HomeMy WebLinkAboutCC 1993-12-16 MinutesOF MIAMI
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MINUTES.
OF MEETING HELD ON DECEMBER 16, 1993
REGULAR AND PLAId1 ING & ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
December 16, 1993
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 2
SPECIAL ITEMS. 12/16/93
2. (A) CONSENT AGENDA. DISCUSSION 2-5
(B) DISCUSSION CONCERNING AGENDA 12/16/93
ITEM CA-1 (COMMITMENT OF FUNDS TO
REGIS HOUSE) AND REQUEST BY REV.
FRANCISCO P. LERENA FOR AN
ADDITIONAL $30,000.
2.1
AUTHORIZE COMMITMENT OF $30, 000
R 93-756 5
TO REGIS HOUSE.
12/16/93
2.2
GRANT REQUEST FOR WAIVER OF USE
R 93-757 6
FEES AT ORANGE BOWL STADIUM
12/16/93
RELATED TO 1994 PIG BOWL GAME
(JANUARY 29, 1994).
2.3
AUTHORIZE REPLACEMENT OF CITY OF
R 93-758 6
MIAMI SPECIAL OBLIGATION BONDS
12/16/93
(SERIES 1985, DUE JULY 1, 1998)
TO SUBSTITUTE FOR LOST BONDS /
COUPONS.
2.4
AUTHORIZE REPLACEMENT OF CITY OF
R 93-759 6
MIAMI SPECIAL OBLIGATION BONDS
12/16/93
(SERIES 1985, DUE JULY 1, 2008)
TO SUBSTITUTE FOR LOST BONDS /
COUPONS.
2.5
AUTHORIZE NEGOTIATION AND
R 93-760 7
EXECUTION OF PROFESSIONAL
12/16/93
SERVICES AGREEMENT WITH KEITH AND
SCHNARS, P.A., IN AN AMOUNT NOT
TO EXCEED $10,000 -- FOR TRAFFIC
ENGINEERING CONSULTING SERVICES
ASSOCIATED WITH THE TRAFFIC
CONTROL PLAN IN THE SHORECREST
NEIGHBORHOOD.
2.6
AUTHORIZE EXECUTION OF
R 93-761
CONTRACTUAL AGREEMENT WITH
12/16/93
DOWNTOWN MIAMI PARTNERSHIP
(FORMERLY DOWNTOWN MIAMI BUSINESS
ASSOCIATION) -- TO IMPLEMENT A
COMMERCIAL FACADE TREATMENT
PROGRAM, IN AN AMOUNT NOT TO
EXCEED $16,000.
2.7
EXECUTE AGREEMENT WITH WASHINGTON
R 93-762
& CHRISTIAN -- FOR PROFESSIONAL
12/16/93
LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION
AND ADMINISTRATIVE ACTIVITIES
WHICH IMPACT UPON THE CITY OF
MIAMI -- ALLOCATE $44,000, PLUS
$5,000 FOR REASONABLE EXPENSES.
3.
(A) TEMPORARILY TABLE AGENDA ITEM
DISCUSSION
2 ( PROPOSED EMERGENCY ORDINANCE
12/16/93
TO AMEND 10021, WHICH ESTABLISHED
INITIAL RESOURCES /
APPROPRIATIONS FOR THE LAW
ENFORCEMENT TRUST FUND [LETF], TO
PROVIDE FOR AN INCREASE OF
$1,453,301.)
(B) TEMPORARILY TABLE AGENDA ITEM
22 (PROPOSED RESOLUTION TO
EXECUTE A FIRST AMENDMENT TO
ADDENDUM AGREEMENT WITH THE
SANITATION EMPLOYEES' ASSOCIATION
[SEA] FOR THE PERIOD OCTOBER 1,
1991 - SEPTEMBER 30, 1994.) TO BE
HEARD AFTER 5:00 P.M. ON THIS
DATE.
4.
SECOND READING ORDINANCE: AMEND
ORDINANCE
CODE SECTION 38-73(c) (1)
11107
CONCERNING BAYFRONT PARK
12/16/93
MANAGEMENT TRUST, BY MODIFYING
QUORUM REQUIREMENT FOR TRUST
MEETINGS.
5.
SECOND READING ORDINANCE:
ORDINANCE
ESTABLISH NEW SPECIAL REVENUE
11108
FUND: EMERGENCY SHELTER GRANT
12/16/93
(FY'93) -- APPROPRIATE $194,000
FROM U.S. DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) 1993
EMERGENCY SHELTER GRANT FOR
OPERATION OF SAME.
7
�-7
8-9
9-10
10-11
6. FIRST READING ORDINANCE: AMEND
CODE CHAPTER 54 (STREETS AND
SIDEWALKS) -- CHANGE STREET
EXCAVATION PERMIT FEE, ESTABLISH
FEE SCHEDULE FOR USE OF PUBLIC
RIGHTS -OF -WAY BY PRIVATE
COMMUNICATIONS SYSTEMS -- PROVIDE
FOR PRORATION OF FEES FOR PERMITS
OBTAINED PRIOR TO OR AFTER
OCTOBER 1ST -- AMEND CODE
SECTIONS 54-27, 54-149 AND 54-
150.
7. FIRST READING ORDINANCE: REPEAL
ORDINANCE 9959, THEREBY RELEASING
ALL LIMITATIONS OF AUTHORIZED
INVESTMENT OF CITY FUNDS OR FUNDS
OF ANY RETIREMENT PROGRAM
CONTROLLED BY THE CITY AGAINST
THE REPUBLIC OF SOUTH AFRICA.
8. (A) RESCIND RESOLUTION 85-88,
THEREBY RELEASING MIAMI
MOTORSPORTS, INC. FROM THE
REQUEST OF THE CITY COMMISSION TO
PROHIBIT A CONTESTANT FROM, OR A
VEHICLE SPONSORED BY, AN ENTITY
FROM THE REPUBLIC OF SOUTH AFRICA
FROM COMPETING IN THE MIAMI GRAND
PRIX.
(B) RESCIND RESOLUTION 87-147,
THEREBY TERMINATING THE POLICY IN
WHICH PROCUREMENT NEEDS OF THE
CITY FOR GOODS / EQUIPMENT /
SUPPLIES NOT BE MET USING ANY
COMPANIES / SUPPLIERS WHO: (1)
PURSUED A POLICY OF MAKING
PAYMENTS FOR THE PROTECTION AND
SECURITY OF THEIR HOLDINGS /
PROPERTIES IN SOUTH AFRICA TO THE
GOVERNMENT OF THAT COUNTRY; OR
(2) DID BUSINESS WITH THE
GOVERNMENT OF SOUTH AFRICA.
FIRST READING
ORDINANCE
12/16/93
FIRST READING
ORDINANCE
12/16/93
R 93-763
R 93-764
12/16/93
11-12
12-13
13-15
9. FIRST READING ORDINANCE: AMEND
FIRST READING
CODE SECTION 2-13 ( ORDER OF
ORDINANCE
BUSINESS AND RULES OF PROCEDURE) ,
12/16/93
THEREBY ADDING A SECOND PARAGRAPH
TO SUBSECTION FOUR STATING THAT
FAILURE TO PROVIDE A COPY OF EACH
RESOLUTION OR ORDINANCE WITHIN
THE REQUIRED FIVE DAYS BEFORE A
CITY COMMISSION MEETING WILL
RESULT IN SAID INSTRUMENT ONLY
BEING HEARD IF THE COMMISSION
DEEMS SAID INSTRUMENT TO BE OF AN
EMERGENCY NATURE -- FURTHER
DELETING SUBSECTION EIGHT.
10. ACCEPT DONATION OF LABOR /
R 93-765
MATERIALS FROM THE INTERNATIONAL
12/16/93
BROTHERHOOD OF ELECTRICAL WORKERS
TO BE PROVIDED FOR THE
IMPROVEMENT OF THE PATIO AREA AT
CITY HALL.
11. (A) ESTABLISH COMMITTEE TO BE
R 93-766
KNOWN AS THE CITY' S BOARDS AND
R 93-766.1
COMMITTEES REVIEW COMMITTEE TO
12/16/93
REVIEW PERFORMANCE /
EFFECTIVENESS OF ALL PRESENTLY
EXISTING BOARDS / COMMITTEES --
ESTABLISH FUNCTIONS / DUTIES /
NUMBER OF MEMBERS / TERMS /
APPOINTMENT METHOD -- AUTHORIZE
COMMITTEE TO ESTABLISH ITS OWN
RULES OF PROCEDURE.
(B) APPOINT INDIVIDUALS TO THE
NEWLY -FORMED BOARDS AND
COMMITTEES REVIEW COMMITTEE.
(Appointed were: Albert A.
Maloof, Dr. Castell Bryant,
Manuel A. Diaz, Rueben Oliva,
Esq., Rafael 0. Diaz, Esq., and
Christina Cuervo. Note: The
City Manager later substituted
Fire Chief Carlos Gimenez for
Christina Cuervo.)
(C) DIRECT ADMINISTRATION TO
STUDY THE ISSUE OF REMOVAL OF ANY
CITY COMMISSIONER FROM ANY CITY
BOARD / COMMITTEE NOT MANDATED BY
THE STATE OF FLORIDA -- DIRECT
ADMINISTRATION TO REPORT BACK
WITHIN 30 DAYS.
15-16
17
18-22
12.
DEFER (TO NEXT MEETING) CONSIDERATION
DISCUSSION
OF PROPOSED RESOLUTION TO AMID
12/16/93
RESOLUTION 93-731, WHICH DIRECTED THE
CITY MANAGER TO ALLOW VIRGINIA KEY
MARINA, INC. CONTINUED USE OF CITY -
OWNED LAND, FOR THE AREA GOVERNED BY
CONCESSION AGREEMENT BETWEEN THE CITY
AND MARINE STADIUM ENTERPRISES, INC.
(ON A MONTH -TO -MONTH BASIS).
13.
AUTHORIZE CITY MANAGER TO EXEC[Pr-
R 93-767
AMENDMENT TO EXISTING AGREEMENT WITH
12/16/93
ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC. -- FOR PURPOSE OF
EXTENDING SAID A(MEEMENT FROM 36 TO 60
MONTHS -- ALLOCATE $25, 000 FROM CDBG
FUND FOR DEMOLITION, FENCING AND
PAYMENT OF REAL ESTATE PROPERTY TAXES
ON PROPERTY AT 3721-35 N.W. 17 AVENUE
(RALPHEAL'S PLAZA).
14.
ALLOCATE $175,000 OF 19TH YEAR CDBG
R 93-768
PREVIOUSLY APPROPRIATED FUNDS TO: (1)
12/16/93
BETTER WAY FOUNDATION, INC., AND (2)
Y.M.C.A. OF GREATER MIAMI -- FOR
APPROVED PHYSICAL IMPROVEMENT PROJECTS.
15.
APPROVE FUNDING FOR THREE NOT -FOR-
R 93-769
PROFIT SPONSORS (SERVICE PROVIDERS) --
12/16/93
FOR ACQUISITION / REHABILITATION /
OPERATION OF RENTAL HOUSING UNITS
AFFORDABLE TO LOW INCH INDIVIDUALS,
AND FAMILIES HAVING AT LEAST ONE MEMBER
WITH HIV / AIDS OR RELATED DISEASES --
ALLOCATE FUNDS FROM HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS
(HOPWA) PROGRAM GRANT -- EXECUTE
AGREEMENTS. (See label 19)
16.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO
12/16/93
ACCEPT BIDS OF: (1) BALADO NATIONAL
TIRES, (2) FEDAN TIRE COMPANY, (3)
GOODYEAR COMMERCIAL TIRE AND SERVICE
CENTER, (4) LYNN STRICKLAND TIRE, INC.,
AND (5) GOODYEAR COMMERCIAL TIRE AND
SERVICE CENTER -- FOR FURNISHING
VEHICLE TIRES AND TUBES TO DEPT. OF
G.S.A. (See label 35)
22-26
26-28
29-34
34-36
36-39
17. APPROVE CHIEF PRCCUREMENT OFFICER'S
R 93-770
DECISION TO REJECT PROTEST OF SHORELINE
12/16/93
FOUNDATION, INC. IN CONNECTION WITH
PRO►IEGT H-1014C -- FOR REPAIRS AND
RESTORATION OF PILINGS AT THE
MIAMARINA.
18. (A) APPROVE PURCHASE OF A-17 MAINFRAME
R 93-771
PERIPHERAL HARDWARE / SOFTWARE,
12/16/93
ASSOCIATED SUPPORT EQUIPMENT, AND
ONGOING MAINTENANCE FROM UNISYS
CORPORATION (UNDER EXISTING STATE OF
FLORIDA CONTRACT NOS. 250-050-93-1 AND
250-040-92-1) TO REPLACE EXISTING
OUTDATED EQUIPMENT -- ALLOCATE
$896,000.
(B) CITY COMMISSION APPROVES ABOVE
PURCHASE, SUBJECT TO THE CITY
DEPARTMENT SITTING DOWN WITH VICE MAYOR
DAWKINS, EXPLAINING TO HIM THE ISSUE,
AND OBTAINING HIS CONCURRENCE,
OTHERWISE IT WOULD HAVE TO COME BACK
FOR REVIEW.
19. (Continued discussion) DIRECT
M 93-772
CITY ATTORNEY TO INCLUDE AN
12/16/93
AMENDATORY REVERTER CLAUSE AS
PART OF PREVIOUSLY PASSED
RESOLUTION 93-769 (APPROVING
FUNDING FOR THREE NOT -FOR -PROFIT
SPONSORS [SERVICE PROVIDERS] --
FOR ACQUISITION / REHABILITATION
/ OPERATION OF RENTAL HOUSING
UNITS AFFORDABLE TO LOW INCOME
INDIVIDUALS, AND FAMILIES HAVING
AT LEAST ONE FAMILY MEMBER WITH
HIV / AIDS OR RELATED DISEASES --
ALLOCATE FUNDS FROM HOUSING
OPPORTUNITIES FOR PERSONS WITH
AIDS [HOPWA] PROGRAM GRANT) -- TO
PROVIDE THAT WHEN SAID FAMILY
MEMBER WITH THE HIV VIRUS NO
LONGER FORMS PART OF THAT FAMILY
UNIT, SAID HOUSING UNIT SHALL
REVERT BACK TO THE CITY SO THAT
IT MAY BE REASSIGNED OR USED FOR
AN ALTERNATE LOW INCOME
RECIPIENT. (See label 15)
39-40
40-43
43-46
20. AUTHORIZE CONTINUED FUNDING OF THE R 93-773
CAREER CRIMINAL PROGRAM -- ALLOCATE 12/16/93
$40,600 FROM LAW ENFORCEMENT TRUST FUND
(LETF).
21. AUTHORIZE FUNDING OF A LATIN QUARTER R 93-774
CULTURAL CENTER ANTI -SUBSTANCE ABUSE 12/16/93
PLAY -- ALLOCATE $50,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF).
22. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO 12/16/93
AUTHORIZE FUNDING OF THE 1995 TRAINING
CONFERENCE OF THE INTERNATIONAL
ASSOCIATION OF CHIEFS OF POLICE,
ALLOCATING $156,000 FROM LAW
ENFORCEMENT TRUST FUND (LETF). (See
label 58)
23. AUTHORIZE FUNDING OF AN INNER CITY R 93-775
YOUTH SPORTS PROGRAM -- ALLOCATE 12/16/93
$50,600 FRCM LAW ENFORCEMENT TRUST FUND
(LETF)
24. AUTHORIZE FUNDING OF THE LIBERTY CITY R 93-776
OPTIMIST CLUB FOOTBALL, CHEERLEADING, 12/16/93
AND TENNIS COMPONENT -- ALLOCATE
$58,000 FROM LAW ENFORCEMENT TRUST FUND
(LETF).
25. AUTHORIZE AMENDMENT OF RESOLUTION 86- R 93-777
665, RELATING TO ALLOCATION OF 12/16/93
ADDITIONAL FUNDS FROM LAW ENFORCEMENT
TRUST FUND (LETF) FOR CONTINUATION OF
THE FORFEITURE FUND DETAIL -- ALLOCATE
ADDITIONAL $400,000 FROM LETF TO
CONTINUE ACTIVITIES OF SAID FORFEITURE
FUND DETAIL.
26. DISCUSSION CONCERNING COCONUT GROVE R 93-778
PLAYHOUSE -- AUTHORIZE FUNDING OF A 12/16/93
PRODUCTION OF AN ANTI -SUBSTANCE ABUSE
AND ANTI -CRIME RELATED PLAY -- ALLOCATE
$100,000 FROM LAW ENFORCEMENT TRUST
FUND (LETF).
47-48
48-49
49-50
50
51-52
52-53
53-55
27. BRIEFLY DISCUSS AND TEMPORARILY TABLE DISCUSSION
CONSIDERATION OF PROPOSED RESOLUTION TO 12/16/93
AUTHORIZE CITY MANAGER TO ENGAGE THE
SERVICES OF FESTIVAL FLOATS, INC., FOR
CONSTRUCTION OF AN ANTI -DRUG AND CRIME
PREVENTION PARADE FLOAT FOR THE
UPCOMING HOLIDAY SEASON, ALLOCATING
FUNDS FROM LAW ENFORCEMENT TRUST FUND
(LETF). (See label 59)
28. EXECUTE HIGHWAY LANDSCAPE MAINTENANCE R 93-779
AGREEMENT WITH FLORIDA DEPARDM OF 12/16/93
TRANSPORTATION (DOT) -- FOR MAINTENANCE
OF LANDSCAPED MEDIAN STRIPS IN RIGHTS -
OF -WAY OF BRICKEL,L AVENUE FROM S.E. 8
STREET TO S.E. 25 ROAD.
29. APPOINT INDIVIDUAL AS MEMBER OF CITY OF
R 93-780
MIAMI GENERAL EMPLOYEES' AND SANITATION
12/16/93
EMPLOYEES' RETIREMENT TRUST.
(Appointed was: T. Willard Fair)
30. APPOINT / REAPPOINT / CONFIRM
R 93-781
INDIVIDUALS TO THE CITYWIDE
12/16/93
COMMUNITY DEVELOPMENT ADVISORY
BOARD. [Confirmed were: Mariano
Cruz (Allapattah), Frankie Rolle
(Coconut Grove), Henry Lowenstein
(Downtown), Ron Condon
(Edison/Little River), Fernando
Gonzalez (Little Havana), Percy
Brown (Model City), Ron Malone
(Overtown), and William Ramos
(Wynwood). Appointed/reappointed
were: Josie Poitier, Irby
McKnight, Marta Rodriguez,
William Chavez, Jr., Dorothy
Quintana, Xavier Cortada and
Sandra Francis. Pending still
are three appointments.]
31. ACCEPT FINDINGS / RECOMMENDATIONS
R 93-782
OF FEASIBILITY STUDY FOR
12/16/93
MIAMARINA AT BAYSIDE PREPARED BY
KENNETH LEVENTHAL AND COMPANY --
AUTHORIZE IMPLEMENTATION OF THE
REDEVELOPMENT PLAN CONTINGENT
UPON IDENTIFICATION /
AVAILABILITY OF NECESSARY
FUNDING.
56
57-60
60-62
62-63
64-89
32. (A) CITY COMMISSION EXPRESSES
OPPOSITION TO THE CONCEPT OF
CONSTRUCTING A NEW ARENA.
(B) APPOINT NEGOTIATION TEAM TO
EXPLORE VIABLE OPTIONS FOR
RETAINING THE MIAMI HEAT IN THE
MIAMI ARENA -- DIRECT NEGOTIATION
TEAM TO REPORT BACK AS TO ALL
FINAL AGREEMENTS REACHED PRIOR TO
RATIFICATION AND APPROVAL BY THE
CITY COMMISSION -- INSTRUCT
ADMINISTRATION TO BRING THIS
ISSUE BACK FOR UPDATE BY END OF
JANUARY. (Appointed were: Mayor,
Stephen P. Clark [representing
the City Commission], and City
Manager, Cesar Odio [representing
City Administration]; a third
member to be appointed by the
Miami Sports & Exhibition
Authority, as well as a
representative from the Miami
Heat, Metro -Dade County, and the
State of Florida.)
33. BRIEFLY DISCUSS AND DEFER
CONSIDERATION OF PROPOSED
RESOLUTION TO URGE MIAMI SPORTS
AND EXHIBITION AUTHORITY AND
DECOMA ASSOCIATES, LTD. TO ENGAGE
SERVICES OF A CONSULTANT TO
CONDUCT A FEASIBILITY /
ENGINEERING STUDY TO EVALUATE
POSSIBLE RENOVATIONS TO THE MIAMI
ARENA.
34. DISCUSS AND TEMPORARILY TABLE
PROPOSED FIRST READING ORDINANCE
TO AMEND CODE CHAPTER 54 (STREETS
AND SIDEWALKS), BY AMENDING
SECTION 54-104 (NONSTANDARD
STREET WIDTHS), BY MODIFYING THE
WIDTH OF ROYAL ROAD (BETWEEN MAIN
HIGHWAY SOUTHEASTERLY TO ITS
TERMINUS AT BISCAYNE BAY). (See
label 57)
R 93-783
R 93-784
12/16/93
DISCUSSION
12/16/93
DISCUSSION
12/16/93
100
100-101
35. (Continued discussion) REJECT
ALL BIDS RECEIVED IN CONNECTION
WITH THE FURNISHING OF VEHICLE
TIRES AND TUBES -- DIRECT
ADMINISTRATION TO REBID SAID
ISSUE IN ORDER TO ENSURE THAT A
MINIMUM OF THREE BLACK BIDDERS BE
GIVEN THE OPPORTUNITY TO
PARTICIPATE IN CONNECTION WITH
THIS BID. (See label 16)
R 93-785
12/16/93
36. APPROVE MIAMI SPORTS AND R 93-786
EXHIBITION AUTHORITY'S BUDGET FOR 12/16/93
FISCAL YEAR 1993-94.
37. DISCUSSION CONCERNING COMMITTEE DISCUSSION
WHICH WAS FORMED TO STUDY EXEMPT 12/16/93
TAXATION PROPERTIES. (Note:
Three appointments have already
been made; pending still are
appointments to be made by Mayor
Stephen P. Clark and Commissioner
Gort.)
38. APPROVE FUNDING FOR ECONOMIC R 93-787
DEVELOPMENT COMMUNITY BASED 12/16/93
ORGANIZATIONS FOR REMAINDER OF
THEIR FISCAL YEAR.
39. ALLOCATE NOT TO EXCEED $50, 000 R 93-788
FOR CROWD RETAINING FENCE AT 12/16/93
BAYFRONT PARK AMPHITHEATER
(REQUIRED BY FIRE DEPARTMENT).
40. APPROVE ENTERING INTO SISTER CITY R 93-789
AGREEMENTS WITH MIRANDA, 12/16/93
VENEZUELA, AND SOUSSE, TUNISIA.
41. REFER REQUEST TO CODESIGNATE S.W. M 93-790
9 STREET (FROM S.W. 17 AVENUE TO 12/16/93
S.W. 22 AVENUE) AS "BRIGADE 2506
WAY" TO THE STREET CODESIGNATION
REVIEW COMMITTEE.
101-104
104-105
105-106
106-110
110
113-114
42. DISCUSSION REGARDING OLYMPIA BUILDING
RENOVATION -- WAIVE COMPETITIVE BIDDING
PROCEDURES -- AUTHORIZE OFF-STREET
PARKING BOARD TO: (a) ADVERTISE FOR
PROPOSALS FOR RENOVATIONS AND USE OF
OLYMPIA BUILDING TO PROVIDE HOUSING FOR
LOW AND/OR MODERATE INCCNE PEOPLE; (b)
EVALUATE/SELECT PROPOSALS RECEIVED AND
NEGOTIATE A PROPOSED CONTRACT WITH THE
MOST ACCEPTABLE PROPOSER; AND (c) BRING
NEGOTIATED CONTRACT FOR CITY COMMISSION
REVIEW AND ULTIMATE APPROVAL PRIOR TO
EXECUTION.
43. DISCUSS AND DEFER (FOR FURTHER
INFORMATION) CONSIDERATION OF
PROPOSED RESOLUTION TO ISSUE AN
RFP FOR A UDP CONSISTING OF
DEVELOPMENT OF A BOATYARD
FACILITY, MARINA, AND OPTIONAL
ANCILLARY MARINE -RELATED USES ON
4.3 ACRES OF CITY -OWNED
WATERFRONT PROPERTY AT 3501
RICKENBACKER CAUSEWAY.
44. DISCUSS AND TEMPORARILY TABLE
CONSIDERATION OF PROPOSED
RESOLUTION TO RATIFY CITY
MANAGER'S FINDING OF SOLE SOURCE,
WAIVING COMPETITIVE SEALED
BIDDING AND APPROVING ACQUISITION
OF COMMUNITY RELATIONS
PUBLICATIONS FROM CHANNING L.
BATES CO., INC. (FOR FIRE DEPT.)
(See label 52)
45. RATIFY MANAGER'S FINDING OF SOLE
SOURCE -- WAIVE COMPETITIVE
SEALED BIDDING -- APPROVE
ACQUISITION OF 467 MOTOROLA STX
RADIOS, 62 MOBILE RADIOS, AND
SUPPORTING PERIPHERAL EQUIPMENT,
FROM MOTOROLA COMMUNICATION AND
ELECTRONICS, INC. (FOR POLICE
DEPT.)
R 93-791
12/16/93
DISCUSSION
12/16/93
DISCUSSION
12/16/93
R 93-792
12/16/93
115-116
117
118
119-120
46.
PERSONAL APPEARANCE BY SANTIAGO
DISCUSSION 121-125
PELLEGRINI, ESQ. -- TO PROPOSE
12/16/93
OPENING A SHELTER FOR BATTERED
WOMEN AND CHILDREN IN THE CITY OF
MIAMI.
47.
ACCEPT CITY MANAGER'S
R 93-793 125-130
RECOMMENDATION TO ALLOW MR.
12/16/93
RICHARD E. HESSEY AND 78 OTHER
SIMILARLY AFFECTED RETIREES TO
PARTICIPATE IN THE CITY'S
INDEMNITY PLAN (PROVIDED THROUGH
THE SANITATION EMPLOYEES'
ASSOCIATION), SUBJECT TO SAID
RETIREES PAYING 100% OF THEIR
INSURANCE PREMIUM (AT NO COST TO
THE CITY). (See label 53)
48.
PERSONAL APPEARANCE BY
M 93-794 130-134
REPRESENTATIVES OF THE NORTH
12/16/93
SHORE OPTIMIST CLUB OF MIAMI
BEACH -- TO REQUEST A USE FEE
WAIVER FOR WATSON ISLAND TO HOLD
A CARNIVAL (DECEMBER 15, 1993 -
JANUARY 5, 1994) -- URGE SAID
GROUP TO ATTEMPT TO IDENTIFY
ALTERNATIVE FUNDING SOURCES OR
WAYS TO USE NECESSARY MONIES.
49.
PERSONAL APPEARANCE BY RONALD J .
R 93-795 134-137
COHEN, ESQ . ( REPRESENTING FOP) --
12/16/93
AUTHORIZE SETTLEMENTS OF
ATTORNEYS' FEES IN CONNECTION
WITH VARIOUS LAWSUITS INVOLVING
MIAMI POLICE OFFICERS, NAMELY:
(a) STATE OF FLORIDA VS. DANIEL
RICHARDS, (b) FEWQUAY VS.
FITZGERALD, (c) RASMUSSEN VS.
CITY OF MIAMI .AND J.E. MENDEZ,
(d) PEREZ VS. CITY OF MIAMI AND
J.E. MENDEZ.
50.
PERSONAL APPEARANCE: MR. MANUEL
DISCUSSION 138-140
GONZALEZ-GOENAGA CONCERNING
12/16/93
POLICE DEPARTMENT REORGANIZATION.
51.
DIRECT CITY MANAGER TO SCHEDULE A
M 93-796 140-142
PUBLIC HEARING AT THE JANUARY 13,
12/16/93
1994 CONCERNING PROPOSED RENAMING
OF A CITY PARK (AT 71 STREET AND
THE BAY) AS "BAYWOOD PARK."
52.
(Continued discussion) RATIFY CITY
R 93-797 143-144
MANAGER'S FINDING OF SOLE SOURCE --
12/16/93
WAIVE COMPETITIVE SEALED BIDS --
APPROVE ACQUISITION OF COMMUNITY
RELATIONS PUBLICATIONS FROM CHANNING L.
BATES CO., INC. (FOR POLICE DEPT.).
(See label 44)
53.
(Continued discussion) FURTHER
DISCUSSION 144-147
CO MM;M CONCERNING CITY MANAGER'S
12/16/93
RECOMMENDATION TO ALLOW MR. RICHARD E.
HESSEY AND 78 OTHER SIMILARLY AFFECTED
RETIREES TO PARTICIPATE IN THE CITY'S
INDEMNITY PLAN (PROVIDED THROUGH THE
SANITATION EMPLOYEES' ASSOCIATION),
SUBJECT TO SAID RETIREES PAYING 100% OF
THEIR INSURANCE PREMIUM! (AT NO COST TO
THE CITY). (See label 47)
54.
DISCUSS AMID TEMPORARILY TABLE REQUEST
DISCUSSION 147-154
BY THE ATLANTA OLYMPIC COMMITTEE FOR A
12/16/93
MINIMUM GUARANTEE OF REVENUE TO BE
RECEIVED CONCERNING PRELIMINARY QUARTER
FINAL SOCCER MATCHES IN CONNECTION WITH
THE 1996 OLYMPIC GAMES. (See label 67)
55.
APPROVE USE OF MARINE STADIUM FOR
R 93-798 154-156
PARKING DURING ROYAL CARIBBEAN GOLF
12/16/93
CLASSIC EVENT.
56.
APPROVE GRANT OF EASEMENT TO BELL SOUTH
R 93-799 156-158
COMMUNICATIONS, INC. (D/B/A SOUTHERN
12/16/93
BELL TELEPHONE AND TELEGRAPH
COMPANY) -- FOR CONSTRUCTION /
INSTALLATION / MAINTENANCE OF NEW FIBER
OPTICS TELEPHONE SERVICE AND
APPURTENANCES UNDER AND THROUGH CITY'S
FIRE TRAINING CENTER (3425 JEFFERSON
STREET) -- AUTHORIZE E0=ION OF
NECESSARY DOCUMENT'S.
57. (Continued discussion)
FIRST READING
ORDINANCE: AMEND
CODE
CHAPTER 54
(STREETS AND
SIDEWALKS),
BY AMENDING
SECTION 54-104
(NONSTANDARD
STREET
WIDTHS), BY
MODIFYING
THE WIDTH OF
ROYAL ROAD
(BETWEEN
MAIN HIGHWAY
SOUTHEASTERLY
TO ITS
TERMINUS AT
BISCAYNE BAY).
(See label
34)
58. (Continued discussion) AUTHORIZE
FUNDING OF THE 1995 TRAINING CONFERENCE
OF THE INTERNATIONAL ASSOCIATION OF
CHIEFS OF POLICE -- ALLOCATE $156,000
FROM LAW ENFORCEMENT TRUST FUND
(LETF) -- MONIES TO BE USED AS SEED
MONEY ONLY AND ULTIMATELY RETURNED TO
THE CITY. (See label 22)
59. (Continued discussion) ENGAGE SERVICES
OF FESTIVAL FLOATS, INC. -- FOR
CONSTRUCTION OF AN ANTI -DRUG AND CRIME
PREVENTION PARADE FLOAT FOR UPCOMING
HOLIDAY SEASON -- ALUACATE ( FOR THE
LAST TIME) $17,500 FROM LAW ENFORCEMENT
TRUST FUND (LETF) -- FUTURE FUNDING TO
COME FROM ALTERNATIVE SOURCES. (See
label 27)
60. (Continued discussion) EMERGENCY
ORDINANCE: AMEND ORDINANCE 10021,
WHICH ESTABLISHED INITIAL RESOURCES /
APPROPRIATIONS FOR THE LAW ENFORCEMENT
TRUST FUND (LETF), TO PROVIDE FOR AN
INCREASE OF $1,453,301 AS A RESULT OF
ADDITIONAL MONIES DEPOSITED IN SAID
FUND DUE TO SUCCESSFUL FORFEITURE
ACTIONS. (See label 3A)
61. AFFIRM ZONING BOARD'S DECISION TO GRANT
SPECIAL EXCEPTION (SD-7 CENTRAL
BRICKELL RAPID TRANSIT COMMERCIAL -
RESIDENTIAL DISTRICT, CONDITIONAL
ACCESSORY USES) -- TO ALLOW A DRIVE -
THROUGH FACILITY FOR A FINANCIAL
INSTITUTION, SUBJECT TO RESERVOIR
REQUIREMENTS ESTABLISHED IN THE ZONING
ORDINANCE, AT 1150 S. MMff AVENUE.
(Applicant: Banco Ganadero Miami
Agency.)
FIRST READING 158-159
ORDINANCE
12/16/93
R 93-800 159-160
12/16/93
R 93-801 161-162
12/16/93
ORDINANCE 162-164
11109
12/16/93
R 93-802 164-166
12/16/93
62. GRANT APPEAL, REVERSE ZONING
BOARD'S GRANTING OF SPECIAL
EXCEPTION FOR DISTANCE
REQUIREMENTS BETWEEN TWO NON -COP
PACKAGE LIQUOR STORES TO PERMIT A
918.9' DISTANCE SEPARATION (1,500
MINIMUM DISTANCE REQUIRED) FOR
NON -COP PACKAGE LIQUOR STORES AT
3030 S.W. 8 STREET. (Applicant:
Jorgar Corp. / Ciprox, Inc. /
Elias. Appellant: Manuel
Rosado.)
63. GRANT REQUEST AND APPROVE
AMENDMENT OF ZONING COVENANT
RUNNING WITH THE LAND FOR
PROPERTY OWNED BY ALENA CORAL WAY
PROPERTIES, INC. (AT
APPROXIMATELY THE S.E. CORNER OF
S.W. 27 AVENUE TO 25 AVENUE AND
FROM S.W. 22 STREET TO S.W. 22
TERRACE) -- WITH PROVISOS AND
AGREED -UPON COVENANTS.
(Applicant: A1ena Coral Way
Properties, Inc.)
64. DISCUSS AND CONTINUE (UNTIL COMPLETION
OF A TRAFFIC STUDY) PROPOSED RESOLUTION
TO PROHIBIT ACCESS TO: (a) S.W. 22
TERRACE 100 FEET EAST OF S.W. 27
AVENUE, AND (b) S.W. 25 AVENUE 100 FEET
SOUTH OF CORAL WAY (S.W. 22 STREET),
PER CODE SECTION 54.17. (Applicant:
City of Miami Public Works Dept.)
65. DISCUSS AND CONTINUE CONSIDERATION OF
PROPOSED RESOLUTION TO APPEAL ZONING
BOARD'S DECISION WHICH ATT_ EGED THAT THE
JULY 20, 1993 DECISION ALLOWED THE
PROPOSED CAR WASH (AT U.S. 1 AND S.W.
27 AVENUE) TO BE OMITI . (Applicant:
Resolution Trust Corp. / Haven Savings.
Appellant: Robert V. Fitzsimmons.)
66. (Continued discussion) EXECUTE A
FIRST AMENDMENT TO ADDENDUM
AGREEMENT WITH SANITATION
EMPLOYEES' ASSOCIATION (SEA) FOR
PERIOD OCTOBER 1, 1991 -
SEPTEMBER 30, 1994. (See label
3B)
R 93-803
12/16/93
R 93-804
12/16/93
M 93-805
12/16/93
M 93-806
12/16/93
R 93-807
12/16/93
167-174
174-214
214-215
216-217
217-220
67. (Continued discussion) APPROVE REQUEST
BY THE ATLANPA OLYMPIC COMMITTEE, WHICH
REQUIRED A GUARANTEE OF $2.7 MILLION
FROM METRO -DARE COUNTY AND THE CITY OF
MIAMI TO BACK THE POSSIBILITY OF A
SHORTFALL -- THE CITY AND METRO-DADE TO
SHARE EQUALLY UP TO AMOUNT OF REQUIRED
GUARANTEE CONCERNING PRELIMINARY
QUARTER FINAL SOCCER MATCHES IN
CONNECTION WITH THE 1996 OLYMPIC GAMES,
TO BE HELD AT THE ORANGE BOWL -- MONIES
TO BE DEPOSITED IN A TRUST FUND HELD IN
ESCROW -- AUTHORIZE LION OF
NECESSARY AGREEMENTS WITH COUNTY, WITH
PROVISOS. (See label 54)
68. REJECT PLANNING, BUILDING &
ZONING DEPARTMENT'S REZONING
STUDY OF VIZCATRAN GARDEN
PROPERTY (168-200 S.W. 32 ROAD,
3200-3202 S.W. 1 AVENUE, AND
1100-1139 S.W. 22 TERRACE), AS
WELL AS ITS RECOMMENDATION TO
DOWNZONE SAID AREA FROM R-4
MULTI -FAMILY HIGH DENSITY TO R-2
TWO-FAMILY RESIDENTIAL.
(Applicant: Planning, Building &
Zoning Dept.)
69. FIRST READING ORDINANCE: AMEND 11000
TEXT, TO AMEND HEIGHT OF R-4 MULTIPLE
FAMILY RESIDENTIAL BUILDINGS ABUTTING A
RIGHT-OF-WAY OF 100 FEET OR MORE IN
WIDTH IN MULTI -FAMILY HIGH DENSITY
RESIDENTIAL DISTRICTS. (Applicant:
Planning, Building & Zoning Dept.)
70. FIRST READING ORDINANCE:
AMEND 11000
TEXT, ARTICLE 6, SECTION
6 (SD-6, SD-
6.1 CENTRAL C 24 ERCIAL-RESIDEDTTIAL
DISTRICTS), TO ALLOW
GOVERNMENTAL,
PUBLIC UTILITY AND
PRIMARY AND
SECONDARY SCHOOL USES
AS PERMITTED
PRINCIPAL USES, AND
TO EXEMPT
GOVERNMENTAL USES FROM
CERTAIN
PEDESTRIAN PATHWAY AND
URBAN PLAZA
REQUIREMENTS. (Applicant: Planning,
Building & Zoning Dept.)
R 93-808
12/16/93
M 93-809
12/16/93
FIRST READING
ORDINANCE
12/16/93
FIRST READING
ORDINANCE
12/16/93
221-223
224-241
242
243-244
71. ESTABLISH SPECIAL CHARGES / TERMS / R 93-810 244-246
CONDITIONS FOR TEMPORARY USE OF 12/16/93
SPECIFIED AREA ON SOUTH SIDE OF WATSON
ISLAND (ON JANUARY 8 & 9, 1994) BY
V.I.P. PARKING SYSTEMS, INC. -- FOR
PUBLIC REMCTE PARKING IN COMEGTION
WITH THE MIAMI BEACH ART DECO
WEEKEND -- EXECUTE NECESSARY DOCLDE:NM .
ov-'
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FWRIDA
On the 16th day of December, 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 9:07 a.m. by Mayor Stephen P. Clark
with the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Father Francisco Lerena. Mayor Clark
then led those present in a pledge of allegiance to the flag.
NOTE FOR THE RECORD: By memo from City Manager Cesar
Odio, items CA-3, CA-8, 17 and 19 were withdrawn. The
Commission unanimously approved said items being
withdrawn.
1 December 16, 1993
---------------------- ------------------------------ --------------------------
1. PRESENTATIONS, PROCLAMATIONS AMID SPECIAL ITEMS.
------------------------------------------------------------------------------
A. Commendation: Miami High Football "Stings" -- in recognition of the
team's outstanding performance, and for being the 1993 District 15
AAAA Champions.
B. Commendations: Key Club, Interact Club, Honoria Club, Beta Club,
and Miami High School Football Team -- for services rendered to our
community.
------------------------------------------------------------------------------
2. (A) CONSENT AGENDA.
(B) DISCUSSION CONCERNING AGENDA ITEM CA-1 (COW1ITMENT OF FUNDS TO REGIS
HOUSE) AND REQUEST BY REV. FRANCISCO P. LERENA FOR AN ADDITIONAL
$30,000.
Commissioner Plummer: Mr. Mayor, I have no items to pull from the consent.
Mayor Clark: All right. Do you, Commissioner De Yurre?
Commissioner De Yurre: No, I'm fine.
Mayor Clark: Mr. Vice Mayor?
Vice Mayor Dawkins: No, I'm fine.
Mayor Clark: Mr. Gort?
Commissioner Gort: I'm fine.
Commissioner Plummer: Once you've done the terminology, Mr. Mayor, I will
move the consent agenda?
Mayor Clark: Before the vote of the following items on the consent agenda,
included in the consent agenda, is there anyone present who is an objector or
an opponent, who wishes to speak against any items on the consent agenda.
Ccami.ssioner Plummer: Hearing none, Mr. Mayor...
Mayor Clark: Well...
Commissioner Plummer: Excuse me.
( INAUDIBLE BACKGROUND C=4EN1,'S NOT ENTERED INTO THE PUBLIC RECORD)
Reverend Francisco P. Lerena: Good morning to everybody. I speak on behalf
of Regis House, and the groups we have, Wynwood. We have been authorized by
the funds of...
2 December 16, 1993
Commissioner Plummer: Item CA-1.
Reverend Lerena: ...CA-1, right. And we received $30,000. We presented
resolution for 68, we've been working in Wynwood, in that area, with the kids
in high risk, and for the whole project we would need 68. I would appeal to
the Commissioners and to the Mayor of the City that if we could find sane
other source for those $30,000. Mr. Marcalle and Mr. Ardieta, M. Marion
Kiley, we all work together and Aramis is one of the members of that youth
group... they are in Wynwood. With $30,000 we would make that program go
forward. We had one of the kids who came back from drugs and so forth. And,
in the letter we presented to the Mayor and to the Commissioners that was also
included. The appeal of that young kid who is back again to reinforce his
commitment to treatment. So, we would be very grateful if you could find from
any other sources, at least $30,000, that we could just fulfill our commitment
there, Mayor and Commissioners.
Mayor Clark: All right, Mr. Manager, would you report on your memorandum the
consent of the Commission?
Mr. Cesar Odio (City Manager): Yes, sir. You want me... a report or I...
Mayor Clark: Well, it is respectfully recommended that you include the
30,000.
Mr. Odio: Yes, sir. We...
Mayor Clark: The 60,000.
Mr. Odio: ...are recommending 30, and they come from the General Fund.
Reverend Lerena: Right.
Mr. Odio: And because of that, we cannot fund the amount out of the Law
Enforcement Trust Fund. So, the General Fund, right now in the Police
Department, is depleted.
Reverend Lerena: Yes, I know that, but, Mr. Odio, couldn't you find any other
source for that? I mean, it would be... $30,000 is sometimes peanuts for
others; it's big money for us.
Mr. Odio: Father, you know, it is not the 30,000 for you, it is 30,000 here
and there and it adds up.
Reverend Lerena: I know.
Mayor Clark: Well, let's then... Please.
Reverend Lerena: Yes.
Mayor Clark: 30,000 today. We will do our very 'nest. The Manager will
examine this and see if he can came up with more of the funds. But, the
30,000 is what is on the agenda today, Father.
3 December 16, 1993
Reverend Lerena: Good.
Mayor Clark: Let us do our best. Let us try to work it out, if we can.
Reverend Lerena: Good.
Mayor Clark: No promises, but at least we are working on I this very
vigorously. All right, Father?
Reverend Lerena: Yes, thank you very much, Mr. Mayor.
Vice Mayor Dawkins: Mr. Mayor, may I ask one question please?
Mayor Clark: Yes.
Vice Mayor Dawkins: With the $30,000, how much do you have to reduce your
services by not having 68? What would this mean you would have?
Reverend Lerena: I would ask Ms. Marion.
Ms. Marion Crawford Kiley: Currently our outreach program coordinator for
both East Little Havana and Wynwood, has been reduced to half time.
Vice Mayor Dawkins: Half time.
Ms. Kiley: $30,000 will only cover a portion, his half time salary plus a
Portion of our treatment services for City residents.
Vice Mayor Dawkins: Thank you.
Ms. Kiley: I will have to either go begging somewhere in the Community to
keep it open...
Vice Mayor Dawkins: No, ma'am, I only asked you...
Ms. Kiley: OK. I'll have to cut a program.
Vice Mayor Dawkins: ...how much services would be reduced? That's all I
asked you. Thank you.
Ms. Kiley: Yeah.
Vice Mayor Dawkins: Thank you, Mr. Mayor.
Mayor Clark: Thank you, Mr. Dawkins.
Reverend Lerena: Thank you to all of you.
Mayor Clark: We'll do our best in the new year. Motion on this item.
Vice Mayor Dawkins: Second J.L.'s motion.
Commissioner Plummer: This is a motion for the 30,000?
4 December 16, 1993
FA:' Al
fl T�
Vice Mayor Dawkins: No, this is a motion for the consent agenda.
Ms. Matty Hirai (City Clerk): For the consent agenda.
Commissioner Plummer: Oh, yeah, OK.
Vice Mayor Dawkins: That's the motion you made, right?
Ms. Hirai: Yes, sir.
Commissioner Plummer: I'm willing to make, yes.
Vice Mayor Dawkins: I second it.
Mayor Clark: Are there any persons interested in any items in the consent
agenda that have not been heard? Motion is in order, Mr...
Commissioner Plummer: So moved.
Vice Mayor Dawkins: Second.
Mayor Clark: By Mr. Dawkins, so moved. Called the roll, Madam City Clerk.
THEREUPON NOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY VICE MAYOR DAWKINS, THE CONSENT AGENDA
ITEMS WERE PASSED BY THE FOLLOWING VOTE:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
2.1 AUTHORIZE COMMITMENT OF $30,000 TO REGIS HOUSE.
RESOLUTION NO. 93-756
A RESOLUTION AUTHORIZING THE COMMITMENT OF FUNDS TO
REGIS HOUSE, AND ALLOCATING FUNDS THEREFOR, IN AN
AMO= NOT TO EXCEED $30,000, FROM THE POLICE
DEPAMMOr GENERAL OPERATING BUDGET, INDEX CODE
290301-930.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
5 December 16, 1993
2.2 GRANT REQUEST FOR WAIVER OF USE FEES AT ORANGE BOWL STADIUM RELATED TO
1994 PIG BOWL GAME (JANUARY 29, 1994).
RESOLUTION NO. 93-757
A RESOLUTION RELATED TO THE "1994 PIG BOWL GAME" TO BE
HELD AT THE ORANGE BOWL STADIUM ON JANUARY 29, 1994;
WAIVING ALL WAIVAHLE USER FEES FOR THE USE OF SAID
FACILITIES CONDITIONED UPON THE ORGANIZERS PAYING ALL
OTHER COSTS OF CITY SERVICES AND APPLICABLE FEES
ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.3 AUTHORIZE REPLACEMENT OF CITY OF MIAMI SPECIAL OBLIGATION BONDS (SERIES
1985, DUE JULY 1, 1998) TO SUBSTITUTE FOR LOST BONDS / COUPONS.
RESOLUTION NO. 93-758
A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN
CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION BONDS,
SERIES 1985, DUE JULY 1, 1998, IN THE PRINCIPAL AMOUNT
OF FIVE THOUSAND DOLLARS ($5,000.00) DATED JULY 1,
1985, TO SUBSTITUTE LOST BONDS AND COUPONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.4 AUTHORIZE REPLACEMENT OF CITY OF MIAMI SPECIAL OBLIGATION BONDS (SERIES
1985, DUE JULY 1, 2008) TO SUBSTITUTE FOR LAST BONDS / COUPONS.
RESOLUTION NO. 93-759
A RESOLUTION AUTHORIZING THE REPLACEMENT OF CERTAIN
CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION BONDS,
SERIES 1985, DUE JULY 1, 2008, IN THE PRINCIPAL AMOUNT
OF TEN THOUSAND DOLLARS ($10,000.00) DATED JULY 1,
1985, TO SUBSTITUTE LOST BODED AND COUPONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
6 December 16, 1993
2.5 AUTHORIZE NEGOTIATION AND EXECUTION OF PROFESSIONAL SERVICES AGREEMENT
WITH KEITH AMID SCH1ARS, P.A., IN AN AMOUNT NOT TO EXCEED $10,000 -- FOR
TRAFFIC ENGINEERING CONSULTING SERVICES ASSOCIATED WITH THE TRAFFIC
CONTROL PLAN IN THE SHORECREST NEIGHBORHOOD.
RESOLUTION NO. 93-760
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE FIRM KEITH AND SCHNARS, P.A., IN AN
AMOUNT NOT TO EXCEED $10,000 FOR TRAFFIC ENGINEERING
CONSULTING SERVICES ASSOCIATED WITH THE TRAFFIC
CONTROL PLAN IN THE SHORECREST NEIGHBORHOOD;
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$10,000, FROM TRANSPORTATION AND PLANNING COORDINATION
FUNDS, PROJECT NO. 150002, ACCOUNT CODE NO. 560703-
270.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
2.6 AUTHORIZE EXECUTION OF CONTRACT M AGREEMENT WITH DOWNIUM MIAMI
PARTNERSHIP (FORMERLY DOWNTOWN MIAMI BUSINESS ASSOCIATION) -- TO
IMPUMU A COMMERCIAL FACADE TREATMENT PROGRAM, IN AN AMOUNT NOT TO
EXCEED $16,000.
RESOLUTION NO. 93-761
A RESOLUTION, WITH ATTACfjMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACTUAL AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH DOWNTOWN MIAMI
PARTNERSHIP (FORMERLY DOWNTOWN MIAMI BUSINESS
ASSOCIATION), FOR THE PURPOSE OF IMPLEE1NTING A
COMMERCIAL FACADE TREATMENT PROGRAM AS HEREIN
SPECIFIED; ALLOCATING FUNDS THEREFOR, IN AN A )UNT NOT
TO EXCEED $16,000.00 FROM COMMUNITY DEVELOPMENT BLOm
GRANT COMMERCIAL FACADE REVITALIZATION PROGRAM FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
7 December 16, 1993
2.7 EXECUTE AGREEMENT WITH WASHING= & CHRISTIAN -- FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES CONCERNING FEDERAL LEGISLATION AND
ADMINISTRATIVE ACTIVITIES WHICH IMPACT UPON THE CITY OF MIAMI --
ALLOCATE $44,000, PLUS $5,000 FOR REASONABLE EXPENSES.
RESOLUTION NO. 93-762
A RESOLUTION, WITH ATTAaMM(S), AU13-IORIZING THE CITY
MANAGER TO EXECUTE AN AG2EEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH WASHIMION & CHRISTIAN FOR
PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES
CONCERNING FEDERAL LEGISLATION AMID ADMINISTRATIVE
ACTIVITIES WHICH IMPACT UPON THE CITY OF MIAMI;
ALLOCATING R94DS THEREFOR, IN AN AMLM NOT TO EXCEED
$44,000, FOR SAID SERVICES, AMID AN AMOUNT NOT TO
EXCEED $5,000 FOR REASONABLE REIMBURSABLE EXPENSES,
FROM THE LEGISLATIVE LIAISON GENERAL FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
NOTE FOR TITS RECORD: on a motion duly made by
Commissioner Plummer and seconded by Coctmi.ssioner De
Yurre, the minutes of Commission meetings of October
21, November 10 and 23, 1993, were approved by the
Commission.
------------------------------------------------------------------------------
3. (A) TEMPORARILY TABLE ALMA ITEM 2 (PROPOSED EMERGENCY ORDINANCE TO
AMEND 10021, WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR
THE LAW ENFORCMZNT TRUST FUND [LETF], TO PROVIDE FOR AN INCREASE OF
$1,453,301.)
(B) TEMPORARILY TABLE AGENDA ITEM 22 (PROPOSED RESOLUTION TO EXECUTE A
FIRST AMENDMENT TO ADDENDUM AGREEMENT WITH THE SANITATION EMPIIDYEES'
ASSOCIATION [SEA] FOR THE PERIOD OCTOBER 1, 1991 - SEPTEMBER 30, 1994.)
TO BE HEARD AFTER 5:00 P.M. ON THIS DATE.
Mayor Clark: The consent agenda is moved. Item 2.
Commissioner Plummer: Mr. Mayor, I ask that that be deferred to the
afternoon.. I've asked for more information in reference to some of the items
which they are trying to get for me, and I would ask that it be carried over
to the afternoon, sir.
Vice Mayor Dawkins: Second.
Mayor Clark: No objections?
8 December 16, 1993
Commissioner Gort: Is that all the items related to this?
Commissioner Plummer: In item 2, yes, Mr. Gort. There is items there that
I've asked for the budgets, and where the money is going to be spent. It's
about 17 items, I think it is, that are in total on that agenda. And, I just
received... I don't know, did you receive yet the breakdown of where all of
the moneys are going? That's why I've asked for it to be deferred for more
information. Here it is. Did you get that?
Vice Mayor Dawkins: Mr. Mayor, while we are deferring, I have calls from guys
at the Sanitation Department, and they have asked that item 22 be heard after
5:00 o'clock if it is permissible, please?
Mayor Clark: If we are here at five.
Vice Mayor Dawkins: No, we have to come back at 4:30.
Mayor Clark: OK. But, when we get to that item, Mr. Dawkins, please, then
inform us.
Vice Mayor Dawkins: All right, thank you, Mr. Mayor.
------------------------------------------------------------------------------
4. SECOND READING ORDINANCE: AMEND CODE SECTION 38-73(c)(1) CONCERNING
BAYFRONT PARK MANAGII= TRUST, BY MODIFYING QUORUM REQUIREMENT FOR
TRUST MEETINGS.
------------------------------------------------------------------------------
Mayor Clark: Item 3.
Commissioner Plummer: Mr. Mayor, that's the item that I bring to the table
from the Bayfront Park in relation to getting a quorum quicker, I so move.
Vice Mayor Dawkins: Second.
Mayor Clark: Any discussion? Call the roll.
A. Quinn Jones III, Esq. (City Attorney): No, read the ordinance.
Mayor Clark: Moved by Mr. Plummer, seconded by Mr. Dawkins, call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 38-73(c)(1) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS MIRWED, CONCERNING
THE BAYFRONT PARK MANAGEMENT TRUST, BY MODIFYING THE
QUORUM REQUIREMENT` FOR TRUST MEETINGS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
9 December 16, 1993
q
Passed on its first reading by title at the meeting of November 23,
1993, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Vice Mayor 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 Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11107.
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.
------------------------------------------------------------------------------
5. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: EMERGENCY
SHELTER GRANT (FY'93) -- APPROPRIATE $194,000 FROM U.S. DEPARTMENT OF
HOUSING AND URBAN DEVEiAPMENT (HUD) 1993 EMERGENCY SHELTER GRANT FOR
1 OPERATION OF SAME.
Mayor Clark: Next item, the second reading, Emergency Shelter Grant.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: Any input? All right, call the roll, Madam City Clerk.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "EMERGENCY SHELTER GRANT (FY'93)", AMID
APPROPRIATING FUNDS FOR OPERATION OF SAME IN THE
AMOUNT OF $194 , 000 FROM THE U.S. DEPARTMENT OF HOUSING
AND URBAN DEVEiAPN M (USHUD) 1993 EMERGENCY SHELTER
GRANT'; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
10 December 16, 1993
Passed on its first reading by title at the meeting of November 23,
1993, was taken up for its second and final reading by title and adoption. On
motion of Vice Mayor Dawkins, seconded by Commissioner Plummer, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 11108.
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.
------------------------------------------------------------------------------
6. FIRST READING ORDINANCE: AN M CODE CHAPTER 54 (STREETS AND
SIDEWALKS) -- CHANGE STREET EXCAVATION PERMIT FEE, ESTABLISH FEE
SCHEDULE FOR USE OF PUBLIC RIGHT'S -OF -WAY BY PRIVATE CC MMCATIONS
SYSTEMS -- PROVIDE FOR PRORATION OF FEES FOR PERMITS OBTAINED PRIOR TO
OR AFTER OCTOBER 1ST -- AMEND CODE SECTIONS 54-27, 54-149 AND 54-150.
------------------------------------------------------------------------------
Mayor Clark: Next item.
Commissioner Plummer: Move it. Item 5, move it.
Mayor Clark: Is there a second? All right. Read the ordinance. First
reading. It has been moved and seconded. Call the roll.
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS", THEREBY CHANGING THE STREET EXCAVATION
PERMIT FEE, ESTABLISHING A FEE SOMM E FOR THE USE OF
THE PUBLIC RIGHTS -OF -WAY BY PRIVATE COMMUNICATIONS
SYSTEMS AMID FURTHER, PROVIDING FOR THE PRORATION OF
FEES FOR PERMITS OBTAINED PRIOR TO OR AFTER OCTOBER
1ST; MORE PARTICULARLY, BY AMENDING SECTIONS 54-27,
54-149 AND 54-150 OF THE CITY CODE; CONTAINING A
REPEATER PROVISION, A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
11 December 16, 1993
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
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.
------------------------------------------------------------------------------
7. FIRST READING ORDINANCE: REPEAL ORDINANCE 9959, THEREBY RELEASING ALL
LIMITATIONS OF AUTHORIZED INVES'TNEiU OF CITY FUNDS OR FUNDS OF ANY
RETIRIIMENT PROGRAM CONTROLLED BY THE CITY AGAINST THE REPUBLIC OF SOUTH
AFRICA.
------------------------------------------------------------------------------
i Mayor Clark: Next item, first reading.
Commissioner Plummer: Item 6, I move it.
Mayor Clark: Is there a second? Read the ordinance. Any discussion? Call
the roll, Madam Clerk.
AN ORDINANCE REPEALING ORDINANCE NO. 9959, AS AMENDED,
ADOPTED FEBRUARY 14, 1985, IN ITS ENTIRETY, THEREBY
RELEASING ALL LIMITATIONS OF AUTHORIZED INVESTW TT OF
CITY FUNDS OR FUNDS OF ANY RETIREMENT PROGRAM
CONTROLLED BY THE CITY AGAINST THE REPUBLIC OF SOUTH
AFRICA; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
12 December 16, 1993
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
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.
------------------------------------------------------------------------------
8.(A) RESCIND RESOLUTION 85-88, THEREBY RELEASING MIAMI MOTORSPORTS, INC. FROM
THE REQUEST OF THE CITY COMMISSION TO PROHIBIT A CONTESTANT FROM, OR A
VEHICLE SPONSORED BY, AN ENTITY FROM THE REPUBLIC OF SOUTH AFRICA FROM
COMPETING IN THE MIAMI GRAM PRIX.
(B) RESCIND RESOLUTION 87-147, THEREBY TERMINATING THE POLICY IN WHICH
PROCURMW NEEDS OF THE CITY FOR GOODS / EQUIPME U / SUPPLIES NOT BE
MET USING ANY CCMPANIES / SUPPLIERS WHO: (1) PURSUED A POLICY OF MAKING
PAYNENTS FOR THE PROTECTION AND SECURITY OF THEIR HOLDINGS / PROPERTIES
IN SOUTH AFRICA TO THE GOVERNMENT OF THAT COUNTRY; OR (2) DID BUSINESS
WITH THE GOVERNMENT OF SOUTH AFRICA.
Commissioner Plummer: I'll move 7 and 8 together, they are companions.
Commissioner Gort: Second.
Mayor Clark: Must we read them?
Commissioner Plummer: They are resolutions, no.
Mayor Clark: They're all tied into six, right?
Vice Mayor Dawkins: Yes, sir.
Mayor Clark: Moved and seconded by Mr. Dawkins.
Vice Mayor Dawkins: Gort.
Mayor Clark: Call the roll, Madam Clerk.
13 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-763
A RESOLUTION RESCINDING RESOLUTTION NO. 85-88, AS
AHMED, ADOPTED FEBRUARY 14, 1985, IN ITS ENTIRETY,
THEREBY RELEASING MIAMI MOTORSPORTS, INC. FROM THE
REQUEST OF THE CITY COMMISSION TO PROHIBIT A
CONTESTANT FROM OR A VEHICLE SPONSORED BY AN ENTITY
FROM THE REPUBLIC OF SOUTH AFRICA FROM COMPETING IN
THE MIAMI GRAND PRIX.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
A. Quinn Jones III, Esq. (City Attorney): Mr. Mayor, there should be a
separate vote on each item, on both 7 and eight.
Mayor Clark: Second roll call.
The following resolution was introduced by Commissioner Plummer, who ,
moved its adoption:
RESOLUTION NO. 93-764
A RESOLUTION RESCINDING RESOLUTION NO. 87-147, ADOPTED
FEBRUARY 12, 1987, IN ITS ENTIRETY, THEREBY
TERMINATING THE POLICY IN WHICH THE PROCUREMENT NEEDS
OF THE CITY OF MIAMI FOR GOODS, EQUIPMENT AMID SUPPLIES
NOT BE MET USING ANY COMPANIES OR SUPPLIERS WHO
THROUGH THEMSELVES OR THROUGH WHOLLY -OWNED
SUBSIDIARIES EITHER (1) PURSUED A POLICY OF MAKING
PAYMENTS DIRECTLY OR INDIRECTLY FOR THE PR<7TEUTION AND
SECURITY OF THEIR HOLDINGS AND PROPERTIES IN THE
NATION OF SOUTH AFRICA TO THE GOVERNMENT OF THAT
COUNTRY; OR, (2) DID BUSINESS WITH THE GOVERNMENT OF
SOUTH AFRICA.
14 December 16, 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
9. FIRST READING ORDINANCE: AMEND CODE SECTION 2-13 (ORDER OF BUSINESS AND
RULES OF PROCEDURE), THEREBY ADDING A SECOND PARAGRAPH TO SUBSECTION
FOUR STATING THAT FAILURE TO PROVIDE A COPY OF EACH RESOU)TION OR
ORDINANCE WITHIN THE REQUIRED FIVE DAYS BEFORE A CITY COMMUSSION MEETING
WILL ONLY BE HEARD IF THE COMMISSION DEEMS SAID RESOLUTION / ORDINANCE
To BE OF AN EMERGENCY NATURE -- FUR=R DELETE SUBSECTION EIGHT.
Commissioner Plummer: Mr. Manager on item 9, how does that differ fram what
we presently do today?
Mr. Cesar Odio (City Manager): Well, I think it was clarified. The Five Day
Rule, it's being clarified.
Commissioner Plummer: How does it change? Does it change it in any way?
A. Quinn Jones III, Esq. (City Attorney): Yes, but let me just say what it
does is, I guess, the effect of it is basically to essentially eliminate what
you deem as pocket items. And, unless the item is deemed an emergency, and
there is a unanimous approval of the ccnmission to deem it an emergency and
hear it, it won't be heard. It won't be...
Commissioner Plummer: It would be carried over to the next agenda?
Mr. Jones: Yes.
Commissioner Plummer: So, in other words, it has to be a unanimous vote?
Mr. Jones: Yes.
Commissioner Plummer: OK.
Vice Mayor Dawkins: So moved.
15 December 16, 1993
,) r:
Commissioner Plummer: And no problem.
Mr. Jones: The more important thing is that it has to be deemed an emergency.
Vice Mayor Dawkins: Well, then what you are saying that the Commission has to
deem that it is an emergency. Five of them.
Commissioner Gort: That's fine.
Vice Mayor Dawkins: I move it.
Commissioner Gort: I second.
Mayor Clark: Call the roll.
Commissioner Plummer: That's an ordinance.
Mayor Clark: I thought he had read it into the record. Call the roll, Madam
Clerk.
AN ORDINANCE AMENDING SECTION 2-13 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ORDER OF
BUSINESS AND RULES OF PROCEDURE", THEREBY ADDING A
SECOND PARAGRAPH TO SUBSECTION FOUR STATING THAT
FAILURE TO PROVIDE A COPY OF EACH RESOLITTION OR
ORDINANCE WITHIN THE REQUIRED FIVE (5) DAYS BEFORE A
CITY COMMISSION MEETING WILL RESULT IN THE RESOD 3TION
I OR ORDINANCE BEING HEARD BY THE CITY COMMISSION ONLY
I IF THE CITY COMMISSION DEEMS SUCH RESOLUTION OR
ORDINANCE TO BE OF AN EMERGENCY NATURE; FURTHER,
DELETING SUBSECTION EIGHT OF SAID CITY CODE SECTION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner Gort
and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer,, Jr.
Vice Mayor Miller J. Dawkins
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.
16 December 16, 1993
----------------------------------------------•- -------------------------------
10. ACCEPT DONATION OF LABOR / MATERIALS FROM THE INTERNATIONAL, BROTHER1100D
OF ELECTRICAL WORKERS TO BE PROVIDED FOR IMPROVEMEN P OF PATIO AREA AT
CITY HALL.
Vice Mayor Dawkins: Move 10.
Commissioner Plummer: Second.
Mayor Clark: Any discussion? Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 93-765
A RESOLUTION ACCEPTING THE DONATION OF
LABOR AND
MATERIALS FROM THE INTERNATIONAL BROTHERHOOD
OF
ELECTRICAL WORKERS TO BE PROVIDED FOR THE
IMPROVEMENT
OF THE PATIO AREA AT CITY HALL.
(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: Comnissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
17 December 16, 1993
-_..----------------------------------------------------------------------------
11. (A)ESTABLISH COMMITTEE TO BE KNOW AS THE CITY'S BOARDS AND CC1MMITI'EES TO
REVIEW PERFORMANCE / EFFECTIVENESS OF ALL PRESENTLY EXISITING BOARDS /
COMMITTEES -- ESTABLISH FUNCTIONS / DUTIES / NUMBER OF MEMBERS / TERMS /
APPOINT METHOD -- AUTHORIZE COMMITTEE TO ESTABLISH ITS OWN RULES OF
PROCEDURE.
(B) APPOINT INDIVIDUALS TO THE NEWLY -FORMED BOARDS AND COMMITTEES REVIEW
COMMITTEE. (Appointed were: Albert A. Maloof, Dr. Castell Bryant,
Manuel A. Diaz. Ruben Oliva, Esq., Rafael 0. Diaz, Esq., and Christina
Cuervo. Note: The City Manager later substituted Fire Chief Carlos
Gimenez for Christina Cuervo.)
(C) DIRECT ADMINISTRATION M STUDY THE ISSUE OF REMOVAL OF ANY CITY
CL4USSIONER FROM ANY CITY BOARD / COMMITTEE NOT MANDATED BY THE STATE
OF FLORIDA -- DIRECT ADMINISTRATION TO REPORT BACK WITHIN 30 DAYS.
Mayor Clark: Item 11.
Commissioner Plummer: A little discussion, I'll move it, Mr. Mayor, but I
think we need a little discussion on that.
Mayor Clark: Any second?
Vice Mayor Dawkins: Second it for discussion.
Mayor Clark: Mr. Plummer.
Commissioner Plummer: Mr. Mayor, is this to just sunset all of the members of
boards, or is it to sunset all of the members of boards and hopefully to
reconstruct, and to what extent? I don't think there is certain boards, at
this particular time, that we would be sunseting, at least I don't think so.
For example...
Mayor Clark: Some you cannot.
Commissioner Plummer: OK, and that's what I... It is not delineated here
which boards are to be included in this resolution and which boards are not.
Just for your edification, and Mr. Gort's, prior to both of you coming on the
Commission there was a move by this Commission to in fact say that
appointments to boards would be concurrent with the terms of the Commissioner
who appointed them.
Mayor Clark: Right.
Camtissioner Plummer: And that was never actually finalized. I would hope
that that would be the case here in this resolution. Again, I need to know
what committees are spelled out that this would apply to, and what committees
they don't apply to. For example, I sit on two committees, my committee at
Bayfront Park today is 21 members. It is unwieldy, it is too many people.
And I have in the volunteer of that board, members who want to -start a new
board called the Friends of Bayfront Park, and start to try to raise money
from the private sector, and reduce the number of the board. And this was
18 December 16, 1993
volunteer. The same with the DDA (Downtown Development Authority), Marty
Fine, the other day, says that 29 members of a board is ridiculous. So, what
extent is this resolution hope to encompass is what I need to know, and what
boards are involved, and which are not.
Mayor Clark: Mr. Attorney, can...
A. Quinn Jones III, Esq. (City Attorney): Yes, Mr. Mayor, Commissioner
Plummer, what this resolution will attempt to do is to authorize this
committee to look at and evaluate all of the City boards, committees,
authorities, of course with an eye toward achieving or attempting to achieve a
feasible- which you have had many discussion over in the past -relative to
terms of Commission appointees being concurrent with the term of the
Commissioner appointing. So, it will be... It won't be limitted to a
particular group of City boards, it will apply to... this committee will look
at all City boards and committees. As I have indicated to you in the past, it
is problematic in the sense that many of the... It is problematic in the
sense that many of these boards and committees, either the Charter or the Code
set forth specific criteria for membership and terms of office. So as I
understand it, and the way this was drafted, was to encompass an overall look
at all the boards. Also, one of the things that the board- even though this
resolution doesn't deal with it- will look at the sunset aspect as it may
pertain to board and committee.
Mayor Clark: And then it calls for the appointment of the committee to
review... The committee review part of this resolution.
Mr. Jones: I'm sorry, Mr. Mayor, I didn't hear you.
Mayor Clark: It provides for the appointment of the Committee Review
Committee.
Mr. Jones: That's correct.
Commissioner Plummer: So in other words, in your estimation, this Committee
will be able to come back and recommend restructuring of a board?
Mayor Clark: Yes, sir.
Commissioner Gort: That's my understanding.
Mayor Clark: Absolutely.
Commissioner Plummer: Yeah, OK, well that's...
Mayor Clark: And if you have any person you would like to put on this
Committee? To pass this resolution first, and then we'll answer your query.
Commissioner Plummer: Move it, Mr. Mayor.
Commissioner Gort: Second.
Vice Mayor Dawkins: Under discussion.
19 December 16, 1993
Commissioner Plummer: Yes, sir.
Vice Mayor Dawkins: I would like to include the removal of all Commissioners
fran boards that's not mandated by the Charter or by the State of Florida.
That is naming the main one that I am on, the Off -Street... I mean the Sports
Authority. It's just almost impossible to sit there with a board, and they
don not feel intimidated by a Commissioner who is sitting there. And, I would
like to... International Trade Board, a whole lot of them that if the Charter
does not mandate, I'd like to see the Commissioners removed. So, let's study
that also.
Mayor Clark: Yes, sir, that will be in the Committee's hand. You have an
appointment today, Mr. De Yurre?
Commissioner De Yurre: Yes, I do, Manny Diaz.
Mayor Clark: All right, Mr. Dawkins, you have a person?
Vice Mayor Dawkins: Dr. Castell Bryant, Miami Dade Co m mity College.
Mayor Clark: Mr. Plummer.
Commissioner Plummer: I'll have to bring mine this afternoon, Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: Ruben Oliva, attorney.
Mayor Clark: I'll have the name of Al Maloof. Did we pick up Mr...
Mr. Jones: Commissioner, could you repeat that, I didn't get the name.
Commissioner Plummer: Al Maloof.
Mayor Clark: Al Maloof. Did we vote on the motion?
Ms. Matty Hirai (City Clerk): Yes, sir, there has been a motion made, if
YOU...
Mayor Clark: Motion is made and seconded. Call the roll.
Mr. Jones: Excuse me, before you vote, Commissioner, I have one appointee,
and I am going to appoint Rafael Diaz, Deputy City Attorney.
Mayor Clark: All right. Mr. Manager, do you have an appointment?
Mr. Jones: Yes, he does.
Mr. Cesar Odio (City Manager): Yes, I do. I'll appoint Cristina Cuervo.
Mayor Clark: Bail Bond lawyer, right? Good Bond lawyer. All right, vote on
the motion, Madam.
Ms. Hirai: We can call the roll now, Mr. Mayor...
20 December 16, 1993
Mayor Clark: All right, call the roll.
Ms. Hirai: ...if it is convenient.
The following resolutions were introduced by Commissioner Plummer, who
moved their adoption:
RESOLUTION NO. 93-766
A RESOLUTION CONCERNING THE PERFORMANCE AND
EFFECTIVENESS OF ALL PRESENTLY EXISTING CITY BOARDS
AMID COMMITTEES; ESTABLISHING A COMMITTEE M BE KNOWN
AS THE CITY BOARD'S AMID COMMITTEES REVIEW COMMITTEE,
ESTABLISHING THE FUNCTIONS, DUTIES AMID MEMBERSHIP
INMUDING NUMBER, TERM AND APPOINTMENT METHOD OF THE
MEMBERS OF SAID COMMITTEE TO ESTABLISH ITS OWN RULES
OF PROCEDURE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
RESOLUTION NO. 93-766.1
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS M THE
CITY'S BOARDS AND COMMITTEES REVIEW COMMITTEE FOR
TERMS AS DESIGNATED HEREIN.
(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 resolutions were passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Connmissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Vice Mayor Dawkins: When should they report back to us, Mr. Mayor?
Mayor Clark: They should report back within a month, 30 days.
Vice Mayor Dawkins: Thirty.
Mayor Clark: First meeting in February.
Commissioner Plummer: That's fine.
21 December 16, 1993
Mayor Clark: Eleven and 12 are items concerning the City of Miami, the Miami
Heat, the Sports Authority, I'd like to have those deferred for a little bit.
I received a letter this morning, I think you all received the letter from the
Miami Heat, it didn't say a lot, but we have to study that a little bit, and
came back with... Pass over those two for the time, may I defer those for a
short while and come back?
Commissioner Plummer: That's 12 and 13, right?
Mayor Clark: Twelve and 13, yes.
Commissioner Plummer: Yeah, fine. Come back this afternoon.
Mayor Clark: Well, we might have it before that time.
Commissioner Plummer: All right, sir.
NOTE FOR THE RECORD: At this point, agenda items 12
and 13 were tabled.
------------------------------------------------------------------------------
12. DEFER (TO NEXT MEETING) CONSIDERATION OF PROPOSED RESOLUTION TO AMEND
RESOLUTION 93-731, WHICH DIRECTED THE CITY MANAGER TO AI1.0W VIRGINIA KEY
MARINA, INC. CONTINUED USE OF CITY-MED IANID, FOR THE AREA GOVERNED BY
CONCESSION AGREEMENT BETWEEN THE CITY AND MARINE STADIUM ENTERPRISES,
INC. (ON A MONTH -TO -MONTH BASIS).
Mayor Clark: Item 14.
Commissioner Plummer: Move it. This is on a month to month basis, right?
Vice Mayor Dawkins: Whoa -whoa, whoa, whoa nowt
Commissioner Plummer: This is month -to -month.
Vice Mayor Dawkins: No, sir. I withdrew this because I did not have time to
study it, and I if it not withdrawn, I move that it will be withdrawn because
the first thing I said that... OK, I just withdraw it, I don't want to
discuss it. Withdraw it, and give me time to study it and meet with the
Mayor. Mr. Mayor, I respectfully ask that this be withdrawn until the next
meeting.
Commissioner Plummer: This item 14?
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: It's moved to defer.
22 December 16, 1993
Vice Mayor Dawkins: Thank you.
Commissioner Plummer: Second.
Mayor Clark: Any objection?
Commissioner Plummer: I do happen to have a question answered though.
Vice Mayor Dawkins: Go right ahead, sir.
Commissioner Plummer: The present tenant, if not... this is not approved,
does the present tenant have to move out immediately?
Mayor Clark: No, sir.
Commissioner Gort: No.
Commissioner Plummer: So, I don't know because that's what this intended to
do.
Vice Mayor Dawkins: No, but I think, J.L., that the present tenant, if we get
more than 14 percent, we agreed on more than 14 percent, that it should be
retroactive to the date that the present tenant's lease expired.
Commissioner Plummer: Excuse me, Mr. Manager, was this not to put it on a
month to month basis?
Mr. Cesar Odio (City Manager): It is, Commissioner. I was told to bring it
back with a better rate return to the City.
Commissioner Plummer: OK. I'm not arguing because... with my colleague, he
wants to defer, as you know, my long standing, I will back any colleague who
wants more information. But, in the point I'm trying to make is that this is
not an award for any length of time, it's just to keep the present tenant
legality in there.
Mr. Odio: As a matter of fact, you have today the approval of the RFP
(Request for proposal)...
Commissioner Plummer: OK, that's fine with me.
Mayor Clark: Also... Mr. Gort, you are recognized.
Commissioner Gort: Mr. Mayor, my question is, would this in any way hold the
procedure for the RFP? Would this delay the RFP?
Vice Mayor Dawkins: Yes, it will because I, again, I asked that the Manager
bring the RFP back so that I could review it and look at it and have some
input, and I have not had that. You know, I am glad to see the two new
members here, because I've been doing this ever since I've been here,
Commissioner Gort, and I never ever have been able to have the Manager
understand that we aren't going to pass anything unless every member of this
Commission is fully aware of what you are doing.
23 December 16, 1993
Mayor Clark: Thank you, sir.
Vice Mayor Dawkins: So...
Mayor Clark: In addition, Mr. Manager, if you did not include the restaurant,
the restaurant operation over there in part of the contract.
Commissioner Plummer: It's a sublease.
Mr. Odio: No, it's a sublease, sir.
Mayor Clark: Well, the 14... up to 14 percent at least.
Mr. Odio: The... We negotiated the 14 percent on the boatyard, and the
restaurant was kept at ten point...
Mayor Clark: It doesn't say the restaurant.
Mr. Odio: Yes.
Mayor Clark: It doesn't say the restaurant.
Vice Mayor Dawkins: It said 13 percent, Mr. Mayor, for the restaurant. The
remaining... "The gross received be paid by the City for the restaurant
j remain at the existing 10.3."
Mr. Odio: Ten point three.
Commissioner Gort: Ten point three.
Mayor Clark: No, I don't agree with that.
Mr. Odio: OK.
Vice Mayor Dawkins: OK, so we were to deferred it until the...
Mayor Clark: It is going to be deferred.
Vice Mayor Dawkins: Thank you.
Mayor Clark: All in favor of the motion signify by saying "AYE," opposed, by
signifying, so ordered.
Commissioner De Yurre: Mr. Mayor, if I may ask a quick question? Mr. Jones,
under our lease rights, do we have at this point in time, a right to get,
since they are there in a month to month basis, that we can get additional
moneys at this point in time?
Commissioner Plummer: Well, that's what we said...
Commissioner De Yurre: Even without negotiating this new aspect of it?
Mr. Jones: Well, no, because keep in mind there is no lease in effect.
Essentially, they are holdover tenants.
24 December 16, 1993
Commissioner De Yurre: But, part of our negotiations, like Commissioner
Dawkins is mentioning, is that this could be retroactive to the expiration of
the actual lease, whatever we were negotiating.
Commissioner Plummer: The expiration, we are already come and gone.
Mr. Jones: You don't have a lease, that's the point.
Commissioner De Yurre: So, it expired, right?
Mr. Jones: Yes.
Commissioner De Yurre: So, from that day forward, we can go back and say we
are renegotiating or creating a new situation that it can be retroactive to
the date of expiration so that we can pick up the additional moneys.
Mr. Jones: Well, I'm sure the retroactivity on that basis.
Commissioner De Yurre: Well, sure we can. We can negotiate anything we want.
Mr. Jones: Well, you can attempt.
Commissioner De Yurre: Well.
Mr. Jones: They don't have to agree to it. But, certainly we can attempt to
negotiate.
Mayor Clark: OK, all right, now, let's be calm. Let's be calm, let's be
calm.
Mr. Jones: You can negotiate it.
Commissioner De Yurre: Well, OK, just for the record. That's fine.
Mayor Clark: All right, thank you.
Commissioner Plummer: The only question I have, Mr. City Attorney, that at
the request of my colleague to defer this, which I'm in favor of, it does
leave the present tenant there until a decision is made by this Commission.
Because without a lease, I don't think he is legally there. That's the
question I had. If he's...
Mayor Clark: Well, he is a holdover tenant, J.L., I think that's the reason.
Commissioner Plummer: OK. OK.
Mr. Jones: Again...
Commissioner Plummer: Mr. Mayor, you know what my concern is? His lease runs
out, something happens and a liability suit is filed, he is saying I'm not the
tenant...
Vice Mayor Dawkins: Well, let him move. He is either responsible, or he
moves.
25 December 16, 1993
Mayor Clark: Please, please, Mr. Attorney.
Vice Mayor Dawkins: I'm sorry, Mr. Mayor.
Mayor Clark: Give us some guidance.
Mr. Jones: First of all, I keep reminding you, I have to remind you there is
no lease, they are month -to -month, tenants... holdover tenants. You passed a
resolution at the meeting of November wherein you gave them until March 31st.
They could stay on the premises until March 31st and until such time that
would allow the City to send out an RFP to rectify this whole situation. So in
any event, they have until... you've given them permission to stay there until
March 31st.
Commissioner Plummer: No, sir.
Mr. Jones: Yes, you have. Yes, you did.
Commissioner Plummer: Only if they negotiated...
Mayor Clark: That's true, J.L., in our last vote, in the last meeting.
Anything further discussion on this? It's been deferred. Mr. Manager, you
will get the information back to Vice Mayor Dawkins that he requested.
------------------------------------------------------------------------------
13 . AUTHORIZE CITY MANAGER TO EXECUTE AM DUE N'T TO EXISTING AGREEMERr WITH
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. -- FOR PURPOSE OF
EXTENDING SAID AGREEMENT FROM 36 TO 60 MONTHS -- ALLOCATE $25,000 FROM
CDBG FUND FOR DEMOLITION, FENCING AND PAYMENT OF REAL ESTATE PROPERTY
TAXES ON PROPERTY AT 3721-35 N.W. 17 AVENUE (RALPHEAL'S PLAZA).
Mayor Clark: Item 15.
Commissioner Plummer: Manager recommend.
Vice Mayor Dawkins: Second.
Commissioner Plummer: OK.
Mayor Clark: Please, now. By law can you fund someone to pay property taxes?
It may have been done in the past, but by law can you do this?
A. Quinn Jones III, Esq. (City Attorney): Yes, we've done it. It's legal,
it's no problem, we've done it in the past.
Mayor Clark: What is the reason for the extension in time, Mr. Manager, from
36 to 60 months?
Mr. Frank
Castaneda: That they
have been unable
to... My name
is Frank
Castaneda,
Director for Ccummunity
Development. The
organization,
Allapattah
26 December 16, 1993
Business Development Authority, has been unable to redevelop the property.
The shopping center is in bad repair, and it is vacant at this time. We are
giving them additional time to see if they can develop the property. If they
are unable to redevelop the property, it will come back to the City. We are
recommending the demolition of the structure to avoid a public hazard and the
fencing of the property, also again to avoid a public hazard, and the paying
of taxes so we don't have any liens on a property that might became ours in
the future.
Mayor Clark: There is a reverter clause in this?
Mr. Castaneda: Yes, yes, it does.
Mayor Clark: Who is liable if this building starts to collapse and kill
somebody?
Mr. Castaneda: Well, ABDA (Allapattah Business Development Authority) would
be, and we want to eliminate the liability by demolishing the property.
Mayor Clark: But, you are still carrying them on; you want to give them some
time to see what they can do with this.
Mr. Castaneda: No, no, no. We are providing the funding for them to demolish
the property right now. And, what we are asking them is to give them one
additional period of time to redevelop the property to something else. But,
we would like the property to be demolished and fenced right now.
Mayor Clark: This resolution will provide for that?
Mr. Castaneda: Yes, it would, Commissioner.
Vice Mayor Dawkins: Well, why you didn't say... I'm sorry, Mr. Mayor. Why
you didn't say that. This says, "Fencing and payment of real estate property
taxes." That's all the resolution says. Now you are telling me...
Mr. Castaneda: To cover demolition.
Vice Mayor Dawkins: ...that this is money to demolish the building. You are
not being fair with me, Mr. Castaneda.
Mr. Castaneda: I'm sorry, Commissioners, it said, "Further providing funds in
the amount not to exceed $25,000 to cover demolition, fencing and real estate
taxes expenses.
Vice Mayor Dawkins: OK, that's in the back up, that's not on front page.
Read what you have in the front page 15.
Mr. Castaneda: For demolition...
Vice Mayor Dawkins: OK, no problem, go ahead, it's not...
Mr. Castaneda: I'm sorry.
27 December 16, 1993
Vice Mayor Dawkins: I did not read... I'm reading from the front of the
agenda what the public reads. I'm... OK, demolition and fencing, OK. OK. I
stand corrected.
Mayor Clark: Motion and a second. Motion by Mr. Dawkins....
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Mayor Clark: Seconded by Mr. Gort. All in favor of the motion signify by
saying "AYE". Do you have to call the roll?
Ms. Hirai: I'm afraid so, Mr. Mayor.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 93-767
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN NOOMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO AN EXISTING AG MEW BETWEEN THE CITY OF
MIAMI AND ALIAPATT'AH BUSINESS DEVELOPMENT AUTHORITY,
INC. (ABDA) FOR THE PURPOSE OF EXTETIDING SAID
AvRF.EME T FROM THIRTY-SIX (36) MONTHS 'PO SIXTY (60)
MONTHS; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO
EXCEED $25,000, FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT FUND FOR DEMOLITION, FENCING AND PAYMENT OF REAL
ESTATE PROPERTY TAXES ON THE PROPERTY LOCATED AT 3721-
35 N.W. 17TH AVENUE, MIAMI, FLORIDA, REFERRED TO AS
RALPHEAL' S PLAZA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
ROES: None.
ABSENT: None.
28 December 16, 1993
----------------------------------------------------------.--------------------
14. ALLOCATE $175,000 OF 19TH YEAR CDBG PREVIOUSLY APPROPRIATED FUNDS T0:
(1) BETTER WAY FOUNDATION, INC., AND (2) Y.M.C.A. OF GREATER MIAMI --
FOR APPROVED PHYSICAL IMPROVEMENT PROJECTS.
----------------------------------------------------------------
Mayor Clark: Item 17.
Vice Mayor Dawkins: Move it.
Mayor Clark: Sixteen rather, I'm sorry.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: I'm still waiting for an explanation, Mr. Manager.
Mayor Clark: All right.
Commissioner Plummer: On 16.
Mr. Cesar Odio (City Manager): On Better Way?
Commissioner Plummer: On Better Way... We made...
Mr. Carlos Smith (Assistant City Manager): A memo, Commissioner...
Commissioner Plummer: ...a definite...
Mr. Smith: A memorandum should have comma out of the office...
Mayor Clark: Please, one at a time. Yes.
Mr. Smith: A memorandum should have gone out of the Manager's office to
Commmissioner Gort who raised the question at the last meeting with copies to
all the Commissioners and the Mayor.
Commissioner Plummer: Well, since I obviously did not see it, tell me what it
said. Just tell me on the record what it said. Because my recollection is...
is when this City bent over backwards to help Better Way, and really went to
an extreme, they made a commitment to this City that they would never be in
asking for taxpayers dollars. And now, my concern here happens to be very
simple, this is a great program, but if you give this program $175,000, or
whatever they are asking for, you cannot say no to other programs. And I
think it is unfair when they came in here and said they would not ask for tax
dollars.
Mayor Clark: That's on record, I was watching that program.
Commissioner Plummer: That's on record. And now they are turning around...
Ms. Beth Lang: Mr. Mayor, may I speak?
29 December 16, 1993
Commissioner Plummer: ...and they are asking for tax dollars, and worse than
that the Administration is recommending it. I don't understand. When you.
You know, when I give my word, you can take that to the bank. Now, they gave
their word that they would not cane back and ask for tax dollars. You know, I
know times change, and situations change.
Mr. Smith: Commissioner, the memorandum frm the Manager explains basically
that they have requested funds for physical improvements to the facility.
When they originally moved they were required to bring the building up to
code...
Commissioner Plummer: We discussed that in full, and they told us no problem.
As a matter of fact, if you' 11 recall, there was a portion of it that there
was no moneys available, public or private, of that place that could be fixed
up to be used. And they understood that and they said that was fine. Now,
you know, it puts us in an embarrassing position, as far as I am concerned, to
say no to a good organization when you've got to say, if you say it to one,
you've got to say it to all. And this City doesn't have the money.
Mayor Clark: All right, let's hear from this lady. Yes, ma'am, your name.
Ms. Lang: Good morning, my name is Beth Lang. I'm executive director of
Better Way. Good morning.
Commissioner Plummer: Good morning.
Ms. Lang: In the lease, Mr. Plummer, which clearly states that we were not to
ask and did not ask for any money for the initial renovation, which was
extensive, which brought it up to code. However, it did not say anything
about requesting Community Development money or any other kind of assistance
in order to keep the building in proper shape. When we first renovated it,
all we id was to bring it up to code. There are some very major things that
need to be done which were not able to be done because of lack of funds as
that time. But, there are things that are crucial to the maintenance of that
building.
Commissioner Plummer: But that was to be assumed by you. You were going to
go out, and you were going to raise the money in the private sector. That's
all I'm saying. Now, you know...
Ms. Lang: What we agreed to...
Commissioner Plummer: ...you knew the day that you got the lease that you had
major problems in that building. So much so that one section of that building
even you agreed could not be used.
Ms. Lang: What we agreed to, Mr. Plummer, and the lease was that we would
definitely bring it up to code, and, you know, occupy it. We would also
acquire the HUD (Department of Housing and Urban Development) funding for the
shelter plus care for that other wing which you are talking about, which we
have. What we are requesting now has nothing to do with the initial
renovation. And, you know, I guess... this is the City's building, it is a
beautiful building and we are very very grateful that we have it. But, we
have no place else to turn for money in order to make it livable and to
continue to maintain it as it should be maintained.
30 December 16, 1993
Commissioner Plummer: Did you hear Father here this morning from the Regis
House?
Ms. Lang: No, I didn't.
Cammi.ssioner Plummer: Well, he needed 60,000, he got 30,000. This City does
not have as deep a pocket as some people would like to believe. I'm sorry, we
just... In my estimation, we can't afford it. One of the major problems that
I have in this City, Mr. Manager, and I continue to have, we've got 40
different programs eating up money in administration, and the dollars aren't
going to the people. That's no reflection back here. But, you know, we've
got houses everywhere, we've got administrations everywhere. I can't vote for
it, my colleagues can do as they see fit. But, a commitment is a commitment.
Mayor Clark: All right, what's the pleasure of the Commission?
Commissioner Gort: Mr. Mayor, I would like to ask a question. Supposedly
with the new system that we try to establish through the NET (Neighborhood
Enhancement Team), we'd like to see this going through the neighborhoods and
the approval, and the neighborhoods are going to be part, and the residents of
the area can be part of the decision making. What participation did the
community have to make a decision on this?
Mr. Castaneda: Well...
Commissioner Gort: In the allocation of these funds?
Mr. Castaneda: The allocation to those funds went through the meetings that
we had in the Allapattah target area, and then they also went to the Citywide
Advisory Board, which made recommendations to the Commission last March.
Commissioner Gort: Was this recommended? You are telling me that the
residents in Allapattah recommended this?
Mr. Castaneda: Yes. Yes.
Ms. Lang: Yes.
Mr. Castaneda: It went through the Allapattah target area, and then it went
to the City Advisory Board which made recommendations to the City Commission
back in April.
Commissioner Gort: OK, thank you. 'Thank you, Mr. Mayor.
Mayor Clark: Any further discussion?
Commissioner De Yurre: Yes, Mr. Mayor.
Mayor Clark: Mr. De Yurre.
Commissioner De Yurre: Now, this 75,000 will this complete the improvements
that need to made, and that will be the end of that?
31 December 16, 1993
\2
I
Ms. Lang: Yes, sir.
Commissioner De Yurre: OK. Who is supervising this work from the City?
Ms. Lang: From the City would be Mr. Castaneda's Community Development, Dan
Fernandez and...
Mr. Castaneda: Through... I'm sorry...
Ms. Lang: Can't think of...
Mr. Castaneda: Through Community Development we would have the responsibility
to make sure that the work...
Ms. Lang: Right.
Mr. Castaneda: ...is done through the Building Department as well as to check
that the construction laborers are paid Davis -Bacon wages according to the
Federal Law.
Commissioner De Yurre: OK, are you satisfied with the 75,000 we are talking
about here, the work that we are discussing will be completed and that will be
the end of that?
Mr. Castaneda: Yes. Yes...
Commissioner Plummer: Is that through normal bidding procedures of the City?
i'
Mr. Castaneda: They would have to go through a bidding procedure and they
would have to get also...
Commissioner Plummer: Normal City bidding procedure?
Mr. Castaneda: Yes, the distinction that I...
Commissioner Plummer: They are bound by that?
Mr. Castaneda: The distinction that I am making, Commissioner, is that they
would do the procedure rather than through the Public Works Department unless
you want me to do it some other way.
Mayor Clark: No, Mr. Plummer wants them to go through the same procedures all
of them...
1 Commissioner Plummer: Everybody else should be the same.
Ms. Lang: Of course.
Mayor Clark: Further discussion?
Commissioner De Yurre: No.
Mayor Clark: Input?
32 December 16, 1993
dyu.14
Vice Mayor Dawkins: I have to agree with J.L. Plummer. I can't vote for this
after having turned the Regis House down. So I'll be voting against the
motion.
Mayor Clark: All right, is there a motion?
Commissioner De Yurre: I would move to approve these items.
Mayor Clark: Moved.
Commissioner Gort: In, seconding the motion, Mr. Mayor, I'll like to explain
that I second the motion because I think that one of the things we pranised is
participation from the Community. That's one of the things I would like to
see.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 93-768
A RESOLUTION, WITH ATrACMUNM, ALIWATING $175,000 OF
NINETPEENTH YEAR COMMUNITY DEVEIDPMENT BLOCK GRANT
FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11062,
ADOPTED APRIL 16, 1993, TO BETTER WAY FOUNDATION, INC.
AND Y.M.C.A. OF GREATER MIAMI FOR APPROVED PHYSICAL
IMPROVEME r PROJECTS; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREMAWTS, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH SAID AGENCIES FOR SAID PROJECTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Mayor Stephen P. Clark
NOES: Commissioner J.L. Plummer
Vice Mayor Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Don't let my negative vote be any indicator that I
don't think that Better Way is doing a good job. They are. But, I think that
this City has just limitations in what it can do and what it can't, and this
is one that it can't. So, I have to vote negative.
33 December 16, 1993
-------------------------------------------------
NOTE FOR THE RECORD: At this point, agenda
item 17 was withdrawn.
-------------------------------------------------
------------------------------------------------------------------------------
15. APPROVE FUNDING FOR THREE NOT -FOR -PROFIT SPONSORS (SERVICE PROVIDERS) --
FOR ACQUISITION / REHABILITATION / OPERATION OF RENTAL HOUSING UNITS
AFFORMBLE. TO LOW INCOME INDIVIDUALS, AND FAMILIES HAVING AT LEAST ONE
MMABER WITH HIV / AIDS OR RELATED DISEASES -- ALW ATE FUNDS FROM
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM GRANT --
EXEC[TIE AGREEMENTS. ( See label 19 )
------------------------------------------------------------------------------
Mayor Clark: Item 18.
Mr. Herb Bailey (Assistant City Manager): Item 18 is to ask this Commission
to give the Manager the authority to negotiate the agreement with the three
selected agencies that are providing affordable housing for patients with HIV
virus and other diseases that are...
Commissioner Plummer: Tell me, Herb, if you will, is this a rental kind of an
agreement?
Mr. Bailey: What, the accommodations?
Commissioner Plummer: Yeah.
Mr. Bailey: Yes.
Commissioner Plummer: If you have a member of your family with Aids and you
assist them with these dollars, are these dollars used to rent you a place?
Mr. Bailey: No, it doesn't go... It goes to the agency who is building or
providing affordable units to rent to people with HIV virus.
Commissioner Plummer: What happens if... and let me just put it very bluntly,
if that person passes away, do the people move out of the house?
Mr. Bailey: It's a rental.
Commissioner Plummer: It's a rental.
Mr. Bailey: Yes.
Commissioner Plummer: So, they only would stay there as long as the effected
party is involved?
Mr. Bailey: And they would pay the rent, yes.
Commissioner Plummer: And what?
34 December 16, 1993
Mr. Bailey: And able to pay the rent.
Commissioner Plummer: And where are these units? If I noticed in your memo,
two of these are out of the City, and one in the City.
Mr. Bailey: All three of them are out of the City in Dade County.
Com dssioner Plummer: I thought the one on 80, was it 81st Street? Seventy -
First Street? That's right above Northwestern High School.
Mr. Bailey: It's one block out.
Cammi.ssioner Plummer: It's one block out. OK.
Mr. Bailey: All three of them are in Dade County.
Commissioner Plummer: OK.
Mayor Clark: All right. Further discussion?
Commissioner Plummer: No, I'll move it, Mr. Mayor.
Mayor Clark: Moved. Who seconds?
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-769
A RESOLUTION, WITH ATTACHMMS, APPROVING THE FUMING
FOR THREE (3) NM -FOR -PROFIT SPONSORS ("SERVICE
PROVIDERS"), AS HEREIN SPECIFIED, FOR THE ACQUISITION,
REHABILITATIONS, AMID/OR OPERATION OF RENTAL HOUSING
UNITS AFFORDABLE TO LOW INCH INDIVIDUALS, AND
FAMILIES HAVING AT LEAST ONE (1) FAMILY MENIDER WITH
HIV/AIDS OR RELATED DISEASES; ALI=TING FUNDS
THEREFOR FROM THE HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS ("HOPWA") PROGRAM GRANT; AUTHORIZING THE
CITY MANAGER TO EXECUTE INDIVIDUAL AGREEMENTS, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY WITH SAID SERVICE
PROVIDERS FOR THE PROVISION OF HOUSING UNITS
AFFORDABLE TO INDIVIDUALS AND/OR FAMILY MEMBER WITH
HIV/AIDS OR RELATED DISEASES; FURTHER AUTHORIZING THE
CITY MANAGER TO UTILIZE ANY REMAINING FUNDING FRONT THE
1993 FISCAL YEAR HOPWA PROGRAM FOR CONSTRI3CTIONI
CONTINGENCIES OR ADDITIONAL OPERATING EXPENSES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
35 December 16, 1993
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
NOES: Mayor Stephen P. Clark
ABSENT: None.
NOTE FOR THE RECORD: At this point, agenda item 19
was withdrawn.
-------------------------------------------------------------------------------
16. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
ACCEPT BIDS OF: (1) BALADO NATIONAL TIRES, (2) FEDAN TIRE CC1MPANY, (3)
GOODYEAR COMMERCIAL TIRE AND SERVICE CENTER, (4) LYNN STRIC LAND TIRE,
INC., AND (5) GOODYEAR COMMERCIAL TIRE AND SERVICE CENIER -- FOR
FURNISHING VEHICLE TIRES AND TUBES TO DEPT. OF G.S.A. (See label 35)
Commissioner Plummer: We are up to 20.
Mayor Clark: Item 20.
Commissioner Plummer: Mr. Manager, can I try to cut through this? This
gentleman came to see me this morning, and we understand about using State
contracts. Usually it's very beneficial for the City...
Mr. Ron Williams (Assistant City Manager): Yes, sir.
Cammissioner Plummer: ...to piggy -tail. His contention is very simple that
his bid, in seven or eight or nine items, that under the preferential
treatment to local bidders, that he meets that ten percent criteria. And as
such, should have been awarded the bid. And, Mr. Williams, I don't think
there is any question in this Commission's estimation that if he did meet that
ten percent criteria, that I will vote to give him the bids. Now, if he
didn't make it, c'est la vie. Did he make, or did he not?
Mr. Williams: Our analysis indicates that his bid would be more costly even
considering the ten percent.
Vice Mayor Dawkins: No, wait now, did he make the bid? Did he make the ten
percent? See, never mind about more costly, did he make the ten percent cut,
Mr. Williams, yes or no?
Mr. Williams: The answer is no, Vice Mayor.
36 December 16, 1993
Vice Mayor Dawkins: All right, now explain it to him.
Commissioner Plummer: Now we will go dawn to brass tacks.
Mayor Clark: Now, he said he didn't make... You wanted to challenge that
position?
Mr. Humberto Olivera: Yeah, I would like to challenge that.
Mayor Clark: Give us your name and address.
Mr. Olivera: My name is Humberto Olivera, 1633 N.W. 27th Avenue, I represent
here Balado National Tires. What Mr. Williams is saying is in the total bid.
But, you don't bid the total for the City, you bid by item. And, I have seven
items where I, in the ten percent, I am below the State bid. I sent a letter
to him, and to the Administration...
Mayor Clark: Please calm dawn.
Mr. Olivera: Excuse me. I am new in this business.
Mayor Clark: Close to a hospital, we don't need heart attacks here.
Mr. Olivera: So, the only reason I was telling him is we are in the ten
percent in seven items. So, we agree on you, you can go wherever you want to
buy your tires, that's good for the City. But, we represent here the local
people, the local vendors. If you vote an ordinance 1187, June '93, and you
say that I have a ten percent or anyone outside of the City that is bidding
against me. In this case, the biggest corporation in the United States, and I
have seven items that are below that ten percent. In some cases, one point
five, one point four percent. I have the right to get that part of the bid.
I am not asking for anything else besides the ordinance that you,
Commissioner, passed in June 1993.
Mayor Clark: It's a fair question.
Commissioner Plummer: Mr. Williams, are they individual items, or is it only
in a bulk?
Mr. Williams: Commissioner Plummer, Mr. Balado is correct. We do bid
individual items and certainly we review individual items separately. In his
case, and I'm not really certain which seven he is talking about. We reviewed
his bid. We reviewed the other bids we've cane in - that have come in. We've
compared them against the State of Florida bid, and it is our recommendation
that in total, including Mr. Balado and others, the City would spend $32,000
additional if we went with him. Specifically to...
Commissioner Plummer: Mayor.
Mayor Clark: Please, now. Just a moment'.
Commissioner Plummer: Mr. Mayor, may I...
37 December 16, 1993
Mayor Clark: We are not going to have a long conversation about this. I
suggest that you and you, sir, sit down, and let him give you his individual
bids, see what that amounts to...
Commissioner Plummer: That's what I was going to recommend.
j Mayor Clark: ...and then we come back with the recommendation.
Commissioner Plummer: After lunch.
Mr. Williams: We certainly will do that, Mr. Mayor.
Mr. Olivera: Mr. Mayor.
Mayor Clark: Hold your fire, now.
Vice Mayor Dawkins: Mr. Mayor, I'm going to vote against this as I do each
time they bring it up here. They have never ever presented a black finn as a
bid, not let alone winning a bid. And, there is Mincey, and another tire
company out there. And, I keep saying it, and they expect me to go out and
get Mr. Mincey and bring him in it. That's not my job. OK. So, I mean,
every year, I've been here 12 years, and every year, Mr. Mayor, I tell them it
is three black tire companies in the City of Miami, and they never on the bid
sheet and no place else do they show up.
Commissioner Plummer: Well, wait a minute. I think we need to get some
answers to that one now.
Mr. Williams: Sure. May I response to it?
Commissioner Plummer: No, no, no, I want to ask the question please. Did
you, Mr. Williams, sent a request for bidders to bid to any of the three black
firms he mentioned?
Mr. Williams: The one that we know of, Mr. Mincey, we have met with Mr.
Mincey, yes.
Vice Mayor Dawkins: That's not the question. Did you send him a bid?
Commissioner Plummer: Did he have the opportunity to bid?
Mr. Williams: Mr. Mincey does not sell new tires.
Mr. Olivera: Mr. Mayor.
Mayor Clark: Please.
Commissioner Plummer: Thank you, sir. I just wanted to ask a question.
Mayor Clark: Please go out and try to settle this. Then come back with the
individual bids you say you are low on.
Vice Mayor Dawkins: I'm going to bring Mr. Mincey down here this afternoon
and ask him if he sells new tires. If he tells me that he sells new tires,
you are lying. If he doesn't, I'm lying.
38 December lb, 1993
Mr Williams: No, no.
Vice Mayor Dawkins: No, no, no, you said he...
Mr. Williams: I wouldn't be lying, Mr. Vice Mayor. We have met with Mr.
Mincey, and he has advised me and my staff that he does not sell this type of
new tires and certainly I would be willing to meet with him at any time...
Vice Mayor Dawkins: Oh, now he clarifies it, Mr. Mayor, these kinds of new
tires.
Mr. Williams: The new tires that the City uses, Mr. Vice Mayor.
Vice Mayor Dawkins: But you just said that he didn't sell any new tires.
Mr. Williams: I did not say that.
Vice Mayor Dawkins: Yes you did, sir.
Mayor Clark: Please, we'll defer this to later today.
------------------------------------------------------------------------------
17. APPROVE CHIEF PROCURE ENr OFFICER'S DECISION TO REJECT PROTEST OF
SHORELINE FOUNDATION, INC. IN CONNECTION WITH PROJECT H-1014C -- FOR
REPAIRS AND RESTORATION OF PILINGS AT THE MIAMARINA.
Mayor Clark: Item number 21.
Vice Mayor Dawkins: Twenty one, what is 21?
Mayor Clark: Twenty-one, approving the Chief procurement officer's decision
to reject the protest.
Vice Mayor Dawkins: Move it.
Mayor Clark: Is there a second? Any input? Give me a motion.
Ms. Matty Hirai (City Clerk): It's been seconded, Mr. Mayor, Ccmmissioner De
Yurre seconded it.
Mayor Clark: Call the roll.
39 December 16, 1993
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESUMION NO. 93-770
A RESOLiTrION APPROVING THE CHIEF PROCUREMENT OFFICER'S
DECISION TO REJECT THE PROTEST OF SHORELINE
FOUNDATION, INC. (SHORELINE), IN COD1NECTION WITH
PROJECT H-1014C, FOR REPAIRS AND RESTORATION OF
PILINGS AT THE MIAMI MARINA, AS IT HAS BEEN DETERMINED
TO BE WITHOUT MERIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice Mayor Dawkins: Mr. Mayor, I'm asked that 22 be heard after 5 o'clock
when the Sanitation Employee Workers said they will be here.
Mayor Clark: All right, sir. We need no action on that then, just defer it
until 5 o'clock.
------------------------------------------------------------------------------
18. (A) APPROVE PURCHASE OF A-17 MAINFRAME PERIPHERAL HARDWARE / SOFTWARE,
ASSOCIATED SUPPORT EQUIPMENT, AND ONGOING MAINTENANCE FROM UNISYS
CORPORATION (UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250-050-93-1
AND 250-040-92-1) TO REPLACE EXISTING OUTDATED EQUIPMENT -- ALLOCATE
$896,000.
(B)CITY COMMISSION APPROVES ABOVE PURCHASE, SUBJECT TO THE CITY
DEPARTMENT SITTING DOWN WITH VICE MAYOR DAWKINS, EXPLAINING TO HIM THE
ISSUE, AND OBTAINING HIS CONCURRENCE, OTHERWISE IT WOULD HAVE TO COME
BACK FOR REVIEW.
------------------------------------------------------------------------------
Mayor Clark: Number 23.
Vice Mayor Dawkins: Where is J.L. Plummer? This is his issue.
Mayor Clark: OK, yes, sir.
Vice Mayor Dawkins: J.L. Plummer.
40 December 16, 1993
Commissioner Plummer: Sir.
Vice Mayor Dawkins: They are going to spend $896,000 to buy computers.
Mayor Clark: Well, we need them, I'll tell you that.
Commissioner Plummer: It's explained to me, it is to replace computers that
are ten years old. And, even I, as young as I am, have a problem with the
state of the art of ten year old computers. So, I have no objections at this
particular point.
Mayor Clark: All right, you have a motion?
Commissioner Plummer: What item number?
Ms. Matty Hirai (City Clerk): Twenty-three.
Commissioner Gorr: Twenty-three.
Mayor Clark: Moved. Seconded it?
Commissioner Gorr: Under discussion, I'll second it.
Vice Mayor Dawkins: All right, under discussion, now.
Mayor Clark: Mr. Gort.
Commissioner Gort: Mr. Mayor, my question is, my staff are fairly new here
are having problems with the system. There is a lot of software we cannot
use. My question to the Administration is, if we purchase this, are we going
to be able to use, later on, any other manufacturer software that can be
placed or interrelated with every manufacturer...
Mr. Manohar Surana (Assist. City Manager): Yes, sir. That's right, we'll do
it, yes.
Commissioner Gort: In other words, we are not obligated to deal only with
this manufacturer?
Mr. Surana: No.
Commissioner Gort: This will be comparable to all that's in the market.
Because my experience in the past was...
Mr. Surana: On the software, everything, yes.
Commissioner Plummer: On software?
Mr. Surana: Yeah. Yeah, software.
Commissioner Plummer: Because you are into a different language.
Mayor Clark: Motion and a second.
41 December 16, 1993
Vice Mayor Dawkins: Under discussion.
Mayor Clark: Yes, sir.
Vice Mayor Dawkins: I am not going to vote for this. I mean, it's... I've
been here and you just keep putting money in computers and keep putting money
in computers, and no one has said to me that they went out on a bid and this
is the best bid. Nobody has said that, as Commissioner Gort asked, they said
it is compatible but nobody has shown... There is no way anywhere that shows
it is compatible to nothing.
Commissioner Plummer: Well...
Vice Mayor Dawkins: You know, we just keep... every time they want money in
the computer department, you all spent it.
Commissioner Plummer: May I suggest that...
Vice Mayor Dawkins: No, I'll vote no.
Commissioner Plummer: Well, listen to me.
Mayor Clark: Please, please, now, Mr. Dawkins has the floor.
Commissioner Plummer: I'll re -coach my motion. And, that is that this is
approval subject to the department sitting down with Commissioner Dawkins,
explaining it to him, if he is not in concurrence, it comes back on the next
agenda for reconsideration. I move it under those terms and conditions.
Mayor Clark: OK. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-771
A RESOLUTION APPROVING THE PURCHASE THE PURCHASE OF A-
17 MAINFRAME PERIPHERAL HARDWARE/SOFTWARE, ASSOCIATED
SUPPORT EQUIPMENT, AND ONGOING MAINTENANCE FOR SAID
EQUIPMENT FROM UNISYS CORPORATION, UNDER EXISTING
STATE OF FLORIDA CONTRACT NOS. 250-050-93-1 AND 250-
040-92-1, FOR AN AMYM NOT TO EXCEED $896,000, PLUS
ANY FINANCE CHARGES, SAID PURCHASE TO REPLACE EXISTING
OUTDATED EQUIPMENT; ALLOCATING FUNDS THEREFOR FROM THE
GENERAL BUDGET OF THE DEPARTMENT OF MANAGENEW AND
BUDGET, CCHP[TPER DIVISION; AUTHORIZING THE CITY
MANAGER TO INSTRXr THE CHIEF PROCUREMENT OFFICER TO
ISSUE THE NECESSARY PURCHASE ORDER(S) FOR SAID
PURPOSE.
42 December 16, 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
i------------------------------------------------------------------------------
19. (Continued discussion) INCLUDE REVERTER CLAUSE IN PREVIOUSLY PASSED
RESOLUTION 93-769 (APPROVING FUNDING FOR THREE NOT -FOR -PROFIT SPONSORS
[SERVICE PROVIDERS) -- FOR ACQUISITION / REHABILITATION / OPERATION OF
RENTAL HOUSING UNITS AFFORDABLE TO LOW INCOME INDIVIDUALS, AND FAMILIES
HAVING AT LEAST ONE MEMBER WITH HIV / AIDS OR RELATED DISEASES --
ALLACATE FUNDS FROM HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA]
PROGRAM GRANT). -- TO PROVIDE THAT WHEN SAID FAMILY MEMBER WITH THE HIV
VIRUS NO LONGER FORMS PART OF THAT FAMILY UNITY, SAID HOUSING UNIT SHALL
REVERT BACK TO THE CITY SO THAT IT MAY BE REASSIGNED OR USED FOR AN
ALTERNATE LOW INCOME RECIPIENT. (See label 15)
i
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, may I go back to the bid in reference to the
money for the Aids units?
Mayor Clark: What item?
Commissioner Plummer: Mr. Manager.
Mayor Clark: Eighteen?
Commissioner Plummer: Eighteen. Mr. Manager, may I ask who.. you know, I
didn't realize until I went back to it, that is six million dollars. OK. Who
is monitoring how that money is spent? Whose neck is on the line that that
money is... Who's going to give an accounting, Mr. Bailey?
Mr. Herb Bailey (Assistant City Manager): On the...
Commissioner Plummer: On the HOPWA money?
Mr. Bailey: The HOPWA money?
Commissioner Plummer: Who is going to be responsible to say what that money
is used for, and how it is used?
43 December 16, 1993
Mr. Bailey: It is only...
Commissioner Plummer: Who is doing the monitoring?
Mr. Bailey: It is... The Housing Department, it is only to be used for
building affordable rental units for people with HIV viruses. It goes to the
three agencies, similar to other community development contracts, and to other
housing contracts.
Commissioner Plummer: OK. Now...
Mayor Clark: Excuse me, J.L., is this on 25th Street, right?
Mr. Bailey: No.
Commissioner Plummer: No.
Mr. Bailey: These three projects will be in the County. Two of the agencies
are located on the County, and one is located in the City. But, these are
rental units...
Ccmnissioner Plummer: Wait, wait, you just told me a minute ago all three
were out of the City.
Vice Mayor Dawkins: They are.
Mr. Bailey: The projects are out of the City. CCSA (Christmas Community
Service Agency) is in the City of Miami, but they are building units outside
of the City.
Commissioner Plummer: OK, my question is, Herb, it's a lot of money. Who is
going to monitor that these dollars are going properly?
Mr. Bailey: It's for housing, it can be for nothing else.
Commissioner Plummer: OK. If those houses cease, does those houses revert
back to the City?
Mr. Bailey: They stay with the agency.
Commissioner Plummer: And the agency then will be able to sell them and reap
the benefits of the units?
Mr. Bailey: They have to provide affordable houses for people with HIV virus
for as long as they... For as long as they have the units.
Commissioner Plummer: If they ceased? OK. If they ceased to do that, if
they cease to rent to the people with Aids, then what happens to that
facility?
Mr. Bailey: We can put that in a provision in a reclaimer provision, if you
want, in the contract.
Commissioner Plummer: All right, I think that that is only proper...
44 December 16, 1993
Mr. Bailey: OK.
Commissioner Plummer: ...that if in fact that the operation what it is
designed for today, ceases to be the thrust of the use of that money, that
those units then revert back to the City of Miami so that we can use them for
low affordable housing for other people in this community.
Vice Mayor Dawkins: One question, J.L.
Mr. Bailey: OK.
Commissioner Plummer: And... Let me just finish, Miller, if I may. I want
some accounting from your department if you are the one responsible for the
monitoring at least on a six month basis. How that money was being spent.
Mr. Bailey: On the construction phase and availability, we will do that,
Commissioner.
Commissioner Plummer: Well, I'm concerned, you know, there is many ways that
construction is done.
Mr. Bailey: Yes.
Commissioner Plummer: OK. It can be done in a very super way, it can be done
at a reasonable and practical way, that's what I am expecting you to monitor.
Mr. Bailey: All right, OK.
Mayor Clark: Mr. Dawkins.
Vice Mayor Dawkins: I have a problem in that all of these units are in the
County. The agency in the City of Miami that is dealing with these unit, is
going to equip houses that's on the bottom line of the City of Miami. That is
they are north on 71st Street, these units are not within the City of Miami.
So how is the City of Miami going to recoup property that is not in the City
of Miami? I don't understand that.
Commissioner Plummer: It's just like we do on Virginia Key. We have property
that is not in the City of Miami on Virginia Key.
Vice Mayor Dawkins: Yeah, but...
Commissioner Plummer: We've got Miami Springs Golf Course that's not in the
City of Miami.
Vice Mayor Dawkins: But, the County and everyone has... I mean, this is...
I don't understand it, I don't think...
Mr. Bailey: Well, because we are responsible for managing the grant that was
provided to us by HUD and which this Commission accepted, and all of the
guidelines and regulation peculiar to that grant, we are responsible for. We
have the obligation and the responsibility to put terms in the contract that
suits the City of Miami.
45 December 16, 1993
Commissioner Plummer: OK, as long as if they cease to operate as so
designated by this resolution, the properties revert back to the City of
Miami, that's fine. Now, do I need... Madam Clerk, do I need to make another
motion to inject that into the lease, or is it understood?
Ms. Matty Hirai (City Clerk): I do not feel so, Mr. Mayor, it's been
explained on the record, and I am sure the City Attorney will amend it
accordingly.
Commissioner Plummer: I thank you.
Mayor Clark: You offer it with that change, right?
Commissioner Plummer: Yes.
Mayor Clark: Second?
Commissioner Gort: Second.
Mayor Clark: Call the roll, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-772
A MOTION DIRECTING THE CITY ATTORNEY TO AMEND
PREVIOUSLY PASSED RESOLUTION 93-769 (AND PERTINENT
CONTRACT) TO ADD A CLAUSE WHICH WOULD PROVIDE THAT
ONCE THE AFFORDABLE RENTAL HOUSING UNITS TO BE
PROVIDED TO PERSONS WITH THE HIV VIRUS (OR AIDS
RELATED DISEASES) ARE NO LONGER USED BY SAID PATIENT'S,
SAID UNITS SHALL REVERT BACK TO THE CITY SO THAT THEY
MAY BE REASSIGNED THROUGH THE CITY'S HOUSING PROGRAM
FOR IOW INCOME INDIVIDUALS AND FAMILIES; FURTHER
DIRECTING THE ADMINISTRATION TO CLOSELY MONITOR, FOR
AT LEAST SIX (6) MONTHS, HOW THE MONIES FOR SAID
AFFORDABLE HOUSING UNITS ARE BEING SPENT.
Upon being seconded by Commissioner Goer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
46 December 16, 1993
------------------------------------------------------------------------------
20. AUTHORIZE CONTINUED FUNDING OF THE CAREER CRIMINAL PROGRAM -- ALLOCATE
$40,600 FROM LAW ENFORCEMENT TRUST FUND (LETF).
------------------------------------------------------------------------------
Mayor Clark: Next item, item 24.
Commissioner Plummer: Mr. Mayor, item 24, 25, 26, 27, 28, and 29 are
basically all out of the Law Enforcement Trust Fund.
Vice Mayor Dawkins: Thirty too, J.L.
Commissioner Plummer: I'm sorry including 30. I have a long standing backing
of my colleague, Commissioner Dawkins, who commitments were made to, and I
would ask him on the record if those commitments have been lived up to, and if
not, I will then move all of those items as I have in the past.
Mayor Clark: We'll have to vote on them individually.
Commissioner Plummer: I understand that.
Vice Mayor Dawkins: OK, well, I'm prepared to accept all of them except item
30, J. L.
Mr. Cesar Odio (City Manager): I'm withdrawing 30.
i
Mayor Clark: Item 30 has been withdrawn. You move them all.
Vice Mayor Dawkins: OK, but I will discuss item 30 anyway.
Mayor Clark: Well, let's get this —get to it.
Vice Mayor Dawkins: OK, yes, sir. All right.
Mayor Clark: 24 moved by Mr. Plummer.
Vice Mayor Dawkins: Second.
Mayor Clark: Seconded by Mr. Dawkins. Call the roll.
Commissioner Plummer: Right.
47 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-773
A RESOLUTION AUTHORIZING THE CONTINUED FUNDING OF THE
CAREER CRIMINAL PROGRAM AND ALLOCATING FUNDS THEREFOR,
IN AN AMOUNT NOT TO EXCEED $40,600, FROM THE CITY OF
MIAMI LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH FLORIDA STATE STATUTE 932.7055.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: CamAssioner Wifredo Gort
CamAssioner Victor De Yurre
Cammissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
21. AUTHORIZE FUNDING OF A LATIN QUARTER CULTURAL CENTER ANTI -SUBSTANCE
ABUSE PLAY -- ALLOCATE $50,000 FROM LAW ENFORCEMENT TRUST FUND (LETF) .
Mayor Clark: Item 25.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: Call the roll.
48 December 16, 1993
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 93-774
A RESOLUTION AUTHORIZING THE FUNDING OF A LATIN
QUARTER CULTURAL CENTER ANTI -SUBSTANCE ABUSE PLAY IN
THE AMOUNT OF $50, 000; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORaMM TRUST FUND, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
CCMPLYING WITH FLORIDA STATE STATUTE 932.7055.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
22. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE FUNDING OF THE 1995 TRAINING CONFERENCE OF THE
INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE, AUMATING $156,000 FROM
LAW ENFORCEMENT TRUST FUND (LETF). (See label 58)
------------------------------------------------------------------------------
Commissioner Plummer: 26, deferred. That was one of the ones that I've asked
for more information on, Mr. Mayor. It's a lot of money. Move to defer it.
Vice Mayor Dawkins: I'll second the deferment, but...
Mr. Cesar Odio (City Manager): This is a...
Commissioner Plummer: Move to defer 26.
Mr. Odio: Until when, Mr. Mayor?
Commissioner Plummer: Till they get me the information.
Mayor Clark: When is this conference going to be held?
Commissioner Plummer: Ninety-five, 1995.
49 December 16, 1993
l
Mayor Clark: Motion to defer until sometime in February. We got a little...
------------------------------------------------------------------------------
23. ALMiORIZE FUNDING OF AN INNER CITY YOUTH SPORTS PROGR M -- ALLOCATE
$50,600 FROM LAW ENFORCEM= TRUST FUND (LE1'F) .
------------------------------------------------------------------------------
Mayor Clark: Item 27.
Vice Mayor Dawkins: Twenty-seven.
Commissioner Plummer: I have no problem with it.
Vice Mayor Dawkins: Move it.
Commissioner Plummer: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 93-775
A RESOLUTION AUTHORIZING THE FUNDING OF AN INNER CITY
YOUTH SPORTS PROGRAM IN THE AMOUNT OF $50,600,
ALTACATING FUNDS THEREFOR FROK THE LAW ENFORCEMENT
TRUST FUND, SUCH EXPENDITURES HAVING BEEN CERTIFIED BY
THE CHIEF OF POLICE AS COMPLYING WITH FLORIDA STATE
STATUTE. 932.7055.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
50 December 16, 1993
------------------------------------------------------------------------------
24. AUTHORIZE FUNDING
OF THE
LIBERTY CITY OPTIMIST CLUB
FOCyRUL,
CHEERLEADING, AND
ENFORCEMENT TRUST FUND
TENNIS CU4UP
(LEI'F).
E[n -- ALLOCATE $58,000
FROM LAW
Mayor Clark: Item 28.
Vice Mayor Dawkins: Moved.
Commissioner Plummer: Second.
Commissioner Gort: Under discussion, in the future, I would like to know
what... Maybe you are all aware of, but I am not, how many in here you got
for the kids. How many kids are participating? How many people receiving the
benefits? And, that type of things. The information that I have in here says
the program for kids, but it is not telling me how many kids, and where and so
on.
Vice Mayor Dawkins: I'll get that information for you.
Commissioner Gort: Thank you, sir, I appreciate it.
Mayor Clark: Moved and seconded, call the roll.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 93-776
A RESOLUTION AUTHORIZING THE FUNDING OF THE LIBERTY
CITY OPTIMIST CLUB FOOTBALL, CHEERLEADING, AND TENNIS
COMPONENT; ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF
$58,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUCH
EXPENDITURE HAVING BEEN CERTIFIED BY THE CHIEF OF
POLCIE AS BEING IN CCHPLIANCE WITH SECTION 932.7055 OF
THE FLORIDA STATUTES.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
i
51 December 16, 1993
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
25. AUTHORIZE AMIDM U OF RESOLUTION 86-665, RELATING TO ALIACATION OF
ADDITIONAL FUNDS FROM LAW ENFORC00C TRUST FUND (IMF) FOR CONTINUATION
OF THE FORFEITURE FUND DETAIL -- ALLOCATE ADDITIONAL $400,000 FROM LETF
TO CONTINUE ACTIVITIES OF SAID FORFEITURE FUND DETAIL.
Mayor Clark: Item 29.
Commissioner Plummer: I'll move it, but I've always questioned why this
doesn't come from the regular 90 million dollars that they get every year to
run the Police Department, why they need another $400,000, I'll never
understand. But, I guess it is necessary.
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
Commissioner Gort: It's used to recoup the money.
Commissioner Plummer: Yeah. Yeah. What about the 90 million...
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 93-777
A RESOLUTION AMENDING SECTION 5 OF RESOLUTION NO. 86-
665, ADOPTED SEPTIIMBER 11, 1986, AS AMENDED, RELATING
TO THE ALLOCATION OF ADDITIONAL FUNDS FROM THE LAW
ENFORCEMENT TRUST FUND FOR THE CONTINUATION OF THE
FORFEITURE FUND DETAIL, THEREBY ALLOCATING AN
ADDITIONAL A40UNT OF $400,000 FROK THE CITY OF MIAMI
LAW ENFOPCEMENP TRUST FUND TO CONTINUE THE ACTIVITIES
OF SAID FORFEITURE FUND DETAIL, UPON SUCH COSTS AND
EXPENSES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE
AS BEING IN COMPLIANCE WITH FLORIDA STATE STATUTE
932.7055.
52 December 16, 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
26. DISCUSSION CONCERNING COCONUT GROVE PLAYHOUSE -- A[FIHORIZE FUNDING OF A
PRODUCTION OF AN ANTI -SUBSTANCE ABUSE AND ANTI -CRIME RELATED PLAY --
AIXCC:ATE $100,000 FROM LAW ENFORCEMENT TRUST FUND (LErF).
Vice Mayor Dawkins: Under item 30, Mr. ...
Cannissioner Plummer: Wait a minute, Mr. Dawkins, if I may.
Vice Mayor Dawkins: Yes.
Ms. Matty Hirai (City Clerk): Thirty has been withdrawn.
Commissioner Plummer: It was my understanding that the one for the so-called
J.L. Plummer godchild of the Coconut Grove Playhouse was on here and I don't
see it. It's on another item?
Vice Mayor Dawkins: It's under discussion. It's under discussion.
Lt. Joseph Longueira: It's a discussion item later in the agenda, sir.
Commissioner Plummer: Well, why isn't that under this same thing to be
approved, which is, in fact, the Police Department's proposal?
Lt. Longueira: As far as I know, you put a discussion item on the playhouse,
and that was it. We don't have an item for the playhouse.
i
i Commissioner Plummer: Well, I put it as a discussion because the rest of it
wasn't on the agenda.
Major Don Warshaw: Do you want me to respond?
Commissioner Plummer: Yeah, please.
53 December 16, 1993
Major Don Warshaw: Commissioner, in light of the backup of all these other
I TF (Law Enforcement Trust Fund) items, if there was going to be a hundred
thousand dollar resolution for the Playhouse, what we decided to do was wait
until these items pass, because these have been backed up for six or eight
months.
Ccmmissioner Plummer: It's what you call leverage, right?
Major Warshaw: No, not at all.
Commissioner Plummer: It is my understanding since it is a police -orientated
program that you do recommend the program?
Major Warshaw: If you're asking me if we are supportive of the program, yes.
Commissioner Plummer: The department, yes. It's your program, so I assume
you are supporting it.
Major Warshaw: We have been in support of the program, yes, that's correct.
Commissioner Plummer: Mr. Mayor, I would like to keep it in the same vein, if
I may. Which item is it? Do I need a resolution, Mr. Attorney?
Commissioner Gort: I think it's 36 or 36.
Commissioner Plummer: Thirty-seven?
Commissioner Gort: Thirty-seven.
Commissioner Plummer: Mr. City Attorney, would you read the resolution that I
need to approve this, if I may, if you have it?
Vice Mayor Dawkins: What item are we on?
Commissioner Plummer: Thirty-seven. I mean, it was conveniently moved.
A. Quinn Jones, III, Esq. (City Attorney): A resolution authorizing the
funding of a production in conjunction with the Coconut Grove Playhouse of an
anti -substance abuse and anti -crime related play, and allocating funds
therefor in an amount not to exceed $100,000 from the Law Enforcement Trust
Fund, subject to said expenditures being certified by the Chief of Police, as
complying with the Florida State Statute 932.7065.
Commissioner Plummer: And I so move, Mr. Mayor.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: Second - Commissioner De Yurre seconded.
54 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-778
A RESOLUTION AUTHORIZING THE FUNDING OF A PRODUCTION,
IN CONJUNCTION WITH THE COCONUT GROVE PLAYHOUSE, OF AN
ANTI -SUBSTANCE ABUSE AND ANTI -CRIME RELATED PLAY; AND
ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED
$100,000, FROM THE LAW ENFORCEMENT TRUST FUND, SUBJECT
TO SAID EXPENDITURES BEING CERTIFIED BY THE CHIEF OF
POLICE AS COMPLYING WITH FLORIDA STATE STATUTE
932.7055.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None..
CO MENM MADE DURING ROLL CALL:
Commissioner Plummer: Just for the record, I vote yes, but I want it fully
understood that even though this is a police program and there's been some
discussion about it, I think it's a great program. It goes into the schools
of this community, and I think it is well worth the money we spend. I vote
yes.
Vice Mayor Dawkins: But before it was approved, it wasn't your item. Now, it
becomes your item. Finish calling the roll, Madam Clerk.
Commissioner Plummer: Well, I don't know how. Whatever is convenient. Thank
you, Mr. Mayor.
55 December 16, 1993
------------------ -------- ----------------------------------------------------
27. BRIEFLY DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED
RESOLUTION TO AUTHORIZE CITY MANAGER TO ENGAGE THE SERVICES OF FESTIVAL
FLOATS, INC., FOR CONSTRUCTION OF AN ANTI -DRUG AMID CRIME PREVENTION
PARADE FLOAT FOR THE UPCOMING HOLIDAY SEASON, ALIACATING FUNDS FROM LAW
ENFORCEMENT TRUST FUND (LETF). (See label 59)
Mayor Clark: Item 30 has been withdrawn or deferred?
Ms. Matty Hirai (City Clerk): Yeah. On 29...
Commissioner Plummer: No, Miller had a question on 30.
Mayor Clark: No, he said he wanted to defer it and he would get questions to
the County Manager.
Vice Mayor Dawkins: Yeah, I got - the only problem I got is why you all don't
put - why you continue not to put it in the budget. We know each year that we
are going to put a float in the Orange Bowl Parade. We know that. But
instead of budgeting it as an item of the agenda - I mean, of your police
budget, each year, you cane back and you want it from LETF (Law Enforcement
Trust Fund) funds. I don't understand why you don't go ahead and budget it.
That's the only trouble I have.
Commissioner Plummer: Well, one of the reasons, Commissioner, is that I'm
voting against it. I think monies from Law Enforcement can be better spent
than putting a float for an hour and a half in a parade. Now, that's my
personal opinion. So I'm glad that it is a separate item, so I can vote on it
independently.
Mr. Cesar Odio: I don't want to - I wanted to withdraw it, but that one hour
and a half is exposed to a hundred million people.
Commissioner Plummer: That's right.
Mr. Odio: And we use other monies to spend, for other people to watch outside
of Miami, especially in the light of the crime situation. But I don't want to
argue with this. I'll just pull it.
Commissioner Plummer: I hear you.
Mayor Clark: All right. Item 30 has been deferred.
56 December 16, 1993
:"Ilk
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28. EXEC= HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT WITH FLORIDA DEPAR'IMU
OF TRANSPORTATION (DOT) -- FOR MAINTENANCE OF LANDSCAPED MEDIAN STRIPS
IN RIGHTS -OF -WAY OF BRICKELL AVENUE FROM S.E. 8 STREET TO S.E. 25 ROAD.
Mayor Clark: Item 31.
Commissioner Plummer: That doesn't cost the City any money, Mr. Manager?
Mayor Clark: You're going to move it, right?
Commissioner Plummer: Huh?
Mayor Clark: State.
Mr. Jim Kay: It costs money to maintain it, yes, sir.
Commissioner Plummer: But, I mean, it's not going to cost the City?
Mr. Cesar Odio: No, sir. Right now, to do this work, no. Afterwards, we
have to maintain it, that's all.
Mr. Kay: Maintain...
i
Mr. Odio: So it's part of our regular maintenance.
Mayor Clark: Once they plant it, it's got to be maintained.
Commissioner Plummer: OK. What is the anticipated cost to the City for
maintaining it?
Mr. Kay: About 30,000 a year.
Commissioner Plummer: I think - and where are you going to get the money?
Mr. Odio: Part of the Public Works budget.
Commissioner Plummer: And we're going to decide whether we're going to
landscape and keep up landscaping, or we're going to take care of Regis House.
I got a problem, Mr. Manager.
Mr. Odio: No, sir. That's not a fair comparison.
Mayor Clark: All right. Is someone going to offer a motion on this item?
i
j Commissioner Plummer: I got a problem.
I
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes.
57 December 16, 1993
Commissioner Gort: Also, I'd like to get more information. We have a lot of
our neighborhoods - and I'm all in favor of beautifying the City, and
Brickell, and so on, but we have a lot of problems with maintenance in our
neighborhoods. 17th Avenue, you go through there, the sidewalks are full of
grass, and we have a lot of problems. We're not maintaining those areas. I
agree with J.L. on this one, with Commissioner Plummer. I have a problem with
this, to dedicate money for one area and not taking care of the other
neighborhoods. One of the commitments that we made is we're going to bring
all those neighborhoods to the same standard.
Mayor Clark: Well, you're looking $400,000 in the face. It just goes down
the drain if it's not used here.
Commissioner Gort: OK. My question is, then, can we apply the same - can we
do this, with the State, the same thing in other areas of the City?
Mayor Clark: I would think you can.
arterial road somewhere.
Commissioner Gort: OK.
I would think you have to be on an
Mr. Odio: We can, Commissioner. Mr. Mayor, this was a NET (Neighborhood
Enhancement Teams) initiative with the Brickell people, and if we don't apply
for - if we don't say something today, we'll lose the grant.
Commissioner Gort: We'll lose the landscaping.
Commissioner Plummer: Well, Mr. Mayor - Mr. Manager, are the Brickell people
who recommended this willing to raise the $30,000 to maintain it?
Mr. Carlos Smith: Commissioner, the business section of Brickell, from 15th
Road north have committed to raise the funds to do the maintenance of their
area.
Commissioner Plummer: Yeah, I understand. I know that. That's why I'm
asking, were they willing to do it for this?
Mr. Smith: We need to maintain the one from 15th to 25th. At this point in
time, there's no commitment from that section on Brickell at this point in
time.
Mayor Clark: All right. You take the chair. I'm going to move the motion.
I'll move it.
Vice Mayor Dawkins: Is there a second?
Commissioner De Yurre: Second.
Vice Mayor Dawkins: Properly moved and seconded. Any further discussion?
Hearing none, Madam Clerk, call the roll, please.
58 December 15, 1993
The following resolution was introduced by Mayor Clark, who moved its
adoption:
RESOLUTION NO. 93-779
A RESOLUTION, WITH ATTAG'EIIMU(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE A HIGHWAY LANDSCAPE MAINTENANCE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
THE CITY OF MIAMI AND THE FDDRIDA DEPARTMENT OF
TRANSPORTATION FOR THE MAINTENANCE OF LANDSCAPED
MEDIAN STRIPS IN THE RIGHTS--OF-WAY OF BRICKELL AVENUE
FROM SOUI'HF.AST 8TH STREET TO SOUTHEAST 25TH ROAD IN
THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING THE
TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE
FWRIDA DEPARTMENT OF TRANSPORTATION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Gort: I vote yes, but I'd like to see us go back and try to get
the property owners within that area to try to came up with a fee for that.
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Next item, 32.
Commissioner Plummer: Thirty - oh, yeah, OK.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I am requesting the item that was previously voted, can we
request that the Public Works also look at the other avenues where we can do
the same thing, where we can apply for funding for landscaping, if they meet
the criteria?
Mayor Clark: We're going to try to work with the State and see if we can't
move this program right ahead.
59 December 16, 1993
Commissioner Dort: Thank you.
------------------------------------------------------------------------------
29. APPOINT INDIVIDUAL AS MmBER OF CITY OF MIAMI GENERAL ENIPIAYEES' AMID
SANITATION EMPLOYEES' RETIREMEDTr TRUST. (Appointed was: T. Willard
Fair)
Commissioner Plummer: Who are the individuals recommended for the advisory
board?
Mr. Cesar Odio (City Manager): George Dubrevil.
Mayor Clark: I would like to move T. Willard Fair. He'd like to serve again.
Vice Mayor Dawkins: Second.
Mayor Clark: Have you got anyone, J.L.?
Commissioner Plummer: Yeah. I'll put George Dubrevil, who I've known, former
City Commissioner.
Mayor Clark: George Dubrevil.
Commissioner Plummer: Yeah.
Mayor Clark: All right. You've got Gustavo Rivera, and Vincent Menditto, T.
Willard Fair. One apiece?
Mr. Odio: You have one vacancy, Mr. Mayor.
Vice Mayor Dawkins: No, no, just one. One, one vacancy.
Commissioner Plummer: Oh, one only?
Mr. Odio: One only.
Commissioner Plummer: Oh, I'll acquiesce to the Mayor.
Mayor Clark: T. Willard Fair. Back on.
Commissioner Plummer: That's fine.
Mayor Clark: He had a little sabbatical but it was a good fight, wasn't it?
Vice Mayor Dawkins: Yeah.
Commissioner Plummer: Ha! Are you going to tell, Mr. Mayor, the joke that he
told at Centro Vasco?
Mayor Clark: You tell it.
60 December 16, 1993
Commissioner Plummer: He walked in, and he said to Steve Clark, when they
were doing the campaign, he said, "Mr. Mayor, this is the first time that I
haven't voted for you."
Mayor Clark: Yeah, he sure did. No, he said, "I voted for you every time you
ran..."
Commissioner Plummer: Every time but this one.
Mayor Clark: ... "but I can't do it this time." I said, "It's
understandable." All right, 33.
Commissioner Plummer: Well, you got to call the roll on 32.
Mayor Clark: Call the roll. Mr. T. Willard Fair.
Commissioner Plummer: On 33, yeah.
Mayor Clark: Item 32, it says.
The following resolution was introduced by Mayor Clark, who moved its
adoption:
RESOLUTION NO. 93-780
A RESOLUTION APPOINTING AN INDIVIDUAL AS A MEMBER TO
j THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION
EMPLOYEES' RETIRIIMENT TRUST, FOR A TERM AS DESIGNATED
HEREIN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
Q1 �1 -
GETS MADE DURING ROLL CALL:
Commissioner Plummer: Wait a minute. Is this 32?
Commissioner Gort: Yes.
Ms. Matty Hirai (City Clerk): Yes, this is 32, sir.
61 December 16, 1993
Commissioner Plummer: Thirty-two.
Ms. Hirai: The appointment is T. Willard Fair, and it calls for only one
appointment, Mr. Commissioner.
Mayor Clark: Just a minute. We got it done.
Ms. Hirai: Yes. Yes.
Mayor Clark: Finish your roll call.
Commissioner Plummer: OK. What was the one that Dawkins wanted put over to
this afternoon?
COMMENTS MADE AFTER ROLL CALL:
Mayor Clark: Item 33.
Commissioner Plummer: Excuse me, Mr. Mayor. Mr. Dawkins, what was the item
you wanted deferred until the afternoon?
Vice Mayor Dawkins: Twenty-two.
Commissioner Plummer: Twenty-two. All right. Fine. Thank you.
------------------------------------------------------------------------------
30. APPOINT / REAPPOINT / CONFIRM INDIVIDUALS TO THE CITYWIDE COMB WTY
DEVELOPMENT ADVISORY BOARD. [Confirmed were: Mariano Cruz (Allapattah),
Frankie Rolle (Coconut Grove), Henry Lowenstein (Downtown), Ron Condon
(Edison/Little River), Fernando Gonzalez (Little Havana), Percy Brawn
(Model City), Ron Malone (Overtown), and William Ramos (Wynwood).
Appointed/reappointed were: Josie Poitier, Irby McKnight, Marta
Rodriguez, William Chavez, Jr., Dorothy Quintana, Xavier Cortada and
Sandra Francis. Pending still are three appointments.]
------------------------------------------------------------------------------
Mayor Clark: On 33, redevelopment advisory board, eight confirmations and ten
appointments whose terms expired 9/l/93.
Commissioner Plummer: OK. Do I have an appointment there?
Mr. Carlos Smith: Yes, two.
Commissioner Plummer: I have a request.
Mr. Smith: Two of them. Each of you have two appointments.
Commissioner Plummer: I have one requested of Mrs. Marta Rodriguez, of
Edgewater, would like to serve, and since she has asked for it, I will move
i her name.
Vice Mayor Dawkins: Who are you going to take off - I mean, you got another
one, then.
62 December 16, 1993
Commissioner Plummer: I will bring it the next meeting, I am told.
Mayor Clark: I'm going to hold on mine also.
Vice Mayor Dawkins: All right. I'll reappoint Joseph Portier and Irby
McKnight, although I'd like to put another one, but I don't have but one.
Commissioner Gort: You want mine now, Mr. Mayor?
Mayor Clark: OK. Yes, if you have them.
Commissioner Gort: I have Sandra Francis and Xavier Cortada.
Mayor Clark: All right, with those motions - Mr. De Yurre.
Commissioner De Yurre: Yes. I have Dorothy Quintana and Willy Chavez.
Mayor Clark: Dorothy Quintana, she's from Wynwood?
Commissioner De Yurre: Yes.
Mayor Clark: Yeah, nice little lady. I'll just hold mine up, Madam Clerk.
Call the roll on those appointments.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
i
RESOLUTION NO. 93-781
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE
CITYWIDE CUMMITY DEVELOPMENT ADVISORY BOARD, WITH
TERMS FOR SAID APPOINTEES TO EXPIRE SEPTEMBER 1, 1995,
OR AT SUCH TIME THEREAFTER AS SUCCESSOR MEMBERS ARE
1 APPOINTED BY THE CITY Ca44ISSION.
(Here follows body of resolution, orLitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
63 December 16, 1993
------------------------------------------------------------------------------
31. ACCEPT FINDINGS / RECOMMENDATIONS OF FEASIBILITY STUDY FOR MIAMARINA AT
BAYSIDE PREPARED BY KII4N'ni LEVENTHAL AMID COMPANY -- AUTHORIZE
IMPLEMENTATION OF TBE REDEVErDPMENT PLAN CONTINGENT UPON IDENTIFICATION
/ AVAILABILITY OF NECESSARY FUNDING.
Mayor Clark: Item 34.
Ms. Diane Johnson: Good morning. I am Diane Johnson with the Parks and
Recreation Department. I am here with consultants hired by the City who are
here today to make a presentation on the feasibility study they have recently
concluded for the redevelopment and future operation of the Miamarina. We
have met with you or your staff over the last couple of weeks, and today, we
would like to present you with the findings and recommendations that are
proposed for Miamarina at Bayside. As you know, the marina suffered
significant damage as a result of Hurricane Andrew. We are under contract
with the Rouse Company to operate and run a first class marina at that
location, and at the request of the community, the boating community, we have
hired the consultants, Kenneth Leventhal and Company, in conjunction with
other professionals to study and identify the most economically feasible way
of reconstructing this marina, and the best way of operating it to bring
revenue back into the city. With that, I would like to introduce Mr. Andrew
Dolkarz, with the firm of Kenneth Leventhal and Company, so that he may begin
his presentation.
Commissioner Plummer: May I ask a question?
Ms. Johnson: Yes, you may.
Ccmmissioner Plummer: I'd like you to expound about bringing revenue back
into the City. As I recall, Miamarina was always a financial loss. Where is
it suddenly going to be bringing money that it never made before back into the
City?
Ms. Johnson: Throughout the presentation, we will identify certain factors
that we have identified in the study that should turn the marina around, one
of them being...
Commissioner Plummer: No, my question was, your statement that says "bring it
back." It never made money.
Ms. Johnson: All right. Well, then, to bring revenue into the City.
Commissioner Plummer: It lost tons of money.
Ms. Johnson: Right. To reverse the negative income stream.
Commissioner Plummer: I only have one other request.
Ms. Johnson: Yes, sir.
64 December 16, 1993
f.N.'fN
Commissioner Plummer:
the City - what is the
we have to Rouse for
spelled out, that we
proposing here to make
when you all met with
our obligation? OK? SE
When the consultant speaks, I would like to know that
City's obligation to the minimum amount of obligation
any kind of marina. I don't think that there's any
lave to go with any $5,000,000 grandiose that you're
our obligation to Rouse. So I would ask for, as I did
w, what is the minimum amount that we can do to make
o I hope you'll address that.
Ms. Johnson: OK. We will.
Mr. Andrew Dolkarz: Good morning. My name is Andy Dolkarz. I'm director of
real estate consulting services at Kenneth Leventhal and Company, the firm
that served as the lead consultant on the Miamarina redevelopment feasibility
study. We did the study in conjunction with several other firms,
representatives of whom are here; Wallace, Roberts and Todd; Coastal
Technology Corporation, a marine engineering firm; International Marina
Resources, a firm well versed in marina operations, and Cummings, Grayson and
Associates, a minority firm that has worked with KL (Kenneth Leventhal) on
frequent occasion in these kinds of issues. In doing our study and responding
to the City's RFP (Request for Proposals) to analyze the feasibility of
redeveloping Miamarina, which, as you know, was destroyed by the hurricane and
whatever was left after the hurricane has been demolished. So essentially, at
this point, it is a wide open basin. We conducted our study on a three-phase
basis, the first phase of which was to understand the environment we were
operating in, the constraints and opportunities that might exist for
redevelopment, if you will. Subsequently, we looked at the various
alternative redevelopment scenarios, trying to develop in concert with the
City's technical advisory board, as well as the Waterfront Advisory Board, a
variety of concepts, to see which one we felt would be the most appropriate
for this situation. And then finally, in our third phase, we looked at issues
relating to timing, and cost, and operational conclusions. Throughout our
work, we tried to work to the notion of a goal, and our goal was to maximize
operational and financial performance from the marina. And to do that, we
felt there were certain objectives that needed to be met, including optimizing
available market opportunities, improving linkages with the upland uses, and
most notably, Bayside, but also the park area or in downtown, generally.
Certainly, we wanted it to be redeveloped in a way that would minimize
negative environmental impact, and clearly, in the fact that the marina is not
functional in a significant way today, we wanted to make sure that whatever we
propose could hopefully be done and occur on a reasonably quick basis. Before
I get into some of the detail, I'd like to specifically give you an overview
of what our major conclusions have been. Number one, we do think significant
market opportunities do exist for the marina, most notably with two segments.
One is what we call day boaters, that are the people who probably live in our
area or maybe live in Broward County, and who would come in and out of the
marina, basically, on a daily basis, to use it almost as a parking lot, if you
will, so that they could enjoy Bayside and other downtown activity. The
second group is what we call transient users. By "transient users," we mean
people who will come into the area, probably for a short term of staying with
their boat, you know, overnight, a few days or maybe a week, but essentially,
people moving in and out, and essentially cruising through the region,
stopping perhaps in Broward County, or down in the Keys, or going over to the
Bahamas. We think those are the major market opportunities. In terms of the
factors in achieving that market penetration, number one, a clear need to
65 December 16, 1993
reduce the historic problem of wave agitation, and to a lesser degree, the
debris collection problem. Wave agitation has long plagued this marina, in
terms of making it a place where people would like to keep their boats.
Secondly, we need to end up with a plan that is probably designed for the
markets that we're talking about. Third is strong promotional effort. And
fourth, very critical, provision of quality service so people using the marina
feel like they are, in fact, being served. We think if those things are done,
catering to the markets that I've identified, there is, indeed, potential to
generate positive cash flow from the marina, and after debt service, depending
on the particular financing scenario put into place. Finally, we think that
this moment in time is a unique opportunity for the City, in that it can build
a first class marina, perhaps at a significantly reduced cost than any other
time imaginable, due to the potential to receive FEMA (Federal Emergency
Management Agency) disaster funds, as well as additional FEMA funds if the
marina is designed in a manner that makes it safer, in the event of another
hurricane. There are also potentially - those are probably the most
significant funds that would come in that are not really City funds, but there
are also potentially other grant programs, such as from the inland navigation
program, and others that may be able to be helpful as well. In terms of
looking at the issues that we feel affect the design and redevelopment of the
marina, there are certain key issues that we ought to all keep in mind. The
first is the agreement with Bayside obligating the City of Miami to provide a
first class marina at that location; a first class marina at that location,
including - and I will mention this right now - that the agreement or that
view, among other things included at the time it was negotiated, that there
be, in fact, some way to reduce the wave agitation problem. So there was a
clear-cut sense that the marina previously was not meeting the standard. The
next issue was to, in fact, resolve the wave agitation problem. We think it
is resolvable. It does cost money, but we think it can be done. The third
issue that affects redevelopment of the marina is the agreement that the City
has with the group known as the Pier 5 Boatmen's Association. Those are the
folks that currently occupy the marina in the form of fishing boats, as well
as excursion boats that have an agreement that has about 19 more years to run
on it, and that agreement is very specific, in terms of the number of slips,
35, and the nature of the rental rate structure. There is not a specific
rate, but there is a formula for rates. There is some question whether some
of the Pier 5 Boatmen activity is really the future of the marina, but the
agreement that exists, and in any redevelopment plan we'll discuss with you
today, we've assumed that it stays in effect, and those people are there. The
last two issues that are sort of broad issues relate to this energy that does
potentially exist between Miamarina and the Bayside Marketplace. I could add
to that, also, the amphitheater in Bayfront Park. And then lastly, under City
Ordinance, no liveaboards are allowed in this marina. This is not what you
have here in Coconut Grove. This is intended to be, by City Ordinance, a
different marina. Clearly, the issue in thinking about redevelopment is who
is going to use the marina and what are the markets. We said already that we
think that the commercial activity represented by the fishermen and tour boats
should continue, and should continue in its current form, at least for the
moment, until decisions made by you at later dates relating to rental rates
and other things may change that; in other words, letting market force act on
its own. But in terms of the pleasure boat portion of the marina, which is
really the bulk of the activity there, we looked at three major markets. The
permanent market. The permanent market has the benefits of long-term leases,
so you know who you have there at any particular time, as long as you have
66 December 16, 1993
leases. We do not, however, feel that it is a market well served by that
marina, due to limited parking, certain limited on -premises facilities, and
frankly, the marina is not well located to the residential areas where that
boating population is likely to come from. In terms of the day boater market,
which I'd mentioned to you earlier, this has actually been historically one of
the largest areas of activity in the marina, including in the period
immediately prior to the hurricane, despite the fact that the design of the
marina at that time was not really particularly well designed for those kinds
of people who come in on a daily basis, particularly those who cane in in
small boats. We do think, however, that that activity can be there. It
represented over 70 percent of the activity pre -hurricane, and in effect, as I
said, it becomes additional parking for Bayside, and if managed correctly, can
be managed much like a parking lot. The last segment of the market is the
transient market. The transient market is a proven market regionally. 34
percent of the marina slips in Broward County, for example, cater to that
market, whereas only five percent of the marina slips in Dade County cater to
that market. It has a higher rental rate, which means that you can sustain
somewhat lower occupancy and still come out ahead financially. It is not as
sensitive to the parking issue, and we think that we know that it is here, but
I will say candidly, it has been untested, for the most part, in the Dade
County market, but we know it is here regionally. To succeed with the
transient market, which is an important issue to the study, we think that
there are certain key ingredients. First is, you got to tell people you want
their business. Just like a hotel or anybody else that's seeking business,
you got to promote for it. Certainly, since Dade County has not been known
for this, and certainly, Miamarina has not been known for this, it involves
thinking through a true promotional program. And then once done, there needs
to be commitment to that market, in that if you're trying to attract people,
when they call up and say they want to rent a slip, there should be a slip
available to get that boat. And I use the analogy of the hotel market. I
will say to you that this is a service -oriented business. You need to be able
to provide a quality of service, just like people expect in hotels, and given
the fact that the folks that typically cruise in and out are bigger boaters,
hence tend to be more affluent folks, you certainly need to provide service,
and service is going to be a very competitive thing. Finally, the slips need
to be designed...
Commissioner Plummer: Wait. Would you go a step further, because service
there before has been nil, as I recall, and I'm going to question the parking
availability after Hard Rock Cafe is there, that I don't find any parking
there. Second of all, I don't know what services you're indicating "you must
provide service." What do you have in mind when you say "provide service"?
Mr. Dolkarz: OK. Let me answer the first part about parking first, if I may.
You are right that parking is an issue. There is, however - there is,
however, an agreement between the City and the Bayside folks that on the Pier
Park piece - Ronny, could you point that out, please - on the Pier Park piece,
the City is supposed to be entitled to approximately 40 to 45 parking spaces.
That, we have - during, throughout our meetings on this subject, Mr. Tercilla
from Bayside was in attendance. That's been discussed, and he has indicated
that he does believe that that is a requirement of the City. Now, that is not
enough spaces for the hundred slips that we're talking about that would be
transient slips. However, it does provide the capability for people who are
using those slips to: "A," bring the stuff to their boats, provision their
67 December 16, 1993
boats, or take things off their boats; and then through the use of additional
parking in the parking garage, and possibly a valet type parking system, using
golf carts, to enable the folks who do not need to have their car right by
their slip every minute of the day, to be able to accomplish what they want.
In addition to that, by "service," we mean having a cadre of personnel, both
in adequate number, and both in attitude and training, capable of catering to,
much like you would expect in a hotel scenario, catering to the needs of the
folks there on enough hours of the day, which, probably, for the transient
boaters, means 24 hours a day, at least a skeleton staff, so that you can deal
with those folks' needs as they come in and out, and need to be assisted with
other things.
Commissioner Plummer: Well, define "catering." In a hotel, that means roan
service, you can have food brought to your room.
Mr. Dolkarz: OK. We do not mean roan service, but we do mean in terms of if
there's a problem, if they need to reach somebody, if they do need that kind
of thing, that there is somebody there to be helpful to them, if their boat
has, for some reason, a problem.
Commissioner Plummer: OK.
Mr. Dolkarz: We do not mean roan service in that regard, but we mean in terms
of the people that meet them, check them into the marina, and all of that,
somebody who is geared to providing them a sense of - and by the way, also
telling them what things are going on in Bayside, what's going on in the rest
of downtown, or the community generally, that sort of concierge's check -in
kind of thing. Also required in that service is the need in certain
facilities, also on pier park, the buildings that are there, to provide
certain kinds of laundry facilities and certain kinds of washroom facilities
that are currently really not in place, and which our budget assumes
providing. So those are, we think, are the ingredients. With that, Ronny,
I'm just going to quickly run through the plan, and if you could just point to
the areas, I'd appreciate it. As we pointed out earlier, along the north
pavilion of Bayside, which is the traditional Pier 5 area, that's the area
where the fishermen are and the excursion boats, and the anticipation is that
that will stay just as it is, with probably some improved signage for the
marina, generally, and for those activities in particular, so that the people
know that they are there, and that they're operating and that they're supposed
to be doing business.
Mayor Clark: Excuse me, excuse me. And also parking for the commercial -
some of the commercial of that corner.
Mr. Dolkarz: Yes. There is also the possibility, up along that old bridge,
to provide some parking that would, in effect, allow the people running those
businesses to park their cars, so that we can get that parking out of other
places.
Commissioner Plummer: Is that not under the auspices presently of the lease
of Bayside? I think it is.
Ms. Johnson: I don't - no, that old bridge belongs to the port.
68 December 16, 1993
ME
Commissioner Plummer: The old bridge belongs to the property that he's
speaking of, between Bayside and the bridge, is under the auspices, I believe,
of Bayside.
Ms. Johnson: There is a three -party agreement, I believe, that may be the
subject of that particular parcel...
Commissioner Plummer: We had to get an agreement...
Ms. Johnson: ... but it's between the port, the Bayside and the City.
Mayor Clark: It should be checked into.
Commissioner Plummer: Yeah. Off -Street Parking has it.
Mr. Dolkarz: The next major feature of the marina is what is referred to on
the plan as "Dock A," which is actually running along the outside of pier
park; "B," "C," and "D," where there would be a total of approximately 100
slips of varying sizes to accommodate this transient market that we've talked
about. These are slips in the traditional sense of finger piers and all of
the rest, with all of - with appropriate services for the boats to hook up.
Those slips can additionally be used by larger day boaters, folks who need
that kind of space for their boat, but are caning in on a day excursion basis.
The third area of the program is what is - is a group of floating docks,
floating so that they can deal with smaller boats, which is what the large
number of day boat activity is, perhaps up to 50 to 57, depending on boat
size, can fit in there, and they came off and are configurated in a manner so
that once somebody parks their boat there, they go through a - in effect, what
you have in a parking garage - a place where their entrance and exit can be
monitored and revenue can be captured. As I said, there's been a lot of that
activity historically. We're not sure all revenue has been captured
historically, and this is really designed to give an orderly situation to that
kind of activity.
Mayor Clark: One question. Is that parking garage designed for any more
f loors?
Mr. Dolkarz: The Bayside parking garage?
Ccmissioner Plummer: I don't think so.
Mr. Dolkarz: That, I would have - I think we would have to check with
Bayside, whether the Bayside parking garage is designed for more floors.
Ms. Johnson: I couldn't tell you that. I have had discussions with Raul
Tercilla, and he apologizes for not being here. He did have a doctor's
appointment that was unavoidable. We have discussed the possibility of
reserving an area of parking within the garage for marina users. We have also
discussed, and may be the subject of future negotiations with Bayside, the
possibility of building a one -level garage on the Pier park. So we are
exploring other additional parking alternatives. But to your specific
question, whether we can add floors, I don't have an answer.
Mayor Clark: Parking is short there, J.L.?
69 December 16, 1993
Commissioner Plummer: Oh, very short. Most of the time you go, Mr. Mayor,
the Bayside parking is full. I mean, it is absolutely, and I guess Bayside
loves it, because under our agreement with them, if it ever canes up short on
dollars, they have to make up the difference. So I'm sure that they're very
concerned about it. But it has... almost any time you go there... in the
evening, especially, it is definitely full, and you look across the street on
the boulevard, and even the islands over there are full.
Mayor Clark: Well, you'd better check into it now when you're making all
these preparations, because that's something that's very important. You know,
a beautiful hone and no place to park makes it very difficult. Helps the
taxicabs, but it won't help you out too much.
Commissioner Plummer: Well, you do have, Mr. Mayor, right across the Port
Boulevard, where the Grand Prix and the FEC (Florida East Coast) is, it's
designated as a surface parking lot, but people don't use it. I guess it's
assuming because of the element that's there presently, but we allowed Off -
Street Parking to use that and charge for it, and manage it, but they never
did - wasn't successful, I guess.
Mayor Clark: I believe you've got to take into consideration expansion of the
port, the seaport, and how much that's going to bite into this.
Mr. Odio: Yes, sir.
Commissioner Plummer: Oh, yeah.
Mayor Clark: Because that's a very... you can't...
Mr. Odio: Well, we feel - the drawings that I have seen, and I don't know if
they have changed - that the port will add parking to Bayside.
Mayor Clark: Oh, yes, no doubt about that. But don't tear down something you
build up just to put the port in.
Mr. Dolkarz: I think that's a fair comment that needs to be looked at, too.
I do want to emphasize that the day boaters we're talking about, those people
caning in and using the floating docks, are not going to have a need for
parking at all. They're effectively - they're coning with their - their boat
is their car, so to speak. And the transients, yes, many of them who are in
for a few days may rent a car, but their need for parking is not the same as
the permanent boater market.
Commissioner Plummer: When you say "transient," how long a period of time is
a transient?
Mr. Dolkarz: We're talking about anything from a one-night stay to a week or
SO.
Commissioner Plummer: And what is the maximum allowed? Under your proposal
of revenue, would there be a 30-day max?
70 December 16, 1993
'A
Mr. Dolkarz: I don't think we've defined a maximum, but we're not
anticipating that market staying any longer than that. We're really talking
about a cruising market, if you will.
Commissioner Plummer: Well, you know, if that...
Ms. Johnson: And if I may interject, both the City Code and our agreements
with the Rouse Company specifically discourage long -tern slip rentals at that
facility.
Commissioner Plummer: "Discourage" is one thing. To have it in writing is
another. And let me tell you something. I don't think that anyone would want
to have liveaboards at that location.
Mr. Dolkarz: Under current code, liveaboards are not permitted at that
location.
Commissioner Plummer: Well, I think if you write it and spell it out, where
you can give me more than a terminology that says "discourage," I think it
would be clearer for everybody to understand.
Mr. Dolkarz: Well, the current code says more than "discourage" about
liveaboards. It says no liveaboards are permitted at that marina. What the
current code does say is it discourages long-term stay, which is different
than liveaboards, where they're actually living on the boat.
Mr. Odio: Mr. Mayor, the answer to your question, structurally, the parking
garage may take an additional floor, except we need to check into the height
agreement that was made on the building of Bayside, that we were limited to a
certain height. So I need to check into that part. But structurally, it
could take another floor.
Mayor Clark: Well, let me say the sign of Bayside is a pretty good size
itself.
Mr. Odio: Yes, sir.
Mayor Clark: I don't think it would go over that. You'd only need about
eight feet.
Mr. Odio: Yes, sir.
Mr. Dolkarz: Turning now from the market related issues to the financial
conclusions. The table that's on the screen summarizes some key elements of
our financial conclusions drawn from larger and more detailed cash flows.
This is - these numbers are done for the years one through five of the
redeveloped marina, and these numbers, as you see them in this presentation,
are all in constant 1993 dollars. They have not been inflation -affected, so
that there has been no attempt to guess where the economy is going to go and
+ what inflation rates may be. We have run our numbers under two scenarios;
one, assuming that the marina continues to be staffed with City employees, in
i terms of its full complement of staff; and the second would be as if a private
management company were put into place to operate the marina. Let me make a
couple of comments. I had said earlier on that in terms of achieving market
a
71 December 16, 1993
opportunity, our taking advantage of the market opportunities that exist,
there needs to be a promotional budget for this marina that allows us to tell
the folks, particularly the transient market, but also the day market, that
this marina is interested in their business. What we have done, and we have
significantly built into our numbers, an expenditure for promotion that is
substantial, certainly more substantial than anything ever spent for the
marina, and is designed to back up that comment that if we want this business,
we got to go out and get it. The other two - the other columns basically
indicate - the next column over indicates the estimated payroll expenses under
the City wage scale, as well as under the private management agreement, if one
were put into place. As you can see, the numbers are not significantly
different. If the payroll of the private employee - private sector employees
and the management fee paid to the management company that hires them are
added together, you end up essentially at about the same numbers, which means
that your cash flow available for debt service under the two scenarios tends
to be about the same. The big difference in these numbers, to be candid, is
the ability of whether we can provide the right quality of service or not.
And the idea here is that if we staff the marina in a way using a professional
management company, that we can train and deal with the employees that are
working in the marina in a manner that will make sure that they understand
that they need to provide that service, and have the capability to provide
that kind of training. So we think that from the point of view of putting
risks to this, with the right private management company, the risk is probably
reduced, because there's probably a better chance to provide the level of
service. But certainly, from a dollars and cents standpoint, if both were
even in terms of service, then the results would be even. In terms of the
last column, and without knowing the exact financing plan, or the exact amount
of non -interest bearing money that will go into this, i.e., through FED
mitigation, FEMA disaster funds and whatever, we are looking at cash flows in
the second through fifth year that should support against what would be the
logical City investment in this. And if, assuming that was all leveraged
dollars or interest dollars, that we should be developing cash flows capable
of dealing with the debt service that would be required. I'll came back to
that point in a moment. The next slide is basically just a staffing schedule
to indicate to you that in developing those payroll numbers that you saw on
the preceding chart, we are talking about a staff complement considerably
greater than this marina has ever had, and certainly, at a level that is
necessary for the hours it will be running and to deal with the markets that
it will be dealing with. I think this marina, at its high point, in terms of
staffing historically, has only had about eight or nine people. As you can
see from the chart, we're talking about a staffing complement of about twice
that. Moving on to development cost numbers. Based on the concept plan that
you see in front of you, and the knowledge that we do have about the
conditions at the marina, albeit not based on absolutely hard engineering
studies at this point, because those have not yet been commissioned by the
City, we have developed a total budget for the project of approximately $4.7
million, including contingencies and soft costs as well as hard costs. Within
that, I'd like to point out that approximately $1.9 million of hard costs,
plus associated contingency and soft costs is to deal with certain
hydrological and utility costs at the site that are specific to Bayside, and
would not necessarily be true at any other marina. Most notable in that
number is the fact that approximately half of that number goes to baffling
along the old port bridge, as well as along the outermost "B Dock." That
baffling is designed to reduce the wave agitation that comes into that marina
72 December 16, 1993
to a level that would be acceptable to the boating community. Based on
hydrological studies that our consultant did, both as part of this team, and
also prior work that he did for the City of Miami, as relates to this marina,
we believe that that baffling can, in fact, get us to the level, in terms of
wave agitation, that is necessary and can stop plaguing us. I will also
mention in that million -nine number, there's approximately a hundred thousand
dollars of cost associated with retrofitting some electrical along the
existing basin of the marina; electrical that, frankly, at this point, under
certain tidal conditions, goes underwater and shorts out. So we're trying to
really clean up that problem, in addition to the wave agitation. Those are
part of the hydrological and utility issues that are there that are very
unique. There's also a small amount of money in there, about $22,000 - it's
not a significant number - to try to deal with the problem of debris
collection that has historically occurred at the marina, where debris is
collected in the corners. It's unsightly. More importantly, it smells bad,
and we're trying to find a way to sort of get it to get into the current and
flow out of the marina on a natural basis, so that the overall experience of
` Bayside Marina, Miamarina, is a more pleasant one. I will not, since I think
I've taken more time than I intended, I will not go through all of the cost
numbers, but we can certainly go back to them. I do want to go to one chart
mark, if you will, the one on potential FEMA hazard mitigation. There are
certain... we said earlier that one of the opportunities here is to rebuild
this marina with monies from FEMA. A portion of that is literally what the
City has put in for already, and I don't think... and I think is still
negotiating with FEMA, to actually be reimbursed for the damage that occurred
at the marina. That's in a number of approximately $1.5 million. However,
FEMA has already... has indicated through publication and other things that
when a facility is being rebuilt, if it is rebuilt in a manner that mitigates
against the potential for the same kind of thing to happen in another major
hurricane, that they will give... they will listen to that, and potentially
provide grant money, an amount to be negotiated, and I can't tell you what
that will be, but we... up to a hundred percent of those items that really
improve the marina's ability to withstand a future hurricane. In that regard,
in coming up with the concept plan, we have identified a certain number of
areas that we think potentially are the things that we can discuss with... can
be discussed with FEMA with the notion of getting monies up to a hundred
percent. The total of these add up to about $2.6 million, so these are
significant as a part of the total cost of the project, and include among them
the floating dock system for the day boaters, which, if properly installed and
properly built, should be able to rise with the crest of the waves during the
hurricane, and not go out. I think you had some success, not total success,
but significant success here at Dinner Key in that regard. The second issue
is the two baffling systems. We said that's about nine hundred or eight
hundred thousand dollars of cost. It's significant. It's something we need
from a market standpoint, but to the extent that there is a way to baffle and
reduce wave impact as it cones in on the marina, we think it's something that
clearly is discussed... can be discussed with FEMA as a mitigation item. The
third area is the approximately hundred thousand dollars that I mentioned that
relates to retrofitting the upland electric systems, which are, frankly,
faulty now, and cannot even deal in non -hurricanes with certain tidal issues.
And then the last issue is on the basic transient docks, which in the prior
marina were wood construction. The plan here and the costing here assumes
those to be concrete construction, and therefore, better able to, again,
withstand the force of a hurricane if we are so unlucky to get another one.
73 December 16, 1993
! Moving on to timetable. As I said, it's obviously everybody's desire to have
iI this marina back in service earlier rather than later. On the other hand,
there are things that need to be done to do that, including dealing with
permitting processes, dealing with bidding process, and whatever. Arai
frankly, and candidly, we believe that the base case for this is approximately
two years. We do, however, think that there are pieces of this.. we think the
base potentially can be beaten, because our base case assumes going outside
for architectural and engineering services, and therefore, going through a bid
process for that. To the extent that the City made the decision to have that
design work done in-house, there may be some time savings there, and we
understand that's one thing at least being considered. The second area is the
area of the floating docks. The floating docks are a less complex engineering
Problem than the rest of the marina. In fact, the companies that manufacture
and install floating docks typically will do that engineering themselves as a
one... as a sort of a package program to doing floating docks, and we think
that at least, the floating docks have the prospect of being able to get into
i the marina sometime in, you know, assuming we started in January, sometime at
the end of about an eight, nine -month period. To the extent that would occur,
at least for the floating docks, you would have the ability to start
generating revenue, to start telling everybody this marina is going back into
business, and essentially move on. The rest of the docks, the transient docks
would take longer, and would probably still work within that general two-year
or slightly less time frame.
Ms. Johnson: Now, we have all the consultants here available, if there are
any questions from any members of the Commission.
Commissioner Plummer: How full is the Miami Beach Marina?
Ms. Johnson: Ronny, do you have an estimate on...
Mr. Ron Stroud: (INAUDIBLE.)
Ms. Johnson: Just a moment. Let me have him speak on the record, please.
Introduce yourself.
Mr. Stroud: My name is Ronny Stroud, with the National Marina Resources. And
the last I knew, Miami Beach Marina was about 80 percent full.
Commissioner Plummer: Overall in Dade County, how much would you say that the
demand is being met at the present time?
Mr. Stroud: Well, I think, sir, that you have different demands.
Commissioner Plummer: Demand for dockage.
Mr. Stroud: Well, I think you have the experience here at Dinner Key that you
were fairly well full before the hurricane.
Commissioner Plummer: That's liveaboards. That's a different ball game. I'm
not talking about...
Mr. Stroud: But transient dockage, the Northerners that you can make the
money on, we have a shortage of that type of dockage.
74 December 16, 1993
Commissioner Plummer: Well, isn't there a reason for it, sir? Are you
familiar with Broward County?
Mr. Stroud: Yes, sir, I'm from Broward County.
Commissioner Plummer: And is there not reasons why people are not caning
farther south? And I'm not speaking to crime.
Mr. Stroud: Yeah. No.
Commissioner Plummer: There's reasons why boaters are not coming farther
south than Broward County.
Mr. Stroud: Because there hasn't been the facilities.
Commissioner Plummer: There hasn't been the backup service facilities.
Mr. Stroud: That's correct.
Commissioner Plummer: We only have one left in this community, and that's
Merrill Stevens, on the river. And putting in new docks is not going to bring
them down here, because they still got to go back to Fort Lauderdale to get
serviced, and that's what they come down here for; to get their boats serviced
while they enjoy the sun and fun. Now, you know, these things are not things
that you're bringing out. So, you know, that's my - my problem is this
facility has never made money, it has been a purple elephant from day one,
it's going to continue to be such, as far as I'm concerned. The charter boat
fishermen, they tell me, are starving to death in that area there. They're
looking for a way to survive, and they're not doing it.
Ms. Johnson: J.L. ...
Commissioner Plummer: All of the spaces that are available over to Watson
Island, you got only the commercial going in over there. I just - I - look,
as far as I'm .concerned, if we have a commitment to Bayside to put in some
kind of a marina, then as far as I'm concerned, put it in. But you don't have
to go with any lavish thing, and in my estimation, I must tell you, wasting
taxpayers' dollars, aside from the FEMA money, to go to a thing that is a
proven loser. It is a proven loser.
Ms. Johnson: Just for the record, J.L., I wanted to point out that when
preparing the profit and loss statements, we had a very conservative estimate
of occupancy from the first year, around 47 percent, and going no higher than
what, 54?
Mr. Stroud: For the transients.
Commissioner Plummer: Diane, my friend, I saw projections when that opened
originally that far exceeded that. And let me tell you something. I don't
think your projections today are a damn bit better than they were then. The
people, the boating people are not going to use this facility as a transient.
They're going to go to Broward County, and they're going to rent their car,
and they're going to come down. Now, you tell me that we got service
75 December 16, 1993
facilities where these boats can be accommodated for the needs, and every boat
has a need every day. Bob, am I right or am I wrong?
(INAUDIBLE RESPONSE)
Commissioner Plummer: OK? And as far as I'm concerned, if you don't have
those facilities available, they're not going to come down.
Mayor Clark: Where's all the money coming from?
Ms. Johnson: Perhaps Mr. Stroud can address some of those issues.
Commissioner Plummer: Excuse me. I'll acquiesce to the Mayor, who asked, I
think, a very good question. Where is the money coming from? People around
here forget that.
Ms. Johnson: We currently have submitted a reimbursement request for damage
to FEMA in the amount of $1,500,000. We will be making application to FEMA
for mitigation. We will be asking for - the full amount we feel we could
possibly get would be $2,600,000. There is a possibility we have of getting
grants fram the Florida Inland Navigation District Funds. As you know, they
gave $500,000 to the County after the storm, and we have been working with
them on the possibility of funding. We also have the possibility of low
interest loans through the Florida League of Cities.
Mr. Odio: And we also have $800,000 from the settlement of the...
Ms. Johnson: ... from the settlement of the litigation.
Mayor Clark: Maybe we can apply that to another phase of the City, the
$800,000.
Ms. Jonhson: So we're confident the funds...
Mr. Odio: Let me repeat the...
Commissioner Plummer: You can do that anywhere you want.
Mr. Odio: Camnnissioner Plummer, when we reviewed the rebuilding of the
marina, we saw that it was clearly stated in the Rouse contract with Bayside
that we have to have a first class marina. We have no choice.
Commissioner Plummer: Sir, I don't dispute that at all. But, you know, I
guess it's every person's interpretation as what is first class. That's why I
asked, what is the minimum that you could do to comply with the contract? And
nobody spoke to that yet.
Mr. Odio: Let me explain the difference. If you build what we have here in
Dinner Key over there, that would be additional costs. This is super first
class.
Commissioner Plummer: Mr. Manager, you are avoiding my question, as did the
consultants and everybody else.
76 December 16, 1993
Mr. Odio: This is first class.
Commissioner Plummer: I ask again...
Mayor Clark: Please, please. What's the least amount you could do to live up
to the contract?
Commissioner Plummer: What is the minimum amount to put us in compliance with
the contract? Is it just along the seawall? Would that put us in compliance
if we do that in a first class condition? I don't know. I'm asking. But it
upsets me when people continuously avoid to answer my question. They're
trying to hide something; is that what the problem is? I don't know.
Mr. Dolkarz: Based on - in doing the study - and originally, we were opposed
on it. We actually had an attorney on our team. We subsequently dropped the
attorney and used the City's attorneys, who we have met with. Based on my
reading of the agreement, based on our discussions with the City Attorney,
based on the condition that the marina was in and the size of the marina prior
to the time that Bayside committed to being here, I would say to you that the
marina we're talking about is what meets your requirement. I think anything
much less than that is definitely a backup from the situation that you were in
when Bayside agreed to - with the City - to the construction of their
facilities. And so I would say this meets the requirement, and anything much
less than this would not.
Commissioner Plummer: My final question to you, sir: You are a consultant.
You have made your presentation today. Regardless of what happens from this
day forward, you do not participate financially at all?
Mr. Dolkarz: That is correct.
Camtissioner Plummer: Thank you.
Mayor Clark: Mr. Dawkins.
+ Vice Mayor Dawkins: Somebody said you get 1.5 from FEMA, and the Manager said
we got 800,000 from a settlement. That's 2.3. What could you do there for
$2.3 million? That way, the citizens of the City of Miami don't have no debt
service, and it would be clear. What could we do for $2.3 million?
Mr. Dolkarz: Frankly, you know, what you could probably do for the $2.3
million is some improvement to the baffling situation, which is definitely in
your agreement with Bayside, without question, and the improvement to some of
the retrofitting of the electric, which is a historical problem, and sane of
the floating docks, maybe a little bit more of the floating docks for the
purposes of having at least that much activity. And you essentially would
have a largely - for portions of it, a largely empty basin.
Vice Mayor Dawkins: Therefore, how much - how far would we be out of
compliance, in your estimation, this is, if we only spent the 2. ...
Mr. Dolkarz: I think half the size of the marina.
Vice Mayor Dawkins: Sir?
77 December 16, 1993
Mr. Dolkarz: I think a marina half the size of what was there, and certainly,
not in its full blown form first class, it is outside of compliance.
Commissioner Plummer: That's your interpretation, and I respect that, sir,
but I don't think you're right. I think I'm more of an expert than he is as a
consultant who's not been around boats all of his life as I have. Yes, I'll
agree to that. But I didn't get paid.
Vice Mayor Dawkins: No further questions.
Commissioner Plummer: There's a man that will tell you more about boats than
any man in this town, right there. Bob Lewis.
Mayor Clark: Bob, you're recognized. Do you have something to say?
Mr. Lewis: Yes, sir. My name is Bob Lewis, Mr. Mayor and Commissioners. Mr.
Plummer, I would like to agree with you on the facility situation here. We're
going to have boats coming into the Miamarina, let's say, when it's fixed and
so forth. They don't have anywhere to fuel in the City of Miami, except
Crandon Park. There's a little fuel dock at - that's Watson Island that the
City is in charge of, and it looks like Sanford and Son's parking lot over
there, and it's a dangerous place to tie a boat up, due to wake and so forth.
We have no facilities whatsoever for transient boats. There is no reason for
them to come into Miami. The last time I was at the Miamarina with a... there
was another boat fishing, one of the tournaments we have here, and so we said
we needed some ice. We went over to the other side of the dock, and we
finally run down somebody, put somebody ashore and run them down, and we got
somebody, and we said we needed some ice for our bait and so forth, and
drinks. He says, "Well, have you got a lot of quarters?" I said, "What do I
need quarters for?" He says, "Because you put a quarter in the machine, and
you get a little handful of ice." I mean, this is the kind of service we had
at the City of Miamarina (sic). I mean, there's no reason for this. As far
as comparing our facilities to Fort Lauderdale and Palm Beach, we are lagging
something terrible. And the people have to have somewhere to go where they
can service their boats.
Commissioner Plummer: That's where they're going to go.
Mr. Lewis: Yeah. And that's the problem here. Thank you.
Commissioner Plummer: I would ask the City Attorney to please forward to my
office, please, that portion of the contract with Rouse which describes what
the City shall provide in the way of, as you referred to, a first class
marina, whether it's - you know, and I would want your opinion - whether it
spells out it's got to be a hundred slips, or ten slips, or nine slips, or
what, but if there is any further terminology, I'd appreciate a copy of that,
sir.
Ms. Johnson: That will be provided to you. I think Dana already has a copy,
but it will be provided again.
Vice Mayor Dawkins: I'd just like to ask, we - now, we've just heard the
gentleman say what we've been saying for the last four years. The Merrill
78 Decemnber 16, 1993
Stevens should be developed into a full service marina, and property we have
yet to put out an RFP asking that this be built, designed, and put into a full
service marina. You just heard the gentleman say that we need a full service
marina. That's what we were supposed to be doing over here.
Commissioner Plummer: That's what you ought to take this money and do with.
Vice Mayor Dawkins: Yeah. OK. I just...
Commissioner Plummer: Mr. Mayor, if I may.
Mayor Clark: Yes, sir, you may.
Commissioner Plummer: If I may read into the record, just, of all of this so-
called mandatory stuff that we have to do. And this is the Miamarina
agreement. The City agreed in Section 1: "To manage, operate and maintain
the marina to a quality consistent with other first class marinas" - it
doesn't say anything about size - "in the Miami Metro area and to a comparable
level of quality commensurate with the quality and character of the
management, operation, and maintenance of Bayside Specialty Center. These
functions are to comply with the standards set forth in Exhibit A." I don't
see anything that says what size it's to be, or how large it's to be, or
anything of that nature. I would much prefer to take that $800,000, which we
have no restrictions on, and put it into Merrill Stevens, and make that a
first class marina, which this City Commission is committed to do. And as far
as I'm concerned, that will bring the people down from Broward County, because
they don't come down now. And I'm not talking about the 18-footer or the 20-
footer. I'm talking about the bigger boats that need to be pulled out of the
water, and not a boat that's on a trailer. They can go anywhere and get
service. I'm talking about the bigger boats. And I just, you know, I think
that what we need to - for me, I need to establish what is the minimum first
class we can do to comply with our contract, and that's what I would vote for,
nothing more.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Gort: I'm not too knowledgeable about this, so I'm going to have
several questions. Don't we have services up the river, J.L.?
Ms. Johnson: Merrill Stevens.
Commissioner Gort: Only one. OK.
Commissioner Plummier: Only Merrill Stevens. It's the only one.
Commissioner Gort: The second question is, has anybody talked to Rouse
Company? Would they be interested in managing the marina, or can this be bid
out to a private...
Mr. Odio: They would be.
Ms. Johnson: They're very interested.
79 December 16, 1993
Mr. Odio: We would have to go to a procedure. We could not just tell them to
manage the marina, but the ideal circumstances, I would say, would be for
Rouse Company to manage the marina, yes.
Commissioner Plummer: They will not build it.
Commissioner Gort: They will not build it?
Mr. Odio: No.
Commissioner Plummer: No, they will not build it.
Mr. Odio: They will not build it.
Commissioner Gort: Oh, OK.
Commissioner Plummer: We tried to get them to do that before.
Commissioner Gort: Oh, OK. That was my question. Would they be willing,
since they have the whole - OK, thank you.
Commissioner Plummer: That was 1.6 million before.
Ms. Johnson: Our consultants have indicated that there are five boatyards on
the river.
Commissioner Plummer: Service boatyards? Where?
Mr. Odio: I know Marcus...
Commissioner Plummer: Nuta's doesn't service.
Ms. Johnson: Mr. Bunnell has those figures.
Commissioner Plummer: Nuta's doesn't service. National is gone out.
Mr. Dick Bunnell: No, Nuta's doesn't service, but...
Mayor Clark: What do you have, sir?
Mr. Bunnell: You have... Hi. I'm Dick Bunnell, Bunnell Foundation and
member of the Waterfront Board. The - I'm referring to Jones Boat yard as a
full service boatyard.
Commissioner Plummer: I stand corrected. You are right.
Mr. Bunnell: Merrill Stevens. Merrill Stevens has two.
Commissioner Gort: Farther up the river?
Commissioner Plummer: Jones is on the 8th Street Bridge.
Mr. Bunnell: Merrill Stevens has two boatyards.
80 December 16, 1993
Commissioner Plummer: He's over here. He's - yeah.
Mr. Bunnell: And there's at least three other smaller boatyards. Same of the
names escape me right now, but...
Commissioner Plummer: Very, very small.
Mr. Bunnell: They are small.
Commissioner Plummer: Yeah.
Mr. Bunnell: But they are full service boatyards. I'd say that probably two
major boatyards have closed on the river in the last few years. One, of
course, is Miami Shipyards. Jim Brown's operation shut down because of the
environmental impact, and the cost.
Mayor Clark: Whose operation is up at 22nd Avenue?
CcmTdssioner Plummer: That's Baboon, isn't it?
Mr. Bunnell: On 22nd Avenue...
Mayor Clark: The west side of 22nd Avenue. It's a big boatyard.
Mr. Bunnell: The west side is Mesa, Mesa Marine.
Mayor Clark: That's a big operation.
Mr. Odio: Nathan Roc's son-in-law has a full service boatyard on the river.
I don't know what the name of it is.
Commissioner Plummer: Well, Mesa Marine, right now, just for your
information, is before Code Enforcement. Interesting.
Mayor Clark: OK.
Mr. Bunnell: Allied recently closed, but the property is for sale and it is a
possibility it would reopen as a boatyard.
Commissioner Plummer: Yeah.
Mayor Clark: Thank you, sir.
Commissioner Plummer: Mr. Mayor, I will be very happy to - not happy, but
I'll be corrected to say that we provide minimum repair, compared to what
Broward County provides.
Ms. Johnson: For the record, I just wanted to indicate that Raul Tercilla
from Bayside was a member of our technical committee and participated
throughout the process, and was very supportive, as was his general manager,
in the process and the plan that we've proposed.
81 December 16, 1993
Commissioner Plummer: Sure. Spending the City's money, $12,000,000, I would
be very cooperative also.
Mayor Clark: All right, sir. Is there anything further, Mr. Bunnell?
Mr. Bunnell: J.L., I would like to also say that we're all looking forward to
getting the old Merrill Stevens Boat yard next door up and running, and we're
all in favor of that. So good heart...
Commissioner Plummer: The only disagreement we have there, sir, is I think we
can do it in-house. There's a disagreement on that. I don't think we need to
do anything different than what Merrill Stevens did. Every sub that came in
there and did work, they took a 20 percent override. I mean, that's fine.
Let us operate it. Bring in all the subs you want, and we take our override,
and we can operate it. If they can make a profit, why should we give it up?
That's my point.
Mr. Bunnell: I think with the right push, we can have that in about a year
and a half. We can have a boat yard on there.
Mayor Clark: There is a suggestion that we approve a resolution- now listen
J.L.- approving in principle the finding and recommendations of the
feasibility study for the Miamarina at Bayside, prepared by Kenneth Levethal
and Company; further authorizing the City Manager to commence implementation
of the development and plan for this facility. I think we're jumping the gun
here.
Commissioner Plummer: The only thing, Mr. Mayor, that I will vote for is to
accept their findings. That's all I'll vote for, period, amen. That way,
they can be paid, and tell them thank you. As far as the feasibility...
Mayor Clark:
Can't go any further, unless you've got a rubber checkbook
somewhere.
Commissioner
Plummer: Well, hey, old deep pockets.
Mayor Clark:
Give me a resolution. Give me a motion.
Commissioner
Plummer: I'll move, Mr. Mayor, that we accept the findings and
the study of
Kenneth Levethal and Company, and authorize payment for said,
period.
Mayor Clark:
Is there a second to that?
Commissioner
De Yurre: I'll second, because we've got to pay them anyway.
Right?
Commissioner
Plummer: Well, but you can't pay them unless you do that. OK?
Commissioner
De Yurre: I'm not reinventing the wheel here. What is the
alternative if we do not move on this?
Commissioner
Plummer: Well, I would hope, if you're asking the maker of the
motion, that
in-house, or the Manager would come back to us and say to us,
82 December 16, 1993
"Hey, here's what's the minimum you can do to be in compliance with your
contract with Miamarina. And then we'll study that, and we'll either agree or
disagree with him on that, and we'll proceed from there. But I, you know, the
other thing that we said before, Victor, I would hope that we can take that
$800,000 and fix up Merrill Stevens.
Mayor Clark: Is there any ability, Mr. Manager, that we have an RFP (Request
for Proposals) for someone to come in and develop this, and manage it?
Mr. Odio: You could do that. You could put out an RFP.
Commissioner Plummer: On this? On this?
Mr. Odio: Excuse me, Commissioner.
Commissioner Plummer: If the private sector wants to put up their money, I
have no problem with that. Sure.
Mr. Odio: Excuse me. You could put out an RFP for the development of a
marina there, and the management of.
Mayor Clark: Well, at least we can try and develop something there. The cost
is four million.
Commissioner Plummer: Mr. Mayor, I would fully accept your idea that if the
private sector through an RFP wanted to cane in and do something similar to
this on a program, I think it would be great, as long as they're using their
money.
Mr. Odio: Let me put a limitation here. FEMA (Federal Emergency Management
Agency) has given us 18 months to rebuild, or we lose the money.
Mayor Clark: Could that FEMA money be appropriated to a private organization
to re...
Vice Mayor Dawkins: Yes, sir. Yes, sir.
Mr. Odio: They could be part - I would have to check the legalities of it,
Mr. Mayor.
Commissioner Plummer: Well, Mr. Manager, why would that be any different than
the people who were bidding on Merrill Stevens were depending on FEMA money as
part and parcel of their reconstruction?
Mr. Odio: No, they were not. If you remember, I recommended that we reject
j Lighthouse because they could not depend on FEMA monies.
I
Commissioner Plummer: But they were hoping and there was a potential.
Mr. Odio: That was a dream that they had, but the fact is that they could not
depend on those monies.
Mayor Clark: Commissioner Dawkins.
83 December 16, 1993
Vice Mayor Dawkins: The only thing the money can be used for from FEMA is for
repairs to the damaged property. So therefore, whether the City of Miami
makes the repairs or whether a private entity makes the repairs, the money
must go to repair the damaged marina.
Mr. Odio: Yes, sir. The difference here, Commissioner, is that this marina
no longer exists. We have completely demolished that marina. Now, we're
talking about completely rebuilding.
Vice Mayor Dawkins: I understand. I don't - even if you rebuild, it does not
seem logical to me that the federal government will say that if Miller Dawkins
is going to rehab this for $2,000,000, and FEMA gave $1,000,000, then Miller
Dawkins has to spend more than $1,000,000 to do a $2,000,000 repair, which the
federal government has given you a million dollars to do, Mr. Manager.
(INAUDIBLE COMMENTS NOT ENTERED INIO THE PUBLIC RECORD.)
Vice Mayor Dawkins: No, no, no. I'm not going through this. I'm going to
deal with the Manager only. OK now? OK. And I'm just talking to you, man to
man. I'm just saying how I don't understand it. OK? If you could explain it
to me, I don't have a problem with it.
Mr. Odio: If you have dealt with FEMA, they have very complex regulations.
On this case, I don't know, really, what we can do.
Vice Mayor Dawkins: OK, all right. Let me rephrase it, Mr. Manager. Please,
write a letter to FEMA, and have FEMA tell me through you that under no
circumstances are you allowed to use this money in conjunction with a private
firm to make the repairs. That doesn't make sense.
Mr. Odio: I'll have to check on it.
Commissioner Plummer: Mr. Mayor, my resolution...
Vice Mayor Dawkins: OK, I'm sorry. Go ahead. That's enough, Mr. Manager.
Mayor Clark: All right. Fine.
Commissioner Plummer: My resolution is flexible enough, sir, that we accept
the study, we authorize payment to this company for it, and that we ask the
City Manager to see the potential of putting out to the private sector an RFP
to find out if there is any interest in the private sector on developing such.
Mr. Odio: I will do that. The only problem we had in the past - and I just
remembered - is that because of the certain particulars we had with the Rouse
Company's contract, which does not allow monthly rentals, only transient
rentals. That was a problem we had in the past, Mr. Mayor, of having someone
from the outside come in, build and manage.
Commissioner De Yurre: Mr. Mayor, if I may ask a couple of more things.
Isn't the concept of the money that FEMA has given us to repair or to go
towards the reparation of the marina, isn't the money that they've given us is
to bring it back to the state that it was before?
84 December 16, 1993
Mr. Odio: In fact, they would tell you that if you mitigate - in other wards,
if you go a step further and you build that protective cover that we're
talking about, the bafflers, that you would get more monies, because you are
supposed to mitigate what happened before.
Commissioner De Yurre: OK. But now, so we are clear on the monies that we're
talking about, the money that FEMA has given us is to put it back to the state
that it was before. Correct?
Mr. Odio: No, to make it better.
Commissioner De Yurre: Are we getting more money than what it would have
taken to repair it?
Ms. Johnson: We are going to be applying for that, yes. That's the
mitigation monies we're talking about. There was a million -five for the,
quote, restoration, and then on top of that, we're seeking another two
million -six for... to make it better.
Commissioner De Yurre: OK. Now, is the difference between what FEMA is
giving us and what we're requesting additionally to improve the conditions, is
the difference between that and the cost of development or for making the new
facility, is it the fact that we're reshaping it and making it better, a
better facility than what it was before?
Ms. Johnson: Yes.
Mr. Odio: Yes. And we're also making it, by the way, 30 percent smaller than
it was before.
Commissioner De Yurre: So what is the difference between making it better and
getting the extra money to do that buffer and everything else? How much more
are we talking about that needs to be paid to make the new configuration, as
opposed to the old one?
Ms. Johnson: Well, when you compare the money we're seeking from FEMA, which,
you know, the million -five and the two million -six, comes to...
Commissioner De Yurre: Four point one.
Ms. Johnson: ... comes to 4.1. When we're talking roughly about a $4.7
million project, so we're really not that far off. Some of the items are
things that, you know, are general signage, some improvements to the
connections to the upland, so that it's easier, you know, access...
Commissioner De Yurre: OK. But just so that we can get to the point that I'm
trying to make, it's $600,000, the difference between what FEMA wants us to do
and what we want to do.
Ms. Johnson: Correct, just about.
Commissioner De Yurre: But otherwise...
Mr. Odio: Yes, sir, that's a fair number.
85 December 16, 1993
Commissioner De Yurre: ... the 4.1 is not our money. It's FEMA money that's
going to come in.
Mr. Odio: That's correct.
Commissioner De Yurre: And we're putting in $600,000 of our money to change
the configuration and make it a much better facility.
Ms. Johnson: Correct.
Commissioner De Yurre: Is that basically what we're looking at?
Mr. Odio: Yes, sir.
Commissioner De Yurre: So all we're saying, really, what we're looking at is
$600,000 of our money that is going to go into this project.
Mr. Odio: Yes, sir.
Commissioner Plummer: That's from the initial. The problem, Victor, that I
have, as well as doing that, is we lost a great deal of money every year in
this operation. Every year, we lost money, and it is a drain on the City
coffers. These kind of facilities... You know, if this was five years ago,
or ten years ago, there was a tremendous shortage of boat slips in this
community. You had to get on a waiting list before you bought a boat. Today,
there are boat slips everywhere available, all sizes of slips, and that demand
is not there today as it was before. The gentleman said that Miami Beach was
80 percent. I've never counted, but I don't think I've ever seen 80 percent
full at Miami Beach. Maybe 50 percent. There's no demand.
Commissioner De Yurre: Now, J.L., are we required under contract to provide a
marina or not?
Ms. Johnson: We are required to provide a first class marina.
Commissioner De Yurre: OK.
Commissioner Plummer: And that's where we can have a disagreement or
understanding of what it is.
Mayor Clark: All right. We have a resolution. Now, we'll just bring this to
a head.
Commissioner De Yurre: Mr. Mayor, my position is that for $600,000, I don't
want to get into a situation like Merrill Stevens, that has been there for
years, and nothing gets done. I think that we need to move on this, the
sooner, the better. Let's get it built, and then we can start dealing. As
far as I'm concerned, we're only talking about $600,000, and that $600,000 is
to make it a much better facility with a new configuration. So I'm willing to
go ahead with that. And if we, along the way, can find someone that wants to
take this over and provide some kind of revenue for us, that will be great.
But otherwise, we need to move on this. I don't like to have it just sitting
there, as it has for a while now.
86 December 16, 1993
1 Vice Mayor Dawkins: OK. One question, Mr. De Yurre. In the event that FF.MA
does not come up with the additional funds that you want, what are you going
to do? What are you going to do?
Commissioner De Yurre: No, this is contingent on getting those monies that
we're talking about.
Ms. Johnson: Yes, this is contingent on getting the...
Vice Mayor Dawkins: Well, no, wait now. That's not in - that wasn't said.
Commissioner De Yurre: No, that's what I'm saying now, just for the record.
That's why I broke down the cost of the different items.
Ms. Johnson: Precisely.
Vice Mayor Dawkins: All right. So then the motion or the gist of the motion
is that nothing is done until the money is in hand.
Ms. Johnson: Absolutely.
Commissioner De Yurre: That's right.
Ms. Johnson: Absolutely. The implementation of the plan means getting the
money in hand.
Commissioner De Yurre: OK. And the $600,000 is going to come from where?
Ms. Johnson: It could possibly come from the settlement monies.
Mr. Odio: I have $800,000 or $700,000 - 790 from the settlement of the case
here.
Vice Mayor Dawkins: OK. Now, but I'm hoping that whatever we pay the
consultant, that's paid from the settlement money.
Mr. Odio: Yes, sir.
Ms. Johnson: Yes, sir.
Vice Mayor Dawkins: OK. So you don't have eight hundred dollars?
Mayor Clark: Is that a motion?
Commissioner De Yurre: That's my motion.
Mayor Clark: Is there a second?
Commissioner Gort: I'll second it for discussion.
Commissioner Plummer: Mr. Mayor, obviously, I'll withdraw my motion.
Mayor Clark: All right.
87 December 16, 1993
Mr. Odio: I need to hear the motion, please, sir.
Commissioner De Yurre: My motion is that we proceed with the process, subject
to getting the monies that we're talking about from FEMA, the 4.1.
Mr. Odio: OK. May I suggest that, can we also pursue the part of the
management of...
Commissioner De Yurre: I have no problem with that. I have no problem with
that.
Mayor Clark: You're not going to manage it until you get it built.
Commissioner De Yurre: I have no problem, but I'm talking about the
construction.
Mr. Odio: Right, after it's built.
Mayor Clark: That's - first things first.
Mr. Odio: Yes.
Mayor Clark: All right. Second, is there a second?
Commissioner Gort: Second the motion.
Commissioner De Yurre: Willy seconded it.
Commissioner Gort: Under discussion.
Mayor Clark: Go ahead.
Commissioner Gort: The numbers are there. What the City would have to
provide is the $600,000; am I correct?
Mr. Odio: If we don't get the FENS, monies, then we have to come back to you
and say we did not get the money, so we have to look for alternatives.
Commissioner Gort: Right. OK.
Mayor Clark: All right. Very good. Any further discussion? Call the roll,
Madam Clerk.
88 December 16, 1993
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 93-782
A RESOLUTION ACCEPTING, IN PRINCIPLE, THE FUNDINGS AND
RECIDATIONS OF THE FEASIBILITY STUDY FOR
MIAMARINA-AT-BAYSIDE PREPARED BY I =UH LEVENI'HAL AND
COMPANY; AUTHORIZING THE CITY MANAGER TO PROCEED WITH
THE IMPLEMENTATION OF THE REDEVELOPMENT PLAN SUBS=
TO AND CONTINGENT UPON THE IDENTIFICATION/AVAILABILITY
OF NECESSARY FUNDING FOR SAID REDEVELOPMENT AND UPON
COMpLiANCE WITH ALL APPLICABLE CITY CHARTER AND CODE
PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
C( UM I!S MADE DURING ROLL CALL:
Commissioner Plummer: Wait a minute. I don't get to vote? Oh, I don't get
to vote?
Ms. Matty Hirai (City Clerk): Certainly. I said - I...
Commissioner Plummer: Well, for the record, prior to casting my vote, I will
be around to watch the City taxpayers' dollars go in to subsidize one more
facility that will lose its shirt, as it has in the past. I vote no.
89 December 16, 1993
104
------------------------------------------------------------------------------
32. (A) CITY COMMISSION EXPRESSES OPPOSITION TO THE CONCEPT OF
CONSTRL=ING A NEW ARENA.
(B) APPOINT NEGOTIATION TEAM TO EXPLORE VIABLE OPTIONS FOR RETAINING THE
MIAMI HEAT IN THE MIAMI ARENA -- DIRECT NEGOTIATION TEAM TO REPORT
BACK AS TO ALL FINAL AGREEMENTS REACHED PRIOR TO RATIFICATION AND
APPROVAL BY THE CITY COMMISSION -- INSTl7Xr ADMINISTRATION TO BRING
THIS ISSUE BACK FOR UPDATE BY END OF JANUARY. (Appointed were:
Mayor, Stephen P. Clark [representing the City Commission], and City
Manager, Cesar Odio [representing City Administration]; a third
member to be appointed by the Miami Sports & Exhibition Authority,
as well as a representative from the Miami Heat, Metro -Dade County,
and the State of Florida.)
------------------------------------------------------------------------------
Mayor Clark: Ladies and gentlemen, we're going back to item number 12. The
hour is 11:23.
Commissioner Plummer: What's 12?
Mayor Clark: Item number 12 is the Heat.
Commissioner Plummer: Oh.
Mayor Clark: The arena. I want you to listen very carefully. I don't know
whether you received a copy of the letter from the Miami Heat, as I did this
morning. I don't know why it took so long to get here, but it's here now.
And I have these comments before I make a motion. In my possession, I have
this letter from the Miami Heat stating that they have not changed their
position as it relates to the Miami Arena, and that they want to continue
talks with the City and the County to pick a site for the construction of
their new downtown arena. The Heat also states in paragraph 4 of their letter
that the County and City Commissions have directed their Managers to negotiate
with them to build a new arena. I regret to inform the Heat that this is
simply not true. I have in my possession both the City's and County's
resolutions. I offer you a copy of those right now. And make sure that it's
the City and the County resolutions. The City's resolution directs our
Manager to work with the County Manager to keep the Heat in the City of Miami.
Now, the County's resolution directs their Manager to negotiate with all
interested parties to retain an NBA (National Basketball Association)
franchise in Dade County, and to utilize his best efforts to keep the Heat in
downtown Miami. Nowhere in these resolutions does it state that the City or
the County have directed their respective Managers to negotiate with the Heat
for a new downtown arena. In addition, the Heat states in their letter that
previous studies on the expansion of the arena will not generate enough
revenues for a sports franchise to survive by the end of the century. I have
read two of these studies, and do not recollect any statement that that effect
is in either study. Nevertheless, the purpose of item number 12, which I put
on the agenda today is to clearly state that it is a priority of this
Commission to retain the Heat in the Miami Arena. Considering that the
taxpayers of this comrminity have a $53,000,000 public investment in the Miami
Arena, and the fact that the arena was built for the specific purpose of
90 December 16, 1993
bringing the Heat to Miami, I believe that this is the only reasonable and
responsible position the City can take. Before any discussions take place
with the Heat or anybody on the proposition of a new arena in downtown Miami,
the Heat should negotiate with the City in good faith to thoroughly examine
the expansion of the Miami Arena as a means to keep the Heat in downtown
Miami. In fact, I believe that the negotiation team of the City should only
have authority to negotiate on the expansion of that arena at this time. Our
negotiation team must have clear direction on the priorities and interests of
this Commission before negotiating with anyone. If they do not get adequate
direction, I fear the City and the taxpayers of our community will be at a
disadvantage in any negotiations that take place. Having said all of that, I
firmly believe that our priority should be to keep the Heat in the Miami
Arena, and that negotiations should begin soon, so that timely decisions can
be made on this issue. I want to amend my original resolution as follows - I
believe you all have a copy of it. In the "whereas," in Section 2:
"The City of Miami is opposed to considering the construction of a
new arena for the Miami Heat until such time that the Miami Heat
negotiates in good faith to stay in the Miami Arena, and with all
viable options to retain the Miami Heat in the Miami Arena after
its ten-year term has been exhausted."
Section 3: "A negotiation team is hereby appointed consisting of
a member of the City Commission or its designee, the City Manager
or his designee, and a designee of the Miami Sports and Exhibition
Authority to negotiate on behalf of the City of Miami and the
Miami Sports and Exhibition Authority with all the interested
parties, including but not limited to the Miami Heat; Decoma Miami
Associates, Incorporated; Metropolitan Dade County, and the State
of Florida, to retain the Miami Heat in the Miami Arena. No
negotiations involving the construction of a new arena in the City
of Miami shall be conducted by the negotiation team without prior
approval of this City Commission. The negotiation team shall only
seek such approval from the City Commission at such time the
negotiating team is convinced that there's no viable options for
retaining the Miami Heat in the Miami Arena. The negotiation team
shall have the exclusive authority to negotiate on behalf of the
City of Miami, and shall report back to this Commission, the City
Commission, on any and all final negotiations. All final
negotiations shall be ratified and approved by the City Commission
of the City of Miami."
Mr. Chairman, I'd like to pass the chair to you, Mr. Dawkins. I move this
item. I believe this is one of the best scenarios that can take place at this
present time.
Vice Mayor Dawkins: It's been moved. Is there a second?
Commissioner Gort: I'll second it.
Vice Mayor Dawkins: Second. Discussion, please.
Commissioner Plummer: Discussion. Mr. Mayor, it says here...
91 December 16, 1993
Vice Mayor Dawkins: Wait. Willy, you - I recognize Willy, not you.
Commissioner Plummer: I'm sorry.
Vice Mayor Dawkins: I'm recognizing Willy.
Commissioner Plummer: Oh, I'm sorry.
Vice Mayor Dawkins: Then I will recognize you.
Commissioner Plummer: Go ahead.
Vice Mayor Dawkins: Go ahead, Mr. Gort, please, sir.
Commissioner Gort: Well, I believe we're showing good faith. And I was part
of the original team that put the arena together. I was one of the founding
members of the board, and we went through a lot of work to put - and as I
recall, we had certain agreements with the managing company. They showed up
and came up with the $7,000,000 when we originally started this. And I think
we need to negotiate in good faith. I think all of us want to keep the arena
in here. But at the same time, I think we're being played between the City
and County, and one of the things we talked about is, when we go into the
community, we're going to work in a team and we would work collectively, and
we cannot work by ourselves. I think the County and the State should all be
involved in this. And I think the Mayor's... whatever that resolution is, it
will do that, and I am in agreement with that.
Vice Mayor Dawkins: Mr. Plummer.
Commissioner Plummer: Two things I have. Mr. Mayor, I ask you, sir, at the
bottom of page 1: "The negotiating team shall have exclusive authority to
negotiate on behalf of the City." Sir, then it goes on to say - which gives
me a little comfort - "All final negotiations shall be ratified and approved
by the City."
Mayor Clark: True. It must be.
Commissioner Plummer: I understand that, but excuse me. It says in the first
instance: "The negotiating team shall have exclusive authority to negotiate
on behalf of the City."
Mayor Clark: Well, you've got to give...
Commissioner Plummer: OK, but if you say it's not binding until the
Commission ratifies, then I'm comfortable. OK?
Mayor Clark: That's right, exactly. Absolutely, it's in there.
Commissioner Gort: We'll change the wording.
Commissioner Plummer: OK. Second of all, I'm not comfortable in voting for
this resolution until I know who the three parties are.
92 December 16, 1993
Vice Mayor Dawkins: You can't vote for the three parties until you approve
the Commission. Now, make up your mind. What canes first, "the chicken or
the egg?"
Commissioner Plummer: Well, how about scrambling some?
Vice Mayor Dawkins: All right. So.I - all right.
Commissioner Plummer: My point here - excuse me, excuse me, Mr. Dawkins.
Vice Mayor Dawkins: Wait a minute, wait a minute. Go ahead now. You have
the floor, sir.
Commissioner Plummer: Mr. Dawkins, I think I'm entitled to know who would
serve on this committee. OK. You are - but we do not have a committee until
we pass the resolution, I think, now. I don't know. Ask the City Attorney,
now. Ask the City Attorney.
A. Quinn Jones, III, Esq. (City Attorney): That's correct. You've got to
approve this. What you'd be doing is approving the establishment of the
Committee.
Vice Mayor Dawkins: That's right.
Mr. Jones: So you've got to establish the committee before you place
individuals on it.
Vice Mayor Dawkins: Before you discuss individuals.
Commissioner Plummer: Mr. City Attorney, I'm not going to sit here and argue
with you, but you have seen too many resolutions in this Commission, in which
at the same time the vehicle was created, the driver was named, and there's
nothing avoiding that.
Vice Mayor Dawkins: Yeah, but you didn't have this chair. You didn't have
this chair at that moment.
Commissioner Plummer: OK. Go ahead.
Vice Mayor Dawkins: This chair rules differently.
Commissioner Plummer: Go ahead. If I have to, I'll fight the next battle
next.
Vice Mayor Dawkins: OK. So are you moving it? You moved the resolution?
Commissioner Plummer: It was already moved. The Mayor moved it. It's his.
Vice Mayor Dawkins: OK. Well, you second. It's moved and seconded.
Ccrrmissioner De Yurre: I'll say a couple of words, if I may, whenever I can.
Vice Mayor Dawkins: OK.
93 December 16, 1993
Commissioner Plummer: Just it's my understanding that the City of Miami is
Opposed to any consideration, and this is strictly a negotiation, and there
is, at this point, nothing more than setting forth a team to go and to
negotiate with the Heat, absolutely nothing more.
Vice Mayor Dawkins: That's correct. You are correct.
Commissioner Plummer: I can vote for that. We've already really voted for
it.
Vice Mayor Dawkins: Call the roll - no, any further discussion?
Commissioner De Yurre: Yes.
Vice Mayor Dawkins: Yes, sir, go ahead.
Commissioner De Yurre: Just for the record, because I got thrown into this
starting this last Monday when I received a call from, Louis Schaffel, and then
I had a conversation at the Houston Rockets game with Joel Arnold, counsel,
and also Pauline Winnick was hanging around there talking to us in and out.
And my conversation with Louis, even though this letter - I'm certain it was
written probably by Joel, because it's quite difficult to understand exactly
what they mean by this, so I'm sure an attorney had to prepare it - but my
feeling in the conversations that I had with Louis and Joel were that they
feel that based on the studies that have come out that there is really no
viable way of getting what they need at the Miami. Arena, which does not mean
that they totally have blocked out the concept of staying at the Miami Arena
beyond their ten-year lease. It's just a matter of they just don't have
faith in believing that something can be done. We, in turn, are in a position
that we can show that something can be done, and that is the position that we
should be. We have to exhaust all of our possibilities with the existing
facility before we can ever entertain the construction of another competing
facility in downtown Miami, or anywhere where we have a voice. So certainly,
I feel - and I am in accord with the motion the way it's presented now. And
hopefully, because in order to negotiate, the Heat has to participate in the
negotiation process. We can prepare whatever vehicle we want here, but if the
Heat does not want to negotiate at all, then we're left standing without
anyone to deal with. Which means, as I understand this, Mr. Mayor, that until
we have exhausted in good faith our ability to make something happen at the
Miami Arena, our position will be that we are not going to entertain any other
construction of any new facility.
Mayor Clark: Until we have completely exhausted all of the avenues.
Commissioner De Yurre: That's right. So the message to the Heat is...
Mayor Clark: It states that in the resolution.
Commissioner De Yurre: OK. So the message to the Heat is: If you don't sit
down to negotiate with us, then we will never get beyond this point, and we
will not be in a position to entertain any new facility.
Mayor Clark: Well, if they proceed in good faith, as we are proceeding in
good faith - we're not challenging them in any respect.
94 December 16, 1993
Commissioner De Yurre: That's right.
Mayor Clark: I believe we can accomplish an awful lot and save the taxpayers
$50,000,000.
Vice Mayor Dawkins: I'm at a loss to understand what Commissioner De Yurre is
saying, because if the Heat does not negotiate, we do not have anything going.
So why is Commissioner De Yurre saying that if we do not negotiate with the
Heat, we don't have anything going? Of course, we don't. But the Miami Heat
has to come to the table with clean hands, also.
Commissioner De Yurre: That's the idea.
Vice Mayor Dawkins: Yeah, but just don't sit here and make it look like the
City of Miami has to go begging to the Miami Heat and say, "Whatever you want,
we're going to give it to you." No.
Commissioner De Yurre: No, no, that's not - I haven't said that at all.
Vice Mayor Dawkins: OK. Well, please clear me up, because that's the
understanding I have.
Commissioner De Yurre: Don't worry about it.
Vice Mayor Dawkins: OK. All right. No further discussion. Any further
discussion? Call the roll, Madam Clerk.
The following resolution was introduced by Mayor Clark, who moved its
adoption:
RESOLUTION NO. 93-783
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
I ITS OPPOSITION TO THE CONSTRUCTION OF A NEW ARENA IN
THE CITY OF MIAMI AND APPOINTING A NEGOTIATION TEAM TO
NEGOTIATE WITH ALL INTERESTED PARTIES.
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
95 December 16, 1993
Ca44ENTS MADE DURING ROLL CALL:
Commissioner Plummer: I see... think it's a step in the right direction.
It's showing good faith on behalf of this Commission, and I vote yes.
CCMMENIS MADE AFTER ROLL CALL:
Commissioner Plummer: I now nominate Mayor Clark to be from this Commission
as a negotiating partner.
Vice Mayor Dawkins: I second.
Commissioner Plummer: Who would you want...
Vice Mayor Dawkins: Wait, now, wait. You have to get this one first.
i
Commissioner Plummer: Well, there's three, right?
Vice Mayor Dawkins: Yeah, but we...
Commissioner De Yurre: Let's get the Mayor first.
Vice Mayor Dawkins: Yeah, but we have to get ours, and then we worry about
his.
Commissioner Plummer: Huh?
Vice Mayor Dawkins: Go ahead. Go ahead. I'll let you go ahead.
Commissioner Plummer: We nominate one from here.
Vice Mayor Dawkins: Yes.
Commissioner Plummer: Does the Heat - does the Sports Authority nominate
their own, or do we?
Vice Mayor Dawkins: No, the Sports Authority nominates their own.
Commissioner Plummer: Do we have the approval over it?
Vice Mayor Dawkins: No.
Commissioner Plummer: See, that's where I had a problem.
Vice Mayor Dawkins: Well, see, now you...
Commissioner
Plummer: Look,
let's admit the truth.
What I read in the
paper - I've
never been to a
Sports Authority meeting
- but there are some
people there
that absolutely
cause a bristling of the
Heat. And if one of
those are appointed, I think
we're wasting our time.
That's why I say -
that's why I
asked before, who were the appointees?
Vice Mayor Dawkins: OK. Well, J.L. Plummer, as chairman of the Miami Sports
and Exhibition Authority, I am aware of what you are saying, and I'm also
96 December 16, 1993
aware that everybody who served on the Sports Authority has a minimum amount
of intellect, and we wouldn't dare appoint an individual who would "ruffle the
feathers" of the Heat, if we are trying in good faith to move forward.
i
Commissioner Plummer: That means that they're going to have a change of
posture from this day forward.
Vice Mayor Dawkins: "They," who?
Mayor Clark: Better have. Better have.
Vice Mayor Dawkins: "They," who?
Commissioner Plummer: Whoever is that appointee.
Vice Mayor Dawkins: Yes. Oh, yes.
Commissioner Plummer: OK. So there's one appointee from this Commission.
Vice Mayor Dawkins: Yes.
Commissioner Plummer: There's one from the...
Vice Mayor Dawkins: The Manager.
Commissioner Plummer: ... Sports Authority.
Vice Mayor Dawkins:
And one from the Manager.
Commissioner Plummer:
There's one from the Manager.
Vice Mayor Dawkins:
And that's it.
Commissioner Plummer:
I thought the City Attorney...
Vice Mayor Dawkins:
No.
Commissioner Plummer:
No, OK. OK.
Vice Mayor Dawkins:
So you nominated...
Commissioner Plummer:
I nominated Mayor Clark.
Vice Mayor Dawkins: And I second it. Call the roll, Madam - Mr. Clerk.
Mayor Clark: Shaw me abstaining, Madam Clerk, please.
Commissioner Plummer: That scares me. That scares me.
Mayor Clark: I'm just not going to vote for myself.
Vice Mayor Dawkins: Oh, yeah.
Ms. Matty Hirai (City Clerk): I am sorry, Mr. Mayor. I couldn't understand.
97 December 16, 1993
A. Quinn Jones, III, Esq. (City Attorney): Mr. Mayor...
Mayor Clark: Well, when the vote comes up...
Ms. Hirai: For the vote...
Mayor Clark: I abstain on the vote.
Ms. Hirai: You're abstaining.
Commissioner Plummer: Steve, you have a problem if you abstain, you got to
fill out all kinds of forms.
Mayor Clark: All right. Fine. Call me, I'll vote.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-784
A RESOLUTION APPOINTING MAYOR STEPHEN' P. CLARK AS THE
CITY COMMISSION'S DESIGNEE TO THE NEGOTIATION TEAM
ESTABLISHED TO NEGOTIATE WITH ALL INTERESTED PARTIES,
TO RETAIN THE MIAMI HEAT IN THE MIAMI ARENA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
98 December 16, 1993
Commissioner Plummer: May I ask, Mr. Mayor, your idea, since this was your
idea, could we set a deadline? Are we talking about February?
I
Mayor Clark: I think we're going to go to work right quick, J.L. We're not
going to wait till February for a deadline.
Commissioner Plummer: Ninety days?
Mayor Clark: I would think that if we can't move something out there in 30 or
45 days, then we're not going to move...
` Commissioner Plummer: OK, that's fine. It's just...
Mayor Clark: ... heaven or hell.
Commissioner Plummer: All right. Can we attach to the motion, just so that
everybody knows that there is a 90-day deadline?
Commissioner De Yurre: Well, we can just bring it back at the end of January
for an update on how things are going.
Commissioner Plummer: That's fine. That's fine. I just don't want this
thing to go on ad infinitum.
Mayor Clark: We'll do it as quick as possible.
Commissioner Plummer: Mr. Manager, are you prepared to make your appointment?
Mr. Cesar Odio (City Manager): Yes, me.
Commissioner Plummer: You.
Mr. Odio: I will work with the Mayor.
Commissioner Plummer: That's good.
Mayor Clark: All right. On item 13...
Vice Mayor Dawkins: Wait. The Sports Authority, we meet on the 21st. I will
have them select a representative, and I will send it to you, the name, by
memo forth.
Commissioner Plummer: Thank you, sir.
Vice Mayor Dawkins: OK.
Mayor Clark: We will diligently work in the sunshine, totally, to make sure
that we come back with the best agreement we can for the Miami Heat and the
Miami City Commission, and the County Commission. They're a player in this
game. They're also included in the resolution.
Commissioner Gort: My understanding is we're going to extend an invitation to
the State and to the County.
99 December 16, 1993
Mayor Clark: Absolutely, all of them.
------------------------------------------------------------------------------
33. BRIEFLY DISCUSS AND DEFER CONSIDERATION OF PROPOSED RESOLUTION TO URGE
MIAMI SPORTS AND EXHIBITION AUTHORITY AND DECOMA ASSOCIATES, LTD. TO
ENGAGE SERVICES OF A CONSULTANT TO CANIDUC1' A FEASIBILITY / ENGINEERING
STUDY TO EVALUATE POSSIBLE RENOVATIONS TO THE MIAMI ARENA.
Mayor Clark: On item 13, this urgent Miami Sports and Exhibition Authority,
Decoma, to engage services on a consultant.
Commissioner Plummer: I'll defer that, Mr. Mayor.
Vice Mayor Dawkins: Second.
Mayor Clark: All right. Ladies and gentlemen, we have 11 minutes to 12
o'clock, do you want to proceed?
------------------------------------------------------------------------------
34. DISCUSS AND TEMPORARILY TABLE PROPOSED FIRST READING ORDINANCE TO AMEND
CODE CHAPTER 54 (STREETS AND SIDEWALKS), BY AMENDING SECTION 54-104
(NONSTANDARD STREET WIDTHS), BY MODIFYING THE WIDTH OF ROYAL ROAD
(BETWEEN MAIN HIGHKAY SOU.IEASTERLY TO ITS TERMINUS AT BISCAYNE BAY).
(See label 57)
Vice Mayor Dawkins: Mr. Mayor, before I have one... I need a point a special
privilege. I explained to a gentleman that as of today there will be no
pocket items. Therefore, nobody has scheduled pocket items. But, this
gentleman wanted to be heard, so I ask the indulgence of the Commission that
they hear this gentleman...
Mayor Clark: Bring him forward.
Vice Mayor Dawkins: Mr. Jack Wise, please.
Mayor Clark: For the record, your name and address please.
Commissioner Plummer: Mr. Mayor, if I may, I was the reason for him to having
to come here. If the Fire Chief is here, and the Fire Chief will tell me what
Mr. Wise said on the record, it will be very quickly. At the last meeting, I
said that I could not vote to have the Fire Chief, on record, that he opposed
the closing or whatever with this street, and would want an indemnification of
the people on that street, that if they couldn't and their house burn dawn.,
they wouldn't hold the City. Now, Mr. Weiss called me and told me that the
Fire Chief had withdrawn his objections, that they took a fire truck down that
street and that in fact was not a problem. If the Fire Chief would tell me
that on the record, I'll make the motion, or my colleague can make the motion.
Fire Chief, the statement made to me by Mr. Weiss was that you no longer
100 December 16, 1993
object to what they are trying to do on Royal Road, is that a correct
statement?
Chief Gimenez: That's correct.
Commissioner Plummer: I move the item, Mr. Mayor.
Vice Mayor Dawkins: Second. All right, call the roll, Madam Clerk.
Commissioner Plummer: That was the item relating to Royal Road.
Mr. Jim Kay: That was the first reading of the reduction street width of an
ordinance.
Commissioner Plummer: If it's first reading, then you've got to have a
reading of the ordinance. It's not today. It was in the last meeting. All
right, we'll do it this afternoon, Jack.
Vice Mayor Dawkins: OK.
Mr. Jack Wise: All right, thank you.
------------------------------------------------------------------------------
35. (Continued discussion) REJECT ALL BIDS RECEIVED IN CONNECTION WITH THE
FURNISHING OF VEHICLE TIRES AND TUBES -- DIRECT ADMINISTRATION To REBID
SAID ISSUE IN ORDER To ENSURE THAT A MINIMUM OF THREE BLACK BIDDERS BE
GIVEN THE OPPORTUNITY TO PARTICIPATE IN CONNECTION WITH THIS BID. (See
label 16)
Mayor Clark: Just a moment, sir. Mr. Dawkins has a motion on item 20. I
know we want to try get that back here, but you have another motion, item 23,
sir. Please.
Commissioner Plummer: Oh, yeah. OK.
Vice Mayor Dawkins: My motion is to throw out the bids and rebid, and I will
take the bid to three black contractors who sell tires and see that they bid,
since nobody else does not seem to be able to find them. The gentleman...
Where is the gentleman who was here, Mr. Balboa? Mr. Balboa, we are going to
rebid, sir, and you'll be in good shape.
Mayor Clark: OK, motion to that effect?
Vice Mayor Dawkins: Yes, sir, go ahead.
Mr. Humberto Olivera: We made an agreement.
Vice Mayor Dawkins: Yeah, but see, you made an agreement, but you still left
me out.
Mr. Ron Williams (Assistant City Manager): We can work with the Vice Mayor on
that.
101 December 16, 1993
Vice Mayor Dawkins: No, no, no, fine. Fine, OK. Thank you.
Mayor Clark: OK, motion to...
Vice Mayor Dawkins: Throw it out, to rebid. The rebid.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark: Call the roll.
Commissioner Plummer: Oh, excuse me, let me understand, now. My
understanding is that this gentleman agreed to bring his prices exactly the
same as the State bid, is that correct?
Mr. Cesar Odio (City Manager): Yes, sir.
Commissioner De Yurre: Oh, can we do that legally.
Vice Mayor Dawkins: Yeah, but how is that legal?
A. Quinn Jones III, Esq. (City Attorney): My understanding is...
Vice Mayor Dawkins: Then you would have to tell everybody else so that they
can bring theirs in.
Commissioner Plummer: It's not... It is not in competition with another
bidder, I mean, it is the State of Florida, it's not like a normal bidder.
Mr. Jones: The scenario discussed...
Mayor Clark: Motion on the floor to throw the bids out, call the roll, Madam
Clerk.
Commissioner De Yurre: Mr. Mayor, if I may because this throws a monkey ranch
into this thing. What is the reason for throwing out the bids?
Vice Mayor Dawkins: Because I keep asking them to send the bid to black
vendors, and they keep refusing to do this. So, this time I'll like to get
the bid and take it to these myself, and see that they bid, that's all I ask.
Commissioner De Yurre: Well, can we just bring that gentleman in and say;
"Hey, do you think you can come close to this or not?" Because then we are
wasting our time.
Mayor Clark: No, not now, all bids are already in.
Commissioner Plummer: That you cant' do.
Commissioner De Yurre: Well, if you are going to throw it out to get the same
results again after the man is not going to bid...
102 December 16, 1993
Vice Mayor Dawkins: Whatever you all want to vote for. But, I go through
this each year. You've been here, you've seen me go through it as long as
you've been here.
Mayor Clark: Please.
Commissioner Gort: Mr. Mayor.
Mayor Clark: Mr. Gort.
Commissioner Gort: On discussion, the motion...
Mr. Olivera: Mr. Mayor.
Commissioner Gort: ...as part of the RFP (Request for proposal), are we
allowed to throw... I see that...
Commissioner Plummer: Always.
Commissioner Gort: Always.
Commissioner Plummer: Always reserve that right.
Commissioner Gort: OK, no problem.
Mayor Clark: We had a motion on the floor to start over again.
Mr. Olivera: Well, the point is that we already bid.
Mayor Clark: I know, sir.
Mr. Olivera: Now, everybody else knows what I am going to bid next time.
Mayor Clark: All the other bids are out too, they're gone. That's the motion
by Mr. Vice Mayor Dawkins. Call the roll, Madam Clerk.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 93-785
A RESOLUTION REJECTING ALL BIDS RECEIVED BY THE CITY
IN CONNECTION WITH THE FURNISHING OF VEHICLE TIRES AND
TUBES ON A CONTRACT BASIS FOR THE DEPARTMENTS OF
GENERAL SERVICES ADMINISTRATION AND SOLID WASTE AND
FIRE -RESCUE, BID NO. 92-93-158; FURTHER DIRECTING THE
CITY MANAGER TO SEEK NEW BIDS BASED ON SUCH
SPECIFICATIONS AS HE DEEMS APPROPRIATE FOR THE
PROCUREMENT OF SAID VEHICLES TIRES AND TUBES AND TO
BRING BACK SAID SOURCES AND SPECIFICATIONS TO THE CITY
caviSSION FOR REVIEW AND APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
ABSENT: None.
------------------------------------- ----------------------------------------
36. APPROVE MIAMI SPORTS AND EXHIBITION AUTHORITY'S BUDGET FOR FISCAL YEAR
1993-94.
------------------------------------------------------------------------------
Mayor Clark: Mr. Plummer asked that 36 be deferred, did you not?
Commissioner Plummer: No, sir, I will make a motion that 36 be approved
subject to the presentations of the documents that I've requested through memo
of Commissioner Dawkins yesterday; that the minute that those documents are
provided to my office, that the budget is approved. And, if it is under those
circumstances, I would move for that approval at this time.
Commissioner De Yurre: I'll second that.
Mayor Clark: Call the roll.
104 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-786
A RESOLUTION, WITH ATTACi N=, APPROVING THE FISCAL
YEAR 1993-94 ADMINISTRATIVE BUDGET OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY, ATTACHED HERETO AND MADE A
PART HEREOF.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Commissioner Plummer: And, Mr. Mayor, for the record, Mr. Manager, I will
notify you when those documents have been received, and then understanding
until such time that those documents are received, that the budget is still in
limbo. OK?
Mayor Clark: Is that right?
Commissioner Plummer: You understand that, Mano?
Mr. Cesar Odio (City Manager): Yes.
------------------------------------------------------------------------------
37. DISCUSSION CONCERNING COMMITTEE WHICH WAS FORMED TO STUDY EXEMPT
TAXATION PROPERTIES. (Note: Three appointments have already been made;
pending still are appointments to be made by Mayor Stephen P. Clark and
Commissioner Gort.)
Commissioner Plummer: Thirty-eight, Mr. Mayor, we talked about, prior to you
and Mr. Gort coming on the Commission, to give you - I gave you this during
the campaign, so, I am really preaching to the choir - that approximately 25
percent of our ad -valorem taxation base is tax-exempt. We are aware that
there was a program in Boston in which the City went to the community and did
it on a friendly solicitation of making an understanding that, "Hey guys, the
City can't afford to continuously tax-exempt property, and to in fact, provide
the municipal services that you expect of us. We have talked about before,
105 December 16, 1993
and we had appointed committee, one member each of this Commission, to study
the same as the Boston or any other plan. Remembering that we have a taxable
assessable base of roughly 14 billion dollars, and over four billion of that
is tax-exempt. I don't know of any other city out of the 412 in the State of
Florida that is saddled with that kind of numbers.
Mayor Clark: You are right.
Commissioner Plummer: We ask, or I would ask today that you and Mr. Gort,
appoint a member to that committee. Commissioner Gort (sic), Dawkins, and I
have already done such, so that that committee can get started and get moving
hopefully addressing the problem before our budget upcoming in October. So,
that was the reason that I put it on the agenda, nothing has been done on it,
awaiting hopefully your...
Mayor Clark: We'll be right back with you, J.L.
Commissioner Plummer: ...your members to get this into the move.
Commissioner Gort: You want friendly persuador.
Commissioner Plummer: I'm sorry?
Commissioner Gort: You want a friendly persuador.
Commissioner Plummer: Yeah, that's what you...
-----------------------------------------------------------------------------
38. APPROVE FUNDING FOR ECONOMIC ' DEVELOPMENT, COMMUNITY BASED ORGANIZATIONS
FOR REMAINDER OF THEIR FISCAL YEAR.
Mayor Clark: Let me ask you this, Madam Clerk, did we act on 35?
Ms. Matty Hirai (City Clerk): No, sir. Not yet.
Mayor Clark: This is discussion of funding Economic Development Community
Base Organizations for the remaining of the year. Is there any discussion on
that, Mr...
Mr. Cesar Odio (City Manager): I would recommend it, Mr. Mayor. They do have
obligations on salaries that they have to pay, and we need to approve them so
that...
Commissioner Plummer: All right, one question I have on that, and that is
where are we on the Wynwood?
Mr. Odio: Still recommended for no funding.
Commissioner Plummer: Well, now you see, you don't tell me that here.
Mr. Odio: They are not recommended.
106 December 16, 1993
Mr. Frank Castaneda: Let me explain. Wynwood Economic Development is not
recommended. Again, we are also recommending to stop funding three agencies.
One is the Park West Association which we have never given any money to them.
The other agency is the Haitian Task Force, and the Haitian American
Foundation.
Commissioner Plummer: OK. What about the Downtown Task Force?
Mr. Castaneda: The DMBA (Downtown Miami Business Association) is now called
Downtown Miami Partners...
Commissioner Plummer: Wait, wait, wait. What is the DMBA?
Mr. Castaneda: Downtown Miami Business Association, they are now called...
Commissioner Plummer: Does that exist today?
Mr. Odio: Yes, they are called Downtown Miami Partnership.
Mr. Castaneda: They are called Downtown Miami Partnership.
Commissioner Plumper: OK. So, the DMBA is gone.
Mr. Castaneda: No, no, no. Well...
Commissioner Plummer: That's correct. Now, what... Excuse me. How much is
that group anticipated to get?
Mr. Castaneda: They are getting $50,000 a year, we are extending the contract
for three months so that will be $12,500.
Comni.ssioner Plummer: Excuse me. Are you aware that the Downtown Partners
don't have an executive director?
Mr. Castaneda: Yes, I am aware of that.
Commissioner Plummer: And you are going to be giving them money without any
organization, no executive director? Doesn't make sense to me.
Mr. Castaneda: Well, they have a board, they have staff, and I understand
that they...
Commissioner Plummer: The last time I checked... And, excuse me, I am all in
favor of that organization, but the last time I checked, sir, they do not have
staff. And, I would be looking to you to make damn sure that when you give
them a check, OK, that there is staff and something that we can monitor.
Mr. Castaneda: Yes. Definitely, Commissioner.
Commissioner Plummer: OK.
Mr. Castaneda: They do have staff. For your information her name is Jossie
Correa.
107 December 16, 1993
ry� iyy.+lr�
Commissioner Plummer: She's been hired in the last week.
Mr. Castaneda: No, no, she has been there for a number of years. She was
assistant director...
Commissioner Gort: She is part of the DMBA.
Commissioner Plummer: OK. Mr. Castaneda, are you standing there telling me,
sir, that all of the CBOs (Community Base Organizations) that you are
recommending here are fully in compliance with auditing, documentation, and
that none of them are like what you did to us "last year of making comments
that they've not done a good job but we are still going to recommend them?
That you have done an evaluation, and that all of these CBOs are in fact have
done what they promised last year, and because of that, you are recommending
that they be funded this year.
Mr. Castaneda: That's is correct, Commissioner. And, that is why we are
recommending... We are not recommending three of the agencies.
Commissioner Plummer: OK.
Mayor Clark: All right, the motion?
Commissioner Plummer: Sir, I'll be glad to make the motion.
Commissioner De Yurre: Second.
Mayor Clark: Seconded by Mr. De Yurre. Any further discussion?
Commissioner Plummer: Yes, sir, I made the motion.
Mayor Clark: Call the roll, Madam Clerk.
108 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-787
A RESOLUTION WITH ATTACHKMIS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AMENEMENI'S EXISTING AGREEMENTS IN
SUBSTANTIALLY THE ATTACHED FORM, WITH TEN (10)
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANIZATIONS, FOR
THE PERIOD OF JANUARY 1 THROUGH MARCH 31, 1994, FOR
AMOUNTS SPECIFIED HEREIN, TO CONTINUE DTLMMATION
OF ECONOMIC DEVELOPMENT PROGRAMS, SUBJECT TO
PROVISIONS CONTAINED HEREIN, ALLOCATING FUNDS THEREFOR
FROM THE NINETEENTH (19TH) YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FOR SAID PROGRAMS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Mayor Clark: You know, it's very important that you follow through with all
of this information to Commissioner Plummer. Because, this is a lot of
government money. And, what they can do is cane back and wipe out the whole
thing, all the good will be pushed with the bad.
Commissioner Plummer: Well, Mr. Mayor, just for your information, what
bothered me last year, and I am not trying to find fault with Frank, because
God knows he's got enough to say grace over, but you know, to cone back here
and say that they didn't have their auditing in last year, they didn't have
their records complete, yet, recommend them for another year, isn't the way I
do business. To me, you get everything done.
Commissioner Gort: Mr. Mayor, if I may make a comment? One of the things
that we talked about when we go into the different neighborhoods and visiting
to the NET (Neighborhood Enhancement Teams), this is something they would like
to see go through the NET also, so that we can get the recommendation fran the
109 December 16, 1993
K
people in that community, that the service are being provided by those. I
think that ° s very important. And, those that are not providing the service,
we got to take their funding away, and look for alternative agencies.
Mr. Clark: Without questions.
------------------------------------------------------------------------------
39. ALLOCATE NOT To EXCEED $50,000 FOR CROWD RETAINING FENCE AT BAYFRONT
PARK AMPHITHEATER (REQUIRED BY FIRE DEPARIMENT).
Commissioner Plummer: Mr. Mayor, I would like to move item 39. I have
discussed this item with the Manager. It is a safety item which...
Vice Mayor Dawkins: Second.
Commissioner Plummer: ...and, with a number not to exceed $50,000.
Vice Mayor Dawkins: Call the roll.
Mayor Clark: Call the roll.
Commissioner Plummer: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-788
A RESOLUTION APPROVING THE PLJRIaME OF A CROWD
RETAINING FENCE, AS REQUIRED BY THE DEPARTMENT' OF
FIRE -RESCUE, FOR THE AT&T AMPHITHEATER AT BAYFRONT
PARK, LOCATED IN THE MILDRED AMID CLAUDE PEPPER
BAYFRONT PARK, WITH THE COST OF SAID FENCE NOT TO
EXCEED $50,000.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
110 December 16, 1993
------------------------------------------------------------------------------
40. APPROVE ENTERING INTO SISTER CITY AGREENlE TS WITH MIRANDA, VENEZUELA,
AND SOUSSE, TUNISIA.
Mayor Clark: Item 40.
Commissioner De
Yurre: Mr.
Mayor, this item has to do with my desire for the
City of Miami
to begin
a formal procedures to
create a sister city
relationship with two cities, Miranda in Venezuela,
and Sousse in Tunisia.
And, I have Mr.
Jimenez who
is here representing the
City of Miranda, and we
feel that... I've visited
both cities, there is a
lot in camion with both
communities and
Miami, and
I would like to recommend
that we proceed in this
matter.
Mayor Clark: All right, I would like to comment on that, Mr. De Yurre, just a
moment. You know, the County of Dade has a very very active Sister City
Committee program with the coordinating council, with all the different
committees that are necessary to really make it work. We plan right after the
first year to include these two, and make this sister city program of the City
of Miami as good if not better than the County's. And we had an excellent
program, and I am planning to come back with the recommendations to my
colleagues on this Commission, it's not going to cost a lot of money or
anything like that. This is a purely a voluntier operation, but it's one of
the greatest concerning education, economics, many other things concerning our
sister city program, and we are really put it in high gear. Everybody is
going to be included. Have chairmanships of different ones.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: I would hope that you would appoint a committee. I
headed up Sister City for this City for the past 20 years. Some of the...
laying the card right on the table, some of the sister cities were appointed
that never really went through SCI (Sister City International) which is the
governing body that issues the charter.
Mayor Clark: And that has to be done.
Commissioner Plummer: And, I have to tell you that I think we have 11 sister
cities, and normally you have one or two. And, I would hope that a committee
could be appointed to look into this and go in and clean house, and get it
started fresh. Because...
Mayor Clark: That's what we are going to do, J.L.
Commissioner Plummer: That's what we need to do, Mr. Mayor, very badly.
Mayor Clark: Thank you.
Commissioner De Yurre: I so move.
ill December 16, 1993
Vice Mayor Dawkins: Second.
Mayor Clark: Cash in... Go ahead. I don't know why you have to call the
roll on these items.
Ms. Matty Hirai (City Clerk): You have spoken to the City Attorney's
office...
Mayor Clark: On a resolution, I think, you ought to be able to - where there
is no expenditure necessary - you can just cast unanimous ballot, but that...
Go ahead, call the roll.
Commissioner Plummer: You have to call the roll?
(AT THIS POINT, THE CITY CLERK BEGAN TO CALL THE ROLL.)
Commissioner Plummer: Excuse me. Mr. Mayor, let me clarify, we might be able
to speed up here. You say you should, but does it mandate we have to do it?
A. Quinn Jones III, Esq. (City Attorney): That you call the roll on a
resolution?
Commissioner Plummer: On resolutions?
Mr. Jones: Well, you should...
Commissioner Plummer: Not should, do we have to?
Mr. Jones: To make the proper record because otherwise there won't be any
indication of what the vote was.
Commissioner Plummer: Well, if it is not unanimous, then call the roll.
Mayor Clark: Well, if it's not unanimous, you...
Commissioner Plummer: Can we try that? I think we can safe a lot of time,
Mr. City Attorney.
Vice Mayor Dawkins: It will save a lot time.
Commissioner De Yurre: And if there is a Commissioner that is not present at
the time you make a note.
Commissioner Plummer: Let's ask him to cane back in the next meeting and tell
us yes or no.
Mayor Clark: All right.
Commissioner Plummer: I think he knows what we want to try to accomplish, see
if it is legal.
Mayor Clark: Call the roll, Madam Clerk.
112 December 16, 1993
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 93-789
A RESOLiTrION DESIGNATING THE CITY OF MIRANDA,
VENEZUELA, AS A "SISTER CITY" OF THE CITY OF MIAMI,
FLORIDA; FURTHER DESIGNATING THE CITY OF SOUSSE,
TUNISIA, AS A "SISTER CITY" OF THE CITY OF MIAMI,
FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Carmissioner Victor De Yurre
Commissioner issioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
41. REFER REQUEST TO CODESIGNATE S.W. 9 STREET (FROM S.W. 17 AVENUE TO S.W.
22 AVENUE) AS "BRIGADE 2506 WAY" TO THE STREET.' CODESIGNATION REVIEW
COMMITTEE.
Commissioner Plummer: Let's go to lunch.
Mayor Clark: No, no, wait a minute. We've got people waiting here on these
last two, J.L.
Commissioner Plummer: All right.
Vice Mayor Dawkins: Well, 41 and 42.
Ccaudssioner Plummer: Forty-one.
Commissioner Plummer: Go ahead, Willy.
Commissioner Gort: We want to receive a letter from...
Commissioner Plummer: I second it.
Mayor Clark: That's good, call the roll.
113 December 16, 1993
Commissioner De Yurre: Do we have to go through the procedure of taking it to
the committee that we have to designate streets?
Commissioner Plummer: Memorial Committee.
Commissioner De Yurre: OK. So, we are sending the messages... The motion is
to send it to the committee with a recommendation.
Commissioner Plummer: They meet every 22 years.
Vice Mayor Dawkins: The motion is to follow whatever procedure we have to
follow to get it done.
Commissioner Gort: Whatever procedure we have in the City.
Commissioner Plummer: Move it. Second it.
j The following motion was introduced by Commissioner Gort, who mmved its
adoption:
MOTION NO. 93-790
A MOTION REFERRING TO THE MIAMI STREET CODESIGNATION REVIEW
COMMITTEE REQUEST FOR CODESIGNATION OF S.W. 9 STREET FROM!
S.W. 17 AVENUE TO S.W. 22 AVENUE AS "BRIGADE 2506 WAY";
j FURTHER REQUESTING SAID COMMITTEE'S RECMUMATION IN
CONNECTION WITH SAME.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. T.. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Steve Clark
NOES: None.
ABSENT: None.
114 December 16, 1993
x (amendec�.✓l 'Abel 42 on 2/9/94)
------------------------------------------------------------------------------
42. DISCUSSION REGARDING OLYMPIA BUILDING RENOVATION-- WAIVE COMPETITIVE
BIDDING PROCEDURES -- AUTHORIZE OFF-STREET PARKING BOARD TO: (a)
ADVERTISE FOR PROPOSALS FOR RENOVATIONS AND USE OF OLYMPIA BUILDING TO
PROVIDE HOUSING FOR UM AND/OR MODERATE INCOME PEOPLE; (b)
EVALUATE/SELECT PROPOSALS RECEIVED AND NEGOTIATE A PROPOSED CONIRACT
WITH THE MOST ACCEPTABLE PROPOSER; AND (c) BRING NEGOTIATED CONTRACT FOR
CITY COMMISSION REVIEW AMID ULTIMATE APPROVAL PRIOR TO EXFC[fTION.
i
------------------------------------------------------------------------------
Mayor Clark: Item 42. Mr. Gort's request discussion.
Commissioner Plummer: This Gort is catching on fast, man. He's got this
agenda wrapped up here. Miami High School, the agenda, I'm telling you.
Mayor Clark: Mr. Cook spoke to me yesterday in my office about this. I think
it's an excellent program.
Commissioner Plummer: I think we've created a monster here.
CamAssioner Gort: Miami High, what do you want?
I.
Mayor Clark: Willy, do you want to move this?
Commissioner Gort: Yes, sir, I would like to move it.
Vice Mayor Dawkins: Second it.
Mayor Clark: Call the roll, Madam Clerk.
Commissioner Plummer: Let me just make sure one thing, Clark, because we've
discussed it, I think it's a damn good idea, but any final approval would have
to cane back to this Commission.
Commissioner Gort: Has to come back to us, of course.
i
Unidentified Speaker: Absolutely, sir.
I
Commissioner Plummer: Thank you, sir.
Mayor Clark: Roll call.
115 December 16, 1993
The following resolution was introduced. by Cuimissioner Gort, who moved
its adoption:
RESOLLT.PION NO. 93-791
A RESOLUTION WAIVING, PURSUANT TO CITY CHARTER SECTION
29-B, COMPETITIVE BIDDING PROCEDURES, AS PROVIDED FOR
IN SAID CHARTER AND CITY CODE; AUTHORIZING THE OFF-
STREET PARKING BOARD: 1) TO ADVERTISE FOR PROPOSALS
FOR THE RENOVATION AND USE OF THE OLYMPIA BUILDING,
LOCATED AT 174 EAST FIAGLER STREET, MIAMI, FLORIDA, AS
HOUSING TO BENEFIT PERSONS OF LOW AND/OR MODERATE
INCOME; 2) TO EVALUATE ANY PROPOSALS SUBMITTED IN
RESPONSE TO SUCH ADVERTISEMENT AMID SELECT AND
NEGOTIATE A PROPOSED CONTRACT WITH THE PROPOSER OF THE
PROPOSAL DEEMED BY THE OFF-STREET PARKING BOARD TO BE
MOST ACCEPTABLE; AND 3) TO BRING THE NEGOTIATED
CONTRACT TO THE CITY COMMISSION FOR ITS REVIEW, AND,
IF ACCEPTABLE, ITS APPROVAL, PRIOR TO SUCH CONTRACT
BEING EXECUTED; FURTHER SPECIFYING THAT THE ACTIONS
TART BY THE OFF-STREET PARKING BOARD SHALL NOT
CONSTITUTE ANY APPROVAL OF A PROPOSAL OR PROPOSER;
FURTHER, REQUIRING THAT EACH PROPOSER; FURTHER,
REQUIRING THAT EACH PROPOSER SUBMITS WITH ITS PROPOSAL
A $15,000 CASHIER'S CHECK WHICH SHALL BE NONREFUMABLE
TO THE ENTITY WITH WHICH THE CITY ULTIMATELY EXECUTES
A CONTRACT .
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
THEREUPON THE CITY (OMISSION WENT INTO RECESS AT
12:00 NOON AND RECONVENED AT 3:40 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
EXCEPT COMMISSIONER DE YURRE.
116 December 16, 1993
------------------------------------------------------------------------------
43. DISCUSS AND DEFER (FOR FU3THER INFORMATION) CONSIDERATION OF PROPOSED
RESOLUTION TO ISSUE AN RFP FOR A UDP CONSISTING OF DEVELOPMENT OF A
BOATYARD FACILITY, MARINA, AND OPTIONAL ANCILLARY MARINE -RELATED USES ON
4.3 ACRES OF CITY -OWNED WATERFRONT PROPERTY AT 3501 RIR
CAUSEWAY.
------------------------------------------------------------------------------
Commissioner Plummer: ...and possibly running this organization, is that
correct?
Mr. Cesar Odio (City Manager): You always have that alternative. But, at the
end, you have 90 days to replies, and see what we get back.
Commissioner Plummer: What is the minimum annual guarantee, Jack?
Vice Mayor Dawkins: You know, is the list the same thing I said this morning
that I did not have enough information on it?
Commissioner Plummer: No, that was Virginia Key.
Vice Mayor Dawkins: No, sir. It's the same piece of property, J.L. is the
same piece of property.
Commissioner Plummer: But, wait a minute. This is over on Virginia Key?
Mayor Clark: Yes, it is.
Mr. Ron Williams (Assistant City Manager): Yes, sir.
Commissioner Plummer: Then I stand corrected.
Mr. Odio: Well.
Vice Mayor Dawkins: All right, so, defer it until they can came and tell me
what we are doing, please, Mr... I mean, I deferred it this morning. Well, I
move that it's deferred until the Manager brings me... I can sit down with
the Manager and find out what we are doing.
Commissioner Plummer: Second.
Mayor Clark: This item has been deferred already.
Conr issioner Plummer: All right, sir.
Vice Mayor Dawkins: Say what?
I
Mayor Clark: It's been deferred.
Vice Mayor Dawkins: Thank you.
117 December 16, 1993
------------------------------------------------------------------------------
44. DISCUSS AND TEMPORARILY TABLE CONSIDERATION OF PROPOSED RESOLUTION TO
RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE, WAIVING COMPETITIVE SEMM
BIDDING AND APPROVING ACQUISITION OF CaMMJNITY RELATIONS PUBLICATIONS
FROM C1iANNING L. BATES CO., INC. (FOR FIRE DEPT.) (See label 52)
Mayor Clark: Item 44.
Commissioner Plummer: Who says it's a solesource? Who made that
determination?
Lt. Joseph Longueira: Sir, what these are, these are publications for like
the DARE (Drug Abuse Resistance Education) Program, and DARE is licensed to
this publication company to print all the materials. And, that's why it's a
solesource, you can't obtain them through anybody else. It's for the DARE
anti -drug type program.
Commissioner Plummer: So, you'll never know through competitive bidding
whether you could have gotten a better price, and a better product. OK.
You've build yourself into something you can't back -out of, I understand.
Mayor Clark: Do you have four...
Commissioner Plummer: If it was your money, you'd do differently, but it's
not your money.
Mayor Clark: You have four members present in this Commission. Must be all
positive; this needs a four -fifths vote.
Commissioner Plummer: Then you better hold it, Mr. Mayor.
Vice Mayor Dawkins: No, let's go home. I'll vote for it. Call the roll, Mr.
Mayor.
Commissioner Plummer: No, I won't vote for it. If it takes 4/5ths, you don't
have a fourth here.
Vice Mayor Dawkins: Why? You are going to vote for it?
Commissioner Plummer: Against it.
Vice Mayor Dawkins: Oh, well, you better hold it.
Commissioner Plummer: That's what I said.
Mayor Clark: All right.
118 December 16, 1993
R
------------------------------------------------------- ----- -------.-----------
45. RATIFY MANAGER'S FINDING OF SOLE SOURCE -- WAIVE COMPETITIVE SEALED
BIDDING -- APPROVE ACQUISITION OF 467 MOIDROLA SIX RADIOS, 62 MOBILE
RADIOS, AND SUPPORTING PERIPHERAL EQUIPMENT, FROM MO CROT-A C( 4MCATION
AND ELECRONICS, INC. (FOR POLICE DEPT.)
Commissioner Plummer: Forty-five, Mr. Mayor, I will vote for. I will tell
you that I have tried every way possible to try to find a way to reduce the
price on this. The only other company that was in contention has in fact sent
me a letter, which I think I've furnished all of you copies, that they cannot
compete. They were the ones that saved Dade County 22 million on their radio
program, but as ours stands today, it cannot be. So, it is in fact, even
though I must admit on the record I'm not happy with Motorola, it is the only
game in town. I hope they will live up to their guarantees which have not
been that good in the past, but we'll be there to make sure that we hopefully
we can hold them, their feet to the fire.
Mayor Clark: All right. No other... You move the resolution?
Commissioner Plummer: I'll move it, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner Plummer: I just wish there was somebody else in business, but
there is not.
Commissioner Gort: Second.
Mayor Clark: Second. Call the roll, Madam Clerk.
119 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
I RESOLUTION NO. 93-792
A RESOLUTION, BY A 4/5TH AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY R'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDDING AND APPROVING THE
ACQUISITION OF 467 WIOROLA STX RADIOS, 62 MOBILE
RADIOS, AND SUPPORTING PERIPHERAL EQUIPMENT, FROM
M=ROLA COMMUNICATION AND ELEC.`IRONICS, INC., THE SOLE
PROVIDER FOR SAID EQUIPMENT, AT A PROPOSED TOTAL COST
OF $1,255,453.00 FOR THE DEPARINIENT OF POLICE, SAID
RADIOS TO BE ACQUIRED THEO" BY A FINANCIAL
INSTITUTION; ALLOCATING' FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND, PROJECT NO. 69001. INDEX CODE
029002-247 ($87,288.00), CAPITAL IMPROVEMENT' BOND
INTEREST EARNINGS, PROJECT NO. 312018 ($100,000.00),
IMPACT FEES, PROITECT NO. 312028 ($70,500.00), AND THE
DEPARTHENr OF GENERAL ADMINISTRATION AND SOLID WASTE,
ACCOUNT NO. 420901-880 ($997,665.00); AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER
TO ISSUE A PURCHASE ORDER FOR SAID EQUIPMENT; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
DOC[AKM (S) , IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO IMPLEMENT SAID ACQUISITION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: Commissioner Victor De Yurre
120 December 16, 1993
--------------- -----------------------------.----------------.-----------
46. PERSONAL APPEARANCE BY SANrIAGO PELLEGRINI, ESQ. -- TO PROPOSE OPENING A
SHELTER FOR BATIERED WOMEN AND CHILDREN IN THE CITY OF MIAMI.
Mayor Clark: Item 46.
Commissioner Plummer: Is the person present?
Mayor Clark: Nothing further, Mr. Cotera.
Mr. Cotera: Thank you.
Mayor Clark: Are the persons present on item 46?
Commissioner Plummer: Pellegrini.
Mayor Clark: Give us your name and address for the record.
Mr. Santiago Pellegrini: My name is Santiago Pellegrini, 145 South...
Vice Mayor Dawkins: Pull the mike up, sir.
Mr. Pellegrini: What?
Vice Mayor Dawkins: Pull the mike up.
Mr. Pellegrini: OK. 145 Southeast 25th Road, Apartment 202, Miami, Florida.
Mayor Clark: Explain here the nature of your...
Mr. Pellegrini: On behalf of the S.A.J., Psychological and Family Service.
(INAUDIBLE BACKGROUND CCMENPS NOT ENTERED INIO THE PUBLIC RECORD)
i
Mr. Pellegrini: No, no, I am not.
Ms. Matty Hirai (City Clerk): Mr. Mayor, he would need to register as a
lobbyist. If he would give us just a couple of minutes to acccmplish that
because he's speaking on behalf of someone.
Commissioner Plummer: Is he here for a fee?
Mr. Pellegrini: No.
Ms. Hirai: Oh, no, then we don't need to... No.
Commissioner Plummer: If he's not here for a fee, he's not a lobbyist.
Ms. Hirai: No, we don't need to.
Mr. Pellegrini: I'm also the director of the S.A.J., the corporation, the
non-profit corporation.
121 December 16, 1993
Commissioner Plummer: Are you a salaried employee, sir?
Mr. Pellegrini: Not at this time. I'm a volunteer.
Ccff issioner Plummer: Do you propose to become a salaried employee if this
passes?
Mr. Pellegrini: No, not necessarily, sir.
Commissioner Plummer: That's not necessarily, yes or no? You are not a
little pregnant.
Mr. Pellegrini: No, not at this time.
Commissioner Plummer: Not at this time. Well, if there is no money there, I
understand you are not going to be a salaried employee. If this passes, would
you be a salaried, or would you get monetory consideration for this?
Mr. Pellegrini: No.
Commissioner Plummer: OK, fine.
Mayor Clark: What's the nature of this, Mr. Manager?
Mr. Cesar Odio (City Manager): We are looking for a building in this area.
We have met with them... You go ahead and explain it.
Ms. Christina Cuervo: The Commission at the last Commission meeting directed
us to negotiate with Mr. Pellegrini to see if we can accommodate their shelter
for battered women. So, my staff met with Mr. Pellegrini, I believe a week or
two ago, and told them that at this time we don't have any facilities
currently available, or any space available for this kind of facility. But,
we've referred him to different areas, and we told them that we would provide
them whatever assistance we can. So, we'll continue to work with them.
And...
Mayor Clark: What action can we take?
Ms. Cuervo: None. But, you asked us to bring it back at this time, so that's
why it's here.
Mayor Clark: There is nothing available, sir.
Mr. Pellegrini: I understand, Mayor. If I could explain to the City
Commission what S.A.J. is all about, and the people?
Mayor Clark: I think we understand that, we know all about that, and what you
are trying to do. But, that doesn't find us a place. Until we find you a
place, but we can't do anything.
Mr. Pellegrini: Well, if I may? The City of Miami Asset Management people
gave me a list of vacant land that is available and the City does not have any
plans to use this land, and we have the people and the resources. We are
122 December 16, 1993
seeking no help except the vacant land at this time, so that we can build a
battered women shelter and their children so we can put them there. The City
does not have one, we plan to accomplish this with grants from the State and
the Federal Government. And, this is why I am approaching the City. If there
is no building available, then we'll go with the vacant land.
Commissioner Plummer: Are they an ongoing organization now? Are they in the
business now?
Mr. Pellegrini: Lori Lutes, from the City of Miami Asset Management, gave us
a list with the vacant land. And, I've... We have not looked at each
individual land, we'll have our architects and planning people go ahead and
look at each property site, and then we will come back. So, basically we want
to bounce this off the City at this time, and get some sort, at least, of
informal approval of this project. I think it is a benefit to the canmunity.
Mayor Clark: Yes, sir, it is. It's a pretty good bounce, you bounce pretty
gam•
Commissioner Plummer: Did you look in Coral Gables, sir?
Mr. Pellegrini: Excuse me?
Commissioner Plummer: Did you apply to Coral Gables?
Mr. Pellegrini: No, we haven't.
Commissioner Plummer: And have you applied to Miami Shores?
Mr. Pellegrini: No, sir.
Commissioner Plummer: Or El Portal?
Mr. Pellegrini: No.
Commissioner Plummer: Why just the City of Miami?
Mr. Pellegrini: The City of Miami is obviously most of the cases that I, as
an attorney, that I've been involved with, and the people working with me in
this project, we have found that most of the cases are here in the City of
Miami.
Commissioner Plummer: Well, I mean, you know, to say Dade County is what I'm
saying.
Mr. Pellegrini: Dade County has...
Commissioner Plummer: And there's a
lot of other places
besides the City of
Miami. And the problem we are having is, since I
brought to the Mayor's
attention today, you're a nonprofit.
If we were to put you on to a piece of
property, you are not going to be
paying taxes.
And
28 percent of our
property today is exempt from taxes
and that's one
of
our major problems.
That's why I'm asking is to why you
haven't applied
to
Coral Gables, or El
Portal, or one of the other cities,
that don't have
the
same maximum burden
123 December 16, 1993
that we have. Are you presently running any kind of operation like this
presently?
Mr. Pellegrini: We have the people... There's two people here present in
this room who are basically doing just this, sir. And if they are welcomed to
speak to the Commission...
Commissioner Plummer: They have an organization, sir?
Mr. Pellegrini: Two of the people work with Life Line of Miami, which
counsels battered people. And one person works for a hospital, and we have a
psychiatrist. We basically have the infrastructure to do this. So, what I an
trying to do, or get across the City of Miami, is to help us with this. We
got people. We got... We can have the private sector involved also with the
resources that we have. I think this is a viable alternative, and leaving it
up to the news or whoever, we just need your help, and this is why we've cane
here.
Mayor Clark: All right, please, please. If you say you are going to apply
for grants, and the City tells you that yes, you can apply for the grants, and
when the grants will cone back to us, we can accomodate you at that time. I
don't see how you are going to go out and shop for this somewhere else...
Commissioner Plummer: I don't either.
Mayor Clark: You are going to say that the City is going to do this. The
City is going to do nothing until there is something tangible at hand. You
apply for the grant, if you need to get a letter from the Manager that we will
consider this seriously after you have received this grant you applied for,
but, this is like which comes first, the chicken or the egg.
Mr. Pellegrini: That's correct.
Mayor Clark: I think this proposition is very noble, very worthy, but I think
we are preceding the wrong direction. You people get down and apply for
vacant land. They have vacant land in the City, we have all this. If you get
the money, you can go through. It's up to my colleagues in the Commission.
That's my personal view. Do you have a recommendation, Mr. Manager?
Mr. Odio: I agree that we cannot just do this way. When you are ready, and
then we talk.
Mayor Clark: Something tangible in hand.
Mr. Odio: Something tangible.
Mr. Pellegrini: Can we have somebody in the City of Miami that can help us,
one person directly? Instead of just... The Asset Management people were
very great to us, but obviously they gave us a bunch of names, and I think we
need to narrow it down to maybe somebody who knows something about grant
writing, and together with the people that we have.
Mr. Odio: You want us to write your grants?
124 December 16, 1993
Mr. Pellegrini: No, that can help us.
Mr. Odio: I'll be glad to. We will have Community Development work with you
on that, sir.
Mayor Clark: All right.
Mr. Odio: I'll assign saneone from the staff to do that.
Mayor Clark: You check with the Manager's office.
Mr. Pellegrini: Thank you.
Mayor Clark: Thank you, sir.
------------------------------------------------------------------------------
47. ACCEPT CITY MANAGER'S RECOmmMATION TO AVOW MR. RICHARD E. HESSEY AMID
78 OTHER SIMILARLY AFFECTED RETIREES TO PARTICIPATE IN THE CITY'S
INDEMbTITY PLAN (PROVIDED THROUGH THE SANITATION EMPLOYEES' ASSOCIATION),
SUBJECT TO SAID RETIREES PAYING 100% OF THEIR INSURANCE PREMIUM (AT NO
COST TO THE CITY). (See label 53)
Mayor Clark: Item 47. Mr. Richard Hessey. Mr. Hessey.
Mr. Richard Hessey: Good afternoon, gentlemen. My name is Richard Hessey, my
address is Post Box 775, Ft. White, Florida. Mr. Plummer is shaking his head.
I've been here so much you ought to give me a chair up there. I'm here on an
insurance problem that I'm having, is still going on, I believe Mrs. Weller
has sent you some paperwork on it. I'm trying to be placed back in the
indemnity insurance plan.
Commissioner Plumper: You are going to have to explain it to them, I... Mr.
Mayor, can I maybe try to help? He's a retired City employees. Sue, you
ought to be doing this. He is living outside of the City and outside of the
boundary where he can avail himself to that which he be afforded to a retiree.
And, he is... Sue, go ahead, it's... We've heard this thing six times.
Ms. Sue Weller: All right, Sue Weller, Labor Relations Officer. Mr. Hessey
is a retired Solid Waste Division employee. When Mr. Hessey retired in 1984,
he was under the City's indemnity plan. Subsequently the Sanitation Employees
Association negotiated with the City to have their own health trust, and to
provide insurance for their employees, for their active employees in their
bargaining unit. Part of the deal, at that time, that not only active
employees, but retired employees would have to belong to that health trust,
and participate in whatever plan the SEA (Sanitation Employees Association)
Association provided. Eventually, they moved into an HMD (Health Medical
Organization) which at that time evidently was not available to out -of -area
retirees. In April of 193, the SEA again negotiated with the City to come
back into the City's health plan, the indemni... the City's health plan. Part
of that deal at that time was when they came back in, all the active
employees, and all the retired employees would have to belong to the City's
125 December 16, 1993
ill
HMO, which there were two. Mr. Hessey, again along with 70 other SEA retirees
who live outside of the service area of the HMOs. Mr. Hessey has appeared
before the City Commission on several occasions requesting that he - and we
would have to consider other out -of -area retirees in doing this - to be
allowed to come back into the City's indemnity plan. I think in the September
Commission meeting, the Commission requested us to look at some alternatives,
we have forwarded to you those alternatives. Basically there are three, one
is that we continue the program as is, which means that Mr. Hessey and the 70
out -of -area retirees would not have the HMO available to them. Second would
be that we allow all out -of -area retirees to participate in the City's
Indemnity Plan, where they would pay the full premium cost, which would then
be no cost to the City, or the third plan is where the out -of -area retirees
would be allowed to participate in the City's Indemnity Plan and they would
pay the current ratio of premium, which is approximately 64 percent, and the
City will pick up approximately 36 percent of that, which will cost the City
annually about $120,000.
Mayor Clark: What it boils down to is whether it is legal or not legal.
That's the reason our City Attorney...
Commissioner Plumper: Mr. Mayor, I think all three of the plans are legal. I
think it is within the purview of this Commission to choose any one of those
three. Now, my feeling has been in the past that it is not his fault that the
Sanitation Department decided to go to a different mode of insurance coverage.
Now, what, to me is I've got to decide, is the first option to me is not fair
to him.
Mr. Hessey: May I add something?
(INAUDIBLE BACKGROLM COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Commissioner Plummer: The second and third option, one of the two is where
I... That's where my vote is, and I don't know where I'm exactly at right
now.
Mayor Clark: Same as we got 100 percent of the premium cost, in favor?
Commissioner Plummer: Well Mr. Mayor, what they are saying is that he can be
covered under their policy at a 100 percent of cost, or he can be like the
other retirees where he pays 64 percent, and we pay 36 percent. And, he would
have the coverage.
Mayor Clark: That's cost us $120,000.
Ms. Weller: Approximately, yes.
Commissioner Plummer: On that particular plan because there are 70 people, is
that what you said?
Ms. Weller: Yes.
Commissioner Plummer: Seventy people involved.
Mr. Marshall Litvak: Mr. Mayor, may I? My name is Marshall Litvak, I'm vice
president of the City of Miami's Retired Employees Association and I'd like to
126 December 16, 1993
clarify items two and three. Someone is playing games with numbers. If it
cost the City of Miami, and I'm going to pick hypothetical numbers, $2400 a
year to provide insurance for an employee, and the City pays 80 percent, the
employee pays 20, they divided up into 26 pay periods, that's the amount
that's paid. It's still totals $2400 a year. When that employee retires,
they are expected to pay the full $2400 a year and they pay it monthly, so
it's 12 payments of $200 a month, or whatever the numbers come out to. That's
a fact, and there is no 64 percent subsidy. Every retiree, as they retire,
every employee picks up 100 percent of the cost that it costs the City
currently to provide for an employee. So, there is no subsidy. This is a
subterfuge. Whether you say two or you say three, if you say two, then it's a
matter of he will pay say the $2400 a year. If you say three, somebody is
going to manufacture a number that's going to have him paying more that what
every other employee is paying.
Commissioner Plummer: What, in this particular case, Sue, what would he be...
What would his cost factor be?
Ms. Cheryl Goicoechea: Commissioner. Plummer, Cheryl Goicoechea, I'm the group
insurance administrator. Your question, at a 100 percent or with the subsidy?
Commissioner Plummer: At a 100 percent, that's what he's saying?
Ms. Goicoechea: A hundred percent, $252.50 for a retiree under 65, as an
example. When you look at what the City is contributing versus the retiree,
the retirees are charged monthly $161.39.
Commissioner Plummer: Now, Mr. Litvak said that's not true.
Ms. Goicoechea: The City is picking up about...
Mr. Hessey: What does the regular employee pay?
(INAUDIBLE BACKGROUND CME TS NOT EN.I'ERED INTO THE PUBLIC RECORD)
Mr. Litvak: I don't know what kind of numbers she is quoting. And I don't
know whether you are talking about people who exist under the case suit, or a
current retiree. But, that's all we are talking about today.
Ms. Goicoechea: Current retiree.
Mr. Litvak: Current retiree. Mr. Mayor, Mr. Manager, if a current retiree at
$161 a month multiplied by 12, cones out to less than what the total premium
is that the City pays for an active employee, then there is something wrong in
the way the charges are being made. Because it was never intended that a
retiree pay less. We have been supplied by information with the AFSCME
(American Federal, State, County, and Municipal Employees) Union, and the
number they provide us with says that when you add up the cost for an active
employee, the City share, employee. share, and total it for a year, it is
exactly the same as what the 12 months of a monthly payment is for a retiree.
So, I don't understand how these numbers are coning out.
Commissioner Plummer: Well, if we use that numbers and that formula, that
means the City wouldn't be out a dime.
127 December 16, 1993
Mr. Litvak: That's correct.
Commissioner Plummer: So what is the problem then?
Ms. Goicoechea: May I respond?
Commissioner Plummer: Please.
Ms. Goicoechea: In 187 the State law changed where we blended the premium for
employee and retiree to make sure that the total premium for employee and
retiree was exactly the same. And; that's where it exist now. The numbers
that Mr. Litvak is quoting that AFSCME has given the Retiree Association has
come from the City's office. When you look at the total monthly for retiree,
and you take that employee total biweekly, and you transfer it to a monthly
rate, you come up with the same number. You may be a penny or two off just
because of rounding, but the numbers are the same. We wanted to make sure we
were in compliance back in 187.
Commissioner Plummer: If they are saying to me that... if what you are saying
and they are saying, and the way I understand it, that the employee pays 100
percent of whatever the cost is, I don't see how it costs the City anything.
Ms. Goicoechea: But, what I'm sharing with you is the retiree is not paying
100 percent. And, what I've offered...
Commissioner Plummer: They are willing to. He is saying that they are.
Mr. Goicoechea: But, what I've offered to Mr. Litvak, because we had the same
conversation last week, is to come into the office and let me show you the
numbers, let me explain to you where you may have a misunderstanding.
Commissioner Plummer: Well, what happens if I pass a motion here, right now,
that this man and the other 70 employees so affected, are allowed to be
picking up City insurance at 100 percent of the cost to them, and at no cost
to the City? And, then you all argue about the numbers.
A. Quinn Jones III, Esq. (City Attorney): No, you need to make, Commissioner,
you need to take a recommendation from the Manager and...
Ms. Goicoechea: We would be in compliance with the State law, because the
State law just talks about total premium.
Commissioner Plummer: That's what he wants. OK.
Mayor Clark: Pass some recommendations.
Commissioner Plummer: Mr. Mayor, I will make a motion at this time that this
gentleman and the other 70, as I'm told, affected employees would be afforded
the availability of the City insurance at 100 percent at their cost, and at no
cost to the City of Miami. I'll offer that in a form of motion.
Mayor Clark: Please, please.
128 December 16, 1993
Mr. Litvak: Could I have a clarification? When you say their cost, and I
think this is where the games are being played, it should be at 100 percent of
the cost per enrollee in the health plan for the benefit that they are
obtaining. Because if we are going to segregate retirees and say they are an
age group of this age, and therefor their premium is higher than the active...
Commissioner Plummer: I'm being told...
Mr. Litvak: ...that's not true because it has always been, not since 1985 or
187, it has always been that this plan has said there is one premium rate for
active employees and retired employees. One premium rate, it has always been
blended. .And if we are going to separate them, that's how you'll end up with
two different numbers.
Mayor Clark: That's not the way the motion stated it.
Commissioner Plummer: No.
Mr. Odio: No, we are not. We are going to blend then, and that way the
retirees will benefit from being blended with the rest of the employees.
Mr. Litvak: Yes, sir, thank you.
Mayor Clark: Commissioner Plummer has a motion on the floor. Do you second
the motion?
Commissioner Gort: Second.
Mayor Clark: Any further discussion? Call the roll, Madam Clerk.
Commissioner Plummer: Mr. Hessey, go back to Ocala and raise your horses.
Mr. Hessey: Thank you.
Commissioner Plummer: Thank God.
129 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-793
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEVELOP
AND IMPLEMENT A PROCEDURE WHEREBY RETIRED CITY OF
MIAMI EMPLOYEES WHO LIVE OUTSIDE THE SERVICE AREA OF
HEALTH MAINTENANCE ORGANIZATIONS (HMOs) BE AFFORDED
THE OPPORTUNITY TO PARTICIPATE IN THE CITY OF MIAMI
INDEMNITY INSURANCE HEALTH AMID HOSPITALIZATION
COVERAGE PROGRAM, PROVIDED THAT SUCH PARTICIPATION
SHALL BE AT NO COST TO 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 Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
48. PERSONAL APPEARANCE BY REPRESENTATIVES OF THE NORTH SHORE OPTIMIST CLUB
OF MIAMI BEACH -- TO REQUEST A USE FEE WAIVER FOR WATSON ISLAND TO HOLD
A CARNIVAL (DECEMBER 15, 1993 - JANUARY 5, 1994) -- URGE SAID GROUP TO
ATTEMPT TO IDENTIFY ALTERNATIVE FUNDING SOURCES OR WAYS TO USE NECESSARY
MONIES.
Mayor Clark: Item number 48, North Shore Optimist.
Commissioner Plummer: North Shore Optimist of Miami Beach, Mr. Mayor.
Mayor Clark: I noticed that. And, go ahead, give us your name for the
record.
130 December 15, 1993
Mr. Emanuel Alster: Emanuel Alster, 900 N.E. 195th Street, North Miami,
apartment 704. I'm representing the North Shore Optimist Club, cane before
you to ask for a waiver for Watson Island to run a carnival there. As you
see, the dates were as December 15th to January 5th. Now, we were thinking
about that, and now these dates are a little inconvenient for you people to
do, we can change them to January 13th to the 30th.
Mayor Clark: Sir, question, two questions.
Mr. Alster: Yes.
Mayor Clark: Did you have this request... Did you have all these carnivals
last year?
Mr. Alster: Not here, not in Watson Island.
Mayor Clark: Where did you have them?
Mr. Alster: I had them in Miami Beach. Seventy-second Street and Collins
Avenue.
Mayor Clark: How long did it last?
Mr. Alster: Three weeks. We got the same dates as we have now. We asked for
about... through Christmas.
Mayor Clark: What was the charge?
Mr. Alster: Nothing.
Mayor Clark: Why don't they want you back?
Mr. Alster: Well, they say that they had a problem with the people there, the
residents complaining, and stuff like that.
Mayor Clark: (inaudible)
Mr. Alster: Well, I don't know, Watson Island is not near any residents as
72nd Street.
Mayor Clark: You want three weeks as a commercial venture, not overnight or
two days or something, but three weeks is a long time.
Mr. Alster: Well, the way it is working out now is only two weeks. Because I
understand we can't get in there, the easement has to be taken out, and that's
going to be there until the 21st, we can't open it until the 24th. There's a
whole... So, like I say, if this is an inconvenience, let's change it to the
13th.
Vice Mayor Dawkins: Why didn't... Pardon me, Mr. Mayor.
Mayor Clark: Yes, sir.
131 December 16, 1993
Vice Mayor Dawkins: If it's an inconvenience, why don't you change it to meet
the requirements of Miami Beach? Why are you going...
Mr. Alster: No, I'm not...
Vice Mayor Dawkins: Wait a minute. Why are you going to make concessions to
the City of Miami, and have us provide a service that Miami Beach should be
providing, and you are going to make concessions to me, why? Make them for
Miami Beach.
Commissioner Plummer: Did you try the City of Coral Gables.
Mr. Alster: I don't want no concessions from Miami Beach.
Vice Mayor Dawkins: Sir, sir.
Mr. Alster: I have nothing to do with Miami Beach anymore, all right.
Commissioner Plummer: Sir, have you tried...
Vice Mayor Dawkins: Any more, why not?
Mr. Alster: Because they didn't want to let us have the carnival.
Mayor Clark: For what reason?
Commissioner Plummer: Did you apply...
Mr. Alster: That's what I just said.
Commissioner Plummer: Sir, did you apply to Coral Gables?
Mr. Alster: No.
Commissioner Plummer: No.
Mayor Clark: Did you make money on this circus last year?
Mr. Alster: On the carnival? Yes.
Mayor Clark: What kind of moneys did you make?
Mr. Alster: Well, last year was about $20,000. Now, with that we take care
of all the athletic people over there, now we've wiped our hand out. We have
nothing to do with the Beach. What's happened...
Mayor Clark: Do you have a circus with it also?
Mr. Alster: Well, it's a carnival. It's just a carnival, no circus. But,
the thing is this...
Mayor Clark: I understand you, Mr. Alster.
Vice Mayor Dawkins: Now, this says... you say you have nothing to do with the
Beach?
132 December 16, 1993
Mr. Alster: Right.
Vice Mayor Dawkins: This says North. Shore Optimist Club of Miami Beach. Now,
what's correct?
Mr. Alster: That has been our name for 36 years when we used to work with the
Miami Beach for 35 years. They let us have the carnival for 15 years.
Vice Mayor Dawkins: And when they wouldn't longer let you have the carnival
you said, "Well, we won't no longer use Miami Beach, the name, we will go
somewhere else."
Mr. Alster: No, we can't just change their name, this is Optimist
International, where we are registered as North Shore Optimist Club of Miami
Beach. We've been that way for over 37 years.
Commissioner Plummer: Mr. Mayor, I would recommend...
Mr. Alster: Just can't change the name.
Commissioner Plummer: Mr. Mayor, I would recommend that we say to the
Optimist Club the same thing that Miami Beach said to them in the Miami Herald
article of November 21st, and the Commissioner's then had found that they had
numerous complaints about noise and increase crime during these carnivals.
And they, like what I think we should do, is urge the Optimist Club to find
other ways to raise money. Quotation from the Miami Herald.
Mayor Clark: Motion by the Commission.
Vice Mayor Dawkins: Second.
Mayor Clark: Is there a motion?
Commissioner Plummer: Yes, sir, I made that motion.
Mayor Clark: Thank you. Seconded. Call the roll.
Vice Mayor Dawkins: Hold it now, motion not understood. Read... Make the
motion again.
Commissioner Plummer: Thew motion, sir, is that we urge the Optimist Club to
find other ways of raising money.
Mr. Alster: In other words, you people don't want us to help Miami in any
way? Right?
Mayor Clark: I think we've explained plainly.
Commissioner Plummer: Sir, I am trying to help Miami with no more noise and
crime.
Mr. Alster: What are you going to have on Watson Island?
133 December 16, 1993
(amends abel 49 on 2/9/94)
Mayor Clark: Please.
Mr. Alster: All right.
Mayor Clark: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-794
A MOTION DENYING THE NORTH SHORE OPTIMIST CLUB OF
MIAMI BEACH FUNDING REQUEST FOR A USE FEE WAIVER IN
CONNECTION WITH A CARNIVAL AT WATSON ISLAND; FURTHER
URGING THE OPT MIST CLUB TO FIND ALTERNATIVE FUNDING
SOURCES IN CONNECTION WITH SAID EVENT.
Upon being seconded by Vice Mayor Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Steve Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
49. PERSONAL APPEARANCE BY RONALD J. COHEN, ESQ. (REPRESENTING FOP) --
AUTHORIZE SETS OF ATTORNEYS' FEES IN CONNECTION WITH VARIOUS
LAWSUITS INVOLVING MIAMI POLICE OFFICERS, NAMELY: (a) STATE OF FIARIDA
VS. DANIEL RICHARDS, (b) FEWQUAY VS. FITZGERALD, (c) RASMUSSEN VS. CITY
OF MIAMI AND J.E. MENDEZ, (d) PEREZ VS. CITY OF MIAMI AND J.E.
Mayor Clark: Item 49, Ronald J. Cohen, Esquire. Mr. Cohen, Esquire.
Commissioner Plummer: Al.
Mayor Clark: Give us your name and address for the record.
Mr. Ronald Cohen: Thank you, Mr. Mayor, Ronald Cohen, 6565 Taft Street, in
Hollywood. We are here... We represent the FOP (Fraternal Order of Police)
and we also represent the claimants in a number of cases. There's been a
number of cases in which police officers have been sued either criminally or
civilly, arising out of incidents, on duty incidents. Incidents that occurred
while they were on duty. In all the cases in which we are seeking
reimbursement fees today, the officer, in the criminal case has been
acquitted, and has been found not guilty, and it all the civil cases in which
134 December 16, 1993
we are seeking reimbursement today, the case has been dismissed against the
officer, or where the officer has won the case. We are not seeking
reimbursement of fees in any case in which the officer has been found to
commit any wrongdoing. There is a number of cases, civil cases, criminal
cases...
Commissioner Plummer: Mr. Cohen. Mr. Cohen, sir, can I stop you for a minute
and try to push through this for my colleagues?
Mr. Cohen: Sure.
Commissioner Plummer: Mr. Mayor, there are a number of cases which we told
them to go back and sit down and negotiate out with the City Attorney, that I
didn't want to do it in a piecemeal basis in slicing the baloney. What we
wanted to do was to try to take them in a group. May I suggest to the Mayor
and my colleagues that I have the list from the City Attorney of those which
have been approved presently. I will read it into the record, Mr. Mayor. The
Rasmussen case, $1500, the Perez' case, $5,000, the Richard's case, $20,000
Baez's case, it has not been negotiated yet...
Mr. Cotera: It's a 160.
Commissioner Plummer: Well, he says it's not negotiated. The Campbell case
has not been negotiated, the Mendez' case... I don't have a number.
A. Quinn Jones III, Esq. (City Attorney): Isn't that the one they approved?
That's another Mendez, you approved one last...
Mr. Cohen: Yes, this is another Mendez case.
Commissioner Plummer: Well.
Mr. Jones: I didn't have a figure for that one.
Commissioner Plummer: I don't have a number on that one.
Unidentified Speaker: Thirty.
Commissioner Plummer: Thirty? Is that agreeable with you? Well, we'll have
to hold it if you don't have a number. And, Fitzgerald is $4465.82.
Mr. Cohen: Correct.
Commissioner Plummer: Mr. Mayor, those that have been negotiated by the City
Attorney at this time, I would move, sir, that they be settled with the
concurrence and the recommendation of the City Attorney. I so move, sir.
Mayor Clark: Is there a second?
Commissioner Plummer: And the rest of them will be further negotiated with
the City Attorney, and come back at a later date.
Mayor Clark: Mr. Cotera.
135 December 16, 1993
Mr. Cotera: Mr. Mayor, good afternoon. Al Cotera, president of Fraternal
Order of Police.
Commissioner Plummer: Excuse me, Al, I haven't heard a second. Was there a
second to my motion?
Mayor Clark: Is there a second?
(INAUDIBLE RESPONSE)
Commissioner Plummer: OK.
Mr. Cotera: Mr. Mayor, this has been a long and drawn out process for us, and
like Commissioner Plummer stated, it has been piecemeal. We have met with the
City Attorney, we have agreed on specific guidelines so that we don't waste
your time, his time, or our time in knowing what fees will be recoverable.
We've also worked with the criminal attorneys and probably have some of the
best criminal attorneys working at the cheapest prices that we could find in
an effort to try to save all of us some money. And I really do appreciate the
efforts of the City Attorney.
Commissioner Plummer: Mr. Mayor, to you and Mr. Gort, let me say to you, sir,
that we recently in the last three or four months passed a policy of this
Commission. That policy is that any policeman or other City employee, who was
desirous of using outside counsel other than the City Attorney where he could
not represent them, must come before this Commission and get approval, number
one, and must get a... not to exceed amount, number two. So, in the future,
there will be no more of this, of a man going out and getting anything he
wants and expect us to pay any price. We will make the determination prior to
him soliciting and engaging outside private counsel. So, that is...
Hopefully in the future we'll have an understanding on that. And, that's when
I agreed to work with them to get these taken care of.
Mayor Clark: Call the roll, please.
136 December 16, 1993
-N
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-795
A RESOLUTION AUIHORIZING THE DIRECTOR OF THE FINANCE
DEPARTMENT TO ISSUE A CHECK PAYABLE TO THE TRUST
ACCOUNT OF THE LAW FIRM OF KLAUSNER AMID COHENN, P.A. IN
THE AMOUNT OF $30,965.82 FOR ATIORNEYS' FEES AND COSTS
INCURRED BY THE FRATERNAL ORDER OF POLICE, MIAMI LODGE
20, AS FOLLOWS: $20,000.00 FOR THE REPRESENTATION OF
DANIEL RICHARDS, POLICE OFFICER, IN THE CASE OF STATE
OF FLORIDA VS. DANIEL RICHARDS, DADE COUNTY CIRCUIT
COURT CASE NO.: 91-11895 (B-KAHN); $4,465.82 FOR THE
REPRESENTATION OF JAMES FITZGERALD, POLICE OFFICER, IN
THE CASE OF FEWQUAY VS. FITZGERALD, DADE COUNTY
CIRCUIT COURT CASE NO.: 91-45864; $1,500.00 FOR THE
REPRESENTATION OF J. E. MENDEZ, POLICE OFFICER, IN THE
CASE OF RASMUSSEN VS. CITY OF MIAMI AND J.E. MENDEZ,
UNITED STATES DISTRICT COURT CASE NO. : 92-1986-CIV-
NESBITT; AND $5,000.00 FOR THE REPRESENTATION OF J.E.
MENDEZ, POLICE OFFICER, IN THE CASE OF PEREZ VS. CITY
OF MIAMI AND J.E. MENDEZ, UNITED STATES DISTRICT COURT
CASE NO.: 91-2083-CIV-MOORE, AND ALLOCATING FUNDS
THEREFOR, IN THE AMOUNT OF $30,965.82 FROM THE CITY OF
MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, anitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Mr. Cohen: Thank you, Mr. Mayor.
Commissioner Plummer: We'll expect you to get back with the City Attorney to
work out and hopefully, hopefully, negotiate the others. I would appreciate,
if you could, when you come back, is wipe the slate clean. OK.
Mr. Cohen: Thank you.
137 December 16, 1993
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50. PERSONAL APPEARANCE: MR. MWJEL GONZALEZ-GOENAGA CONCERNING POLICE
DEPARINENT REORGANIZATION.
Mayor Clark: Item 50. Mr. Manuel Gonzalez-Goenaga.
Commissioner Plummer: My God, I can hire him at the funeral home today.
Mr. Manuel Gonzalez-Goenaga: Well, I'm close to be assassinated. I have been
threatened, phone calls. Good afternoon, Commissioners. I requested this
personal appearance back in June 16, 1993.
Mayor Clark: We have a copy of your request.
Mr. Gonzalez-Goenaga: And I have to commend the Mayor of Miami because he
wrote me a letter. Things that I never had from the previous Mayor. So, the
letter, it says... I'm going to be rather short, because normally my words in
this Commission for the last three years have gone with the wind. And, what I
want is action, and I volunteer myself to a whole reorganization of the Police
Department which generally, and the essence is to depoliticize the Police
Department. You know, governments, like trees, start to fall down... start to
decay from the top down. And, there are problems in the City of Miami; I
don't have to tell you. If you read the newspapers articles, the recent
editorials of the Miami Herald that were a series on the police. I don't want
to repeat that, this is something that I have explained here over and over and
over again for the last three years, and my words have gone with the wind.
Probably, my written requests, that of course the new Commissioner and the new
Mayor have never received, that has been going on for years, nothing has been
done. So, this proves myself, with the new developments within the Police
Department, that something is really wrong in this Administration. And, I'm
just going to quote, you know, Charles Dickens wrote that classical "A Tale of
Two Cities." This is a tale of one city and two stories. When you read the
Miami Police Department Annual Reports, beautifully prepared, paid by the
citizens of Miami, you hear the good but not the bad. We have a message from
the Chief, now that Chief has sued the City of Miami and has been awarded two
million dollars. Of course, this is the 1990 because the recent ones I
requested by letter, and I don't know, there is some problem, it's not
provided to the citizens, and yet we pay for it. The annual report says one
people, one police, one community. You know, Commissioners, that that's not
the truth because just like in this City there are ethnic differences either
if we like it or not, the same thing happens with the Police Department. I
will be able to discuss this more in a written form, but I don't want to give
you the impression that I am taking these things lightly. This is a very
important issue to combat crime. And crime, my fellow Commission, my dear
Commissioners, start at the top. When we have lack of enforcement, when
things are covered up by the department that is supposed to police the police.
Look for example, do you think it's proper to have the Internal Affairs
section within the Police Department itself? No policeman can police
themselves. Let it have it in some other place so the citizens... we are the
owners of this City, and I think that we are entitled and we should be advised
of the citizens, what we can do when there is police brutality. Not only
138 December 16, 1993
physical, but verbal, that verbal police brutality can hurt more than the
physical. But, the police are not trained for that, or if they are trained,
there is some problem with some Hispanic policemen and probably I say that
it's the cultural background. For the future, because this has been going on
and on and on, I would love to make part of the record something that has been
in the record already, the studies that were made, and the public hearings
that were made by the NAACP (National Association for the Advancement of
Colored People) regarding police brutality. I vividly remember when Mrs.
Johnny McMillian filed this report of 244 pages with this City Commission, and
the Ex -Mayor laughed at it. I also remember vividly the presentation of
Reverend Cash regarding PUSH and nothing has been done. So, I strongly urge
this new Commissioner, Mr. Gort and Mr. Steve Clark to pay very serious
attention to this matter. Because if we are going to combat crime and we
don't have the cooperation of the citizens, no matter how many blue brothers
get into the police force, nothing will be accomplished. The police needs the
trust and confidence of the individuals who form part of all this corm mity in
order to help and cooperate. How can we help and cooperate when part of the
Police Department is rotten? I have said this many many times. Nobody pays
attention. It's on the record, it's on my records. And people laugh at me.
I have been known, and Mr. Mayor before, and I know that the words spreads
around that I am nuts; they call me the crazy one. Well, I might be crazy,
but I am not dumb. And I tell you that is the excuse to call me crazy. I am
crazy as a fox. So, I volunteer myself in any committee to study the Police
Department, to study the reorganization of the Police Department without
asking for a contract or a cent. And, I will represent something that
sometimes is not said, the human nature, the citizens...
Mayor Clark: All right.
Mr. Gonzalez-Goenaga: ...something that is not in the books and cannot be
learned in school, which is integrity, morality, and ethical standards.
Mayor Clark: Thank you, sir. Thank you.
Mr. Gonzalez-Goenaga: But please, give me a call...
Mayor Clark: We've got your...
Mr. Gonzalez-Goenaga: ...and I will not charge one penny because this is my
crusade.
Mayor Clark: Thank you very much for your appearance.
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Just for your ratification and not in relation to the
gentleman who just spoke, but I know that in the interest of your trying to
cut down on the length of these meetings, I think we need to remember and have
the clock set by the Clerk that under personal appearance and discussion, the
Charter provides for a two minute segment. And sometimes people get up and
abuse it tremendously. So, I would appreciate through you, Mr. Mayor, that in
the future .. .
139 December 16, 1993
Mayor Clark: Yes, I will do that, now that I know your normal procedures.
Commissioner Plummer: ...that the two minutes would definitely be, with a red
light flashing, when the two minutes are up...
Mayor Clark: OK.
Commissioner Plummer: ...And, if this board wishes to give them additional
time, of course, it is within our preview.
Mayor Clark: Thank you very much.
------------------------------------------------------------------------------
51. DIRECT CITY MANAGER TO SCHEDULE A PUBLIC HEARING AT THE JANUARY 13, 1994
CONCERNING PROPOSED RENAMING OF A CITY PARK (AT 71 STREET AND THE BAY)
AS "BAYWOOD PARK."
Mayor Clark: Item... That's all of the items we have now?
Commissioner Plummer: No, sir, 51.
Ms. Matty Hirai (City Clerk): Fifty-one.
Commissioner Plummer: We have 51.
Commissioner Gort: We have 51.
Mayor Clark: Mr. Stevens present?
Commissioner Plummer: Ernestine Stevens, is she present?
Ms. Ernestine Stevens: Yes.
Commissioner Plummer: Oh, yes.
Mayor Clark: Bayside Residents Association.
Ms. Stevens: Yes. Good afternoon, my name is Ernestine Stevens, and I am
president of Bayside Residents Association. And I am here to request approval
for the naming of our park that is -located at the end of 71st Street in the
Bay. The general membership of the Bayside Residents Association chose the
name and we've worked in concert with the Parks Department and NET
(Neighborhood Enhancement Teams) Office in choosing this thing. We have
elected to call our park "Baywood" for the following reasons. Number one, if
we name if "Bayside", they would be confused with Downtown. Number two,
"Baywood" is in keeping with our historic designation. We are the newest
historic district in Miami, 71st Street, that dead -ends on the Bay, was
originally called "Baywood," and 71st Street was platted in 1921 as a part of
the Baywood subdivision. It makes perfect...
140 December 16, 1993
Commissioner Plummer: Can I ask you a question, ma'am?
Ms. Stevens: Certainly.
I Commissioner Plummer: Was a vote taken of each and every member of resident
in that subdivision?
Ms. Stevens: We had a general membership, and we sent flyers indicating that
the name would be chosen at the general membership meeting, we proffered two
names, one was "Bay Vista" and one was "Haywood", and then we opened it up for
Just general consensus.
Commissioner Plummer: Can you give me the results of the vote?
Ms. Stevens: There were probably...
Commissioner Plummer: Approximately.
Ms. Stevens: Yeah, there were probably four that voted for "Bay Vista," and
probably 51 that voted for "Baywood."
Commissioner Plummer: Mr. Mayor, I would recommend that we send this to the
Memorial Committee as what is process; that they then study it, and come back
with their recommendation to this Commission. At such time, we would hold a
public hearing for the official action.
Ms. Stevens: Since it's a part of the historic district, since we're choosing
a name that is non -controversial, since we're bringing...
(INAUDIBLE Cam)
Commissioner Plummer: Huh? You don't have a Memorial Committee?
Mr. Cesar Odio (City Manager): Not for designation of park names.
Ms. Johnson: No, we don't.
Mr. Odio: It was not really for...
Commissioner Plummer: I thought it was any...
Ms. Johnson: We have the Street Co -Designation Committee that's through the
offices of the Public Works Department, but the Memorial Committee no longer
exists.
Cannissioner Plummer: Well, then, let's just - all right, excuse me. Let's
just schedule it for a public hearing as it...
Mayor Clark: We should have - Commissioner Plummer, we should have a system
by doing something like this.
Commissioner Plummer: Of coui:se. I thought we did.
Mayor Clark: Apparently not.
141 December 16, 1993
Ms. Johnson: We haven't had parks to rename in a while.
Commissioner Plummer: Well, excuse me.
Ms. Johnson: Yes.
Commissioner Plummer: Earlier in the day, we are now going to revamp all
committees and all boards, and I think that's one that should be so noted to
that committee to handle. At this point, since nothing is in place, I would
make a motion, Mr. Mayor, that we schedule for the second meeting in January,
a public hearing.
Mr. Odio: The first meeting, please, because the second meeting is Planning
and Zoning only.
Commissioner Plummer: Well, OK, fine. I would make that we have a public
hearing on the 13th day of January, for the purposes of so designating this as
to Baywood? Baywood. I so move, Mr. Mayor.
Mayor Clark: Seconded. Call the roll, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-796
A MOTION DIRECTING THE CITY KWGER TO SCHEDULE A
PUBLIC HEARING ON JANUARY 13, 1994 IN CONNECTION WITH
THE PROPOSED RENAMING OF A CITY PARK LOCATED AT 71ST
STREET AND THE BAY, AS "BAYWOOD PARK."
Upon being seconded by Commissioner , the motion was passed and adopted
by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
142 December 16, 1993
------------------------------------------------------------ ---------- - - ------
52. (Continued discussion) RATIFY CITY MANAGER'S FINDING OF SOLE SOURCE --
WAIVE COMPETITIVE SEALED BIDS -- APPROVE ACQUISITION OF COMMUNITY
RELATIONS PUBLICATIONS FROM CHANNING L. BATES CO., INC. (FOR POLICE
DEPT.). (See label 44)
Commissioner Plummer: Mr. Mayor, you now have 4/5ths vote for item 44,
without my vote, sir.
Mayor Clark: Commissioner Dawkins, we need you to vote for an item here, item
44.
Vice Mayor Dawkins: What is 44?
(INAUDIBLE COKVMr)
Vice Mayor Dawkins: OR.
Mayor Clark: City Manager's finding of the sole source? Is there a motion on
that item?
Commissioner Gort: So move it.
Mayor Clark: Is there a second?
Commissioner De Yurre: Second.
Mayor Clark% Call the roll.
The following resolution was introduced by Commissioner Gort, who moved
its adoption:
RESOLUTION NO. 93-797
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMETrS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE ACQUISITION
OF COMMUNITY RELATIONS PUBLICATIONS FROM CHANNING L.
BATES CO., INC., THE SOLE SOURCE PROVIDER FOR THIS
SERVICE, AT A PROPOSED COST OF $21,940.00 FOR THE
DEPARIMW OF POLICE; ALLOCATING FUNDS THEREFOR FROM
THE LAW ENFORCEMENT TRUST FUND, SUCH EXPENDITURE
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS
COMPLYING WITH FLORIDA STATE STATUTE 932.7055, AND
SUBJECT TO APPLICABLE CITY CODE PROCUREMERr
PROCEDURES.
143 December 16, 1993
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner J. L. Plummer, Jr.
ASSENT: None.
Ms. Matty Hirai (City Clerk): It carries four to one.
------------------------------------------------------------------------------
53. (Continued discussion) FURTHER CAS CONCERNING CITY NR'S
RECOMMENDATION TO ALLAW MR. RICHARD E. HESSEY AND 78 aPBER SIMILARLY
AFFECTED RETIREES TO PARTICIPATE IN THE CITY'S INDEMNITY PLAN (PROVIDED
TH[UM THE SANITATION EMPLOYEES' ASSOCIATION), SUBJECT TO SAID RETIREES
PAYING 100% OF THEIR INSURANCE PREMIUM (AT NO COST TO THE CITY) . (See
label 47)
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes.
Commissioner Plummer: This reminds me of when the Police Department sends out
an RFP (Request for Proposals) to bid on a motorcycle. They send the specs
out at the back of the Harley book to a Kawasaki dealer, and wonder why they
don't get bids. We seem to have a problem, Mr. Mayor, with the insurance
problem again. God, I don't think this will ever end.
Commissioner De Yurre: Jesus.
Mayor Clark: We have a police officer here. Lieutenant, what (inaudible).
Lt. Joseph Longueira: I have that, but I have others, sir.
Commissioner Plummer: Yeah.
Mayor Clark: Well, this is general.
Commissioner Plummer: Yes, sir. The one that was - was this morning,
transferred out about the Law Enforcement Trust Fund, Mr. Mayor.
(INAUDIBLE COMMENT)
144 December 16, 1993
Commissioner Plummer: Yeah, I hear you. Mr. Mayor, can we try to get this
thing over and behind us? Marshall, please.
Mr. Marshall Litvak: All right. Mr. Mayor, Mr. Manager, there seems to be a
question. Mr. Hesse requested to enroll for his insurance, and now there
seems to be a question as to what the rate is again. And I would - as I
understand, and the clarification is very simply, if Mr. Hesse retired today
as an active employee, he is to pay what an active employee who retired today
would pay, 100 percent of that.
Commissioner Plummer: But Marshall, he did not retire today.
Mr. Litvak: No, but that would be 100 percent of the premium.
Ms. Sue Weller: As - the current retiree is paying, let's say $161, which is
not 100 percent of the premium. As I understand it, Mr. Hesse and the out of
area retirees are going to have to pay 100 percent of the premium...
Commissioner Plummer: That's what we just agreed to.
Ms. Weller: ... which is more than what the retirees are currently paying, in
other words, about $250, because that is what the total premium cost is.
Commissioner Plummer: Well, what's the discrepancy? Where's the discrepancy?
Mr. Litvak: May I ask a question, Commissioner Plummer? The City of Miami
currently pays for each active employee for their coverage what amounts to the
equivalent of $161 a month. Am I correct?
Ms. Cheryl Goicoechea: No, no, no. The 161 is the retiree's piece. The
City's piece is 91.
Mr. Litvak: No, no. What does the City pay for an active employee's
insurance today? Employees share, City's share, totals, what?
Ms. Goicoechea: Marshall, I'm sorry, I don't have employee figures with me.
I have retiree.
Mayor Clark: Well, would you give him an answer to his question.
Ms. Goicoechea: Sir, I'll have to go get the information. I don't - what I'm
saying to you is I have retiree rates with me.
Commissioner Plummer: I don't understand where these numbers are coming from.
The man has agreed to pay 100 percent of the cost. Now, she is saying 100
percent of the cost is how much?
Ms. Goicoechea: The question is 100 percent of the retiree cost, or the total
premium? The total premium...
Commissioner Plummer: Yes, that's what we agreed upon.
Ms. Goicoechea: But the total premium, sir, is retiree plus City
contribution. The rest of the retirees pay just their portion.
145 December 16, 1993
Commissioner Plummer: No, no, no. No City contribution. We said at 100
percent, solely at his cost, no cost to the taxpayer.
Ms. Goicoechea: That's 252.
Commissioner Plummer: Then that's what he pays.
Mr. Litvak: OK. The question is...
Commissioner Plummer: How simple can it be?
Mr. Litvak: ... the City paying the equivalent of $252 per employee, for an
active employee?
Commissioner Plummer: Eighty/twenty, isn't it?
Ms. Goicoechea: The answer is no.
Mr. Litvak: I mean, assuming the employee's share and the City's share totals
$252. Is that right?
Ms. Goicoechea: The employee and the City's share totals $252, if you do it
on a monthly basis, yeah.
Mr. Litvak: Regardless, if that's what it is, then would you please answer and this is on behalf of retirees - why is not an employee who retires today
paying $252?
Ms. Goicoechea: They're not paying 100 percent, Marshall.
Mr. Litvak: Why not?
Ms. Goicoechea: The City is subsidizing it.
Mr. Litvak: Why?
Mr. Cesar Odio (City Manager): I'll be glad to raise it to 100 percent. Is
that what you are asking, sir?
Mr. Litvak: Absolutely.
Mr. Odio: Because we've been trying for years...
Mr. Litvak: Because that's the agreement.
Mr. Odio: We've been trying for years to raise it to 100 percent, and out of
consideration to the retirees, because they didn't want to take that blow at
one time, we have been slowly getting to 100 percent. That's why. And you
are asking us to raise it to 100 percent. I'll be glad to, Mr. Mayor.
Mr. Litvak: Mr. Odio, I am talking about a current retiree. I am not talking
about...
146 December 16, 1993
Mayor Clark: Please, let me tell you something. We took some action here a
while ago, and this Commission is going to take no further action today. Now,
if you want to work this out, it's not going to be done here. You go back and
see Mr. Odio, personally.
Mr. Litvak: We'll be glad to meet with you.
Mayor Clark: Thank you. Next case.
Commissioner Plummer: I don't see how it could be any different, I really
don't.
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54. DISCUSS AND TEMPORARILY TABLE REQUEST BY THE ATLANTA OLYMPIC COMMITTEE
FOR A MINIMUM GUARANTEE OF REVENUE TO BE RECEIVED CONCERNING PRELIMINARY
QUARTER FINAL SOCCER MATCHES IN CONNECTION WITH THE 1996 OLYMPIC GAMES.
(See label 67)
Commissioner De Yurre: Mr. Mayor. Mr. Mayor.
Mayor Clark: Just a moment, please. Mr. Manager, under the soccer at the
Orange Bowl, have you seen this?
Mr. Cesar Odio (City Manager): Yes, sir. Sir, we - the Olympic Soccer will
be here in 196. The Olympic Committee has asked that the County and the City
would make sure that they don't have any deficits in the ticket sales. I
believe it's fair that the County and the City agree to a 50 percent share of
that liability, provided that we indemnify the County and the County
indemnifies us. Also, that we should take into consideration that Miami
Exhibition and Sports Authority is contributing $450,000, so - and that the
County TDC (Tourist Development Council) is going to contribute 100,000, so
that those monies be accounted for when we set up an escrow account, trying to
reduce the liabilities that we have. I feel...
Commissioner Plummer: But let's understand, OK?
Mr. Odio: Yes, sir.
Commissioner Plummer: Because the Mayor and I both sit on the TDC.
Mr. Odio: Right.
Commissioner Plummer: OK? That the County is not going to take any of the
money from the TDC and put that as part of their donation.
Mr. Odio: Well, if they do, if they do...
Mayor Clark: The City would take an equal amount.
Mr. Odio: If they do, we take an equal amount.
147 December 16, 1993
Caarmissioner Plummer: That's OK. Then let's understand that if monies from
the TDC come forth, they get 50 percent credit and we get 50 percent credit.
Mr. Odio: No, sir. Sir, let me explain something. We can do better than
that. If they say that $100,000 of the 1W comes towards this, we say the
MSEA (Miami Sports and Exhibition Authority) monies, 450, canes to this on our
side.
Vice Mayor Dawkins: But the MSEA agreed that they would... we would
contribute, I think, $450,000, if it was raised from the private sector. It's
not supposed to came from MSEA's budget. No, no, that's not my understanding,
now. Well, now, if I'm in error, I'll be corrected at the meeting.
Commissioner Plummer: Where is MSEA getting $450,000?
Vice Mayor Dawkins: But we said $150,000 if it came from private sources.
Mr. Bill Perry: No, no, no. That - Bill Perry, Miami Sports and Exhibition
Authority. There is $150,000 in our budget for the next three years, which
comes up to $450,000...
Vice Mayor Dawkins: But some - OK.
Mr. Perry: ... as toward our commitment, toward the 1996 Olympic Games.
Now...
Vice Mayor Dawkins: OK. All right. Pull the minutes of the meeting where
this was covered, OK? I think - now, I could be wrong, Mr. Perry, but I think
that it was said somewhere in the meeting that the Miami Sports and Exhibition
Authority did not have a barrel of money with no bottom in it.
Mr. Perry: Without a question, we don't have...
Vice Mayor Dawkins: And somewhere along the way, we may not have this money.
So therefore, I think it was said that this $150,000 would be paid if it... it
would be budgeted, but it would have to be raised from the private sector, I
think. Now, I could be wrong, Mr. Perry.
Commissioner Plummer: I don't remember, Mr. Perry, in your budget, a line
item for $150,000.
Mr. Perry: Yes, sir, it is.
Commissioner Plummer: For the Olympics?
Mr. Perry: The Olympic Soccer Competition line item budget.
Mayor Clark: Let him finish, let him finish.
Mr. Perry: It's a line item in our budget..
Mayor Clark: Go ahead, J.L.
Commissioner Plummer: I'll go back and look again.
148 December 16, 1993
Mr. Perry: In addition to that, it was agreed at the meeting when that
decision was made that we would go after private sector resources in
conjunction with our commitment.
Commissioner Plummer: Above that, or in conjunction with?
Mr. Perry: Above that.
Commissioner Plummer: Above the 450?
Mr. Perry: Right.
Vice Mayor Dawkins: That was not - no, that was - OK, fine. I mean, I have
to go back to the board, I mean, but that's not my understanding.
Mr. Perry: We can clarify it at the next meeting. We meet next week.
Mayor Clark: One at a time, one at a time.
Mr. Odio: OK. I do think that we have a deadline of January the 4th, Mr.
Mayor and Commissioners, to make sure that we assure the Olympic Committee
that they are safe and that this is going to happen, that we are going to be
responsible for this event and those monies that we need.
Mayor Clark: Let's approve, please, let's approve this concept and you work
it out, Mr. Manager.
Mr. Odio: Yes, sir. Yes, sir, please.
Commissioner De Yurre: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner De Yurre: And this is what I was trying to bring up a moment
ago. I have a number of questions on this matter. To begin with, what is the
$2.7 million?
Mr. Odio: We guaranteed to the Olympic Committee when that event was trying
to be moved to Miami that we would have guaranteed sales of tickets and
sponsorships of $2,700,000.
Commissioner Plummer: Who is "we" that made this guarantee?
Mr. Odio: Every committee that worked on it, including ourselves, trying to
achieve...
Commissioner Plummer: Excuse me. Did this Commission make that guarantee?
I'm asking the question.
Mr. Odio: No, you did not. No, you did not, sir.
Commissioner Plummer: Thank you. Go ahead, proceed.
149 December 16, 1993
fAn.•SX1,� WA
Mr. Odio: No, you did not. But...
Mayor Clark: We have, Mr. Manager, we've made a commitment with the County to
bring the Olympic Games here in 196.
Mr. Odio: Yes, sir.
Mayor Clark: We want you to work feverishly to make sure we live up to our
commitment with the County.
Mr. Odio: Yes, sir.
Mayor Clark: Let's don't start to have a battle midstream out here. Nothing
can be accomplished.
Mr. Odio: Yes, sir. I agree 100 percent.
Mayor Clark: Now, we can improve this concept and have the Manager come back
to us with a report. It has to be done by the 4th of January.
Mr. Odio: I have to send a letter, according to Chairman Teele, I have to
send a letter before the 4th.
Commissioner De Yurre: We're not meeting again before this letter goes out.
Mr. Odio: I know.
Commissioner De Yurre: And that's why I'm looking at this draft that was
attached to this handout, and to begin with, there is no reference at all as
to what our commitment entails. There's no - there is - we're not addressing
at all the fact that the 2.7 is originally going to come fran ticket sales at
the games. There's no mention of that in this letter.
Mr. Odio: If I may, may I - let's do this. We'll draft the letter. I'll
work it out with the County, and before it is sent out, I'll make sure that
you review it. If you have any objections, I'll make - we'll try to correct,
but...
Mayor Clark: That's the best way to get this thing worked out as soon as you
can.
Commissioner De Yurre: OK. Now, that's number one. Number two, we're
talking about in kind contributions, that they may not be treated as part of
the $2.7 million.
Commissioner Plummer: Willy, have you got that letter? Have you got the
letter he's reading?
Commissioner De Yurre: And I'm sure that at some point in time, somebody,
before 1996, is going to ask of us to donate police time, fire time, this
time, and that time. And if that's going to be the case, then I would much
rather donate the money to be part of the 2.7, as opposed to it being given in
kind, and they can just pay us for those services.
150 December 16, 1993
Commissioner Plummer: I don't have a copy of that.
Mr. Odio: No, sir. We cannot do that. The guarantee that was given to the
Olympic Committee was that we would guarantee that they would have $2.7
million of revenues.
Commissioner De Yurre: For what?
Mr. Odio: That's all they care about.
Commissioner De Yurre: What are they going to with that money, take it with
them?
Mr. Odio: Ticket sales, and corporate sponsorships.
Commissioner Plummer: Excuse me. I never received this.
Mr. Odio: That was - that was not an - I didn't send them out, because...
Commissioner Plummer: Well, you're asking me to vote, and you're asking...
Mr. Odio: I am not asking you to vote on that document, sir.
Commissioner Plummer: No, no. You're asking me to vote on a $2.7 million
item, and you're not giving me any backup material, Mr. Manager?
Mr. Odio: I am sorry, this has been just faxed over. This is something that
j has been happening...
{ Commissioner Plummer: Well, sir, I'm sorry. I just don't think it's fair
that you should ask any Commissioner up here to vote without having backup
{ material. Now, I know - you know, the only rush I had was at lunch. She was
i working on some document, but I don't know what she was working on.
Mr. Odio: I told you we were working on that document.
Commissioner Plummer: I understand that, sir, but I don't know what she was
working on.
Mr. Odio: I - well, you didn't listen.
Commissioner De Yurre: Are you telling me...
Commissioner Plummer: Can I, Mr. Mayor, may I please ask for this
consideration? At least give me until this evening to at least read over this
material. This is the first I know of it, sir.
i Mayor Clark: This is an emergency item. I think you're deserving of that,
Mr. Plummer. We'll move forward.'
Commissioner De Yurre: Well...
Vice Mayor Dawkins: Commissioner De Yurre is still trying to have an inquiry.
151 December 16, 1993
i
Commissioner De Yurre: Let me ask, are you telling me that we're required, on
top of this $2.7 million, to provide in kind services?
Mr. Odio: That has not been talked about. We will not talk about in kind
services if we don't guarantee that they can have the games here. I think we
need to make sure they come here first, and then start dealing with the County
and the organizers on what the City's contribution would have to be.
Commissioner De Yurre: OK. Now, this $2.7 million, are you talking about
gross or net revenue to the...
Mr. Odio: That's the gross.
Camiissioner De Yurre: Gross. So out of that 2.7, they're going to pay for
police, for the rental of the Orange Bowl, for everything that has to be paid
here; is that correct?
Mr. Odio: No, sir. I don't know the answer to that. No, sir.
Cammissioner De Yurre: Well, you have to have these answers, Cesar.
Mr. Odio: That's revenues that go to the Olympic Committee.
Commissioner De Yurre: Well, but that's gross.
Commissioner Plummer: How are you going to vote on this?
Mr. Perry: Well, if I - if I can recommend that what you're approving here is
basically a concept in principle; that the fact of the matter is that all - if
there is any loss in this particular event, it would be shared equally by the
City and by the County. It will cane back with an agreement between the
organizing committee, which is made up of the Miami Sports and Exhibition
Authority, the City of Miami, and the Orange Bowl Committee.
Commissioner Plummer: Cesar, you can't ask me to vote on something I haven't
seen.
Mr. Perry: And all you're doing is agreeing in principle now, because what -
the guarantee has to go before Atlanta. They're requiring that, like they
required from other cities. That agreement will cane back to you in reference
to, you know, once all parties will agree. But the County just doesn't want
to go in this endeavor, you know, by themselves, and that was their concern.
Commissioner De Yurre: Yeah, because, you know, the thing is, now, we have
the Orange Bowl game caning in, and all of a sudden, the teams are staying who
knows where, and I'm trying to see what actual, what...
Mr. Perry: Well, I can tell you exactly where the teams are staying. One
team is staying at the Airport Hilton, and you have another team staying over
on, I believe, on Miami Beach, Bal Harbor. This is for the Orange Bowl Game.
Mr. Odio: The teams are staying in the City of Miami.
Commissioner Plummer: Yeah, and you had one of the soccer teams in Fort
Lauderdale.
152 December 16, 1993
Commissioner De Yurre: OK. You see, but if I don't ask these questions, if
I...
Mayor Clark: May I read this into the record, and then you can go and do what
you want to. As you are aware, Atlanta has chosen the City of Miami Orange
Bowl as the site for several preliminary and quarter -final soccer matches in
'96. Due to the County including the Tourist Development Contribution for
this endeavor, the City of Miami, the Miami. Sports and Exhibition Authority's
contribution, and in kind services to be considered in this endeavor, the
credit of escrow funds will take place as an equal basis between the City and
the County as ticket sales revenues take place in our escrow. Now, that's
what we're trying to do. We've been chosen. If we can move forward with it,
fine. If not, we'll just put it to sleep and let's move back to Australia.
Commissioner Plummer: Mr. Mayor, that is not what I intend to do, but I do
intend to be informed.
Mayor Clark: Yes, sir.
Commissioner Plummer: And I haven't seen this letter, which was addressed to
you. This is the first that I've heard of it, and I think it behooves every
Commissioner to know what he's voting on.
Mayor Clark: Absolutely.
Commissioner Plummer: And I would ask, sir, that this matter be continued
over until after we finish the other agenda, where we have the time to sit
down and discuss it.
Mayor Clark: OK. No problem.
Vice Mayor Dawkins: But Mr. Mayor, may I make something clear? The Miami
Sports and Exhibition Authority did guarantee 100 and what, Bill?
Mr. Perry: In our budget, we have 150,000.
Vice Mayor Dawkins: No. What did we guarantee?
Mr. Perry: $450,000.
Vice Mayor Dawkins: All right. But, now, it's my - I could be wrong, but
it's my understanding, is that we would guarantee that if it couldn't be
raised - I mean, and I don't know why I got that feeling, Mr. Perry - but I
know we did guarantee it. But I thought it was guaranteed, that we would go
out and try to raise it, and then if we didn't raise it from the private
sector, what was left or whatever, that we would produce it. I don't know
where I got that from.
(INAUDIBLE COAM=)
Commissioner Plummer: Ha-ha. Ain't that the truth.
Commissioner Gort: Mr. Mayor.
153 December 16, 1993
Mayor Clark: All right. We'll just hold it up until after the balance of the
meeting.
Commissioner Gort: But Mr. Mayor, I'd like to get some information also, that
this money that we guarantee- that was a good question by Commissioner De
Yurre- is that money going to be utilized to pay part of the Orange Bowl, the
police and all that? I'd like to know. And besides the money, we also have
to add the expenses.
Mr. Odio: No, sir, that will not be part of that. That has nothing to do
with that.
Commissioner Plummer: In other words, we're going to have to be coming up
with other monies, or in kind?
Mr. Odio: No, sir. We're not even going to have to come up with this money.
All they are asking for, if they don't sell enough tickets, we have to be
responsible for half of that amount. There is no way that for eight games,
they will not sell over $5,000,000 in ticket sales.
Commissioner Gort: What you're telling me, then, the total cost of that
operation on the eight games is 2.5, and they don't think, they might not have
enough ticket sales to cover that.
Mr. Odio: That's all. They want a guarantee that we will stand up to our
commitment, that when we went up to Atlanta, and said, we can deliver, bring
the games here.
Mayor Clark: It's a highly competitive operation.
Mr. Odio: You better believe it.
Mayor Clark: If we want to take advantage of it, we're just going to find a
way.
Commissioner Gort: OK. Thank you.
Mayor Clark: All right. We're going to take care of it afterward.
------------------------------------------------------------------------------
55. APPROVE USE OF MARINE STADIUM FOR PARKING DURING ROYAL CARIBBEAN GOLF
CLASSIC EVENT.
Mayor Clark: What's the next item on the agenda?
Vice Mayor Dawkins: We go to the Planning and Zoning.
Mayor Clark: Where is it? Where is the agenda on that?
Commissioner Plummer: Mr. Mayor, excuse me. There are some police matters
they wanted to bring up. I have - and I'm going to make it damn clear. I
154 December 16, 1993
"4k
have pocket items which are by the Administration. If you want to hear them,
fine, and if you don't, it's fine. But I informed the Administration and my
staff that henceforth, from this day forward, I'm telling everybody that if
they want a pocket item, it's going to take approval of the unanimous vote of
this Commission. I'm tired of being the messenger around here.
Vice Mayor Dawkins: Well, if it's spending money, I'm going to call the rule.
So you go ahead.
Commissioner Plummer: All right, sir. Well, I'll tell you what they are.
OK?
Vice Mayor Dawkins: OK.
Commissioner Plumper: The first one is a resolution related to the Royal
Caribbean Golf Classic to be held in January, authorizing the use of the
Marine Stadium for volunteer parking, excluding 100 parking spaces for said
event. Said authorization contingent upon the organizers paying the cost of
necessary City services associated - applicable fees associated with said
event, and obtaining insurance to protect the City in an amount as prescribed
by the City Manager or his designee. This comes with the City Manager's
recommendation. It's up to my colleagues. What do you wish to do?
Vice Mayor Dawkins: How much money?
Commissioner Plummer: No money, sir. It's letting them use 100 parking
spaces.
Vice Mayor Dawkins: OK. All right. Move it.
Commissioner Plummer: Then I'll move it.
Vice Mayor Dawkins: Second.
Mayor Clark: Moved and seconded.
Vice Mayor Dawkins: No money.
Commissioner Plummer: All right, sir.
Mayor Clark: Call the roll.
Vice Mayor Dawkins: Call the roll.
155 December 16, 1993
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-798
A RESOLUTION RELATED TO THE ROYAL CARIBBEAN GOLF
CLASSIC TOURNAMENT TO BE HELD JANIJARY 31 THRUM
FEBRUARY 6, 1994; AUTHORIZING THE USE OF THE MARINE
STADIUM FOR VOLUNTEER PARKING, EXCLUDING ONE HUNDRED
(100) PARKING SPACES, FOR SAID EVENT, SAID
AUTHORIZATION CONDITIONED UPON THE ORGANIZERS PAYING
FOR COSTS OF NECESSARY CITY SERVICES AND APPLICABLE
FEES ASSOCIATED WITH SAID EVENT AND OBTAINING
INSURANCE TO PROTECT THE CITY IN AN AMOUNT AS
PRESCRIBED BY THE CITY MANAGER OR HIS DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
--------------------------------------------------------------------------------
56. APPROVE GRANT OF EASEMENT TO BELL SOUTH COMMUNICATIONS, INC. (D/B/A
SaMIERN BELL TELEPHONE AND TELEGRAPH COMPANY) -- FOR CONSTRUCTION /
INSTALLATION / MAINTENANCE OF NEW FIBER OPTICS TELEPHONE SERVICE AND
APPURTENANCES UNDER AND THROUGH CITY'S FIRE TRAINING CENTER (3425
JEFFERSON STREET) -- AUTHORIZE EKECUTION OF NECESSARY DOCUMENTS -
Commissioner Plummer: A resolution with attachments approving a grant of
easement in a form acceptable to the City Attorney to Bell South
Communications, Inc., doing business as Southern Bell Telephone and Telegraph
Company for construction, installation and maintenance of a new fiber optics
telephone service and appurtenances under and through the City of Miami Fire
156 December 16, 1993
W
Training Center, property located at 3425 Jefferson Street, Miami, Florida;
further authorizing the City Manager to execute said grant of easement on
behalf of the City of Miami. What is the pleasure of my colleagues?
Mayor Clark: Your pleasure. Do you move it?
Commissioner Plummer: I'll move it, sir.
Mayor Clark: Second?
Lt. Joseph Longueira: Commissioners, this is important for the backup site
for E911.
Vice Mayor Dawkins: So I'll second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-799
A RESOLUTION, WITH ATTACHMENTS, APPROVING A GRANT OF
EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO BELL
SOUTH COMMIUNICATIONS, INC. D/B/A SOUTHERN BELL+
TELEPHONE AND TELEGRAPH COMPANY FOR CONSTRUCTION,
INSTALLATION AND MAINTENANCE OF A NEW FIBER OPTICS
TELEPHONE SERVICE AND APPURTENANCES UNDER AND THROUGH
THE CITY OF MIAMI FIRE TRAINING CENTER PROPERTY
LOCATED AT 3425 JEFFERSON STREET, MIAMI, FLORIDA;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
GRANT OF EASEMENT ON BEHALF OF THE CITY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
157 December 16, 1993
1eo
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
i------------------------------------------------------------------------------
57. (Continued discussion) FIRST READING ORDINANCE: AMEND CODE CHAPTER 54
(STREETS AND SIDEWALKS), BY AMENDING SECTION 54-104 (NONSTANDARD STREET
WIDTHS), BY MODIFYING THE WIDTH OF ROYAL ROAD (BETWEEN MAIN HIGHWAY
SOUTHEASTERLY TO ITS TERMINUS AT BISCAYNE BAY). (See label 34)
Commissioner Plummer: And Commissioner Dawkins, this is yours that I'm
getting stuck with. An ordinance amending Chapter 54 of the Code of the City
of Miami, Florida, as amended, entitled "Streets and Sidewalks," by amending
Section 54-104 entitled "Nonstandard Street Widths," by modifying the width of
a certain street, containing a repealer provision, a severability clause, and
providing for an effective date. Would you like to move your ordinance, sir?
Vice Mayor Dawkins: That's not mine. You just told the guy this morning that
you were with him, but I will move it.
Commissioner Plummer: You dirty rat. You dirty rat.
Mayor Clark: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 54 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS
AND SIDEWALKS" BY ANENIDING SECTION 54-104 ENTITLED
"NONSTANDARD STREET WIDTHS" BY MODIFYING THE WIDTH OF
A CERTAIN STREET; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
DATE.
158 December 16, 1993
Was introduced by Vice Mayor Dawkins and seconded by Commissioner
Plummer and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
The ordinance was read into the public record and it was announced that
copies were available to the members of the City Commission and to the public.
------------------------------------------------------------------------------
58. (Continued discussion) AtTHORIZE FUNDING OF THE 1995 TRAINING
CONFERENCE OF THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE --
ALLOCATE $156,000 FROM LAW ENFOFJMv0U TRUST FUND (LETF) -- MONIES TO BE
USED AS SEED MONEY ONLY AND ULTIMATELY RETURNED TO THE CITY. (See label
22)
------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor, item 26 of the agenda of this morning, which
I asked for a deferment. Item 26 relates in the Police Department to law
Enforcement Trust Funds. They wish to bring it back up, Mr. Mayor. I have a
problem with it. I will move it only under the following conditions.
Mayor Clark: All right, Mr. Plummer.
Commissioner Plummer: $156,000, the City's allocation of seed money only;
that, that is money that is put up for them to pay for the cost to be returned
to that trust fund. I so move.
Mayor Clark: Is there a second?
Vice Mayor Dawkins: I second it, under discussion.
Mayor Clark: OR.
Vice Mayor Dawkins: I think that this Commission also should say to the Miami
Tourist Development that this is going to bring tourists in here to the City
of Miami, and if everybody else is putting up $156,000, then Merritt Sterheim
should donate $156,000, too. That's my feeling.
Commissioner Plummer: Sir, one of the reasons I got upset was that they had
not even applied to that which is the revenue source that they should have at
least applied to. I move it, Mr. Mayor.
Vice Mayor Dawkins: With that...
159 December 16, 1993
Mayor Clark: Second it?
Commissioner Plummer: Yes, sir.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-800
A RESOLUTION AUTHORIZING THE FUNDING OF THE 1995
TRAINING CONFERENCE OF THE INTERNATIONAL ASSOCIATION
OF CHIEFS OF POLICE IN AN AMOUNT NOT TO EXCEED
$156,000; ALU)C.ATING FUNDS THEREFOR FROM THE LAW
ENFORC EW TRUST FUND, SUCH EXPENDITURES HAVING BEEN
CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH
SECTION 932.7055, FLORIDA STATE STATUTES, AND BEING
SUBJECT TO APPLICABLE CITY CODE PROCUREMENT
PROVISIONS; FURTHER STATING THAT THE POLICE DEPARTMENT
WILL ENDEAVOR TO COLLECT AND REIMBURSE THE LAW
ENFORCE�T TRUST FUND THE HEREINABOVE SPECIFIED
AMOUNT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Vice Mayor Dawkins, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
160 December 16, 1993
J-kl'_
0:
------------------------------------------------------------------------------
59. (Continued discussion) ENGAGE SERVICES OF FESTIVAL FLOATS, INC. -- FOR
CONSMMION OF AN ANTI -DRUG AND CRIME PREVENTION PARADE FWAT FOR
UPCOMING HOLIDAY SEASON -- ALLOCATE (FOR THE LAST TIME) $17,500 FROM LAW
ENFORCEMENT TRUST FUND (LETF) -- FUTURE FUNDING TO COME FROM ALTERNATIVE
SOURCES. (See label 27)
Commissioner Plummer: Item 30, Mr. Mayor, pertains to a float by the Miami
Police Department in the Orange Bowl Parade for 90 minutes and 17...
Mayor Clark: We passed that already.
Commissioner Plummer: No, sir, we did not.
Ms. Matty Hirai (City Clerk): That had been withdrawn.
Commissioner Plummer: I asked for it to be deferred, and as far as I am
concerned, Mr. Mayor, I would like to move it with the following provision:
That this is the last year that it will come from the Law Enforcement Trust
Fund; that they have 12 months, and if they wish to have one in next year's
parade, they will go out and raise the money from the private sector, such as
from the Pig Bowl. I so move it with those conditions, and they have agreed
to them, Mr. Mayor.
Mayor Clark: Is there a second?
Commissioner Gort: Second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-801
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SWAGE
THE SERVICES OF FESTIVAL FLOATS, INC., FOR THE
CONSTRUCTION OF AN ANTI -DRUG AND CRIME PREVErTTION
PARADE FLOAT FOR THE UPCOMING HOLIDAY SEASON;
ALLOCATING FUNDS MMEFOR, IN AN AMOUNT NOT TO EXCEED
$17 , 500 , FROM THE LAW ENFORCEMENT TRUST FUND, PR0.7ECT
NO. 690001, INDEX CODE 029002-247, SUCH EXPENDITURES
HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS BEING
IN COMPLIANCE WITH FLORIDA STATE STATUTE 932.7055.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
161 December 16, 1993
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Cammissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
60. (Continued discussion) EMERG24CY ORDINANCE: AMEND ORDINANCE 10021,
WHICH ESTABLISHED INITIAL RESOURCES / APPROPRIATIONS FOR THE LAW
ENFORCE = TRUST FUND (LETF), TO PROVIDE FOR AN INCREASE OF $1,453,301
AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID FUND DUE TO
SUCCESSFUL FORFEITURE ACTIONS. (See label 3A)
Commissioner Plummer: The final item, Mr. Mayor, is item 2, which is an
emergency ordinance. This is for the complete appropriations with the
following stipulation: That each and every expenditure of money from this
fund as an individual line item must be brought back before this Commission
for final approval. This is with the Manager's concurrence and the Police
Department. Predicated upon that provision, I move item 2, Mr. Mayor.
Vice Mayor Dawkins: Second.
Commissioner Plummer: It's an ordinance. You have to read it. Item 2, sir.
Amending Ordinance Number 10021 adopted on July the 18th, 1985 as amended,
which establishes initial resources and additional appropriations for the Law
Enforcement Trust Fund, proceeded to deposit, pursuant to Ordinance Number
9257, adopted April 9, 1981, to provide an increase in the amount of
$1,453,301, the result of additional monies deposited to said fund due to
successful forfeiture actions, containing a repealer provision and
severability clause under the commitment. I so move, Mr. Mayor.
Mayor Clark: We have a second.
Vice Mayor Dawkins: Second.
Mayor Clark: Call the roll.
162 December 16, 1993
#-v 5"
AN ORDINANCE ENTITLED
AN EMERGENCY ORDINANCE ANENIDING ORDINANCE NO. 10021,
ADOPTED JULY 18, 1985, AS AMENDED, WHICH ESTABLISHED
INITIAL RESOURCES AND INITIAL APPROPRIATIONS FOR THE
LAW ENFORCEMENT TRUST FUND RECEIVED AND DEPOSITED
PURSUANT TO ORDINANCE NO. 9257, ADOPTED APRIL 9, 1981,
TO PROVIDE FOR AN INCREASE IN THE AMOUNT OF $1,453,301
AS A RESULT OF ADDITIONAL MONIES DEPOSITED IN SAID
FUND DUE TO SUCCESSFUL FORFEITURE ACTIONS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor
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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Vice Mayor Dawkins, adopted said ordinance by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 11109.
The City ordinance was read into the public record and it was announced
that copies were available to the members of the City Commission and to the
public.
163 December 16, 1993
MINUTES OF PLANNING AMID ZONING MEETING OF THE
CITY COMMISSION OF MIAMI, FIARIDA
On the 16th day of December, 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 4:45 p.m. by Mayor Stephen P. Clark
with the following members of the Commission found to be present:
ALSO PRESENT:
Cocnnissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
Sergio Rodriguez, Assistant City Manager
A. Quinn Jones, III, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
------------------------------------------------------------------------------
61. AFFIRM ZONING BOARD`S DECISION TO GRANT SPECIAL EXCEPTION (SD-7 CENTRAL
BRIC19ZL RAPID TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, CONDITIONAL
ACCESSORY USES) -- TO ALLOW A DRIVE -THROUGH FACILITY FOR A FINANCIAL
INSTITUTION, SUBJECT TO RESERVOIR REQUIREMENTS ESTABLISHED IN THE ZONING
ORDINANCE, AT 1150 S. MIAMI AVENUE. (Applicant: Banco Ganadero Miami
Agency.)
Mayor Clark: Item number 2, appeal of the Zoning Board's decision, 3030
Southwest 8th Street.
Commissioner Plummer: What happened to 1?
Vice Mayor Dawkins: PZ-l?
Mr. Sergio Rodriguez (Assistant City Manager): No. We are on PZ-1, Mr.
Mayor.
Vice Mayor Dawkins: PZ-1, Mr. Mayor.
Mr. Rodriguez: Sorry.
Mayor Clark: All right. Just go on and read it into the record.
164 December 16, 1993
Mr. Joe McManus: Mr. Mayor and members of the Commission, my name is Joe
McManus, Deputy Director of Planning, Building and Zoning Department. Item
PZ-1 has to do with a special exception for a financial institution with a
drive-in facility. This was recommended by the Planning, Building and Zoning
Department. It was recommended by the Zoning Board. They conform perfectly
to all our requirements at Banco Ganadero, 1150 South Miami Avenue, and we're
recommending the item. Thank you.
Mayor Clark: Are there any objections to this recommendation? The public
hearing is closed. Motion?
Commissioner Plummer: This is changing from what to what?
Mr. McManus: It's a...
Mr. Rodriguez: Special exception.
Mayor Clark: Special exception.
Commissioner Plummer: To permit what?
Mr. McManus: To permit a drive-in installation at the bank.
Commissioner Plummer: How many stacking will you have off of the street?
Mayor Clark: J.L.
Commissioner Plummer: Yes, sir.
Mayor Clark: Are we going to go through this or are we going to get with it?
Commissioner Plummer: Mr. Mayor, my concern has always been with drive-in
facilities, whether they're banks, liquor stores, or whatever, that there are
adequate stacking off of the street, that it doesn't back up on traffic and
create a jam like we had in a lot of other places.
Mr. Rodriguez: Commissioner....
Commissioner Plummer: How many...
Mayor Clark: Please, now, let's calm down just a mmament. If you want to
speak, give us your name, sir. one at a time.
Mr. Julio Grabiel: My name is Julio Grabiel, and I'm a partner with the firm
of Spillis Candela and Partners, the designers of the building. The site is
located on South Miami Avenue and Southwest 12th Street. All of the stacking,
which is ten automobiles, will be within the site, far away from the street.
So even beyond the ten, there's even space for additional stacking within the
site.
Commissioner Plummer: Excuse me, sir. Mr. City Manager, if they provided ten
or more, it was not to require a hearing.
165 December 16, 1993
M.
Mr. Rodriguez: Yes, you - the ordinance was changed some time ago at your
request that every time that we have a drive-in facility, we have to come
before the City Commission for approval.
Commissioner Plummer: OK. Move it. Who moved it?
Mayor Clark: Any further discussion? Moved by Commissioner Plummer.
Commissioner Plummer: Yes, sir.
Mayor Clark: Is there a second?
Commissioner Gort: I'll second.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-802
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD TO
GRANT A SPECIAL EXCEPTION AS LISTED IN ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MUM,
FLORIDA, ARTICLE 6, SECTION 607, SD-7 CMIRAL BRICKELL RAPID
TRANSIT COMMERCIAL -RESIDENTIAL DISTRICT, CONDITIONAL
ACCESSORY USES, TO AU_0W A DRIVE -MID" FACILITY FOR A
FINANCIAL INSTITUTION, SUBJECT TO RESERVOIR REQUIRMUTI'S
ESTABLISHED IN SECTION 931.2 OF THE ZONING ORDINANCE, AND
SUBJECT TO CITY COMSSION APPROVAL, FOR THE PROPERTY
LOCATED AT 1150 SOUTH MMU AVENUE, MI MI, FLORIDA, ALSO
DESCRIBED AS LOTS 18, 19, 20, 22, 23 AND 24, BLOCK 86 S,
A.L. RVdLTON'S MAP OF MIAMI, (B-41) PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; ZONED SD-7 CENTRAL BRICKELL RAPID TRANSIT
COMMERCIAL -RESIDENTIAL DISTRICT; PER PLANS ON FILE; SAID
SPECIAL EXCEPTION HAVING A TIME LIMITATION OF TWELVE MNTHS
IN WHICH A BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummier, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
166 December 16, 1993
62. (MANY APPEAL, REVERSE ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION FOR
DISTANCE REQUIREMENTS BETWEEN TWO NON -COP PACKAGE LIQUOR STORES TO
i PERMIT A 918.9' DISTANCE SEPARATION (1,500 MINIMUM DISTANCE REQUIRED)
FOR NON -COP PACKAGE LIQUOR STORES AT 3030 S.W. 8 STREET. (Applicant:
Jorgar Corp. / Ciprox, Inc. / Elias. Appellant: Manuel Rosado.)
------------------------------------------------------------------------------
Mayor Clark: Number 2. What's happened to number 2? Jorgar Corporation,
Applicant.
Mr. Sergio Rodriguez (Assistant City Manager): Since it is an appeal...
Mayor Clark: Appeal. Appelant comes first, Manuel Rosado is first. Is
Manuel Rosado present? Please come forward.
Commissioner Plummer: What is this? Pace?
Mayor Clark: You are appealing this decision. Give us your name and address
for the record.
Mr. Manuel Rosado: My name is Manuel Rosado. I live at 12230 Southwest 103
Terrace, Miami.
Mayor Clark: State the position of your appeal in this, your company.
Mr. Rosado: Yes, sir. I opened my liquor store and I, at that time, had no
problems with distances or anything like that, that would limit my ability to
open. After that, the Pace Warehouse has tried to open a liquor store,
although there are recommendations from the professionals of Planning and
Zoning of the City of Miami against it, basically because within three blocks,
three short City blocks, there would be then three places that would be
selling liquor. We would have myself, Omni Liquor Stores; there would be the
Lechonera, which is on 32nd Avenue and 8th Street; and the proposed store,
which would be at 30th Avenue. So it seems to me that it is completely
against any sane zoning practices to have three liquor stores stacked so
close, one to the other.
Mayor Clark: Do you own a liquor store?
Mr. Rosado: I'm sorry?
Mayor Clark: Do you have any interest in a liquor store?
Mr. Rosado: I own Omni Liquor Stores, yes, sir.
Mayor Clark: You own the liquor store?
Mr. Rosado: Yes.
Mayor Clark: All right. Anything further, sir?
167 December 16, 1993
Mr. Rosado: Yes. There is also the fact that this store is about - I mean
the proposed store is about 70 feet from residential property. There is, the
corner of the store, there is a wall, and residential property. The City
Ordinance talks about 350 feet to the nearest residential property; not the
door of the house, or going around the block, or anything like that. That was
the way that it was discussed before.
Mayor Clark: All right. We appreciate your concern. Is the applicant
present? You'll have a moment or two of rebuttal, sir, if you'd like to.
Thank you.
Ms. Bonnie Miskel: Good evening, Mr. Mayor and members of the Commission. My
name is Bonnie Miskel. I'm an attorney with Ruden, Barnett, McClosky, Smith,
Schuster and Russell, P.A. We represent Pace Membership Warehouse, and we
were the applicant in the application for special exception, which was
approved in October. Nothing that Mr. Rosado has said is grounds to overturn
the decision that was made by the Zoning Board. When we appeared in October,
we presented a set of circumstances and facts, and we set forth the criteria
for meeting a special exception. We met that special exception. The only
issue that Mr. Rosado raises today is with respect to the residential areas
adjacent to our client's property. His property is also adjacent to
residential areas. If that was altogether the only reason that we could not
operate, then he, too, would not be able to operate at this time. The
requirement in your code under Sections 4-10 and 4-11 provide that if you are
within a certain distance from residential neighborhoods, you need to assure
the Zoning Board and the City that you have adequately provided for a buffer,
and I will quote the language. 4-11, for example, provides that no
certificate of use shall be issued to an applicant where the proposed place of
business is nearer than 500 feet to an "R" or residential district, unless
such institution is so arranged, and the building so constructed to prevent
the emission of sounds, vibrations and odors. We set forth before the Zoning
Board that we... and we were asked to add a higher wall than is required
ordinarily, and we agreed to that, and that wall has been constructed. We
have limited severely our lighting, and there is no signage that would be
visible from the residences, and the substantial portion of the building
that's adjacent to the residential area has no way of ingress and egress.
Therefore, you don't have traffic, per se. So the Zoning Board reviewed and
considered those facts that we presented, and concluded that, that was not a
concern.
Mayor Clark: All right. Do you have anything to rebut?
(INAUDIBLE CODMENT)
Mayor Clark: No, sir. You had a chance to make a presentation, like this
gentleman here. There's a moment or two of rebuttal and then we'll cane to a
decision. And rebuttal was taken by this...
Mr. Rosado: Yes, yes. I need to say that she's saying that there is
residential property within 375 feet of my store. I am not going for a
special exception. The law applies, the 375 feet applies to the people who
are going for special exception. I did not go for special exception. Another
thing that she's talking about a wall that's supposedly helping the
neighborhood. I don't think that wall is supposedly... is helping. That wall
doesn't allow those people to even see the sun in the morning. And...
168 December 16, 1993
Mayor Clark: All right. This is going to be inside that large building that
Pace has there on Southwest 8th Street?
Ms. Miskel: Yes, it is, sir.
Mayor Clark: (Inaudible.)
Ms. Miskel: Not on the side adjacent to the residential, no. The signage is
on the front of the building that faces Southwest 8th Street. I might add,
the residents appeared - I'm sorry.
Mayor Clark: All right.
Mr. Rosado: There is an entrance on the outside to the store, which is very
close, also, to the residential properties, right on the side. I have a photo
of the place if you would like to look at it.
Mayor Clark: All right. I'm going to close the public hearing. What is the
pleasure of the Commission? Approve the finding of the Planning and Zoning
Board, approve the appeal?
Commissioner Plummer: OK. Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: Have we given those residents who came the opportunity
to speak on the issue?
Mayor Clark: I asked this gentleman, he was the appellant, his name. And
while he mentioned his name, he didn't say about other persons wanting to
speak.
Commissioner Plummer: Well, he's the appellant, but I'm talking about members
of the public, the general members of the public. We have always given them
the opportunity. We do ask if one or two could be committed as a spokesman
for any given group, it would help to expedite and not be repetitious.
Mayor Clark: Do you have any persons like that who want to add something?
Commissioner Plummer: Is there anybody of the public, neighbors or anything,
that would like to add something?
( INAUDIME CONA=)
Commissioner Plummer: Well, sir, we're trying - sir, we're trying to give you
that opportunity.
Mayor Clark: Please come forward. You don't want to come forward?
Unidentified Speaker: No. You told me no.
Mayor Clark: I didn't tell you. I said this man represents you?
169 December 16, 1993
Unidentified Speaker: CARAM A. QUE ME DIJO QUE NO.
Mayor Clark: Sir, come down here if you would like to. Don't start
threatening us.
Unidentified Speaker: (Unintelligible.)
Mayor Clark: Sir, if you don't want to talk, have a seat. If you want to
talk, come forward.
Commissioner Plummer: I'm sorry that I came back from the bathroom. I should
have stayed there.
Mayor Clark: Are there any other persons that want to talk or put on a show?
Yes, ma'am, you cone forward.
Mrs. Bertha Rosado: Yes. Good evening. I'm Bertha Rosado, and together with
my husband, we own this Omni Liquor Store. You mentioned...
Commissioner Plummer: We will need, ma'am - you've given us your name. We
need your mailing address.
Mrs. Rosado: Oh, I'm sorry. It's 12230 Southwest 103 Terrace, in Miami. And
you mentioned before that you don't want this to be repetitious. Since I have
the same interest as my husband with the store, I wouldn't like to be
repetitious. I just know here a couple of things that I'd like to mention.
One of the things that I want to call to your attention was that we appealed
the decision of the Miami Board because, one reason, they didn't have the time
to listen to all our requests. And the second reason was, is because we
believe that you, as the Commissioners, should pay attention to all the
regards to this situation; not only to what the law says, because we been
through before that the law has not been followed by the people that own Pace
or decide to open the Pace. So if you're not going to pay whole attention to
what the law says, you should pay attention to the situation itself regarding
who they are, who we are, and what kind of situation we have in the commmuiity
for this area.
Commissioner Plummer: Matty, you're not putting the clock on.
Mayor Clark: Please. Now, J.L., I have run these meetings for 25 years, and
I think I've done a good job.
Commissioner Plummer: You have, sir, without question.
Mayor Clark: Let me ask, have you anything further to add?
Mr. Rosado: Yes, sir. In the Zoning Board meeting, one of the facts that
Pace mentioned several times, and that seems to have been a preoccupation of
the Commissioners at that time, was that Pace had invested $5,000,000, and
that this was going to be such a hardship for them, not to be able to sell
liquors. I would like to bring that point also, because for them, it may be -
I don't know, two percent, one percent or whatever it is - for me, my family
and the family of my employees, it would be a hundred percent. So please take
that into consideration in your determination.
170 December 16, 1993
*6i_'`
Eiy ,
Mayor Clark: All right. Yes, sir, yes.
Mrs. Rosado: If you allow me, I'd just like to add that there are several
members of the community here that would like - well, they will not take the
stand to speak to you, but they would like to just let you know that they are
present, and that they are opposing, also, the special exception.
Mayor Clark: Just have them raise their hands if they're in opposition. Do
all of these people live in the area? All right. Thank you all for coming
down.
Commissioner Plummer: Is the representative of the applicant here?
Mayor Clark: Yes.
Commissioner Plummer: Not the appeal, but the applicant representing Pace.
Mayor Clark: Yes. We have the attorney.
Commissioner Plummer: The attorney for Pace? Sir, I'm sorry, you must have
spoke when I was out of the room. rib be granted this, sir, you have to have,
and show, and demonstrate a hardship. Can I ask, what is your hardship?
Ms. Miskel: Commissioner Plummer, as far as the special exception is
concerned, hardship is not required. However, we are prepared to show a
hardship. This is not a variance.
Commissioner Plummer: Well, OK. What is your hardship, besides financial?
I'm not talking about financial.
Ms. Miskel: That under the circm... Well, first of all, I would like to, and
I will defer to the City Attorney, but the hardship is not required. It is
not under Section 4-10.
Commissioner Plummer: OK. I'm going to say you've got to demonstrate to me a
hardship, OK? Whatever the code says, you're not entitled to it, and you're
asking for an exception for 500 feet less than what is required, and why
should I vote to give you that exception? For what reason? Why?
Ms. Miskel: Because we met every condition and criteria, and requirement of
your City Code.
Commissioner Plummer: No, ma'am, you didn't. You didn't make the 1500 feet.
Ms. Miskel: The 15, there is...
Commissioner Plummer: You're asking me to cut down over 500 feet required by
the code. Now, why should I give that to you?
Ms. Miskel: Your code states...
Commissioner Plummer: 1500 feet.
171 December 16, 1993
Mr. Rosado: It's almost 600 feet.
Ms. Miskel: Your code states, notwithstanding the above, said distance
requirements may be reduced for non -COP (consumption on premises) package
liquor store for consumption off premises only through the procedure in
Section 4-14G.
Commissioner Plummer: That's correct.
Ms. Miskel: In turning to 4-14G, we met all the criteria, the first one being
ample off-street parking. Your staff suggested that is, in fact, true.
Commissioner Plummer: Ma'am, is says "we may."
Ms. Miskel: That's correct.
Commissioner Plummer: It doesn't say "we shall."
Ms. Miskel: All right. Let me continue.
Mayor Clark: Let's come to a decision in this case.
Commissioner Plummer: I'm asking, again, if you can give me an answer as to
why I should grant you that. I haven't heard anything yet.
Ms. Miskel: Number one, we met all the conditions for your special exception
under Ordinance 11000, and Articles 13 and 16, and under this 4-14G. Also, my
client started this process over a year ago. They have had numerous meetings
with the City as far as site plan approvals, plat approvals, vacations and
special exceptions. We've met every condition of the City in all those
circumstances. We have invested tremendous time and money. We have opened
up, we have hired over 100 employees, and we have stocked the store. We are
servicing the community, and we have made several commitments to ccumnity
service oriented charities to help them out. So the commitments that we've
made thus far are not just financial, but they are also personal.
Commissioner Plummer: My final question is: Many of the Pace Stores have
gone into bankruptcy and foreclosure. Are we granting this with the
possibility that this one might also go into foreclosure and be a better off
sale because of the liquor license?
Ms. Miskel: My client is also...
Mayor Clark: I think they get restricted as to that Pace operation right
there, J.L.
Commissioner Plummer: Well, it's not - it's not so enclosed.
Ms. Miskel: Well, first of all, I'll be happy to answer your question,
Commissioner. This store is the subject of a sale of contract, and it's with
Walmart. So, no, this is not going into foreclosure.
Mayor Clark: All right. I'm going to close the public hearing now. I think
we've heard enough. What's the pleasure of the Commission?
172 December 16, 1993
OVA
Mr. Sergio Rodriguez (Assistant City Manager): Mr. Mayor, I would like to put
something on the record, since Ms. Miskel put on the record that the staff had
reviewed this in the past. I want to put on the record that the staff, in
reviewing this, never guaranteed the applicant, represented by Ms. Miskel,
that they would be able to have a liquor store in the site.
Mayor Clark: All right.
Commissioner De Yurre: Mr. Mayor.
Mr. Rosado: That was something that was brought up at the meeting with the
Zoning Board, and, you know, she kept saying that City officials had promised
them that they were going to be able to open. Now, they never mentioned any
names, and still, they're not naming anybody. It's just absurd.
Mayor Clark: Let's move forward. I think we have enough information to make
an intelligent decision. Pleasure of the Commission.
i
Commissioner De Yurre: Mr. Mayor, Mr. Mayor, I'm ready to move.
Commissioner Plummer: Wait, wait. Mr. Mayor, I'm confused. Are you telling
me you approved his... the granting of his appeal, which is denying them the
liquor?
j Mr. Rodriguez: Right. Right. We recommend... we denied the special
exception. It went to the Zoning Board. The Zoning Board granted it. It was
appealed by Mr. Rosado, and we support Mr. Rosado's appeal.
Commissioner Plummer: So what you're saying is, of the professional staff,
their recommendation is to not allow liquor to be sold.
Mr. Rodriguez: Right, yes, sir.
Commissioner Plummer: Boy, that's not the way I understood it in the
beginning. OK, thank you.
Mayor Clark: We're going to have to restructure a lot of things. Give us
your...
Mr. Rosado: The professionals of the City are saying that this is...
Mayor Clark: Sir, please. We've got a motion on the floor.
Commissioner Plummer: What is the motion?
Commissioner De Yurre: Mr. Mayor, I would move at this time that we uphold
the appeal, denying the special exception.
Commissioner Plummer: Second.
Mayor Clark: Call the roll, Madam Clerk.
173 December 16, 1993
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 93-803
A RESOUJTION, WITH ATTACHMENTS, GRANTING AN APPEAL,
RESERVING THE DECISION OF THE ZONING BOARD, AND
DENYING THE SPECIAL EXCEPTION, AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, ARTICLES 13 AND 16, AND AS
LISTED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, SECTION 4-14, FOR DISTANCE REQUIREMENTS
BETWEEN TWO NON -COP PACKAGE LIQUOR STORES (FOR
CONSUMPTION OFF -PREMISES ONLY) TO PERMIT A 918.9'
DISTANCE SEPARATION (1500' MINIMUM DISTANCE REQUIRED)
FOR NON -COP PACKAGE LIQUOR STORES FOR THE PROPERTY
LOCATED AT 3030 SOUTHWEST 8TH STREET, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO AND MADE A PART THEREOF); ZONED C-1 RESTRICTED
COMMERCIAL.
(Here follows body of resolution, omitted here and on
filcin the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
63. GRANT REQUEST AND APPROVE AMENDMErT.i' OF ZONING COVENANT RUNNING WITH THE
LAND FOR PROPERTY OWNED BY ALENA CORAL WAY PROPERTIES, INC. (AT
APPROXIMATELY THE S.E. CORNER OF S.W. 27 AVENUE TO 25 AVENUE AND FROM
S.W. 22 STREET TO S.W. 22 TERRACE) -- WITH PROVISOS AND AGREED -UPON
COVENANTS. (Applicant: Alena Coral Way Properties, Inc.)
Mayor Clark: Next item, item number 3.
(INAUDIBLE CavkNP)
Mayor Clark: Is it item 3 now?
Commissioner Plummer: Yes, sir.
174 December 16, 1993
Mayor Clark: I'm requesting when you leave, please leave quietly. We have
other items to take up.
Ms. Lourdes Slazyk: Good evening. For the record, my name is Lourdes Slazyk,
from the...
(BRIEF INTERRUPTION)
Mayor Clark: All right. Would you state your name again.
Ms. Slazyk: OK. Lourdes Slazyk, from the Planning, Building and Zoning
Department. PZ-3 is an amendment to a Zoning covenant which runs with the
land on the southeast corner of the intersection of Coral Way and 27th Avenue.
The covenant was first recorded in 1985. On July 22nd of 1993, the Commission
heard and continued this item, because the applicant had presented some new
plans that had not yet been reviewed by the neighbors or staff. On September
21st, it was continued to October 14th, and the applicant withdrew it prior to
the October 14th meeting. On November 22nd, the applicant resubmitted a
revised covenant to the original one on the property. The Planning, Building
and Zoning Department is still recommending approval of the covenant.
However, there are conditions and some unresolved issues on which there is
still not agreement between the Administration and the applicant. This board
here represents the four major unresolved issues. However, there are some
other minor issues that I would just like to put on the record. First of all,
the applicant is not in agreement in providing for a method of replenishing a
$75,000 maintenance bond which they're posting. The...
Commissioner Plummer: This is the discrepancies between the objectors and the
applicant.
Ms. Slazyk: Right. We've had...
Commissioner Plummer: Not between you.
Ms. Slazyk: Between the Administration, and the neighbors, and the applicant.
These are still some things that we're not in agreement.
Commissioner Plummer: OK. But then I'm to understand you and the neighbors
are together?
Mr. Sergio Rodriguez (Assistant City Clerk): Basically.
Ms. Slazyk: Basically.
Commissioner Plummer: And they are. So what is this performance bond? I've
not heard of that.
Ms. Slazyk: OK. They are to post a $75,000 maintenance bond for their
perimeter wall and the landscaping, and...
Commissioner Plummer: That if it's not cared for in a proper manner...
Ms. Slazyk: Right. We use the money.
175 December 16, 1993
Commissioner Plummer: ... it would be taken fran that bond and would be...
Haw long would that have to stay in effect?
Ms. Slazyk: Forever.
Commissioner Plummer: Forever?
Ms. Slazyk: As long as they have ownership and are operating the property in
this manner.
Commissioner Plummer: Could... excuse me. You pay a lot of money for a bond.
Would a letter of credit be just as... suffice? Excuse me. I pay high prices
here. I'm asking, would you get the same guarantee from a letter of credit to
draw down on, if, in fact, as opposed to a bond, which you have to pay an
annual fee on? If a letter of credit doesn't cost him anything, it serves the
same purpose, and I would say, why not give them the benefit of the doubt?
All you're trying to do is assure that the maintenance and the wall will be
upkept, and if it doesn't cost anything for a letter of credit, I'm asking you
if that's acceptable.
Ms. Slazyk: Yeah, if that's what the Commission wishes, if they...
Commissioner Plummer: To the City Attorney... Well, we can work that out,
OK?
Ms. Slazyk: Yeah. Those are some of...
Commissioner Plummer: I think we all want to make sure that it's landscaped
properly. Nobody is going to argue that point.
M. Slazyk: Right, and that it's maintained.
Commissioner Plummer: Nobody is going to argue that point.
Ms. Slazyk: And one of the other items on which there's still not agreement
Is that instead of solid perimeter wall, the Administration was recommending a
half wall with a wrought iron picket fence. That reduces the chances of
graffiti on it, and if it's landscaped on both sides, it's still an
appropriate buffer for the neighborhood.
Commissioner Plummer: Now, is that another discrepancy between you and the
neighbors and them?
Ms. Slazyk: Right. The latest amended covenant...
Commissioner Plummer: You got to tell me what they're recommending in lieu
of, so I know what the difference is, please.
Ms. Slazyk: OK. Right. On this board here, we've highlighted the four major
ones.
Commissioner Plummer: I don't see a thing in there about the wall.
176 December 16, 1993
Ms. Slazyk: No. These are the four major ones. I'm just going over some
other minor ones.
Commissioner Plummer: But - excuse me. If I'm going to hear what your side
of what you want and you don't tell me what they're willing to do, I don't
know how big the gap is between the two of you.
Ms. Slazyk: OK. Yes, you're right.
Commissioner Plummer: OK?
Ms. Slazyk: OK. The perimeter wall, they want to provide a solid wall all
the way around the property.
Commissioner Plummer: How high?
IMs. Slazyk: I believe it was seven feet, seven or eight feet. Eight feet.
Commissioner Plummer: Well, now, they're saying no. OK, go ahead. You go
ahead. That's what you understand. I'll accept that as what you understand.
Ms. Slazyk: All right, yes. But they turned in...
Commissioner Plummer: And the neighbors want a solid wall how high?
i
Ms. Slazyk: About a three-foot wall, with a wrought iron picket fence above
it.
Commissioner Plummer: Up to how high with the wrought iron?
Ms. Slazyk: Up to the same eight feet fence, but it wouldn't be a solid wall.
Commissioner Plummer: OK. OK, I understand. Go ahead, proceed.
Ms. Slazyk: All right. And the other two, the final two are the Planning,
Building and Zoning Director would like to retain the right to approve the
final major street elevations, and the final modified site plan.
Commissioner Plummer: Well, now the applicant's not opposed to that, is he?
Ms. Slazyk: And they, the applicant hasn't - well, he didn't put it in his
revised covenant, so I'm assuming...
Commissioner Plummer: I can't believe he'd be opposed to that. No way. OK.
Ms. Slazyk: OK. It wasn't in Their covenant.
Commissioner Plummer: Mr. Mayor, let's get to the major ones, if we may, now.
Ms. Slazyk: The major issues, OK.
Commissioner Plummer: This is the one I can't understand. To close the
parking lot at 11:00 o'clock at night to 7:00 a.m., but the store will be
open. I don't understand that one. Somebody's got to explain that one. Do
you understand that?
177 December 16, 1993
Ms. Slazyk: Yes. The...
Commissioner Plummer: Where are they going to park?
Ms. Slazyk: There is...
Commissioner Plummer: I mean, is that after 11:00 o'clock, they're going to
walk there?
Ms. Slazyk: Right. The only establishment which was supposed to remain open
24 hours is the pharmacy at the Eckerd's. There is sufficient street parking
to serve the pharmacy, once the parking lot closes at 11:00 p.m.
Commissioner Plummer: I'm sorry. I can't be - I cannot...
Ms. Slazyk: The neighbors requested that the parking lot not be open 24 hours
a day.
Commissioner Plummer: OK. Hey, look, everybody is entitled to their opinion.
I would not ask a woman today to walk from the street to a store in an empty
parking lot. I would not do that, OK? I think it's dangerous, but that's my
opinion, which I'm entitled to. Go on to the next item.
Ms. Slazyk: OK.
Mr. Rodriguez: Mr. Mayor, in that particular issue, the idea would be that
the parking lot would be closed, and there's enough parking on the streets, on
the, you know, available close by to get through.
Commissioner Plummer: Sir, I understand.
Mr. Rodriguez: OK. I just wanted to clarify that. OK.
Commissioner Plummer: And I know about the parking lot in the bank up on
Biscayne Boulevard that the woman walked from the HIM (Automatic Teller
Machine) 20 feet to her car, and she ain't around to talk about it today. OK?
Mayor Clark: All right. Let's move forward. Yes, you're right, J.L.
Ms. Slazyk: OK. Under the food establishments, the applicant had originally
agreed that there would be no food establishments, and they have since changed
their minds, and they took - they want to keep the door open for the
possibility of a restaurant. The neighbors are opposed to any food
establishments, supermarkets or restaurants, and that is not reflected in the
amended covenant.
Mayor Clark: All right.
Ms. Slazyk: OK. The ingress and egress issue, the proposal on file right
now, they would like a service entrance on 25th Avenue and 22nd Terrace, and
leave the primary ingress and egress for the, you know, the customers, on
Coral Way and 27th. We are, both the neighbors and the Administration are
opposed to any 22nd Terrace, you know, ingress or egress onto the site,
178 December 16, 1993
including service vehicles. We met with the Fire Department between the last
meeting and now, and they would prefer, for fire access, that we do have an
ingress only on 25th Avenue. The neighbors have agreed that if there has to
be, you know, some kind of an opening onto the site at 25th that ingress only
would be acceptable.
Commissioner Plummer: Well, if you could service from 25th, obviously, the
Fire Department could get in fran the same...
Mr. Rodriguez: Right.
Ms. Slazyk: On 25th, right. It's more difficult for them to get on on Coral
Way, because they would have to go the wrong way on the one-way part of Coral
Way.
' Commissioner Plummer: All right. My question is, on Coral Way or 27th Avenue
each, both are considered to be high speed roads. Is there in the muster
plan, which I have not seen their plan, is there a reduction of a speed lane,
as we see, let's say, on the Grove Gate Center, from 32nd Avenue down, where
the people stack up off of a side lane to make their right turn in or on 27th
Avenue?
Mr. Rodriguez: We're going to get a copy of the site plan, Mr. Commissioner.
Commissioner Plummer: What do you call that?
Mr. Rodriguez: A slowing lane.
Commissioner Plummer: A slowing lane? Is there either one of those there?
Because, I'll tell you, to pull off of either 27 or Coral Way, a 40-mile-an-
hour road, without a stacking lane, I think, could be very, very dangerous.
Ms. Slazyk: All right. What - what the Fire Department said, the nearest
fire station is over here. If they were to come down and try to get in this
way, they would have to go the wrong way on Coral Way for a half block and
they consider that very dangerous. They said it's a lot easier to take a left
here and ingress the site at this point, and that was the discussion we had
with them.
Commissioner Plummer: You are still missing my point. On 27th Avenue...
Ms. Slazyk: Yes, this... come in this way.
Commissioner Plummer: Where would you enter on 27th Avenue?
Ms. Slazyk: Right here. It would have to go under the parking, under the
building, the parking garage.
Commissioner Plummer: OK. Is there any speed reduction lane that would be a
turning off or a reduce in speed to get off, such as we see on Dixie Highway,
which is 45 miles an hour? This is 40.
Ms. Slazyk: Is there?
179 December 16, 1993
Mr. Rodriguez: There is a study, Commissioner.
Commissioner Gort: That's a right-hand turn in there.
Mayor Clark: on that corner, that's a right turn lane.
Commissioner Gort: That's a right turn lane where you have to slow down.
That's only to turn right, all the way from 22nd to Coral Way.
Commissioner Plummer: It's going to be confusing as hell.
Mayor Clark: There's a right turn lane there on 27th Avenue.
Mr. Rodriguez: Mr. Mayor, also, there is a traffic study that is supposed to
go with this proposal that is required from the applicant before the project
is built, and after, to see the effect of the traffic. So that will be
included.
Mayor Clark: All right.
Ms. Slazyk: Yeah. The final item was the traffic study. Public Works has a
list of recommendations they would like in that study. We also would like the
study to be completed with recommendations prior to a building permit. They
want to make it prior to the certificate of occupancy. We feel at that point,
it would be too late.
Mayor Clark: One question. Do you go through this thoroughly, through every
Zoning application? Like when I drive through Grove now, did you go through a
study like this before you gave that zoning over there? I don't think so.
All right. Thank you, ma'am. Let's hear from the attorney for the applicant.
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the Commission. For the
record, my name is Al Cardenas, with offices at 201 South Biscayne Boulevard,
Miami, Florida. I'm going to apologize to the Commission, because I think
that the best and most considerate thing to do at this time would be to hone
in on these covenant differences. But I know that the neighbors have counsel
here. I have no idea as to what possible legal ramifications there may be in
the future in terms of an appeal, and I have no alternative, on behalf of my
clients, but to kind of set - lay a predicate on the record, in terms of our
presentation. I'm going to fly through it as quickly as I can, and I
apologize to the Commission for the inconvenience, but any appeal from your
decision would be based on what's on the record, and I have no choice but to
feed the record. So I apologize, and I'll go as quickly as I can. First, I
want to provide, provide as... our first three exhibits will be aerial
photographs of the 160s, '70s and 180s, where it's clearly shown that
approximately 73 percent of this block was zoned commercial and dedicated to
commercial usage, such as Saunders Hardware. And you can see from the aerial
photographs there Saunders at that time. A majority of the property owners
living in the vicinity bought and resided in their homes while Saunders was
active at the property, and have been fully aware that most of the property
was zoned commercial, and occupied by commercial establishments. In 1984, the
City Commission rezoned a portion of the property from RS-22 residential to
CR-27, commercial residential, and a site plan was approved for a two-phase
office commercial development, consisting of over 350,000 square foot office
180 December 16, 1993
tower, and a retail mall of approximately 50,000 square feet. As a result,
and as part and parcel of that rezoning process, a covenant was recorded with
the land, which is one of the, or main, subject matter of the conversation
here. And I want to show very quickly the schematic of the project that was
permitted in 1984. That is actually a schematic of a project that we are
authorized at this time to build. We also have the architectural renderings
that were part and parcel of the 184 application, indicating that structure
that we're legally permitted to build at this time, based on the negotiations
that were done. I'm going to now show you quickly the schematic of the
proposed project that we have, which is approximately 22, 23 percent of the
density of the already approved project. What we have before you is a
proposed project, the site plan of which you briefly saw, that consists of
approximately 49,849 square feet, as compared to the 360,000 square feet that
are permitted for this site. The development of the site has about 630 feet
of frontage along Coral Way and 250 feet of frontage along Southwest 27th
Avenue. In every respect, this proposed site plan meets the City of Miami or
exceeds code requirements, and as a matter of fact, there are no variances, or
special exceptions, or other dispensations needed. As I said earlier, right
now, we're permitted, as a maximum floor area, to build 361,000 square feet.
We're... the total off-street parking spaces required for the project that
we're showing you are 166 spaces. Because of meetings we've had with the
neighbors and staff, we're providing a total of 233 parking spaces, to make
sure that there's not a shortage of space. To do that, we had to raise that
portion of the L-shaped project fronting on 27th Avenue so that there would be
available parking underneath, which increased the cost of the project from the
original design that we had submitted in July by about half, about $500,000,
half a million dollars, to provide the additional spaces. The maximum height
allowed on site for the project is 120 feet. We're providing 36 feet. Now, I
want to briefly thank Mr. Rodriguez' staff and especially the neighbors. I
know that we're not here with a full agreement, but I want you to know that
since 1991, when Winn -Dixie was originally proposed, we have had a number of
meetings with the neighbors, with staff, and everybody has discussed the issue
vigorously, to say the least, but I think it's been a healthy process for
everyone. My clients have got to understand the neighborhood their concerns
much better. And I think the staff, in turn, understands the situation that
we have. Basically, I want to go over right now, if I may, with the
introduction of the clients. You've already seen the site plan that the staff
has shown you, and Ben, if you could get that, please. And that is the
proposed site plan. I'm going to introduce the architect, and ask him to
briefly go over the... his site plan with you very quickly for a couple of
minutes, and then I want to introduce a traffic consultant who is doing their
work because traffic, I think, it's one of the paramount issues, and have him
explain to you what his rationale is with respect to this. I'm going to...
The architect is Mr. Antonio Verde, who is the president of H. A. Verde
Architects. He's a registered architect in Florida, Texas, Conwnwealth of
Puerto Rico, and so on, and so forth. I'm going to turn over to the Clerk the
curriculum vitae of the architect for the records. Mr. Verde, would you go
over to where the site plan is and give a brief synopsis of the project to the
Commission, if you will.
Mr. Antonio Verde: Good evening, my name is Antonio Verde, with offices at
550 N.W. Le Jeune Road, here in Miami. Basically, we would like... I think
that you all know the location of the project. What we try to do here is to
put 49,849 (sic) Street in such a way that it would be pleasant, not only for
181 December 16, 1993
the neighbors, but also for Coral Way. Actually what we have done is to put
most of the commercial area facing the street instead of the most conventional
shopping center where we have the parking in front of the commercial area.
Actually, what we have is basically three buildings; one which is going to
have 28,500 square feet, which is actually going to be designed in two
stories, the first story is going to be for parking, the second story is going
to be for retail. Second, there will be a small retail area which is going to
include about 7,360 square feet, that area here is going to have a two -face
type of elevation, it will be facing with an elevation...
Mayor Clark: Sir, wait a moment. Just a moment. Use the other microphone.
That gentleman there, sir, would you let him stand in the podium, please.
Gus, I think he can stand it...
Unidentified Speaker: He can move the mike this way.
Mayor Clark: OK.
Mr. Verde: I was talking about... the building in the middle is going to be a
building that is going to be the design with an elevation facing Coral Way,
and also elevation facing the parking lot. And thirdly, we have an Eckerd
store that is going to take about 13,000 square feet, which is actually
located to the east of the project. The parking area, as you can see, is to
the south of the construction, even further to the south, we have designed a
large buffered area, it's a landscaping street of about 24 feet, that
landscaping street is going to have a tremendous amount of landscaping as you
can see in the model. It will also have a fence which actually is going to be
designed according to the neighbors and the Planning Department requirements
instead of being just a flat face wall. What we are going to have is a fence,
a grill fence, with some columns and sane low areas of masonry wall.
Mr. Cardenas: Tony, if you will, a second. I want for the record to make two
statements right now. After our submittal of the plan, we have heard of some
preferences that staff and the neighbors have been discussing. Let me for the
record state, with respect to the setback where the wall will be constructed
and the type of wall, one, the site plan provides for a wall to be constructed
with a ten foot setback from the street right-of-way, and then another ten
foot grass landscaped area as well to the paved area of the parking lot. Some
of the neighbors have expressed a stronger interest in having the fence
further back as, in other words, 20 feet from the right-of-way, and whether
it's ten feet or twenty feet, it's OK with us. Whatever the neighborhood and
the staff prefer. In terms of the wall, our original design had been a
masonry wall, and a meeting with staff and the neighbors, they had preferred
the wrought iron with a strong landscaping, and again whatever the
neighborhood and the staff prefers, is fine with the applicant. Go ahead
please.
Mr. Verde: Another item that we are considering and we are going to be
designing within the landscaping plan is to provide a high ferm in the area
facing 22nd Terrace, simply because we don't want the cars when they come in
and park to shine their lights into the residential which is to the south of
it. Among other items that we and the owners are talking about is this
project is going to be designed with a group of material like roof tiles, we
are going to use also some wall tiles. We are going to be using some color
182 December 16, 1993
canvas in the elevation facing Coral Way. We are also going to be using
decorative lighting fixtures in the facade of the building, like lamp posts
and things like that to create an ambiance that is going to be kind of
relative to what Coral Way is. We are also going to be designing a parking
lot lighting which is going to be a low level lighting, and this is another
item that of course is going to cost more money. But, instead of putting only
a few post which are going to be very high, we are going to be designing a low
post lighting area so the lighting will not affect the residential
neighborhood. The entrances, like we talked about before, are mainly going to
be through 27th Avenue, to Coral Way and to 25th. There is a service entrance
in the area of 22nd, but only a service entrance that will never be connected
to the parking area, and that's the area where it's actually facing a
commercial section of 22nd. It's not facing any kind of residential area. If
you have any questions.
Mr. Cardenas: Thank you.
Commissioner Plummer: Al, I have one question.
Mr. Cardenas: Yes.
Commissioner Plummer: This is proposed for Eckerds?
Mr. Cardenas: Yes.
Commissioner Plummer: Thank you.
Mr. Cardenas: Yes, and Office Depot. And their representatives are here.
Commissioner Plummer: And everybody ]mows the chaos that's over at Eckerds
presently where the Publix market is.
Mr. Cardenas: Right. OK, thank you, Tony. I'd like to...
Mayor Clark: Well, one of the reasons for that chaos over there is no
parking.
Mr. Cardenas: Exactly.
Mayor Clark: That's the problem.
Commissioner Plummer: That's exactly, and that's why I can't understand...
Mayor Clark: If you go to the Publix market, you can never get a parking
space anywhere you go there.
Mr. Cardenas: Yes.
Commissioner Plummer: That's why I can't understand, Mr. Mayor, of anybody
proposing to close that parking lot at 11 o'clock, this is hopefully going to
eliminate that chaos.
Mr. Cardenas: The...
183 December 16, 1993
N
Mayor Clark: Please, please.
Mr. Cardenas: I'd like to at this time introduce the traffic consultant, Mr.
Henry Fandrei, is a senior associate with Transport Analysis Professionals,
and his experience and professional reputation are set forth in the written
introduction which for the sake of brevity, I'll turn over to the Clerk unless
the Commission has specific questions with respect to that. Mr. Fandrei.
Mr. Henry Fandrei: Good evening, my name is Henry Fandrei, I work for
Transport Analysis Professionals, at 9300 South Dadeland Boulevard. My firm
did the analysis of traffic circulation for this proposed development. One of
the main items to bring up is that this, the impact of traffic and circulation
of traffic through the neighborhood and on the Coral Way and 27th Avenue is
significantly less that the development that has been approved. This has
approximately 50,000 square feet of commercial, the approval has about 300,000
square feet of office, which by itself is a greater impact than this proposal
and the original proposal, or the original plan, also had about 50 to 60,000
square feet also of commercial. So clearly, there will be less traffic
generated by this development. We have looked at driveway locations, possible
scenarios for driveways, whether they are installed or not installed, we feel
there should be a driveway with access to the parking area on Coral Way which
would be right turn in, right turn out. There would be no adjustment to the
median in Coral Way. A similar driveway on 27th Avenue. We also feel it's
very important to have one on 25th Avenue. I have some overheads that would
show our reasoning for stressing the 25th Avenue driveway. There is a fourth
driveway proposed for 22nd Terrace. It is a service driveway only. It will
not be possible to reach the parking area from that driveway, and that
driveway is just off of 27th Avenue opposite commercial just to the south...
22nd Terrace.
Commissioner Plummer: Can I ask a question, sir?
Mr. Fandrei: Yes.
Commissioner Plummer: In reference to the so called service entrance on 25th
Avenue.
Mr. Fandrei: Twenty -Second Terrace, I mis-spoke, I apologize.
Commissioner Plummer: Where are you showing, that's the service area?
Mr. Fandrei: That's the service entrance, yes.
Commissioner Plummer: OK. And, that would not have any access to the other
parts of the parking lot?
Mr. Fandrei: Yes, sir, it would not.
Commissioner Plummer: It would, or would not?
Mr. Cardenas: Sir, they would not. Let me, if I can, show you on that 22nd
Terrace... Ben, if you could get the site plan closer to the Commission.
Commissioner Plummer: I can see it.
184 December 16, 1993
Mr. Cardenas: There is a barricade which is constructed immediately to the
right were Lourdes is showing you, and that barricades impedes both pedestrian
as well as vehicular traffic. As a matter of fact, the only reason why that
service entrance is there is twofold. one, it's immediately facing
commercially zoned property, not residential property to its south, number
two... so it's facing a commercial building. Number two, there will be no
more than half a dozen service vehicles which will comae in and out during the
permitted area of service in the day. So, you are talking about five
vehicular trips per day. Number three, the only reason why that's there is
that there is no other way of service that building without creating chaos
inside the parking lot for the clients.
Commissioner Plummer: How do you service the other buildings?
Mr. Cardenas: The other building, if you would see on Coral Way and 25th
Avenue, there is a similar bay to the east of the Eckerd's building that...
that's one of the major reasons why we are proposing the vehicular access.
And, we would have the vehicle go to that side which is buffered on Coral Way,
on the west by the Eckerd's wall, on the east by a wall, and there will be
walls and bays so that only a service vehicle can come in and out of there.
And, I presume that there'll be...
Commissioner Plummer: What I see, Al, is that you can get into the general
parking area as well as into the service area. I don't see any...
Mr. Cardenas: That from 25th Avenue, that's correct. That's not correct for
22nd Terrace.
Commissioner Plummer: OK. Now, my other question is, you are talking about
27th Avenue of going under the building?
Mr. Cardenas: Yes.
Commissioner Plummer: Can a fire truck get into there?
Mr. Cardenas: Yes, sir.
Commissioner Plummer: In other words, you've run that by the Fire Department.
Unidentified Speaker: No.
Mr. Cardenas: No, I'm sorry it can not. It cannot. That's one of the major
reasons why the Fire Department insisted that you have ingress... that you
have ingress on 25th Avenue, and I believe it to be a true statement that if
you ask the Fire Department, they strongly prefer to have egress as well on
25th Avenue.
Commissioner Plummer: So, what you are saying is, in the case of an
emergency, they can ingress from Coral Way, and they can ingress from 25th
Road... 25th Avenue?
Mr. Cardenas: Yes, sir.
185 December 16, 1993
Commissioner Plummer: But, the neighbors do not want 25th Avenue, now how do
I equate that? I don't think that large a structure of 230 parking spaces,
that one ingress -egress is ample.
Mr. Cardenas: Let me also add for the record, Commissioner, in asking your
question, that the current covenant... OK.
Commissioner Plummer: No, let me ask a question. Let me ask a question.
Have you considered in between those other buildings an ingress by one of...
in from Coral Way, and one back out to Coral Way?
Mr. Cardenas: There is, you know, opportunity for vehicular access on Coral
Way. The problem, according to the traffic consultant, has to do with the
traffic flow pattern. Because vehicles traversing, you know, eastward on...
westward, excuse me, you know, really need to use that. The question became,
in terms of the traffic study... And, let me say this because I think we now
are in agreement with staff with respect to the traffic study. We had
agreed... We had submitted a comprehensive, we thought, voluntary covenant
with respect to conducting a traffic study. Staff felt differently and
provided a full page long phase one and phase two traffic study proposal that
was going to... that was to be conducted and funded by the applicant. Phase
one was prior to the certificate of occupancy and prior to beginning
construction. Phase two was to be scheduled within four months of that. And,
we have agreed, and we will agree with staff, to conduct a study and to live
by all of the implications that staff has agreed. We have one disagreement,
and that is that part of the impact fee which a client is paying for is
supposed to include traffic improvements. Now, we've agreed to one, submit
ourselves to the phase one and phase two traffic analysis, and number two,
we've agreed to also in addition to the impact fee, pay for traffic
improvements up to the sum of $25,000, in addition to the impact fee. And,
lastly, the issue of street closure is before you today, and it is our
feeling, and I believe it's staff feeling, that the issue of street closure
should be really continued or left to the conclusion of the phase two of the
traffic study. Because that phase two of the traffic study is going to
provide you with the data you need to make a decision on the numbers as to
whether you ought to consider it. Forget philosophy for a second because I
know that some people, and rightfully so for many reasons, feel that the
street closures cannot be, you know, provided at random. But, I don't think
even those who may favor street closures would want to do that without some
very basic data to go with. And, that data is not going to be available to
you until the conclusion of phase two. So, what we are suggesting is that
one, the impact that the neighbors feel would be on 25th Avenue, really won't.
Two, whatever impact there is would be drastically less than what's permitted
there now. And three, if you eventually want to have a street closure
immediately to the north -.immediately to the south of the 25th Avenue ingress
and egress, let the traffic study support it, and then we will all favor it.
And, that way it won't be an issue for the neighbors. But lastly, let me say,
Commissioner, that in the current covenant we have, and the building, the tall
office tower that's permitted, there at all times was ingress and egress on
25th Avenue. There at all times was ingress and egress on 22nd Terrace, and
there at all times was ingress and egress on Coral Way. We've added the 27th
Avenue ingress and egress at the petition of the neighbors, and we are happy
to do that. It cost the client $500,000 to do that because they also wanted
additional parking and you couldn't do both without lifting that structure
186 December 16, 1993
which he's proposed to do. But, what we are really proposing to you is to
have only a service entrance instead of an ingress and egress on 22nd Terrace
that's currently permitted, and to have access on 27th Avenue. So frankly,
not only is it a significantly less impact than is currently provided, but the
accesses which are already approved are going to be of much less impact to the
neighborhood.
Commissioner Plummer: To my high priced help, I'm traveling south on 27th
Avenue approaching Coral Way, haw do I get into this project?
Mr. Jim Kay: You make a left turn.
Commissioner Plummer: Uh?
Mr. Kay: Make a left turn.
Commissioner Plummer: Where?
Mr. Kay: On 27th Avenue on to Coral Way. Make a left turn there...
Mr. Sergio Rodriguez (Assitant City Manager): Go east.
Commissioner Plummer: OK.
Mr. Kay: Go east and then make a right turn.
Commissioner Plummer: Excuse me, I'm now past Coral Way.
Mr. Kay: OK, you are now past Coral Way.
Commissioner Plummer: How do I get into the project?
Mr. Rodriguez: Enter the Publix.
Commissioner Plummer: Uh? I've now passed Coral Way, how do I get... How?
Unidentified Speaker: There is an entrance...
Commissioner Plummer: No, sir, I've passed Coral Way, OK. Yeah. How do I
get into the project?
Mr. Rodriguez: Make a "U" turn. "U" turn.
Mr. Verde: You made a mistake.
Mayor Clark: Listen, Plummer doesn't have any problem in finding his way
around this town. He knows what he's talking about.
Commissioner Plummer: No, the problem, Mr. Mayor, there is a median on 27th
Avenue.
Mr. Cardenas: All right.
Commissioner Plummer: It will not allow you to use the ingress under the
building.
187 December 16, 1993
Mayor Clark: At that point.
Commissioner Plummer: You are talking about possibly blocking off the street.
The only way I know that you could do it would be to go down around Publix,
and over back over on to Coral Way through the Chinese restaurant and cane
back out that way.
Mayor Clark: Does not 22nd Terrace have an opening in the...
Commissioner Plummer: Well, they are talking about closing the 25th Avenue,
if in fact... is that correct? Isn't that part of the idea?
Mr. Kay: That is a companion item here. That's the next item. But, that
is... it would be a consideration of the results of the traffic study,
depending on what they show.
Commissioner Plummer: OK, but I'm saying that's just making it more
difficult, if you try to get into this thing from that area.
Mayor Clark: All right.
Mr. Kay: OK.
Mr. Cardenas: Yes, quickly, Mr. Mayor, if I may proceed, I want to introduce
the head of the development team, Mr. Fraga, now. And, in doing so, I wanted
to quickly read two things for the record which I think are important. One is
from the Mayor of the City of Winston-Salem, in North Carolina. She says the
following, "On behalf of the City of Winston-Salem, I want you to know how
proud we are of the excellent work you have done to improve the shopping
center. It is very attractive and in keeping the long standing community
values. The variety of tenants from Office Depot to Lowe's Foods offer
outstanding service to our residents." Then there is one from the City of
Homestead praising the client for the expeditious manner in which they rebuild
the shopping center after Hurricane Andrew. Not only did they add additional
stores and restaurants, but they added to the commercial base of Homestead,
looking forward at working with them. FIRC Group, which is the developer in
the project, has been involved for 13 years...
Mayor Clark: Wait a minute, let's have meetings outside, please.
Mr. Cardenas: ...has been involved for over 13 years with the acquisition
management and development of nearly three million square feet of retail
properties in Florida, North Carolina, and Virginia. I'd like to introduce,
to provide these to the Clerk as part of our exhibits and ask Mr. Fraga to
introduce our representatives from both Eckerds and Office Depot, and they are
important to be here because I think they can tell you what they intend to
mean for the City, and also why they need certain minimum requirements for
operating their facilities. Mr. Fraga.
Commissioner Plummer: Why don't we start working out the compromise and knock
off this crap?
Mr. Antonio 0. Fraga: Mr. Mayor, Commissioners, my name is Antonio O. Fraga,
my offices are 2239 S.W. 37th Avenue. I'm the developer of the project. The
188 December 16, 1993
project basically
consist of two
anchor or
major tenants, Office Depot and
Eckerds. There
are six bays there left
for small tenants, and so it's
basically a two
tenant project.
Without
taking any more time from the
Commission, I'd like to introduce
Barry Ruzat.
Barry where are you? Barry
has been employed
by Office Depot
for five
years as director of real estate
for the southern
region which is
comprised
of twelve states and 150 stores.
Prior to Office Depot, Mr. Ruzat,
was employed by Federal Discount Drugs for
12 years. He's a
native of Miami.
Commissioner Plummer: Are you closing the other one? I'm asking you a
question. Are you closing the other Office Depot at the Extra store?
Mr. Barry Ruzat: That will be our intention, yes.
Commissioner Plummer: Oh, OK. you've not closed it, but if you win this, you
would?
Mr. Ruzat: Yes, that would be our intention.
Mayor Clark: All right, anything further?
Mr. Ruzat: No, very quickly I just wanted to say that I'm sure that all of
you are familiar with our store, with Office Depot in South Florida. And,
that our intention would be to be a good corporate neighbor in the City, as we
believe we have been. And, we would employ 40 to 50 people at this location.
And, I am here to answer any questions that you might have about our
operation. I make myself available.
Commissioner Gort: Mr. Mayor, I have a question.
Mayor Clark: All right, Mr. Gort.
Commissioner Gort: Sir, your operating hours?
Mr. Ruzat: Operating hours are Monday through Friday, 8:00 a.m. to 9:00 p.m.,
Saturday, 9:00 to 9:00, and Sunday 10:00 to 6:00.
Mayor Clark: Thank you, sir.
Mr. Fraga: I'd like to take the time to introduce Mr. Juan Mora. Juan is
district manager of operations for Eckerd Drugs. He has been employed with
Eckerds for 18 years. He also serves as the chairman of the Florida Board of
Pharmacy.
Mr. Juan Mora: Commissioners, on behalf of Eckerd Drugs, most of you are
fairly familiar with our location there next to Publix. And, Commissioner
Plummer, you are thoroughly aware of the situation that we are faced with with
parking right now. This would provide us a tremendous opportunity to continue
serving the community. To provide 24 hours pharmacy services, which the area
sorely needs. We think it would be an excellent opportunity for us to
continue being a partner with a community. We've been in that location off of
Coral Way and 27th Avenue for over 25 years now, and it's obvious that we
intend on being there. We are asking for your support. We really don't
understand some of the questions that are coming up.
189 December 16, 1993
Mayor Clark: Thank you, sir. Please, sir, if you have comments, you'll have
a chance to speak.
Mr. Cardenas: Thank you, Mr. Mora. Mr. Mayor, another issue which has been
raised, and we'll answer it very quickly, is what the neighbors have raised
during this whole process is the whole issue of property values in their
neighborhood. And, I wanted to introduce briefly Mr. Arturo Hernandez, who is
not only a Silver Bluff resident, but a realtor who for the past two years has
specialized in selling real estate in the Silver Bluff area. He's a realtor
with Jorge Correa, Inc., and he's personally negotiated the sale of
approximately 12 Silver Bluff homes. Mr. Hernandez would you...
Mayor Clark: Mr. Hernandez.
Mr. Arturo Hernandez: Members of the Commission, now I just wanted to state,
and this is based on my sole opinion. Due to the fact that I've sold in the
last two years maybe ten, twelve homes in that neighborhood, that I don't see
how the property values could decrease by this project being allowed in the
neighborhood. As a matter of fact, I think it is better for the type of
people that are moving into the neighborhood to have a project like this
simply because these are people that are at this point coming back from the
Kendall area, and you know western areas of the County. And they are used to
supermarkets which are larger, where they have ample space, you know, in the
parking area, and that's something that, you know, we are lacking in our
neighborhood. So, based on that, I think that more projects like this are
actually going to be more accessable or more to the liking of the individuals
that are moving into the neighborhood at the present time. So, I don't see
how it could damage.
Mayor Clark: OK, thank you, sir.
Mr. Hernandez: OK.
Mr. Cardenas: Thank you, Mr. Hernandez. Mr. Mayor, members of the
Commission, let me if I can now run over the covenant modifications that we
have actually presented to the City very briefly because I think it's
important for you to understand that even though we are proposing... this is
the first time that I've ever been involved in this in 20 years of practicing
law, where I come before the Commission with a project which is about one-
third in size of what is permitted to do, and yet... and we are providing ten,
twelve, fifteen additional incentives to the community than the previous
project already approved has provided and has met with such a strong debate.
All of the paragraphs, the four or five changes which have been requested from
the original covenant represent improvements to the neighborhood. For
example, paragraph four which is the landscaping paragraph on the original
covenant, was deleted and replaced by a new covenant that provides not only
all of the things that the previous paragraph did, but provides for the City
involvement in the approval of the plant species and the locations of those
species as well as a $75,000 bond to make sure that the walls are kept and so
forth. Those were not in the original covenant. Paragraph five which deleted
the previous paragraph and deals with restriction of zoning on adjoining lots,
not only covenants that the client if they acquire the real estate property
across the street on 22nd Terrace will never seek commercial or different
190 December 16, 1993
zoning for it, but it provides, contrary to what the original covenant did,
that there'll not be any supermarkets on this site, that all of the air
conditioning and mechanical units will be properly insulated to avoid the
noise spill over, which the neighbors wanted. And, that the parking shall be
at a ratio of one space per 210 square feet. Paragraph six, which dealt
before with parking garages, which are permitted for this project, has been
deleted in his entirely and replaced with a new paragraph which provides for
the enhancement of the perimeter wall and a much wider rear set back footage.
Paragraph seven which restricted ingress and egress, in the old covenant
permitted access on 22nd Terrace, access on 25th Avenue as well as Coral Way.
The one that we've replaced limits ingress on 22nd Terrace exclusively to a
handfull of trips per day for the service vehicles. Paragraph eight, which
had to do with solid waste pick up, we kept all of the things we committed to
before but because of the request of the neighbors, we've added covenant
provisions were we'll enclose the dump areas by walls and gates. We will
limit the hours of pickup from 7:00 a.m. to 9:00 p.m. on weekdays, and 9:00 to
9:00 on weekdays. Paragraph nine where restrictions on construction
activities, we've included all of the previous covenants and included a new
paragraph which in essence, in addition to that, has mandatory wedding of the
property for dust control, and limits the outdoor construction operations to
strict hours. So, every single thing that was in the previous covenant has
been deleted and we've added new provisions to enhance the relationship with
the neighborhood and their request even though we are lowering intensity by
three, four hundred percent. The neighbors and the staff, their only
really... a number of areas, I think, as staff pointed out, that we are in
disagreement. Frankly, Mr. Mayor, members of the Commission, I want to show
to you a map of Coral Way that we also want to put part on the record showing
the C-1 area overlay as well as some of the special exceptions that permit
parking. And, I would say, all modesty aside, that I have represented the
applicants in probably 80 percent of those applications. At no time have any
of my clients proffered the type of covenants that are being proffered here
this evening, nor at any time has staff ever requested the kind of covenants
that are being requested here this evening, although we acknowledge that all
these conditions are subject to debate. But, in terms of... in terms of the
legal position of my client, we submitted a legal opinion to Ms. Abella, which
is part of the record and we are submitting a copy for the Clerk, where
basically we are saying there are three or four basic legal rights which we
like to have observed. One is the equal protection, being treated as the
other property owners have been treated in this from 22nd Avenue to 37th
Avenue in the south side of Coral Way. I'm requesting that all request be
reasonable. In other words, if we are lessening traffic impact, is it
reasonable to ask for more things? We've acquieced to, I would say, 80
percent of those things which have been requested. But things like more
limited hours of operation than the anchor tenants would permit would
basically not permit the project to occur. And, those are the areas where we
cannot compromise. In the area of providing the service bay on 22nd Terrace,
there is no other way to service that building without causing major
disruption. Another thing I want to tell the staff, the Commission, is that
there were five basic changes to the design which are costing the client an
excess of a million dollars. One is all the facade changes by having the
property front Coral Way, the second one is the lifting of the surface parking
below the building on 27th Avenue. We've limited the lighting to low level
lighting, low spectrum lighting to a height of no more than 15 feet which are
also quite a bit more expensive, the facade changes. If you add all the
191 December 16, 1993
changes which we've agreed with the neighbors during the last year or so, they
add in excess of a million dollars. Now, this is a project which is a seven
million dollar project. It's not a hundred million dollar project. So, a
million dollars in increase construction cost on a seven million dollar
project is an incredible concession we feel. And, lastly we want to tell this
Commission that we believe that the neighborhood is strongly in support of
this project. And, in support of that statement, I want to do the following.
I am going to ask those folks who are here, who live in this area, if they
could please stand up and acknowledge being here today. Those people in
support of the project. Number two, I want to introduce at this time copies
of petitions that have been signed in support of the project and make them for
the record which includes over 700... 692 petitions from citizens in this
area. And, what we've done is we've charted in a map now, this is only Silver
Bluff. This is the Silver Bluff neighborhood exclusively. And, we have
marked in green dots the addresses of all those individuals who have
acknowledge in writing their approval of the subject property. And, we'd like
to introduce this for the record because we feel, I think as the neighbors
feel, overwhelmingly that they are strongly in support of this project. I'd
like now to ask the neighbors that are most concerned about this project which
are the four hones on 22nd Terrace, on the south side of 22nd Terrace, that
are facing the proposed project. Three of those owners are here, and they are
here to attest... I think there are seven homes there - nine homes, excuse me.
Three of those neighbors are here, and they wanted to come and just say hello
and tell you that they strongly support the project. And, I'd like for then
to come up if they can. They are Ms. Florinda Rodriguez, Maria Suarez, and
Orlando Cruz.
[NOTE: INTERSPERSED TH1WG-IOUr THE HEREIN TRANSCRIPT, ARE
STATEMENTS IN SPANISH. FtiOLLOWING EACH AND EVERY
STATEMENr, PLEASE FIND THE CORRESPONDING TRANSLATION
INTO ENGLISH OR SPANISH, AS THE CASE MAY BE.
SPANISH STAM40TS WILL BE DENCY= BY CAPITAL
LETTERS. TRANSLATION WERE MADE BY ASSISTANT CITY
MANAGER SERGIO RODRIGJEZ.]
Ms. Florinda Rodriguez: MI NCNBRE ES FLORINDA RODRIGUEZ. RACE 24 ANOS QUE YO
CORE FRENTE POR FRERM AL TERRENO QUE QUIEREN HACER EL...
Mr. Rodriguez: Ma'am, give me a chance to try to ti:enslate. TRANSLATION: My
name is Florinda Rodriguez. I live for 24 years across the street from the
project which is being proposed.
Ms. Rodriguez: VIVO FRENTE POR FRENI'E EL TERRENO QUE VAN A HACER EL SHOPPING.
EN EL 2560 SOUTHWEST 22ND TERRACE. Y ESTOY DE ACUERDO DE QUE HAGAN EL
SHOPPING.
TRANSLATION: I live across the street from the proposal in this case. In
2560 S.W. 22nd Terrace. I am in support of the development of the shopping
center.
Ms. Maria Suarez: BUENAS NOCHES, MI NOMBRE ES MARIA SUAREZ. VIVO EN EL 2600
S.W. 22ND TERRACE, FRENTE POR F'RE[ M AL TERRENO . Y APRUEBO EL PROYE=-
TRANSLATION: My name is Maria Suarez, I live in 2600 S.W. 22nd Terrace,
across from the lot, and she supports the project.
192 December 16, 1993
Mr. Orlando Cruz: BUENAS NOCHES, MI NC BRE ES ORLANDO CRUZ. VIVO EN EL 2630
S.W. 22 TERRACE HALE 22 ANOS. APRUEBO EL PROYECTO. THANK YOU.
Transalation: Good evening, my name is Orlando Cruz. I live at 2630 S.W.
22nd Terrace for 22 years. I support the project.
Mr. Cardenas: I'd like to introduce now the chairman emeritus of CAMACOL and
the head of our of most notorious business organization in the City who would
like to say a couple of words. Mr. Luis Sabines.
Mr. Luis Sabines: MR. MAYOR, MR. COMISIONADO, A FAVOR DE SERVIRME DE
IN1'ERPRETE PORQUE YO NO SE... EL INGT,ES MIO NO ES BUENO. YO NO ESTOY COTI'RA
NADIE, PERO NO ES JUSTO DE QUE LA GENTS QUIERAN FABRICAR AQUI, Y SIEMPRE LES
ESTEN PONIENDO OBSTACUM. LO QUE PRODUCE DINERO AQLJI, Y LO QUE PRODUCE
EMIPLEO, SON LOS NEGOCIOS, Y SI VAN A PONER OBSTXUM, TENMOS QUE IRNOS DE
AQUI DE LA CIUDAD DE MIAMI. ESO SI SE LO GARANPIZO YO.
TRANSLATION: And, my English is not good so I need an interpreter. I am not
against anybody. It is not fair the people want to make... do business and
construct in the City does not allowed to do so and they have obstacles.
Mr. Cardenas: Only have two last quick witnesses and I'll conclude our
presentation. One is a former officer of the Silver Bluff Association, Mr.
Peter Bartow, who lives there and is here to tell you his comments on it.
Mr. Peter Bartow: My name is Pete Bartow, I live at 1764 S.W. 24th Street,
and I've lived there for 23 years. For most of those years I've been a
member, and as a matter of fact, I'm a member today of the Silver Bluff
Homeowners Association. I had the opportunity kind of early on to help in
preparation and negotiation between the Silver Bluff Homeowners Association
and the developer. I became convinced that the developer's project was a
worthwhile project for the neighborhood, and I am here today to reinforce that
opinion with you. Thank you.
Mr. Cardenas: And lastly is another resident of the Silver Bluff area, Mr.
Pepe Freixas, who wanted to say a couple of words.
Mr. Pepe Freixas: Good evening, my name is Pepe Freixas, I moved into the
area like a year and a half ago. It is a beautiful neighborhood. I have
witnessed on 27th Avenue and 22nd Court, it's a bar there, it's been drinking
in that parking lot, and I think whatever would make there, would be a better
improvement to the neighborhood. Thanking them for the project.
Commissioner De Yurre: Mr. Cardenas.
Mr. Cardenas: Well, I kind of liked the bar.
Commissioner De Yurre: Al. I just want to ask Mr. Freixas if he is providing
the tile for the development.
Mr. Freixas: No.
Mr. Cardenas: I kind of like that place, but it's neither here nor there.
The only... Lastly, Mr. Mayor, members of the Commission, what we are
respectfully asking is that you approve the proposed site plan and covenant
with the modification of including in total the traffic study, the one page
193 December 16, 1993
phase one and phase two traffic study that it's being proposed by staff. The
client will fully fund it. That we await till the conclusion of that study to
deal with the street closure issue. We will agree to pay for traffic
improvements above and beyond what the cost in addition to the impact fee.
We'd like to have it cap at $25,000 as an additional amount because we already
are coming up with $75,000 for a bond to cover the maintenance of this
facility. And, respectfully request on that basis that what we have before
you is a considerable improvement to the neighborhood of what's been approved.
It's very reasonable. We've worked very hard to try to come up with
conditions and circumstances to meet more than halfway the neighborhood and
the staff, and respectfully urge your approval. Thank you very much.
Mayor Clark: Thank you, sir. All right, we move to the opposition.
Commissioner Plummer: Mr. Mayor, could I ask a question, please?
Mayor Clark: Yes, sir.
Commissioner Plummer: Of staff. Assuming that the street is closed on 22nd
Terrace, OK, just assuming that that would pass, I'm still concerned about
ingress and egress. If you close that 25th Avenue and 22nd Terrace, how would
that in any way affect the neighborhood by having the opening on 25th Avenue?
I'm just concerned about, you know, ingress and egress to that property off of
two streets which are 40 mile an hour streets, and I'm also concerned about
emergency vehicles getting in there. Now, how would that affect any
residential character if in fact that barricade went across and closed that
street?
Mr. Kay: I'm not sure exactly how I understand the question. But...
Commissioner Plummer: All right. The barricade... As I understand, the next
item whether we pass it tonight...
Mr. Kay: That's right.
Commissioner Plummer: ...or after a study, proposes to barricade across 22nd
Terrace...
Mr. Kay: That's right.
Commissioner Plummer: ...and 25th Avenue. Is that correct?
Mr. Kay: Right, that's right.
Commissioner Plummer: OK. Now, if you did that...
Mr. Rodriguez: Excuse me, let me correct the record.
Commissioner Plummer: OK.
Mr. Rodriguez: Proposed is to close 25th Avenue, not 22nd Terrace, the staff
is recommending against 22nd Terrace.
194 December 16, 1993
Commissioner Plummer: OK, OK, that's even better. That's even better.
Assuming that street was closed off there, OK? Which means that you cannot
traverse 25th Avenue into the residential area.
Mr. Rodriguez: Right.
Commissioner Plummer: How would that affect the residential character if you
left that opening on 25th Avenue into the proposal at the present thing there?
I don't see where it would affect the neighborhood.
Mr. Rodriguez: We support the opening on 25th Avenue.
Commissioner Plummer: But, the neighbors don't.
Mr. Rodriguez: Well, OK, but then you ask the neighbors I guess.
Commissioner Plummer: OK. But, I'm asking you would it affect in any way the
residential character of the neighborhood if that barricade went across and
you left that opening open?
Mr. Rodriguez: OK.
Mr. Kay: No, it would not.
Commissioner Plummer: I don't see where it would.
Mr. Kay: No.
Commissioner Plummer: OK, that answers my question, thank you.
Mayor Clark: All right, sir.
Commissioner Plummer: You want to wait, Mr. Mayor, until he's made the
opposition? Because I've got a lot of questions that I want to ask.
Mayor Clark: Let him make his statement.
Commissioner Plummer: All right, sir, I'll be happy to wait. Yes, sir. OK.
Fine.
Mayor Clark: Let him make his presentation, and all the people on that side
will make their presentation. He gets a few moments of rebuttal, and we end
the meeting just like that.
Commissioner Plummer: So be it, sir.
Mayor Clark: That's the way it goes.
Samuel Poole, Esquire: Mr. Mayor, Commissioners, my name is Sam Poole, I'm an
attorney with Holland and Knight. Offices at 701 Brickell. I'm appearing
tonight without compensation on behalf of the Silver Bluff Homeowners
Association. The association represents a neighborhood that is old and
stable, it is ethically diverse, it has homes that are owned by auto mechanics
and by bank presidents. The issue tonight is not about preventing
195 December 16, 1993
ram.
development. The neighbors are as tired as anyone else of having that hole in
the ground with the rugs hanging on the fence all the times. The issue isn't
even about the commercial nature of this property. It isn't even about the
square feet in this property. In fact, from the neighbors point of view
having this development, which I suppose is intended to have you say, "Oh, my
God!" And, it was a mistake, it is a mistake. But, having that, from the
neighbors point of view and that is in traffic, is better than the original
shopping center that is proposed over there. The people who come in of that
office building come in at 8:00, 9 o'clock in the morning, when the people of
the neighborhood are leaving to go their work. They leave at 5 or 6 o'clock
in the evening when the people are coming home, and they aren't there on
Saturday. The retail component of this facility is going to be of a nature
that serves that building, it's not going to be retail that's open through all
hours of the night. So, from an impact point of view that is not as bad as
this other one-third the size shopping center that we've been hearing about.
The issue simply is that what is being proposed today is a suburban shopping
center, and no one in the suburbs would be required to live in this proximity
to that shopping center. Listen to the terms that you have heard presented
tonight, anchor stores, letters of congratulations to Mr. Fraga about the
shopping centers that he has built in the suburbs in Homestead, and I don't
know where the one in Winston-Salem was. But, in fact, that's what they are,
they are shopping centers. Coral Way is not a shopping center. Coral Way is
not Kendall Drive. The nature of the retail that exists on Coral Way which is
appropriate for this location can be found up and down Coral Way between 22nd
and 27th Avenue. It's important for you to understand or at least hear, issue
we are talking about tonight, there are two fundamental principles of City
design. And, Mayor Clark, I hope you'll pay attention. If you look at Coral
Way...
Mayor Clark: Mr. Poole, Mr. Poole.
attention to you. I remember when you
then became a lawyer. So, don't tell
one way or the other.
Let me interrupt you, sir. I pay
were a planner for the County of Dade,
to I don't pay attention from the facts
Mr. Poole: I appreciate that, sir. But, this point that I'm making right now
is one that is particularly important. If you look at Coral Way, 22nd Terrace
in particular just south of Coral Way, from 22nd Avenue to 27th, what you will
find is a very prosperous coexistence of commercial, office and retail, and
residential that backs up immediately to it facing 22nd Terrace. It has been
that way for 20, or 30, or 40 years, I don't know exactly when it all
developed, but it exists now today in a very stable neighborhood, and
immediately on the other side of 22nd Terrace, the homes there are very
prosperous and retain their value. The key issue is that the land use changes
at the rear property line, not on the street as it's proposed right here.
When you look on the other side of 27th Avenue, and you've been joking about
the Publix, and the Eckerds, it's awful because we used to shop there. If you
look at how 22nd Terrace has been impacted over there with those building that
punch through to the streets, you now have those residents on 22nd facing
parking lots, you'll see that the values have declined enormously, there is a
tremendous difference on 27th Avenue. That is the issue; there is a
fundamental urban design principle that when it is honored you have very good
neighborhoods, and when you've breach it, you get the stuff that it's on the
other side of 27th Avenue. There is a second critical point that needs to be
made tonight. And, that is the nature, get to the bottom line of this
196 December 16, 1993
t
argument. Again, it's not about square feet, it's not about commerce. It's
about the nature of this development. In a letter that Mr. Fraga sent to the
Homeowners Association dated April 12th of this year he said, "As you can see
in the enclosed attachment, our site plan includes a handfull of neighborhood
retail shops compatible with the local area. Office Depot is not neighborhood
retail. The nature of the development that is being proposed here, and I
couldn't have said it better than their expert land appraiser, it's Kendall,
it's West Kendall. Having that kind of intrusion... And, I don't care how
many parking spaces you provide it, you are going to get the same mess on the
east side of 27th Avenue that you presently have on the west side. If you
want to see the impact of this development on the neighborhood, you just look
across the street, and you are going to see what it will turn out to be. And,
it isn't because there aren't enough parking spaces, there are lots of parking
spaces in the back but no one wants to use them. When you have a store that
has a regional draw, not a neighborhood draw, you are going to have not only
the parking problems, but the traffic problems that we are talking about. The
good analogy is like trying to stuff Dolly Parton in a tube top, and that's
what all of this is about tonight. You push it in, push it in, and you step
back and it pops out. And, you try and push it back in and it pops out again.
This doesn't fit.
Commissioner Plumper: In that last issue...
Mr. Poole: On Dolly Parton?
Commissioner Plummer: Yes.
Mr. Poole: Are you in a tube top...
Commissioner Plumper: You got my attention.
Mr. Poole: The problem is as you push and push you get reactions elsewhere.
This is a Kendall style shopping center, and it doesn't fit in an urban
neighborhood. If you try to force it in there, you are going to see impacts.
And, the impacts aren't going to be... You try and deal with it on 22nd
Terrace, it is going to spill over to 23rd, and 24th, and 25th. It isn't
something that you can contain by this plan that you see before you. Again,
it's the nature, it's the big box retail from the suburbs being brought into
an urban area and there isn't anything that you can do about the traffic. The
Silver Bluff neighbors, as I mentioned, work very patiently with Mr. Fraga on
this development. When the developer said he couldn't get access to this site
from 27th Avenue, Mr. Arsenio Milian who is an engineer went to the Department
of Transportation, and was able to get them access. There's been a spirit of
cooperation that recently has evaporated not clear why. But, we have not seen
this most recent presentation that we are looking tonight by at large for the
first time what they are proposing. The developers... sorry, the neighborhood
association even hired an urban planner, someone that understands urban
issues, who prepared an alternate - and alternate plan - for this development.
It showed more square feet in this site that they presently are showing you.
And, 15 residences... this was rejected by Mr. Fraga because he wants a few
tenants with long term and large leases. He doesn't want to deal with
neighborhood retail, neighborhood businesses that you find along Coral Way
from 22nd to 27th. And, I would submit, and I don't know of any court in the
land that would say that the personal preferences of wanting to deal with a
197 December 16, 1993
few retailers for long term leases arises to a property right, if you were to
limit the nature of this shopping center to neighborhood retail. Yes, sir.
Mayor Clark: I'm going to ask you, is that a sin?
Mr. Poole: Is...
Mayor Clark: Is that a sin?
Mr. Poole: When you take an Office Depot, something that is going to...
Mayor Clark: No, sir, I didn't say that. I asked you the statement that you
made, is that a sin that Mr. Fraga wants that, or would like to do that?
Mr. Poole: Well, here is the point.
Mayor Clark: OK. You have made your statement.
Mr. Poole: He has property rights, and so do the people on Silver Bluff.
And, when you have people living in proximity... this is not the frontier
anymore, this is an urban area, and when you have people living in proximity
to one another, you... your job as a City Commission is to balance what often
are conflicting property rights. And the issue here is does this developer
have the right to bring in a development that is going to have substantial
adverse impacts, and even arguably more adverse impacts on the neighborhood,
not withstanding your traffic study about the trip generation, and then this
"Oh, my God" four or five story building that they are showing you. Again,
listen to what they are telling you. They are speaking about anchor stores,
they are speaking about regional draws that are going to bring in traffic.
The letters that you've received, they are shopping centers. There are some
issues that are unresolved that the neighbors would like to address. And, I
would like to have Mr. Arsenio Milian go over some of those issues with you,
and we also want to address the petitions.
Mayor Clark: All right. Yes, sir, your name and address for the record.
Mr. Arsenio Milian: My name is Arsenio Milian, I reside at 2657 S.W. 23rd
Street. I'm a property owner within 375 feet of this property. For many
years we have been suffering the consequences of some decisions that were made
in here about changing the residential zoning into commercial property for
that particular site. And, during all of these years we have been trying to
find a way to balance the development and minimizing the impact that it is
causing to this neighborhood. And, that's exactly what we have been trying to
do. For many months and for many years since these dates back to 1985 when
the change was made, we have been trying to find solutions to what... some of
the major concerns that we have, which are traffic, noise, the parking; which
are terribly impacting the residential neighborhood and the character of our
area. As Mr. Cardenas indicated, we have been getting together with Mr.
Fraga, and in some occasions not recently, but in the past we have been trying
to find and address these issues, and trying to find solutions to them. One
of them was their indication that they couldn't have access on 27th Avenue.
And, they were saying that they needed access on 25th... on 22nd Terrace
because of that. So, I took it upon myself, on my awn time, and went to the
Department of Transportation and got them the access on 27th Avenue. So, they
198 December 16, 1993
were very grateful that that was accomplished. So, that is an indication that
this neighborhood has been trying to work with the developer into
accomplishing something that is not going to be impacting us as it has been
impacting us since that decision was taken by previous Commission in 1985.
You can see... and I'd like to introduce this for the record, this letter we
received from Mr. Fraga on April 12, 1993, and in that letter he said
specifically, "We have restricted operating hours from 7:00 a.m. to 11:00
p.m., and I'm further proposing to restrict access on 25th Avenue and 22nd
Terrace. Additionally, we have separated the shops from the residential
neighborhood by creating a 24 foot landscape area and a surrounding wall."
This was what Mr. Fraga gave us, and this is in... this is the only thing that
I have in writing. But, there were a lot of other promises, and now I've been
backed off. And, this is our concern. We are the ones who are living right
across from this, and we are the ones who have a stable neighborhood that is
going to be impacted and it's going to be suffering the consequences of this
major development. We don't want to stop his development even though there
are some neighbors who would like to see single family homes like there used
to be many years ago. But, now that we know that it's impossible to get that,
we have been trying to find a covenant that will protect us. One of this
covenants is... as you know we are facing residential... there are a lot of
houses, single family hones where people have put all of their investments,
all their life investments facing this tremendous shopping center, and now
they want to keep it open for 24 hours. This is going to have an impact in
our quality of life. And, this is what we are trying to protect; that's why
we are putting our money and trying to find land planners. Trying to defend
ourselves, and you are the ones that are supposed to be protecting us. So, we
are imploring you to consider a number of issues; if these covenants were to
be approved, I think it is essential that you take into consideration the
concerns that we have. And there... I mean, they are not that demanding.
Mr. Fraga had already proffered a covenant, previously in two different
occasions where he indicated the operating hours of this shopping center to be
closed at 11 o'clock so that the tranquility and peace of people that are
facing this do not have to be facing all that banging of doors, or alarms, or
et -cetera that take place in a shopping center or screaming, I mean, the
kid... many teenagers would probably would get into that shopping... into the
parking lot right behind us and create noise, and it will destroy the
tranquility that we have. So, he was agreeable, and there are covenants here
that have been proffer in the past to close that shopping center at 11:00 p.m.
We also agreed that he needed to have Eckerd to cone in and have their
prescriptions because they are working 24 hours a day. I said fine; we will
agree to that as long as the access to the pharmacy would be on Coral Way so
ulat. wLe parx11xj lvz can ne mainzainea closea. So, we are not even opposed
for him to have a 24 hour operation on the pharmacy as long as the people who
are not many during two or 3 o'clock in the morning are going to come in and
get their prescriptions and they can park right along Coral Way which is, by
the way, I think in my opinion is going to be a lot safer because you have
cars that are passing by rather than be facing a parking lot in the back where
you have buildings that are blocking the view of what's going on in the back.
So, in that sense, I think it would be beneficial, and it would be a lot
safer. We have requested, and I think it is essential, that the 25th Avenue,
if there is an access and it's going to be allowed, an access on 25th Avenue
into the shopping center, what is going to happen is that many of the people
who are trying to avoid Coral Way and 27th Avenue to go south, what they would
do was... would be to take 25th Avenue and go and penetrate all of our
199 December 16, 1993
neighborhood with traffic. So, what we are suggesting and we have suggested
this to Mr. Fraga a long time ago, and he was agreeable to it, was to put a
block on 25th Avenue so that the traffic from Coral Way or from people who are
trying to prevent to take 27th Avenue because there is heavy traffic would
prevent them from caning on 25th Avenue and destroy all of our neighborhood.
We already have enough traffic; we already have tremendous amount of people
that are passing by at 50 miles an hour. And, we can see only an increase on
this. So, I think if an access is going to be provided on 25th Avenue, I
think the only thing that is going to be protecting this neighborhood from
this intrusion is to have a closure on 25th Avenue north of 22nd Terrace. And
that is something that is crucial. I think the closure of the parking lot, I
think it is extremely important if we are going to have some peace in our
areas after 11:00 p.m. So, the recommendations that have been made by the
Planning Department, we certainly support, and the other thing that we... at
least I think it's important to us is the landscaping. In the past, we have
seen a lot of these, proposals, and the landscaping that they always... they
cane in and make it very pretty and then they abandon it, and then it's an
eyesore to all of us. With respect .to some... and I'd like to address same of
these signatures that have been presented here and I think I... I think it
is... since they have presented it, I need to address that issue.
Mr. Poole: Is that it?
Mr. Milian: We live in that area so we go to Eckerd quite frequently, and
when some of the neighbors went into Eckerd they were approached by a couple
to sign a petition for the approval of a shopping center because they wanted
to move the Eckerd, and yet Eckerd did not have other access and this would
be... they wanted to maintain Eckerd and therefor they should be in favor of
this development. In that, if you read it... Anyway, I do remember it. It
says, "I, the undersigned, after meeting with the developer of that certain
proposed project by Alena Coral Way Property, and having reviewed the attached
site plans for the building of neighborhood stores to be located at the
southeast corner of Southwest 27th Avenue and Coral Way..." And, then they
specifically describe it in legal terms, "...hereby state that I am in support
of the development." I personally was approached at... Josefina was
approached, as the president of the association and she can also testify to
that effect. When I asked the people who are presenting this, I says, "Are
you the developer?" No. "Do you work for the developer?" No. "Do you work
for Eckerd?" No. "Where are the plans?" Well, we don't have the plans but
we can show you this little site plan. So, in effect, what is saying in this
letter, it was misleading; they were just trying to impress on the people that
they were going to lose Eckerd if they didn't have an alternative.
Mayor Clark: Sir, let me say this. I don't know about my colleagues, because
I haven't served with them before, but those matters don't make any difference
to this Commission. You're making a presentation here now. Everybody should
be able to vote here. And now you're saying, "...(INAUDIBLE) we trust you."
You made a mistake. 'Those letters are not going to cast one vote up here at
all, not now.
Mr. Milian: OK. Well, I need to address it because they were presented. So
I was not even planning to do that, because there are a lot of other issues
that I think are more important than that. But I think it's important that
200 December 12, 1993
you pay attention to the recommendations made by the Planning Department,
because in that recommendation made by the Planning Department, all of our
concerns were in there, and I tell you, we have spent hours and hours not only
talking to the developer, but talking to the staff, and it's tremendously
important, because it's impacting our lives fran now on. So I would certainly
hope that you don't take this and make a hasty decision without looking at all
the different sides of this. So I beg you that you consider seriously those
recommendations made by the Planning Department.
Mayor Clark: Thank you, sir. Yes, ma'am.
Ms. Josefina Sanchez-Pando: Good evening, Mr. Mayor. Good evening,
Commissioners. I'm awfully sorry, I'm extremely hoarse, but I'm sure I can
get my points across. My name is Josefina Sanchez-Pando. I live at 2110
Southwest 24th Terrace. I have lived there for 27 years. I am also the
president of the Homeowners' Association of Silver Bluff. And if you may
permit me, please, I'm coming here as two persons: as the citizen and
taxpayer, representing myself; and as the president of the association,
representing the will of the people. I have heard a very detailed explanation
from the part of the developers, and I was extremely happy. Happy, because
what you heard from them, which is costing them a million something has cost
us a million tears. We have worked hours, and I would say - I'm not being
embarrassed of it - hundreds. We have sat with them, and all the covenants
that Mr. Cardenas read to you were the product of hours and hours of
discussion, studies, going back to the drawing board. Let me tell you, Mr.
Fraga, for whatever reason, whether it is - I don't care, whatever the reason
is - has been extremely patient with us, and we have reciprocated with him,
using the same patience. They have changed plans, they have changed colors,
they have pushed walls, they have torn down walls, we have planted trees, we
have opened and closed streets. And what you heard of their presentation is
exactly what we asked them in honor and in the name of the association that we
wanted done. Mr. Fraga is a developer who has bought a piece of land in the
City of Miami. When Mr. Fraga bought that piece of land, he bought the piece
of land and the covenants that go'with it. They're not divorced from the
land, they go with it. The covenants have been modified by both of us, and
they have came up, together with your Planning Department, with something that
was submitted today, to which the association is not yet 100 percent in
agreement. But let me tell you, it is 200 percent better than it was two
years ago when we started, because Mayor Clark and Commissioner Gort have
heard this today for the first time, but believe me, we spent hours debating
here. You can see Mr. Dawkins' face of being tired, and look at Mr. Plummer's
face. We've heard it a lot. May I address Mr. Plummer? When you were asking
about Eckerd's and you were saying that it was not safe for a woman to be in
certain parts of town, in certain places, at certain times, I agree with you,
heart and soul. I have been mugged, and I have had things stolen from me, and
I know the feeling, and it's horrible. That was why one of the times when we
were working with Mr. Fraga, and the issue of having Eckerd's open 24 hours of
the day, which, from the human point of view is wonderful. You don't know
whether you or any one of us is going to need a medicine in the middle of the
night that's going to save your life, and you've got it right there. But not
to interfere with that, plus not getting the neighborhood involved in his
plan, and he knows it, and he can present it to you better, because he's the
architect and I am not, there is a door, sir, crystal, which leads to a small
sitting area with a design, small windows behind a counter in which, if I need
201 December 12, 1993
something at 3:00 o'clock in the morning, I can proceed from Coral Way into
that area which is properly lighted, and you can see everything from the
outside because it's glass top to bottom and ear to ear, and knock at that
door, and from the other side of the counter, a pharmacist fram Eckerd's will
open it, and I can submit my prescription or call for something that I have
already called on the phone and get it from them with any - the person would
be parking on Coral Way, right in front of Eckerd's, right where there's a
light right there, plus all the lighting that they have very properly placed,
and all those changes and fixtures in plans, in everything, came as the union,
it's the sum of our working with them. We have never opposed having something
developed there. As Mr. Poole expressed, you are five gentlemen sitting right
there, and not many a time do you five think the same way about the same
issue. What do you think happens in a meeting of the homeowners, with 1268
homeowners? You've got pandemonium, and they can attest to that, because we
have invited Mr. Fraga to our meetings. We conduct meetings in the sunshine
State open. We hold nothing from them, because we have nothing to hold from
anybody. That's the explanation for that door, J.L., and for - I'm sorry -
Comnissioner Plumper. And for the... you see, the procedure here in which one
side takes one hour to say something, and then I have to remember and hold
back for one whole hour, when I want to explain something when you ask for
explanations, when you asked this lady and the other gentleman for
explanations, we have the explanations, but procedural -wise, we had to stay.
There are, in the association, there are still persons that would prefer to
have homes back to the project facing home to home on 22nd Terrace. We have
them. They have their right to say so, and they do. We have others who
prefer to have it zoned R-3, in which you can build townhouses with a nice
development, correct parking, with a need of housing, the association, many
people liked it. There are others who say, Nothing of the kind. We want
commercial, cammercial, and the parking lot goes back there." Since it was
very hard to get our thoughts together, after every meeting when we met with
Mr. Fraga and his group, and we went down and we brought to him what was the
result of the meetings, and we went back and forth and back and forth and
debated and came up with something, we got all of these modifications. There
is something that I heard today here that really perturbed me. They are
giving it a thought - and if I understood wrong, please correct me - they are
giving it a thought of again bringing the possibility of some restaurant or
food dispensing building there. Check the records.
Commissioner Plummer: It was said that these were, on this chart down here
that she brought out, not that "them," that she brought out, that one of the
areas in, no supermarkets and no restaurants. That was on this thing here,
the use of the property. No food establishments, including supermarkets or
restaurants.
Ms. Sanchez-Pando: That is in the original covenant, that there should be no
supermarkets, food stores, or anything that dispenses thing. When Mr. Poole
was saying that there are neighbors that would prefer the humungus 22-story
high building there, there are members who would vote it that way. They would
much rather have it, and they said that if this were a poker game, we would be
calling Mr. Fraga's bluff and say, "Well, heck, do it. You don't have the
money, it's not feasible commercially." It was pandemonium, sir.
Mayor Clark: OK. Let's move on. Go ahead.
202 December 12, 1993
Ms. Sanchez-Pando: I want you to know that at no time have we been stopping
Mr. Fraga. We have just wanted the respect of the neighborhood, and he has
given in many, many a thing. But I would, if you permit me, sir, it is not
pleasant, and I wish to express the way I felt. When there were some persons
on that other side expressing their thoughts, and there was clapping from the
audience, I would, if you would permit me, could I ask how many of the persons
who clapped live in the neighborhood, or were they persons who worked for the
Fraga Company?
Mayor Clark: Well, I can't answer that, but I'll tell you what. If you want
a round of applause, we'll give you a round of applause right now.
(APPLAUSE)
Ms. Sanchez-Pando: Thank you. I don't want a round of applause. I just want
you to understand that the neighbors are highly worried, that I wish that we
can continue talking to Mr. Fraga, sitting with him, planning with him, and
helping him build the prettiest, most successful, best shopping center he ever
built. Because the better it is, the better we are going to be here, and this
is our ham, and we don' t want it broken down. Andrew respected it. Let no
man throw that down. Thank you, sir.
Mayor Clark: Thank you, madam.
Mr. Randy Simpson: I'll be very brief. My name is Randy Simpson. I live at
2653 Southwest 23rd Street. The issues have been discussed about the closure
of 25th Avenue. The reason we are here tonight is because there are covenants
that run with the land that gave us the opportunity to make modifications to
the original plan proposed by the developer. 25th Avenue, if it is closed,
don't forget about the collateral impact of closing 25th Avenue with respect
to alley access. Commissioner Plummer asked about the character of the
neighborhood, how it would be affected if 25th Avenue were closed. The
alleyway just north of that closure would become a throughway for people who
want to circumvent the closure. The alleys have to be dealt with. The whole
point here is that this project is too massive to try and look at from just a
specific site point. It does affect the entire area surrounding it, and that
is what we've been pitching for all along, is to look at the total impact of
the project, not be so specific about it. So look at the alleyways and look
at all the accesses that the project will have impact on. And I'm finished.
Mayor Clark: Thank you, sir. Yes, sir.
Mr. Arthur Edelblum: Yes. My name is Arthur Edelblum. I live at 2530
Southwest 22nd Terrace, directly across the street from this development
that's going up. We have been here about five times and requested that the
zoning be changed back to R-1, across the street from my house. In 1984, the
Planning and Zoning Board was against this completely. We also have the
opinion of the City Attorney, who said that it can be done with the permission
of the City Commission voting on it. Now, Mr. Fraga might not want to post a
bond for the way those houses would look across the street, I should say the
trees and shrubbery. Up until two weeks ago, we had leaves 11 feet high. I
have rats coming into my house continuously. The only time he cleans that up
is when it canes before the City Commission, or a couple of weeks before. I'd
like you folks, you members of the Commission, to think about rezoning back to
203 December 12, 1993
R-1 on the north side of 22nd Terrace. There is no reason to have any
commercial district over there at all. We had homes there before, and we had
a business on Coral Way before. Everything went fine until there was a change
made. We live there. One of the members that said he was for Mr. Fraga will
be leaving at the end of this year, probably, when his son graduates, to move
to Las Vegas. He doesn't care. The other two never attended meetings. They
never knew what was going on until Mr. Fraga took them to a meeting here at
the City Commission. I know that the Commissioners would like to see the
property put on the tax rolls. It would be beneficial for the taxpayers. But
don't destroy our homes across the street. And this is what this project is
going to do. Traffic is so back on 22nd Terrace now that the rats have a haul
time crossing. I don't think this is funny at all, believe me. We have lived
there since 149, when it was a good neighborhood. As far as the young man
saying that he's in the real estate business, and if property values go up, he
sells 11 of them, you won't be selling 11 of the pieces of property once this
goes up. Nobody wants to buy anything across the street from a shopping
center, especially with that depot coming in. I think we've had enough. I
think the Commissioners should sit down and think about it, and try to help
us, because we have nobody else to ask. We expect to live there the rest of
our lives, and we'd like to live in peace. And there is no peace when that
shopping center goes in.
Mayor Clark: Thank you very much, Mr. Edelblum.
(APPLAUSE)
Mayor Clark: Do we have other persons who would like to speak?
Mr. Poole: Not on our behalf.
Mayor Clark: Yes, sir, right here.
Mr. Ramiro Palenzuela: Mr. Mayor, Mr. Commissioners, my name is Ramiro
Palenzuela, and I live at 2620 Southwest 22nd Terrace, right in front of the
empty lot, with my neighbors in here. I agree with all my friends in here
from Silver Bluff are saying. Protect our house. I'm ashamed that my
neighbors are doing this to us, that we are living for so many years in that
block. I've been living in there for 21 years, and they are doing this. I
understand one of my neighbors, yes, because it's friend of Mr. Fraga. But
the other one that doesn't know what he's doing, doesn't know the plans that
are in here, what's going on, because he never goes to the meetings, never do
nothing, then fill up those pamphlets or whatever you want to call it, that
didn't say nothing. Please, help us.
Mayor Clark: Thank you, sir.
Mr. Palenzuela: Thank you.
(APPLAUSE)
Mr. Poole: Mr. Mayor, I think I can summarize briefly, but I would like to
first say that I apologize. I did not mean to chastise you, but to call your
attention. And I know that we spent some difficult times together. And one
evening, I remember down in Homestead when there were a thousand people in the
204 December 12, 1993
audience, and I didn't think we'd get out alive. But the issue tonight, and
the reason that I wanted to call your attention to it is that when you look at
this on its face, it's very easy to say, "Yeah, the other one looks smaller.
It's probably better." And I think that is what is reflected in all these
dots down here, as far as the response of the people who signed those
petitions, and I think the reaction that you might have had initially. But I
hope that you've heard the depth of the concern and the reasons for the
concern, and why these issues like closing the parking lot at 11:00, and why
they don't want the restaurants there are so important. These clauses that
we're talking about, the differences are critical to these neighbors, to
making this - basically, to minimizing the damage, and that's what we're
talking about. I think that when you're trying to accommodate someone that
you have worked with, as the neighborhood association has with Mr. Fraga, and
you've gone through the very long history that has been explained to you, you
develop a measure of trust and expectation. And I think that some of the
anger that you're hearing tonight is because they feel that that trust has
been breached with the retreat, and now the request for changes in the
covenants that will make this shopping center very harmful to their
neighborhood. It is important to them, and I think they deserve that
consideration. Mr. Fraga is getting essentially what he wants, but these
people, as we have said, have their property rights, and we hope that they
will be equally balanced with the rights that are going to be afforded Mr.
Fraga with this development that is going to have an impact, there is no
doubt. It will have an adverse impact on this neighborhood. Thank you.
Mayor Clark: Thank you. Did you want to add something, sir? State your name
and address for the record.
Mr. Brian Koga: My name is Brian Koga. I live at 2301 Southwest 24th Ave. I
moved into the area because it was quiet, and I work in an area hospital close
by. There's already enough problems with traffic there. I don't want to see
any more development go in there, and any more traffic, or garbage in the
streets or anything. I'm opposed to it.
Mayor Clark: Thank you. Now, this side has been on properly represented
time -wise. Mr. Cardenas, you have a few moments of rebuttal.
Mr. Cardenas: That's all I need. Thank you, Mr. Mayor. Basically, with
respect to, first, Mr. Poole's comments, describing this shopping center as
occupied by regional anchors and a Kendall style shopping center. If I read
in the newspaper correctly today, I believe that the proposed neighborhood
retail area that we're proposing here is smaller than the home that Mr. Kramer
is planning for Star Island, to put that in proper perspective. I believe I
read in the Herald this morning that the hone that Mr. Kramer is planning is
50,000 square feet in size, and this project is 49,000 square feet. I think,
in comparison, that hardly qualifies as a regional center. Second, in terms
of the anchors, I don't believe either Eckerd's or Office Depot would like to
consider themselves regional retailers. As a matter of fact, Eckerd's has
over 23 stores in this County. They're proud to be a small, neighborhood
facility in neighborhood pockets in this community, and Office Depot has five
centers just within the City of Miami. Hardly qualifies in any stretch of a
marketing imagination as such. Lastly, the 50,000 square foot component
that's already permitted for the current project, I also disagree,
respectfully, Mr. Poole. I think anybody who is in the development business
205 December 12, 1993
knows that there's no way that 50,000 square feet of retail space can survive
by catering exclusively to its office building tenants. The area of coverage,
its radius is much wider. With respect to Mr. Milian, let me state that Mr.
Milian correctly depicted his personality. He's a professional, he's an
extremely caring person, but he's also very humble. I would say that if
President Clinton called me, which he would not, I would have no hesitancy in
recommending him to represent this country in Bosnia's negotiations. He did
an extremely accurate and thorough job in representing his people. I believe
that 75 percent of what was requested, as was stated by the president of the
association, was lived up to, in terms of the lighting, the facade of the
building, the noise, the setbacks, the landscaping, the parking, the no
supermarket, the larger rear setback, the no pedestrian of vehicular traffic
or access on 22nd Terrace, and a million dollars worth of additional cost on a
project that's only $7,000,000. I would say that's a tremendous
accomplishment that I have not seen any neighborhood association be able to
obtain. Yes, there are things that we disagree. As a matter of fact, of the
eight things that staff has proposed, in addition to those things that we
provided in the covenants, we've met with both our anchor tenants, and we've
been able to agree to acquiesce to four of those eight. But unfortunately,
anchor tenants also have responsibilities that are regional or national in
nature. For example, Eckerd's. Mr. Mora has told us time and time again that
he needs private parking and lighting facilities or else his insurance
underwriter will not accept the premise, and it's part of their master lease.
And if you don't want to let us have people park there to go to the pharmacy,
we won't have Eckerd's. And if we won't have Eckerd's, we won't have this
project. So there are only like four things left that we can't agree to, not
because Mr. Fraga doesn't want to meet the neighbors, but he won't have
Eckerd's, and he won't have Office Depot, and he won't have a project. Now,
let me go over again the things that staff asked, in addition to what's before
you and what we've acquiesced to. The traffic study, the phase one and two
traffic neighborhood study, we've agreed to do it, verbatim, based on what
they're saying, we've agreed to pay for it, and we agree to put up to $25,000
for any improvements that they feel may be adequate or necessary. They have
asked for a street closure decision to be deferred. We've acquiesced to that.
They don't want any food establishments, including restaurants, and we've
acquiesced to that. They only want - they don't want any ingress and egress
on 22nd Terrace. We've agreed as to vehicular traffic and pedestrians, but we
need a service bay that will be secluded from the rest of the place, because
that's the only place a service truck can service that building. And so I
think the only things that we have not agreed on are the things that the
anchor tenants will not let us agree to, and that is closing the parking lot,
because Eckerd's needed service, which are really two of the four conditions
that we haven't been able to agree to. We can't agree on the - on not having
the service bay on 22nd Terrace, because then the building wouldn't work. And
we - and that was it. I think that's all we've disagreed on, after we've
acquiesced to 90 percent of what's been requested, spent over a million
additional dollars. And Mr. Mayor, I think you rarely see a case where this
type of relationship occurs. Thank you.
Mayor Clark: The public hearing is now closed on this item.
Commissioner Plummer: What about the hours of operation, now?
Mr. Cardenas: The hours of - well, Eckerd's has to open 24 hours a day, that
pharmacy area.
206 December 12, 1993
Commissioner Plummer: Well, excuse me.
Mayer Clark: Please, please, he's only asking a question.
Commissioner Plumper: OK.
Mr. Cardenas: And that's what they do in this town, in this City, in most
stores, as you know.
Commissioner Plummer: OK. So there is a difference there. I'm trying to
come to where the differences are. OK?
Mr. Cardenas: Yes, sir.
Commissioner Plummer: So number two, there's still a difference. Number one,
added regarding enforcements action to be taken in the event the fund is not
replenished, I am assuming that's in reference to the bond, or the letter of
credit of maintaining...
Mr. Cardenas: We will work with the City Attorney. Whatever is reasonable,
we'll...
Commissioner Plummer: OK. So there is no disagreement there.
Mr. Cardenas: Right.
Commissioner Plummer: The parking lot shall be closed fiat 11:00 to 7:00.
Mr. Cardenas: Eckerd's will not agree to that.
Commissioner Plummer: OK. You will - so there's still a disagreement there.
And I don't agree with that. But that's - I'm trying to get to it. Number
four, the perimeter wall. Did I hear you say that you would agree to half
masonry, half...
Mr. Cardenas: Whatever they want is fine with us.
Commissioner Plummer: Now, is there landscaping in front of the wall, in
front of it?
Mr. Cardenas: Yes. Yes.
Commissioner Plummer: OK.
Mr. Cardenas: And not only that, we've agreed to submit landscaping plans
that will be acceptable to the City.
Commissioner Plummer: OK. So number four is no disagreement. OK?
Mr. Cardenas: All right.
Commissioner Plummer: Number five, all facades, including the new depressed
parking in building will be subject to approval of the Planning Director?
207 December 12, 1993
Mr. Cardenas: That's fine.
Commissioner Plummer:
No problem.
OK. Number six, the entrance on 25th
Avenue. I would
assume, and I'm
just expressing that at this particular
point, that really
is
up in the air,
regarding this traffic study, as to what
that would show.
Am
I in the ball
park there? Now, you might not want to
agree to that, but
if
the traffic study showed, that you're paying for...
Mr. Cardenas: Right.
Commissioner Plummer: ... that that barricade could be placed there...
Mr. Cardenas: Right.
Commissioner Plummer: ... I don't know that the neighbors would necessarily
be in opposition to a 25th Avenue opening.
Mr. Cardenas: All right.
Commissioner Plummer: OK? Is that legitimate?
Unidentified Speaker: That's legitimate.
i
Commissioner Plummer: OK. So in effect, item six is not in disagreement.
Mr. Cardenas: Right.
Commissioner Plummer: Am I correct?
Mr. Cardenas: That's correct.
Commissioner Plummer: OK. Item seven, item seven, the back of the sheet.
Neighborhood traffic study. You're going to pay for it.
Mr. Cardenas: Yes. And we will agree to spend whatever it says we need to
do, up to $25,000.
Commissioner Plummer: OK. So item seven is not in disagreement. Item eight,
street closures, you've agreed, everybody has agreed to wait until the study
is completed.
Mr. Cardenas: Right.
Commissioner Plummer: And if so, if the study recommends... Now, will this
Commission make that decision? I would assume a street closure, we would have
to make that decision.
Mr. Cardenas: Yes.
Commissioner Plummer: OK. And you have agreed that if, in fact, this
Commission so orders it, you will pay up to $25,000 to accomplish that.
Mr. Cardenas: Yes.
208 December 12, 1993
Commissioner Plummer: OK? Now, so as I see it, at this particular point,
there are really only two items left open. Am I... well, excuse me. Have you
agreed that there would be no supermarket or restaurant?
Mr. Cardenas: Yes.
Commissioner Plummer: OK.
Mr. Cardenas: Well, let me put...
Commissioner Plummer: The parking lot closure, we have a disagreement on
ingress and egress. What about how the... What would you propose the
opposition if - where is that study that shows the land plan? How would you
service that building on 27th Avenue if you don't have a service entrance
there? I think you got to do it. I don't - you know, the service entrance on
the other side...
Unidentified Speaker: I don't think that is an issue.
Commissioner Plummer: I'm sorry?
Unidentified Speaker: I don't think, that is not an issue.
Commissioner Plummer: Oh, OK. Well then put this other - put this back up.
Unidentified Speaker: That's OK.
Commissioner Plummer: OK.
Unidentified Speaker: As long as there is no access to the parking lot.
Commissioner Plummer: That is blocked off, OK? So that's not an issue.
Commissioner Gort: J.L., leave it down. I might have a suggestion for the
department.
Commissioner Plummer: OK. Ingress/egress is not an objection, and the
traffic study is not. So what I'm looking at, very simply, is the hours of
operation, and as it would relate to the hours of operation, the parking lot
open or closed.
Mr. Cardenas: Right.
Cammissioner Plummer: OK? Now, so am I - are we in the same ball park now;
that there's really two items that we're arguing about?
Mr. Cardenas: Yes, just as long as, you know, Mr. Rodriguez and staff
understands a couple of caveats we've talked about, like the $25,000 cap on
j the traffic study.
Mr. Rodriguez: That's a Commission decision, though.
Commissioner Plummer: Wait a minute. Al, Al, don't nickel and dime me, OK?
You might go higher than 25. Don't nickel and dime me.
209 December 12, 1993
Mr. Cardenas: Well, that's very hard.
Commissioner Plummer: Yeah, I'm sure it's very hard, but I'm sure that your
gentleman there, to get this project, if $30,000 would do it, Mr. Fraga is not
going to sit there and say no. OK?
Mr. Cardenas: Well, but he can't have an open-ended number.
Commissioner Plummer: We will put a number.
Mr. Cardenas: OK, great.
Commissioner Plummer: But don't nickel and dime me. OK? Now, let me give
you my opinion on just the two items in question. Josefina, Ms. Pando, since
we're going to be formal - ha, ha, ha, God, how many times she's beaten my
head soft - let me tell you where I disagree with you. And I disagree with
you because 95 percent of purse -snatches occur on the street. They don't
occur in parking lots. They want rapid exit from a parking lot, from a
street. I am concerned that parking which we... we mandate that people must
provide parking, not on -street. You've been here and argued the opposite
side.
Commissioner Gort: J.L.
Commissioner Plummer: Don't let the...
Commissioner Gort: Let me interrupt you for a minute.
Commissioner Plummer: Sure.
Commissioner Gort: Let me come up with an idea, and maybe everybody would be
in agreement with this.
Commissioner Plummer: OK. I'll try.
Commissioner Gort: You got a buffer zone right now that's going to be about
20 feet, my understanding, between the landscaping and the fence.
Commissioner Plummer: Correct.
Commissioner Gort: How about if at 11:00 o'clock - and the anchorage store
would have to speak on this - if we close half of the parking lot, which that
would mean that that creates a buffer zone of about 100 feet, something like
that. In other words...
Commissioner Plummer: I have no problem with that.
Commissioner Gort: You're still providing parking. You got plenty of
parking, if you divide it, and all you have to do is put two barricades.
That's all you need. At 11:00 o'clock, you put those barricades up, and that
takes care of it. You got plenty of parking. You got, from what I can see,
you got about 17 parking right on the street, and then in that half parking
lot, right there and right there, and then you got the parking lot. You got
your parking spaces right there.
210 December 16, 1993
Commissioner Plummer: I have no problem with that.
Ms. Sanchez-Pando: That's the part that faces 22nd Terrace.
Commissioner Gort: Everybody's got their parking then.
i
Ms. Sanchez-Pando: Everybody's happy.
Commissioner Gort: You got about a hundred and some buffer zone.
Commissioner Plummer: Mr. Mayor, I move item 3. Let's go home.
Mayor Clark: All right. Can I get a second.
Commissioner Gort: Is that an agreement?
Ms. Sanchez-Pando : In agreement.
Commissioner Plummer: That's fine.
Mr. Cardenas: Eckerd's said fine, and we've noted the way it would be done.
Mayor Clark: All right.
Commissioner Plummer: Well, the only thing that I'm going to tell you, Al,
is, if, in fact - and I think I like the idea of the barricades, OK? Now, I'm
not going to be bound by $25,000. If, in fact, to do it properly, it cost 30
or 35, your client's going to have to pay it. Now, he can agree to pay
whatever the City recommends, not what the neighbors want, OK? But if he
agrees to whatever the City recommends, I will vote for it. But I think it's
an obligation on his part, I really do. It might be 20,000.
Mr. Cardenas: OK. The amounts related to whatever street closure
improvements need to be made.
Commissioner Plummer: That's - I agree with you. Whatever this Commission so
designates.
Mr. Cardenas: Street closure improvements, right, right.
Mayor Clark: All right. Will you move it then?
Commissioner Plummer: I'll move, Mr. Mayor...
Mayor Clark: With those restrictions...
Commissioner Plummer: ... predicated on what I see here, I think there is one
great compromise that has been worked out. No one is going to be 100 percent
happy. I want to compliment the neighbors. I tell you, you guys have gone to
the nth degree, and you've gone the extra mile. I think Mr. Gort's idea here
is fantastic. Based on what I have seen here, the cooperation existing and
the compromises that have been made, I move item 3, Mr. Mayor.
211 December 16, 1993
"-'-N
Mayor Clark: Second?
Commissioner Gort: Second the motion, Mr. Mayor. I have to say both parties
have been very patient and it works out for the benefit of both, and this is
what the City's all about. We got to work together. We need the businesses,
and we need the residents.
Mayor Clark: All right. Call the roll.
Vice Mayor Dawkins: Wait a minute, Mr. Mayor.
I
Commissioner Plummer: Mr. Mayor.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Clark: Please, please, Mr. Plummer. Mr. Dawkins has the floor.
Vice Mayor Dawkins: The barricades must be built in a way where they can be
secured and locked. We do not need moveable barricades. If they do, then we
lose the effect. They must be stationary and be able to lock.
Commissioner Plummer: Traffic diverters. Mr. Cardenas, we need a time frame,
sir, on how soon before you will be back with your covenants to the City, and
how soon, sir, you will be taking out a permit. If not, you lose everything
you gained here tonight.
Mr. Cardenas: A permit within...
Commissioner Plummer: Set a time. I'm not asking...
Commissioner Gort: A year.
Commissioner Plummer: Six months?
Mr. Cardenas: Within a year.
Commissioner Plummer: Six months. It's a mean man that won't split the
difference. Nine months. Nine months.
Unidentified Speaker: Nine months.
Commissioner Plummer: Nine months. Nine months?
Mr. Odio: Nine months.
Commissioner Plummer: OK. How soon, sir, before you will be supplying the
covenants which you have proffered and agreed to?
Mr. Cardenas: We will submit what I believe we promised within ten days.
Now, Mrs. Abella may want to make some comments, but we will get, proffer her
what we honestly believe transpired here within ten days.
Mayor Clark: It's all on tape. We'll know what happened.
212 December 16, 1993
I
Mr. Cardenas: Yes.
Commissioner Gort: It's been taped.
Mayor Clark: Right.
Commissioner Gort: We can listen to it.
Commissioner Plummer: Your approval, of course, is subject to.
Mr. Cardenas: Yes.
Mayor Clark: All right. We have a motion and a second.
Ms. Matty Hirai (City Clerk): Yes, Mr. Mayor.
Mayor Clark: With those conditions, call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-804
A RESOU1TION, WITH ATrAM4ENTS, APPROVING AN ANIEDIDMENT TO THE
ZONING COVENANT RUNNING WITH THE LADED, DATED MARCH 26, 1985,
RECORDED IN OFFICIAL RECORDS BOOK 12461 AT PAGES 510-521 (THE
"ORIGINAL COVENANT"), FOR THE PROPERTY OWNED BY ALENA CORAL, WAY
PROPERTIES, INC., (THE "OWNER"), LOCATED AT APPROXIMATELY THE
SOUTHEAST CORNER OF SOUTHWEST 27 AVENUE TO 25 AVENUE AND FROM
SOUTHWEST 22 STREET TO SOUTHWEST 22 TERRACE, MEW, FLORIDA
(THE "PROPERTY") (MORE PARTICULARLY ATTACHED HERETO AS EXHIBIT
"A" AND MADE A PART HEREOF), TO ELIMINATE THE REQUIREMENT THAT
THE PROPERTY E DEVELOPED AS A MIXED OFFICE/C"ERCIAL
BUILDING, IN ACCORDANCE WITH THE SITE PLAN, LANDSCAPE PLANS,
AND TRAFFIC STUDY SUMITTED WITH THE ORIGINAL COVENANT, AND
SUBSTITUTING THEREFOR, THE FIRST AMENDNHM TO THE COVENANT, IN
SUBSTANTIALLY THE ATTACHED FORM HERETO, SUBJECT TO CERTAIN
ADDITIONAL REQUIREVOM AND CONDITIONS MORE PARTICULARLY SET
FORTH HEREIN, TOGETHER WITH THE SITE PLAN FOR A SHOPPING CENTER
DATED JANUARY 14, 1994, SUCH APPROVAL BEING SUBJECT TO THE
EXECUTION WITHIN TEN (10) DAYS OF THE EFFECTIVE DATE OF THIS
RESOLUTION AND RECORDATION AT OWNER'S EXPENSE OF THE FIRST
AMENEMENr TO THE COVENANT; FURTHER, SUBJECT TO THE CONDITION
THAT A BUILDING PERMIT FOR THE PROJECT SHALL BE OBTAINED WITHIN
NINE (9) MONTHS OF THE EFFECTIVE DATE OF THIS RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
213 December 16, 1993
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
64. DISCUSS AND CONTINUE (UNTIL COMPLETION OF A TRAFFIC STUDY) PROPOSED
RESOLUTION TO PROHIBIT ACCESS TO: (a) S.W. 22 TERRACE 100 FEET EAST OF
S.W. 27 AVENUE, AND (b) S.W. 25 AVENUE 100 FEET SOUTH OF CORAL WAY (S.W.
22 STREET), PER CODE SECTION 54.17. (Applicant: City of Miami Public
Works Dept.)
Commissioner Plummer: Mr. Mayor, I move to defer item 4 until such time as a
traffic study has been completed, which is being paid for by Mr. Santa Claus.
I so move, Mr. Mayor.
Commissioner Gort: Second.
Vice Mayor Dawkins: Second, second.
Mayor Clark: Yes, and now... go ahead, call the roll.
Mr. Cardenas: OK. Thank you.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-805
A MOTION TO CONTINUE AGEMA ITEM PZ-4 [PROPOSED
RESOLUTION TO PROHIBIT ACCESS TO (a) S.W. 22 TERRACE
100 FEET EAST OF S.W. 27 AVENUE, AND (b) S.W. 25
AVENUE 100 FEET SOUTH
OF CORAL WAY (S.W. 22 STREET) PURSUANT TO CODE SECT.
54.17] UNTIL SUCH TIME AS THE TRAFFIC STUDY IN
CONNECTION WITH SAID AREA IS COMPLEM.
214 December 16, 1993
Upon being seconded by Commissioner Gort, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Vice Mayor Dawkins: Mr. Mayor, I'd like permission to hear item 22 now.
Robert Fitzsimmons, Esq.: Mr. Dawkins, Mr. Dawkins.
Vice Mayor Dawkins: Yes.
Robert Fitzsimmons, Esq.: I'm here on item 5.
Vice Mayor Dawkins: I want to hear item 22, please.
Robert Fitzsimmons, Esq.: I'm here on item 5. We have an agreement to defer
it. Is there any way we could do it?
Vice Mayor Dawkins: Beg your pardon?
Robert Fitzsimmons, Esq.: We have an agreement just to defer it, because it's
settled.
Vice Mayor Dawkins: OK. You have to see the Mayor. You have to see the
Mayor.
Robert Fitzsimmons, Esq.: Mr. Mayor.
Mayor Clark: We're in recess for five minutes. Give us five minutes, please.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT 7:00
P.M. AND RECONVENED AT 7:07 P.M., WITH ALL MEMBERS OF
THE CITY COMMISSION FOUND TO BE PRESENT.
215 December 16, 1993
-------------------------------------------------------------------------------
65. DISCUSS AND CONTINUE CONSIDERATION OF PROPOSED RESOLUTION To APPEAL
ZONING BOARD'S DECISION WHICH ALLEGED THAT THE JULY 20, 1993 DECISION
ALLOWED THE PROPOSED CAR WASH (AT U.S. 1 AND S.W. 27 AVENUE) TO BE
CMITTED. (Applicant: Resolution Trust Corp. / Haven Savings.
Appellant: Robert V. Fitzsimmons.)
Commissioner Plummer: Mr. Mayor.
Mayor Clark: Yes, sir.
Commissioner Plummer: The people here want to defer item 5. In the interest
of global peace, I'll move it, sir, if everybody that's involved is here on
that.
Commissioner De Yurre: Wasn't that already deferred last time?
Robert Fitzsimmons, Esq.: Yes, sir. This deferral is being requested based
on a settlement, so we can draw up the documents, and once they're signed, we
can go forward.
Mayor Clark: Is there a second?
Commissioner De Yurre: I'll second, Mr. Mayor, but you know, every one of
these items, it takes up a space, because there's a certain amount of items
that we listen to. If there are two or three or four that get deferred time
and time again, you know, that takes away from the process.
Mayor Clark: We'll bring that to a closure, pretty quick. Let's defer this
item. It's the first request that I've received and Mr. Gort's received.
Call the roll, Madam Clerk.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 93-806
A MOTION TO CONTINUE AGENDA ITEM PZ-5 [APPEAL OF
ZONING BOARD'S DECISION WHICH UPHELD PLANNING BUILDING
AND ZONING DEPARTNIM DIRECTOR'S DECISION TO ALLOW CAR
WASH AT U.S.-1 AND S.W. 27 AVENUE DEPICTED ON ORIGINAL
SITE PLAN TO BE OMITTED] BASED ON A SETTLEMENT HAVING
BEEN REACHED BY AND BETWEEN THE AFFECTED PARTIES.
216 December 16, 1993
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins:
Mayor Stephen P. Clark
NOES: None.
Commissioner De Yurre: And for the record, you were here, Mr. Mayor, last
November, they deferred already, so.
Mayor Clark: I didn't realize that. I'm glad you brought it to my attention.
You're very alert. I want to tell you, I sit through these things for hours,
never move, trying to do the best I know haw.
(NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY TABLES CONSIDERATION OF
PLANNING AND ZONING AGENDA ITEMS TO CONSIDER AN ITEM FROM THE REGULAR AGMA.]
66. (Continued discussion) EXECUTE A FIRST AMENDMENT TO
ADDENDUM AGREEMENT WITH SANITATION EMPLOYEES' ASSOCIATION
(SEA) FOR PERIOD OCTOBER 1, 1991 - SEPTEMBER 30, 1994. (See
label 3B)
Mayor Clark: All right. On item number 4...
Vice Mayor Dawkins: Twenty-two, sir.
Mayor Clark: I'm sorry, Mr. Dawkins. Go back to the regular agenda, item 22.
Ms. Sue Weller: Yes, sir. Sue Weller, labor relations officer. In April of
1993, the City Commission approved an addendum to the collective bargaining
agreement with the sanitation employees to provide recycling services to the
City. Before you tonight is an addendum to that collective bargaining
agreement. Among other things, it provides... the current addendum provides
the leasing of 13 trucks to the Sanitation Employees Association, and a
definition of recyclable material revenue. In the amendment that is to the
addendum before you tonight, it will provide for the leasing of two additional
trucks to the Sanitation Employees Association, and a revision of the
definition of the recyclable material revenue. The leasing of the two trucks
will provide the Sanitation Employees Association with a total of 15 trucks,
and the revision of the definition of recyclable material revenue would allow
for negative values on the sale of recyclables to be included in the
calculation of the recyclable material revenue. Now...
217 December 16, 1993
Commissioner De Yurre: Which means?
Ms. Weller: Which means...
Commissioner Plummer: How do you - I don't know how you do a negative.
Ms. Weller: For an example, right now, in the materials that were recyclable
for October for the SEA (Sanitation Employees Association), they had to pay
$2,826 to the recycling company for them to take the newspaper and the
plastic. They received $3,137 from the recycling company for the aluminum and
the glass.
Commissioner Plummer: So that's a plus.
Ms. Weller: It is a profit of $311 for them.
Commissioner Plummer: OK.
Ms. Weller: Because you've got negative values and positive values.
Commissioner Plummer: OK.
Ms. Weller: Under the current definition, because the negative values cannot
be included for purposes of their paying half of the profit to the City for
the Education Trust Fund, they end up paying $1,568 to the City, when they've
only made a $311 profit.
Commissioner Plummer: Well, I think what we intended was that whatever profit
was made, 50/50.
Ms. Weller: That's correct.
Mr. Cesar Odio (City Manager): Try to just get to a net profit, so they don't
lose money.
Commissioner Plummer: OK. In other words, $311, they would have made $150,
and we would have made $150.
Mr. Odio: Right. And we - that's right.
Commissioner Plummer: And let me tell you, for my own edification, and for
the department. They're doing a lot better job than they did before. And the
people were not of the belief that you were doing the job, and I think that
now that people are convinced that you're out there and you're busting your
hump, that they are going to believe and they're going to be putting more of
the recyclable materials out with the belief that you're going to do it. Now,
my only question that remains is, I recall on the vehicles, the trucks - OK? -
when we lease them, those were fully their responsibility.
Ms. Weller: Yes, sir.
Commissioner Plummer: In other words, the maintenance, everything, including
the insurance was their responsibility.
218 December 16, 1993
Ms. Weller: Yes, sir. We...
Commissioner Plummer: And that, in turn, we were paying them a dollar and...
Mr. Robert Menditto: Sixty cents.
Commissioner Plummer: ... sixty cents per household for you to assume all the
obligations; all of the insurance on the trucks, the employees, and
everything. Correct?
Mr. Menditto: The maintenance, we pay the City back for the maintenance.
Commissioner Plummer: OK.
Mr. Menditto: The City maintains it.
Commissioner Plummer: But in other words, it was to be at no cost to the
City.
Mr. Menditto: Correct.
Commissioner Plummer: OK. We always look to our colleague, my blue brother.
Do you have any recommendations?
Vice Mayor Dawkins: No. I just - there are some people from the Sanitation
Department who came to my office and said they wanted to be heard, so I asked
that they come down here. That's why I asked that it be heard after 5:00
o'clock. So if those individuals would come forward, we will hear what they
have to say.
Mayor Clark: Are they in favor of it?
V.ce Mayor Dawkins: I don't know. I mean, they just asked me, they wanted to
lie heard. I don't know.
Commissioner Plummer: Is there anybody here who wishes to speak?
Vice Mayor Dawkins: Hearing none.
Cannissioner Plummer: For now, or ever hold their peace.
Vice Mayor Dawkins: Hearing none.
Commissioner Plummer: Hearing none...
Vice Mayor Dawkins: Move it.
Commissioner Plummer: . I move item 22 as proffered before us this evening,
and assuming it canes with the recommendation of the department.
Mr. Odio: Yes, sir.
Mr. Menditto: Mayor, Commissioners, these are the people here that do the
recycling.
219 December 16, 1993
Commissioner Plummer: Let me clarify something. This lease that we're going
into with you does not extend beyond the two-year period that we initially
went into.
Mr. Odio: No, sir, it does not.
Vice Mayor Dawkins: You know, Mr. Mayor, I resent what's coming up here. I
said that the individuals who asked me to have it heard after 5:00 o'clock. I
didn't know what they asked me for, and if they were here, come forward. Now,
they did not come forward. So there's no need for anything else. Move the
item.
Mayor Clark: Is there a second? Call the roll.
Commissioner Gort: Second.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-807
A RESOLUTION, WITH ATTACHN=(S), AUTHORIZING THE CITY
MANAGER TO EXEC(iI'E A FIRST AMENDMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, TO ADDENDUM AGREEMENT BETWEEN THE
j CITY OF MIAMI, FLORIDA AMID THE EMPLOYEE ORGANIZATION
RUWN AS THE SANITATION EMPLOYEES' ASSOCIATION (SEA)
FOR THE PERIOD OF OCTOBER 1, 1991 THROUGH SEPTEMIER
30, 1994.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Gort, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Mayor Clark: Thank you, Mr. Dawkins.
Vice Mayor Dawkins: Thank you, Commissioners.
Mayor Clark: Thank you, sir.
Commissioner Plummer: You all have a cool yule and a frantic first.
220 December 16, 1993
67. -(Continued-- discussion) APPROVE REQUEST BY THE ATLANrA OLYMPIC
COMMITTEE, WHICH REQUIRED A GUARANTEE OF $2.7 MILLION FROM METRO-DADE
COUNTY AMID THE CITY OF MIAMI TO BACK THE POSSIBILITY OF A SHORTFALL --
THE CITY AND METRO-DADE TO SHARE EQUALLY UP TO ffia r OF REQUIRED
GUARANTEE CONCERNING PRELIMINARY QUARTER FINAL SOCCER MATCHES IN
CONNECI'ION WITH THE 1996 OLYMPIC CAS, TO BE HELD AT THE ORANGE BOWL --
MONIES TO BE DEPOSITED IN A TRUST FUND HELD IN ESCROW -- AUTHORIZE
KOCUTrION OF NECESSARY AG MD ENTS WITH COUNTY, WITH PROVISOS. ( See label
54)
------------------------------------------------------------------------------
Mayor Clark: Mr. Manager, Mr. Manager.
Mr. Cesar Odio: Yes, sir.
Mayor Clark: This is a motion brought based upon the fact that Atlanta
Olympic Committee has selected the City of Miami Orange Bowl as the site for
several preliminary and quarter -final soccer matches in conjunction with the
1996 Olympic Games. The Committee is requiring a guarantee of $2.7 million
from Metropolitan Dade County and the City of Miami to back any shortfall that
may occur. The City of Miami agrees to participate equally with the County by
covering half of any such shortfall, limited to the amount of required
guarantee. The County is including the Tourist Development contributions
toward its commitment to required guarantee. Consistent with the County's
action, the City of Miami will include the Miami Sports and Exhibition
Authority's contribution as part of the City's commitment to the guarantee.
Except for $200,000 per year needed to the operations of OSOC (Olympic Soccer
Organizing Committee), all revenues raised will be deposited in a trust fund
held in escrow. Revenues include, but are not limited to donations,
sponsorships and ticket sales. Revenues will be deposited into the trust fund
until the amount of the required guarantee is in the trust fund. In addition,
the City Manager is authorized to execute any necessary agreements with the
County in a form acceptable to the City Attorney and acceptable by the City
Commission. That's the motion...
Commissioner Plummer: Mr. Mayor, Mr. Mayor, can I ask for one clarification,
please?
Mayor Clark: Yes, sir.
Commissioner Plummer: Mr. City Manager, I would be much more comfortable
spelling out somewhere in this that the City's guarantee does not exceed
$1,350,000.
Mr. Odio: I have no problem with that at all.
Commissioner Plummer: OK?
Mr. Odio: Because that's better...
Commissioner Plummer: I think that clarifies the City to the extent that we
will go.
221 December 16, 1993
Mayor Clark: Contributions.
Commissioner Plummer: Yes, sir. And I would hope that that would be
included...
Mr. Odio: No problem.
Commissioner Plummer: ... in this letter to the County, that that is the
maximum that we will go to.
Mr. Odio: Yes, sir.
Commissioner De Yurre: I would like to add also that this is all predicated
on the fact that we get a minimum of six to eight games.
Mr. Odio: We're getting eight games, I believe.
Commissioner De Yurre: OK. Well, I'd like to have that we will commit
provided we get a minimum of six games; if not, then we can't cover.
Commissioner Plummer: Oh, you got six, but you do not have a guarantee on
eight.
Mr. Odio: We have guaranteed six games and a maximum eight.
Commissioner Plummer: Guarantee six, but not eight.
Commissioner De Yurre: OK. So it's contingent on us being guaranteed six
games being played at the Orange Bowl.
Mr. Odio: Yeah. I've been told by the Orange Bowl Committee that the
expected sales of tickets would be $10,000,000, so as you see, we're safe.
Commissioner Plummer: Excuse me. This fully understands that these games
must be played in the Orange Bowl or we are not picking up...
Mr. Odio: Oh, no, no, this is it.
Commissioner Plummer: No, no, no.
Mr. Odio: This is it. This is the Orange Bowl.
Commissioner Plummer: OK. It doesn't say.
Mr. Odio: It is the Orange Bowl.
Cc missioner Plummer: OK.
Mayor Clark: OK. Moved by Mr. Plummer?
Commissioner Plummer: Yes, sir, fine.
Mayor Clark: Seconded by Mr. De Yurre.
222 December 16, 1993
Commissioner De Yurre: With my conditions, yes.
Mayor Clark: Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 93-808
A RESOLUTION AGREEING, IN PRINCIPLE, TO COMMIT UP TO
$1.35 MILLION AS GUARANTEE IN CONNECTION WITH THE
REQUIREMENT OF THE ATLANTA COMMITTEE FOR THE OLYMPIC
GAMES, INC., (ACOG) OF $2.7 MILLION TICKET GUARANTEE
(THE "GUARANTEE") AS A CONDITION OF THE AWARD OF THE
CITY OF MIAMI ORANGE BOWL AS THE SITE FOR SEVERAL
SOCCER MATCHES IN THE 1996 OLYMPICS; FURTHER PROVIDING
FOR AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE
COUNTY, TO BE APPROVED BY THE CITY COMMISSION, THE
AGREEMENT TO FORMALIZE THE TERMS AND CONDITIONS OF THE
GUARANTEE INCLUDING, BUT NOT LIMITED TO THE COUNT'S
PARTICIPATION EQUALLY IN THE GUARANTEE AND A
COMMIZMENT FROM THE ACOG OF A MINIMUM OF SIX GAMES AT
THE ORANGE BOWL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dek'Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Gives me another reason to run in 195. Very
definitely, I'm for it.
Mayor Clark: You didn't need that reason. What the heck are you talking
about? Forget that.
(NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF REGULAR
AGENDA ITEMS TO CONSIDER ITEMS FRAM THE PLANNING AND ZONING PORTION OF THE
AGENDA. ]
223 December 16, 1993
5:^a�
68. REJECT PLANNING, BUILDING & ZONING DEPARTMENT'S REZONING STUDY OF
VIZCATRAN GARDEN PROPERTY (168-200 S.W. 32 ROAD, 3200-3202 S.W. 1
AVENUE, AND 1100-1139 S.W. 22 TERRACE), AS WELL AS ITS RECC 4WMTION TO
DOWNZONE SAID AREA FROM R-4 MULTI -FAMILY HIGH DENSITY TO R-2 TWO-FAMILY
RESIDENTIAL. (Applicant: Planning, Building & Zoning Dept.)
Mayor Clark: All right. We're on item now, number...
Vice Mayor Dawkins: That's 6.
Commissioner Plummer: Number 6.
Mayor Clark: Item 6. This is an item, so I understand, to hold zoning back.
Mr. Joe McManus: Mr. Mayor, members of the Commission, Joe McManus, Deputy
Director, Planning, Building and Zoning Department. Let me review three
factors of this proposed zoning study from its history. Going back to 1975,
at the time of the Claughton Island Development order, there was a commitment
on the part of those developers to provide moderate income housing on
Claughton Island. Subsequently, that commitment was moved to the mainland,
and in 1986, the commitment was made at this particular site to assume 104
units. The site was then rezoned from R-2, two-family zoning to R-4, high
density zoning. The last item in this sequence from the history, and we have
provided four pages of history on this, is that the City Commission in 1991
granted a variance waiving 79 of 110 required off-street parking spaces for
100-unit residential structure on the site. That grant of variance of the
City Commission was appealed, and the Third District Court of Appeals found in
the - in June of 1992, held that the variance was erroneously granted, so that
the...
Mayor Clark: Was the decision appealed from this body to the Circuit Court
first?
Mr. McManus: It was appealed to the Circuit Court. You are correct, Mayor.
Mayor Clark: And the Court upheld it?
Mr. McManus: The Circuit Court affirmed the position of the City Commission.
Mayor Clark: And the Appellate Court overturned that?
Mr. McManus: And the Appellate Court overturned it. So in the - so that the
position then was that the 110 unit - pardon me - the 100-unit residential
structure could not be built as then proposed. In September of this year,
following a presentation by the homeowners' association, this Ccnmi.ssion
directed the Planning Department to conduct a zoning study for the Vizcatran
property, in order to explore what would be the most suitable zoning
classification for this area, Vizcatran. On November 10th, we presented, the
Planning Department presented to the Planning Advisory Board three items:
224 December 16, 1993
this particular study, the proposal to change the zoning on the property from
R-4 and revert it back to R-2, and to change the comprehensive plan
accordingly. What we have brought before you here tonight is one of those
items. That is the Vizcatran zoning study. Very basically, what this
rezoning study recommends is that the property be rezoned from the present R-4
zoning, the high density zoning, to R-2, two-family zoning district. And we
site the fact that there have been changing conditions throughout this seven-
year period since it was first rezoned. Going back to 1986, that was the time
when Metrorail was just starting to open, we had a very rosy forecast, 200,000
people a day would ride Metrorail. And what we have today is that the
patronage on Metrorail varies form 40 to 50,000 persons daily, and that the
patronage at the Vizcaya Metrorail Station is dramatically less than that
which was projected, so that the Vizcaya Station area plan which projected
corridors of development has not come into fruition. The only action ever
taken was the rezoning of this property. We suggest that because of these
changing conditions; that is, that the forecasts for Metrorail never have been
fulfilled, are enough to give justification for this zoning study, which
recommends the rezoning back to an R-2 zoning, and a corresponding change to
the comprehensive plan. Thank you.
Mayor Clark: Did the Planning and Zoning Department or the agency then in
charge recommend the zoning change back in 185 and 186?
Mr. McManus: We did.
Mayor Clark: And now you changed your mind?
Mr. McManus: Yes, sir.
Commissioner Plummer: Well, Mr. Mayor, there was a lot of other things
involved in this. There were street closures that had to be taken into
consideration. There were other - there was low-income housing that was
supposed to be involved. The people that were working in the neighborhood or
lived in this would be the people who would go from this building on Metro
Rapid Transit right downtown, so there was not a simple, just a zoning change.
It was very complicated. We'd gone through about four different scenarios.
The Catholic Church had the place at one time, and they were going to make an
old folks home out of it. There were other proposals that were made for this
place. So this has been a long running piece of property. To tell you how
long, well, the first votes taken was by Rosario Kennedy, so that tells you
how far back it goes.
Mayor Clark: All right. Who will go first here, Sergio?
Mr. Sergio Rodriguez (Assistant City Manager): This case is a zoning study,
so you can take it from the public. I believe Mr. Fletcher, maybe, can make a
presentation, and I don't know if anybody else is going to present - Mr.
Portuondo is going to maybe represent the owner. Mr. Fletcher will represent
the neighborhood in that area.
Commissioner Plummer: Well, who's the applicant?
Mr. Rodriguez: There is no applicant. You asked us to do a study, and we are
back before you with the study. And then in January, you will have the
225 December 16, 1993
recommendation for rezoning, if you so desire, and the amendment to the
comprehensive plan.
Commissioner Plummer: Go.
Mr. John Fletcher: OK. My name is John Fletcher. I represent the Miami
Roads Association and the Vizcaya Roads Association.
Commissioner Plummer: Excuse me. Mr. Mayor, have we sworn people in?
Because we're supposed to be doing that. Anyone...
Mayor Clark: I didn't swear anybody because...
Commissioner Plummer: Anybody that's going to speak.
Mayor Clark: So I don't know why we should swear them in now. I think it
would be a... If you'd like to be sworn in, stand up.
Commissioner Plummer: You can't testify if you don't stand up and be sworn
in, including the lawyers.
Mr. Fletcher: Yeah. Again, my statement that I have a problem with doing
this as an attorney, because we're not supposed to be witnesses in our own
cases.
Commissioner Plummer: Attorneys more so should be sworn in.
Mr. Fletcher: I agree with you, I agree with you, but just tell the Bar that,
will you?
Mayor Clark: OK. Madam Clerk, would you swear them in.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON ZONING ISSUES.
Commissioner Plummer: And now, if you lie, you go to jail for 90 years.
Mr. Fletcher: My name is John Fletcher, and as I started to say, I represent
the Miami Roads Associatic:l and the Vizcaya Roads Association, two
organizations that you all know very well, and two organizations that have
been trying for a long time to solve a problem that arose in their midst back
in the 180s. And I think the best way to see that problem, if you can see the
map up on the wall, and I have a copy here, is to see that there is one little
spot of R-4, almost unlimited residential zoning right smack in the middle of
a single-family and duplex residential area. And it's just something that you
would not voluntarily do if you hadn't, a number of years ago - and when I say
"you," I mean the City of Miami or whoever was in charge back then - if you
hadn't have been led into an expectation that this area was going to be
something different in the future than it really is, and which we really want
to keep. That expectation did not corm of fruition, and as a consequence,
it's time to take the steps recommended by the department to put this property
back in the R-2 category. That's what my clients request of you, that's what
I would request of you. The applicant - I guess in a kind of a way, my
clients are the applicants. We got on the agenda of the City Commission
226 December 16, 1993
Meeting, and the City in September said, "Go ahead and do the study-" They
told your department to do it. The department did it. The study came out to
show that it should be R-2. We went to the Planning Board, and the Planning
Board unanimously said, "Yes, it should be R-2," and that's what we would like
you to do today. And I'd like to ask if there are other people that would
like to come forward and speak.
Mayor Clark: I'd like to add something to what was just stated by Mr.
Fletcher, something that's been stated and something - to add to something
that's been stated, you're welcome to speak. Oh, surely, yes, ma'am. Give us
your name and address.
Commissioner Plummer: Former City employee.
Ms. Ida Maria Cevasco: Mayor Clark and Commissioners, my name is Ida Maria
Cevasco. I live at 3725 Southwest 1st Avenue, in the City of Miami, the Magic
City. First of all, congratulations, Mayor Clark. I'm glad that you are our
Mayor.
Mayor Clark: Thank you, ma'am.
Commissioner Plummer: Wait a minute. What about Mr. Gort?
Ms. Cevasco: Pardon?
Commissioner Plummer: What about Mr. Gort?
Mayor Clark: You wamt to run this, J.L.?
Commissioner Plummer: Get out of here.
Ms. Cevasco: Now, to get to the nitty-gritty, I am the last house on 1st
Avenue. I purchased - I purchased this home in 1952. I'm living there over
40 years. At one time I wanted - it was "R" - it was at that time zoned R-1.
Of course, that's way beyond your time. You see, my problem is that the
traffic, there is no outlet at 32nd Road. Every car that comes off the
highway, Mayor Clark, comes - makes a hairpin curve in front of my home. I
have cars there all night long, fixing blown out tires. Cans, I pick up every
morning, bottles. Everything is thrown on my property. And now, they're even
coating on my driveway. May I read this little paragraph? This, on November
the 1st, on a Monday, I went out for two hours. 3:50 p.m. "To Whom it May
Concern: I ran out of gas on U.S. 1 and was pushed to in front of your home.
The police told me to move out of the street, and my only option was your
driveway. I have gone to get gas. Please do not tow the car. I will return
shortly. Thanks." This was a man from South Miami. I've been trying to get
him on the phone, because I've been trying to find out who the policeman was
who made such a statement. However, I have been calling NET (Neighborhood
Enhancement Team), and you can just close up Coral Way NET, because everything
that I call there to do, they never pay any attention. In April, I called
them to please mark the yellow line there so people can...
Mayor Clark: We'll make sure that that's corrected.
Ms. Cevasco: Mayor Clark, they're supposed to mark the yellow line where cars
can park.
227 December 16, 1993
Mayor Clark: Yes.
Ms. Cevasco: I have called over four times to Dade County, because they are
the ones that have to...
Mayor Clark: They're the ones that stripe the streets, yes. They'll do it.
Ms. Cevasco: Well, but nothing is ever done. And I have called on other
things which are not pertaining to tonight, which I won't go into.
Mayor Clark: All right.
Ms. Cevasco: But, you see - but another thing: Each time I go out, cars stop
there for instructions. Luckily, I speak five languages. I speak Spanish,
Portuguese, Italian, my native English and the Genoese dialect.
Mayor Clark: All right.
Ms. Cevasco: So every time I go out, I have to give instructions, and I'm not
being paid by the City, Mr. Mayor. I do it...
Mayor Clark: When you make these calls, do you have to have them reply in a
certain language?
Ms. Cevasco: Well, I always speak to them in their lang - and to tell you the
truth, you know what I heard on the radio just before I left here? Two more
Brazilians were assaulted and robbed of $2,000. I heard that on the radio.
All right? Please. So therefore, I don't belong in the roads, so to speak.
However, I'm the one gets all that traffic coming around there.
Mayor Clark: OK. I think you've made your position very clear, and I thank
YOU.
Ms. Cevasco: Thank you. Thank you for listening to me.
Mayor Clark: Well let another person now...
Ms. Cevasco: I hope I never have to cone back. I'd like to have sane peace
in my home.
Mayor Clark: Thank you.
(APPLAUSE)
Mayor Clark: Yes, ma'am.
Ms. Barbara Samet: Mr. Mayor, members of the Commission, my name is Barbara
Samet with the Vizcaya Roads Homeowners' Association. Would my people stand
up that are here?
Mayor Clark: That's good for your exercise.
Ms. Samet: We've been fighting this battle a long time, and one of our
contentions is, is that the infrastructure will not sustain a building of this
228 December 16, 1993
size on streets that were laid out in 1925, sewer lines that have been in for
30 years and 40, pumping sewage down 1st Avenue to Key Biscayne. I heard last
week, which emphasizes what I've been saying that the sewer line at the
apartment house on 17th and U.S. 1, collapsed from corrosion and stress. And
I had a sink hole in the parking lot. And, I am not going to say a lot of
things to you I know you all know our story, but I would ask that you please
vote with us, and help us return this property to R-2. We have many young
people in the neighborhood; a young doctor just bought a home a block and a
half away from there and it would destroy our neighborhood. Twenty -Second
Terrace is hardly passable now. And, two lots in the street end are just too
small to put a high-rise building.
Mayor Clark: Thank you, ma'am.
Mr. Mike Karaty: Mr. Mayor, members of the Commission, my name is Mike
Karaty. I am president of the Miami Roads Association, and I reside at 500
S.W. 21st Road. This Vizcatran Project has been a long ongoing battle for us.
We'd like to once and for all put this to bed, and in the essence of time, our
members are here from the board of directors of the association, members of
the association, we ask you respect our wishes and return this property to the
R-2 zoning. Thank you.
Ms. Weinreb: I'm next. Congratulations, welcome back. I voted for all of
you many times. You know who you are.
Mayor Clark: May we know who you are?
Ms. Ann Weinreb: I am Ann Weinreb... You certainly may. OK. I am Ann
Weinreb, I live at 3691 S.W. lst Avenue, just five doors fr m my friend Ida
Marie. It doesn't show on the map but we are there. And, I have lived there
since 1961; I am a free holder taxpayer and voter, and I would like to say
that you deserve combat pay. I don't know why you run for this, but I am glad
you are here. Thank you for your forbearance, and I am going to tell you that
it was wrong for some deal to be made back in 1975 for Claughton Island. And
we are bearing the brunt of it, and I've lived there all those years and we
know each other, Mayor Clark, because you gave me a golden spike for being on
the Advisory Committee for the Vizcaya Metrorail.
Mayor Clark: (INAUDIBLE.)
Ms. Weinreb: Yeah. I'm the one who said put up live oaks and anything we
don't have to worry about, and they did. And it's a beautiful neighborhood.
And, Mertrorail has improved our facilities. But there should not be, as
somebody said ahead of me, on a two -plat more or less place anything like this
project. Thank you for your patience, time and kindness.
Mayor Clark: Thank you, ma'am.
Mr. Mario Carbonell: Mr. Mayor, Commissioners, my name is Mario Carbonell,
I'll just be brief. I just moved in in August; I have a three month old
child, and I want him to be able to get that exercise you were talking about,
sir, in that same road. All right. There is too many cars there now, and if
you put a ten story building there with many units my poor boy is not going to
be able to have exercise in the streets because it will be unsafe. So, please
help us on this.
229 December 16, 1993
Mayor Clark: Thank you, sir.
Mr. Luis Herrera: My name is Luis Herrera, I'm president of Vizcaya Home
Owners Association. I live in 1181 S.W. 22nd Terrace. The reason I come to
this meeting here is because I want to save my neighborhood. OK.
Commissioner Plummer: Now, give me your address again.
Mr. Herrera: 1181 S.W. 22nd Terrace.
Commissioner Plummer: Oh, 22nd Terrace, OK.
Mr. Herrera: Yes, sir. Right on the corner where they want to build that
building. Three house... four. I am asking you people to zone it back to R-2
because this project when it come in 1996 the Claughton Island, we never
asked this people to buy that property and build it in there. We got a nice
neighborhood, quiet, and we want to keep it that way. A residential, R-2,
like it was before so that way they don't lose money.
Mayor Clark: OK.
Mr. Herrera: Thank you very much.
Mayor Clark: I'd like to be enlightened, J.L. Where does Claughton Island
fit into this?
Commissioner Plummer: Mr. Mayor... No, it's a legitimate question, he wasn't
here. Mr. Mayor, when Claughton Island was proposing for 7,000 units it was
an agreement with my blue brother down there, who could speak to it better
because it was his proposal, that the developers of Claughton Island would
have to provide affordable housing, and they were to provide "X" number of
affordable housing. One was to be in Liberty City, and one was to be at this
location as an alternative to putting as mach as they wanted on Fisher Island
(sic) even though that it was reduced.
Mayor Clark: Claughton Island?
Vice Mayor Dawkins: That's the best... That's a bit erroneous, Mayor Clark.
Commissioner Plummer: OK. Well, you straighten it out, you were the one that
put it together that's the way I understood it.
Vice Mayor Dawkins: In order to build on Claughton Island, the builders
promised Father Gibson that if they got the variances to build on Claughton
Island that they would build 100 units of low rent housing on Claughton
Island. That was in 171. When I got here in 181, they had not built the 100
units, Mayor Clark, on Claughton Island. They didn't want no pig -feet and
other stuff cooked over there on Claughton Island. I said to them they had to
live up to the covenant, Mr. Mayor. But, three members of this Commission
allowed the developers to buy out of the covenant for three million dollars.
And, that money was taken to put low income housing in Liberty City, on this
piece of property, and some place else.
230 December 16, 1993
Commissioner Gort: Little Havana.
Vice Mayor Dawkins: These residents said, "No low income housing." Then they
said, "OK, fine. We will accept senior citizen housing." Then they came back
and said, "We don't want the senior citizen housing." And, that's how the
Claughton Island money was used to purchase the property to put the low-income
housing on it. And, that's how it got started. Is that right, Mr. Plummer?
Commissioner Plummer: It's in the ball park. It was a swap, Mr. Mayor. It
really what it was.
Mayor Clark: Let me say this.
Vice Mayor Dawkins: It was a swindle.
Commissioner Plummer: A swindle?
Mayor Clark: In all fairness, I've sat on this board before, and I sat
twenty some years working with, sometimes against, John Fletcher, a very fine
attorney, and I have never voted to roll back zoning for this simple reason.
If you want to line up in the biggest court suit that you ever had in your
life, loss to the commmity, and the court turns that around, you... that's
one of the cases you'll have. But, I have never voted, not for zoning... and
John will tell you it's been before the Metro Commission a thousand times, and
I have supported him nine times out of ten, and I'm very proud of it. He will
tell you if... I don't think he ever had a roll back zoning job. But, I never
voted for a low -back zoning. If it was recommended because... I just didn't
believe in that. I didn't have anything basically to do with this zoning to
start with, I'm not trying to predicate what will happen here tonight, but you
better be ready because you think you are in for a court fight, and that's
what I understand they go to courts. So, let's see what happens. All right.
Now, are you the attorney for...
Mr. Joseph Portuondo: Good evening, Mayor Clark. My name is Joseph
Portuondo, and I represent the owner of this property which is Vizcatran
Limited, a Florida Limited Partnership of... I have offices at 150 West
Flagler Street, Suite 2701. Let me just preface a couple of things,
Commissioner Plummer, this property has had a long history. I was the lawyer
for the Catholic Church trying to do that project. Originally there were
going to be 150 units in that site; it got rolled back at one point to 100, we
are now down to 62. So, you know, we've had a long history on this. This is
probably the biggest and the oldest file that I have in my office. Let me
bring out a couple of facts that I think the Commission ought to consider
tonight in viewing the request of the homeowners. And that is that really to
try to roll back the zoning now, I think, not only would be legally
unsupportable, it just would simply be unfair. My client has been struggling
with that land and struggling with government, struggling with neighbors for a
very long time. In fact he obtained that zoning in 1986, in March, with the
approval of everybody. And, I don't think the fact that not enough people...
I'm sorry, Commissioner Plummer. I don't think that the changed circumstances
which are brought out tonight, and that is that people aren't riding the
Metrorail enough, is a reason to now roll back the zoning. I would say
rolling back the zoning prevents people from riding the Metro. It's supposed
to be a high density area. Now, with respect to my client's position, he's
231 December 16, 1993
been entirely fair. I have sat with these homeowners, I have sat with this
Commission, he has been to the County, I mean to the City. We have done
everything possible. So far to this day, I'm going to give you a ballpark
figure I can get more specific if you want. My client has spent or incurred
expenses in the neighborhood of over one million dollars over the last eight
years trying to bring this project to fruition. He has had his... Presently
right now for the pending project of the 62 units, he has had a site plan
approved on August 3rd; he has been given demolition permits; he has been
given electrical permits; he has been given plumbing permits. He has actually
demolished a house that was on there in reliance upon the existing zoning, and
in reliance upon the fact that there will be no roll back. Just the water and
sewer permit that was given to them in order to reroute the water and sewer to
accommodate this 62 unit building, he's already spent $60,000 in material on
that alone. So, there's a principal of law called equitable estopple which
really says that once the government takes you down a certain path, they can't
pull the rug up from under you. In simple terms is you got to treat people
fairly. They have a right to rely upon the actions of their government. They
are respectably aware that people sitting in these chairs change... are
recognized. But, most of the people sitting here today did not give that
zoning. But, that's irrelevant. The City of Miami gave that zoning; we've
relied upon it. Respectfully, we insist that you not do anything to affect
that zoning. My client has had enough suffering there, has tried to
accommodate everyone. Quite frankly, the project has been approved, has been
approved by the planning people. I mean, if it's that site there is nothing
really today that would change the circumstances other than the neighbors for
good reason are saying, "Please, just don't do it." And, I respectfully
submit that that is not reason enough. Thank you.
Mayor Clark: Do we have enough information to come to a decision? Yes, sir.
Mr. Marvin Rasin: My name is Marvin Rasin, I'm at 195 S.W. 15th Road. My
sister, who died, has a house right next to this property and I'm the
representative. When you all remember when Metrorail was voted on...
Mayor Clark: Yes.
Mr. Rasin: ...one of the big arguments for it was it would help bring up the
tax assessment in near the stations because it would bring in apartments and
other things for the density in that area near the stations. On this
property, on the east side, there is already... I believe it's a four or five
story building that they have now apartments plus a lot of other smaller
apartments, this happens to be on the other side, but it's closer to the
station actually than the other four or five story apartment. So, I feel that
if you go to make a change at all, you could work it down to low rise
apartments instead of high rise if that's too much density. It's office
zoning right up to 32nd Road on 22nd Street, and then you have this duplex
zoning right next to it which is sort of a big jump from office right into
residence, right next to it. 32nd Road, as you all know, is a nice wide
street and it is getting a good bit of traffic because of the station. So,
it's not like putting a lot of traffic on some small street, it's already been
getting that. So, when you go to vote keep that in mind if you make a low
rise apartments it wouldn't be so detrimental to the area. Thank you.
Mayor Clark: Thank you, Mr. Rasin. Yes, John.
232 December 16, 1993
Mr. Fletcher: Yes, I guess, as I said before, I am sort of the applicant, so
if I can get my two minutes in rebuttal.
Mayor Clark: Whatever you say.
Mr. Fletcher: OK. Fine, thanks. I'm concerned about what Mr. Portuondo
said. They don't have a building permit to build their project. Equitable
estopple comes in when you obtain a building permit and you begin work on the
property. I'm not talking about demolition permits on buildings that are in
terrible shape or whatever. The site plan that was approved was just that.
But, while this was going on we were in the zoning in progress mode, which as
your City Attorney will tell you, the zoning in progress mode means that you
can withhold building permits and down zone the property if you have started
your zoning in progress prior to the issuance of the building permit, which
you have. The argument of equitable estopple here is something that our
opponents may wish to raise in court, they will not be successful. But, it
has nothing to do with what the appropriate zoning is on the property. The
appropriate zoning on the property is as your staff recommended, R-2, and we'd
like you to put that on the property.
Mayor Clark: Thank you. Now, we are closing the public hearing now, and I ask
my colleagues for their position on this.
Commissioner Plummer: Mr. Mayor, I'd like to hear... I've heard from paid
hired guns over there, I'd like to hear from my City Attorney as to our
position of what we can or can not do here as a Commission.
Mr. Joel Maxwell (Assistant City Attorney): Mr. Fletcher was right. For the
record, Joel Maxwell, Chief Assistant City Attorney, Mr. Mayor. Mr. Fletcher
is right. There are several doctrines at work right here. One is the zoning
in progress doctrine, pending zoning doctrine that Mr. Fletcher talked about.
And, that's the discretionary doctrine and the City at this time has decided
to utilize that doctrine in withholding permits to develop that site. And,
the reason that it has used that doctrine is because if we grant the permits
at this time anticipating down zoning the property and they commence
construction we would be stopped at that point from stopping then from
continuing because they would be in non be conforming use. So it will be
useless for the City to pursue that particular remedy. As far as the
equitable estopple goes, they would have to rely in good faith on their
actions in having... Excuse me for a second. They would have to have acted
in good faith. Now, in this particular case, the moneys that they have
expended is not on the record, we don't know what they have done. If they
have spent a million dollars, we don't know when they spent the million
dollars, that's something they would have to prove. They have indicated that
they have demolished a building. We have been out there and inspectors have
been out there, there is no evidence of any building having been demolished in
the last two months or so. The permits were revoked just about a month ago.
So, that would not be acting in good faith. They had notice as of September
the 27th that the City intended to down zone the property. The Herrera
decision occurred approximately a year and a half ago. So, they had a year
and a half to act and they did not act. They didn't do anything until they
became aware that the City intended to down zone the property. So, again you
have the good faith argument of whether or not they have actually pursued
233 December 16, 1993
developing in good faith which would lead to the damages that they allege they
might occur and they could hold the City to. Everything they've done has been
an attempt to rush to City Hall to obtain permits and defeat what the City
intends to do. Our recommendation to you is that you do have the right to
down zone the property. Under the pending zoning doctrine all the elements
have been satisfied. All the elements have been satisfied because they did
not pull any permits. They have not started construction on the property.
They were fully aware of what was going on at the time that the City decided
to act so.
Mayor Clark: All right.
Commissioner Gort: Mr. Mayor, I have a question.
Mayor Clark: All right, sir.
Commissioner Gort: What was the event that took place a year and a half ago?
Mr. Maxwell (Assist. City Attorney): A year and a half ago, the Third
District Court of Appeal reversed the City, and that was a Herera decision,
that's the one that you've heard about. They needed... the applicants needed
a variance to commence construction on the larger project, the high rise
project, and the court found that the City had not acted property, they had
not made the necessary findings in granting that variance. At that point, all
the applicant had was a re -zoning. They could have gone back to the City, re -
filed the application for a variance, and pursued it. They did not. They
didn't do anything until they became aware that the City wanted to down zone
the property. At that point, staff utilized, at its discretion, the pending
zoning doctrine. It didn't have to do that, but it did.
Mayor Clark: All right.
Commissioner Gort: Thank you.
Mayor Clark: What is the pleasure of the Commission?
Commissioner Gort: I have another question.
Mayor Clark: Mr. Portuondo, you were going to say something. You are
entitled to that.
Mr. Portuondo: Well, this is for the record, Mr. Portuondo again. I just
need to clarify some things that I just heard come out of the City Attorney's
mouth because quite frankly I am stunned. Let's talk about the real record.
There was a homeowners meeting here with Mr. McManus way back at the end of
October and when he stood here and I sat here in this audience, and the
discussion was we got to figure out a way to stop the permits from being
issued because it is going to take about 60 days to reduce the zoning. I sat
right here. Well, let me tell you something, let me tell you something, all
right, let me tell you something. On October... within weeks of that, there
is a memorandum generated within the office of the Planning Department, and it
says... it's dated November 17th, within weeks of this meeting, it says...
It's from Mr. Juan Gonzalez to Santiago Jorge Ventura and says, "It is
recommended that all building permits with the above referenced property be
234 December 16, 1993
withheld pending clarification of an agreement between Swire Properties and
the City of Miami for the benefit of Vizcatran Limited involving $500,000."
And, it asked questions about whatever happened to that settlement. It had
nothing to do with the zoning in progress issue. I'm reading from a November
17th memorandum from Juan Gonzalez to Santiago Jorge Ventura. Now, get this,
on December 6th, Mr. Ventura advises my client by a letter, which we actually
received in December 13, it says, "Dear"... my client... for your information
I am enclosing a copy of this memorandum I just mentioned from Mr. Juan
Gonzalez, Acting Zoning Administrator, requesting that I quote, "All permits
issued for the above reference property be withheld pending clarification of
an agreement between Swire Properties and the City of Miami." No issue about
zoning in progress. OK, now get this, it's the biggy. I am complaining now
that this thing is nonsense. On November 24th when I found out about this
thing I wrote... I called Mr. Maxwell, I started calling him and I wouldn't
get return phone calls, and I started writing. And, I said you better not do
this, this is not legal. I didn't get an answer, that was November 24th.
Weeks go by. On December 9th, I wrote to him by fax and I gave him a four
page letter of chronology on what had been going on here, what my client has
done, what he has spent, and my legal position, and I cited at least 20 cases
on point. I made in bold letters demand is hereby made that the City of Miami
issue all necessary building permits .immediately with respect to the subject
property. If it does not do so, then we will go to court, we will advise the
court of this communication. That was December 9th, nothing, nothing. Get
this. Now, December 14th, I'm still waiting for an answer despite my repeated
phone calls, letters... I still have... Don't have the courtesy of response.
This is my last letter, and I am personally going to deliver to you, which I
did, to insure that my previous correspondence along with this one has been
received. Again, I make the same demand in bold face at the bottom. Now get
this, I get a letter. Mind you, they have in writing, they have withheld
these permits on the basis that they want quote, "Staff wants clarification of
a settlement that happened five years ago." No mention about zoning in
progress. I finally get a fax yesterday, December 15th, that says, "This
letter is to confirm follow-up our telephone conversation...", that was the
first time he spoke to me, "...where I informed you of the City of Miami's
Planning, Building and Zoning Department letter of December 6th regarding the
existing permit was sent out by mistake." That whole memorandum, November
17th, that whole letter, December 6th, they have been holding up my clients
Permit on this basis, and now I'm getting a letter that says were sent out by
mistake. By the way, I'm studying the legal issues, and if I... when I figure
it out, I'll let you know. I just heard for the first time this opinion.
And, I strongly take objection to this. By the way, that memorandum where it
says... when it makes sure that the permits that my client had received, they
received the permits on September 4th in Public Works to do the water and
sewer rerouting and that was before any of this nonsense ever came up. And,
My client has bought material worth $60,000 for that project. So, I strongly
disagree. I want the record to be clear about this because we are adamant
about it. I say this respectfully, but this nonsense has gone on long enough.
Respectfully, really, this is not fair game. And, we have been as cooperative
as we can. I tried to get the Catholic Church involved years ago, you've got
from 150 down to 62, there are no variances been requested for this project.
We've spent architectural fees along over the years $150,000, and those can be
well documented because everybody in this Commission knows how much
architectural fees cost in a project of this size. So, I just want the record
to be clear. I don't want my silence to be interpreted as an admission of any
235 December 16, 1993
of this stuff that is going on here today. And, again I respectfully ask you
not to effect the zoning.
Mayor Clark: All right, anything further?
Commissioner Plummer: Let me ask of the City Attorney once again. They...
let's assume whatever it is that they document that they have spent and
legitimately so, and I'm sure they've spent some money, I don't know how much.
CK? if in fact they go to court and this is downgraded, would the courts
rule that this City has to pay what expenses they have incurred?
Mr. Maxwell: Well, Mr. Plummer it's difficult for me to say what a court will
do. I can tell you what the City's defenses will be.
Commissioner Plummer: Sir, I'm telling you, from your experiences as a
lawyer, would the City be liable to pick up any expenses that they have, maybe
legitimately, incurred? I'm not talking about a million dollars, let's say
it's a hundred thousand, if they demonstrate in court that they have spent a
hundred thousand dollars, is it your opinion that the court, by downgrading,
might hold the City liable for that $100,000?
Mr. Maxwell: If the court finds that the applicants have acted and relied in
good faith, and made a substantial change in position, or incurred in an
excessive obligation in reliance on the City's action, and that in equity it
will result in... well, then it very well could find that. Now again, I don't
know what the court will do. once you get into court, as you know from past
experience, we have gone into court very secure in our position and had a
court rule something altogether different. It's possible that they could find
that there was detrimental reliance in this particular situation. our
argument to that of course would be that this occurred under different
circumstances. The court ruled a year and a a half ago that the City had
improperly granted them a variance. At that point, that issue was dead. They
came in with something else, but they did not come in for that something else
until the City moved to down zone the property. I can't tell you whether or
not the court would rule for the City. I can tell you that we think that we
have a sound argument in opposition to the applicant. And, I would like to
say something else, Mr. Plummer, if I may? I'd like to read the rest of my
letter that Mr. Portuondo read, he didn't read all of it, all right. "This
letter is to confirm and follow up our telephone conversation in this date."
This is from me to Mr. Portuondo, December 15th. "Wherein I inform you that
the City of Miami Planning, Building and Zoning Departments letter of December
6, 1993 regarding existing permits was sent out by mistake. The correct basis
for the City's action it said in the letters grounded in the quote, 'Zoning in
progress rule', and it is not related in any manner to the City's ongoing
conflict with Vizcatran relative Swire Properties in escrow funds. The City
Manager has requested a legal opinion from the City Attorney whether said
rule, also known as the Pending Zoning Doctrine, applies to this particular
case. This office is diligently researching the law in this issue, and will
inform the City Manager and the City Commission of its findings. It is
possible that our research may result in a determination that said rule does
not apply in the instant situation. If that is the case, the Planning,
Building and Zoning Department will be advised of all timely filed requests
for building permits on this subject parcel should the issued an existing
permits validated. However, if our research finds that the contrary is true,
236 December 16, 1993
the City will proceed accordingly. It is not the City's intention to
unreasonably delay your client or otherwise act improperly in this matter.
Any statement indicating otherwise is hereby emphatically denied." Now, Mr.
Portuondo didn't read the rest of it, he just indicated that the City... that
I seem to say in my letter that we were trying to hide something and we have
been caught with our hands in the cookie jar which of course was not the case
at all. We were simply trying to correct an error. The request for legal
opinion is a matter of record and it is on file.
Mayor Clark: All right, Mr. Fletcher:
Mr. Fletcher: Yes, sir. If I may? I've litigated a whole batch of down
zoning cases around the County and around elsewhere. If I may? When somebody
claims equitable estopple when you are trying to down zone property, what they
bring suit for is to invalidate the dawn zoning as applied to them, not for
money damages, for the $60,000 they might have spent, or the $10,000, or the
five or the million. And, what they get if they win is a declaration by the
court that the down zoning that took place is not sufficient to stop them flan
pulling... from acting on their building permit which they already pulled.
You see, so it's not a question of money damages, it's a question of a
determination by the court as to whether or not equitable estopple precludes
the down zoning from being effective as to that property owner. OK.
Mayor Clark: OK. All right, do we need more information? We've been here
all night long. I think I've made myself very clear. I didn't have anything
to do with the zoning of the property or has ever voted to zone that R-4.
Commissioner Gort: Mr. Mayor, before you continue... Mr. Mayor.
Mayor Clarks Yes, sir.
Commissioner Gort: My understanding, one of my staff received a letter from
one of the individuals I have not read in this case. I want to make it part
of the record.
Commissioner Plummer: Said what?
Commissioner Gort: I have not read it. One of my assistants received that
letter and they have it with them, and I have not read it but I want to make
that part of the record; I think it's concerning this item.
Mayor Clark: What's your pleasure?
Mr. Maxwell: Give it to the City Clerk.
Commissioner De Yurre: Mr. Mayor, if I may?
Mayor Clark: Yes, sir.
Ccmmissioner De Yurre: We are talking about the law and positions, legal
positions, and one may be right, the other may be right. But Lord knows we
are like thirteen million dollars in the hole over the last year. And, we
certainly cannot afford to be put in precarious positions where we have to
dish out additional moneys, number one. But aside from the legal aspect, I
237 December 16, 1993
have to look at the moral concept of this whole thing. And, when I look at
somebody coming in in good faith and purchasing a piece of property that is
supposed to represent "X" amount of units on a concept that was brought in
with great excitement by the County of Dade and about this whole great plan,
master plan, of building up and doing away with automobiles to a significant
degree and everything else. And this group here bought into that dream, and
then all of a sudden, to take that away. I cannot morally dawn zone a piece
of property, particularly in this situation, number one. Number two, I also
see the situation of the residents because Lord knows it would be totally
different from what is there. You are talking about residential duplex, that
kind of situation, my parents live right right down the street there on 22nd
Terrace. So, I know the area quite well. I would like to see if possible,
and my vote is going to be against down zoning tonight, but what I would like
to see is where somehow we can work out a deal. A situation wherein maybe we
can swap this piece of land for some of our City owned property that we would
like to have housing on it, that we would like to have affordable housing and
other type of housing, multiple units, the property that's owned by the City
that they might want to swap in exchange for what they have, what they've
put into this property. And that, I think that we could turn this piece of
property into a park for the neighbors, because there's nothing close to it.
Commissioner Plummer: A park won't work.
Commissioner De Yurre: Maybe even putting a NET office there, if that's what
they want, which we're talking about putting something in that area, and then
also affording the developers the opportunity to continue building in an area
where it is desirable to have housing built. And I think that that might be
something that could be looked at as an alternative for everybody getting what
they want. And I would certainly be in support of something like that; that
is, if the down -zoning is not approved. I'm just offering that as a
compromise of sorts. Everybody can walk away with something at some point in
time.
Mayor Clark: Is there a motion that we can move on, either for or against?
Commissioner Gort: Let me ask you a question. Can we legally make a motion
where we can downgrade it with the feasibility exchanging the land?
Mr. Maxwell: What's before you now is approval of a study. Just a study is
before you now.
Mayor Clark: There is unanimous approval for the study.
Mr. Maxwell: That's correct.
Commissioner Plummer: Well, my understand - excuse me, Mr. Mayor. Are you
finished? If I understand, if it is approved to down -zone, then it goes back
through the procedures of the Zoning Board and the other stuff; is that
correct?
Mr. Rodriguez: Right. If you were to...
Commissioner Plummer: This tonight is not a final action.
238 December 16, 1993
Mr. Maxwell: That's correct.
Mr. Rodriguez: It's not a final action. You will be - if you were to approve
the staff recommendation, you will be approving in principle. If you were to
go against it, that will stop the process right there. That's it, and we
don't go to the Planning Advisory - I mean we won't go to the Commission in
January with this.
Mr. Maxwell: May I, Mr. Mayor? Also - but it's - the study, what you do on
the study now is very important. It's important, because if you approve the
study, it will - the ordinances will both come back to you probably at the
j next meeting; one, changing the zoning; and another may proceed further, which
would change the comprehensive plan.
Mayor Clark: I beg to differ with you, sir. We either have got to put this
up or down. All it needs is...
Mr. Maxwell: No, I'm saying...
Mayor Clark: You're fooling the people. You're fooling the people, giving
them false hopes by making that statement. I think you either vote for the
dawn -zoning, or vote against it. You'll have to go back to square one, and
that Mr. De Yurre's situation take over, if that's all feasible.
Mr. Maxwell: I'm not - Mr. Mayor, I'm not commenting on that. What I'm
saying is I think the Commission needs to know that if they were to approve
it, it puts you in a situation that is more precarious than if you were to
deny it at this point, because if you improve it - if you approve it, then
you're going to have ordinances coming later, and you've already given an
affirmative action. Your Planning staff is saying it should be done, so all
your competent, substantial evidence which would be later used in court would
be saying yes to this plan. If you later decided at that point that you
wanted to deny it, then it's more difficult for us to defend your action. So
this is a pivotal action in our opinion.
Commissioner De Yurre: So are you saying that if we were to approve the
study, it gives everybody time to maybe work out some swap, or some kind of
situation or not; is that what you're saying?
Mr. Maxwell: No, sir, no, sir, I'm not saying that at all.
Commissioner De Yurre: You're saying not.
Mr. Maxwell: I'm saying that approving the study and then later trying to
change your mind...
Commissioner Plummer: ... would be difficult.
Commissioner De Yurre: OK. Well, I'm not in favor of the study, so.
Mr. Maxwell: ... is difficult.
Mayor Clark: All right. Can we get a motion? Keep in mind it is after 8:00
p.m.
239 December 16, 1993
Commissioner De Yurre: I would so move.
Mayor Clark: That would be against down -zoning.
Commissioner De Yurre: Against the study. Yeah, against down -zoning. I
can't go with that.
Mayor Clark: Is there a second for the motion? I'll second the motion,
because I believe I told you that earlier. I've voted for down -zoning and I'm
not going to start now. I would have never voted for the zoning, but I'm not
voting against... to the down -zoning. Again, that happened a long time before
I got here.
I
Vice Mayor Dawkins: There's a motion and a second.
Commissioner Plummer: Mr. Mayor, what you have just said, I have been here,
and I did vote against it from day one, and I'll be consistent tonight in once
again voting against Vizcatran for that area.
(APPLAUSE)
Mayor Clark: All right.
Vice Mayor Dawkins: Any further discussion? Hearing none, call the roll,
Madam Clerk.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 93-809
A MOTION REJECTING THE VIZCATRAN GARDEN REZONING STUDY
PREPARED BY THE ADMINISTRATION, WHICH PROPOSED A
ZONING CHANGE FROM R-4 MULTIFAMILY HIGH DENSITY TO R-2
740-FAMILY RESIDENTIAL FOR TRACT "A" FOR THE PROPERTY
LOCATED AT 168-200 SOUTHWEST 32ND TERRACE, THEREBY
LEAVING ZONING FOR SAID AREA AS PRESENTLY DESIGNATED.
Upon being seconded by Mayor Clark, the motion was passed and adopted by
the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: Commissioner Wifredo Gort
Commissioner J. L. Plummer, Jr.
ABSENT: None.
240 December 16, 1993
CO1MT.rS MADE DURING ROLL CALL:
I
Commissioner Plummer: That is to approve the study or not; to deny?
Ms. Hirai: Against down -zoning.
Mr. Maxwell: That's to reject the study.
Commissioner Plummer: I would vote no.
Ms. Hirai: So you vote no.
Vice Mayor Dawkins: Wait a minute. The vote is to allow the present zoning;
not to downgrade it.
Commissioner Plummer: Not to downgrade it.
Vice Mayor Dawkins: Is that right?
Commissioner Plummer: That's correct.
Mr. Maxwell: Well, you're not voting on the - you're voting on the study.
Commissioner Plummer: Really it's on the study. But it's - that's what it
amounts to.
Mr. Maxwell: That would be the result of the vote.
Commissioner Plummer: I vote no on the motion.
Mayor Clark: I vote yes.
Commissioner Plummer: The wisdom of the center chair.
Vice Mayor Dawkins: How did he vote?
Ms. Hirai: There are two no votes.
i
Vice Mayor Dawkins: Yes, I vote yes.
COMMENTS MADE AMR ROLL CALL:
Commissioner Plummer: It passes three to two.
I
y Ms. Hirai: Three to two, the motion carries.
Vice Mayor Dawkins: Thank you. All right, go ahead.
Mayor Clark: And I would suggest that if there is any possibility of Mr. De
Yurre's action come to reality, we do that.
241 December 16, 1993
------------------------------------------------------------------------------
69. FIRST READING ORDINANCE: AMEND 11000 TEXT, TO ArNID HEIGHT OF R-4
MULTIPLE FAMILY RESIDENTIAL BUILDINGS ABUT.PING A RIGHT-OF-WAY OF 100
FEET OR MORE IN WIDTH IN MULTI -FAMILY HIGH DENSITY RESIDENTIAL
DISTRICTS. (Applicant: Planning, Building & Zoning Dept.)
------------------------------------------------------------------------------
Mayor Clark: Call item 7.
Commissioner Plummer: Mr. Mayor, 7 and 8 are on first reading. If we can, I
would like to just go ahead and get through them in a hurry, and we can take
them more in detail on second reading, if nobody has any objection. I would
move item 7, Mr. Mayor, as proffered and approved by the department and by the
Zoning Board on first reading. I so move.
Mayor Clark: Is there a second? Call the roll.
Commissioner Plummer: Well, you got to read the ordinance.
Ms. Matty Hirai (City Clerk): Yes, it's first reading.
Commissioner Plummer: Item 7, first. Read it first. Hello. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS MEMED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 4, SECTION 401, "SCHED= OF DISTRICT
REGULATIONS," TO AMEND THE HEIGHT OF CERTAIN BUILDINGS
IN THE R-4 MULTIFAMILY HIGH -DENSITY RESIDENTIAL ZONING
DISTRICT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on first reading, by title only, by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
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.
242 December 16, 1993
------------------- ----------------------------------------------------------
70. FIRST READING ORDINANCE• AMEND 11000 TEXT, ARTICLE 6, SECTION 6 (SD-6,
SD-6.1 CENTRAL CC M+]ERCIAL-RESIDENTIAL DISTRICTS), TO ALLOW GOVERNMENIAL,
PUBLIC UTILITY AND PRIMARY AND SECONDARY SCHOOL USES AS PERMITTED
PRINCIPAL USES, AND TO EXEMPT GovERNmENTAL USES FROM CERTAIN PEDESTRIAN
PATHWAY AND URBAN PLAZA REQUIREMEM. (Applicant: Planning, Building &
Zoning Dept.)
------------------------------------------------------------------------------
Commissioner Plummer: Likewise, Mr. Mayor, I move item 8, under the same
terms and conditions. It's an ordinance.
Mayor Clark: Well, here, it says a resolution.
Commissioner Plummer: Item 8? It's an ordinance in my book.
Ms. Matty Hirai (City Clerk): First reading.
Mayor Clark: It says a resolution.
Mr. Sergio Rodriguez (Assistant City Manager): PZ-8.
Mayor Clark: Recommending the amendment.
Commissioner Plummer: Huh? PZ-8.
Ms. Hirai: PZ-8.
Mayor Clark: Well, what's it saying? Read the resolution.
Commissioner Plummer: Hey, whoa, whoa. For the record, he's right.
Mayor Clark: It says a resolution recommending the amendment.
Commissioner Plummer: His is a resolution. He's right.
Mr. Joel Maxwell (Assistant City Attorney): I have no idea. You can't rezone
by resolution. No, no, no, he's reading from the Planning Advisory Board.
That's a Planning Advisory Board resolution.
Mayor Clark: Well, don't put it in this book, then, because...
Commissioner Plummer: That's backup material.
Mr. Maxwell: It's required, sir.
Commissioner Plummer: Did you read it?
243 December 16, 1993
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 6, "SPECIAL DISTRICTS", SECTIONS 606.4.1 AND
606.4.3, TO MAKE GOVERD00CAL AND PUBLIC U.CILITY USES
A PERMITTED PRINCIPAL USE INSTEAD OF PERMITTED BY
SPECIAL EXCEPTION ONLY, THEREBY ENABLING SUCH USES TO
MORE READILY MEET CERTAIN PEDESTRIAN PATHWAY AND URBAN
PLAZA REQUIREMENTS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
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 Victor De Yurre
Commissioner J.L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
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.
------------------------------------------------------------------------------
71. ESTABLISH SPECIAL CHARGES / TERms / CONDITIONS FOR TEMPORARY USE OF
SPECIFIED AREA ON SOUI'H'SIDE OF WATSON ISLAPID (ON JANUARY 8 & 9, 1994)
BY V.I.P. PARKING SYSTEMS, INC. -- FOR PUBLIC RENBJM PARKING IN
CONNECTION WITH THE MIAMI BEACH ART DECO WEEKEND -- EXECUITE NECESSARY
DOCUMENTS.
Commissioner De Yurre: What else do we have? I have - hold it, hold it, hold
it. Here's something that the Administration needs and it makes money for us.
A resolution establishing special charges, terms and conditions for a
temporary use of a specified area on the south side of Watson Island on
January 8th and 9th, 1994, by VIP Parking, Inc., for public remote parking in
connection with the Miami Beach Art Deco Weekend, authorizing the City Manager
to execute the necessary documents in a form acceptable to the City Attorney
for said purpose. We stand to make $3,000 on that weekend.
Commissioner Plummer: I will second. I will second that, but I don't hear in
there the necessary insurance.
244 December 16, 1993
Commissioner De Yurre: They will provide all type of liability insurance, so
on and so forth.
Commissioner Plummer: And security?
Commissioner De Yurre: Everything.
Commissioner Plummer: OK.
Mayor Clark: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 93-810
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE TEMPORARY USE OF A SPECIFIED AREA
ON THE SOUPS SIDE OF WATSON ISLAND ON JANUARY 8 AND 9,
1994, BY V.I.P.'S PARKING SYSTEMS, INC., FOR A "PARK
AND RIDE" LOCATION IN CONNECTION WITH THE MIAMI BEACH
ART DECO SHOW WEEKEND; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE, CONDITIONED
UPON THE ORGANIZERS PAYING FOR COSTS OF NECESSARY CITY
SERVICES AND APPLICABLE FEES ASSOCIATED WITH SAID USE
AMID OBTAINING INSURANCE TO PROTECT THE CITY IN AN
AMOUNT AS PRESCRIBED BY THE CITY MANAGER OR HIS
DESIGNEE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Wifredo Gort
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Stephen P. Clark
NOES: None.
ABSENT: None.
Commissioner Plummer: Merry Christmas and happy New Year.
245 December 16, 1993
THERE BEING NO FURR ER BUSINESS TO COME BEFORE THE CITY
COMISSION, THE MEETING WAS ADJOURNED AT 8:10 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
Stephen P. Clark
MAYOR
246 December 16, 1993