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OF MIEETING HEED ON OCTOBER z~, 19s~
PLANNING AND `CONING
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
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INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
OCTOBER 26, 1989
ITEM SUBJECT LEGISLATION
N0.
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1. ---------------------------------
CITY COMMISSION RECOGNIZES -----------
DISCUSSION
DISTINGUISHED CONTRIBUTION MADE BY 10/26/89
COMMISSIONER ATHALIE RANGE DURING HER
BRIEF TENURE WHILE OCCUPYING COMMISSION
SEAT N0. IV - and presents her with the
Keys to the City on behalf of a
grateful City and its citizens.
2. (A) DISCUSS AND DEFER PROPOSED DISCUSSION
EMERGENCY ORDINANCE - creating new 10/26/89
special revenue fund: "Omni Area
Redevelopment Tax Increment Trust Fund
Account".
(B) BRIEF DISCUSSION CONCERNING STATUS
OF PLAZA VENETIA ISSUE REGARDING TAXING
DISTRICT.
3. EMERGENCY ORDINANCE: Authorize ORDINANCE
increase in number of Assistant City 10661
Attorneys from 19 to 21. 10/26/89
4. AUTHORIZE LEASE AGREEMENT WITH R 89-959
EQUITABLE REAL ESTATE INVESTMENT 10/26/89
MANAGEMENT, INC. - to lease 2,757
square feet of Downtown office space in
the Amerifirst Building for the Law
Department - Rescind Resolution 89-946.
5. EXECUTE LEASE AGREEMENT WITH DINNER KEY R 89-960
BOATYARD, J.V. - for the 10/26/89
planning/design/construction/leasing
and management of a full service
boatyard marina and ancillary related
uses.
6. A MOTION EXPRESSING SYMPATHY AND M 89-961
CONDOLENCES TO FAMILY AND FRIENDS OF 10/26/89
BONNIE MCCABE (See formalizing label
21).
7. THANK FP&L FOR BANNER IN CONNECTION DISCUSSION
WITH FLORIDA A&M ORANGE BLOSSOM CLASSIC 10/26/89
FOOTBALL GAME.
8. EXTEND DEADLINE FOR SUBMISSION OF R 89-962
PROPOSALS ON UNIFIED DEVELOPMENT OF THE 10/26/89
1145 N.W. 11TH STREET PROPERTY.
PAGE
NO.
1- 2 ----
2-4
4-7
7-8
8-34
34
35
35-38
9. (A) DEFER ACCEPTANCE OF PROPOSAL FROM M 89-963 38-54
SUNBANK/MIAMI N.A. - for provision of R 89-963.1
banking services to the City - Refer 10/26/89
all documents submitted into the record
from SunBank/Miami and Barnett Bank to
the Evaluation Committee for
reconsideration and final
recommendation - Direct Administration
to rebid if legal mailing requirements
were not met by the City - Make finding
that bids received were not responsive
and that enough ambiguities existed to
warrant rebidding.
(B) AUTHORIZE MANAGER TO EXTEND
PRESENT CONTRACT WITH SOUTHEAST BANK -
for banking services (including
lockbox) until contract is awarded.
10. AUTHORIZE MANAGER TO ISSUE REVOCABLE R 89-964 54-55
ONE-YEAR PERMIT TO HERITAGE MORTGAGE 10/26/89
CORPORATION - for use of property at
1325 NW 6 Street.
11. CONDITIONALLY DESIGNATE CODEC, INC. TO R 89-965 55-63
UNDERTAKE LOW DENSITY, AFFORDABLE HOME 10/26/89
- OWNERSHIP PROJECT ON MELROSE NURSERY
SITE - Establish $750,000 as
reimbursement to the City by Codec -
Approve, in principle, use of
_ $1,500,000 City-assisted second
mortgage funds by project sponsor as an
interim construction loan - Request
Metropolitan Dade County to convey
title to said site to the designated
sponsor/developer - Rescind prior
Commission action granting development
rights to Melrose Townhome Development,
Inc. and Allapattah Business
Development Authority.
12. GRANT IN-KIND SERVICES TO GREATER MIAMI R 89-966 63-66
HOST COMMITTEE IN CONNECTION WITH THE 10/26/89
"CHALLENGER MEMORIAL TITLE PROJECT".
13. ALLOCATE $60,000 TO JAMES E. SCOTT R 89-967 66-69
COMMUNITY CENTER, INC., (JESCA) - to 10/26/89
_ provide assistance in reestablishing
Liberty City Child Care Center -
- Authorize agreement.
14. REFER TO MANAGER PROTEST CONCERNING M 89-968 69-71
SEWER IMPROVEMENT LIENS AGAINST 10/26/89
PROPERTY OWNED BY IDA MARIA CEVASCO -
Direct Manager to purchase same from
_ County Tax Assessor's Office.
15. ACCEPT PLAT: "ALANDCO SECTION ONE" R 89-969 71-72
SUBDIVISION. 10/26/89
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16. REFER TO MANAGER TO RECOMMEND ON THE M 89-970
FOLLOWING: (a) Request by Rev. Richard 10/26/89
Dunn to have the City purchase Drake
Memorial Baptist Church property at
approximately N.W. 58 and 59 Streets
and N.W. 2 Avenue - to develop property
for housing; and (b) Request for a
$125,000 mini-UDAG loan plus a $15,000
grant to provide day care in said
area - Request Manager to make
recommendations by next meeting.
17. DISCUSS AND TABLE ISSUES CONCERNING DISCUSSION
PROPOSED METROMOVER EXTENSION (See 10/26/89
label 32).
18. PRESENTATION: VISITING STUDENTS FROM DISCUSSION
SISTER CITY COUNTRIES. 10/26/89
19. APPROVE, IN PRINCIPLE, REQUEST BY MIAMI R 89-971
HEAT COMMUNITY FOUNDATION - for 10/26/89
donation of City land to be used for
construction of a community athletic
complex at Gibson Park.
20. GRANT FUNDING REQUEST BY THE URBAN M 89-972
LEAGUE - Direct Manager to identify an 10/26/89
amount not to exceed $15,000 concerning
establishment of a mural depicting the
late Father Gibson, Gwen Cherry, Joe
Caleb and Rev. Graham to be located in
the Downtown Museum of Natural History.
21. (Continued discussion) EXPRESS SYMPATHY R 84-973
AND CONDOLENCES TO FAMILY AND FRIENDS 10/26/89
OF BONNIE MCCABE (See label 6).
22. ACCEPT PLAT: "C.S.B. SUBDIVISION". R 89-974
10/26/89
72.-74
74-75
75-76
76-86
86-87
87-88
88-89
23. COMMENTS BY VICE MAYOR DE YURRE DISCUSSION 89-90
^ CONCERNING SUGGESTIVE PICTURES IN A 10/26/89
DOWNTOWN DEVELOPMENT AUTHORITY'S
PROMOTIONAL BROCHURE (See label 30).
24. GRANT REQUEST FROM ST. PATRICK'S DAY M 89-975
PARADE - concerning in-kind services 10/26/89
from the City.
25. DISCUSS PROPOSAL BY FITNESS COMMUNITIES DISCUSSION
OF AMERICA, INC. - for an aerobics 10/26/89
exercise class instruction program for
City employees.
26. GRANT REQUEST BY SARAH WILLIAMS (OF M 89-976
TROPICAL CLEAR BLUE LAUNDRY SYSTEMS) - 10/26/89
to defer payments on loan previously
granted her under the Citywide Loan
Program regarding her business in
Overtown.
27. DISCUSS REQUEST BY MIAMI CHAPTER OF THE DISCUSSION
AMERICAN INSTITUTE OF ARCHITECTS - for 10/26/89
a reduction of insurance requirements
for a jazz concert to be held in
Bayfront Park Amphitheater.
91-95
95-97
97-105
106-109
~ ~' _
28. GRANT REQUEST FROM CAMACOL FOR LIQUOR R 89-977 109-110
_ STORES TO REMAIN OPEN ON SUNDAYS DURING 10/26/89
MONTH OF DECEMBER.
29. CITY COMMISSION EXPRESSES TOTAL R 89-978 110-114
OPPOSITION TO A FEDERAL DETENTION 10/26/89
_
- CENTER IN DOWNTOWN.
30. (Continued discussion) STIPULATE ANY M 89-979 114-117
FUTURE RELEASE AND DISTRIBUTION OF 10/26/89
- PROMOTIONAL MATERIALS BY THE D.D.A.
MUST REQUIRE COMMISSION APPROVAL (See
label 23.)
31. DISCUSSION CONCERNING CITY-OWNED DISCUSSION 117-126
PARKS - Instruct Manager to prepare 10/26/89
RFPs to see minimum guaranteed return
to the City for managing Melreese and
Miami Springs golf courses.
32. (Continued discussion) SCHEDULE DISCUSSION 127-140
COMMISSION WORKSHOP ON NOVEMBER 9, 1989 10/26/89
TO DISCUSSION METROMOVER EXTENSION (See
label 17).
33. CONTINUE TO THE JANUARY CITY COMMISSION DISCUSSION 140-141
MEETING APPEAL BY OBJECTORS OF ZONING 10/26/89
BOARD'S APPROVAL OF CLASS C SPECIAL
PERMIT FOR PROPOSED 19-STORY
CONDOMINIUM PROJECT ("THE OASIS ON
BRICKELL") - located at 2127 Brickell
Avenue.
34. CONTINUE TO DECEMBER 14, 1989 M 89-980 141-143
COMMISSION AGENDA A PROPOSED SECOND 10/26/89
READING ORDINANCE - amending Schedule
of District Regulations of 9500 by
changing unit density cap, deleting
stories, General Residential, adding
new zoning district classification:
"CON. CONSERVATION", preserved for
environmentally sensitive areas, etc.
35. RESCHEDULE REGULAR AND PLANNING & R 89-981 143-144
ZONING CITY COMMISSION MEETINGS TO TAKE 10/26/89
PLACE ON DECEMBER 7 AND 14, 1989,
RESPECTIVELY.
36. (A) MAYOR SUAREZ PRESENTS THE KEYS TO R $9-982 144-145
THE CITY TO REPRESENTATIVES OF THE 10/26/89
BALTIMORE ORIOLES.
(B) APPROVE RENEWAL OF CONTRACT WITH
BALTIMORE ORIOLES, AS PRESENTED.
37. CONTINUE TO JANUARY 25, 1990 COMMISSION M 89-983 145-146
MEETING PROPOSED FIRST READING 10/26/89
-i ORDINANCE REPEALING ZONING ORDINANCE
9500 AND SUBSTITUTING THEREFOR "THE NEW
ZONING ORDINANCE OF THE CITY OF MIAMI".
s
1 38.
DENY PROPOSED FIRST READING ORDINANCE
M 89-984
146-153
~ TO CHANGE LAND US E DESIGNATION OF 201 10/26/89
& 203 BEACOM BOULEVARD - from Duplex
Residential to Restricted Commercial
3 (Applicants: Drs. Leonardo M. & Teresa
j J. Allende).
_ 39. DENY PROPOSED FIRST READING ORDINANCE M 89-985 154
_ FOR ZONING ATLAS CHANGE AT 201 & 203 10/26/89
BEACOM BOULEVARD - from RG-1/3 to CR-
3/7 (Applicants: Drs. Leonardo M. &
Teresa J. Allende).
40. FIRST READING ORDINANCE: Amend Miami ORDINANCE 154-158
Comprehensive Neighborhood Plan 1989- FIRST READING
2000, Future Land Use Plan Map, by 10/26/89
changing land use designation at
approximately 3401-3417 SW 22 Terrace
and approximately 2210-2248 SW 34
Avenue from Duplex Residential to
Restricted Commercial (Applicant: Coral
Way Building Corp.).
41. FIRST READING ORDINANCE: Amend zoning ORDINANCE 159-160
atlas at approximately 3401-3417 SW 22 FIRST READING
_ Terrace and approximately 2210-2248 SW 10/26/89
34 Avenue from RG-1/3 to CR-3/7
(Applicant: Coral Way Building Corp.).
42. FIRST READING ORDINANCE: Amend zoning ORDINANCE 160-162
ordinance 9500, Section 15, Special FIRST READING
Public Interest Districts - Add new 10/26/89
Section 15200: "SPI-20 Jackson Memorial
Hospital Medical Center Overlay
District" (Applicant: Planning
Department)
43. FIRST READING ORDINANCE: Amend zoning ORDINANCE 162-163
atlas - apply "SPI-20, Jackson Memorial FIRST READING
- Hospital Medical Center Overlay 10/26/89
_ District" to area generally bounded by
- NW 14 & 20 Streets, plus NW 7 & 12
Avenues and 300 feet south of NW 16
Street, extending 650 feet west of NW
12 Avenue to Wagner Creek - Retain
underlying zoning district (Applicant:
Planning Department).
44. DENY PROPOSED FIRST READING ORDINANCE - M 89-986 163-172
applying Section 1613 HC-4 (Historical 10/26/89
Site) to 1401 Biscayne Boulevard
(Shrine Building) (Applicant: Planning
Department - See label 58).
45. DENY PROPOSED FIRST READING ORDINANCE - M 89-987 172-175
applying Section 1613 HC-4 (Historical 10/26/89
Site) to property at 117 NE 1 Avenue
(Security Building) (Applicant:
Planning Department - See label 58).
46. APPROVE, WITH CONDITIONS, AMENDMENT OF R 89-988 175-179
DEVELOPMENT ORDER - for a parking 10/26/89
structure for State of Florida Dade
County Regional Service Center Project
(The Rhode Building) at approximately
111 & 112 NW 5 Street (Applicant: State
of Florida Department of General
Services).
47. AUTHORIZE AMENDMENT OF PREVIOUSLY
APPROVED DEVELOPMENT ORDER - by
approving (with conditions) parking
structures for State of Florida Dade
County Regional Service Center Project
(The Rhode Building) at approximately
111 & 112 NW 5 Street (a D.R.I.) by
amending findings of fact and by
incorporating additional development of
square footage of parking structure by
modifying site plan, etc. (Applicant:
State of Florida Department of General
Services).
R 89-989
10/26/89
48. APPROVE, IN PRINCIPLE, DOWNTOWN MIAMI R 89-990
MASTER PLAN (JULY 1989) (including 10/26/89
Flagler core, Omni & Brickell areas).
49. DIRECT ADMINISTRATION TO REVIEW M 89-991
PROPERTIES REZONED WITHIN THE LAST 18 10/26/89
MONTHS WHICH HAVE NOT OBTAINED BUILDING
PERMITS.
50. FIRST READING ORDINANCE: Amend Code, ORDINANCE
Chapter 62 - Add new Article IX Urban FIRST READING
Development Review Board (Sections 62- 10/26/89
83 through 87) - provide for
establishment, membership, functions,
powers and duties, etc., Urban
Development Officer and appeals from
decisions - all to formalize to the
Urban Development Review Board which
recommends to Planning Director on
issuance of Class C Special Permits in
certain zoning districts - Rescind
Resolutions 42762 and 75-1070.
51. FIRST READING ORDINANCE: Amend Code, ORDINANCE
Chapter 14 ("Downtown Development") - FIRST READING
amend Sections 14-71 ("Traffic Control 10/26/89
Measures"), and 14-72 ("Enforcement") -
add/modify general requirements for:
transportation control measures related
to new development, parking, air
quality, large scale development
requirements, etc.
SZ!. AUTHORIZE MANAGER TO ENGAGE FESTIVAL R 89-992
FLOATS, INC. ($25,000) - for 10/26/89
construction of an anti-drug and crime
prevention parade float for upcoming
holiday season.
53. AUTHORIZE MANAGER TO ESTABLISH A R 89-993
MEDIATION PROCEDURE TO FACILITATE 10/26/89
ADJUSTMENT OF DIFFERENCES BETWEEN BLACK
FIREFIGHTERS AND LOCAL 587 OF THE
INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS.
54. ESTABLISH SPECIAL R 89-994
CHARGES/TERMS/CONDITIONS FOR USE OF 10/26/89
BOBBY MADURO BASEBALL STADIUM BY THE
"MIAMI AMATEUR BASEBALL ASSOCIATION" -
for 1989 season - Allocate $25,000 -
Execute agreement.
180-181
181-182
182-184
184-185
185-186
186-187
187-189
189-191
~' a'
55. INSTRUCT MANAGER TO ASSIGN STAFF TO A M 89-995 191-215
COMMITTEE CONCERNING ONGOING ARGUMENT 10/26/89
REGARDING BARRICADES IN THE MORNINGSIDE
AREA - to assist both sides in reaching
agreement.
56. ALLOCATE $8,400 IN SUPPORT OF THE MIAMI R 89-996 215-217
COALITION FOR A DRUG-FREE COMMUNITY 10/26/89
EVENT - to be held in Miami Arena.
57. EMERGENCY ORDINANCE: Waive admission ORDINANCE 217-218
fees f or youths 17 years old and 10662
younger to all City-owned swimming 10/26/89
pools - commencing at the conclusion of
1989 summer pool season.
58. (Continued discussion) COMMISSIONER DISCUSSION 218-219
PLUMMER CLARIFIES HIS PRIOR VOTES ON 10/26/89
TWO FIRST READING ORDINANCES -
concerning denial or proposed
application of Section 1613 HC-4
(Historical Site) at approximately 1401
Biscayne Boulevard (Shrine Building),
and at approximately 117 N.E. 1 Avenue
(Security Building) (See labels 44 and
45).
59. INSTRUCT MANAGER TO EXTEND EXISTING M 89-997 220-226
TEMPORARY CLOSURE OF STREETS WITHIN 10/26/89
MIAMI DESIGN DISTRICT - for 60
additional days from this date - Solve
any parking problems.
_ ___ _ _
_...~...
-~ _ _
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
- On the 26th day of October, 1989, 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.
i
The meeting was called to order at 9:21 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. 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 who then led those present
in a pledge of allegiance to the flag.
NOTE FOR TH8 RECORD: At this point, Mayor Suarez announced that he
had presented Honorable Julio Maria Sanguinetty, President of
Uruguay, with the keys to the City in a private ceremony in his
Chambers. President Sanguinetty makes brief acceptance statement
on the record.
1. CITY COMMISSION RECOGNIZES DISTINGUISHED CONTRIBUTION MADE BY -
COMMISSIONER ATHALIE RANGE DURING HER BRIEF TENURE WHILE OCCUPYING
COMMISSION SEAT N0. IV - and presents her with the Keys to the City on
behalf of a grateful City and its citizens.
i
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4
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Mayor Suarez: As soon as Commissioner Range is here, we will have a. .. -
~ there's Commissioner Range. We were going to give her a present, but since _
she is arguing with Commissioner Plummer, we're going to pass on it. I would
presume that this is not the first of these that you received, Commissioner,
but just in case I have been misinformed, or I had not been misinformed. I am _
pleased and I'd ask all the colleagues on this Commission for your four months
service now, and your, I guess, three, four service before, or five years?...
four and one-half years before and otherwise for your presence in the City as
a community activist and an entrepreneur whose business is going to eclipse
that of J.L. Plummer very soon, to recognize your contribution by giving you
on behalf of this entire Commission and joined by the Commission the keys to
'~' the City of Miami, and the keys to our heart on this last Commission meeting
that you will be acting as a Commissioner. Commissioner Athalie Range, on
'i behalf of ail of the citizens, I'm please if I can get it open, there it is,
to give you the keys to the City. (APPLAUSE)
Mrs. Range: Thank you ever so much, Mayor Suarez and my fellow Commissioners.
I must say that it has really been a pleasure after 25 years to have come back
to you and to have served for this period of time. I've enjoyed it immensely.
I've seen some things I'd like to change, other things I'd like to see go on
to a greater extent. Nevertheless, this is my swan song today. I have a
~; number of items I'm going to bring up. The only thing I ask of you is that I
~~ get no no votes! (LAUGHTER) Truthfully though, it has really been my pleasure
1 October 26, 19$9
4
3
~~
and if per chance the needs should arise again, I stand ready to serve
wherever I can. Thank you, (APPLAUSE)
Mr. Plummer: Mrs. Range, you can ,just look at this as continuing education.
NOTE FOR THE RECORD: At this point, Agenda items 10 and 21 are
withdrawn by the Administration.
2. (A) DISCUSS AND DEFER PROPOSED EMERGENCY ORDINANCE - creating new
special revenue fund: "Omni Area Redevelopment Tax Increment
Trust Fund Account".
(B) BRIEF DISCUSSION CONCERNING STATUS OF PLAZA VENETIA ISSUE
REGARDING TAXING DISTRICT.
Mayor Suarez: Item number one, emergency ordinance requiring a four/fifths
vote, The Omni Area Redevelopment Tax Increment Trust Fund Account.
Mr. Dawkins: Mr. Mayor, I...
Mayor Suarez: Commissioner Dawkins
Mr. Dawkins: ... I don't see, I've been studying this and reviewing this and
reviewing it, I don't see the reason for the emergency, and I would like to
recommend that we go back to the original ordinance, and stick with the
original ordinance unless the Law Department can tell me that it's something
dreadfully wrong with doing it that way.
Mayor Suarez: So this would be...
Mr. Fernandez: You mean the original resolution, Commissioner Dawkins?
Mr. Dawkins: Original, yes.
Mr. Fernandez: Yes, correct. No, there is nothing wrong with that, in fact
that would be the preferred way of proceeding.
Mayor Suarez: Very good.
Mr. De Yurre: Well, what I would like, in fact, I deferred it last time and
I've yet to have anybody come and talk to me about this issue, so I'm going to
keep deferring it until I get satisfaction as to what this is all about.
Whenever anybody is ready to talk to me about this and come see me.
Mr. Dawkins: OK, I'm going to go along with my Commissioner's request to
defer it, but if nobody don't make any efforts to find him by next meeting,
and I'm reelected, he better make effort to find somebody, because I'm going
to vote on it.
Mayor Suarez: That's exactly how I feel about it. I'm really frustrated that
nobody would have gotten to the Vice Mayor and clarified any questions he may
have had.
Mr. Dawkins: If the Vice Mayor, will be voting no, I'm voting no, but I'm
dust saying we're going to vote on it. See, so now you guys know if you don't
get his and see him, or make some effort, and he votes no, I'm going to vote
with him, ,just because I for one sit here and ask for things and I don't get
them, so I know how frustrated he is, OK? So I second the...
Mr. Plummer: All right, well, I'll go along with deferment, as always, for a
colleague, but what I don't understand is this other paper that I was handed
out, that I got this morning, which is different than what is basically on the
agenda, which absolves the City of payments in '88 and '89.
2 October 26, 1989
~~ -
Mayor Suarez: I think the intention, I don't know what the document is
either, but I think the intention was that since we have not set up the funds
for the last couple of years, the staff reached a deal with the County that
they would not fund it for two years anal we would not fund it for two years, _
so that we wouldn't have to dip into our fund balance to try to fund the first =
two years of it. Is that the correct explanation, Matthew, or am I off on
that?
Mr. Matthew Schwartz: The problem lies that the City has not set aside the
funds and that the City has availability of funds for 1990. In meeting witki
the County it was determined that the County, right now the City is liable for
the two years in the past, in fact plus interest legally. The County now
controls the Trust Fund. The Trust Fund was set up two years ago, the County
has full redevelopment authority. No matter what the City does, the County
can actually probably come back and start litigation against the City to pay.
In meeting with the County, they determined that and in fact there's a problem
that the City may not have the full amount of money to put in for the last two
years, the County would like an indication from the City that they would make
the payment that would be due in January for 1990, then the County would go
back and consider approving a zero budget for those two years. Then in this
case, and the interlocal agreement, which would then would give the City _
control of the Tax Increment Trust Fund and the City some redevelopment
authority in the Omni Redevelopment area.
Mr. Plummer: Well, what happened to those monies that were collected during
that period of time? Well, where are they? Where's the monies?
Mr. Odio: We have not been paid yet by the... -
Mr. Dawkins: You haven't been paid because we didn't have no agreement.
Mr. Odio: Plaza Venetia, was the one we were picking up and the increment has
not paid the taxes.
Mr. Plummer: Well, I am assuming in the year '88 and '89 the same amount of
money we collected for the ad valorem tax. Well, where is the money? Who
collected it and where is it deposited?
Mr. Schwartz: Under tax increment, it's 95 percent of the assessed value has
to be place in. It doesn't matter if you collect it or not. The taxes on
Plaza Venetia are in litigation.
Mr. Plummer: Plaza Venetia is only one project in the Omni area.
Mr. Schwartz: Well, that is the only amount money that would go into the Tax
Increment Trust Fund, because the base in 1986, of all the properties would go
into the General Fund for the City and the County. It is only the increment
that would occur over the base year. The base year has been established and
the City concurs at 1986. What tYiis allows, the County would like this, so
the County would then move forth on the interlocal agreement, then we need to
come back to the City Commission to approve the appropriations ordinance and a
budget for 1990, so the City Commission would have some, but this would start
the process.
Mr. Plummer: So we'll do it at the next meeting. We'll do it at the next
meeting, is that what I'm understanding? - on the 16th.
Mr. De Yurre: Hopefully.
Mr. Plummer: Hopefully, OK.
Mr. De Yurre: Why don't you call the roll, because "X" is over there.
Mr. Plummer: Call the roll on the deferment.
MOTION TO DEFER
UPON MOTION DULY MADE BY VICE MAYOR DE YURRE AND SECONDED BY
COMMISSIONER DAWKINS, CONSIDERATION OF THIS ITEM WAS DEFERRED TO
THE MEETING OF NOVEMBER 16, 1989 BY THE FOLLOWING VOTE OF THE CITY
COMMISSION:
3 October 26, 1989
i
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AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre -
Mayor Xavier L. Suarez
NOES: None. _
ABSENT: None.
3. EMERGENCY ORDINANCE: Authorize increase in number of Assistant City
Attorneys from 19 to 21.
Mayor Suarez: Item 2A, emergency ordinance authorizing an increase in the
number of assistant city attorneys form 19 to 21 as a result of increased
activity and litigation in areas of to decrease it?
Mr. Plummer: I thought we were going to decrease it7
Mr. Dawkins: Hold itI
Mayor Suarez: ... workers' compensation, construction claims, labor relations
and code enforcement.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: You came the same as the City Manager with a reorganization
plan, and you were reorganizing and streamlining your organization to better
meet the needs of the City, right?
Mr. Fernandez: Correct, sir.
Mr. Dawkins: And now you showed me where you are saving X number of dollars
and now you are adding individuals. Explain to me, why, and what's the
purpose.
Mr. Fernandez: As the number of lawsuits have increased and as this City
Commission has adopted policy positions such as to step up the efforts in the
Code Enforcement Board in response to community requests that the City be
cleaned up, that crack houses be demolished, that code violators be cited and
brought to justice faster and the like. As a result of that most recent
Supreme Court decision in which our City ordinance was invalidated, which
means that we have now in excess of 300 lawsuits staring us in the face. It
is my better judgment that in order to represent the City and give the City
the best legal representation possible, that we increase my staff by two entry
level attorneys, which would be trained under those of us that have been there
for a longer period of time to provide you and the City with quality legal
representation. My reorganization structure that I presented to you was to
eliminate those positions at the top that were higher paid and also by
showing you how by bringing in entry level attorneys, I would be able to keep
the operation of my department within budget and that is, I'm still able to do
that. The two attorney's positions that I am asking you for today are entry
level positions. The five attorneys that I have had an opportunity to hire
have, most of them, been entry level attorneys or thereabouts, and altogether,
Commissioner, I feel that in order to provide the City with quality legal
service, it's imperative that I get these two positions.
Mr. Dawkins: OK, I am not a City Attorney, but personally, I fail to see how
- you are going to better serve me by letting experienced litigators or lawyers
go and bring in entry level inexperienced lawyers and tell me that you are
doing this and you are going to better serve the City. Now, you may be able
4 October 26, 1989
'~
_ to do it, but I don't see sir, how
even by not paying them enough to
competitive in the legal world when
people in the field.
`'`~
letting your experienced lawyers go, or
retain them, that we are going to be
we go up against trained experienced
Mr. Fernandez: You are correct, Commissioner Dawkins, in fact, I'm not
letting anyone go, to the contrary, I'm trying to keep the ones that I have
that are experienced litigators, and I'm glad that you brought o~it the point
that I should perhaps be paying my senior attorneys, litigators, and people
with a lot of experience perhaps more than what so far I have been able to pay
them. What I am doing is better utilizing these people to train entry level
people so that we can always have people on board that are trained as some of
those who are, who have more experience leave. For example, when Robert Clark
left, even though I was allowed to retain him on a consultantor basis, I am
then able, with the vacancy that he created, I was able to bring in somebody
at an entry level position. With his consultancy I am able then to train this
new person that was brought in, plus two or three other people in the office.
So, I agree with you, we should do everything that we can to keep senior
experienced attorneys on the staff, and the way to do that is to pay them
better. I hope that next April when I have a chance to evaluate my staff, you
would all be supportive of me when I give them the salary that they are
deserving of.
Mr. Dawkins: If you save us lawsuits where we have the money, we don't have no
problems paying it to you, but if we lose lawsuits and don't have no money, we
don't have no money to pay.
Mr. Fernandez: We have an excellent record of wins. I've prepared a report
that I've submitted to you last month.
Mr. Dawkins: All I'm saying, and I'll say it again, I personally do not see
sir, how every time I looked in the paper, you have trained, and when I say
you, I mean the department, an individual where that individual is at the
point of becoming useful to the City of Miami and that individual leaves for
the City Manager of a small town, or leaves to go to another law f irm and I
don't know why - dissatisfied with you, dissatisfied with the City, or
dissatisfied with the salary, but we lose them, so I'd like for us to look
into that.
Mr. Fernandez: OK, thank you, sir.
Mr. Dawkins: Thank you.
Mayor Suarez: You said, Mr. City Attorney, two things I want to question.
What is ordinance you said it was invalidated that it's created 300 lawsuits
that you referred tot
Mr. Fernandez: This is the pension offset ordinance. For a long time the
City had an ordinance in the books that when an employee went off on
disability pension because he was injured in the line of duty, he was also
entitled to get Workers' Compensation benefits. However, the Workers'
Compensation benefits were offset from his disability pension that he would
also be receiving and in that sense, there was offset. The Supreme Court has
invalidated that ordinance which means that now ail of those individuals have
for the past 15, 20, 30 years went off on disability pensions.
Mayor Suarez: I presume then, that you were referring to 300 potential
claims.
Mr. Fernandez: Potential claims of which I can tell you that over 100 have
already gut us on notice and we're...
Mayor Suarez: Right, not lawsuits, but claims. Mr. City Attorney, one other
question. If you have...
Mr. Plummer: Wait, you'd better pursue that one step further. You'd better
be understanding, Mr. Mayor, and my colleagues as to the potential amount of
money involved. If I'm not mistaken, correct me if I long, it is between
$5,000,000 and $8,000,000...
Mr. Fernandez: Correct.
5 October 26, 1989
Mr. Plummer: ... that this City is going to have to pay out and that's just
right off the top.
Mr. Fernandez: That's the amount that in reserving practices, because we are
also responsible for this Self Insurance Trust Fund, those are the amounts
that we are looking at. However, we are very confident that we have some
affirmative defenses that we can assert in many of these claims when they
mature into lawsuits.
Mayor Suarez: Thank you. When you get a chance, you might want to give all
the Commissioners who are interested a summary and evaluation of those claims.
My other question is, if your budget, as I believe you stated, is remaining
the same and you have just switched from high level attorneys to lower level
attorneys, which philosophy I very much agree with, and I'm glad you are doing
precisely that, but if your budget is remaining the same, why do you need
Commission approval?
Mr. Fernandez: Because it is in the Charter that you must approve the
increase in numbers of attorneys, so whether I do it...
Mayor Suarez: Where is that in the Charter, Mr. City Attorney? When you get
a chance, please advise me of that. I don't need to know that right now. I
believe you.
Mr. Plummer: OK, he'll hire an attorney to give you the answer.
Mr. Fernandez: No, no, no...
Mayor Suarez: I'd be surprised if the Charter makes any reference to that. I
am presume you are concluding that from some provision of the Charter. OK,
anything further, Commissioners? If not, I entertain a motion on item 2.
Mr. Plummer: I already moved it.
Mr. De Yurre: Moved and seconded.
Mayor Suarez: Moved and seconded.
discussion. Call the roll.
AN ORDINANCE ENTITLED-
Read the ordinance if there is no further
AN EMERGENCY ORDINANCE AUTHORIZING AN INCREASE IN THE
NUMBER OF ASSISTANT CITY ATTORNEYS EMPLOYED IN THE LAW
DEPARTMENT FROM NINETEEN TO TWENTY-ONE SUCH ATTORNEYS,
WITH THE NEED FOR THE ADDITIONAL POSITIONS HAVING BEEN
CREATED AS A RESULT OF INCREASED ACTIVITY AND
LITIGATION IN THE AREAS OF WORKERS' COMPENSATION,
CONSTRUCTION CLAIMS, LABOR RELATIONS AND CODE
ENFORCEMENT; SAID POSITIONS TO BE FUNDED THROUGH THE
MONIES APPROPRIATED IN THE BUDGETS OF THE DEPARTMENT
OF BUILDING AND ZONING AND THE DEPARTMENT OF LAW,
RESPECTIVELY; 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 M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner De Yurre, adopted said ordinance by the following vote:
6 October 2b, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier. L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 10661.
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.
4. AUTHORIZE LEASE AGREEMENT WITH EQUITABLE REAL ESTATE INVESTMENT
MANAGEMENT, INC. - to lease 2,757 square feet of Downtown office space
in the Amerifirst Building for the Law Department - Rescind Resolution -
89-946.
Mayor Suarez: Item 2B, resolution. Is this also on your lease?
_ Mr. Fernandez: Yes. Last Commission meeting you in fact passed a resolution
authorizing me to lease for one year additional space, and I'm coming back to
you because I was able to renegotiate or negotiate a better deal for the City
by reducing the square footage and getting some other better conditions, so
this resolution rescinds the prior resolution and affords the City a better
deal.
Mayor Suarez: I'll entertain a motion on 2B. For what term is it, once
again?
Mr. Fernandez: Just for one year.
Mr. Plummer: Mayor...
Mr. Fernandez: Hopefully within one year we will have a place.
Mr. Plummer: ... I don't like the idea, but we've got to do it, so I'll move
it.
Mayor Suarez: So moved.
Mr. Plummer: Well, do to the lack of interest, I'll withdraw my motion.
Mr. Fernandez: Don't do that.
Mr. De Yurre: Second.
Mayor Suarez: Second. No, it has been seconded. Any discussion If not,
please call the roll.
s
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-959
A RESOLUTION AUTHORIZING EXECUTION OF A LEASE
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH EQUITABLE REAL ESTATE INVESTMENT MANAGEMENT, INC.
TO LEASE 2,757 SQUARE FEET OF OFFICE SPACE IN THE
DOWNTOWN MIAMI AREA, WITH FUNDS THEREFOR BEING
ALLOCATED FORM LAW DEPARTMENT BUDGETED FUNDS AND
RESCINDING RESOLUTION N0. 89-946.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
7 October 26, 1989
........... _ _
_..
~~~~~
r__ ._
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
5. EXECUTE LEASE AGREEMENT WITH DINNER KEY BOATYARD, J.V. -• for the
planning/design/construction/leasing and management of a full service
boatyard marina and ancillary related uses.
Mayor Suarez: Item 3. City Manager to execute the lease agreement with the
Dinner Key Boatyard. T know the Waterfront Board had wanted input and I hope
that proposed draft in its full 60 page glory was made available to John and
the rest of the board members at least for some input. We don't necessarily
expect the Waterfront Board at ali steps of the way to a fairly complex legal
agreement to give us input in line with the policy that we have set that we
want your input, but that isn't to say we rejected it in any way either and if
you want to help us play lawyers here and technicians. Basically, if there is
any of the fundamental terms that are somehow unacceptable, we'd be interested
in your input as per Commission ordinance that we pass^d before, a resolution,
I guess, asking that you be involved.
Mr. John A, Brennan: Now, Mr. Mayor, thank you very much for giving us a shot
at it. We did get the...
Mayor Suarez: Put your name and title in the record, as chairman.
Mr. Brennan: My name is .John A. Brennan and I'm chairman of the Miami
Waterfront Board, Waterfront Advisory Board and we did get, I believe,
Tuesday, a copy of the lease, a second copy. The first copy, which we were
pleased to read was shy quite a bit. The new lease, and I'm sure that that is
what the Manager is presenting is acceptable to the members of us that have
read it.
Mayor Suarez: And I understand that you won't always be able to have these
full memberships, but if you have a couple of your more active members, or
your officers or whatever look over things, that would be helpful to us.
Mr. Brennan: We'll talk about that later, thank you very much.
Mayor Suarez: All right, sir. I hope too, that we streamlined the process of
consulting you John, and that it doesn't become something where you have to
call any one Commissioner to the Mayor's office to get documents and if there
is any problem with that, please advise us, so for the future you get copies
of such documents as quickly as you need them and is viable for you to have
time to give us input. I see the attorney getting ready to give us his
presentation. Do we need to hear from him as opposed to from the Manager's
office? Do you...
Mr. Odio: If you have any questions, I'll be glad to answer them. If not...
Mr. Plummer: Mr. Mayor, are we open to questions?
Mayor Suarez: Yes, absolutely, I mean, unless the Manager's going to make a
presentation, I'd much rather hear from the Commission before we get into
private presentations.
Mr. Plummer: I've had a lot of phone calls and I guess others have and I
would like to have an answer on the record, which obviously the tenants that
are presently there, have not been able to get an answer. And that is, that
during this interim time, what happens with those people who are presently
8 October 2b, 1989
__
docked and some living aboard at Merrill Stevens, I can understand their 1
concern that they don't know what is going to happen and I think that they are
entitled to an answer, that they are not going to have their lines cut and be =
cast out to sea, so I think on the record I'd like to have an answer of what
happens to those people who are presently there.
Mr. Robert H. Traurig: I believe that the attorney for Merrill Stevens is
here and probably is the proper person to answer that question.
Mr. Plummer: Well, I think both, Bob. I think that you know, the attorney
for Merrill Stevens has to answer that, I think as well as you know, as well
as the people that you represent who are the proposed to take over.
Mr. Traurig: The answer from the standpoint of Dinner Key Boatyard is that
the present occupants will be permitted to be there and we will build around
them and we will do everything possible to accommodate them so that they won't
be asked to vacate prematurely.
Mr. Plummer: So in other words, those that are there have a priority or will
in fact be able to remain there.
Mr. Traurig: Yes.
Mr. Plummer: OK, it is on the record.
Mr. Odio: I want to add to the... I think we omitted something that is very
important, is that they have to have to pay ad valorem taxes and we add a
clause to the contract that they must pay ad valorem taxes on the property.
Mayor Suarez: That's for live aboards you are talking about?
Mr. Odio: No, no, I'm talking about the Boatyard. The Boatyard, they will
have to pay ad valorem taxes and we omitted that in reviewing the contract
yesterday.
Mr. De Yurre: Was that included in the RFP?
Mr. Odio: Yes.
Mr. De Yurre: It was spelled out?
Mr. Odio: Yes, sir.
Mayor Suarez: Well, maybe it was omitted because it is supposed to be self
evident unless otherwise specified.
Mr. Odio: Well, I just wanted to make sure that we added to the contract, so
it is known.
Mayor Suarez: I mean, you pay taxes unless you have some reason f or not
paying taxes.
Mr. De Yurre: Well, was it or wasn't it not on the RFP?
Mr. Odio: It was in the RFP and we omitted it from the contract. I just
wanted to put in on the record that we must add that to the contract.
Mr. Plummer: No.
Mr. De Yurre: So it isn't like there is no surprise. They knew that that was
-1 part of the contingency.
Mr. Odio: Yes, sir.
,~ Mr. Plummer: But whoa! I don't want a surprise later. Is that now going to
be figured into the base rent?
Mr. Odio: It has nothing to do with the rent. The rent is a rent and...
Mr. Plummer: But it is deductible from expenses?
Mr. Fernandez: No.
9 October 26, 1989
__ _ _
I~
~i -
;
Mr. Odio: No. -
Mr. De Yurre: What do you mean, deductible? It will be...?
_~
-I
Mr. Odio: They are paying rent based on gross. -
Mr. Plummer: On gross, that's correct, but well no, there are certain
exclusions in here.
Mr. Odio: The ad valorem taxes are not one of them.
Mr. Plummer: OK, I just want to make sure of that.
Mr. Fernandez: Correct.
Mr. Plummer: That that is a stand alone. Now, what do those taxes presently
amount to?
Mr. Odio: We don't pay taxes.
Mr. Plummer: I'm saying... oh, there is no tax being paid presently?
Mr. Herb Bailey: No, actually what is happening, we indicated that any
property taxes that would be do as a result of the improvements would have to
be paid by the successful bidder. We don't know what that will be until the
improvements have been completed and there has been an assessment, if one. It
is only if they are taxed do they pay it. We're not asking for any payment in
lieu of. Currently, I don't think there is any taxes being paid on Merrill
Stevens. We don't know what the County may do once... you start applying for
all the permits and the renovations and improvements have been made.
Mr. Plummer: All right, there is a number of big lawsuits going on in the
State of Florida, just basically key on this point. One of them is the
baseball field in St. Petersburg. Are you saying that the City... is the City
potentially, as the owner of the property, liable in the future?
Mr. Bailey: No, the user.
Mr. Plummer: Because you're saying that they are only going to be paying on
the improvements over what are there. As we know, assessments are based not
only on buildings but also on land.
Mr. Bailey: Well, we own the land.
Mr. Plummer: I understand that. But the lawsuits in the state of Florida,
since the land is being used for other than public purpose, namely a baseball
field in St. Petersburg, there is a contention in court that they are going...
the St. Petersburg is going to have to pay ad valorem taxes on that field.
Mr. Fernandez: Correct.
Mr. Odio: Well, but so far...
Mr. Plummer: I'm just asking for clarification.
_ Mr. Odio: We own the land. They own the leasehold and they will have to pay
taxes on the leasehold improvements. Am I correct, Miriam? I'm not an
attorney.
Mayor Suarez: If taxes are assessed.
Mr. Odio: If taxes are assessed.
Mr. De Yurre: Let's clear up something now, though. Talking about ad valorem
taxes and J.L.'s point that that is part of the gross in figuring out the
amount that goes to the City. If the lessee, in this case, Dinner Key
Boatyard, acts as an agent for the City or the County in collecting the taxes,
for example, let's say that in their lease, sublease contract with the tenant,
they say, aside from your base rent, you will be accessed X amount of dollars
which will be ad valorem taxes and they act as an agent collecting that amount
then that would not be included as part of the gross amount of income
generated.
10 October 26, 1989
Mr. Fernandez: No, it will not be included. It would not be part of the
gross calculation that's made for the City to receive rents.
Mr. De Yurre: OK, so then in that sense, they would not... let's say we are
talking about 30 mills, $7,000,000 project, that's about 2.1, that's $210,000.
They would not be paying ten percent, you're talking, figuring that would be
the amount of rent that they are paying, they wouldn't Fray an additional
$21,000 to the City.
Mr. Plummer: No.
Mr. De Yurre: Because this would be something separate and apart in their
collection process of the taxes.
Mr. Fernandez: Correct. The County, which is the assessing authority, would
assess them for whatever improvements are there. They can always challenge
whatever the County is assessing them, but they will have...
Mayor Suarez: He's talking about the pass through of the taxes if they
collect them from their own tenants as part of their agreement and how that
would affect our gross receipts percentage.
Mr. Fernandez: It will not accept our gross receipts at all.
Mr. De Yurre: So that rent that they are going to collect has no bearing on
the rent that we receive and it will not be part of the rent that we receive.
They will be collecting that separate and apart as an agent, collecting the
money from the sub-lessees and passing the money onto the governmental
agencies.
Mr. Bailey: Well, sales and use taxes, that does apply on property.
Mr. De Yurre: I'm talking about ad valorem taxes.
Mr. Bailey: Ad valorem taxes is an expense of the operator and paid... in our
contract we cover that, we think, on item 25.1, where we said that our rent is
an absolute net without any offsetting for any other kinds of charges. I'm
paraphrasing it, but it goes a little deeper than that. What we are saying is
that we get absolute net without any offset.
Mr. De Yurre: Well, the point that I am making is that the rent is not part
of... or the ad valorem taxes are not part of the rent, they are just
collecting it.
Mr. Plummer: Sales tax is an off-set.
Mr. Bailey: No, that's right, we get absolute net, there's not a part of...
De Yurre: OK.
Mayor Suarez: Yes, what he's saying, I believe, is that it would not be
correct or fair to charge a rental fee on taxes being collected by them as
agents for, presumably, for the City.
Mr. Bailey: That's over and above... they acts as fiduciaries for the state
in collecting those taxes, that's over and above...
Mr. De Yurre: OK, so on the record, they do not have to pay the City on the
ad valorem taxes that they get from their sublessees which gets passed along
to the governmental agency. OK, so that's not...
Mayor Suarez: It's excluded from the definition of gross proceeds, or gross
revenue.
Mr. De Yurre: OK, I just wanted to get that on the record. Thank you.
Mr. Plummer: But sales tax is also excluded from gross.
Mayor Suarez: And so is sales tax.
Mr. Bailey: Excluded, yes.
11 October 26, 1989
Mr. Plummer: So, there are exceptions. There are exceptions to what is
absolute gross is what the point I'm trying to make.
Mr. Bailey: Sales taxes are excluded because it's not a sale, it's a
collection.
Mr. Plummer: OK.
Mr. Bailey: A service fee.
Mr. De Yurre: OK, and ad valorem taxes will be excluded also.
Mr. Plummer: Mr. Mayor, I have one other question.
Mayor Suarez: OK, as to the rest of the terms, Commissioner Plummer.
Mr. Plummer: Mr. Bailey, you negotiated this contract. As you know, I've
been very strong in all of the other contracts and I will be in this that I
don't find, that in no way can this property be used as leverage or in any way
to go against another project.
Mr. Bailey: That is in the contract.
Mr. Odio: It is there. It is in the contract.
Mr. Plummer: Well, OK, I...
Mr. Odio: That they will not use this as...
Mr. De Yurre: What are you saying, J.L.?
Mr. Plummer: That this property and this lease cannot be used for any other
project as a collateral, as...
Mayor Suarez: You mean, as security for financing for another project that
the operator may have.
Mr. Plummer: Correct.
Mr. Plummer: This stands alone and on its own.
Mr. De Yurre: Well, hold it. Let's deal with that issue about...
Mr. Traurig: We have the right to encumber the leasehold, if that's what
you're asking about.
Mr. Bailey: The leasehold.
Mr. De Yurre: Well, to the degree of developing the property.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Yurre: I wouldn't want...
Mr. Plummer: But only based on for that project.
Mr. Traurig: We have the right to encumber the leasehold and the equipment
and the fixtures and the construction elements, you know, that belong to us
and that's very clearly included in the lease. Has always been.
Mayor Suarez: But not as a way of financing some other project. Not as a
pledge for...
Mr. Traurig: No, we never dealt with that and you're right.
Mr. Plummer: No, well...
- Mr. Traurig: For the purpose of construction funds, we can encumber it and if
you're saying as additional collateral for some other loan, then we can't
encumber it at that time. So we could supplement it to make it clear that
what Mr. Plummer is concerned about cannot be accomplished.
12 October 26, 1989
Mr. Odio: What we did do is on page 27 of the contract it says, paragraph
7.1, no subordination. "The lessee hereby agrees that there shall be no
subordination of base rent payments under this lease."
Mr. Fernandez: More spec...
Mr. Odio: More than... yes, go ahead.
Mr. Fernandez: I'm sorry. More specifically, I call your attention to page
47 and that is section 19.1 where neither the City's interest in the marina
site nor improvements thereon nor the rights of City under this lease shall be
encumbered by or to any mortgage, chattel mortgage, security interest,
security agreement, conditional sale of contract, conditional bill of sale, or
any other pledge, lien or encumbrance. In other words, the City's interest -
cannot be encumbered. What they can do is their own interest, their own
leasehold interest, for whatever period of time they get, plus whatever they
have put in there, they can encumber that and they can pledge that. But the
City's interest...
Mr. Plummer: But not for another project.
Mayor Suarez: But only for this project, only as a financing tool or security
to improve this land.
Mr. Plummer: This project.
Mayor Suarez: Not any other project, that's what you want to add. Please
provide the wording in question because I have a feeling...
Mr. Traurig: We accept that, sir.
Mr. Plummer: Herb, you understand?
Mr. Bailey: I understand, you're talking about cross collateralization. I'm
not at all certain we address cross collateralization.
Mayor Suarez: Well, we just did now and we're asking for him to build it into
the terms.
Mr. De Yurre: But let's even go further because they could go ahead and
borrow money and not use it for anything else and just sit on it in the bank
and we have no access to that money. The point is that what I don't want is
that two years before the end of this lease, before it expires, that they go
out and they hock the whole place and what are we getting back? We're getting
a piece of property that's mortgaged to the hilt.
Mayor Suarez: Well, he's clarified that they cannot encumber our ownership
portion and when there's two years left in the lease, no one's going to lend
them any money against any...
Mr. Plummer: No, that's not true, Mr. Mayor...
Mr. Bailey: He's talking about...
Mr. Plummer: ...let me tell you what, I've been around too long, OK? Let me
tell you what happens and I'm not saying that this outfit is going to do it.
Mayor Suarez: What do you mean, it's not true? What I told you is true, what
I told you is that no bank is going to lend any money against what is left of
a two year lease. Now, if there's any additional assurance that you need that
what the Vice Mayor is saying will not happen, go ahead and build it in. That
is that we want to know exactly what they're encumbering the property for in
addition to making sure it's not used for some other project, we don't want it
to be encumbered unduly at any time and the money used for - I don't know -
just to have cash in the bank or something. We want to make sure that it's
used for improvement of this property. That's what we all want.
Mr. Plummer: How about if we, the City, reserve the right to approve any
encumbrance on any of it?
Mr. Traurig: Great. That's fine.
13 October 25, 1989
Mr. Plummer: It's just the approval.
Mr. Traurig: That's fine...
Mr. Plummer: But, let me tell you what's happened in the past.
Mr. Traurig: We agree with you, Commissioner.
Mr. Plummer: OK, let me tell you what's happened in...
Mr. Traurig: And we would come to you for approval for any further
encumbrance over and above the construction financing.
Mr. Plummer: OK. What has happened in the past is in the last two years or
three years, a huge loan was taken out and that's the plea and cry before this
Commission to extend for more periods of years. Well, we just took out this
and we did a million dollar loan and we need more time to amortize that out.
That's where this Commission in many cases has found itself in a bind. The
only reason I'm trying to say is, if this Commission has approval over any
encumbrances placed, whether it's your assets or ours, then I think it puts us
in a better position.
Mayor Suarez: Yes, and he just agreed that we would reserve the right to
approve any further encumbrances other than the ones contemplated for the
construction which we are approving, in fact, we're dictating to you, I
believe.
Mr. Traurig: We think it's a point well made. We agree with it and together
with your City Attorney's office and your assistant city manager, we'll work
it out .
Mayor Suarez: How about on a term of years, Mr. Manager, what is the final? -
or Herb, what is the final...?
Mr. Odio: Twenty-five years.
Mr. Traurig: No, that's fine.
Mayor Suarez: OK and how about take back provisions? I understand that we
don't have one in this case as far as paying the unamortized cost of
improvements and being able to take back the property at any time. I guess we
just didn't build that into the RFP.
Mr. Bailey: We didn't build that into the agreement.
Mayor Suarez: OK, please, in the future, let's consider that at the point of
issuing the RFP, whether we want to be in line with other City leases that
have always called for that in case, as Commissioner Plummer was suggesting
towards the end of.... or anytime in a lease we decide we want a different use
and they have added such value to the construction or otherwise have a value
of their lease that they could claim that they want to be paid the worth of
the lease as opposed to only the unamortized cost of the improvements. But I
guess we didn't put it into the RFP this time.
Mr. Plummer: I would like to bring up at this time and I want to make some
assurances and then I want to get it on the record. That's in reference to
the minorities. At what point can - it's my understanding that the way this -
contract is written, that those minorities who are presently on record have to
remain on record. _
Mr. Odio: We did...
Mr. Plummer: OK, I want to know what is the exact wordage...
Mr. Odio: Let me read it.
Mr. Plummer: ...and what is the effect of that wordage?
Mr. Odio: We make sure, and I told them, I think, very clearly, that I did
not want the...
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14 October 26, 1969
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Mr. Dawkins: Read it, read it... Don't tell it to us, read it.
Mr. Odio: What page is it on7 I read it yesterday, I think it's forty-one.
Mr. Bailey: Eleven.
Mr. Odio: Page eleven?
Mr. Bailey: I think.
Mr. Plummer: Also in there, when you're looking, I want to know at what stage
can any or all of stock be transferred? I had asked that this parallel the
cable contract that no stock could be sold for X number of years or
transferred and that after that period of time, anything in excess of 5
percent would take Commission approval, and I don't find that in there.
Mr. Bailey: I'm sorry, Commissioner, I didn't hear that. Say it again.
Mr. Plummer: Herb, I had asked when we sent this to the administration for
the purposes of negotiating that similar as we have in the cable contract....
Mr. Odio: Here it is...
Mr. Plummer: That no stock could be sold or transferred for a period, I
think, in the cable, it was five years.
Mr. Odio: Let me...
Mr. Plummer: And that anything after that period of time has elapsed, that
the transfer of five percent would, in fact, take Commission approval. Is
that in there?
Mr. Odio: I don't think we have the five years. I said we could not transfer
ownership unless you approved it first.
Mr. Traurig: That's correct.
Mr. Odio: Period.
Mr. Plummer: Of any percent?
Mr. Bailey: Any amount.
Mr. Odio: Of any percent. Now, on the...
Mr. Traurig: Yes, you're fully protected, Commissioner.
Mr. Plummer: Excuse me?
Mr. Traurig: We can't... it's more restrictive than the cable agreement.
Mr. Odio: It is now on assignment.
Mr. Bailey: Stay up here.
Mr. Odio: And assuming that I brought up, I think from the very first time
that we met, it says, lessee hereby covenants and agrees that Sherman R.
Whitmore IV, Dr. Marvin Dunn, Ronald J. Faulkey, Roberta Balfe, Robert A.
Hardin and Clara Keyes Hardin, shall maintain his or her proportionate
respective interest as set forth in the proposal. Except that the agreement
for sale of joint venture interest set forth in the proposal, having been
rejected by the City, shall be null and void. Lessee shall not assign or
transfer in whole or in part, any part of this lease nor any interest it has
therein which shall include, without limitation, merger, bulk sale,
consolidation, dissolution or sale or other disposition of any interest in the
lessee without the prior written consent of the City Commission of either the
assignment or transfer of interest.
Mr. Traurig: Commissioner, if...
Mr. Plummer: So, in other words, the City Commission has to approve any...
15 October 26, 1989
Mr. Odio: That's what it says here.
Mr. Plurtuner: Any transfer of stock.
Mr. Odio: That's what it says here.
Mr. Plummer: OK.
Mr. Traurig: If, in fact, you wanted to track and to parallel the cable
provision, that would give us the five year period, rather than from day one.
And we'x•e prepared to live with whatever...
Mr. Plummer: No, it doesn't either, Bob. Let me tell you why, the cable you
couldn't even come before the Commission four or five years. This will allow
you to come before the Commission tomorrow.
Mr. Traurig: We're happy to abide by the language that has been so diligently
worked out with your staff.
Mayor Suarez: Anything further?
Mr. Traurig: May I, before you take a vote, raise an issue on the most
important item here and that's the termination date of the lease. If you
would look at your Manager's recommendation to you on the inter-office -
memorandum, the second page, the last paragraph, it is suggested, here it says f
it's requested that the City Commission consider including a provision
extending the term for 3 seven year periods for a total of 21 additional -
years.
Mr. Odio: Bob, I'm sorry to interrupt.
Mr. Traurig: And I'd like to address that item.
Mr. Odio: That memo, it was a draft that in the original memo that I
recommend - I did not recommend that.
Mr. Traurig: All right, that's the memo that I just picked up this morning.
Mr. Odio: Yes, but that's not - can I...
Mr. Traurig: Well then, let me address the issue and before doing it, I think
it's very important to place on the record, that we have had extraordinary
cooperation from your staff and from the City Attorney's office and I would
particularly like to cite Mr. Bailey and Ms. Weintraub, Mr. Fernandez, Mr.
Diaz, Ms. Maer and chairman Brennan of the committee and the Waterfront Board
who have devoted tremendous amounts of time to trying to resolve all issues in
connection with this and we thank them as citizens of this community. -
Mayor Suarez: I'm afraid of what you're going to say after that very nice
preamble.
Mr. Plummer: Yes.
Mr. Traurig: No. I think that it's just that we want you to understand why
we think that the 25 years of this lease is insufficient and why the 46 years -
that we requested in our response to the RFP is a fair number of years for the
extension of this lease. And I think it's very important for you to
understand all of this background and that we requested 46 years in response
to the RFP, so that the termination of our lease would coincide with the
termination of leases of other property on the waterfront which do terminate
around 46 years from now. You have limited us to 25 years, at least that's
the recommendation by the Manager, and we would like you to understand that
the RFP, when issued, provided that there had to be a minimum investment of a
million and a half dollars, there had to be a minimum guaranteed rent of
$350,000 a year and that if we exceeded those, that the City would negotiate a
4 longer term. In response to that RFP, we committed to a minimum of four and a
half million dollars in improvements and a minimum rent of $405,000 and the
'~ current construction estimate is around $7,000,000 and you have to relate that
to the million and a half that you wanted. Included in that $7,000,000 is
about a half a million dollars that we have to expend that we didn't
contemplate for environmental cleanup and we think it's unjust to minimize the _
lease term. Now, we think that the negotiations were fair negotiations. We -
16 October 26, 1989
proposed 46 years. The administration rejected it. We came back and said,
OK, we `11 live with the 25 years but if we have complied fully of the terms
and conditions of the lease and if we're paying to you the maximum amount of
rent which you contemplated, which is the ten and a half percent per annum, we
think that it justifies the three additional 7 years extensions. Now, the
~ City administration initially had looked favorably on a 25 plus three fives
which would have given us 40 years, but at the City's discretion, with the
terms and conditions of the additional periods to be renegotiated at the
conclusion of certain periods of time. But the Manager indicated that he felt
that that was contrary to the directions of this Commission when you last met,
to approve the award to Dinner Key Boatyard and indicated that the lease would
be for 25 years. I think when you did that, you didn't have in mind the kind
of additional investment that would be made by this awardee and we feel,
therefore, that now that you've had an opportunity to consider it, you will
agree with us that the longer term is fair and reasonable. We think that the
larger investment justifies it and now we have become aware that in addition
to everything else, we have to pay what is the equivalent of ad valorem taxes
and we think under t2~e circumstances, that surely since you have the
opportunity to monitor this carefully during this period and it will not
extend beyond other leases on the waterfront, that it's fair and reasonable.
Mayor Suarez: Let me ask, Bob, when you referring to an option that we would
have exclusively, I guess, in other words, it would be at our unilateral
option - is that the way you stated it?
Mr. Traurig: Well, we... at one point...
Mr. De Yurre: My understanding is that given certain facts occurring like
paying the maximum rent and the place being in the tip top shape that it's
supposed to be according to the industry standards in the industry, that it
would automatically trigger in.
Mayor Suarez: But automatically triggering subject to our exercising that
option or not?
Mr. Traurig: Well, it went in different... the decisions were made
differently at different times. Initially, and I think that Miss Weintraub
and Mr. Bailey can comment on this, we had requested the three automatic
sevens. They came back and said that they could go for the three fives
provided that they had some discretion over it and they could renegotiate the
terms and conditions. The Manager felt that under no circumstances, should we
exceed 25 years. So, there are three different scenarios here. We think that
the automatic extension, as Commissioner De Yurre indicated, if we are in full
compliance with the terms and conditions of the lease, have paid the rent at
the highest maximum rent figure during the last ten years of the lease, for
example, or the last 15 years of the lease - that is after we have had the
initial start up slow generation of productive years - then we would kick in,
if we started paying ten and a half percent at some reasonable date and paid
it throughout and the lease was providing good income to the City and you were
proud of the operation, there would be no reason for you to terminate an
existing lease in order to rebid the entire waterfront use. So, we think that
it's fair to have the automatic provision.
Mayor Suarez: And in the RFP, we built in that possibility by saying that if
you exceeded the minimum rental specified, then we could negotiate a longer
term of years.
Mr. Traurig: Right, if we exceeded a million and a half in investment and now
up to seven, and if we exceeded...
Mayor Suarez: What worries me, now, I don't know about the rest of the
Commissioners, what worries me is the fact that we don't have a take back
provision in the first 25 years and that you'd be suggesting another 21 years
where we wouldn't have discretion except as the Vice Mayor stated the terms,
if you were somehow not complying or we found you in some way in breach, in
which case I presume it - although it would be nicer to have the simple
unimpeded ability to end your tenancy, we probably could end it at any time.
But, let's say that you had complied fully and it made sense for us to want
you to stay there, you know, to have the ability to do that so that you
wouldn't have to compete versus third parties for continued - you would stay
in the premises, that would be interesting and it might very well be fair.
The problem is, if the City wanted to simply decide to take back the property
17 October 26, 1989
in those 21 years, I would have a lot of problems tying the hands of the City -
-j for another 21 years unless it was understood that if we simply wanted to take _
' the property back, by that time the amortization should be complete, we should
have to pay nothing whatsoever if we had a different use intended. So I want
°~ to keep - I would give you the ability to negotiate with the City continued
stay without having to compete with the rest of the world, but not take away -
the discretion of the City to take back the property for our own uses if we
felt that we wanted a whole different kind of a use for that property.
Because we don't know, 25 years from now, what people might want to do there
~ and the unamortized value of that, by that time, should be worked out to be _
zero so that we could take it back without having to pay any value for it.
Mr. De Yurre: The concern that I have, Mr. Mayor, is first of all, Manny
Medina and Monty Trainers has a 46 year lease so obviously that, you know,
those concerns were addressed, I imagine, and satisfied. I feel that, as any
businessman and you're an attorney as well as I am and we all have businesses,
you know, to get financing from a Sun Bank, from a Barnett, knowing that
you're limited to the number of years that that property is going to be owned
by you and that it's subject to a number of things that may happen X years
down the road. I think it, in the real sense, in the real business world, it
creates a lot of difficulties. I believe that we've had - in fact, the Monty
Trainer project, if I'm not mistaken - and they needed to have that fifty year _
lease in order to get the financing that they wanted to accomplish something
that's really beautiful, that enhances the area and has done something that I
feel it's going to beneficial for us all in the City of Miami for many years
to come and many generations to come. I have no problem, you know, seeing an
individual that is no only just meeting the one and a half million investment
requirement, but is exceeding it way beyond that amount to the tune of seven
million dollars, that they be given some affordability of getting additional -
years understanding that they have to meet our requirements which we should
set them now which is, you know, the maximum rent being paid, that that place
be kept in tip top shape according to the industry standards and that whatever
other requirements we would want. But, I think it puts them in a...
Mayor Suarez: How about the ability of the City in those 21 years to - or
whatever that extension would be - to take back the property wi±hout having to
pay value for it7
Mr. De Yurre: Given what....?
Mr. Traurig: You had the right...
Mayor Suarez: For a change of use if we...
Mr. Traurig: You have the right to...
Mr. De Yurre: During the twenty-one.
Mr. Traurig: ...to condemn.
Mr. De Yurre: Well, you can address that.
Mr. Plummer: The 21 or the total contract?
Mayor Suarez: The additional 21. No, I guess we can't go back on the total
of 25 because we didn't build it...
Mr. Plummer: Why not? -it's negotiable.
Mayor Suarez: ...we didn't build it into the RFP.
Mr. Plummer: It's negotiable.
Mayor Suarez: I don't think so.
f Mr. Plummer: And, you know, I could be agreeable to that if they're agreeable
to the same thing that Monty Trainer went through when he got the additional
~;
years.
:,
Mayor Suarez: Yes, I...
Mr. Plummer: No, no, double the minimum.
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,3 18 October 26, 1989
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Mayor Suarez: I don't think that it's...
Mr. Plummer: Hey, pay the City $810,000 a year, that's what Monty offered to =
the City for the purposes of getting the additional lease and I think that's -
fair. They want more years, we want more rent. -
- Mr. De Yurre: But the years that they were paying at was based on something
i that was existing many years ago so it was bringing it up to par. This is up
to par now.
Mr. Plummer: No, no, no, it's a lot deeper than that. The Monty Trainer
property was acquired through a very unique contract in which the City did not
pay a dime and the City became the owner of the property after ten years.
That is not the case here. That was an entirely different contract and if
they want to do that, then I'm agreeable to sit down and negotiate an
additional 21 years almost doubling the contract. But the...
Mayor Suarez: Well, you can always do that. You can always do that.
Mr. Plummer: But the situation has to be the same as what Monty Trainer.
Monty Trainer agreed to pay double his minimum guarantee and if they're
willing to talk about $810,000 a year, minimum guarantee, I'm willing to talk
about more years.
Mr. De Yurre: That's after the 25th. Well...
Mr. Plummer: No, sir, from day one.
Mr. Traurig: May I give you the background again? You issued an RFP and we -
responded to the RFP and we said in the response that we're prepared to enter
into this lease if we were given a 46 year term and you, in these Chambers,
said, we'll only give you 25 years and we're back to you now saying, we've
negotiated a lease, your Manager says you can only have 25 years, but we're
saying to you, please consider the additional 21 years, establish reasonable
performance standards, hold our feet to the fire, require that we make the
maximum payment of rent during the latter term of the lease, and give us the
additional time. It's not comparable to the situation with Monty and his
restaurant because that situation was a renegotiation to extend the term of
the lease. We bid on the basis of 46 years and you approved this bidder and
we're asking you not to limit us arbitrarily to 25 years but take into
consideration the additional investment, the additional income that you're
going to get, the fact that we have additional cost in the form of something
in the nature of real estate taxes, and we're prepared to do all of things
that are reasonable based on the reasonable performance standards to be -
imposed upon us. But we're just saying to you, give us more than 25 years, -
it's fair.
Mayor Suarez: Bob, the two concerns that I have sort of merge into one. If
you discuss with us and we agree on what is a fair amortization term for the
improvements made, you say you're spending more and the Vice Mayor's
indicating that some banks would not like to finance something for 25 years.
Indeed, the difference between a 25 year amortization and a let's say, 32 year
amortization or even 46 year amortization, are very small and at the time of
the Monty Trainer lease extension vote, I remember producing some amortization
schedules for some of the principals over there and sending them to them to
prove that to them. However, if you were to let's say propose to us, as the
Vice Mayor is saying, hey, the banks won't finance it because they have their
standard mortgages and so on and the secondary market and all of that and they
won't finance it for less than 30 years or 32 years or 35 years, whatever.
And you were willing to agree that in those additional years, at least for my
vote, in those additional years after 25 since we didn't put into the RFP a
take back provision, that we would be able to take back the property by paying
you the unamortized - only the unamortized cost of whatever you have built on
there - I would agree to it then because it would be a fairly small figure by
the time you go to get the 25 years. But I, for myself, or unless you simply
want a 30-year lease as I indicated, I think, to Sherman when he called, you
know, it's just an extra five years because you're paying more because the 25
year and because the RFP contemplated that possibility. But, if you want it
to go beyond 'L5 or 30 years for my vote, I'd like to see us be able to take
back the property by making a payment that was basically whatever you have not
amortized of your improvements, otherwise, I'd have a problem with it because
19 October 26, 1989
I want to not tie the hands of our successors and our children and, in this
case case, perhaps our grandchildren, by getting into a 46 year lease without
being able to even adjust the numbers as Commissioner Plummer's also
indicating, there is an issue here of not only our desired use of this
property, but also the market. The market value may be so much enhanced over
- that period of time that we'd like to get more for our land but I particularly
would want to be able to change the use of the land. We may want to use it
for some other purpose.
Mr. Traurig: I have a solution. Mr. Plummer has won again. Mr. Whitmore
said that during that last 21 years, we will increase the minimum rent to
$810,000. You're going to be getting more than that anyway because of the
percentage rent.
Mr. Plummer: Excuse me, Mr. Traurig, that is not what Commissioner Plummer
said.
Mr. Traurig: That's how I understood it.
Mr. Plummer: Commissioner Plummer, in my private meeting with you, as well as
on the record today, very clearly stated from day one, from day one.
Mr. Traurig: Well...
Mr. Plummer: Now, I'm saying, and I told you when I met with you in my
office, and I'll put it on the record. I have not said any numbers in any way
shape or form, I have not said a term of period of years. My simple statement
is, you want more, the City is entitled to more. That's what I'm stating.
Mr. Traurig: Well, let me get an alternative then.
Mr. De Yurre: Let me take over here for a second. Do you have any problem
with a 25 year amortization?
Mr. Traurig: No, I think that Mr. Courts and Mr. Hepner here prepared to make
this loan right now for 25 years.
Mr. Plummer: Wait a minute, I'm sorry. What did I miss?
Mr. De Yurre: Twenty-five year amortization.
Mr. Traurig: A twenty-five year amortization is fair.
Mr. De Yurre: It's fair, OK. I make a motion.
Mr. Traurig: It's fair.
Mr. De Yurre: That we grant the existing 25 year lease term with three
additional seven year options provided that these options will trigger
automatically and we already have that 25 year amortization, so after the 25th
year any take back, we don't give a penny. Should we get it any down the
road? After the 25th year.
Mr. Traurig: Well, I think that that's a bit unfair, because after 25 years,
there'll be another massive investment in the infrastructure and to improve
the property...
Mr. Plummer: But that's not written in, Bob.
Mr. De Yurre: I'm talking about the original investment that is going to be
taking place now.
Mr. Traurig: Well, I think that Mr. Whitmore would like to respond.
Mr. Bailey: May I address...
~~ Mayor Suarez: That would have to be negotiated at that point. I don't think
we envision another massive investment after 25 years and if we got into that,
s; we'd want to know what it is, we'd have to approve it and we'd have to agree
~~ on a take back provision at that point.
Mr. De Yurre: That's right. Any future...
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20 October 26, 1989
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Mr. Bailey: Can I - I'm sorry, go ahead.
Mr. De Yurre: Hoid it, let me wrap it up now.
Mayor Suarez: Mr.. Vice Mayor.
Mr. De Yurre: We got to move on. Provided that these options trigger and
automatically provided they're paying the maximum rent, the maximum out of the
ten and a half percent for a period of 13 years, prior. 13 years. And that
according to industry standards, the property is kept i.n very good shape.
Mr. Plummer: You lost me on the 13 years, the prior 13 years.
Mr. De Yurre: Well, I want a track record that they're paying the ten and a
half percent which is the rent, the maximum rent they would be paying. That
they're paying it not like in the last three years, they started paying ten
and a half percent, but for a number of years there, they've been paying the
maximum.
Mr. Plummer: But that's triggered only by the gross. That percentage only
kicks in, is a sliding percentage based on gross.
Mr. De Yurre: Well, I want to make sure that the business that they have
there is being maximized to our benefit. If they have a business there, it's
only...
Mr. Plummer: But, Victor, they've already offered to pay double the minimum
for the remaining 21 years.
Mr. De Yurre: OK. But what about up to that 25th?
Mr. Bailey: Can I make a clarification, please? I asked for a clarification.
Mayor Suarez: Yes, based on a percentage of gross for the last 13 years, the
figure could be a lot higher is what he's saying.
Mr. Bailey: Can I ask for...?
Mayor Suarez: It could be that for those 13 years, you're paying on a
percentage of gross a very large figure and he'd want to continue that for the
rest of the 21 years.
Mr. Odio: Can I ask...?
Mr. Plummer: But we're talking about two things. We're talking about one is
percentage on the gross, the other one is minimum annual guarantee. It could
be two entirely different and separate situations.
Mr. Dawkins: Mr. Mayor, could I hear Mr. Bailey? Mr. Bailey, I asked you a _
question.
Mr. Bailey: Yes, I'm trying to get a clarification on this. I guess it's a
reclamation clause that you want to have in there whereby that we can, at a
period of time, after 25 years, recover the property for the amount of the
unamortized capital improvements. And if you're saying it should be done in
25 years, that can be done but, however, if any time during the 25 years they
make additional capital improvements, then amortization schedule goes out
again and I think the way you cover this, is that any point in time on the
extension that the City would have the ability to acquire the property on the
basis of the unamortized cost of the capital improvements and that gets you
out of it.
Mr. Plummer: Did Commissioner De Yurre - I'm sorry...
ij
Mayor Suarez: Yes, but we do retain the ability to approve or disapprove of
`' any further improvements at any time. Do we notl =
Mr. De Yurre: That you'll negotiate d own the road.
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;, Mr. Bailey: Yes, the wording we had a hang up on was will and shall come back
to the Commission. We had a problem with the word shall. If you're saying
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that they shall have the ability to come back to the Commission and ask for
_ any extension, then that's OK with us. We wanted to put the word will which
did not obligate you to hear them.
Mayor Suarez: Weli, it's even better, you can put must...
- Mr. Fernandez: Yes. Mr...
Mayor Suarez: ...but go ahead, it doesn't matter. Any of those are the same.
Mr. Fernandez: Mr. Mayor, the way it stands right now...
Mayor Suarez: They have to have our approval, that's for sure.
Mr. Fernandez: ...at the end of 25 years, the way it stands right now,
without further negotiation, we take back our property with all the
improvements thereon at no expense to us.
Mayor Suarez: Oh, I got you, I got you. I got you on that, if that's what we ~
go with, the recommendation, we get whatever is there at the end of 25 years.
Mr. Fernandez: Right.
Mayor Suarez: Sure.
Mr. Plummer: Mr. Mayor...
Mayor Suarez: But I'm clarifying that if we had specified contractually that
there would be no further amortization left and we were disposed to agree to
any kind of an extension provision, that any time from that time forward, if
we had a different use for the land in mind, we would have to pay nothing to
take it back. At least...
Mr. Fernandez: OK, that is clear to me, I just want to...
Mayor Suarez: So that they wouldn't have to compete against third parties and
that they could have their extensions if they're doing well and if they're
paying some kind of an amount that the Vice Mayor's trying to define and it
hasn't been too easy. But at least that we would, if we wanted a whole
different use for the land, would be able to take it back without having to
pay any money for it.
Mr. Plummer: Mr. Mayor...
Mr. Traurig: OK, is that a limiting factor, you must have a different use for
the land in order to take it back? You can't just take it back arbitrarily
because Mr. Whitmore has died and you don't like his successor?
Mr. Plummer: Mr. Mayor...
Mayor Suarez: That's an interesting point. I'd go either way at this point.
I'd follow my colleagues, whatever they wanted to do. I just wanted to be
able to - if, in fact, we change our mind as to the use of the property at the
end of 25 years - I'd like to be able to take it back.
Mr. Plummer: Mr. Mayor, this is a hell of a way to run an airline. You know,
we're throwing things out here that have not been discussed, we're talking
about, if I'm not mistaken, this is a major change to that which is before us.
May I strongly suggest to this Commission...
Mayor Suarez: But it was contemplated in the RFP process.
Mr. Plummer: That's not what is in front of us today. This is a major
# change. As I've always known it, we can do less, but we can't do more than
, what's before us. May I strongly suggest to my colleagues we send this
back....
Mr. Ae Yurre: No, no....
a
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'j Mr. Plummer: ...if, in fact, excuse me, if, in fact that there is to be talk
~j about an extension of time, there are so damn many things that have got to be
negotiated. Now, you know, in 25 years from today, a lot of that stuff over
~,
i
~~ 22 October 26, 1989
there has got to be changed, it's got to be modified, it's got to be replaced.
I ,just can't understand that we're trying to negotl.ate this thing here after
we, the Commission, sent an ultimatum or directive to the Manager, he went
there, h~ negotiated in good faith and now it's coming back here and we're
renegotiating the whole thing out here like we knew what the hell we were
doing. And I got to tell you something. I have said I have no objection to
the additional 21 years but, by God, this City's going to get more money. I'm
not going to give that land away and I don't think it's right that we should
sit here and try to negotiate it...
Mayor Suarez: How do you propose to define now what that lease payment would
be if we were disposed to extend it7
Mr. Plummer: Mr. Mayor, I didn't - I said on the record, I'll say it again.
I'm not trying to define it. That's what the negotiators are for. If I was
the negotiators, you know, then that's a different story. But I'm saying is
that...
Mayor Suarez: The negotiators need parameters though to be able to negotiate.
I mean, we have a comparison...
Mr. Plummer: Well, I can tell you this, that I would not even consider for
less than double from day one.
Mr. Traurig: But you have that right if you go with what Mr. Bailey had
proposed and that is that the extension of time would be on terms and
conditions to be approved by the City. Which means that at that point in
time, if you don't get enough rent and you can relate it back to the beginning
of the lease or whatever it may be because you'll be here in 21 years,
Commissioner.
Mr. Plummer: Bob, this is not a simple document, OK?
Mr. Traurig: But this is the only issue.
Mr. Plummer: Wait a minute now. We're going beyond this document. This is
where you and all of your lawyers, the City and all of their negotiators, got
to months and months to get to this document. Now, we're talking about going
beyond this document.
Mr. Traurig: All we're saying is, in 25 years the City can make the decision -~
as to what the terms and conditions of any extended period will be. How could -
anything be fairer than that?
i
Mr. Plummer: Bob, I'm saying, I'll continue to say, I am not going to sit
here and give this City away. You want more years, it's negotiable. It's _
negotiable. Just that simple. OK? But it's not going to be - you're not
going to sit here today and negotiate this damn thing out.
Mayor Suarez: Why are we saying something different? Are you now indicating,
} Bob, that you would suggest and accept almost what I asked initially, a
unilateral option by the City at terms set by us at that point? Were you
saying only economic terms can be changed?
Mr. Traurig: Only economic terms. The terms and conditions, meaning the
amount of rent to be paid...
! Mayor Suarez: And you don't want to set any guidelines for that? You
t wouldn't even want to be protected by suggesting...
Mr. Traurig: No, because it's within your control, Mayor. You are... the
then sitting Commission of the City of Miami will make a decision as to
whether or not it is in the best interest of the people of the City of Miami
to extend this lease and under what terms and conditions. That gives all of
the control to the future City Commission. We think that that's fair. All
that you have accomplished then by doing this is not to foreclose, not to
preclude an extension of lease on favorable terms and conditions.
Mr. Fernandez: And such favorable terms and conditions must always keep in
mind the minimum that the RFP has set out. -
23 October 26, 1984
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' ~ ~ -
Mayor Suarez: Oh, absolutely, absolutely, never in any way to be less than
the minimum because that would then put them in a position more favorable to
the other participants in the RFP process.
Mr. Plummer: No question.
Mr. Fernandez: Correct.
Mayor Suarez: I think, Mr. Vice Mayor, that the idea would be acceptable to
me that at the end of 25 years, the City can, on its own terms, including,
certainly, economic terms, I don't know what others we would drum up or dream
up but could negotiate an extension bilaterally with you without having to
include any other third parties or any other bidders. If that's what you're
seeking, I don't see any problem with that.
Mr. Plummer: Are you saying that they would have the exclusive right to
negotiate at the end of 25 years?
Mr. De Yurre: At the end of the 25 years, it's like a right of first refusal,
~ pretty much what it amounts to. You have a situation wherein, based on
whatever the economic conditions are at that point in time, the City and
Dinner Key Boatyard are going to sit down and work out an agreement.
Mr. Plummer: Without any additional compensation up front.
Mayor Suarez: Whatever, yes, well...
Mr. De Yurre: I don't need any right now. I'm satisfied with what we have
right now. And at that point in time, the City will negotiate with them -
provided they've been keeping the business - running the business according to
the industry standards and we're satisfied they're paying, you know, the
maximum amount that can be produced.
Mayor Suarez: We could couple that with the...
Mr. De Yurre: And the 25 year amortization.
Mayor Suarez: Thank you. OK.
Mr. De Yurre: That's my motion.
Mayor Suarez: So that there would be no value if we decided at that point not
to negotiate that we wanted to change the use of the property or whatever, we
wanted to take it back.
Mr. De Yurre: That's my motion.
Mr. Sherman Whitmore: Mr. Mayor, if I could say something...
Mr. Plummer: Excuse me, is there...
Mr. Whitmore: ...my name is Sherman Whitmore and I live on pier 2, slip 28.
Mr. De Yurre: Hold it, we got a motion.
Mr. Plummer: Sherman, Sherman, hold up a minute. Is there a second, Mr.
Mayor? I didn't hear a second to that.
Mayor Suarez: OK, we have a motion, do we have a second? Do we have a second
on the motion? Do you want to restate it one more time?
Mr. De Yurre: The motion is that three additional seven year terms, as
options, are going to be available provided that they have been running the
business for the 25 years according to industry standards and we're satisfied
that we're getting the maximum amount possible from that business that is
being run out there. Additionally, that there would be a 25 year amortization
wherein at the end of the 25 years, the amortization would be down to zero.
Nothing would be left unamortized.
Mayor Suarez: OK, so we want to take back the property.
24 October 2b, 1984
Mr. De Yurre: That's right. Additionally, that we would negotiate at that
point in time, the City would negotiate with the lessee as to terms and
conditions at that point which would be reasonable terms at that point in time
in the future.
Mr. Bailey: May t dust make the Commission aware of one item in regards to
that? If they're, for God's sake, have some catastrophic activity in terms of
a hurricane or what not in ten years from now, and you have to replace the
physical property and borrow more money to do that short of what the insurance
will pay, the amortization starts over. So you have to be careful in terms of
making sure that the amortization is over in 25 years.
Mayor Suarez: If some construction is needed and is approved by the
Commission pursuant to the scenario that you proposed, such as a natural
disaster, then as to that construction, you would have a new amortization.
Mr. Bailey: Absolutely.
Mr. Plummer: There's a provision in there, act of God.
Mayor Suarez: I think, in fact, that may be already covered, but dust in
case...
Mr. De Yurre: Or even any construction that is contemplated beyond what we're
talking about right now that 15 years from now they want to do something
additional, there'd be a...
Mayor Suarez: And that we approve...
Mr. De Yurre: Of course.
Mayor Suarez: ...because we have to approve it anyhow.
Mr. De Yurre: And it's a matter of sitting down with the City and working out
that arrangement.
Mr. Bailey: All right. One other...
Mr. Fernandez: Mr. Vice Mayor, the lease already provides for, at the end of
25 years, they turn it over to us free and clear. If you tie the City to a 25
year amortization schedule, it's undoing the provision that we have already
negotiated in the lease.
Mr. De Yurre: OK, then, forget about that and we'll go with what the lease
agreement says.
Mayor Suarez: No, no, but I wanted it as a clarification that when you say
that the lease at the end of the 25 year term, there is no value left, if we
wanted to take it back, I want to make sure that that extends then for the
extensions. In other words, that unless we approve some new construction or
something, we would then have a take back provision at any time.
Mr. Fernandez: Right, exactly. And now, Mr. Vice Mayor, when you mention
three seven year options, do you intend to have, at the end of each seven
year, you intend to have new negotiations?
Mr. De Yurre: You revisit every seven year period.
Mr. Bailey: Do we, at that time, negotiate it at then the current market
value of the lease? Can we put that in there also?
Mr. De Yurre: Whatever the conditions are 25 years from now.
Mr. Bailey: OK. At the current conditions.
Mr. De Yurre: That's something that is reasonable and with the economic
situation.
Mayor Suarez: What we're saying to clarify is that we would have the ability
to take back the property without having to pay for anything except any
construction that was approved for reasons that you stated into the record,
and that we could negotiate any terms that we felt were in line with the
market and conditions at that time.
25 October 26, 1989
{--~
1
1
Mr. Bailey: Are you saying that we would have the right to reclaim it for the
unamortized cost of any construction even at the end of 25 years?
Mayor Suarez: Yes, yes, yes.
Mr. Bailey: OK.
Mr. Plummer: No, at the end of... wait a minute, at the end of...
Mayor Suarez: Well, at the end of 25 years, it would be zero unless we had
approved some construction in between.
Mr. Bailey: Unless you have approved some construction, but if...
Mr. Plummer: Well, wait, whoa, whoa, let me ask this question, Mr. Bailey.
It's your understanding at the end of 25 years, if there is not a successful
negotiation...
Mr. Bailey: It terminates.
Mr. Plummer: It terminates.
Mr. Bailey: It terminates and you have to bid the property out again. Yes.
Mr. De Yurre: And dealing with reasonable standards.
Mr. Plummer: Well, no, no, no....
Mr. De Yurre: No, yes, yes, yes, yes...
Mr. Plummer: No, no, no, not reasonable standards now. You see...
Mr. De Yurre: No, I don't want the City coming - if the reasonable standard
is 15 percent and we want 25, you know.
Mr. Plummer: From what I understand, according to your motion, at the end of
25 years, if the City doesn't agree to the negotiation, that property
automatically becomes totally back in the possession of the City.
Mr. De Yurre: Provided they're dealing in good faith.
Mr. Plummer: Whose good faith?
Mr. De Yurre: City's and the boatyard.
Mr. Plummer: And who's going to determine that?
Mr. De Yurre: The court, if it comes to that. Yes, I mean like if one side
~~! claims that they're not acting in good faith, then, you know, you're going to
i~', have to seek your legal remedies. The thing is, as long as everybodys acting
in good faith at the City, if they're happy with the boatyard, and the
j; boatyard's happy with the deal it's got, they're going to keep going on.
~ Mayor Suarez: I don't think we'll have a problem. I'll tell you why, J. L.
If we have now clarified that at the end of 25 years, barring some
construction or whatever, we can take back the property without paying any
4 value, then we can negotiate whatever we want at that point. Because if they
1 don't accept it, we simply take it back and use it for whatever purpose we
want, including ourselves running it.
Mr. Fernandez: So the language would be the City may extend it, not the City
shall extend it.
Mayor Suarez: May, may is what it would have to be for my vote.
Mr. De Yurre: Well, shall, provided that there's an agreement.
Ms. Range: Mr. Mayor.
Mr. Plummer: This is crazy!
26 October 26, 1989
_.
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0
Mayor Suarez: I'm sorry, I have to retain the option to... I agree with J.L.
on that. I think we have to retain the option without having any court or
anybody else be able to review it. It just has to be our option.
Ms. Range: Mr. Mayor.
Mayor Suarez: Yes, Commissioner Range.
Ms. Range: I don't believe I'm the only one who is not completely at ease
with this issue that's been going on for the past hour. If you're going to
negotiate 25 years, after the first 25 years why not send it back for
negotiations at this point and be clear on it when it comes before this
Commission again?
Mr. Plummer: Get all of the ramifications...
Ms. Range: Get all of the ramifications out and have a decent deal at that
point.
Mayor Suarez: Yes, that's the same argument that has been advanced by
Commissioner Plummer and I have to admit that if we don't come up with a very
simple formula prett}• soon, that we're going to have to end up doing that. I
think, if you're going to have a majority, Mr. Vice Mayor, at least today, the
only workable way is that we retain the option to negotiate terms at the end
of 25 years and it's our sole option for those three periods of time that you
indicated. We would be guided by market conditions, obviously...
Mr. De Yurre: OK.
Mayor Suarez: ...but we're not going to be constrained by them.
Mr. De Yurre: But you're saying - but now you're saying something different.
Mr. Plummer: It's a giveaway.
Mayor Suarez: And the only right it gives them is that they don't have to go
out for bids again. They can negotiate with the City. If the City deems
proper to extend because they've run it well for 25 years or whatever, to
negotiate with them and extend their lease for another twenty-one.
i Mr. De Yurre: Yes, but you're not saying that the City has the option to
negotiate. You're going to say that the City will negotiate an option and if
it's worked out...
Mayor Suarez: OK, I don't think there's any difference because at that point,
since we've set the amortization at 25 years and clarified that the lease can
be ended without paying any consideration to them, barring any construction
that has been done in those 25 years, that we simply have that option to take
. back the property so we could simply say, we don't want to negotiate.
Mr. Traurig: May I suggest something different? A longer term than the 25
years and let me tell you why, longer basic term. When you heard over a
number of different occasions, the Merrill-Stevens argument that they didn't
make improvements on the property because they didn't have any assurance as to
the length of their lease, they were saying to you that at some point in time,
there was a recognition on their part that physical improvements should have
been made but they didn't make them because they didn't know whether or not
they could fully amortize them over the lifetime of - the normal life time.
We're going to make a complete new boatyard at that property. But there may
be a period of time around 20 years from now, when bulkhead improvements and
other major improvements ought to be made. And they ought to spend that money
to make those improvements and not let the lack of sufficient term of the
lease affect their decision. In other words, why, at the end of 20 years not
make all those improvements if they are necessary, but if there's only five
years left, it may very well be that they'll make the decision to hold off.
May I suggest to you that you make this initial term somewhere between 25 and
46 years and then on the renegotiated period, we come back to you on the basis
that has already been outlined?
Mayor Suarez: I stated before to your clients that because banks typically go
with 30 year mortgages, I would have no problem with 30 years because I think
that was contemplated in the initial RFP, so if you wanted to go for that, Mr.
27 October 26, 1989
# _ _ -
r
Vice Mayor, not changing any of the other terms, at the end of 30 years we'd
simply can take back the property. We have every option, we can always
negotiate, of course. We can negotiate after 20 years if, indeed, some
bulkhead improvements have to be made. We always have that ability.
Presumably, it won't be any of us that are here but some other successors...
Mr. De Yurre: J.L. may be still be here.
Mr. Traurig: J. L. will be here.
Mayor Suarez: ...but we want to retain that. I think we want to retain that
flexibility. I think that's what Commissioner Plummer's saying and I think
that makes sense, so I don't know if you want to try to make a new motion on
that.
Mr. Plummer: Does your motion contain anything that says that the City will
receive additional compensation?
Mr. De Yurre: No.
Mr. Plummer: Even though the applicant has offered in the remaining 21 years
to double the minimum? You're going to let that go by the board?
Mr. Dawkins: No, if you - come on, come on...
Mr. Plummer: Well, I'm asking.
Mr. Dawkins: Yes, but if you want it, J. L. , demand it. I mean, don't ask
him. Say, no, I will only vote for it if we include this.
Mr. Plummer: Well, that's why I want to make a determination of whether I'm
voting for it.
Mr. Dawkins: Well, say it then, come on. Well say, we want this, so we can
get out of here. You know...
Mr. Plummer: I've made my position clear.
Mr. Dawkins: OK, make a motion. Somebody make a motion , please.
Mr. Plummer: My motion - it's not my motion - my position is that its
negotiable from today, from February of '90. They want more years, the City's
entitled to more compensation.
Mr. De Yurre: Yes, but you know, J. L...
Mayor Suarez: And we built into the RFP that if they paid in excess of the
minimum, that they could negotiate a longer lease, up to 46 from 25.
Mr. Plummer: That's fine, negotiate. But right now, they're getting
something and we're not.
Mayor Suarez: They've been doing that. The Manager's recommending 25 years,
they're suggesting a slightly longer mortgage period and if anybody wants to
go with it, I'll entertain a motion along those lines, Mr. Vice Mayor, unless
you want to stick to your original motion and see if it gets a second.
Mr. De Yurre: I want something that will work here so that everybody can be
happy, or at least not totally unhappy. What about minimum guarantee? You
mentioned that you'd double it, eight hundred? Does that still stand?
Mr. Traurig: During the extended term, we will agree to it and increase in
minimum guarantee to $810,000 a year.
Mr. De Yurre: OK, then that's going to be...
Mr. Traurig: During any extended period.
Mr. Dawkins: Extended lease to what, Bob?
Mr. De Yurre: To whatever gets worked out.
28 October 26, 1989
-~
Mr. Traurig: Give us the original, the 30 years that the Mayor talked about
and from 30 to 46 years we will pay a minimum of not less than $810,000.
Mr. Plummer: Yes, they're hedging.
Mr. Dawkins: No, no, no, 30 years...
Mr. Traurig: Well, we'll pay that after the 25th year. -
Mr. Plummer: Well, Mr. Mayor, Mr. Mayor... the Vice Mayor has not received a
second, I'll move...
Mayor Suarez: Yes, the motion has not been seconded. I'll entertain...
Mr. Plummer: I'll move at this time that this matter be...
Mr. Dawkins: I second, I second, I second his motion.
Mr. Plummer: OK.
Mr. Dawkins: Now, under discussion.
Mayor Suarez: All right, let's clarify before we take a substitute...
Mr. Plummer: Substitute motion.
Mr. Dawkins: Under discussion.
Mayor Suarez: Please, please, please. Let's clarify what the motion is
before we take a substitute motion and then we'll entertain substitute
motions.
Mr. Plummer: All right.
Mayor Suarez: Mr. Vice Mayor, do you want to try one last time to...
Mr. De Yurre: OK, now we're talking based on your input, a 30 year base
agreement lease. The balance 16 year term to be negotiated at the end of...
or to be implemented if it can be worked out at the end of the 30 years. The
City to sit down with the lessee and to try to work out an arrangement. If it
gets worked out, fine, if it doesn't get worked out, we get the property and
then we move on frocn there to do whatever we want with our property.
Mr. Dawkins: Wait, wait... OK. We're talking 46 years?
Mr. De Yurre: It's 30 and then you can negotiate another 16 down the road 30
years from now. Guarantee...
Mayor Suarez: And that's constrained only by good faith. _
Mr. De Yurre: By good faith and also they're committing to a minimum
guarantee of $810,000 when we get into...
Mr. Bailey: Starting at what period?
Mr. De Yurre: After the 30 years.
Mr. Dawkins: But the City has a right to turn down anything after the 30
years.
Mr. De Yurre: Yes, in good...
Mr. Dawkins: Well, we return, right, we retain the rights. Is that what
we're saying?
Mr. De Yurre: In good faith, we are.
Mr. Fernandez: In other words, Vice Mayor, you're saying that the City may
negotiate after 30 years. Not the City shall negotiate after 30 years.
Mr. De Yurre; If we see, for example, the City say, we don't want to use this
as a boatyard anymore, we want to turn it into a park, then that's it, there's =
nothing to negotiate because that's the end of that.
29 October 26, 1989
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Mayor Suarez: Mr. Vice Mayor, I would suggest to get a, if you have any
chance at ail, getting a majority, that you simply extend the lease term to 30
years and leave totally at our option what. happens at the end of 30 years.
Because, otherwise, you're not going to get my vote. I'm not going to get
into setting a minimum suggested rent and then saying additionally that we
have to negotiate in good faith and having litigation at the end of 30 years
on this. I'm sorry, I go with 30 years and then we can do anything we want at
that point.
Mr. Traurig: Mayor, if you want to negotiate after 30 years, you shouldn't
preclude it.
Mr. Dawkins: Mr....
Mayor Suarez: Well, we always can negotiate if we want to, Bob, and you may
still be around or not, I don't know.
Mr. Dawkins: OK, let's get through with this, please.
Mr. Plummer: Mr. Mayor, I offer a substitute motion at this time.
Mayor Suarez: OK. Is that the motion... I'm sorry, Mr. Commissioner.
Mr. De Yurre: I'll go if that's what's going to get three votes, I'll go with
that.
Mayor Suarez: Are you seconding that?
Mr. Dawkins: Second, seconding that.
Mayor Suarez: OK, Commissioner Plummer, go ahead.
Mr. Plummer: I'll make a substitute motion.
Mayor Suarez: Substitute motion.
Mr. Plummer: At this time, that this is a very important issue, it is binding
this City for a long period of time and that this matter should be sent back
to the administration to come up with a real negotiated kind of a contract
that this Commission can understand, that's not being shot at from every way
and I would move that this item be deferred until such time as the
administration comes back in a contract form, to this Commission, spelling out
all of the parameters.
Mayor Suarez: So moved.
Ms. Range: And I'll second that motion.
Mayor Suarez: And seconded by the Commissioner Range.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: I would vote with the motion, but I will be voting against the
motion. This is nothing different than we did with Monty Trainer, this is
nothing that has been different and with done with Manny Medina, this is
nothing different than has been done. But now, all of a sudden, we are going
to impose rules that are not standard, in my opinion. Now, after this vote,
if anybody up here is desirous of making a motion, that from this day forward,
in all land transactions, the bottom line must be the benefit of the City of
Miami and everything else is secondary, I'll go for that motion. But I just
cannot in the life of me, understand how for one piece of development of
bayfront property, everybody is concerned now about the welfare of the City of
Miami and we have not, in my... we have not previously felt that way.
Mayor Suarez: OK, we have a substitute motion and a second to...
Mr. Plummer: Mr. Mayor, let me speak to my colleague.
Mayor Suarez: Commissioner Plummer.
30 October 26, 1989
:.~ -_ _ ...b.
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Mr. Plummer: That's what makes ballgames, differences of opinion. In the
Monty Trainer lease and the Manny Medina lease, first and foremost it went to
a referendum of the people and they had the opportunity t~ speak. It is not
the case here. Likewise, as I brought out before, in that additional lease, a
renegotiation that went from a minimum, from day one, of a $130,000 annual
minimum guarantee to double that and that's what I'm saying and that's what
I'm agreeing to here, OK? That's all I'm saying. That if they were to come
up today, in my estimation, and say from day one we'll do like Monty Trainer
and we'll double the minimum guarantee. Let's remember one thing that I think
that's been overlooked, I hope to God that there is never the day that comes
that we're just going to get minimum guarantee. If that boatyard is
successful, in my estimation, it should bring into this City a hell of a lot
more than minimum.
Mayor Suarez: And that is a very important staple feature of our leases. I
hope that our new reporter from the Miami Herald takes note of the fact that
we now compare a gross proceeds formula which could give us a lot of money
against a minimum rental so we cannot lose in either event. We always get a
minimum, but we may get a lot more and you make a very valid point.
Mr. Plummer: Thank you, sir.
Mayor Suarez: Anyone else? We have a substitute motion. I think we have to
vote on that first. Madam City...
Mr. De Yurre: Well, let me get a clarification. The lease as being
recommended by the administration, the only change that we're looking at is
basically extending...
Mr. Dawkins: He's out of order. He's not...
Mayor Suarez: No, he's clarifying...
Mr. Dawkins: No, he's not clarifying the...
Mayor Suarez: He's clarifying...
Mr. De Yurre: I got to understand so if I'm going to vote on this, I have to
understand what...
Mayor Suarez: The motion that you have made, would have simply extend the
very terms recommended by the Manager with some minor modifications that we've
made, by way of clarification to 30 years instead of 25.
Mr. Dawkins: The only issue that we discussed is substitute motion.
Mr. De Yurre: OK, and then that parties may, at their own option, negotiate
to extend the lease and that's it.
Mayor Suarez: You're right, you're right, you really are out of - he's right,
you're out of order on this motion because we're only clarifying the
substitute motion and then we'll go back to yours.
Mr. Dawkins: Substitute motion, that's the only motion that's on the floor,
is the substitute motion.
Mayor Suarez: He's right. He's right, as a parliamentary matter, he's right.
We have a substitute motion which is to defer and send back for further
negotiation. Anything further? If not, call the roll on that motion.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER RANGE, THE HEREINABOVE SUBSTITUTE MOTION FAILED BY
THE FOLLOWING VOTE:
31 October 26, 1989
~,
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
NOES: Commissioner Miller Dawkins
Vice Mayor Victor De Xurre
Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: Now, Mr. Vice Mayor, on your own motion, what clarification?
Mr. De Yurre: I dust want to clarify that all we're talking about is
extending the lease term from 25 to 30 years and giving the ability for the
City and the lessee to negotiate an extension of that lease, you know, down
the road when it's about to expire or at any time during the term of the
lease.
Mayor Suarez: I would ask that you not add anything other than extension to
30 years because I want to clarify that - we always have the ability to
negotiate and...
Mr. Fernandez: No.
Mayor Suarez: OK, I see what you're saying, I see what you're saying.
Mr. De Yurre: I want to clarify that, OK? _
Mayor Suarez: You're saying that you would want to build into the motion the
ability at that point not to have to put out for bids but to able to negotiate
with the one.
Mr. Fernandez: Correct. _
Mr. Traurig: Right. _
Mr. Fernandez: Exactly.
Mr. De Yurre: OK? That's the motion.
Mr. Plummer: But, wait a minute...
Mayor Suarez: And that's built into the motion.
Mr. Plummer: On the clarification of De Yurre. The only thing that you're
doing is changing the term of the years? What happened to the Mayor's take
back provision? What happened to the offer of doubling...
Mayor Suarez: No, that was clarified. I'm sorry, because if at the ena...
Mr. Plummer: Well, no, I'm asking.
Mayor Suarez: Yes, let me clarify that point. He said that at the end of the
25 years, now at the end of 30 if this passes, that we can take the property
back without paying any value.
Mr. Fernandez: Correct.
Mr. Plummer: But what about the take back provision?
Mayor Suarez: During the 30 years, we didn't build it into the RFP.
Mr. Plummer: And you're not building in the double the minimum guarantee.
Mayor Suarez: For what years do you mean? For those last five years?
Mr. Plummer: Well, even what I heard that I don't agree with is for the
additional years.
Mayor Suarez: For the additional five years? No, I don't think that's built
into the motion.
Mr. De Yurre: Not for the additional five years.
32 October 26, 1989
Mayor Suarez: Presumably the gross proceeds would be what we were getting
and, hopefully, there would be a lot more than the minimum guarantee.
Mr. Plummer: I just feel that it's a giveaway, I really do. I think that -
hey, you all do what you want, but to me, they're getting something and we're
getting nothing.
Mr. Fernandez: So if I understand Vice Mayor De Yurre 's motion, it would be
that at the City's option, lessee may negotiate an additional term of years
under terms and conditions favorable to the City beyond the 30 years, that is.
Mr. De Yurre: That's correct. And to the point that we're getting something,
we're getting an additional five and a half million dollars worth of
construction because all that we're required to do was one and a half million.
They're going to put in $7,000,000 so...
Mayor Suarez: Mr. Vice Mayor, I'll ask that you remove that for my vote.
Mr. De Yurre: What? -which part?
Mayor Suarez: I will agree to a 30 year lease agreement with the same basic
terms but no renegotiating provisions at all because I have a feeling we're
going to have litigation in 30 years when they say that somehow that implies
negotiating in good faith and at market value and I'd just like the City to be
able to have the ability after 30 years to do whatever it wishes with that
land, including putting it out for bids or not putting it out for bids, taking
it back, changing the use, operating it itself . All the things that we have
when this last lease expired. I want to be able to have that for my vote.
Mr. De Yurre: Well, let's do it this way, let's put it that the City may, in
its sole discretion...
Mr. Fernandez: That's what I've stated, at the City's sole option making it
the City's option.
Mr. De Yurre: And that's it, that covers the City's exposure. There's none.
Mayor Suarez: At its sole discretion, Mr. City Attorney...
Mr. Fernandez: That's right.
Mayor Suarez: ...a quick legal opinion. Does that mean that it really is? I
mean, they would have absolutely no right to challenge in court any reason why
we want to...
Mr. Fernandez: Correct, if that is the language and they agree to it and we
will make sure...
Mayor Suarez: All right, I'll vote for that. You have a motion, do we have a
second?
Mr. Dawkins: I second it.
Mayor Suarez: Any further discussion? If not, please call the roll.
j
33
October
26,
1989
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION N0. 89-960
A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE NEGOTIATED LEASE AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN THE CITY OF
MIAMI AND DINNER KEY BOATYARD, J.V. FOR THE PLANNING
AND DESIGN, CONSTRUCTION, LEASING, AND MANAGEMENT OF A
FULL SERVICE BOAT YARD, MARINA, AND ANCILLARY MARINE-
RELATED RETAIL USES ON APPROXIMATELY 10.88 ACRES OF
CITY-OWNED WATERFORNT PROPERTY LOCATED AT 2640 SOUTH
BAYSHORE DRIVE, 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 Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner M. Athalie Range.
Commissioner J. L. Plummer, Jr.
ABSENT: None. -
6. A MOTION EXPRESSING SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF
BONNIE MCCABE (See formalizing label 21).
Mr. Dawkins: Mr. Mayor, I have a...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: .., special item. As you read in the paper a couple days, Dr.
McCabe's wife Bonnie died, and I'd like to pass a resolution that states that
this Commission is in complete sympathy and pass on our condolences to Dr.
McCabe, and I would ask that they bring that resolution back for us to execute
this afternoon.
Mr. Plummer: Second.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call the
roll.
THEREUPON THE FOREGOING MOTION DESIGNATED M-89-961, DULY
INTRODUCED BY COMMISSIONER DAWKINS AND SECONDED BY COMMISSIONER
PLUMMER WAS PASSED AND ADOPTED BY THE FOLLOWING VOTE OF THE
COMMISSION:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner t4iriam Alonso
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None. -
(SEE LATER FORMALIZING R-89-973)
34 October 26, 1989
~:
7. THANK FPtxL FOR BANNER IN CONNECTION WITH FLORIDA A&M ORANGE BLOSSOM
CLASSIC FOOTBALL GAME.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: You know we get a lot of last minute things and nothing gets
done. The Florida A&M did not have their banners hung. They called Guy
Sanchez and Guy Sanchez hung them last night. I think we'd like to thank you
and tell you we appreciate it.
Mayor Suarez: Florida Power & Light, see we occasionally like some of the
things you do then.
8. EXTEND DEADLINE FOR SUBMISSION OF PROPOSALS ON UNIFIED DEVELOPMENT OF
THE 1145 N.W. 11TH STREET PROPERTY.
Mayor Suarez: Item 4. Go ahead.
Mr. Bailey: We were experiencing difficulty in assuring that we're probably
going to get three bidders for this site, our criminal justice site over at
the 11th Street and 12th.
Mayor Suarez: Do you think we are going to get three?
Mr. Bailey: We are having some difficulty. We have not had a...
Mayor Suarez: I win my bet, all right.
Mr. Bailey: OK, we would like to extend our time to January 31st so we can
more outreach and get more bidders.
Mayor Suarez: Yes, Herb... Commissioner Range, do you want to address it?
Mrs. Range: No, I'll offer to extend it.
Mayor Suarez: So moved.
i Mr. Plummer: I'll second it for discussion.
Mayor Suarez: You know, I really believe that come January 31st, we ought to
reevaluate selling this property outright if we don't get the right kinds of
bids, but I'm going to vote with you one more time in the hope that you get
what you want. I just think that it would make more sense for us to sell it.
Mr. Plummer: What was the original deadline?
Mr. Bailey: November 10th.
Mr. Plummer: And how many bids do you have presently?
Mr. Bailey: Well, the deadline isn't here yet, but we have had a considerable
amount of outreach with proposed developers, people asking questions, coming
in. In fact, there have been some polls taken of everybody who picked up the
application, and it has not been indicated that, that poll we took, that we
are going to have three bidders. We know we may have one.
Mayor Suarez: That's a very nice and elegant way of saying, optimistic way of
saying we have none at this point, Commissioners.
Mr. Bailey: I would like to at this time make another statement regarding
what you said, Mr. Mayor, because...
Mayor Suarez: I'm just trying to make sure I win my lunch money, from you,
you know.
35 October 26, 1969
Mr. Bailey: No, you win your luncheon, brother.
Mayor Suarez: In fact I think I did, because the deadline was the day of the -
opening of the bids.
Mr. Bailey: I would like to sort of point out at this time that this is not
just unique to this site. We have this in our UDP process whereby if we have
to receive rebidders, or we have to go out for referendum. We would like to
at some time, point out to this Commission that for innercity projects that
might be a poor vision and I think we...
Mayor Suarez: Thank you, I think you are 100 percent right and I think at
some point that provision, that Charter provision extends to property outside
of the waterfront?
Mr. Bailey: Yes. ~
Mayor Suarez: Everywhere.
Mr. Bailey: We would like to change it for those properties that are within
the core of the innercity.
Mayor Suarez: I'd be ready to vote on putting a referendum question anytime
you need to get rid of that as to innercity properties if you define them...
Mr. Plummer: OK, is...
Mayor Suarez: ... anyhow.
Mr. Plummer: You do have a motion and a second on it.
Mayor Suarez: We do have a motion and a second on extending the deadline
until January 31st, is it?
Mr. Bailey: Yes.
Mayor Suarez: Any discussion? If not, please call the roll.
i
' The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION N0. 89-962
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND
THE PROPOSALS SUBMISSION DEADLINE, FOR THE UNIFIED
DEVELOPMENT OF THE 1145 N.W. 11 STREET PROPERTY, FROM
NOVEMBER 10, 1989 TO JANUARY 31, 1990.
1
(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 M, Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Just for my edification, what was the appraised value of the
property the last time we checked it7 - with the new uses that we have allowed
on it?
Mr. Odio: I think it was five point seven, from memory. Remember but...
36 October 26, 1989
• ~,
Mayor Suarez: And with the specs that we got, right? I am aware of the
potential concern that we have there.
Mr. Plummer: Can I ask a question Mr, $ailey, right now? Where is this
emanating from that the property up on Biscayne Boulevard and 71st is being
put up for sale?
Mr. Odio: We're not. I met with the...
Mr. Plummer: But where is it coming from?
Mr. Odio: We are...
Mayor Suarez: Yes, how did the brouhaha get created that we've got so much
correspondence and even Miami Herald editorials, I mean.
Mr. Odio: The City deals with a lot of rumors and we should be used to that.
The fact is that at one point the owner of the club next door came to us and
said if we would sell. We have not decided what property...
Mayor Suarez: Was an appraisal done?
Mr. Odio: No.
Mr. Plummer: I mean, I...
Mayor Suarez: Yes, why did the newspapers pick up that an appraisal was done?
Mr. Bailey: Are you talking about...
Mayor Suarez: 71st Street, the mini-park.
Mr. $ailey: 69th Street, the beachfront...
Mr. Odio: There were some people interested in the property. That doesn't
mean we're going to sell.
Mr. Bailey: At one time this Commission directed the Manager to look at all
of our inventory for the purpose of...
Mr. Plummer: Surplus property.
Mr. Bailey: Surplus property.
Mr. Plummer; To be approved by this Commission.
Mr. Odio: Of course.
Mr. Bailey: Absolutely.
Mr. Odio: And it is here today.
' Mr. Bailey: And that's all that is.
Mr. Odio: So you can Zook it over, but I met with the residents and I think I
would, in fact I know I would agree with them that we should keep that as a
park open to keep the waterfront.
Mayor Suarez: But that's a very interesting conclusionary statement that we
probably all agree with, Mr. Manager, but the Commissioner and I and the rest
of this Commission are concerned about all of this inquiry by the media and by
the neighbors and what prompted it.
Mr. Odio: I don't what prompted it?
Mayor Suarez: Was an appraisal done?
Mr. Odio: No.
Mayor Suarez: Let me ask questions. Was an appraisal done?
Mr. Odio: No, sir.
37 October 26, 1989
~i
Mayor Suarez: Was it included in a list that was somehow submitted to The
Miami Herald, Neighbors section, as opposed to this Commission?
Mr. Odio: No, sir. And I met with the residents.
Mayor Suarez: Boy, I'd love to know how they got the idea that an appraisal
was done and we were getting ready to sell that property for a condominium.
Mr. Plummer: Maybe they generated it. Maybe they generated it!
Mayor Suarez: Maybe they generated it, OK. We have a motion and a second on
the item. Any further discussion? If not, please call the roll.
Mr. Dawkins: She has already called the roll.
Ms. Hirai: I've already called the roll.
9. (A) DEFER ACCEPTANCE OF PROPOSAL FROM SUNBANK/MIAMI N.A. - for
provision of banking services to the City - Refer all documents
submitted into the record from SunBank/Miami and Barnett Bank to
the Evaluation Committee for reconsideration and final _
recommendation - Direct Administration to rebid if legal mailing =
requirements were not met by the City - Make finding that bids
received were not responsive and that enough ambiguities existed
to warrant rebidding.
(B) AUTHORIZE MANAGER TO EXTEND PRESENT CONTRACT WITH SOUTHEAST -
BANK - for banking services (including lockbox) until contract
is awarded.
Mr. Plummer: Are you reclusing yourself, Mr. De Yurre?
Mr. De Yurre: I also am because I'm a closing agent for Barnett Bank and
SunBank and me, which is a great reason to sit this one out.
Mr. Plummer: OK, Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Plummer: I know the answer, but just putting it on the record, Mr.
Arbolella doesn't want to hear this, I have a lot of accounts with SunBank,
none with Barnett. They are strictly checking and such accounts, that does
' not in any way jeopardize my vote.
Mr. Fernandez: No, it does not.
Mr. Plummer: OK, just putting it on the record. Mr. Arbolella, some day we
will talk about moving some of the accounts, maybe. No, OK. All right, now,
one other question and then I'm going to let them proceed. As we see, there
are three members of this Commission left. We had a situation the other day
where that occurred and I think at that time it was your ruling that a two to
one vote would constitute an approval.
Mr. Fernandez: Correct.
Mr. Plummer: And you are still of that opinion?
Mr. Fernandez: Yes, I am.
Mr. Plummer: I don't agree with it, but that's all right. Now, what this
matter was deferred for was to allow SunBank basically to come back - and boy,
I'll tell you, somebody did their homework, unfortunately, it wasn't here
until yesterday - for SunBank to come back and say what they had done for this
community and I think at this particular point, Mr. Hoepner representing
SunBank, we ought to give you the opportunity to briefly run us through this
very high stack of paper which you presented us with. If you can't, the old
story says they get with intelligence, you get them with something else, so
take it from there and then if you wish to add some comments and then let's
38 October 26, 1989
bring it to a vote. Mr. Bernal representing Capital Bank wishes also to be
heard briefly, OK. Mr. Hoepner, proceed. For the record, your name and who
you represent.
Mr. Ted Hoepner: I'm Ted Hoepner, I represent SunBank. SunBanl~ is located at
777 Brickell Avenue in Miami and I thank you, Commissioner for permission to
speak and I thank the other Commissioners.
_~i
Mr. Plummer: Excuse me, Commissioner Dawkins...
Mr. Dawkins: I'm coming right in.
Mr. Plummer: OK, because then we don't have a quorum. All right, go ahead
sir, I'm sorry.
Mr. Hoepner: OK, I wanted to begin by thanking you for the opportunity to
appear before you today and to introduce the other SunBankers that we have
with us: Bob Coords, who is president.
Mr. Plummer: Could we skip the commercials and let's go to the meat of the
subject and that is to say what SunBank has done for the community? We know
all of these high-priced officials, they are here to back you up. We admire
them and thank them for being here, but let's get to the meat of the subject,
and that is...
Mr. Hoepner: Well, I wanted to do that, Commissioner, for the reason that at
the last meeting I made a terrible error and I wasn't here, nor did we show
thereby the banner, nor were we able to answer all the questions, so we
brought all the troops and I won't bore you with the introductions, but let me
say that the most important people in our institution that on an ongoing basis
over the three years will in fact, handle your account relationship in an
exemplary manner as they have many others. You know we have submitted to you
a voluminous amount of information relative to the job that SunBank has done.
_ We believe that the committee that you appointed was aware of what SunBank has
= done. They analyzed our proposal, they analyzed the other proposals and they
came forward with a recommendation to accept SunBank's bid. We have
- supplemented what they knew, through that very again, lengthy set of documents
and let me point out as you request some of the more important highlights if
you will, because there are literally thousands of examples of what we've done
in the community. Let me be specific to the City of Miami, because much of
- what is there is community-wide as opposed to specific to the City. You know,
_ as I look at the City's skyline and think over the last few years that the
most important projects the City of Miami has undertaken, the first that comes
to my mind is our new Miami Arena, the site of our Miami Heat and so many
wonderful things. As you all may recollect, it was SunBank that stepped
forward with the subordinated $10,000,000 piece of debt that allowed the other
_ banks, including Japanese participant in that credit to put together that
$50,000,000 package which in turn allowed us to build the arena. It was an
extraordinarily difficult transaction from beginning to end. It was a
transaction that frankly at the time was not accepted by other financial
institutions as you may be aware. We did it, we are proud of it, we want to
remind you that that beginning of the Overtown redevelopment, the arena, was
spark plugged by that negotiation. Secondly, we move across the street and we
look at Bayside. You'll recall the negotiations that went on in Bayside and
not only the tenants which we've already demonstrated we've done a good job
with, but the very essence of Bayside was promulgated by ourselves as well.
It was a piece of financing again that was very difficult, it was called the
City of Miami 1,200 unit parking garage. You needed a standby letter of credit
for $16,000,000 because others didn't accept the credit of the City, We
posted that $16,000,000 credit and again, that financing came available,
that's now been reduced to about $1,500,000 because we were right, you were
j right, that City parking garage has demonstrated its ability, just as you are
right in the arena and that cash flow, and of course the convention tax that
goes with it. Recently on our skyline of the City of Miami also has become
the prospect, the specter of the peoplemover being developed. Well, you say
now, how in the world, Hoepner, are you going to take any credit whatsoever
for that peoplemover? Well, I can only tell you that I've taken three trips
to Washington, I worked with Bill Lehmann and helped pay for, along with
frankly, Carlos, OK, and also Robin Rider of Southeast Bank, but I did make
the contact, did get that committee to come down during the Superbowl,
followed up with the County Commission and worked very diligently to try to
make sure our peoplemover went through and T would like to suggest that it had
39 October 26, 1989
some small impact. Also, with us today is David Wynn. Within our community I
think another wonderful thing has happened in the recent past and that was the
passing, by our electorate, of the $980,000,000 bond issue for schools. Haw
did SunBank get involved in that? Well, frankly, there was a void. There was
an outcry for support, there was a void. No speaker's bureau was set forth,
David Wynn headed that up for the community. We went out with over 100
speakers. We helped push that through and I think if you talk to
superintendent Joe Fernandez you would great credit to us in addition to the
monies that we and the other financial institutions made available.
Mr. Plummer: Ted, can I help you?
Mr. Hoepner: I can E;o on for a long time, Commissioner.
Mr. Plummer: Well, let me try to help you, because I said before, we want to
get to the meat of the subject.
Mr. Hoepner: Yes, sir.
Mr. Plummer: Long standing concern, and to his glory, Commissioner Dawkins
and echoed by the rest of this Commission, have been concerned that minorities
have not... minorities, not the City, the City has good bond ratings. We do
things that others can't do. What I think this Commission wants to hear, what
have you done for minorities. The concern we have is their not having the
ability to get loans, they're being red-lined, and that is what I think and I
cannot maybe speak for others, that is what we want to hear. What has your -
bank done for minorities in helping them to try to get ahead, because every
time we look, a minority stands before us, black, Latin, whatever it be, and
says I can't get financing. Now, I think that this Commission is saying to =
you, to Arbolella, to Peter Bernal, that's what we want to hear, because I
think we also remember, as I recall, there was only $400 difference in the bid
between you and the other bank, and that's not a lot of difference over a =
period of three years. We want to know your commitment, what have you done
for minorities, what are you going to do for minorities and I think that's
going to be the decision this Commission is going to base its finding on.
Mr. Hoepner: We've submitted a lot of documentation relative to that, Mr.
Plummer. One of the problems I've got frankly, is when we do what you _
propose, we are going to get into a discussion of individual credit -
transactions with individual customers, so if I can eliminate names and just
go through the process of what we have done, we have an exemplary record that
I believe the Commission is aware of us. We recently made a $600,000 loan to
consolidate two existing obligations to provide for construction and financing
of two black-owned area operated restaurants.
Mr. Plummer: In the City?
Mr. Hoepner: Overtown and Liberty City, specifically, OK? $728,000 loan to
consolidate an existing obligations established for the purpose and the
founding of a pension plate by a minority, OK? $152,000 loan to refinance
residential mortgages for blacks. $72,000 loan to a concrete contractor for
the purchase of equipment. This is one that operates two black awned
contracting companies in Dade County whose offices are in Liberty City, but
they do County-wide work. We provided a $4,900,000 loan for construction of
60 condominium units in Little Havana; also 15,000 square feet of rental space -
there. $450,000 loan for rehabilitation of four apartment buildings in
Overtown and Liberty City.
Mr. Plummer: Can you give me the period of time? Is it within the last two
years, the last five years?
Mr. Hoepner: All of these are certainly within the last five and as I look at
it, I would say most all within the last two.
Mr. Plummer: And you have documented the rest of them in there?
Mr. Hoepner: Oh, they are all documented, they are very clear.
Mr. Plummer: Well, to be honest with you, I haven't had time to read that
much since yesterday with all the rest of the reading I had to do. Try to
- wrap it up for us, if you may.
40 October 26, 1989 -
'~~,;,
Mr. Hoepner: Well, I think that your committee was very aware of what we've
done in the community, very, very aware and that's why frankly, they stepped
forward and said to you that it is SunBank that should receive this
appointment. We're extremely pleased with their decision and we tell you that
we are dedicated to do what we've done before for the City of Miami and in
particular as your banker, and I thank you.
Mr. Plummer: Thank you. Mr. Arbolella, do you wish to make a comment?
Mr. Carlos Arbolella: Yes, I would like to add a few comments for the record.
My name is Carlos Arbolella, 1941 SW 23rd Street. I am vice chairman of. the
Barnett Bank of South Florida, domicile at 701 Brickell Avenue. We too at the
request of the committee submitted a clarification to our bids, which is a
little bit of paper and I'd just like to show it for the record here.
However, in the essence of time, even though all of this was initially
presented in the bids, it clarified it and I am just going to rather quickly
through without too much delay, some of the projects for the record. We have
put into community affairs within the last two years $977,000,000. Rio
Plaza... I'm sorry, $977,000... Rio Plaza Condominiums for $7,000,000;
scattered site affordable home ownership development for $300,000; housing and
urban development program project for $7,600,000; Homes for South Florida,
$4,000,000; home purchases and home improvement lending, $37,000,000; Melrose
Townhomes Project and scattered site housing, $1,200,000; Miami Heat,
$17,500,000; Department of Off-Street Parking, $3,500,000; Bayside, $870,000;
and I the list could go on and on and on if you like me to continue. Business
Assistance Center, $400,000; loan commitments, outstanding sales that are
working in there, the CRA and Community Loan Affairs Committee for $975,000;
Bayside, $870,000; Rio Plaza Condominium, $7,000,000; the scattered site
affordable home ownership, $300,000...
Mr. Plummer: Enough.
Mr. Arbolella: OK, I could keep on going. I come before the Commission today
again based on the fact that... and Mr. Plummer, please forgive me, for the
record, the difference in bid was not $4,000, it was initially about $2,500,
no big deal, an error was done on that and the City received a letter
subsequent which made the difference in our bid about $5,000 plus dollars.
However, my position here today before you...
Mr. Plummer: Excuse me, you are saying $5,000 difference, lower or higher?
Mr. Arbolella: Lower, lower.
Mr. Plummer: Than SunBank.
Mr. Arbolella: Than SunBank, that is correct, sir.
Mr. Plummer: But that was after the fact.
Mr. Arbolella: No. $2,500 was at the time that the bid was closed. A letter
came in subsequently, because an error in computation had been made, which
extended that, and before all this happened, incidentally, it was almost
immediately the day of the bi.d which clarified that an error in computations
had been made and that Barnett Bank was $5,000 plus less than SunBank, which
is the closest bid. May I continue, please, sir? I just very briefly, and I
am not going to be very elaborate, again, I'd like to take Barnett's position
very respectfully, with our other competitors, is that the recommendations of
the Citizen's Committee on the granting of the City's banking accounts be
reevaluated by this Commission, because Barnett was the lowest bidder.
Barnett Bank meets and surpasses all CRI requirements, Barnett Bank meets and
surpasses all affirmative action requests. Barnett Bank has and continues to
be a leader assisting the City of Miami in their various projects and
community endeavors and there is one figure for the record that I must clarify
because there was an article in Miami Today referring to the $200,000,000 the
City of Miami businesses. When I saw this figure, I picked up our loan
journals and only in 12 loans that I picked out initially... mind you, only 12
loans, gave me a figure of $358,000,000 given to businesses domiciled in the
City of Miami; therefore if I were to go further in our own loan portfolio,
that figure would be astronomical. That is why I very respectfully come
before this Commission to stand on the merits of Barnett Bank and to request
that the bid be granted as it was a bid process, to the lower bidder, which
was Barnett Bank. Thank you very much.
41 October 26, 1989
Mr. Plummer: Thank you.
Ms. Robin Rider: Mr. Commissioner, may I just for just a moment?
Mr. Plummer: Do you represent a different bank?
Ms. Rider: Southeast Bank.
Mr. Plummer: Ladies first.
Ms. Rider: I'll be very brief, because I am, as my other colleagues, who I
think very highly of, I am not here to speak about the business, because we
did come in very high. I am here, if I may, to clarify...
Ms. Hirai: If we may have your name for the record, please?
Ms. Rider: Any name I want, or my own?
Ms. Hirai: Your own.
Ms. Rider: Robin Rider, Southeast Bank, One Southeast Financial Center, 22nd
Floor. In the Miami Today article, there was some dissatisfaction expressed
with, or reported expressed with Southeast Bank's position vis-a-vis community
reinvestment and I am here to clarify that. Although my colleagues have
expressed their involvement. in the community and they deserve much credit for
their involvement, I would like to say two things about Southeast. Southeast
Bank was the bank that initiated homes for South Florida. We not only -
provided the first $5,000,000 in available credit, it was Southeast that _
brought the idea to the community and indeed help develop the additional pool
of funding which both SunBank and Barnett were very quick to respond to.
Southeast Bank was also the very first bank in the State of Florida to provide
$1,000,000 to the Black Business Investment Corporation, the first $500,000 of
that went to the Business Assistance Center here in Miami and we continue to
be an active participant in that. Because we were the first in those two
major initiatives, it took not too much convincing on the part of senior -
management to also become the first bank in the State of Florida to provide
the low interest rate mortgages for low and moderate income families and you
may have read in the newspaper that that program will begin in November, on -
November 15th of this year, where we will provide $5,000,000 worth of
available mortgages to families who have combined household incomes of $30,000
or less, at one percent below the current market rate. I have a whole list of
loans that Southeast has participated in. We were also the first to provide
funding to the Tacolcy Economic Development Corporation for the building of
Edison Towers and we are committed to the second phase of Edison Towers. I
just want to clarify that Southeast has a very strong record of community
reinvestment and involvement. We were the first corporation in the State of
Florida to develop a foundation which handles all charitable giving on behalf
of Southeast Bank around the State and this year we will have provided with
charitable contributions in addition to all of the other programs I have
described, over $1,800,000 throughout the State, with the majority of that
right here in South Florida, because this is our home headquarters, so I wish
you well in your selection, but I did want to clarify what Southeast Bank has
done in this community. Thank you.
Mr. Plummer: Thank you Ma'am. I would you ask you to leave that document _
with us so that we would have it for our records. Mr. Bernal, for the last _
speaker.
Mr. Peter Bernal: Thank you, I'm going to be very brief, Mr. Plummer,
Commissioners and Mrs. Range. My name is Peter Bernal. Unfortunately, I'm
not a chairman or a vice chairman. I am just a consultant for Capital Bank.
I am here with George Triay, senior vice president and our manager at Brickell
Avenue. I wish I could have the financial statement of Mr. Holtz. What I want
to inform you, Mr. Plummer and Commissioners is the Capital Bank, as we recall
last year, and the bid this year are because last year you in the minutes, on
the record should reflect that, that you want that minority banks participate
in the process of the City of Miami. Outrageous enough, we never received the
RFP. The RFP was never sent to the Capital Bank, it was never even registered
in the mail. I mean, this is what is unbelievable. Capital Bank doesn't need
to say what we have done to the community. I think last year we presented a
package to you, we are the largest minority bank in the United States. We
42 October 26, 1989
~~
have our commitment reflected in our branches in Liberty City, in Martin
Luther King Boulevard, Coconut Grove, Little Havana, that our credit is
devoted to those areas and what I just want to suggest, Mr. Chairman is that
this bid was wrong, I think it should be voided, should be sent a new RFP, so
we all minority banks and all the banks should participate. I think that is
the fair decision to make and I request that very seriously. Thank you, sir.
Mr. Plummer: Mr. Garcia, I think the question has to be answered why they
were not invited to participate.
Mr. Carlos Garcia: Well, Commissioner, we sent 38 packages to these banks,
including Capital Bank. We know tYiat we sent the package. It evidently
either got lost in the mail or it was lost in their office. But besides that,
newspaper ads were placed in The Miami Review, and this is a copy of it, a
fairly large ad, Miami Times and Diaros Las Americas, so in addition to the
actual packages that were sent as a courtesy to the banks, newspaper ads were
placed.
Mr. Bernal: I'm sorry Mr. Chairman, as you remember, last year the minutes
should reflect that this year bids should be by certified mail and it is very
clear in last year's minutes, and it was not and this gentlemen here called
every month to the City of Miami and you recall about two months ago that I
came also to request when the RFP should be submitted. They have never
informed us and Mr. Triay, you have the records, sir, that call you every
- month for the RFP. We as a minority bank demand that you people should void
this and ask for a new RFP. Mr. Chairman, I think it is the fair thing to do.
Thank you.
Mr. Plummer: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Plummer: Your opinion? That's what I pay you for.
Mr. Fernandez: As to?
Mr. Plummer: You've heard the...
Mr. Fernandez: His request to void that? It is...
Mr. Plummer: Peter doesn't request. He demands.
Mr. Bernal: It is a request, sir.
t
Mr. Fernandez: Well, as to his demand, you don't have to listen to him. As
to his request...
Mr. Plummer: Sir, for your edification, I always listen. I don't necessarily
~ always agree.
Mr. Fernandez: It is one of the options available to you to reject all bids.
Mr. Plummer: All right, one other question and it was brought up by him.
Carlos, was there some policy that said that all of those bids were to be sent
out by certified mail?
Mr. Garcia: Not to my recollection, no, sir.
Mr. Plummer: Peter, your recollection, was that a policy, a request, a
demand, or what?
Mr. Bernal: I think that was last year, and probably Commissioner Miller
Dawkins, because at that time, if you recall, Mr. Suarez could not participate
because he stated at that time that he had some conflict of interest with
SunBank and Rosario Kennedy was chairing that meeting, if I recall. I
remember very clear Mr. Dawkins' statement about the participation of minority
banks that next year it should be sent by certified mail and every minority
bank should be informed and that is why I kindly request sir, that this should
be voided, sent again and let every of us... I don't want the whole account of
the City, all we want is a part and a share of what we have been devoted for
this community. I don't think that we need to say what Capital Bank has done.
Just go to any of our branches. Mrs. Range knows it, Mr. Dawkins too.
43 October 26, 1989
Mr. Plummer: OK, Peter, I'm trying to get to the technical point now. If
this Commission made that commitment where are we? I mean, Mr. City Attorney?
Mr. Fernandez: Yes, sir.
Mr. Plummer: If there is such a commitment in the record, where a.re we?
Mr. Fernandez: I would need to see the nature of the commitment. If that was
an expressed policy that was not backed up by an official resolution of this
Commission, it is really up to the Administration to respond to that. There
is...
Mr. Plummer: All right, let's see if Mr.
Mr. Garcia: Commissioner, if I may say, last year, the receipt of the
packages was not an issue. As a matter of fact, Capital Bank gave us a bid
last year, so that was not an issue at all last year. In addition to that,
the City has special program for minority banks. At this time we have three
accounts placed with minority banks, a black bank, a Hispanic bank and a
female bank, female owned bank. Of course, Capital Bank sends us...
Mr. Plummer: You are not really speaking to the true minority and that's
Mr. Garcia: Right, yes, sir.
Mr. Plummer: ... other, eleven percent.
Mr. Bernal: That's right.
Mr. Garcia: I'm talking about the minorities identified in the City of Miami
Code and when Capital Bank sent us a bid for that particular account, they
were not the winning proposal, but there is an account allocated to a Hispanic
bank.
1 Mr. Plummer: OK. You wish to speak, sir? Can you be brief?
Mr. Julius Jackson: Xes. My name is Julius Jackson, 1671 NW 195 Street,
Miami, 33169. Commissioner, I certainly appreciated the opportunity to have
gone through the packages as a member of the review committee for the
selection of a bank for the citywide banking services and one of the things
that came up in the meeting on the review process to insure that we were
absolutely fair, we even got down to a point, and I think the colleagues on
the committee will back me up on this, where we wanted to even to test the
points, make sure that everybody got credit for what they put in their
documents. I think that when you look back at the scoring sheets, you will be
able to make a determination as to whether or not we were fair in our
assessments. Now certainly, I know Mr. Arbolella from Chamber functions. I
know Mr. Hoepner from Chamber functions, etc., so they are both from my
perspective, great acquaintances of mine and I'd even like to say f riends.
However, as we went through the documents, we did the best we could in terms
of making an assessment and we viewed the leaders in the community in terms of
banking and we viewed the followers in the community in terms of banking and
surely enough what happened as we looked through the documents, we saw where
SunBank did come head and shoulders above, based on what we were looking for,
head and shoulders above the other banks so I just wanted to put that on
record that we thought we were real fair in making the decision that we made
and I in fact wanted to put that on the record.
Mr. Plummer: Thank you, sir.
Mr. Arbolella: Mr. Plummer, may I clarify the score sheets that Mr. Jackson
has just referred. I would like to ask how is it possible and I am sort of
concerned whether Mr. Jackson may have a conflict of interest, but I am
conversed how...
Mr. Plummer: Whoa, whoa, now, you don't make a statement like that...
Mr. Arbolella: OK, let me back off...
Mr. Plummer: Whoa!
44 October 26, 1989
Mr. Arbolella: OK, let me just refer...
- Mr. Plummer: Mr. Arbolella, whoa, no.
Mr. Arbolella: OK, let me retract, please.
Mr. Plummer: I can't let you make a statement a man has a conflict of
interest without putting it on the record.
_ Mr. Arbolella: OK, I will put it on the record, if necessary, rir. Plummer,
but let me first address the sheets. How is it possible that Barnett Bank is
- given three points out of ten for City sponsored participation by Mr. Jackson,
how is possible that Barnett is given a zero on minority compliance, how is it
possible that Barnett is given five points out of ten on the Reinvestment Act?
It is a little bit confusing to me, Mr. Plummer. The reason for the conflict
- of interest...
Mr. Plummer: OK, first and foremost, Mr. Arbolella, will you lay in the
table, please, the conflict of interest as you...
Mr. Arbolella: I am going to sir. The possible conflict of interest and I
say this very respectfully, Mr. Jackson, who I think highly of, he did have a
credit facility with Barnett Bank, which perhaps is not fully completed as it
should have been completed, very promptly. We worked with him, etc., but
there is a possibility that in his mind, a little bit of that issue could
remain.
Mr. Dawkins: Wait a minute, I don't...
Mr. Jackson: Wait a minute...
Mr. Plummer: Mr. Jackson, of course we give you the opportunity to respond to
both.
- Mr. Dawkins: Wait a minute, no, see, I'm a slow learner. I'm a slow learner.
You got to explain it to me, what you are talking about.
Mr. Plummer: Mr. Arbolella.
Mr. Arbolella: Mr. Jackson very promptly received a credit facility from
Barnett Bank, sir.
Mr. Dawkins: Credit facility?
Mr. Arbolella: That is correct, sir, and...
Mr. Dawkins: That's a facility as a building, a piece of property or some
money?
i Mr. Arbolella: As a loan. That is loan, sir.
Mr. Dawkins: Some money.
Mr. Arbolella: That is a loan, sir, which he worked very hard with, which he
did very well, but he fell short of his commitments and a charge off was
necessary.
Mr. Dawkins: And he...
Mr. Arbolella: That is why I feel that perhaps Mr. Jackson...
Mr. Dawkins: He got it from who? From the bank, the loan from where?
Mr. Arbolella: From Barnett Bank, sir.
Mr. Dawkins: Barnett Bank.
Mr. Arbolella: That's correct, sir.
Mr. Dawkins: And he didn't repay it.
r
~_
45 October 26, 1989
Mr. Arbolella: He repaid most of it, there was a portion that had to be
charged. That where the possibility of a conflict of interest could exist
with Mr. Jackson, although I think very highly of Mr. Jackson. I think he is
a tremendous individual, but that is my concern on this evaluation, sir.
Mr. Jackson: I...
Mr. Plummer: We accept your opinion and we will of course give Mr. Jackson
the right to voice his opinion on hopefully both.
Mr. Jackson: OK, two things, one on the apparent conflict of interest, I have
obligations with SunBank for an excess of the number that Mr. Arbolella is
talking about with Barnett Bank. I banked with both institutions and I did
not view that as a conflict of interest, however if it is recognized by the
powers that be that that is a conflict of interest having done business with
both banks, in fact, three banks, Southeast Bank as well, so I didn't see that
as a conflict of interest, number one. Secondly, if you go back to the
documents that Barnett Bank submitted, they, on the Community Reinvestment
Act, they submitted a document relative to, I think it was Kissimmee, or some
other place, that we wondered, and I think there are other members of the
committee here present, that have the same concerns that did not even speak to
what was happening in Dade County. Now, that's what I went by. The
- information that was submitted by the bank in terms of the affirmative action
plan, I think that they had like a one page sheet on affirmative action, there
may have been a couple, but when we looked at the affirmative action plan of
SunBank, it clearly said not only what we will do, but how we will do it, and
so when I looked at those things and looked at the degree, of the depth at
which one bank went to demonstrate what they were going to do and what they
had done, then I certainly took that into consideration, so I will be glad to
go back through my evaluation and demonstrate to them why I rated as I did
rate and I think the point where they got zero, they didn't submit anything
relative to that issue.
Mr. Plummer: Final speaker. Mr. Gary is chairman of the committee. You wish
to make any comment?
-~
Mr. Dawkins: Before he makes it, let me find out... Mr. City Attorney?
Mr. Fernandez: Yes, sir.
Mr. Dawkins: I got a $90 equity line with SunBank. Does that create conflict
of interest for me?
Mr. Fernandez: No.
Mr. Dawkins: Sir, you sure? -
Mr. Plummer: Only if you withdraw.
Mr. Dawkins: OK, I need to know, since everybody has been talking about what
they got, OK?
Mr. Plummer: Mr. Gary.
Mr. Howard Gary: Howard Gary, 3050 Biscayne Boulevard.
Mr. Plummer: Looking dapper, thin, and lean and mean and...
Mr. Dawkins: And broke.
Mr. Gary: Right!
Mr. Plummer: Yes, you got conflict with every bank and his wife, Toni.
Mr. Gary: No, I don't have a conflict with any of them that are in here, no
loans. As a matter of fact, I don't even bank at any of them. I'd like to
say, I'm happy first of all, that this discussion has taken place, because the
City Commission has put on record his concern about community reinvestment and
I think as a result of this discussion and people here, I think the banks now
understand the seriousness and I think also this is probably a problem in
terms of how the process proceeded and I'd like to submit to you, members of
the Commission, that a lot of the data, that has been presented by Barnett,
46 October 26, 1989
Southeast, and SunBank today were not included in those proposals and I think
it is a product of what I said to you earlier, and I think that the banking
- community, as laudable as their minimum participation has been in the minority
- communities and particularly the black community, now realize that this
_ community is serious about their reinvestment, not just in minority
communities that are well to do, but minority communities that need the help
the most, and if we had had some of this information that I am finding,
strangely, we didn't get a thick document like that. We got some, in some
_ cases we had some detail, in other cases we had some overview, in other cases
it was not broken down by black, Hispanic and Latin, and I think that if we
had had that kind of information in detail, what they have right there now, it
is additional information that we didn't have before us and I just wanted to
convey that to you.
Mr. Plummer: Thank you sir. I'll close the public hearing and ask for
discussion among the Commission.
Mr. Manuel Alonso-Poch: Commissioner Plummer, before you close the public
hearing, my name is Manuel Alonso-Poch, 3520 Rockerman Road. I was the other
member of the committee that...
Mr. Plummer: You'd like to make a commentl Please do, sir.
Mr. Alonso-Poch: Yes, I would and my comment is directed to what Mr. Gary
last said about a lot of excess documentation that wasn't presented to us
before, being before you now, but our committee not having the opportunity to
evaluate it properly and I certainly would like to have the opportunity to
evaluate whatever other information has been provided so that we can make a
recommendation based on all the information. That way there will be an
objective recommendation to you based on the entire substance of the
application, not just part of it, as is the case at this point.
Mr. Plummer: All right, sir, I close the public hearing and ask for
discussion among the Commissioners.
Mr. Dawkins: Mr. Plummer.
Mr. Plummer: Yes sir, Commissioner Dawkins.
Mr. Dawkins: I am extremely happy to see that the banks in the City of Miami
have taken this Commission to be honest and above board. When we first
started this, it was very difficult to get participation and now we appear to
have an abundance of participation.
Mr. Plummer: Never enough.
Mr. Dawkins: But I would have to agree with you and others, I have not had
time to evaluate the documents submitted. I don't intend to review them, but
I intend to have staff review them and prepare summaries that we can compare
by looking at the summaries. We do not have the time, Commissioner Plummer,
to sift through a document of that size and pull out the meat that we need to
evaluate our performance on, so I would like to move that since the committee
itself seems to think that it did not have the information, that it be given
back to the committee and let me them reevaluate and then anybody else who got
something they want to submit, submit it and let's see if the material is the
same, I'm sure the committee will bring back the same recommendations. Now,
that would be my motion, so I will move that it be sent back to the committee
to be reviewed.
Mr. Plummer: Mrs. Range ...
Mr. Odio: Can we ask...
Mr. Plummer: ... do you wish to comment?
Mrs. Range: Well, I have very little choice. I'm the only other member who
would either have to second the motion or let it die for lack of a second, and
I certainly would not want to do that. I would think that in instances of
this kind, that whatever is submitted to the committee at its inception should
be the governance of the committee's finding and it seems that we do waste and
awful lot of time back and forth, telling everyone to go back and dig out some
more evidence and bring it back and then come back again. It does not affect
47 October 26, 1989
me as really good and sincere government procedures. However, in this
instance, I really don't know what would happen if I simply refused to second
the motion. I am personally ready to vote on what has been given to us. If
indeed there is one item that bothers me, and that one item would be, I think
here again, a statement has been made that should be clarif ied, not for or
against either of L•he two institutions in contention, but by the Capital Bank
who claims that the City committed itself to sending out registered letters.
I think everything should be clarified and if indeed that is the case, then
that would be the only item, that would be of greater concern to me than
anything else which has occurred here.
Mr. Plummer: Do I understand you to say that you are seconding the motion to
send it back to the committee, assuming that the committee would reevaluate,
based on the fact that if there was a commitment made of certified mail, that
Capital Bank be allowed to be a participant, is that what you are saying?
Mrs. Range: Yes, I think we have to... _
Mr. Dawkins: Are you saying that if such a statement was made, then you would
recommend throwing them all out and start over? _
~ Mrs. Range: Yes, what I am saying is, first of all, I think the committee has
spent a reasonable amount of time. I think the information given to the
committee, its majority apparently claims to have had a sufficient amount of
information and I would be inclined to vote on the committee recommendation
one way or the other, however, if indeed it is fact that Capital Bank was
wrongfully denied the privilege of submitting, then I think that we must
consider all entities in that. Now, that's what I...
Mr. Odio: May I...
Mr. Plummer: Mr. Odio.
Mr. Odio: Well, I would like to add to the motion of deferral that we can
extend the contract we have with Southeast Bank...
Mr. Plummer: We have to extend the contract.
Mr. Odio: ... for at least six months and also we have the privilege to use -
the lockbox because it is going to take that long to go through this whole...
Mr. Plummer: Why? Why six months?
Mr. Odio: Are you talking about opening up an RFP?
3 Mr. Plummer: Possibly or not possibly.
Mr. Odio: Well, that's what I need to know. If you are opening the RFP again
i to any bank to apply, then it would take that long.
Mr. Plummer: I see what you mean. You are talking about six months. Well,
how about a motion that says that the present contract be extended until such
time as a new one is awarded regardless of what that time is?
Mr. Odio: I have no problem with that so long as we continue on the lockbox
also, lockbox.
Mr. Bernal: It could be only 90 days, sir.
Mr. Plummer: Peter, whatever, I'm saying is, whatever time it takes until the
new bid is awarded. That would be extended.
Mrs. Range: Well, Mr. Mayor, because of our number here, if we... I cannot
possibly second the motion and then make a substitute motion.
Mr. Dawkins: Yes, you can.
Mr. Plummer: Sure you can.
Mrs. Range: Is that all right?
Mr. Plummer: If it's acceptable to the maker.
48 October 2b, 1989
Mrs. Range: Then because of my earlier statement that I feel the information
given in the first overview of the contract, then I would second your motion
and make a substitute motion that we follow the...
Mr. Plummer: Item 5.
Mrs. Range: Item 5, that we accept the proposal of the committee. ~-
Mr. Plummer: Wait a minute now, whoa. Your substitute motion is to...
Mrs. Range: That we accept, that we accept...
Mr. Plummer: We accept the recommendation of the committee?
Mrs. Range: ... the recommendation of the committee, yes, that's my motion.
Mr. Fernandez: In other words, for SunBank.
Mrs. Range: Yes.
' Mr. Plummer: Yes, that's the recommendation of the committee. Wowl Where
- are we? OK, there is a substitute motion, is there a second? Is there a
- second? Is there a second? Motion dies for the lack of a second. Now, we
are back to the original motion, correct?
Mr. Fernandez: Correct.
- Mr. Plummer: Any further discussion? Motion understood, and that is to defer
the item and send it back to the committee to open up, if in fact there was a
discrepancy as indicated by one of the participants, or hope to be
participants.
Mr. Fernandez: No, the point of order...
Mrs. Range: No, that's not the motion.
Mr. Fernandez: No, no, no.
Mrs. Range: That's not the motion.
Mr. Plummer: OK, well then would you clarify for me the motion?
Mr. Dawkins: OK, the motion is to take the information that was submitted to
us in these two books...
Mr. Plummer: Right.
Mr. Dawkins: ... and give that information to the selection committee and let
them reevaluate it and come back.
Mr. Plummer: What happens if in fact we find in the minutes that there was a
directive of this Commission that these bids had to go out by certified?
Mr. Dawkins: Then you throw them all out and start over.
Mr. Plummer: Well, but do you want to incorporate that in this motion?
Mr. Dawkins: Yes, I will.
Mr. Plummer: OK, seconder agree to that?
Mrs. Range: Yea, I second it. Now so...
Mr. Plummer: So that the understanding is the committee will reevaluate that
material which is been proposed by the two main banks, if in fact, a clause is
found that a directive of this Commission said that it was certified, had to
be certified, the bidding, that in fact, that would throw it all out and rebid
the entire package, is that correct?
Mr. Dawkins: That's my motion.
49 October 26, 1989
Mr. Plummer: Does the City Manager understand thatl Mr. Garcia understand
that? Mr. City Attorney?
Mr. Fernandez: Yes.
Mr. Plummer: Call the roll. -
Mrs. Range: No, don't call the roll yet. -
Mr. Plummer: Don't call the roll yet.
Mrs. Range: Please give me clearance on the, did I hear six months? Did I
hear six months somewhere along the way?
Mr. Odio: No, I said, Madam Commissioner that if we had to re advertise and
wait for the advertisement, it's 90 days, then send it to the selection
committee and then bring it to the Commission, it would take that long.
Mrs. Range: What is the necessity of readvertising?
Mr. Odio: The law...
Mrs. Range: The principals are here.
Mr. Plummer: If you rebid.
Mr. Odio: According to the Law Department, according to the City Attorney he
said if we... you cannot just say Capital Bank now can apply, you have to open
it up to everyone.
Mr. Fernandez: Right, correct. So if you reject all bids, then it has to go
back through the entire process of an RFP again. And in order for you to
reject the bids, the contingent motion that you have built into your main
motion, Mr. Dawkins, I understand you to, also the City Commission be finding
that all the bids were not responsive and that there was sufficient ambiguity
in the whole process and that is the basis for rejecting all bids.
Mr. Dawkins: Correct, sir.
Mr. Plummer: OK, is the motion now understood? Motion understood by the
Administration?
Mr. Odio: I need some clarification. Are you saying that if we find a clause
in the RFP, that says that we had to mail the proposals as certified...
Mr. Plummer: I don't think that is what...
Mrs. Range: Yes.
Mr. Dawkins: No, no.
Mr. Odio: That's what I heard.
Mrs. Range: Yes.
Mr. Plummer: The intention was that the bids should have been sent out by
certified, not in the RFP.
Mr. Fernandez: In inspecting the records, the transcripts of the City
Commission at any time, if we find that on the record this Commission
instructed the Administration that this particular RFP should have been sent
out by certified mail and it was not, then the whole process has to start all
over again.
Mr. Plummer: Exactly.
Ms. Hirai: Excuse me, Mr. Plummer...
Mrs. Range: How much time does it take to determine that at this point? Do
we not have someone in the Clerk's office, or someone who can find that out
for us. We keep deferring these things...
50 October 26, 1989
Ms. Hirai: Yes, I will immediately request that. I will immediately assign
it...
Mrs. Range: It must be awfully confusing to those persons who take the time
- to bid and then to have it 3ust thrown around for another six months or so.
Why can't we get this information at this point?
Mr. Odio: Matty, can you have that after lunch?
Ms. Hirai: I will assign it immediately. One clarification with respect to
the motion. What if the comment was made by a given Commissioner during the
discussion, but it did not form part of the motion? - or it was not otherwise
formalized by resolution, Mr. City Attorney?
Mr. Fernandez: Then it does not carry the day. It has to be... in order for
- it to be an official policy statement of this Commission, it has to be
signified by at very least, a motion and a motion requires the vote of the
majority of the members of this Commission.
Mr. Plummer: And it's got to be incorporated in another motion.
Mr. Fernandez: Or, if the language of it is sufficiently clear so that it is
definitely incorporated into the motion.
Mr. Odio: I am going to say that she can look for the transcript. I don't
remember ever, that we ordered to send this proposal certified mail.
Mrs. Range: Regardless, we're all getting older and our memories fade us at
some time or other. T think it should be looked into.
Mr. Plummer: I will not accept that comment.
Mr. Bernal: Mr. Chairman.
Mr. Plummer: Mr. Bernal, I want to bring this to a conclusion.
Mr. Bernal: A brief comment, sir. The reason that this RFP was sent is
because last year, and Commissioner Dawkins remembers very clearly, was to cut
the contract with Southeast Bank, that's why this RFP was sent and that was
clearly stated that the minority bank should be notified by certified mail.
We we cannot read the papers.
Mrs. Range: Sir, we are not arguing that point any further. We are not
arguing that.
Mr. Plummer: It's simple.
Mrs. Range: We must have the record reflect that, that is the only way to
settle this.
Mr. Plummer: If the record reflects it, that's all is said, done and over.
Mr. Bernal: Commissioner, what I want you to understand, I think that it is
outrageous that this City doesn't send its serious business like that
certified, it is as simple as that. It should be the standard operating
procedure.
Mrs. Range: If it is in the record, then your statements will be honored and
it has to be there.
Mr. Odio: Just for the record, we do advertise and it was advertised in the
newspapers. I 3ust wanted...
Mr. Plummer: Please, don't beat a dead dog.
Mr. Odio: So I understand the motion.
Mr. Plummer: If it is there, it is there, and if it's not, then, thank you,
Peter, you made your point, OK?
Mr. Odio: Exactly. I understand the motion now.
51
October 26, 1989
9 _ -- -
Mr. Plummer: The motion is understood. Call the roll.
The following motion and resolution were introduced by Commissioner
Dawkins, who moved their adoption:
MOTION N0. 89-963
A MOTION DEFERRTNG ACCEPTANCE OF PROPOSAL FROM
SUNBANK/MIAMI, N.A. FOR THE PROVISION OF BANKING
SERVICES TO THE CITY; FURTHER, MAKING A FINDING THAT
JUSTIFICATION EXISTS TO REQUEST THE EVALUATION
COMMITTEE TO CONSIDER, EVALUATE AND MAKE A
RECOMMENDATION ON ALL ADDITIONAL DATA SUBMITTED INTO
THE PUBLIC RECORD BY BOTH SiTNBANK AND BARNETT BANK;
_ AND, FURTHER, STATING THAT IF A FINDING WERE MADE THAT
- LEGAL, REQUIREMENT EXISTED FOR THE CITY TO SEND ALL BID
INVITATIONS BY CERTIFIED MAIL, WHICH HAVE NOT BEEN
COMPLIED WITH, THE CITY COMMISSION WOULD DIRECT THAT
THIS WHOLE PROJECT BE REBID.
RESOLUTION N0. 89-963.1
A RESOLUTION AUTHORIZING THE EXTENSION OF THE PRESENT
AGREEMENT WITH SOUTHEAST BANK FOR BANKING SERVICES,
UNTIL A NEW AGREEMENT FOR BANKING SERVICES HAS BEEN
EXECUTED.
(Here follows body of resolution, omitted here and on
file in the Off ice of the City Clerk.)
Upon being seconded by Commissioner Range, the motion and resolution
were passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
NOES: None.
ABSENT: None.
ABSTAINED: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I'm going to vote yes, as much as I'd like to get it done and
over with. That motion did contain the extension until the successful bidder
is awarded, is that correct?
' Mr. Dawkins: Yes, it did.
t Mr. Plummer: OK. Until you formalize a contract, OK, until that point.
Mrs. Range: And that does not necessarily mean six months.
Mr. Plummer: It could mean ten.
Mr. Dawkins: No Ma'am, it could be thirty days.
Mr. Odio: It could be very fast.
Mrs. Range: It could be the next meeting if...
Mr. Odio: It could be the next meeting.
Mrs. Range: Sure.
Mr. Plummer: That's true.
Mr. Odio: Or, we have to advertise, then...
52 October 26, 1989
Mr. Plummer: Well, let me ask one thing on the record, Southeast Bank, on the
record. On the record, the record is at the microphone, please. This is
agreeable with your bank for this extension?
Ms. Rider: I would say in the interest of serving the City of Miami, yes.
Mr. Plummer: That's a smart statement.
Mr. Arbolella: Mr. Plummer, may I please add sir, that in the interest of
serving the City of Miami, Barnett is prepared to pay, if it was rebid,
whatever costs the City incurs additionally because of this confusion.
Mr. Plummer: You heard that, Mr. Finance Chairman? Thank you, sir. Ladies
and gentlemen, this concludes this item and thank you very...
Mr. Hoepner: Mr. Commissioner, if I might...
Mr. Plummer: Sir.
Mr. Hoepner: As the successful bidder up until a moment ago, I would like to
respectfully solicit your view as to whether or not we could expedite this
matter. The documents are here. We can research record today relative to
Capital Bank's problem. We can also, I would assume, go through these
documents and then get it over with. _
Mr. Plummer: Ted, it can be very simple. This matter could in fact be back
before us on the 16th of November. If in fact we find no demand for
certification of that, that eliminates just down to the two of you. Mr. Gary,
in his very, very, fast ways of doing things can take these two books, can
evaluate and it is back before us November 16th.
Mr. Dawkins: And Mr. ...
Mr. Hoepner: Well, what I was...
Mr. Dawkins: I'm sorry, go ahead.
Mr. Hoepner: What I was suggesting is, the research could be done, it would
seem to be relative to the certification, this afternoon...
Mr. Dawkins: No.
Mr. Hoepner: ... at lunch. By the same token, these documents are self-
- explanatory. I would like to suggest that over lunch, early afternoon, that
_ they be examined and a decision rendered. I mean, I think frankly...
_ Mr. Plummer: Well the only decision that would be rendered is to whether or
not it is down to the two of you, or if back out open to bidding.
Mr. Hoepner: Well, you could do that easily at lunch. Why couldn't it as
well be examined, the document3 during luncheon today. You know, the fact
is...
Mr. Plummer: Because Mr. Gary would have to call the committee back together.
Mr. Hoepner: The committee is here.
Mr. Gary: I don't work for him, I mean, you can't...
Mr. Hoepner: I'm just suggesting something...
Mr. Gary: I don't have time today to do that.
Mr. Plummer: Mr. Hoepner, rest assured, we will do it as quickly as possible,
sir.
Mr. Dawkins: And like Mr. Arbolella said, in the event that this was to be
expedited and someone wanted the committee to meet Saturday and Sunday and
there was a fee, he says he is willing to help share that fee. See, so now if
anybody else wants to help share that fee, stand up and say we want him to
work Saturday and Sunday, evaluate this and we'll share the fee.
53 October 26, 1989
Mr. Hoepner: That sounds pretty good to me, Howard.
Mr. Arbolella: Provided Mr. Gary doesn't charge me overtime.
10. AUTHORIZE MANAGER TO ISSUE REVOCABLE ONE-YEAR PERMIT TO HERITAGE
MORTGAGE CORPORATION - for use of property at 1325 NW 6 Street.
Mr. Plummer: Item number 6. Will somebody please call the Mayor and
Commissioner De Yurre? A revocable permit to the Heritage Mortgage
Corporation. Mr. Manager, what property do we own at 1325 NW 6th Street?
Mr. Ron Williams: It is the old area around the pump station, Mr. Plummer.
Mr. Plummer: And what are they using it for, parking?
Mr. Williams: They would like to use it for parking.
Mr. Plummer: And do you know the value of the landl
Mr. Williams: We...
Mr. Plummer: Is it $5,000, roughly ten percent?
Mr. Williams: Yes, that's the number that we worked on.
Mr. Plummer: Is there a motion?
Mr. Fernandez: Point of order, sir.
Mr. Dawkins: What is your recommendation, Mr. Williams.
Mr. Williams: That we approve it... that the Commission approves it
contingent upon their compliance with all of the zoning regulations and
requirements.
Mr. Dawkins: So moved.
~ Mr. Fernandez: That was my point, also.
Mrs. Range: I'll second.
Mr. Plummer: Motion made and seconded, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION N0. 89-964
A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY
MANAGER TO ISSUE A REVOCABLE PERMIT, IN SUBSTANTIALLY
THE ATTACHED FORM, TO THE HERITAGE MORTGAGE
CORPORATION, FOR THE USE OF THE PROPERTY LEGALLY
DESCRIBED AS LOT 18, BLOCK 32, LAWRENCE ESTATE LAND
COMPANY; ALSO KNOWN AS 1325 NORTHWEST 6TH STREET,
MIAMI, FLORIDA, SAID PERMIT BEING FOR A PERIOD OF ONE
(1) YEAR, AT AN ANNUAL USE FEE OF $5,000 PLUS TAX, IN
ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED IN
THE REVOCABLE PERMIT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
~' adopted by the following vote:
~.
I'
54 October 26, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
- Commissioner Miller J. Dawkins
NOES: None.
ABSENT: Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
11. CONDITIONALLY DESIGNATE CODEC, INC. TO UNDERTAKE LOW DENSITY, AFFORDABLE
HOME OWNERSHIP PROJECT ON MELROSE NURSERY SITE - Establish $750,000 as
reimbursement to the City by Codec - Approve, in principle, use of _
$1,500,000 City-assisted second mortgage funds by project sponsor as an
interim construction loan - Request Metropolitan Dade County to convey
title to said site to the designated sponsor/developer - Rescind prior
Commission action granting development rights to Melrose Townhome
Development, Inc. and Allapattah Business Development Authority.
~_
Mr. Plummer: We're down to item seven.
Mayor Suarez: Thank you, Commissioner, item seven. I know we have some
representatives of the County here. If there's any chance that we could do
something very quickly on your item, we'll get to it. Mr. Bartel, sir, don't
interrupt me as I'm going through the agenda. Bad enough to get interrupted
by my fellow Commissioners, my own staff is interrupting me.
Mr. Plummer: OK.
Ms. Range: Right.
Mr. Plummer: Thank you.
Mayor Suarez: What is the status on this, Mr. Manager, when you're through
speaking to the media? What is the status on seven? Where are we? What do
you recommend on seven?
1 Mr. Odio: I'm recommending Codec, I think we should proceed with this
property and, Mr. Mayor, I just want to ask them a favor, now that they're
i here. I have been dealing with the president of the association for the
building you run on 8th Street, E1 Bosce. Are you familiar with that?
Mr. Adolfo Albaisa: Yes, Codec doesn't own E1 Bosce.
I
j Mr. Odio: Codec didn't develop E1 Bosce?
UNIDENTIFIED SPEAKER: No, no, sir.
Mr. Plummer: Yes, they did.
Mr. Odio: Well, you'd better get your records straight. E1 Bosce was
developed by Mr. Julio D'Quesada, no?
Mr. Albaisa: No.
Mr. Odio: No? Or I'm...
Mayor Suarez: We always assumed that, in fact, that was given as an example
of a well built project by Codec, and if it wasn't built by Codec, tell us
otherwise.
Mr. Albaisa: E1 Bosce, Codec, the participation of Codec and E1 Bosce was to
obtain the surtax. So it was in that regards that co-developed...
Mr. Odio: Are you managing that property in any way?
Mr. Albaisa: No, sir.
55 October 26, 1989
Mayor Suarez: Who's managing it? Can we find out and get the information as
to whether they're managing it properly or not. _
- Mr. Odio: I need to find out.
Mayor Suarez: Wasn't Codec involved at all in building E1 Bosce? -
Mr. Odio: Yes, they were.
Mr. Albaisa: Not in the actual construction or the sales, just...
Mr. Plummer: Julio was involved.
_ Mr. Albaisa: ...in the qualify...
Mayor Suarez: Julio, himself, personally? I thought he used...
Mr. Plummer: Because Julio stood at that microphone and used that
project....why he should get some other projects.
Mayor Suarez: Yes.
Mr. Plummer: ...of why he should get some other projects.
Mayor Suarez: Yes, and I used it too. I thought it was...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
= Mr. Odio: Just say that on the record, that's what I want to... Pero, Codec
was not involved in that?
Mr. Albaisa: Because technically Codec was a co-developer by...
Mayor Suarez: Co-developer with...
Mr. Albaisa: ... with Voss...
Mayor Suarez: With? Oh, Phillipe Voss.
Mr. Albaisa: Not Philip Voss...
UNIDENTIFIED SPEAKER: Maria Elena Voss. We were just involved in obtaining
surtax.
Mr. Odio: I don't think he can...
Mr. Albaisa: Yes, Maria Elena Voss was the developer of it.
Mr. Mayor Suarez: With Maria Elena Voss, OK, any...
Mr. Odio: But Codec got them the surtax monies and that building has been
running properly and we've been trying to get something done and if you would
help us with that, I'd...
Mayor Suarez: OK, on item seven then, we have a $750,000 reimbursement price
set. Is that agreed to? Mr. Manager
Mayor Suarez:...is that your recommendation?
Mr. Odio: We're going to use a million and a half dollars, the City, as City
second mortgage funds and...
Mayor Suarez: No, no, as to the reimbursement for the use of the land.
Mr. Odio: Yes, that's agreeable.
Mayor Suarez: And then we have an addition to that, a million and a half in
our second mortgage funds.
Mr. Odio: Yea, sir.
56 October 26, 19$9
Mr. Plummer: Question. Mr. Manager, do we have a "Amen date" in this?
Mr. Odio: A what date, sir?
Mr. Plummer: An "Amen date." ~
Mr. Odio: Oh, no.
Mr. Plummer: In other words, if there's no development by...
Mayor Suarez: Deadline, I mean they cannot just sort of have it forever like
we've...
Mr. Odio: Oh, no.
_ Mr. Jeff Hepburn: I think they're supposed to report back in 180 days, I
think, six months.
_ Mr. Plummer: But, in other words, is what we are doing today, if they don't
do something in 180 days...
- Mr. Odio: The property would... we start all over again.
Mr. Plummer: Is that agreed upon?
Mr. Jorge Fernandez: Section 2 of the resolution reads the Codec, Inc. is
hereby directed to prepare and finalize project plans and specifications,
construction and home purchase financing, unit prices, construction schedules
and marketing plans which shall be submitted within 90 days of the date of
this action for final consideration or approval by the City Commission. So is
that the "Amen date" you're looking for? -
Mr. Plummer: Ninety days?
Mr. Dawkins: Is this affordable housing or townhousing? I'm sorry, J.L. Is
this affordable housing or townhousing or what is this?
Mr. Hepburn: We're talking about 150 units of townhouse construction.
Mr. Dawkins: None of that senior citizen home or what have you.
Mr. Hepburn: No, sir.
Mr. Plummer: It says moderate income.
Mr. Dawkins: Strictly affordable townhouses.
Mr. Hepburn: Yes, sir.
Mr. Fernandez: Yes, affordable...
Mr. Dawkins: That who we're talking...
Mr. Albaisa: Yes, it's strictly affordable, yes, we're...
Mr. Dawkins: OK.
Mayor Suarez: We were clarifying, Commissioner, Commissioner Plummer was -
asking about a deadline because we've had so many that have passed.
Mr. Plummer: Yes, is 90 days enough time to put that package together?
Mr. Albaisa: It depends on what the definition is of complete plans. I would
suggest that we, at that time, come with complete preliminary drawings with
enough information to obtain all the necessary costs and that, and financing,
and apply for the surtax.
Mr. Plummer: It seems like an awful short period of time for that amount of
work to be done.
Mr. Albaisa: Yes, remember that also the site presents very unusual
conditions because of the original use of it being a nursery previously will
57 October 26, 1989
present a lot of site planning problems
that should be...
So, I would hate to rush something
Mr. Plummer: I don't think, Mr. Manager... I would rather them do it complete
rather than rushing and I would like to extend that to six months. I think
that's reasonable.
Mayor Suarez: Six months to put together the financing package or to break
ground or to do what?
Mr. Plummer: You know, if not, you're going to force them in 90 days to
possibly make mistakes, possibility to cut corners that they don't want to and
don't have to. I think 180 days is reasonable.
Mr. Albaisa: I agree.
Mr. Plummer: God knows, the other ones had it for two years.
Mr. Albaisa: Yes, well, for the record, my...
Mayor Suarez: You're not going to argue against that, are you?
Mr. Albaisa: No, I don't have any argument of that.
Mr. Plummer: Oh, I'll cut it to 45 if you want.
Mr. Albaisa: No.
Mr. Dawkins: Tell him don't be too generous.
Mayor Suarez: All right, do we have that in the form of a motion as this
resolution, Commissioner?
Mr. Albaisa: Excuse me, could I - by the way, my name is Adolfo Albaisa...
Mayor Suarez: It doesn't help if things are going your way...
Mr. Albaisa: It doesn't help?
Mr. Plummer: Now that I know who you are, I'm going to vote against it,
that's ail right.
Mr. Albaisa: You know, we're happy to be selected to develop the Melrose
site. Codec, as you know, has been...
Mr. Plummer: Do you realize the more you talk, the worse you're hurting
yourself?
Mr. Albaisa: That the more... Well, we have a...
Mr. Plummer: Keep on talking.
Mr. Albaisa: I have an additional request though, that's the problem.
Mr. Plummer: Ohhhhhhhh! Ho, ho.
Mr. Dawkins: Now, you're really going to blow it.
Mr. Plummer: Ho, ho, ho, Yogi Bear.
Mr. Albaisa: And I know that you're going to like it. Based on previous
experience, as you know, we had a lot of problems in Las Palma because of
financing and because of the land. On Las Paima we are reimbursing the City a
certain value which I believe is about five or six thousand dollars per unit.
I would...
Mayor Suarez: We try to analyze it in terms of... wait, Mr. Albaisa, we
usually analyze it not in terms of how much reimbursement per unit, but what
percentage of the total value of the land. I think it's 50 percent in that
case, is it not?
Mr. Albaisa: In that case it was like 50 percent, yes. -
58 October 26, 1989
• ~ ^
Mayor Suarez: Right.
Mr. Albaisa: Now...
Mayor Suarez: Because if you give us new figures, you confuse us.
Mr. Albaisa: I understand that the resolution that the staff is proposing is
for a value of the land based on half of the appraised value which is
$750,000...
Mayor Suarez: Which is again...
Mr. Albaisa: Which would be like five thousand dollars per unit. Now, my
experience tells me that $5,000 could be the difference between the project
being a success or not. And I would suggest that the City Commission take a
further step and give Codec a complete line of...
Mr. Dawkins: You know, I could believe you if I hadn't seen what's happening
in Overtown/Park West. In Overtown/Park West, they said the units wouldn't
sell because they were here and at this price and they're buying them rapidly.
Mr. Albaisa: Yes, but...
Mr. Dawkins: See, so, you know, and if - I mean, I'm just talking for me - I
don't know, OK? See.
Mr. Albaisa: Yes, I'm the architect for another project in Park West and I am
familiar with the prices and that's why I'm saying Poinciana Village is mine.
Mayor Suarez: Well, now, in one project, maybe we've made so many changes in
the parameters, in one project we did set, I think the Vice Mayor made the
motion, we did set the reimbursement as a almost minimal for ten years and
then amortized after that point for the next 20 years after that. Which one
was that, Jeff?
Mr. Hepburn: In terms of third mortgage, we allow for flexible terms in terms
of repayment back to the City.
Mayor Suarez:
that you...
Mr. Hepburn:.
project, the
Mayor Suarez:
j Mr. Hepburn:
Well, but which project was it that we came up with the formula
There were a couple of projects that applied to, the Melrose
Civic Center project, two projects in St. ...
St. John's Economic Development.
Exactly, exactly.
Mayor Suarez: And Melrose.
Mr. Hepburn: Exactly.
Mr. Dawkins: And Civic Center.
Mayor Suarez: And Civic Center. That's their project, Las Palmas now...
Mr. Hepburn: Yes.
Mayor Suarez: It's just changed names apparently. OK. Now, in what
percentage would we get back of the cost of the land eventually?
Mr. Hepburn: Based on both scenarios, about 50 percent.
Mayor Suarez: Based on both scenarios. Now, can we use that same
amortization schedule here?
Mr. Hepburn: We're applying that, it's incorporated in the resolution, yes.
Mayor Suarez: Oh, it is, OK.
Mr. De Yurre: As a third mortgage?
59 October 26, 1989
Mr. Hepburn: Yes, sir.
Mayor Suarez: So that for the first ten years, there's almost no principal -
payments to us at all.
Mr. Hepburn: Yes, sir.
Mr. De Yurre: Are they paying any interest?
Mr. Albaisa: Yes, but the problem with that is that really that doesn't help
the sales price. It still is the same. We feel that in order for the
market...
Mayor Suarez: You don't think it helps? It's like a variable mortgage, I
mean, you get ten years where you're not getting any principal back.
Mr. Albaisa: Yes, but that person ten years from now, twenty years from now
is going to be faced with a tremendous mortgage, yes. -
Mayor Suarez: Oh, I have a variable mortgage on my house. I'm going to be -
faced with a problem next year. It only lasts one year. Ten years is a long
period of time. Anyhow, unless somebody wants to try something different.
Mr. De Yurre: To me, housing is uppermost on the things that we need to
address and to make available. I've got, personally, have got no problem
seeing a viable product being created and if it takes giving the land for this
cause, I don't mind giving it, you know, not even considering a mortgage that _
we're going to get ten years from now and we may even have to end up -
foreclosing because they can't meet the payments or somewhere along that line.
I've got no problem with making the land available at no cost for this -
concept.
Mr. Plummer: My only question still remains the same. How do you continue
the program? We're running out of land. We're running out of money and if
you give it away, how do you continue the program into the future?
Mr. De Yurre: Well, it's our commitment to...
Mr. Plummer: I don't mind talking about reducing the amount or giving terms
that are more than favorable, but there's got to be somewhere along the line,
some kind of reimbursement because the day is rapidly coming, if not here,
that we'll have no more land, and how do you go out and buy more land? How do
you go out and acquire more land so that we can continue this kind of a
program? Now, I'll go along with a reduced, but I can't go along with an
elimination.
Mayor Suarez: What was the actual cost of the land to us7
Mr. Hepburn: Two point four million dollars.
Mayor Suarez: Two point four just for this parcel?
Mr. Hepburn: Yes, sir.
Mayor Suarez: Wow. Once again, I hope that at some point the City
administration will come up with a suggest - if there is one - now it may be
that we're just not constrained too much by the law of acquiring property so
that everybody doesn't know right off the bat that we are the ones acquiring
it and we don't end up getting hit with a huge, much larger than market value
as I think is evident, up to now. I know Disney World used the system of a
blind trust or something, and I guess Knight-Ridder must have used one too for
the purchase of their property over by the Herald, so somehow, I don't know if
we're constrained by law so much that we can't do it, but the moment they know
it's us buying it, there goes the price. And the only alternative is
condemnation, and we don't want to try quick condemnation anymore, quick take.
OK, Commissioners, what's your pleasure on the item? Did you move it,
Commissioner Plummer, as...
Mr. Plummer: I didn't move it. I'm, you know...
Mayor Suarez: I thought you had.
60 October 26, 1989
Mr. Plummer: No, I asked a question.
Mayor Suarez: And you put a modification in it, no?
_ Mr. Plummer: Well, I put a modification to, but I didn't move it. Like I
say, Mr. Mayor, I would be agreeable to reducing but not eliminating, and I
don't know what that would be to be favorable.
Mayor Suarez: And delaying the principal payments for ten years? Now, you're
saying that is built in under most scenarios?
Mr. Hepburn: Yes. I think what they want is reduction up front so they can
- incorporate that in their sale price.
- Mayor Suarez: Why is this not a reduction up front if we delay principal
payments for ten years? Where am I missing the...
Mr. Hepburn: I view it as a reduction. You know, as an incentive on our -
part. _
Mr. Albaisa: Oh, no, definitely, I'm not complaining about the intention of
- the City, I'm just stating the reality as I see it.
Mr. Plummer: Well, I'll tell you what, I'll move it, Mr. Mayor, based on as
it is before us. If they can come forth and demonstrate the need for further
evaluation we can do such. But I'd like to get it moving at this particular
- point to the point of giving them the opportunity to come back before the
City, bringing these final plans, drawings, and whatever else. And if they
want to write a letter of justification of why they think it should be further
reduced, then we can consider that at the time that we give final approval.
Mr. De Yurre: What are they getting right now? -half of the amount? What is
it down to7
Mr. Plummer: Right now, it's built into the motion at $750,000.
Mr. De Yurre: Which amounts to how much per unit? -five?
Mayor Suarez: It sounds like about a third of the cost to us.
Mr. Plummer: About a third.
Mr. Hepburn: There was a re-use appraisal done back in April of 1988.
Mr. De Yurre: What is that? What have you got? -a 150 units? -
Mr. Hepburn: A hundred and fifty units.
Mr. De Yurre: And it comes out then to about what? -five thousand per unit?
Mr. Albaisa: Five thousand.
Mr. Plummer: No, it will be actually more - well, as it stands...
Mr. De Yurre: Yes...
•J Mr. Plummer: Well, yes....
Mayor Suarez: Yes, five thousand per unit.
Mr. Dawkins: OK, I'm going to vote, I think, with the motion, and I'll be
prepared to change when the motion comes back. If I see the unit and I see
the size of the unit, and the quality of the unit, then I'm prepared to go
along with you.
Mr. Albaisa: Well, that's exactly what I'm saying.
Mr. Dawkins: But, no, no, no - I'm just telling you. No, I'm telling you,
OK1 See, thEn I can say to you that you took a beating and what have you and
I need to go along with you, but if I go and.... see personally, that the
units are - and I'm just saying this for discussion - not of top quality and
61 October 26, 1989
da da da and some corners was cut, and I don't think you should receive it and
I'll be voting... but I have no problems, I'm just like everybody else. I've ~.
been complaining for five years to get housing on that site and whatever it
takes to get it there, I'm prepared to do it but I am also prepared to demand _
that the citizens get quality for their money.
Mr. Albaisa: OK. I can assure you you're going to get it. I also have been
working on that site for ten years since your City bought it.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
Did you second? Or, Victor, did you want to try a substitute motion? _
Mr. De Yurre: No, no, I'll go along with that, and then we can always come _
back and revisit it.
Mayor Suarez: Moved and seconded with the understanding that we could always
reduce it if it doesn't seem financially feasible. Moved and seconded. Any =
further discussion? If not, please call...
Mr. Fernandez: Yes, point of clarification, Mr. Mayor.
Mayor Suarez: Yes.
Mr. Fernandez: It's already included, the 180 days which was extended, right?
Mr. Plummer: Correct.
Mayor Suarez: And at that point, they have to show complete...
Mr. Fernandez: And then come back.
Mayor Suarez: ...financial viability...
Mr. Fernandez: Right.
Mayor Suarez: ...is that what the deadline...
Mr. Fernandez: Correct.
Mr. Plummer: And if they wish for any reduction on the cost of the
property...
Mr. Fernandez: At that point in time.
Mr. Plummer: ...they would have to give a justification.
Mr. Fernandez: That's the way I have it.
Mayor Suarez: Call the roll.
62 October 26, 1989
• ~
The following resolution was introduced by Commissioner Plummer, who _
moved its adoption:
RESOLUTION N0. 89-965
A RESOLUTION, WITH ATTACHMENTS, CONDITIONALLY
DESIGNATING CODEC, INC., A NOT FOR PROFIT CORPORATION,
TO UNDERTAKE, ON THE MELROSE NURSERY SITE, A LOW-
DENSITY HOMEOGINERSHIP PROJECT AFFORDABLE TO FAMILIES
AND INDIVIDUALS OF LOW AND MODERATE INCOME;
ESTABLISHING SEVEN HUNDRED FIFTY THOUSAND DOLLARS
($750,000) AS REIMBURSEMENT TO THE CITY FOR THE
MELROSE NURSERY SITE BY CODE, INC., APPROVING IN
PRINCIPLE, USE OF $1,500,000 IN CITY ASSISTED SECOND
MORTGAGE FUNDS BY PROJECT SPONSOR AS AN INTERIM
CONSTRUCTION LOAN IN CONNECTION WITH THE LOW DENSITY
AFFORDABLE SALES HOUSING DEVELOPMENT PLANNED;
DIRECTING THE CITY MANAGER TO REQUEST METROPOLITAN
DADE COUNTY TO CONVEY TITLE TO SAID SITE TO THE
DESIGNATED SPONSOR/DEVELOPER SUBJECT TO CERTAIN TERMS
AND CONDITIONS; AND RESCINDING PRIOR CITY COMMISSION
LEGISLATIVE ACTIONS WHICH GRANTED DEVELOPMENT RIGHTS
TO MELROSE TOWNHOME DEVELOPMENT, INC., AND THE
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY FOR
DEVELOPMENT OF THE AFOREMENTIONED PARCEL.
(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 M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
12. GRANT IN-KIND SERVICES TO GREATER MIAMI HOST COMMITTEE IN CONNECTION
WITH THE "CHALLENGER MEMORIAL TITLE PROJECT".
Mr. Plummer: Mr. Mayor, can I get a quickie in here?
Mr. Dawkins: Yes, me and you both.
Ms. Range: Yes, three of them.
Mr. Plummer: A resolution authorizing in-kind service to be provided by the
Greater Miami Host Committee designating the project known as the Challenger
_ Memorial as the Challenger Memorial Tile Project, said in-kind service related
to said project encompassing the waiver of all construction permit fees, the
furnishing of mechanical and electrical design services, line and grade and
layout and the use of a computer which this morning has been donated by UNISYS
for program design. Mr. Mayor, I move it and explain to the Commission that
the potential income to the Trust for, if this is successful, is $2.7 million
dollars to finish the Challenger Memorial and any excess would go into the
park. As I have said to you, I'm trying every way possible to get that
authority on a financial sound basis and I would move that at this time.
Mr. Dawkins: I am going to vote against the motion. I keep telling you
people over and over that everytime I look, every Commission meeting, it's
something here for the park. Every Commission meeting. Not one, and then you
tell me, which I go along with you, that you're going to make the park self-
sufficient, but you keep making the park self-sufficient at the expense of the
63 October 26, 1989
rest of the City. If you were to tell me that any money left over from this
park would go into the Parks Department general fund, then I could, perhaps,
go with it, J. L.
Mr. Plummer: Well, what I'm telling you is that this would go to the
_ Authority. Any excess funds up and above, Mr. Dawkins, I have to tell you
that unfortunately, as you're well aware, in most City projects, there is an
overrun. For example, let me just give you one example, a quick one, and that
is that unfortunately, the designer, when they designed this park, did not
take into consideration local regulations. We are now having to find
approximately seventy to seventy-five thousand dollars to accommodate the
handicapped, which should have been in the original drawings. These are some
of the areas that are experiencing the overruns. All I'm saying is, you sent
me there to do a job, to try to put it on a financial paying basis, and I feel
that this will go towards that. It's a project that's not going to be done in
= a year, it's a project that's going to be done over, hopefully, two years or
- maybe three.
Mayor Suarez: And the host committee is the entity that you're proposing
would get these waivers?
Mr. Plummer: That is correct, sir.
Mayor Suarez: But it is understood that the host committee does not acquire _
any jurisdiction over the physical...
Mr. Plummer: None whatsoever, that is in conjunction and has been approved by
the Authority.
Mayor Suarez: If I were to find out that the host committee or any other
_ private group tries to exert jurisdiction, geographical jurisdiction, over any
part of that park, I will be the first to come here and propose a special
session of this Commission. We don't want people to act as if they own the
parks. If they want to help improve them with their own monies and they want
some waivers to do something that we'd like to be done anyhow, that may, or
may not be acceptable. And, of course, as Commissioner Dawkins indicates, I'd
_~ like that money that's saved to be clearly for the benefit of all Miamians
later, and make sure that it ends up in the general fund, and not in some
_~ other project somebody else comes up with.
Mr. De Yurre: Mr. Mayor, do we have somebody...
Mayor Suarez: But at least as to the jurisdiction, I wouldn't want them to
start keeping people out of any part of that park. Yes, Mr. Vice Mayor.
Mr. De Yurre: Is there somebody here from the Trust? From the Park Trust
Board?
Mr. Plummer: I'm on the Trust Board, that's why I'm presenting it. Let me
give you one clarification, Mr. Mayor.
Mr. De Yurre: Yes, but... no, I'm talking about like from the actual board.
Mr. Plummer: I'm a member of the actual board.
Mayor Suarez: I think Rodney's here from the non-Commission members.
Mr. Plummer: Let me give you one clarification. The thrust behind this brick
program in raising the money is first and foremost to finish the Challenger
Memorial. That's the thrust. Any monies that are derived after that, will go
to the Bayfront Park Trust Authority.
Mayor Suarez: OK.
Mr. Plummer: Just for clarification.
_~ Mayor Suarez: In the process, we may actually be able to convince certain
legislators that we don't need to have another amphitheater down there and so
~: on, anyhow, anything further? Mr. Vice Mayor, were you going to ask a
question of Rodney? This turned out not to be a very simple item after all.
64 October 26, 1989
_ Mr. De Yurre: No, I just want to make sure that the bfl and has given its
approval for this for the way that its being proposed, that's all I want to
know. _
Mr. Rodney Barreto: Yes, they gave them preliminary approval. They have not
seen the resolution, it'll go back to the board, sir, prior to we proceed. -
Mr. De Yurre: OK, then we have to do this subject to them giving the final
OK?
Mr. Plummer: Of course, they have the final authority.
~ Mr. De Yurre: OK.
Mr. Plummer: Just also for the record, this has been by the Manager and he
has concurred with this resolution. -
Mayor Suarez: Well, let me just clarify the record. We have the final
authority but we're willing to presume that they will go along with it, of
course.
Mr. Fernandez: Correct.
Mayor Suarez: Anyhow, anything further?
Mr. Dawkins: Yes, one further thing.
Mayor Suarez: Commissioner Dawkins.
- Mr. Dawkins: Mr. Plummer.
Mr. Plummer: Sir.
Mr. Dawkins: Please provide me or whoever is in this seat at the first -
meeting in December with all of your plans to make the park self-sustaining so _
that I can look at them and then I can begin to fight against those that I -
don't want.
Mr. Plummer: All right, sir.
i
Mr. Dawkins: I don't want to because everytime we come, you know, we got one.
i Mr. Plummer: God forbid if something should happen in November that we don't _
~ anticipate, I'll send it to you and to the Chair.
Mayor Suarez: Call the roll on that motion, unless there's any further
questions on it. Somebody second it.
Mr. Dawkins: Yes, second.
Mayor Suarez: Thank you.
i
~ The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
t
~ RESOLUTION N0. 89-966
E
A RESOLUTION AUTHORIZING "IN-KIND SERVICES" TO BE
PROVIDED TO THE GREATER MIAMI HOST COMMITTEE;
DESIGNATING THE PROJECT CURRENTLY KNOWN AS THE
"CHALLENGER MEMORIAL" AS THE "CHALLENGER MEMORIAL TILE
PROJECT", SAID IN KIND SERVICES RELATED TO SAID
PROJECT ENCOMPASSING THE WAIVER OF ALL CONSTRUCTION
PERMIT FEES, THE FURNISHING OF MECHANICAL AND
ELECTRICAL DESIGN SERVICES, LINE AND GRADE AND LAYOUT,
AND THE USE OF THE COMPUTER, PRINTER AND PROGRAM
$ DESIGN.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
65 October 26, 1989
~ ~' _
Upon being seconded by Commissioner Dawkins, the resolution was passed _
- and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None,
13. ALLOCATE $60,000 TO JAMES E. SCOTT COMMUNITY CENTER, INC., (JESCA) - to
provide assistance in reestablishing Liberty City Child Care Center -
Authorize agreement.
Mr. Dawkins: I got a non... I got a...
Ms. Range: Mr. Mayor, I have a couple items.
Mayor Suarez: We're going to have to defer to Commissioner Range here,
otherwise...
Mr. Dawkins: OK, no problem.
Mayor Suarez: ...Commissioner Range.
Ms. Range: Yes. Mr. Mayor, I have two items that I'd like to bring. First,
I'd like to bring the item of Mr. Archie Hardwick I can't think of the name of
the item just now, but will you take the podium just a moment please.
Mr. Dawkins: Day care for... $60,000 for day care, Mrs. Range.
Mayor Suarez: Is that JESCA?
Ms. Range: Yes, day care. We need to have this clarified. There seems to be
some mistake as to how this money is going to be derived.
Mr. Plummer: Well, I'll tell you as far as I'm concerned, we told the Manager
to find it, period, Amen. Hopefully, it can come from the balance fund, the
interest of the balance fund. If it wasn't there, Mr. Manager, go find it.
Mr. Odio: No, the orders that I had from the Commission was that if we had a
fund balance of $10,000,000 that I would give them the money. So, if you want
to change the balance of the fund-the fund balance to five million and then I
can find the money.
Mr. Dawkins: Why in the hell should... no, that's J.L. Plummer, I got nothing
to do with that.
Ms. Range: Mr. Mayor.
Mayor Suarez: Commissioner Range.
Ms. Range: Is it permissible that we can reduce that to five million?
Mr. Dawkins: What? -the fund balance?
Mayor Suarez: Yes, you can...
Mr. Odio: In other words, that the fund ba... no...
Ms. Range: What do you want it reduced to?
Mr. Odio: I want the resolution that was passed before to say - it read that
I have to have a fund balance of $10,000,000 to give them the money. Now,
just say that it has to have a balance of 5 million dollars.
66 October 26, 1989
_ _ _ _..
-_ e
Mr. Dawkins: Hold it....
_ Mayor Suarez: So long as the fund balance is not less than five million is
what you're saying.
Mr. Odio: That's right.
his. Range: All right, and...
Mr. Dawkins: Let me ask a question, Mrs. Range.
Ms. Range: Yes.
Mr. Dawkins: Are you saying that we have a fund balance of $10,000,000?
Mr. Odio: No.
Ms. Range: No, we do not.
Mr. Dawkins: When we give
doing. And when we give them
Ms. Range: No, sir, no, sir,
Mr. Plummer: ...the interest
Mr. Dawkins: The interest on
no, no, no, you
$60,000, we got a
it hasn't reached
on the fund balan
the fund balance,
see, I have to know what I'm
fund balance of $9,960,000?
that point.
~e.
all right.
Mr. Plummer: Not touching principal.
Mr. Dawkins: Is the interest on the fund balance $10,000,000?
Mr. Plummer: No.
_ Mr. Dawkins: All right, then, you see, what's got me puzzled is how we get
into $10,000,000, and how do I reduce $10,000,000....
Mayor Suarez: I agree with Commissioner Dawkins, this is the most cockamammy
way of defining what we want to do that I've ever heard in my life.
Mr. Dawkins: How do I go from ten million to five and why?
Mayor Suarez: I don't remember the resolution being made that way. All
right, Mr. Manager, the resolution was passed to say that so long as the fund
balance did not go under $10,000,000.
Mr. Odio: That's what it said.
Mayor Suarez: What is the fund balance at this point?
Mr. Odio: I don't know because we're closing the year, but it will not be
ten.
Mayor Suarez: OK. Well, that's...
Mr. Odio: But, it will...
Mayor Suarez: Like every other time I've ever asked about the fund balance,
we never know.
Mr. Plummer: Whoa, whoa, let me make a motion.
Mr. Odio: We're in the closing of the year. The year ,just ended, Mr. Mayor.
Mayor Suarez: You can't answer it in the middle of the year, at the beginning
of the year, and the end of the year so it's not a...
Mr. Plummer: I make a motion at this time the $60,000 for JESCA be bought and
payable tomorrow morning at 9:00 o'clock by the Manager and its his idea where
the money comes from, period. That's it. That's what I thought we did
before.
6? October 26, 1989
i
i
t
Ms. Range: If that's possible, I'll second that motion if, indeed, it is
possible. Is it possible?
Mayor Suarez: So moved and seconded. It is clear that the fund balance will
not be under - first of all, that there is fund balance to pay for this at
least...
Mr. Odio: There will be a fund balance and it will be...
Mayor Suarez: And second of ail, to answer Commissioner Dawkins' question.
Will it still be over $5,000,000?
Mr. Odio: Yes.
Ms. Range: Yes.
Mayor Suarez: It's not that it went from ten to five by a reduction of sixty,
which is really though the implication of the way you did it.
Ms. Range: Um hum, no.
Mr. Plummer: Bad investments.
Ms. Range: All right.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Piummer, who
moved its adoption:
RESOLUTION N0. 89-967
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$60,000 FROM THE FY 1988-89 FUND BALANCE, IF SAID FUND
BALANCE EXCEEDS $5,000,000 TO THE JAMES E. SCOTT
COMMUNITY CENTER, INC., FOR THE PURPOSE OF PROVIDING
ASSISTANCE IN REESTABLISHING THE LIBERTY CITY CHILD
_ CARE CENTER; AND FURTHER AUTHORIZING THE CITY MANAGER
TO ENTER INTO AGREEMENT WITH SAID AGENCY FOR SAID
4 PURPOSE.
S
~
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
h Upon being seconded by Commissioner Range, the resolution was passed and
~
._ adopted by the following vote:
- AYES: Commissioner J. L. Plummer, Jr.
Y Commissioner M. Athalie Range
Commissioner Miller Dawkins
r
Vice Mayor Victor De Yurre
,~
`'
~i
NOES:
Mayor Xavier L. Suarez
li ABSENT: None.
Ms. Hirai: Roll call, Mr. Plummer.
Mr. Plummer: Yes.
Ms. Hirai: Ms. Range.
Ms. Range: Yes.
Ms. Hirai: Mr. Dawkins.
Mr. Dawkins: Yes.
Ms. Hirai: Mr. De Yurre.
68 October 26, 1989
Mr. De Yttrre: Yes.
Ms. Hirai: Mayor Suarez.
_ Ms. Range: All right, Mr. Mayor. Just one more.
Mayor Suarez: No....Yes.
_ 14. REFER TO MANAGER PROTEST CONCERNING SEWER IMPROVEMENT LIENS AGAINST
PROPERTY OWNED BY IDA MARIA CEVASCO - Direct Manager to purchase same
from County Tax Assessor's Office.
Mr. De Yurre: Whoa, whoa, one at a time now. You got... this is another
item?
Ms. Range: Yes.
Mr. De Yurre: Well, my turn now. _
Ms. Range: This poor lady has been sitting here all morning. I just want to
get her.
Mr. De Yurre: All morning?
Mr. Dawkins: Come on, darling.... go ahead, I don't know why we didn't do her
first?
Mr. De Yurre: OK, let's give her a chance then.
Ms. Range: All right.
Mr. Dawkins: Come on, darling. -
Mr. De Yurre: Then I got Reverend Dunn up. OK, you get over here on this
side so we don't miss out.
Ms. Range: Mr. Mayor.
Mayor Suarez: Commissioner Range has the last...
Ms. Range: We have, yes, for the...
Mayor Suarez: ...deference to you.
Ms. Range: For the time being.
Mayor Suarez: Yes, ma'am. -
Ms. Range: After lunch, I will come back with some more. All right.
Mr. De Yurre: What do you need?
Ms. Range: Mr. Mayor, we have...
Mr. Dawkins: Yes, ma'am.
Ms. Range: ... in our midst this morning, Mrs. Ida Maria Sebasco who came to
me in a very depressed mood when she received a notice from, I believe from
the tax assessor's office. I'd like to give her an opportunity to speak to
this and when she's through, I would also like to offer a motion that these
taxes be deferred until her property is sold by her consent, not by the tax...
Mr. Dawkins: So move. You don't have to listen... I move it.
Mr. Fernandez: That is beyond the scope of this Commission's ,jurisdiction or
authority. It's now in the hands of the county tax assessor who is, in fact,
in the process, from what I understand, of selling the lien. This is all...
the administration would be in a better position to explain the details,
69 October 26, 1989
~ ~
Mr. Dawkins: Who's lien is it? -the County's lien or the City's lienl
Ms. Range: City's lien, isn't it?
Mr. Dawkins: I mean, I'm asking the City Attorney, Mrs. Range, please ma'am
Ms. Range: Yes, ,yes, that's right.
Mr. Dawkins: The City Attorney, who's lien is it?
Mr. Carlos Garcia: Evidently it's the City's lien, but the City has already
sold that lien to an investor, I mean...
Mr. Dawkins: Sold it to whom?
Mr. Garcia: An investor.
Mr. Dawkins: Yes.
Mr. Garcia: And the investor is going to the County evidently to foreclose on
the property.
Mr. Dawkins: All right, how much is the lien for, Mr. Carlos?
Mr. Garcia: At the time that we sold it, it was close to a thousand dollars,
$791.00. Now, it must be much higher than that.
1
Mr. Dawkins: I follow Mrs. Range's recommendation that we refer this to the
Manager and the Manager find the money, go down there and buy the lady's
property and we place a lien on her property. We got enough homeless people
in Miami without creating another one. So move.
Ms. Range: I'll second.
Mayor Suarez: Moved and seconded. Any discussion? Commissioner Plummer.
Mr. Plummer: Wait a minute, I'll go along with that with the proviso that at
such time as that property is sold, that the City is reimbursed at the going
rate of interest.
Mr. Dawkins: That's right, plus interest, yes. I accept that, J. L.
Ms. Range: But we must also protect Mrs. Sebasco so that the property is not
sold during her lifetime for liens. That's what she's interested in. She
needs somewhere to live out the remaining days of her life.
Mayor Suarez: We can't protect her for her lifetime.
Mr. Dawkins: We can't protect her from life...
Mr. Plummer: Not into the future.
Ms. Ida M. Sebasco: May I - May I speak.
Mayor Suarez: We can't protect her as to future taxes. This is only as...
no, ma'am, no, this is going to complicate it if you get into it. It's bad
enough that we're totally out of order here. Commissioner Range, it looks
like we can solve as to the existing lien, but not any future liens on any
future taxes. That's the best we can do. I mean, so that she won't lose her
property. She's got to figure out a way to pay her taxes otherwise sell her
property in the future.
Ms. Range: But these are sewer liens. These are not real estate liens.
Mr. Plummer: We're going to buy that. We're going to buy that one.
Mr. Fernandez: What I understand the motion to be is that we will make sure
that the existing lien is removed because the City will redeem it. However, ~_
then, the City has a right to go in and place its own lien on this property so
that when if it's ever sold by whomever, the City would recoup the money its
paid for it.
70 October 26, 1989
~ ~
Ms. Range: Yes.
Mr. Dawkins: That's right.
Mayor Suarez: Entirely correct.
Mr. Plummer: At the regular rate of interest.
_ Mayor Suarez: All right, any further discussion? If not, please call the
roll. I'd hope that the Manager would figure out a way to have these items
not reach the Commission at this level, my God. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION N0. 89-968
A MOTION ALLOCATING THE AMOUNT OF $2,353.88 FROM
SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF THE CITY'S HOMELESS PROGRAM; FURTHER
APPROVING THE PAYMENT OF SAID AMOUNT BY THE CITY'S
FINANCE DIRECTOR TO THE TAX COLLECTOR OF DADE COUNTY
IN ORDER TO FACILITATE THE DISCHARGE OR SATISFACTION
OF THE SEWER IMPROVEMENT LIEN AND/OR OBLIGATION
EXISTING IN REGARD TO CERTAIN REAL PROPERTY OWNED BY
IDA MARIA CEVASCO.
Upon being seconded by Commissioner Range, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Odio: I didn't know it was coming here.
Mayor Suarez: And that the Commissioners would refer to the Manager these
items.
Ms. Range: Well, it's on the agenda. It wasn't a pocket item.
15. ACCEPT PLAT: "ALANDCO SECTION ONE" SUBDIVISION.
Mr. Dawkins: I got another one.
move nine, please.
Mr. De Yurre: Second.
Number nine. It's noncontroversial, I'll
UNIDENTIFIED SPEAKER: That was 13, it wasn't...
Mayor Suarez: Moved and seconded.
Mrs. Sebasco: Excuse me, you mean to tell me I wasn't...
Mayor Suarez: Ma'am, ma'am, ma'am, you're out of order.
Ms. Range: She doesn't understand...
71 October 26, 19$9
Mayor Suarez: Carlos, please, explain to her what we've done. We can't
possibly do more except...
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION N0. 89-969
A RESOLUTION ACCEPTING THE PLAT ENTITLED "ALANDCO
SECTION ONE", 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.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
16. REFER TO MANAGER TO RECOMMEND ON THE FOLLOWING: (a) Request by Rev.
Richard Dunn to have the City purchase Drake Memorial Baptist Church
property at approximately N.W. 58 and 59 Streets and N.W. 2 Avenue - to
develop property for housing; and (b) Request for a $125,000 mini-UDAG
loan plus a $15,000 grant to provide day care in said area - Request
Manager to make recommendations by next meeting.
Mr. De Yurre: My turn. We have Reverend Dunn here from Drake Memorial
Baptist Church and he has been going through meeting with the different
departments in the administration and I think that Mr. Hepburn is here also
from the Housing Department. They are proposing to sell the land on which the
church sits on at this point in time to the City for housing. And I would
like him to go ahead and give us some details on that and get some input from
Mr. Hepburn.
Reverend Richard Dunn: OK, I'm going to ask, Mr. Mayor, if Mr. Gary can speak
in behalf of the situation.
Mr. Plummer: Oh, oh.
Mr. Howard Gary: Another one of my community activities drafted. Basically,
the church, Reverend Jeris Dunn - Reverend Richard Dunn - have been looking at
addressing the housing and the unemployment and in the day care problems that
exist within the Liberty City, Edison and Little Haiti areas. What they are
proposing is that they have currently now vacant land as well as land for
which the church sits on that they are proposing to sell to the City for
housing under its housing program. Use the proceeds of that to buy another
piece of property to provide day care services for the residents in that area.
If you look at the letter that was sent to you by both Reverend Dunn's, you'll
see that the property is located on 58th Street and N.W. 2nd Avenue. On one
side of the street, there is 1.4 acres of land which encompasses the church,
then there's almost another acre of land across the street which is vacant
which they are proposing to sell at the appraised value which - they have a
current appraisal, they have no problem with the City doing another appraisal
and whatever that appraised value is, they would sell it without any markups.
72 October 26, 1989
They'd like to use those proceeds to then purchase, on N.E. 2nd Avenue, a -
larger piece of property which is in the heart of Liberty City, Edison and
Little Haiti encompassing the whole area to provide day care services,
expanded day care facilities, for people in that area to assist them.
Mayor Suarez: Is it - Howard, let me interrupt you...
Mr. Gary: Yes.
Mayor Suarez: ...is this something that the Manager and relevant departments
have looked over and should we not just refer...
Mr. De Yurre: It is my understanding that they have.
Mayor Suarez: It sounds to me like we should refer this to them. You're
looking for a miniUDAG grant, right?
Mr. Gary: Additional miniUDAG.
Mr. Plummer: Well, they're looking to buy property also. This should be
referred to the Manager.
Mr. Herb Bailey: We have reviewed the letter.
Mr. Odio: I had the letter and the staff reviewed it. I think they can...
Mr. Bailey: We've reviewed the letter in regards to the purchase of the land.
- We°ve discovered that the land is zoned commercial. However, we have been
told by the Planning Department that it is suitable for housing and, I guess -
if we build apartments on it. We don't normally build apartments, but for the
use that we normally put land into, it is suitable. On the other hand, the
problem we have is that the money that we were using to purchase scattered
sites is all out. We just don't have the money. If, in some way, we can find
the money to purchase this land, we can make use of it for the City.
Mayor Suarez: But it would be for some kind of affordable housing project.
Mr. Bailey: It would probably put us into building a rental unit because it's -
zoned CR-2. =
i
A
Mr. Plummer: I would send this to the administration. You know, if you're
telling me you have no money, I guess we really don't even send it to the
administration.
Mr. Bailey: We don't have it and the money that was allocated to us for
scattered sites, we've just about expended all of that. I'm not making any
commitments for any other money that you may come up with.
Mr. De Yurre: OK, well let me make this motion then. Let's send it back to
the administration and to look for possible alternatives where the funding
could be obtained from and to come back at the next Commission meeting with a
recommendation.
Mayor Suarez: And give it high priority. I think it's the intent of your
- motion, give it high priority with a CDBG funding cycle that's beginning now
and will end in July, if there's no other place to obtain it before then. _
-j But, I guess your motion is that we should look for some capital funds that we
could use before that time.
Mr. De Yurre: Ideally, so we can move on.
Mayor Suarez: OK, so moved.
Mr. Plummer: I'll second to send it to the Manager.
r
Mayor Suarez: Second. Any discussion? If not, please call the roll.
73 October 26, 1989
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION N0. 89-970
A MOTION REFERRING TO THE CITY MANAGER REQUEST
RECEIVED FROM REVEREND RICHARD DUNN, OF DRAKE MEMORIAL
BAPTIST CHURCH, TO HAVE THE CITY PURCHASE THE CHURCH
PROPERTY (AT APPROXIMATELY N.E. 58TH AND 59TH STREET
ON N.W. 2ND AVENUE) IN ORDER TO DEVELOP SAID PROPERTY
FOR HOUSING; FURTHER DIRECTING THE MANAGER TO TRY TO
IDENTIFY THE NECESSARY FUNDS TO PURCHASE SAID
PROPERTY, AND FURTHER REQUESTING THE MANAGER TO COME
BACK BY THE NEXT COMMISSION MEETING WITH
RECOMMENDATIONS CONCERNING THIS PROPOSAL.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: What time are we coming back?
17. DISCUSS AND TABLE ISSUES CONCERNING PROPOSED METROMOVER EXTENSION (See
label 32).
_~ Mayor Suarez: Two-thirty from the County Manager's office or from the
transportation... what was the issue that you were here on? It was one of the
items on the agenda? Item 20, was it, Victor? Who had requested -
Commissioners, who had requested the item or was it our own administration
that had requested the item on the Metromover...
Mr. Plummer: I thought number 21 was...
i
{ Mr. Jorge Fernandez: Number twenty.
~ Mr. Odio: Yes, it's item 20.
I Mayor Suarez: Commissioner Dawkins, did you....
i
f Mr. Dawkins: Twenty or two....? Let's see, what is twenty? I don't know
s whether...
Mayor Suarez: Because they've been waiting here to testify, presumably and
give us an update as a discussion item...
Mr. Dawkins: No, it's not me.
Mayor Suarez: Does anybody know why this item was on the agenda?
Mr. Elbert Waters: Yes, what... Good afternoon, Mr. Mayor, members of the
Commission. The administration had submitted this item to be placed on the
agenda for discussion purposes. We have been meeting intensively with Metro-
Dade County and it's staff in terms of its plans for the development of the 12
Metromover stations underway. There are a number of items that the County is
asking that the City at least set some policies on with regards to a few of
the stations. The County Manager's office...
Mayor Suarez: What input do we need at this point before we break for lunch
from the County?
7k October 26, 1989
~.
- Mr. Waters: Well, the County would be needing from the City certain policies
from this Commission, i. e. number one...
Mayor Suarez: Well, what input do we need procedurally from the County -
otherwise they don't have to come back after lunch, do theyl Now, please,
please, Archie, let's just see if we can solve this problem. Now, what is the
reason that this item is on the agenda and the reason that I've been told that
the County officials must get back to whatever it is they're doing, if any?
Mr., Waters: OK...
Mayor Suarez: And if not, we're going to take - adjourn at this point.
Unless you come up with a very damn good reason why we should handle this at
-_ this point, we're going to adjourn until 2:30. What is the good reason why we
should be handling this at this point? What input do we need from the County
before they leave? Do we need them at a111 Do we need the item at all?
Mr. Waters: Well, we need the item, yes, sir, Mr. Mayor. There are five -
issues that are before us today. Number one, with regards to the station
locations, there is one station which is called the Bicentennial Park station.
Mayor Suarez: All right, I got the drift. We'll be back at 2:30 with or
without the County. Thank you.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:25 P.M. AND RECONVENED AT 2:44 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS DAWKINS AND RANGE.
18. PRESENTATION: VISITING STUDENTS FROM SISTER CITY COUNTRIES.
Mayor Suarez: We are pleased and proud to have with us, Mr. Manager, forty-
two students, seventeen of which are from our sister cities in Spain, Chile,
Dominican Republic, France, etcetera and two students from Compeche, Mexico,
four from Italy, and the conference is sponsored by the Dade County public
schools, and if you want to take about a quick half minute to say something,
Angie .
Ms. Angie Fleites: We're very pleased to have all of these students here
~ hosted by our Dade County public school students; seventy-three students in
all. The foreign students represent twelve countries in the world, Austria,
_. Denmark, Italy, Spain, France, Germany, Brazil, and a few others. They're
going to be going through a number of different activities, conference
activities, for the next week and-a-half, including many that the City of
Miami has graciously sponsored and helped us put together through Virginia
Godoy. And the school system is very proud to have this group here and to
have the opportunity to encourage this participation between the different
sister cities of Miami and the different countries in the world to foster
peace and our understanding and harmony and all those wonderful things that we
like to foster.
Mayor Suarez: Well, its appropriate for us to give a certificate of
appreciation to yourself on behalf of Dade County Public Schools,
International Student Conference, and if they would like to take a picture,
they could line up here and we'll use the wide angle lens. I wish I had a
frame for you or something with your own name, at least, on it. Oh, that's
good. Angie, Ms. Fleites, are the other students host students for them?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Thank you, gracias. How do you say thank you in Portuguese?
Commissioner Range you had.... thank you, Angie, and congratulations for this
fine program.
Ms. Range: Hello, hello. Yes, I'm on.
75 October 26, 1989
Mayor Suarez: She doesn't light up green for some reason.
19. APPROVE, IN PRINCIPhE, REQUEST BY MIAMI HEAT COMMUNITY FOUNDATION - for
donation of City land to be used for construction of a community
athletic complex at Gibson Park.
Ms. Range: Mr. Mayor and fellow Commissioners, this is a - very good - this
is a pocket item that I'd like to have discussed. The Miami Heat Community
Foundation proposal, which some months ago came to this Commission for the
permission of using the Gibson Park land as the site of its improvements for
the area. I'm sure you're familiar with what I'm speaking of. They are here
today and wish to make a short presentation to you. Would you allow them to
come forward at this time, please?
Mayor Suarez: Please do.
Mr. Reginald Richardson: Good afternoon, Reginald Richardson is my name,
- ladies and gentlemen of the Commission, I'd like to make a presentation on
i behalf of the Miami Heat Community Foundation as regards Gibson Park. I've
given the proposal to all the people. Basically what it is, is that in May,
the Miami Heat offered to build a center in Gibson Park. Around September
12th, we received a letter which you have a copy of from the City Manager
outlining some things that we would like us to do in order to get the park.
We've now done those things and we're coming back now for a resolution that
would let us go forward and allow me to commit the funds that I need to, to
now do the blueprint of that park and start to sort of build the things that
we want to build on it. I don't have an easel, but I think everyone's seen
the finished drawing. What it is, you've got this in your little copies
_ there. What it is, is that here we have a indoor swimming pool complex. We
have an NBA gymnasium, we also have a boxing ring in this particular part of
the building. There's a second floor for classrooms which can be utilized for
either computer training, tutoring, any other thing we would want to do; dance
classes, jazz classes, music classes, whatever the residents of that area
would want, we would do.
Mayor Suarez: How many square feet of classroom space? Or how many
classrooms or for how many people?
Mr. Richardson: Well, that's the blueprint that we don't have yet.
Mayor Suarez: Whatever measure you want...
Mr. Richardson: We don't know how we're going to exactly make...
Mayor Suarez: OK, it would be the upstairs of...
Mr. Richardson: It would be the upstairs of this facility and...
Mayor Suarez: The downstairs of which is for what? - for...I
Mr. Richardson: The downstairs of which is for the basketball gymnasium and
the boxing ring. We also have the capabilities of putting an upstair in this
runway here which is for the office spaces. So, we can work around that. The
theory is that...
Mayor Suarez: The office spaces?
Mr. Richardson: Office spaces will run along this...
Mayor Suarez: Office spaces for what?
Mr. Richardson: For the Boys Club. We've asked the Boys Club to come in and
- be the managing agents for this. They've contracted with us to do that. They
will fund themselves at no cost to the City for staffing or for maintenance of
- it at this point in time. We chase the Boys Club because they have a long
running track record of doing this type of thing. We've also had dialogue
with the YMCA and FCAA. The YMCA could not. take part because they didn't have
76 October 26, 1989
the funding. FCAA did not want to take part so we turned to was the Aoys Club
and they were very responsive to us coming in.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
_ Mr. Dawkins: I told them, I'm going to tell you and the Commissioners, I love
_ the concept, I'm appreciative that they're desirous of doing something. I am
not going to vote my vote for the Boys Club to come in Overtown and run
nothing. I think that if we are going to use the City of Miami's park land,
it's no more than right that the City of Miami Park and Recreation Department
be responsible for the maintenance, operation and programming of a park that's
already existing which the Heat intends to enhance.
Mr. Richardson: May I answer, please?
Mayor Suarez: Well, I don't know what action the Commission intends to take
on this item, which is not at this point, even on the agenda and with respect
to Commissioner Range, we have considered it, but I have a lot of the same
concerns. In other words, are you saying that a precondition of this effort
would be to have a particular organization, specifically the Boys Club, as
much as I respect Mr. Blanton, and have a good longstanding relationship with
him, that, that is a precondition of what the Heat wants to do in that areal
Mr. Richardson: Well, that's the initial statement that was made by the Heat.
We would build it. We then got a letter from you, from the City dated
September 12th, asking us to tell how we would manage it, how it would be
maintained.
Mayor Suarez: Yes, we are very concerned about the operations and not to add
to the operations of our Parks and Recreation Department, obviously.
Mr. Richardson: OK, fine, well then, we went out and contacted the agencies
- that we thought would manage it; realizing that this is not a City project,
it's a privately funded project. We went out and talked with the private
people that we thought had the best track record, and the Boys Club has had a
very long dialogue with Father Barry, Father White, who is here, and also
~I Reverend Nivens who is here. We've set down and we've gone through all the
ins and outs about the programming. We intend on forming a board that is
' housed by these ministers. Can I just finish, sir? That is housed by these
j ministers and that would be the entity that would tell the Boys Club what to
do. So, we've satisfied what we were asked to do as of your September 12th
letter which was to find someone that could manage it and also speak to the
maintenance of it and we've...
Mayor Suarez: Well, you know, you've almost right away given away right there
in your statement, a different way of handling this which is to say we would
select a community board of active people in the community, including some of
the ones you've mentioned, and let them select an agency to operate facility
or, as Commissioner Dawkins is suggesting, maybe they would say, you know, why
don't we use the City's own Parks and Recreation Department) And in the
process, maybe avoid some duplication. I don't know. I'm just hoping that we
don't have to make that decision today because I have not thought about that.
I have not taken any input from some of the people in this room whom I respect
a great deal. Unless Commissioner Range is going to propose a vote on that
issue, I would hope that you would not include that as part of what you need
today.
i
j Mr. Richardson: Well, then, I can...
s
? Ms. Range: Mr. Mayor, may I just, please, just a moment. It was my
.~ understanding that the group would be coming before us simply to discuss the
site. It was not my understanding that that decision would be made even
though you mentioned to me that you had spoken with the Boys Club. My intent
in bringing it to the Commission today was for the purpose of deciding on the
site.
i
Mr. Plummer: Well, maybe it would be in order at this time to thank them for
s coming here this morning, and to turn it over to the Manager to sit down with
them and to work out the particulars, keeping in mind the - I haven't seen the
resolution.
77 October 26, 1989
lA6i9 iR
Mr. Dawkins: OK, would it be in...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins:. Would it be in order, because I've told this to him from the
very beginning, see, that I would not vote for this for the Boys Club to run
it. I've said that from day one. This is nothing new that I'm saying. Now,
would it be in order that since Mrs. Range is leaving, that we appoint Mrs.
Range as the person whom they work with and the preachers over there, of
course, I respect them and Mrs. Range can come back. They can meet with her _
and then they can come back, but I'm j ust one vote . But I told you when we
first sat down, sir, that I would not vote for the Boys Club.
Mr. Richardson: Sir, you know, you've...
Mr. Dawkins: I said that, that was mel
Mr. Richardson: You did say that and I told you also at that time that we
would have to have someone who had the capabilities of funding that particular
program. At that time...
MR. Dawkins: Well, then why - OK, then, wait now, let me cut you off right
here then.
Mr. Richardson: Go on.
Mr. Dawkins: If you were going to do that, then you're building me a "white
elephant" You're putting something over there and telling the Heats are
telling me this is for your benefit, now you find out how to run it.
Mr. Richardson: No, that is exactly what I am not telling you, sir.
Mr. Dawkins: That's what you just told... That's what you're telling me, sir.
Mr. Richardson: I have - no, it isn't, sir, I have brought to you the agency
that can run it. Now, you may not like that agency, but I am in no way saying
that the City should run it. I have brought to you...
Mayor Suarez: Do you have any problem with the proposed procedure....
Mr. Dawkins: No, wait a minute, wait a minute, Mr. Mayor. Well, who's going
to fund it?
Mayor Suarez: I'm following your...
Mr. Dawkins: Who's going to fund it7
Mr. Richardson: The Boys Club will fund it.
Mr. Dawkins: Will fund the total program.
Mr. Richardson: Will fund the total program.
Mr. Dawkins: All right, do the Boys Club have another facility that they can
fund?
Mr. Richardson: The Boys Club has many facilities, sir.
Mr. Dawkins: Well, then, let's take it to that. Then, let the City of Miami
go ahead and refurbish Gibson Park.
Mr. Richardson: Well, that's not what the initial proposal was, sir.
Mayor Suarez: Well, do you have any problem with the Commission resolving, in
principle, in favor of your project, in favor of the site and, obviously, that
{ will lead to your expending additional monies to design and whatever other
next steps are going to be. And by the way, I have at least one more question
on the design and the usage of the property, but with the understanding that
we are going to select the entity that will operate it and we'll, of course,
will do that in consultation with you. We'll do that in consultation with the
'' community primarily but with you also, because you're putting up some dollars.
78 October 26, 1989 `-
Mr. Richardson: Mr. Mayor...
Mayor Suarez: Or is that a precondition of your presentation and your offer?
Mr. Richardson: I don't want to make it a precondition, but that
substantially changes the tone and tenure of this offer. This was not an
offer to simply redo a City park so that the City could have a redone park.
This was not a offer to simply, you know, put in five million dollars worth of
capital and have the City come and just run it. That was not the Heat's
purpose for doing this. The Heat's purpose for it doing this was to build a
center and then find a managing agent that could come in with some structured
programs. Now, I'm not saying anything negative about the programs that the
City runs now. I'm just saying that in my mind's eye, this is a substantial
change from what we had talked about earlier and given that change, then, you
know, I cannot say that I can commit the type of funds that we need to go on
to step two until this issue has been resolved.
Mayor Suarez: OK, so at this point, chronologically, it's almost a
precondition and we may have to defer it. I'll tell you this, one other thing
that we don't want to make sure it is not. We want to make sure it is not
simply a solution to the Miami Heat having a practicing gym.
Mr. Richardson: That, that...
Mayor Suarez: You said what you said and I'm going to say what I'm going to
say.
Mr. Richardson: Yes, sir, OK.
Mayor Suarez: The Miami Heat probably needs to have a gym in which to
practice indoors, and they're not going to use the Miami Arena because there's
too many practices involved and so on, and we'd love for them to build one,
we'd love for them to do it in Overtown. And, you know, in any other
circumstances, they would have to do it anyhow probably and they would have to
buy their own land and it would not be on City land. So, if it's going to be
on City land and if it's going to have - because that is one of the purposes,
you've admitted that and we're pleased that you have been very upfront about
that. If it's going to have some other additional benefits to the City, we
want to be very careful in what those are and then, of course, as to the
operation, we want to have a say as to who will operate it. I'm not prepared
today to vote - to have the Boys Club operate it. I don't know enough - I
know about Mr. Blanton's operation because I've cooperated with him on some
other things related to the Christmas trees and related to some other things
that they do in the City, by the way, they do a very good once a year Olympic
program. But, you know, I'm not prepared to vote because I don't know what
the community wants to do as to who would operate it, and I'm not so sure that
I disagree with Commissioner Dawkins that the City maybe can operate it. I'm
also concerned when we get to the issue of layout, what those offices are that
you're talking about for the agency that will operate it. If it were the
City, I can't imagine that we would need any offices there except, you know,
for maintenance equipment and so on. You know, we've got many, many offices,
or we might decide that it's just the ideal place for us to move some of the
people that we're moving from another facility that we just sold to the
medical center, which happens to be parks and recreation related.
Mr. Richardson: OK.
Mayor Suarez: So, you know...
Ms. Range: Just before we go any further, Mr. Mayor, I want to have it clear
on the records that the only reason I brought this to the Commission was for
the securing of the land. It was not brought for the purpose of deciding who
would run it or what the differences are there.
Mayor Suarez: Very good.
Ms. Range: So I want that spread on the record.
Mayor S~xarez: And, by the way, before the presentations are over, I would
like, as long as I see Irvy McKnight there, and if he is in support of the
concept and if he is acting in any way on behalf of the Urban League, it would
be interesting to have that on the record.
79 October 26, 1989
Mr. Richardson: OK, can I make one final statement, sir? The statement that
the Foundation made from day one is that the building of the Miami Heat
- practicing in this center is not a prerequisite to it being built at all. I
will say that now. The Heat does not have to practice here. We will build
this center assuming we can work out all these various dialogues, even if the
Heat has to go some other place. That's been a statement that I've made from
the first presentation, so to the extent that we can resolve those issues, we
- can go forward, but I cannot say that we're going to commit funds just to redo
the City park and then let the City run it. That was not the general thought.
Mayor Suarez: Anything further from any Commissioner on this? If not, I'll
entertain a motion as you had suggested, Commissioner Range.
Ms. Range: Mr. McKnight.
Mayor Suarez: You're not on behalf of the Urban League, Irvy1 I just wanted
to clarify that.
Mr. Erbie McKnight: No, I'm not.
Mayor Suarez: OK.
Mr. McKnight: I'm Irvy McKnight, 224 N.W. 12th Street. I'm here in support
- of the project for Overtown. I understand that there are questions concerning
the delivery of services for this project. I'm in agreement with Commissioner
Dawkins' suggestions that if we need to resolve those matters, then that we do
so. And will support the reservation for these matters. However, we do want
this center. Our community needs the center. Our youth want this center and
- I'm here today representing them in behalf of obtaining the center. But if
there are problems with the delivery of service, in Overtown, delivery of
service is a major problem for us who live there. We don't get any. So, if
we need to work that out, then I am for working out delivery of service.
Mayor Suarez: Very good.
Mr. Richard Sepler: Mayor, may I just make one statement, please? -
Mayor Suarez: Representing who, sir?
Mr. Sepler: The Boys Club. My name is Richard Sepler, I represent the Boys
Club and I'd like to...
-~ Mayor Suarez: You know, I have to tell you, unless a Commissioner wants to
hear the particular position of the Boys Club at this point, I'm going to
' close off debate. I don't know if the Overtown Advisory Board - I see the '
chairman here - wanted to make any kind of a statement. I presume that the -
questions we have asked reflect your concerns.
Mr. Bill Perry, Jr.: Ye, sir, I'm not representing the Overtown Advisory
Board, just Bill Perry, a member of the community. I...
Mayor Suarez: Well, the reason I introduced you is because I assumed that you
were here on behalf of the Overtown Advisory Board.
Mr. Perry: OK, Overtown Advisory Board. We support the concept. I'm going
i to get my word in one way or the other. We support the concept of the
3 facility that's under question being constructed in Overtown for all the
reasons that Irvy mentioned. However, we have some concern about giving away
City property such as Gibson Park without a public hearing. Although we
support the idea and the concept, we think and certainly believe that people
in this community need to have some input when you start talking about giving
away scarce City property that happens to be a park to a profit, for profit,
group.
Mr. Plummer: Well, just for the record
giving away any City property.
My vote will not be predicated on
Mr. Jorge Fernandez: Correct.
Mr. Richardson: We wouldn't be asking for that, sir.
80 October 26, 1989
Mr. Plummer: We will not be giving it away.
Ms. Range: No?
Mr. Richardson: Sir, that's not what we're asking for. We're not asking for
.= the ownership at all.
Mayor Suarez: Yes, and not today's...
Mr. Plummer: OK, I'm just clarifying the record.
Mayor Suarez: Actually, as of today, what we are doing is approving in
principle, your participating with us in the enhancement of that property with
the general uses that you've depicted there and I was going to ask one more
question about the offices, but I guess I interrupted the gentleman from the
Boys Club and as long as we've heard from Dr. Perry in every possible
capacity, we ought to hear from you.
Mr. Sepler: Mr. Mayor, I didn't come here today to advocate the Boys Club. I
came here to tell you...
Mayor Suarez: You're going to speak against the Boys Club?
Mr. Sepler: I'm not going to speak against the Boys Club. I'm here to speak
for the project.
Mayor Suarez: Very good.
Mr. Sepler:...which is sorely needed for the community. If it requires the
Boys Club to step aside, we step aside. Get the project built for the
community, that's the most important thing. We have no vanity, we have no
pride, we have no self-interest at all. We are solely here to help this
project come into being. Out of total unselfishness, if it is the will of the
Commission that the Boys Club not participate in the management, we won't
suffer as a result of that. We want the community to have the project. We
wholeheartedly support the project, whoever the Manager is.
Mayor Suarez: We got you. Appreciate your statement and your offer. The
Boys Club has done many, many good things in our community. Commissioners,
anything further?
Ms. Range: Mr. Mayor.
Mayor Suarez: Commissioner Range.
Ms. Range: Mr. Mayor, in view of the fact we did bring this item for the
express purpose of selecting the site and it has been clarified that the site
is not being deeded or given over...
Mayor Suarez: Correct.
Ms. Range: ...it remains City property, I think it only fair that we have a
resolution to that extent. That we do or do not...
Mayor Suarez: No, problem, I'll entertain a motion to that effect.
Ms. Range: All right, I'll make the motion.
Mr. Dawkins: What's your motion, madam?
Ms. Range: That we allow the Gibson Park to be used for the purpose of
building the improvements as shown by Mr. - what is your....?
Mr. Richardson: Richardson, Reginald Richardson.
Ms. Range: By Attorney Reginald Richardson.
Mr. Fernandez: Mrs. Range...
Mr. Plummer: Assuming that all other conditions are met...
Mr. Fernandez: Yes.
i
81 October 26, 1989
Mr. Plummer: ...and agreeable to the Commission.
Ms. Range: Yes, by all means.
Mr. Dawkins: Second.
Mr. Richardson: Can I add something to that resolution?
Ms. Range: No don't ask nothing son, that's all you're asking for.
Mayor Suarez: And, once again, clarifying, if I may, Mr. Richardson, that
there's no vesting, Mr. City Attorney, in other words...
Mr. Plummer: No.
Mr. Fernandez: Well, I'm concerned about the issue of...
Mayor Suarez: At this point, there is no vesting, it is in principle.
Mr. Fernandez: Correct, it is in principle.
Mayor Suarez: And, for myself, I know I want to look at the layout a lot more
closely. I didn't know that there were any offices planned and I'd like to
know what those offices are for. I'd like a minimum of offices, by the way,
as long as it's my opportunity to give you some input on that and hopefully,
the rest of the Commissioners will go along with that. And have very active
use of all the square footage there. We don't want to provide a bunch of
bureaucratic facilities there at all.
Mr. Dawkins: And my remarks are not anti the building and the program. I
said from day one it couldn't be put in a better place, it couldn't be used
better. But, if you want my honest opinion, you tell me that the Boys Club
will raise the money. I can't understand why that's the only entity that can
raise the funds when you have people like Dwight Stephenson, Nat Moore, and
others who might be able to form a company - a corporation, or something, to
head the organization. That's my own....
Mr. Richardson: Can I just add, sir, to the extent that the reso is passed...
Mr. Dawkins: No, let's hold it.
Mayor Suarez: I...
Mr. Richardson: ... it is different in kind than what the initial concept was
and, at this point, we have satisfied, in essence, what the letter of -
September 12th asked us to and we are, at this point, ready to go forward
~~ based upon that particular letter so we cannot commit funds at this particular
point in time until these issues have been taken up by the committee or
whatever way you sort of want to do it.
Mayor Suarez: By the way, that was my clarification with the City Attorney.
I just wanted to make sure you understood that there is no reliance to be -
placed on the action today in terms of your further expenditures, except at
your own risk, of course, and you've, I'm sure, have incurred quite a bit -
already so I mean it isn't like you haven't incurred any....
Mr. Richardson: Yes, we have.
Mayor Suarez: ...but we're not expecting later to be charged for anything if
we by any chance should change our minds. I can't imagine that we would but
we have not deeded any property, we have not proposed that you have any vested
rights to build anything there until we have approved a lot more specifically
what's going to be built there and who's going to operate it. That's what...
Mr. Richardson: OK, so then we're then waiting for your committee that you're
going to form....
Mayor Suarez: I would think that we would have a full fledged public hearing
on it with all the specifics and...
Mr. Richardson: We're waiting for... OK, well, we're waiting for you then.
82 October 26, 1989
Mayor Suarez: But you know what we may need and hopefully, you can provide
it, if not, I don't know what we'd do. We may need more specif icity on the
design. We'll have to see.
Mr. De Yurre: Mr. Mayor, one thing I'd like to know is...
Mayor Suarez: For myself, I would want more. Yes, Mr. Vice Mayor.
Mr. De Yurre: Do you have an estimate what the cost would be to run it on an
annual basis?
Mr. Richardson: No, I think that's something that the Boys Club may be able
to sort of answer.
Mr. Fernandez: Tentatively, we have prepared a resolution which you would
like to..,
Mr. De Yurre: Hold it, let me hear this. Go ahead, sir. Excuse me, go
ahead.
Mr. Sempler: Based upon our experiences in similar parks, we operate four
facilities in Dade County to date, we estimate an annualized expense of about
$500,000.
Mr. De Yurre: OK. And where would those funds be coming from?
Mr. Sempler: They'll be coming from user fees similar to the fees charged by
the City of Miami for use of its facilities. From contributions, private
contributions and from United Way, the same way that we fund the other four
facilities. We operate S.W. 32nd Avenue and So. Dixie Highway, the Northwest
Club on 111th Street, Flamingo Park in Miami Beach and presently K-land.
Ms. Range: Mr. Mayor...
Mr. Odio: Excuse me one, because one thing that T told Mr. is that I
didn't want anybody being charged a fee for use of that facility.
Mr. Richardson: No, there would be no fees charged.
Mr. Odio: You better clarify that.
Mr. Richardson: If the...
Ms. Range: Mr. Mayor...
Mr. De Yurre: No, but let me finish this concept here.
Mayor Suarez: OK, now the clarification is on the record from the Manager as
to the charging of fees. If you're finished your questioning...
Mr. De Yurre: Well, I just want to make sure, is the Boys Club saying at this
point in time that they would run the program fully at no cost to the City?
So I understand where we're at.
Mr. Sempler: That's our understanding. We anticipate in that instance that
we will be going to the community for funding as we have in the past with our
fundraisers. We are a nonprofit corporation that operates at the behest of
the community. United Way supports us in thise$deavor, has given us the go
ahead to try to put this together. We have no income other than what we raise
ourselves from our own charitable interests and from the United Way.
Mr. De Yurre: OK, and as far as that $500,000 you're talking about, would the
Heat be in a position to help contribute on an annual basis towards meeting
that cost?
Mr. Richardson: Na, sir, that was not part of the plan.
Ms. Range: Mr. Mayor...
Mr. Richardson: Our primary focus was to donate the roughly three and-a-half
to four and-a-half million to have it built.
83 October 26, 1989
Mayor Suarez: Yes, the answer's no
Mr. Richardson: No, the answer is no.
Ms. Range: ...withdraw this doggone item.
Mayor Suarez: OK, Commissioner Range, any final statement on what is before
- us.
Ms. Range: Mr. Mayor, I think all of this is completely out of order. I
explained why this was brought to the Commission for the express purpose of
deciding on the site. All of the other information that is being volunteered
was not a part of this intent today and I do have a motion on the floor...
Mr. Dawkins: I second it.
Ms. Range: ...unless we can act on that motion, then I would be willing to
withdraw this and have it all stricken from the records because it's going
into areas that we had not planned or not prepared to discuss at this time.
Mayor Suarez: Yes and the clarification, of course, as to what we're not
approving is important nevertheless because one of these kinds of resolutions
seem to have a life of their own afterwards and I'm glad that we've made all
of these clarifications. Anything further, Commissioners?
Mr. Dawkins: The motion was...
Mr. Plummer: No, I... Mr. Mayor, please...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: ...the only proviso I want to put in there so we don't get into
a problem later, that we approve this in principle no later than June the 1st
'- of 1990. So that after June 1st, 1990, if you haven't done something, this
- Commission has no obligation to hold some other project that might come in.
So I dust want that as part of the motion.
Mr. Richardson: Can I clarify that? After June 1st, 1990, I need to do what?
Mr. Dawkins: Second. Call the...
Mr. Plummer: No, you don't need to do anything.
Mayor Suarez: No, the Commission is on record from now until June of 1990...
Mr. Plummer: Approving in principle this site until June 1st, 1990.
Mayor Suarez: Unless another resolution of this Commission itself, would
invalidate that, that's the duration that he is adding as an attachment to the
motion made by Commissioner Range and I guess both of you accepted?
Mr. Richardson: Can we move that date forward some? I mean, that's another
eight months...
Mr. Plummer:
Mr. Richardso
Mayor Suarez:
Mr. Plummer:
Mayor Suarez:
Mr. Plummer:
No, sir, you don't want to move it forward.
n: ...eight months a day.
You don't want to move it forward.
It's against your best interest.
All right, we have a motion - do you accept that mod ification7
No later than.
Ms. Range: Yes.
Mayor Suarez: We have a motion and a second. We understand what we mean, I
think. If not, if there's no further discussion, please call the roll.
84 October 26, 1989
Mr. Fernandez: The motion is again, Mr. Mayor....
_ Mayor Suarez: The motion is t.o approve in principle the concept of the City _
allowing this park to be used for a project similar to what they proposed to
build on there with every other aspect of it undetermined, and with the _
understanding that they shall have no vested rights as to the use of the land
at this point. It is an in principle approval, subject to many, many further
_ approvals by this Commission. Or many or one, I don't know, it could be one, _
I suppose. Certainly a public hearing.
Mr. Plummer: We can always extend it, but we got to have a date in there that
says, hey, after that period of time...
Mayor Suarez: Right, and barring further action from this Commission, if June
should come around of 1990, and we have not moved on this, then it expires of
its own weight, and we'd be expected to act on it again one way or the other.
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION N0. 89-971
A RESOLUTION APPROVING, IN PRINCIPLE, THE USE OF CITY-
OWNED GIBBON PARK, LOCATED AT 401 NORTHWEST 12 STREET,
MIAMI, FLORIDA, BY THE MIAMI HEAT COMMUNITY
FOUNDATION, INC., FOR THE PURPOSES PROPOSED BY SAID
FOUNDATION THROUGH ITS CONSTRUCTION OF NEW
RECREATIONAL FACILITIES AT SAID PARK, SUBJECT TO THE
APPROVAL OF THE REQUIRED STATE AND FEDERAL AGENCIES
THAT HAVE PROVIDED PAST FUNDING FOR SAID PARK AND
SUBJECT TO THE CITY COMMISSION'S ADDITIONAL REVIEW AND
APPROVAL OF DETAILED PLAN, SPECIFICATIONS AND
PROGRAMS; PROVIDING THAT THE HEREIN APPROVAL SHALL NOT
EXTEND BEYOND JUNE 1, 1990 IF INITIAL CONSTRUCTION
ACTIVITY HAS NOT COMMENCED AS OF THAT DATE.
(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. M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None. =
ABSENT: None.
Mayor Suarez: I would not seek any further clarifications at this point.
Mr. Plummer: It doesn't hurt you at all.
Mayor Suarez: I will tell you this, for myself, unless any Commissioner wants
to hear, this item is not even on the agenda. I will tell you this, I am
impressed by a statement you made to the effect that even if the Miami Heat
was not going to use this facility for its practices, that they would still be
willing to do this.
Mr. Richardson: We have said that from day one, sir.
Mayor Suarez: Right, I had not heard that from day one and I have met with
your principals and they have never mentioned that so I'm very impressed with
that statement. You're creating problems for your own case. I'm very
impressed with that statement, I hope that it reflects what all the
organization believes, ail the way up to the top, and then I see it as much
- more of a charitable effort or a voluntary effort on your part to try to help
a community than if you, you know, had said otherwise. So, I'm impressed by
that statement and hopefully we'll see that reflected in the way you handle
85 October 26, 1989
the kinds of things the City would like to see built there. Not to say that
we don't want a practicing gym there, but... Anything further? If not - had
we called the roll?
Mr. Plummer: We did.
Ms. Range: Yes, we did.
20. GRANT FUNDING REQUEST BY THE URBAN LEAGUE - Direct Manager to identify
an amount not to exceed $15,000 concerning establishment of a mural
depicting the late Father Gibson, Gwen Cherry, Joe Caleb and Rev. Graham
to be located in the Downtown Museum of Natural History.
Mr. Plummer: Mr. Mayor, in that same line, I would like to make a
presentation to this Commission. Speaking of Father Gibson who was very near
and dear to all of us, the Urban League is undertaking to make a project for
the Museum of Natural History downtown. They would be representing in this
mural the people who we know and who we have worked with, Father Gibson,
Reverend Graham, Joe Caleb, and Gwenn Cherry. The money needed to take and to
put this, they have-the Urban League has the space committed and if we can
make an allocation today, it can be up during the holidays. I would like to
make a motion at this time instructing the Urban League to proceed with a cost
factor not to exceed $15,000 so that it can be moved forward and can be up,
hopefully, for the holidays. I don't know of anything else that is a part of
this history of this community than these four individuals and I would so move
at this time that those funds be allocated.
Mayor Suarez: So moved.
Ms. Range: Thank you, Mr. Mayor, I'd like to second that.
Mayor Suarez: Wait, we need to take... oh, OK, go ahead, Commissioner.
Ms. Range: I'd second that...
Mayor Suarez: Seconded. Any discussion? I was aware of the project, I
wasn't aware that you were going to bring up an emergency item to approve it
today without any further...
Mr. Plummer: The Manager is to find the funds.
Mayor Suarez: ...without any prior consul... actually, we've contributed to
it directly. Any discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION N0. 89-972
A MOTION URGING THE URBAN LEAGUE OF GREATER MIAMI TO
CONTINUE EFFORTS ON ITS PROJECT FOR THE MURAL AT THE
MUSEUM OF NATURAL HISTORY IN DOWNTOWN; FURTHER URGING
THE LEAGUE TO PROCEED WITH A COST FACTOR NOT TO EXCEED
$15,000; ALLOCATING THE REQUESTED AMOUNT OF $15,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN ORDER TO COMPLETE SAID PROJECT BY THE HOLIDAYS, IF
POSSIBLE; SAID ALLOCATION BEING CONDITIONED UPON
SUBSTANTIAL COMPLIANCE WITH ADMINISTRATIVE POLICY APM-
1-84, DATED JANUARY 24, 1984.
Upon being seconded by Commissioner Range, the motion was passed and
adopted by the following vote:
86 October 26, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez -
NOES: None. _
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. De Yurre: Well, I want to know where Miller's picture is first before we
~I
decide to...
Mr. Dawkins: It's coming later.
Mr. De Yurre: Oh, OK, yes.
21.
(Continued discussion) EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND
FRIENDS OF BONNIE MCCABE (See label 6).
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: This morning I asked for a resolution. I'd like to read the
resolution: "A resolution expressing deepest sympathy, sincere condolence of
the City Commission on behalf of the City of Miami and its citizens to the
family and friends of Bonnie McCabe upon her death. Whereas Bonnie McCabe,
who recently passed away, leaves behind an outstanding record of community
services and whereas it is the desire of the City Commission, on behalf of the
- City of Miami and its citizens to express its deepest sympathy to the family
and friends of Bonnie McCabe; now, therefore, be it resolved by the Commission
of the City of Miami, Section 1, on behalf of the citizens of the City of
Miami, the City Commission hereby conveys to the family and friends of Bonnie
McCabe its deepest sympathy and sincerest condolence upon her death. Section
2. This resolution is offered by the City Commission as a token of its
respect and esteem. Section 3. This resolution shall be effective
immediately upon its adoption. Passed and adopted this day. Xavier Suarez,
Mayor. "
Mr. Plummer: Second the motion.
Mayor Suarez: So moved and seconded. Any discussion? If not, please call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION N0. 89-973
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 BONNIE MCCABE, UPON HER DEATH.
(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:
87 October 2b, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
-_ Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Where's Longueira?
22. ACCEPT PLAT: "C.S.B. SUBDIVISION".
-
-------
---------------
------------------------------------------------------
-
Mayor Suarez: The only item I have left of the ones before the personal
appearances, is item 8, accepting the plat for Alandco.
Mr. Plummer: So move.
Mayor Suarez: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded.
Mr. Plummer: Longueira.
Mr. De Yurre: I thought we did that already this morning. We did it this
morning, didn't we?
Mayor Suarez: Any discussion? If not, please call the roll. Was the taken
care of this morning? I didn't thinks so.
Mr. De Yurre: I thought it was.
Mr. Plummer: No, nine was.
Mayor Suarez: Nine, accepting the plat. Call the roll.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, on number nine. Did we take care of number nine?
Ms. Hirai: Just a... excuse me.
.~
Mayor Suarez: OK, item eight, accepting the plat entitled CSB
Subdivision.
Mr. Plummer: Does the representative want to make a statement in the record?
Ms. Hirai: Mr. Mayor, I need to call the roll on eight.
Stanley Price, Esq.: Yes, sir, we have...
Mayor Suarez: Apparently, I have been informed that we had a lready voted on
this morning. Did we or did we not?
Mr. De Yurre: On nine.
Mayor Suarez: On nine.
Mr. Plummer: This is eight.
Ms. Hirai: Voted on nine, I think.
Mayor Suarez: That's the one that we had the motion on. Now, we're going to
on eight. All right, what do we have on eight?
88 October 26, 1989
• i
Mr. Price: Mr. Mayor, members of the Commission, Stanley Price, law firm of
Fine, Jacobson. We have voluntarily made a contribution to the City in the
amount of $15,000 in regard to the road closing, and we'd like the acceptance
_ of the plat.
Mr. Plummer: So moved.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? If not, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-974
A RESOLUTION ACCEPTING THE PLAT ENTITLED "C.S.B.
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.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
23. COMMENTS BY VICE MAYOR DE YURRE CONCERNING SUGGESTIVE PICTURES IN A
DOWNTOWN DEVELOPMENT AUTHORITY'S PROMOTIONAL BROCHURE (See label 30).
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. De Yurre: I'd Iike to bring up an item that...
Mayor Suarez: Vice Mayor.
Mr. Plummer: Bye.
Mr. De Yurre: ...has alarmed me to a certain degree and which was brought up
to me by the administration back on Tuesday. I've passed out some advertising
from the DDA, advertising on our City of Miami, and I started going through
this, and it seems to me that we're not conveying the proper message as to
what Miami's all about. I don't know if you've gotten a chance to see this or
not. You know, I see this female in which portrays to me to be in an erotic
posture, needless to be said.
Mr. Plummer: A neurotic posture?
Mr. De Yurre: Erotic, E-R-O...
Mr. Plummer: Oh, erotic.
89 October 26, 1989
_ ~
_ Mr. De Yurre: ...T-I-C. Then I open it up and for those of you that are here -
__ and care to get an extra one, we've got plenty right here, it's free for the
taking, and I turn to this art work - so called art work - and aside from
vegetables, it lends itself to a whole bunch of interpretations, needless to -
be said - I don't know if you all have seen this or not...OK?
Mr. Plummer: Don't you know that "beauty is in the eye of the beholder?"
Mr. De Yurre: That's my concern. And it goes to the point that I've had
people express it looks like, you know, a male sex organ when you look at it.
Mr. Plummer: What?
Mr. De Yurre: Look at this.
Mr. Plummer: What?
Mr. De Yurre: Look at it.
Mayor Suarez: I have to admit I didn't think of that when I first saw the
vegetables.
Mr. De Yurre:
Mr. Plummer:
Mr. De Yurre:
Mayor Suarez:
Mr. De Yurre:
City of Miami
Mr. Plummer:
(Laughter)
Mayor Suarez:
Well, I'll tell you what...
A pervert would.
You know, and I just...
All right, what about this....?
I would just like to know what the hell this has to do with the
7 -when you advertise the City of Miami?
Well, it's just opposite of Key West.
What.... Do we have anyone from the DDA here?
Mr. De Yurre: You know, seriously speaking, it's...
Mayor Suarez: Mr. Vice Mayor, I would ask that...
Mr. Plummer: I'll hear from the Senator of Monroe County on that one.
- Mayor Suarez: Yes, that we wait until we have someone from the staff because
I saw it as it reached my desk and I was - I just didn't know about it, and
certainly there was no approval of that design that I was aware of by the DDA,
and it's a pretty unusual looking brochure, I'll say that.
Mr. De Yurre: It certainly is. Needless... there's no question about that,
and I'd like to know how much money we spent of our tax dollars on this type
of promotion.
Mayor Suarez: Yes, and I was going to say, and expensive too. I happen to
have received it when I had publicist in my office and he said that's a pretty
expensive brochure.
Mr. De Yurre: Well, if we can get some answers, maybe get Matthew Schwartz
here later on today and find out what the story is.
Mayor Suarez: Yes, please. OK...
Mr. Plummer: Where is that pervert?
90
October
26, ~..
fz
1989
~_
24. GRANT REQUEST FROM ST. PATRICK'S DAY PARADE - concerning in-kind
services from the City.
Mayor Suarez: Item 11, St. Patrick's Day Parade. I see some people in green
jackets.
Mr. Plummer: Begod and begorrey.
Mr. Bob Allen: Good afternoon, ladies and gentlemen. My name is Bob Allen...
Mr. Plummer: Wait, wait a minute, Victor, don't give these out. If it's like
that other poster around here, they became very valuable. Hold them we'll
sell them.
Mr. Allen: That's true. My name is Bob Allen. I'm president of the Emerald
Society of South Florida and co-chairman of the St. Patrick's Day Parade and
Festival. We are at 13499 Biscayne Boulevard...
Mr. De Yurre: You have nothing to do with this, right?
Mr. Allen: Nothing at all, sir. Nothing at all. ...North Miami, Suite 214.
With me is Mr. Wilson who is out co-chairman of the parade. Jim is also our
finance director. We have passed out yesterday, gentlemen, and I think your
secretaries have the printed matter and our presentation for last year's
parade and, of course, our dollars for this year's parade. We're here asking
you for a $25,000 grant for the 12th annual - you're laughing, Commissioner.
I hope that's a good sign.
Mr. Plummer: You're funny.
Mr. Allen: We're asking for that either in total of cash and/or in-kind
- services. I'm getting...
Mr. Plummer: What did you get last year?
Mr. Allen: We got zero, sir. Zero in in-kind services and zero in cash...
Mr. Plummer: Well, you can't do any worse.
Mr. Allen: ...so anything this year will be a betterment.
Mr. Plummer: Come on, be honest, you're looking for some in-kind services
plus the street closure.
Mr. Allen: We're looking for cash and the lack of funds last year put us
severely behind, Commissioner, so we are really looking for cash~and in-kind
services.
Mayor Suarez: What is the request for, Frank?
Mr. Plummer: Well, the request is for $25,000 which exceeds the in-kind of
what? -eighteen thousand? How much is the in-kind?
Mr. Frank Castaneda: About nine thousand.
Mr. Allen: The in-kind is nine thousand, yes.
UNIDENTIFIED SPEAKER: Nine thousand, six hundred.
Mr. Allen: Ninety-six, fifty-nine, to be exact.
Mr. Plummer: You are the Emerald Society, right?
Mr. Allen: That is correct. That is our parent company and we run the parade
every year.
Mayor Suarez: What was the rationale last year Eor not having this go through
the festival committee funding?
91 October 26, 1989
~ •
Mr. Plummer: Didn't have the money.
Mr. Frank Castaneda: This program has never been funded by the City.
Mr. Plummer: What?
Mr. Castaneda: We have never funded it.
Mr. Plummer: Oh, yes we have.
Mayor Suarez: Oh, you're so wrong.
Mr. Plummer: Oh, yes we have.
Mayor Suarez: You're so wrong.
Mr. Allen: This is coming into our twelfth year, Frank.
Mr. Plummer: No.
Mayor Suarez: That was probably the rationale, it was just the sheer
longevity of it, you know, so many years. It's sort of a traditional thing.
Mr. Allen: We feel as though its a very ecumenical factor for the City. We
feel it's economically it's a very successful factor for the City.
Mayor Suarez: How about the fifteen we just got from the plat closing? What
did we allocate that to?
Mr. Plummer: OK, Mr. Mayor, I'll make a motion we take the money from the
plat we just received of $15,000 and give it to them so that we can have the
traditional green Flagler Street and green beer. It is so moved.
Mayor Suarez: So moved.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Begod and begorrey, my son. Sit down and shut up.
Mr. Allen: Thanks.
Mr. Plummer: I'il hit you with a shillelagh?.
Mr. Allen: But you do have a good accent though, lad. Could I that repeated,
gentlemen, so I know what we're talking about.
Mr. Plummer: Just be quiet, all right? -I haven't got a second yet.
_ Mayor Suarez: I wouldn't suggest you ask too many questions right about now.
Mr. Allen: OK.
Mr. Plummer: What?
Mayor Suarez: The what?
Mr. Plummer: Said they owe us ten.
Mayor Suarez: Well, I guess if this passed, they would owe us five because
the first dime would go to that.
Mr. De Yurre: You got a second? I'll seconc?.
Mayor Suarez: Moved and seconded. That's the way I look at it. We'd have to
first apply to any outstanding debts of the City from this organization, for
sure .
Mr. Plummer: Well, let me ask a question and this is not joking. You know,
this brings in a tremendous amount of people from Ireland.
Mr. Allen: Yes, it does.
92 October 26, 1989
Mr. Plummer: They usually bring in the Lord Mayor, they bring in a lot of
those people. Could this not be considered for additional funding from the
- International Trade Board, as...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I'm saying they're bringing... hello? You don't look Irish to
me. Could not this thing be considered for further funding of all the people
they bring in from Ireland for this affair? -for further funding from the
International Trade Board.
Mr. Dawkins: Are they coming to discuss trade?
Mr. Plummer: Yes. All beer...
Mr. Dawkins: Beer and ale.
Mr. Plummer: Ale. Well, let's do what we...
Mr. Dawkins: How much is it, J. L.?
Mr. Plummer: Here, they're looking ,f or nine. We give them fifteen, they owe
us ten, that gives them five, it would look for five from you.
Mr. Dawkins: OK.
Mr. Plummer: OK7 Let's try that on.
Mr. Dawkins: OK.
Mr. Plummer: Under those circum...
Mayor Suarez: So we're looking back to your motion on fifteen thousand to be
taken from Stanley's client on plat? All right. So moved and seconded.
Mr. Dawkins: OK, now, just...
Mayor Suarez: Yes, and the money has to be the first ten thousand. If they
have outstanding bills to the City, has to be first...
Mr. Castaneda: Right..
Mayor Suarez: ...paid to us to make us whole for last year.
Mr. Castaneda: I don't know exactly how much it is, it might be less.
Mayor Suarez: Whatever the amount.
Mr. Dawkins: There is a second, right? And it is time for discussion.
Mayor Suarez: Yes.
Mr. Dawkins: Will the Mayor or J. L. Plummer or somebody explain for the
benefit of the media, what I just did so they won't say that I did something
illegal or that I talked about doing this prior to the meeting?
Mr. Plummer: Sir, everything you do is illegal, immoral, and fattening.
Mr. Dawkins: Thank you. No further discussion. Call the roll.
Mayor Suarez: OK, any further discussion? If not, please call the roll.
93 October ?6, 1989
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-975
I A MOTION GRANTING FUNDING REQUEST RECEIVED FROM
! REPRESENTATIVES OF THE SAINT PATRICK'S DAY PARADE;
FURTHER DIRECTING THE MANAGER TO ALLOCATE $15,000 IN
CONNECTION WITH SAID EVENT FROM FUNDS JUST RECEIVED BY
THE CITY FOR THE CSB SUBDIVISION PLAT; FURTHER STATING
SAID $15,000 SHALL BE FIRST USED TO CANCEL ANY PRIOR
~ OUTSTANDING MONIES STILL OWED BY THIS GROUP TO THE
~ CITY FROM LAST YEAR, AND ANY MONIES LEFT WOULD THEN GO
I TO THE PARADE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
_; AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Somebody from my office come so I can do a memo, please.
Mayor Suarez: Even though this has not been included in our festival policy
in the past, I think I speak for - let me just speak for myself...
Mr. Allen: Surely.
- Mayor Suarez: ...to tell you that I look for this organization to - like
many, many of the other festivals, as traditional as this one is and so on, to
become self supporting in the future. We're just going to have to go to that,
we're running out of money.
Mr. Plummer: Mr. Mayor, God knows, no one agrees with that policy more than I
do. But, Mr. Mayor, they don't have the sources of revenue, OK? They don't
sell anything in any way, shape or form.
Mayor Suarez: Nothing is sold at all during the parade?
Mr. Allen: No, we do not.
Mr. Plummer: No booths of any kind, it's...
Mayor Suarez: There's no concessions given out to anybody to...
Mr. Plummer: None.
Mr. Allen: We have a festival at the end of our parade. But we don't take
any money back from that, no.
Mr. Plummer: Yes, who are you going to support?-Miami or Notre Dame?
Mr. Allen: We're both Notre Dame graduates.
Mr. Plummer: Let's have a recount of the roll call.
Mr. Dawkins: You just blew it. You blew it.
Mayor Suarez: All right.
Mr. Plummer: Did we call the roll?
Mayor Suarez: Yes, Madam City Clerk completed the roll.
94 October 26, 1989
Mr. Plummer: You little leprechauns go away and don't come back until next
year.
Mr. Allen: Ladies and gentlemen, thank you very much.
Mayor Suarez: Thank you.
Mayor Suarez: Item 12, Jeffrey Lawrence fitness communities.
Mr. Plummer: Is the Mayor one of the grand marshals locally? Hello, sir. Is
the Mayor one of the grand marshals?
Mr. Dawkins: No, J. L. Plummer is.
Mr. Allen: We'd like very much to have you all.
Mr. Plummer: Well, let me tell you something, if my Mayor is not invited to
ride in the car with the Lord Mayor of Dublin, God help you next year.
Don't...
Mr. Allen: Consider it done.
Mr. Plummer: Don't come back.
Mr. Allen: Mr. Mayor, Mr. Mayor, I officially invite you. _
Mayor Suarez: Just as long as you use that title, I like that Lord Mayor.
Mr. Allen: Right.
Mayor Suarez: All right, item twelve. Item twelve. -
Mr. Plummer: Sanctus Suarez.
Mayor Suarez: God bless the British and the Irish for using that title.
Mr. Plummer: Lord Mayor.
Mayor Suarez: And your worship too, I like that.
Mr. Plummer: Yes, but that's all right, but you're working on dictator and
that's where we got a problem.
25. DISCUSS PROPOSAL BY FITNESS COMMUNITIES OF AMERICA, INC. - for an
aerobics exercise class instruction program for City employees.
Mayor Suarez: Jeffrey Lawrence of Fitness Communities of America, proposal
for an aerobics exercise class. Is that you, sir?
Mr. Jeffrey Lawrence: Good afternoon, Mr. Mayor, members of the Commission.
I'm Jeffrey J. Lawrence of Fitness Communities of America, Inc., 8540 Sherman
Circle North, Apt. 502. I'm here to give you an overview of the program that
we proposed for City employees. It's basically a program designed - as I look
around the room and from what I've seen all day - to alleviate stress and add
longevity, and there must be a lot of stress in being a City employee. I
picked up on that this morning.
Mayor Suarez: Make sure the Manager signs up.
Mr. Lawrence: Great. But in a nutshell, what it is...
Mayor Suarez: What - now seriously - what would this Commission possibly do
with an item having to do with aerobics exercise class instruction for the
City employees unless the Manager is somehow recommending this? I mean, I
don't...
Mr. Odia: I'm not and he wanted to come to...
95 October 26, 1989
__~ Mayor Suarez: Do we have any physical fitness programs except, I guess I
l know, we must have in the Fire and Police Departments, maybe Sanitation.
_~
Mr. Odio: They do have it and we offer the gym of the Fire Department to
private...
_~
Mr. Plummer: We just spent $88,000 for the gym in the Police Department. Do
they have a program?
~;
~~ Mayor Suarez: For equipment.
Mr. Odio: I thought he was going to donate the services, and now I see that
it costs $75 per hour, so...
Mr. Plummer: An hour?
Mr. Odio: An hour.
Mr. Lawrence: Correct.
Mr. Plummer: Per person?
Mr. Odio: Yes, I don't have it in a...
Mr. Lawrence: No, that's a flat fee, unlimited participation.
Mayor Suarez: Well, you know, this is really, I hate to say it and I hate to
cut you off, but this is really not a proper matter to reach the Commission in
this format. I mean, this is something that has to be presented. I don't
know that we can - we use consultants for any of our fitness programs and...
Mr. Odio: No, I'm not recommending this.
Mayor Suarez: Do you ever use consultants for fitness programs?
Mr. Odio: No, sir.
Mayor Suarez: All in house?
Mr. Odio: We have Blackie in the Fire Department that is very good.
Mayor Suarez: Does he do that on a totally pro bono basis, Blackie?
Mr. Odio: Sure, sure, sure.
=s
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Mayor Suarez: And how about in the Police Department? They must nave a
fitness program, I know they have a...
Mr. Odio: They do have, they do have a fitness program.
Mayor Suarez: ...self defense, they have consultants. I know they've paid
over the years.
Mr. Odio: They do have in the gym. If you remember the...
Mayor Suarez: Certainly you ought to hook up with the departments in question
to make sure that if we participate in any consulting - you know, outside
consultants, that you have a shot at bidding for it. You have nothing at all,
Chief, in your department, with outside consultants?
Chief Colonel Duke: Chief Duke...
Mr. Plummer: Yes, the only thing - the way this thing can work, as far as I'm
concerned, is on a voluntary basis. If the employees want to sign up for it,
great.
Mr. Dawkins: And pay for it.
Mr. Plummer: And pay for it, great.
Chief Duke: Chief...
96
October 26, 1989
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Mayor Suarez: We did that in a similar situation - if I may twice interrupt
ii you, Chief - with prepaid legal services. I remember that we offered those on
a voluntary basis. Chief, do you have anything at all that's on a consulting
basis in your department?
Mr. Odio: Mr. Mayor, in the mean...
Mayor Suarez: Paid to outside consultants, if I may just ask in that
question?
Chief Duke: No, the - what we do have available to all City employees is our
gym located down in Coconut Grove.
Mayor Suarez: Well, yes, equipment, we're happy to have that. Mr. Manager,
anything further on this item? Should we refer it to you and see...
Mr. Odio: No, no, I don't want... the reason it was sent to me is because a
Commissioner - that it was placed on the agenda, a Commissioner requested.
Mayor Suarez: Anything further from any Commissioner on this item?
Mr. Plummer: It wasn't my office, was it?
Mr. De Yurre: When is the first work out?
Mr. Plummer: There went your rowing.
Mayor Suarez: We've interrupted you two or three times. If you want to
complete your presentation, I don't know that we're going to get any action
from the Commission, but if you want to say anything further about your
program? I guess once you told us the price, we were already in trouble, but
go ahead.
Mr. Lawrence: No, no further comment.
26. GRANT REQUEST BY SARAH WILLIAMS (OF TROPICAL CLEAR BLUE LAUNDRY
SYSTEMS) - to defer payments on loan previously granted her under the
Citywide Loan Program regarding her business in Overtown.
Mayor Suarez: We dealt with item 13 out of turn already, even though it
hasn't been crossed out. Item fourteen. Sarah Williams, Tropical Clear Blue
Laundry.
Ms. Sarah Williams: My name is Sarah Williams, I'm located at 1490 N.W. 3rd
Avenue in Overtown Shopping Center. Should I go on?
Ms. Range: Yes, certainly.
Ms. Williams: I'm back before the Commission. I was here on the last
Commission meeting before recess, 3uly 27th, to have my renovated and for
the... until the time the shopping center is completely operational. Mr.
Plummer, Commissioner Plummer, suggested that in the event that the shopping
center is not operational by October, which is this month, that I should come
back and...
Mayor Suarez: Well, in view of the fact that anchor store is not there, even
though I think we set a deadline of October lbth, what you're seeking is
another waiver of your rent, is that what you're seeking?
Ms. Williams: Yes.
go on forever, I got
Mayor Suarez: No,
guarantee you that.
Mr. Plummer: When i
Ms. Williams: Well,
Actually, what we're dealing with is - this is going to
a...
no, no, Sarah, it's not going to go on forever, I'll
s it going to be operational?
I would like today to know...
97
October 26, 1984
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Mayor Suarez: It seems that way, I know, but...
Mr. Plummer: When's it going to be operational?
Mr. Odio: Mr. Gary told me today that it will be open December 1st.
Mr. De Yurre: If its not open the next Comission meeting after that...
Mayor Suarez: I will entertain...
Mr. De Yurre: ...the next Commission meeting after that...
Mr. Odio: Fine, yes, sir.
Mayor Suarez: Oh, yes, I would schedule it right now for the first meeting in
December.
Mr. Odio: Fine. Yes, sir.
Mayor Suarez: Please, make sure it's on the calendar. If not, we'll have to
award it to a different operator.
Mr. De Yurre: December 14th.
Ms. Range: But, what happens, Mr. Mayor, in...
Mayor Suarez: In the mean... I'm sorry, in the meantime, as to, Sarah, if you
agree with this, maybe you can make it into the form of a motion. You could
waive her rent until its operational.
Mr. Plummer: How much reduction in rent have we given you so far?
Ms. Williams: Totally, or for this...?
Mr. Plummer: The reduction in rent.
Ms. Williams: I've got reduction for July, August, September, and October.
Mr. Plummer: Total free?
Ms. Williams: Yes. Abatement.
Mr. Odio: I think....
Mayor Suarez: Abatement, not just reduction. Yes, we'll extend it to
December 1.
Ms. Range: Yes.
Mr. Odio: Honestly, I think it's fair that we give her a break.
Mr. Plummer: Did we give her November?
Ms. Range: She's operating it at a loss.
Mr. Odio: No, I don't know if we...
Ms. Range: She's got to be operating... aren't you operating at a loss?
Ms. Williams: I'm operating at a loss and I've got a real concern because
right now I think I sent you a copy of a letter that I sent to...
Mayor Suarez: But wait, but wait, before you give us any lengthy
explanations, you would like a waiver or abatement until the whole place is
operational, that's the best we can do.
Mr. Odio: Why don't we do that until the market is open?
Mayor Suarez: Sure.
98
October 26, 1989
__ Ms. Williams: But, when we say the whole place, I'm talking about the whole
- shopping center.
Ms. Range: Until whatl
Mr. Plummer: Until the market is open.
Ms. Range: Yes.
_ Mayor Suarez: As of now, we're expecting it to be operational December 1, so
I will entertain a motion to abate her rent until December 1, and...
Ms. Williams: The total shopping center or just the supermarket?
Mr. Plummer: So move.
Mr. Dawkins: Second.
Mr. Plummer: If she keeps talking, I'll withdraw my motion.
Mr. De Yurre: However, I would like... do we have records of your accounting
records here with us?
Ms. Williams: Community Development has it because we have a loan through
them.
Mr. De Yurre: Do you all have the records on a month to month basis?
Mr. Ron Williams: Yes, we do, Mr. Vice Mayor.
Mr. Plummer: Of her grossT
Mr. De Yurre: Income? Income, expenses and all that kind of good stuff?
Mr. Williams: Oh, no, we don't have that, we have the rent records.
Mr. De Yurre: Well, how do we know there's a loss?
Mr. Williams: I'm sorry?
Mr. De Yurre: How do we know there's a loss?
Mr. Williams: We...
Mr. De Yurre: What are you basing it on?
Mr. Williams: We're not basing on it, the fact that it's a loss.
Mr. De Yurre: You have to base it on something.
Mr. Plummer: She is.
Mr. De Yurre: Huh?
Mr. Williams: We didn't say that, Mr. Vice Mayor.
Mr. Plummer: She is.
Mr. De Yurre: Well, she is but you're relying on it...
Mr. Odio: Fine what we...
Mr. De Yurre: ... and you're representing to us that...
Mr. Odio: What I suggest is that we, if you want, waive her rent and we will
audit, and if she had any profits, then we'll get some...
Mr. Plummer: No, wait a minute, look. This thing has bee n a pain in the
_ behind since day one. Now, we've got someone like this lady who has offered
_ to go in there and try to be a tenant and try to make a go of it. There's no
damn question that there's a loss involved without a mayor tenant in there.
For God's sakes, let's try to keep this woman there until the other gets
~! opened up.
I
99
Octo
ber 26, 1989
Mr. De Yurre: J. L., I got no problem keeping her there, I ,just want to look
at the numbers, that's all.
Mayor Suarez: He's saying, he's...
Mr. Plummer: Well, if you want the numbers, you're entitled to that.
Mr. De Yurre: Well, that's it.
Mayor Suarez: He's building that into the motion.
Mr. Plummer: Fine.
Mayor Suarez: But you have a problem with how much of the shopping center is
being abated? It's not dust where your Tropical Clear Blue Laundry is?
Ms. Williams: No, my concern is the shopping center is now like a big agency.
We've got the...
Mayor Suarez: We know all of that, but we'r.e making this with the assumption
that on December 1, we will have an operational grocery store with, hopefully,
a lot of people going there.
Ms. Williams: But you asked me a question. You asked me what was my...
Mayor Suarez: Because you were getting ready to talk about abating the rent,
not only for your space but something else.
Ms. Range: No.
Ms. Williams: No, no.
Mayor Suarez: OK.
Ms. Williams: I was talking about a letter that I sent in regards deferment
of my loan payment to Community Development.
Mayor Suarez: So there was another angle here. OK, what about that? How are
we doing on...?
Ms. Williams: Deferment, not abatement. It's a difference.
Mayor Suarez: I understand. You have a community... what did she have, a
Miami Capital loan?
Mr. Frank Castaneda: No, no, no, we have a loan under the Citywide program to
this corporation.
Ms. Williams: Yes, the miniUDAG pro... no, the Citywide pilot program.
Mr. Castaneda: We're analyzing the figures...
Mayor Suarez: The Liberty City, Citywide program?
Mr. Castaneda: Citywide program. Remember, there were two...
Mayor Suarez: We extended it?
Mr. Castaneda: No, no, we had two programs. One, a Model City Loan Program,
we also created a Citywide loan program. She's participating under the
Citywide loan.
Mayor Suarez: Oh, we've heard very little about that other one.
Mr. Plummer: No, no, we didn't, we heard a lot.
Mayor Suarez: This is the first I hear in any Commission meeting about any
loans by the additional one.
Mr. Plummer: Miller demanded it.
100 October 26, 1989
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Mr. Castaneda: Yes. You created a committee composed of myself, Pablo Perez
Cisneros and Herb Bailey.
Mayor Suarez: This is the first I hear of any loan actually being granted
under - how much was lent to her?
Ms. Williams: It's forty-five. Forty-five thousand.
Mr. Castaneda: Forty-five thousand dollars.
Mayor Suarez: And you want to deferl
entertain a motion on that.
I think that makes sense. I'll
Mr. Castaneda: Well...
Mayor Suarez: Not
Mr. Castaneda: ...let me review the figures, we're reviewing the figures and
and...
Mayor Suarez: Do you oppose our deferring any payments by the amount of time
that there's no anchor tenant, as we'd promised to her, that there would be in
that shopping center, December 1st?
Mr. Plummer: Well, wait a minute, now, hold on. What you're doing is
deferring or eliminating the loan?
Ms. Williams: Sir, my request in the letter was to defer it until March, '90,
and then tack that accrued interest and principle on as a balloon payment for
1994.
Mayor Suarez: Are you asking for some of the interest to be abated or not?
Ms. Williams: Well, I thought that would be asking a lot. I was just asking
for a deferment, I thought that would be more reasonable.
Mayor Suarez: When would the payment otherwise be duel -the first payment
that she's talking about or...?
Mr. Castaneda: No, she's paying on a monthly basis and she was paying until
she asked for this deferral.
Mayor Suarez: OK, any problem with that until at least the December 1, just
as we're...
Mr. Plummer: December 1, but then I agree with Commissioner De Yurre, beyond
that point I would want to see some numbers.
Mayor Suarez: OK.
Ms. Range: I'd agree with that too, but, Mr. Mayor.
Mayor Suarez: Yes, Commissioner Range.
Ms. Range: First of all, we're talking about getting an anchor tenant, one
tenant. How much of the project remains unused at the point where we get a
grocery store? That's all you're talking about.
Mayor Suarez: Yes, and, of course, as you answer that, also tell us how much
of the project is on a profit making basis and how much are just community
facilities that don't pay any...
Mr. Williams: Commissioner Range, in response to your question, there will be
three store fronts that would presently not be occupied or under contract at
that time, and we plan to bring back to you vendors, individuals that we've
been in deep discussion with to fill those very quickly.
Mayor Suarez: Why do you have to bring that back to us? Don't you have
delegated authority to enter into leases for us?
Mr. Williams: We would like for you to approve those permits that we're
proposing, Mr. Mayor, and we think that that needs to come before the
Commission.
101
October 26, 1989
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Ms. Range: Mr. Mayor...
Mayor Suarez: We have a shopping center operator, why can't the shopping
center operator...
Mr. Williams: We don't have a shopping center operator, Mr. Mayor.
Mayor Suarez: We're still ourselves the shopping center operator...
Mr. Williams: Yes, yes.
Mayor Suarez: ...and why can't the Manager - haven't we set rates or
otherwise?
Mr. Odio: If you authorize us, we'll go ahead and enter into agreements that
we...
Mayor Suarez: All right, well, I guess we haven't done it up to today, but I
would hope that after this, we don't become, at this Commission level, the
landlords approving every lease. My God, we'll go crazy. Commissioner Range,
yes.
Ms. Range: Mr. Mayor, for the four months that I've been here, this Mrs.
Williams has been here for the second time asking for an abatement. I would
feel that the proper thing to do would be to allow her an abatement, not until
December 1st, but allow her an abatement, let's say for a period of six
months, at which time the City, if it so desires, would be able to review her
books to see if at that time, she's making any progress regardless to whether
the anchor store is open or there are other stores. I can almost guarantee
you that one store opening in that area is not going to support her business
fully. So, if the anchor store opens on December 1st, and you cut the
abatement, that is still not going to do her any good at all, and unless she
make a profit there, there's no need in her being there so I would ask that I
offer a resolution, or a motion, that we give her a six month breathing period
at which time, if it is the desire of this Commission, to audit, to look over
her books to see whether she's making a profit then, and then we can go into
making arrangements with her about her rent and her payments. I think that's
only fair.
Mayor Suarez: So moved, the only problem is...
Ms. Range: Do we have a second? No, nobody's here, all the business
Mr. Dawkins: Second, second.
Mayor Suarez: Moved and seconded. The only problem with it is that, of
course, we're eliminating the possibility of competition. I mean, we don't
know that someone else won't want to operate a similar kind of store there at
the same terms. Anyhow, this is, as far as I'm concerned, de minimus, I mean,
you know...
Mr. Dawkins: But I would think, you know, you and I both have been following
this pride of Mrs. Range arrival and both, I think, can safely say that if we
abate it for six months, and she sees at the end of the six months, that she's
not making any headway, I think she's going to be ready to bail out anyway
without any further ado.
Mayor Suarez: OK, I agree with...
Ms. Williams: Well, you see...
Mayor Suarez: Wait, wait, wait....
Mr. Dawkins; I would think so.
Mayor Suarez: Yau're not implying, Commissioner, that we're in any way
eliminating the prior requirement of access to the books and so on to show
that, in fact, she's...
102 October 26, 1989
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Ms. Range: No, no, I have no problem with that.
books, but the only thing I'm saying is that...
Mr. Plummer: What collateral do we have?
You can have access to the
Mayor Suarez: OK, you're just going to go ahead and go for a six month period
of time then.
Ms. Range: Surely.
Mayor Suarez: Give her a head start. A.ll right, we have a...
Ms. Range: So that she isn't down here again on the first of December saying
you haven't opened yet, you know, and I need another month.
Mayor Suarez: Yes, if for nothing else, if not to have the item on the agenda
again. I'd be inclined to vote for it just on that. We have a motion and a
second.
Mr. Plummer: Well, let me understand the motion again....
Mayor Suarez: Commissioner Plummer?
Mr. Plummer: ...would you repeat it please?
Ms. Range: Why?
Ms. Hirai: Mrs. Range's...
Ms. Williams: The motion... please read it, if you have it.
Ms. Hirai: That we give her a six month breathing period at which time, if it
is the desire of the Commission, they can go in and conduct an audit and if
there is a profit, they may decide to enter into an agreement with the firm.
Mr. Plummer: And if there's no profit?
Ms. Hirai: It will be up for consideration, I suppose, for... to be reviewed.
Ms. Range: If there's no...
Mr. Dawkins: Wait now, you lost me now.
Ms. Range: Well, if there's no profit, then the City has to look to other
means or Ms. Williams has to make a decision as to whether she wants to stay
there and continue losing money.
Mr. Plummer: Well, my concern, Mrs. Range, is I asked Frank, the only
collateral that they have up, is the washers and dryers. We don't even have
any personal signature on a loan. Now, you know, if someone would like to
take a substantial individual and sign individually for the guarantee of the
loan, then I think I would be favorably to this motion as it's presented. But
the washers and dryers, I don't think are going to cover forty-five thousand
or the back rent, and I think that the City's got to be in some way protected.
Mr. Castaneda: No, there's two different issue.
Mr. Plummer: This is the laundry.
Mr. Castaneda: Right.
Mr. Plummer: OK, and they're talking about abating the rent, abating the
loan...
Ms. Williams; Deferring, deferring the loan.
Mr. Plummer: Deferring the loan for six months. Now, my concern is knowing
the history of that place, I think this woman is - well, I want to say brave,
but I guess there's a very fine line...
Ms. Williams: Commissioner Plummer, it goes farther than just bravery. We're
dealing with the community that has no center.
103 October 26, 1989
Mr. Plummer: I understand, but we're dealing with taxpayer's money.
Ms. Williams: I mean, it's sitting there for nothing. I don't understand why
it takes so long to get it open. I'm confused.
Mr. Plummer: Well, I don't disagree with you, and I've heard that story ever
since the day that the ground was built.
Ms. Williams: I mean, I know people who are...
Mr. Plummer: All I'm saying to you is, is that I think that if somebody is
willing to sign on the dotted line, then we have more than just the washers
and dryers as collateral. Now, you know, I'm just concerned about taxpayers
money, that's what I'm concerned about. Is somebody of your organization of
this corporation willing to sign?
Ms. Williams: No, sir. No, and the concern I've got is that it's like you're
opening me up for failure. I would like to stay there. I don't want to move
from that place. And then, the community needs that place.
Mr. Plummer: I agree.
Ms. Williams: And I feel like I'm constantly begging you people for this.
It's like... I'm embarrassed to be here. This goes on every year. I am very
disgusted with the Commission.
Mr. Plummer: Mr. Manager..
Ms. Williams: As big as this Commission is in this City, to have to beg you
people to open that center so that the people in that community can have a
place to shop and to do the things that they want to do in their community,
not your community, but theirs. I think it shows a disgrace to this whole
town to have to keep coming down here and begging you people for this.
Ms. Range: That's right, day to - month to month.
Ms. Williams: Is that what you want'1 You rather that I embarrass myself to
beg you evex•y single time.
Mr. Plummer: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Plummer: What's your recommendation?
Mr. Odio: No, I recommend that we defer the payments and - at least until the
beginning of the year - February, the end of February, and then if at that
time the market should have been opened, and she would have time to build up
her reserves.
Ms. Range: What's wrong with six months, Mr. Mayor?
Mr. Odio: Well, it's six months...
Ms. Range: Beginning February - there's nothing wrong with six months.
You've got to have some time.
Mr. Dawkins: There's nothing wrong with it, we made the mo... what's wrong -
there's nothing wrong with it, you made the motion, I second the motion, and
we're going to cover the motion, let the motion carry. You made the motion, I
seconded the motion. Either vote on it and it carries. I agree with her,
I've been sitting here. It's damn embarrassing for her to come down here
every time, and Mrs. Range made a motion that we give her six months lead way
to attempt to see if the business will work.
Mayor Suarez: We have a motion and a second
not, please call the roll.
Any further discussion? If
104 October 26, 1989
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION N0. 89-976
A MOTION GRANTING REQUEST RECEIVED FROM MS. SARAH
WILLIAMS OF TROPICAL CLEAR BLUE LAUNDRY SYSTEMS;
FURTHER DIRECTING THE CITY MANAGER TO ALLOW MS.
WILLIAMS A SIX-MONTH BREATHING PERIOD BY DEFERRING
PAYMENTS ON THE LOAN PREVIOUSLY GRANTED HER UNDER THE
CITY'S "CITYWIDE LOAN PROGRAM" IN CONNECTION WITH HER
$USINESS LOCATED IN THE OVERTOWN SHOPPING CENTER;
FURTHER STATING THAT AFTER SAID SIX-MONTH PERIOD HAS
EXPIRED, THE CITY SHALL AUDIT MS. WILLIAMS' BOOKS TO
ASCERTAIN IF A PROFIT EXISTS; IF SO DETERMINED, THEN,
AT THAT TIME, THE CITY CAN ENTER INTO AN AGREEMENT
WITH MS. WILLIAMS; IF IT WERE DETERMINED THAT NO
PROFIT EXISTS, THEN THIS MATTER SHALL COME BACK BEFORE
THE COMMISSION FOR FURTHER CONSIDERATION AND REVIEW.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: This is tied in with the other project? Or is it two individual
projects?
Ms. Range: Yes, I said that.
Mr. Odio: You mean the food market or where?
Mr. Plummer: No, the hamburger stand on 54th Street.
Mr. Castaneda: It's the same corporation.
Mr. Plummer: The same corporation.
Mr. Castaneda: Right.
Mr. Plummer: So, if we had to attach, we could attach on the other?
Mr. Castaneda: Sure.
Mr. Plummer: OK, it's the same corporation. All right, as much as I want to
say no, I'm going to say yes and for the record, it is not your fault the
problems that have existed down there. Not your fault at all. And it's not
entirely as you portrayed, this City Commission's fault. There's a lot of
other things that we really don't want to talk about that happened in between.
Good, bad, and indifferent. But you have been one of the ones who have stuck
it out and I want to try to go every inch of the way to try to help. And so
for that reason, I'm going to vote yes.
105 October 26, 1989
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27. DISCUSS REQUEST BY MIAMI CHAPTER OF THE AMERICAN INSTITUTE OF
ARCHITECTS - for a reduction of insurance requirements for a jazz
concert to be held in Bayfront Park Amphitheater.
Mayor Suarez: Item fifteen. Miami Chapter, American Institute of Architects.
Reduction of the insurance requirements for a jazz concert.
Mr. Odio: This came to us from the Bayfront Park 1anagement and...
Mayor Suarez: Bayf ront Park.
Mr. Plummer: Why?
Mr. Odio: And I'm recommending...
Mr. Plummer: Why did it come here?
Mr. Odio: I don't know, because - I'm recommending no funding.
Mr. Plummer: Wait a minute, excuse me. It was the instructions of this
Commission that these matters should be solely decided by the Trust.
Mr. Odio: I saw... they're recommending no funding, so right.
Mr. Plummer: No, no, no, I'm saying is why is it... they're asking here that
a reduction in the insurance. I'm going to tell you right here, flat out,
that I am not in any way going to put this City in jeopardy of reducing
liability insurance. But more importantly, Mr. Mayor, it was your
instructions that these kind of matters should be handled by the authority,
they should be the final decision and we shouldn't be bothered with it here at
this Commission level.
Mr. Odio: You need to clarify that policy.
Mayor Suarez: Absolutely, except, of course, if he requests, unless we come
up with a whole new Code provision, if he requests to appear here, I don't
know how this item...
Mr. Odio: Yes, that's...
Mr. Plummer: Well, you know, everyone of them that's going to be turned down
is going to be up here.
Mr. Odio: I need my...
Mayor Suarez: I have suggested many, many times that we come up with a new
Code provision on items that are properly before us and items not and I think
that's one of the first things we ought to consider right after we decide who
is going to be sitting here in a couple of weeks, because we just are getting
too many items here that really are not particularly relevant. What is the -
as long as we're on it - what is the reduction from what to what that he's
requesting, Mr. Manager?
Mr. Plummer: From a million to five hundred thousand.
Mr. Castaneda: $1,650. They are requesting from the City of Miami $1,650.
Mayor Suarez: What did the Management Trust recommend for the insurance
limits?
Mr. Odio: Denial.
Mayor Suarez: No, for the insurance limits to be a million and a half, is
that what you were saying...
Mr. Jorge Fernandez: No, Mr. Mayor, the Segundo Perez from my department,
from the insurance department, has been working with...
106 October 26, 1989
~~
Mayor Suarez: I have a very simple question. What is the insurance
requirement proposed by the Bayfront Park Management Trust, or by you or by -
whoever? What amount?
r -
Mr. Plummer: One million.
Mr. Ira Katz: We don't set the requirement, Mr. Fernandez's department does,
and it's a million dollars.
Mayor Suarez: What was the amount?
Mr. Carlos Ruiz Quevedo: Mr. Mayor.
Mr. Katz: A million dollars they requested.
Mr. Fernandez: As a matter of policy, from the Self-Insurance Trust Fund,
these activities, I believe it is a one million dollar for activities in the
park.
Mr. Plummer: Correct.
Mr. Fernandez: Activities of this nature. We have worked with them and I
believe that we have facilitated them getting commercial insurance to meet
City requirements for like around $800 now.
Mr. Plummer: Why is it here?
Mr. Quevedo: If I may address the Commission, Mr. Mayor?
Mayor Suarez: It costs us more than $800 to even contemplate this item. Mr.
Manager, what the hell's going on here as far as why are we here on an item
which has to do with a million dollar requirement versus a half a million
dollar requirement, the difference of which is eight hundred some dollars. Is
that what we're talking about?
Mr. Odio: But I am not willing to give them the $800, and they wanted to come
here.
Mr. Plummer: They want us to donate the other money.
Mr. Quevedo: If I may address the Commission. Basically, the insurance has
been resolved.
Mayor Suarez: It's been resolved?
Mr. Quevedo: The insurance has...
Mayor Suarez: Not by this discussion, but before this.
Mr. Quevedo: It has been, it...
Mayor Suarez: So we just wasted all this time.
Mr. Quevedo: I was trying to mention that but, yes.
Mayor Suarez: So what else are you here on?
{
Mr. Quevedo: OK, here's...
i
Mr. Odio: He wants $1,650.
Mr. Quevedo: Yes.
Mayor Suarez: Right now, we're going to let him speak because if we didn't
i
before, and we wasted all the time, now we're going to let him speak.
4
I Mr. Quevedo: My name is Carlos Ruiz Quevedo. I'm president of Miami Chapter,
American Institute of Architects, 800 Douglas Entrance, and the reason I'm
here is we have - this is only one event of a whole week of events that we
i have, and what we are trying to do is have an event - all tlyc events that we
have are free. We have raised over $50,000 for all the events to be free, and
{ we were coming to ask that the expenses on the park be waived, or whatever
I
1
' 107 October 26, 1989
I
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_-
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7
other way of funding could be provided so that we could cover those expenses.
We are committed to do it, and it's basically a commitment to the community,
and I would appreciate if you could assist us with it, but the way that it's
been done we had a member that made a contribution to the New World of the
Arts so that they will provide a three-hour concert there. We raised enough
monies to have a fireworks display, and we've coordinated with "Light up
Miami" to have special lighting that evening and also have a special laser
show that evening. What we wanted to do is have - ask the City to participate
in this. Now, what is the potential of this? The potential of this is that
we have both our state and our national organization looking at this because
it's the biggest function of this type that has ever been put together by a
local chapter. They're looking at this as a beginning of what this
architecture week is going to go to become a statewide event next year, and
possibly nationally the year after. There is a potential by the way that
we've organized this, that our 50,000 member organization may be able to be
brought over here for a convention dust like ASTA of which, if only ten
percent of them attend, I would say would be a great impact to the City. So,
we are committed, we're going to do it. It would be great if you can help us.
If not, we still thank you.
Mayor Suarez: It's nice to be thanked even if we don't do what you hope that
we would do. Again, once again, the Bayfront Park Management Trust
recommends?
Mr. Katz: We have no funding for this, Mayor Suarez.
Mayor Suarez: And this is not, according to Commissioner Plummer, we have
used up the 30-days that are supposed to be...
Mr. Katz: That is correct, Mayor Suarez.
Mr. Quevedo: I also want to indicate for the record that the Trust has no
authority to waive City services, that's why this particular item has come up
for your attention; such as fire, police, those kinds of things.
Mayor Suarez: Commissioners, anyone?
Mr. Plummer: Wish you well.
Mr. Quevedo: Thank you.
Mr. Plummer: Especially fighting the World Series and Ribs and Roast.
Mr. Quevedo: Frankly, we are having great attendance to all the events.
Mr. Plummer: Great.
Mr. Quevedo: OK, no action, then I thank you. If I may be allowed, I'd like
to give you a token of our appreciation to participate in "Architecture Week."
Mr. Mayor, I know you're participating in one of the sessions.
Mayor Suarez: Yes, I was going to say, I'll waive my honorarium for the night
that I'm supposed to address you. If you want, you can use that for the park,
how's that?
Mr. Quevedo: That's great.
Mayor Suarez: Very good.
Mr. Quevedo: We can use that.
Mr. Plummer: An honorarium)
Mayor Suarez: Well, the non-existent honorarium.
Mr. Plummer: Ohhhhhhhh.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: I'll waive his honorarium too which he never gets.
INAUDIBLE C0i4MENT5 NOT ENTERED INTO THE PUBLIC RECORD.
108 October 26, 1989
_~---
! -
Mayor Suarez: Very good, we appreciate it. And good luck, and I guess I'll
be there Monday night, or whenever.
Mr. Plummer: Thank you, sir. I'll take the Manager's also.
Mr. De Yurre: Where's mine?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
(Laughter)
Mr. Plummer: Have you got one very, very small?
Mr. Dawkins: Thank you, sir.
Mayor Suarez: Have a special edition, one for Ira Katz who recommended
against you; a very large one.
28. GRANT REQUEST FROM CAMACOL FOR LIQUOR STORES TO REMAIN OPEN ON SUNDAYS
DURING MONTH OF DECEMBER.
Mayor Suarez: Item 16. CAMACOL.
_ Mr. Plummer: Move it.
Mayor Suarez: Moved.
UNIDENTIFIED SPEAKER: What do they do with it?
Mr. Plummer: It's something we've done every year.
Mr. Dawkins: Oh, yes, no problem.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll on 16.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-977
A RESOLUTION PERMITTING THE SALE OF ALCOHOLIC
BEVERAGES BY LIQUOR PACKAGE STORES, NOT FOR
CONSUMPTION ON THE PREMISES (N.C.O.P.), ON ALL SUNDAYS
DURING THE ENTIRE MONTH OF DECEMBER, 1989, BETWEEN THE
HOURS OF 10:00 A.M. AND 10:00 P.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner
Commissioner
Commis Toner
Vice Mayor V
Mayor Xavier
NOES: None.
ABSENT: None.
J. L. Plummer, Jr.
M. Athalie Range
Miller Dawkins
ictor De Yurre
L. Suarez
109 October 26, 19$9
~1
NOTE FOR THE RECORD: At this point, the Administration withdrew
Item 17 from the agenda.
29. CITY COMMISSION EXPRESSES TOTAL OPPOSITION TO A FEDERAL DETENTION CENTER
IN DOWNTOWN.
Mayor Suarez: Item eighteen. How are we doing on that, Mr. Manager? Who
requested that? -a member of the Commission presumably?
Mr. Plummer: I did, sir.
Mayor Suarez: Commissioner Plummer, do you want to inquire or do you want to
get a report from the Manager?
Mr. Plummer: No, I was asking the City Attorney and the Manager to come back
and tell us what we...
Mr. Odio: OK, let me...
Mayor Suarez: Where we are.
Mr. Plummer: ...bring us up to speed and what we should be doing if anything.
Mr. Odio: Very quickly, using our Washington lobbyist, we are preparing a
trip to Washington for Matthew and a friend and some other people that...
Mr. Matthew Schwartz: From the New World...
Mr. Odio: From the New World Center Action Committee...
Mr. Schwartz: Miami-Dade and the New World School.
Mr. Odio: ...to ask the government to change the site that they propose.
Mr. Plummer: Matthew, are you going to take these up with you to try to get
your foot in the door?
Mr. Schwartz: It helps.
Mr. Plummer: Yes. That's what Victor said.
Mr. Schwartz: People remember us.
_'
' Mr. Plummer: That's what Victor said. No, Mr. Manager, are you going up to
try - what is the alternative site that you're recommending?
Mr. Odio: The alternative is that they would build next to the GSA Building
that is now being proposed. There is land available next to it. And
everybody in downtown and especially the New World Center Action Committee,
and the Miami-Dade people agree, the college, that that would be a perfect
site for that other building.
Mr. Plummer: Well, wait a minute now, hold on, I'm sorry....
Mr. Dawkins: Go right ahead, J. L.
Mr. Odio: The land that they bought is the one...
Mr. Plummer: The people that have called me, Mr. Manager, dust for the
record, are totally, totally opposed to that detention facility in downtown.
Mr. Odio: Well, I don't know who called you, but I mean...
110 October 26, 1989
i
Mr. Plummer: Excuse me, so that we understand each other. They're not saying
move it from a half a block one way or the other. The people of downtown are
opposed to it being in the downtown area, period.
Mr. Odio: OK, but I'm going to tell you that the federal government has the -
right to build there without our permission, without anything from us. They _
have the right to buy the land and to build. Now, what... ~
Mr. Plummer: So, in other words, we, as the elected representative of those
people are supposed to dust lay down and say, forget it.
Mr. Odio: No, we're not doing that.
Mr. Plummer: Because what you're doing here, in my estimation...
Mr. Odio: Is what...
Mr. Plummer: ...is not responding to the people who I represent who say, we
don't want it at all downtown.
Mr. Odio; Well, I...
Mr. Plummer: You're going up with an alternative that keeps it downtown, and
I don't agree with that.
Mr. Odio: Fine, if you don't provide the federal government with another
alternative, they're going to build it where they bought the land, and there's
nothing you can do about that. So, what we're going to try to do, and in...
Mr. Plummer: How about if we don't let them build the GSA Building?
Mr. Odio: We11, that's your prerogative, I mean, I mean, that's fine.
Mr. Plummer: Well, aha, OK, we got a little clout there.
Mr. Odio: One department has nothing to do with the other, Commissioner. I
can tell you that.
Mr. Plummer: Well, look, let me put it to you this way. In behalf of this
Commissioner, it is not acceptable to me or the people I represent, and I
think I represent all of this community, of that detention facility in the
downtown area.
Mr. Odio: Fine, we'll trans...
Mr. Plummer: And I don't want you, for my sake, going to Washington saying,
please move it from this end of the block to this end of the block.
Mr. Odio: Fine.
Mr. Plummer: I want it, if humanly possible, and the efforts of my City, to
say, we don't want it downtown.
Mr. Odio: Well, why don't you pass a resolution saying that you don't want it
downtown.
Mr. Dawkins: IQo, we're going to do better than that, OK? You said, it's
nothing we can do about it. Now, if that's a fact, case closed, no further
discussion.
Mr. Plummer: No, I'm not going to take it laying...
Mr. Dawkins: Wait a minute, J. L., wait now, wait. If that's the truth.
Mr. Plummer: He's got something up his sleeve.
Mr. Dawkins: Now, so why if there's nothing you can do about it, why are we
going to Washington in an effort to convince them to do something different
than when they can do what they want to do?
Mr. Odio: Commissioner, it's an administrative matter and we have been using
some people that have some influence in Washington to convince federal
detention group to change sites.
111 October 26, 1989
i Mr. Dawkins: But what difference does it make if it's 20 feet less or 20 foot
less or 6 feet to the right?
Mr. Odio: Fine, we don't do anything.
Mr. Dawkins: Look, I work at the college, I mean, I know everyday see, but...
all I'm saying is...
Mr. Odio: Well, we were following the requests of the college and other
people from downtown to...
Mr. Dawkins: No, OK, well, my request has been from day one, OK? I do not,
we do not, the City of Miami does not need another jail facility within our
boundaries.
Mr. Plummer: Tell them to buy the Biltmore Hotel.
Mr. Dawkins: No, no, there's Key Biscayne does not have a jail, Coral Gables
does not have a jail, Bal Harbour does not have a jail...
Mr. Plummer: They don't have any criminals.
Mr. Dawkins: See, I mean, and none of these. Now, it so happens that you got
a facility in the area that's going to complement each other, so they say, OK?
But why is it that all of the non-paying entities that do not pay taxes to the
tax base, that make no contributions at ail to our tax structure, are given to
us? And then my Manager tells me it's given to me and the people who J. L.
and I said elected us to say things they don't want, there's nothing we can do
about it.
Mr. Fernandez: The Manager has asked me to render a legal opinion which he
has accurately represented to you. It is our considered opinion that when it
comes to the United States government, the City of Miami does not stand a
chance. If the United States government decides to build...
Mr. Dawkins: Hold it right there. See, you guys throw me curves. They just
said I can't burn the flag and I'm in the City of Miami and that's the federal
government. But yet, when you want to build a building now, I can't fight the
federal government with a building, but I can't burn the flag if I want to.
Mr. Fernandez: Correct.
Mr. Dawkins: Because that's the federal government.
- Mr. Fernandez: Correct. And you can also vote out of office the people
_ you've elected to go to Washington, and you can also try to secede from the
union, and there is a number of things that we can try to do but
realistically, the way the law stands right now in the books, is that, as to
the federal government, the federal government preempts any local regulations
or local wishes in this regard. If politically you cannot find a solution by
going there, then legally we are at odds ends and we will lose.
Mr. Plummer: There's never been any question in my mind that legally, the
federal government can supersede what we have as zoning regulation. I
understand that. But I don't want you - excuse me, not you - I don't want my
Manager going to Washington saying that, hey, move it a half a block and
that's acceptable to the City. The people that are burning up my telephone
are telling me different. Now, let me tell you something, they are the same
people that elect Dante Fascell, Bob Graham, William Lehman and all the rest
of them.
Mr. Odio; I think I need to tell you this.
Mr. Plummer: And I think we need to go tell those people and with the help of
all of the others of the downtown, that we're damn unhappy about putting a
jail in the downtown area.
Mr. Odio: Commissioner, I'm caught in a bind, and I'll do what you tell me to
do, but here there was a meeting of the board of trustees of Miami-Dade
Community College, the New World School of the Arts, the Downtown Development
Authority, the Downtown Miami Business Association, the New World Action
112 October 26, 1989
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Committee of the Greater Miami Chamber of Commerce, and the Board of County
Commissioners, all have decided to ask them to relocate in the other site.
Now, you're telling me to do something different. I'll do what you tell me to
do.
Mr. Plummer: Well, I'm telling you for me. I don't speak for this
- Commission, I don't want it downtown, period, Amen!
Mr. Dawkins: And I'm saying, do not waste your time, energy and money going
up there. If you tell me the federal government can put it where they want
_ it, then I'll go on record that my constituency does not want it any place at
all, but since you have the veto power over what we want, be my guest.
Mayor Suarez: OK, anything further on the item?
Mr. Plummer: Well, let's just... wait a minute, hold it. Let me make a
_ motion. I go on record and make a motion that this Commission is totally
opposed to another jail facility in downtown Miami. I offer that as a motion.
Mayor Suarez: So moved. I thought we did that already.
Mr. Plummer: I thought we did too, but the Manager is going up now saying,
hey, I got an alternative.
Mr. Odio: Wait, wait, I - wait a minute. I am not going up. It's Matthew
Schwartz going up.
Mr. Plummer: To hell with Matthew Schwartz. Who is he?
Mr. Odio: He represents the...
Mr. Plummer: He don't represent mel
Mr. Odio: He represent the DDA.
Mr. Plummer: No, no, no, no, no.
- Mayor Suarez: Didn't we already send a resolution to this effect?
Mr. Plummer: He goes in the corner and makes these little things.
Mr. Odio: The DDA voted to switch sides...
Mr. Dawkins: OK, you know...
Mr. Odio: ...you are telling me not...
Mr. Dawkins: You know, sometimes we seem to forget things that happen. Do
all of you remember when, in some part of the north part of the County, the
federal government built a detention center of some kind, and they could not
stop them from building it? But when the neighbors and the residents got
through, it was no longer a detention center, it became a federal highway
office building or something. So, you know, you can always - so don't say
there's nothing that can be done. It's nothing can be done when we don't have
people who are creative and innovative who try to find something to do.
Mr. Plummer: Already we're missing Claude Pepper. He'd have never stood
still for it. I make a motion, Mr. Mayor, that this Commission go on record
that we totally opposed to another jail facility in the downtown business
district.
Mr. Dawkins: In the City of Miami, period.
Mayor Suarez: So moved.
Mr. Plummer: OK, I'll...
Mr. Dawkins: No, I'd like to amend it to say in the City of Miami, period.
Mr. Plummer: I'll go along with that.
Mr. Dawkins: I'll second it.
113 October 26, 1989
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Mayor Suarez: So moved. Did the mover accepts the amendment, the seconder
seconds...
Mr. Plummer: Surely, sir.
Mayor Suarez: ...and we have no further discussion.
Mr. Fernandez: And also with instructions...
Mayor Suarez: This obviously doesn't go in derogation of anything else we
might do to try to figure out a better way around this thing. OK.
Mr. Fernandez: Also with instructions to forward this resolution to all the
appropriate authorities.
Mayor Suarez: Oh, yes.
Mr. Dawkins: And do not make the trip to Washington.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-978
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
ITS TOTAL OPPOSITION TO ANY PROPOSAL THAT A JAIL OR
DETENTION FACILITY BE LOCATED WITHIN THE DOWNTOWN AREA
OF THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
30. (Continued discussion) STIPULATE ANY FUTURE RELEASE AND DISTRIBUTION OF
PROMOTIONAL MATERIALS BY THE D.D.A. MUST REQUIRE COMMISSION APPROVAL
(See label 23.)
Mayor Suarez: Item fif...
Mr. De Yurre: Mr. Mayor, while we have Mr. Schwartz up there.
Mayor Suarez: Mr. Vice Mayor.
Mr. Plummer: Ha, ha, ha, ha. You sexist devil!
Mr. De Yurre: Give us a little bit of background on this if you would.
Mr. Matthew Schwartz: Yes, sir.
Mr. De Yurre: Do you need one? Have you seen this before?
Mr. Plummer: Yes, who's brother-in-law drew this?
114 October 26, 1989
Mr. Schwartz: The firm of... this was designed by a female, for first start.
Shepard, Lovee & Costa.
Mr. Plummer: Which part of it was designed by a female? The inside or the
outside?
Mr. Schwartz: This is part of a project to produce 80,000 downtown guides.
There are 40,000 jackets, as you have there. Those jackets were funded by the
16 sponsors. We had 16 major corporations downtown, which approved the
design, which have funded the jackets. The...
Mayor Suarez: Are you saying that the Downtown Development Authority's
contribution to...
Mr. Schwartz: Authority actually paid for... money went into the...
Mayor Suarez: ...this is what is inside?
Mr. Schwartz: What is inside.
Mayor Suarez: OK, well that's...
Mr. Schwartz: And we are providing each of the sponsors...
Mayor Suarez: It's very well done, by the way, the insert.
Mr. Schwartz: But it has...
Mr. De Yurre: But before you get to the insert, you got through the outsert,
in which we're dealing with.
Mayor Suarez: I am limiting my remarks to what is inside this little -
envelope.
Mr. De Yurre: OK. Go ahead.
Mayor Suarez: I think that's it, he explained it was a...
Mr. De Yurre: That's it?
Mr. Plummer: Who approved this?
Mr. De Yurre:
up the money,
Mr. Schwartz:
Mr. De Yurre:
Mr. Schwartz:
staff of DI)A
Mr. De Yurre:
Are you telling me that this, because 16 companies downtown put
they designed whatever they want...
No, they didn't design, this...
...and goes out with the DDA approval...
This was - the design of this, the concept, was approved by the
working along with this consultant..
Uh huh...
Mr. Schwartz: The design itself, the packet, the schematic, was shown to the
DDA board. They did not pass a resolution against it or for it. There was
general concurrence, in fact I can recall, and I'll pull up the tapes, no one
had any concern and problems with the jacket.
Mr. De Yurre: OK. You tell... OK...
Mr. Schwartz: And it has gotten, in the last few days - it only came in four
days ago - it's gotten a very good reception except to the City Commission, so
I...
Mayor Suarez: Don't conclude anything about the City Commission except what
any Commissioner states.
Mr. De Yurre: You tell me what this has to say about Miami.
Mr. Plummer: Ha, ha, ha, ha, ha,!
115 October 26, 1989
Mr. Schwartz: It's a place to eat?
Mr. De Yurre: OK...
Mr. Plummer: I think it speaks highly... I think it speaks loudly about the
director of the DDA.
Mr. Schwartz: There's food?
Mr. De Yurre: Huh?
Mr. Schwartz: It's trying to...
Mr. De Yurre: No, you tell me...
Mr. Schwartz: I see that as food.
Mr. De Yurre: Well, but it doesn't say anything particular about Miami, does
it?
Mr. Schwartz: No, I think the jacket, which has the skyline and has the major
buildings...
_ Mr. De Yurre: The skyline looks great. OK? But it doesn't really say much
about Miami.
_ Mayor Suarez: Just out of curiosity, I don't really care particularly, for
myself, but, just out of curiosity, does the artist have any particular
meaning attached to the - what the Commission is showing you? -this little
insert - inside portion of this jacket?
Mr. Schwartz: I believe that the...
Mayor Suarez: Just out of curiosity, is that supposed to mean anything?
Mr. Schwartz:... intention is to create that, you know, most of the stuff that
has been turned out about downtown, you keep on seeing the skyline over and
over...
Mayor Suarez: I mean, if the artist happens to have any particular...
Mr. Schwartz: It's food. Downtown is a place for entertainment, it's a place
to live in, it's a place of diversity, living...
Mayor Suarez: Anything further?
Mr. Plummer: But where can a woman get naked like this in downtown?
Mr. Odio: Like what?
Mr. Plummer: Like what?
Mr. Schwartz: I don't want to tell you. We don't have that in the guides.
Mr. De Yurre: The 18th floor of the OmniT I don't know.
Mayor Suarez: OK, anything further of any serious nature on this?
Mr. Plummer: Well, let's do it this way. Let's...
Mayor Suarez: Commissioners, please.
Mr. Plummer: I'll make a motion at this time that the DDA does not release
any other publications that have not been approved by this City Commission.
I'll so move.
Mr. De Yurre: Second.
Mayor Suarez:
the roll.
So moved and seconded. Any discussion? If not, please call
116 October 26, 1999
Mr. Suarez: Any discussion? If not, please call the roll. -
The following motion was introduced by Commissioner Plummer, who moved
its adoption: -
MOTION N0. 89-979
A MOTION STATING THE COMMISSION POLICY THAT, IN THE
FUTURE, THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) SHALL
NOT RELEASE ANY BROCHURES OR MARKETING MATERIALS
WITHOUT PRIOR APPROVAL FROM THE CITY COMMISSION.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yui•re
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
- Mayor Suarez: Item...
Mr. Fernandez: It did not carry, correct?
Mr. Plummer: Wait a minute, how did Mrs. Range vote? Did you vote?
Mrs. Range: Yes, I voted yes, it carries three to two.
Mr. Plummer: She voted yes. It carries three to two.
Mayor Suarez: OK.
Mr. Plummer: The DDA will never release any other publications without this
Commission's approval.
Mr. Schwartz: Can I ask for a clarification? We produce a lot of material.
We produce...
Mr. Plummer: You heard the motion. No other publications without approval.
We can't trust you.
31. DISCUSSION CONCERNING CITY-OWNED PARKS - Instruct Manager to prepare
RFPs to see minimum guaranteed return to the City for managing Melreese
and Miami Springs golf courses.
Mayor Suarez: Item 19, surplus City owned land.
Mr. Odio: You requested that we bring you a list of all the properties that
we have for a discussion and whether you want to make a decision today, or if
we should wait.
Mr. Plummer: Mr. Manager, the one thing that this... Mr. Mayor, to bring you
up to speed on this. The reason I asked for this, I think that we show on the
books that we have 109 parks, am I correct?
Mr. Odio: 105 is the last number I saw.
Mr. Plummer: 105 parks.
Mayor Suarez: I thought you were closer to it, but...
Mr. Plummer: Some of these parks are nothing but a total maintenance problem.
It was my proposal that those that are not used and are nothing more than a
maintenance problem, that we consider selling that property and funnel the
117 October 26, 1989
money back into the parks to bring the other ones that are used up to state of
- the art parks. Now, the one thing Mr. Manager, in your scenario that you did
_ here for us, you didn't do, and I think it is very, very important and I would -
like to defer this until such time as you can come back. For example, I asked _
in the front of this Commission how many people knew where Steel Park was, OK?
- Now, I'm sure they ail do now, but at the time, we all drive by Steel Park
every day and nobody knew where it was. Tt's not on 22nd Avenue. It's not can
17th Avenue, it's on Bayshore Drive, OK7 And it is nothing more than an area
for scooper-poopers, all right? Now, all I'm saying to you is, that property _
is not being used as a park in any way, shape or form. To me, the smart thing
to do would be to sell that piece of property, use the proceeds of that put it
into one of the other neighborhood parks and make good park land out of it.
Mr. Williams: Commissioner Plummer, if I may, what we have before you
today...
Mr. Plummer: Excuse me, the scenario that I'm trying to come about, Ron, is
that I think the Administration needs to go out to these parks, take an
observation, are they parks that are being used by the people, or they are
not? I think that is very important, I would not want to sit here for one
minute to vote to sell a piece of property if it is being used by the people,
all right? The park on 22nd Avenue, the old fire station, right there off of
Tigertail, I don't see anybody using that park, and I drive by that thing once
or twice every day. Now, it is a very valuable piece of property. If in fact
your observation comes back and tells us that park is used by the
neighborhood, maybe it is not when I am driving by, then I wouldn't want to
sell it, but I think that we've got a lot of parcels of property that we call
parks that in fact are not parks, not being used as parks and are nothing but
a total drain as far as maintenance is concerned, so I would hope that we
could defer this to have some kind of an observation done on those that we
don't know. Many of these parks we know are used parks, OK? So I...
Mr. Williams: Commissioner Plummer, if I may explain, what we have before you
today is properties except parks. We know that you have a particular interest
- in the park area and we are going to come back to you and propose a separate
and individual discussion on parks. I would add that we are going to bring
you information that shows a variation of issues, some of which will show that
there are deed restrictions and other kinds of concerns that affect parks that
may or may not allow us to proceed with disposal, but what we have before you
today excludes parks. It is those properties separate and apart from any park
consideration and we will bring the park issue back to you separately. What
we would like you to consider today are those properties outside of the park
environment.
Mayor Suarez: Now what, did we clarify what these red dots depict of?
Mr. Plummer: Give us an example of one of them.
Mayor Suarez: Why don't you take the mike with you, Ron? I just want to know
if locations of properties that we might...
Mr. Plummer: That we own, right?
Mayor Suarez: Right, that we own, obviously and that we would...
Mr. Plummer: Start off by the one, the only one you've got in the Grove.
Where is that located?
Ms. Hirai: Ron, there is a lapel mike that you can bring.
Mr. Dawkins: What are you doing now?
Mayor Suarez: I'm asking what the dots are. They are not parks a~ it
happens, apparently.
Mr. Plummer: Tell me where the one in the Grove is.
Mr. Dawkins: What are the red dots?
Mr. Plummer: That one there.
Mr. Williams: (INAUDIBLE, OFF MIKE)
118 October 26, 1989
Mr. Dawkins: The location on what?
Mayor Suarez: Please take a mike with youl
Mr. Dawkins: Vacant what, vacant propertyl
Mayor Suarez: Mr. Williams, everybody, please take one of those little mikes
with you, the moving mikes so that we can get this recorded. Thank you!
Mr. Plummer: What is the red dot in the Grove, the only one? No, where is
it1
Mayor Suarez: Do we have an address and a general description of what it is?
Mr. Al Armada: Yes, we do. This is number two in your list, 3780 - 4th
- Avenue, and it is a single family residential lot and what we...
Mr. Plummer: Why in the hell did we ever buy that?
Mr. Armada: Let me tell you, Commissioner, that I cannot tell you why we
bought it.
Mr. Plummer: Is it vacant?
Mr. Armada: Yes, it is vacant. I think we basically got a donation on that
property. It has no deed restrictions.
Mr. Plummer: Is it a lien that we assumedl
Mr. Armada: No, I think it was donated, fee simple, to us.
Mr. Odio: The appraisal value is $9,500.
Mayor Suarez: Do we own it outright?
Mr. Armada: Right, we own it outright, there is no deed restrictions, we are
trying to get, as a matter of fact, housing to buy that from us so that in
essence...
Mayor Suarez: Some affordable housing right there.
Mr. Dawkins: Why can't we put affordable housing... look, why can't put
affordable housing unit on it?
Mr. Armada: That's exactly what we are doing. We are going to try to get
housing bond money to pay for this property.
Mayor Suarez: How big is that one, A1?
Mr. Armada: This is a single family lot. It's probably...
Mayor Suarez: Fifty by a hundred, you are talking about, or...?
Mr. Armada: Five thousand square feet, or six thousand square feet, no more
than that.
Mr. Plummer: Nobody in their right mind is going to build a new house in that
area.
Mayor Suarez: Fifty by a hundred, that's close enough. All right, what else
do we got?
Mrs. Range: No, unless it is, you know, for poor families.
Mr. Armada: OK, well, why don't we do that.
Mr. Williams: I believe the list is in your packet.
Mayor Suarez: Does any Commissioner want to inquire about any specific dots
up there? Are any of them large properties such as the one that we just
recently...
119 October 26, 1989
Mr. Armada: Well, you have to understand that there are two large properties.
The golf courses are included in here.
Mr. Plummer: What golf course?
Mr. Dawkins: Golf course? What golf course?
Mr. Armada: The Melreese and the Miami Springs.
Mr. Plummer: No, no, you said that these were properties outside of a park
use.
Mr. Odio: The golf courses we were asked to appraise and bring in. We were
asked to do that.
Mr. Plummer: Well, let me tell you something. Mr. City Attorney, before this
goes any further. _
Mr. Fernandez: Yes.
Mr. Plummer: I was told last evening that the person who gave that property
to the City of Miami for the Miami Springs golf course, there is a deed
restriction that says that it shall always be maintained as a golf course.
Would you please look into that?
Mr. Fernandez: I certainly will.
Mr. Plummer: Because if that does, that precludes all of the rest of the
conversation.
Mr. Odio: No, because the City...
_ Mayor Suarez: No, it doesn't, Commissioner. We have are way beyond that
point. In fact, there are apparently people interested in purchasing that
and operating it as a golf course with that deed restriction at...
Mr. Plummer: Oh, OK, yes.
Mr. Armada: The two golf courses were appraised on the basis of golf courses,
they were not appraised at its highest and best use for some other type of
development. They were appraised...
Mr. Plummer: Excuse me, why would you not appraise them, if the City is going
to sell them, at its highest and best use?
Mr. Armada: Well, it...
Mr. Fernandez: Because of the restrictions.
Mrs. Range: Because it's restricted.
Mr. Plummer: Well, I don't know that it is restricted, I am asking that, and
they don't know it, why did they have it appraised that way?
Mr. Armada: No, first of all, we were told to appraise them as golf courses.
Mr. Plummer: Who told you?
Mr. Armada: By my superior. We were told to...
Mr. Plummer: Then let's ask your superior. Why did you tell him that?
Mr. Williams: (OFF MIKE) They are golf courses.
Mr. Plummer: The what?
Mr. Williams: They are golf courses.
Mr. Plummer: I understand they are golf courses, but that doesn't mean that,
that is the value of the land.
120 October 26, 19$9
_.
:~
Mr. Odio: I think on the Miami Springs Golf Course, you have a limit, you
cannot build apartment houses there or anything else. You have the water...
Mayor Suarez: Well, you already said there was a deed restriction.
Presumably, that is binding on us.
Mr. Plummer: Well no, no, I think there is.
Mr. Odio: I believe if we sell it, we have to give first right of refusal to
the City of Miami Springs.
Mr. Plummer: That's the record of this Commission.
Mr. Odio: And they want to buy it.
Mr. Plummer: Well, they would like to buy it, if they can.
Mr. Odio: They want to, yes.
Mr. Williams: And Commissioner Plummer, we think it is your prerogative to
make those determinations as to what that - what that use will be.
Mr. Plummer: Yes, but Ron, you see, you build us in when you... for example,
~ let's talk to the Melreese. I don't think there is any deed restrictions on
that, OK? When you go and have an appraisal done on that as a golf course,
_ the only thing that I know that is restricting in that piece of property is
FAA, how high you can go.
Mr. Armada: And the...
Mr. Plummer: If I am going to sell that golf course, I'm going to get the
highest and best dollar for this City I can, but when you have it appraised at
a lower figure, and I'm sure golf courses come in at a lower figure, you kind
of tie the hands of this City Commission.
Mr. Odio: Commissioner, we are not tying your hands because this is not a
resolution, this is just a list of the properties.
Mr. Plummer: Tell me what the appraisal of Melreese was as a golf course.
Mr. Odio: As a golf course, Melreese was $6,000,000 and between... no wait a
minute, I'm sorry... between three point six and two point five.
Mr. Plummer: How many acres is it?
Mr. Odio: 182 acres.
Mr. Plummer: So that comes out to about how much an acre?
Mr. Odio: No, I'm sorry, the Melreese is 135 acres and Miami Springs is 182.
Mr. Plummer: Excuse me, we are speaking to Melreese. It is 135 acres,
correct?
Mr. Odio: Right.
Mr. Plummer: And you are proposing that this appraisal is how much?
Mr. Odio: The highest is three point six and the lowest is two point five as
a golf course.
Mr. Armada: As a golf course.
Mr. Plummer: And that comes in at what? - about $30,000 an acre?
Mr. Odio: You have an appraisal on something else.
- Mr. Armada: Yes.
Mr. Odio: We have an appraisal for something else if you wanted to see it,
but I didn't...
121 October 26, 1989
_ Mr. Plummer: Sure, I want to see it. I want to get the most for this City I
can.
Mr. Armada: Commissioner, our instructions...
Mr. Plummer: Well, I'm not telling you that now.
Mr. Armada:...Commissioner, our instructions were to appraise the two golf
courses, OK, as golf courses, point blank. Now, the one appraiser, OK, who
- also appraised the Melreese site, appraised it also at its highest and best
_ use, and his conclusion was that it was worth $14,000,000 after they actually
_ take out from the ground, because that used to be an old dump years ago, after
they remove all of that debris that could be there, they would still think
that, that would be $14,000,000, but...
Mayor Suarez: In the case of Melreese, you gave appraisers two different sets
of instructions. You...
Mr. Armada: No, pardon me, in the case of Melreese, as it was explained
earlier, there is no evident restriction for it be somehow something else...
Mayor Suarez: As I was saying, in the case of Melreese, you gave flexibility
to the appraiser to appraise it both as a park, or golf course rather, and
highest and best use, to use your terminology.
Mr. Armada: We did it on the other one too, Mr. Mayor. The problem with the
other one...
Mayor Suarez: I thought in that case of the other one you told us that you
had it appraised only as a golf course and I thought that we had established
it was just...
Mr. Armada: The only way that they could appraise it was as a golf course,
because the other one has some easements, some underground easements for the
water and it could never be used for anything but a golf course.
Mayor Suarez: We have subsurface conditions of all sorts, so in the case of
Melreese we've only appraised it as a golf course for those reasons, as I was
saying, OK? The Commissioner was headed in that direction in his inquiry. He
wanted to get answers to those questions as to Melreese and there you have it,
I mean you have two pretty disparate valuations and presumably...
Mr. Plummer: Mr. Mayor, there is only one problem, excuse me, sir. You
cannot convince me under any circumstances, I don't have my calculator,
correct me if I am wrong, that, that property is worth $90,000 an acre and
that's all?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: What? Figure it out real quick like. It's $14,000,000 by...
I'm using the higher figure.
Mayor Suarez: Yes, it is about $100,000. That doesn't sound very high.
Mr. Plummer: $100,000? I'll tell you what. I'll pay you double right now.
This is ludicrous! We are giving this damn City away!
Mr. Odio: Who is, Commissioner? We are not selling it.
Mr. Plummer: Yes, but Mr. Manager, where I find truck with you, OK, is the
fact that you are bringing in an appraisal of three point six.
Mr. Odio: As a golf course.
Mr. Plummer: Who gives a damn?
Mr. Odio: And $14,000,000 fine, don't do it. I am not telling you to sell it
for that price.
Mayor Suarez: We are not even deciding to sell it at all at this point, but
Mr. Manager, I do have to agree with the Commissioner that $90,000 or $100,000
an acre as being it's highest and be :+t use sounds low. I don't know what it
would be.
122 October 26, 1989
Mr. Odio: We could ask for another appraisal of other independent... we are
not appraisers. We went to an outside contract.
Mayor Suarez: I'm not asking you to do that. I'm asking you to use and apply
your common sense, just like the Commissioner is trying to apply, and then
- wonder why it came out at that rate. Maybe you ought to talk to a few
realtors and see what they say, that's all.
Mr. Armada: You can't build there high-rises because of the fact that what
Commissioner...
Mayor Suarez: Are you saying that the highest and best use is very limited?
Mr. Armada: It is very limited. What the appraiser said was that there was a
lot of retail that could be done on the... as a matter of fact, N.W. 14th
Street side, a lot of single family homes, but...
Mr. Plummer: Let me tell you, I could put a hell of a shopping center on 135
acres.
Mr. Armada: He did conceive of some commercial activity in there.
Mr. Plummer: That's the twice the size of Watson Island. Twice the size of
Watson Island and you are telling me $14,000,000?
Mr. Odio: No. What I would do, I would keep the land as a golf course and
when you asked us...
Mr. Plummer: Well, the problem that you've got, Mr. Manager, as I brought to
you before, keeping it as a golf course is nice, but right now it is a total
disaster.
Mayor Suarez: In what sense?
Mr. Plummer: Have you been out there? Paint, just a coat of paint...
Mayor Suarez: I asked you a question and you said it was a total disaster.
In what sense?
Mr. Plummer: The roof on the clubhouse is absolute... you are drier outside
than you are inside if it rains. The trees, I think that... did they finally
get the trees? There's trees that have been uprooted on that property for
years. The trails where they go along with the golf carts are horrible. The
place is an absolute disaster. The main play...
Mayor Suarez: The last time I was there, I was told by a Parlcs employee and
the ones that manage the golf course that it is in the best state that it has
ever been.
Mr. Plummer: That doesn't say much for it.
Mr. Odio: We are spending $400,000 now to do this...
Mr. Plummer: Yes, well I...
Mayor Suarez: Is that what our net loss is, from operating that?
Mr. Odio: No, we have made $117,000 profit.
Mayor Suarez: OK, so we are making $170,000, using it as a golf course...
Mr. Odio: $117,000.
Mayor Suarez: ... and presumably, we do give some preferential rates to the
City residents, don't we?
Mr. Odio: We do.
Mayor Suarez: That's why it comes out to about $2,600,000 in value I guess.
If a private operator took it and owned it and used it as a golf course, they
could probably make a little bit more money and it would work out to be
$2,500,000 to $3,000,000, I guess, OK.
123 October 25, 19$9
Mr. Plummer: Well, I said before, you know the only way we are ever going to
know, as far as I am concerned, I would like to put out for bids, the golf
courses, both of them...
Mr. Odio: For what...
Mr. Plummer: Not necessarily, I'm going to agree that the bid, I'm going to
agree with, but as far as I'm concerned, I would love to see what interest
there is to operating those golf courses privately by private companies and
'-' let the City take a guaranteed income. I think you would be amazed to find out
what interest there might be out there. I'm interested, I don't play golf, so
nobody can accuse me of that, but I think that if we are going to have golf
courses that are ours, we should at least have decent golf courses. Mr.
Mayor, I'll tell you...
Mayor Suarez: Well, we've got as fundamental decision to make as to that
site. I don't presume cve are going to do it today, but which direction we'd
- want to go in, I mean, I don't know. As to Melreese, I think Miami Springs
Golf Course, there are all kinds of reasons why we would want to divest
ourselves of it, among them, it is not even in our geographical jurisdiction.
Mr. Plummer: We can always divest ourselves by putting it out to bidding and
let somebody else run it.
Mayor Suarez: Oh yes, oh absolutely. I'm ready to do that on that...
_ Mr. Plummer: Mr. Mayor, I would then at this point make a motion that the
City Manager be instructed to prepare an RFP for both golf courses to let the
general public come in and make a bid or proposals as to what they would like
to do, or what they could do and in a minimum guaranteed return to this City
annually. I would so move, and I want it clear from the beginning, I'm not
sure that I would vote for either or any proposals, but at least we would have
something to measure by.
Mr. Odio: I'll bring it back November 16th.
Mr. Plummer: That's fine.
Mayor Suarez: So moved. We are not approving the RFP at this point.
Mr. Plummer: No, no, no.
Mayor Suarez: Because I am not sure about Melreese. It is in the City.
Anyhow, any Commissioner have anything on that motion? Do we have a second?
Mr. Plummer: Well, he is going to do it on the 16th, worry about it, don't
worry...
_ Mayor Suarez: OK, no need to act on it. Anything further on the inventory?
This inventory has been provided to our respective offices and we presumably
have all of the information that you are giving to us now?
Mr. Williams: We believe so, Mr. Mayor, and essentially we just need your
guidance or direction as to what would you like for us to do with any of the
additional properties.
Mr. Plummer: Of the total properties that you have here, how much do you
estimate that the revenue it would bring in?
Mr. Armada: If we were to lease it7
Mr. Plummer: No, if you were to sell all of these properties...
Mr. Armada: Except taking out the golf courses?
Mr. Plummer: Yes.
Mr. Armada: About $11,000,000.
Mr. Plummer: $11,000,000? Well, wait a minute, there must be some real
biggies in there.
124 October 26, 1989
~J
Mr. Williams: I believe you got the list...
Mr. Odio: You have $1,000,000 for Watson Building. You cannot sell Fern Isle
Nursery, that's gone.
Mr. Armada: That's gone, no. We are not including that sir, in the
. $11,0900,000.
Mr. Plummer: Now, when you come back at the next meeting, OK, when you come
back at the next meeting, telling us the activity level of those individual.
Mr. Armada: I can tell you now on those individual properties, we can tell
you now, on these properties.
Mr. Plummer: The ones here?
Mr. Armada: Yes.
Mr. Odio: Here.
- Mr. Armada: On these properties.
Mayor Suarez: Commissioner Plummer, I have a feeling that if we are not going
to act on any of this today, we should all take time to review their inventory
and be ready to discuss it at a further Commission meeting.
Mr. Plummer: Fine, that's why I was putting it off until the next meeting.
Mayor Suarez: Right. ~'
Mr. Plummer: But I think it is important to know that the activity level in
each one of these pieces of property.
Mayor Suarez: Anything further from the Commission on this? Did you want to
make a statement, Julius? Please go ahead.
Mr. Plummer: First of a11, are you a golfer?
Mr. Julius Jackson: I only have a chance to play now once every two years.
I My name is Julius Jackson, 1611 NW 195 Street, Miami, 33169, and I have two
associates with me. We were aware of the desire on the part of the Commission
to start to do something with the lands that were available. We found a piece
of property... we didn't actually find it, but we passed a piece of property
at 7th Avenue and NW 11th Street, and we have a Senior Citizens in Action in
North Dade group, a nonprofit organization that would like to do something
with that land to give the Commission funds for that land of course. What we
are asking today is that you at least give us an opportunity to assess the
financing possibility. We believe we can get the financing for this, assess
the financing possibilities for a period of six months and come back to the
Commission to negotiate terms if in fact we are able to put the financing in
place. We are asking for the exclusive to do that as it would cost...
Mr. Plummer: I don't think we can do that legally without having a bidding
process.
Mr. Fernandez: Unless he is willing to take a revocable permit.
Mr. Plummer: Can't do it.
Mr. Fernandez: I don't know what land in particular he is talking about.
Mr. Plummer: Here, right here, 7th Avenue and between 10 and 11 Streets.
Mr. Jackson: The Highland Park site.
Mr. Plummer: Across from Metromover, or Metrorail. You sure we own it?
Mr. Jackson: Well, your staff said you owned it. Now, we haven't check the
records to insure that.
125 October 26, 1989
Mr. Plummer: Let's turn it over to the Administration and ask them to come
back with a report. Mr. Managerl That's all we can do. But I still say to
_ you that you, under our Charter we cannot give it to you without going out
through a first declaring it surplus, number two, going out and having at
least three bids, if not three bids, then a referendum.
Mr. Jackson: OK, I was under the impression that with 501C3 organization you
were allowed...
Mayor Suarez: Yes, well, if the County was the entity that condemned for us
and if title is still left in the County, there is an exemption that we have
taken advantage of another housing project, but I don't know if this came into
our possession that way, did it?
Mr. Plummer: The Administration says we don't know if we own it.
Mayor Suarez: Oh, that has applied to a couple of situations like the...
Mr. Dawkins: Scattered site.
Mayor Suarez: Exactly, scattered site housing programs that we've got that
were acquired through the County's condemnation proceedings and they have an
exemption such as you described. Since the land is still, the title is still
vested in them, even though we disposed of it, we've been able to get around
kiaving to go to competitive bidding to deed it to worthy nonprofit groups that
we think will build affordable housing there, so you might... but we ought to
check it out and let you know.
Mr. Jackson: Thank you very much.
Mayor Suarez: Don't by the way, if by any chance this site doesn't work out,
don't despair of building affording housing in the City because we've got
other sites and other projects that are somewhat stalled, you know?
Mrs. Range: Mr. Mayor, did you say that that property is on 7th and 11th, 7th
Avenue? - just across from the Metro station?
Mr. Jackson: Yes, Ma'am.
Mrs. Range: You might look into the annals of the Dade County School Board.
That was at one time a school.
Mr. Plummer: Highland Park.
Mrs. Range: I don't know if we've purchased that property f rom the School
Board or not.
Mr. Plummer: Now that you mention the school, we did buy it.
Mr. Castaneda: Yes, that property was brought by the City of Miami for
affordable housing from the School Board, and I believe that the funding
source was housing bond funds. No, I think we actually paid hard cash, and I
think it was paid with housing band funds, if I recall.
Mr. De Yurre: So where are we at with this property?
Mr. Plummer: We're turning it over to the Manager to look into it and come
back and recommend.
Mr. De Yurre: OK, I think it sounds like a pretty good idea, so hopefully we
can get something going there. Thank you.
- 126 October 26, 1989
- -------------------------------------------------------------------------------
32. (Continued discussion) SCHEDULE COMMISSION WORKSHOP ON NOVEMBER 9, 1989
TO DISCUSSION METROMOVER EXTENSION (See label 17).
~ Mayor Suarez: Did we ever get to the Metromover extension? I guess it was a
lot more complicated than I expected, so there was no way to have done it
before lunch I am sorry about that, but it sounds like we have a concern about
many of the locations and right-of-way acquisitions, etc., etc. Elbert.
Mr. Elbert Waters: Thank you Mr. Mayor and members of the City Commission,
Elbert Waters, assistant director of Planning. Item 20 is a discussion item
pertaining to the Metromover extension. The City Administration will be
presenting to you certain recommendations that were made by Dade County =
Manager regarding the alignment of the Metromover extension project and also
some staff analysis and recommendations pertaining to key policy issues that
we will be asking that you give us today. The importance of those two issues
is that the County is asking that those, the items be made today because of
their need to have them resolved by November 1st. It will be in line with the
County's and UMPTA's funding from UMPTA with regards to the project. The main
items that we have today, and there are five, but there are two that the -
County definitely would like to have some direction from this City Commission
on, and I will enumerate them from here. The first item is the Bicentennial
Park station. As it relates to the alignment, the alignment locates the
proposed Bicentennial Park station within the City owned park, which is
Bicentennial. Our Public Works Department at the moment is in the process of
planning the park which basically includes approximately 50 feet of dedicated
easement for the Metromover station.
Mr, Plummer: At what height?
Mr. Waters: We have... what height?
Mr. Plummer: Yes, what height is that coming in?
Mr. Waters: I would have to defer to the County project engineer.
Mr. Plummer: Is that ground level, is it 16 feet, is it 8 feet, 120 feet?
Dr. Carlos Bonzon: Commissioner Plummer, it is typically sixteen and one-half
feet above ground level. That is the typical height of the alignment
throughout the City with you know, some minor exceptions.
Mr. Plummer: Well, I don't want to hear what's typical, because there are
other areas of different elevations. I'm asking, and you know you are in the
park, that's my area of concern. You are saying that you think that it is
sixteen feet.
Dr. Bonzon: I don't recall exactly the height. We have provided your staff
with drawings showing the profile or the height throughout the park.
Mr. Luis Prieto: It's 16 feet over Biscayne, but it starts to elevate because
it has got to cross 395 afterwards, so it is a minimum of 16 feet.
Mr. Plummer: What advantage is it to the City to have that in the City park?
Mr. Waters: Commissioner Plummer, that particular station was offered by the
City. It falls in complete agreement with our Bicentennial Park master plan,
the proposed development that this Commission approved a couple of years ago
regarding to the Waterfront master plan. It pertains to the fact that with
that station being located in that proximity it would allow at least the
development that is being proposed for that site to really be enhanced because
of that particular station.
Mr. Plummer: Am I then to understand that the County will buy that property
from the City?
Mr. Waters: What the City staff is presenting to you is the County's request.
The County is saying specifically this, that they would like for the City to
dedicate that property for that particular station at no cost whatsoever.
127 October 26, 1989
Mr. Plummer: I'll bet they dol
Mr. Dawkins: Mr. Waters, or the County, what would be the difference in the
cost if you go where it is scheduled or if you come where it is proposed?
- Mr. Waters: OK, in the original environmental impact statement...
Mr. Dawkins: Cost of money to build or construct. Do you understand what I
am saying?
Mr. Waters: Would you ask your question again, please?
Mr. Dawkins: OK, the black part is where it is proposed, is that right?
Mr. Waters: Yes, I would have to...
Mr. Dawkins: And the yellow part is where it we're thinking about changing
it.
Mr. Waters: Yes, sir.
Mr. Dawkins: What is the total cost of the peoplemover if you put it where
the black is and what would be the total cost of it if you put it where the
yellow is, OK?
Mr. Waters: I would have to defer to the County's project engineer for that.
Dr. Bonzon: Commissioner Dawkins, let me address that. Where it is shown in
black.. .
Mr. Plummer: For the record, your name and who you represent.
- Dr. Bonzon: Carlos Bonzon, I am the project director for the Metromover
extension. I'm representing Metropolitan-Dade County. What is shown in
black, which is the way i~.; is shown in the environmental impact statement is
not feasible because the station as you can see shown on the embankment next
to the expressway, the Florida D.O.T. and F.H. W. A. have indicated in writing
_ that they will not under any circumstances permit a station on that site. On
that basis we have proposed to relocate the station. Your staff requested
that we place the station within the park, and we said we would, provided we
do get the necessary perpetual easement from the City.
Mr. Plummer: Well, you talked to the staff and they don't vote.
Dr. Bonzon: I understand that, Commissioner.
Mr. Dawkins: That is why you are here.
Mr. Plummer: I think staff should have come to this Commission and said, or
maybe that is what you are doing here today. Now, for me, for one, I am not
giving the County any more of that park. They've already chopped off a big
portion of it down at the other end for the bridge over to the port. They've
already taken that and basically chopped it in half instead of one
continuation of a park I feel sorry for them, you know, and everything
concerned, but let me tell you, you've got another obligation here to the
Grand Prix.
Mr. Waters: Yes sir, Commissioner Plummer.
Mr. Plummer: Oh it is.
Mr. Waters: We have met with various different property owners, including Mr.
Sanchez, regarding the impact it may or may not have with regards to the Grand
Prix, and as relates to that, there is no impact based upon the location of
the proposed station at that site.
Mr. Plummer: Sir, there is an impact and the impact is not necessary the long
term impact, but that of the construction period. This thing is 57 months, as
I recall, of construction.
Dr. Bonzon: That's the overall project, Commissioner.
128 October 26, 19$9
Mr. Plummer: OK, the overall projECt and 24 months of construction I assume
is reasonable.
Dr. Bonzon: I would assume that this portion will take 24 months, however, we
did...
Mr. Plummer: OK, that's two years.
Dr. Bonzon: If I may, Commissioner, we did meet with Mr. Sanchez and he has
expressed his concern that we restrain construction between the months of
December and February. We have committed to coordinate the construction in
such a way that it would not interfere with the Grand Prix at all.
Mr. Dawkins: To my fellow Commissioners, when we go to the County and we ask
the County to ease the dump fee so that we do not have to pay a higher dumping
fee and pass it on to our citizens, the County does not hear us. When I go to
the County and tell them that the Port of Miami is in the City of Miami, and
__ why don't you at least give us $5.00 per head for the citizens and all the
- tourist people who go through there to help ease taxes for the citizens of
Miami, the County does not hear me, but when the County wants something else,
they come here and we just roll over, play dead, and give it to them. Now,
Mr. Waters, you go back and tell them for Commissioner Dawkins that when the
County realizes that this is a dual operation, and that I have taxpayers
looking at me to provide certain services with the least amount of taxes, when
sit down and consider that they have to help me, then I am prepared to help
them.
Mr. Plummer: Let me ask a question. Why can't this go on the north side of
the expressway?
Mr. Waters: If I may address that, Commissioner Plummer. The north side of
I-395, there is a station, the Herald Plaza Station. With the proposed
alignment as presented by the County, the Bicentennial Park station is not
needed. We, the City Administration have requested that, that station be
located at that particular location in order to enhance our potential
development for the Bicentennial Park area. Engineering wise...
Mr. Plummer: Will there not be one down on the boulevard?
Mr. Waters: No, no...
Mr. Plummer: You are saying from 5th Street north on the boulevard, there is
no station?
Mr. Waters: No, sir.
Mr. Plummer: Excuse me?.
Mr. Waters: It is on NE 2nd Avenue.
Mr. Plummer: Right, it goes up NE 2nd Avenue.
Mr. Waters: Yes, sir.
Mr. Plummer: I mean, you are saying to me that there are no stations between
5th Street and 11th Street.
Dr. Bonzon: If I may, Commissioner, the nearest station would be, if we were
to delete this one, will be the one on 2nd Avenue and 11th Street, NE.
Mr. Plummer: In other words, it is running six blocks without a station.
Dr. Bonzon: If we were to delete this one, yes.
Mr. Plummer: Well, you see, I have to express to you that I don't think that
there in necessarily the necessity of a station for Bicentennial Park.
Mr. De Yurre: Only when the ballpark gets through.
Mr. Waters: If I may address that Commissioner Plummer.
129 October 26, 1989
----~:-
--
Mr. Odio: Well, we own the F.E.C. property which we want to develop. We want
to develop some parts of Bicentennial.
Mr. Plummer: This is not the F.E.C. property.
Mr. Odio: Very close to it.
Mr. Plummer: It's not close to it!
Mr. Odio: How far is it?
Mr. Plummer: Five blocks.
Mr. Odio: No, not the Bi... it is not five blocks.
Mr. Plummer: It's five blocks from the FEC property to this station proposed.
Mr. Prieto: It is roughly two blocks, Commissioner.
Mr. Plummer: What?
Mr. Prieto: Roughly two blocks.
Mr. Plummer: You can bet me. They are the two longest blocks you ever
walked.
Mr. Waters: If I may address that issue again, Commissioner Plummer.
Mayor Suarez: So from the north end of the F.E.C. property it cannot be five
blocks, because that's only...
Mr. Plummer: But it's not two.
Mayor Suarez: Three and a quarter.
Mr. Plummer: Because the F.E.C. property comes in at 6th Street...
Mayor Suarez: All right.
Mr. Plummer: ... and this is the equivalent of 11th Street.
Mr. Waters: If I may offer to add to this part of the presentation,
Commissioner Plummer, this Commission approved in principle the downtown
waterfront master plan which incorporated within that plan a proposed
Metromover station at that site. The Commission has approved that in
principle and what the City staff is doing is being consistent with that
approval that the Commission has so given.
Mr. Plummer: To keep the record clear, did we approve it in Bicentennial Park
or at the other location?
Mr. Waters: It is at the north end, Commissioner Plummer and it is at that
location.
Mr. Plummer: The one proposed in the yellow, or the one in black?
Mr. Waters: The one in green.
Mr. Plummer: Green.
Mr. Waters: OK, yes.
Mr. Plummer: Well, hey, you know, as far as I am concerned, let's talk about
it. Let's negotiate it. I'm still waiting to negotiate with these devils
about the fire station over there. We are talking about negotiating the dump
fees. You know, when they come here, they want everything for nothing. They
want everything for nothing! What do we get in return?
Mayor Suarez: Defer it.
Mr. Plummer: That's a good idea. Let's defer it. We'll talk about it at the
same time we talk about the fee for the fire station.
130 October 2b, 19$9
Mr. Dawkins: And the dump fee.
Mr. Plummer: And the dump fee.
Dr. Bonzon: Commissioner, if I may, we...
Mr. Waters: If I may, Commissioner. If I may, Commissioner Plummer, the
County, in order for them to be consistent with their agreement, their funding
_ agreement with UMPTA, they are required to have a final alignment to that
agency, November 1, 1989.
Mr. De Yurre: (OFF MIKE) I make a motion to deny this, so you can have your
f inal .. .
Ms. Hirai: Vice Mayor, would you kindly place your statement on the record.
Mayor Suarez: OK, is the motion applicable to... it hasn't been voted on yet.
I just want to clarify what the motion is. It hasn't been seconded yet. The
motion is to deny what specifically, Mr. Vice Mayor? - the alignment of
which...
Mr. Plummer: The green!
Mr. Waters: If I may con...
Mr. De Yurre: The green, what you are proposing, what you are requesting here
today, I move to deny.
Mayor Suarez: This is the basis proposal that you are going to have, that was
not a total of five? This is the basic one?
Mr. Waters: That is the first issue, Mayor Suarez, yes, sir.
Mr. Plummer: Oh, there is more?
Mr. Waters: Yes, sir.
Mr. Plummer: Oh, let's hear the other four so we can deny them all at once.
Mayor Suarez: The reason I say that is for exactly the opposite reason of
what you just stated. I mean, I want to caution this Commission, if we are
just going to start right off the top of our heads denying these, that a lot
of input has been taken on these.
Mr. Plummer: Not from this Commission.
Mayor Suarez: I can't say. No, that's true. I can't say that I or this
Commission has particular participated in it, but there has been many, many
hearings that...
Mr. Plummer: This is the first time this Commissioner has heard about it.
Mayor Suarez: Weli, as to the one we've considered so far, I don't you know,
really know what the problem is with the proposed alignment, I mean, you may
have some objections, but I just want to caution that this can delay the whole
project and this can have a heck of an impact on the Omni area, not to mention
the Metrorail, Metromover system as a whole and...
Mr. Plummer: Well listen, can we look at the other four?
Mr. Waters: Yes, sir. The second item was in the area of Southeast
Overtown/Park West, on NE 2nd Avenue which includes NE 11th Street and Freedom
Tower Station. The City Administration...
Mr. Dawkins: Where is that?
Mr. Waters: That's in your package.
Mr. Odio: That's 2nd Avenue including 11th Street and Freedom Tower stations
and we do not agree with the County and we have worked with them that they
closed one lane of traffic on 2nd Avenue.
131 October 2b, X989
Mr. Plummer: But Mr. Manager, you see, let me tell you where the problem is
coming. You have been working with the County and we don't know a damn thing
about it. The first time I've seen this is today. Mr. Manager, I have begged
of you and previous managers and I will in the future other managers.
Mr. Odio: This is a committee of...
Mr. Plummer: Come to this Commission and ask our opinion first. Don't ga
sending staff. out to do something, to negotiate something, and then we make
staff look like a fool.
Mr. Odio: No you don't. You can make your policy decision here and we can go
back and say no.
Mr. Plummer: But all of that work that they have done, goes for naught.
Mr. Odio: Fine, they are professionals and they are used to this.
Mr. Plummer: We11, that is not the point. They are professionals and can be
~ professionals if they follow the policy of this Commission.
Mr. Odio: Well, what you are saying is that everything we do, we come to ask
you what you want.
Mr. Plummer: You sure come here and ask for our approval in the final
analysis.
Mr. Odio: That's what we are doing today.
Mr. Plummer: Hey, that's wrong.
Mr. Odio: Well then...
Mr. Plummer: You're seeing the dissension among this Commission.
Mr. Odio: Fine, then we'll go back, but you know, this has been going on for
months and months and this...
Mr. Plummer: Has anybody else heard about this? Mr. Mayor, have you heard
about it1
Mr. Odio: No, they have not. This is...
Mr. Plummer: Have you attended any of the meetings in relation to this?
Mayor Suarez: No. There has been some mention of some of the alignments at
D.D.A., but not these that T've heard so far, right?
Mr. Odio: This is a discussion item and this all that you are discussing.
Mr. Plummer: Yes, but Mr. Manager, look...
Mayor Suarez: But we are expected to act on it today?
Mr. Odio: I'll be glad to invite you to ali the meetings that we have.
Mr. Plummer: No, no, Mr. Manager...
Mr. De Yurre: Cesar, what J.L., J.L., what J.L. is saying basically is at
least that we approve something in principle before you spend months going
into this thing.
Mr. Plummer: Then tomorrow morning we pick up that morning tabloid that says
that dirty City Commission has done it again.
Mr. Odio: No, I ...
Mr. Plummer: We didn't do it ! We don't know. This is the f first we know
about it. This is a major, major... man, let me tell you. I can imagine
Danny Paul walking across the water when you start talking about taking any of
that park,
132
October 26, 1989
,-`
Mr. Odio: Oh, he is aware of this.
Mr. Plummer: What?
Mr. Odio: He is aware of this.
Mr. Plummer: Well then he's out there walking on the water.
Mr. Odio: No, he's not, he accepted this. He has been in meetings where we
had discussions of this.
Mr. Dawkins: Mr. Manager, all we are saying is, all we are saying...
Mr. Plummer: Cesar, all I am saying is it is wrong.
Mr. Odio: I'll be glad to...
Mr. Dawkins: All we are saying is the Sunshine law prevents our discussing
this among ourselves and as 3. L. says, when we see it for the first time here,
-_ and we start to question it, we look like idiots, where if the Administration
would take the time to touch bases with the Commissioners prior to doing some
of this, at least we'd be aware of it.
Mr. Plummer: Herald Plaza Station. What do you want us to do on that one?
- Mr. Odio: We are recommending and we are asking, we have asked the County not
to close down one lane of traffic on 2nd Avenue, that instead of that, we
would recommend the following option that we would participate monetarily on a
50-50 basis for acquisition of properties needed at the station site and that
the County would participate 100 percent to acquire other dedications south of
NE 8th Street and that the...
Mr. De Yurre: Why we can't we trade off the park land for that land and they
acquire it? You know, we've got to get something in return for what we are
- giving up.
Mr. Odio: The option... let me tell you, up to now, and Carlos knows this, I
have held fast on the Bicentennial Station, that I wanted what the land is
worth. The option is simple, that I... there are many, many months of
negotiations, it is simple, the County just don't put a station there and we
can keep our land and that is an option that you have to decide. It's very
simple, either we give them the land and they put the station, or they don't
put the station there and it is your decision. That's on that issue. On the
other one, again the County has the right on 2nd Avenue to close down one lane
of traffic and put the People Mover there. It is to the convenience of the
City that they don't close that lane down, and that's why I agreed on a 50-50
for the station site.
Mr. Plummer: How much is that?
Mr. Odio: I don't know, how much is that?
Mr. Waters: That figure has not been determined as of yet, Commissioner.
Mr. Plummer: Roughly.
Mr. Waters: Roughly, two to two...
Mr. Odio: Wait.
Dr. Bonzon: Well, I cannot do it exact, Commissioner. We have estimated
worse case, based on our condemnation records from Metrorail and Metromover,
it could be as much as $2,200,000. We cannot guarantee that, of course, but
that is our best estimate.
Mr. Plummer: So you are asking this City then to come up with $1,100,000.
Dr. Bonzon: Assuming we don't get the dedications from the property owners.
Mr. Plummer: Where in the hell are we going to get the money? As I believe
the Manager who continuously cries poor mouth, where is the money coming from?
133 October 26, 1989
Mr. Odio: Where is our...
Mr. Waters: To address that, Commissioner Plummer, that particular station is
located within the Southeast Park West redevelopment area. Tax increment
funds would be used acquire that, those dedications.
Mr. Plummer: And where is the money going to come for the Performing Arts?
Mr. Odio: Well, that has nothing to do with the Southeast...
Mr. Plummer: Sure it does.
Mr. Odio: No, it has nothing to do with the Performing Arts. We are talking
about the tax increment district of Southeast Overtown, not the Omni. We have
monies in the Southeast Overtown Park West Project to pay for that. It is
your choice. The other choice is simple. They close down one lane of traffic
on 2nd Avenue, and that's what we have been trying to avoid at all costs
because we have a congested avenue as it is now, and that is one of the
avenues that goes into the port of Miami with trucks, I believe.
Mr. Plummer: Well, let me ask you a question if you know. Are you also
working on the south leg?
Mr. Odio: Yes.
Mr. Plummer: What problems are created for the City are you going to address
on the south leg?
Dr. Bonzon: I'm not aware of any problems. On the contrary, we have worked
with your staff to make sure that the south alignment does not preclude the
City's desire to extend first avenue all the way to 8th Street.
Mr. Plummer: Well, you know, here again, I guess we are going to talk about
it, but talking with staff is not the people who vote.
Mayor Suarez: Yes, and again, we get right back to the same point. Why is
this on as a discussion item here, if you expect... you are going to make five
presentations like this, recommended realignment?
Mr. Waters: Mr. Mayor, the reason that the item is before you today is one
thing, the County's funding agreement. They have to have a final alignment
established by November 1st, so there were two critical issues, one being the
Bicentennial Park Station, two being our participation in Southeast
Overtown/Park West and the proposed opening of the third lane in that area.
They need to have that answer before November 1st.
Mr. Plummer: Well, you know, I just really feel bad about that, I really do.
Here it is on the 26th day of October and you come here and tell this
Commission that we've got to make a decision in five days and if we don't
we're the bad guys. You know what I'm going to tell you?
Mr. Waters: No, sir.
Mr. Plummer: You screwed up bad.
Mayor Suarez: Mr. Manager, a workshop with the Commissioners would have been
indicated, and then the item should not be listed as a discussion item if we
are supposed to take what amounts to final action, it sounds like. Not only
that, that if we don't take it, it sounds like the County will have all kinds
of problems in carrying out the...
Mr. Waters: Mr. Mayor, it is not finalized. If I may please...
Mr. Plummer: Well, you just said November 1st was the deadline.
Mr. Waters: They have to have a final alignment.
is in place, then there are no deviations.
Mr. Plummer: Yet, five days before that deadline...
Mayor Suarez: Sounds to me like final action!
Once that final alignment
134 October 26, 1989
Mr. Plummer: ... you come before this Commission...
Mr. Odio: No, it doesn't...
Mr. Plummer: ... who has had no prior information and ask us to make that
decision. Where's the fairness in that? Where's the fairness in that? Not
only do you do that, you put it on this agenda as a discussion. Well, we are
going to discuss it, and we've discussed it. Thank you, amen) I don't
think... it is absolutely in my estimation out of the question to come here
five days before a deadline and ask this Commission to vote on something this
important. I'm not prepared to vote, I'll tell you that.
Mr. Odio: The letter from the County Manager, Carlos, you can correct me if I
am wrong, is dated October 6th and the only available Commission meeting was
today.
Mr. Plummer: Excuse me, Mr. Manager, what is the date of the letterl
Mr. Odio: October 6th.
Mr. Plummer: October 6th, is that this year?
Mr. Odio: Of 1989.
Mr. Plummer: Yes, sir, and when did the County know that, that deadline was
in November 1st of this year? How long have you known that?
Dr. Bonzon: We have known that for quite a while, sir.
Mr. Plummer: That's right! Yet today is the first time this Commission has
heard about it. It's totally unfair.
Mr. Odio: The problem is the County Commission had to approve your alignment.
When did you approve your alignment, Carlos?
Dr. Bonzon: The alignment was presented to the Transportation Committee on
October 2nd.
Mr. Odio: When?
Dr. Bonzon: October 2nd.
Mr. Odio: October 2nd, thank you.
Mr. Plummer: Yes, but tell me how much time the County Commissioners had in
advance in their committee form to go through it?
Mr. Odio: How much time, Carlos, did they have?
Dr. Bonzon: This was the Transportation's Committee. It was not the full
Commission.
Mr. Plummer: Exactly.
Mr. Odio: When did they hear it for the first time?
Dr. Bonzon: October 2nd.
Mr. Plummer: The Transportation Committee?
Mr. Odio: Yes.
Mayor Suarez: Let me see if we can, instead of arguing procedure at this late
stage, it is obviously not the ideal situation for us at all. You are saying
there are two basic issues? One is on Overtown/Park West? We have to agree
to do exactly what? Is that the rendering that we have here? Which is the
one?
Mr. Waters: It is neither one of those, Mr. Mayor.
Mr. Plummer: When was that moved off of the boulevard?
135 October 26, 1989
Mr. Waters: If you would look in your package...
Mayor Suarez: I mean, what kinds of trade-offs are involved in that
determination, if any? Or is it just simply sort of a green light that we
need to give?
Mr. Waters: The type of trade-off is this, what the Administration would want
to do is to have the three lanes intact, that's presently there with...
Mayor Suarez: On what avenue?
Mr. Waters: On N.E. 2nd Avenue between N.W. 11th Street, that corridor. I
think the proposed station as presented by the County was to eliminate that
third lane. Eliminating that third lane would impede our potential
development for Southeast Overtown/Park West because of the increase of
development in residential and commercial, we would need that transportation
corridor for that. In addition, the continual development of the port, that
N.E. 2nd Avenue is a major transportation corridor going to and from the port.
Again, I think it is important that we maintain that third lane in there for
that continued development.
Mr. Plummer: Do I not recall somewhere along the line that originally this
thing was proposed for Biscayne Boulevard?
Dr. Bonzon: That was back in 1979 sir, but that was not the alignment that
was approved by the joint County-City Commission.
Mr. Plummer: Well, let me tell you what I envisioned, OK? Of all of the work
that this City Commission has done, you are creating a Chinese wall for Park
Overtown. I mean, 16 feet in the air is the equivalent of a Chinese wall and
we were always, at least I was under the impression that going down Biscayne
Boulevard was going to be the separation from the development to the park.
_ Now, could you... envision with me, my colleagues, a 16 foot wall on 2nd
Avenue!
Mayor Suarez: But this Chinese wall, you are talking about where, 2nd Avenue
N.E.T
Mr. Plummer: Yes, sir. Just imagine I-95 running down 2nd Avenue. That's
going to be horrible.
Mayor Suarez: Well, that's very similar to what the Metromover, existing
Metromover does whenever it cuts through an avenue or street and it has
hopefully helped viable many, many parks including Bayside, I mean, I don't...
Mr. Plummer: It sounds like to me an "L" in Chicago, and I don't want and
oLu~
Mayor Suarez: It is not Overtown/Park West by the way, as we think of.
Overtown/Park West. We are like three, four blocks away from what we know now
as Southeast/Overtown first phase. I mean, we are talking almost Biscayne
Boulevard here. How far is it from Biscayne as it goes up north? - the avenue
he is referring to?
Mrs. Range: Two blocks.
Mayor Suarez: Right, that's Park West, if anything. It is not Overtown/Park
West.
Mr. Plummer: It's going to be devastating to that area.
Mayor Suarez: It has nothing to do with Overtown. This alignment was first
approved by this Commission when? When it was moved from Biscayne Boulevard
to, when you said that it had been considered Biscayne Boulevard?
Mr. Plummer: That was in '79.
Mr. Waters: That was in '79.
Mr. Plummer: I sat on that committee. That's when it was on the boulevard.
136 October 26, 19$9
Ij Mayor Suarez: It was probably your fault.
Mr. Plummer: No, we put it on the boulevard.
- f
Mayor Suarez: 1979. Well, I've got a couple of procedural alternatives here
- and County officials have been here all day. Our officials are ready to make
presentations. We can do that, I don't know how long it will take, I don't
know that we would have a favorable vote, or we can have workshops, that's one
way to do it, with the staff prior to November 1st. We could do it on a
conditional basis, if any Commissioner requests a special session to vote
after that point and approving otherwise in principle, or we could do it
hoping that... presuming that then we would have to have a special session to
give final approval. Is November 1st really that crucial a deadlinel
Dr. Bonzon: Mr. Mayor, we're already one month behind in finalizing the
schedule because of all the joint development discussion that we have been
holding.
Mayor Suarez: The perspective of certain people, you are about four years
behind, but that's...
Dr. Bonzon: Well, I cannot answer that.
Mayor Suarez: No, I know, and I don't mean to pick on you. For the benefit
- ; of the audience and un-initiated media, let me say that four years ago when I
' was first elected, we couldn't even get the relevant officials to tell us
exactly what dedicated source they were talking about and what it was supposed
to cover before this project would ever be approved, and there is all kinds of
j other stories about the famous dedicated source. In any event, this is now a
-' question of aligning Commissioners. It sounds like we would take a certain
amount of time to try to work our way through this and take vote on it, or we
could call for workshops on a voluntary basis, any Commissioner who wants to
~! give input and we otherwise would approve it subject to those Commissioners
then getting back the Manager, or we could just simply do the workshops and
then be expected to have a final special session to vote on it.
Mr. Plummer: Mr. Mayor, I for one am not prepared to vote today. I am just
'~ speaking for...
1
Mayor Suarez: I myself would, obviously I don't have to state my position, I
would have deferred to the staff on this, but I understand your position too.
Mr. De Yurre: I take it one step further. Not only I'm not ready to vote for
this today, but I am not ready to sit through any special meeting or anything
long those lines. If November 1st... we've been waiting for years to get this
done and already a month behind, November 1st or December 1st don't make much
difference to me, and not only that, then you may have your own delays, which
you are willing to accept, but you are not willing to accept this delay, and I
just can't, in good conscience, analyze this and make the right decision, one
that I'm comfortable with without taking the proper time to study it.
Mayor Suarez: Well, let's at least do this, let's at least do, let's do have
the workshops, Mr. Manager, around the time that they would otherwise expect
an answer from us, and hopefully at that time, whether the Commissioners are
present, or staff, we would have some indication to the County. Obviously it
won't be binding in any way and schedule that for November, around November
- 1st. I'll tell you, I won't be there, I will be represented by my staff, who
give me input, because I am going to defer to the Manager's staff on that. Do
you want to try November 1st, a workshop?
Mr. Plummer: I'll be out of town.
Mr. Waters: Yes, sir.
Mr. Plummer: I'll be out of town.
Mayor Suarez: We got one of the principal interested parties out of town.
When are you available in the next week or so?
Mr. Plummer: Mr. Mayor, for a workshop I am in town all of next week... no
wait, a minute, no.
137 October 26, 1989
I __ _
Mayor Suarez: November 1st is next week, isn't it7
Mr. Plummer: Yes. No, it would be the following week. It would be the
following week at best. ~
Mayor Suarez: Try for November 8th, it would be very difficult for any
Commissioners who are involved in a runoff, that's for sure.
Mr. De Yurre: Well, I'm not in town the 8th either. _
Mr. Plummer: How about the 9th?
Mayor Suarez: Try for the 9th? When are you going to be back?
Mr. De Yurre: I will be back the 9th.
Mr. Dawkins: Well, if you are going to have it the 9th, you can have it the
10th which is the regular meeting.
Mayor Suarez: No, the regular meeting is not scheduled until after the runoff
election. When is the regular meeting scheduled in November?
Mr. Plummer: No, the 16th, John.
Mayor Suarez: The 16th, the 16th.
Mr. Fernandez: Only meeting, but both City Commission sessions will be held.
Mayor Suarez: Want to try the 10th for a workshop? OK, November 10th...
Mr. Plummer: On a Friday, on a Friday?
Mayor Suarez: Do you want to try the 9th for the workshop?
Mr. Plummer: I would prefer the 9th.
Mayor Suarez: November 9th, 2:00 p.m. in these Chambers? Hopefully we'll
have some signals from that workshop and you certainly have my signals.
That's the best we can do.
Mr. Waters: If I may, Mr. Mayor, the scheduled workshop is November 9th at
2:00 p. m. at the Commission Chambers?
Mayor Suarez: Unless the Manager recommends another location.
Mr. De Yurre: How much, if any, are we supposed to foot on this bill? - the
cost of the People Mover?
Mr. Odio: We have it tax assessed, it comes out to about $7,500,000, I
believe?
Dr. Bonzon: It's $7,000,000.
Mr. Odio: $7,000,000.
Mr. De Yurre: Where is that money coming from?
Mr. Odio: From a special tax.
Mr. De Yurre: What special tax?
Mr. Odio: All the properties along side the... and including ours.
Mr. De Yurre: So you have a special taxing district for the people mover?
Mr. Odio; Yes.
Mr. De Yurre: OK, the regular taxpayer out there is not footing the bill on
this at a117
Mr. Odio: No, sir.
138 October 26, 1989
Mr. De Yurre: Correct?
Mr. Odio: Correct.
Mr. De Yurre: OK, thank you.
Mr. Odio: Well, Dade County they are paying for that, I mean, the Bonds for
Progress, or whatever.
:~ Mr. De Yurre: OK, where is that money...
Mr. Odio: The City, no.
Mr. De Yurre: OK.
Mayor Suarez: Anything further on the item? OK, we'll have the workshop on
9th at 2:00 p.m. and hopefully from that will emerge some sort of a consensus,
and our regular meeting, our only meeting in November as of now is the 16th.
Hopefully we will be able to give very definitive determination at that point
to the County to the extent that it needs it. I'm not sure in some of these
cases that it needs them, we will have to see, I guess.
Dr. Bonzon: Well, insofar as the Bicentennial Station, Mayor, we need...
I! Mayor Suarez: Yes, that one I can imagine you need because that's clearly our
property.
Dr. Bonzon: ... the determination because we can put the alignment on State
right-of-way and we really don't have to come to you for everything.
Mayor Suarez: Mr. Manager, you had mentioned something to me about that.
,; What would you want to say on that, if anything, that would be...
Mr. Odio: The choice was clear. They don't have to put a station there.
They don't need our land. We asked them for the station. So it is a trade-
off there. How much does the station cost?
Dr. Bonzon: The station is $5,000,000.
Mr. Odio: And the land is free.
Dr. Bonzon: That's why we are here.
Mayor Suarez: Why is it preferable from the County's standpoint to put it on
the park as opposed to the existing right-of-way there? Just alignment?
Dr. Bonzon: Like I told Commissioner Dawkins and have shown that diagram, the
State will not allow it, because it will preclude them from expanding the
expressway. On that basis, the City came to us and said, move it into the
park, and we said we would, provided we do get the easement. If we don't get
the easement, we just have to have the guideway going through the state
property and move the station elsewhere.
Mayor Suarez: I think the trails are rather clear there, Commissioners I
_ don't want to force anybody to vote on something you don't want to vote on,
but I don't know there is much we can do if we want this project to proceed.
Mr. Odio: And we do recommend and we have really started this issue of the
station. We do need a station.
Mayor Suarez: Why don't you... I don't know where Commissioner Plummer is,
but why don't you, I suggest to the staff, I may, Mr. Manage:, that they grab
the Commissioner who had all these questions and see if he feels any
- differently, having heard that, and I don't know who else has objections. I'd
be ready to vote on it, and in the mean time, let's go on to the next item and
j if you have any indication that at least one more Commissioner is willing to
vote favorably on that, maybe you will get three of us.
Dr. Bonzon: Today?
Mayor Suarez: Yes, I would suggest you do it right now, if it is that
important, that needed. I don't see where there is a heck of a lot of
139 October 26, 1989
alternatives to using that little corner of the Bayfront Park and it would
help any project we build there.
NOTE FOR THE RECORD: At this point, Mayor Suarez read a
proclamation presented to the New Generation of Concerned Citizens
Against Crime.
NOTE FOR THE RECORD: At this point, Agenda item 21 was withdrawn.
NOTE: AT THIS POINT, THE CITY COMMISSION CLOSES CONSIDERATION OF
~ REGULAR AGENDA ITEMS TO CONSIDER ITEMS FROM THE PLANNING AND
i
ZONING PORTION OF THE AGENDA.
33. CONTINUE TO THE JANUARY CITY COMMISSION MEETING APPEAL BY OBJECTORS OF
ZONING BOARD'S APPROVAL OF CLASS C SPECIAL PERMIT FOR PROPOSED 19-STORY
CONDOMINIUM PROJECT ("THE OASIS ON BRICKELL") - located at 2127 Brickell
Avenue.
Mayor Suarez: By the way, Guillermo, before we get too much into PZ-1, have
both sides agreed to postpone a couple of the Planning and Zoning items? - or
is that an idea of mine? - or should we make that announcement at this point?
Mr. Olmedillo: That is correct, sir.
Mayor Suarez; I think we have at least one that both sides agreed, no7
Mr. Rodriguez: There is an item that I would like...
_ Mayor Suarez: The objectors and the property owners?
_ Mr. Rodriguez: Well, the Administration would like to recommend that item
PZ...Wait, let me say first PZ-I1, we understand that the objectors and the
applicants would like to continue to the next meeting, November...
Mayor Suarez: PZ-11, is that schedule for 5:00 p.m.?
Mr. Rodriguez: That was scheduled for 2:00 o'clock, so we can take it now.
Mayor Suarez: Oh, 2:00 p.m., so we could... OK, let me make the announcement
then, and do we need a motion on that?
Mr. Rodriguez: They would like to have this continued to January 1st, after
7 : 00 p. m.
Mr. Olmedillo: After January 1st.
Mr. Rodriguez: After January 1st, after 7:00 p.m.
Mr. Plummer: Hey, if you think I am meeting on New Year's Day, you are crazy)
Mayor Suarez: No, wait, let's assume that both the objectors and the
applicants are in agreement. If they are not, we need to know about that.
Mr. Olmedillo: This is PZ-11.
140 October 2b, 1989
Mayor Suarez: PZ-11. Thank you. All right.
Unidentified Speaker: We are nearby in case you have to speak, OK1
Mayor Suarez: Yes, we are going to take a motion on that. Let the record
reflect that no one has objected to that on PZ-11 being continued. I
entertain a motion on it.
~~ Mr. Rodriguez: To the meeting of Planning & Zoning in January after 7:00 p.m.
Mayor Suarez: OK.
Mr. Plummer: So moved.
Mayor Suarez: So moved.
Mrs. Range: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
MOTION TO CONTINUE
UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER RANGE, AGENDA ITEM PZ-11 WAS CONTINUED TO THE
JANUARY, 1990 PLANNING & ZONING MEETING WITH REQUEST THAT IT BE
AFTER 7:00 P.M. BY THE FOLLOWING VOTE OF THE COMMISSION:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
34. CONTINUE TO DECEMBER 14, 1989 COMMISSION AGENDA A PROPOSED SECOND
READING ORDINANCE - amending Schedule of District Regulations of 9500 by
changing unit density cap, deleting stories, General Residential, adding
new zoning district classification: "CON. CONSERVATION", preserved for
environmentally sensitive areas, etc.
Mr. Rodriguez: Mr. Mayor, there were other items.
Mr. Plummer: What other items?
Mr. Rodriguez: There was also item PZ-14 that the staff recommends that we
continue until December 16th.
Mayor Suarez: Is there anyone here that would object to PZ-14 being
continued?
Mr. Plummer: Not...
Mayor Suarez: Other than J.L.? Let the record reflect that no one stepped
forward. OK, I entertain a motion on that. Both sides agree, or are there
two sides to that at all?
Mr. Rodriguez: This is an Administration item.
Mayor Suarez: Administration, OK1 Can't we just sort of withdraw that, no?
Mr. Rodriguez: No. This is the 9500, this is to, the one which was...
Mayor Suarez: I know what it is not. I am just asking procedurally can we
just withdraw it? No, you are saying we need a motion. OK, I'll entertain...
141 October 26, 1989
_..._.~ _ .._ ~.._._,. ___._._ ._..___..__...__,__---yi
Mr. Fernandez: I'es, to continue it.
Mayor Suarez: OK, I'll entertain a motion to continue, that's going to be the
next step.
Mrs. Range: I'll offer a motion to continue.
Mayor Suarez: Thank you, Commissioner. I'm glad somebody is being helpful
around here. J.L., do you secondl
Mr. Plummer: Miller will.
Mayor Suarez: Do you second that? - the continuance... Miller seconds.
Mr. Dawkins: Yes.
Mr. Rodriguez: Continues to December 16...
Mr. Olmedillo: PZ-14.
Mr. Plummer: Call the roll on that.
Mr. Rodriguez: Excuse me, December 14th.
Mr. Rodriguez: May I say something? To the meeting in December in which we
have Planning & Zoning items, in case you decide to combine meetings like you
have done in the past in December.
Mr. Plummer: Well, let me rectify that now. Mr. Mayor, I make a motion this
time that both of the meetings in December occur on December 14th, the Regular
agenda at 9:00 a.m. and Planning and Zoning at 2:00 p.m.
3
s
I Mayor Suarez: Wait, wait, you have had in your possession since approximately
October 5th, a memo from me that said that because we had decided only to have
one meeting in December, we are going to have a huge number of items in
December. I'm proposing that we have two meetings on the 7th and the 14th and
expecting your input, which I have gotten no negative input on from any
Commissioner.
Mr. Plummer: Fine with me. Pearl Harbor Day, we'll get them all.
Mayor Suarez: All right, December 7th and the 14th are those two days, two
sessions in December.
Mr. Plummer: T so move.
Mayor Suarez: All right and thank you. You second?
Mrs. Range: We have a motion here that you haven't even acted on yet.
Mayor Suarez: Which is the pending motion? On the continuance of the item?
Mr. Rodriguez: Of item 14 to December 14, then.
Mayor Suarez: OK, to December 14th, thank you. So moved and seconded. Any
discussion? If not, please call the roll.
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION N0. 89-980
A MOTION TO CONTINUE AGENDA ITEM PZ-14 (PROPOSED
SECOND READING ORDINANCE AMENDING THE SCHEDULE OF
DISTRICT REGULATIONS OF THE ZONING ORDINANCE BY
CHANGING THE UNIT DENSITY CAP UP TO 40 UNITS PER NET
ACRE AND MAKING OTHER CHANGES) TO THE COMMISSION
MEETING PRESENTLY SCHEDULED FOR DECEMBER 14, 1989
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
142 October 24, 1989
_ _ _
-- --
-~~ -
AYES:
NOES:
ABSENT:
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor. De Yurre
Mayor Xavier L. Suarez
Commissioner J. L. Plunvner, Jr.
None.
35. RESCHEDULE REGULAR AND PLANNING & ZONING CITY COMMISSION MEETINGS TO
TAKE PLACE ON DECEMBER 7 AND 14, 1989, RESPECTIVELY.
Mayor Suarez: OK, as to the two dates in December, as long as we are on that.
Mr. Plummer: So moved.
Mayor Suarez: So moved. Do you want to second the two hearing dates in
December?
Mr. Dawkins: Second.
Mayor Suarez: Thank you, Commissioner Dawkins seconds. Call the roll on the
two hearings in December.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-981
A RESOLUTION RESCHEDULING THE FIRST REGULAR CITY
COMMISSION MEETING IN DECEMBER, 1989 TO TAKE PLACE ON
DECEMBER 7, 1989, COMMENCING AT 9:00 A.M., AND
RESCHEDULING THE SECOND REGULAR CITY COMMISSION
MEETING IN DECEMBER, 1989 TO TAKE PLACE ON DECEMBER
14, 1989 AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
143 October 26, 1989
-~~ ~
36. (A) MAYOR SUAREZ PRESENTS THE KEYS TO THE CITY TO REPRESENTATIVES
OF THE BALTIMORE ORIOLES.
(B) APPROVE RENEWAL OF CONTRACT WITH BALTIMORE ORIOLES, AS
PRESENTED.
-------------------------------------------------------------------------------
~ Mr. Cesar Odio: Mr. Mayor, we have here the general manager of the Baltimore
Orioles. If his name is Ronald Hammond.
Mayor Suarez: Mr. Manager, I think you had wanted to make a statement as to
' maybe the general manager is going to make the statement as to another 30
years of contractual relationship with the Baltimore Orioles, not to mention
the fact that they are going to move the actual franchise to Miami, etc.
Mr. Ronald Hammond: Thank you, your honor. Thank you very much, your honor. '
Certainly all of us with the Baltimore Orioles are indeed happy to announce -
that we are returning to Miami for 1990 with an option for 1991. This past -
spring of 1989 was indeed very pleasant and a great start towards an
outstanding season in Baltimore. So we are very grateful to the City of Miami -
for welcoming the Baltimore Orioles back again. This fine relationship dates
back to 1959 and we are indeed happy to see it perpetuated once again. -
Mayor Suarez: Thank you very much. We had intended to give you the keys to
the City but I guess since we always like to cross all the " T's", dot all the
'I's" we first want you to sign that lease and we'll give you the keys to the
City and to the stadium. Carlos, do you want to say something?
Mr. Carlos Garcia: Mr. Mayor, we would like to ask the Commission at this
time if you would approve us signing the agreement for next year.
Mr. Plummer: What approve? Where's the contract?
Mr. Garcia: We have a letter agreement that the Manager...
Mr. Plummer: Where is it? You asked me to vote on something I haven't seen?
Mr. Odio: These are the same terms that...
Mr. Plummer: May I see the contractl
Mr. Odio: Sure.
Mr. Plummer: As soon as I've had time to read it over, I'll be glad, but
other than that, you know, I don't think you can ask me to vote on it. This
is identical to the contract they've had previous to this?
Mr. Odio: Yes, its a
Mayor Suarez: Well, let's go ahead and take a vote on the resolution approve
on the same terms as prior years. It's essentially the same terms as
recommended by the Manager. Do you have a motion?
Mr. Plummer: So moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll before
he signs it.
144 October 26, 1989
-~~ -
i ~ ~ -
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-982
A RESOLUTION APPROVING THE USE OF THE MIAMI BOBBY
MA))URO BASEBALL STADIUM BY THE BALTIMORE ORIOLES
BASEBALL TEAM FOR ITS 1990 SPRING TRAINING SEASON
UNDER ESSENTIALLY THE SAME TERMS AND CONDITIONS AS
EXISTED FOR SAID USE DURING THE 1989 SPRING TRAINING
SEASON AND BASED UPON THE CITY MANAGER'S
RECOMMENDATION; AUTHORIZING THE CITY MANAGER TO
EXECUTE A LETTER AGREEMENT, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND SAID
ORGANIZATION FOR THIS PURPOSE, WITH THE OPTION ON THE
PART OF THE TEAM TO EXTEND SUCH USE DURING 1991.
(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 M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
- Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Very good. I guess that will show you how interested we are in
your staying in the City.
37. CONTINUE TO JANUARY 25, 1990 COMMISSION MEETING PROPOSED FIRST READING
ORDINANCE REPEALING ZONING ORDINANCE 9500 AND SUBSTITUTING THEREFOR "THE
NEW ZONING ORDINANCE OF THE CITY OF MIAMI".
Mr. Rodriguez: Mr. Mayor.
Mayor Suarez: Yes, go ahead.
Mr. Rodriguez: I believe there was also item number PZ-17 in which we have a
lot of letters that have been received to try to get this item continued to
January...
Mayor Suarez: Which is PZ-17?
Mr. Rodriguez: It is a new zoning ordinance, and I believe there has been a
letter also from the Planning Advisory Board that has been delivered to you.
Mayor Suarez: I do recall receiving a request from the Planning Advisory
Board to postpone once again the final approval of the new revised and
improved 9500. Do the citizens groups that I see out there basically... how
many capacities are you involved in this now? Aren't you also on the Zoning
Board? Just a citizen, he says. All right, is there anyone opposed to that
continuance on PZ-17? Let the record reflect that no one has stepped forward.
I'll entertain a motion to continue that also until December 14th.
Mr. Rodriguez: No, this one, the request was to continue until January
Planning and Zoning meeting.
Mayor Suarez: Which we don't know at this time what date it is?
Mr. Rodriguez: Which I believe is January 25th.
145 October 26, 1989
Mayor Suarez: 25th, unless otherwise changed later. OK, I'll entertain a
motion to that effect on PZ-17.
Mr. Dawkins: So moved.
Mayor Suarez: Moved and...
Mr. Dawkins: Second.
Mayor Suarez: Second, Victor? Seconded by the Vice Mayor. Call the roll on
that continuance.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION N0. 89-983
A MOTION CONTINUING CONSIDERATION OF PROPOSED NEW
ZONING ORDINANCE FOR THE CITY OF MIAMI TO THE
COMMISSION MEETING PRESENTLY SCHEDULED FOR JANUARY 25,
1990.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote;
AYES: Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
38. DENY PROPOSED FIRST READING ORDINANCE TO CHANGE LAND US E DESIGNATION
OF 201 & 203 BEACOM BOULEVARD - from Duplex Residential to Restricted
Commercial (Applicants: Drs. Leonardo M. & Teresa J. Allende).
Mayor Suarez: Yes, PZ-1, I'm sorry, counselor?
Mr. Olmedillo: PZ-1 and PZ-2 are companion items. The plan amendment is PZ-
1, the zoning change is PZ-2. What the request is to change from duplex
residential to restricted commercial on that particular piece of property, 201
and 203 Beacom Boulevard. The Planning Department is recommending denial.
The Planning Advisory Board recommended denial of the application. The Zoning
Board recommended denial of the application. We feel that this is an
intrusive use into to the area. This morning we received a covenant and the
covenant reads that the use that they are seeking is only for professional
offices. However, since we received this only this morning, I would like the
applicant to address such a restriction.
Mr. Fernandez: We have not had time to fully review this covenant.
Mr. Plummer: Mave to defer.
Mr. Traurig: Mr. Mayor, I address you on the subject of deferral?
Mr. Plummer: I haven't got a second, so you might not have to. Mr. Mayor,
the City Attorney has indicated that they have not seen the covenant that has
been proffered and I moved to defer. It has not received a second.
Mayor Suarez: Well, we have objectors too, right? The motion to defer would
sort of thwart their ability to give us input.
Mr. Plummer: All right, well let me ask a question then. Is that possible
you can read that covenant between the first and second reading?
Mr. Fernandez: Yes.
146 October 25, 1989
-~
Mr. Plummer: OK, then I'll withdraw my motion.
Mayor Suarez: OK, go ahead, applicant.
Mr. Traurig: Thank you, Mr. Mayor. For the record, my name is Robert H.
Traurig, I'm an attorney with offices at 1221 Brickell Avenue. I am here with
Dr. Leonardo Allende who is the owner and intends to utilize subject property
for a professional office for himself and his wife if this Commission were to
approve this application. I'm also joined here by Carlos Ruiz who is the
architect for this project. He's the gentlemen who gave each of you the tee-
shirts a few minutes ago. In addition to their presence here, we have a number
of neighbors who have come here to support the application. We appreciate your
hearing it today because it's difficult for them to come a number of separate
times. The property which is the subject of this hearing which you can see on
your map colored in yellow is the property on the east side of Beacom
Boulevard at the corner of 2nd Street whose address is 201 Beacom Boulevard.
It's an isolated parcel, actually. It's a parcel of property which is
presently constructed with a single family/duplex home. It could be used for
one or the other and on which we have done a considerable amount of study to
determine that there would be seven parking spaces on site. I think that's
very important and I think the architect will address that in just a little
while. But before I give you the details of my presentation, I would like him
to demonstrate to you what the neighborhood zoning conditions are and such
other things as he thinks might be pertinent for your evaluation as to the
applicability of either the RO district or the CR district. Now, we requested
a zone change to CR-3/7. The 3/7 is not important in this instance because we
intend to keep the house in its present condition, but we need to change the
zoning classification so that some form of commercial which could accommodate
the professional offices would be placed on that property. We could utilize
the RO district although the application was made for the CR district. I
think the staff, or the City Attorney's office has made a determination that
it is more logical to have the CR-3/7 with a covenant limiting the use than
the RO district, because we are contiguous to existing CR's and therefore
because we have less than 200 feet of frontage, we can have the CR, but there
would be a question as to whether the RO would be applicable.
Mayor Suarez: Where are you contiguous to existing CR's?
Mr. Traurig: Immediately to the north.
Mr. Fernandez: And in our mind, Mr. Mayor, there is...
Mayor Suarez: Immediately to the north I see a very wide boulevard.
Mr. Traurig: It's not a wide boulevard. The street to the north...
Mayor Suarez: Beacom Boulevard is not pretty wide at that point?
Mr. Traurig: That's to the west.
Mayor Suarez: Where is this immediately to the north contiguousness that I
keep hearing about?
Mr. Traurig: If Mr. Olmedillo would move his pencil a little bit further up,
that filling station is across the street to the west and the...
Mayor Suarez: Sir, to the north... to the northeast, it looks like.
Mr. Traurig: The property immediately to the north is zoned in the CR
district. We are therefore contiguous to the CR district. We are in an area,
as Mr. Ruiz will demonstrate to you, has been predominantly commercial from
Flagler Street to 2nd Street with...
Mayor Suarez: But presumably, Bob, the lot right next to the ones in
question, right adjoining it, are also residential, right, zoned residential?
Mr. Traurig: They are residential, but if you will note from the photographs
which we will show you, our house orients towards the gas station which is on
the other side of Beacom Boulevard and we really are not influenced by the
residential as much as we are by the commercial on Beacom Boulevard.
147 October 26, 1989
- ~~
Mayor Suarez: I wonder how that gas station across the street ended up being
commercial over there? - nonconforming, grandfathered?
Mr. Olmedillo: That's been there for years.
Mr. Traurig: That's been there since...
Mayor Suarez: So even that is actually zoned residential then?
Mr. Olmedillo: That? The gas station is zoned residentially now.
Mayor Suarez: Right. Is that that one that is not in very good shape, pretty
abandoned? Is it functioning at all?
Mr. Olmedillo: It is functioning, but it...
Mr. Traurig: That gas station which has been there, to my knowledge, for
about 50 years is...
Mr. Plummer: It was there when I went to high school.
Mr. Traurig: It was there when I walked along that same route and I remember
that gas station from when I was a kid.
Mayor Suarez: Love to see Doc ...
Mr. Traurig: So what I am saying to you is...
Mayor Suarez:... Allende buy that and put something better than what's there.
'~ Mr. Traurig: ... he intends to buy this home and to convert it into a very
small low impact professional office building for himself and his wife. He
actually is, and he will testify himself, he is actually staff at Jackson-
I Memorial and would utilize this only during the evening hours and he does hair
transplants and he doesn't impact the neighborhood and he doesn't generate a
lot of traffic, and we have enough traffic on site, I mean enough parking on
site, to accommodate the needs of this particular building. This building is
about a little over 2,0900 square feet. If you apply the 450 square feet per
parking space to this, we would have to have approximately five spaces under
your Code, and we have seven spaces, so the neighbors who will say that we
will have an adverse impact on the parking situation in the neighborhood have
failed to take into consideration that we will have enough on-site parking to
accommodate all of the patrons to this establishment. Mr. Ruiz will
demonstrate that to you as well.
Mr. Plummer: Who owns the property now?
Mr. Traurig: The applicant does, Mr. Allende.
Mr. Plummer: Oh, you said he was going to buy it if it was approved.
Mr. Traurig: No, he was going to utilize it for professional offices if
approved. He has already bought it. He hopes that you give him the
opportunity to have his office on the site, but he is the owner of the
property.
Mr. Plummer: How long ago did he buy it?
Mr. Traurig: Eight years ago, he said.
Mr. Plummer: Has he used it for his residence?
Mr. Traurig: Mr. Allende, would you put your name and address for the record?
Dr. Leonardo Allende: I'm Dr. Leonardo Allende, and I live in 2303 NW 7th
Street, and that has been, the duplex, has been my property, it is going to be
eight years and before it was rented.
Mr. Plummer: But do you live there as your residence?
Dr. Allende: No.
148 October 26, ,1989
3 Feria°~'" -
Mr. Plummer: Well, where is your residence?
Dr. Allende: As I stated, it is 2303 NW 7th Street.
Mr. Plummer: OK.
Dr. Allende: And this one is 203 Beacom Boulevard.
Mr. Range: Mr. Traurig.
Mr. Traurig: Yes, Ma'am.
Mrs. Range: You have in this area at this particular time some nonconforming
businesses in the area, do you not?
_. Mr. Traurig: I can't say whether there are any except that gas station at the
present time,
Mrs. Range: The gas station.
Mr. Traurig: Yes, but if you go from Flagler Street south to the trail, you
will note that there are institutional uses, a police station, a fire station.
There are also shopping facilities. There are also some offices, so this
street has already obtained a character of a commercial street, particularly
the north part of it, from 2nd Street to Flagler Street. We don't think that
in any way this will affect the character of the neighborhood.
Mr. Plummer: Would you swear in all of the witnesses that are going to
testify at the zoning matter, please?
Mr. Traurig: OK, would those people who came here with Mr. Allende stand and
raise your right hand?
Mr. Plummer: Only if they are going to testify, Bob.
Mr. Traurig: Well, I'm not sure who will testify at this point.
Mr. Fernandez: On both sides of the issue, Ms. Hirai.
Mr. Plummer: If you objectors, you have to be sworn in if you wish to speak. _
Mayor Suarez: Are you going to testify again?
Mr. Carlos Ruiz de Quevedo: Yes.
Mayor Suarez: Why don't stand up and be sworn in. i4adam City Clerk, would
you administer the oath?
_ (AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mr. Plummer: That includes you, Mr. Traurig. Thank you, sir.
Mr. Traurig: Yes, I swear I would like to introduce Mr. Carlos Ruiz to you
again.
Mr. Carlos Ruiz de Quevedo: Again, my name is Carlos Ruiz de Quevedo, I am a
principal with the Russell partnership. And what I'd like to bring up to you
is - as many of you are familiar with the area, basically Beacom Boulevard has
- got the character of a major arterial road. At the same time, you have nodes
- of activities that are commercial in nature. The street is also sprinkled
with other activities throughout. You have the new police substation, that is
right at the intersection of Flagler and Beacom Boulevard. These areas are
commercial and here there is a sprinkle of commercial and with some
- residential uses, but the area is actually zoned for commercial uses. The
property in question is right here, the intersection of SW 23rd Avenue, Beacom
Boulevard and SW 22nd Street. These areas are basically multifamily uses that
are within this area. Sprinkle it again within a certain area you have the
fire station about halfway down the road on Beacom Boulevard. Further down
_ you have a church with day care center. Right across the church there is a
small dentist office. As you come and approach 8th Street it again becomes a
major commercial node. As you look at the area and these are some photographs
149 October 26, 1989
of the area, this is the property itself, again, a view to the south from -
Beacom Boulevard and a view to the east from Beacom Boulevard to the property =
in question. This is the view right across the street. This is the service
station that you've been discussing and this is right across the street from --
the property. On Beacom Boulevard, looking in the southwest direction you see
again the commercial note at that end and if you look in the opposite -
direction you start beginning to see the commercial uses in the opposite end.
What we are basically trying to emphasize here is the fact that the street
does have a major commercial emphasis. However, the point that is trying to be
made here is that this use, as we are trying to utilize here, is an ideal use
to be able to transition into the residential area. You have, the property
will allow ample parking to be able to take care of the needs of the use.
This is the property, the duplex, 201-203, this is Beacom Boulevard, SW 2nd
Street, SW 23rd Avenue. As you can see, we can actually have ample parking.
As it was indicated, all that this property needs is five parking spaces. We
can actually accommodate seven parking spaces, including handicapped spaces as
may be needed. The use as has been indicated is not one that requires a lot _
of traffic or requires a lot of parking, so from that point of view, I think
that it does not adversely affect the area. Furthermore, as it relates to the
uses surrounding, it actually is a type of transitional use that will actually
benefit the area. So in conclusion, as I see it, it does not present any
problem from the side of parking. It is a use that actually will be _
transitioning from a commercial, a heavier commercial use to a residential use
in a very nice manner and from appearance sake, it actually will be improving _
the appearance of the area. Bob.
Mr. Dawkins: Bob, did you say sir, that it would have seven parking spaces or
it could accommodate about seven?
Mr. Ruiz de Quevedo: It will have seven parking spaces.
Mr. Traurig: You noticed that there were a number of people who stood to be
sworn in. These three nice folks in the front row are opponents. Everybody
who stood and took the oath is here in favor of the application. They are all
neighbors. And I would like to indicate to you that in addition, we are going
to deliver to the City Clerk a letter from Marsha Lopez who lives at 2275 SW
2nd Terrace, and you'll be able to note from the addresses that these are in
very close proximity to this property. Edilia Arencibia at 2255 SW 3rd Street;
from Sotero Puig, at 2354 SW 3rd Street; from Alfredo Alvarez who lives at
2280 SW 2nd Terrace; from Elisa Herrera, 2284 SW 2nd Terrace and Modesto Ramos
at 190 SW 23rd Avenue. I would ask all of the people whc are here to support
the application to very quickly tell us where they live, just your addresses.
Unidentified Speaker: I live 2274 SW 2nd Street.
Mr. Traurig: And you, sir?
Unidentified Speaker: Can I say something else? (OFF MIKE)
Mayor Suarez: OK, sir, if we are going to have you address the Commission,
you are welcome of course, but you'll have to step up to the mike. OK, Bob,
anything?
Mr. Traurig: OK, I would merely say that most neighbors favor, some are here,
some are represented by these letters, that the development of this property
for the medical offices is actually a neighborhood improvement. It helps, not
impairs neighborhood stability and we think that if you would listen for just
a moment to these neighbors, you would see that they really strongly support
the application. We'll make it very quick, we recognize the hour.
Mr. Arnaldo San Martin: My name is Arnaldo San Martin. I worked with Dade
County for 20 years. I am a close neighbor to Dr. Allende.
Mr. San Martin: Then I was the third person I think. I recommended to Mr.
Allende when he bought the place next to mine to open an office there, why
not? We need this there. If they go ahead now and have only seven parking
lots, my duplex is already to give to Mr. Allende if needs more space,
I'm ready to give my space to Mr. Allende...
Mr. Traurig: Thanks very much. One last thing. We have prepared and
delivered to staff a restrictive covenant which Mr. Fernandez discussed with
you. I would like to just say to you very briefly that it provides that the
150 October 26, 1989
owners voluntarily covenant agree that the property shall be used solely for =
professional offices or any other uses permitted in the RG-1/3, which is the -
present zoning, general residential zoning district. Furthermore, our parking
for the use shall be accommodated on site. We thank you for your cooperation.
Mr. Plummer: Does the covenant say anything about he shall be the only... he
and his wife the only physicians there?
Mr. Traurig: It does not, but we'll be happy to add that to it between first
and second reading, sir, that no other physicians would utilize this property. _
We would also limit it solely to them for the future, so that you can revisit
- this in the future, if that's your desire.
Mayor Suarez: If the property were conveyed. OK, the objectors.
Mr. Eduardo Gonzalez: My name is Eduardo Gonzalez, I live at 2238 SW 2nd
Street. For one, he said he bought that property eight years ago. He did
not. My neighbors said that that property was for sale about two years ago,
so we estimated he bought it about two years ago, not eight. OK, another
thing, he's already the property so I guess he is that sure he is going
to get his approval, OK?
Mayor Suarez: He has already done what? I'm sorry?
Mr. Salas: See, she's already taken that property, so I guess he's more sure
_ that he's going to get it. My concern is not that... my concern is that I
_ don't want... if you noticed that area, it's only about six blocks left that
is residential, that's it. We want to keep it that way. I mean, we got all -
22nd Avenue, we got 2nd Avenue, I mean 2nd Street, Flagler. We have
commercial everywhere. All we have is Beacom Boulevard left that's
residential. We would like to keep it that way. I don't want to know that
his property went up in value because it's a perfect spot for commercial, so _
once he changes his property went up. What happened to my property? I mean,
who wants to buy a house which is zoned commercial all around it7 I mean,
-' that block of itself only has about eight houses and that's it, you know, ~
and...
Mayor Suarez: Maybe you can respond to this. One of theories, I guess of _
planning is that if you have a fairly unstable community, which seems to be
changing, as you're indicating that that one is, if you don't adjust the
zoning, it will actually help to do what you said, to have further
- deterioration. I'm generally inclined to vote against anyone who wants to
rezone from residential to commercial because I think if you bought in that
area, you are entitled to have the same character preserved, but when it's -
beginning... when the area is unstable it worries me that what he is planning
to build there might actually be better and nicer looking than some of the
other things we've seen including that nonconforming use across the street, of
course it is nonconforming. _
Mr. Olmedillo: Let me correct the record on that. I pointed at lot 24
instead of lot 25. Lot 25 is zoned CR-3/7 which is commercial, which allows
the gas station.
Mayor Suarez: So there is a commercial zoning across the street...
Mr. Olmedillo: Across the street, that is correct, sir.
Mayor Suarez: ... in a sort of westerly direction, I guess. Or east, yes,
westerly.
Mr. Salas: Yes, if notice, that corner where the gas station is, that's
disgusting. You know, and...
Mayor Suarez: Yes, it is not in good shape at all, it's not very attractive,
it's...
Mr. Salas: ... OK, if he get's commercial and the then the guy next door
decides he wants to make his commercial and who knows what's going to end up
coming around that area. We want to keep it residential and who knows what is
going to end up coming around that area. We want to keep it residential. I
told that to the other committee and they felt that we should keep commercial
151 October 26, 19$9
- and residential residential. I mean, he got, there's plenty area on 2nd
__ Street that he could rent from, if he wanted to, and keep that duplex as a
duplex and rent it out. I mean, it's not going to depreciate, he's going to
get his money out of it, plus he's got rent coming out of the property, so
he's not losing any money. He could rent someplace else and if it doesn't
work out, he could break his lease and go someplace else. I mean, when the
f'ispanic library it is right across the street. It's a perfect spot.
Mayor Suarez: Do you have the same objections to the idea of changing to
residential office, if you know what that means?
Mr. Fernandez: Mr. Mayor, point of order here. Notwithstanding the fine
presentation made by Mr. Traurig, it is my opinion that while it is your
option to grant or deny the residential commercial, you have no option to
consider the residential office.
Mayor Suarez: I got you. So that question, isn't really particularly
relevant. All right, anything else?
Mr. Salas: Well, that's our main concern. I mean, it starts... if you are _
familiar with 49th Street, Hialeah, the east side was residential, the west =
side was commercial. Go to 49th Street, Hialeah now. On the east side, it is =
converted and we want to keep it that way, it is only five blocks left and we -
want to keep those five blocks the way it is. It's looks nice that way. I -
mean fireplace is perfect. Who doesn't want a fireplace next to their home,
you know?
Mayor Suarez: That side of the street is significantly more attractive than _
the other side, I agree with you.
Mr. Salas: You know, and if you ride to 22nd Avenue it looks disgusting, it's
all commercial. Ah, commercial is going to make it look better) Drive to
22nd Avenue, you tell me that looks better than Beacom Boulevard. No, it
doesn't! You can't even, I mean, they got an auto parts store right there on
the corner. You cannot even drive on the right hand side, the middle of the
day, because people park in front of the auto parts store to get their
supplies, because they don't want to use the parking lot on the side, so you
can't even drive through there. You got the gas station on 22nd Avenue, which
is the other side. You can't even make a right hand turn there, because they
got cars all over the place there. The gas station looks disgusting across
the street. You got those restaurants, they're disgusting. Maybe at first it
looked nice when they built and everybody thought about them, but they are not
maintained and my concern is, he may maintain his, but how about the guy next
door that sells his property and they make something out of it. The little
shopping center across the street, where he pointed next to the gas station,
it is a little shopping center there. That looks disgusting, because nobody's
maintaining it and nobody is forced to maintain it and that's what we don't
want. All that area is going to turn commercial and with time it falls apart
and nobody pays attention to it. Right now we know that if they own the homes,
they want to maintain it because they don't want to lose value on their home,
and that's what I am concerned about.
Mayor Suarez: OK, thank you for your statement. Anyone else on the objector's
side? Anything else, counselor?
Mr. Traurig: Yes, I'd just like to point out that his house is shown in red
there. It orients more towards 22nd Avenue whereas the subject property owned
by Dr. Allende is the property that is on Beacom Boulevard. We think that we
do not change the character of Beacom Boulevard, we're not changing the
structure, we are not changing the ambience of the neighborhood, and we will
provide for the on-site parking as indicated by the covenant in our
presentation. We urge you to approve this application. Thank you.
Mayor Suarez: Thank you.
Mr. Traurig: Doctor, did you want to...
Mayor Suarez: OK, Commissioners, Planning Department recommends denial,
right?
Mr. Olmedillo: That is correct, sir.
152 October 2b, 1989
Mayor Suarez: And the Zoning Board, or is it PAB?
Mr. Olmedillo: Both PAB and the Zoning Board recommended denial.
Mr. Traurig: No, the Planing Advisory Board recommended approval, Mr.
Olmedillo.
Mr. Olmedillo: For the record, the PAB recommended approval of a lesser
change, but as the City Attorney put on record, you don't have the ability to
grant them in this particular case a lesser change.
Mayor Suarez: They approved R0, but not CR?
Mr. Olmedillo: Right.
Mr. Traurig: But we covenanted for the uses that are permitted in the RO
district even if the district boundary change would occur to the CR-3/7, but
we limited the uses as in the RO district or the RG districts.
Mr. Fernandez: Yes, but we are not talking about uses, we're talking about
change of zoning completely.
Mr. Olmediilo: Change of zoning.
Mr. Traurig: I dust wanted to correct that we do have the restricted
limitations of use.
Mayor Suarez: OK, Commissioners? Will it die for lack of interest?
Mr. Plummer: Move to uphold the Zoning Board.
Mayor Suarez: So moved.
Mr. Dawkins: Second. -
Mayor Suarez: Second. I guess this is denial of the application, is it not?
Is that a correct statement?
Mr. Plummer: Correct.
', Mayor Suarez: And to uphold the recommendations of the Zoning Board? -
j Mr. Plummer: Correct.
Mayor Suarez: Any further discussion? If not, please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
': its adoption:
MOTION N0. 89-984
A MOTION DENYING APPLICATION BY LEONARDO M. ALLENDE,
M.D. AND TERESA J. ALLENDE M.D., FOR AMENDMENT TO THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN TO CHANGE LAND -
USE DESIGNATION OF 201 AND 203 BEACOM BOULEVARD FROM
DUPLEX RESIDENTIAL TO RESTRICTED COMMERCIAL.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
153 October 26, 1989
..
.•
39. DENY PROPOSED FIRST READING ORDINANCE FOR ZONING ATLAS CHANGE AT 201 &
203 BEACOM BOULEVARD - from RG-1/3 to CR-3 /7 (Applicants: Drs. Leonardo
M. & Teresa J. Allende).
Mr. Plummer: The same on 3.
Mr. Fernandez: On 2, you mean.
Mr. Olmedillo: On 2.
Mr. Plummer: On 2, I'm sorry. two is a companion.
Mayor Suarez: Companion item, moved and seconded, denial..
If not, please call the roll.
Any discussion?
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION N0. 89-985
A MOTION DENYING APPLICATION BY LEONARDO M. ALLENDE,
M.D. AND TERESA J. ALLENDE, M.D. FOR ZONING CHANGE AT
201 AND 203 BEACOM BOULEARD FROM RG-1/3 TO CR-3/7.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
-_ Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
40. FIRST READING ORDINANCE: Amend Miami Comprehensive Neighborhood Plan
1989-2000, Future Land Use Plan Map, by changing land use designation at
approximately 3401-3417 SW 22 Terrace and approximately 2210-2248 SW 34
Avenue f rom Duplex Residential to Restricted Commercial (Applicant:
Coral Way Building Corp.).
Mayor Suarez: PZ-3, Coral Way Building Corporation, represented by someone
related to Mr. Traurig.
Mr. Olmedillo: Three and four again are companion items, 3 being the plat
amendment and 4 being the zoning change. What they seek here is a change here
from residential to CR-3/7 which is a commercial district. Today there is an
existing parking lot there which is being used by the building which is
immediately to the north of it, and this is in conjunction to that property.
You may remember that three cases already have been decided by this Commission
for a zoning change, the Planning Department has recommended approval of the
change, the Zoning Board is recommending approval of the change and the
Planning Advisory Board is recommending approval of this change. There is a
covenant submitted. Since it is a voluntary covenant, I'd like the applicant
to address the conditions there.
Mr. Plummer: Do we have a copy of the covenantl
Mr. Olmedillo: It is in your package, sir. We have some problems that we've
discussed that with the applicant and they are willing to change things that
deal with the access and the buffer.
154 October 26, 1989
Mr. Plummer: Now, that as proposed, from what I am to understand, there is
~i still one lot that is not changed on that block, is that correct?
_1
I Mr. Olmedillo: There is a lot between this particular property and the corner
of 37th...
Mr. Plummer: What lot number is not changed? Those?
Mr. Olmedillo: 19 through 23. The other ones on the block have been changed
already.
Mr. Plummer: If this one were to be approved, how many on the back of that
block are not approved, are not changed?
Mr. Olmedillo: Four lots.
Mr. Plummer: Four lots?
Mr. Olmedillo: That is correct.
Mr. Pl~smmer: And you are recommending this even in a piece meal basis.
Mr. Olmedillo: That is correct. Before we come before you with a denial with
the other cases, we feel that there is a very definite position of changing in
the character of that block by past action, which includes...
Mr. Plummer: Are you going to feel the same way all the way to the east?
Mr. Olmediilo: After 37th Avenue.
Mr. Plummer: 32nd?
Mr. Olmedillo: No, 37th to 34th. 34th to 32nd is a different case.
Mr. Plummer: OK, and how long has the owner of this property been the owner?
Mr. Olmedillo: Defer to the applicant.
Mr. Robert H. Traurig: I'll have to check that information, sir. I have it
here. The answer is six years. I would like to introduce Oscar Roger and his
father, and he has indicated to me that it is six years.
Mr. Plummer: OK.
Mayor Suarez: Let me ask if there is anyone in the audience that is objecting
to this application? And i.f so, would you please step forward? The record is
reflecting that no one has stepped forward.
Mr. Traurig: Mr. Mayor, I would point out to you...
Mr. De Yurre: Mr. Mayor, if there are none, and to expedite things, we have a
long evening, I'd move this item.
Mayor Suarez: So moved.
Mr. Plummer: Well, OK, you can go ahead and move it, but there is further
discussion.
Mrs. Range: Second.
Mayor Suarez: Seconded by Commissioner Range. Yes, Commissioner Plummer.
Mr. Plummer: Mr. Mayor, I would like to know if the applicant, what he is
going to do for the City? We are tripling the value of his property? What is
the applicant going to do for the City?
Mr. Traurig: Commissioner, we have discussed that and the applicant has
asked me to indicate that he would like to make a contribution to the nearest
neighborhood park of $5,000.
Mr. Plummer: Bob, that's almost an insult. You are going form a piece of
property of $400,000 to over $1,000,000 by the action of this Commission and
you are going to offer $5,000 for a neighborhood park? That's an insult, Bob.
155 October 26, 1989
~,
^^~e^ ~erieeeiene ___
~-,~ - ~ --- ____
Mr. Traurig: Commissioner, I would be happy to...
Mr. Plummer: No, you don't have to proffer anything.
Mr. Traurig: N0, we want to voluntarily proffer it. It has not been
requested. We would point out to you that the character of the area from 34th
Avenue to the west has already been established up to one foot from the 22nd
Terrace right-of-way line. We have offered a covenant for the same thing.
Mr. Plummer: Bob, speak to the issue. The issue is the owner paid $400,000
for the property. By action of what you are asking of this Commission, the
property is going to be worth over $1,000,000. Now, what is he going to do
for the community? That's what I want to hear.
Mr. Traurig: Sir, we will be happy to increase that contribution.
Mr. Plummer: Is this first reading?
Mr. Fernandez: Yes.
Mr. Plummer: Fine, but I am going to tell you something. You know, the
vested right, and I realize you can't conditional change of zoning and I
understand that, but let me tell you something. The vested right of that
owner is what he bought it for and what the use is that he has and as far as
I'm concerned, unless he is going to do, and this is not just your owner, this
present applicant... unless he is going to do something for this community, I
don't know why we should sit up here representing the community and say, hey,
we are going to triple the value of what you bought. I don't think that's
fair to the community.
Mr. Traurig: We'll be happy before second reading to make a new proffer to
the City.
`- Mr. Plummer: That's fine.
Mrs. Range: Mr. Mayor, I'd just like to make this comment regarding...
Mayor Suarez: Mrs. Range.
- Mrs. Range: ... the gift which is going to be given to the City. I feel it
only fair that whenever a gift is given to the City, that the giver not
designate what or where the money should be used, because...
Mayor Suarez: No. Yes, we usually make the suggestion ourselves or even
determine it. I think he was just trying to go along with our...
Mrs. Range: No, but it was stated, and I think it ought to be on the record
that it should not be done that way because...
Mayor Suarez: In fact, we could just make... we just take it and use it for
whatever we want, in which case, we ought to say that on the record at this
point?
Mrs. Range: That is correct and I continue to say because the park or
facility which the owner would like to give it to may not need it.
Mayor Suarez: It may not be the most needy, certainly.
Mrs. Range: And there are other areas that need it and I think we should all
share equally.
Mr. Plummer: And let me say to you and to other applicants that might be here
today or in the future, it doesn't have to be cash. One of the crying needs
in this community is for implementation of day care and if your owner or
anybody else wants to help furnish day care, improve day care, establish a day
care... Bob, you represented some clients who have put day care facilities in
their buildings and that is a community enhancement and I think that is very
commendable, so I am not saying that any owner has to come here and say to
this Commission, hey, it's dollars and cents, but I think it's got to
represent.
156 October 26, 1989
Mayor Suarez: OK.
Mr. Traurig: I'll discuss it with Mr. O'Hara and we will, before second
reading meet with City officials again.
Mayor Suarez: We have a motion and a second? Any further discussion? If
not, please read... are you waiting to say anything?
Ms. Yes.
Mayor Suarez: Well, speak now or forever hold you peace, Coral Gate
Homeowner's Association.
Ms. Jane Themeliopoulos: I'm Jane Themeliopoulos, 3050 SW 7th Street. I have
a property with this gentlemen is talking, giving $5,000 and my property is
being ruined. I know that I have lost, it is right on the corner of 34th and
22nd. They have put meters there and instead of parking by the meters, they
come on my property. Everybody is gaining, but the homeowners are losing.
Mr. Plummer: Which property is yours?
Ms. Themeliopoulos: On 34th and 22nd Terrace.
Mr. Plummer: Well, all you got to do is...
Ms. Themeliopoulos: 2251 and 56. _
Mr. Plummer: All you've got to do is put a sign out there and have them
towed.
Ms. Themeliopoulos: I had the sign, but nobody is paying attention.
Mr. Plummer: Get them towed. You, as a private property owner, if you so
post a sign to say you park here, you are going to be towed, just call the
company and have them towed. Now, that's assuming they are on your private
property. You cannot stop them from parking on the public right-of-way.
Ms. Themeliopoulos: No, I am not saying that. I'm saying in my property.
Mr. Plummer: In your property is your private property.
Ms. Themeliopoulos: It's a whole corner, it's in my property. It goes from
the restaurant there, from the other building there, everything is happening
right to that corner and I don't think the residential people should suffer
that much for that parking.
Mayor Suarez: Yes, most towing companies would remove it under our ordinance
that restricts the amount that they can charge and expect to collect against
the violator, the person whose car it is.
Ms. Themeliopoulos: All right, I will do that.
Mayor Suarez: But is the association taking any action or is it just on
behalf of yourself?
Ms. Themeliopoulos: Yes, they kind of help me out.
Ms. Graciela Varansategui Degarrido: Graciela Varansategui Degarrido, 3620 SW
20th Street, Miami Homeowner's Coalition. We try to fight any commercial
intrusion of residential in the City of Miami and we see this as commercial
intrusion. The character of the block has been changed because of the
commercial use and we object to it strongly. We also understand that while
change is inevitable, we wish that the residents were considered whenever
change does come about. Thank you.
Mr. Traurig: I would ,just like to say to these nice ladies that
notwithstanding the fact that we have frontage on 22nd Terrace and 34th
Avenue, we will have no openings to our property off of either street and all
of the vehicular traffic will have to enter our property from the north side
and we will have a parking structure and therefore we will not in any way
adversely impact the parking in your neighborhood, but we appreciate your
concern.
157 October 26, 1989
Mayor Suarez: Anything further? If not, read...
Mr. Plummer: Yes, let me ask a question.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Who is the Galliani Corporation?
Mr. Traurig: Co-owner of the property with Mr. O'Hara.
Mr. Plummer: They're not really a co-owner, they are the 87 percent owner.
That's better than a co-owner! I don't understand this. It says ownership,
Coral Way Building Corporation... oh, I see! Of the Coral Building Corp.,
Oscar Roger Sr. and Jr. are 50-50, is that correct? Then... but that only
owns 12 percent of the property itself, is that correct? Mr. Traurig?
Mr. Traurig: Yes, it is, sir.
Mr. Plummer: Is Galliani Corporation a Florida corporation? And is that
covenant signed by that corporation since they are 87 percent owner? Who
signed that, the covenant? Mr. City Attorney!
Mr. Traurig: Commissioner, you're right, the covenant was executed by Coral
Way Building Corporation and not by Galliani Corporation.
Mr. Plummer: Well, they only own 12 percent, Bob.
Mr. Traurig: And we will obtain and deliver before second reading a covenant
executed by both entities.
Mr. Plummer: OK.
Mayor Suarez: Anything further? If not, we have a motion and a second.
Please read the ordinance. Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE N0. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000, AS AMENDED, FOR PROPERTY
LOCATED AT APPROXIMATELY 3401-3417 SOUTHWEST 22ND
TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM DUPLEX RESIDENTIAL TO RESTRICTED
COMMERCIAL; MAKING FINDINGS; INSTRUCTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS ORDINANCE TO THE
AFFECTED AGENCY; AND PROVIDING A REPEALER PROVISION,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Range and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: 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.
158 October 26, 1989
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f
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1
41. FIRST READING ORDINANCE: Amend zoning atlas at approximately 3401-3417
~ SW 22 Terrace and approximately 2210-2248 SW 34 Avenue from RG-1/3 to -
_ i CR-3 /7 (Applicant: Coral Way Building Corp.).
~ -
i ~ -
Mayor Suarez: PZ-4, companion item.
Mr. De Yurre: Move 4.
Mayor Suarez: Moved.
Mrs. Range: Second.
Mayor Suarez: Seconded. Any discussion on PZ-4? If not, please read the
ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Plummer: Excuse me, Mr. Mayor.
Mayor Suarez: Yes, Commissioner Plummer.
Mr. Plummer: In reading here, there is a one inch buffer and 20 foot
landscape buffer along 22nd Terrace. I don't see anything about the wall that
usually accompanies this. Normally there is a wall involved with the
landscaping, 20 feet landscaping in front of the wall. I don't find that
here.
Mr. Olmedillo: That has to be part of the proffered covenant by the
applicant. Again...
Mr. Plummer: But you approved it and normally you always...
Mr. Olmedillo: No, no, what we said... what I said on the record was that we
have problems as to access, the landscaping of the... that was contained in
the covenant and then that's when Bob Traurig put on the record that they will
work out differences in the covenant.
Mr. Plummer: But don't you always, as I recall, you always demand a wall.
Mr. Olmedillo: No, they proffer the wall. We could not demand it, they
proffer the wall. It's a voluntary covenant.
Mr. Plummer: Well, see I don't... OK.
Mr. Traurig: I thought that there was a wall provided for and we were happy
to add a wall to the landscape covenant.
Mr. Plummer: OK, but do that before the second reading.
Mayor Suarez: Call the roll on PZ-4, companion item.
Mr. Plummer: They easily drive through landscaping. It's difficult to drive
through a wall.
159 Oetober 26, 199
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY CHANGING THE ZONING _
CLASSIFICATION OF APPROXIMATELY 3401-17, SOUTHWEST 22
TERRACE AND APPROXIMATELY 2210-48 SOUTHWEST 34 AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN), _
FROM RG-1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY)
` TO CR-3/7 COMMERCIAL RESIDENTIAL AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE N0. 42 OF SAID ZONING ATLAS
f MADE A PART OF ORDINANCE N0. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Range and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
~~ NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Reluctantly, yes.
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.
42. FIRST READING ORDINANCE: Amend zoning ordinance 9500, Section 15,
Special Public Interest Districts - Add new Section 15200: "SPI-20
Jackson Memorial Hospital Medical Center Overlay District" (Applicant:
Planning Department)
Mayor Suarez: PZ-5, first reading.
Mr. Joe McManus: Mr. Mayor and members of the Commission, PZ-5 and PZ-6 are
basically...
Mayor Suarez: This is our own item, right? - City of Miami Planning
Department?
Mr. McManus: ... companion items. PZ-5 establishes an SPI 20 special overlay
district for the Jackson Memorial Hospital Civic Center area comprising
approximately 200 acres.
Mr. Plummer: Mr. Mayor, may I suggest that we take items, in-house items we
can handle after we've dealt with the public.
Mr. Plummer: OK, if you are...
Mr. Plummer: Item 9 is...
Mayor Suarez: Are there any of these items that are not... that are in-house
that clearly - PZ-5? We could dust move it too, I mean... anyone wish to be
heard on PZ-5 against the item?
i Mr. Plummer: Tell us what five does.
Mr. McManus: Mr. Commissioner, the purpose of establishing this overlay
district is to be able to compute the parking ratio within that entire area
on a ratio of one parking space for 600 square feet as a totality, rather than
160 October 26, 1989
:~
considering it building by building. As you know, all this is owned by L-he
Public Health Trust of the University of Miami. They want to be able to put
in parking facilities and relate it to the building complex in a totality
rather than being forced to account building by building and...
Mr. Plummer: Let me remind my colleagues on this City Commission, Jackson
Hospital was notorious, and Joe will remember, because he's been here as long
as I have, they have been notorious for building buildings on present parking
spaces. Now, there is always a critical problem around Jackson Hospital
trying to get a parking space, and I'm just concerned without knowing the full
ramifications of what in fact would be reality. Does this in fact reduce the
need, or does it reduce the number of parking spaces, because you know, that
parking garage is at our expense for that 1,500 cars, it's Off-Street Parking
Authority. They didn't finance it. Now, what I need to know from you, does
this in effect reduce the required need by going at it as a total picture
rather than individual applications as presented, because if it does, I'm
', voting against it.
Mr. McManus: Mr. Commissioner, this would keep the ratio the same for the
overall complex, as we would apply...
Mr. Plummer: No, no, Joe, I understand that and I'm asking you of the
question. Remembering that the need would be from this day forward and we all
know that Jackson, because they cannot, have not had the ability to furnish
the necessary parking that is needed. I'm saying to you, does this in fact,
by doing it in it's totality, reduce the parking requirements in any way shape
or form?
Mr. McManus: Not in my opinion, Mr. Commissioner. From this...
Mr. Plummer: That's all I wanted to hear. I move item 5.
Mr. De Yurre: I second.
f.
Mayor Suarez: Moved and seconded. Any discussion?
Mayor Suarez: Now, the gentleman from Jackson Memorial.
Mr. Cliff Elesenda?: My name is Cliff Elesenda, I'm from the University of
Miami School of Medicine with...
Mayor Suarez: Related institution, or...?
Mr. Elesenda: We work very closely.
Mayor Suarez: OK, I just want to make sure everyone is in favor. I don't
~ want...
Mr. Don Roseum: I'm Don Roseum, 6641 Brevity Lane. I'm with Jackson also.
Mayor Suarez: OK, call the roll, or read the ordinance.
i
~ THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
i
RECORD, BY TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Plummer: No, question.
Mayor Suarez: Commissioner Plummer.
!j Mr. Plummer: I think we need to see what are the incentives. It says here,
provide incentives. I haven't seen any incentives.
Mr. McManus: The purpose here is to encourage the medical center to go into
I encouraging the use of Metrorail, too encourage the use of a shuttle system,
°~ to encourage the use of shared parking.
Mr. Plummer: But do they have a plan that they are proffering?
Mr. McManus: That would be taken... when they come in for the next proposed
building, we would go into all that, examine that. What is the parking
161 October 26, 1989
__
requirement) What are they providing in the way of shuttle service, how are
they encouraging shared parking? - because we are talking about issuing a
special permit, the Class C by the Planning Department go into all that.
Mr. Plummer: I remind you I will be here when you come in for that permit.
OK, call the roll.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED-
AN ORDINANCE AMENDING ORDINANCE N0. 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.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: I'm going to vote no, because I think when it comes back, I'm
going to vote no.
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.
43. FIRST READING ORDINANCE: Amend zoning atlas - apply "SPI-20, Jackson
Memorial Hospital Medical Center Overlay District" to area generally
bounded by NW 14 & 20 Streets, plus NW 7 & 12 Avenues and 300 feet
south of NW 16 Street, extending 650 feet west of NW 12 Avenue to Wagner
Creek - Retain underlying zoning district (Applicant: Planning
Department).
Mayor Suarez: Is PZ-6 a related item?
Mr. Joe McManus: Yes, it's a companion item. It applies the district to the
area in Jackson, 200 acres.
Mayor Suarez: I entertain a rnotion on the Comprehensive Master Plan.
Mr. McManus: Five is the text that establishes the text of the district. Six
applies the district to the geographic area of Jackson Hospital.
Mayor Suarez: On the zoning atlas, right? Sorry, I said Comprehensive Master
Plan. OK, I'll entertain a motion on PZ-6.
Mr. Plummer: Move it.
Mayor Suarez: Moved, seconded.
Mr. Dawkins: Second, under discussion. I don't see how with the bus
ridership and the bus connections and the Peoplemover and the rapid transit
that this is going to enhance it, so when it comes back, you'll have to show
162 October 26, 1989
.~'
me that individuals will be able to make ridership easier by having buses that
will transfer people to and for and not create a hassle for them.
Mayor Suarez: Maybe it will enhance the mass transit system, and not impede
it. OK, we've got a motion and a second, if not, please read the ordinance
call the roll,
AN ORDINANCE ENTITLED-
AN ORDINANCE WITH ATTACHMENT, AMENDING THE ZONING
ATLAS OF ORDINANCE N0. 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
AVENUE, 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.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
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.
44. DENY PROPOSED FIRST READING ORDINANCE - applying Section 1613 HC-4
(Historical Site) to 1401 Biscayne Boulevard (Shrine Building)
(Applicant: Planning Department - See label 58).
Mayor Suarez: PZ-7.
Ms. Sarah Eaton: Mr. Mayor, the Planning Department recommends the
application of the HC-4 zoning overlay district to the Shrine Building, which
is commonly known as the "Boulevard Shops."
Mayor Suarez: Is there anyone here in opposition to this designation.
Mr. Traurig: Yes sir.
Mayor Suarez Yes, the owner?
Mr. Robert H. Traurig: Representing the owner.
Mayor Suarez: OK.
Mr. Dawkins: Who is the owner?
Ms. Eaton: The Shrine Building is...
Mayor Suarez: State the reasons for the recommendation and we'll hear from
the owner.
163
October 26, 1989
Ms. Eaton: The Shrine Building meets criteria three, five, six and seven as
established in the HC ordinance. It is probably the City's most finest art
deco style building and reflects the commercial establishment of Biscayne
Boulevard during the late 1920's and '30's. It was designed by one of the
City's most prominent architects and contains a large number of examples of
fine artistic craftsmanship.
Mayor Suarez: Who was one of the City's most prominent architects at the
time?
Ms. Eaton: Robert Law Weed.
Mayor Suarez: And this is on 14th and Biscayne Boulevard?
Ms. Eaton: Yes.
Mr. Plummer: Which building is it?
Ms. Eaton: It is the Boulevard Shops, the old Castro Convertibles.
Mr. Plummer: Is that Betty's Lobo Lounge?
Ms. Eaton: No, sir.
Mr. Plummer: Talk to what I know. No, it's the next block.
Mayor Suarez: I remember driving up Biscayne Boulevard from 14th north to the
Omni and not having seen any particularly significant buildings there, but
maybe I just missed the importance of this particular one, I don't know.
Anyhow, do you have a picture of it, do you have a rendering of it, or
anything, as you always brought?
Ms. Eaton: There is one in your packet.
Mr. Plummer: If you ever wanted to find a writer from the Miami Herald, you
went to Betty's Lobo Lounge on the second floor.
Mr. Traurig: The Commissioner's misspent youth.
Mayor Suarez: Do you have anything ,that is more indicative of what it looks
like then a carbon copy in our package? Do you have any actual rendering of
this, or picture or something? - because this doesn't, you know, tend to help
make it Look very historical, and attractive and preservable and so on.
Ms. Eaton: I apologize, I did not bring the slides or original photos with
- me.
Mayor Suarez: Remember, you've done better when you have the slides, at
- least. Oh, so he showed me the car, you know, that indicates the historic
nature of it. Of course, those cars aren't there anymore, but...
Mr. Dawkins: We can put them back.
Mayor Suarez: We can put them back, he says, all right) Anything further
from the City?
Ms. Eaton: No, sir.
Mayor Suarez: Counselor.
Ms. Eaton: Mr. Mayor, this is a matter of great importance. I think that
this Commission is aware that this property was formerly owned by Rafael
Kapustin, whose attorney...
Mr. Plummer: Does the swearing in of Mr. Traurig previously apply to now?
He's still under oath, knowing, the dirty devil as we do?
Mr. Traurig: I'd be very happy to reaffirm, sir. I reaffirm my oath to tell
the truth. This property was formerly owned by Mr. Kapustin and his
associates, Mr. Price earlier had made presentations on behalf of Mr. Kapustin
in a different series of hearings on this before the Planning Advisory Board.
The Planning Advisory Board then and recently recommended to you that you deny
164 October 26, 1989
~. M
this application. Mr. Kapustin very eloquently indicated that the building
was in poor condition. He strongly protested the designation. He objected as _
an owner of the property and he indicated that it might need redevelopment and
we believe if there had been, and he believed that if there had been a
designation of the property, it would have been a lengthy process in order to
obtain a certificate of appropriateness in order to redevelop the property.
Recently he had spent substantial additional money and had made the appearance
of the building very nice, and that was a demonstration of his pride in the
building and his intention to hold the building as long as he could during
that economic period when rents were adequate to cover the costs of operation
of the building. But he felt that the building ought to be sold because for
economic reasons, it didn't justify his retention of the property. A new
owner purchased the property. When the owner purchased the property...
Mr. De Yurre: Who's the new owner?
Mr. Traurig: The new owner is a company called Richwood which is a subsidiary
of Knight-Ridder.
Mr. De Yurre: OK.
Mr. Plummer: Now who?
Mr. Traurig: A subsidiary of Knight-Ridder.
Mr. Plummer: Ohhhhh yes!
Mr. Traurig: Which is a corporate entity located immediately to the east.
Mr. Plummer: Knight-Ridder! That's that little place on the bay?
Mr. Traurig: No, they have offices on the sixth floor in that building. The
rest of the building is occupied by another entity.
Mayor Suarez: That's related.
Mr. Traurig: Which is a subsidiary.
Mr. Plummer: Ah hai
Mayor Suarez: And which buys ink by the barrels.
Mr. Plummer: And writes editorials every day!
Mr. De Yurre: By the way, talking about ink by the barrel, has there ever
been a study made to see if there is any environmental problems stemming from
that building?
Mr. Plummer: Oh, every day when that barge comes up there and churns up the
bay to deliver that newsprint. That is economically environmentally unsound.
Mr. Traurig: They don't do that anymore, Commission. They deliver the paper
to the Port of Miami and it's trucked in.
Mr. Plummer: I'll catch them one way or another.
Mr. Traurig: And although it acquired the property with knowledge of the
pendency of this matter, the purchaser was then aware that the Planning
Advisory Board had recommended denial and that this Commission had a very
- strong policy of not designating property as historic when the owner strongly
objects. When the property was purchased, the new owner became aware of
numerous building deficiencies. There were several tenants who complained
about the facilities and it was impractical to continue the use of the
property for commercial purposes, but it is temporarily convertible into
ancillary facilities for the temporary use exclusively of the owner. The
- owner's long range plan in acquiring the property was to integrate the land
area of this property and another block immediately to the south into a larger
comprehensive development incorporating this land with the land which this
same owner owns to the east for a major new development in the Omni-Venetia
area which this community so badly needs and perhaps to utilize the area along
Biscayne Boulevard where this property sits for gardens or plazas or fountains
or other compatible amenities and there were no immediate...
S
1b5 October 26, 1989
s
Mayor Suarez: If you have those as long range plans as stated, why would the -
designation be problematic? Isn't it such that basically all we need to do,
all you need to is give us notification, and for six months after your
notification of intend to demolish or change it, all we have is the option of i
acquiring it and otherwise you can do whatever you want? Why wouldn't you
Just begin by giving us notification now and...?
Mr. Traurig: Well, actually, you don't have the option to acquire it, but we
not permitted to, until the six months to make the physical changes that we
might need in order to convert it to an alterative use.
Mayor Suarez: OH, do you need it because you are assembling land and you need
to go to finance companies or to...?
Mr. Traurig: We don't need it for financing purposes, but we do need it to
make compatible for the uses that are presently being contemplated. It means
that the building in its present form would have to be altered in order to
accommodate uses because the tenants who have previously occupied the building
will no longer occupy the building. To have to go through the process of
seeking a certificate of appropriateness merely to... and to spend six months
waiting for the opportunity to demolish or the change the building would not
be in the best interest of the owner of the property which therefore objects
very strongly to having the designation placed on the property. It shown be
born in mind by the members of the Commission that the same argument has been
made by numerous other property owners who said that they can't any longer
continue to operate the current building in its current form without making
substantial physical changes and it was the intention of this new owner to
apply for that type of relief in an appropriate time, if necessary. It always
intended to make its case to you, and to the Planing Advisory Board, which has
recommended to you that you not grant the historic designation so that it
could continue to utilize the building for this alternative use. It doesn't
have any present plans to demolish except that, and this is another
interesting thing that you should contemplate, this City of Miami, through its
DDA and through the City Administration, the Administration in this building,
urged this same owner to consider offering the use of a portion of its
property for the Performing Arts Center, and that owner should also contribute
a sufficient portion of its property to the public. It has agreed to do so,
and it is presently in this building at this moment conducting some meetings
with staff of the City of Miami with regard to the utilization of this
property and other contiguous property for a Performing Arts Center. For you
to take the position at this point in time that if it remains in the private
ownership of the present owner of the property, it can't do anything to the
property, but that if the Performing Arts Center is to be located there, you
and the other public entities which would participate in the Performing Arta
Center could tear down the building, I think is antithetical! And we think
that is so unrealistic and so contradictory to the intentions of this City
that it would... it ought to be considered by you.
Mr. Plummer: Who are the owners of Richwood?
Mr. Traurig: The owners of Richwood are Knight-Ridder Corporation.
Mr. Plummer: One hundred percent?
Mr. Traurig: Yes.
Mr. Plummer: And who are the owners of Knight-Ridder?
Mr. Traurig: It's a public company traded on the New York Stock Exchange.
Mr. Plummer: But we are supposed to have a listing of all of the owners.
Mr. Traurig: Not if it is a public company.
Mr. Plummer: Is that correct?
Mr. Joel Maxwell: No, sir.
Nlr. Plummer: It's not correct.
166 October 26, 1989
'~ ~ ~
Mr. Traurig: Well, you have... as a matter of fact, thank Mr. Price, he
pointed out that the City of Miami Planning Department is the applicant and
that we are merely defending in this matter, so I thank him for his help.
Mr. Dawkins: Which case is yours? Which case is yours?
Mr. Plummer: Yes, who do you work for? That's Mr. Price, that man standing
over there that has an application before us lat:er7 That he wants to
withdraw?
Mr. Traurig: Since it is totally inconsistent for you to on one hand want to
tear down the building and build a Performing Arts Center; and on the other -
hand to say that we have to designate the property.
Mr. Plummer: Why don't you wait and see how we vote?
Mr. Traurig: Pardon me?
Mr. Plummer: Why don't you wait and see how we vote? Then you might have an
argument. -
Mr. Traurig: May that I suggest to you that it would be in the best interests
of the City not to declare this property as historic. Thank you.
Mr. Dawkins: Mr. Mayor, I mean Mr. Traurig, when did the new owners purchase
the property? -
Mr. Traurig: Within this year. -
Mr. Dawkins: Within this year?
Mr. Traurig: Yes, sir. -
~ Mr. Dawkins: OK, Mr. Rodriguez... no, first, anybody. What piece of property
is the Herald talking about donating for the Performing Arts Center?
Mr. Rodriguez: I don't know, I'd like to defer to the attorney for The
Herald.
Mr. Traurig: First of all, let's clarify this. This is not The Miami Herald,
this is Knight-Ridder which owns The Miami Herald, but this is not The Miami
Herald.
Mr. Dawkins: I will beg your pardon, I'll start over. Whoever we are
referring to in this application, who is desirous of donating some land for -
the Performing Arts and whoever is desirous of obtaining whatever they need,
whomever they might be, what possible land are they going to suggest that it
be donated for the Performing Arts Center?
Mr. Traurig: Commissioner, a study is presently being done to determine the
juxtaposition of different buildings on a major tract to see where the
Performing Arts Center ought to be located. There are different facilities.
There is a symphony hall and an opera house. Then there would also be the
question of the location of a new corporate center perhaps, or some other
large office building. Until there is a study of where parking should be and
the relocation of roads and the relationship of the various buildings and the
problems that might develop through the conflicts between traffic movements
associated with the present Herald Building and the parking structure to
accommodate the Performing Arts Center, it is impossible to say exactly where
the Performing Arts Center will be located on this tract. The tracts when
consolidated will include everything from Biscayne Boulevard to the bay and
everything from the McArthur Causeway to the Venetian, except for a very small
piece owned by Mr. Hollo, which is the old R?d Coach site, and so it is very
difficult to say until the Spillis Candela people and others who are doing a
study, you know, have concluded that study.
Mr. Dawkins: Well, why are we then attempting to solve a problem that doesn't
exist, because if we do not know what portion of the land that we are talking
about... I mean, I don't know what we are talking. See, you tell me that we
have a piece of land and we don't know what part of it and what the
alternative needs or use may be, but yet, we are talking here what we ought to
do with the land.
167 October 26, 1989
Mr. Traurig: Well, we're not the applicants sir, and what we're here...
Mr. Dawkins: OK, who is the applicant?
Mr. Traurig: The applicant is the City of Miami Planning Department.
Mr. Dawkins: The City? All right, why are you requesting that we do this?
Mr. Plummer: To cause trouble.
Ms. Eaton: Because the City Planning Department recognizes this as one of the
most important historic sites and we feel that the building should be
considered in any planning for the redevelopment of the property. We feel
that its location could make it very, very feasible to incorporate into a new
development on the site.
Mr. Dawkins: But by the same token, if we do not grant this and they decide
that they want to destroy it and even do it declare it historic, they can
still destroy it in six months, is that correct?
Ms. Eaton: Yes, if it is designated, the most the board can do is delay
demolition for six months.
Mr. Dawkins: For six months. So well, you see...
Mr. Traurig: And I must say to you, Commissioner...
Mr. Dawkins: I move that we approve the recommendations of staff in that they
don't know what they are going to do no way and in six months they can come
back and do what they want to do, so I move that we approve staff's
recommendation.
Mayor Suarez: So moved.
Mrs. Range: I'll second.
Mr. Traurig: May I inquire? You are moving to declare this as a historic
_ structure? T would say to you that, that's so contrary to the position that
has been taken by your Administration, not the Commission, that it will have a
very serious effect on the planning process and will absolutely destroy the
planning process for the Performing Arts Center because it has to know exactly
whether or not this property would be a functional part of the Performing Arts
Center.
Mr. Dawkins: I hear you, Mr. Traurig, but when I asked you that, you told me
that we don't know.
Mr. Traurig: Well, I can't say...
Mr. Dawkins: Well, see, so...
Mr. Traurig: Let me point out to you sir...
Mr. Dawkins: OK, all right, sir.
Mr. Traurig: ... that whether or not this particular portion of the overall
tract is utilized, it will become a part of perhaps the landscaping aspect,
the plaza area or some other area that will serve an overall Rockefeller
Center-type complex. To say...
Mayor Suarez: And in any event, a heck of a lot more attractive than what is
there now.
Mr. Dawkins: Ail right, well what variance, all right, I'm asking, what
variances will be needed?
Mr. Traurig: We're not in any way asking for any variances.
Mayor Suarez: OK, so what you are saying is that if we do not declare this
historic, nobody will be back down here asking for any variances or know
anything, that whatever we are going to do, we'll go from the ground and go
up.
168 October 2b, 1989
1 i
Mr. Traurig: I can't say that until this gets into the planning process, but
I can say to you that it is totally inconsistent with the City's position at
the Performing Arts Trust meeting, in which the City said that they want to
utilize this site...
Mr. Dawkins: Where's the City Manager?
Mr. Traurig: Upstairs at a meeting.
Mr. Dawkins: Upstairs in a meeting. Come down out of the meeting.
Mr. Rodriguez: Let me call him right away.
Mr. Plummer: Mr. Traurig, when did this company, Richland, Inc., buy this
property?
Mr. Traurig: Within the past year.
Mr. Plummer: Within the what?
Mr. Traurig: With the past year, I can't tell you which month?
Mr. Plummer: That's 12 months?
Mr. Traurig: Within the last 12 months, but I think it was sooner, more
recent than that, and if you'll hold on, I could look up the information, but
it...
Mr. Plummer: Because I have a letter here dated September 14th, a little over
a month ago, in which they were not the owners.
Mr. Traurig: Well, there were two entities, Dagrin Inc. and Richwood Inc.,
who were the purchasers...
Mr. Plummer: I have a letter from Florida East Coast Properties, Inc. dated _
September 14th and it says, we are the owners of real estate located... I'm _
sorry, I stand corrected... within 375 feet.
Mr. Traurig: They are the owners on the corner of 15th and the boulevard,
they're the owners. -
Mr. Plummer: I stand corrected, sir.
Mayor Suarez: That's the one you referring to as Ted Hollo, before, I think.
Mr. Plummer: I stand corrected, they are within the area, they are not the
owners.
Mayor Suarez: Let me remind, while we track down the Manager, unless we move
onto other items, I want to remind my colleagues that where the owner of
property that we are seeking to designate as historic has objected, most of
the time we have gone long with the owner's desires unless we clearly believe
that something is in fact worth preserving and is clearly historic, so.., and
you know, that's just been the stand we've taken. Commissioner, I don't
think you were sitting here when we had the first group of 30 or 40 of these,
in fact, we postponed acting on almost all of them, that the owner was not in
favor of. We felt that...
Mr. Plummer: I'd love to say that on the record.
Mayor Suarez: We felt... I'll say what I want on the record. We felt that a
lot of times if you go against the wishes of the owner, the property is just
never going to be improved and that something that some people might consider
historic, including our Heritage Conservation Board in their wisdom, might
just simply remain somewhat of an unimproved and eyesore property.
Mr. Dawkins: Mr. Manager, you negotiated, or attempted to negotiate the use
of a piece of property for a Performing Arts Center which we greatly need.
Now, I've asked Mr. Traurig what piece of land was offered, so I could ask
what would be done with the teat of it. When you were negotiating or
discussing the possibility of our putting the Performing Arts Center downtown,
what pieces of property did you discuss?
169 October 26, 1989
Mr. Odio: As a matter of fact, Commissioner, I am meeting right now with Phil
Blumberg upstairs in discussing where the footprint of the Performing Arts
Center would be placed. At this moment we don't know exactly where in their
property it would fit in. We have a meeting tomorrow with the Arts Council, a
committee that was appointed by the Performing Arts Trust to decide where the
footprint should go, and even inclusive of the... we have to decide the size
of the footprint that is needed to build the Performing Arts Center, what they
call a world class facility. We think it's going be three acres and if it's
three acres, I don't believe it would affect this historic building. I don't
know, I think that we should be very careful and not create any historic
preservation area there for a moment until we decide where this art center
would go.
Mr. Dawkins: OK, well now, hold it now, I'll back up with you.
Mr. Odio: However...
Mr. Dawkins: Are you saying we should not create a historic area, period, or
are you saying, let's don't create a historic area until we are sure this
piece of property won't be used?
Mr. Odio: Yes, that's what I am saying.
Mr. Dawkins: Well, see, no, we've got to be consistent. We got to give the
owner, you know right now, the owner should know we are going to do this or we
are not. We can't put the owner at a disadvantage and say that you know, as
long as it is to our advantage, we're not going to do this and when it is no
longer to our advantage, we will do that. -
Mr. Odio: Maybe I can say this, I think that, and I've said we've been doing
this for the last hour, that the Performing Arts Center in that area is of the
utmost importance because we feel that if we build the Performing Arts Center
there, that stores like Sears that have been closed down would reopen, that it
would create an environment in the area to create other developments that
would benefit the City as a whole. If the historic preservation or historic
designation of this building is going to affect the future development of the
area, I would hold off.
Mr. Dawkins: No, you'd deny it.
Mr.
Mr.
i
Mr.
Mr.
Mr.
Odio: Yep, I would not do it.
Dawkins: Deny it?
Odio: Yes.
Dawkins: Hold off, OK?
Odio: Or whatever.
Mr. Dawkins: OK...
Mr. Odio: Because we are trying to do something with Biscayne Boulevard. It
is the main thoroughfare of the City. As you know, we've been working with
the Federal government to get $18,000,000 to redo the boulevard, and I think
that we can do this now.
Mr. Dawkins: With the Manager's recommendation I will reluctantly withdraw my
moti on if the seconder would withdraw her second.
3
Mrs.
Range: Yes and I will withdraw my second. I was
of the opinion that it
was definitely a part of the development of the cultural center, and if it has
not been decided, surely I'd withdraw.
Mr. Dawkins: Make the motion for it, Mrs. Range, make the motion.
Mr. Plummer: So what is the motion that you all want, to defer?
Mrs. Range: Well, the motion no, is to deny.
Mr. Dawkins: No, the motion was to deny, but we.., he said let's not deny it.
170 October 26, 1989
_~
Mr. Traurig: May I add one other thing for your consideration?
Mrs. Range: Let's get that part of it straight first, Mr. Traurig.
Mr. Dawkins: Yes, to deny it. It is a point to deny it.
Mayor Suarez: Yes, it is a policy question for us. I would be more than
happy to entertain a motion to deny so that we can try to get some things
worthwhile done in the Omni area.
Mr. Dawkins: I second Mrs. Range's motion to deny.
Mayor Suarez: Thank you. Any further discussion? If not, please call the
roll.
Mr. Dawkins: But when it comes back, I am going to tell you... under
discussion, don't come for no variances, now, unless I'm not sitting here. I
don't plan to think that I was used. See, all right.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION N0. 89-986
A MOTION DENYING PROPOSED FIRST READING ORDINANCE FOR
ATLAS CHANGE TO APPLY SECTION 1613 HC-4 TO "THE SHRINE
BUILDING." AT APPROXIMATELY 1401 BISCAYNE BOULEVARD
(HISTORICAL SITE).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
* NOTE FOR RECORD: Commissioner Plummer, although first voting no, clarified
later in the meeting that he meant to vote yes on the motion to deny
application of proposed historic site designation. See comments hereinbelow
in Label 58.
COMMENTS MADE DURING ROLL CAI..L:
Mr. Dawkins: I'll vote for Plummer too, yes.
Mr. Plummer: Whoa, wait, what? Saw what? Mr. Plummer is voting no because I
feel it is out of the scale with the needs of the neighborhood and I feel that
it will adversely affect living conditions in the neighborhood and adversely
affect property values in the adjacent area. For those reasons, I vote no.
Ms. Hirai: Mr. Mayor, I called the roll before reading the ordinance. We
must read it by title.
Mayor Suarez: No, not on the denial of an ordinance, I don't think.
Mr. Maxwell: I need to read the title, that's what you are voting on, Mr.
Mayor.
Mayor Suarez: When we are denying the ordinance? I mean, when we are not
promulgating an ordinance?
Mr. Dawkins: No, what we are saying...
Mr. Maxwell: You are voting to deny?
171 October 26, 1989
Mayor Suarez: Yes.
Ms. Hirai: I stand corrected Mr. Mayor.
Mr. Dawkins: Yes. What we are saying is...
Mayor Suarez: Complete the roll call, please.
Ms. Hirai: Mayor Suarez.
Mayor Suarez: Yes, absolutely)
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: Madam City Attorney...
Mr. Traurig: Thank you very much.
Mr. Dawkins: ... in order to understand what we are doing, Madam City
Attorney, here are the reasons why we vote denial, OK7
Mr. Maxwell: The City Attorney is over here, Mr. ...
Mr. Plummer: I stated mine in the record.
45. DENY PROPOSED FIRST READING ORDINANCE - applying Section 1613 HC-4
(Historical Site) to property at 117 NE 1 Avenue (Security Building)
(Applicant: Planning Department - See label 58).
Ms. Sarah Eaton: PZ-c3, the Planning Department is recommending that we apply
the HC-4 overlay to Security Building also known today as the Capital
Building. This particular property meets criteria three, five and seven for
historic designation. It is one of the most unique examples of architecture.
-, Mayor Suarez: Let the record reflect that she meant unique, not most unique,
go ahead.
Ms. Eaton: I stand corrected. The building is unique because of its mansard
- roof. It is the only one in the City and the building is distinctive _
architecturally because of that. The building also reflects the commercial -
development of Miami during the boom area and is significant in Miami's
history.
Mayor Suarez: Do we have any kind of a nice rendering of this, or just the
one in our packets?
Ms. Eaton: Just the one in your packet.
Mayor Suarez: Stanley, are you totally in favor of this?
Mr. Stanley Price: Almost totally opposed to it, sir. Stanley Price, Fine
Jacobson, One Centrust Financial Center, Miami, Florida. I represent the
owners of this building, the White Field Trust Investment Company which is a
limited partnership made up of individuals primarily from the State of New
Jersey, and Arthur Kline, who is an attorney in the City of Miami. We
strenuously oppose this designation.
Mayor Suarez: I'm sorry, go ahead, sir.
Mr. Price: Ms. Eaton is a very talented planner and the reason for
', designation, I suggest to you can be placed on any building along those
several blocks along Flagler Street, 1st Street and 2nd Street. This property
is no more unique than any of the other buildings there. It is the same
scale, same size as the other building. When this building was originally
I sought for designation by the staff, we went before the Planning Board and
~, objected in that there was no incentive and no bonuses that could be given to
this building in terms of the proper exercise of police power of the City.
172 October 2b, 1989
_ _
---
~~f
=~i ~ .~ -
The Planning Board turned this down because of the proposed designation of H-
1, which gave no incentives whatsoever. This matter was refiled and now there
is a designation for H-4, which gives you certain bonuses as to height, floor
area ratio and the like.
Mayor Suarez: Are we calling them H-4, or HC-4, or what do we call them.
Mr. Price: HC-4, excuse me.
Mayor Suarez: Just for the record, because otherwise, it get's that much more
confusing.
Mr. Price: All right, I would respectfully submit to you that we are in the
CBD district, and therefore we have no limitations on FAR, height of building
and the like; therefore in effect, we still have incentives in regards to this
designation. We have no plans to remove this building. We have no plans to
do anything of that nature. However, an historic designation requires that
each time we want some type of building permit, and it can be interpreted for
internal reconstruction of some of the offices, to go through a process. We
suggest to you that under your Code, there is no incentive whatsoever for this
developer to agree to a historic conservation district. In addition, in last
Sunday's New York Times Sunday section, there was an article that has
indicated that all the incentives that used to be applicable to historic
buildings in terms of tax relief and some type of financial incentive for the
Federal government are no longer there. The Federal government has not funded
any incentives for the last several administrations, and in addition to that,
there is no benefit whatsoever to a property owner to have a historic
designation on a building this size and scope. And finally, I think the true
test is, whether if we came to this City and told you that we were going to
demolish the...
Mayor Suarez: You know, we should have sworn you in and which case, your
testimony would be relevant to the tax aspects of this, and I think you would
be a little more careful about saying that there are no tax benefits
whatsoever, unless you happen to also be as tax attorney, so we'd better swear
him in in any event.
Mr. Price: OK, I'm talking about under the historic provisions of the
Internal Revenue Code.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mr. Price: Yes, I do and previously given.
Mayor Suarez: Now really, it's your understanding and I know that of course
you can't say this as of absolute oath, that there are no tax benefits
remaining anymore under the present Internal Revenue Code?
Mr. Price: The old provisions, Mayor, provided certain economic incentives in _
terms of financing and the like. Those incentives are no longer present
because the Federal government has not funded those since the Reagan
Administration came in.
Ms. Eaton: Mr. Mayor, if I can interrupt, that is not true. There are still
tax incentives available for historic preservation.
Mayor Suarez: Of course, he is talking about funding unless he's trying to be
really subtle and call a tax benefit a tax expenditure, in which case they
would be funding in that sense. I have a feeling there is still tax benefits.
Ms. Eaton: There is a 20 percent investment tax credit available for income
producing properties listed on the National Register and there are also
limited grant funds available for restoration.
Mr. Price: Mr. Mayor, the only way I could take advantage of that is to build
higher. The reason they are designating this property is because of the roof
treatment on this building which would totally negate me building higher. I
can't build out, I'll go from lot line to lot line. Where is the incentive
for me under either the Federal program or any other program?
Mayor Suarez: The roof is the basic historical...
173
October 26, 1989
- t` ~'
Ms. Eaton: That is the major feature.
Mayor Suarez: ... aesthetically interesting character of this building?
Ms. Eaton: Yes, but the way that the owner could...
Mayor Suarez: We could declare the rest of it, I mean just the roof historic
and the rest of it not.
Ms. Eaton: We can't designate parts of buildings.
Mayor Suarez: OK, it wouldn't work, would it?
Ms. Eaton: But the way the owner could get the tax incentive is to completely
rehabilitate the building.
Mayor Suarez: Because like for example, the top part of J.L. Plummer is
definitely historic, you can...
Mr. Plummer: What?
Mayor Suarez: His roof, you know, missing a certain amount. of hair, but I'm
not going to make any more references to that. OK, anything further,
counselor?
Mr. Price: No sir.
Mayor Suarez: Anyone from the general public? Where are all the historic
preservationists that support your view of the world?
Ms. Eaton: I wish I knew.
Mayor Suarez: Some of these buildings are really doubtful, they really are.
i I mean, this a block north of Flagler, I guess, right? - a block and one-half.
Ms. Eaton: One and one-half blocks north.
Mayor Suarez: In an area of downtown that really could use improvement. I _
mean, anyhow, Commission? _
Mr. Plummer: Are you ready for a motion? I move to deny. _
Mayor Suarez: Move to deny.
Mr. Fernandez: For the reasons?
Mr. Plummer: I based my reasons on it is out of scale with the needs of the
neighborhood or the City and it will adversely affect property values in the
adjacent area.
Mayor Suarez: So moved. I'll second.
Mr. De Yurre: Moved and seconded. Any further discussion?
Mr. Fernandez: No, it doesn't need to be read if you are denying.
Mr. De Yurre: OK, just call the roll, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION N0. 89-987
A MOTION DENYING THE PROPOSED FIRST READING ORDINANCE
FOR ATLAS CHANGE BY APPLYING SECTION 1613 HC-4 TO THE
"SECURITY BUILDING," AT APPROXIMATELY 117 N.E. 1
AVENUE (HISTORICAL SITE).
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
174 October 26, 1989
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Price: Thank you very much.
Mr. Plummer: I assume those yes votes indicate for the same reasons that I
stated in the record.
Mayor Suarez: It is occasionally a case that we agree with you for different
reasons in which case we typically tell you what, in emphatic terms sometimes!
46. APPROVE, WITH CONDITIONS, AMENDMENT OF DEVELOPMENT ORDER - for a parking
structure for State of Florida Dade County Regional Service Center
Project (The Rhode Building) at approximately 111 & 112 NW 5 Street
(Applicant: State of Florida Department of General Services).
Mayor Suarez: PZ-9.
Mr. Joe McManus: Mr. Mayor and members of the Commission, PZ...
Mr. Plummer: Before you start, I've got a problem with PZ-9. Where's the
Manager?
Mr. Dawkins: He's upstairs negotiating the Performing Arts Center.
Mr. Plummer: Well, get the Manager down here. I want to know why the State
of Florida is contemplating building a parking garage on the north side of -
their building, when on the south side we own a parking garage which we are
subsidizing almost $1,000,000 a year and it's not being used. I would likF~
the Manager to come down and tell me why his department recommends we do such. -
To me that's an indication that we don't worry about subsidy around here. I
do! Mr. Mayor, do you understand what I'm saying?
Mayor Suarez: Nope.
Mr. Dawkins: Well, not the Mayor, but I understand it.
Mr. Plummer: I'm saying that they are proposing to build a parking structure
- on the north side of their building. On the south side of their building, we
own, we the City of Miami, own a parking structure that is not being used
because we were shafted by the County who promised to use at least half of it,
and this City Commission is paying subsidy on that building to the Off-Street
Parking Authority, somewhere between a half million and a million dollars a
year! Now, now would we want to create more parking when we've got a surplus
today? Mr. Manager?
Mr. Rodriguez: While Mr. Manager is coming, may I suggest also that you hear
from the applicants, because they have specific reasons why they need to have
that in that area.
Mr. Plummer: I'll be glad to hear from the applicant, but I want to hear from
my manager, my high priced help first.
Mr. Odio: (OFF MIKE) High priced, I'm underpaid.
Mr. Plummer: You're sure not overworked.
Mr. Odio: Commissioner, your question is why is the State building a parking
garage?
Mr. Plummer: These are the parking structures on the north side. Our parking
garage right here, we are putting almost a million of dollars of subsidy is
175 October 26, 1989
~-
right here. Why couldn't they rise our parking structure and help eliminate
the subsidy?
Mr. Odio: Well, for one, we are in negotiations now for the Off-Street
Parking to take this garage over, but this...
Mr. Plummer: That's not the question. It's still subsidy, it's not being
used. You usually build parking structures when there is not sufficient.
Mr. Odio: OK, number two, we had talked to the State before, because we
needed the parking garages. If you remember, and it is coming back, when we
were building the Miami Arena Commissioner, and we had to comply with the
4,500 parking spaces for the N.B.A.
Mayor Suarez: 4,500 space requirement, parking space requirement.
Mr. Odio: ... we went in and begged the State to build the parking garages
because we needed to have it within so many feet of the arena. Now you are
saying, why do you go back and tell them to - fine , I'll go back.
Mr. Dawkins: Why don't we sell them the one we are subsidizing? - and they
don't build one.
Mr. Odio: The one that we have is not in compliance with the NBA
requirements.
Mr. Plummer: No, that's not the point. Now for the record, tell me of the
three lots that they demanded we buy and use as parking, how much subsidy is
going into those lots?
Mr. Odio: Well, we are not subsidizing those lots. What has happened...
Mr. Plummer: We're not?
Mr. Odio: We are not. What has happened is that we're not using them as much
as expected because the Metrorail has really taken the load off, which is
good.
Mr. Plummer: I am told that those lots never exceeded 25 percent of capacity.
Mr. Odio: Fine, but we are not subsidizing. If that was your question, I'm
saying no.
Mr. Plummer: Who is subsidizing it?
Mr. Odio: If Off-Street Parking is, we have to ask Jack.
Mr. Odio: No, no, Off-Street Parking made it very clear before this
Commission...
Mr. Odio: We're not, we are not subsidizing.
Mr. Plummer: Are they subsidizing?
Mr. Odio: We're not.
Mr. Plummer: Who is?
Mr. Odio: I don't know who, but we are not.
Mr. Plummer: I guarantee you in the minutes of this Commission we are
subsidizing, they are looking to us.
Mr. Odio: Well, let me, the question was on these two garages.
Mayor Suarez: Well, on an operating basis, they probably cover their cost,
even though they are under-used. The problem is that we are not counting what
it costs to acquire them. They were for Overtown/Park West, remember? They
are still available.
Mr. Plummer: Well, the truth of the matter, the reason they are not being
used, Mr. Mayor is they are charging $10.00 a car.
176 October 26, 14$9
,:,~ -~~_
m
Mayor Suarez: Well, that the requirement also was excessive, we know that. I
don't know why they haven't gotten back to us to talk to the Commissioner to
see if we can get that changed.
Mr. Odio: The Commissioner will be here next week, Dave Sterns, and we were
planning to ask...
Mayor Suarez: And I've been with him and we have not been asked to try to
negotiate that figure down. It's obvious that we are using, the most we've
ever used are like 3,000 out of the 4,500.
Mr. Odio: But Luis indicated to me that they are really saying now we
don't need those requirements. But the parking garages as I said, we had
many, many meetings in the State to ask them to build these parking garages.
Mayor Suarez: You know the question still stands and maybe if we could have
you introduce them and put them on the record. Do you represent the state of
Florid a7 Could you give us your name, please and...?
Ms. Deborah Ausley: Yes, my name is Deborah Ausley, I'm employed with the
Hascall Company in Jacksonville, Florida and I represent the Department of
General Services, State of Florida in Tallahassee. As agent for the
applicant, in answer to your question, number one, they were asked to, as part
of the Sports Arena issue to come up with some parking garages. Number two...
Mayor Suarez: Of course, the main question is why are you not considering
perhaps acquiring this one structure that we have? It is so close to there
and that is under utilized as we feel it is.
Ms. Ausley: Well, I was not aware that the State was required to evaluate
City properties in terms of what kind of contractual conditions they had on
existing f acilities, number one. Secondly, with developments of regional
impact, where we are located we are required to address additional parking at
a certain stage and provide parking for the facility at a certain stage of the
project, which is what brought this together at this point in time. In
addition, I'm not sure that any of the existing facilities would meet the
State requirements in terms of what they are required and their standards for
parking sizes, dimensions, setbacks, etc., which they do have some very
stringent requirements on what they can fund, that any other existing facility
would meet that without extensive renovation in it. I'm saying I don't know
whether it would or not.
Mr. Plummer: What you are saying is, that it was not even taken into
consideration or evaluated, that here they could possibly purchase a building
that is already built, that's what? - 700 and some spaces?
Mr. Odio: Yes, somewhere in there, I don't remember.
Mr. Plummer: And I guarantee you we will sell it less than what it will cost
you to build a new one on today's market.
Mayor Suarez: These are very interesting economic considerations and
intergovernmental issues that we ought to try to get resolved very quickly,
particularly if we can get the NBA to waive the requirement, but what effect
does any of this discussion have on the actual proposal of PZ-9? Does this...
Mr. Plummer: That they are proposing to build new garages.
Mayor Suarez: I know, but I mean, the application of P... First of all, the
land is owned in fact already by your client or just under contract by the
State?
Ms. Ausley: That's correct. It's owned.
Mr. Odio: They own the land.
Mayor Suarez: I mean, it's not going to affect their buying or not buying the
land. Why should we not go along with the amendment of the previous
development order? I mean, how does this in any way hurt the City or the
citizens of the City or in any way impact negatively, anything that is related
to anything that we are supposed to be doing here as Commissioners?
177 October 26, 1989
Mr. Plummer: My impression is, Mr. Mayor, if you approve this, they wouldn't -
even consider buying our pink elephant.
Mayor Suarez: Oh, if they are going to be reasonable and if we can get the i
requirement waived by the NBA, they've already got the land, it isn't like
they are just going to prompt them to buy the land, I mean...
Mr. Odio: Let me advance this...
Mayor Suarez: It might make it more worthwhile for the citizens of State of
Florida, the land, which after all is our State.
Mr. Odio: We did mention our parking garage when this was coming up and it's
too far away from their offices.
Mr. Plummer: It's one block.
Mr. Odio: No, it isn't. It's further. If you look at it, it is a long walk
for the employees. They did not want to have them walk that distance, and
they insisted on this. I can tell you that they will never buy our garage.
Mr. Dawkins: You know, it is not a matter of them not buying it. It's a
matter of us sitting here again and being told to jump through the hoop.
Mr. Odio: Well, I don't know...
Mr. Dawkins: We jump through the hoop for NBA and we told the NBA that we
would do this and we would do that. We went to the State of Florida and they
jumped through the hoop with us and said that they would build this garage in
order to satisfy the NBA, so we end up, we're through the hoop, so we have to
go ahead and OK this and admit that we just,.. we know we were dodos.
Mr. Odio: Just keep going through the hoop.
Mayor Suarez: Yes, but there is no... what I am saying is there may not be
' any negative consequences from it if we can in fact get the waiver and then
_ convince the State that they ought to do something other than this with this
land.
Mr. Plummer: I'm trying to get rid of that pink elephant.
Mayor Suarez: Do you want to move the item?
Mr. Dawkins: Move it.
Mayor Suarez: Moved, the amendment of the development order.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any further discussion? If not, please call the
roll.
178 October 26, 1989
_~ The following resolution was introduced by Commissioner Dawkins, who _
moved its adoption: -
RESOLUTION N0. 89-988
A RESOLUTION WITH ATTACHMENTS, AMENDING A PREVIOUSLY
APPROVED DEVELOPMENT ORDER, (RESOLUTION 76-184;
FEBRUARY 10, 1976), BY APPROVING, WITH CONDITIONS, A
PARKING STRUCTURE FOR THE STATE OF FLORIDA DADE COUNTY
REGIONAL SERVICE CENTER PROJECT (A.K.A. THE RHODE
BUILDING); LOCATED AT APPROXIMATELY NORTHWEST 1ST
COURT AND NORTHWEST 5TH STREET, BLOCK 76-N, BLOCK 76-E
AND THE RIGHT-OF-WAY OF NORTHWEST 1ST COURT AND
NORTHWEST 4TH STREET ABUTTING THE AFOREMENTIONED
PROPERTIES, MIAMI, FLORIDA, A DEVELOPMENT OF REGIONAL
IMPACT, PURSUANT TO CHAPTER 380, FLORIDA STATUTES, BY
AMENDING FINDINGS OF FACT; BY INCORPORATING ADDITIONAL
DEVELOPMENT OF APPROXIMATELY 232,680 GROSS SQUARE FEET
OF PARKING STRUCTUFE (724 PARKING SPACES), BY
MODIFYING THE SITE PLAN; APPROVING CONSTRUCTION, AND
FINDING AND CONFIRMING THAT THESE CHANGES DO NOT
CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER
380, FLORIDA STATUTES; THAT THE PROPOSED PARKING
SPACES ARE INCLUDED IN THE BASE DATA FOR DOWNTOWN
MIAMI DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER
(RESOLUTIONS 87-1148 AND 87-1149, DECEMBER 10, 1987),
AND INCORPORATING THESE FINDINGS IN CONCLUSIONS OF
LAW; DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF
THIS RESOLUTION TO AFFECTED AGENCIES AND THE
DEVELOPER; AND CONTAINING AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: Reluctantly yes.
Mr. Plummer: I'm being told I have no choice! The answer is yes.
119 October 26, 1989
47. AUTHORIZE AMENDMENT OF PREVIOUSLY APPROVED DEVELOPMENT ORDER - by
approving (with conditions) parking structures for State of Florida Dade
County Regional Service Center Project (The Rhode Building) at
approximately 111 & 112 NW 5 Street (a D.R.I.) by amending findings of
fact and by incorporating additional development of square footage of
parking structure by modifying site plan, etc. (Applicant: State of
Florida Department of General Services).
', Mayor Suarez: PZ-10 is a related item, ma3or use special permit. What are
the considerations here, Joe?
Mr. Joe McManus: It's basically an identical item, except that the PZ-10
deals with the two parking garages, PZ-9 dealt with one of them. It's a
matter of geography and what was in the original DRI?
Mayor Suarez: What are the kinds of considerations that go into the
application for a mayor use special permit? We get to decide amenities, -
buffers, and otherwise imposed conditions to try to make it as enticing to the ~
general and as much as an enhancement to the general vicinity as we could. Is -
- ~', that the basic question?
Mr. McManus: Yes, sir. _
Mr. Dawkins: Move it.
Mayor Suarez: Moved. Have we done that, I presume, in negotiating with the
State?
Mr. McManus: We have been under discussion now for the past six months on
this.
Mayor Suarez: Moved, seconded. Any further discussion on PZ-10? If not,
please call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION N0. 89-989
A RESOLUTION WITH ATTACHMENT, MARKED AS EXHIBIT "A"
ISSUING A MAJOR USE SPECIAL PERMIT, PURSUANT TO
ARTICLE 28, ZONING ORDINANCE N0. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
APPROVING WITH CONDITIONS, TWO PARKING STRUCTURES FOR
THE STATE OF FLORIDA DADE COUNTY REGIONAL SERVICE
CENTER PROJECT (A.K.A. THE RHODE BUILDING), LOCATED AT
APPROXIMATELY NORTHWEST 1ST COURT AND NORTHWEST 5TH
STREET, BLOCK 65-E, BLOCK 76-N, BLOCK 76-E AND RIGHT-
OF-WAY OF NORTHWEST 1ST COURT AND NORTHWEST 4TH STREET
ABUTTING THE AFOREMENTIONED PROPERTIES, COMPRISED OF
APPROXIMATELY 448,840 GROSS SQUARE FEET OF PARKING AND
CONFIRMING THAT THE PROPOSED PARKING SPACES ARE
INCLUDED IN THE BASE DATA OF THE DOWNTOWN MIAMI AND
SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL
IMPACT DEVELOPMENT ORDERS (RESOLUTIONS 87-1148 AND 87-
1149, DECEMBER 10, 1987, AND RESOLUTIONS 88-110 AND
88-111, FEBRUARY 11, 1988); THAT ONE BUILDING IS
CONSISTENT WITH THE DESIGN GUIDELINES FOR THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA
INCORPORATING THESE FINDINGS IN CONCLUSIONS OF LAW;
PROVIDING THAT THE MAJOR USE SPECIAL PERMIT SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST;
AND CONTAINING AN EFFECTIVE DATE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
180 October 26, 1989
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
48. APPROVE, IN PRINCIPLE, DOWNTOWN MIAMI MASTER PLAN (JULY 1989) (including
Flagler core, Omni & Brickell areas).
Mayor Suarez: PZ-12, downtown Miami Master Plan.
Mr. Plummer: Move it.
Mayor Suarez: Moved. I gather this doesn't really change too much of...
this doesn't really imposed any more constraints as much as...
Mr. Plummer: None whatsoever.
Mayor Suarez: ... sort of indicate the direction we'd like the downtown to
grow in.
Mr. Plummer: Only at such time, Mr. Mayor, if in fact this were to come back
to this Commission in individual pieces for any kind of enforcement in which
Commission would have sole responsibility of saying yes or no. This in itself
does not have any implications as to change.
Mr. Rodriguez: Any direction has to be ordinance implemented, yes.
Mr. Dawkins: Second. What did you say?
Mr. Rodriguez: No specific ordinance implemented and the directions you gave
me was to beat Mr. Piummer's brains until we get it convinced and now you
a little bit of smiling and he basically gave me support.
Mayor Suarez: Yes, well, you haven't convinced me entirely, but at least
you've convinced me not to make too much of a fuss about another set of
planning proposals, for lack of a better term for an area that already has
DRI's, comprehensive master plans, zoning ordinances and what else? - and tax
increment districts)
Mr. Rodriguez: I quit, I quit, I quit!
Mr. Plummer: This would be called a wish list.
Mayor Suarez: This is just, yes, and you know what happens to some planner's
wish list, but anyhow, call the roll on the item.
181 October 26, 1989
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-990
A RESOLUTION WITH ATTACHMENT, APPROVING, IN PRINCIPLE,
THE DOWNTOWN MIAMI MASTER PLAN (MAY, 1989) AND
ADDENDUM (JULY, 1989) IN SUBSTANTIALLY THE FORM
ATTACHED, A PLAN FOR THE DEVELOPMENT, REDEVELOPMENT,
IMPROVEMENT, ZONING AND INFRASTRUCTURE OF DOWNTOWN,
INCLUDING THE FLAGLER CORE, OMNI AND BRICKELL AREAS,
ENCOMPASSING THAT AREA FROM NORTHEAST 20TH STREET TO
SOUTHEAST 15TH ROAD BETWEEN BISCAYNE BAY AND I-
95/MIAMI RIVER/F.E.C. RAILROAD RIGHT-OF-WAY; AND
MAKING FINDINGS.
(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 M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
NOES: Mayor Xavier L. Suarez
ABSENT: None.
------------------------------------------------------------------------------
49. DIRECT ADMINISTRATION TO REVIEW PROPERTIES REZONED WITHIN THE LAST 18
MONTHS WHICH HAVE NOT OBTAINED BUILDING PERMITS.
Mayor Suarez: Item PZ-13.
Mr. Plummer: Mr. Mayor, this is a...
Mr. Dawkins: No, this is the one we sent back.
Mayor Suarez: OK, thank you.
Mr. Plummer: This is the one we sent back to where?
Mr. Dawkins: For them to bring out the list.
Mr. Plummer: Oh, OK. This is the one that I said that people did not do
~° anything within 18 months after...
~;
i'
~~ Mayor Suarez: And we wanted a status report in accordance with that ordinance
that we had passed?
'- Mr. Plummer: I would like to at this time instigate within the Planning
~ Department automatic review by the Planning Department and the Zoning Board as
4~
to all of these items who were told would be constructing and are not doing
~ such.
~'
~: Mayor Suarez: Motion is to institute the appropriate Planning Department
~, review.
~''. Mr. Plummer: And Zoning Board.
j Mayor Suarez: And Zoning Board.
Mr. Joe Genuardi: I just want to make one correction. On the list that I
furnished you, the first one has a permit, the 815 NW 37th Avenue.
Mr. Plummer: Have they started, commenced construction?
182 October 2b, 1989
Mr. Genuardi: Yes, sir.
Mr. Plummer: OK, well then that ane's not involved then.
Mayor Suarez: Delete that one.
Mr. Rodriguez: And the recommendation is that we review this with the
Planning Advisory Board.
Mr. Plummer: Correct.
Mayor Suarez: Whatever the proper steps are to revoke if need be.
Mr. Plummer: f'or example, let me give you a good example. Dawn on Dixie
Highway at Bridgeport, I think it is, right next to Zayres, that was approved
and they said they were going to put in a computer company and that we changed
the variances. Guess what? - there is a for sale sign on it right now.
Mr. Rodriguez: Right.
Mr. Plummer: OK? Now either somebody... I'm sure they are going to come back
and tell us that something happened and it changed but they gave very specific
reasons of why this Commission should change that particular location, and we
did. And when I drive by there every morning now, going to my office and I see
that for sale sign, I think at best I've been hoodwinked. As far. as I'm
concerned, the Zoning Board needs to come up with a study and come back to
this Commission and recommend that we do or do not do something on that
particular location as well as the other locations that are indicated here.
It's time that this Commission stop all this damn speculation.
Mayor Suarez: I predict that we are going to promote some sales with this
action and this is precisely what we should do, get them moving, if they are
going to do what they had intended to do and told us that they were going to
do. OK, call the roll on the motion with the deletion that was mentioned.
Ms. Hirai: Need a second, Mr. Mayor.
Mr. Plummer: I'm sorry?
Ms. Hirai: You moved it and I need a second.
Mr. Plummer: Oh, I'm sorry.
Mr. De Yurre: I second.
Mayor Suarez: Seconded by Vice Mayor. Ca11 the roll if there is no further
discussion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION N0. 89-991
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT THE
PLANNING DEPARTMENT, THE PLANNING ADVISORY BOARD AND
THE ZONING BOARD TO REVIEW THOSE PROPERTIES THAT WERE
REZONED WITHIN THE LAST 12-1$ MONTHS THAT HAVE NOT
OBTAINED BUILDING PERMITS, IN ORDER TO REVOKE ALL THE
ONES THAT HAVE NOT BEGUN CONSTRUCTION, WHICH WOULD
TRIGGER AN AUTOMATIC REVIEW BY THE PLANNING ADVISORY
AND THE ZONING BOARDS.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
183 October 26, 1989
1
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None. -
ABSENT: None. ~
50. FIRST READING ORDINANCE: Amend Code, Chapter 62 - Add new Article IX ~
Urban Development Review Board (Sections 62-83 through 87) - provide for
establishment, membership, functions, powers and duties, etc., Urban
Development Officer and appeals from decisions - all to formalize to the
Urban Development Review Board which recommends to Planning Director on
issuance of Class C Special Permits in certain zoning districts -
Rescind Resolutions 42762 and 75-1070.
Mayor Suarez: PZ-15, Urban Development Review Board. Boy, it's been a long -
time since we had an Urban Development Review Board.
Mr. Joe McManus: Mr. Mayor, by resolution some 20 years ago, there was an
Urban Development Review Board established, and that has been performing by
resolution now for approximately 20 years. They meet monthly, bimonthly, and
I think pretty much the same members have been serving for all that time. What
we have brought before you is a proposal formalized by ordinance, the Urban
Development Review Board established procedures exactly what it's going to do,
suggests the number of members...
Mayor Suarez: What number is set?
Mr. McManus: This will be nine members plus an alternate. It would either be
architects or landscape architects and the purpose of that board would be to
offer advice to the Planning Department in reviewing projects...
Mayor Suarez: What is the mechanism for appointment?
Mr. McManus: It would be ten appointments, presumably it would be two
appointments per Commissioner.
Mayor Suarez: OK, any further discussion of the item, Commissioners? I
thought they were pretty instrumental in the Brickell development. That's the
last time I remember having an impact of the Urban Development Review Board,
and the only reason I even know that is one of them mentioned it to me three
years ago, I don't...
~° Mr. Rodriguez: We are working with them. We have been having problems with
some of the people have been faded out of the board and sometimes we have
problems with attendance.
Mayor Suarez: Ah.
!i; Mr. Rodriguez: But they are very effective and they really provide us another
j; service for the City.
'~
Ma or Suarez: The reall do hel
Y Y y p, all right. And what are the requirements
on how many architects and so on?
Mr. McManus: I believe it is interchangeable, Mr. Mayor, in terms of either
~ architects or landscape architects.
;.
!!.; Mayor Suarez: But they have to be one of the two?
Mr. McManus: One or the other, yes.
Mayor Suarez: OK, I'll entertain a motion on the ordinance.
Mr. De Yurre: Moved.
184
October 26, 19$9
Mayor Suarez: Moved.
Mr. Plummer: Second.
Mayor Suarez: Seconded.
Call the roll.
AN ORDINANCE ENTITLED-
Any discussion? If not, please read the ordinance.
AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING A NEW
ARTICLE IX, URBAN DEVELOPMENT REVIEW BOARD, SECTIONS
b2-83 THROUGH 87 TO PROVIDE FOR ESTABLISHMENT;
MEMBERSHIP; FUNCTIONS, POWERS AND DUTIES, GENERALLY;
PROCEEDINGS; URBAN DEVELOPMENT OFFICER AND APPEALS
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, 1971, AND 75-
1070; NOVEMBER 24, 1975, CONTAINING A REPEALER
PROVISION AND A SEVERABTLITY CLAUSE.
Was introduced by Commissioner De Yurre 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 M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
51. FIRST READING ORDINANCE: Amend Code, Chapter 14 ("Downtown
Development") - amend Sections 14-71 ("Traffic Control Measures"), and
14-72 ("Enforcement") - add/modify general requirements for:
transportation control measures related to new development, parking, air
quality, large scale development requirements, etc.
Mayor Suarez: PZ-16, the last Planning and Zoning item, I believe.
Mr. Olmedillo: PZ-16 is the transit of TCM, we call it Transit Control
Measure ordinance and this is an appendix of the DRI. By December of this
year the City is obligated to have a package which...
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Any discussion on PZ-167 Anyone from the general
public wishes to be heard on PZ-16? Let the record reflect that no one stepped
forward. Read the ordinance. Call the roll.
185 October 26, 1989
,;
• ~ -
AN ORDINANCE ENTITt.ED-
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.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
52. AUTHORIZE MANAGER TO ENGAGE FESTIVAL FLOATS, INC. ($25,000) - for
construction of an anti-drug and crime prevention parade float for -
upcoming holiday season.
Mr. Plummer: I have one item I need to bring up for the Department.
Mr. Dawkins: You better bring it up because we may not get to it.
- Mr. Plummer: You want me to bring it up real quick like? Mr. Mayor... (NOTE:
AT THIS POINT, COMMISSIONER PLUMMER READS RESOLUTION INTO THE PUBLIC RECORD.
SEE R-89-992 HEREINBELOW) ... and here Mr. Mayor, and my colleagues, this is
the float to be designed to be used in three different parades, the Orange
Bowl...
Mr. Dawkins: Did DAA designed that onel
Mr. Plummer: What?
Mr. Dawkins: Did DDA design that?
`. Mr. Plummer: Yes. The Orange Bowl, Three Kings and Martin Luther King
Parade. It would be our float in that parade. Monies would come from the Law
Enforcement Trust Fund. I so move.
Mayor Suarez: So moved.
'. Mrs. Range: I second it.
Mr. Plummer: Seconded. Any discussion? If not, please call the roll.
Mr. Plummer: Not to exceed $25,000.
Mayor Suarez: You don't know any developers who are into float making, do
you, Lieutenant?
Lt. Longueira: No sir, I'm just the messenger.
186 October 26, 1989
Mayor Suarez: Thank you. Ali right, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 89-992
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE
THE SERVICES OF FESTIVAL FLOATS, INC., IN THE AMOUNT
NOT TO EXCEED $25,000, FOR THE CONSTRUCTION OF A ANTI-
DRUG AND CRIME PREVENTION PARADE FLOAT FOR THE
UPCOMING HOLIDAY SEASON, WITH SAID FUNDS THEREFOR
ALLOCATED FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT
N0. 69001, SUBJECT TO APPROVAL BY THE CHIEF OF POLICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Range, the resolution was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
P 53. AUTHORIZE MANAGER TO ESTABLISH A MEDIATION PROCEDURE TO FACILITATE
ADJUSTMENT OF DIFFERENCES BETWEEN BLACK FIREFIGHTERS AND LOCAL 587 OF
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
Mrs. Range: Mr. Mayor I have item I'd like to bring.
~'. Mayor Suarez: Commissioner Range.
Mrs. Range: Mr. Mayor and Commissioners, since I've been here on the
Commission these past four months, one of the items that has bothered me most
is the unrest of our Fire Department among the nonunion members and those who
are members of this union.
Mr. Plummer: What is the difference with this one.
Mrs. Range: And I would feel there is a difference in it. Let me have one.
Mr. Plummer: Well, I have two, I don't know if there is any difference.
Mrs. Range: No, they are the same. And I am coming to this Commission in a
spirit of attempting to bring the Fire Department together. As I said in
other meetings that we've had about the Fire Department is that I feel that
there is a great need for cohesion and a oneness of spirit in this department.
As a result of it, I have a resolution (NOTE: AT THIS POINT COMMISSIONER
RANGE READS RESOLUTION INTO THE PUBLIC RECORD. SEE R-89-993 HEREINBELOW) I
have questioned the City Attorney and even though I had written a much
stronger resolution which the City Attorney said was not legal and I
reluctantly offer this resolution now to hopefully be passed by this
Commission.
Mayor Suarez: So moved.
Mr. Dawkins: Second under discussion.
Mayor Suarez: Seconded, Commissioner Dawkins.
187 October 26, 1989
Mr. Dawkins: Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Dawkins: The Charter specifically says that we, the Commissioners cannot
dictate to the Manager in the area of administration. -
Mr. Fernandez: Correct.
Mr. Dawkins: Now, Mrs. Range said she consulted with you and the resolution
that she has does not in any way violate the Charter restrictions between the
Manager's office and the office of the Commissioners. Is that a true fact?
Mr. Fernandez: No, no, where Mrs. Range was coming from, the advice that I
gave her, it does not deal with the office of the City Manager, it deals with
- State statute and with our relationship with the Firefighter's union. Mrs.
Range and I never discussed the relationship between this Commission and the
City Manager's office.
Mr. Dawkins: I will rephrase... I'll ask my question again, sir. -
Mr. Fernandez: Yes.
Mr. Dawkins: The State Charter says that we, the Commissioners cannot dictate
to the Manager's administration. --
Mr. Fernandez: Correct.
Mr. Dawkins: Now, does this resolution in any way violate the Charter?
Mr. Fernandez: No, it does not, sir.
Mr. Dawkins: That's all I asked you, sir. No further questioning.
Mrs. Range: I'd like to further state that I had written a resolution. I was
advised by the Attorney that it would be put us in jeopardy with the State,
and as I said, I reluctantly had this resolution rewritten partially by the
City Attorney's office, with assistance from the City Attorney's office, and
it states very clearly that this would be a voluntary mediation procedure. My
only interest, ladies and gentlemen, is that somehow we bring the people who
work and sleep and eat together for the protection of every citizen of this
community, that we bring them closer together than they are now, and I think
it is a viable thing, and I think we ought to give it every consideration.
Mayor Suarez: OK. I presume, Commissioner, in view of the fact that some
attempts are still being made in mediation in accordance with what we perceive
to be the request of both sides, that Commissioner Dawkins and myself helped
to mediate that this is not a derogation of those efforts, whether they would
be successful or not.
Mrs. Range: You said that this is not what.
Mayor Suarez: In derogation or somehow...
Mrs. Range: No, it's just that it...
Mayor Suarez: Contradictory to that effort in any way. _
Mrs. Range: No, it is not contradictory at all. It is voluntary and I think
the problems have been going on for such a long time.
Mayor Suarez: And I agree with you that the other attempts to mediate have
not yet borne fruit because we haven't gotten two sides to even meet yet. OK,
we have a motion and a second. Any further discussion? If not, please call
the roll.
Mr. Plummer: For the record, it is voluntary, I assume, on both party's part.
Is that correct?
Mayor Suarez: If it is voluntary, yes, it would have to be on both, sure.
Mrs. Range: If it is voluntary, yes, and this is my intent.
188 October 26, 1989
~'
1, i
ii _ __ _ _ . _ ... __ _ ~:
Y~
Mr. Plummer: OK.
The following resolution was introduced by Commissioner Range, who moved
its adoption:
RESOLUTION N0. 89-993
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH
FORTHWITH A MEDIATION PROCEDURE WHICH WILL BE
AVAILABLE UPON REQUEST FOR THE PURPOSE OF FACILITATING
AN ADJUSTMENT OF THE DIFFERENCES BETWEEN CERTAIN BLACK
FIREFIGHTERS AND LOCAL 587 OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS WHICH DIFFERENCES HAVE
RESULTED IN THE CONTINUED EXCLUSION OF CERTAIN BLACK
FIREFIGHTERS FROM LOCAL 587 OF THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS.
(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 M. Athalie Range
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
54. ESTABLISH SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF BOBBY MADURO
BASEBALL STADIUM BY THE "MIAMI AMATEUR BASEBALL ASSOCIATION" - for 1989
season - Allocate $25,000 - Execute agreement.
Mr. De Yurre: Mr. Mayor, last one.
Mayor Suarez: Yes, Mr. Vice Mayor.
Mr. De Yurre: (NOTE: AT THIS POINT, VICE MAYOR DE YURRE READS RESOLUTION
INTO THE PUBLIC RECORD. SEE R-89-994 HEREINBELOW) I so move.
Mayor Suarez: So moved.
Mr. Plummer: OK, I'm going to second it for purposes of discussion. It is my
understanding that this twenty five thousand
Mr. Plummer: will not be given to anybody but bills will be surrendered...
Mr. De Yurre: That's correct.
Mr. Plummer: ...for the purpose of only payment of approved bills.
Ms. Diane Johnson: On a reimbursement basis essentially for City services and
fees.
Mr. Plummer: Oh, it's for City services? And that there is no conflict in a
revenue producing...
Ms. Johnson: No.
Mayor Suarez: Alternative use of the facility. OK?
Ms. Johnson: Correct.
189 October 26, 1989
~ ~
Mayor Suarez: With all of those understandings, basically what we're doing is
we're cooperating in what hopefully we would be carrying out ourselves anyhow
and this league is, in effect, doing it for us. OK, we have a motion and a
second. Any discussion? If not, please call the roll.
Mr. Plummer: Wait a minute, wait a minute. One other thing.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: This league there are no fees charged to the participants for
the use of these facilities. Hello? In other words, any of the kids are not
paying a fee to participate in this thing. Adults. Are they paying any fees
whatsoever?
Mr. Albert Ruder: As far as we know they're not, we'll check it out and
we'll...
Mayor Suarez: He's building it in, I guess.
Mr. Ruder: OK, we'll build...
Mayor Suarez: You're going to build that into the motion.
Mr. Ruder: OK.
Mr. Plummer: There are absolutely no fees involved.
Mr. Ruder: OK, fine.
Mayor Suarez: OK, with that proviso, does the movant accept that?
Mr. De Yurre: Yes.
Mayor Suarez: And the second? Whoever seconded it.
Mr. De Yurre: Well, he put it in.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION N0. 89-994
A RESOLUTION ESTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF THE MIAMI BOBBY MADURO
BASEBALL STADIUM BY MIAMI AMATEUR BASEBALL
ASSOCIATION, INC. FOR SAID ASSOCIATION'S 1989 SEASON
OF AMATEUR BASEBALL GAMES TO BE HELD DURING THE PERIOD
OF OCTOBER 1989 THROUGH JANUARY 1990; ALLOCATING AN
AMOUNT NOT TO EXCEED $25,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COVER CERTAIN CITY FEES
AND EXPENSES IN SUPPORT OF SAID GAMES, AND CONDITIONED
THAT NO FEES ARE CHARGED TO PARTICIPANT ATHLETES BY
SAID ASSOCIATION; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY AGREEMENT(S), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH SAID USER FOR
THIS PURPOSE.
(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:
^
190 October 26, 1989
AXES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
_ 55. INSTRUCT MANAGER TO ASSIGN STAFF TO A COMMITTEE CONCERNING ONGOING
ARGUMENT REGARDING BARRICADES IN THE MORNINGSIDE AREA - to assist both
sides in reaching agreement.
_~ Mayor Suarez: Item 22.
Mr. Plummer: Can we take a two minute break?
Mayor Suarez: Take a four minute recess until 7:20 p. m. so that Plummer can
function.
THEREUPON THE CITY COMMISSION WENT INTO A BRIEF RECESS
AT 7:16 P.M. AND RECONVENED AT 7:25 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT.
Mayor Suarez: I gather that again from the shirts and the handkerchiefs and
bandanas or whatever, that we have essentially two sides that want to be heard
on this issue and my question is, have you either side, hopefully, organized
yourselves to try to limit the number of presentations? -and if so, let's see
_ as to this side as I see the nodding, how many people will actually be making
presentations. Four. OK.
UNIDENTIFIED SPEAKER: Five.
Mayor Suarez: Do we have a corresponding way to limit the number of - I
presume these are opponents because of the no sign.
"' Mr. Doug Broeker: Well, Mayor Suarez, we have approximately fifteen people
that want to speak. However, what we have done instead of limiting the
number, we have limited the issues and each one is going to speak on a
particular issue. We've also limited the time.
Mayor Suarez: OK, but what I'm going to have to do is I'm going to then
allocate a certain amount of time to both sides and then you're just going to
have to limit the individual presentations to the proportionate amount or the
fractional amount of time to give you the same as theirs. And we' 11 keep -
technically, I can hold you to two minutes, according to the City Code - but
I'd like to allow you - I can't allow you much more than two minutes anyhow -
we're going to have to hold you to two minutes. And, in your case, try to
keep it so that your entire presentation, please, doesn't take much more than
20 minutes because theirs will take 30. I guarantee you that the amount of
` time is not going to be the factor here nor necessarily the number of T-shirts
in the room, although I guess we did do one poll of some sort which we'll hear
from. Is that OK, is that acceptable?
Mr. Broeker: Let me propose one more idea, Mayor Suarez, and that would be
that they go ahead and since they're the proponents, give their proposal and
they can just go four in a row and then whatever amount of time they take,
we'll just go until we use up our time.
Mayor Suarez: Well, we usually hear one side and then the other, but in this
particular case, we'll give both sides a short rebuttal at the end by their
one spokesperson, how's that?
Mr. Broeker: That's fine.
Mayor Suarez: OK...
191 October 26, 1989
-~
Mr. Plummer: Mr. Mayor, before we start that, I think that .T. would like....
Mayor Suarez: Yes - oh, we need to hear from the City, of course.
Mr. Plummer: ...to hear from the City first.
Mayor Suarez: Yes, before either side.
Mr. Plummer: And I would like to, just in the City's presentation, as I
- understand it, this goes from approximately 60th Street on the south - no, I'm
sorry - 50th Street on the south to 61st Street on the north. Is that
correct?
Mr. Luis Prieto: That's correct.
Mr. Plummer: With three openings; one at 50th...
Mr. Prieto: Fifty-fifth.
Mr. Plummer: One at 55th and one at 61.
Mr. Prieto: That's right.
Mr. Plummer: OK, now other than the fact that I know a traffic light exists
at those three intersections...
Mr. Prieto: Yes.
Mr. Plummer: ...two anyhow, two. I want to know why you chose 50th Street
and not 51st, 52nd, or 53rd, and why you didn't choose, on the other side,
56th, 57 or 58? Traffic lights can be moved so, you know, thats I wish you
would address when you speak as to why you chose ,just those particular
streets.
Mr. Prieto: These were the openings chosen by the proponents of this
suggestion, Mr. Commissioner.
Mr. Plummer: So what you're saying is, that the group who brought this
proposal forward were the ones that chose it.
Mr. Prieto: That's correct.
Mr. Plummer: And it does not preclude this Commission from saying that we're
going to put it on 52nd Street.
Mr. Prieto: Absolutely.
Mr. Plummer: Or 53rd or any other street, is that correct?
Mr. Prieto: That's correct, sir.
Mr. Plummer: Because, you know, one of the problems that we're faced with,
and we're faced with many problems, there is no question in anybody's mind
that when you close "X" number of streets, the three remaining open are going
to carry more traffic than they have in the past, and trying to equate
fairness to everybody concerned is not necessarily going to say that we've got
to burden one particular street and not another. So, I'm just saying that
this - let's understand, that this is a proposal that was put forth by the
proponents and not by the administration.
Mr. Prieto: That's correct, sir.
Mr. Plummer: Thank you.
Mr. Prieto: We followed their suggestions and as you know, in order to
clarify the position of the neighborhood, the Department of Public Works sent
out a questionnaire, a small self-stamped questionnaire, asking the neighbors
to please comment. The questionnaires were sent out on October 6th and the
termination date, I think, was the 18th.
192 October 26, 1989
Mayor Suarez: Make sure you clarify, doctor, on what basis we mailed them.
Did we mail them to resident owners, registered voters, or as many as lived in
a particular home, and how we chose the number of people that we were sending
to.
Mr. Prieto: We chose them to the property itself; to the resident of each
property. In fact, sometimes we receive several votes on each property, so wE~
had to select on that basis to make sure that each property was represented by
one vote.
Mayor Suarez: On a ona vote per unit?
Mr. Prieto: Yes, sir.
Mayor Suarez: Say if it was a duplex or if it was a multi...we do have a few,
I think...
Mr. Prieto: I believe if it was a duplex, each unit would have one vote.
Mayor Suarez: And presumably, if it was an illegal duplex, we didn't take two
votes, right.
Mr. Plummer: One other question. Did the department, in any way, make a
survey or study in which you put forth a recommended plan that you felt if, in
fact, would be better than that put forth by the proponents?
Mr. Prieto: At this time, no, sir.
Mr. Plummer: You did not.
Mr. Prieto: No, we did not. At this...
Mr. Plummer: OK, so silence on your part of not doing an alternate plan that
you felt was better, does not indicate, or does it7 -that that put forth by
the proponents is what you felt was a good plan?
Mr. Prieto: That's correct.
Mr. Plummer: That is correct, which way?
Mr. Prieto: Your interpretation is that we have no comment at this time on
the proponent.
Mr. Plummer: OK.
Mayor Suarez: Anything further from the Fa.dministration?
Mr. Prieto: Well, we'd just like to say that as we have the tally right now,
we have presently 243 households favoring the closure of the street and we
have 132 households opposing it at this time.
Mr. Plummer: Now, do I understand that this map which I see in front of me.
(Applause)
Mr. Plummer: Do I understand this map which is behind us, the red indicates
opposition...
Mr. Prieto: Yes.
Mr. Plummer: ...and the green is in favor?
Mr. Prieto: That is correct.
Mr. Plummer: Which is addressing the issue that I addressed before.
Mr. Prieto: That's right.
Mr. Plummer: The people that are going to be exposed to more traffic by
virtue of street closing, obviously are where the heavy red are.
Mr. Prieto: That's correct.
193 October 26, 1989
Mr. Plummer: And they are opposed, I assume, because they're going to be
burdened with more traffic than the other streets.
Mr. Prieto: That's correct.
Mr. Plummer: Is that a natural assumption?
Mr. Prieto: Yes, sir, I presume... let me clarify that, although the
Department of Public Works at this time is neutral on this position, I must
make the statement that other departments of the City, primarily Fire and
Police, are not in favor of closing these streets due to emergency access.
(Applause)
Mayor Suarez: Please. I'll have to... please, please. I have to
congratulate you, by the way. This is one of the more revealing and
interesting pictorial maps that we have seen for any issue of this sort that
we've ever handled here and as Commissioner Plummer's indicated, it clearly
illustrates that the residents abutting on two streets are very, very
negatively affected and you can see that from the voting patterns on this
issue. I don't know that, that means there's a solution to it, but at least
it shows clearly the problem and the sort of inherent unfairness of the
scheme, if approved.
Mr. Prieto: There are minor technical issues that you might also want to
consider, that haven't been brought forth yet, like left hand turns from 55th
Terrace on to Biscayne that is southbound, are relatively difficult at this
time, and I would say that we're not bringing to you at this time...
Mayor Suarez: From 55th Street on to?
Mr. Prieto: On to Biscayne turning south.
Mayor Suarez: It's impossible.
Mr. Prieto: It's practically impossible.
Mayor Suarez: Impossible. You have the island and then you also have a
divider, you have a little bit...
Mr. Prieto: That's right, sir.
Mayor Suarez: Well...
Ms. Range: Do you have reference to it being impossible because - or nearly
impossible - because of the traffic flow or obstacles there?
Mr. Prieto: It's just an obstacle.
Mayor Suarez: No, no, there's an obstruction there that forces you to go
right and there's also a little obstruction in the actual median.
Ms. Range: I see.
Mr. Prieto: That's right.
Mayor Suarez: It's not a very high one but...
Mr. Dawkins: It's a natural barricade out there, that's all.
Mr. Plummer: Well, that could be altered. Mr. Mayor, you do have someone
here from the State of Florida, Department of Transportation, and maybe they
would like to make a statement or maybe not. I don't know. Did you wish to
make a statement, sir? If you do, come to the record.
Mayor Suarez: Please, yes.
Mr. Ken Vorce: My name is Ken Vorce, I'm the district traffic operations
engineer representing the Florida Department of Transportation. And first I'd
like to say the department is not here tonight to present a position one way
or the other on this issue. But we have had a chance to conceptually review a
194 October 26, 1989
~ ~
barricade plan. It looks like this is very similar to it and we want to make
_~ sure that since Biscayne Boulevard is a State Highway facility, that any
j decisions that may be made in regard to traffic flow in that facility be
j evaluated as to potential adverse impact and if a determination is made that
the impacts have to be mitigated, that a plan to develop those measures be _
presented and I'll further add that I'll be here tonight during the course of
this discussion to answer any questions that either side may want to present.
I
Mr. Piummer•: Maybe the Mayor wanted to ask this question, but I'm going to
ask it of you. At the last meeting which I think we spoke to the barricades
in Coconut Grove, are you familiar with the barricades that were used in the -
Grove?
_ Mr. Vorce: No, I'm not, sir.
Mr. Plummer: OK. We were told that a state regulation barricade has to be
those ugly monstrosities that are yellow and black boards. Is it your
__ understanding of the state code that that is the only barricade that can be
used?
Mayor Suarez: Well, but those were temporary barricades.
Mr. Plummer: Well, we're talking... yes.
Mr. Vorce: No, there's alternate configurations that could be reviewed and
possibly accepted.
-~ Mr. Plummer: Will you please send our department a copy of any variations
r~ that we could use to avoid those monsters?
r
Mr. Vorce: Yes, sir, who should we send that tot
Mr. Plummer: Because this is proposed as before us this evening, is for a 90-
day trial basis. Am I correct? Am I correct, of the department? i
Mr. Prieto: Yes, that's correct, sir.
Mr. Plummer: Ninety days.
Mr. Prieto: Ninety days for trial. Mr. Mayor and Commissioners, I'd like to
correct a figure I gave before. The figures I gave were petitions. On the
voting ballots, I really have in favor 165 and against 131. We have a lesser
number than the petitions. I'm sorry, I apologize for that error.
Mayor Suarez: Thank you from F.D.O.T. (Florida Department of Transportation) -
and we'll hear then from the proponents. I also have no problem if you have
15 and they have five, if we go one and then three, and then one and then
three. That might also be acceptable. At least maybe a little less boring to
all of us.
Mr. Enrique Solares: Mr. Mayor, we wouldn't mind, if you would like, we'll
have four and then let one person come at the end. No?
Mayor Suarez: We can do one and then three and then one and then three.
Madam City Clerk, would you help me with counting of that and, of course,
theirs have to be limited - less limited than theirs in time. Go ahead,
proceed, give us your name, address, and make your argument.
Mr. Plummer: Is this a zoning hearing? Is this a zoning hearing? It is not.
Mr. Enrique Solares: Enrique Miguel Solares, I live at 478 N.E. 56th Street.
Buenas noches, good evening, Mr. Mayor, Mr. Vice Mayor, Commissioner Dawkins,
Commissioner Range and Commissioner Plummer. My neighbors and I would like to
thank you very much for giving us this opportunity to address you about the
concerns that we have. First, let me take an opportunity to mention that
about 75 of my neighbors, some of them in their 70's and 80's, demonstrated
for an hour-and-a - half last Friday evening against prostitution and drugs
along Biscayne Boulevard. We take our problems seriously, and we hope that
you appreciate the deep concerns we have about our declining quality of life.
Four of my neighbors and I are here to make presentations on behalf of those
other neighbors who feel as we do, that Morningside is struggling to survive.
We are fighting the problems that beset our neighborhood and fear that if we
195 October 26, 1989
do not succeed, Morningside, as we know it, may not be around in another five _
or ten years. Our neighborhood is ethnically and racially diverse. A
significant improvement over the homogeneous Morningside of 40 years ago when
my own family may not have been allowed to live there. We are also Miami's -_
first historic district. We take pride in the architectural distinction of ='
our neighborhood. Every year we share this pride by opening our homes to
nearly 1,000 people of all walks of life during our annual historic home tour.
Our seventh annual home tour is already being planned for next spring. We're
also preparing to spotlight Morningside during the 1992 quincentennial when -
the National Trust for Historic Preservation will hold its convention in Miami
and the eyes of the entire country will be focused on this neighborhood. Last
week, your Heritage Conservation Board voted unanimously in favor of traffic
island controls for Morningside. They too are concerned about the
encroachment of the boulevard upon Morningside and the deterioration and decay
that we are experiencing. Since I have lived in Morningside, the problems
related to Biscayne Boulevard have not improved. The number of crack addicts
and prostitutes has increased. The streets near the boulevard, like my own,
are now circular drives for Johns in search of prostitutes and they provide
hiding places for pimps and drug dealers. The avenues of our neighborhood are
open speedways to the boulevard. Residents of Morningside have repeatedly u
asked for some relief from the City to help us resolve these problems. I'm
not sure that we have any iron clad solutions, but we're trying to come up -
with some of our own and we don't mind listening to alternatives from Public
Works or from you. Our request, which is reflected in the proposal left in
your offices October 13th, is that you restrict vehicular access from Biscayne
Boulevard. The City previously designated the primary access roads into
Morningside by its installation of traffic lights at 50th Terrace, 61st Street
and the widening of 55th Terrace to provide access to the park. We propose no
change to that. We thought you had the answer. However, we do request one =
minor change from our proposal and that is that instead of closing 6th Court,
we propose that you close 60th Street. Other adjustments, as I said, may be -
prudent in the final plan, such as the addition of four way stops at certain _
intersections. But we're more than willing to work with you on those
adjustments. In addition, it's important that you understand that we are -
proposing that the permanent barricades, if erected, be similar to those that
you have approved for Bayside which permits the access by emergency vehicles -
so that there may be no question raised about the adverse effects of emergency
vehicle response time. Further, you should understand that these barriers
will not impede pedestrian traffic. Furthermore, we do not, and let me
reiterate - we do not propose to prevent anyone in this City from visiting and
enjoying Morningside Park. In my conversations with Director Ruder, he said
that improved signage along the boulevard was probably all that was needed to
direct people to the park. The Committee for a Better Morningside, a name
that we chose to identify our ultimate goal, has met with all of you in
addition to your staff, staff of Public Works, the Fire Chief, the Police
Chief, the Police District Commander for the northern district, and the Parks
Director and Historic Preservation Director. We've also had some discussions
with professional traffic engineers. There are no insurmountable problems to
the proposal you have before you. More significantly, the Committee for a
Better Morningside has held individual street meetings in our neighbors' homes
on every single street. We have met openly to discuss the pros and the cons
with those people who chose to attend. We also shared with our neighbors our
concerns and hopes and tried to eliminate as much of the confusion and
misinformation as possible. My neighbors and I are asking for an opportunity
to try for ourselves what Belle Meade, Bayside, Coconut Grove, and Miami
Shores have so far found beneficial. I'd Iike to stress that we don't claim
that limiting access will solve all of our problems, but we're asking for your
help. We're requesting that you authorize a temporaryrial period during
which the neighborhood and your staff can determine for itself whether or not
the traffic problems that plague us will be diminished. No amount of
speculation can replace actual experience. As you know, the neighborhood
voted in favor of barricades according to the ballots sent to us by the City.
If this had been an election, barricades would have passed. In fact, we
believe it was a de facto election and that a 75 percent voter turnout in any
election is astonishing. Finally, we wish to accentuate the positive here and
to focus on the ideal. We are not going to discount any possibilities that
you may come forward to us. As the Mayor has often pointed out, Miami's
richness lies, and its strength, lies in it.s neighborhoods. We implore you to
listen to our plea, help us help ourselves. Support the preservation of
Morningside through this temporary trial barricade period. Thank you, Mr.
Mayor.
196 October 26, 1989
• O
Mayor Suarez: Thank you for your statement.
(Applause)
Mayor Suarez: Please. We're going to do three from this side then so that we
can all try to be as fair about this as possible and not get too bored.
Mr. Broeker: Thank you, Mr. Mayor. I recognize that they took seven or eight
minutes. I may take a little bit longer than two since I'm going to introduce
a little bit more than the others. I'm Doug Broeker, I live at 538 N.E. 55th
Terrace and I'm opposed to barricades. You"ve heard some upbeat statements
but, in fact, this is Morningsfde's darkest hour. We come before you as a
neighborhood deeply divided by the barricade issue. You've all been handed an
appendix on pages 47 to 66. We have quite a few letters back and forth that
range from the antagonistic to the bizarre. We're asking for your decision on
whether or not to block 12 or 13 of 15 streets. But I ask you first, to
decide tonight. The public and private antagonism, charges, counter charges,
are ripping our priceless sense of community to shreds. We who oppose
barricades feel besieged by those who try to dramatically change the quality
of life in our homes by sweeping the traffic from 14 streets on to two or
three, and in creating about ten or eleven dead-end streets and limiting the
access to and from the neighborhood. The siege is not going to be over until
you all resolve the issue. The second thing I ask you to do is to resolve to
vote this proposal down because barricades are not right for Morningside.
They just don't fit. You'll hear several opinions. You've heard from some of
your government departments. I'll ask you to ask for the Police Department's
opinion, the Fire Department's opinion and why and bring Mr. Vorce from DOT
back up and ask what's the effect on Biscayne Boulevard. And when you hear
those facts, I'm confident that you'll see that you can vote barricades down.
The issue of barricading eleven streets is not an issue of majority rule or
greatest good for the greatest number. It's more like an issue of oppression,
whether barricade proponents might enjoy what they perceive to be moderate
gains at the great expense of those who will suffer and who never envisioned
this when they moved into the neighborhood. Barricades don't fit in
Morningside like they might in other areas like Belle Meade. Morningside has
no pass through traffic, nobody cuts through Morningside to get somewhere
else. We have the largest City park that's used by thousands weekly. A 33-
acre public park at the end of 55th Terrace. We're a historic district, the
first historic district in the City, so we invite many people in. Barricades
aren't going to reduce that traffic a bit. Additionally, the streets in
Morningside are very narrow. Some half the width of the streets in Belle
Meade. Those streets, and I want to point out, that this is not to scale,
50th Terrace, 58th Street, and 50th Terrace compare an open street, which is
only 17 or 18 feet wide, with a closed street that's about 40 feet wide, 20 on
each side of a median, and also compared to the streets in Belle Meade which
are 35 to 38 feet wide. The streets that you're proposing to leave open, 50th
Terrace, 61st Street, just aren't designed to handle that increased load. So,
looking at the facts, barricades do more harm than good. Your Police
Department is opposed because they reduce response time, as is your Fire
Department. They don't decrease crime a bit. Belle Meade's major crime rate
has gone up exactly the same as Morningside's major crime rate for the last
three years, and they're back, as you know, asking you for guard houses. The
plan before you was not thought through, not backed up and not developed
through proper channels. The plan was formulated, and a petition circulated
without consulting witl'i the local civic association, without consulting with
Public Works. It's crazy, for example, looking at 58th Street as you come
down Biscayne Boulevard, it's crazy to close your best entrance and exit to
the neighborhood. That's where 5th Avenue and 58th Street come together at
the Boulevard. But many of your proponents, your strongest proponents, live
there and I think they want their street closed irrespective of whether its a
smart plan or not. So, I'm asking you, please, put this issue to rest
tonight. Vote barricades down. Thank you very much.
(Applause)
Mayor Suarez: Please, please. I'd hate to have to start taking into account
the clapping time of each side because that really gets us into a mess
j situation here so, please, I encourage you not to clap. You could clap at the
end if that helps. At the end of the entire presentation. OK, Doug, you gat
some other...
i
Mr. Broeker: Yes, we do.
197 October 26, 1989
1
!'
Mayor Suarez: Please. Xou get two more.
Mr. Broeker: One thing I would ask you to do is to ask Mr. Vorce back at some
point during the proceedings dust to get the impact on Biscayne Boulevard
because you're 61st Street, 62nd Street, there's about three lights in four
blocks up there. I don't think that's a good place to turn left.
Mayor Suarez: Hopefully, some of your presenters will make all those points.
I'm sure, by the time you get through 15, I can't imagine that it won't be
repetitive.
Mr. Dawkins: OK.
Mr. Wilfred Lazar: My name is Wilfred Lazar and I'm a Haitian American. I
Live in 375 N.E. 54th Street. As you can see, the beautiful maps there and
the red colors scattering all over the place and the green all over. You can
see as we are in 1989, some people refuse to accept the changes. Some of them
already said that if it's happened that they have barricades, they will stop
people on the streets and will ask them where they are going. I think to me
this is not a matter of privacy, this is not a matter of because they want
live in the suburb, but it's because they refuse to see different people
walking in their neighborhoods. I think we are not going to talk about drugs
or prostitutes, I think its Police works. For the people the park is a public
place, the streets public streets and the people are taxpayers. I think they
are free to walk as long as they are not touching or they are not disturbing
the neighborhood, they are not breaking houses, they are law abiding citizens
walking to go and get fresh air on the park, and some of the kids while
walking, they are poor kids in the neighborhood who doesn't have no swimming
pool in their home, they don't have no other place to play, but sometime to go
and play ball in the parks, and if they are walking, they are not throwing
stones, they are not stealing anything. I think they are free to walk because
this is the American way of life and to me, in the year 1989, which is not
1960, the more Miami is growing, the more we are going to have these kind of
people who want to put barricades all over the place. So far, I have been
walking in Miami Shores, E1 Portal, they start putting barricades. Now the
people in Morningside want to put barricades and time by times you will see
every neighborhood would like to live like in suburbs, they are going to ask
for barricades. I think we and the City Commission, or City Commissioners,
we'll have to ask for more police or more protection for the people who live
there instead of barricading the streets because the streets are public
places. I had a lot of things that I wrote and I have six hundred signatures
of people living in the neighborhoods...
Mayor Suarez: Ordered into the record at this point. If you've finished your
remarks, then we'll go ahead and put it in the record. OK?
Mr. Lazar: Yes. Those are 600 people, besides everyone you see coming here
and, as you know, those people have money to buy sweaters to put on and we
don't have no sweaters, we have only a handkerchief that we could buy.
(Booing from the crowd.)
Mayor Suarez: Please, please, please, please....
Mr. Lazar: No, no, no, none of this is true. So there are people who want to
live separate, or they want to barricade themaelf, to live freely, happily and
forget about the burden of the City. And I think everyone here are taxpayers,
everyone has to be free to walk in any street they want to I am glad I could
say, here in the United States, you have a way to come when you have a problem
like that, and then you can come and discuss your own problem without
fighting, and this is a very nice thing. But what I can see for now, and I
see for 1989, you are going to have this kind of problem with people coming to
you everytime - want to have barricades and I think, to me, the American way
is to have people freely walking unless if they did something wrong, they can
put hands on them or do something, I think we need more police instead of
having barricades. This is what I had to say.
Mayor Suarez: Thank you for your statement. Bring the mike down, please so
we can hear.
198 October 26, 1989
Ms. Camille: OK, I'm debating against barricades. What I think is the best
idea...
Mayor Suarez: Remember to give us your name and address, please, or business
address if you...
Ms. Camille: OK, my name is Camille and I live downtown. What I want to
say...
Mayor Suarez: Please, please, please...
Ms. Camille: What I want to say about barricades is no good. Just because
barricade is not the solution for drug addicts and prostitution, it's not at
a11. Just because -when you barricade that mean that you have the privilege,
that you have a kind of property that you own, that's barricade, and offering
in the public place it should not be barricade. And barricade is no good
because it take out the privilege of the public that paying tax. And as long
as I'm paying tax, as long as I'm living in Miami, I want to have some
privilege also. And the people that are for barricades those are people that
doesn't know exactl what public mean. And they know exactly what they want,
and they want to have a selfish idea of Miami. And I think that they want
barricade because they will have the opportunity to develop the area only.
And why should they put the performing arts inside the parkl It's not a good
place. Downtown is a better place.
Mayor Suarez: Thank you for your statement. Second presenter on the pro
side.
Ms. Margaret Ralph: Mayor Suarez...
Mayor Suarez: This whole thing, by the way, is going to prompt us to begin
the recycling efforts a little quicker than we would have otherwise so we can
make money on all of this paper. Go ahead.
Ms. Ralph: Mayor Suarez, Vice Mayor De Yurre, Commissioner Dawkins,
Commissioner Plummer and Commissioner Range, my name is Margaret Ralph, I live
at 424 N.E. 51st Street, My house is the second house east of the Boulevard
in the 400 block. I've lived in Morningside for eleven years. I was born and
raised in Miami. I am a vice president and personnel manager for a region
with a ma3or bank. I believe in the beauty and the uniqueness of Miami, but I
am compelled to come before you because I, like so many, am tired of being
confronted with the refuge that appears on the Boulevard. The condoms, the
crack pipes, the needles, the drug paraphernalia that is in our front yards
and in our streets. I have to pick up condoms in my own front yard. Sex acts
are known to be taking place in our driveways, in cars while our children
observe from second story windows. The proximity of some 30 crack houses make
Morningside an easy target. I have a front bedroom that I am unable to use,
especially on weekends because of traffic, The noise of cars barreling
through my street makes sleeping there impossible. Cars continually cruise up
and down my street looking for prostitutes, Over the eleven years, many calls
have been made, You think you all have been to a lot of meetings. Many
meetings have been had with various heads, Janet Reno, Police Chiefs, heads of
special task units, sweep units, etcetera, all to temporary or no avail. A
couple of Sundays ago, after I returned from mass, I went out to wash my car.
In a period of 45 minutes, 12 cars circled and recircled my street. These
were not neighbors, these were not families going to the park for the day,
these were not friends visiting neighbors. These were men alone in their cars
cruising my street. I care about my neighborhood. I like the diversity of my
neighbors. I don't want to move to the suburbs where everything is the same.
I have and will continue to work for Morningside and the northeast, but change
is necessary. I urge you to vote in favor of barricades that will help stop
the traffic in my neighborhood. Please help us to gain the respect of being
the first historic district of Miami and not the hooker haven of the
Boulevard.
(Applause)
Ms. Ralph: I respectfully ask each of you to consider my comments and help me
to feel safer in my home and in my neighborhood that I love. Thank you.
(Applause)
199 October 26, 1989
~' -
Mayor Suarez: Please.
Ms. Amy McClelland: My name is Amy McClelland and I live at 525 N.E. 50th
Terrace. I oppose this plan because in terms of simple logistics on how
traffic moves in and out of our neighborhood and in terms of safety, this plan
is a thoughtless plan. Unlike Belle Meade, or any other neighborhood that has
barricades, Morningside has one special feature that draws five to seven
thousand cars a week into the neighborhood, and that is Morningside Park.
Morningside Park is also the primary reason why this barricade plan is so
badly suited to our neighborhood. Barricades have been erected in other
neighborhoods to divert unwanted traffic out of the neighborhood, unwanted
traffic that does not belong in the neighborhood. In Morningside, 95 percent
of our traffic belongs in our neighborhood. Only with barricades, those cars
will be funneled into three streets, two of which are narrow and unsuited to
handle that extra traffic. No matter where you place barricades in
Morningside, those five to seven thousand cars will still be coming through
the neighborhood. Now, I'd like to show you some slides that I have of the
open streets, the three open streets.
Mr. Plummer: Somebody needs to cut out the lights.
Ms. McClelland: I'm going to start with N.E. 50th Terrace, the street that I -
live on, it's the southernmost open street... Anyway, the slide shows two cars
passing each other on the street - and it will show that the street is narrow.
g _
When cars pass each other going opposite directions, they actually have to
slow down. I'd like to point out that in the summer, this street is
frequently used by children walking to Morningside Park to get to the pool.
~`
? Can anybody see this? These are just slides of cars passing. There's also,
{ at the erd of our street, a very dangerous L-curve which is a blind curve.
±~~
U This slide shows that 50th Terrace goes into 7th Avenue at an L-turn. This is
~ _
a slide showing what it looks like, a car going down 7th Avenue about to turn
f _
on to 50th Terrace. As you can see, you cannot see around the corner because
i of the foliage. And this slide shows a car coming around that corner on to
50th Terrace. Fiftieth Terrace will be one of the major thoroughfares to
~ Morningside Park and also to the rest of the neighborhood. The next slide is
a view of N.E. 55th Terrace which barricade proponents are depending on to be
the major access to the park. This was mentioned earlier but there's a major
drawback to this street. Cars can only enter 55th Terrace f rom Biscayne
j Boulevard from one direction and that is going south - north, I'm sorry - and
? cars can only leave N.E. 55th Terrace by going north because there is a curve
~~ there and its a very dangerous - there's an actual barricade in the middle of
Biscayne Boulevard. The next slide I have is a slide of N.E. 61st Street.
Now, this is probably the most ludicrous street of all to be left open. This
- is a very narrow street, it's badly paved, on both sides of the street are
i apartment buildings filled with children. They play near the street, they
j bicycle on the street, this is going to be the major thoroughfare to
~ Morningside Park for residents coming from the north. And I also want you to
~ know that since 61st Street was not technically part of the original barricade
~ plan, the residents of this street have received no notification that their
street would be the major entrance to Morningside, they have absolutely no
idea that this proposal is being considered, and I think this is grossly
unf air. The only thing I can think of is the proponents must believe that it
~
i is all right to sacrifice the safety of the people on this street to make
their life in the historic district more protected and exclusive. Finally,
this is an intersection at N.E. 58th Street and 5th Avenue which Doug Broeker
~,I mentioned. It is a broad generous intersection, it has three lanes for
~ entering and exiting Biscayne Boulevard and the neighborhood, and it is
-
1 frequently used by residents. This will be closed. This is the third lane of
, an extension of 5th Avenue coming out on Biscayne Boulevard. I don't know why
it's being closed, I assume just because many proponents of the plan happen to
live on 58th Street. That's my presentation and I urge you to vote no on this
barricade plan and vote tonight. Thank you.
i Mayor Suarez: Thank you.
,a (Applause)
Mayor Suarez: Please, please. Doctor.
Ms. Joan Lutton: My name is Joan Lutton, I live at 167 N.W. 109th Street,
y
Miami Shores. I'm the principal of the Cushman School. We are very concerned
about this proposal because we have a major traffic problem at the school
f
i
200 October 26, 1989 7
i
t
every morning and every afternoon when approximately 200 cars enter our
property at 60th Street and Biscayne Boulevard in a half an hour period and
leave after dropping off their children. We feel that if added traffic from -
the 60th or 61st Street proposal is put on that intersection, it could cause
accidents, it could cause children being injured, so we're very, very
concerned about having either one of those streets be the only one left open
on our end. The school is located on a blind curve anyway which is a very i
difficult left turn if you're heading north and a lot of our parents have to
make that turn already. So, we feel that the City Commission should strongly
consider this plan before they let one of those streets be the only one left
open. In addition, I'm going to take a minute. I live in Miami Shores, I
live on a barricaded street, I've lived in the same house for 23 years. My
house was broken into two months after my street became barricaded for the
first. time.
(Applause)
Mr. Scott Perwin: Members of the Commissioner, my name is Scott Perwin, I
live at 525 N.E. 50th Terrace. I've come here tonight to ask you to vote =_
against the barricade proposal. I live with my wife and two daughters on one
of the open streets under the proposed plan. I'm also an attorney, I work in
a law firm downtown. I want to make two points as briefly as I can. First,
the proposal should be rejected because the harm which will be imposed on the _
residents of the open streets is prohibitive. As you've already been told, _
traffic will increase five to ten times - five to tenfold on those streets - _
property values of the houses on those streets will go down ten to fifteen
thousand dollars a house. I don't honestly believe that the benefits which =
are supposedly going to accrue to the residents on the closed streets outweigh
the harms which will be imposed on the people who live on the open streets. -
The benefits are completely speculative. We don't know whether barricades are
going to reduce crime, whether they're going to reduce prostitution. We do _
know that the traffic is going to be funneled on to three streets and the
property values are going to go down on those streets and, of course, we know
that all the residents are going to have to pay the cost of them putting
barricades up. I don't think that the barricades are worth those costs.
That's my first point. My second point is, even if you assume that the
benefits for the neighborhood as a whole outweigh the cost to the residents on
the open streets, the proposal should still be rejected because it's unfair.
All of the costs are going to be imposed on one group of residents, all of the
benefits are going to be felt by another group. That simply isn't fair. This
may not be technically a taking of property under the Constitution, but the
principle is the same. This proposal enriches the majority of homeowners at
the great expense of the minority. Members of the Commission, with all
respect, we don't elect you simply to count hands or shirts or scarves. We
elect you to use your sense of justice and your judgment and your intelligence
to do what's right. This proposal is not right because it makes one group of
residents very much worse off in order to benefit a different group of
residents, and that isn't fair. The proposal should be rejected tonight.
(Applause)
Mr. Ida Justi: Mr. Mayor, Commissioners, my name is Ida Justi and I'm from
the Haitian community. In other words, I come from the minority of the
minorities. I am here to speak against the barricade - why? We heard a very
intelligent lady mention why we should have barricades because she says I, I,
_ I and because this matter is a community matter, she should speak in term of
we, we, we. Why? She's mentioned because when she wakes up in the morning,
she find condom. Ten years ago condom was a forbidden name, word; nobody said
condom ten years ago. Now is a house word name. So, no wonder that she find
_ condom, I find condom, everybody can find them. No matter where you live.
Number three, she wants to put barricades. I live next door. She said, what
- are you doing here? -you don't live in Morningside. And I would say, I live
- next dooL• to you, I live in Little Haiti, and Little Haiti because of many
reasons that where I used to take my children on Sundays where I have read a
little bit, and the best time I could with family at that time, I can carry
them like a ham with loaf of chicken behind. I used to use my car and when I
go somewhere, I see barricades, as a black, I start getting shaky. And I'm
asking myself why barricade that takes me to a public facility. Last time I
spoke on behalf of art center at Dade County and one of the reason I say that
art center as a public facility should stay in Miami because they were more
access to that art center place in Miami that it would have in Miami Beach.
So please, access to a public facility is the main question and we, the
201 October 26, 1989
Haitian, we like you, you like us, please don't keep us out of Morningside.
Thank you.
(Applause)
Mayor Suarez: One more.
Rev. F. Johnson: I am Fedford Johnson...
Mayor Suarez: Reverend.
Rev. Johnson: I am Theford Johnson of Miami, Florida, and I am an American
American. I came to Miami the second of February in 1935 and I have been
moving up the ladder all the while. It took me two years to acquire a lot and
build a brand new house in Morningside and the whole while I'm building to
enjoy what I thought was a fair minded neighborhood, all of this was building
up. I don't know whether I'll have to sell my house or not, but I would say
that the whole idea is a very ludicrous one. Barricades are not going to
solve our problems. We may create more problem with barricades than we will
without them. I would hope that we would think sanely about what we are doing
and for goodness sakes, don't fence me in. We can live together. This final
observation is, I'm sure we're seeing on television and other places, where
people have tried to live with walls and for the years it didn't work and now
they're tearing the walls down and here we are in America at this late date
starting to build walls. Think sanely about what you're doing and brothers
and sister Commissioner, do the thing that is right, vote the barricades down
and out. Thank you.
Mayor Suarez: Reverend.
(Applause)
Mayor Suarez: I'm going to hold the opponents to a very strict time limit of
two minutes in accordance with the code because you've already exceeded
twenty, so be very strict with it from this point forward so we can get out of
here in time to - complete this item in time to complete the next item which
we also have on the agenda. Evonne.
i Ms. Evonne Raglin: Mayor Suarez, Vice Mayor De Yurre, Commissioners, I'm
- Evonne Raglin and I live at 600 N.E. 57th Street. I moved to Morningside five
years ago and like many of my neighbors who have lived there for the last five
1 to seven years, we moved in because Morningside, which is no surprise to you,
{ is fast becoming a very diverse, exciting, integrated neighborhood. Having
{ lived in other cities who struggled with integration, I recognize the problems
j when I see them. I recognize that polarization destroys cities. It's
! probably no secret that there are people on both sides of this issue who would
just as soon prefer that I live somewhere other than Morningside. But the
reality is, I live there and I enjoy living there most of the time. Normally,
I would have stayed very quiet on an issue like this. I would have just sent
in my ballot and that would have been it, but I am absolutely appalled as I
have shared with some of you, that with the current climate that exists in
~? Miami, that my neighborhood, the neighborhood that I'm so proud of, has been
~~ making statements that contributes, in my opinion, to an unstable racial
climate. I've heard Morningside residents make statements about gays and
j~, yuppies and niggers and all of the kinds of things that continue to polarize a
city. I'm pleased that none of those things are being said here tonight. You
?~ and I cannot condone that, nor should we focus or allow people to focus on
~' closing people out of a park that has open access, that we are proposing to
`j have open access, both vehicular and by foot. Commissioners, Mayor, the
~~ issue, as I see it, is that Miami has a neighborhood that is becoming
integrated, that is struggling with its survival as a viable and safe
neighborhood for those of us who do not wish t.o live in unincorporated Dade
County, Coral Gables or anywhere else. The issue is that we are begging you
to help us remain in this exciting number 20 livable city by curtailing the
-~ traffic that's going through our neighborhood. For more than seven years,
residents of Morningside have asked for help stemming the negative impact of
Biscayne Boulevard. I've had my car stolen from in front of my house,
probably so have you. Recently, I had two thugs who screeched up in a car,
' jumped out, threw me to the ground, stuck a gun to my head, threatened to kill
me, took my luggage, took my purse and the knee jerk reaction was to sell my
house and to move to somewhere that's safe. But Commissioners, the reality is
that I live in the City of Miami because I am committed to cities. Many of my
202 October 26, 1989
i
t
neighbors on both sides of this issue are committed to the City, and it's Only
if we work together that we can make Miami a great City, but we need your
help. Traffic speeds by my house all times of the evenings and nights long
after the park has closed, so that's not the issue. Prostitutes and their
clients, they used to park in front of my house too, so I put so many lights
up that it looks like Christmas all year round, and they don't park there any
more. But everybody can't do that. Give traffic barriers a trial in our
neighborhood, Commissioners, and then we'll all have definitive information at
the end of 90 days. My children and I used to use the park - my children are
now somewhere else, sitting right there now - but we used the park and so I
can tell you first hand what goes on in the park and sure, the police have
asked me to leave in the evening too, but that's the rule. I knew first hand
that that park is open to everyone, and that I propose that it will continue
to be open to everyone and I will personally commit to you that if T find that
it is not the case, that I will be back before each of you letting you know
that. I commit to that. I will make so much noise that everybody in Miami
will know that people are being excluded from that park. I'm pleased that our
Haitian Americans are here, and T'm pleased that they're concerned about the
park, and I'm asking you, Commissioners, Mayor, to help me reassure them that
the Morningside park is open to them and will remain open to them. The chart
down here shows the direct routes that are being proposed by those of us who
are in support of barricades, but we're not wedded to that. If, in fact, you
and the staff tell us that another street is better, if you tell us that fewer
barricades is the way to go, we're open to that. All we're asking you to do
is to be understanding of the problems of the traffic and other things that
exist in Morningside. If you're looking for an accident, I can tell you
exactly where to go. Go to 6th Avenue and 60th Street at Biscayne Boulevard
at the corner that the administrator from Cushman School was talking about.
You are almost guaranteed to have an accident because Morningside traffic is
trying to go out, the Cushman parents are trying to turn left, but with the
proposal here, with the entrance being at 61st Street, we would have solved
that very problem that she is referring to. Commissioners, Mayor, our pain is
a real pain. Our pain is just as severe for us as it was for the people, or
is, for the people of Coconut Grove. I understand the concerns of the people
who live on the proposed open streets. I understand that. If you decide to
change the open street to my street, I wouldn't be as happy as I am right now,
but I would be willing to allow that to happen because we're talking about a
total community that we're trying to save. We're talking about the future of
one of Miami's historic, newly integrated neighborhood which received
worldwide recognition during the Pope's visit. We're talking about a multi-
ethnic neighborhood which holds open houses and invites people to come in.
We're proud of our neighborhood. We're talking about a residential
neighborhood that is begging you not to defer this issue. We're talking about
a neighborhood that has a split, and I'm asking you to help me figure out a
way that we can heal the split that exists in our neighborhood. But I'm also
asking you to vote yes for this trial period. I'm asking you to allow
temporary barriers for the traffic. Thank you.
Mayor Suarez: Thank you for your statement.
(Applause)
Mayor Suarez: Please, please, please...
Ms. Jennifer Simpson: My name is Jennifer Simpson and I Iive on 441 N.E. 52nd
Street and I am against barricades and I am definitely against the proposal
that is before you tonight. Don't be confused, the proposal that is before
you is not exactly the one that you see. The proposal states that it will be
50th Terrace, 55th Terrace, and 60th Street that will be left open, and that
is the proposal that I am going to be talking about tonight as that is the one
before you. I live on the block closest to the Boulevard, Biscayne Boulevard
between 50th Terrace and 55th Street is lined with motels. The motels are the
place of venue for prostitution and it is prostitution and crime that I wish
to address. Proponents claim that barricades will prevent "Johns" f rom
circling the 400 block in their search for prostitutes. Such circling may
stop, but I believe a more serious problem will result because the barricades
are to be aet back from the Boulevard behind the motels, a cul-de-sac will be
created on each side of the barricade providing privacy and ample parking for
the "John" and his prostitute. All the prostitute has to do to elude police
is to step through the barricade and into Morningside. Routine police patrols
on the 400 block will be impeded because of the inconvenience of having to
turn around at the barricade. Tt is most likely that routine police patrols
203 October 26, 1989
will travel down 5th Avenue, as you can see here, it runs parallel to Biscayne
Boulevard, look down the 400 block, but not always enter the street. Thus, a
less frequently patrolled, quiet area will result providing the prostitute a
beautifui haven in which to do her work. The same arguments hold true for
drug dealers. The col-de-sac will be so comfortable that it will also
naturally draw loiterers and their litter, and I live very close to where the
barricade will be. I am very concerned that if the barricades are erected on
our block it will turn into a quiet, dead end street; a perfect place for the
burglars and muggers of Biscayne Boulevard to do their job. With few people
traveling down the streets, the criminals will have a hey day. I ask you
tonight as a resident on the 400 block on a street that has been proposed to
be closed, to vote this plan down tonight.
Mayor Suarez: Are you wrapping up please? We have exceeded the amount of
time to your side and the code provision.
Ms. Simpson: Please stop the bandwagon effect of barricades and compel
Morningside to deal in a forthright manner with its problems. Thank you.
(Applause)
Mayor Suarez: Quickly, Doug, the arguments are getting cumulative to put it
mildly. The arguments are getting cumulative, to put it mildly. Not to say
repetitive, etcetera, etcetera.
Mr. Dave Schlossberg: Mr. Mayor, Commissioners, Mr. Vice Mayor, I'm going to
be very, very brief and try not to be repetitive. My name's Dave Schlossberg,
I'm an attorney and a resident of Morningside since 1985. I also work in the
City of Miami. I just want to make it clear that I don't think that anyone on
either side really impugns the motives of the other side. I think both sides
here really want to see a better Morningside. Nor am I going to try, at this
point, to persuade the Commission that not having barricades is better than
having barricades. But I want to emphasize that we, the people who are going
to have to bear the brunt of this experiment have not been persuaded, and I
can't help but go back to Commissioner Plummer's first statement this evening
when the issue first came up and boy did he hit the nail on the head in such
an incredible way without even realizing, I think, he stated, "We can change
these street openings and closings, can't we?" And at that point most people
were looking at Mr. Plummer and I was looking at the gallery and all I can
tell you is that if you had seen the faces wince. There is a very fine line
between wanting to do what's best for the neighborhood and selfishness. We're
not talking about 93 percent against 7 percent. We're talking about all of
those red blocks there. It's a tremendous tyranny of the majority to expect
us to bear the incredible burden of the increased traffic on narrow streets,
because of a relatively speculative plan. Thank you, Commissioners.
Mayor Suarez: Thank you for your statement.
(Applause)
Mr. Plummer: Is that it?
Ms. Debra Mastin: Mr. Mayor, we'd like to save the rest of our presentation
for the two minutes of rebuttal.
Mayor Suarez: Oh, at this point, we're not even worried about rebuttal, we're
j just trying to complete presentations, believe me. The Commissioners have
~~ heard every aspect of this issue, just let's keep going one and three, one and
three till we finish as quickly as possible, please.
Ms. Jeannie Temeyer: I'm Jeannie Temeyer, I live at 540 N.E. 52nd Street.
I'm opposed to barricades, the present plan for barricades. A conservative
estimate for barricades is over $100,000 based on $8,500 per barricade which
does not include the cost of the temporaries. Also, the building of a T
turnaround or col-de-sac will have to be built at our cost. I don't .want to
pay it and I don't want the City to pay for it either. If the City did decide
f to put money into it, it could be better used for the truly needy of Miami.
The present plan proposed for barricades varies too greatly from what our City
fathers originally had planned. Morningside is Miami's first historic
district, an open neighborhood for all to enjoy on their way to the park.
Starting in January, 1990, work will begin an street improvements that total
$2.5 million dollars. At the park, major plans for renovation will begin in
204 October 26, 1999
the early part of the new year. Ground breaking will take place for a new
recreation center which will cost $450,000 out of $800,000 allocated for
renovation. The recreation center alone will bring in an increased flow of
traffic to Morningside. With the present plan of three open streets, this
additional traffic flow will bring the traffic on these streets to the
breaking point. Why pour this money into street improvements and the park if
access is going to be limited for our good neighbors? Please vote down this
resolution.
(Applause)
Mr. Ray Temeyer: My name is Ray Temeyer and I live with my wife at 540 N.E.
52nd Street and I had some things to say, but everything I was going to say
has been said. There is one thing I noticed on the map and that's that nobody
polled the people on the north side of 60th Street or 61st Street, all of who
are going to be affected by this. The other thing is, and this was brought to
my attention by an elderly gentleman in the audience, that there are virtually
no sidewalks in Morningside and to most people's delight, the population of
children is going up and I think it's going to create an unfair burden on the
open streets with no sidewalks and what are these children and the parents of
these children going to do with the increased traffic? Thank you very much.
Mayor Suarez: Thank you for your statement.
(Applause)
Mr. Frank Newton: Mr. Mayor, my name is Frank Newton, I live at 5911 N.E. 6th
Avenue in Morningside. I'm an attorney and I work downtown in Miami. I moved
here from Charlotte, North Carolina, went to law school here and I stayed here
because I loved Miami. My business is as a consultant to airports, however,
and I don't have any clients in South Florida. I could serve my clients much
better from Atlanta or Charlotte, North Carolina, than Miami, but this is
where I am and I'm happy to be here. I live in Morningside because its the
best Miami neighborhood to live in with close and reasonable proximity to
downtown Miami. It's a great place to be, we're trying to make it better.
With respect to the comment about sidewalks, the gentleman must live in a
different neighborhood than I live in because our neighborhood is full of
sidewalks.
(NOES HEARD FROM AUDIENCE.)
Mayor Suarez: Please, please, please....
Mr. Newton: Mr. Mayor, you campaigned on a campaign and you were elected on a
' campaign of improvement to Miami's neighborhoods and that is a very laudable
purpose. And I ask you to think of it tonight as we are addressing you.
Miami should be a City of great neighborhoods and it has a few great
neighborhoods, but it has many neighborhoods that have been lost over the
years. We're asking you tonight to consider a trial period of barricades to a
' number of streets in Morningside, although three will be left open, in an
attempt to try to save what is a true jewel of a residential area and one of
the very few that are left in the City limits of Miami. Consider the area
from the Omni north to 36th Street, east of Biscayne Boulevard. What used to
-!' be an absolutely beautiful residential area on the Bay, unique almost in the
'~ entire United States, has been completely abandoned to commercial interests
and to rental properties over the years. You have to ask the question is, why
j did that happen in Miami? How did that happen in Miami? I haven't been here
~t long enough, I don't know, but it shouldn't have happened and we don't want to
'` have it ha en in Miami, in Morn in side. Mornin side has been in its
pp g g present
~` location for over 60 years but circumstances have changed in those 60 years.
Whereas, in the past when it was first built, Biscayne Boulevard was a
beautiful boulevard with homes and businesses which supported the
neighborhood. We now live along a strip of what is one of the sleaziest
r stretches of one of the most sleazy boulevards in the this City. The efforts
of the police and the City Commission have nat been able to control the crack,
the dope, the prostitution, the criminality that is in that stretch of
j Biscayne Boulevard. We need protection from that stretch of Biscayne
Boulevard and our neighborhood needs protection from the traffic that comes
off of that boulevard into our neighborhood for illicit purposes. There is
j nothing in our proposal and it is not our intention to try to restrict
' legitimate traffic into and out of our neighborhood. As a matter of fact,
you've heard from the other side that the main traffic artery to the park is
205 October 26, 1989
55th Terrace. I think that the traffic engineers will say, if they study the
area, that 55th Terrace is the logical point of entry to the neighborhood
'. because we have to maintain public access to the park. That's a wide
boulevard, it was constructed for that purpose and it can handle the traffic.
One point that hasn't been made by the other side, however, that I would urge
you to consider is this. If 95 percent of the traffic that enters Morningside _
is for the Morningside park and most of it presently comes down 55th Terrace,
1 this proposal would have the effect of diverting a substantial amount of that
~~ traffic to entry into the neighborhood off of 50th Terrace to the south and
~ 61st Street to the north. So I think that the actual traffic impact on the
neighbors that live on 55th Terrace would be reduced somewhat. I would like
~ for you to think of this as an issue of neighborhood preservation. We think
about and we hear about and we applaud the gentrification of South Beach. But
i gentrification only becomes something that we look at positively when we
trying to recover an area that has previously been deteriorated. We don't
want that to happen to this neighborhood. We want to have it maintained the
way it presently is. This is not an issue of racism. I think that you can °_
'y see that tonight. Issues of both races are represented on both sides live in
the neighborhood. It's not one of isolationism or crime, it's an attempt to
preserve a neighborhood that's critically going to fail if we don't do -
something to improve the living conditions therein. The circumstances have
changed on the boulevard over the 60 years and barricades is a means for this
neighborhood to adjust to those changing circumstances. If we don't adjust,
we're going to die. A few more points. There's been a lot of facts asserted
here tonight...
Mayor Suarez: Why don't you please wrap up. It really, beyond this point,
after sitting here from 9:00 in the morning until the present, it is not
helping unless you come up with something entirely new. Really, believe me.
Mr. Newton: I have something entirely new, please. It was stated by the
representative fz~om the City of Miami that the police and fire departments
were opposed to this matter. I'd like to read a letter from the Chief of
Police addressed to Susan Newberg, one of our numbers, dated October the 5th.
Mayor Suarez: Well, read the relevant portions of it, if, in fact, it doesn't
say what was stated here.
Mr. Newton: "The issue of barricades in the north end of the City of Miami is
a very divisive community issue. Therefore, I have decided to remain neutral
on the matter and abide by the wishes of the Mayor and members of the City
Commission." Thank you.
Mr. Plummer: Ha, ha, ha, ha....!
Mayor Suarez: Very good.
Mr. Plummer: Boy, he's a bigger politician than we are.
(Laughter and applause)
Mayor Suarez: Doug, how are we doing here? Are we almost finished?
Mr. Broeker: Three speakers, Mr. Mayor.
Mr. Dawkins: Three?
Mayor Suarez: It's not going to help you beyond a certain point, I'll
ii
guarantee you, but go ahead and try it, make it brief.
_ Ms. Dorothy Topaz: My name is Dorothy Topaz and T live at 465 N.E. 52nd
Street. The effect of barricades was brought home to me just a few weeks ago
when someone broke into my neighbor's house and the neighbor across the street
saw, called the police and they were able to apprehend the man because they
were able to come straight down S2nd Street off the Boulevard and they caught
him. Had they had to go all the way around to 50th, they would never have
- picked him up. He would have gotten lost on Biscayne Boulevard. I do want to
point out, we do not have sidewalks in the south end of the area. There are
no sidewalks on 5th Avenue, which will be a thoroughfare if the barricades are
put through. It will be more of a thoroughfare than it is right now. I
resent having barricades because this is a f ree country and I think that
- everybody has a right to be on our streets. One more thing is, I see the
206 October 26, 1989
garbage and trash trucks, how are they going to get off of 52nd Street when
they get up to the boulevard? Are they going to back up all the way back down
to get on to 5th Avenue? I think it's a consideration and I also feel it has
the same for emergency vehicles. Thank you.
Mayor Suarez: Thank you for your statement.
(Applause)
Ms. Debra Mastin: Mr. Mayor, members of the Commission, I'm the last speaker,
I'm told. Thank you for your patience in listening to us. I would first like
to point out to you that...
Mayor Suarez: Do you want to put your name and address in the record, please.
Ms. Mastin: My name is Debra Mastin, I live at 500 N.E. 55th Terrace. I'm on
the open street and I would like to point out that my house is incorrectly
shown on that map as being opposed - I mean, being in favor - when I am
opposed, and I did put in my ballot as being opposed. There is a memo from
Walter D. Martinez to the Director of Public Works, dated August 25th, 1989
which says, "Our department has reviewed your proposal and we oppose the
restriction." This is in reference to the plan before you tonight and as late
as two days ago, that was confirmed by telephone. Barricades are not crime
control techniques. It's just smoke and mirrors. We have a crime problem.
Barricades are not the solution. I would ask you to vote no, vote no tonight.
Thank you.
(Applause)
Mayor Suarez: Thank you for your presentation. Both sides, thank you for
your complete presentations. Neil, is there anything you could possibly add
at this point that would not hurt your own cause given that we really, really
need to get on with the last item on the agenda?
Mr. Neil Roberts: Mr. Mayor, my name is Neil Roberts and I live at 5991 N.E.
6th Court. I was nominated as the rebuttal person and there really isn't a
whole lot of rebuttal because most of the points have been covered by our
side.
Mayor Suarez: There's no rebuttal at all, just complete the presentation.
Mr. Roberts: I would like to state one thing, however.
Mayor Suarez: At this late hour, it doesn't do any good to have rebuttal.
Mr. Roberts: The statement with regards to the ten to fifteen thousand dollar
value loss on the open streets is simply unsupported by the Belle Meade
property appraisals. Plus, we're looking at a situation where, conceivably,
maybe, we don't know, we may lose some value on the open streets. However, we
have a situation now where if you remain witY~ the status quo, the 400 block
loses its value. This is a wash. We don't know for sure what's going to
happen with barricades and we will never know until we try barricades. As to
sidewalks and access to the neighborhood, we do not want a deserted park.
That would be the worst thing that ever happened to Morningside because then
the criminals would move into the park and use the park. If anything about
barricades prevents access in the park, reduces the use of the park by people
on both sides of the boulevard and all the neighbors of Miami, I will come
before you and I will oppose those barricades because I firmly believe that
you have to have residents and neighbors and people from all over the City out
on the streets and that's what keeps away criminals. This is what's happening
in Belle Meade, that's why Time magazine recognized that crime went down in
Belle Meade because the residents feel its safe to walk on their streets again
because their streets are barricaded. Thank you for supporting barricades and
protecting Morningside.
(Applause)
Mayor Suarez: OK, Doug, one very brief last statement. I, again, don't know
that it would help in any way, but...
Mr. Broeker: OK. Just to rebut one thing about the real estate values, T did
back up some statistics that are on pages twelve to seventeen of your appendix
207 October 26, 1989
that I gave you. Alarmingly, values go down on the open streets where they're
less on the open streets in Belle Meade, fifteen percent less on 76th Street
than the rest of the neighborhood, Belie Meade property values on a per square
foot basis, are no more than Morningside. Thank you very much.
Mayor Suarez: Thank you for your statements, all of you. And thank you for
keeping the discussion as above board and as on the topic and on the issues as _
you have done tonight. We really appreciate that a great deal. I know
there's been some concern that it wouldn't work out this way tonight and I'm
just proud of the whole neighborhood for having at least carried out the
discussion here tonight in as elegant a way as its been done and most of the
statements on both sides were quite coherent too, I might add. I don't think
any Commissioner has any solution to the issue of the fact that there's no
doubt about the fact that the streets that are left open, if the scheme is
approved, and I have no idea, by the way, how the votes going to come out,
where if, indeed, we'll even decide on it tonight. The streets that are left
open, the people abutting on those streets are definitely affected in a
negative way and there seems to be some sort of inherent unfairness there so I
guess this - I don't know what else to say about that except that that's just
something we have to live with. Commissioners, anyone have any comments and _
let's get on with the determination. _
Mr. Plummer: Yes, I do. Of the department because the standing policy of
this Commission is that if barricades are to be placed, the people who are in
favor of the barricades have "X" number of days to raise the money, what is
the proposed cost of the temporary barricades and what is the proposed cost
of - if, in fact, they were to become permanent? Even for the test period of
90 days or 60 days or 2 days, what is the cost factor that these people that
are proposing the barricades would have to raise?
Mr. Prieto: Temporary barricades are around $800 each. Permanent barricades
about $8,500 each.
Mr. Plummer: So, there's what? -twelve of them?
Mr. Prieto: That's correct, sir. Twelve times eighty-five hundred, if
permanent.
Mr. Plummer: So twelve - well, wait a minute now. Let's....
Mayor Suarez: You're talking about $10,000 for temporary.
Mr. Plummer: Eight hundred dollars for the temporary?
Mr. Prieto: That's right, times 12.
Mayor Suarez: It's about 10 thousand and a hundred thousand.
Mr. Plummer: So that's $9,600.
Mr. Prieto: Yes.
Mr. Plummer: And if we went to the permanent barricades, you say they're
about $8,500?
Mr. Prieto: Eight-five hundred, that's right.
Mr. Plummer: Wheeeeeee! A hundred and two thousand dollars. Mother of the
blue-eyed moose! OK.
Mr. Prieto: There's some other costs, sir.
_ Mr. Plummer: Well, bring it out because these people better know what kind of
money they got to raise if, in fact, this Commission votes for the barricades.
Mr. Prieto: Well, obviously, the whole signalization along Biscayne has to be
revised. We probably would have to change the traffic flow and therefore
_ reconfigure the Morningside traffic study that we had. For the streets we
would have to amplify 50th, we would have to amplify 60th also.
Mr. Plummer: Well, give me a ball park figure. Are you talking related cost
is another ten thousand, ten dollars; hundred thousand? Give me, if you can,
a ball park figure.
208 October 26, 1989
Mr. Prieto: Probably we would be comfortable around an additional $20,000
there.
Mr. Plummer: An additional twenty?
Mr. Prieto: Yes.
Mr. Plummer: So, the original $9,600, and I'm assuming that's on the
temporary as well?
Mr. Prieto: Yes, that's right, sir. A permanent would then include a traffic
light at 50th, plus a reconfiguration of Biscayne Boulevard at 50th to permit
left hand or southern turns from westerly traffic.
Mr. Plummer: But that twenty would not carry over if it were to become
permanent?
Mr. Prieto: No, sir.
Mr. Plummer: That would be part and already in effect.
Mr. Prieto: That's right.
Mr. Plummer: So what you're talking about for round numbers on temporary
barricades is $30,000.
Mr. Prieto: Right, versus...
Mr. Plummer: And what you're talking about for round numbers on - if they
were to become permanent - would be a hundred thousand.
Mr. Prieto: Maybe around a hundred - yes... no, a little more, just a hundred
thousand on the barricades, but we would have to consider some additional
traffic perm anent structures. Say about a hundred and fifty. So 30 for...
Mr. Plummer: That's a 50 percent jump.
Mr. Prieto: Yes, because we...
Mr. Plummer: That's not a little bit more.
Mr. Prieto: Well...
Mr. Plummer: OK, hey...
Mr. Prieto: Remember, we do have to reconfigure Biscayne Boulevard.
Mr. Dawkins: Why?
Ms. Range: Are you through, Mr. Plummer?
l
1~:
i4
;~
Mr. Plummer: Yes, I just wanted to get that on the record.
Mayor Suarez: Commissioner Range.
Ms. Range: May I, sir - what's his name?
Mayor Suarez: Dr. Prieto.
Mr. Prieto: I'm sorry, sir.
Ms. Range: I understood in the outset that if the temporary barricades - you
say that's twelve hundred dollars or twelve fifty? What did you say on that?
Mr. Prieto: Temporary, $8,500.
Ms. Range: Eighty-five...
Mr. Prieto: I'm sorry, temporary $800, permanent $8,500.
209
October 26, 1989
-i
~~
Ms. Range: All right, tell me this. Just in the event this Commission saw
fit to allow the temporary barricades and then we came back and allowed
permanent barricades, what kind of barricades are those permanent. barricades
going to be?
Mr. Prieto: These are primarily curbing one side of the street and
landscaping a median across the street entirely. So the street has to be
actually excavated, the pavement removed, it has to be resurfaced and curb,
concrete poured, landscaped, etcetera.
Ms. Range: I see, all right now, how many streets are involved?
Mr. Prieto: Twelve.
Ms. Range: Twelve streets are involved?
Mr. Prieto: Yes.
Ms. Range: And you plan, at this point, to barricade nine of those streets?
Mr. Prieto: Twelve streets barricaded.
Mr. Plummer: Fifteen, twelve will be barricaded.
Mayor Suarez: So then, 15 are involved and .......
Mr. Prieto: Twelve streets are being barricaded, three are being left open.
i Ms. Range: You said twelve are barricaded?
Mr. Prieto: Yes.
Ms. Range: And three are left open.
Mr. Plummer: A total of fifteen.
Mr. Prieto: Yes, that's right.
Ms. Range: A total of 15 streets.
Mr. Prieto: Yes.
Ms. Range: Let me just give you an observation. When Dade County was in the
process of doing the Martin Luther King Boulevard, they wanted to close a
particular area and were successful in closing that and even though they had
curbside, they didn't have a decorative closure, but they did have curbside
closings. A child almost choked to death because an ambulance had to go
several streets down to get in. I cannot, for the life of me, see that even
if it were to pass on a temporary basis, that you would consider closing 12 of
15 streets. We have a large contingent of constituents to try to please here
and both sides have very, very strong points. And, it just tears at my
thinking to believe that the only thing we can do as a temporary measure,
would be to close 12 streets and leave only 3 open. Whatever happens, I feel
that that particular item has to be restudied. There would be no way to...
Mr. Prieto: Agreed.
Ms. Range: ...reach any agreement as far as I am concerned on 12 streets
being closed. I think the area needs some relief. I am certainly all for
that. But surely, everyone here will agree that 12 streets being closed is
rather unreasonable.
Mr. Prieto: Would you prefer the department consider...
Ms. Range: I would certainly think that some study needs to be given, some
further consideration needs to be given. It's just not a fair deduction.
Mr. Prieto: I agree.
Ms. Range: To close twelve streets and I am, you know, I don't want to commit
myself at this point, but I certainly want to try to give relief to everyone
here and I think that somewhere along the way, all of the citizens of that
210 October 26, 1989
J
area will have to come to some agreement. Everybody will have to give a
little and take a little, but 12 streets is completely unreasonable.
(Applause)
Mayor Suarez: Please. Anything further from the Commission?
Mr. Plummer: What else can you say? Everything has been said.
Mayor Suarez: Yes, absolutely.
Mr. Plummer: You know, everything's been said and I got to be honest with
you, you know, this is not a politician talking because I don't talk that way.
No, I don't, no, I tell it like it is, I never learned how to be diplomatic.
I could flip a coin right now. I'm going to be honest with you, I can see
merit on both sides. OK? And it's a tough decision, it really is a tough _
decision. Now, the only thing that I want to ask, and T guess I'll shut up,
but I doubt it, is it seems unfair to me - could you all move just a little _
bit so I can see the map? It would seem more reasonable to me if I lived in
that area and if I could see correctly, it would seem like to me that you
would have chosen 52nd Street which persons coming in that street could go to _
the left or to the right. And up on the top side, I think it was 58th Street n
I looked at, rather than making people go all the way to the top and come all
the way back down and I guess, really, I'm asking the question, why wasn't one _
of the center streets chosen to be the open street which would disperse
traffic both ways rather than the extreme north street and the extreme south -
' street? Sir, I'm not finished with my question. You know, I feel sorry, and
especially the lady that came to see me that lives on 55th Terrace which is
that street entering into the park. That street has always carried more -
traffic than any of the streets up there because of the park and people go
into the park. How much more traffic would it carry? I don't know. Would it
carry more? -I think yes. Now, can you answer for me, is it logical that you
would have a street at the south end open and the north rather than 52nd or =
52nd Terrace where a car could come in and go to the left or the right or 58th
or 59th Street where a car could enter and go to the left or to the right?
Mr. Prieto: Your proposals are good because in addition, it would permit some
left hand turns southbound whereas the 55th would not. So, the only advantage
of 55th, is it's 38 foot pavement, but since this neighborhood will get
improvements anyway, these streets could be improved and you x• solution could
be a very viable solution.
Mr. Plummer: Well, I guess I got to talk to whoever the lead opponent is over
here. Alan, is that you or whoever it is, I would ask them to speak to that
issue. Whoever wants to address it. You understand what I'm saying...
Mr. Alan Weisberg: Yes, I do, Commissioner.
Mr. Plummer: ...for the matter of disbursement to the left and to the right,
the bottom one, let's use that one - what is it? -50th Terrace? Is that the
bottom one? _
Mr. Prieto: Fiftieth Terrace.
Mr. Plummer: Yes. The only thing that you can do for 50th Terrace is make a
left hand turn. So, it doesn't seem like to me that that's reasonable for a
pattern of good traffic pattern.
' Mr. Weisberg: First, Commissioner, Alan Weisberg, 5978 N.E. 6th Court.
Coming out of the neighborhood from 50th Street, you can go left or right,
north or south. The reason that street was chosen is because there's an
existing traffic light there and we figured it would be less disruptive
just...
Mr. Plummer: Well, traffic lights can also be changed.
Mr. Weisberg: At an expense.
Mr. Plummer: Oh, of course. But, I mean, things - that can be changed.
Mr. Weisberg: Yes, but to answer your question, the reason that street was
chosen was, I believe is because the traffic light was there, that was the
211 October 26, 1989
reason. Fifty-fifth Terrace was chosen because we figured that people would _
object because that is the major access street to the park.
Mr. Plummer: Yes, well I said that.
Mr. Weisberg: Yes, and because 50th Street was chosen, they figured a street
at the north end should be chosen, but let me say the people who are in favor
of barricades, I believe their reasons for barricades are the same regardless
of which streets are chosen and...
(Applause)
Mr. Weisberg: But I do think that it's important that we leave several
streets open to direct the traffic, but I believe it is our desire to keep as
many streets closed as possible for the reasons we've stated, yet keep three
streets open for traffic.
- Mr. Plummer: So, in other words, what I think I heard my colleague, Mrs.
Range indicate that maybe we could address nine streets or eight stree*_s a
little bit easier, more digestible, you would be opposed to that?
Mr. Weisberg: I think so because it really does not accomplish the goal we're
trying to achieve. But certainly, something's better than nothing. But I
don't think it's inherently unreasonable, Commissioner Range. I think that
the three streets that are open would provide enough access.
Mayor Suarez: Wait, Alan, because we'd better just keep it to whatever
questions are being asked by the Commissioners, otherwise...
Ms. Range: All right, may I just ask a question? Who, sir, maybe I should
direct my questions to staff. Who decided on the streets?
Mr. Prieto: The petitioners.
Ms. Range: All right, the petitioners decided on the streets. Did you, in
deciding on those - I'm not concerned with the number of streets, I know why
55th Terrace is open, that has been explained satisfactorily, but in making
your decision, did you seek any professional advice, as far as traffic
engineers or did you invite any of the City staff to come in and discuss with
you what would be the better thing? I know your feelings are mixed with
emotions, and that's natural. But I think in an instance as important as
this, we needed to have the advice and consultation of professionals in that
area. Now, did you have that? Did you seek that?
Mr. Weisberg: Commissioner Range, we did not seek professional advice, simply
because we don't have the resources at the point that this was started, to do
that. When we proposed this, this is a proposal...
Mayor Suarez: Please, please.
1 Mr. Weisberg: ...simply for temporary 'oarricades. If this doesn't work, or
if the City's planning department and traffic control experts who study it
from the City, decide that it should be moved to three other streets or four
streets have to stay open, then you could come back to the neighborhood,
petition the neighborhood again with ballots and ask them if they'll approve
that or disapprove it. We wanted... this made sense as laymen. We invite the
City to study the problem, to come up with a better idea and propose it to the
community because we want what's best for Morningside. This is simply our
- idea of what it might be and it may be wrong. We're always willing to learn
on this topic.
Ms. Range: I can agree with you but I would say 90 days of - I don't know how
to describe it - but 90 days of trying to find your way, you know, out of
Morningside and into Morningside by three exits and three ingresses, is quite
a long time. The only thing I'm saying to you, sir, is even at this time, you
say you did not have the monies to employ professionals, but certainly if you
called the City and asked them to send one of its professionals to you to help
you to decide, I doubt very seriously that that would cost more money. That
would be a City expense for someone to come out and discuss it with you.
Mr. Weisberg: I did after the fact ask if the City would make alternative
suggestions and I was told they were not in that business. They were only in
the business of taking what was proposed and looking at it.
212 October 2b, 1989
Mayor Suarez: OK, I think we're ready...
Ms. Range: I see.
Mr. Weisberg: If, Commissioner, if you would like to amend it, we will accept
it.
Mayor Suarez: OK, I think we're ready for a motion. Mr. Vice Mayor?
Mr. De Yurre: Thank you.
Mayor Suarez: He's on my right, he's there, he's eager.
Mr. De Yurre: You see, he's running, I'm not running this year and hope you
guys won't have long memories, half of you anyway. I've been listening to all
that's been going on here tonight and I echo what Commissioner Range has
stated and also the concerns of Commissioner Plummer, everybody else on this
Commission. But I have to go to three basic parameters, three basic points in
order to make my decision. It's the type of thing that it's very emotional,
it's about as emotional as politics and religion, you know, when you deal with
barricades in a neighborhood, all of a sudden it's a tug of war. But, even
without getting into the issue of whether you'd be able to raise $150,000 to
put up permanent barricades, which maybe, maybe not, without getting into that
issue, I have to look at what the administration has advised me, based on the
Belle Meade project that's over there with the barricades in that crime
statistics have not changed at all since the barricades have been put up.
That's number one. There hasn't been any change at all, any significant
change at least and certainly not that would be noted at this meeting based on
what the administration has proffered. Secondly, when you try to make a
change of this nature, it has to be a change that there has to be an
overwhelming amount of people in favor of it. Fifty-five percent to forty-
five percent is not an overwhelming amount to make this kind of change.
Additionally, and the third point is that I don't think it's fair to
overburden the open streets that are being proposed with the traffic flow of
12 additional streets that are being closed. And it is for that reason that I
would move at this time to deny any barricades going up permanently or for a
short period of time.
Mayor Suarez: So moved. So moved, going...
(Applause)
Mayor Suarez: Once. Do we have a second? Please, please, please. Do we
have a second on the motion? Do we have a second on the motion or is it going
to die for lack of interest? OK, any other motions?
Ms. Range: Mr. Mayor.
Mayor Suarez: Commissioner Range.
Ms. Range: I think a question as important as this cannot be lost or won in
this particular setting or under this circumstance. I do feel that there is a
need for protection of the residents of Morningside. For all of them. Those
who are for barricades, those who are against barricades. I cannot conceive
of people coming here saying the things we've heard this evening if there were
not some semblance of truth to them. As a consequence, and because we have
not reached a definite decision here this evening, I think that the City
should involve... well, you said we cannot make - we can't assist them in any
way in coming to their decisions.
Mr. Plummer: Sure, we can.
Mayor Suarez: No, I'm sorry, we can, surely.
Ms. Range: All right.
Mayor Suarez: Surely, we can come up with any kind of possible alternative
plan if this one doesn't pass or whatever.
Ma. Range: All right, then, I think what actually needs to happen is that
some staff members who would have knowledge of this be given over to a
213 October 2b, 1989
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committee that would be formed from both sides to try to reach an agreement
_ that would be more equal in scope. I don't believe anybody would deny that
three streets are not sufficient to leave open for the number of residents in
Morningside. On the other hand, I do not feel that anybody would just want
things to go on status quo and not give them any relief. So I think now the
burden falls upon this Commission to instruct its staff to get with chosen
members of both sides to come to some decision and to bring it back to this
Commission since we cannot reach an agreement here tonight. And I would offer
such a motion.
Mayor Suarez: So moved. The idea is to have a less, presumably less
restrictive scheme that would accomplish a lot of the same objectives of
reducing traffic and impeding, to the extent possible, some of the activities
- taking place including those related to crime and prostitution.
Ms. Range: And barricades to some extent, if necessary. I did not exclude
that.
Mayor Suarez: Including the possibility of barricades, yes. So moved. I'll =
second. Study less restrictive ways of... alternative ways of doing this.
Mr. De Yurre: Directing the administration?
Mr. Plummer: The motion is to defer. For a period of time?
Ms. Range: Yes, for the period of 90 days. I think everything can remain the
same. We can do whatever we're going to do for a period of 90 days. I want
you to understand that I'm not for or against, I want to see something done
' for the relief of the people over here. As a consequence, I'm asking you to
assign a special number of persons who are fit to do this kind of work to get
with the people of Morningside on both sides and to have them come out of a
meeting, or these meetings, with a solution that can bring results. If it's
to barricade 8 or 9 of the streets for the period of time, certainly a person
who has the knowledge of it can give better direction than people just sitting
down saying, well, we have to close this street or the next street. That's
_, all I'm saying to you.
Mayor Suarez: She moved it, I seconded it.
Mr. De Yurre: OK, we have a first and second. Any further discussion? Call
the roll, please.
The following motion was introduced by Commissioner Range, who moved its
adoption:
MOTION N0. 89-995
A MOTION DIRECTING THE ADMINISTRATION TO GET TOGETHER
WITH MEMBERS ON BOTH OF THE OPPOSING SIDES OF THE
ISSUE: NAMELY, PROPONENTS AND OPPONENTS OF BARRICADES
IN THE MORNINGSIDE AREA IN AN ATTEMPT TO RESTRICT
UNDESIRABLE TRAFFIC THROUGH THE AREA WITHOUT
INTERFERING WITH EMERGENCY ACCESS TO SAME; FURTHER
DEFERRING THIS ISSUE FOR 90 DAYS; AND FURTHER
APPOINTING THE MANAGER TO COME BACK WITH A
RECOMMENDATION.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: That's an easy vote. Let me say that, for myself, if we don't
_ come up with a batter scheme and keeping it in mind what the Vice Mayor has
214 October 26, 1989
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said, which, I think, makes a lot of sense, and my concern, albeit valid that
I think that maybe if we had changed the scheme of the streets that would
remain open, the vote might have been different. I still would try it, I
still would try the barricades, but we'll just have to see. Maybe we'll come
_ up with something better. Or maybe we'll just be back over here in a couple
_ of months, those of us that are still here, having to deal with this issue and
not having really resolved it tonight.
Mr. Plummer: Mr. Mayor, I would ask the department, whoever is assigned, that
even though it is not the most ideal proposal for the Oregon Plan, there is a
! different way of putting forth some kind of barricades that they're not all on
Biscayne Boulevard. That they could be so arranged...
Mayor Suarez: At some of the other intersections that direct traffic in
particular patterns through the neighborhood and discourage the...
Mr. Plummer: That they can be so arranged that it discourages traffic from
coming in.
Mayor Suarez: The individual that is just passing through, not going to any
particular location.
Mr. Plummer: OK, in other words, let me just give you an example. If you
came in on 50th Terrace, you would put a barricade at 5th Avenue to make the
traffic go left. Then, at 52nd Street, you would put a barricade to where
they couldn't go to the left, they would have to go to the right. In other
words, it's a plan that makes them do one of these and discourages people from
using the area that normally would not. I'm just asking that that be
considered.
Mr. Prieto: Certainly, sir, we will. The Commission might help the
department by directing the individuals that are going to meet with the
department to be limited in number and to truly represent each side.
Mr. Plummer: Well, I think six on each side is adequate.
UNIDENTIFIED SPEAKER: It's too many.
Mr. Plummer: Huh?
Mayor Suarez: Perhaps three on each side.
Mr. Plummer: Four on each side.
Mayor Suarez: Four on each side. Keep your number to four each then and give
us the names, please, and let's get them over to staff. And those of you who
helped organize the debate today, please maintain that leadership to the
extent possible because you've been very helpful even though we haven't been.
Anything further, Commissioners? If not, we'll go on to the next item which
is also another closure of streets.
Mr. Plummer: It's nine o'clock.
56. ALLOCATE $8,400 IN SUPPORT OF THE MIAMI COALITION FOR A DRUG-FREE
COMMUNITY EVENT - to be held in Miami Arena.
Mr. Plummer: Mr. Mayor, can I...
Mayor Suarez: Yes.
Mr. Plummer: ...I asked you if I could get this other item by the
administration.
Mayor Suarez: Which is that?
Mr. Plummer: A resolution allocating an amount not to exceed eighty-four
hundred from special programs and accounts contingency funds in support of the
Miami Coalition for a drug free community event to be held in the Miami Arena
215 October 26, 1989
October 29th, 1989, sub3ect to such limitations and requirements as may be
prescribed by the City administration. I so move.
Mr. Odio: Excuse me, Commissioner...
Mr. Plummer: Sir?
Mr. Odio: Melanie Broeker.
Mayor Suarez: Why are we having to vote on this? I mean, isn't this related
to the interfaith event on Sunday at the Arena, by any chance?
Mr. Odio: Yes, sir.
Mr. Plummer: Drug Free Coalition.
Mr. Odio: It is not inter faith. It is the drugs, Miami Coalition Against
Drugs.
Mayor Suarez: Why are we having to face this at the end of a long hard day?
Why was this not brought up before?
Mr. Odio: I don't know.
Mr. Plummer: If you want to accuse me, it's been on my desk since morning.
Mayor Suarez: Why doesn't Miami Coalition pay for - is it a waiver of the
Arena, is that?
Mr. Plummer: No, it's a grant of eighty-four hundred.
Mr. Odio: We cannot waive the Arena, so we have to get this money and pay
that.
Mayor Suarez: We cannot waive it. Can people be asked on that day to
contribute a dollar in the hope that we'll get the money back or something?
Mr. Odio: They want to attract as many kids, as many poor people that can
come over and they didn't want...
Mayor Suarez: Does that sound like you're recommending it1
Mr. Odio: Yes. I sure am. This is a good...
Mr. Plummer: I move it.
Mayor Suarez: Are you secondl
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? If not, please call the roll.
Mr. Odio: I'll get it out of the law enforcement trust fund.
Mr. Plummer: No, it's out of the contingency.
Mr. Odio: I'll get it
Mayor Suarez: Please, please! Call the roll on that motion. Call the roll
on that motion.
216 October 26, 1989
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-996
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $8,400
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE MIAMI COALITION FOR A DRUG FREE
COMMUNITY EVENT TO BE HELD IN TIIE MIAMI ARENA ON
OCTOBER 29, 1989, SAID ALLOCATING BEING SUBJECT fi0
SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED
BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
57. EMERGENCY ORDINANCE: Waive admission fees for youths 17 years old and
younger to all City-owned swimming pools - commencing at the conclusion
of 1989 summer pool season.
Mr. Dawkins: I got an emergency ordinance here waiving the fees of all youth
under seventeen for the use of the pool. I'd like to move it. The pool, you
know we waived - let everybody in free but now we're saying let those free
under 17 and over 17 have to pay.
Mr. Plummer: Second.
Mayor Suarez; What pool is that?
Mr. Dawkins: All our pools.
Mr. Jorge Fernandez: It's been moved and seconded, Mayor?
Mayor Suarez: We have a motion, do we have a second?
Mr. Plummer: I second.
Mayor Suarez: Call the roll on that motion.
Mr. Fernandez: No, it reads it like this.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Fernandez: Two votes.
Mr. Plummer: Two votes.
217 October 26, 1989
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AN ORDINANCE ENTITLED-
AN EMERGENCY ORDINANCE WAIVING THE PAYMENT OF ALL FEES
FOR YOUTH, 17 YEARS OF AGE AND YOUNGER, FOR INDIVIDUAL
ADMISSION TO ALL CITY-OWNED SWIMMING POOLS COMMENCING
UPON THE CONCLUSION OF THE 1989 SUMMER POOL SEASON,
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
i
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 M. Athalie Range _
Commissioner Miller 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 M. Athalie Range
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE N0. 10662.
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: I think we're going to have a de facto adjournment, I'm sorry
to say. We have - well, there's three of us left, we still have a quorum. We
do have a rule about 9:00 p.m.
Ms. Range: What is the issue?
Mayor Suarez: It's another barricades issue.
Ms. Range: Another barricade issue, are you kidding?
58. (Continued discussion) COMMISSIONER PLUMMER CLARIFIES HIS PRIOR VOTES ON
TWO FIRST READING ORDINANCES - concerning denial or proposed application
of Section 1613 HC-4 (Historical Site) at approximately 1401 Biscayne
Boulevard (Shrine Building), and at approximately 117 N.E. 1 Avenue
(Security Building) (See labels 44 and 45).
Mayor Suarez: Temporary closure of streets within the Miami Design District.
Certainly not going to please both sides on this one. It's up to you two, if
you want to...
Mr. De Yurre: You all willing to take five minutes and make your presentation
each? Five minutes each.
Mayor Suarez: Five minutes each for the presentation and we vote and we're
out of here.
218 October 26, 1989
- ...
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Mr. De Yurre: OK, you're on.
Mayor Suarez: Madam City Clerk, this is going to be strictly enforced. Five
minutes per side.
Mr. Plummer: Mr. Mayor...
Ms. Range: Thank you.
Mayor Suarez: Commissioner.
Mr. Plummer: For the record, Mr. City Attorney?
Mr. Jorge Fernandez: Sir?
Mr. Plummer: Let me clarify on the record...
Mr. De Yurre: I thought you were gone.
Mr. Plummer: No, not yet. Mentally, I am. On the record...
Mr. Fernandez: Yes.
Mr. Plummer: I am of the impression that I voted against the application of
the historic designation to the two applications before us.
Mr. Fernandez: You did.
Mr. Plummer: Is that correct? Would you check the vote because I now have
reason to believe it's been brought up that I voted to impose the historic.
Mr. Fernandez: No, my recollection was that you voted to deny the
application.
Mr. Plummer: I not only thought I voted to deny but I also gave the reasons
on each one why I voted for the denial. Now, is there any confusion? If
there is, I would like to clear it up.
~' INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Excuse me? I want to be shown, and I thought I was very, very
clear on both the Security Trust Building, was it?
Mr. Fernandez: Yes.
Mr. Plummer: And the Shrine, that I voted against applying the historic
district to those for the reasons that I so indicated on the record.
Mr. Fernandez: Correct.
Mayor Suarez: All right, and if it were necessary, we could always have
reconsideration if that vote so it could be properly. OK...
Mr. Plummer: That's why I brought it up now, in case it had to be.
219 October 26, 1989
59. INSTRUCT MANAGER TO EXTEND EXISTING TEMPORARY CLOSURE OF STREETS WITHIN
MIAMI DESIGN DISTRICT - for 60 additional days from this date - Solve
any parking problems.
Mayor Suarez: Very quickly. Go ahead.
Mr. Joe Paliant: My name is Joe Pallant, I'm a property owner and a merchant
in the area. We...
Mr. De Yurre: Start the clock.
Mr. Pallant: ...we have five people that will speak one minute each. We have
been before the Commission many times, it has been already approved by the
Commission, we are asking for the Commission to already give us what we have
been entitled to. We are asking for a chance. We want this to be extended.
We have spent a lot of money. We have the barricades, the City has put it in.
We have made presentations for signage, we have costs that have been incurred,
that it is costing - Mayor, it is costing us...
Mr. De Yurre: Go ahead.
Mr. Pallant: It is costing us $325 a month. We have been incurred this
expense, we are paying for it. We are complying with all the regulations. We
are opening and closing the existing enclosures each month. We have put up
signage that we have paid for it. Each of these signs, for $153, which have
been laid for by the merchants, property owners, business people in the area.
What I'm saying is, give it a chance. There has been a reduction in crime in
the area. It has been approved and the shoppers, employers, property owners,
and merchants have like it. We have over 200 people that have signed for
this. There...
Mayor Suarez: What was the initial trial period supposed to be? -ninety days?
Mr. Pallant: Ninety days, we're only in our fifth week. Give it a chance.
We don't - we have over 200 signed people that have said this. Let it work,
it is working well. The costs are minor. We are incurring the costs. There
is no cost to the City for this. There has not been one incident of crime
within the district, within the district, that has been on the outside. We
are planning to beautify the area, we have paid for this, we will continue to
pay for this. We hope to increase the property values and increase business
and stop this runaway business to the design center. Give it a chance, help
preserve this, this area. That's one minute.
Mayor Suarez: OK, quickly. Madam City Clerk, we're trying to keep...
Mr. De Yurre: That's two minutes, you got three minutes left.
Mayor Suarez: You got three minutes of your presentation.
Mr. De Yurre: You got the clock right there. Go ahead.
Mayor Suarez: So, limit to three more people then, and a minute each, please.
Mr. Eduardo J. Gonzalez: OK, we have very few people against this issue. You
know that worked very hard for this issue and worked very hard, and we want to
give it a chance. If we don't give it a chance, the area is going to be dead.
OK7
Mayor Suarez: And just put your name on the record and address, please, sir.
Sir, sir... all right, well you can go ahead and give it to her if you want.
It's easier if you just go ahead and put it into the recording.
UNIDENTIFIED SPEAKER: Just give your name and the place of business.
Mr. Gonzalez: Eduardo J. Gonzalez, E. G. Cody, 80 N.E. 40th Street.
Mr. De Yurre: OK.
220 October 26, 1989
Mr. Gonzalez: Property owner and business owner.
Mayor Suarez: OK,
Mr. De Yurre: OK.
Mr. Hy Katz: My name is High Katz. I'm the owner of Sof as & Chairs
Unlimited, been in the area for 32 years. Unlike the previous people that
were here, this is not residential. This is a commercial district, not unlike
that of a shopping center. This plan is very simple and it is working, it is
working very well. All we're asking you to do is to stick with it and, for
God's sake, we have finally bottomed out in the Miami design district. I hope
you're listening, it's very important.
Mr. De Yurre: We're listening.
Mr. Katz: We had 240 merchants in the Miami design district, we have 88.
We're hanging by our nails. We finally found something that has slowed down
and almost stopped the crime. For those alarmists on the other side, let's
give this a real shot. We'll go from there.
Mayor Suarez: OK.
Mr. De Yurre: OK, thank you. One minute and 13 seconds left.
Mayor Suarez: One more presentation for a minute and 13 seconds, to complete
five minutes.
Mr. Marcus Fiegler: I'm Marcus Fiegler, I own Lord J., a fabric store that's
been in the area over 30 years. It's been mine for the 11 years. Finally, we
did something to improve the area. After eleven years, the area was going
down every year, we finally see a return of people coming to the area that
they enjoy coming to our stores, they enjoy walking freely around the stores
' and be free that nothing is going to happen to them and they can come to our
store and do their shopping. Our area is mainly for designers and we're
planning to beautify the area to make it nice for all the designers from all
over the area and outside the area to come down and visit us, Thank you.
Mayor Suarez: All right.
Mr. De Yurre: OK, Thank you, That's it. OK.
Mayor Suarez: Harold and....
Mr. De Yurre: Five minutes.
Ms. Olga Mellon: My name is Olga Mellon, I live at 1800 N.E. 114th Street on
the Boulevard. T live in a condominium because I had a beautiful home in the
Shores and I was robbed two consecutive times in two years. My father built
the Miami decorating and design center, Martin Fineman. We have 350,000
square feet of showroom space. We also own a big building on the Biscayne
Boulevard. We have changed in the area - we had a big exodus because of the
riots. The decorators, the design center has gone to DCOTA. We are now
changing the area into a retail area open to the public. It cannot survive as
a design area any more. You do not blockade or barricade a business area in
order to keep out the public. The barricades do not prevent crime, it only
shows that an area has got crime in it and we have very little crime. The
majority is just purse snatchings and we had most of those purse snatchings
when we had the exodus from the area. Now, we have a little bit more activity
in the area and our purse snatchings have ceased to exist. And it is not due
to the barricades.
Mr. De Yurre: Thank you.
Ms. Mellon: I am opposed to barricades.
Mr. Hal Kranz: Well, all I have to do really is raise this and I tell you
about what my feelings are.
Mayor Suarez: At least we don't change our color coding anyhow.
221 October 26, 1989
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Mr. Kranz: My associates over there don't have the yellow shirts but - Joe,
would you please raise that up again? -that sign. Thank you. That... my name
is Hal Kranz. I'm the president of Moores, which is that building that the
barricades are...
Mayor Suarez: That's very creative to use your opposition for props, that's
very...
Mr. Kranz: Yes. It has literally curtailed all of the activities of traffic
into my store and the only time that they do come in is on Saturday, when the
barricades have been put down. The barricades in Morningside are primarily
for residential use. We are a business area. We give the impression with
these barricades, to stay out, don't come in, it's not safe to come in there.
That's the impression that those barricades give. We are totally opposed to
it. I had submitted something like 57 or so names of people who were opposed
to it. They were dealers, merchants, owners in the area. Thank you.
Mayor Suarez: Thank you, Hal.
Mr. Plummer: Question...
Mayor Suarez: OK. Commissioner Plummer.
Mr. Plummer: Sir, were you here at the original hearing when this Commission
made the decision?
Mr. Kranz: No, sir, I was not.
Mr. Plummer: Why weren't you?
Mr. Kranz: I never heard about the...
Mr. Plummer: See, we did not - let me say to you, we sit here in judgment and
make votes cast on a number of things of which one is the people of the area.
And I don't recall anybody appearing here in opposition, and you had to know
it was going on, except the people down on 3bth Street and, you know, to have
this Commission vote for a temporary position in which these people have gone
out and got the money and now after the barn is closed, you're coming back
when you should have been here originally and I think, you know, it's....
(Applause)
Mr. Plummer: ...it's unfair to put this Commission in a position in trying to
listen to the people and do what they ask when it - you know, it's like the
old story, if you didn't vote today, don't complain tomorrow. Now, I'm going
to go on record very quickly, OK? We'll never know if we don't try. We've
tried it for five weeks, the money has been spent. The one thing that I have
to find objectionable that was brought out before is the sign that was up
there, and I'm assuming that, that was changed - Street Closed or whatever
that wording was. We instructed it to be changed. That was this Commission's
direction.
Mr. Pallant: We have purchased our own signs, we have paid for and it says...
Mr. Plummer: What does the sign say?
Mr. Pallant: Design District, enter 39th Street.
Mr. Plummer: That's all right.
Mr. Pallant: And our merchants have paid for this so that Mr. Kranz and
others...
Mayor Suarez: Why doesn't that sign go in front of the barricade?
Mr. Pallant: What? I didn't get the... I'm sorry, I didn't get - another
artist was supposed to come in and just show us how the picture would look
with that on it. And T didn't get it, so this was a temporary...,
Mr. Plummer: Well, let me try to art of politics on you and I've made my
statement which, I guess you enjoy. Let me ask you this question of a
compromise, the art of politics. Moore 's is right on the corner.
222 October 26, 1989
- ~ ~
Ms. Range: Right.
Mr. Plummer: Why can't you move the barricade back to the other side of
Moore's that wouldn't affect you all but would still close the street.
__ Mr. Gonzalez: I suggested that today to Mr. Kranz. In the previous meeting
- that we had today. If it is affecting him so much, we can move the barricades
behind his door.
Mr. Alan Kaufman: Excuse me, my name is Alan Kaufman, I have three businesses
on decorator row. One, across the street from Moores, Mr. Kranz's building,
one in the middle of the street and another one right around the corner. If
you move the barricade back, people are going to turn into 40th Street and
have to back aut into N.E. 2nd Avenue. That's an impossible situation. What
I am mainly concerned with is the perception of what people perceive to be a
problem when they see the barricades. If, in fact, it cuts down crime, then
I'm all in favor of it. However, the barricades that are up are not the
barricades that we had discussed originally...
Mayor Suarez: Xes, this is a case of a situation which is not typical to of
other parts of the City where we tried temporary barricades in anticipation of
permanent barricades because in this case, the temporary barricades have the
effect of sometimes creating a disincentive for people who would otherwise
come into the district and kind of shop around and might decide to stay there
or it's a sort of - it's just a disincentive and, of course, you have less
than that with your inviting sign there, at least rerouting sign, but I have a
feeling the permanents, if and when we tried them, would be that much more
inviting. I just have a feeling even though you couldn't drive through...
Mr. De Yurre: Well, aren't those the ones that are going to be removable, the
removable ones that we're talking about?
Mayor Suarez: Yea, we had at one point thought that these would look totally
different from what they looked like. Those are very forbiding looking
ones...
Mr. Plummer: Well, but I got a problem with that as nice as it looks, OK?
You could not get a fire truck across that nor a police car and we have
insisted that everywhere the barricades have gone, that it is a roll over curb
situation to which a police car or emergency vehicle could proceed.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, I can see Miami design district is a new hood ornament on
station two's fire truck.
Mayor Suarez: Yes, that would create a bit of a problem. It would have to be
somehow, I don't know, done differently.
Mr. De Yurre: OK.
Mr. Gonzalez: Yes, some kind of gate that would be movable so they can open
and close it.
Mayor Suarez: Yes. Or just moved over to the side or something.
Mr. De Yurre: OK, we're ready for a motion?
Mayor Suarez: Yes, I think we're going to have to, on this particular one, go
ahead and entertain a motion at this point.
Mr. De Yurre: OK, I would move that...
Mr. Kranz: That would be acceptable for me to have that circle.
Mayor Suarez: Yes, and remember how that this is still a trial period and
we've not said the final word on this.
Mr. De Yurre: Mr. Mayor, I would extend this period, temporary period, far
another 90 days to get some hard state and actually realize what the situation
is, whether this is really an improvement or not and then proceed from there.
223 October 26, 1989
Mayor Suarez: So moved. -
Mr. Plummer: I'm sorry, I didn't hear it.
Mr. De Yurre: Ninety day - an additional ninety days to find out exactly
what...
Mr. Plumm.~r: An additional 907 Why would you go an additional 90?
Mr. De Yurre: They will only been there for five weeks. No, he says they've
had them up for five weeks only.
Mr. Gonzalez: Yes.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no, no, no, no. I won't vote for that. I'll go for a trial
period of ninety days total. You've been there five weeks, that means that
you've got another...
Mr. De Yurre: Two months.
Mr. Plummer: Another two months
Mr. De Yurre: OK, two months.
Mr. Odio: But, Commissioner, may I... the lady has a parking garage and they
cannot use the parking garage because the barricade is blocking the entrance
to the parking garage.
UNIDENTIFIED SPEAKER: On 38th Street. Our tenants can...
UNIDENTIFIED SPEAKER: That's not true.
UNIDENTIFIED SPEAKER: I have to tell you...
Mayor Suarez: OK, with instructions...
Mr. Odio: I'm going by what she said.
UNIDENTIFIED SPEAKER: I have to tell you...
Mayor Suarez: OK, with instructions - wait, we're not going to solve this
tonight, please. With instructions to the Manager that if, in fact, there's
any blocking of any parking garage entrance or anything, they come with a
better solution to that and bring it back to us, and also consideration of the
idea of leaving at least one of the stores somehow not blocked by the
barricades, such as Moore's or whatever because at least that's less
restrictive. And that would also cover, I think, one of his stores across the
street from you, I gather.
UNIDENTIFIED SPEAKER: We could make a compromise.
Mr. Plummer: Well, there's only one problem with that, Mr. Mayor and is how
do the cars turn around and get out2
Mayor Suarez: Yes, he stated that, but at least that they should study that.
It may be a simple way to structure...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes. There may be a way to deal with that.
Mr. Kaufman: We'll do that.
Mayor Suarez: Please study that and be creative so that we can have less...
Mr. Plummer: That's a cul-de-sac, but I don't think it's wide enough.
Mr. De Yurre: We have a second?
224 October 26, 1989
~~
Mr. Plummer: Huh?
Mr. De Yurre: Second? Sixty day period.
Mr. Plummer: If it is for a period of a total of 90 days, yes, I' 11 second
the motion.
Ms. Range: Yes.
Mr. De Yurre: Well, OK, an additional 60 days, whatever that is, that's it.
Mr. Plummer: No, I said a total of ninety days.
Mayor Suarez: Let's just stick to 90, it's almost the same thing.
Mr. De Yurre: Fifty-five days, J. L.?
Mr. Plummer: Ninety days.
Mayor Suarez: I'll second your motion.
Ms. Range: That was the first motion, ninety days.
Mayor Suarez: Do you want to make it sixty days?
Mr. De Yurre: Sixty days.
Mayor Suarez: All right, I'll second his motion of sixty days.
Mr. De Yurre: Call the roll.
Mr. Plummer: Motion understood, call the roll in a hurry.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION N0. 89-997 -
A MOTION INSTRUCTING THE CITY MANAGER TO EXTEND THE
EXISTING TEMPORARY CLOSURE OF STREETS WITHIN THE MIAMI
DESIGN DISTRICT FOR 60 ADDITIONAL DAYS FROM THIS DATE,
IN ORDER THAT THE CITY COMMISSION MAY CHECK SOME SOLID
STATISTICS AND EVIDENCE AS TO THE IMPACT OF SAID
STREET CLOSURES IN THE AREA; AND FURTHER INSTRUCTING
THE MANAGER THAT IF THERE WERE ANY BLOCKING OF PARKING
GARAGES OR ENTRANCES, A BETTER SOLUTION MUST BE FOUND
AND BROUGHT BACK TO THE COMMISSION FOR FURTHER
CONSIDERATION.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner M. Athalie Range
_ Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins.
Mr. Plummer: Wait, wait, wait. May I suggest, Mr. Manager, if you have any
ideas that could help these people here that you feel free to come back with
them and let us consider them, even during this period of sixty days.
Mayor Suarez: Meeting's adjourned.
225 October 26, 1989
r:
THBRE BEING NO FURTHER BUSINESS TO COME Bl3FORE THS CITY
COMMISSION, THE NESTING WAS ADJOURNED AT 9:29 P.M.
Xavier L. Suarez
MAYO R
ATTEST:
Natty Hirai
CITY CLERK
Walter J. Foeman
ASSISTANT CITY CLERK
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226
October 26, 1989
C.~~Y OF ~-
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°9°~~aF~o~,°a DOCUMENT INDEX
~j*~ ~T'E; OCTOBER 26, 1989
PAGE No: 1 of 2
yM~. \iV:~.7VLV11VlY ~7/
Y' ^ ~~~
AUTHORIZE LEASE AGREEMENT WITH EQUITABLE REAL ESTATE INVESTMENT 89-959
MANAGEMENT, INC. - TO LEASE 2,757 SQUARE FEET OF DOWNTOWN
OFFICE SPACE IN THE AMERIFIRST BUILDING FOR THE LAW DEPARTMENT
RESCIND RESOLUTION 89-946.
EXECUTE LEASE AGREEMENT WITH DINNER KEY BOATYARD, J.V. -FOR 89-960
THE PLANNING/DESIGN/CONSTRUCTION/LEASING AND MANAGEMENT OF A ''
FULL SERVICE BOATYARD MARINA AND ANCILLARY RELATED USES.
EXTEND DEADLINE FOR SUBMISSION OF PROPOSALS ON UNIFIED DEVEIAP- 89-962
MENT OF THE 1145 N.W 11TH', STREET PROPERTY.
AUTHORIZE MANAGER TO EXTEND PRESENT CONTRACT WITH SOUTHEAST 89-963.1
BANK -FOR BANKING SERVICES (INCLUDING LOCKBOX) UNTIL CONTRACT
IS AWARDED.
AUTHORIZE MANAGER TO ISSUE REVOCABLE ONE-YEAR PERMIT TO 89-964
HERITAGE MORTGAGE CORPORATION -FOR USE OF PROPERTY AT 1325
NW 6 STREET.
CONDITIONALLY DESIGNATE CODEC, INC. TO UNDERTAKE LOW DENSITY, 89-965
AFFORDABLE HOME OWNERSHIP PROJECT ON MELROSE NURSERY SITE -
ESTABLISH $750,000 AS REIMBURSEMENT TO .SHE CITY BY CODEC. -
APPROVE, IN PRINCIPLE, USE OF $1,500,000 CITY-ASSISTED:BECORD
MORTGAGE FUNDS BY PROJECT SPONSOR AS AN INTERIM CONSTRUCTION
LOAN - REQUEST METROPOLITAN DADE COUNTY TO CONVEY TITLE TO
SAID SITE TO THE DESIGNATED SPONSOR/DEVELOPER - RESCIND FRIOR
COMMISSION ACTION GRANTING, DEVELOPMENT RIGHTS TO MELROSE
TOWNHOME DEVELOPMENT, INC, AND ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY.
GRANT IN-KIND SERVICES TO GREATER MIAMI HOST COMMITTEE IN 89-966
CONNECTION WITH THE "CHALLENGER MEMORIAL TITLE PROJECT".
ALLOCATE $60,000 TO JAMES E. SCOTT COMMUNITY CENTER, INC. 89-967
(JESCA) r TO PROVIDE ASSISTANCE IN REESTABLISHING LIBERTY CITY
CHILD CENTER e- AUTHORIZE AGREEMENT.
ALLOCATING THE AMOUNT OF $2,353.88 FROM SPECIAL, PROGRAMS AND 89-968
ACCOUNTS CONTINGEIOT FUND, IN SUPPORT OF THE CITY'S HOMELESS
PROGRAM.
ACCEPT PLAT: "ALANDCO SECTION ONE" SUBDIVISION 89-969
APPROVE, IN PRINCIPLE, REQUEST SY MIAMI HEAT COMMUNITY FOUN-, 89-971
DATION - FOR DONATION OF CITY LAND TO BE USED FOR CONSTRUCTION
OF A COMMUNITY ATHLETIC COMPLEX AT GIBBON PARK.
GRANT FUNDING REQUEST BY THE URBAN LEAGUE -DIRECT MANAGER 89-972
TO IDENTIFY AN AMOUNT NOT TO EXCEED $15,000 CONCERNING
ESTABLISHING OF A MURAL DEPICTING THE LATE FATHER GIBBON,
GWEN CHERRY, JOE CALEB AND REV. GRAHAM TO BE LOCATED IN THE
DOWNTOWN MUSEUM OF NATURAL HISTORY.
EXPRESS SYMPATHY AND CONDOLENCES TO FAMILY AND FRIENDS OF 89-973
BONNIE McCABE .
_ ~ ~
} -
,~
_~;
UUC:UMENT INDEX
DOCUMENT DENTIFICATION
ACCEPT PLAT: "C.S.B. SUBDIVISION".
GRANT RE9UEST FROM CAMACOL FOR LIQUOR STORES TO REMAIN OPEN ON
SUNDAYS DURING MONTH OF DECEMBER.
CITY COMMISSION EXPRESSES TOTAL OPPOSITION TO A FEDERAL DETENTION
CENTER IN DOWNTOWN.
RESCHEDULE REGULAR AND PLANNING & ZONING CITY COMMISSION MEETINGS
TO TAKE PLACE ON DECEMBER 7 AND 14, 1989, RESPECTIVELY.
APPROVE RENEWAL OF CONTRACT WITH BALTIMORE ORIOLES, AS PRESENTED.
APPROVE WITH CONDITIONS, AMENDMENT OF DEVELOPMENT ORDER - FOR A
PARKING STRUCTURE FOR STATE OF FLORIDA DADE COUNTY REGIONAL
SERVICE CENTER PROJECT (THE RHODE BUILDING) AT APPROXIMATELY
111 & 112 NW 5 STREET.(APPLICANT: STATE OF FLORIDA DEPARTMENT
OF GENERAL SERVICES
AUTHORIZE AMENDMENT OF PREVIOUSLY APPROVED DEVELOPMENT ORDER -
BY APPROVING (WITH CONDITIONS) PARKING STRUCTURES FOR STATE OF
FLORIDA DADE COUNTY REGIONAL SERVICE CENTER PROJECT (RODHE BLDG).
APPROVE, IN PRINCIPLE, DOWNTOWN MIAMI MASTER PLAN (JULY 1989)
INCLUDING FLAGLER CORE, OMNI & BRICKELL AREAS)
AUTHORIZE MANAGER TO ENGAGE FESTIVAL FLOATS, INC, ($25,000) -
FOR CONSTRUCTION OF AN ANTIDRUG AND CRIME PREVENTION PARADE
FLOAT FOR UPCOMING HOLIDAY SEASON.
AUTHORIZE MANAGER TO ESTABLISH A MEDIATION PROCEDURE TO FACILE
ITATE ADJUSTMENT OF DIFFERENCES BETWEEN BLACK FIREFIGHTERS AND
LOCAL 587 OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS.
ESTABLISHING SPECIAL CHARGES/TERMS/CONDITIONS FOR USE OF BOBBY
MADURO BASEBALL STADIUM BY THE "MIAMI AMATEUR BASEBALL ASSOCI-
ATION" - FOR 1989 SEASON - ALLOCATE $25,000 - EXECUTE AGREEMENT.
ALLOCATE $8,400 IN SUPPORT OF THE MIAMI COALITION FOR A DRUG-FREE
COMMUNITY EVENT ~ TO BE HELD IN MIAMI ARENA.
PAGE 2 OF 2
OCTOBER 26,E
RETRIEVAL CODE Na
(RESOLUTIONS)
89-974
89-977
89-978
89-981
89-982
89-988
89.989
89-990
89-992
89-993
89-994
89-996