HomeMy WebLinkAboutCC 1989-11-30 Minutes4
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CITY WALL
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144TTY HIRAX N R
city
INDEX
MINUTES OF REGULAR MEETING
CITT COMMISSION OF NIAMI, FLORIDA
NOVEMBER 30, 1989
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
�—
1'
DISCUSSION
1
PRESENTATIONS, PROCLAMATIONS AND
SPECIAL ITEMS
11/30/89
2.
EXPRESS SYMPATHY AND CONDOLENCES TO
R 89-1003
1-2
FAMILY AND FRIENDS OF FORMER MIAMI
11/30/89
POLICE CHIEF HERB BRESLOW.
3.
DIRECT ADMINISTRATION TO ARRANGE A
M 89-1004
2-3
LUNCHEON IN APPRECIATION OF FORMER
11/30/89
COMMISSIONER ATHALIE RANGE FOR HER
OUTSTANDING SERVICES AS A MEMBER OF THE
CITY COMMISSION.
••. •,
4.
COMMISSIONER PLUMMER INVITES OTHER
DISCUSSION
3
COMMISSION MEMBERS AND RESIDENTS OF THE
11/30/89
CITY TO A CEREMONY THIS EVENING IN
BAYFRONT PARK FOR' THE LIGHTING OF THE
CHRISTMAS TREE.
` 5.
ACCEPT CITY CLERK'S
R 89-1005
4
CERTIFICATION/DECLARATION OF RESULTS OF
11/30/89
THE NONPARTISAN PRIMARY ELECTION
(NOVEMBER 7, 1989) TO ELECT MAYOR
(GROUP I) AND TWO COMMISSIONERS (GROUPS
IV 8 V) (Note: Elected was: Mayor
°
t
Xavier L. Suarez [Group I]).
6.
ACCEPT CITY CLERK'S
R 89-1006
4-5
CERTIFICATION/DECLARATION OF RESULTS OF
11/30/89
THE GENERAL MUNICIPAL ELECTION
(NOVEMBER 14, 1989) TO ELECT TWO
COMMISSIONERS (GROUPS IV & V). (Note:
�
t
Elected were: Commissioner Miriam
Alonso [Group IV] and Commissioner
Miller J. Dawkins [Group VI].)
7.
ACCEPT CITY CLERK'S
R 89-1007
5-6
=t
CERTIFICATION/DECLARATION OF RESULTS OF
11/30/89
THE SPECIAL MUNICIPAL ELECTION
" S
(NOVEMBER 7, 1989) (CHARTER AMENDMENT
=
N0. 1) - TO RAISE THE 'DOLLAR AMOUNT
-
REQUIRED TO OBTAIN SEALED COMPETITIVE
-
BIDS IN THE PROCUREMENT OF
s
_
GOODS/SUPPLIES/CDMODITISS FROM 44,500
-_
TO $10,000. (Note: Charter Amendment
�
1Ta. 1 was disapproved by the
electorate.)
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8.
ACCENT CITY CLERK'S
R 89-1008
6-1
CERTIFICATION/DECLARATION OF RESULTS OF
11/30/89
THE SPECIAL MUNICIPAL ELECTION
(NOVEMBER 1, 1989) (CHARTER AMENDMENT
NO. 2) TO EXPAND THE CITY COMMISSION,
EFFECTIVE 1991, FROM 5 TO 9 MEMBERS (5
TO BE ELECTED ON SINGLE -MEMBER DISTRICT
BASIS AND 4, INCLUDING THE MAYOR, AT
LARGE; ESTABLISH DISTRICT BOUNDARIES TO
BE DEFINED BY A BOUNDARIES COMMITTEE TO
BE IMPANELED IN 1991 AND AFTER EACH
FEDERAL DECENNIAL CENSUS; STAGGER TERMS
OF OFFICE FOR ALL COMMISSIONERS AND THE
MAYOR; CHANGE REQUIREMENT FOR AN
EXTRAORDINARY VOTE OF THE CITY
COMMISSION. (Note: Charter Amendment
No. 2 was disapproved by the
electorate.)
9.
ACCEPT CITY CLERK'S
R 89-1009
8
CERTIFICATION/DECLARATION OF RESULTS OF
11/30/89
THE SPECIAL MUNICIPAL ELECTION
(NOVEMBER 7, 1989) (CHARTER AMENDMENT
NO. 3) - ADJUST ANNUAL COMPENSATION,
EFFECTIVE 1991, TO COMMISSIONERS AND
MAYOR TO BE PROPORTIONAL TO THE
CONSUMER PRICE INDEX (CPI), SINCE 1949,
THEREAFTER ANNUALLY IN PROPORTION TO
CHANGES IN CPI; MAYOR'S COMPENSATION TO
BE 10% HIGHER THAN COMMISSIONERS.
(Note: Charter Amendment No. 3 was
disapproved by the electorate.)
10.
ELECT AND REAPPOINT MATTY HIRAI AS CITY
R 89-1010
9
CLERK.
11/30/89
11.
ELECT AND REAPPOINT JORGE L. FERNANDEZ
R 89-1011
9-10
AS CITY ATTORNEY.
11/30/89
12.
APPOINT COMMISSIONER MILLER J. DAWKINS
R 89-1012
10-11
AS VICE MAYOR.
11/30/89
13. (A) 38 CONSENT AGENDA - GENERAL
DISCUSSION 11-26
COMMENTS
R 89-1013
(B) EXTEND FOR 90 DAYS AGREEMENT WITH
11/30/89
THE PUBLIC HEALTH TRUST OF DADE COUNTY
(WHICH OPERATES JACKSON MEMORIAL
HOSPITAL) FOR COORDINATION OF EMERGENCY
MEDICAL SERVICES BEING PROVIDED BY
— RESCUE DIVISION OF CITY'S FIRE
DEPARTMENT - INSTRUCT CITY MANAGER TO
NEGOTIATE EQUITABLE AGREEMENT OR
__-
SERVICES TO BE TERMINATED.
_ (C) (i) BRIEF COMMENTS CONCERNING CA-
24 - PROPOSED AGREEMENT WITH AUTOMATED
— MEDICAL SERVICES, INC. - FOR COLLECTION
OF EMERGENCY MEDICAL TRANSPORTATION
FEES.
(C) (i1) BRIEF COMMENTS CONCERNING CA-
27 - PROPOSED AGREEMENT WITH EAST
LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION CONCERNING 11-UNIT
AFFORDABLE TOWNHOME PROJECT.
-
r
9
3
IMP
13.1 ALLOCATE FUND FROM LAW ENFORCEMENT R 89-1014 26-27
TRUST FUND TO COVER EXPENSES INCURRED 11/30/89
BY MIAMI POLICE COPS AND KIDS ATHLETIC
DRUG DIVERSIONARY PROGRAM ($110,000).
13.2
ALLOCATE FUNDS FROM LAW ENFORCEMENT
R 89-1015
27
TRUST FUND FOR DADE-MIAMI CRIMINAL
11/30/89
JUSTICE COUNCIL ($35,000).
13.3
APPROVE ADDITIONAL PURCHASE:
R 89-1016
27
MICROCOMPUTER AND PERIPHERAL EQUIPMENT
11/30/89
FROM UNISYS CORPORATION (UNDER EXISTING
STATE OF FLORIDA BID AWARD CONTRACT)
FOR DEPARTMENT OF FIRE, RESCUE AND
INSPECTION SERVICES.
13.4
AUTHORIZE PURCHASE: 2 DICTAPHONE 5602
R 89-1017
27-28
DUAL TRANSPORT RECORDERS, 2 DICTAPHONE
11/30/89
9600 SIXTY CHANNEL REPRODUCERS, AND 110
ROLLS OF 1" RECORDING TAPE (UNDER
EXISTING STATE OF FLORIDA CONTRACT)
FROM DICTAPHONE CORPORATION TO ENHANCE
EFFICIENCY OR EXISTING EMERGENCY 911
SYSTEM FOR DEPARTMENT OF
GSA/COMMUNICATION DIVISION.
13.5
AUTHORIZE PURCHASE: POLICE PATROL
R 89-1018
28
SCHEDULING SYSTEM - ALLOCATE FUNDS FROM
11/30/89
LAW ENFORCEMENT TRUST FUND.
13.6
ACCEPT BID: UNISYS CORPORATION - FOR
R 89-1019
28
FURNISHING MAINTENANCE SERVICES FOR
11/30/89
COMPUTER EQUIPMENT FOR DEPARTMENT OF
COMPUTERS.
13.7
ACCEPT BID: FENCE CONNECTION, INC. -
R 89-1020
28
FOR FURNISHING AND INSTALLATION OF
11/30/89
_
FENCING AT MIAMI MARINE STADIUM FOR
DEPARTMENT OF GSA - ALLOCATE FUNDS.
13.8
ACCEPT BID: DEBRA TURF AND EQUIPMENT -
R 89-1021
29
FOR FURNISHING ONE REEL MOWER BED KNIFE
11/30/89
GRINDER AND ONE SPIN TYPE REEL MOWER
GRINDER TO DEPARTMENT OF GSA/FLEET
MANAGEMENT DIVISION - ALLOCATE FUNDS.
13.9
ACCEPT BID: GENERAL HYDRAULICS DIVISION
R 89-1022
29
OF LOR, INC. - FOR FURNISHING 60 VALVES
11/30/89
FOR DEPARTMENT OF GSA - ALLOCATE FUNDS.
13.10
ACCEPT BIDS: (A) BEST MAINTENANCE AND
R 89-1023
29
JANITORIAL, INC. AND (B) SOUTH FLORIDA
11/30/89
MAINTENANCE SERVICES, INC. - FOR
=
FURNISHING EVENTS CLEANING MAINTENANCE
SERVICES FOR CITY STADIUMS AND
FACILITIES, FOR DEPARTMENT OF PARKS -
ALLOCATE FUNDS.
- 13.11
RESCIND PREVIOUS AWARDS TO: (A) RECIO &
R 89-1024
30
ASSOCIATES FOR FURNISHING GROUNDS
11/30/89
r
MAINTENANCE SERVICES AT 6 CITY PARKS
AND FACILITIES, AND (B) SHARPE SOD &
LANDSCAPING, INC. FOR 8 CITY PARKS -
APPROVE AWARD OF RESCINDED CONTRACTS TO
SECOND LOWEST RESPONSIVE BIDDERS: (A)
ARTHUR LAWN SERVICES, (R) J.R. ALVAREZ
LAND CLEARING, AND (C) J.W.
MAINTENANCE.y
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12.12 ACCEPT BID: GREATER MIAMI CATERERS, R 89-1025 30
INC. FOR FURNISHING MEALS AT 6 DAY 11/30/69
CARE CENTERS AND ONE PRESCHOOL CENTER
FOR DEPARTMENT OF PARKS - ALLOCATE
GRANT FUNDS FROM U.S. DEPARTMENT OF
AGRICULTURE THROUGH STATE OF FLORIDA
DEPARTMENT OF EDUCATION.
13.13 ACCEPT BID: BARTEC CORPORATION - FOR R 89-1026 31
FURNISHING A DIALLED NUMBER RECORDER 11/30/89
FOR DEPARTMENT OF POLICE - ALLOCATE
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
13.14 ACCEPT BID: CROSSROADS ANIMAL R 89-1027 31
HOSPITAL - FOR FURNISHING VETERINARY 11/30/89
SERVICES TO CANINE UNIT FOR DEPARTMENT
OF POLICE - ALLOCATE FUNDS.
13.15
ACCEPT BID: M. VILA & ASSOCIATES,
R 89-1028
31
-
INC. - FOR RIVERSIDE STORM SEWER
11/30/89
-
RETROFITTING PROJECT.
13.16
AUTHORIZE CITY MANAGER TO EXECUTE
R 89-1029
31-32
CONSENT TO ASSIGNMENT OF EXISTING
11/30/89
-
AGREEMENT BETWEEN CITY AND RODRIGUEZ,
KHULY, QUIROGA, ARCHITECTS, TO KHULY,
_
ALVAREZ & ASSOCIATES - FOR DESIGN
SERVICES ASSOCIATED WITH CONSTRUCTION
-
OF SOUTH DISTRICT POLICE SUBSTATION.
13.17
RATIFY CITY ATTORNEYS EMPLOYMENT OF
R 89-1030
32
STEEL HECTOR & DAVIS TO SERVE AS
11/30/89
CONSULTANT IN CONNECTION WITH THE CASE
OF P.N.M. CORPORATION VS. CITY OF MIAMI
V. FULLER & SADAO. P.C. - FEE NOT TO
EXCEED $25,000.
13.18
AMEND CONTRACT FOR A COMPUTERIZED
R 89-1031
32
ACCOUNTS RECEIVABLE SYSTEM WITH MOORS
11/30/89
GOVERNMENTAL SYSTEMS, INC. - TO INCLUDE
_
ADDITIONAL PROGRAMMING WORK AND AN
-
ADDITIONAL WEEK OF ACCEPTANCE TESTING.
13.19
EXECUTE AMENDMENT TO EXISTING AGREEMENT
R 89-1032
32
BETWEEN DEPARTMENT OF OFF-STREET
11/30/89
_
-
PARKING AND C.P. TOWER, LTD. (JULY 21,
1986), THEREBY APPROVING FEE FOR 20
RESERVED PARKING SPACES IN MUNICIPAL
-
GARAGE NO. 4 - APPROVE NECESSARY
PHYSICAL. CHANGES IN GARAGE TO
ACCOIQlODATS THE RESERVED PARKING
;
_
SPACES.
13.20
EXECUTE PROFESSIONAL SERVICES
R 89-1033
33
AGREEMENT: A. FOSTER HIGGINS & CO., 11/30/89
_ INC. - FOR ACTUARIAL ASSISTANCE IN
PENSION MATTERS - COST NOT TO EXCEED
- $40, 000.
.y�Jy
13.21 AUTHORIZE CITY MANAGER TO RUM IZ1'h0
R 89-1034
33 .'
- AGREEMENT WITH AUT K&TED MRDICAL
11/30/89
SERVICES, INC. - FOR COLLECTIOK OF
EIBRGETCY MEDICAL TRANSPORTATIONS FEES.
F
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AMIN_
13.22 ISTA ASH 'SPECIAL R 89-1035
CROONS /TRRMS/CONDITIONS FOR USE OF 11/30/89
ORANGE BOWL STADIUM BY KIWANIS CLUB OF
LITTLE HAVANA, INC. - FOR PRESENTATION
OF "CARNAVAL NIGHT" ONCE A YEAR
(JANUARY 1, 1990 - DECEMBER 31, 1992) -
EXECUTE USE AGREEMENT.
33
13.23
13.22 ISTA ASH 'SPECIAL R 89-1035
CROONS /TRRMS/CONDITIONS FOR USE OF 11/30/89
ORANGE BOWL STADIUM BY KIWANIS CLUB OF
LITTLE HAVANA, INC. - FOR PRESENTATION
OF "CARNAVAL NIGHT" ONCE A YEAR
(JANUARY 1, 1990 - DECEMBER 31, 1992) -
EXECUTE USE AGREEMENT.
33
13.23
APPROVE ISSUANCE 4,000 COMPLIMENTARY
R 89-1036
34
TICKETS FOR "CARNAVAL MIAMI" PRESENTED
11/30/89
BY KIWANIS CLUB OF LITTLE HAVANA, INC.,
-
AT ORANGE BOWL STADIUM ON MARCH 4,
1990.
- 13.24
AUTHORIZE AGREEMENT WITH EAST LITTLE
R 89-1037
34
--
HAVANA COMMUNITY DEVELOPMENT
11/30/89
CORPORATION - CONCERNING PROPOSED 11-
UNIT AFFORDABLE HOUSING TOWNHOME
PROJECT AT 720 AND 728 S.W. 2 STREET
-
AND 996 S.W. 6 STREET (EAST LITTLE
HAVANA NEIGHBORHOOD) - DIRECT MANAGER
TO DISBURSE FUNDS ($105,000) FROM
INTEREST EARNINGS OF 1976 HOUSING
GENERAL OBLIGATION BONDS.
13.25
AUTHORIZE CITY MANAGER TO MAKE OFFERS
R 89-1038
34
.=
AND EXECUTE PURCHASE AGREEMENTS WITH
11/30/89
_
PROPERTY OWNERS FOR ACQUISITION OF SIX
PARCELS WITHIN EDISON/LITTLE RIVER,
ALLAPATTAH AND MODEL CITY COMMUNITY
DEVELOPMENT TARGET AREAS, CONCERNING
THE CITY -SPONSORED SCATTERED SITE
=_
AFFORDABLE HOUSING DEVELOPMENT
-_
PROGRAM - ALLOCATE FUNDS (11TH YEAR
-
CDBG) - AUTHORIZE CITY ATTORNEY TO
CLOSE.
13.26
ESTABLISH SPECIAL
R 89-1039
35
CHARGES/TERMS/CONDITIONS FOR USE OF
11/30/89
BOBBY MADURO BASEBALL STADIUM BY DAVID
SENIOR SPORTS, INC., (D/B/A/ GOLD COAST
SUNS) - FOR PRESENTATION OF 8 BASEBALL
-
GAMES, MINIMUM (OCTOBER 1989-FEBRUARY
1990) - AUTHORIZE USE AGREEMENT.
13.27
AUTHORIZE CITY MANAGER TO SUBMIT AN
R 89-1040
35
_
APPLICATION TO U.S. DEPARTMENT OF
11/30/89
HOUSING AND URBAN DEVELOPMENT (HUD) FOR
AN $8 MILLION LOAN - TO PURCHASE LAND
_
FOR REDEVELOPMENT WITHIN SOUTHEAST
-.
OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA.
13.28
VACATE/DISCONTINUE/ABANDON NORTH 7 -
R 89-1041
35
1/2 FEET OF LOT 4, BLOCK 22 SOUTH,
11/30/89
«'
-
"A.L. KNOWLTON MAP OF MIAMI" (PLAT BOOK
h -,t
"B" , PAGE 41) - RETURN SAME TO PRESENT
OWNER - EXECUTE QUIT CLAIM DEED.
13.29
ACCEPT 16 DEEDS OF DEDICATION FOR
R 89-1042
36
HIGHWAY PURPOSES - APPROVE RECORDING OF
11/30/89
SAME,
13.30
SUPPORT NOMINATION OF MIAMI SENIOR HIGH
R 89-1043
36
SCHOOL (2450 S.W. 1 STREET) TO TH8
11/30/89
NATIONAL REGISTER OF HISTORIC PLACES.
_
j
13.31
CLAIM SETTLEMENT; MITCHELL BISKUP
R 89=-10"
36 "' p
($50,000).
11/30/89
�
:S M
.0.
AUTHORIZE CITY ATTORNEY TO PAY BEVERLY R 89-1045 36
PARKER, ESQ. AND PETER J. HURTGB'N, ESQ. 11/30/89
(MORGAN LEVIS & BOCKIUS) A MAXIMUM OF
$25,000 FOR SERVICES RENDERED IN LEGAL
REPRESENTATION OF KENNETH C. MCCULLOUGH
AND COLONEL H. DUKE IN (BOYKIN, ET AL
VS. CITY OF MIAMI).
13.33
AUTHORIZE USE OF CERTAIN STREETS IN
R 89-1046
37
COCONUT GROVE DURING ECKERD/MAGNAVISION
11/30/89
"BABY BOOMER" 10K AND SK ROAD RACE,
CONDUCTED BY MIAMI RUNNERS CLUB.
13.34
AUTHORIZE STREET CLOSURES FOR VII KING
R 89-1047
37
MANGO STRUT PARADE - ESTABLISH
11/30/89
PEDESTRIAN MALL AND AREA PROHIBITED TO
RETAIL PEDDLERS.
13.35
AUTHORIZE STREET CLOSURES FOR IV
R 89-1048
37
ALLAPATTAH FAIR - ESTABLISH PEDESTRIAN
11/30/89
MALL AND AREA PROHIBITED TO RETAIL
PEDDLERS.
13.36
AUTHORIZE STREET CLOSURES FOR SUNSTREET
R 89-1049
38
FESTIVAL AND PARADE - ESTABLISH
11/30/89
PEDESTRIAN MALL AND AREA PROHIBITED TO
RETAIL PEDDLERS - AUTHORIZE TWO-DAY
PERMIT TO SELL BEER AND WINE.
- 13.37
ACCEPT PLAT: "GRAN CENTRAL
R 89-1050
38
SUBDIVISION".
11/30/89
13.38
AUTHORIZE EXECUTION OF TWO CITY QUIT
R 89-1051
38
CLAIM DEEDS TO GRAN CENTRAL
11/30/89
CORPORATION - DECLARING SAID CONVEYANCE
IMPLEMEENTS GOVERNMENTAL PROJECT OF
FIRST AVENUE REALIGNMENT (NECESSARY FOR
PLATTING OF GRAN CENTRAL SUBDIVISION).
14.
DISCUSS AND DEFER ACCEPTANCE OF BID
DISCUSSION
39-43
FROM INTERAMERICAN CAR RENTAL, INC. -
11/30/89
FOR FURNISHING OF RENTAL VEHICLES FOR
POLICE DEPARTMENT'S TASK FORCE/STREET
NARCOTICS UNIT/SPECIAL INVESTIGATIONS
SECTION FOR UNDERCOVER AND SURVEILLANCE
OPERATIONS (See label 28).
_ 15. DEFER PROPOSED APPROVAL OF REVISED
DISCUSSION
44-47
- ADMINISTRATIVE POLICY APM-1-86 -
11/30/89
"SEVERANCE POLICY".
16. (A) DISCUSSION CONCERNING RFP FOR THE
DISCUSSION
48-50
_
OPERATION/MAINTENANCE OF THE MELREESE
11/30/89
AND MIAMI SPRINGS GOLF COURSES - DIRECT
MANAGER TO EXPEDITE.
(B) COMMISSION INQUIRES OF
ADMINISTRATION CONCERNING PRIOR
DIRECTIVE GIVEN BY THE CITY COMMISSION
CONCERNING FREE ACCESS TO GOLF COURSES
BY MR. DEWEY KNIGHT.
17. DISCUSSION CONCERNING LEASING VERSUS
DISCUSSION
50-53
OWNING BUILDING FOR CONSOLIDATION OF
11/30/89IT
VARIOUS CITY DEPARTMENTS AND OFFICES.
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18.
19.
20.
21.
22.
23.
24.
24.1
25.
PBOPLEMOVER ALIGNMENT: (A) APPROVE
METROPOLITAN DADE COUNTY'S PROPOSAL
CONCERNING DEVELOPMENT OF TWO STATIONS
AT BICENTENNIAL PARK AND PARK WEST -
GRANT METRO RIGHT-OF-WAY USE OF
BICENTENNIAL PARK AT NO COST TO CITY -
CITY COMMISSION COMMITS NOT TO SPEND
ANY OTHER MONIES - AGREEMENTS WITH
MIAMI MOTORSPORTS, INC., TO BE HONORED.
(b) MAYOR SUAREZ PROTESTS MIAMI
HERALD'S RENDITION OF EVENTS CONCERNING
NON-ATTENDANCE AT A STAFF WORKSHOP ON
METRORAIL.
BRIEF COMMENTS CONCERNING STATUS OF
LUCERNE APARTMENTS.
OPEN/READ SEALED BIDS: SOUTH FLAGLER
SANITARY SEWER IMPROVEMENT.
DISCUSS AND DEFER CONSIDERATION OF
PROPOSED EMERGENCY ORDINANCE CREATING
NEW SPECIAL REVENUE FUND: "OMNI AREA
REDEVELOPMENT TAX INCREMENT TRUST FUND
ACCOUNT" (See label 25).
DISCUSS AND DEFER TO DECEMBER 7TH
MEETING ISSUE CONCERNING ONGOING
BRICKELL PARK LAWSUIT.
(A) GRANT REQUEST FOR CLOSURE OF
DESIGNATED STREETS IN CONNECTION WITH
DIET rv'I'SI HOOP -IT -UP EVENT.
(B) CITY COMMISSION REQUESTS GEORGE
KNOX TO PROVIDE FURTHER INFORMATION
CONCERNING MIAMI SPORTS & EXHIBITION
AUTHORITY'S PLANS FOR A BASEBALL
STADIUM.
CONTINUE PROPOSED RESOLUTION CONCERNING
APPEAL BY APPLICANT (LEONARD
LEVENSTEIN) OF SPECIAL EXCEPTION TO
PERMIT EXTENSION OF DOCK MOORING
PILINGS INTO BISCAYNE BAY AT 1698 S.
BAYSHORE LANE.
BRIEF COMMENTS BY COMMISSIONER MILLER
DAWKINS CONCERNING DELIVERY OF THE KEY
OF THE CITY TO MISS AMERICA (U.S.A.)
(Continued discussion) PROPOSED
EMERGENCY ORDINANCE CREATING NEW
SPECIAL REVENUE FOND: "OMNI AREA
REDEVELOPMENT TAX INCREMENT TRUST FUND
ACCOUNT" - REDEVELOPMENT TAX INCREMENT
TRUST FUND ACCOUNT" AUTHORIZE MANAGER
TO MEET WITH DADE COUNTY COMMISSION TO
RESOLVE: (a) COUNTY'S EXPEDITIOUS
APPROVAL OF THE OMNI TAX INCREMENT
DISTRICT INTERLOCAL AGREDIENT; (b)
APPROVAL OF A ZERO BUDGET FOR FY'88 AND
189 FOR THE OMNI TAX INCREMENT
DISTRICT; AND (c) CITY'S FULL PAYMENT
FOR FY 190 ON JANUARY 1, 1990 - CITY
MANAGER AUTHORIZED TO MAKE PAYMENT (See
label 21).
M 89-1052 54--84
DISCUSSION
11/30/89
DISCUSSION 84
11/30/89
M 89-1053 85-87
11/30/89
DISCUSSION 88-91
11/30/89
DISCUSSION 91-96
11/30/89
R 89-1054 96-101
DISCUSSION
11/30/89
DISCUSSION
101-102
11/30/89
DISCUSSION
102-103
11/30/89
R 89-1055
103-106
11/30/89
,-
4
19
5
16.
EMERGENCY ORDINANCE: AMEND 10451
ORDINANCE
108-110
ESTABLISH RESOURCES/APPROPRIATIONS FOR
10664
"MIAMI POLICE CRACK COCAINE" FUND -
11/30/89
INCREASE FUND BY $32,255 DUE TO
FORFEITURE ACTIONS.
27.
DISCUSS AND MOMENTARILY TABLE PROPOSED
DISCUSSION
110-113
EMERGENCY ORDINANCE AMENDING 10021,
11/30/89
WHICH ESTABLISHED INITIAL APPROPRIATION
FOR LAW ENFORCEMENT TRUST FUND (See
label 29).
28.
(Continued discussion) ACCEPT BID:
R 89-1056
114-116
INTERAMERICAN CAR RENTAL, INC. - FOR
11/30/89
FURNISHING RENTAL VEHICLES TO BE USED
BY POLICE DEPARTMENT'S TASK
FORCE/STREET NARCOTICS UNIT, SPECIAL
INVESTIGATIONS SECTION AND ANY
UNDERCOVER/SURVEILLANCE OPERATIONS (See
label 14).
29.
(Continued discussion) EMERGENCY
ORDINANCE
117-118
ORDINANCE: AMEND 10021, WHICH
10665
ESTABLISHED INITIAL APPROPRIATION FOR
11/30/89
LAW ENFORCEMENT TRUST FUND - INCREASE
FUND BY $1,210,000 DUE TO FORFEITURE
ACTIONS (See label 27).
30.
EMERGENCY ORDINANCE: AMEND 10568 -
ORDINANCE
118-120
INCREASE SPECIAL REVENUE FUND: "SUMMER
10666
FOOD SERVICE PROGRAM FOR CHILDREN
11/30/89
1989"1 BY $37,691 - (GRANT
REIMBURSEMENTS FROM U.S. DEPARTMENT OF
AGRICULTURE THROUGH FLORIDA DEPARTMENT
OF EDUCATION) - AUTHORIZE MANAGER TO
ACCEPT AWARD.
31.
AUTHORIZE BAYFRONT PARK MANAGEMENT
R 89-1057
120-124
TRUST TO ADMINISTER CONCESSIONS
11/30/89
ADJACENT TO KING ORANGE BOWL JAMBOREE
PARADE - ALLOCATE REVENUES TO
DESIGNATED CITY PROGRAMS.
32.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
124-129
SECTIONS 35-1 AND 35-11 - CHANGE
10667
DEFINITION OF "BUS" - ADD DEFINITION OF
11/30/89
"PUBLIC -RIGHT-OF-WAY: AND "ZONED
RESIDENTIAL DISTRICT" - PROHIBIT
PARKING OF COMMERCIAL VEHICLES, TRUCKS,
BUSES, TRAILERS, ETC. IN PUBLIC RIGHT-
OF-WAY IN ZONED RESIDENTIAL DISTRICTS.
33.
SECOND READING ORDINANCES AMEND
ORDINANCE
129-130
10202 — INCREASE SPECIAL REVENUE FUND:
10668
"HANDICAPPED DIVISION FUND RAISING
11/30/89
PROGRAM" BY $35,000.
34.
AUTHORIZE MANAGER TO NEGOTIATE
R 89-1058
f y
130-138
AGREEMENT WITH MIAMI HEAT COMMUNITY
11/30/89
FOUNDATION, INC. FOR USE OF GIBSON PARK
i
FOR RECREATIONAL FACILITY FOR OVBRTOWN
k'
COMMUNITY.Y
r
35.
REFER TO INTERIM STREET CODBSIGNATION
M 89-1059
13tk-140"#"
COMMITTEE REQUEST FROM THEODORE R.
11/30/89
GIBSON MEMORIAL FOUNDATION TO
CODESIGNATE GRAND AVENUE IN HONOR OF
s
REV. THEODORE GIBSON.
r 4 �
"f44:
1+
r1.
36. SECOND READING ORDINANCE: ESTABLISH NEW ORDINANCE 140-141
SPECIAL REVENUE FUND: "HISTORIC 10669
PRESERVATION: BUNGALOWS OF LITTLE 11/30/89
HAVANA, FY'89-90" - PARTIALLY BY GRANT
FROM STATE OF FLORIDA, DEPARTMENT OF
STATE - AUTHORIZE MANAGER TO ACCEPT
AWARD.
37.
SECOND READING ORDINANCE: CREATE NEW
ORDINANCE
141-142
-
SPECIAL REVENUE FUND "RECREATION
10670
PROGRAMS FOR THE MENTALLY RETARDED -
11/30/89
FY'90" - PARTIALLY FUNDED BY GRANTS -
-
AUTHORIZE MANAGER TO ACCEPT AWARD.
— 38.
FIRST READING ORDINANCE: ESTABLISH NEW
ORDINANCE
142-143
SPECIAL REVENUE FUND: "DADE COUNTY EMS
FIRST READING
-
GRANT AWARD (FY'89)" - FUNDED BY
11/30/89
_
GRANT - AUTHORIZE MANAGER TO ACCEPT
AWARD.
39.
FIRST READING ORDINANCE: AMEND 10642 -
ORDINANCE
143-144
INCREASE APPROPRIATIONS TO SOLID WASTE
FIRST READING
COLLECTION EQUIPMENT - FY'90 - FY91."
11/30/89
40.
FIRST READING ORDINANCE: EXPRESS CITY
ORDINANCE
144-158
COMMISSION'S GOAL TO MAINTAIN THE
FIRST READING
GENERAL FUND BALANCE (AS OF 9/30/89) AT
11/30/89
J
NO LESS THAN $6,000,000 - INCREASE
FUTURE YEAR ENDING FUND BALANCES BY AT
LEAST $1,000,000 PER YEAR FOR NEXT 4
YEARS - AUTHORIZE CITY MANAGER TO TAKE
NECESSARY ACTIONS - NO FUTURE
APPROPRIATIONS FROM FUND UNLESS THERE
IS A FAVORABLE VOTE OF 4/5THS OF CITY
COMMISSION.
41.
BRIEF COMMENTS BY COMMISSIONER DAWKINS
DISCUSSION
158-159
RECOGNIZING CITY OFFICIALS FROM NEW
11/30/89
ORLEANS AND STATE OF LOUISIANA.
—
42. BRIEFLY DISCUSS AND DEFER TO DECEMBER
DISCUSSION
159-161
_
14TH MEETING PROPOSED EXECUTION OF
11/30/89
AGREEMENT WITH METROPOLITAN DADE
COUNTY, CITY OF MIAMI BEACH, AND
VILLAGE OF BAL HARBOR TO AMEND
INTERLOCAL AGREEMENT WITH THE GREATER
MIAMI CONVENTION AND VISITORS BUREAU,
INC.
43. QUALIFY DEVELOPMENT TEAMS AND AUTHORIZE
R 89-1060
161-164
ISSUANCE OF RFP FOR DEVELOPMENT OF THE
11/30/89
FEDERAL LAV ENFORCEMENT BUILDING.
(Note: Qualified were: Miami Capital
Facilities Ltd., Miami Development
Group, Inc., Miami Justice Center
k
Associates, Inc., Miami-Maintrust
;}
Development J.V., and THREE TM Ltd.)
44. (A) REJECT ALL BIDS RECEIVED CONCERNING
M 89-1061
164-171 t
PROVISION OF BANKING SERVICES TO THE
M 89-1062
fa
r
>
CITY - DIRECT ADMINISTRATION TO
11/30/89
READVERTISE/RECOMMENCE ENTIRE PROCESS -
REQUEST MANAGER To RECOMMEND NEW AND
_
CLEARLY DEFINED POINT SYSTEM FOR RATING
��.
BA
(B) EXTEND ONGOING CITY CONTRACT WITH
3
SOOTABAST BANKFOR BANKING SERVICES FOR
SIX MORE �•
3tl�_:
.k •.may
„k
ul.
'�
7y
4S. BRIEF CONMENTS CONCERNING COLLECTIVE
DISCUSSION
BARGAINING AGREEMENT WITH THE
11/30%89
- SANITATION EMPLOYEES ASSOCIATION (Note:
No action was taken.)
- 46. DISCUSS AND DEFER TO DECEMBER 7TH
DISCUSSION
NESTING PROPOSED RESOLUTION AUTHORIZING
11/30/89
THE MAYOR (AS CHAIRMAN OF THE BOARD) TO
EXECUTE AN AGREEMENT WITH WYNWOOD
COMMUNITY ECONOMIC DEVELOPMENT
- CORPORATION (WCEDC) FOR PREPARATION OF
A SAFE NEIGHBORHOOD IMPROVEMENT PLAN.
47. ACCEPT COMPLETED WORK: ALFRED LLOYD AND
R 89-1063
SONS, INC. - FOR CITYWIDE SANITARY
11/30/89
SEWER EXTENSION IMPROVEMENT - S.W. 8
COURT.
48.
49.
RATIFY MANAGER'S FINDING OF SOLE R 89-1064
SOURCE - WAIVE REQUIREMENT FOR 11/30/89
COMPETITIVE BIDDING - APPROVE PURCHASE
OF A COMPUTERIZED PERMITS AND
VIOLATIONS SYSTEM FROM THE CITY OF FORT
LAUDERDALE FOR BUILDING & ZONING
DEPARTMENT.
CONFIRM ASSESSMENT ROLL: CONSTRUCTION R 89-1065
OF EAST ALLAPATTAH HIGHWAY IMPROVEMENT 11/30/89
H-4481.
50. CONFIRM ASSESSMENT ROLL: CONSTRUCTION R 89-1066
OF WEST FLAGLER STREET SANITARY SEWER 11/30/89
IMPROVEMENT. SR-5495-C
- 51.
52.
53.
54.
55.
56.
k
WAIVE REQUIREMENT FOR SEALED BIDS — R 89-1067
ACCEPT PROPOSAL FROM BUILDING SYSTEMS & 11/30/89
SERVICES (A DIVISION OF CARRIER CORP.)
FOR REFURBISHING POLICE DEPARTMIMT
HEADQUARTERS AIR CONDITIONING SYSTEM.
173-181
181
182
183
183-1b4
184-188
EMERGENCY ORDINANCE: AMEND 10642 —
WAIVE REQUIREMENT FOR SEALED BIDS — R 89-1067
ACCEPT PROPOSAL FROM BUILDING SYSTEMS & 11/30/89
SERVICES (A DIVISION OF CARRIER CORP.)
FOR REFURBISHING POLICE DEPARTMIMT
HEADQUARTERS AIR CONDITIONING SYSTEM.
173-181
181
182
183
183-1b4
184-188
EMERGENCY ORDINANCE: AMEND 10642 —
ORDINANCE
189-190
ESTABLISH NEW PROJECT: "GENERAL ANTONIO
10671
MACEO PARK DEVELOPMENT" — FUNDED BY
11/30/89
STATE LEGISLATIVE GRANT — AUTHORIZE
MANAGER TO ACCEPT AWARD.
WAIVE COMPETITIVE BIDS — RATIFY
R 89-1068
191-194
MANAGER'S FINDING OF EMERGENCY — ACCEPT
11/30/89
LOWEST RESPONSIBLE BID FOR
IMPROVEMMITS/SERVICES/EQUIPMENT/OTHER
MATERIALS FOR GENERAL ANTONIO MACEO
PARK PROJECT — PHASE I.
a;
RETO INTERNATIONAL SECURITY AND THE
FER
N 89-1069
194-199
STATE ATTORNEY IS OFFICE, FOR
11/30/89
INVESTIGATION, ALLEGATIONS MADE BY
rw
EUGENIO TEJADA AGAINST PEDRO PABLO
CISNEROS, FORMER EXECUTIVE DIRECTOR OF
s
MIAMI CAPITAL DEVELOPMENT CORPORATION}
PERSONAL APPEARANCE BY LOUIS SHABARMW
DISCUSSION
200-203
CONCERNING TAXATION ISSUES.
11/30/89
REFER TO INTERIM STREET CODESIGUTION
M 89-1070
203-204
}
}
COMMITTEE REQUEST FROM THE PBNDBNT
11/30/89
ORDER OF ODD FELL00 AND RRIEKARS TO
�
CODESIGUTB N.W. 3 STREET BETWEEN 22
AND 27 AVMMS IN HONOR OF TE OMS
VILDI♦.
ACCEPT BID: SHENANDOAH GENERAL R 89-1071
CONSTRUCTION FOR FLAGLER PARK STORM 11/30/89
SEWER INSPECTION PROJECT.
(A) SUPPORT THE BLACK ARCHIVES HISTORY M 89-1072
AND RESEARCH FOUNDATION OF SOUTH M 89-1072.1
FLORIDA'S CONTINUING EFFORTS FOR 11/30/89
ADDITIONAL STATE FUNDING CONCERNING THE
HISTORIC OVERTOWN FOLKLIFE VILLAGE
PROJECT.
(B) ACCEPT CONCEPTUAL PLAN FOR
HISTORIC OVERTOWN FOLKLIFE VILLAGE.
59. DISCUSSION WITH REPRESENTATIVES OF DISCUSSION
LYNNIS COMMUNICATIONS, INC., CONCERNING 11/30/89
POSSIBLE LEASING OF CITY -OWNED PROPERTY
IN VIRGINIA KEY FOR RADIO ANTENNA FOR
NEW RADIO STATION CATERING TO CHILDREN.
60. (A) GRANT REQUEST BY LITTLE HAVANA R 89-1073
DEVELOPMENT AUTHORITY FOR STREET R 89-1074
CLOSURES CONCERNING HOLIDAY FIESTA 11/30/89
FESTIVAL/PARADE - ESTABLISH PEDESTRIAN
MALL - AUTHORIZE BEER/WINE PERMIT -
ESTABLISH AREA PROHIBITED TO RETAIL
PEDDLERS.
(B) GRANT REQUEST BY LATIN QUARTER.
HOLIDAY FIESTA FOR STREET CLOSURES -
ESTABLISH PEDESTRIAN MALL - AUTHORIZE
USE OF SITE FOR PROPOSED LATIN QUARTER
SPECIALTY CENTER.
61.
62.
REFER TO INTERIM STREET CODESIGNATION M 89-1075
COMMITTEE REQUEST FROM MANUEL VASQUEZ 11/30/89
TO CODESIGNATE S.W. 8 STREET BETWEEN 22
AND 24 AVENUES IN HONOR OF CELIA CRUZ.
GRANT REQUEST BY M3AMI NORTH -SOUTH M 89-1076
GOLF, INC. TO WAIVE GREEN FEES DURING 11/30/89
37TH ANNUAL MIAMI NORTH -SOUTH GOLF
TOURNAMENT AT MIAMI COUNTRY CLUB, MIAMI
SPRINGS.
204-209
209-211
212-215
215-226
2215-228
228-230
DIRECT CITY MANAGER TO TRANSFER
DISCUSSION
230-231
CONSIDERATION OF ISSUE CONCERNING MIAMI
11/30/89
SPORTS AND EXHIBITION AUTHORITY TO
DECEMBER 14TH MEETING (RATHER THAN
DECEMBER 7TH).
SECOND READING ORDINANCE: ZONING TEXT
ORDINANCE
231-232
AMENDMENT - SECTION 15, SPECIAL PUBLIC
10672
INTEREST DISTRICTS - ADD NEW SECTION
11/30/89
152000 SPI-20, JACKSON MEMORIAL
HOSPITAL MEDICAL CENTER OVERLAY
DISTRICT - PROVIDE INCENTIVES TO
r,
ENCOURAGE USE OF PUBLIC TRANSPORTATION
(Applicant: Planning Department).
SECOND READING ORDINANCE: ZONING ATLAS
ORDINANCE
232-233 r
AMENDMENT - APPLY SPI-200 JACKSON
10673
MEMORIAL HOSPITAL MEDICAL CENTER
11/30/89
x
OVERLAY DISTRICT, TO AREA GENERALLY
u.
BOUNDED BY N.W. 14 AND 20 STREETS,
BETWEEN N.W. 7 AND 12 AVENUE$, PLUS
AREA 300 FEET SOUTH OF N.W. 16 STREET,
EXTENDING 650 FEET WEST OF N.W. 12°
,t y�
AVENUE TO WAGNER CREEK (Applicants
Planning Department).
t='`
66.
DENY PROPOSED FIRST READING ORDINANCE
M $9-1077
233-243
-;
WHICH WOULD HAVE AMENDED THE MIAMI
11J30/89
COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE
—
LAND USE PLAN MAP - by changing zoning
designation of property at 5723 SW 3
Street. (Applicants: Leonard and Sandra
Poole).
67.
DENY PROPOSED FIRST READING ORDINANCE
M 89-1078
243-244
TO AMEND ZONING ATLAS AT 5723 SIT 3
11/30/89
STREET - from RS-2/2 to RG-2/4.
_
(Applicants: Leonard and Sandra Poole).
68.
(A) FIRST READING ORDINANCE: AMEND
ORDINANCE
244-255
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
FIRST READING
BY CHANGING LAND USE DESIGNATION AT
M 89-1079
1800-1818 S.W. 21 TERRACE FROM SINGLE
M 89-1080
FAMILY RESIDENTIAL TO OFFICE
11/30/89
(Applicant: Armando Vincente). (Note:
This FIRST READING ordinance was
immediately reconsidered - see label
-
68B.)
(B) RECONSIDER PREVIOUSLY PASSED FIRST
-
READING ORDINANCE CONCERNING LAND USE
DESIGNATION AT 1800-1818 S.W. 21
—
TERRACE ((See label 68A).
(C) CONTINUE TO DECEMBER 14TH MEETING
-
CONSIDERATION OF PROPOSED FIRST READING
ORDINANCE TO AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING LAND USE
-
DESIGNATION AT 1800-1818 S.W. 21
TERRACE FROM SINGLE FAMILY RESIDENTIAL
TO OFFICE.
69.
CONTINUE TO DECEMBER 14TH PROPOSED
DISCUSSION
255-256
FIRST READING ORDINANCE CHANGING ZONING
11/30/89
ATLAS AT 1800-1818 S.W. 21 TERRACE FROM
RS-2/2 TO RO-3/6.
70.
REVERSE ZONING BOARD'S DECISION - GRANT
R 89-1081
256-261
SPECIAL 'EXCEPTION TO CONSTRUCT SURFACE
11/30/89
PARKING LOT FOR PRIVATE PASSENGER
VEHICLES AT 4251-4253 N.W. 6 STREET IN
CONJUNCTION WITH THE OCEAN BANK COMPLEX
AT 780 N.W. 42 AVENUE, WITH PROVISO.
(Applicant: Ocean Bank).
71.
AMEND PREVIOUSLY APPROVED MAJOR USE
R 89-1082
261-262
SPECIAL PERMIT FOR OCEAN BANK (AKA
1)./30/89
LEJEUNE CENTRE) AS PROPOSED BY OCEAN
BANK - INCORPORATING LOTS 3, 12 & 13
INTO PERMIT PROVIDING ADDITIONAL
_
PARKING SPACES (Applicant: Ocean Bank).
- 72.
DENY PROPOSED FIRST READING ORDINANCE
M 89-1083
263-264
—
TO AMEND MIAMI COMPREHENSIVE
11/30/89
NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN
MAP CHANGING LAND USE DESIGNATION ATK
—
3230 VIRGINIA STREET FROM DUPLEX
RESIDENTIAL TO HIGH DENSITY MULTIFAMILY
r
RESIDENTIAL (Applicant: American Realty
International Inc.)
i
`h `
.f'
4 T"`
73.
DISCUSS AND TEMPORARILY TABLE APPEAL BY
DISCUSSION
264-265'
CORAL GATE H0MICOWNERS ASSOCIATION OF
11/30/89
-
ZONING BOARD'S GRANTING OF SPECIAL
EXCEPTION TO CONSTRUCT SURFACE PARKING
WITH THE PROPOSED VARADERO SUPERMARKET
AT 3260 CORAL WAY (Sea label 77).'
.b
t.Ai k7'
14.
SECOND READING OR277NANC8: AMEND CODE
ORDINANCE
SECTION 62 - ADD NEW ARTICLE IX (URBAN
10674
DEVELOPMENT REVIEW BOARD) - PROVIDE FOR
11/30/89
ESTABLISHMENT, MEMBERSHIP,
FUNCTIONS/POWERS/DUTIES, AND
PROCEEDINGS - TO FORMALIZE URBAN
DEVELOPMENT BOARD RECOMMENDATIONS TO
PLANNING DIRECTOR CONCERNING ISSUANCE
OF CLASS C SPECIAL PERMITS IN CERTAIN
DISTRICTS - RESCIND RESOLUTIONS 42762
AND 75-1070.
75.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
CHAPTER 14 (DOWNTOWN DEVELOPMENT),
10675
SECTIONS 14-71 (TRAFFIC CONTROL
11/30/89
MEASURES) AND 14-72 (ENFORCEMENT) -
MODIFY GENERAL REQUIREMENTS FOR
TRANSPORTATION CONTROL MEASURES RELATED
TO NEW DEVELOPMENT REQUIREMENTS FOR
LARGE SCALE DEVELOPMENT, ETC.
76.
AUTHORIZE DONATION OF 30 BICYCLES TO
R 89-1084
METROPOLITAN DADE CORRECTION AND
11/30/89
REHABILITATION DEPARTMENT FOR
DISTRIBUTION TO UNDERPRIVILEGED
CHILDREN DURING CHRISTMAS SEASON.
77.
(Continued discussion) GRANT APPEAL BY
R 89-1085
CORAL GATE HOMEOWNERS ASSOCIATION -
11/30/89
REVERSE ZONING BOARD'S DECISION TO
GRANT SPECIAL EXCEPTION TO CONSTRUCT
SURFACE PARKING IN CONJUNCTION WITH
VtJWERO SUPERMARKET. AT 3270-90 S.W. 21
STREET AND 2101 S.W. 33 AVENUE (See
label 73).
78.
MARTIN LUTHER KING DAY PARADE: PROVIDE
R 89-1086
FOR STREET CLOSURE - ESTABLISH
11/30/89
PEDESTRIAN MALL.
79.
EMERGENCY ORDINANCE: ESTABLISH SPECIAL
ORDINANCE
REVENUE FUND: "DR. MARTIN LUTHER KING,
10676
JR. PARADE FUND - 1990" - ALLOCATE
11/30/89
$6,000 TO BE MATCHED BY PRIVATE SECTION
DONATIONS, WITH PROVISOS.
80. ACCEPT BID: L & L BUSINESS INTERIORS -
FOR FURNISHING FOUR WORKSTATIONS FOR
UkW DEPARTMENT.
81. STATE COMMISSION'S SUPPORT OF A
COALITION OF MAJOR HISPANIC AND CUBAN-
AMERICAN ORGANIZATIONS IN ITS EFFORTS
PETITIONING THE COMMUNITY TO EXPRESS
PUBLIC INDIGNATION OVER CUBAN
GOVERNMENT SENDING ITS REPRESENTATIVES
POSING AS ACADEMICS WHILE CONTINUING TO
IGNORE BASIC HUMAN RIGHTS.
265-266
267
268
269-292
293-294
R 89-1087 296-297
11/30/89
8 297-298
k
r. 1
Z �f
F�.Cy�s
F
*t 9
Y !S
R 89-108
11/30/89
s-
MINI S OF REGULAR MEETING OF THE
CITY COMMISSION or MIAMI, FLORIDA
On the 30th day of November, 19890 the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500 pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:08 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ALSO PRESENT:
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 De Yurre then
led those present in a pledge of allegiance to the flag.
Mayor Suarez: Not for this meeting, since I haven't given her prior warning,
but Dr. Alonso, we'd like to have you, in the future, prepare a prayer, if you
would, or bring someone for an invocation at your convenience and opportunity.
In the meantime, we go back to the traditional prayer.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS
1. Proclamation: The week of December 1, 1989 was declared "Civil Air
Patrol Week."
2. Proclamation to Friends of City of Miami Cemetery for their restoration
efforts to this historic site, declaring November 16, 1989 as "Friends of
the City of Miami Cemetery Day."
3.
Certificates .of Appreciation awarded to Southeast Bank, Las Tapas, SaKs
Fifth Avenue, as well as the new Mexican Consul,
Licenciada Mariana Fries
de Hubbert, Anna Maria Descalzo and Sonia Gibson
for their assistance
coordinating the recent International Students
Council conference in.
Miami.
{ .v
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2,, :
EXPRESS SYMPATHY AND .C.ANDOLBNCBS, ,TO FAMILY AND
FRIENDS OF FORMA MXAMi
POLICE CHIEF HERS BRESLOW.
Mappr $ua eaGs AK, we're stozmin& onto the first item. , M,adam, City: Cle�rk�,,•t��;
we
..
seed :to::mPPrQva.minutes;. of the prior meeting?
q
!ia
Hirai: Ito, air.
. u • ,.
,
i
bays F:
Suares:
OX.
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41
ry ,
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r. Plummer: I'd like to offer a resolution expressing the sympathy and the
incere condolences of the City Commission on behalf in the passing to the
amily of Herb Breslow, former Chief of Police of the City of Miami upon his
eath. I think we all remember Herbie as Herbie the Hat. The man is, in his
wn way, passed on as he lived, a man with dignity, a man who kept everything
to himself. No one even knew about the serious problem that he had except his
wife until two weeks before his passing. He handled things in his own
inevitable way, he was a fine friend, he was a good Police Chief and we
express to his family, on the passing of Herb Breslow, and I so move in the
resolution presented by the City Attorney.
Mr. Dawkinss Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 89-1003
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY' AND
FRIENDS OF HERBERT BRESLOW, FORMER CHIEF OF POLICE OF
THE CITY OF MIAMI, FLORIDA, UPON HIS DEATH.
(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:
AYESs Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT* None
3. DIRECT ADMINISTRATION TO ARRANGE A LUNCHEON IN APPRECIATION OF FORMER <
COMMISSIONER ATHALIE RANGE FOR HER OUTSTANDING SERVICES AS A MEMBER OF
THE CITY COMMISSION.
Mayor Suarez: Item number.'.
Mr. Plummer: Mr. Mayor...
Mayor Suarez: Yes, Commissioner Plummer.
Mr. Plummer: ...well, one other thing before we start, if we would. I think
it would be only appropriate that other than just wishing Athalie Range well-
as we did at the last Commission, that something should be done to'f�
significantly honor this fine lady for the job that she did as she sat. hserai _
and I think that we should have a luncheon, Mr. Manager, is some way, shape,.: x
or form, if the Commission agrees to really say thank you in a proper easy to
the lady who did a very fine job and has always had this coeamaunity at he&rt. j}
'~ if that's in order, I'll suffer a motion at this time that the edmdinlot ration-
prepare some kind of a appropriate luncheon to honor Athale Range. c�
Dr. Alonso: Yes, I secoa4.'
Mayor Duamre*: $o moved and seconded by Comissiomer, Aida*o.
- st.
}
The following motion was introduced by Commissioner Plummer, who moved
-r its adoption:
MOTION NO. 89-1004
A MOTION DIRECTING THE CITY ADMINISTRATION TO PREPARE
AN APPROPRIATE LUNCHEON IN APPRECIATION OF FORMER
COMMISSIONER ATHALIS RANGE FOR HMR OUTSTANDING
SERVICES RENDERED AS A MEMBER OF THE MIAMI CITY
COMMISSION.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
_ Commissioner Miller Dawkins
_ Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS: None.
ABSENT: None.
4. COMMISSIONER PLUMMER INVITES OTHER COMMISSION MEMBERS AND RESIDENTS OF
THE CITY TO A CEREMONY THIS EVENING IN BAYFRONT PARK FOR THE LIGHTING OF
THE CHRISTMAS TREE.
Mr. Plummer: And finally, Mr. Mayor, I want to make sure if everybody is
listening...
6
Mayor Suarez= This is that section of the agenda devoted-
to Commissioner.
Plummer.
Mr. Plummer: No, this is not mine, I'm just inviting, as I
sent a memo to
you, tomorrow night is the lighting of the Christmas tree at 6:00
o'clock. It
is the hope that all of you can be there for the lighting of this Christmas
x
tree at 6:00 o'clock. It will be a brief ceremony. The only
activities other
than the lighting of the tree will be the University of Miami
choral group who
will be there rendering the traditional music of the season.
So I invite all
Tts
of you to be there if possible.
Mayor Suarez:. It's a very impressive tree. OK.
ty5.
NOTE FOR THE RECORD: Mayor Suarez recognizes Hialeah-,.
Councilman, Alex Dangles, who is present in
.:the _
audience.
�'
•• :Yti:l��i'J. —.i...®—..-ar.... ,._........ri.�«.:.---------r......—..----i.��aa���i.i..L...��.
5. ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS Or THE
NONPARTISAN PRIMARY ELECTION (NOVEMBER 1, 1989) TO ELECT MAYOR (GROUP I)
AND TWO COMMISSIONERS (GROUPS IV & V). (Note: Elected vast Mayor Xavier
L. Suarez [Group I]).
Mayor Suarez: Item number one, resolution officially accepting the attached
City Clerk's certification declaration of the results of the non partisan
primary election held on November 7th. I'll entertain a motion on that.
Mr. Plummer: So move.
Dr. Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-1005
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE NONPARTISAN PRIMARY
ELECTION HELD ON NOVEMBER 7, 1989, FOR THE ELECTION OF
MAYOR (GROUP I) AND TWO COMMISSIONERS (GROUP IV AND
GROUP V).
(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 4
Commissioner Miller Dawkins }
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
s,
5. ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS OF THE GSHBRAL
MUNICIPAL ELECTION (NOVEMBER 14, 1989) TO ELECT TWO COMMISSION= u
(GROUPS IV & V)., (Nate: Elected were: Commissioner Miriam Alonso [Group'' hE$
IV] and Commissioner Miller J. Dawkins [Group V].)
Mr. Plummer: On number two, Mr. Mayor, I move it but I wish discussion.
.Mayor Suarez: Which, Commissioner?
Mr. Plummer: Item two, I move. r
M4y6r Suarez:' Item two is moved by Commissioner Plummer.
Dawkins: Second, .
4-
76. yOr Sutras; Sacoaded, Commissioner Dawkins. %s, disous� ion.
L
btr. pluiamsr: Under diso+irsion, Mr. Mayor, tuox¢ , v8s a 4IsaroP1"q,1 wh-
' want to puo€ cla
t in #s recorsi '.4006tiono Thor# V" t
n+ + .1Y a-jors�a tact 114,..,. 14 i#
_tee .,,
Y
•
percent. I questioned that the night of the election and the results are the
following: Precinct 524 exist half in the City and half in the County
geographically. We found out that of the fifteen voters in that precinct, not
a single of the fifteen live in the City of Miami. So, for clarification and
edification, it will be removed as a City of Miami precinct and anyone
questioning the discrepancy is the reason that I'm putting it on the record at
this particular time.
Mayor Suarez: OK. Any other discussion? If not, please call the roll on
item two.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-1006
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 14, 1989, FOR THE ELECTION
OF TWO COMMISSIONERS (GROUP IV AND GROUP V).
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Nona
7. ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS OF THE SPECIAL
MUNICIPAL ELECTION (NOVEMBER 7, 1989) (CHARTER AMENDMENT NO. 1) - TO
RAISE THE DOLLAR AMOUNT REQUIRED TO OBTAIN SEALED COMPETITIVE BIDS IN
THE PROCUREMENT OF GOODS/SUPPLIES/COMMODITIES FROM $4,500 TO $I0,000.
f_
(Note: Charter Amendment No. 1 was disapproved by the electorate.)$
Mayor Suarez:
Item three.
Mr. Plummer:
Move it.
r
_
Mayor Suarez:
Results of special election.
Mr. Dawkins
Second.`zFy
Mayor Suarez:
Moved and seconded. Any discussion? If
not, please call the
Mr. Fernandez:
-Yes, Mr. Mayor, before you call the roll.'
Mr.. Plummer:
Wait, wait, wait... for the record, for the record. It' s sot;.
just for the results of a special election, but it is in
NYS {
reference tct#a3~teV
amendment -number one.
Mr: F'ernanden:
Correct.
Mr. Plummer:
We've got them all individu4i ly, Mr, Mayor.
.
Mr, Farnandozi
That
5 f 4
t's on tbo title there.
a
a
4 i ,cik fFL a.
t
F
Mr. Fernandez: And the title of the resolution should properly read,
"Disapproved by the electorate."
Mr. Plummer: Smart people.
Mayor Suarez: OK, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-1007
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 1989, IN WHICH THE
QUESTION OF AMENDING THE CITY CHARTER (CHARTER
AMENDMENT NO. 1) TO PROVIDE THAT THE DOLLAR MIOUNT AT
WHICH THE REQUIREMENT OF OBTAINING SEALED COMPETITIVE
BIDS IN THE PROCUREMENT OF CITY GOODS, SUPPLIES AND
COMMODITIES BECOMES APPLICABLE BE RAISED FROM $4,500
TO $10,000 WITH THE CITY COMMISSION BEING EMPOWERED BY
ORDINANCE TO REQUIRE SUCH BIDS IN PROCUREMENT
CONTRACTS FOR LESSER DOLLAR AMOUNTS WAS DISAPPROVED BY
THE ELECTORATE.
(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 J. L. Plummer, Jr.
®
Commissioner Miriam Alonso
Commissioner Miller Dawkins
=
Vice Mayor Victor De Yurre
=
Mayor Xavier L. Suarez
NOES: None.
3
ABSENT: None.
-
8. ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS OF THE SPECIAL
f
MUNICIPAL ELECTION (NOVEMBER 7, 1989) (CHARTER AMENDMENT NO. 2) TO
r
EXPAND THE CITY COMMISSION, EFFECTIVE 1991, FROM 5 TO 9 MEMBERS (5 TO BE
ELECTED ON SINGLE -MEMBER DISTRICT BASIS AND 4, INCLUDING THE MAYORO AT
_
LARGE ESTABLISH DISTRICT BOUNDARIES TO BE DEFINED BY A BOUNDARIES
COMMITTEE TO BE IMPANELED IN 1991 AND AFTER EACH FEDERAL DECEMIAL
CENSUS= STAGGER TERMS OF OFFICE FOR ALL COMMISSIONERS AND THE MAYOR�
CHANGE REQUIREMENT FOR AN EXTRAORDINARY VOTE OF THE CITY COMMISSION.
§`
(Note: Charter Amendment No. 2 was disapproved by the electorate.)
Mayor Suarez: Item four.`
Mr. Plummer: Move it.,
Mayor Suaret: Moved.
3
' �
,;...
Mr. Dawkins: Second.
¢�
Mayor Suaret: Seconded, Commissioner Dawkins. Any discussion?
pl*ase call the roll,
—:s
Mr. Feraaadew: Again. the record should reflect t#�at It should rd
"disapproved by the electorate," nucmber four.
Mayor suaroa: Ox,
",'sly ,
,t
011
Mr. Fernandez: Charter amendment number two.
Mayor Suarez: My copy says that. All right.
Mr. Dawkins: Last line says, "was disapproved by the electorate."
Mr. Plummer: Smart people.
The following resolution was introduced by Commissioner Plummer, who
moved its adoptions
RESOLUTION NO. 89-1008
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 1989, IN WHICH THE
QUESTION OF AMENDING THE CITY CHARTER (CHARTER
AMENDMENT NO. 2) TO PROVIDE: EFFECTIVE IN 1991, FOR
EXPANDING THE COMMISSION FROM FIVE TO NINE MEMBERS,
FIVE OF WHOM ARE TO BE ELECTED ON THE BASIS OF SINGLE -
MEMBER DISTRICTS AND FOUR OF WHOM, INCLUDING THE
MAYOR, ARE TO BE ELECTED AT LARGE; ALSO, PROVIDING FOR
DISTRICT BOUNDARIES TO BE ESTABLISHED AND REDEFINED,
SUBJECT TO COMMISSION APPROVAL, BY A BOUNDARIES
COMMITTEE, WHICH SHALL BE IMPANELED IN 1991 AND AFTER
EACH FEDERAL DECENNIAL CENSUS; PROVIDING FOR STAGGERED
TERMS OF OFFICE AND FOR THE DATES AND MANNER OF
ELECTIONS FOR ALL COMMISSIONERS AND THE MAYOR; AND BY
CHANGING THE REQUIREMENT FOR AN EXTRAORDINARY VOTE'OF
THE CITY COMMISSION; MORE PARTICULARLY BE AMENDING
SECTIONS 4, 6, 7, 12, 13, 19, 32 AND 39 OF SAID
CHARTER WAS DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here and on
yr'
�j
.. _� ... --y------------------------------------------------------------
9. ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS OF THE SPECIAL
MUNICIPAL ELECTION (NOVEMBER 7, 1989) (CHARTER AMENDMENT NO. 3) - ADJUST
ANNUAL COMPENSATION, EFFECTIVE 1991, TO COMMISSIONERS AND MAYOR TO BE
PROPORTIONAL TO THE CONSUMER PRICE INDEX (CPI), SINCE 1949, THEREAFTER
ANNUALLY IN PROPORTION TO CHANGES IN CPII MAYOR'S COMPENSATION TO BE 10%
HIGHER THAN COMMISSIONERS. (Note: Charter Amendment No. 3 was
disapproved by the electorate.)
Mayor Suarez: Item five.
Mr. Plummer: B000.
Mayor Suarez: Moved.
F:
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion other than the boo, which is
reflected in the record?
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-1009
A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING
THE ATTACHED CITY CLERK'S CERTIFICATION AND
DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL
ELECTION HELD ON NOVEMBER 7, 1989, IN WHICH THE
QUESTION OF AMENDING THE CITY CHARTER (CHARTER
_
AMENDMENT NO. 3) TO PROVIDE, EFFECTIVE IN 1991, THAT
THE ANNUAL COMPENSATION OF $5,000
PRESENTLY PAID TO
INDIVIDUALS HOLDING THE OFFICE
OF COMMISSIONER AND TO
THE INDIVIDUAL HOLDING THE
OFFICE OF MAYOR BE
—_
PROPORTIONAL CHANGES IN THE
CONSUMER PRICE INDEX
(CPI), SINCE 1949, AND THEREAFTER SUCH SALARIES BE
-
ADJUSTED ON AN ANNUAL BASIS
IN PROPORTION TO THE
CHANGE IN SAID INDEX, WITH THE
MAYOR RECEIVING ANNUAL
COMPENSATION TEN PERCENT (10%)
HIGHER. THAN THAT PAID
TO ALL OTHER COMMISSIONERS;
MORE PARTICULARLY BY
AMENDING SECTION 4 OF SAID CHARTER, WAS DISAPPROVED BY
THE ELECTORATE.
(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 J. L. Plummer, Jr.
A
Commissioner Miriam Alonso
,
Commissioner Miller Dawkins
:' k
Vice Mayor Victor De Yurre
M
}
Mayor Xavier L. Suarez
Y5
s,+K�kr�s
NOBS:
None.
a
ABSENTt
None.
,a�yY
.r,
t p7
r �
—
:'.
10. ELECT AND REAPPOINT MATTY HIRAI AS CITY CLERK-
- -- — ------ — -------- — ------- — —
Mayor Suarez: Item six.
Mr. Dawkins: Move it.
Mayor Suarez: Electing and reappointing the City Clerk. So moved.
Mr. Plummer: Second, of course.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-1010
A RESOLUTION ELECTING AND REAPPOINTING MATTY HIRAI, AS
CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD
OFFICE AS PROVIDED FOR IN THE CITY CHARTER.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Mar. De Yurre: Move it.
f '
{
Mr. Dawkins: Second.
eac Moved seconded. Any discussion on
Mayon Suaz : , y
item seven? It not, p�.ease'
call the roll.
The following resolution was introduced by
Alo tea: 'Yurre,
aaoved its adoption:
Y �
RESOLUTION NO. 89-1011
� r
rF
Af:ldi.+lf�l
TERMANDI+, AS CITY ATTO1my T
CI MIAAI;iI
�/Q��
tQf
i
(fit■rred„follows oef , +]�[aR,
/1y yr}opo/�ljutioa!
Of
�!l
y.
ilk
Upon biting seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following votes
AYES: Commissioner J. L: Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
A13 SENT : None.
COMMENTS MADE DARING ROLL CALL:
Mayor Suarez: You know, my opponent during the campaign, Mr. City Attorney,
offered to give back to the City all of the money that he would get paid if is
that charter amendment was passed and if he was elected, of course. Would you
offer a similar amount to return to the...
Mr. Plummer: You should have said that before we voted on it.
Mayor Suarez: I haven't voted, that's why.
Mr. Plummer: Oh, OK.
Mayor Suarez: Yes.
12. APPOINT COMMISSIONER MILLER J. DAWKINS AS VICE MAYOR.
Mayor Suarez: Item 8. Electing and appointing Commissioner as `Vice Mayor.
We are trying to follow a rotating system. I thought of putting the name of
Commissioner Dawkins in nomination. Commissioner, since you're going to .be
here for the next four years, I guess it's not any particular concern.
Mr. De Yurre: Mr. Mayor, if I may?
i y4Y
Mayor Suarez: Yes, Vice Mayor De Yurre.
Mr, Da Yurre: Following the rotational basis which has existed here for'
many_
a years, I -believe it. is Commissioner Dawkins' turn to serve as Vice Mayor and
I: move that he be appointed as such.
Mayer Suarez: So moved. °
.Dr., Alonso: Second.`
,t. or Suarez: Seconded! by Coimmnissioner Alonso. Any discussion?,'':;If not,.
$ay. v ¢.
please call the roll.
_ a
_.:,:.The following resolution wits introduced by Commissioner Der Yurre,
_ moved its adoption: _ 1, .
RESOLUTION NO. 84-1012 A3�
_ A RESOLUTIONELECTING AND APPOINTING COMMISSIONER
Mi%LNR J. _ 9AWKIN$ A8_ VICE AX4? Qj ,qTY OF MIAMI, x
w FtIAA� TA WRVS +� ON$Al
iR TS CIN4 #�
RM �
DATI HEREOF.
�i 4_4Fa
t (#ter44-411
.o�o�� bQd�► Qta�Iut,s�t�� jj
� �s
a w
'Veep sal
ila is tilt Qiar the 'C3ty Cieerl• F
tipoa ba%sR sooQmtlsd .y �Ccexaaiame�c A9t �'
$�p ; by _100 A P,QWA el
r ZrK?`�3
` ,dt• "
0
ATRAt Comissioner J. L. Plummer, Jr.
CotiY'sissibner Miriam Aloftab
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOESt None,
ABSENTt None.
Mayor Suarozi Reflect an abstention from Commissioner Dawkins.
NOTE FOR THE RECORD: Reference R-89-1012, whereby
Commissioner Dawkins was made Vice Mayor of the City
of Miami effective noon, December 1, 1989. Therefore,
his new appointment will be reflected in the minutes
beginning with the meeting of December 7, 1989.
13. (A) CONSENT AGENDA - GENERAL COMMENTS
(B) EXTEND FOR 90 DAYS AGREEMENT WITH THE PUBLIC HEALTH TRUST OF
DADE COUNTY (WHICH OPERATES JACKSON MEMORIAL HOSPITAL) FOR
COORDINATION OF EMERGENCY MEDICAL SERVICES BEING PROVIDED BY
RESCUE DIVISION OF CITY'S FIRE DEPARTMENT - INSTRUCT CITY
MANAGER TO NEGOTIATE EQUITABLE AGREEMENT OR SERVICES TO BE
TERMINATED.
(C) (I) BRIEF COMMENTS CONCERNING CA-24 - PROPOSED AGREEMENT WITH
AUTOMATED MEDICAL SERVICES, INC. - FOR COLLECTION OF EMERGENCY
MEDICAL TRANSPORTATION FEES.
(C) (ii) BRIEF COMMENTS CONCERNING CA-27 - PROPOSED AGREEMENT WITH
EAST LITTLE HAVANA COMMUNITY DEVELOPMENT CORPORATION CONCERNING
11-UNIT AFFORDABLE TOWNHOME PROJECT.
Mayor Suarez: Item 9.
Mr. Plummer: Item...
Mayor Suarez: Consent agenda. OK,. Commissioner Alonso, let me clarify.
something on this. We have tried to - those of us who have been` here have;
tried :to restrain ourselves from 'pulling items, but in the case of'yourselF;
' if you have any of'these items that you need to have-handled`separately" as a v
courtesy ' -to you, the least we could do is remove those`' at thi"s point. "4.The` ?_
rest of us, we're going to try to be a little bit more strict and not be
pulling items because we're supposed to do that what? -24 hours, I guess,;
before the' Commission meeting and then the item gets deferred automatically,
.. although we do take clarifications and other procedural points are raised oa
= these items. So, -you're' welcome' to pull any of these items that you need to,
. individually consider.
Dr. Alonso: Yes, item 28, I sent a memo and I think has been... {,
�t
Mr. Odios It's been withdrawn. t
Dr. Alonso: ...withdrawn. OX... k ;{
= item 28, let me announce that clearly. Item 28 hair beset
withdraw and presumably will -be back 'at t y p he next Canaission Meetia'�
pr. At*nsot _, Yes, I'd: like to clarify that the reason I did tbet,
because I felt that the neighborhood which was going to be a#fe404
fi ita�,t#adtot been notified of the reference tQ tbis - s gurcbas4 .off". tp
I felt it was necessary to receive proper notification. Also.' 4
#yar $1 arse: I'm flail you did, by the way, �toa�tfe I" 0# ���
s *-so' ,item '-of Of+srd010 houni pu abic we jima r:.°° ial
}: Y (%bid• £• •W� 41
�---
on the agenda.
I really would encourage_
and would
request, more than
encourage, that
they brief us on something
like this,
Mr. tanager. I had
never heard of
- I got calls on 5600 E. Dixie
Highway, I
couldn't even figure
out where that
was. I presume that's way
up there in the northeast some
place.
Dr. Alonso: Also, for the record, I'd like another clarification about this
item. Probably the project will be a very effective project for the area, but
we know so little and it has been mentioned that the discussion has been going
on for two years. It amazes me to see something in the consent agenda where
the neighbors of that particular area were not notified in advance to have
proper discussion with the authorities as to make the proper decision what is
convenient for the area. Also, item 43, I would like to pull it for
discussion or have it deferred.
Mayor Suarez: OK, we individually we'll handle item 23 in case it - we can
get...
Mr. Dawkins: Twenty-three or forty-three?
Dr. Alonso: Forty-three.
Mayor Suarez: Oh, I'm sorry. Very good, thank you. Item CA-43, pulled at
the request of Commissioner Alonso.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD,
Mayor Suarez: No, we're going to get into why it's going to be handled
separately and we'll see what we do on that, counsel.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, I'm not sure that that's relevant to the item, but we'll
see.
=
Dr. Alonso: Forty-three.
Mayor. Suarez: OK...
Mr. Plummer: You're wanting that to be pulled?
Mayor Suarez: ...we will pull it in any event.
If you had requested it
because at this point, we pull any items that any member of the general public
wishes to be handled separately and before we vote
on the consent agenda and
the consent agenda is comprised of items CA through
CA-43; actually CA-43 has«4
-
been pulled anyhow at the request of Commissioner Alonso. So it will be CA-1
-
through CA-42. If anyone wishes to be heard
on any of these .•items
Individually, please step forward. Let the record
reflect that we only have
that request as to the very same item that Commissioner Alonso wants to handle
separately,
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: Yes, Mr. Vice Mayor,
Mr. De Yurre: On number 15, I -just need a clarification as to..,
Mayor Suarez: Forayer Mr, Vice Mayor, I'm sorry.
,
Mr. De Yurre: That's right,
Mr. Plummer: Former what?�
'
-;.
Mayor Suarez: As to which one, I'm sorry?
` a
Mr. De Yurre t An to why...
_
Mr. Piummars Former what?
- row 700A.Ur.Alonso: 0404 to�Fr
;
Mr. ,A'iuii F94':what
�.s
lk
y
WE 4-1-
t
wf`1°
Mr. De Turret Number 15, as to the $536,000, seems like a pretty steep amount
of money. I'd like to know comparables as to prior years how much we've been
spending on undercover automobiles.
Mayor Suarez: OK, clarification on CA-13.
Dr. Alonso: Thirteen?
Mr. De Yurre: Or now just pull it so we can discuss it, whatever the
Commission desires.
Mayor Suarez: OK, unless there's a quick clarification on that, we'll pull
the item and handle it separately before we vote on the entire consent agenda.
Mr. Plummer: Yes, Mr. Mayor, I would like some discussion on 24.
Mayor Suarez: OK and the same with twenty-four.
Mr. Dawkins: And I wanted just clarification on 1, 10, 13, and 27. Just
clarification, I don't want to pull them.
Mr. Plummer: One, ten, thirteen, and twenty-seven?
Mayor Suarez: OK, we have 13 also requested by Commissioner De Yurre. Why
don't we try, Commissioner Dawkins, to find out if you can clarify it and one,
whatever you need on that?
Mr. Odio: We did 13 already.
Mr. De Yurre: Fifteen.
Mr. Odio: Thirteen was done already last meeting.
Dr. Alonso: Thirteen was done.
Ms. Hirai: Yea.
Mayor Suarez: OK, 13 has been withdrawn in any event. OK, item one,
Ci niasioner Dawkins, do you want a clarification? 0
Mr. Dawkins: Clarification on one, Mr. Manager. This is to prevent }
delinquency. Who's going to be in charge of organizing this? And it says,:: �f
_ "organized drug prevention classes invite guest speakers, conduct field trips
and recruit known gang members in an attempt to provide them with an
alternative to the crime." Who's going to do this and where will I... and
whoever is designated to do it, make sure you provide the rest of us with your.
plan or schedule of how you plan to do this. That's.all I need.:
Mr. Plummer: Also, I'd like to know how many policemen you're taking out of
doing law enforcement work and put into this prigram. r
Lt. Joseph Longueira: I don't believe we're expanding any more officers -into
a
Plummer: I didn't say expand, I said how many are you taking ott> of fish
enforci;ag the law to put into a program? ,,, _ . , . ., ,.� �•. s� �� �.. "; ��-
Lt.. 'Longuelra: I: believe' over the..
t . =ADDIBLE COWS NOT XNTERED INTO THE PUBLIC RBCOND.
Lt. Loaaguaira: OK;
MayorSusre>c: OK, are you otheso iaQcl lass to Prot on _than its;
put W right back to with = the:> rest c+t the tsuaua. �taa�s ° to �.
' larlticetion "Cojmissiano r Dawkins?
�=
-gL,
T+aaa. Y it it,'•'Vr. 4,44agsry toMaw.~ Will,las�r A "
,contracts coma up and certain Ooaa't and th44, as yow 1904
r bisa -***� a�nb�hc t tof the Was, �artows � Mo 4
R4wr'* bj*4- tbw !bidder t -i try tv� #its
�Y
4
kf:owing that the cost of everything goes up and yet you would lock a person
into a contract where they have no other alternative?
Mr. Plummer: Usually because they agreed to it.
Mr. Dawkins: Why do we continue to do that?
,F
Mr. Ron Williams: Mr. Dawkins, that's renewable on mutual consent. And,
obviously, the vendor or the provider of service at that particular time has
that option of not renewing at that price. Of course, we feel that it's in
the beat interest of the City if we can freeze prices and maintain the cost:
So we offer the vendor the option with mutual consent to ap...
Mr. Dawkins: But it doesn't say the vendor, it says... it doesn't say the
vendors' option, it says the City of Miami's option.
Mr. Plummer: But the vendor gives us that right.
—=
Mr. Williams: It's mutual. We most certainly can't force a vendor to stay,
Commissioner.
Mayor Suarez: OK, any other...
-_
Mr. Dawkins: This is the last one I'm going to vote on with these kinds of
terms in it, I keep telling you people that. OK? Now, if you all bring
-
anything else up here with what I feel is very unfair to the bidder, even
though you're trying to get the advantage for the City of Miami, I'm not going
to vote on it. No further questions, Mr. Mayor.
Mayor Suarez: All right, Commissioner. Then item 13 has already been
withdrawn and so we've got a clarification - or can it be done as a
--
clarification - on CA-24? -is that yours, Commissioner?
Mr. Dawkins: That's 24?
Mayor Suarez: Or is that yours, J. L.? Commissioner Plummer? Or do you want
to just pull it?
}
Mr. Plummer: No, I really - I am at a loss to understand why we have to pay
Jackson Hospital anything. It's a county responsibility. When is this
—
contract up?
Chief Huddleston: Commissioner, I believe that was 23 that you're speaking
of. That was the Public Health Trust that we discussed.
Mr. Plummer: Yes.
—
Chief Huddleston: Twenty-four was on the - recouping the transport.fse. -
Mr. Plummer: Oh, I'm sorry. Mr. Mayor, I meant 23.
—
Mayor Suarez: OK, CA-23.
Mr. Plummer: I just find it, you know, hard to understand where the County is
jX
to provide, _we've got to pay. x
Chief Ed Jeremko: Bd Jeremko, Chief of the Rescue Division. This is a state:, ,5h
-`'
requirnt that we have a, medical director. Jackaan really.:has bothing,�#.odp'.
y2Yr�F.
-^
-
with;u�s. They're not required to provide this service, V*�.deal:.with Jackson
Y ��
f
-_
because they provide a 24-hour a day service. lone...
Mr.. Plummer:., It's not the point, Ed. The point is that the . C,*=t
fir.
responsibility to provide that service to the community.
- Mayor8uares: Couldn't. we argue that ovate though At �►
. god,. of course: we're pleased to have it .: and .the Ipirtoe is .,ai6ht; t b u1*
not really an excessive 0210"t, that somehow the I County �
�sc pocsibtl ty &Uyb" to -the citizens of Miami, *Ad N t thlt ire >t t
"d__that they:,: mid, toot the ..bitL. for that
Wee � ;-=.qr. *ayor« the County ado y�►yss *0 eV44 ..
i : un or os�►t d #Vsa, has to pay a too` for this sarvt o► r
Ff t
Mr. Plummer: But it's their responsibility.
Sure, they pay.
Chief Jeremko: I don't know where that's written, Commissioner, that it's
their responsibility.
Mr. Plummer: I'll ask this be deferred until at least the next meeting. I'd
like to see the contract. I just don't understand.
Mayor Suareas See, we're in a mode of trying to argue that the County has
certain overlapping responsibilities for which they collect taxes from our
citizens and...
Mr. Plummer: Thirty percent.
Mayor Suarez: ...and it's not clear - yeah, 30 percent of the tax bill - it's
not clear why we have to then make a transfer payment to the County for
something that perhaps is an obligation they have to our citizens anyhow.
Although it's a...
Mr. Fernandez: Mr. Mayor, I believe what we're talking about here is that in
order for the City of Miami Fire Department to have a paramedic corps...
Mayor Suarez: We need to have a medical director.
Mr. Fernandez: ...we need to have a medical director and the most effective
and functional way, from what I understand from that department of having
that, is that to have it at Jackson which is the main center. Whenever we
want to get on line with someone to get advice on how to treat someone on
site, we immediately plug in or patch through to that doctor, that physician,
at Jackson. It's mandated by State statute so if we don't have a medical
director...
Mayor Suarez: This is, by the way, Commissioner Alonso, this is a magnificent
system by which we, at any time, can call over there and get automatic and
instant replies and medical instruction for our rescue teams, which is great.
The question is, why do we have to pay for it.
Mr. Plummer: Why do we have to pay for it? It is their responsibility.
Mayor Suarez: And why can't the County absorb that as part of their
obligation under their charter which covers our citizens and for which they
collect roughly the sacs amount of takes that we collect.
Mr. Fernandez: Perhaps as a subject that we could look into, but my immediate
recollection is that their obligation is to...
Mayor Suarez: Is to look into it, Mr. City Attorney, at the request of all of
— us. -
Mr. Fernandez: As to indigents, the County's primary obligation is as to yt
Indigents is this area. Now, whether everyone that gets the paramedics
services are...
_ rest of the citizens that are not iadigents9 We
Mayor Suarez: Why not the bid
have`a responsibility as to them. Doesn't the County also?
Mr Fernandez: I don't believe that that has been established._ Wwu that
transfer of powers and transfer of everything was made to the county.k�
Mayor Suarez: They certainly seem to think in zoning cases and other 4
— y n8 x =-�
when they're always taking away our powers that they have equivalent authosit_. `f
and obligation.
l;r.: Plvmner: Its a one way street and somewhere aloft .thee iioa►4
_ stop. l �d like to dofo r � this until the neat eta and ibrh ��' Il me.
A Noyoar I chink we 1, re about to 2w*ar ray, ens,
lYlRWentea'a >fr'!.t 414000w, 1wTv
r-X ./. tof m gut • to
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Mr. Plummer: t was told it was in January.
Chief Jeremko: No, sir, it's October 1. October 1 and number two, it's a
violation of the state statute because we are required to have a medical
director in order to maintain our ALS license. Mr. Commissioner, we have been
paying them for the last ten years from ever since the inception...
Mr. Plummer: Ed, that doesn't make it right.
Chief Jeremko: We could explore that.
Dr. Alonso: Maybe we can instruct the City Manager to look into this matter
and see why we are paying to the County for something that perhaps the City of
Miami is not obliged to do and ten years happen, but maybe we can change it
now. And if it's that we have to go to Tallahassee to change whatever law is
in effect, we'll be ready and willing to do so because I think the County has
really charged the citizens of Miami for a long time for services that they
are supposed to provide to the City of Miami. So maybe it's a good
opportunity.
Mayor Suarez: Can we suggest, Commissioner Alonso, that we carry this until
January 1 and get a report back from the Manager on January 1? Commissioner
Plummer, does that sound agreeable?
Mr. Plummer: That's fine.
Mayor Suarez: All right. Why don't we handle this item separately then? We
don't have a motion on the consent agenda yet, do we? I'll entertain a motion
on CA-23, I guess it is, right? -modified to only approve the ongoing
agreement until January 1, at which time we will reconsider the whole item.
Mr. Fernandez: Well, Mr. Mayor, I need some directions from you. I perhaps
should not be speaking without really carefully having considered the option,
but as of today, by your action, we do not have Fire Department that's
qualified by State law to render the kind of paramedic services that they
otherwise are licensed, so...
Mayor Suarez: No, I think it's up to you, legally, to fashion the contract so
that we can get to January 1 in accordance with State law because our intent
is to extend it till January 1.
Chief Jeremko: One more thing. Dealing with two governmental entities and
having to go through their board, this takes like six months to do and it
would be my recommendation to at least approve it for one year and have time
to do this. There's no way that you're going to have a contract with the
public trust dealing with that bureaucracy by January 1 and we are subject to
fines up to $1,000 a day from HRS if we do not comply.
Mr. Plummer: Well, wait a minute, let's turn it around. Let's tell them to
go to hell, OK? Then, who's going to provide the service? We I re • going., to
stop right today because we're not going to be fined. Who's responsibility is.
it?
Chief Jeremko: What I think would happen in that case...
J
Mr. Plummer: No, no, answer my question.
Chief Jeremko: ...it would fall back to the county.
; zY
Mr. Plummer: You bet your bippy•NA
...;
Chief Jeremko: And they would also have the taxing...
h
dr, Plummer: And, it's that same medical director -,and tbo reasou. I'm: briuSing
thin contract up for the rest of edification of this Commission, it is that, Y
hodivid,u�al who has decided that we are caring, free of charge, tho Cou�►ty'�►
obliSatioa of 13,000 transport a year. That medical director ma�kels
de9ision. That deciaioA, In any,: estimati,oa, :.is wroug beoause
aot..pay• this -Ci.ty.. When you take, *Ad 'WAl.tiply-its by, i$�Dtill,
ili,.the uei boor od o $1,000,000 a ear...a�a�w, ,ll*.z�r+u
to igivo.: W+e are not: gattWg our. dollar .#tack. <{ k
.i,.L„az. f i
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f u
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16 A .
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Mayor Suarez: Chief, we'll be happy to - at least I'm happy to offer myself
and I'm sure the rest of the Commission is also - to meet with public health
chairman, Castle Jordan, or any of the other members or Ira Clark, whoever.
We can reach an agreement, I think. I think the City Attorney's kind of an
expert at outgoing agreements such as leases and so on with essentially the
same terms as we've been doing as regards its own lease and I think it
reflects the Commission desire, policy desires, to review all of this on
January 1. If the Commission wanted to do it an extra couple of months,
that'll be fine with me, but we really...
Mr. Plummer: If it can be worked out by January 1 is fine.
Mayor Suarez: Yes, we ought to try for January 1. I don't...
Chief Dukes Colonel Duke, Fire Chief, Mr. Mayor, my concern with this issue
is that we may find ourselves where we cannot deliver the service of the
rescue to the citizens of Miami if we can't complete this contract in a timely
fashion. And I would like to ask the legal counsel if that's the Jeopardy
that we're facing here.
Mr. Plummer: Question to you first. Other cities do not use Jackson. They
have their own medical director, correct?
Chief Duke: That's correct.
Mr. Plummer: OK. Why aren't we doing the same? If we've got to pay, we can
find our own medical director for a thousand dollar a month retainer, which we
used to do, by the way.
Mayor Suarez: Twenty-four hour a day?
Mr. Plummer: Medical director, yes.
Mayor Suarez: How many calls do we put into the medical director?-everytime
there's a rescue....
Chief Jeremko: Bverytime that we put in, at least on all the ALS calls 13,000
a year. We can do that...
Mayor Suarez: Wait, don't use terminology, ALS, please give us...
Chief Jeremko: Advance life support calls where we seek and serve medical
direction.
Mayor Suarez: Glad I asked.
Chief Jeremko: We can do that but we would still need to pay someone and
`'
dealing with 12,000 - we used to get it for free.
Mr. Plummer: But you don't call the medical director on every transport case:.
Chief Jeremko: No, sir.
Mr. Plummer: OK? Forty percent of your runs are needless. Correct? Forty'
lo
percent of the time that you respond, it is not necessary and you cancel out
and go home without doing a thing.
Chief Jeremkos We don't like to use the term, needless, Commissioner, but no
medical service required...
Mr. Plummers Well, what do you want to call it? -stupidity? I Calie►d .it
needless.`
Chief Jeremko: No medical service required, but basically, you're right.
Mr. Plwar+eers No service required,
!Mayor Suarez: You know, one Interesting thought is the VCMA, thot the
County Medical Assnciation director came by rocantly -im ooa ►atto�i rlth a Y
Idoo that we'd bad in the past from free clinics &Ad offerod, of stio oosit
bovo a 'lot of their awbors giving medical pri=ry ioel Dare ti+ r
ottisona4 and . so one. Perhaps the IMM would be willing , ** , � ',pFo
boslat provide themorvice for a year. -
17..
h
s.'
Chief Jeremko: Coral Gables also, they hire a medical director. They pay
about $48,000 a year, considerably less runs than we do. The cost of
-
everything has gone up including medical direction. We are not bo+.ind to go to
Jackson, we go there because we think we get the best service. We...
Mayor Suarez: But, you wouldn't mind if the Dade County Medical Association
gave it to us for free?
Chief Jeremko: Absolutely not.
Mr. Plummer: And let's also remember that a commitment of this City
Commission to the trauma center at Jackson for the next five years is $300,000
a year. Now, you want to deduct that money from the three hundred thousand?
i
-'
Mayor Suarers And, that we lobby...
a;
Chief Duke: That's no problem for us. ti
_-
Mr. Plummer: You know, I'm saying...
Mr. Odio: Yes, yes, yes...
Chief Duke: That's a good idea.
i
Mr. Odio: I love it.
Mr. Plummer: Hey, you know, somewhere along the line, these things have got
=
to come .to where the City is going to pick up only what it is absolutely
favorably to do.
Mr'. Odio: No, no, I'll take it. No, wait, I'll take it. We'll do it.
Mr. -Plummer: I didn't ask you.
Mr. Odio: Ahhh.
Chief Duke: The Fire Department is in total agreement with that.
-
§
—
Dr. Alonso: I think that this might be a fineopportunityto see all the
items by which we pay the Jackson Hospital and examine it very carefully
-
because they are charging.the citizens not providing the best service always, 5;
and it's something to be examined in a very careful way and I think that since -
so many_ -f igures have been thrown here today, Ithink-- it's : about time. ;ws
started. The trust, fund, it's paying extremely high salaries. to; the ,
tX
-
administrators of the Jackson Hospital. It's about; time. they ;°know that �R
—
efficiency,:in government,:it's very important to the citizens _of Miami and -•we
should really take this; step to look into. -that. -
Mr. Plummer:' Let..me just tell you, Commissioner,
Mr. Dawkins Mr..Mayor, Mr. Mayor... 4
Mayor. Suarers : Wait, Commissioner, Commissioner -Dawkins has been mi_
Mr.. Piumm rs This City. . I'm sorry.... y � t y
k
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Mayor Buares.: ...itching -here to -put, in his
r
_ _
Wry Dawkins Is _it •-asy way that we could extendithis; contract for + G
.
with an;;oAtion ,<for another .90-4ays , Which at 'thee end, of =the ? 40+tdag�s���
not: roa shed a►n that _ we: will be . termLaastingY it at the' a on�ei�9t��
_
.�tgreeme4t,
or :sosuethittg? I.'m asking. the = rest of the Cowlesioaf> r 1 .
=�
baycsr guarem s Yes; we,, can , go to...
Well, .isn't . t►at ..sw is al ly , ttbsst �atuar. `' _
1: Sz�gd 4 86 Y
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t '.�$W iuss, Ses~a"sr tiley, now to aay* 1 $a", tho ow*s*t�`c ►orl.�4 -
p�
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.y Y.. .:x � >. -. i } a Y t% t ry,= t f-f ;. k•'. � ,7. „I�kp�iaY 'y j��` � k :-vT �
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Mr. Dawkinat ...sewn to be telling us that A days...
Mr. Plummert Make it ninety.
Mr. Dawkins: ...did not give them enough time, which we feel too, but I don't
know.
Mayor Suareat We can go to 90 days, if that's your suggestion.
Dr. Alonso: Yes...
Mayor Suarez: Commissioner Plummer and Alonso, does that sound...?
Dr. Alonsot Yes, I think that's a fine suggestion and I think that our first
commitment is the safety of the citizens so we have to look ahead for that.
And no, as a wise point, I think it's a good suggestion. We should set up a
time, a reasonable time and 90 days seems reasonable and it will give us time
to examine some of these items as well.
Mayor Suarez: Do you want to make it March 1st then in the motion? Does the
movant accept that?
Mr. Plummer: That's fine.
Dr. Alonso: That's fine with me.
Mr. Dawkins: No, that's J.L.'s motion, that's J.L.'s motion.
Mayor Suarez: Yes, that's why I'm asking that.
Mr. Plummer: Just for your edification, Commissioner, the City of Miami today
In presently picking up over a million dollars in transporting fees which is
actually the County's responsibility and they refuse to reimburse us. The
reason that I'm concerned about the medical director, in other counties in
this State, there is no requirement that says that they have to transport. It
is the discretion of the local medical director and all I'm saying is, either
the County picks up that responsibility. If they're going to mandate it,,we
do not have that responsibility. If we call a Randle -Eastern a private
_
company, to transport, the County pays for it. But yet, if we transport, thee=
County will not reimburse us and I think that is absolutely wrong,'?
--
Mr. Dawkins: We all agree with you, J.L., I think. r
_
Mr. Plummer: And I just want, on the record, Mr. Mayor, these so called
.
{
negotiations on the fire service on the port is not going well and they've got.
—
till -January, the 26th, at the direction of this Commission,-sither-.-they!re
—
going -to up that fee to a halfa milliondollars or tell them to build their.,
fire station. And right now, they think we're joking. OK?
Mayor Suarez; And, Chief, one other item that has been pending, as long as°s
you're: here ` on this issue of f ire rescue, and It a=veiry- rolated to what ,wre've :'
been talking about. I happened to witness the incident where at Bascom-Palmerx�
someone 'felt nick who was. not ' a#
patient there, -:'but- it: is a :haspital,':F
presumably has all the emergency medical type equipment and personnel that you„
{3 :;
would' expect to ' have. It Ls —right 'across from -,Jackson, from its emorgenay;'
> -
room. Somehow, we were called that day to y
, y go from our station all the ws to x
Bascom -Paper, transport - that : patient• � ��not across .tho'streot with a strietcher ;
to the emergency room at Jackson, but to another hospital in a. differe�at.:;rt
location. !Why we are � somehow, in a position of responsibility via-a-V s, a ° ,
r
patient that is found or an individual that is found in'sue hoopitgl negC to
- .
_f
the -Jackson facility ' in the emergency room- ao,, transport,, to 4
location, I think the patient finally died, by the way. I don't think; lit
k
the smartest operation to carry out. But why the rs;sponeibilltyould
aai us, 'I+don 't understand. I don't understand why a hospital would expsot ue
to transport - and thou they dictate, the hospital that wo hava:to taB
k
Q�
Vat teat 'to,".' We could just, without 'outr 'units '' oontld "'wr+o`{#ad <I4 #at�phtdt�
you' aaow►, just simply transported across the strest, the reps
fi
street theta, they could have blocked off the ;treat"1 tarnEms_'
Ua?osir: y'to the at Jackson wvhtah is the pobU4�PIli►i��� i *
_
ar ay;rd w►'a�l.�`ro oudorrgoyias not only tha vast of #11 o thi}� .�+� poiM
t
p6rotto '��4 r a .1. :#� +..
; t t Me Agbody also vs4tod to Ali � �a
� t e
z . t5y+ iz n of t
apq S
Miami's fire rescue, which, by the way, has given me an opportunity to grog in
appreciation for the work you do because it seems like none of the medical
doctors want to take responsibility and, apparently, this is a constant theme
throughout our operations. We take responsibility and even though we have
paramedics and the medical doctors don't want to do it. So, i would like you
to please brief me on that and get an answer as to why that happens that way
and in the process, hopefully, the Manager would also check into the attitude
of some of the people over at Bascom -Palmer. They were not the easiest people
in the world to work with and it bugs the hell out of me actually.
Mr, Plummer: Just for the record, what does rescue amount to in the budget
every year?
Chief Jeremko: ...seven...
Mr. Plummer: Seven million dollars.
Chief Jeremko: It's about seven million, yes.
Mr. Plummer: And out of the patients that you treat, you're some 40,000 calls
a year...
Chief Jeremko: Yes...
Mr. Plummer: ...how many would you say are actually City residents? Lest:
than half. Am I wrong?
Chief Jeremko: No.
Chief Duke: Well, it's probably closer to 80 percent.
Mr. Plummer: No way.
Chief Duke: A lot of them don't have addresses but they're still residents of
®
the City.
Chief Jeremko: They're about 30-35% that we
findthat are unbillable, that
—
have no...
Mr. Plummer: Not talking about bills, I'm
talking about people that you
administer to.
—
Chief Jeremko: Well, if they're unbillable,
we don't know where they come
from.
Mr. Odio: But still, we have a floating... we
have 400,000 living in the City x
and we have a floating population of 400,000.
Mr. Plummer: That's correct.
Mayor Suarez: They may be transients or here
on - in the hotel.
Mr. Plummer: And that floating population live
outside of the City limits.
s
{
Mr. Odiot Yes, but they haven't... you can't
deny...
Chief Jeremko: But they're also charged for that
service.
Mt. - Odlo: And we charge for our services.
Ss.
{3}t
Mr. Plug: But that's what a regional government as Metro is supposed to
do. _
'
Chief:Duke: Commissioner—.
,L?
Mayor Suarez; I guess what he's saying is, a
lot of them are visitors too
tourist*.
6T�
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Mr. Plumors Oh, of Bourse,
i3q
Chief Att:--Mr, i[+syQr, Cisafoasr POmanar tbe, . :: } ,
P�
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to
Mayor Suarez: OK, we have a motion and a second. Any discussion? If not,
please call the roll nn that item as restated that we would...
Mr. Jorge Fernandez: Ninety days and then ninety days.
Mayor Suarez: Yes, that we would have until March lot - you would have until
March let to fashion a contract and agreement presumably under the same terms
and then we would review it for a new agreement or no agreement.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-1013
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXTEND THE EXISTING AGREEMENT, WITH THE
PUBLIC HEALTH TRUST OF DADE COUNTY, FLORIDA, WHICH
OPERATES JACKSON MEMORIAL HOSPITAL, FOR THE
COORDINATION OF EMERGENCY MEDICAL SERVICES PROVIDED BY
THE RESCUE DIVISION OF THE CITY OF MIAMI FIRE, RESCUE
AND INSPECTION SERVICES DEPARTMENT, SAID EXTENSION TO
BE FOR AN ADDITIONAL PERIOD OF NINETY (90) DAYS UP TO
MARCH 1, 1990.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
6
Mr. Dawkins: Twenty-four.
Mr. Plummer: And, by the way, Chief, I want you to go back and tell the 2.
County this Commission is not joking about the port.
Mr. Dawkins:
Or this.
Mr. Plummer:
Now they'd better start, you
know, either they better start
shaping up or better start building.
Mr. Dawkins:
We're not playing with this one
either, J. L.
Mr. Plummer:
I agree.
Mr. Dawkins:
Twenty-four.
ME
Chief Duke:
Thank you.
ti
Mayor.Suarez:
Item 14,
Mr. -Dawkins:
Mr. Manager, when this was discussed
with sae,; 1, asked tb�t� a► �
clause be inserted
which said that those indigent people who could not poy �=
�h4
would not be
harassed by a collection agency
and if they were, to call their
Commissioners.
I don't see that,
°.,
Mr. Odio: The company has agreed to it and it is in the coA.., f
5�
Mr. Dawkins:
I don't nee it in here. The
company agreed and the cowso
doosp't."., l
doo't *,soitin hose,
y
-'°
Mr. Odic: Well
bring it back to you, but it
hap *$rood t�
1 �
3
C�ki+t1
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-
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Mr. Dawkins: And be sure that you say, no more than fifty thousand. It say
fora period of one year at an estimated cost of $52,000, estimated. I want
_
it to say, no more than $52,000.
Chief Jeremko: The contract is based on incentive. If we pay more, the City
nets more and that's the reason that it was set up that way. So putting a cap
on the vendor, in a sense, puts a cap on the City.
'
Mr. Dawkins: Now, that may make sense to you, but it - I mean, but you have
to explain it better than that to me.
i
Chief Jeremko: OK, it's a combination of a dollar fifty per account plus
eight percent of the collection. If you put a cap on it, we are hoping to pay
more so that it would net the City more. The more that we...
Mr. Dawkins: Well, why isn't it that he can't take the contract and for
$52,000 and if he collect more, I'd net more?
Chief Jeremko: I didn't hear that, air.
Mr. Dawkins: Beg your pardon? Well, why is it, if he wants 'to work, why if
they want to work, and they think it will cost $52,000 to do this, why can't I
cap it at $52,000 and if they collect more than $52,000, I can raise their fee
next year?
-
Chief Jeremko: I have the gentleman here from that firm. Henry...
Mr. Dawkins: Well, I don't need to talk with him, you guys are the one who
signed the contract. I don't need nothing to do with him. No, I don't have
to talk to him at all.
Mr. Plummer: You see, if the County lived up to their obligation, we wouldn't
even have to have this company.
Chief Huddleston: Commissioner, Chief Huddleston. That is not part of the z
contract negotiated and we would have to go back and discuss that with this',
vendor. That's not 'part of the package that he put forth for us to consider
so we don't know the answer as to whether or not he would be willing to... n
.. and this contract is for one year?
Chief Huddleston: Yes, sir. And renewable for another two years if g
everything goes well.
E
Mr. Plummer: And now much do they CO
{
a
Chief Huddlestons It's based on the dollar fifty plus eight percent, which>
is.
Mr. Plummer: No, hoe much money do they actually collect - did we collect-'-
from rescue runs?
P$
UNIDBNTIFM SPRAURs Last' year?
,
Mr. Plummer: Yes, approximately:
Chief Jeremkoo Last year was approximately 20 thousand a month or $2#0,0ti4
per year.
i1r;'' i'� u�omsr r And 'hoe slzuch ' is this `company getti nt paid `for an wmusl bit AST ,
projected?1
. Chief Joremko: When you say, this, is this a Dumont or the prdpaasd7
��
!!'_ Pium r� The company that's goias to dQ the oalioot �►, hR�t---------------
D �
.. :. _ x m .,4 � xA
r p
•aoile�otT that �s r��o�ta�
} { Mr.
Deakins: 'How long
Chief Jeremkot it's projected that - well, you can't go by last year's
figures because we've had a change in the fees and whereas we mere charging a
flat $15 fee, we...
Chief Duke: A half a million dollars.
i UNIDENTIFIED SPEAK$Rt No.
Mr. Plummer: How much will the company get compensated for doing this
service?
Mr. Odio: It should be about $500,000 a year.
Chief Jeremko: OK, it's fif...
Mr. Plummer: They're going to get paid that much?
Mr. Odio: No, that we would collect for us.
—' Chief Jeremko: $52,000.
Mr. Plummert So they're getting ten percent.
_ Mr. Odio: Approximately.
Chief Jeremko: It's approximately $52,000 based on the amount that they
collect.
Mr. Plummer: Who collects the waste fees?
Chief Jeremko: Who collects who?
_
Mr. Plummer: Waste fees? You do it in-house. OK. Who collects occupational
licenses?
Mr. Odio: The City.
=.
A
Mr. Plummer: Why are we going to the outside and paying
a private company to
do what is actually the.County's responsibility?
-_
Mayor Suarez: I think, if I -may, suggest an answer to that is, a lot of these
are from third party insurers and...
Mr.-Odio: They have to deal with insurance companies and we don't have the n
staff or the expertise to do...
—_
Mayor Suarez: The other fees you mentioned are direct
a
payments :-by.-ci�tizefts 7
which, if they don't pay, we levy an their proportion and
impose•a`lien:,:
�.:
Mr. Plummer: And how much - let.me ask you this, -hoe much
}{
im n: run?.;,::Hai► t 4,
do:they charge for a run?
Chief Jeremko: _ It depends on what service --is provided,
'Plummer:
mS �`
Mr.Average.
-
$
Chief Jeremko: -.A hundred and fifty dollars.
; , �� j h,
Mr. Plummer: And it costa us $175.
fi
Chief Jeremko: Closer to $195. Mf =
Mr. Plummer: All
of you, i'ta going to tell you, as I've told you for r� -
years lf:.you were
jn'.-ths, private sector; you'd. go broke, f} � -:
-
t
Nr� tado: l: lio, fir,
�rii� �' r •� ri.� s�' � r ::.. the- +. O e-v-VO
-
Al 1 l�N•#•�F. 1 .
.�
Qd#a� 11 kho
Pro; ie ► d ro i #1g g�1 d�
y t
Gs+
-
v,.A.'�2�rs'$.
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•
Mr. Plummer: I understand, we're providing a service that the County is
responsible for. And you all sit there and allow them to brow beat us and
allow them to steal our money. I don't understand it.
Chief Jeremko: Commissioner....
Mr. Plummer: I don't understand it.
Chief Jeremko: If the County provides it, they would...
Mr. Plummer: It is not business like to do it that way.
Chief Jeremko: We can opt out of this fire rescue district but then it would
be the County that comes in and tacks up the four mills for this service like
they're doing...
Mr. Plummer: They're doing it now.
Chief Jeremko: No, pair.
Mr. Plummer: If you didn't transport the first patient, the County has to do
it, every one of them, correct? It's their responsibility.
Chief Jeremko: The County transports, basically, the contract provides for a
basic life support...
Mr. Odio: I'll tell you what I'm going to do, Commissioner. In the next
commission meeting, in the first meeting in January, I'm going to bring you a
report what would happen if we stopped rescue services.
Mr. Plummer: I'm not saying that.
Mr. Odio: That's what you want to do.
Mr. Plummer: No, no, no, no, don't misconstrue what I'm saying, Mr. Manager.
Mr. Odio: I thought you said...
Mr. Plummer: I'm saying, is if that we went out of the business today....
_
Mr. Odio: That's what I want to report to you, what would happen.
—
i
Mr. Plummer: You have the County's responsibility to do it. They're screwing: x
—
us for a million dollars.a year.
Kea
_
Mr. Odio: That's exactly what I'm going to do, I'm going
g g to bring a report to
you in January that we're going to stop services and,let the County,assume the
responsibility. Let's see what would happen. Isn't that what you're saying?'
Mr.:: Pluam►ers No, no, no, not assume, it is their, responsibility today that
t
they're not living up to. y
y
Mr. Odios Fine. I will bring report back in January -.of that: exactly,,. ►9*4
�T
,a
happen if we did that.
Mayor Suarez:; Commissioner .Daawkins had been : inquiring about any possible , '.
y
of capping the $52,000. Is there any way in the formula tbot,we can say that `
they...,. ,.
;..
Mr. Dawkins: They said, no, that we have to go with for one year, Mr. Mayer,
,f
Mayor Suarez: All right, are you satisfied then?
Mr, Dawkins: Us, I'® not satin died,, but... . :.�
Mayor Suarez: But..,
OR
Mr. Dawkins: ...but they #cave negotiated it sa, you know.„e.
Mgt. totsily at-;, lint t" 3
yD rue ens sstigUodas,butx ost ��
Or _ z
fi
i
i
Mr. Dawkinss Yes, um hugs, no problem.
Mayor Suarez: I'll entertain a motion than on CA-24. Or was it just a
clarification?
Mr. Dawkinss Just a clarification.
Mayor Suarez: All right, then it's back on with the consent and the rest of
consent items. Anything further on any other items to clarify?
Mr. Dawkins: Twenty-seven, twenty-seven.
Mayor Suarez: Item twenty-seven, Commissioner Dawkins wanted a clarification,
CA-27, that is.
Mr. Dawkins: On 27, didn't we, at one time, have this money? Where is the
finance manager, somebody?
Mayor Suarez: This was the interest from the...
Mr. Odio: This is the interest earned from the monies we receive...
Mayor Suarez: And, at one point, we reserved the right to do anything with
that interest that we wanted.
Mr. Odio: You ordered us to return the money to them so that they could do
this.
Mr. Dawkins: Where did it go when you got it as interest? Where did you put
it?
Mr. Odio: It was placed in an interest account of the Housing Agency.
Mr. Dawkins: Beg pardon? It was not, Mr. Mayor. It was placed in the
- general fund.
Mr. Odio: I'm sorry, in the general fund, I'm sorry, general fund.
Mr. Dawkins: It was placed in the general fund. "
Mayor Suarez: Why did that happen? I have the same exact concern as h
= Commissioner Dawkins. Why did we, when we specifically said we don't want to
earmark this for any particular project. I thought the implication was that,
the money would be held in some escrow account or otherwise available for .
whatever expenditure we wanted, Mr. Manager.
Mr. Odio: There was no action taken, the money automatically goes to the
general fund. 4
Mayor Suarez: Will, God, that's the first time I hear that.
Mr. Dawkins-. And now, instead of taking it back out of the general fund where
y��//��
you put it in the general fund, you're going to now take it from the housing;.
:y
kr. Mr4, Odio: I'll -take it from wherever you want.
You take it from wheze
Mr. Dawkins: No, no, no, I'm not the Manager. you want to take it from. ^'
'}
777
x
Mr. Odios Yes, sir, but if you want, to s;bange the a000unt, Vt si:'s' firma' k
�C, all right tbea, 1 just, no+'d to know. ghat wo'
Mr, Dawkins: Qr4 doll"
z when we say we're going to do something, why we don't do
4
QR#io: We ,era t4tn5 tb-from tutor -opts +a4�e44#;
M�syor, $µarose �0u UAQVi- Mrs t#�gl�r# K ► +!�!t'3,�► '' `
top Onsacs datqd e t "'
Aw
$ - ilgrtlGUi.a.",,�ip# a #o-
Y
clear that we didn't want the interest to be included with those allocations
to those two entities, Bast Little Havana and Tacolcy.
Mr, Odio: That's exactly why we didn't.
Mayor Suarets Well, let me finish. I thought, that meant to me and I was not
one of those that felt that way, but to me it meant that that fund would be
available for expending at whatever time the Commission wanted, and it would
be in an escrow account somewhere. In fact, I thought there was an escrow
account set up and that we could just simply pull it right back out of that
fund. Instead, that money was spent in some other fiscal year and now we're
having to take it out of the current fiscal year. That is not what we thought
we were accomplishing. So, hopefully...
Mr. Odio: Yes, sir.
Mayor Suarez: ...if, in the future, we get into that discussion, you will
hold the funds and put it in an escrow account so we know that they're there. r
Everybody here thought that they were there.
Mr. Odio: Fine.
Mayor Suarez: OK, thank you.
Mr. Dawkins: No further discussion on 27.
Mayor Suarez: All right, all the other consent agenda items can be taken
together with the exception of those that were pulled, including CA-43...
Mr. De Yurre: And CA-15.
Mayor Suarez: And fifteen. OK, I'll entertain a motion as to all of those
Items, CA-1 through 43 with those two exceptions.
Mr. Dawkins: So move.
Mayor Suarez: So moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND
SECONDED BY COMMISSIONER PLUMMER, THE CONSENT AGENDA,
WITH ABOVE EXCEPTIONS, WAS PASSED BY THE FOLLOWING
VOTE
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
13.1 ALLOCATE FUND FROM LAW ENFORCEMENT TRUST FUND TO COVER EXPENSES INCURRED '
BY MIAMI POLICE COPS AND KIDSATHLETIC DRUG DIVERSIONARY PROGRAM
($110$000).
RESOLUTION NO. 89-1014`
A RESOLUTION AUTIiC!lRiZiNG "FUNAING N T'P.Xll=,x nt
$1100000, `FROM THE '- CITY" OF i xAi I Lllii E RCEI=,
TRUST YUXD, TO COVOR THE NECESSARY`. EV�SER t"CiqAD
ET *tAMI 'POLICE COBS 'AND FRS AC'�F
C -24
DIV Sj0W,Y PROGRAM� CONOTTION8A ' � ' TiIE '
flF " 'AN 401'R08RTATION3 OROINAN , ifP01+t #i1TC Cq;TS
-- -- ;;
0
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.2 ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND FOR DADS-MIAMI CRIMINAL
JUSTICE COUNCIL ($35,000).
RESOLUTION NO. 89-1015
A RESOLUTION AUTHORIZING THE FUNDING OF THE DADE—
MIAMI CRIMINAL JUSTICE COUNCIL, IN THE AMOUNT OF
$35,000, AND ALLOCATING FUNDS THEREFOR, FROM THE LAW
ENFORCEMENT TRUST FUND UPON SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
}
13.3 APPROVE ADDITIONAL PURCHASE: MICROCOMPUTER AND PERIPHERAL EQUIPMENT FROM
UNISYS CORPORATION (UNDER EXISTING STATE OF FLORIDA BID AWARD CONTRACT)
FOR DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES.
RESOLUTION NO. 89-1016
A RESOLUTION APPROVING THE PURCHASE OF ADDITIONAL ;r
MICROCOMPUTER AND PERIPHERAL EQUIPMENT FROM UNISYS "
CORPORATION, UNDER AN EXISTING STATE OF FLORIDA
MICRO -COMPUTER BID AWARD CONTRACT NO. 250-040-89 -1,
FOR THE ENHANCEMENT OF THE DEPARTMENT OF FIRE,
RESCUE AND INSPECTION SERVICES COMPUTER SYSTEM AT A
PROPOSED COST OF $131,278 OVER FIVE (5) YEARS, WITH
A PAYMENT OF $28,279 IN FY 1988-89, ALLOCATING FUNDS
FROM THE DEPARTMENT OF FIRE, RESCUE AND INSPECTION
SERVICES COMPUTER ENHANCEMENT CAPITAL IMPROVEMENT
PROJECT (313232), AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT
(Here follows body of resolution, omitted here and
z:
on file in the Office of the City Clerk.)
a
13.4 AUTHORIZE PURCHASE: 2 DICTAPHONE 5602 DUAL TRANSPORT RECORDERS, 2"
�
DICTAPHONB 9600 SIXTY CHANNEL REPRODUCERS, AND 110 ROLLS OF 1" RECORDING
T°
TAPE (UNDER EXISTING STATE OF FLORIDA CONTRACT) FROM DICTAPHONE
CORPORATION TO ENHANCE EFFICIENCY OR EXISTING EMERGENCY 911 SYSTEM FOR
DEPARTMENT OF GSA/COMMUNICATION DIVISION.
s
RESOLUTION'N0.-89-1017
k
2rh,;
A RESOLUTION AUTHORIZING THE PURCHASE OF TWO (2)
DICTAPHONE 5602-DUAL TRANSPORT, RECORDERS, .'INCLUDING
-,
f
ACCESSORIES AND ' INSTALLATION, .- IN THE 'AMOUNT> ° OF
$69,028.60; TWO (2) DICTAPHONS 9600 SIXTY CHANNEL
s
REPRODUCERS, INCLUDING ACCESSORIES AND INSTALLATION,
Y
IN :THE AMOUNT OF, $23,470.70..AND 110:.ROLLS:;OF , 0
s`
RECORDING TAPS IN THE AMOUNT OF $8,511.80, FOR A
TOTAL PROPOSED AMOUNT OF $101011.10, THIS XQDIPM=
BEING AVAILABLE UNDER EXISTING STATE OF FLORIDA
+�x`
CONTRACT NO 725-630-80-1 FROM THE DICTAPHOW
CORPORATION, AND BEING NEEDED TO ENHANCE THE
_
EFFICIENCY OF THE OPERATION OF THE EXISTING +CIM is
E-911 SYSTEM FOR THE DEPARTKENT OF GENERAL SERVICES
CQ iICATION DIVISIOKi A=ATING
ADMINISTRATION/ -
FUNDS THEREFOR FROM THE 1989-40 ACCOUNTS 003.
"-
420602-840 ($92,499.30) AND 420602-718 08,811,80'"
'
AUTITORIXING THS CITY MANAGER TO IUS AUCT THE cut
}
p OFFICER TO ISSN P'OBC-3 ! ,FOE
x!
t
F '
27
r k y
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
11.5 AUTHORIZE PURCHASE: POLICE PATROL SCHEDULING SYSTEM - ALLOCATE FUNDS
FROM LAW ENFORCEMENT TRUST FUND.
RESOLUTION NO. 89-1018
A RESOLUTION AUTHORIZING THE PURCHASE OF A POLICE
PATROL SCHEDULING SYSTEM, AT AN APPROXIMATE COST OF
$114j600; AND ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT, TRUST FUND, UPON SUCH COSTS HAVING BEEN
APPROVED BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.6 ACCEPT BID: UNISYS CORPORATION - FOR FURNISHING MAINTENANCE SERVICES FOR
COMPUTER EQUIPMENT FOR DEPARTMENT OF COMPUTERS.
RESOLUTION NO. 89-1019
A RESOLUTION ACCEPTING THE BID OF UNISYS CORPORATION
FOR THE FURNISHING OF COMPUTER EQUIPMENT MAINTENANCE
SERVICES FOR THE DEPARTMENT OF COMPUTERS ON A
CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FRO TWO (2) ADDITIONAL ONE (1) YEAR PERIODS
AT A TOTAL PROPOSED FIRST YEAR COST OF $226,306.00;
ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING
BUDGET ACCOUNT CODE NO. 460401-670; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS SERVICE
AND, THEREAFTER, TO EXTEND THIS CONTRACT FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.7
ACCEPT BID: FENCE CONNECTION, INC. - FOR FURNISHING AND INSTALLATION OF
FENCING AT MIAMI MARINE STADIUM FOR DEPARTMENT OF GSA - ALLOCATE
FUNDS.
RESOLUTION N0. 89-1020
-
A RESOLUTION ACCEPTING THE BID OF FENCE CONNECTION,
INC. FOR THE FURNISHING AND INSTALLATION OF FENCING
AT THE MIAMI MARINE STADIUM FOR THE. DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AT .A TOTAL PROPOSED
=
COST OF $6,600.00; ALLOCATING FUNDS THEREFOR FROM
THE 1988-89 OPERATING FUND ACCOUNT CODE' NO.,.420401-
670; AUTHORIZING THE CITY MANAGER TO INSTRUCT -THE
CHIEF PROCUREMENT OFFICER TO ISSUE A PURCHASE OEM
,
FOR THIS SERVICE.
`
(herefollows body of resolution, omitted bore and
t
on file in the Office of the City Clerk.)
a4
3Y
S
�,»r^ t
-
Y
t
.0
. v
13.8 ACCEPT BIDt DEBRA TURF AND EQUIPMENT - FOR FURNISHING ONE REEL MOWER BED
KNIFE GRINDER AND ONE 'SPIN TYPE REEL POWER GRINDER TO DEPARTMENT OF
GSA/FLEET MANAGEMENT DIVISION - ALLOCATE FUNDS.
RESOLUTION NO. 89-1021
i
A RESOLUTION ACCEPTING THE BID OF DEBRA TURF &
EQUIPMENT FOR FURNISHING ONE (1) REEL MOWER BED
KNIFE GRINDER AND ONE (1) SPIN TYPE REEL MOWER
GRINDER AT A TOTAL PROPOSED AMOUNT OF $12,124.00 TO
TIME DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/FLEET MANAGEMENT DIVISION; ALLOCATING
FUNDS THEREFOR FROM 1989-90 OPERATING BUDGET ACCOUNT
CODE 4420901--840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.9 ACCEPT BID: GENERAL HYDRAULICS DIVISION OF LOR, INC. - FOR FURNISHING 60
VALVES FOR DEPARTMENT OF GSA - ALLOCATE FUNDS.
RESOLUTION NO. 89-1022
A RESOLUTION ACCEPTING THE BID OF GENERAL HYDRAULICS
DIVISION OF LOR, INC. FOR THE FURNISHING OF SIXTY
(60) VALVES FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION AT A TOTAL PROPOSED COST OF
$16,380.00; ALLOCATING FUNDS THEREFOR FROM THE 1989-
90 OPERATING BUDGET ACCOUNT CODE NO. 420901-702;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR
THESE VALVES.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.10 ACCEPT BIDS: (A) BEST MAINTENANCE AND JANITORIAL, INC. AND (B) SOUTH
FLORIDA MAINTENANCE SERVICES, INC. - FOR FURNISHING EVENTS CLEANING
MAINTENANCE SERVICES FOR CITY STADIUMS AND FACILITIES, FOR DEPARTMENT OF
PARKS - ALLOCATE FUNDS.
RESOLUTION NO. 89-1023
A RESOLUTION ACCEPTING THE BIDS OF BEST MAINTENANCE
& JANITORIAL, INC. IN THE AMOUNT OF $23,600.00 AND
SOUTH FLORIDA MAINTENANCE SERVICES, INC. IN THE
AMOUNT OF $111,000.00 FOR THE FURNISHING OF EVENTS
CLEANING MAINTENANCE SERVICES AS NEEDED FOR CITY
STADIUMS AND FACILITIES ON A CONTRACT'BASIS FOR `ONE
(1) YEAR WITH THE OPTION TO EXTEND-FORTHREE ''(3)
ADDITIONAL ONE (1)' YEAR PERIODS FOR THE DEPARTMENT
OF PARKS, RECREATIONS & PUBLIC FACILITIES FOR A
TOTAL PROPOSED AMOUNT OF $134,600.00; ALLOCATING
FUNDS THEREFOR FROM THE ENTERPRISE'FUND'ACCOUNT CODE
-
NOS. 580402-340 ($111,000.00) ` 580401-340
($19,300.00) AND 580403-340 ($4,300.00)i AUTHORIZING
-
THE CITY MANAGER TO INSTRUCT THE CHIEF PROCUREMENT
OFFICER TO ISSUE PURCHASE ORDERS FOR THIS SERVICE
-
AND FURTHERMORE TO EXTEND THIS. CONTRACT FOR TM=
ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO THE
—`°
AVAILABILITY OF FUNDS.
_
(Here follows body of resolution, omitted here and
-x;
on file in the Office of the City Clerk,)
t
tip
ry
R�
13.11 RESCIND PREVIOUS AWARDS TO: (A) RECIO & ASSOCIATES FOR FURNISHING
GROUNDS MAINTENANCE SERVICES AT 6 CITY PARKS AND FACILITIES, AND (B)
SHARPE SOD & LANDSCAPING, INC. FOR 8 CITY PARKS - APPROVE AWARD OF
RESCINDED CONTRACTS TO SECOND LOWEST RESPONSIVE BIDDERS: (A) ARTHUR LAWN
SERVICES, (B) J.R. ALVAREZ LAND CLEARING, AND (C) J.W. MAINTENANCE -
RESOLUTION NO. 89-1024
A RESOLUTION RESCINDING THE PREVIOUS AWARD TO RECIO
AND ASSOCIATES FOR THE FURNISHING OF GROUNDS
MAINTENANCE SERVICES AT SIX (6) CITY PARKS AND
FACILITIES AND TO SHARPE SOD & LANDSCAPING, INC. FOR
EIGHT (8) CITY PARKS; AND AUTHORIZING AND APPROVING
THE AWARD OF SAID RESCINDED CONTRACTS TO THE SECOND
LOWEST RESPONSIBLE AND RESPONSIVE BIDDERS FOR EACH
OF THE ABOVE PARKS WHICH ORIGINALLY WERE PART OF THE
BID UNDER RESOLUTION NO. 89-502, ADOPTED JUNE 7,
1989 TO PROVIDE GROUNDS MAINTENANCE SERVICES AT
FIFTY (50) CITY PARKS AND FACILITIES ON A CONTRACT
BASIS FOR ONE (1) YEAR WITH THE OPTION TO EXTEND FOR
FIVE (5) ADDITIONAL ONE YEAR PERIODS FOR THE
DEPARTMENT OF PARKS, RECREATION AND PUBLIC
FACILITIES WITH REVISED AWARDS BEING MADE AS
FOLLOWS: ARTHUR LAWN SERVICE (HISPANIC) FOR A
PROPOSED AMOUNT OF $11,340.00, J. R. ALVAREZ LAND
CLEARING (HISPANIC) FOR A PROPOSED AMOUNT OF
$41,556.00 AND J.W. MAINTENANCE (BLACK) FOR A
PROPOSED AMOUNT OF $54,828.00 FOR A TOTAL PROPOSED
AMOUNT OF $107,724.00; WITH NECESSARY FUNDS BEING
ALLOCATED FROM THE 1989-90 OPERATING BUDGET ACCOUNT
CODE NO. 580302-340; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE AND THEREAFTER TO
EXTEND THESE CONTRACTS SUBJECT TO THE AVAILABILITY
OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.12 ACCEPT BID: GREATER MIAMI CATERERS, INC. - FOR FURNISHING MEALS AT 6 DAY
CARE CENTERS AND ONE PRESCHOOL CENTER FOR DEPARTMENT OF PARKS - ALLOCATE
GRANT FUNDS FROM U.S. DEPARTMENT OF AGRICULTURE THROUGH STATE OF FLORIDA
DEPARTMENT OF EDUCATION.
RESOLUTION NO. 89-1025
A RESOLUTION ACCEPTING THE BID OF GREATER MIAMI
CATERERS, INC. FOR THE FURNISHING OF MEALS AT SIX
_
(6) DAY CARE CENTERS AND ONE (1) PRE SCHOOL CENTER
TO THE DEPARTMENT OF PARKS, RECREATIONS AND PUBLIC
FACILITIES ON A CONTRACT BASIS FOR ONE (1) YEAR AT A
TOTAL ESTIMATED COST OF $105,794.061 ALLOCATING
FUNDS THEREFOR FROM THE UNITED STATES DEPARTMENT OF
4
AGRICULTURE GRANT THROUGH THE STATE OF FLORIDA
DEPARTMENT OF EDUCATION= AUTHORIZING THE CITY
!MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE, SUBJECT TO
THE AVAILABILITY OF FUNDS. _
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
v
g
r.4,{'
30 tl
13.13 ACCEPT BIDt BARTEC CORPORATION - FOR FURNISHING A DIALLED NUMBER
RECORDER FOR DEPARTMENT OF POLICE - ALLOCATE FUNDS FROM LAW ENFORCEMENT
TRUST FUND.
RESOLUTION NO. 89-1026
A RESOLUTION ACCEPTING THE BID OF BARTEC CORPORATION
FOR THE FURNISHING OF A DIALLED NUMBER RECORDER FOR
THE DEPARTMENT OF POLICE AT A TOTAL PROPOSED COST OF
$4,895.00; ALLOCATING FUNDS THEREFOR FROM THE LAW
ENFORCEMENT TRUST FUND PROJECT NO. 690001 ACCOUNT
CODE NO. 290928-840; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.14 ACCEPT BID: CROSSROADS ANIMAL HOSPITAL - FOR FURNISHING VETERINARY
SERVICES TO CANINE UNIT FOR DEPARTMENT OF POLICE - ALLOCATE FUNDS.
RESOLUTION NO. 89-1027
A RESOLUTION ACCEPTING THE BID OF CROSSROADS ANIMAL
HOSPITAL FOR THE FURNISHING OF A VETERINARY SERVICES
TO CANINE UNIT FOR THE DEPARTMENT OF POLICE AT A
TOTAL PROPOSED COST OF $13,200.00; ALLOCATING FUNDS
THEREFOR FROM 1989-90 OPERATING BUDGET ACCOUNT CODE
NO. 290201-260; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE AND THEREAFTER TO
RENEW THIS CONTRACT ANNUALLY SUBJECT TO THE
AVAILABILITY OF FUNDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.15 ACCEPT BID: M. VILA & ASSOCIATES, INC. - FOR RIVERSIDE STORM SEWER
RETROFITTING PROJECT.
RESOLUTION NO. 89-1028
A RESOLUTION ACCEPTING THE BID OF M. VILA AND
ASSOCIATES, INC., IN THE PROPOSED AMOUNT OF
$813,587.00, BASE BID OF THE PROPOSAL, FOR RIVERSIDE
STORM SEWER RETROFITTING PROJECT; WITH MONIES
THEREFOR ALLOCATED FROM THE 1990 CAPITAL IMPROVEMENT
ORDINANCE NO. 10642, PROJECT NO. 352273 IN TIM
AMOUNT OF 4813,587.00 TO COVER THE CONTRACT COST;
AND AUTHORIZING THE CITY MANAGER TO MMCUTS :A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
w
13.16 AUTHORIZE. CITY MANAGER TO EXECUTE CONSENT TO ASSIQXK3NT`OF EXISTING
`
AGREEMENT BETWEEN CITY AND RODRIGUEZ, KHULY, QUIROGA, ARCHITECTS, TO :'
A
KHULY, ALVAREZ & ASSOCIATES - FOR DESIGN SERVICES ASSOCIATED WITH
�r
CONSTRUCTION OF SOUTH DISTRICT POLICE SUBSTATION. _
RESOLUTION NO. 89-1029
A RESOLUTION AUTHORIZING THR CITY MANAGER TO XX=UT$
THE CONSENT TO THE ASSIG140M OF THE AGRIMUMt
BRTWM THE CITY OF MIAMI AND RODRIG , XHULT,
QUIROGA, ARCHITECTS, TO MMLY, ALVARXZ I ASSWUTE$
FOR DESIGN SERVICES ASSOCIATED WITH THE CONSTRUCTION
OF THE SOUTH DISTRICT POLICE SUBSTATION.
t"
Mt
i
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.17 RATIFY CITY ATTORNEY'S EMPLOYMENT OF STEEL HECTOR & DAVIS TO SERVE AS
CONSULTANT IN CONNECTION WITH THE CASE OF P.N.M. CORPORATION VS. CITY OF
MIAMI V. FULLER & SADAO, P.C. - FEE NOT TO EXCEED $25,000.
RESOLUTION No. 89-1030
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
CITY ATTORNEYS EMPLOYMENT OF THE LAW FIRM OF STEEL
HECTOR & DAVIS TO SERVE AS CONSULTANT IN CONNECTION
WITH THE CASE OF P.N.M. CORPORATION V. CITY OF MIAMI
V. FULLER & SADAO, P.C., WITH THE FEE FOR SUCH
SERVICES NOT TO EXCEED $25,000.00; SAID MONIES
THEREFOR BEING ALLOCATED FROM THE CITY OF MIAMI'S
SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.18 AMEND CONTRACT FOR A COMPUTERIZED ACCOUNTS RECEIVABLE SYSTEM WITH MOORE
GOVERNMENTAL SYSTEMS, INC. - TO INCLUDE ADDITIONAL PROGRAMMING WORK AND
AN ADDITIONAL WEEK OF ACCEPTANCE TESTING.
RESOLUTION NO. 89-1031
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO AMEND THE CONTRACT FOR A COMPUTERIZED
ACCOUNTS RECEIVABLE SYSTEM WITH MOORE GOVERNMENTAL
SYSTEMS, INC., TO INCLUDE ADDITIONAL PROGRAMMING
WORK AND AN ADDITIONAL WEEK OF ACCEPTANCE TESTING AT
AN ADDITIONAL COST NOT TO EXCEED $16,415 WITH THE
ADDITIONAL FUNDS TO BE TRANSFERRED FROM CAPITAL
PROJECT #3110012 TO THE COMPUTER ACQUISITION CAPITAL
PROJECT, #315231.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.19 EXECUTE AMENDMENT TO EXISTING AGREEMENT BETWEEN DEPARTMENT OF OFF-STREET
PARKING AND C.P. TOWER, LTD. (JULY 21, 1986), THEREBY APPROVI:� FEE FOR K
20 RESERVED PARKING SPACES IN MUNICIPAL GARAGE N0. 4 - APPROVE NECESSARY
PHYSICAL CHANGES IN GARAGE TO ACCOMMODATE THE RESERVED PARKING SPACES.
RESOLUTION NO. 89-1032
A RESOLUTION, WITH ATTACHMENT, APPROVING .:THE {
EXECUTION OF AN AMENDMENT, IN SUBSTANTIALLY THE 4k
ATTACHED FORM, TO THE EXISTING AGREEMENT BETWEEN THE
DEPARTMENT OF OFF-STREET PARKING AND C.P. TOWER,
LTD., DATED JULY 21, 1986, THEREBY APPROVING A FEE
FOR 20 RESERVED PARKING SPACES IN MUNICIPAL GARAGE
NO. 4 AS PROVIDED FOR'UNDER SAID EXISTING AGREEMENT,
AND APPROVING THE PHYSICAL CHANGES IN SAID GARAGE '}>`
REQUIRED TO ACCOMMODATE SUCH RESERVED PARKING
SPACES.
(Here follows body of resolution, omitted here and „ {}
s' ou file in the Office of the City Clerk.)
Or
32
y
K xe
13.22 ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR
STADIUM BY KIWANIS CLUB OF LITTLE HAVANA, INC.
"CARNAVAL NIGHT" ONCE A YEAR (JANUARY 1, 1990 -
EXECUTE USE AGREEMENT.
RESOLUTION NO. 89-1035
13.20 EXECUTE PROFESSIONAL SERVICES AGREEMENT: A. FOSTER HIGGINS & CO., INC. -
FOR ACTUARIAL ASSISTANCE IN PENSION MATTERS - COST NOT TO EXCEED
$40,000.
RESOLUTION NO. 89-1033
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
1 HERETO, WITH THE FIRM OF A. FOSTER HIGGINS & CO.,
INC., FOR EXPERT ACTUARIAL ASSISTANCE IN PENSION
MATTERS AT A COST NOT TO EXCEED $40, 000 WITH FUNDS
THEREFOR ALLOCATED FROM SPECIAL PROGRAMS AND
ACCOUNTS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.21 AUTHORIZE CITY MANAGER TO ENTER INTO AGREEMENT WITH AUTOMATED MEDICAL
SERVICES, INC. - FOR COLLECTION OF EMERGENCY MEDICAL TRANSPORTATIONS
FEES.
RESOLUTION NO. 89-1034
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY
OF MIAMI AND AUTOMATED MEDICAL SERVICES, INC., FOR
THE COLLECTION OF EMERGENCY MEDICAL TRANSPORTATION
FEES, FOR A PERIOD OF ONE (1) YEAR AT A COST NOT TO
EXCEED $52,000 TO BE PAID FROM REVENUES COLLECTED
FROM SAID FEES, SUBSTANTIALLY IN ACCORDANCE WITH THE
TERMS AS SET FORTH IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
USE OF ORANGE BOWL ^'
FOR PRESENTATION OF
DECEMBER 31, 1992)
A RESOLUTION, WITH ATTACHMENT, ESTABLISHING
SPECIAL
v
CHARGES, TERMS AND CONDITIONS FOR THE USE
OF THE
ORANGE BOWL STADIUM BY THE KIWANIS CLUB OF
LITTLE
HAVANA, INC., FOR SAID ORGANIZATION'S PRESENTATION
OF "CARNAVAL NIGHT" ONCE A YEAR DURING THE
PERIOD
JANUARY 1, 1990 THROUGH DECEMBER 31, 1992;
FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUT$.
A USE
AGRMMW, IN SUBSTANTIALLY THE ATTACHED
FORM,
BETWEEN THE CITY OF MIAMI AND THE KIWANIS CLUB OF
LITTLE HAVANA, INC., FOR SAID USX.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
�i
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'rn`l
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i
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33
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0
13.23 APPROVE ISSUANCE 4,000 COMPLIMENTARY TICKETS FOR "CARNAVAL MIAMI"
PRESENTED BY KIWANIS CLUB OF LITTLE HAVANA, INC., AT ORANGE BOWL STADIUM
ON MARCH 4, 1990.
RESOLUTION NO. 89-1036
A RESOLUTION APPROVING THE ISSUANCE OF 4,000
COMPLIMENTARY TICKETS FOR "CARNAVAL MIAMI" PRESENTED
BY THE KIWANIS CLUB OF LITTLE HAVANA, INC., AT THE
ORANGE BOWL STADIUM ON MARCH 4, 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.24 AUTHORIZE AGREEMENT WITH EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION - CONCERNING PROPOSED 11-UNIT AFFORDABLE HOUSING TOWNHOME
PROJECT AT 720 AND 728 S.W. 2 STREET AND 996 S.W. 6 STREET (EAST LITTLE
HAVANA NEIGHBORHOOD) - DIRECT MANAGER TO DISBURSE FUNDS ($105,000) FROM
INTEREST EARNINGS OF 1976 HOUSING GENERAL OBLIGATION BONDS.
RESOLUTION NO. 89-1037
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF
MIAMI AND EAST LITTLE HAVANA COMMUNITY DEVELOPMENT
CORPORATION, IN CONNECTION WITH THE AFOREMENTIONED
CORPORATION'S PROPOSED ELEVEN (11) UNIT AFFORDABLE
HOUSING TOWNHOME PROJECT IN THE EAST LITTLE HAVANA
NEIGHBORHOOD ON SITES GENERALLY LOCATED AT 720 AND
728 SOUTHWEST 2ND STREET, AND 996 SOUTHWEST 6TH
STREET; FURTHER, DIRECTING THE CITY MANAGER TO
DISBURSE FUNDS IN THE AMOUNT OF $105,000 IN SUPPORT
OF SAID PROJECT FROM THE INTEREST EARNINGS OF THE
1976 HOUSING GENERAL OBLIGATION BONDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.25 AUTHORIZE CITY MANAGER TO MAKE OFFERS AND EXECUTE PURCHASE AGREEMENTS
WITH PROPERTY OWNERS FOR ACQUISITION OF SIX PARCELS WITHIN EDISON/LITTLE
RIVER, ALLAPATTAH AND MODEL CITY COMMUNITY DEVELOPMENT TARGET AREAS,
CONCERNING THE CITY -SPONSORED SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM - ALLOCATE FUNDS (11TH YEAR CDBG) - AUTHORIZE CITY
ATTORNEY TO CLOSE.
RESOLUTION NO. 89-1038
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MAKE OFFERS TOTALLING $57,565 AND EXECUTE
PURCHASE AGREEMENTS, IN SUBSTANTIALLY THE FORM
ATTACHED, WITH THE PROPERTY OWNERS FOR ACQUISITION_
OF SIX PARCELS (MORE PARTICULARLY AND LEGALLY
DESCRIBED IN THE ATTACHED EXHIBITS "A" AND "B")
x
WITHIN THE EDISON/LITTLE RIVER, ALLAPATTAH AND MODEL
fay
CITY COMMUNITY DEVELOPMENT TARGET AREAS,
RESPECTIVELY, TO BE USED IN CONNECTION WITH THE CITY`
OF MIAMI SPONSORED SCATTERED SITE AFFORDABLE HOUSING
DEVELOPMENT PROGRAM; ALLOCATING FUNDS FROM THE IiTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FOR
k
ACQUISITION OF THE SUBJECT PROPERTIES; AND
AUTHORIZING THE CITY ATTORNEY TO PROCEED TO CLOSE ON
k)
THE SUBJECT PARCELS AFTER EXAMINATION OF THE
ABSTRACT AND CONFIRMATION OF OPINION OF TITLE.
(Here follows body of resolution, Quitted, here and
�
on file in the Office of the City Clerk,)
V
5 )
34
13.26 ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF BOBBY MADURO
BASnALL STADIUM BY DAVID SENIOR SPORTS, INC., (D/B/A/ GOLD COAST
SUNS) - FOR PRESENTATION OF 8 BASEBALL GAMES, MINIMUM (OCTOBER 1989-
FEBRUARY 1990) - AUTHORIZE USE AGREEMENT.
RESOLUTION NO. 89-1039
A RESOLUTION, KITH ATTACHMENT, ESTABLISHING SPECIAL
CHARGES, TERMS AND CONDITIONS FOR THE USE OF THE
MIAMI BOBBY MADURO BASEBALL STADIUM BY DAVID SENIOR
SPORTS, INC., D/B/A GOLD COAST SUNS FOR SAID
ORGANIZATION'S PRESENTATION OF A MINIMUM OF EIGHT
(8) BASEBALL GAMES DURING THE PERIOD OCTOBER 1989
THROUGH FEBRUARY 1990; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
SAID ORGANIZATION FOR SAID USE.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.27 AUTHORIZE CITY MANAGER TO SUBMIT AN APPLICATION TO U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) FOR AN $8 MILLION LOAN - TO PURCHASE
LAND FOR REDEVELOPMENT WITHIN SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA.
RESOLUTION NO. 89-1040
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PREPARE
AND SUBMIT AN APPLICATION TO THE UNITED STATES
DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD) FOR
A $8 MILLION LOAN UNDER HUD SECTION 108 LOAN PROGRAM
FOR THE PURCHASE OF LAND FOR REDEVELOPMENT WITHIN
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.28 VACATE/DISCONTINUE/ABANDON NORTH 7 - 1/2 FEET OF LOT 4, BLOCK 22 SOUTH,
"A.L. KNOWLTON MAP OF MIAMI" (PLAT BOOK "B", PAGE 41) - RETURN SAME TO
PRESENT OWNER - EXECUTE QUIT CLAIM DEED.
RESOLUTION NO. 89-1041
A RESOLUTION VACATING, DISCONTINUING AND ABANDONING
THE NORTH SEVEN AND ONE-HALF ( 7 1/2) FEET OF LOT 4,
BLOCK 22 SOUTH, rA.L. KNOWLTON MAP OF MIAMI",
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK
"Be, PAGE'41, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, AND RETURNING SAME TO -PRESENT OWNER AND
AUTHORIZING AND DIRECTING THE CITY MANAGER TO
MMCUTE A QUIT CLAIM DEED THEREFORE. '
(Here follows body of resolution, omitted.'here and
on file in the Office of the City Clerk.)
z
a tY
$ Voym1i1MAB` : e _
0
113
13.29 ACCEPT 16 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES - APPROVE RECORDING
OF SAME.
RESOLUTION NO. 89-1042
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT SIXTEEN (16) DEEDS OF
DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE
RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.30 SUPPORT NOMINATION OF MIAMI SENIOR HIGH SCHOOL (2450 S.W. 1 STREET) TO
THE NATIONAL REGISTER OF HISTORIC PLACES.
RESOLUTION NO. 89-1043
A RESOLUTION SUPPORTING THE NOMINATION OF MIAMI
SENIOR HIGH SCHOOL, 2450 S.W. 1ST STREET, TO THE
NATIONAL REGISTER OF HISTORIC PLACES.
(Here follows body of resolution, omitted hers and
on file in the Office of the City Clerk.)
13.31 CLAIM SETTLEMENT: MITCHELL BISKUP ($50,000).
RESOLUTION NO. 89-1044
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO MITCHELL BISKUP THE SUM OF $50,000, WITHOUT
THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST
THE CITY OF MIAMI, IN CIRCUIT COURT CASE NO 87-53445
CA (17) UPON EXECUTION OF A
RELEASE, RELEASING THE
CITY FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.32 AUTHORIZE CITY ATTORNEY TO PAY BEVERLY PARKER, ESQ. AND PETER J.
HURTGEN, ESQ. (MORGAN LEWIS A BOCKIUS) A MAXIMUM OF $25,000 FOR SERVICES,'
RENDERED IN LEGAL REPRESENTATION OF KENNETH C. MCCULLOUGH AND COLONEL H.
DUKE IN (BOYKIN, ET AL VS. CITY OF MIAMI).
RESOLUTION NO...89-1045
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO PAY
BEVERLY PARKER, ESQUIRE, OF THE FIRM OF 6REENE AND
GREENE, P.A., AND PETER_J. HURTGEN, ESQUIRE,, OF THE
FIRM OF MORGAN LEWIS AND BOCKIUS, AT AN HOURLY -RATE
OF $150.00 EACH, AN AMOUNT NOT TO EXCEED. $25.000.00
EACH FOR SBRVIGBS RENDERED ZN THE dBGAL
Y4 K
REPRESENTATION OF KENNETH C...MC CULLOUGH AND COLONEL
H. DUKE RESPECTIVELY IN BOYKIN, ST AL V. CITY OF F
r
MIAMI, ST AL, WITH FUNDS FOR SUCH PAYMENT BEING r
ALLOCATED FROM THE SELF-INSURANCE AND` INSURANCE
TRUST FUND.
OR
(Here follows body of resolution, omitted here and
on file In the Office of the City Clerk.)'
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5; 4' - h�3
40
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4
13.33 AUTHORIZE USE OF CERTAIN STREETS IN COCONUT GROVE DURING
_ BCK$RD/MAGNAVISION "BABA! BOOMER" 10K AND 5K ROAD RACE, CONDUCTED BY
MIAMI RUNNERS CLUB.
RESOLUTION NO. 89-1046
A RESOLUTION CONCERNING THE USE OF CERTAIN STREETS
AND THOROUGHFARES IN THE COCONUT GROVE AREA DURING
THE ECKERD/MAGNAVISION "BABY BOOMER" 1OK AND SK ROAD
RACE TO BE CONDUCTED BY THE MIAMI RUNNERS CLUB ON
DECEMBER 3, 19890 BETWEEN THE HOURS OF 7:00 A.M. AND
10:30 A.M.
(Here follows body of resolution$ omitted here and
on file in the Office of the City Clerk.)
13.34 AUTHORIZE STREET CLOSURES FOR VII KING MANGO STRUT PARADE - ESTABLISH
PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
RESOLUTION NO. 89-1047
A RESOLUTION CONCERNING THE VII KING MANGO STRUT
PARADE TO BE CONDUCTED BY KING MANGO STRUT, INC., ON
SATURDAY, DECEMBER 30, 1989 AUTHORIZING THE CLOSURE
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; FURTHER ESTABLISHING AN AREA
PROHIBITED TO FESTIVAL RETAIL PEDDLERS DURING THE
PERIOD OF SAID EVENT; CONDITIONED UPON THE
ORGANIZERS PAYING FOR THE NECESSARY COSTS OF CITY
SERVICES AND THE REQUIREMENTS THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY ASSOCIATED
WITH SAID EVENT.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.35 AUTHORIZE STREET CLOSURES FOR IV ALLAPATTAH FAIR - ESTABLISH PEDESTRIAN
MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
RESOLUTION MO. 89-1048
A RESOLUTION CONCERNING THE IV ALLAPATTAH FAIR TO BE
CONDUCTED BY THE ALLAPATTAH BUSINESS DEVELOPMENT. _
AUTHORITY, INC., ON DECEMBER. 7-109 1989 PROVIDING
FOR THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING A PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE
X
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; FURTHER ESTABLISHING AN. AREA
}x
PROHIBITED TO RETAIL PEDDLERS DURING. THE _-PERIOD .OF
THE EVENT; CONDITIONED UPON THE ORGANIZERS: PAYING
y
FOR ANY COSTS. OF CITY_ SERVICES BEYOND THE FUNDINQ
^
PROVIDED BY: THE CITY AND, THE .REQUIREMENT ; THAT THR
ry
CITY: WILL BE INSURED. AGAINST ANC,.. POTENTIAL
LIABILITY,
(Here follows body of .resolution, omitted ..here and
on file in the Office of the City Clerk.)
1 � '
a k S
A&
13.36 AUTHORIZE STREET CLOSURES FOR SUNSTREET FESTIVAL AND PARADE - ESTABLISH
PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS - AUTHORIZE TWO-
DAY PERMIT TO SELL BEER AND WINE.
RESOLUTION NO. 89-1049
A RESOLUTION CONCERNING THE SUNSTREET FESTIVAL AND
PARADE TO BE CONDUCTED BY THE SUNSTREET FESTIVAL
COMMITTEE, INC., TO BE HELD DECEMBER 2 AND 3, 1989,
PROVIDING FOR THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN
MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES; AUTHORIZING A TWO-DAY PERMIT TO
SELL BEER AND WINE IN CONNECTION WITH SAID EVENT
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY
LAW; FURTHER ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS DURING THE PERIOD OF THE EVENT;
CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL
BE INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENT BEYOND THOSE
ALLOCATED BY RESOLUTION NO. 89-921 ADOPTED OCTOBER
12, 1989.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.37 ACCEPT PLAT: "GRAN CENTRAL SUBDIVISION".
RESOLUTION NO. 89-1050
A RESOLUTIO114 ACCEPTING THE PLAT ENTITLED "GRAN
-
CENTRAL SUBDIVISION", A SUBDIVISION IN THE CITY OF
MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AND AUTHORIZING AND DIRECTING THE CITY MANAGER
-
AND CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR
THE RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
13.38 AUTHORIZE EXECUTION OF TWO CITY QUIT CLAIM DEEDS TO GRAN CENTRAL
CORPORATION - DECLARING SAID CONVEYANCE IMPLEMENTS GOVERNMENTAL PROJECT
OF FIRST AVENUE REALIGNMENT (NECESSARY FOR PLATTING OF GRAN CENTRAL
SUBDIVISION).
RESOLUTION NO. 89-1051
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO MUTE THE TWO ATTACHED QUIT CLAIM DEEDS
FROM THE CITY OF MIAMI TO GRAN CENTRAL CORPORATION,
DECLARING THAT THE CONVEYANCE OF SUCH PARCELS
n1P1rBM&iT THE GOVERNMENTAL PROJECT OF FIRST ,AVENUE
isJ
RBALIGSNMENT; DECLARING THAT THE PARCELS ARE TOO
SMALL AND IRREGULARLY SHAPED AS TO HAVE ANY
MUNICIPAL USE OR FAIR MARKET VALUE AND DECLARING
THAT THESE QUIT CLAIM CONVEYANCES ARE NECESSARY FOR
THE PLATTING OF THE GRAN CENTRAL SUBDIVISION.
41°
f
(Here follows body of resolution, omitted here and
on file is the Office of the City Clerk.)kk
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------------------....:-___----_------------------------�.�
14. DISCUSS AND DEFER ACCEPTANCE OF BID FROM INTERAMERICAN CAR RENTAL,
INC. - FOR FURNISHING OF RENTAL VEHICLES FOR POLICE DEPARTMENT'S TASK
FORCE/STREET NARCOTICS UNIT/SPECIAL INVESTIGATIONS SECTION FOR
UNDERCOVER AND SURVEILLANCE OPERATIONS (See label 28).
Mayon Suarett CA-15, Commissioner De Yurre.
Mr. De Yurre: Yes, Mr. Mayor, I'd like to get some information as to these
automobiles. We're talking about $536,000 plus dollars to rent 55
automobiles.
Lt. Joseph Longueira: It's eight... eighty vehicles, Commissioner.
Mr. De Yurre: It's what?
Lt. Longueira: Eighty.
Mr. De Yurre: Eighty.
Lt. Longueira: Eighty.
Mr. De Yurre: OK. What is a...
Mr. Plummer: When we could be using confiscated automobiles.
Mr. De Yurre: How much did we spend last year on this?
Lt. Longueira: Just slightly less, it's just an increase from one year
contract to the other, same number of vehicles. Eighty last year, eighty this
year.
Mr.
De Yurre: What kind of vehicles are these?
Lt.
Longueira: They're mostly for undercover, Chryslers, Chevrolets...
r
Mr.
De Yurre: What year?
Lt.
Longueira: New model years, that's what the rental car companies
deal in.
Mr.
De Yurre: So, if we go in to do surveillance in Overtovn, we're
going to
�* K
do
it with a 1990 automobile parked on the corner.
Lt.
Longueira: Well, a lot of the vehicles are used in dealing with
the drug
<;
market
and people that go buy drugs, a lot of them drive new cars.
I mean,
the
affluent people buy drugs too and they go in there...
,y
Mr. De Yurre: Well, what is surveillance? Surveillance is watching people do_ 3
something or actually being involved in an operation?
Lt. Longueira: Weil, there's different - we use them for surveillance, ve
also buy drugs, we sell drugs and drug dealers have new cars also.
w,
Mr. De Yurre: Is what bothers me is that we're spending $536,000 this year 3
Y
and then you're asking for an additional year so that brings it over a million
dollars. I bat you, you could buy the vehicles outright buy it with a millioa
dollars and get those vehicles,'`
:.,
Mr. OdLoi No, but we can't because they have to changed constaati)r.;a
can't have in service..: - t-
-
y
Lt. Longueira: fires, we change those cars with the auto dealer all 'the i x` s .
4
Mayor $uarosc They can by identifiable?
Lt. Longueira: otherwise# they get burned.
9
—
Mr, Mot They cannot be identifiable, You might bays an Olds 4,0d y
CUT01er-b rrotr...#n' that..
� t-
Mr. lie ?urre: But, if you're getting eighty-
--mt.- adiet Thev are in surveillance.
Mr. De Yurre: if you're getting eighty automobiles, you tell me you can't
switch them around?
Mr. Odio: You can't, they'd be identified, you have to have a City tag on it
the moment we buy theta.
Mr. De Yurre: Why do we have to have a City tag?
Mr. Odio: These are spy cars, whatever you call them, they're surveillance.
Mr. De Yurre: Huh?
Mr. Odio: These are surveillance cars.
Mr. De Yurre: I know, I know they're surveillance but...
Mr. Odio: They follow people around, they have to change cars constantly,
they...
Mayor Suarez: Well, there is a contradiction in saying that they have to have
a City tag, I mean, if they have a City tag...
Mr. Odio: When the City buys them, yes.
Mayor Suarez: Well, you'd better come up with a better system. I don't know,
borrow some tags from the State or something so that they're not identified as
City tags. Otherwise, they're not going to be very good in surveillance. And
your other argument that they have to be changed so that they won't be
III t of falls flat I'm sorry Commissioner
-
identified as surve Mace care, sor
,
any...
Mr.
De-Yurre:
How many automobiles did we use last year?
Lt.
Longueira:
Eighty.
A
Mr.
De Yurre:
Eighty, only eighty.
Lt.
Longueira:
Yes.
i
Mr.
De Yurre:
That. wasnIt-eighty at one time,.but
80 total? tx��
Ld
Mr.
Odio: How
many did we crash?'
5
Lt.
Longueira:
Well, the contract was for 80...
.
Mr.
De Yurre:
I know, but I'm saying,..
'
Lt.
Longueira:
...at sometimes that number dipped
below that. But, at tin►es� �`T
mot_,
it was 80 vehicles.that we've had,, ow, contract at:one,Lime.
Mr.
De Yurre:
Out in the street?
-
So �
Lt.
Longueira:
Yes.
' 4
A
Mr.
De Yurre:
At the: same time?
4
Lt,
:Longustrat
Na, :,thsy had differents,fuuctious.
Some are is a�►raol��cs, � ,. � ��
are
is pro -active iaternaI security investigating
-
police officers..,
t#.d`" -
Mr.
De Yurre:
l ksoa, but we're actually - Me actually, the police aatil7,
���
t�s� ` �f.t7R...1.�.11.#e� ♦
7 t,
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t
lots
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Jot
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Mr. De Turret Throughout the year?
-
Lt. Longueira: Yes.
Mr. De Yurre: Now, those 80, are they interchanged at all? Do you return
`
theta to the company and they give you another one?
Lt. Longueira: Yes, because we want to change the color of the car, the tag
-
on the car. That's why we need it with the rental company, we constantly
change the car. But it's the number of 80 vehicles.
Mr. De Yurre: OK, but my question is, how many vehicles did we use last year?
Lt. Longueira: You mean total?
-
Mr. De Yurres Total.
u
Lt. Longueira: When we switch them and everything?,
Mr. De Yurre: Yes.
-�
Lt. Longueira: I could try and get it to you, but it's going to be a very
detailed and lengthy process.
Mr. De Yurre: OK, I'd like...
-
Lt. Longueira: Because we may only use a vehicle for two or three days and if
-�
we get burned, take it back and get another vehicle. But it's all covered
under the contract of 80.
Mr. De Yurre: OK, but you've got that information, I'm sure.
Lt. Longueira: They would have to get it.
Mr. De Yurre: I would like to have it and I'll defer this until we get that
Information.
K
Mr. Plummer: Let me...
Lt. Longueirat Commissioner, our contract on this thing -ends today, if...
F
Mr. De Yurre: Well, why did you bring it today?
Mr. .Plummer: So why did you wait to bring it up today? You knew about this .a
year ago when you made the contract.
Lt.� Longueira: I don't know. I believe, at one point, there vas adjusttsents.
to the bid process and that's what delayed it finally getting to the
f
Commission.— It was originally...
F
Mr. Plummer:' But don't blame us.
Lt. Longueirot I'm not. I'm just telling you the fact that today is the •last
�.
day. If= it's not approved, we lose the 80 vehicles.
Mr. Plummers What you're tell_ ng us < is, regardless, good: bad, of `_whotherr"
have questions, you got to
vote on it today or you, the Comaiseiioo, are . b
guys. I don't accept that.
I don't accept that. Let me tell you, Mr, Ms�or`
for the -record,' a half a million dollars of rental. Guess bow many bidders?
Mayor Suarest Ira afraid to
ask, but=go ahesd. - - :. t. ..tY, � SS '��. Tin •�n�,-+.ti
Mr. Plwmmsrs Guess. You're
right... .
Lt. Lo4gusira3 One bidder.
Ms.� VI r1 One- bidder"Vor
-half a #il lQA 4�D lar'cont; Ct�'
Mr. mid Lo 3 Tou know , vby?
t
94yo r suaroxs Ve say bone sots pretty for prli tv...
ada
Mr. Odio: Do you know why?
Mr. Plummer: No, tall me why.
Mr. Odiot It's a bad deal for the dealer.
Mayor Suarez: Yoe.
Mr. Plummer: Then why did one bid?
Mr. Odiot That's their problem. Nobody else wanted the business.
Mayor Suarez: They're desperate. Who is it, by the way?
Lt. Longueira: I believe it's Interamerican Car Rental. It's the same
company we had last year.Y
nx
Mr. Dawkins: Why hello, Representative...
Mr. Plummer: One bidder.
Mayor Suarez: Jefferson Reeves.
Mr. Dawkins: Jefferson Reeves.
Lt. Longueira: One of the is...
Mr. Dawkins: How you doing, sir?
_
Lt. Longueira: One of the issues that...
Mayor Suarez: Let me just may, as long as we recognized the Representative,
that I hope he would join Commissioner Dawkins at lunch and present the City's
—
recognition to Miss America.
Mr. Dawkins: I don't It want it, either the City of Miami does it -or the n
State. We don't need nobody with us.
Mayor Suarezt I take"that back, Representative, it's all totally in the hands
of our Vice Mayor. He'll take care of Miss America at lunch. I'm sorry,
Lieutenant. Back to the $536,000 for the 80 vehicles. x
Mr., Odio: - You haventt asked the question' how 'many cars we wreck, how many
=
tires we wreck in pursuits and whatever things they do and nobody wants the
business. We'relucky we had one ` bidder. we had problems with him in the
,
past that they didn't want the business. I think we're lucky we got them to
bid on...
Mr. De Yurre: Move to defer. I want to have that information.
Mayor Suarez: OK, we have a motion to defer the item. Do we have a second?. fr
µ3'
Or a minute, or an hour?
r
Mr. Plvtmaer: Yes, I*11 second it. That's until the next meeting? {
�a
Ur.' De Yurre•i Yes, until they get the information. Hopefully, it'll be the "- + "'
s
next meeting. �=
Plummer: One Meek.
t
Mayor Suarez: Any chance you could table it until this afternoon and 'Oati#t�/
yourself during the day?
4^f
' v
Mr. De Yurre: All l pant is the information. they. can get, ia# thy► ` �
��
'Infom ►t on today, that's fine, but he said it would take tiu+a.
a'
Mayor Suarez: All right, lot me treat it, as a tabu � �.! the
-
:boPafully* this afturnooa, we can got to fit.
low I'll aooa$►t that•'? L
Mayor Suarez: 'Thank you, Commissioner.
Mr. Plummer: How many cars did we confiscate last year in these sting
operations?
Lt. Longueira: I'll get you that also.
Mayor Suarez: All right, that's a very relevant question. That's a very
interesting...
Mr. Plummer: And, also, would you bring me back a list of who the 22 bidders
that received bids were?
Mayor Suarez: You know, cars that are confiscated are...
Mr. Plummers I can't believe, with all of these companies out there, who are
fighting tooth and nail, that, in fact, they're not interested.
Mayor Suarez: Commissioner, if what you're hinting is that cars that are
confiscated may be ideal for this, I think you may be right because they are
randomly confiscated and may represent every kind of make and every year and
every color and may be a little more difficult to identify as surveillance
cars. I...
Mr. Dawkins: And if we don't have enough, we can rent some from Navarro up in
Ft. Lauderdale.
Lt. Longueira: But these vehicles are confiscated from drug users and
dealers.
Mr. Plummer: That's wrong with that? They're driving Mercedes.
i
Lt. Longueira: It's the same type of people you're going to be dealing with.
They're going to know.their own car.
Mayor Suarez: That'll confuse them even more, Lieutenant, they won't know
who's chasing whom. All right, in any event, Commissioner wants to have some
matters brought to his attention, possibly for this afternoon's action :and �K
with CA-15 out, we finally have. Why don't we take a vote on the consent
agenda? Have we got a motion on that?
�k
Mr. Plummer: Yes, sir. '
3¢.s
Mayor Suarez: OK, yes we do. Call the roll then, Madam City Clerk. �<
ON MOTION DULY MADE BY COMMISSIONER DR YURRE AND
SECONDED BY COMMISSIONER PLUMMER, THE ABOVE MATTER WAS
DEFERRED UNTIL THE AFTERNOON SESSION, BY THE FOLLOWING
VOTEz y
AYES: Commissioner J. L. Plummer, Jr. r.
Commissioner Miriam Alonsoy
Commissioner Miller Dawkins'
Vice Mayor Victor. De Yurre
Mayor Xavier L. Suarez r
s
NOBS: Nose. ."
4
ABSEN s None •
.Y l�ir YS
41"
3
A
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y fir:.:-
15. DEFER PROPOSED APPROVAL OF REVISED ADMINISTRATIVE POLICY APM-1-86 -
"SEVBRANCE POLICY".
Mayor Suarez: Item CA-43, Mr. Manager or Commissioner Alonso or anyone else
that thinks that we ought to not handle this item today, why don't we put that
on the record and maybe we will or maybe we won't hear from counsel unless...
we'll have to see if you have anything relevant to say on this.
Dr. Alonso: Yes, I think probably it would be best for the interest of the
City of Miami, I don't see the rush in discussing this item today and it might
be that it's better to defer this item to another occasion. I don't see any
urgency in discussing it today, I have many questions, doubts, also concerns
and I think that perhaps it would be best if we defer this item.
Mr. Dawkins: Second the motion.
Mayor Suarez: So moved and seconded. Let me make a quick statement as part
of this discussion. There's been a hint that this Commission is not empowered
to handle what is contained in this item. I am not saying that we are going
today resolve that, counselor, but I want to tell you that for myself, I feel
that we clearly have that power under the Charter. This agreement, if
_— approved, would affect our budget, would affect our determination as to the
salaries of the department heads, which is clearly in the Charter under our
_ jurisdiction and I just want to put that on the record. I presume that when
Commissioner Alonso and the rest of us are satisfied on the specifics of it,
we'll vote on it and it will be entertained as a regular item. In the
meantime, I don't think that we need to hear from anyone else. We have a
motion to defer.
Mr. Jerry Wolfson: Sir, you addressed something to me. Could I ask you
something? I have asked for the legal opinion that the City is basing their
actions on and I'd asked for it in writing.
Mayor Suarez: But we are not taking any action. There is no legal opinion to
a
e base any .actions. All we are doing is given additional time to the newly
v
elected Commissioner.
Mr. Wolfson: Thank you, air.
_ Mayor Suarez: Thank you. OK, we have a motion to defer and a second. Any
discussion? If not, please call the roll.
MOTION TO DEFER
-
UPON MOTION DULY MADE BY COMMISSIONER ALONSO AND SECONDED BY
COMMISSIONER DAWKINS, THIS ITEM WAS DEFERRED BY THE FOLLOWING VOWS
— OF THE COMMISSION:
AYES: Commissioner J. L. Plummer, Jr.
�<
Commissioner Miriam. Alonso
f
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
tea`
NOBS$ None.
AMNTs Nona.,
x
�y
COMNMNTS NADM DURING ROLL CALL:
Mr. Plummers I'm going to vote yes, but I would like also, Mr. Manager, in.
those :particuXor coves# let's just use two for the example When you
I would like to know the exact dollar amount that the Fire Chief and:tho
E_
Frog... YOU �cM► �
sslica Qj#f would make it they retired todsy Qr ,Lo t��
saying? Fommo I_ think tbaat's all part of q , •
Mayor Ouaroz: To got a schedule of what the iteaas would twtllF "Wot to, �
Y
{
Y
a'?
Mr. Plummer: ... the total consideration is that at this particular point, we
don't know, at least I don't, what the Police Chief or the Fire Chief or any
of the ones that are named in this thing, maybe all of them, let's do them
all - all of the people that would be affected by this policy, I would like to
know what they would receive from this City if they retired tomorrow.
Mayor Suarez: Understanding that it is an estimate because it changes from
day to day as certain items of vesting take place, seniority and so on.
Mr. Plummer: Well, we can only do it on vesting as it exists today.
Mayor Suarez% Yes, I mean, it is an estimate, because some of these things
are quite difficult to calculate.
Mr. Plummer: Let me tell you, it is not difficult, it is very, very simple
and that simplicity means that a man who is with the City receives two and
one/half percent a year for each year of service, except department heads who
receive one additional percent a year for a total of ten years, so it is not
really hard to figure if a man is making X dollars today, than he's entitled
to X percentage and that's where it is.
Mayor Suarez: Well, it sounds like you can calculate it from the top of your
head. Maybe they ought to just give you the information, the raw information
and you'll calculate it.
Mr. Odio: I can answer that by saying that this policy right now would only
affect one person, which would be the Fire Chief, no others are entitled to
the policy, because they are not...
Mayor Suarez: One person other than the Police Chief?
Mr. Odio: In your question...
Mr. Plummer: But I'm not asking that.
Mr. Odio: They cannot retire, so...
Mr. Plummer: I'm asking has nothing to do with this policy in general.
Mr. Odio: Number one look, is this...
Mr. Plummer: I'm asking without this policy...
Mr. Odio: Yes. {
Mr. Plummer: ... if they were to retire tomorrow, what would be their,
benefit?
Mr. Odio: The answer to that is only one person of the group affected is
—,: entitled to retire, the others are not, so therefore, the answer to you is
x.. only Chief Duke and I can get you that information.
Mayor Suarez: Wait, anybody is entitled to retire, but they would not gat
anything if they retired at this point. '
4 Mr. Odio: Of course.
Mr. Fernandez: Correct.;
Mr. Odio: -So the answer to that is only one person.affected and I'll get you >k
the number.
Mayor- r
saiaaer$ �x'e e�►t�tlsd to �}
Suarew: is entitled to retire. Comas
retire, the Manager is entitled to retire.'zz�
ti Mr. Qdio: Not to receive retirement pay, though.
F; Mayor"Suarez i No' I'm just saying to retire and go sway, All rbt,
further discussion on this item? Attorneys are entitled to rstiii,
�¢•k a Ws 41r*oto s are lnt tloO"to retiro, Woo#t ant � � �a� ��t4?
M-
r s
k
t r A
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Y. RSi+».' "4S_
0,
Mr. Wolfson-. I just wanted to put something in to be attached to this.
Mayor Suarez: Counselor, a half -minute statement.
Mr. Wolfson: No statement.
Mayor Suarez: I see you've got your... what you want to put is not a
statement? Not a question, I hope.
Mr. Wolfson: No, sir.
Mayor Suarez: You're not going to get an answer.
Mr. Wolfson: No air, it's tabled and it will be coming up as a resolution.
Mayor Suarez: Yes, deferred, right. Commissioner needs more time. I think
that makes eminently good sense, she just got elected.
Mr. Wolfson: My question, though, if I had gone on record and I've asked
property for the legal opinion from the Legal. Department and I don't have any
legal opinion.
Mayor Suarez: OK, I really don't know the answer to any of that and you're
going to have to work that out with the Manager. You obviously have a right
to call any of the Commissioner if you think that you are entitled to some
legal opinion and you haven't been given it.
Mr. Fernandez: Mr. Mayor, for the record, this is absolutely unfounded, the
gentleman whom I don't know, has never contacted me personally and on the
record likewise.
_
MayorSuarez: I was afraid that we would get into this. Maybe at 12:00
o'clock the two of you could meet for a few minutes and see if you are
entitled to the legal opinion that you are requesting. The City Attorney is
right here.
Mr. Plummer: Am I entitled to know what the question is that the legal
opinion is being asked for? I don't know what the question is.
Mayor Suarez: Yes,' work it out at lunch time at 12:00 o'clock. Come right:"
—
back and meet with the City Attorney for five minutes and see if he's entitled
-'
v
to whatever...
µfib
-
Mr. Dawkinst I'm like J.L. I don't want them to meet in secret`. What is`it?
-
Mayor Suarez: What is the legal opinion, Mr. ...`f
Mr. Dawkins: If you are going to hear it, let's hear it, if you are not going �#
to hear it', don't... '
Mayor Suarez: I was hoping not to hear it, but if he wants...
Mr. Dawkins: Let's not hear him then, but don't let them meet,
Mayor Suarez: All right.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD, Y �t
Mayor Suarez: You're not going to meet with him? OK. Wore not going
a legal opinion if you don't most with him, but... �� k
z
�
Hr. Wolfson: I've asked for... e
f
lr. Yernandezr As to... �
Mayor Suarez= Mr. City Attorney, one quick, question on this 44 low 40 VWI*
into this. Msvp you lotten a request in writing from counselor' fir. tho � ►� �� =
4
could we put your name in the record, Or?
_Mr.
Wol CA; :jor�► �4lfaon, l ropro out, Rerr9 Aadorsow tv
11zz A
Mayor Suarez: I'm sorry?
Mr. Wolfson: My name is Wolfson, Jerry Wolfson, I represent Perry Anderson.
Mayor Suarez: Jerry Wolfson, representing Perry Anderson:
Mr. Wolfson: No, I've asked the City Manager.
Mayor Suarez: Give us an address to put into the record as long as you've
already spoken about three times, mostly out of order, but go ahead, give us
an address.
Mr. Wolfson: 3399 SW 3rd Avenue, Miami, Florida.
Mayor Suarez: Have you received any written request, Mr. City Attorney, or
Mr. Manager from counsel?
Mr. Fernandez: No.
Mr. Wolfson: I've requested it of the City Manager.
Mayor Suarez: Verbally, OK, fine.
Mr. Wolfson: No, in writing. Here.
Mayor Suarez: All right, the Commission could be given a copy of that at some
point, Mr. Manager, everybody seems to be interested in knowing what this
legal opinion is all about.
Dr. Alonso: Mr. Mayor, since we have done so many things out of order, I'd
like also to put on the record that my concerns for this case is the amount of
money that it is going to cost the taxpayers and that's my main concern in
this item.
Mayor Suarez: It doesn't reflect anything about the Chief or....
Dr. Alonso: I have the highest opinion of all the people in office, but it
in my great concern, the taxpayers, and the amount of money, that it will be s
double the amount that we actually have to pay if it were to take effects
today, that's my main concern in that issue. t
Mayor Suarez: At least theoretically it will be twice the amount, because
we're saying... I guess we're hearing that practically it might only affect 4
one individual.
Dr. Alonso: Six and twelve is double. `
Mayor Suarez: OK, very good, we had a motion to defer and a second. We.ought
to call the roll on that.
Me, Hirai: I called the roll, your -vote is missing only, Mr.,Mayor.,,
E.
Mayor Suarez: My vote? OK, "11 say vote is yes.
-10
}
' 'T
Y
4�
3* rr +
.L �tS,Ty
16. (A) DISCUSSION CONCERNING RFP FOR THE OPERATION/MAINTENANCE OF THE
MELREESE AND MIAMI SPRINGS GOLF COURSES - DIRECT MANAGER TO
EXPEDITE.
(B) COMMISSION INQUIRES OF ADMINISTRATION CONCERNING PRIOR
DIRECTIVE GIVEN BY THE CITY COMMISSION CONCERNING FREE ACCESS
TO GOLF COURSES BY MR. DEWE Y KNIGHT.
Mayor Suarez: We're completed with the consent agenda and we're back to item
what?
Mr. Plummer: One on the...
Dr. Alonso: Ten.
Mayor Suarez: Item ten. Thank you. Glad somebody knows what we're doing
here. Discussion concerning a request for proposal for the operation and
maintenance of the Melreese and Miami Springs Golf Courses. I want all the
Commissioners, if you don't have a copy of it, to be aware of the fact that I
sent the Manager a memo stating that at a meeting that I was present with
Mayor Steven Clark and the County Commission, it was stated to me that the
County might very well be interested in acquiring either one of those golf
courses and I just want you to know that for all the implications that it has
including the possibility that as to Miami Springs Golf Course which I think
is the one we're most interested in possibly divesting ourselves of, that the
County might want to pay us and we're always interested in that. What else do
we need to hear on this item, Mr. Manager?
Mr. Plummer: When are the RFPs going out?
Mayor Suarez: Good point. When is it going out, Ron, is his question, not
whether it's available or not?
Mr. Ron Williams: We need your approval and subsequent review by the legal
1
staff...
Mayor Suarez: Are you saying that it is presently...
h
l
Mr. Williams: Prepared and available.
1
Mayor Suarez: ...up for us for approval?
=
Mr. Williams: Yes.
?
=
Mr. Plummer: Where is it?
Mr. Dawkins: The RFP?
Mr. Al Armada: I believe the RFP wassubmittedalong this discussion item,
1
that's what I thought. But, let me say, honestly, that we've come up with a
very good document, I think, in terms of the operation and maintenance of the
'A
golf courses. I think it was something that vas drafted up in a form in whichztll
1
you would have input into it at this point., I think that what we were coming-
up with was a discussion item, to discuss the RFP itself and the parametora
and so forth and so on. Subsequent to this, then we would bring it back afters
,
it has been properly reviewed and finalized by the Law Department and, you
-
know, tightened up here and there, and then we would request authority to
issue it.
Mr. Dawkins: Does that RFP - does maintenance and operation include a person
who might want to put a banquet hall there to offset the operational coot,
Would that...
i
Mr. Armada: It could, indeed sir. Yes, indeed, it could indeed.
Mr. Dawkins: An individual wanting to do that could include that 1A their
{
Mr, Armada# Yes. 'fee, air, you indeed.
40 n
a g Ir
Mr. Dawkins: Thank you.
Mr. Armada: One critical point, of course, you know that in both golf courses
we've got contracts, existing contracts at this point. So what we're saying
is that upfront, OK, whoever is the successful bidder would have to honor the
contracts there. There'* three years remaining on a couple of them and I
think maybe...
Mayor Suarez: Just as long as we're very strict on the compliance with those
contracts and that we don't try to imply that somebody has to stick by a
concession agreement that the concessionaire has not been abiding by. If
they're in default at any time...
Mr. Armadas Well, no... yes, sure, sure...
Mayor Suarez: ...you know, let's be ready to declare them in default...
Mr. Armada: What - no, no, no, no...
Mayor Suarez: ...Mr. Manager, we'd like to...
Mr. Dawkins: This is not what we're discussing, is it? This memo I have here
from the Mayor?
Mayor Suarez: That's just for informational...
Mr. Dawkins: OK, all right, OK, because I don't want to sell them nothing.
Mayor Suarez: Well, it is relevant, though, in one sense, Commissioner, that
if they bid I think they have some kind of preference. Do they not?
Mr. Dawkins: No, see, but - yes, but the only thing I'm saying to them is,
they bought the port and I don't get nothing out of it. They bought the
airport and I don't get anything out of it and now they want to buy the golf
courses and I get nothing out of it.
Mayor Suarez: Well, they would have to pay top dollar, I mean, they.,.. dove
have any concessionaires hanging around those golf course that don't...
2
Mr. Armada: Oh, yes, yes...
Mayor Suarez: ...that don't have a contract?
y
Mr. ..Armada: Oh, no, no, no, they all have contracts. They all have
legitimate contracts, they're all in full...
Mayor Suarez: They used to sort of hang aroundthereand...
Mr. Armadas No, no, not on the golf courses, they...
Mayor Suarez: ...not have any kind of a written agreement.
�r
Mr. Armada: No, no, we've got two contracts.
.f.
Mayor Suarez: Now, you've shaped all that up?
a.S
'Y
Mr. Armada: Yes, valve got two...
Mayor Suarez: All right, anything further on this item?
We're not ready to.
vote on it, are we?
Mr. Plummer: Just proceed to get the RFP finalized.
"K�
Mayor Suarers All right, get it finalized and gat it before us as quiokl9
"
possibley please.
-14
r rg
!. Davkine: This is,,.
T
'
Mayor $uaron;Maybe December 7tb, Mr, Hag ar?-iieal veto -on
h*act Con"toston Hootinso rightP
-
t
•
0
Mr. Dawkins: Mr. Mayor, Mr. Manager...
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: This Commission passed a resolution that Mr. Dewey Knight be
afforded the right to play golf on both of those courses free. That
resolution and all was passed what was the date on that, Mr. City Attorney?
Mr. Jorge Fernandez: I believe it was earlier this year.
Mr. Alberto Ruder: Yes, it was about six months ago.
Mr. Dawkins: And, as of today, Mr. Knight has not been made aware that this
exists. Will somebody in your office find Mr. Dewey Knight today and tell
me...
Mayor Suarez: Mr. Ruder, would contact him today, please.
Mr. Dawkins: ...and Come back this afternoon and tell me that you have talked
with Mr. Knight and that Mr. Knight has been made aware of the fact that he
can play anytime he desires free at those two golf courses and send him
something in writing to present when he walks up there.
Mr. Ruder: Commissioner, I personally gave Mr. Knight his card about two
months ago.
Mr. Dawkins: Two months ago?
Mr. Ruder: I personally gave it to him.
Mr. Plummer: Yes, but tell him there's no free food.
Mr. Dawkins: OK.
Mayor Suarez: All right.
Mr. Dawkins: All right, somebody in my office call Dewey Knight and tell him
to bring the card down here. That's all right, my office will do that. They
hear me.
17. DISCUSSION CONCERNING LEASING VERSUS OWNING BUILDING FOR CONSOLIDATION
OF VARIOUS CITY DEPARTMENTS AND OFFICES.
Mayor Suarez: OK, item eleven. How are we doing on the City...
Mr. Odio: I placed this item on the agenda. We have an RFP ready to go out
to rent lease space for all of City department. I wanted to bring this back
because we still feel from the administration's side that the most economical
way and feasible way to operate the City is to have our own building- bdilt $
next to the other one. And that's why I brought this back up to gat to a $�
final decision whether you want me to go ahead with an RFP to lease space on a Y " ..
long"term.basia or should we build our own building which we fealrthsit is more
economically to do no.
Mayor Suarez: Let's hear from our new Commissioner because this is an item_{
that she...
Mr. Odios That's what... °r`z
Mayor Suar*zs ...I'm sure would like to have some input. y+',
Dr. Alonso s Mr. Mayor, I was told that this item was withdrawn from ;
agenda and I did not have enough time to look at the serious probla thaat ' j'
think I need time to examine. I have paid very close attontloA to thin :ft
z, as a citizen but not as a Comissioner and I'm not ready to give: a vpte
w Item -so 'Important to the citizens of Miami at this tim end 0Into Twill
that this was withdrawn from then agenda, I Insist that it reltaipp
y fr
$ t
Mayor Suarez: And when you brief the new Commissioner, please give the whole
gamut of the options that we have discussed, Mr. Manager, and Herb is
particularly aware of this, We have occasionally discussed the possibility of
major projects in the City which may be, as an ancillary feature, might give
us some space. And you know which ones I'm talking about. I'm talking about
an exhibition facility, I'm talking about a performing arts center, I'm
talking about a new baseball stadium. If there's any way that we can solve
our space needs in conjunction with any joint public and private project or
any public project, at a less cost to us than building a whole new building or
leasing for 30 years space that we may or may not need 30 years down the road,
I certainly would hope that the Commissioner would be apprised of that and
that we would have it under consideration. That doesn't preclude issuing an
R>!P. We do have space needs, apparently. You had told us before that we
needed to locate 451 employees. I always got a kick out of the 451. I was
wondering who that one individual was. But, anyhow, around four hundred...
Mr. Plummer: No, the half, the half.
Mayor Suarez: ...four hundred fifty-one and a half.
Mr. Odio: I can hold like we are but what we're really looking for is a long
term solution to the office space.
Mayor Suarez: Of course, when you tell us you can hold as we are, you're
already kind of implying that maybe we could save a lot of money and not do
anything.
r
Mr. Odio: No, we have contracts that we bid on short term waiting to see the
final solution on this.
Mayor Suarez: Yes, we do have about four - what? -six or seven outstanding
leases that are sort of helter skelter, some with different terms than others
and different locations. The whole thing makes sense to consolidate, but I
don't know to what extent it makes sense to build a whole new facility.
Mr. 4dio: Well, we're saying that we paying a lot of rent a year.
Mr. Plummer: Mr. Bailey.
Mr. Herb Bailey: Yes, Commissioner. �~
Mr. Plummer: What was the, as I recall, was the need for 150,000 square feet?
Mr. Bailey: To house the...
Mr. Plummer: Four hundred and fifty-one and a half?
Mr. Bailey: Including the Commission and the Manager
and to provide other
ancillary services.
-
Mr. Plummer: That was 150,000 square feet.
'
_
Hr. Bails ys A hundred and fifty thousand square feet.
that 'i: the maximum:'
'
We can adjust that accordingly.
H
tom;
Mr. glummer: How many.square feet in the Dinner Key Exposition Hall?- y
Mr,_Bailey: I'm not aware of that, air.
,
Mayor Suarez: And let me say, as long as you're..,
1'
Mr.,,rlummer: And that puts everybody right down here where people don't have,
to run all over hells half acre. Mr. Manager, how much
subsidy are we x1vt
to they Dinner Ksy Kxhibitio4 Hall?
Qdios tipne,
y
Hr. $ltOr i . NQnp?
Y f
rt?io
mrw Flumn rs It,* bsaakiAl ovens
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Mr. Odio: We're going to make money this year, as a matter of fact.
Mr. Plunwmer: but we wouldn't have to spend anything other than to allocate
the space as needed, correct?
Mr. Odio: we'll probably spend more money converting that building into an
office than what it cost to build another one.
Mr. Plummer: But wouldn't that, in turn, turn around and eliminate the need
for a million eight a year in rent which we're paying to private companies?
You could build...
Mr. Odio: Cotanissioner, I hope - we just spent seven million dollars in that
building to make it a first class convention facility, to bring business to
the City. I hope you're not saying...
Mr. Plummer: At best, it's half ass. -
Mayor Suarez: At least...
Mr. Plummer: At best, it's half ass.
Mr. Odio: It is not.
Mr. Plummer: You got to transport them back and forth, cause chaos, which you
had during the ASTA convention. You know it, I know it.
Mr. Odio: It was the best ASTA convention in the world, ever.
Mr. Plummer: But that doesn't mean that they didn't have major problems.
A Mayor Suarez: In the history of the civilization; as long as we're
exaggerating.
Mr. Plummer: I'll tell you something, the more I think about it, you could
take over that, use as administration building, take that 1.8 and build a good
-� exhibition center somewhere.
Mr. Odio: Sure.
_ 3
-j Mr. Bailey: One question I'd like to ask so we can determine how we proceed.
The two...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
=� Mayor Suarez: Yes, just brief the new Commissioner. *�
Mr. Bailey: I understand, but there's one question that has nothing to do E
with whether we do or not. We just have to know how we should proceed in }
terms of discussing with her. w
Mr. Plummer: You don't proceed until you've talked with her and bring it back
up afterwards.
Mr. Bailey: That's correct, but we want to know whether or not you want to 3
commit yourself to the Government Center or whether or not you want to lutve t k"�
the Commission as a part of the new facility. That's the only question we
have. That determines what we do.°
Mayor Suarez: Now, now, wait a minute. That's two questions in that. Ono:-' �r
is, do we want to commit ourselves as a City to a particular location? l
�y think this Commission ban..
Mr. Bailey: To the Government Center, yes.
.art x
t
`r; P
Mayor Suarez: Right, to the Government Center. This Commission, hda deoltIN
T
with that, has struggled with that question cad has reached go 00401i94. ` 4;
` dnn t think that we've going to be able to roach one to y.
_ Mr. Ulley: OK. �t ,
AWOL
i'
Mayor Suarez: And number two, on the issue of whether this Commission - the
chambers and our offices are located in this new building, with the new
i Commissioner on, we're going to have to get into that again. I think
y Commissioner Dawkins has been in favor of that. I think the prior
—'� Commissioner Kennedy was against it and I had basically been against it up
till now, but I'm very interested in hearing her opinions. Because...
Mr. Bailey: OK, we will discuss both issues with her.
Mayor Suarez: Yes, because Herb, and Mr. Manager, as long as J. L. is being
creative enough to consider that other facility, I'd also hoped that we would
consider this facility. Now, up to now, we have been thinking in terms of
whether we move the Commission and the chambers out of here into this new
building or not. One thing we haven't really thought about is, If we did
that, for example, why couldn't we gut this building - I don't know how many
square feet it would produce - and use that for preserving the historic nature
and all of that and use that for administration offices and this Commission
and the chambers be moved to some other facility? And that is a possibility
too because there are quite a few facilities being offered to us that would
have a very nice Commission chambers, slightly larger than this and slightly
more comfortable and many other aspects to it. I would hope that this
building also would be considered for that. And I know that that follows the
thinking of some of the other commissioners that - it had not been my thinking
up to now - we do have a new Commissioner who may or may not...
Mr. Plummer: Still tell you the best deal was the Dupont Building.
Mayor Suarez: Yes.
Mr. Plummer: Could have bought it for $14 million dollars.
Mayor Suarez: And there's one Commissioner that feels the best deal was the
Dupont Building.
Mr. Plummer: I'm not going to be around to remind you. That was the best
deal in town.
Mayor Suarez: We hope you're not around to remind us about that deal.
Mr. Plummer: I will be.
Mayor Suarez: All right.
Mr. Plummer: Two hundred and fifty thousand square feet for $14 million.
Mayor Suarez: We've had five different opinions on this, Commissioner Alonzo,
I want you to know this...
Mr. Plummer: Oh, I don't give up easy.
Mayor Suarez: Yes, he doesn't give up.
i
-------------------------------------------------------------------------
IS. PEOPLEMOVER ALIGNMENT: (a) APPROVE METROPOLITAN DADS COUNTY'S PROPOSAL
CONCERNING DEVELOPMENT OF TWO STATIONS AT BICENTENNIAL PARK AND PARK
WEST - GRANT METRO RIGHT-OF-WAY USE OF BICENTENNIAL PARK AT NO COST TO
CITY - GITY COMMISSION COMMITS NOT TO SPEND ANY OTHER MONIES -
AGREEMENTS WITH MIAMI MOTORSPORTS, INC., TO BE HONORED. (b) MAYOR
SUAREZ PROTESTS MIAMI HERALD'S RENDITION OF EVENTS CONCERNING NON-
ATTENDANCE AT A STAFF WORKSHOP ON METRORAIL.
------------------------------------------------------------------------
Mayor Suarez: All right, item 12, I think, we're on. OK, what do...
Mr. Plummer: Mr. Mayor, I met with the people from the Metro and we went all
through this. I have not changed my mind. There's a number of issues here.
One issue is 2nd Avenue, that, to me, is a devastating issue because they're
possibly thinking about closing one lane of a very main thoroughfare. The
second issue is an additional station in Bicentennial Park, and I don't think
that we really accomplished a whole lot at that meeting. I think that the
County would be cutting their own throats if they, in fact, closed N.B. 2nd
Avenue because they have to have that thing open for the use of the port. I
still contend on the Bicentennial Station in which they, on their own accord,
stated that the ridership is zero. I think it's three to five million dollars
of a wasted amount of money. We have three access stations from 2nd Avenue to
the Bicentennial Park, and I think that station, if you want my opinion,
should go up immediately adjacent to where the performing arts is going to be.
I'm just reporting back to you. I sent all of you copies of that meeting.
Mr. De Yurre: Let's make one thing clear, the performing arts, where it's
suggested that it be. I don't think there's anything definite here that it
ever is going to be there.
Mr. Plummer: Well, OK, but I'm saying is, the potential there for the
ridership is a lot more than what they said Bicentennial Park was zero.
Mr. De Yurre: Bicentennial Park is a potential for a baseball facility, then
you'd have a stop right there.
Mr. Plummer: Well, you know, I...
Mr. De Yurre: Yes, when you think about it.
Mr. Plummer: ...I respect your right, but I don't think that a baseball
stadium should be there so that'a what I don't put that into consideration
}
for.
Mr. De Yurre: I know, but I do, you know, so...
Mayor Suarez: As long as we're talking about that meeting, which I believe
you were the only Commissioner who attended it, let me put this on the record
and I don't usually get into arguments with the media, the local media that
covers City Hall, but, lately, I've been noticing that Miami Today has managed
to distort three different items, not to mention the editorials which I never
pick bones with. One of them was this. Now, this meeting that we had, this
is
workshop, was not called at the request of Commissioner De Yurre, I think,
x
they mentioned, and myself. This workshop was called at the request' of
Commissioner Plummer and some others who had doubts as to the use of
'
Bicentennial Park for a Metromover station. So I had absolutely no intention
of attending it and did not miss, quote, unquote, a meeting that I requested.
Y-
I hope Miami Today begins to straighten up their act. They don't seem to get $
z
one story straight in the last couple of weeks. They also said that we
deafsulted on the Omni Development District. I got a kick out of that, Sep
Matthew Schwartz back there, maybe.you planted that in their minds; Matthew;
but that certainly wasn't what happened. Then they keep insisting that
Bayfront Park, the completion of the south and of Bayfront Perk has beep
delayed for two years according to Miami Today, because of the possibility of
fx
putting parking underneath there when instead, we of $750000 worth of
h resoddi that company g
� - from P y` just to keeap, a� a ppsebi`i.ity,, paricing.'thiR��
whibb>they have now totally waived. And, you know, how one newspaper cep Est ;
throe stories so wrong in two weeks is beyond ane ♦ I don't ?wow. i hope Miry
'do#It< irtart copying the gather newspaper In town which I won't ariat��►n` �r �
came of the other newspaper, I Poo Carl around bore some pros, Aayht, . , B#"
v
Mr. Plummer: Just for your edification, the workshop which I did attend and I
did call for, the first thing that we said from the beginning that it was not
a meeting of the Miami City Commission...
Mayor Suarez: Exactly.
Mr. Plummer: ...it was a workshop and any Commissioner who wanted to attend,
I think you'll find that in the record.
Mayor Suarez: I didn't even request the meeting. I was happy to schedule it
=
for the information of Commissioners and actually now, we have a new
Commissioner who may want to give further information on it. In any event,
what are we doing with this item? Are we in a position to at least be able to
continue the progress towards the routing or do we still have a problem that
this Commission ought to resolve as to Bicentennial or what? Where are we?
Commissioner Alonso, did you want to inquire?
Dr. Alonso: Yes, I want to clarify my position about Metromover. I have been
an opponent of Metromover for a long time because in my understanding,
f
Metrorail and Metromover has been a waste of money of the taxpayers and it has
bothered me tremendously through the years. I'd like to clarify that from the
-
legal point of view, I checked with the administration and the attorney, the
City Attorney, because it was my desire to try to stop Metromover at this
particular time. Legally, I'm not able to do it and the City Attorney will
clarify to that, that I did inquire and try to and was inclined to take that
position. After checking that legally, use did not have the power to do so, I
started to think it was best for the City of Miami, that it is my duty as a
_
Commissioner. Had I been here in 179 and 181, I would have voted no to the
three and a half millions and the seven million that it's going to cost us
_.
taxpayers. One other item I want to refer is, whenever we talk about the
Metromover, we like to mention seven million. After checking with the
-
administration, we have come to the conclusion that this is going to cost - it
has already been committed - over ten -and -a -half million for this project. We
are talking more in the neighborhood of 14 million, and it's going by the end
-
of this project, probably cost the City of Miami, $20,000,000. I want to put
in record and I want to be very clear that whatever action this Commission
takes, and if it's a positive action and we go ahead, we make it very clear
that we are not to provide any extra funds of what we had already committed.
I believe the amount really is not seven million, but it's ten and a half. Is
_
that no, Mr. Manager and City Attorney?
Mr. Odio: It is seven point two and if you agree...
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4
Dr. Alonso: And three -and -a -half ?
�<
Mr. Odio: No, the three and a half, we already paid,
Dr. Alonso: That's right, so it's ten -and -a -half.
Mr. Odio: The total commitment made in 1979...
;-
Dr. Alonso: Yes.
Mr, Odio: ...was ten point five.
to ' Mayor Suarez: She's trying ` '" ' <
get the total figures ure so she's correct that"
Dr. Alonso: Ten point five, yes, so whenever we refer to this item...
Mr Odi Y
o: NO
;
:
Dr. Alms*: ...I think it's wrong to say that
it's seven million When, is
goes it's ten and a half.
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wx
i dioi The total
�.
r! A4*Pso: Mo that. vas as a Commission, pno the
Sit
#Re4a Yost!
Mr, 04101 The real...
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Dr. Alansa: It's ten and a half.
Mr. Odio: Yes -
Dr. Alonso: Right. OK, now in reference to the...
Mr. Plummer: Well, that's not the total picture.
Dr. Alonso: Well, no, that's what I'm trying to make it that the total
picture...
Mr. Odio: If you....
Dr. Alonso: ...and I'm trying to clarify that the City of Miami should not be
using extra funds. It should come from somewhere else, but the City of Miami.
Mr. Plummer: Well, tfadditionalsubsidy for the two extensions.
looking
at $1.8 million dollars o
Mayor Suarez: You're talking about operating or capital?
Mr. Plumners It's operating, I'm assuming -
Mayor Suarez: OK, because
utgetnow,
intowe're
the operations,about
let sthe
monies for the
capital improvements,if you
Mr. Odio: No, I'm...
Mr. Plummer: No, but I'm saying, when she's talking about what it's costing
the total cost, remembering...
Mayor Suarez: Yes, if - I just want to clarify whether you mean for the
operations of it.
that the City of Miami pay 30 percent
of Metro's dollars,
i
-
Mr. Plummer: •••
every $1.8 million, 30 percent of that comes from the City
of Miami taxpayers.
Mr. Odio: Just to put it on the record, and...
,t
"
Mayor Suarez: For the operating deficit, you mean.x
-
Mt. Plummer: Yes.
Odio: he numbers that Commissioner Alonso is
referring to is $1".6
Mr. ...and
for the S.B. lot Avenue extension, $1.5 - this is
possible cost
million
million for thhe laad,oa 3e�c1-Avenue.
e.Park West station, that's t
Dr. Alonso: How much?
Mr. Odio: One point five.
Dr. Alonso: That land is very cheap now.
7
for Bi'oentaanial Park
atacioa"
Mr, Olio: Two point one ;million -the
Plus the
$1O.5 million disiss�
gave them the land to build the station there.
we alrsady''aommitted_to.
-'
Mayor-Suareza '=Let ms.. Commissioner, are you..
Ola�ua?
.,.
lummer: from, Sam:ta.
M r P:Did that list coma
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Dr. Alonso: So I want to go on record as saying, had I been here, I would
have say no twice and - but we are committed to paging that amount, so we
should look for ways to get the best advantage for the City of Miami. I
think, in regard to the station, I think that after looking at the obligation
of the City of Miami with the Grand Prix, and looking at the location of the
station that it will not affect the obligations that we have of the Grand
Prix, perhaps what we can suggest is that we reserve the air rights over the
station in order to do something that we consider is a project that will
benefit the City of Miami, an observatory over the station.
Mayor Suarez: Yes, what about the possibility of reserving the air rights as
we deed or make available the property?
Dr. Alonso: And I think that...
Mayor Suarez: Not only for an observatory, we might be able to sell it
commercially.
Mr. Odio: No problem.
Dr. Alonso: Yes, I think that will be something that will be very attractive
for the events. It will picture Miami as a City of the future and I think
It's a good opportunity.
Mayor Suarez% Although, be careful, because I see Jack Luft over there
getting ready to draft an observatory over Metrorail station and come up with
some kind of a futuristic thing.
Dr. Alonso: Of course, having on record that I'm against Metromover, having
it on record very clear that I'm not willing to provide any extra funds from
the City of Miami, only what we have already committed and we are legally
bound.. Therefore, I have no choice but to go along and try to get the best
for the taxpayers and the citizens of Miami.
®
Mr. Odio: Just for the sake of clarification, if the decision is made today,
Commissioner, you will agree to the acquisition of
the land on 2nd Avenue
which is the monies that I mentioned before.
Dr. Alonso: I think that in such a serious case, we
should really defer this
item, discuss it to the .extreme. They have taken many years to look ahead -for
this project, it's not going to change a little bit longer in order to protect
what is best for the City of Miami.
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-
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Mayor Suarez: You know, she had already enunciated
for her stand as to her
-
vote on what we have a legal commitment to do. So lot me ask. that question.
What, as to that particular specific item, what do
we already have a legal
commitment to do as to the 2nd Avenue acquisition?
Mr. Odio: We have a commitment... We had a commitment to had paid the seven
million by this year. I made an agreement...
Mayor Suarez: No, the total figure I don't think she
n �
quarrels with.
Mr. Odio: No, no, I know. We made an agreement with
the...
Mayor, Suarez: I know we don't quarrel with, but
the acquisition of that
particular parcel, what is our legal.commitment as to
that?
— .
Mr. Odio: None, at this moment. You would have to agree that we... x "
Mayor Suarea: What is the alternative, if that's not
the...?
Mr. Odio: They will take one lane from 2nd Avenue.
Dr. ,41onsoj Aa you r.soor they make it. very pretty � f or : ur, : eitb.�x' � iQ�e �
Uno or voacquire the, prgpertis, a..
Mayor Seams , Well - there _has to::be :somo property, .othervise lihe: t�
�a
gtf>>��h�'Qb � h¢,::,:; �b�►i��ly.:. 8�, �r� have to have
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as ait+��aat�vo, d
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hltlrantiv+a it they would take one lone?
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Mt. Odio: There is another alternative and I'm going from memory, if we
don't, we could also reallocate...
Mr. Jorge rernandez: Deviate.
Mr. Odios ...deviate the 2nd Avenue and rebuild it to keep the three lanes,
but I felt, and I still feel, that it would cost more than to buy the land, so
that's why I didn't...
Mr. Plummer: Well, why can't they use the money instead of building the
station in Bicentennial Park, why can't they use that money to acquire the
property?
Mr. Odios If we don't build a station in Bicentennial, they will build one in
the Herald Plata, which is the next stop.
Dr. Alonso: Yes, the only thing that we will do if we don't get the station
that it's good for the City of Miami, especially looking ahead in the future,
is provide a free station for the Miami Herald.
Mayor Suarez% Yes.
Dr. Alonso: That's all we're doing.
Mayor Suarez: Yes, that alternative doesn't sound any more desirable than
doing it at the station.
Mr. Adios So, I guess, if we can take one at a time, the...
Mayor Suarez: Yes, we're doing two, but Commissioner Plummer was logically
pointing out that if they didn't spend money on one, they might be able to
spend it on the other one. The problem is that they are obviously determined
and really, J. L., I think there's - a station is needed somewhere in that
juncture, either the park or the...
Mr. Plummer: Well, Mr. Mayor, my point is...
t
Mayor Suarez: ...or the property right at Knight-Ridder. ;
Mr. Plummer: ...if you look at the route presently, you have three stations ti
that access beautifully to Bicentennial Park. You have the Freedom Tower
station, you have the Park/West station, and the llth Street station, which
Mayor Suarez: Are you saying there may not be any station needed from that
point there where you have the...
Mr. Plummer% You already have three that access the park. '
Mayor Suarez: Where's the next one, Elbert?
k�
Mr. Plummer: The next one is Bicentennial.
Mayor Suarez: No, no, if we ` skipped that one...
Mr, ,Plummer: Eleventh Street. 'k
Mayor Suarez: ...where would be the next one after that one?;
Mr. Elbert Haters: Eleventh Street, Mr. Mayor. -
MayorSuarez: Eleventh Street now heading in a westward direction?
€ `
._�
. wamsr: That's correct. You have three within ?easy xwlkisy� i t pl: ,h`sa4
Ei+ emteaa al Park. When they put on the record that their expected ride �► � ��
^�' :.
.
.that Particular station in Bicentennial lark W46 hero.
"ayur Suaros: Heil, because nobody's us the park r bt ter, t� r
pefui'ir , the :tat ox` vould,
# h, Ire* untolrtwatoly, s VeOPlQ #Vo mv�
p/i/
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oys •t
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Mayor Suarez: Not for the purposes that it was intended.
Mrs Plummer: Thirty Million dollars we spent.
Mayor Suarez: OK, I see your point though, I see his point. What about
that? -Elbert, Mr. Manager, whoever. What says that we have to have a station
somewhere between Bicentennial Park and the Knight-Ridder property?
Mr. Odio: I have said that and I feel that we do not need, at the present
time, a station in Bicentennial park, but you will need one and when we do, it
will be too late.
Mayor Suarez: Why? Why will you need one?
Mr._Odios Because in the long term plans, the Master plan that you approved,
calls for development of restaurants in the park and other activities and you
will be, I think that it's not looking ahead.
Mayor Suarezi In other words, to enhance the use of the park from our
perspective?
Mr. Odio: To improve the use of... sure.
Mayor Suarez: And because of the possibility of a performing arts center
somewhere in that vicinity?
Mr. Odio: That's true. No the - well...
Mr. Plummers No, no that's on the other side of the expressway.
Dr. Alonso: Not necessarily, the performing art center has nothing to do
really with this station.
Mr. Odio: No, no, well...
=
Mayor Suarez: No, no, no, I think it does
because you need a station close to
it. -I mean, that's part of the argument we
made to the County.
Mr.,Odio: -According to the plans that I've
seen, if it goes into the property
in .the. Omni, as we want, the Herald will pay for a station. {�
Mayor Suarez: Ah.
Mr. Odio: Will pay, but...
Mayor Suarez: Do you think we can make them pay for or donate the land?
-
Dr. Alonso: Oh, they have offered to pay.
Mr. Odlo: They will pay, but the thing
is that Bicentennial:- what 1-4 w.
thinking of is the future.
Mayor Suarez: OK,�,so.that doesn't free up
any... or it does free..up dollar# k
then, because that's what J. L. was asking.
It would free up -dollars.:.
Mr. Odio: No, no, it does not free up dollars.r
Mr. Plummers What are they going to spend
that three to five million dollars
for?
Mx. Odio: They will make another...
Iacgv4s*016v
Mayor Suaresx Oh, it's for the construction,
It's not for land, Y a dl:
It!* _ for construct ion. -
Mr, 00ios - =It's only- for coustruction,
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V*yor`.SuarsscOh, X1 ,` I` got your I .got yoW1
faA ,,/� •"::;. .-:.
v - ?.f fa,y x z ', �Pr`_: `i>vY'a.�
Mr. Piummert It's for building the system.
Mr. Odio: it's for constructing the station.
t
Mr. Plummer: And acquisition is part of it.
Mayor Suarez: Well, they're saying that they would get them for free from
Knight-Ridder or from us in the park. Either May they would get them for
free.
Mr. Odio: Sure, sure, sure.
Mayor Suarelt I see.
Mr. Odio: We asked them we asked Metro to put the station there, they
didn't ask us.
Mr. Plummer: No, we didn't ask it.
Mr. Odio: Yes, we did, sir.
Mr. Plummer: No, the administration came up with a pipe dream of asking for
Mr. Odio: I said we did. I'm saying I did.
Mr. Plummer: We, the City Commission, never even got to discuss the item
until a week ago.
Mr. Odio: No, you didn't. No, no, no, I did ask but we are charged by you to
plan ahead and that's what we did.
Mr. Plummer: Yes, but we also charge you with checking with the Commission.
Mr. Odio: And we did. It's your decision. If you don't want a station
there, fine. -
Mayor Suarezu OK, but have all the options now, -I mean,: in either way, it
doesn't create much of a problem. Commissioner Alonso, are you prepared to }�
vote on the issue of at least tendering the location of Bicentennial Park as.a
possible,site7 Ant
Dr. Alonso: Yea,. the only thing I think that - in such an important . itam, not `
- only; I, but -the rest of the Commission...
Mayor .Suarez: Oh, • you want to defer that part too. '
' Dr. Alonso: ...should -really look into all theavenues and possibilities. „Y
think that the Metromover•because now, today,.Notromover, neither Metrorleii, ,MAI
meets .the: needs
"the citizens and it has cost us tremendous amount of money.
Theae, kind :of facilities are - for the future, so if we are looking atthe
future of Miami,. I think it's a very intelligent decision to have that,stop.
planting - for the future:-andthe' plans that,# according:•to 'the:�adnInistration,'i •.� r
have seen what's going ' to take,.piace; in- theft particular : location and lookla 5
'. ahead, it is a smart to make the move to have that station in this particular k„
place and let the Herald pay for "the other- station: 4 `R
the other one is built. Mayor Suarez: if
Mr Odios Carlos Bonzon . is .here now . from the County if you `waRt tQ aesk bled <i ;;
that question, I'm sure...
Mayor Suarez: Let me nay before the County official is... tia4aea,issi4r� r t
the odyssey > of the Metrosuevetr oxtenelom gc►es bOyood �40010 of the; tblu t pQu Yl� r ��
stated and is really just quits At story. Lot me say, that ;100 "� thl�: a �r#r�►*� N ��'�
**barrassing +o at for the • county, I was present. at the eaasetin$ tt#e ; -
— Metropolitan 214A LAS Organisation when I started I4- 41vitea tb+� fnttd � {fig
Just'`"Ifts' =you , were 491v v : you we.
funding of the $240, 000 * 000 projects and UO *7�
Meseant;�e�li the salw stions y** ware aektsg V'oday. a# POW��
t fuig* And to Glad b9i#ot�,', onl�k�" � �itu+�ti�� �►'rs► ��4 �
Wu
441t-'=1*�►ti!t avoa 44 sily g t t#s{ ouf gC '
A o �
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our planning staff. In the case of the County, nobody seemed to know what the
County's contribution was. In fact, I pointed out that, I think, if I
remember correctly, and I think J. L.'s been involved in this, all of us, it
was $187,000,000 from the federal government roughly, $7,000,000 from the City
plus another three that you dug up that we had already allocated so it's a
little bit over ten, almost eleven million, twenty some million dollars from
the State, etcetera, etcetera. I went through all the components, special
taxing districts. Don't we have a couple of special taxing districts? What
are they providing?
Dr. Alonso: Um hm.
Mr. Odio: This tells you exactly where...
Mayor Suarez: Yes, except nobody seemed to have this at the time.
Mr. Elbert Waters: Twenty four million. +-
Mayor Suarez: Twenty four million dollars from a taxing district located in
the City evidently, since that's where the system is and then I asked, what is
the County's contribution? I really, honestly, didn't remember if there was a
County contribution. I didn't get an answer and afterwards, one of my staff
members came up to me and said that he thought it was a grand total of
$700,000. Now, is that correct now that we have a County official here? Are _
you able to tell us if the County is contributing, let's see, less than seven
hundred thousand out of two hundred and forty, that would be about a quarter
of one percent or so or half of one percent.
Dr. Carlos Bonzon: Mr. Mayor, first of all, good morning. The County's
contri...
Mayor Suarez: That's a good start to answer that question, Carlos.
Dr. Bonzon: The County's contribution towards the $240,000,000 is $272,475.
Mayor Suarez: Oh, two hundred and seventy-two thousand.
Dr. Bonzon: Four hundred and seventy-five. Now, the County...
Mayor Suarez: So that would be point one percent. One, -tenth of one percent.
And the County - this has to be put on the record. The County acts as if the r^`.
- County was doing this project, in the City of Miami, with City of Miami, '
Federal, and State funds and the County acts as if it was doing it... 11 get"a
big kick out,of... I'm not saying .you're not a part of it, and I'm not saying ;
you guys weren't partly instrumental in getting us the federal funds. And I �=
may, partly, because the main credit goes to Congressman Bill Lehman, aid.I
see Chamber of Commerce folks back there that also were instrumental in that.
All of us were. But the County acts as if it was doing this` project and the
County is contributing almost _nothing to the capital portion of
want to put that on the record. They've contributed a lot to the other
portion of it that doesn't work very well.
Dr. Bonzon: May I remind this Commission that the County also participated in
t jri r'
the preparation of the EIS financially and also the County will...
Mayor Suarez: The environmental impact statement, for those that,might'not
know what EIS is.
Dr. Benzene That is correct. And the County would also be responsible for.
the operation and the maintenance of the system once -it's in place. Y�
!leper Suares: Yes, we were going to clarify that. "G«
Mr Plummer: Yes, but, where is that money coming frm?
Dr. Boaaon: The general fund. "
- Br. Plwamer: Whero does the general fund get 30 percent of its Money fT61R
y
pr, A *swo: That's right s
,o,
�� f fir, kilo oAr " i, ` aaUXa-: ►t� you 're asyl�. ,. r fi e � __ � � t ���� �� �� �`il
A
Y
,y
-
4 4'y -
Mr. Plummers From where?
Dr. Bonzon: I realize what you're implying, Commissioner. City of Miami,
yes.
Dr. Alonsos Yea, so actually it's a County plan, but it's paid by the
citizens of Miami. No wonder they say yes so easily.
Mayor Suarez: All right, now that we've established that basically this
project is being built by the City - the extensions are being built by the
City of Miami, the Federal government, and the State of Florida, with some
County involvement in planning and so on, what else do you want to tell us
today?
Dr. Bonzon: Well, my presence here after - this is the third time I've
appeared before this Commission, as you well know. The first time the items
were deferred, we held a workshop, I appear, I present a detailed presentation
on both legs of the alignment. The items that are before you again and we
request that you go ahead and accept your administration's recommendation and
approve the two key items that is the Park/West and the Bicentennial location.
Mayor Suarez: OK, the problem we're having, I guess, is with what you call
the Park/West one, right? The one on Second?
Mr. Odios Can I ask Mr. Bailey...
Mayor Suarez: And I think the Commissioner has asked to defer action on that
and I believe you are ready to vote on the Bicentennial location, or not? Or
would you want to defer on both?
Mr. Odio: If I may, Herb Bailey was just pointing out something to me on the
Park/West property. If you want him to explain it for a second...
Mayor Suarez: Is there a less painful alternative that we might be able to
vote on today?
Mr. Odio: Well, it's... k
LL
Mayor Suarslz: Herb.`
Mr. 'Herb Bailey: We've committed to become involved in the right-of-way
acquisition to the tune of a million dollars. The way it looksin-that, the aid
City of Miami would probably be paying the million dollars.
Mayor Suarez: Is that -from the tax increment fund or is that...?
N.
Mr. Baileys It will be coming from the tax increment fund, but actually what r
is= -happening, we have to acquire that property anyway. And what is happening
by the...;
t
Mayor 'Suarezt We have to acquire it anyway because it's part of -our
development effort?
Mr. Bailey: It's,
y part of our redevelopment activity and, of course, it is an, �. .
Important station -for us And what is actually happening is that the county 'a'_'`
going to contribute a million dollars to that acquisition, and we're going to..
give them the right-of-vay: That's actually vhat's happening.
Gk tl.i1* y� ' yV _
Mayor'Suarez: Wait a minute, let's get that clear now.x
Mr. Odio: Sot in other words, the way I P.C.
Mayor Suaross Are we hearing that- ali of a suddso, there is a mUllon del
coming from the County from the next.., oh, you mean from their tax inar+emgat,
i
;. H r. Odio: No...
fi
Nr. gnilsy: bell, it's a two,.. �
X 2
F
SIC. Odi4� 1�,�" 2o, 40. ownty.. !#s' alrl#tJ►a�;� #ins;\ + L � = "�' `
prorSagto d :to you eras f Uty/fifty. That the City "uid pA
the County would pay fifty percent of the acquisition of that property. Ifwe
don't buy it, than the City would have to buy it anyway and it would cost two
sti 11 ion.
Mayor Suarez: And we Mould have to buy it anyway because...
r
Mr. Odio: Because of...
Mr. Baileys Well, it's a block - it's part of our acquisition process and
it's on the west side of 2nd Avenue.
Mayor Suarez: And what street? k'e keep saying the avenue, Me never...
Mr. Odio: Second avenue and...
Mayor Suarez: ...between Sth and 94h?
Mr. Odio: What is the street, 9th Street? Ninth Street.
— Mayor Suarez: Between Sth and 9th.
Mr. De Yurre: Mr. Mayor...
Mr. Bailey: So what we felt that if and in a partial take caused the property
to be considerably much more expensive. So we struck an agreement whereby
they would contribute 50 percent of the right-of-vay costs and we would
probably be paying us a
contribute the balance. In actuality, they will pro
4
million dollars toward the purchase of the entire block.
Mr. Do Yurre: Mr. Mayor...
Mayor Suarez: That's an interesting explanation. Commissioner De Yurre.
Mr.- De Yurre: Yes, I just want to get some clarification because from
listening to Commissioner Alonso, it is my understanding that she will note
vote' in favor of one additional penny being spent in this project beyond the '
tan million that have been committed already. That being, the case, than
there's one vote already against any additional monies being used...
Mr. Bailey: One minute. Let me explain the funds though. There are...
Mayor Suarez: Well, but he's trying to explain that this was a separate
e fund. The � tax increment fund
planting objective of the City and, a se arat�}
from Overtown/Park West.
Mr. De Yurre: And what we're going to use that land for?
Mr, Barley: Development. We put it out to bid and continue the development
that we've already started.
8 <
etromover extension - statioa ♦e n ;
Mayor Suarez: If we didn't use it for a M ,
would have other. alternatives,-,
'w. F
Mr. Bailey: We would have alternatives for that particular block, yea. x
Mr,_Ds Yurre:- Well, so.then.we're not getting anything. ,+^
Mr, Plummer:. Yes, but: then You' got Part of;thst_ Pr*Ps rtY,-that can't be us1i4.` " }
Dr. Alonso: That's right p -
2+�y
Mr, Galley: How's that? h,4
1 _. •.. .. .t - - r Sui%2 f. F S«'� +�. �.. q�}y., 4 �i. .t =
z Mr,,, De Yurres ;.So we're -sot going to, get ,snyth1Ag-
,.. V RN
F Mr, Bslleyi ii011, it's being used but it's Putting in SA 'onh&Aco=At r =
v
Mr, Pluaoimer: Not with the ststioa oo the P �9l that'g►,
---------------
Mr. P�tiey�To, lxtt It's ss AAhsus Brut beo#ue�! •t �Wtkee _
Pl shl r�Ps apes ' s t .� you r U14" Pappor
1�Y , if .„ rr .',r ,« t s tw � " V° k ��u f*. ,� r�� . 'i++� a� � xM �'w"y^t %�,. � �}�f.•�""F'i � ���.
WE Ill
- �,� .rk5-. -.. - _ - _ _. . .. .. 1 i . ,. •6 �.uv-�i..> vs,'iN,•.. fib?}',eb.:. _
A
F:,
Dr. Alonso: And it will cost us much more, so we have no choice.
Mr. Bailey: And it greatly increases the value which greatly increases our
tact increment contribution and we give us more bonding capacity, it's an all
around benefit for us.
Mr. Plummer: You hope.
Mr. Bailey: Well, it's been working that way so far.
Mr. Plummer: You hope.
Mr. De Yurre: Question. What would happen...
Mr. Baileyt Oh yeah, the air rights too that you've asked for.
Mr. De Yurre: Herb...
Mr. Bailey: Yes.
Mr. Yurre: ...what would happen if we vote not to purchase? What's the next
step? The station doesn't get built?
Mr. Odio: No, no, no, they build the station on one lane of 2nd Avenue.
Mr. Bailey: Well, we can't afford to have the lanes squeezed to two lanes
anyway.
Mr. Plummer: No, they can't afford it.
_ Mr. Bailey: Well, we have a problem too because considering the amount of
impact that we're going to have as a result of our residential and commercial
development, sere going to need that traffic access and if you squeeze it
down to two lane, it's going to impact on that traffic involvement.
Mr. De Yurre: Let's go back to Bicentennial Park. Where, if they don't build
it on our side of the property, where would they build the station?
Mr. Plummert On the federal right-of-way.
Mr..De Yurre: And that wouldn't cost them anything at all?
c
Dr. Bonzont May I:answer.that, Commissioner De Yurre?> We have basically - we
will go back to our County: Commission with a recommendation to either delete
the station altogether or to relocate it to another site.'
Mr. De Yurre: Isn't there a commitment to this configuration'that exists here
u
right now?
Dr. Bonzon: Yes, sir, the...
Mr.. -Do Yurres Including_the seven.million dollars that-are;.left-=to-be part is k*
contingent,on this configuration:
Dr. Unzoni The scope of work is set in the agreement we haea with ;the
rJ .
federal government, yes, sir.
K
Mr. De Yurret So, there is a station at Bicentennial Park. �
Dr. Bonzons: Well, but the federal government doesn't haves tansy `obj*ctlons'
us:eitbsr deleting that=particular station or relocating it,
Mr. Do Yurre:: I ao, ao, ,.but I!st, going back ,to the City. Our cocsaitmoni 19 s� -
this. if you go ahead and start changing it, then we don't have a coesanit�R
M for the balance of _ the seven million dollars,'
F Ds. Boazon: Vaat you're saying is correct, but the reasoDr�. a. -
t
14
'i' sip �tur'i�t .fit want to that clean
t
Dr.... BQas+�aa . » , that station was placed t s , the V44orku t gts
, ,
gl.aeRsl tDro issssa the City re quested that re place .the a =ems
ing to
start pu
know, the
lion do]
I that
s the mo
amn much
money.
of Miami
spend.
much? -t
that
g to me
the -doe
I have
citizen
the risk
ctually
it more
f the or
eating
to prop
propose
the Count
F �°'
ouiA =
t�-
y
Mr. De Yurre: Well, great, but I'm saying if we're go talk about
commitments, if you're going to start changing, then we can lling array
and then all of a sudden, we're back to square one, you oretically
speaking. So, I just want to be clear on that.
Mr. Plummer: That's a good idea.
Dr. Alonso: Yes.
Mr. Plumnera Interesting,
Dr. Alonso: What about...
Mr. Plummer: I just don't see spending three to five mil lays for a
station that shoes zero ridership. And it's not that if it station, we
don't have access to the park. I mean, it's like, here' ney, let's
spend it. It's like the Sports Authority, they got too d money and
they just spend all day trying to find places to spend that
Dr. Alonso: Well, that's not the situation in the City I don't
know where they get the idea that we have lots of money to
pulling
Mr. Plummer: Well, obviously, the County is spending how two hundred
and twenty =- two hundred fifty thousand dollars and yet the
strings and saying what's going to happen. That's not eve ail wagging
the dog." That's the "tick on the end of the tail."
Mr. Don Benjamin: Mr. Mayor, Mr. Mayor...
Mayor Suarez: Wait. Commissioner, did you want to inquire ?
n the "t
further
ery care
e traff i
re. If
e forced
the pr
a decis
derstand
riot that
else
to
Dr. Alonso: Yes, I just wanted to say that we have to be v ful when we
make this decision not affecting that particular area. Th c, as it is
in that area, it's a very serious problem that we have thewe cut one
lane...
Mayor Suarez: If we reduce it to a single lane, yes.
Dr. Alonso: The City - yes - the City of Miami will b to find a r
solution and this is dangerous. It is important that ofessionals i #$
provide us with all the information prior to our making on on that r
because I've been asking million of questions. It is my un ing that it
will be more costly for the City of Miami if we vote agai and that'sg
why, at the beginning of my statement, I make very I had veryyn�r
little choice. I had to make a decision and I was goin a the best
$F
decision for the citizens of Miami with regrets because isions were.
made for me prior. to Miriam Alonso being` a Commissioner. very�litile
choice at this particular time and -in order to protect the s of WiaOL,
I,don't think that the Commission in really understanding and danger Y�
for the citizens of Miami, the traffic and what it will a can to theki
<
area. Sc.,l:think that it is your job to:explain"a'little b clear to us
as to be able to give a vote that is based on the reality o ea. r�
Mr. De Yurre: Let me... t
Mayor Suarez: Commissioner De Yurre, I think, has an inter roposai. #.
Mr. Ds Yurre: Yes, let me propose something. I would like one th+at;I r Y
we.,.allow-,the Peoplomover to come on to Bicentennial Park as d, wad t atty.`'
land has a value which is how much?
Mr. Olio: Two point one, somewhere in there.
z
Mr. De. Yurre; OK, we're willing to put that in provided y pi+oks
the tab on the other: station. and: buys the laud themselv4n #�
a
x8yor Sunroz: could ►t we offer that a wdp of:
,mare *Xpeux ve tbaa the portion : th4t era' would; hs�►e rQ� EIF ;
$norepe t dietriot for the Other owe, ? _
4.
t Y i w# FO L S�iet.
h i
Mr. Odio: We have I delayed, as Carlos will tall you, six month
negotiations because I wanted to get paid for the land in Bicentennial.
Mayor Suarez: Might.
Mr. Odio: The bottom line was, after many, many months of negotiation, it's
fine, we won't put the station in Bicentennial.
Mayor Suarez: We just won't put it...
Mr. Odio: Because you want it. If you want it, you put the land up.
Mr. De Yurre: Than, we can pull out from our $7 million dollar commitment
then.
Mr. Plummer: Sure you can.
Mr. Odio: No, we - I understand we cannot.
Mr. De Yurre: Sure.
Mr. Odio: We cannot.
Mr. De Turret Ours is predicated on this. If they pull out a station, then
there's no agreement.
Mr. Odio: No, sir, the request to place the station in Bicentennial Park is a E:
City request.
Mr. De Yurre: But, there was a... Mr. City Attorney, let's go the legal minds
here.
Mr. Fernandez: Yes, air.
Mr. De Turret If there was a $7 million dollar commitment...
Mr. Fernandez: Yes.
Mr. De Turret ...or a balance of a ten plus million dollar commitment for a
Peoplemover, based on this format which included a station at* Bicentennial
Park? 5
Mr. Fernandez: No, it did not include a station at Bicentennial Park.
Mr. De Turret Well, when was the station put in? �t=
Mr.'.Odio: We asked for that station this year. We wanted when they cams up
with the final plans for'the new ways the Metromover was going to go about
because it was originally was going to go down Biscayne Boulevard. They were 4
asked to move it to 2nd Avenue and:then:.:
Mr. De Turret OK, I got here from going back to 1983...4
Mr. Odio: Sure.
Mr: Do Turret ...a format which: shows the stations' adopted~;DPM aligwneat.
j 7
Mr. Odio: Right, that could be... -
Mayor Suarez: What did it show from that area? �{
Mr. Odio: What did it show the station? }f
M
=. Mr. '_Ds Yurm OK* no, it •ahows different from what we have tthera. r, -
bir. Odio: Sucre, I'm saylg, vp .the iClty, _, requested ahangsa ia� k a � e�D,� L Nl-
�� ���
ZA
11r. t'lummrs tut, volt! 6 shut*.. ' Us • is ftSO 'aid 70#f � ��� ����' � �
can itm nt -woo based on -that-il $no < god down 5106 yes SOUX00044t A������
i#�sn'tiUre but ►m!t r�r,
h �S .
4
ri
s
Mr. Plummer: I was, OK? Now, if
Boulevard, our commitment then is not
why do we have to live up to ours?
that thing is not going down Biscayne
- if they're not living up to theirs,
Mr. Odio: Because we don't want it down Biscayne Boulevard.
Mr. Plummy r: Ah, Maybe we do and maybe we don't.
Mr. Odios Oh, you do? Fine, we'll go back to the old alignment.
Mr. Plummer: You're willing to give away a two and a half million dollars of
park property.
Mr. Odio: No, I am not, Commissioner. I am saying clearly...
Mr. Plummer: Well, they're not going to pay you, that, excuse me, you're not
willing but they're not going to pay you.
Mr. Odio: Let me repeat what I said. I said that if we want the station in
Bicentennial, they're willing to put it if we provide the land. If we don't
want the station in Bicentennial, you don't have to provide the land.
Mr. Plummer: So you're talking about three million dollars to build a station
and two and a half million of taxpayers' money, property that you're going to
give up for a station for zero ridership.
Mr. Odio: No, no, no. You...
Mr. Plummer: What? Tell me where I'm wrong.
Mr.
Odio: You have to decide whether you want to or not.
Mr.
Plummer: Wait a minute. Am I right in my figures? Three million
dollars
to
build a station. Is that correct? That's what you stated at the last.
Mr.
Odio: Right.
k.
Dr.
Bonzon: The average cost is from two -and -a -half to three million
dollars;
that
-is correct.
Mr.
Plummer: OK, two -and -a -half million dollars worth of property.
Is that
— t? correc
k
_
5
_ Mr4
Odio: That'sintrinsic value. That property as is today, if you'try..
Mr.
Plummer: Well, I'm using your numbers. That's five -and -a -half
million
dollars for a
station. Now,
for once again, tell
me what do you project as
ridership,at that station?'
Dr Bonzon: For -the purposes
of the environmental
impact statement, they show
zero...x:
Mr. Plummer:
Thank you.
Dr. Bonzon:
...because this
will be a specialve►nts station;' a` lutichtie
activity type
station. Now,
let me go back ' and address what. the ' Managermaw
` '+
Mr. Plummere
The money tree
is awful bare.
Dr. ' Boauon: ' For` years,- for years, this..:
Mayor Suarez:
Put your name
into the records and
title too, I don't beiiays
ern. hive- that, '
`please,' Carlos.
— � 4 or. '8oazoas Carlos>SanaQm, 'project director repraeogtU*' V1ad ,,
} oars, the ° City =find b�eea requsRtiag from the' of ty ## i e 49p1
at Blaentonpial Fork, `wad" such has .-beef sbot► ►g 11 P ig tit =dal
i �1B1 Originally, it x+ai� within the park.' %Pb a ire pol
aaviroaaental ilmpsct statement, it was roved across the raW
_y U aceat o 'the I*►d�Aat idea`" ba#lad. s 7 y
�S`t�£,, .nX. .:�
i
. js
1 �' Z
Dr. Bonzon: No, completely outside the park.
Mayor Suares: No? But just abutting on the park then?
Dr. Bonton: The idea was...
Mayor Suarez: And serving the park.
Dr. Bonton: That is correct. The idea there was to avoid doing a so-called
4F which is required by the federal government every time you use park land.
The station what is shown in the EIS, that is adjacent to the expressway, will
not be allowed by the Florida Department of Transportation or the Federal
Highway Administration. They have told us in writing that they will not allow
a station there. So, we got two choices. Either we move it back into the
park where it was, or move it somewhere else or delete it. Now, the
commitment that you're referring to, Commissioner De Yurre, never anticipated,
and we don't have one penny budgeted, to reimburse the City for any land in
Bicentennial Park.
Mayor Suarez: OK, but he was suggesting a swap because you are interested in
the northwest 2nd station and that is our land, and we have possibly offered
as much as a million dollars in tax increment funds, and he was suggesting the
possibility of a swap. The problem is the lateness of the hour and the
possibility that the County will simply not go for the swap and then just not
build a station and delete it as you just stated. There's one other factor
that we haven't put in. You spoke about - Commissioner, you spoke about air
rights on the one that would be located at Bicentennial Park, I believe. And,
of. course, that is a little bit more difficult, although it's an interesting
concept, because it is on a park, but we have air rights on - let me clarify
that - on the one on N.W. 2nd, where we have commercial zoning and we could go
up as high as we want.
Mr. Plummer: Northeast Second.
Mayor Suarez: I know you want to restrict it and I want to hit you with a two
by four over the head, because I want to have as much .open zoning there as
possible, but, basically, it is allowed for business, offices, t
commercial/residential?'
Mr. Waters: Yes, commercial/residential, Mr. Mayor.
Mayor Suarez: I know you want to put residents there on top of the Metrorail
station, but I'm a little less optimistic than you are that we can have
residents as opposed to commercial in a... 4
Mr. Waters: But your assessment is generally correct.
Mayon Suarez: Right.
�z
Mr. Plummer: Let me -ask another question.
Mayor -Suarez: So -that could be,very valuable, is my,.point. And I'm.glad,that �
we're reserving that. Is that clear,. Mr. Manager? -when you're finished
talking to the media - that we are - whatever we do, we are going to reserve
the air,rights over the one on N.W. 2ndinOvertown/Park hest?
Mr. Odio: Yes.
Mayor Suarez: Herb, has any estimate been made of what that might be worth!
The air rights?
Mr. $alloys Not not yet.
Mr. Odlas The` idea O ,that . one• - that i. one Jxporte at ; station for the City 69
Miami and Park West because that will enhance the ability of dovelo gt
Immediate property tie It .. into: the:- building and, yes we ' bove, tide ' *t r
rights.
i�ayQl', rer, Lot-, �W ;jUnt 'say, in 0940 udi!!
bone titu99"' isstons ;TUr. . ,to I�niring� �z ��� ETA
41
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value. It is conceivable - I'm not going to say that I believe all of your
dreams for Overtown/Park West, but it is conceivable that by giving up the
ground rights, we may actually be gaining in property values if we reserve the
air rights because the whole property goes up in value by having the Metrorail
station there - Metromover station - and the air rights actually become more
valuable than the property was before we gave up the ground rights. So I just
want to throw that out.
Mr. Plummer: Excuse me...
Mr. Odio: Well, an office building...
Mayor Suarez: I'm not saying that I'd buy into that, but it is an interesting
possibility.
Mr. Plummer: ...let me follow that one step further. If we don't give them
anything, we still maintain the air rights.
Mayor Suarez: But nobody's going to want to build anything there.
Mr. Plummer: I don't agree with that.
Mayor Suarez: That's what my argument is that by giving up the ground rights
to build a station and keeping the air rights, we may actually be enhancing
the value of the property.
Mr. Plummer: All right, now, let's ask the County, and I don't know that you
can answer this. The County is responsible for main arterials in this
community. If they cut that down to two lanes, what are they going to do to
provide for the traffic?
Dr. Bonzon: Commissioner, as I re...
Mr. Plummer: It's their responsibility.
Dr. Bonzon: As I stated during the workshop, we retain a traffic consultant
who prepared a report for us, who concluded that we could maintain two lanes
of traffic on 2nd Avenue south of 9th 6treet, and that position has been
supported by the director of the Department of Public Works.
Mr. Plummer: You mean that that...
Dr. Bonzon: The County Department of Public Works.
Mr. Plummer:_ ...that that is adequate?
Dr. Bonzon: That is correct, sir.
Mr. Odio: However, we don't feel it is and I'm telling you, we do not feel it
is adequate.
Mr. Plummer: I don't either.
Mr. Odio: I think it will affect the traffic in the port, it will affect the
traffic to Bayside and to downtown and...
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Mr. Plummer: Well, let me ask you this. Can we, then, as a City, impose no,.:,
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lS-whealers over that road? Huh?
Dr. Bonzon: Second Avenue is a County maintained road.
%1
Mr. Plummer: Say what?
Dr.-Bonzon: It's a County road.
Mr, Dailey: That's a negative impact on the port traffic.
°^
Dry aioaso: Tben- saybe we can Met 'the' port backs y �'
•
Mr. Odio: Withholding half and then they come down Biscayne Boulevard.
Mr. Plummer: Woll, but that's...
Mr. Odios They're going to come down.
Mr. Plummers ...you know, it's going to cut on their revenue.
Mr. Odio: Another one..,
Mr. Plummer: They are the primary user of N.S. 2nd Avenue, the port.
Mr. Odios They'll come down the ramp on US 1 which is Biscayne Boulevard.
Mr. Dawkins: And they'll have the traffic back up to the port. We don't
care. That's....
Mr. Plummer: They got it now.
Dr. Alonso: Listen, also it's important to remember...
Mr. Odio: I'm sorry, N.S. 2nd Avenue - no...
Dr. Alonso: ...that the future of Miami is based on trade and export/import)
and we cannot really make decisions that really are going to affect the future
of Miami. We have to be very careful in this, and I think we should take our
time to make decisions. The County has always taken enough time to make this
decision, then have taken years prior to completing any construction. I don't
see why we, as a Commission, cannot take a little bit longer to make a
decision that is going to be here forever. Let's take time and think this
over and have all the answers prior to making another commitment that is going
to affect the lives of the citizens of Miami. I don't think I like --to be
pressured by the County or anyone else to tell me I have to make a decision
today when they don't provide all the answers and how it's going to look.
This is serious problem for the citizens of Miami. It's going to affect..,
and maybe it's a good opportunity to see if we can get the port back.
Mr. Plummer: That's an easy way to do. You make a motion to defer and we'll
find out if that's the majority feeling of the Commission.
Mayor Suarez: OK, and as long as we're heading in that direction, if we§'
are...
Mr. Odio: By the way...
Mr. Plummer: And I'll second it.
Mayor Suarez: ...we do have a request from a member of the general public... �
Mr. Odio: ...we cannot stop tra...
Mayor. Suarez: and the community of Overtown...
' Dr:<Bonzon: A couple°of points before I turn it over,to.
Mayor Suarez: Who was just preempted by a County official. j r.
Dr. `Bonzon: .,Mr. Mayon. Commissioner, respectfully I boar ,what :yOWre!.4414
Commisoloner Alonso, .unfortunatoly, two ' do have -a°,schedule we have to .10aespiy
with, k
Mayor Suarez: OK, tell us about the schedule and the time constraints.
halro:57 .awuths to complete it from beginning?
B,aasot:: FiftyKesveA : sost#ss. that s stipulated in the caatsrsct, : '
Mayor ass: Beginning Vbont :.Vhoa did ;that boxlnit=the tS7,:,,
—' ,tr �F . BoAzont QA May 11tb, May iixb, this past`;liay 1lth, We us* A
isis�nd': + >-' giomtif bi ' '+shop+ ►''It 'rrb�►"'arch. %'
Via t B t "1�o wBiti �►aiti g D P "
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Mayor Suarez: OK, what happens if we reach 57 months and 80 percent of the
system is built but not a hundred percent? Does somebody come down and say,
"Nov you have to tear it all down," or what?
Dr. Bonzon: They could find us in default and...
Mayor Suarez: Which means what?
Dr. Bonzon: We could lose some of the federal funding, that's what the
contract says.
- Mayor Suarez: Are you - you're aware, and as the Commissioner is pointing
out, that in 1985, when I had just been elected, we had the County officials
here. I think it was Assistant County Manager, Tony Ojeda, and I asked a very
simple question. They were talking about a dedicated source of funding, which
I always get a kick out of, because it seems to me that the taxpayers are the
ones who are dedicated to paying taxes, but... and that's the way it always
seems to work out. We asked about that four years ago and we Couldn't get a _
clear answer. So if it took four years to get to this point today, and none
of that was our fault. That was mostly the County dilly dallying around with
this dedicated source idea and with some of the other concepts that they had
which led to the defeat of an incumbent who happened to be the chairman of
their transportation committee. Thank God, they have somebody now that has
some idea of transportation, but what - OK, the timetable or the time =
constraints are 57 months and you say that we're a month behind?
Mr. Plummer: No, we're not, they are. They're a month behind.
Dr. Bonzon: In the final design phase of the schedule, we're already a month
behind.
Mayor Suarez: How will our deferring, let's say till what? -December 7th?
Dr. Alonso: Yes, I think so...
Mayor Suarez: Affect that? I mean, it's seven days.
Dr. Alonso: .. and besides, they are the one who are behind, we are not.
Mayor Suarez: Seven days, I mean, how is that going to delay anything'
specific that you're doing, Carlos?
Dr. Bonzon: See, Mr. Mayor, was I...
Mr. Plummer: December 7th - tora, tora, tore.
Dr. Bonzon: See, Mr. Mayor, what's happening is based on our discussions...
Mr. Plummer: Pearl Harbor.
•'Fa
Dr. Bonzonx ...with your administration, we have proceeded assuming that this
14
Commission would approve the recommendation. If, December 7th, you were to
deny" -the recommendation,. disapprove it, we will have to,go back and redesign
everything. The other choice is that we stop work. We don't do anythaog
until we get a decision.
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Mayor Suarers But if we were only.to delay and atill_approve-on--December.,7th,
that really, Mould .not substantially delay anything. If, in,fact$ . ow! December
7th, we approve.,this alignment that you're proposing.
Dr, Bonzon: Well, you're talking about a week.
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Mayor Suarers Right,
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Dr. Bonaoa: I swan, at this>point, what can I say?'
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Mayor fgisarez:' Well, ` we got that we agree on that, it's seven days.
right.
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Ar.:`BpnsoAI I mean, ve have no choice. I'd rather sea you't4o your tier #t
approve t a vook from today than deny it today. 7 a �
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Mayor Suarez: Right.
Dr. Alonsos Also, for the record, I'd like to state that knowing the real
estate business, I do think that it's going to improve the value of the
properties in the area.
Mr. Odio: By the May, we cannot stop traffic on 2nd Avenue, it's a County
road.
Mayor Suarez: So, they're proposing to close off part of their own street.
Mr. Plummer.- We'll just put three hundred vendors out there, that's all -
they...
Mayor Suarez: OK, Don. -
Mr. Plummer: They do a hell of a good job at the Orange Bowl delaying traffic
so...
Mr. De Yurre: OK, Cesar.
Mayor Suarez: Mr. Commissioner De Yurre.
Mr. De Yurre: As far as additional expenses, you said it was the purchase of
this land on 2nd Avenue.
Mr. Odio: Yes, sir.
Mr. De-Yurres Which the money was already... -
Mr. Odio: We have the money in the tax increment finance. -
Mr. De Yurre: We have the money? Because we're going to purchase that land -
anyway.
Mr. Odio: Anyway. �=
Mr. De Yurre: To develop the area.
_ Mr. Odio: We would have to pay... in other words, we are seven- fifty percent of the purchase of the land.
Mr. De Yurre: OK, so we've got that out of the way. Now, what other "
_. additional expenses do you foresee? ESQ
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Mr. Odios None.
Mr. Plummers Well, two -and -a -half million that you're giving up of .,
Bicentennial Park.
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Mr. Do Yurre: OK, that...
` Mr: Odio: He's asking, in addit... if tho-4ntrinsic value...
Mr. De Yurre: OK, well`, OK; _
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r fix. Odiot OK. It's an intrinsic value. But out of pockst Mon.es 'put o
pocket, you're talking about a million dollars, or... a million dollars,vV
rigtt9
Or, a million, sic, I'm°= sorry,` of tho Park West- ,land atsd. out: =f-pob{o►ah 3 n
would be the seven million point two that we are committed to....
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Mr. Ds Yurre: That we're committed, OK.
8'de
r Mr, 0410; Yes;' and that we made ;`arrangements with thet►y' Coun�o
first eymeat vvf - one' point eight in November or in tha +cmisAda iret
`. will be November of this year, which is tl►e budget year of 'pi '`sad
t t , othe n 1k ',for ha r three - geaxs, , a
. Da Turret aAd that money `+vas aaa"owl catty rtihaai#ge fr:
too? ,.
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Mr. Odio: What 1 would like to do on the 7th is to Coma back to you
eventually and to pay that with capital improvement bonds. Because it is a
capital improvement project.
Mr. De Yurre: But, originally, and to date...
Mr. Odio: Originally, it would have been franchise fees.
Mr. De Yurre: Franchise fee from FP&L.
Mr. Odio: Yes. I'd rather not do it that way though. I'd rather come back
and ask you to allow us to sell capital...
Mr. De Yurres OK, but at least there's a source identified where the money
would come from.
Mr. Odio: Yes, air. One point eight in...
Mayor Suarez: You're talking about from general obligation bonds.
Mr. Odio: We'll put it in $1.8 million in November which is the next budget
year for us.
Mr. De Yurre: OK, because I would entertain and I would make a motion. I
don't think we're going to find any alternatives, and I think that if we have
the money already earmarked to purchase this land and it's to enhance that
area, that if we have that money available, that we just go ahead with that.
I don't think we're going to find alternatives to that point in that location.
So a week in time isn't going to solve or come up with any other additional
solutions. The Bicentennial land, if we don't build it there, they're going _
to build it at the Herald Plaza. Let them pay for their own station if they
want that. So, what I would make is a motion approving this item. Also, with
the addition that we commit that this Commission commits to not putting one
more penny into this project.
Mayor Suarez: Capital.
Mr. Yurre: Capital.
1:
Mayor Suarezt And, obviously, we're not going to do the operating aspect of
it so it's either capital or...
Mr. Odio: I have no problem with that at all because I...
Mr. Plummer: Are you going to do 30 percent of it.
Dr. Alonso: Yes,- it's very important this, as Commissioner De Yurre. has
meationed, as I stated at the beginning, to be certain that the`numbera are
clear: ,.
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Mayor Suarez: OK.
Dr. Alonso:` Because, as I refer at, the beginning, the` numbers verb ah►ys`
referred as seven -and -a -half and then it vas not so.
Mr.=De Yurre: OK, so that's my motion.
Dr 16nsot Leta' keep that in mind. ?' s
Mayor Suarezt And it vas never too clear what the County contribution was.
Dr. Alonso: And in paper.
Mayor, Suarez And it vas never too clear fiat the County contilbutton 40k y �4*
In fact, eves' as of last week, they couldn't tall us: ~' OTC, ; hire` rat 4s�4ttl� -
do vo -have -a second?y�
My; yoraandag: 'point of clarification. •Whiah mot1*A are 1�a OR? � �� � ��� A.
1t '..De Tartu t ' Ket ion ' is '-to ,accept 'this - propossl; '. k a s u + `
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Mr. Plummer: wants to be heard from.
Dr. Alonso: That gentleman wanted to be heard for a long time.
Mayor Suarez: Yes, I just want to see if we have a formal motion. I'm going
to let you speak, Don...
Mr, De Yurres With the...
Mayor Suarez: ...but I want to see if we have a motion on the floor.
Mr. De Yurre: ...contingent on the fact that we do not put one more penny
into this project aside from what we have committed.
Mr. Plummer: And I assume, also, your motion carries the air rights retained
by the City.
Mr. De Yurre: No, we want the air rights because we can build something nice
there that will enhance whatever gets built there because you have a station
right then and there.
Mr. Fernandez: On both Park West and Bicentennial.
Mr. De Yurre: That's right.
Dr. Alonso: And also provided that we will be able to honor all our
obligations with the Grand Prix.
Mr. Odio: Yes.
Dr. Alonso: OK.
Mayor Suarez: We have a motion. Do we have a second?
Mr. Plummer: Are we going to... well.
Mr. Benjamin: Well, Mr....
Mayor Suarez: I want to have the motion formally on the floor, otherwise Z'li
ask him to, withdraw it and we'll hear you, Don. I just .want to keep a little
bit of procedural order here. Do we have a second on that motion?
Mr. Plummer: No way. ham"
.•. ,,..-^. .;• . ., - ,..,... ,fir a%
Mayor Suarez: Commissioner Alonso, are you going to... I would second,it, but 5
I'm concerned about the 7-day delay request that you have made. Are you going
to be able to have any further information on this that would really help you
In the next seven days?
Dr. Alonsos Well, I have asked most of the questions land ,that's
beginning of my statement, I make it very clear that I had very --little
choice, and I was going to make the decision for - the best decision for ,
Miami. If no one makes a second, I don't want to do it because of a principle s"
` that you know my position againet;this. I'd rather someone,elsaiKill malts.; the "
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move.
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Mayor Suarez: All right, I'll second. Mr. Dice. Mayor,. I �.�thiak are ought to
-
hear,at this point from Don Benjamin. +
Mr. Bonjamins Mr, Mayor, Commissioners, my name is Donald F. Benjamin, l'at
the acting chairman of the Overtown Advisory Board. I hadn't plae►and t4 ,say
anything= today, but in listening to this discussion, I'm quitw concetpol ffY,
r„ When the Overtown/Park West project was started several years (Q,► Mho#.!*
,. toacept of tau increment financing was presented oQ us xith ade s nstd `,
s clear, veer clear,' that the -proceeds of the. tea 3.niar'esiont'-914t o -
wed for this developaieat .of -Ovsrtown, = they=rest of_`.
sen that -the r+ s a block at bi,$, Ind AV*= betwen #tb
btrl s rk for s,st*tloa�and s . Oill1oafps t� 01xi
ward; =Many�, fry, tkitog Increment lSum. to _. #dad ire Wv
smad dux! tit= mltehs is; o#- . os►siast to -qs :► ! a{
.. ��z ,:#�ua��.e�u�as �ti�;�setd °tar,-t�n��tn;►el�t`�►�,.�n�� ;� dq��t���'. _
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it. We were told over, and over and over again the results of the tart
increment financing would be used for the development of the rest of Overtown.
Not Park West. Why is this?
Mr. Plummer: It's convenient.
Mayor Suarez: That's a darn good question. Herb, in fact, if I may, Mr.
Chairman, I remember us making a formal motion to that effect, at least a year
ago, that from that point forward, all tax increment funds from Overtown/Park
West, as defined in our district in a development order and so on, would be
used for Overtown as we commonly think of Overtown and now for this area
which, I think you've appropriately termed, Park West. How do we get out of
that, or is there any substitute way that we can commit to funds without
taking it from the tax increment?
Mr. Bailey: Nothing has changed, Commission... I mean, Mr. Mayor. I was very
much involved when we made those statements and we're still doing that.
However, in order to generate money into the tax increment fund, we have to
also create value. We are currently already assembling another two blocks in
Overtown. We have most of the blocks that we're developing are in Overtown.
However, there are certain cases where we have to make something happen in
Park West where there's a more desirable site for development so we can
generate more revenue to have more bonds so we can divide more land in
Overtown.
Mr. Benjamin: That sounds very logical, but when...
Mr. Bailey: But that's the way it is happening.
Mr. Benjamin: When, Mr. Bailey, who is a good friend of mine, talks about
Overtown, he is talking about southeast Overtown which is part of the Park
West project. And we were told over and over and over that the proceeds of
tax increment financing would be used for the development of the rest of
Overtown.
Mr. Bailey: No, no, that is not true, we...
Mr. Benjamin: Don't tell me that is not true! I have been in on this from
the beginning, as you well know, and we have people in this audience who would
get up and tell you so, and we have City officials who would... you weren't
here from the beginning when this thing started. You can't tell me thatf
Mr. Bailey: That is an incorrect statement, air. In fact, I'll submit to you
that we did not have a legal project district until I came, and we did that in
1982 and by law - let me finish, please - by law, we cannot use tax increment
funds in any other area, but the project area that has been designated tax
increment district. And that is those two hundred...
Mr. Benjamin: By law or whatever...
Mr. Dawkins: Hold it, you're out of order. Now, let the man finish,:please,
Mr. Benjamin: Thank you, sir, thank you.
Mr. Bailey: OK, we said, very clearly, how the process would work in order to
get funds to acquire property in Overtown so we could develop and that've said
,
that Park West, in many cases, would be the catalyst to generate or=to create'
�.
value for money going into the trust fund and we would use those funds;Ao
acquire more property in Overtown. And we were only talking about the project
area, we cannot, legally, take tax increment monies and use them anywhere elso
but in the project area and we are doing that,
Mr. Dawkins: Nov, Mr. Benjamin.Q
Kr. Sen,jawin: For whatever it's North, we wore told *- and I'm not hore to.ti
or to distort anything - whether, at the time this vas being'said -V *
meant to rotor to Southeast Overtown/Park West, that is ,not wh*t we, veto :t6lda
E'
V* were _told the rest of Qvertcnmp And vhot r this VAX_'. bei
eBcc�u►rag+�-:us to Set our support from Overton, fiho, but avv t#at' f
9f th � #! thing have Co11 about, WO are loft, out , lid ` bo, c01d a44
►l, iaa cisi, .; 9F clllr sound, exp aAati ps o bell* �ivsn. il►irr B
s ttor ors Why . ?v+�Vtowa always tre 4ted :like ;this ' .i.r 1 }� Yk t'#
Mr. Dawkins: I don't know, but i have to agree with Mr. Benjamin in that we
said Overtown and I would not be concerned if this was the first time this had
happened. But this is not the first time that this has come to my attention
that we have taken money earmarked from Overtown and do something else with
it. Now, we can understand your explanation as to what you determined
Overtown to be. But the fallacy in this is that they do not perceive the same
parameters for Overtown. So now, you need to clear that up.
Mr. Baileys We have always - at least I have - when we first started and at
the time that we were putting the project together to get it approved by this
Commission, which the Commission had already approved the project boundaries,
_ and the county Commission approved those project boundaries, we have always
talked of quote, Overtown, as the project area for which we were seeking
approval.
Mr. Dawkins: Define those areas, Mr. Bailey.
Mr. Baileys It goes from N.W. Sth Street over to 395 and from Biscayne
Boulevard back to I-95, which includes a part of the Gibson Park. Two
hundred and forty acres which we are legally bound to spend tax increment
monies in which include most of Overtown. It is the southeast portion of the
Overtown/Park West project, that is the only thing we are authorized to spend
tax increment monies in. And we have spent the largest proportion of all of
our monies, the public monies and the proposed tax increment monies, in the
Overtown side.
Mr. Benjamin: When this project started, there were four blocks identified in
Overtown for which the County received, I think, $6.7 million dollars to
acquire those blocks. Park West had no money attached to it for anything at
all. Somewhere along the line, politically or otherwise, it was suggested
that Overtown and Park West be joined and you got the Southeast Overtown/Park
West project.
Mr. Dawkins: No, that's an error.
Mr. Benjamin: Pardon me?
Mr. Dawkins: That's an error.
UNIDENTIFIED SPEAKER: No.
Mr. Dawkins: Yes, it is.
-
Mr. Benjamin: Wait, let me finish then.
s
Mr. Dawkins: Yes, it is.
`
Mr. Benjamin: Anyway, in a13 these discussions, when the thing that Mr.
Bailey talking about, when all that was identified, it was said that there
would be a designated tax increment financing district and out of those funds,
would be used for the benefit of the rest of Overtown. I am not here to
distort anything...
Mayor Suarez: Don, let me - with permission from the chairman -- let me
interrupt you for a second. I've got a real problem with the motion that I've
seconded, the more I think about it. Seems to me, Herb, and I don't know
�4
where the Manager went off to when we're in the middle of an extremely}
important discussion...
Mr. Odio: I'm here.
Mayor Suareg: Thank you. Seams to sae that all of the argwsents . bei.ng .made
are vary proper and that the alternative that the County will be left,Mith'lov
to take part of its own street, because now we've determined that the County `
actually is the one that owns that street and presumably maaagas its. a�th �4
N �
I guess we do all the Mork on it and clean it up and so on, and that if :tray
.
had . to take a portion of their own street and leave It with a SLA0e
whim not only isn't acceptable to w, but ItI4 also not . `stcaa�pt�tb� o to, ; ; .
P
plann+re in Tallahassee who have imposed growth iaanagarnt oouetraiutaupona
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,
us, that the County': going to have to an up providing moniee to 40t��i�e
ri �
another lame and get back to a full two lane street in any event. so
to moo the burden is totally and absolutely on the County..,114
76
NOM
Mr. Plummer: Exactly.
_ Mayor Suarets ...and I have to withdraw my second. I distinctly remember
being part of a Commission that resolved - now, admittedly, we had made some
of these commitments before as to - I guess we had, I don't know, maybe they
were even done before I got here -- as to using tax increment funds for the
acquisition of this property. But I distinctly remember being a part of the
Commission S, 101 12 months ago that said, "From that point forward, every
single penny of tax increment funds would be used in the area that we commonly
know as Overtown." And if this community, greater Miami, does not have the
ability in the next seven days, before December 7th, to identify funds from
somewhere else to purchase that land so that that station can go where they
want it... that station, by the way, has absolutely nothing to do with
Overtown, as I know it, in Overtown/Park West even. It is almost Biscayne
Boulevard and I don't see the relevance of one to the other, I'm sorry, I...
the more I think about it, I have to withdraw my second.
Mr. Dawkins: There is no motion. The maker of the motion, the second has
been withdrawn. What's your pleasure? Is there a second to the
Commissioner's motion?
Mayor Suarez: Now, I would, Commissioner De Yurre, I would support a motion
that said that we approve all of this, but that the funds have got to be found
for the acquisition elsewhere, either with the City or preferably with the
County or with whoever.
Mr. De Yurre: Well, what happens now is, then, that instead of committing
ten -and -a -half million dollars to this project, we're committing and extra
million, million -and -a -half because we got to find an alternate source for it.
Mr. Odio: I have to advise not to do that. We don't have an alternate source
of funds. This is a tax increment district, those funds can only be used...
Mayor Suarez: But, that's not what I suggested my motion would say.
Mr. Odio: I'm answering his question.
Mayor Suarez: I didn't suggest that my motion would say that I will entertain
a motion or vote for a motion that said that we had to come up with the funds.
I said we or anyone else. If you want to...
Mr. Odio: I'm asking...
Mayor Suarez: ...preclude the possibility that we Mould come up with it
because you're reporting to us that we don't have any money from anywhere >'s
else, that's fine.
Mr. -Odio: I'm answering his question.
Mayor Suarez: And then I would be willing to entertain a motion that would
say that we would agree to the alignment so long as the funds are found -,from
some other source for the purchase of this particular site at N.B. 2nd between
9th and loth.
Mr. De Yurre: Well, the only...
Mr. Bailey: May I clarify a point, Mr.Mayor? Is it in order to...
Mayor Suaree:. Yes.
Mr. Baileys The public record will not reflect what was just stated. Park
f
West and the Southeast Overtown/Park West redevelopment has olwaya bean-eie
target : area and on record, it has always been stated` that', the benef it' of
having Park West developed would accrue to the benefit `off 4ve'rtoMn* 'LL'tPbat
station is very important to cxeate value. When you, go into *'redevelop
district for which there is'nothing happening and when ire flrst started; tke"
tit. assessments went one million dollars, and without building a lot' of
.
development now, we have it increased to the. point we're Setting a x411 n
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;. dollars.
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Mayor Suarez: But, Herb, you know the problem with the argument? Right
around the Arena, we have not one, but two, stations already. We have the
Metromover and the Metrorail and those are closer to Overtown and, you know,
if it's a matter of improving Overtown by having Metrorail, Metromover,
there's two right there.
Mr. Bailey: Well, no, we're talking about...
Mayor Suarez: Right next to Overtown. That's close to Overtown. This is not
even close to Overtown.
Mr. Bailey: We're already capitalized on that value creation and the fact
we're probably going to the bond market, hopefully, and everything passes for
another sixteen or eighteen million dollars in bonds, and that money will be
spent for the acquisition of properties between Sth and loth street, between
2nd and 3rd Avenue, which is the historic village in Overtown. Unless we can
create these values and generate money into the trust fund, we will not be
able to bond out monies to buy more land in Overtown. We have to, at some
point in time, make a small expenditure to generate a larger advantage for
Overtown. That's the only way we know how to do it.
Mr. Dawkins: Mr. De Yurre...
Mr. Bailey: A million dollars is absolutely a very small price to pay for the
amount of revenue that will be generated to go to bond issues so we can buy
more land.
Mayor Suarez: Well, as long as you're getting into the quantities, let me ask
you this. The last time you and I looked at the tax increment district and
what it could produce, I think it was roughly, at best, eleven million, of
-- which two -and -a -half were committed to pay for the tax increment district
costs, etcetera, and then another seven had to be returned to the federal
government or six or something and we were down to like four and a half
million dollars.
Mr. Bailey: Most of that was already spent in Overtown and we are starting
TEFRA hearings on December the 6th - which happens to be my birthday - and
-
we...
Mr. Plummer: But, Herb, Herb, excuse me. If I'm not mistaken, they're not
going to eliminate the station.
Mr. Bailey: Well...
Mr. Plummer: They're not going to eliminate the station. It's still going to
-
be there.#
Mr. Bailey: But it's going to cost us more money when we go to acquire the
k
land.
Mr. Plummer: No, no, no, what I'm saying to you is, if you don't acquire the
land, the station is still going in that location just more in the 'center of
—
the street. They're not eliminating the station. The station's going there'.'
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Mr. Bailey: But you're squeezing in, you're causing a traffic problem for'us.
4
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Mr. Plummer: That's their problem. Northeast Second Avenue is their pro Is
i
to keep it open because the primary user is the port. And they're going to •
` w,
have to provide other avenues or ingress to that port. It's not a matter.*
the station going there or not. The value increase by whatever value you
might get from having the Beoplemover- station there, is still golp t4,bs.
there. The air rights are still going to be there. It's their respomeibil,ty
to do what is necessary. If this City doesn't spend a dime, that- thing,isi
still going and it's still going on.2nd Avenue and.there is•st1ll goibg to "
a station. If we don't do anything in Bicentennial Bark, `►e don't h,eve to .
give them two -an -a -half mullion in property and three million dollars; of
_:•
taxpayersmoney to build a station for zero ridership. I, don't sAe Aui
difference,IR
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Dr. Alonsos I04 like to, yes... =3
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Mr. Dawkins: Mrs. Alonso, go right ahead, Mrs. Alonso.
Dr. Alonso: OK, thank you. I'd like to add, the more I hear, the better it
sounds to wait the week. Other than that, I'd like to go on record as saying
than Overtown is a very important area in the City of Miami. I'm extremely
concerned of the situation of where the people live in Overtown, not only Park
West, but also where the people live in Overtown. In conversations with Mr.
Bailey, with Matthew Schwartz, I have stressed my concern for Overtown and
where the people live and what are we going to do for that area? I'd like to
go on record by saying that it is very important for City of Miami and we have
to start looking at what has been promised to the citizens of Overtown and
what are we going to do in that area?
Mr. Dawkins: Your motion died for lack of a second.
Mr. De Yurre: Yes, I'll re... I'll just pull it out and we'll wait another
week. But, I'll tell you...
Mr. Dawkins: OK, then there has to be motion and...
Mayor Suarez: If you want to restate that motion, you know, that doesn't
specify or specifies the funds would not come from a tax increment district,
and otherwise agrees with the alignment, I would have no problem voting for
that.
Mr. De Yurre: Well, but we go back to the other point that we've been
discussing with - that Commissioner Alonso has been making all along, along
with me, is that we're not willing to spend any additional money. So, if it
doesn't come from this source which was my understanding it had been already
committed to a degree that we were going to purchase that land already and now
it seems like that would...
Mayor Suarez: We'd throw the burden back over to the County to come up with
the funds if they want to use that alignment. We have no problem with it.
Mr. De Yurre: But then, what's the alternative when they come back and say,
we're just going to take the street? We just live with it? x:
Mayor Suarez: They're going to have to solve the problem, it's their
street...
Mr. Plummer: It's their street... exactly.
Mayor Suarez: ...they're subject to growth management constraints. mom;
Mr. Benjamin; Mr. Mayor...
Mayor Suarez: They've got a $1.8 billion dollar budget. I. mean, I. don't...
f
Mr. De Yurre: OK, that's fine. The thing is, I'm not in a position, at this
point in time, to spend one more penny from the general fund or any other
source other than, you know, that the...
Mayor Suarez: I think we're all agreed that there's no -funds frost;tbe.City 4
that could possibly be spent here, not to mention, the fact that we've already _
clarified that most of the acquisition... yr
4
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Mr. De Yurre: Well, then, let's...
Mayor Suarez: ...by any local governments here has been from the City. And
L Y
µ' Mr. Do Yurre: OK. Then, if I understand this then, we will not look for s
another source because it will not cocme from within it no.
x Mayor Buares: Exactly. If you wanted to makO a notion just.** that we r,*44
send a clear signal to the County as to the aligtont, it would alsols►cle
M
tbR $ia+ntena►ial- Pask, I believe, we've got that straghtaeoed outs that# tit
would be available and would It.,.
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Mr. plumert tell, can I ask a question there? Mr. Manager, you stated for
the record, that you absolutely would not approve the Bicentennial station
unless they paid us the money for the land. Is that correct?
Mr. Odiot No, I said I negotiated for months that I didn't want to do that,
and than it came down to the point where they would say they would not build
the station. So, we have no choice.
Mr. Plummert So, in other words, we're going to... by this motion, we're
giving them the land.
Mr. Odiot Yes.
Mr. Plummert One more one way street.
Mr. Odiot Yes.
-
Mr. De Yurret Well, by this motion, we're acquiring a station.
Mr. Odiot That's right.
-
Mr. De Yurre: That's the way I look at it.
-
Mr. Plummer: Well, we're acquiring a station, but we're losing...
Mayor Suarezt Making land available without the - keeping the air rights and
making it available to peat the station there. As to that station, as to the
other one, we're saying, "Fine, it's a good idea, a good alignment. Find the
money, buy it or put it on the street. Do it however you want to do it. But
don't count in our money. We don't have any more money, Carlos."
-
Mr. Plummer: Your grandchildre-w will...
Mayor Suarezt And we cannot use tax increment districts - I think we're
headed in direction that you want us to head in, Don, so I wouldn't...
-
Mr. Benjamin: No, I just want...
Mayor Suarez: ...buck the momentum here as we always say.
Mr. Benjamin: I just wanted to make the statement, Mr. Mayor, I did...
l�y
Mayor Suarez: At your own risk. I.mean, I...
Mr. Benjamin: I didn't. -rise to oppose whatever is being proposed. �My
concern - our concern in Overtown - is what is truly the use of these tax
-
increment financing?
='
Mayor Suarez: I withdrew my second. That is no longer on the table.
s
Mr. ; Benj amin: No, no, no. ,
llx.., Dawkins But you..,.
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Mr. >Benjamin: But what I'm saying is for future consideration. We aeed•-
Sr
know, in Overtowan...
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Mayer Suarez:. Yes.
Mr., Banj amine .. ,what's going , to happen ,to these., tax -increment.:: t_
6
Mayor Suarez: And I believe we passed a resolution to that affect. TbARt a
f
why-:1 withdraw my second. • i
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Mayor Suarez: Old, Cowlssioner, do you want to try the motion to...
Mr. De Yurret The motion is to approve the alignment with the understanding
that we will not spend one penny...
Mayor Suarez: From the City.
Mr. De Yurre: ...from the City...
Mayor Suarez: ...for the land acquisition, or otherwise.
Mr. De Yurre: Correct.
Mayor Suarez: Further than what we've already committed and that Commissioner
Alonso has described in detail. All right, so moved. Do we have a second on
that one?
Mr. Fernandez: And, of course, the air rights for station...
Dr. Alonso: Oh, yes.
Mayor Suarez: Yes, and reserving the air rights for...
Mr. Fernandez: Only for the Bicentennial, no longer for the...
Mayor Suarez: Right.
Mr. Fernandez: ...one in Overtown.
Mayor Suarez: Oh, no, if they want to give us the air rights, if they acquire
the other part or use it, we'll take that too, I suppose. We can't demand it.
Dr. Bonzons Mr. Mayor, may I?
Mayor Suarez: I'll - if nobody else is going to second the motion. If not, -
I'll second it.
Mr. Dawkins: It's been properly moved and seconded. Any further discussion?,
r,
Mr. Plummer: This gentleman wants to add something.
,u-
Dr. Bonzon: Mr. Mayor, as far as Bicentennial Park, the County, we don't have =
any objections to the City retaining the air rights. You can also continue wW
using the area under the guideway as a park or whatever you should contemplate_
as to as it doesn't interfere with th ti d th i t
- ng
a opera on . an a ma a enance o t e
. �,�
system. Let,me caution...
Mayor Suarez: How about a,basketball court under the guide rails there?�,,
Dr. 'Bonzon: That's fine. As far`as the Grand Prix, I've tacking to
rTy-
s:
Ralph Sanchez and we do...
Mayor Suarez: We'll put the practice basketball court that the Miami Beat
,
-
wants under the guide rails there. It'll be a lot cheaper than 'chat they :Hint
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no do. -
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Dr. Bonzon: We've been in contact with Ralph Sanchez. AA fat < as the:z Grand
Prix; we -do not 'anticipate _an conflict whatsoever. If we do.,,we'II Mork. it
out. I want to caution this Commission that even It we're to getthe, sell
from
from you that we- need, until we get ,the approval of the .so called.:aF--stateiWat
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from the federal government:.. , • . -:..: . , : ,. ; _ , , .
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Mayor. Suarez: We know, that.
v'6w..w .vw 1anm tw' .iAhwd%Jfta rs*bat ti.wirw 8 rww.' w_u J
Dr. Bonsbn: As far as Park West, if we were to shift the alignment to provide
the three lanes that the City wants, our participation is more than 50 percent
because, in shifting the alignment in, it affects also the blocks north of
9th - I mean, north of $th - and south of... no.
Mayor Suarez: Carlos, please don't go back to the County and tell them that
we want to shift any alignment. Go back to the County and tell them that we
— approved that location. That we're just not paying for any of the land
acquisition. That's all.
Dr. Bonton: What I'm going to say next...
Mayor Suarez: You figure out how to solve the problem, that's all we're
saying.
Dr. Bonton: What I'm saying next, in addressing Commissioner Plumner's point,
Is that one of the options that we may bring to the Commission's attention is,
that we could maintain three traffic lanes and avoid acquiring additional land
if we delete Park West station. When you consider Freedom Tower and Eleventh
Street...
Mayor Suarez: I want you to explain that to the DCA in Tallahassee on growth
management.
Dr. Bonzon: That's a possibility.
Mr. Odio: See, that's their attitude.
Dr. Bonzon: It's a possibility.
Mr. Odio: See, Carlos, I resent that, we...
Mr. Plummer: One way street.
Mayor Suarez: I want you to explain that to the Department of Community
Affairs. On a Monday, I'll be taking a helicopter tour of all the traffic
patterns through the City with your County Commissioner and Chairman of the r
Transportation Committee and we'll see what he has to say about ending up with
three lanes there. It's your problem is what we're saying. We don't have any
more money, it's as simple as that. And we cannot use tax increment district ;!
monies. That's all we're saying, Carlos. ,
a
Dr. Bonzon: Mr. Mayor, all I'm saying... all I'm saying... r;
Mr. Odlo: Carlos, I'm going to ask the Commission to defer their vote. I
don't know if I can do that...
Mayor Suarez: No, no, no,no.
Mr. Odio: Because he's threatening us not to have the Park West station.
Mayor Suarez: If you want to argue with him, do it at lunch time. We're
tellingyou exactly what we're'sa"
y y yin6 here.
Dr. Alonso: Listen, but really... Mr....�'
Dr Bouzons Mr. Manager, please do not take this as a threat because=sit.:M&X
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not . intended to be a threat.
. W.
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Mayor Suarez: No, no, no, you're not
y going to argue with him �on � the seikes#
I'm sorry, Mr. Chairman, I'm taking over your prerogative here.
Mr. Dawkins: That's right, you're right, go right ahead, Madam...
" -L
As. Alonso: Mr. Chairman, I'd like to say, I just don't like this atit
that now we are threatened constantly and this, tome,, is bloclaoll, T
eft,_
like it. If we don't do this the May you want it, tbea we take away -1141
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?his has to stopl We have the right to looiC for the batter decision for, = �{
citizens of iliaml. This has to stop!
f'.
Mr. flummers You know...
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Mr. Dawkins: It there sty further discuss...
Mayor Suarez: OK...
Mr. Dawkins: I'm sorry, I'm sorry.
Dr. Alonso: I really think that this policy has to stop!
Mr. Plummer: I hate to gee You on this Commission because I'll no longer be
the lone voice.
Mr. Dawkins: Is there any further discussion from the Commission?
Dr. Alonso: No, that...
Mr. Dawkins: Hearing none, Madam Clerk, call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-1052
A MOTION OF THE CITY OF MIAMI COMMISSION APPROVING THE
PROPOSED METRO-DADE PEOPLEMOVER ALIGNMENT CONCERNING
DEVELOPMENT OF METRORAIL STATIONS AT BICENTENNIAL PARK
AND PARK WEST AS PRESENTED BEFORE THE CITY COMMISSION
ON THIS DATE; FURTHER STIPULATING THE CITY OF MIAMI
WOULD GRANT THE RIGHT-OF-WAY USE OF BICENTENNIAL PARK
IN CONNECTION WITH THE DEVELOPMENT OF THE BICENTENNIAL
PARK STATION AT NO COST TO THE COUNTY, BUT THE CITY
WOULD ALSO COMMIT TO NOT SPEND ANY MORE MONIES IN
CONNECTION WITH THIS PROJECT; FURTHER STIPULATING THE
CITY OF MIAMI WOULD RETAIN AIR RIGHTS TO THE
BICENTENNIAL PARK STATION; AND FURTHER PROVIDING THAT
ALL EXISTING AGREEMENTS BETWEEN THE CITY OF MIAMI AND
MOTORSPORTS, INC., FOR THE GRAND PRIX EVENT SHALL 'BE
HONORED.
x;. Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following votes
AYES: Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor'De Yurre
Mayor Xavier L. Suarez
.�
NOBS: Commissioner J. L. Plummer, Jr.
ABSENT: None.
a
COMMENTS MADE DURING ROLL CALLS
Mr: Plummer: I refuse to tax m y 'grandchildren" and great `grandchAdrenz- Y vote
y no
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Dr. �►lopao:' I feel exactly the same way, but I have to go on record as saying;
A
that ;we have very little _choice at this timm and that it xe find the mos►1'
sgmewhere" else, you.,
br.
'
Dawkins:Let J. L. Plummer„ bathe lose one over there, I vote yes. `
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Mayor Suaro tt Ok, we're on item 13.
Mr. Plummets Mr: Mayor...
Mayor Suararti 'Yes?
Mr. Plummer: ...while George...
Mayor Suarez: And, by the way, George, I'm sorry to interrupt you,
Commissioner, George Knox from the Sports and Exhibition Authority has been
here waiting on an item. He is serving in a voluntary capacity there and not
getting compensated and so on, so we will take you before lunch, George. Not
necessarily now. Commissioner, go ahead.
Mr. Plummer: Also... Well, when he comes .up, I want to ask the Sports
Authority to be here, at the next Commission Meeting. It is my understanding
that they are trying to deviate from this Commission's policy by taking out
what this Commission felt important and that was that that Sports Authority
was beholding to the City Manager. And I want a full explanation of why
they're trying to circumvent this Commission's policy. So I'd ask that they
be at the next...
Mayor Suarez: Well, maybe they're asking for the Commission to change its
policy on that, I don't know. I might be disposed to go along with a change
in that policy, but, George, we're not at this just yet. It's item...
Mr. George Knox: Fifty-five...
Mayor Suarez: ...55 that it's not a very important item and I'm not sure
we're going to vote for it but we're going to let you make a quick
presentation before 12:00.
NOTE FOR THE RECORD: Brief comments by Commissioner
J. L. Plummer concerning Miami Sports & Exhibition
Authority's alleged deviation from City Commission
policy.
19. BRIEF COMMENTS CONCERNING STATUS OF LUCERNE APARTMENTS.
Mayor Suarez: Item 13.
Mr. Jorge Fernandez: Yes, 'item 13 is an item that City Commission has
instructed us to meet with the owners of the Lucerne apartment. We have been
In the process of meeting with them, we have a final hearing scheduled for
December the 15th after which meeting, we will be able to come back to you
with our recommendation.
Mayor Suarez: OK. '
r'
Mr. Fernandez:` So everything rA g is Progressing fine ou' this item. Item 19.
Mayor Suarex: So, there's no vote needed�on it?
Mr. Plummer: Just for discussion. ,
or. Fernandez: No, nothing,`just for discussion.
y
Mayor Suarez: Thank you for the report. Unloes, anybody has say41
:
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20. OPIN/READ SEALED BIOS: SOUTH FLAGL$R SANITARY SEWER IMPROVEMENT.
Mayor Suarez: I'm sorry, open the bids that were scheduled for 11:00, Madam
City Clark.
Mr. Plummer: Bids on what?
Mayor Suarez: And tell us what they're on, while you're at it, that would
help us.
Ms. Hirai: Mr. Mayor, these are bids for the south Flagler sanitary sewer
improvement project B...
Mr. Plummer: What number?
Ms. Hirai: It is agenda 33, Commissioner.
Mr. Plummer: Thirty-three?
Ms. Hirai: Yes, B-5440. I need a motion to open the bids, air. Mr. Mayor?
I need a motion to open the bids.
Mayor Suarez: I'll entertain such a motion.
Mr. Dawkins: Move.
-
Mr. Plummer: Second.
—
Mayor Suarez: Seconded. Call the roll on that motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-1053
A MOTION TO RECEIVE, OPEN, AND READ ALOUD SEALED BIDS
FOR SOUTH FLAGLER SANITARY SEWER IMPROVEMENT (B-5540)1
FURTHER REFERRING SAID BIDS TO THE ADMINISTRATION FOR
—
PROPER TABULATION OF' -SAME.`
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Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
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AYES: Commissioner J. L. Plummer, Jr._
Commissioner Miriam-Alonso --
Commissioner' Miller Daekins
Vice Mayor Victor De Yurre-
Mayor'_8avier:L. Suarez
NOESi_ None:. s
'
ABSEXTi , None.. sty
Ms: Hirai:' The first bid to from Rice" Man t1t►i ernational, Inc, , total bid r
$4,574,8641 alternate, total bid $4,443,6641 next bid is tram Isas�o a.
Constxiiction-Co., total bd$41230i859i alternate total bidr . $4,076, 004i •next
_ ��
bid is from ManCon, Inc., total bid $3,935,706.50i alternate total- bid k
$3, 887 i W f next bid l is from Roenca Corporation-;` total
Mr. Plummers Vatsorry, repeat that, x
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Jae. Hirai: Roonea Corporation, total bid $3,697,6761 oltemate total
.
$3362; 276
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Mir! flu ers Moll, emit=a m cuter loQh fier�e� i its mead Etta
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! ! Hirai: ! ! ,the neat bier is from the CQP4%*t A" i'ound4ti9a
►#d14'•�b$.�fil'f,:#tii1$A4tl01141bid 86+#2i,�33 SAE#it# tale 3i$.at
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Higgins, Inc., total bid $4,018,606; alternate total bid $3,940,546; next bid
In from Florida Roads Company, total bid $4,230,690; alternate total bid
$4,203,640. Mr. Mayor, those are all the bids.
Mayor Suarez: OK. Commissioner Plummer, any questions on low bid?
Mr. Plummer: Yes, I got a serious problem. I think we ought to fire our
estimator.
Mayor Suarez: Hob much...
Mr. Plummer: How in the hell could I estimator be over 50 percent off?
Mr. Luis Prieto: Well, we have no idea but we're very happy with the results,
Mr. Commissioner.
Mr. Plummer: Well, I'm happy with the results, but how do you estimate a
contract if 5.6...
Mr. Prieto: No, 4.6, sir.
Mr. Plummer: No, sir, I have here, estimated construction cost, five point
six.
Mr. Prieto: That must be an error, it's 4.6, sir.
Mr. Plummer: Sir, I can only read what's in front of me. Now, who's right >'�
and who's wrong?
Mr. Prieto: I've got 4.6 and that's the department's estimate.
Mr. Plummer: Mr. Manager, are you a million off? I mean, I realize around
here a million dollars ain't a hell of a lot of money.
UNIDENTIFIED SPEAKER: It was advertised at four six.
Mr. Odio: It's advertised as four six.
Mr. Plummer: So the agenda is wrong.
Mayor Suarez: It was a misprint but it is a misprint in our favor.
4'
Mr. Prieto: Just a misprint, air. aiQQ
Mr. Plummer: OK...
Mayor Suarez: Nobody has pocketed a million dollars here?
Mr. Odio: See* the And ma problem is the one that, .you're getting my: notes and my � s
w note is wrong.. maybe you shouldn't get my notes..`
two
Mayor Suarez: Don't give them your notes in the future.
Hr. Plummer: Well, OK, ,even at that, -at 4.6... "
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Mayor, Suares: . How,far are we, off
• LLL
Mr. Plummer: We're a million dollar off the low bid.
Mayor Suarems That's about 25 percent.
h
Mr. Plummer: Now, how In the bell can that happen? Either thely'rej_ ccml�g' �
up., you know, I'm not a contractor.
�ka ?!r. Plummer: Either the estimator
Mayor Suarozs You have very generous estimators, It looks IIkof �
3� r
the astlnitor to totally out into orbit or ��6► F _} ����,
'Cons
ttuction Is Was to use fAferior9aerch+�►�fset � �� �
� r
J 1 #! ►os' #�u,R�C#�st Or twirs ' Bry aR heli outso
�u z st
q
Mayor Suarers I don't know, half of the time, nobody bids and now, the other
half of the time, we have tons of them bidding way under our estimates.
Something is a little screwy here.
Mr. Odio: When there... yes...
Mr. Plummer: It's absolutely ludicrous.
Mr. Odio: When there is no work, people are hungry and they want anything...
Mr. Plummer: But that's not the point. Your high bid is 6.5. They're not
hungry.
Mayor Suarez: Apparently, they're not too hungry in the automobile industry,
because we only got one bidder the other day, but they're hungry for
contracting.
Mr. Plummer: They're hungry for stone crabs, not hamburger.
Mayor Suarez: They're hungry for contracting.
Mr. Odio: I don't know.
Mayor Suarez: The chair recognizes Commissioner Natasha Mion from Hialeah,
Council Woman, Council person, whatever. Like that. All right, maybe she can
solve some of our estimates. All right, Commissioner, are you ready to vote
on the low bid?
Mr. Plummer: I'm thankful to vote on a low bid that's a million under the...
Mayor Suarez: I mean, to have it tabulated and...
Mr. Dawkins: Yes, I vote — I would accept the low bid.
Mayor Suarez: I guess we actually move for tabulation.
Ms. Hirais We just refer it for appropriate tabulation...
Mr. Plummer: For tabulation.
Mayor Suarers OK, so moved.
Mr. Dawkins: Second.
THE PARAMETERS OF THE ABOVE MOTION, DULY MADE BY
.:
COMMISSIONER PLUMMER AND SECONDED BY COMMISSIONER
DAWKINS, ARE FORMALIZED AND CONTAINED IN MOTION 89-
Inat THIS MOTION PASSED "MANIMOVSLY.
Mayor Suarez: Mr.
Manager, I hope you do get hack to Commissioner Plummer and
the rest of us on
why we're so far off. That is something to really put to "X
work -your new and
eager Public Works Director on to see why we're so far on,. }r
these estimates.
All right, a couple of more items, hopefully, and then we go .. �frn
to Sports and Wibition
Authority before lunch.
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21. DISCUSS AND DEFER CONSIDERATION OF PROPOSED EMERGENCY ORDINANCE CREATING
NEW SPECIAL REVENUE FUND: "OMNI AREA REDEVELOPMENT TAX INCREMENT TRUST
FUND ACCOUNT" (See label 25).
--------------------------��
Mayor Suarez: Item 14, emergency ordinance creating a new special revenue
fund entitled Omni Area Redevelopment Tax Increment Trust...
Mr. Plummer: Move it.
Mr. Jorge Fernandez: It's no longer...
Mayor Suarez: ...fund account.
Mr. Fernandez: I'm sorry, it's no longer an emergency ordinance. It's now a
resolution...
Mayor Suarez: Very good.
Mr. Fernandez: ...and it should have been distributed to you as a resolution.
- Mayor Suarez: OK, so moved.
Mr. Plummer: Now, just for the record, this creates the fund but no funds can
be spent from that fund without Commission approval. Is that correct?
Mr. Odio: Sure.
Mayor Suarez: OK. So moved.
Mr. De Yurre: Second. -
Mayor Suarez: You second? Did you second? Seconded by Commissioner De
Yurre.
Mr. Dawkins: 'Which is is, fourteen? �t
Mayor Suarez: Yes. Matthew, would you get with Miami Today and explain to
them that we have not defaulted, whatever the hell that's supposed to mean on.
this. You know, if you think there's any hope for their view of., some ,of , the
items that we do here.
Mr. Dawkins: You know, where is the trust fund?
Mr. Plummer: There is none. d
Mr. Matthew Schwartz: Right now...
Mr. Dawkins: Isn't this the Omni Redevelopment District?
Mr. Plummer: This establishes it.
MEMO!h' MF. Odin: it, Commissioner. What?
- .
Mr. Plummets What? -
,<< Mr. Dawkins ; According to. chapter 16-307.of the Flmrjda,, Stotutasyf. t
iucremantu; revenue .,payments are duo on January , l , of asah ,yeaow,.., a r•
tho ,. payipont we mode,for the first of this , year?
Ms..Schwartz: Commissioner? "
Dawkins: Yes.
MWgt on .ccuatyi s:; A4,4 ofi,
�ns, cy i►t . i rue #uDd.The City had no radevsiopmAt outhQyi _
all lies within Aade County, The resolution Won
you t948* wouio pit VVI
` 7 . . apPrit ► r.; t 1, . t r ni Agreement then vbtah voult,.nib ter ► �� �; ' _
mat up the tax facr, at trust fuad nd admiutster tbo I trwt
over,t'+.wn/Park. Vogt,
� FxN s- � a ".... .�. '-..:.,.,r -F� z.. t� n a }1..,y__, .a ., .r #. iRya � � •� d��.z.- t3 —
3
-77777777
Mir. Plummer:
Mr. Mayor, can I ask a question?
Mr. Dawkins:
No, no, no. Go right ahead...
Mayor Suarez:
Are you finished inquiring? Yes,
Commissioner.
Mr. Plummer:
Well, why is Matthew Schwartz here at all? What has
he got to
do with this?
Mr. Odio: Matthew has worked with me for...
Mr. Odio: Is
he your designated representative?
Mr. Odio: Yes, he is. I just...
Mr. Plummer:
Not as DDA.
Mr. Odio: No,
he corked with us...
Mayor Suarez:
Well, wait, wait, wait. In addition to DDA...
Mr. Odio: In addition to, is part of the D...
Mayor Suarez: ...I would want, as chairman of DDA, to explain to this
Commission what we're doing on the tax increment district in an area
encompassed by the DDA to be able to explain. Not to mention the fact that he
used to be the person in staff working on these matters.
Mr. Plummer: OR, but he...
Mayor'Suarers But, yes, we can ask anyone else. I mean, Herb or the Manager
or...
Mr. Plummer: You asked him, that's all I wanted to hear.
.
Mr. Odiot Had asked him to work.
Mr. Plummer: That's fine.
"
Mayor Suarez: All right. fi
OM
Mr. Dawkins: OK, now, will somebody over there, anybody, an interlocal
cooperation agreement was approved by the City Commission on October 6th,
1989: That's wrong.
,< o
Mr. Plummer: October 29rd, according to this.
,.,
Mr: Dawkins: `Now; but we .already had one approved prior`to 4989re- that aiti
4 error?
r Mr. Schwartz: No...
Mr. Dawkins: A wrong statement? yf
Schwartz: Commissioner, we sent - is 1987, when the City approved thek
Omni` Tax g racrament� District, it then also had a resolution asking t s pit
Y to
initiate as interlocal agreement with the City, and that,, ttro �ssk�
later, ° Me 'sent s copy of a draft` of''that'agreement `to •'the do"uutya Thy Gbpa T
beia sat on —it FortioWt `a"year or, two bciuss it 'eras y
11*11evl, � may have = approved aAs giri ir. It �r � t tsa
tisl iWe `that t i one 'the ws 'approved iA October '' 80 ' - �-'
one 'chit `the 'Cauaty'` had:.'. had the' changes that the County quested.
s
County did not enact the interlocal agreement because there are soot
coaceras '`
s Mir:.: 3�aw 1 s: Ail right, � I ' move to defer +sad discuss. This
m ccsoplicated +tsd I ,don't uaderstaad it. I'd 11t to bOvA tb► s e ar+ {�
Y
ys '� $et imd �.. excpia il�..♦yY�'N•-
J
rl IVc it 4104
41
8s
?^ 3
77
Mr. Deakins: ...this to me because what I'm hearing is not what I recollect
sinco I've been here and perhaps my recollection is in error and, if so, I
need for it to be cleared up.
Mr. Plummer: Well, this resolution, Commissioner, before us, absolves the
City from 1986 or 187 and 188 and the City's not entitled - not making any
payment until 190.
Mayor Suarez: Not obligated to make any of the payments that were...
Mr. Plummer: The question, I guess, is, what happened to the monies of 187
and 188? Where are those monies?
Mr. Dawkins: That's what I want to...
Mayor Suarez: They went right into our general fund that we used up along
with...
Mr. Plummer: What?
Mr. Odio: ...never allocated.
Mayor Suarez: They were never allocated.
Mr. Plummer: And what were the monies used for?
Mr. Odio: General fire, police, public works and...
Mayor Suarez: To pay for fire and police and public works and zoning and
parks and recreation.
Mr. Odio: It was never allocated.
=
Mr. Fernandez: And to make the record clear,
Mr. Mayor, the monies will - we
-
will have to follow what we believe is proper procedure after we hear back
—
from the County and there may have to be an
allocation after which point in
_.
time, then the money will be refunded back to
the City having declared a zero
budget for those two years in the...
Mayor Suarez: Ah, that's an interesting way
to do it. I was wondering how s
you were going to figure out a way not to have to fund those. We could have
done it and then say there was zero budgeted
years. That's very intelligent.
I like that.
Mr. Fernandez: The record must be made clear.4'`
h'
Mayor Suarez: That resolves all the arguments
too about the - about what was
the base year for the tax increment.district
and all that, right? -that took
place for about two years? I All right, Commissioner Dawkins, obviously has
been concerned about what happened during the
intervening years since the base F°
year was set at 1987 or 188?
Mr. Fernandez: Six.
Mr. Schwartz; Eighty-six,
Mr. Fsrnanders
,Eighty-six.
;w
Mayor Suares: lighty-six.. Ths; answer is, we
didn't h&V*• the .fundar. II0,E41"It
allocate.: then. We're, going -to try to- cane up , with., -this way ,of. - soy, E {;
they wero; -zero budgets during those two "years.
because the,.countyAW vs ,00
A
funds reserved and now in willing to reach
an agreement Mitch us that' the►y
t
wouOt fund them if we don't fund them until 198... k` -=
f
Mr. Plumer: Nineteen-ainety.
Mayor Suaross Nineteen -ninety.
K a }
t
!!s•. Schwarts,s Ninety. January Into 1990,
Ww
Mayor Suarez:: Nut, at least o w0 get a tax
Isacrownt diutrict 9
w
bog to f Wad iag $4 1990 wad then the budRe�rt cruAch
s s f � .. v y � ,.
k �s
M. 1t count on how much of our t so ba&Um�.� f z�� a�s"t EIS
r
AI
Mr. Schwartz: Approximately $700,000.
Mr. Odio: Eleven hundred - a thousand a year that we cannot touch.
Mayor Suarez: All right. Do you still want to...
Mr. Plummer: Well, we still got to provide the services.
Mr. Dawkins: I still... my motion is move that this be continued until I get
clear in my mind what I'm voting on.
Mr. Plummer: Second.
Mr. Dawkins: That's my motion.
Mayor Suarez: OK, did we have another moving party here on the motion and
second? So...
Mr. Plummer: I second.
Mayor Suarez: You had seconded the initial motion or was Commissioner De
Yurre?
Mr. Plummer: I moved the original motion and withdrew and I withdrew it.
Mayor Suarez: All right, you withdrew your motion and...
Ms. Hirai: Yes.
Mayor Suarez: ...I guess the second is automatically withdrawn. There's no
moving... Commissioner De Yurre, you don't have anything further on that? If
not, we have a motion to continue or defer until he gets adequate explanation.
Do we have a second on it?
Ms. Hirai: Yes, air, we do.
Mayor Suarez: OK,any further discussion? If not, please call the roll.'
THEREUPON MOTION DULY MADE BY COMMISSION DAWKINS"AND `5
SECONDED By COMMISSIONER PLUMMER, THE PROPOSED`
.
RESOLUTION TO APPROVE THE INTERLOCAL AGREEMENT WAS
CONTINUED FOR FURTHER INFORMATION BY THE FOLLOWING h
VOTE:
,>
"~
—
AYES: Commissioner J.' L. Plummer, Jr.
Commissioner Miriam Alonso r,
Commissioner Miller Dawkins°
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
.
NOES: None.
ABSENT: None. }?
' '
Mayor Suarsk: I tried now, maybe �
y , y you ought to go back and get that record,,of
my explanations; see if you can come up with a simple May to explain all og rp`
this in the -future because -you guys keep` contusing it -to' the point that a 6W _
_
wants to vote on it and we're not going to be around forever. I'm bad$4riAg _
the County about approving their side of it and here we don't Opp rove our
.
.a
of it. Can't blame anybody for not approving it if you can't.,aa It.
1i
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a« 1
22, DISCUSS AND DEFER TO DECEMBER 7TH MEETING ISSUE CONCERNING ONGOING
BRICKELL PARK LAWSUIT.
------------... -
Mr. De Yurra: Mr. Mayor...
Mayor Suarers Yes.
Mr. De Yurre: I was just looking here and 1 know there's some people that are
involved, I don't know if they're still here with this Brickell Park swap that
my understanding from the City Attorney that the deadline for...
Mayor Suarez: What happened to the deadline on the Brickell Park swap?
Mr. Jorge Fernandez: It has come and gone and nothing has happened.
Mayor Suarez: And what is the state of nature then? -then we go back to or
what, what happens?
Mr. Fernandez: Then the City has, pursuant to the settlement agreement that
the City has entered into with the Brickelle, the City has the option to call
for an unwind provision that is in that settlement agreement which would put
the City back with title on the park property.
Mr. De Yurre: Right now, Mr. Mayor, it's my understanding...
Mayor Suarez: What do you recommend, Commissioner? -you've been working on
- the negotiations on this all along?
— Mr. De Yurre: It's my understanding that there is other parties involved that
are interested in concluding this deal or coming up with the proper swap that
we've been desirous of. So, I would hope at this time this Commission can see
extending the period of time for an additional 90-days-for something concrete
to come before us= based pretty much on the same parameters that were detailed with the prior deal.
f
Mr. Fernandez: I should also state on the record that the Brickells, the ,
parties with whom we have been in litigation and now we are in a settlement
~ posture with, have requested us for an extension of time. And so...
r•4
Mayor Suarez: Let me ask Commissioner Alonso if she's in a position to vote
to extend or if it might make more sense for us not to take any action in
which case, at least she's not on the record on voting on something that was k.
probably the most complex deal in the history of the City of Miami Involving .-
the most parties and simply, you know, we all just stand by and
Mr. De Yurre: Well, why don't we put this on the agenda, the March agenda?
Give you .90-days right there.
Mayor Suarers Or just leave it pending.
Mr. Plu more But, what does it benefit the City to give the extension? How
t does the City benefit?
Mayor Suarez: Was the March, 1990, Commissioner, or...? ,
-� Mr. De Yurres That's right, 1990. g,
r. Plwmmers How does the Citybenefit b y giving them an extension?
t
Mayor Suarers Wsll the
y •' possibility..,.
Mr. Plummer: I means, all this other company's doing. isi -dust peddlisg•it. 4
-
-. Mayor: Suarers Ths `possibility,.1irst of +all, that :we -rill,: oAd asp gottlag
g 46twal �casb �pxooseds'- of 411 of thi4r- which, vor* :*bout i,D ai11$j�'T't*
AAd ° s�i.s4, ,bavi� a; .wrap" that pro$ initial ly, tbousht r�sss =a►
llr�ram"noes �. knoing U with
1000 s
Mr. Plummer: Yes, but you see, let me tell you where my problem is, This is
A swap that's being negotiated by a company who came here and said we were
going to do thus, thus and thus.
Mayor Suarez: And they haven't really been able to do it.
Mr. Plummers They have not done that...
Mr. De Yurre: What, they're out.
Mr. Plummer: ...and all they're going to do is to go out and try to sell this
concept to someone else to line their own pockets. t_
Mr. Fernandez: No, no, I need to make...
Mr. De Yurre: It's my understanding that they're out.
Robert Sechen, Esq.: No, no, Mr....
Mr. Fernandez: ...I need to make the record clear one minute, Mr. Mayor. The
fact is that we are only in privity of contract because there was only
litigation and there is settlement posture with the Brickells, whomever the
Brickells deal with, be it the Williams Group, which was a group that was
Initially being considered by the Brickells, or be it any other group, really
the City is not in a position to get involved with that. Your only decision
at this point in time, is like the Mayor was saying, either postpone a
decision whether to give an extension or not, to a later date, or give an
extension now to the Brickells for the Brickells to come up with anyone else
or the Williams themselves, to consummate this transaction.
Mr. Plummer: How much money has
already been paid to the City?
Mr. Fernandez: To the City? Not
a penny.
Mr. Plummer: They were supposed
to come up at the inception, with a half'a
million dollars.
Mr. Fernandez: Upon closing, yes,
you're right.
Mr. De Yurre: They never closed.
Mr. Fernandez: But contingent on
the transaction closing, we were to get that
much money.
b
Mayor Suarez: Yes it was
Ma s never
closing. Well it seems to me that it would
d
—
be acceptable, from your standpoint, we don' g t create ourselves a legal F
problem `"
and from the new Commissioner's standpoint and from you, -your standpoint, to _
just -take no action.
Mr. Fernandez: Correct.
Mayor Suarez: At this point.
t"
*'
Mr. ' Fernandez: Correct.
,.
Mr. Plummer: I hate to say this,
but this thing is starting to.smotl. n
Mayor Suarez: Yes, and...
Mr. Plummier: And it's not smelling good. , t4
Mayor Suarez: And so, it doesn't smell any gorse, lot me put ou the record ay'►
a
that 1>-think one of',the :parties
that Countsaioser be-Turre)a rsfarrl? i;i }
because Vvs gptten°"a coUnninication- from . bim.-
r'
and possibly making it cam to
fruition,• to a Doran .•Jasc►n , An
broker, I daa't think he$4 abo 4n
any other capsbrag J#(aM# i A
O ': thb Da►1OUtown ftvAlopwat .: Authority, in fimt, I- think bw, +out", ,
,..
chaiMan. Hre has clarified his
role 1m this and ; has put 1a 'rtev►+de ` fr
`
►rit ag,,: that be Wil sbatalA =from ^duty �rotsa L#at XMAS in -onr way 'F ±��•i1!d ► i �" � d�� x -
thl=, but I also 1►aat to ask,rA
City Attory, abase'
u
�;
dlssolutlon action for Mr. Jason,
if gay consWor4t1cm of thlp Ir ftF,�ae���
--
3 ". :. .a.. Tom. dff,t5.
t:
on it or whatever, would be in any way a conflict just because of the
possibility that he would somehow get involved with all of these parties. I
don't believe it Mould be, but just in case.
Mr. Fernandez: I would need to look at that. My initial reaction Mould be
that if you do not stand to gain or profit from Mr. Jason's involvement in
this, other than you being his attorney in a totally separate and completely
t
different matter, that it would not constitute a conflict...
ti
Mayor Suarezi All right.
-
Mr. Fernandez: ...however, I would like a little bit more time to look into
it and get back to you.
Mayor Suarez: OK, are we not in the position of even voting on it? We're
-
simply just taking no action.
Mr. Sechen: Mr. Mayor, Mr. Mayor, can I...
-
Mr. Fernandez: Exactly, you have that choice also. And let me make the
_
record clear, Mr. Mayor. That pursuant to the settlement agreement that we
have with the Brickells right now, it is the City's ultimate prerogative and
both the Brickells, and for that matter, anybody else, would be at the mercy
=
of this Commission because I read the provisions of the settlement agreement
to be an automatic vesting in the City if the transaction failed to close by
November 12th or 13th. And having failed, the City can then proceed -and I
—
want you to make sure you understand that you have this option- to request or
to expect from the Brickells, a warranty deed, with certain restrictions on
-
-
this part as soon as tomorrow.
Mr. Sechen: But, Mr. Mayor, my name is Robert Sechen, I'm an attorney with
-
Blackwell, Walker, l S.B. 3rd Avenue, Miami, Florida. I represent Saul Luger
and a number of limited partnerships out of Canada who own the river point
_
property which has been the subject of this swap. Just to give you a bit of
history, Mr. Luger had a contract with a Mr. Williams. Mr. Williams was going
to buy Mr. Luger's property and then transfer that to the City. Mr. Williams
defaulted on that contract, he let the hundred thousand deposit go and now Mr.
Luger is interested in working out something with the City. There's a lot of
different ramifications.
Mayor Suarez: How would he be affected if we took no action today? Does he.
support that?
Mr. Sechen: If, in fact, if there's no action today, Mr. Mayor, the unwind
provisions which are called for in my reading of the provision, could be
enacted by anyone of the parties. The Brickells have...
Mayor Suarez: Well, you're going to have to _ you're goingto have seven days
to explain that to Commissioner Alonzo and the rest of the Cm Lesion that is
as confused as I am about what all of that means...
Mr. Plummers Well...
Mayor Suarez: ...and very possibly, we would take action on December 7th,'but
with the matter not on the agenda, I can't imagine that we would be able to do
anything in the next seven days. {
3
}
Mr. Sechent That's fine, if you...,
Fr r�?
Mr. Plu mers Mr. Mayor..,
Meyor Suerers Yes, Commissioner Plummer.
Mr. Pl.uaimers ...with the owner of the Srtckell property which i. tbot iO4
vi're trying to accomplish In the ownership of .the icsty 444 04,9W44
a yu "Hey, I` ► vUlisg to deal with you direct and cut oust t middy. t.
b y A tho hell would We do anything other than deal with the s�vA �f �l a�
prc� erty we # re tt YUS tc swap vuth?" r
k l 1 Uv! K i1 4 d
1"
t3ocheaj That's why I'm suoSeatiogr but myove#
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Mr. Plummer: Well, I'm saying, god forbid, let's don't drop the ball. If the
man is willing to sit down and negotiate with us direct, why should we pay
somebody else a profit?
Mr. Fernandez: We're not in a position, Mr. Plummer, to negotiate with
anybody directly, not with the standing representations made by counsel. This
is, as a result of a settlement agreement of litigation between the Brickells
and the City of Miami.
Mayor Suarez: OK, but Mr. City Attorney, if we were to invoke the unwind
provisions and get out of that litigation...
Mr. Fernandez: Correct.
Mayor Suarez: ...and be back to the state of nature if, indeed, that is what
he recommends.
Mr. Fernandez: And if the City...
Mayor Suarez: Then, we may be in a position to negotiate more directly and
that's why Commissioner Plummer...
Mr. Fernandez: No, then the City may want outright to buy the property from
Mr. Luger, but never, never negotiating with the park property.
Mayor Suarez: I know, it's the most complicated deal in the history of the
City of Miami. Once again, we have his remarks for the record. We cannot
possibly act on anything this complicated in the next seven days. You have
seven days to try to convince her and the rest of us because I'm not sure...
Mr. Sechen: Seven days and we can agenda it.
Mayor Suarez: ...that I buy any of these arguments.
Mr. Plummer: Well, but let's understand. As of right now, the issue is dead.
Mr. Fernandez: Correct.
Mr. Plummer: As of November the 13th or whatever it was.
Mr. Fernandez: Correct.
Mr. Plummer: It's a dead item, period.
Mayor Suarez: Well, except that.mechanically, we would - or^procedurally, we
would have to invoke the unwind provisions and request that the property,:be
deeded back to us.
a4 Mr. Odio: But, I think before you do that, you have to have.councii,meetings
because he hasn't-°I.think he:should meet... _
Mr. Sechen: It is very much in the best interest of the Brickells, of the
City of Miami and my client, Mr. Luger, to not let this unwind' provision
happen as of right now.; I don't think-: that the City is prejudiced, and I
think that t
your City Attorney can advise you in that regard, l�u
Mayor . Suares: Why don't you - spend the next seven,: days:;or fourteen. day 4 .", « r
Mr.-Sechenu Seven days is no problem; Wonderful!:
"'0 �
Mayor•Sµaras: ...convincing this Commission of that because it is extremy
complicated. Thank God, the new Commissioner has a real estate background.ad
„ might bey able to understand all of. this, :It's probably :the "at , co Lima
dial, once,'again, in the: history of the:Citp
T. Mayor Suarese .. We have the, Sports and 8xhibition; Authority bm#rtt, 4c �wr
.: quickly. You're::mot here on aamethin&q.*
Mr, Fernandes; So, Mr. Mayor, to give acme closure to this iaeb T 5 r. 5'tys
99aibioa .►our:palicy,position is to maintain the status quo f or- a oths a t t' R
days.
r �
Mayor Suarez: We've taken no action.
Mr. rarnandet: No, action, correct.
Mayor Suarez: Let's not may that we're maintaining the status quo even. Even
that is already sounding like an action to me.
---------------------------------------------------------
23. (A) GRANT REQUEST FOR CLOSURE OF DESIGNATED STREETS IN CONNECTION
WITH DIET PEPSI HOOP -IT -UP EVENT.
(B) CITY COMMISSION REQUESTS GEORGE KNOX TO PROVIDE FURTHER
INFORMATION CONCERNING MIAMI SPORTS & EXHIBITION AUTHORITY'S
PLANS FOR A BASEBALL STADIUM.
Mayor Suarez: Hoop -it -up. Is that what you're here on?
George Knox, Esq.: Yes, sir.
Mayor Suarez: You don't have anything more important to address us on than
this?
Mr. Knox: No, sir, not at this time.
Mayor Suarez: You're not asking for any money, of course. You're just asking
for permission to have this tournament or whatever it is.
Mr. Knox: Well, we do have a short list of in -kind items that we would like
the City to please consider.
Mr. Dawkins: You can forget them, but go ahead.
Mr..Knox: As you've indicated...
Mr. Plummer: Is this item 55? x
Mr. Knox: Yes, air. As you've indicated, Mr. Mayor, I'm here in my capacity?
as chairman of the .Miami Hoop -It -Up. Hoop It Up .is, a three -on -three
basketball competition that's scheduled to take place this weekend on the
grounds and surrounding territory of the Miami Arena in Overtown, Now,, 300 ,?-
teams that have, signed; up to play a three -on -three basketball competition.
—
The proceeds ,of this event vill go to the RP, Retinitis Pigmentosa Foundation,-
which, of course, is a charitable foundation. Now, actual cost of production -:
=
is som4where around. $70.000 and the private sector has., contributed `y '
approximately sixty thousand of that including _ PP y y g $35,000 from the local
community. In addition to the items that have ,been requested -,on item -..number '
55, we -are interested ,In carrying. out the mandate and erudite suggestion,, = �:
our, ve distinguished honors a,
very g honorary- chairman, who indicated, and L quote`
"...Players and spectators will enjoy a safe, secure and well managed event;"==
In that connection...
Mr. Plummer: Who's Exclusive -Sports Marketing? ... ; • '
Mr. Knoat ....we are asking that the City please consider providing in -kind
services associated with security, trash collection, first aid, and the
services associated with putting; up- sponsorship banners around the area,e y"
have a budget and a breakdown for your consideration. I'll P". a . that, g13t r v
while 1, introduce Mr. Jeff Ruday who is working with the RP Foundation
bringing this event about.
'r.
Mayor Suarez: George, before you do that, and actually, -hopefully, toreemFtL v x -
.,
-:
t#at, why, dant±t we... , I:ll; 4ntartaiA a ,motion to refer this to 0;.#4+gf�E
,
his discrstionary approval or eon approval of any of 'the it"As 1,A qup ti+ i yt
x , .
And, of course, some of it may be things that we don't have ;to spend 4t sll.', t#F
.'.,..ttaA:+.t,
know toup� .. you► ae�+d to spend $$ 9A ='a wecuit� a�+r., thip�
t .• :.,
.
certainly would hope not. � u
u
�Y
Nr, Dawkino: So move.
�Y
Mr. Kuoxi J If you providenthe...
3A=
Mr. Plummer: Who is Exclusive Sports Marketing?
Mr. Knox: Mxclusiva Sports Marketing is an agency that specializes in putting
on sporting events.
Mr. Plummer: Was this a bidded item?
Mr. Knox: No, this...
Mr. Plummer: Did they bid for it?
Mr. Knox: ...this whole package came to the community on behalf of the RP
Foundation. The Miami Heat adopted it and the Miami Heat are the official
sponsors.
Mr. Dawkins: Oh, you just lost me.
Mr. Plummer: I got a problem and I asked the Manager. You know, this week I
got a little thing in my office says that I can park on the street, issued by
the Arena. Now, if they're my streets, what are they issuing parking passes
for and, obviously, fortified in my argument is, they're asking me now for
permission to close it. Who gave them the right to issue passes on my street?
Mr. Knox: We'll be glad to talk to that when we come to meet with you at your
next meeting.
Mr. Dawkins s No.. .
Mr. Plummer: Well, I got other questions I want to ask at the next meeting...
Mr. Knox: I understand.
Mr. Plummer: ...I want to ask about this assistant director because I'm
getting some damn bad vibes about some political maneuvering on that job. But 4
we'll come to that next week.
Mr. Knox: All right. -
FR
Mr. Plummer: But now, is this our street to control or not?
Mr. Knox: No, this is simply in order to f ind a place around the Arena to,
number one, showcase the Arena and, number two, put up portable basketball
i
courts and all of this is done outside.
Mr. Plummer: So, you're asking us to be the contributing charitable factor.
Mr. Knox: No, we're just asking you to provide some essential services in
order that the event may be successful that does not detract from the revenues
that will go to the charitable organisation. {"
Y
Mr. Plummer: Then, Mr. Mayor...
Mr. Dawkins: What revenue? Who's the entity that's going to sponsor this? ^t
Mr. Knox: All right, let Mr. Ruday talk...
k �-
t .Mr. Dawkins: No, no, no, I asked you.
Mr, Knox: I'm saying that... T
Mr. Dawkins: Who is -be? I mean, it?
` Mr. Knox: It is the Retinitis Pigmentose Foundation, whiob is a Bch
L
Mr. Da All right now •Ito, no, OK, no r, that's the arPo"ar��-
F
7
Mr. Am Yes.
Y t Pam.
., -AOW wlto'• the orgsnixe r or the o9a actor t1w
16
gr7s
Mr. Knox: The organizer of the event itself is Pro Sports, represented by
Mr....
Mr. Dawkines Will they get a fee?
Mr. Knox: I'm sure they will get a fee.
Mr. Plummer: Ho, hop hot ho. And they're asking us to be the charity. Let's
give the money to charity and cut out the middleman.
Mr. Knox: No, but I'm sure that their fee is scaled also to the fact that
this is charitable organization that they're representing. If he...
Mr. Plummer: How much is their fee?
Mr.
Knox* If Mr. Ruday is willing to put that on the record, he can answer
the
question, I don't know.
_
Mr.
Plummer: Well, he'd better put that on the record first or don't speak
any
more.
Mayor Suarez: Give us the name and address, please.
—
Mr.
Jeff Ruday: The project manager for this event is...
Mayor Suarez: Give us your name, please, for the record.
-
Mr.
Ruday: I beg your pardon. I'm Jeff Ruday with Street Ball Partners, a
-
company out of Dallas, Texas. We have engaged Exclusive Sports Marketing,
-
which
is a local sports and event production company, to produce this event
_
for
us here in Miami to benefit the RP Foundation fighting blindness.
Mr.
Plummer: Fine, now what is your fee? How much do you make out of it?
Mr.
Ruday: If the event is profitable, once we have paid our project manager
and
all of our other fees, we will earn a profit.
Mr.
Plummer: How much?
Mr.
Ruday:. I don't know, sir, because we don't know what all: of our
expenses...
r
Mr.
Dawkins:. What is your estimated operational coat to put it on?
Mr.
Ruday: Seventy thousand dollars.
_ y`
Mr.
Plummer: And what is your anticipated revenue?#
Mr...Dawkins:
So anything over $70,000 is clear profit, declared profit.
Mr.
Ruday: Yes, air.
Mr.
Dawkins* So they got to make $70,000...�
Mr.
Plummer: Well, wait a minute, there's $70,000. How much ofthat$70,6070
is
your fee?
_
A
Mr;
I)awkins: All of it.s
-
Mr. Rudayi No, air. -
Mr. Plummer: I didn't answer, that wan his a4sveri i'ai ssUq& yo4i Qf .
°$70, 000 °. expsuses, how.nuoh of it is dedicated;: to your feet,
Mt. Ruday: Yes, sir,
Mr. Plummer: Now, how much do you stand to make?
Mr. Rudayt We will probably not make anything on this event, sir.
Mt. Dawkins: Well, what will your oper...
Mr. Plummer- Of the $70,000 of expenses, how much is dedicated in that to
your company?
Mr. Ruday: ?Nothing, unless there is a profit, sir.
Mr. Plummer: And you're saying that if its $70,000 total, you make nothing.
Mr.
Ruday:
I'm saying that what our anticipated expenses will be and unless
Y
we
can...
-_
Mr.
Plummer:
And you don't get anything. Your company doesn't get anything
out
of those
expenses.
-
Mr.
Ruday: No, sir.
_
Mr.
Dawkins:
The project manager don't be paid out of these expenses or
nothing?
Mr.
Ruda y=
I am not the project manager, sir.
P j B
Mr.
Dawkins:
But you selected him.
Mr.
Ruday:
I selected the project manager.
Mr.
Plummer:
OK, how much do they make?
Mr.
Ruday:
Ten thousand dollars, air.
M
P1
T th d d 11
r. simmer: en ousan o ars.
Mayor Suarez: J.L., I think we're going to have to adjourn. The only thing I
can suggest at this point - I know Mice Mayor Dawkins has to be on his way to k°
_
a presentation - the only thing I can suggest, George, if you want to try for
any of this that does not imply any expenditure of money, is there anything
—
here that has to do with closing streets or anything?
Kr.•Plummer: Well, what about all of the money that the Sports Authority has? "s
Why aren't they paying for it?
Mayor Suarez: J.L., we're going to have to close off discussion on anything
_
except what doesn't cost an money. Do
p y y. you need any approval for any of this
that doesn't cost any money?
t Y'
Mr Plummer: They got more money now than they know what to do with. s
"s
s-
Mr. "ox -' -No, we believe ` that we can work with the''Maaager if you *iY
Indicate that you will direct or approve... -
Mayor Suarez: Weil, I'm : not sure that we were headed is thst `di=ee:tiga
�..
Gieorge. +� r
�.
Mr. Mummer: Yeah, , yeah.. . t:
Or. Rnox: Jft I'm ,dust saying that that does not involve a 'cash a 40ndit.''i �
We would like very much for the in -kind services to be provided. -
Ur' Cdlq: The Commis:rion has to approve roe t cie?aur#s not ma.
btno, oI d3ayou : mn�#
k
utco but It's'roally'sot 14,-kin4, ' ita cosh.
zaf
x iyza
Aver;Q�,I -want move *�Hr M r
a r -
:±ai' j+aur £ stre�e;ts •
•
Mr. Odios Yes, you have to do that.
Mayor Suarets Right, subject to our control over the terms thereof.
Mr. Plummer: That's right.
Mayor Suarez: OK, so...
Mr. Plummer: Our streets.
Mayor Suarez: So moved for this event.
it so we can at least do that.
Mr. De Yurre: I'll move that.
Somebody second, please, that part of
Mayor Suarez: Seconded by Commissioner De Yurre. Any discussion? If not, to
please call the roll on that.
The following resolution was introduced by Commissioner Plummer, who _
moved its adoption:
RESOLUTION NO. 89-1054
A RESOLUTION CONCERNING THE DIET PEPSI HOOP -IT -UP TO
BE HELD DECEMBER 1-3, 1989, PROVIDING FOR THE CLOSURE -
OF DESIGNATED STREETS TO THROUGH VEHICULAR TRAFFIC;
CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON THE
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY -
SERVICES ASSOCIATED WITH SAID EVENT.
(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 J. L. Plummer, Jr.
Commissioner Wriest Alonzo F'
Vice Mayor Victor De Yurre
-
Mayor Xavier L. Suarez:
NOES: None.
ABSENT: Commissioner Miller Dawkins -
T'
Mayor Suarez: The only thing I can suggest because we're recessed .until b
K=
2:30... Y
} Mr. Plummer: Wait, well, Mr. Mayor...
r<
t
` Mayor Suarez: Yes,
Mr, Plussser: ...may I put on be record, real quick :like.
U. .
Mayor Suarez: Or J. L. alternatively, that 't
� y , � y you mast with him now end yet
eight want to decide whether it's worth 1t for youto -cams back at 2z 30 -ors t
because•it doesn't sound like you're headed in the right direction. -
Mr, Plummer: George..,
r
Mr. Knox: Yes. �
` Mr, Plummer: ...for the neat meeting, I want to speak to three- issue$ . t�
& h
assistant 41xsctor,1r71 grant to speak to this parking on the atreet issst+ + 3
an finding out, I hope IIn wrong, but speak to that YOU 're__pl on --
spending 4250,000 of:, $parts Authority; money, : to; do a Study . ob"t Ws y r S, ;
ltke -tor you to'- speak to, sl,l iof those.
t
34 ;, -�_ We "rill. sor t escb -�Ane of r hoso ; �tios� o
us r
Mr. PIUMer: I hope you do.
Mr. Knox: Thank you.
Mayor Suarez: OK, on this item, I guess you're welcome to come back at 2130
or you're not going to do that?
Mr. Knox: Weil work with the Manager...
Mayor Suarez: All right.
Mr. Knox: ...and then we'll come back.
Mayor Suarez: We're adjourned until 2:30 at the request of Commissioner De
Yurre.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:12 P.M. AND RECONVENED AT 2:31 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS DAWKINS AND DE YURRE.
24. CONTINUE PROPOSED RESOLUTION CONCERNING APPEAL BY APPLICANT (LEONARD -
LEVENSTEIN) OF SPECIAL EXCEPTION TO PERMIT EXTENSION OF DOCK MOORING —
PILINGS INTO BISCAYNE BAY AT 1698 S. BAYSHORE LANE.
Mayor Suarez: We had, on the planning and zoning agenda, we have one
announcement, at least maybe more, so that people won't stay around for the
item. PZ 11. Am I right?
Mr. Guillermo Olmedillo: That is correct, Mr. Mayor.
Mayor Suarez: Appellant seeks to defer action on that item. Is there anyone-
,,.
from the general public, since the item was scheduled for 2:00, we can
procedurally state into the record that they are seeking to defer. Is there
anyone that opposes that as to PZ-11? Do you continue until the 14th.
Mr. Olmedillo: To continue the item, December the 14th, which is...
M P1 �f-
r. ummer:
Move it.
Mayor Suarez:
The 14th. So moved by
Commissioner Plummer.
Dr. Alonso: Second.—
Mayor Suarez:
Seconded, Commissioner
Alonso.
Y
Mr. Plummer:
I think we'll have to
do it again after 2:00 o'clock, because
that is a separate meeting from this,
but I'll do it now...
Mayor Suarez:
Can we not do it procedurally at this point because it is after
2:00 now?
µe
<
Mr. Plummer:
Had we started the planning because, remember, we're .here today,
on two different
meetings, Mr. Mayor.
Mayor Suarez:
Right.
z
Mr. Olmedillo:
Correct.
,
Mr. Plu maers
And we're not on the planning and zoning . unIs X8,7014 wsaW ` t t: E z
convene that and
then disband it,
s
" -
:
Mayer Snares.
Wail, let'® call the
..�i � U
roll .94 itd i! we seed tp do, it
first opening
our planning and zoning
sgeada, Ve'll 49 Lt.lot
.F4:..
�
y
€W _
F P .
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSION ALONSO, THE ABOVE MATTER WAS
CONTINUED BY THE FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins
Vice Mayor Victor De Yurre.
Mayor Suarez: And let us know if we have to retake that vote to do it in the
correct meeting. I think the sense of the Commission is clear on that. If
not, if we have nothing further, we continue with the morning agenda an
quickly as we can possibly get through it.
24.1 BRIEF COMMENTS BY COMMISSIONER MILLER DAWKINS CONCERNING DELIVERY OF THE
KEY OF THE CITY TO MISS AMERICA (U.S.A.)
Mayor Suarez: Item fourteen...
NOTE FOR THE RECORD: Commissioner Dawkins entered the
meeting at 2:32 p.m.
Mr. Dawkins:
Before you get to that, Mayor...
Dr. Alonso:
Fifteen.
Mayor Suarez:
Fifteen?
_
-E
Mr. Dawkins:
...I have a point of special privilege.
Mayor Suarez:
Yes, Commissioner Dawkins, Vice Mayor...
Mr. Dawkins:
I just left presenting the key to the City to Miss America.
Mr. Plummer:
Mr. who?
#:
Mr. Dawkins:
Miss America, a beautiful young lady.
r
Mr. Plummer:
No wonder you're late.
};
Mr. Dawkins:
And I made the statement that if I were
30 years younger, I'
would offer her another key. And I was saying...,.
i
Mr. Plummer:
Ohhhhhhh, boy. You better remember what happened to Alex Daoud!.r"
}
Mr. Dawkins:
Vhat I was saying the key to matrimony,
not the key to my
apartment, because I don't have one.
;i
..
Mr. Plummer:
Ohhhhhhh, you're digging it deeper.
Mr, Dawkins:
So, I ranted to put that on the record now.
4
z
(Laughter)
s
Mr. Dawkins:
So, when my rife reads it in the morning,
she will uadelrataltdl
—
what wolrs saying.
x ,
Mayor Suarez:
Yeab, gait till Nancy hears about it,
Dr. Alonso a Nancy just walked into tho r4m a,
102
- ` y
A 5 BAN .'f4'
Y-
Mr. Dawkins: OK, thank you.
Mayor Suarez: All right.
Mr. Plummers The Miami Herald just bought another truckload of ink.
25. (Continued discussion) PROPOSED EMERGENCY ORDINANCE CREATING NEW SPECIAL
REVENUE FUND: "OMNI AREA REDEVELOPMENT TAX INCREMENT TRUST FUND
ACCOUNT" - REDEVELOPMENT TAX INCREMENT TRUST FUND ACCOUNT" - AUTHORIZE
MANAGER TO MEET WITH DADE COUNTY COMMISSION TO RESOLVE: (a) COUNTY'S
EXPEDITIOUS APPROVAL OF THE OMNI TAX INCREMENT DISTRICT INTERLOCAL
AGREEMENT; (b) APPROVAL OF A ZERO BUDGET FOR FY'88 AND 189 FOR THE OMNI
TAX INCREMENT DISTRICT; AND (c) CITY'S FULL PAYMENT FOR FY 190 ON
JANUARY 1, 1990 - CITY MANAGER AUTHORIZED TO MAKE PAYMENT (See label
21).
NOTE FOR THE RECORD: Vice Mayor De Yurre entered the
meeting at 2:34 p.m.
Mayor Suarez: Item 14, emergency ordinance. Oh, this was the morning item.
Mr.
Odio: I think Commissioner Dawkins deferred that one, didn't he?
Mr.
Dawkins: Yes, the problem I have, Mr. City Attorney, is this a legal
document?
Mr.
Jorge Fernandez: Yes, sir, the resolution that's in
front of you is a
legal document.
- Mr.
Dawkins: Then, can you and the Manager assure me that if we pass this,
this will create no problems with our bonding capacity and
if it is challenged
by anybody in court, that you can successfully defend it?
Mr.
Odio: Well...
Mr.
Plummer: Well, first of all, we can't vote on item 14.
Mr.
Dawkins: Why?
Mr.
Odio: Why?
4ti
Mr.
Plummer: It's not legally before us.
—t
{
a
Mr.
Dawkins: Why not?
Mr.
Plummer: The City Attorney has not signed off on this
document.
Mx.
Odio: Oh. Will you sign that, please?
}
Mr.
Fernandez It is, the resolution...
Mr.
Plummer: No, it's not,
t
Mr.
Fernandez: ...the resolution that's in front of you
that was passed to
you
substituting the ordinance that got on the agenda...
ff
7,
�F
Mr.
Plummer: Where is it?
Mr.
Fernandez: .,.has been signed by me.
�
Mr.
Plummer: Where is it?
Mr.
Fernandez: it was given out to you several dsys ago.
103
Ca F
i t1t`b`,
Mr. Plummer: No, no, no, you got to send it to us five days in advance. Is
there any changes between that one and the one I have before tee?
Mr. Fernandez: Yes, there is, what you have in front of you...
Mr. Plummer: I'll invoke the rule.
Mr. Dawkins: Call the order of the day.
Mayor Suarez: Is there anything related to this that has been before us at
prior meetings and for which the rule would not apply because we've had it
before us?
Mr. Fernandez: This item was in front of you once before in November.
Mayor Suarez: It's a serious invocation of the rule. I'll respect it, I
just... if there's anything on it that we could act on today so we could get
moving with that...
Mr. Plummer: Let me ask you, what is the differences between the one which I
studied at home like a good Commissioner should do and the one that was thrown —
at me today thinking that I was a jackass and would vote on anything? What's
the difference?
Mr. Fernandez: The administration is in a much better position to explain -
that to you as we prepare for them, both of them...
Mr. Odio: The difference is that one is at...
Mr. Plummer: Would the jackasses of the administration please explain the
differences.
Mr. Odio: Oh, wait a minute, I don't see anyone here. There is nobody here.
Mr. Plummer: Just say hee haw.
Mayor Suarez: We will...
- Mr. Plummer: What's the difference?
Mr. Odio: How did you do that again, Commissioner? No, the difference is
-
that...
Mr. Plummer: Did Matthew Schwartz have anything to do with this? Because if
- he did, I know what the problem is.
t
J Mr. Odio: The difference is that one is an ordinance and this is 4
- resolution. -
Mr. Plummer: Why is there a difference?
Mr. Odio: Because we were informed that this is the mechanism we had to use
— at this time. Then, when the County approves the interlocal agreement, we'll
- bring back the ordinance.
r
Mr. Plummer: Accordingto what I have the Count approved , y the intorlocal
agreement...
Mr. Odio: No.
�x�y
ry
Mr.
Plummer: Are we
speaking on item fourteen?
Mr.
Odio: I've boon
told that we have
to pass this
resolution.
Hr,
Plummer: Are we
speaking about
item fourteen?
p� $
Mr.
Odlos Yes.
_.
Mr.
Plummer: Let me
read from your
notes on July —
number three. of Joey
7th,
1907, Dade (County approved the
Omni Area...
�
2�
r* C
104
k
k ui'*-
r
JS
-- t
s
Mr. Odio: Yes.
Mr. Plummer: ...redevelopment plan.
Mr. Odio: Yes, by the way, I'm going to stop putting my notes in it. Those
_
= are my notes. But the fact is that they have not approved. It went to
committee and they have not finalized the interlocal agreement between the
County and the City. We passed the resolution, they approved the interlocal
4-
agreement, we'll bring it back as an ordinance.
- Mr. Fernandez: That is correct the way that the Manager has represented it to
— you.
Mr. Plummer: iiell of a way to run an airline. I'll withdraw my five day...
X
Mayor Suarez: Appreciate it, Commissioner.
-
- Mr. Odio: So, we have another step to take after this. We'll have to bring
it back to you as an ordinance saying the County has approved and now we
- proceed.
Mayor Suarez: I'll entertain a motion on the resolution.
Mr. Dawkins: Mr. City Attorney, did you answer my question...
Mr. Fernandez: No...
Mr. Dawkins: ...that you could successfully defend this in court?
Mr. Fernandez: I did not answer your question.
Mr. Dawkins: I didn't think you did, sir. Thank you.
Mr. Fernandez: You asked more than one question. As to what the bond counsel
has
to say, I...
Mr.
Odio: The first part, this will not affect our bond.
Mr.
Dawkins: Are you the City Attorney, Mr. Manager?
Mr.
Odio: No, you asked me.
Mr.
Dawkins: All right, no I did not ask you anything,
Mr. City Attorney
-
Mr.
City Manager.
-
Mr.
Odio: OK, all right. Oh, I'm sorry.
�yv�
--.
Mr.
Fernandez: I do not have anything in writing confirming bond counsel's
=
opinion as to whether this affects our bond standing.
And, secondly, as to
-
our
ability to defend this in court, yes, we think that the
resolution and the:
—
process that we have adopted by first bringing you a resolution
and then later 3
on,
bringing you an ordinance after the interlocal agreement is passed by the
County, is proper and legal and certainly defensible.
Mr.
Dawkins: Now, Mr. City Manager...
—
Mr.
Odio: Yes, air.
y
sr
_
Mr..
Dawkins: ...can you assure me that this will, in no way, affect `SLR
bonding capacity or our bond rating if we adopt this?
,our
Mr.
Odio: No, it won't.
Mr.
Dawkins: Beg pardon?
.
Mr.
Odio: It will not affect our bond rating.
Mr.
Dawkins: OK:
t
—
:
r
Kr.
Plummer: Question.
v � e
a^
3
�{P
r
Mr. Dawkins: I would like that in writing from our bond counsel by the next
meeting, please, sir.
Mr. Fernandez: We do not have bond counsel selected yet to work on the
Omni...
Mr. Dawkins: You do have financial advisors for the City of Miami, do we not?
Mr. Odio: Yes, I will get it.
Mr. Dawkins: Do they advise us on bond business, Mr. City Attorney?
Mr. Fernandez: No, financial advisors advise us on financial matters. They
are not attorneys, only bond counsels.
Mr. Dawkins: Oh, and we do not - and we have not sold any bonds or nothing
that we needed counseling on?
Mr. Fernandez: Not on this district.
Mr. Dawkins: All right, then let's do it this way then. The Standard & Poors
and the Moody's and those who bond us, get me a legal opinion from them if
this will affect our bond rating.
Mr. Fernandez: All righty.
Mr. Dawkins: Thank you.
Mayor Suarez: OK, do you want to...
Mr. Plummer: Question.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mr. Manager, this is a two part ordinance or now resolution.
One is to establish the trust fund and then appropriation initial funds for
its operation. How much are those initial funds and who is receiving the
—
money? I don't find any of that in the backup material.
-
Mr. Odio: We are not giving monies to anybody. We would have...
s
Mr. Plummer: Sir, I am only reading from what is on the agenda. And I'll
read it to you again. "And appropriating initial funds for its operation in
�s
-
the amount of...". It says appropriating. What are you appropriating, how
-
much of that money, who is getting that money and what is it being used for?
fi
Mr. Fernandez: Commissioner Plummer, you continue to make reference to the
ordinance which is not properly in front of you.
-
Mr. Plummer: Where is the resolution? I'm sorry.
Mr. Fernanders Yes.
Mr. Plummers Where is the interlocal agreement?
r
Mr. Odio: I said, Commissioner, once we have the interlocal agreement, we
will bring back an ordinance so that you can vote on it. Now, we send this
resolution to the County and hope that they will send us back an interlocal
agreement.,
-
Mr. Plummers
But, are you asking us,
as a Commission, Mr. Manager, is anybody
up here seen the interlocal agreement?
w^�,
Mr. Schwartz:
The Commission approved
it.%
Mr. Plummers
Where is it?
R'—
Mr. Schwartz;
Last October. It's
not attached to this package, it We
approved by the City Commission.
Mayor Suarerts
y
Yes, on the basis...
�-
-
�
�
y
�L
106
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Cya g(a.g47"YY.
��-.'SS.N2.,. l.t ixe#t..x
t.. .T..t, •., �1?:, t f.... ..
., n...x r .. e�'+.fi_.m ... a ..•r,. .: 3.�'..e;
7t,..t... v^S.s1¢(3."S Guaro'aiLY�,�Fs*Slti.,:.5.�"`ra'af* _ - - —
11
Mr. Schwartz: And sent oh to bade County for their approval.
Mayor Suarez: The basis of the interlocal agreement is like the Overtown/Park
West one that we have the powers from that point forward as a development
district, do we not?
Mr. Schwartz: Right, and the City had...
Mayor Suarez: As a development board, I guess.
Mr. Plummer: We are the board.
Mayor Suarez: Right, we will be the board.
Mr. Schwartz: ices.
Mr. Plummer: But there is in no way, shape, or form any of this money is
allocated?
Mr. Odio: We're not, we're not...
Mr. Plummer: OK. Well, let me, for the record, apologize that I studied what
was sent to me like most Commissioners are supposed to do and my ignorance is
only generated at the last minute when people are derelict in sending me
materials this morning that I'm supposed to understand and comprehend. Excuse
my ignorance.
Mayor Suarez:
Do we have a motion on the resolution?
-
Mr. Plummer:
Mr. Mayor, I'll make the motion simply because of the fact it
saves this City about a million and a half dollars. And I think that is what
is necessary.
I must express concern to this Commission and to the Omni
district, that that $700,000 less money that this City will have to provide
the municipal
services that they are still going to expect in police, fire,
—
sanitation, and public works. And I am very concerned of where that money is
going to come
from to provide them with those services. So, I'm voting for it
because it saves in the long run the City an initial million and a half
—_
dollars.
Mayor Suarez:
OK.
--
„3
Mr. Plummer:
We can get it from the Sports Authority. They got plenty of
+
money.
Y
Mayor Suarez:
Was that a motion?
Mr. Plummer:
Yes, sir.
—
bW
Mayor. Suarez:
Do we have a second? Do we have a second on the motion?
Accepting the
resolution for the district, before we go to the third time...
Mr. Plummer:
I'll withdraw.
Mayor Suarez:
...I will second the motion.
Mr. Plummer:
Due to the lack of interest, today's been cancelled.
,
Mr. Dawkins:
— Call the roll.
4;
It's been properly moved and seconded. Any further discussion? r`
x
'=
h1
The following resolution was introduced by Commissioner Plummer, who :.
moved its adoption:
RESOLUTION NO. 89-1055
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
THE CITY MANAGER TO MEET WITH THE DADS COUNTY
COMMISSION TO RESOLVE THE FOLLOWING ISSUES: THE
METROPOLITAN DADS COUNTY BOARD OF COUNTY
COMMISSIONERS' EXPEDITIOUS APPROVAL OF THE OMNI TAX
INCREMENT DISTRICT INTERLOCAL AGREEMENT, PREVIOUSLY
APPROVED BY THE CITY OF MIAMI, RESOLUTION NO. 88-888;
DADE COUNTY'S APPROVAL OF A ZERO BUDGET FOR FY '88 AND
89, FOR THE OMNI TAX INCREMENT DISTRICT; ALSO THE
CITY'S $699,605 ON JANUARY 1, 1990, PURSUANT TO STATE
STATUTES; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE
SUCH PAYMENT.
(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:
-' AYES: Commissioner J. L. Plummer, Jr.
-� Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
i NOES: None.
—! ABSENT: None. -•
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Miller Dawkins, in his first day as Vice Mayor has been more
busy today than any Vice Mayor in the history of this City. I vote yes.
26. EMERGENCY ORDINANCE: AMEND 10451 - ESTABLISH RESOURCBSJAPPROPRIATIONS
FOR "MIAMI POLICE CRACK COCAINE" FUND - INCREASE FUND BY $32,255 DUE TO
FORFEITURE ACTIONS.
Mayor Suarez: OK, item 15, emergency ordinance establishing Miami Police
crack cocaine fund, etcetera.
Mr.
Odio: It is ...
-
Mayor Suarez: I'll entertain a motion on it.
-
Mr.
Plummer: How much money is already there?
This is an additional amount 2 -
of
$32, 000.
z
Mr.
Odio: Thirty-two thousand, two fifty-five.
I'd like to put it... d -
Mr,
Plummer; What is the total fund?
Lt.
Joseph Longueira: There's $350,000 there now, that was the grant. M
Mr.
Plummer: And what is this money going to be
used for?
Lt.
proceeds
Longueira: This money is going to be used
from the grant have to go back into the
to continue the grant. Tbo
grant.
Mr.
Plummer: And ghat is the grant doing?
Lt.
Lon$ueira; This is the crack cocaine where
they do the sting operatioax
and
thia$s like that.
t-r
106
G
s
,.f�.s ice.• µ I
}
.L
7 .
Mr. Plummer: For which we also provided a million dollars in the budget: _
Now, are you telling me that this is a million, three hundred and fifth
thousand?
Lt. Longueira: I don't know what you're talking about, a million in the
budget.
Mr. Odio: I don't either. We have regular sting operations and then this is
a special task force that we obtain...
Mr. Plummer: So, in other words, in the $79 million dollars of the budget of
the City of Miami Police Department, plus the capital improvements, which put
it over a hundred million, that this is an additional $350,000?
Mr. Odio: It's a grant.
Mr. Plummer: But it's an additional beyond the hundred million already being
spent.
Mr. Odio: Yes.
Lt. Longueira: Yes.
Mr. Odio: And I hope we get many, many more dollars so we can continue the _
drug sting operations and...
Mr. Plummer: Well, I hope you get many, many more dollars, but I hope you -
would reduce the general fund obligation somewhere under $79 million dollars.
Mr. Odio: It's seventy-seven.
5
-
_+
Mr. Plummer: The way you throw two million around here is nothing. Mr.
-I
Mayor...
_{
-;
Mayor Suarez: I'll entertain a motion on the emergency ordinance. If not,
-_
I'll go on to the next item.
Mr. Plummer: Well, Mr. Mayor, I'm not going to let
the City lose $32,000 even -
though they're throwing it away. I'll move it, I'll take the money.
Mayor Suarez: OK, so moved.
-
Dr. Alonso: I second.
-
Mayor Suarez: Seconded. Any discussion? If not,
j r g
please read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10451.;
ADOPTED ON JULY 14, 1988, ESTABLISHING RESOURCES AND
_-
APPROPRIATIONS FOR THE "MIAMI POLICE
CRACK COCAINE"F
FUND, INCREASING THE AMOUNT BY $32,255
AS A RESULT OF �r
—
ADDITIONAL MONIES DEPOSITED IN SAID
FUND DUE TO
SUCCESSFUL FORFEITURE ACTIONS; CONTAINING
A REPEALER "
Off`
PROVISION AND SEVERABILITY CLAUSE.
Wk
Was introduced by Commissioner Plummer and
seconded. by Comissioner
Alonso for adoption as an emergency measure
and dispensing with the; �; t
iY`
requirement of reading same on two separate days,
which was agreed to by the_zie
following vote:
AYES: Commissioner J. L. Plummer, Jr.
= �
Commissioner Miriam Alonso
°
Commissioner Miller DawkiAs
Vice Mayor Victor De Yurre
-
Mayor Xavier L. Suarez
J
A�
S: Blame,
x
y
109
0 ! �
z
i.
d _—
Whereupon the Com:aission on motion of Commissioner Plummer and seconded
by Commissioner Alonso, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
yh
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10664. =:17
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:
Mr. Plummer: Justify the emergency.
Mr. Odio: The reason for the emergency is so we can continua the attacks on
the crack cocaine users in the City of Miami.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: You know, I'd hate to see a challenge to our emergency
ordinance...
{ Mr. Plummer:
You know, honest to God...
-
• Mayor Suarez:
...where the people challenging the basis for it Mould use the
-
-! transcript of
that noise you just made to show that we really didn't think it
_.- was an emergency. Can you imagine that?
_
Mr. Plummer:
It's amazing.+_
Mayor Suarez:
Anyhow....
= Mr. Plummer:
Amazing.
-
27. DISCUSS
AND MOMENTARILY TABLE PROPOSED EMERGENCY ORDINANCE AMENDING
10021, WHICH ESTABLISHED INITIAL APPROPRIATION FOR LAW ENFORCffi`lENT TRUST
r-
FUND (See label 29).
�z4
Mr. Dawkins:
Move sixteen.
O- A
Mayor Suarez:
Item sixteen.
m
Mr. Dawkins
Move sixteen._-
\ Pv
Is�`r 4
Mayor Suarez:
Item sixteens been moved. Do we have a second? -Do tre .hawse° a
minute?
-
j-
Mr. Plummer:
,Just for discussion, I'll second it,
Mayor Suarez:
Thank you.
Mr. Plummer:
Now, this is outside of the hundred million you normally
- right?
-
Q*.
Mr. 041o: This is the Law Rnlorceamnt Trust ft4d,,
confiscated dollars, ,
Y�
U. flumor: And ubat -aro thewe monies being u**4 • for? _ X,`�{��� �
110
s�
AT,
Mr. Odio: They are to be used for crack prevention, anti -drug education, lax
enforcement activities.
Mayor Suarez: We haven't yet specified or allocated then...
Mr. Odios No, they're just being put in the fund.
Mayor Suarers ...we're just creating the fund. It will have to come back for
approval as to specific expenditures?
—
Mr. Odio: You will have to approve every expenditure
out of that funds.
Mayor Suarez: All right, just creating the fund.
Lt. Longueiras The boxing
-
Mr. Odios You approved the boxing pp g but this
is adding to the fund.
Mayor Suarez: Well, if we did something in the morning
in the consent agenda,
that's OK.
-
Mr. Odios Get me the figures.
�^
Mr. Plummer: Just for my information, how much was the new boxing program
_
allocation?
Lt. Longueira: It's $110,000.
Mr. Plummer: And how many policemen are being used
in that operation? Sworn
officers?
Lt. Longueira: I believe it's three, a sergeant and
two PO's.
Mr. Plummer: You have three sworn officers in a boxing
program.
Mr. Odios We have three people.
Mr. Plummer: And you have three sworn officers
in the boxing program Y
downtown, is that correct?
Lt, Longueira: No, no, it's a total of three.
Mr. Odio: Total of three.
Mr. Plummer: Total of three. A hundred and fifty
thousand dollars for man
who are supposed to be out fighting crime are teaching
boxing. w,
f
,�..,.
Mr.Odios It's cheaper to prevent crime than to fight it.
_
Y7i
Mr. Plummers Sir, one of these days, you're going to
have the privilege taken t
away from you of providing policemen at $50,000
that are basically not
R
fighting crime.
Mr. Odio: But they are fighting crime.
< `
4j
Mr. Plummer: Not in that boxing arena,
CY
rye .
"
Mr. Odios Oh, yes, they are, Commissioner. We have
a difference of opinion, x�
I think if we...
,
*
(
Mr. Plummer: Hey, we definitely do and you know what? The results favor men
f:.
because the results are not there.°
Mr. Odio: If a kid is boxing, and he's got a
role model as a t"
officer...
r
Mr. Dawkins: How can you say that the results are
not there when y o t
d*tormine how matey youth ` may have been deterred: from crime beasup -df � 00 r�
boxing program?
Mr. yluaamor:. .Mr. Dawkins, 1141 not . oven trytog to equate tbut...
A
1 i
'NOV t� _
>�.y.E
C
�e
r
Mr. Dawkins*. Oh, OX.
Mr. Plummer: ...I'm saying that you can get instructors for less than $50,000
to teach a boning program.
Mr. Dawkins: Or you could get some free.
Mr. Plummer*. And these men who we have extreme difficulty of getting to be a
sworn police officer should not be in there at $50,000 a year teaching boxing.
That's all I'm saying, sir.
Mr. Dawkinss OK. And I have no arguments with that.
Mr. Plummer: I don't think you can argue. You know, the Manager does, but
it's not his money.
Mayor Suarez*. Well, no, you really.... there is one argument that I think
should be put on the record as long as you got into it, and that is that this
is the only interaction that many, many of the young people in our city have
with police that is not in the typical, you know, antagonistic way, I mean,
and there are three people in uniform that are actually relating to the
youngsters in our community again in a cooperative way and in a sports way and
I'm not saying that this is the correct amount or that the budget should be
more or less, but there is one very positive element of that. And other
cities would be happy to have the kind of a community relations component.
Mr. Plummer: Mr. Mayor, let me give you one other example, if they'll tell me
the truth. Lieutenant, tell me how much money is dedicated to this program
from the police budget?
Mr. Odio: I'll tell you...
Mr. Plummer: I asked a question. I'm sorry, Mr. Manager, you tell me, it's
my responsibility to ask you.
Mr. Odio: It's approximately $700,000.
Mr. Plummer: Seven hundred thousand dollarrj for a boxing program.
Mr. Odio: ices.
Mr. Plummer: Virrick Gym operates on less than $200,000 and has five times
the amount of kids. I am sorry, you will never convince me that a boxing
program for $700,000 is the responsibility for a Police Department. Nov,:you
can have a PAL, you can have all of those Police Athletic Leagues, you can
_
have the Boys' Club but when ' y , you tell me that you've got three of any able
bodied policemen and damn near three-quarters of a million dollars, I'm going
to tell you, put it in the Parks Department. That's exactly where you and I
fall apart, Mr. Manager.
Mr. Odio: We sure do.
Mr. Plusmmers The priorities in this town are not being looked after when John
Q. Public calls the Police Station and has a six hour response for his call.
Mayor Suarez: I would suspect, respectfully, that a lot of that.$700,000 item
r'
Mr. Odio s Is part of...
g"
Mayor-Suarots Yes, it's budgeting...
'erg
S
Mr. Plummers It's part of tiro :program, Mr. Mayor - $70000001
"4`f
Mayor Suarez: ...allocated to the program which mightaven in iuie this
�K =
salaries of Lt. Longueira, the CAty Manager,..
Mr. Mot I'll stand by the fact that I think a. d after realip looitfng C {$
the programs because I had the same concerns that if we..,
fir
rf $1�
1
Mayor Suarets f can't imagine that $700,000 out of pocket for it, I mean, it
must be just in terms of...
Mr. Plummer: Oh, it is. No, it is.
Mr. Odio: No, we have... but, we have...
Mayor Suarez: ...what we attribute to be the expenses related to the program
from every staff person in the City that has anything to do with it and...
Mr. Plummer: No, no, no...
Mr. Odio: We have boxing gyms now in Hadley. We have, in this other park,
Clemente, now here in the corner of Grand and we do oversee this in Virrick
here. I think that every kid that we can work with is very important.
Mr. Plummer: Let me ask one other question. Lieutenant, can you tell me how
many kids are involved in the program. It was roughly a hundred and thirty at
the last count.
Lt. Longueira: That's just the boxing part though...
Mr. Plummer: Yes.
Lt. Longueira: ...we also have the weight lifting part and things like that.
Mr. Plummer: OK, but how many kids involved?
Lt. Longueira: It comes out to be over five hundred.
Mr. Plummer: No way.
Lt. Longueira: Yes.
Mr. Plummer: I've been there. There's no way you've got 500 kids.
Lt. Longueira: Commissioner, not...
Mr. Plummer: I'd like to see a list of the names, please.
Lt. Longueira: They're not all constant involvement. Some of them are
partial at different times but they come in and out of the program.
Mr. Plummer: That means for each kid in that program, you're spending $1500,_
if I accept your 500 number. Look, I am not arguing that. I am arguing that
the primary purpose of a Police Department is to enforce the law. That's the �
r;rhr{,
primary purpose of a Police Department. All right, sir? Nov you can argue
with me as long as you want...
Mr. Odio: I think that...
Mr. Plummer: ...and I will say to you,.the minute that crime is-under;control
in this town, I'll shut.up. z
Mr. Odio: Oh, you will?<,,vv
Mr. Plummer: Yes, sir. k.
z
Mr. Odio: I1,11 tell you something, Commissioner.. I have been with,,off e t y?.
to talk in schools about drugs and I have seen the faces of those kidsd t
that officer is not out on the street patrolling: he's out there preventing T
that those .kids gill get involved in drugs and the saw thing .works with "
boxing program.
tr j x {fit �c
Mayor Suarew: Well, it's a valid policy. question. The Conseiosione �,�
like to delve into that budget and would you provide it to bija and, you kooM# �
tie may have to take it up where it's not before us at this point. QK,..'
1.
= i l$ '
•
28. (Continued discussion) ACCEPT BID: INTERAMERICAN CAR RENTAL, INC. - FOR
FURNISHING RENTAL VEHICLES TO BE USED BY POLICE DEPARTMENT'S TASK
FORCE/STREET NARCOTICS UNIT, SPECIAL INVESTIGATIONS SECTION AND ANY
UNDERCOVER/SURVEILLANCE OPERATIONS (See label 14).
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: Yes. Commissioner.
Mr. De Yurre: ...can we go back to the consent agenda, item fifteen which had
to do with the police...
Mr. Plummer: Right.
Mr. De Yurre: ...rental vehicles.
Mayor Suarez: On item 15, did you need to reconsider, or just want to
clarify?
Mr. De Yurre: They gave me a list of - or some information that the total
number of vehicles that are used..
Mr. Plummer: What number?
Mr. Da Yurre: Fifteen.
Mayor Suarez: Back on fifteen.
Mr. De Yurre: Consent agenda.
Mayor Suarez: Oh, CA fifteen?
_
Mr. De Yurre: Yes.
.._
Mr. Plummer: Oh, that was on the automobile?
H�
Mr. De Yurre: Yes, that's right.
t
Mr. Plummer: OK.
_
1
—�
Mayor Suarez: Is that the one that we had tabled until
you could get more
information?�
Mr. De Yurre: That's right. The information that I
have is that the total
_
number of vehicles used throughout the year number about 2100. As far as
changing and turning them in that there are 80 out at
the same time, but the
interchange of automobiles for the police protection
amounts to about 2100'. a,
The only other question I want to have on the record
is, who pays for these
vehicles when there's repairs to be made and if they're
involved in automobii,e
accidents, if they're stolen, so on and so forth?
Mr. Plummer: They do, it's on a leasing program.
Lt. Joseph Longueira: The repairs are done by the
rental company and; I
believe the damage for accidents vas done by them also. Right. And -that's
_
why...
=1
Mr, Jorge Fernandez: No, my understanding is that the liability - the Ci#y
has assumed the liability for any accidents and so, therefore, my..
understanding is that the trustees of the self-insurance trust fuAd hive- of
and have agreed to accept this as another liability
of the self�insuraab+a ?�
trust fund.-
Hr. De Yurre: As far as any property damage?
w
-
Mr. Yernandez: Correct,
::
_ E
i
br. Do Turre: Now about personal liability?
1*+r*
114S
a y
Mr. Fernandez: That too.
= Mr. De Yurre: Do we have any records how much we've spent on that? How much
was spent on that last year?
Mr. Fernandez: Yes, we do.47
= Mr: De Yurre: How much is that?
Mr. Fernandez: We have recommended to the trustees of the self insurance
trust fund that there should be at least $2000000 designated to meet that
responsibility and we're basing ourselves for an experience over the last two
—
years.
J Mr. Plummer: ...our driving record is impossible, that's why we're self-
. ; �=
insured.
= Mr, De Yurre: And who was paying that before?
Mr. Fernandez: The self-insurance trust fund, the City.
Mr. De Yurre: Has always been paying it.
— Mr. Fernandez: Not necessarily. I the past, it had been the issue of
litigation and that had been the issue of a great deal of discussions. We had
-
paid portion and the other, the car rental, the car leasing company, had paid
the other portion. But still, we have records as to the number of injuries or
— the number of accidents and the amount of damages. That doesn't mean that in
the past, we had necessarily paid it all.
Mr. De Yurre: OK, thank you. Mr. Mayor, I'm going to move this because I've
— been talking to several police officers and there's a need to continue this
program. In fact, I think they had to turn in the... the contract expired
what? -today?
_
Lt. Longueira: Today.
Mr. De Yurre: And there was some difficulty with that.
— Mayor Suarez: And there are 2,000 separate instances of the cars being leased
representing the 80 that are budget? That elar...
—
Mr. De Yurre: According to the information I have, 2,100 cars are used
throughout the year.
k
= Mr. Plummer: As they turn them in and out.
= Mayor Suarez: Or 2,100 different instances of the car....
>s
_
Lt. Longueira: Some of that...
.
4
Mayor Suarez: ... that clarifies how you use the program. I mean, it's not
- just eighty and...
; .A
Lt. Longueira:
Right, some of that may be used for maintenance, you know,
problems] some
for the actual switching of the cars.
k#
x
Mayor Suarez:
That makes sense because, otherwise, if it
was 80 cars used all
'
year long, the
very some 80 cars, after a while, I guess,
-
everybody would know21
which cars they
were and they wouldn't be very good for
surgeillanoe,-.,.,11 L
:
right**.
Mr. De Yurre:
I'll move that and, however, on the option
year, I want to U111 r
an understanding that it comes back before the Commission,.,
t
Mayor Suares:
OK,
n
Mr, Ds Yurre:
...to accept that option, to exercise it.
3
Mayor Suaress
Yes, indeed, all options should, We have
a not$oAl do" ors
agoQnd on CA
fifteen?
SY,a .
t
i
f _
1 -
Mr. Plummer: Mr. Mayor, for discussion, I'll second the motion.
Mayor Suarez: Second.
Mr. Plummer: I have a list here of, as I requested, of who the bids went out
to since we only got one bid for a half a million dollars. You'll find on
this list, that there are duplications of companies listed as individual
bidders at the same address. I think that that is in itself, is wrong, and I
think the other bids, if you look at that, is totally ludicrous and probably
one of the problems. I don't know what the Benet in Rockville, Maryland would
want to do bidding on police cars in the City of Miami. I don't know what the
University of West Florida would want to bid on police cars from Pensacola,
_
Florida. I don't know what Florida Bidders Information in Umatilla, Florida,
would want to bid on police cars in the City of Miami nor Bid Reporting^
Services in Tallahassee, Florida. These were all courtesy bids that were sent
out.
-
°M
Mr. Ron Williams: I can clear that up, Mr. Mayor, if I may.
Mayor Suarez: If you want it clarified on the record, or I don't know...
Mr. Williams: I most certainly do.
Mayor Suarez: I mean, we do have a lot of other items - no, I don't mean you,
Ron, I mean the Commissioner. We've got a lot of other items on this agenda
and we haven't even started planning and zoning yet, I mean...
-
Mr. Dawkins: Move to... I'm calling order of the day.
_
Mayor Suarez: All right. We have a motion and second. Any discussion? If
_
not, please call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
-
RESOLUTION NO. 89-1056
A RESOLUTION ACCEPTING THE BID OF INTERAMERICAN CAR
-
RENTAL, INC., FOR THE FURNISHING OF RENTAL VEHICLES ON
A CONTRACT BASIS FOR ONE (1) YEAR WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL ONE (1) YEAR PERIOD, SUCH
VEHICLES TO BE USED BY THE POLICE DEPARTMENT'S TASK
-_
FORCE/STREET NARCOTICS UNIT, SPECIAL INVESTIGATIONS
9
SECTION, AND ANY OTHER SUBDIVISION CONDUCTING
UNDERCOVER AND/OR SURVEILLANCE OPERATIONS; AT A TOTALT'
—
ESTIMATED FIRST YEAR COST OF $536,640.00; ALLOCATING
FUNDS THEREFOR FROM THE LAW ENFORCEMENT TRUST FUND
PROJECT NO. 690001 ACCOUNT CODE NO. 029002-247
—
($368,940.00) AND OPERATING BUDGET ACCOUNT CODE NO.
290201-610 ($167,700.00); AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE
PURCHASE ORDERS FOR THIS SERVICE AND AUTHORIZING THEa
CITY MANAGER TO EXTEND THIS CONTRACT FOR AN ADDITIONAL
ONE (1) YEAR PERIOD; SUBJECT TO THE AVAILABILITY OF,,,}
FUNDS AND APPROVAL OF THE CITY COMMISSION.
(Here follows body of resolution, omitted here and on.+
file in the Office of the City Clerk.)
,
Upon being seconded by Commissioner Plummer, the resolution was passed
t ._.
and adopted by the following vote: -
±
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
k
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
b;
NONS; None.
s.
AA13: None, i
t
1 gL
•.rG—.r�r—.r.w:�+.Arai'iiY.iif:.t--�+lrrairirrii.Lii. �iiYi.Lsi--rrr—ram+.—r---a�---.�.rr—.r--.ter.--r—r—fir. r.r.f+W�
29. (Continued discussion) EMERGENCY ORDINANCE: AMEND 10021, WHICH
ESTABLISHED INITIAL APPROPRIATION FOR LAW ENFORCEMENT TRUST FUND
INCREASE FUND BY $1,210,000 DUE TO FORFEITURES ACTIONS (See label 27).
---------...._----------------------- --------- ---------------------------..�.�.
Mr. Fernandez: On 16, it was not read. And not voted on sixteen.
Mayor Suarez: Did we not vote on 16, Madam City Clerk?
Mr. Fernandez: No.
Mayor Suarez: Do we have a motion and a second?
Ms. Hirai: Yes, we do, sir.
Mayor Suarez: OK, would you read the ordinance, please, and give us the
reason for the emergency too.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Plummer: Can I ask the reason, Mr. Fernandez, that you did not sign this
document?
Mr. Fernandez: It must have been because of putting it on the agenda and
deadlines and the like, but if you see my staff has signed off and so...
Mr. Plummer: Your staff is not your name and the line is vacant.
Mr. Fernandez: You're right.
Mr. Plummer: Are you indicating, for the record, that you approve as to form
and correctness?
Mr. Fernandez: Yes, I certainly do. I certainly do.
Mr. Plummer: Thank you, sir.
Mayor Suarez: Call the roll.
iie
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 10021,
ADOPTED ON JULY 18, 1985, AS AMENDED, WHICH .
ESTABLISHED INITIAL RESOURCES AND INITIAL
a
APPROPRIATIONS FOR THE LAW ENFORCEMENT TRUST FUND
RECEIVED AND DEPOSITED PURSUANT TO ORDINANCE NO. 9257,
ADOPTED APRIL 9, 1981, TO PROVIDE FOR AN INCREASE IN
THE AMOUNT OF $1,210,000 AS A RESULT OF ADDITIONAL
MONIES DEPOSITED IN SAID FUND DUE TO SUCCESSFUL
FORFEITURE ACTIONS; CONTAINING A REPEALER PROVISIONY
AND SEVERABILITY CLAUSE. Y"
Was introduced by Commissioner Dawkins and seconded by Commissions
Plummer, for adoption as an emergency measure and dispensing with the v
requirement of reading same on two separate days, which was agreedtothe`
following votes
�y
i t it
M�
ukki
{� 5
3
Lj 44tt }y
117 - -
2-
AYES: Commissioner 1. L. Plum►ner# Jr.
Commissioner Miriam Alonso
Commisesioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion ordinanceofcomma the followingssioner sv and
seconded
by Commissioner Plummer, adopted said
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10665.
The City Attorney of the City read the ordinance into public
announced that copies were available to the members y Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
i
Mr. Plummer: Wait a minute, what is the emergency?
Mr. Fernandez: The nature of the emergency...
Lt. Longueira: Commissioner, we have several pending programs that...
Mr. Plummer: The charter is clear, tell me what part of the charter you're
declaring this as an emergency?
Mr. Fernandez: This ordinance hereby declared to be an emergency measure on
the grounds of urgent public need for the preservation of peace, health,
safety, and property of the City of Miami and upon further grounds of,the
necessity to make the required and necessary purchases and payments to
generally carry out the functions and duties of municipal affairs. w
30. EMERGENCY ORDINANCE: AMEND 10568 - INCREASE SPECIAL REVENUE FUNDS
"SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 19890, BY $37,691 - (GRANT
- ! REIMBURSEMENTS FROM U.S. DEPARTMENT OF AGRICULTURE THROUGH FLORIDA
DEPARTMENT OF EDUCATION) - AUTHORIZE MANAGER TO ACCEPT AWARD.
Mayor Suarers Item seventeen. `}
Mr. Dawkins: Move it.
_ � 3F
Mayor Suarez s Seventeen's been moved, summer food service prograun for
children 1489. I'd like to see somebody vote against that one.
Mr. Plummer: Well, no, but I do have question, Mr, Mayor. ': yovis;
;- remember,..
Mayor Suarss: Should have known. �
Mr. Plummer: ...we had a hell of a... did this go through the biding
procedure? Remember, we had one hell of a...
Mayor Suarets Oh yes, I remember that one. It was low...
Mr. Plummer: Ah ha, Mr. Cobo, you remember the food summer program. It did
go through the bidding procedure. Thank you, sir.
Mayor Suarez: Busted cans, everything else. All right. We have a motion, do
we have a second?
Mr. Plummer: Second.
Mayor Suarez: Thank you, would you read the ordinance? Read the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 2 OF ORDINANCE
NO. 10568, ADOPTED APRIL 13, 1989, BY INCREASING
APPROPRIATIONS TO THE SPECIAL REVENUE FUND ENTITLED
"SUMMER FOOD SERVICE PROGRAM FOR CHILDREN 1989" IN THE
AMOUNT OF $37,691 COMPOSED OF GRANT REIMBURSEMENTS
FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE
THROUGH THE FLORIDA DEPARTMENT OF EDUCATION;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Plummer, 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins and seconded
by Commissioner Plummer, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES:
None.
11 �Y-
�[
TAI
V
4i
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10666.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: BRIEF COMMENTS AND WITHDRAWAL OF AGENDA ITEM
18, PROPOSED SECOND READING ORDINANCE AUTHORIZING BAYFRONT PARK
MANAGEMENT TRUST TO PERMIT SALE OF ALCOHOLIC BEVERAGES AT CLAUDE
AND MILDRED PEPPER BAYFRONT PARK.
31. AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST TO ADMINISTER CONCESSIONS
ADJACENT TO KING ORANGE BOWL JAMBOREE PARADE - ALLOCATE REVENUES TO
DESIGNATED CITY PROGRAMS.
Mr. Plummer: Mr. Mayor, I also have, if I may bring this up, it's the same
thing. "A resolution authorizing the Bayfront Park Management Trust on
behalf of the City to organize and administer, including the issuance of
permits, all concessions to be located adjacent to the King Orange Bowl
Jamboree..." basically what this is, Mr. Mayor, is to give the Bayfront Park
Authority the right to have the concessions for New Year's Eve in the Orange
Parade, of which 25 percent will go to the Handicapped Program for the City
and 75 percent of the net revenues would go to the trust to operate its
authority. I think it's a very good...
Mr. Dawkins: The only problem I have is, every Commission meeting you come up
with something that you say is going to make the trust self-sustaining. Well,
when are we going to reach that point?
- Mr. Plummer: I hope by next budget time. Mr. Dawkins, please understand, I
felt that my obligation of being sent there to sit as a member of that board
was to try to f ind sources of revenue and I hope to God that I can bring up
= one item every week so that next year possibly when the budget comes up, we
- won't ask the City for a dime. Now, I could be wrong and if my sense of
4r
direction of trying to put that on a self-sustaining is wrong, please tell me.
Now, you know, all I'm trying to do is to...
-- Mr. Dawkins: No, it's not a matter of right, wrong or indifferent. The
matter is, when it was put there it was supposed to support itself.
Mr. Plummer: I'm sorry sir, I didn't hear you.
Mr. Dawkins: I said it is not a matter of being right, wrong, or indifferent,
but when Bayfront Park was built, you and I sat here and demanded that money
be put forth to sustain it.
Mr. Plummer: That's correct, air.
Mr. Dawkins: And now it's not, and yet every other entity in the Parks
Department does not get the attention that we're giving Bayfront Park. Nobody,
site up here and says, "Let's do this for the City Parks," it just every time
`
I look, let's do something for Bayfront Park and that's the only thing i figd
wrong with it, J.L. -
Mr. Plummer: Well, Miller, all I can say to you, I have not brought m single}
Item before this Commission that was not the full intent of my brimgin$ It to
reduce the subsidy to the Bayfront Park Authority.
Mr. ftwkina:
But if,ue got to subsidize it,
let's clone It. '
i
12000
r
Mr. Plummer. Well now, you know, then take me off the board, but when you
tend the...
Mr. Dawkins: We keep subsidizing this at the expense of everything else.
Mr. Plummer: Well, you sent me there to do a job, that's all I can do is
bring back before you those things that I feel will help reduce that subsidy.
It's up to the Commission.
Mr. Dawkins: J. L. , you are doing a tremendous job, but when you come back
with it and I don't agree with it, I have to say I don't agree with you.
Mr. Plummer: All right, sir.
Mayor Suarez: Well, I have a question that's related to the same line of
= inquiry. If what this proposes, to take one typical example, will reduce the
operating deficit of the park, because it... do you need approval of the
Commission because there is some risk that it won't produce anything, or...?
Mr. Plummer: No. Mr. Mayor, in the past...
Mayor Suarez: Because if not, if these are just events that are going to be
scheduled in the ordinary course of running that park, all of which will
eventually, hopefully get us to the point that the park will be self-
supporting, I'd hate to have this Commission every single time look at each
one, unless you are asking, or the particular group, not really you, is asking
_ for some concession, or some, you know, up -front waiver in the hopes that they
will make money.
Mr. Plummer: To answer your question, item 18 would have resolved a lot of
that problem as it's presented to us where we would not have to come back
before this Commission every time to get an approval. Now, the Manager is
saying that he feels that there needs to be some negotiation with Bayside and
I respect that. In lieu of that, then...
Mayor Suarez: OK, as to the ordinance, even though the ordinance has broader
applications, just that one.
Mr. Odio: As per the agreement we have.
Mr. Plummer: That is correct, sir. This is for an
individual event which in
the past, sir, has been put out to bid by the City
and it's been a problem
with the City. This would turn that over as a matter of doing the job and
_
source of revenue in which the Trust Fund would give 25 percent to the
mentally handicapped program of the City and retain
75. It's the...
=
Mayor Suarez: But that's from the net revenues of
it. What about the cost?
Is there any up front risk to us?
Mr. Ira Katz: Well, there's certain costs related
to the operation, such.as
hiring police, and...
Mr. Plummer: The security.
-
Mayor Suarez: But who is funding that?
-
Mr. Plummer: We -would, out of this money.
Mayor Suarez: Is the group sponsoring the event?
- which in this case would
be a...
Mr. Plummer: It's the actual parade.
Mayor Suarez: This is the Orange Bowl Parade itself? We're doing It
year, right?'
z
�s
Mr, Plummer: Yes.
Mayor $ueraze Are we doing the parade this year,
t
as opposed to -,►they yeea�cs � �*
we've had concessionaires involved there?
. S7
Hr.,Plumera That1a Vb&t-we1rs hoping to do hers,-slrR'.
That'a'ghat'"tbj*444`'y}���.� .
Y Tii
t
121
43L
� 9, _
S7}
Mayor Suarez: That's what I'm saying. 3o I guess if we're doing it and we
expect to get the revenues from it, we have to take the risk.
Mr. Plummer: Well, Mr. Mayor, it's just like...
Mayor Suarez: Why are the stands up, by the way? Is that...
Mr. Plummer: Let me give you another example. The world's tallest Christmas
tree, which we'll dedicate tomorrow night. The Authority will make, and the
reason I pushed so damn hard, there is a potential that the Authority will
make net out of that $50,000, OK? These are the things that I've tried to do
to try to put that thing on a non -subsidy basis. I can't sit here and
guarantee you that I will eliminate which was, what? - $700,000 this year. I
can't guarantee you, but at least I'm trying.
Mayor Suarez: That's not the deficit. That's the overall budget. All right,
in any event, why are the stands up? Is that for the Orange Bowl Parade, just
out of curiosity?
Mr. Plummer: This resolution which I just read...
Mayor Suarez: Are the stands up there just because of the Orange Bowl Parade?
Mr. Plummer: This is individual.
Mayor Suarez: A month in advance?
Mr. Katz: They normally start, Mr. Mayor, about two months in advance. This
year the production schedule is very tight. They started last week.
Mayor Suarez: Well, all right, that's two months where people can't see
anywhere, close to the ocean by walking along there. Anyhow...
' Mr. Plummer: I move this resolution and respect my colleague's opinlon.
Mayor Suarez: All right, so moved.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, this is separate from 18. The City Attorney, I think, did
You pass this out? You gave it to me. You got another copy? That's where I
got it from. I'm sorry if they didn't give you one.
-
Mayor Suarez% Section on the agenda where the City Attorney and Commissioner
Plummer get all their goodies... no, I'm just kidding. I'll second the item,
=
Commissioner Plummer.
.
Mr. Fernandez: By title I could read it for you so that you would understand
the whole... (AT THIS POINT, CITY ATTORNEY READS ORDINANCE INTO THE PUBLIC
RECORD. SEE R-89-1057 HEREINBELOW.) That is what you are voting on, that's
what is under consideration right now for purposes...
Mayor Suarez: To just clarify Commissioner Dawkins, if I may. Mr. Vice
-
Mayor, that of course the money going to the trust like all the other
budgetary items of the trust cannot be spent without prior approval of this
Commission. I mean, that goes without saying. You are not setting a special
fund from the proceeds of this that is somehow...
Mr. Plummer: Oh, no, no, it's going into their general fund. r
_
�3e
1X
Mr. Dawkins: OK, I'm going to vote for this, but I'm going to make sure that
if nobody also amends anything else for Bayfroat Park, that the proceeds -1 w
split 50 percept for the.Bayfrout Park and 50 percent that goes for tho,reat`
of the parks in the City of Miami. That's on the past opo and all of
that foilov.'
y
Mr, Plumm r: That's fine with me, air. By the gray, juxt for the Cao.JOA e
information, I dw o near negotiated one thing this year, - I cam ,very ol+er►e t�a'
establishing an enchanted forest in Bayfrout Park that would wo>:=r.,_,Abq*;
covered the total budget,- Just : to give you an- oxample, :040
Tropical. Park,. Metropolitan Bade County' last yaar. aettsd� revosue:' 00 "
h
T a
S
of $3,400,000. I hope to God I can get it next year when I have more time to
work on it for Sayfront Park or Bicentennial, or both. Also, by the way, not
for the Bayfront Park, but I wish to tell the Commission that as far as the
circus in concerned, we made sixty-six...
Mr. Alberto Ruder: We had a flat sixty-two and with the surcharge and
parking, it's still going on through Sunday.
Mr. Plummer: Right.
Mr. Ruder: We probably should get up through a hundred, at least a hundred.
Mr. Plummers The circus, if you all did not see it, by the way, you missed a
beautiful thing. That was the one that I negotiated. Unfortunately not for
Bayfront Park, but there is $100,000 of revenue coming into the City from that
and if you are not aware, I think you also ought to be aware and compliment
the Parks Department and the Administration, net to the City for the Rolling
Stone concerts from beverage, food and souvenirs was $336,000 and for the
University of Miami football game, it looks like the revenue is going to be
about $220,000. Two events in the Orange Bowl netted $500,000. When you stop
and think, that from one Dolphin game we were lucky to net $18,000. Quite a
difference!
Mr. Dawkins: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-1057
A RESOLUTION AUTHORIZING THE BAYFRONT PARK MANAGEMENT
TRUST ON BEHALF OF THE CITY TO ORGANIZE AND
ADMINISTER, INCLUDING THE ISSUANCE OF PERMITS, ALL
CONCESSIONS TO BE LOCATED ADJACENT TO THE KING ORANGE
BOWL JAMBOREE PARADE TO BE HELD DECEMBER 31, 1989, THE
REVENUES FROM ALL SUCH CONCESSIONS TO BE ALLOCATED AS
FOLLOWS: THE CITY OF MIAMI PROGRAMS FOR HANDICAPPED
SHALL RECEIVE TWENTY-FIVE PERCENT (25%) OF NET
REVENUES AND THE BAYFRONT PARK MANAGEMENT TRUST SHALL
RECEIVE SEVENTY FIVE PERCENT (75%) OF NET REVENUES;
FURTHER PROVIDING THAT THE BAYFRONT PARK MANAGEMENT
TRUST SHALL BE SUBJECT TO THE TERMS AND PROVISIONS OF
AN EXISTING AGREEMENT BETWEEN THE ORANGE BOWL
COMMITTEE AND THE CITY DATED JULY 26, 1976.
(Here follows body of resolution, omitted here and on
wY
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following votes
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner biller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS; None.
ABSENT: None.
Mr. Plummer: Mr. Mayor, just for your edification, and Ira, I want this on
the record that the same biding procedures will be followed by the Authority'
of who are the vendors as the City used in the past. I don't want suybody
painting fingers saying that somebody got priority over mother. The O",
procedure shall be followed.
Mayor Suaress By the way, as long you mentioned and putt it on-,thc areco , �
���
_. ,
would guess that Tropical Park was built and acquired at a huge cost, Ithe 401
service of which is not taken intoaccount when the County said thoy vigaq
-lot of money on it. Probably. Doc44* of Progress $and monies, I would
ANA w�w�r.*h�l�ae 40 thaw -.b- fi..♦ f.t-J -! �.�-�� _._ t. � _-- _ _
Mr. Plummer: Thirty days they netted three point four.
32. SECOND READING ORDINANCE: AMEND CODE SECTIONS 35-1 AND 35-11 - CfUUM
DEFINITION OF "BUS" - ADD DEFINITION OF "PUBLIC -RIGHT -OF -NAY: AND *ZONED
RESIDENTIAL DISTRICT" - PROHIBIT PARKING OF COMMERCIAL VEHICLES, TRUCKS,
BUSES, TRAILERS, ETC. IN PUBLIC RIGHT-OF-WAY IN ZONED RESIDENTIAL
DISTRICTS.
Mayor Suarez: Item 19.
Mr. Fernandez: Correct, this is second reading.
Mayor Suarez: I entertain a motion on second reading of this. What was the
purpose of it? Briefly, in case Commissioner Alonso or any of the rest of us
need to know a little bit more about it. Joe.
Mr. Joe McManus: Yes, Mr. Mayor, the purpose of this Mould permit the parking
of commercial vehicles and rights -of -way of residentially zoned districts.
Mr. Plummer: Let me ask a question, which was my concern before. This is not
going to be a police matter, it is going to be a Building & Zoning matter.
Mr. McManus: We have added a paragraph, the Law Department has added a
paragraph that provides for dual enforcement. It can either be enforced by
Code Enforcement or by police.
Mr. Plummer: OK, here again, just... I want to put on the record, I think a
policeman has more to do in fighting crime than he does to go around and worry
about a truck or an RV vehicle or whatever... boat, whatever is parked on the
right-of-way. That's why I was hoping to make it very, very clear that it is
a zoning matter and it should be handled by Building & Zoning. Please do not
tie up the policemen to go and do this and take them away from that which they
are mainly dedicated to do.
Mayor Suarez% I think a lot of the surveillance work is going to be done by
our friendly neighborhood associations. I can see they're getting warmed up.
You are supportive of this, right, Joe and Jesus?
Mr. Plummer: That's fine, I think that's even better than Building & Zoning.
Mayor Suarez: You are supportive of this?
Mr. Joe Wilkins:
Yes, we
are,
we agree...
Mayor Suarez: All
right,
well
then don't...
Mr. Wilkins: ...
that we
want
the most comprehensive enforcement we can get.
Mayor Suarez: Very good, very good. All right, do we have a motion? I'll
entertain a motion on second reading.
Mr. Dawkins: You moved it before.
Mr. Dawkins: I move it. a
Mayor Suarez: Commissioner Dawkins... "� Commissioner
Mr. Plummer: Second.
Mayor Suarez: Second, Commissioner Plummer. Any further discussion?
please read the ordinance. p
s
Z3iRUMON, MM CITY ATTORNEY READ THE ORDINAV= Mw TAE l'MXC �
RECORD, SY TITLE ONLY,
Mr. De Turret Mr. Nayor, discussion, please124
B)'
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: My concern, which I expressed at the last Commission meeting
when this came up, was that a lot of people for a number of years, and I agree
that this has to be done and implemented and enforced, but there are a lot of
people out there in the City of Miami that have their school bus business and
we know for a fact that they park their buses out in the street on the curb
and that should not be. However, I think there has to be a buffer time, there
has to be an alternative, wherein they can place their buses and not be found
to be in violation of the law, to be ticketed, to be fined and all of a sudden
we are going to have 25 school buses here lead by Julio Valcera, at al,
raising cane, because you know, this hasn't been done property. I think that
we have to provide an alternative for these buses to be placed overnight so
that we can alleviate the problem that exists and hopefully with this
ordinance will be alleviated.
Mr. Wilkins: They will still be legally allowed to park in all the commercial
areas in the City and we have maps pretty clearly showing that there are I
think more adequate facilities for the buses we have now in the commercial
areas. We have suggested for a long time that possibly there be other
alternatives for parking these buses also.
Mr. De Yurre: OK, I think we need to provide a list of alternative sites that
.= can be made available for these people to park overnight and I requested that,
if I'm not mistaken, at the last Commission meeting when this brought up and
I've failed to see the Administration providing any list at this time.
Mr. Wilkins: We offered the suggestion, at least for our area, there would be
the City Jose Marti parking lot that might possibly be used.
Mr. De Yurre: Let's hear what Sergio has to say.
Mr. Rodriguez: Yes, if I may suggest some possibilities following on your
request before. If you desire, we could look into some City properties where
the zoning is commercial, for example, and then allow the possibility of
parking those vehicles in those areas. We would have to look at the effect
that this might have, any liability that we might have, for one.
Mr. De Yurre: Look, I requested this about two, three months ago. Why hasn't
that been done?
Mr. Rodriguez: Well, that was last Commission meeting.
Mr. De Yurre: What?
Mr. Rodriguez: That was the last Commission meeting, I believe, and I put a
note on the...
Mr. De Yurre: Well, when did this come before us? Let's see what date we
have here.
Mr. Rodriguez: October 26th, I believe.
Mr. De Yurre: October 12th and today is November 30th, so it is six, seven
weeks.
Y:
Mr. Rodriguez: You're right, one month.
Mr. Plummer: It could also be a source of revenue.
Mr. Rodriguez: Well, the locations that I have, because I checked with the
different departments to see where we could do this, Commissioner, was the
Justice Building, where we have the Community Development staff, maybe the
Orange Bowl, when it's not in use at night, the parking area, and the Marine
Stadium, or the Miami Stadium, both of them. That could be far away, but
mean...
x
Mr. Plummer: No, but they also have to pay a toll and for a school bus,3
think it is something like $5.00 or $6.00 each way.
r
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Mr. Rodrigues: You asked me about possible choices, Ism, gW4. j0W lbe,
ossibla choices. what we have to do tho13 h, is, if it is in those oases.�
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the Miami Stadium is another possibility. The only concern that we have in
this matter is that that's what I think is going to take longer to try to
solve the issue is whether if were to allow the parking in those facilities,
what kind of liability will we be assuming?
Mr. Plummer: I think you got a bigger problem, Sergio. Of twn that you've
mentioned, the baseball stadium and the Orange Bowl, what would the buses do
in the nights that there is football games there, or activities? Where are
they going to park those nights? I think that... I really... even though
there is a lot of space there, I don't see where that could be utilized. Same
thing with Jose Marti Park.
Mr. Rodriguez: I tried to look at...
Mr. Plummer: The problem would be on
Jose Marti is when it's used the most
think if you had it filled with school
able to use the park.
the weekend when that parking lot at
by the people who are in the park. I
buses then people are not going to be
Mr. Rodriguez: We also looked at the possibility of the areas under the
expressway, for example.
Mr. Plummer: That would be a good one if you could get the State of Florida
to move.
Mr. Rodriguez: The issue again is if we were to allow that what liability are
we assuming ourselves with that and in some cases it might be zoning problems
and we would have to correct the law, but I can see the concern that
Commissioner De Yurre has as to when we start implementing this in one month
from now.
Mr. Plummer: Well, let me ask a question, maybe we're at fault. Does our
present zoning ordinance allow for example, a filling natation - I know there
are some filling stations that rent space to the buses to park at night.
Mr. Rodriguez: You would be allowed to do that.
Mr. Plummer: Do we, under our ordinance, allow that?
- Mr. Rodriguez: You are allowed to park commercial vehicles in commercially
—_ zoned property, yes. So, I was trying to find a solution from the
Administration's point of view, because I thought that was the direction that
Commission De Yurre was going to, but there is nothing to prevent these
vehicles to be parked in areas which are commercially zoned that would allow
— them to be parked.
_ Mr. De Yurre: Well, I'd say like in order for me to vote for this, I need to
have like a 60-day waiting period before it goes into effect, there is
_
something to... so we can formulate the locations and the information
necessary, so that people don't start screaming all of a sudden that they
don't know where to go with their buses and I think in a 60-day period they'll
be Mall informed and they can know where to go and so we don't create another
problem by trying to solve this one.
Mr. Rodriguez: It's reasonable, I think.
Mr. De Yurre: Whose motion was it?
;
Mr. Dawkins: No problem. The Mayor had to leave. Any further discussion?
Mr. Plummer: You are saying a 60-day implementation?
'— Mr. De Yurre: Yes,
4
Mr. Plummer: I don't think anybody has any objection to that.
Q,
Mr. 1►ernandez: Mr. vice Mayor, my understanding is that by the eery terms of k
this ordinance, second and final reading, it's effective within 30 da,a a
you intend to make it 60 days, then we need an emergency ordinancs pdased, t
declaring a moratorium for an additional 30 days so that then, ym would. ha�►a; � L
your o€fi.oial 60 days vaitiug period. Otborwlss, Ott . tbo end S4 --as-
bavo a validly enforaoabte ordinance,
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#fr. Aldhoo: Is this an ordinance?
Mr. Odios We'll bring it back in December. We'll bring the ordinance back,
second reading.
Mr. Plummer: No, you've got to reconsider. We've already voted on it.
Mr. Odio: You are right.
Mr. De Yurre: This is second reading.
Mr. Odio: Why can't you make it effective 60 days from now?
Mr. Plummer: I don't see why we can't.
Mr. Odio: We won't enforce it. I'll take care of it.
Mr. Plummer: Well, may I make a suggestion to you, Mr. Manager, to try to
keep down any, you know, disgruntled people, that you have a sticker made now,
OK? - a warning sticker to be placed on all of those vehicles that effective,
ghat, January 30th? - February 1st, that this ordinance will be in effect and
after that time, there will be a fine applied.
Unidentified Speaker: You might be able to ...
Mr. Plummer: Well, OK, but I'm...
- Mr. De Yurre: Yes, we got to come back. How soon can you have a list of
— alternative sites for overnight parking?
Mr. Rodriguez: In commercial areas throughout the City we can... that is in
= the private sector, we can give it to you in one week, two weeks. If it is
public sector...
Mr. De Yurre: I'm talking public sectors is what I am talking about.
— Mr. Rodriguez: Let me, if it is possible that we can bring it before you on
—_ the agenda of the 14th, you want that? Or do you want me to send it to you
directly so you can bring it up as an item.
Mr. De Yurre: I'd like to have it resolved so that when we give these
-a
friendly warnings to these individuals that we have a list attached that says
— listen, you can't park it here, but you can go here, here and here.
Mr. Odio: Well, I know the properties that we own, and like I said, the only
k`
g
ones that I can think.of that have enough parking would be the Orange Bowl and
the Miami Stadium and then in the day of an event, they would have to move.
Mr. De Yurre: Overnight supermarkets, they have a lot of parking.
Mr. Odio: Yes, but that's private property.
— Mr. De Yurre: I know, but maybe that would be something that we could work,
y4
- with, you know, about private entities that have a lot of parking. I'd just ---f
like to have something that we could go to them and when they start raising
hell, which I expect these to, then we can come to them and say, *Listen, these:�
are the alternatives and you can go here and here and here."
4r°
Mr. Plummer: Victor, your problem is not just school buses, this affects all
_
commercial, vehicles. You are talking about school buses, dump trucks, motor`
= ��
hoaxes, right on down the line, that this thing encompasses.. You are possibly
=t
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talking about...
Mr. De Yurres A lot of peoplet
h .g
Mir. Plummer: A hell of a lot.
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Mr.
De Yurre:
That's
right.
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Mr.
Dawkinn:
but as
the quest oA
w" raised, whau you
rro9 V
Who
If liable
for the
vandalism to
the psrw vOiclO
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2
Mr. Olio: I think if it's on City property, we would be.
Mr. Dawkins: Well than, see...
Mr. Plummer: Well$ but that's why you've got to charge a fee, so that you can
provide the liability insurance necessary.
Mr. Rodrigues: And then we have to have maybe somebody... that's what f... l
think the concern that you have, the question is... It is a difficult
question to answer when you're trying to get into City property.
Mr. Dawkins: Any further discussion?
Mr. De Yurre: Well, about the effective date...
Mr. Fernandez: You can pass this ordinance now and it can have an effective
date anytime in the future...
Mr. Plummer: February lot.
Mr. De Yurre: OK, February 1st.
Mr. Rodriguez: And before that, we will come before you with a list of
alternative sites where people can bring their vehicles to and what solution,
from the Administration point of view, will be available.
Mr. De Yurre: We'll have that for the next Commission meeting, right?
Mr. Rodriguez: December 14th.
Mr. De Yurre: What, can't have it the 7th?
Mr. Rodriguez: Next week?
Mr. De Yurre: Yes.
Mr. Rodriguez: If you exempt this from the five day rule, yes.
Mr. De Yurre: Well, the whole thing, Christmas time, you know, everything
slows down to begin with.
Mr. Rodriguez: Commissioner De Yurre, that means I have to be ready tomorrow.
Mr. Plummer: I'll accept the five day rule. „
Mr. Rodriguez: OK, so you'll have it on the 7th.
Mr. Plummer: Just to make you stay up the weekend and work.
Mr. Rodriguez: That's OK, we're used to that.
Mr. De Yurre: OK, I'm fine then.`
Mr. Plummer: We are on 20?
Mr.-Dawkinss No, we've got to call the roll.
Mr. Fernandez: It was 19.
Mr. Plummers Didn't we vote on 19? 1"
,
No. Hirais No# we need to call the roll. <
y'r?
-41
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AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 35-1 AND 35-11 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
CHANGING THS DEFINITION OF "BUS", ADDING THE
DEFINITION OF "PUBLIC RIGHT-OF-WAY" AND "ZONED
RESIDENTIAL DISTRICT" AND PROHIBITING PARKING OF
COMMERCIAL VEHICLES, TRUCKS, BUSES, TRAILERS, OR
SEMITRAILERS, MAJOR RECREATIONAL EQUIPMENT AND SIMILAR
VEHICLES IN THE PUBLIC RIGHT-OF-WAY IN ZONED
RESIDENTIAL DISTRICTS; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 12, 1980,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10667.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Manager and others, this also applies to buses that
discharge passengers at the Coconut Grove Playhouse, where those buses, after
they discharge the passengers, they just go somewhere and park. After they
discharge the passengers on the sidewalk and what have you, this ordinance
also applies to them.
Mr. Olmedillo: It will apply to them, yes, air.
Mr. Dawkins: All right and make sure that they don't... they move out of
there. OK, thank you.
33. SECOND READING ORDINANCE: AMEND 10202 - INCREASE SPECIAL REVENUE FUND:
"HANDICAPPED DIVISION FUND RAISING PROGRAM" BY $35,000.
Mayor Suarez: OK, item 20, increasing the appropriations, special revenue
fund, entitled Handicapped Division.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. s
Mr. Plummer: I vote yes on 20.
Ms. Hirai: Do you also second?
to
Mayor Suarea: Do you second 20 before you vote?t,
fi
Mr. Plummer: Oh yea, I'll second it. �
Mayor Suaroxi Thank you. Any discussion? If not# please read'the Qx�i�+�►���.; � ,
Call tho roll,
i rt
12►t°
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AN ORDINANCE
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO.
10202, ADOPTED JANUARY 8, 1986, BY INCREASING THE
APPROPRIATION TO THE SPECIAL REVENUE FUND ENTITLED
"HANDICAPPED DIVISION FUND RASING PROGRAM" BY THE
AMOUNT OF $35,000 COMPOSED OF MONIES GENERATED THROUGH
FUND RAISING EFFORTS OF THE CITY OF MIAMI'S
HANDICAPPED DIVISION AND PRIVATE DONATIONS; CONTAINING
A REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 12, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10668.
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.
= 34. AUTHORIZE MANAGER TO NEGOTIATE AGREEMENT WITH MIAMI HEAT COMMUNITY
- FOUNDATION, INC. FOR USE OF GIBSON PARK FOR RECREATIONAL FACILITY FOR
OVERTOWN COMMUNITY.
Mr. Plummer: Mr. Mayor, out of consideration, item 42, Father Barry is here
and he's got an awful lot of important work to do. Could we consider that out
of turn?
Mayor Suarez: Surely, that's the item having to do with formalizing...
- Mr. Plummer: The Miami Heat Community Foundation, which is before us before
and I think they were coming back with some answers. Is the gentlemen here
that is representing the foundation? Yes, here he is.
— Mr. Reginald Richardson: Reginald Richardson for the foundation.
Mr. Plummer: OK.
Mr. Richardson: And Diane Johnson from your staff, I guess... (INAUDIBLE)
Mayor Suarez: Counselor, we are not picking up when you are saying something,
;
- because you are not close enough to the mike.`
Mr. Richardson: Reginald Richardson.
Mr. Plummer: Wait a minute. Just so you understand. Father Barry, is to
�
speaking for you?
r
Father Barry: Yes.'
Mr. Plumm r: OK. I grant God before all you hypocrites.
r
Mr. Richardson: Well, pro' ll lot hiss speak first thou,
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i
Father Richard Barry: I'm Father Richard Barry.
Mayor Suarez: What is it7 The bible says something about Philistines and all
those, right?
Father Barrys Well, we aren't going to deal with that today. I'm here to
speak on behalf of the Heat project in Overtown. There seems to be a lot of
discussion about it. Anything would be an improvement to what we have. I sea
great possibilities there and I am going to ask that the City Commission
supports this venture. There might be some questions about some areas of
operation and I'm sure that jointly we can iron all of those things out, but
somebody wants to spend $5,000,000 in Overtown, I want to help them spend it.
Mr. Plummers I also want to respect Commissioner Dawkins, which I felt he
made a very good point, Father.
Father Barry: What is that point?
Mr. Plummer: And I'm sure he is going to raise it again, so I think it's
worth, we've got to listen to.
Mr. Dawkins: And all I'm saying, Father Barry, is a $5,000,000 facility is
wonderful, but if you put a $5,000,000 facility, you are talking about multi-
million dollar operation. Now, The Heat, nor no one else has assured me how
this facility will be managed and operated. In the event that we put a
$5,500,000 facility in Overtown and it is delegated to another entity to run
and that entity walks away from it, Father Barry, it becomes a liability of
the City of Miami, so therefore, I need for someone to insure me of the
operational expenses for this facility, be it the Miami Heat, the NBA, the
City of Miami, or what, but do not tell me that you're going to put a
$5,500,000 facility there without funds to operate it.
Father Barrys OK, I think attorney Richardson could address that.
Mr. Dawkinss OK, whomever, Father.
Mr. Richardson: To the best of my ability, Commissioner Dawkins, what we have
�j
proposed to do...
1
} Mr. Plummer: For the record, your name.
Mr. Richardson: Reginald Richardson. As we said at the first presentation,
! air, we have gone out and found a managing agent who we feel is capable of
} raising the approximate $500,000 figure to run that entity per year. The
agent as of this point in time, at least we are thinking about it being the
-
Boys' Club. Our statement to this body at the onset was that we would offer
to build this center and f ind the managing agent if the City was kind enough
to donate the land. We've done that. Whatever other types of considerations
—'
the City wants from the Boys' Club, I guess we can work those things out.
_ Mr. Dawkins: No air, I want them from you. See, you want to build it and
you're going to turn it over to the Boys' Club. Now, the Boys' Club... no,
no, if you build it, you've got to assure me at least five years that it is
going to be managed.
Mr. Richardson: Oh sure, we can...
it
Mr. Dawkins: No, no, you are going to have to guarantee me... you, The Miami
Heat...
�
Mr. Richardson: Well, let me...
Mr. Dawkins: ... that it will be operated for five p years. ,x.
- Mr. Richardson. OK, let me say this. That is not a issue that we cannot work
out sir, aad I mean I can't... I can't tell you point blank now, we will, <`
commit those funds... xe�
Mayor Suares: The double negatives can be confusing for us lny�s�a,
Mr. Richardson; Let me just finish.
<5
,
13 R5}�
Mayor Suarez: What you saying is that is an issue that can be resolved by the
Miami Heat?
Mr. Richardson: That can be worked out, that is not a major issue.
Mr. Dawkins: `Well, is it an issue that will be worked out?
Mayor Suarez: Is it an issue, can I get you to be in the affirmative, an
issue that will be resolved?
Mr. Richardson: It is an issue that will be worked out. If that's the only
issue, that issue will be worked. I just can't commit you to a dollar figure
at this particular point in time, but trust that we will work that particular
issue out, if that's what the Commission is worried out, that issue in terms
of five years will be worked out.
Mr. Fernandez: But Mr. Dawkins, also from our perspective, the resolution
that's in front of you today is giving us ample time and you are authorizing
the City Manager to negotiate with our involvement because we have some
serious concerns from a legal perspective in terms of turning over to a
foundation any kind of management control for any period of time without more,
and so while your concern is very well placed, from a legal end we also have a
lot of issues that we need to look at and what this resolution does is gives
us the time until February or March, I believe, February meeting, to be able
to come to you with an agreement that would be legal and you know,
satisfactory to the Administration and to us and hopefully to them also. If
not, by then you'll hear if it is not feasible. How does this differ from
Tacolcy? I mean, that's City property. We built the place and we have a
contract with Tacolcy to operate. Now what...
Unidentified Speaker: Tacolcy...
Mr. Plummer: Tacolcy. How does this...?
Mayor Suarez: That's one that brings in, ,and of course the other one...
Mr. Plummer: But I am saying they are not...
Mayor Suarez: ... similarity, but one difference is that they didn't build
the facility, we did.
Mr. Plummer: OK, but here again, the monies is coming from another source,
which happens to be The Heat.
Mayor Suarez: Right.
Mr. Plummer: So I don't see where the big' problem is. You knout, it's still
going to be City property. I'm assuming the building would be vested in the
name of the City and it would be a matter of the City doing a contract, -I
assume, for $1.00 a year where the Boy's Club that would operate, maintain and
manage, which they have agreed to do. It's a hell of an obligation for the
Boy's Club.
Mr. Dawkins: Yes, that is what I'm... now, there you are, with J.I.., it
$5,000,000 facility, somebody over there tell me that works for us, hoer mft
maintenance and operational fee would a $5,000,000 facility cost?
p
Mr. Plummer: At least 102.
r
Mr. Odio: It would cost about $700,000 a year to operate that facility.
Mr. Dawkins; 41,000,000.
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Mr. Plummer: Not maintenance.
t
Mr. Odio: Maintenance and operations, $700 000 a year.
4 �
Mr. Dawkins: All right, aov where to it going to co" frca?
4
Mi , Otiios ` we're not... that's why l say... 2
Mr.' 00kina; No* no, its not ;skin you, Mr. Mamage�3 ve not 44404 Yqq*
l3 h,.
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Mr.Richardson: Can I just clarify? First of all sir, the figure has jumped
from $5,000,000 to $5,500,000, or whatever.
Mr. Plummer- You're talking about including the program. Oh, that wasn't as
much.
Mr. Richardson: The base figure was three point five...
Mr. Dawkins: OK, all right, no no, let me cut you... what are you going to
put in the building, sir? In this facility, what will we have?
Mr. Richardson: We had a rendering which I brought before the City
Commission. We will have an indoor swimming pool. We'll have a gymnasium,
we'll have a boxing rink. In the same building that houses the boxing rink
- and the gym will be a second story with just classrooms for computers and
tutoring. Basically, that's the structure. We are not doing anything, except
probably resurfacing the football field and basically that's it. We have been
told by the Boy's Club who runs facilities like this and I would argue know
their programmatic aspects in terms of dollars and cents better than we do.
We have been told by them that their cost would be somewhere around $500,000
per year and they have said to me and we will get that in writing. They have
said to me that that's not problem for them and they are chomping at the bit
to go forth with this.
Mr. Dawkins: OK, well see, that's the other thing that I have to clear up.
This vote is not anti -Miami Boy's Club, OK. My vote is anti not having
operational dollars, OK?
Mr. Richardson: Well sir, to the extent that as I said, your main issue, the
thrust of... yes sir.
Mr. Plummer: Commissioner, would it satisfy you if we had an agreement saying
that the City at any time would not be responsible for operating or
maintenance of the building?
d
Mr. Dawkins: No, because then I am taking...
Mr. Plummer: You can't do that.
Mr. Richardson: No, no, can't...
Mr. Dawkins: ... a park that is being utilized by individuals in that
-
community now and I am taking that away from them, giving it to the Boy's
Club, saying that you're going to operate it and then if the Boy's Club shuts
down, these people whom I am displacing are going to come to me looking for.
some place to go play and I am going to have to manage... we are going to have
to manage it.
Mr. Odio: You are right. No, you are right, that's why he need to guarantee
that we will not have to be...
Mr. Richardson OK, two things, your honor. First of all, there will be
nobody that will be displaced from this park. We will not be charging fees.
Any children, any child that wants to come can come. Secondly, as I said, to
the extend that the main thrust of your argument now is that you need to feel-
i
that for a five year period of time the center will not close down, that is
something I feel we can work out. That is not an insurmountable problem for:
_
us to deal with, to the extent that it makes this project go forward. I don'-t
5
is
think that's really a... I'm not going to say that it's not a big deal, but
sir, we can deal with that.
Mr. Dawkins: Thank you, Mr. Richardson.
try
Mr. Richardson: Thank you, sir.
_ �y
-
Dr. 1lloneo: We will have then guarantees that the Boy's Club will 'M.
responsible for the expenses and it will be very clear that the City of
will not be responsiblo, that in the way the fty's° Club docidexilAboy dap��
plant to continue, it will be very clear trots the legal point of Wiev..
4$,
Mr. ylv+r: What he is saying it would be five years. 1�Ep
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Mr. Richardson- It will be absolutely clear to the extent that we do a
management contract with the Boy's Club, which I'm sure the City's lawyers
would want to look at, probably want to sign off on, saying that they accept
the ultimate responsibility of staffing, maintaining and the programmatic
aspects of the this particular center. 'We've already had extensive dialogue
with them on that and they haven't taken a step back yet, so to the extent
that we need to satisfy the City's lawyers that that will happen, I'd be
perfectly willing to... matter of fact, I'd welcome the City's lawyers to sit
down and we'll have dialogue about drawing that particular part of the
document up.
Dr. Alonso: I would rather see a community based organization take care of
the park, but of course the amount of money that the City will be responsible
is something that we have to take into account very seriously and if the City
Attorney is satisfied that that will be provided in the legal agreement, I
have...
Mr. Fernandez: We haven't seen any of the agreements yet.
Mr. Plummer: That's the problem.
Mr. Richardson: We are going to draw them up between now and February.
Mr. Plummer: Let me ask just for the record, why did The Heat, -and I'm
grateful that they are doing something for the community and I'm hoping after
this passes, Father will bless them and they'll start winning a game or two -
I guess the question I really want to understand is, why did they put all of
their eggs in one basket, rather than taking, let's say, $1,000,000 and
putting in five different parks? Was there a reason for that?
Mr. Richardson: Simply the theory was that the only real tangible entity that
the heat had other than maybe some money to sort of deal with was the f act
that they had positive role models, meaning the basketball players and they
thought, and it was thought out, we talked about it, that the most beneficial
may for them to make access of that particular product, which is all that they
really have, would be to have a stationary place that they could maintain some
type of ongoing dialogue with those children on an ongoing basis rather than
add, you know, whoever pops from this playground to that playground, so forth
and so on. The hope is that visiting teams will also, whpi they come to
the
City, will opt to practice there rather than at the stadium.
Mr. Plummer: But so you did consider it?
Mr. Richardson: Oh, sure we did sir. We thought it out thoroughly.
Mr. Plummer: I'll move item 42 to send it to the Manager to finalize
and
send... what do you want, to finalize a negotiation?
Mayor Suarez: We actually have a resolution in front of us on this and I
presume you wanted to address that?
Mr. Plummer: A resolution authorizing...
Ms. Ann Marie Adker: Yes, I certainly would like to.
„
Mr. Plummer: Let's make the motion, then we'll hear you.
Mr. Plummer: (AT THIS POINT, COMMISSIONER PLUMMER READS RESOLUTION INTO
THE
PUBLIC RECORD. SEE R-89-1058 HEREINBELOW) I so move.
>
Mayor Suarez: So moved.
f
Mr. De Yurre: Second.
F;
Mayor Suarez: Seconded. Any discussion? I'm sorry. There's discussion
try
Ann Marie.
Mr. Richardson: I can answer that. The Miami Heat Community foundation is a
nonprofit organization...
Ms. Adker: Consisting of who?
Mr. Richardsone Excuse me, Ma'am... created of myself, Louis Schaffel who is
the owner of The Heat; Roy Spiral, who was a player; and I think Bob Stroach,
who is a representative of one of the backers. There are no other members
except secretaries who... that type of thing. There are no other members.
The foundation is nonprofit and it's created as a conduit through which we can
do things within Overtown, Liberty City, whatever. So there is no other board
members, there is no other, you know, Commission members or anything except
those four entities and to the extent that when you incorporate a company, you
have to have a president and a vice-president and all that stuff, that's why
those parties are there, so you know everybody.
Me. Adker: Mr. Richardson was sent back to the Overtown community to hold a
public hearing, which turned out to be... not to be a public hearing.
However, it was stacked with members of the Boy's Club. I would love to see
something happen in Overtown as redevelopment and especially something because
I propose spending the rest of the $3,500,000 when they proposed the gym. I
asked them to commit the rest of that money to Gibson's Park, but what I am
afraid of, if you supposedly turn this center over into the hands of the Boy's
Club, what happens to the community? They will have the finance, they say
that $500,000 annually to operate and maintain. This is a private entity that
believes it has to be making money.
Mr. Plummer: Huh uh, huh uh.
Ms. Adker: No?
Mr. Plummer: No!
Mr. Richardson: We are a first year NBA basketball team.
Ms. Adker: I'm not talking about... I'm still at the Boy's Club.
Mr.
Plummer: Yes, have you ever been to the one on Dixie at 32?
He.
Adker: Wait, just a minute.
Mr.
Plummer: They do a hell of a lot of good work.x.
Ms.
Adker: Wait, just a minute, don't remind me of the Boy's Club, because in
the
70's the Central Boy's Club was located on 33rd Street and 7th Avenue and
I got sponsorships for several of the little fellows from Overtown to go there
'x
and
all of a sudden they went one evening and it was closed and nobody from
—_
the
Boy's Club has given me an explanation to this day as to why and I'm just
afraid of the community itself being shut out. What is a...
Mr.
Richardson: Can I just answer that? -
—
Mayor Suarez: Yes, but the thrust of your initial question I think had to do
with the profitability or not of the center, or not the past history of the
Boy's
Club, I don't think.
1`
Mr.
Richardson: I don't... the profitability of it?
,r
Mayor Suarez: I don't know what the thrust of her concern is.
Mr.
Plummer: No, the Boy's Club is a nonprofit entity*
`
Mr.
Odios It is a nonprofit United...
3
Hr.
Richardson: It's nonprofit and..,
#;
Hr.
Plummer: And Annie, just for your information...
�x
Mayor Suarez: Oh, well they abandoned it.
>,. a
Dr.
-,Alonso: Her concern is, , they abandon the property. Will tiny 641900 _ ,
one
,will
today and leave the community?
w
S
3
G
Mayor §uaret: Yes, we are going to try to get assurance of five years.
Dr. Alonso: That's the concern of the...
Mr. Plummer: The Boy's Club will be getting and raising their own funds.
Me. Adker: Ah hah.
Mr. Plummer: They'll not get any money from the City. That's Dawkins'
concern as well as if they were to go out.
Me. Adker: Well, how much are they going to charge me for my grandchildren?
Mr. Plummer: Zilch.
Mr. Richardson: Zero, I mean we'll probably...
Mr. Odio: The first thing I asked him when he came to me, I said, don't bring
me any projects that will charge fees to the children in the community.
Mr. Plummer: Absolutely free.
Mr. Richardson: The way that...
Ms. Adker: And they will assume all responsibility for all the activities to
go on in that park?
Mr. Richardson: Yes, Ma'am.
Mr. Odio: In the park... not in the whole park, not in the whole park.
Ms. Adker: Well, within the center that...
Mr. Richardson: Well, whatever programmatic aspects.
Mr. Odio: In the park, outside, we will take care of the football field
and...
- Mr. Richardson: No, no sir, you won't take care of the football field. We
are taking care of the whole facility.
Mr. Odio: That's even better, then, because that way...
Mr. Richardson: We'll take care of the whole facility.
x
Mr. Odio: ... we are saving about $200,000.
Mr. Richardson: Let me just say, in terms of the fee, to the extent that the
Boy's Club loses revenue because it can't collect fees from children, my
foundation will reimburse the Boy's Club by way of a grant for what their fee r
situation would have been, so' at no point in time will any child be turned �,
away because he doesn't have money. At no point in time will that ever
happen, I don't think that that happens now, even with them charging fees. -at
different Boy's Clubs. There policy is not to turn away anybody, but to the
extent that they lose funding, because they cannot -charge fees because this is
a City property, then my foundation will reimburse them to the extent that
their loss is terms of fees. Just to speak on one other issue, in terms, of: R
the meetings that valve had, we've had a total now of five community siaetiags#"
one was when Mrs. Adker came and it was called by the Adviaory:Board oa;tbs+ir
stationary, Mrs.. Adker left after the first meeting. V6 had four other' bid
meetings that parents came out, and Father said there is no.reoson for them
take their kids to Beach High Boy Club or something,"vhsn they should bover.erne.
here. Mothers came out and talked about the fact. they wanted charm 0160s00 y`
for their daughters. Principals showed up, so we've been :talking to
people of Overtown since 'day one.
Mr. Plummer: And Annie, let me tell you something +alas. I can't sit .hsrif�Rr; .
K5. one minute and envision if .the Boys Club va00ted that . faciljt!_,
Miami. Heat would vant- to have the heat of this � coamouitl►, tba t#s �
vae:ant, 408018ts and not being used...
136 x5
z .
Ms. Adker: I'm not...
Mr. Plummer: ... and I will personally make the motion to call it The Heat
Mausoleum. They're not going to stand still for thatl
Me. Adkert I'm not looking at it from the Boy's Club turning it back. I'm
looking at it from the standpoint of the Boy's Club shutting out the
community.
Mayor Suarez: OK, on that issue, Ann Marie...
Ms. Adker: And if...
Mayor Suarez: Ann Marie, please, on that issue, let me say this. The
resolution that we are expected to approve today, does it speak to the actual
management of the facility yet?
Mr. Fernandez: No, not at all.
Mayor Suarez: All right, if it became clear to this Commission and you have
some indications that that's the case that we ought to get into the: business
of deciding who is going to run this, at some point, we ought to, I guess and
we ought to obviously approve that. One way to find out is to go to the old
democratic way of having elections in the community and having them elect
their representatives who will then tell us what they feel. I just don't
think that today with this resolution, unless I'm missing something, we need
to go on to all of that and...
Mr. Richardson: We don't need to... that's not on the ...
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins. Unless any of the Commissioners feel
that way, we're disposed to go ahead with the vote on this.
Mr. Dawkins: I made my needs, and I know that Father Barry understands what I
am saying, and he will work to that end. I know that Reverend White
understands what I'm saying and I'm sure Herbie McKnight understands, so I
have no problem with them going with the Manager to try to work this out.
Mayor Suarez: OK, nothing further from the Commission? I'll entertain... do
we have a motion, Madam City Clerk?
Ms. Hirai: Yes, sir.
Mayor Suarez: We have second? Call the roll on the resolution.
The following resolution was introduced by Commissioner Plummer,, who
moved its %doption:
RESOLUTION NO. 89-1058
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE MIAMI HEAT COMMUNITY .FOUNDATION;
}
INC. FOR THE USE OF GIBSON PARK, LOCATED AT 401
.'
NORTHWEST 12 STREET, MIAMI, FLORIDA, FOR TIM PURPOSES
PROPOSED BY SAID FOUNDATION RELATING TO A RECREATIONAL
`• `�
FACILITY FOR THE OVERTOWN. C{BlMUNITY AT SAID PARK,
SUBJECT TO THE APPROVAL, OF THE REQUIRED STATE AND
FEDERAL AGENCIES THAT HAVE PROVIDED PAST FUNDING FOR
xr e
SAID PARK AND SUBJECT TO ALL CITY CODE AND CHARTER
RBQUIREMENTSj FURTHER DIRECTING THE CITY MANAGER TO
PRESENT AN AGREEMENT APPROVED BY THE CITY ATTORNEY TO
r
THE CITY COMMISSION FOR REVIEW AND. APPROVAL~ AT Tax
REGULAR CITY COMMISSION MEETING OF FEBRUARY So 1990,
(Here follows body of resolution, omitted #ero owl
Me is the Offics+ of the. City Clerk.) ;
t
!Upon tieing seconded by Commissioner De Yurre, the resolution irns passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
35. REFER TO INTERIM STREET CODESIGNATION COMMITTEE REQUEST FROM THEODORE R.
GIBSON MEMORIAL FOUNDATION TO CODESIGNATE GRAND AVENUE IN HONOR OF REV.
THEODORE GIBSON.
Mr. Dawkins: Item 50, I'd like to hear, Mr. Mayor. I believe, Mrs. Silver?
Mayor Suarez: Commissioner Dawkins. This is presumably a non -controversial
item. We are going to go right through as represented by Frank Cobo to me.
Rabbi Herbert Baumgard: We thank you for the privilege, Mayor. My name is
Rabbi Herbert Baumgard. I'm the founding rabbi emeritus of Beth Am, which is
the largest synagogue of Florida. I'm here however, as a member of the board
of the Theodore Gibson Memorial Foundation and we would like this Commission
to consider naming Grand Avenue in memory of this gentleman and that the
avenue be changed to Theodore Gibson Boulevard through...
Mr. Plummer: Rabbi, let me try to handle this quickly.
Rabbi Baumgard: Yes.
Mr. Plummer: Mr. Mayor, this is a request of the Gibson Foundation of which
Rabbi and I both are members. We would like, as you know, there was a request
_
before us for the possible naming of another individual for that same purpose
and what they would like is that this same consideration be given to one 'of
our former colleagues, Commissioner Theodore Gibson. I think there is more
room there and we can surely consider, but we have to send it to the Memorial
- Committee and Mr. Mayor, at this time I would recommend to name it Theodore
— Gibson.
Mayor Suarez: With a positive recommendation of this Commission.
z;
Mr. Plummer: With a positive recommendation from this Commission be sent to
the Memorial Committee for also designation on Grand Avenue. I would -so -move:
INAUDIBLE COMMENT NOT ENTERED INTO THE PUBLIC RECORD
Mr. Plummer: Well, OK, that's one of the things that we've talked about so
that all of you are aware. We have Luis Sabines Way. Luis Sabine* Way runs
h
for about 40 blocks and we are saying is that that's too much for one
individual. What we're saying is, that we want it to come down to one block,`.
y
or one intersection, so that we could name more after more people,, �
p p . � ao :. khat �
where I think that the compromise could come in which Father Gibson could ba:
'z
remembered to a section of Grand Avenue and if that other one is reeommnded
out favorably, that that could be also considered and I could.think oflothsrsi
Bill Stirrup; who was a very great member of Coconut, -Grove. You,know,=theress:
— a lot of traditional families in Coconut Grove, that came where my people game:
}"
from, the Bahamas and,..
Unidentified Speaker: Sir, will we have the opportunity to apeak'iA`beh+n of;, '
our candidate?
,
.. Mrs 1'luamar: No question about it. When it c mes back bof th, iB"f
ft w receia+e the recommendation of the Memorial`f*
F . Coogtission, a er e _ ,
� •S 7
'. 3n
131
lowht�
Mayor Suarez: We instituted that just recently and we pretty much have to go
by that, in fact, we have to go by that procedure. This is part of our
ordinance. All right, so moved, do we have a second?
Mr. Plummer: Ms. Armbruster, you are not a Bahamian, you can't speak.
Me. Esther Mae Armbruster: Yes, sir, I live in the Grove, ah hahl
Mr. Plummer: You did not coma over on the dinghy boat.
Ms. Armbruster: I sure didn't, I came over on an African boat.
Mayor Suarez: Moved and seconded. Any discussion? If not... Ma'am, were you
going to say something other than the support of this? Because I presume most
of...
Unidentified Speaker: I'm on a separate...
Mayor Suarez: I'm sorry, OK.
Mr. Plummer: Ms. Armbruster, did you want to speak on this subject, on...?
Mayor Suarez: If you are going to speak in favor...
Ms. Armbruster: Yes, I would...
Mayor Suarez: that could destroy the momentum, the positive momentum you have
on this.
Ms. Armbruster: I'm not in favor.
Mayor Suarez: You are not in favor?
Mr. Plummer: And by the way, just for everybody's edification, that is
codesignation. But wait a minute, not here, would that be, Mr. Mayor?
— Because it is not a street, it is name. Would that be for designation or...?
_ Mayor Suarez: I still think that it would make more sense to keep it a
codesignation for all the reasons, but I think we'll get all those
recommendations from the Memorial Committee. Did you have something to say
against it Ma'am? You are nodding, you are on the side of right. OK, Ms.
Armbruster.
Ms. Armbruster: My name is Esther Mae Armbruster, I live 3350 Charles Avenue
-- in Coconut Grove. I just would like to say that in Coconut Grove, you, the
City, have already named a building after Father Theodore Gibson. It was
$„
_ supposed to be named something else, but you named it, him, that's for this -:on
— the park, the senior citizens' building and the County named other senior
citizens' buildings in recognition of Father Gibson. So I believe, and there
are others, but I'm here that his name is well remembered, so I don."t.pee Vhy
- you are going to continue to...
Mr. Pluma:er: Well, let me tell you why I think. I don't think there is any
_
more person that is more synonymous to Grand Avenue than Theodore Gibson.
3
Ms. Armbruster: Well, that's your opinion.
}
_— Mr. Plummer: I can see that man back in, when I don't want to remember, in
his pajamas, walking up and down that street.
Mr. Frank Cobo: Also, Commissioner, if I may add, there are a lot of names 'of
individuals on like buildings and streets that are more than just one bullding
and one street.
— ` Mr. Plummer: See, Ms. Armbruster, you've got to remember, -Ferro used to sad*
olive station after me, but,,you'll dot ee
if I would drop dead, he'd name the y '�
P
?. there is nothing named after me.
s�Y�
Mayor ouarers 1'll say the some thins
rlunr rl l W#4t to r ber that he sot dofsatod> Ur. f:Soy-60 7.
."
139 4
P
{ Y 1 4
R f c — ..a_....,.r.....NY.ea cnM+^t5K.1%eN6t1dXa3tswa rl4oS.'hR�.C[
Mayor Suaress I finally found something that I agree with Maurice Ferro on.
You like that, Art? All right, call the roll on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoptions
MOTION NO. 89-1059
A MOTION DIRECTING THE ADMINISTRATION TO FORWARD TO
THE INTERIM STREET CODESIGNATION COMMITTEE, WITH A
POSITIVE RECOMMENDATION BY THE CITY COMMISSION,
REQUEST RECEIVED FROM THEODORE R. GIBSON MEMORIAL
FOUNDATION TO CODESIGNATE GRAND AVENUE IN HONOR OF
THEODORE R. GIBSON.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYESs Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: And let me just say for the record, Mr. Mayor, this is in no way
disrespectful to the Rolle family. They are also a great part of Coconut
Grove.
-----------------
_
36. SECOND READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "HISTORIC
—
PRESERVATION: BUNGALOWS OF LITTLE HAVANA, FY189-90" - PARTIALLY BY GRANT
FROM STATE OF FLORIDA, DEPARTMENT OF STATE - AUTHORIZE MANAGER TO ACCEPT
-
AWARD.
Mayor Suarez: Item 21.
Mr. Guillermo Olmedillo: Item 21 is a second reading, Mr. Mayor. It's a
_
—
special...r
—
Mayor Suarez: Historic preservation, Bungalows of Little Havana, is there
anything controversial about this? - that anybody has any problems with item
21? If not, I'll entertain a motion on the second reading of this ordinance,
_-
previously moved by Commissioner De Yurre and seconded by- Commissioner
=
Dawkins.
Mr. Plummer: I'll move it.
Mayor Suarez: Thank you.
e'
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please read the oardinauae.
-_
Call the roll.
AN ORDINANCE
AN ORDINANCE ESTABLISHING A NEW SPECIAL RBVMMZ FUND s
F JY
?.`f
ENTITLED "HISTORIC PRESERVATION: BUNGALOWS OF° LITTLE
•L
HAVANA, FY 189-'90" AND APPROPRIATING FUNDS FOR THE
OPERATION OF SAME IN THE AMOUNT OF $90000, CONSISTING
�f
OF A $4,500 GRANT FROM THE STATE OF FLtJRIDAe
{
=s�
DEPARTMENT OF STATE AND $k, 500 IN WIND SIiRVXQ* YM
FISCAL YEAR 1909-90 COMM11NITY 1DEV3W DLS K 91 � f
CITYy1DE HISTORIC PRESERVATION; CONTAINING A EAR
—� .
PROVISION AND A S$VERADILITY CLAUSS.t
•
Passed on its first reading by title at the meeting of October 12, 1989,
ras taken up for its second and final reading by title and adoption. On
motion of Comissioner Plummer, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10669.
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.
37. SECOND READING ORDINANCE: CREATE NEW SPECIAL REVENUE FUND "RECREATION
PROGRAMS FOR THE MENTALLY RETARDED - FY190" - PARTIALLY FUNDED BY
GRANTS - AUTHORIZE MANAGER TO ACCEPT AWARD.
Mayor Suarez: item 22, special revenue fund, recreation programs for
the
mentally retarded, fiscal year, 1990.
Mr. Plummer: Move it.
— Mayor Suarez: Moved.
Dr. Alonso: Second.
Mayor Suarez: Seconded. Thank you. Any discussion? If not, please read
the
_<
- ordinance. Call the roll.
AN ORDINANCE -
— AN ORDINANCE CREATING A NEW SPECIAL REVENUE FUND
ENTITLED "RECREATION PROGRAMS FOR THE MENTALLY
RETARDED - FY 190" AND APPROPRIATING FUNDS FOR ITS
'
OPERATION IN THE TOTAL AMOUNT OF $351,056 CONSISTING
_
OF A $256,056 GRANT FROM THE STATE- OF. FLORIDA"
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS)
$45,000 FROM FISCAL YEAR 190 SPECIAL .PROGRAMS -AND
ACCOUNTS, MATCHING FUNDS FOR GRANTS, AND $50,000 IN
r''
CARRY-OVER FUND BALANCE FROM FT 189REVENUE FUND OF
THE SAME; NAME1 AUTHORIZING THE CITY MANGER TO ACCEPT
THE GRANT AWARD AND TO ENTER INTO THR' NRCESSARY
CONTRACT(S) AND/OR AGREEMENT(S) TO ACCEPT:THEGRANT
AND IMPLEMENT THE PROGRAM, SUBJECT ` TO APPLICABLE CITY
+ °'
& CODE PROVISIONS; CONTAINING A RIPE ALE R PROVISION AND A
SEVERABILITY CLAUSE.imi,
Passed on its first reading by title at the meeting of October 12,r19091
eras taken up for its second and final reading by title and adoption,
— notion of Coamisaionar Plummer, seconded by Commissioner Alonso, th*' 004 i60
was thereupon given its second and final reading by title avid pa sod
444
adopted by the following votes.
1 �
dad:
_
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10670.
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.
-- -------- ------�-�----- ----- ------------ - - - ._.......-
38. FIRST READING ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND: "DADS COUNTY
EMS GRANT AWARD (FY189)" - FUNDED BY GRANT - AUTHORIZE MANAGER TO ACCEPT
AWARD.
Mayor Suarez: Item 23, special revenue fund, Dade County EMS Grant Award,
appropriating funds to the operation of same.
t;
Mr. Plummer: Oh, yes, that's money we're getting. I'll move it.
Mr. Odio: We're getting two hundred, yes.
Mayor Suarez: Yes, it doesn't look that way, but that's what it is. Do we
have a motion?
Mr. Plummer: Yes, with pleasure.
Mayor Suarez: Second?
Dr. Alonso: Second.
Mayor Suarez: Seconded, thank you. Any discussion? Read the
ordinance.
-
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
N
ENTITLED: "DADE COUNTY EMS GRANT AWARD (FY'89)",
APPROPRIATING FUNDS FOR THE OPERATION OF SAME IN THE
='
AMOUNT OF $2$3,997.00, CONSISTING OF A $283;997.00
—
GRANT APPORTIONED BY METROPOLITAN DADE COUNTY FROM THE
STATE OF FLORIDA DEPARTMENT OF HEALTH AND
REHABILITATIVE SERVICES UNDER THE "FLORIDA EMERGENCY
MEDICAL SERVICES GRANT PROGRAM FOR COUNTIES" AND.
FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE
a:
AFOREMENTIONED GRANT AWARD AND ENTER INTO THE
z
NECESSARY CONTRACT AND/OR AGREM41WT WITH 'THE `FLORIDA
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
-
AND/OR METROPOLITAN DADE COUNTY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
' :a
-
Was introduced by Commissioner Plummer and seconded by Commissioner �•
Alonso and was passed on its first reading by title by the following votov `
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso'
Commissioner Miller J. Dawkins
,r
Vice Mayor Victor Do Yurre,
Mayor Xavier L. Suarez
d
NOR$ $ None.
A3SENT1 Nona.
t.
}
r
.4
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City C'W istiOn and
to the public.
39. FIRST READING ORDrNANCS: AMM 10642 - INCREASE APPROPRIATIONS TO *SOLID
WASTE COLLECTION EQUIPMENT - FY'90 - FF'91."
Mayor Suarez: Item 24.
Mr. Plummer: Miller moves it. I second it.
Mayor Suarez: Capital Improvement appropriations ordinance, solid waste
collection equipmentin the amount of $75,000 frcna certificate of
participation., which I guess are some dent instruments that we've been using.
Any discussion on this item?
Mr. Plummer: May I... wait, what is 750 K7
Mr. Fernandez: Thousand, 750,000.
Mr. Plummier: OK, correct the agenda. The agenda here, the manager's notes on
the side show 750,000.
Mr. Fernandez: Which is correct. The titles is wrong_ The title needs to be
amended.
Mr. PLvmmuer: Let's get together here. Do we have an ordinance correcting;
this agenda? Thera is a lot of difference, even though certain people don't
realize it around here, between 75 and 750.
Mr.. Fernandez: It was a typo.
Mr.. Odic: It is 750.
Mr. PLmm®er: Is this legally before us for that amount, mach more than
what
was advertised?'
Mr. ftrnandea: 750, yes it is. It was advertised properly.
Mr. PLummer: It was advertised. The agenda is the only wrong.
>r
Mr. Ferrnandaz: Correct.
—
Mayor Suarez: I'll, entertain a motion on 24, as properly understood,
than fna- Did you second? Please? Tb- you. Read the ordinance:.
Call
the roll..
AM omynu= momim--
AST ORDAl =I= SECTIM 1 OF ORDIN"M leer.
10642, TH CAPITAL. IKERGVMG=
OnnfA= BY IBC&BASINC THE TOTAL APPR0VRIATi= TO
TFiB CAPITAL PROJ= UTTTL WSOLMVAM C=-L'X'Yitll
"
$QUrPM = PRO=T No. MO LO BY
$750,000.00, SAT IT AST BZ= LVAI'LABLB V= TAH
_
CCffr=ICATB OF PAliTiCIPATIOM (C..O.P. CMMi]BIiIG A
r
M OS PR &= AMA SEMABILITY m- -A=.
i
Was iAtroduced by C+omisaiwl.wr Dawkims and s==Sded 17
Plummer and was passed an Its first reading by title by the fol.lowUg
n g
r
a
r
s
u fd
•
11
ATM Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor be Yurre
Mayor Xavier L. Suarez
NOBS: 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.
--------------------------------------------------------------------
40. FIRST READING ORDINANCE: EXPRESS CITY COMMISSION'S GOAL TO MAINTAIN THE
GENERAL FUND BALANCE (AS OF 9/30/89) AT NO LESS THAN $6,000,000 -
INCREASE FUTURE YEAR ENDING FUND BALANCES BY AT LEAST $10000,000 PER
YEAR FOR NEXT 4 YEARS - AUTHORIZE CITY MANAGER TO TAKE NECESSARY
ACTIONS - NO FUTURE APPROPRIATIONS FROM FUND UNLESS THERE IS A FAVORABLE
VOTE OF 4/5THS OF CITY COMMISSION.
Mayor Suarez: Commissioner Alonso, a point of special privilege.
Dr. Alonso: Yes. I'd like to introduce an ordinance at this time. It is
consistent with my position on fiscal responsibility and the conservation of
the taxpayer's dollars and it is with the intention of changing the perception
that this Commission is giving away our tax dollars, money, and specially to
reduce the impact of the personal appearances in front of this Commission. It
has been the result of the personal appearances in front of this Commission
that annually will be used in the neighborhood of $3,000,000 and it is my
intent and I hope I will receive the support of my colleagues to approve an
ordinance that will escrow the amount of money that we have in the fund
balance of the General Fund of this City of Miami, that it is in the
neighborhood between $6,000,000 to $8,000,000, September 30, 1989 and that .we
hope to increase to an amount of $10,000,000 as soon as possible. It is also
my intention to have a clause that in order... it shall not be subject to
appropriations unless there is a favorable vote of four/fifths- of this
Commission. I think this and I have sent a memo of course to all of you,
stating my position and I have discussed this extensively with the Manager and
the City Attorney, discussing my position. I think this will make our lives
easier. It will also send a strong message to the community that it is our
intention to preserve the tax dollars of the citizens and to do our best not ,
to give away the money during every agenda that we have with personal
appearances, so I do hope that I will receive the support of the members of
the Commission and I so move that this ordinance be considered.
41
Mr. Plummer: I'll second it for discussion.
Mayor Suarez: So moved.
Mr. Plummer: Now, under discussion. I've got to have better clarification.
First of all, Mr. Manager, what is our fund balance today?
{
Mr. Odios We won't know officially until ...
Mr. Plummer: Approximately..
Mr. Odio: Between six and eight.
Mr. Plummer: Between six and eight is the fund balance today?
Mr. Odios Millions.
Mr. Plummer: +OK. That means that somewhere between now and the.., when
Mr. Odios Well, What we are in the...
wW
R�.
'. Plu mO n As soon as praCt Cif doesn't $ive me adato toot Z 044
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t'
Mr. Odioi When the CPA, the outside CPA's finish their audit of the City,
they will determine what we have placed as fund balances is correct and then
they will have a final number and that should be in March.
Mr. Plummer: That's not my Question. Is this ordinance... yes, maybe I
should ask the maker of the ordinance. Is this to be established and met by
the end of this fiscal year?
Dr. Alonso: No, my intention is to preserve and escrow the amount of money
that we have at the present time in order to keep it as it is and to work to
increase that amount to the $10,000,000.
Mayor Suarezi Yes, I think the intention is to keep it at all times, in fact
to have it such that it would be the equivalent in many cities of an emergency
fund. I mean, it cannot be touched and it has a separate account in escrow or
least identified.
Mr. Plummer: How soon do we get these?
Mr. Fernandez: In a year or two or three.
Mr. Plummer: As soon as practical doesn't tell me anything. I've got another
question.
Mr. Odio: This is the fund balance and the question when do we reach the
$10,000,000 depends on the circumstances of this year.
Mr. Plummer: But see, that doesn't tell me anything.
Mayor Suarez: No, no, but as to the minimum amount that she's talking
about...
Mr. Odio: No, she is asking me when do we reach the $10,000,000.
Mr. Plummer: When do we attain that goal?
Mr. Odio: I do not... I think by next year we may, but I cannot promise you
that.
Mr. Plummer: Well, OK, then let me ask you another question. Did you not
indicate to me that in your meeting in New York with the bond people and the
stock people, Moody's and Standard & Poore.
Mr. Odio: The rating agencies.
Mr. Plummer: Did you not tell me that they wanted a minimum fund balance of
$13,000,000?
Mr. Odio: No sir, I said ten.
Mr. Plummer: You said ten, I misunderstood you.
dr. Odioz Yes.
-� ,m°���{ � •.: a;,.,., g,tw.usu..i ✓wvSrtr'.fw+;ahFk'k>'• � �
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Mr. plummer: OX. Now, you maintain a fund balance of $10,000,000, That in
effect is a contingency fund.
Mr. Odio: It should...
Mayor Suarez: Or emergency fund.
Mr. Odio: Yes.
Mr. Plummer: OK, but what you are saying is Miriam, then out of this fund,
only monies could be taken by a four/fifths vote.
Mr. Odio: Yes.
Dr. Alonso: Yes.
Mr. Plummers Is that correct?
Dr. Alonso: That's right, and the intention is...
Mr. Plummer: I would hope it was five/fifths, but if four/fifths is what you
want.
Mr. Odio: Right.
Dr. Alonsos It's better.
Mr. Plummer: I would go... I would love that)
Dr. Alonso: I tried and I was advised to do it this way, that was my
intention to make it as strong as possible as to be able to keep this money."'
I don't want the idea that we have the money today and tomorrow it goes into
the disappearing act. We want to send a strong message of what is the
position of this Commission.
Mayor Suarez: It is really more of a true disclosure to the people of Miami
to use four/fifths, because even if we made it unanimous requirement, we could p
always change it by emergency ordinance which requires four/fifths vote, so I
don't think we ought to misstate anything to the general public and
four/fifths I think would make the most sense. I have a feeling it's not
going to-happen,a heck of a lot, we are able to establish the fund. As a `
practical matter, are we able at this very moment and I guess this also goes
to Commissioner Plummer's question, to set aside or upon the operative date of
the ordinance, which I guess is roughly, if this was first reading...
Mr. Odios. Thirty days from now... after the second reading.
x;
Mayor.Suarez: ... it would be 30 days from the second reading. I'd like it to
be effective before the personal appearances we have scheduled today!
Y
Dr. Alonso: I know.;
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Mr. Odio: Mr. Mayor, let me tell you and we have to do this.
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Mayor Suarez: OK, can you, at this point, or within 30 days of the second
reading, anticipate it to be whenever the second reading of this would be, can
you actually set aside the monies and put it... because she is talking I think
the way that the import of that ordinance is saying that it is a separate
account and that we'll know...
Mr. Odio: It is already set aside.
Mayor. Suarez: OK, we literally can call the bank, or you can call the bank
and we can call you, whichever, and find out that there is in fact, no less
than $7,000,000.
Mr. Plummer: OK, yes, that's fine, that's fine.
Mr. Odio: I didn't say $7,000,000.
Mayor Suarez: Seven?
Mr. Odio: I did not say that.
Mayor Suarez: I'm sorry, I thought that was the figure.
Mr. Odio: I said between six and eight, depending on what the CPA...
Mayor Suarez: Well, what is the ordinance going to say? It can't be between
six and eight.
Mr. Plummer: It says $10,000,000.
Dr. Alonso: It says what was available September 30, 1989 and I wanted to put
the precise amount, but...
Mr. Odio: We cannot do it.
= Mayor Suarez: Yes, I see.
-
- Dr. Alonso: ... they cannot do it, because they have to do the final audit.
Mr. Odio: We cannot do it.
Mayor Suarez: Oh, so what is it going to read then, a range?
Dr. Alonso: And they mentioned maybe it will be eight and I say, well,
I'll
be satisfied if at least we have $6,000,000.
- Mayor Suarez: OK, six then,
Dr. Alonso: And they assured me that yes, that is available.
Mayor Suarez: But if it is in an ordinance - Mr. City Attorney, correct me if
I'm wrong - if it is in the ordinance we must have $6,000,000 minimum in
that
account at all times.
ti
Mr. Odio: No, he is not saying six.
_ �p
Mayor Suarez: Please, let me ask the City Attorney. Isn't that...
Mr. Fernandez: Yes, our position is that the ordinance dealing with this
fundA
must be as specific as possible. What we have done is that we have been-
116la
h
to establish a date certain. September 30, 189 is the date at`:*hicb
accountants will be looking at and when the accountants cloao''thebuok:
City of Miami sometime in February or March, which they -`usually dQ...for ; t
proceeding fiscal year, that amount that they predetermine was ttiires.
September 30th of 989 will be the amount that could then be subptitutvd
this ordinance. So ideally speaking, this ordinance .should hav*t.
considered at the time sometime after the accountants hags suooreti `t�l
report, that because we want to consider this now, we sit awake '00�sye�
*metime is the future's determination of our a prcauistl 9984t
You follow that?
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or Suaras:. Sut-sot to,, sovec to be loss than apart u t0, 0» $
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Mt. Ferhabdet: That's Vhereb..
Mr. Plummer: It's says here $10,000,0006
Dr. Alonso: $10,000,000 is the cap.
Mr. Odic: If you feel better, Commissioner Alonso, since it is yours, set
down $60000,000, but...
Mayor Suarez: Yes, I think you'd better put a bottom threshold.
Mr. Plummert Why would you go that low?
Mayor Suarez: Because we're not sure we can get any higher than that.
Mr. Odic: Because I will not guarantee that we have more than that.
Dr. Alonsos Can we, and the this question goes to Mr. City Attorney, if we
say $6,000,000, but if the amount is higher, of course...
Mr. Odic: Whatever it is...
Dr. Alonso: ... since we are setting of goal of ten...
Mr. Fernandez: Yes, because this ordinance does two things. This ordinance
then will fix the amount and would also establish the goal and the policy of
this City Commission which instructs the Administration that they must
continue to replenish or put monies in that fund as they become available
until they reach the cap of $10,000,000.
Dr. Alonso: So can we say no less than $6,000,000?
Mr. Fernandez: Correct.
Mr. Plummer: OK, now, my question is where is the money going to come from to
.. be put into this fund?
Dr. Alonso: It is available.
Mr. Plummer: Where? That's the question.
Dr. Alonsot The City...
Mr. Plummer: Where are the monies coming from to go into this fund? r
Mr. Odic: They are in place already, Commissioner. 4
s Mr. Plummer: OK, that's fine, that's $6,000,000.
Mr. Odic: No, no, we are saying $6,000,000.
Mr. Plummer: OK, OK...
Mr. Odic: I keep saying that I qualify that until the CPA says this is asaV
acceptable accounting principle, if approved. I cannot may an exact amount.
Mr. De Yurres Let me understand...
x Mr. Plummer: Mr. Manager, wait, excuse me, Victor. I just want to get one..
4: thing clear. You told me in a memo, I think as well as in my office, tbiot tt�44
people in New York told you that if we don't have $10,000,000 ivad balance„
--IL that we're going to be in serious,jeopardy next year. Why we would settle
less? What we are saying here to go to 46#000,000, to we're in jeopardy.,
Mr. Odic: We've not saying we're going to $6,000,000. Ve're sayer wo. U*0 `z k
$6,0Q0,000 or we could have eight. What she is saying is we wgnt to ua t '_
as goon as we can
pr4cticaliy reach ten and I don t rect nd tit` a
tea nowt because ire cannot, but we can. , . �
aDry AoAgo3 Tire pxnbelo has been In the paaot 'that tAs,.Ao► ;Y�
Mr. Plummer: Don't use the word, disappear! The monies have not been
available, not disappear, please.
Mr. Odio: Let me qualify...
Dr. Alonso: Yet when we say yes and yes and yes... and it's Christmas time
all year long...
Mr. Odios What has been the practice in the past, Commissioner...
Mr. De Yurre: Cesar, explain this to me. You are saying that the money is
available, you just don't know how much.
Mr. Odio: We don't know from six to eight what it would be.
Mr. De Yurre: OK, now where is that money right now?
Mr. Odio: In the bank.
- Dr. Alonso: General fund.
Mr. De Yurre: Among many other... co -mingled with all kinds of monies?
Mr. Odio: Among many other... sure, but it set aside as a fund balance of the
City of Miami. It is a fund balance.
- Mr. De Yurre: I know but there is no balance at that point in time that tells
you we have so much.
Mr. Odio: No, because...
Mr. De Yurre: 'Well, what happens is that after you add up everything else and
= subtract everything else, what is left is the fund balance.
Mr. Odio: That's right, that is correct and we have certain transactions...
Mr. De Yurre: OK, now what we are saying now is that whatever is going to be
left over as of this year...
Mr. Odio: That's right, that is right.
Mr. De Yurre: ... we are going to take that and put it into a separate
account...
Mr. Odio: No, not a separate account. What you saying is you can't spend
what we've got left over. You cannot have a separate account.
Mr. Plummer: Do we have a...
Mr. De Yurre: Where are you going to... hold it J.L., let me understand this.,
Mr. Plummer: Go ahead.'
„i:
Mr. De Yurre: Where are you going to put it?;
Mr. Odio: General Fund.
k
Mr- De Yurre: General Fund? And then again we will be;..
Mr. Odlo: Reserve.
i
Mr. De Yurre: the same thing?
Mac. Odio: Reserve, you cannot spend it. 4'
Mr. Plum r: That's call -slight of hand.
ti Mr. Do Yurre: Ruh
r
Mr Wigs You cannot spend .it. You cumot apsOd it..
4
149
r
Mr, De Turre: I,m not saying spending it, just putting in a separate account,
Mr, Fernandes: No, but my understanding is that it must remain as part of the
General Account of the City of Miami in order for it to be considered a fund
balance and...
Mr. Odio: That's right.
Mr, Plummer: Absolutely, i don't agree with that. It's no different than this
Omni monies that were supposedly collected for Omni and they didn't go to
Omni, it is slight of hand.
Mr. Odio: You start playing with these numbers and the...
Mr. Plummer: Can I ask you a simple question? Do we have an account entitled
trust fund balance?
Mr. Odio: No.
Mr. Plummer: Why don't we?
Mr. Carlos Garcia: The General Fund is an accounting concept. It is the
remaining balances..,
Mr. Plummer: I'll ask my question with a simple yes or no answer. Can we
establish an account called trust fund balance?
Mr. Garcia: No sir, it doesn't make sense.
Mr. Plummer: Now give me the reason why we can't.
Dr. Alonso: Why can't we escrow that account.
Mr. Plummer: Legally tell me why we cannot do itl
Mr. Garcia: Because that is the fund that we use for working purposes in the
City.
Mr. Plummer: Tell me what legally, not what you do, or what you want to do.
Tell me legally what is the legal standing that you cannot do it.
Mr. Garcia: The fund balance of the City is a changing amount at all times.
Mr. Plummer: But you don't understand, that's not what she's trying to
accomplishl
what we are talking Mx. Garcia: But Commissioner,g about is a fund balance at
year and. We are saying for last year the fund balance....
Mr. Plummer: No, no, you see, you misunderstand and you're trying tol defend
your old ways of doing business.`
Mr. Odio: No.
Mr. Garcia: Commissioner, what happens is this.
M 4�
Mayor Suarez: Lets agree on teminology. OK, up to . now the fund, balance has ate{
bean really a budgeted fund balance which varies at all times; "As► o! uow► wra "rc
have .an idea and a proposal which will be an ordinance, will be a lot ,notO0
_ than an idea, that we have a minimum earmarked allocatedseparate` lZaatd t' ��
balance, if :you want to call it that. It's really not is fund: balan:e
be an -emergency account that cannot be touched and we are trying to
minimum amount in a realistic way that will hasp our credit and that wil
otherwise tie our hands as to all these personal appearances, so at Oi #:t �►e` ,+ 2
agree in terminology. Up to now, fund balance has been a sort of •thoorebio�4
coaespt that varies throughout the year, but it•t a budgetsd fund bslaac;►.: tK
Now she is trying to say that there should always be a taintaum aatoolly r Tf
#.ha bank,', _
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Mr.. Plw r: but Mr. 'Mayor, SO-Ot it a lot Oastor "Wbin V" AQ
OW say air, ghat is the trust fund bslsntst if i} i lea►. +���,t, _
for Wit, he cam pack UP a pbQ" and nay, 'tOl l me the Wi4k
.0 b 6,' 's>� leg:• Z r'�Y'. �_
ran.
Mayor Suarez: Yes, except there is some complications. Por example, we get
the...
Mr. Plummer: No, we are getting no answer right now - somewhere between
$6,000,000 and $8,000,000.
Mayor Suarez: I have the same problem, but sometimes at the beginning of a
month we get all the tax revenues sent to us and at that point there may be
$30,000,000 and within hours there will be a lot less. It is a varying
amount, it depends on how our income comes in.
Mr. De Yurre: Then what is being proposed can't work.
Mr. Plummer: My understanding is, you don't want a varying amount.
Dr. Alonso: No.
Mayor Suarez: She wants a minimum amount.
Mr. Odio: The fund balance...
Mayor Suarez: Absolute minimum amount.
Mr. Plummer: But that's not the case.
Mr. Odio: The fund balance is very simple, Commissioner Plummer.
Mayor Suarez: No, but we are going to establish this somehow.
Mr. Plummer: Well, you know... let me remind this Commission of one, thin3
that nobody wants to talk about and I really don't, but I've got to- say`'it"
Do you know what a disturbance costs this community a day? Tell them, Mr.
Yy;
Manager.
Mr. Odio: We spent $2,500,000 for that.
_ Mr. Plummer: $1,000,000 a day. Do you know what that did to this year's trust
fund?
Mr. Odio: It's not a trust fund. Don't call it a...
}
Mr. Plummer: Hey, that monies which would have gone into a trust fund? F
Mr. Odio: See, the rating agencies would like to call it, as they do with
other cites, a fund balance.
Mr. Plummer: The way you are doing it, I disagree with, I think Miriam has a'
splendid idea. I think it ought to be established. It ought to be a reserve,
fund and nobody can touch it, except four/fifths vote of this Commission.
Mr. Odio: And I agree with it.
,7
Mr. Plummer: Other than that, I'm sorry, to me -it is slight ofhand.
-;
Mayor Suarez: That's a good term, minimum reserve fund and as Commissioner De x;
Turre is indicating to be a true minimum reserve fund, it does have to�be in
separate account, whose balance can never go below the amount that we seta
Mr. Odio: What I don't want to something, or call it something different th�►t:'
a rating agency that is looking at us constantly will look like wo*doa't�bape �
any fund balance when they are looking at it.
s e�
Mr. Dawkins: Well, what is illegal about what we are saying?
Mr. Odio: No, I didn't say it wasn't.
zm
Mayor Sutures: No, it's part of the fund balance -if you want to look, .% t 0
part of the funs balance, There is no problem with thst, but it a A
reserve scaount, or emergency account, if yow want to look U - it that
__-
Mr. Odiot And so far as... I will give you this report. In our meeting with
thew they were pleased that we went from two and one-half from an estimated
six to eight over a year. We had promised that we would try to reach ten.
This is the first year in I guess over or maybe twelve years that we have not
used, because when the fund balance was used in the past was to balance the
Next year's budget and we did not do that this year for the first time.
Mayor Suarez: Yes, what is confusing to us is that this is not the first time
you tell us that we're going to have a budgeted fund balance of approximately
48,000,000 or 410,000,000.
Mr. Odio: But we have had in the past.
Mayor Suarez: I know.
Mr. Odio: And you had up to...
Mayor Suarez: But we get to the and of the budget year, we've had to use it
up.
Mr. Odio: But then in the next budget year, you use it to balance the
— budget...
Mayor Suarez: Yes, I'm aware of that and if you would stop interrupting me, I
could probably complete the sentence. Anyhow...
1
Mr. Odio: ... which is a standard operating procedure. What we're saying
now, we won't be able to do that.
Dr. Alonso: That's right and that was my concern and as a citizen I have
heard that before and now I want to be sure as a Commissioner that I keep that
money there, that. it will remain available and it will not be used only`'"
four/fifths of the votes in this Commission and I want to keep it that way.
Mayor Suarez: OK, that's part of the resolution. Commissioner De Yurre.
Mr. De Yurre: Yes, a couple more points to further this concept, I would like
to see that if we go into the separate account concept that the interest
earned remains there. Additionally, I would like to see that if we have to
meet a. $10,000,000 minimum amount as required by the bonding companies in New
York, that we make a commitment that on an annual basis we put in an extra
$1,000,000 until we reach the $10,000,000 mark, a minimum of $1,000,000 a year
until we reach the $10,000,000 mark and then we cap it at that amount and
whatever increase would be just the interest that's generated by itself.
Mayor Suarez: That reflects the intent of the movant and I think there would'��
be no problem. You had talked about trying to set up I eventually a
$10,000,000 account, yes.
Dr. Alonso: Yes, exactly.
Mr. Plummer: But my concern, Mr. Mayor, expressed by the Manager, is if we
don't have a . $10,000,000 fund by the end of this year, that we're going " to ",;
.
have trouble next year and that's why I guess I am pushing so hard to try to
defend the Manager who is over here fighting me.
g
Mayor Suarez: But J.L., we have roughly seven months, ..or whatever`numbsr of
-
months we have and if we at least start our way on this path and begin to
-
constrain ourselves as to personal appearances and people requesting money, �►e`
—
might actually have what he's suggesting that we have within four years. or';
whatever number of years by the end of this fund balance, I moan, by the eno'.. r x`
of this budget year, so I mean, we are all saying the same thing. f:f'
V.
='
Mr. Plummer: I will vote for this motion, I think it's a stop in the xi.ht:rx
direction, I would love to nee that we instruct the manager to have that ?�► t �
=
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the end of this fiscal year at $10,000.000. Sure you can. 4r
Mayor Suarest Well, that's...
Dr. Aioaaoe iie'l.i do onr best. NVI
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Mayor Suarez: Yes, that's the direction we want to head in. Commissioner Ds
Yurre is saying that if we began now with a minimum of $6,000,000, that we
would add no less than $1,000,000 a year. You're saying we ought to try to do
-
it by the end of this budget year. I don't think any of us disagree.
Mr. Plummer: OK, hey, you know, if...
Mayor Suarez: And the Manager is saying, he's going to be telling us for the
_
next six months, every time that we are getting ready to vote on something,
that this is going to...
Mr. Dawkins: Yes, but you see, J.L., I have to agree with J.L., you know, I
would rather tell the Manager to have me $10,000,000 and he come up with
$7,000,000, then to tell the Manager to have me six and he come up with six.
Mr. Plummer: Let's tell him fifteen and come up with ten.
Mayor Suarez: All right, we are going to accelerate then the schedule
proposed by Commissioner De Yurre. Does that reflect the consensus and
say...?
-
Mr. De Yurre: Well, mine is a minimum that he has to meet.
-
Mayor Suarez: Minimum, all right.
Mr. De Yurre: Let's say at the beginning of the year, whenever, just put in
$1,000,000 in there somehow.
Mayor Suarez: The objective would be... how about this, the objective would
be to get $10,000,000 by the end of the current fiscal year and have a minimum
=
additional amount, as to whatever we put in the ordinance now, which I think
in -being interpreted to mean no less than $6,000,000 in each successive fiscal'"
_
year. I think those things are all in... they're compatible, I think.
Mr. Plummer: Now, let me ask again, are we also proposing to set this up as a
separate account?
Mr. Dawkins: Yes.
-
Mr. Fernandez: No.
Mr. Plummer: What do you mean, no?
-
Dr. Alonso: Why not?
A
Mayor Suarez: You better clarify that, Carlos, because... and Mr. Manager and
all of you, Mano, because that's what everybody here is thinking, that there
would be a separate account.
Mr. Plummer: If not, it's going to be slight of hand. Show me the legal
prohibition that says I can't do it.
Mr. Garcia: It's not a legal prohibition.'
9 1
-
Mr. Plummer: Then OK, that's what I want to hear.
Mr. Garcia: From a practical standpoint, Commissioner, fund balance is a
tip;
_
changing balance at all times as the Mayor said.
t
Mr. Plummer: That's slight of hand!
�.
Mr.
Garcia:
But the problem
is this. The key point is what Lund balance,', -we'.
_
have
at the
end of the year.
We've...
Mr.
Plummer:
No, it's not!
�
�
Mr.
Garcia:
Yes, air.
zYk
Mr.
Plummer:
No, no, no, no,
that's not what they look at. They will 1164et s
on, average over the year.
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Mr. Garcias The end of the year is the critical point. That goes further
down as the year begins, as the new year begins.
Mr. Plummer: I'm telling you, if you don't set up a separate account which
cannot be touched by other than four -fifths of this Commission, my dear, it is
slight of hand and you're not going to accomplish what you are trying to
accomplish. When you put that in a separate fund...
Mr. Garcias I think...
Mayor Suarez: OK, we're in agreement on that. Let's see how we can get to
that. Commissioner Dawkins, you :want to...
Mr. Dawkins: I agree with J.L., it's voodoo economics.
Mr. Plummer: That way nobody can touch it.
Mr. Dawkins: That's just what it is! Unless you earmark... see, we've been
here, that's our problem. See, J.L.'s been here longer than me, but we've
been here long enough to know that you see it today and you don't see it
tomorrow.
Mr. Plummer: That's right.
Dr. Alonso: That's the purpose of this ordinance.
Mr. Dawkins: OK, but if you put it there and you earmark it can't be moved,
it stays there.
Mayor Suarez: Carlos, let me suggest this. Let me suggest this, we don't
have a line of credit and I'm not sure that we could have a line of credit
legally, because we'd have to have probably a G.O. bond approval by the':"
voters, therefore we can never have less than zero in our operating accounts,
correct?
Mr. Plummer: We can't operate in a deficit.
Mayor Suarez: Right. So, if that's true, why can't we say that that
particular point is reached when we get to $6,000,000, but we consider that to
_
be zero, because we'd like to have at least $6,000,000 in a separate account,
_
identifiable account, it doesn't have to be a separate account, an
identifiable account that we know when we ask the Manager what is in our
reserve fund, he could never tell us less than $6,000,000.
Mr. Garcia: But, it is a great concept, I love it. It is a splendid concept,
I'm 100 percent for that.
Mayor Suarez: You're voting for it?
Mr. Garcia: Yes, sir, but the problem is this, at the beginning of the year,
we are going to be using that fund balance that we had last year until we get
the tax revenues, so at times, it will have to get lower than $6,000,000.
Mayor Suarez: Until we get some tax revenues.'
Mr. Plummer: Then it is not a fund balance.
Dr. Alonso: What kind of fund balance?
Mr. Odios The cash flow.
Mayor Suarez: OK, so you are saying the problem with setting it aside is".that,
for some periods of time, what you are saying is that... OK, ;let's: ae+R :,ig7.
Ly
wan solve it. What you are saying is that in next fiscal year for some period`
�
w may have to di into that because of our cash flow. Nov, is the
of time e y P
s
any.....:
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Mr. Pigs four -fifths of this Commission can do that if we wont to do it.
�
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ifayox, Suasss: that's sae W. Sy .ioo#, the talc reveauaa have not dome
quickly as we expected, or in the period of time that eta Oxpsotot-'.t!►
-•
auntil usually ►bessf • ,thou . is 00. ftrot >.Qa r at ws; got f+op i<he'.t-coo
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Mr. Garcia: In months, either late in November or beginning of December.
Mr. Dawkins: Well, see, hers we go again, playing games, OK? If you got the
tax revenue coming in, four/fifths of this ComeAission, or five/fifths of this
Commission vote to borrow $5,000,000 from this fund because you got the taxes
coming in, you put it back.
Mayor Suarez: That's one way to do it.
Mr. Dawkins: What's hard about that? Now, let me ask you guys.
Mr. De Yurre: Yes, but Mr. Mayor, didn't we approve last month a concept to
borrow, gat some bonds, so that we could lower that...
Mayor Suarez: No, those were capital funds, I believe.
Mr. Garcia: Yes,
$50,000,000 that we
November and now we
shape again.
air, those ten notes, those tax anticipation notes,
sold last month, that money was to cover October and
are beginning to get our tax revenues so we are in good
Mr. De Yurre: OKp so then, what's the problem?
Mr. Garcia: The problem is that technically we have no fund balance for the
last two months because we had... the tax anticipation notes from an
accounting standpoint is no part of fund balance. It is a debt of the City,
so...
Mr. De Yurre: But you have the money, right?
Mr. Garcia: Yes sir, but it is not fund balance.
Mayor Suarez: The accounts don't go with the fund balance.
Mr. Garcia: So we are talking about...
Mayor Suarez: Because it is a borrowing against future income...
Mr. Garcia: We are mixing terminology here and again it is an accounting
principle more than...
Mr. De Yurre: Well, you're telling me we have no fund balance today.
Mr. Garcia: Well, we have less than $6,000,000 today. We have six...
Mr. De Yurre: Oh, less than six now?
Mr. Garcia: No sir, at the end of the last year, we had, the last count that
we had was $6.000,000, but that money was used at the beginning of this year
and as I said, fund balance is a constantly changing number and the...
Mr. Plummer: But that's what we don't want. f
Mr. De Yurre: It won't be anymore.
Dr. Alonso: That's exactly. MSM
z
-- Mayor Suares: OK, we want to set up an ordinance and this is the first
reading of it, presumably, if it passes. We'll have a second reading andF tb%g
30 days after that. You will figure out a may..:
Mr. Garcia: Maybe what I can do in the meantime is most with you individually, F
and try to explain this very complex concept.
Mayor Suarez: Yes, but you are not going to be able to change aayb6dyly xipd,.' �
that we need to have an account, an identifiable# separate account with iq, �
lose than $6,000,000 in It.
Hr. Dawk$nss Don't bother to stop to see sae.
ldte� tarsi ao ire' l try to find a way. to Wo€1t' that outs
d�.Z�'.
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Mayor Suarez: And you've got one Commissioner saying very clearly and another
one, and just about all of us.
Dr. Alonso: Yea, let me go back to this gentlemen over here. We have sat for
several days with some of them as late as 7:30 and 8:00 o'clock at night and I
have asked million times, how much do we have in the fund balance. I've been
given the number between $6,000,000 and $8,000,000. I say I like to know is
■ this green money, is it numbers? I was told, the money is available. We
want... I was also told that it is the system of this Commission to be
generous and I have heard that as a citizen through the years. I come here as
a Commissioner now and my first step is to guarantee the taxpayers that their
money is going to be saved. I am overwhelmed by the feeling of the questions
of the rest of the members of this Commission in support of what we are
discussing, but I find a feeling on the other side, the Administration,
telling me, "Yes, we are going to do it in a piece of paper, but we are not
committed enough as to guarantee that this money will be there." I want to be
certain that you look for a way, an effective way by which you can check with
- the bank and tell us that at all times, at least we have $6,000,000 available
in the fund balance. What way are you going to use? I'm not sure. You look
for a way, because up to this point, you cannot give us a specific number, but
I want to be sure no matter what that we have a way by which you tell us that
at all times we are going to save at least the six and we will increase that
to ten.
Mayor Suarez: I think...
Dr. Alonso: And this City of Miami needs to do that.
Mayor Suarez: That's the consensus and by the way, there has got to be a way
to do it, Carlos, because I for example, noted that San Francisco, prior to
the earthquake, had a $12,000,000 emergency fund, there has got to be a way
you can always be sure that you will not go...
Mr. Garcia: I agree with you 100 percent, I think it is a great...
Mayor Suarez: Thank you, thank you, I'm glad you agree.
Mr. Dawkins: Call the roll.
Mayor Suarez: All right, we have a motion and a
second, we've read the
ordinance, please call the roll.
Mr. Fernandez: The ordinance has not been read.
`aa
= Dr. Alonso: No, you will.
Mayor Suarez: I'm sorry, read the ordinance.
Ms. Hirai: We don't have a motion.
_— Mr. De Yurre: Is that with the addition of the minimum $1,000,000 a year?
Mayor Suarez: Yes, yes.
Dr. Alonso: He will add the six million minimum.
al
Mayor Suarez: Yes, with the addition that... so that we understand it, Mr.
City Attorney, that, and I guess it will be in exact
legal forth in the second
s
_
reading, hopefully it will be sufficiently exact in
this reading so that it
will be a valid reading, that it is the intention of
this Commission to go up
to $10,000,000 and that each fiscal year we will at
least add a million to
- that figure, up until we reach ten.
r
Mr. De Yurre: To reach the ten, plus keeping the
interest earned by that
n 1'
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fund...
Mr. Dawkinst In the fund. ;<*
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Mr. Plummer: Which will be in effect, $2,000,000.
4r
Mr. De Yurre: ... in the reserve fund, on top of the $1,000,000 mini..
r
ISO ber a
1
Mayor Suarez: t guess we got... if you are going to throw that rider in then,
- we have to start calculating from a beginning, from the effective data of the
ordinance, the interest that would be accumulated by a minimum of $6,000,000
and always at least have that much in the account. I don't know that that
makes all that much sense, but...
Mr. De Yurre: That's right. Well, whatever it is, they can figure it out,
they got accountants here in the City.
Mayor Suarez: Yes.
Mr. Fernandez: Well, I would like for the record to reflect those comments
and rewriting the title of the ordinance that I am about to read, keeping in
mind that this is first reading. By the time come back to second reading, it
will incorporate all of the ideas more accurately in the title, but right now
it reads:
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. De Yurre: And to that then you're adding...
Mr. Plummer: You changed that which I have in front of me.
Mr. Fernandez: Yes, I changed that to reflect some of the comments that you
were making as you were making, although not totally, because I did not
incorporate the earning of interest. I did not incorporate the concept of the
segregated account, I did not incorporate many of those ideas which are part
of the record...
Mr. Plummer: But you reduced the minimum of ten to six.
Mr. Fernandez: Yes, because I was instructed by one of your internal motions
that you want this to read immediately today on first reading an amount not to
be less than $6,000,000.
Mr. Plummer: OK, then let me ask one question. How soon will that separate
account be set up and that $6,000,000 be placed in it?
Mr. Fernandez: Hopefully by the time we come back to you for second reading
all of those issues will be worked out with the Administration and yourselves
and the Legal Department so that on second and final reading, all of your
considerations could be finally voted in.
Mr. Plummer: OK. Y
Mayor Suarez: OK?
Mr. Plummer: So what we are in effect saying, it's to the Administration.
Start preparing because 60 days from today, we expect that fund to be
established with no less than $6,000,000 in it. Is that what we are saying by
virtue of this?
Mr. Fernandez:
That's what I understand you to say.
5 rj'Y.
OK. '
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Yes, absolutely. Call the roll.
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I want to tell you for the record, I prefer ten, but I'll settle'
We know what you prefer, I prefer twenty, call the roll.
;RIK
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157
11
7
AN ORDINANCE ENTITLED -
AN ORDINANCE< ESTABLISHING THE GOAL OF THE MIAMI CITY
COMMISSION OF MAINTAINING THE SEPTEMBER 30, 1989 FUND
BALANCE OF THE GENERAL FUND IN AN AMOUNT WHICH COULD
NOT BE LESS THAN $6,000,000 BUT COULD BE MORE
DEPENDING ON THE FINAL ACCOUNTING STATEMENT FOR FISCAL
YEAR ENDING SEPTEMBER 30, 1989 AND REQUIRING THAT A
SEPARATE ACCOUNT BE ESTABLISHED IN WHICH SAID FUND
BALANCE IS TO BE DEPOSITED ALONG WITH ANY INTEREST
EARNED BY THE FUNDS IN THE ACCOUNT; FURTHER INCREASING
FUTURE YEAR ENDING FUND BALANCES IN THE ACCOUNT BY A
MINIMUM OF $1,000,000 PER FISCAL YEAR FOR THE NEXT
FOUR YEARS, WITH THE MINIMUM BALANCE IN THE ACCOUNT
INCREASING TO A MINIMUM OF $10,000,000 BY THE END OF
SUCH TERM; FURTHER INSTRUCTING THE CITY MANAGER TO
TAKE THE NECESSARY ACTIONS TO ACHIEVE SAID GOAL;
FURTHER PROVIDING THAT THE SAID MONIES IN SAID ACCOUNT
SHALL NOT BE THE SUBJECT OF APPROPRIATIONS UNLESS
THERE IS A FAVORABLE VOTE OF 4/5TH OF THE CITY
COMMISSION; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Alonso and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: You betchal
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.
41. BRIEF COMMENTS BY COMMISSIONER DAWKINS RECOGNIZING CITY OFFICIALS FROM
NEW ORLEANS AND STATE OF LOUISIANA.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: As you all know, we have the Black Elected Officials from the
United States of America here in Miami and we have sitting with 'us
Representative Melvin Irwin. Will you come down? - and Representative Sherman
N. Copeland. Representative Irwin is from Gonzales, Louisiana. Come on down
to the mike, please, sir. And Representative Sherman Copeland, Jr. is from
New Orleans. We welcome you and if you have anything to say about, we'd like
a word from you.
Unidentified Speaker: All I can say, it is indeed a pleasure to be in Miami
and indeed it's a pleasure to be here sharing with you all today your council
meeting and I can see that we all share the same problems, makes no difference
where we are, we go through the same thing, and I am happy to be here. Th 4k
you very much.
Mayor Suarez: Thank you, Representative.
Mr, Plummer: The bottom linel
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(APPLAUSE)
Mayor Suarers If either of you have any suggestions, procedurally on how to
better run these meetings, please let me know, I'm grasping for any ideas.
Yes.
Unidentified Speaker No. 2: Commissioners and Mr. Mayor and to my good friend
Art Toole and all members of the council, I share with my colleague, it is
interesting to observe that no matter where you go in America, everybody has
fiscal problems. As I watch the proceedings I told , I said, well, I
can tell who is who and how to votes are stacking up. I want to congratulate
you and I want to let you know I have a commitment to Miami. I've spent a lot
of money while I am here. I have a nice young lady with me. She's spending
money, we're spending tax dollars. And you all reciprocate, come back to
Louisiana, have some gumbo, come down with us and have a good time. Thank
you. (APPLAUSE)
Mayor Suarez: Let me correct you and say that not all of us have money
problems. You are going to hear from an attorney in a law firm pretty soon
and you'll see from the way he's dressed that he is doing a lot better than
some of the rest of us.
42. BRIEFLY DISCUSS AND DEFER TO DECEMBER 14TH MEETING PROPOSED EXECUTION OF
_ AGREEMENT WITH METROPOLITAN DADE COUNTY, CITY OF MIAMI BEACH, AND
_— VILLAGE OF BAL HARBOR TO AMEND INTERLOCAL AGREEMENT WITH THE GREATER
MIAMI CONVENTION AND VISITORS BUREAU, INC.
Mayor Suarez: Item 25, I think in fact that is the onet
Mr. Al Cardenas: Yes, Mr. Mayor and members of the board, as you may know, my
name is Al Cardenas and I am here representing the Greater Miami Convention
and Visitor's Bureau regarding the proposed interlocal agreement. I believe in
having members of the bureau and Mr. Kirkland and attorneys from my office, in
speaking with staff of Commissioner Alonso's office today, we found that there
was a lot of territory that we needed to cover that we had no covered with
her, including some of the technical parts of the agreement including
staffing, membership in the board, and things that were of concern to her and
the City of Miami, and I'd like, as a courtesy to her, let you know that the
suggestions that she tendered through her office staff to us about possibly
requesting a deferral, are perfectly acceptable to us, and...
Mr. Plummer: Boy, are you getting smart in your old age.
Mr. Cardenas: Yes, well , it's a...
Mayor Suarez: That's very nice that she tenders suggestions to you guys. She
throws proposals at us, you know, so...
Mr. Cardenas: Yes, well, I like to phrase it as gently as I can and...
Mayor Suarez: Yes, you always do, you always do. What are we doing on this
Y`
item then? Are you saying with all of that rigmarole, that we're postponing
consideration?
"
Mr. Cardenas: I believe that 15 days was an appropriate time period foac the
;rr;
Commissioner.
Dr. Alonso: Yes,
s "S
Mayor Suarez: Very good. OK...
k�
Mr. Plummers
Al Cardenas knows when he's looking at a defeat.
y
Mayor Suarez:
When he's in a little trouble, All
right, do wo need a no, 94
or anything or can we just bring the item up again,
Xr, City Atto ►oyP
Hr. - Plu+as;
I think you have to defer it.;k
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Mr. Fernandez: That's what I understand him to be doing, asking for it to be
continued, right?
Mr. Plummert Right.
Mr. Cardenas: Yes, air.
Mr. Fernandez: go, that's...
Dr. Alonso: Yes, I...
Mayor Suarez: We may as well so that it be clearly on publication that we're
reconsidering the same item.
Mr. Plummer: I'll move that it be deferred to the meeting of the 14th of
December.
Mr. Fernandez: Correct.
Mayor Suarez: So moved.
Mr. Dawkins: I'll second and under discussion, I'd like to know why Skippy
Shepard was kicked off the advisory board when he returned.
Mr. Plummer: He was what?
Mr. Dawkins: Kicked off. He's no longer a member of the board.
Mr. Plummer: Why?
Mayor Suarez: Or the executive committee or...
Mr. Dawkins:
I don't know. I'd like for them to
tell me when they come back
with this.
— :
Mayor Suarez:
All right.
Mr. Plummer:
Was he there as our designee?
Mr. Dawkins:
I don't... yes...
V
Mr. Plummer:
Well, wait...
Mayor Suarez:
No, our designated member is Commissioner Dawkins on the City -
on the board.
Mr. Plummer:
Oh.
Mayor Suarez:
But I think he was on the executive
committee. 1
Mr. Dawkins:
He was on the executive committee.
}
Mr. Fernandez:
Twenty-five.
'
Mayor Suarez:
He was on the executive committee.
f
Mr. Dawkins:
I'm just a board member, he was up there where they make the"��
decisions.
:
Mr. Plummery
The big boys.��
tic^
Mr. Dawkins:
Yea.
-
y
Mayor Suarez:
All right, let's make sure you gat
the inform4ion.
y°.
Mr. Cardenas:
I will jot that down, Commissioner,
a►nd let them know t#�►� i#At f `
heads to be discussed, ,.
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Vs
yor Suarez.; And, obviously, there's * as con eras, �tl�ttys tit r` f
composition of apt only the board, but the o"autivo,
rs = gt senta<tivd of this community* =
i
Mayor Suarez: Call the roll on the motion.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND
SECONDED BY COMMISSIONER DAWKINS, ITEM 25 WAS DEFERRED
TO THE COMMISSION MEETING OF DECEMBER 14, 1989 BY THE
FOLLOWING VOTE:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Millar Dawkins
Vice Mayor Victor De Yurre
- Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Cardenas: Thanks.
43. QUALIFY DEVELOPMENT TEAMS AND AUTHORIZE ISSUANCE OF RFP FOR DEVELOPMENT
OF THE FEDERAL LAW ENFORCEMENT BUILDING. (Note: Qualified were: Miami
Capital Facilities Ltd., Miami Development Group, Inc., Miami Justice
Center Associates, Inc., Miami-Maintrust Development J.V., and THREE TM
Ltd.)
Mayor Suarez: Item 28, qualifying development teams of Miami Capital
facilities LTD, Miami Development Group.
Mr. Plummer:
What happened?
Mayor Suarez:
I've been instructed by - that
we've done everything up to 28.
If not...
Mr. Plummer:
Oh, OK, yes, the others we've...
4
Mayor. Suarez:
OK...
Mr. Dawkins:
I'm sorry, go ahead, Mr. Mayor.
Mayer Suarez:
Twenty-eight. Herb.
,t
Mr. Dawkins:
Move it.
Mayor Suarez:
Moved.
(
Mr. Plummer:
But, wait a minute, what is it?
=*
Mr. Herb Bailey: That's the GSA Building.t4
F W Ii Sf,
Mr.-Odio:
The GSA Building. x
Mr.
Plumss►ers
And what's happening with the GSA Building?
Mr.
Dawkinss
We're qualifying the development teams. Who can... we accept `` A
RFP,
a bid on
it.
,
Mr.
Plummers.
And who in the development team?
Mr.
Dawktua:
They got five of them here.
Mr.
Baileys
The five teases that you have qualified arse listed on, pa;d,,. r�
Mrs
Odios It
is Miami Capital Facilities, 1.td....
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Mr. Odio: Miami Development Group...
Mr. Plummer: Page what?
Mr. Baileys On page two of your packet, the Manager is calling these out.
It's Miami Capital Facilities....
Mr. Odio: Miami Capital Facilities, Ltd., Miami Development Group, Inc.,
Miami Justice Center Associates, Inc., Miami Main Trust Development JV and
_ Three TH Ltd., in accordance with the requirements set forth by the U.S. and
the RFP.
Mr. Jorge Fernandez: REQ.
Mr. Odios RFQ, I'm sorry.
Mr. Plummer: And this has been approved by the federal government?
Mr. Odio: It has.
Mr. Bailey: It has. I have a letter here to that effect.
Mr. Plummer: I'll move it. I'm sorry, I second it.
Mr. Da*.,Jns: I second it, no problem.
Mayor Suarez: OK, moved and seconded. Any discussion? If not, please call
the roll.
Mr. Plummer: Let me ask this question. Who makes up the team that will do
the evaluation?
Mr.
Baileys The Manager will select a technical review
committee that will be
comprised of GSA and the City.
Mr.
Odio: We will bring it to them.
Mr.
Bailey: We'll bring it back here once we make the selection, yes.
—
Mr.
Plummer: And how many members of that committee?
Mr.
Dawkins: Five.
Mr.
Bailey: We have five here, GSA...
?
Mr.
Odio: There should not be more than five people.
Mr.
Bailey: ...yes, one, two, three, four - is five.
You know, there's five_'
committee members.
Mr.
Plummer: OK and are these people that are going to
be in-house?
,aP
Mr.
Bailey: In house and from GSA, yes.
r
Mr.
Plummer: Now, wait a minute. Are you telling
me that of the five'
members, there's not going to be someone of the private
sector? 4d
tti
Mr.
Odio: We were not planning...
Mr.
Bailey: No one from the private sector, no.
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Mr.
Plummer: Oh, I think it is a must that you must
have somebody from t#s.-
private sector on that committee.
�.
Mr.
Dawkins Why?°
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Mr.
Plummer: And I, in no way, am trying to ns, anyono, ! -
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Mr.
Dawkins: What?
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Mayor Suaroat I don't know, 1''vs miwBys wonder#A at wt
tl*t.
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Mr. Bailey: lie can select one, recommend one.
Mr. Plummer: You can recommend one and as far as I'm concerned, but I think
that you've got to have someone...
Mr. Odio: That is not listed in one of these groups.
Mr. Plummer: Well, of course, that goes without saying. p
Mr. Odio: Iverybody's listed on this group.
Mr. Plummer: OK, but what I'm saying to you is, that I think we gat a
different perspective...
Mr. Bailey: We understand.
Mr. Plummer: ...when you get someone from the private sector who is profit
oriented as well as you get a perspective of difference between the City and
the government.
Mr. Bailey: We'll recommend someone.
Mr. Plummer: OK. Then that committee will then recommend to this Commission
for final action.
Mr. Bailey: The Manager will recommend to this Commission for final action.
Mr. Plummer: But he's not bound by that committee.
Mr. Odio: No.
Mr. Bailey: No.
Mr. Plummer: OK.
Mr. Fernandes: A point of reference, Mr. Mayor. I think that we need to look
at the title of that resolution and, Mr. Bailey, we should change the dates on
which we expect the RFP to go out so that the resolution reads correctly.
Mr. Bailey: It will be changed to December the 6th.
Mr. Fernandez: OK.
Mayor Suarez: Yes, yes, yes. All of the fine points will be taken care of
and so that we're all in agreement in doing the correct thing here, formally.-
- We have a motion on this item and a second, Madam City Clerk? s
He. Hirai: Yes, sir.
Mr. Plummer: So move. I moved it, I thought.'
!Mayor Suarez: If there's no further discussion...
Ms. Hirai: Yes, air, yes, air.
Mayor Suarez: If there's no further discussion, please call the roll. 3,
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The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-1060
A RESOLUTION, WITH ATTACHMENTS, QUALIFYING THE
DEVELOPMENT TEAMS OF MIAMI CAPITAL FACILITIES, LTD.,
MIAMI DEVELOPMENT GROUP, INC., MIAMI JUSTICE CENTER
ASSOCIATES, INC., MIAMI-MAINTRUST DEVELOPMENT, J.V.,
AND T3M LTD., IN ACCORDANCE WITH THE REQUIREMENTS SET
FORTH IN THE REQUEST FOR QUALIFICATIONS ISSUED JUNE
12, 1988, FOR THE DEVELOPMENT OF THE FEDERAL LAW
ENFORCEMENT BUILDING; FURTHER AUTHORIZING THE ISSUANCE
OF A REQUEST FOR PROPOSALS (RFP) ON DECEMBER 6, 1989,
IN SUBSTANTIALLY THE FORM ATTACHED, FOR PROJECT DESIGN
AND COST OF THE FEDERAL LAW ENFORCEMENT BUILDING, SAID
RFP ISSUANCE SOLELY LIMITED TO THE FIVE HEREIN
QUALIFIED DEVELOPMENT TEAMS.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
-
NOES: None.
ABSENT: None.
44. (A) REJECT ALL BIDS RECEIVED CONCERNING PROVISION OF BANKING
SERVICES TO THE CITY - DIRECT ADMINISTRATION TO
READVERTISE/RECommCE ENTIRE PROCESS - REQUEST MANAGER TO
RECOMMEND NEW AND CLEARLY DEFINED POINT SYSTEM FOR RATING 'BANKS.
(B) EXTEND ONGOING CITY CONTRACT WITH SOUTHEAST BANK FOR BANKING
SERVICES FOR SIX MORE MONTHS.
Mr. Dawkins: We have two Commissioners who must excuse themselves,' so that
leaves three of us. So we now will hear item 29.
Dr. Alonso: Mr. Chairman, I have a statement and a request- in reference to
`
this item that I'd like to read. Just prior to my election,' a committee maei
created by this Commission and charged with the responsibility of recommending,
p
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a banking institution which would be the most capable of providing outstanding
r.
general banking services to the City in the most economical manner. The
f
committee was to make its recommendation from among the institutions that th
responded to the City's request for proposals. It is fact that some issues
had been raised concerning the selection which gave the perception,
perceptions that are detrimental to the best interests of this Commission and
the City. Therefore, in order to neutralize this unfortunate perception, I
t
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would like to move to have the request for proposals reissued in connection
x'
with this matter and have the selection process - begin anew. = It this"';
Commission agrees with the, I'm proposing that sty motion will tuclude
,
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instructions to the Manager that will provide for a two-step bid
evaluation process. First, a subjective -evaluation of ,a point 'system and,
secondly, an objective evaluation that in based solely on the economic aspects'
of the proposal. With regard to thin objective evaluation, I believe that all
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proposals invited to the second step of the process should be roguired to
ri t.
commit affirmative to the City :minority procurement ordinance sad{.:$hall
provide evidence for compliance with the City's minority procu n
L ti
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ord nance, including the banks affirmative action plan and omploy ►tt.
statistic, shau comply with the Federal Comm i.ty $sinvesw1wat Act.,
documentation of type of iaysatmeat in low income areas and 4411 skit t
ibn
rid �:.; 4l'a,Rr"4`�. `4•
evidence of past participation in City sponsored projects. The second step
will require sealed bids on the economic elements of the proposals. The
proposals will be evaluated and weighed. However, I believe that the most
important and the most weight consideration should be specifically commitments
made to the residents and taxpayers of the City of Miami in the various census
tracts with the City has a high economic priority such as Little Havana,
Overtown, Little Haiti, etcetera. I believe that the prospective test and
commitment is more important to the future of Miami than merely looking in the
past record. Finally, I note that I am the only female on the Commission, and
_ this is significant that the voters and taxpayers are open to particular
minorities and women in elective office. I believe that whatever bank has our
account must make an affirmative commitment that the board of the bank will be
responsive to the taxpayers of the City, specifically Anglos, Latins, and
Slacks and just as significant female participation on the board of the bank.
At your convenience at the appropriate time, I would like to move the
rejection of all bids and readvertise the City banking facility for a three
year peri ..
Mr. Plummer: The problem... let me try to sort out the problems here. Number
one, I think that the redu... Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Plummer: ...did we not reduce it even to whoever the awardee was to one
year?
Mr. Odio: No, it's two years.
Mr. Plummer: Well, it was for two years.
Mr. Odio: ...for three.
Mr. Plummer: I thought we reduced it down.
Mr. Odio: Down, to three years, I'm sorry.
Mr. Plummer: All right. How long would the bidding procedure take to go
through this process again? See, I'm not sure the Commissioner is aware that
we've...
Mr. Odio: I would say conservatively, four months. It could be as high as
sixty if... we need to do proper advertising, give time for the people to
reply to the RFPs, in time to analyze it and then bring it back to the
Commission.
Mr. Plummer: OK, now, one other question I've got. This that we haveF°
=
presently before us was basically, Carlos, if I'm not mistaken, on a
competitive basis, and now two or three of those companies have exposed their
_
hands. Well, at least anyone that bidded.
Mr. Carlos Garcia: Right, they gave us quotations and that was an integral
_
part of selection process. I think the pricing accounted like for 50 percent
of the total points given to each bank.
Mr. Plummer: Well, is it fair to those two banks who have now exposed their
hand, is it taking the competitiveness out of it? In fairness to these two?
Dr. Alonso: The process has been...
_
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—
Mr. Plummer: Profits minimum.
Dr. Alonso: ...done in a way most of the people appointed were not present,
the system that was carried on has presented some - really some reaction In
the general public as to the validity of the entire process and I think for
t
the sake of the City of Miami, I think that we should really start all over,
-
Mr. Plummer: Did you make that in the form of a motion?
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Dr. Alonso: I did when I - I already did, you, to start all over Again.
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Mr. Dawkins: What's the motion, Madam Clerk?
Me. Hirai: To reject all the bids and begin the process again.
Dr. Alonso: Yes.
Mr. Plummer: Scrub and start. Mr. Manager, your opinion, please. You're the
Manager. You don't speak English? I sometimes wonder about that.
Mr. Odio: Well, it is the opinion of a Commissioner that...
Mr. Plummer: I'm sure you don't speak Spanish, but go ahead.
Mr. Odio: Span -English. I feel certain that a Commissioner has the right to
have certain doubts about the process before, since she was not here. I have
to respect her opinion of that. It's up to you really to decide whether we
should start all over again. I... if that's the way she feels about it.
Dr. Alonso: Mr. Manager, are you satisfied with the point system as it was
used?
Mr. Plummer: Are you Miriam, are you saying that you want to change the
point system?
Dr. Alonso: Bell, I made the suggestion as to what are the two steps that I
think they should be taken into account.
Mr. Odio: I received a memo from the Mayor yesterday where he has some
concerns about the points, or the way the points were awarded. I don't havo
it here with me. I don't know if he...
Dr.
Alonso: Basically, I think they are very similar to mine.
_ Mr.
Odic: ...why he couldn't be here: now since...
—_ Mr.
Dawkins: Well, how can the Mayor write a memo about it and he can't
discuss it here? I mean...
- t Mr.
Odio: Oh, here's the memo...
Mr.
Dawkins: I mean, no, no, I need to... I want to ask the City Attorney.
Mr.
Fernandez: Yes, sir.
— Mr.
Dawkins: If the Mayor can write a memo about this, then he can sit here
= and
vote on it, can't he?
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Mr.
Fernandez: No, now the Mayor - I have not seen the memo the Mayor wrote.
— But
if the Mayor can generically...
Mr.
Plummer: OK.
Mr.
Fernandez: ...opine or give ideas as to general issues and policies, Lem
pretty sure - and, again, -I have not read the memo, but it was not content
specific as to any given bank with which he may have a conflict.
S
Mr.
Dawkins: So, the Mayor is correct. He did not violate any...
— Mr.
Fernandez: No. Correct.
Mr.
Dawkins: ...conflict of interest laws or anything with the now.
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Mr.
Odio: No, it was total...
- Mr.
Dawkins: OK, I just...
_
Mr.
Fernandez: So long as be addresses general policy type of issues.
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Mr.
Dawkins: I just wanted to put
that in the record, 4 r
Mr.
Fernandez: Correct,
Dr.
Alonso: A, Mr. Manager+ that
is your opinion on this c".? '
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Mr. Plummert Go ahead, Solomon, let me hear your wisdom.
Mr. Odiot I have none. Again, it's a matter of, in this case, a commissioner
that feels that...
Mir. Plummert You know, if we hadn't been...
Mr. Odiot ...she would feel better...
Dr. Alonso: I have to say that I was not represented. I don't think that the
full group of people appointed by this Commission were present and
represented. Also, I feel that so many things have tainted the process that
it is my understanding that we should start all over again and do it right.
But, of course, I have to have the support of my colleagues.
Mr. Plummert You know, Miriam, if I hadn't have spent the time to go through
this damn book and another one just like it to try to come to a conclusion for
today...
Dr. Alonso: That helps you for next time. Mother said it would never be
easy.
Mr. Odiot We have recommended this item twice. Once it came to us and it was
sent back for review of further information and now it came back again from
the selection committee. But your concern goes deeper than just what we're
recommending here, so...
Mr. Plummer: No, I understand that and that's...
Mr. Odiot ...so I have to stand by this recommendation.
Mr. Dawkins: It took you a long time to get there.
Mr. Plummer: Huh?
Mr. Odio: Well, because it's hard to - I understand what her concerns are.
At the same time, we had a procedure in place before.
-
Mr. Plummer: Yes, but you know, I go back to the "lone wolf in the forest,"
the lone voice and it's so nice to hear another one. I can't do anything but
vote with the motion. I got to be honest with you, if there's any, any
question, and this is not a detriment to the two that have been qualified to
this extent, but the Commissioner has raised the question of impropriety, and
I think that as long as that has been raised, it's got to be addressed and
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answered.
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UNIDENTIFIED SPEAKER: Thank you.
Mr. Plummer: As such, I cannot do anything but support her in her motion and
I am sure that she will try to correct those inequities that exist so that
this would not happen in the new process. But there is now another problem,
Mr. Manager, and if that's a motion, I second it.
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Dr. Alonso: Yes.
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Mr. Dawkins: Any further discussion on the motion?
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Mr. Odio: Is that a majority?
Mr. Fernandezt Yes.
Mr. Plummer: Yes, under the new ruling of the City Attorney that I nay is ,
going to come back to haunt him, two is a majority.,
Mr. Fernandez: That's right. In this case it certainly is and two of you`;: F�
carry the day. ~
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—` or. Plummers Well... 4 -
Mr. Odios gut abet I need to do is I mead to estee►d.
Or, Plum r: Too have to extend.. ,
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Mr. Odio: ...lockbox and the account.
Mr. Plummer, OK, but now, will Southeast Bank agree to extend that period of
time; and my second question is, Mr. Manager, is there any way to return
sanity that you possibly can cut down from the four months?
Mr. Odio: There's no way. You need the time to advertise, the time for
replying and apply for a selection...
Mr. Plummer: OK, I'm just asking if it was possible.
Mr. Odio: I don't believe so.
Mr. Dawkins: Commissioner Plummer, I wouldn't advise cutting it to four
months. Commissioner Alonso has raised a question that there arm gray areas,
and I wouldn't want us to cut it short so that they could say, well, we could
have addressed the issues that she's wants addressed, because we didn't have
time.
Mr. Plummer: OK, OK, I'm just, you know, I'm just to try to get back to a
standard. All right, now, the next question, the makeup of the committee
that's going to do the evaluation.
Mr. Odio: The committee was appointed by the City Commission...
Mr. Plummer: OK, but Mr....
Mr. Odio: ...and I guess one - each one of you would have to reappoint
someone or appoint someone to that committee.
Mr. Plummer: Well, but here again, I think one of the questions that...
Mr. Odio: We need to bring that item...
Mr. Plummer: ...it in the air, OK? Of two appointments to that committee
were from people who had to recluse themselves.
Mr. Fernandez: No, but let me clarify that point, there's...
Mr. Plummer: Wait a minute, Jorge, what do you mean no?
Mr. Fernandez: OK.
Mr. Plummer: That is a question that has come up.
Mr. Fernandez: Let me answer it.
Mr. Plummer: OK.
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Mr. Fernandez: I have the answer. The answer to that question is that, the k"{
moment that the RFP goes out and that the committee is made up, 'there's no one Y
that can predict who will be the proposers, who would be responding. And noE`- .
until we.have a response pool of four or five banks, six, seven, tea - howe4er`-0
many of them respond, none of you five up there would know whether any.of you d�
have any conflict or not, and the appointing of the committee member takes
place way before the proposers are identified.
Mr. Odio: Wait, wait, wait, I have a question then. The prior_comtaittee thA
Mayor had an appointment and Vice Mayor De Yurre had an appointment, soybow 4�
you say about a conflict of interest? 3 *�
Mr. Fernandez: Correct."
Mr. Plummers That's the point I'm trying to make.i
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Mr, Fernandez: Because at the time that they made those a ppoiutionts, tljy
did not know that their bank clients were
going to be proposers or rpepQasli �h#
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Mr. Plummer: And they don't know that oil the renewal,
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Mr. Fernandez: And they don't know that on the renewal, that's why it would
be my opinion that they, as members of this Commission, they have an
obligation to participate in approving the RFP, when it comes back to you
again, and then you name a committee. If, however, once the proposals are in,
they need - the members that have been appointed, the question of conflict
needs to be applied to each of the individual members appointed to that
committee.
Mr. Plummer: Who was my appointment to that committee?
Mr. Odio: Howard Gary.
Mr. Plummer: And I definitely will appoint him again if he will serve. He
might be fed up with it as we all are.
Mr. Odio: No, I need to ask a question at this point. We have an RFP, the
one that went out before. Do you want me to bring that back up for discussion
again?
Mr. Plummer: Well, she's questioning the point system.
Mr. Odio: Or do you want me to change the - so we need to get together...
Mr. Dawkins: That's why it's going to take about six months.
Mr. Odio: Oh, yeah.
Mr. Dawkins: You got to get together with the instrument you're going to put
out before we put it out.
UNIDENTIFIED SPEAKER: Be happy with four months, Miller.
Dr. Alonso: January?
UNIDENTIFIED SPEAKER: Can't do it in four months.
Mr. Odio: Need an extension of the lockbox account and the regular account on
Southeast Banks.
Mr. Dawkins: No, first we need to pass the motion.
Mr. Odio: OK.
Mr. Dawkins: OK, any further discussion? Call the roll, Madam Clerk.
Al
Mr. Plummer: Well, OK, I'm going to vote for "as read", but I need to know -
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I think we all need to know - is how we're going to straighten out this
inequity in the point system, because I'm not voting here that I agree that
whatever is proposed is a proper procedure. What I'm saying here is, is that>
we start from scratch and that the Manager will come back to this Commission
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with a clear, defined point system...
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Mr. Fernandez: Correct.
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Mr. Plummer: OK?
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Mr,' -Dawkins: Well, I'd like to add that my confusion is that there is not a'
standard procedure. In this RFP, the one who gets the most points win and
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then you give me another RFP next time and the one with the lowest points win.
`
So I.never know what you're doing, and you really need to give as a standard`
_
procedure, where either all low people win, or all high people win.
Mr. Odioe We do have a standard - we now have a standard operating procedure-
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for....
Mr. Dawkins: What is it now?
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v it it's a wholes book. I gill be lad. to g1V*-%: it. ,
Mr. Odio� I hs e � g
fir. Dawkit�ss Well, how is the winner chosen?~
109
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Mr. Odio: I don't remember.
Mr. Dawkins: With the one with the least amount of points, or the one with
the most amount of points?
Mr. Odio: I don't remember.
Mr. Plummer: It depends on how much is in the trust fund balance.
Mr. Odio: I don't remember. I understand, but I'll be glad... we'll come
back to each one of you and then bring back the RFP next meeting.
Mr. Dawkins: Any further discussion? Madam Clerk, call the roll, please.
The following motion was introduced by Commissioner Alonso, who moved
its adoption:
MOTION NO. 89-1061
A MOTION REJECTING ALL OF THE BIDS RECEIVED IN
CONNECTION WITH PROVISION OF BANKING SERVICES FOR A
THREE YEAR PERIOD; FURTHER DIRECTING THE
ADMINISTRATION TO BEGIN THE ENTIRE PROCESS AGAIN AND
TO READVERTISE SAME; AND FURTHER REQUESTING THAT THE
CITY MANAGER COME BACK TO THE COMMISSION WITH A
CLEARLY DEFINED POINT SYSTEM FOR THE RATING OF THE
BANKS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
NOES: None.
ABSTENTIONS: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
UNIDENTIFIED SPEAKER: Thank you, Commissioners.
Mr. Dawkins: Now, address your issue, J.L. x
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Mr. Plummer: Well, my issue is extending the thing until chat? -June 1st? � 4,
Mr. Odio: ...for six months so that we...
Mr. Plummer: Well, that would be June lot? I'll so move that - assuming that`
Southeast is agreeable...'W
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Mr. Carlos Garcia: Including the lockbox services.zc
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Mr. Plummer: Including the lockbox services, that which they're providing;
today, that, in fact, they are willing to do it under the same terms
conditions until June the let. I so move, you got to do it.
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Dr. Alonso: I second. K
14
Mr. Dawkins: Any further discussion? 6
Mr. Fernandes: June lot? f �
Mr. Plummer: Yes, nix months they asked for.
Mr. Dawkins: An further
Any discussion? Call the roll, 1i4dsm Clerk.
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The following motion was introduced by Commissioner P1usr, who
mowed its adoption:
MOTION NO. 89-1062
A MOTION AUTHORIZING THE CITY MANAGER TO EXTEND THE
PRESENTLY ONGOING CITY CONTRACT WITH SOUTHEAST BANK
FOR THE PROVISION OF BANKING SERVICES FOR SIX MORE
-
_ MONTHS, (INCLUDING LOCKBOX), TO DUNE 1, 1990.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following votes
AYES: Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
_
Commissioner J. L. Plummer, Jr.
NOES: None.
ABSTENTIONS: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: None.
- UNIDENTIFIED SPEAKER: Thank you, Commissioners.
NOTE FOR THE RECORD: At this point, Agenda item 31
;
was withdrawn.
45. BRIEF COMMENTS CONCERNING COLLECTIVE BARGAINING AGREEMENT WITH THE
SANITATION EMPLOYEES ASSOCIATION (Note: No action was taken.)
= Mr. Dawkins: Thirty.
Mr. Plummer: Somebody call the Mayor...
Mr. Fernandez: Thirty is already passed.
Mr.
Odio: We already passed it.
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Mr.
Dawkins: When did you all...? Thirty
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passed? OK, no problem. Thirty
one.
Mr.
Odio: Thirty...
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Mr.
Dawkins: Thirty one.
Mr.
Odio: Thirty-one we withdraw. Thirty-two we had some amendments made for
32,
Commissioner.
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Dr.
"Alonso: What happened to thirty?
Mr.
Plummer: It was already passed at the last meeting - oh, withdrawn. r
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Dr.,Alonso:
No, no. Withdrawn?
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Mr.
Dawkins: The Mayor and De Yurre.`
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Mr.
Fernandez: Thirty-one.
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Mr,
Odi.o: Thirty-one is withdrawn.
Mr.
Plummer: Thirty has been done.
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- Dr..
? What?
but ithIrt o. t #
-AI+�Bso e - yeti t. y. •
Mr. Plutfter: We did that at a special Commission Meeting.
Mayor Suarez: Just put into the record, Madam City Clerk, on the prior items,
a memorandum was meant to be totally proapective in its application, not in
any way related to the matter that you were handling before.
Mr. Plummer: I think$ Mr. Mayor....
Mayor Suarez: I thought the tone of it was pretty clear on that but maybe it
wasn't.
Mr. Plummer: For the record, I think the City Attorney was right cn point
that there was absolutely no conflict on your point. That those xrrr:,intments
were made prior to the RFP going out and were in order. You'd have been
derelict had you not done it.
Dr. Alonso: Can I make a comment on reference to item 307
Mayor Suarez: Yes, Commissioner Alonso. Item thirty.
Mr. Plummer: Sanitation.
Dr. Alonso: Yes, just for the record, and I'd like the City Manager to listen
to this. In reference to item thirty, I have agreed to vote in the four
percent salary increase, but I want to make very clear for the record that I'm
not going to go along with any increase of the fee; the rate for the solid
waste fee. I want to make it very clear on that on the record and I'd like
the City Manager to work in an efficient way to resolve any possibility that
might give the implication that we have to produce a fee increase due to the
four percent that we are approving.
Mr. Plummer: Was that a balance? Was that an offset?
Mr. Odio: Oh, any fee increases that I have to propose in the future on solid
waste, and I will have to, will not be related to this agreement, is related
to a bigger picture.
Dr. Alonso: Thank you.
Mr. Plummers The fund balance.
Mayor Suarez: OR, are we ready to vote on thirty then? It's recommended by
the Manager, obviously.
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Mr. Plummer: Which one?
Mr. Dawkins: I thought they said they voted on it.
Mayor Suarez: We did, all right. Could you reflect me as...
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Mr. Dawkins: No, did we vote on thirty?
Mr. Fernandez: Yes. a
( Mr. Odios Yes, sir, that was passed. „
Mayor Suarez. Did you reflect me, Madam City Clerk, as a positive vote on
! that? s,
Mr. Fernandez: The only thing that was pending were final comonte
Commissioner Alonso, and she just made them. Y
Dr. Aloaaos Yes.
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...-----.r_...—..ate__.,.___---_----_--_ _—...—... __--_�...�...���...r.au..:
46. DISCUSS AND DEFER TO DECEMBER 7TH MEETING PROPOSED RESOLUTION
AUTHORIZING THE MAYOR (AS CHAIRMAN OF THE BOARD) TO EXECUTE AN AGREEMENT
WITH wMOOD COMMUNITY ECONOMIC DEVELOPMENT CORPORATION (WCEDC) FOR `
PREPARATION OF A SAFE NEIGHBORHOOD IMPROVEMENT PLAN.
---------------•------- ----- ----
Mr. Odio: I think, Mr. Mayor, we're on 32.
Mr. Dawkins: What about thirty two?
Mr. Odio: I wanted to clarify that you would have the right to continue this
one. There had been some amendments made to this item just recently and that
you do not have in your package. So, if you...
Mr. Plummer: Do we have a budget for this $250,000? Where is the budget?
Mr. Odio: It's from the state's Safe Neighborhood Program grants.
Mr. Plummer: No, no, no, sir. Where is the budget? You're asking...
Mr. Dawkins: Where is Bill Rios?
Mr. Plummer: They're asking for $250,000 initially for a fee.
Mr. Dawkins: Where is Bill Rios?
Mr. Elbert Waters: Good afternoon. Commissioner Plummer, before I address
that, may I...
Mr. Plummer: No, no, you can just answer my question. Do we have a budget?
Mr. Waters:
Yes, sir, there is a budget...
Mr. Plummer:
No, no, do we have a budget?
-
Mr. Waters:
Yes, we have a budget.
Mr. Plummer:
And where is it?
Mr. Waters:
That budget was approved by this Commission
in June. It is not
in your package, it was in a previous package that...
Mr. Plummer:
Do you have a copy of it?
Mr. Waters:
No, sir, I do not.
Mr. Plummer:
Does anybody have a copy of it? Doesn't
it seem logical that if
you're asking us to approve this, that it would have been a part of this rr
package also?
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Mr. Waters:
Well, Mr....'
Mr. Plummer:
That some yo-yo like me might ask for it?
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Mr. Waters:
Yes, sir.
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Mr. Plummer:
You're asking this be continued anyhow?-
Wait 6 minute; let's
save:- maybe,
a lot of problems. Mr. Manager, you're
asking this item -;,to
continued?
Mr. Odios
No, I said, I wanted to clarify that,
there have been somf
amendments made
' that if you want to ` go ahead and vote
on it, but to be►was4
that there have been amendments made to it.
{{
Plummer:
OK, and all I want to know is, I want to
)cuow where the $25+0,4� fl
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fee, what it's
going to be used for?
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Mr. Waters:
Commissioaer. • , .
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Mr. Plummer: I had it before...
Mr. Waters: Yes.
Mr. Plummer: ...I want to see it again.
Mr. Waters: Commissioner Plummer, the $2500000 fee is spelled out in the
agreement, the Wynwood SKID agreement, the grant agreement...
Mr. Pluma►ers And where is that?
Mr. Waters: ...the task = it is attachment one in your document.
Mayor Suarez: This resolution authorizes only what portion of the two -fifty
to be paid out to the Wynwood Economic Development? Is it sixty-two five as I
read it on here?
Mr. Waters: Yes, sir. Mr. Mayor, if I may, please. In order to take action
on this particular item, if you recall, this Commission needs to adjourn as
the City Commission...
Mayor Suarez: Ahl
Mr. Waters: ...and convene as the Wynwood Safe Neighborhood Improvement
District.
THEREUPON, THE CITY COMMISSION, PURSUANT TO AUTHORITY
UNDER ORDINANCE 10406, IMPANELED ITSELF AS THE BOARD
OF DIRECTORS OF THE WYNW00D LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT, TO DEAL WITH THE
FOLLOWING ISSUE:
Mayor Suarez: Yes, procedurally, we need to do that. OK, as long as the
Commission seems inclined to actually act on this and Commissioner Piummer.!s
-
looking over some figures and maybe Commissioner De Yurre, let us now adjourn
in the capacity of a regular meeting of the City Commission and reconvene as
;
the Wynwood Economic Development...
-
Mr. Waters: No, Wynwood...
;
Mayor Suarez: No? As the...
xx
Mr. Waters: Excuse me, the Wynwood Safe Neighborhood Improvement District.
Mayor Suarez: The.Wynwood Safe Neighborhood Improvement District.
Joel..Maxwell, Esq.: Board of directors.
Mayor Suarez: Board of directors.
Mr. Maxwell: Of directors.
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Mayor Suarez: And we are so convened. OK, now that we wearing a differenti
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hat, doss every...
Mr, Plummer: OK, my question... :: let me just .use *us term' hot*: ► : e
P
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nineteen, the department agrees. Sixty-two thousand five hundred for tot
K
says is, the first task. Are they going to be bound by the now bidding:
procedures and advertising procedures that this City is?
1xD8N'fiFISD SPSAKBRs Law Department.
Mr. ]2#axwoll: No$ sir.
Mr, 'P r: Why sot?
k fir. Moss Tou mean from, subtract ag the sioatyl � -
�c
t
Mr. P1Ura 6r' For work, gill, in other words, if you're going to go out acid
hire a firm, you're using taxpayers' dollars...
Mr. Rios: If I subcontract, I will be using the same criteria as the City.
Mr. Plummer: No, no, no, that's not what I'm saying.
Mr. Rios: Oh.
Mr. Plummer: Who is - when you have a job to be done for $620500, what
procedures are you going to follow to select the firm to do that procedure?
Are you going to use the same procedures the City uses?
Mr. Rios: No, that's...
Mr. Waters: Commissioner Plummer, if I may address thatapplicants question,
t for
e wood
the
Economic Development Corporation and the City are joint
grant.
Mr. Plummer: Correct.
ndred
is
in
Mr. Waters: Ththato weas whatresult of sixty-two
task one that was tcompleted reflected
the
your document,
-i organization and transmitted to DCA...
Mr. Plummer: OK.
Mr. Waterss ...upon...
Mr. Plummer: Excuse me, you're missing my point. I've only picked on that
_
because it was number one. Let's use a different one, OK?
f
Mr. Waters: OK.
Mr. Plummer: A hundred and seven thousand, five hundred - I'm saying that.
=`r
this authority is going to be using outside consultants.
Mr. Rios: No. You've already contracted with me and the money comes to .us
every time we complete a task. Comes to the corporation.
is
Mr. Dawkins: Mr. Manager...
`-
Mr. Plummer: But, who is going to use the procedure of how the people are
�}
chosen to do the work?
h
Mr. Rios: There will be no consultants utilized on the contract.
-
May or Suarez: Well, why don't you just tell them that if they were a
consultant, that you would use the procedure, why not?
K°
Mr. Rios: Yes, we would...
Mayor Suarez: OK.
1
there is a consultant, we would use the procedure, definitely
Mr, Rios: ...if
80.
OK. But who - in other words, is - here is what ism i,osiag, 1lr fi
Mr•,plummet:
straighten me out. This -fie a_ business. �Th9s
_ °
Mayor, Maybe you can
is fired, what the scOP0 of work? We talk ag=
—
saq who is hired, who
two hundred, a quarter of a million dollars. - r
just in the initial, of
Mr. Winters: commissioner Plummer, if I may, An the Comnnasiepa.
5
M+�yar Suarez: Isn't "it, . , let me cut 'through a little bit, llbsrts i
X*J orit y of the money going to have to go to the ieas%bU t 1 s dy #
x x
r
trade gone?
�tr. Waters: They quay would knave to be utilized to, prpPUP t i �
' k }4.
0 pvMori QKj WhOIX 90in#�t-o 40 that2.
wQk
,e�'�wk_iicr .t-', .. ... .'r^ • .. .. ., .. _..� �_k+,. :"r1,5.�i�%��.,in3`
Mayor Suarez: And is that going to be performed by outside consultants, or by
the Economic Development Board itself?
Mr. Vaters: By the Economic Development Corporation itself.
Mr. Maxwell: ...as a consultant.
Mr. Plummer: And are they paid a fee for that?
Mr. Maxwell: Acting as consultant.
Mayor Suarea: Acting as consultant.
Mr. Plummer: But where's the money going to go?
Mr. Waters: To the Economic Development Corporation,
Mr. Plummer: But, are the board that do the study going to be paid for those z>
services? If not...
Mr. Waters: As a part of the grant agreement, they are, yes.
Mr. Plummer: That doesn't seem right to me. You're telling me that the
members of the board are going to be compensated?
Mr. Waters: Oh, no, no, I'm sorry, Commissioner. 'W
Mr. Rios: No, no, no, no.
Mayor Suarez: Who's going to do the technical work, Bill?
Mr. Waters: The organization...
Mayor Suarez: Wait, wait, let's clarify. Who's going to do the technical
Mork?
Mr. Rios: Point one. The contract for $250,000 goes to the Wynwood Community
Economic Development Corporation to develop this plan.
t
Mr. Plummer: OK.
=s
Mr. Rios: Every... r
Mayor Suarez: We're beyond that, Bill. Who's going to do the technical, work?
T
i
Mr. Rios: We will do all the technical work. That...
Mayor Suarez: We, meaning who, specifically? yi
Mr. Rios: We, the Wynwood Community Development Corporation: will, do,: all:; the sY
technical work.
t N .
Mayor Suarez: Who, specifically -individuals, we want names. �z
Mr. Rios: We were going to hire staff.
Mr. Plummer: See, that's the point I'm trying to .make. Are you going to.. -,be '
going through... R
Mayor Suarez: He's going to try to do it in-house, is what he's going to:_try r ;,
to do. c r -
s a +, a
Mr. Rios: It is going to be all done in-house. Whatever has to be coatri tgd'4L _
outside, Commissioner, will be contracted based on the criteria utiliBeri
the state. you knoll, you have. to have the bids; three bids, aald %I hey n�01► "�� z
bidder..etcetera# we will go through that procedurej. Very similar to
that the City, the criteria we will..,
yog Svytrsa: there will be at least an ecommic t+�asibiiit ast&lysla
yoW'ro not prepared to do yourself, Wouldn't It?
k
Or. Most $0# we're not SQU4 to do the tOOP .biltotmdyt" "
Mayor Suarers OK.
Mr. Rioas That would have to be a specialist who specializes in foreign trade
zones. We will do all the complementary...
Mayor Suarers OK, that will have to come to this Commission for approval
anyhow, because that's...
Mr. Waterss To this board, yes, sir.
Mr. Rios: No, no...
Mayor Suarers I'm sorry, to us, as a board.
Mr. Rioss Yes...
Mr. Waterss Yes, sir. This board makes the final decisions on all actions as
it relates to the district.
Mr. Plummer: They make all final decisions?
Mr. Waterss You.
Mr. Plummers The, this board.
Mr. Waters: This board.
Mayor Suarers We, siting as the...
Mr. Waters: As the board of directors.
Mr. Maxwells Mr. Mayor...
Mr. Plummer: Is it practical...
Mr. Rios: That's not right.
Mr. Plummer: ...that we can do with this board which we have done with
others, in any expenditure over $5,000, has to be approved before spent?
Mr:, Rios: That's not right. No, that is not correct, sir. You're £`
contracting me to produce a product, you want me to give you this. You're
saying, "Bill, I'll give you $250,000, you give me this." And this is what` +
you're going to get. You've already specified in the contract, based on DCA's- r`=
criteria, what I have to produce for you. You will give me $250,000. I will
give- you a product. That product is a plan for the development of the ,Safe t C"S
Neighborhood Improvement District. That has been budgeted, item for item, and'
;,. position for position. We've given you -coot of employees. We've given you
= fringe benefits, all detailed data, exactly where every penny is going to be 'fir
spent. We will contract out a consultant...
Mayor Suarez: Yes, I was going to say, except that there's probably a giobal.�
figure in there for the consultant that you need.
Mr. Rios: That's right. r _
n
Mayor Suarez: What amount is that?
Mr. Rios: Seventy-four thousand dollars._
Mayor Suarers And the selection of that consultant will be done by _what; wX
procedure?
Mr. Rios: The criteria will be. the similar as the arse used in, the °City.
t�iii get three -bids and the lowest bidder,
r�
bs t► voted today?
Isn't it just SIXt two fiver s # 4
_
Mayor Suarers have stated that? � How amh < of the twvo-Wilt9
imp
'' �ir'r AiQ�is ...qee• - L�rvs
x
177 �
2}`• Y � Via, ` 6 � ,.��.'.�
_00
Mr. Waters: Yes.
Mayor Suarez: So, it's start up, it's start up. We have to approve the rest
oft it:
Mr. Plummer: OK.
Mr, Waters: No...
Mayor Suarez: As - no? Clarify that.
Mr. Maxwells No, Mr. Mayor. The way the agreement is written right now and
this agreement is an amendment to the one in your packet. And it came before
you, and I think it's necessary that you understand what happened here.
These...
Mr. Plummer: Wait a minute. Do I understand you to say that this agreement
is different the one that I have in my pack?
Dr. Alonso: It is.
Mr. Maxwell: Yes, sir, it is.
_ Mr. Plummer: You know, somewhere - how in the hell do you expect me to sit
here and study what you send me? Then, come here today and tell me that's not
what I should have studied?
Mr. Maxwell: No, let me explain what you... why you have a different item
here and there are extenuating circumstances.
Mr. Rios: Your patience, Commissioner.
Mr. Maxwell: What happened was that the City submitted the agreement that's
In your packet pursuant to the SKID agreement that we have that you OK'd. back
— in June. The SNID agreement requires DCA review and approval. Of course, any
_ agreement that the City submits to DCA has to be OK'd by this body sitting as
the SNID board. =In the interim, because of the elections and the continuation
of this item, the DCA responded to the agreemmnt that was transmitted. Va.
- then had an opportunity to review that response and amend the agreement, based '
on.it. However, we did not have time to meet the five-day rule. Now there
are extenuating circumstances that I think that you all may be aware of that
make it. necessary. for_ this item to be heard today, and because of those
circumstances, we are asking you to take it up, review it.... r f
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Maxwell: That's correct. You, as the SNID, to take it up and review it.:
If there's no need for you to vote on the agreement in the packet now, because
it has been made a nullity by DCA action. You need to act on the amended: i !c � tL
agreement instead. *'
Mr. Plummer: But, how in the hell am I supposed to act on this what you Just t,5
handed me?
- Mr. Odioa Why don't you go ahead and continue this. That's why I warned you
z ,
upfront...
Mr. Plumm r: No, no, I'm saying, you know, Mr. Manager... �$
- r a
Mr, Odio: You're right...
Mr. Plummer: ...I spent a hell,of a,lot of -time reading.�t
you're right, I had sand at the beginningk br. Odio: Commissioner, Y B . up#�Q�at�
that there were many amendments that I felt that maybe you oblould
this; and I think ysau should.
,x
fir. :gioss CommLesioAsvp we $re repased Ito give, y.014as e ►
rr Mrs P�. rE hUt-, 1 doA't vvgn know .Mhat the. :;ha es. 19. f ` g 1,7
- 7
Mr. Odio: Fine, CoMissioner...
Mr. Rios: Staff can make a presentation relative to those changes,
Commissioner. If you would allow us. Time is our only concern only because
you have pressed me to ask the' state for $7,000,000 in capital improvements.
And if we don't present to the state a plan, a draft of that plan, with
sufficient time, we won't be able to - we will have wasted our effort to lobby
for the $70000,000.
Mr. Plummer: Bill, is one week going to make a difference?
Mr. Rios: Sir?
Mr. Plummer: Is one week going to make a difference?
Mr. Rios: Absolutely. We are already six months behind, sir. This should
have been done July 1, 1989.
Mayor Suarez: I guess if we're six months behind, one week won't make any
difference.
Mr. Rios: Well...
Mr. Plummer: Well...
Mr. Waters: For clarification, Mr. Mayor, while the contract stipulated that
,
this agreement be undertaken within those last six months, we are on record
and we have transmitted to DCA for an extension of the agreement. That was
done as an action that this board had taken back in June and, therefore, we
— are awaiting on the extension approval from DCA. We have received a word from
— our lobbyist that that extension is forthcoming. However, we have not
received that in writing.
Mayor Suarez: Yes, it gets a little risky because we got the planning grant
- in the session that just passed in May or June.
Mr. Rios: That's right.
Mayor Suarez: Why, if you need more time, nevertheless you have a right to
request it. I mean, it's...
Mr. Plummer: Mr. Mayor, I just don't think it's fair to ask...`
Mayor Suarez: All right, let's...
Mr. Plummer: ...any of us to vote on this which we've not even seen.
Mayor Suarez: Let's try to go for it December 7th, the best we could do,
Bill.
Mr. Rios: December 7th.
A
Mr. Plummer: I'm sorry, Bill...
Mayor Suarez: Because it's going to...
Mr,- Plummer: ...you can't ask me to vote on
� r
something I haven't read.F
Mayor Suarez: And make sure it is on the
agenda, Mr. Manager, and filbert, -
please, for December 7th.
Mr. Rios: I kidded you, Commissioner, don't
-
worry,
y
x
Mr, Plummer: I'm sorry.
; a
Mr. Rios: Thank you.t
i I
� y d
R
Mayor Suaroas We're going to have a pretty
packed ;agenda Poaombor 7th"r���.
-
right, do we need a motion to continue until
then? K �N
=H`
Mr. Pltar; Mow, lot me got frt�A1 the administratipn: `# tll�f g�
sots$ to r.vote Qn :4e bar Mahe - 7th
.;
Yy
�
t
y
u '..
Fit
Mr. haters:
Past Ootumissidher.
Mr. Plairt
No changes.
Mr. Waterst
No changes.
Mr, Maxwells
Unless they make them.
-
Mr. Plummer:
Huh?
Mr. Maxwell:
Unless you make them.
Mr. Plummer:
Oh, unless we make them. All right.
But we'll do them at this
table.
Mr. haters:
Yes, sir.
'
Mr. Plummer:
OK.
=
Mayor Suarez:
OK...
Mr. Rios: Thank you, Commissioner.
Mayor Suarez:
We have a motion and a second.
Mr. Plummer:
Second. To defer until December 7th.
Don't... �-
Ms. Hirai:
I'm sorry, I don't have a motion, Mr. Mayor.
Mr. Plummer:
Motion to defer.
Ms.''Hirai:
To defer, yes. You move it?
Mr. Plummer:
Fine.
s
Dr`Alonsoe
Second.
— -
Mayor Suarez: Seconded by Commissioner Alonso.
Any discussion? If not,
please call
the roll.
4
ON MOTION DULY MADE BY COMMISSIONER PLUMMER. AND
SECONDED BY COMMISSIONER ALONSO, THE
ABOVE -ITEM WAS £
DEFERRED TO THE COMMISSION MEETING
OF DECEMBER 7,
19890 BY THE FOLLOWING VOTE:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
�
CommissionerMillerDawkins
`
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
<3>'
`
NOBS:
None.
YF°
ABSENT:
Mons •
���
Mayor Suarez: Item 34.`
f P-
Mr. Dawkins: Move it.
_
Mayor Suarez: Accepting the completed work..,
�g
Mr.Waters:
Ma or...
Excuse me, excuse me, Mr. y
Mayor Sua<rea: Yes, Elbert, on the prior item.
Mr. Waters o
Sorry for the i.nterrs�gtioa. You nee d
to reecaweMe ee tiryfi1
uMm r_
The City COWL441041
Mey9r 5%*r,se3
,YON# Vie are DQM
S!f ail �
v } �'r` pF;�; Syr��3 •'»
Mayor Ruaret: ..Safe Neighborhood Advisory Board and now are back to being
the Miami City Commission.
Dr, Alonso: City commissioner.
Mayor Suarez: With all of our faults.
THEREUPON, THE CITY COMMISSION, IN ITS CAPACITY AS
BOARD OF DIRECTORS OF THE WYNWOOD LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT, PROCEEDED TO
ADJOURN CONSIDERATION OF THE HEREINABOVE ISSUE.
47. ACCEPT COMPLETED WORK: ALFRED LLOYD AND SONS, INC. - FOR CITYWIDE
SANITARY SEWER EXTENSION IMPROVEMENT - S.W. 8 COURT.
Mayor Suarez: All right, item 34.
Mr. Dawkins: Move it.
Mr. Plummer: Mee culpa, mea culpa.
Mayor .Suarez: Moved by Commissioner Dawkins. Seconded by Commissioner De
Yurre, thought I heard. Any discussion? If not, please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-1063
A RESOLUTION ACCEPTING THE COMPLETED WORK OF ALFRED`
LLOYD AND SONS., INC., AT A TOTAL COST OF $20,521.00
FOR CITYWIDE SANITARY SEWER EXTENSION IMPROVBMENT -
S.W. 8 COURT IN CITYWIDE SANITARY SEWER EXTENSION
IMPROVEMENT S.W. 8 COURT DISTRICT SR-5539C (CENTERLINE �f
SEWER) C.I.P. PROJECT NO. 351274.
z
(Here follows body of resolution, omitted here and on
_ file in the Office of the City Clark.)
_ Upon being seconded by Commissioner De Yurre, the resolution was passed +
and adopted by the following vote:
AYES: Commissioner J. L.-Plummer, Jr.
Commissioner Miriam AlonsoT
Commissioner Miller Dawkins ~ter
- Dice Mayor Victor De Yurre b
Mayor Xavier L. Suarez 4rk =
NOR$: None. +
4.
ABSENT: None._
W,
NOTE FOR THE RECORD: At this point, Agenda item 35
was withdrawn.
: v
1-7
--
,-� r1
let-.� -
} h i
48. RATIFY MANAGER'S FINDING OF SOLE SOURCE - WAIVE REQUIREMENT FOR
COMPETITIVE BIDDING - APPROVE PURCHASE OF A COMPUTERIZED PERMITS AND
VIOLATIONS SYSTEM FROM THE CITY OF FORT LAUDERDALE FOR BUILDING & ZONING
DEPARTMENT.
Mayor Suarez: Item 36.
Mr. Dawkins: Move it.
Mayor Suarez: Moved. We need a four -fifths vote.
Mr. Jorge Fernandez: Mr. Mayor, you're now in that section of the agenda
which is public hearings.
Mayor Suarez: OK. Does anyone wish to be heard on item 36? Let the record
reflect no one stepped forward. We have a motion. Do we have a second? On
36, we have a second by Commissioner De Yurre. Any discussion? If not,
please call the roll on 36.
_ The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-1064
A RESOLUTION, BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION AFTER A DULY ADVERTISED
PUBLIC HEARING, RATIFYING THE CITY MANAGER'S FINDING
OF SOLE SOURCE; WAIVING THE REQUIREMENTS FOR
COMPETITIVE SEALED BIDS AND APPROVING THE PURCHASE OF
A COMPUTERIZED PERMITS AND VIOLATIONS SYSTEM FROM THE
CITY OF FORT LAUDERDALE TO BE USED BY THE DEPARTMENT
OF BUILDING AND ZONING, SAID SYSTEM, AVAILABLE ONLY
FROM THE CITY OF FORT LAUDERDALE, BEING FULLY
COMPATIBLE WITH THE CITY OF MIAMI MAINFRAME AT A TOTAL
PROPOSED COST OF $42,000.00; ALLOCATING FUNDS THEREFOR
FOR THIS PURCHASE FROM FY189 SPECIAL PROJECTS AND
ACCOUNTS NO. 921002-880; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SYSTEM.
(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:
x:s8
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso ry
Commissioner Millar Dawkins
Vice Mayor Victor De Yurre'}
Mayor Xavier L. Suarez:
NOBS= None.
ABSENT: None.
4
49. CONFIRM ASSESSMENT ROLL: CONSTRUCTION OF EAST ALLAPATTAH HIGH
IMPROVEMENT.
Mayor Suarez: Item 37. I'll entertain a motion on the confirmation of the
assessment roll.
Mr. Dawkins: Move it.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Any discussion? Does anyone wish to be heard on item 37? Let
the record reflect no one stepped forward. And please, let's have some quiet
in chambers. We're all losing our voices here. No, there's no further
- discussion. Please call the roll.
Mr. Plummer: On which item?
Mayor Suarez: Thirty-seven.
Mr, Plummer: OK.
Mayor Suarez: Call the roll, Madam City Clerk.
The following resolution was introduced by Commissioner Dawkins, who
- moved its adoption:
RESOLUTION NO. 89-1065
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF EAST ALLAPATTAH HIGHWAY IMPROVEMENT IN
EAST ALLAPATTAH HIGHWAY IMPROVEMENT DISTRICT H-4481;
AND REMOVING ALL PENDING LIENS FOR THIS IMPROVEMENT
NOT HEREBY CERTIFIED.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
—4 Commissioner Miller Dawkins 5
_ Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
rz�
ABSENT: None.
50. CONFIRM ASSESSMENT ROLL: CONSTRUCTION OF WEST FWLBR STREET, SANITARY`'
- SEVER. IMPROVEMENT. �
4! f #..
Mayor Suarez: Item 38...
Mr. De Yurre: Novo it.
Mayan Suarez: , , . conf irmiug assessment roll, hoot Flagler SAAlt"70
Mr, De Turret: Move.
- Z
i43 n -
F _
p�3,g
•
•
Mr. be Yurre: Move, second.
Mayor Suarez: Seconded. Does anyone wish to be heard on item 387 Let the
record reflect no one stepped forward. Call the roll on 38.
The following resolution was introduced by Commissioner Alonso, who
moved its adoptions
RESOLUTION NO. 89-1066
A RESOLUTION CONFIRMING ASSESSMENT ROLL FOR
CONSTRUCTION OF WEST FLAGLER STREET SANITARY SEWER
IMPROVEMENT IN WEST FLAGLER STREET SANITARY SEWER
IMPROVEMENT - PHASE II DISTRICT SR-5495-C (CENTERLINE
SEWERS) AND REMOVING ALL PENDING LIENS FOR THIS
IMPROVEMENT NOT HEREBY CERTIFIED.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
51. WAIVE REQUIREMENT FOR SEALED BIDS - ACCEPT PROPOSAL FROM BUILDING
SYSTEMS be SERVICES (A DIVISION OF CARRIER CORP.) FOR REFURBISHING POLICE
- DEPARTMENT HEADQUARTERS AIR CONDITIOWING SYSTEM. ;
Mayor Suarez: Item 39. `>
= Mr. De Yurre: Move it.
Mayor Suarez: Waiving requirements of sealed bids.
Mr. Plummer: Second.
Mr. Dawkins: Under discussion...
Mayor Suarez: Refurbishing of Police Department headquarters building', air``
conditioning system. Commissioner Dawkins. -Moved and second. Commissioner.
Dawkins. r$`
Mr. Dawkins; Anybody over there tell me what this $75,000 will purchase.
Mr. Ron Williams: Yes, I can respond to that, Commissioner Dawkins:
$75, 000 will essentially do a refurbishing of. thous areas " of
conditioning -system in the Police Department, that are found ` to
have, at this point, been found to be defective. It will put -those units a+k.
in working condition and, therefore, substantially improve the quality and thA
condition of the air in that facility.
A Mr, Dawkins; In your opinion, approximately how `much of the tyatega �ri`hi xb
y^
affected with this $75,000 and how much of it will not be touched?
Mr. Yilliama: At this point, probably about 30 poresnt will be atfoctod�,� t ;fy
that...
4. wct ice.• _ s
Mr. Dawkins; All right, thank you.
pli
104
Nf
"",,fi�nn '4rf '4..•. w �'. ',
... .... v mot. .. n- _.•.
•
Mr. Williams: ...but that is the unit that —that is the portion...
Mr. Dawkins= Thirty percent will be repaired with $75,000, right?
Mr. Williams: Bight, we found that the other 70 percent at this point is
working properly and with the addition of this work here, the entire system
should be ready for our hot season.
Mr. Dawkins: The other 70 percent was placed in operation when?
Mr. Williams: At the time the facility was built, Vice Mayor, I believe 1973
or four, early.
Mr. Dawkins: In 1970.
Mr. Williamst 073 or four, I believe it was.
Mr. Dawkins: So, therefore, this 70 percent that was put in operation in
1970, it has corrosion - this 70 percent...
- Mr. Plummer: No, he's going a different route.
Mr. Dawkins: You have fittings that have corroded. You have pipes that may
pull out. So, therefore, you're going to put in a brand new system which
nowadays the pounds per square inch has to be different because we are
- building better efficient units. So, therefore, we're going to put in a 30`
percent repair on a 70 percent old unit and as you crank it up, you're going
to get pounds per square inch that's going to blow out some fittings, some
pipes, or something and you're going to spend another $75,000 if you're
talking in terms of one-third of it, you're talking about another $150,000
- that you may have to spend. Now, I've told you and the Manager, I am not
going to vote to spend $75,000 to repair a system that was built in 1970 and -
you're only repairing 30 percent of it.
Mr. Williams: Vice Mayor, if I may, our professional judgment differs from
that somewhat. We've asked a tremendous amount of technical people to take a
_-
look at that, including our in-house engineering staff, and it is our opinion
at this point, from that detailed analysis and testing, that that portion that
- we're not directly affecting with this repair, is functioning properly, will
continue to function properly, and that this additional work that we're asking -
you to approve here will put the system back on proper working condition...
f
'i
Mr. Dawkins: Does that professional advisor have malpractice insurance?. -
}
where, if their advice was wrong, and the rest of the system go out, that they
will pay for it and we will not have to pay for it?
Mr. Williams: Well, I'm talking about in-house, a review, as well as the
manufacturer of the equipment, Commissioner, that we re asking to come in and
-
repair it. That judgment is based on review from both perspectives.
Mr. Dawkins: Is the gentleman here from Carrier who made this assessment?
Mr. Williamss No, he's not. This is administration...
Mr. Dawkins: Well, then, what - how long is Carrier guaranteeing the system
r�
for the $75,000?
Mr. Williams: The work that they will perform for us, if we're able.to get it
resolved, they'll most certainly guarantee for a year and we will :be working wx .
with theta throughout on this process to ensure that if there are any other
problems outside of thin, that we get them addressed. We think...''
4
a
Mr, Dawkins So we spend another seventy...;
Mr. Plummer; Ron, you will not get a one-year guarantee on repair$ 90 days.
Mr.
Dawkine s so you spend another $75,000 addraasing, thQss Vtroblemo
h raft
_i cam, u after you seat thus seventy-five thc;►usand.
p p
assessment?
--
4A,
PF
1
r
e
Mr. Williams: No, that's not where we're going, Vice Mayor Dawkins. Where
we're going is that we think that there were partial weaknesses in the system.
We presented to you a proposal here that we think will address those partial
weaknesses and return this area to the full strength compatible with the rest
of the system. We think that with these improvements with these repairs, the
system will function as it should. Obviously, there's no guarantee with
mechanical equipment that anything will run forever.
Mr. Dawkins: Thank you. Thank you.
Mr. Williams: We think that the rest of the system is at the point that it
will maintain itself, that it will continue to function and that we will be
able to provide those employees in that facility with the different kind of
environment this coming warm season.
Mr. Dawkins: How much money has been spent on this system attempting to get
it to function correctly? Since it's been built, since it's been installed.?
Mr. Williams: I would not have the entire 15 year total amount. I can tell
you what our annual contract, service contract, which deals with...
Mr. Dawkins: No, OK, all right, let me ask it...
Mr. Williams: ...that's $28,000.
Mr. Dawkins: ...let me it another way. Did the City of Miami call in any
experts because this system was not functioning right and it was said that it
was installed wrong and, therefore, experts were called in to try to correct
it. Did that ever happen?
Mr. Williams: I don't know if that ever happened, Vice Mayor Dawkins, over
the period of time that it's been in there, it is possible that could have
happened. I'm not particularly aware of any statements that the system was
incorrectly installed.
Mr. Dawkins: How much would it cost to put in a brand new system that we
would not have - I mean, that would be guaranteed by the installer, whether it
be Crane, Rheem, or Carrier?
s�
Mr. Williams: Between $750,000 and a million dollars.
Mr. Dawkins: A million dollars. So we're going to spend $75,000...
Mr. Williams: And I understand your concern, Vice Mayor. We obviously looked
at this very closely. I had some of the similar concerns that you now are
expressing. We think that we have gotten the necessary technical review on
this system that we can come to you with this recommendation and think it is a
sound one.
Mr. Dawkins: How long have you been over at GSA, Mr. Williams?
Mr. Williams: I've been director since 1986.
Mr. Dawkins: '86, 187, 188, 189.
Mr. Plummer: Some say...
Mr.
Dawkins:
Has that
system functioned properly and adequately doing your
term as head
of GSA?
Mr.
Williams:
Not completely.}
Mr.
Dawkins:
Thank you.
We've had trouble.
Mr.
Williama:
And we're
proposing...
�
Mr. Dawkins: And
there. Let's get
system.
Mr. Plummer:
from day one, I've told you guys, let's get a syston in
a brand new system and you continue to want to patch tb*t ``
Question.
•
Mr. Dawkins: Well, this is one vote that will not vote to patch the system.
Mr. Plummer: Question...
Mr. Dawkins: If you're going to put a new system in, you have me.
Mr. Williamst Vice Mayor, let me just say that during that tenure, I'm not
aware of a comprehensive technical analysis anything close to what we've done
since you raised the issue consistently last summer and required that we take
a very closer detailed look at this system to get it to the point that those
employees would not have to experience the heat conditions that they have. We
took your direction, we brought in those people, the manufacturer of the
original equipment, we got their involvement. We got our in-house engineers
involved in it and we think we've put together a proposal here to you that
will address, principally address those concerns that you raised last year,
and we think that the system will be returned to something close to its
original state.
Mr. Dawkins: Well, as J.L. said, I'll be here to remind that you threw away
$75,000 because I do not feel that this - personally - that this is a wise
investment but, there again, I'm only one vote. Therefore, I have no further
discussions, Mr. Mayor.
Mayor Suarez: OK, thank you, do we have a motion on the item?
Mr. Dawkins: It's been moved and seconded.
Mayor Suarez: Moved and seconded. Any discussion?
Mr. Plummer: I have a question. You're showing here that this is only phase
one. Phase two goes up to $215,000. Now what is that?
Mr. Williams: That would clearly be if we got
into a situation headed toward
complete change out of the system and Commissioner
- Vice Mayor Dawkins raised
this issue last summer with me saying he wanted
a complete and full review of
the entire system. And we...
-
Mr. Plummer: But are spending seventy-five or is
our potential two -fifteen?
Mr. Williams: Well, the potential is all the way to a million dollars if we
change out the whole system. I'm saying to
you that the $75,000 we're
proposing will repair the system, refurbish it and
get it operating back.
Mr. Plummer: Then, why do I see a figure of two
fifteen, not to exceed?
Mr. Williams: Because we had to go the full
route and review this thingX.
thoroughly and completely to make sure that we
present to you something that
',
fi
we could live with, and of that entire review,
I'm proposing the seventy-five
--
thousand.
Mayor Suarez: Anything further on the item?
Mr. Plummer: How long will this take?
Mr. Williams: Approximately 90-days.
;
Mr. Plummer: Before or after summer?
-
Mr. Williams: Before.
rix
Mayor Suarez: That's useful. Any further discussion? if not, please sell'
i�
3&K
the roll.
�a
x }�
t
3
toy.��
_
a �"
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-1067
A RESOLUTION BY A 4/5THS AFFIRMATIVE VOTE OF THE
MEMBERS OF THE CITY COMMISSION, AFTER A DULY
ADVERTISED PUBLIC HEARING, WAIVING THE REQUIREMENTS
FOR SEALED BIDS FOR THE EMERGENCY REFURBISHING OF THE
POLICE DEPARTMENT HEADQUARTERS BUILDING AIR
CONDITIONING SYSTEM AND ACCEPTING THE PROPOSAL ON AN
EMERGENCY BASIS FROM BUILDING SYSTEMS be SERVICES, A
DIVISION OF CARRIER CORPORATION, AT THE PROPOSED COST
OF $75,000.00 FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION/PROPERTY MAINTENANCE DIVISION;
ALLOCATING FUNDS THEREFOR FROM THE 1989-90 OPERATING
BUDGET ACCOUNT CODE 1420401-670; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS SERVICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I got serious reservations of using a band aid approach. but I
guess that's all we can afford at this particular time. Let me understand,
the maximum what we are approving today is seventy-five thousand.
Mr. Williams: That's correct.
Mr. Plummer: I don't like it, but I've got to vote yes.
Dr. Alonso: Yes, I feel the same way. I don't feel that a patchwork will
resolve the situation, but we have no choice. Yes.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. Plummer: For the record, Mr. City Attorney, since you did not sign this,
that you, in fact, have approved it?
Mr. Fernandez: Yes, air.
yds.
513
---------------a_—__--__.—__—__---__-------+--- —rr--ir.a.i
52. EMERGENCY ORDINANCE: AMEND 10642 - $STABLISH NEW PROJECT: "GENERAL
ANTONIO MACEO PARK DEVELOPMENT" - FUNDED BY STATH LEGISLATIVE GRANT -
AUTHORIZE MANAGER TO ACCEPT AWARD.
_._—----- ..------------------- --- -------- — _... ------ -----
Mayor Suarez: Item 400 emergency ordinance. Capital improvement
appropriations ordinance.
Mr. Odio: The reason for the emergency is that these funds are immediately -
we have to put these funds immediately in place so that the design and
construction of phase one, which must be completed by August lot, 1990, as
mandated by the state and national park service, be completed.
Mayor Suarez: OK.
Mr. Odio: As you know, this is part of the Antonio Maceo Foundation.
Mayor Suarez: So far, all the funds we're using are state grants?
Ms. Diane Johnson: That's correct.
Mr. Odio: Yes.
Mr. Plummer: How much City funds are to be involved?
Ms. Johnson: At this point, none.
Mr. Plummer: To be involved?
—_
Ms. Johnson: There will be some design services
from the Public Works
Department which will be contributed.
Mayor Suarez: In-house type, in -kind and...
Ms. Johnson: In-house design, right.
_
Mr. Odio: Yes, but not money.
Mayor Suarez: All right, no out-of-pocket. Any
discussion? Any further
discussion?
—
Mr. Plummer: This foundation is the one that's going
to raise the money?�.
r
Mr. Odio: Yes, sir.
Mr. Plummer: Mr. City Attorney.
Mr. Jorge Fernandez: Yes, air.
t r::
Mr. Plummer: Since you did not sign this form, asap
I to understand.thst you,
_
in fact, have approve and have read this as to form
and correctness?
r
k
Mr. Fernandez: Yes, sir, certainly have.
X"
_
Mr. Dawkins: What are we on now?
Mr. De Yurra: Forty.
Mr. Plummer: I move it.°�G'
Mayor Suarez: So moved.FCJ�,
Mr. De Yurre: Second.
Mayor 8uaretzs Seconded, Commissioner De Yurre. Any
r.
the geaersl public wisb to be heard for or ageinst
3�et� tboe ..record=get-totk 40 ,
one',stopped forward. Read the ordinance. Call the
roll o t#e-Qde�+ ,S
y �t
3
s
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE, WITH ATTACHMENT, AMENDING
SECTION 1 OF ORDINANCE NO. 10642, ADOPTED SEPTEMBER
28, 1989, AS AMENDED, THE CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW
PROJECT ENTITLED "GENERAL ANTONIO MACRO PARK
DEVELOPMENT" PROJECT NO. 331354 IN THE AMOUNT OF
$470p000; APPROPRIATING FUNDS IN SAID AMOUNT FOR SAID
PROJECT FROM A GRANT FROM THE GENERAL ANTONIO MACRO
FOUNDATION/FY189 STATE LEGISLATIVE GRANT IN THE AMOUNT
OF $170,000 AND FROM A FY190 STATE LEGISLATIVE GRANT
IN THE AMOUNT OF $300,000; ALLOCATING AN ADDITIONAL
AMOUNT NOT TO EXCEED $3,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE
ACTIVITIES OF THE GENERAL ANTONIO MACRO FOUNDATION;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANTS AND
TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY AND
THE FUNDING AGENCIES FOR THIS PROJECT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre, 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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10671.
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:'
t
Mr. Plummer: Declare the emergency.
a;.
Mr. Odio: I did. I stated for the record.
Mr. Plummer; I didn't hear it.
4
Mayor Suarez; It's in the record. Please restate it,
Mr, Manager.
Mr. Odio: That this item was requested to be on an
emergency basis qo that
funds are immediately in place for design and construction of phase one xhjch
must be completed by August lot of 1990 as mandated by the St4ta aad,fttio#�►�t
Park Service.
`
Mr, Plummer: 09, thank you.
. KD r 311"
53. WAIVE COMPETITIVE BIDS - RATIFY MANAGER'S FINDING OF EMERGENCY - ACCEPT
LOWEST RESPONSIBLE BID FOR IMPROVEMENTS/SERVICES/EQUIPMENT/OTHER
MATERIALS FOR GENERAL ANTONIO MACEO PARK PROJECT - PHASE I.
------------ ------ '---- -a-------------
Mayor Suarez: Item 41.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mr. Plummer: Now, I got a problem with forty... well, go ahead, has anybody
seconded it? I got a problem with this waiving of competitive bidding. I'll
tell you, we're seeing more and more. I'll second it for discussion.
Mayor Suarez: Moved and seconded. Does anyone wish to be heard on this item
other than the Commission?
Mr. Odio: We did not waive competitive bidding. This is the lowest price,
this went out on bids, but we are cutting down on the time that it takes to go
through the whole process.
Mayor Suarez: I guess what it says is formal competitive sealed bidding.
Mr. Odio: The procedure.
Mayor Suarez: But we followed a similar approach.
Mr. Odio: We went out on bids and we got the lowest bidder, and RJR Company
was the lowest bidder.
Mayor Suarez: Informal competitive bidding.
Mr. Odio: Formal competitive, it is what we waive.
Mayor Suarez: Not seals form of competitive bidding.
Mr. Odio: It says here.
Mr. Plummer: Tell me what the difference is.
Mr. Odio: Explain the difference.
Ms. Johnson: I'm sorry, we have not gone out for bid. Ve will be going out
for bid.
Mayor Suarez: Excuse me, we need some quiet in the back, please, of the
J
chambers. Please.
Me. Johnson: This is to set up the processes so that we can streamline the
-
bid procedures. We will be going out for bid for construction on the project.
But we will want to do it on a quick turnaround basis with, you know, we:would`
still advertise, but we will have the Manager award the bids onquick basill
1n tY
#
so that we can get the work completed in a short period of time.
i
Mr. Plummer: I got tell you, I've got to vote against it. That's what this,
f } aC
Commission's responsibility is, is to vote. This is $215,000?
Ms. Johnsons Not to exceed.
=r
Mr. Plummer: Not to exceed, then I guarantee you it will be $215,00Q and
t,
4 ry�Y
you're asking us to not sit as a Commission and vote on it. I can't appr4v4
of that.
Ns. .Tobiason: I'd like to state for the record- that .. t�
completed by August list, 1990, then we have to go ibrough; a cQ Per 4a P l�ae:'
on the property, �.
`191
� X
® Mr. Plummer: We're meeting twice a month. Why are we adding 90-days when it
- takes any two weeks you can bring it before this Commission?
Mr. Odio: You have to = the formal procedure is you have to advertise, you
= have to wait for the bidders, you have to select. It takes 90-days.
Ms. Johnson: At least, and then you have to get it scheduled for the
Commission which is a 30-day lead time.
Mr. Odio: Then, if we're not finished on time, you say, well, why didn't you
- finish on time?
Mr. Plummer: Y got a problem with it, I got to tell you.
Mayor Suarez: OK, you're entitled to vote according to it but, I mean, we
_
have to make a decision. We've got a lot of other items, personal appearances
and then planning and zoning agenda. And, by the way, I think a lot of people
— are here on the item having to do with Varadero Supermarket, and I think it's
scheduled for 7:00 p.m., I just want you to know that. I don't know, was it
not on the agenda for 7:00 p.m.? OK.
Mr. Plummer: They wanted to make sure they got a seat.
Ms. Johnson: For the record again, the conversion, if we go through that, the
City of Miami will have to provide another parcel of land of equal value to
satisfy the recreational needs according to the contract we've entered into
F,
with the state.
Mr. Plummer: When did this come about?
Ms. Johnson: When we got the grant monies to acquire the property in the
first place.
Mr. Plummer: When were we notified of that?
Me. Johnson: We have a letter on file from the... we are doing this...
-;
Mr. Plummer: No, when were we, the Commission, notified of that?
Ms. Johnson: Of the conversion process?
Mr. Plummer: That we've got to donate another parcel of land?
Me. Johnson: That's part of the...
}
1 i „11i
Mr. Odio: No, no, you... the conversion process is if we are not finished
with this project on August lot of 1990, you would enter into a conversion.
— Ms. Johnson: Weil begin the conversion process.
�-
Mr. Odio: That the state said, well, you did not complete your contract on
time. And that's what we're trying to warn you today...
Mr. Plummer: The conversion is another piece of land?
= �
No. Johnson: Yes, it is. We would have to provide a piece of -land of equal
r
size and value in the general locale of the existing piece `of property.,
Mr. Odio: And the delay on this has been because that the foundation has`sowe
internal problems and it has taken a very long time, a very long time to'try '
h tt that the had internally and it finally took place,.
to
settle t e
ma ere y
That's why.
Ms.
Johnson:
This has been a very long and lengthy process and.,. ;_gl
Mr.
Odio: it
has been a very long process with them.
Me.
Johnson:
Va have finally, after three years almost, resolved our prpbi K
with
the general Antonio Maceo prof eat, and they are a bupdr*4 psresat� 7m,";
s
in getting
this going._ a
192 f a
—
7i�a6.
Mr Piummers Diane, i have no problem with spending the money. I just have a
problem with waiving competitive sealed bids.
Mr. Odio: But my concern is that if we...
Mr. Plummer: We taxpayers' dollars.
Mayor Suarez: OK, we're not going to resolve it. They disagree. We'd better
vote on the item.
Mr. Odio: Vote it.
Me. Johnson: We will still get bids.
Mayor Suarez: All right. Do we have a motion on item 417
fi
Ms. Hirai: Yes, sir. Ke
Mayor Suarez: Yes... 4 k-
Mr. De Yurre: ...did you second?
Mayor Suarez: No, I didn't, but I'll second it. I'll do anything.
Mr. De Yurre: ...second....
Ms. Hirai: We have a movant and a seconder, Mr. Mayor. -
Mayor Suarez: Not anything, but...
Mr. Fernandez: And you need four -fifth votes.
Mayor Suarez: All right, do we have a second?
Me. Hirai: Yes, air.
Mr. De Yurre: I'll second it.
z;
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
J
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 89-1068
A RESOLUTION BY AN AFFIRMATIVE VOTE OF 4/5THS VOTE OF
_ THE MEMBERS OF THE CITY COMMISSION WAIVING FORMALr
COMPETITIVE SEALED BID. PROCEDURES FOR THE. .REQUIRED mil'
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS FOR THE y
GENERAL ANTO2II0 MACEO PARK DEVELOPMENT PROJECT - PHASE
ti
1; RATIFYING, APPROVING AND CONFIRMING THE CITY r$,.
MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY_EXISTS
e
JUSTIFYING SUCH WAIVER FOR SAID PROJECT; AUTHORIZING
THE CITY MANAGER TO ACCEPT THE LOWEST RESPONSIVE AND, h
RESPONSIBLE BID(S) FOR NECESSARY IMPROVEMENTS,
SERVICES, EQUIPMENT, GOODS AND/OR MATERIALS FOR. SAID A
PROJECT; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO
a k i 3
8YCB8D $ 215,000 > FROM - THE CAPITAL � IMPROVXNW - PROJXCTz At x
ey
OF THE SAKI NAME, PROJECT NO.: , 331S541 F[tRTIEm �Y4„ E�
AUTHORIZING.THE CITY MANAGER, TO EXECUTE ;AND/OR ISSUE
THE NECESSARY DOC HINTS, IN A FORM ACCEPTABLE TO THE �� `� a-
Ts�
aK w,
- CITY ATTORNEY, WITH THE SUCCESSFUL BiDDER(S).
(Here follows body of resolution, omitted here and on
file In the Offie* of the City Clerk:)
Upon being seconded by Commissioner Do Yurre# the resolution, w"11, IDS$1
=0 adopted by the following vote: �
r #
t '
A'YXS: Commissioner Miriam Alonso
Commissioner Millar Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: For the reasons so stated, I can't go against competitive
bidding. I have to vote no.
Dr. Alonso: Yes, it bothers me the same way as Commissioner Plummer has
stated, but due to fact and the urgency of the matter, I am going to vote yes.
— .._... .._..._—------ —— ----------- —--------- —---------- ..------- ._.._�._�... —
54. REFER TO INTERNATIONAL SECURITY AND THE STATE ATTTORNEY'S OFFICE, FOR
INVESTIGATION, ALLEGATIONS MADE BY EUGENIO TEJADA AGAINST PEDRO PABLO
CISNEROS, FORMER EXECUTIVE DIRECTOR OF MIAMI CAPITAL DEVELOPMENT
CORPORATION
Mayor Suarez: Item 43, Eugenio Tejada to address City Commission. Is he
present? Sir.
Mr. Eugenio Tejada: Necesito interprets.
Mr. Plummer: What happened to 427
_ Mayor Suarez: OK, Mr. Manager, you're a pretty good, fair interpreter. We
don't pay you for it, but if you want to try it.
Mr. Odio: Si, por favor hable despacio.
Mayor Suarez: Please speak slowly. Give us your name and address first, sir.
Mr. Eugenio Tejada (translated by Mr. Odio): My name is Eugenio Tejada. I
live in 300 Florida Avenue, Ft. Lauderdale.
— Mr. Tejada: No, no, no, my zip code. Z"
Mr. Odio: Ah, I'm sorry, and zip code...
Mayor Suarez: That's all right, you don't have to give us..
Mr. Tej ads: Oh, oh, oh, OK.
Mr. Tejada (translated by Mr. Odio). The only thing he grants is that he's`
been trying for eleven months waiting for this agenda.
Mr. Plummer: Eleven months!
Mr. Tejada (translated by Mr. Odio)s He wants to. be allowed to talk.
loth of January, they:broke into,his store, they, took everything in afight^i` ►`." -
him. The 18th of January, he came here in front of the City COMML61oti:
Mayor, Xavier Suarez, and the other Commissioners, and includes the, ono, ,
sweeps in the office...
Mr. Plummeri What? M frA =
Mr. Tejada (translated by Mr. Odic): ...they offered help,
_ Mr. Plume r: But wait, gait, wait... _
r�71R�
,Mr, , Odic: Voll, ,.let me translate that for fl ►er. - #fi r fee e► as � ` } ;
} or-pl, riu me►r: ' -Whot do you moans he sloops in his :9i1f
ye k3 y�n
114
�ti a
y R M
Mr. Odiot
f d
Tm
He said that the sweeping lady, inclusive the sweeping iady
Ox are ...
Mayor Suares:
Sweepat sweeps.
Mr.
Tejedat I
have paper here.
Mr.
Odio: The
sweeping lady offered help.
a
Mr.
Tejads i I
have cards...
Mr.
Plummer:
Oh, you mean the sweeping.
Mr.
Tejada: Yes.
Mr.
Odio: The
sweeping lady.
,
Mayor
Suarez:
Let the record reflect that no one sleeps in my office, daytime
or
nighttime -
sometimes during the day, yes.
°-
Mr.
Odio: We
have to get him up-to-date with Cuban terminology here.
Mr..Plummer: Is that the same thing as throwing the house out the window? -
Mr. Odio: Exactly the same way.
Mr. Tejada (translated by Mr. Odio): He speaks with proof.
He has letters'''
�f
from all the personnel involved in those cards. There were
only two people
that tried to help him. His name is Frank Castaneda and
Wally Lee. The
Mayor, Xavier Suarez, the same week said that he was willing
to cut salaries
- of the employees here to help him out. After that, they sent
him to an agency
that after everything became calm and they sent, that day -
wait, wait, that"-
day, I guess people felt that he was not a working person
but a'delinquent
or..* and that he, after being offered help here, he
was sent to an
— agency ... qua agencia? Miami Capital. And that agency what
it did is play
_
games with him. Commissioner Victor De Yurre has his documents. `'This' IIth of
_ July he had. an appointment with Commissioner De Yurre.
He kept all my
R
documents to investigate why didn't he get the loan. Nov, today, he has not.-
"by
= heard a word. He has not been communicated the office of Commissioner be
Yurre and, has not received his documents back. In conclusion,`he's' not"
_
asking - all he wants is a loan to pay for with=his-business.
Because if -not,
if - not,- the City might have to send him to welfare. That is -a decision your
must -make today. �He doesn't want'us to pay for whatever was
stolew frow him.".
But he wants a loan, he wants a loan. He needs $25,000 to
pay for in five
years. That's his story. That's his petition.
Mr. Plummer: Where did his business exist?
Mr. Tejada-(translated br Mr.=Odio)t 1100 N.W. 54th Street in the flea market
that is on 54th Street.
Mr. Plummer: Did he have insurance on his building?
Mr. Tejada (translated by Mr. Odio): No, he did not have insurance then:
k
has it now. ;
�r
Mayor Suarez: Frank, what, if anyChiag, and 'skipping 16vt3r the issue afaMosta
much lie have tried in every possible meeting with federal and state o##csls rh
to got some help after the disturbances, which I gether is during
that this happened, is it not? And boa little..,
Mr, P1ummers No$ he Said January the 5th, "' F
i N..
Mayor Sitsrax: I thought he said... •° ' kaz
i
Udio: Fifteen. January the 15th.
Mayor goatee: ,nil<hpw little t,sip ve've nttsn' rm, -0 t: a ►a + s � ►k n =
had doors Qpsm to ems, son* of which haven't *Von .ds ae that
-in terms of Miami Capital +ar doer ,h+s f��
ro rot
Mr. Prank Castaneda: We sent him to S.B.A. S.B.A. was not covered, if at all
then...
Mayor Suarez: S.B.A.?
Mr. Castaneda: Yes. Small Business Administration. And then, we also
sent.. .
Mayor Suarez: Yes, I was going to ask, I mean, we have Luis Sabines here, I
was going to ask why wouldn't this be a classic for an S.B.A. loan?
Mr. Castanada: Well...
Mayor Suarez: You know, he's gotten S.B.A. loans for a lot of people over the
years and...
Mr. Plummer: Let me ask this question. Why did Miami Capital turn him down?
Mayor Suarez: Yes, why did our own agency turn him down?
Mr. Castaneda: Because of excessive credit obligations, financial information
provided does not show ability to repay the loan. Credit report shows slow
payment and inconsistencies and lack of information and incomplete disclosure.
Mr. Plummer: So then, if it was lack of information, it's his fault that he
didn't provide it. I mean - no, no, no, I'm trying to find what is the basis
of the denial of the loan. I understand overextended credit, but if what
they're saying is that they asked for more information and he did not provide
it, then I think that his problem is self-sustaining.
Mayor Suarez: Wait a minute, J.L. Usted esta entendiendo?
Mr. Tejada (translated by Mr. Odio) : Mr. Pablo Cisneros, he did not approve "
his credit.
Mr. Odio: Wait, wait - because he didn't - wait, excuse me a minute. Say
that again, please. I did not hear. rr.
Mr. Tejada: (Translated by Mr. Odio) Mr. Cisneros did not approve his credit y-
because he can prove that it was a game, month to month, he would change the -
dates. - .He did not. take this to the Commission. - That's why, on the 21st of .-.
June, and the 20th he knew that he had been rejected, because he .did not
accept the proposition. We11, he didn't come to this country to... Yost
sir....
Mayor Suarez: To compromise his principles, I think is about as close At
translation as you find. '
;h
y Mr. Tejada (translated by Mr. Odio): He did not want to compromise his {
principle and he will not accept illicit propositions from anyone and that's
why he did not got his loan.
4
Mr. Plummer: What? w;=
r xr
Mr. Odio: Illicit propositions from anyone.
{F
Mr. Plummer: What is illicit propositions? Well, ask him, what is an illicit d
proposition?
Mr. Odio: Wait. Quo on 10 qua quiere decir?`mob
Mr. Tejada: (translated by Mr. Odio): He wants to reserve that to hisoure�#.
r .. ,., - •!- y ;4.- � .fir yy7&.
Mr. Plummer: Wall, what about... no, no, no, no. No, no, he stands up tbore 31� �
and he snakes accusations. Tell him to tell me what his accusations
--i' are the illicit... } Y
Mayor Nuorez: And, please, let's have sane ° quiet is :the "chembor
Mr. Plummer: What are they? a '
s
Odio: Si vas a venir a dacir qua hay proposicionas ilagales, qua ti"GO
que vanir y decirnos cuales soft.
Mr. Tajada: No.
Mr. Plummer: No what?
Mr. Tejada: No, no.
Mr. Tejada: No.
Mr. Plummer: No what?
Mr. Odio: you want translation? No, no, no.
Dr. Alonso: I think it's serious.
Mr. Plummer: No what? He's not going to answer?
Mr. Odio: No, he won't answer.
Mr. Plummer: You're not going to answer?
Mr. Odio: No.
Mr. Plummer: He's not going to answer? Bye bye.,r,j
Mr. Tejada: Bye, bye.
Mr. Plummer: Bye, bye. That's alll Hey, if you're not going to answer...
- let me just read to this committee, all right? Listen to this! You want to.
know why he didn't get the loan? I'll tell you why. Let me read to you from-,
a statement, not mina.
— Mayor Suarez: Please, please, let's have quiet in the chambers.
Mr. Plummer: "Please keep is mind the difficulty that we have had in dealing
with this -applicant, this man. Not only has he been rude, but he has also
been insulting and uncooperative. Unless some serious changes -come on about
the personal financial structure, business financial structure, and f
willingness to cooperate in providing us with necessary information, 1'
strongly recommend not to process his application in the future." Nov, that's
the same attitude we're getting here. This man comes up here and makes
accusations but doesn't back them up. Enough! Now, if he doesn't want to:
cooperate, cooperation is a two way street. Sir, you have anode serious
allegations before this Commissionl Now, if you've got those allegations, I
strongly recommend to you, sir, that you go to the State Attorney's office
because if I read between your lines... x'
Mr. Odio: Usted entiende to que.elIs esta diciendo?
Mr. Plummer: ...you are indicating' that someone has'done`something'iliegai.
Mr. Odio: Usted esta eatendiendo to quo el le dijo?
;;.
Mr. Tejada: Estop eatendiendo parts.n-
x
Mr. Odio: Si usted tiene alguna acusacion quo hater, quo vaya_.a1 Stats`�
Attorney Janet Reno.
Mr. Plummer: That's rightl That's where you take-thoas allegations r �4
Mr. Odio: Y he seas acusaciones ahi, pero quo no venga aggi a levas
—' calumnia.. • , r
Mr. Tejacia: Yo no estoy levantando calumaia, Rz4 _
If
Y iir. Odioo O hater uaa acu+saoion sl' ao sot* dippueato a so-11's �+�ta�}ram r2
4 ,}
fasts, con hoahoes.
llr.eja►ds: Yo 4stoy dispuesto 4 spoyslas. 45 -
vg"
-
.
r zt^M tk -
ti�5�51F�pp
Mr. Odio: gl to quo le eat& diciendo as qua Is dig& entonces cuales son Boas
acusaciones o quo Jaya al State Attorney.
Mr. Tejada: R1 the propuso a mi quo yo tenia qua darle $2,000.
Mr. Tejada (translated by Mr. Odio): Now he's saying that he was asked for
$2,000.
Mr. Tejada: Y yo no to tenia.
Mr. Plummer: Who asked him for the $2,000?
Mr. Tejada: Pedro Pablo Cisneros.
Mr. Odio: Pedro Pablo Cisneros, he said.
Mr. Plummer: OK, now that's on the record.
Mr. Odio: That's on the record.
Mr. Plummer: That is on the record. All right? I want that allegation...
did he ask it for himself personally or to process the loan? Translator?
Mayor Suarez: No, I don't think it has to be. It would have to be personal
I don't think there's any fee at all for processing loans.
Mr. Castaneda: There's no fees.
Mr. Odio: I think it's a matter of... if he...
Mr. Tejada: Yo
sir
as
to dije
aqui
al senor...
it
it
we're about to refer something to the
Mayor Suarez: OK, wa , wa
State Attorney's office because it's an allegation that's been made in this
Commission.
Mr. Odio: Vamos a entregarle esta acusacion suya a la fiscalia del estado
pare qua investiguen eso y espero qua usted tenga las pruebas necesarias pare
apoyar esas acusaciones inmediatamente. Mientras tanto no hay mas nada qua as
pueda hacer.
Mr. Plummer: Enough!
Mr. Tejada: aueno.
— Mr. Odic: Right? Right?
Mr. Tejada: Este biers.
Mz
Mr. Plummer: Well, no, no, let's make sure now and we don't lose anything in #!
the translation. Heisasking, and it's on the record, so- somebody •,elee .caw >;
translate it, that Pablo Cisneros asked for. $2,000 for: his .ovn personal 3
reason...
Mr. Odio: That's what he said. �
N
Mr. Plummer: ...to process the loan.
Mr: Odio: Do: you want me to translate that again? Y*
Mr. Plummer: No, no, no, it's on the record.. That's a111 That's 41111
3
Mr. Odio: OK.xe
x
YF
:. Mayor $uares: Tool he's reflecting it on the record .in Xnglish so% hags i r
in English on the record.
Mr.- Plummer: ,,Mr, , Mayory I sae.. a nation that We At4��r �}
— this pout and turn this natter over to internal aaourity ` and :
Attorney's office to inventigote. I so Wve.
v 7 11
Mayor Suareas So moved. I think it would be automatic. I don't *van know
that we have to have a motion but...
Mr. Plummers I don't want any more conversation. This conversation will
screw it up.
Mayor Suarez: No, we're, no, we're definitely going to close off debate.
Mr. Plummer: Yes, sir.
Mayor Suarez: Gracias, nosotros vamos hacer la mocion pars, referirle esto a
la fiscalia porque usted ha hecho un alegato muy fuerte, Pero vamos a cerrar
el debate en este momento. OK, we have a motion, do we have a second?
Mr. De Yurre: Second. Any discussion? if not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-1069
A MOTION DIRECTING THE CITY MANAGER TO IMMEDIATELY
TURN OVER TO THE MIAMI POLICE DEPARTMENT'S INTERNAL
SECURITY UNIT AND THE STATE ATTORNEY'S OFFICE, FOR
INVESTIGATION, ALLEGATIONS MADE BY EUGENIO TEJADA
AGAINST PEDRO PABLO CISNEROS, FORMER EXECUTIVE
DIRECTOR OF MIAMI CAPITAL, IN CONNECTION WITH MR.
TEJADA'S APPLICATION FOR A LOAN FROM MIAMI CAPITAL.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following votes
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
•St
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Very definitely.
Mayor Suarez: Yes, absolutely.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. De Yurre: Mr. Mayor, I, just for the record, would like to state.. that =
Y
along with my staff, was exposed to this gentleman and,-- trying. -to ;help :,.his► .
p
out...
�r
Mayor. Suarez: Please, please, quiet. We need quiet, this has .baea..;aer3oup
accusation. The Commissioner wants to comment.An
`°
Mr. De Yurre: ...and that we tried to help hlm, tried to = get an s�cpl
from Miami Capital like we did and we expressed to him. the fact they `-jiA
didn't meat the criteria to get the loan. And I just want to have that oz4
record. Wedid follow through ,with it and that's . pretty : much all :I OVO, g9t�
•ayi oA it E i r r t
Mayor Suarez: OK, and I'm sure the people involveds if the ails atioAd are:
not true, are going to be contacting our , attorney for appropriato,.410 i :. suits, t ' .
Dr Alonso:Yes, - ' it bothers me the same way an Commissioner Planer lxai � � �4� -;
stated, but due to the fact and the urgency of the matter, I'm gcim to vst1� rs
Yea..• ;., 3 : r� �, ���'•�
'x
a
i IWLiLi�iiiriiiiii.�i.—i.a.ri—.�ti..�rw+rww�r—iii • ,i'�— '••—JiJr!W
55. PERSONAL APPEARANCE By Louis SHABAREKH CONCERNING TAXATION ISSUES.
.�..:.. ..��....�� . _.. _r r.►r-----_— —rr—f�w_�_iiiM...
Mayor Suaret: All right, item 44. Louis...
Mr. Louis Shabarekh: Shabarekh.
Mayor Suarez: Shabarekh.
Mr. Shabarekh: Louis Shabarekh.
Mayor Suarez: I thought you were Jocko.
Mr. Shabarekh: Well, they call me Jocko too, you know.
Mayor Suarez: All right.
Mr. Shabarekh: I live at 321 N.W. 4th Avenue, Miami.
Mr. Plummer: What item is this?
Mayor Suarez: Item 44.
Dr. Alonso: Forty-four. 5
Mr. Shabarekh: And...
Mr. Plummer: Frank, you want this back?
-
Mr. Shabarekh: ...I wrote to you people as the Commissioners.
Mr. Frank Castaneda: If you want, you can keep it...
Mr. Plummer: Please.
Mr. Shabarekh: To find out why...
Mayor Suarez: Please, please, please. r
Mr. Shabarekh: ...I'm being overcharged on my water bill taxes. I get a a
$12.00 water bill, $24.00 tax. Why? Why am I being charged $24.00 taxes?
Mr. Plummer: Mr. Manager, here, easy, he recommended it, we voted on it. yip
Tell him why.
Mr. Odio: That's the storm water fee for what we're doing in people are N
k
paying fees so that the system, the water system, the water drainage system,
can be replaced in the future without having to incur into debt. Those monies r
are put into an escrow account so that we can replace the drainage 3ysto in° ya
the future. i
x s _
Mr. Shabarekh: But the point is, 'I've already paid' for my surer -tarts:=
paid for -the drainage in my street. I paid for all of that and I'm. still.. {
paying taxes on the water. I understand our tax is according... I buy water"
F
from the City of Miami, or Dade County,: Miami -Dade Water and $ewer. OKI. the w xY$
sale price is 6 cents on the dollar. My water bill is $12.00...
Mayor Suarez: Which is - Which, Jocko, which is a county agency. Now, �oayht
we made a mistake in nineteen whenever it was in giving it over to them, #rate a�
we did. {
T'
Mr. Shabarekh: But still in all, there's a $7.50 more added to my bill.
Mayor -Scares: I understand.`
P
Mr. Shabarekh: ..Why? I don't pare -for just somebody *If* liw tQg .fig s '
--------------
county. I've been paying taxes here over fifty acme odd years, _, Z'a
not payingtaxes. g sAA All theee-years we've boon in t
-
taroo Now our garbage tax only 04e
too
, _ R .
'ems-t`"au
hundred pound* of garbage out of my house a year, and I pay $160 for it,
that's incredible. A $160 I pay garbage tax. Ninety dollars a year nos► I'm
added because you added on for my water bill, and I don't even get a water
bill $12, $13 every three months. Why must I be stuck with that kind of
money? -us senior citizens? I'm not a child, I'm going into my 80 years. You
should give us senior citizens a break that own property on Miami. Not come
up to us senior citizens and say, well, if you ain't going to pay, we're going
to put a lien on your property and you're going to be in the street. And I
don't appreciate that.
Mr. Odio: Yes, sir.
Mr. Shabarekh: If you're going to get taxes, get it from the new people. Do
like they do in Tiajuana. You come into our state, you pay three bucks. Get
it from the outsiders that are Coming in here, building, and building and
building. They're the people you got to get the money from. I paid mine all
these years. I get a check, a small check from Social Security, and I'm
paying $120 more than my social security check each year to the City of Miami
and Dade County. Did you add that nine eleven on my bill too? On my
telephone bill? Yes.
Mr. Odio: No, we didn't do that.
Mr. Shabarekh: Well, I got an E-911, I got a D-911, and a C-911. I'm paying
911 telephone bills for either the City or the County.
(Applause)
Mr. Shabarekh: Why don't the telephone company, if I want to call 911, charge
me? -because it's already recorded.
Mr. Odio: We don't control...
Mr. Shabarekh: Because it's already recorded.
Mr. Odio: We don't control.
Mr. Shabarekh: Charge me a quarter, whatever it is. Somebody's putting 'these
things on my bill.
Mayor Suarez: That's a good suggestion. Has anyone ever thought of charging
the people who take advantage of the 911? They seem to be able to have an
automatic charge whenever you call one of those television polls that they
have. A:
� tF
Mr. Odio: We don't deal with the 911.
Mayor Suarez: It seems to be quite automatic, you know, dollar, two dollars,
not to mention the other kinds of calls that they offer for two dollars when
they talk to you for - I never tried them, but...
Mr. Plummer: Mr. Mayor, I've told you before, I'm going to "tellyou again.'
That's what put me out of business in the City. I no longer have a business G€
in the City. Every time I turned around, I was writing another check to the
City of Miami and I paid every bill they ever presented and they `lot 'my`_area
' ;
deteriorate to absolutely
Mayor .Suarez: But you sold at a pretty good rate too. "
Mr. Dawkins: They who? z,
:
Mayor Suarez: They? What do you mean, they? w,
M. Mr. Dawkins: What you mean they? -Us. Us.
a
., Mr. Shabarokh: What do I gat? T pay two taxes. City tax and GQtunbyA'Y
because I live in the City. �
Mr* Plummer$ 7 And you pay a third one cailed'achool board, K 1u�
>. Mr. Shabarekh: OK, school board.
y -
r
y i
` 201 k
4
z
�.a
I ]
Dr, Alonsot That's right, a big one.
Mr. Plummert Yes.
Mr. Shabarekh: Library tax.
Mr. Plummert Well, what do you get, sir? You get a lot of things. OK?
Mr. Shabarekh: What do I get?
Mr. Plummert Well, I'll tell you if you'll listen.
Mr. Shabarekh: Yes, Mr. Plummer.
Mr. Plummert OK. You get damn fine police service. You get the best fire
protection in the State of Florida, OK? With that, you get good sanitation
service at half the cost if you lived in the County. The cost in the County
is $320 a year in which you have to put it out at the curb and you have to
take the stuff to the dump yourself. Here, we give you twice a Greek garbage
pickup in your backyard and we pick up your trash once a week. We also give
you...
Mayor Suarez: And large items, four times a year.
Mr. Plummer: And we also give you a fairly good - I'm not going to say the
best - good park system in the City of Miami which you have the availability
whether you use it or you don't. You also have many other facilities in this
I 1 i t ou that m taxes are high. But when you
community. Look, comp a n jus y y
compare them to something else in relation to the service in which
you get,
then my taxes are not so high.
Mr. Shabarekh: Well, my property gets reassessed.
Mr. Plummer: So did mine.
Mr. Shabarekh: The Manager says in the paper, "Well, if we don't raise':
property tax, we'll have to eliminate this here and we'll have to
eliminate
some of this and we start to eliminate some of that." That's fine,
perfect,
x.§
no problem. So we pay the raise. After the raise is paid, this
guy gets
$20,000 raise, he gets $50,000 raise, the City garbage collectors get
all kind -
of raises and us poor suckers are back there paying for it.
Mayor Suarez: We approved their contract today and it's- what was
it? -four
percent.
Mr. Odiot Four percent.
Mayor Suarez: Just wanted to put that on the record. All right?";
Mr. Shabarekh: School tax. Why am I paying school tax? Lottery says, "we're a
paging the school tax." I just saw is yesterday's paper, where it says,' the
state is taking the lottery moneyand balancing theirbudget with it,'aot:;:
giving`it to the board of education. FGE
Mr. Plummer: That's why I oppose the lottery, air, because they abisolutely, ; w7 _
would not guarantee the money to education.
Mr. Shabarekh: I can't see that. 4
Mr. Plummer: Well, they did. The people of this state were hoodwinked.
Mayor Suarez: OK, thank you, Jocko, for your statement. We oeextanl�k�"
` s athte. One point is interestia suggested that near; e+�ple.. ccan N.
innt, you, 86 gto the community should pay a fee.
' Cf
-; Mr. Shabarekh: They do it in Mexico.
Mayor Suarets I was about to tell you uQW* You spoke -.; let tAe
a43t� you may sit down because you are tiniewp !Th4 city, 1441l a
�aapact' 'fee that says that all new dsvol�pwnt is � the. tit Sri ► Q� `
as "ti.oes+ will, have to pay on Impact fee for tls� ash t e r Yl n7 ,
se + rfte and sewerp and i4frantructUrOs streato, parJ
�
u
done that as to the capital portion of it, of course, as to the operating, we
cannot do that by state law. Now, in any event, we have at least tried as to -
that portion. So, I just wanted you to know that.
Mr. Shabarekh: Thank you
56. REFER TO INTERIM STREET CODESIGNATION COMMITTEE REQVUST FROM THE
INDEPENDENT ORDER OF ODD FELLOWS AND REBEKAHS TO CODESIGNATB N.W. 3
STREET BETWEEN 22 AND 27 AVENUES IN HONOR OF THOMAS WILDEY.
Mayor Suarez: Item 45, Jose Rodriguez, Independent Order of Odd Fellows and a
word I can't pronounce.
Mr. Plummer: Is anybody here?
Mayor Suarez: I have to admit, you have the most interesting name of any
group that has ever made a presentation here.
UNIDENTIFIED SPEAKER: Thank you very much. Thank you.
--'
UNIDENTIFIED SPEAKER: He's kidding you.
Mayor Suarez: Please, please, please. Madam police officer or anyone, make
sure that we have an orderly process here of sitting down. We have to...
wait, wait, wait, wait. The process here is if there's an empty chair and
somebody wants to sit, they get to sit, now come on.
UNIDENTIFIED SPEAKER: How come nobody can sit on these chairs, sir? They
have been empty for ten minutes.
Mayor Suarez: Well, I don't know, maybe Luis Sabines has a wife or somebody
that's coming to sit there. I don't know, but let's be civil, please, please.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You're out of order. Let's go. It's getting worse than church
_
here.
Mr. Plummer: No, in church, nobody wants to sit down front.
-
Mayor Suarez: I guarantee you that whatever matter you're here on, the number
�«y
of people sitting down versus standing up is not going to makeup our minds on
the issue. All right, let's go. Jose. Oh, I'm sorry, there you are. This
is for a street, Jose?
;y
Mr. Plummer: Yes, yes...
Mayor Suarez: You had told me about it. OK, let's entertain- a motion-to
refer to the Memorial Committee and then your complete presentation will, be
-
made to that committee and then it will come back to us with a recommendation,
�x3'
OK? And we...
r
Mr. De Yurre: I so move, Mr. Mayor...
`
rt 4k�
"
V X RJR
Mayor Suarez: So moved by Commissioner De Yurre.�
�:
Dr. Alonso: I second.
. - -
/k{ -
Mayor Suarezc Seconded. Any discussion? If not, please call the roll.
'
Mr. Plummer: And at such time when it comes back, it will be a public,
=
hearing_
r
}V
F
bayor Suarez: Correct.
Mr. Plummer, Correct?
20$ -
try
_
ti
The following Motion Was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-1070
A MOTION TO REFER REQUEST RECEIVED FROM
REPRESENTATIVES OF THE INDEPENDENT ORDER OF ODD
FELLOWS AND REBEKAHS FOR CODESIGNATION OF N.W. 3
STREET BETWEEN 22 AN 27 AVENUES IN HONOR OF MR. THOMAS
WILDEY, TO THE INTERIM STREET CODESIGNATION ADVISORY
COMMITTEE.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
-
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: You were going to... this is a two-step process. You first
-
have to go to the Memorial Committee, they'll make the recommendation. By the
way, just so we don't deceive anybody, is the Memorial Committee functioning?
I hate to refer people to a committee that's not functioning.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, we've all made our appointments and it's been reasonably"
active. Luis.
-
Mr. Luis Prieto: Mr. Mayor, the first meeting is next week andwe're going .to
establish bylaws and we'll have...
_
Mayor Suarez: Very good. Will they be able to get into the first meeting's
—
agenda?
-
Mr. Prieto: Yes, sir, they can.
y:
Mayor Suarez: Very good. There's the man you talk to, to make sure you're on
,
the agenda for the first meeting right there.
57. ACCEPT BID: SHENANDOAH GENERAL CONSTRUCTION FOR FLAGLBR PARK STORM SCR
F}
—
INSPECTION PROJECT.
3c
Mr. De Yurre: Mr. Mayor, number 46.
}`±
Mayor Suarez: Item 46.`
Mr. Do Yurre: I've been dealing with a number of neighbors from the Flagaai
k �
area. That is, has boon, as we know it traditionally, Flagamihas-ha�! 4
history of floodings and things of that nature. And, as of recently,. we have
44Y2 A
had a problem with the sewer system in that there seems to be some damage to",
the sewer line running along N.W. 3rd St. from 57th Ave. to 62nd Ave, and this
has created a lot of flooding in the area with the rains...
Mr. Plummer: Yes.
v
:.
Mr, De Yurre: ...and I've gotten which... I don't know it this gemtle-W, is
- -
here, or it there are any concerned homeowners fraw the area Chet Would. 1ii�1►
to speak on the issue./�
8ut it is my understanding# from speaking
i'rfetq# that we need to
me
nPPVVVO at this time the mount of � ►hat, is . t�
f
S}
$34,100117
*y '#•' Li'
V'
yr. ,_ _
sa ZBE
L
Mr. De Yurre: Is it on the December 7th?
Mr. Plummer: Well, but wait a minute. Is this part of the overall system or
just one block?
Mr. Prieto: No, the entire system. We actually inspected a quarter of 60th.
That's where...
Mr. Plummer: For storm sewer?
Mr. Prieto: No, the sanitary sewers. And we ascertained...
Mr. Plummer: On this thing here, it says, storm sewer. Now, are you talking
about storm sewer or sanitary?
Mr. Prieto: It's a storm sewer, sir. But - I'm sorry - it's sanitary.
Mr. Plummer: That's not what's on my agenda, sir.
Mr. Prieto: All right. On the 7th of December?
Mr. Plummer: Sir...
Mr. De Yurre: No.
Mr. Plummer: ...concerned homeowners in the area of N.W. 59th Avenue and 60th
Avenue, from 3rd to Sth Streets, to discuss storm sewer problems.
Mr. Prieto: Yes. What has happened, air, is that the problem is related to
the sanitary sewer. What has occurred is that the local private contractors
have been connecting to the main line with laterals that have not been
properly designed. Backfill hasn't been proper, the lines haven't been
properly connected and a leakage has created a drainage problem for the storm
newer at the.top. This we ascertained from a small inspection on 60th Street.
Now what...
N
Mr. Plummer: Sixtieth Avenue.
Mr. Prieto: Sixtieth Avenue. What we now want to do is inspect the entire
system and come up with the repair program.
Mr. Plummer: Well, who's going to pay for it?
Mr. Prieto: Well, we have funds that we could...
iffiffiff° Mr. Plummer: But, if the homeowner hired a company that did inadequate work,
5 then shouldn't they go back to the man who did the inadequate work and make
him do it in a first class manner?
Mr. Prieto: There are many...
Mr. De Yurre: I don't think that's the issue though... �&
Mr. Prieto: Yes...
�Wc
Mr. De Yurre; ...haven't you .told me that therewas damage to o the'li0,e
r
itself?' -
Mr. Prieto: Yes.
Mr. De Yurre: That needed to be repaired? Pxf,
f� -
';, Mr. Plummer: No, what he just said was they didn't do it properly.
kb, Mr. Prieto: ft4ctly.
w 14r. Plumori a vo,rlt properly
pg-
riot.: '. Vow dom, ped lty ,privates Contra tor'S
205 xG v
{
'W.
Mr. Plummer: Well, then, gas get the private contractors to fix it.
Mr. Prieto: Unfortunately, sir, we do not know who and how many of these
that. .
Mr. Plummer: But that's the homeowners' responsibility, right?
Mr. Prieto: Yes.
Mr. Plummer: He has the responsibility to get a contractor to hook up to the
main with a lateral.
Mr. Prieto: Yes* sir.
Mr. Plummers OK, and they did it themselves.
—
Mr. Prieto: Yes, sir.
-
Mr. Plummer- So it's their responsibility to go back on who ever they
contracted, not us.
Mr. Prieto: Regardless of that fact, and you may be absolutely right, we need
to ascertain where the damage is specifically located. And I think we should
go in there and find out where the damage is. And that's why we're coming to
you on...
Mr. Plummer: But that's on sanitary, not on storm.
Mr. Prieto: Absolutely, sir. What is being seen by the private citizen is
the damage of the storm water because of the accumulation of the storm water
has been affected by the sanitary sewer.
-
Mr. Plummer: OK, because you remember that the people of Flagami - and I said
this on the record at the time, and I'm sorry to put this back again on the
-
record - the people of Flagami overwhelmingly turned down the bond issue for
-
sanitary sewers...
Mr. Prieto: Yes, sir.
Mr. Plummer: ...in their neighborhoods.
—E.
Mr. Prieto: Yes, sir.
F°
3
Mr. Plummer: Which said to this Commission, they did not want it and would.
4
not pay for it, so, you know, let's don't tax the other people when they said
p
$
themselves in a vote, they didn't want it.
Mr. De Yurres The problem here, J.L., is so we can understand it, say
understanding is there's a lot of flooding in that area. I don't know if it'll
_
caused by the sanitary sewer or the storm sewer, or which one it is or isn't.
Mr. Plummer: Victor, that's exactly why we put it to a referendum. There was
a hellacious problem. We said to the people in this bond issue*.,you pass t- 8.",
.'
bond issue, we will eliminate the problem, and the people of Flagami I+"`
_
forget abet the vote was, but it was overwhelmingly turned downby-those
rs`f w
people.
Mr. Do Yurres No, but my understanding is that this problem - if we can get;
_
some quiet back there, please...
Mayor Suareas Please* some quiet in the chambers. Let me say something for;
the record, please, everyone.
r
INAUDIBLE COWWS NOT ENTERED INTO THIS PUBLIC RECORD.
!layor Susr4si Yes, I Niil. Flease, everyone, ;y0a w4mt to h44
....
prepSao*-felt oa iaeue t1 t is mot belorQ ue yob! ...bud .�► b u ►:: a$< t
around 7:00 , V.m. * the
V+eradsro
SuporMOrket, b040V4` sq
oPtaotivs
be up there
#ad thore's
a lot more , r om , 40
aacoutaso
you to So up ..than
i o
don't have ouogs;z
liext t
that we bavo
a 8e40r4l
obligotiou boAd �?St
r
44"o than
voters will approve It,
I 404't kuot►l.;"at la wh*,
+i•:.•"'ti�r���41 .sea
x
1W
Mr. Plummer: The Dupont Building would hold it.
Mayor Suarez: But, in the meantime, in the back of the chambers, we
particularly need quiet, some of us are losing our voices, some of our staff
is to the point that they can barely be made heard here to day and we need
quiet in these proceedings, please. As many of you as possible can go up
there and then you can come right back when we get to your item, if you like,
if you think by being down here, you have more impact. (AT THIS POINT, MAYOR
SUAREZ ADDRESSES THE AUDIENCE IN SPANISH.)
Mr. De Yurre: OK, as I was saying, Mr. Mayor...
Mayor Suarez: Yes, Commissioner De Yurre, I'm sorry I interrupted you.
Mr. De Yurre: Work was done to that last year, I believe it was in 188,
throughout 188 pretty much...
Mr. Prieto: On storm sewers, right.
Mr. De Yurre: On storm sewers.
Mr. Prieto: Right.
Mr. De Yurre: Now, the complaint of the residents is that after that work was
done, it's gone from bad to worse, it floods to the point that you can't even
get into that neighborhood, much less get out. Flooding into the houses, into
the residences, and from talking to Mr. Prieto, he said that he did some
camera work where they did some inspection work and they saw that there was
damage to the lines. He didn't know the extent of it because once you see the
blockage, you can't see further down to see if there's additional damage and
that work needs to be done to find out exactly what has happened there that
needs to be repaired.
Mr. Prieto: Right.
Mr. De Yurre: Now, whether it happened because of a private individual, a
private company didn't tie it in properly or hook up properly, you know, you
can't fault the rest of the area that is affected by it...
Mr. Prieto: True.
Mr. De Yurre: ...because of waiting for these individuals to sue those
companies, it just can't work.
Mr. Prieto: That's right.
Mr. De Yurre: You know, and I think there's a responsibility to try to
analyze this problem, figure out what it is so we can deal with it as best we
can.
Mr. Prieto: That's correct.
k
Mr. Plummer: But are we going to have to assess?
5:
Dr. Alonso: Yes, but why can't we identify which company produced the damage?
By building permit, we can identify who got into that line.
Mr. Prieto: We could do that, yes.
Dr. Alonso: And then identify the company and make them responsible.
Mr. Prieto: Yes, Commissioner, the first step would be though, ascertain
where the damage has occurred, and then we can look up the records and find.
out.
4
Mayor Suarez:
OK,
our experts are telling us we're
going to have to.kpaa�! - F
some money to ascertain the damage and where it is and
why it ie, and if *a're Yf�rt
either going to
do
it or we're not going to do it, but
we bane to vote Qa It,
�t4
k'
Mr. Qdio: It's
in
the agenda of December 7th.
E
An
M }
•
Mr. Prieto: Right,
Mr. De Yurre: OK, on the consent agenda.
Mr. Suarez: All right...
Mr. Odio: No...
Mr. De Yurre: Might as well.
Mr. Odio: Might as well.
Mr. De Yurre: Yea, we discussed it already.
Mr. Odio: Put it in the consent...
Mayor Suarez: Are you moving it?
Mr. De Yurre: I'll move it now, if you want.
Mayor Suarez: Well, did you want additional time to consider it? I mean, I
don't know what else we're going to find from now till...
Mr. Odio: Go ahead and move it now and then that's one less item we have
to...
Mr. De Yurre: OK, I'll move it now.
Mr. Plummer: Well, tell me what we're moving.
Dr. Alonso: Moving in what?
Mr. Prieto: We're moving to grant a contract to Shenandoah Contracting firm
for $34,100 to ascertain the damage of the line running from 56th Street to
the Tamiami Canal.
Mr. Plummer: Was this put out to bidding?
,a
Mr. Prieto: It was put out for bidding, they're the low bidders, air.
Mr. Odio: It's just that we had it for December 7th, but it might as well,
since what its costing now...
Mr. Plummer: Is this cost factor going to be assessed against the individual
homeowners as we do all other improvements? F`
Pl-
Mr. Prieto: Yes, of course, air.
Mr. Plummer: OK.
L
Mayor Suarez: So moved. Do we have a second? Moved by Commissioner -Do
Yurre. �, e
Mr. Plummer: Second.
r
Mayor Scares: Seconded. Any discussion? If.not,"please call the roil.
>G
16� 20
°rk r
W11
ems• i< t t t >< � L
The following resolution was introduced by Commissioner De Turre, who
moved its adoptions
RESOLUTION NO. 89-1071
A RESOLUTION ACCEPTING THE BID OF SHENANDOAH GENERAL
CONSTRUCTION IN THE PROPOSED AMOUNT OF $34,100.00,
BASS BID OF THE PROPOSAL, FOR FLAGLER PARK STORM SEWER
INSPECTION PROJECT, WITH MONIES THEREFOR ALLOCATED
FROM THIS 1990 CAPITAL IMPROVEMENT ORDINANCE NO. 10642,
PROJECT NO. 352190 IN THE AMOUNT OF $34,100.00 TO
COVER THE CONTRACT COST; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
58. (A) SUPPORT THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF
SOUTH FLORIDA'S CONTINUING EFFORTS FOR ADDITIONAL STATE FUNDING
CONCERNING THE HISTORIC OVERTOWN FOLKLIFE VILLAGE PROJECT.
(B) ACCEPT CONCEPTUAL PLAN FOR HISTORIC OVERTOWN FOLKLIFB VILLAGE.
Mayor Suarez: Item forty-six - forty --seven.
Mr. Plummer: Forty-seven.
Mayor Suarez: Black Archives.
Ms. Dorothy Jenkins Fields: I'm Dorothy Jenkins Fields, 5337 N.W. 29th Court,
r
founder and member of the board of directors of the Black Archives. Mr. Mayor
and Commissioners, we're here today to present to you the master plan and
'
guidelines for the Historic Overtown Folklife Village. This project was
funded by the National Endowment for the Arts with assistance from Southeast
Bank and generous technical assistance from the City of Miami, including the
Department of Planning, Department of Development and the Downtown Development
Authority. The final product, which I hold in my hand and which has been
circulated, given to your staff more than a month ago, incorporates guidelines'
—
from the Secretary of Interior's office for restoration, rehabilitation of,
7
existing sites, and guides for new construction. The project architect,°
Ronald S. Fraser 4 Associates, has provided the vision for new construction in
the changing setting of Miami's downtown environment. In order to be
k3
compliance with the City's Overtown/Park Went redevelopment plan, the Bl+eck
�W.
r'nyz
Archives Foundation requested the City of Miami to administer the grant fro pn
the National Endowment for the Arts. Today, we have comet to thank you for 'the
—
technical assistance that you have provided to complete the plat and to
request you to accept the concept herein as the plan for the Historic Overt -
Folk Life Village. We're also asking you, the Commission, to re&ffirm 't:hs"
a-,
City's commitment to the development of this Historic Overtowu yolk.;k
.'
Village and in some way to help us define the
g y partnerssbip that we share:. butt
°'.
wo I re pleased to present this to you, Mrs.. Carmts Cash when
_Russell,
chsituan of the board, has a brief message:,
a h
=i
Me. Carmeta Cash Russells My name is Carmeta Cash $u$seli, and I dive+ at 4701
N.$. jrd Avenue. Mayor and Comm$sciouers, we have good news t9 S# s., `,' ►► � �'&
_ dr:
Mlack Archives and History and Research roundation of r1of t
s
t
�W
Oft .T h ra.
209 F
[ a
•
•
i
Ye
requested $7.3 million from the State of Florida to acquire property for the
Historic Overtown Folk...
Mayor Suarez: That's Almost good news.
Me. Russell: It is good news for us,
Mayor Suaret: We'll know if it's good nevus when we get it, but go ahead.
Ms. Ruasell: OK.
Ms. Fields3 It's a beginning.
Ms. Russell: ...Village. State Representative Jeff Reeves has taken the
leadership on this project, and he has sent a letter to this effect. Ms.
Valerie Rouse, administrator of the Black Archives, is distributing a copy of
this letter for your files. We respectfully request a letter of support from
the City for this important project.
Mayor Suarez: I'll entertain a motion on a letter of support with the
strongest possible wording.
Mr. Dawkins: Move.
Mayor Suarez: Moved.
Dr. Alonso: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-1072
A MOTION EXPRESSING THE CITY COMMISSION'S SUPPORT OF
THE BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF
SOUTH FLORIDA'S CONTINUING EFFORTS IN TRYING TO OBTAIN
ADDITIONAL STATE FUNDING IN CONNECTION WITH THE
HISTORIC OVERTOWN FOLKLIFE VILLAGE PROJECT.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr...
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre J
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Support, not dollars, is that correct? `
Ms. Russell:
Yes, Just support.
Mayor Suarez:
Yes, to obtain additional state funds.
`
Mr. Plummer:
OK.
T
Mayor Suaresi
For, actually, the same +state
funds.
Mr. Plummer:
I'll give them all the support
they can handle,
No. Russell:
Thank you.
'(
M OM WE
TS/arLMNG ROM CALL
#i r
f
Ito
speed. Yes.
Me. Fields: Yes, Mr. Mayor, we need you to accept the concept of the plan.
Mayor Suarez: I'll entertain a motion on the conceptual plan...
Mr. Plummert Have you seen it?
Mayor Suarez: ...for the Historic Folk Life Village.
Mr. Plummer: Did we get a copy of it?
Ms. Fields: Yes.
Mayor Suarez: We have been seeing it for the last couple of years...
Ms. Fields: Yes.
Mr. Plummer: Oh, yeah, OK.
Mayor Suarez: Thank you.
Mr. Dawkins: So move.
Mayor Suarez: Thank you. Moved.
Ms. Fields: Thank you.
-
Mayor Suarez: Anyone want to second it?
Dr. Alonso: Yes, I second.
Mayor Suarez: Seconded. Any discussion? If not, please
call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 89-1072.1
A MOTION GRANTING REQUEST TO REPRESENTATIVES OF THE x
BLACK ARCHIVES HISTORY AND RESEARCH FOUNDATION OF W
SOUTH FLORIDA, INC., FOR ACCEPTANCE BY
THE CITY
COMMISSION OF ITS CONCEPTUAL PLAN FOR THE
HISTORIC
OVERTOWN FOLKLIFE VILLAGE.
Upon being seconded by Commissioner Alonso, the motion was passed and
adopted by the following vote:
F1
AYES: Commissioner J. L. Plummer, Jr.
`
Commissioner Miriam Alonzo
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
r:
Mayor Xavier L. Suarez;
a �'
NOBSt None.
ABSENT: None.
Mayor Suarez: Anything else?
J � _
Me. Fieldst Thank you.
Mayor Suarez: Thank you.
Me. Russell: Thank you.
`
3T
•
Mayor Suavest Good luck. Let's go got It and Build
.ri
4� � � ...
.. _ _ ._ ... M1 • �tl _..._ .�. i .au'.arl �t'...'Ax�v�a?i,. .YaF .ou3 mf.5�' ��� p
_ _
iYwr` +i.LYi+Jn.rirr i�f ------------i.-----_------------------ iY.iJYiO.Y�iuidiuY3.iiYYii
59. DISCUSSION WITH REPRESENTATIVES OF LYNNIS COMMUNICATIONS, INC.,
CONCERNING POSSIBLE LEASING OF CITY -OWNED PROPERTY IN VIRGINIA KEY FOR
RADIO ANTENNA FOR NEW RADIO STATION CATERING TO CHILDREN.
_- ---------- -------- --------- -------------- --------- --•--------
Mayor Suarez: Next item - forty...
Dr. Alonso: Eight.
Mayor Suarez: Eight. Thank you.
Mr. De Yurre: Mr. Mayor, I'd like to make an announcement in Spanish...
Mayor Suarez: Yes.
Mr. De Yurre: ...because there are going to be some people from the Flagami
area...
Mayor Suarez: Commissioner.
Mr. De Yurre: ...that didn't know the item came up. Announcement in Spanish.
NOTE FOR THE RECORD: Commissioner De Yurre announces
in. Spanish that the previously discussed sanitary
sewer matter in the Flagami area has been resolved.
(See label 57).
Mayor Suarez: OK, thank you. Item 48, Commissioner Alonso, you said, right?
Is that where we are?
Dr. Alonso: Yes.
Mr. Jerry Gorday: My name is Jerry Gorday. I'm from Lynnis Communications and
I wanted to...
Mr. Dawkins: Pull the mike up, sir.
mi
Mr. Jerry Gorday: Try it a little bit better, right? OK.
Mr. De Yurre: You can communicate better this way.
Mr. Gorday: It works better. Mayor Suarez and Commissioners, my name is Jerry,
Gorday and I'm from Lynnis Communications, and I'm here to make a proposal"lto..
pay you some money, instead of taking it away from you as everybody else has ` ;F
been doing this evening. This is a piece of property located out on Key.
Biscayne, actually it's Virginia Key. It is adjacent to the: sever plant,'. the �a
a
water outfall and so forth. As you probably notice that there's a lot of M7�`
barren land out there. And my request is that I be allowed to lease a small
piece of property from you for the purpose of putting up a radio antenna. This
radio antenna will be to used for a radio station located here in Miami,...
Mr. Plummer: We had this before.
Mayor Suarez: In existence or a new radio station?
x,
V.
Mr. Gorday:
It is a new
radio station, sir. It is designed to educate AMU
entertain small children.
It's a very, very, specific type of radio.i4
_.
Mr. i'lummer:
Is there one
over there now?
-,
Mayor Snaresi
Do you have
a franchise or do yoc have approval from
ao on for the
station Itself?
t
-
. OVO
. r
Mr. Gorday: I have now got a construction permit to build the radio station,
yes, air.
Mayor Suarez: I don't know what construction permit means, I mean, do you
have...
Mr. Corday: Construction permit will allow you...
Mayor Suarez: I mean, if you don't have an FCC permit...
Mr. Gorday: You do not receive a...
Mayor Suarez: ...the fact that you can construct something doesn't mania you
can actually emit any waves or anything, I mean...
Mr. Gorday: No, sir, you do not get a license to operate a radio station
once on the air. It is the big gamble a lot of radio
stations take, yes, sir.
Mayor Suarez: That's not the way I thought it, anyhow, have you.. .has the
Manager been informed of all of this proposal?
Mr. Odio: No, and I will recommend against that.
Mayor Suarez: Well, without knowing more about it, I would hope you wouldn't
have any recommendations.
Mr. Odio: We have a master plan for that area.
Mayor Suarez: Does it fit the master plan?
Mr. Odio: No,
sir.
Mayor Suarez:
In what sense, Sergio, or Mr. Manager, or whoever. Why doesn't
It... I would want to see if it conforms with our master plan which we've
approved and which is actually an ordinance for us.
Mr. Guillermo
Olmedillo: It's not included as part of the master plan and the.
fear is that
you may have multiple applications with either existing or nevi.
stations coming in... r'
Mr. Plummer:
Well let.me...
—
Mr. Olmedillo:
...and that is environmentally sensitive and, you know...
a
Mr. Plummer:
Let me ask this question. Isn't there one radio aerial over
there now?
Mr. Olmedillo:
Yes, and that was prior to all of this master planning.
—
Mr. PluaoaQer:
OK but I mean is there not the f
possibility that we could lease
him space on that antenna?
Mr. Olmedillos
I don't saying there's a possibility, what Vm saying is, there
might be a conflict because of the environmentally sons...
Mayor Suarez:
Well, but that's an interesting.,.
Mr. Plummer:
I'm asking.'rx;
—
Mayor Suarez:
That's an interesting concept he's proposing, If thorn a A :f
antenna there
that may not be used all the time, he may be able to lease or mssyyx'`
have a subsidiary...
,
Mr. Plummer:
Yes, but I'm saying, they can put more than one antenna,.,
.,
Mayor Suareas
Right. _
Mr, l'luoer s
....on a tower.
Mr. 04101, ,Go
and aback with the people that awn the aate"A t bon +
3 i
213
3
RnyysL `�Eay
V t I
7
4
Jay_ }ids
Mr. Gorday: Mr. Plummer, that antenna that is out
there right now has more
—.
than one radio station on it.
Mayor Suaress: Vho's using it?
Mr. Gorday: WKAT and also WQAM is now located on there.
Mayor Suarez: I was going to ask who was using it.
Mr. Gorday: Yes.
Mr. Plummer: Did we approve wait, wait a minute.
Did we approve that?
—
Mr. Odio: Yes, a long time ago.
Mr. Plummer: For both of them?
Mr. Odio: For one tower.
Mr. Plummer: Well, wait a minute. How are they subleasing
without us getting
—
additional revenue?
Mr. Odio: That's the problem, I don't know.
Mr. Plummer: Well, let's find out.
Mr. Odio: Yea, sir. That's what we're doing.
Mayor Suarez: And in the process, find out if they
can be forced...
Mr. Plummer: If we can get a third one on there.
Mayor Suarez: ...just like phone companies that have a monopoly, to provide'
trunk space for another radio emission.
Mr. Odio: Find out...
Mayor Suarez: That's the best we can do. We are not, I don't think this
Commission is disposed or inclined, at this point, to vary our master plan that. m'
says that we're not going to be building any more antennas out there, or towers Y
for antennas.
'
Mr. Gorday: I see. Um hmmm. K:
Mayor Suarez: If we were to do that, we would have to go to, I think, an RFP
process where we might get many, many, applicants because I think it would be
choice property. But you may be able to work with the existing one, and
they're going to be instructed to work with you...
Mr. Plummer: If you got one and you can put more on it and gat more revenue,
go ahead. `
Mayor Suarez: ...to find out why the existing one apparently has possibly
sublet,if they have, and why it's been done- without our approval, if they .�
have, and what the conditions are, because you may be able to have the same'°
exact rights as whoever it is that's subletting from them. H
Mr. Gorday: I see.a
Mayor Suarez% They're presumably grandfathered in, is that the idea, an sitA:
planning and zonings
- Mr. Olmed llo: That is correct, sir.
Mayor Suarez: OK.
Mr. Gorday: Thank you, Mayor Suarez. s`
t
41
Mayor SuaraaGx Surely, and don't hesitate to come book and get au►otbei r pea r w r
aFPagrap►aln� To$, we could put up our mm anti+ a and la"+s
eXplQre that, Mr. Manager, I think that a in liaa►
lueaaaer was saying, now Coasaaisasioner De Tom. Roe aao, .thy �dsa� ba
S►bo we could have taken that property back with aalVSO-
ttltt tower ratter, heard we bs in the business
with of su.blat+auais�.
YW 1
Mr. Plummer: You'd have to buy it.
Mayor Suarez: We may not have to buy it. They may have given up that right
when they built those improvements. I don't know when it was done, but...
60. (A) GRANT REQUEST BY LITTLE HAVANA DEVELOPMENT AUTHORITY FOR STREET
CLOSURES CONCERNING HOLIDAY FIESTA FESTIVAL/PARADE - ESTABLISH
PEDESTRIAN MALL - AUTHORIZE BEER/WINE PERMIT - ESTABLISH AREA
PROHIBITED TO RETAIL PEDDLERS.
(B) GRANT REQUEST BY LATIN QUARTER HOLIDAY FIESTA FOR STREET
CLOSURES - ESTABLISH PEDESTRIAN MALL •- AUTHORIZE USE OF SITE FOR
PROPOSED LATIN QUARTER SPECIALTY CENTER,
Mayor Suarez% Tony. Is that the next item?
Mr. Tony Descalzo: Mr. Mayor, Commissioners...
Mayor Suarez: Yes, OK, item 49.
Mr. Descalzo: ...my name is Tony Descalzo. I going to speak here in behalf
of the Little Havana Development Authority. We are working, as you all know,
in the Holiday Fiesta for the second time, on Flagler St. between 11 and 12th
Avenue. Last year, we had the Flagler Festival in that area because the City
of Miami helped to revitalization of forty-four store and that what we trying
to do. To have a fiesta every year during Christmas time. We're going to
have a big party...
Mayor Suarez% This is not the one coming up Sunday, is it?
Mr. Descalzo: Yes, on Sunday.
Mayor Suarez: What do you need from us?
Mr. Descalzo: We have a party that we invite you, Mayor and the
Commissioners, we're going to have the Boy Scout, Girl Scouts, we're going to
have a...
Mayor Suarez: We're very happy you're going to have all the scouts there and
that you're inviting us. What do you need from us, if anything?
Mr. Descalzo:
Three bands, eight orchestra...
�.�'.
Mayor Suarez:
Hopefully nothing except street closure or something.
— Mr. Descalzo:
And last year, you help us with the in -kind service...
Mayor Suarez:
Don't need anything?
Mr. Descalzo:
...and a little bit more, if you can.
Mr. Odio: They need...
Mr. Descalzo:
But we understand that you freeze six million dollars, brit
.., a
there is something
behind that we can use it, we don't asking for a million
dollars. So,
I'm going to invite the people from the Little Havana Jaycees,
Maria Junto, in going to talk about how much we need,
= �`
Mr. Jorge Lescano: Mayor, Mayor Suarez..,
k.
Mayor Suares:
Jorge, you're going to object or are you going to aupgort orr
are you going
to say you have a competing festival or..,?
r
Mr. Lescano:
This is what I would like to say. My name is...
Mayor Suarew: Put your name in the record, please.
3
Mr. Lescano: My name is Jorge Lescano. I'm the president of the Latin
Quarter Holiday Festival and we would like to have an opportunity - t+m
representing my group - within the content of this presentation, item 59, 1
-_ would like to have an opportunity to discuss some of our projects. Iva have
requested from the administration, way back in September 28th, to be included
on the agenda. However, we hadn't been included. So, I would like to have an
opportunity to discuss because we are also hosting a festival on the 8th, the
9th and the 10th on S.W. 8th Street and 14th Avenue.
Mayor Suarez: OK, but that's not the same weekend, is it? -
Mr. Lescano: No, two different weekends.
Mayor Suarez: Well, that's one good thing, anyhow.
Mr. Lescano: Right. -
Mayor Suarers OK, well you'll...
Mr. Descalzo: No, no, Mr. Mayor. We have nothing to do with that group.
This is the Holiday Fiesta on Little Havana, one date.
Mayor Suarez: I was just establishing as to dates. Don't particularly want
to get into competition here.
Mr. Descalzo: December the 3rd, from 11:00 o'clock to 9:00 p.m. You are all j
invited...
Mayor Suarez: You're talking about 11:00 a.m.
-
Mr. Descalzo: Eleven a.m. will be the parade.
Mayor Suarez: OK, so presumably, one of the things
they need, Mr. Manager,
and I think this should have been done beforehand or
we should have been very
_
clear on it, was the street closure, is that? Or not
street closures?
Mr. Odio: I am very supportive of the street closure.
I...
Mr. Plummer: So move.
_<
-
Mayor Suarers OK, for that entire span of time?
Mr. Odio: Yes, sure, but I... with the controls that
�s
we have on like...
UNIDENTIFIED SPEAKERS Mr. Mayor...
l
Mayor Suarez: Just as to the street closure. You're
not against the,street
closure, are you?
{
}
-
UNIDENTIFIED SPEAKER: No, I'm... if you'll allow me.
ar
Mayor Suarez: I would strongly suggest you get at least that much under' -your
-
belt.
_
Mr. Plummer: I moved it.
Mr. Odio: But, again, with the con...
Mayor Suarez: Moved.
y,
Dr. Alonso: Second.
r aid.
=
Mayor Suarez: Seconded. Any discussion on that?
You're not against that,
either, are you? Call the roll.
—
Mr. Odio: And it's for certain periods of time. Do you want me to put theme at,
y
on the record or...
-
Mayor Suarea: Yes, ch yea,
F =
!!r; Odio: Oh, they're bond by,., follow- the instructions that,or* a Van
-
#cNd # -
Mayor Suarez: Absolutely, you have to...
Mr. Plummer: But the allocation of time is from 9:00 a.m. till 11:00 o'clock.
Mayor Suarez: Eleven, eleven.
Mr. Odio: No, sir, no. There are use of certain streets...
UNIDENTIFIED SPEAKER: We need the... Mr. Mayor, my name is...
Mr. Odio: The parade route is from 11:00 to 2:00 p.m., Flagler Street from
12th Avenue to 17th Avenue. And then from 17th Avenue, from Flagler Street to
S.W. 8th Street. Then S.W. 8th Street from S.W. 17th Avenue to S.W. 12th
Avenue. S.W. 12th Avenue, from S.W. 8th Street to Flagler Street.
Mayor Suarez: It sounds like a loop.
Mr. Odio: It makes a loop.
UNIDENTIFIED SPEAKER: Let me... -
Mr. Plummer: That's the Latin Quarter.
Mr. Odio: And that's from 11:00 to 2:00.
Mr. Ralph Calleja: It is basically the Latin Quarter.
Mr. Odio: The Holiday Fiesta is from 9:00 a.m. to 9:00 p.m., that is a street
festival and it's at West Flagler Street, from loth Avenue to 12th Avenue.
That is a 12-hour span there.
Mr. Ralph Calleja: Basically, for the records...
Mayor Suarez: But, that's not the same weekend.
Mr. Odio: No, that's a separate week.
Mayor Suarez: All right.
Mr. Ralph Calleja: For the records, my name is Ralph
Calleja. I'm a director
of the Latin Chamber of Commerce, CAMACOL, and I'm
also... I'm representing
-
CAMACOL in this endeavor which, as you can see here,
I have the president of
_
the Jaycee of Latin Kiwanis, the Jaycee of Little Havana, the Latin Kiwanis.
_
I have also the Little Havana Development Authority
executive directors, and
this has been a group that have got together and we
decided to make this for
the best of the community. The idea is working for a beginning of a party
that is just the first party in Christmas in the Latin Quarters. The idea is
to bring the all ethnic groups, like:it was stated on the newspaper, to bring
-
everybody over to our area. Now, for that purpose...,
Mayor Suarez: We have no problem with the party to
promote the: area. We've
_
-
closed the streets in the appropriate times. What do
you want? -if anything?
fir,+
Mr. Calleja: OK, what we need is as follow. We wouldneedto have from your,^
resolution to close the street...
—
Mayor Suarez: I think we just did that.
Mr. Plummer; I already moved it.
Mayor Suarez: We got that, we're beyond that.
�r �
_
Mr. Calleja; Secondly, we need to have au authorization
to sell beer sad
r.
,N
wine.
—
Mayor Suarew: Does the Manager recommend?
Mr. Rdios Yes,
r s
Mayor Suarez: I'll entertain a ;notion on that,
5ZIr
WON
_w4,._.
r.:
Mr. Plummer: That authorization, still you must go to the state to get a
permit.
Mr. Calleja: We understand that.
Mayor Suarez: I'll entertain a motion on that.
Mr. Calleja: You provided that advice too.
Mr. Plummer: Who will control the sale?
Mr. Calleja: It's going to be controlled by the Jaycees and the Kiwanis Club.
Mr. Plummer: And you give us...
Mr. Calleja: They are the only one who will be selling on the street.
Mr. Plummer: And you give us assurance there will be no sale to minors.
Mr. Calleja: That is correct, sir. Not only that, but it will not be sold in
bottles or anything like that. It will be in clear cup... _-
Mayor Suarez: You're not preventing the sale of anybody that would otherwise
be selling at that time lawfully in that general area?
Mr. Calleja: That is correct. That's right.
Mayor Suarez: OK...
Mr. Calleja: The other thing is...
Mayor Suarez: Wait, let's call the roll on that and get that out of the
way.
We have a motion on that? Somebody?
Mr. Plummer: Yes, I'll move it.
Mayor Suarez: Want to second?
Mr. Dawkins: Second.
Mayor Suarez: Second. Any discussion? If not, please call the roll.
'
The following resolution was introduced by Commissioner Plummer,
who
moved its adoption:'
RESOLUTION NO. 89-1073
A RESOLUTION CONCERNING HOLIDAY FIESTA FESTIVAL, AND
PARADE TO BE HELD DECEMBER 3, 1989 CONDUCTED BY LITTLE
HAVANA DEVELOPMENT AUTHORITY PROVIDING FOR THE USAGE'
AND CLOSURE OF DESIGNATED STREETS TO THROUGH VEHICULAR
TRAFFIC; ESTABLISHING A PEDESTRIAN MALL SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES; AUTHORIZING A
`
PERMIT TO SELL BEER AND WINE IN CONNECTION VITH SAID
�
EVENT SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED
BY LAW; FURTHER ESTABLISHING AN AREA PROHIBITED. TO
RETAIL. PEDDLERS DURING THE PERIOD OF THE BVXNT;
.CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
� S
SERVICES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here and on
t �k
file is the Office of the City Clark.)
r
Upon being seconded by Commissioner Alonso, the resolution was
d d t d b the follogin Iota: ==SAr.
a
an op e y B
d
b 5*aJ
k
k
b � i�
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT.- None.
Mayor Suarez: Now, if I were you, I would probably, at this point, just sort
of leave it, you're doing so well, but if you want to try something else...
Mr. Callejat We have two others, please, that we need your - to provide that
information to you. The other one is, we need a restriction of retail
peddlers.
Mr. Plummer: So trove.
Dr. Alonsot I second.
Mayor Suarez: I just asked if you were going to restrict anybody who would
otherwise be selling during that time...
Mr. Calleja: Yes.
Mayor Suarez: ...and you said, no. Now you want us to restrict. I'm going
to vote no. Why should you restrict people who are lawfully there with their`
retail establishments all these years?
Mr. Calleja: Oh, OK. What I'm saying by that
are...
Mayor Suarez: Oh, you mean other people on the street.
Dr. Alonsot No, no, no...
Mr. Plummer: No, no, he said peddlers.
Mr. Calleja: ...people coming on the street.
Mayor Suarez.: All right, I'll entertain a motion as to that.
Mr. Calleja: No, no, he said peddlers.
2 '
Mayor Suarez: All right, I'll entertain a motion
as to that. I thought that
was included in the other motion. Do you want
to move it, J. L., or wa,moved
it already?
Mr. Plummerz I did.
,.Has
y
Dr. Alonsot I did, I did.
4
ire-u
Sy 4
Mayor Suarez: Call the roll.
y y z:
r
THE PARAMETERS OF THE ABOVE MOTION ARE INCLUDED IN{�'
RESOLUTION - 89-1073 .
Mayor Suarez: On festivals that you recommend,
Mr. Manager,.put alliths +,that
are non controversial together into one...
s= tij rj
Mr. Odio: It was, it's just he wants...255.
a'
=g,„y.
Mayor. Suarez: ...coherent motion so that we can
pass them. a
Mr. Odic: It's just that they vast mare.F'y
1�
Mr, Oahe j a: Yes.
x
Mayor Suarsa: 8eiore you are courteously asked
to issue, *�
Mr. Oa.:?*:his The other this that we need is piece,,, xwed a gra4t
City ;� to support the cost of +I1 these 4n�k1
>rezcea
t
^v
�
219
Wit; z
F
(Laughter)
Mayor Suarez: We have a laughing box that we use for these purposes.
Mr. Plummer: You know, you're having a hell of a time keeping a straight face.
Mayor Suarez: OK, anything else?
Mr. Calleja: Basically, that's what it is.
Mayor Suarez: OK.
Mr. Jorge Otero: For the record, my name is Jorge Otero. I'm a director of
the Kivanis Club, Miami Latin, and we originally got to get involved with this
project in order to put it together due to our expertise in this type of
events. We've been working on this project for the three -and -a -half month and
we have done a heck of a job putting all the music and all the entertainment,
the parade together. Originally, it was stated to be a small event, and it has
turned out to be a sizable event for the area, and the amount of work put up to
now, volunteer work, done by the club and Jaycees together has been tremendous.
We really appreciate the cooperation of the City at this point. Thank you.
Ms. Ana Maria Justo: If I can just make one comment...
Mayor Suarez: Do we have anything... wait a minute, wait a minute. Do we have
anything in festival policy committee left to allocate? Wiped out. All right,
that answers as to my vote, but if you want to give one last try.
Ms. Junto: I'm Maria Justo, president of Little Havana Jaycees, and what I
think Jorge left out is that we are going to have a kiddy land and we are
attracting the family to that area. It is not a alcoholic consumption that
we're going for...
Mayor Suarez: Only.
_.
Ms. Junto: ...we're going to attract a family for Christmas.
Mayor Suarez: Very good.
Mr. Otero: Excuse me, as Maria's trying not forget to mention that the idea on
this project is not the typical festival that we have where we bring a lot of
people, a lot of drinking and dancing. We are attracting a lot of families.
We have a...
Mayor Suarez: I'll entertain a motion to take away your beer and vine license.
Mr. Oteros Not necessarily, if you don't have that, it kills the party. But
It's a compliment, but we are having a kiddy land, a lot of rides, free rides,4`
by the way, all the rides for the kids and all the things that we're going to
provide, free gifts, Santa Claus, toys is free.
:=
Mayor Suarez: That's the only thing we don't have here today. We don't have a
-
free ride. We don't have any money.
Mr. Plumer: Santa Claus is going to be a "borracho.",
5
Mayor Suarez: We're trying to establish a minimum fund balance in the City of -, k4
Miami, or fund reserve of 66,000,000 and God knows if we're ever going to be.`
L
able to do it, but under an ordinance that we approved today, it will have io -
-,
happen within roughly 45 days of today. And, if not, we're all in violation
Of .,,.
the law up here, I think, as we've tentatively drafted suggested` by
'kr
Commissioner Alonzo.
-
Mr. Plr: Which means next year, we're going to sell the boar and wine,
�
Mayor guise$: OK,
Hr. Lescano: mayor, I would like to...
k;
- -
3 ayor gttaret: es to your festival, do you need streot...c19pur w?
{,
Mr. Lescano: No, not at all.
-- Mayor Suarez: OK.
Mr. Lescano: This is the festival that's going to take place on...
Mayor Suarez: Do you need anything?
Mr. Lescano: Yes. It's going to take place on the Sth to 9th...
Mayor Suarez: Other than money, of course.
Mr. Lescano: In -kind services from the City of Miami.
Mayor Suarez: That's the same as money to us. The only thing that In not, at
least from my philosophy, and sometimes I disagree with my brother Plummer on
this, is a waiver of the use of the rent of the use of a City facility that we
wouldn't otherwise use that day. But, that's not what you're asking for,
you're asking for in -kind services, meaning money to pay police or fire or
whatever.
Mr. Lescano: That is correct.
Mayor Suarez: We don't have it. Do you want to do it... do you need anything
else from us. Unless any Commissioner wants to move and hear your item.
Mr. Plummer: Wait a minute, where's your festival going to be held if it's not
in the street?
Mr. Lescano: Well, the festival, as we held it last year, took place on the
future site of the specialty center. That's across the street from
MacDonald's.
_ Mr. Plummer: But that's our property, you don't have our permission to use
that.
Mr. Lescano: Well, we are requesting, of course, authorization...
Mr. Plummer: Oh, well that's what the Mayor asked you or if you're asking
anything for this Commission.
Mayor Suarez: Yes, let's make sure you get that permit.
Mr. Lescano: Permits and, in other words, the... F
Mayor Suarez: As to the use of our property for Latin Quarter Specialty Center:
acquisition. Did the City recommends this, Frank, you've been working with
them - somebody?
Mr. Odio: Yes, but no money.
Mayor Suarez: I just talked about the use of the land. -
Mr. Plummer: Whoa, whoa, whoa...
4
. i, t
Mr. Lescano: Yes, sure.6
Mr. Plummers The one thing..
Mr. Odiot We'll work...
Mr. Plucimer: Hello? The one thin I want to make damn sure of Ask tbat't-t#e �
provide insurance. ' }
Mr. Odio: Insurance. But he knows that. ar"
Y.. Mayor Suares: OK, Frith'that•proviso, I'll entertain in the form of a mot LOA, "
}K 5
- ; Mr. De Turro s Moveid.
Mayor wares: Moved. -
T'
A U11
il- 6 i_3 -2.
SGq i 4 k?qqi k.
Mr. 'Dawkins: Second.
Mayor Suarez: Seconded.
Mr. Plummer: So, you're not selling beer or wine.
Mr. Descalzo: Mr. Mayor, we already provide the insurance. We already talked
to the City Attorney.
Mayor Suarez: We're not dealing with your festival, we're not dealing with
your Ia. We're glad that you're providing insurance. Maybe you'll provide it
for them and we'll all be happier. Call the roll on that motion.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION No. 89-1074
A RESOLUTION CONCERNING THE LATIN QUARTER HOLIDAY
FIESTA TO BE HELD DECEMBER 8-10, 1989 CONDUCTED BY
LATIN QUARTER HOLIDAY FIESTA, INC., PROVIDING FOR THE
USAGE AND CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC; ESTABLISHING A PEDESTRIAN MALL
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE, RESCUE AND INSPECTION SERVICES;
FURTHER AUTHORIZING THE USE OF CITY PROPERTY AT THE
SITE OF THE PROPOSED LATIN QUARTER SPECIALTY CENTER
CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY
SERVICES ASSOCIATED WITH SAID EVENTS.
(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 J. L. Plummer, Jr. x
Commissioner Miriam Alonso
Commissioner Miller Dawkins
Vice. Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
a ;
Mayor Suarez: Anything else, at your own risk.
_. eh
Mr. Lescano: Well, Mayor, fundamentally - in other words, we needed the in 3�
kind services, the permits of the insurance. As I was distributi111
n -,them
8 �vb
around I heard it and this is something that we need from you. vYy
Mayor Suarez: How much is the cost of your insurance, by the way, just out of.
curiosity? -
Mr. Lescano: Well, we have discussed this with City of Miami and they hags,
don't: know exactly how much it's going to be. I don't -have that; information - „,
available.
Mayor Suarez: If it's a reasonable figure, you know, we have other sources.,'°
Mr. Plummer: No, it's very reasonable, I think a million dollars is like $300
or. something k bR
Mayor Suarex: Ri ht...
t
f , Mr, Plumassrs No.?
A
Mayor Su rsa: but ire have other sourceq .ior$4,# . aa�►C I ,watt yoW stogy b g '
#r to carry out . your �oakival. Marbs next year* a• Your hav+g ,uss. 0 to4� t
_ t you groups can get t0g6th0r 440 have 040 biIgOr 04,
}
4 {
Mr. Plummer: $386.00 a day.
Mayor Suarers And I'm sure we can fund that from my discretionary fund, if
not somebody else's. Anything else? If not, go away forever...
Mr. Castaneda: Excuse me, Commissioners...
Mayor Suarez: Hold your peace.
Mr, Lescano: Let me...
Mayor Suarez: Don't sin any more.
Mr. Castanedas He was requesting a street closure originally.
if he still wants it.
Mr. Plummer: He said no, that they didn't want a street closure.
Mr. Lescano: Well...
Mr. Castaneda: OK.
I don't know
Mr. Lescano: That was considered as 15th Street. In other words, it won't
interfere with the traffic on S.W. 8th Street that's facing the site.
Mayor Suarers Do we have to vote on that, Frank?
Mr. Castanedas Do you want the street closure or not?
Mr.
Lescanos
If you can
vote on that, and we need that for...
Mayor Suarez:
Yes, I'll
entertain a motion.
Mr.
Odios Mr.
Mayor...
Mayor Suarez:
Does that
create a problem?
Mr.
Odio: Did
you check
with the merchants in the area?
Mr.
Lescano:
All of the
merchants of the area, from the areas.
r,
Mr.
Castaneda:
No, the
street closure is between 7th and 8th in 15th Avenue.
It's a side street, it's not a major...
Mr.
Odio: Still we had... =
Mr.
Plummer: Well, that's not the site plan I have in front of me.
Mr.
Odio: It's not what I had. And we had major problems last year. �
Mr.
closing
Plummers Hello? The site plan that I have in front of me shows the
from 7 to 8th Street on 15th Avenue and from Oth Street to 9th Street
—
on
15th Avenue...
Mr.
Lescano: That won't be necessary, Commissioner. In other words, the `on* - '
rA
�;
that -
Mr.
Plummer: Nell, I'm sorry, sir, I'm going by the site plan you o
It
shows the closing of Domino Park and it also - don't tell me no my eyes
_
are
not blind, there's the site plan.
Mr.
Odio: That's not what he agreed to do so I don't know. _
Mr.
Plummer: Sir, -this is what he just handed me and what x'm voting
r:.
Mr.
Odle: Then you should not vote oa that,
�t
w
Mayor Suarea: is there anything *Is*.,.
Hr.
Plug: That's O"atly what 3'm trying to,bring, wt, It y�e1%
y
40 gyp§
drf ;
n
11�
Mayor Suarez: Is there anything also, Jorge, besides the use of the site that
we have acquired for Latin Quarter Specialty Center which we've already voted
on that you need to carry out this festival?
Mr. Lescano: We are as well requesting Mayor and Com<inissioners, $6,000 for
the...
Mayor Suarez: Not money, any street closure or anything else.
Mr. Plummer: So in other words, the only thing we've approved is the Latin
Specialty Center site.
Mr. Lescano: The closure of 15th Street that would...
Mayor Suarez: Avenue,
Mr. Plummer: Yes, but...
Mr. Lescano: ...Avenue. That would be enough, that would be sufficient.
Mayor Suarez: Between?
Mr. Plummer: Did you see it? OK. I'm not blind.
Mr. Lescano: Between 7th and Sth.
Mayor Suarez: For how many hours?
Mr. Lescano: That would be for three consecutive days. Our festival takes
place Friday, Saturday, and Sunday; the 8th, the 9th and the loth.
Mayor Suarez: What hours in those days?
Mr. Lescano: The hours, Friday, will be starting at 5:00 o'clock in the
afternoon through 10:30. Saturday, it will be from 3:00 o'clock in the -
afternoon till about 10:00. And the same hours for Sunday.
Mayor Suarez: I know that stretch of 15th Avenue, I don't know if it would
create a major problem. I don't think it would. So I have no problem voting
for it, just as to that. Between 7th and 8th - 15th Avenue.
Mr. Plummer: I have no problem voting for it, but I was just trying to
ascertain what is actually being for.
Mayor Suarez: That's it, that's all he's asking... That's all you're going s;
to ask for?
Dr, Alonso: Seventh? -between 7 and S.
Mr. Lescano: As I was distributing the presentation, I didn't hear the -part,'.
about the insurance. We need the insurance and we need the police'in-kind
services.
Mayor Suarez: We cannot fund the festival or whatever to the extent of ono L'
cent. I think we've made that pretty clear on the record. Now, .as to the �
street closure. Do we have a motion on it?
Mr. Plummers I'll move it.
` Mayor Suarez: Thank you.
Mr. Plummers Now, that's understood, from 7th to Oth Street only 15th Avenue. a�
Mayor Suaresz: All right, moved and seconded by Commissioner Do Turre, Any
discussion? . If not, please call the roll.
Mr, Plummer{ That,likevise, has the insurance requirements,
ve
TO PARAIOURS OF TH ABQVX M0TJ0 t An YQAMZp AM
14,
b y
224 _ P
Mayor Suarez: Thank you both. Good luck and the parties, consolidate thee,
next year. Maybe we'll actually go to them.
Mr. Plummer: No, I don't want to see them consolidate. I want to see them do
so damn well that we do have one party on Flagler Street and one on 8th Street.
I'd like to see more of them.
Mayor Suarazt Well, I know, but it z... I don't know. I'd like to see them
consolidated. Anyhow, good luck. Do a great job.
Mr. Lescano: Thank you, Mayor, thank you, Commissioners.
Mr. Calleja: Mr. Mayor, excuse me a minute and Lescano. He and I, we have
talked and the idea is for next year to get together and probably do something
as a common group. If I read correctly, what you're implying is that there is
no possibility for the City at this point to provide the in -kind services or
the extra money that we need on both groups.
Mayor Suarez: You read that very correctly.
Mr. Calleja: Then, OK, thank you.
Mayor Suarez: All right. Unless some Commissioner makes a motion, I mean,
we're about to prevent that and preclude that by ordinance.
Mr. Calleja: The problem is that there...
Mayor Suarez: I just want you to know that. This is not —and we're about to
prevent that and preclude that by ordinance, I just want you to know that, this
is not discriminatory, we're not beginning today, we have been doing this, I
think fairly uniformly for about the last six months, but we're about to do it
as of today by ordinance and then we won't even have any discretion, we won't
even have to take any votes, we'll just tell you we can't possibly do anything
with it, but as of today, unless some Commissioner moves it...
Mr. Lescano: Mr. Mayor, could I make a recommendation? I think that as both
groups, we need the in -kind services. We couldn't do without the police and
the various infrastructures.
Mayor Suarez: So now instead of arguing just for you, you are arguing for
both.
Mr. Lescano: Well, I do believe that the area needs the impact of...
Mayor Suarez: Bye bye, Jorge, we can't... we don't have the moneyl I mean,
if any Commissioner wants to move it, I'll entertain it, but I don't hear
`A
anybody moving it.
Mr. Tony Rivas: May I... for the record, my name is Tony Rivas, and I am vice
president of the Latin Chamber of Commerce. As you have seen, these groups
f
have been working very hard, I don't know about the others, but these people
sr
they have been working so hard. I've been seeing for the last three or.four
months, I really please - the Commissioner to reconsider and you can give
{
whatever they can get, we really appreciate it, because they already spent a
lot of money on that particular festival that they are going to have. And they
have bands the have a lot of stuff that , y you may do not know about. I really
>;
like for the Commission to reconsider these people the effort that they have
been making so hard, please.
Mayor Suarez: OK, thank
y you for your comments.
� .
Mr. Lescano: Well, I make the same plea.
Mayor Suarez; Ditto for you, right?
�f
Tt r
Mr. Lescano: Absolutely.
Mayor Suarez: Very good, Jorge. All right, anything else?-Comnissioners
you've heard the appeals, you've heard the needs, you've heard the intersatsx
Mr. Desaalsos Mr. Mayor and Commissioners, for your inform
at the
s.
aua
.. metropolitan Dada County is giving us the two stager that ws had On, oth`sl�
G?•41�,t�r`'a �7 r
225 y = �
;r
s �7y
Flagler and other stage from 12th and Flegler, plus the shoamobile for the
kids. I think that we need something from you. We are not asking too much,
but at least to pay the police, otherwise we have to cancel this Holiday
Fiesta.
Mayor Suarez: Oft, any further discussion on this item? Commissioners,
anybody have any motions, suggestions? If not, we are going on to the neat
item. Item 51, Manuel Vasquez. This is an easy one. This is regarding a
person that is not clearly placed on our agenda.
Dr. Alonso: Let me...
Mayor Suarez: It's Celia Cruz.
Dr. Alonso: Yes.
Mr. Manuel Vasquez: Right, it's misspelled. Mr. Mayor, Commissioner, I
have...
Dr. Alonso: No, go ahead. No, I wanted to make a comment in reference to the
previous item. I think that it should be very clear to the people that
festivals that take place every year, they should be included in the budget
and work around that being included in the budget.
Mr. Odio: We have...
Mayor Suarez: And we have a $200,000 budget up to now and it has been used up
for this fiscal year.
Dr. Alonso: Allow it, exactly, so that they are included in the budget.
Mr. Plummer: It don't work.
®
Mayor Suarez: And we specified that no festival that's been funded in the
past can receive more than 80 percent of the prior year's funding so that we
have at least every year, at least $40,000 new available under that policy.
It's not a bad idea, it hasn't worked, but...
a
—_
61. REFER TO INTERIM STREET CODESIGNATION COMMITTEE REQUEST FROM MANUEL
VASQUEZ TO CODESIGNATE S.W. 8 STREET BETWEEN 22 AND 24 AVENUES IN HONOR f
—�
OF CELIA CRUZ.
_
Mayor Suarez: Yes, counselor.
Mr. Manuel Vasquez: Mr. Mayor, my name is Manny Vasquez, I am here on behalf
of the Children's Cancer CaringCenter, the Latin Chapter. We are , p part of " the
University of Miami and we have had our gala this year and one of the. invited .
'
artists was Celia Cruz, who donated her services up to the tune of almost a
$10,000. I know that...
�dd
;IFS
Mayor Suarez: You almost don't need to tell us that. 11,4
Mr. Vasquez: OK, what I asked...
Mayor Suares: No, no, you almost don't need to tell us that so that we xiil''`;
-
consider favorably naming a street after Celia Cruz. I think we ail know what j
_
she means to this community, so Manny, if I may I' 11 entertain is 'notiom�"to
-
�.
refer this to the Memorial Committee with a favorable recommendation from thIN
Commission as to the naming of a co -designation with all of the other," usual"
restrictions that we've been applying in the past,`aad-I will go" enterta n A '
Mr. De Xurre: Moved.
,
1 0.i
Mr. Dawkins: Second. >s�¢
Mayor Suisrozi Moved and secoadad. Did you mast add aaythia� ` pri®r to4i
.p
Note, at your risk?
226 yr t.
4X dLC x'c 4
Mr. Vasquet:
possible...
No, I wanted you to approve it tonight, but if that is not
Mr. Plummera But may I ask where this designation is...?
Mr. Vasquez: Well, I'd like to see, it would be very nice if it could be on
Sth Street between 22nd and 24th Avenue...
Mr. De Yurre: How about Halissee?
Mr. Vasquez: ... where she performs every Calle Ocho.
Mr. Plummer: But she's already got one, right? She's got it...
Mr. Vasquez: No, she has no street.
Mr. Plummer: No, no street, but she's already got a plaque on a sidewalk.
Mr. De Yurre: She's got a star.
Mayor Suarez: She's got a star.
Mr. Plummer: She's got a star.
Mayor Suarez► You are not asking for a designation as big as Luis Sabines',
are you?
c *;
Mr. Vasquez: No, of course not.
Mayor Suarez: That's the absolute largest that we'll ever do. It's the
second time today that comes up because he brought it up. All right, we have
a motion and a second. Any discussion? If not, please call the roll.
® The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-1075
A MOTION REFERRING TO THE INTERIM STREET CODESIGNATION
ADVISORY COMMITTEE, WITH A FAVORABLE RECOMMENDATION
FROM THE CITY COMMISSION, REQUEST RECEIVED FROM MR.
MANUEL VASQUES TO CODESIGNATE S.W. STH STREET BETWEEN
22ND AND 24TH AVENUES IN HONOR OF CELIA CRUD'.
4
t,41
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following votes r
AIL
AYES: Commissioner J. L. Plummer, Jr. sx
Commissioner Miriam Alonso
r Commissioner Miller J. Dawkins k,
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
sx
j7r NOES: - None.
—� ABSENT: None. 2
Mr. Plumper: Can I ask the Clerk what happened to the old fallacy around barn
of rotated voting? h,
Mr. Hirai: It traditionally has been held that we call.the name of the person'.y' ;,A'
that moved first, except...
w +1 A. M
"
Mr. Plummer: That's not the tradition that I know. The tradition i ka�r
Ms. Hirsis We can prove it with the record, but we 'can chvwo thst.
Mr. Plusmaers I would life to see the rotated vote. 1400't thsl* it!�
that Mr. Do Turco -got', a cked on first every, time, _ �utlsea #� '�► tN �t �� � m"�� ��< .
way.� ,
fN } 'RYe74Y'v.
227
i
8.
Mr. be Yurre: What can I say? I'm easy.
Mr. Plummer: Huh?
Mr. De Yurre: I'm easy.
Mr. Plummer: You're easy?
Mayor Suarez: I won't touch that.
Mr. Dawkins: If you rotate, that means the Mayor doesn't get to vote last
every time?
Mr. Plummer: I'll vote for that, but there is nothing that says in the
Charter that the Mayor votes last.
Mr. Dawkins: OK, great then, no problem.
Mr. De Yurre: Rotating basis.
Mayor Suarez: Item 53 ? Give me one benefit of taking all this heat, of
keeping the "Blue Brothers" and, I don't know what do we call the other
couples? - The odd couple, the Blue Brothers and the odd couple resonably on
target here.
------------------------------
b2. GRANT REQUEST BY MIAMI NORTH -SOUTH GOLF, INC. TO WAIVE GREEN FEES DURING
37TH ANNUAL MIAMI NORTH -SOUTH GOLF TOURNAMENT AT MIAMI COUNTRY CLUB,
MIAMI SPRINGS.
— Mayor Suarez: Item 53.
Mr. Joe Gibson: I'm Joe Gibson and this is Richard Gardner and Lance Gardner. h'
We're here representing the Miami North -South Golf Tournament. This is -the
37th year that we've been sponsoring a tournament.
Mr. De Yurre: Don't we annually waive the green fees?t
Mr. Gibson: Last year...
Mr. De Yurre: Didn't we do that last year?
Mr. Gibson: Yes, you waived the green fees...
t�
Mr. De Yurre: OK you asked for that only
... q... that's what you are asking .;for, "
right?
Mr. Gibson: Well, last year, when you waived the green fees: for us, . we �-Vors,
still left having to take $5,600-out of our pockets and,it would.certainly be
a tremendous help if we could get some kind of discount on carts. ,rs
Mr. Do Yurre: I'll move to waive the green fees and...- +is
Mr. Plummer: Wait a minute, let me ask a question now. You 1wo�ra �bea4us� '
I've supported this ,for 19 years, but I think. the:. question has. got: to °bq ##ked
is, the psrticipants are still paying a green fee .to you?
µ
Mr,Gibaoa: The... ; ,
se
Mr. Plummer: They are paying a fee to you?
Mr. Gi'bsua: They are paying s registration oo. V* dollec t +�` hort�► so u Y
of mousy.. , fi
Mr. Plu+aamers OK, and hour aucb ' is that? How much. do,4hair. p4 �': �� -* ,
1
t fir. Gibson; t of that..
r r
r
l"`vy
e
Unidentified Speakers The pros pay...
Mr. Gibson: No, how much is the registration fee, $115, right?
Unidentified Speaker: Yes.
Mr. Gibson: The $115, and out of that we give prizes and we entertain them
and last year our intake amounted to slightly less than $30,000 and we had to
put $5,600 out of our pockets and even with the waiver of the greens fees.
There was some Concern last year that we weren't utilizing the facility as
much as we should, but we corrected that and we scheduled our social
activities around the clubhouse and that sort of thing this year.
Mr. Plummer: Do we have an audit from last year?
Mr. Alberto Ruder: No, we don't. It wasn't asked last year. I don't think
it's ever...
Mr. Plummer: Well, there has to be an audit.
Mr. Ruder: I don't think it's ever been audited.
Mr. Plummer: Well under the policy of this Commissioner they've got to be
audited. Any monies or any waiver has to be audited. OK, I'm all in favor as
long as you understand,, I think Commissioner De Yurre wanted to make the
motion and I'll second it to waive the green fees. I cannot on the carts, we
pay 4150,000 a year for those golf carts and somebody's got to pay for them.
But, now you understand under the new policy, you would have to be audited
after this event is over, OK?
Mr. Gibson: We understand that.
Mr. Plummer: Mr. Mayor, I'll second Commissioner De Yurre's motion to waive
the green fees.
Mayor Suarez: So moved as to the waive of the fees.
Dr., Alonso: Excuse me, so we are going to vote on the $9,600, or is it a
reduction of 50 percent?
Mr. Plummer: No, no...
Mayor Suarez: The only thing I would be willing to waive...
Mr. Plummier: No, not the carts.
;a
Dr. Alonso: Nothing on the carts. -?
Mr. Plummer: My motion is nothing on the carts, but the waiver of the green "
fees.
Mayor Suarez: Yes, the only thing I am willing to dispose, willing to vote in E'
Yryi
favor of is a waiver of the use of a facility that would otherwise not•"be k
used, so that's it for me. r
4 g..
Mr. Ruder: Well, the green fees are based on the number of players. The fe+e
is 412 per players, those are the winter fees. If" they have 200 pl#ergs, it
would be $7,200 because we aretalkingabout three days. I also want to
>F�
that, that means that
no one else can really use our golf course for those`
_
three days because we
have to virtually close it for this tournament, so
—"
they are waived...
x
Mayor Suarez; Which in turn causes a loan of revenue for us presumably ��
Mr. Ruder; Right, so
{
if you are waiving the green fees, It's based on $12 4,'
.
player, depending on
the number of players, if it is 200, for oxiniplej
would be $7, 200.
i
Mr. 1'lwomer; You'd batter sat and drink a lot so ws +yam get it b±k
the concessionaire.
yp,=
t u
-11 � ,:�,
Mr. Gibsons We expect to. We expect to, and we hope that we can use the
facilities of your Economic Development operation to try to help us get some
private sponsorships so that this will be unnecessary in the future.
Mr. Plummer: Well, if that's possible, that's great.
Mayor Suarez: Sure, private funds are always encouraged. Any discussion on
the motion? Do we have a second on the waiver?
Mr. Plummers I seconded it. victor made it, I seconded it.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-1076
A MOTION GRANTING REQUEST FROM REPRESENTATIVES OF
"MIAMI NORTH -SOUTH GOLF, INC." FOR WAIVER OF ALL GREEN
FEES IN CONNECTION WITH THE 37TH ANNUAL MIAMI NORTH -
SOUTH PRO -AM GOLF TOURNAMENT SCHEDULELD FOR FEBRUARY
14-17, 1990, PROVIDED ALL OTHER RELATED COSTS BE PAID
BY THEM AND THAT THEY BE AUDITED AT THE CONCLUSION OF
THE EVENT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
- NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL%
Mr. Dawkins: You were supposed to rotate it.
Mr. Plummer: I'll pass and think about it! I'll reserve my right to vote. I
vote yesf
63. DIRECT CITY MANAGER TO TRANSFER CONSIDERATION OF ISSUE CONCERNING MIAMI
SPORTS AND EXHIBITION AUTHORITY TO DECEMBER 14TH MEETING (RATHER THAN
DECEMBER 7TH).
Mr. Plummer: Mr. Mayor, let me, if I may, I had requested that the Sports
Authority come back at the next meeting with a report on the three items that
;
I asked. Whatever is necessary, the executive director will be out'.of.towa On -
vacation and I would like to ask that, that be transferred over, Mr. M&nager,'
to the 14th of December rather than the 7th to not break up his vacation.Ot►`,.
the Sports Authority. Thank you.
------------------------- -----------------------------
NOTES AT THIS POINT, THE CITY COMMISSION TEMPORARILY DSFSRS
CONSIDERATION OF REGULAR. AGMNDA ITEMS TO CONSIDER ITEMS 00 T13S
�* � •
PLANNING AND ZONING AGENDA.
---------------------------------a.---------------
+h
NOTE FOR THE RECORD: At this point, Agenda items PZ-1 and PZ-2
are withdrawn.
-------------------------------------------------------
64. SECOND READING ORDINANCE: ZONING TEXT AMENDMENT - SECTION 15, SPECIAL
PUBLIC INTEREST DISTRICTS - ADD NEW SECTION 152001 SPI-20, JACKSON
MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT - PROVIDE INCENTIVIS
TO ENCOURAGE USE OF PUBLIC TRANSPORTATION (Applicant: Planning
Department).
Mr. Guillermo Olmedillo: PZ-3 and PZ-4 are companion items, Mr. Mayor, and
PZ-3 in the enabling legislation and 4 the SPI special public interest
district.
Mayor Suarez: We don't have to reconvene just for Planning and Zoning, do we?
Mr. Plummer: I think we do.
Mr. Fernandez: You have to now.
Mr. Plummer: It's two meetings and we don't comply with the Charter.
Mayor Suarez: OK, this Commission's regular session is adjourned and we are
now reconvened for the Planning and Zoning agenda, PZ-3, thank you.
Mr.
Olmedillo: Thank you, Mr. Mayor. As I said before, PZ-3 and PZ-4 are
companion items. This is the second reading and this is the district around
the
Jackson Memorial Hospital, and what we wanted to do is create a district
in
which parking can be shared among the buildings that are located there.
PZ-3 is the enabling legislation and PZ-4 is...
Mr.
Plummer: Wait a minute. Are we on items what?
Mr.
Olmedillo: PZ-3 and 4.
Mr.
Plummer: What happened to PZ-1 and 2?
Mr.
Olmedillo: They were withdrawn.
Mr.
Plummer: When?
Mr.
Olmedillo: At November...
Mr.
Plummer: Huh?
Mr.
Rodriguez: On the 16th of November.
s
Mr.
Olmedillo: At two o'clock today and the 16th and November, both days.
Mr.
Plummer: Withdrawn by the applicant? ,'
r
Mr..
Olmedillo: The Administration, by the Administration.
M,
Mr.
Plummer: Well, why is it on my agenda?
Mr.
Rodrigues: Because the agenda is the same one that you recoived ire
before. We had a special, sleeting on the 16th in which we discussed thin it++
and
they were both withdrawn at that time.
Mr.
Plummer: Items and 1 and 21'
Mr.
"Rodriguez: PZ-1 4ad-PZ-2 were withdrawn on November loth:
Mr. Plummors All right, so wo are on 37 .
231
a �: n,.
Mt: Olmedillo: PZ-3 and 4. For the record, the Planning Department recommends
approval, the Planning Advisory Board recommended approval on a 6-0 basis on 3
and 4.
Mr. De Yurre: I'll move, Mr. Mayor.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Is there anyone that wishes to be heard against items PZ-3 or
4? Let the record reflect that no one stepped forward. We have a motion and
a second. Is either one an ordinance?
Mr. Fernandez: Both of them are ordinances, they have to be taken separately.
-
Mayor Suarez: Read the ordinance on PZ-3, please. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING
SECTION 15, SPECIAL PUBLIC INTEREST DISTRICTS, BY
ADDING A NEW SECTION 15200, SPI-20, JACKSON MEMORIAL
HOSPITAL MEDICAL CENTER OVERLAY DISTRICT, WHICH
PROVIDES INCENTIVES FOR THE DISTRICT TO ENCOURAGE THE
USE OF PUBLIC TRANSPORTATION; CONTAINING A REPEALER
PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 26, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
- Commissioner Miller J. Dawkins
—_ Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS: None.
r
ABSENT: None.
— THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10672.
— The City Attorney read the ordinance into the public record and
'
announced that copies were available to the members of the City Commission and
to the public.
65. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT - APPLY_ SPh20,
z'f
JACKSON MEMORIAL HOSPITAL MEDICAL CENTER OVERLAY DISTRICT,:;To..,4�REA
GENERALLY BOUNDED BY N.W. 14 AND 20 STREETS, W9TWSEN .N.V,.,7..AND 12
AVENUES, PLUS AREA 300 FEET SOUTH OF N.W. 16 STRUT, BXTBNDING 50 FUT
t
WEST OF N.W. 12 AVENUE TO WAGNER CREEK (Applicant: Planning, Dep3:rtwaaUt�a
Mayor Suarez: Companion item.PZ-4, I entertain -a motion on it.
h"
Mr. De Yurre: Moved.
Mr.,Plummer: Mr. Mayor, you should announce that PZ,II.hap boas 40srrod..
Mayor Suarez:, Just in case anyone is hero on PZ-11, that,(teat has been
Warred. Thank you, Com;missioAar Plummer. Moved. Do we have,*'
t?
Mr. Plummer; Uu 40 I second it. u'
{ $32 r,5
se
s•
1�
E
Mayor Suarez: Seconded. Any discussion? Read the ordinance. Call the roll
AN ORDINANCE -
AN ORDINANCE WITH ATTACHMEMNT, AMENDING THE ZONING
ATLAS OF ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY APPLYING
SPI-20, JACKSON MEMORIAL HOSPITAL MEDICAL CENTER
OVERLAY, TO THE AREA GENERALLY BOUNDED BY NORTHWEST
14TH AND 20TH STREETS, BETWEEN NORTHWEST 7TH AND 12TH
AVENUES, PLUS AN AREA EXTENDING APPROXIMATELY 300 FEET
SOUTH OF NORTHWEST 16TH STREET AND EXTENDING
APPROXIMATELY 650 FEET WEST OF NORTHWEST 12TH AVENUE
TO WAGNER CREEK, (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE 24 OF SAID ZONING ATLAS, CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 26, 1989,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Plummer, the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
—
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10673.
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.
66. DENY PROPOSED FIRST READING ORDINANCE WHICH WOULD HAVE AMENDED THE MIAMI
_
COMPREHENSIVE NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP - by changing
k;
zoning designation of property at 5723 SW 3 Street. (Applicants: Leonard
and Sandra Poole).
Mayor Suarez: Item PZ-5.
Mr. Guillermo Olmedillo: PZ-5 and PZ-6 again, Mr. Mayor, are companion iteaas.
It's a property located on 5723 S.W. 3rd Street. The change is from single
family to multi family. The Planning Department has recommended denial of
4
both items. The Planning Advisory Board on PZ-5 recommended denial on a 9-0
Y
basis and the Zoning Board on PZ-6 recommended denial on an 8-1 basis. I The
Planning Department feels that this is an intrusion. There is a well
established residential neighborhood, single family residential neighborhood'
and this would create an intrusion. It will break the continuity of tbaojandf
4
which has been there for many years. Only the properties which face an 57th
Avenue are the ones that have a different zoning category,, therefore the
Planning Department recommends denial.
a'
Mayor Suarez: Is there anyone that is going to be hoard against the
application of PZ-5? You are on behalf of the applicant, right?
`
Unidentified Speakers That's correct.
Mayor Suares: Have you bona sworn in?' x `
233 ►wc' 30 A��
Z
5r
Unidentified Speaker: Not yet.
Mayor Suarers Are you an attorney?
Unidentified Speaker: Yes, sir.
Mayor Suarez: And you are registered with us as a lobbyist, as we call it
whatever you call it.
Mr. Plummers A registered lobbyist with the City, sir?
Unidentified Speakers I am a registered lobbyist with the City, Commissioner.
Mayor Suarez: OK, would you please swear the gentlemen in? And counselor* is
there anybody else who is going to be heard on this matter?
Unidentified Speakers Perhaps one of the applicants, Mr. Poole.
Mayor Suarez: You clients, possibly? Could you please raise you hand too,
sir?
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: OK.
Unidentif Led Speaker: Mayor and members of the Commission, in making this
presentation, I do not represent a contract purchaser of this property. I do
not represent a seller of this property who is anticipating rezoning or
praying for rezoning in anticipation of a closing. The applicants in this
situation are a group of immediate family members who have continuously
resided on this property for a period of over 60 years. They came to the
City, made their application and were told on each of the occasions they
presented it that the line of demarcation that's represented on that board is
of such unique integrity that it was impossible, it was absolutely impossible
for them to have this property rezoned to permit what they wanted to do with
it. Property if you'll notice is...
Mayor Suarez: What does that mean, if anybody can explain that from our
�
— staff's standpoint if I may interrupt you counselor, what do you mean the line
a
of demarcation is so special or historic, or something?
t
Mr. Olmedillo: If you see a heavy vertical line on the transparency, you will
see that the zoning line, it is a straight line that goes all the way from
Flagler Street almost to Sth Street and...
Mayor Suarez: That's like a mythical line. I mean, there is no real...
nr
Mr, Olmedillo: There's no real boundary, but it...
z
Mayor Suarers What's so magical about that?
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�k+,1
Mr. Olmedillo: Well, the integrity of the line, it is a zoning district line
p y years and this break will create a and it it has been reserved for matt
precedent which will erode away in additional property which is within the
single family residential district."
Unidentified Speaker: Which is ,exactly chat was presented to the appli�caats,
v
that this line, this black line that .appears on the microfiche is of such
� AS` _
integrity that there is no way that anybody could possibly entertain,
providing us with the stoning that we are seeking. Another request, or another,
reason for denying the zoning `ran that by permitting us the rezoning that
we've requested, the burden would be placed on the. saultary _sever systeanl>P�id
r become no -burdensome that any further rezoning into the area *could beams
nightmare, for the City. We addressed the question of the sanitary saver,
x system, hired an engineer who performed an inspection of the avail biw:
services and it is part of, the record from the, pro viouss 1ur►rin ,g shis
zr . determined that the entire +subdivision could basically be rezoned and
six '..-tip#_ the as#ou� t of the ordinary flow.
o` we are ;et�AtrOntsstd i>���� M���
�°��,
the situation where we have thin line of integrity* so we decided tbo ate smrd
going to das�i rasslistiadlly suad honestly Frith
the=_int08rity. that,--,►. #tom s � -
Oth this: line. In grout of you, you have
a map which is a draMi
5
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234
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subdivision. Down the center of the map is 57th Avenue, to the left is the
subdivision we're dealing with, to the right is naturally east of Red Road.
On the map there are 19 separate identifiable locations that do not represent
lands similar to my clients which are contiguous to the zoning we are seeking
to obtain that harbor multifamily dwellings and I want to take the time, if I
might, to identify each of them by picture and also by blowup, so that we can
provide the Mayor and the members of the Commission with an accurate
understanding of exactly how much integrity is really associated with this
line. Starting with number one on the map is a property located at 5790 SW
Sth Street. There are two electric meters on this property. There is a
separate single family residence and a separate house in the back. This is a
multifamily dwelling. There's property at 5837 SW 6th Street. That's item
number two on your map. That is a two-story house that has one stairway
leading to the top half and an entrance on the bottom half. That represents a
multifamily dwelling within this subdivision. Property number three is
located at 5972...
Mayor Suarez: Let me just ask, is that grandfathered in, or that a
nonconforming use?
Mr. Olmedillo: That would be one violation so it might be that they have
vested rights.
Mayor Suarez: But it would in any event would be a nonconforming use, right?
Mr. Olmedillot It would be nonconforming uses, yes, sir.
Mayor Suarez: Hopefully not a violation.
Mr. Olmedillo: Hopefully not, but we are taking notes so that...
Unidentified Speaker: I'll be glad to provide the City with a copy of the
list. That's not the point, it's really not the point. Property number three
is 5972 SW 4th Street. This is my personal favorite because this gentlemen
has not only turned his home into a multifamily residence, but if you note
from the pictures, he's also taken the trouble of labeling the unit numbers
one, two and three! Property number four is 720 SW 60th Court. We don't have
a picture of this particular property, but it has a separate standing building
vita its own separate water heater. Property number five is 711 SW 61st
Avenue. This is a piece of...
Mr. Plummer: 711 is 61st Avenue?
Unidentified Speaker: That's correct.
Mr. Plummer: And what are you trying to prove with something that far away?
Unidentified Speaker: That this piece of property is contiguous to and; within
the line of integrity that the City has identified.
Mr. Plummer: Wait a minute. Is this piece of property not off of Red Road?
Dr. Alonso: And 3rd.
Mr. Plummer: Why is 711 SW 61 Avenue contiguous to what?
b
Unidentified Speaker: 70... this address, 711 SW 61st Avenue is a similarly
situated piece of property in the subdivision and it abuts close to the Trail.
What it harbors or what's housed on that piece of property...
r
Mr. Plummer: But it Is not even close to the property, sir.
Unidentified Speaker: But it's within the subdivision, Commissionesr.plunmer..
t k
We are trying to Identify where this line of integrity stops and whore it
{
starts. This piece of...
xis
Ma or Suarez: If we had a relevant teat bore that wouldn't meet it, but.,,
y
Unidentified Speakers It s not within the area of the line of integrityt #k
i as
Mayor Suavest All right, live ve never even heart of that tom until toda<y�
lines of integrity.
� b �
235
G
Unidentified Speaker: Well, with all respect, Mr. Mayor...
Mayor Suarez: There is a line to which our integrity goes here, but anyhow,
it is not that relevant to us, I don't think and that's what the Commissioner
is implying. It's not that close to it, but, it's the same general
neighborhood, I suppose. What you want to say about it, it is being used
commercially, is that what you want to tell us?
Unidentified Speaker: It is being used commercially in two regards. Number
one, there is an insurance agency in the front and in the back...
Mayor Suarez: We do want to have your list, now that I think about it,
definitely want to have your list.
Unidentified Speaker: ... there is a...
Mr. Plummer: I've already given mine to the department.
Unidentified Speaker: It is used commercially as an insurance agency in the
front and in the back is used as a vending machine company and the...
Mayor Suarez: That's pretty... if that is an illegal use, nonconforming use,
that's pretty blatant.
Unidentified Speaker: They also sell lottery in a drive up window.
Mr. Plummer: They do what?
Unidentified Speaker: They sell lottery tickets at a drive up window.
Mr. Plummer: Is that the legal lottery?
Unidentified Speaker: I have no idea, Commissioner. It's the Florida
Lottery.
Mayor Suarez: All right, we are not going to get into all aspects of the
violations here. It's not necessarily relevant to your change of zoning, but
-
go ahead.
_
Unidentified Speaker: 740 SW 62 Avenue, two buildings on the same lot. I'll
—
move a little quicker. 5974 SW 5th Terrace, there are more than three units
—
identified in that particular house. There is a "For -Rent" sign out in front
for one of the units and they store a commercial dumpster out front. 710 and
712 SW 64th Court...
,u
Mayor Suarez: You know, you might want to make a ' g general statement, I don't
think any of us is going to contest it that there are suite a few properties
in. ,the area which you have a list of, it will be in the record that don't
conform to the single family residential zoning, if that's what you like.
Unidentified Speaker: Well, let me say there are i9...
Mayor Suarez: 19.
Mayor Suarez: ... that we have been able to identify.
a
Mr. Plummer: Mr. Mayor...
*'
Mayon Suarez: Yes, Commissioner.
Mr,h
Plutssers I could ask that at the next meeting that the department Como
r'
back and categorically answer each and every one of those allegations to be�
true or false and if they are true, what you are doing to stop them,,
Mr, Olmedillo: You are talking about the next P&Z...
.,
a s
Mr, Kim—ers Sir, I am talking about the next meeting on the 7th of December,
Mr. Olm Because we have one on the 14th vbtch $0.1,
Mr. Plummer: You got 19, you can send one inspector out there to verify or
deny.
Mr. Oltnedilloz Just clarifying.
Mr. Plummer: That's it.
Mayor Suarez: Guillormo, we know that you are so eager to go out and check
these gross violations that you are going to have them to us by December 7th
anyhow.
Unidentified Speaker: Without going through all of them.
Mayor Suarez: Thank yout
Unidentified Speaker: I'll just go to number 19 on your map and ask you to
please take a look at it. Number 19 is a similarly situated piece of property
that is three blocks south of the subject property and houses a six unit
multifamily residential apartment building.
Mayor Suarez: Do we have an indication of whether that is a llegal
nonconforming use, or an illegal, or what it is?
Unidentified Speaker: Well, the property that this particular building sits
on, in fact violates the line of integrity that we've been so carefully
explaining...
Mayor Suarez: The old line of integrity again.
Unidentified Speaker: The old line of integrity again.
Mayor Suarez: Do we have an indication whether it does so legally or
Illegally?
Unidentified Speakers I don't know.
Mayor Suarez: If it's brand new, I would hope that it was somehow...
Mr. Plummer: Where is this one located?
Dr. Alonso: 57 Avenue.;
t
Unidentified Speaker: This one is 5720 SW 5th Street.
— Mayor Suarez: OK, anything further?
Unidentified Speaker: Pardon me?
:G
Mayor Suarez: Anything further other than the fact that everybody in the
neighborhood is violating the... ?
Unidentified Speaker: Only to say that we filed a application for ai
rezoning. We went through the process in an honest and forthright manner
we were told that this line of this integrity is the basis upon which we .had
to be denied the zoning. The line of integrity does not exist. The basis fox.`;
the denial of our zoning application does not exist, it's that simple, .We'r0'
asking that we get approved on the zoning that we've requested.{
Mr. Joel Maxwells Mr. Mayor, would you please have the applicant giv4 oil - the krm r "
exhibits to -the Clerk please?.
Mayor Suarez: Yes, please, we'd like the exhibits in that Sams exact fQr%
that he's got them there? Not necessarily.
Mr. Maxwell: Yea, sir, those were the ones that ware presented to this b604
Mayon Suarers Those are the ones that have to be part of the record, �
' 'Unidentified Speakers` If .1 can snake *AS other point, the sonina,0#18P+e�40A
a#anRed while our application was peAdine. The xoniuS as it QV.. a*tsis
the one we are seeking approval for, I think to up to 40 units an acre
h6sMbrsrs1sped .n ti, _th+t I've one ie
- 237 x
}
impression that if this application is granted, we are going to construct a 40
unit building. A little bit of simple mathematics I believe gives us the
ability to build an 8 unit building and in all. likelihood a 6. The input that
we've received back from the neighbors is no 40 unit buildings are going up on
this lot.
Mayor Suarez: Now, is there a replatting or some kind of a reconfiguration
being envisioned with this? Aren't there a bunch of different properties
applying here?
Mr. Olmedillo: The application is for two lots which are located just off
57th Avenue on...
Mayor Suarez: Two lots, just two? And how much property do they make up
between the two of them? He's talking about an acre. He was saying 40 per
acre. How much of an acre does he have in those two lots?
Mr. Olmedillo: Two lots should be somewhere between 10 and 15...
Mayor Suarez: They are minimum lots?
Mr. Olmedillo: Ten to 15,000 square feet.
Mayor Suarez: All right.
Unidentified Speaker: It's 9,600 square feet total, it would be .22 of an
acre.
Mayor Suarez: And if he went to the zoning that he is requesting, what would
be the maximum number of units that he could build?
Mr. Olmedillo: He can build 40 units per net acre. That will be about 10
units, about 10 units.
Mayor Suarez: I thought that was Comprehensive Plan standards, 40 units per
acre.
Mr. Olmedillo: Yes, because that will enable them to go for the zoning change
which will allow them to have an RG-2 or an RG-2/5 or 6 which is what will
give them the equivalent intensity to develop what...
Mr. Rodriguez: Mr. Mayor, there are two items before
you. One is an
amendment to the Comprehensive Plan and the other one is
a change of zoning
and he's...
Mayor Suarez: But the kind of thing they contemplate
doing there would AM
require what kind of zoning? - just zoning, forget the Comprehensive Plan.
Mr. Rodriguez: RG-2...
Mr. Olmedillo: RG-2/4 which is..,
a4
Mayor Suarez: RG-2, and that contemplates on a minimum lot
size, if these :arw ,Y
fairly...
Mr. Olmedillo: Of that size, about 10 units.
Unidentified Speaker: It.works,out mathematically..,
d<
n
Mayor Suarez: RG-2 does contemplate that? Or does it
depend on the FAR SF�F
(floor area ratio)? -
'=
Mr. Olmedillo: Well, the FAR is related to it, but the
number of units is
established through the Comprehensive Plan.
x,{
Mayor Suarez: You can have that many?
Mr. Olmsdillo: Yes, air.f
� h
Mayor Suaren: Well, there is really..,
174i4#ntjf i*d Speaker & The : saact mathematice vorke. , ,
230
,R�j�
Mayor Suarers I understand you wouldn't build that many, but that's
Unidentified Speaker: The exact mathematics works out to about 8.8 units and
with green belts and landscape buffers, it will probably be more like 6.
Mayor Suarez: What are you planning to build there even if this were granted?
Unidentified Speakers We have no plans to build anything right this second,
but if they were to build, they would look to build 6 units to 8 units.
Mayor Suarez: All right, anything further? Staff, you are recommending
against, I gather?
Mr. Olmedillo: We are recommending against and just a point of clarification,
the line of integrity, we are just referring to the integrity of the zoning
line, not the line of integrity.
Mayor Suarez: All right, the integrity of the zoning line and the old domino
effect and all the other things we always talk about.
Mr. Olmedillo: And the other thing that I would like to let you know is that
this is not considered a small scale amendment to the plan. This is one of
those that we have to do only twice per year, amendments to the plan.
Mr. Plummer: Yes, but we hold those and do an accumulation of them twice a
year.
Mr. Olmedillo: Right.
Mayor Suarers Yes, we would use up one of the two if we disposed to grant
this?
Mr. Olmedillo: Well, no, not if you... you can do first reading. We send it
up to Tallahassee and then we can accumulate...
Mayor Suarez: Wait till we have more of them, so we would postpone the second
reading? Is that the trick?
Mr. Olmedillo: Right.
Mayor Suarez: Well...
Mr. Plummer: Wait a minute now, hold on. I've got a discrepancy over here
with the City
Attorney. He's telling me that this would be
one of the two for
the year that
we do.
Mayor Suarez:
But he's saying that we could somehow aggregate them and hold
this one pending.
Mr. Plummer:
No, no, no, the City Attorney is saying no, that's not true.
Mayor Suarez:
Well, no, I'm glad that you are pointing out that we'd better"
get an agreement here.
Mr. Plummer:
Hold on.
Mr. Maxwell:
What they are saying is they are accumulating
more than one item "z
on this agenda, so you are sending out more than one at one
time. ex'
Mr. Plummer:
But are you sending this agenda as one time for they year? ..f
Mr. Olmedillo:
It will be one time per p year.
Mr. Maxwell:
Yes.
Mr. Plummer:
So that means only one other agenda can we
do this for in the
entire year.
Mr. Maxwell:
That's correct.
Mr. Olmedillo:
That is correct and the year...
3
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to. fete
wl
Mt. De Yurre: And you would put all these items in one agenda for second
reading?
Mr. Olmodillo: On second...
Mayor Suarez: Yes, how would you do the second reading?
Mr. Olmedillo: Second reading is done after DCA has responded to us.
Mr. Maxwell: You would group them, that's what he's asking .
Mr. Plummer: I thought that we could accumulate up to each individual to the
DCA of 30 acres?
Hr. Maxwell: That's small parcel amendment.
Mr. Olmedillot That is when it is considered small scale, but this particular
one is not considered, is not classified as small scale by the State. The
State rules say that this particular one is not a small scale, so this one
will be one of the two times that you may amend the plan.
Mayor Suarez: I guess we don't have so many requests, huh? Does this agenda
reflect roughly what we expect to be half of all the ones we are going to
receive in the year, or it's just you have no idea?
Mr. Olmedillo: No, because the applications come from people who are t-
interested in changing the zoning, not from the City, so we have no idea.
Mayor Suarez: You have no idea? All right, anyone wish to be heard on this
item? And once again, let the record reflect no one stepped forward. OK, I
didn't know if you were going to have a motion, a favorable motion. Maybe you
wouldn't have to say anything, I don't know, but go ahead. Go ahead, I mean,
we may not have any motion for all I know.
Unidentif ied Speaker: The only point really is that the 6 unit apartment
building that exists on Sth Street was constructed overlapping two lots and a
single family residence was demolished in order to build that building-,
Secondly, the two red lots immediately east of the subject property have
existing duplexes on them. Access to those duplexes is not off 57th Avenue, r
- it is off of 3rd Street.
Mayor Suarez: You know, I have to tell you this... sir, do you want to
address this issue? (COMMENTS IN SPANISH)
Mr. Alfredo Garcia: (IN SPANISH, TRANSLATED BY MR. SERGIO RODRIGUEZ) My name
is Alfredo Garcia.
Mayor Suarez: We need to get him sworn in too.
Mr. Rodriguez: (COMMENTS IN SPANISH)
i r?
Mayor Suarez: (COMMENTS IN SPANISH) Translated roughly, the oath, -Go ahead.
Mr. Garcia: (TRANSLATED BY MR. RODRIGUEZ) 5724 SW 3rd Street. I =' .hers }p
representing 12 more ,people which are owners and that live iA- a,house in';-that
area. We would like the change that is being requested doesn't be approved' -
The neighborhood at this moment is finding itself very quiet and ire live very
well in -that area and we want to make the Mayor and the Commissioners
that if it is possible that you don't approve this request, Thank your =�<.
Mayor Suarez:. OK, anything further? Staff, anyone, Commissioners?
Mr. Garcia: (COMMENTS IN SPANISH)�
y . Mayor Suares: (BRIM W.W N SPANISH) Anything further, =.Comm
notion$, yea; nay? I eras going to say, you'�. ds 'an 3nterestipg cktao �I t#���
-� oa a study of the entire area as to possibly permitting, I don't knQr, Op�aac,
certaiaiy, if we have 'than many A040000ralAg' Urea out-tluro , awl�
g just simply cannot afford to live:' �ri:tbout dupl e, but rv45 it* + � �Ad�ell�uhA
hest os#n8 In +red king fey: thisem e=sort-o �b►it+sr is+ml arad �
,. eaA!t feu 1GLi but hA9B wet. ,#1iw.``studied? ' I mew
40Im
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political campaign where we talked about the fact that there are a lot of
duplexes in the City that are illegal, but people simply need to have, you
know, have more than one family in a unit and they just can't afford to have
_=
lawyers+ as you were able to get in this case and I mean, I sympathize with
the general nature of your request, it just worries me to do on an ad hoc
basis. Couldn't we do a study or something here and consult the entire
neighborhood and see?
-= Mr. Olmedillos We can do a study and bring it back to you to see what the
result is.
- Mayor Suarez: That would be one possibility, otherwise I would have to tell
you that I would vote against it. It would just like be like, almost like
spot zoning, really.
Unidentified Speaker: Mr. Mayor, all of 51th there, between about 2nd and 6th
Street is multifamily residential and they are rented on a continuing basis
from year to year.
Mayor Suarez: Is that also in accordance with the zoning, or is he just
_
talking about the use?
-
Unidentified Speakers The use.
- Mayor Suarez: What kind of zoning is that?
Mr. Olmedillo: RG-2/4, which is the same as they are applying for.
R
Unidentified Speaker: Right, there are no extra housing, there is no extra
=
= housing in that area. I mean, the area is very popular, it is a nice area and
everybody wants to live there.
Mr. Plummer: That isn't what happens. When we rezone it, everybody tears
single family houses down and builds multiple.
Unidentified Speaker: But Mr. Commissioner, this is what I'm trying to get
across to all of you. I may be saying too much, I know. The area is already
doing that. Number 19 there is a brand new building that a building permit
was given for. Bvidentl.j this Commission approved the use of the other lot
= that wasn't on the right side of the line and that's all I'm asking for.
Mr. Plummer: I don't recall that.
Mayor Suarez: Well, one of the things that we are going to need is more
- evidence on all of that. We have no idea, apparently from our staff, as to
,5
- why all these nonconforming uses exist out there, but we don't know if they
are legal, or grandf athered or blatantly illegal or we don't...
Unidentified Speaker: Well sir, I assume that they are legal because, you
know...
Mayor Suarez: We can't go with assumptions. We can't go with assumptions,
that why I'm suggesting a study. Otherwise, I'm telling you for myself that,Ti
vould.vote against it, but I don't know what the rest of the Commission.feela.
e
I kind of understand that we have to consult the community, it's Flagami,.
isn't it generally known out there? Isn't this part of Flagami, properlyi
4 �
known?
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'
Mr. 01meaillo: Yes,
As to whether the want to at least o to duplex and why do
Mayor Suarez:Y 8 p Y
they have to go, why are they seeking something much higher, I mean, It squads
like they are going to...
Mr. Olmedillo: Well, the one of the reasons they've
y got there, to
it i fo the rezoain application is that they either abut a -district .
ar era r B � r
they have 200 feet of frontage, or they hove 40,000 squarol, feet OVUM.
Mayor Suarez: Which is one of the Impediments to Commissioner Aloaso arc
used to talk about, when either one ef.us was here, ono of the iad<�to*
the aver*p . individual with . a small lot, SIAL=10 lot eiae,
that scants to use as a duplex can't even come here sad oak for a *0104 f:. t-
241
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a
because they don't have enough frontage.
code?
Dr. Alof►so: Exactly.
Mr. Olmedillo: Right, or square footage.
Who made up that kind of a tofiifig
Mr. Rodriguez: In that particular case, what is happening is, that you are
trying to avoid spot zoning and because of that you have a rule that you have
to have a frontage or adjacency.
Mayor Suarez: It's only the big guys that can come in for spot zoning then.
Dr. Alonso: That's right.
Mr. Olmedillo: Or when they have adjacency.
Mayor Suarez: Yes, unless you have somehow make a deal with your neighbor or
something. All right. Anyhow, Commissioners, how do you feel?
Mr. De Yurre: I'll make a motion to deny.
Mayor Suarez: Would you be willing to include in your motion to refer for
possible study of the entire area?
Mr. De Yurre: Yes, my concern is that we are talking about residential units
which are homes, single family homes wherein you have people that lived there
for many years and I think you are going to find a trend towards, in that
direction and like this gentlemen was mentioning, it is a quiet neighborhood.
He came to see me about this before and expressed the fact that they have been
there for many years, in fact, when one goes out of town, they give the key to
the neighbor to look out for their property and all that kind of thing, and if
you go into multifamily dwellings, I think that it would tend to detract from
the that kind of character.
Mr. Dawkins: I'm seconding to...
Mayor Suarez: OK, moved and seconded.
Mr. Dawkins: ... uphold the recommendations of the department.
Mayor Suarers Do you include -in your second the referral back for study.of
the entire area which is in the motion? OK, moved and seconded with that
proviso. Any discussion? If not, please call the roll.
b
X
Mr. Plummer: What's the proviso?
Mayor Suarez: To have the modification that we send it for study as to the
entire area.
.tt
Mr. Plummer: Huh? x
Mayor Suarez: That we study the entire area for possible allowance of, in, my p
P P 8 articular case of duplex zoning in some areas there after we consider...
�r
Mr. Plummets Define the whole area.
Mayor e I'm hoping that the will helpus to define the irsa
r where weahave aWlot� of people there that already using- their' homes Y
P P B for- 4
duplexes that otherwise can't live in the City and pay our taxes and God ktsoa►s`
where they are going to end up living.
z,
Mr. Rodriguez: You might also, when you get a report on this on the next r
Commission meeting on the cases that we have around the area, you might`as+art �� __
of define that, it will help you. u
...
Mayor Suarez: Yes, that might help us too. Yes, it is pretty nebulous as,,.
what area we are talking about. I'd like the staff to explore that.
Mr. Plusnsner: go in other woirda, as I understand it themotion to to 404y 4 }
a this application, but to study the area.
-
-����
Y
•
2
Mayor Suarez: That's right. Moved and seconded.
please call the roll.
Any discussion? If not,
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-1077
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO
AMEND FUTURE LAND USE PLAN MAP (MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN) BY CHANGING DESIGNATION OF 5723
S.W. 3 STREET FROM SINGLE FAMILY RESIDENTIAL TO MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL; FURTHER INSTRUCTING
THE ADMINISTRATION TO CONDUCT A STUDY OF THE ENTIRE
AREA TO CONSIDER IF ZONING CHANGES ARE JUSTIFIED.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------- ----
67. DENY PROPOSED FIRST READING ORDINANCE TO AMEND
- ------ - ----- ------
ZONING ATLAS AT 5723 SW 3"
STREET - from RS-2/2 to RG-2/4. (Applicants:
Leonard and Sandra Poole).
Mayor Suarez: And we don't need to handle PZ-6,
or should we go ahead and
entertain it?
Mr. Maxwell: Vote to deny it, sir.
Mayor Suarez: We need a motion to deny PZ-6.
-
Mr. De Yurre: Move to deny.
Mayor Suarez: Move to deny PZ-6. Same reasons in the record. Any}Y
discussion? Do we have a second?
u `
Mr. Dawkins: Second.
Mayor Suarez: Call the roll.
i
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 89-1078
10
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO � tY
f
AMEND ZONING ATLAS AT 5723 S.W. 3RD STREET (FROM RS- h
2/2 TO RG-2/4).
—i
Upon being seconded by Commissioner Dawkins*
the motion was passed,sAd
adopted by the following vote:'
.rt
y
h
9 F
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AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOBS: None. -
ABSENTt None.
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68. (A) FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING LAND USE DESIGNATION AT 1800-1818 S.N. 21
TERRACE FROM SINGLE FAMILY RESIDENTIAL TO OFFICE (Applicantt
Armando Vincente). (Notes This first reading ordinance was
immediately reconsidered - see label 68B.) -
(B) RECONSIDER PREVIOUSLY PASSED FIRST READING ORDINANCE CONCERNING
LAND USE DESIGNATION AT 1800-1818 S.W. 21 TERRACE ((See label
68A).
(C) CONTINUE TO DECEMBER 14TH MEETING CONSIDERATION OF PROPOSED
FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING LAND USE DESIGNATION AT 1800-1818
S.W. 21 TERRACE FROM SINGLE FAMILY RESIDENTIAL TO OFFICE.
Mayor Suarez: PZ-7. Most of these are non -controversial, I hope.
Mr. Olmedillo: PZ-7 and 8 again are companion items. PZ-7 is the plat
amendment and it's going from the single family designation to an office
designation. The Planning Advisory Board recommended approval on a 5-4 basis;
the Planning Department recommended denial. On the zoning item, which is PZ-
8, it's going from a single family RS-2/2 to RO-3/6. The applicant has
submitted a covenant. PZ-8, which is the zoning companion. As I said, the
application is from single family to residential office, and that is
accompanied by covenant which is proffered by the applicant. The Planning
Department recommends denial. The Zoning Board recommended approval on a 6-2
basis. This is located just off of Coral Way and 18th Avenue.
Mayor Suarez: Is there anyone here that wishes to be heard on items PZ-7 or
PZ-8? OK, I guess we first hear from the applicant, then right? All right, s`
get everybody sworn in, Madam City Clerk. Are you the only person that's
going to speak, sir? Please raise your right hand, and so, Tony.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE No. {
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.) "s
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Mr,: Tony O'Donnell: I do. Mr. Mayor and members of the Commission, for the
record, my name is Tony O'Donnell with law offices at 801 Brickell Avenue and
I am representing the applicant tonight, Armando Vincente on; both the matters
before you. As the staff has indicated, both the Planning Advisory' Board and
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the Zoning Board have recommended approval of this application. They've
recommended approval primarily on the basis that the application was amended
from it's original filing, which drew some g, opposition from the Planning staff ,
and also the Public Works staff and we believe that after consultations with
staff and prior to our meetings with those boards, we've amended our
application to meet their concerns, which were basically an Intensification of
use of the property and an intrusion into the neighborhood. This property's .:
problem is that there is insufficient on -site parking to serve the;nesds of jta
existingtwo-story office building. In the experience
y g past, there has been an a erieacs 1
of cars parking in the neighborhood and in front of other cosxnercial buildings w
along Coral Way and 18th Street. The purpose of the application from the y h�
outset was to most that existing need. Let me, if I can, run through the ,
items in the existing situation that we have, based on the s►ap that's before ,
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you. This is an as built survey of the property in question as it exists
today. On the frontage on Coral Way, the north aide of Coral Way is this
existing two -stogy office building. Behind that offloo building is one of the t�
lots that is part of our application tonight that is zoned residential,
has as approved use for parking. What we are asking tonight is to F1406 #, t.
use in the property zoning of RO, which is residential off$asin they
this articular lot that's already built a►ith a parking lot to si lt�rr : tit �
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expand that parking lot onto one lot next door to the one that already is and
serving the existing office building.
Mayor Suarez: Why do you say to the proper zoning? Proper meaning what?
Mr. O'Donnell: This should be the proper... well, the zoning that Mould
conform to the zoning in front of it, to the zoning that it serves. The
Master Plan also would be amended to allow for this type of use, serving an
office use. We're not intending... one of the problems with the RO zone is
that you do not have any transitional special exception or otherwise to allow
under your present zoning code to allow a parking use. We are asking for the
Master Plan and for the zoning change, but we are not asking for any
development rights, that is more floor area, more intensification of the use
of the property, but simply to place on the property additional parking.
Today, the parking is restricted, the access to this area is restricted to the
RO, presently zoned RO zoned here off of 18th Street and off of Coral Way.
This is the restricted ingress and egress into the property, so that the
parking area is self-contained. Our covenant that we have proffered says that
we will take...
Mayor Suarez: 18th Street?
Mr. O'Donnell: Pardon me? 18th Street is here... avenue, excuse me.
Mr. Plummer: Avenue.
Dr. Alonso: Avenue.
Mr. O'Donnell: Excuse me. It's here, this is 21st Street, sorry. Our
particular property as it exists now is self-contained with a wall behind it
and a landscape buffer. We intend to continue that. Our covenant says we
will not use any of the property before you today for purposes of FAR, that is
floor area ratio, for development. We're only going to use it for parking and
it will not be, for instance, we wouldn't transfer that FAR up to the front.
There is going to be no increase in intensification of development of the
property S@Condl we have covenanted that we will h yv 4- th
, a e no access on o e
21st Street to the rear of the property here as it is today, but we will
continue to use this ingress and egress point. We've also in our covenant
proposed that this whole property will be subjected to a unity of title so
that these lots will not be sold off, but would continue to serve the existing
office building on the site.
Mayor Suarers Let me ask a question, Tony.
Mr. O'Donnell: Sure.
Mayor Suarez: As you go down in a westward direction from the property in
question, do you find, Guillermo, similar uses which include both the front
lots and the ones behind it in this fashion?
Mr. Olmedillo: Close by you have the deli, which has a very large building,
but that is a structure. To the west you will find from time to time...
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Mayor Suarez: What's the name of that deli?
Unidentified Speaker. Glorified Deli.
Mr. Olmedillos Glorified. The Glorified, which is an the 19th.
Vnidentified Speakers It doesn't go through, you have to go through the rear."
SIX
Mr. Plummer: That doesn't have parking in the rear.
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Dr. Alonso: Glorified had the house.
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Mr. Plummer: Huh?
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Dr. Alonso: It is a home...
Mr. DavkiAss Glorified haa.,,
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a residence behiad that,T�
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Mr. Olmedillo: Well, I've been corrected, there are residences around in the
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back, but there are areas within the general area.
Mayor Suarez: In the same block?
Mr. Olmedillo: Not in the same block.
Mayor Suarez: Not in the same block? Not in the same block and so basically
in the back lots we have what? - single family residences back there?
Mr. Olmedillo: Single family residences, however this particular one has a
conditional use which was issued some years ago and they are using it for
parking, so they have a legal parking in one of the lots, that I remember.
Mr. O'Donnell: Let me turn to our plan real briefly if I can to try to
—
explain. Our original application was for the three lots that we owned. We
had dropped this lot from our application, so another point is that this
particular lot will be receiving the adverse impact of the expansion of this
parking on the neighbor. It is not being put up against someone else's
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residential lot, so if we rent this for residential or sell it for
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residential, we ourselves will be receiving whatever adverse impact we have,
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but basically we have a real problem in what has existed before when this
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office building was operating and that was in the testimony before the Planing
Advisory Board and the Zoning Board and that is, this a parking strip along
here. This is a paved parking area and people are either using our office
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building or other buildings in the area which tend to be intruding into the
residential area, spilling out even across south of Coral Way, so there is an
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existing need here, and this would, we believe be the best way to solve that
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need not only for our own office building, which requires this parking even
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though we have sufficient under zoning, for our proposed tenants, but also for
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the general neighborhood. In fact, it should decrease the intrusion of
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traffic, commercial traffic, because it's not going to increase the number of
cars, it's going to increase the ability of our property to park those cars
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and keep them on -site, rather than having intruding into the neighborhood, so
we think it should receive a favorable decision on that basis. Because of all
of these things, in general, we believe that the proposal is something that
should be supported as it was supported by your Planning Advisory Board and
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supported by your Zoning Board.
—;
Mr. Plummer: Do we have a copy of the proposed covenant?
Mr. O'Donnell: Yes, air.
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Mayor Suarez: Anything further, Tony? - unless the Commission has any
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questions, which it can always ask on the rebuttal. That's it, air? Oh yes,
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Guillermo, anything you want answered?
Mr. Olmedillo: Just one thing for the record. Our records show that the
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Planning Advisory Board recommended denial to you and I...
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Mr. O'Donnell: No, no, the Planning Advisory Board recommended approval:by,a
vote of 5-4 yesterday.
Mayor Suarez: Please try to gat that clarified while we let the proponents
speak, air.
Mr. John Westbrook: Mr. Mayor, members of the Commloxion, my }name is ,John
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Westbrook, I am the vice president of the Shenandoah -West Little H;vana
Homeowners' Association, and I am here to speak in opposition to'.this item. i
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have with me a petition. I,live at 1623 SW 13th Street.
Mr. Plummer: Are you speaking on behalf of the organisation?
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Mr. Westbrook: Yes, I am.
Mr. Plummer: With their expressed consent and approval.
Mr. Westbrook: Yes. I should tell you, the ores, we era a recently tormsd.
and iucorporated organisation. Our boundariaa- are 12th Avows nn
27th Avsuua on tha mast, Vth 0t4-e01" to the north and joral Wny to .the souhf
so this property to included within our homeowners' association air#I240
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a petition with me signed by 132 residents, most of which are in the immediate
area, in the immediate vicinity of this property, and they are opposed to this
change. My understanding, there has been some confusion on our part as to
exactly what is being proposed. While there is a parking lot there at this
time, my understanding, or our understanding, is that this zoning change Mould
allow them to construct an office building on this site, either three or six
stories, and in any case, ve. are opposed to the change categorically. There
is no area to my knowledge between 17th Avenue and 27th Avenue where the
office construction comes from Coral Way back through to 21st Terrace. The
construction has been limited to the Coral Way side, or the Coral Way half of
those blocks for that entire stretch and a number of other projects, I could
think of one, the Hemisphere Bank at 22nd Avenue, was vehemently opposed for
the same type of reasons and that was subsequently rejected by the Commission.
Mayor Suarez: Thank you, anything further?
Mr. O'Donnell: Yes, I would just like to respond briefly, Mr. Mayor.
Mayor Suarez: Did we get established onto the PAB, how they voted?
Mr. Odio: That is correct, the vote is 5-4 for approval.
Mayor Suarez: OK, anything, last statement, Tony, quickly.
Mr. O'Donnell: I need to rebut. First of all, the covenant, as I explained
to you is not to construct any building back here. The purpose is to serve an
existing use that has created a problem in the neighborhood. The uniqueness
of this application is...
Mayor Suarez: But you have not made a covenant as to maintaining the exact
existing use, have you?
Mr. O'Donnell: Yes, we have made a covenant that this FAR would...
Mayor Suarez: I don't mean that, I mean you haven't covenanted that you are
—
not going to build anything larger on the front lot, have you?
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Mr. O'Donnell: We won't be able to use this FAR to do it. We could. covenant
to that, because it's physically impossible, but we will not be able to use
—
this FAR to transfer to the front. That's the point of the covenant so that
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we...
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Mr. Plummer: But I don't read into the covenant anywhere here where you will
not build on the back.
Mr. O'Donnell: We'll be happy to include that before second reading.y
Mr. Plummer: It's not here.
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Mr. O'Donnell: Well, the intent was with FAR... if you don't have any FAR
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from the development, for the development of the lot, you have no floor area
to put on it, but I will be happy to go further and make an affirmative
obligation not to place any structures other than parking as shown on this
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plan, but the point is that this use is a particularly good type of use,- an
office use for this sort of transitional parking, because it is doing the,..
primarily during the working day, during working hours only. It is not a
commercial use, it's operating over the weekends, in the evenings, etc. when.
people are at home, so in general, the use that we have on here is an office
use, and remember there is commercial to our east and to our west on the
1
block, but this is a residential office block, that we will be able.= to
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accommodate the problems that we caused during the week and we won't be
intruding into these adjoining neighborhoods.This really does most, a a0e:4.
It is not something to try to expand the use. The use is there, ws#ve;1 had
problems with parking and so have the neighbors, and we believe that overall
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when you balance the pros and cons here, we are the onus that will be
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absorbing the impact as immediately adjacent to this property, and i't ready
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willbe a benefit overall to the commercial and to the rasidontsl coaiti+as
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in the area,
Dr. Alonso: I have You have
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some questions. an 4XIsting parking' lot bshw.
the building, the f ir+at one?
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Mr. O'Donnell: Tee, this is the...
Dr. Alonso: It is a legal parking lot, that it is in existence behind the
building?
Mr. Olmedillo: That's correct for one of the lots that they are planning.
Dr. Alonso: One lot, it is a legal parking lot?
Mr. Olmedillo: That is correct, Commissioner.
Dr. Alonso: All right.
Mr. Plunmmers But it's under conditional use, correct?
Mr. Olmedillo: Right, that is conditional use which is... —
Mr. Plummers It is not on the change of zoning, it's a conditional use.
Mr. O'Donnell: But we can't do that anymore.
Mr. Plummer: I understand that.
Dr. Alonso: OK.
Mr. O'Donnell: I 'could have loved to have done it that way, but...
Dr. Alonso: Next to that parking lot you have a residence.
Mr. Olmedillo: A house which is owned by the applicant.
Dr. Alonso: And then the property that follows belongs to them as well.
Mr. Olmedillo: That is correct.
_ Dr. Alonso: All right, is anyone here that lives in that particular area? -
because I know that the area has a serious problem with parking, and the
intrusion of the traffic in the front of the properties and in the entire
area, it is a serious problem in that location. This could be a solution to
eliminate some'of that parking in front of the properties of the rest ofthe
people and it would alleviate this problem as I see it. I don't see anyone 5
here that cares enough about that area to come here and tell us what is'
exactly the situation in their neighborhood. I see one person that lives...`
that represents an organization, -a new established organization, but: a person
that does: not live right there where we can a good feeling, I'd feel much
better if I had an opportunity to talk to some of the people in that area and ti
see hov they feel about this particular problem, to hear from them, is it,
better for me to have this parking and alleviate the situation that is quite h
serious in that area as it is now. I really think that we should move into
that direction, if we can legally do that...
Mr. Westbrook: May I make a comment?
Dr. Alonsoe I'd feel much better to be -able to go that neighborhood, see the ,
property myself and also talk to some of the people. I want to point out that;`
they didn't care enough as to come here today and present...
Mr. Westbrook: But they signed a petition.
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Dr. 'Alonsos Well, that's not an answer, because maybe
y you that are start#ng
a new organization care enough about the rest of Miami that took the tAme t4 _
ask ;for their signature, but= if they didn't care enough about ttuir r
neighborhood, then let it be, because these people also are offsring< a�
solution°to the~
problem of parking in than area, and that,is a fact.: t-,•<<�� --
Hr. Westbrook: May l make a comment?: We -are concerned, let M atate that.
first, there has been some confusion on our �• �., park am to exactly �vb�t
naming change ':could mean, We feel much loss strongly: about,:
pr,opsarly° managed parking that's lasdaoaped .. ,valiod than: re.ems. ,
pcasibil$ty .of CQAatruction on that
properly' Kallpd +mod landscaped and mbintine+d, don't :thy" :
maintained very well for the oA* lot that a existing, huh ion kia►�► � ��Y -_
&roe with you
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Mayor Suarez: Most of that can be included in the covenant. I think most of
it is already included in the covenant.
Mr. Westbrook: Yes, that is our concern. Does this zoning change...
Mr. Plummer: Well, that's what I just ask, if they were willing to put into
the covenant that they would not build on these two parcels.
Mr. Westbrook: OK, does that mean that the zoning would revert back to single
family residents if they request it?
Mayor Suarez: Well, it runs with the land so they would never be able to
change that. They wouldn't be able to change that. Presumably...
Mr. Westbrook: OK, then we have no objections.
Mr. Plummer: Huh?
Mr. Westbrook: We have no objection to that then.
Mr. Plummer: Well, wait a minute, hold on, hold on. One of the things, Tony,
to get my vote that you've got to change, number one, is to put in there that
you will not build on those two lots.
Mr. O'Donnell: Other than parking and the walls and the buffer, yes.
Mr. Plummer: Other than parking and the appropriate landscaping of the you
know, the norm...
Mr. O'Donnell: Which we have in there, the objection of the landscape and
buffer.
Dr.
Alonso: This is what is there now.
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Mr.
Plummer: And the...
Mr.
O'Donnell: That is the house that we wanted
to put the lot on, yes.
Mr.
Plummer: OK, now, the other one that I got
a problem with is what Miller
Dawkins always brings up, and that is the amendment and modification. That
is,
in estimation to get my vote, you've got to delete.
Mr.
Westbrook: We'd like to request that we specify that this be a surface,
parking lot so that...
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Mr.
Plummer: What do you mean, a service?
Mr.
Westbrook: Well, rather than a parking...
Mayor Suarez: Yes, that they are not going to
build a hi -rise, parking lot, k
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two
stories.
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Mr.
Westbrook: ... a six story parking garage.
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Mr.
Plummer: Surface!
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Mr.
Westbrook: Surface, yes.V"`�
Mr.
Plummer: OK.
Dr.
Alonso: Are you willing to do that?
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Mr.
Plumm�pr; I am not in favor in any way of
letting this thing' go: throng# °4 �a�
w2eroin
at any time this matter could be modified in the future. -' It4o got to
be
a Unity of Title, it's got to be infinitum to
get racy vote,
Mai.
O'Donnell s I've got the Unity of Title, Com404044r. i Will i.f.z 7o1 i44
Dportmmnt
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would agree that it to legerl to slo thst, Dom, of the th#ngf j�
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just to xploin, you cmn't delegate your ppwer amAct -year to; t
ol�,�►g� thin.
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Mr. Plummer: 'Wall, I could then put another modification in the covenant for
any reason if it is ever amended, it reverts back to a single family... to
it's previous status?
Mr. Joel Maxwell: No sir, you would have to come...
Mr. Plummer- Why can't I get this here out of this amendment and
modification?
Mr. Maxwell: Oh, you can pull anything out of the covenant, that is an
agreement.
Mr. Plummer: Oh, OK.
Mr. Maxwell: You have an agreement.
Mr. O'Donnell: OK, all right, we'll delete it then if the Law Department says
we can.
Mr. Olmedillo: One suggestion, Mr. Mayor, is that the covenant be reviewed by
the Law Department before it's finalized.
Mayor Suarez: OK.
Mr. Maxwells Mr. Mayor.
Mayor Suarez: Yes.
Mr. Maxwell: Could you please have also specify ,the lots that we are saying
will not be built upon, the specified lots...
Mr. -Plummer: It's specified in the covenant.
Mayor Suarez: Yes, I think that was already added as another covenant
_ provision.
Mr. Maxwell: I'm just saying for purposes of this record, could you specify
those lots?
Mayor Suarez: The lot will not be built on.
Mr. O'Donnell: Lots one and two are being rezoned. Lot one already has the
parking on it, lot two will have similar, or just, you know, an expansion of
that parking. Lot 17 and 18, which are not being rezoned, I have as defined
in the covenant, as being under unity of title.
Mr. Plummer: Well, lot one we're not changing.
_ Mr —O'Donnell: You are not changing its use at all, but you... }"
Mr. Plummer: No, we're not changing the zoning._:
Mr. O'Donnell: Well... L-
Mr. Maxwells That's why I said specify... r
Mr. Plummer: No, no, we're not changing the zoning! There is no need to;
change the zoning. It presently is being used for what he's asking for,
Mr. O'Donnell: All right, you know, if that's...
Mr. Plummer: It's; two that we're talking about, he has withdrawn lot throe,
so the only one we're talking about is, he wants to do on lot two, what he.�s fis
got already on lot one and lot one it doesn't need to be addressed. what 5s
wisdom do you have?
x` Mr. Rodriguez: Well, my only concern in what you are trying to do is whQther tr
he will have any setback problems, you know, by leaving only lot two, zonsd
whether you used to establish an area around the lot so the zoning Will pot"
there will be no adjacency in the future in which they could it was:. ntriagly
use tor... 'zoning •
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Mr. Plummer: Well, he's got setback problems now.
Mr. Rodriguez: He has setbacks, but he doesn't have any zoning setbacks, l
mean he doesn't have any zoning requirements. If he were to have the whole of
lot number two rezoned in the future, they could claim rezoning for lot number
one or lot number three.
= Mr. O'Donnell: Well, we can do that anyway, because we have frontage lots,
lots, but let me try to... _
Mr. Rodriguez: Would you address that, your covenant?
Mr. O'Donnell: Yes, I can address that. The north one, we can have the legal
description. The north one foot of lots one and two would be excluded from
the rezoning and Master Plan, so it doesn't give you that precedent under your
Zoning Code to allow someone else to use that into the neighborhood. In fact,
we have no problem with it. That can be part of any motion less the north one
foot of lots one and two. You already have adjacency here, so it doesn't help
you on three, but three... the only problem with not zoning one as I see it,
Commissioner, is that we will have two different zonings and then you have a
— sort of a wall requirement between the two properties. We don't get any more
rights by having the zoning and Master Plan of the property. In fact, I think
that anything that is being used in a commercial sense probably should be so _
shown on the Master Plan, even if you don't rezone it, but that's a different
issue for a different time. I really don't think you gain any protection
other than coming one foot off of this north lot line.
Mr. Rodriguez: Also on the west side of lot number two.
Mr. O'Donnell: We can do that. I don't... we can do that.
Mr. Rodriguez: Because you don't have adjacency....
Mr. O'Donnell: Yes.
Mr. Rodriguez: ... as you do on the south, but it's not your property.
Mr. O'Donnell: Yes, that's true.
Mayor Suarez: Commissioners.
Mr. Rodriguez: And they are voluntarily proffering that in the covenant.
Mr. Plummer: Very definitely before the second reading. Mr. Mayor, I concur
and you know I have said it's so unusual when people come in here and want to
provide more parking than necessary, that it's a pleasure to hear. Obviously,
the necessary protections are going to be built in here before the second
reading, they would have to incorporate all of that in the covenant, and based
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on that and no immediate objections from the immediate neighbors, I would move
it on first reading.
Dr. Alonso: And I second.
Mayor Suarez: Moved and seconded. Is that a fair statement that you don't
object to what these j provisos and provisions and amendments and covenants and.
so on?14,'
Mr. Westbrook: Yea, if it is a surface lot and if it is landscaped and
walled, proper setbacks, etc.
Mr. Plummer: And no lighting into the neighbors houses and property,
maintenance of the area.
Dr. Alonso: And proper maintenance of the area.ai
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Mayor Suarez: You better put that in the covenant. We have a motion and a
second. Any discussion?
Dr. Alonsos And I personally will see that it's taken care of.
Mayor Suares:s And we are goin$ to have a watcWo$ Co=tnalonAr ohe+�iCln�,.
out. Road the ;ordinance. Call the roll. sk.
25 yr __
1 Flyy 3a
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Dr. Alonso: i'il try to be a...
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 1800-1818 SOUTHWEST
21ST TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE
SUBJECT PROPERTY FROM SINGLE FAMILY RESIDENTIAL TO
OFFICE; MAKING FINDINGS; INSTRUCTING THE CITY CLERK TO
_ TRANSMIT A COPY OF THIS ORDINANCE TO THE FLORIDA
DEPARTMENT OF COMMUNTIY AFFAIRS; AND PROVIDING A -
REPEALER PROVISION, SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Alonso and was passed on its first reading by title by the following vote:
AYESs Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
NOES: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
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:
Mr. De Yurre: I'm going to vote no, and I'm going to vote no because I think
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that this meeting was advertised once before at a different time and date, and
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I think that some people may have been... they may have misconstrued the
timing for this date. That may be one reason why they are not here.
-
Secondly, you see all of those red marks there, obviously there are people
that are opposed to it. There are 12 letters that were sent in against it. I
mean, at this point in time I feel that it is too much of an intrusion into
=
that area. Well, what are we going to say to the next you know, building down
the street when they want to do it along that 21st Terrace, you can't say no,
because the ones next door to it have it already, and I think it sets a bad
precedent at this time, and by second reading I may change my mind, but right
k�R:
now, this is the way I feel at this point in time, and we'll see what kind of
reaction we'll get from the neighbors from here on until second reading.
Dr. Alonso: Yes, I vote yes, the intrusion took place already and I support
the move, a means to resolve a serious problem with parking in the area.
Mayor Suarez: No, for essentially the same reasons that Commissioner De Yurre
=
mentioned. I have a feeling that when your group finds a little bit more
about the procedures here, you might have had a little bit more strenuous
objections and may have been here in person.
COMMEBTS MADE AFTER ROLL CALL:
_
Mr. Plummer: But wait minute, just for the record now, this gentlemen,
representing his group, made the statement in behalf of his group that they
were not in serious or strong opposition if it remains surfaced and it was not
�.
to be used is any way, I've heard that statement, so z don't want it to be
said that Plummer voted against that group, which could have been, but not is
this particular case.
�
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Dr. Alonso: Exactly.'-
n
Mr. Plummer: So for the record sir, would you clarify what you said?
Mr. Westbrook: As Commissioner Alonso pointed
out, there
are not people horle � F
from than neighborhood. This meeting has boon
rescheduled
at least oDne
knowledge. There has also been a number of
changes in
the proposal,,, �rhich '
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252
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- ;= 4r 1r mot" i .li''Y+i'4x y�6.lCWi4 �R
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have been difficult to keep up with. We do not support a change to parking or
rezoning of the other lots. We would prefer to see those lots remain single
family residential; however, faced with the choice of a strong opposition,
with staunch support for the change of zoning from the Commission, as a
compromise we are willing to support a commitment that no commercial structure
will be built on that lot in lieu of...
Mr. Plummers No, no, first is that nothing will be built on that lot but a
surface parking which will not have any access from the avenue or the back
street.
Mr. Westbrook: That's correct. That's what was proposed and you know _
while... as I said, we're... you know, this is something in between what we
prefer. Our first choice would be not to see the zoning change at all,
because this is a residential street with the exception of that one existing
lot, OK? And I'm sorry if I was unclear about that. You know, in the
interest of compromise if there is a clear feeling you know, on the Commission
that this would be an improvement for that area, you know, obviously if it is
used for parking, there is an obvious benefit to that which we can support,
because there isn't enough parking on the street and there is currently
parking in the residential neighborhood. And you know, in the spirit of
compromise, while we don't wholeheartedly support that, I can say that the
majority of the members would feel that, that would be reasonable compromise. —
Dr. Alonso: Yes...
Mr. Dawkins% Are you saying then sir, that perhaps the reason we do not have
more people here in opposition is because of the change of the rescheduling of
the meeting and what have you and that if...
Mr. Westbrook: I know that yes, that is a contributing factor.
-
Mr. Dawkins: Ok, let me see them.
Mr. Westbrook: Our president, for instance.
—
Mr. Dawkins: I'm going to withdraw my...
Dr. Alonso: I'd like to make to a clarification. This was not clear to begin
with. When I started developing my idea, I make it very clear that I wanted
to defer this item or postpone as to give an opportunity to look at the site.
You did not clarify any of these points that perhaps you thought that the
people were not present because we had changes in the different dates, which I
was not aware of. Then, I went on to explain the situation in the area and
areas that I am familiar with and the concerns. You were agreeable to the
point that it is one parking lot in existence in the area. It is a serious
problem with parking in the area. That neighborhood had intrusion already
prior to this vote and the situation had been established in that area. Nov,
I want to... I don't want to change my vote, I will keep it, but I want to
advise you that as president or president of the association...
Mr. Westbrook; Vice president.
t
Dr. Alonso: Vice president, advise the people of the second reading so they
come and make their voices here if they want, whatever position they want to
—
take, if they care to come and let us know, because this way the only -thing
that I have is the knowledge of the area, the fact that there is a parking lot
in existence there, that what I am going to do is only benefit the neighbors
y
by providing extra parking to resolve the situation, by providing the
entrance, not by the neighborhood, but through Coral Way and the side street
which is already in place. There is nothing I can do with that, so I want to
make this very clear for the record and we'll see what happens in the second'
reading.
,
Mr. Dawkins; Mr. Mayor, I move to reconsider.
y
Mayer Suarezi Move to reconsider. I guess we were in the middle of a roll
call, but I guess it is appropriate. Move to reconsider. Do you wont to
#
second to reconsider?,`
{
Mr. Dawkins; I move to reconsider.
253 Noveaw 10 P
ar
.
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F-
� —
s �.
Mr. De Yurre: Second,
Mayor Suarez: Second for reconsideration.
- Mr. Mummer: And has it been stated, the reason for the reconsideration?
Mayor Suarez: Yes, the reason for reconsideration is that I did not have an
adequate picture to make a recommendation on and because of that, I am going
to reconsider, make another motion.
Mayor Suarez: So moved and second. Any discussion? Call the roll on the
motion for reconsideration.
Mr. Plummer: Is it in order for me to ask my colleague what his second motion
would be?
Mr. Dawkins: My second motion would be to deny this until the people who are
in objection are here at the next hearing, and then I could hear from them.
Mr. Plummer: Well...
Mayor Suarez: To defer until then? To continue?
Mr. Plummer: ... we still have, do we not? - the right at the second hearing
to change our vote? Commissioner, I'll vote for the reconsideration, but I
would vote against your second motion because I have the right as well as
anyone else sitting up here at the second reading that has any kind of
objection to say no. Now, you know, I'll vote for... I would never deny you
the right to reconsider, but I would vote against the motion because I think
we have the same vehicle to follow by doing it at the second reading if we
don't like what we see, or we don't like the covenant, or if casts of
thousands come out and scream and hollar and raise holy hell, you know, but
whatever you want, sir.
Mr. Dawkins: OK, well, when I vote to reconsider and you'll be voting against
my motion, I'll just vote to deny it and be done with it.
Mr. Plummer: Well, that's of course your prerogative, sir.
Mr. Dawkins: Thank you. All right.
Mayor Suarez: All right, we have a motion to reconsider and a second. Any
discussion? Call the roll on that motion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
= MOTION NO. 89-1079
A MOTION TO RECONSIDER PRIOR VOTE WHICH ADOPTED A
FIRST READING ORDINANCE TO AMEND THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN FUTURE LAND USE
DESIGNATION OF 1800-1818 SW 21 TERRACE :FROM SINGLE
FAMILY RESIDENTIAL TO OFFICE.
Upon being seconded by Commissioner De Yurre,
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
the motion was passed agd
Zr
ABSENT: NOne. �
11r, Dawkinss All right, scrosabody: make s motion.. �
9
tiaGyor Suarez: We have a motion on the item ' per se, on the
M
j Y
AJk� r�
Mr. O'Donnell: Mr. Mayor, could I make a request that we get a continuance if
the issue is simply whether or not the neighbors want to make their positions
known to the Commission?
Mayor Suarez: That would make sense. That would make sense.
Mr. Plummer: I'll go along with that. That's fine.
Mr. Dawkins: OK, all right, I have no problem with it.
Dr. Alonao: That's what I requested the first time.
Mayor Suarez: OK, move to continue until the meeting of December 14th.
Mr. Dawkins: I'll second it.
Mayor Suarez: Moved and seconded. Any discussion? If not... and please, let
me procedurally, we are not going to have a whole representation of the
applicant's case, just a brief recap, Tony, I don't think we are going to be
influenced any more or less by what we hear then than what we heard today. And
on your side your side you are going to get a procedural advantage by having
two bites of the apple. You'd better have a very discreet number of people to
make very short presentations. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-1080
A MOTION CONTINUING THE DECEMBER 14, 1989
CONSIDERATION OF A PROPOSED FIRST READING ORDINANCE TO
AMEND THE MIAMI COMPRERHENSIVE NEIGHBORHOOD PLAN
FUTURE LAND USE PLAN MAP BY CHANGING THE LAND USE
DESIGNATION OF 1800-1818 SW 21 TERRACE FROM SINGLE
FAMILY RESIDENTIAL TO OFFICE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND =Ct?NDSD DY T }
COMMISSIONER DAWKINS, ITS!!. x-$ WEB CONTINUED TO' = or.
t
DECEMBER 14, 1989 BY '".'` - PLOWING VOTE OF TM15 CO IRBIONs r
255
ILL
Y 3
-
tr,
«F.
AYES: Commissioner J. L. Plummer, Jr.
- Cotimmissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES. None.
ABSENT: None.
DISCUSSION
70. REVERSE ZONING BOARD'S DECISION - GRANT SPECIAL EXCEPTION TO CONSTRUCT
SURFACE PARKING LOT FOR PRIVATE PASSENGER VEHICLES AT 4251-4253 N.W. 6
STREET IN CONJUNCTION WITH THE OCEAN BANK COMPLEX AT 780 N.W. 42 AVENUE,
WITH PROVISO. (Applicant: Ocean Bank).
Mayor Suarez: PZ-9.
Mr. Joe McManus: Mr. Mayor and members of the Commission PZ-9 and PZ-10 are
companion items. PZ-9 is a review of the Zoning Board's denial of the grant
of special exception for an off -site parking lot on the south side of NW 7th
Street across NW 7th Street from the Ocean Bank site. The Planning Department
recommended denial and the Zoning Board had also recommended denial. That was
the purpose of the appeal to you on PZ-9. PZ-10, the companion item is a
proposed amendment to a previously issued major use special permit for Ocean
Bank, which was initially issued in 1985. Purpose of the amendment is to
incorporate three lots on the south side of NW 7th Street and to increase the
parking area by 85 parking spaces on those three lots which are located on the
south side of NW 7th Street.
Mr. Plummer: Excuse me, Joe, did you say that one of them already is... did
you say one of these lots here is already for conditional use?
Mr. McManus: I don't believe so.
Mr. Plummer: In other words, for example, lot four is not in this application or is not being used for parking presently?
Mr. McManus: No
Mr. Plummer: OK.
Mr. McManus: But of course, the Planning Department had recommended denial.
The Planning Advisory Board had recommended approval of 5-4. The reasoning,
Planning Department had been opposed to this was we felt that locating the 85
parking spaces on the south side of NW 7th Street would mean we'd have a
continuing flow of pedestrian traffic across 7th Street, thereby setting up a
pedestrian hazard. Further we felt that the lack of Ocean Bank providing the
85 spaces in their initial development should not be at the penalty of the
residential neighborhood being now forced to accept these 85 surface parking
J,h;
spaces. Thank you.
Mr. Plummer: Did they ask for a waiver when they built originally?
Yx
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Mr. McManus: No, remember, this was a major use permit and the number of
34
spaces was specified by Ocean Bank.
Mr. Plummer: But I'm saying is, on the initial when the bank was built and
_
the garage vas built, did they conform to Code?
Mr McManus: They did yes and then they...
`s
Mr. Pluasor: You know, what we are really looki "
R8 at, gergio, and l bop4 �►au
keep this in mind- we are looking at, of the Irist three applications before
y g parking is inadequate'+st.x#at
w today, that our zonia requirements that ,
wore requiring. tia'r+e not requiring and demanding snough parking tQ .fat thlar
initial permit.
a�
°yqvvOort AA :
v
Mr. McManus:
Well, in our proposed rewrite of Ordinance 9500, we're
—
attempting to
address exactly that point...
-
Mr. Plummer:
I sure hope no.
Mr. McManus:
... an increase to parking requirements.
Mayor Suarez:
Is there anyone that wishes to be heard on this item for
_
=_
against other
than the applicant? Let the record reflect that no one stepped
forward. Did
we get you sworn in? I'm not sure that we need to.
Commissioners,
what's your...
Mr. De Yurre:
I've been looking - you know, surprising, this is pretty much
similar to the previous item that we looked at and yet there is no opponents
-
to this item,
no letters, no nothing, in opposition to what is being proposed.
What is next
on lot 11 and 10 contiguous to those two lots running on 6th
-
Street? Are those empty lots there right now? No, on the 6th Street... those
-
-
two.
—
Mr. McManus:
That's a parking lot for a bank. It faces over on Le Jeune.
Mr. De Yurre:
Those are parking... there is a parking lot already into the
-
middle of the
block?
Mr. McManus:
Serving a bank on Le Jeune.
Mr. De Yurre:
OK. I'll make a motion to move this item.
Mayor Suarez:
Moved.
—
Mr. Plummer:
Whoa. To approve?
Mr. De Yurre:
To approve the application.
Mayor Suarez:
Do we have a second?
Mr. De Yurre:
Who is appealing?
Mr. Plummer:
For purposes of d1scussion, I'll second.
Mayor Suarez:
Seconded.
—
Mr. De Yurre:
OK, to...
Mr. Plummer:
I don't have the owners of this property. Who are the owners of
a
this property?
Unidentified
Speaker: Ocean Bank, Commissioner. -
Mr. Plummer:
What?
Unidentified
Speakers Ocean Bank.
s
Mr. Plummer:
No sir, who are the individuals?
Unidentified
Speakers I'll give you the information in one second.
Mr. Plummer:
It's supposed to be part of the application:
=�a7
Mr. McManus:
Commissioner, I believe on page 11, it's marked on the lower
z "
_
right, page 11,
disclosure of ownership.
Mr. Plummer:
I stand corrected.
i+tip
—
$4 e' r,
Mr. McManus:
I think we've gone through and we've tried to...
Mr. Plummers
OK, they are here.';
Mr. McManus:
... reconstruct that.
t
,ys3-
Mr. Plumm er: OK, now, let toe tell you what I want to do. The only way you
are going to get my vote, OK? - there are a number of things that have got to
be addressed in a covenant which you have not proffered at this point, am I
correct?
Unidentified Speakers We have proffered a covenant.
Mr. Plummer: May I see it?
Unidentified Speaker: If there are particular points... I believe it is part
of the application, but I'll get you a second copy.
Mr. Plummer: Do you have a copy of the covenant?
Ms. Miriam Maer: The covenant was submitted to the department and the City
Attorney's office.
Mr. Plummer: Do you have it?
Ms. Maer:
Mr. Plummer: Well, should have and have is not the same. OK, you tell me if
it's there. Sergio, you got the covenant in front of you?
Mr. Rodriguez: No.
Mr. Plummer: You don't. I'll ask the applicant. Sir, this is for a
conditional use, correct? This is not a change of zoning?
Mr. McManus: The first item is the special exception or conditional use. The
second item is approval of an amendment to major use.
Mr. Plummer: OK. Number one, do you have a covenant, Joe?
Mr. McManus: No.
Mr. Plummer: The only way you are going to get my vote, number one, that this
will be used for employee parking only by a key card.
Mr. Olmedillo: Remember, just for clarification purposes, you may in the
special exception apply any conditions. They don't have to be a covenant.
Mr. Plummer: That's what I am starting to do.
Mr. Olmedillo: So you apply it as part of the special exception.
Mr. Plummer: OK.
Mayor Suarez: As part of his motion, and that's what he's... or the second, I
i
guess the movant would have to approve it then. "
Mr. Plummer: All right, then you Sant me to put it in as far as the motion is
concerned. All right, number one, that this could be used only for employee
parking by key card access. Number two, that the only ingress -egress can be
from -NW 7th Street. Number three, that it be landscaped vithout`:solid walls;
a wall, but not solid. A review in, what's fair, two years? .Two years
fair? - two years from the date of your CO (Certificate of Occupancy), afow `
i 3
that we are doing something for Ocean Bank, what is Ocean Bank going =to� o for '
- the citizens of this community vho*are thinking about -giving them the:rlghtAo t
do such?
4
Mr. De Yurre: Well, before that, I want to understand somethingil What is the s
setback, the front setback that they are going`to have at 6th-=Street?
fi
Mr. Plumanerrs Whatever it is, the norm. �y
R
Mr. De Turret Well, I just want to know,
Mr..Plummors What is the setback; from the 7th Street
7
Hr.-De Turret Prom the 6th Street,
s
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Mr. Plummer: Oh, 6th Street?
Dr. Alonso: 6th Street is the one ...
Mr. 01medillo: For the building it will be ten foot setback, but of course,
not being a building.
Mr. Plummer: No, there is no building, it's...
Mr. De Yurre: As far as parking.
Mr. Olmedillo: Well, typically it is a ten foot setback for RG-1/3 district.
Mr. De Yurre: How deep are these lots, 100?
Mr. Plummer: That's what they look like. They look like they may be a little
more than 50 feet wide.
Mr. Olmedillo: About one hundred and thirty.
Mr. De Yurre: OK, what about the rest of the homes? What kind of setbacks do
they have there?
Mr. Olmedillo: It depends on the time that they were built because the old
ordinance...
Mr. De Yurre: Was it like 25 feet? - 20 feet?
Dr. Alonso: Twenty, 25.
Mr. Olmedillo: Oh, they would be like, anywhere between ten and 15 feet.
Dr. Alonso: All the setbacks but...
Mr. Da Yurre: OK, the front setback.
Mr. Olmedillo: Yes, the front setback.
Mr. De Yurre: Only ten to fifteen? So that would have at least 15 foot
setback as part of the requirement.
Mr. Plummer: Also, as a condition that all parking must be so structured that:
the exhaust of the automobiles does not flow into the reeidential,7_lots. It -
must flow into their own lot. In other words, if you are using the west side, r,
_ those cars must head in and head west so that the exhaust of those cars goes
into the parking lot and not into the residential homes. Nov, the community
is considering helping you, what are you going to do for the community? f,4
cµ_
r
Unidentified Speaker: I'd like. to make one comment to your. conditions,
Commissioner Plummer. They are all acceptable, except I'd like to have. you
consider, regarding your first .point, regarding the employee parking... x;
Mr. Plummer: _ Correct,'
Uaideutif Led; Speaker; We have obtained and.submitted for yourif ilea a=traffic
study which indicates that the. proposal would actually alleviate sose of.= the y�+.
parking problem.•in the area. My suggestion to you ,>sir, is .thgtr .if. we
this as employee. only parking,:; ghat we would in esseace ,. :,be } 4o_1ug,:'-1
increasing the flow in and out oUthe parking lot, specifically at thw time -_
when the parking in that area is most heavy, I suggest...`
Mr, Plummers I understand what you are saying, but I also understood ghat Mr,
McManus said, that if it was parking for in and out all day long ,you've $PL a
pedestrian problem- trying to cross than street back and forth.
p g �mpla�as
parking under normal circumstances is expected to be that they go in by Q;4Q�
o'clock and coaaet out at Ss00 o'clock, Th:tt's the aoxgn a►d there�.:woul� s�ot`Tbe
a constant flow all .day long of pedestrian traffic.,', -
Unidentified Speaker: The number of lots, the psrkind spades st;:40414
included is . tho o lots, I would submit to ," you are such :"40 #gyp : sres s , s► t`} r
{ tgaf ties : or pedestrian flow across that. -strAsts
� '+sue .f, c •ss
Mr. Plummer, Eight -five cars is a lot of... figure two to a car.
Unidentified Speaker: But over the course of a day spread out, it's not, I
don't think, sufficient to Create the problem. If you would prefer, we'll be
willing to create over there and pay for a parking light, a traffic light to
allow for the pedestrian traffic.
Mr. Plummer: But you don't... just because you paid for it, don't mean you
get it. You've heard my conditions, OK? You can accept or reject them and my
vote is hinged upon. Now, again I ask what are you going to do for the
community?
Unidentified Speaker% We would do two things. First of all, is accept all
of your conditions, seeing the wisdom of your point regarding the employee
parking and contribute to the City the sum of $5,000 to be used as the
Commissioners would deem best fit for purposes of benefiting of the area.
Mr. Plummer: OK, that I think is a very fine gesture. That of course is a
voluntary gesture on your part.
Unidentified Speaker: Absolutely.
Mr. De Yurre: Is that per lot?
Mr. Plummer: Huh?
Mr. De Yurre: Per lot?
Mr. Plummer: Per lot? (LAUGHTER)
Dr. Alonso: That would be very nicat
Mr. Plummer: I thought it was per parking space. Mr. Mayor, I would make a
motion at this time...
Mr. De Yurre: I'll incorporate...
Mayor Suarez: Yes, you've made it just to incorporate, now all the other
provisions.
Mr. De Yurre: I'll incorporate it into my motion and you seconded mine.
Mr. Plummer: Oh, I'm sorry, I seconded the motion, with those amendments.
Mayor Suarez: Mr. Movant, do you...,,,,,,'"
Mr. De Yurre: I accept it and adopt it.
€s
Mayor Suarez: Thank you. Any further discussion? Let me just say,
A
Commissioner De Yurre made a statement that had a lot of validity. This is
�,-
very similar to the prior item, except that Ocean Bank has done in that corner
r.
�.
what should have never been allowed and it is a just a... the only word that
�
tz
comes to mind is an abortion, it is just a mess of situationover there now.
r
I presume that by adoring this, we actually ease a little bit off. thetraff3c-, -.
and parking problem, so we are maybe straightening up a situation thatshould
never have been approved in the first place, I don't know, but there is, a;
little difference. Anyone who has driven by that corner and has tried'to park'
at this facility knows what a disaster it is and that maybe will teach us in
the future to avoid those variances or rezonings.'
4
Mr. Plummer: Mr. Mayor, the City Attorney has a problem that I think we need
4z,�w
to resolve.'.
Mayor Suarez: Miscarriage, not an abortion.
Ms Maer: Thank you. I understand that this, because of the major up#
special permit is treated as required parking under the major use -special
permit, therefore I mould suggost that you provide as one of your oaaadttio*s
that is the event that any or all of this parking provided hero cesoeo to ,
used as parking, that they notify the City Imoiatply, they' praito r
equivalent parking immediatoly in a site plan and is _a place 40bJ09 to Abe x
approval of the Planning Department.
r
260 ,
...ln,x
W
Mayor Suarez: We'll build that into the motion and second?
Mr. Plummets Sure.
Mayor Suarezt OK, any further discussion? If not, read the ordinance. Is
there an ordinance?
Mr. Plummer: There's an ordinance, read the ordinance.
Mr. Olmedillo: No.
Mayor Suarezt No ordinance?
Mr. Plumnert There is no ordinance.
Dr. Alonso: No ordinance.
Mayor Suarez: Call the roll on the resolution.
Ms. Hirai: Commissioner De Yurre wants to be shown as voting with the motion.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-1081
(NOTEt AT THIS POINT WE WILL INSERT THE TITLE OF
RESOLUTION YET TO BE DRAFTED BY THE CITY ATTORNEY'S
OFFICE INCORPORATING THE CITY COMMISSION CONSENSUS ON
THIS ISSUE. THE BASIS AGREEMENT CAN BE SURMISED AS
FOLLOWS: REVERSING THE DECISION OF THE ZONING BOARD
THEREBY GRANTING SPECIAL EXCEPTION TO CONSTRUCT
SURFACE PARKING LOT FOR PASSENGER VEHICLES AT 4251-
4253 N.W. 6TH STREET IN CONJUNCTION WITH THE OCEAN
BANK COMPLEX AT 780 N.W. 42ND AVENUE WITH PROVISO.)
(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 votes
— AYES: Commissioner J. L. Plummer, Jr.
_ Commissioner Miriam Alonso
}
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
x
NOES: None.
#
ABSENT: None.
- 71. AMEND PREVIOUSLY APPROVED MAJOR USE SPECIAL PERMIT FOR OCEAN BANK (AKA
Vy
LEJEUNE CENTRE) AS PROPOSED BY OCEAN BANK - INCORPORATING LOTS 3,.12 &
13 INTO PERMIT PROVIDING ADDITIONAL PARKING SPACES (Applicant: Oceaa
Bank)
-
f4 =
=.
Mayor Suarez:
PZ-10, amendment of
major use special permit companion item, I,Y
-
entertain a motion on it.
Mr. Plummer:
Move it.
=;<
Mayor Suarez:
Moved.
�'nX -
Dro Alonso:
I aecond.
sd
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Mayor Suarez: Seconded. Any discussion? If not, please tall the roll on PZ=
10.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-1082
A RESOLUTION WITH ATTACHMENT, AMENDING A PREVIOUSLY
APPROVED MAJOR USE SPECIAL PERMIT (RESOLUTION NO. 85-
331; MARCH 28, 1985), PURSUANT TO ARTICLE 28,
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, FOR THE LEJEUNE CENTRE
PROJECT (A.K.A. OCEAN BANK) LOCATED AT 780 NORTHWEST
42ND AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN), BY
APPROVING, WITH CONDITIONS, OFF -SITE PARKING ON NON-
CONTIGUOUS LOTS IN TRANSITIONAL AREAS, BY AMENDING
FINDINGS OF FACT; BY INCORPORATING AND PROVIDING AN
ADDITIONAL 85 PARKING SPACES ON OFF -SITE LOTS LOCATED
AT 4262 NORTHWEST SEVENTH STREET AND 4251 NORTHWEST
SIXTH STREET, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED AS LOTS 3, 12 AND 13, BLOCK 1, GOLF COURSE
PARK (43-3) IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; INCREASING TOTAL PARKING AVAILABLE FOR THE
PROJECT TO 1145 SPACES FROM 1060 SPACES; BY MODIFYING
THE SITE PLAN; AND INCORPORATING THESE FINDINGS IN
CONCLUSIONS OF LAW. _
fi
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) t
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 ,
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre J
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.;
-------------------------------------------------------- ; a
NOTE FOR THE RECORD: AGENDA ITEM 11 WAS CONTINUED.
-------------------------------------------------------
------------------------------------------------------- 'f
NOTE FOR THE RECORD: AT THIS POINT PZ-13 AND PZ-14 WERE TABLED.
-------------------------------------------------------
262
72. DENY PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE —
NEIGHBORHOOD PLAN/FUTURE LAND USE PLAN MAP CHANGING LAND USE DESIGNATION
AT 3230 VIRGINIA STREET FROM DUPLEX RESIDENTIAL TO HIGH DENSITY
MULTIFAMILY RESIDENTIAL (Applicant: American Realty International, Inc.)
------------------------------------------------------------------------------
Mayor Suarez: PZ-12.
Mr. Olmedillo: PZ-12 is an application for a plan amendment that seeks to
amend the plan from duplex residential to high density multifamily. This is
for a church building which is located at 3230 Virginia Street in Coconut -
Grove, the intersection of Oak and Virginia, southwest corner and the Planning
Department has recommended denial, the Planning Advisory Board has recommended
denial on a 6-1 basis. We considered it does not meet the criteria for a
change and also to notify you that this is not a small scale amendment so it's -
the same type of case that we had with three and four, or I should say, five
and six, sorry.
Mayor Suarez: Anything from the applicant, appellant?
Dr. Alonso: No.
Mr. Plummer: Nobody's here for the applicant?
Mayor Suarez: On PZ-12, American Reality International, Inc., sample of
Holland & Knight? I
3
Mr. Plummer: Nobody here? I'll move to deny.
Mayor Suarez:. Wait, wait! Nobody here? All right, move to deny? Or did you
want to move to continue?
Mr. De Yurre: I'd rather move to continue. They has got to be a reason why
they aren't here!
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Wait, wait, we have opponents. Wait, we didn't know we had
opponents. I should have asked. We have people who are in opposition to this
application and presumably he's involved in that, McMaster, in opposition to
the continuance.
Mr. De Yurre: How many people are here on that item?i
Mayor Suarez: How many people are here on PZ-12? What's Fitzsimmons doing?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: He's involved in that too?
-
Mr. De Yurre: OK, then, I'll second the motion to deny.
Mayor Suarez: All right, moved to deny and seconded. Any discussion?
If
not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved '
its adoption:
MOTION NO. 89-1083
`
f
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE TO
AMEND TITS MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN FUTUM
N
LAND TJSE PLAN MAP BY CHANGING THE LAND USE DESIGNATION
OF 3230 VIRGINIA STREET FROM DUPLEX RESIDENTIAL TO
-,
HIGH DENSITY MULTIFAMILY RESIDENTIAL.
.:
Upon being necosdsd by Commissioner De Yurre, the motion van -passed
*40
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adopted by the toilowing vote
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263 mQVembaF 300 Gr
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AYES: Commissioner J. L. glummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
73. DISCUSS AND TEMPORARILY TABLE APPEAL BY CORAL GATE HOMEOWNERS
ASSOCIATION OF ZONING BOARD'S GRANTING OF SPECIAL EXCEPTION TO CONSTRUCT
SURFACE PARKING WITH THE PROPOSED VARADERO SUPERMARKET AT 3260 CORAL WAY
(See label 77).
Mayor Suarez: PZ-15 is the applicant is Coral Gate Homeowners' Association.
Varadero will be represented by counsel, obviously, and be on the supporting
side of the rezoning. Who is going to be speaking on behalf of Coral Gate
Homeowners?
Mr. Kevin Orr: Mr. Mayor, my name is Kevin Orr, I have offices at 55 Ocean
Lane, 150 West Flagler. I and Mr. Bob Valledor, as president of the
Homeowners' Association will be speaking on behalf of the association as well
as the residents of Coral Gate.
Mayor Suarez: All right, and what I wanted to ask you procedurally counselor,
is are you basically going to do the entire presentation on behalf of the
opponents? - the applicant?
Mr. Orr: Well, we would like to have some of the residents come in on behalf
of the appellants.
Mayor Suarez: How many do you have that will be scheduled to speak? and can
you limit to a couple of minutes each? Because if not, we will do it.
Mr. Orr: I think we'll have seven, Mr. Mayor.
Mayor Suarez: All right, if you have as many as seven, we'll have to limit
it to two minutes, all right? And make sure you've identified them, because
we need them to be sworn in. How about on the supporting of the rezoning Al?
•:
Mr. Al Cardenas: Yes, for the record,
S
Mayor, on behalf Varadero Supermarket,
my name is Al Cardenas with offices at
1221 Brickell Avenue we will have about
six, perhaps seven speakers.
Mayor Suarez: OK, we'll limit them all
to the two minutes per in accordance
with the Code, but your own presentation, obviously can be longer than that,
and would you...
Mr. Cardenass We have, of all of those
speakers, that is not a problem, we do -
have one expert witness who won't spend
much more than that. r'
Mayor Suarez: I understand.;
Mr. Cardenas: It will be within that range.
—
Ta
Mayor Suarez: We'll be flexible on the expert witness. Would you make stun
that you identify them so they could
be sworn in please, at this point, as
with yours Kevin, counselor.
,.
Mr. Orr: Yes sir,
`
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P
Mayor Suarew: Raise our hand those
y y ,
of you thatexpect to te+�tifi►.' too
we'll gat a show of hands for all those that are supportive of'* ther
but is this case, really only for
.si+d��
those that are `going to 3bs` `otunr T?
testifying. (BRIEF COBS IN SPANISH)
OK Mad4m City Clork, i, 41 x
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(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mayor Suarez: Thank you, and then you begin.
Mr. Bob Valledors Ladies and gentlemen of the Commission, I'm Bob Valledor, I
live at 3324 SW 20th Street. I am the president of the Coral Gate Homeowners'
Association. We have a visual presentation, which we'd like to present to you
and we are going to ask for your... asking you to give us about two seconds,
about 30 seconds to set up, if that's all right.
Mayor Suarez: You got 25 seconds. You know, one of the prior presentations
that was made here tonight was perfect, because they had a stand right here
with a big drawing that was hiding Fernando from me, so... couldn't we get
that back?
(THE ITEM WAS TABLED)
74. SECOND READING ORDINANCE: AMEND CODE SECTION 62 - ADD NEW ARTICLE IX
(URBAN DEVELOPMENT REVIEW BOARD) - PROVIDE FOR ESTABLISHMENT,
MEMBERSHIP, FUNCTIONS/POWERS/DUTIES, AND PROCEEDINGS - TO FORMALIZE
URBAN DEVELOPMENT BOARD RECOMMENDATIONS TO PLANNING DIRECTOR CONCERNING _
ISSUANCE OF CLASS C SPECIAL PERMITS IN CERTAIN DISTRICTS - RESCIND
RESOLUTIONS 42762 AND 75-1070.
Mr. Dawkins: I'd like, while they are setting up, Mr. Mayor, I've got a
resolution.
Mayor Suarez: Yes, and you might, I also have a point Commissioner De Yurre
on 13 and 14, Planning Department items.
Mr. De Yurre:
They got
13 - justIt's a matter of approving them, I believe.
Mayor Suarez:
Are those
totally non -controversial...?
3
Mr. Olmedillo:
They
are, these are second readings, 13 is the Urban
Development Review Board
and we did as we were instructed.
y
Mr. De Yurre:
Yes, I move 13, Mr. Mayor.
Mayor Suarez:
So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded, any discussion on 13? If not, call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AHMED, BY ADDING A NEW
ARTICLE IX, URBAN DEVELOPMENT REVIEW BOARD, SECTIONS
62-83 THROUGH 87 TO PROVIDE FOR ESTABLISHMENT;
MEMBERSHIP; FUNCTIONS, POWERS AND DUTIES, GENERALLY,
PROCEEDINGS; URBAN DEVELOPMENT OFFICER AND APPEALS
h
FROM DECISIONS; ALL TO FORMALIZE THE URBAN DEVELOPMENT
=
REVIEW BOARD, WHICH MAKES RECOMMENDATIONS TO THE
PLANNING DIRECTOR PERTAINING TO THE ISSUANCE OF CLASS
C SPECIAL PERMITS IN CERTAIN ZONING DISTRICTS; AND TO
RESCIND RESOLUTIONS 42762, SEPTEMBER 6, 19710 AND 75-
c
1070; NOVEMBER 24, 1975; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 26,
1909, `
was taken up for its second and final reading by title and adoptiQa.
Qn
motion of Commissioner De Yurre, seconded by Commissioner Hawkins,
t w
Ordinance was thereupon $iven its second and final reading by title and pas6ed
and adopted by the following vote:
245 ►#e
{
AYES. Commissioner J. L. Plummer, Jr.
-' Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Question, Urban Development Officer, who is he?
Mr. Olmedillo: That will be appointed by the Planning Director to assist...
Mr. Plummer: How much is he going to cost?
Mr. Olmedillos Nothing. It's one of the employees of the Planning
Department, one of the planners.
Mr. Plummer: And this man will have the right...
Mr. Olmedillo: Or woman.
Mr. Plummer: Or woman...
Dr. Alonso: Good.
Mr. Plummer: Appeals from all decisions?
Mr. Olmedillo: No, the Planning Director is the one that makes the final
decision through a Class C special permit, which is the administrative permit
which you are familiar with. s
Mr. Plummer: OK, but what will this man be doing?
Mr. Rodriguez: Help to conduct the meeting, that's all, provide information
and .so on.
t _
Mr. Plummer: One more layer of government. I vote yes.
Mayor Suarez: Thank you.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10674.
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.
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75. SECOND READING ORDINANCE: AMEND CODE CHAPTER 14 (DOWNTOWN DEVELOPMENT),
SECTIONS 14-71 (TRAFFIC CONTROL MEASURES) AND 14-72 (ENFORCEMENT)
MODIFY GENERAL REQUIREMENTS FOR TRANSPORTATION CONTROL MEASURES RELATED
TO NEW DEVELOPMENT REQUIREMENTS FOR LARGE SCALE DEVELOPMENT, ETC.
Mayor Suarez: Is the other one equally non -controversial as long as we are on
it?
Mr. De Yurre: Moved. Move 14, Mr. Mayor.
Mr. Dawkins: Second.
Mayor Suarez: PZ-14 moved and seconded. Any discussion? Call the roll. _
AN ORDINANCE -
AN ORDINANCE RELATING TO DOWNTOWN DEVELOPMENT,
AMENDING CHAPTER 14, ENTITLED "DOWNTOWN DEVELOPMENT," _
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
SECTION 14-71, ENTITLED "TRAFFIC CONTROL MEASURES" AND
SECTION 14-72, ENTITLED "ENFORCEMENT" BY ADDING OR
MODIFYING GENERAL REQUIREMENTS FOR TRANSPORTATION -
CONTROL MEASURES RELATED TO NEW DEVELOPMENT; PARKING
REQUIREMENTS; AIR QUALITY REQUIREMENTS; LARGE SCALE
DEVELOPMENT REQUIREMENTS; SPECIAL PROVISIONS; AND
PROVIDING FOR ENHANCED ENFORCEMENT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of October 26, 1989,
was taken up for its second and final reading by title and adoption. On 1-
motion of Commissioner De Yurre, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed f
and adopted by the following vote: i
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso a
Commissioner Miller J. Dawkins }
Vice Mayor Victor De Yurre #
Mayor Xavier L. Suarez
NOES: None. a
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10675.
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. rf
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------------------------------------------------------- tt
NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS
CONSIDERATION OF PLANNING AND ZONING ITEMS.
------------------------------------------------------
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a' 16. AUTHORIZE DONATION OF 30 BICYCLES TO METROPOLITAN DADE CORRECTION AND a
=: REHABILITATION DEPARTMENT FOR DISTRIBUTION TO UNDERPRIVILEGED CHILDREN
<i
DURING CHRISTMAS SEASON.
z
Mr. Dawkinst Mr. Mayor, I have a resolution I'd like to offer.
Mayor Suarez: Commissioner Dawkins.
_ Mr. Dawkinst (AT THIS POINT, COMMISSIONER DAWKINS READS RESOLUTION
PUBLIC RECORD. SEE R-89-1084 HEREINBELOW.)
Mr. Plummer: Thirty-five what?
Mr. Dawkins: Bicycles.
Dr. Alonso: Bicycles.
Mr. Plummer: Oh.
Mayor Suarez: Motion made...
Mr. Dawkins: I so move.
Mayor Suarez: ... and seconded.
Mr. Plummer: Are they going to take them off that boat with 300 in the river?
Mayor Suarez: Motion made and seconded, right? Please, somebody. Call the
roll. Yes, De Yurre seconded it. He's got his back turned, so, make sure.
The following resolution was introduced by Commissioner Dawkins, who '
moved its adoption:
RESOLUTION NO. 89-1084 "
A RESOLUTION AUTHORIZING THE DONATION OF 30 BICYCLES F
TO THE METROPOLITAN DADE CORRECTION AND REHABILITATION
DEPARTMENT FOR DISTRIBUTION TO UNDERPRIVILEGED t_
CHILDREN OF THE MIAMI COMMUNITY DURING THE CHRISTMAS
SEASON.
(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
aad adopted
by the following vote:
AYES:
Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso;
Commissioner Miller J. Dawkinsrk$
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez`x
NOSS$
None,
`ASSENT t
None.
------------ w--------wow•--------..f-�1��1�1��w�wrwt��wifl��.ew�w�
B10TR:
AT THIS POINT, THE CITY COMMISSION
TBMPORarLY RESMB
ITWS
ON TU PJAMING AND ZONING AGINDA.
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------------ ---------- -------------------- -=-------------------- w------- .... �..�
77. (Continued discussion) GRANT APPEAL BY CORAL GATE HOMEOWNERS
ASSOCIATION - REVERSE ZONING BOARD'S DECISION TO GRANT SPECIAL EXCEPTION
TO CONSTRUCT SURFACE PARKING IN CONJUNCTION WITH VARADERO SUPERMARKET AT
3270-90 S.W. 21 STREET AND 2101 S.W. 33 AVENUE (See label 73).
..-------_------ -------------------------------------------------
Mayor Suarez: All right Bob, yes, we gave you 30 seconds and ended up doing
three items. Go ahead.
Mr. Bob Valledort Mr. Mayor and Commissioners, we are going to distribute to
you right now several notebooks,
Mr. Plummer: And you expect us to read all of that before...
Mr. Valledor: No sir, basically, it's summarized on the front cover. It
says...
t
Mayor Suarez: Yes, we tend to vote on the inverse of the size of the
documents received from that particular group.
Mr. De Yurre: On the weight of the evidence.
Mayor Suarez: Right.
Mr. Orr: Mr. Mayor, while the books may look imposing, what they actually
represent are the actual signatures of the residents who oppose... not
necessarily Varadero Supermarket, but oppose the encroachment of commercial
parking lot into their residential neighborhood and that's what they
represent... the substance is the signatures that are verified of the
-`
residents.
Mayor Suarez: Well, all right.
Mr. Valledort Basically you have 715 residents who live within the Coral Gate
subdivision and they represent 410 homes out of the 466, or 88 percent of the
neighborhood that is opposed to the taking of the four homes in question for
parking. If you go through the letters, you'll see that they are there and
all the letters say they are opposed to any change in the use or the status of
-
those residential lots to anything other than residential. We are not opposed
to the supermarket. We have never been apposed to the supermarket. Each of
you have been supplied with a position paper and that position paper gives our
4
position and in there it says we are not opposed to the supermarket and
=�
that's the way it's been from day one. You have being set up in front of you
an enlargement of the as What you have in front of you in an
enlargement of the insert of the notebook, on the first page and you also.have
an enlargement of what's on the wall right now.
Mayor Suarez: And you know, I don't know what you hope to illustrate that we
'.
don't already know, but I mean...
Mr. Valledor: OK, the items in -green are the homes that are represented by
the signatures in the book that you have. The items, the four houses In pink
N�
on the bottom are the homes in question... One of the items that I am going to
s}�'
ask you to look at as you go through your notebook`
you can -.sae it,
Varadero Supermarket has a depth of 304 feet and this is unusual in that,yft
normally on Coral Gate or Coral Way you have areas that have 100 foot or.100'
feet of -depth and transitional use originally was intended to,provl.de'=400t
#"
relief to those types of proportion. This gentlemen, arVaradero Bupesmar�ota
s,=
—
has 304 feet of the smallest shallowest area to build: on, twice tho norw.'
size. The other side that he has is approximately 345 feat_and one po3At,that
I want to oak and have clarif led is that I: want to make sure that ,,tbiw is a
s `
.
transitional use item and I, am going to ask that if the City At tvraay chid
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give that opinion now.
Mr. Bob Clark: Specifically, would you repeat that?
Mr. Valledort Is this an item that falls under transitional use? Ex M
t
Mr. Clarks TOO* it is,
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209
Mr. Valledor: Thank you. As you may remember, the Coral Gate Homesownefa'
Association, along with the other homeowners' association have formed a
coalition in Miami opposed, and overcame the transitional use ordinancbs
because of the abuses that were presented, such as this one. I now ask that
these handouts be distributed to you.
Mr. Valledor: It in here gives you a more personal look at our neighborhood.
You notice page one shows the boundary lines, they are outlined in green and
they show on the bottom, you'll see on the bottom, the commercial areas of
Coral Gate. The commercial areas that are in with the Coral Gate subdivision
are south on the bottom of the red line. The red...
Mr. Plummers That's not true.
Mr. Valledor: The red...
Mr. Plummer- Does Coral Gate go all the way on 16th Street over to 37th
Avenue?
Mr. Valledor: No sir, it does not.
Mr. Plummer: It stops where?
Mr. Valledor: The commercial stops at the red line.
Mr. Plummer: No, sir.
Mr. Orr: Coral Gate subdivision stops
Mr. Plummer: Where does Coral Gate subdivision stop?
Mr. Valledor: The Coral Gate subdivision stops at the Green line.
Mr. Plummer: In other words, St. Raymond's Church is not in Coral Gate?
Mr. Valledor: No sir, it is not.
-
Mr. Plummer: OK, I stand corrected.
Mr. Valledor: You'll notice that on the south side we have Sears -Roebuck, we
have Kentucky Fried Chicken, One -Hour Cleaners, Farms Stores, 81 Corral
Restaurant, Segovia Restaurant, and the Sears employee parking 'lot. We also
`
have Miracle Center, number four is the Varadero Supermarket site, number five
is the Winn Dixie Supermarket and Mobile Gas Station that already exists
—
there. The green line again denotes the boundary lines. The red line is the�.a
dividing wall between the residential and the commercial areas and the hatch
line is the permanent street closure that is on 33rd Avenue which you all
k
.
enacted by ordinance., And if you'll open it, we have done the so you
.
see this is all a contiguous neighborhood. It is... our homes are here.
4�
-
Mr. Plummers What is the other area... what is this area here called?-
y'
Mr. South parcel, northwest corner?
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Mr. Plummer: Yes. Is that a different subdivision?
f
Mr. : Yes, air.$$
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Mr. Valledor: Yes sir, Davis Roads, the Groves and I think it is LaareoceR
Groves and it is another part of the subdivision. If you will tura•to ps06`,,-
�f
you with the outline of the subdivision...,I'vs t1/0 we have provided y got it
�~
in here somewhere... and you'll see that the legal descriptions are sections
�h
A► D, C and D of Coral Gate. You'll see that the bottom section is tract As
tract 8,
and tract C of the Coral Gate subdivision. This is all its Cosa
Gate. Coral Gate has for 40 years had an established residential`
established commercial district. If you'll turn to pat:, you'll 'so0, a bl#a F
r <<
of the area in question. You have number three is the Miracle Ce14tor
-
number four is the location of the proposed . wall, hopefully, the pup**
nuaber five Wtbs location of the Wimn**Dixio and the Mobile tlns=dta l � l
G
ask that you pay particular attention to the oars that are po rkstd t rst, l•
', ;
can see on the plans. On page four gives you A blowup of tbo legal of`
BL�S5
lots, and the subdivision and the relationship of the commercial area with the
residential area. Notice the size of the lots, 304 feet on the west side, and
approximately 345 on the west side. The four horses that are in question are
lots 456, 457, 458 and 459 immediately to the north of the supermarket site.
Thera is a boundary line that goes across Coral Gate and I'd like to show that
boundary line to you.
Mayor Suarers You may be about to redefine the concept of overkill. I do want
to tell you that I've not restricted your time up to now, but I am about to
restrict it, because you just seem to be going on. Are you almost about to
conclude?
Mr. Valledors Mr. Mayor, if you want me to, I Could end this part of the
discussion right now. I think you have the information in front of you.
Mayor Suarez= Counselor, you'd better advise him, because we've got to get to
whatever you might say and your supporting people and then the opposing side.
Mr. Orr: Thank you for the admonition, Mr. Mayor, and I think at this time we
would like to present the testimony of the citizens, the residents of the
Coral Gate Homesowners' Association.
Mayor Suarez: Thank you. We are pretty familiar with the area, I think, all
of us.
Mr. Valledors We have Mrs. Pulido who is directly next to the site that will
be used for parking. She's working her way up here.
Mayor Suarez: Very quickly, each one, give us name and address and remember,
we are going to hold you to two minutes now on the supporting testimonies, so
the less you give us of preambles and all of that, the better. Just tell us
why you think that we should or shouldn't do this.
Me. Rosario Pulido: (TRANSLATED BY SERGIO RODRIGUEZ) Good evening, my name is
Rosario Pulido, and I live in 3260 SW 21st street. My house is immediately
_{ adjacent to the four houses in question, four properties in question. I've
f lived in my house since 1956 and I have raised there my child in that
residence. I bought my house when the only thing that was in between them was
the wall behind in the back of the property and a lot that was empty in Coral
Way. There was nothing there but I have houses on both sides of mine, and
also the front. I have no problem and convenience when Winn -Dixie was
built or when the theaters were built. To be honest with you, there was a y
little bit of noise when they show up for the movies. There was some
problems, there were some cars that were stolen from the parking of the movie
theater. This didn't bother me. After all, Miami is not a suburb, we live in
the City.
Mayor Suarez: Technically, Ma'am, technically we have used up the time.
Since you are having :it translated, we are going to give you a little bit
more, but I want to tell you, she is getting wound up, counselor, I mean, she
seems like a very nice lady, but like she is going to tell us the whole book
here and we really just need to know what her objection is, very quickly.
Mr. Valledors Mr. Mayor, we appreciate that. I believe there are only two or
three more paragraphs because of the use of an interpreter, as you recognize,
it might take a little longer, but we don't anticipate it will be much longer. ;
Me. Pulido: (TRANSLATED BY SERGIO RODRIGUEZ) Mr. Fernando Rodriguez said that
s�
_ he has to restore these houses and build a wall of eight .feel tail so that'Ve �h4
can be protected from the rear part of his store. This means that the only
thing that I have to see from my kitchen is a wall. If I had the view fry r,
the wall... (AT THIS POINT, SOME COMMENTS WERE NOT TRANSLATED). ;
(APPLAUSE) �
l�
Mayor Suarez: Please, please, you are taking time away from your,*Ida
She was raping like it was besides being .life the Berlin Wall,- being licks ".9 s
wall behind s firing squad, and I don't know how to translate that and lot-.
toil you these ngA
images are. quite interests and tun, but''. t dvnit. k3�
;. necessarily help your camp. if you would just stick to the �
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Ms. Ana Rosa de Velasco: My name is Ana Rosa de Velasco: I have lived at
1880 Coral Gate Drive since June, 1964. Twenty-nine years ago my two sons and
I left Cuba and came to this great nation as exiles looking for freedom and
justice. Later my husband and mother were able to come and be with us. Years
later, we started looking for a home we could financially afford. We wanted
to live in a friendly, peaceful neighborhood where we could raise our sons,
care for my mother and feel secure with our granddaughters • I
cannot describe to you the feelings of joy and of relief my husband and Ifelt
when we purchased our home in the Coral Gate neighborhood, but now I feel the
same frustrations I felt 29 years ago, trying to find a peaceful and safe
neighborhood for my family. Mr. Fernando Rodriguez is going to build a new
Varadero Supermarket in our neighborhood. We are not against the supermarket
or the commercial enterprises located within the commercial zone of Coral
Gate. We welcome and patronize them. The issue is Mr. Rodriguez' wish to
destroy four homes for additional parking behind the supermarket. He has more
parking spaces than what is required by law. He has declared he needs this
permission to fulfill his American dream. Coral Gate represents the American
dream of 463 homeowners, but if this drastic change that Mr. Rodriguez is
asking for is approved, our American dream will become a nightmare.
Mayor Suarez% Are you wrapping up the presentation?
Me. de Velasco: (COMMENT IN SPANISH)
Mayor Suarez% In fact, I am going to have to cut you off at this point, other
wise you are going to be taking time away from the next presenter. We are
getting the basic picture, Ma'am.
Ms. de Velasco: Thank you very much.
Mayor Suarez: Thank you. Quickly, Mr. Choreographer -Counselor, get your
people on the mike.
Ms. Graciela Valanza Perez Garrido% Graciela Valanza Perez Garrido, 3620 SW
20th Street, good evening. Mr. Cardenas will tell you that transitional
zoning is bad, how well I know. I ask you to kill it. He'll tell you that
-
this can't happen again, however Coral Gate is still in mortal danger with the
loss of any of the homes within its boundaries, Coral Gate is opened up to
commercial intrusion. This is not conjecture or hypothetical, this is fact.
Just one block south of our neighborhood the office building at 3400 Coral Way
-�
used transitional zoning to turn the residential lot behind it into parking.
Within the last two months, they have asked for a change of zoning for that
same lot to commercial and even the Off -Street Parking Authority agreed that
9 the transitional use granted has changed the character of the presently
residential street and has installed parking meters on that street.
i Transitional zoning allows the commercial interests to gain a foothold in this
v
— neighborhood and it is now holding the door open to rezoning the entire area.
In Coral Gate if
the petitioner is granted transitional use, what's to stop
him or his successors from asking for a change of zoning next year or the year
after. Furthermore, what's to stop Winn -Dixie, Miracle Center or Sears from
buying the houses behind them as what would then be less valuable residential
property and seek a change in zoning also. Once a parking lot exists on SW 21
Street, you, the Commission would find yourselves hard pressed to deny such a
change in zoning request. My answer to Mr. Cardenas' plan is that it can't
happen again, no it will only be worse. As to the establishment of the
=_ buffer, Coral Gate has existed as it now stands with the wall and with the
commercial properties at its southern border since 1949. No one who has ever
bought a home on the south side of SW 21st Street has ever been mislead into
thinking that there mould not be commercial development behind them. The
commercial was zoned and so designated when the subdivision was created.
Please remember, those commercial lots are platted as part of Coral Gate
subdivision. In addition, those who bought homes...
Mayor Suarez: Is this in addition like the and of your addition?
Me. Garrido: Yes, I'll cut it off. Those who bought homes on the north side
of the SW 21st Street, have now and do expect to continue to see bomes oh the
street across and it is only fair and aright that they continue to see wselj
:.'
kept homes. One last thug I want to say. We had a meeting with ilk,
_ Rodriguez and at that meeting, he offered us a three-
g year contract wherein be
Mould not destroy those homes it we did not oppose his zoning request. He
didn't need them then, he doesn't need theca now. Thank you,
- 272 NOv r 30i I
a
40.
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Mayor Suarez: Maybe he felt he didn't need them for three years, but
afterwards. Go ahead, air.
Mr. Raul Jimenez: (TRANSLATED BY MAYOR SUAREZ) Good evening, my name is Raul
Jimenez and I reside at...
Mr. Sergio Rodriguez: I didn't get the address, I'm sorry, but it's OK in the
record.
Mayor Suarez: We can pick it up from the record.
Mr. Jimeners (TRANSLATED BY SERGIO RODRIGUEZ) My wife was ill.
Mayor Suarez: My wife and I lost our two children. He's on a roll. Go
ahead, just keep going, tell him to keep going. Tell him we'll just translate,
otherwise we'll never get out of here.
Mr. Jimenez: (TRANSLATED BY SERGIO RODRIGUEZ) Since I live in Coral Gate,
there has been commercial development on Coral Way. We have and used
only the commercial establishments in the area. We never had any
problem with this. They have always kept their commercial area and we have
kept our residential area. There is another neighborhood which has been
destroyed when commercial intrusion appears. (TAPE 19) It has been the same
thing that happened west of Little Havana. How are these people supposed to
live under these conditions? Don't let Commissioners this happen to us.
Thank you.
Mayor Suarez: All right, you made it within the two, thank you, I think that
is basically what you are saying, you made it within the two minutes.
Ms. Katy Hasselers My name is Katy Hasseler, I live at 1810 SW 33rd Court in
the beautiful neighborhood of Coral Gate. We are again here tonight fighting
against the destruction of our homes by another commercial speculator
infringing into our residential neighborhood. Only the name has changed. You
will hear from his supporters how Mr. Fernando Rodriguez, president of
Varadero Supermarket has seen his American dream become a reality with his
Varadero Supermarket. This one will be number 10. On his quest for his dream
however, Mr. Rodriguez will stop at anything, not even at the expense of
destroying four homes in our residential neighborhood to turn into parking
spaces for his supermarket. You will hear repeatedly how he does not need
these spaces since he already has more than enough. But he insists in
destroying these homes for more space. He has not stopped even after knowing
that this action could destroy our peaceful community of Coral Gate. It does
not say much for a so-called benefactor of the City, does? That is because
4?
Mr. Rodriguez is not much different from any other commercial speculator that
we have fought before. It's not just four houses in the whole neighborhood.
He's crushing the whole neighborhood in his destruction path. These homes
belong to our residential area in Coral Gate, not to the commercial part of
Coral Way. In a previous occasion his attorney said that we were not aware of
the circumstances involved in this case. We are very well aware, Mr.
Cardenas, of the danger of transitional zoning. Also, we are aware of the
ordinance 9400 and the buffer zones. We know it, we are aware of it and.we do
not want it in our neighborhood - no commercial intrusion in our residential
area. We are not against the supermarket being built. In fact, we welcome
you to our commercial area; however we are very much against the destruction
a
of our homes to add to your commercial property. We do not know that ;the
question is really a matter of money, you see, it will cost Mr. Rodriguez -more
money to add the second story to his building for employee parking if that's
what he wishes.
3
Mayor Suarez: Are you wrapping up your prediction of what Rodriguez isgoing'
g
_ to do or not do?
Ms. iiaaselers Yes, commercial lots cost $38.00 a foot, residential costsd
$10.00 per foot. That's ghat is saving him. Most of the people bero:witb r, �
Rodriguez are here because of money also. They are his supermarket omployses:
They get paid by Mr. Rodriguez, Are you going to allow.' teas- .to : kateF out
residential neighborhood from extortion on behalf of apecuLAtars l k4 ft,
that, are for money making dream*? I hope so, I hope you vote for 44'4",
save our neighborhood.
}yam
273
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Mayor Suarez: All right Ma'am then I hope that completes your presentation.
I have to say this, I agree with most of what you said, except that I don't
see him as a speculator. I mean, the one thing he seems to be doing is to
build there and speculators are people who supposedly that hold property for
rofit Anyhow that's sort of my view. Go ahead.
p
Mr. Steve Parsons: My name is Steve Parsons, I reside at 3325 SW 20th Street.
I will cut to the case. In 1980 I moved to Coral Gate after searching for one
of the most affordable of family oriented in the City of Miami and found it.
In 1985 I got married and three children and convinced my wife to move
from the suburb of Kendall to come one of the probably most suburban area in
the City of Miami, Coral Gate. I'm concerned about this particular action for
the following reasons. Over the last 40 years there has been a clear division
of business from the resident area in the Coral Gate area. Additionally,
there has been a history of stability in our neighborhood. There has been a
long time established family atmosphere. It's a quiet and intimate area.
It's a good place to raise a family and even play stickball in the street. It
is uniquely affordable, especially in this particular time. It's proximity to
downtown, the Gables, Key Biscayne, Miami Beach, etc., in fact it has all of
the qualities that many of the suburbs don't, street light, side walks and
walking distance to many, many commercial establishments. With three children
I certain welcome the Varadero Shopping Center. I'm concerned that this
action will create a precedent in our community. Last night I walked along
22nd Terrace, one block south of this particular development and was shocked
and disturbed and have been continually disturbed by that area - parking lots
that have walls full of graffiti, garbage, abandoned cars, overgrown weeds and
shrubbery. I fear for the deterioration of this neighborhood and the
deterioration of the quality of life for my families and the other families in
Coral Gate. I'll close by stating a line from one of Joanie Mitchell's songs
where she said, "Don't pave over paradise with a parking lot." I ask you to
support Coral Gate's position and don't pave over our paradise with a parking
lot.
Mayor Suarez: OK, that's it, almost? One?
Mr. Jose Fernandez: Mr. Mayor and Commissioners, my name is Jose Fernandez, I
_
live at 1861 SW 36th Avenue. I've lived here my whole life. I am one of the
people that the previous speaker referred to as playing stickball in the
street, personally, it was football. The point is, I've lived here my whole
life, gone to school locally at Merrick Elementary. I went away to college
and returned to that same neighborhood. It offers all of the amenities that
any residential neighborhood that you'd be searching for in any residential
neighborhood. You have schools locally, you have shopping canters locally,
you have supermarkets locally, you even have nightclubs and hotels locally.
The point being, they've never intruded on our neighborhood. As every speaker
;
before me has stated, we have no opposition to Varadero personally. I welcome
Varadero Supermarkets and I would like the competition between Varadero and
Winn -Dixie. I would like to have the largest supermarket in Miami near in
walking distance from my neighborhood, but I do oppose in building parking
lots on homes that are presently built and parking which is unnecessary. If
you notice in numbers you know his parking is perfectly adequate with the
current space he has available. 'We've never had a problem with the movie
theater, we've never had a problem with the Winn -Dixie so I see no real reason
for him needing that additional parking spaces. You know very well the needs
of our neighborhood. It is centrally located affordable housing. To find
6
housing of that quality and that price anywhere else, we probably have to move
out to Kendall or further. Here we are within 10 minutes driving to downtown
f
Miami. You are home within 15-20 minutes. It is a very... I'm sorry, I an at..
�<
a loss for words. It is very centrally located neighborhood which provides us
with all the amenities we have. We welcome Varadero, but please, don't let
them intrude on our homes. Thank you.
Mayor Suarez: All right, thank you. OK.
7
Mr. Bob Fitzsimmons: My name is Bob Fitzsimmons, I live at 2512 Abaco Avenue.
�y
I think it can be said vary shortly. This is a well established residential
neighborhood. What is going to be done if you allow this transitional use to
blockbustinS. They need it, the people that bought there always knew they
bordered on commercial. Many of you campaigned, I know, Commissioners Dawkins
and Alonso, that you are people's reprosontatIvan We ask, we're tbe:peopto
out here that live there that don't need it. The other person that 400ssDt
used it is Varadero. They have almost twice the required parking without the
�{
274 November $D, 4"9
use of these spots.
please don't do it.
11
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They don't need it, it is going to hurt the neighborhood,
Mayor Suarez: OK, thank you, that completes the presentation on the
opposition side. Counselor.
Mr. Al Cardenas: Thank you, Mr. Mayor. Mr. Mayor and members of the
Commission, I'm pleased to be here on behalf of Mr. Fernando Rodriguez and
Varadero Supermarkets. He is joined here, as you know, by many neighbors,
providers and employees and I would ask him acknowledge your presence here.
Mayor Suarers You might want to remove... I don't know if they are your
viewers or theirs.
Mr. Dawkins: It's theirs, they belong to them.
F
Mr. Cardenas: I also would like to also introduce briefly some of the... a
-
few individuals who are here today and I just mention them by name if I will.
Mayor Suarez: Please, please! The side in favor of this was quite courteous
as the presentations were made by the side against. Please let's everybody
show the same courtesy to the other side.
-.
Mr. Cardenas: Thank you. Also, a number of directors of CAMACOL are here. A
couple of them will speak on behalf of what this project represents to your
_
community, speaking of course, of its president, Luis Sabines, ,
Dias , Manuel , Carlos de la Cruz, ,
Juan , Tony Rodriguez, , Armando
Alexandre. Also on behalf of the Latin Builders' Association and there is Mr.
Jorge Rodriguez, executive director; the president of the Association of
Salesmen, Humberto Hernandez; and a proprietor of one of the commercial
establishments along Coral Way and 34th Avenue, Mr. Mario Rios, the owner of
31 Corral Beef House. Also with us from our office are Juan and Lucia
-`'
Dougherty; Raul , the architect; John Taylor, our expert engineering
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consultant on the subject of the parking spaces and a number of neighbors,
etc. This property as you know is currently zoned CR-3/7. That permits a
density... an FAR (floor area ratio) of approximately 1.72 and I want you to
keep that in mind, because that's going to be an integral part of our
}
presentation if you will. Our client's proposal and the site plan that is
—
before you here this evening and is part and parcel application is to
construct a 50,000 square foot supermarket on 3.37 acres. We, as you know,
requested and applied for a special exception to allow the construction of
surface parking lots in four of the transitional lots which are directly
adjacent to the rear of the supermarket. This application was fully heard by
the Zoning Board, deliberated and it voted five to three in approval of the
special exception requested. Or like a zoning or land use change, we are noti{
here before you here on the recommendation of the Zoning Board, for you are'`
f
sitting as an appellant administrative body regarding a final decision that
was made by .them to grant this special exception. This special exception, as
you know was legally granted while the transitional use zoning was in full
-
force and effect and as a matter of fact, if you'll recall, one of the -last
conversations and discussions that was had by this Commission was when should
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that transitional use permission cease. At that point in time, we attended on
behalf of our client, Mr. Rodriguez and others and discussed not only with
you, but with some of the homeowner groups involved, the effective date of
,q
that transitional use situation and according to that whole conversation that'
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transitional use effective date was agreed upon in a matter which would permit'
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this application to not only reach the Zoning Board, but now, you on the
appeals, so obviously there was much thought ,given to 'the fact- that this
matter be seared a full public hearing and here we are. I will nay firsof,
course,. that our client has not and would not seek a rezoning to commercial:
That is not in plans, he's not a real estate speculator and any concern
neighbors may have regarding the future use of that property should be
properly limited to its intended use and that is to remain residential with'*
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special exception to permit parking by its employees. The property,
additionally to that, our client has a number of offices available to iea,
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with an FAR of 1,72, he could build not a 50,000 square foot supermarket, be
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could build a 300,000 square foot supermarket without coming to you for a
goaing change, a variance or a special exception request on that site, or be
t
`
could opt for a residential project or sell it to the highest bidder, spaalt off -
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whom been hovering like eagles above the situation hers, l haq+a brotbt
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with you a reneleriag that the architect prepared, showing' l� Story,
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Mayor Suarez: You mean vultures.
Mr. Cardenas: Vultures, thank you Mayor, I appreciate it. Vultures, that's
correct. A 15 story apartment building, consisting of 280 apartments and 300
parking spaces. That project can be built today on the site that our client
owns. Building permits could be pulled tomorrow and that particular site
could be built there. I ask with all respect, and let me add this if I may,
that I think that there is not a finer group of residents in this community
than those at Coral Gate. They have raised some very solid points here this
evening, some that must be heavily weighed by you and I compliment them for
the solid preparation, for their tenacity and for the love and respect that
they have for their homes and their family and I have nothing but good things
to say about the way they conducted themselves. I will like to add that for
example, especially the lady that lives in that home immediately adjacent to
the site, if you'll look at the home, I'm pointing to it right here, it's the
furthest home on your right and I sincerely suggest with all due respect that
if such a project is built and it's perfectly built for that purpose you could
definitely see the... you know, the alternatives she would have, whether she
would rather live here adjacent to 150 foot Berlin wall, or would she prefer
the eight foot wall with the landscaping buffer and the adjacent amenities, so
I think as a matter of due course, that people should take into consideration
all of the alternatives that are being proposed here, because if an eight
foot wall is distressing, I would respectfully suggest that 150 foot wall with
plenty of viewers looking out their balcony may perhaps be a little bit more
imposing and those are some of the things that I was hoping to...
Mayor Suarez: That's an exact calculation based on a 1.72 FAR?
Mr. Cardenas: Yes, sir, and prepared by the architect, Mr.
. It's built to scale. And those are some of the things
that we try to bring to the attention of the neighborhood, regarding the fact
that our client paid a fair market value for a piece of property that permits
him to either build a 300,000 square foot commercial project, or a 15 story
180 apartment unit project. That's what he paid for it. That was a fair
market value for that property, based on its maximum use. The client is
proposing to develop a supermarket which is one -sixth the number of square
feet permitted by law for the property which he acquired which incidentally
will restrict tremendously the number of car trips, noise, air pollution,
construction, and height to the structure. So instead of what you are seeing
here this evening and thousands of car trips generated per day, our client is
proposing to you one -sixth of the intensity of use that his land permits, so
I
contrary to comments made regarding our client s commercial intentions, I
would respectfully request it would be very difficult to find somebody to
acquire this parcel of property that would consider building on up to one -
sixth of the permitted maximum use. I would rather say to you that that is
rather unusual in today's times. Let me if I can go on now regarding the need
for the parking because that's after all, why we are here this evening and
clearly we establish need if you are going to favorably consider our
application. Let's first start with employees. A shopping center supermarket
or a supermarket that's standing alone of this size will on the -average
generate according to our client and he owns ten of them, will require the
employment of 350 plus employees. Now, those people work in two shifts
normally, but take, and they will work during peak hours anywhere from 150 to
175 employees and further assume for the sake of assumption that more than one
will ride most of the times with a friend or a companion to work. That's
still, I think, is fair to assume will require 100 parking spaces minimum,
just to handle the employees during the peak hours. Nov, the total available
parking spaces without a special exception are 190. This leaves only'90
spaces for patrons of Varadero, a proposed 50,000 square foot supermarket.
You will hear from our expert witness, John Taylor, regarding the number of
y
parking spaces.
.:
Mayor Suarez: Are we just about to hear from y j your expert and others
supporting...
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Mr. Cardenas: In three minutes.
is
Mayor Suarez: Please.
Mr. Cardenas: Yes. Regarding the number of parking spaces, it should be =4
available for patrons of a store of this site, We +ire askiUS your to peas -It, -us
y
276 November 30, 11054
5
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to construct 58 additional parking spaces for a total of 248, still belong
commercially advisable criteria, but adequate by City of Miami standards.
This is not by far, as I said, the maximum size structure permitted. If you
add to the cost of the acquisition of these homes, the improvements required
and the fact there is so much more money paid for this land that will actually
be used in terms of permitted intensity, our client is really investing
millions of dollars in under -utilizing this land, minimizing its intensity all
for the benefits of the nearby community and the residents. Now, let me then
focus on what I think your decision ought to be here this evening, not only
what I think is right, but what I think is legally correct. Let me interpose
three suggested questions that you ought to ask yourselves. Number one, did
Varadero through its expert testimony establish a need for an additional 58
parking spaces. Number two, if so, is that need justified in view of the
following criteria. One, current commercial establishments in Coral Way,
their current needs and the commercial parking status in this situation. And
number two is the proposed plan fair to the residential community in its
design and approach in view of alternate development possibilities and other
factors. I respectfully submit to you the answer to these three questions is
yes. Then it is inevitable that you uphold the decision of your appointed
zoning board. To answer these questions I'll now introduce our expert and
other witnesses who will deal with it directly. I'll first introduce John
Taylor who is going to quickly testify to you regarding the parking needs for
a 50,000 square foot supermarket. John.
Mr. John Taylor. Thank you. Mayor and Commissioners, my name is John Taylor,
professional engineer with offices at 4225 Salzedo Street. We were asked by
Mr. Cardenas to review the site and the parking demand that would be generated
for this size facility. We initially looked at two types of information
that's available to us as a source of information. One is regulatory
information, which specifies minimum levels required by law. The second thing
that we looked at was design standards or design documents that would indicate
the numbers of parking spaces that should be provided to support a healthy
business. Generally, what we were able to find and particularly citing a
source with the Institute of Transportation Engineers, Traffic Engineering
Handbook, was that for developments of this type a minimum recommended parking
level is approximately four vehicles per 1,000 square feet. That again, is a
recommended design minimum. The parking that is being requested by Varadero
is approximately 4.8 vehicles per thousand square feet. We view again the 4.0
as being a minimum level that should definitely be viewed as a minimum..
Mayor Suarez: Do you recommend less square feet for the building?
Mr. Taylor: I beg your pardon, Commissioner?
(APPLAUSE)
Mayor Suarez: Please, please. I mean, there is always a way, obviously.
Mr. Cardenas: Right, Mr. Mayor, let me now, if I can, answer one of the
comments made by one of those who spoke, again dealing with the commercial
realities of the project and she raised a good point, but one which we value
and that is, well, if you are not so money hungry, why don't you just build a
parking lot above your structure and in so doing, let your employees park
}
there and not intrude in our commercial area. Good point, but wrong facts.
y
As a matter of act, if you'll recall, and you ought to know, industry
standards for providing these types of lots in parking facilities is between
$7,500 to $10,000 per parking space. If you talk about the 58 parking spaces
we have requested here, that comes to 4580,000, far below, I assure you, not
only what our client paid for this property, but what he is willing to do for
the neighborhood in conjunction with this application. So the reason why our
'r
client decided not to build a parking structure on top of his building is
because we think it is aesthetically reprehensible for that neighborhood to
have to accept that structure in view of that which is being proposed here
}f
this evening and that is what I am going to let you review at this point. If
you look at the two renderings which the architect has prepared, he has
carefully designed the facility to have an appropriate view, not only side
view, but rear view of the proposed structure with proper respect for the
neighborhood and its integrity. We have prepared a rendering having a lady
and a gentlemen standing on the sidewalk across from the proposed facility, In
other words, on 21st Street, looking at the proposed structure that vo have in '
mind and as you can see by the way of its design and layout, this is the eight
foot wall here and this is some of the proposed landscaping, although ve put
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277 N®V�3
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our in the staff if that's appropriate or they want some other type
of landscaping, but this is the view that the neighbors from across the street
on 21st Street would have for the proposed facility as compared to some of the
other views that they could have, let alone a parking structure on top of this
thing, which would be, I think, totally horrendous. What we have proposed of
course, and incidentally, since this is a special exception, you in a
resolution in all your wisdom could attach any number of a series of
conditions you would wish to the proposal, but some of them which we have
voluntarily proffered to staff, include a mandatory where you have... let me
first put it this way so that you understand this, a hundred foot distance
between the front door of the homes directly across the street on 21st Street
and the eight foot wall and that hundred foot distance comes about by the
followings there is a 25 foot setback requirement from the structure to its
sidewalk area. You've got a five foot sidewalk area, you've got a 16 foot
street and right of way, then you've got five foot sidewalk on the other side,
ten foot landscaping buffer and the wall, there is actually what we are
proposing, a hundred foot buffer in terms of the distance between the homes
across the street to the landscape being up to the wall in question and we
think frankly that this is a far superior solution to going in increased
height, having a parking structure on top of the proposed supermarket. Not
only that, as you know, going with your backs to an upstairs parking facility
is not exactly the best design mode for a supermarket facility. I'd like to
now introduce to so that you get a plain view of what these folks are
experiencing, I want to leave with you eleven letters from owners of
commercial establishments...
Mayor Suarez: You are not going to read them obviously, you are going to
just...
Mr. Cardenas: No, I am just going to give you who they are. One is...
Mayor Suarez: ...introduce them into the record.
Mr. Cardenas: One is Estella Cura, 3340 SW 22nd Street; Che Forever Corp.,
Victor Chavez, Coral Way Mobile Station; E. R. Brownell, 3152 Coral Way;
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Villa Habana Restaurant, 3378; Super Optical Center, 3390 Coral Way; 3364
Coral Way; Angel Rodriguez, Hair Studio, 3360 Coral Way; Presto Cash, Inc.,
3348 Coral Way; Minican Photo Service, 3346; A & M Management Co., 3360.
These are 90 percent of the business establishments in the immediate Coral Way
_
area which is being affected by this development, all of whom feel obviously,
_=
by these letters which I'm submitting on the record, all of whom feel that
this additional parking is certainly necessary in view of the parking crunch
i
and crisis they are experiencing. This one fellow only that I'd like to come
up to the microphone at this time, representative of his crisis, and that's
Mario Diaz, who is the owner of the restaurant. Mario, would you come up,
please?
Mr. Mario Diaz: (TRANSLATED BY SERGIO RODRIGUEZ) My name is Mario Diaz, I am
l
the owner of the Corral. in the area of Coral Way developed and the
problems parking, I know them very well. I am coming here because I am also
representing other people from and we are really worried about the
amount of parking. We have towed 60 cars in the last few days. We also think
that the supermarket doesn't have enough parking for the employees, because
—�
basically the supermarket is going to have 300 employees The same thing is
happening to us with Miracle Center. The employees of Miracle Center around
the area where they are. Basically, we have come to the conclusion that we
'i
have work with towing trucks. Here has of the restaurant in
so I think it is important (APPLAUSE)...
Mayor Suarez: OK, what else do you have counselor? - because we're...
Mr. Cather: Yes, just going to have one person. I had a number of them, of
course, but I know time is running short. I am going to ask just one person
J
to come up to speak as to tangibles and that is Mr. Fausto Diaz Olivera,
i
Fausto, if you could say a few words.
_
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Mr. Fausto Diaz Olivera: My name is Fausto Diaz Oliver&. As a businessman,
as a member of the board of directors of the Latin Chamber of Commerce, I have
been keenly aware of the need for a by the City of Miami in
an attempt to . We have been involved in different
in Miami with the sole purpose of creating new jobs for our
community. In this line, Mr. Rodriguez, you have a with helping the
growth of our City, which the supermarket, Mr. Fernando Rodriguez is investing
in our future and creating directly and indirectly more than 300 jobs. It is
just exactly what we need for our young generation. We need now Fernando
Rodriguez to achieve our goal, more jobs, less crime. Mayor, Commissioners,
send a message to our community that you really care. Vote in favor of
Fernando Rodriguez. Thank you.
Mr. Cardenas: Let me now conclude, Mayor. I've got a minute and one-half
conclusion and we'll be finished with our presentation.
Mayor Suarez: You are going to keep your rebuttal, if any, to a minimum?
Mr. Orr: Mr. Mayor, I would like rebuttal briefly. Mr. Mayor, I will keep it
to a minimum, I will try to keep it under 15 minutes certainly, because I
understand the crowd is going to go out.
Mayor Suarez: You are going to keep it way, way, way under 15 minutes. I am
going to have to decide, I have to check with my City Attorney to see what is
the minimum time that I can give you and let me admonish you as we have done
with other matters, the momentum may or may not be on your side and be careful
if you wear everybody out here, but go ahead, counselor.
Mr. Cardenas: Thank you, Mr. Mayor, I think we have conclusively proved by
answering yes to those same questions that there is a need for additional
parking as our expert testified and that the benefits to the community are
evident. There is a current parking crisis in Coral Way. We've heard from
the merchants. You know it, they don't have to testify about it. You have
intimate knowledge of that crisis, especially along 32nd to 37th Avenue and
Coral Way on the north end and south sides of the street. Our clients
proposed project, fortunately for that crisis, is one -sixth the size of the
project that is permitted to be constructed either as a 15 story apartment
building, as a 300,00 square foot facility. There are $5,000,000 in
construction materials and labor and that's why the Latin Builders'
Association is here. They want that project to go forward. Mr. Rodriguez is a
wonderful man and businessman who is loving of this community, whose
contributions to charity in this community are well documented over the last
-
20 years. There are a lot of people who can testify as to that, but I thought
time was short and that didn't need to be the case. I will tell you that no
one would want to live adjacent to this facility. Everywhere in the City that
you go to and you see a dividing wall between a shopping center and a single
- family residential home, you realize what happens in that situation and it's
just not appropriate. What we actually doing I think is instead of having an
adjoining residential home, you are going to have the homes across the street
at 100 feet distance from the wall and we consider that to be an improvement
= in view of what we are doing. Now, let me, if I can, suggest some of the
misconceptions in some of the things we've proffered. Number one, our client,
yes, did proffer not to build for three years. As a matter of fact, our
client would even be willing to increase that proffer for five years, but he's
a businessman. He has seen what's happened to the Publix on 27th Avenue near
-'
Coral Way, and he knows what's _ y, happening to a number of people who no longer
,.
shop there as a result of going round and round and not finding *.parking-
space or having to park two blocks down the street._ Our client doesn't want
to build this if it is not necessary, but he doesn't want to spend $6,000,000
x
in something that he is going to pull short of, but our client has suggested
to the neighbors and we found that to be quite fair is, we'll wait three
years. We're willing to wait five years before we promise to teas down the-
.
homes and build this transitional zone. We may not have to and if, we don't
_ have to, that's great, I save money as well and I'll just keep the home6 ; or
keep them rented. What our client doesn't want to do is to spend 56,000,000,'
- find himself short, find that his investment was unwise and you can't ask
anybody for something more fair than that. Number two, contrary to some of
the rumors I had beard before, there is no ingress or egress on 21st $treat
=' and I know that there are a lot of neighbors concerned about Increased traffic
r,
In your residential area. Lot me clarity to you that the mini-pdrX; will be
- left untouched, there will be no ingress and *gross to this residontisI :area
_ from 33rd Avenue. Not only that, there will be no ingress end *gross'
�49
0 9 1
whatsoever from 21st Street. To the contrary, there will be less because
there will be an eight foot wall rather than the driveway of four or five
homes that will have constant traffic coming for and going, so you have less
traffic and not more, as you had previously been concerned. We'll have no 15
- story building, no 300,000 square foot project. If recent logic prevails,
- then the well thought out decision of the Zoning Board will be respected this
evening and on behalf of the hundreds of prospective employees and the
thousands of members of CAMACOL and the organizations here, I thank you very
much for having heard me this evening and the presentation and I know that my
client Mr. Fernando Rodriguez wanted to come up to the microphone for 30
seconds and tell you something that I think is going to be important to you
and to the residents of Coral Gate. Fernando.
Mayor Suarez: OK, 30 seconds, Mr. Rodriguez. I hope those 30 seconds aren't _
like your minute and one-half there.
Mr. Plummer: While we are waiting, of the department, how many parking spaces
= are required? - required parking spaces. Ninety-one are required and they are
showing 198, is that...?
Mr. Rodriguez: Two hundred -twenty-seven. -
Mr. Plummer: No, no, without the backyard.
Mr. Orr: Two hundred forty-eight without the backyard.
Mr. Plummer: You are not my department, sir.
Mr. Orr: I'm sorry, sir.
Mr. Olmedillo: From our record, it shown that they are showing 169 without
the ones in the transitional area.
Mr. Plummer: So they have 169 in front of the store.
=
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
1
Mr. Plummer: Excuse me, please. I pay these people too much money, so let
—
them talk.
Mr. Olmedillo: We have 227 in the entire area, minus 58 which is what they
show in the plan for the rear portion.
Mr. Plummer: I asked for without this improvement. You're telling me that
required is 98 and you're telling me...
Mr. Olmedillo: Ninety-one.
Mr. Plummer: Ninety-one and what is being proffered without this application
is how many?
Mr. Olmedillo: One hundred sixty-nine.
Mr. Plummer: Thank you.
l:
tom;.
Mayor Suarez: All right, the 30 seconds are almost up, but we are going to
let him use it to actually talk to us. Counselor, hello, Alberto, Fernando,
Afw
somebody please talk to us, come on, let's go, let's get this over.vith.
'
Mr. Fernando Rodriguez: (TRANSLATED BY MAYOR SUAREZ SERGIO RODRIGUEZ) Good
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evening, Mr. Mayor, Madam Commissioner, Commissioners, I want to` -prove to my
h
_-
neighbors and that's all, that I want to be a good neighbor in the future.
=
Also I want to ask you, and my name in Fernando Rodriguez, your approval so
that we can continue this in a future date and this way we'll be happy. what
}
I would like to get from you the approval is to remove this application today
_
and continue this in the future.
k
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Sergio Rodriguez: I would like to snake sure that I am reflecting,. the
:
language that he just me.
InAl
pr
Mr. Fernando Rodriguez: (TRANSLATED BY SERGIO R+ODRIGUEZ) He would like to...
he's asking to see if he can remove this application at this point.
Mr. Cardenas: Let me, if I can, tell the neighbors what it is, because I
don't think that they fully appreciate what our client is telling.
Mayor Suarers Are you suggesting, A1, before you try to explain it some other
way, so we can understand it, maybe more quickly, that it would have the same
effect as a denial in terms of the time that he could file for...
Mr. Cardenas: No air.
Mayor Suarez: OK.
Mr. Cardenas: Our client... as you know, current law does not permit
refiling, because we have, at this point in time, there is not an ordinance
which permits a re€iling. Our client is basically a... and I wanted to give
the full presentation to the neighborhood and to the Commission at the
client's request, because we want to leave here this evening united, but
conscious of the fact that our client felt he had a reasonable case and a
strong case regarding the merits of what his proposal is. Mr. Rodriguez is a
man who you will grow fond of he has decided to withdraw the code and I have
checked with legal counsel earlier this evening, through Lucia Dougherty and
we have decided that, or at least I think we are legally entitled to rescind
this special exception which was granted to us by the Zoning Hoard. If we
rescind that special exception as part of this process you would not in effect
be in a position to have to vote on an approval of the appeal or denial of the
appeal. I essence, we go back to square one, but our client doesn't want to
be in a position, he wants to try, let me put it in perspective, what he wants
to accomplish and then let's talk to counsel about it, because I think I would
like to spend whatever time is necessary for you to make the a right decision.
Our client wants to try without waiving his legal rights in the long term and
to try to prove to the neighborhood that we'll to build a facility and with
the permitted number of parking spaces, and see how that goes for the benefit
and good will of the neighborhood and we are sure that within a reasonable
period of time, there is going to be the proper relationship between the Coral
Gate residents and the Varadero Supermarket, just as there exists in all of
the other markets he has throughout the County. Our client is willing to do
this and he would not bar the possibility should years down the road something
proves the need for this parking to be made necessary, for him to reapply
without having the vestiges of res judicata or having been denied on the
_
merits because he doesn't feel he is wrong on the merits. And the same token,
he's willing to give a try, with the neighbors to have this matter disposed of
and to give it a fair shot. Now, what we are not willing to do...
Mayor Suarez: We get the general idea, but this is going on and on and on and
our legal counsel here...
Mr. Cardenas: Yes, what we are not willing to do, what I want you to
-
understand and the neighbors to understand...
Mayor Suarez: ... the City Attorney, wait a minute A1, the City Attorney is
telling him, whispering back here, I'd much rather do it on the record, Mr.
City Attorney... that we cannot allow this, but go ahead, and just quickly
finish what it is. It sounds to me like it is pretty clear that he'd be
.°
willing to withdraw this application at this point now.
Dr. Alonsos We are willing to... here is what we want to do, quickly. We are
n
willing to rescind the application.
Mayor Suarers I don't think, from what I am hearing it can legally be done,+
even if we were disposed to allow that.
f
Mr. Flummers Why not?
Mayor Suarez But let's hear from the City Attorney, because we can't go'
rx
around and around. Mr. City Attorney, Madam City Attorney, any City Attorne
Ms, Miriam Maers My understanding at first was that he wanted to withdraw bin
application, to which I would have to say no, that you know, at this point In
time, because the decision of the Zoning hoard on a special exception is
final. He cannot at this point in time withdraw his application, NOW0 .,
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281 itov 10,i� 1141 is
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Mayor Suarez: Because the effect would be a denial?
Ms. Maer: Yes... well remember, he was granted the relief you requested at
the Zoning Board level and the appeal is taken is taken by the property
owners. At this point basically, the Zoning Board...
Mayor Suarez: So the status quo would be an approval if we took no other
action at that point other than to continue. I see.
�j
Ms. Maer: Now, if you were to continue this, you are talking about continuing
it for a period of time, I'm checking for the time frames, because remember
when an appeal is filed, it has to be heard by this Commission within 45 days,
I believe, from the date that notice of appeal is filed. I'm now checking to
see if there is any leeway there at all in terms of the extension of time.
Mayor Suarez: Now, do you understand that your proposal or request or
whatever it is is so that can if they ever reapply again come under the prior
ordinance, is that the idea as you understand it?
Mr. Cardenas: No, we were not. We are not even requesting that. We don't
want to be affected on the merits by a situation like res judicata.
Mayor Suarez: Well, let me then say, how could they ever reapply? They would =
have to wait for a change in our zoning laws or something?
Mr. Olmedillo: Yes, the they have is that they are grandfathered
under transitional uses and that is what they applied within...
Mayor Suarez: He just said no, that's not what the reason he's doing it. He
said he is willing to state for the record, put in the record to abide by the
new ordinance.
Mr. Cardenas: We are willing to rescind our special exception. Now, that
—�
was a right that the City gave to us through its Zoning Board. I don't know
of any law which prohibits an applicant and I had checked this, now, that's
_
our legal opinion, our off ice's legal opinion. I had Lucia Dougherty and
others in my office discussing it and frankly, we're of the legal opinion that
you have a right to rescind a right which you've been given and we are willing
_
to state on the record that we're willing to rescind the special exception
—
that was provided to us which will get us back to ground zero. Now, where are
we at ground zero? Ground zero right now, you don't have any current Code
which permits us to refile, so in effect, the neighbors, from their own
=
perspective, feel more comfortable about it, we're denied the right in the
future, years from now, to revisit the issue if and when the City Code would
change.
Mayor Suarez: OK, but what we want to know, very obviously, if you are
-
withdrawing, it must because you hope someday to be able to come back.
Question number one is...
Mr. Cardenas: No, no, not to hope. We want to preserve our rights if that
became necessary.
Mayor Suarez: That possibility. We want to know first of all, does that mean
=
that they would gain any right as to timing, in other words, if it was denied
under our typical rules, you couldn't come back for at least twelve months, if
I remember correctly. But more importantly, in this particular case, you
couldn't come back under the old ordinance, you'd have to come back under the ;
=
new one which doesn't permit this at all. v
f Mr. Plummer: That's correct.
Ms. Maer: You are correct, however as to the first part, remember that law,
that particular ruling, is as to change in the zoning application and this is
an appeal from the special exception, keeping in mind that the applicant,,,.
the property owner prevailed at the Zoning Board level no he now has certain
legal rights. Now, the neighborhood is appealing that grant to the City
Commission. That's different from if he had lost below and was appealing ape;
he'd have an opportunity to withdraw his application, now.
.s
282 Rovomh4r 30# 114;
Mayor Suarez: Yes, now I understand that procedurally the way to get us to
the promised land if we felt that it was the promised land would be different
than just simply continuing. It might require some kind of a motion to deny
something, but I'm just wondering if it can be done at all? Can it be done at
all?
Mr. Orr: Mr. Mayor, briefly for the record, from the homeowners' position, we
are the appellant here and the posture of the case...
Mayor Suarez: I know you want us to deny, but...
Mr. Orr: I understand that, but the posture of case is as appellants we are
before you. If they seek now to do what they call rescind, what in essence
we would have to say on the record is that they are waiving their right to
come back at a later date. They are waiving their right for now and forever
to seek a special exception under transitional use provisions which has since
been abolished and if they seek to do that now, they cannot come back at some
time later and that's the way we would interpret it for the record.
Mayor Suarez: And we would want to make sure that that was where we were,
back to a state where they could do everything except take advantage of the
ordinance that is no longer on the books and...
Mr. Cardenas: That's not our understanding.
Mr. Plummer: To me there is only one vehicle and I don't know that I like the
idea. Yes, you have to hear the appeal within 45 days, but it doesn't say
that you have to adjudicate in any period of time. We can withhold
adjudication forever. There is nothing stopping us from saying, hey, we'll
bring this up when we damn well please. There is nothing in the book that
says we can't do that.
Mr. Orr: But Mr. Plummer, there is something I would believe respectfully,
_
sir, and the law says at some point the elected City official has an
obligation to properly exercise his duty. That duty includes not only hearing
_-
appeals within 45 days, but adjudicating those appeals within a certain time.
Now...
Mr. Plummer: No, no sir, I'm sorry, I disagree with you...
Mr. Orr: Excuse me, sir.
Mr. Plummer: ... there is nothing in our Code...
Mr. Orr: Excuse me.
Mr. Plummer: ... that says...
Mr. Orr: I'm not speaking about the Code sir, I'm speaking about the law.
Mayor Suarez: What makes you think that? Just...
Mr. Orr: Because in certain common law, for instance, writs of mandamus,
writs of prohibition, an elected official or an appointed official cannot hold
a decision in abeyance ad infinitum, forever. At some point they have to
-
elect to make that decision.
Mr. Cardenas: The motion, excuse me, Mayor.
;;
Mr. Orr: Excuse me, Al, please.
Mr. Cardenas: OK.
{r
Mr. Orr: At some point, that official who is charged with the public trust
'
and that duty of making that decision has an obligation not
necessarily under the Code, Mr. Plummer, but under the law to follow through
"
with that decision. You cannot in abeyance: hold that decision forever, u
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Mayor Suarez: Well, as a matter of public policy and ghat you're ssyieg maicas_
a lot of sense anyhow, but...
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Mr. Plummer: I guess the question is, how long is forever,t
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283 Novmbor :30,P 11i69
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_ 1
Mr. Cardenas: Right. Mr. Mayor, that is right. There are reasonable
parameters that are defined based on circumstances and that is why it is not
codified on a chronological basis. It is all based on what is reasonable
under circumstances. We are family with cases where motions to table have
tabled matters for periods in excess of one or two years. Now, our preference
was for the sake of the neighbors and I hope you understood what we'd trying
to say clearly. We were trying to tell the neighbors and tell counsel, because
you know, if we have the matter adjudicated, if we prevail fine and if not,
fine, but we are both probably going to be headed to a judicial decision which
will cost everybody a lot of time, money, and effort. Now, what I am trying
to suggest here frankly, to be fair to everybody, is that we allowed to
rescind, go back to ground zero understanding that under today's Code we
cannot reapply, you know, for this. We don't want...
Mayor Suarez: If we can work ourselves to that position legally and
procedurally.
Mr. Cardenas: Right, that's right.
Mayor Suarez: Just out of curiosity, would your client be interested in still
proceeding to build this, the food store and so on?
Mr. Cardenas: That's probably the case. Now, he wants to make sure now that
he is the owner in fee simple of these four lots, you know, 15 years from now,
the neighbors may want to say, "Hey look, I mean this is getting unbearable,
we think you ought to do what you wanted to begin with." We don't want to be
in a position where our rights are adjudicated and we leave with them
adjudicated. We are either going to fight it to the end or go we are going to
go back to ground zero, or with a comfort level for the neighbors that they
have an existing ordinance which doesn't permit that which we got us here to
begin with.
Mayor Suarez: Assuming that procedurally we can get back to a situation where
even though we haven't finally adjudicated it, and you couldn't take advantage
of the ordinance that you applied under, but you have take the new ordinance.
In any event, I not sure that first all, our attorneys are even going to
recommend this and then we are going to hear from you as to why you oppose
that and then we are going to vote and go home.
Mr. Orr: Well, Mr. Mayor, I would like to reserve my right for rebuttal. I
don't want to argue this point.
Mayor Suarez: Wait, wait. Well, that will be part of your rebuttal. I'm not
going to give you a heck of a lot of time for rebuttal anyhow. We've heard
every possible thing...
Mr. Orr: Mr. Mayor, there are some things, please.
Mayor Suarez: ...but I do want to preserve the record, so - and I haven't
been too tight on time on this side, so you'll...
Mr. Orr: We've been here fifty minutes, Mr. Mayor. -
Mr. Cardenas: Fifteen minutes?
Mayor Suarez: No, we're not going to hear you fifteen minutes, I guarantee
you that.
Mr. Orr: No, not for me. But, I'm saying...
Mayor Suarez: You're not going to have a full Commission here if we 'went
fifteen minutes. OK, what do yourecommend as to this possibility? Does it
even exist for us? Does it get us where we want to go even if we wonted to
vote on it? =1
Miriam Maer, Esq.s I believe counsel is correct when he states that the time
limitation, if you were to continue and Withhold adjudication for a period of
time, is determined by parameterp of reasonableness, not a not number of -years
or days
C_
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204 November 300 1
Mayor Suarez; When you say the counselor's right, please tell us which
counsel.
Mr. Cardenas: Who else, Mayor? —
Ms. Maer: Mr. Cardenas, sir.
Y.
Mayor Suarez: OK, so it would be reasonableness meaning?
Me. Maer: A standard of reasonableness, just as in a court...
Mayor Suarez: And you have no idea what that means? Who knows what is "—
reasonable?
Ms. Maer: Reasonableness is determined by the circumstances in each
y
particular instance. However, in terms of how he could...
Mayor Suarez: That's a great standard you just gave us.
Ms. Maer: ...preserve his legal rights in the event that this Commission
denied him by granting the appeal, I'm not sure how he was preserving any
legal rights since he knows that the transitional zoning has been repealed.
If this Commission were to reverse the Zoning Board and... -
Mr. Cardenas: I'm not interested in retaining any legal rights.
Mayor Suarez: Well, the only thing he doesn't have is res judicata. That's
the'only thing he doesn't have.
Mr. Cardenas: I'm not interested in retaining any legal rights. I'm -
interested in not having something adjudicated on the merits. There's a big -
difference. -
Mayor Suarez: All right, that's what I just said.
Mr. Cardenas: That's right.
Ms. Maer: I misunderstood. I understood you were trying to retain your legal
rights, and I don't understand how you could do that.
Mr. Cardenas: No, no, no, I'm not interested...
Mayor Suarez: No, no, just not to have res judicata on the merits.
Mr. Cardenas: Right.
Mayor Suarez: All right, counselor, five minutes and we're out of here.
Mr. Orr: OK. Mr. Mayor, if the basis of the decision here for this ploy is
_
that they seek to rescind their right as they got out of Planning and Zoning
Board, that is a waiver, sir, a knowing relinquishment of a given right. If
they do that with the understanding where they're fully informed that
traditional use has been abolished, they have no rights for the record in
terms of grandfathering. They have no rights to come back in and to seek to
have this special exception reimposed at some later date. This is it. They
are here with vested rights. If they choose to retract them at this points
they are waiving those vested rights and we go forward with that day. But
more important, in terms of rebuttal to the discussion that was hold earlier
by proponents, the issue here isn't commercial versus high rise residential.
`
If that is a threat, the proponent has the right, as a property owner, to seek
to have high rise residential approved. That is not before you today. The
issue is not 300,000 square feet of supermarket space. If the proponent feels
that as a economic principle, he can run a 300,000 square foot supermarket on
that site, more power to him. It's not going to happen. The issue in, what
we're dealing with today, is a proponent who has brought before you a 50,000`
square foot supermarket and has said to you, "We believe, under our standards,
we're going to need more parking," So, rather than try to change this
situation, we've created a problem now with $0,000 square feet, help us out
and change the residential units in back from residential to commercial by
putting these parking lots there, Not to change the zoning, to change the
s
use. And as we've said before here today, for forty years those lots nave
remained residential. For forty years, that wall has remained intact, This
285 November 30, 1909
a,
is one of Miami's oldest neighborhoods and the integrity of this neighborhood
has been consistent throughout the 1920's. Furthermore, with regard to the
commercial owners that abut the Coral Way Drive, the restaurant owners, the
other tenants along that way. If there is a parking problem, that is even
more reason that this proposal should be downsized, not approved in its
current form. You cannot come to a decision maker and say, "We have a
problem, help us out from creating a larger problem." They've created it. If
the parking is there for some of those uses, that parking is also there - if
there's a problem with parking, that problem is also there because of Miracle
Center, sometimes the people that go into those establishments don't want to
pay. They don't want to go up into the parking in that high rise level. They
park on the street. That's not the issue. The one issue we're concerned
about is the residential use of this property. Finally, Mr. Cardenas made
much mention of the fact that he has, what I would term, a gilt-edged list of
proponents. But of all the people that stood up at the beginning of his
presentation, I would ask those same people to raise their hands if they're
residents of this subdivision, because the Coral Gate Homeowners Association
has residents of this subdivision who can't get in here because certain
residents have been here from 3:00 o'clock. Who can't show their support to
oppose this special exception, who can't get in here to exercise their rights
as citizens of this City to oppose an exception which goes beyond what is
reasonable, what is acceptable, what is the right decision. If there's a
problem with parking here, the problem is not the creation of the Coral Gate
Homeowners Association. The problem is the creation of the proponent. The
proponent has many opportunities to rectify that problem other than coming
before the City Commission and saying, "Let's have a special exception." They
can do it well within the bounds of what good planning would require and,
furthermore, they don't need the parking. For the record, our figures show
that they have 248 planned parking spaces. They have 91 parking spaces that
are needed under the code. The spaces they will take out of the four
residential lots are an additional 58 spaces for a total of three hundred and
six. By way of comparison, the Winn -Dixie store at Coral Way and S.W. 32nd
Street, which is a 20,000 square foot store, has 95 parking spaces, a ratio of
one space for 206 square feet. The Winn -Dixie at Coral Way and S.W. 14th
Avenue has 22,500 square feet; 88 parking spaces, or a ratio of one parking
space per 255 square feet. The Publix and Eckerd's at S.W. 27th Avenue and
22nd Terrace is 35,000 square feet with 124 parking spaces, or one parking
space for every 282 square feet.
Mr. Cardenas: Frank, with all due respect, I thought rebuttal was limited to
referring to matters which I raised.
Mr. Orr: Mr. Cardenas, these are the issues which you raised, sir, and
respectfully, sir...
Mr. Cardenas: OK.
Mr. Orr: ...Al, I've known you for a long time. I respected your time during
fifteen minutes that you went over. Thank you very much.
Mayor Suarez: All right, we're going to let you have the full...
Mr. Orr: Furthermore...
(Applause)
Mayor Suarez: Please. Thank you, thank you. Appreciate it because that does
take not only away from his time, but from all of us and - go ahead, complete,
counsel.
Mr. Orr: Finally, Mr. Mayor, in summation, I'd like to say...
Mayor Suarez: By the way, we're not technical on rebuttal because we don't
have those kinds of rules, so you can go ahead and complete and say whatever
you want.
Mr. Orr: Because there are important things to be said.
Mayor Suarez: You can even say bad things about him although I don't...
Mr. Orrs I wouldn't say bad things about Al. I respect Al...
286 November 30, 1989
M
i
A
i
Y
t
RF=111
Mayor Suarez: Nobody's going to believe you anyhow, so...
Mr. Orr: I respect A1, I've known him for several years, and I think the
citizens of Coral Gate Homeowners Association respect the fact that Mr.
Varadero pants to put a very good supermarket there, of which these citizens
are going to be patrons. These are his customers. He should be concerned
about whether or not they're happy.
Mayor Suarez: It's Mr. Rodriguez, but I guess he's like Mr. Varadero too, I
suppose.
Mr. Orr: Mr. Rodriguez, I'm sorry, Mr. Rodriguez. Nevertheless, he should be
concerned about these customers because these will be his patrons. But what I
was getting to was that the parking ratio for this square foot, with the
approved ratio, if you count the spaces, the 248 parking spaces is a ratio of
one to 204 square feet, well within the bounds of what is acceptable in that
community. Well within the City Code, in excess of the City code. Finally,
and I said that before - finally...
Mayor Suarez: You remind me of the media when they say last question and get
you with another five.
Mr. Orr: Finally, we're not here to choose between...
Mayor Suarez: Commissioner Alonso knows about that. Go ahead.
Mr. Orr: Finally, we're not here to choose between a 50,000 square foot
supermarket or, as I said before, high rise residential unit. That's not even
before you. I£ he thinks he can make the economic run and make a profitable
venture out of becoming a land developer as opposed to a supermarket operator,
he's welcome to do that. The issue here is whether or not he's proved his
entitlement to a special exception under the laws of this City, and he has
not. He has enough parking spaces, there are not any more needed. The fact
he's going to spend $6,000,000 investment only proves the fact that he
suspects a substantial pecuniary gain from this project as well as the
commercial property owners along Coral Way who sent in letters, who came up
and testified. They expect to benefit from this. They're not doing this out
of their good offices. So, respectfully, Mr. Mayor, we would oppose the
proponents approval by the Planning and Zoning Board for the special exception
and we would ask that the Commission grant our appeal and deny this special
exception. Thank you, sir.
(Applause)
Mayor Suarez: All right. Commissioners, we've had one wrinkle in all these
z
proceedings which is the offer to withdraw. It is not the easiest thing
procedurally to try to contemplate, but I'm not sure that as a public policy'`
matter, it's something we wanted to do anyhow at this point. But having heard
the matter on the merits, it would make sense, from my perspective, Al, that
we would rule on the merits, but that's up to this Commission. So what is
your pleasure?
Mr. Orr: Mr. Mayor, a point of personal privilege, I'm sorry. There is one
final point I would like to make on the record. This issue, in a sense....
Mayor Suarez: I'm only allowing these, by the way, for everybody, just so
u-
that we have a completed record in case somebody appeals. We are way beyond
the time at which your arguments are helping '
g p ng us. In fact, you're both at. a
point here in time where the more you argue, I think the less we want to vote
for you, but...
fi3f
Mr. Orr: Two minutes, Mr. Mayor, and it's a legal argument and I respect your
position. This issue, in a sense, has been decided by Cordet vs. City f
Miami. I don't know, some members of the Commission may recall that to a case"
which was appealed to the Appellate Division of the Circuit Court whore the
Circuit Court sustained the City's decision after some of these very:sasm"
lots, they should not be changed fromresidential to commorcL&I use.
believe in the Cor dot ease, we were concerned with office parking as opposed
Nf
office or office parking as opposed to parking for a supormarket, but
nonetheless, this issue has boon resolved. This should not be changed,
fit, 5 4� ,
a
r
.a n `
Mayor Suarez: We're going to have to hear from him on that issue now that
you've brought that up. Do you want to say anything on that?
Mr. Cardenas: Yes, of course I do. I hope people understand my argument on
this thing. What I am seeking is to rescind those rights which we, our client
was given at the Zoning Board, a right of rescission which I think I'm
perfectly and legally entitled to have. Now, that get's us back to square one
and I have seen this Commission ion numerous occasions just nod your head when
somebody comes in and says, "I wish to withdraw my application." The right of
rescission is no less a legal right than a right to withdraw an application.
To I have a right to rescind a legal right which you have given me. I have...
you know, we've looked into it, that is I think a solid legal opinion. I have
a right to rescind the Zoning Board's...
Mayor Suarez: Well, when you say you have a right, you mean an absolute right
that we couldn't deny?
Mr. Cardenas: Mr. Mayor, I was given a right, it's not yet been...
Mayor Suarez: Or one that we have discretion to, or is that what you are
saying, we have discretion to say yes or no on your right to rescind? - or on
your petition to rescind at this point?
Mr. Cardenas: Well, I think at this point, that's a good debatable question
I'm not sure I know the answer to. I would...
Mayor Suarez: I'm not sure I know... I'm not sure I even know what the
question is.
Mr. Cardenas: I would personally feel a lot more comfortable if you voted on
it, frankly, rather than just come here and say I have absolute right of
recision.
Mayor Suarez: OK, anyhow, Commissioners, we've got about
as complicated an
®
issue before us on the legal standpoint, from the public policy standpoint, it
may not be so complicated, but that's up to you. Yes.
Ms. Maer: Mr. Mayor, if I may, I have two points just to
clarify. First of
_
all, as to the right of recision, without having had the benefit
of the time
they have spent to research it, what we are appealing
here is not their
application for the special exception. We are appealing
the Zoning Board's
_?
decision. The Zoning Board made a final decision, yes,
grant for special
_
exception, OK? The neighborhood took an appeal from that
public decision to
grant the special exception. At this point in time, I'm
right of recision because you have as a matter of record,
not sure he has a
the Zoning Board's
-
resolution. The decision of the Zoning Board, by the
way, to grant the
-
#
special exception is a decision that runs with the land, it
the applicant. Secondly, just as a point of clarification,
is not personal to
I may have mislead
#
you earlier, section 2606-4 of the Zoning Ordinance, it provides
that where a
special exception has been denied, the Zoning Board shall not thereafter
consider an application for the same special exception on
all or any part of
that same property for one year from the date of denial, so in the event...
Mayor Suarez: That was the other provision that I was referring to.
Ms. Maori OK, in the event that you were to reverse...
I
Mayor Suarez: That doesn't seem to be an issue, because an appellee wouldn't
be thinking of doing that within a year anyhow. The question
is, do t,hoy go
s
back to the new ordinance and I think you are saying
that there is a
f
procedural say that we can somehow do that if we were disposed
Ms. Maori Disposed to do what?
to do that.
Mayor Suarez: To somehow accept their withdrawal and say,
however, that they
J
could never apply under the old ordinance, they would have
to apply under the
new ones. Were you not even sure about that, that we could
do that?
,?
M!
Ms. Maori Whet I was saying, the only...
2
Mr. Cardenas iyes, well, T, with a point of privilege, it second. Wher4 I
disagree with all duo respect, with counsel's perspective,
is tbot Hers1#
:�
280
rv. -
really not a final decision being made which is judicial, in other words, it
can be appealed to the judicial branch of government, until you make a
decision. In other words, no one could go from the Zoning Board to a court to
appeal a case because of that very simple definition. You are the final, so
to speak, stage in the administrative process, so the Zoning Board, even
though they gave us the right, it was not a final right. It's not final until
you make a decision on it, because it's not...
Mayor Suarez: I don't know, but this argument really has to be made at the
Supreme Court of the Sate of Florida.
Mr. Orr: Mr. Mayor, for the record...
Mayor Suarez: I'm sure you disagree with all of that.
Me. Maer: I'd just like to point out one more thing. Let me just point out
one more thing for the benefit of your consideration at this point in time.
The roll of this City Commission at this point, the decision of the Zoning —_
Board is final, unless an appeal is filed within the prescribed time.
Mayor Suarezt OK, we needed for you to say that into the record. That's your
advice to us? That is our roll to decide whether we let that stand or we _
overturn that.
Ms. Haar: Well, you have three decisions you can make under the provisions of
the Zoning Ordinance.
Mayor Suarez: I was hoping you'd give us two.
Ms. Haar: You can reverse the Zoning Board. You can affirm the Zoning Board.
—
You can modify the decision of the Zoning Board.
Mr. Orr: Mr. Mayor, not only would I like to reiterate the fact that it is
-
our position that if they chose to quote, unquote, rescind, as they say, they -
-
have waived their rights, but moreover, although Mr. Cardenas is concerned
about res judicata in the fact that he would have a final decision
appeals, we would have the opportunity to go forward to the courts and make a
declaratory judgment as to the status in this situation and our legal rights
—
based upon
=
Mayor Suarez: I have no doubt that you would invoke every possibly -
procedural way of saying that this is a final action. All right, _
Commissioners, what's your pleasure? What's your not pleasure? He's the
famous right? All right, no one? It dies because of lack on
_
interest? I, in that case, will move to deny the application.
Mr. Dawkins: Second.—
_
Mayor Suarez: Actually, I'm sorry, to approve your appeal.
Mr. Dawkins: Yes, second.
Mr. Plumaner: To overrule the Zoning Board.
Me. Haar: Reverse the Zoning Board. A motion to reverse the Zoning Board.
k
Mr. Plummer: to overrule.
—
Ms. Maori Reverse... you have the opportunity to reverse affirm or modify. y PP y reverse,,affirm, y• = �x
Mr. Cardenas: Or... excuse me point of privilege... or they also have .`a
right to confirm their recision.
Mayor Suarez: Or to accept your withdrawal or recision.
Mr. Cardenas: Right, to accept our withdrawal or recision.
Mayor Suarez: If anybody would make that motion.
Mr. Dawkins: Is that a right? ;r
289Ttn►embsFt w.
t� d
Mayor Suarez: if anybody would make that in a substitute motion, we would
contemplate it, Al.
Mr. Orr: Mr. Mayor, I'm sorry, but as a point of personal privilege here
again, and I would like to have this being continuing...
;7
Mr. Plummer: Is this your final?
Mayor Suarez: Wait, wait, wait, no more points of personal privileges. We
have a motion and a second.
Mr. De Yurre: We have to go, you know, as for legal opinions, we have to 'r
go with our City Attorney's legal opinion, that's it. You know, that's it,
that's it. _
Mr. Orr: I'm not arguing that. I'd like to reiterate what I've said before.
Mayor Suarez: You don't need to and it won't help you.
Mr. Rodriguez: Mr. Mayor, for the record, and your decision into
consideration, the package that was included, that includes recommendations
from the staff.
Mayor Suarez: I'm glad you pointed that out for the record. OK.
Mr. Dawkins: What now?
Mayor Suarez: That we took into consideration all the recommendations of our
Planning Department and everything that's in our package, which is in the
record.
Mr. De Yurre: OK, we have a motion and a second. Any further discussion?*
Please call the roll.
Me. Maer: Commissioner...
Mr. De Yurre: Motion is to reverse the Zoning Board's decision.
Ms. Maer: And thus deny the special exception.
Mr. Dawkins: And deny the special exception.
Mr. Plummer: You know, let me just make a comment.
Mr. De Yurre: Mayor Suarez moved and Vice Mayor Dawkins seconded it.
Mr. Plummer: Discussion. Under discussion. It's a tough decision in some
ways. It's an easy decision in others. So damn seldom do we see a man who
comes in and has the parking that is required and wants to provide more
parking. That's unusual, we don't see that around here enough. We see it
more so that they are asking for a waiver to not provide all the parking
that's even required. I think that all of the people, as myself and the
people ofCoralGate have seen the absolute disaster that is going on is and
�<
around the Miracle Center. There's no question. If you go in that parking,
lot, it is an absolute, in my estimation, in my opinion, of which I"am
entitled to, a disaster, especially if you drive a long Cadillac like I do.
It might be great for a Yolkswagon, but I tell you, for a full aimed car,, it
is a disaster. I just... you know, it's... I think the thing that really'is.
in the back of my mind, is not this application alone, nor was it the: Mir4010`€
k
Center's application alone, but I think Mr. Rodriguez, Sergio Rodriguez; not.
the good one, the bad one... tell me again what the potential betwieat lUd
r
Avenue and 97th Avenue from the Coral Gate Wall to Coral Way, the square
footage that can be built in that area. As I recall, it was in 'the millions
of square feet.4
,
VY °t ti
Mr. Rodriguez: I don't have a figure that I can give you of course, from the
top of my head, but I realise you are trying to make a point is the
of five Miracle Centers, maybe six Miracle Centers.
Mr. Plummer: And bow many square feet is the present Miracle Center?
x+
_
}4 -
9Q■A�
q.RT�FS.l
t
-7.:.,.
-
Mr. Rodriguez: Let me ask Cardenas, he knows. He represented that, so he
might know.
Mr. Plummer: As I recall, did I not hear a thing that says there could be
some 3,0000000 square feet?
Mr. Cardenas: Yes, that's about right.
Mr. Plummer: Is that correct?
Mr. Rodriguez: I couldn't tell you exactly.
Mr. Cardenas: Maybe two point five three.
Mayor Suarez: A lot of square feet.
Mr. Plummer: OK, a lot.
Mr. Rodriguez: A lot, it's a lot.
Mr. Plummer: You know now, we've only had at this present time the Miracle
Center application and the thing that scares me with that, it is only Phase I.
Phase II, which they can build tomorrow without a permit, is twice as much as
what is there presently. Don't tell me no, Ma'am! They can build in Phase II,
Mr. Rodriguez, what is the actual Phase II of the Miracle Canter?
Mr. Rodriguez: I'm trying to find out the number of floors.
were either seven or eleven more floors of residential.
Mr. Plummer: Eleven more? Eleven!
Mr. Rodriguez: In top of the parking garage.
I believe there
Mr. Plummer: On topl A tower above, OK? Now what bothers me, what really
bothers me is what is going to happen if in fact that total area is developed -
to what it can be developed. 3,500,000 square feetl Where in the hell is the _
parking going to go?
Unidentified Speaker: Coral Gables.
Mr. Plummer: Coral Gables? I agree, move itl I love itl You know, it is
just the idea that we'd better be given some...
Mayor Suarez: Commissioner, we are about to close debate on this and I will
entertain a motion on it, if you are almost finished, please. N
Mr. Plummer: Well, we have a motion on the floor already, Mr. Mayor,
I'm
under discussion.
Mayor Suarez: Right and I will pretty soon either close off debate
entertain a motion to do that by a majority of this Commission.
or
Mr. Pluimerr Well, Mr. Mayor, I made my point. That's fine, I'll shut up.
—
Mr. Dawkins: OK, Mr. Mayor, you know, I would like to say that I resent
the
implication that Mr. Rodriguez donated 41,000 to my reelection campaign in,the
hopes of buying a vote. I resent that. The fact that ho,donatesi to,
AV,
campaign knowing that I am one of the proponents up here who opposed
transitional use, everybody knows it, he's aware of it and for someonos
indicate that he did that is veryunjust. I have never one to hiss durin
j 6 $
to
any
.�=
$
3 pia
holiday or at any time seeking charitable aid that he has not given it,
so
those who reported that he attempted to buy a vote from me, I 'resent 1.
and
I'd like for that to go on the record.
r4`
Mr. De Yurre: Any further discussion?
xe
Mr. Cardenass ,Just a point of privilege that I want to Just. state o, tbo
record that we hereby withdraw and rescind the application before the'vote ie
taken.
a
4s�
INAVDIBI.B $ACKGROM COMONT$ NOT MMRID INTO THE PUBLIC RECORD,
N.
A d :
Y
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i
Mayor Suarez: No, he needs to be able to put on the record for procedural
reasons that he is attempting to withdraw even though we don't think he can,
or we are not disposed to accept a withdrawal.
Mr. De Yurre: OX, call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
iL
adoption:
RESOLUTION NO. 89-1085
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING A SPECIAL EXCEPTION FROM ORDINANCE
NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, ARTICLE 20, SECTION 2018, SUBSECTION
2018.2.1, TO ALLOW THE CONSTRUCTION OF A SURFACE
PARKING LOT FOR THE PARKING OF PRIVATE PASSENGER
VEHICLES ONLY, FOR THE PROPERTY LOCATED AT 3270-90
SOUTHWEST 21 STREET AND 2101 SOUTHWEST 33 AVENUE,
(MORE PARTICULARLY DESCRIBED HEREIN) AS PER PLANS ON
FILE, ZONED RS-2/2, ONE FAMILY DETACHED RESIDENTIAL,
IN CONJUNCTION WITH THE PROPOSED VARADERO SUPERMARKET
TO BE LOCATED AT APPROXIMATELY 3260 CORAL WAY, MIAMI,
FLORIDA.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: As I said before, it's a touch decision, but an easy answer, I
vote with the motion.
Dr. Alonso: Yes. I have to say for the record that I have great respect for
Mr. Rodriguez, that I wish we had been able to find a fair solution for the
entire area, that I wish we had been able to coordinate this in a fair way.
Few things have been said about Mr. Rodriguez in this forum today and I want
to say that he has my highest respect and that I consider him a fine
individual and a great businessman and an asset to the City of Miami, but I'd
(APPLAUSE) ... like that to be in the record. On the other hand, I have to go
with the motion and I vote yes.
x rt
Mayor Suarez: Yes, I vote yes, and ditto for me as to Mr. Rodriguez and
hopefully if we ever chase somebody downhe street again, that supposedly to
make some kind of client, you'll still be with me there, Fernando.
Mr. De Yurre: Yes, echoing all that has just been said, I vote yes.
(APPLAUSE)
,
t
---------------------------------------- ---------------
NOTE: AT THIS POINT, THE CITY COMMISSION TEMPORARILY DEFERS
4
CONSIDERATION OF PLANNING AND ZONING ITEMS TO RESUME CONSIDERATION
OF THE REGULAR AGENDA.
.-----lJT----------------------------- --------#-
R s
r
{
r
292
iri
78. MARTIN LUTHER KING DAY PARADE: PROVIDE FOR STREET CLOSURE - ESTABLISH
PEDESTRIAN MALL.
Mayor Suarez: Item 54. I don't know that you have the slightest chance in
the world, but if you want to approach the mike real quick, Dr. Marshall.
You were going to tell us about the Martin Luther King Parade and festivities.
Dr. Preston Marshall: My name is Preston Marshall.
Mayor Suarez: The basic request is for what, Dr. Marshall?
Dr. Marshall: I'm requesting street closure, a waiver of City services,
certificates, parks, etc. and possibly some type of assistance. Also to
include us in the festival policy committee.
Mayor Suarez: Policy committee. Do we have anything in the festival policy
committee funding, Mr. Rodriguez?
Mr. Rodriguez: No, sir.
Dr. Alonso: I have a...
Mayor Suarez: OK, does any Commissioner want to do anything with this item?
Dr. Alonso: Yes. Yes, I have a proposal, I have...
Mayor Suarez: No, no, on this item? No?
Mr. Plummer: Well, Mr. Mayor, I'll move it with street closures.
Mayor Suarez: All right, we have a motion on street closures.
Mr. De Yurre: Second.
_ Mayor Suarez: Second. Any discussion? Call the roll.
Dr. Alonso: Mr. Mayor, I have an ordinance in reference to his case.
Mayor Suarez: Oh, in reference to that?
Dr. Alonso: Yes.
a Mayor Suarez: Oh, I'm sorry.
'
Dr. Alonso: I've been trying to say...
Mayor Suarez: Do you want us to do the street closure first? - as
long as we
have a motion and a second. Go ahead, call the roll on that.
y;
I The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-1086
A RESOLUTION CONCERNING THE MARTIN LUTHER KING DAY
PARADE TO BE HELD JANUARY 15, 1990 PROVIDING FOR THE
,
CLOSURE OF DESIGNATED STREETS TO THROUGH vEHICuLAR
TRAFFIC,.ESTABLISHING A PEDESTRIAN MALL VWZCT TO THE
ISSUANCE OF PRRMITS BY THE DEPARTMENTS QF POLICE AND€
4�
FIRE, RESCUE AND INSPECTION SERVICES AND THE
X
— RBQUIRFM W THAT TIM CITY U INSURED AGAINST ANY
<
POTENTIAL LIABILITY1 CONDITIONED UPON THE ORGANIZERS
x=.
PAYING FOR: TUB NECESSARY COST OF CITY SERVICES
ASSOCIATED WITH SAID RVENT.
p �
�t
(Here fAllpWs body of resolution, omitxad here tad oa
�4
We in the Office of the City Clerk.)
e
03
J
y g
2m�i i9F`'xiM1F.
4 J �
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Rotating voting, I vote yes.
79. EMERGENCY ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "DR. MARTIN LUTHER
KING, JR. PARADE FUND - 1990" - ALLOCATE $6,000 TO BE MATCHED BY PRIVATE
SECTION DONATIONS, WITH PROVISOS.
Mayor Suarez: Commissioner, you want to propose an ordinance?
-
Dr. Alonso: Yes, I have an emergency ordinance establishing a special revenue
`-
fund entitled, Dr. Martin Luther King, Jr., and in order to simplify this, it
'-
is $6,000 amount, and I am willing to go to the private sector to obtain the
- money for this event due to the importance of the event. I have the ordinance
here with me. Do you have this one?
Mr. Fernandez: Yes.
J Mr. De Yurre: OK, you're giving me that back to me now? You are going to go
to the private sector to get the money?
Dr. Alonso: Yes,
Mr. Fernandez: Yes, and the purpose...
Mr. Plummer: No action here.
Mr. Fernandez: The purpose of the ordinance is to create the fund into which
= Dr. Alonso and anybody who would want to contribute would contribute, and then
— . from this fund, then the monies are allocated.
Mayor Suarez: All right, that doesn't sound controversial at all. We are
creating a fund and hopefully we'll find monies to put into the fund from the
private sector. All right, so understood.
�-
- Mr. De Yurre: OK, at no cost, the City doesn't put a penny.
- Dr. Alonso: No.
n
Mr. Plummer: Are we doing them a favor by doing that? Are we m&kiag thee~,a
City co -sponsored in which the police and everything else is going to be time
and one-half rather than regular time?
Mr. Dawkins: No, we've got to get the money
from a private donation,
-
Mr. P1umer: Well, but wait a minute.
If
the request is for "X" number of
dollars under police, by establishing
the
fund, I am merely making# are
then a co --sponsor: and going to cost them more money for the time and 000 ►half 4' a
rather than straight timet,
,, ..
,
Mr. Fernandes: No, our opinion is no,
this
'
fund is totallyunrelated to �y
kind of sponsorship or anything.
tt=�
Kr. Plummer: I'm just asking, realize
if we are co-sponsors, the► patios get ;
time and one-half,
s
29
,
S
Dr. Alonso: We are not.
Mr. Fernandez: We are not sponsoring. We are only opening a fund.
Dr. Alonso: We are not. And it's only that I will try, due to the importance
of this event, I am going to go to the private sector to get the money for
this event, and hopefully this event will be placed in the events that will be
under the budget of the City of Miami. So I make the motion.
Mayor Suarez: We are not hurting ourselves? Have we concluded? All right,
we have a motion, do we have a second? Second. Any discussion? If not, read
the ordinance. Call the roll.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Plummer: All right, let me once again, excess monies go to the City.
Mr. Fernandez: Correct.
Mr. Plummer: And you are saying that does not make us a cosponsor?
Mr. Fernandez: No, it does not. That's not the intent and that's not the
way that the ordinance reads.
Mayor Suarez: It's like setting up a fund to...
Mr. Plummer: We're the recipient of the receipts of anything in excess.
That's what I'm trying to say. Hey, all I'm trying to say is, I don't want to
create a problem that we could maybe eliminate.
Mayor Suarez: OK, with the assumption that we're not, call the roll. We can
always rescind it, I suppose.
Mr. Plummer: That's fine.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE
FOND ENTITLED "DR. MARTIN LUTHER KING, JR. PARADE
FUND--1990" IN THE AMOUNT OF 66,000 FOR THE PURPOSE OF
_
EXPENDING MONIES TO DEFRAY EXPENSES INCURRED IN
CONNECTION WITH THE PARADE TO BE CONDUCTED IN THE CITY
OF MIAMI DURING THE MONTH OF JANUARY, 1990 IN
OBSERVANCE OF THE BIRTHDAY OF THE LATE DR. MARTIN
LUTHER KING, JR., REVENUE IN A LIKE AMOUNT BEING#.
AVAILABLE FROM PRIVATE SECTOR DONATIONS; FURTHER
'
PROVIDING THAT ANY SURPLUS OF FUNDS REMAINING AFTER
THE PAYMENT OF EXPENSES INCURRED AS A RESULT OF
STAGING THE 1990.PARADE SHALL BE MADE AVAILABLE FOR
Y'
USE IN CONNECTION WITH THE CITY'S ONGOING FUNDING
PROGRAM FOR COMMUNITY CULTURAL EVENTS AS ESTABLISHED
BY ORDINANCE NO. 10206; CONTAINING A REPEALER
F
PROVISION AND A SEVERABILITY CLAUSE.
-1 Was introduced by Commissioner Alonso and
Plummer, for adoption as an emergency measure
requirement of reading same on two separate days,
_ following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
seconded by ;Commissioner
and dispensing with the
which was agreed to by the
"` 4
Whereupon the Commission on motion, of Commissioner Alonso v
by Commissioner Pier, adopted said ordinance by the tollovinig votel.
295
r
AYES: Commissioner J. L. Plummer, Jr. -
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez M-
iP
NOES: Norte.
Y4-
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10676.
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.
80. ACCEPT BID: L & L BUSINESS INTERIORS - FOR FURNISHING FOUR WORKSTATIONS
FOR LAW DEPARTMENT.
Mayor Suarez: All right.
Mr. De Yurre: Last item is approving an expenditure of $9,095, which is
needed by the Legal Department for adding cubicles for secretarial space,
money which is already in their budget. I so move.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
-
- Mr. Plummer:Wait, wait, whoa.
Mayor Suarez: You still have energy?
Mr. Plummer: Is this money been... is this stuff been bided out?
-
Mr. Fernandez: Yes, it has, completed bided out, everything, and because
of
the time factor, it came in, you by postponing the meeting until today,
the
bids came in, everything was properly done through GSA and bids, you see
all
a
the attachments there."
Mr. Plummer: And how is the successful bidder?
Mr. Fernandez: The successful bidder is a minority. It is a woman, it is
L &
_
L Business Interiors, which is minority... This Commission has approved over.
the last three or four months, two Assistant City Attorneys positions: In?the
- past we had two secretaries sharing one cubicle. We just need the place
to
'
put people in.
Mayor Suarez: Call the roll. You said fine. He's the only opponent.°
Mr. Plummer: Hell, it's nothing but money.9R.
;art
vR
t f.�
Pk
_
R `
�
X
>'
290 NP�►t
�' '�
f.
�i° l
U_j
E
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-1087
A RESOLUTION ACCEPTING THE BID OF L & L BUSINESS
INTERIORS FOR THE FURNISHING OF FOUR (4) WORKSTATIONS
FOR THE LAW DEPARTMENT AT A TOTAL COST NOT TO EXCEED
$9,095.001 ALLOCATING FUNDS THEREFOR FROM THE 1989-90
OPERATING BUDGET, ACCOUNT CODE NO. 230101-840;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS
FURNITURE.
(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 J. L. Plummer, Jr.
Commissioner Miriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
81. STATE COMMISSION'S SUPPORT OF A COALITION OF MAJOR HISPANIC AND CUBAN-
AMERICAN ORGANIZATIONS IN ITS EFFORTS PETITIONING THE COMMUNITY TO
EXPRESS PUBLIC INDIGNATION OVER CUBAN GOVERNMENT SENDING ITS
REPRESENTATIVES POSING AS ACADEMICS WHILE CONTINUING TO IGNORE BASIC
HUMAN RIGHTS.
Mr. De Yurre: Mr. Mayor, the last item is a resolution ... (AT THIS -POINT,
COMMISSIONER DE YURRE READS RESOLUTION INTO THE PUBLIC RECORD. SEE R-89-1088
HEREINBELOW) I move that we in spirit support this effort.
Mayor Suarez: So moved.
Dr. Alonso: I second.
Mayor Suarez: Seconded. Will we get to see the language? - because I would
like to reserve the right to sign a way on it until I see the language.
Mr. Fernandez: Basically the language will track the
title. We'll make
sure..
.
Mayor
Suarez: OK, because the title has a couple of things iu it that I would
leave
out and I would make it a lot more reflecting of
our outrage over the
Cuban
government, than over the participation of any one
member or any person
^<
from
Cuba in any kind of a forum here, which I.think is
not something that we
6y'
ought
to particularly discourage unless they are here to
try to.infiltrate or
x
try to create a problem for us security -wise, or subvert.
Mr. Fernandez: That's a matter of question of policy for the Commission.
Mayor Suarez;
As long as I gat a chance to,
look at the wording, sign away on
it, that's all
I want to
reserve. Do you have any problem with that? >,
L<
Mr. De Yurre:
I think
that the message is
that they are being double-faced
about showing
one face
here while they are doing horrendous thing* over
there.
Mayor Suares:
Could you
reflect that in the
resolution so that it says that?„
297
a�bxovesr 304 4 i
� T
-
t a-
�s •
Mr. Fernandez: I certainly will.
Mayor Suarez: Thank you. So moved and seconded. Any discussion? Call the
roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 89-1088
A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING
ITS SUPPORT TO A COALITION OF MAJOR HISPANIC AND
CUBAN-AMERICAN ORGANIZATIONS IN THE MIAMI AND DADE
COUNTY AREA INCLUDING THE MUNICIPIOS, FACE, H.A.B.A.,
L.B.A. & N.A.C.A.W. AND MANY OTHERS; WHERE THE
COALITION IS PETITIONING THIS COMMUNITY TO EXPRESS
PUBLIC INDIGNATION AND OUTRAGE OVER THE TACTIC OF THE
CUBAN GOVERNMENT IN SENDING REPRESENTATIVES HOLDING
THEMSELVES OUT AS ACADEMICS TO ATTEND THE CONFERENCE
DECEMBER 4-6 OF THE LATIN AMERICAN STUDIES ASSOCIATION
AT FLORIDA INTERNATIONAL UNIVERSITY; WHILE THE CUBAN
GOVERNMENT FORCES PEOPLE TO LIVE IN A SYSTEM IN WHICH
BASIC HUMAN RIGHTS ARE NOT RESPECTED, AND ACADEMIC, AS
WELL AS ANY OTHER FREEDOMS ARE DENIED.
(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
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
-- 7EXRE BEING NO FURTHER BUSINESS TO COIF BEFORE 7HR CITT
COMMISSION, THE MEETING WAS ADJOURNED AT 9:57 P.M.
Xavier L. Shares
— !MAYOR
AIZESTc
!Natty Hirai
CITY CLWK
'halter J. Foeman .
ASSISTANT CnT CLERK
e8y
* ! NCORP t)RATE
,y1
290 November 30,. ,tt
�. ... -...----•-_...«...�... _..,.. _-�. .. _:,�._ 1... ,.. k J Jan .Y+..,
mm NOVEMBER 30, 1989
PM Nw. 1 of 5
EXPRESS SYMPHATY AND CONDOLENCES TO FAMILY AND FRIENDS OF
FORMES MIAMI POLICE CHIEF HERB BRESLOW,
ACCEPT CITY CLERIC'S CERTIFICATION/DECLARATION OF RESULTS
OF THE NONPARTISAN PRIMARY ELECTION (NOVEMBER 7, 1989) TO
ELECT MAYOR (GROUP I) AND TWO COMMISSIONERS (GROUPS IV & V)
(Notee ELECTED WAS: MAYOR XAVIER L..SUAREZ (GROUP I).
ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS OF
THE tENERAL MUNICIPAL, ELECTION (NOVEMBER 14, 1989) TO ELECT
TWO COMMISSIONERS (GROUPS IV & V ). (Note: ELECTED WERE:
COMMISSIONER MIRIAM ALONSO (GROUP IV) AND COMMISSIONER MILLER
J. DAWKINS (GROUP V) '
ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS OF
THE SPECIAL MUNICIPAL ELECTION (NOVEMBER 7, 1989) (CHARTER
AMENDMENT NO. 1) - TO RAISE THE DOLLAR AMOUNT REQUIRED TO
OBTAIN SEALED COMPETITIVE BIDS IN THE PROCUREMENT OF GOODS/
SUPPLIES/COMMODITIES FROM $4,500 TO $10,000 . (Note: Charter
Amendment No. 1 was disapproved by the electorate.)
ACCEPT CITY CLERK'S CERTIFICATION/DECLARATION OF RESULTS OF
THE SPECIAL MUNICIPAL ELECTION (NOVEMBER 7, 1989) (CHARTER
AMENDMENT NO. 2 ) TO EXPAND THE CITY COMMISSION, EFFECTIVE
3.991, FROM 5 TO 9 MEMBERS (5 TO BE ELECTED ON SINGLE -MEMBER
DISTRICT BASIS AND 4, INCLUDING THE MAYOR, AT LARGE; ESTABLISH
DISTRICT BOUNDARIES TO BE DEFINED BY A BOUNDARIES COMMITTEE
TO BE IMPANELED IN 1991 AND AFTER EACH FEDERAL DECENNIAL CENSUS
STAGGER TERMS OF OFFICE FOR ALL COMMISSIONERS AND THE MAYORt
CHANGE REQUIREMENT FOR AN EXTRAORDINARY VOTE OF THE CITY
COMMISSION. (Notes Charter Amendment No. 2 was disapproved by
the electorated.)
ACCEPT CITY CLERK'S CERTIFICATION/DECLAMTION OF RESULTS OF
THE SPECIAL MUNICIPAL ELECTION (NOVEMBER 7, 1989) (CHARTER
AMENDMENT NO, 3) ADJUST ANNUAL COMPENSATION, EFFECTIVE
1991, TO COMMISSIONERS AND MAYOR TO BE PROPORTIONAL TO THE
CONSUMER PRICE INDEX (CPI), SINCE 1949, THEREAFTER ANNUALLY
IN PROPORTION TO CHANGES IN CPI= MAYORS COMPENSATION TO BE
10% HIGHER THAN COMMISSIONERS. (Notes Charter Amendment No.3
was disapproved by the electorated).
ELECT AND REAPPOINT NATTY HIP= AS CITY CLERK
ELECT AND REAPPOINT JORGE L. FERNANDEZ AS CITY ATTORNEY,
APPOINT COMMISSIONER MILLER J. DAWKINS AS VICE MAYOR
EXTEND EXISTING AGREEMENT WITH PUBLIC EEALTH TRUST walcm
OPMTES JACKSON MEMORIAL HOSPITAL FOR THE CwRDT"TI4w QF
M
89-1003
89-1005
89-1006
89-1007
89-1008
89-1009
z
89+1Q1G
-�^
ZMERMCY MEDICAL SERVICES PRM DED BY ZM'R$SM =ng"N
OF TEE CTTX of MISS;[, rus/RB *w zisPECnoupomcso
DOCUMENT INDEX
VAG11 2
130SiHl EIt 30
Documm �►
ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND TO COVER EXPENSES
89-1014
-
INCURRED BY MIAMI POLICE COPS AND KIDS ATHLETIC DRUG DIVERSION•
-
NARY -PROGRAM. ($110,000)
ALLOCATE FUNDS FROM LAW ENFORCEMENT TRUST FUND FOR DARE-MIAMI
89-1015 _
CRIMINAL JUSTICE COUNCIL ($35,000).
APPROVE ADDITIONAL PURCHASE: MICROCOMPUTER AND PERIPHERAL
89-1016
=
EQUIPMENT FROM UNISYS CORPORATION (UNDER EXISTING STATE OF
Q
-
FLORIDA BID AWARD CONTRACT) FOR DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES.
AUTHORIZE PURCHASE-. 2 DICTAPHONE 5602 DUAL TRANSPORT RECORDERS,
89-1017 -
2 DICTAPHONE 9600 SIXTY CHANNEL REPRODUCERS, AND 110 ROLLS OF
CONTRACT)
-
1" RECORDING TAPE (UNDER EXISTING STAT$ OF FLORIDA
CORPORATION
DEPARTMENT OF GSA/COMMUNICATIONSTING
FROM DIVISIO
-
-
ENCY 911 S
EMERGENCY 911 SYSTEM
AUTHORIZE PURCHASE : POLICE PATROL SCHEDULING SYSTEM - ALLOCATE
89-1028 —
_
FUNDS FROM LAW ENFORCEMENT TRUST FUND.
—
OF
AUTHORIZE CITY MANAGER TO EXECUTE CONSENT TO ASSIGNMENTUIROGA,
89-1029
—
EXISTING AGREEMENT BETWEEN CITY AND RODRIGUEZ, KHULY, Q
—
ARCHITECTS, TO KIiUI'Y► ALVARNZIG
SUBSTATION.
ASSOCIATED WITH CONSTRUCTION OF SOUTHDISTRICT pOLICE
-
-
RATIFY CITY ATTORNEY'S EMPLOYMENT OF STEEL HECTOR & DAVIS TO
89-1030
SERVE AS CONSULTANT IN CONNECTION WITH THE CASE OF P.N.M.
_
CORPORATION vs. CITY OF MIAMI V. FULLER & SADAO, P.C. - FEE
NOT TO EXCEED $25,000
-
AMEND CONTRACT FOR A COMpUT�ZEi�ACCO�TOSINCLUDE RECEIVABLE
89-1031
ADDZTIONAL
WITH MOORE GOVERNMENTAL r
-
PROGRAMMING WORK AND AN ADDITIONAL WEEK OF ACCEPTANCE TESTING.
TO EXISTING AGREEMENT BETWEEN DEPARTMENT OF
89-1032 -
EXECUTE AMENDMENT
OFF-STREET PARKING AND C•
APPROVING FEE FOR 20 RESERVED pARKINSPACESYINIMUNICIF GARAGE
NO. 4 -APPROVE NECESSARY PHYSICAL CHANGES IN GARAGE TO
—
—
ACCOMMODATE THE RESERVE PARKING SPACES.
EXECUTE PROFESSIONAL SERVICES AGREEMENT: A FOSTER HIGGINGS & CO.
89-1033"
INC. -FOR ACTUARIAL ASSISTANCE IN PENSION MATTERS COST NOT
—
TO EXCEED $40,000.
AUTHORIZE CITY MANAGER TOFENTER
OEFMENT WITH,
89•-1034 � —
MEDICAL SERVICES, INC. OLLECTION EMERGENCY MEDICALAUTOMATED
�=
_
TRANSPORTATION FEES.
-
-SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF ORANGE
89-i038
ESTABLISH
BOWL STADIUM BY KIWANI$ CLUB OF LITTLE iiAVANAr INC.FOR:
�r
PRESENTATION OF "CARNAVAL NIGHT" ONCE A YEAR (JANUARY 11 1990)^,
DECEMBER 31, 1992) r EXECUTE USE AGREEMENT •
' r
ISSUANCE OF 4,000 COMPLIMENTARY TICKETS FOR "CARNAVAL.{-
89a-103b
APPROVE
MIAMI" PRESENTED BY KIWANIS CLUB OF LITTLE HAVAINC., AT
�.
-
ORANGE BOWL STADIUM ON 11ARCH 4, 1989.
s
AUTHORIZE AGREEMENT WIll'H EAST LITTLE HAVANA COWITX " T7�EVE�+Ops
$9�1Q37 r ,W
- y
M 1T CORPORATION «• CONCERNING PROPOSED 11-•UNIT AMRDAM
AND 998
HOUSINGTOWRROME PROJECT AT 720 AND 720 S.W. 2 PTREET
'1�
a r
"
c NgT=pOXjOOD
S.W. STREET EAK LITr /yam
lNTEpm" pwxxoQ
WAAM }0 D Qnumm ($105,000) rpm
n �y� GATIOAI BONDS !
RAL
c Ka
DOCUMENT INDEX
PAGE_ 3. Or 5
AUTHORIZE CITY MANAGER TO MAKE OFFERS AND EXECUTE PURCHASE 89-1038
AGREEMENTS WITH PROPERTY OWNERS FOR ACQUISITION OF SIX PARCELS
WITHIN EDISON/LITTLE RIVER, ALLAPATTAH AND MODEL CITY COMMUNITY
DEVELOPMENT TARGET AREAS, CONCERNING THE CITY -SPONSORED
SCATTERED SITE AFFORDABLE HOUSING DEVELOPMENT PROGRAM - ALLOCATE
FUNDS (11TH YEAR CDBG)+- AUTHORIZE CITY ATTORNEY TO CLOSE.
ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF BOBBY 89-1039
MADURO BASEBALL STADIUM BY DAVID SENIOR SPORTS, INC.(D/B/A/.
GOLD COAST SUNS) - FOR PRESENTATION OF 8 BASEBALL GAMES, .
MINIMUM (OCTOBER 1989-FEBRUARY 1990) - AUTHORIZE USE AGREEMENT.
AUTHORIZE CITY MANAGER TO SUBMIT AN APPLICATION TO U.S. DEPARTME89-1040
OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR AN $8 MILLION LOAN -
TO PURCHASE LAND FOR REDEVELOPMENT WITHIN SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AREA.
VACATE/DISCONTINUE/ABANDON NORTH 7-� FEET OF LOT 4, BLOCK 22 89-1041
SOUTH, "A,L. KNOWLTON MAP OF MIAMI" (PLAT BOOK "B" , PAGE 41)
- RETURN SAME TO PRESENT OWNER - EXECUTE QUIT CLAIM DEED.
ACCEPT 16 DEEDS OF DEDICATION FOR HIGHWAY PURPOSES APPROVE 89-1042
RECORDING OF SAME.
SUPPORT NOMINATION OF MIAMI SENIOR HIGH SCHOOL (2450 S.W. 1 ST.) I 89-1043
TO THE NATIONAL REGISTER OF HISTORIC PLACES.
CLAIM SETTLEMENTt MITCHELL BISKUP ($50,000)
89-1044
AUTHORIZE CITY ATTORNEY TO PAY BEVERLY PARKER, ESQ. AND PETER
89-1045
J. HURTGEN, ESQ. (MORGAN LEWIS & BOCKLUS) A MAXIMUM OF $25,000
FOR SERVICES RENDERED IN LEGAL REPRESENTATION OF KENNETH C.
MCCULLOUGH AND COLONEL H. DUKE IN (BOYKIN, ET AL vs. CITY OF
MIAMI.
AUTHORIZE USE OF CERTAIN STREETS IN COCONUT GROVE DURING ECKERD/
89-1046
MAGNAVISION "BABY BOOMER" 10K AND 5K ROAD RACE, CONDUCTED BY
MIAMI RUNNERS CLUB.
AUTHORIZE STREET CLOSURES FOR VII KING MANGO STRUT PARADE -
89-1047
-
ESTABLISH PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
-
AUTHORIZE STREET CLOSURES FOR IV ALLAPATTAH FAIR - ESTABLISH
89-1048
PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
'
AUTHORIZE STREET CLOSURES FOR SUNSTREET FESTIVAL AND PARADE -
89-1.049
ESTABLISH PEDESTRIAN MALL AND AREA PROHIBITED TO RETAIL PEDDLERS.
- AUTHORIZE TWO-DAY PERMIT TO SELL BEER AND WINE.
.`r
ACCEPT PLAT: "GRAN CENTRAL SUBDIVISION".
89•105Q
AUTHORIZE EXECUTION OF TWO CITY QUITCLAIM DEEDS TO GRAN CENTRAL
89�1fl5]
_
CORPORATION - DECLARING SAID CONVEYANCE IMPLEMENTS GOVERNMENTAL
r
PROJECT OF FIRST AVENUE REALIGNMENT(NECESSARY FOR PLATTING OF
{
GRAN CENTRAL SUBDIVISION).
CONCERNING THE DIET PEPSI HOOP IT -UP TO BE HELD DECEMBER 1-3 ,
1909 PROVIDING FOR THE CLOSING OF DESIGNATED STREETS,
{ �
z= N
4-3, r'-
K
4
m
r.
DOCUMENT INDEX
0 k •
-
AUTHORIZE CITY MANAGER TO MEET WITH THE DADE COUNTY COMMISSION
tS`l-1VJJ
TO RESOLVE THE FOLLOWING ISSUES: (A) COUNTY'S EXPEDITIOUS
INTERLOCAL AGREEMENT;
APPROVAL OF THE OMNI TAX INCREMENT DISTRICT
BUDGET FOR FY'88 AND 189 FOR OMNI TAX
-
(B) APPROVAL OF A ZERO
INCREMENT DISTRICT; AND (C) CITY'5 FULL PAYMENT FOR FY'90 ON
JANUARY 1, 1990 - CITY MANAGER AUTHORIZED TO MAKE PAYMENT -
89-1056
ACC EPT BID: INTERAMERZCAN CAR RENTAL► INC-
_
AUTHORIZE BAYFRONT PARK MANAGEMENT TRUST To R CONCES-
89-1057
SION ADJANCENT TO KING ORANGE OWL JAMBOREE PDARADES�ALLOCATE
_
REVENUES TO DESIGNATED CITY PROGRAMS.
AUTHORIZE MANAGER TOMERAGREITH EI HEAT MENT
89-1058
—_
NITY FOUNDATION, INC.FOUSE OFB ON PRK FORRECREATIONAL
FACILITY FOR OVERTOWN COMMUNITY.
QUALIFY DEVELOPMENT TEAMS AND AUTHORIZE ISSUANCE OF RFP FOR
60
89-10-
—
DEVELOPMENT OF THE FEDERAL LAW ENFORCEMENT BUILDING. (Note:
r
Qualified were: MIAMI T
MIAMI MAINTEURS
JUSTICE
GROUP INC., MIAMZ JUS
DEVELOPMENT J.V., AND T3M LTD.)
ACCEPT COMPLETED WORK: ALFRED LLOYD AND SONS, INC. FOR CITY-
89-1063
-
WIDE SANITARY SEWER EXTENSION IMPROVEMENT - S.W. 8 COURT.
CE _ WAIVE
RATIFY MANAGER'S FINDING OAPPROVESPURC
89-1064
FOR COMPETITIVE BIDDING SE OF A COMPUTERIZED
FORT LAUDERDALE
PERMITS AND VIOLATIONS SYSTEM FROM THE CITY OF
_
FOR BUILDING & ZONING DEPARTMENT.
-
_
CONFIRM ASSESSMENT ROLL: CONSTRUCTION OF EAST ALLAPATTAH HIGH
89-1065
—
IMPROVEMENT.
_
CONFIRM ASSESSMENT ROLL: CONSTRUCTION OF WEST FLAGLER STREET
89-1066
SANITARY SEWER IMPROVEMENT.
WAIVE REQUIREMENT FOR SEALED BIDS - ACCEPT PROPOSAL FROMBUILDING89-1067
SYSTEMS & SERVICES ( A DIVISION OF CARRIER CORP.)
SYSTEM.
-
DEPARTMENT HEADQUARTERS AIR CONDITIONING
BISHING POLICE
'S FINDING OF EME CY
WAIVE COMPETITIVE BIDS �TIFY GpROVEMENER
BID FOR TS/SERVICES/ N
89-1068
•. ACCEPT LOWEST RESPONSIBLE
EQUIPMENT/OTSER MATERIALS FOR GENERAL ANTONIO MACEO PARK
.-
PROJECT - PHASE I
ACCEPT BID: SHENANDOAH GENERAL CONSTRUCTION FOR FLAGLER PARK
89-•1071
STORM SEWER INSPECTION PROJECT.
_
GRANT REQUEST BY LITTLE HAVANA DEVELOPMENT AUTHORITY FOR STREET
89�-1075
_
CIASURES CONCERNING HOLIDAY FIESTA FESTIVAL/PARADE c ESTABLISH
:w
PEDESTRIAN MALL r AUTHORIZE BEER/WINE PERMIT ESTABLISH AREA
PROHIBITED TO RETAIL PEDDLERS.
GRANT REQUEST By LATIN QUARTER HOLIDAY FIESTA FOR STREET
09-�.074_
CLOSURES - ESTABLISH PEDESTRIAN MALL s AUTHORIZE USE OF SITE
FOR PROPOSED LATIN QUARTER SPECIALTY CENTER.
RRSR ZONING BOARD'S DECISION - GRSPECIAL EXCEPTION TO
E3tEANT
r ° .
E k f P
Abl TROT St7RFAAREZNG LOT FQR PRIVATE PASSENGER VNEIS
TR T IAT CoNION WITH THE
AT` 42 �9 53 N.W. 6 S�
p
-
���pp* �y qQp �f w`
AT fPLi .�. '�F s'IY�IF�YYI � i S�ts
K
3`
DWI)
vu
ap */ *y Epp mumvasP'Ibi�Sr;,+�U�3KR�ri
`
t O
�.
0
DOCUMENT INDEX
7 « E•
AUTHORIZE DONATION OF 30 BICYCLES
METROPOLITAN
DISTRIBUTION UNDERPRIVILEGED
AND REHABILITATION DEPARTMENT FOR
CHILDREN DURING CHRISTMAS SEASON.
GRANT APPEAL BY CORAL GATE HOMEOWNERS EXCEPTION IATIO TO CONSTRUCT
ZONING BOARD DECISION TO GRANT SPECIAL
SURFACE PARKING IN CONJUCTION
WITH
WVA�ARO SUPERMARKET AT
3270-90 S.W. 21 STREET
UE-
MARTIN LUTHER KING DAY PARADE; PROVIDE FOR STREET CLOSURE.-
ESTABLISH PEDESTRIAN MAIL'
ACCEPT BID: L & LBREE INS INTERIORS
- FOR FURNISHING FOUR
(4) WORKSTATIONS F
HISPIC
STATE COMMISSIG_"'S SUPPORT OF A COALITION
EFFORTS PETITIONING
AND CUBAN-AMERICAN ORGANIZATION IN
ITSTHE COMMUNITY TO EXPRESS PUBLIC INDIGNATION OVER CUBAN
GOVERNMENT SENDING ITS REPRESENTATIVES POSING AS ACADEMICS
WHILE CONTINUING TO IGNORE BASIC HUMAN RIGHTS.
PAOIC 5 _ or S __
NOVENID 3
cm"o
894084
89-1085
g9-1086
89+-1087
89-1088