HomeMy WebLinkAboutCC 1990-04-26 MinutesCIT 0 MIAMI
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OF MEETING HELD ON APRIL 26, 1990
PLANNING AND ZONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRA1
City Clerk
INDEX
MINUTES OF REGULAR MEETING
APRIL 26, 1990
------------------------------------------------------------------
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PRESENTATIONS, PROCLAMATIONS, AND
DISCUSSION
1
SPECIAL ITEMS
4/26/90
2.
(A) DIRECT ADMINISTRATION TO PLACE ON
M 90-310
2-3
THE AGENDA A PUBLIC HEARING CONCERNING
M 90-311
DADE COUNTY HOUSING AND URBAN
4/26/90
DEVELOPMENT (HUD) PROGRAM, AS WELL AS
REQUEST FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
(B) RESCHEDULE REGULAR CITY COMMISSION
MEETING IN MAY TO TAKE PLACE ON MAY
17TH (Note: Later rescheduled to May
24th - See labels 42 and 44).
3.
DIRECT ADMINISTRATION TO ANSWER
DISCUSSION
4
CITIZENS' CONCERNS IN CONNECTION WITH
4/26/90
STREET PARKING AROUND THE MIAMI ARENA.
4.
DIRECT MANAGER TO IDENTIFY ALTERNATE
M 90-312
4-20
LOCATION IN GENERAL AREA OF GIBSON PARK
4/26/90
FOR A PROPOSED RECREATIONAL FACILITY
PROJECT IN OVERTOWN TO BE SPONSORED BY
THE HEAT FOUNDATION (See label 10).
5.
CONDITIONALLY APPROVE AND REFER TO
M 90-313
26-21
INTERIM STREET CODESIGNATION COMMITTEE
4/26/90
REQUEST FROM CUSHMAN SCHOOL TO
CODESIGNATE N.E. 60 STREET/N.E. 5 COURT
AS "LAURA CUSHMAN CIRCLE".
6.
DIRECT CITY ATTORNEY TO PREPARE
M 90-314
21-27
DOCUMENTS IN ORDER TO ESTABLISH A
4/26/90
NUISANCE CONTROL BOARD.
7.
DIRECT ADMINISTRATION TO RESTORE THE
M 90-315
28
WAR MEMORIAL IN BAYFRONT PARK.
4/26/90
8.
DIRECT MANAGER TO EXTEND CONTRACTUAL
M 90-316
29-36
AGREEMENT WITH FACILITY MANAGEMENT
4/26/90
GROUP (SPE'CTACOR MANAGEMENT GROUP) FOR
MANAGEMENT OF THE JAMES L. KNIGHT
CENTER FOR TWO MONTHS, WITH PROVISOS -
DIRECT MANAGER TO RENEGOTIATE CONTRACT
AND BRING BACK FOR COMMISSION'S FINAL
APPROVAL - IF NEGOTIATIONS
UNSUCCESSFUL, AUTHORIZE ISSUANCE OF
R.F.P.
9. DISCUSSION CONCERNING REQUEST BY DINNER DISCUSSION 36-52
KEY BOATYARD FOR AN EXTENSION OF THE 4/26/90
MAY 4TH DEADLINE CONCERNING PAYMENT OF
ITS TOTAL INDEBTEDNESS TO THE CITY.
El
6
10.
(Continued Discussion) RECONSIDER PRIOR
M 90-317
52-55
_
VOTE (M 90-312) WHICH HAD DIRECTED THE
M 90-317.1
MANAGER TO IDENTIFY ALTERNATE SITE
4/26/90
-
AROUND GIBSON PARK FOR PROPOSED
-_
RECREATIONAL FACILITY IN OVERTOWN TO BE
SPONSORED BY THE HEAT FOUNDATION -
_
RESCHEDULE FOR MAY 17TH MEETING (See
=
label 4) [Note: Meeting of May 17th
was later rescheduled to May 24th.
- 11.
(A) GRANT REQUEST TO DONATE SURPLUS
R 90-318
56-57
POLICE SQUAD CARS TO THE VILLAGE OF EL
M 90-318.1
PORTAL.
4/26/90
-
(B) STATE CITY COMMISSION'S POLICY THAT
-
WHENEVER CITY SURPLUS EQUIPMENT IS
AVAILABLE IT MUST BE OFFERED FIRST TO
SISTER CITIES, THEREAFTER TO THE
GENERAL PUBLIC.
12.
DEFER CONSIDERATION OF EXPIRATION OF
DISCUSSION
57-64
CITY ATTORNEY'S LEASE AGREEMENT WITH
4/26/90
i
AMERIFIRST BANK BUILDING FOR OFFICE
SPACE.
- 13.
EMERGENCY ORDINANCE: AMEND 10642 -
ORDINANCE
64-65
INCREASE APPROPRIATIONS FOR CATEGORY
10725
=_
III "LITTLE HAVANA LAND ACQUISITION"
4/26/90
=
(PROJECT 321038) - $1,500,000 FROM
MUNICIPAL SHOE PROPERTY SALE AND
—
$300,000 FROM STATE OF FLORIDA ECONOMIC
DEVELOPMENT GRANT (See label 14B).
14.
(A) FIRST READING ORDINANCE: AUTHORIZE
ORDINANCE
65-79
_=
ISSUANCE, SUBJECT TO ELECTION, OF
FIRST READING
$30,000,000 LOCAL STREET AND DRAINAGE
DISCUSSION
-
IMPROVEMENT BONDS - CALL ON ELECTION
4/26/90
FOR SEPTEMBER 4, 1990.
(B) (Continued Discussion) CONCERNING
INCREASE IN APPROPRIATIONS FOR CATEGORY
III "LITTLE HAVANA LAND ACQUISITION"
(See label 13)
15.
FIRST READING ORDINANCE: AUTHORIZE A
ORDINANCE
80-81
BOND ELECTION TO BE HELD ON SEPTEMBER
FIRST READING
4, 1990, CONCERNING ISSUANCE OF
4/26/90
$30,000, 000 LOCAL STREET AND DRAINAGE
-
IMPROVEMENT BONDS.
16.
DIRECT MANAGER TO BRING BACK EDITORIAL
DISCUSSION
81
IN THE MIAMI HERALD CONCERNING
4/26/90
POSSIBILITY OF INCREASING CITY
'h
COMMISSIONERS' SALARIES WITHOUT A
REFERENDUM.
17.
EXECUTE AMENDMENT TO AGREEMENT WITH
R 90-319
81-82
_
wmmmmmmmmW.R.T.,
INC. - INCREASE COMPENSATION TO
4/26/90
$103,000 FOR STAGE II PROFESSIONAL AND
TECHNICAL SERVICES CONCERNING SOUTHEAST
—,
OVERTOWN/PARK WEST 9TH STREET t4ALL (CIP
-_
341176).
_ 18.
DECLARE U.D.P. AS MOST ADVANTAGEOUS
R 90-320
82-87
METHOD TO DEVELOP CITY -OWNED LAND -
4/26/90
AUTHORIZE PREPARATION OF A DRAFT R.F.P.
FOR A U.D.P. FOR DEVELOPMENT OF
14AUSOLEUM AT NORTH MIAMI AVENUE AND
_ N�E. 2 AVENUE ON N.E. 19 STREET - SET
PUBLIC HEARING. (Cemetery)
i
,4 A
0
El
19.
DISCUSSION CONCERNING PROPOSED ISSUANCE
DISCUSSION
87-94
OF $13,000,000 OF SPECIAL OBLIGATION
4/26/90
REFUNDING BONDS FOR REDEEMING
OUTSTANDING SPECIAL OBLIGATION BONDS
(SERIES 1985) (Note: Motion for
approval of proposal failed - see label
26)
20.
DISCUSS AND TEMPORARILY TABLE. PROPOSED
DISCUSSION
95-96
"WYNWOOD SNID PARTNERSHIP" AGREEMENT -
4/26/90
FOR PROFESSIONAL PLANNING IN TECHNICAL
ASSISTANCE TASKS REQUIRED UNDER FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS (See
label 43).
21.
DIRECT ADMINISTRATION TO CONDUCT A
M 90-321
96-98
STUDY ON A PROPOSED CODE AMENDMENT
4/26/90
CONCERNING ALCOHOLIC BEVERAGES AS IT
RELATES TO DISTANCE BETWEEN
ESTABLISHMENTS, ETC. (Applicant:
Economy Discount Pharmacy).
22.
PERSONAL APPEARANCE BY WILLIAM GILBERT
DISCUSSION
98-102
TO DISCUSS PROBLEMS OF SMALL PROPERTY
4/26/90
OWNERS AND ZONING REGULATIONS - DIRECT
ADMINISTRATION AND MR. GILBERT TO MEET
WITH COMMISSIONER ALONSO AND TO REPORT
BACK.
23.
INSTRUCT MANAGER TO WORK WITH EPISCOPAL
M 90-322
102-111
COMMUNITY DEVELOPMENT LOAN FUND, INC.
4/26/90
TO TRY TO FIT ITS PROGRAM TO THE MINI
UDAG FUNDING PROGRAM, WITH PROVISOS.
24.
DISCUSS AND TEMPORARILY TABLE PROPOSED
DISCUSSION
111-113
REPAYMENT SCHEDULE OF DOCKAGE MONIES
4/26/90
OWED TO CITY BY THE VESSEL "HERITAGE OF
MIAMI II" (See label 32).
25.
DISCUSS AND REFER TO MANAGER A REQUEST
DISCUSSION
113-116
FOR CLOSURE OF STREET AT INTERSECTION
4/26/90
OF INAGUA AVENUE AND S.W. 27 AVENUE.
26.
(A) (Continued Discussion) RECONSIDER
M 90-323
116-118
PROPOSED RESOLUTION FOR ISSUANCE OF
R 90-324
$13,000,000 OF SPECIAL OBLIGATION
4/26/90
REFUNDING BONDS TO REDEEM OUTSTANDING
OBLIGATION BONDS (SERIES 1985).
(B) AUTHORIZE ISSUANCE OF $13,000,000
OF SPECIAL OBLIGATION REFUNDING BONDS
TO REDEEM OUTSTANDING SPECIAL
OBLIGATION BONDS (SERIES 1985) (See
label 19).
27.
GRANT REQUEST BY JAPANESE SPRING
R 90-325
119-121
FESTIVAL FOR WAIVER OF MISCELLANEOUS
4/26/90
USER FEES FOR USE OF WATSON ISLAND.
28.
AUTHORIZE MANAGER TO RELEASE. DEPOSIT
R 90-326
121-123
MADE BY MS. COREY BARRS TO SECURE A
4/26/90
RESERVATION AT THE ORANGE BOWL
CONCERNING A CANCELLED RALLY FOR THE
PLANET EVENT.
29.
ACCEPT DONATION OF A SCULPTURE ENTITLED
M 90-327
123-127
"UNIVERS" - SUBJECT TO ADMINISTRATION
4/26/90
BEING ABLE TO IDENTIFY AN APPROPRIATE
LOCATION FOR IT.
30. DISCUSSION CONCERNING AUTHORIZATION TO DISCUSSION
PROCEED WITH FINAL SELECTION OF 4/26/90
PREQUALIFIED LOCAL BANKS - FOR CITY
BANKING SERVICES.
31. BRIEF COMMENTS BY COMMISSIONER DE YURRE DISCUSSION
CONCERNING PROPOSED COMMISSION 4/26/90
AWARENESS PROGRAM.
32. (Continued Discussion) AGREE ON R 90-328
REPAYMENT SCHEDULE OF DOCKAGE MONIES 4/26/90
OWED TO CITY BY THE VESSEL "HERITAGE OF
MIAMI II" (See label 24).
33. ACCEPT, IN PRINCIPAL, PROPOSED TERMS
M 90-329
FOR AGREEMENT WITH UNIVERSITY OF MIAMI
4/26/90
CONCERNING ITS USE OF THE ORANGE BOWL
FOR VARSITY FOOTBALL GAMES - INCLUDING
PROVISIONS FOR A 10-YEAR AGREEMENT
(WITH TWO 5-YEAR OPTIONS) AND THE
ASSIGNMENT OF 20 SEATS FOR CITY OF
MIAMI COMMISSION USE - INSTRUCT
ADMINISTRATION TO PREPARE FINAL
AGREEMENT FOR CITY COMMISSION
CONSIDERATION.
34. (A) SECOND READING ORDINANCE; AMEND
ORDINANCE
ZONING ATLAS - CHANGE ZONING
10726
DESIGNATION FROM RG-3/6 AT 596 N.W. 49
M 90-330
AVENUE AND RG-1/3 AT 4901 N.W. 5 STREET
4/26/90
TO CR-2/7 (Applicant: Gary Spirer and
Capital Hill Investment Co.).
(B) INSTRUCT MANAGER TO ESTABLISH A
SPECIAL FUND TO CONTAIN ALL VOLUNTARILY
PROFFERED COVENANTS AND/OR
CONTRIBUTIONS TO THE CITY - CITY
COMMISSION TO ALLOCATE FUNDS FROM THIS
RESERVE ON A QUARTERLY BASIS
35. FIRST READING ORDINANCE; AMEND MIAMI
ORDINANCE
COMPREHENSIVE NEIGBORHOOD PLAN 1989-
FIRST READING
2000, FUTURE LAND USE MAP - CHANGE LAND
4/26/90
USE DESIGNATION AT 2490-2670 N.W. 18
TERRACE FROM DUPLEX RESIDENTIAL TO
INDUSTRIAL (Applicant: Planning
Department)
36. APPROVE OFFICIAL VACATION AND CLOSURE R 90-331
OF PORTION OF S.W. 6 STREET WEST OF THE 4/26/90
WEST RIGHT-OF-WAY LINE OF SOUTH MIAMI
AVENUE FOR APPROXIMATELY 120 FEET
(Applicant: Florida Department of
Transportation).
37. GRANT SPECIAL EXCEPTION
FOR DRIVE-IN
R 90-332
FACILITY AT 1600 S.W. 22
STREET (CORAL
4/26/90
WAY), WITH PROVISOS
(Applicant:
Citicorp Savings of Florida).
38. FIRST READING ORDINANCE:
AMEND MIAMI
ORDINANCE
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
FIRST READING
2000, FUTURE LAND USE MAP
- CHANGE LAND
4/26/90
USE DESIGNATION AT 3560
MAIN HIGHWAY
AND 3227 FRANKLIN AVENUE
FROM SINGLE
FAMILY RESIDENTIAL TO
RESTRICTED
COMMERCIAL, WITH PROVISOS
(Applicants:
David & Christine C. Hill). (Taurus
Restaurant).
127-128
128
128-132
133-141
141-146
146-147
147-148
148-161
161-185
39. FIRST READING ORDINANCE: AMEND ZONING ORDINANCE 185-186
ATLAS AT 3560 MAIN HIGHWAY AND 3227 FIRST RFADING
FRANKLIN AVENUE FROM RS-2./2 TO SPI-2 4/26/90
(APPLICANTS: David & Christine C.
Hill).
40 FIRST READING ORDINANCE; AMEND 9500, ORDINANCE 187
ARTICLE 20 (GENERAL AND SUPPLEMENTARY FIRST READING
REGULATIONS), SECTION 2008 (REQUIRED 4/26/90
YARDS AND OTHER REQUIRED OPEN SPACE;
DETAILED LIMITATIONS ON OCCUPANCY) -
ADD NEW SUBSECTION 2008.13 NOISE AND
DISTANCE LIMITATIONS: MECHANICAL
EQUIPMENT - TO ATTENUATE NOISE FROM
MECHANICAL AND FIRE EQUIPMENT SUCH AS
EXHAUST FANS (Applicant: Planning
Department).
41. FIRST READING ORDINANCE: AMEND CODE, ORDINANCE 188
CHAPTER 36 "NOISE" - DELETE AND FIRST READING
SUBSTITUTE NEW SECTION 36-15 ENTITLED 4/26/90
"MECHANICAL AND FIRE EQUIPMENT" - AMEND
SECTION 36-15 (CONSTRUCTION EQUIPMENT)
(Applicant: Planning Department).
42. (Continued Discussion) INSTRUCT M 90-333 188-189
ADMINISTRATION TO RESCHEDULE THE MAY 4/26/90
REGULAR AND PLANNING AND ZONING CITY
COMMISSION MEETINGS TO BOTH TAKE PLACE
ON MAY 24TH (See labels 2B and 44).
43. (Continued Discussion) AUTHORIZE
EXECUTION OF AGREEMENT WITH "WYNWOOD
SNID PARTNERSHIP" FOR PROFESSIONAL
PLANNING SERVICES IN CONNECTION WITH
TECHNICAL ASSISTANCE REQUIRED UNDER
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
CONTRACT (See label 20).
44. Continued Discussion) RESCHEDULE BOTH
CITY COMMISSION MEETINGS FOR MAY TO
TAKE PLACE ON MAY 24TH - SCHEDULE
REGULAR MEETI14G TO BEGIN AT 9:00 A.M.
AND THE PLANNING AND ZONING MEETING TO
BEGIN AT 5:00 P.M. (See labels 2B and
42).
R 90-334
4/26/90
R 90-335
4/26/90
189-190
191-192
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of April, 1990, 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 11:07 a.m. by Mayor Xavier Suarez
with the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Dawkins then led
those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, AND SPECIAL ITEMS
1. Certificate of appreciation to Mr. Winston Hale, Caribbean Chamber of
Commerce, who was heading up a tour of visiting students from Gaudaloupe.
2. Proclamation to the Miami -Carol City Senior High School, Lady Chiefs,
winners of the State AAAA Basketball Championship for 1990. Vice Mayor
Dawkins requested voluntary contributions be sent to the team to assist
them in furthering their athletic program.
3. Proclamation to Miami Senior High School, Stingerees Boy's Basketball
Team, winners of the State basketball championship for 1990. Vice Mayor
Dawkins also requested voluntary contributions be sent to the team to
assist them with their summer camp and ongoing athletic programs.
a
i
1 April 26, 1990
11
11
2. (A) DIRECT ADMINISTRATION TO PLACE ON THE AGENDA A PUBLIC HEARING
CONCERNING DADE COUNTY HOUSING AND URBAN DEVELOPMENT (HUD)
PROGRAM, AS WELL AS REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
(B) RESCHEDULE REGULAR CITY COMMISSION MEETING IN MAY TO TAKE PLACE ON
MAY 17TH (Note: Later rescheduled to May 24th - See labels 42 and
44).
Mayor Suarez: We have obviously a delegation here from the Dade County HUD
projects. We don't have you on the agenda and cannot really take up this item
today. We also want to advise you that, of course, this is a County project
or program with which I think this Commission wants to cooperate. But failing
any other ideas from my colleagues on the Commission, we're going to begin
with our item very soon. I would entertain a motion that if you'd like to be
on the agenda, we put you on the agenda for the next Commission meeting, or
the appropriate one, to consider your input on the issue of what the City
should be doing in regards to public housing in the City of Miami. So,
Commissioners, its up to you how you want to handle it.
Vice Mayor Dawkins: Let them get on the genda and come back.
Mayor Suarez: OK, I'll entertain a motion to place you on the agenda. Mr.
Manager, what would be the logical...
Mr. Odio: May 17th.
Mayor Suarez: May 17th?
Mr. Odio: I mean 3rd is what I believe I...
Mayor Suarez: We have a request to change the meeting to the 17th, so it
looks like it's going to be the 17th. In fact, if no Commissioner has any
problem with that, I know it's a request from Commissioner De Yurre that we
change to the 17th, we can go ahead and build that into the motion that the
next regularly scheduled first meeting in May will be on May 17th, and your
item will be considered. What would be the logical time? Who's representing
the group? -anybody out there?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mayor Suarez: Well, sometimes we go ahead and adjust and make it in the
evening hours. That day we'll be here for probably the entire day, so in the
absence of any other requests, we'll leave it up to the Manager. You can
negotiate, Mr. Manager. In any event, I'll entertain a motion that the
meeting be on May 17th and that your item be one of those considered on that
day.
Commissioner Alonso: Yes, I move.
Mayor Suarez: So moved by Commissioner Alonso.
Commissioner De Yurre: Second.
Mayor Suarez: Seconded by Commissioner De Yurre. Any discussion? If not,
please call the roll.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTIO14 140. 90-310
A MOTION TO DIRECT THE ADMINISTRATION TO PLACE ON THE
CITY COMMISSION AGENDA PRESENTLY SCHEDULED FOR MAY
17TH, 1990, THE ISSUE CONCERNING THE DADE COUNTY
HOUSING AND URBAN DEVELOPMENT PROGRAM, AS WELL AS
PROPOSED REQUEST FOR COMMUNITY DEVELOPMENT BLOCK GRANT
FUNDS.
6
April 26, 1990
Upon being seconded by Commissioner De Yurre, the motion
was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you and we'll take up...
Commissioner De Yurre: And that includes that we already moved the meeting
from the loth to the 17th.
Mayor Suarez: Yes. Does that...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, I'll entertain a motion that the
meeting be, in
fact, on May 17th.
Commissioner De Yurre: Moved.
Mayor Suarez: Since we've put an item on it already.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not,
please call the
roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-311
�{ A MOTION TO CHANGE THE MEETING DATE OF THE CITY
- COMMISSION MEETING PRESENTLY SCHEDULED FOR MAY 10,
1990 TO MAY 17, 1990.
(Note: See later R 90-335, which rescheduled the May
17 meeting to May 24.)
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
�g Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: One of these days, I'm going to get a two for one out of you.
I don't know how, but one of these days I'm going to do it.
3 April 26, 1990
J
---------------------- -----------...-----
---------------------- -
_ 3. DIRECT ADMINISTRATION TO ANSWER CITIZENS' CONCERNS IN CONNECTION WITH
STREET PARKING AROUND THE MIAMI ARENA.
--------------------------------------------------------------------------------
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yes, Mr. Commissioner.
Commissioner De Yurre: I had a visit from Mr. Alesino who is sitting here. I
don't know if he's visited some of the other members of the this Commission,
but there seems to be some problem or some concern over some land that was _
purchased by the City next to the Arena, and I would just like to direct the
administration and the Legal Department to sit down with Mr. Alesino and see
what the concerns are, and see if there's anything that we should be doing
about it. _
Mr. Jorge Fernandez: The deal was with the Department of Off -Street Parking,
and we're already involved with it, Department of Off -Street Parking.
Commissioner De Yurre: And have you met with Mr. Alesino to any degree?
Mr. Fernandez: No, we have not.
Commissioner De Yurre: OK, so maybe you should get together at some point in =
time and see what the concern is.
Commissioner Plummer: Is he here...
Commissioner De Yurre: fie's right here.
Mr. Fernandez: All nighty.
Commissioner Plummer: Sir, did you check with my office? You asked me to get
the answers to two questions. Did you get the answers? Thank you.
Commissioner. De Yurre: OK, thank you.
Mayor Suarez: Mr. Manager, we have a request - I guess it's scheduled for a
little later on in the day. Presumably, we can handle it at that point.
--------------------------------------------------------------------------------
4. DIRECT MANAGER TO IDENTIFY ALTERN:;TE LOCATION IN GENERAL AREA O GIBSON
PARK FOR. A PROPOSED RECREATIONAL :4,CILITY PROJECT IN OVERTOVA TO BE
SPONSORED BY THE HEAT FOUNDATION (See ihel 10).
-------------------------------------------------------------------------------
Mayor Suarez: OK, the item we have scheduled for this morning is the
consideration of the...
Mr. Odio: Of the Gibson Park. If I may...
Mayor Suarez: Miami Heat project.
Mr. Odio: Yes, sir.
Mayor Suarez: Mr. Manager.
Mr. Odio: On November 30th of 1989, you adopted a Resolution 89-1058
_ authorizing the administration to negotiate an agreement with the Miami Heat
Community Foundation. The agreement was to allow the use of Gibson Park by
the Foundation, for purposes relating to a public recreational facility,
subject to the approval of the required state and federal agencies, and by the
City Commission. And previously to that, the Commission had also approved in
principle, the use of Gibson Park for this purpose by resolution. The problem
that I have had is that when we went back for negotiations, we met -- and I met
personally with the Overt.own Advisory Board and with the School Board. The
School Board is involved because Gibson Park is under current lease for the
4 April 26, 1990
NOW
40
adjacent Douglas Elementary School, and they had something to say about. it =-
because it is required that it must stay as a public facility, a public park,
as long as the School Board so requires, And they also have obligations to us
financially that they are complying with. We have had at least 14 meetings,
and the result is that - and that's why I decided once we got a letter from
the Heat, that they wanted me to sign which would have, in fact, finalized the
deal, a letter that I cannot sign anyway because the Law Department tells me
there is some flaws to it or I decided that the best thing would be is to
bring it back to you because we cannot get the Overtown Advisory Board to
consent to Gibson Park.
Mayor Suarez: You said that you couldn't sign because the Law Department was
so close to it. What do you mean by that?
Mr. Odio: They're supposed to - first of all, we cannot call it a lease.
Mayor Suarez: Oh, the Law Department is opposed to it. Oh, OK, all right,
I'm sorry.
Mr. Odio: Opposed to me signing that letter for legal reasons.
Mayor Suarez: OK, I'm sure we'll hear, about those then at the appropriate
time.
Mr. Odio: But the key question now is that the Overtown Advisory Board, and
out of respect to them, since we do have appointed them to represent that
community. They oppose Gibson Park. And I thought it was better to have a
public hearing and bring this to a head.
Commissioner Plummer: Since they're trying to put it in the Overtown area,
does the Overtown Advisory Board recommend another location?
Mr. Odio: They did. We visited another site. The site is the one proposed
for Wynwood Free Trade Zone. However, it is not acceptable to the Miami Heat
either, so...
Commissioner De Yurre: One thing, Mr. Mayor, that might be something that we
can work on is, you know, if we're working on building the youth center, on
Curtis Park, you know, part of that facility is going to be a basketball gym,
and we might be able - it's not that far away from the Arena, it's not that
far away from Gibson Park. We might be able to work out something to where we
can use that facility to fit both needs.
Mayor Suarez: Both needs being the Heat and?
Commissioner De Yurre: And the community.
Mayor Suarez: Well, that would be the purpose of it, obviously.
Reginald Richardson, Esq.: I guess I need to speak to the Curtis Park issue.
We're not ready to really have dialogue about Curtis Park. The plans have
been drawn up for Gibson Park. What we'd like to do is to find out whether or
not this issue can be handled. If it cannot be handled today, if we cannot go
forward, then our stance would be that we just...
Mayor Suarez: Can you put your name on the record, please, Reg?
Mr. Richardson: Attorney Richardson, Reginald Richardson. Our stance would
be that we just pull the project and maybe we can talk about something else
further down the road, but specifically, we want to deal with the Gibson Park
issue today and if it cannot be, if we can't make sizeable headway then the
project is off the table.
Commissioner De Yurre: Well, legally, where do we stand with Gibson Park?
That's the first thing we have to determine before we can move anywhere, even
to consider it.
Commissioner Plummer: It's dead.
Mr. Odio: Well, legally, we do not have an agreement with the Foundation as
of this moment.
5 April 26, 1990
Commissioner De Yurre: No, but I'm talking about the use of the park.
Mr. Odio: Oh, you can.. the park can, be used.
Commissioner De Yurre: But is there a lease right now with the School Board? -
Mayor Suarez: Yes, let's not get confused here. The fact that the Legal
Department, I'm sorry, Commissioner to interrupt you, is recommending or is
opposed... has to do with some negotiations that are still pending. It's not
that they're opposed in principle or something, are you?
Mr. Odio: No, right, t.hat's...
Mr. Richardson: What it has to deal with is...
Commissioner De Yurre: Well hold it, hold it, hold it. Let me hear from the
City Attorney's office as to what their legal position is on this matter.
Mayor Suarez: Yes, what is the City Attorney's...
Vicky Leiva, Esq.: At present time, the 8.4 acres of Gibson Park are under a
lease between the City of Miami and the Dade County Public School System. The
public school. system administrators came and met with us. We discussed the
fact that before we can do anything with that property, we would have to amend
that lease having the School Board approve an amendment that would allow the
City to utilize that land for both purposes, the School Board purpose and the
activities for the Heat Foundation.
Commissioner Plummer: How long is the lease?
Ms. Leiva: It's through '92, and it has extensions at the will of both
parties.
Commissioner Plummer: And how much do they pay us for that lease? Is that
one of those dollar a year deals?
Mr. Odio: No, it is not. That's the new deal we had where they pay their...
Commissioner Plummer: Oh, OK.
Mr. Alberto Ruder: That's one of the ones, excuse me, where 60 percent of the
maintenance they cover for us.
Mr. Odio: They cover.
Mayor Suarez: We estimated the cost of maintenance... Commissioner Alonso.
_ Commissioner Alonso: Excuse me, one question, we knew that this was in
:
a existence...
Mr. Odio: Yes, but...
Commissioner Alonso: ...when we gave them the impression that we were going
to go into a deal with them too?
Commissioner Plummer: No.
<n
Mr. Odio: No, no. Let me clarify it because they knew - we knew - we met
with them and they agreed that we could do this. I have a letter here from
the School Board...
Commissioner Alonso: You mean the School Board?
Mr. Odio: ...saying that we can do it.
Commissioner Alonso: They changed their minds.
Mr. Odio: No, no. We never had discussions with them until - until you
approved Gibson Park. Then we went and met with them and they said, we have
no problem with this, as long as we work out the hours and the areas where our
school kids are going to participate in sports, we have no problem with that.
And here is a letter...
6 April 26, 1990
Mayor Suarez: There's been an impression given, Mr. Manager, that the I..egal
Department, somehow, is in an unalterable opposition to this, or there are
obstacles to overcome that, we're not ready to overcome. I£ what you're saving
is that there are certain mechanics that have to be worked out, that the Legal
Department has to approve, please put that on the record and we go to the
policy aspects of all this, and the citizens' views and so on.
Ms. Leiva: Correct.
Mr, Odic: The legal requirements that I was talking about is in regards to
the letter that the Heat sent me asking me to sign the letter. I referred the
letter to the Law Department...
Mayor Suarez: To sign the lease?
Mr. Odio: To agree to a lease.
Ms. Leiva: It's a letter of intent at this point.
Mr. Odio: In a letter of intent. I refused to sign the letter based on some
issues that we have to negotiate if you so approve Gibson Park. It's only
.language in some cases.
Mayor Suarez: Could they be described as details to be worked out, mechanics
to be *corked out?
Mr. Odio: Yes.
Ms. Leiva: They are legal issues to be worked out, yes.
Commissioner Alonso: Mr. Mayor, but also, as I understood, the position the
gentleman has made it very clear on behalf of the Heat, if a solution cannot
be reached here today, the deal is off. So, to me this is a dead issue.
Mr. Richardson: OK, ma'am, that is as to...
Mayor Suarez: That's a good clarification. And the way you stated it, it
made it sound Like...
Mr. Richardson: It is, it is.
Mayor Suarez: ...if we can't do it finally here today, it's over.
Mr. Richardson: Well, no. What it is, is that that's as to the site and as
to the Boys Club. I think that we've had dialogue with the City's lawyers and
the other three or four issues are actually no issues. So, we need to say
something to the effect that we're going to work on the instrument that we're
going to use to transfer whatever we're going to do in terms of the property
and we also need to have a definite statement as to whether or not the Boys
Club is going to be the managing agent. Our stance in that is that if the
Boys Club is not the managing agent, as was our first, you know, meeting with
you then we won't build the center. So, we just need to know definitely where
we're going to go. It's been 14 months and we're going back and forth and
we're at the point now to where we need to know if it's go, fine, we'll go on
and build it as we said we would. If it's not go, then, thank you, and we'll
try to do something else to help the community further on down.
Mayor Suarez: OK. Ann Marie.
Ms. Ann Marie Adker: I'm Ann Marie...
Commissioner Plummer: Well, Mr. Mayor, let me just...
Mayor Suarez: I'm sorry, Commissioner Plummer.
Commissioner Plummer: Let me just - very, very quickly because I've tried to
work every way possible with Reggie that I can. But the tone of voice this
morning, let me say to you is, I never look a gift horse in the mouth, but
when a gift horse has a whole lot of strings attached to it, then the horse
can't run freely.
7 April 26, 1990
11
IJ
Ms. Adker: Amen.
Commissioner Plummer: And, as far as I'm concerned, I think we need to say
thank you for trying, and let's go to the next item.
Mayor Suarez: OR.
Ms. Adker: I'm Anne Marie Adker and I live at 407 N.W. 5th Street, and that's
in Overtown.
Commissioner Plummer: Hey...
Ms. Adker: I feel as though I owe you an explanation. Before you, you have a
proposal that was written for the Miami Heat by the Downtown Development
Authority for a gym, shopping center for sport material to be located at 6th
Street between 2nd Avenue and 1st Court. When I saw this proposal, and
finding out they had an allocation of $3.5 million dollars to put into that
facility, I knew that that, facility wouldn't take up that much money. I
said, could you commit the rest of that allocation to Gibson Park? -that will
help us create a class -one or class -A park. Don't forget, we are the hole in
the doughnut where everything is going on around and nothing within. All of a
sudden, it comes back that the Heat wants to build a center, or do something
in Overtown. Then, the next thing that comes is the Heat Foundation. The
Heat is the one with the money to do the center. The Foundation, as I see, is
owned, headed, or whatever by Mr. Richardson who needs a 30-year lease for a
dollar that he's going to give a five year lease to the Boys Club to run.
Now, I want to know, why does Overtown need the Heat Foundation to negotiate
Gibson's Park to the Heat, or with the Heat? I'd like a lot of questions
answered here. We did not ask the Heat Foundation to negotiate anything for
US. Overtown didn't. And to tell you the truth, we need and want any
construction that can benefit Overtown, in Overtown. But I'm getting so sick
and tired, you know the morning I woke up and found out that the City of Miami
could not expand south, it had to come north. I woke up to a bunch of
vultures, and those vultures come from the pulpit right or. to the door. The
churches collectively, in Overtown, can't give you a thousand votes. OK?
Collectively, all of them. And here we get everybody in town talking for
Overtown. Now, did we negotiate the Heat Foundation to negotiate with the
Heat for Gibson's Park.? It sounds like we, in Overtown, don't have too much
sense here.
Mayor Suarez: Thank you, Anne Marie.
(Applause)
Mayor Suarez: I presume that, at some point, you want to introduce into the
record a petition that I have in front of me, and submit it formally and tell
us about it.
Mr. Erbie McKnight: Good morning, I'm Erbie McKnight, I live at 224 N.W. 12th
Street. Today I'd like to present a petition that went through the
neighborhood of Overtown, signed by 1,100 registered voters who are in favor
of the Gibson Park Center being used as a community athletic center for the
Heat. These signatures on the petition were given by the people who live in
the neighborhood and who will be using the facility. Also, as we were
collecting these signatures and talking to people about their concern, I jot
down the things that came up the most to me. And they were, number one,
community development funds being used to paint apartments that increase rents
by as much a $100 per month, the lack of jobs for youth, the need of
affordable day care in Overtown, employment for citizens 50 years old and
older, drug sales in and out of public housing and in and out of our streets
on a daily basis, the removal of trash and rubbishes from abandoned lots. The
last thing that I jotted down was a question asked at every door, who are the
people on the Overtown Advisory Board and who elected them to represent us?
With that, we present to you, for your consideration, the signatures of one
thousand, one hundred and sixteen registered voters who we will report back to
as to how this meeting went today. We ask that you give us some respect. We
ask that you consider the fact that we have supported you, now we're here
asking that you support us. Thank you.
Mayor Suarez: Thank you, Erbie. That's introduced into the record, Madam
City Clerk. One technical question, Mr. City Manager or City Attorney, it
just occurred to me, in view of the Arena tax situation, is there any
8 April 26, 1990
a =_
possibility that these improvements made by the Hear, Foundation could lead to
taxability of the improvements with a long term lease?
Commissioner Plummer: No.
Mayor Suarez: Which, by the way, I don't see necessarily as a negative thing,
because it might help the community, because we have more taxable...
Commissioner. Plummer: No, I -as I know the law that's come down, and I'm not
the City Attorne, the tax assessor in Orlando only made a tax finding on those
improvements to a property in which a profit -making organization was, in fact,
existing. If it is a nonprofit on City owned property, it was not taxable,
that's, as I understand the ruling from Orlando now, I just give it to you for
what it's worth.
Mayor Suarez: And, by the way, Anne Marie, that answers partly why they set
up a Foundation because it's the way that the City had expected them to
function as a clearly nonprofit venture. We wouldn't want them to profit it
from it, that's for sure, if we were inclined to give this lease. At some
point, Father Barry, before you leave, as chairman of the Overtown Independent
Review Panel, I'd like to see if you have any recommendation or thoughts on
this, if you would. Don.
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yes, Commissioner.
Commissioner De Yurre: Let me just say that - because, you know, I want, and
I think we, in this community, recognize the importance, what we're talking
about and the significance of the improvement of quality of life that this
project brings to our community. I want to make sure that if there comes a
point in time, and it may be very near, that the site that we're looking at is
not doable, you know, I would like to have the Commission allow me to pursue
Curtis Park with the Heat Foundation, or any other park that may be suitable,
but, at least, Curtis Park, which is close to Overtown, it's close to
Allapattah, it's close to Wynwood, it's close to Little Havana. It's pretty
much smack dab in the middle of everything, that it may something that we
could look at since we're talking about building something quite similar to
what they're proposing as far as - and we might be in duplicity and, you know,
maybe we can put everything in concert, then work something out that will work
out for everybody in hand.
Mayor Suarez: OK. Don.
Mr. Donald F. Benjamin: Mr. Mayor, Commissioners, my name is Donald F.
Benjamin. I am the interim president of the Overtown Advisory Board. I own
property in Overtown and have lived in Overtown for several years. I want to
answer Mr. McKnight's question first. Who is the Overtown Advisory Board? In
July of 1982, the City Commission of the City of Miami, as a result of the
5 action by the federal government, with respect to the urban initiatives
project in Overtown an environmental impact statement was done and one of the
recommendations coming out from that activity was that the ad hoc committee
which had been set up to work with the officials, federal, local, and state
and county and city, that that ad hoc advisory committee should then become
—_ the Overtown Advisory Board. And that Overtown Advisory Board should be
comprised of 15 members made up of residents, property owners, businessmen,
representative of organization and so on. And that that organization would be
authorized to renew its membership. Whether or not this is an efficient
method way to proceed, is not my argument and I don't, intend to stand here now
-t and argue with Mr. McKnight. I just wanted to inform him as to how this board
came into effect. It is an instrument of this City of Miami Commission and it
was set up to come back and advise this Commission on matters affecting the
development in Overtown, beginning, first of all, with the Southeast
— Overtown/Park West, project development area. Later on, the responsibility was
expanded to affect all of Overtown. This Commission and other Commissions
would bear testimony that this Overtown Advisory Board has carried out its
function over the years effectively and efficiently. We have brought all,
those issues and others before this Commission for action. Some have been
successful, others we have not been successful. As everything is, you win
some, you lose some. And one of the biggest issues that this Overtown
�- Advisory Board is dealing with, with the City now, is the whole issue of tax
increment financing, which you haven't even mentioned and apparently you don't
April 25, 1990
3
_i
even understand, But it's an issue that will make a big difference with
respect to the future of Overtown. The Overtown Advisory Board will continue
_
its fight on that issue. Let's come to the present issue. On June 15th, the
then president of the Overtown Advisory Board, Dr. Bill Perry, wrote a letter
-
to the City Manager - and, by the way, if I refer to the City Manager, I don't
-
mean him personally in many of these instances - it may be representatives, it
may be the City as a whole. I have the greatest respect for Mr. Odio and we
-
have worked well together, but in a lot of the letters that have come forward
-
here before us, it is addressed to the City Manager. Dr. Bill Perry, the -
president of the Overtown Advisory Board wrote the Manager advising him that
the Overtown Advisory Board was not in favor of Gibson Park as the site for
the Heat facility. As Mrs. Adker pointed out, we had seen a proposal
developed by the Downtown Development Authority which talked about 2nd Avenue,
6th Street for this facility. We had no problem with that. And, again, we _
_
had been going along on the information that was given to us - I may repeat
some of the things Ms. Adker said, but maybe they are worth repeating - we
understood that the Heat would be prepared to build a facility and any
remaining money would be used for the improvement of Gibson Park. We have no =
=
problem with that. That's what we understood, that's what we agreed to. -
-
Then, all of a sudden, we understand that the leader of the organization, the
Miami Heat Community Foundation, whatever they call themselves, had approached
=
the board for a meeting. The meeting was set up at the Douglas School. We _
had about 12 - 18 people or twenty or thirty. We had a reasonable amount
3
considering Overtown. We were there and this man came to present - to make
3
his presentation. We experienced great difficulty, and I sympathize with you,
Commissioner Plummer, I understand what you're saying. Because we had great
difficulty with this young man trying to get factual information about what is
going on. And all we heard during that presentation was, I am going to do so
and so for you. I am going to do so and so for you. I am going to do so and
so for ,you. We, again, thought that we had come to this meeting to discuss
_
i
with the Heat people and so that they can get some input from us as to where
we're going with this facility. We have no objections to this idea. We
_g
-
welcome it, gladly welcome it. Overtown can do with everything that is
offered to it. But treat us as respectable human beings. Do not dance with
us with the truth and we expezience this time after time with this particular
-
individual. We couldn't get a factual statement from this particular person.
As recently as today, this man can...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Benjamin: ...this man nearly had a confrontation with me, using some of
the worst language, which I will not repeat here. We find it very difficult
to deal with this man. That's one issue. But, in terms of the Heat facility,
they want 9 acres. The Gibson Park has 8.4 acres. We feel, we believe, the
Overtown Advisory Board believes that in the event this facility is
constructed in the Gibson Park, it is no longer Gibson Park. In effect, a
local usable active park would have been removed from the community. Again,
listen carefully. I am not against the Heat facility. Our position is, find
another site. The City Manager very graciously invited us to his office to
talk about this and we met with him. And we stated our position. It is
pointless to put that facility in the park because you'll be removing the
park. And not only that, but the park is dedicated to the memory of man who
sat in this chair for many years, the late Canon Theodore Gibson. We have
great respect. He was one of the leaders in this community for a long time.
Do not erase his name from the memory and work and dedication that he gave to
this community. So, those are the two basic reasons. The park is dedicated
to Canon Gibson, let us continue to memorialize that. Second, if the facility
is put there, it wipes out the park. So, this is all our discussion with the
City Manager. The City Manager also promised to arrange a meeting with the
Heat representatives, which he did. The Overtown Advisory Board, the Heat and
the Manager met. We talked about this, we made our position clear again.
Then, as we went around, the discussion came up that the Heat should make a
presentation to the Overtown Advisory Board as to what it's really going to
do. On March 15th, at the regular monthly meeting, and again, the Overtown
Advisory Board, everybody knows, that we meet on the third Thursday of every
month at the Culcner Center, everybody knows that because when they have an
issue, they come. The Heat people came and made a beautiful presentation. We
were impressed with the quality of the presentation and what it said. The
facility, we thought, would be very, very - is very exciting from the design
concepts. We said that. We continued to feel the location is not right. We
met again with the City Manager and the Heat and we agreed that we should
identify some other locations and go visit them. Everybody agreed on this,
10 April 26, 1990
3
_i
mind you. The day of the visitation, unfortunately I wasn't there, I. couldn't
a make it, but they went and they saw a site at N.W. 2nd and 5th Avenue and 23rd
and 25th Street. Approximately 14 acres, I understand. Everybody who went on
that tour immediately felt impressed with that site and they saw no other
after that. The report comes back that, that site is already spoken for and
something might happen there in another five years. We are concerned about
this because here is the Heat, even though we have disagreements with them,
they are ready to move. Here is an available site of 14 acres with no serious
commitment, as I understand, it's all talk commitment. Why isn't it possible to take this 14 acre site and move immediately, since the Heat is ready to go,
and later on, because there's all kind of vacant land development land in
Overtown, a lot of those buildings are going to fall down, the same buildings
that Mr. Erbie - they're going to fall down sooner or later and you're going
to have vacant land to do these other things. So, that's our basic position.
We got an alternate site, at N.W. 2nd Avenue and 5th Avenue, 23rd Street -
21st Street, more than what the Heat is asking for. Another issue that has
-a not been resolved and this was going to be the next meet...
Mayor Suarez: That site you just referred to is not the one that is presently
being promoted for a free trade zone?
Mr. McKnight: Yes, it is, sir. And we reed the jobs.
Mayor Suarez: I just want to identify it, I just want to identify it. All
right.
Mr. Benjamin: I am trying not to argue with anybody. I'm just...
Mayor Suarez: No, no, neither am I. I just wanted to identify it. Why don't
you go ahead and complete your presentation because it's 11:54 now. I have a
feeling we're going to hear a little bit more from this side and then the
Commission.
Mr. Benjamin: But, I need to make the point very clear, the Overtown Advisory
Board has acted responsibly and with a great deal of respect for this City of
Miami Commission, the City Manager. But we find from the correspondence which
we have received from Mr. Richardson, that this City has made a commitment to
the Heat for Gibson Park. That is - and I said this and the Manager was a
little bit concerned - to me that was a done deal. So, why are we doing all
of this?
Mayor Suarez: Thank you, Don. Father Marquess Barry, do you want to make a
quick statement?
Mr. Odio: Mr. Mayor, may I clarify something?
Mayor Suarez: Yes, Mr. Manager.
Mr. Odio: On the wiping out of the park, I think we need to just briefly to
describe that it will have an indoor facility which is a regulation gymnasium,
Olympic size boxing rings, indoor swimming pool, equipped weight training
rooms, locker rooms and showers, game rooms, classrooms, and meeting rooms, an
auditorium. But outdoors, you still will have three tennis courts lighted,
one softball -football field, also lighted, two basketball courts, not shown on
the plans, but will be included, playgrounds adjacent to the school and
parking lots.
Mayor Suarez: How much open area, including that football field, is left
then? Do you have any estimate?
Mr. Richardson: We have not touched any of the open area that the football or
baseball field are on. I don't have the acreage.
Mayor Suarez: Well, how much is it? Does anybody know, any estimate? If the
Parks Department can give that to us, it would be helpful in possibly
countering that image given that the park is quote, unquote, wiped out or at
least, you know, showing that it's only some percentage of that, that really
is happening. She's saying maybe 50 percent.
Mr. Richardson: OK, can I just say too that at no point in time...
Mayor Suarez: Sir, please have a seat.
a
11 April 26, 1990
Mr. Richardson: That at no point in time will this not be a public park. Our
purpose is not to come in and take a park at all, it's ,just to make this park
better. It will be open to anybody and everybody, whatever the park hours
are, just as any City Park is now, so the inference that it's not going to be
a public park, I think, is not a well placed inference.
Mayor Suarez: I think we'll make the ultimate decision, I guess, is what we =
call a park. It obviously is going to be a lot of recreational activities
under roof as opposed to outdoor. Maybe that's why Don is sort. of saying that
it ends up being - the park is sort of lost in the sense of an open park.
Father.
Father Richard Barry: Yes, I'm Father Richard Barry, the director of St.
Agnes Episcopal Church and presently serving as chairman of the Overtown
Advisory - Overtown Review Panel. First, I want to say to Anne Marie, my dear
friend, that I can deliver to the City of Miami anytime more than 1,500
registered voters within the City of Miami...
Ms. Adker: From your parish?
Father Barry: From my parish. St. Agnes Church has a membership of little
over 3,000 people and of that 3,000 plus people, more than half of them reside
in the City of Miami, and it is common knowledge among Episcopalians that all
of us are registered voters and that we vote. I mean, that's just a part of
our existence to be fully participating citizens of the community.
Mayor Suarez: You know, the one that that we've established here today, if I
may interrupt you, is that everybody is going to vote pretty soon and that we
have a lot of registered voters involved in this issue. All of which inures
to the benefit of the community. But, go ahead, Father.
Father Barry: OK. I think Mr. Benjamin's last statement really iced the
cake. The City Commission has already committed Gibson Park to this project.
He said, it is a done deal. I agree with him. I support the Heat project in
Overtown. When we walk up and down Overtown, there is nothing but blight.
Gibson Park, in spite of what people say, is nothing but a drug hangout.
(Applause)
Fattier Barry: I see it everyday. I walk down 3rd Avenue and get my hair cut
down there and I see the deals being made all along Gibson Park. Gibson Park,
when I was a boy growing up in Overtown, was Dixie Park, you know, and it was
changed to Gibson to honor the memory of the late Theodore R. Gibson.
Mr. McKnight: Amen.
Father Barry: I say to the City of Miami Commission, let's either use the
potty or get off it. Let's go on and close this deal. Let's make some
specific demands of the Heat, let's hold their feet to the fire and let's make
them do what they have pledged to do. I support that project and I hope the
City will go on and do what it needs to do to bring this to fruition. Thank
you.
Mayor Suarez: Thank you for your statement, Father. Last statement on this
side.
i Mr. Alfonso Brown: My name is Alfonso Brown and I'm the president of Booker
T. Washington Alumni Association which we have over 3,000 members. What
concerned me is the first thing that you took up on the agenda between Dade
County School Board and their commitments with you as far as using Gibson Park
with Booker T. Washington. That school is going to become a senior high
school soon, OK? But what I'm saying is, that there was agreement between the
alumni association and the School Board. When that school become a senior
high school, they would go into negotiation with the City of Miami to in some
kind of contract or deal where that park can be used with Booker T. Washington
Junior -Senior High School.
Mr. Odio: The lease is with Douglas Elementary. It has nothing to do...
=_ Mr. Brown: Well, I know that. I know that, but this is what is part of the
planning at Dade County School Board ad hoc committee which I am a part of.
_A
12 April 26, 1990
now
- Mayor Suarez: Have you analyzed whether this facility would actually enhance
the potential use by the Junior and Senior High School., for example, for a
varsity basketball and so on...
Mr. Brown: Right.
Mayor Suarez: ...and swimming?
Mr. Brown: Yes. What we were talking about because Booker T. Washington is a
special school and it, didn't have enough property, this is one of the reasons
why this was put up this way so the contract or deal can be worked out to use
the park and the pool like it was years ago. What I'm saying is, now, if the
Heat was to come in and build on that site, it would take from what is already
being planned and it took us 13 years to get this far to a senior high school.
Now, if you build on that site, where would Booker T. Washington be? We were
trying to make it a complete facility so everything will be in the Overtown
area. Two years ago, I went to the Overtown Advisory Board and asked them to
put in their budget for a track which was the only facility that wasn't in the
area. The kids in that area have to take a bus to go to 36th Street to
practice track which is overcrowded with Jackson and Northwestern. Now, these
things have been done by the alumni association who has been working with the
ad hoc committee and Dade County School Board. But what we are saying is now,
if you was to take that facility, which is the only facility in that area that
can maintain a track for that area, which would be connected to Booker T.
Washington Junior -Senior High School, you'll be defeating the purpose that we
have been fighting for thirteen or fourteen years. That is my reason for
being here.
Mayor Suarez: Thank you, Alfonse. OK...
Mr. McKnight: Mr. Mayor...
Vice Mayor Dawkins: ...Brown...
Mr. McKnight: Mr. Mayor...
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: Mr. Brown, perhaps this is what you need to spearhead the
School Board into making this a senior high school. This is what we all
desire and I would say to you, and I will go with you, that this Commission
supports the alumni efforts to make it a senior high school, and because of
the urgency of what we're doing here now, the School Board needs to, as Father
Barry said, use the potty or give it up.
Mr. Brown: Yes, thank you.
Mr. Benjamin: Mr. Mayor, please...
Mayor Suarez: Last statement and then the Commission is going to, hopefully,
make a determination and we may have further questions of staff.
Mr. McKnight: Yes, Mr. Mayor, when Mr. Benjamin came to the mike, he
addressed some things and some of the concerns that I brought up while we were
gathering these signatures that were addressed to us, and one of them was, who
is the Advisory Board and who elected them? He answered who they were, but he
did not tell us who elected them. Let us not forget that even in Eastern
Europe the people have the right to elect their representatives and we, who
are Americans, don't feel any less, and we who live in Overtown believe in our
heart that the Constitution, the Bill of Rights, and the Voters Fight Act.
covered us. This board is not elected by members of our community. Their
elections are not public elections. We do not have the power to elect people.
That's why it was necessary for us to seek representation through petition.
Thank you.
Mayor Suarez: Yes, you're kind of overdoing the argument because if you have
the petitions, you've got clearly in the record, who it is from the citizens
that support your version of the matters, and I'm sure Don could educate us as
to who he believes is supportive of his presidency, whether., formal elections
were held or not and this is certainly not a situation where we would ever
prevent them and I hate to get into this, Dan, because...
13 April 26, 1990
7-A
Mr. Benjamin: Mr. Mayor., I'm going to be brief. I'm going to be brief, very
brief.
Mayor Suarez,: ...just make a quick statement on that. We know the legitimacy
of the Overtown Advisory Board, and if we chose to have it elected by regular
elections, we could do that, I suppose and if not, I'm sure you could un-elect
all, of us. But, go ahead.
Mr. Benjamin: Again, I want to restate, I'm not here to argue with Mr.
McKnight or anybody else, but the resolution of this City of Miami
Commission - and please listen - July 22rd, 1982, after a lot of whereases,
the resolution of this City of Miami Commission said, "Now, therefore, be it
resolved by the Commission of the City of Miami, Florida. One, the Southeast
Overtown/Park West Community Redevelopment Ad Hoc Committee is hereby
designated as the official advisory board to comply with the requirements of
the urban initiatives project to be known as the Overtown Advisory Board.
Two, the 15-member Overtown Advisory Board shall select its own officers and
appoint replacements to the board should a vacancy on the board occur."
That's all I'm saying.
Mr. McKnight: The same as the Communist Magna Carta.
Mayor Suarez: OK, please, please.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please. None of that is noted for the record
and we don't care about everybody elses views of the political or electoral.
clout of each others group. Just take a one minute statement, sir, since you
got up and I know you've been wanting to say something. Just a one minute
statement, please.
Mr. Berkeley Miles: Can't do it in, one minute.
Mayor Suarez: OK, we'll give you one and a half minutes. All right, thank
you. Last statement. I really mean to get this back to the Commission so we
can decide.
Ms. Sharane Thorias: Good morning, my name is Sharane Thomas, and I live at
840 N.W. 5th Avenue, and that is in Overtown area and I have been residing
there for all my life. Before I begin my speech, I would like to say that I
respect the views of the Overtown Advisory Committee and I respect the views
of the community members that support the Miami Heat. I would like to say and
direct my speech to both groups saying that all I have been seeing is one
person pulling this way and the other one pulling that way, and that my view
to this is that if they could at least come together as a group because they
are one people, we would not have been here today. And whether they would
have disagreed or agreed to the Miami. Heat to be there or not, at least they
would have one vote. I would also like to say that I do support the Miami
Heat being at Gibson Park. And their arguments were saying that the park is
active. I've been a member and I received many trophies and awards since I
was nine, and now I'm age nineteen. I have not seen anything going on at
Gibson Park other than the Boys Club and the weight room gym. In the cultural
arts section, I have not seen anything active going on and the community is
just like he says... just like - I don't know his name - is full of drugs and
everything. I think it will bring about a change in the community. If we're
going to help our community, help our children, I say, let's go for this.
We're going to help our children and that's what I think it is for. Thank
you.
Mayor Suarez: OK, thank you for your statement and thank you for keeping it
to about a minute and half. OK, Commissioners, what's your pleasure,
q:iesticns of the staff? Motions, etcetera...
Commissioner Plununer: My basic question has to be, wily is the Heat Foundation
wed to only one location? There are other locations in which we're going to
get something - and I like the idea of the Heat Foundation of what they're
trying to do - but what the hell is wrong with having a park remain in another
location for the community center?
(Applause)
14 April 26, 1990
Mayor Suarez: Please, please.
Mr. Richardson: First of all, our emphasis was that the Beat considers itself
neighbors to the area. And let me just finish, sir...
Commissioner Plummer: But, Reggie, there's a lot of other land there
available.
Mr. Richardson: Fine, if there is some other land then, all right. We didn't
ask for any specific piece, we simply said, find a piece of. 'Land and we can go
with it.
Commissioner Plummer: Why is there not other pieces available?
Mr. Odio: We don't have another piece of land in that area to provide this.
Not in the Overtown area.
Mr. Richardson: Which has the acreage.
Mayor Suarez: Owned by the City, none?
Mr. Odio: No.
Mr. Richardson: I mean, we've already been...
Mayor Suarez: What about the other park? -Dorsey's not big enough for what...
Mr. Richardson: No, Dorsey isn't.
Mr. Odio: No.
Mr. Richardson: So, you know, we're not wed to that except for the fact that
the people that we seek to do something for are in that area and that
particular park services probably 60 percent of the children that live in that
area, that park there. So to place us on the outskirts, I think, 24th Street
or something, would put us really out of the range of the children. They
could travel to us, but...
Commissioner Plummer: Well, that's not in contention because I have to
disagree with my good Trinidad friend that there is a serious commitment on
the Wynwood project. These things don't come about overnight, but God knows,
this Commission has bent over backwards to try to make that a reality, and we
continue to. There just seems like, to me, that there ought to be some other
site available in that general area to keep it in the general area and get
this facility for the community. Now...
Mr. Richardson: If that's so, sir, we don't have a problem with it. We've
just developed all of our plans now for Gibson Park, and what we reed to have
is just a definitive answer as to whether or not it's going to be Gibson Park.
We're spending money and hiring contractors and stuff because we thought that
the site would be Gibson Park, and we simply want to know if it's going to be
Gibson Park today, please tell us. If it's not going to be Gibson Park, then
we need to know that too.
Mayor Suarez: Let me put something on the record in connection with this line
of questioning, I think it makes a lot of sense. As we talk about other
potential sites - we want the community to know this too, everybody - a lot of
the ones you see that you would like to see something like this happen on are
just privately owned. I mean, if we knew that we had the funds to acquire it.
Now, one other publicly owned possibility that I have not heard mentioned is
some of the HUD projects in the area including some that. have playground
facilities. It may not be 8 or 9 acres, but maybe 3, 4, 5 acres you could
build some awfully nice, you know, recreational facilities on that Rainbow
Village and some of the other ones, and I wondered if you have...
(Applause)
Mayor Suarez: ...please -if you have given enough consideration to that,
Reggie?
_s
15 April 26, 1990
Mr. Richardson: Sir, no, we actually haven't. We focused all of our efforts
towards the site that City told us we would be using. We need to answer that
question first. I don't think - frankly, I can't tell you that we're going to
go see Rainbow 'Village or any other site. We need to answer whether or not
it's going to be Gibson Park. If. it's not going to be Gibson Park, then the
backers have a decision to make as to whether or not they want to go forward
or whether or not they don't. And that's...
Mayor Suarez: We hear that, yes, we hear you on that.
Mr. Richardson: OK, sir, that's all.
Mayor Suarez: OK, sir, just frame it in the form of a...
Commissioner Alonso: Mr. Mayor.
Mayor Suarez: Commissioner Alonso - and, then, we're just going to let you
ask a question, but not now, not now, Commissioner's going to say something.
If you just approach the mike before I try to keep you to a minute and a
half... oh, you can ask him a question after the meeting all you want. If
you're going to ask...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, well go ahead very quickly, sir. OK, thank you,
Commissioner. Go ahead, with the mike, right at this mike.
Commissioner Alonso: Go ahead, sir.
Mr. Miles: Not paying attention though.
Mayor Suarez: Well, you can't force him to pay attention, but you can say it
publicly, if you want, sir. All right, last try.
Commissioner Alonso: Go ahead, sir.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: All right, you can ask him later then after the meeting.
Mr. Richardson: OK, ask me later.
Mayor Suarez: No, no. Six-, sir, you're out of order. Use the mike if you
want to ask a question publicly here. If not, you can ask him all the
questions you want privately. If he wants to talk to you, if he doesn't he
won't talk to you.
Mr. Miles: All right, don't panic. You associated with the Iieat?
Mr. Richardson: Yes, sir, I am.
Mayor Suarez: Give us your name, sir, please.
Mr. Berkeley Alfred Miles: My name is Berkeley Alfred Miles. I'm a fruit
peddler.
Mayor Suarez: Give us your address, sir.
Mr. Miles: I work in the Miami produce center.
Mayor Suarez: All right, what is your question?
Mr.. Miles: My question is, is he associated with the Heat?
Mayor Suarez: Indirectly he is, I guess.
Mr. Richardson: Yes, sir.
Mayor Suarez: The Heat Foundation, yes.
Mr. Miles: OK, all right. Now...
16 April 26, 1990
..m
x
01
- Mayor Suarez: Go ahead, speak into the mike.
Mr. Miles: I'm trying to think. This is the first time... I'm trying to get
my head together. I'm a resident of the Overtown section and...
i
-' Mayor Suarez: What's the question, sir?
Mr. Miles: Yes. Well, I'm trying to get it together. I got it but I'm
trying to get it together. I pass that question up.
Mayor Suarez: All right. No, no, you only get one question, so if you have a
question, ask it, and if not, leave the mike and then we're going to go ahead
and complete our...
Mr. Miles: Well, I have one statement.
Mayor Suarez: All right, half a minute now. Before I gave you a minute and a
half, now I give you half a minute.
Mr. Miles: The what you call it is not large enough.
Mayor Suarez: OK, we've heard that argument today that the park is not large
enough.
Mr. Miles: The 40 acres is not large enough.
Mayor Suarez: We don't have 40 acres, but...
Mr. Miles: Well, 14, whatever he said. Fourteen or 40 is not large enough.
Mayor Suarez: All right, thank you for your statement. Anything from the
Commission and the staff?
Commissioner Alonso: Yes.
Mayor Suarez: All right, the public hearing part of this is closed. Now the
Commission and staff. If the Commission may ask Reggie or anybody else...
Commissioner Alonso: No, I have some comments I'd like to make. First of
=?
all, the things I have heard here today, I have heard this gentleman refer as
something concrete. It has to be this location, it has to be today, or it
-
will not be done. At least this Commissioner would like to see in the future
that neither the Heat or the municipalities as we have seen in the park in the
past get the impression that some deals have been finalized. They come in
front of us and tell us, we have been working on plans to do this construction
-
in certain location. We have worked for extended period of time and when the
_
issue comes back to us, definitely the issue is not finished, we have legal
implications that we have heard here today and at least for myself, I like to
set up a way in the future that until we had completely agree on something, we
don't give the impression that it has been approved. So that we don't have
people coming back at us and telling us, well, we had worked on the plans and
-
we thought it was a closed deal when, in fact, it was not. At least for
myself, I'm not going to agree on voting on something that I hear the City
Attorney telling us, yes, there are legal implications, when we hear the City
=
Manager saying he was not willing to sign a letter and when we have seen so
---
many disparities between groups ir, the community. So at least for myself, I
think that we have to set up clear our position in the future to let the
people know, don't start making plans until. you have completely obtained the
location, so we don't put ourselves into the situation that we are forced by
telling us, well, if it's not here, then we are not going to do it. I don't
-
like to be told things like that. I like to see the good intention, of doing
something that is good for the community and for themselves, but not to place
us, it has to be today and it has to be that way. At least, for myself, I
usually vote no when I'm placed in situations like that.
-
Mayor Suarez: OK, anything further from the Commission or from staff?
Manager's recommendation?
Mr. Odio: Well, the first question, we cannot proceed with any agreement
unless you decide that you want it at Gibson Park. If you don't want it in
Gibson Park, then that's it. That's the only question we need answered today
is to proceed to be able to work out an agreement with the Heat.
17 April 26, 1990
Mayor Suarez: As far as...
Mr. Odio: I recommend Gibson Park....
Mayor Suarez: OR, I was going to say, as far as planning, development, parks
and other Citywide considerations, does this make sense?
Mr. Odio: Yes.
Mayor Suarez: All right, Commissioners. Any motions one way or the other?
Are we supposed to be - is a motion proper before us to either proceed with
Gibson Park, or to turn down the idea of Gibson Park? Is that what you would
like, Mr. Manager, Madam City Attorney?
Mr. Odio: I have a technical question. There is a resolution issued in
November saying Gibson Park and I don't know if that...
Commissioner Plummer: In principle, in intent, or in reality?
Mr. Odio: In princ...
Commissioner Plummer: In principle.
Ms. Leiva: No, there is a resolution of November authorizing the City Manager
to negotiate an agreement in a form acceptable to the City Attorney with the
Miami Heat Foundation for the use of Gibson Park.
Commissioner Plummer: So that's not been done? You've not negotiated a
contract?
Mr. Odio: No...
Mr. Richardson: We are doing that, sir.
Mr. Odio: We have been in the process, but...
Commissioner Plummer: According to the resolution, you have not negotiated
the contract...
Mr. Odio: Right.
Commissioner Plummer: ...and as action, of this Commission today would, or
would not.
Mr. Odio: That is correct.
Commissioner Plummer: OK.
Mr. Odio: That is correct.
Commissioner Plummer: If you want a motion...
Mayor Suarez: You would finalize negotiations if we approved it today, yes.
Commissioner Plummer: I would hate to see - I don't see any difference
between the Foundation and the Heat. They're hand in hand, OK? I would hate
to see the Miami Heat be placed in a position after this town has been so damn
good to them, that they give an ultimatum that says, "Here it is, or. else." I
think it is one hell of a great project for this community and I would like to
see that project stay in this community at another location. And my motion,
Mr. Mayor, would be that we instruct the Manager to move every effort to try
to find another location in the general area for this project. You shake your
head no, you know, that's the kind of attitude that gets you nowhere. Let me
give you one that might just work out and the Manager is going to fall out of
his chair and have a heart attack. The Municipal Justice Building. We had no
takers on an RFP.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: T_ understand that, but it's seven million dollars that
we've got in a project being offered to the City.
18 April 26, 1990
Vice Mayor Dawkins: So what? We're saving a seven million dollar damn
children. What the hell do I care about $7 million dollars?
Commissioner Plummer: So, hey, I'm not saying that's the site, OK? But I'm
not agreeing with the man shaking his head saying there ain't nowhere else.
Vice Mayor Dawkins: Well, you got my vote on this site.
Commissioner Plummer: OK? Now, I'm saying, hey, Heat, we love you and we
want your project, we think it's great.
Vice Mayor Dawkins: At least I get one jail out of the City of Miami.
Commissioner Plummer: But I think you got to work with us and my motion would
be that the City Manager turn every effort he can to try and find an alternate
location for this project, period, Amen.
Mayor Suarez: So moved. Do we have a second on that motion?
Commissioner Alonso: Second.
Mayor Suarez: We have a second on that motion. Any discussion on the motion
from the Commission?
Commissioner De Yurre: Well, discussion, I go back to my original statement
that...
Mr. Richardson: Sir, excuse me, can I make a statement?
Mayor Suarez: Wait, wait, wait, the Commissioner is speaking, Reg.
Mr. Richardson: I'm sorry.
Commissioner De Yurre: I go back to my original statement that I think that
Curtis Park is a doable site and if that's part of the motion that we look at
Curtis Park along any other...
Commissioner Plummer: That's surely an alternative.
Commissioner De Yurre: ...at any other, then that's what we're looking at.
Mayor Suarez: Yes, I think that's understood to be part of the motion.
Commissioner Al.onso: Yes.
Mayor Suarez: Reggie.
=; Mr. Richardson: Yes, can I just clarify because it seems as though...
Mayor Suarez: As a clarification, not as further argument, please.
Mr. Richardson: No, it isn't, please. The only reason why my comment was
somewhat forceful was because we've been going back and forth with this for
now 14 months. And we have come before this City Commission 5 times with the
site being Gibson Park. Now that we're ready to take the next step forward,
we're informed that we have to come back and now the site isn't Gibson Park.
y So, the only reason, believe me, it isn't to be cocky or anything, sir...
Commissioner Plummer: You want an answer.
Mr. Richardson: We just want an answer.
Commissioner Plummer: I understand that.
Mr.. Richardson: And that's the only reason why, if it is not Gibson Park
today, then...
Mayor Suarez: We hear you.
Mr. Richardson: OK, and...
19 April 26, 1990
Mayor Suarez: I think we understood it that way although there was also some
suspicion that from the beginning it had to sort of be a predisposed, you
know, facility, you know, when some other people proposed Dorsey or whatever.
Mr. Richardson: No, it isn't, it isn't. And we've been back here five times.
Mayor Suarez: Anything further?
Commissioner Plummer: What time we coming back.?
Mayor Suarez: Mr. Vice Mayor. OK, call the roll on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-312
A MOTION DIRECTING THE CITY MANAGER TO TRY TO IDENTIFY
AN ALTERNATE LOCATION IN THE GENERAL AREA OF GIBSON
PARK IN CONNECTION WITH THE PROPOSED LOCATION FOR A
RECREATIONAL FACILITY PROJECT IN OVERTOWN TO BE
SPONSORED BY THE HEAT FOUNDATION, INCLUDING, THOUGH
NOT LIMITED TO, CONSIDERATION OF CURTIS PARK AS AN
ALTERNATE SITE FOR SAID PROPOSED FACILITY.
(NOTE: This motion was later reconsidered by M-90-
317.)
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:22 P.M. AND RECONVENED AT 2:36 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS DE YURRE AND ALONSO.
--------------------------------------------------------------------------------
5. CONDITIONALLY APPROVE AND REFER TO INTERIM STREET CODESIGNATION
COMMITTEE REQUEST FROM CUSHMAN SCHOOL TO CODESIGNATE N.E. 60 STREET/N.E.
5 COURT AS "LAURA CUSHMAN CIRCLE".
Mayor Suarez: OK, this Commission is back in session and, hopefully, in order
we're pleased and proud to have the students of Cushman School that I know
worked so hard to implement a recycling program. Hopefully, they picked up
all the stuff finally. Today?
UNIDENTIFIED SPEAKERS: Today. Today.
Mayor Suarez: Today. I see we have a good sense of timing. We have a good
sense of timing. I thought they were going to do that the other day. All
right. You have a request for street name. Where's Dr. Lund? Ah. Does any
Commissioner have any problem with a favorable recommendation on this going to
the street committee's designation?
Commissioner Plummer: Is that Cushman circle, or square, or triangle or...
Vice Mayor Dawkins: It still has to go to the....
G0 April 26, 1990
ad
Commissioner Plummer: What I am suggest, Mr. Dawkins, is that we approve it
subject to the ratification of the memorial committee...
Vice Mayor Dawkins: Second.
Mayor Suarez: Yes, give it additional impetus, make it sound like it's
already, as they say in France, a fait accompli, and then let's see if - the
=� Committee won't have any problem. They've had a tough time getting started.
Commissioner Plummer: Or as it was said this morning, a done deal.
Mayor Suarez: A done deal. In Miamian, a done deal, in Miamian and fait
accompli in French, and God knows what in other language. So moved and
seconded. Any discussion? Call the roll.
-� Commissioner Plummer: Mr. Mayor., I'm going to vote affirmatively for the
motion, but the kids have requested that they not be dismissed until about
8:00 or 8:30 tonight. They're in no hurry to go back to school.
Mayor Suarez: Well, we'll figure out our way through that. In the meantime,
please call the roll, otherwise we'll never be dismissed from here. _
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-313
A MOTION DESIGNATING THE INTERSECTION OF NORTHEAST
60TH STREET AND NORTHEAST 5TH COURT IN THE CITY OF
MIAMI, FLORIDA, AS "DR. LAURA CUSHMAN CIRCLE";
FURTHER, INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO ALL AFFECTED GOVERNMENT
AGENCIES.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miller Dawkins
Mayor Xavier. L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miriam Alonso.
Commissioner Plummer: Now, kids, all of your life, things in this City
Commission should be so easy. Ha, ha, ha. Have a good time tomorrow in Big
Pine Key. And don't harass the porpoises.
_ NOTE FOR THE RECORD: COMMISSIONERS ALONSO AND DE
YURRE ENTERED THE MEETING AT 2:38 P.M.
-------------------------------------------
-----------------------------------
6. DIRECT CITY ATTORNEY TO PREPARE DOCUMENTS IN ORDER TO ESTABLISH A
NUISANCE CONTROL BOARD.
22
------------------------------------------------------------------------------
Mayor Suarez: You had an emergency request to hear an item ahead of time,
Commissioner Alonso? -item 23?
Commissioner Alonso: Yes, please.
Commissioner Plummer: Item two, three?
Mayor Suarez: Item 23, Mr. Manager, or Commissioner.
211 April 26, 1990
i
Commissioner Plummer: That, by the way, for the record, Mr. Manager, was...
! Mr. Mayor., was item 20.
i
i
Mayor Suarez: Twenty. OK. Item 23. Noise control within the City„ It was
continued from the meeting of April 12th. There's Dr. Lund. You did very
well when you weren't here.
Commissioner Alonso: Yes, I wanted to address the problem of noise control in
the sense that I'd like to be clear what the City is doing in reference to
what are the rules that we have on the books and what is done at the present
time? I have had many complaints in my office with neighbors, disagreements,
phone calls made to the Police Department, people who are keeping the radios
and equipment, loud noises, all day, late at night, and we have some people
here in the audience that wanted to address this issue. Do you want to be
recognized now, Father? Yes.
Father Jesus Hernandez: Yes, Commissioner. Yes, the problem is - excuse me.
Mayor Suarez: Can you put your name in the record, please, Father and
address?
Father Hernandez: Yes, Father Jesus Hernandez. I belong to the Greek
Orthodox Church of St. Jude. And I am the director of the program in radio in
one hour and in TV in one hour too in Channel 51.
Commissioner Alonso: Let me add that he has received also many complaints in
his talk show in reference to this same problem that I have received many
letters in my office as well as phone calls.
Father Hernandez: Yes, we have a lot of problems, Mayor, and all. the
Commissioners. And we receive many complaints in our show, radio and TV, and
I have the same problem in my chapel. Because a lot of people, these people
don't have any kind of respect for the neighbors, put the radio or every two
or three nights in the week have some kind of party in his patio, in his...
Commissioner. Alonso: Yard, backyard.
Father Hernandez: Yes. And they put that music until 3:00 or 4:00 o'clock in
the morning and it's a terrible, terrible...
Commissioner Plummer: The ordinance is up till 11:00. Eleven.
Father Hernandez: Eleven... exists You can see in every
place where are some kind of a store immediately that they open the store,
they put speaker in front of the store and you can listen that music in about
5, 6, 7 blocks around, and it's a terrible problem because this is a city I
can see by choice which many people need to rest, because they are working
very hard. And at least they need a little rest. For example, many people
work in the night in hospitals or security and rest in the day, and during the
day is practically impossible to rest because this terrible loud music. It is
incredible. I have my personal problem with one of these people. We call the
police. I try to explain this example. I call the police, the police came
and say to that gentleman, they need to stop that kind of noise. You can
listen one kilometer around and they stop the music, but immediately that the
police go, they beginning with the same problem. They send then an officer, a
woman, and this man attack the woman officer and today after that situation,
they came to my chapel and throw three bottles of beer into chapel.
Mayor Suarez: Was the individual charged with some of an offense foi-...
Father Hernandez: Yes, yes, I prefer now in this moment, don't say any name
because we going to the court.
Commissioner Plummer: You get three more bottles.
Father Hernandez: Yes, and when we are in the court, the attorney of that
gentleman came to me with Father George of St. Sophia, and he say, Father, you
can put away the complaint about this gentleman because maybe he's going to
jail. I say, I don't have any problem, I don't want to anybody be condemned,
or going to jail, or to receive a fine for this problem. The only thing we
know, we want this please be silence and give the people rest in peace. He
promised that they don't going to return again with the situation, and
22 April 26, 1990
0 AP
fortunately, the last month I explained to the Commissioner, I explained
another time to De Yurre. They continued, and the other day the party was
until 5:00 o'clock in the morning. And nobody called the police because this
gentleman is some kind of aggressive, and there are old people who are afraid
of the situation and I am sure there exists some kind of regulation in the
City of Miami to stop this situation because it's a great lot of complaints in
the radio and TV and in the churches about this problem.
Commissioner Alonso: I checked the regulations that we have on the books, and
it stated very clear that after 11:00 o'clock, also I saw that noise that was
like radios and equipment after hundred feet away, it was just enough as to be
able to present a complaint. Now, what other avenues, other than calling only
the Police Department? When they come, they talk to them. When they leave,
they go back again to do the same thing. Do we have any way that we can fine
them? -code enforcement, something to that effect?
Mr. Odio: Commissioner, I believe PZ-8 today is going to make it a tougher
law.
Dr. Luis Prieto: Yes, we're beefing up that ordinance and actually decreasing
the time from - it's really 7:30 during weekdays...
Commissioner Alonso: Seven -thirty.
Mr. Prieto: ...and we're taking it down to 6:00 p.m. From 6:00 p.m. till
8:00 o'clock in the morning, we have a code of noise that is not only where
the noise originates, but actually at the site where the noise is being heard.
We have a special meter that is common practice around the nation and we've
adopted a national code into the City so that it's the uniform code and easily
enforceable. It's much easier than before. Before we...
Commissioner Plummer: Mr. Manager.
Mr. Prieto: Yes, sir?
Commissioner Plummer: Excuse me. What happened to the request - Mr. Manager,
I know you need the priest badly, but would you listen to me. What happened
to that board that we were trying to create the nuisance board? Where is
that?
Mr. Odio: I don't know, Commissioner. I really don't know what happened to
that.
Commissioner Plummer: Well, that's the kind of thing - let me tell you...
Commissioner Alonso: That could handle things like this.
Commissioner Plummer: Yes, ma'am...
Commissioner Alonso: Yes.
Commissioner Plummer: ...that was a board that was created on Miami Beach
which I brought to this Commission's table and they handled those kind of
things very swiftly and decisively.
Mr. Odio: OK, let me...
Commissioner De Yurre: I saw a proposed ordinance to create one a few months
a.go,
Commissioner Plummer: The nuisance board.
Commissioner Alonso: Um hum.
Mr. Odio: Yes, but we haven't...
Commissioner Plummer: Yes...
Commissioner De Yurre: Here, here... I think Mike Kosnitzky was working on
that. in fact, he prepared a proposal for us to look at.
23 April 26, 1990
Commissioner Alonso: Yes, and I tell you, it is a growing problem. I never
had anyone talk about this before, but...
Commissioner Plummer: Go to Coconut...
Commissioner Alonso: ...in the last few months, it's growing and growing and
it's really affecting the life, the quality of life in the City of Miami.
Commissioner Plummer: Go to Coconut Grove on a Friday or Saturday night. -
Commissioner Alonso: You mean cars and...
Commissioner Plummer: Those cars...
Commissioner Alonso: Yes.
Commissioner Plummer: The legislature yesterday, by the way, addressed the
issue it passed out of committee that these cars with these boom boxes, I
think they call, are going to go before the full house and I hope to God it
passes. I think the easiest solution...
Commissioner Alonso: Yes, imagine when it is your neighbor, next door
neighbor. It's awful.
Commissioner Plummer: I think the easiest solution is that anybody has a
"bang box" has to drive with their windows up.
Mayor Suarez: Your terminology really gets to me. Everybody that has a what?
Commissioner Plummer: A boom box they call it. No, that's what they call it.
Not what I call it.
Mayor Suarez: I thought you said something else. All right, how about a
motion - first of all, is there any other person that can be called other than
the Police Department? -when there's a particular incident that's creating a
problem in the community?
Lt. Joseph Longueira: Mr. Mayor, the only thing I can suggest to him and he's
got to tell his neighbors is, he said the first time when we came, they took
some action. Then it happened again, but nobody called us. Even if you have
a new ordinance...
Commissioner Plummer: They're scared to call, Joe.
Vice Mayor Dawkins: They did, they said the lady got beat up when she came,
Joe.
Lt. Longueira: I know, Commissioner, but if they don't call us, who are you
going to call? If we get beat up, who are you going to call?
Vice Mayor Dawkins: Well, that was a police officer. Hey, that was a police
officer who got beat up.
Lt. Longueira: We will address...
Commissioner Plummer: If it was next to my house, I'd call the Mafia.
Lt. Longueira: We will address those issues. If the person wants to take
action against us, we're prepared for that.
Commissioner Plummer: Call the Mafia.
Lt.. Longueira: That's our job and we're willing to do that, and they have to
have confidence to call us. We learn those kinds of situations. If they want
to fight, we won't go there with a woman police officer, we'll go with five.
Mayor Suarez: Just wanted to know if there was anybody to call other than the
Police Department like, you know, friendly Dr. Prieto was offering to help in
all these matters. I thought maybe he'd give a particular...
Commissioner Plummer: Well, wouldn't it also be the other one that you could
do through the - not the short range - but through the City Attorney's office
in the violation of the charter? Violation... huh?
24 April 26, 1990
e
a
Vice Mayor Dawkins: No, you know...
- Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: No, my concern is...
- Commissioner Plummer: The Code.
Vice Mayor Dawkins: My only concern is stopping it.
Commissioner Alonso: Yes, right. -
Lt. Longueira: Yes.
Vice Mayor Dawkins: Now I, you know, you guys talking about your
neighborhood, you don't have nothing, OK? Now, and as J.L. said, you ride
through my neighborhood, and you can hear the guy six blocks away coming and
when he pulls up by the light, you try to roll up your glasses and it should
be some law that prevents this kind of a noise level traveling down the
streets. And, somehow, if we could stop that, then we can stop the ones on
the corner. But I'm not interested so much from 6:00 to 11:00 as I am for 24
hours a day.
Mayor Suarez: What is the Code applicable to 24 hours a day? Is there some
noise level?
Commissioner Plummer: It changes.
Mayor Suarez: OK.
Commissioner Alonso: But it says hundred feet away.
Mr. Jorge Fernandez: Yes.
Commissioner Alonso: Yes, it does say that.
Vice Mayor Dawkins: What's the noise level, Sergio?
Mr. Sergio Rodriguez: You have it in section, chapter 36 of the Code, section
dealing with noise and it tells you that if it is plainly audible from 100
feet distance, then you're in violation.
Vice Mayor Dawkins: Then what can you do to them?
Mr. Rodriguez: Well, call the police, that's what you do. That's the way you
enforce it.
Vice Mayor Dawkins: And what did the police do? Can the police put him in
jail?
Mr. Fernandez: Yes.
Commissioner Plummer: Montavonni is acceptable over the Rolling Stones.
-. Mr. Fernandez: It would be a misdemeanor, we need to declare. In fact,
they're arrested, but only in the sense that they're giving a notice to appear
in court because it is not an actual physical arrest of being taken down and
booked. But for purposes of their being cited and having to appear in court,
it's practically the same thing.
Commissioner Plummer: Let me ask you...
Mayor Suarez: It's a criminal violation?
Mr. Fernandez: Yes.
Mayor Suarez: It's a criminal violation. Misdemeanor.
Commissioner Plummer: Can you confiscate the offender? -namely, the thing
that's producing the sound?
25 April 26, 1990
cm
Mayor Suarez: Very interesting concept.
into it that would permit that?
Commissioner Plummer: Huh? Well...
Mayor Suarez: A little forfeiture.
How about putting a little teeth
Commissioner De Yurre: Mr. Mayor, I have here a copy of the nuisance
ordinance that was proposed and if you want, I'll give it to the City
Attorney's office and let them review it and come back with something.
Commissioner Plummer: I tell you, that has worked wonders on Miami Beach.
Mayor Suarez: And include consideration...
Commissioner De Yurre: Well, here it is and I'm turning it over to the City
Attorney's office right now.
Mayor Suarez: Include consideration of the Miami Beach ordinance.
Commissioner De Yurre: And bring it back on the 17th with your
recommendations.
Commissioner Alonso: Right..
Mayor Suarez: Consider the Miami Beach ordinance, consider putting the kind
of...
Commissioner Alonso: Deport, yes...
Mayor Suarez: ...penalty that they would forfeit the particular box or
equipment that's creating the noise. I bet you that would have an impact.
You're right.
Commissioner Alonso: Also, Mr. Manager, is it possible that through public
announcements, can we inform the public that we have every intention of taking
action against the individuals who perpetrate this kind of attitude, and
continue to do it? Because it hasn't been a serious problem in the City, and
we haven't been known as taking a strong position, but if we advise them,
through public announcements, perhaps people are aware that we are going to
take serious stand and they control themselves. And that's exactly what we
want, that people don't do these kind of things. We have enough problems as
it is.
Mr. Odio: We'll try it to see if we can get some public...
Vice Mayor Dawkins: Where is a newspaper?
Commissioner Plummer: The what?
Vice Mayor Dawkins: I think the Miami Herald or somebody needs to print that
a City of Miami police officer is going to defend itself. OK? Now, you can
hit one up side of the head because you think not.hing's going to happen, but
there's a possibility you may get hit back.
Commissioner Plummer: Yes, ask the guy at 2:30 this morning.
Commissioner Alonso: OK?
Mayor Suarez: OK, with all those caveats and warnings and so on, we'd like to
have this in the form of a motion, to have the Manager bring back the
ordinance as recommended with all the features.
Commissioner Alonso: Yes.
Commissioner Plummer: It's already been done, I thought.
Commissioner Alonso: Yes, they...
Commissioner Plummer: I moved it a couple of months ago.
26 April 26, 1990
40 40
Mayor Suarez: OK, do you want to add any of the present features that have
been discussed? -in the form of a motion?
Commissioner Plummer: Just creating the board, and then they can set their
own guidelines, Mr. Mayor.
Mr. Odio: Maybe I should put this on the record. 1 just got a copy of a memo
that the Chief wrote on July 25th of 189. It's addressed to me, "...As per
your request, our legal advisor has researched the feasibility of having the
City of Miami Beach establish... of having the City of Miami establish a
nuisance board. Ms. Pino contacted the Miami Beach legal advisor and was
advised that in October of 1987, the City of Miami Beach enacted an ordinance
in response to problems of multiple drug related nuisances in building
structures located in Miami Beach. This ordinance is specifically Chapter
71(d) of their code modeled itself after section 60.05, Florida Statues, which
deals with injunctions, abatement of nuisances. Since it's enactment,
concerns have arisen as to the vagueness of the language in their ordinance
and the seemingly harsh penalties provided for violations thereof. Unlike the
City of Miami Beach, the City of Miami Police Department, street narcotics
unit, in conjunction with the State Attorney's office has successfully
addressed this problem via enforcement of section 17(b) of the code of
Metropolitan Dade County, Florida, related to the demolition of inhabitable
structures. In addition, chapter 31st, section 25th, of the City of Miami
Code provides for the revocation and/or suspension of occupational licenses
for certain prescribed conduct on the premises and the notification and
hearing process which must be followed. In light of the aforementioned
provisions which are presently available to us and the high rate of success we
have experienced in utilizing them, it is the Police Department's position
that the creation of a nuisance board is unnecessary."
Commissioner Plummer: That's fine. You tell the Police Department, they're
entitled to their opinion. We disagree with them.
Mr. Odio: OK, all right.
-
Commissioner Plummer: We set the policy, they better implement it. i
-,�
Vice Mayor Dawkins: I second the motion. _
=
-s
i
Mayor Suarez: So moved and seconded. Any discussion? Any further
discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-314
A MOTION DIRECTING THE CITY ATTORNEY TO BRING BACK AN
_
-
ENABLING ORDINANCE CREATI14G A CITY OF MIAMI NUISANCE
CONTROL BOARD, GIVING SAID BOARD THE AUTHORITY -_
THEREAFTER TO CREATE ITS OWN GUIDELINES.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
_
Commissioner J. L. Plummer, Jr.
-
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
-
Mayor. Xavier L. Suarez
NOES: None.
ABSENT: None.
27 April 26, 1990
y
i
9
NN
7. DIRECT ADMINISTRATION TO RESTORE THE WAR MEMORIAL IN BAYFRONT PARK.
_ Commissioner Plummer: Mr. Mayor, I have three items to bring up, pocket
items. I'll do them whenever you want them. I'll try to be as...
Commissioner De Yurre: Only?
Vice Mayor Dawkins: On the 17th we'll take them up.
Mayor Suarez: Take them all up on first...
Commissioner Plummer: They got to be done today.
Mayor Suarez: ...order of business on the 17th of May.
Commissioner Plummer: I got to do them today.
Mayor Suarez: What do you have that's an emergency?
Commissioner Plummer: Mr. Mayor, the f irst one is the War Memorial which a
lot has been said about in the newspapers. I am told as your representative
to the Bayfront Park by Mr. Wally Lee, that the cost factor would be
approximately $10,000 to restore the memorial itself and that he could have it
done in conjunction with your request to dedicate the laser on July the 4th,
and I think we should give them the permission to immediately proceed to get
that restored, get it in place and let's have the dedication of the laser and
the memorial - rededication of the memorial on the 4th of July. I would so
move at this time.
Commissioner Alonso: I second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-315
A MOTION DIRECTING THE ADMINISTRATION TO PROCEED WITH
PRESENT PLANS FOR RESTORATION AND REDEDICATION OF THE
WAR MEMORIAL ON THE 4TH OF JULY, 1990
Upon being seconded by Commissioner Alonso, the mction was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Yes, and get Kleinberg off my back.
Mayor Suarez: Yes, I wish it hadn't gotten to that point. Somehow this was
supposed to be part of the...
28 April 26, 1990
0
8. DIRECT MANAGER TO EXTEND CONTRACTUAL AGREEMENT WITH FACILITY MANAGEMENT
GROUP (SPECTACOR MANAGEMENT GROUP) FOR MANAGEMENT OF THE JAMES L. KNIGHT
CENTER FOR TWO MONTHS, WITH PROVISOS - DIRECT MANAGER TO RENEGOTIATE
CONTRACT AND BRING BACK FOR COMMISSION'S FINAL APPROVAL - IF
NEGOTIATIONS UNSUCCESSFUL, AUTHORIZE ISSUANCE OF R.F.P.
Commissioner Plummer: Well, OK, the next item, Mr. Mayor, is that the FMG
contract that runs the Knight Center was up April the 15th, and I would ask a
motion at this time authorizing the Manager to extend, on a month to month
basis, the Spectacor agreement, waiving the hundred mile radius set forth in
the agreement and further directing the Manager to renegotiate the contract
with Spectacor for the option period set forth in the contract and bring such
negotiated contract back to the Commission for approval. This is to put them
on a month to month basis for both of our protection of liability. I so move.
Mayor Suarez: So moved. And when do we get to look at the...
Commissioner De Yurre: Second for discussion purposes.
Commissioner Plummer: Sure.
Mayor Suarez: Yes, OK, Commissioner De Yurre.
Commissioner De Yurre: First of all, I'd like to put a time limit on this,
maybe 60 days and that's it.
Commissioner Plummer: That's fine.
Commissioner De Yurre: And also, there is no need to waive at this point in
time the hundred mile radius.
Commissioner Plummer: It is because they've already instituted another
contract within a hundred miles.
Conunissioner De Yurre: I know, but are they functioning with that contract
right now?
Commissioner Plummer: No, they are not, but the contract is signed and would
be in conflict with the present contract they have of which they're asking for
a renewal on a one year option.
Commissioner De Yurre: Well, if the extension - if there's going to be a
conflict with the extension, then there's a conflict with the existing
contract, and they were in violation of the existing contract.
Commissioner Plummer: No, excuse me, let me read it again to you.
Commissioner De Yurre: No hold it, hold it, hold it.
Commissioner Plummer: It is only an extension...
Commissioner De Yurre: I know that. Hold it, J.L. If they have signed a
contract already, then they are in violation of our present contract that
expired April 15th.
Commissioner Alonso: Yes, and they notify the City.
Commissioner Plummer: No, there's no question on that.
Commissioner De Yurre: OK, that's what I'm saying. So what's the big deal
about two more months, you know?
Commissioner Plummer: This gives it the same terms and conditions on a month
to month basis and now you have put in a 60-day max.
Commissioner De Yurre: I'm in accord to extend the existing contract on a
month to month basis for a period of 60-days. That's it, with the same, you
know...
29 April 26, 1990
Commissioner Plummer: Fine.
Mr. Odio: Yes, but then they...
-. Commissioner Plummer: No, you can't.
Mr. Odio: You cannot because they are in breach.
Commissioner De Yurre: Well, they've been doing it. —
Commissioner Plummer: They've already signed with the four...
Commissioner De Yurre: They have been doing it and it's been done.
-e Mr. Odio: No.
Commissioner Plummer: No, they did not do it until their contract expired
April the 15th.
Commissioner De Yurre: Well, when did they sign the contract?
Mr. Odio: What happened is this,, Commissioner. When I went...
Commissioner De Yurre: Hold it, hold it. Let me get something straight.
Mayor Suarez: April 13 is the date that was put in the record. Is that the
correct date when the contract expired?
Mr. Odio: Right.
Commissioner Plummer: Fifteenth, I was told.
Commissioner De Yurre: No, no, but when did they enter into the contract up
in Broward County for the facility that's within the hundred miles?
Vice Mayor Dawkins: They have not.
Commissioner De Yurre: When was that contract entered into?
Commissioner Alonso: They were in effect in...
Commissioner De Yurre: From the City Attorney's office, I want to get an
answer.
Ms. Leiva: I don't have that exact date, but I believe it was several months
ago.
Commissioner De Yurre: Well, we should have the exact date.
Ms. Leiva: That they signed with Broward County?...
Commissioner De Yurre: So, they've been in violation for months already.
Mr. Odio: Yes, yes.
Ms. Leiva: Yes.
Commissioner Alonso: Yes.
Commissioner De Yurre: So the fact that they can be in violation for an extra
60 days don't mean nothing because they've been in violation already.
Commissioner Plummer: Fine, it's...
Mr. Odio: No, no, no, it... excuse me.
Commissioner. Plummer: It's semantics.
Mr. Odio: No, it isn't. They told me when I went to review the extension...
Commissioner Plummer; You didn't listen to him, Mr. Manager.
30 April 26, 1990
Mr. Odio: OK, I'm sorry.
Commissioner Plummer: What he's saying is, they've been in violation and we
didn't do anything, let them continue in violation for another 60-days until
they bring back a contract.
Mr. Odio: No, but this...
Commissioner Plummer: Same thing.
Mr. Odic,: Can we operate without a contract?
Commissioner Alonso: We are.
Commissioner Plummer.: You are on a month to month basis and a maximum of 60-
days.
Commissioner De Yurre: That's fine.
Mr. Odio: But the fact is that we did not find out about their signing the
contract with Ft. Lauderdale...
Commissioner Plummer: Until recently.
Mr. Odio: ...until we went to extend their contract and then they told us
about it, that it's...
Commissioner Plummer: I see no conflict between the two...
Commissioner Alonso: Do you mean they did not notify us? They told me in my
office yesterday...
Mr. Odio: Yes.
Commissioner Alonso: ... that they had notified the City of Miami because i
said...
Mr. Odio: After the fact.
Commissioner Alonso: ...why did you sign another contract...
Commissioner Plummer: They told me that they...
Commissioner Alonso: ...when you knew you had one with the City of Miami and,
at the same time, you went on to sign another contract with Broward County?
Commissioner Plummer: They told me basically, Tony, the same thing that they
had put you on notice. Didn't officially notify you, but put you on notice
that they did.
Mr. Tony Pajares: They put me on notice, Commissioner, that they were
negotiating with the Broward Convention Center, and that they were going to
seek - just like they're seeking Miami Beach and they're seeking the Arena...
Commissioner Plummer: OK.
Mr. Pajares:
But., when they signed it, I don't
know the date they signed it,
they did tell
me that
they were going to bid
for it. They have told me
they're going
to bid
for Miami Beach and several
others.
Mayor Suarez:
Well,
when they put you on notice,
Tony...
Mr. Pajares:
Pardon
me?
Mayor Suarez:
When
they put you on notice, did
you notify the Manager that
this was a breach of
their agreement with us so
the Manager would notify the
Commission?
Mr. Odio: That's not a breach. A breach is the day they signed and they came
in to see me and...
Mayor Suarez: Oh, this is really sophistry of the worst kind. So, you're
saying it's not a breach because at that time they hadn't signed i`, but they =_
did give you formal notice because they only told you verbally. This is
'- great.
Mr. Odio: They said they were trying to get the contract.
Mayor Suarez: And so, therefore, they never breached because they never gave
you what they were supposed to give you, which is notice in writing?
Mr. Pajares: No, Mr. Mayor.
Mr. Odlo: A breach is constitute a breach when they sign the contract and not
before.
Commissioner Plummer: A breach is when they sign with the other.
Mayor Suarez: Which they did and which it constitutes a breach and they
didn't notify you of that. Wow!
Mr. Odi.o: At the moment they signed the contract, they were told that they
were on breach of contract and I refused to sign the extension.
Mayor Suarez: All right, so they never gave you written notice. They just
went off and breached the contract by signing it and I don't know what the
Commission wants to do on it.
Commissioner Plummer: I offered it. If you all don't want to vote on it, I
think it's a way to negotiate a much better contract. That's the only reason
I brought it up.
Commissioner De Yurre: I got no problem going with like the same terms and
conditions for an extra 60-days and that's it.
Commissioner Plummer: That's what I said.
Mayor Suarez: And no specific waiver. It actually ends up constituting an
estoppel is what it..
Commissioner De Yurre: And we retain our rights.
Mr. Pajares: Commissioner, can I ask you if we don't reach an agreement in 60
days?
Vice Mayor Dawkins: Then we get another company.
Commissioner De Yurre: Then we bring it back and we decide to go on an RFP or
whatever we want to do.
Mr. Pajares: OK.
Vice Mayor Dawkins: I mean, hey, that's all you could get from what we're
saying, Tony.
Mayor Suarez: Yes.
Commissioner Alonso: But it has to be waived otherwise it is illegal. The
extension is illegal.
Mr. Pajares: Commissioner, also they have also notified me that they intend
to bid for Miami Beach which would mean an additional breach. Not, just the
Broward. They could be getting other facilities where they could be
breaching, I mean, is this extension on any contract they get now? Any
facility?
Commissioner De Yurre: It may just be that we may be willing to grant them a
waiver as to that facility in Broward County. Maybe this Commission would
feel that way, but certainly maintain the rest of them. If not, then we're
going to be competing with one operator running three or four facilities and
we're not going to be getting the representation we need.
32 April 26, 1990
Commissioner Alonso: Right, and if we give them the waive for this one
facility, also I think it's important that we put an incentive clause,
otherwise, how we have any kind of guarantee that they are not going to go to
Broward rather than here?
Mayor Suarez: Promote the other one.
Commissioner Alonso: pies.
Commissioner Plummer: Remember, they have a ten year contract which was 8
years with two one-year renewable options. That's what they're on now is the
first option.
Mayor Suarez: It's an 8-year contract with two one year renewable.
Commissioner Plummer: Exactly.
Ms. Leiva: Excuse me. If I can clarify it. Right now, they are under an
extension of the original first five years. This second five year extension
called for three consecutive vears and two one year extensions.
Mayor Suarez: Options or extensions? What are you talking about?
Ms. Leiva: Options for extensions of one years.
Mayor Suarez: At whose option? At whose option?
Commissioner Plummer: Mutual.
Ms. Leiva: Mutual.
Mayor Suarez: So that means that it requires both, so it's really, you know,
totally at our option. We could extend or not extend. Does that mean, by the
way, that...
Mr. Pajares: I understand it's the Manager's option to extend It. The
Commission gave authority to the Manager to extend it for two one year terms.
Mayor Suarez: OK...
Ms. Leiva: Let me correct that, at the option of the City.
Mayor Suarez: Thank you. Now, does that mean, Mr. Manager, that you're now
asking us to - by the motion of extension for 60 days, to give you the leave
to extend with the same company, or to go out and look at alternatives,
because I'm getting the feeling here from the Commission that we'd like to
look at other...
Commissioner Plummer: My motion was to renegotiate with this company which is
in the framework of the option.
Mayor Suarez: Why would are we going to renegotiate with a company that is in
breach and that has been there for 8 years and that, in fact, even if they
were not in breach, is in a competitive situation? Why not look at other...
Commissioner Plummer: Well, let me tell. you why I was impressed and why I
offered the motion. When they took over, that place was $800,000 a year in
deficit. This year, they are $80,000 in profit. That's the numbers I was
given, OK? Now, that's what I say, let's go back to that company...
Mayor Suarez: And that's not at all related to the fact that there's a new
30,000 square foot facility there?
Commissioner Plummer: That possibly has something to do with it, yes.
Mayor Suarez: Which, I am sure, they are not paying debt service on. Look,
what I'm saying is, if you're negotiating and you're negotiating with the
whole world of options and alternatives, or are you just negotiating with this
one company?
Commissioner Plummer: At this point, for 60-days, with that company.
33 April 26, 1990
Mayor Suarez: Because if your motion is to negotiate with this one company,
you got one no vote here. I don't see any reason why we would negotiate with
a company that has violated its existing contract and, in fact, will be --
competing whether we waive or not the radius requirement.
Commissioner Plummer: So that the motion is understood, the intent is to
negotiate with this company for 60-days, if the Manager can make a successful
negotiation, bring it back. At the end of that 60-days, if., in fact, he `
cannot get what he feels is a successful negotiation, then go out with an RFP.
That's what I'm saying.
Mayor Suarez: I can't vote for that.
Vice Mayor Dawkins: Still. under discussion?
Mayor Suarez: Yes.
Commissioner Plummer: Sure.
Vice Mayor Dawkins: You know, the problem I have with it is, West Palm Beach
is what? -71 miles. So you go 30 miles beyond West Palm Beach, what have we
got? So now, when we waive the hundred mile radius, now we got all these
facilities that this individual will be operating from here to a hundred
miles. And he's not guaranteeing me - I heard J.L. say the same thing he told
me - we made $80,000. But we made $80,000 because he was only booking events
into one facility. Now, when he become... the company becomes competitive, if
he's going to assure me that I will make no less than $80,000, I got no
problem with it.
Commissioner Plummer: Let me go a step further. My conversation with them
was that I would only vote in the final analysis, for a contract that they got
a percentage of what they produced with a minimal annual guarantee. If they
don't produce, they don't get paid. That's the best damn incentive that I
know of.
Vice Mayor. Dawkins: You didn't say that in the motion.
Commissioner Plummer: Well, I'm saying, that's... I told the Manager that.
That that's what I wanted negotiated.
Mayor Suarez: Now we have a negotiation, but on different terms that would
put them at risk if they didn't produce any...
Commissioner Plummer: If they don't produce, they don't get paid.
Mayor Suarez: I still don't see why we don't look at other companies at the
same time.
Commissioner Plummer: Because of the option, that's all. And their track
record, Mr. Mayor.
Mayor Suarez: It's at our option. That means technically the contract
expires unless we re...
Commissioner Plummer: I like the track record of. $800,000 down to $80,000
profit, that's why I'm going with it.
Mayor Suarez: We put a $3 million dollar facility there though. All right,
we have a motion and a second. I have no problem with the first part of it as
to the extension, we have to apparently do something.
Mr. Pajares: Mr. Mayor, could I just clarify if they go ahead, we're voting
just on the Broward, right? On the Broward facility...
Commissioner Alonso: Yes.
Mr. Pajares: ...is that? What if next week they sign Miami Beach or
something else? Is that also...
Commissioner Plummer: We're talking about 60 days, Tony.
Mr. Pajares: OK.
34 April 26, 1990
Commissioner De Yurre: Well., they're going to be in violation of the lease.
Mayor Suarez: We're not waiving anything. Commissioner De Yurre has stated
that if he understands the motion correctly for him to vote favorably, we're
not waiving formally anything. We're just kind of overlooking it for the
moment.
Commissioner Plummer: May I also interject one other thing that very...
Mayor Suarez: So I wouldn't recommend that they keep breaching it. I'm
sorry, go ahead.
Commissioner Plummer: ...important for the 60 days. Mr. Pajares.
Mr. Pajares: Yes, sir.
Commissioner Plummer: The Broward facility which they are negotiated or have
a contract with is not open until next year. Is that correct?
Mr. Pajares: That's correct, yes, sir.
Commissioner Plummer: So, at this particular time, for the next 60 days,
there is no competing factor?
Mr. Odio: Oh yes there is, the booking starts now.
Commissioner Plummer: I understand that. But you're talking about an open
air... you know, I don't wart to get into that. You don't want it, hey,
listen, I tried. Any company that in a track record takes you from an
$800,000 deficit in 8 years to an $80,000 profit I think is worth considering.
I don't know of another damn company that's operated in this City that has
taken us with that kind of a track record. And if we can continue that
company, to continue that track record, fine. If we can't, then let's go get
another one.
Mayor Suarez: I certainly wouldn't leave them out of consideration in
negotiating....
Commissioner Plummer: I wouldn't either.
Mayor Suarez: Anyhow, we have a. motion and a second. Any discussion? If
not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-316
A MOTION DIRECTING THE MANAGER TO EXTEND THE
CONTRACTUAL AGREEMENT WITH FACILITY MANAGEMENT GROUP
FOR A PERIOD OF TWO MONTHS FOR MANAGEMENT SERVICES FOR
THE MANAGEMENT OF THE JAMES L. KNIGHT CENTER; FURTHER
DIRECTING THE MANAGER TO RENEGOTIATE FOR THE OPTION IN
SAID CONTRACT WITH SPECTACOR, AND BRING IT BACK FOR
THE CITY COMMISSION'S CONSIDERATION IF SAID
RENEGOTIATIONS WERE PROVEN TO BE UNSUCCESSFUL, THE
CITY MANAGER SHALL BE AUTHORIZED TO IMMEDIATELY ISSUE
AN R.F.P. FOR SAID SERVICES.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None.
35
April 26, 1990
11
11
COMMENTS MADE DURING ROIL CALL:
Commissioner Plummer.: No, no, no.
Commissioner Alcnso: No, no, no.
Commissioner Plummer: Yes.
Mayor Suarez: Right, another clay...
--------------------------------------------------------------------------------
9. DISCUSSION CONCERNING REQUEST BY DINNER KEY BOATYARD FOR AN EXTENSION OF
THE MAY 4TH DEADLINE CONCERNING PAYMENT OF ITS TOTAL INDEBTEDNESS TO THE
CITY.
Commissioner Plummer: Mr. Mayor, the final item that I have. I was
approached by the people and Bob Traurig is here from the Dinner Key Boatyard.
I have given them, they are concerned about the deadline that they have been
given of May the 4th to bring up to their complete, total indebtedness to the
City. I have set forth, for my vote, if this Commission wishes to address the
issue, the following conditions to extend it to what was going to be May the
10th, now would be May the 17th. They have, in fact, proffered $100,000
security deposit, that is in the bank, which was stipulated in the lease for
the purposes of assuring the construction to be done. They would release that
amount of money to be addressed to the indebtedness at this time and recreate
that fund at a date no later than the 17th. They also, in my estimation, are
due and owing to the City a total of $557,000, broken down thusly: forty-
seven thousand to reimburse the City for the RFP; forty-five thousand of the
three months of the Merrill -Stevens extension; $405,000 which they offered to
put upfront the day they took over that did not transpire and sixty thousand
is the two months rent that they actually owe the City since they have taken
over. That I have said that if they will come up by the 17th of May with
$557,000, making this City whole, that we will continue to allow them. The
Manager, when I broached the subject to him, made one proviso which I'm
agreeable to, that if they do not make the City whole by May the 17th, they
will vacate the premise with no legal recourse. I would be offering such a
motion at this time, Mr. Mayor, if that is in concurrence with my colleagues.
Mr. Traurig is here representing the applicant - well, excuse me, more than
the applicant, the property holder at the time if he wishes to agree or
disagree on that, that's up to him, but I'll offer that now, Mr. Mayor, in the
form of a motion to proceed along the lines as I have so indicated. If it
gets a second, fine, if not.
Mayor Suarez: So moved.
Commissioner Plummer: For the record, one of the bugaboos that I had, was the
fact that they had offered, in their proposal, as well as Mr. Traurig's
testimony before this Commission, to put the $405,000 up the day they took the
keys. For whatever reason that was not done, and that's in my craw. Because
that was one of the strongest selling points before this Commission. As I
recall, the only proposal that would put their money up the first year's
minimum annual guarantee upfront. We did not collect it. And I'm saying is,
that if they make this City whole, including that $405,000 by May the 17th,
they can continue. If they don't, for whatever reason, they vacate the
property on the 17th without legal recourse.
Mayor Suarez: Is the intention of your motion that for this to be... for us
to be assured of their vacating or. the 17th, that they must now put in the
record a waiver of their rights in the event that they're not ready to...
Commissioner Plummer: Exactly, exactly. By the 17th.
Mayor Suarez: Commissioner De Yurre.
Commissioner De Yurre: No, I'm not.
Commissioner Plummer: Excuse me, just for the record. The reason, Mr. Mayor,
I brought this up today. Their "Amen day", by notice of the City Manager, is
May the 4th.
, p Aril 261990 j
j6 ,
Y
Mayor Suarez: Yes, you're extending 13 days.
Commissioner Plummer: If we do not have another Commission meeting before
that, so I figured by bringing that up today, that maybe we could resolve the
matter here. If they're in concurrence, if my colleagues are in concurrence,
I think it's the best resolution that we r_ould give at. this time.
Mayor Suarez: Are you in a position, Bob, to - on behalf of the client, to
state on the record that they would if we agreed to this extension, waive
their rights as of the 17th, if they haven't complied?
Robert Traurig, Esq.: I'd like to respond this way, Mr. Mayor. We
anticipated that there would be a hearing on this matter on May 17th to
discuss all of the various issues, and we look ,Forward to that so that we can
have a complete, frank discourse with the Commission.
Mayor Suarez: Well, you know, there may be a practical way around all of this
because I guess, as Commissioner De Yurre just pointed out, that what you're
basically saying is, no, you're not waiving all of that in exchange for
getting this promise.
Mr. Traurig: Well, I waned to really make two proposals. One is that we
leave this matter...
Mayor Suarez: You're going to complicate it even further. All right.
Mr. Traurig: ...and all pending matters in abeyance until May 17th, or if you
want a commitment from us, I have discussed this with Mr. Whitmore, and he is
amenable to a commitment on his part and through me for him, that if that full.
payment of whatever is the appropriate amount, is not made by July 1, that
they would...
Commissioner Plummer% July?
Mr. Traurig: Let me explain to you why July 1. It is almost a certainty that
their money will be paid by May 17th, but there is still a slight impediment
to his closing his major real estate transactions in California due to not
having yet received an EPA permit. He has been advised and I have a copy of
the letter that the Corps of Engineers has approved the permit, but it still
required the E.P.A. approval. My understanding is that that approval could
occur tomorrow. But then, from tomorrow until May 17 to close those
transactions may be too brief a period. Consequently, since he is rather
confident that by July 1 that transaction would close, he would take that
drastic step of agreeing with you upfront that he waives his rights to contest
any action to be taken by this Commission in the future; including in
litigation. But to do that by May 17th, he would be...
Mayor Suarez: Well, Bob, here may be the only workable thing that I can think
of unless some Commissioner has another alternative. We don't have a second
on the motion, by the way. If City Attorney were to tell us that to move on
all of the remedies that we have to take over the hundred thousand dollar
deposit and to try to impose whatever other penalties we consider to be a
breach, would take approximately 13 days in any event, from May 4th to the
17th. As a practical matter, all we would be ahead would be a filing of a
complaint. For myself, without us waiving the rights to hold you in total and
absolute default on May 17th, you know, I could see giving instructions to
just give an extra 13 days before he moves and then on the 17th, we'll see
where we are. If that's what the Commission wants to do, but to...
Commissioner Plummer: Let me bring up another point, Mr. Mayor.
Mayor Suarez: To agree to further extensions of timetables, July 1st, based
on some transactions in California, what do they have to do with us? I
don't...
Commissioner Plummer: Well, they do because that's the only source of funds
he has. Now...
Mayor Suarez: We didn't award this thing on the basis of any transaction in
California.
t
37 April 26, 1990
s
Commissioner. Pli:mmer: I understand. But let me j>>st bring up Mr. Whitmore's
own testimony to me yesterday. Assuming that closes today or tomorrow or
Monday, the people who are holding the escrow had guaranteed him an advance of
one million dollars immediately. That was his words to me, Bob. And with
that million dollars, he could adequately cover this obligation to the City.
Mr. T.raurig: May I, on his behalf, say that the City has been extremely fair
throughout this entire process in the negotiations, etcetera. And,
incidentally, I sent a letter with regard to his position to the City and I
think it may have been misunderstood. We had total cooperation from the City
Manager's Office, the Department of Development, and particularly, the City
Attorney's Office, with regard to those negotiations. The length of time that
it took to consummate the negotiations was not because of any deficiency on
the part of staff. But with regard to his position, he has been impeded in
accomplishing some of the objectives that were supposed to be accomplished as
preconditions on his part to taking over, etcetera, because of the
environmental issues and because of some other things. It's not the fault of
the City in any way, the City has always made its position clear. What we're
saying is, that it is a brief period between May 17 and July 1. If that's too
long a period and it should be abbreviated somewhat, then surely it could be
understood. But May 17, Commissioner Plummer, may very well be a sufficient
period of time for him to get the million dollars, pay all these obligations,
etcetera, but he has been disappointed so often in that transaction, that as
recently as about five minutes to 2:00, when he spoke to me, he said, "I
really, this is the first time in my life I haven't been in the position to
accurately predict what my business transactions, how they will play out."
So, I was asking you to consider July 1 because I thought that that was surely
a fixed date, a target date that was achievable.
Commissioner De Yurre: Bob. Let me ask you something, Bob.
Mayor Suarez: OK, this, you know, the financial history of your client is
quite interesting. Commissioner De Yurre, let's get this resolved.
Commissioner De Yurre:
Have you guys been
paid by him? Don't answer. OK?
We haven't been paid by
him. At the very
least, if I'm going to go for any
Ti
extension at all, he has
to give us what we
were making from Merrill -Stevens.
;!
At least, so I'm talking
about like $15,000
per month upfront, current before
}
I can consider voting for any extension in any
way, fashion, or form.
Mr. Traurig: May I suggest you take that hundred thousand dollars and apply
it...
Commissioner Plummer.: Well, excuse me, Mr. De Yurre, just for your
information. The release of that hundred thousand dollars, OK? -would have
included the three months at Merrill -Stevens. Merrill -Stevens, according to
what I have from the administration, never paid him the forty-five thousand
and never paid us the forty-five thousand.
Commissioner De Yurre: Why is that?
Commissioner Plummer: I can't answer that. Can the administration?
Commissioner De Yurre: Who's in charge of these things?
Mr. Odio: Al Armada.
Commissioner De Yurre: OK, where is he?
Mr. Odio: He's not here now because we didn't expect this to come up.
Commissioner De Yurre: Well, who's his boss? Who's his immediate boss?
Let's get him on the mike.
Mr. Odio: No, I had him checking a number.
Corrimissioner De Yurre: Well, I want to know why it is that these things are
happening arid, you know, people are not doing their job.
Commissioner Plummer: The question that I could not answer was, whether or
not Merrill -Stevens were to pay him and then he was to pay us or whether
Merrill -Stevens was to pay us direct.
38 April 26, 1990
A.
Commissioner De Yurre: What's your understanding, Ron?
Mr. Ron Williams: Right.
Commissioner De Yurre: What "bangan". The understanding is, what was
happening? What was the contract with the Boatyard people as far as making
the monthly payments? -and Merrill -Stevens? As far as you know.
Mr. Williams: The contract strictly provides that Dinner Key Boatyard pays
the City.
Commissioner De Yurre: OK, who's supposed to collect that money?
Mr. Williams: We are, the City.
Commissioner De Yurre: OK, who's in the City is in charge of collecting that
money?
Mr. Williams: The office that builds it is my office, GSA.
Commissioner De Yurre: OK, so you're responsible for making sure we collect
that money.
Mr. Williams: Absolutely.
Commissioner De Yurre: Or bringing it to the attention of the administration
that it's not being collected.
Mr. Williams: Absolutely.
Commissioner De Yurre: Was that done?
Mr. Williams: Yes, it was.
Commissioner De Yurre: It was. When was it done?
Mr. Williams: The bill, I believe, went to them on March 28th.
Commissioner De Yurre: And it was due?
Mr. Williams: And it was due technically at - part of it was due at closing
which was February 16th, the forty-seven five was due at closing.
Commissioner De Yurre: What happened then?
Mr. Williams: To my understanding, they did not provide that.
Commissioner De Yurre: But why didn't we demand it from them at that point in
time if it was a requirement for the closing?
Mr. Williams: To my understanding, it was a requirement that it be provided
at the time the contract is consummated. I don't know if there was a common
setting wherein that money was provided. We found out it was not provided at
the time that it was supposed to, that meaning at contract consummation, and
we subsequently billed them for that.
Commissioner De Yurre: OK, now next question, next question. At the closing,
did we have the City Attorney's Office representing us there?
Mr. Odio: Yes.
Commissioner De Yurre: OK, City Attorney's Office, were you present at that
moment?
Mr. Jorge L. Fernandez: I would have to check. Personally, T_ was not. I
believe that either one of two attorneys that I had assigned to this project
would have been, but I need to check.
39 April 26, 1990
Commissioner De Yurre: OK. Well, I want to know if they were there, and I
want to know what their legal opinion is as to whether money should have been
collected right there or not. Because obviously, somebody botched this along
the line.
Mr. Odio: Commissioner, you are right. We did botch that. We made three
mistakes to my mind, and it will never happen again, or somebody will be
accountable for. Number one, I learned, and we all learned, that when
Development negotiated the contract, there was a gap of time before Lease
Management took over. That is the only excuse that Lease Management had, and
there was, at that time, both Development and Lease Management linked to make
sure that we received our money at the time of closing. That's one mistake we
made. The other one was, that we did not notify, we did not bill them at the
moment that we should have on the rental of the Boatyard. And the third
mistake was, that we should have never turned over the key to them, if they
had not paid up as they should have on time. And I don't care if Merrill
Stevens was ready to deliver the property to us, and the Boatyard had to take
it over, we should have taken over the property ourselves and we should not
have turned over the key until they had paid up to date.
Commissioner De Yurre: OK.
Commissioner Plummer: There was a fourth.
Mr. Odio: So they went...There was a fourth mistake...
Commissioner Plummer: The fourth mistake, which is the one that's in my craw.
Mr. Odio: Well. But that was not in the contract.
Commissioner Plummer: Yes. But why wasn't it? We negotiated the contract.
Mr. Odio: Well, the contract...
Commissioner Alonso: For many months.
Commissioner Plummer: They offered in their proposal, $405,000 the day they
took over.
Mr. Odio: The interpretation that through negotiations - and Bob, your
people were there, and our law department too - was that they had agreed that
they would pay up front every month...
Commissioner Plummer: No, no, no...
Mr. Odio: The total lump. That's the interpretation we got.
Commissioner Plummer: I'll get you. Gloria, bring me the minutes.
Commissioner De Yurre: Well, while you are getting the minutes...
Commissioner Plummer: I have Traurig's minutes in which he stated, as clear
as you can get it, "We will pay it up front."
Mayor Suarez: Well, there was a fifth mistake as long as we are adding them
and that's...
Mr. Traurig: I said that, yes.
Commissioner Plummer: You said it ... and we didn't get it.
Mayor Suarez: ... not including the requirement that was in effect, the first
time this went. out for bids, over- a million and a half dollars, cash up front
to guaranty the improvement. I don't know what happened to that requirement,
it seem to have been lost.
Commissioner De Yurre: OK. Now still, before we get in to...
Mayor Suarez: All the other mistakes.
Commissioner De Yurre: ...other things, I want to clear, did Merril! Stevens
pay up every penny that they owed the City?
40 April 26, 1990
Vice Mayor Dawkins: They couldn't if they owe you forty seven thousand.
Mr. Odio: They do not owe us any money.
Commissioner Alonso: What about the forty five... _
Commissioner Plummer: Wait a minute. What about the three months that they
were on the extension?
Mr. Odlo: The contract was with these people, not with Merrill Stevens.
Commissioner Plummer: They, well Merrill Stevens, according to Mr. Whitmore
yesterday, Merrill Stevens never paid them a dime.
Mr. Odio: Our mistake started the day of the closure.
Commissioner De Yurre: Which is not our concern.
Mr. Odio: That is right. It is not.
Commissioner De Yurre: If I understand this correct...
Mayor Suarez: I guess we were looking only to them, but there is an
obligation...
Mr. Odio: I'm only looking to them.
Commissioner Plummer: We are looking to them, but we didn't get it from them
either.
Mayor Suarez: Right. There's ar, obligation from Merrill Stevens to them
presumably.
Commissioner Plummer: That's part of this forty five.
Commissioner De Yurre: OK. Now what does the $100,000, what does the
$100,000 that we are talking about cover? If we were to take it.
Commissioner Plummer: It covers forty seven, five for the REP. It covers
forty five thousand for the three months that Merrill Stevens was there, which
we agreed to fifteen thousand a month.
Mayor Suarez: And that's it, don't get wound up, because it...
Commissioner De Yurre: But that does not include Merrill Stevens' part?
Commissioner Plummer: Yes.
Commissioner De Yurre: No.
Commissioner Plumner: They paid us to what owed us. They should have paid
them forty five thousand for the three months, that's included in the hundred.
Commissioner De Yurre: OK. But what about their part? Should they have been
paying...
Commissioner Plummer: Their part. They owe us thirty three, five a
raonth...They were there...
Commissioner De Yurre: Of which the fifteen was a part of the thirty three.
Commissioner Plummer: No.
Commissioner De Yurre: You sure?
Commissioner Plummer: No. I am positive. I've read it and re -read it. OK?
I am telling you, if they were to give us a check today, what they owe this
City, in my estimation, is $557,000.
Commissioner De Yurre: Including the $405,000.
41 April 26, 1990
Mr. Odio: That's correct.
Commissioner Plummer: That includes the 8405,000 which is not money they are
giving us, it's the first year's minimal annual guaranty.
Commissioner Alonso: And my feeling is, we are not going to get it.
Mr. Bailey: Commissioner.
Commissioner Plummer: What?
Commissioner Alonso: My feeling is, we are not going to get any...
Commissioner Plummer: Then they are out.
Mr. Odio: Then we should take the boatyard back.
Commissioner Alonso: Yes. But we are extending their time.
Commissioner De Yurre: I'll tell you ... but.
Mayor Suarez: Right, my crystal ball tells me the same thing.
Cormnissioner De Yurre: I'll be willing to go on with this if we get the
hundred thousand release, and we start collecting the fifteen thousand, during
what ever extension of time we talk about.
Commissioner Plummer: Well, wait a minute. Their rent, OK, according to the
lease is thirty three, seven fifty a month. That's the minimum monthly
guaranty, which comes out to the four oh five a year.
Commissioner De Yurre: My concern is to at least get what we were getting
with Merrill Stevens, which was thirteen something...
Commissioner Plummer: Fifteen.
Commissioner De Yurre: So I am rounding it off at fifteen.
Mr. Odio: Well, Commissioner, if the City acted in good faith, and obviously
we made three mistakes we should not have made, then why don't we get paid?
Commissioner Plummer: We should never have gave them the key until we got the
money.
?; Mr. Odio: We should paid, or they should return the key.
t
Mayor Suarez: How much time does this Commission want to wait? Commissioner
Alonso is right. We all have our predictions as to whether they will perform
or not, it seems to depend on some deals in California. How much do you want
to wait, you want to wait until the 17th and you want to waive any rights
until the 17th?
Commissioner Alonso: No. I really think May 4th should be it.
Commissioner De Yurre: What did she say?
Mayor Suarez: May 4th, is what Commissioner is indicating, which is...
Mr. Fernandez: Otherwise, she would have a motion on the floor.
Commissioner Alonso: May 4th. What difference is it going to make, 17th,
when the deal is not closed, are they going to have the money? I don't think
SO.
Commissioner De Yurre: Well, let me check with the City Attorney's office
now.
Mr. Fernandez: Yes.
Commissioner De Yurre: If we file a complaint for eviction, in your
estimation, what is the time factors involved in that, as far as regaining the
property?
42 April 26, 1990
.ti
Mr. Fernandez: Well I don't know that it would be...
Mayor Suarez: Would anything be resolved between the 4th and the 17th? Put
it that way.
Commissioner Plummer: Well, you are anticipating there might be legal action?
That they won't be gentlemen and leave on May 4th by virtue of breach of
contract?
Commissioner De Yurre: No. I just want to cover all my bases.
Commissioner Plummer.: I mean, I thought we were dealing with honorable
people.
Commissioner De Yurre: And I'm sure we are.
Mayor Suarez: They are not moving without being asked to move.
Commissioner De Yurre: But everything is open to interpretation.
Mr. Fernandez: There is no court action that can be accomplished from
beginning to end in period of a month.
Commissioner De Yurre: So we can at least... we are getting into June before
with ... on a summary judgement type action that we can get them out.
Mr. Fernandez: If that is perhaps instructions that I get from the City
administration or from you, by way of how to proceed agaltist them. My
understanding is that the Manager has given them until a date certain. I have
to wait until that date, and then at that date, he will communicate with me
and he will ask me to take whatever legal actions.
Mayor Suarez: Assuming everything is the same on May 4th, I mean, you know.
Commissioner De Yurre: OK. So theoretically...
Commissioner Plummer: Isn't it, isn't funny.
Commissioner De Yurre: Hold on. Let me follow something through.
Mayor Suarez: That's what I am trying to follow up on your line of question
to get a simple answer here to...
Mr. Odin: May 4th is the date. After that date, they are on...
Mayor Suarez: That's a date that you have given them, and he is asking the
City Attorney what the proceedings would look like, if we began on May 4th,
right?
Commissioner De Yurre: Now, the way I see it, not much is going to happen or
we are going to be pretty close to July 1, anyway, before we would get them
out. Theoretically speaking.
Mr. Fernandez: Correct.
Commissioner De Yurre: OK. So we could, in theory, commence action and if
they come up with the money by July 1, then we can address the issue at that
point in time, or go ahead and get them out.
Mr. Fernandez: That's one of the many options.
Commissioner De Yurre: So that the option that we have right now is, are we
willing to wait an extra two months without doing anything, just sitting by
waiting for July 1 to come- by, based on what they are suggesting, or we can
say, listen, we are going to start proceedings and if come July 1, which we
will still be in court at that point in time probably, then if you guys got
the money, then we can address the issue at that point.
Commissioner Alonso: Mr.. City Attorney...
Mr. Fernandez: Yes, Ma'am.
43
April 26, 1990
Commissioner Alonso: Are you telling me at that we will have to drag to an
extended period of time with people that have not paid the City of Miami
anything. They did not honor a contract that they signed with us, and we will
have to drag this case for several months?
Mr. Fernandez: Hopefully not. Hopefully, what the City Manager has done
would be sufficient notice for them to vacate the premises. However, if we go
and take possession of the premises and they refuse, we are not in the days of
the old westerns, where we put out our guns and evict them by gunfire. We
then have to take them to court because they have a claim...
Commissioner Alonso: Yes. But I do hope that the contract is clear enough as
to state in a situation like this, we can take over right away and it will be
a very simple case. Is it clear enough?
Mr. Fernandez: I don't have the contract in front of me, Dr. Alonso. I was
not anticipating discussing this issue today, I don't have any documents in
front of me, and for me to speculate on an issue this important, would be
irresponsible.
Commissioner Alonso: I hope that it is very clear. It was discussed for a
long period of time, several months.
Mr. Odio: The contract called for a thirty day notice, and we have done that,
and it expires that date.
Commissioner De Yurre: Let me come up with a motion, let's see if we can move
from the...
Mayor Suarez: Please come up with a motion, the other one was not seconded.
Commissioner De Yurre: No, but it hasn't been seconded, so...
Commissioner Plummer: Mine is dead. I didn't receive a second, I just think
it's ironic as hell, as the only person on this Commission that voted against
him, has to fight like hell to try to get the City's money.
Vice Mayor. Dawkins: You withdrawing your motion? He second it.
Commissioner De Yurre: Well, I'm going to do something pretty close to what
he is saying.
Commissioner Plummer: Nothing to withdraw, I didn't get a second.
Vice Mayor Dawkins: He seconded it.
Commissioner De Yurre: No, I didn't.
Commissioner Plummer: Oh yeh. You did for discussion.
Mayor Suarez: For a discussion.
Commissioner De Yurre: For a discussion. OK, well let me make a substitute
motion then.
Mayor Suarez: He is now withdrawing his second.
Vice Mayor Dawkins: Second for discussion, OK. That's what it is? Let me
discuss it now.
Commissioner De Yurre: OK.
Mayor Suarez: All right. Mr. Vice Mayor.
Vice Mayor Dawkins: You know, we sitting up here, and as J.L. said, I don't
know, we playing games. I don't care who comes in here to develop the
Boatyard. They can't do a thing until DERM (Department of Environmental
Resource Management) tells them the extent of the contamination. OK? And
none of us up here is addressing this, and I don't care if you kick the
present bidder out tomorrow, next week, or next month. Unless this City
demands that DE.RM give us a list of what has to be done to make this land
44 April, 26, 1990
environmentally accepted. I don't care who comes in mere, they will not be
able to get financing to put this project together. So now if you all don't
sit down ... if we, don't address the main issue, there's no point in talking
about the second issue.
Commissioner Plummer: Commission Dawkins...
Vice Mayor Dawkins: Now, whether we say to the federal government, we got
three parcels of land in the City of Miami, that are contaminated and you have
to loan us the money or give us the money from the super fund to make it
safe...
Commissioner Plummer: Don't hold your breath on that.
Vice Mayor Dawkins: ... so that we can build on this land, and the developer
pay you back, but some kind of a way, this Commission has to address those
three parcels of land that we have. Starting with the Civic Center site, with
this site, what's the other one we got?...the one Overtown...
Mr. Odio: Las Palmas.
Commissioner Alonso: Commissioner, but they accepted the contract, as is.
Vice Mayor Dawkins: Yes Ma'am. But if they accepted it as is, and you take
it from him, the next guy will not accept it, he got more sense than him, he's
not going to accept it as is. See, that's my problem Commissioner, that the
next group will know better. Experiencing from his mistakes, and they are not
going to accept it, as is.
Commissioner Plummer: Commissioner, by their own recognizance of Bob coming
before this Commission, asking this, and it was written into the lease, that
we did not prohibit them from going after a third party, namely, i.e. Merrill
Stevens, is acknowledgment on their part of the problem was existing. Section
.92 on page 33 of the lease, says that they have inspected the property, they
know the conditions and they accept it in very clear language, as is.
Vice Mayor Dawkins: OK. But all I'm saying to you is, as is, is fine for
him. But you not ... now if I am in error, correct me. But I hear you
saying, him is not going to be the developer.
Commissioner Plummer: I didn't say that.
Vice Mayor Dawkins: So, as is, is fine for him, but when the next guy comes,
even though, we have found out what's wrong with it, we don't know, I mean we
know something is wrong, and DERM won't tell us what it is, and that's, as is.
I don't think you are going to find another developer, Commissioner, who is
going to come in there and take it, as is.
Conunissioner Plummer: Well, I wish you would tell those twelve people who has
been calling my office daily, that they don't know what, "as is" is because
they sure are waiting, biting at the bit to take over.
Mayor Suarez,: All right. As is, we don't have a motion or anything here, so
why don't we ... thank you...
Commissioner Plummer: Well, in lieu of a motion Mr. Mayor, my understanding
is that then they should vacate on May 4th.
Mr. Traurig: May we at least give you something to consider for a motion?
And that is, that...
Unidentified Speaker: Are you collecting rent now?
Mr. Traurig: No.
Unidentified Speaker: Sure?
Mr. Traurig: I don't think we are.
Commissioner Plummer: Who is collecting from the tenants that are there?
45 April 26, 1990
0
Mr. Odic: Yes, they are. They are in operations, they have not. started ma.jor
constructions, they have clients there that are paying them now.
Mayor Suarez, I hope you are collecting rent, from the tenants who have slips
here.
Mr. Traurig: I don't know. May I suggest this? We will give you, we will
waive, we will release the $100,000 and we will give you a formal agreement
that we will cancel the lease, mutually cancel the lease as of July 1, if we
haven't paid you in full my that date. That should give you the comfort to
know that (a) you have got the $45,000 and fifteen thousand a month for three
months, plus forty seven, five which comes to a total of ninety two, five, so
you have got that covered and in addition to that you have the best of our
worlds, and that is without any litigation, you can get rid of this particular
tenant a of July 1, if we haven't cured all alleged defaults.
Commissioner Plummer: Yes. But on July 1, if you don't pay me, how the hell
am I going to collect almost $700,000 at that time? Where am I going to get
the $700,000? I'm further deeper in debt. It's called sixteen tons.
Mr. Traurig: I have been advised that they have collected some rents.
Commissioner Plummer: Oh, I'm sure they have.
Mr. Traurig: ...which I was unaware of.
Mr. Odio: They are running the Marina.
Commissioner Plummer: They have got boats in the water there.
Mr. Traurig: I was unaware of that.
Mayor Suarez: By the way, what are the mechanics of the collection of the
$100,000? Do we need their approval or can we just appropriate?
Commissioner Plummer: That's in a security deposit.
Mayor. Suarez: What triggers it, Mr. Manager? Mr. Manager, how do we collect
$100,000? Do we even need their acquience?
Commissioner Plummer: We got that.
Mr. Odio: We got the $100,000.
Mayor Suarez: Right. So...
Commissioner Plummer: Wait. That was delineated and extremely clear what
that $100,000 was for.
Mayor Suarez: That's the point Commissioner. That's not any concession if we
already hava the $100,000 and we can appropriate at the moment that they are
in default. Is that what you are saying, mechanically?
Commissioner Plummer: No sir. You cannot. You cannot.
Mayor Suarez: Well, let's clear that up, I see Carlos was saying yes.
Commissioner Plummer: I'm saying to you, that my interpretation of that lease
is, that deposit was only, only for the purposes of...
Mayor Suarez: Would you please let me ask the Manager and staff to see if we
get something other than your interpretation, but hopefully, the correct
answer here. Your interpretation may be correct.
Mr. Herb Bailey: It can be acclaimed in defaultbased on rent. That's one of
the provisions.
Mayor Suarez: Can we appropriate that money forthwith, without their consent?
Is the money in an account that we can just take it?
Mr. Fernandez: My understanding is, that it's a letter of credit...
46 April 26, 1990
Mr. Bailey: It's a CD pledge to the City.
Mr. Fernandez: ...A certificate given to the City.
Mayor Suarez: Can it be activated by our simple request in an affidavit or a
statement to the effect that they are in violation?
Mr. Fernandez: Mr. Mayor, to the extent that, that's a legal question, and
that I do not have the contract In front of me, it would be irresponsible for
me to answer the question without reading it.
Mayor Suarez: All right, you are not sure. Then, the other part of the
question was. Do they not immediately have to redeposit another $100,000?
Mr. Bailey: Within three days.
Mayor Suarez: Within three days. Are you saying that your client is willing
to let us keep the hundred and redeposit another hundred within...
Mr. Traurig: No. I'm not saying that...
Mayor Suarez: I didn't think so. All right.
Mr. Traurig: I'm saying that I will give you the hundred which you can put
into the General Fund and use for operations so that it won't be held in
security deposit fund.
Mayor Suarez: Well it does not sound like we need your consent for that
although it's not clear.
Commissioner Plummer: Just for the record, I'm saying that is not a correct
statement by the administration. It is clear, that money was only for a
security deposit for the purpose of seeing that the construction was completed
and at such time was returned to them with the interest. It is...
Mr. Bailey: Commissioner, may I read you the provision in the contract to
clear that, to clarify this item.
Commissioner Plummer: Yes. Please do.
Mr. Bailey: It's on page 10...
Commissioner Plummer: In reference to the security deposit of $100,000.
Mr. Bailey: Yes. It is. And I'll start in the middle of the paragraph. It
says:
"During the time that the security deposit is held by the
City, in the event of a lessee default including the failure
to base rent as herein after defined, the City may utilize
all or part of such security deposit along accrued interest
to satisfy the sums due to the City. Should any portion of
the security deposit be so utilized by the City, the lessee
upon receipt of written notice from the City, shall
replenish such security deposit to its original amount
within three business days".
Commissioner Plummer: Which security deposit?
Mr. Bailey: That's the only one, $100,000.
Commissioner Plummer: You did not read to me that, what the purpose of that
security deposit was, which is clearly indicated in the lease copy that I
have.
Mr. Bailey: Well, you know.
Commissioner Plummer: What was the purpose of that security deposit?
Mr. Bailey: OK. We can give you the purpose, but the default provision would
be the same.
Commissioner Plummer: It was not. I'll go get my copy.
47 April Zb, 1990
4{{
5
Mayor Suarez: OK. In the meantime, as a way to try to break the stalemate
here...
Mr. Bailey: You don't have to get it, I'll read it to you if you like.
Commissioner Plummer: Please.
Mr. Bailey: Would you like to hear it, Commissioner?
Mayor Suarez: Wait, wait. Let me see if I could solve the stalemate. I hear
Vice Mayor Dawkins say, that one of the things that concerns him, is that if
you were gone by whatever means, you leave voluntarily, we get you out, we
have the problem. First of all, that the DERM or the contamination may
continue, and still has not been solved. Second of all, that we have to go
back possibly, with litigation to re -bid this or, determine if one of the
other parties that bid, is entitled to step in somehow by negotiation in a
fairly short span of time, which is something that we are not used to seeing
around here in these kinds of contracts, and these kinds of bids, and
therefor, we would like to perhaps see some additional time, as long as we get
additional assurances that you will perform. Once again, I can't imagine that
we will have lost anything if, we make that final determination on May 17th,
but for myself, for my vote, Bob, I don't know what's going to happen today.
But if we reach until May 17th and then put it to a vote, if you have not
proven, if you have not cured all the defaults and proven the ability to
perform from that date forward, not July 1st, I'm not interested in July 1st,
I would vote to cancel forthwith and begin litigation and try to re -award it
somebody else. Now if the Commission wants to try to follow that timing,
whether we do it by giving instructions to you to pursue litigation, but you
can take your time until May 17th to file a complaint, or we do it formally by
saying, do not begin until May 17th, simply to see if by any chance, you
client has all these bonanzas that he hopes to have, and is able to comply.
Either way is fine with me, just so...
Vice Mayor Dawkins: I move the Mayor's suggestion.
Mayor Suarez: All right, so moved.
Commissioner Plummer: In other words, you are going to give him until the
17th and then what happens?
Mayor Suarez: Well, we are going to leave up to this Commission to figure out
if we think that he is able to comply and has complied at that time, but
basically he is going to have to pay up everything that is owed. And show
that he has paid it.
Commissioner Plummer: But you are not going to ask him to vacate without
legal redress?
Mayor Suarez: Well, he is not tendering that and if he doesn't tender that as
a waiver, it has no effect.
Commissioner De Yurre: Well, he has tendered it, as of July 1.
Mayor Suarez: No. He wants to do it July 1, and I don't want to wait until
July 1.
Commissioner Plummer: No. You will not get my vote.
Mayor Suarez: All right.
Commissioner Plununer: Tender it now for May 17th and I'll vote for it.
Mayor Suarez: Iie won't, he hasn't done that, so we don't have that before us.
Commissioner Plununer: Well the doesn't want my vote.
Mayor Suarez: All right. So we have a motion. Do we have a second on that
motion...
Commissioner Plummer: The City gave it away before without my vote, they can
do it again without my vote.
48 April 26, 1990
_`"� i
Mayor Suarez: ...If not, I will second that motion.
Commissioner De Yurre: Let's understand the ramifications of this. _
Mayor Suarez: I will second the motion so at least we have a motion and a
second. _
Commissioner. De Yurre: J.L., what happens is that if we have to go to court,
it's going to take until July 1, to get them out.
Commissioner Plummer: But I'm trying to extract right now that we don't have
to go to court.
Mayor Suarez: You haven't been able to do that. _
Commissioner Plummer: On May 17th if he can't live up to what he says, by
God, don't let him get any deeper in debt, let them commit right now that on
the 17th of May, if they have not lived up and made this City whole, bye, bye,
and you agree not to go to court, you walk.
Mayor Suarez: This item would have gone to litigation on May 4th had you not
brought it up today.
Commissioner De Yurre: What about the hundred grand? What about the hundred
grand?
Commissioner Plummer: That's what I am trying to stop. Mr. Mayor I'm trying
to stop litigation, but more importantly I'm trying to collect the money that
due and owing to the City.
Vice Mayor Dawkins: Call the question. I call the question.
Mr. Fernandez: Was there a second?
Mayor Suarez: I second it.
Vice Mayor Dawkins: Yes. The Mayor second. I have made the motion, the
Mayor second it.
Commissioner De Yurre: What's the motion?
Vice Mayor Dawkins: What's the motion, Madam Clerk?
Matty ,Hirai: We wait until May 17th, so that they can come up with the monies
that are owed the City.
Commissioner Plummer: It's what the Mayor proffered.
Mayor Suarez: To show that they have performed up till May 17th, and that
they are able to perform from May 17th on. Otherwise this Commission will...
Commissioner De Yurre: Then what happens May 17th?
Mayor Suarez: We will reconsider the whole thing, and see if they have in
fact performed, or able to perform.
Commissioner De Yurre: Then, we are just delaying what we can do right now.
Commissioner Plummer: Exactly.
Mayor Suarez: That's right, we are going to have a full hearing on this which
was not scheduled to be heard today and hopefully they can show something
then. If they can't...
Vice Mayor Dawkins: All we want to do is vote yes, or no and let's get on to
the next item. I called the question.
Mr. Bailey:Can I make a clarification,
please? It is something in the
contract. If we go on to officially notifying them as of today that we do
intend to seek remedies in case of default, under the contract...
49 April 26, 1990
__ 3
Commissioner Plummer: He has already done that. May the 4th -Is the end of
that notification.
Mr. Bailey: You have already sent them another...
Commissioner Plummer: He has already put them on notice. May 4th is a drop
dead date.
Mr. Bailey: OK. Well this succession then does not...
Commissioner Plummer: Mr. Bailey, this is Mr. Odio. Mr. Odio, this is Mr.
Bailey here.
Mr. Bailey: Mr. Odio. But I'm...
Mayor Suarez: I'm sorry there is no extension, there is no extension. You
have just mis-characterized the motion. Let me clarify that.
Mr. Bailey: That's what I'm trying to get.
Mayor Suarez: There is not extension. All we are saying is do not begin
legal proceedings until you have further gotten this Commission's
consideration of the matter on the 17th. That's all we are saying.
Commissioner Plummer: And all I'm saving is, I think there is a way today to
keep it from going to a legal consideration.
Mr. Fernandez: So then it's very clear, Mr. Mayor, that the Manager is
expected to proceed with demanding possession on the 4th.
Mr. Traurig: No, no. no.
Mr. Fernandez: The only thing that your motion goes is, asking me to delay
going in to court until the 17th.
Mayor Suarez: Well, there was no formal extension but you should not begin
proceedings to evict them, but legal, by court proceedings or otherwise until
May 17th. I don't want to confuse you too much.
Commissioner De Yurre: I'll be willing, let me say, I'll be willing to go
along with that, provided that they release a hundred thousand today.
Mayor Suarez: Isn't that self executing finally after you have
interpreted —we can take...
Commissioner De Yurre: We can take it right now?
Mr. Odio: But within three days, they have to give us another hundred
thousand.
Mayor Suarez: Yes. We don't know if they will do that, but that will be one
of the things that we will check on the 17th.
Commissioner Plummer: They don't have it.
Mr. Odio: Well, another thing they would be in breach of.
Mayor Suarez: That will be another one of the things that we will check on
the 17th.
Commissioner De Yurre: What about the rent that is being taken in right now?
Because we are not getting paid.
Commissioner Alonso: Take the hundred thousand.
Commissioner Plummer: You zilch.
Mr. Odio: 'Zilch. And they are charging rent to the people.
Commissioner Plummer: Sure they are.
50 April 26, 1990
Commissioner De Yurre: Yes. I'll like to see that coming to the City at
least, right now.
Commissioner Plummer: You willing to take $100,000 today in lieu of five
hundred and fifty seven thousand. I...
Mr. Odio: No, Commissioner. Because we take the hundred thousand, three days
later they are due another hundred thousand.
Commissioner Plummer: They don't have the money.
Vice Mayor Dawkins: Where is he going to get it from, where is he going to
get the hundred from?
Commissioner De Yurre: So what you mean we are taking in lieu? We got
nothing in lieu of. All we can do is take the hundred grand right now.
Mayor Suarez: We were willing to let this go to an eviction proceeding on May
4th, until you brought it up. All right.
Commissioner De Yurre: Shake it.
Mayor Suarez: We have a motion and a second, do we not? And we have a
clarification that the $100,000 is forfeited immediately and of course, under
the terms of the contract they must make that up in three days in any event,
so that's another thing.
Commissioner De Yurre: Which we could do any time, is that correct Mr. City
Attorney? The hundred thousand can forfeited at any time without a motion
from us?
Commissioner Plummer: According to them, you got nothing. We can take that
today anyhow. So what difference does it make?
Mr. Fernandez: Again, your City Attorney appreciates being put in a position
of having to give legal opinions without the benefit of the document in front
of him.
Commissioner De Yurre: That's what you get paid for,
Mr. Fernandez: Well, not quite.
Commissioner De Yurre: That's part of it any way.
Mr. Fernandez: I will be more than happy to read the contract and make sure
that all the provisions of the contract are in force pursuant to what the City
Manager and you instruct me to do, that's the best that I can tell you.
Mayor Suarez: In the interest of not having this discussion go from today
until May 17th, please call the roll.
ON MOTION DULY MADE BY VICE MAYOR DAWKINS AND
SECONDED BY MAYOR SUAREZ, THE ABOVE MOTION FAILED BY
THE FOLLOWING VOTE:
AYES: Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner J.L. Plummer, Jr.
Commissioner Miriam Alonso
ABSENT: None,
Mayor Suarez: OK. Thank you.
Commissioner Plummer: Would you like to proffer the 17th, I'll remake my
motion?
Vice Mayor Dawkins: I move we go to the next order on the agenda.
Mayor Suarez: No, no. If Mr. Traurig and or Commissioner...
51 April 26, 1990
0 °
Commissioner Plummer: Give him thirty seconds to...
Mayor Suarez: ...Would like to spend the rest of the day negotiating that,
and bring it back to the Commission when you think you have a deal, please do
so, but otherwise we have to go on to the next item J.L. this is just
ridiculous.
Commissioner Plummer: OK.
Commissioner De Yurre: Just to make one quick motion, that we shall be in
court. I move that we begin eviction proceedings immediately.
Commissioner Aionso: You can't, not until May 4th.
Mr. Odio: We have to buy...
Commissioner Plummer: By contract, you got to give him.
Commissioner De Yurre: I move that May the 4th, if we haven't been made
whole, that we begin eviction proceedings.
Mr. Odio: Yes.
Mayor Suarez: That doesn't have to be moved, because that's what you intend
to do anyhow.
Mr. Odio: No. We already notified them, and we will...
Commissioner De Yurre: Well, you don't need any direction from this
Commission.
Commissioner Alonso: No.
Mr. Odio: No, sir.
Vice Mayor Dawkins: No. None whatsoever.
9
Commissioner Plummer.: I'll like to give them the opportunity to think about
it for half hour.
Mayor Suarez: They have all day to think about it and if you have something
interesting, don't hesitate to bring it back. Item 2.
Commissioner Plummer: Mr. Mayor, I appreciate my three briefs.
Mayor Suarez: Really, really.
10. Continued Discussion) RECONSIDER PRIOR VOTE (M 90-312) WHICH HAD
DIRECTED THE MANAGER TO IDENTIFY ALTERNATE SITE AROUND GIBSON PARK FOR
PROPOSED RECREATIONAL FACILITY IN OVERTOWN TO BE SPONSORED BY THE HEAT
FOUNDATION - RESCHEDULE FOR MAY 17TH MEETING (See label 4). [Note:
Meeting of May 17th was later rescheduled to May 24th.]
Vice Mayor Dawkins: Mr. Mayor, I got one I would like to bring back and re-
visit.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: I would like to re -visit the Gibson Park issue, please.
Mayor Suarez: OK.
Vice Mayor Dawkins: This morning, I mean I talked to Mr. Reginald afterwards,
and according to him, and I'll let him tell you in his own words, they never
intended to take Gibson's name off or anything, and they were really
attempting to do something that would memorialize Father Gibson. So tell us
what it is.
52 April 26, 1990
Mr. Richardson: Well actually, that's exactly right. We had looked at it as
a tribute to Father Gibson. We never intended in any way to take Father
Gibson's name off of anything. As a matter of fact, I put in my budget funds
to do a statue for him, so I just wanted to clarify the fact that if anybody
had voted on the presumption that we were going to take the park or do
something that would not be in honor to Father Gibson, that was totally and
the opposite course that we wanted to sort of go. We had seen this, once we
found out that the site would be Gibson Park as an opportunity for us to
really do something for Father Gibson, and I wanted to clarify that to the
extent that that swayed anybody.
Vice Mayor Dawkins: With that clarification, I move it and with the
speculation that when you do the statue, you must put the neck brace on Father
Gibson.
Mr. Richardson: Yes, sir.
Commissioner Plummer: Mr. Mayor, I will second the motion...
Mayor Suarez: This is a motion to reconsider?
Vice Mayor Dawkins: Yes. A motion to reconsider.
Commissioner Plummer: ...For reconsidertion, but wait a minute, hold on. I
want to stipulate, Reggi, make it clear.
Mr. Richardson: Yes, sir.
Commissioner Plummer: I want at the same time that you are negotiating a
contract with the City Manager, a final contract, that the City Manager
continue to try to find an alternate site. In lieu of him coming back and
telling me there is absolutely no alternate site, then I would vote for the
Gibson Park, because I think the project is worthwhile.
Vice Mayor Dawkins: OK.
Commissioner Plummer: But I want to exhaust every possible avenue of finding
another site. As I said before, I think it would be great for the community
if they wound up with a park and another park. It would even be better. So
if I have the assurances of the administration, that at the time that they are
negotiating with you to a final contract, that they will come back to me and
guaranty to me that they have exhausted every available site in that area, and
cannot, then I will go along.
Mr. Odio: When you say in that area.
Commissioner Plummer: I am stipulating which is considered to be reasonable
in that area, reasonable.
Mr. Richardson: Can I just add a, I think that's a good idea. The only thing
that I would add sir, is that can we put a time limit on that factor? That
would let us...
Commissioner Plummer: Sixty days is fine for me.
Mr. Richardson: Sixty days may be too long.
Vice Mayor Dawkins: Hold it. Commissioner Plummer?
Commissioner Plummer: Sir.
Vice Mayor Dawkins: The City Attorney just informed me that this was a public
hearing this morning and it was closed as a public hearing and therefore,
there is nothing that can be done, but reconsider, so I'll make a motion that
we reconsider this at the next Commission meeting to, and let it be advertised
and come back.
Commissioner Plummer.: Oh, that's fine with me.
Mayor Suarez: Or, wait. We could move to reconsider now and just leave the
question not determined. That would be OK, but I don't think we can have a
-F
j 53 April 26, 1990
r
full determination to go with Gibson Park today, that would be a determination
on the merits where we would need public input again.
Mr. Reginald Richardson: OK. Let me ask you sir, then. When would the next
hearing be?
Commissioner Plummer: Seventeenth.
Mr. Richardson: The seventeenth?
Vice Mayor Dawkins: OK. And I'm going to tell you upfront.
Mr. Richardson: Yes, sir.
Vice Mayor Dawkins: You know, I have been raising hell with you guys, fussing
with you and arguing with you, and I have made some, and all of you know why,
I mean I'm no hypocrite, OK? But before I will sit here and see this park go
to another area, knowing how badly it is needed in that area, I would be
remiss if I were to not fight to see that that area obtain its park. So on
the 17th, I would be fighting with you.
Mr. Richardson: Can we say something about the prior resolution that we had?
We had a prior resolution, no?
Mayor Suarez: I was just thinking about the prior resolution.
Mr. Odio: Yes. That's what I was just asking.
Mayor Suarez: The prior resolution was, I think, was rescinded by the prior
vote, and with this motion to reconsider, it could be understood the prior
resolution is back into effect. But let's clarify, let's clarify that,
because we are not making determination on the merits today, all we are doing
is postponing the final painful decision. In the meantime, hoping that you
don't lose interest in Gibson Park, and the administration doesn't lose it's
interest, and you don't lose your interest in other sites that may end up
giving us two very nice community recreational. facilities. Is that it, the
intent?
Vice Mayor Dawkins: Yes, sir.
Commissioner Plummer: That's understood for my second.
Mayor Suarez: All right.
Mr. Richardson: So, sir, when we come back on the 17th...
Mayor Suarez: You going to take up our entire day?
Mr. Richardson: No sir, just two seconds. When we come back on the 17th, we
will be deciding the actual issue?
Mayor Suarez: Oh, yes, sir. Because if I have to look Don Benjamin one more
time opposing this...
Mr. Richardson: OK.
Vice Mayor Dawkins: Bring the Heats with you, so everybody, so that if we say
yes, they can say yes, and we don't have to go through this no more.
Mr. Richardson: Yes, sir.
Mayor Suarez: All right. So a :notion to reconsider, it sort of bring us back
to where we were before the matter was considered today, but it does not give
you any additional clear instructions that we are going to proceed with Gibson
Park, it just reflects our prior thinking that they may be a viable
alternative, for a lack of a better way to state it. 1
Vice Mayor Dawkins: OK. Right. Call the roll, Mr. Mayor. �
Mayor Suarez: All right.
Vice Mayor Dawkins: For recosideration for the 17th.
54 April 26, 1990
Mayor Suarez: Yes, the City Attorney is still doubtful of that, but I don't
think we are mis-stating anything or giving the wrong impression to the
opposing group. I think we are OK. We are basically just going back to
square one and saying that we are still negotiating with you on Gibson Park
and other sites, and you are welcome to give input to them between now and the
17th on that. Call the roll.
The following motions was introduced by Vice Mayor Dawkins, who moved
their adoption:
MOTION NO. 90-317
A MOTION TO CONSIDER PRIOR VOTE ON MOTION 90-312 WHICH
HAD DIRECTED THE CITY MANAGER TO TRY TO IDENTIFY AN
ALTERNATE SITE AROUND GIBSON PARK FOR THE PROPOSED
LOCATION OF A RECREATIONAL FACILITY PROJECT IN
OVERTOWN TO BE SPONSORED BY THE HEAT FOUNDATION.
MOTION NO. 90-317.1
A MOTION DIRECTING THE CITY MANAGER TO RESCHEDULE THE
ISSUE CONCERNING PROPOSED USE OF GIBSON PARK AS A
POTENTIAL LOCATION IN OVERTOWN FOR A RECREATIONAL
FACILITY TO BE SPONSORED BY THE MIAMI HEAT FOUNDATION
FOR THE MEETING PRESENTLY SCHEDULE FOR MAY 17TH TO
FURTHER EXPLORE SELECTION OF A SITE FOR THIS PROJECT.
[Note: Later on, this same meeting, the City
Commission changed the date of the May 17th meeting to
take place on May 24thj.
Upon being seconded by Commissioner Plummer, the motions were passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Let's hope that it doesn't get through any procedural problems.
Thank you, Mr. Vice Mayor.
Mr. Richardson: Thank you.
55 April 26, 1990
---------------------------------------------------------------------------------
11. (A) GRANT REQUEST TO DONATE SURPLUS POLICE SQUAD CARS TO THE VILLAGE
OF EL PORTAL.
(B) STATE CITY COMMISSION'S POLICY THAT WHENEVER CITY SURPLUS
EQUIPMENT IS AVAILABLE IT MUST BE OFFERED FIRST TO SISTER
CITIES, THEREAFTER TO THE GENERAL PUBLIC.
------------------------------------------------------------------------------
Mayor Suarez: The Chief of Police of El Portal, is he still here? Just out
of courtesy to him. Is there any... Did he have to leave?
Mr. Ron Williams: Yes. Mr. Mayor. He had to leave.
Mayor Suarez: ...Commissioner have any problem in, what is your suggestion...
Commissioner Plummer: I'll move that we make the first two available police
cars available to them on a surplus arrangement especially after I found out
that of the police cars he had, one of them that has been totalled was
totalled by a City of Miami police car in a chase. I think that we owe him a
little bit of an obligation.
Mayor Suarez: I second.
Mayor Suarez: So moved and second. Any discussion? If not, please call the
roll.
Commissioner Plummer: So my motion Mr. Mayor is that we would make the first
two available as quickly as possible. They wanted two.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
Commissioner Plummer: What? Well, there are others available, yes.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-318
A RESOLUTION CLASSIFYING TWO (2) SURPLUS POLICE PATROL
SPECIFICATION CARS AS CATEGORY "A" STOCK, SHOULD SUCH
CARS BECOME AVAILABLE AS SURPLUS CITY STOCK; FURTHER
DONATING THE SAME TO THE VILLAGE OF EL PORTAL,
FLORIDA, SUCH DONATION TO BE VALID AND EFFECTIVE
BETWEEN APRIL 26, 1990 AND APRIL 25, 1991, UPON THE
EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS, SAID
VEHICLES TO BE USED BY THE VILLAGE OF EL PORTAL,
FL•ORIDA, IN ITS EFFORTS TOWARD DETERRING CRIME.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
.OYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: I hope that we get a coherent policy on surplus vehicles and
equipment, so we don't Just what ever City happens to ask for them. Can we
try to develop that and bring it to the Commission at some point?
56 April 26, 1990
Commissioner Plummer: Well, the present policy so you know, is the policy of
this Commission is that sister cities are offered first, if they do not show
an interest, it goes to public auction. I think what you would want to do,
the policy and I'll offer it right now to make it coherent, is that first they _=
be offered to sister cities, if no interest, to other fellow governments or
local governments, and if not, then to public auction, then I would move that
at this time. _
Mayor Suarez: Yes. And as to local governments, there has to be some way of
determining which one, not just sort of whoever happens to show up here. We
have a sort of pending commitment to somebody for a bunch of cars, don't we7 —
Commissioner Plummer: Florida City.
Mr. Williams: Florida City.
Mayor Suarez: Florida City? I mean...
Commissioner Plummer: Yes, but we didn't crash and total one of theirs.
Mayor. Suarez: Well, you know, we could build into the policy, to replace any
that we crash and total, you know, so they get one in this case, you know, E1
Portal. Where is El Portal anyhow? No, I shouldn't ask.
Commissioner Plummer: Miami Shores.
Mayor Suarez: All right, call the roll.
Commissioner Plummer: Matty, you are calling the roll on the new policy of
the Commission.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
140TION NO. 90-318.1
A MOTION INSTITUTING THE POLICY OF THE CITY OF MIAMI
COMMISSION THAT SURPLUS EQUIPMENT WHICH MAY BECOME
AVAILABLE WILL BE OFFERED FIRST, TO SISTER CITIES;
SECOND, TO UNITS OF LOCAL GOVERNMENT WHICH MAY BE IN
NEED; AND THIRD, FOR PUBLIC AUCTION.
Upon being seconded by Commissioner , the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12. DEFER CONSIDERATIO14 OF EXPIRATION OF CITY ATTORNEY'S LEASE AGREEMENT
WITH AMERIFIRST BANK BUILDING FOR OFFICE SPACE.
-------------------------------------------------------------------------------
Mayor Suarez: Item 2. Law Department's Lease Agreement with Amerifirst.
Mr. Fernandez: Yes, Mr. Mayor, this item is again in front of you.
Mayor Suarez: We have just concluded the section of the agenda devoted to
J.L. Plummer. OK.
Commissioner Plummer: The what?
Mayor Suarez: The section of the agenda devoted for J.L. Plummer.
57 April 26, 1990
0
Commissioner Plummer: But I have seen Suarez's agenda and De Yurr.e's agenda.
Mayor Suarez: Are you anticipating there is going to be one... Item 2. Mr.
City Attorney, what are you going to do, are you going to get a freebee there
from somebody or you going to figure out a way not to have to pay rent?
Commissioner De Yurre: Can't we privatize the legal department?
Mr. Fernandez: We are literally out in the str.eots, beginning June 30th of
1991.
Commissioner Plummer: That's great.
Mr. Fernandez: We will become hostage to...
Mayor Suarez: Assuming that Commission Alonso's committee will be ready...
Commissioner Alonso: Yes.
Mayor Suarez: ...One person on the committee will be ready to make some sort.
of recommendation in when?
Commissioner Alonso: I think that the best option as I see, and in reference
to the Administration Building and all the things that are happening, I think
that the one year option, extending the lease for one year will be the best
option as I see it.
Commissioner Plummer: How much?
Commissioner Alonso: Fourteen, thirty three?
Mr. Fernandez: Yes. Fourteen, thirty three. It's being increased...
Commissioner Plummer: Fourteen, thirty three what?
Mr. Fernandez: A square foot.
Commissioner Plummer: How many square feet have you got?
Mr. Fernandez: Sixteen thousand.
Commissioner Plummer: How much money is that?
Mr. Fernandez: I can't do the computation for you, I can tell you that in a
year's time, the lease payment to Amerifirst have been close to $300,000.
Vice Mayor Dawkins: Where is the money?
Commissioner Alonso: Hopefully, in their budget.
Vice Mayor Dawkins: It better be.
Commissioner Plummer: How much is it? You got my calculator.
Vice Mayor Dawkins: Where is the money?
Mr. Fernandez: Where is the money? In the budget.
Vice Mayor Dawkins: You have budgeted that amount of money?
Mr. Fernandez: Yes. Of course we are talking about a straddling the fiscal
year because the lease expires June 30th and the next fiscal year does not
begin. until October 1st like you know, and so for the next three months after
June 30th of course, the money is in the budget. Now the money hopefully will
be in the budget for the next fiscal year.
Commissioner Plummer.: How much is it? Give me my calculator.
Vice Mayor Dawkins: Ah, that's the one, that's the year I'm talking about.
The next fiscal year.
58 April 26, 1990
Commissioner Plummer: How much is it a square foot?
Mr. Fernandez: We are looking at fourteen, thirty three.
Commissioner Alonso: Fourteen, thirty three.
Commissioner Plummer: And how many square feet have you got?
Mr. Fernandez: Sixteen thousand. Now you have to keep in mind that this
houses not only the Law Department but also the Self Insurance operations.
Commissioner Plummer: Two hundred and thirty thousand dollars.
Mr. Fernandez: Yes. And by the way...
Mayor Suarez: How much was it this year?
Vice Mayor Dawkins: No. No, J.L. you got to add the cleaning.
Mr. Fernandez: No. That's including, but what you have to add to that is
parking.
Commissioner Plummer: How much is the parking?
Mr. Fernandez: Altogether, safely, you could assume it would be altogether
like close to $400,000 for the Law Department to be able...
Commissioner Plummer: Are you talking about $170,000 worth of parking?
Mr. Fernandez: No, no. I'm talking about...
Commissioner De Yurre: Yes. Throw in two Cadillacs.
Mr. Fernandez: I'm talking about the flow through. The payment on the lease
is fourteen thirty three but then besides that, you have what's called the
flow through from the department, or from the landlord, and that would be for
cleaning and other charges, and we are looking at an amount being capped at
$16.00 per square foot.
Commissioner Alonso: Do you think they will be willing to go for six months?
Mr. Fernandez: No. They will not. We have already...
Commissioner Alonso: It will be the other option of higher price, or they
will not accept six months at all?
Mr. Fernandez: If we don't go, they will not accept six months at all. The
least they will accept is one year otherwise we are looking at having to pay
on a month to month basis, nineteen fifty a mont.h. And they give us thirty
days notice and we have to be out.
Vice Mayor Dawkins: Or moving, to a cheaper facility.
Mr. Fernandez: Oh, certainly. To which will be more than happy.
Commissioner Plummer: What are we paying at the Dupont Plaza?
Commissioner Alonso: I have it in my office.
Mr. Ron Williams: I believe it's around seventeen Commissioner. I'll have
to...
Commissioner Plummer: Seventeen?
Unidentified Speaker: Yes,
Commissioner Plummer: But that includes parking, so many cars parking?
Mr. Williams: No, no. A minimal amount at Dupont.
Commissioner Plummer: That's a hell of a lot of money!
U
0
Mr. Odio: No. We nay parking. Separate, it's twenty five thousand a year..
Mr. Fernandez: This is very reasonable, the square footage that we are
getting...
Mayor Suarez: All right. One year lease, how much of an increase is it in
your budget from last year? You have given us the figures on the new per
square foot. Have you calculated how much of an increase in your budget it
from last year? How much more are you paying now, with this?
Mr. Fernandez: It will be approximately forty thousand dollars more.
Commissioner Plummer: Ten percent.
Mayor Suarez: OK. And I'm sure you can absorb that in your budget around
October 1st, when we look at your budget, right?
Mr. Fernandez: Well, then October 1st, that will have to be included in the
budget, certainly.
Mayor Suarez: No. If we approve the lease, we are stuck with a one year
commitment.
Mr. Fernandez: Correct.
Mayor Suarez: Now, if you can figure out a way to save forty thousand, you
got to save a lot more than that under our two, three and five percent plan
anyhow, so.
Mr. Fernandez: Well, sir, that, saving monies is, in sense of leasing spaces
is not a function that I can do, all that I can bring to you...
Mayor Suarez: I am just saying that your budget will have to absorb this or
some of the other reductions, like all the rest of the City, we are belt
tightening.
Commissioner Plummer: How much is Gusman Hall?
Mr. Fernandez: It's fine with me.
Commissioner Alonso: Can we defer this for the 17th?
Mr. Fernandez: We have to let them know right away, because they have already
begun showing the space to other...
Commissioner Alonso: Yes. But few days; do you think it will make a
difference, the 17th?
Mr. Fernandez: No. It certainly wouldn't. My only concern to you is that I
keep you appraised as to what's happening. I have no vested interest in this
other than I have to provide for my department of eighty four people.
Mayor Suarez: Well, you have to provide continuity. If we had a
recommendation to act on as early as June, from Commissioner Alonso, and if we
acted expeditiously, the quickest we would ever be into a new facility, would
be a year. You are going to need at least a year.
Mr. Fernandez: Correct.
Mayor Suarez: Besides which, you are going to need...
Commissioner Alonso: That's why I suggested a year.
Mayor Suarez: Right.
Commissioner Plummer: Mr. Mayor, let me make a suggestion here. I mean, you
know, all kidding aside, $400,000 for just that.. You know, any deficit
subsidy, we got to make up in Gusman Hall.
Mayor Suarez: Why aren't we using Olympia, why aren't we fixing up Olympia.?
60 April 26, 1990
Commissioner Piummer: Why aren't we ,just usingg i.t unt..l. this Committee has
made its mind?
Mayor Suarez: Yes. I hope the Committee will look at that at least on an
interim basis.
Commissioner Plummer: I mean, if according to the Manager, Gusman Hall....
Mayor Suarez: The Olympia building,..
Commissioner Plummer: The Olympia building is only half full. OK?
Mr. Fernandez: Yes. But Mr. Commissioner...
Commissioner Plummer: Wait a minute. Any deficit that they don't. make in the
Off -Street Parking Authority, we got to pay.
Mayor Suarez: Yes.
Mr. Fernandez: And that's correct to. However, to get the Olympia Building
in a position where you would have your Law Department housed in, it would be
a question of time, how long would it take and secondly, how much money would
it take to bring it up to par. We have no objection going wherever you want
us to go.
Vice Mayor Dawkins: How much we would spend, not how much it would cost.
Commissioner Plummer: Not what you consider, it's how much we would spend,
like Commissioner Dawkins says.
Mr. Fernandez: Correct. That's right.
Commissioner Plummer: But I'm saying to you, that on an interim basis,
basically we are going to put you there for nothing, because we are having to
pay the subsidy whether it's occupied or not.
Mr. Fernandez: Correct.
Commissioner Plummer: And if we spend that money there, he'll, you are still
on Flagler Street, you are still downtown.
Mr. Fernandez: We have no problem with that, but. what I am telling you is
that, if you decide today to put us there, it would be the better part of six
months to a year before that becomes habitable for us to be able to move in.
Commissioner Plummer: Mr. Manager, is that a, in your estimation, it would
take six months to a year to make that place habitable? I'll move this matter
be... when is your lease up?
Commissioner Alonso: June 30th.
Mr. Fernandez: June 30th.
Commissioner Plummer: I'll make a motion that this be deferred, I got to
believe that we can save $400,000.
Commissioner Alonso: Let's defer this until the 17th.
Commissioner Plummer: And find out what's happening at Gusman Hall. It might
not be a palace, but hopefully, we are going to do something about it.
Mayor Suarez: Olympia, Olympia. Because it's confusing to keep calling it
Gusman.
Commissioner Plummer: Olympia. I'm sorry. Hell, we paid, how much subsidy
did we pay last year? Mr. Manager, how much subsidy did we pay to the Olympia
Building last year?
Mr. Odio: One hundred and fifty thousand which I'm telling...
Commissioner Plunaner: Sever, hundred and fifty thousand.
61 April 26, 1990
Mr. Odio: No, no, One fifty.
Commissioner Plummer: One hundred and fifty thousand, and half of it is
empty.
Mr. Odio: Well, let me throw another offer, maybe it would be best. We have
the Watson Building which we have not been able to, and I have been talking to
Jorge about it. We would take $290,000 to put in good condition, and it's got
enough square footage to take him.
Commissioner. Plummer: What would you do to a building for $290,000 to make it
in good condition?
Mr. Odio: Among the things that we...
Commissioner Plummer: They moved out of there.
Mr. Odio: No sir, they didn't. It was the treasury. They moved out of the
Olympia Building, then to the Dupont Building.
Mr. Fernandez: And we have moved out of Watson too, like fifteen, twenty
years ago.
Mr. Odio: You got an asbestos problem to start with in that building, which
we have to clean out.
Vice Mayor Dawkins: In what building?
Mr. Odio: In the Watson.
Commissioner Plummer: That's why I say, look at the Olympia Building.
Eliminate the subsidy, save $400,000.
Vice Mayor Dawkins: How is the EPA allowing the City of Miami to have a
building that's known to have asbestos in it and we have not removed the
asbestos?
Mr. Odio: Because we are not using the building for that reason.
Vice Mayor Dawkins: Oh, you have to be using the building before they may you
take the asbestos out?
Mr. Odio: Yes, sir.
Mr. Fernandez: Mr. Mayor and Commissioners. I understand that the City's
situation, the financial situation and the space situation are crucial, but my
plea to you is that it would be unfair to the Law Department, a department
that need to sense stability. We have books, we have computers. We cannot be
in the process of moving or being thrown out on our, you know what, within
thirty days. We are looking for stability. I believe that one year stability
in the same place we are, at the rates they are offering us, is very
reasonable. I would beg of you to consider giving us that. We will be more
than happy to move anyplace, Watson, Olympia, wherever you want us to move,
but the reasonableness and the time involved, we need that type of stability.
I've been coming to you for the last year almost on a monthly basis, advising
you of this. I have no preference other than just providing the attorneys and
the claims people a place to work, with relative comfort, and stability.
Mayor Suarez: Actually, the, I think your department moved out the Olympia
building a long time ago, precisely for the reasons you stated.
Mr. Fernandez: Exactly.
Mayor Suarez: But we have a motion to defer. Haw does that affect you to
just wait until, when is it Commissioner that you want to wait until?
Commissioner Alonso: The 17th.
Mayor Suarez: Maybe by that time the Committee will also have some
recommendation on the interim.
62 April 26, 1990
i
Commissioner Plummer: Well, worse that. can heppen is, that if we don't
agree... if we agree, he just signs the contract.
Mr. Fernandez: Correct.
Commissioner Plummer: If we don't agree, then that's where we will be in an
emergency situation.
Commissioner Alonso: Then we will have an alternative location for them.
Commissioner Plummer: That's fine, that's fine.
Commissioner Alonso: Yes.
Mr. Fernandez: I have no problem.
Mayor Suarez: Because we have a motion to defer and we really should be
voting on these, I would be prepared to vote for you one year.
Commissioner Plummer: And especially in place, when Commissioners go to visit
that parking is paid for, in full. I'll say nothing else.
Mayor Suarez: Let me just say, Mr. City Attorney...
Mr. Fernandez: Yes, sir.
Mayor Suarez: I'd be ready to vote on your one year lease because I think you
do nerd that continuity and stability, but I also have a motion to defer and a
second, and it's proper to vote on that, so. If you...
Mr. Fernandez: Well, I will beg all the Commissioners to reconsider that
motion to defer.
Mayor Suarez: Well, that's the motion pending at this point.
Mr. Fernandez: That's right.
Mayor Suarez: If anybody wants to reconsider that's fine, if not, we're going
to vote on it. OK. lie have a motion and a second. Any discussion? If not,
please call the roll. Wait. I'm sorry.
Mr. Fernandez: I told them tomorrow... that I will let them know.
Commissioner Plummer: Manana never comes. Manana will be May the 18th.
Commissioner De Yurre: We are deferring to what, the 17th?
Commissioner Alonso: Yes.
Commissioner De Yurre: Will you tell them that Manana is May 17th.
Mr. Fernandez: I have no problem with doing that.
Mayor Suarez: Call the roll, thank you.
Commissioner Plummer: Manana is May 18th.
Mayor Suarez: Thank you.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER ALONSO, THE ABOVE ITEM WAS
DEFERRED TO THE MAY, 1990, COMMISSION MEETING, BY THE
FOLLOWING- VOTE:
63 April 26, 1990
AYES: Commissioner Victor De Yurre
Commissioner. J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None. —
ABSENT: None.
-------------------------------------------------------------------------------
13. EMERGENCY ORDINANCE: AMEND 10642 - INCREASE APPROPRIATIONS FOR CATEGORY
III "LITTLE HAVANA LAND ACQUISITION" (PROJECT 321038) - $1,500,000 FROM
MUNICIPAL SHOP PROPERTY SALE AND $300,000 FROM STATE OF FLORIDA ECONOMIC `
DEVELOPMENT GRANT (See label 14B)
-------------------------------------------------------------------------------
Mayor Suarez: Item 3. Emergency Ordinance. Capital Improvements
Appropriation Ordinance in the amount of one eight...
Mr. Odio: This is the Latin Center, Latin Quarter monies that we did not pass
the ordinance at the last meeting.
Mayor Suarez: OK. I thought we had, I guess we didn't. All. right, I'll
entertain a motion on this?
Commissioner Plummer: Move it.
Mayor Suarez: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Second. Any discussion? If not, please read the Ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10642, ADOPTED SEPTEMBER 28, 1989, AS AMENDED, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY
INCREASING THE APPROPRIATION FOR CATEGORY III PROJECT
"LITTLE HAVANA LAND ACQUISITION", PROJECT NO. 321038,
TO THE AMOUNT OF $1,800,000 WITH REVENUES FOR SAID
PROJECT IN THE FORM OF $1,500,000 PROCEEDS FROM
MUNICIPAL SHOP PROPERTY SALE AND $300,000 FROM A STATE
OF FLORIDA ECONOMIC DEVELOPMENT GRANT, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso, 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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller. J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
64 April 26, 1990
10
AYES: Commissioner. Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10725.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Comrnission and
to the public.
14. (A) FIRST READING ORDINANCE: AUTHORIZE ISSUANCE, SUBJECT TO
ELECTION, OF $30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT
BONDS - CALL ON ELECTION FOR SEPTEMBER 4, 1990.
(B) (Continued Discussion) CONCERNING INCREASE IN APPROPRIATIONS
FOR CATEGORY III "LITTLE HAVANA LAND ACQUISITION" (See label.
13).
-------------------------------------------------------------------------------
Mayor Suarez: Item 4.
Commissioner Plummer: Move it.
Mayor Suarez: First reading.
Vice Mayor Dawkins: You know, but, Mr. Mayor.
Mayor Suarez: Commissioner?
Vice Mayor Dawkins: Where is the money - I hate to do this. Where is the
money from the Municipal Shop Property sales. Where is it? In what account?
Mayor Suarez: Yes. I had asked about that last time, I am glad you...
Mr. Eduardo Rodriguez: What bank account?
Mayor Suarez: Yes, sir.
Vice Mayor Dawkins: What object code is it in? I don't care what bank it's
in. But we spend money by object codes, we don't spend it by banks.
Mr. Rodriguez: OK. I understand. It's in the account 321038.
Vice Mayor Dawkins: And that is, what account?
Mr. Rodriguez: It's Little Havana Land Acquisition.
Vice Mayor Dawkins: Land Acquisition?
Mr. Rodriguez: Yes.
Vice Mayor Dawkins: 'That's an account set up all by itself?
Mr. Rodriguez: By itself...
Vice Mayor Dawkins: OK.
Mr. Rodriguez: As you want. it.
Vice Mayor Dawkins: No, no.
Mr. Rodriguez: No?
Vice Mayor Dawkins: See. OK, a rni.nute. I'll ask the question again. I'll
ask it this way so we will get the right answer. How much money did we
-" receive for the sale of the shop property? Total amount received.
65 April 26, 1990
Mr. Rodriguez: Three million dollars.
Vice Mayor Dawkins: Three million dollars.
Mr. Rodriguez: That's correct.
Vice Mayor Dawkins: Now. What account is that in?
Mayor Suarez: I thought we sold it for four, how come we only got three?
Mr. Odio: We didn't have the last million, it's at the end of the transaction
when we move out.
Mayor Suarez: All right. So we have got three out of four then?
Mayor Suarez: The other million that I have, I believe is in the fund balance
that was frozen of the 6 million.
Vice Mayor Dawkins: In the fund balance, OK?
Mr. Odio: With the 6 million dollars, we got frozen. We have 3 million...
Vice Mayor Dawkins: So, if the 3 million is in the fund balance...
Mr. Odio: No. Excuse me, Commissioner. Because I am using my, I believe
some of those monies were used to buy some properties, the yellow brick houses
or something in the N.F. I have to get a breakdown on that.
Vice Mayor Dawkins: All right. OK.
Mr. Odio: The only million I had was distributed somewhere else, I don't
remember.
Vice Mayor Dawkins: OK. All I reed to know from you is, like you said, a
million and a half was used to acquire property. So many dollars was given to
that tools for change, OK? So now where is the money, so I could, see, you
all telling me, see, I'm not going to get caught up here like I've been caught
up here before, where we tell people we got money, and then when the people
come, I don't see the money.
Commissioner Plummer: What's the balance? Where is the two and a half
million to replace the facility?
Mr. Odio: Just a minute, one question at a time, please.
Commissioner Plummer: OK. I didn't know I had a Manager with a one track
mind.
Mr. Garcia: With the three million dollars we have received, they went into
the Property and Lease Management fund.
Commissioner Plummer: OK.
Mayor Suarez: The Property and Lease Management fund.
Mr. Garcia: Right.
Mayor Suarez: What is that supposed to cover, Carlos?
Mr. Garcia: That's where most of the collections related to Property and
Lease Management come in to like, the Monty Trainer's Property, and so forth.
And from there, half a million dollars went to capital projects. Right.
And...
Mayor Suarez: How much was put to maintain the 6 million dollar reserve fund
that we require by ordinance?
Mr. Garcia: I believe it was two and a half million dollars was transferred
to the General Fund.
66 April 26, 1990
Commissioner Plummer: Where is the two and a half million to replace the
facility that we sold?
Mr. Odio: The facility by the way is, we are using other funds where it is
going to cost as of now, I believe the budget is $950,000 we went to do it for
that kind of money.
Commissioner Plummer: What happen to the figure of two and a half million
dollars?
Mr. Odio: We saved it. That's why we did it...
Commissioner Plummer: We saved it.
Mr. Odio: We are doing the building is going to be cheaper than what we
projected the two and a half.
Vice Mayor Dawkins: Well, if you saved it, what account is it in?
Mr. Odio: It's in the fund balance Commissioner. And you froze the f and
balance to 6 million dollars and we haven't touched that, and we cannot touch
that.
Mayor Suarez: I.et me clarify then for the maker of the motion that led to
that ordinance. Commissioner Alonso, is it your intention or was it your
intention and for the future, is it your intention so that we can give
specific instructions to the Manager, that the 6 million dollars of the
General Fund balance, general operating fund balance, for the lack of a better
term, include some of these land sales where we specifically say we are going
to take the money and use it for another capital acquisition or not?
Commissioner Alonso: Not at all. Because we specifically stated that in
order to take any money out of that account, we needed to come to the City
Commission and get a four fifths vote in order to get the approval in an
emergency action only. That was very clearly stated in my...
Mr. Odio: That's what we did. We put it in, we haven't taken it out.
Mayor Suarez: Well, but the idea is, to maintain 6 million, if you put it in,
it has some day to be taken out and then your contra...
Commissioner Alonso: Well, No. Then they will come to us and I will
certainly say no. Don't take any money that is in, it stays there.
Mayor Suarez: And at this point...
Commissioner Alonso: So I hope it's not there.
Mayor Suarez: Are we not in that situation, aren't you asking us in effect to
take it out of the General Fund balance?
Mr. Odio: No. This money is not in the fund balance, at all. The million
and a half is in that account that he ,just mentioned and has nothing to do
with the fund balance, at all.
Mayor Suarez: And where did, and how did that account come into being now?
Mr. Odio: We had a three million dollar deal, a million and a half was
separated for the. Latin Quarter as in order. The other balance was left off,
where we had to do, give $500,000 to somebody else out in the Northeast Tools
for Change or whatever, and the balance was to be left for the rebuilding of
the facility. And that's what we...
Mayor. Suarez: But I thought you got three million in cash from the sale...
Mr. Odio: Yes.
Mayor Suarez: and two and a half million of that; went into the General
Fund balance.
Mr. Odio: No, it cannot go, because you only have three million, and we have
a million and a half.
67 April 26, 1990
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Mayor Suarez: That's why I'm asking, it doesn't sound like it adds up.
_ Mr.. Odic: We have not received the last million as of now. We will receive
it when we move out. =—
Mayor Suarez: That makes it four, the last million makes it four. Carlos,
may be you can explain the flow of the money here. Three million were
received from Miami Dade Community College for the sale of that land.
Mr. Garcia: There is still a million pending as the Manager said.
Mayor Suarez: We understand that, but that three million, where did that go?
To what account earmarked, or titled what?
Mr. Odio: Half a million dollars went to the Municipal Shop, which now we are
using for this land acquisition,. We are taking the money from there to use it
for land acquisition.
Mayor Suarez: The other two and a half million went into the general reserve?
Mr. Garcia: They went to the General Fund, not; necessarily to a general
reserve. You could say, you know, a lot of different monies go into the
General Fund, as you well know. And we are saying, of that, of the...
Mayor Suarez: So to comply with the ordinance that was passed by this
Commission at the suggestion Commissioner Alonso, what you have to make sure,
is that you have at all times, more than six million?
Mr. Garcia: That is correct. Yes.
Mayor Suarez: You just have like an automatic trigger, if that ever happens?
Mr. Garcia: We have that money reserved in a separate account.
Mayor Suarez: Is it understood that when we sell City land and specify that
we want the monies used for another capital project, that it is not supposed
to go into that account? That it is not supposed to be used to maintain the
six million dollars minimum reserve in our general operating fund. Is that
now understood?
Mr. Garcia: That has nothing to do with this.
Mayor Suarez: Well, except the one in there for the two and a half million.
Mr. Odio: Even though, I would like you to reconsider for the future, that if
do sell any more assets, that they are put, in the fund balance, and that they
are not touched. And that what you should touch...
Mayor Suarez: Oh. I think for myself I want it to be put in to a capital
fund balance to be used for capital projects, which is what I thought we were
doing at the time.
Mr. Odio: No. We have never...
Mayor Suarez: Not the general operating fund balance.
Mr. Odio: We have never legislated that. What we should do is create a super
fund balance, or fund balance and keep it there and use the interest, and
don't touch the main, the principal.
Mayor Suarez: You have got and ordinance that says, you cannot ever go below
six million dollars in the general operating fund balance.
Mr. Odio: Yes. I do know that very well, believe me.
Mayor Suarez: Right. In this particular case, monies that were obtained from
a capital sale, from sale of capital assets, went into that.
Mr. Odio: Not necessarily. As he tells you, that r,oney...
Mayor Suarez: Into the General Fund, as Carlos just testified. All right.
68 April 26, 1990
Mr. Odio: We will keep six million dollars frozen there at all times that we
cannot touch.
Commissioner Plummer: How much is there today?
Mr. Garcia: Where Commissioner?
Commissioner Plummer: How much is in that fund balance today?
Mr. Garcia: The fund balance is a constantly changing figure. As you know we
collect our revenues in the beginning of the year and we...
Mayor Suarez: That's why he asked today.
Commissioner Plummer: I asked as of....
Mr. Garcia: Right. 1 think we have about $14,000,000 according to the last
report that I...But that's a constantly changing amount.
Mayor Suarez: OR. But it never can go below six million?
Mr. Garcia: That's...
Mr. Odio: Believe me, it will not go below six million, and we are sweating
it out to keep the cash flow going here.
Mayor Suarez: All right. That's the intent of that motion. If you have to
# mechanically come up with a different system, Commissioner Alonso, I suggest
'• that you keep looking at that because they, you know, it's a variable sum of
money and has variable uses and it's frustrating. Anyhow. As to item 3, we
have a motion and a second. And we have read the ordinance, have we not Mr.
j City Attorney?
Mr. Fernandez: Yes. We have. And passed it also.
Mayor Suarez: And passed it. All right. Thank you.
Commissioner Plummer: No. I moved item 4 already.
Mayor Suarez: Item 4. Oh, that's where it all began. Thirty million dollars.
Why $30,000,000?
Mr. Luis Prieto: We had estimated originally fifty sir, we can live with
thirty right now.
Mayor Suarez: You remind me of my wife, who went out and told me she was
going to buy a $500.00 lamp and I said, absolutely no way. She said, well, I
got a reduction of $250.00.
Mr. Prieto: Yes sir. We need fifty.
Mayor Suarez: You initially proposed fifty. Who cares what you initially
proposed! Why thirty million, doctor? How do we expect to convince the
voters of the City of Miami that they should approve a thirty million general
bond issue, if your answer is, that we initially proposed fifty?
Commissioner Plummer: Because he needs a lamp.
Commissioner Alonso: He forgot what happened in September '88, how they say
no.
Mayor Suarez: Right.
Mr. Prieto: Because...
Mayor Suarez: They have been kind of, generally negative, as I guess you
gather. You weren't here but they shot these down...
Commissioner Plummer: Well...
69 April 26, 1990
Mayor Suarez: ... and you are a hell of a nice gtiy, but I don't know that,
because of that they going to vote for it. So how do you propose that we tell
them, that it's got to be thirty million and not twenty, or fifteen or
something that is less of an imposition on?
Mr. Prieto: Because every year, sir, we have eleven miles that have to be
totally rebuilt... �-
Commissioner Plummer: Show him the potholes,
Commissioner Alonso: I thought we had none, according to the Mayor and the
Herald.
Commissioner Plummer: If we got a pothole Mayor.
Mr. Prieto: .. and we have thirty five miles that have to be totally
resurfaced. Every year that we postpone it, it just builds up the backlog of -
the streets that need to be rebuilt.
Mayor Suarez: All right, and how much does that cost, just the resurfacing of
the streets? On a yearly basis?
Mr. Prieto: Resurfacing...
Commissioner Plummer: Twenty nine million, nine hundred and ninety nine
thousand dollars.
Mr. Prieto: OK. Resurfacing cost around $40,000 a mile.
Mayor Suarez: A mile? But, no, I mean a year now. You giving to me per
year, don't confuse it.
Mr. Prieto: Per year?
Mayor Suarez: Right.
Mr. Prieto: And each...
Mayor Suarez: No. Per mile. How much is it typically per year. You gave us
a figure of how many miles per year, you gave us a figure of how much per
mile, now give us how much per year. What does it add up to? You are good in
math, as we know.
Mr. Prieto: We basically, let's take it with a step. Rebuilding cost
$750,000 per mile...
Mayor Suarez: Resurfacing.
Mr. Prieto: ...And we want eleven miles, so we are looking at a total here
of...
Mayor Suarez: Four hundred and some thousand?
Mr. Prieto:... Three years, so we are looking at twenty four million five
hundred thousand for this program. In resurfacing, it's costing us around...
Mayor Suarez: }iow many years, I'm sorry?
Mr. Prieto: Three years of rebuilding. And we want...
Mayor Suarez: And that adds up to how much?
Mr. Prieto: Twenty four million, five hundred thousand.
Mayor Suarez: Of the $30,000,000 you are saying that —No, no., no. You got
some new construction on there. I know, I saw the figures.
Mr. Prieto: It's rebuilding.
Mayor Suarez: I just want to know the resurfacing. How much is the
resurfacing?
70 April 26, 1990
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Mr. Prieto: Or, resurfacing is $40,000 per mile, we are looking at a hundred
and...
Mayor Suarez: Give it to me per year if you can, on the basis of the
estimates that you have of how many miles per year have to be resurfaced. You
have that.
Mr. Prieto: OK. We are resurfacing thirty five miles per year. We are
looking at doing about a hundred and thirty miles of resurfacing, and that's
approximately, I think, I put down the figure...
Mayor Suarez: Five million dollars?
Mr. Prieto: Five, five and a half million dollars.
Mayor Suarez: All right. So a big chunk of the thirty has got to be new
construction. That's what you are saying?
Mr. Prieto: Yes. It does.
Mayor Suarez: All. right. That's why I want to try to figure out where that
has to be. Resurfacing, we understand that your estimates are going to have
to be the ones we are going have to accept, there is no other way to deal with
it that I am aware of, I am not an expert on resurfacing.
Mr. Prieto: Right.
i Mayor Suarez: Although I, occasionally been called a pothole Mayor and all
that. What about new construction here, where are we, how are we going to
Justify, where are these roads going to be built and based on what estimates.
And why do we have to spend $25,000,000 for that?
Mr. Prieto: Well basically, we have a list, I'll give you a list each. I
expected this question.
Mayor Suarez: You gave us the old documentation to support the $30,000,000.
Is there any way Mr. Manager, where it says here, petition submitted by home
owners for local street improvements in the City of Miami. Is there any way
that you know of to communicate with those particular home owners, that in
fact this bond issue is to solve their, the problems as they have petitioned.
Mr. Odio: If you approve putting it the ballot, we plan to this time, to go
neighborhood by neighborhood and say, "Did you ask us for this7 We need you
to come out and support this.
Mayor Suarez: So that they see that, you know,
Mr. Odio: Yes. That we are doing what they ask.
Mayor Suarez: ...in other words the wording is because of the petitions in
your neighborhood...
Mr. Odio: Right.
Mayor Suarez: We have now a bond issue that includes your neighborhood to the
tune of "X" amount. You think there is a way to do that?
Mr. Odio: Yes, yes. We have to do that. We also have video tapes of the
recently...
Mr. Prieto: Yes, flooding.
Mr. Odio: ...floodings that we had to remind them.
Mayor Suarez: Well, is there any way to have a specific mail out, that a
neighborhood only gets...
Mr. Odio: Yes. We can do that and I think, we probably use the Fire
Department to, or the...
Mayor Suarez: To do mail_ drops?
71 April 26, 1990
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Mr. Odio: ...Solid waste people to deliver to mail drops.
Mayor Suarez: And you can have specific mail sent to the different
neighborhoods?
Mr. Odio: Yes, we can. Informational mail.
Mayor Suarez: Yes. It won't be propaganda, we know, it's information.
Mr. Odio: In what we are going to do with this money, what you can expect in
your neighborhood from these monies. That, we were planning that this
morning, as a matter fact, and to use video tapes where we can, to show what's
happened.
Commissioner Plum-ner: Let me ask a question.
Mr. Prieto: Yes sir.
Commissioner Plummer: Is this September 4th date, the same time that Metro's
putting their amendments on?
Mr. Prieto: No. They are going for November, that's why we want September.
Commissioner Plummer: OK, OK.
Mr. Prieto: Precisely.
�± Commissioner Alonso: Because you know they are going to be defeated in
November.
Commissioner De Yurre: Let me ask a couple of questions. How much money do
we have right now to fix or resurface streets?
Mr. Prieto: Zero sir. We are totally...
Commissioner De Yurre: Zero. How long have we been in that situation?
Mr. Prieto: Two months.
Commissioner De Yurre: Two months. I read a quote in the paper, saying that
if this bond issue didn't pass, that the whole department would be sitting
around doing nothing.
Mr. Prieto: No sir. That was a misquote. Basically...
Commissioner Plummer: That's what they do now, I mean...
Commissioner De Yurre: Well, I'm going to get to that now, hold on. Go
ahead.
Mr. Prieto: No sir, no sir. We are working on sanitary sewers, we are
working on storm sewers, we are working on all types of infrastructure for the
entire City. What we will not be doing are streets, and since the streets are
the main facility as a City, everybody uses it every day. I believe we are in
trouble.
Commissioner De Yurre: OK. When you do streets, what don't you do? What do
you give up from the other things you are doing right now to do streets?
Mr. Prieto: We, OK. We give up drainage... We give up sidewalks, and we give
up curbs and gutters, we give up pavement, we give up alignment of grade, we
give up landscaping.
Commissioner De Yurre: And we have money to do all that?
Mr. Prieto: We have no money for that at all.
Commissioner De Yurre: So then, what are we doing?
Mr. Prieto: No, right now we are not doing anything.
72 April 26, 1990
Commissioner De Yurre: So for the last two months, the Public Works
Department have been sitting around doing nothing.
Mr. Prieto! Yes.
Commissioner De Yurre: They have been doing nothing for the last two months?
Mr. Prieto: No, no. We have reassigned those people, there is only one
person left in our traffic department.
Commissioner De Yurre: What are they doing now?
Mr. Prieto: That person is merely handling inquiries...
Commissioner De Yurre: No, no. The ones that have been reassigned. Where
are they now?
Mr. Prieto: They are doing sanitary sewers and storm sewers.
Commissioner De Yurre: And, we have money for that?
Mr. Prieto: We have money for that.
Commissioner De Yurre: How much money do we have for that?
Mr. Prieto: We still have seven million left in the storm sewers...
Commissioner De Yurre: OK.
Mr. Prieto: ...And we have, once we finish the sanitary, we have six million
dollars left in sanitary.
Commissioner De Yurre: OK. Now, if these people. Now, you took everybody
out from where there is no money, and you put them to do sanitary sewers,
right?
Mr. Prieto: Yes.
Commissioner De Yurre: OK. When they are busy doing other things, who does
sanitary sewers?
Mr. Prieto: Well, we just have limited personnel. We are trying to keep the
personnel not only, we are totally busy right now. But basically, we would
rather have our personnel equally assigned to sanitary, storm, highways or
streets, and special projects. Since we don't have streets, we have taken
that personnel and distribute it evenly on the other projects and accelerated
our facilities.
Commissioner De Yurre: OK.
Mr. Prieto: So, our design is moving forward in other areas, but I don't
think it's healthy for us to abandon our streets.
Commissioner De Yurre: Let me ask you this. What bonds are going to be
retired, so that when we put out this bond issue, and let's say it's passed by
the tax payers, that we have not increased the taxes for the tax payers?
Mr. Prieto: We are retiring the bonds from 1970 and 1980. These bonds put
together are now being retired approximately at $10.00 per household as an
average.
Mayor Suarez: Iiow much was it per year, the total amount of bond payments on
those that are being retired?
Mr. Prieto: Total bonds are one hundred and ninety.
Mayor Suarez: No, no. no. The ones being retired. I don't...
Mr. Prieto: Being retired is one hundred and nine sir.
Mayor Suarez: A hundred and nine. How was the yearly payment on those?
73 April 26, 1990
-70
t1r. Prieto: Yearly payment per household is $$109.00.
Mayor Suarez: No, total, total.
Mr. Prieto: Total?
Mayor Suarez: For the City.
Commissioner De Yurre: On the average household.
Mayor Suarez: I wanted just the total for the City because I wanted to
compare what I estimate the thirty million will cost on a per year basis.
Mr. Prieto: Twenty five point six million right now.
Mayor Suarez: How much is the amount we are retiring going to reduce from
that 25.6 million a year payment?
Mr. Prieto: OK. We are retiring 2.3 million.
Mayor Suarez: That's what I was hoping you give me, some figure around three
million a year, because if we going to issue $30,000,000 worth of bonds, it's
going to cost about $3,000,000 a year.
Mr. Prieto: Yes. Lower in fact. Yes.
Mr. Odio: Well, we feel that, even if this was approved and the way we have
scheduled the work, that the retirement of the debt, I can't hear...
Mayor Suarez: Please, please. Can we have a little quiet in the Chambers
please? Go ahead.
Mr. Odio: That the retirement, that the mileage payments every year will go
down to the tax payers instead of up.
Mr. Prieto: Yes.
Mayor Suarez: Yes. We happen to be at a very good juncture in our debt
service payments where we going to lose, we going to retire approximately two
and a half, 2.3 million next year?
Mr.. Prieto: Two point three this year, 2.4 next year.
Mayor Suarez: If this passed, it would add, what, about 3 million a year?
Mr. Prieto: That's right. Yes. But basically, no, a little under because
this won't enter until 1992. In order to phase this in such a way that
actually the largest payment will be this year, without the bond corning in.
With the bond coming in. actually, the payments are decreasing every year.
Mayor Suarez: Even with the new bond?
think it would pass.
Mr. Odio: Even with the new bond.
If it's passed? But I still don't
Mr. Prieto: Even with this issue. To give you an example. This year, the
average household for all bonds pay $109.00. Next year will be $99.00 then
$95.00 including the new bonds. So every year there are less payments.
Commissioner Alonso: Yes. That's the ideal numbers that they give.
Mr. Odio: That's the...
Commissioner Alonso: Now in reality what it is, that's a different story.
It's like the cup of coffee...
Mr. Odio: No. That's law.
Commissioner Alonso: ...When the School Board bonds and we know the story,
the cup of coffee, how much it's costing the people.
74 April 26, 1990
Mr. Odio: No, no. Commissioner, once the millage is fixed, it's law and we
can't change that.
Commissioner Alonso: It is, if these were the only bonds that we have to pay.
Mr. Odio: Yes.
Mayor Suarez: Yes. That's the thing Mr. Manager. You see now, two months
form now, you might come in and say, oh, by the way, our shores are also
falling apart, we have to issue another bond to pay that.
Mr. Odio: No, we have two. Let me, to be candid...
Mayor Suarez: And therefore, the total, it's going to end up being more. To
anticipate it being less, as Commissioner is saying, a little bit too rosy a
picture but, if we keep going the way we are going, it will reduce. You are
right.
Mr. Odio: To be candid, because I have to, we are working on two other bond
issues that I know...
Mayor Suarez: That's what I figured.
Mr. Odio: ...that I am aware of, they are called the public safety. That is
one of them would be fire and the other one is police. I have just reviewed
police...
Commissioner Alonso: Coming in November, right?
Mr. Odio: No, no. We are not coming in this year. Precisely, I refuse to
bring them in this year.
Commissioner Alonso: Next year.
Mr. Odio: No. Excuse me, Commissioner. I refuse to bring them in this year,
so that the payments would go down and then plan it for, to bring it to the
electorate next year some time, so that it would begin the year after that.
But public safety is something that we need to rescue equipment and if the
police department for other facilities.
Commissioner De Yurre: You better think about ... public safety.
Mayor Suarez: But those are public safety, you can live with those during
election ,year. What is the actual amount you needed? Is it twenty four
million?
Mr. Prieto: Thirty million.
Mr. Odio: Actually, they actually wanted fifty, and I told them that I
wouldn't go for that, so to bring it down.
Mayor Suarez: But of the thirty, how much is actually going for the road
building?
Mr. Prieto: Road building. Twenty four million five hundred thousand,
Mayor Suarez: OK. Now tell me about the five and a half million in between.
What does that go to?
Mr. Prieto: Resurfacing...
Mayor Suarez: Oh, I see ... So it is for the other part? All right.
Mr. Prieto: ...For, to preserve a sixty year cycle, we resurface every twenty
years.
Vice Mayor Dawkins: That's not, Mr. Mayor.
Mayor Suarez: Yes, Mr. Vice Mayor.
Vice Mayor Dawkins: You said approximately twenty five million dollars of the
bond...
75 April 26, 1990
Mayor Suarez: For new construction. �
Vice Mayor Dawkins: ...fund roadway surface improvements. And five million
will be used to construct storm drainage facilities, in connection with these
improvements.
— Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: The additional five million will be supplemented from
Storm Water, Utility Trust Funds to complete the roadway improvement programs
for a total of thirty five million dollars.
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: So, five million, you just said will be for resurfacing,
and according to this you said, five million will be used to construct storm
drainage facilities. Now which is correct?
Mr. Prieto: Both are correct, sir. There are five million for resurfacing.
The five million that are coming for the drainage are coming from a fund that
we already have in place, that we are not requesting the money from the
--j Commission. That is money that's coming in from a fee that we charge for
storm water.
Vice Mayor Dawkins: OK. Now, the problem is the storm drainage. That's the
problem.
Mr. Prieto: Exactly, sir.
Vice Mayor Dawkins: And you are spending twenty five million dollars on, I
mean thirty million dollars on rebuilding and resurfacing roads, and only five
million dollars to attack our prime problem of drainage.
Mr. Prieto: Of drainage.
Vice Mayor Dawkins: Now be sure you put that in the bond issue.
Mr. Prieto: Yes, sir,
Vice Mayor Dawkins: The other thing I want you to spell out in the bond
issue, is change the word the Manager used, when you put out the list, saying
what areas the bonds will benefit. I don't want to see no word "expect." I
want the word to say "will."
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: You say one "X" dollars, don't tell me one "X" a year
expected to be spent on llth Avenue. I want you to say eleven million dollars
will be spent on llth Avenue.
Mr. Prieto: Yes, sir, I agree.
Vice Mayor Dawkins: And what is meant by, additionally well maintained
streets are needed to support Miami's continued growth, traffic congestion,
and comply with the State's growth management plan? If, what did we pass the
impact fees for?
Commissioner Alonso: Good question.
Mr. Prieto: The impact fees are part of this, a separate fund. They are not
included here. What we do with those impact fees are regular maintenance
which does not include resurfacing or rebuilding. These...
Vice Mayor Dawkins: Somewhere along the lines you got to tell the citizen
that you going to supplement the impact fee...
Mr. Prieto: Yes.
Vice Mayor Dawkins: ...I mean, we told the builder that lie was paying an
impact fee to do these things that you telling the people, you selling a bond
to do...
76 April 26, 1990
Mr. Prieto: Let me explain that, Commissioner.
Vice Mayor Dawkins: No, no. Don't explain it to me because I am voting, no
to start with, let me tell you that before you all. even put it on the ballot.
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: Explain that to the citizens that you trying to sell it
to.
Mr. Prieto: The...
Vice Mayor Dawkins: No, no. Don't waste their time, and mine, OK?
Mr. Prieto: OK. Well, it goes to County roads, not our roads.
Vice Mayor Dawkins: Beg pardon?
Mr. Prieto: The impact fee goes to County roads in the City of Miami. These
thirty million go to City street maintained by us. So the impact fees do not
come to our six hundred and sixty three miles, they go to the remaining
hundred miles maintained by the County in the City.
Mayor Suarez: But, impact fees are not excluded from being used for City
roads.
Mr. Prieto: True. But...
Mayor Suarez: I don't know who might have told you that.
Mr. Prieto: We would like to agree with that.
Mayor Suarez: It's confusing enough legislation without making that
distinction. What you are saying is that most of the roads that we say are
going to be impacted by the large projects, are in fact maintained by the
County, therefore...
Mr. Prieto: That's right, sir.
Mayor Suarez: ...it's fair to say that the impact fee will end up.
Mr. Prieto: In the County roads, in the City.
Mayor Suarez: Oh yes. Definitely in the City.
Mr. Prieto: That's right.
Mayor Suarez: We are not going to fix the ones in the County. It's bad
enough that we have to fix the ones in the City.
Commissioner De Yurre: Is the County responsible for fixing the County roads?
Mr. Prieto: Yes, they are responsible.
Commissioner De Yurre: Wherever they are?
Mr. Prieto: No. They are responsible only for the County maintained roads in
the City.
Commissioner De Yurre: Which are?
Mr. Prieto: For example, S.W. 1st Street, and...
Commissioner De Yurre: Seventh?
Commissioner Alonso: Seventh is the State.
Mr. Prieto: ...Coral Way State road.
Mayor Suarez: Seventeenth Avenue, I think, too.
77 April 26, 1990
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Commissioner De Yurre: How about Flagler, what's Flagler?
Mr. Prieto: Flagler is maintained by us because we put in that special
sidewalk, and we bought into that maintenance. It used to be County,
unfortunately, by putting in the sidewalks, we got into the maintenance also.
Commissioner Alonso: We take then the responsibility and the liability.
Mr. Prieto: Yes.
Mayor Suarez: All right, Commissioners, what you want to do with this,
because Commissioner Plummer has pointed out, we have a lot of other items.
Commissioner Plummer: I moved it, Mr. Mayor.
Mayor Suarez: You moved it. Was it seconded? Are you saying, for my second
that this is the absolutely lowest figure you can live with?
Mr. Prieto: Absolutely, sir. We need more money, but we are willing to live
for thirty.
Mayor Suarez: And of course, if it doesn't pass, you will come back and give
us a lower figure anyhow. All right. I'll second it.
Commissioner Plummer: Mr. Mayor, here again, we are not making the final
decision, it's the people who will be paying the bill. If they want the
improvements, they have to understand that they have to be paid for.
Mayor Suarez: Well, the only thing is that Commissioner Alonso was pointing
out that maybe, if people had in fact experienced a reduction for the next
couple of years, in their debt service millage rate, which is what they would
otherwise have, they would be disposed to believe us when we say that we are
doing our best to reduce their taxes.
Mr. Odio: Well, the way it looks, we will be coming out with $99.00 payments,
and the millage as I proposed in the new budget, is the same millage, so they
will...
Mayor Suarez: I meant a substantial reduction that they would otherwise
experience when these were retired, the said...
Vice Mayor Dawkins: Now, how can you sit up here...
Mr. Prieto: We don't see a substantial reduction.
Vice Mayor Dawkins: How can you sit up here and tell these people that you
got a substantial, a $99.00 reduction...
Mr. Prieto: No, it...
Vice Mayor Dawkins: ...When we ask money garbage fee and you add another
collection fee, and you add another service fee, which is nothing but a tax,
and then you tell them you reducing their taxes by $99.00. Come on!
Mr. Odio: I didn't say that, Commissioner. Let me, I dial not say that. I
said that the payments on the debt will be what, $99.00?
Mr. Prieto: Ninety nine dollars. It goes from a hundred and nine this year
to ninety nine, debt service.
Vice Mayor Dawkins: On the debt service?
Mr. Odio: Yes.
Vice Mayor Dawkins: So you said, you, but you...
Mr. Odio: I said the debt service.
Vice Mayor Dawkins: CK, all right. I understood you say you going to save
nine, that me and the tax payer will save $99.00. Now, that's what I
understood.
78 April 26, 1990
E
E.
Mr. Odio: I am sorry, 1 am sorry you misunderstood, sir.
Vice Mayor Dawkino: OK.
Mayor Suarez: We got a motion and a second?
Vice Mayor Dawkins: Yes, sir. No further discussion. Cali the roll Madam
Clerk. This is the motion to put this on the ballot, so that the citizens can
have that say. Is that correct?
Mr. Prieto: Yes, sir.
Vice Mayor Dawkins: All. right. Call the roll Madam Clerk.
Ms. Matty Hirai: It is an Ordinance, Vice Mayor.
Vice Mayor Dawkins: Well, read the Ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AUTHORIZING THE ISSUANCE, SUBJECT TO THE ELECTION AS
HEREIN PROVIDED, OF NOT TO EXCEED THIRTY MILLION
DOLLARS ($30,000,000) LOCAL STREET AND DRAINAGE
IMPROVEMENT BONDS OF THE CITY OF MIAMI, FLORIDA, FOR
THE PURPOSE OF PAYING THE COST OF LOCAL STREET AND
DRAINAGE IMPROVEMENTS; CALLING AN ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORS THE QUESTION OF
WHETHER SUCH ISSUE. OF BONDS SHALL BE ISSUED; AND
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Mayor Dawkins and
was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: The wisdom of Solomon.
Vice Mayor Dawkins: The voters have said no before, I have a feeling they
will say this time, I'm going to give them their say, I vote yes. Put in on
the ballot.
Mayor Suarez: OK.
79 April 26, 1990
15. FIRST READING ORDINANCE: AUTHORIZE, A BOND ELECTION TO BE HELD ON
SEPTEMBER 4, 1990, CONCERNING ISSUANCE OF $30,000,000 LOCAL STREET AND
DRAINAGE IMPROVEMENT BONDS.
Commissioner Plummer: Move item 5.
Mayor Suarez: Item 5 has been moved, which is...
Vice Mayor Dawkins: Wait a minute. This does go to the ballot? You're not
saying we going to do this. This will go to be vote.
Mr. Prieto: Goes to the ballot.
Commissioner Plummer: No, no. This is for referendum.
Commissioner De Yurre: No, no. This is that if the voters approve it, we
will issue the bonds. Number 5, is putting on the ballot.
Mayor Suarez: Right. But 4 is premised on the voters' approving it,
otherwise there is nothing to...
Mr. Odio: It's authorized in the issuance and subject to an election.
Vice Mayor Dawkins: OK.
Mayor Suarez: Item 5 is the formalization of the authorization of the bond
election?
Mr. Fernandez: Correct.
Mayor Suarez: Does it do anything other than that?
Commissioner Plummer: I moved it.
Mayor Suarez: Moved. I'll second it to be consistent. A companion item.
Vice Mayor Dawkins: OK. Companion item. Any further discussion? Read the
ordinance.
Mayor Suarez: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
AUTHORIZING A BOND ELECTION TO BE HELD ON SEPTEMBER 4,
1990, WITH RESPECT TO THE ISSUANCE OF NOT TO EXCEED
$30,000,000 LOCAL STREET AND DRAINAGE IMPROVEMENT
BONDS OF THE CITY OF MIAMI, FLORIDA, AND THE LEVYING
OF A TAX TO PAY THE PRINCIPAL AND INTEREST THEREON;
ESTABLISHING A FORM OF THE NOTICE OF BOND ELECTION;
ESTABLISHING A FORM OF THE OFFICIAL BALLOT FOR SAID
ELECTION; AUTHORIZING CERTAIN OFFICIALS OF THE CITY TO
TAKE ACTIONS REQUIRED IN CONNECTION THEREWITH; AND
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Mayor Suarez and
was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
ABSENT: None.
80 April 26, 1990
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. DIRECT MANAGER TO BRING BACK EDITORIAL IN THE MIAMI HERALD CONCERNING
POSSIBILITY OF INCREASING CITY COMMISSIONERS' SALARIES WITHOUT A
REFERENDUM.
--------------------------------------------------------------------------------
Commissioner Plummer: Mr. Mayor. Can I ask the City Attorney, since we are
talking about amendments to the charter.
Mr. Fernandez: Yes.
Commissioner Plummer: City Attorney, would you go back to the last time there
was an amendment offered by this Commission to the voters in reference to the
salaries of the City Commissioners. The Miami Herald made an editorial
stating that what we should have done, was take it out of requiring a
referendum and put it in the hands of the Commission. Would you get that
editorial for me, please? So that we can formulate hopefully, at the next
meeting, an amendment charter, strictly suggested by the great motherhood by
the bay. Would you get that editorial? You can go ahead even and draft some
kind of wording for a charter amendment for our colleagues to look at.
Mayor Suarez: The palace of malice by the bay.
Commissioner Plummer: Yes. There is another name, but I can't mention it on
the microphone.
Mr. Fernandez: I will.
-------------------------------------------------------------------------------
17. EXECUTE AMENDMENT TO AGREEMENT WITH W.R.T., INC. - INCREASE COMPENSATION
TO $103,000 FOR STAGE II PROFESSIONAL AND TECHNICAL SERVICES CONCERNING
SOUTHEAST OVERTOWN/PARK WEST 9TH STREET MALL (CIP 341176).
--------------------------------------------------------------------------------
Mayor Suarez: Item 6, authorize the City Manager to execution of an amendment
to the agreement of September 2nd, with W.R.T. Inc.
Commissioner Alonso: Oh, boy.
Commissioner Plummer: Move it.
Mr. Odio: Please, I...
Mayor Suarez: Southeast Overtown/Park West 9th Street Mall. Mr. Manager?
Mr. Odio: I'll like to change that figure to $.103,000 and I am asking them
that the balance will be done by the Public Works Department, in house.
Commissioner Plummer: Move it, as amended.
Commissioner Alonso: How much?
Mr. Odio: A hundred and three thousand dollars only.
Mayor Suarez: You are reducing it by a half a million dollars?
Mr. Odio: I want to reduce, yes. All I want you to approve now is $103,000.
Commissioner Plummer: Yes. Right. We save five hundred by doing it, we save
five hundred off the contract., and spend seven hundred to do it in house.
Commissioner Alonso: I'm so glad, because I had lots of money next week for
the time. Wait.
81 April 26, 1990
Mr. Odio: Well, I'm going to do more. That's where I am going.
Mayor. Suarez: All right. Sounds interesting anyhow. So moved. Do we have a
second?
Commissioner De Yurre: Second.
Mayor Suarez: Second. OK. Any discussion? If not, please call the roll on
6.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-319
A RESOLUTION WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT DATED
SEPTEMBER 2, 1987, A14D AMENDED JULY 31., 1989, IN
SUBSTANTIALLY THE FORM ATTACHED, WITH W.R.T., INC., A
CORPORATION, INCREASING THE COMPENSATION TO AN AMOUNT
NOT TO EXCEED $103,000 FOR STAGE II PROFESSIONAL AND
TECHNICAL SERVICES RELATED TO THE SOUTHEAST OVERTOWN
/PARK WEST 9TH STREET MALL; FURTHER AUTHORIZING
COMPENSATION FOR SERVICES FROM MONIES ALLOCATED IN THE
FISCAL 1989-90 CAPITAL IMPROVEMENTS PROGRAM ACCOUNT
341176, SUBJECT TO THEIR APPROPRIATION.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
18. DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD TO DEVELOP CITY -OWNED LAND -
AUTHORIZE PREPARATION OF A DRAFT R.F.P. FOR A U.D.P. FOR DEVELOPMENT OF
MAUSOLEUM AT NORTH MIAMI AVENUE AND N.E. 2 AVENUE ON N.E. 19 STREET -
SET PUBLIC HEARING. (Cemetery)
--------------------------------------------------------------------------------
Mayor Suarez: Item 7.
Commissioner Plummer.: Mr. City Attorney, once again, am I in any kind of
conflict of interest on voting for this issue, knowing fully well that I am in
the funeral business?
Mr. Fernandez: No. You're not, sir.
Commissioner Plummer: All right.
Mr. Herb Bailey: This is merely, I guess this is a housekeeping matter,
Commissioner. At the last meeting which we discussed this item, you
authorized the administration to proceed with an RFP (Request for Proposal).
However, at that time we did not formally pass a resolution, and in accordance
with the charter provision, we have to have a resolution passed, before we can
prepare the RFP. So we brought this back so we could complete what we
authorized us to do at the Commission meeting for which we discussed this
item.
Mayor Suarez: OK. You want to make a statement on behalf of the neighbors?
82 April 26, 1990
Ms. Norma Orovitz: Yes, I do. Norma Orovitz, President, Temple Israel of
Greater Miami, 137 N.E. 19th Street.. For the record, Temple Israel still
objects to the issuance of an RFP, but as long as everybody else seems to
proceed, we will as well. With reference to the motion that was passed at the
March 8th meeting and subsequent to that with a very cordial meeting with Mr.
Bailey...
Mayor Suarez. I was going to ask about that, if you had met and tried
ascertain the intentions or direction that the administration was trying to
take us on this matter.
Ms. Orovitz: Well, actually, yes. Mr. Lester Goldstein who is Rabbi
Perlmeter's designee and I did meet with Mr. Bailey on April loth. Since that
meeting, or actually, at that meeting, there was some explanation of, re -
explanation of the matter that came up on March 8th. And I would like to
suggest that on the spirit of the motion that was passed on March 8th,
suggested that Temple Israel be included in the preparation of any RFP. It
was my understanding since the meeting with Mr. Bailey, that actually, Temple
Israel may only call a meeting at which time Mr. Bailey would come and discuss
the possibility of a mausoleum. That Temple Israel would only be allowed to
review the RFP after it is prepared rather than participate in its
preparation, and that Temple Israel would be part of the selection committee.
We would like to have a more activist role in this, and in fact of looking at
the resolution that was supposed to have come up two weeks ago, and is coming
before you today. It doesn't seem to suggest the same kind of language. For
instance the motion that you all passed...
Mayor Suarez: Well, you may be premature Norma. I'll tell you what. If, I
don't know if I speak for the rest of the Commission, but I'll tell you for
sure, for myself, if you want to prepare your own RFP, that's how involved you
can get as far as I am concerned, and I might look yours and ignore theirs.
Ms. Orovitz: Well, actually...
Vice Mayor Dawkins: I would also like to add that I don't think Temple Israel
would allow me to come in and plan anything for Temple Israel, and I don't
think that I should allow Temple Israel to come in and plan for the City of
Miami.
Ms. Orovitz: Excuse me.
Vice Mayor Dawkins: That's my personal belief.
Ms. Orovitz: OK. Mr. Commissioner, I am only restating what you all passed
and in fact what you voted for...
Vice Mayor Dawkins: No, no. Well, Mr. Bailey cleared to you what we passed.
Now you are telling me that you are dissatisfied with what he passed and you
want to alter it.
Ms. Orovitz: Excuse me. Mr. Commissioner, and I will read directly from the
motion that you voted for.
Vice Mayor Dawkins: All right, and I will...OK.
Ms. Orovitz: It says here that, towards the end of it. "Further stipulating
that the Rabbi of Temple Israel and representatives of the Edgewood area work
together with the administration to assist in the preparation of said RFP." I
am only coming back to you and saying that the spirit of the motion which you
all, with the exception of Commissioner Alonso, voted for, doesn't seem to be
reflected in the new resolution. I am only asking...
Mayor Suarez: Let me inquire of the City Manager to see if we can resolve
this. Mr. Manager, why would they be in any way limited in their input that
they can give us in preparing this RFP?
Vice Mayor Dawkins: Because they don't own the property.
Mayor Suarez: Let me ask the Manager. Let me ask the Manager.
83 April 26, 1990
Vice Mayor Dawkins: I mean no. Let me ask the City Attorney. OK, I'm sorry. -
Go ahead, Mr. Mayor.
Mayor Suarez: Is that your suggestion, I mean I hear one of my colleagues on
the Commission that wants to limit their input but I don't agree with that. I
want them to have as much input as they want to have. In fact, they could _—
draft it for all I care, if they want to draft it. r—
Mr. Odio: Well, it's a decision that the majority of you have to make,
whether we, but the public ... Excuse me...
Mayor Suarez: Well, I'm hearing the prior resolution that seem to imply that
they will. have plenty of opportunity to give us input, at all stages, _-
before...
Mr. Odio: This is a public hearing and they have tried to give input now. I _
don't mind accepting from anybody, suggestions, whether we put it on the RFP
or not, I have no problem with that.
Mayor Suarez: They can work closely with your staff, including Department of �-
Development, Mr. Bailey, or anybody else in the preparation of this UDP.
Mr. Odio: They can suggest what they want to, but we are going to prepare the
RFP.
Commissioner Plummer: Whatever it is, it's got to come back here.
Mayor Suarez: And in fact, what Commissioner Plummer is saying makes sense
too. I mean, eventually, and it's kind of an extension what I was trying to
say too. Eventually, ultimately, it comes back to us. You can give us the
input directly.
Ms. Orovitz:: OK.
Mayor Suarez: You don't have to worry about them. If they don't want to
cooperate with you, ignore them. They might not pass this Commission, you
have got one Commissioner already voting against the whole concept, and maybe
two others.
Ms. Orovitz: We would very much like to work with the City, and that's why I
am coming back to you.
Mayor Suarez: Well, but you can work, you can input at all kinds of levels
and we are offering you to input at the Commission level, I mean, you know.
Ms. Orovitz: OK. Then, with the language of the resolution that you all are
going to pass today, could you be a little bit more specific, and in fact,
shouldn't there be some limitation or guidelines as to the, that were included
in the original motion. For instance, in your original motion, you excluded
categorically on any funeral home. I am wondering why there is no limitation
or guidelines as to the size or the height or the ext...
Mayor Suarez: Well, that may be premature.
Commissioner Plummer: That is premature.
Mayor Suarez: We've got until July 12th to figure out exactly what we are
going to approve and you really can't give input on that. If you state as
much in a letter to me or a meeting, I will not vote for anything that doesn't
exclude that, as you have stated.
Mr. Odio: Mr. Mayor, we did meet with her, and her group and they were
listened to. Just how, if we don't agree with them then, they can always come
here as she has.
Mayor Suarez: No. They have been told that apparently, they the meetings
that ought to have, have to be at the church or at the temple and not with our
staff, etc, you know.
Mr. Bailey: I would like to make, I would like to respond. First of all, my
continent to the representatives from Temple Israel, was that in regards to any
community meetings that they would like to have to discuss this project, that
84 April 26, 1990
it would bo appropriate for them to call that meeting together, and we would
be there to provide any input, or answer any quest inns... that I didn't think
it would be a..
Mayor Suarez: That is a good way of getting, input, I mean, nothing like
having our staff be there in front of congregation or membership or all those -_
neighbors you are able to gather. —
Mr. Bailey: It would not be appropriate for us to call a meeting for the
community and invite people there that perhaps they would not want to have
there...
Mayor Suarez: Oh sure. It's appropriate for us to call a meeting to, but...
Mr. Bailey: ... So, we would be there to participate in any meeting that they
would call, that I dare say, we would not call the meeting.
Mayor Suarez: Well, we could do that too, but these are meetings to discuss
this and we...
Ms. Orovitz: OK. We are really more interested in being able to participate
rather than just review. And certainly, Commissioner Dawkins, I am not in a
position to write an RFP nor would I suggest it would be appropriate for me to
do so, but certainly, Mr. Goldstein, as a designee of Rabbi Perlmeter at
Temple Israel, certainly is more than capable of so doing. I would also...
Mr. Bailey: I would like to respond to that before you go on, please?
Mayor Suarez: Oh, no, no. Please, please.
Vice Mayor Dawkins: Well, I would like to her from Mr. Bailey.
Mr. Bailey: Yes.
Vice Mayor Dawkins: Thank you, sir.
Mr. Bailey: Because this Commission, at the time that we had this discussion,
gave us, gave the administration specific instructions as to how we are to
structure this RFP. Does their input supersede your directions?
Commissioner Plummer: Absolutely not.
Mr. Bailey: OK. Now we have indicated to...
Mayor Suarez: No. But their input may supersede my vote.
Mr. Bailey: Well, that's OK. All right.
Mayor Suarez: I'm just warning you of that, and I'm explaining to you that,
and that's, we have discussed...
Vice Mayor Dawkins: Well, it may not supersede mine, so his and mine will
cancel out each other, so now they still got votes.
Commissioner Plummer: Oh good. We are a majority of three.
Mr. Bailey: I would also like...
Mayor Suarez: That is right. However, procedurally, we have been as specific
on...
Commissioner De Yurre: So, it's two to two?
Mayor Suarez: So, it's two to two.
Vice Mayor Dawkins: Right. Two to two.
Commissioner De Yurre: I haven't said anything yet.
Mayor Suarez: Procedurally on this item, wait a minute. Procedurally on this
item, Norma ...
85 April 26, 1990
Commissioner Plummer: Two votes, two votes are the majority.
Mayor Suarez: we have been as specific, as participatory, as cooperative,
as we can possibly be, so we are going to move on this item at this point.
Commissioner Plummer: Dead issue. — —
Mayor Suarez: You can give us input by having us, a meeting at your temple,
by working with them, by giving us input directly, by however means you want, and you are not being precluded from that. _
Ms. Orovitz: Thank you.
Mayor Suarez: You said that you are not experts in writing UDP's...
Ms. Orovitz: OK. I would .just like ..
Mayor Suarez: But we are willing to let you give us all the input in the
world, it's not restricted, and if they are not cooperative with you, if you
think they are not, believe me, we will be.
Ms. Orovitz: Thank you.
Commissioner Plummer: Mr. Mayor. This is a dead issue.
Ms. Orovitz: Yes. We wish it were Mister, fine. May I just formally request
sir. I just wanted to make sure that the language of your original motion
would be ...
Mayor Suarez: What difference does it make? Or, the original motion? Better
be complied with, because that's the initial resolution that gave rise to all
of this.
Ms. Orovitz: May I also formally request, a report on the operating expenses
for the City Cemetery, because your original motion...
Mayor Suarez: Absolutely, you are entitled to that.
Ms. Orovitz: Well, I asked for it on March 9th and ..
Mayor Suarez: Would you please, Mr. Manager, get any information on the
operating expenses on the existing cemetery?
Ms. Orovitz: Thank you very much. Appreciate it.
Mayor Suarez: The least you can do, so that we don't have an opposition from
the neighbors for reasons other than the fact that we may disagree on what we
want to do there, which, of course, you are entitled to disagree with us. OK.
On the resolution itself, do we have a motion?
Commissioner Plummer: Since I have no conflict, I'll offer it with a full
understanding that we have got to have something like this to measure whether
or not it's worthwhile.
Mayor Suarez: OK. Do we have a second on the resolution?
Vice Mayor Dawkins: I'll second it, and I'll say again. Everybody should
have their input but this Commission reserves the right to determine if that
input, is trying to kill the motion, kill the whole act and not, and have a
right to delete it. I second it.
Mayor Suarez: Moved and second. Any discussion? If not, please call the
roll.
86 April 26, 1990
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The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-320
A RESOLUTION DECLARING THAT THE. MOST ADVANTAGEOUS
METHOD TO DEVELOP CERTAIN IMPROVEMENTS ON CERTAIN
CITY -OWNED LAND IS BY A UNIFIED DEVELOPMENT PROJECT
(UDP); AUTHORIZING THE CITY MANAGER TO PREPARE A DRAFT
REQUEST FOR PROPOSALS (RFP) FOR A 7.JDP; SCHEDULING A
PUBLIC HEARING FOR JULY 12, 1990, AT 11:00 A.M. TO
TARE TESTIMONY REGARDING SAID RFP FOR DEVELOPMENT OF
MAUSOLEUM USE ON APPROXIMATELY .85 ACRES OF CITY -OWNED
PROPERTY LOCATED BETWEEN NORTH MIAMI AVENUE AND
NORTHEAST 2ND AVENUE ON NORTHEAST 19TH STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN, WHICH RFP SHALL INCLUDE
PROVISIONS FOR MAINTENANCE AND IMPROVEMENT OF THE
ADJACENT CITY OF MIAMI CEMETERY, AND AT THE CONCLUSION
OF THE PUBLIC HEARING AUTHORIZE THE ISSUANCE OF AN
RFP, SELECT A CERTIFIED PUBLIC ACCOUNTING FIRM AND
APPOINT MEMBERS OF A REVIEW COMMITTEE TO EVALUATE
PROPOSALS AND REPORT THEREON TO THE CITY MANAGER, AS
REQUIRED BY THE CITY CHARTER AND CODE.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: It's getting closer to a no. I'll go ahead and vote yes one
more time.
--------------------------------------------------------------------------------
19. DISCUSSION CONCERNI14G PROPOSED ISSUANCE OF $13,000,000 OF SPECIAL
OBLIGATION REFUNDING BONDS FOR REDEEMING OUTSTANDING SPECIAL OBLIGATION
BONDS (SERIES 1985) (Note: Motion for approval of proposal failed - see
label 26).
---------------------------------------------------------------------------------
Mayor Suarez: Item 8.
Mr. Odio: This is authorizing issuance of not exceeding $13,000,000 aggregate
principal amount of Special Obligation Refunding Bonds. This is for the Off -
Street Parking Facility, and we will save, as I understand it, around $500,000
from the parking garage, that is Government Center, that we have to pay for
the deficit that is operated by the Off -Street Parking.
Commissioner Plum-ner: Who is the Bond Counsel?
Mr. Carlos Garcia: Greenberg Traurig.
Commissioner Plummer: Who are the Underwriters?
Mr. Garcia: Merrill Lynch.
Commissioner Plummer: Why didn't you use one that we suggested from the new
list?
87 April 26, 1990
s
Mr.. Garcia: Sir. Because... --_
Commissioner Plummer: Because what? -
Mr. Fernandez: Because all of this was in the work and bond work was already
begun way before the last meeting, when you assigned a new rotation. And it
was made clear that there were some that were already in the work, and this
was one of them. If you recall this item has been in front of you at least -
two or three times before.
Vice Mayor Dawkins: But, we have never passed it. So why would you all go
and acquire bond counselling and what have you?
Mr. Fernandez: Because before an item comes to you, it's our obligation to
make sure that it's correct, and we engage bond counsel way before it gets to
you.
Vice Mayor Dawkins: OK. Mr. Mayor., I got, some questions.
Mayor Suarez: OK. Vice Mayor.
Commissioner De Yurre: They don't get paid for anything if it doesn't get
approved, right?
Mr. Fernandez: Until the closing takes place, correct.
Commissioner De Yurre: No, no. What if we say, no? What then? What if we
don't approve anything?
Mayor Suarez: Commissioner, De Yurre.
Mr. Fernandez: Then I imagine they don't get paid.
Commissioner De Yurre: Is that the way, imagine, no. Is that the way it
works, or what?
Mr. Fernandez: Yes.
Commissioner De Yurre: OK. Fine.
Commissioner Plummer: So then we can instruct the administration to go back,
and for the underwriters, and choose one of the five firms who were not chosen
as bond counsel.
Mr. Fernandez: No, no. We had agreed that we would not. What we had, what
you had agreed...
Commissioner Plummer: We agreed that we would suggest to them.
Mr. Fernandez: There you go. Yes.
Commissioner Plummer: Now, I'll tell you what. You go back and you suggest
to Mr. Traurig, that he do that, and if he doesn't do that, then you come back
and tell us.
Mr. Carlos Garcia: Commissioner, if I could clarify. The firm that is
serving as underwriter's counsel was the firm that ended up as number one on
your list of bond counsel, which is...
Commissioner Plummer: You don't understand me Mr. Garcia.
Mr. Garcia: Yes.
Commissioner Plummer: We told the five which, four...
Mr. Fernandez: Four.
Commissioner Plummer: We told the four which we chore, that we wanted them to
strongly consider using the four losers as underwriters.
Mr. Garcia: Counsel. Yes, sir.
88 April 26, 1990
Commissioner. Plummer: Counsel, OK? Now I am saying to you, since you chose
Mr. Traurig, off an revolving list, you go back to him and strongly suggest
that choose one of the losers of the... for this issue. And if he doesn't,
you come back and you tell us, and I'm sure that there will no longer be a
list of four, but three.
Mr. Fernandez: Mr. Traurig has nothing to do with the selection of the
underwriter.
Commissioner Plummer: Who does?
Mr. Fernandez: The City, through a process that is instituted and in place,
there is a committee that evaluates...
Mr. Garcia: The underwriters, themselves. Commissioner, this City Commission
approved. Remember, the City Commission approved three groups of rotating
underwriters and this is the third firm. Now, you're talking about
underwriters counsel in that... the recommendation that you're talking about
is that the underwriters counsel that arose out of the bond counsel decision.
Commissioner Plummer: All right, then who is this Merrill -Stevens going
to
use as...
Mr. Garcia: Merrill -Lynch.
Commissioner Plummer: Merrill -Lynch going to - Merrill -Stevens...
Mayor Suarez: If Merrill -Stevens gets in on this, I'm voting against,
for
sure.
Commissioner Plummer: Talk about a one track mind.
Commissioner De Yurre: That's your new line of business.
Commissioner Plummer: What is Merrill -Lynch, who are they going to use
as
bond counsel underwriters?
Mr. Garcia: They are using the firm of Matzner...
Mayor Suarez: Ziskind, et al.
Mr. Garcia: Et al. Right.
Commissioner Plummer: Was that one of the four?
Mr. Garcia: Yes, one of the ones chosen by this City Commission, number one.
Mr. Fernandez: They were one of the successful... what they were one of
the
ones that were chosen to be bond counsel.
Mayor Suarez: Don't say number one, Carlos, there were two that were tied
for
number one, so...
Mr. Garcia: Well, you're right, yes, sir.
Commissioner Plummer: OK.
Mayor Suarez: All right, Vice Mayor Dawkins, finally.
Vice Mayor Dawkins: Mr. Garcia.
Mr. Garcia: Yes, sir.
Vice Mayor Dawkins: In 1981, we issued a bond issue for ten million,
four
hundred thousand dollars. Is that correct?
Mr. Garcia: Yes, sir.
Vice Mayor Dawkins: And then, in 1985, we issued a bond issue for thirteen
thousand dollars. Is that correct?
Mr. Garcia: Thirteen million, seven hundred thousand: yes, sir.
89 April 26, 1990
Vice Mayor Dawkins: Thirteen million, seven hundred thousand.
Mr. Garcia: Yes. sir.
Vice Mayor Dawkins: So, from 1981 to 1985, four years, we paid principal and
interest on ten million, four hundred thousand dollars and we still ended
up...
Mayor Suarez: Owing more.
Vice Mayor Dawkins: ...with a balance of thirteen million, seven hundred and
twenty. Is that correct, sir?
Mr. Garcia: Well, not quite. The reason for that...
Vice Mayor Dawkins: OK, tell me where I'm wrong.
Mr. Garcia: The reason for that is that because...
Vice Mayor Dawkins: No, no, no, I don't want to know the reasons. I'm
dealing with figures.
Mr. Garcia: Uh huh.
Vice Mayor Dawkins: See, don't give me reasons, OK? We started with a 10.4
million dollar...
Mr. Garcia: Right.
Vice Mayor Dawkins: ...debit, I mean, debt. Is that correct, sir?
Mr. Garcia: Yes, sir.
Vice Mayor Dawkins: We paid on it for four years. Right, sir?
Mr. Garcia: Yes, sir.
Vice Mayor Dawkins: And at the end of our years, we refinanced it and instead
of bringing it down, we take a ten million, four hundred thousand dollar bond
issue and we end up with thirteen million, seven hundred and twenty dollars.
Is that correct, sir?
Mr. Garcia: You are correct, yes, sir.
Vice Mayor Dawkins: Now you come here today and this is 1990, five years from
the year 1985, where we had a thirteen million, seven hundred and twenty
thousand dollar bond issue. We paid on this one for four years and now you
want me to refinance this one for thirteen million, what now?
Mr. Garcia: Thirteen million dollars.
Vice Mayor Dawkins: Thirteen million?
Mr. Garcia: Not to...
Vice Mayor Dawkins: So I paid on thirteen million, seven hundred thousand for
four years and now I still owe 13 million.
Mr. Garcia: Yes, sir, we still owe thirteen million., one hundred in the old
bonds.
Vice Mayor Dawkins: We owe thirteen million...
Mr. Garcia: One hundred thousand dollars.
Vice Mayor Dawkins: Well, what are you refinancing for then?
Mr. Garcia: Because the interest rates are much lower today than they were
back in 1985 and the City will save in excess of half a million dollars.
90 April 26, 1990
Vice Mayor Dawkins: All right, will that half: - all right, are you going to
apply that half a million dollars to the principal?
Mr. Garcia: Part of that, the principal amount...
Vice Mayor Dawkins: No, no, no, yes, yes... Mr. Mayor, yes and no.
Mr. Odio: Commissioner... can I answer the question?
Vice Mayor Dawkins: No, sir, no, sir, I'd like...
Mayor Suarez: Can we get a simple answer whether we're going to apply that?
Mr. Garcia: Yes, it is being applied, it is being applied against the
principal, the new principal. It is being applied against the principal.
Vice Mayor Dawkins: Sir, sir...
Mr. Garcia: It is being applied against the principal.
Vice Mayor Dawkins: So then, I will not owe 13 million... I will still owe 13
million because if you take five hundred thousand from thirteen million, seven
hundred thousand, I will owe thirteen million, two hundred thousand. So what
am I gaining?
Mr. Garcia: We're asking you to approve an amount not to exceed 13 million
dollars, According to the most recentinformation that we have, we can sell
these bonds for twelve million, five hundred and eighty thousand dollars.
Vice Mayor Dawkins: One final question, sir, and I'll be finished. Is this
the same bond issue that this Commission has told you and the administration
four times on no?
Mr. Odio: No, sir.
Mr. Garcia: No, sir. The last time the City Commission...
Vice Mayor Dawkins: What is it?
Mr. Odio: No, sir. This is the parking garage, this is an Off -Street Parking
bond issue. I want to remind the Commissioner that every year, unfortunately,
we have to pay about a million and a half dollars from the General Fund to
cover a deficit of that facility.
Vice Mayor Dawkins: And this Commission never told you that they were not
going to refund this 81 million dollar bond issue for ten million dollars.
Mr. Odio: You told us another one you did, but not this one.
Mayor Suarez: Very similar in amounts? I mean, curiously similar?
Mr. Odio: The other one was fifteen million.
Vice Mayor Dawkins: No, the other one was ten million two. No, it's...
Mr. Garcia: The last time we came to you, the last time we came to you...
Commissioner Alonso: Since I've been here, hasn't it come to us?
Mayor Suarez: It started off, the other one started off at ten, I think.
Mr. Garcia: The last time we came to you, we recommended 15 million dollars.
Mayor Suarez: But it started off at ten million face value, I think. And
that's why it looks very similar to this. Sort of a growing debt that we're
paying and it grows and grows.
Mr. Garcia: During the City Commission meeting, the City Commission, I
recommended we reduce the amount to 13 million dollars. If we could obtain an
insurance policy to replace a debt service reserve. We were successful in
that, so therefore, we are here with the final resolution in an amount not to
exceed 13 million dollars. As I said, the amount, the final amount will be
91 April 26; 1990
lesser than that. But, again, that is based on the interest rate and those
interest rates change everyday.
Vice Mayor Dawkins: Well, I still don't understand how I could start out...
Mr. Garcia: And still the only statement that I can make to you is that we'll
save at least half a million dollars in the transaction.
Vice Mayor Dawkins: All I can... OK.
Mr. Garcia: If we had done the sale two weeks ago, we would have saved
$600,000.
Mayor Suarez: OK, but we're responsible to the electorate and we have to be
able to explain something that is fair...
Mr. Garcia: But, the principal...
Mayor Suarez: Can I finish my question?
Mr. Garcia: Yes, sir.
Mayor Suarez: And that is, are we, in fact, at this point, with item 6, if we
pass it, are we saying that what now has a face value, principal amount owed
of thirteen million, seven...
Mr. Garcia: Thirteen million, one hundred, right now, outstanding at this
point.
Mayor Suarez: One hundred outstanding...
Mr. Garcia: Yes.
Mayor Suarez: Will be refinanced to not exceed 13 million in face value, in
amount outstanding, in principal amount?
Mr. Garcia: That's right.
Mayor Suarez: And there's no hidden cost here anywhere?
Mr. Garcia: What do you mean by that? I'm not sure.
Mayor Suarez: Well, I don't know what I mean by that.
Mr. Garcia: There's nothing hidden, there's nothing hidden anywhere.
Mayor Suarez: I wish I did, I...
Vice Mayor Dawkins: If you did, you woutldn't ask about it.
Mr. Garcia: All the numbers are on the table, Mr. Mayor.
Mayor Suarez: I just want to make sure that there's no other cost associated
with this transaction, to put it in technical terms that are going to somehow
come back to haunt us.
Mr. Garcia: We're asking you to approve 13 million, but the actual amount
will be less than that. I can tell you that.
Mr. Odio: Let me explain... the reason we're doing all of this looking at
this is that I need the half a million dollars to use to pay for the deficit
of that facility that i`, was built in 1978, 1 think, and that they would...
Mayor Suarez: This does remind me a lot of what I do with my home. I keep
refinancing it and then what I take from the mortgage, I keep using for my
operating expenses of my home.
Mr. Odio: I want to put also on the record, we have tried to give this
facility to the...
Mayor Suarez: And I always owe more, no matter how much I pay, I always owe
more.
92 April 26, 1990
Commissioner Plummer: Yes, well your wife told me you had a 50/50 account.
You put it in, she takes it out.
Mayor Suarez: One other question. What is the interest rate, Mr. Manager,
that you hope to get from all of this? What is the interest rate reduction?
Mr. Odio: Seven, seven five.
Mayor Suarez: From what? What is it present?
Mr. Odio: From about 8.97.
Mayor Suarez: Why is he shaking his head no? Everytime we get...
Mr. Garcia: No, I'm saying, no...
Mr. Odio: Well, am I wrong?
Mr. Garcia: Yes, the most recent...
Mr. Odio: I'm sorry.
Mr. Garcia: The most recent interest rate we have been able to receive is
7.47. OK, we're hoping to get 7.47. But the interest...
Mayor Suarez: OK, and the present is how much?
Mr. Garcia: Closer to 9 percent, 8.97 are the old bonds. That's where the
savings is, in the interest rate differential.
Mayor Suarez: How long do you think this, as they say, window of opportunity
will be there?
Mr. Garcia: It is moving away from us. If we don't move quickly.
Mayor Suarez: The window is leaving like the...
Mr. Garcia: It is moving... interest rates are going up, you know.
Mayor Suarez: I thought so. All right, Commissioners, I guess we got the
numbers.
Commissioner Plummer: Don't the Cubans throw the house out the window?
Mayor Suarez: I'll entertain a motion on this item.
Commissioner Plummer: So move.
Mayor Suarez: At least the face amount is not going to increase which is what
the Vice Mayor was concerned about in the other one, because it's difficult to
go back to people and explain why the amount always keeps going up.
Commissioner Plummer: So move,
Mayor Suarez: So moved. All right, I'll second item eight then.
Vice Mayor Dawkins: Under discussion. Last question. If you had not
refinanced this bond, 10-4 bond, where would it have been - what would the
balance be today?
Mr. Garcia: I don't really have that amount, Commissioner. I don't have
that. I would say would be very close to 10 million dollars. Bonds are like
mortgages. During the first few years, you pay...
Vice Mayor Dawkins: No, no, this is 20 years
Mr. Garcia: Yes.
Vice Mayor Dawkins: This was 1981, this is '91, and in 20 years, what would
10 million, if we had continued to pay on it, a ten million dollar bond issue,
principal and interest, for 20 years approximately what would the balance be
today, sir, without all of the refinancing that we went through?
93 April 26, 1990
Mr. Garcia: I don't know. I would say, probably around seven million
dollars.
Vice Mayor Dawkins: Thank you.
Mr. Garcia: Seven to eight million dollars, but what you have to keep in
mind...
Vice Mayor Dawkins: Well, let's say between five and seven. I think it would
be closer to five million.
Mr. Mr. Garcia: No, it will be closer to seven, Commissioner.
Vice Mayor Dawkins: You mean to tell me, in 20 years we would not have paid
half of ten million dollars off?
Mr. Garcia: You have a mortgage, I'm sure, on your home and you know that
during the first ten years...
Vice Mayor Dawkins: No, I don't. No, I'm 65, I paid that off.
Mr. Garcia: You're a very, very lucky person.
Vice Mayor Dawkins: I'm very fortunate, yes.
Mr. Garcia: I wish I could say that. You know, during the first ten years of
your mortgage, you pay maybe 20 percent of principal.
Vice Mayor Dawkins: Um hum.
Mr. Garcia: It's really at the end where you pay most of the principal.
Vice Mayor Dawkins: That's what I just told you.
Mr. Garcia: Yes.
Vice Mayor Dawkins: So, now that we've gotten down below the seven million,
then more money applies to the principal instead of the interest, So we'd
have been closer to five million, sir, than you would seven. OK, no problem.
Thank you, Mr. Mayor. All right, any further questions?
Mr. Garcia: Yes, sir.
Vice Mayor Dawkins: Any further questions? Call the roll, Madam Clerk.
ON MOTION DULY MADE BY COM14ISSIONER PLUMMER AND
SECONDED BY MAYOR SUAREZ, ITEM 8 FAILED BY THE
FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
ABSENT: None.
Mayor Suarez: Item nine. I guess we're not going to be doing too many
refinancings. Maybe we ought to tell all of those bond counsel that are out
there.
Commissioner Plummer: I don't know why we selected a bond counsel when you're
not going to sell any.
94 April 26, 1990
E
20. DISCUSS AND TEMPORARILY TABLE PROPOSED "WYNWOOD SNID PARTNERSHIP"
AGREEMENT - FOR PROFESSIONAL, PLANNING IN TECHNICAL ASSISTANCE TASKS
REQUIRED U14DER FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (See label 43).
---------------------------------------------------------------------------------
Mayor Suarez: Authorize the City Manager to enter into an agreement in
substantially the attached form with the Wynwood...
Commissioner Plummer-: Mr. Manager, at the last meeting I asked - there were
questions raised about the selection. I asked you to get answers to those
questions and I would bind myself by your recommendation.
Mayor Suarez: What is the recommendation now then?
Commissioner Plummer: That's exactly where I am today.
Mayor Suarez: Thank you.
Commissioner Plummer: And I don't know what your recommendation is.
Mr. Odio: Well, I have a problem with this and I want to defer this because I
have received information today...
Commissioner Plummer: Move for deferment.
Commissioner De Yurre: Second.
Mayor Suarez: So moved and seconded.
Commissioner Plummer: Nine.
Mayor Suarez: Just generally, since I always like to know the reason for
deferments, Mr. Manager, why do you have a problem with it at the last moment?
Mr. Odio: Wait, wait, excuse me. Well, I'm told that if I defer this, I kill
the item. My problem is I've been receiving...
Mayor Suarez: Ah. I'm glad I asked.
Mr. Odin: ...information....
Mayor Suarez: OK, what is the reason for why this matter cannot be determined
today? We've been here before.
Commissioner Plummer: Mr. Rodriguez, this is Mr. Odio. Mr. Odio, this is Mr.
Rodriguez.
Mr. Odio: We talked at lunch time about this and I'm still not convinced that
there is not a conflict here somewhere and you tell me there is not. You want
to put that on the record?
Mayor Suarez: You mean your problem is the conflict, the supposed conflict,
that we heard about last time? And there is no conflict from the City
Attorney.
Vice Mayor Dawkins: Uh huh, and she said that the last time.
Commissioner Plummer: Well, wait a minute. Mr. Mayor...
Mayor Suarez: We were about to defer. Yes, Commissioner.
Commissioner Plummer: ...I was going to defer. May I suggest, nobody wants
to kill this project, of course.
Mayor Suarez: Thank you.
Commissioner Plummer: May I suggest that we give the Manager until 8:55 this
evening to get himself satisfied. OK? And then he has the right to go and
dig as deep as he wants. I don't ever want to put him in a position that. tie
95 April 26, 1990
is not absolutely certain, especially when it comes to a conflict of interest.
So I move, Mr. Mayor, we table this until 8:55 tonight.
Mayor Suarez: OK. All right. —
Vice Mayor Dawkins: I move we table this until the last item. We may not be
here at 8:55, we may be finished before.
Commissioner Plummer: OK, the last item.
Commissioner Alonso: Last item.
Commissioner Plummer: You can bet me.
Mayor Suarez: Right, yes, the item was tabled, we don't need a motion until
later on in the evening, conceivably as late as the last item, or 8:55.
21. DIRECT ADMINISTRATION TO CONDUCT A STUDY ON A PROPOSED CODE AMENDMENT
CONCERNING ALCOHOLIC BEVERAGES AS IT RELATES TO DISTANCE BETWEEN
ESTABLISHMENTS, ETC. (Applicant: Economy Discount Pharmacy).
------------------------------------------------------------------------------
Mayor Suarez: Item ten, Economy Discount Pharmacy.
Adrian Ferradaz, Esq.: That's correct. Good afternoon, Mr. Mayor, Mr. Vice
Mayor, members of the Commission. My name is Adrian Ferradaz, I'm an attorney
having offices at 2655 LeJeune Road, Coral Gables, Florida, here on behalf of
Economy Discount Pharmacy. We are requesting, if the Commission could
consider a proposed amendment to the ordinance on alcoholic beverages. My
client has requested a permit to open up a liquor store at 3232 Coral Way, but
that permit was denied because there is a lounge type or nightclub within 2500
square feet. You might know the ordinance, one of the requirements is that
you cannot have another liquor license within the 2,500 square feet. We're
suggesting that since my client is only requesting a package store or a liquor
store with consumption off the premises, maybe the ordinance can be amended
whereas that is allowed as long as the two different businesses are not the
same in that the lounge is consumption on the premises and the other one is
consumption off the premises as my client is requesting for a package store.
Commissioner Plummer: Mr. Mayor, this normally follows a process in which we
ask the Planning Department to do a study. At the conclusion of that study,
they would bring it back here and we would either forward it to the Planning
Board for the regular discussions. I have no qualms about asking for the
Planning Department to do the study.
Mr. Ferradaz: That's fair.
Commissioner Plummer: And as such, I would move and ask them to do that and
then come back to this City Commission within 90 days. Is that reasonable?
Mr. Guillermo Olmedillo: It's an amendment to the code actually.
Commissioner Plummer: Huh? OK, I was telling you to study, as an amendment
to the code, but to come back and recommend to this Commission, as you
normally do, your recommendations as to a possible change or no change.
Commissioner Alonso: Haven't you studied this already?
Commissioner Plummer: In my 20 years, we've studied it about 40 times.
Mr. Sergio Rodriguez: Well., if you can give us some direction as to what way
you are leading on this...
Commissioner Plummer: Well, you heard what he has asked. His directions are
that we reduce the distance of...
Mr. Ferradaz: Not, that, reduce...
46 April 26, 1990
Commissioner Plummer: Reduce the distance. Now, you might say that the
distance that's presently there is fine. That you feel that it can be changed
and as such, you recommend what or you don't recommend what.
Mr. Jorge L. Fernandez: The way that I understand the proposal that... one of
the proposals that's being made, is not to alter the distance requirement, but
alter the...
Mr. Rodriguez: The nature...
Mr. Fernandez: ...the nature of the establishments. In other words, keeping
the distance requirement intact, but making it from two different types of
establishments rather than from same to same.
Commissioner Plummer: Study it both.
Mr. Rodriguez: Let me come back on May 24th. OK? Let me come back on May
24th with a recommendation that you all can look at and tell us how you feel
about it. Does that...
Commissioner Plummer: I have no problem with that.
Mr. Ferradaz: That's fine.
Mr. Rodriguez: May 24th.
Mayor Suarez: Just... go ahead and do that. We'll begin that process.
Commissioner Plummer: You want a motion or you don't need it?
Mayor Suarez: Yes.
Commissioner Plummer: I make a motion.
Mayor Suarez: So moved that they come back with a recommendations.
Commissioner Plummer: Sending it to the Planning Department for a study.
Mayor Suarez: That, presumably, would apply to this item if favorably
recommended.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90-321
A MOTION INSTRUCTING THE ADMINISTRATION TO DO A STUDY
OF A PROPOSED AMENDMENT TO THE CITY CODE WHICH WOULD:
(1) REDUCE THE DISTANCE REQUIREMENT BETWEEN BUSINESSES
THAT SELL ALCOHOLIC BEVERAGES, AND (2) MAKE A
DISTINCTION BETWEEN DISTANCE REQUIREMENTS RELATING TO
PACKAGE LIQUOR STORES AND PLACES THAT SELL LIQUOR BY
THE DRINK; FURTHER REQUESTING THE CITY MANAGER TO COME
BACK WITH A RECOMMENDATION ON MAY 24, 1990.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor. Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
97 April 26, 1990
0
NOTE FOR THE RECORD: At this point, Mayor Suarez
announced that item bleven had been withdrawn at the
request of the applicant.
-------------------------------------------------------------------
22. PERSONAL APPEARANCE BY WILLIAM GILBERT TO DISCUSS PROBLEMS OF SMALL
PROPERTY OWNERS AND ZONING REGULATIONS - DIRECT ADMINISTRATION AND MR.
GILBERT TO MEET WITH COMMISSIONER ALONSO AND TO REPORT BACK.
Mayor Suarez: Item 12. Mr. Gilbert.
Mr. William Gilbert: Yes.
Mayor Suarez: Give us your name and address, please, sir.
Mr. Gilbert: My name is William Gilbert, I live at. 2301 N.E. 6th Avenue,
Miami. We own rental housing and in order to keep these units in good
condition, we have to be able to work minus costly and time consuming red
tape. Being a small property owner, having a house and a few rental units,
I'm involved in jobs such as painting, plumbing, general repair and renovation
of apartments. I have a problem with zoning regulations. Jobs requiring
permits are... jobs costing over $100 and include painting inside, a door
change inside, floor tile, plastering, changing a sink and cabinet, wallpaper,
carpeting or paneling. Any apartment owner would have to get a permit every
time someone moves out or more often. At $100 a shot per permit, plus time, I
hope you're not upset or surprised that most people don't bother coming in.
In fact, to require everyone to come in would not only flood your offices, but
strangle the repair effort in Dade County. I own a duplex home that has a
concrete terrace extending from the second floor. I also have a baby that's
learning to climb. Trying to get a permit to enclose my terrace I was denied
because of setback requirements. I'm not extending my house, I'm only
enclosing my terrace. I was told to apply for a variance, that's $550, plus
$3.00 per owner within 375 foot radius. More or less a hundred owners, that's
$300 more. Plus a new survey, that's $200, or over a $1000 to ask for
permission to do a job that will cost about $700 on my own house. This is
extremely unfair and insensitive to small property owners. Eulethian Courts
apartment building, which is two blocks from my house, was almost burned down
and is being completely rebuilt with new use from 33 apartments to 13 condos,
breaks every rule on setback, being built up to the old sidewalk with no
clearance for street improvement at all. I'm sure they paid for their
variance. It seems as though with money and time, you can buy a variance. My
terrace is 10 feet from the street and originally part of the building.
Permits cost $50 for a contractor and $100 for a property owner. If an owner
wants to do his own work on his own property, he most likely is trying to save
money and this doesn't help and is also unfair. I do appreciate a pamphlet
that was available for a particular job giving minimum requirements. I think
this is an excellent service and should be expanded. It would improve jobs
overall, giving your inspectors fewer problems. I ask that you consider two
suggestions. One is to raise the amount of cost of job required for permit to
a reasonable level of $500 to $1000 and to allow people, to work on their
property legally and, two, for small jobs under $5000 or jobs that don't
change use or include new construction, bypass the variance requirement and
cost. I believe that when the City increases the cost of a job by 20 percent
or more, there is something wrong. Sincerely.
Commissioner Alonso: I really would like to hear from the department to say
why these prices are so high and it's something I've been addressing for a
long time, a great concern of mine, people have to violate the law because we
make it very difficult for them, and costly, as well.
Mr. .Joe Genuardi: OK, Joe Genuardi, City of Miami Building and Zoning
Department. The $100 limit on requiring a permit is part of the South Florida
Building Code. It's been there for years. We've asked the County to review
that and to try to raise it. They have considering raising it between five
hundred and a thousand dollars, which would help some of the homeowners. A
lot of permits required now would not be required if they do change that.
98 April 26, 1990
Commissioner Plummer: Well, there's another reason for it also and that is,
that so many people today do much, much more, of course, as we realize than
$100, because a $100 today you can't even get a technician to come to your
house. But, it's a way of control of making sure that people that do
improvements to their house do the improvements in compliance with the South
Florida Building Code. Because if they don't have to take out a permit,
there's no inspection and with no inspection, they basically do what they
want. So I think that, you know, even though the $100 figure is ridiculous,
we all agree on that, there's got to be some provision in which we still keep
a control over the regulation to make sure that what is done is done in
accordance with the building codes.
Mr. Genuardi: Well, there's always the condition that if the building
official feels that what they're doing is structural and may create a hazard,
then we do require it, regardless of how much it's worth. So that's...
Commissioner Plummer: If you know about it.
Mr. Genuardi: If we know about it.
Commissioner Plummer: Yes, if you know about it. About half of this work
that's done in this town, you don't know about.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Huh?
UNIDENTIFIED SPEAKER: More than half.
Commissioner Plummer: More than half.
Mr. Genuardi: That happens now with $100 as well, it will happen with $1000.
Commissioner Plummer: Well, I understand that.
Commissioner Alonso: But the problem is, if everytime they are going to paint
the property inside, they have to come for a permit or for whatever reason,
they have to get a permit, the truth of the matter is they are not going to do
it.
Commissioner Plummer: They don't do it now.
Commissioner Alonso: They don't do it now. Why do we have rules and
regulations that people cannon, abide for and it make it silly.
Mayor Suarez: Let's have r.ealistic...
Commissioner Alonso: It looks us like we have rules and regulations that we
don't follow and that we know quite well that no one is paying attention to.
Let's have things that we know people will be able to follow and we will
enforce.
Mayor Suarez: Realistic rules and regulations.
Commissioner Alonso: And, to me, that makes sense.
Mayor Suarez: Yes.
Commissioner Plummer: Exactly.
Mayor Suarez: We really should.
Mr. Genuardi: Well we... painting inside, we don't bother with that but the
exterior painting, we do.
Mayor Suarez: Wait, wait, wait, but that's the point. What do you mean, we
don't bother with that?
Mr. Genuardi: Because painting of your home...
Commissioner Alonso: That'E exactly what he means.
99 April 26, 1990
Mr. Genuardi: Most people don't come in for permits for that, but...
Mayor Suarez: We're not able to enforce the law is what you're saying which
is what troubles us.
Mr. Genuardi: Yes, well we don't know when they're doing it because it's
inside their own home. We can't go into the home.
Mayor Suarez: Right.
Mr. Genuardi: Exterior painting...
Mayor Suarez: And maybe it's not worth having that law.
Commissioner Plummer: The County has a $500 limit.
Mr. Genuardi: Excuse me?
Commissioner Plummer: How come the County has a $500 limit?
Mr. Genuardi: It should be the same for the County. That's the Building Code
says $100.
Commissioner Plummer: Well, they cited me because I spent a roof repair of
$540 and they said if it had been under five hundred, they wouldn't have cited
me.
Commissioner Alonso: Ah, because they were not paying attention. Below $'500
probably they will not bother, as well as we do.
Mayor Suarez: They know you're cheap and they figured you did it for over a
hundred only, instead of $500.
Mr. Genuardi: I don't know how they did that.
Commissioner Alonso: What can we do about it?
Mayor Suarez: Maybe we should adjust our code to the County's if, in fact,
they're different.
Mr. Genuardi: Well, we are looking at that. We have asked the County to look
into that and see what they can do. Maybe there are things that are minor
that we don't have to require permits for, but we have to wait till the County
comes back and makes their recommendations on that.
Commissioner Alonso: Are you the one responsible for all of these regulations
that we can sit and take a close look and see if we can come up with
solutions? Or who is in charge in your department?
Mr. Genuardi: Well, in the department, I usually work on the ordinances on
fees. I work on that.
Commissioner Alonso: OK, let's - I think I suggest that...
Mayor Suarez: Do you want to the wholesale analysis of it?
Commissioner Alonso: .I. meet with Mr. Genuardi and try to come up with
something that seems more logical for the City of Miami and then come back in
front of the Commission to see if we can have something that we can enforce
and that helps the small homeowner as well as the landlord who has duplexes
and things like that.
Mr. Genuardi: Under variances, the fee that you pay, the $550, probably
included $200 which is in case of appeal, which, if there's no appeal, you get
back. So we're getting...
Mayor Suarez: That's sort of like a security.
Mr. Genuardi: We get like $350. If you look at the cost of the...
100 April 26, 1990
Mayor Suarez: So, what you're saying is, of the $550, two hundred is like
security because if there's no appeal, it will never be used and three -fifty
is the basic fee which goes to the department. Can it not be less for a
smaller item?
Mr. Genuardi: If you look at our operating costs and with the revenue we take
in, we take in less than 60 percent of what it costs us to run that section.
Commissioner Alonso: Mr. Genuardi, how much was it before? Before it was
increased or it has been like that for a long time?
Mr. Genuardi: It was increased recently.
Commissioner. Alonso: How much it was before and when it was increased?
Mr. Rodriguez: Let me try to address the issue of the fee, one second. I
don't have an answer to what you were asking, Commissioner Alonso. But, just
to give you an idea of the cost that we have to incur on this, just on the
legal ad that we have to send in relation to the Zoning Board, it costs us
about $240 for item. And then, if this is appealed to the City Commission, it
costs us an average about $600 per. item. So, we're not recovering the cost to
us at this point with the fee that we're charging.
Commissioner Plummer: You should.
Mr. Rodriguez: Well, the... I know that we should, but we are not and the
problem is that if we keep increasing the fee to keep up with the cost of the
ads, it gets to be too high. We are doing this...
Commissioner Plummer: Wait, wait, wait. Who's benefited by this? -the
applicant. And the applicant should pay. Why should I pay for the applicant
to have something - why should I subsidize him? He's the one that's going to
be the beneficiary.
Mr. Rodriguez: You are right in that sense. When you're dealing with major
property owners, it's easier to deal with that issue. When you're dealing
with individual property owner in a single family area, for example, it is a
more difficult issue to deal with. Part of the problem with this is that have
requirement from the state that we're trying to change this year in the
legislation to see whether we can reduce the requirements of advertising in
papers because since we eliminated the Miami News, we are really going to a
lot of expenses at this point.
Commissioner Plummer: I don't think, under any circumstances, that a man who
applies for a variance should get out for anything less than what it costs the
City. He is the beneficiary of that variance and I don't think his neighbor
should have to subsidize him to be a beneficiary. Now, that, to me, it should
be on a paying basis.
Commissioner Alonso: That's fine if they are looking for a variance that
means a big project or a change in zoning that is going to pocket a lot of
money for that person. But when we are talking about a family who needs
something in the backyard for a small child and they are struggling to pay the
taxes in that property, I couldn't agree that it's the same case because it is
not.
Mayor Suarez: Sometimes it's a...
Commissioner Alonso: I think we have to look at two different things and
somehow, perhaps, we can look at why we are requesting what from the
homeowners and then we cark come up with a better solution. I suggest that Mr.
Genuardi and Sergio and myself, we meet and discuss some of these items. We
look at some of the examples, perhaps this gentleman can give to us some of
the cases he has seen or been involved in. We look at that, we come back to
the Commission and we try to find a solution that is fair for everyone
concerned.
Mayor Suarez: Sure.
Commissioner Plummer: It's a good idea.
Mayor Suarez: Yes.
101 April 26, 1990
Commissioner Alonso: OK?
Mayor Suarez: Sometimes, the iten) involved is like a tool shed and it's like,
you know, a federal case. Plus, when you make the statement that 60 percent
of the total expenditures are funded by the fees, you're forgetting that if
the schedule was a little bit more logical. for smaller items, you might get
more people coming in without violating the code, which then requires you to
have more enforcement people. I mean, there's a point here which certain laws
are actually counterproductive in terms even of revenues that they produce. I
don't - I'm glad the Commissioner is going to look at that because we really
should be careful on it.
23. INSTRUCT MANAGER TO WORK WITH EPISCOPAL COMMUNITY DEVELOPMENT LOAN FUND,
INC. TO TRY TO FIT ITS PROGRAM TO THE MINI UDAG FUNDING PROGRAM, WITH
PROVISOS.
Mayor Suarez: All right, item 13 was actually my request, but I just want to
know, Mr. Manager, if what I hear is correct that the Episcopal Community
Development Loan Fund, Inc., to whom we had resolved to allocate some amount -
I want to say $300,000...
Mr. Odio: A hundred thousand.
Mayor Suarez: A hundred thousand. Was, in fact, somehow left out of CDGB
monies. I mean... and by the way, I assume they have a nondenominational
corporation meeting all of our requirements. Don is shaking his head saying
yes. We may as well put that into the record. Record reflect that Don is
shaking his head yes, Don Benjamin.
Mr. Frank Castaneda: Commissioners...
Mayor Suarez: I mean, we have a resolution. I just want to know, are we
backing off our resolution, of this Commission? I hope we're not.
Mr. Castaneda: What the Commission...
Mr. Odio: No, a resolution said that we - instructed the City Manager to see
if we could find a hundred thousand dollars. I couldn't.
Mayor Suarez: Isn't that what the... did the resolution read that way or was
it that we lend them a hundred thousand dollars from the next round of CDBG?
Commissioner Plummer: It was to find it.
Mr. Castaneda: Commissioners, I have the answer.
Mayor Suarez: Yes, anybody.
Mr. Castaneda: The Commission said, the Commissioners...
Mayor Suarez: No, you have the resolution by any chance?
Mr. Castaneda: I don't have it but I know it by heart. What the Commission
said...
Mayor Suarez: OK, you know it by heart. Let's see.
Mr. Castaneda: What the Commission said was to take a hundred thousand
dollars from the money allocated for the acquisition of Camillus House and if
that money was not available to let them go through the CDBG process, and, you
know, go through the process and see if they will be funded that way. They
did not go through the process even though we include their proposal there.
That project was not recommended for funding by the Advisory Board and we came
here to the City Commission...
Mayor Suarez: We did not make it subject to the Advisory Board's
recommendation...
102 April 26, 1990
Mr.. Donald Benjamin: That's right.
Mayor Suarez,: What you're saying is, they didn't even go through the process?
Let's hear from them on that. You didn't go through that?
Mr. Benjamin: Mr. Mayor, Commissioners, the resolution instructed the City
administration to find $100,000 to provide operational funds for the
corporation and direc.t...
Mayor Suarez: Well, if we're going to argue about what the resolution says,
Don, maybe we ought to just wait a little, table the item and somebody dig up
the resolution. There's no reason for us to be arguing about what the
resolution says.
Mr. Castaneda: Can we discuss the proposal?
Mr. Benjamin: No, no, no, I'm just expanding on what he said. And to look
first at the Camillus fund.
Mayor Suarez: Right.
Mr. Benjamin: It said nothing about CDBG...
Mayor Suarez: Which we obviously haven't used and God knows if we'll ever use
it.
Mr. Benjamin: It said nothing about CDBG fund but the point is, the
resolution instructed them to look for funds starting with the Camillus fund.
That was the resolution.
Mr. Odio: That's what... and I didn't find them.
Mr. Benjamin: Well, I, in my research, Mr. Mayor, as we pointed out in a
recent correspondence, we have been able to find some areas where we suspect.
there may be some lurking funds and I would hope that we are correct. There
is something called the CDBG street improvement fund. The information we have
is about $250,000 sitting there. There's another fund, a million dollars in
the Mini-UDAG program which is used to give loans and grants and these are
some of the areas that we have identified, there are a couple...
Mayor Suarez: The Mini-UDAG is CDBG funds too, isn't it?
Mr. Castaneda: That's correct...
Mayor Suarez: Do we have monies left in them?
Mr. Castaneda: Yes, Commissioner.
Mayor Suarez: Does this qualify?
Mr. Castaneda: Commissioner, I think we should discuss the merits of the
proposal.
Mr. Benjamin: Mr. Mayor....
Mayor Suarez: No, no, wait, wait, wait. That's the one thing I thought we
had decided. We thought the proposal was meritorious. That's what I think
this Commission decided. And instructed you to find a hundred thousand
dollars and work with them.
Mr. Castaneda: The matching funds...
Mayor Suarez: They're proposing to apply a multiplier of I don't know how
many, you know...
Mr. Castaneda: I've received three stories on their proposal by three
different people.
Mayor Suarez: OK.
Mr. Benjamin: What? What was that?
103 April 26, 1990
�j
Mayor Suarez: We have some quiet in the chambers, please. Commissioners, dial
you not understand that we had, in principal, approved this and instructed the
Manager to find a hundred t-housand dollars and work with the good folks that
plan to lend substantial amounts of money if we gave them a hundred thousand
dollars as a match. Isn't that what we did on this?
Commissioner Plummer: That's what we diu, but I'm hearing now that he got
three different proposals. So what are the other two that we didn't hear
about?
Mr. Benjamin: There were no three proposals. We have...
Commissioner Plummer: Excuse me, he said that. I didn't say it.
Mr. Benjamin: OK, well...
Commissioner Plummer: And what are the other proposals?
Mr. Castaneda: I've had discussion with Benjamin and two other persons who
are on the board, I keep hearing different stories. First question that I
ask, is, what will the fund do and I received different answers to that
question. How will it operate? I've received completely different answers on
that question. And how much funding has been raised for the loan fund? I
received no answers to that question.
Mr. Benjamin: Mr. Mayor...
Mayor Suarez: I'm very interested in that last one. Assuming that, Don, that
you get the hundred thousand, how much money would the...
Mr. Benjamin: The diocese...
Mayor Suarez: ...other sources match it up with?
Mr. Benjamin: When we came here, we came with one story. The Episcopal
Diocese of Southeast Florida has already agreed to allocate $100,000 to the
loan fund as part of the fund. And we said that here.
Mayor Suarez: So, at that point, it would be a one to one match.
Mr. Benjamin: Well, if you want to put it that way. But we said that. That
has been said over and over. With respect to how these loans are to be
transacted, we said that here. The City people have consistently tried to
appear that this is a duplicative process. Again, we pointed out, no, it is
not. This is an attempt to make sure that the deal is done - and when we come
back to the done deal again. And we made all these arguments when we came
before this Commission in October last year and based on those same arguments
that he's making again, the Commission, in its wisdom, approved a resolution
to give us a hundred thousand dollars to get the thing started. All we are
saying is, they were instructed to look for the funds, the start of a Camillus
fund, they didn't find it. They haven't come back with any other explanation
except to say the program is duplicated. They have not said there is no money
because I have identified and they haven't disputed these funds.
Mayor. Suarez: OK. Vice Mayor Dawkins.
Vice Mayor Dawkins: The Manager just said, Mr. Benjamin, that we instructed
him to find the money and he could not find it. So that means there is none.
So now we have to hear from him.
Mr. Benjamin: But he just said there's money in the mini grant program which
is a loan and grant.
Vice Mayor Dawkins: In what now?
Mayor Suarez: Mini-UDAG.
Mr. Benjamin: Mini-UDAG. He said, there is money there in the grants and
loans program. He just said that.
Mr. Castaneda: Commissioners, we...
104 April 26, 1990
Ll
0-
Vice Mayor Dawkins: No, no, no, I need to hear from the tanager. The Manager
is the one told me he had no money.
Mr. Odio: When this issue came up, I was told to look for the money. I asked
Mr. Bailey, do we have any money? He said, no. We :.ave not found any money
to allocate to this program. We wrote you a letter, believe saying that we
couldn't find the - that we had no monies for this and that's...
Vice Mayor Dawkins; Well, now, you're saying you have no money and Mr. Frank
Castaneda is saying there is a mini-UDAG money available.
Mr. Odio: I don't have any money anyway.
Mr. Castaneda: No, but the mini-UDAG money is for project development.
Mr. Odio: That doesn't apply to what they want. They do not qualify for
mini-UDAGs.
Mayor Suarez: Are you saying unequivocally now, Frank, or Mr. Manager or
both, that they don't qualify for mini-UDAG funds?
Mr. Castaneda: No, no. The mini-UDAG fund is for project development. It's
a two to one match and so forth. What they want money is for administration
of a very amorphous type of project.
Mr. Benjamin: That is not true.
Mayor Suarez: Well, it's not amorphous when they're putting a hundred
thousand dollars. Very few other programs come in with $100,000 that they
have tendering right into the program, even if it's not two to one, it's one
to one. We've approved a lot of one to ones around here, as you know, for
loan programs.
Mayor Suarez: In fact, I think we've made exception in the mini-UDAG.
Mr. Castaneda: You approved one like that and that was the...
Mayor Suarez: Which one was that?
Mr. Castaneda: And the money has not been disbursed on that one, that was...
Mayor Suarez: Which one was it? Don't tell me about the money being
disbursed or not.
Mr. Castaneda: The hamburger place in Model City...
Vice Mayor Dawkins: Coin laundry, yes, the lady with the coin laundry, One
Stop Hamburger.
Mr. Castaneda: One Stop.
Mayor Suarez: Right. So we have approved others like that. I don't know
what to tell you. I thought I approved, for myself with my vote, a resolution
saying to find the money and make it available. Then we get all kinds of
different answers on the mini-UDAG program that your plans are in three
different forms. Then we get the answer, that's not really the problem. It's
that they just don't qualify for mini-UDAG because it's one to one grant,
among other things, or match, and yet we have another program that has a one
to one... I don't know what to tell you.
Mr. Benjamin: What, you mean...
Mr. Castaneda: Commissioner...
Mayor Suarez: I don't know what to tell you.
Mr. Benjamin: Well, I mean, I don't understand where they getting these
stories from because we have come here and given you the story and I'm doing
that again. The Diocese has allocated $100,000. It's a loan program that
will try to get the deal done. In our initial conversations, it was suggested
that we start in Overtown. We say, fine. We, again we said, this is a one
105 April 26, 1990
time request.. We're not, coming hank here for any... this is just to get
started. We have said this... all these things we've said. And they come
back and say, well - first they said, no money in the Camillus fund. We said,
fine. We did our research and we found thesF areas of funding. Then they
send another memo to the Commission talking about, it's a duplicative program
and a whole other arguments that were originally used when we came here. What
is going on? I mean, what sort of thing is this? What are we doing her--?
Mr.. Odio: I have to say again that we don't have the money at this time. It
is not the Commission's fault, they asked me to look for the money. I cannot
print money. I don't have it, especially for administration at a time when we
have a very tight budget here and we're going to have to cut some people off.
Mayor Suarez: There's no - wait, wait wait. I have to say something about
that. There's no indication, Mr. Manager, that you're supposed to take a
penny from General Fund, so don't get into the issue of laying people off.
Mr. Odio: OK. We don't have any monies that we take even from Community
Development. If we had it, it affects the total.
Mayor Suarez: We first told them we were going to have you look in the
Camillus fund, in the Camillus purchase capital funds that were presumably
earmarked for that. Then we said - I think we said CDBG because I remember
talking about CDBG...
Mr. Odio: Yes.
Mayor Suarez: Now, we're talking about mini-UDAG which is a program within
CDBG. Sounds like they're awfully close to qualifying for that. So, you
know, we're not talking about General Fund monies, you understand that. We're
talking about the various monies the City receives, either from sale of
capital properties or from the federal government under CDBG.
Mr. Odio: May I suggest, since we give so much money to...
Mayor Suarez: You certainly may suggest something.
Mr. Odio: ...to tools, what did it call that, tools?
Mr. Castaneda: Tools for Change.
Mr. Odio: For change.
Commissioner Plummer: Tools for progress.
Mayor Suarez: Planned process, tools for change.
Mr. Odio: Why couldn't they go and apply them since it's supposed to be
monies used for economic development of the black community and this is what
they're trying to do.
Mayor Suarez: The problem with that is, again, you have... what you're saying
is, to them, is that they're duplicating something and that you somehow are
against them duplicating.
Mr. Odio: I am not against duplication.
Mayor Suarez: I don't know why you would be against someone who is willing to
put their own money on a one to one basis to create economic development in
our communities. No one else recently has done that. Certainly no church, no
organized group of people has done that and I don't know why you oppose it,
because of a duplication.
Mr. Odio: I don't oppose it, 1 just don't have the money.
Commissioner Plummer: He's not opposed, there's just no money.
Mr. Odio: I don't have the money.
Mayor Suarez: There's a million dollars in mini-UDAG funds available.
106 April 26, 1990
Mr. Castaneda: Commissioners, we gave money to 1,lzami Capital, ynii know. If.,
you know...
Vice Mayor Dawkins: I'm getting like the Mayor now. See, I'm tired of you
telling me what you did, see? If you tell me you have no money, so if you
have no money, stick with that. You know, don't keep jerking me around
telling me about over here you got that and you got this. I'm like him, I
don't know what you're doing. If you got money, give it to him. If we don't
have any money, say we don't have any money and let it go at that. Don't keep
going from one program tell him he ought to go here. We gave money to Miami
Capital, he should go apply to Miami Capital. It's obvious he applied to all
those places and didn't get nothing. That's why he's here to us. So now,
either you have the money or you don't.
Mayor Suarez: And the worst thing of all is that if we don't use the mini-
UDAG funds, I have a feeling that the HUD will take them back. Is that not
the case?
Mr. Castaneda: That's part of Community Development. We're supposed to use -
make necessary and appropriate...
Mayor Suarez: How long do we have to allocate the mini-UDAG funds?
Mr. Castaneda: Indefinitely.
Mayor Suarez: Indefinitely.
Mr. Castaneda: Indefinitely...
Mayor Suarez: I hope they're accruing interest somewhere in some account.
Mr. Castaneda: No, no. Remember, we cannot draw on the money until the money
is expended. What we do instead is do...
Mayor Suarez: They actually hold out the money for us to find programs.
Mr. Castaneda: Right. What we do instead are community development floats...
Mayor Suarez: Well, I will give it one last try on this. If the rest of the
Commission wants to go along with it. And that is to instruct you to try to
fit their program to the mini-UDAG funding program and work with them to do
that. And don't come back saying they have three different proposals. Tailor
their proposal, help them to tailor it to the mini-UDAG.
Commissioner Plummer: How do you do that in face of the man telling you they
don't qualify?
Mr. Castaneda: No, Commissioners, what I have said that I have talked to
different members of the board and they've told me different stories.
Mayor Suarez: They do. One of the reasons he said they don't qualify is not
a two to one match and yet he admitted there's a one to one match in another
program, J. L.
Commissioner Alonso: What did he say? What did he say?
Mr. Castaneda: I have talked to different persons in their group that has
told me completely different stories.
Commissioner Plummer: Such as?
Mr. Castaneda: Such as one that the Episcopal fund wasn't going to put any
money. That they were going to get the money from RTC, from the banks in
order to do that, and the banks were going to process it. And they did not-,
understand why they needed $100,000 from the City of Miami.
Commissioner Alonso: Frank, is it- that's why the money is not available?
Because of these doubts that you have?
Mr.. Castaneda: I had a lot of doubts. They did not: go through the process in
the community development process. The board never made a recommendation for
this project and for those reasons, it was not included in the recommendation
from the City.
107 April 26, J.990
Commissioner Plummer: Well., our money would not, be. paid at bQst until. their
money is in the bank.
Mr. Odio: What he has said, the hundred thousand would have to be taken from
the total CDBG allocation and that was not done. At this moment, we just
don't have any money extra to give out. We had to find an additional ninety-
six thousand that we had to put back into that, and that's it.
Mr. Benjamin: We were not required, we are not a CDC, we were not required to
go to the CDBG process or anything of the sort. This was never, never said to
US. We never understood that.
Mayor Suarez: And in the meantime, nobody has a copy of the resolution. I
don't .remember you being required to go through the Advisory Board process. I
remember us saying, we had allocated $100,000 and he was instructed to find it
in one of two places. The money is possibly available in mini-UDAG loans. I
don't see why we don't take it from there.
Commissioner Alonso: He was not instructed to go, so that's why he didn't
go...
Mayor Suarez: Exactly,
Vice Mayor Dawkins: Mr. Mayor...
Mr. Benjamin: He was instructed to go where he can find it, starting off with
Camillus.
Mr. Castaneda: We did send him letters to go.
Vice Mayor Dawkins: Mr. Mayor...
Mayor Suarez: All right, let's try a motion here so we can move on to the
next item.
Commissioner Alonso: You did?
Mr. Castaneda: Yes.
Vice Mayor Dawkins: ...I have a motion...
Mayor Suarez: Mr. Vice Mayor, try a motion, please.
Vice Mayor Dawkins: OK. As the Mayor has stated, we have made one to one
loans, OK? I move that they be loaned $100,000 the day they bring in $100,000
cash from the diocese and we match it one to one as a loan.
Commissioner Plummer: What are the terms and conditions of the loan?
Vice Mayor Dawkins: Whatever you impose as my fellow Commissioner.
Commissioner Plummer: No, I'm not trying to impose was...
Vice Mayor Dawkins: No, 1 mean, whatever... no....
Mayor Suarez: What are the criteria of the mini-UDAG program, Frank?
Commissioner Plummer: How soon do they pay it back at what interest?
Mayor Suarez: Well, the same as any other mini-UDAG. What are the criteria?
Mr. Cast.aneda: Well, this is a completely thing... what they were going to
use the money was for administration.
Mr. Benjamin: Right.
Vice Mayor Dawkins: OK, well then all we have to tell them, Frank, that they
can't use it for administration.
Mr. Benjamin: But the mini-UDAG is used for both loans and grants.
108 April 26, 1990
Vice Mayor Dawkins: Look, now see, you can't -- now, wiit a minute, now, hold
it, hold it. You can't tell me how to tell. him to do his job.
Mr. Benjamin: No, no, I'm not telling you...
Vice Mayor Dawkins: OK, now, come on, I'm with you, a hundred percent. But I
pay him to advise me. That's what we pay - and when I get in the bind with
the federal government for violating the laws, he's going to tell me, I told
you so. OK? So, now bear with me. Now, go ahead, sir.
Mr. Castaneda: The intent of the mini-UDAG program was to do development.
Vice Mayor Dawkins: Huh?
Mr. Castaneda: It's to do development, like the Haitian Iron Market and so
forth...
Commissioner Alonso: That's exactly what he wants to do.
Vice Mayor Dawkins: Well, all right - well, wait a minute.
Mr. Castaneda: No, no, no, he wants to act as a lending institution.
Vice Mayor Dawkins: Is economic development the same as building development?
Is development, development?
Mr. Castaneda: Development, I'm talking about physical developments...
Vice Mayor Dawkins: Well, then...
Mr. Castaneda: ...buildings and the Iron Market Place, the project in Model
City and so forth. The City's lending arm for working capital and so forth,
is Miami Capital and that's where we allocated this year close to one million
dollars.
Mayor Suarez: Why do you have a problem with another agency...
Mr. Castaneda: Because we keep dividing our resources.
Mayor Suarez: ...providing its own funds to act as another lending agency
subject to the same criteria and to the same goals and purposes as the City is
doing in all its other economic development efforts and subject to federal.
guidelines on CDBG? Why do you have a problem?
Mr. Castaneda: Let me explain the argument, Commission.
Mayor Suarez: All right, if you don't have any problem with that, in the
absence of any other motion, I move that we do precisely that.
Commissioner Plummer: Do what?
Mayor Suarez: I was hoping you wouldn't ask that. I move that we instruct
the Manager and staff to work with the Episcopal Loan Fund to include them in
our mini-UDAG program subject to all the federal requirements. That's it.
But minimum absolute requirements. Don't be saying, we prefer two to one
matches, we prefer this or we prefer that you don't act as a lending agency.
If, as a lending agency, they ultimately will help develop that community with
high 'Leverage that they bring in from their own funds, they're going to be
doing more for development than some of the other programs we have, including
Miami Capital where we have to provide the administration to review the loans,
the administration to collect on them, the administration to figure out if
they're good loans and if the people really are going to do something. In
this case, they're doing all of that, So they're entitled to some money for
administration. You know that, Frank.
Mr. Castaneda: Well, my understanding is that they want us to pay for all of
that.
Mayor Suarez: That's my motion.
Commissioner Plurwrer: Is the Episcopal Diocese going to back up the trust
fund?
109 April 26, 1990
I]
2
Mr. Benjamin: The Episcopal. Diocese has already allocated a hundred thou...
Commissioner Plummer: You didn't hear my question.
Mr. Benjamin: What do you mean by back? -I'm not too sure.
Commissioner Plummer: If this fund, this Episcopal Community Development Loan
Fund, Inc. goes broke who backs it up with what collateral to make sure that
the City gets its money back?
Mr. Benjamin: I'm sure the Episcopal Diocese would do that.
Commissioner Plummer: You're sure that will be in writing?
Mr. Benjamin: Absolutely. Because we, of the...
Commissioner Plummer: That will be in writing.
Mr. Benjamin: We can put that. in writing, yes.
Commissioner Plummer-: What do you mean? If I can't get it in writing, he
don't get the money.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: You bet your bippy.
Mr. Benjamin: Sure.
Commissioner Plummer: I have no problem with the Mayor's motion to tell them
to work with the administration if they qualify. Yes, if they qualify.
Vice Mayor Dawkins: Is there a second to the Mayor's motion?
Commissioner Plummer: Yes, I second the Mayor's motion.
Vice Mayor Dawkins: All right, there's a second to the Mayor's motion.
Commissioner Plummer: With these provisos. That if the money is found...
Vice Mayor Dawkins: After this editorial, we will vote. Go right ahead, sir.
Commissioner Plummer: You know, you're going to go from a Blue Brother to a
purple because I'm going to beat your head soft. Two provisos. Number one,
that the Episcopal Church, the Episcopal Diocese give a letter of guarantee.
Two, that we don't issue the first dollar until their dollars are in the bank.
Under those circumstances and those two conr,itments, then, in fact, work with
the administration to see if they qualify for mini-UDAG then I'm in accord.
Vice Mayor Dawkins: Any further discussion?
Mayor Suarez: I accept those modifications to the motion, by the way, Mr.
Vice Mayor.
Vice Mayor Dawkins: Any further discussion? Call the roll, Madam Clerk,
please.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 90-322
A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH
EPISCOPAL COMMUNITY DEVELOPMENT LOAN FUND, INC. TO TRY
TO INCLUDE ITS PROGRAM AMONGST THOSE PRESENTLY
CONTAINED IN THE MINI U.D.A.G. FUNDING PROGRAM,
SUBJECT TO THE FOLLOWING PROVISIONS BEING MET: (1)
THAT THEY COMPLY WITH ALL FEDERAL REQUIREMENTS; (2)
THAT THE EPISCOPAL DIOCESE GIVE A LETTER OF GUARANTEE
AS COLLATERAL FOR THE LOAN; AND (3) THAT THE CITY WILL
NOT ISSUE ANY DOLLARS UNTIL THE AGENCY'S DOLLARS ARE
IN THE BANK.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Benjamin: Thank you very much.
24. DISCUSS AND TEMPORARILY TABLE PROPOSED REPAYMENT SCHEDULE Or DOCKAGE
MONIES OWED TO CITY BY THE VESSEL "HERITAGE OF MIAMI II" (See label 32).
------------------------------------------------------------------------------
Mayor Suarez: Item 15. Heritage of Miami II, proposed repayment schedule.
Are they here?
Commissioner Plummer: Yes.
Mayor Suarez: What's the story, John?
Mr. John Thomas: Thank you, Mayor, Vice Mayor, and Commissioners, I'm John
Thomas, 3037 S.W. 4th Avenue, Miami. I'm going to boil this down. I think
the Commission is familiar with the situation of Joe Maggio and the ship,
schooner, Heritage of Miami, which sails out of Bayside, takes people on tours
for an hour and a half for $10 a person. Joe Maggio owes money to the City of
Miami. He's paid down a debt from $17,000 to about $13,000 now. However,
he's headed for the rocks unless he gets some relief from the payments he has
to pay every month. He thought he could pay $700 a month and he cannot. He
cannot earn enough money sailing that vessel and pay $700 to the City of
Miami. What he can actually pay is about $150 a month. What we're here today
is to ask you to relieve him of the burden that he has a commitment for in
allowing him to structure this on a debt that he can live with over a ten year
period is what we've estimated it would be for $150 per month. With the
provision that if he is able to sell the boat which he had on the market, the
Heritage I, which is now the Albury, that he will pay the City debt out of the
sale of that boat. He's had that boat on the market, he expects it to sell,
you cannot say that it's going to sell at a certain time. That will be part
of the provision of this agreement that he will pay the City out of the
proceeds of that sale. Second provision will be that right now, we have a
debt that's on a piece of paper. What we'll give you is a lien against that
second boat, the William C. Albury that's for sale. We'll give this City a
lien for the amount that's outstanding so that the City will be paid on the
sale of that vessel by the legal effect of a lien. I should advise the
Commission that the Waterfront Board asked to look into this matter.
Yesterday they had a meeting, they passed a resolution that recommended that
the City Commission allow the Waterfront Board to look into the finances of
the schooner Heritage to determine his ability to pay and the valuation of
this schooner.
III April 26, 1990
AL
Mayor Suarez: Well., that racy be the thing to do because I think we've also
got a resolution, maybe even an ordinance, that says that they're supposed to
look at waterfront items before we make a final determination.
Mr. Jorge L. Fernandez: But this is not a waterfront item, Mr. Mayor. This
is merely a matter of a debt that is owed to the City and, again, as in...
Mayor Suarez: OK.
Mr. Fernandez: Just a matter of my input in this. This is the subject of a
lawsuit. This is the subject of a settlement stipulation between the parties.
The City has already obtained for that matter, a final judgment, which can be
enforced. I understand...
Mayor Suarez: It sounds like you're going to recommend against this. Is
that...
Mr. Fernandez: No, I have no recommendation to make. I just want to make
sure that whatever decision you make, you make it fully informed and I know
that you have not heard from me in this particular item and I'm advising you
that this is an issue that has been...
Mayor Suarez: Well, you've got a final judgment that says we're entitled to
the money.
Mr. Fernandez: Correct.
Mayor Suarez: How much?
Mr. Fernandez: The item in dispute now, the administration tells me, has
changed and it's thirteen thousand...
Mr. Albert Ruder: It's $13,509.67.
Mayor Suarez: Roughly thirteen -five. Mr. Manager, what is your
recommendation or. this?
Mr. Odio: Well, they're paying us $700 a month for the debt that they owe.
Mr. Thomas: We pay right now, five hundred eighty on the schooner.
Mr. Odio: Can I talk? Do you mind if....?
Mr. Thomas: I'm sorry.
Mr. Odio: And they also have dockage fees. They pay five hundred and
eighty...
Mayor Suarez: Yes, I was going to say, the $150 they're proposing to pay does
not include what they pay for dockage, obviously.
Mr. Odio: No, no, they pay for dockage separate from the debt service.
Mayor Suarez: That's just for reducing the debt?
Mr. Odio: Right. If you will so...
Mayor Suarez: Do you have a recommendation in between or do you think that we
should just say, no, pay the debt or be gone and we'll find somebody else, or
what?
Mr. Odio: No, I have a problem. I think they do provide a important service
to that area and somehow, if we could find relief for them, but not at the
extent that they are asking.
Mayor Suarez: What they're asking is a little steep. Do you want to table
the item and try to work something...
Mr. Thomas: That's why we asked the Waterfront Board to look into it as
people who are...
I12
April 26, 1990
Mr. Odio: The Waterfront Board has nothing to do with this, thoy're...
Mayor Suarez: They have very little to do with it.
Mr. Thomas: They've asked to hear it.
Mr. Odio: They are an advisory board.
Vice Mayor Dawkins: Mr. Mayor, let me have a little input.
Mayor Suarez: Mr. Vice Mayor, go ahead.
Vice Mayor Dawkins: I am in favor of reducing the debt, but I can't vote to
go from seven to one. 1 keep continually telling everybody Bayside sold the
City of Miami a bill of goods. The amount of traffic that Bayside predicted
would travel through - I mean, the Rouse Company predicted would travel
through Bayside, has never gone through there. Therefore, this gentleman
perhaps projected his income on the figures presented to him by Rouse Company
as the amount of traffic that would come through there and he has not been
able to meet his debt service because the traffic has not gone through there.
Mr. Thomas: That's accurate.
Vice Mayor Dawkins: So, I'm in favor of assisting him, but I would, Mr.
Mayor, I would move for two -fifty, but not for a hundred, a hundred and
seventy-five.
Mr. Thomas: We're asking you to...
Mayor Suarez: Do you want them to work it out and table the item for a little
bit to see what they can squeeze out. Two -fifty might not fly, I just want to
advise you that's a very generous proposal. OK, we'll table the item for a
few minutes and hopefully you'll have some kind of a... I know you have your
hard negotiator there. He looks like he's ready to dig into them.
25. DISCUSS AND REFER TO MANAGER A REQUEST FOR CLOSURE OF STREET AT
INTERSECTION OF INAGUA AVENUE AND S.W. 27 AVENUE.
Mayor Suarez: Bob Fitzsimmons. This is not the portion of the agenda devoted
to my items, Commissioner Plummer, although it might look that way. A lot of
people request us to put items on the agenda.
Vice Mayor Dawkins: I saw Bob, Mr. Mayor.
Mayor Suarez: Bob was here with Fred Pitone.
Vice Mayor Dawkins: Here tie is.
Mayor Suarez: What's the story on this street closure? I know this has been
kicking around. He probably has briefed all the Commissioners on it forever
and ever. Does Public Works and City Manager recommend or where are we on
this?
Robert Fitzsimmons, Esq.: It's so misleading on the agenda, it's not a street
closure. What he is attempting to do is vacate the street. He owns part - I
can show you on the...
Mayor Suarez: He's trying to vacate and give it to us, the street. Not
quite.
Mr. Fitzsimmons: No, he wants to take the street back. And in doing so...
Mayor Suarez: And he wants us to vacate. That's interesting.
Commissioner Plummer: Who wants to take the street back?
Mayor Suarez: I think he means to give us an equivalent amount of land, but
let's...
113 April 26, 1990
AdOh
Commissioner Plummer: Oh, this is across the street from the E-7-Quik?
Mr. Fitzsimmons: Yes. The street is closed. He owns both sides of the
III street on 27th. It is not a buildable lot. What he is asking for is a replat
to have the City vacate the street in the middle and make it one parcel.
However, we have tried to get - the City is in favor of this. The City
Manager has written a memo stating that he was in favor of this because
Inagua, at that point, is not a significant street. However, the City
Attorney's office has said that it requires the approval and consent of all
the surrounding property owners. We have the property owner on the north or
the top...
Mayor Suarez: It's pretty tough to tell who the surrounding property owners
are when you have strangely...
Mr. Fitzsimmons: Well, it's one office building there which is Lester
Pancoast and Cavanaugh. On the bottom is Mr. Carrillo's building where the
City is located and everybody's familiar with that, that's a valet parking
bui.ding that has the cars all around it. And then, his property is to the
north and the south of Inagua. Now, Mr. Carrillo does not agree and so we
cannot proceed. We cannot force him to take his land back according to the
City Attorney's opinion. So we're at a deadlock as far as replatting the
entire block.
Mr. Cdio: As I understand it, one of the owners don't want to do this so we
cannot do it. There is nothing we can do about it.
Mayor Suarez: We have no discretion whatsoever?
Mr. Fernandez: No.
Mayor Suarez: Do ,you agree with that.?
Mr. Fernandez: That's the status of the law.
Mayor Suarez: Well, we got general disagreement here.
Mr. Prieto: I have a suggestion, that is one of the owners doesn't want to be
because it would add more land and, of course, more taxes. If that owner
would give a letter releasing his right to that right-of-way to an adjacent
owner and that other owner, for example, Carrillo, would then pick up that
land, that land can, in fact, be used by the other owner for parking, whatever
other use he wants. That would resolve the whole issue. There are several
other alternatives that were suggested.
Mr. Fitzsimmons: We have talked to him. We have gone so far as to find out
exactly how much the County would estimate would be the additional taxes. We
have done that and he has still refused to go along with us, OK, so that is
not a viable option. For whatever...
Conunissioner Plummer: Well, then there is no viable option.
Mr. Fitzsimmons: Well, the other option is what we are requesting is the
shaded area would be just to replat his property and the reason I'm before you
there, there is a requirement to do that in the code that says you shall have
a turnaround, the cul-de-sac which is a hundred feet, which would essentially
take more land away from him that he would get. What I would suggest is and
what I'm asking is, can we change that provision in the code - and I gave this
to the City Attorney - just saying, instead of "shall," making it mandatory,
giving the plat and street committee discretion to require it, if it's
necessary, or not require it, if it's not necessary.
Mr. Fernandez: For the T.
Mr. Fitzsimmons: For a cul-de-sac, it's not a T, it's a cul-de-sac.
Mr. Fernandez: Yes.
Mr. Fitzsimmons: Because this is a very short block, probably does not need
the cul-de-sac turnaround that is required by the code. Plat and street felt
their hands were tied and could not proceed because they had to have that cul-
114
April 26, 1990
de -sac. We ask the Commission's help whether we can change the code to give
discretion.
Mr. Fernandez: Yes, and if it's in your discretion to do that, to change the
language in the code from a "shall" to a "may," giving more latitude then to
the committee. But it's not addressing or dealing at all with the issue of...
Mayor Suarez: And the ultimate decision of whether they allow this replatting
is up to them then.
Mr. Fernandez: Yes. But, we're not talking about replatting, we're only
talking of doing the cul-de-sac.
Mr. Fitzsimmons: Right. To assist in ultimate replatting.
Commissioner Plummer: What does the City benefit?
Mr. Fernandez: Wow, that's... I don't know.
Commissioner Plummer: No, I'm asking.
Mayor Suarez: Usually when we...
Commissioner Plummer: How does the City benefit?
Mayor Suarez: When we vacate the use of some properties, we get...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: What?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: The Fire Department wouldn't like it. That's what the
City gets.
Commissioner Alonso: Is this going to create a precedent that people are
going to come and say, close my street, I want to plat this over and take it
over?
Mayor Suarez: They do that all the time.
Commissioner Alonso: Is this going to be a precedent...
Mayor Suarez: They do that all the time.
Mr. Fitzsimmons: Let me distinguish, it's not closing a street, it's the code
has a provision that if you have a dead end street, you have to have this
turnaround. If, in a replatting situation, which we can't get around.
Mayor Suarez: But you are asking us to... or you will be, at some point,
asking us to vacate?
Mr. Fitzsimmons: Correct, we have gotten stopped at plat and street because
they say, in order to approve it, we have to have a cul-de-sac and the cul-de-
sac takes more land than he's actually asking for.
Mayor Suarez: Usually the way we do these, if I'm not mistaken, for my own
understanding and Commissioner Alonso's, because I'm equally confused but,
it's when the person owns both of the abutting properties and they come in and
they ask for a closing and Commissioner Plummer suggests that they make some
sort of a contribution on a volunteer basis to the City, which they always
volunteer, etcetera, etcetera. Right? Isn't that the way we usually hit
these, except...
Commissioner Plummer: More or less.
Mr. Rodriguez: Yes.
Commissioner Plummer: "Mas o menos."
Mr. Rodriguez: But...
115 April 26, 1990
AMk
Mayor Suarez: In this particular case, we have one abutting property owner
who doesn't go along with it.
Mr. Rodriguez: Right.
Commissioner Plummer: Yes, you got a problem.
Mr. Rodriguez: Mr. Pitone goes along with both sides of his property, of
course, and he wants to close that. To enforce the requirements now, it will
require to have a cul-de-sac, so they are asking, the representatives of Mr.
Pitone, are asking for a change in the code that will remove the word "shall"
and change the word "may." So you can direct us to do that if you want to.
The other possibility will be if we were to get some agreement between the two
property owners, Pancoast and Carillo. The only solution that I could think
of and I would like, maybe, to throw this to the Law Department and see what
they think is, if both of them were to abandon the street and if one of them
didn't want to keep the land because it will increase the taxes on his
property, that there may be a way in which we can work it out that he can
donate the land either back to the City or to the other adjacent property
owner that will allow them to have parking for us to serve that building in
which we're...
Mayor Suarez: Oh, we may have a need for some of that land.
Mr. Rodriguez: That's the reason that I think they might be able to... it is
of some interest to us that we have use of that for parking.
Mayor Suarez: Maybe we ought to send it back to the drawing board with
suggestion that you pursue those two or three different alternatives and come
back with a recommendation.
UNIDENTIFIED SPEAKER: Agreed, yes.
Mayor Suarez: I have no problem with changing the code, Bob, but I'm looking
for something here that flies today since we have so many other items left.
We haven't even gotten close to planning and zoning. And if It comes back
with a recommendation that includes the City getting something, I have a
feeling the Commissioners will be that much more disposed to figure out a
solution for you and for Fred. Maybe we won't get to see Fred as often at
City Hall after all of that.
Mr. Fitzsimmons: OK, so the City Manager's office will look into it and I
should contact them.
Mayor Suarez: Does that make sense? Great. I don't think we need a motion
on that, do we?
116 April 26, 1990
-----------------------_------------------------------.------------ ---- ----
26. (A) (Continued Discussion) RECONSIDER PROPOSED RESOLUTION FOR
ISSUANCE OF $13,000,000 OF SPECIAL OBLIGATION REFUNDING BONDS TO -_
REDEEM OUTSTANDING OBLIGATION BONDS (SERIES 1985).
(B) AUTHORIZE ISSUANCE OF $13,000,000 OF SPECIAL OBLIGATION
REFUNDING BONDS TO REDEEM OUTSTANDING SPECIAL OBLIGATION BONDS F
(SERIES 1985) (See label 19).
Commissioner De Yurre: Mr. Mayor...
Mayor Suarez: Yes, Commissioner De Yurre.
Commissioner De Yurre: Could I tiring up for reconsideration item number 8,
the bond issue...
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and seconded to reconsider item 8. That was the
$13,000,000 bond issue for refinancing. Lost three to two, is that right?
Commissioner De Yurre: That's right.
Mayor Suarez: OK, so moved and seconded. Call the roll on the motion to
reconsider.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 90-323
A MOTION TO RECONSIDER PROPOSED RESOLUTION AUTHORIZING
THE ISSUANCE OF SPECIAL OBLIGATIONS REFUNDING BONDS IN
THE AGGREGATE PRINCIPAL AMOUNT OF $14,000,000 FOR
PAYING OR REDEEMING PRESENTLY OUTSTANDING SPECIAL
OBLIGATION BONDS AT THEIR RESPECTIVE MATURITIES.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre =-
Commissioner J. L. Plummer, Jr. —
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez -
NOES: None. -_
ABSENT: None.
Commissioner De Yurre: Yes, Mr. Mayor, I'd like to move this item and I've
been appraised by the Finance Department that there's no change in the number -
of years compared to what it exists right now as to the new bond issue. That
there's a net savings of at least $500,000. So, based on the fact that we're not prolonging this bond issue, I'm going to be voting for it and changing my
vote from no to yes.
Mayor Suarez: OK, on that basis, having been apprised of all that by Finance,
we have a motion. Do we have a second? Are you? Somebody?
Commissioner Plummer: Second.
Mayor Suarez: Thank you. Call the roll.
Commissioner Plummer: Third.
Vice Mayor Dawkins: Under discussion, for the same reason that I voted no
before, I will vote... for the same reason I voted no last time, I will vote
no this time. No one has assured me that the $500 savings will be taken and
applied to the principal. Now, you're just telling me that you're saving
117 April 26, 1990
$500,000 and if you're saving $500,000, it should be applied to the principal
so that I would not be paying interest for 20 years on a half a million
dollars that I wouldn't need.
Mayor Suarez: OK..
Commissioner. De Yurre: Well, how many years do we have remaining on this
bond?
Mr. Carlos Garcia: Seventeen.
Commissioner De Yurre: And if we're going to remain with 17.
Mr. Garcia: Yes, sir.
Commissioner De Yurre: OK.
Mayor Suarez: All right, is it an ordinance or is it just a resolution?
Mr. Garcia: Resolution..
Mayor Suarez: Call the roll then.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-324
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $13,000,000 AGGREGATE PRINCIPAL AMOUNT OF
SPECIAL OBLIGATION REFUNDING BONDS OF THE CITY OF
MIAMI, FLORIDA, FOR THE PURPOSE OF PAYING AT TIiEIR
RESPECTIVE MATURITIES OR REDEEMING ALL OR A PORTION OF
THE OUTSTANDING SPECIAL OBLIGATION BONDS, SERIES 1985,
OF THE CITY, ISSUED PURSUANT TO ORDINANCE NO. 10014,
AND PAYING THE COST OF ISSUANCE OF THE BONDS;
PROVIDING FOR THE PAYMENT OF SUCH BONDS AND THE
INTEREST THEREON FROM THE NET REVENUES OF THE OFF-
STREET PARKING FACILITY REFINANCED FROM THE PROCEEDS
OF THE SERIES 1985 BONDS AND CERTAIN DESIGNATED NON AD
VALOREM REVENUE SOURCES OF THE CITY; DESCRIBING THE
TERMS, SECURITY AND OTHER PROVISIONS OF' THE BONDS;
SETTING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS
OF THE BONDS; PROVIDING CERTAIN OTHER DETAILS RELATING
TO THE ISSUANCE OF SUCH BONDS, INCLUDING THEIR SALE
THROUGH NEGOTIATION; APPROVING A PURCHASE CONTRACT;
APPROVING AN ESCROW DEPOSIT AGREEMENT; APPROVING
AND/OR RATIFYING AND CONFIRMING THE PREPARATION AND
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND
AN OFFICIAL STATEMENT; PROVIDING SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
ABSENT: None.
118 April 26, 1990
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27. GRANT REQUEST BY JAPANESE SPRING FESTIVAL FOR WAIVER OF MISCELLANEOUS —
USER FEES FOR USE OF WATSON ISLAND.
Mayor Suarez: Item 17.
Mr. Santiago Leon: I'm Santiago Leon, I'm executive director of Friends of
the Japanese Garden. I'm here on behalf of the organization today because
Agnes Youngblood, the president, is out of town on a business matter.
Mayor Suarez: You're not paid for your appearance today, are you, Sandy?
Mr. Leon: No. I have...
Mayor Suarez: Otherwise you have to fill out a form, that's the only reason I
ask.
Mr. Odio: If I may...
Mayor Suarez: I'm not trying to deprive you of any fees, you know...
Mr. Leon: Yes.
Mayor Suarez: What do they need and what do we recommend, Mr. Manager, to
cut...
Mr. Odio: Well, there's nothing we can recommend. We don't have any funds
anyway for this, but this group has signed a contract for the management of
this garden and it states they're responsible for all City related expenses
_ for festivals. And expenses other than labor, that is concession fees and
such, would be used only in Japanese Garden for improvement. So, therefore,
they signed a contract saying they would never come here and asking for
anything.
Mayor Suarez: Maybe then...
Mr. Leon: No, I think what we're here today, is not to dispute either the
letter or the meaning of the contract. The contract is perfectly clear. What
we would like to do is to ask the Commission, in its discretion, to waive such
fees as it may be possible to waive on this matter, in view of the fact that
all the funds that we would have at our disposal will continue to be poured
into promoting the use and the appreciation of the garden.
Mr. Odio: A thousand dollars are the fees. And if you so wish to do that...
Mayor Suarez: Is it a thousand dollars, but you're not talking about for the
use of the facility, which they are already managing, right?
Mr. Odio: All the fees for park permits, stage rental, barricade rentals,
trash barrels, dumpster rentals...
Mayor Suarez: Aren't you managing this very facility or are you doing the
event somewhere else?
Mr. Leon: Yes. No, in fact, may I pass these out? Is that all right? These
are flyers on the festival.
Mayor Suarez: You can pass anything out you want, but it's a simple question,
Sandy... _
Mr. Leon: No, the answer is, we're - yes, we're doing a Japanese festival, a =
Japanese Spring Festival this weekend. We're doing it, we're doing it... -
Mayor Suarez: At?
Mr. Leon: At and near the garden.
Mr. Odio: On only Watson Island.
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119 April 26, 1990
Q
Mr. Leon: On Watson Island, that's correct, yes.
Mayor Suarez: I mean, as to the rental, I can't imagine that we would charge
a group that is already helping us to manage and maintain their facility out
of the kindness of their own heart, rental for the use of the thing.
Mr. Kevin Smith: Mr. Mayor, they are also using additional portions of the =_
Watson Island, so ...
Mayor Suarez: Well, I know, but what is the rest of Watson Island look like
most of the time? It's a parking lot. I mean, are they also asking for some
in -kind services and all of that? Because If so...
Mr. Odio: Yes, well that we cannot do. All you can actually waive is the
thousand dollars.
Mayor Suarez: But that's not an out-of-pocket for us. It's just...
Mr. Odio: It's not an out-of-pocket cost.
Mayor Suarez: All right, well I have no problem with that, particularly since
they're doing all that fine work there in the Japanese Gardens. As long as
we're not talking out-of-pocket or paying for any services or anything else
that might be needed for the festival.
Mr. Odio: No, it is not out-of-pocket.
Mayor Suarez: And that we wouldn't otherwise be using that facility for
anything else on that particular date at that particular time.
Commissioner Plummer: So what are we waiving? The rent?
Mayor Suarez: Yes.
Commissioner Plummer: Only the rent. How much is the rent?
Mr. Odio: Total adds up to one thousand dollars for all the rent and this is
not an out-of-pocket cost.
Mayor Suarez: OK, I'll entertain a motion...
Commissioner Plummer: Move it.
Mayor Suarez: ...on that. Thank you. I'll second it. Call the roll,
please.
Vice Mayor Dawkins: Any further discussion? Call the roll, Madam Clerk.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-325
A RESOLUTION GRANTING THE REQUEST OF THE ORGANIZERS OF
THE JAPANESE SPRING FESTIVAL, TO BE HELD APRIL 13-19,
1990 AT WATSON ISLAND FOR THE WAIVER OF CERTAIN FEES
FROM THE DEPARTMENTS OF PARKS AND RECREATION, SOLID
WASTE, FIRE AND RESCUE, FINANCE AND THE POLICE
DEPARTMENT IN A TOTAL AMOUNT NOT TO EXCEED $1,000;
CONDITIONED UPON THE ORGANIZERS OBTAINING INSURANCE
REQUIREMENTS AS MANDATED BY THE CITY OF MIAMI AND
PAYING FOR ANY COSTS ABOVE A1dD BEYOND THOSE FEES
GRANTED BY THIS RESOLUTION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
120 April 26, 1990
AYES: Commissioner Victor De Yurre
=f Commissioner J. L. Plummer, Jr. --
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
--------------------------------------------------------------------------------
28. AUTHORIZE MANAGER TO RELEASE DEPOSIT MADE BY MS. COREY BARRS TO SECURE A
RESERVATION AT THE ORANGE BOWL CONCERNING A CANCELLED RA',LY FOR THE
PLANET EVENT.
--------------------------------------------------------------------------------
Mayor Suarez: Item 18. Thank you, Sandy. Is there someone here on this
item?
Ms. Corrie Barrs: My name is Corrie Barrs.
Mayor Suarez: Oh, this is on the $1500...
Ms. Barrs: It's only a $1500 item. It's a ridiculous thing to...
Mayor Suarez: You deposited $1,500 with the Orange Bowl and you need...
Ms. Barrs: Right, you've already...
Mayor Suarez: ...and you need our approval to be able to get that money back
because you had the festival elsewhere, right?
Ms. Barrs: Right.
Vice Mayor Dawkins: Does she owe us any money?
Mr. Odio: No, no, no. They give it...
Vice Mayor Dawkins: All right, but she got - we got $.1,500 belong to her.
Mr. Odio: Yes.
Vice Mayor Dawkins: I move we give it to her.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Commissioner Plummer: Wait a minute, wait, wait, wait. I'd like to hear a
little bit more now.
Mr. Odio: Well, OK.
Commissioner Plummer: Whoa! They signed a contract for...
Mr. Odio: They signed an application that acknowledges her $1,500 deposit for
a Planet Earth Day at the Orange Bowl was not refundable.
Commissioner Plummer: They knew that when they signed it.
Ms. Barrs: Excuse me.
Mr. Odio: They knew that, but I cannot administratively give them back.
Ms. Barrs: Excuse me, that's not a fact.
Mr. Odio: It can only be the City...
Commissioner Plummer: And how long prior to the event did they cancel?
121 April 26, 1990
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Mayor Suarez: A
It."s refundable at the discretion of City officials.
Ms. Barrs: Excuse me...
Commissioner Plummer: No, he said, nonrefundable.
Mayor Suarez: And I'm contradicting him.
Mr. Odio: The application they signed said nonrefundable.
Mayor Suarez: Well, I was told by City Attorney that the code or something
says it's refundable...
Mr. Odio: Only the City Commission can make an exception to City code.
Commissioner Plummer: How long, prior to the scheduled date, did they notify
you that they were cancelling?
Mr. Odio: One month.
Mr. Alberto Ruder: He says about a month.
Mr. Odio: One month before it, Commissioner.
Commissioner Plummer: What's your recommendation?
Mr. Odio: Give him back his money.
Commissioner Plummer: Bye. I move it.
Ms. Barrs: And thank you very much for your previous assistance.
Mayor Suarez: It's been moved. Don't thank us. It's been moved by Vice
Mayor and it's been seconded by Commissioner Alonso.
Commissioner Alonso: Yes, yes, it's been moved and seconded and you're
jumping.
Ms. Barrs: Pardon me?
Mayor Suarez: Your breaching procedure. Call the roll. Notice I didn't say
violating procedure.
Commissioner Plummer: You come up with all these earth days and Planet Ocean
and...
J
Commissioner Alonso: Sea Green. -
Mayor Suarez: Save the Whales.
Commissioner Plummer: Don't eat tuna fish. _
Mayor Suarez: Call the roll. Save the whales.
-
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 90-326
A RESOLUTION AUTHORIZING THE CITY MANAGER TO RELEASE A
DEPOSIT IN THE AMOUNT OF $1500 MADE BY MS. COREY BARRS
TO SECURE A RESERVATION OF THE ORANGE BOWL STADIUM ON
THE DATES OF APRIL 21 AND 22, 1990 FOR A CONCERT TO BE
SPONSORED BY RALLY FOR THE PLANET, INC., SAID EVENT
-=
HAVING BEEN CANCELLED BY SAID ORGANIZATION.
-
(Here follows body of resolution, omitted here and on
-_=
file in the Office of the City Clerk.)
-
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
t
122 April 26, 1990
s e
AYES: Commissioner J. L. Plummer., Jr..
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins _
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Mayor Suarez: It was a fantastic event, by the way, and I had it all kinds of
compliments about it.
Ms. Barrs: Thank you for your assistance with the event. All of you.
Mayor Suarez: Bye, bye, don't thank us.
29. ACCEPT DONATION OF A SCULPTURE ENTITLED "UNIVERS" - SUBJECT TO
ADMINISTRATION BEING ABLE TO IDENTIFY AN APPROPRIATE LOCATION FOR IT.
Mayor Suarez: Eighteen, KB Development Video, entitled Economic Impact to the
Miami River on South Florida. Oh, big time realtor.
Mr. Bill Biondi.: Thank you, Mr. Mayor. My name is Bill Biondi. My business
address 1401 Brickell Avenue. I'm here to - hopefully, by now, the Mayor and
Vice Mayor and the City Commissioners have received the video which was put
together by the Greater Miami Chamber of Commerce and the Miami River
Coordinating Committee. We simply wanted to make you aware that that film was
available to you, have it for you and your staffs to review and to publicly
present it to you. The second reason I'm here this evening is to talk to you
about KB Development and 1401 Brickell donating to the City of Miami a
sculpture which now sits in front of the 1401 Brickell Building. If you don't
have in your packet, pictures of that, I'd like to hand them out now, Mr.
Mayor, if I may.
Mayor Suarez: Surely. Now, the fact that it's in front of 1401 Brickell and
that you're donating it does not mean that all of a sudden becomes somehow our
obligation to maintain it or something, does it? Are we getting something
here that's going to cost us by accepting it? You never know. You know about
big time realtors and how they do things.
Mr. Biondi: That's a good question, Mr. Mayor. It has been in front of the
building since 1972. It was originally commissioned by the original
developer, John Forte, for some $50,000. In terms of...
Mayor Suarez: I mean, supposing we said no, that's OK, we don't particularly
want it, but you can leave it there if you want. It still has the same
effect, right?
Mr. Biondi: No, we will move it. We want to donate it to somebody. We
thought we'd start with the City since the building is in the City of Miami.
If the City doesn't want it, we'll go to the County.
Mayor Suarez: I'm being very clear on this because we have accepted donations
in that past of memorabilia and other things that later turn out to be not
quite donations.
Mr. Biondi: Well, the sculpture is there for you to see. We welcome you to
go by and you probably already seen it...
Mayor Suarez: Or not see depending on what you think about it. All right.
Mr.. Biondi: We think it would be an added addition to the Parks and
Recreation Department or to Art in Public Places. We think that the City has
a number of parks that could use a nice contemporary sculpture and we felt it
appropriate to come to the City and attempt to donate this piece to the City.
It's 11 feet high. It weighs ten tons and the sculptor, Robert Hells Morteli,
recently was comnissioned by a developer in Browar.d County to put a sculpture
piece in front of his development and it's been very well received.
123 April 26, 1990
Mayor Suarez: I got a question for the City Attorney. Could we argue that
since this is .a fixture that we now, if we take it, own the whole building?
Mr. Jorge L. Fernandez: Yes, sure.
Mr. Biondi: I'm not sure if you want to own the whole building, Mr. Mayor.
;Mayor Suarez: We don't want the sculpture and we don", want the building. We
don't want to hear from you, Bill.
Commissioner De Yurre: Well, Mr. Mayor, can't we direct staff to look into
the issue and see if we can put it somewhere that it be of use to us and
that's the case, we can accept it.
Mr. Fernandez: Where are you going to put. it?
Mayor Suarez: The idea would be to take title to it, not possession. I mean,
it would stay on the site there as is...
Mr. Biondi: No, Mr. Mayor, it's for you to put anywhere you want. That's the
whole point.
Commissioner Alonso: You mean you don't want it there.
(Laughter)
Commissioner Plummer: I got a suggestion.
Mayor Suarez: I know where you're coming from. Madam City Clerk, this is a
portion of the record that you don't keep a record of.
Mr, Biondi: We're suggesting that it be put in one of the parks. Actually,
we thought it would look very nice right in the front here, in front of the -
as you enter Pan American...
Mayor Suarez: Can we block Commissioner Plummer's office? Can you put it
back here so it blocks his view of...
Commissioner De Yurre: Yes, until we get the sign, the City sign, that's
supposed to be there.
Mayor Suarez: That's right, in lieu of a City sign.
Mr. Odio: I think we have a committee of Arts in Public Places somewhere. I
don't know if we have it or who has it.
Conunissioner De Yurre: Well, how about in front of the Arena? We got to put
something there too. I mean, like there's - I'-) sure there are a number of
places that...
Mayor Suarez: Yes, could we give instructions to the City Manager to look at
logical locations for it and if, indeed, it's a good idea for us.
Occasionally, you do get a gift that ends up being more problem than...
Mr. Odio: And you will move it.
Mr. Biondi: We'll be happy to move it.
Mr. Odio: OK.
Commissioner De Yurre: Good, well that's my motion.
Mayor Suarez: Commissioner Alonso is going to head a committee to figure out
what problems it's creating for you that you want to give it to us.
Mr. Biondi: I told people I was coming here to give the City something and
they said, they probably won't accept it, so it won't surprise me.
Mayor Suarez: Eleven tons of a gift,
looking more likely that we might take it.
OK. He's going to move it. It's
All right, anything else, Bill?
124 April 26, 1990
UNIDENTIFIED SPEAKER: What's it made of?
Mr. Biondi: Pre -cast concrete. That's it, Mr. Mayor.
Mayor Suarez: OK, Mr. Manager, is that appropriate as a motion? You're going
to figure out if it makes sense for us to take it and where we would locate
it. It might even help us to fulfill our arts in public places requirement in
some project... —
Mr. Odio: That's what I mean.
Mayor Suarez: ...and save us one and a half percent of the capital cost of
some other project.
Mr. Odio: OK.
Mr. Biondi: It does have a value of $50,000 back in 1973. It's probably
worth more than that now. _
Mayor Suarez: Obviously.
Mr. Odio: We'll look at it.
Mayor Suarez: All right. We have a motion. I'll entertain a motion on that.
Commissioner De Yurre: I moved.
Mayor Suarez: Any second?
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? I£ not, please call the roll.
Commissioner Plummer: Is this it here?
Mayor Suarez: That's it.
Mr. Biondi: Yes.
Commissioner De Yurre: No, it's the thing behind it.
Commissioner Plummer: What is it?
Commissioner. De Yurre: It's a building.
Mr. Biondi: The name of it is Univers and it's an indication on the part of
the sculptor of man's ability to accomplish anything that he sets out to
accomplish.
Commissioner De Yurre: You couldn't tell that?
Mayor Suarez: That reminds me of this Commission, you know that. Descriptive
of what we do here.
Mr. Biondi: Art is truly in the eyes of the beholder.
Commissioner De Yurre: It's obvious.
Mayor Suarez: Don't say it.
Commissioner Plummer: How high is this thing?
Mr. Biondi: It's ten feet high. It's approximately 10 feet wide and it
weighs eleven tons.
Commissioner Plummer: Victor De Yurre is the official art critic. What does
it look like?
(Laughter)
Commissioner De Yurre: I only deal in vegetables, man, OK.
125 April 26, 1990
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Commissioner Plummer: What in the hell are we going to do with this thing?
No, honest to God, what are you going to do with this thing?
-; Mayor Suarez: Wait, wait, wait...
Mr. Odlo: We're going to put it behind your office.
' Mayor Suarez: It's going to block your - would the Catholic Arch Diocese
accept the sculpture?
_ Mr. Biondi: It would look nice right in front of the Exhibition Center.
Commissioner De Yurre: It looks like something that Bill Seidle carries in
his pocket. Right?
Mayor Suarez: All right. We have a motion and a second to have the City
Manager look at the sculpture and consider...
Vice Mayor Dawkins: We can put it on 36th Street in front of Bill Seidle's...
Mayor Suarez: That's right.
Vice Mayor Dawkins: Nissan.
UNIDENTIFIED SPEAKER: You might just as well the way they're moving out
around there, you might just as well do something.
Mayor Suarez: Let the record reflect that he was speaking negatively of the
area around 36th Street. We're not going to take any note of that. All
right, we have a motion and a second, do we not? Call the roil.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-327
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE DONATION, AT NO COST TO THE CITY, OF THE SCULPTURE
"UNIVERS" FROM KB DEVELOPMENT, INC. , AND DIRECTING
THE CITY MANAGER TO DETERMINE A SUITABLE LOCATION FOR
SAID SCULPTURE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez.
NOES: None.
ABSENT: None.
Mr. Biondi: Thank you.
Mayor Suarez: Thank you, Bill. We were being humorous about it because we
need a little bit of humor here, but it sounds like a serious gift and we
appreciate it. It might very well enhance the beauty of some...
Commissioner Plummer: Do you know what she's going for? Another thing in
ribs and roast, I'll tell you what she's going for.
Commissioner.De Yurre: You know, J.L., in retrospect, it probably goes along
with their broccoli design.
Commissioner Alonso: Leeks.
126 April 26, 1990
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Commissioner Plummer: The broccoli, art in public places. You're right.
30. DISCUSSION CONCERNING AUTHORIZATION TO PROCEED WITH FINAL SELECTION OF
PREQUALIFIED LOCAL BANKS - FOR CITY BANKING SERVICES.
Mayor Suarez: Item 21 before...
Vice Mayor Dawkins: Twenty?
Mayor Suarez: ...the boys and the girl get going on this.
Commissioner Alonso: Oh, my, my.
Vice Mayor Dawkins: What about 20? Twenty was withdrawn?
Mayor Suarez: We've done that, we've done that.
Mr. Odio: The selection committee has recommended Barnett Bank, Southeast
Bank, and Sun Bank as qualified proposers.
Commissioner Plummer: Say again? Barnett...
Mr. Odio: Southeast Bank and Sun Bank.
Commissioner Plummer: Southeast and Sun?
Mr. Odio: Yes, sir.
Commissioner De Yurre: Well, I got to get out of this one too.
_ Commissioner Alonso: So, now, we have to proceed with the selection based on
sealed bids.
Commissioner De Yurre: You all decide on what you want to do.
Vice Mayor Dawkins: Why? Why you can't?
Commissioner De Yurre: Because I got Barnett Bank....
Mr. Fernandez: That's right. All that you have done is that you have pre -
qualified. These three have been the ones that are pre -qualified. Now, the
process begins for them to submit and on the basis of the best proposal on a
sealed process, correct?
Mr. Garcia: Right..
Mr. Fernandez: Will be determined.
Commissioner Alonso: So, do you want us to move to proceed with the sealed
bids and just make the selection based on the best one?
Mr. Garcia: On the lowest bid, yes, ma'am.
Commissioner Alonso: Price only. OK?
Commissioner Plummer: For how many of them? For three?
Commissioner Alonso: We select one.
Mr. Garcia: To select one of the three banks as the official bank of the
City.
Commissioner Plummer: For a period how long?
Mr. Garcia: Two years.
Commissioner Plummer: Two?
127 April 26, 1990
Mr. Garcia: I'm sorry, five years.
Commissioner Plummer: Five years?
Commissioner Alonso: Why five years?
Mr. Garcia: Sorry, three years.
Vice Mayor Dawkins: Is there a motion?
Commissioner Alonso: Yes.
Mr. Fernandez: There is really no need for action on this.
Commissioner Alonso: No need? OK, so proceed just based on price only.
Mr. Fernandez: This is just a report to the Commission and letting you know
that now the process will...
31. BRIEF COMMENTS BY COMMISSIONER DE YURRE CONCERNING PROPOSED COMMISSION
AWARENESS PROGRAM.
Vice Mayor Dawkins: Item 22.
Commissioner Alonso: You see, when they leave, we move fast.
Commissioner De Yurre: Well, let's go on 22. On 22, I just wanted to remind
the Commission about the Commission Awareness Program. You're going to be
receiving tomorrow some more information and I'd like to bring it before the
Commission on the first meeting in May so we can come to a head and make Up
our minds what we want to do with this. You know, basically, we've broken it
down to different departments and what I would like to have is some input from
you as to what departments you would like to be more involved in so we can
pretty much divide different departments in the City per Commissioner. So, if
I can get some feedback from you in the next couple of weeks before the next
meeting, the I'd appreciate and we can put something together. That's it.
Thank you.
32. (Continued Discussion) AGREE ON REPAYMENT SCHEDULE OF DOCKAGE MONIES
OWED TO CITY BY THE VESSEL "HERITAGE OF MIAMI II" (See label 24).
Vice Mayor Dawkins: Hold it, hold it, Commissioner Plummer. Can we go with -
is 15 ready?
Mr. Odio: The Heritage?
Vice Mayor Dawkins: Yes.
Mr. Odio: Yes.
Vice Mayor Dawkins: OK, because maybe we can wait for the Mayor and do 15,
Commissioner Plummer.
Mr. Odio: OK, we recommend that... they owe us approximately $13,510. That
they bear a ten percent interest on the debt, on the unpaid balance. Two
hundred and fifty dollars a month payments until 'Liquidated. That there will
be a lien placed on the vessel Albury as a warranty of payments to City if the
vessel is sold. And all other conditions presently in court and stipulation
remains the same.
Commissioner Plummer: That thirteen thousand lien would be thirteen thousand
plus the ten percent interest.
128 April 26, 1990
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Mr. Odio: That's correct.
Commissioner Plummer: The lien would be for that amount of money.
Mr. Odio: That is correct and this...
Commissioner Plummer: If the second boat is sold, would we be paid in full
immediately?
Mr. Odio: Yes, that is the stipulation of the court.
Commissioner Plummer: Now, there is only one question remaining.
Mr. Odio: In addition, this boat will be available to Parks Programs
participants, kids, that is, once a month for the entire term of the - as long
as the debt is....
Commissioner Plummer: OK, the only proviso that I have to put in there, we
know that that boat is already up to the hilt of $120,000. Well, no, they
admit that, all right? The survey, according to them, shows that the boat is
worth $180,000, OK? I want some confirmation from the administration that
there is, in fact, unencumbered, at least $20,000 with a ten percent interest
and they must demonstrate to this Commission that they have unencumbered
against that boat, at least that amount of money.
John Thomas, Esq.: Twenty thousand.
Commissioner Plummer: At least twenty. I mean, with the $13,000 with 10
percent interest at ten years...
Commissioner De Yurre: Do we have any appraisal as far as the boat is
concerned?
Commissioner Plummer: They've got a survey.
Commissioner De Yurre: A survey?
Mr. Odio: They call them surveys.
Commissioner Plummer: Boat survey, yes.
Commissioner De Yurre: But what does a boat survey say?
Commissioner Plummer: Boat survey is what's done as an appraisal. It's the
same thing. A survey of a boat is an appraisal that the boat is in X shape
and it's in good shape and it's worth X.
Commissioner De Yurre: What date is it on the...
Mr. Thomas: I don't have it now. We'll show it to Stan.
Commissioner Plummer: I don't know. What is the date of the survey? Recent?
Mr. Thomas: I don't have that with me, Commissioner. If you would make this
subject to staff verification, that's...
Commissioner Plummer: Yes, that's what I did and that's basically what I
said.
Vice Mayor Dawkins: What did he say it was?
Commissioner De Yurre: What's the alternative?
Commissioner Plummer: Alternative is try to confiscate the boat right now, I
guess.
Mr. Thomas: Southeast will end up with the vote.
Commissioner Plummer: Well, they'll wind up with it, but they can't wind up
with more than what they've got the mortgage on it.
Commissioner De Yurre: How much do they owe us, thirteen?
129 April 26, 1990
Commissioner Plummer: Thirteen.
Mr. Thomas: Thirteen five.
Mr. Odio: Thirteen thousand five hundred.
Commissioner De Yurre: And what is this debt for?
Commissioner Plummer: Thirteen thousand.
Mr. Odio: It is monies they owe us from the past.
Commissioner Plummer: It's what?
Mr. Odio: Past debt that they had and...
Commissioner De Yurre: But from what? What was the debt?
Mr. Odio: From the use of the dockage.
Vice Mayor Dawkins: Rental.
Commissioner De Yurre: Shouldn't the City have a boat?
Mr. Odio: Dockage fees.
Commissioner De Yurre: Well, I think we should have a boat.
Mr. Odio: Oh, we have one called "Miss Miami." This one is bigger.
Commissioner De Yurre: Well, it's something to entertain people and stuff
like that, parties.
Cl:nmissioner Plummer: Mr. Manager, I'm going to vote in favor of this, but
I've got to ask a question. If they're paying $580 a month dockage...
Mr. Odio: Yes.
Mr. Thomas: Yes.
Commissioner Plummer: And they're into us for $17,000, how many months...
Mr. Odio: No, thirteen thousand.
Commissioner Plummer: They're down to thirteen, they were seventeen.
Mr. Odio: Right.
Commissioner Plummer: How many months do we allow somebody to exist without
paying dockage? According to my calculations, we let them go 29 months
without paying anything. Now, you know, that, to me, is not fair to the City.
How long... I mean, don't we have a thing that says, hey, if you don't pay in
60 days, you're out?
Mr. Thomas: That includes interest and the cost and so forth.
Conunissi.oner Plummer: But 18 months is unreasonable, Mr. Manager.
Mr. Odio: Yes.
Mr. Ruder: I'll get you the exact dates but we've been filing different
legal...
Commissioner Plummer: What is the policy, that's what I'm getting at?
Mr. Ruder: The policy is that...
Mr. Odio: Thirty days.
Mr. Ruder: ...after 30 days, we start...
130 April 26, 1990
rj
L
Mr. Odio: 'Thirty days vie start proceedings.
Mr. Ruder: ...writing them letters saying that they must pay and then.
Commissioner Plummer: But at what date do you give them say, bye, bye, or I'm
cutting the lines on the boat? I just cannot believe that you would let
someone go 18 months arrears in their rent.
Mr. Ruder: We did not...
Mr. Odio: Well, we did not let it go and the obvious thing is that we went to
court and we have a legal judgment against them. We did not let them go.
But, sometimes, you know, you have to...
Commissioner Plummer: Have you got a piece of property you can lease me a
funeral home? I mean, you know, I can operate scot free.
Mr. Odio: No, you couldn't either. That's a eery solid judgment against...
Mr. Fernandez: Yes. You should also be made aware of the fact that as part
of the settlement stipulation that we entered into at the time we entered into
it, they owned three vessels and they agreed that upon selling any of the
three vessels, they would make a $5,000 payment to reduce that seventeen
thousand that they started with. Our understanding is that they have since
sold at least one of the vessels and we never saw the $5,000...
Commissioner De Yurre: I'm in favor of moving legally and let's take the boat
and I bet you they will come up with the money somehow.
Commissioner Plummer: Well, I disagree, I think they perform a service down
there. But, boy, I cannot agree with the policy that allows people to go 18
months without payment. After 90 days, you move them out. Just move them
out.
Mayor Suarez: OK, why don't you build whatever your concerns are or...
Commissioner Plummer: Mr. Manager, what is your recommendation?
Mayor Suarez: ... into a motion so that we can get out of here? And if it
doesn't pass, then it might be that we'll just cut loose.
Mr. Odio: Well, I - what I said before, I recommend that. I don't believe we
gain anything by putting them out of business. We can get our money with
interest at ten percent and we're still getting our dockage fee of five
hundred and some dollars a month. And we can get $250 to reduce the payments.
I think it's a fair deal.
Commissioner Plummer: And we get a lien.
Mr. Odio: Yes, but I want to know about the $5,000 you owe us besides this.
I understand that this part of the settlement was that you would pay us $5,000
if you sold any of the vessels.
Commissioner
Plummer: I
move that
in the form of a motion.
Mr. Odio: We expect the
$5,000 too.
Commissioner
De Yurrc:
Well, do
we have it on the record that a boat was
sold?
Mr. Odio: Did
you sell
one of the
three boats?
Mr. Thomas:
There was
a payment
of approximately $4,000. There was a boat
sold. That
boat was sold
for the
mortgage value. There were no proceeds.
Mr. Odio: I
see, so you
are short
$1,000, OK.
Mr. Thomas:
We showed we
paid about $4,000.
Mr. Odio: OK, so that's OK.
Mayor Suarez: OK, so that's resolved. So the motion is then...
131 April 26, 1990
t
Mr. Odio: The motion is...
Commissioner Plummer: As outlined by the Manager.
Mayor Suarez: OK, as outlined by the Manager.
Commissioner Alonso: Second.
Mayor Suarez: Moved and seconded. OK, any further discussion? If not,
please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-328
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO AMEND
THE EXISTING SETTLEMENT STIPULATION, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF
MIAMI AND JOSEPH MAGGIO, IN THE CASE OF THE CITY OF
MIAMI VS JOSEPH MAGGIO AND SCHOONER HERITAGE OF MIAMI,
INC., TO EXTEND THE PAYEENTS REQUIRED TO SATISFY THE
EXISTING JUDGEMENT OBLIGATION, SAID AUTHORIZATION
BEING CONDITIONED UPON THERE BEING A LIEN UPON THE
VESSEL "WILLIAM H. ALBURY," SAID LIEN CONSISTING OF
_ THE CITY'S CONDITIONAL RIGHT TO DE14AND A FORCED SALE
AT PUBLIC AUCTION WITH THE CITY TO RETAIN THE PROCEEDS
OF SUCH SALE, WITH SAID DEFENDANTS BEING REQUIRED TO
RECOGNIZE SUCH LIEN; AND WITH SAID DEFENDANTS BEING
ALSO REQUIRED TO MAKE THE VESSEL "WILLIAM H. ALBURY"
AVAILABLE AT NO CHARGE FOR CHARTER PARTIES CONSISTING
OF CHILDREN PARTICIPATING IN THE PUBLIC PARK PROGRAMS,
ONE DAY PER MONTH, DURING THE TIME SUCH JUDGMENT IS
OUTSTANDING; AND WITH THE HEREIN TERMS AND CONDITIONS
BEING INCORPORATED IN THE HEREIN AUTHORIZED
STIPULATION AMENDMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre.
ABSENT: None.
Mr. Thomas: Thank you.
132 April 26, 1990
AML
33. ACCEPT, IN PRINCIPLE, PROPOSED TERMS FOR AGREEMENT WITH UNIVERSITY OF
MIAMI CONCERNING ITS USE OF THE ORANGE BOWL FOR VARSITY FOOTBALL GAMES -
INCLUDING PROVISIONS FOR A 10-YEAR AGREEMENT (WITH TWO 5-YEAR OPTIONS)
AND THE ASSIGNMENT OF 20 SEATS FOR CITY OF MIAMI COMMISSION USE -
INSTRUCT ADMINISTRATION TO PREPARE FINAL AGREEMENT FOR CITY COMMISSION
CONSIDERATION.
Mayor Suarez: Item 24.
Commissioner Plummer: Mr. Mayor, fellow Commissioners, let me read basically,
since it does outline the agreement and understanding between the University
of Miami and the City of Miami, in reference to the use of the Orange Bowl for
the varsity football. I'll try to answer any questions that you have, but this is the basis agreement. First of all, let me say that it is regrettable
that improvements that had been anticipated could not be made. Understanding
the dilemma of both the University of Miami and the Orange Bowl Committee and -
their reluctance to sign a 20 year contract, which was the only way that �-
improvements could be refinanced was in a 20 ,year. Anything less blew annual
payments out of proportion. We then came back to a basic lease agreement
which we have now from the University of Miami. I'll go slowly on each item.
If you have any questions, I'll try to answer them. The first one. Is a ten
year agreement with two five year options. _
Commissioner De Yurre: Mutual option?
Commissioner Plummer: Mutual is correct. With the understanding that the
five year options would only be to renegotiate the finances.
Mayor Suarez: So, the options are a... for either side gets an option and the
only issue to be negotiated is payment or financial aspects of the deal. Is
that what you're saying?
Commissioner Plummer: Well, yes, I'll be getting to... but, basically, we're
talking about, Mr. Mayor, which I'll get down further is the surcharge.
Mayor Suarez: OK, the options in that situation, all they mean is that the
two sides will negotiate in good faith as far as I can tell that.
Commissioner Plummer: That's correct, sir. Number two. Let me stop and tell
you before I read it, the University of Miami has an option to put in a new
scoreboard and two display boards at what is estimated to be a million plus
dollars. For the right to do that, I read number two. The University of
Miami will be responsible for all signage and will pay the City of Miami a
maximum of 15 percent of the revenues. The University of Miami will be
responsible for the maintenance. The one thing that we talked about that's
not here and I'm sure is still agreeable, is that they will pay the City a
minimum of $48,000 a year, but a maximum of 15 percent. Any questions on that
item?
Commissioner De Yurre: OK, go ahead.
Commissioner Plummer: Item number three. There will be a one dollar
surcharge and these monies will only go to improvements of the facility of the
University of Miami's desire. Now, let me read into that, that there will be
created a restricted enterprise fund of the $1.00 surcharge and that wish list
of the University is as follows. Number one, a new sound system. Number two,
that which they refer to as a Hurricane Club, which is the remodeling of the
locker room underneath of the south stands. That cost factor is approximately
1-300,000; sound system, not to exceed $200,000. And, hopefully, the third
item of monies available would be the extension of the Golden Canes box
upstairs. Reading as such. The one dollar surcharge immediately will take
care of the sound system and the Hurricane Club and, hopefully, the Golden
Cane enclosed area which is critical.
Commissioner De Yurre: Where is the money going to come from to make the
repairs that we're talking about?
133 April 26, 1990
t
Commissioner
Plummer.: OK, we'll get to that at
the conclusion. OK? They
'r speak of the
dollar surcharge and to accommodate the twelve seats for the City _
box which is...
i
i
1 Commissioner
De Yurre: Twenty seats for the City
Box.
Commissioner
Plummer: Twelve seats.
- Commissioner
De Yurre: Twentv was what we talked
about. _
Commissioner
Plummer: Well, I'm telling you what
was here.
Mr. Odio: On that particular booth, you can fit in...
Commissioner Plummer: Yes. On this one here, they all...
Mr. Odio: Yes.
Commissioner Plummer: Well, let me read back further to you.
"At this particular time, out of the $1.00 surcharge, if the City
so desires to accommodate the Commissioners with twelve seats in
the press box, the outside box that the City has at this time will
be utilized, and those monies will be expended to dress it up and
make it appropriate for the Commission. When the Golden Cane box
is completed, then an adjustment can be made either on top of the
roof or within the area itself, which would increase the size."
Commissioner De Yurre: Well, my understanding is, and we have talked about
this, that the lower press box, when the repairs are made there, it can be
expanded to fit the twenty seats.
Mr. Odio: See, but we are not going to touch that at this time. That's
why...
Commissioner De Yurre: When are we going to touch that?
Commissioner Plummer: Nobody wants to touch that at this time because it's
too many problems.
Mr. Odio: No. Because we don't want to spend money there now. That's why we
are going do, that would be the other option, that at their expense they will
fix up that press box and if we build a new one, then they will have to give
you room inside the new one.
Commissioner De Yurre: The bottom line is that, at least...
Mr. Odio: That you will get...
Commissioner De Yurre: As far as I am concerned, there have to be twenty
seats available for the Commission.
Commissioner Plummer: OK.
Commissioner De Yurre: OK.
Mr. Odio: Yes.
_= Commissioner Plummer: The only thing in return that the University is, is
that the University is requesting that it be indemnified, which will... -
Mr. Odio: Let me clarify, Commissioner, please.
Commissioner Plummer: Go ahead.
Mr. Odio: We have to buy the tickets. You understand that? We buy the
tickets.
Commissioner De Yurre: No, we don't. We make it part of the deal.
Mr. Odio: Well.
-7
Commissioner De Yurre: It's part of the deal. What you mean, we have to buy?
134 April 26, 1990
Mayor Suarez: Why do we keep having to buy tickets to use our own facilities,
to have a piece that's reserved for presumably, official use?
Commissioner De Yurre: We don't have any problem at the arena.
Mr. Odio: We buy the tickets for the arena. We buy the tickets for the Heat.
Mayor Suarez: That was a mistake. In the case of the arena. It was a big
mistake in the case of the arena. We should reserve for. official City use, a
portion of a facility that we are leasing to somebody. Why should we have to
pay for it?
Commissioner Plummer: Well, OK. We will put that in as a condition. The
University is requesting that it be indemnified which did not have time to
discuss, and also inspection of the stadium will. take place to make certain
that it is safe. Mr. Mayor, members of the Commission, there is only one
other provision that had come up once before that was a sore point, and that
was in reference to parking. Our agreement in reference to parking, keeping
in mind at the present time ... Carlos, what did you do with that paper?
Mayor Suarez: We have. I know, I have received some letter from some
people...
Commissioner Plummer: OK. I think we've worked out a compromise, Mr. Mayor.
Mayor Suarez: ...who have long time parking privileges there about the
University taking over total dominion and so on.
Commissioner Plummer: OK. First of all, they have agreed that we will
increase the parking fees from $36.00 a year to $40.00 which is only for the
University of Miami game. The money, City of Miami will keep all of those
dollars. Parking available presently is forty eight hundred and sixty spaces
including one thousand spaces at the Municipal Justice building. The
University of Miami today, presently, has and purchases fourteen hundred and
eighty three parking spaces. What we have worked out Mr. Mayor, is that they
will be able to acquire 20% of the remaining balance of parking spaces each
year. The first year for example is, that they would get an additional five
hundred and seventeen spaces. The other item that was of contention. Those
additional parking spaces which they get, will not be all in one lot, they
will be across the board, excluding the Municipal Justice building.
Vice Mayor Dawkins: No. Including.
Commissioner Plummer: No. Not including.
Vice Mayor Dawkins: Including.
Commissioner Plummer: They did not want to pay for those in the Municipal
Justice building. The final question of...
Mayor Suarez: Are you saying 20% per year, for how many years?
Commissioner Plummer: Until they could receive 100% during their games only.
Commissioner De Yurre: They will never receive 100% theoretically.
Commissioner Plummer: Well, 20% of the remaining balance. OK?
Theoretically, you are right.
Commissioner De Yurre: OK. You will never receive 20...
Mayor Suarez: Well, there is two different ways to look it the 20% per year
and mathematically, we ought to be sure which one we are talking about. But
assuming they inean 20% of the initial 100% so that they end up with 100%.
Commissioner Plummer: At the end of the fifth year.
Mayor Suarez: Right. The end of the fift.n year, and we don't get cute witl
the numbers here, Commissioner. Why should we ever give them total, absolute
control of all the parking? Is that...
135 April 26, 1990
Commissioner
Plummer:
During their...
al.1 but one thousand space at the
- Municipal Justice
building.
OK? Now, let.
me get to the final. conclusion.
Mayor Suarez:
Why don't
we limit that to
80%. Why don't we always get retain
some dominion
over some
spaces.
Commissioner
De Yurre:
We do retain five
hundred, don't we?
Commissioner Plummer: No, we do. We retain five hundred and fifty. What is
it that we retain right now, even now? Steve, do you know'?
INAUDIBLE RESPONSE.
Commissioner Plummer: It's right at five hundred the City reserves unto
itself right now. Right at five hundred, we retain that amount for ourselves.
Mayor Suarez: Is it clear that we are talking about the use of those
spaces...
Commissioner Plummer: Only for the University games.
Mayor Suarez: ...and as a concession, not that they don't somehow own them in
some way or another.
Mr. Odio: They do not own them, they are buying, they are renting them from
US.
Commissioner Plummer: They are buying, they are paying us.
Mayor Suarez: Sometimes we rent things to people and you know, City officials
need to use, go through there for whatever reason and they get all kinds of
grief, including City employees. We had that problem at the Grand Prix.
Commissioner Plummer: No. Mr. Mayor. They will pay us $40.00 a space, OK?
Mr. Odio: The fact is, we make more profit out of this, because we don't have
to handle all this mailings and contacting the people that rent from us. All
we get is a flat ...
Commissioner De Yurre: When do they pick up all of the maintenance as far as
the servicing and the people working there? Because as they acquire more and
more space, they are going to have to man them themselves and we may...
Commissioner Plummer: No, no. We are manning it and we pay for it from the
additional $4.00 per year per space.
Mr. Odio: See. But they us, they pay us additional monies for it.
Unidentified Speaker: Three dollars per space.
Commissioner Plummer: Four. From thirty six to forty. OK? Now, let me give
you a bottom line, and I'll give each one of you a copy of this break down
which I think it is important to the City. The maintenance that is to be done
by the City is approximately four million dollars, more or less. The
improvements made already to the press box is two. The other things that are
to be done at the request is approximately one, which comes to a total of
approximately seven, right at the seven million dollar category. Based on the
minimum rent, from the University and the surcharge, and other surcharges
included, we are anticipating in the ten year contract, a total amount of
money of eleven million dollars for round figures. I will be glad to furnish
all my colleagues a copy of this breakdown. As far as the Orange Bowl
Committee, there are other things there to be negotiated realizing they are
only a one time user a year, also in negotiation with them, is the office
space at the Orange Bowl, and I believe that's it for them.
Commissione.- De Yurre: Let's go back to the money where the repairs are going
to be made.
Commissioner Plummer: Yes, sir.
Commissioner De Yurre: Where is that going to come from?
136 April 26, 1990
0
Commissioner Plummer: The money is already in the bank, Commissioner. That
came from the Florida League Municipal Trust Fund in which we took out the
sixteen million dollars.
Commissioner De Yurre: OK. But which means that it is our money.
Commissioner Plummer: Two million...I'm sorry?
Commissioner De Yurre: It's our money that we had to pay back?
Commissioner Plummer: That is correct. What we are anticipating by the
administration, I hope they are listening. We have already used two million
dollars of that. We will use an additional four to five million dollars and
return ten million dollars.
Commissioner De Yurre: Now, the two million that they are owed...
Commissioner Plummer: Two million has already been used.
Commissioner De Yurre: But is it from there, or an existing amount that was
used?
Commissioner Plummer: No. It's from that fund.
Mr. Odio: We have sixteen million in the bank. We got...
Commissioner Plummer: That's correct. No we don't now because we have
already spent two.
Mr. Odio: Wait, wait. Minus two, but the net would be the same as you said.
Commissioner Plummer: OK.
Mr. Odio: In other words, you take another five out, is seven, you going to
return nine million dollars.
Commissioner Plummer: Nine million, all right. Well I said four to five.
Mr. Odio: Nine plus the interest, whatever it. is.
Commissioner Plummer: The money is already in the bank.
Commissioner De Yurre: OK. Now, we will generate enough money over the ten
year period, the eleven million that you are talking about, to repay the seven
million dollars. Is that correct?
Mr. Odio: Yes.
Commissioner Plummer: Easily.
Mr. Odio: Easily. One thing I want to say on the record, is really, it is
almost a twenty year contract. It's ten, and five and five.
Commissioner Plummer: That's correct. Well, I said that.
Commissioner De Yurre: Yes. But as far as I am concerned, it's a ten.
Mr. Odio: No. It's a ten, sure. But...
Commissioner De Yurre: OK? But the point I am trying to make is, because my
understanding was, whatever deal we make...
Mr. Odio: It's calculated for ten.
f
Commissioner De Yurre: ...whether
it was five, ten or a
fifteen, whatever
�i
amounts we
spend in the Orange Bowl
to repair it, whatever
gets done, has to
-`?
be repayed
by that ten year period.
—;
Mr. Odio:
You are right, and that's
why we cannot spend the
nine million that
we want to
return.
_.r
April 26, 1990
Commissioner. De Yurre: OK. Now, we are talking about using part of the seat
surcharge to repay...
Mr. Odio: No. That will be used to repayment.
zor
Commissioner De Yurre: OK.. Now. Where is the money going to come from and
at what point in time to do these other three things, like the sound system...
Mr. Odio: That's included. _
Commissioner Plummer: No, no. That's included. Wait, wait. Let, wait a __
minute. Remember, we do not have a single source of revenue in the Orange
Bowl, it's not just a $1.00 surcharge.
Commissioner De Yurre: It's part of a whole slew of things.
Commissioner Plummer: We get twenty five thousand minimum per game, or 10%
whichever is greater. What it is anticipated at this time, last year the
University of Miami average attendance was fifty-one thousand per game. This
year based on their season tickets, it will be fifty-seven thousand, this
year, average attendance. So we are looking at the rental based, always of
course of the 10%, we are looking from the concessions of food and beverage,
and we are looking from the parking concessions. And now, added to that would
be the $1.00 surcharge. For example, in just one year, the surcharge from the
University of Miami is anticipated at three hundred and fifty thousand
dollars.
Commissioner De Yurre: OK. Now, my question is, because there were three
items that were mentioned to do additional work.
Mr. Odio: Yes. That's included. Let me, you're right. We are doing the
sound system, the Golden Canes and the Hurricane Club, adds up to nine
hundred thousand dollars, which was included in the five that you mentioned.
Commissioner Plummer: That's correct.
Mr. Odio: So that the total that we are returning .is nine.
Commissioner De Yurre: OK. Now, the repairs that need to be made to make, to
ensure that...
Mr. Odio: Right. That's four. million.
Commissioner De Yurre: ... the Orange Bowl is safe...
Mr. Odio: It could be up to four.
Commissioner De Yurre: No more than four?
Commissioner Plummer: That's correct.
Mr. Odio: No more, no, no. It cannot, it might be less than four.
Commissioner De Yurre: And the final, and the thing that concerns me most,
and I want it on the record again, is that within the ten year period, by the
time that the contract is up with the Hurricanes, we would have paid off
totally, the amount that is being borrowed for the repairs and work that is
going to be done.
Mr. Odio: Yes, sir.
Commissioner Plummer: Once again, the answer to your question, the projected
total we will collect during that ten year period from all sources in the
Orange Bowl, is projected to eleven million dollars.
Commissioner De Yurre: OK.
Mr. Odio: We want to add that also, Commissioner Plummer, we took out the
twenty five. We used to give them twenty five thousand every year and that's
been taken out too.
I April 26, 1990
Commissioner Plummer: That's out. That was an outright grant. Now, if there
is no further questions, I will move that we accept this in principle, send it =_
to the law department for final draft. They will take it to the University
Board of Trustees, it then becomes an official document.
Commissioner De Yurre: Subject to the amendment of making sure we get the
twenty seats.
Mr. Odio: Yes, sir.
Commissioner De Yurre: That's it.
Mayor Suarez: So moved.
Mr. Odio: No. He already said yes.
Commissioner De Yurre: Well, of course that's ... I want it on the record.
Commissioner Plummer: That's fine.
Mayor Suarez: And, you have also built in that it is of no charge. I mean,
the ticket don't have to be pay.
Commissioner De Yurre: Of course, at no charge.
Mayor Suarez: So moved and second. Is it seconded?
Mr. Fernandez: Well, yes. Just a point of order...
Mayor Suarez: You second it, Mr. City Attorney?
Mr. Fernandez: There is an issue here that they have recommended the issue
that they are requesting that be indemnified. We need to look into that
because we may have serious problems with assuming any indemnification
posture. So, while you are Passing a motion to accept in principle what you
have discussed today, certainly the document...
Mayor Suarez: What is the issue of indemnification that changes in any way
from the past agreements?
Commissioner Plummer: The University of Miami, no it doesn't, to my
knowledge, it doesn't change at all but let me read the wording again.
Mr. Fernandez: Fine.
Commissioner Plummer: "The University of Miami is requesting that it be
indemnified." Which we do not have time to discuss, and also "an inspection
of the stadium will take place each year to make certain it safe."
Mr. Odio: That's what he said, but I told him that we couldn't indemnify them
by law.
Mr. Fernandez: As a matter of law, as well as policy, we don't undertake to
indemnify anybody that we contract with. To the contrary, we ask for
indemnification from them during the periods of time they are in possession
and control, and that they are running with it, we certainly in the event of
any...
Mayor Suarez: Well, we ask for insurance a lot of times. Getting
indemnification when we have sovereign immunities, is a bit much, but anyhow,
certainly we cannot indemnify them.
Commissioner Plummer: Carlos, would you make a copy of this ... for all the
rest of the Commissioners?
Mayor Suarez: Because that would be assuming their liability, which is much
greater than ours, since they are a private entity. And there is no longer all
exemption for charitable institutions as they used to be, or nonprofit.
Mr. Fernandez: On the 17th, you will be presented a final document for you to
vote.
139 April 26, 1990
Mayor Suarez: All right.
Commissioner Plummer: Well, I, wait a minute. Excuse me. Mr. City Attorney,
I would hope that you could prepare a final document to be proffered to the
University of Miami. Let them approve it, and then bring it back here for
final signature. I mean, all I'm trying to do...
Mr. Fernandez: Yes. We have no problem with that.
Commissioner Plummer: Mr. Mayor
Committee...
Mayor Suarez% I got you.
The next time you ask me to serve on a
Commissioner Plummer: OK? I want this thing finished.
Vice Mayor Dawkins: You don't have anything else to do.
Mayor Suarez: No, no. It's a lot of effort, and I think successful
negotiation for the most part, we may disagree with some aspect of it. But I
would hate to lose the principal tenant on a facility that otherwise could, I
don't even want to think about otherwise. All right.
Commissioner Plummer: I move it under those terms and conditions that we make
a contract with the University of Miami for a ten year period, with a five and
five option.
Mayor Suarez: So moved.
Commissioner Alonso: Second.
Mayor Suarez: Seconded.
Commissioner. Plummer: Here is a copy of the projections.
Mayor Suarez: Mr. Manager, are we...
Commissioner Plummer: Mr. Manager.
Mayor Suarez: Is this directed, is this discussion directed at the present
motion or should we hold off until you work out something there, or are we
heading in the right direction? All right. We have a motion and second. Any
discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 90 -329
A MOTION ACCEPTING IN PRINCIPLE PROPOSED TERMS FOR AN
AGREEMENT WITH UNIVERSITY OF MIAMI CONCERNING USE OF
THE ORANGE BOWL FOR VARSITY FOOTBALL GAMES - INSTRUCT
ADMINISTRATION TO PREPARE FINAL AGREEMENT.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Commissioner De Yurre: Subject to the twenty press box seats.
Matty Hirai: Yes. It's included sir.
140
April. 26, 1990
COMMENTS MADE AFTER ROLL CALL:
Commissioner Plummer: Mr. Mayor, may I please?
Mayor Suarez: Mr. Vice Mayor.
Commissioner Plummer: May I please at this time, even though fie is talking
like a jabber mouth, thank Mr. Carlos Smith, He was very instrumental in
keeping Mr. Jankovich under sedation and control and all the members of the...
Mayor Suarez: What drug did you use, Carlos?
Commissioner Plummer: ...and all of the people of the parks department, Mr.
Dangerfield from the University. I think it was a joint effort, and the one
thing that I want to make for the record, as I told you when we started into
this negotiation, that the one thing that I would not bend on, was that the
users would pay, that they would not be a penny of tax payers money used, and
as such, will not be the case. Thank you. Go away and sin no more.
NOTE FOR THE RECORD: At this point, the City Manager
informed the Commission that he was not ready to move
as yet in connection with the proposed execution of
agreement with "Wynwood SNID Partnership" for
professional planning services. (Item 9).
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF THE REGULAR AGENDA ITEMS TO CONSIDER
PLANNING AND ZONING AGENDA ITEMS.
----------------------------------------------------------------------------•---
34. (A) SECOND READING ORDINANCE; AMEND ZONING ATLAS - CHANGE ZONING
DESIGNATION FROM RG-3/6 AT 596 N.W. 49 AVENUE AND RG-1/.3 AT 4901
N.W. 5 STREET TO CR-2/7 (Applicant: Gary Spirer and Capital Hill
Investment Co.).
(B) INSTRUCT MANAGER TO ESTABLISH A SPECIAL FUND TO CONTAIN ALL
VOLUNTARILY PROFFERED COVENANTS AND/OR CONTRIBUTIONS TO THE
CITY - CITY COMMISSION TO ALLOCATE FUNDS FROM THIS RESERVE ON A
QUARTERLY BASIS,
Mayor Suarez: PZ-1. This item was approved...
Mr. Olmedillo: This is second.
Mayor Suarez: ...unanimously as recommended by...
Mr. Olmedillo: That is correct.
Mayor Suarez: ...Planning Department, Zoning Board, unanimously. Does anyone
wish to be heard against the application at PZ-1? Let the record reflect and
no one stepped forward.
Mr. Olmedillo: The applicant has also submitted a covenant. That it's
included in it.
Mayor Suarez: Does that covenant comply with the requirements that the
Commission imposed?
Mr. Olmedillo: That is correct, sir.
141
April 26, 1990
i
Mayor Suarez: Or Is there a voluntary covenant?
Mr. Olmedillo: It's a voluntary covenant.
Mayor Suarez: With the suggestions that the Commission made then?
Mr. Cardenas: Yes, sir.
Mayor Suarez: OK.
Commissioner Plummer: What is, did they volunteer anything else?
Mr. Olmedillo: I would let the applicant speak to that issue.
Mr. Al Cardenas: They volunteered...
Commissioner Plummer: Uh?
Mr. Cardenas: For the record, my name is Al Cardenas with offices at 1221
Brickell Avenue, Miami, Florida. We are here on behalf of the applicants,
Gary Spirer and Capital Hill Investment Company. If you will recall, at the
last minute, I proffered on behalf of the applicant a number of additions to a
covenant that had been presented prior to first reading. To the best of my
knowledge, and I think your legal department who took good notes, all of the
items which were proffered at that hearing are included in the covenant which
has been modified and submitted to the City in accordance with our
representations. Those included a $5,000 dedication to the City, included the
modification with covenant, to say that this covenant cease to exist if the
buildings constructed on the property cease to be there, that the tract B, at
south of the alley, would be used solely for parking, that the owners would
actively participate in the closure of the alley with the neighbors. That
there be no direct vehicular access, that the $10,000 to be given to the City
and form of maintenance be done by letter of credit or bonds, so that you know
that the money was there in the event you had to...
Commissioner Plummer: How much?
Commissioner Alonso: Ten.
Mr. Cardenas: Ten thousand dollars, in the form of a bond or letter of credit
and we defined what minimum maintenance consisted of. So each and every one
of the items...
Commissioner Plummer: Oh, That's for your own property.
Mr. Cardenas: Yes. But we also proffered...
Commissioner Plummer: Oh. I thought you. OK.
Mr. Cardenas: No. But we also proffered a $5,000 contribution to the City
which is part of the new covenant.
Commissioner Plummer: How much?
Mr. Cardenas: Five thousand dollars.
Commissioner Plummer: How much?
Mr. Cardenas: Five thousand dollars.
Mayor Suarez: Going once, going twice, gone.
i Commissioner Plummer: No, no, no.
f;
-= is
Mayor Suarez: We are not going to get out of here today, if you...
Commissioner Alonso: We hear strange noises.
Mayor Suarez: ...persist in your "tacano" ways.
Mr. Cardenas: Yes. I see. Well, I take a deep breath..
ai
rr
142 April 26, 1990
Commissioner Plummer: "G'_lie? Uue?"
Mr. Cardenas: ...relax, try to be a, more understanding.
Mayor Suarez: "Cuanto, Cuanto?"
Mr. Cardenas: Well, I think under the circumstances, the client ought to be a
little more generous to the City. I have watched the many problems that you
deal with here today and...
Commissioner Plummer: That's...Oh. We have many problems.
Mr. Cardenas: ...obviously. Yes, obviously, one's level of consciousness has
to rise under these circumstances.
Mayor Suarez: No editorials. "Cuanto?"
Commissioner Plummer: Sounds like a good republican.
Mr. Cardenas: How about a 50% increase?
Commissioner Plummer: Did you say 100?
Mr. Cardenas: A hundred, yeh, like a...
Commissioner Plummer: You said ten thousand?
Mr. Cardenas: Yes.
Commissioner Alonso: That's what I heard.
Commissioner Plummer: That's what I thought I heard you say.
Mayor Suarez: All right. That's a 100% increase over five thousand. So, we
are at ten. Thank you. Do we have a motion on this item? Or do you have
some other commentary?
Commissioner Plummer: Now. Mr. Mayor. No, no. Let's get this item out of
the way, then I'll speak to the other issue.
Mayor Suarez: All right.
Commissioner Plummer: I'll move it as I did before.
Mayor Suarez: I'll entertain a motion on the item.
AT THAT POINT, THE CITY ATTORNEY READ THE ORDINANCE BY TITLE ONLY INTO THE
PUBLIC RECORD.
Commissioner Plummer: One final question. Mr. Cardenas, your very fine and
generous offer will be paid when?
Mr. Fernandez:: At the time...
Mr. Cardenas: It's set forth in the covenant but it certainly, it's on or
before the time the building permit is issued.
Mr. Fernandez: No. At the time they applied for zoning, district boundary
changes becomes final, which is a different time than the permit.
Mr. Cardenas: Yes. That's correct.
Commissioner Plummer: When would that time be?
Mr. Fernandez: Within twenty four hours.
Mr. Cardenas: Thirty days.
Commissioner Plummer: Within twenty four hours?
Mr. Fernandez: Thirty days.
143 April 26, 1990
Commissioner Plummer: Thirty days?
Mr. Fernandez: Yes. --
Commissioner Plummer: OK. That sounds fair. Plus interest?
Mayor Suarez: OK. Call the roll. Do we have a second on that Madam, City _—
Clerk? You picked it up?
Commissioner Al.onso: Yes.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING•
CLASSIFICATION FROM RG-3/6 FOR THE SOUTH 161.3' OF
TRACT A (APPROXIMATELY 596 NORTHWEST 49 AVENUE) AND
RG-1/3 FOR TRACT B (A/K/A 4901 NORTHWEST 5 STREET) TO
CR-2/7 RESIDENTIAL COMMERCIAL (COMMUNITY), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 596 NORTHWEST 49
AVENUE AND APPROXIMATELY 4901 NORTHWEST S STREET, ALSO
DESCRIBED AS SOUTH 161.3' OF TRACT A AND ALL OF TRACT
B, ZULETA, AS RECORDED IN PLAT BOOK 103, AT PAGE 32,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 31 OF
SAID ZONING ATLAS, CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 22, 1990
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Alonso, the Ordinance
was thereupon given its second and final reading by title and passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10726
COMMENTS MADE DURING ROLL CALL:
Commissioner Plummer: Now. Mr. Mayor.
Mayor Suarez: Yes.
Commissioner Plummer: Just for edification. Have we established a fund of
where those funds are going to?
Mr. Olmedillo: No.
Comrniss.ioner Plummer: Well, because this one had no designation. It's
Vice Mayor Dawkins: No, sir. I do have a designation, if that's what you are
looking for.
Commissioner Plummer: Well, no, no. I thought we understood and agreed upon
last time, that we would establish a fund that those funds would go into to be
dispersed by the entire Commission.
Vice Mayor Dawkins: That's right.
Commissioner Plummer: And if that's the case, I'm just asking. Has that fund
been created?
144 April 26, 1990
D
11
Vice Mayor Dawkins: No.
Mr. Olmedillo: To the best of my recollection, you didn't decide that last
time.
Vice Mayor Dawkins: Go ahead. Let's do it now.
Commissioner Plun,:ner: I'll make a motion at this time, that any voluntary
funds given to the City of Miami, go into a special fund to be reserved for
the full Commission to make a designation as to where they are to go.
Mr. Rodriguez: When would you like to revise that fund? At what time?
Commissioner Plummer: What do you mean?
Mr. Rodriguez: The total fund. You said to put in a special fund for you to
revise it.
Commissioner Plummer: Right.
Mr. Rodriguez: To make a decision.
Commissioner Plummer: To disperse.
Mr. Rodriguez: When would you like to hear about the total amount of the
funds, so that you can disperse it?
Commissioner Plummer: How about on a monthly basis?
Mr. Rodriguez: On a monthly basis? OK. That soon?
Commissioner Plummer: I mean, I think it can be used for these groups that
come here that need fifteen hundred or a thousand dollars. You can use it for
that.
Commissioner De Yurre: J.L. It can't be monthly, because we might as well do
it every Commission meeting, what we been doing. You know. Quarterly, at
least.
Commissioner Plummer: That's fine.
Mr. Rodriguez: Three months?
Commissioner Plummer: Quarterly, fine. Thank you, Mr. Mayor.
Mayor Suarez: OK.
Mr. Fernandez: Take a vote.
Commissioner Plummer: Well, take a vote on the motion.
Mayor Suarez: Call the roll on that motion. Do we have a second on it.
Commissioner De Yurre: Second.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO, 90-330
A MOTION INSTRUCTING THE CITY MANAGER TO ESTABLISH A
SPECIAL FUND TO CONTAIN ALL VOLUNTARILY PROFFERED
CONTRIBUTIONS MADE TO THE CITY OF MIAMI, SAID FUND TO
BE HELD ON RESERVE FOR FUTURE ALLOCATION BY THE CITY
COMMISSI014 ON A QUARTERLY BASIS.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
145 April 26, 1990
0
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
35. FIRST READING ORDINANCE; AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1989-2000, FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 2490-
2670 N.W. 18 TERRACE FROM DUPLEX RESIDENTIAL TO INDUSTRIAL (Applicant:
Planning Department).
-------------------------------------------------------------------------------
Mr. Olmedillo: PZ-2 is an application for a plan amendment, you may remember
that the...
Vice Mayor Dawkins: What's the staff's recommendation?
Mr. Olmedillo: For approval, sir.
Vice Mayor Dawkins: I move staff's recommendation.
Commissioner De Yurre: Second.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE, BY TITLE ONLY, INTO THE
PUBLIC RECORD.
Commissioner Plummer. Are any of the owners here? You realize what's going
to happen to you when we do this, right? You know your taxes are going to go
sky high. You well aware of that now?
Commissioner Alonso: That's what they had before, that's what they wanted.
here.
Commissioner Plummer: No, no. It's duplex here.
Mr. Olmedillo: What happened, you may remember that, originally they had a...
Commissioner Plummer: The change of zoning. OK. All I am saying is, going
from a duplex zoning to industrial, is going to multifold the value of that
land.
Vice Mayor Dawkins: That's right, and when he sell, that's what he wants to
do, so he could sell it and make money. They aren't crazy.
Mr. Olmedillo: But they did have, before we amended it. They did have the...
Commissioner Plummer: I just want it on the record that they are aware that
we are going to send a limousine for you at tax time. OK?
Vice Mayor Dawkins: Come to the mike sir.
Commissioner Plummer: Sir.. All I'm saying is, when you get your tax bill,
don't come down here and scream, cause it's going to be a big one, and we love
you.
Mayor Suarez: OK. We have a motion and a second?
Commissioner Plummer: Move it.
If
Commissioner Alonso: Second.
Mayor Suarez: Read the Ordinance.
Mr. Fernandez: It's already read.
{
146 April 26, 1990
Vice MAvor Dawkl.ns: Call the roil Madam Clerk.
Mayor Suarez: Thank you.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000, FOR
PROPERTY LOCATED AT APPROXIMATELY 2490-2670 NORTHWEST
18TH TERRACE: THE TRIANGULAR AREA GENERALLY BOUNDED
BY THE MIAMI CANAL ON THE NORTH, THE MIAMI RIVER ON
THE SOUTH, AND A LINE APPROXIMATELY 100 FEET EASTERLY
OF, AND PARALLEL TO, THE EAST RIGHT-OF-WAY LINE OF
NORTHWEST 27TH AVENUE ON THE WEST, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN), BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM DUPLEX
RESIDENTIAL TO INDUSTRIAL; MAKING FINDINGS;
INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
ORDINANCE TO THE AFFECTED AGENCIES; AND PROVIDING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Was introduced by Vice Mayor Dawkins and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
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.
36. APPROVE OFFICIAL VACATION AND CLOSURE OF PORTION OF S.W. 6 STREET WEST
OF THE WEST RIGHT-OF-WAY LINE OF SOUTH MIAMI AVENUE FOR APPROXIMATELY
120 FEET (Applicant: Florida Department of Transportation).
Mayor Suarez: PZ-3,
Commissioner Plummer: Mr. Mayor, I move it.
Mayor Suarez: So moved.
Vice Mayor Dawkins: Second.
Mayor Suarez: Seconded. Any discussion on 3? Anyone from general public
wish to be heard against it. Let the record reflect no one stepped forward.
Call the roll on Item PZ-3.
147 April 26, 1990
f
Awk
The following recoliition WA introduced by CommiG.^:ioner Plurr+n-r, e-ho
moved its adoption:
RESOLUTION NO. 90-331
A RESOLUTION OFFICIALLY CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT PORTION OF -
SOUTIVEST 6 STREET LYING WEST OF THE WEST RIGHT-OF-WAY
LINE OF SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FOR AN
APPROXIMATE DISTANCE OF + 1201, TRACTS A AND B; ALL AS
A CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1364
11602 COMPLEX".
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
37. GRANT SPECIAL EXCEPTION FOR DRIVE-IN FACILITY AT 1600 S.W. 22 STREET
(CORAL WAY), WITH PROVISOS (Applicant: Citicorp Savings of Florida).
Mayor Suarez: Item PZ-4.
Mr. Olmedillo: PZ-4, the application for the drive through lanes for a
financial institution. As you know, these are finally approved by the City
Commission. The Planning Department is recommending the special exception for
the reduction of the, landscaped area, and the special exception to permit the
drive-in facility as proposed by the applicant, subject to the final landscape
approval by the Planning Department.
Commissioner Plummer: How much stacking do they have?
Mr. Olmedillo: They have the required stacking by code.
Commissioner Plummer: I didn't ask required. How many do they have?
Mr. Olmedillo: Ten. Ten per window.
Commissioner. Plummer: No more?
Mr. Olmedillo: No more.
Commissioner Plummer: Are they going to have a security guard out there at
all times, when the drive-in tellers are open?
Mr. Olmedillo: I would prefer the applicant to speak to that issue.
Commissioner Plummer: OK.
Mr. Al Cardenas: For the record, my name is Al Cardenas, and I am here on
behalf of Citicorp who is our client and the applicant in this case. For the
record, I want you to...
Commissioner Plummer: Swear in the people that are going to testify please.
Mr. Cardenas. Yes. Stand up, please.
148 April 26, 1990
l
0
Commissioner Plummer: Oh. This is the old Biscayne Federal.
Vice Mayor Dawkins: Swear them in Madam Clerk quickly.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Vice Mayor Dawkins: OK. Go ahead
Mr. Cardenas: If I may commence by refreshing the Commission's consideration
or recollection. This matter first came before you in 1987 and all their four
or five members of the Commission present at that hearing except of course,
for Commissioner Alonso. We had a considerable discussion at that time and
Commissioner Plummer may recall a number of discussions that we were asked to
have with the neighbors and others, and it resulted in a number of
modifications and changes. At that time in 1987 the matter came before you
after the negotiations had taken place with a couple of neighbors still
concerned about the matter, and a vote was taken and at that time the Zoning
Board had unanimously recommended approval, and you acted accordingly and did
so yourselves. Subsequent to that, Citicorp had a number of additional
acquisitions and their expansion plan were placed on hold. Unfortunately,
there was a twelve month period within which to pull the building permit.
They didn't and as a result the special exception which was granted in 187
expired. Citicorp is now ready to make a considerable improvement to that
facility in excess of $300,000, add some employees, and make it a beautiful
place for you. However, they didn't stop there, they came up with a site
plan, which is a condition adjacent to this special exception which was
awarded by the Zoning Board, but this is one of those matters where it is not
final until it comes to the City Commission. So this is one of those rare
special exceptions that is not granted exclusively at the Zoning Board level,
or we wouldn't be here, because we received a unanimous approval. We have to
take a second step because of the uniqueness of the drive-in teller facility
provision. We have come up with a site plan which is an improvement over the
1987 proposal at which you approved unanimously. We increased by a foot the
landscaping buffer, we increased the flow of it, we improved the flow of the
traffic by making entry on 16th Avenue and exit on 16th Terrace. We made...
Commissioner Plummer: Sixteenth Court.
Commissioner Alonso: Sixteenth Court.
Mr. Cardenas: Excuse me. 16th Court, Commissioner. We made the stacking
spaces more than they were in the 187 provision, we increased those to ten,
and there will be camera and video surveillance and I think every thing else
that we had, that had been asked for in '87 has been included. The buffer,
the landscaping, the seven foot wall, the things that this Commission was
concerned at the time. Now I recall in 1987, there were a couple of neighbors
who testified, and I reviewed the transcript. As to their concern over
traffic on 16th Avenue, let me refresh this Commission's recollection that,
that really is a problem which is independent of this application. That
problem occurs by those commuters who decide to transgress to and from Coral
Way and Dixie Highway, and decide every once in a while, use 16th avenue as
their conduit. But that has nothing to do with this application or this
client, and as a matter of fact, you know a gentleman from Citicorp who is
here, who is a Director of Planning, will testify to the fact that, you know,
with the hundreds of branches that they have, it's obvious that the drive-in
teller facility proposal you have before you will not increase traffic but
rather channel traffic differently by letting those customers have the
convenience of a drive-in facility which is what's being in demand today over
the having to walk up and out of the bank building, but there will be no
increase in traffic. The traffic problems which may be there on 16th Avenue,
there may be a difference of opinion as to how serious they are, but in any
event they are really irrelevant to this application from our perspective, and
if there is any thing you would like to hear at this time from our...
Commissioner Plummer: Which way do they enter? From which...
Mr. Cardenas: They enter on 16th Avenue, ap_d then they flow from east to
west, and they exit on .16th Court.
149 April 26, 1990
Commissioner. Plummer: The only problem with that Al is that at 16th Court.,
you are getting so, can you reverse that flow just is easy?
Mr. Cardenas: Yes.
Commissioner Plummer: Sixteenth Court is so close to 17th Avenue, that your
traffic backs up from 17th Avenue, and if they try to cross over Coral Way to
go west on Coral Way...
Mr. Cardenas: Well, let me ask Bruce Sage to come to the microphone and Bruce
would you identify yourself and go with the procedures?
Mr. Bruce Sage: I am Bruce Sage, I live at 7873 N.W. 41st Court, Sunrise,
Florida. To answer that question, due to the fact that there is already a cut
in the median on Coral Way, which allows traffic to make a left turn on to
16th Avenue, and vice versa from 16th Avenue on to Coral Way, if we were to
reverse our flow, it would cause problems on Coral Way.
Commissioner Plummer: Why?
Mr. Sage: Because you would have an increase in the amount of U-turns.
Commissioner Plummer: On where?
Mr. Sage: On Coral Way, to come around to come into our facilities.
Commissioner Plummer: You have a cut on 16th Court, you have a cut on 16th
Avenue.
Mr. Sage: But you don't have a cut on 16th, you have a 16th, on 16th Avenue
and 16th...
Commissioner Plummer: Court.
Mr. Sage: Not 16th Court, only 16th Avenue.
Commissioner Plummer: Sixteenth Court has got a cut across.
Mr. Sage: No, it doesn't.
Mr. Cardenas: Let me make three points to answer your question. Number
one...
Commissioner Plummer: Am I right or wrong?
Unidentified Speaker: You're right.
Commissioner Plummer: Fight.
Mr. Cardenas:... Number one, the first point I wanted to make...
Commissioner Plummer: Al, the problem is, when that light at 17th Avenue is
red, the traffic waiting for that light to clear goes way back beyond 16th
Court.
Mr. Cardenas: At certain times, right.
Commissioner Plummer: Almost all times of the day.
Mr. Cardenas: Oh yes. But listen to, listen to this theory though. If you
agree that there will be a significant amount of additional traffic generated
by the facility, which is indeed the case, based on the hundreds of branches
that he is familiar with, then you are dealing with a current situation. I
mean, that's an existing branch this is not a zoning hearing, it's a hearing
to add the driving facility. So, I can understand your concern, but let me
ask, let me tell you that the Existing flow that's there now, is there because
there is a bank. The drive-in teller facility would not generate, you know,
the additional traffic to speak with. Number two...
Commissioner Plummer-: You're telling me you are making $300,000 not to
increase business?...I don't buy that.
150 April 26, 1990
Mr. Cardenas: Well, most: of those improvempnts are to the interior of the
facility which would be made anyway. But sure we want as much b:asinpss as
possible. But the second point I wanted to bring to your attention, which is
what was brought by him, is thatfolks were coming to the bank from the west,
are going to want head back west again whether you want them to or not. = -
Commissioner Plummer.: Sure. _
Mr. Cardenas: Now, which are the alternatives if you don't want them to turn
west on 16th Avenue, where there is a cut there already. They would have to
be forced to go through a neighborhood streets, or they would have to be
facing a U-turn situation heading further east. I think that the current
methodology that's there now, seems to be working OK, we have taken certain
= pictures like on Friday at 6:30 here ... and 5:30 and I, you know...
Commissioner Plummer: Al, excuse me. Al, he is mistaken. There is a cut at
16th Court.
Mr. Cardenas: OK. Well, why don't we do this. For the standpoint of the
application, we would do it either way. I would like for, to defer, if you
don't mind to public works to see what they have to say on the matter.
Commissioner Plummer: That's fine.
Mr. Cardenas: But, we will handle it however you prefer, Commissioner.
Commissioner Plummer: Are you. finished, Al?
Mr. Cardenas: Yes, sir.
Ms. Martha Bus: Well, I was under... My name is Martha Bus and I live next to
the City...
Vice Mayor Dawkins: Hold on. Just a minute, pardon me. Madam Clerk, they
were not sworn in. All, everyone who wishes to testify...
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Ms. Bus: My name is Martha Bus, and I live at 2224 S.W. 16th Avenue. I have
resided there for forty-two years, and I live next to the Citicorp Bank, or
rather the Citicorp Bank lives next to me. Now the problem that I have with
this, and I thought this meeting was a hearing to decide on the infringement
or rather, the conjunction of a special, anyway, I'll start again, a
transitional error, area. Now, I am entitled, I believe and I hope you will
see it that way, to a twenty foot variance. That's what I thought that this
hearing was about. Also there has been, if you pass this, what he has mapped
out on the map, this proposal, I think it's an invasion of the residential
area by another commercial concern. And it does create a traffic area, it
does create a traffic pattern.
Commissioner Plummer: No. Ma'am this is not any more land for the bank use
than what they have today.
Ms. Bus: That's not the point, J.L.
=f Commissioner Plummer: What's the point?
_? Ms. Bus: The traffic, the point is that in the first place as I said, what is
the variance I'm supposed to have next to the bank from the wall over?
5
Commissioner Plummer: You mean the transitional use?
Ms. Bus: Yes. The transitional area.
Commissioner Plummer: He'll answer that for you. He will answer that for you
real quickly.
Mr. Olmedillo: Before the Zoning Board, there were two applications. One
application was for the queuing for the drive through, that's one application,
—' that's a special exception.
i
=,{ 151 April 26, 1990
-3
L1
L]
Commissioner Plummer: OK.
Mr. Olmedillo: Another special exception, was the one which would allow to
reduce those fifty feet which we call a transitional proffer to, up to ter.
feet.
Commissioner Plummer: But that...
Mr. Olmedillo: That was decided by the Zoning Board. That doesn't have to
come before the Commission unless it is appealed. That, there was never an
appeal on that issue, so the only issue that you are confronted with right
now, would be the decision as to whether the drive -through lanes are
appropriate or they are not. Of course, one would not stand alone, if you
decide not to permit or to confirm the...
Commissioner Plummer: Drive-in.
Mr. Olmedillo: Yes, the drive through facilities. Then of course, you know, _
they don't have anything. But the issue before you, the buffer issue was _
presented before the Zoning Board and it was finalized by the vote of the
Zoning Board and it was not appealed to you, in due time.
Commissioner Plummer: I'm assuming you are telling me, it passed.
Mr. Olmedillo: It did pass, yes.
Ms. Bus: It passed, it lapsed.
Mr. Cardenas: Unanimously.
Commissioner Plummer: OK. Now, tell her what is her transitional right. If
any.
Mr. Olmedillo: Right now, it's eleven feet which is what the Zoning Board
approved. An eleven foot buffer...
Commissioner Plummer: For her?
Mr. Olmedillo: Yes. Because she lives right next to the bank property.
Commissioner Plummer: OK.
Mr. Olmedillo: So, the Zoning Board approved an eleven foot buffer, abutting
her property according to the plans that they submitted.
Commissioner Plummer: OK. Does that answer ,your question?
Ms. Bus: Well, it does, except that I thought that you were here to decide on
whether that was going to pass or not.
Commissioner Plummer: No. That was decided at the lower board.
Ms. Bus: Well.
-
Commissioner Plummer: The only we would have heard that, is if you appeal
that decision, then it would come before us.
Ms. Bus: I've been here three times.
!,
Commissioner Plummer: No, no. You have to file a formal appeal within so
-"
-i
many days.
Ms. Bus: OK. Well forget that. But now, you've been down that street many
—j
times, and you know there is traffic, there is beaucoup traffic. And I know
_.
it very well, and it, with the present proposal that they have, it will create
—'
more traffic in all directions in any way that it empties and any way that it
comes out of. If it's not going to increase any more traffic, then why the
stalls? They have the bank, they can go in there. They can make their
�!
deposits, they have got a night depository, they have got people in there that
would take care of them, it's a neighborhood bank. It infringes on the rights
of us that live there, it has made more commercial area. You have traffic
flowing on Coral Way, there is an alternative to this situation, they do not
152 April 26, 1990
have to come through 16th Avenue, they could enter on Coral Way and come out r_
that other side. If you want me to show you, I'll be glad to show you.
Commissioner Plummer: No. I could see it.
Ms. Bus: They could get in here, they could come that way, and they could
come out. The stalls should be here. They do not have to use 16th Avenue,
over here is the Farm Store. There is the bank, and here is residential area.
this is coming on to an on line traffic that... (INAUDIBLE STATEMENT OFF
RECORD) And I'll say, you know, let's think about it, J.L. you have used
that street many, many time in going to home. It's a problem.
Commissioner Plummer: Well, the problem that I see, and I see what you're
saying, empty on to a commercial street rather than a residential but it is
still commercial on the side. The problem is, if somebody was coming west and
wanted to get into that facility using your analogy, they couldn't do it, they
would have to go somewhere, make a U-turn to come back to get in.
Mr. Cardenas: The second... right...
Commissioner Plummer: If they were coming from the east to the west...
Mr. Cardenas: The second important aspect to it has to do with your comments,
Commissioner Plummer, in 187, regarding the stacking lanes. The reason why
this site plan was worked this way, was in conjunction with public works, we
wanted to maximize a number of stacking lanes that would be available, of
course, on site. What we have proposed to you is the most possible number of
stacking lanes available based on the existing structure and the existing plot
of land. If we followed other alternatives, we would be losing a number of
stacking lanes depending on the alternative proposed, and we thought that you
thought at that time in 187 rightfully so, and I hope today that with that
intersection on Coral Way and 17th Avenue and that traffic, potentially you
wanted to have as many stacking lanes as possible.
Commissioner Plummer: No question.
Ms. Bus: J.L., they are entering this way now, as it is. There are many
people that come from the bank that enter, there are many people that come
down here and enter and go out. There are people that go out...
Commissioner Plummer: The can't...
Commissioner Alonso: But they can't, they have to make a U-turn, right?
Commissioner Plummer: They can't do it. If you were coming from the east
going west, you cannot enter from those two fronts. You have to go somewhere
down and come back from there to the west, to the east.
Ms. Bus: Well, let's try, as I say, that's the alternative. But it is an
infringement on the people that live there and they are not thinking about
that. They are thinking about upping the bank and their facilities and all of
that. It's inevitably more commercialism on the residential area,
unquestionably. On the 16th Avenue as you know, sits the Farm Store on the
other side, and if you don't think that between the ongoing traffic of the
neighbors, the bank and the Farm Store, I think it is, I hope that you would
consider it again and vote accordingly. Thank you.
Mr. A.P. Rodman: Good evening. Excuse me for taking your time. I live at
22.. .
Commissioner Plummer: Your name and address for the record.
Mr. Rodman: My name is A.P. Rodman, I live at 2278 S.W. 16th Avenue. Now, I
wasn't aware When they started the petition and passing for this bank or
whatever they are going to do. My only concern is 16th Avenue. Sixteenth
Avenue is the street. where I have two youngsters and I have to go to the shop.
My wife can't do shopping at present, because the traffic is terrible, it's
bad. We cannot enter our home at any given time after working hours because
the traffic is backed up. The 7-Eleven always have cars waiting, double
parking to enter 7-Eleven. We are going to have an accident there sooner or
later', there is no buts, we are going to have one. You put a bank in there,
we are going to have two, ten accidents. The street cannot handle, that
153 April 26, 1990
corner cannot handle any more traffic. that's al.l. T come here to ask you for,
nothing else.
Commissioner Plummer: All right. Let me ask you this Al. I see what they
are saying. Al, we know that people don't read signs, and they don't listen
to signs. Can't you design that entrance and exit so that when you come out
the 16th Avenue, or in, that you cannot. make a right hand turn to the
residential area, and on this exit over here, whether it's entrance or exit,
on a slant where people cannot make a left turn into the residential area?
Mr. Cardenas: Yes. We can do a swing.
Commissioner Plummer: That can be done.
Mr. Cardenas: We do a swing out and we will be happy that...
Commissioner Plummer: That can be done, sir.
Mr. Cardenas: ...develop the sign that. would be acceptable to tZ:e Planning
Department.
Mr. Rodman: Mr. Plummer. The City put up signs where there is no left turn
after 4:00...
Commissioner Plummer: No, no. Signs, people don't read. The are not worth a
damn.
Mr. Rodman: Yes. Right. Well, that's what coming. The put up...
Commissioner Plummer: But, if they put a slanted exit driveway...
Mr. Cardenas: Right.
Commissioner Plummer: They cannot make a turn into the residential area.
Mr. Cardenas: We will do that, and let me add Commissioner,...
Mr. Rodman: Right. They are not going to enter 16th Avenue?
Commissioner Plummer: Sir. Using 16th Avenue on this map...
Mr. Rodman: Yes.
Commissioner Plummer: ...OK? Rather than a straight out exit...
Mr. Rodman: Yes, so they could turn right.
Commissioner Plummer: ....we would make an exit where it headed toward Coral
Way...
Mr. Rodman: They have to turn left. Yes.
Commissioner Plummer: ...and they could only exit that way and not make a
right hand turn.
Mr. Rodman: I quite understand you, believe me.
Commissioner Plummer: That can be done, sir.
Mr. Rodman: But if ,you forgive me, the problem is at that corner, right now.
As you come down Coral Way, to enter 16th Avenue...
Commissioner Plummer: I can't hear you. Oh. Yes, yes.
Mr.. Rodman: Without the bank there, as you come down Coral Way to turn right
to enter 16th Avenue. My child goes to school on 32nd Avenue. I have to use
the back streets, in and out because I can't use those streets, 1 can never
get through sometimes. 'There is cars trying to go into 7-Eleven. Police
officers, I am going to start asking for them to ticket these people. They
double park on 16th Avenue, and as you turn from Coral Way, you are right into
them. Someone is going to run into the back of your. It's deadly. I have
two bad crashes already. I have a broken neck, they operate on my shoulder,
154 April 26, 1990
they going to operate my wrist, twice, in the back of me right down Coral Way, —_
waiting in traffic. It's becoming just a nightmare, it's a nightmare.
Mr. Cardenas: Commissioner, the, I think that probably the key to 90 percent
of the concerns he has, is really not with this Commission, but with State
DOT, (Department of Transportation) which has the control over the access from _—
16th Avenue to Dixie and other areas that are the prime... I mean the prime_=�
cause of the concern that he is expressing, other than neighborhood traffic
going to commercial areas, which in prime location, which is always going to
happen. I mean, your neighborhood is going to get in a car and they are going
to go to 7-Eleven, to the bank, to the gas station, what, and you can't stop
that. I mean, that's why you have commercial areas and neighborhoods.
But, —
Mr. Rodman: Well, if you would excuse me saying, on this corner here...
Mr. Cardenas: Let me finish. And, but what he is concerned about, I presume
is the commuter traffic that is not driven by the residential area. That
commuter traffic is traffic that tries to go from Dixie highway to Coral Way
through 16th Avenue, and the only way that he can solve that problem, and we
have explained that to the neighbors, is by approaching Charlie Baldwyn in
State DOT, and trying to convince them that 16th Avenue is not a proper
conduit and try to come up with a situation where it discouraged that it be
used as a conduit between Dixie and Coral Way.
Vice Mayor Dawkins: No, Al. I can buy that theory if you would apply to the
bank and say the bank must go DOT too. You know, let's don't subject the
residents to something that we not going to do ourselves. Now, you wouldn't
dare want to wait, to go to DOT to ask them to do this for us. So, let's
don't suggest to the neighbors that they do it.
Mr. Cardenas: We'll be happy to go with them. -
Vice Mayor Dawkins: Oh no. OK. Well, all right. But would you be happy to
stop your whole project until you go with them?
Mr. Cardenas: No, sir. —
Vice Mayor Dawkins: All right. That's what I'm saying. OK.
Mr. Rodman: Thank you.
"- Commissioner Alonso: Mr. Cardenas, have you looked into the suggestion of
making the entrance through Coral Way? Is it possible in order to avoid this
situation, going into the neighborhood? Have you really looked into that -_
possibility?
Mr. Cardenas: Well, we... I'll answer as follows. Yes, that could be done,
but there is, there are a number of stacking spaces that you would lose with
that design, that we think are critical to the safety of the area. Because
you don't want cars backing out into Coral Way. That was the main argument in
'87, and frankly, I'll be very candid with you, Commissioner. Those entrances
that are there now, are access points that are available now. The bank has
had for the last four or five years, a pretty stable, steady number of
clients. We have experienced in the area, those neighbors including Mr.
Rodman and others know that there is not a problem in finding a parking space
in the bank slot, it's ample for parking, it doesn't cause a problem now. The _
drive-in teller facility, as you know, as long as we follow the guidelines and
_ the ordinance, and come before you with a good sound plan, and your staff is
recommending it, that's what everybody does.
Commissioner Alonso: Let me ask you a question? Was the bank open for
business during the process of reconstruction?
Mr. Cardenas: Yes.
Commissioner Alonso: Or was it closed for a period of time?
Mr. Cardenas: No. It was open.
Coninissioner Alonso: Was it open at all times?
155 April 26, 1990
AML am
Iq "IV
Mr. Cardenas: Yes, ma'am.
Commissioner Alonso: I mean, all of the last year, was it open all the time?
Mr. Cardenas: Yes. It's been open...
Commissioner Alonso: I had the impression that it was not corking for a
period of time, wasn't it?
Mr. Rodman: It has been doing, little business. It has a little bit open in
the back. But that is not the problem . When they put this drive-in tellers,
the traffic will back up. It cannot be avoided.
Commissioner Alonso: Yes.
Mr. Rodman: And when that happens, the street will be choked. We cannot
take, I can't take my children to school, I can't go to work, my wife... we
have a nightmare now. It's horrible trying to get into US-1, trying to go
around the back, getting into twenty... What's going on? We have a right to
go in and out of our neighborhood like everybody. That's a very small street,
it's in a triangle. We have S.W. 1st Avenue, 3rd Avenue, all running across
16th Avenue. It's a nightmare. People are lost, always asking for
directions. The street cannot handle it. That's all we are saying.
Commissioner Alonso: OK. How about entrance from 16th Court and an exit in
Coral Way rather than 16th Avenue. Is it possible?
Me. Sage: Security issue.
Commissioner Alonso: Enter and then exist through Coral Way only.
Mr. Sage: All right. The problem with that is again, in order to provide the
proper number, the specified number of stacking spaces, that is one car behind
the other, we wouldn't be... if we entered on 16th Court and exit on Coral
Way, number one, we would have to position the drive -up teller almost centered
with the entrance to the building. In order for our customers who exist the
drive -up teller to make the left turn to go out the driveway to Coral Way, we
would then reduce by 50 percent the required stacking. So we are back to five
or less spaces per lane, instead of the full ten.
Mr. Cardenas: Remember that the entry, ingress and egress points at 16th
Avenue and 16th Court, are all within the commercially zoned properties. In
other words, neither of those entry or egress ways are in, within
residentially zoned property. In other words, they are parallel to the 7-
Eleven to the east, and they are parallel to another commercial project to the
west. So that the traffic from Coral Way to the bank and from the bank, will
always be in commercially zoned property, not infringing on residentially
zoned property.
Mr. Rodman: Gentlemen, if the whole street was commercial, I would be here
requesting the same thing. Let's close that street, let's cut the traffic
down that we have now. I'm not talking about what you are going to create,
I'm talking about what we got can't live with. I have been trying to find out
how to get to the City to change what they have created. They put, "no left
turn" signs on my street, down the corner between four and six. The people
are cheating, they come, they turn right, they driving into driveways, they
back out, they are going to run somebody over, it's deadly. We had police
motorcycles, they sit two on the sides, two on the other giving hundreds of
tickets, it's still a nightmare. It's a small street and the triangle ties up
there and our City is becoming more congested every day. I'm not complaining
about their business, I'll give them part of my land, if I had it. I am
asking for a street to be open to my family, that's all I am asking for.
Let's not create more traffic than what we have, we can't handle what we have.
And I, believe me, I'm begging you, there is nothing we can do. We have a
badly congested City. We can't have more traffic on that street. It's only
four blocks long. It's elderly people, children, that's all that's living
there. Most of our neighbors are sixty, eighty, ninety years old, eighty-two
year old.
Mr. Sage: I would like to address that point, in behalf of the bank. The
purpose, the reason for us putting this drive -up facility, is not so that we
can go out and get new business, OK? Citicorp, has its customers, has tied its
156 April 26, 1990
customers for a number of years. What we are attempting to do is provide a
service to those customers that we already have. Those customers who are
commuters, who go to work, who need to corie in, get, either make a deposit or
make a withdrawal and continue on with their daily business. We estimate that
we will, we actually have the same amount of traffic based upon forty-three
other facilities in the state of Florida. We do not develop an increase in
our business because we have drive -ups. What we prevent is, our customers
from leaving us and going to other institutions that have those facilities.
We will take some of the tension, some of the line wait time on the interior
of the branch and divert it to the exterior, but the same amount of traffic
will pass in and out of that bank that has over the past three to four years.
Commis3ioner Alonso: I wish we can find some other solution, because I do
know that they have lots of problems in those streets, as a matter of fact.
Across from the 7-Eleven, I know it's day and night. I go to that place
everyday.
Unidentified Speaker: Thank you.
Vice Mayor Dawkins: Can we hear from this gentleman please.
Mr. Rodman: Thank you for your time, and I'm sorry I had to come here to take
your time. OK?
Vice Mayor Dawkins: No. No problem at all, sir.
Mr. Rodman: Good day.
Mr. Don Derez: Don Derez, 1852 S.W. 24th Street, I'm with the Silver Bluff
Homeowners Association. I just want to mention that I know the Zoning Board
has already approved the variance, but Citicorp does not have a right to the
drive-in teller. That's up to you gentlemen and ladies to approve. So, if
you do deny this at this time, you are also giving back that buffer zone.
What you are doing by approving this, is allowing you know, ten feet, it's
like from me to you, Commission Alonso, drive-in tellers from the residential
lot that's behind that. Also, you have the increase in traffic on the
residential streets, and furthermore, they are losing twenty parking spaces on
the south end here, by putting in the drive-in tellers. So by losing the
twenty spaces, where are those people going to park? Thank you. Oh, we had
our general meeting, monthly meeting, last Monday and all the homeowners are
behind the people that live in the area, took a vote on it.
Mr. Cardenas: Let me, if I can, address that. Number one, we are not losing
any parking spaces, and...
Mr. Derez: Yes. You are, sir. Twenty of them. I counted them today. They
are not there now. May I point it out?
Mr. Cardenas: ...We are providing twenty-five parking spaces, the court
requires eight.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Vice Mayor Dawkins: You are going to wrap this up, Mr. Cardenas?
Mr. Cardenas: Yes. Let me wrap this up, if I can. Number one, the, right
now, this facility does not have a buffer. She has zero buffer. So, in other
words, this is a preexisting structure, prior to the ordinance with a buffer.
Right now, if you deny this, the people who are criticizing the buffer, are
going to end up with zero buffer, because they have none. Their parking space
goes to the end of the boundary of the property line, they know that. In
addition to having the existing parking lot, parking facility go all the way
to the boundary of the property, they are going to have an improvement. This
is not, if you deny us, they will have fifty feet. To the contrary, if you
deny us, they will have nothing. If you approve what we are asking for, they
will have an eleven foot buffer with thick landscaping, approved by your
Planning Department with a seven foot wall. So it will be a considerable
buffer improvement over what's there now. In terms of losing any parking,
obviously, one of the reasons why we are putting the drive-in lane facilities,
is that people will drive through rather than park on the premises, so it will
` be a substantial improvement in parking requirements, because most of the
= people will be driving through rather than parking. As it is, with the ten
157 April 26, 1990
stacking lanes, per lane there, we have in addition to that, parking that is
in *excess of what's required by the code. So there is plenty of parking,
there has never been any concern by the neighbors or anyone regarding lack of
parking in the facility. The stacking lanes and drive-in facility will
decrease substantially the number of people who want to park, because they
will do their banking by the drive-in facility, and this is the fourth time
that this issue is before a body of the City Commission. It's been approved
unanimously by both the Zoning Board and this Commission in 1987, and now it's
been approved unanimously by the Zoning Board again in 1990, and four of the
five members of the Commission who are sitting here today, voted for it. in
1987. This is an improvement over that plan. Citicorp is entitled to the
same business rights that Southeast and every one else that, has drive-in
facility in their vicinity. We have come up with a plan that is satisfactory
to your staff. They are recommending it, and I urge ,you to follow the
recommendation of your staff, and the unanimous recommendation of your Zoning
Board, and your unanimous vote of 1987.
Vice Mayor Dawkins: One final statement from this gentleman, and we will
close the public hearing.
Unidentified Speaker: This is Earth month, let everybody park. Walk to the
bank.
Vice Mayor Dawkins: Thank you, sir. Any further discussion? Yes, any thing
else from the Commission?
Commissioner De Yurre: J.L., you got some thoughts?
Commissioner Plummer: The only thoughts that I continue to have is to the
protection of the neighborhood, and I think that can be accomplished by one,
entering, just reverse your entering and exits. Number two, in fact, on your
exit you would have a slanted exit rather than straight, to prohibit turning
into the neighborhood. You know what I mean?
Mr. Rodriguez: You saying that both the exit and the entrance are at an angle
toward Coral Way?
Commissioner Plummer: That's correct.
the neighborhood.
Mr. Rodriguez: Make it difficult, yes.
So that they cannot make any turn into
Commissioner Plummer: Now, how many parking spaces will be left?
Unidentified Speaker: You cannot reverse it because it is a security issue.
Mr. Rodriguez: What do you mean?
Commissioner Plummer: How many after, because he is right. They are
eliminating some parking spaces. How many will be left after the parking in
the back is eliminated for the parking?
Mr. Rodriguez: Well in that issue, Commissioner, it's true that some parking
spaces are being eliminated.
Commissioner Plummer: I understand, but how many parking spaces are left?
Mr. Rodriguez: I know, they are going to find out. They're looking for that
now. In the meantime, I'm trying to keep you entertained.
Commissioner Alonso: How many they nave?
Commissioner Plummer: How many are left?
Commissioner Alonso: Twenty...
Commissioner Plummer: And how many are required by code? So they're
approximately three times over code. OK.
Vice Mayor. Dawkins: Anything else from staff?
158 April 26, 1990
Commissioner Plummer: No, I would move for approval based on the buffer zone,
of course, being in place. That it be maintained by the bank at all times,
that they reverse the flow of the ingress and egress of the drive-in tellers.
And that both the ingress and egress from the street be in a such a manner.
_ that a turn would be prohibitive back into the neighborhood forcing the
traffic on to Coral Way.
Al Cardenas, Esq.: Commissioner, as to all those four points, there are three
_ points that are obviously very sound suggestions and we'll follow. The only
one that I urge you to reconsider is the one reversing the flow and their only
reason for it is a security factor because it's very important for the tellers
to be able to have visual contact with the drivers and if you reverse it, _
- that's not going to be possible. I mean, if it's a do or die thing, obviously
we'll accept it. I just urge you to reconsider.
Commissioner Plummer: Al, I still have to express my concern about the backup
traffic from 17th Avenue on 16th Court. It's going to make it impossible for
somebody to try to make a lefthand turn to go west on Coral Way. That's the
only reason I'm saying it.
Mr. Cardenas: Well, we don't...
Commissioner Plummer: All right, look. I will do it to this extent...
Mr. Cardenas: OK.
=_ Commissioner Plummer: I will leave it in the hands of my professionals to
make the determination...
Mr. Cardenas: OK, sir.
Commissioner Plummer: ...they are free to make what decision they want what
is best for the best flow of traffic.
Mr. Cardenas: OK, sir.
Mr. Rodriguez: As to the issue, reversal of flow, of ingress and egress only.
Mr. Cardenas: Right. OK.
Commissioner Plummer: That's to your. discretion.
Vice Mayor Dawkins: What's your motion now?
Commissioner Plummer: What?
Vice Mayor Dawkins: What is your motion?
Commissioner Plummer: That is my motion, those four points.
Commissioner De Yurre: OK, I'll second that motion.
Commissioner Plummer: Approved based on those four points.
Vice Mayor Dawkins: All right, any further discussion? Call the roll, Madam
Clerk, please.
Commissioner Plummer: You got it?
159 April. 26, 1990
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 90-332
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD TO GRANT A SPECIAL EXCEPTION, SUBJECT TO CITY
COMMISSION APPROVAL, FROM ORDINANCE 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 4 OF 6, CR-2/7 COMMERCIAL
RESIDENTIAL (COMMUNITY) AND CR-•1 COMMERCIAL
RESIDENTIAL. (NEIGHBORHOOD), PRINCIPAL USES AND
STRUCTURES, TO PERMIT A DRIVE-IN FACILITY FOR CITICORP
SAVINGS OF FLORIDA, LOCATED AT 1600 SOUTHWEST 22
STREET, (CORAL WAY), ALSO DESCRIBED AS LOTS 14-19 LESS
NORTH 25' OF LOTS 16 AND 17, BLOCK 3, WOODSIDE, AS
RECORDED IN PLAT BOOK 5 AT PAGE 28, OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA, AS PE: PLANS ON FILE,
THIS SPECIAL EXCEPTION BEING FILED IN CONJUNCTION WITH
A SPECIAL EXCEPTION FOR A REDUCTION OF THE
TRANSITIONAL AREA WHERE A CR LOT ADJOINS AN RS-2
DISTRICT; THIS SPECIAL EXCEPTION 'BEING ALSO SUBJECT TO
THE CONDITIONS STIPULATED HEREIN AND TO A TWELVE MONTH
TIME LIMITATION IN WHICH TO OBTAIN A BUILDING PERMIT.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Victor De Yurre
NOES: Commissioner Miriam Alonso.
ABSTENTIONS: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL;
Commissioner Alonso: I believe drive-in is important and I wish he had found
a better solution for the neighborhood. Therefore, I have to vote no.
Vice Mayor Dawkins: Ah. I vote no it goes down the drain.
Commissioner Plummer: Hey, that's the name of the ballgame. We now hear the
wisdom of Solomon. Let your conscience be your guide.
Vice Mayor Dawkins: What you said about the buffer zone?
Commissioner Plummer: The buffer zone has already been approved and that's
eleven feet of landscaping. It must be, at all times, maintained by the bank.
Vice Mayor Dawkins: That's eleven feet from the bank and eleven feet from the
property owner, making 22 feet or are we talking about five and a half from
the homeowners property and five and a half from the bank's property?
Commissioner Plummer: As I understand it, it is eleven feet from the back
property line, which is adjacent to the homeowner.
Mr. Cardenas: Right.
Mr. Rodriguez: Right.
Mr. Olmedillo: Within the bank property.
Mr. Rodriguez: Within the bank.
Commissioner Plummer: Huh?
160 April 26, 1990
Mr. Olmedillo: Within the bank property, eleven feet.
Commissioner Plummer: Yes, of course, in the bank property.
Vice Mayor Dawkins: Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Commissioner, De Yurre: It carries.
Mr. Cardenas: Thank you, sir.
38. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1969-2000, FUTURE LAND USE MAP - CHANGE LAND USE DESIGNATION AT 3560
MAIN HIGHWAY AND 3227 FRANKLIN AVENUE FROM SINGLE FAMILY RESIDENTIAL TO
RESTRICTED COMMERCIAL, WITH PROVISOS (Applicants: David & Christine C.
Hill). (Taurus Restaurant).
Vice Mayor Dawkins: PZ-5.
Mr. Guillermo Olmedillo: PZ-5 and PZ-6 are related items, Mr. Vice Mayor and
PZ-5 addresses the issue of the plan amendment. PZ-6 addresses the issue of
the zoning change, zoning amendment. The request is to change from RS-2/2
which is a single family district to an SPI-2, which is a mixed use commercial
district. It's the special district for the Coconut Grove village center.
The Planning Department has recommended denial on both counts. The Planning
Advisory Board recommended approval on an 8 to 1 basis. The Zoning Board
recommended approval on a six to two basis. The issues that we have reviewed
are the precedent that this change may present for the neighborhood and the
intrusion that the use under the SPI-2 may bring into that residential area.
Commissioner Plummer: Before the attorney starts, lets me ask a few
questions, just to get it back and refreshed on the memory. Prior to the
tearing down or moving of the old building and putting the new building,
approximately how long was that used as an office?
Mr. Olmedillo: That was for many years. I've been told that 1911, but...
Commissioner Plummer: OK.
Mr. Olmedillo: ...it preceded me. It preceded me.
Commissioner Alonso: That's a long time.
Commissioner Plummer: In other words, for a long time. Longer than I am old.
OK?
Mr. Olmedillo: I don't know that, sir.
Mr. Rodriguez: Not sure of that.
Commissioner De Yurre: Not by much.
Commissioner Plummer: OK. What was that answer that I missed? That got you
fired? Now, the other question is, so that we're all dealing - and I think
I'm saying this more for you because you weren't here before...
Commissioner Alonso: Thank you.
Commissioner Plummer: The only reason, as I recall, that the commonly
referred to Taurus property is involved, is because of the fact to get an
application before this Commission, it was a requirement of 200 front feet.
Is that correct?
Mr. Olmedillo: That is correct. Or contiguity.
Commissioner Plummer: OK. Which it is not.
161 April 26, 1990
Mr. Olmedillo: It's contiguous in the sense that the two districts do
touch..
Commissioner Plummer: Yes, but in other words, to get the 200 front feet,
- even to get an application in, you had to have the Taurus property included
1=
because they're both by the same owner.
Mr. Olmedillo: That is correct and what you have before you are the two lots -_
which are colored in yellow in the transparency, the one that my pen is
pointed at, at the one across the street. —
Mayor Suarez: Guillermo, you said, or contiguity and that's precisely where I_
think you confused the matter a little bit. What he's saying is, that because
they are contiguous and because between the two of them, they add up to more
than 200 feet of frontage, that's why the application can come in.
Mr. Rodriguez: No, you need only one of the two conditions and they meet...
Mayor Suarez: Well, I know, but if one is not 200, then you need to have a
contiguous one that adds up to more than 200 between the two.
Mr. Olmedillo: No, you can have it contiguous...
Mayor Suarez: Or either one.
Mr. Olmedillo: You can have either one and still meet....
Mayor Suarez: As long as they're contiguous. So it's not, or contiguity you
need, and, in this particular....
Commissioner Plummer: And/or.
Mayor Suarez: And, exactly.
Commissioner Plummer: OK. Now, also, as I recall, at the last hearing, the
real area of objection was the area of concern and fear by the residents that
if, in fact, this entire tract, which is application in. one form before us,
that the SPI would, in fact, be applied to the back of the so-called Taurus
property.
Mr. Olmedillo: That is correct. You may remember that the original
application, a year and a half or a year ago, was for the entire property.
Commissioner Plummer: That is correct. Now, we were also told at the time
that that could taken care of and that danger eliminated by a covenant.
Mr. Olmedillo: Yes, a voluntary covenant from the applicant can restrict it.
Commissioner Plummer: That's correct. Because, as we know, that the front
parcel today, under the SPI, could, in fact, be built a five story office
building.
Mr. Olmedillo: That is correct.
Commissioner Plummer: OK. Now, for my edification, that little parcel which
is really this whole application that is really before us, if the SPI were to
be applied to that, what could you do with that little parcel?
Mr. Olmedillo: Oh, architects are trained to build on anything. So, there
will be...
Commissioner Plummer: Barring a 73 story high building...
Mr. Olmedillo: No, a 50 foot...
Commissioner Plummer: ...what could you do with that little parcel? I mean,
in reality?
Mr. Olmedillo: Well, as a practical matter, you can only do a small building.
It might be 50 foot high because that's the limitation for the district.
162 April 26, 1990
571
Commissioner Plummer- But we did cover that in a covenant.
Mr. Olmedillo: You can take care of it in a covenant..
Commissioner Plummer: Just want to set the record straight, thank you.
Mr. Olmedillo: Thank you.
Stanley Price, Esq.: Mr. Mayor, members of the Commission, my name is Stanley
Price. I'm with the law firm of Fine Jacobson, 1 CenTrust Financial Center,
representing the Applicants before you today. Let me also introduce Mr.
Stephen Helfman, my partner, who may or may not be part of this presentation.
Commissioner Plummer: First of all, let's get you on the record that you are
a registered lobbyist...
Mr. Price: Yes, sir.
Commissioner Plummer: ...second of all, anyone that is going to testify in
this matter, raise your right hand and be sworn in, mostly the attorneys.
Mayor Suarez: And if any of the opponents are going to testify, please raise
your hand too so we can get everybody sown in and sort of collective fashion
here.
AT TI•IIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Mayor Suarez: You know, Frank waited until the very last minute to raise his
hand. I don't know if that means anything.
UNIDENTIFIED SPEAKER: Just to protect myself, Mr. Mayor.
® Mr. Price: Mr. Mayor, members of the Commission, at the Zoning Board, we
presented a newspaper article which was part of the record. Unfortunately, it
was not brought here by staff, but it's part of the record, indicating the
history of this site, going back to the fact that in 1911, an office use was
established on the piece of property that we are discussing, and as
Commissioner Plummer pointed out. We are here today on a procedural point and
why we have not challenged staff's determination, I would like to respectfully
point out that our application includes more land than I believe legally is
required to be included in the application. It is my opinion, and shared by
the Planning Department, when discussing it with the Planning Department, that
the only tract that had to be included is, in fact, the tract in which the
Taurus Restaurant is included, is located. The area, the tract behind the
Taurus Restaurant, need not be included in this application. In view of the
fact that if you draw a line from the portion which the office is presently
located, to the Taurus Restaurant, they would intersect and, therefore, they
=R are deemed to be contiguous lots. To further support what Commissioner
Plummer said today, we have and we would encourage the Commission, to deny
that portion of our application relating to the Taurus property. However,
based upon your procedures, we are compelled to add that property to our
application. In addition, we are not seeking all of the benefits of the SPI
district. We have proffered a restrictive covenant which has been filed with
the City Attorney's office with the appropriate opinion of title enjoined your
j mortgagees, which specifically limits our site to professional office use
�r
only, or your RO district. In addition, we have received some criticism that
several of the uses that are placed on that property, professional office, may
be too all inclusive. Mr. Hill is prepared today to cross out all uses
contained in that covenant, save and except a real estate office, exactly what
he has there today. And the exact use, the identical use, which has been on
that property for 79 years, uninterrupted use. Now, at the Zoning Board, an
issue arose that, in fact, there was a cessation of use when the little office
building was utilized and moved from this property. I'm going to hand up to
the Commission, a series of photographs. Photographs.,.
Mayor Suarez: The cessation of use was when? How did it happen?
Mr. Price: There was not cessation of use and we'll be able to prove that
too.
Mayor Suarez: Oh, there was no cessation.
163 April 26, 1990
Mr. Price. Right. It was claimed that there was a cessation of use by
neighboring property owners. In photographs A and A, we show you the old
office building that was on the site for many years. In photographs C and D,
we show you how this office building was placed on the truck to be moved. On
photographs E and F, we show you that this little home, this little office,
was on the site when they other home was completed and we show you a
photograph of the existing office as it exists today. And let me go into a
little history which has become a major issue in this matter and that is the
intent of Mr. Hill when he constructed this building. We represented, and the
permits are represented, that Mr. Hill sought to build this building as a
home. Under your zoning code, that does not mean that he had to abandon an
office use because office uses are permitted in a home as part of a home
occupation. When this home was being built, and it was being built for Mr.
Hill's father to reside in, during the construction period, Mr. hill's father,
unfortunately, passed away. Those of you who remember Mr. Hill's father
remembered he was confined to a wheel chair and you will notice special
construction on this site that has ramps that were built for specifically that
purpose. While Mr. Hill was building this property, it was brought to his
attention that this corner of Franklin and Main Highway was a major trouble
spot and was a serious intersection regard to accidents which were occurring
on a constant basis. The City also received complaints that school buses and
other large vehicles were unable to meander that intersection without creating
harm. Mr. Hill was requested by the City and voluntarily donated to the City,
the right-of-way and improved the right-of-way, and that intersection, I
believe, from the traffic study, which has been submitted to the City, has
indicated a major reduction in accidents on that intersection. That
improvement cost Mr. Hill $35,000 without calculating the land value, which
was donated to the City. Now, as I indicated, we have proffered a declaration
of restrictive covenants. Those covenants limit the uses on this property.
We not only would ask, we would encourage this Commission to deny the other
portions of Mr. Hill's request, which is on the reapportion of the presently
existing Taurus Restaurant.
Commissioner De Yurre: What does the covenant say?
Mr. Price: The covenant limits the property, sir, to solely - the tract in
question which is the office tract - solely to professional office building
use. We will be happy to include in that covenant, before second reading, a
limitation on height and other limitations that this Commission feels is
appropriate.
Commissioner De Yurre: Well, you know, the problem that I have with that is
that professional use, if you have a doctor's office, you got 30 people
parking cars all over the place. A real estate office is one thing, you know,
professional use allows a whole list of things that could create a problem.
Mr. Price: Commissioner De Yurre, I'm prepared to have Mr. Hill come up
there, cross out everything on that list except real estate office.
Commissioner De Yurre: OK, so then what we're saying right now is that the
present use is the only use that's going to be occurring on that property.
Mr. Price: That is correct, sir.
Commissioner De Yurre: OK. What else you got?
Mr. Price: We have several neighbors and residents of the Coconut Grove area
who would like to address...
Commissioner Plummer: What else in the covenant? -if anything?
Commissioner De Yurre: Yes, I'm talking about the covenant. Anything else?
Commissioner Plummer: Is there anything else in the covenant?
Mr. Price: No, sir, just the typical enforcement provisions. Excuse ene, and
it cannot be modified without the consent of 75 percent of the residents who
reside within 350 feet of the property.
Commissioner De Yurre: OK, now, does it allow to knock down the existing
property and building something else there?
Commissioner Plummer: That wouid be modified.
Commissioner De Yurre: Well, I don't know, because they could take the house
and move it over to the left and just like we're seeing these pictures here,
allegedly, and all of us...
i
Commissioner Alonso: This is too large, the one they have now.
J Commissioner Plummer: No.
4 Mr. Price: The reality, sir, is that the size of the structure on that
- property, there could be no other structure placed on that site.
J Commissioner De Yurre: OK, so then you have no problem saying that you will
L.-
not - that the zoning you're seeking now is contingent on that house existing
there.
=_ Mr. Price: That is correct and we would further agree to stipulate that that
use will not be enlarged.
Commissioner De Yurre: And nor the property be replaced.
Mr. Price: That is correct, sir. And we would further stipulate, and I've
=_
offered this in discussions with certain representatives of the Key Biscayne -
- excuse me, Key Biscayne, that was last week's jury.
(Laughter)
!-
Mayor Suarez: Did you lose that one too, Stanley?
Mr. Price: That one I did all right with, Mr. Mayor. The Coconut Grove Civic
_
= Club that I indicated that the use on this property could not be used as an
_
_ ancillary use to any other properties that may be acquired or in the future.
s That has been rejected and, once again, I have attempted, in good faith, to
restrict it solely to the function we have on that property today.
Commissioner De Yurre: Good. Go ahead.
Mr. Price: Also, that restriction on approval of neighbors within - 75
percent of the neighbors within 350 feet - I think is a somewhat unique
situation and once again, does not permit us unilaterally to come back before
this body to change the covenant. If I may, I'd like to have several
speakers, Mrs. Gibson.
Commissioner Alonso: Could it be that the fear that the neighbors have is
that that adjacent properties could change the zoning because they are
adjacent to a commercial property? Could it be that that's the fear that they
have?
Mr. Olmedillo: That was one of the fears that the neighbors expressed at the
previous hearings, it is.
Commissioner Alonso: If that is the case, can we say that one foot at the
corner of the property, it's not changed, the zoning. Therefore, we guarantee
to them that that will not be possible?
Mr. Olmedillo: The Commission, in the past, has decided to do so on some
properties, some rezonings, because you have the ability to grant less than
what it's applied for as far as the area is concerned. So, the Commission has
used it in the past and I'm sure the other Commissioners...
Commissioner Plummer: Well, but also for the record, one of the other things
is that it no longer is there a transitional use from the SPI.
Mr. Olmedillo: That is correct.
Commissioner Alonso: That's right.
Mr. Olmedillo: That is correct.
Commissioner Alonso: That's right.
165 April 26, 1990
Mr. Olmedillo: For the record, Mr. Mayor, I would like to add a couple of
things to clarify. Mr. Stanley Price put on the record that the use has never
ceased. As a matter of fact, and I must enter this fact into the record, the
issue was in front of the Code Enforcement Board and they did decide on the
issue and they found the applicant guilty. So that issue is not part of this
that was decided already by the Code Enforcement Board.
Mayor Suarez: What you're saying is, we have a City finding of some
deliberative process that concluded that, in fact, there was a cessation of
that use.
Mr. Olmedillo: That is correct, sir.
Mayor Suarez: Whether that contradicts or doesn't, his allegation.
Mr. Olmedillo: And, and I would just have it on the...
Mr. Price: We want testimony...
Mayor Suarez: To rebut that.
Mr. Olmedillo: And the issue of adjacency, I think, for prudence, I think
this, more than anything else, the applicant was explained that if the lot,
which is immediately behind the Taurus Restaurant right now, were not to be
included in the application, then an interpretation had to be made by the
zoning administrator, which, in fact, would have turned this case into an
appeal case from the start. And we believe that it was better, it was easier
to handle it if the applicant will come forth and include the lot which is
right behind the Taurus as well as the lot across the street, the triangally
shaped lot.
Commissioner Plummer: Are you saying, included for the purposes of the
application only?
Mr. Olmedillo: Right, Only. Right.
Commissioner Plummer: I assume you would want us in our decision, if it's for
approval, to deny that portion?
Mr. Olmedillo: That is correct.
Mr. Price: And that is what we've represented to this Commission.
Ms. Thelma Gibson: Thelma Gibson and I live 3661 Franklin Avenue in Coconut
Grove. I speak on behalf of the applicant and I spoke at the planning meeting
primarily because of some inconsistencies in what was being said about that
property and what it was. I always like to tell this because I was born in
the Grove in 1926. My father was born there in 1903 and lived on Charles
Avenue, which was just one block north of the property we're talking about.
And when I finished high school on February the ist of 1944, I went to work
at - which is now the Taurus - was then the La Casita Restaurant and I was a
bus girl. I bused the tables and I worked for $17 a week and at that time,
the little office on the corner was a doctor's office.
Mayor Suarez: That's about what we get paid.
Ms. Gibson: You know, ,yes, yes. And it was really an interesting thing
because a lot of the neighbors were saying that you were coming into the black
neighborhood. And I like to tell this story because when I was a child, we
got all of our Christmas trees from off of that street on Franklin. The black
community started at Franklin and Hibiscus and we're talking about Main
Highway. We couldn't even go up to Main Highway except to go through the back
door into those homes in those days and we go tour Christmas trees off there.
And across the street where Stirrup is now, the houses that are there, we used
to - that was a crab hole and the crabs came across Main Highway and came up
in the little holes and we caught crabs and had many a meals from those crabs.
So there was nothing there back in the 40's. The first two houses that were
built behind the La Casita were built by Mrs. Virrick and her husband, her
late husband, and they were 2-story houses, four families could live in those
houses. So that then, down the street further, they started building
apartment houses. And so it was never all single family on that Franklin
166 April 26, 1990
Avenue area. And I wanted the record to be clear on that, because so manv
people had so many different things to say. When we went across to Ransom
School, it was because Mr. Culmer who works there, would let some of the black
children, colored, we were colored then, we weren't even Negroes back then, we
were colored. They'd let the colored children come across and go out on the
boat into Biscayne Bay so that we could play and some of our kids learned to
swim. Others learned to swim down at the hole by the University of Miami.
But it was just for clarification that I wanted you to know that there was no
infringement on the black community because there was never a black community
in that particular area of Franklin Avenue and Main Highway. The black area
began, as I said earlier, at Hibiscus and Franklin. And I just think that
when we think of what's happening there, it's always been an office area and I
know when they moved the little house from there, they had already built the
big house in back and made the improvements when they moved the little office
space. And Frank Cobo's office moved from the little house into the main
office at that time so that it was always continuous use. And I just wanted
that put on the record. Thank you very much.
Mayor Suarez: Thank you.
Father John Vaughn: Father John Vaughn. I'm more hoarse than usual, 3455
Royal Road, which means, in practice, that I live at the corner - we live at
the corner of Royal Road and Franklin Avenue. The pink house, as it has
become known, is a welcome addition to Franklin Avenue. But I am very happy
with the proposed restrictions on the use that it be limited - the use be
limited to a real estate office and as a result, I am in favor of what is
being recormnended at the present time. Thank you.
Mayor Suarez: Thank you, Father. Anything else on your presentation., Stan?
Mr. Price: If I just may ask those people who were here in support of the
application to please stand up, Mr. Mayor.
Mayor Suarez: Please do.
Mr. Price: If I may, I'd like to reserve some time in rebuttal.
Mayor Suarez: OK, opponents. Didn't specifically ask for you to stand up,
but I guess it's helpful. We have both, in quick succession. Hopefully,
you've organized the opposition to have a limited number of people speaking, I
hope.
Mark Reeves, Esq.: Well, I just represent one client, not the opposition,
unfortunately, but...
Mayor Suarez: But, I mean, have they, in fact, organized themselves into two
or three speakers, I hope?
Mr. Reeves: I think they have. Tucker, have they organized themselves?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Reeves: OK. I'm going to be....
Mayor Suarez: Well, what did he sayl I'm sorry, Tucker, I didn't hear that.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Fitzsimmons again. Are there a discreet number of people that
will speak? Keep it in mind that makes the presentation a lot more effective,
not to mention that sometimes it could be counter productive to have too many
people saying the same thing over and over again.
Mr. Reeves: I agree. My name is Mark Reeves. I'm with Steel Hector & Davis
representing David Swetland in opposition to this application. I appreciate
Stan's remarks about limiting...
Commissioner Plummer: Sir, are you a registered lobbyist with the City?
Mr. Reeves: I certainly am.
Commissioner Plummer: With the City?
167 April 26, 1990
Mr. Reeves: With the Citv.
Commissioner Plummer: Thank you.
Mr. Reeves: I knew you were going to ask me that. I appreciate Stan's
concerns in limiting the covenant for what we will call the triangular parcel,
which is located right here, and my client wants to be reasonable. My client
objects to this application, particularly because it will amend the
comprehensive plan and because it will amend the zoning code to permit the SPI
zoning district to hop across Franklin. This is what the residentially zoned
areas look like right now. This is what the SPI zone looks like right now.
In Coconut Grove, there is a central. village in this area, of intense
commercial uses. There is a natural terminus that occurs by the intersection
of Main Highway and the existing commercial that comes to a point right here.
If this zoning application is granted, this is what will happen. As you know,
the zoning boundaries go to the center lines of streets and this is what will
happen. The terminus no longer becomes - no longer is the terminus and the
SPI district hops across Franklin and looks in very impending nature, a very
impending manner, like it is going to be heading further south. My client
does not want this. The constrained Main Highway corridor will not support
further intense development in this area. We would be perfectly happy to
maintain the status quo if this Commission was asked to make a determination
of nonconforming use, we would be perfectly happy. We don't have a problem
with that building operating as a very low key real estate office, But to
extend the zoning district.
Mayor Suarez: Why was that not a consideration in all of this as an
alternative way to proceed?
Mr. Guillermo Olmedillo: You may remember that the Law Department rendered...
Mayor Suarez: The old illegal - I mean, legal - nonconforming use that
doesn't require all kinds of changes of zoning and all of that.
Mr. Olmedillo: Because they were not vested. The Code Enforcement hoard
found them guilty of a violation of having the office there.
Mayor Suarez: What he's proposing then is not feasible, is that what you're
saying legalzy?
Mr. Olmedillo; Yes, you may remember that the Law Department rendered an
opinion by which, in this particular case, you couldn't do it because
originally the applicant could not apply...
Mayor Suarez: Yes or no? It cannot be done, is that what you're saying,
Guillermo?
Mr. Olmedillo: Right, it cannot be done.
Mayor Suarez: Nice idea, I guess.
Mr. Reeves: Can that decision be appealed? Is that decision appealable?
Mayor Suarez: I'll tell you what, if that could be done, that would make a
lot more sense to me than what they're requesting, but go ahead.
Mr. Reeves: I think it makes clear sense. You've seen how the SPI district
terminates, it;s perfectly natural, perfectly clear and perfectly simple and
this just bangs, opens the flood gates for SPI continuing further south, and
we just don't want that.
Vice Mayor Dawkins: Didn't you say that the yellow in between the blue would
not be used? Didn't the covenant say that?
Mr. Price. Sir, we're asking you to deny that portion of the application so
that becomes a non issue.
Vice Mayor Dawkins: Non issue? So, if it becomes a non issue, then we're
doing essentially what he says by just dealing with the triangle.
Mr. Price: With the restrictive covenant, yes, sir.
168 April 26, 1990
Mr. Reeves: Actually, Commissioner, the zoning district would still govern
the triangle so the zoning district, the SPI district, still will jump across
Franklin and encumber the entire triangular parcel. It will no longer be
zoned single family residential with a nonconforming use being a real estate
office. It will be zoned SPI-2.
Vice Mayor Dawkins: Can anybody confirm - can staff confirm or deny that?
Mr. Rodriguez: I'm sorry, we're...
Vice Mayor. Dawkins: See, well, all right, let's - well, let's be a little
more attentive because we can't stay here all night going over things twice.
Go ahead.
Commissioner Plummer: The basic question is, is there a potential way of
declaring where the pink house exists as a legal nonconforming use? Is that
possible?
Mr. Rodriguez: That's what we were discussing and we are of the opinion...
Commissioner Plummer: Well, come to a conclusion.
Mr. Rodriguez: Our opinion is no, but I leave it to the Law Department to
make sure.
Commissioner Plummer: And why is the answer no? Because of a decision of the
Code Enforcement Board?
Mr. Jorge L. Fernandez: No, not necessarily. I'm trying to recollect what
some of my associates who issued the opinion was but if they're not able to
apply for it to begin with, they could not bootstrap themselves into getting
the zoning by coming this route.
Mr. Joe Genuardi:: Excuse me, Joe Genuardi. On the non...
Mayor Suarez: Yes, so often, if I may interrupt, Joe, it so often happens
that something we would like to do by a simple expedient cannot be done and we
have to do something that we really have all kinds of philosophical public
policy objections to, you know, to get accomplished what could be done much
simpler as in this particular case.
Mr. Genuardi: As a non conforming use, they would have had to come in and
apply for a special exception to rebuild a building with a non conforming use.
They moved the building and built the single family home before they applied
for the special exception, so they lost the opportunity for a continuation.
Mayor Suarez: And that's lost forever and ever.
Mr. Genuardi: Yes.
Vice Mayor Dawkins: So it's written in stone that you can't go back and pick
that up because they violated a law by a nonconforming use and they were fined
- by the Zoning Board so, therefore, we must go and rezone a whole area instead
of doing what Mr. Hill wants, give him just the right to use a building which
he paid a fine for violating and what have you. Is that what you're telling
me?
Mr. Olmedillo: Yes, and the only way that we can provide you with this is...
Mayor Suarez: Never paid the fine?
— Mr. Olmedillo: The applicant...
Mayor Suarez: At some point, I hope your client answers that particular
argument. Anyhow, the question is a very logical one. You're saying that
because this just happened that particular way historically, we can't go back
and redo it right?
Mr. Olmedillo: That is correct, the only way to do it will be rezoning and
rezoning with. the conditions that the applicant has submitted to you achieves
basically the same way.
169 April 26, 1990
Mayor Suarez: All right.
Mr. Reeves: Mr. Mayor, could we just ask the applicant's attorney if he could
make a legal argument to...
Mr. Price: I believe that this use is a pre-existing use, not a nonconforming
use. This use was established prior to the enactment of your zoning code, and
if I can demonstrate to you this use has been continuous regardless of what
the Code Enforcement Board found, part of my client's problem is he was not
represented by legal counsel during the...
Mayor Suarez: Can we superimpose our judgment after the fact that there was
no cessation of use and go back to the legal nonconforming use?
Mr. Price: It's not a legal nonconforming use...
Mayor Suarez: No?
Mr. Price: ...it's a pre-existing use.
Mayor Suarez: Oh, pre-existing to the code that made it nonconforming.
Mr. Price: And, therefore, it is permitted to continue in existence.
Mayor Suarez: Does it make sense to - I don't know how the Commission feels
about this and I don't know how the public feels about this - but for us to,
in any way, defer these proceedings to see if that particular solution can be
fashioned, that would be satisfactory to every body? I mean, I'm hearing from
the opposition that they would have no problem with that particular...
Mr. Reeves: My client would have no problem in maintaining the status quo.
Mayor Suarez: Oh, your particular client. I see.
Commissioner Alonso: Mayor, but also...
Mayor Suarez: All right, well, we'll hear the whole thing and maybe we'll go
back to that, I don't know.
Commissioner Alonso; Yes, but let's be realistic about this. You are saying
that you will have no objections and that office will be there regardless
whether we go that route or the change of zoning? Right? In that location,
you are going to have exactly the same type of office, exactly the same
construction that you have right now. So the fact of the matter is, nothing
will change. You will have that house there. You will have the same
construction, you will have the same real estate office. Why are we doing
this?
(Applause)
Mayor Suarez: Please.
_ Commissioner Alonso: To me, we are complicating things unnecessarily. Why
don't we say, it's exactly the same thing. I have to wear glasses to read.
That is a fact. Whether I use mine or I borrow glasses, I need them to read.
That is a fact. Right there, you have a property that exists now, whether we
g; do it that way that they say it's illegal, but you say you will agree if that
route was followed but the end result that concerns to me, as an elected
official, to respect the will of the neighborhood as well as to provide a
normal understanding of both parties and obtaining an end result that everyone
lives and everyone can live with the result. You are saying, if it's not that
way, you will be happy having that property and having that real estate
office. That's what you stated for the record, right?
Mr. Reeves: That's correct.
_ Commissioner Alonso: OK, whether it's done one way or the other, to me
you're going to have the same structure, the same office, so let's do it
whatever way it's legal, but having it done because nothing will change. What'
we have to protect the neighborhood is that tomorrow they don't tear down the
house and build a huge building. That, I don't want. That, they don't want.
1
170 April 26, 1990 ��
If we assure everyone that that will not. happen and the Lepnl Department tells
me that they will really follow whatever steps to protect the neighborhood
from that happening, I think we are wasting time. We should move ahead and
say, this is what's there now and approve that because you people seem to be
in agreement with that.
(Applause)
Mayor Suarez: Please address the whole issue of why - you know, what the
Commissioner is saying, because all of us are going to be concerned about it.
Mr. Reeves: Commissioner, what you're saying makes a tremendous amount of
sense. It is common sense. However, the problem is by approving the
comprehensive plan amendment to commercial restricted from residential single
family to commercial restricted, and by approving the zoning change from RS-
2/2 to SPI-2, you are destroying the integrity of the existing residential
neighborhood by bringing the SPI-2 district and the commercial restricted
boundary further down, The boundary is moving, I agree, it sounds like its a
formal acceptance argument, but it is not, Commissioner. Because as you are
setting a precedent as further decisions are made, notwithstanding the fact
that there's a gap of a foot or whatever. I really don't think...
Commissioner Alonso: No one else will be able to have it.
Mr. Reeves: I really don't think that in the future, the gap of a foot
between the district boundary and the property line is really going to
preserve the integrity of the neighborhood.
Commissioner Alonso: No one can use it and say, I'm adjacent to these
property that has that zoning. No one can use that as an excuse because we
will say, in fact, it's not true.
Mr. Reeves: But I just don't know that that will be upheld in court. I
really, really don't know that a decision like that will be upheld in court.
Mayor Suarez: Have we had a challenge on that on some of the other cases
where we've structured a one foot - it's not really a buffer - but a one foot
district?
Commissioner Alonso: Now, let's go back then to the suggestion that he made
and please listen, both City Attorney, and Mr. Rodriguez. Listen to us. We
have here a problem of exactly the same - we are just going in circles trying
to resolve the situation that the neighbors seem to agree that that property
remains there. They have no objections. What we have is a problem that the
City of Miami has to come up with a solution that we can have exactly what
they have and nothing else. What can we do? Are we saying that because they
moved the little house, is that the problem? This is not possible the way
they wanted to do it. Because if that is the case, let's do something because
after all, what we are doing is, Just decisions that we made within the City
of Miami and we hesitate it's a ruling from this Commission to protect the
neighborhood and allow these people to have what they have had through the
years, let's do it because, otherwise, we are wasting the neighborhood time,
our time, and we have better things to do.
(Applause)
Commissioner Alonso; Believe me, do something, because to me, this is
bureaucracy working at the maximum. Let's bring it down and find a solution,
please.
Mr. Rodriguez: To deal with the issue that you have in mind, our opinion is
no, they cannot go the route that they have. That's our opinion and...
Commissioner Alonso: Why not?
Mr. Rodriguez. Because they abandoned - our opinion is that they abandoned
the use already.
Commissioner Alonso: Listen, let me see the pictures that we have seen. What
is the - this is something else.
Mr. Rodriguez: Commissioner, and then...
171 April 26, 1990
E
Commissioner Alonso: The pictures, I see the little house right there.
Mr. Rodriguez: I know.
Commissioner Alonso: The pictures prove that. The neighborhood want that.
Why can't we say, yes, that's the way it is. The house was there on location.
Mr. Rodriguez: Because, Commissioner...
Commissioner Alonso: That, to me, this is what I see. I can even see it
without glasses. That house is right there and this is the new construction.
That's what the neighborhood wants, that's the protection that they need.
These people will have it. Let's do it, please! Look at this!
(Applause)
Mr. Rodriguez: Commissioner...
Commissioner Alonso: Are you going to tell me that you see something
different of what we are seeing here?
Mr. Rodriguez: What I can tell you, Commissioner, is that there was a
decision already made by another board, the Code Enforcement Board, that
established already that the use was abandoned and that the use that they put
afterwards is not legal. And based on that...
Commissioner Alonso: They saw this?
Mr. Rodriguez: Well, yes, they...
Commissioner Alonso: They did?
Mr. Rodriguez: Remember what they did, they...
Commissioner Alonso: Maybe they thought that that was the best way to go,
that's why they approved that.
Mr. Rodriguez: I don't know about that. The only thing I can tell you, if
you want to find a solution that will deal with this issue in a way that will
be legal and following our zoning laws and ordinances, is first, that you get
from the applicant covenants that will expand upon what they had before to
restrict it further by not allowing - allowing only the specific use they have
there now, you know, the real estate office...
Commissioner Plummer: They've agreed to that.
Commissioner Alonso: They all agreed to that.
Mr. Rodriguez: OK, second, that you limit the height to a height that they
have in the building now...
Commissioner Plummer: They've agreed to that.
Mr. Rodriguez: OK, that's what I'm saying. So, I think I'm basically
following that. Third, that you also limit the use to the amount of square
footage that you have there now in that building. That's number three.
Fourth, that yota, yourself, impose conditions that they will take one foot
around the whole perimeter of the triangle so that they cannot go beyond with
the zoning and, finally, that you deny the change of zoning of lot 2, block
one, on Homestead Gardens, which is the lot adjacent to the Taurus. in that
way, I think you are accomplishing the same thing from a legal matter.
Mayor Suarez: From a legal standpoint. OK, counselor. You might address
that particular set of additional restrictions as to why that again would be
objectionable, if it is or if it's acceptable, if it is acceptable.
Mr. Reeves: Let me just ask a question. It's something that I'm not
completely clear on at this time. Can a district boundary follow other than a
platted lot line or the center line- of the street in the City of Miami? It's
my understanding that district. boundaries, under the subdivision code and
under the zoning code, follow platted lot lines...
172 April 26, 1990
Mayor Suarez: Center line of streets.
Mr. Reeves: ...and center lines of. streets.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Commissioner Plummer: Well, say it on the record.
Mayor Suarez: Yes, answer the questions on the record, please, Gloria.
Ms. Gloria Fox: The City's practice has been that you have to - if you're
replatting your property, you're right, Plat and Street Committee says you
must plat along zoning lines. But the converse has not been the practice that
you can only zone along platted lines.
Mr. Reeves: OK.
Mayor Suarez: All right.
Robert Fitzsimmons, Esq.: Bob Fitzsimmons. While it has not been a practice,
I think there is concern among your own City staff that if challenged, this
side strip might not survive a court challenge.
Mayor Suarez: We're aware of that. Yes, that was put in the record.
Mr. Fitzsimmons: And that's one of our concerns.
Mayor Suarez: OK, why don't we complete your presentation. Let's vote.
Unless you're ready to agree to something.
Mr. Reeves: Just very quickly, I want to make it just really clear what's
happening here. You saw what we had and what we're going to have.
Commissioner Plummer: No, no, that's not a true statement. Because we're
going to deny the back portion of that property.
Mr. Reeves: Excuse me, the back portion will be denied. Then, essentially,
you know, we - huh? - unfortunately, the back portion is in.
Mayor Suarez: You'd have to paint that little flap green.
Mr. Reeves: The point is...
Mayor Suarez: And get some more tape or hold it up for....
Mr. Reeves: We're now going to have this.
Mayor Suarez: Or hold it up with your finger for a half hour. That's another
way to go here.
Mr. Reeves: The point is, we're now going to have this.
Mayor Suarez: Right.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, we take note of the fact that the thing...
Mr. Reeves: Let me just say, you do go to the center line of the street when
you zone, that's the reason the triangle is that big. This is very accurate.
Mayor Suarez: OK, it does seem to overlap a little bit into the next lot even
if you assume that it goes through a center line, but go ahead, we know what
you're talking...
Mr. Reeves: OK, for the record, let me just say very quickly that we believe
that the rezoning and the comp plan amendment are inconsistent with the
general neighborhood use and character at this time. The property, the
triangle, will be surrounded on all sides except we'll have a point of
tangency with the SPI-2 district. We think it's highly inappropriate in that
regard. With regard to the comprehensive plan amendments, objective 1.1 says
173 April 26, 1990
that the City is to ensure that land use regulations and development policies
are consistent with fostering a high quality of life in a residential area.
We're going to be intruding into the residential area with a commercial
restricted zone if this is approved. It says that residential neighborhoods
in policy 1.1.3 shall be protected from the encroachment of incompatible land
uses. Objective 1.3 encourages commercial development within existing
commercial area. The SPI district is a commercial district. We're going to
be putting it, if you approve this application, within an existing residential
area contrary to the comprehensive plan. The City planning staff charged with
making determinations of consistency tinder policy 1.6.4 of the Miami
Comprehensive Neighborhood Plan, has made a determination that the applicant's
proposed amendment is inconsistent, the Miami Comprehensive Neighborhood Plan
on page 1--14, roman numeral I-14, states that commercially restricted
designation is restricted to areas directly served by arterial or collector
roadways are directly accessible via Metrorail. According to the City
Planning Department, Main Highway has been designated as a constrained roadway
operating at level of service F. It is not functioning as an arterial or
collector within the meaning of those terms. It cannot, it will not be
widened. As of July 1st, 1989, the volume to capacity ratio for this segment
of Main Highway indicated that the roadway had an existing volume of 30
percent more vehicles than it was designed to carry. As of July 1st, 1981,
there were 23,396 average daily trips on this segment of Main Highway. The
p.m. peak hour trips total 2,035 trips. The actual capacity of the roadway
was, and will continue to be, because it cannot be widened, 1,570 p.m. peak
hour trips. There is no more capacity on Main Highway. For every .01
increase in the volume to capacity ratio, this segment of Main Highway will be
burdened with an additional 15.7 p.m. peak hour vehicle trips to allow the use
of property adjoining Main Highway, which will now, and in the future,
increase vehicle trips on the already constrained roadway, would be clearly
inconsistent. And we have to consider a worst case scenario when we're
rezoning to the SPI designation. Because there is no telling what will happen
in the future, whether a covenant will be released or not. Let me just make
one more point about the procedure here. We're considering both a
comprehensive plan amendment and a change of zoning. I realize that the City
has its policies, but I want to make you aware that the proposed change will
not be adopted excuse me, the proposed change cannot be adopted at this
time, the proposed zoning change. Subsection 16331941A of the Florida
Statutes states, "After a comprehensive plan or element thereof has been
adopted in conformity with this act, all development undertaken by and all
actions taken in regard to development orders by governmental agencies in
regard to land covered by such plan or element shall be consistent with such
plan or element as adopted." As of this evening, when you make your decision
on PZ item 5, you will. not have amended the comprehensive plan in accordance
with the procedures of 163 because this is merely the transmittal hearing.
Therefore, looking at 16331941A, it is my opinion that you cannot., as the
statute says, take any action in regard to development orders. And a rezoning
would be deemed to be a development order. You cannot approve the zoning
ordinance on first reading.
Vice Mayor Dawkins: Mr. Mayor.
Mayor Suarez: Mr. Vice Mayor.
Vice Mayor Dawkins: Sir, I just need one clarification from you and then I
need for the City Attorney to respond to what you said. When you put the
little shoe up there...
Mr. Reeves: Yes, sir.
Vice Mayor Dawkins: I thought I understood you to say that you had no
objections to the square - to the triangle. Your only objection would be to
increase the black area and bring it down. Is that a true statement?
Mr. Reeves: No, we do have an objection to the triangle. I'm sorry if you
misunderstood.
Vice Mayor Dawkins: No, OK, well I...
Mr. Reeves: The objection to the triangle is that the triangle jumps across
Franklin and intrudes into the solid green residentially zoned Coconut Grove
neighborhood. You open... you're in effect breaching the dike. This is the
er►d, this is the existing terminus. You are breaching the dike by opening it
up.
174 April 26, 1990
Vice Mayor Dawkins: Well, why, when you made your presentation, didn't you
have a black area to cover all you're saying. See, you came in with one dog
leg and the triangle and now you take the triangle and bring it across the
street where you didn't have when you first made your presentation.
Mr. Reeves: I think T did. T worked on this this afternoon very diligently.
Vice Mayor Dawkins: OK, no problem.
Mr. Reeves: I really did and...
Vice Mayor Dawkins: OK, all right, thank you. Mr. City Attorney...
Mr. Reeves: You can come up and look at it.
Mr. Fernandez: Yes, sir.
Vice Mayor Dawkins: This gentleman just read a lot of legalese that I need
your interpretation of as to whether he is correct or incorrect.
Mr. Fernandez: Counselor has made and read a long lengthy litany which is, of
course, as we can understand, preparing the record for perhaps an appeal that
can...
Mayor Suarez: Basically, he felt that the comprehensive plan dictated that we
not change the zoning at this point. Can we do it or can we not do it?
Mr. Fernandez: Yes, you can do it, but now it must be very clearly
established that you must make findings completely contrary to those findings
that he has made on the record. So in your reasoning, if you decide to go and
approve this, the record must be amply clear that all the issues that counsel
has stated, you find, as a matter of policy, to be to the contrary. And on
the last point...
Mayor Suarez: We know that.
Mr. Fernandez: On the last point that counselor made, this is first reading
of the ordinance. This goes to DCA (Department of Community Affairs) and then
they do all of their review. We did not pass on the zoning on this until it
comes back with all of the approvals and then the zoning ordinance, which
would be item PZ, would have its second and final reading then also. So
nothing will be in effect until we have had or gone through the whole
proceeding as observed in 163.
Vice Mayor Dawkins: OK, one final question. If we approve this, which no one
says we will, all I need to know from you, can you defend it or can't you
defend it?
Mr. Fernandez: Your staff if recommending against it. Your staff is
following the same arguments or adopting the same position that counsel over
there has enumerated.
Vice Mayor Dawkins: So?
Mr. Fernandez: So I will always defend whatever decision you make. That's
not the question. The question is...
Vice Mayor Dawkins: Can you win when you defend?
Mr. Fernandez: We always give it...
Commissioner Plummer: Sometimes yes, and sometimes no.
Mr. Fernandez: ...our very best.
Commissioner Plummer: Sometimes maybe.
Vice Mayor Dawkins: OK, thank you, thank you.
Commissioner Plummer: het me go on record, counselor, into one area that I
will counter your remarks and that is, chat your inference, and I don't know
175 April. 26, 1990
the - hello, Mr. City Attorney? -You can go fer the numbers that he spieled
forth with all of the references and that is to the increase in traffic. I
don't envision any increase in traffic. The building is there, it is
presently operating, there is no contemplated change in difference in the
building. It would not create, in my estimation, any additional traffic that
is not there today. And so, I would counter those arguments that you used of
any increase in traffic. I just don't see it.
Mayor Suarez: Well, he's hoping for a little increase in traffic because the
way he's going, he's going to starve to death with that real estate office
over there.
Mr. Reeves: Commissioner, there's a...
Commissioner Plummer: Well, OK, I'm just saying...
Mr. Reeves: Commissioner, there's a logic there and the logic may be that you
can't put another car on Main Highway. So there may not be an increase in
traffic but the Planning Department, in its concurrency review, found that the
volume to capacity ratio, if you figure this at worst case scenario for both
parcels, not now just the triangle, but for both parcels, went from 1 point...
Commissioner Plummer: Well, but you're indicating, for the record...
Mr. Reeves: Excuse me?
Commissioner Plummer: ...that that would include the back portion of the
Taurus Restaurant.
Mr. Reeves: For the record, that's where the concurrency review was done...
Commissioner Plummer: Well, I understand.
Mr. Reeves: The City Planning Department indicated that the increase would be
from the 1.30 as of July 1st, 1989, to 1.34 notwithstanding the fact that the
1.30 is not a current traffic count. We don't know what the current traffic
count is there...
Commissioner Plummer: But that is on the total application.
Mr. Reeves: It's probably less now on the application as revised.
Commissioner Plummer: But you're referring to the total application...
Mr. Reeves: That's correct.
Commissioner Plummer: ...including that which we referred to as the parking
lot.
Mr. Reeves: That's all I had in front of me at this time.
Mayor Suarez: And those were all mythical numbers anyhow...
Mr. Reeves: Yes.
Mayor Suarez: ...if, in fact, the use doesn't change, then that presumably
won't change.
Mr. Reeves: Mr. Mayor, may I just clarify one thing.
Mayor Suarez: You're going to disagree as to...
Mr. Reeves: No...
Mayor Suarez: ...the comprehensive plan being, at this point, not - would be
violated because of this approval.
Mr. Reeves: Not the comp... yes, the comprehensive plan would be violated as
of this approval, that's correct. The language in 163 is very broad. It
says, "...all actions taken in regard to development orders", and I think that
could be deemed to include a first reading of the zoning ordinance.
176 April 26, 1990
Mayor Suarez: I got you. OY., any other opponents?
Mr. Reeves: Thank you.
Ms. Esther Mae Armbrister: Yes.
Mayor Suarez: Mrs. Armbrister.
Ms. Armbrister: Good afternoon. My name is Esther Mae Armbrister and I live
at 3350 Charles Avenue in Coconut Grove and I've been there for the past 43
years and AmeriFirst and I are buying the house. In the meantime, I've been
in Coconut Grove for 54 years and I think I've paid my debt and I never caught
crabs because I didn't have that to do. But there are some things, I think,
you need to know. To begin with, the first black settlement is Coconut Grove
and it was on Charles Avenue and that was in 1890. And the first. house built
in Coconut Grove for the black is still standing and there are other old
houses on Charles Avenue as well as in the inner section of - interior of
Coconut Grove. I would like to...
Mayor Suarez: Was J.L. Plummer already a Commissioner?
Ms. Armbrister: Well, he's been here since nineteenth...
Commissioner Plummer: No, but let me tell you something and don't you forget
it, my relatives were because when they came up from Key West, that's where
they went.
Ms. Armbrister: Where?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Armbrister: No, you were not allowed on Charles Avenue. You settled
on...
(Laughter)
Ms. Armbrister: You had to settle on MacDonald, that's where they put you
all. But I want you to know...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Ms. Armbrister: That is something else happened here in the early 1900.
There were black people living down in the Mooring who are passing and once
you found out that they were black and not white, you immediately removed them
and sent them across Main Highway. And Coconut Grove, there had been about
four or five different settlements of black people and each time you wart to
expand, you remove them from where they were and one settlement was where
theirs is now and that was called Rice Town. Another was Ft. Lonesome, that
site on Flagler Street. Another was over here on Mundy and another one was
over across LeJeune Road called Key to Biscayne subdivision, and that was
owned by Stirrup, old man Stirrup, and one of the Burdine brothers. Coral
Gables didn't want blacks over there so they made them come back over here and
somehow or another, you all have been squeezing us in and you have continued
to take, take, take, until there's no more for you to take. So, we're going
to just stand still and stop you from taking so much. Seem like me and you'd
be tired of taking. We are trying to get Charles Avenue in the historic
preservation. We bought our own cemetery in 1913, you didn't give it to us.
We bought the cemetery because back there then, they had some self pride and I
would appreciate you not changing the zoning for somebody else. Once you
start changing zoning, you're going to come right on over and interfere with
us while we're trying to live comfortable. Don't you think we need to rest
sometime and stop coming down here and arguing with you all about where we're
going to live? And you all taking and taking and taking and taking. Because
we do not have the money to fight like some of the others, and I don't owe
anybody anything so I'm free to say anything. And back there on Franklin
Avenue, if you change that, then there's a Catholic Church who has property
back there and they're going to add their little two cents in there too and
build up. As it is now, Royal Road dead ends at the back of my house and cars
park there all the time.
Mayor Suarez: That's the old domino effect argument which counselor today has
called the old breach in the dike effect.
177
April 26, 1990
a
Ask
Ms. Armbrister: Right.
Mayor Suarez: Change analogies today.
Ms. Armbrister: And sticking a finger in it won't stop the water from
flowing. We need something else. And we certainly appreciate your listening
and we want you all to do something about it and stop changing the zoning to
fit somebody else's wishes because once the house was removed, I don't see how =_
you can go back and change it again and start all over again. I£ you do that
= for one person, then you are supposed to do it for somebody else. Thank you.
Mayor Suarez: Thank you, Ms. Armbrister. Any... _
(Applause)
Ms. Elizabeth Lilly: My name is Elizabeth...
Mayor Suarez: Please, please on the boos and the yeas and everything else.
Ms. Lilly: My name is Elizabeth Lilly, I live at 3670 Hibiscus Street in
Coconut Grove. I've been asked by Marjorie King to read her statement. Mrs.
King lives at 4102 Alhambra Circle in Coral Gables, Mrs. King and her brother
own a house at 3584 Main Highway. Part of Mrs. King's property abuts the pink
house, Franklin Avenue, and this is her statement, Franklin Avenue is the
dividing line between the commercial and the residential district of Coconut
Grove. It is plain to see that it should always be the dividing line. It is
logical, it makes sense. If for some reason that dividing line is moved,
though to me, Mrs. King, this would be most unfortunate, then all of Franklin
Avenue should be rezoned. Nothing that has been said on the subject has
convinced me that there is any justifiable rationale for rezoning one small
parcel of land for Mr. Hill, without rezoning any of the surrounding land.
Consequently, if this spot zoning is granted, I must assume that there is some
reason that it is not being stated. What the reason might be is a mystery.
And that is Ms. King's statement. And I would also like to ask if you could
ask the people who live with, who are present tonight, living within the 375
feet, would make themselves known. And also, the people in the chambers here
who are the neighbors. And if we could take a count of those for the record,
I would appreciate it. Thank you.
Mayor Suarez: We assume there are a certain number of patrons of, or people
affiliated with the Taurus Restaurant, but if you do indeed have a lot that
live within 375 feet and so on, you might want to identify those at some point
counselor. You don't have to but...
Mr. Olmedillo: We have a petition that was filed indicating that, Mr. Mayor.
Mayor Suarez: OK. Of the ones that are here tonight?
Ms. Lilly: Thank you.
Ms. Carol Kempster: I promise to be brief. I am Card Kempster, I am a
homeowner with, and a merchant in Coconut Grove. I work in the Grove in the
commercial zone. I don't think it should be extended. It would be really
terrific to think that we did our commercial business within the commercial
zone, and we live in a beautiful environment like Coconut Grove, that is
residential. This is a terrible precedent to allow this rezoning. That's all
I want to say.
Mayor Suarez: Thank you for your statement. Any thing further?
Mr, Jim McMaster: My name is Jim McMaster...
Mayor Suarez: Should of known you would show up for this.
Mr. McMaster: ... 2940 S.W. 38th Court, Coconut Grove. And, I think it's
important for the applicant to demonstrate that there have been changes in
this neighborhood, and the only changes recently have been the completion of a
large single family home, directly across from the Playhouse, 8, across
from the village center, and at this point, the Field Estate is the process
of tentative plot No. 1376 which has been submitted to the City, which will
break the Field Estate which is directly across from the subject parcel where
178 April 26, 1990
you read camp Biscayne. That parcel there, they are planning a _ingle family,
ten thousand plus square foot lot, directly across the street from the subject
parcel. Apparently, this developer feels he can sell and develop these lots
directly on Main Highway. Back in April 6th 1987, when the applicant applied
for a variance from the City of Miami, in his application he sited "the site
has been a single family residential lot for decades, and with approval of the
proposed redevelopment would allow the property to continue to be used for the
same residential use". And then No. "E," down at the bottom, the footprint of
this building was designed to avoid requesting any other variance in the
setback from Main Highway. Reconfiguration include the portion of the parcel,
blah, blah, blah, will create both an untenable situation for the single
family residence in terms of noise traffic and continuing use. The
redevelopment of this lot is a residence, will upgrade and maintain the
residential character of the existing neighborhood, and this was signed by
Dave and Christine hill and the notary, was Frank J. Cobo. The only, as I
indicated, the only changes in this neighborhood in the last couple of years
had been the addition and improvement of more single family homes. They have
emphasized a number of times the fact that they have widen this street and
have... thank you... have widen this street, basically out of their own good
and have improved the neighborhood. City Code Section 54-45 requires anyone
who is developing a parcel and spending over $25,000, or developing over 600
feet to dedicate the right of way and improve it, and when the City accepted
his dedication, Resolution No. 87-1003, eight of the dedications were in
Coconut Grove and three of them were on Main Highway. So this is a very
common practice which everyone else has gone through. I would also like to
bring up the issue that if you approve this rezoning, and this parcel is zoned
CP, or R0, whatever the final rezoning is, he is going to have to conform to
your zoning ordinance and provide parking for the office uses on the site. On
the present site with the scenic transportation cor.rid,,r off to one side, he
will not be able to provide any parking on site, becau:.o of the restrictions
in RO and CR districts to backing out in the right of way. So, my question
is, this came up first a year ago. No one has ever discussed where is the
parking going to be for this office structure. And if they bring up the
parking lots of the Taurus across the street, they are conditional use parking
lots under 6871 for the Taurus Restaurant. The question has to be raised, can
he legally now use that as off -side parking for this office structure? Arid
finally, the original pink house was 318 square feet. If he had under 9500
come in to increase the existing nonconformity, he would have ended up with a
structure slightly under 400 square feet. The new house is 2,000 square feet,
which has greatly increased the size of the office available. If he did use
the existing structure as a residence, and applied for an in -home occupation,
he still would come up with 500 square feet of office. He would come up with
more than he had under the nonconforming little pink house. So he is still
under the existing ordinance with no zoning changes or anything else, could
use this as an office. Thank you.
Mayor Suarez: All right.. That wraps it up, I presume.
Mr. Fitzsimmons: No, one more.
Mayor Suarez: Quick, quick.
Mr. Fitzsimmons: Quick, quick.
Commissioner Plummer: Two more.
Mr. Fitzsimmons: Instead of making a statement, I think we all know what's
clear. The residents done terribly oppose the use as an office, we do
terribly oppose zoning jumping the street. Con,,,i»sinner Plummer, you have
made statements many times that you think a street is a natural zoning
barrier, we agree. We wish we could find some way to I- him have his office,
but let us not have that zoning, because the domir, effect will happen.
Covenants can get lifted. In moving to the covenant, v:e would like, Coconut
Grove Civic Club would like to have standing to enforce that covenant. If it
is true that the only ones to have an office there, the only ones to have a
real estate office there, we don't want all of a sudden, all of these people
in this area to want to change it and nobody else have standing. As I've read
the covenant submitted to me, it's very ambiguous as to who has standing to
challenge it. So, and it's very difficult no - a citizen can't force the City
to enforce it. So, one, we would like to have standing there. If I may make
a suggestion to the applicant. The idea would be to have a nonconforming use,
perhaps, he would offer in the covenant that, if it were to pass that he would
179 April 26, 1990
agree if in one year they were to review the rezoning and the City were to
request the down zoning of it, that he would not oppose it.. My understanding
if he had the rezoning, and he went back and down zoned it, he would have his
nonconforming use. So I would suggest to him, and I wculd hope you would not
approve it, unless you had some kind of precaution that if you considered it
to be a violation of the neighborhood and the residential character should be
gone back to, that he would not oppose that and not, require any compensation.
And that may be a solution that could be worked out.
Mayor Suarez: Well, that's about as subtle as I have ever heard, but it might
gain you vote on that agreement, not to?
Commissioner Alonso: Did they agree?
Mayor Suarez: OK. Because that might bring you my vote, thought you might
have enough others. Most complex,... You still following along the same basic
lines as Bob? - or you want to add something else while that's being
discussed?
Unidentified Speaker: Mr. Mayor. Ms. Radford is here and she lives on
Andriatti Circle, she would like to speak to the Commission.
Mayor Suarez: Good. Briefly,
Ms. Joan Radford: Oh, I haven't been sworn in, I was here earlier and left.
Mayor Suarez: Please swear her in, Madam City Clerk.
Ms. Matty Hirai: Do you solemnly swear that the evidence you are about give
on this matter is the truth, the whole truth, and nothing but the truth, so
help you God?
Ms. Radford: I do. Joan_ Radford, 3586 Main Highway. I live on the little
circle. Mine is the red shaded property, I'm tract 3. I have a letter from
tract 2, which is right next to me that touches the corner of the property.
Can I read a letter that was written at 5:00 today when she was here?
Mayor Suarez: Yes, you can read it. You can also just put it into the record
without reading it and tell us what it says in general terms, that might be...
Ms. Radford: OK. It is from Margaret King that owns tract 2. She lives on
Alhambra Circle, but she owns 3584 Main Highway, with her brother.
Commissioner Plummer: The other lady just wrote... the other lady just read
us that letter.
Ms. Radford: Oh, she did? Oh, she gave you a copy too? OK. She wanted you
to hear this letter.
Mayor Suarez: OK. Anything further? Any thing original you need that you
might want to add, in the next...
Ms. Radford: No. You have a letter from me on file, I've been here at every
meeting, and you know how I feel about it..
Mayor Suarez: OK. Thank you. Sir, which side?
Mr. Richard Gertler: Mayor Suarez. You wanted to hear frcn ome of the
neighbors, I'm sorry about getting...
Commissioner Plummer: How about your name and address.
Mr. Gertler: My name is Richard Gertler, 3265 Franklin Avenue. I am one of
the closest neighbors to the Taurus, and I wanted to state being right on
Franklin, we are within 50 feet, myself, of the Taurus Restaurant. We have
had no change since that has been built. We have had no additional traffic
from it, no problems. In the five years that I have been there, it has been a
real estate office including in transition. When it was being built, I
watched it, I came over and talked to Frank Cobo nearly every day while he was
running it as a real estate office, and I'm getting real tired of sitting here
and watching people, the lady with the big glasses from Coconut. Grove Realty,
who got up here and spoke but didn't say where she worked, didn't give her
180 April 26, 1990
\
address. This woman over here who lives on Charles, this woman who lives on
Charles Avenue, who has nothing to do with this area. I have had more
traffic, more problems, more crime, more everything since Coconut Grove Realty
built that complex there and opened Sharkeys. There is no place for them to
park there. The Taurus has parking for everything there. Taurus customers
park in the Taurus. I followed, probably on any given weekend, a hundred, two
hundred, three hundred different people going up into the Grove, going to
Sharkeys, going to their facility. And I think it's really ridiculous at this
point that these people keep on going like this. To me it's just nothing more
than restraint of trade, that's all it is. I'm one of the closest neighbors
there, I talked to everybody around there, no one has a problem. He has maybe
three, four, five cars a day, coming in and out his real estate office, 1 see
it, from my window...
Mayor Suarez: We have heard every possible argument here in the last four
and--a-half years that I have been here, except, restraint of trade. That's in
the constitution, I remember, I'm glad that we have and...
Mr. Gertler: Well, one of the major...
Mayor Suarez: ...wait, wait... and the Chair takes this opportunity now that
we have pow wowed and concluded that we have a sitting Judge here in our
midst, that we have Judge Stone here. Well we won't identify what side you
are on Judge, just in case. All right, don't say what side he is on, Frank.
Don't get yourself in trouble. Anyhow, restraint of trade, that's great,
that's in the constitution somewhere.
Mr. Gertler: I understand that, and that's all it seems like to me, because
one of the major proponents, who didn't tell us where she worked, but we all
know, we have lived there forever.
Ms. Esther Mae Armbrister: I don't work!
Mr. Gertler: Not you Ma'am. I am not speaking about you.
Ms. Armbrister: You did talk about me.
Mr. Gertler: Yes, I did ma'am, you live on Charles Avenue, which has nothing
to do with Franklin
Mayor Suarez: Wait, wait, wait. OK. Anyhow, you finished your... We are
interested in your arguments, most of them, the personal ones aren't all that
helpful, but anything else you want to say?
Mr. Gertler: But, no, it tells you, that what's happening here, it's not
going to change anything. It's already been changed by what was done, two
years ago.
Mayor Suarez: All rignt. Thank you, sir. I don't know that at this point
anymore accumulative testimony, and certainly not argumentative is going to
help any of us, so...
Ms. Armbrister: Just for the record, I want him to know that I don't live in
one of his houses. I'm free, seventy four, and black and proud of it and I'm
retired.
Mayor Suarez: And you wear glasses, but I think he was talking...
Ms. Armbrister: And I wear glasses.
Mayor Suarez: ...I think he was talking about the other lady with the
glasses.
Ms. Armbrister: And I don't have to vote for somebody. I'm fee, I don't owe
anybody no one lousy dime.
Mayor Suarez: I wish I could say the same thing about not owing anybody one
lousy dime.
!-Is. Elizabeth Clark: My name is Elizabeth Clark, I live 3267 Franklin Avenue,
I also own the property, that's lot No. 6 up there.
181 April 26, 1990
A
Mayor Suarez: Are you in favor of t.hi.s?
Ms. Clark: Yes, I am. I am directly across the street...
Mayor Suarez: Counsel, you may be overdoing this, I don't know.
Ms. Clark: I am directly across the street from the real estate office. I
have been there ten years, I have watched it., be the little house, I have
Frank Cobo operate there, I have watched the house be built, I have watched
the transition over, it is a continuing use. This is all a bunch of nonsense.
Mayor Suarez: That's what we needed to hear at the end of a long day. That's
exactly what we needed to hear. That's exactly what we needed to hear after
we have heard all of this, and tried to be as... anyhow... last statement.
Ms. Mary Weber: Good evening. My name is Mary Weber, I representing both the
Coconut Grove Civic Club and the E1 Prado Area Association.. I reside at 3900
E1 Prado Blvd. I am free, white and not twenty one. Howevor, first I have
just two comments, and my first question is, I would like to know from the
Commission what facts have changed in this item since last year?
Mayor Suarez: Is that a rhetorical question, or are you actually expecting an
answer?
Ms. Weber: I'm expecting an answer.
Commissioner De Yurre: The only fact that has changed, is that we have a new
Commissioner on the Commission.
Commissioner Alonso: That's right.
Ms. Weber.: May I remind you that you voted against this last year.
Commissioner De Yurre: Not me.
Mr. Price: No.
Vice Mayor Dawkins: Yes. Something did change it. When we started out, the
biggest complaint I had was that, the use was going to continue on over into
the community. That was my constraint. OK? And now today they tell me, it
is not. So I guess I would have to assume, that's the only change, for me.
But, when I argued against it, and we all argued, we were under the impression
that once we give this zoning, it would start, just like you said, with the
black and come on down and go all over behind the Taurus and on into the
community. And according to what they are telling me tonight, that would not
happen. So that's a change, for. me. I am the only Commissioner I can speak
for.
Mayor Suarez: OK. Anything further. Mary?
Ms. Weber: I'm addressing the pieces, the triangle. And if you do vote for
the change that represents a great deal of change into the residential area,
which has always been residential, and not the commercial area that has always
been commercial according to Ms. Gibson. My second and last question is, I
would like to ask how many of the people in this audience who are in favor of
this, live in the immediate area?
Mayor Suarez: That's been asked, and it isn't a requirement, but if you want
to, counselor, have your people raise your hands who live within the immediate
area.
Mr. Seigo Rodriguez: Those who live in the immediate area of this project.
Mayor Suarez: Within 375 feet or whatever. OK. Obviously not the higher,
you know, the larger percentage.
Ms. Weber: Thank you.
Mayor Suarez: Thank you Mary. All right.. Anything fur -r? Did you have
any power here to try to conclude whether any thing els, ould be done that
would bring us back to a nonconforming legal use...
182
April 26, 1990
Mr. Price: Yes. I'll address that, but just for. the records, let me state.
On the issue of res judicata which has been raised by two of the speakers here
this evening, the Third District Court of Appeals has held on several.
occasion, in the Burger King...
Mayor Suarez: I didn't hear anybody say anything about res judicata.
Mr. Price: Yes. They have asked you for what changes of circumstances have
occurred.
Mayor Suarez: That's because of policy arguments you know, what changes in a
policy since. If you want to argue about res judicata go ahead, I mean...
Mr. Price: Just one sentence, Mr. Mayor. I£ I may, iust for the record.
Mayor Suarez: I feel like the Second District Court or Third District Court
of Appeals, or whatever here. All of these legal arguments.
Ms. Price: I understand that, but those legal arguments come back to haunt
you if there is an appeal. I just want to state for the record that under the
Burger King vs Metropolitan Dade County case...
Mayor Suarez: The old Burger King case.
Mr. Price: That's correct, sir. If there is a change in circumstances...
Commissioner De Yurre: The "whopper case."
Mayor Suarez: The "whopper case."
Mr. Price: ...to either the community or to the nature of the application as
alluded to by Commissioner Dawkins, that constitutes sufficient change for
which the doctrine does not apply. In regard to the suggestion of the
attorney for the Coconut Grove Civic Association, my client will agree to work
out a covenant that would accomplish that. We would agree, if this Board
feels it appropriate, we will agree to the rezoning of this property, and we
will agree to either file an application within one year, under the proviso,
that once we become a nonconforming use, in the event of a catastrophe, such
as a fire, that we would have the right to rebuild according to what is on
that property today.
Mayor Suarez: That will make sense. All right, does that satisfy to a great
extent the concerns of the opponents? I see a lot of heads nodding. That's
about as creative as this Commission has ever been in its history. Wow!
Commissioner Alonso: Yes. Indeed.
Mayor Suarez: I hope it's never tested in court, or anything like that, but
we can write, we can write an article about that and...
Mr. Price: I already have, in anticipation of tonight.
Mayor Suarez: Yes. All right. With all of those provisos that would be
presumably built in to covenants, I'll entertain a motion on this matter.
Commissioner Alonso: We move with all those provisions.
Commissioner De Yurre: Mr. Mayor.
Mayor Suarez: Yes. Commissioner De Yurre.
Commissioner De Yurre: I'll move this item, and in moving so, I have to read
the following: "That I find that the increase densities created by this
amendment are not consistent with the future low density land use pattern that
is proposed for the area. note they are not, that are consistent. No.
2, that this commercial use does not negatively impact residential
neighborhoods. No. 3, that there would riot be a significant deterioration of
traffic circulations level of service. And No. 4, that no other levels of
service would be reduced below minimum levels."
Mayor Suarez: OK.
183 April 26, 1990
= e<
Commissioner De Yurre: For the record. --_
Mayor Suarez: Those are tender counter, the arguments made by the opposition.
OK? With all of that, I'll entertain a motion.
= Commissioner De Yurre: I so move.
Mayor Suarez: You move with all the qualifications and all the agreements and
covenants.
Commissioner De Yurre: With everything that has been spoken of here tonight,
all the restrictions that we have spoken to.
Mayor Suarez: OK. Hopefully, that can all be picked up by the staff. We
have a motion, do we have a second? Do we have a minute? Sorry about that,
we need a second.
Commissioner Alonso: Yes.
Mayor Suarez: Seconded.
Vice Mayor Dawkins: Under discussion. Stan?
Mr. Fernandez: Point of order, Mr. Mayor. Just for the triangle, correct?
Mayor Suarez: Oh, yes. That's the one thing, OK.
Commissioner Alonso: Just for the triangle.
Mr. Fernandez: Correct.
Vice Mayor Dawkins: Yes. That's what I am getting rid of... This is for the
triangle only, and it has nothing to do with the...
Mr. Rodriguez:: Minus one foot.
Mayor Suarez: The motion built into the denial as to the piece...
Mr. Rodriguez: Part two.
Mayor Suarez: Right.
Mr. Rodriguez: Minus one foot.
Vice Mayor Dawkins: OK. Thank you.
Mr. Rodriguez: All around.
Mayor Suarez: Minus one foot all around, if that helps. God, I hate to see
what this thing is going to look like when it gets into our zoning map.
Commissioner De Yurre: Commissioner De Yurre, in your consideration, I am
also expecting that in the covenant, that the height that it presently is, is
a restriction. There will not be any increase in the square footage...
Commissioner De Yurre: On that building per say. That's it. No change from
what is there right now.
Commissioner Plummer: ...There will be no expansion of that building. The
only area left in question, which is an arguable question, and I've got to
have an answer, Parking.
Mayor Suarez: Well, that's going to be as prescribed by the code, right?
Mr. Rodriguez: Yes. They will have to comply with Code requirements.
Commissioner Plummer: Well...
Mayor Suarez: What is the practical effect of it? - since it was raised by
one of the speakers.
Commissioner De Yurre: Five parking spaces.
184 April 26, 1990
D
Mr. Rodriguez: Probably, they would have to increase the number of parking
spaces there... according to Code.
Mayor Suarez: But, we don't have to decide that today, do we?
Commissioner Plummer: We don't have to decide that now.
Mr. Rodriguez: No. They have to meet the Code... period.
Mayor Suarez: All right. We have a motion and a second. Any discussion? If
not, please, do we have an ordinance, that has to be read? Please.
Mr. Fernandez: Yes,
AN ORDINANCE ENTI'TLED-
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGBORHOOD PLAN 1989-2000, FOR PROPERTY
LOCATED AT APPROXIMATELY 3560 MAIN HIGHWAY, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM
SINGLE FAMILY RESIDENTIAL TO RESTRICTED COMMERCIAL;
MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO
TRANSMIT A COPY OF THIS ORDINANCE TO THE AFFECTED
AGF,NCIES; AND PROVIDING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
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.
39. FIRST READING ORDINANCE: AMEND ZONING ATLAS AT 3560 MAIN HIGHWAY AND
3227 FRANKLIN AVENUE FROM RS-2/2 TO SPI-2 (APPLICANTS: David &
Christine C. Hill).
---------------------------------------------------------------------------------
Mayor Suarez: Do we have a companion item?
Mr. Fernandez:: Six. Yes.
Commissioner De Yurre: Mr. Mayor... Yes. I move Item No. 6.
CommissionerAlonso: Second.
Mayor Suarez: Item 6, been moved. Please let us have as much nrder as we
possibly can have.
Mr. Fernandez: Is it moved and seconded?
Commissioner De Yurre: Moved and seconded.
Mayor Suarez: Celebrations outside, please.
Vice Mayor Dawkins: Call the roll on 6.
185 April 26, 1990
Commissioner De Yurre: Are you through reading?
Mr. Fernandez: Yes. No. I am not through, I need to correct it, so that I
read...
Mayor Suarez: Please. Outside. Gene, who is an old hat around City Hail,
Gene Marks, maybe you can give us a hand in easing people out. Somebody.
That big guy, you get people out of there please, push them out. All right.
Finish the reading, I'm sorry.
Vice Mayor Dawkins: Yes. They finish it, Mr. Mayor.
Ms. Hirai: He's not through yet, he's not through yet.
Vice Mayor Dawkins: You finish the reading on six?
Mayor Suarez: Mr. City Attorney, are we? Please.
Ms. Hirai: No, sir.
Commissioner Alonso: He is not through?
Mr. Fernandez: No. I'm not through reading it, because we are making
amendments, modifications on it to exclude that lot, that was excluded. Only,
so that I include the triangle.
Mayor Suarez: Can you make that general description in the reading?
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING
CLASSIFICATION (MORE PARTICULARLY DESCRIBED HEREIN)
FROM RS-2/2 ONE FAMILY DETACHED RESIDENTIAL TO SPI-2
COCONUT GROVE CENTRAL COMMERCIAL DISTRICT FOR THE
PROPERTY LOCATED AT 3560 MAIN HIGHWAY AND 3227
FRANKLIN AVENUE, MIAMI, FLORIDA, ALSO DESCRIBED AS LOT
2, BLOCK 1, ROYAL GARDENS, AS RECORDED IN PLAT BOOK
20, AT PAGE 3, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, AND BY MAKING AL,I. THE NECESSARY CHANGES ON
PAGE NO. 46 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Vice Mayor
Dawkins and was passed on its first reading by title by the following, vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
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.
186 April 26, 1990
0
0
40 FIRST READING ORDINANCE; AMEND 9500, ARTICLE 20 (GENERAL AND
SUPPLEMENTARY REGULATIONS), SECTION 2008 (REQUIRED YARDS AND OTHER
REQUIRED OPEN SPACE; DETAILED LIMITATIONS ON OCCUPANCY) - ADD NEW
SUBSECTION 2008.13 NOISE AND DISTANCE LIMITATIONS: MECHANICAL
EQUIPMENT - TO ATTENUATE NOISE FROM MECHANICAL AND FIRE EQUIPMENT SUCH
AS EXHAUST FANS (Applicant: Planning Department).
Mayor Suarez: What are PZ-7 and 8?
Mr., Rodriguez: 1'Z-7 and PZ-8, Mr. Mayor.
Commissioner Plummer: Move it, on First Reading.
Vice Mayor Dawkins: Second.
Mayor Suarez: Moved and Second. Any discussion? Read the ordinance, PZ-7...
Call the roll on that item.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 20 GENERAL AND SUPPLEMENTARY
REGULATIONS, SECTION 2008 REQUIRED OPEN SPACES;
DETAILED LIMITATIONS ON OCCUPANCY, BY ADDING A NEW
SUBSECTION 2008.13 ENTITLED "NOISE AND DISTANCE
LIMITATIONS: MECHANICAL EQUIPMENT"; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Vice Mayor
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
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.
187 April 26, 1990
-- ---- --- - - - - - - - - - - - - - - -- - - - -- - - - - - - - - -- - ` ---
o
41. FIRST READING ORDINANCE.: AMEND CODE, CHAPTER 36 "NOISE" - DELETE AND
SUBSTITUTE NEW SECTION 36-15 ENTITLED "MECHANICAL AND FIRE EQUIPMENT" -
AMEND SECTION 36-15 (CONSTRUCTION EQUIPMENT) (Applicant: Planning
Department). —
---------------------------------------------------------------------------------
Vice Mayor Dawkins: Move 8.
Mayor Suarez: PZ-8 has been moved and seconded. Is there any one objecting = _
to PZ-8, let the record reflect. No one step forward. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE RELATING TO NOISE ABATEMENT, AMENDING
CHAPTER 36 OF THE. CODE OF THE CITY OF MIAMI, FLORIDA,
- BY AMENDING SECTION 36-13, PERTAINING TO CONSTRUCTION
- EQUIPMENT; DELETING EXISTING SECTION 36-15 AND _
SUBSTITUTING, IN LIEU THEREOF, A NEW SECTION 36-15 -
ENTITLED "MECHANICAL AND FIRE EQUIPMENT"; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE; AND =
PROVIDING AN EFFECTIVE DATE.
Was introduced by Commissioner Dawkins and seconded by Commissioner -
Plummer and was passed on its first reading by title by the following vote: _
_ AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins "=
Mayor Xavier L. Suarez - -
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.
[NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES
CONSIDERATION OF PLANNING AND ZONING ISSUES TO
CONSIDER NON -AGENDA AND REGULAR AGENDA ITEMS.]
--------------------------------------------------------------------------------
42. (Continued Discussion) INSTRUCT ADMINISTRATION TO RESCHEDULE THE MAY
REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS TO BOTH TAKE
PLACE ON MAY 24TH (See labels 2B and 44).
Vice Mayor. Dawkins: We got 9.
Commissioner Alonso: Item 9.
Commissioner Plummer: Yes.
Commissioner Alonso: Yes.
Commissioner Plummer: Item 9.
Vice Mayor Dawkins: We got 9 J.L. You cannot go until we do 9.
Mayon Suarez: OK. Item 9, I guess is the one that is of your concern.
188 April 26, 1990
Commissioner De Yurre: Mr. Mayor. Before we get to that, Mr. Odio says that.
we can combine both May meetings into one, and we can do it on the 24th.
Mayor Suarez: May 24th?
Commissioner De Yurre: On May 24th, so I move that both meetings be scheduled
for the May 24th, combined into one.
Mayor Suarez: So, the 24th beginning at 9:00 a.m. Yes. So moved.
Commissioner Alonso: Yes.
Commissioner Plummer: Which one is that?
Vice Mayor Dawkins: I vote no.
Commissioner Plummer: Oh. On what date?
Commissioner De Yurre: Next month's meeting. Sunday.
Mayor Suarez: May 24t.h.
Commissioner Plummer: OK. All right... Sunday? Father Mattress.
Mayor Suarez: Moved. Do we have a second?
Commissioner De Yurre: Call the roll, yes.
Mayor Suarez: Call the roll.
The following motion was introduced by Vice Mayor Dawkins, who moved its
adoption:
MOTION NO. 90-333
A MOTION RESCHEDULING BOTH COMMISSION MEETINGS IN MAY
TO TAKE PLACE ON MAY 24, 1990.
(Note: See Resolution 90-335 immediately following)
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-------------------------------------------------------------------------------
43. (Continued Discussion) AUTHORIZE EXECUTION OF AGREEMENT WITH "WYNWOOD
SNID PARTNERSHIP" FOR PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH
TECHNICAL ASSISTANCE REQUIRED UNDER FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS CONTRACT (See label 20).
---------- ---------------------------------------------------------------------
Mr. Odio: I am ready now to recommend the group as presented before to you.
Commissioner De Yurre: OK. Moved.
Commissioner Plummer: What's the name of the group?
Mayor Suarez: I'll make that clarification.
Vice Mayor Dawkins: What's your grievance?
Mr. Odio: Wynwood SNID.
189 April 26, 1990
Ms. Linda Kearson: Wynwood Partnership.
Commissioner Plummer: SNIK?
Mayor Suarez: SNID.
Mr. Odio.- Partnership.
Vice Mayor Dawkins: Move it.
Mayor. Suarez: Moved.
Commissioner. De Yurre: Move second.
Mayor Suarez: Any discussion? Call the roll.
Mr. Odio: With the amendments?
Mayor Suarez: With the amendments.
Vice Mayor Dawkins: And this is your recommendation, right?
Commissioner Plummer: Wait a minute, what is?
Ms. Kearson: We are amending the contract to reflect the time schedule that
has to be complied with to meet the June 2nd deadline for. DCA. OK?
Vice Mayor Dawkins: That's your recommendation?
Mr. Odio: Yes. Sir.
Mr. Fernandez: Yes.
Mayor Suarez: Call the roll on that item.
The following resolution was introduced by Vice Mayor Dawkins, who moved
its adoption:
RESOLUTION NO. 90-334
A RESOLUTION, WITH ATTACHMENT, OF THE CITY OF MIAMI
COMMISSION, AUTHORIZING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH
THE "WYNWOOD SNID PARTNERSHIP," A FLORIDA GENERAL
PARTNERSHIP, FOR PROFESSIONAL PLANNING SERVICES IN
CONNECTION WITH THE TECHNICAL ASSISTANCE TASKS
REQUIRED UNDER FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
(DCA) CONTRACT NO. 89-SN-17-11-23-02-010, DATED JUNE
29, 1989 (THE "SNID AGREEMENT") FOR THE PERIOD FROM
JULY 1, 1989 THROUGH JUNE 30, 1990, AT A MAXIMUM FEE
OF $30,000, WITH MONIES THEREFOR AVAILABLE FROM THE FY
89-90 STATE OF FLORIDA SAFE NEIGHBORHOOD PROGRAM GRANT
FUNDS.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
190 April 26, 1990
44. Continued Discussion) RESCHEDULE BOTH CITY COMMISSION MEETINGS FOR MAY
TO TAKE PLACE ON MAY 24TH - SCHEDULE REGULAR MEETING TO BEGIN AT 9:00
A.M. AND THE PLANNING AND ZONING MEETING TO BEGIN AT 5:00 L.M. (See
labels 2B and 42).
Mayor Suarez: On the May 24th meeting, we have to put into the record the
Planning and Zoning begins at 5:00 p.m.
Commissioner De Yurre: Do we vote on that?
Mayor Suarez: Does that have to be voted on?
Mr. Fernandez: Yes.
Mayor Suarez: OK. In the form of a motion.
Commissioner De Yurre: Moved.
Commissioner Alonso: Second.
Mayor Suarez: Moved. Commissioner Alonso seconds. Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 90-335
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING IN MAY, 1990 TO TAKE PLACE ON MAY
24, 1990, COMMENCING AT 9:00 A.M.; AND RESCHEDULING
THE SECOND REGULAR CITY COMMISSION MEETING -TN MAY,
1990 TO TAKE PLACE ON MAY 24, 1990, COMMENCING AT 5:00
P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Alonso, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: We are adjourned.
191 April 26, 1990
TfiEsRE BRING NO FURTTER BUSINESS TO COME BEFORE THR CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 8: 52 F.M.
Xavier L. Suarez
M A Y O R
ATTEST:
Hatty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
AA
192 April 26, 1990
------------
OY Of
CITY OF MIAMI -_
-
°,aEQF`o9DOCUMENT INDEX
JIUMM MM- APRIL 26, 1990
PAGE NO: 1 of 1
CONDITIONALLY APPROVE AND REFER TO INTERIM STREET CODESIGNATION
COMMITTEE REQUEST FROM CUSHMAN SCHOOL TO CODESIGNATE N.E. 60TH
STREET/ N.E. 5 COURT AS "LAURA CUSHMAN CIRCLE".
DIRECT ADMINISTRATION TO RESTORE THE WAR MEMORIAL IN BAYFRONT
PARK. - ALLOCATED FUNDS. $10,000
GRANT REQUEST TO DONATE SURPLUS POLICE SQUAD CAR TO THE VILLAGE
OF EL PORTAL.-- STATE CITY COMMISSION POLICY THAT WHENEVER CITY
SURPLUS EQUIPMENT IS AVAILABLE IT MUST BE OFFERED FIRST TO A
SISTER CITIES, THEREAFTER TO THE GENERAL PUBLIC.
EXECUTE AMENDMENT TO AGREEMENT WITH W.R.T. INC. - INCREASE
COMPENSATION TO $103,000 FOR STAGE II PROFESSIONAL AND
TECHNICAL SERVICES CONCERING SOUTHEAST OVERTOWN/PARK WEST 9TH
STREET MALL (CIP 341176)
DECLARE U.D.P. AS MOST ADVANTAGEOUS METHOD TO DEVELOP CITY -
OWNED LAND - AUTHORIZE PREPARATION OF A DRAFT R.F.P. FOR A
U.D.P. FOR DEVELOPMENT OF MAUSOLEUM AT NORTH MIAMI AVENUE AND
N.E. 2 AVENUE ON N.E. 19 STREET - SET PUBLIC HEARING.
AUTHORIZE ISSUANCE OF $13,000,000 OF SPECIAL OBLIGATION
REFUNDING BONDS TO REDEEM OUTSTANDING SPECIAL OBLIGATION BONDS
(SERIES 1985) .
GRANT REQUEST BY JAPANESE SPRING FESTIVAL FOR WAIVER OF
MISCELLANEOUS USER FEES FOR USE OF WATSON ISLAND.
AUTHORIZE MANAGER TO RELEASE DEPOSIT MADE BY MS. COREY BARRS
TO SECURE A RESERVATION AT THE ORANGE BOWL CONCERNING A
CANCELLED RALLY FOR THE PLANET EVENT.
ACCEPT DONATION OF A SCULPTURE ENTITLED "UNIVERS" - SUBJECT
TO ADMINISTRATION BEING ABLE TO IDENTIFY AN APPROPRIATE
LOCATION FOR IT.
AGREE ON REPAYMENT SCHEDULE OF DOCKAGE MONIES OWED TO CITY BY
THE VESSEL "HERITAGE OF MIAMI II".
OFFICIALLY CLOSING, VACATING, ABnNDONING AND DISCOUNTIUING
PORTION OF S.W. 6 STREET WEST OF THE WEST RIGHT-OF-WAY LINE
OF SOUTH MIAMI AVENUE FOR APPROXIMATELY 120 FEET. (Applicant:
Florida Department of Transportation).
GRANT SPECIAL EXCEPTION FOR DRIVE-IN FACILITY AT 1600 S.W.
22 STREET (CORAL WAY), WITH PROVISOS (Applicant: Citicorp
Savings of Florida).
AUTHORIZE EXECUTION OF AGREEMENT WITH "WYNWOOD SNID PARTNERSHIP
FOR PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH TECHNICAL
ASSISTANCE REQUIRED UNDER FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS CONTRACT.
RESCHEDULE BOTH CITY COMMISSION MEETINGS FOR MAY TO TAKF PLACE
PLACE ON MAY 24TH - SCHEDULE REGULAR MEE`1'ING TO BEGIN AT 9:00
A.M. AND THE PLANNING AND ZONING MEETING TO BEGIN AT 5:00 PM
OVAL t?WE NO
(RESOLUTIONS)
90-0313
90-0315
90-0318
90-0319
90-0320
90-0324
90-0325
90-0326
90-0327
90-0328
90-0331
90-0332
90-0334
90-0335