bailey: Let me calculate it for you, Commissioner. That's 2.9. That's
1.1...
Vice Mayor De Yurre: He's going to get a construction loan.
Mr. Bailey: He has $900,000 additional money.
Vice Mayor De Yurre: Of his own, out of his own pocket?
Mr. Bailey: Yes.
78 November 23, 1993
Vice Mayor De Yurre: So we're going up to what?
Mr. Bailey: Four and a half million dollar project.
Vice Mayor De Yurre: CK. A four and a half million dollar project. How much
is he borrowing out of that four and a half million?
Mr. Bailey: Two and a half from us, and the $700,000 from the Bank of Tokyo.
That's 3.2.
Mayor Clark: Mr. Bailey...
Vice Mayor De Yurre: That's 3.2. Are you telling me that, then, he's going
to put in 1.3, whether through equity or out of his own pocket?
Mr. Bailey: That is correct.
Mayor Clark:
Mr.
Bailey,
is the gentleman present?
Mr. Bailey:
No.
He was
advised to come...
Commissioner Plummer: I don't know where they're getting those numbers from.
Mr. Bailey: ... but he didn't expect the meeting to go this fast, I don't
think, so...
Mayor Clark: I would think someone requesting two and a half million dollars
in a loan would be at least present, or somewhere within the City.
Commissioner Plummer: Mr. Mayor, I ask this to be deferred. There's too many
questions here to be asked.
Mr. Bailey: Yeah. He was coming at 10:30. We just didn't know.
Commissioner Plummer: Well, I would ask this be deferred until the January
meeting.
Mayor Clark: All right. Is there a second?
Mr. Bailey: January?
Vice Mayor De Yurre: Second.
Mayor Clark: Call the roll, Madam Clerk.
79 November 23, 1993
THEREUPON MOTION DULY MADE BY COMMISSIONER PIID1MER AND
SEDONDED BY VICE MAYOR DE YURRE, ITEM 25 WAS DEFERRED
M JANUARY 1994 BY THE FOLLOWING VOTE:
AYES: Cammissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
I
COMMENTS MADE DURING ROLL CALL:
Vice Mayor De Yurre: Did you say January, or you want it for December?
Commissioner Plummer: January meeting.
Mayor Clark: January meeting.
Vice Mayor De Yurre: January?
i
Commissioner Plummer: Yeah.
Vice Mayor De Yurre: OK.
------------------------------------------------------------------------------
28. AUTHORIZE CITY MANAGER TO NEGOTIATE / ENTER INTO AGREEMENT
WITH DOWNTOWN DEVELOPMENT AUTHORITY (DDA) -- TO CONDUCT A
COMPREHENSIVE MULTI -MODAL AND PEDESTRIAN MASTER DESIGN AND
DEVELOPMENT PLAN FOR THE DOWNTOWN MIAMI FLAGLER STREET
COMMERCIAL CORRIDOR -- UTILIZING $100,000 PROVIDED BY DADE
COUNTY METROPOLITAN PLANNING ORGANIZATION (MPO).
------------------------------------------------------------------------------
Mayor Clark: Next item is item number 26.
Commissioner Plummer: That's from the DDA (Downtown Development Authority).
It's my item, Mr. Mayor. I move it.
Mayor Clark: J.L.
Commissioner Gort: Mr. Mayor, I got a question. Well, let me second before
the discussion.
Commissioner Plummer: Sure, go ahead.
Commissioner Gort: This is the same ramps that we had ten years ago, or maps,
or what are the changes on the...
80 November 23, 1993
Mr. Matthew Schwartz: This is looking at the pedestrian flow on Flagler
Street with the intention that this is the first step of getting the funding
for design through the MPo (Metropolitan Planning organization) process, and
then followed by construction...
Mayor Clark: We're all - excuse me, sir. We're all new. Give us your name,
please.
Mr. Schwartz: I'm sorry, Mayor. Matthew Schwartz, executive director of the
Downtown Development Authority.
Mayor Clark: Mr. Plummer, you serve on that board; is that right?
Commissioner Plummer: Yes, sir. I'm chairman.
Mayor Clark: What is your recommendation?
Commissioner Plummer: I recommended it, but my colleague had questions,
because he's very familiar with downtown.
Commissioner Gort: I got the answer. No problem.
Mayor Clark: Any other questions, Mr. Gort?
Commissioner Gort: No, sir. Thank you.
Mayor Clark: All right. Any questions of members of the Commission?
Recommended by...
Commissioner Plummer: Let the record reflect, Mr. Mayor, the money is caning
from MPo.
81 November 23, 1993
Mayor Clark: Yes, sir. Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-736
A RESOLtTrION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, WITH THE DCX&=M DEVELOPMENT
AUTHORITY OF THE CITY OF MIAMI (DDA) TO COIN A
COMPREHENSIVE MULTI -MODAL AND PEDESTRIAN MASTER DESIGN
AND DEVELOPMENT PLAN FOR THE DOWNTOWN MIAMI FLAGLER
STREET' Ca4 ERCIAL CORRIDOR, UTILIZING FUNDS, NOT TO
EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000),
PROVIDED BY THE DADE COUNTY METROPOLITAN PLANNING
ORGANIZATION (MPO) TO THE CITY OF MIAMI DURING
CALENDAR YEAR 1993.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
82 November 23, 1993
------------------------------------------------------------------------------
29. SUPPORT I-95 DUPONT PLAZA RAMP CONCEPT PRESENTED IN A
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) STUDY (DATED SEPTEMBER
30, 1993), URGING FLORIDA DEPARTMENT OF TRANSPORTATION
(FVOT) AND DADE COUNTY METROPOLITAN PLANNING ORGANIZATION
(MPO) TO APPROVE FUNDING FOR PRELIMINARY DESIGN AND
ENGINEERING FOR FISCAL YEAR 1994.
Commissioner Plummer: Item 27, likewise, from the DDA (Downtown Development
Authority). I move it, Mr. Mayor. All of this, by the way, fran DDA has been
recommended to this Commission by the board.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Plummer: Again, let the record reflect this is MPO (Metropolitan
Planning Organization) monies.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-737
A RESOLUTION OF THE MIAMI CITY COMMISSION IN SUPPORT
OF THE I-95 DUPONT PLAZA RAMP CONCEPT PRESENTED IN A
DDMUIOWN DEVELOPMENT AUTHORITY (DDA) STUDY DATED
SEPTPMBER 30, 1993, AND URGING THE FLORIDA DEPARDEM
OF TRANSPORTATION (FOOT) AND THE DADE COUNTY
METROPOLITAN PLANNING ORGANIZATION (MM) TO APPROVE
FUNDING FOR PRELIMINARY DESIGN AMID ENGINEERING FOR
FISCAL YEAR 1994.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
83 November 23, 1993
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
30. APPROVE ADDITIONAL AMENDMENT TO EXISTING CONSULTANT CONTRACT
WITH FULLER & SADAO FOR ARCHITECTURAL / DESIGN SERVICES FOR
CONSTRUCTION OF IMPROVEMENTS TO BAYFRONT PARK -- TO INCLUDE
SAID PROFESSIONAL SERVICES FOR DESIGN / CONSTRUCTION OF
OFFICE SPACE TO BE LOCATED WITHIN THE BASE OF THE LASER
LIGHT TOWER.
Mayor Clark: Item 28.
Commissioner Plummer: Item 28, Mr. Mayor, is the hopeful utilization...
( INAUDIBLE COrMMA') ... excuse me? Move it? I move it. I assume everybody's
had the opportunity to read it.
Mayor Clark: Well, let me ask a question here, Mr. Plummer.
Commissioner Plummer: Yes, sir.
Mayor Clark: Isn't there any other space for the DDA without spending that
kind of money?
Commissioner Plummer: Mr. Mayor, to spend this kind of money, we will be
paying the City back in rent over a five... most likely a five-year period.
Mayor Clark: All right.
Commissioner Plummer: Let me say to you, sir, that we have been paying where
we presently are, approximately $260,000 a year, plus $29,000 a year for
parking. As this is proposed, the maximum that we would be paying the City
back on an annual basis would be $100,000 for the first five years, and after
that, the City would be deriving income and revenue from this project.
Mayor Clark: Call the roll, Madam Clerk.
84 November 23, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-738
A RESOLUTION APPROVING AN ADDITIONAL CONTRACTUAL
AMENDNENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
M THE EXISTING CONSULTANT CONTRACT BETWEEN THE CITY
OF MIAMI AND FULLER & SADAO FOR ARCHITECTURAL AND
DESIGN SERVICES BEING PROVIDED TO THE CITY OF MIAMI
FOR CONSTRUCTION OF IMPROVEMMS TO BAYFRONr PARK, TO
INCLUDE SAID PROFESSIONAL SERVICES FOR THE DESIGN AND
CONSTRUCTION OF OFFICE SPACE TO BE LOCATED WITHIN THE
BASE OF THE LASER LIGHT TOWER; AMID AUTHORIZING THE
CITY MANAGER M EXECUTE SAID ANENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Ca wdssioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, may I hand you a compliment, sir?
Mayor Clark: Yes, sir.
Commissioner Plummer: I am told by the people who televise this program that
you are going in this meeting so quickly that they're having a hard time to
keep up with you; not recommending that you slow down, but they just wanted
you to know that.
Mayor Clark: Well, I can tell them this. They better get ready, because it
may finish quicker than they realize. And we've had decorum, if you noticed
that. No one's gotten out of line. Manuel, you've done a good job, and I
congratulate you.
Mr. Manuel Gonzalez--Goenaga: So far.
Mayor Clark: So far. But don't forget, we still have memories.
85 November 23, 1993
------------------------------------------------------------------------------
31. RATIFY FINAL EXTENSION OF CONTRACT WITH FLORIDA EQUIPMENT
AND PARTS ($215,465) -- FOR LEASING OF TWO BULLDOZERS WITH
OPERATORS / MAINTENANCE INSURANCE / FUEL IN ORDER TO
CONTINUE HURRICANE DEBRIS REMOVAL PROCESS -- ALLOCATE FUNDS
FROM FEMA DSR 89807.
Mayor Clark: All right, item 29.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Dawkins: Under discussion. Why?
Mayor Clark: Oh, I'm sorry. Mr. Manager?
Mr. Ron Williams (Assistant City Manager): Mr. Mayor, my name is Ron
Williams, Assistant City Manager. Commissioner Dawkins, in response to your
question, this is one of a couple of cleanup items that we have left from the
Virginia Key project wherein we diverted the hurricane debris out there. We
worked with Dade County DERV! (Department of Environmental Resources
Management), and we had to move around, clean up and redo some of the area
that we damaged during that storage process.
Commissioner Dawkins: Is this the final three months?
Mr. Williams: I am told it is the final, Commissioner. We had to work with
this vendor to try and get their invoices in line with proper documentation.
It is FEMA (Federal Emergency Management Agency) money, and completely
reimbursed.
Commissioner Dawkins: I'll ask my question again. I have nothing to do with
invoices. I ask you, is this the final rental, the last 90 days that we will
rent these units? That's what I asked, sir.
Mr. Williams: Yes, yes, Commissioner.
Commissioner Dawkins: OK. Thank you. No further questioning, Mr. Mayor.
Mayor Clark: Is there any further discussion, members of the Commission? Do
I have a motion?
Commissioner Plummer: Yes, sir, I did.
Ms. Matty Hirai (City Clerk): Yes, sir, we have a motion and a second.
Mayor Clark: And a second. Call the roll, Madam Clerk.
86 November 23, 1993
201
Commissioner Plummer: We're going to be out of here before lunch.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-739
A RESOLUTION RATIFYING THE FINAL EXTENSION OF THE
CONTRACT WITH FLORID EQUIPMENT,' AND PARTS IN THE AMOUNT
OF $215,465.00 FOR AN ADDITIONAL FIVE (5) MON H PERIOD
ENDING ALUM 31, 1993 FOR THE LEASING OF TWO (2)
BULTMZERS WITH OPERATORS, MAINTENANCE, INSURANCE AND
FUEL IN ORDER TO CONTINUE THE HURRICANE DEBRIS REMDVAL
PROCESS; ALLOCATING FUNDS THEREFOR FROM F.E.M.A. DSR
#89807.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
87 November 23, 1993
------------------------------------------------------------------------------
32. RATIFY CONTRACT WITH CENTRAL LANDFILL & RECYCLING CENTER --
FOR HURRICANE DEBRIS DISPOSAL AND TIPPING FEES (FOR DEPT. OF
GSA AND SOLID WASTE).
Mayor Clark: Item number 30. A resolution ratifying a contract...
Ccmmissioner Plummer: Move it.
Mayor Clark: ... for debris disposal and tipping fees. Mr. Manager, could
you explain this a little better?
Commissioner Dawkins: Which one is this?
Mayor Clark: Item 30.
Mr. Ron Williams (Assistant City Manager): I can, Mr. Mayor. This particular
item involves, again, the Virginia Key project wherein we got some
contaminated material out of the Virginia Key, meaning material that wasn't
ccmpletely yard waste material. We had to remove that material, in ccopliance
with DERM (Department of Environmental Resources Management) regulations, and
take it to the landfill.
Ccmmissioner Dawkins: Why...
Mr. Williams: During the process of...
Ccmm.issioner Dawkins: Why is it being taken to Pcmpano Beach instead of in
Dade County?
Mr. Williams: It was taken there as part of the Dade Countywide disposal
agreement with FEMA (Federal Emergency Management Agency), Commissioner
Dawkins.
Carinissioner Dawkins: OK.
Mr. Williams: That was the designated disposal site.
Commissioner Dawkins: This was agreed on by the County, FEMA, and us?
Mr. Williams: Yes.
Commissioner Dawkins: OK. No further questioning.
Mayor Clark: Further discussion? Motion? Is there a motion?
Commissioner Plummer: I moved it, Mr. Mayor.
88 November 23, 1993
Mayor Clark: Is there a second? Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOU]TION NO. 93-740
A RESOLUTION RATIFYING A CONTRACT WITH CENTRAL
LANDFILL & RECYCLING CENTER FOR HURRICANE DEBRIS
DISPOSAL AND TIPPING FEES FOR THE DEPARIN M OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE, FOR A
TOTAL AMOUNP NOT TO EXCEED $314,370.72; ALWCATING
FUNDS THEREFOR FROM D.S.R. #35975.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
89 November 23, 1993
------------------------------------------------------------------------------
33. ACCEPT BIDS: (1) MCO ENVIRONMENTAL, INC., (2) CBG
ENVIRONMENTAL, INC., (3) SAL'S ABATEMENT CORPORATION, (4)
ACT, INC., (5) DPC GENERAL CONTRACTORS, INC., (6) WAYNE
BLACKWELL & COMPANY, INC., (7) CNH CONSTRUCTION, INC., AND
(8) CONSOLIDATED TECHNIQUES, INC. -- FOR FURNISHING ASBESTOS
ABATEMENT SERVICES (TO DEPT. OF PLANNING, BUILDING &
ZONING).
Mayor Clark: Where do we go from here now, 32?
Commissioner Plummer: Thirty-two.
Mayor Clark: Thirty-two is a resolution, award of a bid for asbestos
abatement.
Commissioner Plummer: Move it.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: How many buildings is this contained in?
Commissioner Plummer: God only knows.
Mr. Cesar Odio (City Manager): Oh, this is a contract to cover all - for the
Department of Building and Zoning, Mr. Mayor, to use it as needed to inspect
on asbestos.
Commissioner Dawkins: And there's $325,000 available for this?
Mr. Odio: It's $150,000.
Commissioner Plummer: This is incredible.
before 11:00 o'clock.
Commissioner Dawkins: Huh?
Mr. Odio: It's $150,000.
Commissioner Dawkins: OK.
Mayor Clark: Moved?
Commissioner Plummer: Yes, sir, I moved it.
We're going to be out of here
90 November 23, 1993
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-741
A RESOLUTION ACCEPTING THE BIDS OF MCO ENVIROIZI'AL,
INC., CBG ENVIRONMENTAL, INC., SAL'S ABAMENr
CORPORATION, ACT, INC., DPC GENERAL CON1'WMRS, INC.,
WAYNE BIACKWELL & COMPANY, INC., CNH CONSTRUCTION,
INC., AND CONSOLIDATED TECHNIQUES, INC., THE LOWEST
RESPONSIBLE AND RESPONSIVE BIDDERS IN THE AGGREGATE
(WHILE THE AWARD WILL BE TO MULTIPLE BIDDERS TO ASSURE
AVAILABILITY, THE LOWEST BIDDER IN THE GROUP WILL BE
GIVEN THE FIRST OPPORTUNITY TO PERFORM UNDER THE TERMS
AND CONDITIONS OF THE CONTRACT) FOR FURNISHING
ASBESTOS ABATEMENT SERVICES ON A CONTRACT BASIS FOR A
PERIOD OF ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
AN ADDITIONAL ONE (1) YEAR PERIOD TO THE DEPARTMENT OF
PLANNING, BUILDING AMID ZONING AT AN ESTIMATED FIRST
YEAR COST OF $150,000.00; ALLOCATING FUNDS THEREFOR
FROM THE COMKJNITY DEVELOPMENT FUND NO. 799206,
ACCOUNT CODE NOS. 451920, 451520, 458017, 459017-340;
AUTHORIZING THE CITY NCR TO INSTRUC.`T THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR THIS
SERVICE APED THEREAFTER TO EXTEND THESE CONTRACTS FOR
AN ADDITIONAL ONE YEAR PERIOD AT THE SAME PRICE, TERMS
AND CONDITIONS SUBJECT TO THE AVAILABILITY OF FUNDS.
(Here follows body of resolution, oni.tted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
91 November 23, 1993
----------------------------------------------------------------------------
34. ACCEPT BID: ROYAL ENGINEERING CONSTRUCTION, INC. --
$250,450, TOTAL BID OF PROPOSAL FOR CITYWIDE SIDEWALK
REPLACEMENT PROJECT - PHASE VI B-4559 (CIP 341175) --
EXECUTE CONTRACT.
Commissioner Plummer: Move 33.
Mayor Clark: A resolution awarding contract for Citywide sidewalk
replacement. Where are these located? - not specifically - but what areas?
Mr. Jim Kay: It is the area bounded by West 27th Avenue on the east, 47th
Avenue on the west, Southwest 8th Street on the south, and the north City
limits on the north.
Commissioner Plummer: Why don't you tell him 34 at the same time, because
that's for the next one.
Mr. Kay: OK. Thirty-four is everything west of 47th Avenue, but -that item
has been withdrawn. Thirty-four has been withdrawn.
Commissioner Dawkins: West of 47th Avenue. West of 47th Avenue to what? To
the river, the bay, the ocean?
Mr. Kay: West - well it's all...
Commissioner Plummer: Flagami.
Mr. Kay: . the City of Miami west of 47th Avenue would be the Tamiami Canal
on the north and Southwest 8th Street on the south.
Commissioner Dawkins: You know, I want to defer 33 and 34, OK? I've been
asking you guys over and over...
Mr. Odio: Thirty-four is withdrawn.
Commissioner Plummer: I'm sorry. I didn't realize it.
Commissioner Dawkins: There are sidewalks out there that I have been with...
Commissioner Plummer: I use old agendas.
Commissioner Dawkins: ... with Mr. Wally Lee, and constantly, I go by, and
the sidewalks are not repaired. Am I right, Mr. Lee?
Mr. Wally Lee: Yes, sir, Commissioner, but we are taking section by section
of the City...
Commissioner Dawkins: But see, that's my problem. You're taking section by
section instead of taking the City and dividing the City up, and do a little
bit in each section. When you take section by section, you leave two or three
92 November 23, 1993
other sections totally untouched, and those are the people that I get the
calls from, Mr. Lee.
Commissioner Plummer: Are you deferring?
Commissioner Dawkins: Well, I mean, it's - I'll leave it to the Manager's
discretion, Mr. Plummer. It's something we need to do. These things have
been torn up since the hurricane. If I defer it, all I'm doing is compounding
the problem.
Mayor Clark: Placating it, that's right. OK.
Commissioner Dawkins: So I would just say that the Manager find out how to do
this and...
Mr. Odio: Mr. Mayor...
Commissioner Dawkins: Go right ahead, Mr. Gort.
Commissioner Gort: No, I'll wait till you finish.
Mr. Odio: I'll bring back the next section in the next meeting, and that way,
we can proceed to...
Mayor Clark: Schedule it. Mr. Gort.
Commissioner Gort: There's something I'd like to add to that. There's a lot
of sidewalks in our neighborhoods that are in really bad shape, and I'll give
you one example I go by every day, 17th Avenue and Northwest, between 20th
and 21st Street, the west side. That was hurt during the hurricane, and we
have the sidewalk, when the tree was knocked down, the sidewalk went up. Now,
that could be a liability for us. Anybody that falls down within that
sidewalk, I mean, we're going to be liable for. And it's been almost - it's
been a year now since the hurricane. I think we should look at the hurricane -
damaged sidewalks and try to get those first before we go into re -paving the
whole neighborhood. I feel the same way Mr. Dawkins felt.
Commissioner Dawkins: I agree, Mr. Gort.
Mayor Clark: You have a list, Mr. Manager?
Mr. Odio: Yes, sir.
Mayor Clark: And if you have any specific ones, Mr. Dawkins and Mr. Gort, I
think you should afford the Manager with that information so it can be
included in those.
Commissioner Dawkins: OK. OK, I'll do that.
Mayor Clark: Motion and a second?
Commissioner Dawkins: Yes, I'll second the motion. Who moved it, J.L.?
Commissioner Plummer: I moved it.
93 November 23, 1993
Commissioner Dawkins: Second.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-742
A RESOLUTION ACCEPTING THE BID OF ROYAL ENGINEERING
CONSTRUCTION, INC., IN THE PROPOSED AMXW OF
$250,450.00, TOTAL BID OF THE PROPOSAL FOR CITYWIDE
SIDEWALK REPLACEMENT PROJECT - PHASE VI B-4559, WITH
NGNIES THEREFOR ALLOCATED FROM THE FISCAL YEAR 1991-92
CAPITAL IMPROVEMENT ORDINANCE NO. 10938, PROJECT NO.
341175, IN THE AMOUNT OF $250,450.00 TO COVER THE
CONTRACT COST AND $43,192.00 TO COVER THE ESTIMATED
EXPENSES FOR AN ESTIMATED TOTAL COST OF $293,642.00;
AMID AUTHORIZING THE CITY MANAGER TO EXECCTTE 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 Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Mayor Clark: On item 34, has that been withdrawn?
Commissioner Plummer: Yes.
Mr. Odio: Yes, sir.
94 November 23, 1993
------------------------------------------------------------------------------
35. PURCHASE 300 1994 CHEVROLET CAPRICE PURSUIT VEHICLES (UNDER
EXISTING DADE COUNTY BID 3407-OEC-CW) FROM ED MORSE
CHEVROLET.
Mayor Clark: Thirty-five.
Mr. Manuel Gonzalez--Goenaga: Yes.
Mayor Clark: A resolution authorizing...
Mr. Gonzalez--Goenaga: May I be recognized?
Mayor Clark: Please, just a moment - authorizing the purchase of automobiles.
Is there a motion on the item? Is there a second...
Commissioner Dawkins: Second.
Mayor Clark: ... to keep it on the floor?
Commissioner Dawkins: Second.
Mayor Clark: Yes, sir.
Mr. Gonzalez-Goenaga: Well, for the advantage...
Mayor Clark: Please, every time, identify yourself.
Mr. Gonzalez-Goenaga: Oh. My name is Manuel Gonzalez-Goenaga. For the
benefit of the new Mayor and the new Commissioner, we have purchased so many
cars for the Police Department that are in really bad shape, according to
Comni.ssioner Plummer, who has said this publicly. I propose that this issue
be deferred for the particular reason that it's a - the new ideas that we are
having for the police are totally different. We want, supposedly, them in the
streets. We don't need them in brand new cars. I hope that Mr. Plummer will
testify, or management, how many 1993 Caprice Classics are in bad shape. We
made... we paid for millions of dollars in that previously, and from what I
have read in a report, more than 50 percent are in bad shape. I am not
surprised at all, and we should try to let... not have the police inside the
cars with nice air conditioners at our own expense. I understand that the new
idea on deployment of police is totally different from what we're having now,
and I would like to hear, if possible, if my memory - maybe my memory might
fail - the situation of the 1993 police cars.
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: Thank you.
Mayor Clark: Thank you. Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
95 November 23, 1993
Mayer Clark: Why is this caning out of the Solid Waste and GSA's budget?
Mr. Odio: That's a - GSA is combined, is one department, and that's where we
have the funds to replace equipment, Mr. Mayor, under GSA, really.
Mayor Clark: And what about Solid Waste?
Mr. Odio: Solid Waste has...
Commissioner Plummer: Same department.
Mr. Odio: ... had a separate bond issue, and that's the monies we used for
the replacement of trucks there. But since they are one department, under one
director, we have - even though the budgets are separated within the
department.
Mayor Clark: What about the law Enforcement Trust Fiend? Have they given...
Mr. Odio: Yes, sir. We cannot use Law Enforcement Trust Funds to buy regular
patrol cars. You can only use the Law Enforcement Trust Funds to purchase
exceptions - exceptional, not budgeted programs. or like in the case of the
Police Department patrols. I wish we could.
Mayor Clark: When was the last purchase you had made of that magnitude?
Mr. Odio: The last time we bought 197...
Mr. Ron Williams (Assistant City Manager): One hundred and seventeen.
Mr. Odio: A hundred and seventeen cars...
Mr. Williams: In 1993.
Mr. Odio: In 1993.
Mayor Clark: And I understand the new requirements of the County... of the
City - and I agree with that - take home cars. I agreed with that at the
County, and that's one of the reasons we have this increase. Is that right,
Mr. Dawkins?
Mr. Odio: That's why we're doing this.
Mayor Clark: And I appreciate that.
Mr. Odio: I need to...
Mayor Clark: Any further discussion?
Mr. Odio: May I amend? We need to amend this, because we have to include -
we were waiting for the State bid, and this is - we'll base it on this. We
need to include the light bars, which is $400,000.
Mr. Williams: Up to, Mr. Manager. You should not exceed that.
96 November 23, 1993
Mr. Odio: Up to, up to $400,000, the light bars on top of the cars. It's
$400,000, up to.
Mayor Clark: Up to $400,000 for the light arrangement on the cars; is that
right?
Mr. Odio: Yes, sir.
Mayor Clark: All right. Is there a second? No exception, call the roll.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Well, I'll do it before the roll is called. I voted
against this in the Union contract. That has been settled now, and my vote
will be positive, because I think this is the best bet that they can get for
the money. Even though I oppose the item, I'll vote positive on this, because
of the fact it is the best offer that they've been able to achieve.
Mayor Clark: All right. Roll call.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-743
A RESOLUTION AUTHHORIZING THE PURCHASE OF 300 1994
CHERV'ROLET CAPRICE PURSUIT VEHICLES UNDER EXISTING
DADE COUNTY BID NO. 3407-OEC-CW FROM ED MORSE
CHEVROLET AT A PROPOSED AMOUNT OF $3,844,311.00, FOR
THE DEPAL THE OF GENERAL SERVICES ADMINISTRATION AMID
SOLID WASTE WITH THE CONDITION THAT THE COST FOR LIGHT
BARS WILL NOT FKCEED $400,000.00; SAID VEHICLES TO BE
ACQUIRED THROUGH A 36-MONTH LEASE PURCHASE PLAN
OFFERED BY A FINANCIAL INSTITUTION; ALLOCATING FUNDS
THEREFOR FROM THE DEPARTMENT OF CORAL SERVICES
ADMINISTRATION AND SOLID WASTE OPERATING BUDGET,
ACCOUNT CODE NO. 420901-880; 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.)
97 November 23, 1993
,'P: N
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
36. APPOINT INDIVIDUAL TO THE AFRICAN-AMERICAN TOURIST SITE TASK
FORCE. (Appointed was: Dr. Solomon C. Stinson.)
Mayor Clark: On item number 36, appointing an individual to the African -
American Tourist Site Task Force.
Commissioner Plummer: Who's recommended?
Commissioner Dawkins: I recommend Soloman Stinson, of the School Board.
Commissioner Plummer: Second. Is it just one appointment or more than one?
Commissioner Dawkins: One. One from the City of Miami..
Commissioner Plummer: I'll second.
Mayor Clark: Any discussion? Call the roll, Madam Clerk.
98 November 23, 1993
The following resolution was introduced by Cam Assioner Dawkins, who
moved its adoption:
RESOUJTION NO. 93-744
A RESOLUTION APPOINTING AN INDIVIDUAL TO THE AFRICAN-
AMERICAN TOURIST SITE TASK FORCE.
(Here follows body of resolution, ani.tted here and on
l 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
Ca missioner Miller J. Dawkins
Cannissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Mayor Clark: Item 37 has been withdrawn.
Commissioner Plummer: Thirty-eight.
Mayor Clark: Item 38 has been withdrawn. 39 has been withdrawn.
Commissioner Plummer: Thirty-nine has been withdrawn?
Mayor Clark: I have a note to that effect.
Ms. Matty Hirai (City Clerk): Yes, sir.
Commissioner Plummer: OK.
Mayor Clark: Item number 40 has been withdrawn.
99 November 23, 1993
-------------------------------------------------------------------------------
37. BRIEF DISCUSSION CONCERNING RECYCLING PICKUP -- NO ACTION
TAKEN.
------------------------------------------------------------------------------
Mayor Clark: Forty-one. Item 41, discussion on November 23rd recycling
complaints. I think it's picking up, Mr. Manager.
Commissioner Plummer: Cesar, I'm not caning back this afternoon.
Mayor Clark: I know that mine has been increased and is caning back to level.
You know, you got to figure, this ig a brand new process, and a lot of people
didn't even know how it was going to work out, but I think that the County
started off with a bang. They had all the money and everything else to do it
with. But ours, we had a little crippled effect to start with, but I think
they're doing a lot better now, a lot better.
Unidentified Speaker: Thank you, Mayor.
Mayor Clark: I think it's...
Vice Mayor De Yurre: Mr. Mayor, if I may. I put this item on the agenda, and
the response of the people has been good. People are responding. They're
complying, and that's where the problem comes in, because it's not being
picked up. And in my neighborhood, and I understand my - where I live, it's
not the easiest way to find that street, but still...
Commissioner Plummer: Even the police can't find it when his alarm goes off.
Vice Mayor De Yurre: ... I've had it for where for a week, I have my blue bin
out there, and it doesn't get picked up. Now, every Monday, I'm supposed to
have it picked up. Last week, Monday came around and it wasn't picked up. I
had to call in, and finally, Tuesday, they came around. This Monday, it was
picked up. But I think that we need to have some uniformity. The rumor that
I hear, or the comments is that they're not well trained, and they don't know
the routes, they don't know the neighborhoods. Whatever it is, we need to
address it, because it disturbs the residents. And the residents are
complying. They're putting it out on a timely basis, as requested, on the
days that it's being requested, and yet, it does not get picked up on that
given day. And I just wanted to bring it to the public forum, just so that
they realize that there is a concern out there, and that we expect this to be
done the right way.
Mayor Clark: All right. Thank you, sir.
100 November 23, 1993
------------------------------------------------------------------------------
3S. DISCUSS AND DEFER (TO THE DECEMBER MEETING) CONSIDERATION OF
THE MIAMI SPORTS AND EXHIBITION AUTHORITY BUDGET.
Mayor Clark: Item 42, no action.
Commissioner Plummer: Mr. Mayor, item 42, I will ask, once again, for the
last time, that this matter be deferred. I had some very serious questions
which I finally got some answers on.
Mayor Clark: I don't have it.
Commissioner Plummer: On the Sports Authority.
Mayor Clark: Nothing in there.
Commissioner Plummer: Forty-two?
Mayor Clark: Yeah. I have nothing in the book here, J.L.
Commissioner Plummer: Budgeted - no, it wouldn't be in the book. That's
separate. It's handed to you in a separate item. I would ask that, that be
deferred until the next meeting. I have sane very serious questions about
some of the allocations that have been spent, and I would like the time to go
over it further. I had a little bit of activity up until November 2nd and 9th
that kept me from doing what I wanted to do, so I would ask that this matter
be deferred until the meeting in December.
Mayor Clark: All right. Second. Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PIER AND
SECONDED BY COMMISSIONER GORT, ITEM 42 WAS DEFERRED BY
THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Commissioner Plummer: Mr. Mayor, with your indulgence, I can't ever remember
going to a Commission meeting that's been basically over by this time of the
morning. I, for one, will pledge to you, sir, that in the future, that I'm
going to be a part and party to this kind of an action, and I hope that we all
will, and through your leadership, which we all look forward to, I think we're
going to have a great Commission.
101 November 23, 1993
Mayor Clark: Thank you. Thank you, Mr. Plummer. On item 44...
Commissioner Gort: Mr. Mayor, above all, you kept Plummer quiet, which I
understand that's one of the biggest problems we had in the past.
Commissioner Plummer: Ha -ha-ha. Go away.
Mayor Clark: No, no, listen. Everybody is entitled to speak as long as they
want, as long as we don't all get jumbled up. That's the problem.
Camdssioner Dawkins: But if you allow Plummer to philosophize, Mr. Mayor,
we'll be here all day.
Mayor Clark: Well, good thing I allow him to philosophize. He wouldn't have
sworn you in.
Comnissioner Plummer: Ha -ha-ha.
Mayor Clark: Dinner Key, number 44.
Commissioner Plummer: Forty-four, you can't handle that.
Vice Mayor De Yurre: No, that's at 3:00 o'clock.
Commissioner Plummer: You can't handle it.
Mayor Clark: All right. 3:00 o'clock then.
------------------------------------------------------------------------------
39. GRANT FUNDING REQUEST BY BILLY ROLLE CONCERNING THE "YOU'VE
GOT A FRIEND" HOLIDAY SHOW FOR SENIOR CITIZENS.
------------------------------------------------------------------------------
Vice Mayor De Yurre: Mr. Mayor, if I may bring up a quick point. Because we
moved our meeting from December 2nd to the 16th - I know of one case which I
have here right now - there may be a certain number of items that needed to be
heard before, or on the 2nd. One is an event that's going to take place for
the elderly here at the Dinner Key Auditorium.
Mayor Clark: Right.
Vice Mayor De Yurre: Which is scheduled for the 14th, and they needed some
assistance, some funding from us.
Mayor Clark: Is it an emergency?
Vice Mayor De Yurre: It's an emergency, because we'll not be able to meet
again.
Mayor Clark: What is the amount of money?
102 November 23, 1993
Vice Mayor De Yurre: They're requesting the sum of - drum roll - let me see
here.
Mayor Clark: Billy Rolle?
Vice Mayor De Yurre: The sum of $6,326.
Mayor Clark: Six thousand.
Vice Mayor De Yurre: It's a worthy...
Mayor Clark: For use of the auditorium?
Vice Mayor De Yurre: For use, to take care of tables and chairs that need to
get...
Ccmmissioner Plummer: Is that the Little Havana?
Vice Mayor De Yurre: No. This is...
Mayor Clark: Billy Rolle has it on.
Vice Mayor De Yurre: ... Billy Rolle's project.
Commissioner Plummer: Oh.
Mayor Clark: All right.
Vice Mayor De Yurre: It's worthwhile, and I recommend it. I would so move.
Mayor Clark: All right. Is there a second?
Commissioner Plummer: I'll second it.
Mayor Clark: Call the roll, Madam Clerk, please.
103 November 23, 1993
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-745
A RESOLUTION ALLOCATING AN AMDUNr NCTJ.' TO F.KEED $6, 326
FROM SPECIAL PPDMANS AND ACCO W, IN SUPPORT OF
"YOU'VE GOT A FRIEND" HOLIDAY SHOW FOR SENIOR CITIZENS
SPONSORED BY THE JANES E. SCO'IT CCMMUNITY ASSOCIATION
OF DADE COUkM, INC. TO BE HELD IN THE COCONUT GROVE
EXHIBITION CEum ON DECEMBER 14, 1993; CONDITIONING
SAID ALLOCATION 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.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark ,
NOES: None.
ABSENT: None.
Vice Mayor De Yurre: So we meet at 3:00 o'clock, then?
Commissioner Plummer: Well, Mr. Mayor, excuse me. For the record, I'm not
going to cane back.
Mayor Clark: That's all right. We understand.
Commissioner Plummer: There's only three items. What I would suggest to my
colleagues is that since you don't meet again until 5:00, you only have three
items, why don't you meet at 4:30? You get a longer lunch break. That's up
to you all, because I'm not coming back.
Vice Mayor De Yurre: I would so move.
Mayor Clark: Thank you, J.L. God bless you.
THEREUPON THE CITY COMMISSION WENT INIO RECESS AT
10:52 A.M. AND RECONVENED AT 4:40 P.M., WITH ALL
MENIDEERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER PLU M ER.
104 November 23, 1993
Mayor Clark: Madam Clerk, there are four members of the Commission present,
Vice Mayor De Yurre, Commissioner Dawkins, Commissioner Gort, and myself.
Commissioner Plummer has a very valid excuse. He has a funeral to attend this
afternoon because of one of his aides passed away, Joan Klein, so he will not
be with us this afternoon. We have, I think., three items on the regular
agenda we carried over to this time.
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40. MAYOR CLARK READS INVITATION FROM NEIGHBORHOOD RESOURCE
TEAM'S COMMUNITY STREET LEADERS TO ATTEND THE FIRST
COMPREHENSIVE MIAMI STREET SUMMIT ON YOUTH CRIME AND STOP
THE VIOLENCE MOVEMENT.
Mayor Clark: I'd like to make an announcement. The Neighborhood Resource
Team's Community Street Leaders cordially invite you to the first
comprehensive Miami Street Summit on Youth Crime, Stop the Violence Movement.
Your participation is greatly anticipated, and appreciated, and needed, and
the time has come for us to find some viable solutions, using our youth input
to a major problem affecting our entire community, and help find a way to save
our youth, who are our future, no doubt. It's going to be at Mays Middle
School Auditorium. That's at 11700 Hamlin Mill Drive, in the County, on
Monday, November the 29th. The time will be from 10 a.m. to 2 p.m. You're
all invited.
------------------------------------------------------------------------------
41. AUTHORIZE INCREASE IN CONTRACT AMOUNT (NOT TO EXCEED
$203,173.50) WITH CONE CONSTRUCTORS, INC. -- FOR DINNER KEY
MARINA RESTORATION PHASE II H-1008 (CIP 414501 & 414005) --
FUNDING TO BE PROVIDED FROM FEMA FUNDS ALREADY APPROPRIATED
TO THE PROJECT.
Mayor Clark: Madam Clerk, Mr. Manager.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: The item number 46, our first item...
Ms. Matty Hirai (City Clerk): Forty-four, Mr. Mayor.
Mr. Odio: I believe it's 44, Mr. Mayor.
Ms. Hirai: Yes, Mr. Mayor.
Mayor Clark: I thought we took 44 this morning.
Mr. Odio: Forty-four is set for 3 p.m., public hearing.
Mayor Clark: OK. All right. Dinner Key Marina restoration, phase two,
increase in contract. You recommend this, Mr. Manager?
105 November 23, 1993
Mr. Cesar Odio (City Manager): Yes, sir, I do. This is to finalize the
rebuilding of the Dinner Key Marina.
Mayor Clark: These are all FEMA (Federal Emergency Management Agency) funds?
Mr. Odio: Yes, sir.
Mayor Clark: Any input, sir?
Mr. Jim Kay: No, sir.
Mayor Clark: Is there input from the public? Yes, sir, your name and address
for the record.
Mr. Manuel Gonzalez-Goenaga: Good afternoon. My name is Manuel Gonzalez-
Goenaga. 227 Santillane. Being a public hearing, and knowing the procedure
used at Metro regarding change orders and increase in contracts, in order to
facilitate our interpretation, I suggest that in the future when these change
orders and increasing the contract amounts, they use the same procedure they
use at the Metro regarding the original cost, percentage increase, because
these matters is where the money is made by the builders.
Mayor Clark: All right, sir. Could you speak to the item, itself?
Mr. Gonzalez-Goenaga: 'Ib the item. This amounts to, basically, like in nine
percent. I would like to ask one question. When so many things we have heard
that are covered with FEMA funds, is it that the requests are preapproved by
FEMA, or we just think that FEMA is going to pay it and then... how sure are
we...
Mayor Clark: All right. Well, if you ask a question, we'll get an answer for
you. Mr. Manager.
Mr. Odio: These funds have been approved by FEMA...
Mr. Gonzalez-Goenaga: Oh.
Mr. Odio: ... prior to the repair. May I explain for you, sir. What happened
here, we tried to save the transformers. They were underwater for eight days.
We tried to save them by flushing them out. Unfortunately... and we were
trying to save money. We were trying to save us money. Unfortunately, it
just did not work out, and FEMA finally approved. FEMA pretended that we
should have washed them out with water the day after the hurricane, and, of
course, we didn't even have water for inside this building, never mind in the
marina. So we couldn't flush them out soon enough, and they finally accepted
this and approved the transformers after we already had awarded the bids for
the piers. That's why we had to do.this.
Mr. Gonzalez-Goenaga: OK. But they are going to pay, and they already
accepted this additional payment.
Mr. Odio: Yes, sir. Oh, yes, sir.
106 November 23, 1993
El
Mr. Gonzalez-Goenaga: Oh. Thank you very much.
Mayor Clark: Thank you. Other discussion front anyone?
Vice Mayor De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor De Yurre: I'd like to make sure that this doesn't impact at all on
our bidding process, that by increasing this amount, the one that came in
second place might cane in lower then at this point in time, whether that was
part of their bid to replace it or to...
Mr. Odio: No, sir. They were never part of that bid. That's because we were
trying to save the transformers, so they were never bidded out.
Mayor Clark: Any other discussion?
Ca:missioner Dawkins: And along the same lines of Commissioner De Yurre, what
was the difference between the low bid and what you - and $305,603? What was
the difference of the second bidder?
Mr. Odio: I would have to look them up, sir.
Commissioner Dawkins: Sir, beg your pardon?
Mr. Odio: I would have to look the number up. We don't have it here.
Mayor Clark: But it was substantial?
Catmissioner Dawkins: No, not $200,000.
Mr. Odio: It was over $500,000.
Commissioner Dawkins: OK. All right. Well, just get that to me.
Mr. Wally Lee (Assistant City Manager): It was over half a million,
Commissioner, as I recall.
Mr. Odio: It was over $500,000.
Mayor Clark: All right. Thank you. No further discussion.
Vice Mayor De Yurre: So moved.
Mayor Clark: Second?
Commissioner Dawkins: Second.
107 November 23, 1993
y�.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-746
A RESOLUTION AUT1'HORIZING AN INCREASE IN THE CONTRACT
ANIDM NOT TO MECEED $209,173.50, IN THE CONTRACT
BE,'iMEN THE CITY OF MIAMI, FLORIDA AMID CONE
CONSTRUCTORS, INC., DATED JUNE 2, 1993 FROM
$2,850,430.00 TO $3,059,603.50, FOR DINNER KEY MARINA
RESTORATION PHASE II H-1008, CAPITAL IMPROVEMENT'
PROJECT NOS. 414501 AND 414005, WITH SAID FUNDS M BE
PROVIDED FROM THE FEDERAL EMERGENCY MANP,GII W AGENCY
(FEMA) FROM FUNDS ALREADY APPROPRIATED TO THE PROJECT;
FURTHER RATIFYING THE CITY MANAGER'S WRITTEN FINDING
THAT THE HEREIN INCREASE RESULTED FROM EM UUCY
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.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
108 November 23, 1993
cam;Ak
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42. AUTHORIZE INCREASE IN CONTRACT AMOUNT ($7,500) WITH SERVICE
STATION AID, INC. -- FOR HEAVY EQUIPMENT FACILITY
ENVIRONMENTAL CONSULTING / CONSTRUCTION SERVICES PROJECT B-
5579 (CIP 311009).
Mayor Clark: Next item, item 45 is the emergency heavy equipment facility
environmental consulting/construction, increase in the contract from... the
contract price was $88,000; increase of $7,500. This has been dealt with in
the City before and always they have acted fairly.
Vice Mayor De Yurre: So moved.
Mayor Clark: Any public input? Moved by Mr. De Yurre. Is there a second?
Ccnmi.ssioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-747
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT NOT TO EXCEED $7,500 IN THE CONTRACT BLMIEEN
THE CITY OF MIAMI, FLORIDA AND SERVICE STATION AID,
INC., DATED NOVIIMBER 15, 1990 FROM $88, 921. 40 TO AN
AMOUNT NOT TO EXCEED $96,421.40 FOR THE HEAVY
EQUIPMENT FACILITY ENVIRONMENTAL
CONSULTING/CONSTRUCTION SERVICES PROJECT B-5579,
CAPITAL IMPROVEMENT PROJECT NO. 311009, WITH SAID
FUNDS TO BE PROVIDED FROM THE CAPITAL IMPROVEMENTS
ORDINANCE NO. 10938, AS AMENDED, FROM FUNDS ALREADY
APPROPRIATED TO THE PROTECT; 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 CCKVIISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
109 November 23, 1993
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Cannissioner J. L. Plummer, Jr.
Mayor Clark: We need not read the resolution as it's stated?
Ms. Matty Hirai (City Clerk): No, sir, only ordinances.
Mayor Clark: Just the ordinances.
Ms. Hirai: Yes.
Mayor Clark: Thank you.
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43. WAIVE CITY CODE PROHIBITION (SECTIONS 2-301 - 2-304) AS IT
APPLIES TO RICHARD J. HEISENBOTTLE (WHO SERVES ON THE
HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD) -- TO PROVIDE
ARCHITECTURAL CONSULTANT SERVICES TO THE DOWNTOWN
DEVELOPMENT AUTHORITY (DDA) FOR IMPLEMENTATION OF THE $2.5
MILLION EDA GRANT FOR AN INTERNATIONAL MERCHANDISING MART
PROJECT.
Mayor Clark: Item 46. Waiver of prohibition of the City of Miami Code
through Section 2-301 through 2-304. This is - were there any proposals on
this item, Mr. Manager?
Vice Mayor De Yurre: This comes from the DDA (Downtown Development
Authority), Mr. Mayor.
Mr. Cesar Odio (City Manager): Yes, it does.
Vice Mayor De Yurre: And it's a project that we have over - that we're
negotiating with the Omni to put an international trade exhibition facility,
and I would so move.
Mayor Clark: All right. Yes, sir, you have something to add?
Mr. Manuel Gonzalez-Goenaga: Or to subtract. My name is Manuel Gonzalez-
Goenaga. I don't have any quarrel regarding this individual, but we are
asking for a waiver of prohibition. I would suggest that in the future when
these waivers are asked, that specific instances, they should include the
amount of political contributions that each individual makes, in order to
avoid the appearance of impropriety. Thank you very much.
110 November 23, 1993
Mayor Clark: Sir, let me respond in this manner. All of those contributions
made by any person to any Commissioner or Mayor in this commninity are on file
in the City Clerk's Office, public record. If you'd like to check them,
that's your prerogative. Thank you. Further input? Motion by Mr. De Yurre.
Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-748
A RESOLUTION, WAIVING BY 4/5THS AFFIRMATIVE VOTE OF
THE MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, THE PROHIBITION CONTAINED
IN THE CITY CODE SECTIONS 2-301 THROLX3H 2-304 AS SUCH
PROHIBITION APPLIES TO RICHARD J. HEISENBOTTLE, WHO
SERVES ON THE CITY OF MIAMI HISTORIC AND ENVIROIYNTAL
PRESERVATION BOARD, IN RELATION TO HIS FIRM BEING THE
SUCCESSFUL PROPOSER IN RESPONSE TO A REQUEST FOR
PROPOSALS ("RFP") TO PROVIDE ARCHITECTURAL CONSULTANT
SERVICES TO THE DOWNIOWN DEVELOPMENT AUTHORITY FOR THE
IMPT_F'► UATION OF THE $2.5 MILLION EDA GRANT FOR AN
INTERNATIONAL MERCHANDISING MART PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
ill November 23, 1993
----------- ------------------------------------------------------------------
44. DECLARE MOST ADVANTAGEOUS METHOD TO DEVELOP IMPROVEMENTS ON
CITY -OWNED WATERFRONT LAND IS BY A UNIFIED DEVELOPMENT
PROJECT (UDP) FOR DEVELOPMENT OF IMPROVEMENT TO VIRGINIA KEY
MARINA WATERFRONT PROPERTY AT VIRGINIA KEY.
Mayor Clark: We have an item here, Mr. Manager, a resolution declaring that
the most advantageous method to develop and improve certain City -owned
waterfront land is by a Unified Development Project, to authorize the City
Manager to prepare a draft for Request for Proposal for the RFP (Request for
Proposals) for a UDP (Unified Development Project). Schedule a public hearing
of December the 16th at 3 p.m. to take testimony regarding said RFP for
development and improvement of Virginia Key Marina waterfront property,
Virginia Key. Said property consists of approximately 5.6 acres of upland and
submerged land, and at the conclusion of the public hearing, if the City
Commission is disposed to proceed, authorization of an RFP, the authorized
selection of a certified public accounting firm, and the appointment of
members to the review committee to evaluate proposals and report therein to
the City Manager, as required by City Charter Section 24-A, Paragraph C of the
City Code 1852.9. Will you offer that? Will someone offer this resolution?
Vice Mayor De Yurre: So moved.
Commissioner Dawkins: Second.
Mayor Clark: Any objection? Well, go ahead, call the roll.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-749
A RESOLUTION DECLARING THAT THE MOST ADVANTAGEOUS METHOD TO
DEVELOP CERTAIN IMPROVEMENTS ON CERTAIN CITY -OWNED WATERFRONT'
LADED IS BY A UNIFIED DEVELOPMENT PROJECT ("UDP"); AUTHORIZING
THE CITY MANAGER TO PREPARE A DRAFT REQUEST FOR PROPOSALS
("RFP") FOR A UDP; SCHEDULING A PUBLIC HEARING FOR DECEMBER
16, 1993 AT 3:00 PM TO TAKE TESTIMONY REGARDING SAID RFP FOR
DEVELOPMENT OF IMPROVEMENTS TO THE MARINA WATERFRONT PROPERTY
AT VIRGINIA KEY KNOWN AS "VIRGINIA KEY MARINA", SAID PROPERTY
CONSISTING OF APPROXIMATELY 4.3 ACRES OF UPLAND; AND AT THE
CONCLUSION OF THE PUBLIC HEARING, IF THE CITY COMMISSION IS
DISPOSED TO PROCEED, AUTHORIZE THE ISSUANCE OF AN RFP, THE
SELECTION OF A CERTIFIED PUBLIC ACCOUNTING FIRM AND THE
APPOINIMU IF MEMBERS TO A REVIEW COMMITTEE TO EVAIIJATE
PROPOSALS AND REPORT THEREON TO THE CITY MANAGER AS REQUIRED
BY CITY CHARTER SECTION 29-A(C), AMID CITY CODE SECTION 18-
52.9.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
112 November 23, 1993
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
------------------------------------------------------------------------------
45. DISCUSS AND REFER TO CITY MANAGER A PROPOSAL FROM MR.
SANTIAGO PELLEGRINI, P.A., (PSYCHOLOGICAL AND FAMILY
SERVICES, INC. AND ALL-MED MEDICAL CENTER) TO OPEN A SHELTER
FOR BATTERED WOMEN AND CHILDREN -- REQUEST MR. PELLEGRINI TO
PROVIDE BACKGROUND INFORMATION ON SAID GROUPS, AND THE TYPE
OF SERVICES PROVIDED, TO THE CITY COMMISSION -- DIRECT CITY
MANAGER TO COME BACK WITH A RECOMMENDATION AT THE DECEMBER
MEETING.
Mayor Clark: Mr. Manager, we have a request from the Psychological and Family
Services Medical Center. It is New Beginnings, a women's place. It's
classified. 1145 Northwest 12th Avenue, an empty City -owned property, a good
location for it. Close to the hospital, 24-hour staff, 40 to 60 beds. Grant
application, they're in the McKinney fund or the HUD (Housing and Urban
Development) fund, hotline, transportation, counselling. They've asked the
Commission to take action today, but I'm going to turn this over to you and
have you come back on the 16th and report to us. Is that basically your
presentation, sir?
Dr. Santiago Pellegrini: That's correct, Mayor.
Mr. Cesar Odio (City Manager): Yes, sir.
Mayor Clark: Could we move this to the Manager's Office? I'll give you a
list of this and we will come back on the 16th of December at sometime during
the day and act on your request.
Commissioner Dawkins: So moved.
Dr. Pellegrini: Thank you, Mr. Mayor.
Mayor Clark: Moved and seconded? Yes, sir?
Commissioner Gort: Second, and discussion.
Mayor Clark: Yes, sir.
Commissioner Gort: When it gets back to me, I'd like to have some
information. I'm not aware of this agency, and whatever information I can
get, I'd appreciate it.
113 November 23, 1993
f `A'yF
Mayor Clark: Well, sir, give us your name, please.
Dr. Pellegrini: My name is Santiago Pellegrini. My address is 145 Southeast
25th Road, Miami, Florida.
Mayor Clark: All right. If you would be kind enough to furnish the
information to Mr. Gort, et al, and others, my colleagues and myself, it would
be very beneficial, before the December the 16th meeting. It's the background
of Psychological and Family Services, Incorporated, and All-Med Medical
Center.
Dr. Pellegrini: Thank you.
Mayor Clark: Thank you, sir. Did we call the roll?
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 93-750
A MOTION REFERRING TO THE CITY MANAGER PROPOSAL
RECEIVED FROM MR. SANTIAGO PE LEGRINI, P.A, IN
CONNECTION WITH PROPOSED OPENING OF A SHELTER FOR
BATTERED WOMEN AND CHILDREN IN THE CITY OF MIAMI;
FURTHER REQUESTING MR. PEiTEGRINI TO FURNISH
BACKGROUND INFORMATION TO THE CITY COMMISSION IN
COWEr-TION WITH PSYCHOLOGICAL AND FAMILY SERVICES,
INC. AND ALL-MED MEDICAL CENTER AGENCIES; AND FURTHER
REQUESTING THE MAKER TO COME BACK WITH A
RECOMMENDATION ON THIS MATTER AT THE MEETING PRESENTLY
SCHEDULED FOR DECEMBER 16, 1993.
Upon being seconded by Commissioner Gort, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mayor Clark: Other matters on the Commission agenda?
Mr. Cesar Odio (City Manager): No, sir, we're finished.
114 November 23, 1993
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46. STANDARDIZE METHODS / RATES FOR SALE OF FILL MATERIAL FROM
VIRGINIA KEY STOCKPILE AT PREVAILING MARKET RATES AND/OR FOR
IN -KIND CONTRIBUTIONS FOR THE BENEFIT OF THE PUBLIC --
EXECUTE NECESSARY DOCUMENTS.
Vice Mayor De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Vice Mayor De Yurre: If I may, there's something the Administration wanted to
see if we had approved. I think it's going to bring a significant amount of
dollars to us. If I may read this resolution.
Mayor Clark: Surely.
Vice Mayor De Yurre: A resolution standardizing the methods and rates and for
the sale of fill material from the Virginia Key stock pile at prevailing
market rates, and/or for in -kind contributions for the benefit of the public,
and authorizing the City Manager to execute the necessary the necessary
documents in a form acceptable to the City Attorney, in accordance with the
approved methods for the sale of said fill. I so move.
Mayor Clark: Second?
Commissioner Dawkins: Second. What's the rate?
Mayor Clark: That's the fill.
Vice Mayor De Yurre: Whatever the market value is.
Commissioner Dawkins: OK. They got on there $6.50 a cubic yard...
Vice Mayor De Yurre: $2.39.
Commissioner Dawkins: ... but it's really $4.88 a cubic yard.
Vice Mayor De Yurre: So is that a correction?
Commissioner Dawkins: That's a correction.
Ms. Ana Sardina: Excuse me. Excuse me. That's the market rate. It varies
between $2.39 to $4.88 a cubic yard, depending on where you're getting
transportation.
Cammissioner Dawkins: OK. Well, I just wanted us to put it in the minutes.
Vice Mayor De Yurre: OK. So it doesn't make that - reflect that change on
the resolution.
Mayor Clark: Moved by...
115 November 23, 1993
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I apologize. I don't know what item we're discussing.
Mayor Clark: This is an amount of fill that came out of the draining or the
clearing out of the basin. It was stored on City property. The fill is now
available for sale and it means a sizeable amount of money into the City
coffers to the public.
Commissioner Gort: Is this part of the agenda here?
Mayor Clark: No, sir, this is an emergency brought up.
Mr. Odio: No, it was an...
Mayor Clark: They have to move it now before the price of this fill goes up
and down and escalates.
Commissioner Gort: OK. So the motion is to sell this at the market price?
Mr. Odio: I'd like to...
Mayor Clark: Yeah. We'd make the market rate.
Mr. Odio: May I put on the record something, Mr. Mayor? We will - this
material that we're selling will be replaced by the County when they dredge
out the pipeline going towards Virginia Beach in the next few months. So
we're going to get even better quality material back in there, so there is a
profit involved. The problem is they need this material right now, and we
didn't have a chance to schedule it in the agenda, Commissioner.
Mayor Clark: Mr. Manager, is there a profit involved for the City?
Mr. Odio: Yes, sir.
Mayor Clark: Further discussion?
Mr. Manuel Gonzalez-Goenaga: Yes. Just one question. Have you already
determined who is going to be the purchaser of that material? Could we get a
full disclosure of the individuals and...
Mayor Clark: Open to the public. It's open to the public.
Mr. Odio: This is the County buying the land... the material, and there is a
private contractor that will be also...
Ms. Sardi.na : The contractors that are working on the WASH (Water and Sewer
Authority) sewer pipe are digging trenches out there, and what's happening is,
as they are digging trenches, DERM (Department of Environmental Resources
Management) is going out there and testing the soil and telling them that to
116 November 23, 1993
refill the trenches, they have to supply a different material. They have
discovered that we have a stock pile of one million cubic yards of fill at a
different location, so they have approached us to buy the fill from us and
dispose of the soil that they dug out somewhere else.
Mr. Gonzalez-Goenaga: I see. Well...
Mayor Clark: All right. Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor De Yurre, who
moved its adoption:
RESOLUTION NO. 93-751
A RESOLUTION STANDARDIZING THE ME,IMODS AMID RATES FOR
THE SAKE OF FILL MATERIAL FROM THE VIRGINIA KEY
STOCKPILE AND FOR THE SALE OF SAID MATERIAL AT
PREVAILING MARKET RATES AND/OR FOR IN -KIND
{ CONTRIBUTIONS FOR THE BENEFIT OF THE PUBLIC;
AUTHORIZING THE CITY MANAGER -TO EXECUTE THE NECESSARY
i DOC[MT.i,'S, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
i IN ACCORDANCE WITH THE APPROVED METHODS FOR THE SALE
OF SAID FILL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
117 November 23, 1993
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47. MAYOR CLARK QUESTIONS LEGAL REQUIREMENT MANDATING THAT CITY
PLANNING AND ZONING MEETINGS BE STARTED AT 5:00 P.M. -- CITY
ATTORNEY DIRECTED TO RESEARCH POSSIBLE STATUTORY AMENDMENT
WHICH WOULD ALLOW THE CITY TO COME UNDER AND OPERATE
PURSUANT TO GUIDELINES UNDER F.S. CHAPTER 125 (SAME AS
METRO-DADE COUNTY).
------------------------------------------------------------------------------
Mayor Clark: We can't start the zoning hearing before 5 o'clock? Let me ask
a question. Where is the requirement? The only requirement I found out in
State law that required a committee to start at 5 o'clock is the budget
hearings.
Joel Maxwell (Assistant City Attorney): No, sir. Under Chapter 166.401,
which is - governs municipalities, any land use matters which apply to more
than five percent cannot be held until after 5:00 o'clock.
Mayor Clark: Why does the County hold them? They're a municipality?
Mr. Maxwell: Well, they operate under Chapter 125, not 166.
Mayor Clark: Well why don't we try to qualify to 125.
Mr. Maxwell: Well, that will require statutory amendment. We certainly could
look to the delegation for that, but right now, 166 applies.
Mayor Clark: That's kind of crazy.
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48. REFER TO CITY MANAGER REQUEST BY SUNSTREET FESTIVAL
REPRESENTATIVES FOR WAIVER OF CITY PERMIT FEES FOR THEIR
EVENT (DECEMBER 4, 1993) -- MANAGER TO ULTIMATELY DECIDE.
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Commissioner Dawkins: OK. Well, while we're waiting, I have a pocket item,
if we got six minutes, Mr. Mayor.
Mayor Clark: Yes, go ahead.
Commissioner Dawkins: Pocket item. A resolution related to the Sunstreet
Festival to be conducted by the Supstreet Festival Committee on December 4,
1993, waiving all permit fees authorized as waiveable by the City Code. Said
authorization subject to the organizers paying for all other necessary cost of
City services, and applicable fees associated with said event. I move that
this be referred to the Manager, and that they - whatever the Manager
recommends, we follow.
Commissioner Gort: Second.
Mayor Clark: Thank you. We've always sponsored that.
118 November 23, 1993
Cammi.ssioner Dawkins: Yes, sir.
Mayor Clark: And it's just a renewal of a sponsorship of something that's
really good for the community. Seconded by Mr. Gort. Call the roll, Madam
Clerk.
The following motion was introduced by Cc:rmissioner Dawkins, who moved
its adoption:
MOTION NO. 93-752
A MOTION REFERRING TO THE CITY MANAGER A REQUEST FROM
REPRESENTATIVES OF THE SUNSTREET FESTIVAL FOR WAIVER
OF CITY PERMIT FEES FOR ITS EVENT ON DECEMBER 4, 1993.
Upon being seconded by Commissioner Gort, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Maxwell: Further, on the question you just asked me, we have advertised
also all the Planning and Zoning agenda items today for today's meeting as
starting after 5 o'clock, and I indicated just now that the State Legislation
applied to more than five percent. In such cases in the future where we have
items that apply to less than five percent of the land, if the Commission so
directs, we can move those items before 5:00.
Mayor Clark: Thank you, sir. Just hold on. Take a deep breath, folks.
We've got five minutes.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 4:56
P.M. AND RECONVENED AT 5 P.M., AND WITH THE EXCEPTION
OF COYMSSIONER J.L. PUNER, ALL RIDERS OF THE CITY
CCKaSSION WERE F M TO BE PRESENT.
119 November 23, 1993
MINUTES OF PLANNING AND ZONING MEETING OF THE
CITY CCMISSION OF MIAMI, FLORIDA
On the 23rd day of November, 1993, 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 5:00 p.m. by Mayor Stephen P. Clark
with the following members of the Commission found to be present:
ALSO PRESENT:
ABSENT:
Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
Sergio Rodriguez, Assistant City Manager
Joel Maxwell, Assistant City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
Commissioner J.L. Plummer, Jr.
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
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49. BRIEFLY DISCUSS AND CONTINUE (TO MEETING PRESENTLY SCHEDULED
FOR JANUARY 27, 1994) CONSIDERATION OF PROPOSED RESOLUTION
TO APPEAL ZONING BOARD'S REVERSAL OF ZONING ADMINISTRATOR'S
DECISION WHICH REVOKED CERTAIN BUILDING PERMITS RESULTING
FROM FAILURE OF APPLICANT TO MEET PREVIOUSLY IMPOSED
CONDITIONS IN CONNECTION WITH PROPOSED CHINATOWN PROJECT.
(Applicant: Isaac Shih for Miami Chinese Community Center.
Appellant: Dade Heritage Trust, Inc.)
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Mayor Clark: First of all, of the applicants on each item here today, is
there anyone, including the department, requesting a deferral, a withdrawal
from today's agenda?
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, there are two
items. Item PZ-2 and PZ-3, on which we have received a request for
continuance, and maybe they would like to put in the record the lawyer
representing PZ-2. And in relation to PZ-3, I have a letter that I believe
each one of you has received from Mr. Fitzsimmons.
120 November 23, 1993
Mayor Clark: All right. Are you folks requesting a deferral?
Ms. Adrienne Friesner Pardo: Yes, I am, for item PZ-2.
Mayor Clark: Your name, please, and address, for the record?
Ms. Pardo: My name is Adrienne Friesner Pardo, with law offices at 1221
Brickell Avenue. I'm here on behalf of Isaac Shih for the Miami Chinese
Cc mnuiity. We're requesting a continuance on this item until the Janu - I'm
sorry - yeah, the January 27th...
Mayor Clark: Agenda?
Ms. Pardo: ... City Commission agenda.
Mayor Clark: A11 right. Is there...
I
Commissioner Dawkins: So moved.
Cc[miissioner Gort: Second.
Mayor Clark: Moved by Mr. Dawkins, seconded by Mr. Gort. Call the roll,
Madam Clerk.
THEREUPON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER GORT, ITEM PZ-2 WAS CONTINUED
TO JANUARY 27, 1994 BY THE FOLUMING VOTE:
AYES: Commissioner Wifredo Gort
Cc missioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Clark: January 27th, yes, ma'am. No further notice.
Ms. Pardo: Thank you very much.
Mayor Clark: Thank you, ma'am.
121 November 23, 1993
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50. BRIEFLY DISCUSS AND CONTINUE (TO MEETING PRESENTLY SCHEDULED
FOR DECEMBER 16, 1993) CONSIDERATION OF PROPOSED RESOLUTION
TO APPEAL ZONING BOARD'S DECISION THAT UPHELD THE PLANNING,
BUILDING & ZONING DIRECTOR'S DECISION ALLEGING THAT A PRIOR
DECISION (JULY 20, 1993) ALLOWED THE CAR WASH DEPICTED ON
ORIGINAL SITE PLAN TO BE OMITTED (U.S.1 1 S.W. 27 AVENUE).
(Applicant: Resolution Trust Corp. / Haven Savings.
Appellant: Robert V. Fitzsimmons.)
Mayor Clark: Yes, sir. See you in a different place.
Mr. Tony O'Donnell: Same tune.
Mayor Clark: Turned up like a bad penny, right? Go ahead, Mr. O'Donnell.
Mr. O'Donnell: Mr. Mayor, members of the Commission, for the record, my name
is Tony O'Donnell with law offices at 701 Brickell Avenue, and I was to
represent this evening the owner of the property on the PZ-3 appeal, the
Fitzsimmons appeal, American Equity Site Developers, Inc. With me this
evening also is Mr. Chris Korge, who is representing our contract purchaser,
Luis Arias on this property. We were not advised of the request for the
continuance until we arrived this evening, by Mr. Fitzsimmons, and it appears
that he is not present, and as the appellant, it appears that to go forward
would give him perhaps a legitimate issue, and so we would - we do not agree
with what he's done, but we would ask if you would set the hearing as soon as
possible. We have a lot of contractual obligations that are being held up,
financial obligations, and I believe the next hearing is December 16th. So if
it's continued, we'd appreciate the earliest possible opportunity.
Mayor Clark: Well, what's the pleasure of the Commission?
(INAUDIBLE Ca4ENT)
Commissioner Dawkins: Second.
Mayor Clark: December 16th?
Commissioner Dawkins: Second.
Mayor Clark: Moved by Mr. De Yurre, seconded by Mr. Dawkins. December the
16th? Is Mr. Korge here? Mr. Korge, would you like a word?
Mr. Chris Korge: Mr. Mayor, thank you. I represent the purchaser of the
property, and I guess we really have no choice at this point, since Mr.
Fitzsimmons hasn't shown up and it's his appeal, so we are also in concurrence
with Mr. O'Donnell.
122 November 23, 1993
Mayor Clark: No further notice, December the 16th. Please call the roll,
Madam Clerk.
THEREUPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND
SECONDED BY COMMISSIONER DAWKINS, ITEM PZ-3 WAS
CONTINUED TO DECEMBER 16, 1993 BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
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51. DENY APPEAL AND UPHOLD ZONING BOARD'S DECISION TO UPHOLD THE
CLASS I SPECIAL PERMIT APPLICATION (93-0384) FOR A PROPOSED
SWIMMING POOL FOR SINGLE FAMILY RESIDENCE (1851 S.W. 36
AVENUE). (Applicant: Olga Campos Aguila. Appellant: Ofelia
Tabares-Fernandez.)
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Mayor Clark: Do we have other requests on the floor, for deferrals,
j withdrawals? Madam Clerk, would you swear the persons in that may testify.
Please stand, folks, and raise your right hand to be sworn by the clerk, if
you're going to testify.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Mayor Clark: Please be seated. Let's proceed with item number 1.
fMr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, since this is an
appeal from the Zoning Board decision, the first person that makes a
presentation will be the appellant, which is in this case Ms. Ofelia Tabares.
Mayor Clark: The procedure is the appellant has a time, the objectors have a
time, then the appellant has the right of rebuttal, about one minute.
Joel Maxwell (Assistant City Attorney): Yes, sir.
I
Mayor Clark: Thank you. Is the appellant present?
Vice Mayor De Yurre: Mr. Mayor, can we have a little bit of background,
exactly, as to what we're going to be hearing?
Mayor Clark: This is a... Go ahead.
Mr. Sergio Rodriguez (Assistant City Manager): This is an appeal from a
j Zoning Board decision that upheld the decision from the Zoning Administrator
granting a class one for a swimming pool. That decision that was made by the
123 November 23, 1993
Zoning Administrator was upheld by the Zoning Board, and now, it's being
appealed by Ms. Ofelia Tabares, which is a neighbor from the person that
received the class one.
Vice Mayor De Yurre: Thank you.
Mayor Clark: Your name, for the record?
Ms. Ofelia Tabares-Fernandez: My name is Ofelia Tabares-Fernandez, and I live
at 1861 Southwest 36th Avenue, and I'm the appellant in this case. And before
I make my presentation, I want to state for the record that somebody called me
this morning and advised me or announced to me that the notice of amendment
that was published was the wrong address, but the Law Department assures me
that, that has nothing, is not a - no inconvenience in follow-up with this...
Mayor Clark: All right.
Ms. Tabares-Fernandez: ... and continue with this.
Mayor Clark: Hold it, just a moment. Mister Attorney.
Mr. Maxwell: We've reviewed that, Mr. Mayor, and we believe that's a de
minimis area here. The publication in the newspaper in this particular
instance, because it's a class one, would be in the nature of a courtesy
notice. The required notice contained all the correct addresses and was sent
to the proper persons.
Mayor Clark: Continue.
Ms. Tabares-Fernandez: I have no objection. I simply want to state for the
record that this is legal. I also would like to hand each one of you the
exhibits...
Mayor Clark: Present the maps. Present them.
Ms. Tabares-Fernandez: ... the exhibits that I'm going to refer to in my
presentation. On October - on July 23, 1993, I, Ofelia Tabares-Fernandez, the
appellant, filed an appeal to the Zoning Board, the decision of the active
Zoning Administration, granting the special permit class one number I930384 to
Mr. and Mrs. Roberto Aguila. And I quote: "Based on the fact that the six-
foot fence constructed to protect the access to the proposed swimming pool has
taken away from my property the more than five-foot side setback that is shown
in the survey done at the time I bought my property, with additional demands
for a five-foot easement." That's Exhibit 1.
Mayor Clark: May I ask a question, please? Did they have a permit to build
this fence?
Mr. Rodriguez: Yes, sir.
Mayor Clark: Six feet, on the street?
Mr. Juan Gonzalez: No, Mr. Mayor. Juan Gonzalez, Planning, Building and
Zoning. They do have a permit to build that wood fence. That is correct,
sir.
124 November 23, 1993
Mayor Clark: Six feet, on the street?
Mr. Gonzalez: Yes, sir. The City of Miami's Zoning Ordinance allows up to a
maximum of eight foot height or any wood or CBS wall.
Mayor Clark: OK. Go ahead, Ms. Tabares.
Ms. Tabares-Fernandez: The Zoning Board upheld a class one special permit,
and within the term of appeal, October 4th, I filed the present appeal, based
on Exhibit 2: One, the location and construction of the fence necessary for
the construction of the swimming pool, which has encroached my property, and
consequently, reduced its value; two, the procedure followed to obtain the
approval of the class one special permit of reference; and three, the location
of the swimming pool. The analysis of the staff supporting their
recommendation to deny this appeal to the City Commission is Exhibit 3, and I
quote: "Based on the fact that all required procedures were properly
followed, and that the appellant has not produced any evidence that there is
an error in the location of the disputed items, fence and swimming pool." The
Zoning fact sheet of the recommendation to deny this appeal, Exhibit 3-A, is
the same that was presented to the Zoning Board. So none of the arguments
presented for me at the time of the Zoning hearing has been taken into
consideration, nor formed part of the analysis of all your background
information. At this time, I will start addressing the location of the
disputed item, as it also addresses some of the - my arguments with regard to
my appeal to the procedure followed to obtain the approval of the special
permit class one of the reference. Location of the disputed items. Days
before Mr. and Mrs. Aguila started the construction of the six-foot fence, and
taking advantage of the fact that I was away from my house during the weekend
in May, they did have done the removal of the hedge between their property and
my property that had existed for more than 30 years. The fact that they did
not ask my permission did upset me, but I decided not to adversely react, due
to the fact that I was still in the early recuperating period from an accident
I had in February. One or two weeks later, when I arrived at home, I noticed
they had started constructing a six-foot wooden fence. At that time, I tried
to talk to the person doing the construction of the fence, and explained to
him to be careful about the location of the fence, because there is an
easement of five feet on each side of the property line, and that according to
the survey I have had since at least 1969, I have a side setback of 5.5 feet.
That gentleman refused to listen to me. And when Mr. Aguila arrived about
midday, I tried to explain to him the same, and he responded, quote: "He did
not have time to waste in that kind of conversation," close quote.
Mayor Clark: Who was this?
Ms. Tabares-Fernandez: Mr. Aguila. At that point, I called NET (Neighborhood
Enhancement Teams), and filed a telephone complaint about the construction of
the fence encroaching my easement, and called the Zoning Department and
several staff members, including Inspector Jose Arias. I was also referred
again to NET. I noticed that both inspectors from the City and from NET came
and talked to the applicants, but didn't ask me about my arguments. I thought
the applicants, the Aguilas, had been advised accordingly. On May 2lst, I
called NET and talked to Margarita Genova-Cordovi, and explained again the
125 November 23, 1993
reason of my complaint. She promised to take care of the same, and sent me
copies of the memo she delivered, and wrote a note saying that she could be in
contact with me as soon as she had the response to her action, Exhibits 4, 4-
A, and 4-B. I did not receive a response to my complaint of encroachment.
The only action taken by the City itself was with regard to 908.11.22,
intersection of driveways with the streets. On or about July 9th, Mrs. Aguila
came to my house and asked me to sign a letter stating that, quote: "She has
informed me that she was going to build a swimming pool," close quote. I
refused to sign that document, and explained to her that in my opinion, she
had taken one foot from my easement, because she wanted to build the swimming
pool in the area between both properties, and that opposed to that. She
responded that was not the case. I asked her for the blueprints, and after a
few minutes in assuring me that the swimming pool was going to be built at the
other side of the house, she left my house, never able to show me any
blueprint. I have an affidavit, Exhibit 6, from a visitor I had in my house
at that time, which corroborates what I'm saying. On July 9th, she mailed the
document to me. That very same day is the date that appears in their
application of special permit one for the construction of the swimming pool.
She was sending me a letter asking, and at the same time, she was presenting
and requesting the application of the special permit class one. That very
same day, the acting director of Zoning approved the special permit class one.
I am appealing today again. I received the communication fran the Aguilas on
July loth, in my mailbox, as a certified mail B853120487, Exhibit 8. It was
very difficult for me to understand how that piece of mail was in my mailbox,
since I had never signed it. I did investigate with the U.S. Postal Service,
and found that my signature had been forged, exhibit nine. That there is no
great relevance to my suspicion, to my appeal, but you all can understand how
upset, and rather suspicious I was about the fact that something not known to
me was going on. I called NET (Neighborhood Enhancement Team) and talked to
Maida Navarro who informed me that the special permit, class one, had been
requested. I asked her about how to obtain a copy of that application because
this is public record. And that's the way I learned about the existence of
the application and the granting of the special permit class one I am
appealing today.
Mayor Clark: Excuse me for just a moment please. Does this person, Mr.
Aguila, have a permit to make... build a pool? In a setback?
Mr. Juan Gonzalez: Mr. Mayor, no, he does meet his setback requirements. He
does have a permit, however, it is temporarily suspended until the outcome of
this appeal.
Mayor Clark: How do you get a permit... Who issued the permit?
Mr. Gonzalez: The Building and Zoning Department.
Mayor Clark: Well, if he is in a setback zone, how could you give a permit
for something like that?
Mr. Gonzalez: He is not in a setback zone. He meets the correct...
Mayor Clark: He is legally right?
Mr. Gonzalez: Yes, sir, he meets his setbacks.
126 November 23, 1993
Mayor Clark: The way that this photograph shows, it is right next to the
fence.
Mr. Gonzalez: No, all that is required for an open pool is five feet. He
does meet his five feet requirements from the edge of the pool, correct.
Mayor Clark: All right. Building and Zoning hasn't varied at all,
administratively, one way or another?
Mr. Gonzalez: No, sir.
Mayor Clark: Continue Ms. Aguila. I mean Ms...
Mrs. Tabares Fernandez Fernandez: Mrs. Tabares Fernandez. As Ordinance 1100
(sic) provides for a 15 day calendar appeal period, I did file an appeal to
the Zoning Board on the very last day, July 23. By that day the Aguila's had
already started the construction of the swimming pool during the weekend as
they had requested from the acting zoning administrator for a building permit
prior to the deadline of the appeal period which was granted, exhibit 10,
exhibit 10-E. The date of the request for the building permit is June the 29,
and the date of authorization, July 15th. At which time I was not yet aware
of the actions taken by both the applicant and the Zoning Department. I
started contacting the Veterans Administration offices since the beginning of
August since I bought my house originally from them on November 6, '64. After
some long process and the help of the VA in St. Petersburg, I have obtained a
legal paper from the financial institution that bought the loan from them
early in 1965. The legal documents include copies of the mortgage dated
November 6, 164. Copy of the... Copy of the policy of Title Insurance number
654981 which states, this is exhibit 11, in the second page, the upper part,
and I quote; "This policy insures that the said covenant has not been violated
today." Copy of the declaration of restrictions covered in a subdivision
known as Coral Gate, section C, the plat of which is recorded in deed book
3281 page 7, which is attached to the survey of my property, which states
that, and I quote; "There are no visible encroachments." Those are exhibit 12
and 13. Copy of the appraisal report which states quote: "No violations, no
encroachments apparent," exhibit 14. It is my understanding that all this
information proves, as I said at the Zoning Board hearing, the fence has
encroached the easement on my side, which encroachment never existed before.
Furthermore, at the time I applied for a remodeling of an addition permit in
1970, the City of Miami provided me with a copy of the before -mentioned survey
according to which I have requested other building permits afterwards. I
understand that there was a fire sometime and they don't have that information
any more. Reviewing the City file in preparation for the zoning appeal, I
found a copy of a facsimile transmittal sent to Teresita Fernandez by the
applicant which includes the memo of the Public Works Department, I don't
understand how those things can happen, exhibit 15. It does not address the
issue of the complaint I filed with regard to the encroachment of the easement
on my side caused by the location of the fence. I call Mr. Harms to know
about the report requested by Margarita Cordovi, exhibit 4, and never got a
response. Additionally, and after analyzing the declaration of restrictions,
exhibit 12, it is my understanding that the fence has to be removed to comply
with letter "J" of the restriction which states, and I quote; "J. Wall and
fences: heights and walls and fences viewed outside of the building setback
127 November 23, 1993
lines shall not be greater than as follows: no wall or fence may be erected on
any lot in the subdivision higher than 3.6 feet above finish grade, nor more
than 4 feet above the elevation of the center of the adjoining street. And
provided, however, that no wall or fence shall be erected or placed within the
front setback lines of any lot unless said wall or fence shall be an
ornamental and desirable feature and shall not in any manner impair the
general scheme of the subdivision area." And also with letter "H," and I
quote: "Easement: no trees may be planted or other matters or things placed
within the easement hereby reserved." The fence is something more than a
thing, exhibit 16, 16-A. The constructed fence not only violated the
restriction but is an eyesore and hazard to safety, as I've explained at the
Zoning Hoard hearing. You have the photos as exhibit 17, and documented with
photos. Coral Gate neighborhood is a group of conscientious owners who have
been fighting for years to preserve and maintain high aesthetic and safety
standards, see exhibit 18, and exhibit 18-A, the way that the home owners of
that neighborhood, I mean, keep their properties. To allow that kind of fence
constitutes, in my opinion, an offense to the neighborhood.
Mayor Clark: All right.
Mrs. Tabares Fernandez Fernandez: I have reasons to believe that they have
been at least, not adversely advised of their rights to go ahead and present
this whole thing as a fait accompli, something that is done and there is you
have to live with them. With regard to the recommendations to deny this
appeal based on the fact that all required procedures were properly followed,
I refer to 130422 application form completion before processing: "No
application shall be deemed to have been filed unless and until the
application shall have been completed and all fees due at time of filing have
been paid." I have reviewed the City file, no proof of payment is included.
At the zoning hearing, Mr. Armada says that Mrs. Aguila has a receipt, I
believe that being a public record that receipt should be in the file, in the
City file. I haven't seen it for six months. 14011, second paragraph: "At
the time of initial application the applicant shall notify in writing the
official representative of all known neighborhood and of homeowners'
associations potentially affected by the application by certified mail with
return receipt requested and shall submit with the application said receipt."
The applicants know that Coral Gate has an active homeowner association, and
neither the legal address, nor any of the officers were notified. The P.O.
Box, the president, and board members, et cetera.
Mayor Clark: All right.
Mrs. Tabares Fernandez Fernandez: 14012, class one, special permit, mandatory
referral, time limits on returns. Not only were referrals not made, but the
permit was approved the same day of admission. And, the building permit was
issued and construction authorized before the appeal period has lapsed.
Furthermore, 14021 states: "No class one permit shall be granted without all
reports required in the particular case." And, I want to refer to another
part of the code 13.
Mayor Clark: We have... We have the complete file. I think you have
explained it very adequately I also have a memorandum here that was attached
to your exhibit 15 that states that the engineers' notes indicate that the
easements are reserved for the installation and the maintenance of public
128 November 23, 1993
utilities. However, it has been the custom and practice of the City of Miami,
I never heard of this before, to allow the installation of temporary
encroachments, such as wood or metal fences, within such easements with
permission of the affected to utilities companies. Did they get the notice of
this? Was the utility company advised of this encroachment?
Mr. Jim Kay: This is an unusual case, Mr. Mayor. I'm not aware of the
utility companies being advised of this. What you have here is a property
line with two five foot wide easements on either side of the property line.
They are not... they do not constitute an overall ten foot wide easement, but
they are separately on the plat as two five foot wide easements. And the
fence is located on the property line.
Mayor Clark: I think you've explained your case very well, Ms. Tabares, does
the Planning Department or the Building Department have anything to make a
statement? I think it all has been explained pretty adequately.
Mr. Juan Gonzalez: Mr. Mayor, I do. Juan Gonzalez, Planning, Building and
Zoning. Let me clarify the issue that we are... before here you today.
Basically she is an appeal of the Zoning Board's decision to deny her appeal
request for that class one permit. Briefly let me give you an overall
background of what a class one is. A class one permit is a special permit, it
is required for all outdoor swimming pools, especially in single family duplex
areas, and so forth. What happens by a class one is we mandate notification
on neighbors as a courtesy. They do not have to give their approval. If they
object to this construction, obviously, they will take the steps which Ms.
Tabares did, which is appeal the class one permit. All that notification is,
it's a courtesy notice to the surrounding neighbors. It is not a requirement
that they have to accept the swimming pool or not. If they are against it,
obviously they would appeal that class one permit. What the class one permit
in itself does, it authorizes the use of a swimming pool, an outdoor,
permanent outdoor recreational area which there is many uses, but swimming
pools fall into this category, is like a permit prior to the building permit.
What happens is zoning reviews it for meeting the proper setbacks, we wait for
the applicant to bring us the proof of notification to existing... to the
existing neighbors. The applicant give us a hold harmless application. What
we mean by that is, in other words, that is correct, we did issue the building
permit prior to the 15 day appeal period. However, that is done under the
consideration that the applicant knows that if there is an appeal, the job
will be stopped until the appeal is heard. They give us a hold harmless
waiver for that appeal.
Mayor Clark: But, let me not correct you but tell you that this construction
started long before a permit was issued.
Mr. Gonzalez: Well, no, no.
Mayor Clark: It's admitted right in this memorandum.
Mr. Gonzalez: No, I believe they are talking about the fence there.
Mayor Clark: It states... Well, that's part of the construction.
Mrs. Tabares Fernandez: No, sir, both things.
129 November 23, 1993
Mr. Gonzalez:
Well, keep in mind...
Mayor Clark:
It states in it, please: "In accordance with the proof of
building permit purchased after construction began."
Mr. Gonzalez:
OK, I believe what...
Mayor Clark:
That's your memorandum.
Mr. Gonzalez:
No, that's I believe... Is that Juan Gonzalez, or Jim Kay?
Mayor Clark:
Sergio Rodriguez.
Mr. Gonzalez:
No. That's...
Mr. Sergio Rodriguez (Assistant City Manager): Which one are you referring,
sir?
Mayor Clark:
Well, the one of August the 18th, Sergio Rodriguez, Department
of Planning and Building and Zoning Director.
Mr. Rodriguez:
That's from Mr. Jim Kay to me.
Mayor Clark:
Yes, that's two... Yes.
Mr. Gonzalez:
From Mr. Jim Kay to me, right?
Mayor Clark:
Yes. Is that correct?
Mr. Gonzalez:
Right, that's a memo from Mr. Kay to me as director.
Mayor Clark: The engineers' notes noted this, that the utility company was
not advised to start with, and that in accordance with approved building
permit purchased after construction began. So, what's this a pardon board up
here now?
Mrs. Tabares Fernandez: Mr. Mayor.
Mayor Clark: Please.
Mr. Gonzalez: Mr. Mayor, Mr. Kay will clarify that in a second.
Mr. Kay: Mr. Mayor, just give me a couple of seconds here. It's been a while
since I read this. OK, the permit, the fence permit was purchased after the
pool permit was... came into effect. Apparently, it was a separate permit,
the fence permit. So, after the pool construction began, then they purchased
the fence permit.
Mayor Clark: Do you have anything to state, sir, to rebut Mrs. Tabares
Fernandez, from the Zoning Department?
Mr. Gonzalez: Mr. Mayor, remember, we are talking about two permits here.
one is the actual fence permit, the other one is the pool permit. The fence
130 November 23, 1993
permit really, the issue is not the fence permit but the actual construction
of the pool. The fence permit, her objection to it was that it was
encroaching into her property. And, we've told Ms. Tabares several times that
if she believes that there is an encroachment, she has the right for a civil
suit upon these neighbors that they're encroaching into her property.
Submitted survey by the Aguilar's on August 1993, showed the fence... a
certified survey showed that the fence is on their property line.
Mayor Clark: All right, it's not encroaching her property, but it's
encroaching in...
Mr. Gonzalez: It is encroaching the utility easement. But, as Mr. Kay has
said, it's been cannon practice from the City to issue these permits.
Mayor Clark: No, that maybe where we get into a jackpot. Do you have
anything further to add Mrs. Tabares Fernandez, just to wind this up so we can
move on?
Mrs. Tabares Fernandez: Yes, because I would like, I mean, for my son to
summarize what I consider the...
Mayor Clark: No, you have made your position very clear.
Mrs. Tabares Fernandez: OK, then...
Mayor Clark: I think let's wait and see what carves out.
Mrs. Tabares Fernandez: ...I want to make sure that the, I mean, the
restrictions applicable to Coral Gate are complied with. And, that fence is
an eyesore, and this appeal referred to both things, but they go together.
Mayor Clark: All right.
Mrs. Tabares Fernandez: I mean, the fence goes with the swimming pool, and
the swimming pool goes with the fence.
Mayor Clark: All right, thank you Ms. Tabares. I am going to close this
public hearing and ask the Commission for...
Mrs. Tabares Fernandez: And whatever...
Mayor Clark: ...a decision.
Mr. Gonzalez: Mr. Mayor.
Mayor Clark: Yes, sir.
Mr. Gonzalez: I'm sorry, I mean, I hate to interrupt, but let me clarify two
things. The class one is strictly for the swimming pool, has nothing to do
with the fence.
Mayor Clark: I understand that.
Mr. Gonzalez: There are two separate permits and the appeal is on the class
one which is for the swimming pool...
131 November 23, 1993
Mayor Clark: Yes, sir, all right.
Mr. Gonzalez: ...not the fence issue.
Mayor Clark: Thank you. All right, what's the pleasure of the Commission,
either up or down?
Mr. Rodriguez: Mr. Mayor, we have also present here the neighbors, the one
that pulled the class one permit, I don't know whether you would like to hear
fran them or not.
Mayor Clark: Well, if they can add something very shortly, I think we all...
Give us your name, please. Are these the neighbors... are these the Aguilas?
i
(INAUDIME BAGK070- ID COBS NOT E[IERED INTO THE PUBLIC RECORD)
j Mayor Clark: All right, please, for the record, give us your name and
address.
Mrs. Olga Campos Aguila: My name is Olga Campos Aguila and I live at 1851
S.W. 36th Avenue. For the record, I'd like to say that I have here two
separate permits. One is for the fence and the other one is for the pool.
The one for the fence was purchased before the construction of the fence
started and the one for the pool was purchased before the construction of the
pool started. They were on two separate dates. I composed this drawing from
Mr. Gonzalez's current survey, our current survey and Mrs. Tabares Fernandez
original survey from 1959, I believe it is. What I am showing here is that we
are meeting, more than meeting, more than exceeding our required setbacks for
the swinmi.ng pool and for the equipment. The fence permit is a totally
separate issue and a totally separate permit, and has nothing to do with a
class one appeal. What I also want to show you here is that Mrs. Tabares
Fernandez has a chain -link fence which is encroaching a foot almost four
inches into Mr. Gonzalez's property...
Mayor Clark: Did you appeal that? Did you file a complaint on that?
Mrs. Campos Aguila: Well, he did. It's his property, not mine.
Mayor Clark: OK.
Mrs. Campos Aguila: And, I believe that she thinks that our fence is on her
property because of the fact that she is over on the back, and she believes
that it all should come straight out to the sidewalk when, in fact, she is the
one doing the encroaching on the property behind us.
Mayor Clark: All right.
Mrs. Campos Aguila: Also Mrs. Tabares Fernandez says our fence is encroaching
on the utility easement, she has built a circular driveway on the utility
easement without a permit.
Mayor Clark: Who's on first? All right, anything further, Ms. Aguila?
132 November 23, 1993
Mrs. Campos Aguila: So many things to say.
Mayor Clark: Sir. Are you objecting to this, sir?
( INAUDIBLE BACKGEifJiM COK E;N.PS NUr ENTERED INTO THE PUBLIC RECORD)
Mayor Clark: Well, came up front, please. Give us your name and address,
please.
Mr. Francisco Gonzalez: Yes, sir, my name is Francisco Gonzalez. I live at
3500 S.W. 18th Terrace. I am in the property line with this family, Aguila,
and with Mrs. Tabares Fernandez. I appeal on the Zoning Board before, previous
meeting, because I got a survey over here from late 1990 where it shows,
according to this survey, that Mrs. Tabares Fernandez have an encroachment on
1.3 on my property, on my line, on my property. Since we were neighbors for a
long time, and we have never had any problems before, I delayed approach held
to early 1991, and it going to be shown in various occasions she told me that
once that she do her own survey, she will move the fence if it's no
disagreement. I want to point that during the meeting with the Zoning Hoard
one of the gentlemens over there, Mr. Parket, requested late survey from Mrs.
Tabares's property. That I believe at least three surveys have been done, as
I recall, one of them is Armenteros and the other is Brownell Company. At
that time, Mrs. Tabares Fernandez claimed that since all these surveys
disagreed, she don't believe that she have to bring these blueprints over
here. I've got mine, and if you mind, I would like that you see it.
Mayor Clark: All right, leave that with the clerk, if you will. Yes, sir,
you want to add something? No, you have spoken, ma'am. Your name, sir?
Mr. Roberto Aguila: Yes, good afternoon, Commissioners. My name is Roberto
Aguila, I reside at 1851 S.W. 36th Avenue. I live at the residence where the
pool is supposedly being built. From the day one we proceded step by step
within the law of... we have our permits, we have everything. We have three
surveys done by us, and Ms. Tabares has done, like, six surveys. At one time
we had, like, ten flags fran surveying companies in our yard. My pool has
already... there is a hole on the ground already, I have the rebars,
everything is going to rot away, something that we have no control over but we
are not encroaching as the Building Department will tell you. We... She is
just... She thinks we are, but we are not encroaching, we have surveys to
back up our claim.
Mayor Clark: All right, thank you, sir.
Mr. Aguila: She hasn't submitted any current surveys. And, she's done four
or five at least.
Mayor Clark: Thank you, sir.
Mr. Aguila: You are welcome, sir.
Mayor Clark: One moment in rebuttal, Mrs. Tabares Fernandez, and then we come
to a decision.
133 November 23, 1993
Mrs. Tabares Fernandez: With regards to Mr. Gonzalez, I mean, his complaint
has absolutely nothing to do with this case. He has never filed any
complaint.
Mayor Clark: Please, now, talk to your case, on your case.
Mrs. Tabares Fernandez: Well, I refer to what has been said...
Mayor Clark: All right.
Mrs. Tabares Fernandez: ...after .I made my presentation. And, what I an
asking today, of course, is that the fences comply with the regulations and
restrictions of the neighborhood, it's filed in the public records. And,
they're not allowed to have a six foot wooden fence.
Mayor Clark: All right.
Mrs. Tabares Fernandez: The appearance and the hazard, the safety hazard that
they represent. You have the photos, you have all the information...
Mayor Clark: All right, we have the whole file.
Mrs. Tabares Fernandez: ...and what I am asking is, as I did in the Zoning
Hoard, to deny the special permit, and to ask, I think, it's also a request
for the Planning, Zoning and Building Department...
Mayor Clark: All right.
Mrs. Tabares Fernandez: ...to review the procedure so these things doesn't
(sic) happen anymore.
Mayor Clark: Thank you, public hearing is now closed. Pleasure of the
Commission for their recommendation.
Vice Mayor De Yurre: Mr. Mayor, as far as I can see, there is no issue with
the pool itself, everything was done according to plan and that is what is
being appealed here at this point in time. It has nothing to do with the
actual fence, correct?
Mr. Rodriguez: Correct, according to Planning and Building and Zoning
Department, you are correct.
Vice Mayor De Yurre: OK. No, according to the way it is.
Mr. Rodriguez: Right. It's correct.
Vice Mayor De Yurre: So, in that case, I would move to uphold the Zoning
Board's decision and deny the appeal.
Mayor Clark: Is there a second?
Commissioner Dawkins: Second.
Mayor Clark: Second. All right, Madam Clerk, please call the roll.
134 November 23, 1993
135 November 23, 1993
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-753
A RESOLjTrION DENYING AN APPEAL FROM AND AFFIRMING THE
DECISION OF THE ZONING BOARD TO DENY THE APPEAL FROM
CLASS I SPECIAL PERMIT APPLICATION NO. 93-0384
APPROVED BY THE ZONING ADMINISTRATOR ON JULY 9, 1993,
FOR THE CONSTRUCTION OF A PROPOSED SWIMMING POOL AT A
SINGLE FAMILY RESIDENCE, PURSUANT TO ARTICLE 9,
SECTION 906.6 "PERMANENT ACTIVE RECREATION FACILITIES
i AS ACCESSORY USES IN RESIDENTIAL DISTRICTS, SPECIAL
PERMITS" OF ZONING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
FOR THE PROPERTY LOCATED AT 1851 SOUTHWEST 38TH
AVENUE, MIAMI, FLORIDA, ZONED R-1 SINGLE FAMILY
RESIDENTIAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Carmi.ssioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Mayor Stephen P. Clark
ABSENT: Cammissioner J.L. Plummer
Mayor Clark: It passes three to one?
Ms. Matty Hirai (City Clerk): Yes, sir. Three to one.
Mayor Clark: OK, three to one. Thank you folks for coming down.
------------------------------------------------------------------------------
52. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF
PROPOSED RESOLUTION TO APPEAL SPECIAL EXCEPTION GRANTED BY
ZONING BOARD AS LISTED IN 11000, (ARTICLE 4, SECTION 401) R-
2 TWO FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR
LOTS WITH MORE THAN 5,000 SQUARE FEET, TO ALLOW ONE
ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500 SQUARE
FEET OF LOT AREA, FOR A TOTAL OF 22 DWELLING UNITS (AT 3036-
38-42-44-54 McDONALD STREET AND 3023-25-27-31-33-39-45-47-
49-71-73 INDIANA STREET). (See label 59)
------------------------------------------------------------------------------
Mayor Clark: Next item, PZ-4. Please read this item into the record for
everyone's edification.
Ms. Adrienne Friesner Pardo: If I could request, before the item gets read
into the record? My name is Adrienne FriesnerPardo with law offices at 1221
136 November 23, 1993
Brickell. We are in the process of trying to work out an agreement with the
neighbors on this matter so we could settle it. So, if I could request that
you take the next items first and we'll come back to you on this one.
Mayor Clark: All right, please hurry.
Ms. Friesner Pardo: Yes, we will, thank you.
Mayor Clark: We may be gone by the time you get back.
Ms. Friesner Pardo: No, we'll be ready, thank you.
------------------------------------------------------------------------------
53. SECOND READING ORDINANCE: AMEND 11000 TEXT (ARTICLE 6,
SPECIAL DISTRICTS) -- IN ORDER TO ADD NEW SPECIAL DISTRICT
SD-21 SILVER BLUFF COMMERCIAL OVERLAY DISTRICT TO ADD
REGULATIONS FOR PARKING IN THE SILVER BLUFF COMMERCIAL
j DISTRICT. (Applicant: Planning, Building & Zoning Dept.)
------------------------------------------------------------------------------
Mayor Clark: Call item 5.
Mr. Clark Turner: Mr. Mayor, Commissioners.
Mayor Clark: City of Miami, Building and Zoning Department. Yes, sir.
Mr. Turner: My name is Clark Turner, Planning, Building and Zoning
Department. Numbers five, six and seven...
Mayor Clark: All right, sir.
Mr. Turner: ...are companion items. Item 5 is amending the zoning ordinance
to create a new special district, the Silver Bluff commercial overlay
district, and make provisions for payment of a fee in lieu of providing
required parking.
Mayor Clark: Are there objections to this item? Public hearing is closed.
Commissioner Gort: Move it.
Mayor Clark: Second by Mr. Dawkins.
Commissioner Dawkins: Second.
Mayor Clark: Call the roll. All right, that has been moved by Mr. Gort,
seconded by Mr. Dawkins. No further discussion, call the roll, Madam Clerk.
137 November 23, 1993
W
AN ORDINANCE -
AN ORDINANCE AmmING ORDINANCE N0. 11000, AS AN WED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 6, SPECIAL DISTRICTS, THEREBY ADDING
NEW SECTION 621. SD-21 SILVER BLUFF COMMERCIAL OVERLAY
DISTRICT; CLARIFYING REQUIRIIMENTS FOR REQUIRED AND
SHARED OFFSTREET PARKING SPACES ADDING A PROVISION
THAT PROHIBITS VARIANCES FOR THE REDUCTION OF REQUIRED
PARKING; AND ADDING PROVISIONS ESTABLISHING A
PROCEDURE WHICH WILL ALLOW THE PAYMERr OF A FEE IN
LIEU OF PROVIDING REQUIRED OFFSTREET PARKING FOR
NONRESIDENTIAL USES IN SD-21; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 21, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Gort, seconded by Commissioner Dawkins, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Corrdssioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11102.
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.
------------------------------------------------------------------------------
54. SECOND READING ORDINANCE: AMEND 11000 ATLAS -- ADD NEW
SPECIAL ZONING OVERLAY DISTRICT (SD-21 SILVER BLUFF
COMMERCIAL OVERLAY DISTRICT) TO THE SILVER BLUFF COMMERCIAL
DISTRICT -- FOR PROPERTIES GENERALLY BOUNDED BY BOTH SIDES
OF S.W. 28 LANE, S.W. 27 STREET, S.W. 24 AVENUE, THE
METRORAIL RIGHT-OF-WAY, AND S.W. 27 AVENUE. (Applicant:
Planning, Building & Zoning Dept.)
Mayor Clark: Next item.
Mr. Clark Turner: Next item is the companion to the first item. It shows
the... It amends the zoning atlas....
Commissioner Dawkins: Move it.
138 November 23, 1993
Mayor Clark:
PZ... PZ-6?
Mr. Turner:
PZ-6.
Mayor Clark:
Do we have to read anything into the record.
Commissioner
Gort: Second.
Mayor Clark:
Call the roll.
AN ORDINANCE
-
AN ORDINANCE AMENIDING THE ZONING ATLAS OF ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW
SPECIAL OVERLAY DISTRICT, ENTITLED "SD-21 SILVER BLUFF
j DIAL OVERLAY DISTRICT", FOR THE PROPERTIES
4 GENERALLY BOUNDED BY BUM SIDES OF SOUTHWEST 28TH
LANE, SOUTHWEST 27TH STREET, SOUTHWEST 24TH AVENUE,
THE WMRAIL RIGHT-OF-WAY, AND SOUTHWEST 27TH AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE N0. 43
i OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 21, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner 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 Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11103.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
139 November 23, 1993
------------------------------------------------------ ------------------------
55. SECOND READING ORDINANCE: AMEND CODE CHAPTER 35 (MOTOR
VEHICLES AND TRAFFIC) -- ADD NEW ARTICLE IX: SILVER BLUFF
COMMERCIAL PARKING IMPROVEMENT TRUST FUND -- ESTABLISHING
THE REQUIREMENTS AND FEES TO BE PAID IN LIEU OF REQUIRED
OFFSTREET PARKING IN THE SILVER BLUFF COMMERCIAL OVERLAY
DISTRICT. (Applicant: Planning, Building & Zoning Dept.)
Mayor Clark: PZ-7.
Commissioner Dawkins: With the board... with the Manager's approval, I vote
to move it.
Commissioner Gort: Second.
Mayor Clark: No exceptions? Call the roll.
Commissioner Dawkins: Read the ordinance.
Mayor Clark: Call the roll, Madam Clerk.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MMR
VEHICLES AND TRAFFIC", BY ADDING A NEW ARTICLE IX
ENTITLED "SILVER BLUFF CCMMERCIAL PARKING IMPROVEMENT
TRUST FUND"; DESCRIBING THE PURPOSES FOR WHICH SUCH
FUND IS ESTABLISHED, THE REQUIREMMIS FOR FEES TO BE
PAID IN LIEU OF REQUIRED PARKING, THE MANNER IN WHICH
FUNDS ARE DEPOSITED TO THE FUND, AND THE RESTRICTIONS
ON HOW FUNDS MAY BE SPENT; MORE PARTICULARLY BY ADDING
NEW SECTIONS 35-196 AND 35-197; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE: DATE.
Passed on its first reading by title at the meeting of October 21, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner 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 Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
140 November 23, 1993
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11104.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
56. SECOND READING ORDINANCE: AMEND 11000 TEXT (GENERAL AND
SUPPLEMENTARY REGULATIONS), SECTION 939.2 (LIMITATIONS OF
CBD STORAGE FACILITIES) -- TO PERMIT, BY SPECIAL EXCEPTION,
A CBD STORAGE FACILITY TO OCCUPY ALL OF THE FLOOR AREA OF AN
EXISTING BUILDING IN THE CBD DISTRICT. (Applicant:
Planning, Building & Zoning Dept.)
Mayor Clark: Item B. Amendment to the ordinance.
Ms. Catherine Carlson: Good evening, I'm Catherine Carlson from the Planning,
Building and Zoning Department. Item number 8 is consideration of amending
the text of ordinance 11000, zoning ordinance of the City as amended by
amending section 939.2 and adding section 939.3, to permit by special
exception a CBD (Central Business District) storage facility to occupy all of
the floor area of the existing building in the...
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, this is a second
reading, and I believe that there might be no opposition to this item.
Mayor Clark: Read it into the record please. Call the roll, Madam Clerk.
Ms. Matty Hirai (City Clerk): Mr. Mayor, we need a motion.
Commissioner Dawkins: I moved.
Vice Mayor De Yurre: So move.
Mayor Clark: He moved it earlier.
Commissioner Dawkins: And, Commissioner De Yurre seconded it.
Ms. Hirai: Thank you.
141 November 23, 1993
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY: (1) AMMING "SECTION 939. CBD STORAGE FACILITY"
TO MAKE FINDINGS; CLARIFYING SECTION 939.2 TO PROVIDE
THAT A CBD STORAGE FACILITY MAY BE OPERATED WITHIN AN
EXISTING BUILDING UPON ISSUANCE OF A CLASS II SPECIAL
PERMIT AND SUBJECT TO THE REQUIREMENTS AND LIMITATIONS
OF SECTION 939.2; AND ADDING SECTION 939.3 WHICH
SEPARATELY AND APART PROVIDES FOR THE OPERATION OF A
CBD STORAGE FACILITY IN AN EXISTING BUILDING BY
SPECIAL EXCEPTION SUBJECT TO REQUIREMENTS AND
LIMITATIONS; AND (2) AMENDING SECTION 2502 TO CLARIFY
THE DEFINITION OF CBD STORAGE FACILITY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 21, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Vice Mayor 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 Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11105.
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.
142 November 23, 1993
------------------------------------------------------------------------------
57. SECOND READING ORDINANCE: AMEND 11000 TEXT, ARTICLES 4, 5,
6, 9, 17 AND 25 -- IN ORDER TO CURE IMPERFECTIONS WHICH
BECOME APPARENT IN THE COURSE OF ADMINISTERING THE ZONING
ORDINANCE -- PERIODIC REVIEW AND REFINEMENT OF SAID
INSTRUMENT ARE IMPORTANT IN THE EVOLUTION OF AN ORDINANCE
SUITED TO THE UNIQUE CHARACTER OF THIS CITY.
------------------------------------------------------------------------------
Mayor Clark: Item 9.
Camdssioner Dawkins: With the Administration's approval, I move it.
Mr. Sergio Rodriguez (Assistant City Manager): PZ-9 is recommended by the
Administration. It's a second reading, you might want to ask if there is same
opposition to this item. We don't believe there is any.
Mayor Clark: Are there objections to this item, item 9? Hearing none, read
them into the record.
Vice Mayor De Yurre: Second.
[AT THIS POINT, THE CITY ATDORNEY READ THE ORDINANCE INOT THE PUBLIC RECORD BY
TITLE ONLY]
Commissioner Gort: Are you sure you got it all?
Mayor Clark: There's a motion and a second.
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Mayor Clark: Further discussion?
Commissioner Dawkins: Read it again.
Commissioner Gort: Yeah, I didn't get it the first time.
Vice Mayor De Yurre: Backwards.
Mayor Clark: Call the roll, Madam Clerk.
143 November 23, 1993
AN ORDINANCE -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING: ARTICLE 4, SECTION 401, "SCHEDULE OF
DISTRICT REGULATIONS" TO AMEN THE INTENT OF THE R-1,
R-2, R-3, R-4, C-1, G/I AND CBD DISTRICTS, ARTICLE 5,
"PLANNED UNIT DEVELOPMENTS" TO PROVIDE THAT
COMPREHENSIVE AN DETAILED SITE PLANS, FLOOR PLANS AN
ELEVATIONS MAY BE REQUIRED AT THE DISCRETION OF THE
DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AN
ZONING; ARTICLE 6 TO ALUM "DANCE HALL, FOR RECREATION
AND ENTERTAINMENT" AS A PERMITTED USE IN SD-2 COCONUT
GMVE CENTRAL COMMERCIAL DISTRICT BY SPECIAL EXCEPTION
ONLY AN AN OFFSTREET PARKING REQUIREMENT FOR MEETING
HALLS/PLACES OF GENERAL ASSEMBLY IN C-1; SECTION
605.4.2 TO ALUM HEALTH STUDIOS AN SPAS AS PRINCIPAL
USES PERMITTED SUBJECT TO LIMITATION WITHIN THE
DISTRICT; SECTION 607.10 TO REMOVE MINIMUM PARKING
REQUIREMENTS IN SD-7 CENTRAL BRICEELL RAPID TRANSIT
CRCIAL-RESIDENTIAL DISTRICT; SECTION 607.4.1(2) BY
ELIMINATING THE 25,000 SgJARE FOOT MAXIMUM FOR
INDIVIDUAL RETAIL ESTABLISHMENTS AN INCREASING THE
AIJINABLE FLOOR AREA FROM .5 TIMES THE GROSS LOT AREA
TO 1.5 TIMES THE GROSS LOT AREA; SECTION 607.4.3 BY
PERMITTING DRIVE -THROUGH WINDOWS AT RESTAURANTS BY
SPECIAL EXCEPTION ON ALL STREETS EXCEPT THOSE
IDENTIFIED AS PEDESTRIAN STREETS IN SECTION 607.4.1.1;
"PRINTING" BY SPECIAL EXCEPTION ONLY, PROVIDED THAT
THERE SHALL BE NO VEHICULAR ACCESS TO SUCH FACILITIES
DIRECTLY FROM PRIMARY PEDESTRIAN PATHWAYS AND THAT
THERE IS A MINIMUM GROSS LOT AREA OF 30,000 SQUARE
FEET; SECTION 614 TO CLARIFY CERTAIN LANGUAGE
PERTAINING TO PERMITTED USES AN REGULATIONS OF THE
SD-14 AND SD-14.1 DISTRICTS; ARTICLE 9, "GENERAL AN
SUPPLEMENTARY REGULATIONS", TO DELETE THE REQUIREMENT
FOR A CLASS I SPECIAL PERMIT FOR AIR CONDITIONING AN
FIRE EQUIPMENT EXCEPT IN CASES WHERE REQUIRED MINIMUM
SETBACKS CANNOT BE MET; ARTICLE 17, "MAJOR USE SPECIAL
PERMITS", TO PROVIDE FOR REFERRALS TO THE LARGE SCALE
DEVELOPMENT (LSD) COMMITTEE AT THE DISCRETION OF THE
DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AN
ZONING AND MAKING SUBMITTALS TO THAT COMMITTEE AN
MINUTES OF ITS MEETING A MATTER OF PUBLIC RECORD;
ARTICLE 25, SECTION 2502, "SPECIFIC DEFINITIONS" TO
CORRECT AN INCORRECT CITATION IN THE DEFINITION OF
"BUILDING PERMIT" AN TO PROVIDE A DEFINITION FOR
"DIRECTOR" (OF THE DEPARTMENT OF PLANNING, BUILDING
AND ZONING); AN BY PROVIDING DEFINITIONS FOR "MINOR
AND MAJOR AUTOMOTIVE REPAIR", "PRINTING", "USED CAR
SALES" AND "PRE -OWNED CAR SALES"; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
144 November 23, 1993
Passed on its first reading by title at the meeting of October 21, 1993,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Vice Mayor 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 Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11106.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Vice Mayor De Yurre: Mr. Mayor.
Mayor Clark: yes.
Vice Mayor De Yurre: I believe that concludes our agenda for today.
Mayor Clark: Well, this lady is stepping up, is she back yet, or make a
decision?
Ms. Hirai: PZ-4.
Mayor Clark: If not... we will... Thank you, folks.
Mr. Rodriguez: Ms. Friesner.
------------------------------------------------------------------------------
58. EXECUTE AGREEMENT WITH CARIBBEAN LATIN AMERICAN ACTION,
INC. -- TO PROVIDE AN ADDITIONAL $10,000 OVER PREVIOUSLY
ALLOCATED $25,000, IDENTIFIED IN THE INTERNATIONAL TRADE
BOARD BUDGET, IN CONNECTION WITH THE 1993 AMERICAN
CONFERENCE ON THE CARIBBEAN (NOVEMBER 28 - DECEMBER 2,
1993) -- TO COVER ADDITIONAL EXHIBITION SPACE / PROMOTIONAL
ACTIVITIES FOR THE CITY.
Vice Mayor De Yurre: I had... Mr. Mayor, because of the situation that we
had that we changed the December 2nd to the 16th, the meetings, I have as I am
here basically also as Chairman of the ITB, International Trade Board. I
145 November 23, 1993
would like to read the following resolution authorizing the City Manager to
execute an agreement in a form acceptable to the City Attorney with the
Caribbean Latin American Action, Inc., to provide an additional amount of
$10,000 over the allocated $25,000 identified in the International Trade Board
budget for the 1993 Miami Conference on the Caribbean, to be held in Miami
November 28th - December 2nd, 1993, to cover additional exhibition space and
promotional activities for the City utilizing funds to be identified by the
City Manager.
Commissioner Dawkins: Second.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor De Yurre, who moved
its adoption:
RESOLUTION NO. 93-754
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXEC=
AN AGREEMENT, IN A FORM ACCEPTABLE M THE CITY
ATTORNEY, WITH CARIBBEAN LATIN AMERICAN ACTION, INC.,
TO PROVIDE AN ADDITIONAL AMOUNT OF $10,000 OVER THE
ALLOCATED $25,000 IDENTIFIED IN THE INTERNATIONAL
TRADE BOARD BUDGET, FOR THE 1993 MIAMI CONFERENCE ON
THE CARIBBEAN TO BE HELD IN MIAMI, NOVEABER 28 -
DECEMBER 2, 1993, TO COVER ADDITIONAL EXHIBITION SPACE
AND PROMOTIONAL ACTIVITIES FOR THE CITY; UTILIZING
FUNDS TO BE IDENTIFIED BY THE CITY MANAGER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
146 November 23, 1993
-----------------------------------------'-------------------------------------
59. (Continued Discussion) DENY APPEAL -- UPHOLD ZONING BOARD'S
GRANTING OF SPECIAL EXCEPTION AS LISTED IN 11000 (ARTICLE 4,
SECTION 401) R-2 TWO FAMILY RESIDENTIAL, CONDITIONAL
PRINCIPAL USES, FOR LOTS WITH MORE THAN 5,000 SQUARE FEET TO
ALLOW ONE ADDITIONAL DWELLING UNIT FOR EACH ADDITIONAL 2,500
SQUARE FEET OF LOT AREA, FOR A TOTAL OF 22 DWELLING UNITS
(AT 3036-38-42-44-54 McDONALD STREET AND 3023-25-27-31-33-
39-45-47-49-71-73 INDIANA STREET), WITH PROVISOS. (See
label 52)
-----------------------------------------
Mayor Clark: Yes, ma'am, where are you?
Mr. Sergio Rodriguez (Assistant City Manager): Ms. Friesner.
Mayor Clark: We are about to finish. This is item number...
number...
Ms. Lourdes Slazyk: This is PZ-4.
No, this is
Mayor Clark: Do you need a continuance on this, ma'am, or do you want to
fight it out here?
Ms. Adrienne Friesner Pardo: Pardon?
Mayor Clark: Did you say you were going to request a continuance to get
together with the neighbors?
Ms. Friesner Pardo: No, we are going to continue it... I mean, we are going
to hear it now. We've reached agreement on most of the issues, and it is just
one minor issue.
Ms. Slazyk: OK, for the record, I'm Lourdes Slazyk from the Planning,
Building and Zoning Department. PZ-4 is an appeal of an special exception
which was granted by the Zoning Board to allow 22 units at the subject
property. The Planning, Building and Zoning Department is recamending denial
of the appeal and approval of the application, with conditions. The applicant
has been meeting with the neighbors and has cane up with a settlement on most
of the points that were being appealed on. Since this is an appeal I would,
you know, defer that the client, that the applicant make his presentation
first.
Mayor Clark: Give us your name please, ma'am. Thank you. Your name.
Ms. Friesner Pardo: Sure, my name is Adrienne Friesner Pardo with law offices
at 1221 Brickell Avenue. We won below, so I think it would be better for Mr.
Gold who represents the appellants to present his case first since they are
appealing the matter.
Mayor Clark: That's right. Are they appealing the decision?
Mr. Joel Maxwell (Assistant City Attorney): Yes.
147 November 23, 1993
Ms. Friesner Pardo: Yes, they are appealing the decision of the Zoning Board
who had granted in our favor by a vote of, I believe, it was seven... It was
eight to one.
Mr. Rodriguez: Eight to zero.
Ms. Friesner Pardo: To approve the special exception application for this
project.
Mayor Clark: Give us your reason. Give us your name and address for the
record.
Mr. David Gold: My name is David Gold, I am a resident of Indiana Street,
3046 Indiana Street. As Ms. Pardo has stated, we... the neighbors along
Indiana Street have reached a partial agreement regarding our dispute and the
basis of our appeal. And, that agreement, as codified in the document, I
believe, that has been distributed before you. The one thing we take
exception to, Mr. Mayor, is paragraph number 2, specifically that Mercur will
construct a wall on Indiana Street prior to construction, and the... that part
we don't object to, but the part we object to is that the wall would contain
openings for construction vehicles. Basically, the whole basis for our
request and in fact our demand for the construction of a wall along Indiana
Street prior to the beginning of construction was to prevent construction
vehicles from using Indiana Street, which is a quiet residential street, to
access this property. The neighbors feel, and so do I, Mr. Mayor, that we
will be presented with several concrete trucks or debris trucks parading up
and dawn our street as they access this construction site. And, thus we would
request that no openings in that wall be a requirement.
Mayor Clark: They have a letter submitted to us. They are going to put up a
$10,000 bond and do exactly as you say.
Mr. Gold: On all other matters, we are in agreement. We had a meeting and
these are the... this is the nature of our agreement, the one issue being,
number two, which is the construction of the wall prior to construction of the
general development.
Mayor Clark: Did you see this letter?
Mr. Gold: I believe it is the letter I have in front of me, yes.
Mayor Clark: Well, they've admitted that they would give the City a $10,000
bond, a certificate of deposit to assure that the wall and landscape are
maintained on Indiana Street prior to construction. Is that right, ma'am?
Mr. Rodriguez: No.
Ms. Friesner Pardo: Yes, he is...
Mr. Gold: Mr. Mayor, I am referring to paragraph number two...
Ms. Friesner Pardo: Two.
148 November 23, 1993
Mr. Gold: ...which is the actual construction of that wall prior to the
construction of the development in general. This project...
Mayor Clark: It says; "Mercer will construct a wall on Indiana Street prior
to construction."
Mr. Gold: Right, it's the second sentence of that paragraph.
Mayor Clark: Well, how are you going to get the concrete to pour it? That's
only going to take a short while to do that.
Mr. Gold: Well, that seems to be the issue. I've discussed this with the
developer...
Mayor Clark: Oh, that's...
Mr. Gold: ...and he has told me that it would take... he would need that
opening along Indiana Street for approximately one year, or more, in order to
access the site. My neighbors and I simply do not want the developer to have
free reign on our street for a year.
Mayor Clark: Legitimate... Legitimate reason. Well, that's the only thing
at bay right now, right?
Mr. Gold: That is the only thing before... remaining in this issue.
Mayor Clark: Does this Cocrmission need further information on this item?
Everything is in agreement except the wall and the ingress and egress off
Indiana Street, is that right?
Mr. Gold: Yes.
Mayor Clark: What's your position, Commissioners?
Ms. Friesner Pardo: If I could present our case?
Mayor Clark: Well, I don't know what case you are going to present, ma'am,
but you can take all the time you want to, but just don't...
Ms. Friesner Pardo: OK.
Mayor Clark: It's knowing when to hold and know when to fold.
Ms. Friesner Pardo: All right, I just like to say, for the record, that it is
extremely important to the developer that he be able to access the property
from Indiana Street. Technically, no wall is required prior to construction.
However, the neighbors have wanted that, so we had agreed to do it. But, we
did say we've got to have some openings in the wall to allow the trucks to
access the property so they can build the construction.
Commissioner Dawkins: What is the boundary, the northern or southern boundary
of the project?
Ms. Friesner Pardo: OK, let me explain that to you.
149 November 23, 1993
Commissioner Dawkins: No, just tell me. You see, I may as well tell you, I
am going to vote with the neighbors in that I don't think that any hole, but
one hole, should be in the wall. I think that the contractor...
Ms. Friesner Pardo: That's all we want, is one hole.
Commissioner Dawkins: One hole?
Ms. Friesner Pardo: At the south end of Indiana Street.
Commissioner Dawkins: Why must it be on Indiana? Why can't it... OK, what
streets fronts on the project?
Ms. Friesner Pardo: You have Indiana Street here...
Commissioner Dawkins: Yes, ma'am.
Ms. Friesner Pardo: You have McDonald Street here...
Commissioner Dawkins: Yes, ma'am.
Ms. Friesner Pardo: ...and you have Bird is over here. There is the property
over here. Where are the other boards, if I can show them?
Commissioner Dawkins: Why can't the hole be on the south?
Mayor Clark: You have a street on the side?
Mr. Rodriguez: No.
Commissioner Dawkins: Why can't the hole be on Bird?
Mr. Rodriguez: May I, Mr. Mayor?
Ms. Friesner Pardo: Yes, if I could just say, when we went before the Zoning
Board, these issues were raised by the neighbors. The Zoning Board realized
that it was extremely...
Mayor Clark: Please, please. You're in a different body now.
Commissioner Dawkins: But, Ms. Friesner, you understand that the Zoning Board
refers it to the Commission for a decision.
Ms. Friesner Pardo: Well, this was an appeal. I mean, it was approved by the
Zoning Board.
Mayor Clark: Is Bird Road to the north?
Mr. Michael Oliver: Bird Road is across property to the north, yes. This
property...
Ms. Friesner Pardo: Yes.
150 November 23, 1993
Mr. Oliver:
...has two fronts, Indiana Street and...
Mr. Maxwell:
Must be on the record please, sir. Can you repeat that for the
record. Your name and address.
Mr. Oliver:
My name is Mike Oliver, I am the developer with Mercur, Inc. on
the project.
My address is 3204 Bird Avenue.
Mayor Clark:
Give us some parameters, would you. What's the line on the top?
Mr. Oliver:
This is Indiana Street at the top, all along here.
Mayor Clark:
All right, the one on the right side?
Mr. Oliver:
This is a piece of property.
Mayor Clark:
What's on the left side?
Mr. Oliver:
Another piece of property.
Mayor Clark:
What's on the other side?
Mr. Oliver: This is property, this is property, this is a street.
Mayor Clark:
What is that street?
Mr. Oliver:
McDonald.
Mayor Clark:
Thirty -Second Avenue?,
Mr. Oliver:
Thirty -Second Avenue, yes, sir.
Mayor Clark:
Can't you come in on 32nd Avenue?
Mr. Oliver: Well, I can to a point. You have to understand the whole concept
of this property is to have an underground parking garage so that I don't have
vehicular traffic and I increase the landscaping in the site to somewhere
around 60 percent. To get that, I have to build the parking garage underneath
these properties. That parking garage raises the elevation about three feet
from what the 12 foot is now, to allow for the structure below it. Once that
parking garage is built, the structure underneath it will support the
foundations of the houses. But the slab between those foundation points will
not support a crane or concrete vehicles transitioning across it. This
property here, in width, is 150 feet. The depth is roughly 285 feet. The
garage takes up nearly this entire six lot area. So, the request that I made
was to have an opening in the gate, or in the wall at this end, to allow
service vehicles to help me build the property from this side and being able
to set a crane here to get to these buildings, reaching over them, and then on
this property coming in from Bird Road. I also own the property down here on
Bird, Indiana and McDonald. It's the five lots that sit at this end of the
site. I've agreed to bring all my vehicles in through that direction, as many
as possible, to service those properties' construction from the edge of the
parking garage into the site. And of course, as much possible traffic in from
McDonald. But, I'm limited if I can only come in from this side to be able to
151 November 23, 1993
reach these things over here without, practically, setting a tower crane. If
I set a tower crane, I'm going to have a crane sticking in the neighborhood,
they are going to love me for that.
Mayor Clark: I think you've explained it very well.
Mr. Oliver: Thank you.
Mayor Clark: Anything further?
Mr. Gold: Just that to allow this opening in the wall, as Mr. Oliver has
requested, is going to put the neighbors along Indiana Street in a position
where we are going to be watching concrete trucks and debris trucks line up
along the small two-lane street for a period of a year. This is a very quiet,
two -block residential street.
Mayor Clark: No, you are not going... It's not going to be a year's
concrete. If you pour concrete for a year, you are trying to build the Empire
State Building.
Mr. Gold: I would urge the Commission to ask Mr. Oliver how long he will
require that opening, because I made the same question to him prior to
appearing...
Mayor Clark: Mr. Oliver, probably two to three months, four months?
Mr. Oliver: No, sir, my ground floor slab and the parking lot is...
(INAUDIBLE)
Ms. Friesner Pardo: Mike, you have to get on the mike.
Mr. Oliver: I'll start again.
Mayor Clark: What is the length of time?
Mr. Oliver: With setting up trusses and everything else, I estimate
approximately a year for use on that end of the site.
Mayor Clark: But not concrete trucks.
Mr. Oliver: No, there will be cranes to set trusses and delivery trucks for
the sheeting and things of that nature.
Mayor Clark: Would you think that the concrete portion of this could be done
in four months?
Mr. Oliver: No, sir.
Mayor Clark: You better or you are not a good contractor.
Mr. Oliver: Well, I'm a better contractor than you know, and no it can't be
done in three months.
Mayor Clark: In three months? How long will it take?
152 November 23, 1993
Mr. Oliver: About eight before the concrete is finished pouring.
Mayor Clark: All right, I think we got all the information necessary. What
is the pleasure of the Commission?
Ms. Friesner Pardo: Could I add one last thing to this, just for the record?
These issues were raised at the Zoning Board, the Zoning Hoard didn't see a
requirement for it. We had a separate meeting with the neighbors on a
Saturday so we could try an iron out all the differences. We had submitted
the November 5th letter to the neighbors, which was signed off, including this
condition, condition number two, which did say that Mercur will construct a
wall on Indiana Street prior to construction commencing. The wall will
contain necessary openings required for construction. That agreement was
signed off by all seven of the appellants. And, it wasn't until this evening
that one of the appellants, who is not here tonight, had a concern with that
at the late date. But, they did originally sign off to that agreement.
Mayor Clark: All right.
Mr. Gold: If I may respond to that?
Mayor Clark: No, let's... We are not going back and forth.
Mr. Gold: Very briefly...
Mayor Clark: Just one word, then we are going to end this.
Mr. Gold: Number two was never agreed to by any of my neighbors. They only
signed this agreement with the understanding that we were still negotiating
this specific issue. So, Ms. Pardo's statement that they had signed off and
agreed as to far as this condition is incorrect.
Mayor Clark: All right. The public hearing is closed. Pleasure of this
Commission.
Ms. Friesner Pardo: Could I ask?
Mayor Clark: Please! The public hearing is closed.
Ms. Friesner Pardo: It just concerns the motion for approval. This is all I
want to say. We did in order to meet the neighbors needs...
Mayor Clark: We've got that. We understand that.
Ms. Friesner Pardo: OK. Well, we had to do a revised plan, so if you approve
it we would need that revised plan included.
Mayor Clark: Does the Commission desire any further information?
Commissioner Dawkins: No, sir.
Mayor Clark: Public hearing is closed. Pleasure. What is this project
worth?
153 November 23, 1993
{
Ms. Friesner Pardo: I'm sorry, how much? Five point three million.
Commissioner Dawkins: Mr. Mayor, I go along with it because we do need to
encourage the developers to develop and build. But, I also have to side with
the neighbors. I could go along with a motion for a hole in the wall. But, I
could not support a motion for multiple holes in the wall. Wherever the
developer feels, I mean, he said he would put it on this end and then ccme
back over here, which would be fine. But, just to chop holes in the wall on
Indiana, I couldn't see that.
Mayor Clark: Well, there is a motion in order then, if you say one hole to
the east end?
Commissioner Dawkins: Yes, sir.
Mayor Clark: And, one...
Ms. Friesner Pardo: South? It will be south and north.
Commissioner Dawkins: Will the developer cane back up to the mike please.
Did you say that you could put one hole on Indiana and be able to get in on
that end?
Mr. Oliver: At the south end, correctly.
Commissioner Dawkins: Yes, sir. And then you put one through your property
down here sane place?
Mr. Oliver: Correct. The area that this site takes up, which is sane 450
feet down Indiana Street, only needs to have the one access in the south end.
Frain there I can access it fran my other property off Bird.
Mayor Clark: Is the top of this map... the top of this plan is north?
Mr. Oliver: West. The top of that is west.
Mayor Clark: West, OK. One on the...
Mr. Oliver: Southwest corner.
Mayor Clark: Yeah. OK, is that your motion Mr. Dawkins? One hole?
Commissioner Dawkins: Yes, sir.
Mayor Clark: Is there a second to that?
Vice Mayor De Yurre: Isn't that what is being requested, one hole in the
south end?
Mayor Clark: Fence the rest of the way.
Mr. Oliver: One hole at the southwest corner of the property, correct.
154 November 23, 1993
Vice Mayor De Yurre: That's all you need.
Mr. Oliver: That's all I need on Indiana Street, yes, sir.
Vice Mayor De Yurre: OK. I'll second.
Mr. Gold: If I might ask? Could we possibly then put a time limit as to the
use of that hole or a restriction on the vehicles that use that gate?
Mayor Clark: No, I think... No, I believe, sir, I believe that the hearing
is closed, but I believe he is going to do it as expeditiously as possible.
H's not for him to drag it out.
Mr. Gold: No, I would agree with you.
Mayor Clark: Please, the hearing is closed.
Mr. Maxwell: Mr. Mayor, I do believe Ms. Pardo was trying to tell you that
there was some revised site plans, that the record needs to be clear as to
which site plan you are approving. If she can enter that into the record.
Mayor Clark: Which is the revised plan? Is this the revised plan?
Ms. Friesner Pardo: November 22, 1993. That it would be approved subject to
that revised site plan, and the conditions that we had agreed to with the
neighbors that be added into your resolution.
Mayor Clark: That's on the record, Mr. Attorney?
Mr. Maxwell: Yes, sir.
Mayor Clark: Got it? Call the roll then. Sir.
Commissioner Gort: Could we hear the conditions that were attached to it and
the changes please? Excuse me, Mr. Mayor.
Ms. Friesner Pardo: Yes, condition number one is that Mercur will give the
City a $10,000 bond or certificate of deposit...
Commissioner Gort: OK, the ones here, OK.
Ms. Friesner Pardo: Those that are listed in the November 11 meeting.
Commissioner Gort: Got it.
Mr. Maxwell: Dated November 5th letter before you, sir.
Mayor Clark: It is in the letter? You stipulate the letter is part of the
hearing?
Ms. Friesner Pardo: Yes, we do.
Cc mi.ssioner Gort: Right.
155 November 23, 1993
Mayor Clark: Right, Mr. Attorney?
Mr. Maxwell: Yes, sir.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was 'introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 93-755
A RESOLUTION, WITH ATTACI-Il=(S), AFFIRMING THE DECISION OF THE
ZONING BOARD TO GRANT A SPECIAL EXCEPTION FROM ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MUM, FLORIDA,
ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, R-2 TWO
FAMILY RESIDENTIAL, CONDITIONAL PRINCIPAL USES, FOR LOTS WITH MARE
THAN FIVE THOUSAND (5,000) SQUARE FEET TO ALLOW ONE (1) ADDITIONAL
DWELLING UNIT FOR EACH ADDITIONAL, TWO THOUS M FIVE HUNDRED (2,500)
SQUARE FEET ON LOT AREA, FOR A TOTAL OF TWENTY-TWO (22) DWELLING
UNITS FOR THE PROPERTY LOCATED AT 3036-38-42-44-54 MiCDONALD STREET
AND 3023-25-27-31-33-39-45-47-49-71-73 INDIANA STREET, ALSO
DESCRIBED AS LOTS 30, 33, 48, 49, 50, 51, 66, 67 AND 69, PALMiURST,
PLAT BOOK 7 AT PAGE 22 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; ZONED R-2 TWO FAMILY RESIDENTIAL; SAID SPECIAL EXCEPTION
HAVING A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING
PERMIT MUST BE OBTAINED AND SUBJECT TD THE FOLLOWING: 1) IN
ADDITION TO ALL OF THE LANDSCAPE SHOWN ON THE PLANS ON FILE,
BFTWEE�I THE PERIMETER WALL OF THE PROPOSED DEVELOPMENT` AND THE
INDIANA STREET RIGHT-OF-WAY, AN ADDITIONAL HEDGE WITH APPROPRIATE
BREAKS OF TWELVE FEET IN WIDTH AT PEDESTRIAN ACCESS POINTS AND A
SIDEWALK SHAD BE PROVIDED, SUBJECT TO REVIEW AND APPROVAL BY THE
PLANNING, BUILDING AND ZONING DEPARIMMU; 2) CONSTRUCTION ACTIVITY
ALONG INDIANA STREET SHALL BE MINIMIZED TO THE MAXIMUM EXTENT
POSSIBLE; WHEN CONSTRUCTION VEHICLES MUST ACCESS THE PROJECT
THROUGH INDIANA STREET, NOTIFICATION OF SUCH ACTIVITY MUST BE MADE
TO THE COCONUT GROVE NEIGHBORHOOD ENHANCEMENT TEAM OFFICE AT LEAST
24 HOURS PRIOR M EACH SUCH OCCURRENCE; 3) ADDITIONAL FIRE HYDRANTS
SHALL BE PROVIDED BY APPLICANT AT THE TIME OF APPLICATION FOR THE
INITIAL BUILDING PERMIT, AS REQUIRED BY THE DEPARIV= OF FIRE
RESCUE; 4) A BOND OR A CERTIFICATE OF DEPOSIT IN AN AMOUNT OF NO
LESS THAN $10,000 SHALL BE PROVIDED TO THE CITY, PRIOR M THE
ISSUANCE OF ANY BUILDING PERMITS, M G RANIEE THAT THE LANDSCAPE
AND PERIMETER WALL ARE MAINTAINED BY THE PROPERTY OWNER; 5)
COMPLIANCE WITH ALL CONDITIONS SET FORTH IN THE LETTER DATED
NOVEMBER 5, 1993, FROM ADRIENNE FRIESNER PARDO TO DAVID S. GOLD,
ESQ. , A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND 6 )
COMPLIANCE WITH THE REVISED SITE PLAN DATED NOVEMBER 22, 1993,
PREPARED BY WILLIAM PLASENCIA, R.A., AND ON FILE WITH THE PLANNING,
BUILDING AND ZONING DEPARTMENT OF THE CITY.
156 November 23, 1993
s
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Camii.ssioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Mayor Clark: Ladies and gentlemen we set a record, 6:02 p.m. That's all,
good night, and have a good evening.
Ms. Friesner Pardo: Thank you very much.
THERE BEING NO FURrHER BUSINESS TO CCHE BEFORE THE CITY
COtMISSION, THE MEETING WAS ADJOURNED AT 6:02 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
157 November 23, 1993