HomeMy WebLinkAboutCC 1989-03-23 MinutesMI
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MINUT98 Or RIOULAR MEETING
CITT COMMISSION Or.NXAMZ* FLORIDA
MARCH 936 1969
ITEM
SUBJECT
LEGISLATION PACE
NO.
NO.
1.
PRESENTATIONS, PROCLAMATIONS AND
DISCUSSION 1
SPECIAL ITEMS.
3/23/89
Z.
ANTONIO HACSO STATUS RESTORATION:
R 89-274 1-2
Donation of funds by Comprehensive
M 89-274.1
American Care - establish fund.
3/23/80
3.
STATE DEPARTMENT OF COMMUNITY AFFAIRS'
M 89-275 2-3
APPROVAL OF MIAMI COMPREHENSIVE
3/23/89
NEIGHBORHOOD PLAN 1989-2000t Request
from South Florida Regional Planning
Council that City be given the same
consideration an other cities
countywide seeking to build extra hotel
rooms - direct Administration to report
on April 13, 1989.
4.
GRANT WAIVER OF ZONING REFILING PERIOD
R 89-276 4-7
REQUIREMENT - grant request from
3/23/89
Stanley Price, Esq. (Counsel for David
Hill) - direct Planning Dept. to
conduct study of area between Main
Highway and Franklin Ave.
5.
PEOPLE UNITED FOR JUSTICE: Independent
DISCUSSION 7-10
Review Panel discussion concerning
3/23/89
re.fusal by police officers to appear
before Panel - request Administration
to give status report on April 13,
1089.
6.
SECOND READING ORDINANCE: Amend Code
ORDINANCE 10-11
Chapter 42, ("Police") establish
10564
definition,oftowing, procedure for
3/23/89
suspension and revocation of license,
and basic towing rate and allowable
auxiliary services.
7.
DISCUSS AND TEMPORARILY TABLE
DISCUSSION 11-14
REIMBURSEMENT TO CRUZ DEVELOPMENT &
3/23/89
ASSOCIATES, LTD. - for disposal of
construction debris - regarding
operations on Block 24N, Southeast
Overtown/Park West Community
Redevelopment Area (See labels 34 and
59).
8.
ZONING BOARD APPOINTMENT: Appointed was
R 89-277 14-15
George L. Sands.
3/23/89
9.
PLANNING ADVISORY BOARD APPOINTMENT:
R 89-278 15 1,7
Appointed was Doreen Clara LoCicero.
3/23/69
g g.
P
Ia.
A. DISCUSSION AND `rEMPORAR`f DEFERRAL OF
DISCUSSION
3/23/89
1818
'
PROPOSED APPOINTMENT OF RICHARD A
SUNNfiLL y to the review committee for
2640 S._
unified development of the
Bayshore Dr. property (See label 33)i
Commissioner's
_
8, Comments concerning
in connection with bidding
concern City
procedures (regarding
Administration's "gag rule" concerning
-
Merrill Stevens)-
11.
REQUEST FOR CODESIGNATION OF
TABLE O
DISCUSSION
3/23/69
18
PORTION OF S.W. 7TH STREET AS CLAUDE
PEPPER WAY" (See label 14).
12.
DISCUSSION CONCERNING REQUEST FOR
DISCUSSION
19-22
—
STREET CLOSURES IN AREA OF AND
LINCOLN AVENUES.
13.
A. RENAME BAYFRONT PARK: "MILDRED AND
89-279
R 89-280
22-35
"
CLAUDE PEPPER BAYFRONT PARK".
OF SEALED BIDS
3/23/89
B. WAIVE REQUIREMENTS
-
TO COMPLETE PEPPER FOUNTAIN.
(Continued Discussion) CODESIGNATE
R 89-281
35-36
— 14.
—
PORTION OF S.W. 7TH STREET FROM
3/23/89
BRICKELL TO 12TH AVE. AS "CLAUDE PEPPER
_
WAY" (Seelabel11).
— 15.
SET PUBLIC HEARING REGARDING REQUEST
M 89-282
3/23/89
37
FOR CODESIGNATION OF N.E. 2ND AVE. FROM
S.E. 3RD ST. TO I-395 AS "ABEL HOLTZ
_
BLVD. "
— 16.
HEALTH CARE NEEDS FOR LITTLE HAITI:
to
R 89-283
3/23/89
37-41
Urge Dade County Public Health
recognize that it is not meeting the
—
community health needs - recommend
adequate funding - request lobbyist to
draft legislation. urging Jackson
Memorial Hospital to service Little
Haiti/Overtown area.
17,
CHALK'S AIRLINE: Direct.City Attorney
M'89-284
3/23/89
42-46 ;
_
to postpone any legal proceedings
_
against Chalk's Airline until April
28th, 1989.
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18. A. BELLE MEADE ISLAND, Grant request
from Belle Meade island residents
urge . holding of special district
election for creation of special taxing
district to fund security services
allow operation of gates to moni$..
M 89=285 41-60
R 89i286
M 69-287
R 89=288
R 89-289
3/23/89
incoming traff it-.
reconsidering Notion 89-287.)
B. Urge Public Service Commission to
grant residents' request to- have
utility wires buried.
C. ADULT CONGREGATE LIVING FACILITCity
Brief discussion concerning
_
Commission's position as to new
placements of ACLF institutions within
City limits (See label 19).
D. BELLE MEADE ISLAND: Reconsider
Motion 89-285 - grant` request by
residentsto create special taxing
district to fund security services and
,
construct/operate gates to monitor
incoming traffic.
E. Grant residents' request to
construct a security guard house to
_
allow security personnel to monitor
incoming traffic.
F. Resolution,.approving creation of
—
special taxing district for Belle Meade
Island to provide security guard
services. (Note: This Resolution
updates R-87-539.)
19.
Discuss and table public hearing
DISCUSSION
60-62
concerning proposed moratorium on
3/23/89
applications for ACLFs (Adult
Congregate Living Facilities) within
3:
City limits (See label 18C).
_
20.
BAYFRONT PARK: Waive in -kind services
R 89-290
3/23/89
62-63 _+
(police, fire, sanitation) for first
anniversary celebration.
—_ 21.
19TH ANNUAL BUDWEISER UNLIMITED
R 89-291
64
HYDROPLANE REGATTA: Grant request for
3/23/89
in -kind services .in connection with
T
event.
22.
GREATER MIAMI .CONVENTION &, VISITORS'
DISCUSSION
64-72 t
BUREAU: Discussion
3/23/89
23.
CONDOLENCES TO FAMILY OF, MR. LEE ARTHUR
R 89-292
73-74,
LAWRENCE (See related label 31).
3/23/89
:4
24,
(Continued discussion) BAYFRONT PARK
R 89-293
74
ANNIVERSARY CELEBRATION .,"A .Taste of
3/23/89
Miami".- .authorize three-day permit to
>,
_
sell beer. .and wine -,(See label 20),.
�r
25.
TOWING :,.FOR POLICE: Authorize one-year
R $9-294
75 761:
renewal of Police Towing Agreements
3/23/$9
x
with certgin.,towing companies., ..;,
-- 26.
OVBRTOWN TASK,.FORCB: Discussion.
pISCU¢SION.,
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STATUS Or 09'ERTOVN SHOPPING
C$NTER; PERSONAL APPEARANCE BY
DR. BILL PERRY concerning various
Issues: (a) Mint -station for
Overtown, (b) Property at Sth
Ave. and llth St., (c) Proposed
location of new administration
building in Overtown.
26. i1ELCOME SIGNS into the City and into
neighborhoods: Authorize erection of
DISCUSSION
3/23/40
M 89-295
3/23/89
77-BS
"Velcome" signs 10 City Neighborhoods -
stipulate signs shall contain official
seal of City.
— 29.
HOMELESS PROGRAM: Discussion in
DISCUSSION 87-100
connection with proposal urge the
3/23/89
_
..to
County to live up to its responsibility
concerning the homeless - Commissioner
Kennedy to meet with County officials.
30.
OVERTOWN ADVISORY BOARD BROCHURE:
M 89-296 100
Allocate $14,000 to cover printing
3/23/89
expenses.
31.
ESTABLISH REWARD - LEE ARTHUR LAWRENCE:
R 89-297 101
Authorize establishment of $5,000
3/23/89
—
reward for information leading to
arrest and conviction of assassins.
32.
DORSEY HOUSE: Discussion concerning
DISCUSSION 101-103
acquisition and rehabilitation.
3/23/89
33.
(Continued Discussion) APPOINTMENT OF
R 89-298 103-105
RICHARD A. BUNNELL TO REVIEW COMMITTEE
3/23/89'
FOR UNIFIED DEVELOPMENT OF THE 2640
SOUTH BAYSHORE DRIVE PROPERTY (See
—
label 10).
34.
(Continued' Discussion) Discuss and
DISCUSSION 105-106
table a second time request for
3/23/89
authorization to reimburse Cruz
—_
Development & Associates, Ltd. for
r'<'
—
disposal of construction debris -
regarding operations on Block 24N,
_
Southeast Overtown/Park West Community
Redevelopment Area (See labels 7 and
59).`
35.
Clarifying comments by Administration
DISCUSSION 106
in connection with withdrawal of Agenda
3123/89
item PZ-1 (See labels 38 and 40).
36.
DISCUSSION CONCERNING FIRST READING
DISCUSSION 106
ORDINANCE: Zoning atlas amendment
3/23/89
_
(scrivener error) - change zoning
designation of southern S' of property
located; at approximately 115-129 SW
xr'`
wt ,
36th Court from CR-3/7 to RG-1/3. (See
XIF
<h
label 39).
37.
FIRST READING ORDINANCE: Zoning atlas
REMEDIAL 107- ;.
amendment (scrivener error)- 'change
,�L
ORDINANCE �4?jx
R
Z9on g"designation of entire lot'at 879
.. }
FIRST READING zs'� t
NE, 78th Street from CR-3/7 and'RS-2/2
3/23/89
=
to CR-3/7.
w
jv.Direct
Administration to request Metro- R 89-299
3 3/23/69
,moo
108y110
i
Dade County to release City f rorc the
deed restriction on north side of 5th
Street between 3rd and 4th Avenues.
(See labels 35 and 40).
(Continued Discussion for correction of ORDINANCE
110-i1i
-
39.
public record) FIRST READING ORDINANCSs FIRST READING
Zoning atlas amendment (scrivener 3/23/69
error) - change zoning designation of
southern 5 feet of property located at
approximately 115-129 SW 36th Court
from CR-3/7 to RG-1/3. (See label 36.)
-
(Continued Discussion) Clarifying DISCUSSION
111-11i
r
40.
comments by Administration in 3/23/89
connection with previously passed
Resolution 89-299 conce A ing request
from the County to release City from
deadrestriction on city -owned lot (See
labels 35 and 38).
Discuss and continue consideration of
112-114
41. at DISCUSSION
zoning and traffic alternatives
Coral Way between SW 32nd and 37th
Avenues; The Miracle Center parking
problems.
42. Defer discussion for further M 89-300
114-117 -
-
Department's 3/23/89
information Planning p
study - land. use and zoning of area
bounded by NW 22nd and 27th Avenues
_—
between NW 36th Street and the City
-
limits (SR 112).
43. Discuss and table proposed zoning atlas DISCUSSION
lie-119
amendment, at approximately 6500-6598 3/23/89
s3
West. Flagler Street from RG-3/5 to CR-
h
{
2/7. (Applicants: Peter and Antonia
olivera, Norman Rodriguez, Julio
Mederos and Royal Flegler Condominium)
-
(See ,label 48).
44. Discuss and temporarily table DISCUSSION
119-140
--
Agenda items PZ-12 (amendment of 3/23/89
DRI to amend findings of fact,
deleting, condition 5 of the
MENNEN
Development. Order,_ etc. relating
ME
to Miami Center I Project [a/k/a/
Ball Project]), and PZ-13
;
.Point
(amendment of. DRI by making
findings authorizing execution of
partial.,release of covenant,.etc.
relating to Miami Center I
®
Project [a/k/a/ Ball Point
Project)) (See labels 46 and 60).
45. DENY REQUEST, FOR MODIFICATION FOR M,89-301
140-149
RELEASE.,OF, DECLARATION OF: RESTRICTIVE 3/23/89
n
GOVENANTS.;;;RUNNING WITH LAND.. FOR
^'
PROPARTY OWNED BY UNIVISION .-_STATION
_ ,.
GROUP, INC.. - .at approximately 740-742
NSW. ;,25th .Ave. ; - to..permit use ;,of
ro' arty . for construction of a,
p P .
,..
- cormnunity based, residential.,, ..center.`
.,
4
f
w <3 V"
OF
W.
.
A. (Continued Discussion) Grant
R 89-302
150-156
previously approved Development Order
M 89-302.1
for Miami Center I Project (a/k/a Ball
3/21/89
Point Project) (a DRI) - delete
condition 5 regarding upper level
=
pedestrian connection, etc.
_
H. Accept voluntarily proffered
contribution from applicant in the
-
amount of $100,000. (See labels 44 and
60).
47.
AMEND MIAMI CENTER I PROJECT (a/k/a
R 89-303
156-157
Ball Point Project) (a DRI) - make
3/23/89
_
findings - authorize execution of
partial release of covenant, etc. (200
S. Biscayne Blvd. & 100 Chopin Plaza).
48.
(Continued discussion) !FIRST READING
ORDINANCE
157-158
ORDINANCE: Zoning atlas amendment
FIRST READING
regarding property located at
3/23/89
-
approximately 6500-6598 W. Flagler St.
from RG-3/5 to CR-2/7 (Applicants:
Peter and Antonia Olivera, Norman
Rodriguez,- Julio Mederos and Royal
Flagler Condominium) (See label 43).
49.
GRANT APPEAL AND REVERSE ZONING
R 89-304
159-165
BOARD'S DECISION - to allow
3/23/89
waiver of a required 6 foot high
-
wall - at approximately 2606 and
2612 S.W. 28th Street (Applicant:
—
Leonard A.'Ralby).
-
50.
GRANT APPEAL AND REVERSE ZONING BOARD'S
R 89-305
165-172
APPROVAL OF VARIANCE - to allow garage
3/23/89
addition at approximately 3893 Park
Avenue (Applicants: Robert & Cindy
Lederman).
t
51.
LUMMUS PARK DEVELOPMENT -PHASE -I
R 89-306
172-173 -
-
(ProjectNo. 331042):' Approve
3/23/89
-
application for grant`($100,000) from
Florida Department of Natural Resources
for capital improvements to park on a
L
50/50 local match.
52.
FIRST READING ORDINANCE: Amend 9500 -
ORDINANCE
173-176.
in connection with Class -C Special
FIRST"READING
-
Permits - to allow applicant to
3/23/89
®
transmit courtesy certified mail
notification of application to adjacent
®
property owners as an option - provide
that changes of text of zoning
ordinance shall be solely by
publication.
MEMN
53.
FIRST READING ORDINANCE: Amend, Code,
ORDINANCE
176-177
Section 62-55 - require applicant"-
FIRST READING
h.
transmitted courtesy certified mail
3/23/89
notifications for Planning Advisory
Board', Zoning Board and Cty'Commission�
public 1:e.arings -provide for applicant';*
responsibility for ' notice ` of pending
edniinistretive action on Special
Permits to adjacent property owners or
J�+
condominium associations.
54,
FIRST READING ORDINANCE: Amend 0500 -
ORDINANCE 177-178
amend SPI-5 Briekell-Miafi River
FIRST READING
Residential -Office District Provisions
3/23/89 _
by changing permissible retail and
service uses and limitations pertaining
to also, ground floor location and
accessibility of establishments -
—
change contributions to the Affordable
Housing Trust Fund - add certain public
amenity uses to the retail bonus, etc.
5S.
EMERGENCY ORDINANCE: Amend Code,
ORDINANCE 178-179
Section 62-61 (Schedule of Fees) - add
10565
—
fee to cover cost of mail notifications
3/23/89
to the public of proposed toning
changes - modify fees for Major Use
Special Permits including DRI's.
56.
FIRST READING ORDINANCE: Amend 9500,
ORDINANCE 179-186
Schedule of District Regulations, CR-1
FIRST READING
Principal Uses and Structures -
3/23/89
authorize financial institutions
-
without drive -through facilities -
change references from "drive-in" to
"drive -through".
57.
A. Discuss and continue to April 27,
DISCUSSION 186-187
_
1989 appeal by applicant Joaquina
3/23/89
Concepcion Zoning Board's denial of
-
special exception to permit existing
offaite parking for the parking of
private passenger. vehicles only in
conjunction with "El Milagro Market."
_
B. Continue as second item to be taken
=
after 6:00 p.m. on April 27, the issue
of proposed restriction of vehicular
access to S.W. 28 Street, with S.W. 26
Avenue and S.W. 27 Lane on a 90-day
trial basis by constructing temporary
barricades across said street and lane.
So.
Continue all items not taken up in
M 89-307 187-188 _
_
Planning` and Zoning portion of agenda
3/23/89
to April 27, 1989.
59.
(Continued Discussion) AUTHORIZE
R 89-308 lee-189
REIMBURSEMENT TO CRUZ DEVELOPMENT &
3/23/89
ASSOCIATES,' LTD. - for expenditure
concerning removal/disposal of
construction debris on Block 24N in
-
Southeast Overtown/Park West` Community
Redevelopment Area (See labels 7 and
-
4).
y 60.'
Direct City Clerk to divide into two
M 89-309 189
separate motions prior Commission
3/23/89
action taken in connection with'PZ-12
(See labels 44 and 46).
Z�
bl.
DIRECT ADMINISTRATION TO PREPARE A
DISCUSSION 190-
—
REPORT ON SPEED STRIPS PRIOR TO
3/23/89
DISCUSSION ON BARRICADES TO BE PLACED
ON 27TH AVENUE.
2 F:
.� _
� g,
MINU'TRS OF REGULAR MEETING OF THE
CITIr COMMISSION OF MIAMI, FLORIDA
On the 23rd day of March, 1080, the City Commission of Miami, Plorida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session:
The meeting was called to order at 1:11 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ASSENT: Commissioner Rosario Kennedy
Sergio Rodriguez, Assistant City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor De Yurre then
led those present in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
1.'Proclamation declaring March, 1989, as Social Worker Month.
- 2. Commendation .to Officer Susan Fernandez,-: Miami Police Department, for
outstanding performance of duty.
2. ANTONIO ,MACEO STATUE RESTORATION: Donation of funds by Comprehensive
..American Care - establish.fund.
Mayor Suarez: Do you.want to do these donations at this point from CAC? JGR
■ and Associates, it looks like Julio, Jr. I don't know if... this'- was 'to
replace a statute of Antonio Macao which Was - or to fix it up which was
recently destroyed by vandals or damaged by vandals. We always `accept gladly
donations of this sort and of course Antonio Macao is one of: the. principle
forefathers. We always take the money.
Mr. Plummer: Mr. Mayor, I, at this time movethatthe City accept the check
and that it be set in an appropriate fund for the.purposes'of the restoration
of that statue at the same - time saying thank you to CAC fot ' their -generous
donation. I so move.;'..,
Mr.' Dawkins: Second. +
Mr'. Plummer: No you canput r no ► y 't P that in your pocket.
Mayor Suarezr - Carl they roll . ;
All
G�
The following resolution and Motion were introduced by commissioner
Plummer, who moved their adoption:
RESOLUTION 90. 89-274
A ABSOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING
WITH GRATITUDE AND APPRECIATION THE DONATION BY
COMPREHENSIVE AMERICAN CARE (CAC) ORGANIZATION FOR ITS
DONATION OF $5,000 TO THE CITY OF MIAMI FOR THR -
—
PURPOSE OF HELPING RESTORE A RECENTLY VANDALIZED
STATUS OF ANTONIO MACRO.
(Here follows body of resolution, omitted here and on
x
file in the Office of the City Clerk.)
MOTION NP. 89-274.1
—_
A MOTION INSTRUCTING THE CITY MANAGER TO ESTABLISH A
FUND IN CONNECTION WITH COMPREHENSIVE AMERICAN CARE'S
(C.A.C.) DONATION TO THE CITY OF $5,000 TO RESTORE A
RECENTLY VANDALIZED ANTONIO MACRO STATUE. (See R 89-
274).
Upon being seconded by Commissioner Dawkins, the resolution and motion
were passed and adopted by the following vote:
-
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
-
3. STATE DEPARTMENT OF COMMUNITY-AFFAIRSAPPROVAL OF MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1989-2000: Request from South Florida Regional
Planning Council that City be given the same consideration as' other
-
cities` countywide seeking to build extra hotel rooms - direct'
Administration to report on April 13, 1989.
Mayor Suarez: I'm pleased to announce that I got a call this morning from
Secretary of Department :of Community Affairs of the State of Florida. The
®
City has been, for two years, putting together at much cost and expense and
work and diligence a Comprehensive Neighborhood Master Plan and:, today' our
=
Comprehensive Master Plan was found to be in compliance by the Department of
Community Affairs. On Monday it had been approved by a narrower vote than we
would like to see by the South Florida Regional Planning Council ow,which
t
Commissioner J. L. Plummer sits. We congratulate the Commissioner for voting
the right way and leading that agency in the right direction to approval, even
by -a narrow margin. We're happy to see any margin and we-congratulate:the
-
Planning Department and Sergio, if you would like to introduce some of the
people who have collaborated in our Comprehensive Neighborhood Master Plan, I
+t�
-
am not particularly gloating that some other local governments have had theirs
rejected; but you may take note of the fact that the County, for example;,
didn't get their's approved and we got our's approved so.. ,'
Mr.- Sergio 'Rodriguez: If I may, I would; like: to. ask Guillermo Olmedillo aAd
Joe- !McManus 'and -the- project manager which is Davet-Whittington,' Lourdes-,U49yk
Harold Rook,:.Clark Turner, Sarah Eaton Shawn; did you=pork."on thie' top?r
—
Shawn u I believe those are the ones` that are here today "'sad i!tp Vetr.
r" P Yr
happy- that we :were found in complishce. '' I think "that-y has; been=aatraa►sndo�t _
achievement and we- have ;-been working for a , long, `long: time *In trying'-.,o gabw
the pl"aw for the City:
Mr. 'Plummer: " Mir. •- Mayor *,'you IvO."never ' had w tireat- us til" 0W meet that
crew for breakfast on Monday morning - and a half our bafare tk a meeting.
4Y
j3
4 all hit 76u at one time and sped you to comprehend everything that they're
saying.. Us were successful and our plan was forwarded. There is one .other
thing which l brought to Sergio's attention after he left, the City of Miami
Beach has .applied to the Southy'lorida Regional Planning council for a
reconsideration so that they can build more hotel rooms without a detriment to
thbir DRt. When l asked if it was being applied Cbuntywide, I was told,,
"hell, they're the only ones that have had a letter of request." i would like
to make a motion at this time that this City send a letter immediately that
the same consideration given to any other municipality in the release of hotel
rooms in the future, that this City requests the same. And I so move.
NOTE FOR THE RECORD: Commissioner Kennedy entered the meeting at 1:15 p.m..
Mayor Suaraz: So moved and seconded. Is that recommended?
Mr. Rodriguez: Yes, sure. -
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 89-275
A MOTION, INSTRUCTING THE CITY MANAGER TO FORWARD A
LETTER TO THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL
REQUESTING THAT THE CITY BE GIVEN THE SAME
CONSIDERATIONAS,ANY OTHER MUNICIPALITY. WITHIN THE
COUNTY SEEKING TO BUILD ADDITIONAL HOTEL ROOMS WITHOUT
NEGATIVELY IMPACTING ON THE DOWNTOWN MIAMI, AND
_ SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL
IMPACT.DEVELOPMENT ORDERS.
Upon being seconded. by Commissioner Kennedy, the motion was:passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr. —
Commissioner Rosario Kennedy.
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
t;
NOES: None. _
ABSENT: Commissioner Miller Dawkins.
Mr. Rodriguez: Mr. Mayor...
!Mayor Suarez: Yes, Sergio.
Ennis
Mr. Rodriguez: I failed to mention that in addition to the people here today,
we have Roberto Cruz which . worked very well on this project and the rest of
the Planning Department and all the City Departments that worked together in
the preparation of the project and specifically the Law Department that kept {
us out of legal problems.
s�
Mayor Suarez: I was afraid you were going to bring the Law Department into_
this. x�
4
Mr. Plummer: Yes,
Mayor, Suarez:„ . It is a very, technical .process, it is s new process : is ttie
State of Florida, we have tried to clarify to the State, the Department :of
Commut�i y.,Affairs , that.;: we have different conditions „aC play ip :the ,����Cy Q-
!lami than the. entire crest of the State. That we are highly urban area, we't„
have development needs that the rest of the State do not have, that are : £ 4
totally • if fgreat.:from W4st thsy.,_ have and I , think today'a approval by the DC
A
and Mondays approval by the South Florida Regional Planning CounCi�; � thinks
ppeakn,:well of,our lwpactp..makin those .dis�incttons, ;�eax to-.,
boon :a Tong. effort and a lot of people, have been ia49lved some It
iAYov04 . +4t, . tie, : polit.o,ai . lavel we won't get int9 than Ini
technical `basis,. it �raa the right decision cad"we'ie happy that 3,t.`ta9kskace.I:.
• _ : Muk retJ i'.vs, ..yam; .1 -"•4 % +.d•+�a4['J �1"..e'��
cm. v..__:n- �'+64Lro-..i�Grv.n-xn ,avf...a ... .,ia,Uc<Y'. Y<i _SKf';o-3Srs d. ,✓ *kLa .-v?v,_
,. CSC ltAIvSR b1� ZONINd UPILINO PSltIOD nQttIMDO NT :. grant request irk
Stinlay Price, Esq. (Counsel for David Hill) - direct Planning Dept. to
conduct study of area between Main Highway and Franklin Ave.
Mr. Dawkins! Mr. Mayor, before we get to item one...
Mayo Ir Suareet Oh, Commissioner Dawkins.
Mr. Dawkins: Attorney Price had a special request and with the
Commission's approval...
Mayor Suarez: Is it Stanley Price?
Mr. Dawkins: Yes. I'd like to hear`*it but also after he finishes, I'd need
for the City Attorney to tell me if his request is legal and that we're not
violating any ethics or what have you.
Mayor Suarez: OK, Stan.
Stanley Price, Esq.: Mr. Mayor, members of the Commission, my name is Stanley
Price, I'represent Mr. Hill. A zoning application had recently been brought
before this' Commission which was rejected by a 3 to 2 vote. Pursuant to
provisions of the City Code, there is a provision that this Commission may, by
an affirmative vote of the majority of the Commission, waive the refiling
period in which thin matter may be brought back to the Commission. I,have,met
with representatives of the Planning Department and I believe that we'couid
fashion an application which is different in kind, accomplish what I"think is
Mr.`Hill's objective in regard to the - just solely the office building - and
not' have any detrimental affect on the Taurus property or the surrounding
sites to the Taurus property. And we'd like that opportunity, we'd like
respectfully for you to waive the refiling period to permit us to go through
that exercise.
— Mayor, Suarez:' What is the ordinance that we passed on reconsiderations say
about''a `reconsideration and the meeting 'right after the meeting at which `It
was...
Mr. Prices Sir, I'm not asking for reconsideration, I'm asking for a waiver
of the period in which to refile.
Mr. Plummer: Time, 12 months.
Mayor Suarez: And didn't it permit - well, because you're not framing it as'a
reconsideration but if the ordinance didn't permit a reconsideration for 12
months or refiling. I thought there was a possibility of reconsidering the
very meeting after it was denied.
As.>
Mr. Plummer: There is but that was - it was two meetings ago, I believe.
Mayor Suarez: You don't want to proceed along that route.
Mr. Price: I want to file a different application in kind.
Mayor Suarez: I see, so that would not be a refiling, OK, or _4t
_ s
reconsideration That Mould be a whole new filing. '`Does this; `in "any, way,
involve -Mr. `Cit Attorney or Mr. Planning Director, or anyone, some, of the
-
id y B 3► , _
people who voted against supporting such a new filing or does it really{�
matter?.. Procedurally, I guess'it doesn't matter. c
Mr. Plummer: Procedurally, it would have, to be somebody on the prevalling
side. P'
Mayor Suarez: I don't think it does. r
Mr. Dawkins: You know, I don't think no. Mr. City Attorney... rtr sf
f 4 -
Mr,-Joe Feraaadez: Yes, sir.
7 4 ,ir'r
5 Y
Mr. Plummer: No.
Mgt. bavkins: The previous two City Attorneys said that we operate under not
Aobart , ftulos of Order but Mason Rules of . Order...
Mi..Fsrnandes: That's correct.
Mr. Dawkins: ... and it does not have to be one an the prevailing side to
bring an._issue back.
Mr. Fernandez: You're correct.
Mayor Suarez: And the ordinance does have a waiver? Provision in it?
Mr. Fernandez: Yes, it is. The thirty-five, 3514.5 by an affirmative vote of
three members of the. City Commission, there may be a waiver of the time
period.
Mr. Plummer: Well...
Mayor;, Suarez: I think you know how I feel about it. I'm not going to make
the motion but I'll entertain a motion.
Mr. .Plummer: Well, and I and Mr. Mayor, likewise, even though my opinion
was counter.,to yours, I will make a motion for the waiver based on only one
thing and without it, I would not vote for the waiver. And that is, I would
vote forthewaiver based on an immediate study by the Planning Department of
the immediate area. Now, they've done a study of the entire area but as I
made my, comments. very, clear,.,,in thelast meeting, this particular physical
location has,. been an. off ice for as long as I can remember and I've been here
50,years. And. I..don't .think that .there was, at any; time; a consideration '
given;.as to how that would affect so I _would move the waiver based:on-,the
Planning Department doing an immediate study:of that particular;:area.,,That.l
- would move, but ,without the,Planning Study, I would not ask for the waiver.
Yes, air.
Mr. Fernandez: ;Yes,,there is also a consideration in the waiver that you must
find that it is necessary to prevent an injustice or to facilitate development .
— of,. the , City . in, the context of _ the adopted. Comprehensive., Plan ::or; : portions
thereof.
Mr. Plummer:. Well,. you heard my comments. Ia,my,comments...,..-. a
Mr. Fernandez: Correct.
Mr. Plummer: ... pertaining to that?
Mr. Fernandez: Yes:
Mr. Plummer: I think they are, if that's acceptable.
Mr. Fernandez:, .That's to ;.put it in context, that's to put: in context, your
comments.
Mr. Plummer: Well, I would only move it under the - as I Day it again that
that immediate area be studied by the Planning Department and then, at such.-,.
time, would it.come back before this Commission.
Mr. Dawkins: And when it comes back, that no guarantee that the vote w111 '
be any:different.than..it..is,now.
s au
Mr. Fernandez: That's correct. �y x
Mr. Rlummers Nall, 7thereI-s never any guarantee.
r
Mayor Suarez: OK. .
r.,..Aawkinsr ,.Wi,h those atipuiatons, I'll aecand 3t.
Mayor Suarezt.:,SA moYed aad seconded. Any discussion?'
1?awkina s XOCIP : d.isau►as ip�a * .. �
f s 1,, z n
411
Mayor guarani Commissioner bawkins.
Mr+ bawkinst Mow, the residents, Mr. City Attorney, out there have no ground
oft. which to ray we are violating any laws and doing anything that,: illegal
becadss they're not heret is that:..
Mr. Fernandez: No, that is correct. They will be here, of course, because
' their application anew will be noticed for public hearings and everything
also,
Mr. Dawkins: I mean today though, I mean this morning.
Mr. Fernandez: No, for today, this is the proper action for you to take. y-
Mr. Dawkins: OK, thank you.
Mrs. Kennedy: But they will... Commissioner Dawkins is right, they will be
notified when the come...
Mr. Fernandez: No.
Mrs. Kennedy: What do you mean, no?
Mr. Fernandez: I'm sorry. &
Mrs. Kennedy: The neighbors will be notified later on.
Mr. Fernandez: Oh, yea, the neighbors will be notified as a regular course of t
action —They're always notified when there is an application. The only thing
you're doing today is waiving the period so that they don't have to wait a
hundred:- 18 months or 12 months before they can apply again. But, upon
applying, they have to go through the process and the process requires,
•notification to the neighbors. -`
.Mr. Plummer: When that's over, I want to ask you another question, but it's
not pertaining to that particularly.
Mayor Suarez: So moved and seconded. If there's no further discussion as to.
this motion, please call the roll.,
The following resolution was introduced by Commissioner .,Plummer, who
— moved its=adoption:
RESOLUTION NO. 89-276 A,
A RESOLUTION GRANTING A WAIVER OF THE TIME LIMITATION '
ON FURTHER CONSIDERATION, AFTER DENIAL- ;OF.. AN
a
APPLICATION FOR THE REZONING OF PROPERTY WHICH IS '
CONTAINED IN SECTION-3514.2(b).OF. ORDINANCE 95000, THE �£
ZONING :ORDINANCE OF THE CITY OF.MIAMI,.FLORIDA, AS. {
AMENDED, PURSUANT TO THE PROVISION FOR WAIVER OF. TIME
LIMITS CONTAINED IN SECTION 3514.5,OF ORDINANCE NO.
9500) FOR THE PROPERTY OWNED BY DAVID AND CHRISTINE C.
HILL, LOCATED AT 3560 MAIN HIGHWAY, MIAMI, FLORIDA.
_ z
(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'l,passsd
And, adopted: by, the: following -:votes
— AYES: Commissioner J. L. Plummer, Jx. b'
Comniasioaer<Rosario Keened
Y
Commiss Loner, MLklegDawkins ?
- Viee►+.Mayor,: Vidtor De Yurre � '` ����.
;:NO85: Mayor Xavier L. Suarez
N/ a
:` RNIiS+.�?! 11t� nl.� •P -. ,- � - - _ f t �. z t { � .'�'.4 f 47��'i 5 '�'y�q`-''�� � _
liF• Price; Thank you very much, ,-�
5yfy 3*' -
h -
ygy^ 5
- �- Y it ii f ,•s£.� �; '�� „ -
Mr. Plummer, Mr. City Attorney, when you say with or without prejudice, Y
didn't ever remember this Commission using that terminology, yet I cOftStantiy
bear that without prejudice things can come back in 12 months; with prejudlre,
they can't come back for 18. Do we have any kind of a stipulation? I knew
the County when they make a motion pertaining to a given boning location; do
it with our without prejudice. Do we have anything in our...
Mr. Fernandez: No.
Mr. Plummert So, is it just a flat 12 months regardless?
Mr..Fernandazi Just a flat - yes.
Mr. Plummer: So the 18 months never come into play in the City.
Mr. Fernandez: Well, when it's...
Mr. Guillermo Olmedillo: You have two different cases.
Mr. Fernandez: When it's the same application that it has to wait 18 months.
Mr. Plummer: Oh, an identical application has to wait 18 months.
Mr. Fernandez: Yes, exactly.
Mr. Plummer: So that's the one with prejudice but we've just never used the
`r
terminology.
Mayor Suarez: With longer delay.
Mr. Fernandez: With longer delay.
Mr. Plummer: OK. Fine, I just asked for clarification, that's: all.
Mr. Fernandez:. Yes. -
Mr. ,Plummer: Thank you.
---- -- ------------- --
5. PEOPLE -UNITED FOR JUSTICE: Independent Review Panel --,discussion
concerning refusal by police officers to appear before Panel request t
Administration to give status report on" -.April 13, 1989. 3'
1 �Y.
Mayor Suarez: We have a request that I: have just been handed by Silly
® Hardemon and it reads as follows; let me procedurally tell you where we are on
this, because we're going to get into some of the issues affecting the
Overtown panel, I believe, at the next Commission meeting, at ;theregularly
scheduled. meeting on April 13th. We've had at least one request to be heard
on that topic and this might be another such request.but it reads,.as,follows.
It.'s very brief, "The people united for justice," which presumably you
represent, "respectfully request to address the Commission today regarding the w'?
Overtown Independent Review Panel," Do we want to have -a show of hands,_as:to. r,
who that group is today? As you know, .this panel was formed, :;by `the
Commissioners and granted full .subpoena power. "Two officers, have been 4
subpoenaed andrefused to appear: before. the ;panel: This: type of daf ianceF<and "' M
°rY
the refusal,,. ,to .accept an Independent ,Review ,Panel ,doss not aid police
communityrelations. We are petitioning the Commission to take action to
enforce the subpoena issued by he panel and, hold these offieern: is<contendgt r� 4
of. _pity ,',ardsrs:.,",, I wait "to roadthis into :,the record: as yQUr},:;pettiga
yf
March ,23r4, 1989 and .wa'rp not going .to; get . into the perits today ;un7A e a e F ry
Commissioner•..Mmats to pecausp this Matter.. is . not• .on •ths, agenda .but I fd:Q want
1:he ;City Attorney , tom exRlain ° what vo l;,e :doing . in rogarda,:to snforcimg= thew, j
F ..
aubpoeaas.. 3011ove me,, we're not just sitting down and.aace t,ia the atot ie afz .
lr. AawlCin: dome. to the ,:mike .ao you can hear what the;, City' Attorney has t ' ` tr
pay*.Y r�
72,
. • _ 5-' %''n ..- r e 1, 'i7 j�'n�;�"t _
Plt
1 —
Mayor Suarez: City Attorney, what or how are we pursuing that?
Mr. yernandez: Too, the City has been sued by the rraternai Order of Policy
precisely over this issue. This is a subject Chatter of litigation in which
we're presently very much involved in. This was also brought to the
attention, this litigation of the Independent Review Panel and Mr. Long, the
attorney for the Independent Review Council and myself, are working together
to find the proper way of enforcing these subpoenas.
Mayor Suarez: The Commission does not, per se, have any powers of contempt.
_ There are some legislative bodies that do. The U.S. Congress has powers of
contempt and the British Parliament has powers of contempt. we don't, so we
have to enforce them through the courts and we're trying to do precisely that.
Mr. Fernandez: Through the courts. Exactly. Now, whether Miss...
Mayor Suarez: But, you're welcome to come and get a status report on the 13th
and I'll take your letter if you would like as a request to be heard on this
item on this issue on April 13th and we'll give you a status report at that
time.
Mr. Billy Hardemon: I'd like to say, thank you, Mr. Mayor, for at least
hearing us and accepting our letter into the record. We're just concerned that when we read the Miami Herald, as you probably did two days ago, that
said these officers....
Mayor Suarez: We try not to read it too much, but...
Mr. Hardemon: But these officers basically ignored the subpoena and it really
hurt, at least it hurt me personally and several members of my organization,
to see that we will have City employees, police officers, if not the letter,
they were in violation of what I call the spirit of the intent of the
Commission by refusing to appear. Especially when you got the Police Chief
that did appear and then calling your office I was given the information that
they had the... they did not have to appear. That was more like an invitation
instead of a subpoena, so I came here for clarification. If a subpoena and
not. just,, you know, a subpoe... when I hear invitation, you can decline
invitations but subpoena, I think of some type of contempt action, some type
of penalties if you do not comply.
Mayor Suarez: Yes, when a final order of the judge indicates that you must
appear, if you don't, there will be a contempt penalties, potentially.
Mr. Hardemon: OK, so am I clear, am I hearing correctly that the City
Attorney, along with the attorney for the panel, will file action with the
judge to bring.this thing to a head?
Mr. Plummer: But that's not case - that is not the matter before the court.
iIs it?
s�
Mr. Fernandez: Well, Mr. Mayor, the purpose of this Commission in setting'up,
and I believe that I have engaged you in a conversation yesterday or someone
from your group who called my office in this regard, the Independent Review 1
Panel is like the name, it speaks for itself, is independent of the City
administration and that was the purpose that they were given their own
attorney. So Mr. Long, it's principally up to the panel and to Mr. Long to
decide what course of action to follow. We are very willing to cooperate vith
the panel and Mr. Long in doing whatever is necessary to compel the appearance-.,
of these `individuals, but we, the City, cannot. force- them; as'employeesof
ours, to appear in front of this Independent Review Panel.
Mayor' Suarez: .Then, maybe I did misstate it a little` bit, the Independent In
Review Panel has, `I think, with the consensus of this Commission 'or the IN271
recommendation force ,those subpoena:. 'a
t , proceeded to take legal action to en
supports Isthey
as an agency'of the City preclselyt: The City obviously
But it Y g 6 -
. what we``d'irected
to do in eneral terms. But, specifically, the decide 'how the wgant
g y Y Y t4
proceed. Commissioner.
s {fY
Mr • Hawkins a Mr. City .Attorney.-
,...
k
Mr, Yernandez:" `Yes, sir.
Mr. Dawkins, In the event the courts does rule that the individuals do not
have to obey the subpoena and appear, then would the City Commission be in
order to convene itself as a board of inquiry and then they demand that 'these
individuals appear before the board of inquiry to answer whatever questions
that might be submitted to us to ask of them by our Independent Review $oard?
Mr. Fernandez: Yes, you may, constitute yourself as a board of inquiry anytime
you may deem necessary. That does not necessarily mean that the individuals
will appear in front of you. You cannot compel their appearance, especially
if a court of law in a similar proceeding has determined that they don't have
to appear.
Mayor Suaraz: But the Commissioner makes a good point. It is very possible
that the court will decide that that particular panel does not have the same
weight as an independent review panel...
Mr. Fernandez: That's correct.
Mayor Suarez: ... or as a board of inquiry that this Commission has as...
Mr. Fernandez: That's right.
Mayor Suarez: ... referred to by Commissioner Dawkins in our charter. In
which case we will, guarantee...
Mr. Hardemon: You will.
Mayor Suarez:_ ... you, move to enforce those subpoenas.
Mr. Fernandez: Correct.
Mr. Hardemon:
Well, then, I'd like... `
Mayor Suarez:
And require them to appear.
Mr. Plummer:
Let me ask a question., Am I misinformed? It was my
understanding
that the matter before the court is not to force these
—, individuals to
testify but a, determination as to >whether or not this
_ Commission had
the right to give that panel subpoena power.
Mr. Fernandez:
Yes...
Mr. Plummer:
Isn't that the matter before the court? x
— Mr. Fernandez:
As the result of the law suit, you're right and that is what's
in front of the court, whether this...
s Mr. Plummer:
Then that's the contention of the FOP.
Mr. Fernandez:
Exactly.
Mr. Plummer:
That this body did not have that right to give it to them. -
Mr.-Fernanders
Exactly.
a
Mr. Plummer:
OK,. no. 'I
Mayor Suarez:.
Yes, and that's why the court might find -that they don't have
the right but
we; do and so...
Mr. Hardemon:.-But
you do,eo you accepting again, you're ,accepting my letto'r rtj
as I request:to be on the agenda for the,13th
Mayor Suarez:
April 13th agenda, you may come back and let's get, a,statu$
4�
report . at., that, point where,,, _we are in :this litigation;• to,,compel, ovieioiAl `q -
— before the -review patrol. ;. i
Mr. IDajjkine _ ..
;beck .with her so she ,could , schaduie you ..epw, Mr.
!Mayor Suarez:
Arid .don't hesitate _also, as Commissioners lmpl.yinS
_
do have a separate
independent panel which io independent 'vt
.review ,md
F' yy
Atternay's implying, don't hesitate to request to appear before
independent review panel on this very question.
Mr. pardemon: OK. We have.
Mr. plummet: Setter get some weight on that thing.
Nr. Davkins: Be sure she's scheduled... Billy, Billy,
scheduled.
NOTE FOR THE RECORD:
ON MOTION DULY MADE
COMMISSIONER KENNEDY,
be sure she's
BY COMMISSIONER PLUMMER AND SECONDED BY
ITEM NUMBER NINE WAS DEFERRED UNANIMOUSLY..:_ r,
NOTE FOR THE RECORD: At this point, items PZ-1, PZ-6, PZ-7, PZ-80
PZ-9.PZ-10 and PZ-14 were withdrawn.
6. SECOND READING ORDINANCE: Amend Code Chapter 42 ("Police") - establish
definition of towing, procedure for suspension and revocation .of
license, and basic towing rate and allowable auxiliary services.
Mayor Suarez: OK, item one then, second reading.
Mr. Plummer: I have one pocket item whenever you're ready.
Mayor;: Suarez: Ordinance definition, towing procedure for_:suspension,,
revocation, license, basictowing rate, etcetera. This would,.,:be. the
amendment, Mr. City Attorney that we made?
Fernandez: Yes, correct, and this.is on second reading..
Mayor.Suarez: I'll entertain _a motion.on this item.
Mrs. Kennedy,: , So move,
Mayor Suarez: So moved, do we have a second? That's why you're here. Are
you being paid as a consultant by the City? Just an unpaid consultant, right?
Commissioner, do we have a second on this?
Mr. Plummer: Second.
Mayor Suarez: Oh. Thank you. -First item, second reading of the ordinance:'
we have a motion and a second. This is the amendment to the towing ordinance:
Read the ordinance. Call the roll.
® . AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 42,,OF THE CODE OF THE
.CITY OF MIAMI,'FLORIDA,. AS AMENDED, ENTITLED;"POLICE,,".,: .
'ESTABLISHING DEFINITION OF;, TOWING, PROCEDURE .FORV
SpSPENSION,AND.REVOCATION OF LICENSE, AND BASIC TOWING. ram;
RATE
AND ALLOWABLE:. AUXILIARY- SERVICES; AND "
PARTICULARLY AMENDING CITY,CODE SECTION$ 42-74, 42 78;' r
42-79 AND<42-00;:CONT4INING A:REPEALER PROVISION AND A,
SEVERABILITY CLAUSE.t
1 � d
:Passed oa,.its. first .reading by. title .at the ,meetinS.. ofhttFy �3�
1989; was ..taken up for its second and final reading;by title aad adoption. Qua
74
motioA, y, y 3
of Commissioner Keened seconded b Commt�sgioner
At+diAadce:Mas the moon , given ta, ae,c9nd and iaal:,read ag by title+' aad 60459
and. mdopted by the following votes
ram.
f 3 �
ATISs Comaisaioneir J. L. Plummer, Jr.
Commissioner Rosario Kennedy
+Commisaioner Miller Dawkins
'ice Mayor Victor D6 Yurre
Mayor Xavier L. Suarez
— Rossi None.
ASSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10564.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
7. DISCUSS AND TEMPORARILY TABLE REIMBURSEMENT TO CRUZ DEVELOPMENT &
ASSOCIATES, LTD. - for disposal of construction debris - regarding
operations on Block 24N, Southeast Overtown/Park West Community
Redevelopment Area (See labels 34 and 59).
Mayor Suarez: Item two. Resolution authorizing City Manager to reimburse
Cruz. Development; documented expenditures related to the removal and disposal
of construction debris and trash from related operations on block 24 and this
was previously appropriated monies, Herb?
Mr. Herb Bailey: No, it's not previously appropriated...
Mayor Suarez: Globally appropriated before for all of the...
Mr. Bailey: None of the above. What we have, Commissioner and Mayor is that
under -,the. agreement we signed with the .developer, we were responsible for
delivering a clean developable site. Unfortunately, at the time when we went
on the site and: started breaking ground to start. the. development ..after the,
financing was..completed,-.we found that that was properties on the. site ;.that
should not have been there. Soil that , was- full,,of debris , that:..was perhaps ; y
left by some other activity, maybe the demolition crew, or whatever. But, we r'
have had It-inspected.with the contractor. and with,: everyone else and we havers.
found that that soil has to be removed. We have estimated that "coat not to
exceed $150,000 and we're recommending that we remove that soil.
Mr. :Plummer: Do I recall something being said previously about they buried
the stuff?
Mr.` Bailey: Apparently, the debris that's on the site was there and smoothed
over. ;We don't know,. the contractor we think that might be.responsible;- we're,
still pursuing thatL through the Law Department and we have sent out some
notification to that contractor to respond to certain accusations... to
certain observations we ,have made, We may, or may not have.& case to do that.
We sort of feel that the demolition contractor just sort of left some things
on the siteand just smoothed. them over when , they, -left.; We'ro, not . certaia
yet, but we're still investigating that possibility.
r t,
Mr.:Dawkins: Mr. Bailey, who was responsible for certifying that the lot had
been cleared and ready to build on? Who - I mean, Mr Rodriguez or somebody<
over. there,. who .cart ified that. what we contracted to L be done- was,, done'.:, prfor
our paying a contractor for doing what I'm hearing was not done?
Mr.'- Rodriguez: Mr.''Bailey will answer that then. (Tape 2)
,
Mr.-'. Rails y All. 'right' L P14. you answer: =the. question : pr.: do .y9u, wsst_ m,--t yr „
answer it? Code Enforcement the first time and Sanitation Departmant the,, 3 jl
second time.
p{
.:. - lF
Mr. ,. Plummes: Who signed off to make the payments"to the contractor? r4{
Mr.�ailep: Cod4 En�arcewest. � .;:; ,
T
ry i sir 4
AIM 0,400.0
dry
Mr. Dawkina: And Code Enforcement reports to whom.?
Mr. Rodrigues: I'm sorry, air.
Mr. Dawkins: OK, Mr. Bailey said that Code Enforcement is the entity that
want out and eertified that the lot had been cleared and who ready to build oh
hnd therefore we should pay off. to that a correct statement?
Mr. Rodriguest If Mr. Bailey's mentioning that, yes, it's correct.
Mr. Diwkina: Now, who does Code Enforcement report tol
Mrr. Rodriguet: To the Building and Zoning Department.
Mr. Dawkins: So somebody in the Building and Zoning Department...
Mr. Rodriguez: Has to have cleared that.
Mr. Dawkins: Have them come here and explain to me how this was done at the —
next meeting, please.
Mr. Rodriguez: Sure, sir.
MayorSuarezi Herb, is the - you're just asking for a figure here that you
_ feel in on the outside, the most it could cost, but it won't cost that much, will it?
Mr. Bailey: We hope it doesn't cost that much, Mr. Mayor. We have been in
constant contact with the contractor. We think it will be somewhat less.
Mayor 'Suarez: Do you have n y idea what a realistic figure may be at this
point?
_ Mr. Bailey: Well, we hope maybe a hundred and twenty-five, a hundred and
thirty hopefully, ninety...
Mayor Suarez:' It's clearing debris and what else?
Mr.. Bailey: It's not the clearing,, it's the dumping fees and haul... the
hauling it away and it's the operation of just removing it so .that the
contractor can still fulfill his time schedule because we already...
Mayor Suarez: Did we already do this once and, if so, how much did we pay,to r
do it once?
Mr. Bailey: No, we didn't do this before. What we did before was fortoxic
waster,
Mayor Suarez: Oh, contamination.
® Mr. Bailey: Contamination. This is just'a site that is not suitable to start -
development on because you...
Mayor Suarez: It sounds like a lot of money to remove debris.
Mr. Plummer: How much was the original contract for, for the demolition?,
Mr. 'Bailey: For the demolition? I don't know, Commissioner, but I 'can get+
that information for .you.
Mr.` Plummer: What's the name of the company? And are` they`atiil is business? t
Mrr Dawkins. `And demolition- did"" not include removing the "stuff'Attiat you `fauAd
there, Mi..
'Bailey? k a
Mr;` Plummer: Well, they say-that''it.-`did but they didn't do it the�i buried lrFT1�`
Lt. 9Y "Xt
j
Mr, Dawkins But now ha's saying that it was only for the examina-16 a o }
toxic caste.`,
Mr. Bailey: No,""that's cleared up, tY
1� x
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e ' + ✓ .1. , t en�'Sf3�? �wy U ; i��u°i'"—�crra
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00,
Mr. Plummer: No, that's a different...
j
Mrs. Kennedys This is illegal dumping.
Ms. Juanita Shearer: Yes. Thera were two contractors involved in the
activities associated with - that we believe may have been associated with
this material. Cuyahoga wrecking demolished a building in the center of the
site and based on the checking that we have done, we have not gotten a clear
answer and building and zoning is still working on an answer to find out
whether Cuyahoga Wrecking did indeed remove all of the debris or not. They -
went through chapter 11, we believe they are back in business. We brought
_
through Solid Waste an additional contractor onto the site to remove illegally t
dumped material that had been placed all over the site after we had demolished
the buildings but prior to fencing. We believe, but we are not sure, because
nobody saw this contractor do this, that that contractor which is H. and B.
Lawn Service, that has done work for the City in the past and we have never
had this problem... •• -
Mr. Plummer: Lawn service?
Ms. Shearer: ... before according to Solid Waste. We believe that that
contractor may have removed, or did remove most of the stuff on the surface
but plowed the rest of the material into the ground into the top two feet over
the entire site. What this means is that instead of - we have incorporated a
great deal.. of debris and rags and trash and some construction material into
_
the first two feet of the site and that material has to be moved, that's why
it's 8,900 yards approximately if material. So we are still pursuing these
two people.
Mr. Plummer: Who is H. & B. Lawn Service that does the demolition? Who is H.
—
& B.?,, This sounds ridiculous, I mean, you know, it's one thing to mow a means
yard but it's another thing to mow his yard for $150,000.
Ms. Shearer: Well, Commissioner Plummer, I really can't answer that. I can -
advise you that -based on my conversations with the Solid Waste Department,
this firm has performed more than adequately in the past. Other than that, I -
really -don't know.
Mr. Plummer: Was that a bidded process?
Ms. Shearer: I would imagine so, sir, but I'm not sure.
—
Mrs. Kennedy: Do you want to table this until we get the information? I
would have no problem...
Mr. Plummer: - Well, I'd definitely table it until we get more information.
But I'm going to also tell you, I'll not vote for this, to pay this, without
the immediate action of filing a lawsuit against the ,person who did that
action.
Mr. Bailey: If we can find a basis, Commissioner, we will certainly do that.
Mr. Plummer: Well, I would assume Cuyahoga Wrecking in their agreement for
demolition that that was written into their agreement.
Mr. Bailey: We'll have to go and check the dumping billings and fees that
they paid to see if we can determine, based on.what they: have dumped, that the }'
-
Dade County sites, land fill sites, and that what we see is invoices submitted ``
are 'paid for dumping does not ,agree with yhat,.we think that,,should have; been
dumped from our site, we might have a case for the Law Department.
af-
z
ther
Mr. Plummer: I'd also like :to know who H.. & B., Lawn Service is and wheJl
_
that went out to a bidded procedure.
Mr: Bailey: .We will -got you -that information.
Mr, Plummer: Thank you. You moving to defer? �
it a
f
—
Mrs. Kennedy:,, Yes..
Mr. Plummer: x second.—
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Mayor Suarets !loved and seconded. Until when now?
Mrs Plummort Until the answers are forthcoming.
Mrs. Kennedy: Until they have an answer.
-
Mayor Suarez: but that could be a tabling then. it
could be later oft today.
Mr, Plummer: It could be today or it could be two weeks or two years,
Mrs. Kennedy: If they have the answer today, that's
all right, sure.
Mayor Suarez: Because this would presumably hold up
the construction, I mean.
Mr. Bailey: That does present us a problem.
Mrs. Kennedy: Why don't you get the +information by
this afternoon before the
meeting is adjourned?
Mr. Rodriguez: That's right...
Mayor Suarez: Let's try to table it, let's try to
table it. Is that all
right, Commission?
—
Mr.,Rodriguez: ... we'll try to get the information
if we can this afternoon.
Mrs. Kennedy: We'll just table it then.
Mr. Rodriguez: Table it.
Mr. Bailey: OK, we'll table it.
—
Mr. Plummer: This is afternoon.
Mrs.. Kennedy: That's right, I'm not used to this.
"ayor.Suarez:. A little.later in the afternoon, please,
otherwise we•don'tt,get
started on-,our430 units.
Mr. Plummer: We'll find out how important it is to
them.
Mayor, Suarez: You.
sass.
8. ZONING BOARD APPOINTMENT: Appointed was George
L. Sands.
Mayor Suarez: Resolution at item 3, appointing
individuals to serve as
members of ;Zoning Board of City of Miami.
Mr. Dawkins: I move.to reappoint George Sands.
f_
Mrs. Kennedy: Second,
Mayor,.Suarez:.. So moved and seconded.., -Any discussion? Call the roll.-.
following resolution was introduced by
Commissioner Dawkins
moved its adoption:
rA
RESOLUTION NO. 89-277
fit
A RESOLUTION APPOINTING AN'INDIVIDUAL
TO. SERVE AS`4,
—
MEM$ER QN OM G ;-BQARI?' : OF ,. TH .;CITY
. OF r lIAMI,' .
v
PLORIDA,'TO SERVE A TERM ENDING DECEMBER 31,.1991
(Here follows body of resolution, omitted
here and on; ,
_
file . is the OsFf icy: of he City Clerk,)
�rx
1t
'G
Upon being saconded by Cowlssioaer Kennedy, the resolution wis V6846d
And Adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Coftiseionet Miller Dawkins
Vice Mayor Victor be TWA
Mayor Xavier L. Suarez
NOBS: None.
ABSENT; Bone.
4. PLANNING ADVISORY BOARD APPOINTMENT: Appointed was Doreen Clara
LoCicero.
Mayor Suarez: We have the Planning Advisory Board, a former appointment of a
Commissioner that used to work here, now, belongs to the Vice Mayor.
Mr. Sergio Rodriguez: Commissioner... Vice Mayor De Yurre.
Mayor Suarez: Planning and Advisory board. Do you want to continue it? Does
it have to be republished?
Mr. Rodriguez: I believe so.
Mayor Suarers We got a yes and a no. Maybe we'll get an in between. OK.
Mr. JorgeFernandez; It's... -
Mayor Suarez: Well, do you have enough - I know it's properly advertised, but
do you.have..enough.applications that the Commissioner will be satisfied?
Mr. Rodriguers No, if the Commissioner wants to - the Vice Mayor wants.
Another applicant, we have to republish.
Mayor Suarez: That's why I was asking.
Mr. Rodriguez: That's what I'm saying that I believe so.
Mayor Suarez: Do you need that republished?
+� Mr. 'De Yurre: ... I'm appointing Doreen LoCicero.
' Mayor Suarez: Oh, you are. OK, we're ready for a nomination on a motion to
nominate Doreen LoCicaro. Do we have a second? -
Mrs. Kennedy: Second.
Mayor Suarez: Second. Call the roll.
Mr. Plummer: That's to what now? a;•r
Mr. Fernandez: To the Planning Advisory Board.;
Mr. Plummer: Oh, OK.
Mayor.Suarez: He',didr..have, he did have a one that was...
Mr. _ Plummer; And that's Commissioner De Yurre' e?
Mayor Suarez: And it was published and so on. Call the roil. ray
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is t � ' � � s� �� �-' ,�z �• � —=
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The
following resolution was introduced by Commissioner De Yurre, who jobved ` ti adoptions
RESOLUTION NO. 89-278
A RESOLUTION APPOINTING AN INDIVIDUAL
N ADVISORY BOARD
RD OF THE SERVETO TYS bF
MEMBER ON THE PLANNING AD
MIAMI, FLORIDA, TO SERVE A TERM ENDING DECEM$ER 31,
1991.
(Here follows body of resolution) omitted here and on —
file in the Office of the City Clark.)
Upon being, seconded by
solution was passed
Commissioner Kennedy, the re
ng vote:
and adopted by the followi„
c;
Commissioner J. L. Plummer., Jr.:
Commissioner Rosario Kennedy 4
Commissioner Miller Dawkins G
Vice Mayor Victor De Yurre i
— Mayor Xavier L. Suarez 1>
NOES: None.
ABSENT: None.
ipMp. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED APPOINTMENT OF RICHARD
A BUNNELL. - to the review committee for unified development of the 2640
S B"ayshore Dr'. ' property (See `label` 13).
-- - B: Comments concerning Comm issioner's,concern in connection with bidding
CityAdministration's "gag rule"'' concerning
"procedures (regarding k°
Merrill Stevens).
Mayor Suarez: Item 5, BPPointing...
r
ointment was that?
Mr.'Plummer: Who's aPP Y:
Mrs. Kennedy:'. De Yurre.
about in reference to item 5. a;
Mr.'' Plummer No, I'm ' talking g.
ssssss Mayor Suarez: Item 5'; item 5 is what Commissioner Pluanner's ''asking about. f3.
Richard Bunnell. Who's recommending him?
i nted Richar
Mr.'Plummer: Who app
oid Bunnell? Item 9's been `deferred. Five.'
Mayor Suarez: Item 5.
_ Mr.' Herb' Bailey: This `is a replacement for some
who resigned. ;
: We understand, but' who
was the Commissioner that `appoi�atad` the i E
Mr. ` Plummer '
first ones "
Y 1 Y J°7
M Bailey: " Oh; 'this was a recommendation to the` Mana .. Appoiatedtbe
T
.,
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>e
f irst ,.,
a
• S53 s"J"
Mayor Suarers" This was staff, it was a staff.
tq; have `pomeams i�Lk
Mr." Eaii�ys This is a staff recoroiaendation because Awe had
right away...
Cor+upjssioA nd fOut
_ y� o Suarez: Yes ae had nine, I think five by the x
` ay F .. _ y 4 i sr f, is ,''� Z,m,v.�ia�i� n.i! _
r
otho�rs� right? No? ,
resolution With �►e�
Mt.'l don`. have the priginal h r p
r ' urinating this Richard $unhsl?
M Plum. po r; WAIT„ whQ a n4. x 15�
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32' f
Mayor Suarez: staff recommended or members. Do we have some members of
Mr. Baileys Yes, ire do.
Mayor Suarez: Who are they, Herb?
Mr. Baileys Adrienne Macbeth, Juanita Shearer - no, I'm sorry. That's the
wrong committee.
Mayor Suarez: Wrong committee. Here we go. Edith Fuentes?
Mr. Baileys Edith Fuentes. I'm the chairman of the committee, Adrienne
Macbeth.
Mayor Suarez: And Sawyer's resigning and...
Mr. Baileys We have Elbert Water ... Elbert Water? Ruder - right, why don't
you tell him? I don't know them all, I can't remember...
Ms. Maria Perez: All right, it's Edith Fuentes, Albert Ruder, Guillermo
Olmedillo and...
Mayor Suarez: This gentleman, who is resigning, right? It has to be.
Ms. Perers' No, that's a member of the public. I'm talking about City staff.
Mayor Suarez: So he was appointed by one of the Commissioners then. No?
Ms. -:Perez: 'Yes, he was.
Mayor -Suarez: That's what Commissioner Plummer's been asking. Who appointed
him?
Ms. Perez: If I recall, I think it was Commissioner Plummer.
Mayor Suarez: Commissioner Plummer himself.
Mr Plummer: All right, I would ask this be deferred until- ate 'least this
afternoon and let me get another name:
Mayor Suarez: I knew he was trying to confuse us, now we know how.
Mr. Plummer: Yes. Mr. Mayor, let me bring up a point. Mr. City Attorney, i,
am troubled and I brought this matterup once before. I am troubied'that
supposedly in relation to the Merrill -Stevens bid procedure, the Manager
engaged in a gag rule. And in that gag rule, he supposedly forbid anybody to
talk to staff, administration and the City Commission. If they did# they
would bw thrown'`out. Their bid would be subject to be thrown out. I want to
tell you for one that the City Manager, in my estimation, has every, right to L
gag his staff Includinghimself. But I'm asking '
g you if it is legal that
City Manager can gag my choice of who I want to talk to and. who I don't want
to talk to, Now, I want to tell you, I'm _dry'
y , going to reserve ,that right to talk�ry
to Who I choose. I don't think the City Manager has the right told
any me that
privilege. I'm asking, from a legal standpoint,. -first of Mr..Bellpy,
it in.that bidding procedure that the City Manager said that inyone,talk#fttg tQ •.
the City Commission ,or involvement in that, talking to the City C6*issiott was 3
subject to removal of their bids? ;
Mr. Bailey: Commissioner, I just scat for the letter with the.eaaCt laggu�er
in it and if you just give me a couple of minutes, I want to be exact:ia` tsrlps_Rk.�.
of what that letter says.
Mrs. Kennedy: Yes, he Mat... there he is. James, you're being called to this
podium.
Mayor Suarez: You'd offered to clear that lot for us for $15,000 too? I saw
that you reacted to the hundred and fifty.
Mr. Plummer: Mr. Mayor, since it was asked by me at the last meeting, may I
once again inquire of the Planning Department or whatever, I asked that they
report back to us today in reference to what I call the street strips rather
- than the bumps.. I haven't heard anything on it.
Mr. Rodriguez: You asked us to look into that but not specifically today
though.
Mr. Plummer: Well, but...
Mr. Rodriguez: I•know, but I mean... —
Mr. Plummer: When are you going to do it, after Christmas when this matters
all resolved?
Mr. Rodriguez: The issue was in relation to the closing of the other streets
— on remember?
Mr. Plummer: In lieu of...
Mr. Rodriguez: Right.
Mr. Plummer: ... closing of any streets, I -said, if the street strips were 1
acceptable to the Fire Department or if they would work in slowing down
_ traffic.• My God, look, at this particular point, this Commission is saddled
with half the people for it and half the people against it. .I mean "I., it's just
t
about that clear cut, half and half. Now, -I proposed, :it''as', a= possible ,
alternative to .not having to close streets that possibly - just maybe we`
could satisfy everybody.
Mr. Rodriguez: Right. And if I...
Mr. Plummer: And I don't know why you're waiting, it doesn't take that long �1-
- to drive down, I told you where it was, on Red Road and Old, Cutler Drive;,
® they've -got three sets of the strips right there that, you know,, 'this man!.s
going to speak to the closing and the barricades and he's for or he's against:'
If this is not a good plan, let's say so and .then we're back -in the.satme boat:.
But if We a plan that has some merit, that would work, then for God's:sakesi-
let's pursue.it. Not at. Christmas, but now.
Mr. Rodriguez: The Public Works Department is looking to. that but If.'I .want �Yti
to;remind you that you were asking us, In relationto the study. of the:; Kumquat _{-
and.Loquat closing last time and .when you asked us_':to come back,with•-that and
I ' agree with what. you're saying now is -that we look -at .every•, -possibility .f.4
immediately
we will 'do that and at the next Commission meeting,. we'll
bring'up' our report on.that.< �
Mr. Plummerr Mr. Rodriguez:
Mr. —Rodriguez: Yes, ,sir. ay
.
a r
Mr. �Plm meet • " That was three weeks ago. Ij
Nr. Rodriguez: Put it was is-relation:,to, another study,4v$fo
'+Ut!
Mr. Plummer: It was not, it was to the entire City. I would love to *66 thorn
On Tileftall. Nobody's talking about Tigertail except Jack Luft who is
saddled with over 6,000 cars a day.
Mr i It6driguolk Valle. -
Mr. Jim KAY, Commissioner, we weren't prepared to come with an answer to that
issue but we'll be Slid to...
Mr. Plunnert Did you not agree that it was a potential...
Mr. Kayl Oh, I agree.
Mr. Plumert resolve of the problem?
Mr, Kay: I agree that it Is a potential.
Mr. Plummer: OK. The wheels of City Hall are slower than slow. one more
computer and we'll have to close the doors around here. My father used to say
the computers are great until they get nervous and, boy, I want to tell you,
this computers around here are nervous as hell.
Mr. James Hayden Johnson: My name is James Hayden Johnson. I reside at 3025
Blaine Street in Coconut Grove. I'm a contractor in the City of Miami and the
State of Florida.
Mayor Suarez: And you're going to remove the debris from the...
Mr. Johnson: Not yet.
Mayor Suarez: Cruz Development lot for $15,000 or less, right, from your
reaction?
Mr. Johnson: Well, the railroad is giving me a piece of property and that's
the same problem there. And a lot of this is with the contaminated... so that
takes a lot of...
Mayor Suarez: Apparently, it's not related to contamination, just debris but
go ahead, I'm sorry, I shouldn't interrupt you. "e
Mr. Johnson: OK, if you look in front of you, I gave you a little readout
which has about 40 or 50 names. The only area that I'm concerned with, if you
can look on this map is Trapp and Lincoln Avenues., About"I ivie 4nd ii" halt
years ago,
Mr. Plummer: Talk to the microphone.
Mayor Suarez: Or take the one that you Oan take with you.
Mr. Johnson: The map on the last page, if you can see the date I& September
1985*. That's when this all originally started. The only ones that X wtnitd-
talk to you about are the two which concern most at that, time, you were
talking about preserving
ins us as a . residential community. - OK,-.-Ilm:justj:'-- this
letter''is from All the residents there and I've given them to all yourr-offices
before which is thanking you for what you've done so far. Now, I see
everything going up all over the Grove. Originally, Mr. Plummer, you said,,
UWho- would'pay for them", and I'agreed to take cart of mine. ::'The reason
that I'm a' contractor and If you ,want *to put them out for bids, I'll bid On
them and I'll do my part at cost. The thing is it's like,., right now you ve
given u*:"sdmething in our neighborhood, we don t want to cut loose 'witb-."
not only `live': -there, but I also own eleven pieces of property. there-,vhic
surround my house. There are three vacant lots there which I 'Plan tobuild
on. The to 'do it `Is whenever
ionlway Ws conceivable9-doh'it- atve-:;y % 4
,created when you put lights an the like at
traffic that was and7
rezoned'-. con 27th and whenever all the 27th Avenue corridor was
`there's a I ot'- of -little 'things that started happen I:ne.: The!"4ii"'t"', -1"
Ins 0 1,51 right no* '.are" taking' care of 'everything. :1 just '-��wanted 7lo` 'k
Mows`' N V one OU
Lbly�got' to got these -permanent Lincoln,
Originally V ey" ,n6ti,co the -;I Ittli "'mi I moved that I' 'h put
traffic
411''; that_.:4i4id
was A ver; - A of
place` and 2,
cu AT. Axs�po Maki""' :the 'sh it At he *to:, us- 6
y muc #VA been'
think,�Kof `4VIs prett h covered, everything th
V,#
IV `-.
z—
area and it's actually put us back on a residential status instead of a
',-
commercial status. Now, as a contractor, I bid on the Terremark project, or
the General Developmsnt project, to do the precast. I do a lot of precast bf
I do
this type, I did in the Coral Gables, the Colonnade, I do drawbridges, a
— lot of big work. On just the fact of the construction alone in that area's
— caused a problem but we're able to live with that. The thing is now that we
have to try to curb is what's going to happen when the new commercial
- are a day coming through there that
buildings are open and we have 3,000 more c y g g
,
our area then is completely a shortcut for all of them to avoid all of the
lights. I just want to make sure that we - for me now, it's conceivable to
P
- start building on the three lots that I have because now I can get the rents
that are required in Coconut Grove and I can get the investment return on it.
{
#`
— For the last three years it has not been because of the traffic. Our streets
are quite small and I've seen you by my house quite a few times. They're not
geared for even shortcuts when it's multitudes of people coming through with.
cars. I will work with you in any way to take care of either doing it or
,
helping pay for it to keep the ones on Lincoln and Trapp where they are and
_ making that... they really can't bit; I think, a lot of people have been
talking about it and one of the attorneys that live in my area were talking
about building ones that you could actually - a police car could go around.
That might work good on other areas in the Grove but because of the 27th
Avenue commercial corridor, it's not going to work there because there is so -
much people that are trying to avoid the lights and trying to avoid everything
that's happening at the end, especially on weekends and now with the
commercial building, we got them coming in two directions.
Mayor Suarez: Jim, let's ask staff because we have Senator Pepper here and
we'd like to be able to recognize him. Where are we on this, Jim?
Mr. Kay: Sixty days have elapsed of the 90 day trial period. We mailed
letters out on March llth soliciting everyone's approval or disapproval of the
barricades along there, so we're now getting postcards - we included a postage
paid postcard in the letter and we're now getting those, they're coming in. _
Mr. Plummer: Send those cards and letters.
Mayor Suarez: When will we expected to make a final decision then?
Mr. Kay: Well, we wanted to give the postcards about a month, that's bised'on'
past mailouts and returns. So we'll probably bring this up first meeting in
May.
Mayor Suarez: Is there anything that we should be doing now that- we're not
doing, James?
Mr. Johnson: I'm doing everything that you should be doing that you can't do
because of the bids. They're tearing them down, they run over them but I've
put them all in permanently and I'm taking care of that because that's what I
said. The thing here is, ifitcomes up a point that Mr. Plummer about of
whose going to pay for it, let's talk about it because right now it's - I'm
getting ready to remodel my area because I'm confiscating some of the land on
the other properties that abut mine that I own. And right now, in the Grove
total, I have about 15 pieces of property. I have an apartment building and I
plan on staying here and staying where I'm at and I don't want to have to
relocate my residence and make that strictly commercial there.
Mayor Suarez: We agree with that. But I guess we don't need to make.a'
determination today is what you're telling us, Jim?
Mr. Plummer: Well, we basically can't because we made a 90-day test periods_
and it's only 60 days gone. k:
Mayor Suarez: I have a feeling that we're going to see you again then, Mr
Johnson, at -,,,the... -
Mr. Johnson: Well, I've gone to everybody there and asked them what they want
to do and when I move the barricades on Lincoln over, that was the general Y.
consensusofeverybody in the apartment building and the people who' had
commercial property that they've already started there on Lincoln at the'i
corner. ''There'e a travel` agency and some' 'other ones. So, this was just. ;a f
whole thing of talk on everybody, trying to get it and I oppreaiate `you#
listening to me.
I i . i1owj�1'�
�crk,
a
w
it
liaybr Suireat i want
of the Commission► too
I = one of the things
f'il'be driving by.
Mr. .Iohnson=
Mayor Suarezt
to make sure that my staff is alerted. I guess the rest
to being heady to give us a recommendation on this and
I like to do is go over there and look at it myself so
You can come by and Visit me.
Yes, sir.
.re.r -'_�-rr.rrrrrMr�r�.rrr__rr__rrirrrrr_r_�r��rr.rrr_rrrl_wwrr-�r_ii��
13. A. RENAME BAYFRONT PARK: "MILDRED AND CLAUDE PEPPER SAYFRONT PARK".
a. WAIVE RSQUIREMENTS OF SEALED BIDS TO COMPLETE PEPPER FOUNTAIN:
Mayor Suarez: We have a distinguished visitor today. I don't know that it's
the -only time that we've ever had you here.
Mr. Plummer: Oh, no.
Mayor Suarez: And it isn't certainly...
Mrs. Kennedy: And it won't be the last.
Mayor Suarez: ... and it probably won't be the last because he comes and
helps us with many of our programs and he is one of those 435 people who
manage a 1.17 trillion dollar budget, I think the last time I looked. We call
him Senator Pepper and I want to tell everybody that doesn't 'know this that
besides the reason being that he was a• Senator and maybe is a Senator in the
hearts - of many people in -this community, I've seen him personally walk in the
halls' of the Senateandtake the elevator that is reserved for the Senators
and I think everyone there found that quite acceptable and it was escorted to
_ a"'committee hearing in the Senate Banking Committee by Senator, Pepper, and
distinguished public servant, we welcome you `to the'`City of Miami. We're in"
the'>process of deciding how many things in the City we're going to name after
you and I see Mr. Zayden getting ready to propose a street but I think the
principle proposal before us is a park and I believe Commissioner`Kennedy`is
going to 'want to address that so if that'll be OK with you, Senator ,'I''d like 'S
to pass thi, gavel°on to Commissioner Kennedy. 7
Mrs'. Kennedy:' Senator,' before you address this podiusa,'"'let'me `just say that
for'more than 60'years,'you have been serving this community with integrity,
energy,=compassion and 'purpose. While Senator Pepper belongs to everyone, we
think that you have a very special place in your heart in the City of'Mikm
so`''•I':think that `it is fitting that we co -name the park, the Bayfront Park, the
Mildred and''Claude Pepper Bayfront Parkin remembrance of your dedication to
the people of this community, particularly the children and -the 'elderly, and;
Mr.` Mayor, so I move. :[
Kr: Plummer: Second.
Mayor Suarez: So moved and seconded.
ss� Kr Plummer: May I'correct one statement that Commissioner Kennedy - made?
Senator'Pepper has not :served: the people' for 60-years, he started the sage
yea_i'I was born,`1936, it's 52 years,'I-am not 60 years of age
Mayor'Suarezi He's certainly going on 60 and so are you.
Mr. Plummer: Thanks.
Mrs. Kennedy: "Some, how you look much older than `that. _t
sa sr �t
Mr. Plumaers Ho, 'ho. .a
1i t z
Mrs: Kennedy: No. We're just joking, we're' just ,jckin
Mk; Plunger: There Trent the soisth end of the dark.
L
' � F. . i 4 } S j(,y i3. �.�, i�4]�• �x f kt i }
ry1 j a.
�yt 1
Mr. Dawkins: Senator, I'm happy to say that March the loth, next year, 1 will
otficiaily be able to qualify as one of your followers, as a 65 year old* So
I'm not like Plummer, I was born in 125 so I've been here a while and I've
enjoyed watching you serve the people, not only of Florida, but of the United
States of America. You've done it graciously, unselfishly and I don't cars
how many things they name for you, when Pepper is gone we will continue to
know you by them. And I'd like to thank you for all of us for everything
you've done for us.
(APPLAUSE)
Mr. Plummer: Mr. Mayor, if I may, just one short word. I'm very tickled or
very pleased to hear that it's not going to be just Senator Pepper, but his
beloved wife, Mildred, who I had the privilege of knowing for many, many years
before her untimely passing. Like the Senator, she was more involved directly
In the community. How many times that we went and planted palms that she was
so dearly beloved with those and landscaping and making this a beautiful
community, so I'm sure that the Ccfsmission joins with me in saying that
Senator Pepper is well known for the things that he did but I'm so pleased to
hear that his beloved wife, Mildred, was involved and is going to be honored
by the same designation of the same park. I think it is most appropriate that
they should do both and that's what we're doing today.
Mayor Suarez: I want to tell the Senator too that all of these nice things
are being said despite the aid and presence here of Jim Brennan, we want you
to know that.
Mrs. Kennedy: He also...
Mayor Suarez: And all of the distinguished members of your delegation, former
parks director, Carl Kern and Maria and Alfredo and all of you, I believe you
_ head one of the committees that the Senator sits on, if I'm not incorrect and
that we're .happy to have you. Would you like to make a statement, Senator?
Mrs. Kennedy: Senator, you have to make, after the vote also, the other
_ statement which. .is item number 18 on this agenda. Might as well do
everything.
Congressman Claude Pepper: Honorable Mayor and honorable members of the
Commission, this is one of the proudest days of my life. I can see a smile
coming through the clouds from Mildred also expressing her happiness at the
decision you've made. Mildred was for many years a member of the
Beautification Committee,; chaired by. Al Pallot. You remember when we lost so
many of our palms? It was Mildred who suggested, they plant a palm, Mildred
Pepper plant a palm day. And she initiated the planting of thousands of new
palms in the area to replenish the supply of our palms that had been
diminished by some disease. She loved beauty as she was beautiful herself and
she loved beauty. She was very proud of this great community and tried, she
was for 15 years chairman of the Bob Hope dinner, in the early days when he
was getting his. feet, on the ground and getting started. The other night we
had a dinner when they had 900 people there and raised over a million dollars.
She was one of the people that set her shoulder to the wheel and got it
started back in the early days to mean so much for the people who are the
victims of Parkinson's Disease. I have done what I could in Washington to be
helpful to the building of this park. I'm so proud that you made it the
Mildred and Claude Pepper Park, that's the way we've had everything while she
was here. For example, in Florida State University, there's a Mildred and
Claude Pepper Library and there's also a Chair in Gerontology, the Mildred and
Claude Pepper chair, in gerontology. Out here in the black community there',s
a Mildred and Claude Pepper Towers and wherever we were identified with t
something, that was the way we always had it, as the Mildred and Claude Pepper L
affair. And so I just can't tell you all how grateful I am that you will -all
through the years to come, that our names will be emblazoned on this beautiful'
T
edificethat ` you created that will heighten the `beauty of the beautiful 1'
appreciation of thousands and thousands of tourists who will cAme:bore ou«c r
own:,citizens. It'a going to be one of the great,.,, things ever.:done . or OP `
community. You're going to keep it safe for people to enjoy it with the#,r„
children,- is day or night% time,,. that beautiful beam that 11 be spreading *to
light all around the beautiful amphitheater that was there and , br, the way,:
Mr. Mayor and meaabers of the. Cotomifaign, and especially Mrs. >Kennedy I wamt .o
thank you for the honor you did me last birthday of mire, allow fare to ,usee.r3
park to have a birthday public celebration, My birthday►$, they 'va`always beef F
— 4
Na]q.a�
b
c
P� - .
eelebrated in Washington and we just have Washington people, a few Floridians
y
'—
who would be there. I'd always wanted to have one, invite the public,
}_
everybody come and so you all were there, so many of you and 1 was allowed to
°
use. the parks we had several thousand people present at our birthday, we tell
everybody come. We had refreshments and drinks and music and singing and all
and we had flags flying and we had several orchestrgs and several choruses and
_
we had proudly, layside was generous enough to put on one of their fireworks
-_
displays at the and. And so we wound up with balloons in the sky and these
choruses singing and the bands playing and the fireworks exploding in the
{
heavens, a really exciting time and that's the kind of birthday I'd wanted to
have and everybody was welcome to come and you made it possible for me to have
that so the Honorable Mayor, members of the Commission, all the days of my
life, no matter whatever honor or pleasure I may have, nothing will ever
exceed in meaning something to my heart more than the action that you've taken
here today and with all my heart I want to thank you. Thank you very much.
(APPLAUSE)
— Congressman Pepper: The Honorable Mayor and the Commission, I don't need to
remind you that I'm 88 years old, 88 and a half years old so I hope to see
this park completed as soon as you can.
(APPLAUSE)
Mrs. Kennedy: Senator, before you leave, please Senator, don't leave yet
because this Commission had made a promise to complete this fountain for your
89th birthday, by September. However, we have a letter from Don Cather as
Director of Public Works, that it is his opinion that under normal procuring
requirements by the City Code, this work cannot be accomplished by this date
-
so I'm asking this Commission to waive the procuring requirements so we can go
Ahead and expedite the work and I so move.
Mayor Suarez: Before you make the motion, let us vote on the prior motion on
-
= the naming, please.
Mrs. Kennedy: Oh, we didn't vote on... sure.
The following resolution was introduced by Commissioner Kennedy, who
— moved its adoption:
RESOLUTION NO. 89-279
v_
A RESOLUTION RENAMING CITY -OWNED BAYFRONT PARK LOCATED
AT 301 NORTH BISCAYNE BOULEVARD, MIAMI, FLORIDA, TO
"MILDRED AND CLAUDE PEPPER BAYFRONT PARK."
(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
x�
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario. Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
x
- NOES: None.
- ABSENT:: None,.
• k:
a
Mrs. Kennedys OK, we have,a motion...
Mayor Suarers We have a motion on the waiver. Do we need anything legally to
be added? We have a second, do we need anything legally to be added...Mro;"
. Plutnmers :Well, Mr. Mayor, I...
T
Mayor.Suares: 'Commissioner Plummer.
F ��
K
24,
Y
_
lit. Plums" am V&ty much in favor of expediting, it possible, but
mould 'r6sot*6 the tight of this Commission to know what the bids at*, You
t
know, it they come in double, 1 don't think even Senator Pepper would want Us
j6pay double what we would have bid through a normal procedure. I'm assuming
that they have a projected cost, am I correct?
Mr. V611y Laos Yes, Commissioner, the appropriation 16 2-75 million -
Mr. Plummer: Two point seven in.. but is that the projected cost of the
projtet to complete?
Wr. Lees Certainly we will not attempt to build it If we cannot complete it
within that amount.
Mr. Plummer: You didn't understand what I said. What is the cost of the
projected bid?
Mr. Lee 1 We're working on various fifures, Commissioner. John, doyou...
Mr. Plummort Well, you're not telling me a damn thing.
Mayor Suarez: Does the bid include everything that we expect to build with
that 2.7 million, in what he's asking?
Mr. Plummets No, no that's the total project.
Mayor Suarez: Right.
Mr. Plummer: I'm asking for this particular individual bid...
Mayor:Suarez: Exactly.
Mr. Plum mer: what is the projected cost if you went through':normal
bidding procedures you always give us a projected cost. Now what Is that?
Mr. John Blaisdell: The projected cost for the total project is 2.5 million
'dollars.
Mr. plumer: No, air. Is the total 'project more than this bid orris that the
total project'?
V;
Miyor. Suarez: Yes, 'what we're waiving...
: .
-Mr. Blaisdell: You're not waiving a specific bid, Commissioner.You're.
waiving the procurement process. We have hot...
mi. Plummer: Look, you're
going out to bid with a set of specs.:
Mr. Ur . gio'Rodriguez-. No.
This is what is...
Mr. Plummer: OK, you have
a job specification of what the work is to be done.
that is this projected cost
associated with that?
Mr. Dawkins: Let's try it
another way, Commissioner Plummer.
Mr. Plummer: No, wait, wait a minute. I still think I speak English-vory.,
clearly.,
Mr. Blaisdell: Two point
six in illion dollars.
Mr. Dawkinat What then...
He Plusim6ki'" 'That is''the
work that is being asked to 60 doxii nq*..
Mr., Blaisdell: "Yeso
may6t14irdits That's pretty good because- that's the ,,,average : of. --, the , fot A
18 u to a Y ou gave rus.''
OP, rl A
Mr, Blaisdell; Two., point six million dollars to the , p1roJ'qqt0d*: -QOV
fi•;
Mayor Guareat You gave us two point seven, two point five and now two point
t ift.- Not bad.
Mrs. Kennedyt Veit; learning.
Mr. Pluromert Xxcuse me, Mr. Dawkins...
hr. Dawkinst Go ahead, Mri commissioner.
Mr. Plummert The fountain is already there. `
Mrs. Kennedys Noy
Mr. Blaisdelit No, Commissioner, what you have right - no...
Mr. Plummert The base is there.
Mr. Blaisdell: ... excuse me, respectfully, what's there right now In you
have a coffer dam and a hole in the ground with a lot of water in it. The
fountain is a combination of different water effects, including pop jets,
eurgea,,waves shooting in the air 75 feet, lights, granite around, it's an
extraordinary piece of architecture. It's a sculptured piece of architecture.
Mrs. Kennedy: State of the art fountain.
Mr. Plummer: Has anybody seen a projected design? I have not. I don't
know►..`., have you?
Mr. Blaisdell: We have some...
Mrs. Kennedy: No, because it's in Atlanta, it's not in Miami.
Mr. 'Blaisdell: We have some boards here that we would be -glad to take two
minutes and give you an overview of the design so that you have a better
understanding as to the overall project
.Mr. Plummer: I think it's appropriate that you do such.
Mr, :Dawkins:- While you're doing- that, Vd like to ask a -question- that Ilm '?
hearing -and I'm not` getting 'an answer to. The : amount, of work- that you are r
asking us to waive -the bid:.on, -what is° the• total amount of _nnoaiew projected:to
be -spent on•that part/of the bidT1.
Mr. Blaisdell: Commissioner, the resolution in front of you today is` not
asking you to waive a bids 'it's` asking you to waive the otal"procurement
_ process from -A' to Z sothat the administration -Von behalf of the- Commission;: t
may, -.proceed expeditiously to acquire all the 'services 'necessary','*includIU
purchase of long lead materials, mechanical equipment, granite, raw materials,
engage with labor contracts to move forward with the total construction of the
project:
Mayor Suarez: And how much do we expect that to cost? ='
Mr. Blaisdell: Two point six million dollars.
Mr. Dawkins: What happens to the amount of work that we have.already,done?
Why isn't that eliminated, why, are we..:
Mr. Plummer: I -can't ive them: a free- hand.' I can't:' do , :iti I ;taean if
g -s t
comes back k million dollars.:
Mr. Dawkins: You see, you throw the a curve when I know you 'got;- amount of t
she:: park<#completOd, `DK, over here, °' I know we!ve 'got ,this amount of tbo park ' kq
_ to complete, Now, if you've got some cost over here that you didn't pay, titers
tell dte, "Miller Dawkins, ='we' got"'cost'-over here we didn't .pay th .`vs
n
sneak' is overT. here on this other :part;A` and=' I can ;go along' with �►4u►:' ut } ' �
you
got. to .tee i; me that 'this over here wa e'ithetc`' have ; paid�:;tor . or ale ow►e{ ..v,,
for, it and` -`,over hors 'we gong t0 do this" and -now ire; ►ant• you ao� at»�%he a Df4 '/ ,
waive .theµ ostn�tl bidding for this. That's h.ai I'm try, to
�• 5$lalsd011 j OK, .sir, ,` n*e t you jusgive An-2ovarvi¢N- to' dasM!! W let }t .
que�tott, .This :y1lay t►heziP'you* go'F�et 'aa eir. ; ►`•< e t
3 ,
7
mad Ikirait Excuse s:e, would you grab the lapel mike, please.
Mr,,Slaisdell: When you look at the aerial of the project, this -circle you
have right here is exactly what you have out there right now.
Mayor.Buaret: OKo now the project, as you just defined it or used the fermi
means basically the fountain. Let's not talk about the rest of - the park,
we're talking about.the fountain.
Mr. Siaisdeii: OK, specifically what that entails is site work to remove.to
get the exact gradings necessary from the outer piece of the plaza in Bayfront }:
Park to the center of the bowl. It includes approximately...
Mayor Suarez: And this is all the fountain and the area around it.
Mr. Blaisdell: Yes, yes, air.
Mayor Suarez: No other part of the park, let's clarify that.
Mr. Blaisdell: ,No other part of the park.
Mr. Dawkins: Well, then OK........ that's all I asked you.
Mayor Suarez: That's all he wanted to know.
Mr. Dawkins: That's all I needed.
Mr. Plummer: No, no, continue, I'd like to see your design.
Mayor Suarez: Commissioner Plummer wanted to know other things so we...
Mr. Plummer: No, I asked to see the design. I've not even seen it.
Mrs. Kennedy: And anything on top of that figure has to come in front of this f:
Commission, -that's simple as that.
_ Mr. Blaisdell: That's correct. The Commission has appropriated 2.75,million
dollars.; Out of that.2.75 million, about $100,000 has been used up in certain
design aspects and the prototype that you authorized, OK?. All the rest of the
money is geared towards the total development of the fountain and I'll give
— you an overall breakdown of the major components so you understand where the
2.6 million dollars is going. First, let me give you an overview of the }'
— fountain and it's operation. The fountain is going to have. fivemajor
components.as it relates to the effect that it's going .to...have.-,..The'first-is
a fog. jet around .the ,inner perimeter of the fountain bowl. The first; effect f
-- to,. create a mist of water around the fountain during a sequence water series
of events. ,
® Mayon Suarez: Don't get too involved in the explanation. Give him the
general outline. -
Mrs. Kennedy: Yes...
Mr. Blaisdell: OK.
Mr. Plummer; Go to the next chart, I can read. v,
Mr. Blaisdellv;:I.OK. This here shows you the location of the pop up jets which
will shoot water anywhere from 40 to 50 feet: from 'side :to side in the '
rountain; :,they:, l l belocated in :the,' inner; ring ,and outoide. of; the inner; risg,
�
Mayor:,Susrez: :So all the.fountain jets that go with it and.so
Mr. BlOxOoll:..:,,,.Right o; ; This ; rendering here shows , you the fog jets aid they
_ eftact that it will create in a planned section 'view around the foumtai�}, w {
Bee, 'right;; here., ,;this ;.is the; total efect.if. you!ye looking at wit° f qm#�
SIPwlR, - #rA�a heavens down,: OK? Thin effect here is a swirl effect where L#s ' 3
�,.
total.: bowl, ,approximately ,200,000: gallons of water so you got tho -:imp
.Vida :tail l t,be o+'rY► :ka ,root.. wide ih11 �
ewiiC7 i{�grI►d,..oraalAg a .:caeca .olfaut around th¢
�excit.ing c. otnponent , of .the fountai is a 'sea wow aJE
fect ..~hare. #fterf 1 h rwx w �
ti tt Y r" j s�a
Ot6gro ttl6n of all throe different water phenomeha, it will culminate in a
iafge 'a ivs . r
Mayor Suarezt OK, we've got a pretty good Idea of the flow of the Water and
6 otit You know, we're trot fluid dynamics eRperts here. That, bisioally,' ` ie
the design of the fountain as the Jets work and as the different.=wat**i
Weak's .Anything else you should tell us to avower Oommiselofer Mummer
question, John? All of that is going to cost another 2.65 million dollarej
toughly *an we build into the motion then some restriction?
Mro Plummers Not to exceed.
Mrs. Kennedyt Not to exceed, I'11... yes.
Mr. Blaisdell: The appropriation, right.
Mayor Suarez: Thank you.
Mr. Plumart Not to exceed the 2.6. _
Mayor Suarers OK.
Mr. Plummer: Now, one other question. The big question.
Mayor Suarez: And that is item number 18, by the way, let's put that in. the
record. -
Mr. Plummer: Is the money in the bank?
Mr. Blaisdell: Yes, sir.
Mr. Plummer: The money is in the bank?
Mr. .Rodriguez: It's appropriated in the capital improvement program:
Mir. Blaisdell: We have reviewed, even as of yesterday, the total components
of `the fountain.`
Mr; 'Plummer:Is the money in the...
Mr. Blaisdell: -Yee, the answer is yes. '
ti
Mr.' Rodriguers Yes; it is. z
Mr. Plummer: No no, no, no, no. You didn't hear his last remark It's ' I.h
the capital improvements program. Again, for the third time, is the money in
the bank?
o Mr. Blaisdells The City Commission has appropriated the`monies'and they are
in the bank, yes.
Mr. �Plummeri You have the monies in an account outside of Cominui►Ity
Development and it is for this specified purpose:
Mr. Blaiadellt -Yes, sir.
Mr. Rodriguez: Yes; you appropriated that.
Mr. Plummer: Thank you. r r c
Mir: �Dawkiusi- One' question and I'm going to' say' this' al' aad ass gehtle las �% �r
can. 3 What ' does the waiver of ° the 'formal :bid do to the minority �ngo�vetae�L
and participation? t d
„
L
!!r. Plumme�rs None', They can't;
!' ?
!!r, Dawkins: W611"'���pee, you and I sitting �:v�p hore, r�I need :dove hi rfrpm r, p,nr ' �
theme J. ,•I
FiMaie`rs There `ass s guarantee mimority''eet 'aside fox'
Mould P pertain to the 100 percer total: - , } y:s, u
_L,1SrAt
M i f � •flf Rx F{ -�
- tl'n 1 1 tj lt' r^y
-
.
.ads•.•a.*.ea.t��s+sr,a.raatw;iy:
f—
- Mr.
glaisdelis Commissioner, to answer
your question, the same e0 mitseent
that
we •would use, the administration would use to attempt to enhance th+i
total
level of minority participation in
any project, as in this project,..'-
_ Mr.
bawkins: You see, you see, hold it,
hold it, you see, that's where 2'is
back
see,
J.i.., that's where he's losing me.
Attempt to, then when he tomes'
-
and
it's -not done, 1 attempted to do it,
so what more you tyrant from tat?
Mr.
Plummers Oh, that's easy. Put it
in the amendment. We've already got
Ji
one
amendment that it shall not exceed
the projected cost of 2.6 million'
just
put it in there of the minority
set aside is also involved, must be
involved in this particular project.
t
Mr.
Dawkins: Who second it? Who'll accept that amendment to the...
— Mr.
Blaisdell: It's a problem...
Mr.
Dawkinst All right. `
Mr. Plummers Hey, it's a problem everywhere, but if you're going to be
consistent, let's go right down the line.
Mr. Dawkins: You see, that's where I was telling you, J.L. You see, now he
says attempted and now that you say how we can do it, he come back and may.
it's going to be a problem. You see...
Mr: Plummer: No, what he says is what they hope. What we say, is the final
word.
Mr. Blaisdell: Commissioner, my understanding that the set aside that you're
discussing was on the consultant side. OK, where...-
a
Mr. Dawkins: -Well you see,'there again... let me see, I -want to be sure that
I'm saying it gentle and don't hurt anybodys feelings. Your understaz ding 4nd
my -understanding is two different things. I say each time I sit here when..
talk in terms of minority involvement, I speak in terms of the total dollars;
I" do notspeak in -terms of your telling me what portion that you're 'concerned '
about -.-OK? If it's 3X dollars, I'm speaking in terms of' 3X dollars.-1 donO,t '
need you to tell me"that you're only concerned about 1X, sir. r
Mr. "Plummer: What? Hey, look, you know, "you're te11ing,me you might not,.
.
finish. I'm the one that is set here - and, has been as stanch a � backer as",any
member of'"this Commission for minorities. Nobody 'can point's finger and nay = that .I haven't. But let me tell you the one "thing I'm going to demand and
that's "going to be equity across the board. If you do it in the Arena, if'you
do it in Overtown, you're going to doit here. Now,' either 'you're going. to
say to` the public that you're in favor` of it or let's tell -the truth,- we're
going to ' do it when' it's convenient. I'm not going to vote for that 'and, -1 4
don't 'think anybody on this Commission can vote for 'that. That `e 'direct
contradiction of what this -Commission has portrayed. Now,'how do`you go about
a_
not saying to the minorities that we're going to do it when it's`'convenient?
I`don't understand that. Is there not a resolution; an adopted poiicy'of thin
Commission that ' in all, A-L-L, all City projecta, that the minority, w
participation has got to be there? Is that not the policy? How can you
® deviate from that policy?
y
Mr.7 Blaisdell: Commissioner...
Mr. Plummer: You're not asking us- in this resolution 'to. deviate from that
policy, you're 'asking us to deviate from the mormal bidding procedure: So, you
- don't have to 'bring' it up, `Mr. Dawkins. If it's, not there, it Is a violation .�
_of the policy of this Commission. Am I right, Mr. City Attorney? u�
Mr. Jorge Fernandez: No; this.' resolution is asking you to waive 'also gall tnp
procedure's and�other'requirements pron'ribed:`by chapter 16
.. , _ ,; . •:, ' Y � run. ,
Mr. Plumrne"r: x'm" sorry, 'then ',-I, stand corrected.' and Coihm sw oper" Aawkixis s$ , `.
right% 8ut-'I don't`'know.° ".ej
Mr B1�isdell: -•M'Ay' or, Commissioner, one thing that mayb¢`
alaiiiicat gn., Whpn.tha administration was evaluating, hoer, sad in Chet brae t +{ _
the most 'effieLout gray to .,deliver this project,. we had tvso choioes'. We oDu�� K �����
9
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-
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29agn"
:
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_ 1.
Sole source because of the nature and non commodity nature of some of the
equipment and materials that are being installed in that fountain which
typically mould not be when you sole source if there's not a minority able
Source provider, the minority participation aspect of the project is impacted+
tou directly sole source with that non commodity provider. I can tell you now
to that you make an informed decision, whichever way you want to go, that a
approximately one million dollars of mechanical equipment is almost all
original equipment manufacture. This is not stuff that you buy off the shelf,
these are things that are tools specifically for this project. Now, if we can
find a subcontractor that can participate in that process that fits the time
_ frame that you want to deliver this fountain in, the administration is saying,
we will commit to deliver that to you. Second, you have granite,
approximately $400,000 of granite. There are six quarries across the United
States of America and Canada, OK? None of those firms have or have ever
done - dealt with minority participation. If we tried to change the outside
_ look and try to go to a concrete finish or something like that, changing the
basic design, that's once again, something we'd have to go back and evaluate
but that's $400,000 where there cbuld•be no relative or equal across-the-board
minority participation. In the other areas, approximately structure work, r
site work, some electrical work, some mechanical work, yes, we would like and
we will attempt to find and joint venture with minority firms but we'll have
to do it sensitive to the time schedule. I'm not going to sit here and tell
you that it can be done if it can't be done. And the intent was, rather than
coming to you with a sole source for 2.2 million dollars and then say the
other $400,000 is not part of sole source, we came to you with the strategy
that we thought would make this project be delivered in the time frame and
give the administration the maximum flexibility to achieve those goals that
you've set forth, including minority participation.
Mrs. Kennedy: Mr. Mayor...
Mr. Dawkins: To my fellow Commissioners, and to the public and to the
administration. This is beautiful, it's nothing but rhetoric. I sat here and
had the administration tell me and this Commission that when they did Bayside
minorities wouldparticipate, minorities would get a fair share of the total
dollars. That did not happen. And this Commission thought that it knew how
to correct that and so we went again to Bayside and left Bayside and went,to
the Arena. At the Arena we thought that we had it made where minorities,
blacks, women, and Latins would share equally. We even went so far as to ask
that local people who do business in this area, have their offices in this -
area, get the jobs instead of people from Alabama, Mississippi and Georgia who
take the money away. And again, we thought we had it made and again
minorities did not share in their profit. Now, you would think that after two
times, the administration would know what it has to do in order to insure that
local people share in this. It's simple, you find out what services can be
provided by the local service, local service providers, deduct that amount of
money from the total amount of money and then you go back and go outside for
those things that we cannot provide. You do not go through the whole budget
and spend as much as you can and then when you get to the big money items, say
that there's a sole source because you do not have minorities here to do the
job and, therefore, you have to let me go ahead and do it. Gentlemen, this is
the third time you have done it and this is my time of telling you that it's
unfair and I do not think the administration is working hand in hand with the
Commissioners to help this Commission carry out its promise to get minority
involvement.
Mrs. Kennedy: Commissioner Dawkins, you're right in what you're saying but
let me suggest that we waive the bidding requirement but not the minority `I
participation. And then, should we fall short b anything - let's
Y Y B just
assume, for arguments. sake, that we fall short, we can make it up in
construction in the rest of the park so that minority participation is always
there''.
^ cr
Mr. Dawkins: I agree with your, Comm... look, I have no problems with - in
fact,_ I'm as committed as the four of us up here,- of the four as completing ='
this.. park', I would like nothing better than to have this park operating on
the Fourth of July when I have my Fourth of July picnic at Hadley's Park 'and ,
we'could have a°joint celebration between the two. r
Nis. Kennedy: Um hum.
Rh ��
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30
- 3 tfiu+y i. 7
�v'l
Mr. ftwkinst I have no problems with that, Commissioner. My only problems is
that I constantly sit Kara and may things and nobody hears me and then all of
a sudden then I do say something the newspaper hear that and than everybody
- know it. You see? But yet and still, when 1 say the things that I've been
talking about that's for the betterment of this City, it doesn't get picked'up
by the press. It doesn't gat picked up by nothing. But the minute Hiller
Dawkins says something that could be interpreted as negative, i get a whole
spread on it. And three times I've said that the minority community got
shafted, on Baysida, on the Arena, and now they're getting it on this park and
nobody's picking it up.
Mrs. Kennadyt Well...
Mr. Dawkins: And it's not - and I must say, in behalf of my fellow
Commissioners, it's not because... and everybody up here is saying the same
thing I'm saying, but nobody's listening to us.
Mrs. Kennedy: OK, will you accept this motion? I think that we owe it to
Senator Pepper to finish this fountain by his birthday and this is a way to
guarantee the minority participation as well.
Mayor Suarez: And mechanically, John, would you treat as bid packs as was
done in the Arena, the various phases from this point forward such that you
begin to make up at each successive bid pack for what was lacking in minority
participation in the prior one? That's the what the Commissioner's getting at
so that by the time we complete the park, hopefully the overall component will
be that much larger.
Mr. Blaisdell: We have set a strategy...
Mayor Suarez: In other words, you compensate each successive bid pack in the
pro...
Mr. Blaisdell:
It would be very difficult to do that but what we would do is
we would try to find specific packages...
— Mayor Suarez:
We ask you to do very difficult things in the south end of the
park there's
still presumably some construction left to be done which sounds
to me like very simple putting of little, you know...
Mr. Blaisdell:
To my knowledge,.the south end of the park is a very good
product, to...
- Mayor Suarez:
... that could maybe be 98 percent minority participation.
— Mr. Blaisdell:
A good chance. Yes, because there's a lot of...
® Mrs. Kennedy:
Exactly, that's the...
Mayor Suarez:
You see what I'm saying.
Mr. Blaisdell:
Yes.
Mayor Suarez:
That's what the Commissioner's proposing.
Mrs. Kennedy:
That's exactly...
Mr. Blaisdell:
Unfortunately, this specific element of the park...
Mayor.Suarez:
We know that.
Mks .•`Kennedy:
I know. OK, so that's my -motion, Mr. -Mayor. 3;
Mr: Dawkins:
Call: -the "question.. r �,
r
Mr. De�Yurre:
Let me'ask`- now,'hold it, hold it hold it.
Mayor .Suarez:
-Vice 'Mayor De'`Yurre: ; : .((_f2r44,
.. 1 i -
.. ., .. • � f� if Eur2 A^ytErj.k
— llr. `De .Yu=yes
N
Where arel we at today with meeting' our'minority :paetUpati
with, -the Mork
that's been done today on .the park?:,. 'F
6 i`
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Mrs Lee!_.Th6.work to date, Commissioner?
Mr, De Yurres Yep, yep.
Mr, teal r don't have the statistic's on that, Commissioner, but I'll be glad
to get them for you.
Mr. De Yurre: Because, maybe, I don't know if we've been meeting it at ail.
if we have or if we haven't.
Mr. Lee: I'll be glad to get you that information this afternoon,
Comissioner.
Mr. be Yurre: OK. And the thing is that how much money are we talking about,
percentage -wise, that minorities would be getting on this project as compared
to whet'a left of the project? because maybe, percentage -wise, they may get=a
lot higher percentage, but dollar -wise it may not even come close. You know,
— it's one thing to lay sod, it's anothfr thing to construct something.
Mr. Lee:. Yes, sir.
Mr. Ds Yurre: As costs are concerned. So, we need to look at that also.
Mr. Lee: I'll get you that breakdown, Commissioner.
Mr. De Yurre: OK.
Mayor Suarez: We have a motion and a second with that built in proviso and...
— Mr. Plummer: I have to sit here and chuckle. I'm the only one sitting here
_ that the day that this matter of Bayfront Park originally came before this
Commission. When the group of spirited citizens who said, "We'll do the park
and it, won cost the City a dime," and if it wasn't for Claude Pepper, we
wouldn't even have the park.
Mrs. -Kennedy: That's for sure.
Mr.. Plummer: Now well I remember.
Mayor„Suarez: Call the roll. =
Mr., De.,Turret .Question. The :minority participation aspect.1 Is,.that;going to
delay, the process and -if it is, how:long doyouu expect- to:.be..delayed:by?;
Mr. Blaisdell: Commissioner, if I can answer your question with,a different
statement, 33_percent-of 17, 17, 17 percent in this 2.6 million dollar project
is $750,000. I can't stand here in good conscience and tell you that that can
_ be .achieved in this project,:.OK? , So...
Mayor < Suarez : No, you've ,said that. I think in the motion it was built in
that it would not be necessarily guaranteed as to this.phase of the project.
Mr. De, Yurre: But, my . question is, are we abiding by ; the .process -:or are we
just going to ,go strictly on a timely basis to get the park, done? If you have
to,.go.through.the process of minority participation, is that going to delay
the time frame that you've laid out for us which is kind of tight to begin
flayar Suarez: Right., -
1
Mr., Blaisdell,: ;Well,: we. feel.;we have.: done , Dorm:- pre -work, ae.!re not coming all-.,�"".":"...�.:�;�,��YflI
Y
blind. We have sat with Adrienne Macbeth, we have. a :list of allthe
ostractQrs;. Mher,e there: �could.ba, suitabia work;'on file for this projects `ae'r�
going ' to pro qualify those people and if they're ready to,. move'.
ready tp,t.movp, in .our. op in oa : an their. price ' is competitive,
believe that the administration will use, you know, will ,award the contract tt� r>�
that , iinorxty firm., w zif th4y. dos+t .have the maAP,owor .Qx Xhoriq&a't
have to go through, 30 days to .wait ' for this or for that, it's alir 4y r, ,2?
acecQan ndatioan that .:we Will have to proceed forthwith xithoutt coaside�ip� }i��; ��_�•
xhose .tgpes ofir<ns. 3^
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70
Mr, I'li Wk6ft OAK. I vote yes.
COHNRrifi9 MADE FOLLOWING ROLL CALL:
Mayor Suarezt And, Senator, I wanted to say that we thank you for one`othbr
thing you've done recently. This community has been affected a great deal by
the whole immigration question and hop Haitian refugees are treated
differently from others and you've already introduced legislation within weeks
of the latest incident that Commissioner Dawkins had to go out in the middle
of'the ocean and witness a boat being turned away and people processed in the
middle of the ocean. You've introduced legislation to change that and we
appreciate that. I want the community to know that you moved quicker than any
other Congressman, even though you're a very powerful one as chairman of the
Rules Committee.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
14. (Continued Discussion) CODESIGNATE PORTION OF S.W. 7TH STREET FROM
BRICKELL TO 12TH AVE. AS "CLAUDE PEPPER WAY" (See label 11).
Mayor Suarez: Mr. Zayden had had an item that he - that it was before this
one that had to do with the naming of a street and we're going to give you
about 30 seconds.
Mr. Dawkins: Two seconds.
— Mayor Suarez: Commissioner Dawkins took away your other 28 seconds.
Mr.'Alfredo Zayden: Honorable Mayor Suarez and member of the Commission.'' I'm
sorry I'm come late to the meeting, I supposed to be here early and I've. been
asking to that Commission to name it"`70th. Street, S.W. between Brickell
Avenue on 27 'Avenue, Brickell Way, Pepper Way, Claude Pepper Way Street. I And
I been asking that,''like you know, ''I don't want'to say nothing about no more
about the Claude Pepper. You -know, Claude Pepper is America and I think
know I been. asking for somuch. but -I don't 'think they -want to cost money to x.
the City to name it that treet in his name. I wonder 'if the Commission and
the Honorable Mayor Suarez approve...
Mayor Suarez: Commissioner Dawkins was asking about that, it -being Luis
Sabines...
Mr. Dawkins: Isn't that Luis Sabines Way?
Mr. Zayden: No, this is 70th-Street on Northwest, sir.
Mr. Jim Kay:' That's N.W. 7th Street.
Mr. Plummer: This'ds southwest.
Mr. Dawkins; This is southwest?
Mr. Zayden: 'This is northwest,` this is southwest. 1`
Mr. Dawkins:. And this is S.W. 7th Street. So move.
Mr. Kayt Right. Well, the problem yell, wait a minute. °#
ter. Sergio.Rodriguez: Mr. Commissioner.
a"�p
Mr. Dawkinst Yes?
41
Mr: Rodriguez: You already approved the naming of that street Simon $olitar r�'f
between 12th Avenue and 17th Avenue.' So you cannot 'have one streets. �t
t
Mayor Suarez; So we got.... you're proposal was 27th.to what?.'
Mr. Zaydept xt; :'70th_`Street, southwest, ..
Mayor Suarek
tilr. Za�gi�i! i
Mayor Suarez
A ..
venue.
Mr Pitmetnert
Mayon Suarat
Mr. Dawkins:
Mr. gaydent
Mayor Suarezt So moved and seconded. God bless you. We're going to name the
whole City Claude Pepper pretty soon,•Y didn't want to say that but...
Mr. Zeydent Thank you, thank you very much.
Mayor Suarezt Call the roll.
Ms. Hirai: Who moved it, Mr. Mayor, I'm sorry? Who moved it?
Mr. Plummert Dawkins moved it.
Mayor Suarez: And -he's a Republican too.- Are you going to change parties,°or
what?
Mr. Plummer: Wait a minute, I just changed my vote.
The following resolution was introduced by Commissioner`Dawkins, who
moved its adoption-:
RESOLUTION 140. 89'-281
A RESOLUTION CO -DESIGNATING 7TH STREET EAST BETWEEN.
- "BRICKELL- BOULEVARD'AND 1SOUTHWEST'12TH AVENUE IN THE
CITY :OF MIAMI,' FLORIDA AS *CLAUDE PEPPER: WAY";
_
FURTHER, INSTRUCTING THE CITY CLERK TO TRANSMIT A COPY
_ 5
r
OF `°"THIS RESOLUTION " TO ALL AFFECTED GOVERNMENT
=
— AGENCIES.
a:
(Here follows body of resolution, omitted here and on
file in the Office,of the City Clerk.)
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-
ComtIIlssloner.
Rosario Kenneay_..
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Mayor,Suaret: Right, 10 and 11 that we'll try to get through very quickly.
Jtem tight, Reverend.
ftay. G,eneus Therilua: Honorable Mayor, Xavier Suarez...
Mr. bawkinst Pull the mike to you.
Rev. Therilus: ... distinguished members of the Commission, ladies and
gentlemen, at this time I represent Operation for Humanity, Inc. and at' this
v d n White who is the spokesman for
time I will defer my presentation to Dr. an o
the organization. Thank you.
Mr. Vandon White: Honorable Mayor, Commissioners, my name is Vandon Whitest
hlorida International University, Department of Health Services
Administration. I would like to bring to our attention a pressing problem in _
the City of' Miami. I admired the commendation made to Mr. Pepper about his
effort in immigration and the lack of proper treatment of Haitian. There's
another area that we need drastically to take some action in and that is in
the health services and social services available to the Haitian community in _
Miami. 'I'm talking about the area from Little Haiti to Overtown. To give you
ona example of the type of problem, in checking the statistics at Jackson
Memorial Hospital in terms of Haitian admission to Jackson, 39.6 percent of
the admissions was obstetrics, but only 23.5 was newborn. And this is due to
a very bad situation in terms of prenatal care. I'm informed that many
pregnant females do not get medical services until they're seven -months
pregnant'. I'm told of a six to eight week waiting period before people can
get services. What we are proposing here is not to create anything that's new
in Miami but to organize and mobilize the existing health and social services
of Miami and Dade County to target the Haitian-Overtown community. We're
asking. that we look at these drastic needs, both in terms of health services
and social services. The isolation and suffering of a community' in which 48
percent of the population list their occupation as farm labor. However, out
of this population, we have a population that is struggling and trying to move
forward. They, have the highest in school attendance of any group in Dade
County,, the least number of drop out of schools from 16 to 19 years of age.
One-third of all Haitian adults are attending some type of school program .' -It
seems to me 'it's about time this group be given some opportunity to move into
the mainstream of the Miami community. What we're asking forthen, is..
consortium to ,be built of Dade''County, City 'of Miami' 'and 'existing services
wAhin'the county and the 'development of a human service center in this area';: �?
We have a proposed as moving forward for that activity. In the meantime, we u
know it's going, to take about two years for the completion,of.the project'
We've spokes to the major agencies' in Dade County and they` are `agreeing to
cooperate and work with the development` of a human service center for, this
community. What we're asking the City of Miami to do, while we're in the
process of doing this, to.
Mayor Suarez: There is no human service -building or facility at "all in'Littl`e
Haiti, is there? At least not a major one certainly: A
Mr. White: Right, and this'is what we're asking.
Mayor Suarez: But, you know, most of what you're addressing, I guess you
realize that, Doctor, is totally outside of our jurisdiction.. We` have s:
absolutely no health component, we do allocate some monies from the City. `r
Community Development block grant monies that we get from the federal
government and we 'do allocate some of them 'to'`- in accordance with the.,-
prioritiesE
not by the Commission, to food and health programs of different
nonprofit agencies including some in the Haitian community, or Little." Haiti
rather.' It happens that this year we push for adjunct clinics, primary health
ram,.
cure and maybe'soia''surgery, I forget exactly, and some prenatal and OB-GYN to
be established : in East Little Havana and Overtownt not exactly Little #Haiti,
$o, ' we pushed for that, 'think , we " have `the fuii41ng iri place'` proposed hy tho
Governor. ' 4' We think those are` very important clinics to ba located` aadi"t
`night'' have' been an inter6�stirig idea' to push 'fors having, one' built also 'io tha h "z
Little Haiti area. All' ' of 'that>' has to be approved by and, -,blessed by - ^ tad'
actually they're the ones that operate it the Public Health Tarutat and the '` ` ux
County Health Director and we'd like to'aork with you as that PO `s`urc''
°Hr.' Whitet : OK, `very good ``and' ve're' working' with them oa:,that right mow.
}�
l�aycr` $usrez:' * 'Are you? 91C
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Mayor'. Suarezi Zou, re a aot zartiner srviu ..a avaa •,a•...•� ao. ....or-..-- --•--- ----
other locations that I just mentioned and we recognize that. And that meant a
- lot of people are not getting... and in addition to the waiting list and other
things you alluded to.
Mr.: Nhitel Yes, we're also asking you to match the proposed agreement with
the State of Florida for funding of the facility with an amount of 1.5 !million
dollars, by the fall of 189 - I understand what you've mentioned and all of
those points, but we want you to work toward that goal. 4
Mayor Suarezi Have you applied through Community Development for "economic
development -monies? Does this.classify as economic development? It could,I
suppose, I don't know, if we stretch it.
Mr. ,Frank Castaneda: Well, let me mention, Commissioners, that we're working
_ on;a-similar proposal that I have that is the Shakin proposal, that might. -ring
a bell to you - which is similar. It is a building on.7lst Street and N.Sr
2nd Avenue,.that the Urban League is working on it that the idea...
Mayor Suarez:. Is it for primarily health services?
Mr Castaneda:. Well, the idea is to buy a building from Shakin and .to, do a
City float of one and a -half million dollars in which Shakin himself" will be
personally obtaining letter of credit to guarantee the float and` hatoway
permit:the community group composed of people like T. Fair and :the Haitian
Task Force -and things like thatto.put a...
Mayor -Suarez: What kinds of uses? You've told me everything except "what
kinds of uses?
Mr.:Castanedar a -school facility, a technical training school,facility:-in
the; -area and : they are thinking later, on, :. perhaps, ; have enough:- space::: for : a
clinic.
Mayor Suarez:;,. . OK, 'but, at this point, AV9- not at all a :clinic; -or primary .
health care or,natal, prenatal.or anything like that.
Mr. Whites Yes. So, therefore, we are saying that since those things.are not
in: the works and since the health units .:Health Department:: units arejnot
serving`; that area with their prenatal care as need be,. -we're ;asking.,rfor,
support Ao put those kinds of services - into that area.
Mayor,Suarez= If -you want our endorsement'of the concept and. if ,you avant our
support in getting state monies, we'll make them...
.Mr. White: Right, want your support in getting state monies as part of the.,
capital. budget.. And we'll give you a copy...
Mayor:.Suarsz: But -you're talking about the State,capital`:budget.
Mr..Whitei State capital .budget.
x
x
Mayor, Suarez: , Sure.:
Mr. Wbitei.;:; We'il give you .a copy, cif this _forFyou to' resd;;and see.,eaxetl ►.5�► a K: ,� ��
We're 3 asking for, but thp.: plead is,;primary health cars is ;.a_ tr�ameAdcsus dieg4 ,4 xj n
and the thealthv, of -::the -ant Ire -,community is at stake Ahem the he�l�h*�s
overlpokedFin say particular group: '2
Mr, Plummer: sad it bothers me because thin Commission has but
money . ,,=.One; of,, the off aita,.Is t#a ` orimquen # ealth C13aic at` 6th Street ei , 7,4`
Miami. Avenue wh er is right bordering little •Haiti:
c Ai s
Mr. White: Yes.~ rk
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Mr. Plumamer: Are you telling me that the Haitian people do not have access to
a
that clinic?
Mr. White: what I'm saying is that the access to that clinic is not adequate:
In bthee words, they have access to that clinic, they have access to the Hqual
opportunity Family Health Center but even those clinics and the out patient
servicea at Jackson still are 6xtremeiy inadequate to meet the needs. There's
a second aspect I'd like to mention.
Mr. Plummer: Sure.
Mr. White: The second aspect is, none of these particular facilities take
into consideration the peculiar and particular needs of an immigrant Haitian
population that's trying to make it in a country and there needs to be some
facility that is part of that community.
.t'
Mr. Plummer: Doctor, I guess my area of concern is the feeling that you're
before the wrong group of people and I'm basing that on the statements of the
Mayor which, in fact, is trying to be worked in Tallahassee right now to make
State money available,' but I'm also concerned in the area that there is an
organization that is the primary purpose of their being called the Public
Health Trust. Now, if what you're telling me, what they're doing is totally
inadequate, .I guess I have to ask first, have you been before the Public
Health Trust and have they denied you or what status is the request before the
Public Health Trust?
Mr. White: OK, the status of the request before the Public Health Trust is
that they're in the developmental stages at this point. They have admitted
the fact, the facts of my data comes from the Public Health Trust in'terms 'of
the 'Inadequacy of the services. So they are working with us on that but we
— need a combined community effort when the request is made in Tallahassee so
that' we can -say that both the County, the City, and the Public Health Trust
recognize and endorse the'need of primary health care.
_ Mr. Plummer:' ' Well it would seem' logical to me that one of .the best things
that this Commission could do is to go on record recommending that the County
whose responsibility it is of the budgeting of the Public Health Trust should
provide what .ia necessary for the community. It is their responsibility. and
if you're telling me that they're not meeting the needs and they admit they're s`
not meeting the needs, then they are derelict in their duties.
Mi.'White:Well, I think" it's not' a 'matter ' of total derelict, but they're
doing' the best they can under the circumstances Overcrowded, lack of
facilities. {
Mr. Plummer: If they can find a hundred and four million to take care of
Rapid Transit, it would seem like to me that the first and foremost
responsibility they have is public health.
MINES
Mr. White: I agree. We're`working with them and -we do want that endorsement
from'you and we feel that this encouragement from' you would help push °'diem in
that direction in which we're trying to go.
Mr. Dawkins: What was your motion, J.L.1
Mr..Plummer: I didn't make a motion, but basically what. I would say is that a r
resolution from the City of Miami Commission that the Public Health Trust <'
recognition that they are not meeting the needs of the community, that.we
recommend to the -County Commission that adequate funding be forthcoming ;to the
Public Health Trust to take care of thoseneeds right now. r
Mr. Dawkins: And I'd. like, if you would add to that, that ' as our ] obbpist y
worked' to get. the 'Public Health, and 'the rest of Jackson ' Memaor.ial funded im
Tallahassee, that the legislation from Tallahassee laclude: is
Jackson Must service that area as one of areas that it in auppoaed,tQ„searvef
indigent people.'
Mr. I o eruld w Plummer: .c tainly accept h cce t that. Mrs.. Keaaady: Is, that. a second tQ the motion?
40
— The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 89-283
A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING
THE DADS COUNTY PUBLIC HEALTH TRUST TO RECOGNIZE THE
FACT THAT IT IS NOT MEETING THE HEALTH CARE NEEDS OF
THE LITTLE HAITI COMMUNITY AND RECOMMENDING TO THE
DADE COUNTYCOMMISSION THAT ADEQUATE FUNDING BE MADE
AVAILABLE TO THE PUBLIC HEALTH TRUST SO THAT IT MAY
SATISFY THOSE NEEDS; FURTHER INSTRUCTING THE CITY'S
LOBBYISTS IN TALLAHASSEE TO ENDEAVOR TO HAVE
ADDITIONAL LANGUAGE INSERTED IN ANY STATE LEGISLATION
ADOPTED IN CONNECTION WITH JACKSON MEMORIAL HOSPITAL
AND THE DADE COUNTY PUBLIC HEALTH TRUST WHICH LANGUAGE
WOULD REQUIRE THAT JACKSON MEMORIAL HOSPITAL SERVICE
THE AREA COMPRISING LITTLE HAITI AND EXTENDING TO
OVERTOWN AS ONE OF ITS PRIORITY TARGETED AREAS FOR THE
DELIVERY OF HEALTH CARE TO SERVICE INDIGENT RESIDENTS
OF THE AREA.
(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 Rosario Kennedy
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
- ABSENT: None. ?
Mayor Suarez: There are two State Representatives that .have, been particularly
active in the. adjunct clinic effort and you might want to direct your
attention to them right away. And that's State Representative Luis Morse: and
State Representative Jefferson Reeves. They are working on trying -..to get
those two clinics built.
Mr. Dawkins: Simon is here, do you want'to recognize him?
Mayor, Suarez: And as long as State Representative -Art .Simon is here, we; may
as' well put the monkey on his back too and see if he can get us some more of
that 22 billion dollars that the State has available for cities to do
important things. }
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Mr. Dawkins: When everybody got here, the Indians were here. Now, in the
event .that'Chalk .Airlines say they were there before the, City of Miami, and
therefore, they; have; squatter's rights to the land, have somebody do some
research for me and find out who has the squatter's rights, Chalk Airlines or.
the Indians. Because if somewhere down the lines, the federal government .did
.not assume ownership of this property and give it to either. Chalk Airlines,
the City. of Miami, the .State of Florida,._ then. it belongs to the Indians and,
therefore, if you find out.it belongs to the Indians, I want you to go about
finding -gout how -much they. want for..
Mrs. Kennedy: To stop legal action against Chalks.
Mr, �De Yurret I,'ve.been hearing that they're suggesting that.they're willing h
to give.$15,000'a year for the next ten years in order to continue, vith'their
aperation... 2 have, no .problem,: with money. It could be a dollar a year. My ,
problem is, as far as the legal righte.of the City of Miami to Watson Island, �x
tbat property. as far as_.Watson:; Island, is; concerned, If ae .do not ¢stabliah;
b
Qu; :rights as,4vaers ofand allow Chalks" Airlines tQ keep r''�;,u ;;; k -
stating -wherever they go that they are the owners .of the property, that theyr qrrt
hate,=':a.. right- to . be; there, „then we'Fe.; :in ;a rlegai;.-,PositLos thetx�4#*P'
banefir
cialN to . xhp;, City, of ;Miami... If we're here as ,i;xrustles of thy} pPAee
ptthp:�lxY .of..tian►, if, we'.x4*hp;e to,.protect tha:"intaesta-urrourciie�atgp}Eys�
"un
Ire i a ; om :a::,legal =,,standpol.nt., pur�tU& >thl s.- �aatter til the
one way or anot#�er ahsther this property is"rightfully•owned by the Clhy nr x4,
halkg �b l - #AY ;_I ghee #t . 4i1+'.,MQ ,only musty dct il:" la�q.at�se ;'tsi nt 1A yeran,� D'
but: '•if. if talking shout ' si`davalop ag", Watson
�4ert��d�c�►¢iy xast rights, f say, which we don't
91-.�;taa�Mwel+i..+...rJwK.ki�ea+ywaia�i+xtPf _" �.r;.
13
all, Chalks has in this picture, because then we have to deal with them. Aid
they right nowt hold a aignificant amount of property when you consider the
parking`area and their operational Area in the whole scheme of VAtsot► ielattd
gb' I... }
_ Miryor Suaraza if' I may differ with you, the askance of negotiations In the Y
middle of litigation is to avoid having a court determination that might Say Y _
that they do, indeed, have a right to be there and, at which time, we'll have
no negotiating power whatsoever or, on the other hand, even if the court
decides that they don't have any right to be there, if va want' them, as s t
policy matter to be there and I think perhaps the commission does, certainly, Y
do..
Mrs. Kennedy: Me too.,
Mayor Suareze Then, you know, what have we gained? I think that - and I
-
understand`what you're saying that we want to establish the principle that no
one has the right to be in City property without making some sort of payment.
and recognizing that we are the landlord. But there...
Mr. De Turret That's the point.
Mayor suares: But there may be an exception. There may be one exception in
the City•of Miami. There may be that Chalk's Airlines that could conceivably
be the exception. In which case, we may have litigated for a bunch of time
for no particular good result. They'reoffering, you know, a reasonable
amount of money for what I understand to be a very small use of a very small
piece of property because most of the landing and taking off is done in the';=
bay and 1, for myself, would like to negotiate as flexibly as possible.
Mrs. Kennedyt And we might reach a compromise that may make most of us`happy.
All I'm doing is deferring this until April the 13th.
Mr.`tDe Turret Well, what's happening April = what is it, 13th?
Mrs. Kennedy: Until the next Commission meeting.
Mr. De Yurre: Well, not much is happening. Where 'are: we" at. `legally? tom?
Mr: Fernandez. ' Their answer` was' due over two" -weeks .ago: They contacted the
and` I -gave then, as a matter' of professional' courtesy, through tomorrov for
them to file an answer to our complaint'for`ejectment. They -have called again
asking for another continuance fore an indefinite` period 'of time I~`have
advised them that until'I get clear 'direction'from you, my clients, as to`how
to' proceed, I am not at liberty" to give them any more extensions of `.times rt
because `I understand the will of this Commission to be to file a lawsuit in �.
ejectment, '-
i Mr. De Turret Well, the problem is that we play right into their hand when we
�! give them an extension. They would like to have an indefinite extension for
the next hundred years. That's what they would like to have.
Mr.' Fernandez: I'll do whatever my Commission' tells me.J.
Mr. De Turret' And unless we proceed and really move...
Mayor` Suarezi But it's not' . an indefinite s extension, it an extension till
"t 2
April_13th basically. r
Mrs. Kennedy: It's April the 13th.
Mr: De Yurre: Well, no, well they wereasking if you... you know, they ware -
asking fo`r`' an indefinite extension.-:'
Mr: FernaAders' April 13th is the next• City Col i►Jan on-meatin
r�
s that',''I'm-�'euthoriaed'. to -give ;them through the 14tb� one► der afterhrii► LL,�a
Comrnisaion'moot iag or that they are:` supposed to file their aaavor by t1i� Y;#�
ahiah is the same day o City 'Commission' mOttiAg. a
' Mrs.
KeAaQdyt Let's. say the 14th.
Mr, ' Pernaadez: Al l 'right:`
'r -
',}}}}
r, r
=z
Mr'.plwomere V9110 let's be, you know, let's be reasonable, OK? I don't want
to put anybody under a time gun. They've been there for an awful long time ;
and I, think basically even Commissioner De Yurre and what he is trying to
Accomplish doesn't want them to go anywhere. They're not going to
aaywhere4 Let's snake it until give them until May, the first of Maya
Mrs. Kennedy: I accept that in my motion.
Mr. Plummort You know$ and I think we're trying to stay the hell out of court k:
and we ;wash them to stay there so let'a don't be unreasonable as far. as I'm
concerned. Let's give them until the 28th of April which is the day after the +
Commission meeting of the 27th. I just... ;f
Mr. Fernandez: I have no... {-
•Lz�,.
Mrs. Kennedys, I accept that modification.
Mr. Fernandez: As a point of clarification, Mr. Mayor...
a
_ Mayor Suarez: We do have a policy problem.
•5
Mr. Fernandez: ... I have no point with any of these issues. However, in ,rA'
negotiating: with them, I need to get _very clear directions from this a,
Commission as to the issue of ownership, possession and control. ;If that is I
to :remain undefined or if there is to be a definition.
Mayor .Suarez: I think you know how I feel because we've talked about it and,
it's ,.fair ,for ,the Commissioners to state their preference. I would have. no.
problem with it remain undefined if we could reach an agreement for them to use .that property for a. certain period of time, say, ten. years, making some �-
sort ,of :payment, whether we characterize; it as..a voluntary donation or
otherwise it really doesn't matter to me. But the Commission should speak on, `
that issue. .I don't know if today is the proper moment or if you should...
Mr., .Plummer:. We11, = yes,. ;I think it • is, Mr. Mayor, and: let me now re... not
reveal something, but I think, Mr. City Attorney, one of the important factors
that ,has to:.be negotiated 4a the, factor of -the potential relocation of theta on'the island. I have had very brief but further discussion to ensue with, Dick'
Judy,,at,the.Aviation Department of Dade County who has some very definite and,` r
what I think, great ideas for this community. It's nice to .hear .County.
w
officials speaking something to do something.in,the City,;;that!s something, that;~ zY
we. .:need„ and something ;fie .want. But to _ do that ._ there, .would have to be the
potential„of the; relocation of where they presently sit to, somewhere else on �,
the island. They would, of course, still have to have access to the water. but
as far_ as..where than little shed is now, might have, to be.,moved..,. So I :think
that there has to be: some parameters ,that .that, location .could be, if in the
best interest of all concerned, to be moved. So, that's one of the parameters ,
that -,I, think.is very,- very necessary at.this.time. .
- - s
Mr._Dawkinst I'd like to,.: Mr.. Mayor,go back and tell the. City Attorney, ,
since you: got that long, .come .back .and _tell me ,who own or who has squatter'sZ.
rights to the land, the Indians, Chalk Airlines.or Miami. I also would like .
to .know; if you have. to relocate or if they have to do anything, do they have
to file to get a permit and if so, does the previous Commissioners' ruling yz
stand: which :says ..that,.each .and every entity desirous of„doing,,something on
Watson, Island has to be put out to the voters? k
:tip K i�yq�
Mr. Plummer: A referendum?
Mr. Dawkins: In:a referendum.
.. , lit 4x"�
br.. Fernandez: First .o,,allr< uaequlvonellq,y Mr. Dawkins, again, ,ilia Cgtr
Miami ;and no Vone .else, . has .-, e4olusivo 'rights to :.that 1 1a44f
pQsltion, of; tine .I.aw .I partment .that, 1t wil; 009end ,dgaia t aaF }chai'_l+e{}$
ragsds to, your second ,a:idr.last quet3tion,. thgt is ver } iat P'PAti
cons Ider.4tion,. 'Vhen the Master. Pisn goes ouut: f9r °,P�d Rn t1 ,0,ovPx Wit ` T � -
lsxsom,js .lndtat :vou�d, cert#!n;y; havef to b¢ pu
ili�rlia :s �n their preRence=in the isI' d'to boe"considered :s ooai9 la
of tha P , d- ,
' f tat .. Messer ,Plan and herei'ore
r ,nI9 one, vote , 9r on isp49 'k9 #�
-
co �! d4�red �� - A e14c grote o i�� ;:the .,dgVo1,QPma ?t � � �" � s <
�> Fl�4c+P�Pe d d f!e eni ueatlons to he s d,:to t Mgt XP it d zR
Vj4�l�l���1 s it ate ar10 /�
g
x
A;
airy bawkihs: But we have already, in my opinion, made it separate.
1irperhandw well...
_ Nr. Dasrkii�l�t Yrt that we've evicted the helicopter and We let Chalk Airl1h6b
stay there. So either both stay or both go, I mean, I don't know. I mean,'
but I need to know from you where we are.
Mayor`Suarez: Yes, why don't you give us an opinion on that and consider, if
I don't have this wrong, that when we approved that charter amendment to be oft
the ballot I think we excluded all the existing uses on the island.
Mr. Plummer:There was also a provision of it where it was City involve...
Mayor Suarez: Yes, I think we left out all existing uses, Japanese Gardens,
etcetera. OK.
Mrs. Kennedy: OK, so the motion is postponement of any legal activities until
April' the' 28th.
Mr. Plummer: Correct.
Mayor Suarez: I guess it's really agreeing to their not responding and
presumably carrying on negotiations pursuant to what, hopefully, will be the
clear policy of this Commission as to this discussion.
Mr. Fernandez: Which is... pardon me, Mr. Mayor, but it's not very clear to
me as I know...
Mayor Suarez: I don't know that we can get it any clearer. Maybe you ought
to meet with individual Commissioners if that's proper.
Mr. -Fernandez: All -right, certainly.
Mayor Suarezv: I`think"you know how I'feel. Call the roll.
Mr. De Yurre: Before we call the roll...
Mayor Suarez: Mr. Vice Mayor.
r
Mr. De Yurre: ... have we, at any time, received any indication from them'
that they're willing to acknowledge the fact that the City of. Miami -'is the
rightful owner of_that..property?
— Mr. Fernandezt To the'contrary. We have received very clear- indicationa from
them that they're not,willing to`acquiesce 'on that point at all.
Mr. De Yurre: I cannot, in justice to this community, vote__to delay this at -
all.. I think that unless there's some indication from them that we.are,the.
rightful owner and they're willing.to negotiate from that point, I can't, you
know, I can't in good conscience vote in favor of this.
Mrs. Kennedy: Well, let's call the roll.
Ms. Hirai: Commissioner Kennedy moved it and we need a second, Mr. Mayor
Mr. Plummer: Let's just clear the record. T
Mayor Suarez: No, the motion doesn't speak to that. The motion doesn't'=,speak i
i
to that point, he's just mak... tiro r{
Mr. Plummer: This motion before us today has'no determination othex ttian't r
continue' the, negotiations. There is no question',that that can be _one ,off the r*ri`
poimts.of negotiation. So it's not a determination -or. relieving them A that }
fight maybe at _ a later time. All we're doing, as , I : uadara't
today, ` is delaying to give. time for further aegotistiosp #►pp�ag that rty¢
stay out, o court and cotme up with something that is agreeable to both idex`zkrfi
Tbatl s what I Cim vot ins
!layor SVasee: But he's. stating for the record his wipe: that= ao pps�.`aft"}
accept presVtnaby .a eett.lemeat ' that would not clam xhat thet ,;�f
right ul ovaor 'df th¢t property. f tK��t .
uv
Mrs. Kennedy: The ownsr...
Mayor 3uiereai i, for myseif, don't
tare. We could postpone _that
`
+dotsrmttiatJob' for a, hundred years and it
wouldn't bother' me at all as ieng a,�
+i►e're using the property for reasons and
purposes that we vfoold like so, all
the roll.
Ms. Hirait' Mr. Mayor, I have Commissioner Kennedy moving the motion, I heed's
_
seconds ,
Mrs. Kennedy: To postpone an illegal activ...
Ms. Hirais No, I have the motion, I need
seconder.
Mrs. Kennedys Oh, you need a second.
Mr. Plummer: I did. `
s
Mrs. Kennedyv Commissioner Plummer seconds.
The following motion was introduced by Commissioner Kennedy, who moved
_
Its adoptions
MOTION NO.
1,
89-284
A MOTION DIRECTING THE CITY
ATTORNEY TO POSTPONE ALL
LEGAL PROCEEDINGS AGAINST CHALK'S AIRLINES UNTIL APRIL
28, 1989.
Upon being seconded by Commissioner Plummer, the motion was passed and
Adopted by the following votes
-
AYES s" Commissioner J.'L. Plummer, Jr.
Commissioner ,Rosario Kennedy
Comm-issioner Miller Dawkins.
Mayor Xavier 1. Suarez
NOES: Vice Mayor Victor De Yurre
ABSENT: None.
NOTE FOR THE RECORD: Item
nine was deferred to the Commission
meeting of April 27, 1989
at the request of Attorney" Robert
Traurig.
r
«e.�s;:�.,�aemu.is...,)?;:w�.,.•'.,itr-W-
4W
- - ..-. --�.-.a.a.�aYi.r+rlr�.rKrwW.Y raarl...ai.+rr-.rirr.rraarawrr"air-.rrrar.a 18. A. B$Lt.B MEADS ISLAND= Grant request from Belle Meade island residents -
urge holding of special district election for creation of special taxing
district to fund security services - allow operation of gates to monitor
incoming traffic. (Notes See reconsidering Motion 89-287.)
e. Urge Public Service Commission to grant residents' request to have
utility wires buried.
C. ADULT CONGREGATE LIVING FACILITIESs Brief discussion concerning City
Commission'@ position as to new placements of ACLF institutions within
City limits (See label 19).
D. BELLE MEADE ISLAND: Reconsider Motion 89-285 - grant request by
residents to create special taxing district to fund security services
and construct/operate gates to monitor incoming traffic.
S. Grant residents' request to construct a security guard house to allow
security personnel to monitor incoming traffic.
F. Resolution approving creation of special taxing district for Belle
Meade Island to provide security guard services. (Notes This Resolution
updates R-87-539.)
Mayor Suarez: Yes, ma'am.
He. Marilyn Reed: OK, I'm Marilyn Reed, I live at 1100 Belle Meade Island,
Miami, and this is Judy Clark...
Mr. Plummer: Excuse me, is that Belle Meade?
Ms. Reed: Belle Meade Island.
Mr. Plummer: Ah, OK, just clari...
Ms. Reed: There was a typo on agenda, we're from the island. We've come
today for two items. We need an addendum on a resolution that you've granted
to us. on June 11th, 1987. It is regarding a security guard special taxing
district. The resolution omitted construction and operation of gates within
the public.right-of-way to enable security personnel -to record description and,
tag number of all incoming vehicles. We need this phrase, public right-of-
way, added to addendum 87539.
Mr. Plummer: Yes, are you calling collect?
Ms. Reed: Trying to but it won't cost you anything.....
Mayor Suarez: Go ahead, proceed with the presentation.
Ms. Reed: It's Dade County that has sent us here today. We need this'
resolution to go forward with a public election.
Mr. Plummer: No, district election. Correct?
Ms. Reed: Correct.
Mr. Plummer: That's for the security guard.
%r
Me. Reeds Correct.
Mr. Plummer: I so move.
Mayor Suarez: Moved.
tf
Mrs. Kennedy.: Second..
>
5 FL
Mayor Suarez: Seconded.. Any -discussion? Call the roll.
r
r
Mr., -,Plum see;: Just __ for the recgrd to, be clear, than is.:aA slectiop, to be peid 4`
for by the recipients who would be the people of $eila Meade Island and.Ao one
�
Ilse, -
ti� xr f
:1R..ee i %"OrreG�+
i y�{
� f R
%7,: 04 1
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The following motion was introduced by Commissioner Plummer, who moved :V
a
Its adoptions
'cc
MOTION NO. 89-285
A MOTION GRANTING REQUEST FROM BELLE MEADS ISLAND
a
RESIDENTS AND URGING THE HOLDING OF A SPECIAL DISTRICT
ELECTION FOR THE CREATION OF A SPECIAL TAXING DISTRICT
TO FOND SECURITY SERVICES AND TO ALLOW CONSTRUCTION
AND OPERATION OF GATES WITHIN THE PUBLIC RIGHT-OF-WAY_
AT. THE ENTRANCE OF THE ISLAND TO SHABLE SECURITY
is
PERSONNEL TO MONITOR INCOMING TRAFFIC; SAID ELECTION a -
TO BE PAID FOR ENTIRELY BY THE RESIDENTS: FURTHER u
DIRECTING THE CITY ATTORNEY TO AMEND RESOLUTION 87-539
BY INCORPORATING THE ESSENCE OF THE HEREIN MOTION. x,
(Note for the Record: This motion was immediately
hereafter reconsidered by Motion No. 89-287.)
i
Upon being seconded by Commissioner Kennedy, the motion was passed and L,
adopted by the following vote:1
AYES: Commissioner J. L. Plummer, Jr. —
Commissioner Rosario Kennedy
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
. t.
NOESs None.
ABSENT: Commissioner Miller Dawkins*
(*NOTES Although absent during roll call, Commissioner Dawkins requested to t_
be shown voting with the motion.)
Mayor Suarez: Item 2.
Ms. Reed: Thank you. Our sec..:
Mayor Suarez: You're doing pretty well so far, you might want to consider_
r
=' .quitting. { t,
Ms.. Reed: Our second purpose for being here today is the atrocious wire ,h
situation on Belle Meade Island. There is...
Mr. Plummer: Do you want me to.short circuit this:one?
Mayor Suarez: I thought you were kidding when you said short circuit. 1t
Ms. Reed: OK...
Mr. .:Plummer; Mr. Mayor, I move at this time that this City Commission go on
record urging the Public Service Commission to acquiesce to the request`of.-the
residents as :long as it does not include the increase of the rate payers of
this community. I so `move.' x-
4
• Ms. Reed: Thank you.
Sit+
Mayor'Suarez:' Moved and seconded as long as it doesn't... s�
Mr, Pluer:Incrasteratthe ratepayers Ynhes .�+
4 Mr. J'im Kay: Or the City of Miami government.
rl ayq� Sugroxt Of .this ° City. 0,
rlytnrper: Aren't we residents?
t .. r
MayorrSuareWhat:City are we talking about if not the City of Miami? sx t F
� �.
o
--
-
a r.k,$uargz: Sir• r �,��,.x,��
f 1
r
l
wi
Mrs. 96aftedys What'a your City?
Mr. say As long as the City of Miami is not involved in any Cost
• Rfferif,tial� ysa. ,.
Mayor Suarez= Or the City of Miami...
Mr Pluismer: I said the ratepayers of the City of Miami.
Mr. Kays Might.
Mayor Suarests Or of the City's own properties, you mean. I guess he meant of
the -City -On own rates. Call the roll.
The 'following resolution was introduced by Commissioner Plummer, who
imoved its adoptions
RESOLUTION No. 89-286
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE
FLORIDA PUBLIC SERVICE COMMISSION TO GRANT THE REQUEST
OF BELLS MEADS ISLAND RESIDENTS THAT THERE BE
MANDATORY UNDERGROUND PLACEMENT OF UTILITY LINES
SERVICING THE ISLAND BECAUSE OF THE REASONS UPON WHICH
SUCH REQUEST IS BASED SO LONG AS THE GRANTING OF SAID
REQUEST DOES NOT RESULT IN AN INCREASE OF UTILITY
RATES CHARGED THE CITY OR CITY RESIDENTS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote:
AYES:1 Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice,Mayor Victor De Yurre
Mayor Xavier L' Suarez
NOES: None.
ABSENT: Commissioner Miller Dawkins*
*NOTBs, Although, absent at -the time the roll was_taken,.Commissioner.Daakins
later..requested of.the Clerk.to be shown voting with the..motion.
Ms.:Reeds Thank you, thank you very much.
_ Mayor Suarez: Not bad., It's a beautiful island.
Mr. Plummer: Wait a minute, what happened to the AC...
Ms. Reeds That's later tonight. -
Mr. Plummer: Oy veyl
.. t
{
No. Reed: We'll be back.
Mr. _DeyYurre: Well, .bold it. I think we have a problem with that issue and; ref
don't: think. that ...it was ;advertised and it may not be gbla t 0 be heard a alb
17
so I'd like to get...r.,
>r r.. 'Plum, or's Well, -the Issue .:was merely" a mattsa>G• .of -this C isai4a urg ,is ' <t
�x.
xbs ; PSC,,;,ithat "waa a1Vwe're do, re didn?t ,take any action.. <;;� r �a 't'tsf
Ms. Judy Clark: 'Yes, you have no Jurisdiction...
a
his, Reeds .Vhat!s correct.
lfr. As Xuxret 0o 1t1+� 4 rho g 1iDg'-t9{ take ..a vole 9n�a 00VAtoriWn
NJM no not V Psi
t�at's..•. 1 5 fS i s41 Y I �d'iti„ i tt�v
t L, �a •+ r? '�"iT2 � fit _
No. Hirai: That's right.
Mt. Plummer: Now, why is
doasn't have the first one.
excellent place.
this
even
before us?
Because I
know Coral . Gablas
I
keep
suggesting
the Siitmore
Hotel Mould be an
Mr. Rodriguez: But Mr. Commissioner, my recollection on this was that you
were discussing at that time jails.
Mr. Plummer:: No, sir. That's also - you, you're right, that was the same
provision.
Mr. Rodriguez: I think you were saying there will be no more jails in this
area....
Mr. Plummer: Mr. City Attorney, is that provision legal?
Mr. Fernandez: No.
Mr. Plummer: Why.not?
Mr. Fernandez: Because you cannot impose a total ban on any of the uses.
Mr. Plummer: We're not, we're not imposing a ban. We're saying that...
Mr. Fernandez:, You.can limit and with time certain, you can specify by way of
moratorium...
Mr. Plummer: And how long a period of time?
Mr. Fernandez: That which you find to be reasonable in the exercise of,
Mr. Plummer: Subject to renewal?
Mr, -Fernandez. Could be.,
Mr. Plummer: Then, if I made a motion before this and I'm talking Citywide,
we will. not tolerate, any more ACLFs. for ,the .next;five;yeara. That's a
Mr. Fernandez: Noi not today. Today that would not be a legal motion.
Mr. Plummer: OK, but I'm at liberty to do that?
Mr. Fernandez: Yes, if after properly advertised.
Mayor Suarez: - Let's be careful when we get to this, it's not really today, 'I
justwantto clarify something. We just got. involved in supporting and
helping:.put_together an ACLF on the Blue. Lagoon area. It is -predominantly a
facility to be built for elderly. It does not have some of the other, kinds of
consequenges..in the neighborhood that we associate with half,way houses ,and so-
on, so we'd better be careful whitwemean by the kinds of uses that we�would '
sot, you. know, lke:to prohibit in pertain neighborhoods.¢
Mr. Plummer: Oh, that's no question and that's what I asked before because I
!. 3
said on„ the record, I could not vote if you were' cutting out social services,,
or feeding, psograuap..:. �r
Mayor, xSuarers' Yes. f'§
llr. Pluwraerj or, health programs and I'd 14ifferehtiatO Pori► ci4ri►, {
boalth., program ie not rehab,. progr+na, . • >, p° ` . ` 3' � � g �.
- -.: �
�
cv� i
Mayor $uaresc r 8xactly.
'� s y:� xr.i fati r .- 'f tr t" r - r , i y+Fr. �-�F•n re j�`rcc�.�`f{S �A
����
•+ f f: i y y;;�.i aye-+.��k+ 4 r �' ..
s P
Mr. Plummer* It is not a drug program, I'm talking about basic Medical
vaya,:, suar6st Yes, that ACUO as envisioned, Is just for elderly Who have
some dependents, so" medical tare and it's something that anyone would
appreciate it their neighborhood.
Judy Clatkt Well, we're looking for a broader spectrum than that, than.
just ACLr.
Mayor Suarez: You're looking for a broader, you may be looking for a narrower
6110 Is what I'm saying because I don't think you'd want to prohibit Adirs if
they're, you know, the kinds of facilities...
Mc Clark: What about in unspecific areas, what we were talking about?
Mayor Suarez: We're going to get into that at the appropriate time. r.
Me. Clark: OK.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Tes, Commissioner Dawkins.
Mr. Dawkins: While I was out of the room, did someone make two motions?
Mr. Kay: Yes.
Mr.- Plummers Reference.
'Wha
Mr. Dawkins': twere the last two motions?
Mr". ''Plummet i Us$ yes.
Mr. Key: 1have,one question.,
Mr. -'Dawkins: What, was it?
Mi. Plummer-: Pertaining. to the 'Underground' wiring.
'., 4,
Mayor Let's clarify the motions so that- we can get Com1missioner'a
vote.
Mr."Plumi6erf ;One'. Vasto the underground wiring urgihttfii '"PSC t6" con,84
their, request as long as it did not affects...
Dawkins:' OK I vote yea on both motions. A V-L
Mr. Plummeri. OK.
N'V
Mr. Kay: Mr. Mayor. I had one question with regard to the first motion on
security. Did that involve the erection of a guardhouse with - a gate,.of
security person?. If so...
Mr. Plummer: Well, wait a minute, they've given us a letter.
Mr,.-, Rodriguez:.: We: haven't ,raceived it.�'
- 2
Mr, Plummer: Well, give them a. copy of the letter that. there 'wore
provisionsinth-1 tter. They can't.'put a guiidhou a -on a, , pUbl IC rright
way".:
K "W 4 Z-;,
this- LA4` D6paiiii. n this 4s,"A -owe an _7,4 y only question a 14 UO t4on'., It to
st a
- with vit��,
.i' 0 0 o in Co Astruct 04 -4, 14,44
a' ga
Yyou, .1- I -A
ePa
:'-�clftlty what"
i9wA*di: In' Mi 4.1: X
wm
haven't, seas.anything but the answer Mould clearly e no unions
someother rights and grant them the public right -of -May.
Mr. Plummer: That Mould have to go on public property - on private property.
Ms. Clark: It's only a Swale, it's only a 10 foot easement, the rest of it's
private property.
Lt. Joseph Longuairas Commissioner, I believe what they want to do is either
monitor or control traffic going onto the island.
Mr. Plummer: They can't control, they can monitor.
Lt. Longueiras All right, how?
Mr. Plummer: How? They can monitor by taking the license tag number of the
cars that go on and come off, that's easy...
Lt. Lougueira: But they can't stop the people.
Mr. Plummer: You can't, not_ on a I explained that to them. That
differentiation between Bay Point where Bay Point own their own streets, they
can exclude anybody they want.
Lt.,Lou ueira: Do they or. do they not .need a gate? Because L'm.concerned
that .we're going to have to respond when there's a difference of opinion on
what. happens at the gate. We're going to end up having to mediate.
Mr. Plummer: Well, what's legal? What rights do they have and understanding
vhat,.,theyIre.,trying to accomplish is a good thing for their community. What
rights do they have?
Mr , Fernandez: I would • need to take a, ..further look ^at. . this, letter which is
the. first time I: see it. Commissioner.Plummer, and I'll get back to you
with...
Mr.Plummer: Well, my understanding of what is to be done by this letter.of
this Commission to the Metro Commission, is to urge them to have the district
election•:
t.0 iiV141+1VA. 1 aVA'L LIlaux LACr WVVlfi any. we {.V aoa-7vw. J.V VV YVl4G a,uiu� ;a.Vi MQ
was, illegal. Maybe, I'm mistaken, but it doesn't seem V14,ry logica�L;:
Mr. Fernandez,;, ,As _,Y ,said, Mr. Plummer, I would„ look .into : the a e7�i, y10#
'construction on the.pub],ic right-of-way.
Mr.' .Plummer: Well, filet's also read the letter. "Prior .to the comieeaoement
vf;
the p
roll uainary engnegring. work necessary,, 19,.::obtain
;eparz �tptte .;County Commission,_ this office. Public ,Works; will 're�gv�ire �A
City. of iot sequiriA¢ as; * aonditos,;g K 5
istrpir appaval, ; thA,.: fallowing... ". Now, you . itnQW, my scQtion
.obviously,, RL. To allow them to do anything that'# legal;
H
then th�ey�c
fin 't "do it,
a 1e all Mp 3.w*,�ltA
. ` >�e 1�/4�t to 0��4,j► �M�� nr yy��„ a�� r � iy " Y����
- �
_ i%.- s:y a {°'73 j r ��` 1 1a, _ s� w �; ` „t i r.; Y ':'� a f t �'`i Ay �? t"f F� a �,��•���•��'� ,
` t :7 sr '`•kill ry,;,,�%i`�tR�j`3�x.t �..
ab S t sy` t F `1k�.,r s r ^, r 'r t t. e z � �... ,.�- .^r th-�,•tar .r-`}4 �.
tile. Itiedt o norirsei 'but rie Haled your permission to even sb lu th,
t at;,we'rirh at this te+bnient. We already have the reaolution. �t�a merait`i
the i►ordifag _
Mr. plumeri All right, since this.matters going to have to come back, right?
Mr. Fernandazi Yes.
Mr. Xay: I think this matter should come back as a public hearing...
Mr, Plummer: Fine.
Mr, Rays to placed on the ballot,,really.
kr� ` Plummer: Fine.
t+r. Rodr'igueite 50 what is the action again?
Mr Plumert Excuse me?
Mr. Rodrigueat I'm not clear about your motion.
Mr. Plummer:- My motion is writing a letter to the County Commission backing
this "Situation for the election:
— Mr. For- naadezi Before they can call for the election, they have to have an
anever`'from`us as to the legality of being able to build the guard house.
Mr: Plummer: That's fine.
Mayor''Suarezi Is:: the idea to impede- the flow of traffic that would not
otherwise be ;from the neighborhood? I mean, I don't....
Mr. Plummer: It would monitor.
Ma,' Clarki' It's an' isiind��communftq... z
Mayor Suarez:, What is it... I mean, there are some guard houses+ I -can
„ ,
— of oils jin one part of Miami, °'I mean Greater Miami, not the:`;Citq' of Miami`
Mhere you' know; `it's there' /for' monitoring and` so on, but they. don't have any
what do you call them, obstructions.;
�4
Mr. `Piumitiers _ Gates.'
MayorsSuarezi Gates,`or,vhatever I'' mean; I don't know that we're. in a
position. We haven't done it yet since I've been around ,'here that pe're.;going"
to -close off a neighborhood like Baq'Point was:planned'and built
Ms. Clarki'`W611 Bay Point is privately owned:
INAUDIBLE COMMENTS NOT -ENTERED INTO THE PUBLIC RECORD.
: q ' � who. you plan to
Ma or`Suarez; I m aware of all. of that,,I just want to know
monitor and sto from going in there if that's what've're tr
Mr. Plummer: You can't stop anybody from goinQ,in there..
r..
Mayot `,Suareze t OX: So `if you hhde' a guard house and .you have barriers that{ I a }
are removable ; by, .you }cnoW, some kind; of . a armt "you; are ,:iatendiag to +�o�?fi}cxhe r
people that' the guy who's at the guard hose ' or. "the. person at'; the 'guard ;house'
doesn want pia ''there and 'that ' we have not dose .yet and I'm not ready
an doing that at, thin* point,
lr. �FiWsdlexs �"�You can't d4 that le¢ally `is '�ihat I'm vade�rsta4dng�s�YrWA
S
1y xr it 3 > v zty✓z i i Mn .
`This`" isSr• Salem• 4J} k l�`a i y��a"� 'y*^
,} F i t{.,y 'J x F '+. t t t a' f ' Y 4 r ? sue,. <✓ ". t x sP¢
� � x• � - e! .et -:i 4 Y. �; r 4• _y ti-.;.; , ;5 t c n f •+. ` � "9f* ;R!.ef.
!!x ; �11eR Sails ?ly same l is Alex Salem, .x ` five oneile' kle�+ia#� Sy
_41�i-P ►at , 'lS ye4ro The purpo4o "of thy" gua'i d #o .vo n theF � arRl�r'} r z
a�vp oayQa4 i'Mzo� +gaiag �tiA; to thA lii�nd. There ire tb►pughout`r �p tF
.i' amlorous t4�4ia .���t :lots .Q V
� � Q 4�'l�tg guard Att A' sad ���4�41 ��tPszc �S� � �
'" 7' ' f L 7t1 .+ l 1 5�°�,�rfs-."'a tom%• c
Y
t
di
la 6aii Hibiscus Island and so forth and others are applying for the; game:
mat happens -is, we need an area to construct a guard house so the guard could
—;,
undercover erith these gates that automatically operate by the guard of a
card going in.
Mayor Suarez: OK. it may be in effect...
Mr. Plusamer: Can't do that.
Mayor Suares: ... in other places of the county but since I've been here...
Mr. Plummers You can't do that.
Mayor Suarez: .:. we have not. ever, ever allowed the erection of that kind of z'
a guard house and barrier to keep...
Mr. Salami We understand that, that's why...
Mayor Suarez: ... presumably to permit or keep people out of certain
neighborhoods.• We just haven't done that...
Mr. Salami You're not, you're not keep...
Mayor Suarez: ... it's a policy decision that would require, I think, ample
Ca ission,discussion. If all we're doing is allowing the placing of a guard
house and that's all we had done with the motion, I think that no one has.any
problem with that.
Mr. Salem: We have to use the right-of-way.
Mayor Suarez: Vell, now, we're going to get to that.
Mr. Salem: That's what we're trying to get the permission to do.
Mayor -Suarez: Except the issue of the right-of-way, but we're talking now
about gates and telling, you know, certain people that can go in and certain
people: -that_ cannot, go in and I'm...
Mr. Salem: No, sir,no,.sir,,no,,air. We_.are-not, tolling, certain, ;people
.they -'cannot go in. I have to.,disagree with.you.
_
ttayor.Suarez: If you have a gate, the use of a gate is to tell certain people
they can go in and certain people they cannot go in.
Mr. Salem: No, sir, no, sir no, sir, absolutely not.
Mr. Dawkins: Well, according to "C," construction and operation of a gate
within,Ahe public right-of-way to egable, security: peraonmel- to; record
description andtag numbers of all incoming and outgoing vehicles:..,
Mr. Salem: Right, that's it.
Ms. ,Clark: That's all.
Mrs.; Kennedy: Mr. Mayor, -could we .have some input...
Mayor Suarez: We may not be ready to act on that. I tell you, I,`for. one, am = �'
not ready 7 to act' :on.:.that today at :,all, , so...
Mrs. .Kennedy: Mr. Mayor, I would like to hear the Legal Department'p
_
recommendation on that.
ter. erssaadez:.., :,fifes, , the; ,City ; Attorneys off ice back in 1907 issued
•
opinion precisely, on this .point and the answer' was categorically`. thatther's ` s'��^.�
could :be > no,,- structures -,ao building .taking place on yuWc ••rightTef�N��z$`t*t��
_
pursuramt to City Code eectioa 54-100. y And . I can reed to -you that+
sdp��;..:"R'.:.ity :.Ct:deips►ation• :5�►-1C0 provides .in pertint pzt tst{�z
building atr�lctures ok part thereof shall be eriscted atructu44y, ahte�sd� Z
, •
ahlarged.spr .fir teorsded e*9aC the base build 04 lase : tq sa�r#�+1►ph pD As
right:-og�• y, } N
3
1 !Y'y -yY�Tat
0 • y,57"hl��i�
ti
.
.� i• ?�41. �I�i �
Mayor Suarezt Presumably it won't be built on a bridge, so then it Would be
the county...
Mr. Plttmmert But, Mr. Mayor, the letter is from the county requesting.
Mayor Suarez: Then do we have, as a policy matter, any problem with allowing
the request to go to the county for a guard house to be built - not a gate,
— just:a guard house --to be built on t6 public right-of-way or not?
Mr. Plummer:: Well...
Mayor 1Suaramt And I'm asking the Commission, really, but you're saying it's
not even legal to ask, then tell me.
Mr. Fernandez: Correct,�it's not legal to ask.
low all kinds of things on the public right-of-way
Mayon Suareze Well', we al
all the time. We put barricades by ordinance...
Mr. Salem: That's right.
Mayor Suarez: We...
Mr. Fernandez: You will have to first amend, by ordinance, your Code and then
proceed..,.
Mayor.•:Suarez: I understand that the process will ;be :that .we will : have,.to ,have s
an,,:ordinance;:-right: OK. Commissioners, how about the policy question now?
This mould be. a guard house, it would be on public right-of-waq and they
would_:presumably `help to monitor'and;take,vhat.possibly the.:. L.suppose any
_ private citizen can take the license plate of anybody coming' into- their
neighborhood just by... '
Mr..,Plummer: Sure.
Mayor Suarez:,: ...,observation, so there's nothing illegal in that...
Mr. Plummer: But, Mr. Mayor, I think - you know, I could not vote that 4f, in
any Nay, it impeded the traffic. I could vote that they could build a guard ,?
house on the side of the road, OK? And that a stop sign would be placed there
in such an appropriate manner togive,a`:guard'the opportunity to monitor the
tag number. But not for a gate which would have:to bey:released up and down by
the guard.
Mayor Suarez:No, no, we're `leaving the gate out at`this.point, I think
that...
,1v r
Mr' Plummert OK, but as far... I have no problem building_ a. guard house Qa ,
the idel ;of the; roadr'a's long' as it: did not impede or in: any way be against '':'
�r
safety of ;.the s,�f
Mayor Suarers {< Was it your. intention for, the guard houoe to be pl`aoed; in the
middle so you would have to ga around:5it a..
1 f r 1 a+ T �7y�ts3�
Mr. Sslams Noi -no. , ,No,: sirs
yes
Me. Cla,rkt - No, on the side of the. road. 7 t
Hr. $aiedt: OK as you come over the bridge Mara' a on tha sw+al�e, thepB�`,d
p],e�tty o roots ao build a 'sort `qi a► : .: y r
.,
VIA
S Y ti 1: `i3a'�Hrfa -
i t
Mayor guarag: Why don4t *e', with that modification and with the clarifioatidil
have
r
faihic, M606 to reconsider the prior tobtf6A and at the same tune move to
this bs the 'motion as fib* proposed?
tr. Pissna That's fine with roe. -
payor Euarasert Do "i have a second?
Mfs. xeen�dyf Second.
Mayor guares: Any further discussion? If not, call the roil.
Mr. fernandeh= Motion to reconsider, right?
Mayor Suarez: Well, I thought we could do them all in one, but you're trying'
to get me to do one at a time.
Ms. Hirai: We have done it two in ons before. Yes, we can.
Mayor Suaraz: Motion to reconsider, yes, they always tell me... we got
parliamentarians all over the place here and now we need some people to build
some things.-:06 ahead.
Mr. Do Yurre: Before Me`'vote'l a question. Now, are we talking about that the
guard will in no way slow down the individuals?
Mr. Salem: There'll be a stop sign there.
Mr. Plummer: The -stop sign will.
- '
Ms. Clarks` :There is a stop sign already.
Mr._De Yurre: But he cannot - OK, but he cannot...
Mr. Salem: We're just moving the stop sign, that's all.
Mr. be Yurre: OK,''he cannot say, "Hey, hold it, hold it, I haven't. gotten w
your full number yet."-
Mi. 'Salem: No.`'If they've drove through, they drovethrough.'`
- x
Mr; Do-Yurre: OK.
Mayor Suarez: Call 'the 'roll on the motion to reconsider. :?
`The :following motion was introduced by Commissioner' Plummer, 4hw moved
its adoption::
MOTION NO. 89-287 '
A'MOTION "TO RECONSIDER PREVIOUSLY' PASSED MOTION NO:
89-285 'GRANTING REQUEST BY THE BELLE MEADE ISLAND.,
RESIDENTS TO CREATE A SPECIAL TAXING DISTRICT TO FUND
SECURITY SERVICES AND THE CONSTRUCTION AND OPERATION.
OF GATES IN THE PUBLIC RIGHT-OF-WAY AT. THE ENTRANCE TO
TH8'ISLAND TO MONITOR INCOMING TRAFFIC.'
(Note:` See Motion 89-288 and Resolution 89-2890
Upon being seconded, by Commissioner. Kennedy, the motion was passed and Y Sk
adopted by`` the , following vote: r+ 'w
_
AYE3'f ` Commissioner J. L. Plummer, Jr.
i lye
.-.
f
Commissioner Rosario Kennedy
-. Iasi
y Oommiaaioner1i11er Dawkins ' r t k tiA t
Yin4' Mayo Victor -.De Yurre y
'
Mayor XsvAer L. Suarez
1 � '� tk •ryp
ttAi
NOBS: None. 4f
P
Jl
Kok
Fa
F
t
Mrti itbdriguezi l want to make sure...
lisyor $carets As to legislative action calling for a moratorium, plehse.
Plerf Correct. I'il s6 move. There's no reason for you to come back
.
tonight,
Mrs. Kennedys Second.
Mayor'Suarez! Moved and seconded. Does that make sense now?
Ms; Clarks Sir, I`m still a little unclear, J.L. It has to be properly
advertised but S6rg16 said it was...
Mr. Plummers No, it was not advertised for action, it was advertised only for
discussion. �.
Mr. Rodriguez: No, let me clarify it again. It was properly advertised for a
public hearing. In the agenda, it's shown as a discussion item as compared to
a. public hearing.
Mr. Plummer, OK. I'11'move that the matter be deferred until all rules and
regulations have been complied with making it legal for this Commission to act
accordingly. I so move..
Mrs. Kennedy: There you go. Now we have it, I second.
Mr.'Plummers Damnt
Mr; De`Yurres Hold it. ;
Ms. Clarke"•Would it'be,possible to do that tonight? I guess -not.
Mayor Suarez: Moved and seconded. -'
Mr -Plummer: Huh?Yes.
Magog Suarez: It my entail changing the City charter, but... '.
r
Mr. Piummars That means you can see L. A. Law tonight. "
'Mr. 'De'Yurie: Sergio, doesn't it say here, legislation may result from City r}
Commission consideration of any discussion item?
'says
�i
Mr. Plummer: Still discussion.
Mr. Rodriguez: I'm not opining on that. I'm just telling you the facts than
e
'I' know; .. you know`. r r
Mayor Suarez: `:He doesn't want to give a legal opinion. Mr. City Attorney.
Mr.�Jorge Fernandez: ` No,'let me do this. Let me rely on the efficient...
t
Mr. Plummer: You don't like L.A. Law?
Mr: Fernandez: -Excuse sne What ever legal opinion I have given relative to
—{;
advertising Seeing that advertising and publishing of notice is not thee"
responsibility'— 'the City -Attorney; 1-must rely and give due deference to the �-
- '
administration so LU they represent to you that It has' been properly xr`='r;
idvertised'1`for ' purposes of taking'` action today, -do so, because they are ,r
_ s
correct. .�
—k
Mayor`Suarez: but you have to defend us In court If we pass,le¢ieiation
.Yes,
:SFr. r �.
a "Imp- moratorium; Now come 'o s, we need a lega1 opinion, C .,
.
today reach.', .
Mr. Fernandez, I. -.will, Ptak Mr. McManus who is responeible for vtipg�'. P.
`notice, y t :,het If he tells me "that he dial, thou I - asp . PP,%A. p_X
.dfid:` ,leg4i
y¢u �rould be yes.
i Y . L AS )•' a y t1` `( �s'.:.�.: `.
15 1z-tf- �N $ 1`
4 r . {✓r� i BM�jir�-
J 1 f)
tv
Mr. Plummer: Mr. Mayor, excuse me.
N
Mayor Suarez, Commissioner Plummer, yes. F
Mr. Plummer: I'm in serious trouble and if I'm going to ask, you,. know, it's
up to this Commission, financially I'm in trouble to make a decision on, the _
unlimited race. I would ask.for the same consideration on my unlimited race a_
of the waiver of the police and fire to be charged to the regatta, I would ask
thisconsideration. I can almost tell' you without it, I can't have therace.
Mr. Dawkins& So move.
„
Mrs. Kennedys Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll. '}
•s
The following resolution was .introduced by Commissioner. Dawkins,, who
moved its adoption: `-
.
RESOLUTION NO. 89-291
A'.RESOLUTION WAIVING THE FEES FOR THE SERVICES .OF..
_
POLICE .AND FIRE, RESCUE AND INSPECTION SERVICES
DEPARTMENTS FOR. THE.,I9TH ANNUAL, MIAMI BUDWEISER `�-
-
UNLIMITED HYDROPLANE. REGATTA ("REGATTA") TO .BE .HELD..: {
JUNE 2,1,4,:1989 AT THE.MARINE STADIUM.
(Here follows.body of'.resolution, omitted here andYi-
-
file. in the.Office of.the City Clerk.) 'F
{
Upon,_being•seconded.,by. Commissioner Kennedy,:,the resolution was passed
-
and adopted by .the .following votes z
AYES:. commissioner,J. L. Plummer,,.Jr.
Commissioner Rosario Kennedy
�s
Commissioner M.iller;Dawkins �r
Vice Mayor Victor De Yurre
Mayor. Xavier L. Suarez
NOES: None.'
.
ABSENT: None.
�r
Mr. Plummer: Thank you. ,-
22. GREATER MIAMI CONVENTION & VISITORS' BUREAU: Discussion
Mayor Suarez: Bon, the. Commission, I guess, you're here by .virtue cf
Coiasnission. action requesting: the appearance of the representatives p.f they .4z
reatpr .Miami ,;6nvemtion VfyaLtore. ,Bure;au on the.jssuei priup pplly,
of accountability.Lo the,, generaal public and openabss� , d sooeuggfco
public,
smd, prjvi�te ,pources of.. funding for �Oe agency. di� 0W.vti it %
i tK
some #ctipn eeterdy.4 ,..I don't, k ow if. ,.Co i®sio:►e Dal�ins tAa4 Prea4t �� �ff�,
7.
.w
: nw entire board s
.1<7g1f1j .. kr T' f" R .!FNQ�t i4_R 'p'1n ;�• �7�t'. 7,1'^f�: F 'e ♦♦ ��. r " t _
`
—I
1r, Aon ,l•p ons : J"t t4o,.:exaout ivn_- oo4,,
MY
S F
Mayor Suarez: OK. And might pant to consider having a representative of some
of the participating municipalities on the executive committee, I might
suggest. In any event, and we appreciate your coming and we know that you're
here essentially as a private citizen and not in any way as being compensated
so and we know that George Kirkland is not being compensated either to be
here, no we appreciate that too.
Mr. Lefton: Thank you, Mr. Mayor.
-
Mayor Suareat Slightly. For myself, I could say that I think you've taken
from what I read a great step in improving the relations between the Bureau
and the City and we want to continue cooperating. I know Commissioner Dawkins
wants to see if we can do something about that one convention that has been
;
apparently lost or changed their plans. In any event, let me leave it to the
_ Commission to ask you any questions at this point or if you want to make a
quick presentation on what action was taken yesterday.
_-
Mr. Lefton% OK, let me, if I can', number one, I really do welcome the
y`-
opportunity to appear before this Commission. I think maybe if somebody would
may, "What have - what really have you been derelict in in the past 18 months
_
that I have been chairman and George Kirkland's been president" I would say
probably it's not spending enough time coming before the City of Miami as well
as the Dade County and Miami Beach in order to tell them what we've done. You
know; maybe we're prophet without honor in our own community and I think it's
- very important because I think that what happens, which is what has been
happening, particularly in the last month or so, is that stories and articles
appear in the newspaper and they are taken out of context. Many of them are
'.
erroneous and it's unfortunate because once that happens, it just seems to
pyramid and snowball and then all of a sudden we're looked upon as the enemy
a
as opposed to realizing that this bureau is nothing more than a creation of
�-
our interlocal partners, which is the City of Miami and Dade County and Bal
=;#
Harbour and Miami Beach and that the success or failure of us is directly
- related to how well it benefits the other communities. If we're successful,
;-
obviously, that benefits'Miami and Miami Beach and Dade County and everybody
else I varying` degrees. So I can only tell you this, that what happened
yesterday and whatyou're' alluding to, certainly in the newspaper; 18with
regard to public and private and openness and not openness. Let me `say to you
—. as we said to the newspapers when we finally worked out an accord. -From day.
one, -our 'bylaws, as of 18 months" ago, were changed and our interlocal.
- agreement reflects the fact that we have a board of directors consisting of
'
some 40 some odd people which includes a representative from each one°of our ".
�.
_
interlocal partners, including the City of Miami. They are not only invited
but they are urged to attend our meetings.
Mayor Suarez: Don, to cut a little bit through the presentation, if I may
that representative, in our case, is Commissioner Dawkins, and he informed us
f
'at the last meeting that he did not have access to all ' of` the books of.,the
Bureau. I presume that that, as of yesterday, that mould not be the case?
Mr. Lefton: I would tell you that as of 18 months ago it wasn't' the' 'case.
Every member of our board of directors has access to every single thing' that
the Bureau does and has from day one. We...
Mayor Suarez: But you don't discuss it at the board meetings, you expect them
to come in and look at them - well, any how, let's just get to what . you've
done as of yesterday and forget past history.
_
Mr. Lefton: Yea, but it... yes, because I think that's maybe. it's &':moot
point now. But what happens is...
r
Mayor,' Suarez: Right`, I'm hoping it is.
Mr. .Lefton's. OK, then -I think no, really.' What happens is, we have= a 'roj
'6i'4 work. A ro ram' of -work is `nothin more than- our whole `mark,.tin $'f
game plan `set � t rth how much money ` we
expQct" to 'receive and s ths}t s e do
the beginning of the"'year.' That was done in Septem6er•of'1988 and`.
that ,vexe' given to ,every board member,
you know, everybody►, taalu� ng all
;our interlocal'pastners.
Mayor '}Suarez;. ' But; ` obviously;` -those'
don't always have a relaiionih p
reality. We're„thinkipg in terms of,the
books of the ageAoy.._=. ;;
t - 4X _
Mr. Lefton! Yes. No, except that I must tell you that when I heard about the
fact;thit.-there was some discussions about the fact that they were not open,
can tell you they are open. Now, do we go up to each person and say, here's
what we have...,
Mr. Dawkins= Sir. —
Mr.: Lefton: There is no member of the board of directors, as In any r'
corporation that does not have access completely to everything we do, and
Incidentally, that's still the same today.
Mr. Dawkins: All right, when we formed this board it was formed and you:said
it would be two pots of money. If I'm in error, correct me now...
js.
Mr.,.Lefton: I sure will.
Mr. Dawkins:_. And that the public sector we would be have access to ,and know
all about but the private sector would-be net off on the side and would be run
by the quote, unquote, the Bureau. Is that a correct statement?
Mr. Lefton: That's correct.
Mr.. Dawkins: OK, so then therefore, I did not have access to. the private
sector money as you standing here saying.
Mr. Lefton: No, no, what I said to you was that every member of the Bureau,.
which is every member of the board of directors, has access to the private
funds as well as the public funds. Everyone of it.
Mr. Dawkins:, I'm finished with that, Mr. Mayor. I'm through with that.:;
Mr. Lefton: And that has been from day one.
Mayor Suarez: OK, as of now, does every member of the board and does :this
—
publicagency,, the;City of Miami, have access -to and will we get to review all
of - or an accounting of all of the public and private sources of funding for r
the agency and expenditures from each -of those funds? t;
Mr. Lefton: Absolutely, past and present and future.
Mayor .Suarez: OK, I'd like mine as soon as possible. When can it be made..
available .for my. .review?,
Mr. Lefton: Well, it's made available at all time. We have all the. books and.
Y
records. , :,
Mayor -Suarez: I;hope you can make copies and ;get them :to my office and;thoser_
of the.Commiesioners as soon as possible..;''
Mr Lefton:: Well, I,_ you know, we will make copies of:, whatever we can and ' a
obviously there is volumes and reams of all the expenditures on a day to day. '
basis and...
Mayor Suarez: We'll take summaries, Don. `
Mr, Lefton: Good, you'll get them. ;f
Mayor Suarez: an you. rY
Mr, Lefton:; , .Be;:glad to, do it. Let .ate, ; if I: -can, also. comment, ..because
really - the idea is not to really be controversial, but we;.don't stand tosx` Y-
gain by -:.;that, Is., moan ,,we really don!.t.:;. Which is what we did rhen.ae 'met_`pit
the Miami Herald and the media. And we said to them this, we said:, "Look, I "�
mesa, iMs,:-very,impoytont;• that you,see all of these, things and we .'uaderota�bd`; J
the media's right to know," Our concern was about certaia sensitive
Hoch sa dl4cussionsNand-Aegotiations about future conventions :coming',into our'
Clty or some personnel matters. And that won. the :only place we '.had
dial Qt ;pppacera,,�nr�d =: ;think Me have worked out' accord and comci llatioay; with $ `x'h�5 —
them because x ;think they�re sensitive to It and I don't think l�at th4y aauld`, Y <, ^
paint. lttt-Kiiioh,th4ysthought Nas:,goiag .o hurt us,�
Owypv,,Opilrow:t'm-sorry, Fommissionor Dawkins
1s+cn+
tl r V 4.1 ft4. it"J4ry _ _ r �
Mr. Dawkins: One more question.
Mr. Lettoftt Sure.
Mr Dawkinst Mow Can I monitor the sale of hotel rooms to ensure that this
sidb`of the bay is sold as aggressively as the other side of the bay and that
small conventions be given to this side of the bay just like large ones are
,4
given to the other side of the bay?
Mr. Leftbns Mr. Commissioner, let me, if I can, first of all, tell you what
because, obviously, we were concerned about that and it was inquired about at
your last meeting also. We're very sensitive to it also because we think that
It we're going to truly represent greater Miami, it sure as heck better be
greater Miami. As of now, as of today, for the 18 month period of time, the rr
time since we took office, there is approximately 213 bookings, total
bookings, that's bookings into the Muss Convention Center and the Knight
Center as wall as the individual hotels. Out of that, there's approximately,
_ and these -are all projected figures, economic impact, of some $382,000,000.
Out of the room nights, the total room nights, that were booked, the City of _
Miami rooms gets about - has thus far gotten and will be getting, a 42 percent t
of all of those room nights, City of Miami Beach gets 54 percent and the _
undecided area is 4 percent, which is airport areas and Key Biscayne. We have
also gone to the City of Miami hotels, the Inter Continentals, the Hyatts, the
Marriotts, the Omni, in my case, because we operate it so we know, and we've
also gone to them and made sure that they feel as though they're getting, you
know, certainly a fair share and, if not, more so. And I believe, you know, ;
they will attest to all of those things too so I think it's being done. If -
you're.asking for a day by day or week by week accounting, we can certainly do that so that everytime we book a convention, we certain can give you the
— breakdown as to what hotels are occupying or what facility they're occupying.
Mr. Plummer: Question... - 3
'3
Mr. Lefton: And be pleased to do it. Yes, Mr..
Mr., Plummer: Of the 342 - was it 342 that you said that have been booked.in
the 16 month period?
Mr. Lefton: Two hundred and thirteen bookings.
Mr. Plummer: Two hundred thirteen. Were they all exclusively booked by you
or were part of them booked by the City of Miami Convention Bureau?
Mr. Lefton: Question I ask all the time. Incidentally, the City of Miami zf4
Convention Bureau handles, from what I understand, really not necessarily the
booking of conventions as much as the trade shows. But everything, al1`the.
213 were booked by the Convention Bureau. That does not have 'anything
whatsoever to do with the fact that the Omni Hotel books their own and` the;
Inter Continental books their own. Those are all in addition to it.
Mr. Plummer: Don, very clearly. Are those 213 exclusively booked by the
Greater Miami Convention Bureau?
Mr. Lefton: Let me ask Mr. Kirkland who's sitting here; he probably can.
answer better than I can.
Mayor Suarez: That, by the way, is the same question that I've requested psi
answer, to by ,memorandum, I think, -was sent to you or maybe to... I think it, ��
was to'Rob Parkins on Miami Beach and he probably... George, would you.,. r
Mr. Plummer: 8xcuee' me is Mr. "Pajares here?
Mayor Suarez: Yes, Tony's here.
Mrs. Kepsedyt Ha was here,
Mt:. Plummet s Where is Mr._ Paj area?
Mayor Suarez: `110s here, he's here, right hero.
i
Mt, Plumper: OK
- M+z f nj r ,r'rF3
a
y .
f
i
Mr. Qeorge Kirkland: The production standard, number one, we publish on a
teonthly basis a delineation of everything we've booked, everything that t6
pending and the decision data and everything that we've lost.
ftatj6ft§ as to
c6nmdtionsehave beentobtainedhat, by tor lost isdvery veryaheipful in giving ana
ride
I saw y p
of the kinds of things we have to do.
Mr. Kirkland: Each and every one of the items contained in that monthly,
report is a piece of business that has emanated off of our sales lead.
Mr. Mummer: OK.
Mr. Kirkland: Exclusively. t
Mayor Suarez: Mell, we don't have, as an idea, and I guess it's not easy to _
determine, when is a booking is obtained by efforts of the Bureau or efforts
of the City or efforts of...
Mr.' Kirkland: tie track it back if, indeed, the business emanated off of our
sales lead ''and there's a paper trail. We send out the leads, we generate s
about 70`sales leads a month. It's pretty well defined. I think there's very
little confusion amongst the minds of the hotels. Really, the bigger issue
earlyon with the program was, a hotel could have also been developing the
sales "lead and there could have been a conflict with regard to that part of
` ,yg
Mayor`Suarez: Yes, and by the say...
Mr. Kirkland: That doesn't exist any more though, I don't believe. 1
Mayor Suarez: And for the benefit of the media, as to our own booking
component- In the' City headed by Mr. Pajares, they have instructions' when we
pick up'a 'lead and we begin attempting to get a booking to notify the Bureau
and we always work with the Bureau`. Do you have the same policy via a vis ilia
City's`.booking?
Mr.` Kirkland: `Oh, sure.
Mayor Suarez: I would presume you do.
Mr. Kirkland: Most assuredly...
Mayor 'Suarez: Is that built into the interlocal agreement?
Mr. Kirkland: I don't believe that it is but as a'matter of course, we' have
always` had that relationship. As a matter of fact, Tony's had some of the }
people on his _sales staff attend our weekly sales meetings and that sort of.
thing so... _
Mayor Suarez: And, hopefully, with very fevr exceptions, we don't try to
cannibalize' or take away' conventions` that have already been obtained by the' }:
other booking effort.}
Mr. Kirkland: I don't think it's ever happened.
Mr.' Plummer; Let' me ask Tony.' Tony,` in the" list fe months, how:` many- f �
conventions' have you booked through gour'Bureau? Nk
+f _
Ton Pa eras The re ort that I'have from my department the'acco' { Mr. y j p � uataB n "
die that I have,'ass 51 groups,
,, ,•
Mr. Plummer: Fifty oae groups. -
11 zr t.
Mr. Paiarea: Fifty ohq groups.
Mr, PlV= r: CK. The other question, Aou, to you,• I'm aaauni ag, ► u r�c�c L .
ale `if Tip wrong = that the bookings of the` hotel room which yQu VA
gape iih i tl► ; �� r � ,
of �i etni 42- percemt,
C�% '•t S'� i e '�rt ; .t + :�u t }�>. r4�, �' �� �}Lff�i �3�
Hr. i.ettoai.� That's
`{ t ;..tfii'f 4 9 {.`• °k, ; A .i si .ix i 4t;� e;>+�ja.' -
ral ir� —
�X
� u
z ( s
140
r`
Mr. Plummert
... were strictly from those
213, not any of them that Tony had
booked from his facility.
Mr. Lefton:'
Strictly based upon the leads that we initiated and booked
totally.
Mr. Plummart
OK.
Mr, Leftont
And ona other thing I see here which I had asked them to put
down, because I think these are important
questions that I think everybody's
entitled,to know: Out'of the 213 bookings
in the past IS months, 103 of those
have•been in
the City of Miami, 92 on Miami
Beach, 16 undecided.
s
Mr. Plummer:
OK, but for the record, there's
no duplication there, Tonyfi-
Mr. Pajarest- No, sir, not that I know of.
Mr.' Plummert OK, I only have one other question, Mr. Mayor. Don, I have an
area of concern and I never use the morning tabloid as gospel, but I have a
concern -where I read that the agency which you are chairman of has applied for
a $1 million dollar loan. That normally indicates to me, government
operation, that there, was some poor planning because we, the Commission, can
be removed from office if we ever end in a deficit. So I'd like to know why,.
if•that application is true for a million dollar loan and why was it. created
theeneed for a loan
Mr. Lefton: Unfortunately, I don't think I'm that lucky to be removed in the
event we and up with a deficit. Let me, if I can, tell you, what, in fact,
took -place.— Number one, it was not a million dollar loan. What happened was
that. -we have and have been booking..c when we moved into our new .space _.e..
first,of all, let me get one thing out of .the way, we:have a $300,000 line of
credit,, always have, and that. takes care of our operations seasonality. so
that, -obviously, we have more businesscomingin during.our Februaries, March:
and April: It. doesn't reflect until closer to the summertime so_we-need-:-that
to tide•us over andwhatthatdoes is we take it.out and pay it back.. We took
out`a.,$300,000 loan the same as we -.have done every single year and we take, out
a portion of that and repay it. So that's $300,000 we have, by way of a loan.-
`4
In addition...;:
Mayor Suarez: Don, as you answer that, would. you also answer `and "maybe
suggest how -the 'board 'could oversee any expansions of existing,- lines, of :.
,suggest
because most boards'of directors approve any kinds
of lines of credit of that magnitude and any specific short term loans to
cover ghat -,may be-w difficult moment in the streams of revenues. But whatever
you did in that particular case, I think the entire board should be apprised:
of those, notejust the executive committee.
� 1
i Mr. Lefton: The whole board is apprised, that's in our program of work anyway:
- at the.,beginning:of the year. So that was done every year, it.is planned for `.
every year, it is anticipated every year and it is in our program of work. I '
happen: to :agree with you, if there's any additional loans to come up during
the course of the year, I certainly think they ought to be advised about it:
Particularly ones that are more than just insignificant loans to take us over
a period of time. But I'm talking about something substantial We are within.'
one percent of our budget as of right now, Commissioner, based upon'as'of the 3,
end' of February. We recognized a $400,000 lose which was only. an accounting
loss because of the fact that the bookings that we have for our. rant arti. not ,F'?
cash bookings because of the deal that: we worked to our new offices does not
require. to pay cash for that period of time for next several yearn or so.` But:
our accounting department, in going 'through our records, advised us that r14
fo
:accounting: purposes, they ;must' be shown_' as , an .expense and .they; ; plus` be
recognized albeit the fact that . we :don't' pay cash: for: it
sudden, wehad a ` $kOQ, 000 quote expense which was, an accounting epiaaps that
w4; did not .anticipgte'at: a11.. _ Than what,happemed, : ia. addition`;t9 that, ie�`we E,;fs
+
had a loss of some $200,Q00 because. or ginally pe would .i llocete .03{QO�QQti
the County, Aade County,rto`tak4 care of their spatial event$ and they Game iA�
and they requested and required additional :$200,000 oven though we .had
:bn;am or,ogiethem:
=it. : /hu �wee uiredF,that. w4eSivasudden' tothslj
Htlhtr. bro4u. r�;...W{ Ieuhad � budgeted; - $175 ,'�QF to be �,:ArothX . $ �7M,p
Atatead.tof �i75,000rank.
A .��
�rWt- z
its i sue.
us at the time vat, l think, $75,000 so there's another $100,000 there. Mon&
of those were done by virtue of loans. The only loans that we have on the
books is the loan that we have to cover us by virtue of furniture. We
allocated $300,000 which Mat in the program of work at the beginning of our
year for furniture the same as we would in any company for Capital
expenditures because we know that it would be and take approximately that tweh
money, That's advertised over a period of five to seven years as a capital
expenditure but we took out a three year loan so we're amortizing it over
three years as opposed to the useful life, which is five or seven years. So
that's basically what took place. We have a $500,000 loan which is our loan
on a three year term for furniture. We have a $300,000 loan which Is ` our
revolving line of credit for purposes of operation. And, incidentally, all of
those + the only unanticipated...
Mayor Suarezt I promise not to give you a copy of the transcript when you
tried to explain the loan for your office rent because it really didn't make a
heck of a lot of sense, but probably,, it is an accounting issue and item and
God knows exactly what it means. I don't know that the Commission is going to
Want to delve more into that. But all of those are substantial, Don.
Mr. Lefton: Oh, it's no question about it and all of those are...
_ Mayor Suarez: And just to give you an illustration of what we require of
agenciesthat 'are directly responsive to the City or that must respond
directly to the City, we require that any line item change in the budget - you
called it a plan of action or program of action or something else. We call it
a budget. A proposed budget for the fiscal year in question. Any line item
change in excess of $5,000 is typically the rule of thumb that we use, must be
approved 'by the City Commission so I would hope that your board and certainly
would be apprised specifically, not just sort of thrown into a package of
changes or modifications in your plan of action, but what I'd actually be
asked to be put to a vote any, you know, applications for any financing, short
term, long term, line of credit, however, to cover, you know, any major
changes in what you call your plan of action, your program of action, because
It's really the way to run a system, particularly an agency which I consider
to be public. I know some people think it's private and certainly has some
public blements to it and qualities to it.
Mr. Lefton: Mr. Mayor, I agree with you, incidentally. But the items that
I'm talking about, this is our program of work that I'm talking about and it's _
a two volume, very extensive thing dealing with finance and administration on
the one hand and sales and volume on the other hand. this is published at the
beginning of each year. In our case, it was September.
Mayor=Suarez: You know, Don, I hope to...
Mr. Lefton: I know, I know.
C Mayor Suarez: ... I hope that you don't have to have a volume that large for
® your budget for a $4 million dollar agency. I mean...
Mr. Lefton: I wish we didn't either, but it's - but we do.
Mayor Suarez: ... it's a...
Mr. Kirkland: Mr. Mayor, you know, if I could say one thing. Every single
dollar...
,,
!Mayor Suarez: Well, if you want to say something on the mike, Geor8e, .I: ,.
mean..
Mr. Kirklarid: Not every single dollar, public and private, spent by this i Est
Bureau, every single dollar is right here. Naga:
Mayor -Suarez: Well, what it may be telling me is that...
x�f
Mr. Kirkland: `'And it's approved in September. .}
Mayor Suarez: When other agencies -`have What We, call line item:: � �
appropriations and budgeting items, that we deal wit
h things that ate $si4y
1'atge and 'riot dart of the miniwist items but unless you have- ..ovary
pencil you purchased in any one year in that program of act qa What y��►'��►il k? �} �� `.
7 i 3
.70
�
G
that, if that's supposed to be a budget for a $9 million dollar agency, that,
to me, it's totally unwieldy and unusable almost in that site.
Mr. Kirkland: Mayor) you know...
Mayon Suaret: .I mean, you may be spending a lot of money just producing paper
is what I'm telling you and I don't know that anybody can digest that. I hope
your board has a lot of time to go through that budget.
Mr. Kirkland: The board is given each one of these. We walk through with
them. We have a retreat once a year, we go through for a four hour
presentation of the information contained therein. The most important
element, certainly, is the budget but equally are the goals and objectives, r;
what do we want to achieve, what's going to be the return....
Mayor Suarez: Well, but we're talking about budgeting, where goals and
objectives and all of that is...
Mr. Kirkland: I understand that, Mayor, but, you know, you have to spend the
money to achieve your goals and objectives and this is how we drive the force
to see if we're going to get a good return on our investment. -
Mayor Suarez: All I'm saying is, I hope that's not your budget that you're
holding up there.
Mr. Kirkland: This is the entire program of work, every dollar spent by.the
Bureau; part, of which, is the budget. .
Mayor Suarez: I hear you on the program of work. I hope you have a smaller
outline of what your budget is and readable, intelligible for lay people.as
ourselves. z:
Mr. Lefton. It is, Mayor, it's one section out of it...
Mrs. Kennedy: Don, is....
Mr. Leftont.,:..._and just one other thing. I:'m sorry, Commissioner,,.but we
also. have -an audit at the and of the- year- and our .funds are : audited an,Cthat =
is. public funds as well as private funds and those, also, are open to:you.
•'t y""'
— So, we have the same concerns about making sure that we have checks. and '.
balances.
Mrs. Kennedy: I think.:I heard you.say.when you were rattling all the numbers ..
that you have half: a million dollars that you give .the-, County. _for'special;
events. Well, this is one Commissioner who's going to be knocking at your.
doors for°especial events in the City. tf
�■ Mr. -Lefton: I was afraid you were going -,to say that, Commissioner.:
Mayor Suarez: _One last, thing, we have a very nice looking brochure that I
think was delivered to our respective office in the last couple of days that
promotes Miami and I presume that comes from your agency, does it.not? Black r,
one with the name Miami on top?
Mr. Lefton: You, the one'that we just...
INAUDIBLE;COMMENTS NOT.ENTERED.INTO THE PUBLIC RECORD. r k
Mayor Suarez: That's ourbrochure. r,r�
44.
Mr. Lefton: We almost got credit for something for the first time In'_our
lives that we didn't do.
!Mayor Suarez: Well, I was about to give you credit for a very nice looking �
brochure.
.ram
9
Mr. Lefton: Thank you for trying. `
Mayor Suarez: How much did that... I won't ask.how much thit cost. L'
' >STi taw t�"�""'• _
Mrs.' Kemnedys No.
—
{ —
:�Ycns*P.�6'i�iCk�i7_'.
_ ,.t�,:,d;n. ate?•-,'t+a ' ^�As�Z<riiwa t
Mayor guareat When are we going to get the promotional materials that we were
supposed to be seeing on the City of Miami that we were talked about, Ve were
tole abort at the time of the approval of the ihterloaal agreement by your
fits attorney
Mr. Lefton: Which one of our fine attorneys?
Mr. Plummert Well, Tony, - Tony needs to answer that. Because the last tithe
I inquired# I via told that it was still in the process of being produced.
The...
Mr. Pajarest Commissioner,- I received a call from, Mike Collins from the,
Bureau saying that they're finalizing the blue line and he should be back to ;a
me this week or next week with the final text of the brochure. y.
Mr. Plummert Can we see it? + `'
Mrh Pajarest Of courde, absolutely, absolutely.
- Mr. Plummer: OK.
'xy
Mr. Pajarest He's finalizing the blue line and then...
Mr. Kirklandt You're talking about the Knight Center brochure. The delivery
date, right now, I believe is April 18th. We have gone through blue lines
twice -now, however. Obviously, we want to be sure that Tony and his group
sign off on it so if there are - you know, when the blue line comes.back and
It goes:back for further revisions, if there vas something wrong, obviously it
will -be corrected. Butrightnow, it's supposed to be April 18th.
- Mr.::Plummerr If it does, we'll beat Tony.
MayorSuarez: I hope, once again, that all of the .'agencies involved in
promoting, greater Miami begin to :use materials produced :-by:'other ageneiee.,and z
- do not -pay public relations firms and marketing firms and whatever the firms: r
are called than produce these items every time, over and over again. There
are many;lmany.':things that are useful and available and that can :be.shared.by'
the agencies. That is a very nice brochure that I was given. I don't suspect
you....,.:.
Mr. Leftons I've never seen it, I'm not aware of: it at all.
Mayor Suarez Department of. Development. put it together ;:Herb ,_.maybe.we'.ought
_
to.getit quickly over there. Maybe you can avoid some future expenses.
Mr. Leftons I agree, I think 'there 'should:.bo'coordination with it. We just
produced a Destination Miami, 84-page book that came out in January, comes out
quarterly and :it talks about .,the:; entire 'area.' .°: •Those'_ things -,have got to' be
coordinated.. If we.. don't- have coordination there, ve're going to be
duplicating everybody's efforts. t`
Mayor Suarez: Thank you, Don. Any further questions from Commission? Thank
you.
Mr. Plummert Thank you for being here. $
Mayor::Suarez:° Mr. Kirkland. too; .George.
_
7 a
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r
.. 1 Si h.. k{th• �yy�:
u r l
( "�7F�, �•;•`#• J'Y`+^ P K}Ty,(T1{RyY'A.'kf'�1p _
IS. CONDOLENCES TO FAMILY OF MR. In ARTHUR LAWRENCE (See related label 31).
.r
Mr. Dawkins: Mr. Mayor,
Mayor Suarezi Commissioner Dawkins.
Mr. Dawkins: I'd like to offer that this Commission pass a resolution for the,
family of Mr. Lawrence who was killed down there in Perrino by alleged drug
sales and as we pass this resolution, I'd like to put into the resolution that
from our what is the fund we got, J.L., that we give rewards?
Mr. Plummer: Well, we never had a fund, Commissioner. That was what we had.
always done was to allocate X number of dollars for a given period of time for.
the arrest and conviction...
Mayor Suaraze For information leading to the arrest.
Mr. Plummer: No, the key word was conviction.
Mayor Suarez: You, but information leading to the arrest and conviction..
Mr. Plummer: Correct.
Mr. Dawkins: Um hum. OK, well I'd like to move that we pass a resolution for
the family of Mt. Lawrence and that we set up a $5,000 reward for information
leading to the arrest and conviction of the murderers and that the reward
would expire December 31, 189.
Mr. Plummer: I would suggest- that you do it -effective September.'31st and, if
necessary, renew it. That's the budget year•no it doesn't have to be a
carryover.
Mr. Dawkins: Accept amendment. r=:
Mr. Plummer: Second the motion.
Mayor Suarez: So moved and seconded. :Any discussionT Call, the ;roll.
The following resolution was introduced by Commissioner Dawkins,. who''
moved its adoption:
RESOLUTION NO. 89-292
A:RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF LEE ARTHUR LAWRENCE, UPON HIS DEATH.
(Here follows body of resolution, omitted here and on
file in the:Offics of the City Clerk.)
�. Upon: being seconded, by Commissioner Plummer, _ the resolution .was passed; 3j
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller Dawkins j5
Vice .Mayor Victor De Yurre y
_1 Mayor Xavier L. ,Suarez
NOES: None. f�
A$SFN: None,
1 f s"9teff. ^ . Meyer Suarez: Yes,►ake . sure, that $eptomber . is reflected as ` h�:viaE0 day „a=Sr-
ualess,we have a special year this )rear. kf,Y
81um�eri l�mnart ans.
si 3 J
r
i; t n
Mr.De Yurret files,
the administration
few veeka ago.
t'd like to get an update on this Overtown Task Force from -
that was proposed when we had that meeting in Overtown
Mr. Sergio Rodriguet: Mr. Watson will make a presentation on that, sir.
Mr. De 'Yurret What's that? •'
Mr.'Rodriguez: Mr:`Jeff Watson will make a presentation on that.
Mr. De Yurre: ` OK, great.
Mr.- Jeffrey Watson: Good afternoon. Basically, it's not a detailed
presentation to be made. The task force was conceived and thought of by.some
members of the Overtown Advisory Board in reference to having a monitoring or
coordinated' effort with respect to projects being undertaken in Overtown at
this point. Two representatives of the Department of Development,
representative'of DDA and a representative of the Planning Department was.
recommended` to be assigned to have some sort of priority in those projects'
going 'oft in Overtown so that there can be some staff and technical expertise
with respect to the coordination of the departments and support of those
projectsbeingundertaken by different individuals.
Mr. :Do Yurret' So you're telling me that the situation we're in, -we're; going:.
to give essistancw,by..naming key people in the City administration to: give.
assistance-too`the community in Overtown to deal with the projects that are
being developed.'
Mr. Watson: Exactly. ...
Mr..De'Yurre: Now, have these people been assigned already to this task?;
r:
Mr. Watson: Well in effect, the discussion is supposed to -lead to .them being" =2'
assigned or`:at least have''it a''priority in their different departments•so'that
they can have leeway to deal with different meetings and discussions and.
planning organizational sessions going on with respect to those projects".
in effect, we hope 'this is what this discussion will lead to.
Mr. Rodriguezt They have been assigned.
Mr."De-`Yurre: They have been assigned already?
Mr. Rodriguez: Yes, as far as the City is concerned.
Mr. De Yurre: As`far as you're concerned.
Mr. Rodriguez: Right, the Sabrina Bouie and Shawn Toppe.
Mr. Do Yurre: And Clyde Judson.
f` y. !�w
�!r Watson: Yes Cl de Judson DDA:
Mr, r De rYurrb: He'a also .been tit�sigaed
r tis
!!r. 'Rodriguez: ' ", a.'
Mayor. Suarez:' .,I# we =have... we'll, if �04 havpa't..`� 1f Wo 2�4ve
1 s 2 r fi` At�i1fi
LA': DDA, we'll be zux4'to if that's the Gommissiom'a
br��►�dyf - .9 whrnp 'are vy BoiA�,. `tO rQpOrt?
S� 'J's^d- ^•5
f5
ter. ilatt ont To the Manager.
Mr. Rodrigues: They will be reporting to Jeff Watson and through Jeff to the ;.
Manager And there will be - and then the Manager will be reporting to you All
is to hov'tar we have been able to accomplish the outlines of the program that
we have in mind of trying to get things moving in the area and resolve the
issues As they come Along:
-
Mr. De Yurret We don't need any resolutions, it's already in farce...
Mr. Rodriguezi Yes, the Manager is established there already.
Mr. De Yurret ... so we can look to these individuals to get information:
Mr. Rodriguezt Sure, to work.in this area.
Mr. De Yurret OK, thank you.
Mayor Suarez: Is there an problem, Jeff, before you leave the mike in getting
-
us'a - trying to compile a list of all the things that we're trying to carry
on at the same time? I know it's a lot of things, I don't want to make any
Mork but, you know, if we could at least have a map with the... you know how I
like those things to show what we're trying to accomplish. That would~be
helpful to the Commission, I think.
Mr. Watson: Sure.
Mayor Suarez: Thank you. Congratulations on getting the streets resurfaced
as quickly as that was done. That's the quickest I've ever seen the City move
in any infrastructure item in the history of this City as far as I can tell.
27. STATUS OF OVERTOWN SHOPPING CENTER;' PERSONAL APPEARANCE BYDR:` BILL
PERRY` concerning various issues: (a) Mini -station for Overtown; (b).
Property at 5th Ave:. - and lath 'St.-, (c) Proposed' --location of new
administration building in Overtown:'
E
Mayor�Suarezf` Overtown Shopping Center, how are Me doing on'that?''You told
Us that within the'next three -days, I think, the' last time `we were ,here:"
-Mr: Ron `.Williamsi` Three,- three months,' Mr.'Mayor.
Mayor Suarez: Seriously, I was told this week that we were about a'. month
away. -Is that a...
s�
Mr.'Williams: That's very close, -Mr.:Mayor.
Mayor Suarez: I think it was Howard that told me.
Mr. Williams: Yes,' we did meet over there with Mr. Gary and his people and
went through the entire interior of it. There was one item left that was
bringing the freezer up to par so they could use it and we basically got that
under control at this point. We've received all of the bids on .all of the
external, structural -items meaning the windows, the doors.. -If you've visitod
f°
there you can tell that we've finished all of the other exterior painting and
—
E
cleanup related. We' have received bids on" the" fencing so essentially, we are
—
c
asking that the Manager will use his authority toward those on an' emergency
basin: I'Nould'think that the Mifiager, sensing your urgency on, that will takt3 ,;
that action. We will then award.those and we are certain in 30 to:45 days ve
i'
shouid have all of 'those 'things . completed.
—
i
iiayor Suarez: �Do 'we' take any fiction' as to given hitia that authority';
n
Mr, W lirsims'I Well-t 'I think � it -'you okor' sss � your desire to have hi do that; ' 's
Mayor, that would be tine,
lley4r Suarez: I'm just trying .to see it we Used a. more formal' r�taoluttitap, k, ��;3 �
_
{ r
,
4
Mr. William83 We will come back to you of course, and ask you to ratify the
Manager's emergency action, of course.
-
Mr. be Turret I just want to make sure that we have a time table on this and
that we are moving as fast as we can on it.
_
Mr. Williams: We most certainly are, Commissioner.
Mayor Suarez: You know, sometimes we want to get something done very quickly,
tuch as when there is a convention booked for a facility we are about.to build
and you know which one I'm talking about, right next to where we are sitting
right here; Coconut Grove Exhibition Center. We prepare a time table because
we're: sure that we have to fast track it, otherwise we are :going to be
r-
embarrassed that Commissioner Plummer's and a lot of other people's efforts in
getting a major convention will embarrass us, because we can't get the
facility done in time. Could we not, Sergio, and Ron, really everybody begin
to assign project managers to things and have schedules of the time tables to
get things done in a particular perr6d of time so that we can be sure, as in
the case of Coconut Grove Exhibition Center, things, which by the way, is
moving awfully quickly. Somebody is obviously interested in that being
completed on time, we all are, frankly, but the...
-
Mr. Rodriguez: You have the best Manager that you can assign to this to get
It done, so...
Mayor Suarez: You :are hereby baptized project manager for opening the
Overtown Shopping Center very quickly.
Mr. Williams: - That's fine, Mr. Mayor. We are working on it and will continue
to do so.
Dr. Bill Perry, Jr..: Mr. Mayor... Bill Perry, and Commissioners,; 850! NW 7th
Street Road,- Overtown, Florida. I would just like_ to ; piggyback, on.,.the
shopping center item. There is some movement. The only thing .we: have; a
problem with.: probably is the grocery store and -of course � that's -one of the
;-
reasons we; envisioned the task force becoming very :effective_ in .gett-ings_more
movement on those .:kind . of items,. all items:. relative to ..Overtown.:.,:-But if .I
could just share ;.with,, you one of the. kinds : of things, .:Me..are ,.trying �.toi do
relative to the rshopping center: is: the mini -station.- Sieve met with:, -.the Chief`.`
,r.
and,we've`met with theManager and we're submitting to you.a proposal that we`;
are requesting that that mini -station be .open at least from 6:30 :in the.
morning- until about 1:00 in the morning. If that occurs, then. vie,
.o'clock
would not have so many strange cops coming into the Overtown community> that
�rf
the. residents are .;currently `complaining : about. '-If•you 'notice,::on Sunday, the<
_
station is closed all together and there is no visibility in there and the haver
cops coming in the neighborhood::who people don't know. If we can get the kind
force in there to operate that mini -station on a full time basis, at least `
"N
until. 100 in the morning, we could prevgnt that, so we are going to comeback.,
with you with a proposal in that regard. I'd just like to click...
`}
Mr. -Plummer: Can I make inquiry on that,.Bill? Mr. Longueira, where is he? ry
Is he not present? All right, Mr. Manager, the operation of a mini -station is
not in,anyway 'combative, correct? ,5>;
Mr. Rodriguez: Combative?
Mr. Plummer: There is no physical exertion.
X �s
Mr.;Rodriguez:' Shouldn't be, other than the regular work. x
Mayor, Suarez:. That's.'a good point, ,.
Mr. Plummer:.: , All -'ri ht, my question is,', why aren't all, . of. the-, g <�{
citations.:. Joe, why are.- not: all of..-_th4 mini -stations.: staffed'; with pe,rraionnel;'
who,:are..on; light: duty rather:than regular:: policemen?. ,
SL
Lt. Longueira: Sir, we haven't done that because... r�
? as
k.- �_T,
tax,..,Plumm q;rs . Why? I'so asking why? * )
in • LOA$uRira .: It is as Issue of >_llabillt� j
y. ai .taking ;u9s►ebAdy al ha.04 x }
ro oy�,tip 00 full :dut and, put hire is there, .. x -
Y
irj,c %t•
S
Me. Plummer, It's not a combative situation.
Lt. 1.6ngueit&, if you would like to make that decision, sir, then you can do
_ that. Our policy, because they are in the condition they are in, we don't
want 'to expose them for liability.
Mr. Plummer, But you are using them in the Police Station.
Lt. Longueirat Not, and one of the reasons we have never, used them .at the
front desk is because they could be called upon to take some kind of action
and further their injuries._ The City buys liability. If the City, if Risk
Management wants to recommend to you to do that, then you can do that and we,
can reevaluate how we use them.
Mr. Plummer: How many people do we have presently? Do you have any idea, on
light duty?. Isn't it about 60?
Lt. Longueira: It may be, but that may include maternities and that.kind.of
thing also.
Mayor Suarez:, That would be six percent of our entire police force.
Mr. Plummer: It's.over, it's almost $2,000,000.
Mayor Suarez: Of which roughly half apparently are pregnant.
Mr. Plummer: See, let me tell.you what I get irritated, and Bill,. this.is
part of you, and it's not. They are using full time patrolmen, pulling: them
—j off duty, or not.off duty... pulling them off the streets to do the,guardhousle
gate at the Police Station. They, are pulling men, off ofthe street to.
+ transport, prisoners.from.our station to Metro. I am still,. waiting for the
report of -why,. and the justification of why we duplicate the identification
process. .I am. just... you know, I continuously .harp ..on %!e've .,.got,,,to.get,, more
men on. ,the streets. I'm talking about the; able duty: men., I would :like ,to see:
—� the Administration .come up with a .rationale, and., justification of,, why we ;;can't
- use men on light duty for these kind of.operations. . I mean, as I,understalnd a
mini-station,,it'is:primarily'a clerical situation and I,.would..ask, that .within:
the next,30 days, this Commission' be given: a,, position paper which I think',
Bill, will go a long' Tray.
Dr. Perry: Not in Overtown.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Dr. Perry`: See, because... go ahead.
Mr. Plummer: Well...
44
Dr. Perry: See,, our offices in Overtown give us full coverage,. I.don't know
if you call.it combative, `or whatever.,you call this. but...
Mr. Plummer: I'm ta
lking alking about the man who sits at .the desk full time.
Dr. Perry. We're asking for,PSA's to sit at the.deak..
Mr... Plummers Well, that's, all I am talking about, the : man: who_* its'. rot the�>
desk,: but.'we_have light duty } g y men who are 'not_ bbing ,:.used, .that � are costiao the ,}
City_$1,900',900'a yex. I'm saying that if you could take ane o£ thoae:ligh Tt
duty men, sad put him`on the.deak, free. up the PSA, free up the.street men'tv`" M?
do street work,'I think you would Y{ go along way, and a lot better way.
> t r r
Dr. Perry All, aright, we are; .more than aatis#ied with ��ficerp.,t:urt� ,re#1 F lr
risaigned to. Ovortown._ They ego beyond the .6ii7,1 :of duty actua.ily vo kipg., ithn � '
kids and r ,improving police=community relations ' and :all ; kind of thins. ;'�
don't ,Nsnt :to soe aqyoae half
Mr, Plummga t 1e'x•e ,talking ,bout .iully:yswora oi,cpxsi hilt?
light 'duty 'that can t`d�►° ttt! atxeet roxk, _,that s aht l n� ta,i$hA)RT 4
An
..F - -_ • 'f; -- ��.,tag�,}t'' -� yss�'s� ...
Ar, FeicrY:. �cAvw, known Ala d prefer Rsr v �,
t i p ly
d_-!Ivariety O 1
.: F 0' ..IIq
_ eN
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Mayor Suarez: Well, don't reach that conclusion so quickly because if it is
some parts of the day you need somebody to be able to man the phones and so
on, that they be quite a, you know useful role for them to play. The important
thing is to get them out there, Bill and not to have them do some of the other
things that .they've been assigned to which are not related to police work.
There are still sworn police officers, they all the powers of arrest, they
have the ability to communicate with our Police Department, they know who to
call and how to get action. They can serve a lot of functions. I wouldn't
dismiss that lightly, at least as to one of the ones that would be there.
Dr. Perry: Before you do that, I wish you know, we could talk about it more
though, so we can get a better understanding of it. Are you through with
that? Let me just clear the air on one item relative to Overtown. You know,
we've been called ridiculous and crazy and all kind of things, and looking a >_
gift horse in the mouth. We've made a public announcement that we're opposed
to The Miami Heat proposal to do whatever they propose to do in Overtown. You
know, they keep talking about Olympic sized swimming pools. We already have
two swimming pools in Overtown. We've been attempting to get into some
meaningful dialogue with The Heat as to what they can do in our community that
will be beneficial to the entire community. To this point we have not been
able to receive a response from them. Consequently, until such time as they
do sit down and talk with us, we are going to continuously be opposed to
whatever it is that they are trying to do. See, we are getting kind of tired
of people from outside of our community coming in and telling us what is. best
for us. Although, we might agree that that is best, but it is the process and _
the principle of the thing. We also understand that Jackson Hospital, in the
Health Department are in the process of doing similar things. We gather that the Governor put $6,000,000 in his budget for health care services and now
they are talking about $3,000,000 for Little Havana and $3,000,000 for
Overtown to build two facilities. Well, at this point, no one has talked to -
us. If we didn't know some doctors at Jackson, we never would have known this
dialogue is going on, so we are going to run into a similar kind of problem.
I guess what we try to do is try to anticipate problems before they occur and
come to you to see if you can't open up some doors for us. While talking
about problems that might occur, we also are getting worried there is a move
afoot to reclaim the property at Sth Street and llth Avenue. We will . fight
that also, because that property as I understand it, was turned over to OADC'.
OADC is no longer in existence and the contracts...
=x _
Mr. Plummer: Sth Street and 11th Avenue? r
Dr. Perry: Yes, the old colored jail.
Mr. Plummer: 5th Avenue and llth Street.
Dr. Perry: Sth Avenue and llth Street, OK. As I understand it, the contract
spells out that once OADC, or whatever community based organization had that
property and would go out of business, the property would be turned over to
another organization. We know Beverly Phillips is trying to get it to create ,
a YWCA in Overtown and we're not totally in favor of that. We see some other
uses that we can make of it, you know, based upon the community's needs rather .
than those persons external to the community. Another quick item... z
Mayor Suarez: On that thing, as quickly you are going, I'll respond. I have
spoken to Ted Arison about the situation and I'can tell you right now that.I a
did not get a satisfactory answer. Had I gotten a satisfactory answer, I
would have called you. Otherwise, all I told him is that I would send .him '
copies of relevant articles in The Miami Times and other publicationsas to
the reaction of the community.
Dr. Parry: Thank you., While talking about anticipating prQbiems; youltagwrw
we have been getting a lot of cooperation from DDA and I:used to think AAA was
really an enemy. Since meeting with them, they've given'us a. staff memberrtQ x `
work with us as a part of the task force. In addition to that' they ,p}
commissioned an artist, a young than frpm Overtpvra to help :` Pµt :':together t
i 4
brochure, a PR piece we are doing on Overtown. They've also cogugistliQAtsd a �x
graphic artist to help put it together. �That..t�e at'a doing is spalling',
this piece; the brochure we are putting out, all tho' churches in Ov��rt�►tm� a�1= � �#� r» ''.�
the businesses is Overtown and the now deyelopmet;t that iq goin tip; imr
Qtrertoxn, .,,It, will be a touch. getter look'ng pi$ce , Lhqu cny4+At� Filao F,t x
1 £ .
that thing is a1: a point A9w that , we are ready to, gQ to pr+ss wth a wr
r
1 #.:' .m:,.. ,:. y. a ;gsrwx+i .+Yr.z•.. .t . Y,N•P.•'•!C
gobody tillseem to find anj funds to get' it off the ground. DDA saya they
Bads enough comltment at this point And we are taking that you give us son:b
tobsideratiort And find out, shake some funds loose somewhere to get that
project of the ground, w—
Mr. Dawkins: How touch money are you talking about, Dr. Perry?
Dr. Perry: I don't know, I'd have to check with staff, Sabrina Bouie to'chetk
it out. 1 I know she told us that she couldn't get; at this point she wasn't
able to any money and DDA says they've gone as far as they can possibly go, '
but I'll get back.to you on this.
Mr. Plummer: As far as they can go without this Commission's approval.
Dr. Perry: Right, OK.
Mr. Dawkins: Thank you, Commissioner Plummer.
Mr. Plummer: We keep reminding them that three votes of this Commission will
dissolve that organization.
Dr. Perry: DDA? i ,
Mr. Plummer: And they have two that are not too friendly.
Mayor Suarez: Not exactly, well, let's not get into that.
Dr. Bill Perry: While I am standing here, rather than coming back, I'd also
like to say that we are highly in favor of the placement of the location of
—� the. I'notice you have it on -the agenda... of the City Hall in Overtown. We
believe that it begins to indicate' that there is some confidence bythis
Commission as -to what can occur in Overtown and we'd like to see you make that i
a priority and we highly support that.
t
Mayor.Suarez: Bill, on that last point, the latest report that we got from. wy
the -Manager Ia office °on"'what -our.'needs would be', roughly 'indicate' the:, -
followings. '451 employees, .-I don't know -why they say 4519:, t 'could, be;' I =
suppose,.450 or'500, roughly 450 employees. We -'are presently:, spending about'
$1,500,000' a year in`leasing substitute facilities`' -that` we'd ' -like to ;
consolidate into one and those are the principal parameters;'I I5,000 equate,
feet; although that' figure , somehow grows' to-:150,000 4h terms of = what,= they`
would 'like -to have, but what we really =need . fot::451 ' employees, - I don't` know
aho that .one is,' but is the 115,000 square feet, if'there are'..' If you would
identify existing.structurea available in case'this Commission °would decide as,
a, policy, matter not to build an` entire new structure, -but to use aa=existing
structure, that would be an interesting possibility too. _
Dr. Perry: Is this the structure in Overtown?
Mr. Dawkins: Overtown?
Dr. Perry:' Are you familiar -with Overtown?
Mayor Suarez: Yes, I am quite familiar with Overtown and that includes', and `
no existing structures,''but existing properties where it might `be located-asi a L
new construction. �Ps.
Dr,, Perry:-,; Well, you can always take into consideration` the,'property'.that, e
owned', by+V.8 D. C , that' a` ad j acent to ' the house' that's... '
Mayor Suarers x. .That's one, 'of the existing structures -',I'm talking "about. There;. °±
sre. also-4churches, some of which may. or; may! not be a. ive,,. V ore rt art '
structures. q�
Dr. Parry: r.We watt this, to be a first class fee ility►, Mr.' Mayo ! x wl:.,� a +z ierr
•:.p rr r ,.:, •:1 ;.. ,. '. .: �. - .' '� y c. ,
Msyor•,,,:Suarazq. ,:We11, 4e map want° .to :buIld it first olass, �we �niBht`waiz►t' ory �', � r 'v
adjust:; the secpnd'class -,to Tooke_ i Ike a first class,
f
indeslit:;_with` thin issue, >aiaas wa alxeady-
tbink that ..i�hst -we have tQ look fat ais, aAd nowydn know,w`'�►s► bep,rt!#S'};
101 JI
. - „! . . .-. . z t ._ .. -. -_ . - ..-hY. _.tl•�c�.�z �a�'iJMY^.S`I�-..r. -
different people in the community, if we have the need for 150,000 square feet
of space, that is something that is a significant space and as opposed to just
putting it anywhere in particular with no purpose other than just having the
space for to serve the needs of the Administration of the City of Miami, I
think that when we have something of that impact, that we can use it to make
some kind of impact in a particular area, and that's why I brought up the
Issue about Overtovn. I think that if we were to go into Overtown, not only
would ve, you know, fulfill our needs, we would also impact on a community
additionally, and that's part of what we are all about, to service this
community. I feel that to purchase a building may not be the best way to go.
To build a building with City funds may not be the best way to go. 1.think
that what might be something we can lean toward is if we put up the land
having somebody like the GSA concept, have somebody build the building and we
would lease it from them and that would give us the flexibility of adding
additional space or not taking it, just take as we need, as we go along, but
it could easily be that we lease and that we have something built for us in
the Overtown area, or that, you know, I think that might be the best way to
go, so that possibility still existe*and I would like to get an indication
from this Commission whether it is viable concept for the rest of the
Commission, or do we just kiss it good-bye, because you know,. I'll work on it
If there is a consensus here at least, that...
Mayor Suarez: Yes, a...
Mr. De Yurre: Yes, to work along those lines.
Mayor Suarez: Built to suit, and we lease back from a builder.
Mr. De Yurre: Sure.
Mayor.Suarez: But let me ask in connection with that question if you know who
owns the property at the northeast corner of 20th Street and NW 3rd Avenue?
i which is razed in...
Dr. Perry: That.store was burned out.
Mayor Suarez: That property is quite large and would be an. interesting
_ possible site. I wonder what the... the price per square foot there probably
isn't all that high. There are a lot of parameters for me to be able..to'
answer. One, I would have to be convinced that the site that we havebeen,
discussing all along, right next to our existing Administration Building,;
' which,takes advantage of all the infrastructure, parking and so on, and,the:
j fact that we, in the process of consolidating are bringing together more and
more; employees instead, of just having a location for 45.1 employees, ..which
might very.,well go into an existing structure somewhere, that would be; one
—� consideration, for me, so I would like to see all .the comparisons, of. costs. and
_j try to get something that may not require a whole new construction, I don't
�j know. That's why I am interested in.exigting structures.
-±+� Mr. Dawkins: Well, I go with, whatever. is expeditious, ;expeditiously, and
monetarily feasible. Now, I've said from day one and I say now, but there
®i again,, I will be ruled by the will of the majority, the. Administration
i Building should go on a piece of land that we already; own, _that's already off
the tax .rolls, that we've already spent your tax dollars. to do_ a feasibility
study, and -it would be in a hub, in my opinion, that, would serve- the., -total
j community.. Now, I.E. that is not in Overtown, but is less.than,.two blocks:
=j from Overtovn;.and we would have a. hub where, our citizens can ,come to;`bade
County; Governmental, Building, the. State Building, the Police Department, t}e
Citq.Administration and all by way of... and there, again,.,we have to_,workwith!
the County, to; buy -some buses, . Dec., Perry, so ..that our, people : could , ,catch the
bua , apd the, Metrorail and get off .,the Metrorail and walk _-to , that centor: Ip
the event.:t4.t we, do.. decide to put it in Overtown,, it should be put U99r,� a s
oar,.the; x pid.transit station -as possible is order to makojit acGaspi a tQ
the people who -need it, but there,again, ,;let's.^look. :at.,all bf'the par a e�cp
Out let's,:do"pomething because up.here you.got one Commissioner Kt}prwe}nta the'
buy the pupont,;Build ng .and ,one Commissioner: who; grants to,. putw,it .iA,;ove :a x�
you ,got_pne_ Commissioner who wants to put it on a piece,of property. whore it w'
is, and you got two Commissioners who want to walk to `it ftom their homes, t
don't..want to loaves Coc4zsut;,Grove.
yd
Dr. , P4rryc Gould you ,4n4Jcate who these G :isslope s are '� 1st x�►s a aka t4 ` sy
of. regard? � ;:Brother, Aawktne i could you tall us :who xhs
yi$� 1 AiT
2
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7 ' Z
a
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Mr. Dawkins t OIC.
Ne: Pluf 6fi Yes...
MrB. Xaftnedy: Yes, we'll get to that.
.�
Mr. Plummert I'm the one that's in favor of the Dupont building. I think &AA ,'t
I ebhtinue to say until discounted otherwise, it is the bait buy for immediate
occupancy. It has a 400 parking garage and yes, I am in favor and hava itited
so. Until the Administration discounts that it is not in the best interest of
this City to buy, that is my particular choice. It has been a long time.
i y=
Mrs. Kennedy: I agree with Commissioner Dawkins, if we have a piece of land
that is already off the tax rolls, you know, why take another one' that is
going to then deprive it from pumping money into our City, but again it is's R.
matter of economics and whatever makes the most sense for us to do I will go
for that.
Dr. Perry: Let me see if I am hearing you correctly, that what I am hearing
In that Commissioner Kennedy and Commissioner Dawkins and Commissioner De
Yurre are somewhat flexible relative to putting it in Overtown or neighboring,.
Overtown and the other Commissioners are diametrically opposed to that.
Mr. Plummer: Absolutely not, don't assume anything. The streets of hell are
paved with good...
Dr. Perry: That's what I am trying to extract here.
Mayor Suaraz: You have totally misconstrued my position, but I mean, you can
construe whatever you want.
Dr. Perry: Well, I am trying to...
Mr. Plummer: Wait, whoa, whoa, let's don't put words in -this Commissioner's
mouth. Lot me explain it to you once again. I The basis of my -decision-, was
based on the Administration's proffering that to build anything. anywhere',
Overtown' or anywhere, for theneeds would be approximately $20,000000.'
Because the Dupont Building offered us, as I recall, two hundred and what,
Herby
Mr. Bailey: Twofifty:
Mr. Plummer: 250,000 square 'feet, and a'400 parking'garage -1or, approximately.''x;
$14 000,000,'vhich`we could move into tomorrow-- I have stated for the ri`coid"I tZo
would'be'in favor of Overtown, but'not until such time as that building which y
its very much in my mind, a very fine -building, until that vat 'discounted 'out,
so it -is ` not an inflexible 'position. . It is- the idea" that I '-think it is'
probably in the best interest of this City for $6,000,000 cheaper, to get. a``
building',with 100,000 more square feet and a 400 parking garage.
z
Mr. Dawkins: OK, well I disagree in that a 60 year old building, in my;
opinion, could not be brought up to code for less than $6,000,000, s0.
therefore you are talking- about purchasing an old building and adding:
renovations. to` it to bring it up to code and you are still spending
=j $20,000,000, so there again, but that is something that the community has to'
tell°`us, you know; 'what..0 there again, we don't even know if the commuunity::
wants the Administration, but we will save money and -that's the thing th$t ,, '
reall '` should be'"`ex lainin to the ublic is how much move would be saved b
y P g P y
pulling together all of these people in one central location and what
economic impact it would°hava on the area because the ' p , people in the building ,
have to go to lunch and for some reeaon, Dr. Perry, ae do'not hava a gapol;n�a 'Yt
f' 4.
itation salliog ` gaar aoahare from 45th--Street, to 20th Street, `. fry►: $iuc tyne ty,r
Boulevard f to $rd' Avenue. Now, I was running out of gas ,over there-yester�ayI
wind I could not find anyplace, and this is one of the things
ybu: C"in", work on. Sae, ' abmebody `needs" to -put •a gatol ins tat o. A tl a°xs '�► 'c,» x x
bur some gas.- �r��
. i d`y
Dr I'et'ry: Weli, we `have the pl"ace`, Brother Sawyer had operY there and, Aho Y
he g9t tricked cut° 'Qf' `it by, the' Zoning `:Depart�ne�nt, the ` sri3oe hua##DD.$�`�
coatinuiag use and ae. •had bAen at one ' poinx "neg1k4tiD
Offiap to s#a if -f pe oauldn t °get a 'variance tci reeatabihhst.
r rr 1''i � � �•%4�'� � ''.. sx..
Y�. S seq .y.�� .u•^v _
has soee historical significsnce as being the first African -American gas
station in the City of Miami, but...
Mr. Mummer: But Bill, you know sometimes what you're saying, the May you say
it, rube me wrong, OK? That is an absolute false statement that Brother
Sawyer was tricked out of his filling station. Nov, I'm sorry, there is the
rules and regulations of this City operates by, that a nonconforming use,
abandoned for six months and a day no longer has a nonconforming use. ..yt was -
vacant for years, so he wasn't tricked out of it, he was out of it because -the
rules and regulations which we are bound to rule by stated that if you abandon
it, you lose it, but don't make a statement on the record that it was tricked
out of it.
Dr. Perry: I, guess that it is a matter of perception. I've looked- at
documents ,that Brother Sawyer got from the Planning Office when he.,, vats
attempting to reestablish it prior to that taking effect, then he was actually
tricked. He was told to continue to leave it vacant and not knowing ail the
particulars of that, he left it vacant.
Mr. Plummer:_ Bill, how long was that station abandoned?
Dr. Perry: That was before my time. - -
Mr. Plummer: OK, well I can tell you for a long time, OK? - and the Code is
very clear: nonconforming use, six months, a day, it is abandoned, you lose
the status of. nonconforming. Nov, just also for the record, let me .also ':-
state, the Administration, Commissioner Dawkins, is the one who developed the
}
figure to bring the Dupont Building up to Code would be approximately
$2,000,000, that is not my figure, because I have no idea, but just for the
record. -
i
Mayor. Suarez: OK, to close off debate on the whole issue so we can...
Mr.. Dawkins: Sixteen and not fourteen.
Mayor Suarez: Right, and I don't believe,it can be,done for sixteen.
i r�
Dr. Perry: Mayor, may I; just say one thing?
Mayor Suarez:. Wait, .wait, the ..onething that. I'.am inflexible,.,aboui:__n
relation to the location of an Administration Building .is that I`.would not
want�,,it .to, go into the: Dupont Building, . A. I. Dupont Building, I. doa'.t::think_.
— that is -an economically wise .,idea for us. I'm. otherwise very,flexible.. City`
Hall -as the Chambers. is ;a whole different issue and I would hope. that, the u
Commission would see that as a separate- consideration.. .:I believe In some 4
consolidation, but I don't see that City Hall has to be moved from her but
that's s whole different issue. In any event, we are not nowhere near making
any decision on that. I believe we have,that item for consideration today. _'>h
s Mrs. Kennedy: We did it already.
Mr. Plummer:, We're deviated a long way from the shopping center.
Mr. Rodriguez: You have item 15 that dealt with the Administration Building
in Overtown, but I think you went into that item...
Mr..Plummer; I think we have already done 15. ':
r
j Mrs...Kennedy� Yes. 4
Mr. Rodriguers Might,_ you have done -,it, ,
Mayor Suarez: Well, but I thought that Y h {
We dos 1 t ,DF :arch
' we have in connection with the
,itectuxal?,.
t�hatRodriguers14 ,were just Bgingo glue :qpu a report on where- we wore onx
�j
Mayor . Suarez: Aayhov, .I guarantee you, this, before I vote . to aliocsp
monies p !a4eke *Py detorMimatton on a sitar, or otherwise, move ;Dne at4y
dirActiou of . sn Administration Buiic!ingi I will have a,lot ,f feaoapmi,S a'{ x
;coAsi g 'A�i!►#S�' I � sio.. where near, but Jam open :tp the possibility $ #t 4 8 k
z.ax
15
T 44. X"
- -
thi
in bvertown, that's why I was asking about that site at 20th Street and OW
Ird, t am interested in that. It looks like a pretty large site. Anything
also on the issue that you were here speaking.onfi
Dr. Perry: Just a closing comment. I thought that Commissioner Plumrmer's
remarks about being tricked and as I said before this Commission before*. is
that prior to the entire community of Overtown getting tricked, we have over
40,000 residents in that community. With the bringing in of the, expressways,;.
and how that community was decimated and destroyed and allowed to purposely be.
neglected, that's all tricking, Mr. Plummer.
Mr. Plummer: I have no problem with that.
Dr. Perry: It galls me when I know that my forefathers and foreparents had a
lot to do with the development of this City and have been shortchanged. They
were the ones who made this City what it is and here it is in 1989, when they
are still being shortchanged. I'm of the opinion that Overtown should be
'
overly compensated for what has been lillowed to happen to it, so that's why I
t ha en in Overtown I'd like to see
_ consistently push for some ng o pp
Overtown treated just like Bayfront Park. I'd like to see Overtown treated
just like the Knight Center. I'd like to see Overtown treated just like
Bayside. Those. kind of projects that you seen there have gotten off the
ground with no hesitation, but when it comes to Overtown, we always have
reasons to bypass Overtown as we historically have done. And let's when I
talk about tricking, I think we've been tricked over many years and I'd just
like to see the tricking stopped and I'm sure that Brother Sawyer could speak.
specifically as to how he was tricked.
Mayor Suarez: By the way, Brother Sawyer is against an Administration
Building . being located in Overtown, . I want. to advise you of that, if, I read-,
his letter correctly. It was just received and as the general philosophy of.
Overtown being passed over, I think this entire Commission agrees with that.
28. .WELCOME SIGNS into the City and into neighborhoods: Authorize erection.
of "Welcome" signs in City neighborhoods - stipulate signs shall contain
official seal of City.
--i
Mr. De Yurre:. I have..,a. recommendation, ,from the.. Administration . in . regards to
the signs that we spoke about, I think At was the, .meet ing,. for :each
neighborhood and the recommendation .states that there :is money.,in.Community,
u Development for the installation of the, neighborhood signs, but not for the
MEN
! welcomes signs.
�( Mr..Kays That's correct. That was...
e�
Mr. De. _Turre: OK, f irst of all, the whole _ reason that this issue caste, up. was
t because the northeast wanted a welcome sign and everybody else is getting a':_
sign except the northeast.
Mr. Rodriguez: We can add any locations that you desire.
�i
Mr., De Yurres, I just want, you know, the package that we have here to be,
i iplemitnted.
Mr'. Rodriguez: OK, so you would like to add the northeast. area, you say. yet
Mr. De: Turre: Yes, where else... ;there Is,, already one on SW 8th :Street aAd
27th Avenue, welcoming. Isn't it "Welcome To Celle Ocho" sign?
4 •F, r T+y"YW
Mr.' Rodriguez: There is one, right, you are correct, going east, r'
Mr'* De Turret Going east on eth Street, on 27th. r
_, Mr. Rodrl�gpez: "Welcome to` Cale Ccho."
Mr. De J4Tpa s De,pOon .$ou19V4rc}.
f flr. Rodriguez: Might,
�rl�.,S
5 �
Mr. be Yurrei OK, so we don't need that one.
Mr. Plummets There is one on Diane Highway that says, "Welcome to Coconut
tir. Kays Right, we are not proposing one for Coconut Grove for that reasob.
.r.
Mr. De Yurres You are proposing one for 87th Street, which is needed and
that's the whole reason why we started this issue and the other one you are '
saying `.ia what, McArthur Causeway?
Mr. Kays That's correct.
Mr. De Yurres Where would you put that?
Mr. Kay: That would be on Watson Island.
Mr. Plummers It's the City line, I would assume, wouldn't you?
t Mr. Kays Yes, City limits line on Watson Island.
Mr. Plummers That's.where-the Beach is got theirs.
Mr. De Yurres: On the back side of the Beach?
Mr. Rodriguez: The other way. The other side:
Mr. De Yurrei„ You 'know what I'm saying, their's faces us, so we'd be on the
flip side. OK ,I'd like to move that these`signo'be'implemente& including,
particularly the one on'87th and Biscayne Boulevard and the one iw'the~City of
Miami, McArthur. Causeway, we are not talking about a significant amount of
money here.
Mayor Suarez: So moved.
`Mr. Plummer: Second:'
Mayor Suarez's Seconded.I think that's the least we could do, is let...people_
'know-they;ara coming' into' the City of Miami with the nicest possible signs
'a reasonable budget.
r:. , .
Mr, Kays There is one discussion point here and that is that' we 'have ;three=
proposed signs. ` One°'of ihem'has the City seal on it, and another one has r
a more contemporary seal on it and you can get either one for the same price ,
Mr. Plummer: I would assume you would use the updated. ' Is that. the updated?..'
Mr. Kay: That 'a.what we are into now,
Mr, Rodriguez: You .have .the.one that says, Welcome to The City of;:Miami.with
a'..seal and thia..
Mr. Plummer: What is the official seal of the City'of'Miamf, the old'one or
the new one? '
r
Mr "Rodriguez: This one here.
. t
'Mr. 'Plummer: That 'would= be' the one` that'"you should =use,' whateverr3s =ths3 rz�T
official of e. s �
�M$yor-Suprers` Make a motion on'the official'seal.
Mr. piummer: I `maker this:`...
Me Rodriguez: bake an official motion' on the 'official..
Mayor Susrezt Make 'an official motioa on the official Neal,of.: 4h� ty� `' e9GIF
y1/� 1 4 r Air,
r,s
t• t 1hi Vu�� �/ �a�� �
1xu 1pRri y�` ski' the offit'joiL motion on;than=of io a -��! 9 i . 1
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fi
dtr. t(ayt because the ones I have had put up by Off -Street Parking have the
ofd type seal, OK.
Mr. Rodriguat: ", dot you.
Mayor_$uareto l think we like that one. ttaleas otherwise moved or changed,by
ordinance -or otherwise, that is the official seal of the city. Anythingalsel
item.
Mr. Plummer: Wait a.minute, you had me make that dumb motion, at least you
can tall the roll)
Mayor Suarez: Call the roll on the dumb mo...I mean the motion made by
Commissioner Plummer.
Mr. Plummer: Forced into it.
The. folloving motion was introduced by Commissioner De Yurre, who moved
Its adoption
MOTION NO. 89-295
-- A MOTION ACCEPTING THE ADMINISTRATION RECOMMENDATION TO
INSTALL AND IMPLEMENT A SYSTEM OF WELCOMING SIGNS AT THE
ENTRANCE .OF- THE CITY NEIGHBORHOODS (NAMELY, ALLAPATTAH,
EDISON-LITTLE RIVER, FLAGAMI, LITTLE HAVANA, MODEL CITY,
OVERTOWN, SHENANDOAH, AND WYNWOOD) AND TO ALSO INSTALL.
THREE`"WELCOME TO THE CITY OF MIAMI" SIGNS TO BE PLACED AT
THE CITY LIMITS AT N.E. 87. STREET, S.W. .8 STREET AND,,;MC
ARTHUR CAUSEWAY; FURTHER _STATING THAT SAID SIGNS CONTAIN `
THE OFFICIAL SEAL OF THE CITY OF MIAMI.
Upoa being,.seconded by Commissioner Plummer, the motion. ,passed an¢
adopted, ,by;, the fol lowing vote:
AYES. Commiasioner J.. L. Plummer,.Jr.
s. ,
Commissioner Rosario Kennedy
Vice ,Mayor Victor De Yurre
t�
MayorXavier L. Suarez mf't
4
NOES None, Y ;
ABSENT: Commissioner Miller J.,Dawkins
IP
HOMELESS PROGRAM.- Discussion in connection, with . proposal r to ,:urge
,County to live , up . to its responsibility concerning ;the homeless -�
Commissioner.Kennedy,to meet with County officials.
Mayor Suarez:. Update on the City of,Miami.Homeless Program.: v
t r
9 Hr. De Yurre v I'd like to got a report ,on where we are_ at with our;=homeiesa
program: r
. 1 y
MrR Cpstneda: Commsaioner� we have, prepared a report for you�kr;zbw r ':
bssic�lly, wet hays .a lot oP v good news for',; you, You.:know, as;,
` .. —'cooperation .,�, _ .. .., ra r e
doublod;:rthe., umbe ter bo s weave.;aacelYrz„
NG�Ciaaey, Act,i tbQ of ublit sand-priYate sectors
x d i�► ,tbe City' of
moths>p d ranee ak ,dill be .giving omt to report, to you ,ands u o ! Q i L }ti y
a d Ilona), affirmation - qoU might wsnt� .:putr:. a ark xaadi► � toy OnATA A�
++�lt3Rn you might ,have. �; r ,,,
Mr: De Yurre: Now;_.is eecXham Hall doing? s *F
y
Ap_
t S v :041-
x
r�iAB ��. ��b4tJ�r�'>+t dsy� /►b�!�t_:;,��<�y��� .
waek4 ego, the City and '.CAu4tq, ` air � was :agreed., wqu�d 4p�ra�e $lec��Y�zHe� r� � yak
'e�4l�r3!tl�aeis Kntil the !C4n1�y .,mt:4 ao�n+ alec
opereta, the► �Acll�xlr toil x�a�e and op a 14�tg te�'14 haeia, .�4�lA.r�s �p�w �`�'"
-r T :. ! Vk hc", E7Ar'Fy+3,,�WYc' -
the County allocated its Emergency Shelter Grant that they got for 189 for
that operation. Once the agency is selected and you, the City Commission
allocated $116,000 of our last Emergency Shelter Grant money also toward that
purpose. One, I think concern that we all have is that at this particular
time, the +County, wall, two parts of that. One, they are going to be issuing
what they call a request for qualifications from agencies that feel they are
qualified to operate the facility and in that, they would respond, Indicating
how they would do it, how much they see it would cost to do it. However, the
County, from the staff persons that we talked with have indicated the County
has not Identified any money beyond the Emergency Shelter Grant funds they
received for the operation and I guess...
Mr, De Yurre: How much is that? How much money is that?
Ms. Brooks: Their grant was about $240,000. The amount that you allocated
toward it was $116,000; however, we had directed all but about $80,000 of that
for providing what is termed essential services and direct services which
could be used to fund the staff that we have there, so that's a net available
of $80,000, so it is about $320,000 out of the Emergency Shelter Grant money
that is available. We're not sure whether the County has applied for other
Federal funds. There is a transitional housing grant round that's up for
which applications are due next Friday, but it is not clear whether they are
applying for that and they conceivably could, but certainly it's them to do
it.
Mr. De Yurre: How much money have we obtained through grants...
Me. Brooks: Through grants?
Mr. De Yurre: ... in the last four months, let's say, or since we made this a
priority item?
Ms. Brooks: OK, actually the Emergency Shelter Grant program has been- in
operation in some form or the other for the about two and one-half years"and
the little report or summary that you received is kind of like a capsule of
—
the Comprehensive Homeless Assistance Plan you considered several months ago.
—
To answer your question directly," -we've gotten,'2 think it totals to 'about_
$462,000. $41,000 and the. original demonstration" which went` -to '-the,"Miami
—
Bridge, $203;000 out of the first round of what: was;formally-"called McKinney,,;_
61 which'$173;000'-went to C.C.S.A.-and $30,000 to social action ofLittle
Havana for that food program, then we received a'supplemental appropriation of.
—
$32,000, which went to C.C.S'.A. and -the last appropriation was-...
Mr. De Yurre: But the $203,000- were not in the last four months. That was
almost a year ago.
Ms. Brooks: Mo, when Frank mentioned the last four months, what he gave you '
Is what was a combined effort through both McKinney;`other"public and:privite
monies.. On the last page of that little report, you will note there we talk
about, and this totals about 465 units total, the units that are mentioned on
■
the last ""page. Beckham Hallwas renovated with some money" the. County
as,
identifiedandthey've identified some McKinney money toward operation. The
Miami Rescue Mission, 30 bed shelter was renovated with County Emergency
Shelter Grant money and a supplemental assistance grant, that they received:
The Rescue Mission's 250• bed shelter was all private"money,- the' -Camillus
single room' occupancy, which they dedicated about. a week I and -a half ago, or
two weeks ago, is all private money. New Horizons Mental Health,, is A
—_ -
combination'of a -mental health grant they got from -the Federal -Government and
some State Emergency Shelter Grant money, and then the Christian Community..,
Services! Agencies Family -Shelter, which- has been the one; that` you have bees
#, {
supporting primarily for the Family Shelter bid and they've gotten` it from
you,.!'see -that `'has been one - seventy=three' plus. 'thirty-two; -Fran k,° `no; s� �
—
$2500000-.toMard that. So in actual City hard dollars from Emergency Shelter 4W
Grant, the C.C.S.A. has gotten "about $250,000 of that, $1160000 has
earmarked for Beckham! and $30,000 • Went• to. Social ,Action of Little H+tvana -`and �.
t
$41,000 to Miami -Bridge.
q
Mr De' Yurre; OK, now we'•" have a... when ;4s the''appllcation` deedl"iae " or}`tihe
-
grants that are going to be given out starting in September.?
!!s. Brooks Which grants?,'
f
t
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�f.G'`C F�.✓'"�'gr1.
y�''t
.. i trtj : yi f
Mr. be Yurre: The McKinney.
Ma. brookar OR, the one now, we've gotten our approval of that, the other
funds. The one is up for review and for application is the transitional
housing piece now and the applications for that are due March 30th. We are
wbtking with C.C.S.A. to submit one for operations and again as I tlaentioned, 3
am not sure if the County is submitting for Beckham or not.
Mayor Suaree: Any statements, by the way, Commissioner, if I may interrupt
you, to the effect, and I think they were made at the last Commission meeting,
to the effect, and I don't know by whom in staff, and I better not identify to �_
the effect that McKinney Act funds would be quote, unquote, suspended,
eliminated, the program would be curtailed, or something to that effect, as
far as the Secretary of Housing and Urban Development are totally wrong, and
In fact, Commissioner Kennedy, the figure he threw out of the funding they
will be requesting was a billion dollars?
Mrs. Kennedy: That is correct. It is alive and well and Miami is going to —
get its share.
Mr. Castaneda: No, what happened was that that was mentioned as part of the
Reagan budget, it was not in the Reagan budget; when Bush was elected, he put
It in.
Mrs. Kennedy: It was...
Mayor Suarez% Any prior statement as of the Friday before last is wrong!
Mrs. Kennedy: That's right. It wasn't Mr. Bush's black box...
Mayor Suarez: We don't care about the Reagan budget anymore.
Mrs. Kennedy... but not anymore. The Mayor and I did go to Washington and we
got a commitment from Secretary Jack Kemp that themoneywould be there and he.
would be fighting for it.
Ms. Brooks: Yes, the McKinney Act itself is made up of about 20 'different "Y
programs, some that were legislated specifically as part of :the :act, and most ;•`s
of which come under Housing and Urban Development, like the Emergency Shelter`_
_. Grant, the Transitional Housing piece; the 'S.R.O. piece, the�Supplemental:` �-
Assistance piece, there are a whole lot of different parts to it and in.'some
r, a z,
cases 'even though thee legislation `is 'there, there 'were .not specific'
appropriations made, but it- appears that;,.now: there- will be Imore
` wt-
appropriations. We are following•it and -it strictly...
Mr. De Yurre: But we have to apply, we have to apply for them.
_ ; • f�
Mass; Ms. Brooks: Yes, we have applied for what we eligible to apply for and we're" ze
tracking it.
Mr. De Yurre: As a City or are we working with the nonprofits out there to.
help°them apply...
Ms. Books: We are'doing both, right. As I mentioned, we are working with
C.C.S.A. right now to prepare for this grant that is due, this application is`-
due next Friday. =�
Mr. De`Yurrer Who 'else is applying through the City?
µCj�y
'Ms. Brook's': We don't know, The County could certainly'apply•for Beckham Hall.:
n fr
Mr, De' Yurre: What "do you 'mean, you don't know? A"re you: •worki�ig: withr he �I
ja#F
' community- or pot? _. :, ,` • . . ; ' > t ' �q
!!s. Brooks: Yes.° No,, we are working with the coalition andthe coalit
see o>ae thing that I -think that • might . not . be 'very clear - is - .Chat
_; conditions "apply 'to 411' of them and we.. are Following all- the _leg1Alatior�yiyws
are familiar with who is eligible to'�apply for what", andwhat condiiioms''-hava % y
o be- there.
ir
!!r. De Yurzex Axe you `contacting these people Lhen?Y`>
7.
pee y�•Yya v �'fS �
i X7Y' rxLu za '
-.,;i .,., :... ....'• .. ,.': .t..,.F .....r.:�. ..,-.� ..r ,..... - ,..,. ,_ .._ ,....,... .. .,.......Yi.. �.a�_�,.�iT,�`��r.���T.2�
Ma: Brookes {Yes.
Mr. DeArurres OK, who have you contacted?
As. hookas we've talked with C,,C.S:A,; and as I mentioned, we: are -helping
them to prepare their application because their facility will be at that point "
where they qualify for that particular grant.
Mr. De Yurres Who else have you contacted?
Ms. Brooks; Similarly, Beckham Hall is one that could qualify. The staff of,
the Miami Coalition...
Mr be Yurres- But Beckham Hail, that is government run right now.
Me. Brookes I'm saying the County could apply for operational funds for it
and :the staff of the Miami Coalition for care to the homeless::that we
maintain a very direct relationship wfih both in terms of technical assistance
we provide to them, specifically with the Federal legislation, as well as
serving on, and participating on their board of directors. The director.
_ there, as well as the president of the board have notified other.,. people : that
they feel are eligible for different pieces. This is how New Horizons Mental.
Health, you know, got its mental health money, because it is not appropriate
for us_to apply for it, but we make it...
Mr:,:De,Yurre: But it is appropriate for the City to contact...
Ms. Brookau Right.
Mr. De,Yurres' ... these entities and...
Ms. Brooks.:. And we are doing that.
Mr.: -.De,: Yurre; ... to help them become aware of what's there, what's
available, how, and to use our expertise to make the application and get the;;,
money:: down here for.:them. .
Me. Brooks: No, --we are doing that.,: yes, there..are 17.agencies.
Mr. De Yurre: OK, but you've only mentioned two that you've helped.
Ms. Brooks:. No,: the. reason 1, mentioned two at this,- point .is,. because those,
that's:.for-the programs that: are>currently available for funding, for:.hich. 1
there;:has been.funding_availability announcement made:
Mr. De Yurre: No, but when you apply now during this period of the year, this
'is the period in order,.to make applications, it is going to be for funds that.:
are going to be distributed after September.
= Ms. Brooks; Not necessarily. It depends on the program.
Mr. De Yurre: The applications you are making now are for funds, according to
what4,they've.told.us in Washington, for funds that.are going to be distributed'.:
and allocated towards the end of the year. Whatever we are getting, funds,me
get now,'.. .ars . not, through: applications that. ,are being made right now. xf pe :1 '
get actual dollars today, the application had to have been made months ago.
- ayu,f
Ms. Brookes OK, as I said, we assisted... " i�.. . off., '- r.�.•�{�.�
Mr. De Yurre: Yes, but do:you understand whit,I am s.a ing OK? k't g
with, the others. I understand what you are,'saying, axtds 1 ur a r
think,our�,informatioa 48;-•just.a':.1ittIs different..
y
Mr. ite "Yurre:: *_So my ;point• is. that f:if"we are :going:: to be �4in a F-fogiti�rQ a
middleNmn,.T:i a k ardssr to`.i, expedite- : this, and to ,•.help ;,thoso t entities, �aOZ400l�r.-
aaly nt! f ed - tMa ti $t we +iiare actually heipiag- then �nske Ap�lic�4Lip s�i
lY chink=: MA ar�R .,bang ,semi¢; .14 :what. v►s are :puppoged .to be: doing, , w tl� 1 s11 her y = ' 9'
entities that +kre out there, t with all �
he need that exists out►!sx'�se
-
.4z ' 2tJ,r
eoka;�we era work in t� #� Bali ; t ►� �di era
sp al ic+tlly" tQ M at a sval ohls ` r�o�v� tye�. eve , rofks�i
,'.•CS� L.=I M _ .: V^" C>t. 4M 'NN`MASY'•d^ fi
Mr. De Yurret Valli I'm talking about what we are applying for right now, ao
that they can have money for next year.
M*. Brookst Ye*. Other people are not really eligible to apply next week. I
guess that's what I are not saying very clearly.
Mr. be "Yurre: OK.;
Ms. Brooks: These are the two that are eligible to apply at this point in
time, for what is available at this point in time.<
Mr. De Yurre: Forwhatis available to be distributed after September. The
thing is there is an application period now that we are in, that if you don't'
apply now, you can't gat funds at the end of the year. You understand that?
Mr. Castanedat The problem is we are talking about two different programs.
Ms. Brooks: We.must be talking about two different programs.
-d�
Mr. De Yurre: I'm talking about McKinney dollars that are going to be
allocated towards the end of the year.
Ms. Brooks: Perhaps what we could do, I have a directory.of programs, maybe
you can show me the ones you are speaking of, because I think we are just ,r
talking about two separate things, yes.
Mr. De Yurre: OK, let's got into another issue.
Ms. Brooks: OK.
Mr. De Yurre: What are we doing, the City of Miami, as far as Beckham Hall is
concerned? What:4s our input there, what is our. involvementthere at.•_this
point in.:time? =
Ms. Brooks: OK,,currently,,we are providing four staff persons, plus .one van
.and we have indicated we'll continue to provide that staff for another about s<
ten .weeks.. That's ;what :they estimated it will take to the RFQ process 1
mentioned and to select an operator.
Mr. De Yurre: OK. We have there individuals, that Frank... it is. my
understanding. that we have individuals working there for the. City, that are.- �.
working like 40 hours, up to about 40 hours of overtime a weak, in fact,: Mr. }
Coats'
, particular about an individual. What input, have :you :been F.
- to be .
following, have you been out there personally?{
Me. Brooks: Yes, I have.
Mr. De Yurre: When was the last time you were out there. ,
Ms. Brooks: This morning.
Mr. De Yurre: When was the last time prior to that?p
Ms..Brooks: Yesterday. I've been there a:lot., "
r
o Mr. De Yurre: OK, were you there for the incident that happened yesterday?:.�
Mo. Brooks; No, I'm not aware of an incident.
Mr. De : Yurre: Are you; aware... of :.what - happened, -last : n,lght?
Ms.. B�rookss . No -whott,.happwnedr last. night?. ,
r R
Mr '.De ;,Xurrs r It r is t my undoxxtandins. that -on iAd-ivto pi tggk,, �u�hi c
7 $9 tt#y 4 heFd .`s
toy gat .a billy . uub ;and starts: bentiag; up, +►J pe;�ucl�t of#i r r x
to use ,:n�+�oQ o =contrgl bi�m. Apo, in, fact, I .bOU a kthpk pQli�p
` im:. Ax'# you. -aware Of .tiutt,�act�• � t f �, ��, �"�����> °,� ����'-
sr` .
fig+ A'iiRkill �' �TQ/1F-x !p A9t, Rd that' R bpau�ehg 19 riC,Rac►Asrl�rk� �'frf�^L.
lacll. yJ, ' pnR in ssssnce 'i01., d t ►em` tb� ;'aetaf ; t#au�h n '� ,set t '
iAdividt��ti you a►entiQaed ie there durimg t#e ai$ht
: i4YAiF116{iY.
SY�",rt i3'it1
.--
_ _ __--_-._- _____. Fw.e yf.;t r4 r„-.• 4sfi
r'
r.,
perabh 0e have there at night, but the County is the body; the person, that
wauld`tie contacted for that.
Mr& De,Turres OR, .o in other words, you are out there, but you don't khbv
i�i►t'r g�sisig ots.
Nrs srookas No, no.
Mr 'Castansdat The City of Miami does not operate that facility.
Mr 'De Turret "What's that?
Mr. Castanada: The City of Miami does not operate Beckham Hall.
Mri, be Yurrss Well, that's what I am getting at, you are out there, but you
don't know what is going on.
Mayor Suarett: You know, by the 'way, when you may that, I've been going around
telling everybody this is a joint City and County operation, so it's news to
be that now, although we lent staff, that it is quote, unquote, County
operated..
Ms. Brooks: Right. No, well when I say the County, the City leased the
County the building and in terms of lead responsibility, the County.has that
responsibility,' just like with any, I guess building, or when something
happens within the City, there are major contact persons; those are the
arsons that`are contacted. I was there this morning
, g, the program director ;
did not mention anything of that incident to me. That is news to me and,
certainly we'll 'follov up on it, but we would not be contacted regarding the
day to day operation. That's handled specifically, the County Manager -staff
oversees that directly.
Mr. 'De Yurre:` Who is, is Livia still the director of the homeless ,program,. ,
Livia Garcia?
Ms. Brookes Livia is out ill. She's been out ill...
Mr.' Rodriguen, Livia's on nick leave.
Mi, Do Yurre:` I know, but she is sitting right over there; right now..
Mr. Rodriguez: Well,
Ms. Brooks: Well, she is out ill.
Mayor Suarez: The ghost of Livia has returned!
Mr. Rodriguez: Livia is sick here:
Mr. be Yurres' Who in the director of•'the homeless program in the City?
Ms. Brookst She's, Livia in the homeless'cooidinator, yes.
Mr. De Yurres OK. I'd like to get some input, I know she's been out, but.I'd
like to hear, ' if she has`'any recosmaendations' that 'ship would' 11ke to mako as
far as the program is concerned and...
Mayor Suarez: By the way, just so we have an idea wh you are atayistg there f'
all this _ time:.. r
Mr Gera•=SchMeitxer: My name is' Gary -Schweitzer; -I'm on the Board of ?Trustees
of the Downtown Miami Business Association and I'have some comments to mal�e�oa :4
LIv3s Garcia and =her ; ork and'' -on the- homeless;'issue. . F.76
f E + {
�,.
Mayor Sutarez: Oita. we also have a letter that I recei�ved,,:'x dom'� khaw if ita"�x
aas laigned " by yoursoIf or' -your :executive director, .'Mho is back ths�c�a kt
s x..
Allen Plus a" letter. ;also from my own executive director of the'ailStltt�li#!t#;'' {`
Develop ant 'Authority, , proposing that' *,all;"this opera Woul¢ ke � ava"tixb�p��o��
er Yo�cts' Dreg"ardiag }t2ie hrnneless..' I►a hot :sure: that anp a thAsa I+otteyt� g�
paxticu�4r�y needed pit this palst, but we :shad sAe, Whet do `►onSFy w
tsQuir0yoLi�iiwt? s J`:r e `tf c #s{';kfta5 steyi exx 'S�
r i t€ Gr
Mr. be Turret
I just want to gat her input as to the program, how it is going
and she fuels
there is anything that needs to be done at this time.
Me. Livia Garcia:
Sir, we are in a holding pattern right now, at Beckham
Nall. That
means that the program is not moving, because the County is
waiting for those qualifications that they are trying to write, in order to
qualify this
agency that is going to run Beckham Hall, to take over. What I
see -is that, -the County is not allocating the necessary funding to run such a
—
program. What we need in the County is an intake assessment and referral
e:entsr, a centralised facility where the homeless can be taken and their needs
assessed and
from there they will be referred to the necessary programs, and
we don't have that right now.
Mr. De Turret
But do we have existing entities that are nonprofit, private
entities that provide that service, that could move in there to do that job?
Ms. Garcia:
Yes, sir and the County has received two applications to run the _?
program, but
they have not accepted those applications.
Mr. De Turret
Who has applied?
Ms. Garcia:
The same agency wrote two proposals, one for $400,000 and one for
$800,000.
'
Mr. De Turret
What agency is that?
Ms. Garcia:
Northwest Dade Mental Health.
Mr. De Turret
I've heard...
Mr. Plummer:
$800,000?
Ms. Garcia:
Yes, sir, the Coalition for...
Mr. Plummer:
Is that for ten years?
—
Ms. Garcia:
Forone year, sir. A Coalition for Care to The Homeless
;
recommended to the County about eight weeks ago, that budget, that run such a -
_
program°would cost $800,000 and the County seems to... Mr. Ike Withers seems
to accept that budget.
Mr. Plummer:
*800,000 just for Beckham Hall?
-
Ms. Garcia:
To run an intake assessment and referral program at Beckham Hall.
f,
-
Mayor Suarez:
I'm glad somebody else thinks that is a high figure.
C
_
Mr. Plummer:
',Well, you know who is going to be homeless? - me, the taxpayer!
Ms. Garcia:,,Northweat
Dade Mental Health, sir.
NEW
s3
Mr. Plummer:
Wait a minute, you are talking about $800,000 just for an intake
and referral
service, it has nothing to do with the operation?
Ms.;Garcia: .Oh
yes sir, it would have to do with:the operation.
Mayor.Suarez:
Oh,- the whole thing, ;
Ms. Garcia:
The whole thing.
Mayor Suarez:
But what about the $400,000 proposal?
} zf;
Ms: Garcia:
It -°is; for ' an intake assessment and referral program, the $400•Q00
One ..
_
Mayor
Suarez:
And not to run the....
_
Ms:Garcia:..r
To run the facilityand to... with thefor_ e
grog raa latakpf,`
asso itimant and
4x
'referral. n
_
� : `
Mayor Suarom
So 400 00 what # tho difference between: the, $41 r RA /■.)A q
1 'F i o �4 .IR' tht5• $IKi/Q
J
Fi•'.
k
,1^ v% n t. b ` i A Fx �„�Fq. ���+ i v. a Ri v, AS � ^�1�Y t j J t-p"i�tt4v+•'-
t
y
a
n x
.pxp� d
ac
4
x
Ms, Gareiat !lore services to the hombiess,
Mayor Suarez: So they could provide a skeletono if you wish, set of 6ervices
6v operation for $40000007
Ma.-Garoiat No it would be a good program for $400,000.
— Mayor'Suami And how much does the County propose to spend on running?
Ms Garcia: $240,000.
Mayor Suares: °How much have we allocated, if anything?
Mr. Rodriguez: Eighty.
Ms. Garcia: I think,that they are going to get eighty from us.
Mr. Rodriguez: $80,000.
Mayor Suarez: $80,0007 All right, $320,000, so we would be short $80 000
under that.'
Mr. Plummet: And you are having how many clients in Beckham Hall at the
maximum? - 150?
Ms. Garcia: Yes, sir.
py
Mayor "Suarez: Yes, butthatis 150 at any one time. You may have quite a
turnover.''
Mr. Plummer: It still comes out on a basis of $5,000 a person.
Mayor Suarez:' That's about $2,000 per person per year, if you. assume 150`:
Ms'. Garcia That's, very cheap, that's` very. cheap.—.' ;
Mir Plummer: No, it -is $5;000. r
0
Ms. Garcia: compared to the other programs that...
Mayor Suarez. -,-'If ' you- use $400, 000. n '
Mr. Plummer: If :you use $800,000,* divide '•it by.'.. r, t'
_.
Mr. De.Yurre: :.For $800,000 yes, but $400,000...
Mr. =Plummer: . 1541-: which is>the number I had heard previously, it is
$5,100, $5,200 per person...
Mayor Suarez:- Per year, -right.
Mr. Plummer: This is homeless?
Mayor Suarez But that is, assuming that you have the same people,'. and you
don't have''':to give- them:,all ,the -services of `intake and referral, I: aaea#:, l►uu
know, w-if. , you have a : turnover, you` may -.how=-.many 'different ::clients Mou1q
poissibly would='.you: have over the span= of: a year?; • You!'may=shaves a: lgt�iaarer;x#aa
154; ;'you. would= presumably have r s .:K $
Garcia c-•.ai,'Z00: ,
5 �
i.
Mayor Suarezt t Yes. The ..$400, 000 proposal its vor3► reasoAable. Tire $S00 ii0Q r FY = 3
is theroae I4havp problems with } ;ti { z�a w r N
+'fit'
%�'k ��'°iyY'7YiT�
0lS: Garclat It is �►eri► reasouablp, �vepy..� Acco�rdiago, tke:oaeaeeoa Foic
kgAj'"
O'�be7i�ae'wRs,:$$00,:000:rould:�caatt.Tte�ae peopls�a
snry lea. the ; ara : !a #rer ;bald ; e ape" y a t �► YIN
# p b tt ha get4haxe, sir.f-,,
•'' A to T 3 r., w 1 fin'; v��l Yt. F. '1, {' s .. ,j l °== t s ,,: k'"t f# n 7 c`"'ihn..; F•• kr F } 'yr"
jr PlVf1mr.i' i guess, that,+$ where .the a 14 comes-frl* $oog; i x�
poarkoua4 is +� l LAo�lsl.no I JRA:A,3
}
1!:►?Gairdaa►A p�lt�t ie that'they'did mat 'a►ccep�kp$+.90�t���t�����g�' a
3 s;
Mr. be Y`urres They want even less than that?
Ms. Garcias That was the last one, for $400,000:
Mayor Suareit: But why? Why did they not accept it?
Ms: Garclas =1 don't know, air. `
Mayor Suaret: Who was the person? Was it Dr. dithers?
Ms. Garcia: Dr. Withers.
Mr. De Yurre: Now, the only other question I have is, do you have an office
for the homeless program here in the City?
Me. Garcia: No sir, we don't.
Mr. De Yurres OK, because that's the reason that we have the letters -frog DDA
and also the.DNBA. In many cities that have homeless programs which are:in
the core of the downtown area, DDA offices of this nature have provided space
forhomelessoperations, so I would like to see it and I imagine that it.wouid
be appropriate to have an office.
Ms. Garcia: Yes, sir.
Mr. De Yurre: OK so I would make a recommendation that you contact the DDA
And DNBA-and we.have gentlemen that are going to speak here now through.,Sergio
_ to see if we can set up some space. If we are not willing to set upspace,
here`at•-City Hall or some appropriate place that we contact-theaw.entities.
Mr. Rodriguez: We do have a space available, Commissioner and Vice Mayor, you
know,'for that program in Community Development that can function=any time,,=80.
it°is an issue that I guess the Manager at some'point can work out- either
the ;DDA, -if .. it-_�Ie an option, or' in another -place -of :the City where :we have'«ths'
space. available, as to°what would be .the` most: convenient place:°to 411ocati� the
staff'and I don't think that would be a problem, the issue of space'shouldn't.;.
be...
Mr: = De Yurre: Well, :.obviously, it's : been a. problem . for months, , .since} they
still don't have the.space. r
Mr. Rodriguez: Well, I;think that's not the issue though. I think he issue`?
has.been whether the place that has been located is satisfactory to the people,` ry.
who are working on the program.
. Mr De=Yurre: Well, then there's a problem.
SEEM
Mr. Rodriguez: Well then, for that decision, I think should rest on the hands;
ME of the Manager as to what would be the most logical place.
Mr. De Yurre: Well, that's what I am saying, if we,can finally get some place
wherever'it:is, that they can set up -shop and -operate. 5
Mr. Rodriguez:-:- Well, the Manager told me before he . left, - he ,was brief Ins ms,
on this issue, you know that he was looking into that issue and he.aas;goiag:.,
to make a:.detormi.nation .once. Ms: Garcia comes'back offieialhy from being oick�
as ,to::Mhat „tbe -proper, location for ; her participation-.
thenprogram -And.°the:;program-- ; As far; as the recommendation°is conc4rned
Manager :hfs :been_ strongly, recommend ins :than 4e .cont inue-1or, the time4:: us.
for a period of .time -that vi1L: °be, limited rhelpiag in «DAckhaoi' H+�ll#+fort
making clear you kaor that we ..are supporting ..that. eifaxt of ktbe rCoua,' bash '' Z
s`
n4p taking:=over,faho zefiort, because we: believes =that .ve. wil3 �bo 4gettAgDtef#
fiscal:responsipility--which-.-is ..boy6nd what No-�caa do at this5point3 ,
ssme ,time Me -want. to continue p�covidiag any support that vro` f
t.apoint yot: broµghtr.baiore.' about'•trlring taaoick' Mith=all Lh+�tdtfaarmtrp�ta�z"
is ?tryAg toy �eesresome k-fund in=; .I think:{3tis: +igaod i:ides►,�tbinl�t'#+�y`f'.:
are follo�ri�ag, butt maybe ae}are .nest Being: as #ggrossiva ms you �rou�dko�t �M
_
Mai
Mr, yyDe -�furr o yWsl#, thla pia the time: 0,-kd fit, so l4tt'a wp' a► h x � ;� .
&
t sit ► � yQW4
ti
Ms: Garda: Thank you:
Mt. Pludeber: What is the Dade County Welfare doing, which is their
responsibility?
No, Brookes There is a Department of Welfare, or emergency services, it's`
part of Human Resources and it is an interesting question which you may wish
to propose to the County. i mean, it came as a surprise to us that the County
didn't see .it as their roll.
Mr. Plummeri Tell me if I'm wrong. Is it not the responsibility of
— Metropolitan Dade County Welfare Department to take care of the homeless?
Mrs..Kennedys That's correct.
Mr. Plummer: Mow, what are they doing?
Ms. Brookes They have emergency services, they do some emergency subsistence
payments:.similar to the old welfare check kind of thing, but it is like a one
month thing and they have their other direct services. They do not see
themselves as shelter providers. They feel it is something appropriate to .the
private sector.
Mr. Plummer: But we are not, the cities, all of the cities are not in the
welfare business. We all turn that over to Dade County. -
Me Brooks:i Right, the function -was given up. when Metro was created, correct..
Mr. Plummer: So, you know, us sitting here doing nothing to urge them, or to
embarrass them, or make them recognize their responsibilities, we're derelict.-
I
Mrs., Kennedy: That is a very correct statement, if I can just interrupt you
for a second. The City was instrumental in dealing with the homeless and with.
Beckham.: Hall and it .was the County.'.s : responsibility, -.but:i nobody :;was, doing
l` anything and unfortunately all the homeless ended up in downtown Miami and in
the City.,,of Miami..
Mr. -.Plummer: Well OK, also you have the.situation-where every:dollar::that-.the .
County collects, -.in itaxes is 30 percent - #rom the residents of the City of
Miami. Mr. City Attorney.
Mr. Fernandez: Yes, sir.
Mr. Plummer: Are we in a position to force a lawsuit_ against the County,
stating -that they::are.not shouldering up to their; responsibility, by virtue of
the taxes they are collecting from the City residents?
Mr.;Fernanders.. Yes.
Mr. Plummers_-Well why aren!t we?
Mr. Fernandez:.,: Because you haven't told me to do so.
p is give them- 30'days to negotiate Uaidentifisd S eaker•;.Le i
Mr. Plummer.r OK,:. I11. go -along with -that.' I,say" that this City is:.derel tt '
Lidnot'--,forcing � the:County: tot live ups to :their ;responsibilities.`, r"Vould:make;
a` motionr:at Lhis timeme `=that the City Attorney: be'.iastructed ,to sit, dowaV with':,"-,-,<<
the'' appropriate "parties 4n ;the County demanding.i that, hey.= live. upsato?,tbeir k�r ��`
responsibility 4ort:the ,welfare - as..waw, givesi to them` by'4a11 municipaiitiei�
i .thet do . not: within 30�ydayx this . Commissibn' wauld have to i;ta�3ce't the
apprpp rlaste" :attic, ;ro . make sure that our ,Lax.' dollars are`'-betag spent ii#= the 4, y
arreas which {theq are responsible. l don !"t :.know how... I �Fdont lSkea't do, �� " rr
that, `but Uyou )Wow' wet gave: theta $400,000000 in # :eater rand> aew4r;glaat,A, kUuF
jsst r.bao them and they took>itt iia .gave ttsam= toilliona yog{dallaxsp}
0 libzsry=yst,em `and, took it, Now :dame ,it, they v4rMot rempobsibiti�An# ;��
'We of poiislbililfare.' .TTytAl G�g#�
seaport, wV gavo =.them: the , Airport free 9t= chaxq¢ r Nstw:.' F. Mey F tl see"fit
brkmo1tsw�
t" �h����
vrecaij :',z v'
Attorney � be y i>�strusfted �►#Lh the :City ilipu�aga ., Lol el t dpwg= sip as r ti
Aegati+ItiQe3� se�clag kttsaoiotyo `:liveupf;=to tbel;espQt�sia�st`
4 p .
so 14ova1e + t,1 $ r4>.��r.,yr ,1
� iee44� 7Y Fi ft�err. ts�tx di
-A
t
Mayon suates: so moved. Now* this is kind of a political issue, but the next
time the County elections tome up it Mould be nits to have the support of some
bf my fellow Commissioner in changing some of the incumbents in the County and
getting them to reflect our priorities a little bit better.
!Mrs, Kennadyt Hey, i wasn't here except with one.
Mr. Plummer: Mr. Mayor, the problem we are having presently, we made three
friends and bought six enemies.
Mayor Suaritat Commissioner, what you are about to do might make you nine
enemies, so...
Mr. Plummer: Well...
Mrs.-Kennedys I have to tell you that I really don't feel comfortable with
that motion.
Mr. Plummer: OK.
Mayor Suarez: We all want to do the same thing, which is to alert the County
to the fact that we think they are shirking,.their responsibility inthis area.
Do you want.to make a motion to that effect?
—+ Mr. Plummer: Mr. Mayor, not just this area, but this is the one that is
prevalent. We heard a request today, the shirking of responsibility as it
relates to health care in Little Haiti and they admit that they are not doing
what they are supposed to be doing.
Mr. Castaneda: The refugee issue...
Mr. Plummer: What?
{
Mrs -Kennedy: -OK, could we talk about this at the next Commission meeting?
Mr. Plummer: Fine.
Mrs. Kennedy: You appointed me.the_homeless liaison, so :let me.-mset:with�them'
( and.see what I:can do and give.you.a.report.
—! Mr. -Plummer: Fine.
Mayor Suarez: The diplomatic approach.
Mr. Plummer: I have -no problem with that: as -long as we got results..
Mayor Suarez: Now this is Vice Mayor 1pe Yurre's item and DNBA's been very:
helpful. and :the DDA, which one of our prior speakers said used to seem like an
enemy and I'm referring to Bill Perry now, a little bit more friendly on some.
of-the.,issues and that's not by pure coincidence and with the DNBA working
with homeless issues is very helpful, but I don't know what you could possibly;.
add to .this discussion, but I guess if Vice Mayorwants to hear: you -on: this.
.,
Mr. Schweitzer: I only have about two minutes of comments. My name is --Gary,`;
Schweitzer,. ,I'm a. CPA with Arthur. Anderson, 1 work downtown ,I°,also liv¢ its :.,
the downtown ...,area. I'm on the Board of,Trustees %"of .the."DNBA. and
prof sea ional! , council. The professional council ..ls .looking at6 those >issues °'
which "impact not only the quality of life but the economic vitality of the
downtown area. We look at the homeless issue more from the point of view -
on
bus inane people -,and +►e° think: that. ,the resolutiand the solution of the �r�p
homeless F X r'G
problem is not only the morally right thing to do, but also makes
economic .sense, .c:=Ne ! re ,very Pleased that, -the .City Comaissios,„�i tytli r,t'
appolated:Livia.Garcia-�as the homeless coordinator. -.We think she has does
oxtraozd�nary job, even at 'the risk of her, own. personal .he,alth.
process oi.lobbying .the:Dada : County::. Commissiopers ; to .fgl�ow.., y 1 ieal alnd
lobbyiaag hem; —to, brave thaw , oppoiAtw,a homeless coordinator as you have �loAerP t k�`"'
our next."Sosl alter that would be to have,, the State of Florida ;appQtr,x ;tg
homeless coordinator: i1e ends;stand that the City'{Com�ai�ssi�oe p�lgh�tp� sr
aossidarit�g; the. #ormin6 of a housing. , .t n #�om ens i Pyo fiat i OVUJOW
tbimk =that d thaV':-tunotioh oaA't#av,s Pita b.iSSga imgaot by o� 'e e
r�
r
ova the; dawrto '*no Uttle Havana" .area ,and to,have
<<
F i y J
T
ahould be located in that area and the Downtown Development Authority has
specs available in downtown Miami and we would support the idea of not only '
forming that division, but housing it downtown, possibly with the Downtown
Development Authority. Thank you.
Mayor Suarest it is good to know Livia has so many people that want to
provide an office for her.
Mrs. Kennedy: Would her salary come out of DDA or Community Development?
_ Mayor Suarese No, DNBA, he Was speaking on behalf of the DNBA, I would think
that%the DNBA would provide her salary, is that a fair assumption?
sx
Mr. Schweitzer: No, I don't provide her salary.
Mayor Suarez: The Greater Miami Chamber of Commerce comes here a lot with
ideas.and a lot of them are useful and the Downtown Miami Business Association ='
comes here with ideas and a lot of them are useful. Are you willing to -put your money where your mouth is? r
Mr. Schweitzer: I'd have to defer to Patty Allen on that one.
Mr. Plummers That's the same Chamber of Commerce that comes here that yet.to
ever.give-us a dollar.
Mayor Suarez: Or is it the DNBA now, but...
Mr. Plummer: -They've not given us a dollar.
4 Ms. Patty Allen: Give you a dollar for what?
-; Mrs:. Kennedy: For anythingl _-
Mr. Plummer:. No,.the DNBA has never given us a dollar. They come here asking '.
—1 for.$50,000 every year.
Me,., Allen.-,- Well, we_ represent the business people downtown who pay taxes who'
fund your General Fund, so we give you quite a bit. We only get $50,000 from`: !°
Community Development and if you want us. to fund— Livia's position,:;:Ne.'ll '
request more.money.from Community Development.71
( Mayor Suarez:: Have you considered asking your members; in the DNBA,to::make an
3W
i additional contribution so that you. can -.help in the issues of the:homelesa?z,--- ;N-.
Ms. Allen: They feel that for what they pay taxes to this City, , it is the .k -
City's responsibility. As taxpayers they are -:not getting their pollee, :they
are not --getting a lot that they are paying for.;
Mr. Plummer: •It'a the County's responsibility!
{
Mrs. Kennedy: There we go again, yes. n
Ms. Allen:.Weil,•this is what we are trying to do, we are trying to go to the >
County. See, we went to you and now we go to the County. k'
� Mayor-: Suarez: Well, ,the point is that your ideas are very good and your
suggestions are very good and in the case of the DDA an office being offered' ,
.is;,very good, but a. of of resources are needed and we are going to need
than just ideas.
1 Ms. Allen:' You have the general funds, r:
j Mayor Suarez: The.,General Fund, 90 percent of it is for essential maicipal,�`
services; -as you.=are•well aware.
Mr. Pxummer� . Of- which 27 - percent comes ..from ad • valorem: taxe1.
s; just s l ,ttle3
'bits shout to runn justs the'• Police Department,
!layor, Sucre$:.Did you,Maat ,.ta: •dd • Anything :+rir4 Mx Yio , 1is is
.:
ern yoar .:ttsm?, .,pe,c�►ute w: ve ; gpta.,rlat : of 3 p*44r xeti3tg r tie Sot l'id Y �tY
cad doing' agenda that we haven't staftod as yet.
i
'srtawfi
A
.r
.rF
Mr. De Turret I didn't, you know, know they are here, but these are people
— that ara iavolvdd with Camillus douse.
Mr. Roger Somant My name is Roger Soman, I live at 3815 Main Highway.
Mayor Ruarett t No, Roger t
Mr. Somant He, Mr. Mayor, my house caller. I'm also president...
Mayor Suar6as Brought you your newspaper, even.
Mr. Somant 'Yes, you did, thank you, I'm grateful to you. I wish you'd have
brought'The News but it doesn't happen anymore. I am also president of, the
board of Advisors of Camillus House and that's my full time job.- I wish -that
this -board would act favorably upon soliciting the Downtown Development
— Authority and asking them for an office so that Livia and her entire
department can come out of the quote, holding pattern, and quote, that they
are in. I really don't think that Ar job can be well served working In an
environment,- other than downtown. We've moved mountains for the downtown
business community and I think it is incumbent upon this board to continue ,to
move'the mountains.
Mayor Suarezt Us don't need to ask the DDA to do that, the executive director
has offered to do precisely that and it is really up to the Manager now to
work It out so that Livia Garcia, or whoever he feels can be assigned 'to
there, if that is'the logical place to house it.
Mr. Somant Good, I'm delighted. I'm also delighted to learn that the City
Commissioners and...
Mayor' Suarez: I kind of wish my executive director of the DDA had checked.
with me before he sent that letter, but that's OK, because I agree with it.
Mr..Soman: OK, all right, that's your bone with him. I'm sort of delighted
that...
. t<<
Mayor Suarez: ,No, No bones' with hits`.
Mr. Somans . the number of eight hundred and some odd thousand could care'
for 154 homeless' people on a one 'year period `""has come 'up before this board
today. It might give each and every one of you a bit more understanding;
compassion.and appreciation for the work that's done by, the nonprofit 'sector r
for the homeless here ' in the community;: not: -'only Camillus' House, but'revery '
other' agency .in' town.
Mayor Suarers.<, Through contributions from how many countries, 42.countries, or «:
something? -'and I'don't know how many states, it's really...
Mr. Somant Well, and we've never sent a begging letter, but we are going to
® have to start right -away. I thank you all for listening to me, and God Bless
You.
Mayor Suarez: Thank you, Roger.
Mr. Estevan Torres: Do you think a businessman from the Little Havana could
say some words here?
Mayor Suarez: On this issue, Estevans ti
i
Mr. Torres: Yes. x
Mayor Suarez: Why,don't you give your name on the record?
Mr. Torrent Yes, sorry. Mr:, Mayor and Commissioners, my name is -,stay
Torres, I am a businessman from the Little Havana and I . tAk thp,r 7f rx� x
ti ; Commis siop- rs, the Mayor, . have to be. more _involved 'in ,the :home esq `problatn We x
have, not only in Little Havana, in the whole City.
Mayor Suafeas, . You .are. also cochairman of `'the Little Havana TankOXcI�dY `+
:y.Qu've bean;`doiag. some excellent work in that. regsrd
[ MY•ore+� 3 4K, that on only what 1 want to Thst4�C
t�
�ti �4:13 Jr .—u+t-r' M,•.•y^•c� :.1+G ', t«H't ew}-, it-• 1
r
Mayor 8earaze Thank you.
SO. ART ADVISORY BOARD BROCHURE Allocate $14#000 to cover printing: t�
expenses. ,.
r,
Mayor Suaress OK,.Commissioner Dawkins. aY
Mr. Dawkins: Mr. Mayor, I snake a motion that CD provides up to $14 000 'tb
have the brochures printed that Mr. Perry was saying that's camera ready and
we need the money to print it.
Mr. Plummer: Is that from the DDA Contingency Fund that we held in reserve?
Mr. Dawkins: From anybody, yes, from whatsoever.
Mr. Plummers I'll second that motion._
Mayor Suarezt Moved and seconded.
Mr.- Plummer% From the DDA Contingency Fund that we say that we held. We'll
release that $14,000 for that purpose.
Mayor Suarez:--Any-discussion? Call the roll.
r' r
_ The following motion was introduced by Commissioner Dawkins, who moved.- ,
its adoptions;t
.r �x
MOTION'NO. 89--296
A MOTION;AUTHORIZING AND DIRECTING THE,:CITY- MANAGER =TO T-
ALLOCATE ` AN "AMOUNT ; "NOT- . TO; ` EXCEED ` $14, 000 FROM THE.
DOWNTOWN DEVELOPMENT AUTHORITY CONTINGENCY FUND TO _#
COVER;PRINTING EXPENSES OF`A.BROCHURE.WHICH"CONTAINS A $*
} LIST. AND PICTURES OF.< BUSINESSES, CHURCHES, YOUTH,�
CENTERS, SCHOOLS, PARKS, DAY-CARE CENTERS, AND rl �
RECREATION'.CENTERS IN:THE OVERTOWN,COMMUNITY. , t
Upon being seconded by Commissioner Plummer, the motion was: passed and
adopted by the following votes
AYES: Commissioner J. L. Plummer, Jr: '
Commissioner Rosario Kennedy
�'. Commissioner Miller J. Dawki>as
Vice Mayor Victor DoYurre
Mayor Xavier L. Suarez y=
r
NOES:,, - None.
Y
ABSENT:... :,None..,
14
n Ni
�r
l�^ - h.r4 r 1 ,$ +.r» r>'• y {,. � N '� ' { jr+. "•:� �r �.�.. �y �i;. :r�i ���t r
`'
"{ 'xan' < t
�44
1$ ���' an��. 4r�io i o+2� i r• i'e, �- b � a$Y a t � 2 _ •
e
rfs�'_
•
4
Mr. Herb Sauey: Commissioner, I don't know which part of the AdMiniatratibn
they tried to contact and didn't meet with them, but...
Mrs. Kennedy: The Manager.
Mr. Baileys There is a representative... well, OK. There is a repreatentattva
from our office that meets with them every Tuesday. In regard to the $66600 y-
there has. been a resolution to that. They have met as of this Piet Tuesday
which is their normal regular meeting with our staff, where permission has
been granted by the HUD monitor, at least verbally, that we could use CD money ;
to provide the $66,000. The neat thing that will be coming forth is a
resolution to this Commission on the April 13th meeting, approving. a
resolution authorizing the use of $66,000. 1 don't know who they tried to
meet with, but it certainly was no member of my staff that they didn't get a
meeting with.
Mrs. Kennedy: OK, I want... •'
Mr. Dawkins: They did not have a meeting with the Manager and Mr. Castaneda
yesterday morning?
Mr. Castaneda: Right, that is the first meeting that we had.
Mr. Dawkins: Well then, Mr. Bailey just said he don't know whether they are
trying to contact anybody and you stood there shaking your head, no, and they
talked with you guys yesterday morning.
Mrs.,Kennedy:_ The.point.is, it has taken them three months to get an 'answer.
Finally, at the llth hour, right before this meeting, they get an appointment
and S don't think it's fair...
Mr. Bailey: Well, when they say the, Administration, I just...
Mrs. Kennedy: ... and it is not you, please, Herb, it's not your But it has
been very difficult. From November 17th until last night they have not. been
able.to meet.
Mr. Rodriguez: Commissioner, may I add something for the.record, you know we,'
have, the Planning Department, and I know the Development Department have been''
in the past incontactwith Dorothy Fields and Bill from the Black Archives.'
on this continuously., We have a staff that works all the time assigned to
i. that area, so they might not have contact with a particular person, .that they
might meet,- but.. I think.,,there has been an effort to, all , the time during the
' year from. the Administration to work with them and again, we`will 'continue,
working with them to try to get this project through with the limitations that: £,
;s
we have in funding, you know.
Mrs. Kennedy: OK, would you like to say anything?
Me' Rachel_Culmer Williams: I would like to say something.
Mayor Suarez: Your name and address, please, first.
Ma. Williams: Mr. Mayor and Commissioners my name is Rachel Culmer Williams
aad 'I am :a resident ,'of Miami, Florida, all of my -life. We, have tried to ;
_ contact the City Manager's office maybe four or five times since November and
xe,, were only, able toeea him, on yesterday, and that's why.we are here again y
today.;
Mr. Plummer; But you did see him.'
Rodrigue:f His staff, also, and the Manager. s r
4€*�
r Da ki s._ Mrs.. Wi,llia�ns what'.did Lhe ` Ma a e ronisa' S esterda ?
n n B _r P Y ay
", Ma, ,.Williams to as,id =that . hi$ asoi;staat would resolveh¢ mattedpF us
�Mr. Gastana n
r
+ t
# L Aawkias: OK
'pr'1'y�'tkci... ,s, ..::. .4—.:�', .. ..,.: .> ..•?. ..... _- ..., ..... .. ., .., <m,.,.r .-.-. ... .Y'.s_.._.... _._u'_!,#�L.__str _
Mayor Suatass Call the roll.
Mr. Plwoers 'tee, she did.
No. Hirais I did.
34. (Continued Discussion) Discuss and table a second time request for
authorization to reimburse Cruz Development & Associates, ltd.- tot
disposal of construction debris - regarding operations on Block 24N,
Southeast Overtoun/Park West Community Redevelopment Area (See labels 1
and 59).
31.
Mayor Suarez: Item g is the monies necessary to clear the lot...
Mr.. Baileys We have the money...
Mayor Suarez: for Cruz Development?
Mr. Bailey: Yes. We have discussed this matter with all of the departments
concerned and Mr. Mayor and members of the Commission, we just cannot
accurately 'say who is possibly the blame for the debris that's on the site..,
We haveia lot of illegal...
Mayor Suarez: That doesn't mean we have given up trying to find somebody to
blame.
Mr.? Bailey: No, we have not given up, but there was a lot of illegal- dumpin'
andr1 was reminded' -the arena development took place a long time before these
other contractors got on, the site. We had Solid Waste � remove' a l"ot `bf . tiie
illegal, -dumping. We have concluded than for the price we paid the person who
removed :the illegal dumping, they, couldn't have possibly'ploaed over :ahy of.
the debris that they found on the site, because they only got $4,500 and'-, it':
was bided out. They were the lowest bidder, so what we have in there .is a'
matter which.ww..
Mayor Suarez: $45,000,000? -
n
r � '
Mr. Baileys., $4,500.
�f Y
Mayor Suarez:, Oh, I Ahought you said a million!` s
Mr. Bailey: _ No,. I'm sorry.
® Mr. Plummerx How much was the original contract with Cuyahoga before they
went broke? That was the'question:,I asked this,mornii
Ms4 Juanita '.Shearer: Commissioner Plummer, I'm sorry, we Jhave not been able*
to come up. with. that, but it was a small building that Cuyahoga was working
on 1-What, :we, were 2 able to find on Cuyahoga', .however, " was that` =a second sad`'
third. -in
spection was done and Cuyahoga did remove their debris.
Mr; Plummers The question I'm still asking is, how much was their original
contract;, and, wan , it< bid?
Me .Shearer:. For:'Cuyahoga Wrecking? Yes air, it was bid.
Mr Flummer:. HoN mush=+was:,the ir contract for thgt -site?
Ma Shearer; I do;.aot have that information, we wexe not able to some'p xiti: '`f" +
that information #or i'yQu, I'tn `aorry:' We'1' :have to look furthe
reaorda.' { F r a �RX, }3 �h s <j§raxrs �f ya
Mr:' Plua ner: Come` hack; when you do.
r
f
Mayor Suarez i OK.
! `1
#l.; Ssi)ey: Knit a minute, I need a clarification. < �£
{r tY7 gar r F'
Mayor $uarest: Clarification.
Mir. Bailey: -Tefoi am I understand that until we get the amount of the Cuyahoga
bid, that y6u ,Viil not pass Item number 22
Mr. Plummers I won't vote on it because I'm asking that question and you
still got almost three hours to come up with an answer.
Mr. Baileys All. right.
Mr. Plummers I mean, if it to important, you can find it.
Mr. Baileys Oh, we'll find it. It is a matter of public record. All right.
Mr. Plummer:;Paying $150s000.
Mrs., Kennedy: I know, $150,000.
Mr. Plummers They.got $1,000,000 to.do the original.
(THE ITEM:WAS THEREUPON TABLED)
35. s ,.Clarifying cosmnents by Administration in connection with withdrawal of
Agenda item PZ-1 (See labels 38 and 40).
Mr. Olmedillo: ': Mr. Mayor, `counsel'' for, the applicant of PZ-1 had asked me .to
put on the record;:something,which.is a statement -of fact` that::this Commission.
adopted the Miami Comprehensive Neighborhood Plan �.for, 1989.-2000 and in there,
that particular `:property_ is :already. designated for:.;the multifamily high
density residentialt..use,,that they were'" -seeking and that ,in .effect will .do the.:'.
k.
change ;that ;they, were ,:seeking by this PZ-1. 1 just; want -;to: state the fact on, ,
the record. R
Mr. Plummer: -There.
s
36. DISCUSSION CONCERNING FIRST READING ORDINANCE: Zoning 'atIas` :amettd>' '-
(scrivener'error):-_=change:.zoning.designation.of southern 5' of.;property'.` = ,z
located,.at.- ;approximately :J15-129 ; SW 36th Court from CR.. 3/7 to RG=1J3:
.
(See label 39), ;.
Mr Olmedillov,.,Do you want to go ahead with PZ-2? PZ-2 is.a scrivener': -'
error, actually. It is a draftman error, but in reviewing the, zoning atlas,
we: -.found out that...
Mayor .Suarez: ; Is- there anyone that wishes to,.be.heard on ,PZ-2?, Let the
record<�.:reflect- no . one;,stepped . forward.. -,We are, very: happy ,,.to,`,.,coFrep
errors.
Mrs. Mrs. Kennedyu !love it:
Mr. Plummer:. Second.
Mayor. Suarez: Moved .and seconded. Read the ordinance.
NOTE FOR: THB : ,RECORD AT THIS CITY ATT(?RM
.POINT .THE
INAAVBRTSNTLY READ:. THE WRONG. ORDINANCE INTO THE -RECORD
39 WHEREIN :CITY ATTORNEY BRADITLB OP TH8 CORRECT ORDIHAN M
AND A NSW ROLL CALL WAS ' TAKi. _ r
F
x j
38. Direct Administration to request !Metro -trade County to release Icity froth
the deed restriction on north aide of Sth Street between 3rd and 4th
Avenues. (See labels 33 and 40).
Mayor Suarezt Mr. Vice Mayor. s;
Mr. De Yurret before we get to PZ-4, I'd like to have a clarification on PZ-
i. it is my understanding from talking to the Legal Department that what is
71
-
being requested here is automatically going to be. triggered in in about a:
week, is that correct?
Mr. Olmedillot That is correct, that is what I tried to explain on the }_
record.
Mr. Fernandez: That is correct.
Mr. De Yurret OK, so we are saying... so that means that next week we can go
ahead and start proceeding to build housing there on that piece of property.
Mr. Rodriguez: No, they have to get the zoning. ^3
Mr. De Yurre: What's that? V"-
Mr. Rodriguez: They ,will have to have the proper zoning. to do that. What 3
they will have at that point is the comprehensive plan will allow them to w
apply for a zoning that will be conforming to the plan. Until now they were
= not.
Mr. De_Yurre:. OK,, so then... OK, and they were going to start the procedure
to change the zoning...
Mr. Rodriguez: They have to start the procedure to"ask for'.applicsit ion for
zoning „and .they .have to.start that process themselves.
Mr. De. Yurre: Well, that's City-ownedproperty so it would be staff that. {
would 'have to do it. :x
Mr. Rodriguez: No,' some property is not 'City staff. This'is thait general,
area: 'Some of that property that was included there... L
Mr De. Yurre: No, I'm talking about 5th'Street,`Sth street`and°3rd Avenueiii
; '
between 3rd"and 4th.
Mr. Plummer: That has nothing to do with item 1. 'Item I'is further north. s•
Mr. De Yurre: What do you mean, further north?
Mr. Plummert It is up around 7th to 8th Street, isn't it?
Mr. De Yurre: No, no, north...`
Mr, Olmedillo'i 'Between Sth and.7th Street. Y
MeyorSu�roz: , 5th . and ,7th.
Mr. Pl o i `
unjrper: Oh, . Sth and 7th. Oh es but t is north, of th MMus HOuA
, - yes, a.. Cams
_( Mr. imedi to r r
i Q 1 i That is correct.
-
{1j N De `Yurre: Well," that's City owned land.ZVx � J
Mr. Rodriguez: There eAa portion that is owned by the City.
Mr. Plummer: well, it's partially City. owned. 3' _
i +a
Mr, De'.YuErres Weil, at least what I nin talking about, the part
Mayor Soarer; To
buuy dT Ftirf j � T .S 'k+tJ it "6i3K;.� —
µ
M
1 0
mr. Rodriguez: , Then you are telling us, you are instructing us today by a
not ion Ithat you would like us to initiate the toning of that property, that's
The following resolution vas introduced by Commissioner De Yurre, who
moved its adoptions
RESOLUTION NO. 89-299
A RESOLUTION, WITH ATTACHMENT, DIRECTING THE CITY
MANAGER TO REQUEST FROM METROPOLITAN DADE COUNTY
("DADS COUNTY") A RELEASE OF THIS DEED RESTRICTION
WHICH REQUIRED THE CITY OF MIAMI, FLORIDA (-MIAMI") TO
USE THE PROPERTY LOCATED ON THE NORTH SIDE OF STH
STREET BETWEEN 3RD AND 4TH AVENUES, MORE PARTICULARLY
DESCRIBED ON THE ATTACHMENT HERETO ("PROPERTY-), AS
SURFACE PARKING.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by CommiseNner Kennedy, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor be Yurre
Mayor Xavier L. Suarez
NOSS: None.
ABSENT: None. 'ry
39. (Continued Discussion for correction of public record) FIRST READING
ORDINANCE: Zoning atlas amendment (scrivener error) change''zoning
designation of southern 5 feet of property located at approximately 115 ;y
129'SW 36th.Court from CR-3/7 to.RG-1/3. (See label36.)
Mayor Suarez: Item...`
Mr. Fernandez: Mr. Mayor, if I may interrupt one second, I read the wrongz
ordinance when we were back in item, 2 and the vote that you actually" took
wasn't proper at the time. If you would allow me to read correctly ordinance::
on item number 2 and then take a vote on that again.;_
Mayor Suarez: OK, let the record reflect that this is the correct ordinance
_.,
than should have been read at two. - e,
- AN ORDINANCE ENTITLED
AN. REMEDIAL ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING:.
CLASSIFICATION FOR THE SOUTHERLY FEET OF THE,. LOT
LOCATED AT APPROXIMATELY 115-129 SOUTHWEST 36TH:COUdtT,
=1 MIAMI ,FLORIDA (MORE PARTICULARLY, DESCRIBED HEREIN),
—� FROM CR-3/7 COMMERCIAL RESIDENTIAL (GENERAL) TO RG-1/3 yh
(GENERAL, RESIDENTIAL) MAKING, FINDINGS; AND y:MAKING � ai
:.ALL. THE NECESSARY CHANGES ON PAGE N0. 33 OF SAID
ZONING ATLAS] AND PROVIDING AN EFFECTIVE DATE.',
Was introduced .by Commissioner Kennedy and seconded by-Commiseiansr>'
t P.lummer: and was passed -on; ,its first reading- by title by the following;'votes
-
}
t
- f5A
Amy£
-A21`kk
Mgt Com tssioner 1. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Vittor be 'furre
MayorXavier L. Suarez
NOES: None.
ABSENT: lions.
The CityAttorney read the ordinance into the public record _ . y p d and
announced that copies Mere available to the members of the City Coission'and
to the publib:
COMMENTS MADE DURING ROLL CALLS
Mrs. Kennedyt Nait, wait, one second. Before I vote, how would this..:
Mr. Plummere This is on 2, now.
Mr. Fernandez: This is 2, I am rereading 2.
Mr. Plummer, He reread 2.
Mrs. Kennedye OK, I might have to reconsider the previously passed item, 1.
40. (Continued Discussion) Clarifying comments by Administration in
connection with previously passed Resolution 89=299 concerning'reque•st
from 'the 'County to release City from deed'restriction on city -owned lot
(See labels 35 and 38).
-Mayor Suarez: Mow the prior motion, please explain,how,.,if any way the
that we previously passed affects the proposed use of the Camillus it: or
the "Br others•of'"The Good Shepherd .when.--it°`gets to.,their: property. See
Gui`llermo`shakirig his head negatively.; r~'
Mr. Rodriguez: As far as I know, it will not affect the...
Mrs.-,- Kennedy: Don't they need the parking? Ji
"Mr. Rodriguez: Yes, they need extra parking.
Mr.'Plummert 'Extra, or they -need required?
s Mr. Rodrigues: 'Moo" the thing is this. They can build the parking'in their
property, biitt have to build it structure.
Mr.` Plummart �:Oho OK
Mr.'.Rodriguez:So you,see what happened in -they have,:been trying to get 'relief
fro* that .-by, try Lag: to get` a variance that they . haven't' --applied rfor, or by
tryiag` to.get "parking `across the street.-- S don't bel°eve," froiu what, I know► at t
this point that/that � would'' affect the -property, .but.:
Mr, Olmedillos They couidn't get the parking across the -street because it is a F �Y,
different,' zoning -district:
F"k$'�
Mri 'Plummeri'' Nos'
Mr. Olmedillo t :. r and they; couidn t get
q S yt
Mres *enaedys Ali'. right: �� *�s u a t�,' �e <' ' {rx��rV`r
V.
- .• tr, - :- +, . _', re n +t+r: � l H1} r,��@e e��"t�'.J�r�+�rt a.f��rri .
Mr' Oltpedillp� Tligra arb tations too° thi
jr ,� } a.,, .:. X w. Y t.: k`' F i .a t r t'S F't h"�"`; "•-iir f t r�"�' r�Ys r iM?s- AY{,
grip igKettnsd�►s� Ott fr� 6 »
ta�-n•pt t �-.,�` u,E •et k �.a-i�r y�� p �.{ �, .c 3 tscZ , t ` � � ,,55 .
A i Fr
P r 'a rr ,jn ic?n .%•e,-.
t.+�.Xw
r �
s �
a r L r
Maw ' Suaroit
need.
Mr6 Olmedillot
Ntr. ilbdrfguea:
Yes, they are going to need to get parking which they ` don'ts
Or get a variants from a Zoning Board.
It's a hotel.
Mayor Suarest Us, right, Ott. ?.
j
- YiiY►YYiY..-..._._..:.���.__..._��..._'--.wit..f.Y—_..:.._i....:-rrrYl`rY.iYrY.rYY�lY�awii� - -. _.. :-
41. Discuss and continue consideration of toning and traffic alternatives at
Coral Way between SW 32nd and 37th Avenues The Miracle Center parking
problems.
Mayor`Suareat PZ-4.` This is a discusaion item on a matter that wa previously
asked you to report back on, which has to do with... <^
Mr. Olmedillot Coral Way.
- Mayor Suarez: ... down zoning Coral Way?
_r
Mr.'Olmedillo: Yes, motion 89-101, the Commission instructed the City Manager
to go ahead and direct the Planning Department to conduct a study...
Mayor•Suarezt All of Coral Way? Some of Coral Way?
- 5
Mr.- Olmedillo: Between 32nd and 37th Avenue, SW, that portion where the
Miracle Center was, and this was a`result of that...
l;
Mayor Suarez: We were concerned about the massiveness of the Miracle Center.'
t
Mr Olmidillo: That is correct, sir.
k
tir Rodriguez: Before you deal with this, let me"clarify soettiiag oa'ahe
r r
record. 3ince'we wrote this 'memo, there have been a decision 'by the Regional A
Planning Council' that...
Mayor Suarez: You like wearing both hats, being the Manager and'Planning
Director, .' I "can''see. a s?1
Mr Rodriguez: Right, at this point, Assistant City Manager. There has been
a decision by the Regional Planning Council on Monday, finding the method that
ae+used even when they'have some questions on' -this as to calculating traffic -
not inconsistent with the original plan end today, we have heard through your ,
office 'Mr'Mayor, that~ they have found the Comprehensive Plan of the City of
compliance with the State plan and with the rules that we have .to
follows' Including that, there is a recommendation that we have. used on a
method of calculating level of service for traffic that was not used, traffic r
impact; that -wasn't used in the `memo Ithat you have in your hand. That level
of calculation of traffic that we have before, compared to what we will be' ys
f,
able'to=use nov,'i$-completely`different. So I don't know whether you,want us
to at this point, distribute that new memo that we have all the calculatl�ons
or whether you want to `until, we'have time to give` you so:aething that+, `ou ,ref
}h
can really aasimtlata and spend some time on it;:;sue
y�{t
Mr Plummer: Is this on the Miracle Center?
IV
. st
Mr Olmedillo: That is correct, same area.
4 `i i is t9
i
Mr Rodriguez: It is in the area of Coral Waq. �$
Mr. Plummet j as any of my colleagues had the ttram ndous " opport4toit�►-
entering their garage? I tract ''to tell you- somethiago,
that they M$t all of the Code to that . parkins situttu�4, T#�gt. �tt����
atruottsr'e ie� an'i�bsolute disaster end- 3 'csntt eatthas'iaeeiao'ta h3'�i� gd�.��'�L' _
v � r
enough x11t ta�i ►r r'e% JUVW nPt°'c#�ar� ng, a but fit "s t►io ta` be B► t °
whoa;thoy star #�eaadof the` :'gates y arp ° ther+s: h r t rrii tB 4x wa A N , -=
ad¢+�t�at Oiai'�pitper they iPok goad, put in ?realtY yten tie 4�I 't1 _
/.
this way* the traffic is backed u
big of you to go into that pai
unbailevablei
Mr. Rodrigues: I find that to
Mr. Plummer:. Nell# Friday night I went there twice, my first and last time.
by the way, I agree with the Mayor, the outside of the building leaves a lot
to bw: desired# but I must state for the record, they did a beautiful job on
the inside. It is absolutely a gorgeous building inside and a credit to the
community. The earthquake on the outside, that's a different story.
Mr. De Yurres Except for the parking inside.
Mr. Plummer: Heyk-the parking, you got to experience it. The only nice thing.;
about. -that parking structure is when you are coming out, you get the most
gorgeous view of this City at night Vou'ever saw, but then you drive off the
end of the ramp and you are in hellacious water. It's crazy, it is crazyl
Mayor Suarez: Are you recommending, Mr. City Manager that we defer action on
thia-item?
Mr. Rodriguezr It is up to you.- We can present the information to all of you _
at this point. My impression is that you might not feel comfortable with all
this information thatI have here which is new to you and you might want some.
time in the future to spend some time on this, because I think that the
recommendations that we are making now, use of the new technology is
completely different conclusion than the one you have now on the item.
Mayor Suarez: We really don't have to even move to defer because it is just
for discussion at this point, right?
Mr. Olmedillo:` It is.
Mr. Rodriguez: •It is. _
Mayor 'Suarez: OKI�unless anyone wants to proceed to propose anything' in
regards t6 this ' item, we'll take -it up when...
Mr. Rodriguez: Some time in -the -future.
Mayor Suarez: Some; time in, the 'future.
Mr.:Plummer: No, no,, at the next meeting::
Mr. Rodriguez The'` next, do you want, it to come in the next...
Mr Plummer: The next zoning meeting.
Mr. Olmedillo: Planning and Zoning meeting:
Mr. Rodriguez: That:will be April'27th.
Mr. Plummer,: That's fine.
EW
s,
Mayor Suarers .I thought I'.d slip that in. there, it didn't work, did;it�r.QK,
do we need s motion then, in view of the fact that we scheduled it ;far a rr y
specific date? � ' ���r
Mr Plummerr I'IV so move. €b
Mrs. Kennedy;. Secondzq
.
MayQr.Suarez t':: Gall the roll.
c r� 6hk-; 7 •.
} y Y F r wr
MOTION TO CONTINUE .
lTi'ON MQTIQN IltdLY., MOVED,, 8Y ¢OMMSSIONBR PTWjMEA
COl'�MI8�91ON�t ITBMiNNSDX, .THIS iQtSNB�'ITN�i
9NINGI$ING OF}ABRIL7, 'l9$9=$Y TH8 POLO�1�N4
#'arf+FlA;$ZONi 5 f, i 3 fi r i�r ,.,p•
`r 7
AYSSs _ .Commissioner J. L. Plummer, Jr.
Commissioner Rosario Rennedy
Commissioner -Miller J. Dawkins
— Vice Mayor Victor be Yurre
MayorXavierL. Suarez
MOSS: Nona,
J
ABSSNTs None.
+42, Defer discussion for further information Planning Department's study
land use and zoning of area bounded by NW 22nd and 27th Avenues between
NW 36th Street.and the; City limits (SR 112)..
Mayor Suarez: PZ-5, companion item.
Mr. .01medillos PZ-5 is a. similar study that you had requested for the area
north. of 36th Street, NW 36th Street between 22nd and 27th Avenues and what
you have in the literature in your package is basically...
Mayor Suarez: What is the City boundary there, Guillermo, at...
Mr, Olmediilos It is 38th Street, just south of 112, highway 112.,:
Mayor.::Suarez:-VK9.,38th Street, but -at what avenue?
Mr. Olmedillos Thisisbetween 22nd and 27th Avenue.
Mr.:,Plummer.:.. That's all: of ours.
Mayor Suarez: All of, from both... on both corners we're on the City,
Mr. Olmedillo: Remember, this was triggered because therw vas , a few property
owns rs,•who were ;;applying, .for zoning changes and .,you, wondered; whether there
was. a need., to. study,,,and to change -,the:; entire area. -..What you :have pia ,front of
^r
you is three ,options. Oae.,of,,course, is to leave, it as is, which is what we
recommended to you in our comprehensive plan, 1989 and: which you adopted: 'The r
second,: option .would be if : we do , only .those :, properties: which ",are fronting on;, ,4
24th Avenue, which is part of the petition which was filed before ;you.
third '� .0ption. mould ,be of course; to -rezone 1 the;: entire ;property;,; changing ;the'..;; .
land usefor the: entire area between 22nd and 24th; north of 36th. We ;are .
s:
recommending to you that no change would : ,be _ made- � which,. ,: is the same
recommendation that we presented to you within the Comprehensive Plan of 1989,''
The reason..•
i Mayor Suarez: Can you remind us of what specific property we were thinking?
Mr. Plummer: There was a number of them.
Mrs. Kennedy;, Yes, tell us how many properties...
Ma or Sua.rea: Which one was .the one, that prompted the study,-
y.you oould:,•,�. 4;
Mr. PlummersDown right at the expressway, the warehpuse.
llrt. KeAagdy:, 33how us properties that; are gQiag to be ;affected. F7
hr z Qlmedallo: Items s!6 hand .. 7, which. are in the agenda today
rit�►dra►u bore .the particular cases, that were to be reviewed at}si he r` h`
pro a x.ea.r.i ht_ ro ��s Ex rya
�r R _ µid:.#}e r�t ✓', j" a .+. _
!#+lyoyS.µ#sr+��:t►y. t�o�►!o.ttak�4 up,-thi,�: e+#oi+� thiag..�!hau
does that make sense?
£ do : /A3� ` ' d F{' 'tiG ' r✓ r `. e } � � > x c } �y 7 M1 d, '£f.+�# �Lt°ij m`'
K r b ins 7 wade w#thdrav►t� baGeuao£:��► x A;'`'
8 se iX�. �, R .
is� p�rlEaAn�tl4� by st,11�t +ti�tioA oA
P upon►ovtsfgi< tQ review`.°it today! _tha deeisipn. ! , ' rT 4�{ra
y A,
El
Mayor Suaras: What, withdrawn to be brought back?
Mr. Rodrigulat: Map withdrawn.
Mayor Suarsw And 6 and 7 prompted the study that...
Mr. Olmndillo: That its correctj sir and that's for property which is located
on-24th Avenue around this area.
Mayor Suarazs When you, may they.were preempted by the, Comprehensive !taster
Plan, what does, that mean?
Mr. Olmedillo: In the sense that...
Mayor Scares: I mean, what happens to the applicants of PZ-7, 6 and 77 .
Mr. Maxwell: What happened was this; several applications for amendments to
the oldfComp:Plan have .reached this board at a date just too late; for you to
act.upon it,, The :new. Comp Plan takes effect this weekend. With that, it
supersedes the old Comp Plan which dies. What you have before you are about
three applications for amendments to the old Comp Plan. There is no.,way.-that
they.. can.:. � -
Mayor Suarez: What do they have to do now? They have to reapply?
Mr. Maxwell: Yes, starting ,their way back through the process... :We can
suggeat;to you that as.a:matter of,equity you can waive -the fees for them.
Mr. Plummer:.,_ Oh sure, it wasn't their .fault. -
Mr. Maxwell: They paid for them.
Mayor Suarez: OK, but now as to, then the interplay between those and PZ-5,.
what <• shall awe -do on., PZ-5?
Mr. OlmedilI*:-.You, may.... -,go ahead,i,tell them. - f<
Mr. Rodriguez: that I•m going to say with this you have the option of either
hearing;. the.; ,presentation, ,:.agre.e..with us that no action is .necessary, because
if you agree with our recommendation...
4.
Mayor'Suarez: But that would affect the applications of PZ-6 and 7. s
_ Mr. Rodriguez: We are recommending no change in the Comprehensive Plan. f
Mr. Plummer: OK, go,ahead, because I don't agree with you so far.
Mr. Rodriguez: OK, that's number one, or then you can come up and agree`with
one of the_.other:alternatives that we have,.
Mr..:Plummer: Which are...?. ;
Mr.. ,Rodriguez; Which are to use. a, certain , part.. ofthe property, , a _higher
classification for land usage which will be CG I believe, for .commercial
iadustrial, :'Vhatevor. ::if: that _is , the.::case., you ;can iiustruct ua to Z
ooms back ond..apply for an amendment in the future of the Comp: 'Plan'for ahe
next round. {3
Mr Pluq�ne{s , .Why. waul4n't .it be feseible,,, becaV 0 -x 4PU =thiAk,.aAYt'0. -a
P#cpu .of that ar¢+a! 4K7 -it's , just rea11Y, ; it'e xun .4owa. ;.J y �►oul�t0►,) it
eeRbl! loQkiog fit: tltie to#p,., that we, would ohange. ti#�e aQang>grft LbirtF/►' x
tn.rwht exists on both sides •of it.
T! QT44.10 : ;-. �.� s .. T.+ Y- }
APf
Ar
Mrs flt exi Tb* ltkoa it4 compatible, I mama+ ' it me eg^ t contiai�oua., y ' iYkftii4 a
Mrs R9dFiSve#�� t c 4Pt ,yQµ have already, a� se�►identi4 &roe';* -a tlt+are����
Paicticuias area trhich it or. xiot, ' l h� BAD thro�►� .xh�. t bald"4Y�
�v't 'Ytasra �l y .ad,,thVro are' portions which +r+e ysri► yell oAt, :r od t
tbera a4 *wf� .
f NA
x � s
ltr. Plunemar: What, ten percent of the area?
Mr. Rodrigues: No, more than that.
Mr. Olmedillo: 'There are two new buildings, 12 unit residential building!;
which are being constructed now in the same area, so going back to the
-
alternatives. Alternative one is no change, leave it as it is. Alternative
two will be to amend and change the land use only for those properties Which
are fronted on 24th Avenue and the third alternative will be to change the
entire thing which is shaded. Now, if you choose that last alterhatiVat
alternative three, then a plan amendment will have to be filed, taken to DCA.
This is more than three acres, it will be one out of the two times a year that
you shay amend the plan, so...
Mr. Plutmhert But we don't have to amend the plan immediately. We can amend
—
the plan all up to 30 acres, correct%,
Mr. Olmedillo: Yes, but we have three acres, which is one threshold. If one s-
property or one application is for more than three acres, it has to go through
the twice a year review process and if it cumulatively less than three acres,
but more than 30 acres when you take everything together, then it also has to
go as a plan amendment to the State. As I stated before the applicants of'PZ-
6 and 7 own property along 24th Avenue.
Mr. Plummer: Hey, I don't know what the rest of the Commission wants to do,
as far as I am ,concerned, option three is the only feasible thing to do. To
me, that's the feasible thing to do. You make it compatible with both sides
Mr. Olmedillo: That is to change the entire area to a liberal -commercial,
general -commercial district.
Mr. Plummer: A compatibility of the whole area, is what I'm talking about.
Mr. Olmedillo: Yea, in the new land uses that we have in the Comprehensive it
Plan would be the general -commercial use, which is a liberal -commercial use
_
for the entire area. The only problem is that you would .be creating
—
nonconformative, because that precludes housing.
!Mayor Suarez: Precludes housing?
_
Mr. Olmedillo: That is correct. The... �+^
>
s,.
e
Mr. Plummer: Nonconforming, but it.can remain there...
Mr. Olmedillo: Oh, it may remain there:
Mr. Plummer: ... until such time.
i
Mr. Olmedillot It may remain there as a nonconforming use.
a
!Mayor 'Suarez: That's because we don't have- true cumulative zoning; `that's
why. That makes no sense at all that any kind of commercial would preclude
housing if somebody wants to have housing there, that doesn't make any sense.
Mr. Olmedillo: The reason, is that this approaches an industrial typa`of �t
—_
commercial use.
Mayor Suarez! Well, if somebody wants there, he has property and want;;:: to
Live there,' why should he not be allowed to live there. That is not the ;way
zonts;5 ,is supposed to work, but then one of these days you, told us
aging,,. to do .a simplification on the zoning code and bring us something ;Wore {r .
coherent.
!!r. Plummer; Houston has no zoning at all. `_ {
Mayor Suarez: There are cities that have 'no zoning at all. �` '
Mir. Rodrigues: No good.
*F.
Mayor Suarez; No good., = 4
7
' R
1 R k
.. .. ,_ ;.
Mr, Pluiamer: Well, I made my point clear. I think option three is the only
way to 4o.
Mayor Suaftt: That is the one you just described?
Mr. Olmodillo: Yes, option three is to do the entire area and have it as a
liberal -commercial use for the entire area between 22nd and 24th.
Mr. Rodriguez: The point you know, that we brought was the fact that there was some: new construction coming to the area and the fact that this is an area
of affordable housing that people live there. It is not where I would choose,
to live, but some people live there and they seem to be happy there, so...
Mr. Plummer: And they can remain living there.
Mr. Rodriguez: Well, if you open up that to commercial, liberal -commercial,
you are going.to have other uses over there, like fixing cars and things like
that and trucks and so on, that eventually are going to have a negative effect
on the area, so you are making a decision for the future, whatever you., think
that area.should be in the future.
Mr. Plummer: You know what I would like to do, Mr. Mayor? I'd like to defer
this item to the next meeting and give the Commission the opportunity to go
drive that area.
Mrs. Kennedy: Yes.
Mayor Suarez: I think we are going to have to go by it.
Mr. Plummer: I think then you'll understand what I am saying.
Mayor -Suarez: So moved.
Mr. Plummer: L111 so move that it be deferred.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The g.following motion was introduced by Commissioner' Plummer,.who%.moved
its adoption: y.
MOTION NO..89-300
A MOTION TO DEFER TO THE NEXT MEETING ,DISCUSSION OF.
PLANNING DEPARTMENT.'.S,STUDY RELATED TO LAND USE AND:
ZONING OF AREA BOUNDED BY N.W. 22nd AND 27th AVENUES, y
BETWEEN N.W. 36th STREET AND.THE CITY LIMITS (SR 112),
IN ORDER: TO GIVE THE COMMISSION AN. OPPORTUNITY.: To -
DRIVE THROUGH SAID AREA.
62.
Upon being seconded by Commissioner Kennedy, the motion was passed and -`
adopted by:the following vote:
Y
AYES: Commissioner J. L. Plummer,.Jr. t,n
gg1 Commissioner Rosario.Kennedy,
Commissioner Miller J. Dawkins Ems,
Vice Mayor _Victor De Yurre
:.Mayor,, Xavier L. Suarez .
4 l
NOES: None.
ABSENT=: .:None.
t -
' it--
��'
43. Discuss and table proposed zoning atlas amendment at approximately 8500-
098 west hlagier Street from RG-3/5 to CR-2/1. (Applicants: Peter and
Antonia Oliver&, Norman Rodriguez, Julio Mederos and Royal Flagler
Condominium) (See label 48).
Mayor Suarez: PZ-11.
Mr. Olmedillo: PZ-11 is an application for a zoning atlas amendment and you
may remember that during the Comprehensive Plan hearings, you had already
moved the approval of the plan amendment, so therefore it becomes part of that
particular estimate. Nov, this will be to do the rezoning, to make it in
conformance with that Comprehensive Plan which as I said, you already adopted.
This is a change...
Mayor Suarez: Is there anyone that wishes to be heard against this item? Let
the record reflect that no one stepped forward. I presume you are in favor,
right? Are you the applicant?
Mr. A. David Pena: Mr. Mayor, I'm David Pena, I'm with the law firm of Fowler
and White.
Mayor Suarez: Ah he, Fowler and White.
Mr. Pena: I'm the attorney for the applicant.
Mayor Suarez: -Trying to compete with him back there?
Mr. Pena: I sat right next to him. Maybe it will rub off.
Mr. Plummer:; Excuse me, Mr. Mayor, he has not been sworn.in.and we don't:;know
whether or ,not he is.a registered lobbyist.,
Mr. Pena Commissioner.Plummer, I am a;,registered_lobbyist.
Mayor. Suarez:. .Well, we haven't taken . any testimony " and. '.I'm
we'll have to. Does anybody want to hear about the item other than ,to ;; t
approve,,.now that it's...
- Mr. Plummer: Mr. Mayor, I don't have anything on backup of who the owners.` 1
are. I have nothing on the backup, nothing at all. Wait a minute, I'm sorry,
I:!m in the wrong,, section, ,excuse me, I. stand corrected. No,. S was in the,
regular zoning. I notice that, Royal. Flagler Condominium, are -they:, one of the
parcels involved in the rezoning?
Mr. Pena: Yes, there are ,ten blocks and they are -the ovnere,of four of.-,tbe
ten blocks and we. have the Condominium Association,., as well as the Individual 1,
unit owners who.comprise the condominium, sign, the petition..
Mr. Plummer:- And what are.you.doing for the City in -return?
Mr. Pena: With the. upgrade in the zoning, ve plan to renovate tho,,;existing
block- and in articular -I. ,have one.of of . the : owners of the p property tbat'a ere
,�.
ter. Plummer:,, That's;,not,. the point I'm. making. Ve're doubling the., not
your properrty., What; are you, doing, in return for, tbe..- City } t
a Well,, obvious
;y-the tax base will,then be- ncreaaed,4,hut.,' yt r
ter, P¢:
}
Plummer:: You.don!t updarstand me vpry. well.
t!�
Mr. Pena: Sir, he Cit t y .was not, . ;well, ;at this point we had'.
Apt pl►ttmieg tQ.;.o. anything acl¢iionel- -to :benefit. tie City+ in any wsiyib i#';
the City would oak....
. Piw,Iwor;` That's obvioua! U
? Qi'
2.1
141 xf %
Jfj
{_
Mr, Be Turret deli, the problem is you sat next to Mr. Cardenas, but nothihJ `.
rubbed bffl Yes, sit next to him for a few minutes.
Mr, pluftert May, I'm not asking for me, I'm asking for the City of !Miami,
what are you going to do for the City, if anything? 'That's your choice.
Mrs. Kennedy: usually they offer voluntary covenants for specific projects or.
differentitems.
Mr. penat hell, with this particular project, there is commercial on both
sides of the block and once again, what...
Mr. Plummer: Have you ever been here before?
Mr. Pena: No.
Mr. Plummer: That's obvious.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: What?' Yet:, that's a good idea, sit down for a few minutes and
we'll come back to this item. You're not in a hurry, are you?
Mr. Pena: Yea, sir.
Mr. Plummer: OK. Mr. Mayor, can we go on to the next item?
(THE ITEM WAS THEREUPON TABLED.)
44. Discuss and temporarily table Agenda items PZ-12 (amendment of DRI to
amendfindings of fact, deleting condition 5- of the'Development Order, ;
etc. relating to Miami Center I Project [a/k/a/ Ball. Point Project]),,':
"rand'PZ-13 (amendment of DRI`by making findings authorizing execution of
partial release of covenant, etc. relating to Miami Center I Project.
[a/k/a/ Ball�Point'Project])=(See labels 46'and 60).,,
-------------
Mayon Suarez: PZ...
Mr. Plummer- l2.
Mr. McManus Mr. Mayor 'and members of the' Commission,- PZ-12 and 13' are.
related' items, both items 'having to do` with Miami CenterI; the`-: existing
developed portion of a tract which includes the Ball Office Building,- now
Florida' Nationale -Bank, Hotel Inter -Continental and the related parking garage. -
Item PZ-12 is a proposed amendment to the Development Order for Development of
.; Regional Impact i`which was issued approximately ten years ago. to enable the
project to go ahead. The applicant is proposing a substitution by deleting,;
the 'requirement of providing in- overhead pedestrian. .connectionfrom1"'the
Florida' National Bank 'Building over to the Bayfront Park_ Metromover .transit
station and substituting the advancement of the Burls Marx decor.of paving
® scheme"on the sidewalk area immediately adjacent to the property. -,As you can
see on the transparency, the cross hatched area is:, indicated.. as the:
appliednt's' proposal to `do the',Burle Marx 'decorative paving :l> I d like; to 4
Point that, ".separately � by ` Class C permit the applicant is obligated to
substantially the same amount of work, but in a,later time frame, iie`doesn't,
a
?lave=° to do•1 it `sin 'three" years under certain "conditions, to that being 'that �'
other property. owners are moving forward and accoaa lishin the, 8uic1
P g 4 Marx5
decorative -;of pavi»g f 'scheme and also that the •City has= in place. a public'.. 4,
zivater fu»ding- esffort Additionally, 'the PlazYnin De artmet►t .would > gftti�f
that the surls Maras paving pattern be extended to,include the pavi»g;areaa ofd
the Bayf ront.- Park transit station. We:..
r '.� .' .. •' (,:_ P '. f' _, F .'., _ Y' $ .t ' � lt7�e , 4 p y� t.�Y.'y?4�.. i hy� ¢A 'h �
Mr; Pl Mmera But =that they;are required to do now, Yright7
Mr.. ?tcHaatue: The requirement for Burl+m r Marx doss l aot� jig er t � 5.
three 4a apshe�C,
year.
i
1 �p p
Y
Mr. p1wo6r Yes: but still that im something they are required to do, down
the linei
Mr, McManus: Yea, siri =`
Mr. plummert That's an obligation they have.
Mr. R6dr1&u6zs Rxcept we would like to have it... A
Mr. plummor: In the name way they have an obligation to build this walkway,
— Mr. McManust Overhead pedestrian connection.
Mr. 'Plummer: Yesi so both of those are an obligation which they have at' the
present time in the,Development Order. I'm sorry, the overhead station is a i
Development Order, the other one is in the Class C permit.
Mayor. Suarez: What is the other one from the Class C?
Mr. Plummer- Well, one is the Burls Marx, which they are required to do, but
not required to do it for three years.
Mr. McManus: Under Class C permit.
Mr. Plummer: Under a Class C permit. The other one is under the Development
Order.
Mr. Rodriguez: The only thing that the language in the Class C is a little
bit open'because it says for three years or until we get the funding for the
Burls Marx implementation and maybe as following your direction today, you '
might want to tie'that tighter,` if you want to do so, to a closer terns.
Mrs.'Kennedyt In other words, not wait until 191, do it before that.
Mr.=Rodriguez: -Right, that's `a possibility. z,
Mayor`'Suarers Novi, how far south does'the-Burle Marx concept go?
Mr.:- Pluemnerr ,Exactly-` identical to ' heir property. No,' what they are ;ft
proposing is identical to their property, but across the 'street.
r
Mr.--Rodriguez- The proposal forttBurle'Marx eventually.will go'to-, then Aver, n
end on the river and will go..
— Mayor Suarez: The one that :we have been shown- :and that we'-havi� sort' of.
approved in principle'and all that; did it extend all the way to Miami,-:Center?r`
Mr. Olmedillo: Right.
'' tc
Mr. McManus: Yes sir.
Mayor,Suarez: I thought it was to basically cover the area north of`Bayside,
- where `the°:'boulevard needs to be..:
Mr. "McManus: •' It goes`all the way from this' area `clear up` past OMNI.'
Mr.�Rodri uez: The only thin is that b
B onlything ypass the area in front of Bayroat z41
4
e Park, specifically, you know. t
Mayor Suarez So'you•have discontinued Burle Marx.
_
Mr. Itodriguews From I that ~ portion over there, but the rest of area
_; deslgrted to-oontinue all the way`to'the Omni area. peen f
!layor Suar�at»': Asf tar as I'' am concerned, qou wan dIaObAt nuet 1t 'ats 8ieyk, �i ,
frankly, Now, eon -you wote..=able `,.to do ,XomethingKf xea� ' ► s 1t�n '�► `l t y r °' ' "
along' the °liver, Mhich would cb�st way too'3much '; �ialked' down`a lt► y e e n x t the r :ocean �b#�#f?d , `r rzfr;
le athwa we: have' th r s O"
Ceeter, :, whatQver "that lot ia' wal led back there and that}scot �+�cactl-tj
so no to attract, lotof; people that walkio#tg their ver, it�ys�ukrigw G'y
S iLMf�Sply{ Z
i e.M1 ui"t`
..,. _ µ.. 120 >:Ma't�ehS
Mr. Rodriguez: That is hot part of Burle Marx. '
Mru Dawkins: What is in front of Bayside? Is that the Burl* Marx system?
Mr. Rodriguez: At present? No.
�f
Mr. Dawkins: OK, well what does the Burle Marx system do? Does it don't hurt
your archbs, or makes you walk better, or what?
Mr. Rodriguez: No. The only thing that when you take the whole Burl* Marx k
design in total, it will give you an image of the whole area that will be
unified all the way through because of the colors of the bricks that will be
used in the material. In addition to that, from the point of view of public 7.
relations, you know, if you have seen the pictures of what happened in
Copacebana, for example, in Brazil, it's one of the selling points in ,
attracting people to go to the area, the image of the area, seeing what they,
have and experiencing going through that area, so imagewise, it will do a lot
for the area that it will go through, which is Omni, S$ Overtown/Park West,
and downtown, all the way through to the river.
Mrs. Kennedy: Plus it's people oriented as far as benches and trees` and
flowers.
Mr. Rodriguez: Definitely.
Mayor Suarez: South of what I see up there as the continuation of the Burls
Marx, where would it continue?
Mr. Rodriguez: All the way, it will and on the river. ,
Mayor Suarez: I would think so.
Mr. Rodriguez: With a plaza, yes.
Mayor' Suarez: You are not going to try to do it on the river, OK.
Mr: Rodriguez: No, I don't think it will work. {
a;
— Mayor Suarez: So this would be the southernmost portion of it?
Mr:' Rodriguez: On. -the river. This is not the river. Remember, besides this,
there will be another property further south which is a property which'Mr.
Worth= has:..
v
Mayor Suarezt Oh, there is a tiny bit of a strip there that goes a little 'bit .,:
lower, but that is just about the southernmost' and then it get discontinued`.
totally until the other side of Bayfront Park?
saw r
Mr:'Rodriguez: No, it is to continue on this side of Bayfront Park only.,
Mayor Suarez: Right, until north of'Bayside.
Mr. Rodriguez: Until we get to Bayside with the Torch of freedom and,'then 'on
the other side' of Biscayne Boulevard, ° it continues all the way through..:: The ;
only reason why`it is not continued at that point` was 'because `Isamo Noguchi
had some problems in- having a' different type of design effect 4ii .the. park' at
i
— that point • ,
Mir a.`Kennedyi We met many times -and for some reason. Mr. Noguchi never wasted ` '
— to have" it at Bayfront` Park.'t;
Mr: Rodriguez: At that point, so.
Mi or, 3uarez'i No ` I 'tell`
Y , you frankly that for myself, I `can get a4P Xod' ' "
Burl' e,° l9arx design, 'assuming, we "•get � state. funds "'oar wherevex �aortb of Bi: ` p r ; r �
because it is sa area` there we are trying, `to -iatProve Aiscayiae xoiixivsid 4 It
doesn't" lookX" particularly good right -now. South of; `Baysde, 'ihaze ,i ' R
heck of� a lot that `you seed `.Lodo to Biscayne" 8oulevard.`� I raouid"-1R�q����' �' ' ,� '�i
exetctly^^` thRwayt '3d, ''so . !or .me, I don't... this has almost :No
whataoeysr, this aspect of the iaaue; the rest of it, `the ovet'hesd a��sc,pe r,
is aS whk�le dif#erent kind of sn issue.
�.F •} r' St '• 1 4 ( '' 3i.'vY'M•'�Nit __
r
S jti• `tiJ i' g
t
Mr. Rodriguez: It's a package.
Mr. Pit", rs Well, but for the record, to understand, what we are to
understand that they have an obligation at the present time to do both._
—
Mr. ttodriguess They have an obligation to do both at the present time.
Mayor Suarez: Oh yes, that is not to may that, you know, the obligation is
just forgiven, just like to overhead connector may not be a very good idea,
but we hope that we get, you know, some compensation, or some concession,- or..:
—
some help, or support in other City projects, something or other.
Mr. Plummer: The Pepper Fountain.
Mayor Suarez: Can we require something?
_
Mr. Plummer: No, absolutely, we wouldn't dare.
Mr. McManus: Well, Commissioner, this is a little bit different than.the_-
zoning. You have, you the Commission just issued a L Development Order for
Development of'Regional Impact with a whole series of conditions. On it novt,
Mr. Plummer: Oh, the price just went up. All right. Just for the record, t
it's my understanding, so that we are not kidding each other, that
disregarding the Burle, what is it?
Mrs... Kennedy: Marx.
Mr. Plummer: :Burls Marx Plan, the cost factor for. construction of what they;
agreed to in the Development Order is roughly 4800,000, correct?
=
Mr. McManus: That is my understanding for estimates, to the :Department of; '
Public Works.
Mr._ Plummars OK, just so we know, where we are. They are.: asking -to, be.F.-
relieved of -that.. obligatLonL of approximately,:$800,000.-Just wanted to -,put_>>: r;
that on'the°record.
Mr. McManus: Mr. Mayor, would you care to hear from_the applicant?
L
Mayor Suarez: Please, counselor.-
Mr:•Plummer:- Anyone testifying will have to be sworn in.
—
(AT THIS POINT THE•CITY CLERK ADMINISTERED REQUIRED OATH:UNDER.ORDINANCE'rNO.^`
—
1051120THOSE PERSONS GIVING TESTIMONY ON THIS.ISSUE.) .
=
Mr.,Jeff Bercow:: Good evening Mr. Mayor, Commission members, my name is Jeff:
x
Bercow,, 1, am an attorneyi with the :law. firm .of Steele Hector and -,Davis, °,200.,.
South Biscayne Boulevard.in Miami. I am.also.here today with Mr..Walter;Kolfe:
and :Mr. Jeff Shubert from Lincoln Property Company; Rob; 'Dawson.. from -,.Carson
Realty Advisors:representing the owners of the -Inter -Continental Hotel;°Peter, s
Fernandez from Barton-Aschman, our Ltransportation consultants; an&,_Mr. -;Eli
Fineberg. Just.:for: the record to clarify, a couple of: things: that were
stated.' Yes, we are presently obligated to -implement the Burlw Marx -: plan 3at
Miami Center, not however, to the extent indicated on the graphic'. that, the r,
Planning Department has shown you. And secondly, we, do take -`issue' With .:.the.. J}
ON i 000 ffigure and I -'ll' get to; that later in my presentation ,e•but it,,thi;ik4ins. � r�
order.,- for. the°,;Commission to understand what we':re ::requesting tonight, 'An d what
ve- are .;vii'iing to :offer, and Mr. Plummer, we are willing; to do. som6thing•.,-tot
—
the and I'll get to that in a minute, we'
.d like to lay the predioate
giveClty,
some : of the ;, background as : to; how: we , got hero today. ; WhsA the:w:ori$ivaf�
project; developer, w#ose. name I ron.,t mention. ilost .thai..projovi, im _i�etAbsr do t
19, :that•sp $�roject. was a complete mess and in. total-disarr�►y. ;;there ya <ao;�
—
permanent . Certificate ' of .pccupagcy,. for: the: project, smoke,: ovaauatioh Aydeao {.
far t#e°: podiwn-'area :Mae .not working:. ; I've heard that .t#er* were 33.;<sapa�rat ;
;SFr
—
building node violations, office tenancy was at;31 p�rcemt, boi;e� ooupaAo9 ;
avarag¢d about l l pgscent, : he proj act was . a mess. ' The, consort"!um o Qeyp, �tF
who tools over at that time,.:
;, �
��yor:�ltaraps al..frama�mber.
goiAS pyor :there. and eskln&=;Mhat. 1 AMA -
at that ;time=: wad= th�Y said >.a f iye, f
Maid, a9 $ivf! rooms ooGupied l
7 n
f$yjp�c
Mr. bercow: t think that the occupancy at Mr. Plumner's place of business vas
a lot better and a lot livelier. The consortium that took over the project at
that point in time acquired the project for over $250,000,000, of which
$68,000,000 was cash that they had to bid in over and above their loan amount.
Over the next three years the project owners put in over $300000,000 in
capital improvements in the project, $17,000,000 in operating subsidies
because the project was running and is still running in the red. They put the
project back on the tax rolls. Over the last three years they.paid to the
City of Miami alone, in ad valorem personal and real property taxes
approximately $6,700,000. Office tenancy now is at 62 percent, hotel
occupancy is about 72 percent. They've created jobs, 75 jobs at. the office
building, about 600 jobs at the hotel and the project is now on its way to
becoming a viable one although there's a long way to go on both ends -of the
_ project before it becomes a break even proposition. We're coming to you today
to ask for the release of development order condition number five which we
believe is unenforceable, invalid, iwdeeirable and infeasible. The terms of
that condition require that we provide an upper level pedestrian connection
from the project to a Peoplemover station which was to be located on Biscayne
Boulevard between S.S. 2nd Street and S.S. 3rd Street. The terms of the
development order are explicit. It was a station that was to be located at
that location, the inference being that if the station was moved, which it has
been, that we were not to provide the upper level pedestrian connection and
we're not like a typical developer who comes to the City Commission and asks
to be let off the hook for a valid and enforceable obligation. We're coming
to you today. to ask you to recognize that as a formality and as a technical
housekeeping matter, that the condition precedent has not occurred, that
through no fault of our own the County moved the station from its originally
intended location. It was moved from between S.E. 2nd and S.E. 3rd Streets
about .400 feet to the north and about 60 feet to the west. It's now
impossible, or completely impractical, to make the connection that. was
_ originally required. You also have to understand the historical context'-1n
which this development order obligation was imposed. This was not an idea of
the, City..of: Miami nor was it an idea of the Regional Planning Council to
impose this development order obligation. If you go back and you read the
original, application, I can cite the language for you, :if you :read the
Regional Planning Council's staff report, it .is clear. that. the developer
wanted, this connection. The developer offered it and the developer saw. the
connection as a significant project amenity. And, in fact, all you have.to do
is look. at the design of Miami Center and the design of Southeast•'F.inancial
Center across the street to realize that both projects were built and designed
with a.significant orientation to the second. floor. In; Southeast Financial'
Center, you've go to take the escalators and go up to the second floor either '
to go to the offices or to go to the garage. In Miami Center, you have a -very
similar building and design context which is that our second floor was built:
and ,designed to. be an area for retail ancillary uses and as a consequence, no
windows were put in on the second floor. There were some knockout panels put
In, in order, to permit a connection directly from our project across the
s; street to the Peoplemover station and the areas on the second floor were to be
used as retail areas for service and ancillary uses.;which would accommodate:
the pedestrian flow from the Peoplemover project, for Peoplemover station, a
candy store, a card store, barber shop, travel agency, those type of:.uses
And, in fact, at least since the, last three years Idon It.know what it'Vag
like when Mr. Gould had the project - but over the last three .years we have
essentially not been. able to lease the second floor areas. We have leased
some space.., a
!Mayor, Suarez='. Let me ask a question of staff ,here. Joe, was °it' an impliciti
assumption of: their -requirement of the overhead 'connector that;there„:be ;a
Peoplemover station?
Mr, Joe McManus; Yes, but despite, what Mr.- Bercgw is 'saying, the language.
here :a 1Qws some latitude_for, the location of the. station. The exwct..laugtago `
ip, if a,.,do"town Peoplemover. station is located .-at or.. in ,the v cinl y Qf '
Biscayne Boulevard, and :2nd and 3rd Streets. So there -,;is: aome 1atitudo rk
for allowing the station to move. :around.
MoyovAuarezv V m sorry, go ahead
Mr. $e cgws = Witn all -due respect, : I ,think what.,:that, means:,. i0 34at� bit Y ��
19cletad !!n3►Wix4re_ b4tw e�}... those tVP.; Dtzeets but it : cvuldaJ t b1f`; �aQaed a i►lock �. ; K T
C 5 away, it couldn't be moved three blocks away which some peop}e a►ay i$ f {
t
i7-
s
. U'
,ft
the general vicinity or the general area. Over the past three years, our
second floor area which was designed to accommodate the pedestrian flow from
the Peopiemover station has been unleasable. We've had a dollar year leash to
the Miami Meat...
Mr. Bercov: About 22,000 square feet. We've had a dollar a year lease to the
Miami project to cure paralysis. We've had a submarket lease to our general
contractor Mho'& there to do some work in the building. So we have suffered
an economic loss because the county moved this station. We've suffered a loss
In rent, and we've suffered a loss in value. There was as much benefit to the
City as there was to our project in having this upper level pedestrian
connection. Nov, if you're talking about a connection, you're talking about
one that's not a straight shot across the street, but one that would have to
_ diagonally cross Biscayne Boulevard. It cannot connect now with the DPM
station the way it was originally intended and we have a construction person
from Lincoln here to testify to that effect. Dade County doesn't want it.It
would have a negative visual impapt on Bayfront Park, on the Challenger
Memorial, on the Roberto Burls Marx plan and on the traffic lights in the'area
and perhaps cause a traffic problem. Your Planning Department has said`they
don't...
Mayor.Suarez: DPMB and your acronym for Downtown Peoplemover.
Mr. Bercow:` Yes, I'm sorry, the Downtown Peoplemover station.
Mayor Suarez: Some people are calling it a Metromover, it gets confused in
the record.
Mr. Bercow: It was originally called DPM in the application. The Planning
Department has indicated while they would like to see some other conditions
fulfilled, that they agree that the obligation should be rales sod "and the
Department of Community Affairs and the Regional Planning Council likewise
have indicated they have no problems with our application. A number of the -
Commissioners...
Mayor Suarez: This is a good day to mention the Department of`;Communitlr
Affairs. It isn't always a good day but since they approved our Comprehensive
Neighborhood Master Plan...
Mr. Bercow: I understand. Congratulations, by the way, on your plan being... .>
Mayor Suarez: Something some other jurisdictions cannot cIaim`:today`.
r
{
Mr.-Bercow: 'That's true. .:-
r
Mayor Suarez: But we won't mention anything about the county.
Mr. Bercow: To get to Commissioner Plummer's point...
;t
Mayor Suarez: That's only number two in the entire day.
Mr. Bercow: ... and a number of Commissioners and staff have raised what
we're willing to offer in return for getting this Peoplemover connection
released. 1, again, want to frame this in the right context. We've been
exceptionally good corporate citizens over the past three years. In addition
to`the'tax dollars that we've pumped into the City's economy, -we have:hosted
or underwritten public interest or charity events to the tune of over x
t 5tQ
$3000000. I've sent each of: you letters outlining thosi'` xpenditures. YOthor ,a
things that are not as well known is that one of our project owners- arrii
anged '
for the electricians union locally to provide free labor to get the Challenger
;r
Memorial up and 'ready in time for its dedication:' We've provided_ banners:
-
promoting City 'events. We have paid over $120,000 to date for the cleanup, m
maintenance, and rssodding of the south end of Bagfront Park and' we.,have 4
funded the- `City ,,s- parking consultants to come up and with their. feasibility `s f
¢ �t
analysis of an underground parking garage at this location, In par
_.
application,; we have made an `offer'' `as , Mr -•Rodriguez indicated , earlisx,'
expedite and expand the ` Roberto Burle Marx. plan at our project
expanded area is roughly the area that fronts on' Chopin Plaza. The RQbext
Burie "Marx °plea, on.. originally, contempiated, `would not require' Chppip
ront� a �le've 'head',thatz , tr }
r
R r t=om the' Planning hapartment . they W woui id �ik3r��
portion of "the Ba front' station eve a
Y p d ad with the Aurle Manx pla#},
"j. Jill
S SL Srx�
S
Mayor Suarezt The $ayfront...
Mr. Barcow: The Bayfront Peoplemover station paved with the Burls Marx plan
and they have told us they would like to see the southeast one -quarter of the
atatl6h pared with the Burls Marx plan and they have asked us to do it.
Mayor Suarazt They told you that? Who told you that?
Mr. McManus: The Planning Department.
Mr. SereOV: They told... well, it's part of the Planning Department's
recommendation.
Mr. Plummer: The ex -employees of the City.
Mayor Suarez: Well, let me may two things as clear policy matters, one of
- them, and the other one, I hope, pretty clear policy matter or about to be
can'tdecided, it Y
the c nn ctoro going li diagonally to tthe Peoplemoverg station,ine
I don't ho supports
anybody ,on the Commission here would like to see that. Whether it cost
$800;000 or not, i mean, it just doesn't seem like a very good idea. The
other one is, I don't, for myself, care at all if you build or pave in '
accordance with the Burle Marx project that that height. You know, I'd much
rather see you make - take both development order requirements and build into
a nice concession to be made in that good green stuff we like to see here at
City Hall cash for other purposes of the City...
Mr..Bercow: That's...
Mayor Suarez: ... whether they be related to parks, Bayfront Park, or maybe.
Commissioner Kennedy might propose a, you know, dollar for dollar split
between Bayfront Park and inner City parks...
t
Mrs., Kennedy: Between Bayfront Park and.the inner City parks.
"Mayor Suarez: or nei hborhood v± ,, y g \parks,, I guess, because downtown's really,. �,F
kind of -the inner'City in a way.
Mr: Berc' We're amenable'to that and I wanted to get to that point because. t
it was... s
Mayor Suarez: But I maybe ought to hear_ from the other Commissioners-
mean, ;'iId: much rather get' a whole big "package of -financial support for'oth''
projects than some piece of Burle Marx down there that the Planning Department ,'..
may have'during their sleeping hours devised.'
9 5�ti
Mr. Plummer: Which they've got to "do eventually any how.
Mrs. Kennedy: Let me ask you, Jeff, how much is that extra piece worth?!
sse
Mr. Bercowi The extra piece of Burle Marx? We've ball parked it -'it somewhere
Around $39:000.
Mrs. Kennedy: OK, why don't we add those $39,000 to the coffer. f ris
Mayor Suarez: To the mythical figure that you... #
Mr.'De:.Yurres Hold it, hold it, hold it, hold it. I never heard the figurefi
of $39,000 when you came to see me the other day._`
.. r iitL
Mr. Bercow: Well, we're not offering thirty-nine and I haven't gotten Ito my�
offer,.ye, Just,'the`extra:,:
Mr: De rre: No o
fit �
Mayor'Suarez: ='Na, rno, =just the Burle Marx expense is what he's -'-paying tt�,.r� {3�F -
nine. An
Mr, De Iirreii.No, but my understanding +408 .. that', the t►ddit�s�As1
`gomewhere between 50.' aud..7$ and 100 thousand doxlars.
conveysc! to me when ':we had '0 . wae?,iz�g
f3gn�cet gltrsight'ao whek►ave,to Xate, T knowvhiah May l
nl
e T +
t 1 j
L]
Mr. Plummer: Why don't we be good listeners?
Mr. $6re6wt Us could not get a confirmation from the Planning Department an
this ab #6 ball parked it yesterday at thirty-nine thousand, but it's rough..:
Mr. be `turret bell, maybe we should...
Mayor Suarett :What vas our estimate, Joe?
Mr. Bartow: ...and we're not offering that, so...
Mr. be`Yuirs: Why don't we defer this item then till we get an exact figure?
Mayor Suavest Well, wait, what was our estimate?
Mr. McManus: Can I answer the question? We have an estimate here of doing
the area in the crosshatch approximately two hundred twenty-one thousand,
plus -it is plus?
Mr. Dawkinst' That's a long way from thirty-nine.
Mayor Suarez: And that was the area initially agreed upon?
Mr. McManus: Pardon me, it's approximately $400,000 for the areas shown in
the crosshatch, plus if you were to redo the entire Metromover station, that
would be,three hundred and twenty-one thousand additional.
Mr. Bercow:. Did you say 400 thousand?
Mr. McManus: Yes.
Mr. Plummer: Could we talk...
Mr. Beicoa: , We were given the figure ,twenty hundred and twenty thousand.
- Mayor Suarez: Weiretalking about the Burls,, Marx....
Mrs. Kennedy: The extra part of the Burls Marx. 44f
Mr. McManus: Yes.'
tF
Mayor Suarez': Not the extra, no, the entire `thing.
M .McManus No, the extra portion is;two twenty. ;
mt. Plummer: Can we talk about the Burls Marx later and talk about the -issue
before use, the_ $800, 000 overpass? Let ! s talk about first things f irst, then
we can'talk about...
Mayor Suarers - Well, but do you have any problem with the statement Ghat the
overpass, itself doesn't make a heck of a lot of sense to �requ1 - :and that; qe
iould ,like to see something given in.exchange for that?
Mrs.`Kennedy:Yes, we all agree that.
Mr uapner: I'm not willing to say anything right now. I want to be a good
F.i
listener.?r
Mayor Suarez; Do you want to hear...
Mr Plummer: I want to be a good listener.
Suave i,.bib.
!{syo g .what +tha +terpativet} might be +
Mr.' Bercep: to
.I,et s talk to the overpass first..
f$$GA
15
77
_r � 5 "�', s� 5. � r ,. + •: ,Y - f 'k F_ 5 '' ,r.G' i4Yir a. � i �, i.3h�i �- "k`ams.->:•i.� FT .
-
V V"7tr6
Mayor Suarez: ... what I was hoping was that we talked about both together
because the Burls Marx, and if we're - in fact, if we're away from each other
by a factor of ten, we've got a problem now. ;
Mr. Bercow: Mr, Mayor
Mayor-Suareat Are we talking about the same thing when you're sayin9-$39p000
for the Burl* Marxt
Mr. Bercowt No, we're not offering.$39,000. Now, you haven't let.me make my
offer yet.
Mayor Suarez: The cost of the Burls Marx pavers or whatever you call them,
Mr. Plummer: Be a good listener.
Mr. Bercow: It was my understanding from our discussions with the Planning
Department, that the entire crosshatched area was two hundred and twenty
thousand.
Mayor Suarez: OK, so we're a little closer to talking the same language here.
Mr. Bercow: But, let me get to...
Mr. Plummer: Finish your presentation.
Mr. Bercow: Let me finish my presentation because it's been clear to me in
discussing. this, with , each _. of the .:.CommLssion members :, that no;_, one, was
particularly enthralled with our offer to expedite and expand the Burls Marx.
plan as our trade-off.
Mayor Suarez: Yes, Jeff, the only thing I want to clarify because I think
something., at least is not registering here correctly. What. -As the;$39.00p? ;
You•just said two hundred and twenty some thousand. What is the 39`thousand
you alluded to? Or are you forgetting that figure now and we can dispense:
with: -it?,
Mr. _ Bercow: , The $39, OOO,. ,is roughly:.equivalent;.. , t:
Joel Maxwell, Esq.: Mr. Chairman, Mr. Mayor, he would have to be', on the'',L-,,_
record.
Mayor;:Suarez: Yes we need you on the mike. Thirty-nine thousand doll
are. ;.
: equivalent to what it would cost to what? I'm only interested in...
�- Mr.,Sergio, ,Rodriguez:.., Jeff....
-�- is ". . , '; ( :` .. ,. ,. - -. .• f
Mayor Suareza ... we would perhaps be in a position to waive any requirements
of any Burls Marx Resign anywhere, around Miami Center. We would perhaps.be iu
a --position; to, waive: any Burle.Marx design or contribution thereof anywhere
around Miami Center. How much would that have cost you and can we get-4
P
figure,;reasonably because... -
Y{
Mr. McManus: We had estimated the area in crosshatch as two hundred and :' �F
twenty.aitousand.: n
3 Jam;
Mayor, Suarez .. So were in�ia reement: there:,
Y g
v
' Mr -Bercow= �, , Right. _ ,`• �` *�"��"
Mir. MCManµst "had estimatpd that -the paving.;the entire st t: On sr a �r n r bI,* I* h��`�`��
gd �
"
F tfir ri' X➢ t, nS
Ma'. ��t;IkilRes 54.Yo0re talking about half 'a` million dollars. i a _`4='
l�'!rflcM+tAuet YRJ A<! rz4 •44
7 ll b�! �Oy. IfvAey:4QloMt
pQrtlon of 'the R iris arac Qp the Bsyfrogt Station l+l ga rr e 3 Mp ole"y o h `
Mr, 4laedilla seed tez
th+t n�eeas onie�tyar'!
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Mayor guarest All right, that was the 39 you were alluding to?
Mr. Bercowt No, the 39 is the crosshatched area on the diagrams that I've ;
just given you, And that's just a rough ballpark figure. Commissioner e
lturr+a, we did say about SO to IS in your office and we looked at it again and
it looks like it's probably closer to 39, but I Mould like to submit that
that's really irrelevant to what we want to offer you today and I'm trying to
get to that.
Mayor Suarest I thought it was because I don't see relevancy it is.
Mr. Bercow: Well, we have not offered that.
Mayor Suarez: I mean, the total cost of what you had committed to building
was roughly $221,000:
Mr. Bercowt Well, no.
Mayor Suarez: No?
Mr. Bercow: We are obligated to build everything but the cross hatched
Mayor Suarez: Oh, I see.
Mr. Bercow: ... pursuant to our Class C permits and that would take place
_
sometime In.1991i no earlier.
Mayor Suarez: And that ,° do we. agree that that would be two hundred and
twenty-one minus thirty-nine?
Mr. Bercow: Correct.
Mayor. 'Suarez:. So we're talking a $180,000 roughly. OK. That would be the
cost..
Mr. Rodriguez: Give or take.
—."
Mayor Suarez: ... of building to what. you had committed to building., I. just
vanted,to-got that on the record. My God, it took forever. x
Mr. Bercow: Right, right.".
Mr. Rodriguez: Give or take.
Mayor -Suarez: And we -even agree. I mean, we don't agree on the,cost .of the:
®,
'overhead connector, which -some people 'have told us $800,000 and you 'don'.t.
think that figure's correct.
Mr. Plummer: Thirty-eight thousand was the coat of. demolition 10 a $1 0,000:
is to clean it? Something's wrong.
Mr.'Bercow: It's clear, to us that the, Commission Mould. rather:,.. have. cash
'directed to other more pressing :priorities that the City .:has., ;y
Mr. Dawkins: No hold it, hold it, it's not clear that the Commisaion-rrauld �
rather have. 'What <s. clear is.=that the developer and the Commissioners have 4`
decided that the City might be better served if it were to receive."funds`vith ors
`
which'to �do other,things :that ;the are short :oi, doing in.Ahej Cit rath r• than f 'L
6 Y B. Y
,...
to "put�a"sidewalk,dowa for somebody to walk an.
Mr. ,'ge=coal That is correct;. h stead corrected And -we #rt`nk1}r would z abet
.
see our rather' expensive travertine ;marble service ;which we've ju$t finisha¢-r rrt r .
t
'putting ` in ally there, -.,at least ,for a -while .,becaause ;tp teak it «4� Q �a►Q id het `fry fi
inefficient
,.. t s r2 tr3kk.
llayoznuareh:. It, could .stay here .ferevex as, far asl'm �gn�er�iedR��z �}�,'FY ���r3O,�c.ax7�
hip, RO,`T.f�`'
s y3
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Nr. gercolf� . f .� Moul�dt dLisrupt our leas*n$', � 3 M�i f NS'T f r r yl LC
1 p s ts+
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_ i28 -• . tE.atoti�
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Mayor Suarerss It's very hiees I don't know why you took all that time to *hat
exactly ,you were building around the office building there, but with all the
flags and everything. What were you building underneath there?
t='
Mr. Bercows We were putting in the - we were taking out the greenery and we
were putting in the travertine and steps.
Mayor Suareas That was what you...
Mr. Bercovs Making the Biscayne Boulevard entrance.
Mayor Suartzi Keep an eye on your contractors. That seemed to take a lot;
more work than what was really accomplished there. Hope they don't sue me for
libel, I could just...
Mr.:Bercows We would like to withdraw our previous proposal to expedite., and v°
expand the Roberto Burle Marx plan. And in place of that, we would.like;.to i
offer a figure of $75,000 to the City. Let me explain to you, Commissioner
Plummer, how we get to that before you...
9
Mr, Plummers I'm sorry for laughing. The reason I'm laughing In you're
withdrawing a proposal in which it's $220,000 and in return... E
Mn Bercow: No, no, no, we're obligated to do that any how under our Class C
permits.
Mrs — Kennedy: No no he's... ' q: , , yes, he's talking about two different -things.
Mr. Plummer: What are you offering us this $75,000 for?
.t
Mr. Bercow: The seventy-five thousand...
Mr. Plummer: In lieu of.?
Mr. Bercows In lieu of the extra crosshatched area that you see and in lieu -
of doing it now.x
Mr. Plummer: - Ah.
.r r�
Mr. Bercow:. We'll do it when our Class C permits require.it.
Mayor!.Suarez::;-How about if.we... $ .
Mr. Plummers .You're'talking about -the Burle;Marx:program. ;
Mr. Bercow: The Burle Marx plan.
e Mayor.Suarez: How about if we were to•withdraw the whole requirement of the.
4
Burle Marx design altogether? z;
Mr. _ Bercow: If the Commission - wants to. do that, we won-'t " stop you. =:But r�
that's not,;you.know, that's notwhatwe're asking for. And we think that the
$75,000 is. a logical figure. The figure that you mentioned, Commissioner
Plummer,. $800,000, :,in not we don't think it's a fair figure. The fair 11
figure that the Commission ought to look at is the figure that it would have"
cost,us,to,;connect to ;the,..Peoplemover station had the station been located at `
its original location.
Mayor Suarez: What figure is that? z
Mr. Bercows That's about $150,000. We think there is an equal bens#it to.the' °
Cttyz and to,: the project -owners. `
Mr, Oe. Yurre. `' Nos .who., ,are your .contractors,>2o .we -can, use-
Ort Plu¢r: Jeff the figure .you .used . with aye ; theothe�csq*� , ;r�y�
Orm i .3Rroo�:. x �m :prepared `; to .have Mr:. $huport,. ;dl.rectc
r
i. no9l6:. Property, come ` up here ' and indicate , to . you that it Ms 3lsi 4eQs f y
apPso�clmato1l'y $10,000 had ` :the .station "been .iocaxed directly acac ee ,
l�re0 YQ4s cisi#iute t } but ft' /A♦ NOW
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mv..
Mr. ` Pluminat: But your figure to me via in the neighborhood, when you sat in
my offide, of near $600i000,
Mr: Bereo t That as your figure and I didn't agree with it.
Mr. Plummer: Oh, Ilia sorry. Go ahead.
Mayor Suarea: It could go from a hundred and fifty to eighty hundred just }
- because it goes from being,.,
Mr. Bercow: Because it's four times as long.
Mayor Suarez: °four times as long.
Mr. Bercow: It's four times as far away. So we think that the City had half
of the benefit, we had half of the benefit, that's $75,000. We'rs willing.to
be good corporate citizens to get this technically technical housekeeping
measure passed, and get an invalid and unenforceable obligation...
Mayor Suarez:: So_I hear you correctly that if we waive both of these, weld be
up to a contribution of $225,000?
Mr. Bercow: We would be up to our obligation to implement the Roberto Burle
Marx plan in accordance with our Class C permits, plus $75,000. That is the
proposal.
Mr. Plummer: You have an obligation on the Burls Marx.
— Mr. Bercow: Right.
Mrs. Kennedy: Two twenty thousand...
Mr. Plummer: So that's not.a plus.
e:
Mr. Bercow: And we're just saying, let's go back to that status quo.
Mr. Rodriguez: In that issue, Ir.believe:<T'm correct,.<.the:.Class C decision=: -was
met already,-wasn't`appealed;by them•and;,is in-,offect :So they -have to do it._" } }
Mr. Plummery So they.got to do it. So that's not a plus item. >
Mr. Bercow: That's correct.
Mr. Rodriguez: So that's not anything that is being offered or what they were::..,"-,
offering was.doing if., _>
Mr: 'Bercow: No, we're not .:offering it,. we're withdrawing the 'previous
as
proposal_. r=
Mr: Rodriguez: Well Oh, I thought when you were .saying .going�_,back to.it or
when�you.referred;to-that, Mr. Mayor, that decision •is-, already .there and have
been made and they haveagreed to it. t
Mr. Bercow: Right and we'll stand by it.
Mayor Suarez: We can't change our minds.:
Mr. Plummer: Yes, and, In this...
Mr: Rodriguez: No appeal on that.
k�rh �4
Mayor.- Suarez: . I m sorry? r
t , ?�, NP
Hr: Rodriguez: The..appeai poriodon,that:tyawt,a.rlong,;:t3me;.Bgo ead>bpan',,.,'�
Y5� ,
— . !layor :<Suarez:oI'get. the . appeal period, bra cAal.t change our mintis ils` t`�z Viz`>*d
wethex' that's worth it an .,we, instead, might:'. want . to take ocspe, of tl"F�
Duey}ipseed build; xhat hi are, miain$a#+M+t$;�;`° '.
Mr . i'lt er: ,.: Ysaa --: but' ;�►ou ' aoa p wa re miss ing a polat.; here, whg'" q A #fir
them Lo PrbdthperWe4ant er, r
5
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.. . ,. _ ..• .. J •i.` . / _ 4 .. _ • _ . . .. ., e . •>. a .... 1 .. .y .l... CYeSP. t �o-yC.a.c... _ . —.
certain things with cost and numbers applied to it. And now they're asking to
get that withdrawn. They didn't agree to it, the former owner agreed to it
and when they assume the obligations of the building, they assumed the
obligations that went with it. It's just that simple.
Mr. McManuss Mr. Plusmmers We'd be happy to have Mr. Jim Kay of Department of
Public Works, talk about the estimate to construct the overhead pedestrian
connection, diagonally to the present station or directly across to where Mr.
Bercow claims the station was.
't
Mr. Jim Kays Our original estimate included a pedestrian bridge of 135 feet
with miscellaneous tie-ins to the building at the Miami Center, an elevator t-
extension at the station and certain contingencies and engineering. That
estimate was $800,000..
Mr. Plummers Wait a minute, now that's the same estimate they're saying ;
that's 4150,000. Is that correct?Ia we talking apples to apples?
Mr. Kay: No. No, no, no. We're talking about making a connection to the
existing station -where it is.
Mr. Plummer: Oh, OK, OK, to the existing.
Mr. Kays Right, right.
Mr. Plummers Where it In now.
Mr. Kays All right, now to go to where it should have been...
Mr. Plummer: OK.
Mr. Kay: We're looking at a, of course, a ,lesser amount, we're looking at; a
$350,000 estimate. Because they still have to make the tie-ins to --the
building still have to put the elevator in. The only thing that's different
in. that the span is shorter.
Mr. Plummer: So, in other words, then apples to apples is what their
contention was of $150,000, you're saying is three -fifty. x?:
Mr.: Kay: That's correct.
Mr. Plummer: So.they'.re only.,$200,000 off. But is .that on today's'prices or '
the',daq..of !: the development order?
Mr. -.Kay: That's'today's.
Mr. Bercow: Mr.,Mayor,.I would like to have...
001 Mr. Plummer: May I ask one other question? I guess;I got to. ask itof:Mr::X
Rodriguez and he -can turn to the appropriate party. Under the.'_ development
order.:isit, possible. for them to tie in to the present station? And
obviously my answer must be yes, if they've got a cost factor.` Is that
correct? So, in other words, they can still comply with the development order
of tying in to it, it's just that it's an awful lot more money than what it le ;
or.what it-.would:have been.
Mr. McManuss That's'.corroct. fTa-
Mr. Plummers So, it is feasible that .it can be complied with the development
Mr'. McManus: Yea,. air. ram,
Mr. Plummer: And it would cost about $800,000 for their compliance.
e zs
McMpuust -Yes,.
Mr"-Plumn►ers And. without that' compliance, they do not
Correct? 2{v.
Mt McManus: wel,i..
ti S Y t P'w.£ h�jrz7
Mr, Betcowt fie have a CO.
Mr, McManust ... let me explain that, they,..
Mayor Suatezt They've got more than a CO, they've got a building.
Mr. MoManuss They have a CO,., 1
Mayor Suarez: Operating.
Mr. McManus t .. and they have a CO by ` reason of a covenant which Mill be
discussed at the next item on the agenda. We'll get...
Mr.-'Plummert No, let's discuss that now. What bearing does that covenant
have on this?
Mr. McManus: The covenant obligated the developer to either build the
overhead pedestrian connection...
Mr. Plummer: Right.
Mr. McManus: .., or to come before this Commission and seek relief or to go,`
to court of competent jurisdiction and have the court declared it that
particular condition invalid. Plus, the covenant obligated...
Mayor Suarez:Invalid or obsolete or unfeasible, or something.
Mr. McManus:. Obsolete, right. In addition, the covenant repeated the items
in the development order related to the improvement of the easterly. end. of
Chopin Plaza landscaping treatment. Repeated the development order condition
that .the developer was to improve the easterly bay walk side of the hotel
Inter Continental ---and repeated the development order condition .that '.the
developer was to provide a traffic signalization at the intersection of South
Biscayne Boulevard and-3rd Street.
Mr. Plummer: Have they complied with, all other orders?' J:
3r :
Mr. McManus: The:Planning Department,; Public Works and Parks:Dspaitment:-are s
in'.the process of signing off on their plans to allow them to completethe
easterly end of .Chopin Plaza ; and, the 'bay Valk.•• - fie= have• no ' outsttand'in issues ti
8...
on that. What we would,'propose that we not "release, them from -their obligation:
for the traffic ._signal in' South -Biscayne Boulevard and:, 3rd St'reet;, =kekp ti�at z�
ae a' condition because,` as-you<probably recall, there are..
Mayor Suarez: I- that before us at: all='that'particular'condition? >r
Mr. Plummer: Well, it is but it isn't.
McManuas Well, we have various schemes for radoing the traffic system, I"
DuPont Plaza and. to ;put in a :traffic, signal .now, when `it might:be removed" iA
two'years,-:'seems a waste_of funds, so we'd like. -
Mayor Suarez: Is ,that issue before us, is -it...- r
Mr. McManus: No.
Mr. Plummer: OK, but all other matters or all other stlpulatfans of the
�4
cove>ant have been met?` <3
Mr: McManus: Yes, air, along =withthe releasef.theoOverhead pedastxia�ta
r '•
COAnaCti20A.
Mr. Pl"ummar.: And what is the deadline on that covenant
k
Gh 4 'r).Nit •..
Mr McManutas The applicant was ;to saek relief <from .the iveth6td addRt
cobgectioA provision py approKimately'this
Mr. Plulmaer: r_.(�a ` isa x++r ■f k^�}•
^'• �: N th V t ima � � f � rri i?�+ 3i'.h"4 Pl4�'
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Mr. lc Lanus 3 By j pprox.. • a ��
'`ix ,• .�w"�•�.S4h-�l> -?,, _a _7,� A k r 9 + r F u 'Fr �r .4� syY �-s. .r:
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§. '. .. ., •, ., i ._ ., tY.. .. . _ . Y'C .'.iI'F'Yj�f i=1�t4�liv".c"Sr�T
K+ A%
j„
ilro Plummert So that date has pasted.
Mr. Sercowt Ve Vora to begin we 'Were to...
Mr. Mohan �xeuaa me, excuse me, excuse me, Jeff. Than date has passed and
they haws not complied with the covenant.
Mr. 86reowt No -:
Mr. McManus: Wall, I think you could read the language to say...
Mr. .Plurmer: May I ask my question? Non compliance with a covenant, of,a
deadline, which passed a month ago, means what?
Mayor Suarez: Non compliance with a deadline of a covenant.
Mr. Maxwell: They're technically in violation, sir.
Mr. Pluather: So what has the City done about that violation?
Mri McManus:'" Well, Commissioner, I think they have started the applicatibn
process.
Mr. Plummer: Not- no, no, no. They had to have it completed .by, that:: date, if
what I understand you to say is correct. Is that correct?
Mr: Bercow: No. ;
Mr.' - McManus: No. -
Mr,. Plummer: It is not.>
{
Mayoi'-Suarers OK, counselor_, let...
Mr. McManus: They were to come before this Commission and seek relief.
Ur:; Plummer: They did not. Is that correct? ,r
'Mr. McManus: "Well, they had started the process through, Commissioner.
-Mr.. -Plummer.: They AWi not. Now- ,vhat is: the City: doing about non compliance {
with their own voluntarily covenant?
— Mayor Suarez: He'.s saying that they started the process - they applied. for:=
.our hearing:today',which I don't know:when they.. ;•:
Mr. McManus: They applied for.. we think they're still timely,, Commissioner.
j
Mayor Suarez: When did they apply, presumably before the deadline? They..
"applied before the deadline.
Mr. Plummer: Yes,. but in other words,: if this Commission:denies it today, how::..
much more time do they have to comply? {
1
Mr: McManus . Commissioner, if you... thy:
Mr. Plummer: �A^6n is e Aaaen?
{
Mr. McManus v If you decide that they have to do the overhead pedestrian`
'4conngCtion, 'that, -would settle it.
-l'lumm e: We didn tt
^Mayor ''Suareg:. No, -ice, .but =what , he P w! saying --i a. supposing thOL ate►'
that, , wouldm't they have anticipated that Might be our. dee;ieigm
parlie tobe exi sed _f t'' ,y ,{ rz >a t,; °x Y s`
v rota :that?'F � � � � �� �� � � �,� nr{ y
i i:..y �h/ Pi' ti ....°'• b z� ,r ; te 1 � : ( : t � S{ tr ��`� � .
G
Mr, Plupntetrs TheyIV know about thin... whoa wasp t1wo AO if Pus
jV
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br•'llsusThs JevalAp�aRmt= oxder++as iaa�►edi� i atI'e
Ft5 44 c J' xA �' :'f f ' c�'`•.1's' �� ''
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�., . !. . r. 4', { _. .•'` ... , -, , .. w.. ter. . r�` 2. ....r.: ..a..,. -C� .A}nv'��k�°�i `�'1:'�"� �r
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is
-* 1
7,
Mr.. Pluffimera And when was the Metro station decision to move it across the`
:treat
2.
Mr, McManus: Probably about 1981 or 182.
Mr. Plummer: That's seven years ago. And how long does it take to process an
application, seven years?
Mr. McManus: No, they applied, I believe we have a date in either - or the
January.
Mr. Plummer: I'm kidding, of course. The point that I'm still making, they
volunteered that covenant and agreed in the development order to attach it.
That Is still feasible today, it can be done.
Mr. McManus: Yes, sir.
Mr. Plummer: Thank you.
Mr. Bercow: Let me clarify. The covenant requires that within three years,
we were to get the City Commission's approval of an administrative deletion,
get &..final judicial determination or comply. The covenant also sayst that if`
we have begun .the .process and we're, pursuing it in good faith, the
-
constitutes compliance., ..',We filed, in, mid January, and we have diligently'
pursued the process ever since so we are still- in compliance with' the
covenant. I. would like Mr. Shupert from Lincoln Properties, the'direcior'of
construction for, Lincoln Property, to talk to you briefly about how much it'.
=
would cost,to:_build:the. upper level pedestrian connection were the station ;to
_.
be -located at its original location. I will pass out a diagram showing where`
—
it was intended at this time...
Mr. _Plummer: Will he also.speak, Jeff...
Mr. Bercow: and he will also speak as to the technical infeasibility of
doing:it,today,.
Mr. Plummer: No, :no, no, will he also give- us .numbers since compliance is„
possible...
_
Mr. Bercow: It is not..
Mr..Plummer: ...: to where = no, excuse me, my'people:'..'
};
Mr. Bercow:_ He.will-tell you it is not. He will tell
y you it is not.
r
a Mr. .Plummer: Well, then, you know, that's a disagreement between my
professionals and yours and I, of course, am bound to listen to mine.
ii
Mr..Bercow: I agree, and for.the record, we'd like to have his."statement.
Mr. Plummer: Sure, fine.
Mr. Sercow: Oh, and I will submit Mr. Shupert's resume for the record is
order to shorten the proceedings.
Mayor Suarez: Thank you: ti
M;. Jeff. Shupert: , . My name's 'Jeff. Shupert, . ,I cork for Lincoln Property - r `r
ComPeaes... s ti.v
Mr. Rodriguez: Sworn.'in
i
Mr- Shupert: ... 701 Brickell Avenue..
Mr. Plummer; He hasn't been sworn, he can't testify.. ,4}�
r 4 a x V
AT THIS PgINT TH$ CITY CLERK ADlvr
. INISTERED .REQtTxREA OATH pNpER`;ORD�it TO$ Q�
1051 TO THOSE PERSONS ;GIVING TESTIMONY 0 THIS
y h J T s
t b a ! a ' < < ri
P43 t, ri;S�Mla 'li F o�F ` a 'Act F.
�Q.��te�� �►L�.�Ql � ;$�c�.�k4�,t 'A�9�tn�tei �h� ons� �����
c�aaectioaq MAs tp. come atrsight perpeadic4ar froes the u+►SBOa
aids e i r � a
00
our building over to the original location of the Peoplemover. The distance
_ vas otly approximately a hundred feet across Biscayne Boulevard. The cost to
tract the Peoplamover connection at the building has already been done. in the
building shell C6118truct16ft so the actual connection at -the building cah;`be
facilitated with very little coat. -
Mr.- PlAikwnar, Excuse me, for the record, the paper handed to me is not your
background unless your background is a map.
Mayor Suarers No, the... no...
Mr. Plummer: This does not... this map does not qualify you as an expert
witness.
Mayor Suaress His background was introduced into the record by a copy given
to the City Clerk.
Mr. Plummer: Oh, OK.
Mayor Suares3 This is the he's describing the original Peoplemover loop.-
Mr. Shupert: The original Peoplemover connection could have been bridged
across Biscayne Boulevard with some.number of concrete structural supports.
It was a definite length, approximately a hundred feet, and was supposed to
tie in to a landing, a stair landing, at about mid height, which would require
exiting. the building, coming straight across Biscayne Boulevardand then.
stepping down to a platform area and then stepping up to the platform area of
the,:,actual;Peoplemover. The -costs - our estimates of the costs of that are
somewhere between one hundred and fifty and two hundred thousand dollars. The
problem :with extending the connection to its new,.location; or its, -.present
location, is that., it:-.,, impedes, in our minds; it impedes! pedestrian: -traffic.
The only place you can put your supports for this crossing is on the sidewalks
unless you run. It across Biscayne Boulevard into the Challenger Memorial and
try to come across from...
Mr..Plummer: :You're not.. -.-go ahead, I'm sorry.
Mr. Shupert: ... and try and come across Chopin Plaza, which..., r,
Mr Plummer.i But you're not stating for the record, that it can't be done.
Mr. Shupert: =No, I'm saying that' I- don't think that anybody in the City would
want.;to have -that... -
Mr. Plummera It's not like.. 4;
Mr. Shupert: .. not want, but...
■ Mr. Plummer: Excuse me, the statement made was that you were going to testify
that it couldn't be -,:done. Now" Vm.a:kin g you, on the record...
Mr. Shupert: Not as a...
Wj
Mr. Plummer: .'.. if I contracted you today, `could you do it?
Mr. Shupert: Not as originally planned. 1=�T
Mr. Plummer: I didn't ask that uestion.'
q It doesn't. say anything: in the=h
development order about: originally planned..- The '.questiondbt►
today?1.
Mr.'t Shupert: Well, I think everybody, in this room would agree , lthat anything y'i •'h
can bedons.
Mr. Plummer,
t' Thank youi, sir.'' '
Mr. Shubert: z r
But that a not the end of the discussion:' The: prQhls�m.. x`
_ '• � =fit, ,�-� :.
Mr. Plummer: Oh1t isthe end of the, discup$ion; to this poi}�t. Thp}~blsfld,
�tmd : ds�►�t oper..o!' `.that .mild f g rg ,N
6 agreed to da i � pari�d. MCL#-roedf �4 §► ' a
iio+ all: ice. xP Raying r .is, it` cagy ba . d+an�e; Reid `we�j`sgvyautcol►
ti'f s31
Cv r..F
8 d4Ye1�pWr 4re:e0 to d4, fit' s �ttat{ eipeVOLnm�z tFF,,'.
fS
—_--
LL }-'' l`
t 5a `F
't
Mt, Shupbrt: J.L., if the...
!Mayor Suar6lt And We saying that the original developer aseufined that they
station Mould be located as shown here, which 'would be a lot lens expensive
slid a` lost more feasible and more cofamon sensical than trying to d6 it
diagonally now, that's all we're talking about.
Mr. ':Mummers Old. but it can be done, that's all I'm saying.`
Mayor Suarez: Oh, you, it... Ft,:
Mr. Plummer: do question.
Mayor Suarez: It's not a good idea to say, it cannot be done unless you mean
It's not an economically feasible...
Mr. Plummer: Oh, yes.
Mayor Suarers ... it's probably not a good idea but it can be done. I mean,
engineering wise, it can be done, obviously.
Mr. Shupert: I'm saying, I guess anything engineering wise, can be done,
but..
Mr. Plummer: Exactly.
Mayor Suarez: Well, not quite.
r.
Mr. Shuperts Well, .I want to clarify that with one thing. The problem you're
going to have in making the connection, is where do you put your supports? x
Mr: Plummer: We understand that.
Mr. Shu ert ` How ''do you support,,- t ,p _ y pport,the structure 'arid I don there's
anybody in the room that has'that answer: -in a place''that-even-your, <City`would `
agree'to.' So I don 't 'think in the' terms ` of, can `it`be`-done, it 'can'_be5-done. y
_-
Mr' Plummer: I agree. The original'° developer agreed to do it. It can be'
done, period.
_. Mr, Bercovi"' However, if the original developer `agreed `to do it but that's:not�
the end of the statement. The original developer agreed to do..it if the
'station was' to be-- located at `'its original location. ' Mr. Plummer... '
Mr: Plu6mer6. It's"'not'stated in the development order.
Mr Berco'w: Yes it is.
e .Mr.:- anus: He's got the word vicinity.
Mrs Bercov Yes it is.And if the develop.'
mi' Plummer: You read to me' the terminology. It is not in the development'ord
h
r.
Mr. Bercows- Do you have that?�
Mr. McManus: The original reading is, *...subject to obtainingail'necess3ar
" y %' y
permit's and :approvals in 'the event that "a `downtown' Peoplemover `station;"ist�
located'at�or is'the visinitq of .: '
Mr Plomoie': Exactly.
Mr. McManus: ... Siacayne Boulevard, between Southeast. gnd 'atnd �d C' R
' : tide , tom"
ll"-provide'' an, upper' pedestrian' connectioA to this
appl Cant sha
Mr Plummer: Exactly* ; 4rr4.
!!r Bercows� .Aad` ageia,i I=°be]teve that} 10` the viaintY .ohs►+f�l ss��s{r`
between S.M. 2nd aAd 8 $. rii. It this had: im moved thr4R b �apka e► g -
w'
i ipile��we r yl�4i
y, �ara Me than° going to W-ta�k, Ag *boot ti}a- coat o co st�Dt 1 �
5 )Ailign Id4iliAx cQnas�ctor?77,4 v
Mayor Suaraz: Sure, we could have done a lot of things that Mould have made
this still feasible and still somehow in the vicinityo but not a very good
idsa. There's no question about that. }
Mr. Humors There's no question about that.
R
US
Mayor Suarez: So, and we wouldn't necessarily today have a resolution of Mho,5
would win if they tried to argue that that wording precludes the location
across -the street. I mean a diagonal.
�q
Mr. Plummere Oh, you.
Mayor Suarez: 1-wouldn't want to be the Judge deciding that. ft
Mr. Bercow: We have an offer to the City that we think is a good faith
_ offer...
Mr.. Plummer: We heard it. �-
Mr. Bercow: ... of $75,000..
Mr. Plummer: I move that this matter be deferred.'
Mr. Dawkins: Second.
4
Mayor Suarez: -Moved and seconded. Once again, for myself...
Mr. De Yurre: What's -the motion? y
Mr. Plummer: To defer. ,
Mayor.Suarez: I.would like You to consider,,Jeff, because,L think it will
have. that; much more , mpact on this Commission, what it:..:night ;be' Mworth,: it to '
You to- get, ,out,..of::having to build. any of_.the-Burls Marx.design.anywhare/around '
that. property which '.^Ifm told is $221,000, worth.. ;Don't tell me `it cannot be
done because.; use.,,, if, it cannot be done .- .well, don't.- tell-, me'. it -, cannot � be :done. <}
I!m. sure-, It.,can be done. The :City: doesn'tr necessarily, ,have .t'to, build t'that �
around rthere or hold them to' that commitment, r{
Mr. Bercow: Mr. Mayor, there are some problems between the different owners 77
of this: ro ect that
P prevent;us from 'really pursuing that. issue .f-
Mayor;.- Suarez:Ah, now . that's . `something. different. Are you saying that '
there's, no-way.'to: get all that -way because you :don!t~ have an 'absolute
consensus on all the owners?
Mr. Bercow:;•.No,,no,� no. ...'It's just .that the owners between themselves:'have
different >-issues`with different obligations relating to the. Roberto Burls r.
® Marx plan, and...
u:
Mayor Suarez: So, the only thing that you are empowered to offer today is the `'
waiver ;or • a payment in exchange of our:. waiver of that little cross:_ hatched.`
section? GIs that what you were saying before? r:
Mr. Plummer: ' ft
_ , no, no.
Mr .,,Rercows No;
Mr. Plummer: the `only ;thing he's: -in offer today 'is in relation to.t#e remoral
oft e o s ,s
h obligation to
Mr. f Bercow:{
�hati a right tad we're willing to offart$75.00R~ forryit.
-
vw
1
-
J
k {
!firs. (oAusdy:,. " `,start:immediately Nr ", s
Y n
Mr.: Boropwt XXcuse
Mts.�sd�►: i aV•rt fmmediate,iy
Plilgpleor,.t N4 no-► !lo.v' oR s t let �8 in � '►u o
r
Mr. Bartow: No, start in actordance with our Class C permits.
Mt. glummer: What's in lieu oft Rosario,
Mayor Suares: Just a cash contribution for the...
Mr. Bartow: What is the purpose of a deferral?
Mr. McManus* Mr. Mayor...
Mr. Dawkina: I don't have enough...
Mr. Bercow* What would be accomplished...
Mr. Dawkins:. I don't have enough - I mean, I can't get a clear fix in my mind
as to the total cost of nothing. I hear you may one set of figures, I hear mq
professionals say one not of figures, so I need time to get with my
professionals so that they can show me that the figures that they're saying; is
true and I also need to get back with you to let you dispute these figures and
— say they're not true and that's my reason for the deferral. I don't know
anybody else.
Mr .McManus Could we have Mr. Kay's professional credentials put on the
record.
Mr. Plummer: Of course.
Mr. McManus* Their applicants engineers credentials are on the record and I
think in fairness,.Mr.:Kay:s should also be. With your indulgence,
Mr. Jim. Kaq: Mq name is James: J. Kay, I •.graduated from Miami Senior.: High .
School -,in 1963. •- I have a bachelor of civil engineering degree ,from -Georgia ..
Tech, 1967. I served two years in the U.S. Navy as an engineering; officer on
a.-U.S,.Naval destroyer; 1969 I was discharged. I°ettrolled in '.the University
of Miami graduate school 'in 1969,° and 1971 joined with. the ,City of ,.Miami In
h'
1973 .I received a I Master of Science in engi-nearing..from the. Universitys of...;
Miami. and I am a professional .engineer, registered .since 1974 and I itt the
State of Florida. And I`am currently employed still with the City as ;the
chief design engineer for the Public.Works Department. v,
ty ,
Mr. Bercow v For :the,record,.Mr. Dawkinst; ve;don't 1chink that whether you're
talkie about 150 000 or 800,000, that that's the s'sue tonight.' Thei'i
B $ ' $ 6. ssue
Tonight; is is ,this, an enforceable' obligation and is -;this something .'the`. City
wants to see built because that's certainly one of our alternatives: 'we,
like ; to. have the 'issue..resolved tonight .and. I've;• Just; discussed thismith> Mr,, Wolf and, we are willing to.go up .to $150,000, which is equivalent ",.to what;'it
ses
wouldhave ;;cost us to.; build the upper level pedestrian connection if It 'had,,
been at the original location.
Mr. Dawkins: Check with... I didn't make the motion, check with...
Mayor >.Suarez:., Who was the who is Mr. Daryl Parmenter from Lincoln Properties?
Mr.:.Bercows He's the managing partner of Lincoln Properties.
Mayor Suarez: .I just .;xaat ao put ,�en the record that I received a letter f#om s r
him on March - dated March 21 - saying he had hoped to,'meet;vitti;ne'and that, all;: the folks .at Lincpin $roper* p
doin a:>ver y :uaderatand.vthat. your;:;attornep has peen A�#.
B q good job ; of meet In$ . e•ith -.us and advising us of. thus tiiroughswt
the por. od of :.timq. kpreced mg,; today's , Commission meetin `
wasn't aware that ;Mr.
. B: ': so :eve►n tha�gl' I �s
him gladly Rxcept '<x ,;ve . beenr a ranted to melt ,with me I .:would have met with
Vermonter M
' pp _Qached _etpd `osnuuniaat'Ad Mith
your atarney, whQ ,:i�lao. e happened to ba .g et bitr
people involved in many: m.►�► ccmmui k .
ers 'xhat .into
mattwe run
each o
& t g,, W
I didn't make tine mot ion, ,L pax t
4K,
Mr Ber�ow: 1�ow, but; you... 7� 5,
y 4 .� p hYr .Cx4v
VPv}, ,4
�!#tyQ' Suar�ea; apuld be ; r > tr by x r`T:,�
r
toadyX+A.. • ¢rya x,s
G :'• ,, t' tL g
.r..• ..^L .. . _ -
x S
` f 5
$y '
Mr. Dawkins1
withdraw the motion ill withdraw the second.
'
Mayor Suareks
You,- t would be ready to vote tonight on this whole Issue it rnl+
1'..
f
fellow C6mmltsionera
wanted to go along.
k4.
Mr. Plummets
I think they need a little bit more time, Mr. Mayor. I
really
,
Mr. SercoMe
w{
hell, Commissioner Plummer, in light of our offer to $150,0000
f'
will you withdraw the motion to defer?
`
Mr. Plummer:
No, I think you need a little bit more time.
Mrs. Kennedy:
I think, Jeff, that if we could agree on a figure higher than
$100,000, 1 would go, no...
Mr. Bercow: As to our offer? '
Mrs. Kennedy:
I would go two -fifty, at least.
Mr. Dawkins:
Well, I mean...
Mrs.:Kennedq:
And I tell you, if you would
y go that far, I would be - on my
part, I would
be ready to vote tonight.
Mr. Dawkins:
See, the only thing, the problem, Jeff,_ is, you know, we need
more information and all of us agree...
Mayor Suarez:-
I got 'a better... I got a good idea Let's t bl th
a e e matter
for about 15 minutes until we get our act together up here. We've got, to: be
very careful in this discussion and give us 15 minutes. We're going to, go,.,
into.it'neat time.
Mr Dawkins:We''cannot 'give the impression, OK, that we are beating you over."
the head for $150000, OK? We just can't do that. And you keep coming back
to than, that we will give you 'a hundred and fifty and all we're saying.:is we t
need more time to`'evaluate this,' that's all.
Mr. Bercow: I understand. a
Mayor Suarez: How about if we table fifteen minutes?
Mr Dawki11 You're the Mayor, you're running the meeting.
Mayor Suarez: Table the matter for 15 minutes. And we have been advised that
even though it's not a zoning matter, per as, that we cannot deal with this -as' :
a quid Pro quo,` -is that the correct' statement?
Mr. McManus:` I would defer to the Law Department, Mr. Mayor.
Mayor Suarez: Well, you didn't before so now you do. Before you said, it's
not;:a zoning: `matter... t,
Mr. Bercow: This is a good faith contribution. It's- a .voluntary - ` n: J k
contribution. cur
Mayor Suarez:' We appreciate that and can we take. a;4x�
,f
Mr."Plummer, i` !lr.�"Mayor, Mr. Mayor, there's no question in an mind.,. s
kFyy�,
Hr. `Be t I.:
thouwas,
j rcowthought that vas clear. M. sorry, I thought that .was ae` �.i
Mr. Plwamer ... 'that an thing" Jeff .does ; f
y,. y o
he realizes �t v luataxy 9r ,�z k�
his; part, he raa�izes that. L ,
a Mayor Suarez: qK, �• a ., t __ � 1 - 1 t � � r - y c � ��A �... 3� of t .e{+'u
Mr.:$ArS:�:w;P�%r tha_ re�'Qrde ..� a �t F y:91 R i
V � ?2
Mayor v ,quer4lGi �1ihh�t read so cla�citiedz., .
, °7 G ti �4 � P � �A /5` p 1 �, -. - I• t t ,,..i 2 .; 1` 4S�� y t r = A.5 Yi'2 c �"�ir'`d +� V ,w2�y,� ,.
� f
S3Y•:,7i .,, . `' , a ,•.. . �....'. ... .. ......_ ✓. _:i _..2� is...r._/_. .rr. „_�".�:2a�.5rxe�.�kit.�
ilk
ry U
1
AWL
F
Mr, Sercovr And one other matter for the record, is that Mimi Center* joint
venture, represented today by Mr. Minsky has requested that the City**
resolutions be clarified to indicate that whatever action is taken today only
affects our' portion of the Miami Center I development order property and not'
the southern portion of that property owned by his client and we are agreeable
to those ciariiicatibno.
Mayor Suares: We've got the item tabled then for a few minutes.
Mr. Bercows OR.
45. DENY REQUEST FOR MODIFICATION FOR RELEASE OF DECLARATION OF RESTRICTIVE
COVENANTS RUNNING WITH LAND FOR PROPERTY OWNED BY UNIVISION STATION
GROUP, INC. - at approximately 740-742 N.W. 25th Ave. - to permit use -of
property for construction of ..a community based residential center.
(ACLF)
Mr. Dawkins:. ... PZ-15.' Let's hear PZ-15. We got all these people out here
—
with......
Mayor Suarez: Do we have a lot of people here on PZ-15?
Mr. Dawkins: All the people with 15, hold up your hands.
Mayor Suarez: PZ-15 then.
Mr. Olmedillo: Fifteen is a modification of a'covenant, a property known as.
Channel23 vas issued a zoning amendment. It was change of zoning some years
ago and there was a covenant proffered to it. The applicant is seeking relief,
of that covenant and with certain restrictions which will'�allow them to•put an
-
ACLF building, an adult congregate living facility, for a hundred clients. j
That is a hundred unit apartment building. The Planning Department is
recommending' approval of the modification subject to the submitted plans which
K,
are on record.
Mr. Plummer: We're on fifteen? F
Mayor Suarez: Yes, PZ-15. Is there anyone who wishes. to be heard against the sue-
resolution',of PZ-15? Ah, I see.' OK, we hear then from the applicant first "'
Mr. Olmedillo: From the applicant first, yes, sir.
o
Ton O'Donnell s sk
y , Jr.,,, Esq.:' Mr. Mayor, members -of the... ,
Mr. Plummer: Can we ask that all persons going to testify be sworn in-' if
you're going to testify, you must raise your right hand and be sworn.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE' -NO:
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.'
Mr. Plummer: I knot/ Ton for certain that
, y, you area registered lobbyist.:'
_
—'
Mr. O'Donnelli' Yes, Mr. Plummer, I am.
-'.
Mr. Plummer:` For the record, thank your
Mr. O'Donnell: For the record,'my nixie 'is.lony O'Donnell with law offioe¢_at ytt
801 8rickall Avenue. In representing the applicant 1n this matter. J'd
r },
request; it J could; - if the Commission ''could' turn to page 'two° of 'the packet to 4r�
look 9t the' map, or perhaps refer to the map thatfs -up oar the ; acro�en*
Basically, the application that we have today, is to obtain, if• you'll 1pok +at
that"page' two, a4nd you`'look' at tha property' -that's shaded In amyl ;,then xtght op 3 {, Y�
top of that property, the property that's crosshatched, there preeeutly exiets,
d covenant sin the .'top 56Meat that's 'cross'liatahe'd on.:thst? cQmn►A=clef jPrppi�rtF
Qcated ot� e. agstb aids .of N.b1. aLh Strogt,. That Covonant$1W .a piovl�d�4y #f' x
F
fox cert�ria' astricttons to the see of` that = 0 foot wide ship. T p p =r ��•
t
tonight, as the first Rtep 3A an` effort to, g4t as`mpproYa�, 4� aD 4 arc
iF; .- ...
... a. ...M ..... . . , .. .. .. .1 .... .i.-. t.. ..,. 'e,�(1.�.e..S�iSS4M1ii•T`i AC+'Y:� dkl
the elderly, not only on that property but the shaded property below that,
_ we're asking for a release of that covenant and we are proposing, or have
submitted in substitution for that covenant, a new covenant which covers both
the crosshatched portion of the property and also the shaded portion. And
basically, the new covenant says that the only other use that will now be
permitted on the property will no longer be the commercial use, will no longer
be the station use, the broadcast station use for Channel 23, but will. be a
_
residential use. This residential use is not an adult congregate living
facility. It will be instead an apartment house for the independent elderly.
-
Those people who have - are not in need of care, do not come under the State
law for adult congregate living facility. But it is for the elderly. And it
will be for low cost elderly and it will be run by a nonprofit organization,
Volunteers of America. We have submitted a preliminary site plan to the
Planning Department for their consideration. If you release the rear 50 feet
of this property from the covenant tonight and impose the covenant which we
have proffered, we will then be able to file a zoning application for a
special exception which will be reviewed after public hearing before the
�-
Zoning Board for the proposed apartment building. We believe that there is a
_ a
community need and we think the Planning Department recommends this
r
application based partially on that, a community need to provide affordable
t
housing for the independent, for the healthy elderly in the community in which
they lived their lives so that they do not have to leave that community. So
that they can be near the churches and synagogues and the shops and the family
that they have lived their lives with. This is not a nursing home as I said
and not an ACLF but a low cost apartment complex for the community itself.
Secondly, we think that this...
Mayor Suarez: Tony, what does this structure look like now? What do you have
there?
Mr. O'Donnell: Right now, it's a combination of broadcasting station and at
- the very rear, the broadcasting - not towers, but dishes - on the property at
fl
the rear. The property is zoned commercial from northwest...
Mayor Suarez: Was it used as a studio at one point or is that an idea of
{-
mine?
l
Mr. O'Donnell: Yes, it was. Yes, a studio...
Mayor. Suarez: It's a pretty low structure then.
Mr. O'Donnell: Yes, it is. The structure...
1
�{
Mayor Suarez: And what's the restriction that you're having you're trying to
- have lifted?
i,
Mr. O'Donnell: The restriction is at the very rear of the property which
I
would required a ten foot landscape buffer, required a wall and required no
taking of the FAR from that last 50 feet and transferring it to the front so
as to build bigger structures on the front of the property which is allowed
;[
under your ordinance.
Mayor.Suarez: What would you be able to build if you didn't have the lifting
of this restriction?
Mr. O'Donnell:. On the particular 50 feet, we wouldn't be able to build much
of anything except what's under the restriction. From the crosshatched
portion of that...
�t
Mr. Plummer; No, no, no, you couldn't build anything.
fl
Mr,__O'Donnell: ... down to the Northwest 7th...
- Mr... Plummer:. No, no, no, no, no. On . that southerly 50 feet, .you couldn!t
build anything.
Mr. O'Donnell,:. The north¢rly 50 feet, right.
' rig
t
Mr. Plummer: I'm sorry, the northerly 50 feet you couldn't build anything.
Mr. O'Donnell: I agree with that, Mr. Plummer, but from that p0lut - forward
M�
the uses, 4f the commercial presidential C-2/7, would be._ailowed.1e1�hf�k that
µt;`+
h.
- Y t
y
r
the residential use is a better transition use. We are providing, in our
plan, a 30 foot wide landscape setback rather than the 10 feet that was
originally proposed on that 50 feet wide crosshatched area. Our building will
be 45 feet# the residential zoning that abuts us allows up to 35 feet. We
think the combination of a 30 foot wide buffer setback plus a restriction of
45 feet high building will provide a very good transition between the
residential in the rear and the commercial in the front. We're hoping in the
future that the commercial in the front will be neighborhood commercial. That
would be very beneficial for the type of use we're talking about where the
elderly do not normally have cars, have very low traffic uses, will be able to
walk to the convenience center. In reality, this is an ideal location in
transforming this particular property into a specific use of broadcasting
station and turning it into a residential use which meets the need of the
community and we would ask, at least to give us the opportunity to attempt to
get that approval through a special exception before the Zoning Board.
Mayor Suarez: You know, the way this reads, unless I'm missing something
- here, doesn't make much sense. It says they want a release of the restriction
to permit the use of a property - of the property rather - for a 100 unit
rental apartment for elderly persons. What, exactly, are they asking to be
lifted that would allow the building of a 100 unit rental apartment for
elderly persons. What does that have to do with it? What they would...
Mr. Olmedillo: The northerly 50 feet has a restriction which says...
Mayor Suarez: Yes...
Mr. Olmedillo: ... that the property shall be limited to uses accessory to
television stations, studios and offices, including, but not limited to,
parking, plaza and satellite and tower antennas. That the property will not
be used for the purpose of floor area calculations for redevelopment of the
abutting property, that... #
Mayor Suarez:
-Would not be used for what? What are we lifting that it says
in•there that
they cannot build a certain amount of unit rental apartment for }�
elderly persons?
Mr. Olmedillo:
Well, since the only uses were to be related to the television'
station and an apartment building, obviously it's not related to a television
_
station.
Mayor Suarez:
An apartment building?
Mr. Olmedillo:
Right, that's correct. It's not related to the television
station.
i
MEN
Mayor Suarez:
OK, what is the fact that they're talking about a hundred unit
NEE
rental apartment for elderly persons have to do with it? They want to... 'y
iMr.
O'Donnell:
Well, excuse...
Mr. Olmedillo:
Well, they're proffering to you today that that will be the
only use that they will give to the property.
Mayor Suarez:
Y
Oh because the want to try to say it's not
� Y Y Y going to be just
an apartment
building for any old person, it's going to be for.. elderly
o
persons.
Mr: Olmedillo:
r
Or it could be a commercial use or something like that. If
you lift the
_
covenant entirely, they are left with a CR zoning district:s
-
.9
Therefore, they can use commercial, they can do the residential;- theq d4n'do
other things..
Mayor Suarez:
t
And the covenant prohibited?
Mr. Olmedillo:
It limited the property, the 50 feet, the northerly `50 feet, `a`
only to .those
uses which are- related to the station; -,;to the television
station.
;1
Mr. Plummer: The area of concern before was the antennas. z'
Mr. O'.Donnell:
But the point is, Mr. Mayor, could x respond for a �seoohd? SY�,
142' Ma�scb#�
r ,E �rj r rx✓ ���� -
Mayor Suarest That's a hell of a covenant.
Mr. D'Dontialls The point is, we Mere trying to let - it's a procedural
problem because you must lift the back 50 feet covenant before we can come in
with our proposal for what we want to do with the remainder of the propetttyj
including the back 50 feet. Because the procedure for getting approval of our
special exception goes to the Zoning Board. They're not cap... there don't
have the power to lift the restriction over the rear 50 feet so this is the
first step. The covenant that we're offering in the meantime is to afford an
Interim protection for the City, that that's all we're going to be asking for.
In other words, you don't just release it and then we come in and put
commercial on it which we would be able to do. But really, the only
_ restriction now is on the rear 50 feet. Commercial is presently allowed from
that 50 foot setback all the way forward to N.W. 7th and we are giving up that
commercial or we're proposing to in order to have a transition residential.
And we think it's a better solution, we think it meets a community need and we
also think it's a good transition to`'the residents in the area as opposed to
proposals for commercial or other business uses on that property. And the
Planning Department agrees with our position.
Mr. Plummer: Let's hear from the objectors, Mr. Mayor. Can we hear from the
objectors?
Mayor Suarez: Yes, OK. I'm going to hear from the objectors. Do you have
- any kind of an organized format so we can hear from a limited number of
people, please? You have an association of neighbors, maybe, or... 4
Tr
UNIDENTIFIED SPEAKER: I didn't even hear about it until two days ago.
Mayor Suarez: No,-. no, I'm just wondering procedurally so we know that -..go i
ahead, sir.
Mr. -Martin Drum Levine: My name is Martin Drum Levine. I've lived there f
since September of 1945. My parents are... j
Mayor Suarez: Can you give"us an address, Mr. Levine? M
Mr. Levine: 765 N.W. 25th Avenue.
Mayor Suarez: Proceed.
Mr. Levine: We are asking that this be denied.
Mayor Suarez: Go ahead.
Mr. Levine: We would request that the, thing be not be zoned for the hundred w
. unit complex.we:,don't, being built there. ?.
sMayor Suarez: Are.you satisfied with the existing use of this property which,
I guess, is what - it's like a little - a low building with some antennas
® and...
Mr. Levine: It has one building, it has two buildings. One building has an
antenna that's not being used. It has one building that they use -to build the ;
stage platforms which Channel 23 set up wherever the new station Is.The
S other "building-: is abandoned :duplex that was converted for'•& studio- which' ip
now is.all`broken up. The windows are all knocked out, it hasn't been used' in.
years. .
Whatrvrouldebe the Ideal thing of
like to seeuthere? like to See, therer? '
• g , what
g y
Mr. Levines Residential houses like it used to be. When Channel 23 bought.
the property. several-,: years, ago, they ,tore. down two,.;:..
- Mayor Suarez: OK let me ae}k the staff about that. Suppoain$ that.,tbis wRrp
of
rozoned,,�back to regular residential<houses, to:usez his term;, what would
proper zoning that it would receive?
Mr m diilo: It'll bel as RG-1/3 zot►ing which la to the" h:
Part u1 a D9f't
' 143
r
k.A s
3 xs
t
s
Mayor suitiolt WIT
Mrs 01usdillb: One, three which is duplex zoning which is what existsi
Mayor Suaress Oh, oh, you can only go - you can never do anything like a
hundred unit on that.,.' "
Mr.-Olsrledillos flight, you wouldn't be able to do that.
Mayor Suarez: You wouldn't be able to do multi family at all.
Mr. Olmedillo: For, that you Mould have to go through an RG-2 or an RG-3/6 or
7.
Mayor Suarers Right. It would be nowhere near that density. OK, thank you.
too,'go'ahead, ma'am, or air. We're going to limit to two minutes so',- and
try
'not to be repetitive, I'm sure you're going to give all kinds of important
reasons but...
Mr. Alexander Fuse: OK, when we were trying to form here...
Mayor Suarers Give us your name and address, please.
Mir Fusa: OK my name 'is Alexander Fusa and I'm a resident ofthearea..; It
pretty young and it's hard for -'me to explain what we've come up with 'because
we ' were 7 not- aware of what was going on with' our property - there "sited at ,,`7th
Street ,and 7 25th Avenue "and 26th Avenue. We •were" just aware . of it", a couple.•of
days. ago and -westarted 'looking all around because, the residents`:' of the area
were not aware of'what .was going-on'and we came up, with"a conclusion of:<aome"
of :the' owners 'of the` land "that's around, this -area ' and . vhat''s` going 'on is':.that.
they're not'' in -complete of what, is' going on with they sense "..that,they
think that` it going, to devalue their property: They you, know;- build ;up'a
residential..'area around -the' facility and another=auggesti'on'; that I vas...
Mayor' Suarez': '' "Let" me --ask a question , aboutthat, swhy . bras- this ever allowed in
this area? Because of proximity to N.W. 7th Street, is that .why,",'or
historicalt'use or' -what?
Mr. Olmedillo Why was the... r
Mayor Suarers Why``did we ever.. allow " something like .-a television,,tower:; or
antenna:: and --'studio there? -,,-
Mr. Olmedillo: When the zoning change: was... t,r
Mayor Suarez: I's"ee, but I'm -looking -at the chart there of CR-2/7 zoning
it seems to go up all of a sudden.
Mr. Olmedillos Right, this was subject o£ a change, a in change which was
�.. issued by'Commission. r
Mayor Suarez: Was it a friend of somebody, is that...
Mr. Rodriguez: No, it just happens to be a request for zoning, that the.
Conn Ina ion" -'approves -a few g �
pp years ago. The land used to be straight be!®re
sss sort "of, and "then the request of zoning change included the area to,the,
;tap
and the Commission -'a " pproved the in zoning., Y
Mayor Suarez: And what was she prior usa,.prior:to it being used for l ttlo y'`u
studio?
i�
ltr Oltaedi'�losF RG-lJ3 duplex, duplex zoning. That urea the prior use; bey.; r�►
Mayor-, $uasem s No ; ,the use: the .use, " not .the zoning p the use. =What
Just an empty.,. x
Mr Olta4dilla: There were houses,: them were ho�s:leta these. r r ` ;,
7 : zw�1 ur
ki
gayosSµArez'R' Xou eee; now: I went, people to know io , ,hs p Sh1 boo t 'tt4�
soma^ y tit :" Qmabodlr. permitted" 'this . xohe . thst, Mould th rw a ;: ',.�
st�rei h a qss t e" +A pro
S +� s h beak of: l�.W." 1th. Street to have sn #sd+�tte�tst'rjjj����� d.
r ,
i
_
that which to me, looking at it right now, makes no sense, you know. And tb
get away from that CA-9/7 son ng that it presently has, we ought to be earstul
to sae -what. would be the ideal thing to locate there because under. the, month
they have, they"could do quite a few things, couldn't they that Me wouldn't
particularly.like in the.neighborhoodfi
Mr. Olmedillo: That'* right: That Man...
Mayor Suarez: Commercial...
t=
Mr. Olmedillo: You, that was performed in 1984.
Dr. Theede: Mayor Suarez.
Mayor Suarez: Dr. Theede.
Dr.' Theede: I'd like to swear myself in. I swear to tell the truth, the
whole truth... I was here... rF
A
Mayor Suarez: So help you God.
Dr. Theede: So help me God. I was here when all this Mont on. In.the
chamber I supported it. Originally, the television station wanted to build,a
beautiful new building, they came before the Commission, they presented .nice
thing. People were in agreement. The reason that they had that space in the
back is that they wanted to buffer and they vent to the people that war in
the neighborhood at the ,time and.said, We want to maintain friendship.:with �^
ou ive , ou ` y . ,ve want:tog y .protection. We don't want to bring any noise, into }
your neighborhood, therefore,, we offer as a peace keeping - these are, not
verbatim words -.a parking lot there to act as a buffer.between;,our,station t
and your,'neighborhood.: And as that stands now - it wasn't WOCN - but whatever Y
television station was there, they had planned to put in a beautiful building
and I don't think it ever got put there and as he told you, the duplex that is
now destroyed was part of their engineering equipment room. And all of that:,
was supposed to come down and all of it was supposed to be rebuilt and it
hadn't" -been done and that was the purpose of the change in zoning. �£r
Mayor Suarez: Thank you, Doctor.
Dr. Theede:... OK.
5�
Ma or Suarez: Anyone else? You air and then ma'am. Go ahead `•�^
y y . , , , you can
wait right:: up. there,andwe'll just, go ahead, air.
Mr. -Sanchez: Jose Sanchez. I live.for 20,years in ,this :area.. ,;I -no ;; Solid :,me,
this letter ,for check this `nothing. _tie no, like this business in. this, axes." ' r�
r- 4
It's trouble in this area for future forme. And...
Mayor Suarez: Is it a fairly...
Mr. Sanchez: I have many neighbor... 3.
Mayor Suarez: Let me ;
y just ask s question. Is it a fairly, stable residential
area back there behind... $,
Mr. Olaiedillo: It'is, air..
Mayor Suarez: I thought if was, OK.
r
_ Mrliurres; (Asked in. Spanish to Mr., Sanchez: if .he pzefarrpd tospeak la K6;
sp+iAiah).
4F., DFrei -�her ! s.: S0,
It,a or
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Mr: Sanchez, (translated by Mr. Cimedillo): I have lived there for 20 years
In the trot. I have taken care of my property. I believe that if a hundred
unit apartment building is brought to that, I shall have problems in my house
and all my neighbors feel the same way, surprised because such a large
community will be brought to this area. This is a residential area and I hive
paid taxes throughout 20 years as a residential area. I understand that this
_ is not appropriate for that particular place with such a large building. And
so think all my neighbors to whom I have spoken in the area. I did not
receive or I was not sent a letter of notice for this meeting. I found out
through a neighbor and this is all I have to say and I am opposed to this
building. Thank you.
Mayor Suarez: Yes, ma'am.
Mrs. Bennett: I'm Mrs. Bennett, I live at 1000 N.W. 25 Avenue and I've been
there 33 years. The building first on 7th Street was the Church of the
"
Nazarene, It was nice. Then it was the Welders Association and they moved to
LeJeune Road. That street is so busy I can't even get in with nothing there.
There's a school on 26th Avenue that has a sign that says, no left turn, and
do you know how many people turn there and there's not that much traffic as
there will be? You can't get out of that street. And llth Street is just.as
bad. I didn't know till Tuesday this was going to happen. I almost had a
heart attack that night and I'm ready to have right now. You people should
live there and see the traffiel These people just looking for their money,
they don't care, they ought to stay there. He said about the parking, when he
said about the parking at that building, you can't even get in and out of that,
street. Do you think these people care, all of you people that vote for
things should be made to live there a week to see what people have to go
'
through! I mean, I can't believe that they had the nerve to want to put a
hundred people in that placel I can't believe itl I can't believe I'm here
telling you this thing! This whole thing sucksl
(APPLAUSE)
= Mayor Suarez: Please, please.
(APPLAUSE)
4:
We or S „P
—
y uarez. lease, please, please, please. Let the record...
-
Mr. ,Plummer: Sir, whatever you say, ;
y,`you can't top that!
UNIDENTIFIED SPEAKER:'' You're going to believe it.
"
Mayor -Suarez: Let the record reflect that she meant that this whole thing`
stinks. All night, sir, very quickly. We have a pretty "good ' idea of what
r�
=
your objections are. But go ahead, quickly.
Mr. Guillermo Rosco: My name is Guillermo Rosco. I live at 1016 N,W. 25th
Avenue. When I bought this house two years ago, I come from New York: I
bought the house because it's a residential neighborhood and I don't see no
'buildings
big around and that's why I bought this house.` I have e, girl that
is 13 years old and if they put a building over here 100 units it's going
.to
be hell around -there. Especially if there is older. people. How are theys
,.
going to get to churches? There is only two churches around`there`and_the
Catholic Church is on Flagler and 30th Avenue.:`3o, if' they don't drive like
o
—
some people say'.that they won't be able to drive how are the
� y going to get. o
FK.
:
=
the Catholic Church? That's why I object to this building. And I got, this,
letter ust`yesterday about this meeting and they :aho'Id'have give `me tHisn
letter when they started doing this project and that's all I have to`,'saq about
this. Thank you.
Mayor Suarez: Thank you.
Ms.' Bennettx - You caa't''even'get across the street and they want'
Mayor Suarez:: You had enough to say last time. around. Please.. I have to
`rP
every, Sun day,'I have to 'make a decision an. attending a Catholic .Church butt
usually, don't make decisions in zoning cases based on whether leopie get';
to,_'aaq
a Catholic"Church, but I otherwise understand your point,
440.
o ndin
7 \'
a
Mr. Jose pats Good evening. My name is Jose Paz and I reside at 920 N.V.
25th Avenue for approximately 19 years. At you can see, Mr. Mayor, this is
Mhat I would call like it &rasa roots effort here. The majority of the
residents In the area are vehemently opposed to toning that or approving 100
unit apartment building. We would like to see the area or the existing
building that &buts directly on N.W. 7th Street if there is any way they can
either renovate it or keep that as a commercial, but the lots that were back
in 1084 that were - excuse roe, I'm a little bit nervous...
Mayor Suarez: You're doing well.
Mr. Pass ... back in 1984 the ones that they were proposing to build a
parking lot, I believe that I speak for the majority of the residents, that we
would like to see that area rezoned residential and regarding the need of the
community, I do agree that there is need for a housing for the elderly but I
- don't agree that this community, my neighborhood, needs such a apartment
building and for the record, I would like to say if there's any way possible
that the City of Miami Public Works or, excuse me, Code Enforcement
Department, if there's such a thing, can take a look at the existing building,
— th diti it' i d 1 th Cit arkwa the amount of
e con on s n an a so a Burr u g q p q,
trash that's been accumulating there for quite some time. During the
Christmas Channel 23 or who ever is the owner of that building has a toy drive ol
for the underprivileged children which I'm in agreement of. However, they
tend to - a lot of people do go there to pick up the toys and there's been a
lot of trash that it never seems to be picked up. But, again, as you can see,
_
the majority of the people are against for a 100 unit apartment building
there. Thank you.
Mayor Suarez: Thank you for your statement.
Mr. De Yurre: Mr. Mayor, I'm ready to make a motion.
Mayor Suarez: Do you want to say anything before the Vice Mayor makes his
motion?
Mr.'O'Donnells' Just a couple of points of clarification, if, I could. First,
the zoning that's tied to that covenant is on the top two lots, that is the
_.
last 50 feet. It is not the entire area that comes off of - that juts. in;
_
there. And that's what we're addressing tonight, just the last 50 feet. Our
plan, by just moving the building one way or the other, in fact, we,'ve z
_.
discussed it with the Planning Department, would
g p , place .the same type of
parking and' landscape buffering and wall within that 50 feet. In fact,.'
another ten feet from that. So that particular use would remain the same and r
—.
s
would be 'limited because this would be an elderly apartment. - Finally,•with. �
the commercial - potential commercial uses of the remainder of that, area that
are under' the present zoning and also under the present neighborhood, plan, I.
think the traffic impacts and the adverse impacts on the neighborhood that -
S
would be much worse than what we're proposing. We think that this is a good
location for a much needed community facility. We think it will be served by
,
being -close to commercial and we think that we will adequately 'buffor it so
that' It's far preferable than any other alternative redevelopment of the
property. And we would urge you to at least give us the opportunity to K
present our plans at public hearing to the Zoning Board to. work with the;
community on these plans and perhaps have something that will be ultimately
acceptable to everyone. So tonight I'm just asking if you would release the =
last two lots there, the last 50 feet so that we can go forward. with; the
public hearing on'our zoning application. `Thank you very much.;
—
Mayor,Suarers Guillermo, just for my - I'm pretty sure how I'm going to:vote
on this -' but,'to be 'absolutely sure, where can you draw on the map there flu .'`. : w
—
the overhead where the entire property is that they would intend,.to build �
this; -'`1 -mean, I know where the 50 feet are but where would -they ,intend to `
�
build this thing?
-i
Mr. Oledillos The property comes down to 'about here and , it extends iAto the h
��
50 feet that`are crosshatched. �f4�
Mayor Suareti So x
y it would never reach N:W, 7th? s�
�
jR
• Oimedillos No.
Mayor Suarezi in fact, what is there right at the frontage of N V 7th?j
147
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Mr. Olmdillo: As I remember, there's a construction there, that was the old
church, there's a two story building there.
INAUbtSIX COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: You know, you're not really helping your case, to tell you the
truth, because the way that ve.'re going right now, I can tell you, -for myself,
there's not a snowball's chance in hell I would tote for this, but I want to
be absolutely sure that the reasons why I'm doing that and, you know, if you .
talk out of turn and so on, after we gave you an opportunity to speak and you
put some rather lively statements into the record.
Mr. Do Turret How many stories are we talking about the construction?
Mr. O'Donnell: The number of stories is 5 stories, 45 feet height limitation.
The adjoining residential district hag a 35 feet height restriction.
Mayor Suarez: How do you fit 5 stories into 45 feet? Going underground
partly, or something?
Mr. O'Donnell: No, these... would you like to - I can bring Jerry Salmon, our
architect, to explain..
Mayor Suarez: I don't have any doubt that Gerardo could probably do it, but
that's quite creative. I've seen five stories in 45 feet one time but part of a
the .first story, underground, right?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Turret Mr. Mayor...
Mayor Suarez: You can do it in 9 feet per story?
UNIDENTIFIED SPEAKER: ... eight feet plus six inches of slab, eight six.
Mr...De_:Yurre: Yes. But there's no...
Mayor Suarez: I -have a couple of pretty tall brothers that would barely fit u;
Mr. De Turret Then there's no roof. {
Mr. O'.Doanell,: With respect to traffic, seriously, this isn't for the:
elderly, it's not family housing, it's not low income family housing, it` is t
for people over 60 years old who are independent, some will have cars, many, {>
will have cars. But the traffic generation of this facility is far less than
a,, commercial use would be on that property. 1
Mr. _De Turret Mr. Mayor,.I'd like to make a motion. First of all, I have a
problem with getting into - so far into the residential area with a. 51 story
building. I have a problem with that. Secondly, I think it's going to be a
problem with the building as far as the parking is concerned because even
though :you're going, to have elderly people there ' p , you're going to have a lot r,.
of visitors visiting, their children, their grand children and soon and''so T`
forth,,and:where are they going to park because there's not going to be,enough '
parking in the area. You're going to start intruding into the neighborhood. r
So, for that reason I move to den this J`
— . y .petition.
by
Mayor Suarez: So moved.
Mrs. Kennedy: Second.;
(V StiL�.Y
Mayor Suarezt Seconded. Let me say I'm going to vote: with ,the motion.
strongly recommend that you most with them, with the .owners;: if ;they�xe f RX's I
interested is doing something also that would. b4' acceptably becausse
IN now zoned, if him not incorrect, for comm'eircial and you ,may bet; able to,
something that they could put there, sat `a 140 unit multi family► elderly
residential facility, but something else that would be accepfable 'to ` tk►e t; �`
neighborhood sad might .concelvabl r� B g y be more sace�tabi4 to the owt�Are�, s ;r '
Otherviee, .they'r¢ liable to put anyth4ng ccnpmerciai :chore,: sigh? Th4l��rRg�y�:.
put.
�4 If Sy? j �yWL d'
� � A
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}
Mr. Olmedillot Yes, sir.
Mr: Rbdrigueat And rasidential tob.
Mayor 8u1►tost So, anyhowrt that damage, I think,
was done way to the past and
we're trying to avoid it being worse for your
neighborhood. We have a motion
and a second. Any further discussion? Call
the roll.
The following motion vas introduced by
Commissioner De Yurre, who moved
Its adoption:;
MOTION NO. 89-301
A .MOTION TO DENY RELEASE OF
THE DECLARATION OF a
RESTRICTIVE COVENANT RUNNING WITH
THE LAND FOR THE
PROPERTY OWNED BY UNIVISION STATION GROUP, INC. AND
LOCATED AT APPROXIMATELY 740-742
N.W. 25TH AVENUE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
—
Commissioner Rosario Kennedy
-
Commissioner Miller Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
-
NOES: None.
Uzi
ABSENT: None.
�r
a
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: What's the motion?
Y
Mo. Hirai: To deny it, sir.
4 ,: 4,
Mayor Suarez: To deny.
5 S.
i
Mr. Rodriguez: Deny.
Mr: Plummer: Yes.
}
Ms. Hirai:, The vote's yes?
(APPLAUSE)
�;.
Mrs. Kennedy: We haven't finished roll call.
Yes. t
�
COMMENTS FOLLOWING ROLL CALL:
Mr. O'Donnell: Thank you very much.
'
Mayor Suarez: Thank you. Thank everybody you want.£
(APPLAUSE).
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7
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'
49
46. A. (Continued Discussion) Grant previously approved Development Order
for Miami Center I.Project (a/k/a Sall Point Project) (a DRI) delete
condition's regarding upper level pedestrian connection, etc.
S� Accept voluntarily proffered contribution from applicant in the
amount of $100,000._(See labels 44 and 60).
Jeffrey Bercow, Esq.: Mr. Mayor, I was informed that I had not completed my
presentation before we deferred. I could like to have Mr. Peter Fernandez, f°
our transportation consultant, to say just a few wordsabout the lack of
regional impacts. I want to make the record complete. It'll take 30 seconds
and...
+i
Mayor Suarez: Make it quick, Jeff, please.-
.
Mr. Bercows ... we'll get back and make our offer, our voluntary offer. {
Mr. Plummer: Excuse me, is there not a motion on the floor for deferment? "g
Mr. Dawkins: Yes,,it is.
Mayor Suarez: No, I tabled, I tabled.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
- Mayor Suarez:, Right, I tabled it.
_ Mr. Plummer: It was tabled?
Mayor Suarez.: Yes.
Ms. Hirai: But, Mr. May... -
Mr. Plummer: Oh, so...
Mr. De Yurre: But, but...
Mayor Suarez: So we never voted on the motion to defer it. I tabled_>the item 4
and we're $till back... ,
Mr. De Yurre: But.I think,that we have to ;hear ,the motion to defer if'we're ter:
going to listen to anything else.
Ms, Hirai: . Commissioner..'
e Mayor Suarez: Or unless, I thought they withdrew the motion to defer.
Me. Hirai:..Commissioner Dawkins withdrew his second of the motion. y'
r11
Mayor Suarezt Right. Y
r,t
� tt
Mt.Dawkins' Did J.L. withdrew the motion?
Mr't Plummets. Excuse me?
Mayor Suarez: Well,. you withdrew the second, so it had no second.
Mr: Dawkins: .. withdrew the' motion?
i7 7 Mire Cp:mniseloner, you had made a;motion to ,de€ez and'Commissioar k
�4wkins tv WOW hi$ second. of . tha motion �` `� �x
ZI
n i
Hr; Dawkins: No, I didn't- I say I withdraw, if he withdraw.,his motion,
} Y�
Mr: Da Yu,", rre:` I think`thera's a motion but we tabled it for A5 iniauta ,
Plu:masr: Ysa; well'; .they got to speak tips the' motion:is`haCy Blloht►'f� r;
>
+. 1 �. - Y [ r i jy. t �a 12 �i y ;• z � � si t. h � .yY r. t z � > � —
y r �. f
f F
-: Mayor buarea: v 0va got a lot` of work to do, would You ►'.
letV TA
'...
Mr. Bercowt I have a half minute..,
MayonPuafteat The item was tabled, the motion was not acted on, there_ is no
motion before us, the second was withdrawn, I understood that there...
Mr. Dawkinet If he's going to discuss it, then let's defer it and wait until {
the h6ftt time. If we're going to vote, Mr. Mayor, let's vote like...
Mayor guares: He's going to put into the record a 30-second statement by his
expert on... r
Mr. Plummer: That's fine, let him proceed. r
Mr. Dawkins: OK.
Mr. Bercowt And I will give Mr. Fernandez' credentials to the clerk.]
Mr. Plummer: For $250#000,,he should get something.
Mr. 'Peter'Fernandezt I guess I need to be sworn.
AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE N0:
105111TO THOSE PERSONS'GIVING TESTIMONY ON THIS ISSUE. ,=
Mr. Fernandez: Peter. Fernandez, Barton Ashman Associates, with offices in
North Miami Beach.?
�K
Mr. Plummer: 'North Miami Beach?
Mr. Fernandez:' Yes. We're still in Dade County though.
Mr. Plummer: But "you 're not in the.City_of`;Miami.
Mr. Fernandez:. No,.but I was,born in the City of Miami, I love this place .and
Yrt
- L°wish we could 6e down here.
Mi. Plummer:, But'you left: ;
Mr Fernandez. Not bq choice; Comroissioner. Not by choice.
fire Plumm-re You''didn't think enough of it to stay. E
Mr. Fernandez:` Well, I've been lobbying my principal fora long time to move
back down here. � b
Mayor Suarez: Proceed. ,
Mr. Plummer: See; they bring in people from�out of town to `testify:;
r
Mr. Fernandez: We conducted the traffic study for the original appiicat,ion, ,
We looked at ' it again when we were called back in by Mr. Beraor 'wad "to' `corifiria
that .the 'pedestrian bridge. was strictly an after thought to enhance the
s fe
project and it had nothing to do with the traffic impacts. of the study.'' $o,wu
removal' of the' bridge 'will not' adversely affect the traffic around they
_. project. _
llaygr 3uarest Thank you for' your' atatament.'
3 N
lr, Plummer: Welk the. wait a minute; theylike: side"Qf that cbfa Do le r, u t ..
thats Ypu'vA te`atified to; halt `o# it What �adverRe3 itas'4i�
pedestrian bridge `.haves "If ` they comply with Mli t they w iluptar i r ;R 1
d0? s' FF 3
--
Mr 1terAagdeai at}agveroe'impacts? -
Mr' lwamert ���i �►Q� slid }.bore �a n0"detr�At: e'� Xd�w �i:� ri -
at s i b:r x i sly aa's g.5�� YA
w Jb ks.}y
�A:' AAd :i ;a ri l;o q bd . yre lu al t.�'an pc V t 0 �I �x � ,fit # t Lai Y R�
w'
g�ut►bea�'����ff
��oad the
r�
• i
in other words, when the study eras completed, it was done without the bridge.
96 the traffic impacts Mere looked at without it. The bridge was simply a way
of enhancing the project.
Mr. Plun"rI But it would not adversely affect traffic, a bridge there
because of the span.
Mr. lrernandett: tio, it..: -
Mr. Plummert OK, that's what I thought.
Mr. Fernandez: Yes, OK.
Mr. Bercow: Mr. Mayor, Commissioner, Commission...
Mayor Suarazi Wait, we need to rebut very quickly just for the record the
expert testimony we just heard. Jim. McKay$ we disagree as to what he just
stated and if so, why?
Mr. Jim'Kayt We agree.
Mayor Suarezi Well, you and your City Attorney have to get your act together,
but, OK, the record now says we do agree.
Mr. Bercow: Mr. Mayor, Commission members, for the record, we on further
reflection,would like to proffer a voluntary contribution to the City of
$200,000. We do not have any more to proffer...
Mr. Plummer: You're almost...
Mr., Bercows'" . but we would like to proffer this amount...
Mr.''Plummer,: Almost' there.
Mr. 8ereows `'..'to the'City.for'the City Commission members to do as they see'
fit while we would like to see it directed to the Bayfront Park...
Mr. Plummer: They're almost there.
Mr. Bercow: and the neighborhood parks, we would just>ask •that.,. -.the, ?;
Commission= dater:cine,-' within their own discretion- ow -these funds . are to,:be rN
spent:and it's a'voluntary contribution on our part.:
Mayor Suarez: Thank you, Jeff..
Mr. Plummer:' Mr. Mayor, aside..."
. Mayor Suarez: Warm my heart.
Mr Plummer:"" ... aside from the problem that we're talking about, I 'watnt. to
bring a' -problem to the record. I've so indicated and I can't speak, for:the
rest of my`coileagues,� but :I would ask the owners and operators of 'that ;*
facility and I plan on doing it to all, that when we are called upon to'''go
flown 'there' to' `bring 'greetings of the, City of Miami or `make 'a -any; • kind 'of
presentation...
Mayor Suarez: Which is
y quite often.
Mr. Plummer:. ... f think it is which is' very often and more. so sow that ry
NV
their occupancy rate is `up, I` think lit' 'yid absolutely` wrom& that<we'haveT to pair ! T=
!or, psrkiag, i would as consideration that "a' designated area_. b4
aside so that` when Commissiaaers, "whether .City or County, go down there tit$ i.
they' nave a place to "park because %we no mad iy are`': runn. ng''.in� and li rusR AS,
�So., i would ask':that consideration if You want to have elected,4g'iR�4�► r�f�1r �c4gt�inue`to` come
Ms:: Barcows�tiring'`-it back i'o my client: z
MA,�►�c i5urezi ; And °if you dda't want us'>`tp '1Qpk at-tgaxpi ps�sl$,�p
that "Nrea, Including the aria where taxicabs
pro.
n► PBr±Fin6},K lct;+ a r`
# R>rnsrwl,si { be A #FAat p sae tQr us to 'ps1�,::'f4r ' l$ Rr �0 mll►tpA
thsra; f You, M� .104' ° w-0a�: tAn', &a �s donp beRauss thor*RR
r s 2t,i3ryy F, _
a �
S
Mr. gareov:, Ne wouldn't want that to happen.
Mayor 'SuAraa: ....or let alone limousines that are parked allover the plats
4ovn:there.
Mr. hercowt I also want it to be clear for the record that with respect- to
Roberto bugle Marx, we are now proposing that our obligations be aa.they+ are
esat forth in the Class C permits and not in the application.
Mr. Plummer: Two hundred .and fifty thousand, I think that's agreeable.
Mr. Bercowt, I think it was two hundred thousand was our offer.
Mrs. Kennedyt Well, I was the one that suggested two fifty. It is agreeable
to...
Mr. Plummere I1.11 second the ,motion:`
Mrs. Kennedy: It is:agreeable.
Mayor._Suarez: OKi I'll entertain a motion on the matter itself.
Mrs.�,Kennedyt So I move to delete... right.
Mr. De;Yurre: What_lo agreeable?
Mrs. Kennedy: To delete the pedestrian... ?;
Joel Maxwell, Esq.: Mr. Mayor, let the record be clear on when the money`
wouldbe
given to the City..
would ' .
!layor;.Suarez : When ;that .proffer be effective: is, far as the.. _
Mr. Sergio Rodriguez: Right away.
Mr. Plummer: They've already said, the Commission will have.X`number.to;.
Mr. Bercow: Within seven working days? Is that acceptable?:.. `4
Mr: Plummer: Yesterday. • t.. , ,;
C C d 5nt (i
•' r
�L
Mayor Suarez: Sure. �.
Mrs: Kennedy: <.That's fine. So,moved.
Mr, De Yurre: How much are -we -
talking about _ t
Mayor Suarez: We, have .:a motion then• on the., waiver.of the requirement of ..the { V
overhead, right? x
Mr, De Yurre: Two or two fifty, what's the word?
Mr. Plummer: Well, I'm talking two fifty, they're talking two hundred._
_ n,
Mr...,;De Yurre: Well, what's the motion?
cis. c;$lwq�agr: The
�tion, is twP .hundred.
Mayor Suarez: The motion is not related .to the amount. The amount
voluntary proffer. :The -motion is,.related to, the,,waiver;of"the...
z ii eF
tir,;'De,,�cuVret Cortstnl.y -but I..got to��underate d=-.the'; total $gicture�hetre,
rr, :�Plt4act •,�ht.�� trap.
;
Mre R, os sdy: o, d¢letp : t#as ,.uFp4r :`pe ee: xiar►. , , aF r� 4 r r � :.
t
pxof f ar. l 4�aderstdnd, but ha made ; at,% ement ja the reoor�4 + w�tb4 },t
y t:t.f Y , X
a=". DeFSGM: oAts proffer- ie� ally fQr two`.httAdrlf¢.
i
Mr. be Turret OIL. Nov, t would like to see It we could just take that to
how thit'Wre talking about the two hundred - if we could gust split it upo
oath- Commissioner into $40,000 for whatever purpose they see fit :for city
business.
Mrs. Kennedy: What's fine with me.
- Mr. be Yurre: OK.
Mr. Plummer: Fifty thousand would sound better.
Mr. De Yurree OK, Second.
Mayor.Suareze Moved and seconded. Do you incorporate that into the motion to
waive the requirement for the overhead connector?
Mr. Plummer: Hell, that's all we'r`e really talking about because they've
already -agreed to limit back that Burle Marx which they're obligated to do. and
they will do -eventually.
Mr. De Yurre: Yes.
Mr. Bercov: Correct.
Mr. Plummer: But they will not do any more than what they're obligated which
In what they should.be:responsible for.
Mayor Suarez: OK._ What's the proper motion? Do we have it now before us?'
Mr. Rodriguez: Yes :I understand correctl 6 , y,.there will :be then:.an allocation -..
of a total of '$200,000 to be proffered in seven days and;:the.amount will be
assigned to 'different City: projects by _a different... by Ahe Commission'
individually ata rate.of forty thousand by Commissioner.'
Mr. De Yurre:, Forty -thousand.
Mayor Suarez::-' Right.
Mr. De Yurree. What .I'm.saying: :by City projects, it=.may..:be Ghat there's :an
<<
event that we might' want ; to'. -.buy 'some 'tickets for `. the community: and we :have
like a pot that ire, can use:, for". that. OK.
^i P
1 k�
Mr. Rodriguez: ,•.What I' meant by -than was, this will -be clear,_an the record r ;
that was not:by the: Commissioners, buti-it.was for:City,projects. rx
Mr. De Yurre: Sure. Things that... community, community projects,
e Mayor Suarez:- Cannot be.pockeeted by any Commissioner.
Mr. Rodriguez: Community projects, commmunity"related projects..
Mr. De Yurre: OK:`:
xi r'
Mr. Bercow: I think the motion needs to day that you .accept `the voluntary <�
proffer.
Mayor.,Suarez: ': Thank you, counselor, we' -accept the voluntary,,.groffexr�as partP�`
Mr. Lf
Plummer: :We'd have to work eight: years to get that.
mayor Suarez:: .. which item is it that we're actually acting oni Joe? h ut
,x Kr a
'Mr, : Haxw¢11:mot Lou to 'amend the developmept order, is ir.
Mayor Suareii,_%, zMd + i s contained 1n PZ what?
YI ai
Mar.', ROdr sue c: T1/elI s *
bs.'-lRaKwe�lsV4
r
1P
.n
Mayon tuarw Motion understood. Call the roll.
Mr. Da kinat Linder discussion. Did I hear you say that $400000 Vill be set
aside for each Commissioner to do with parks or whatever they want to?
Mr. P1ummers Designated... but the only stipulation was it had to be a City
oroj6et. Community project.
Mr. RodriSuest City or community project.
Mr. Dawkins: Community project within the City of Miami.
1
Mayor'Suares: I would think... I would hope....
Mr. Plummers I Mould sure hope so.
_ a
Mr. Dawkinst OK, thank you. No problem, all right. No further questions.
Mayor Suarezt 'I feel sorry for the Commissioner that figures out a way to
spend the $40,000 for a non City of Miami community project. Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoptions
RESOLUTION NO. 89-302
A RESOLUTION, WITH ATTACHMENTS, AMENDING A PREVIOUSLY
— APPROVEDDEVELOPMENT ORDER (RESOLUTION 79-396; MAY 24,
1979, AS AMENDED, -ATTACHED) FOR THE MIAMI CENTER I
PROJECT (A/K/A BALL POINT PROJECT) LOCATED AT
APPROXIMATELY 100 CHOPIN PLAZA, 'A' DEVELOPMENT OF
REGIONAL IMPACT, PURSUANT TO SECTION 380.06, FLA.
STAT. (SUPP. 1988); BY DELETING CONDITION 5 OF SAID
DEVELOPMENT ORDER PERTAINING TO AN UPPER LEVEL
PEDESTRIAN "CONNECTION; FINDING, -AND' CONFIRMING THAT
SAID CHANGE DOES NOT CONSTITUTE A SUBSTANTIAL $
DEVIATION PURSUANT TO SECTION 380.06, FLA. STAT.
(SUPP. 1988); THAT SAID CHANGE: ONLY :T0`.THE
NORTHERLY 5.45 ACRES OF DEVELOPED PROPERTY''AND THAT
THESE CHANGES' ARE :' NOT : -PART!OF = THE "DOWNTOWN MIAMI
-DEVELOPMENT OF'' REGIONAL IMPACT DEVELOPMENT '.ORDERS
'=(RESOLUTIONS 87-1148 AND 1140; DECEMBER:10, 1987),�AND ;YK
INCORPORATING 'SAID FINDINGS AND CONCLUSIONS OF LAW; t
DIRECTING- THE CITY CLERK TO SEND COPIES OF. THIS r
RESOLUTION TO AFFECTED'AGENCIES AND THE DEVELOPER; AND P
CONTAINING AN EFFECTIVE DATE.
.(Here follows body of resolution, omitted herw end on
file in the Off ice of the City ' Clerk. )
INS
MOTION NO. 89-302.1
A MOTION OF THE CITY COMMISSION OFFICIALLY ACCEPTING A
$200,000 VOLUNTARY CONTRIBUTION FROM REPRESENTATIVES, ;sT
OF THE MIAMI CENTER I PROJECT (A/K/A BALL POINT) TO BEF
USED TO ASSIST CITY COMMUNITY PROJECTS.'
Upon being seconded by Commissioner De Yurre, the resolutioe was peened �JL
�
and ado ted b p '° y the `= fo1'lowing vote c ;'{.. _ •.. 3 �' '
s �
AYES: Commissioner J. L. Plummer, Jr.
Commisslomez;Rosario Kennedy
Cosamissioxser Miller .Dawkins r
♦ �p
Vice $y`or Victor De .:Y
9urre'-'
Mayor` .Xavier L. Suarez^ a
NOXSs None.
A3S1Wq t _ None • 1 b
� $�1. NAPE _ �1MM i =
URING ROLL C r:
i ! -S x x tk
t V. r-
`S
_ 1
Mrs PluaMte They said that they mere going to entertain the parking space►.
Mayor Suares: Yes...
Mr. Plummer: trot all Commissioners.
Mr. Bercovi I will bring it back...
Mayor Suarese Let's do another motion for two hundred to be divided by four
now and leave him out.
Mr. Plummere Wait a minute, wait a minute, wait a minute. You're going to
entertain the parking space for Commissioners.
Mr. Bercow: 'I will bring it to the operators of the hotel, yes.
Mr. Plummer: 1111 vote yes.
COMMENTS MADE 1rOLL0WING ROLL CALL:
Mr. Maxwell: Mr. Mayor, could the record reflect...
Mayor Suarez: 1,. frankly hope that maybe the City Manager and so on come up
with a project that maybe encompasses all of this money and maybe have more
Impact but I Buess`we're not going to win that battle. Yes.
Mr. Maxwell:, Earlier there was some discussion about language concerning the
northern versus southern portion. Could the record reflect that that language
will be incorporated. You recall that discussion?
Mayor Suarez: I recall being here for that discussion.
Mr. Plummer: Yes. ;.
Mr. Maxwell: OK.The motion on the floor should incorporate that language as
well..
Mayor Suarez: OK. So incorporated. Thank you. E
Mr Plusseer: "`: "Jeff; I``want ` to% remind you that when you . think : about that.t=
parking space for the Commissioners I'll see t;
you at . the .South • Flozi"da
Regional Planning'Council:
Mr. `Bercow: ''Yes; "sir; ,
47. AMEND MIAMI CENTER I PROJECT (a/k/a Ball Point Project) (a DRI) -make
findings - authorize execution of partial release of covenant, at 1200 i-
S: Biscayne Blvd. & 100 Chopin Plaza).
Jaffrey Bercow, .Esq..:; There's a companion item as well _that ;needs; to:be
gotten out of the way.
■ Mayor Suarez:; I .il entertain a m to,w
�1
�. ' otion=on-PZ=t9.
Joe McManus: Mr. Ma or,' could we also haverthat'similarAlan u{r3 z 3
Mr. r.
Y g age -added to
Mayor Suarez: Absolutely.
Mr... McMaaus I ... .
differentiating between the northern,aad ;southerm port �pe3
ot•the 'propext�
Mayor '-ftA ror.1 . With `that,- diffareatiatIon �buIIt l�ntp the l,s�tg�gge'y
entertain AIOtiQA On PT,=19, a companion item, . eompanio item t�aeh do ,M4 �z
•pl it oa �-:this `one?, , - ,.:=, > ; � ; > � �
lit.Flumeaert ur to much., Nhat' la oroffl 'f� F
µ k y `P fpr on this �tojj w
_ ZFyd �?"��y'Fit y�Il
r t f 1mt 11
_S
1
Mayor Suarett I'll entertain a motion. We have a few items left and we have
_
an hour anti twernty minutes.
Mr. plunimert So move, Mr. Mayor4
Mayor Suares: Thank you. Call the roll.
Mr. Plummert. Only because Jeff did such a nice job.
The following resolution was introduced by Commissioner Plummer, who
Y
moved its adoptions
- RESOLUTION No. 89-303
'-
A RESOLUTION, WITH ATTACHMENTS, RELATING TO THE MIAMI
CENTER I (A/K/A BALL POINT) DEVELOPMENT OF REGIONAL
IMPACT; MAKING FINDINGS; ATTESTING TO FINDINGS,
_ AUTHORIZING. AND DIRECTING4'THE CITY MANAGER TO EXECUTE
A PARTIAL RELEASE OF COVENANT, SUBSTANTIALLY IN THE
FORM ATTACHED, UPON THE CITY MANAGER'S VERIFICATION,
AND SUBJECT TO THE APPROVAL OF THE LAW DEPARTMENT, BY
WHICH CITY NATIONAL BANK OF FLORIDA (FKA: CITY
NATIONAL BANK OF MIAMI) AS TRUSTEE UNDER LAND TRUST
5008793 REMAINS OBLIGATED TO CERTAIN CONDITIONS
CONTAINED IN A COVENANT DATED FEBRUARY 7, 1986
(OFFICIAL RECORDS BOOK 12786,.PAGE 658, P.R.D.C.),
BUT, HAS.SATISFIED AND IS RELEASED FROM CERTAIN OTHER
OBLIGATIONS. PERTAINING TOt OVERHEAD PEDESTRIAN
-
CONNECTION ACROSS, BISCAYNE.BOULEVARD; CHOPIN PLAZA
IMPROVEMENT: BAYWALK IMPROVEMENT AT HOTEL INTER-
CONTINENTAL, AND , SMOKE: EVACUATION SYSTEM;: AND,
SPECIFICALLY,,RETAINING THE REMAINING OBLIGATION FOR .A
TRAFFIC SIGNAL AT BISCAYNE BOULEVARD; AND ,SOB. ;3RD
y
STREET.
(Here ;follows body of resolution, omitted here and on
file.in.the Office of the City Clerk.)}
Upon bein seconded b Commissioner De:Yurre the.re,solution was,, assed
B., y. , P
w:
and adopted,.bq .the,: following vote.:
AYES: Commissioner J. L. Plummer, Jr.'
Cr, issioner.Rosario Kennedy
Commissioner Miller Dawkins
Vice Magor:Victor De Yurre
r
_
— Mayor Xavier L. Suarez
L.s
NOESt None.
ABSENT: None.
- fiz
Mr. Bercov: Thank you very much.
46. (Continued discussion) FIRST READING ORDINANCES Zoning atlas amendment„
`^
0., regarding property located at approximately 6500-6598 W. Flagler.,St,
from RG-3/5 to CR-2/7 (Applicantss Peter and Antonia Olivera, Noxtpan
�u
Rodriguez; Julio Moderos and Royal Flagler Condominium) (See label 43)..
�
MayorSuarez: PZ... had we skipped, one before?
Y
Mr, Sergio Rodriguez: PZ-11 I believe you:..
y'
Mayor Suarez;: PZ-11, what via the basis ofpassing over that Item,
Mr. Guillermo Olmedillo:' You tabled that too.`
Dspfd Pena,. Esq.: Too, they tabled the item. Could I xeadd nsa
and be sworn in ?
.pow.
j.
��
p ? ✓ a :tL 'fr .f}xv �7t'�44�.�.-�s�_� _ -
xAl
!•F
49. GRANT,.APPEAL AND REVERSE ZONING BOARD'S DECISION to allow waiver of a
required 6 foot high well - at approximately 2606 and 2612 S.W. 28th
Street (Applicant: Leonard A. Ralby).
Mayor.Suarez: PZ-16. ;r
Mr. Guillermo Olmedilloe PZ-16 is an appeal by an objector of the decisions of
the zoning board to issue a variance for property located at 2606 and 2612 x
S.W. 28th Street. As it is customary, we hear from the appellant first and
.then we give our presentation.
Mr. Plummer: Anybody wishing to testify in this matter will have to be sworn. -
Mayor Suarez: Swear Mr. Fitzsimmons and anyone else that...
' `14
AT THIS -POINT, THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE No.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.
Bob Fitzsimmons, Esq.: My name is Bob Fitzsimmons. I live at 2512 Abaco
Avenue. I'm here representing Coconut Grove Park Homeowners Association, z'
appealing a decision of the; Zoning Board. to allow a developer to, get: around
the,, requirement ..that he build a six foot wall between an RO district- and a
t-
— residential district. The history of this is, this particular individual owns
the lots - I think it's 3 and 4 and 5 and 6. He was in here a little over a v'
year ago asking to rezone lots 3 and 4 from a strictly residential. use to:. a
residential office use. At that time he tendered a voluntary covenant
pursuant to which he would build a five foot masonry wall, apparently not:
realizing that -.the Code.required a six foot masonry wall anyway..,. Now.,he comes` `
in asking for a variance under the Code, and if we go thorough the terms of ,
the Code, one: of the provisions is that he can't be a self-imposed hardship,` '
and he has to most all. of these requirements, not ,just. some of them, all" of x
them and the one requirement is it can't be self-imposed. Here is a gentlemen
that.came_in, heaskedfor the rezoning from residential to office. He created
the need for the wall. In doing that, he even offered to build the wall.
came through the whole process and he had'the covenant lifted at one time.:when 1
we weren't represented, but the Planning Department recommends against it He
can't, meet that .standard. There are no. circumstances or facts, peculiar to,,the
t�,..
land that would.preclude him from doing this. ,;He's given a lot, o#;;argumentm t
that. there .is foliage .and everything in there.,that-will _protect that. uThe �r
foliage can remain, he can build a -wall. There's:: -a chain,•link,eace.,there'"now, -
The.residents_want a wall built-in between. At:..the Zoning Board. level, these', '.
_ is a lot. of discussion,: how ,the wall is not needed and all,, _trying to shift the Y
burdeafrom the developer to .the residents to prove.why.a wall.is needed,, p-
wall is. needed because, the Code requires .it. The City: drafted the• Code,;; the sF
s� City.ha• a;Code in effect. It's not our burden to. prove that -the ;C
ode ,must•,be
enforced., He has to .demonstrate under Article 31 •why, it.ahould,; not_.,b�e.,
enforced. There are just brief conditions. What special, conditions
circumstances. exist? - none. It isthe- same as .:anyv►here;else, there-:,..iaa
nothing different.
4.
f 1
1
rt � St
{ _
f `• t•.'� ` } -" �£c xk.�,.� � x+��°�'+;$��•�+1 + +Atzi
*,gnu
.t ^-'f �i L ;{ }k<<:.! � . r � - E `✓ '`�. t;�7} L.,c 'iaa�r'
'�i1Q.
dR x
}i
Mayor buarest Do you think it meets any of the criteria?
Mr: Fittsiatbast It doesn't meet any of the criteria.
Mr► riumert Let the ask a question, It I may, of the Department.. If in feet
the Code requires that he must build a six foot wall, how is he even here for
a variance if it is rwquirad?
Mr. Olmedillot It's required, but this is a subject of a variance. You may
vary from the ordinance, you may relax certain restrictions of the ordinance.
Me, Plumeert Oh In other words the application before us is proper?
Mr. Olmedillo: It is.
Mr. Plummer:` This Commission hae'within its right to change that.
Mr. Olmedillo: 'That"is correct. `
Mr. Plummer: Oh, OK.
Mr bltnedIIlot It was already issued by the Zoning Board and it has been
appealed by an objector.`
Mr. Plummer: I understand, OK. Just wondered, because with his terminology,
It was my understanding that the six foot was it, that was it, no less, no
more:.
Mr. Fitzsimmons: According to the Code, the Code requires in between an RO >_
district and RG'district.
Mr. Plummer: OK, but we can, we the Commission can vary from the Code.
Mr. Fitzsimmons: If it meets the requirements of the Code, and we are here
saying that 4t doesn't meet" the requirements 'of the Code.
Mayor. Suarez: Can we hear from the property owner?' a,
Mr': Plummer: Wait a minute you've gototherobjectors: -• ,
Mr. Jerry Stankevich: My name is Jerry Stankevich, I live at'.2505 SW 28th
Street. I agree- with everything Mr: Fitzsimmons - said' :and I'd-"
something else: in a more comprehensive picture of what -is going on. at -.`that
corner",'>'there- is quite a few lots of property being accumulated. by .one
developer. There is a large triangle being developed on the other side:oi
Vth_`Avenue :. excuse me,' there is a triangular plot of property on the other M<
NEI side of 27th Avenue. Five years from now, I can see, if you keep making`.it-
001
easiei and`easier,for, people developing commercial property, what is going to _
happen to the residential appeal of the neighborhood? Because right now there
® li�another issue that we hope to get to' tonight, number 19, which .deals 'with
traffic flow. If we keep making it easier and easier and lose expensive`.#or r'`1
these people to develop, it is going to bring more and more traffic and that's.
going to make the traffic issue even more difficult to deal with,'. so=;I'm"
opposed as well. I'm speaking for myself and not the other neighbors on the
street at this point.
Mr 'Fitzsimmons: While -the other speakers; are 'coming up,; just heard
clarification `on the 'votes' there, the blue appare;ttly°' is the people ;Ya favor, �•
who'in` the same developer the same person ownsthat property as `. �otnts this:' w Y h
y t
Mayon Suarez: ` iia're waiting for all the objectors =first. Try not
repetitive. <;Oo ahead,
Mr ,James' t4s My name is. James Gray"and I .°live at 2S1�i Andi6*6=Aventt . 4 T
mettaF gentlemen has tiaen dragging on foie 17= :sMdaths, ;rThe , pgge ii�t A sg t
subaitted I7 `months ago and" the aeigh6ors' a4ra :a►„:";vp hap iN
l�Y ,"�.�rht tt,�
covenant said• In' other words, there wip goltegto be
'a"�wa1�14,F� 2t#}ttr�iatr
gong tq be . glQsad aadJeflarson We were propisedhttt �'itfisrl►•
pariCing ''`�nd heard` at �little�'Mhile ago :mach-goMp,,* At?`' bQW�'_�4valpp�er�
ko�; brook aovonanta thnt_' alrwiad bee T i
y n mi�de. h s i4 u t amDtb0) t
th,s. k NoN, siRharxe a►ake aovenant : k�esp at,
t
stn'"opposed to art iia on �thmt'. basis. =Th'is s►es' a pxomise L+ th#ti114 # a s
i.mporto that Chip Oit proaise. h k# r
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Mayor Suarez* And it was obtained in conjunction with 'What kind of an
=pPlicstion4
Mr. Plu mri It Vat changed from residential to residential:office.
Mr. Olmedillo: There Vas an application for a zoning change for the lots
which are in yellow and that accompanied the application that 'Was profierad oft v
that original covenant which Was... r
Mayor Suarez: But the change was from that Commissioner Plummer was just
telling as from residential to...
Mr. Plummer: Residential -office.
Mr. Olmedillo: To'residential-office.
Mayor Suarez: To RO. OK, anyone before we hear from the property owner. is
the property owner here?
Mr. Mike Marmesh: My name is Mike Marmesh from 2539 Andros Avenue. My
understanding is the developer came for a zoning change. He got everything he
wanted and made promises to us, the original covenant promised substantial
landscaping and a wall. The developer got everything he has asked for. It's
17 months since he made his promise. We don't have anything, and I don't
know, vho.is supposed to enforce this? He promised us something 17 months ago
and there is nothing there and it seems to be nobody that can make him build.
How come he -doesn't have to do anything?
Mr. Plummer: Probably the answer is there was no date certain put in it.
That's probably the answer.
Mr. Marmeshs The covenant is only for three years.
Mayor. Suarez: Well, we are dealing with the variance : on, the walls ,°:: that"
.s
basically what;ve are dealing with.::
Mr.. Marmesh: - Yes, but, the wall was supposed to:.be... he promised.the==wall�,i7.
months ago., There is ,nothing. ;The;landscaping was supposed to berapproved:'by
the City, there.:;ia nothing there.
Mayor.Suarers Ia:addition to determining this issue today; we ought to check
to see why -none of those conditions, have been met,_according:..•.-vhere
property. owner?
Mr. Olmedillos He is represented by..
a Mayor .Suarez:- Oh; you own .the property?,
_ f
Mr Stanley Price: Maybe after this hearing.
Mayor Suarez: You may have bought the farm, as they say.. Go ahead;
counselor..
Mr -.Price:, Mr. Mayor and members of the:Commission,` my name is!Stanley.Price,
One. CeaTrust_:Financial Center, representing Mr. Ralby who, is,.-- thw°one ,Mho.
sought: at relaxation :of the. -Code, provisions requiring j:a walla One:`: of ,the ``Ft
classid,eloments:. to, ons.. who wantsto. be relieved of the. Zoning -;Code
the.literal..:tema of .;the 2oaiag> Code do :not make sense;, as applied r to,Aa_
particulars piece of property.; : <We suggest to: you: that ;we, psovess tbitt` to
Zoping.;>Board and`: s.:,wouldilike to prove that to you today. Mr. Rslby
purchased -four lots along 26th. Mr. Ralby has refurbished ; those xtua
Baines dad ; at• ,the,4 ast• meeting , of .: this:!Comatission, ,there was aomplim at 1 !`#cat. 4 r,1.
3
_ this Commission not the : job that he . has ..done is taking,.., ruQ dovraFeas end
refurbishiag;it4,:. You are going to bast testimony, bxA# testinAlr �► ter �q#a* zXi
pf ;what thoga homes' and the . conversion ,of these homea to residential oZ tas . � E
has a.st, to thp; �_Oconomic -viability:: of that area.. Specif caliy it 4y��
r
itnpprtamt to ,note that we are talking. , . Mr, .Ra�;bq owns Moir, bones,
ut►1gicA ,,boot ;tb#s `1�4.,that<;ths:two lots;. in.qupgt#on of ay � t� 1Fi9 OAa pit 5 {M
and one p tha rsasoaa'tbat you have a raquixemeat for n wall
nidoAti+�l 'QJ11 xonrtpidontiat uses c1a4void;` tt�►d a �APiss, - IR!, _
vSh �a
of •see. f� g his:. pApwartl► r 4, i4t�' l► t�s�t.�
k#dts un uo ab ut.;: t
y 4
property which is bordered by residential in this area, there is no means of
access by vehicular traffic to this area. There is no way an automobile can
traverse between the building either on this side or this side to get to this
rear area. The parking is located here and there are physical barriers. The
two lots that are hers and here that contain the identical type buildings do
not require a gall along their rear because of your toning ode. There is a
provision in your Code because of the zoning district these two homes are in,
there is no wall. So what do we have? We have, what the neighbors want to a
marginal line. They want wall her*, what function does the wall have? If I
may, Mr. Mayor, I'd like to show you two pictures. This is a picture taken
from the picture window in the back of the office building on this lot. Mr.
and Mrs. Gray were here to protest this application. Mr. and Mrs. Gray
already have a six foot high fence between my client's property and their
property. If we put a six foot wall next to their six foot fence, based upon
s
the. construction of Mr. and Mrs. Gray's house, which was built probably when
the food criteria was quite different than it is today, the lowest window in
Mr.. and Mrs. Gray's home is higher than the six foot fence. Therefore, what
function does a wall have to protect the people in the rear of this property?
The answer is none except for the expense of putting up a wall. Now, along
this side of the property, there is not a six foot fence. The fence varies...
Mayor Suarez: I bet you lunch that that is not a six foot fence there.
Mr.. Plummer: It's five.
Mr. Price: It's over five feet, sir. I have not measured exactly.
Mayor Suarez: I only bet that it is not over six... that is not six feet or
higher.
Mr. Price: I know if I jump up high.I can reach the top of it.
Mayor Suarez: I'd guess five, but not six.
Mr.•Pricec If I,may, Mr. Mayor, this is a picture taken from the rear property
line looking back at the residential office that Mr. Ralby had constructed.
As you•,vill note, there are trees back there.: It is a beautiful setting for: a
picture window which;.he has back there. No automobiles, no;structures,of any
type can go to the rear.of:the property. Mr. Ralby.is willing to put:..up a•six .
foot,, fence around! the property. Mr. Ralby is willing to - landscape, .but, to
require him, to put a wall here accomplishes nothing.. The noighbor<,says it, is
7_
a;psychological,barrier.. Mr. Mayor, when we came"in for the :zoning,.,you took
away that psychological fear they had by maintaining a one foot strip,,along
hi l d f c min in and .,& 4n
the_ rear of. the property w ch pree u es us rom o g g
anything in the rear of, this property. We can't even get transitional zoning.
I:m suggesting to you that the literal terms of your zoning.ordinance�do;not
make sense as:applied to this property and the Zoning Board agreed with us.:
They said they would, rather have excessive landscaping done back there than '
S having a wall. A wall accomplishes nothing excepting punitive to my client.
I'd just. like to have some brief testimony by Ms. Joan Elizabeth Andre, who:is
a real estate broker in the area.
Mr. Dawkinst Before we hear from that, Mr. Mayor, I'd like to say two..things•
Number one, •the Zoning Board members who are desirous .of the foliage and.
landscaping do not live there, so therefore, of course they might..,- feel `>
differently than the people.do,about the wall. Second thing lid like..to,say
is and, I'll, say it now so that everybody will know, this ,Commission -granted 7 �
variances on -promise .that the wall would be there. Now, Mr. Pierce said, the
wall will:serve_no purpose. The wall _serves a purpose -to send.vord,that when l
you. come before this Commission, and you give a_covenant., this Commission"
expects you: to live up to it.
Mar,. Price: yr. Dawkins I don't mind- you',taking a; contrary: position to me, but `
you keep on.1nsulting me by referring to me as Mr. Pierce. Mr. Pierce is"the
4pavier gentlemen. :
Y
..-
Mr. Dawkas: Yes, mad they darken one,; ; .f
�x
fir, Plummer;, There goes. another •front. page ,article to Thes Harald!
MR,s Jo#n .Andres ,Hi, -g►y mama i.s Joan AndrA, I`m with Cae�r►ut .fir wi-�+a�t�'►
',
l!ve .,be a, brok r is ti►e area for about,, gets. yvaret...aa�#= A 9 P oF�I by a �
•. ,
a-.f�'
t
z1 ; Yi t : •! r,.nc� rsi:ti Tr'i �a'.'C`�'u. �
200 Andros Avenue which I recently sold last week. When I bought my
property, being a neighbor, I was familiar with the property before he bought
it. It was an absolute pig stye. It was crack haven, it was disguatingl A
man went in there$ he put his money in, he got a variants, he gave to the
neighborhood which a lot of developers don't do in the Grove, and I've lived
here all my life so I respect the Grove. Vhen you look at his property$ it's
aesthetically very nice. If you put up a wall, in my opinion, it would really
break the residential office into looking more of the Burger King, you know, -
strictly commercial part of it. I own 2530 Andros Avenue. I bought it before
Mr. ttalby was finished with his work, I bought it for $105,000. Since he has
finished his work, done what he has done, I renovated my home, I put it on the
market and only because of the upgrade he has done in the neighborhood, was I
able to sell the property last week for $185,000. Now, if I can make $80,000
in the short period I did, I do not think that the neighborhood is going down.
I would like to thank Mr. Ralby and have more developers that give to the
Grove and keep the look of the Grove instead of trying to really nickel and Y.
dime him to death. Thank you.
Mr. Dawkins: May I ask you one question?
Ms. Andre: Yes.
Mrs. Kennedy: If it was so aesthetically beautiful, why did you move? You
made $80,000...
Ms. Andre: Because that was an investment property. I live on Stewart Avenue
In South Grove.
Mayor Suarez: Anything further? Commissioner?
Mr. Olmedillo: I'd just like to put into the record the comments of the
Planning Department. As you know, any variance we have to find the hardship
and we have recommended denial of the original application, that is I would
say, reverse the decision of the Zoning Board based on the fact that we didn't -
find'the' reasons for the hardship.
Mr. Plummer: Mr. Pierce, I'went to'the property and looked.at it personally
the other day."I'm personally opposed to a solid wall. I think that a solid
wall is absolutely wrong, it cuts off the breeze, it cute off everything that
there is. There is 'a protection In this particular property because I don't
know exactly, but I am going to say that it is at least 50 to 60 feet from the
back of that house back to the chain link fence that is presently there. 3�==
That's ,What I would say to the backside. To the other side, no, it is very
close and `I understand that woman is not an objector; although I do feel that
there is some requirement that is necessary to differentiate between:a -not a'
residential office and a truly residential. I personally. feel that it would
suffice`and''definitely be in order that a six foot chain link fence which the
air can go through, should be erected from 28th Street down to the red area
p and from the red area, all the way across and landscaped acceptable to the
City,.now that's my personal opinion. I just don't like solid walls. I think
that they are unreasonable. If it were any kind of a commercial venture,, I
would say yes, but these still have the characteristic look of a residence,
and as such in my opinion you do not need a Chinese wall to break anything
there. It looks like a residence and if the rest of you haven't had the $"
opportunity to
pp y go and look at it. It would be hard to envision, to understand - x'
what the comments that I just made, but I did go look at it; and as far as I
am concerned, I just not only in this particular property, as youknow, "Mr.
Mayor, I objected to solid walls, eight foot high around the front.- of
T— properties. I just have a problem with solid walls. I just don, t think that
they are what we want. It makes it look like an encampment and I am veryunh rr`
opposed to solid walls. I would be in favor of. voting to eliminate the solid .r
walls with the alternative of a six foot chain link subject to heavy r}`*
landscaping approved by the City. That's where this vote is. �r=•y
Mr. Davkias: Well, I'd like to, say .a h
gain that I sit here.. and era avo the }`
6
neighbors come and the neighbors come all up in, arms saying that thgy ara r
against zoning,variances and we sit here and let the developer or whpmever: s
G>
seeking the zoning variance, pacify, and that's trty,opiaioA, `the neighiors� by l,_:
proffering certain amenities. Now, an thin is not t#:a.""irat time eve
voted,*gainst lifting a variance and it $ probably von t be the' last, tut�j
that ti' a .promise : was. madet : lf
in order ,' to allow a getletansm to 'p�phaaar r '
anybody to enhance .the value of their proporty," then rngardss, it pn�
upheld.
what it
wall and
11
Now, I don't live out there and I don't plan to ride by there to.-***
looks like. All 1 know is the people who live there were promised a
a promise should be kept and that's my opinion.
Mayor Suarezi OK, now that we've heard all the opinions...
i Mr. Stankevich: Could I make a comment on the aesthetic value that everybody K
keeps talking about? The house is...
Mayor Suarez3 You could loose our momentum if _ y you make too many comments,
because we have closed debate and 1 have a feeling that since you are against
you are going .to win, but I mean, I don't know.
Mr. Plummer: I think it In noteworthy to put onto the record a comment just
made by the Mayor that he wants to put a wall around his house and he hopes
that I would not oppose it. Hell, I want to tell the Mayor that the former
Mayor did put a wall over my objection vote. I didn't like it then, I don't
t like it now and so Mr. Mayor, when you come with your application, this vote _
is already decided.
Mrs. Kennedy: The poor thing lives next to a wall. j
Mr. Plummer: Yes, my neighbor has an eight foot wall on the property line and
every time I look out that bedroom window, the only thing I see In a yellow
eight foot wall.
Mrs. Kennedy: Yellow?
Mr. Plummer: Isn't it yellow?
Mrs. Kennedy: No, it's grey.
Mr. Plummery Maybe I painted it, I don't know. ;
Mayor Suarez: See, the former Mayor did a lot of things that were
Objectionable., In my: -case I need -a wall -not so much to keep people out of my,
-` property, but to keep my kids in the property, so my neighborswould be very`
happy to have,at least a minimally sized wall, it wouldn't be eight feet, but
anyhow, all of those aside, do we have a motion? Did you move to deny? Do --I
hear a motion to,grant? Whatever, somebody move something,, -.please. - k
Mr. Dawkins:- OK, I'move to,deny.t;+
Mayor Suarez: OK, I'll second the motion to deny..
Mr.Plummer: Hell, excuse me. OK, to deny, then there is no provisions J'
needed to be built in.
Actually Mayor Suarez:
— y it is to grant the appeal, is what I...
Mr. Olmedillo: Can you clarify that, because it is an appeal. �.
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The following resolution was introduced by Commissioner Dawkins, who
_
moved its adoption:
RESOLUTION NO. 89-304
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND DENYING THE APPLICATION FOR VARIANCE FROM
ORDINANCE 9500, AS AMENDED, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 3 OF 6, TRANSITIONAL USES,
STRUCTURES, AND REQUIREMENTS, TO ALLOW THE WAIVING OF
THE REQUIRED 6' HIGH WALL TO BE ERECTED ALONG THE
-
EASTERN AND SOUTHERN PROPERTY LINE (SUCH WALL REQUIRED
{
_ WHERE ABUTTING PROPERTIES IN THE RS-2/2 ZONING
DISTRICT) FOR PROPERTY LOCATED AT 2606 AND 2612 SW 28
t
STREET (MORE PARTICULARLY DESCRIBED HEREIN) AS PER
PLANS ON FILE; ZONED RO-1/4 RESIDENTIAL OFFICE=
SUBJECT TO COVENANT WHICH PROVIDES THAT NO PARKING OR
STRUCTURES SHALL BE PERMITTED ON THE SOUTH PORTION OF
LOTS 3 AND 4, A RECORDED UNITY OF TITLE FOR LOTS 3, 4,
5 AND 6= LANDSCAPE APPROVAL BY PLANNING DEPARTMENT=
AND FURTHER SUBJECT TO MRS. GRAY BEING INVITED BY
CERTIFIED MAIL TO SEE THE LANDSCAPE PLANS PRIOR TO
APPROVAL.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.) -
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote:
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES:, Commissioner J. L., Plummer, Jr.
ABSENT: None..
a-
50. <:GRANT APPEAL AND REVERSE ZONING.BOARD'S,APPROVAL OF VARIANCE to allow a.
garage addition at. approximately 3893 Park Avenue (Applicants':,.Robert &, -
Cindy Lederman).
Mayor Suarez: PZ-17.
Mr. Olmedillo: PZ-17 is another appeal by -an objector, Zoning Board decision
to allow a variance to approve a variance which allows a residence to be one }
foot, one `inch from the side yard on the. side property line and the roof.
overhang. being one inch from the property line. For the record.the'Planning,
Department recommends denial of the variance, that's its overturning the
decision of the Zoning Board based on the fact of the hardship.
Mayor Suarez: How do you clarification? Ms. Lederman, Mrs._ Lederman. Aren't 3-
you a_ judge yet? :
Honorable Cindy Lederman: Yes, my, husband asked me that often 'in the r
campaign.
f_
Mayor.Suaraz: It's always good to have you.even'if.you are here:preaumably:Qn ,
a private .matter; A.
Hon. Lederman: I"m leaving the private. matter In the hands of my:,-
-attorney
•
s�
Mayor .$uarag=. We .shou]d _say the Honorable Qlndy l.edermaa:; Waatr�igler�l4 tp '
get her. to .bp a .judge,,you know. We may.not grei 9Qur regt�ast, hut..
8luauaar::. reading this request propprl�►? Ana inUh?
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lfit. Ohnedilio: bell, actually the setback of the gall, which to the one that
,i you *U*t count is one foot, one inch. Now, the overhang on the roof is up to k`
one ilichi
Mr. Plummer: One inch?
Mr. Olmedillo: Right, from the property line.'`
Mayor Suareas That's pretty close. k`
Mr. plummet: I thick this one just got the prize.
Mayor Suareas Who do we hear from, Guillermo?
Mr. Plummer.: I've had them with no setback at all. q
Mayor Suarez: But never one inch. `
{
Mr. Plummer: Not one inch. a
Mr. Olmedillo: Just for the record, both variances...
;t
_ Mayor,,Suarez:: He's : offering to make it no set back, at all. Who -do we : hear
from,first, Guillermo, it's that time of the day where I'm not sure where we u
are. -
Mr. Olmedillo: The appellant, please.
Mayor Suarez: Objectors are the appellants in this case. Jim McMasters.
Mr. Jim, McMaster: I haven't been sworn in, I guess I should be. a
Mr. Plummery Everybody that testifies has.got to::be.sworn in.
f
(AT THIS. POINT THE, ;CITY. CLERK. ADMINISTERED;• REQUIRED:, OATH UNDER ORDINANCE.
10511.TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Mr. McMaster: -,Jim McMaster,, 2940, SW, '.30th .Court,- Coconut ,Grove. I'd,:like ;tip ��"
let; the neighbors; speak first. I'd like : toi explain the -.,reason my ,names ;is #j ,
listed as appellant is :that Mr. Lederman came .to. speak' -,to ,the:Civie�,.Club -board '
on February. ;;15th, to showed us his plans, and. -;the• board voted unanimou's1y
against the f suggested, -variance, yet we waited about':two seeks=.}to-Vriteah,
— letter...,At;.that oint; neither..the p president:_nor vice ;president: of'the Civic
Club vas,.` available to sign it, so I signed it to make sure that it Mould be
legal .;..,The>Civic Club .itself also submitted is letter signed by the secretary
appealing it. I'll let the neighbors speaks first, thank you.
Mr. Ray Robinson: My name is Ray Robinson, I live on lot .eight as shown'ott
the . overhead projection. I am immediately adjacent to the Lederman!s
- property. I will tell you that I had originally given a written consent `,to,
u
this, but Ma or as y you had .indicated- eariie5r,l.we> are entitled >to change our
minds and that's exactiq what: I've done, Asmy house:.: is situated":;on the
Mayor Suarez: :When did I.say that.about-changing-::your;minds? -
Mr. Robinson; I'm: sorry, earlier . this evening.;, ' Maybe .you posed1hee-questio�a�
can we chattge our minds and I certainly -hops so. The structure'that is going{
tq> :be ;built .as indicated, is .- one inch:, from my . property t iiae ,,and thee is Mite . `'�
overhang►, As;- Mri,-,Lederman, and I0vatibeard. a, tape. -.of. ,the zoning neetiag,
Lederman` has offered to build to fence along that: way, -which there is
already ;there, but yow. extend �.thp fence even. further, ;; or Z �attovk yatef , ? _
side of phi•„garage;,=which° Mould espe�nce:- bs r.lcakiag setts ,ve:fir, 1+arQeR +atu¢tur _
At the t.i:oe I' 'soneemtgd i and, T :_t,hink I` owa4 tb�o ; Comm isaioa ,:onus 4Rpl;an`atj
At:the .;tom :,l ePtiwenteds ,itin.,..a .la'+yer... on y►as,at►ovAdrrria <Aatsca�, I a w��
something that was:,; very:" distracting to rae ±gt the tom`. and, I belie�yp w^s'
aaaseatesia at that x;io►e, meret tca' gltt`,,ri¢ he :#s rt:eu #lot -
atte d +�
me dytc# eg that pert off: time. I wI11 tell you �,t:h4t �ioy �t�►gi�en� p� � ! � � ��k+� �� _
was �i� ba4ic�t3 p f� lF Sha tpaaoa .that,; r P Led. uta .s R e "* 4ig
60
R�aGt.iC �iA �: Z�14 1lAty. Hi4 Wlm 1R,x ett,1dSe, V �p
oppertupity, and I:. hope I do, tb < apaar boors h4xe bat F�'l!l►,,Y. A§
faced with the situation, toy wife and I, having these people move in and
having to live with them for many, many years to come because I intend on
staying there. It is a, place that wife and I and our new son enjoy. In
giving it further thought, and also I would like to point out in listening to
the tape at the last meeting, Kr. Lederman brought up the pie shape of the
lot, which is rather unique, and whether that is unique or not, in our
particular;ars&j I think it is not particularly unique, but because of what ;
Mr. Lederman plans to do, the pie shape is absolutely critical here, because
It he is building a structure right along the line between 8 and 9, and I'll
tell you what really brought this to my attention was in discussing with my
neighbor in lot 7 was that she had also considered at one time building,,,a
garage, but never undertook to do so or to canvass the no and get x
the appropriate consent. Now, if I tell Mr. Lederman yes, and I tell Me.
Finnieston on lot seven yes, then I have...
Mr. Plummer: Sir, I'd sure appreciate you being brief.
Mr. Robinson: We have that red light;which is equivalent in this court to the
hook and you're giving us sort of a lot of personal insight, but we have a
pretty good idea why you are opposing.
Mr. Michael Genden: My name is Michael Genden and I am an attorney also,.I
live 3900 Park Avenue. I'll make it quick. What this boils down to is two
very, nice people moved into a neighborhood, spent several hundred thousand
dollars for a house, and then after they went in, looked at it, liked it,
liked: the neighborhood, liked the neighbors, decided it's going to be ,a
hardship if they can't put their cars, in a garage. Now, that to me is what,'a
called "Jewish chutzpah."
Mayor Suarez: This is a day for those kind of remarks,,I can tell.
Mr., Genden: Let me say one last thing. The analogy is that you go to,a' car
dealer and you buy a car for five seats and then next week you bring it back
and say, it's no,good anymore, we need a station wagon.
Mayor: Suarez: I might get a letter from Art Teitelbaum, after today,, I know ' 3
for sure.
Mr,. Genden: The fact,of the matter is if there is a:hardship, which Me don't
understand there;is,,that'.s one thing, but,L.find it _very. hard to: -believe that t4
you go in and spend several hundred thousand dollars for a house and then say h:
It is,going to be.a hardship:if you can't put your cars in a garage, even-1f `t
it is an inch from your neighbor's property line. I think this thing, as they "k
say g in le aline ,.:speaks for. itself.
Mayor. Suarez: OK, thank you for your statement. r
Mr. Do Yurre: You don't do litigation, do you?
o Mr. Genden: No.
3
Mayor Suarez: But you know, litigators dealing with judges have a different'
style than citizens dealing with this Commission. We don't always react the
same way as judges do.. There .are overtly... X
Mr. Genden: Mayor Suarez, my comments may in some point in time, if,I appear
is . front. of Mar Honor, may not bode vell for . me, but .the , fact .,9f, ,,the, matter,:x
is, I!m not here -as .a lawyer and I.can!t worry about.who,owns.that house ii' ''
tk
Meyor_„Syarez: We11,,they ;are not.
boding real- well with-,t >Commiesioa 44
either, -but_ go ahead. L'm ust .warnin "� 8 j g you about that.
Genden: The fart 'of the ,matter, is, is that everybody►.. so is thpt' v
neighborhood if this is allowed, is �,�ry�.
going to go along and change the houses ae rEti
they soo fit in, a bop.uti#ul,: lovely :street in .Coconut, ,.Grove' tthichw' x share
liked iaml► entire�:life and.vas born there an( I'm opposed tci its 4�,�'�
Ma ar ..
Y. ;W!Iz: Thft's . certaialy the .,co�ngn : thread .and #h a�C th t tt, , i ;, � _
Camn:issoa is very resonsiva to that. kind ,of.. am �rBument., s e'Fepa ; $;I�'
tonight"'1uraW.ve I;�ned down ;quite .p. few ;similar reusgts •d I'ya feelm!s w =,r
is :the dirgctio,we are:;heeding .in.
ei s
� K
3 )1
i
Mr. kobert ledermant Mayor Suafat, I would just like to interject, I know it
is out of turn, but this is totally unrelated to this specific hearing. I
Would like to point out that he hat 'impugned s►q wits's integrity implying that
obbiething he has said here tonight might influence her in the future. That is
totally...
Mayor Suarezt Oh, I didn't take it to mean that.
Mr, Ledermant No, not you.
Mayor Suarez: Judge, I didn't. ilia sorry, I don't think he Meant it that way
and...
Mr. Lederman: But I feel that is totally out of line. My Wife would never
let anything that is being said here tonight in any May, shape or form affect
anything that is heard before her in the future.
Mayor Suarez: I think we all agree to that and I hope that if she run* for
reelection, we'll have the support of the entire neighborhood, because I'll
make sure I'll go out there and get their support. Hopefully they'll sign up.
Ms: Kitty Proenza: My name is Kitty Proenza and I live at 3855 Park Avenue
and we're already welcomed the Ledermans and told them we're delighted to have
them, it is just their garage that we object to. I assume that the original
request where'they intend to show evidence of, as I interpret it hardship, the
need for security,the concern for aesthetics and sacrifice on their part, we
don't 'an neighbors think that those are reasons that are justified. The pie
wedge shape is`not unique. There are 12 apart. The need for security should
have been considered before the house was purchased and 'there ere only 12 or
so' steps from their driveway to the front door of their house' with no
obstructions and' it is well lit by a City light 'that is right on the edge`'of
the driveway.
Mr. Plumm4tt: You'know you folks have rebuttal.
Ms.''Proenzae No.
Mayor Suarez: Yes 'Jim, you mi ht` want to coach the q g 'group a l little ;bit.
You've been here:'a lot; you know When you are' doing' well' and`you know when'you
are°over doing it and I have a feeling you are over doing it.
--r'
Mrs. Kennedyi Itcan�vork•both'ways:
Mr: Plummer If 'there's questions raised` that you 'need -to rebut,` you have
that opportunity:
Mr. McMaster: OK,` I'm going to have everyone give their nime-and address and
— sayl they. are opposed, and I have`a coup le'of'things `IId like to put`up'on'th8
wiener...
Ms. Karen Finnieston: Karen Finnieston, 3901 Park Avenue, and I would just
like`to present a'photo.
Ms. Maer: Please Out your comments on the record if you are describing:a,
photograph.
Mayor Suarez: I gather We're just talking the names and ad -dresses;- that'a
all, of all the objectors at this point, from what he told Me.
Ms. Carol,`Kniae'1e s M y, TKmi y y name is Carol Knisele I live at 3877 Little Avenue
in the Ye Littla,Wood subdivision and I'm only here because,. {
Mr •Plummsrt Not give' that to the Clerk please,: part of the ¢xhibit.
this. Kniseley; I .m only here beci►use T vas tiia' one person to, oppose" aft Abe
zoning `hearing and in talking 'with Mr. Lederman he eeid , I 'was'
because they aae&saredt and decided 'Z was -not withie the .375 fiat +lthqugh ft
lies fpatiifi*d, ' arieii>I would like to pout out to `biro that a4 a rasisippt A, f °'y``
Little Wood ,1. own parta, for. the records I own parts in',.`caam9.
ai`thiu``tbeFe'� .and ttie r4 is, a park �ritbi '100 gaot o hie►;, gi �ectll► abu x f t }sak
bias, so. I do believe I"havo a 'right: to �ape+�k. Th+tt's all I`We►n,ed to lt8y. s,, TM;xY
Ki
Nk�' • t a .Y"
Mayor Suaroki Oft. Thank you for your... Ma'am?
Mt& Susie Robinsont My babe in Susie Robinson and I'm opposed, I live right
next door.
Mayor Suarez: OK.
Ms. Finneston: I'm sorry, Karen Finneston again 3901 Park. I have a petition
with 30 iignatures and letters.R
Mayor btiarazi Oh, that's it? Go ahead and bring that to the City Clark for 4
Introduction into the record. OK, from the property owners, Mr. Lederman.
Mr. Ledermans Mayor Suarez, we brought this before the Zoning Board. -They
considered all of the objections being raised in that point in time and
whether or not we had a 'hardship and they voted nine to zero in our favor
believing yes indeed, we did meet the appropriate criterion, we are entitled
to it Very quickly, I would also, these are already in the record, I would °-
like to show you some photos of the structures. There are two sets of'photoo.
These are all in the record already, two sets show the actual structure
Itself. Two others show the cul de sac on which the house is located viewed
from Park'Avenue. The structure itself is not in the best of shapes It is
not an eyesore, but it definitely needs great improvement. Our plans an you
con' see`here call for great improvements to the entire structure,,' including
the building the garage.As far as the garage itself, when we looked'at where
the garage could'be built, we considered various proposals with our architect.
— The one that made by far the' most offactive and faireat use of the property
called for us to demolish the bedroom, which we' are doing'. The lot itself is
an unusual shape. 'It is vary narrow in the front and then it stands out near
the -back `It would be wonderful if we could build in the back the garagebut
I'donIt think that's too useful. We could perhaps build a ramp over: -the `
house'. We've had all sorts of suggestions' made to us, including=.building-' a
second -story on the. house and ''there is a ground -,garage', all sorts of
suggestions we had. We reviewed many different things,.with�our',architeet;,-.
the only one that really makes sense is the
proposal that we- had before uyo
today:
u
Mayor Suarez: In looking it these' elevations`if I may just°interrupt you, I'
see;. I'm confused about what they represent.-: The top 'one, what., is that;_
counselor?
Mr. Lederman: Thank you. The top elevation, the,-house:has -a` slight jog in it. z3
The top elevation will be what the front -of the house will look like when 'w8..
get done with. We intend to make a major reconstructed look to the ,house.
Over`this=area represents'the front -of what the garage will look like Coming
down over here would represent the side of the garage. Before we' went""
anywhere; We.asked -our architect to make the sides of the garage, 'you, know. NOR
r�
given the fact that it is a. garage, to make it as attractive as poasible._
ME That's why' we have two windows in there with We have you know, we .
have... it's as best we could do to make it as decorative as possible.
Mayor Suarez: iWhat is this third elevation from the top?
Mr. Lederman: The third elevation is the '`back= of the house. It has
absolutely nothing to do with this at all, but the Planning Department....
Mayor Suarez: Thebackof the house now or how it: would look after you...
Mr Lode Man i °How it `Will look.' Again , we ' are -doing some•"changes •back ,there,
we've`changed" some windows. kr
lJayor Suarez Arid the top elevatioii.'is the front .and the other, one Into_trhe r
back, huh? i ." _
Mr:° Lederman: This is -,the 'front,1 this is the back This is the;nant ` lde, r '
llsyor Suaregt Cone atul`a Y ,
8r boas to, your grchitect.
a E x,j -
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llr.` Ledertnaa�',, Thattk you.. ` , fir
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Mayor Suares: That's quite imaginative to make the front look like that and
the back as it does* I mean, from the front you would think it is a two story
structure. 'From the back it looks like totally a one story structure.
Mr. Lederman: That is correct.
- Mayor Suattst What's the architect's name?
Mr. Lederman: His name is Robert Wade.
Mayor Suarez: Oh I know Bob Wade.
_ Mr. Lederman: I would point out that before we became committed It this
application we did in fact go to both of our neighbors. We spoke to Richard
Killian is... our property is no longer there. Can we have our. property
perhaps back on the... here is the adjacent neighbor on the other side. We
got his consent and before we committed to this, we did in fact speak to the
Robinson's. We got their consent indicated to us, at that point in time, that
If they were not going to agree to this, we were not going forward. In•fact,
we have paid quite a bit of money in architectural fees, quite a bit of money
In the actual cost of these hearings, and this is the first time I've heard at
all that. the Robinson's now changed their minds. They did not contact me at
anytime prior to let me know that they have changed their minds. We -have
moved forward in good faith, based predicated upon what they..have told us,
which is they've ,given us their written consent and until tonight we've never
heard anything different. _In fact, Just briefly in an attempt to go over
this, I did go voluntarily to Coconut Grove Civic Club, I discussed my plans
with ,them. During that evening there were various questions raised to me..
They wanted to know why we needed such;a big house, there were many.other
questions raised as well, which were not necessarily germane, but I explained
everythingto them. We could not come to an agreement. They felt;we.did,need
the structure, we felt otherwise. I also again matter subsequently met
directly.,with our neighbors and went over -our plans: again. I have gone over
them with.them and if„there were some other reasonable alternatives, we.would
have attempted it, but we pent in with it extensively with our architect ,and
by far this was the only reasonablesolutionto the problem.
Mayor Suarez: What are the setbacks now.on the structure in question that's
going to be, that would be if this were granted, reduced to one point chat? is it.
Mr. Olmedillo: The existing setback should be five feetfromthe side, aide >;
yard.
Mayor Suarez: That should be, because that's what the Code says?
Mr. Olmedillo: Right.
s Mayor Suarez: What.is.it,.do we know?
Mr._Olmedillo: It's more than that, I haven't measured, but it is probably
approximately ten, eleven feet.
Mayor Suarez -__Oh, the property is quite removed from the... ?
Mr. Olmedillo: Yes, it is a large lot.
Mayor Suarez: -..I have a feeling your. architect, . being;, as creai,#ve
— coulddo something better: within the, setback requirements of .the City, but, ,
that's just my, own feel ing.- �
Mr. Lederman That's quite r : q . all right, I was:-,; poixt�ag out that
currently on., that.; property line there . i.s a fame.:. Then fence will be
and in; fact, , move d.,.away •from the property aline. , We, only :gat to;Ano, point ;anct
then progressivelgrmovee.away.. :It 1s,..not a quegtioa.thatr;it is going to 'stay aF
directly at ;the .Dias ,inch and -then at, oAe font ,pAp inch.h+at iA at ;hot; y,
closest it mavaa away: from.the :'property:-.Ibe, � A1�o � waµld pp�ttt
out I volunt;�r,ir,, at the..time,,..,suggested AorMr,,- Rpbnsom•:,thatdid..pot
dike the,physical look of the garage in that, point is time, I,told #is Z would
be happy to ; put .baFks Lhp, feaoe, extend, the :; feAqw, ai# Y; the : !aF au oss ha f ron -
as it ;sxists'r You Jcpow_:,we;, toot pelt,. Khiehpve . he Mould be more' plea�g,d , � �.
with . at that point is :time and 1 aa: still ,reac�q ..tA, da tie Aan►e thip¢,
aheady`committed to'.
�t7�. .
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Mayor Suarett Thank you, Mr. Lederman.
Nita Robinsont. In brief rebuttal, I was told by Mr. Lederman and I've been x
shown plans to the contrary, that shows that there was no other way to put a
garage in. You could demolish or take away part of the existing house in ,
order to put that garage there. I've now been told as shown here that that
room vas an original garage to begin with. Secondly, I can't believe that Mr.
Lederman says that I never indicated since that time my contrary opinion,
because we had a meeting at Ms: Finneston's house.
7
L�=
Mayor Suarets Oh, we are not going to get into my, you change of mind again,
are we?
Mr. Robinson: No, but we had a meeting at Ms. Finaeston's house and Ms. *
Proenza was also present where we specifically discussed my change, so you
know...
Mayor Suarez: You don't have to give notice of your change of mind anyhow.
i
You come here and explain it the day of the hearing is fine.
Mr. McMaster: Jim McMaster, 2940 SW 30th Court. I've checked the file and
if I remember correctly, the application was filed with the office before the
letters were signed by the neighbors. It was about a week apart. They got
fthe: OK from the neighbors after they filed the application. And very briefly, s'
i these,are the plans of the house. This is the original garage, which in 1973 ;.
-� was closed in. The existing garage is still there, it is two bedrooms. Put n
the next one on, Carol. They are suggesting knocking down the wall on the
left hand side of the i garage and putting one car there and adding on another -
one car garage area. If they simply knock down both walls, they can put the
two cars..back in what was originally the two car garage. Thank you very much.
Mayor .Suarez:' You, are going to be paid architectural fees for your
suggestions, so... Commissioners?
Mr. Plummer: I move to uphold the appeal.
a
Mayor Suarez: So moved. _
Ms. Maer: That's to grant the appeal and reverse the decision of the.'Zoning 4p
Board which granted the,variance?
Mr. Plummer: I didn't know,I needed a,translator.
>; Mayor Suarez: To uphold the appeal by McMasters? i
Mrs.: Kennedy:I'm going to second -that motion. My good friend Cindysyou :are, = s
a= -formidable attorney, you are an even, greater judge, but you are a lousy
builder. One inch is way to close. '{
■ : Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who r t
moved its adoption:
RESOLUTION NO. 89-305
_ A RESOLUTION" REVERSING THE DECISION OF THE: ZONING
BOARD AND DENYING A VARIANCE FROM`ORDINANCE 9500,"`AS
3�
AMENDED, SCHEDULE OF DISTRICT REGULATIONS, PAGE 1 OF
6, MINIMUM OPEN SPACE REQUIREMENTS, To ALLOW .THE.
GARAGE. ADDITION : TO AN EXISTING ,SINGLE-FAMILY RESIDENCE
PROVIDING AN INTERIOR; SIDE YARD OF 1' 1" • (5' "MINIMUM ,'
SIDE YARD"REQUIRED) AND AN OVERHANG WITHIN p'1"=0F THE tXfr;4 _
PROPERTY LINE .0 0 6" MINIMUM' SETBACK FROM PROEERf I:INE�
REQUIRED) : FOR. PROPERTY LOCATED' AT 5893 : l'ARK . AVENQE "
�r>:tx, ,
(MORE -PARTICULARLY DESCRIBED, H$REIN) ; AS PER . PhA,NS ON x'
i FILE; ZONED RS-2/2 ONE FAMILY DETACHED RESIDENTIAL,
1 (Here follows body, of resolution, omitted bare end op
file. iA:the Office of the City Clerk,)
7. A t Fi FJsa ii
f F i s+t•• � '
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tj .i ;. � . t • rr, ^r° � y '��` r.,,Y�4vy-t '� -. �` -
i
�af Y`b _ ,t.. a t t t ± r?-. c�t ��•q; f: _.x�SN3n ���,,.Tc�.t S.
•a�:a na7vr ♦asa.vr a+a aurca
Mayor XavierL. Suarez
RON$1 None.
ABSENT: None.
Mayor Suarers And I do endorse you for your reelection, Judge.
51. LUMMUS PARK DEVELOPMENT -PHASE I (Project No. 331042)1 Approve
application for grant ($100,000) from Florida Department of Natural
Resources for capital improvements to park on a 50/50 local match.
Mr. Dawkins: Mr. Mayor, while we are waiting, where is Diane Smith? Diane
Smith? Well, anyway, we have a resolution here that we have to pass in order
to get $100,000 from the State for matching funds from Lummus Park and I'd
like to read it.
Mr. Rodriguez: Diane' Johnson.
Mr. Dawkins: Yes, Diane Johnson. You're here.
Ms. Johnson: I didn't recognize my name.
Mr. Dawkins
: All right, you got your resolution?
Ms. Johnson
: .Yes, I do.
Mr. Dawkinsi Read your resolution please and tell'us'whq it is necessary
Ms. Johnson: Let me give it to the City Attorney: We had.`subii tted hn
initial application to the State of Florida Department of Natural .Resources. r
re uestin
Q g $100,000, from Federal funds, the Land-'r
and Water Consevation
Program for improvements ` to Lummus' Park to be matched by. "funds al
ieadq zL
existing in the Lummus Park Project.
_ t
(AT, THIS EOINT''IMS. JOHNSON READ RESOLUTION INTO THE PUBLIC RECORD., SEE
306 HEREINBELOW)
Mr. Dawkins: So moved.
Mr. Plummer: Second.
Mayor Suarez: Call the roll.
a
i.
t
r Lt 3jt"jµ{f�•
re i.
17
r r z�4
is
The following rasolution was introduced by Commissioner Dawkins, w'ho
moved its adoptiont
RESOLUTION NO. 69-306
A RESOLUTION AUTHORIZING AND APPROVING THE CITY'S
APPLICATION FOR GRANT FUNDING IN THE AMOUNT OF
$100i0b0 FROM THE FEDERAL LAND AND WATER CONSERVATION }
_ FUND THROUGH THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES FOR CAPITAL IMPROVEMENTS TO LUMMUS PARK='
ALLOCATING FUNDS IN THE AMOUNT OF $100,000 FROM THE _=
CAPITAL IMPROVEMENT PROJECT ENTITLED "LUMMUS PARK k
REDEVELOPMENT - PHASE I" PROJECT NO. 331042, AS THE
REQUIRED SO/50 LOCAL MATCH FOR SAID GRANT FOR A TOTAL
GRANT PROJECT. COST OF $200g000; DESIGNATING THE
DIRECTOR OF THE DEPARTMENT OF PARKS, RECREATION AND
PUBLIC FACILITIES, OR DESIGNEE THEREOF, AS THE
OFFICIAL LIAISON AGENT FOW SAID GRANT PROJECT.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
' ABSENT.: None.
52. FIRST .READING ORDINANCE:,._=: Amend 9500 - in connection with Class C
Special Permits - to allow applicant to transmit courtesy certified mail
notification of -application to adjacent, property owners as. an option,-- ,.
provide that changes, .of text of zoning ordinance shall be, solely, by
publication. Mir
Ms
Mrs. Kennedy: Very quickly, items 22 to 24 deal with providing courtesy^,.
notices for public hearings within a 375 foot radius of the subject property'. k-
Mayor.Suarez: Which is that, PZ what?
�' r,•
Mrs. Kennedy: Which is what Mr. ...?
Mr. Olmedillo: 22.
{
Mrs. Kennedy: 22, I.so move. ;
■ Mayor,Suarez: You want to move that? x
v »-:
Mr. Plummer:. Second...
-4 Mayor:,.Suarers PZ-22, read the ordinance. ^�
tars. Kennedy: By the way, it is the applicant's responsibility to pay for
t '
these notices.
POW, THE CITY ATTORNEY READ THE :QRpINANCE..INTQ PUBLIC
RECORD, BY .TITLE ONLY. P{,
Mr,:_ Dawkins;. H91d it#' hold
L
Mro,,,Kennedys For, ,the :record. � {
3 X
- .. :. c• ;, l.. ..,
�ry
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Mr, Plummer: For the record...
Mra. Kennedy: For the record, it is the... yes?
Mr. bawktnst _ gold it, hold it, why is the Planning Advisory Board
recommending denial? ;
Mr. Olmedillot Because they... the City should be the one to send the notices
and InAhat particular item the applicant is the one that sends the notice and
then...
Mrs. Kennedyt No, no, I want the City to send the notices and the applicants:
to pay.
Mr. Olmedillot OK, so please have the amendment, that amendment included,
which is the that City will do the notices and...
Mrs. ,Kennedy: It is the,City's reeponsibility and the applicant can pay for
Lt.
-
Mr.-.Olmedillo: Then ,you would have to pase.companion item PZ-24, which.ia the
one -that charges.$3.00 because the City is going to do the service.
Mr.;Plummer: But is that by certified mail?
Mr..Olmedillo: Yes.,
Mr, Feraanders Certified mail notification, yes.
Mr. _.: 22..
_
Mr.., Plummer: Ic want At by certified mail..
Mayor-: Suarez: Call the roll.
Mr.. Plummer: Wait, wait,:; excuse ma!,
Mayor Suarez: Do we ever use certified mail?'
Ms. Gloria Fox: I'm Gloria Fox. Right now what we do is'~tie send certified
('
-
mail to.:. the;, applicant and., regular .mail to, eve pithin 375
,fe,et.
Mr. Plummer:: No. `no,, I -.want; certified, ;A, thinki.:it � is only.Propor, we,khadt too # >
many places, Gloria, up here, .where opeople come say,,. I. didn't. get, :my, letter;
didn't:get,�my .letter! The only way;I.know to.iasure that that doesn't happen
is send Lt by certified mail return receipt requested' Sure it will Chang e =:
-
the cost, but'the:applieant should -.have to pay,;for it.
Mrs.: Kennedy: Yes, the City will not pay for it, the applicants will.
Mr., Plummer: That'a .right...
lira. Kennedy: And let's be, very clear on that. "
P
J
,Me. Foxt OK, the,: one other thing that came up before that, I would tell you !.
.
I've learned from the post office. When I maid something certified, the poet
office, vill..try _t deliver. it three times. ;.They tell me, for 21days_vt will
Mork with it. We'll go out: there, we'll try to. serve-.it.:,'if no ona is homy
during: ;;tile"r day, -, Ne' ll leave a note there.At the end - of 21 days - : we will
return it t4 ; you.
y The Code currently says for me, to mail it out at. least tan 4 =<s
days prior to; ti�et haaring. r t�
y
Mr. Pivamer:,, M
.
May9r Suarez; t X4t� km4tw, z.,;doa't; knot ,that. we, ought; toy gq to>apmQtbigge#;33"
F
complicatioa as cer ifi �aasd fo ver e 9
it r. Q y sing;e pe"rsonihia.
,s
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i
Mr;: Piwanarl Bui.;, f Y94t ¢o*'t,, Fhow Y9 d�ires x
time * J j do. �=,e e, �hp`4; tPr �►e h�l��r,� Y�`��,
1�i{`.y��_►..MherQ
11j�
and ti .+ag� �i I ;Y�d !t get let 406
-
i
�lp�or Ruarpt�:;,>�o�t� o;! �ZhR,.� �l�Re�, thgt -�s ��ea.a: ► a :B�t �►#�'� t�.!��Y��!�vd a � � rT`� x
_
.:9�t��l��il
a►al ing :like ,that. __' We ;uaually:, or ercq t ` Qf he
6 ^F T
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Mrs. Kenttedyt I have so problems;
Mr. Plummert Wait a minute now, excuse me. One other question I want to ask.
Mri, City Att6rney.
Mr. Farnandeas Mee, sir.'
_ Mr. Plummer: :As I recall, one of the things that is prompting this is that we
can eliminate the hundreds of thousands of dollars we are spending on
advertising 'in the newspapere, the alternative was, that if you did go out by
certified mail there was an alternative.
Mr. Fernandez: No.
Mr. Plummert Excuse me?. State.
- Mr. Fernandez: No, not at all.
Mr. Plummer: State Statutes offered an alternative to advertising in the '.
paper.' Excuse me? All,I'm. saying. is that we said.let's
y B go to the mail- and
eliminate- the hundreds of thousands of dollars we are spending .in,the:paper.'
I thought that is -what was prompting this thing, to save the money ,and let the
applicant; pay for it.
Mayor Suarez: How about if wetakethis up on a different day? We've got
three -or four items left -that -you know, really. absolutely have got to-be'heard x
today.
Mr. Dawkins: We thought it is not controversial.
Mayor Suarez: Yes, the idea was to take it up as...
Mrs-: Kennedys Yes, so did I. Nobody said... J'
Mr., -Pliumeri Well, can we :change .it? _ ; No, you can't, you: can't increase on
this.
Mrs Kennedy: How important I it, Guillermo, to pass this today? yr
r.. ... C4
Mr: Olmedillo. It is.important because that would make the mandatory
�' ,- �•. r is n t.
t Mayor:Suarez: Well, I am going to ask.vthe.Commissioner please as a concession
'to bring up the matter of certified mail_ at another..we can always "change,
the:, ordinance to. reflect it.;,, Is thatr right, J.L.?
Mrs. Kennedy: Yes, why.don't we. deal with,this.a
Mr. -.:Plummer.:- That's.:fine.
Mrs.;, Kennedy:' ; OK,:, great. So moved.
Mayor Suarez;:" Call- the . roll.-, iThe ordinance has" been. read: right?:: F
y3
Mr. Plummer: Yes.' g
Mayor Suareis; . Callr the roll: '.:.,._.
y,.
AN ORDINANCB;'RNTI=D;
AN ORDINANCE pS AMENDRD, AMENDING ORDINANCE+NO,r%ASOO,
As AMENDED, THBr..ZONX .ORDINANCE OF .SHE CTTYf OFF ZA ', r�4 � , FLORxDA, RY`lBNDING ;:8$CTiAN 250i, ,REI;TAINIMG TO CLASS
C 8P8IAL ,PRRMIT3, . ` TO 'ALL0�1 APPLICANT TRANSIiITT$Ar
z �QA TBSY C RTIFIBA 5 "Aid X0,T1YICATION r. DF��t'�L /1T�
i..�..W* CXNT 2' RO RTY
4 ��!!/+[.�VAS�i a ,.`..�AM���I.LA
ASSOCIATION$ AS.;AN OPTION= AND; AMENDING GIQN./ r e
8Y C01tRNCTING SCRIVRNRR ! S RRRORS Aid, PROVIDING
NOTICE OR CIiAN03 TO ZONING ilIiAINAl+TC$=>TRXT
,..� �s
OF..DS��tICT REGtTATION. SIiALL, SE �30I.l3,Y: SY PLIELZCgTIA1' izY3, w;#�
ON�ATNI�IG A RESRAISR 1'RQpIS ON AND A 4RYERASxLi 'X t i' �
-r < i ,, <
�i.Ap3E s,
c
t F s r'r^ iy rka {
'd3
Mat introduced by Comissioner Kehnedy and seconded by Caftlooioher
— " Plummer and *a* passed on its first reading by title by the following votat 1
AYES: Coftlosioner J. L. Plummer, Jr. '
Commissioner Rosario Kennedy h
Comfioissioner Biller J. Dawkins_
Vice Mayor Victor De Y•urre r
Mayor Xavier L. Suarez r
NOES: None.
ABSENT: None. L
The City Attorney read the ordinance into the public record . and
announced that copies were available to the members of the City Commission and 5
to the public.
53. FIRST'READING ORDINANCE: Amend Code, Section 62-55 - require applicant
transmitted: courtesy certified mail notifications for Planning Advisory
Board, Zoning Board, and City Commission public hearings -_ provide, _for
applicant responsibility for notice of pending administrative action on
Special Permits to adjacent property owners or condominium associations.
Mayor Suarez: What was item 23? That was noncontroversial.
v
Mrs. Kennedy: It's a companion item. Move 23.
Mr. Olmedillo: 23 is the amendment to the City Code which is a companion to
PZ-22: �.
Mayor' Suarez: Do, we 'have a motion on this?
Mrs'. Kennedys Yes, t.move. r .F
1 v £
Mr. Plummer: Second. �
Mr. Rodriguez: Shall be amended as before was 22 amended by Cotmnissionerr
Kennedy:.
.. ..r
Mayor Suarez: 23 has been moved, do we have a second?
—_ Mrs. Kennedy: 'Yes#.Plummer seconded. Please call the roll.
Mayor Suarez: Read'the ordinance, call the roll. t�
AN ORDINANCE ENTITLEDK
s�
AN ORDINANCE AMENDING"SECTION 62=55 OF THE CODE OF THE zr
CITY OF MIAMI, FLORIDA,=AS AMENDED, .BY,CLARIFYING THE
REQUIREMENT OF COURTESY -`MAIL. NOTIFICATIONS'-. FOR, ,
PLANNING ADVISORY BOARD x'
ZONING." BOARD' AND CITY
A �
COMMISSION PUBLIC HEARINGSt . MORE-"- PARTICULARLY,BY �
f
AMENDING, SECTIONS 6255, {;Mf .(4)y (g) AND:'. BY ADDINdL,A
NEW ?SECTION 6555(6) PROVIDING 'FOR "OPTIONAL `NOTICE..OF
PENDING ADHINISTRATIVE'"ACTION ON':$PECIAL MRMITS;:.TO
ADJACENT PROPERTY.' OWNERS "OR 'CONDQMINIUM ASSOCIATIONS`i
CONTAINING`A ° REPEALER " PROVISION'A SEVBRABILITY'
,. CLAUSE; PROVIDING AN BFFBCTIVB DATE,
IT
Was . iAt`irodused =bq Commissionar ,Kennedy and secondedt` b C
�r*k
Plwnaer :and was passed oa its first reading by tltl�a by` tha=foll smog t►otp , 17r "
0
t 17
1 Y Y J
IY T
-
Y _
7t sir r ayrr k-s: ia,
i,�,�??. .. ,. • ` , .. Y.,_ „- �, .:;.. .,., „ . .., ,.r::� + ., . _..,.. _ .I 3rr,,,,#',+R 4,.,.i�:!"Y,�,.tnfr`r.��«r�,'r. ! .l# _
I
AYES Comalssloner J. L. Plummer, it.
tomissionor Rosario Kobbody
Coftlssioner Miller J. Dawkins
Vice Mayor Victor Do Yurre
!Mayor Xavier L. Suarez
r
NOAS: None:
ABSENTe None. +�-
The City Attorney read the ordinance into the public record and
anuounted that copies were available to the members of the City Commission and F
to the public.
54. FIRST.,
READING ORDINANCE: Amend 9500 - amend SPI-5 Brickell-Miami River
Residential -Office District Provisions b3► changing chars in " permissible retail r
and service uses and limitations pertaining to size, ground floor
location and accessibility of establishments - change contributions to
the Affordable Housing Trust Fund - add certain public amenity uses, to'
the retail bonus, etc. G
Mr. Plummer: I ask 32, Mr. Mayor on first reading. T;
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded, item 32. 4�
r Mr. Fernandez.;,Which,one?'
Mr. Plummers 32 on first reading.'.
i Mayor Suarez: Does : aagone .wish ' to , be_ heard: ; on;:item 32?. ;Let the record.,, N`
reflect that no one stepped forward and it is presumably noncontroversial:
�. Mrs. Kennedy: m. reading on 24:-
3 i.
Mr. Plummer: I.moved : 32.
Mr.. Fernandez: :I'm reading32.
s, Mr. Plummer:
AN ORDINANCE° -ENTITLED- +<
AN ORDINANCE AMENDING ORDINANCE;NO,` 9500, AS AMENDED, sk
THE ZONING ORDINANCE,OF,.THE CITY OF:MIAMI;:- FLORIDA , BY i#
AMENDING SPI-5:: BRICKELL-MIAMI:; RIVER ;RESID$NTIAL
OFFICE 1 DISTRICT ::PROVISIONS; SUBSECTION%",,'1553; 2:--, BY
CHANGING PERMISSIBLE .RETAIL AND , SERVICS-:, USES;. ; AND j
i.IMITATIONS'•PERTAINING TO?.SIZE GROUND FLOOR LOCATION. Td
AND ACCESSIBILITY OF ESTABLISHMENTS; SUBSECTION
BY .;:-:CHANGINGa' THB :CONTRIBUTION TO THE
AFFORDABLE, HOUSING TRUST .FUND FROM .FOUR' = D. LLARSfi
.5st
($4.00) PERj :SQUARE FOOT:<TO:.A• MAXIMUM OF._:SIX °DOLLARS t, c '�
,,AND SIXTY SEVEN CENTS
46.67) PER SQUARE : FOOT; ADDING
CERTAIN PUBLIC'AMENITY USES TO".THE RETAIL BONUS''AND
�x}
'�' +CHANGINGstACCSSSIBILITY AND GROUND FLOOR FRONTAGE
r Xyf �12 y •y
REQUIR$MENTS, PROVIDING A -. NEW SQNU$ FOR CiiILD., CARE,,
AND + CHANGING : THE .:TITLE ;'APPRQPRIATELY; SUBSECTION
a ,
`-1¢56.2 S - , W" EXCLUDING,- CIRCULATION AND OOMMON
TH& 't: RETAIL ,x AND ..-SERVICE F, (►' R. LIMITATION�Sj s
SU88EGTION ' . 556 3: 6.1; BY MODiFTING_ THE < AMO
REQUIRED URBAN :PLAZA :SPACE i? SECTION.;1958t`; Bg w x'
RCREASING THE tiAX HUM PARKING • LIMITATION$ .I+'OR, : �TAx14 x' �
6 y
.RESTAURANTS,' BAR NIGHTCL$
S r . , SUPPER •.-CLUES, � , a �> � s � � �,.,, ,
THEATERS, ANA PAOVIDING•`AN EFFECTIVE DATE -
-
��
73
Via introduced by C6fti§sL6116r D&vkifla and teconded DP Commissioner
Plummer and vas pissed on its first reading by title by the following vote:
A'fCESsoissionet J. L. Plummer, Jr.
Commissioner Rosario Kennedy
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-vere available to the members of the City Commission and
to'the public: ,.
55. EMERGENCY ORDINANCE: Amend Code, Section 62-61 (Schedule of Fees) -add
fee to cover cost `of mail notifications to the public of proposed s.onibg
changes'- modify fees for Major Use Special Permits intluding;`DRI's.
Mrs..,.Kennedy: OK 24, move.
Mr. Plummers Second:
Mayor Suarez: Moved and seconded, 24, read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC,
RECORD, BY TITLE ONLY:
—I a
Mr. Plummer: Justify the'emergency!
Mayor'Suarez: "Let's get the reason-for''the emergeney-here please..
Mr.=.,Genuardi: We, have. to -notify the public: according to' -the+ L amendment;
Code," that: was passed a few months ago and this was.
_ Mr. Plummets Thank you.
i ;Y i
- Mayor Suarez: ''Call the roll.
AN ORDINANCE ENTITLED r,
4
AN EMERGENCY ORDINANCE AMENDING SECTION 62-61,
SCHEDULE OF FEES; OF THS:CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO ADD A FEE TO COVER.THE COST OF
MAIL,"NOTIFICATIONS TO THE PUBLIC -OF PROPOSED ZONING'
CHANGES OR MODIFICATIONS; FURTHER,` MODIFYING`FEES FOR
MAJOR' USE SPECIAL PERMITS INCLUDING DEVELOPMENT OF
REGIONAL IMPACT DEVELOPMENT PROJECTS; CONTAINING A
REPEALER PROVISION AND A'SEVERABILITY"`CLAUSE.`
Was "introduced' -by Commissioner", Kennedy and secosded .by Commissioner
Plummer, for adoption an an, emergency -'..measure., and disponsiag frith;the
requirement of reading ' same on tv:o -•*Operate days, which' �►asK agreed 'to Rbyth� `
f6110WIng �iOtei
AYES: s Caami'saioaer J ' L. Riumider, Jr.
r "CcMmissioaer Rosario Kennedy
,.., _CoaoRoiaeioner;Hilier J. Davkips
Vice tiayor Victor De Yurre'
p X
s Mayon Xavier L. Suarez x A �3t ^�`yfpI4Lia�s
NOES: None.
�y£����
aq,
ABSENTS T tiK Nome, x p ¢ k �� ;
1
,
ti k.
Whereupon the CoMissibn on motion of Commissioner Kennedy and seconded
by,Cowissioner Plummer, adopted raid ordinance by the following votes
- AYES: Commissioner J. L. Plummer, Jr. :
Comissi6ner Rosario Kennedy
Comissi6ner hiller J. Dawkins
Vice Mayor Victor De Yurre
Mayor Xavier L. Suarez
ROSSI 'None.
ABSENT: None. - k
SAID ORDINANCE HAS DESIGNATED ORDINANCE NO. 10565.
A -
'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. r?
I 56. FIRST READING ORDINANCE: Amend 9500, Schedule -of District.Regulationso.
CR-1 Principal Uses and Structures- authorize financial institutions
j ..,without drive -through facilities - change references from "drive-in" to
"drive -through".
Mayor Suarez: PZ-29. What is the item, Guillermo? Is it a Planning'
Department item?
Mr. Olmedillo: I will tell you.
Mayor Suarez: I. think Dr. Theede wants to be heard on this.
Mr. Olmedillos•.PZ-29. is an amendment;agaia,.to Zoning,.0rdinance9500.
_ Mr.,_Plummer: That.'s not noncontroversial. `
:• !Mayor r Suarezv .No, ,: it -- isn'.t,' but Vice Mayor has ,,been -asking for:.,ft to, be heard rR+ 1
-out: of turn.' T 1�
Mr Olmedillo:'. This will establish the,, drive-through._whicht is. sight ao* q
limited-ia:the;CR district to be located. at ;;the corner locations to. be inatbe`
middle:-of.the block locations as long.as,it has two street frontages
Mr.: Plummer:: Well,: yoWd -better tell everybody in the grocery. •store to Igo r
home because we are going to be:after;9:00 o'clock., x ;
ri
3 iZ`2
- Mrs. Kennedy: We can hear both items.
Mayor :Suarez: We're going to tryto :.hear. both. If start on. the.., other;: =one
before,9:00 o'clock it is a policy of this Commission to .finish it,;: I<don,'t
see why._ we.:couldn't do both.
Mr. Dawkins: But if you start two minutes to 900,il"leave!'. $max
Mayor .Suarez: Dr. Theede is going to talk for an hour)
cf4 S
Dr. Tbeede: No,; I'm not and I'm asking everyone to stag because I Want to,
state first that. this is a special... I'm,ongry,now, :I'm losing .my - coOl,l .This
is. a `May'.to.avoid •.Dsraett. 8aak cominBi befdrs ;thi ,Commission anti "+ei t
spepiAl tzoniag chsags ';';This:: is pot';<t:hat ; it: is ,proposed to ks�, 1Su ii s` lA,b
special ,aari�tace::;esptaislly ,for :Barnett Bamk ;:sad 14t►4nx ;;the,Qtpmis.+ssg�ct� __
understand this_+is .he presento it, so:;.i can rebut it accordingly. �+±
lleyox-wares: let'.sl:suppose for a� prQcedura].. 34 ou that I is Ail to;sr�k _tD a&
question. ; 1.et'a suppose that she is . fight, or. ahai < oue bowls iF_
establish:.., Nr:. City;-Attosney; : plegs.e make+ �Sur�t��#a?�, ypust�#t ,anPivai,, s� e��
�*
l am 6o%aB: to ask you a lsgal question... th�it Qma aoVlcy
sad 3 gueedbQoe'zaauld. u4vez� Pr4�Ve::..it for slu�o� 1rwtS,thoUr- ►i.1 AS
change` ofCit��
r= y<�.11Qrdii�aoas,' tD �,sRe9if.i9a�.iy� b�sent �opa �ateovksi* ��F�� ��>; •
-
i f,.t5,.fyr4
xk
77>
a
Does that mean
that anyone, in this case,
myself, whose Is,* firm represents
the bank, that
she just refarrad to,
Barnett Bank,
in some matters, that I -
should abstain,
or is that a non -binding
argument?
What Mould be position in
that fituationt
Mr. Fo rnandez3
This is an item which
is really, the applicant as it statis6, r
—_
16 not the Barnett Bank, it is rather
the Planning
Department. The argument
as ma be understood
that Dr. Theede
is making is
that a could be, in her
y
opinion, it would benefit Barnett Bank, to that's her argument, that's her
R
opinion, but in passing on item 29, there is no conflict for you._
Dr. Theede: Mr. City Attorney, if these people will testify under oath what_
they have told me in person, then it has to be Barnett, because two of the
members of your staff have specifically told me that this was set for the sole
because
purpose of preventing a suit by Barnett Bank against the City of Miami
they made mistakes in permitting a permit to be issued.
Mr. Plummer: Wall, let's call those people up, put them under oath and let
them testify.
Dr. Theede: Mr. McManus, and the other gentlemen whose name I can never
pronounce, sitting second from the screen, Mr. Genuardi. Would you please
come forward? - especially you, Mr. Genuardi. On Monday before Barnett Bank
was supposed to...
- Mr. Plummer: No, no, now, whoa, whoa.
Dr. Theede: Oh, I'm sorry.
-
Mr. Plummer: Have them sworn in. He goes to jail if he lies. His nose grows
longer.
(AT THIS POINT THE CITY CLERK ADMINISTERED REQUIRED OATH UNDER ORDINANCE NO.
10511 TO THOSE PERSONS GIVING TESTIMONY ON THIS ISSUE.)
Dr. Theede: On Monday before Barnett Bank was to come before the 'City J`
Commissiom'to make application for a drive-in facility adjacent 'to' -my property
I came' and- I sat and talked with you "late 'inthe afternoon and went` over'"with `
you atep by`step'the 'fact that there was no zoning available for any drive in';:
bank or any -bank facil ity adjacent to my property or to the "side , or,� to `the
_� south. ' : There* was"` no provision for any drive-in facility, any, financial
facility to be placed In the middle of the block. We discussed`this. at great
I length. The following day you'told'me-that you would have "to discuss this" '
with the attorney.The following day you called"me-and said that the attorae
6 y.y s y'
for the City of Miami was going to withdraw this application, but when we' - came" µ
_ here" on 7 Thursday, somewhere in the great back .land,' someone`' stated that
Barnett Bank had withdrawn the thing"while' Barnett' Bank was standing `here'With
all of their things. Then the following,week, I approached you ` and 'I" said 4hy
did"this-occur? No, I'm sorry, it wasn't the following week, it-was`some t"ime:
later `-when' I found out about the existing ordinance and I " asked you why'did T
this occur? - and you told me, Dr. Theede, I had to, because I' didn't want'to
have a suit''against the City of Miami because we granted .'Barnett Bank a' -°
permit. Yes; this was put in specifically for Barnett Bank and this is`what
you told mt. Sze
r>' f
r
Mr. Joseph Genuardi: I never said that to you. I deny that. I never made - ,
off. that statement that this was to avoid -a suit.'
Dr. Theede: 'All right then, what statement did you make" me?` What statement
did you 'make to`"sme?
'�. `kr
Mr. Genuard1: I "don't recall' exactly what "I 'said, but the appk4cation
they had originally, I was -looking into pit to see whether -we "should ror .si}opid R
{ not have'accepted and before I finished that," they withdrew the appiicat"ions r x
—� but ' I never made -that `statement - to you.
M
Mr. De "Turret =-OK, "-that I it'.
Dr.- Theede: OK, Mr McManus; would you please come to be sworta ;in.
(AT `THIS POINT 'THB CITY - CLERK ADMINISTBRED QTJIREp OATit UND$ i Q�tDiNi►�I ;t riQ, nLq -
r r
10511TO Tlr-=PBRSON$ GIVING TBSTIMONY ON THxS`'�SSUI3'.
—
�
f ti
Dr. Thb6det Me, McManus, ot1 sowil otcasiotie we have talked and youly* been
'
Very tanerous and very kind with your time. You hs,ie rievo t said that this Wit
bade for Barnett Bank, but I he** speeifically asked you wag thin for Barnett
-
Bank and you have never denied it. Your question to toe when l asked you, Wit
this for Barnett Bank, you said, is Barnett Bank a second close citizen? haws
you not said this to so?-
-
Mr. McMahust I believe it vas in the context of Barnett Sank should 'bye
considered as with all other citizens or corporate citizens in the City of
Miami.-
.
Dr. TheedetThis I agree with you that it should be, but should the City of
Miami write an ordinance just for the Barnett Bank? This is my question to
you and what was your answer to me?
_
.ti
Mr. De Turret Ma'am.
Dr. Theade: Nov air.
Mr. De Yurret No, no, yea Ma'am. Yes, Ma'am. This is not the way we
function on cross-examination. You can make your statement and then he can
rebut it and say.yes or no and that it's it. I'm not going to get into this
_
back and forth, no way at all.
Dr. Theede: Yes, air.
Mr. De`Yurre: OK, so make your statement and then he can, whatever he has to
-
say about it, he can testify to it and he is under oath. You make your
statements to the Commission.
3:
Dr. Theede: All right sir. Commissioner De'Yurre.
Mr. De Turret Yes, Ma'am.
Dr In an effort to make sure that all of the City of Miami has the
:
.Theedot
same and equal rights, I feel that one particular person should not be a
_
beneficiary -without 'all of the citizens of Miami understanding at is 'going
on'.% Now, :-the 'argument or the discussions because it was not''an argument
between" ->this gentleman -and" myself, but ` was a : constant 'play withvords of is
x,r
this for Barnett Bank, and he- never once denied' Lt and his counter'statement
_
was;alwa s should Barnett Bank be classified as a second class citizen? He,
never once said this is not for the purpose of benefiting Barnett Bank. Never
3�
once :did' he say < this: My feeling is that - if . it' 'weren't for" the , benefit of
Barnette.Bank, he would have -simply" said, no, Dr.' Theede,-it's :no `''for the
r
benefit'ot-Barnett-Bank. This is my'feeling, this is my opinion and I think
f
that this would never have occurred if I had not come to Mr. Genuardi.and
said,, -look,' you cannot put a financial institution in the middle of the block
--
because" ° it '3s not zoned. If, ' I'd kept my 'big fat mouth shut, which -I should
have 'done"and`waited until the Barnett Bank made their presentation and said,
hey, look, you cannot prove legal hardship, then it would have been denied.
#
You know, I try to be an honest, open person. I don't try•to'play
tried to play -games, I'd have kept my mouth shut and -.I wouldn't waited until
Barnett Bank came up and then the case would have been closed and that would"
have been, that because they -cannot prove legal hardship. - `I •ve gone 'through
all of the records in the City ' of Miami. " :Harnett 'Bank had the opportunity,,
legally to put in a drive-in facility - an 3Pt-5 because it is allowable.,:,'—,i,
=
They built a bank, there -"is not one single. letter, there" is notone si4t4
comments-. on file - telling them that y theare not, " allowed to : put- ' In . a 'd.rive :iA
.
.
facility,. = ,By their o`m `choice-they,chose,bot to" put in :a';drivq�-ia sfacil ty
where=they could,, so they have no legal hardship, so the only way that -
can, build adjacent to me is to do the.way they have done. Now$. what has
been -brought out 'is-that-they_-"are;.proposing to put in.a:drive-ia.,facility
f i
T
to` resident's back yards and there are people throughout "the,City ,,of Miipai
thats are.;not aware-'. of what -`-I on,",.booause 4this, was .designed.,
wedged in in the middle' of permittingdrive-in facilitiesi.°oh
vocabulary ..and" when you lSates t� the tape, Mr. ' McManus me 'a OX u tly ►` r�4 � i
,
presentation on the necessity of changing vocabularyi ;and ,thetam Qaeriti<e�
F§`
Reatonce+"he' includesLL and ;we will > do eQ sad and then he goes ka►pk,ripj;o
.eo,
his presen>aton of the needy, of the changing 4f ttae `cords sad ib ji ss� t ;���
right kogh;ouigh without anybody:: quest°losing it. ; �h+t is tal a�a�ar,t s;� EIS
because I Teal, this is: my own opigipa, that, thersa ha8 $�mt`y,'
5
a v
a'
-
G
misrepresentation by the department heads about what is going on. There has
been a slarepresentation of who is being aided, and this is why I feel that it
should be recognized for what it is and this a spot toning changing for the
benefit of the Barnett bank, and has nothing to do with the need, all of a
sudden, in an emergency form to change the wording from drive -through to
':-
drive-in, or whichever way it is and stuffed in the middle of it, like a
typical "congress boondoggle," is a changing of allowing banks to put in
something in the middle of the block. What does having banks coming in the
middle of the block have to do with changing wording of an ordinance? They
'_
are totally unrelated and it's just simply put in there to slide it through,
and this is why I still feel that this specifically a Barnett Bank spot zoning
change. I feel that if you give me a chance, I will go to the neighborhoods
and show these people exactly what is going to happen to their property and I
don't think they are going to be happy about it, because this already... L've-
_ been here now for four months, and nobody likes their property being devalued
and nobody likes exhaust fumes and extra vehicular traffic. This is what` it
Is going to amount to in the middle of the block vehicular traffic that is not
a
presently allowed. Please forgive me`for being angry, but I'm the one that is
going to have to breathe the fumes of 400 to 600 cars a day, and I don't think
anybody else would be happy about it too if they knew it was going to go in
their backyard too.
Mr. De Yurre: OK, thank you very much.
Mr. McManus: Mr. Commissioner, let me say that Dr. Theede is quoted me as I
understand, about three sentences to the extent of about 30 seconds and I
agree, that's what I said. I of course, do not necessarily agree with any of
her inferences or implications that follow from that. Thank you. .;
Mr. De Yurre: Any further comments from the Administration?
Mr. Sergio Rodriguez: The Planning Department recommends approval of'the
amendment to the ordinance.
Mr. Plummer: Explain to me the difference of the terminology drive -through
and drive-in.
Mr. Olmedillo: Drive-in is a reference to something that'you go in, bike the r
old drive-in restaurants, that you were served in your car. Drive-througs;,
somethingthat you k
y go through, get service and keep going through and it's a -
more correct, we can say that, it is a more correct term to use and that' a
what we are assuming that.
— Mr. Dawkins: OK, when I go to Wendy's, when I go to Burger King and when I go'.
to Popeye is, and they say drive -through, and you are driving through with
food, now how do you make a difference there? 'r
Mr. Olmedillo: Well, that is the difference. In our ordinance -it reads,`
drive-in, and it should read drive -through, this is what I am' trying -to
explain to Commissioner Plummer._
Mr. Dawkins: But you just said that in the bank it's driving in, but when it
s
is referring to food, it is driving through, now you are saying...
Mr. Olmedillo: No, we are making it all to read drive through and: everything.
was drive-in in the ordinance, in the language of the ordinance. jtr
Dr Theedes` But stuck in the middle of it is a change to put in banks that
never existed in that ordinance prior to this time, so in reality you are, not
changing drive-in and drive -through, you are making a total change to the LL
ordinance. Fly`
Mr. Dawkins: Is that a true statement?
Mr. Olmedillos That is an additional statement because... rs
Mr. D&4kins: No,'' no, is that a 'true statement?
°Hr. Olmedillos That is a true statement.
Mr. Dawkins:' OK, not tell me why, Oleaas' 6 4FY �
Mr. Olimedilloe Yes, the cornn-rcial district had a provision by which you
could only have drive-throughs at a corner location. Vhen we want back into
the reasons why that was stated, is because you need two access points to cold
In, and go ' out at a different point in the property. Now, if a property is
located in the block, not at the corner location and you have two frontages,
two street frontages from side to side, then it provides the name
possibilities of access, that is two *treat access is the same if it is in the �-
corner or if it is within the block.
Mr. Dawkina: OK, 1 still have not heard her question answered. Why did we
insert banks that was not there and her argument is you did it to pacify a
bank... to accommodate a bank.
w
Mr. Olmedillo: No, the drive-ins are for banking facilities in the commercial
_ district. It is not addressed specifically for the bank. It may be a drive
through for a McDonald's, a fast food chain, it In the drive -through generally
speaking.
Mr. Plummer: What does that do to the ordinance that I got passed about
stacking in a drive-in facility?
Mr. Olmedillo: It does not affect that at all. At the time that study...
Mr. Plummer: Does that ordinance apply to both drive-ins and drive-throughs?
Mr. Olmedillo: The title is only drive-ins that we were using.
Mr. Plummer: I understand that, but now if you change the terminology and you
go to a drive -through, does my ordinance then only apply to drive-ins?
Mr. Olmedillo: No, because we are changing all the language in the ordinance
to- comply :with the drive -through terminology. In addition I would like Joe
McManus to state on the record, because there is case law to the definition of
drive-in and drive -through.
Mr. McManus: Commissioner, the reason for doing this is there is some case
law in,which the judge threw out a zoning ordinance in which the term drive-in
was used in terms of the old arrangement where car hops Mould deliver food
with a aittle tray at the -side of your --window. The preferable term -aow.is t
drive -through,. to represent the-., actual situations in: which you' stop at -a'
window,.are served and you drive on.
Dr.:Theede: Excuse:me,.please Commissioners, listen to me.
Mr. Plummer: I'm sorry, may I hear,that again, Joe please? I'm sorry. 4zE-
Mr. McManus: There is case laws in which a judge threw out a'zoning ordinance
■ that, referred to a drive-in,when in fact, what the ordinance should have
referred to was a drive -through. You know, there was a legal::. argument back
and forth. A drive-in, being the old car hop situation where you parked your s
car, a pretty little girl would come out and deliverfoodon the ,aide.`of;,your
tray there.
Mrs. Kennedy: That is so sexist. That is: such a sexist remark,. I~can't tik:
believe it coming out of you!
.max
100101 Mr. -Plummer: No, Rosario doesn't like it, -she would like an::ugly-little girl
to;. come -out _ and serve.
Mrs..:Kennedy: No, a, cute little• man.
Dr. The'do% Honorable:Commissioners, out of place!
�.
Mr. NcHonus,s: What, :Ns -:are- trying :to. do is." get to,; the. more Rccurats �tsrss, <; r �r
r drive -through. You are driving in...
i1rr. '8 ummer:: All 'right, :.another. question I have. You are.' t lkiaq N,
street to street to street. ' What happens if you had a parcel
stiff icient: an sire . to ,wherq you could drive in one side of the praperty�
s half circle, come back out the other side of the property.
t
JJ�9 n y'
r�#
r C
Mr. Olmadillot You are either at the corner, or
frontages; the idea is that you Mould have two street
Angle or parallel to each ' othbr, but you cannot have
*V" turn within the property. You must have...
Mr. Plummer: Why not?
you have two street
fr6ntaa6b, either at sa -
what you are saying
Mr. Olmsdillot Because you are getting in and out within the same vehicular
traffic path and we are trying to do is...
Mr. Plummar: it it doesn't impede the traffic, what's the problem? What
happens if you have... look, t understand Dr. Theede where she's coming from,
and I understand that clear, but this now.will apply to everywhere this zoning
applies.
Mr. Olmedillo: That is correct, every CR district. s'
Mr. Plummer: OK, what happens if in the case if you are facing on one exit, a
totally residential section and the entrance you have a commercial area?
Mr. Olmedillo: You don't have the valid zoning classification, therefore you
cannot...
r
Mr. Plummer: Sure you do.
Mr. Olmedillo: No, if you have...
Mr. Plummer: Across the street from 8th Street there is a difference one side
s to the other.`
Mr. Olmedillo: You must :have at least" a CR district to go from one side to
_ the other cities otherwise you can have the drive -through only'on one...
Mr. Plummer: You are, saying on the 'other side of the street, what it is
facing. -
�i Dr. Theede: Your ordinance is not written that way.
Mr. Olmedillo.. But if"you want to go through, in order to be able to traverse
! the lice of'the'zoning district, both zoning districts must allow"the use,
otherwise .you can't do it. Let's say if you had a residential on one side of
{' the' street `and, commercial oa the other side of the streets you could not
through' with a drive -through '}
4. Dr. Theede: Your ordinance as it is novawritten, does not state that.. Your
- ordinance as, it is now written, that you are proposing to be passed simply .
says CR. `. It doesn't say anything about CR-1, CR-2, or ' whatever. Now ;this,
1 please forgive gee; ' Honorable` Commissioners, this is a big,` fat smoke.. screen:
They are not presenting the truth to you. They are trying to 'cover the fact
f that they are .trying to make a major zoning change throughout ;the.whole`Citq
of 'Miami, the whole City, not just adjacent to my property so that anybody 'can „
Put in any financial institution in an area that is adjacent to a home area..
This`'is in the'center of the block and our presence ordinances does not permit
any type of banking facility, any type of banking institution in the middle of
the block and`the drive-in is`a smoke screen. What they are attempting to do
■
�j is to rewrite a major ordinance to allow financial institutions to be inthe a f,
center' .of` the block, adjacent to residential' areas. Th4 'drive=ia" and tha�r<
—a drive -out is simply a smokes screen..„"
Kr De Yurre: QK, thank,you,very much. Commissioners? Any motions?
Mr.'Dawkins; Yes .sir Mr. MacManus.
'ytkr„
figs. Kennedy: I„move that we uphold the i'lanaing Aepkrtment'a recommam�atioo
!ir . Olmednio", -' That is in a
pproval of the amendmant which Mill allow► then
drive-througha, a the middle of the block
a-. t
' t!r De Ytgrrst I.e ,the're a second?
!fix De . Yurre: Ggmg oaoe, going twice... I'' 11 aeaoad amd T l i tw�ca l x fiver,p Yt
�r
4 118R4 All
sI f,
B� .. .. _ •fie —
tom•
Plu>saer: Notion and made, and fully understood. Atiy
further discussion by
t�lr=
the Comdaitry
ssiont Under discussion, 7I would hale deratand it tarred a dThat�snbK�oth s
to look at it 'more further. What call the roll. Read the
Onlyfirst reading, that was his comment- OK►
ordinance.
' CITY ATTORNEY READ THE
THEORDINANCE INTO THE PUBLIC
REUPON, THE
RECORD, BY TITLE ONLY.
I'm going to vote with
for the right on second reading. At -
the Plummer: Motion understood. and I will reserve my cord, o give me the '
the motion on first reading but just t g
this time I •m not in favor of ghat I am hearing,
vote with the motion. —
opportunity to look at it for another 30 day �.
Call the roll.
AN ORDINANCE ENTITLED`
ING ORDINANCE NO. 9500, A3 AMENDED, t:
_ AN ORDINANCE AMEND FLORIDA, BY
� ZONING ORDINANCE OF THE CITY OF MIAMI,
AMENDING THE SCHEDULE OF DI S$ IC AND REGULATIONTIJRESAGSTO
6ITHOUT
, CR-1 PRINCIPAL U }..
GENERALLY. FINANCIAL INSTITUTIONS
pg W
AUTHORIZE, BY.SPBCIAL PERMIT, ALL
DRIVE -THROUGH FACILITIES AND, AMENDING
TYPES OF DRIVE-THRO1 DISTR CTSGH IE OF FURTHER, OF SAID
THE CG-1 AND z,
SCHEDULE AND COLUMN AND SECTIONS 2031 AND 3602 OF THE
ZONING TEXT, TO CHANGE REFERENCE FROM "DRIVE-IN" TO
"DRIVE -THROUGH."
and seconded
ing by Commissioner De
Was introduced by Commissioner Kennedy
by title by the following vote: -
Yurre and was passed on its first read
AYES:
Commissioner J. L. Plummmr, Jr.
'Commissioner Rosario Kennedy s
Vice Mayor Victor De Yurre
,a
NOES:' Comnissioner.Miller J..Dawkins
ABSENT: Mayor Xavier L. Suarez
COMMENTS::MADE.DURING ROLL -CALL:'
Mr. Plummer: to vote yes. As I previouslq stated I have some
I m going .�
questions. and I cant to give them resolved. At this .particular time my,
_ tendency is not to favor, but that's where I am at presentlq. t
read the,' ordinance into the :public record and 4u
The City. Attorney - zY
�■; announced that 'copies were available to the members of the Citq Commission and
to the public.
ay I.ask a questions
Dr... Theede: H"s
Mr. Plummer: Sure.
Dr: Theadec`.Will you has
the various homeowner associations?
Mr.=.Pluamner:: Yas !!a am, second reading y
ou..can bring ia,'anybody You Neat
'sr I'm,askiug .for resew
ation;of the whole place.
Dr.. Theede:. z {s
1p 1
- Plumme 'got it.� fu;
r:.tt You ors tr ur �_ z�
.A
A+�wkias: Incivfing. my 'se. at. r 5 w� *ie z:
x
our. seat 4149, because I ' am :goi3►g >o fight thiea t dA ��^
Theede:. .Isalpdiag y
rk r
to the last drop.
j t!r. PlutnmeRs: There is no Question in my,mind.
2' 9 a s T a ii "r iP s6{i£ZXSC3d.
�; Mrs. Kennedy: It's 9:06 o'clock.
Mr, pawkinst 9:QQ o'clock.
1 r t h
Y 1
t
,. tt - .. .. ,._ . _ rF, . , .. .4.a .. -.. ..n..•s,..'^erar.+6al_'� why' , _ � _ -a na �.:
.
�',
v,
Alt. Plummert We will see all of you on the 27th of April. -
31. A. Discuss and continue to April 21, 1089 appeal by applicant Joaquina
Concepcion Zoning board's denial of special exception to permit existing =
offelte parking for the parking of private passenger vehicles only in =
{`
conjunction with "El Milagro Market."
B. Continue as second item to be taken after 6:00 p.m. on April 27, the
Issue of proposed restriction of vehicular access to S.W. 28 Street,
with S.W. 26 Avenue and S.W. 27 Lane on a 90-day trial basis by ='
constructing temporary barricades across said street and lane.
Mayor Suarezt We have a policy of closing of closing off at whatever item we
are on at 9t00 p.m. Commissioners, what's your pleasure?
Mr. Dawkins; I'll move number 2, if J. L. is ready with it.
—
Mr. Plummer: Mr. Mayor, I am very close to the issue that is being deferred,
I'm almost too close to the issue, but there is no question in my mind that
_
that issue is going, to take at least an hour. I beg the people here to,
understand, that we have been here for eight hours and I am tired. I'm tired -
-
and the policy of this Commission is we quit at 9:00. Let me just make
=
some...
Mr. Al Cardenas: Commissioner,,I'd like to ask... for the record, my name .is l
=
Al Cardenas, that you place us as item number one in whatever,next agenda you
-
have.
s_
Mr. Plummer: Ali -I would say,. yes, except,item one is in.the morning and these ;—
people have to. work. >:
Mr. Cardenas: Item...
Mr. Plummer: I would saythat you
y want item number one at 6:00 o'clock
evening, that I would concur with.
Mrs. Kennedy: I agree and I would also like, Mr. Mayor, for 'item number two ^`
to,be the,neighbors of SW 27th., They have been _here also .several times. k-
Hagor Suarez: Yes and, in the whole schedule .of, items, we. have to be a ;
s
.the
little bit . more mindful of items that have.. been in fact postponed at ,least-.00'
_
once. _.These. two items obviously should be at the top of the agenda. Now,
�•
you want a time certain, or do you want to be the first item? 'sue
Mr. Plummer: I would say no, now I know these people, Mr. Mayor.
as
Mayor Suarez: I mean, do your...
1
Mr. Plummerr I move that it be the item scheduled at 600 p.m. on the zoning
'
r�3
Agenda. That will give ,everybody the opportunity to get away from, work and
get here without losing a,day's pay.: Y
4:
Mayor Suarez: We've had. more. than one.'item :that has ;had.to be deferred. $fl;��_
There is a gentlemanright behind you who has been here for three_, 'four ;tiimes
k .
for his item. We're doing reasonably well at going ':through We very seldom r.
have to'.delay ;more , than one meeting, .. but this is the 41rst ire,. delayed tr
r .
.time
this ,item apd defer on, it.- OK, Aurelio, with the understandingthat `thin rill ' Y
be set for 6:00, p.m. , and the one on the road barriers, :20,which
happened to drive through ,there, the.;,othgr`, day, ` I ala<ost knocked an your doom
2iaa x r2Y.i F#.,.
I wanted to�►hat.:this-paighborhood looked :like a-littiefor
myself, will .be -het; ,for.... ;da, you want to try for right . ifter..°; �K a
6,
Mr. Pivaanerr Yea•
d
i
j
LQ
-
tiTX
Mayer Suare*% r',.Roughly 6:30? V r y 4d'
iP
s$
q
AT ; Plummor� toughly 7t00; p.m. ,
qo
r
n
Mr. Cardenas: 8o this will be a time certain, 6t00 o'clock?
Mayor Suaress Right.
Mr. Olmadillot 600 o'clock and the other one at 700.
Mayor Buaress So moved to defer both of those items to those times.
Mr. Plummers That will be on the 27th.
Mr. Olmedillo: April 27th.
NOTE FOR THE RECORDS The Administration was directed to continue and schedule
as first item at 6t00 p.m. on the April 27, agenda, appeal by applicant
Joaquina Concepcion in connection with the Zoning Board's denial of special
exception to permit existing offsite parking for the parking of private
1
passenger vehicles only in conjunctiop with 0E1 Milagro Market," and as the
second item to be considered after that, the issue of proposed restriction of
—'
vehicular access to S.W. 28 Street, with S.W. 26 Avenue and S.W. 27 Lane on a
90-day trial basis by constructing temporary barricades across said street and
_
t
lane.
56. Continue all items not taken up in Planning and Zoning portion of agenda
to April 27, 1989. -
-
Mr. Plummers Mr. Mayor, I think that this press notice should be acknowledged
-
that they are having a demolition event on the Golden Arms March 20, 1989 at
12 noon.,.
Mayor Suarez: Move the, items please, for special settings that we just...
make that in the form of a motion, those two items. Make that into a formal
motiow to set...
Mr. Fernandez: Mr. Mayor, You also need to continue the rest of the agenda
that was...
Mr. Plummer: So.moved.
—
Mrs. Kennedy. Second.
Mayor Suarez: And also that;motion-includes specifying a time certain as to
those two items and deferring.(See NOTE FOR THE ;RECORD at end .of label 57)
Call the roll.:
The following motion was introduced_ by,.Commissioner Plummer, who moved
its adoption:
MOTION NO.; 89-307
A MOTION CONTINUING ALL ITEMS NOT TAKEN UP ON THIS d
DATE AS FOLLOWS:
—�t
A) ALL PLANNING AND ZONING ITEMS OF THE AGENDA, TO TIM
WS!
MENTING.PRESENTLY SCHEDULED FOR.APRIL17,, 1989.:.,
ALL ; REGULAR - ITEMS OF THE AGENDA, TO A FUTURE`
x,
COMMISSION MEETING.
::Upon-; being seconded by Commissioner Kennedy, the motion wan passed attd ;
1
adopted by the following votes
AYES: C si Aer.� L. ouie o Rlusmger,. Jr.
�,.
.Commissioner. Rosario ° Xeut
Co i Dawkins
� . lsAloner. Millax;: J.
G
�,
gice Naqo,>•: Victor Pe •Turre
Mayor Xavier L. Suarez EX_
`}t
NOES$ Nome.
=7:
ABS; None.
4
. ---------------------r—r---i- ----------
NOTE FOR THE RECORDS AT THIS POINT, THS CITY COMMISSION '
TEMPORARILY DEFERS CONSIDERATION OF PLANNING AND ZONING ITEMS TO
RESUME CONSIDERATION OF THE REGULAR AGENDA.
-------------------------------------------------------
i--------r---r-------ii—i�aW+. — i- .....".
S9. (Continued Discussion) AUTHORIZE REIMBURSEMENT TO CRUZ DEVELOPMENT A
ASSOCIATES, LTD. - for expenditure concerning removal/disposal of
construction debris on Block 24N in Southeast Overtown/Park West
Community Redevelopment Area (See labels 7 and 4).
Mr. Dawkins: J. L., you going to leave it alone? Let's move it.
i
r Mr. Plummer: You got to move it.
.Mayor Suarez: So we can get...
i Mr. Dawkins: I move 2.
Mayor'Suarez: Moved.
` Mr. Plummer: Second. Two regular?
Mayor Suarez: Commissioner Plummer seconds. Call the roll.
Mr. Plummer: Yes, two regular.
The following' resolution was introduced by Commissioner Dawkins, who
moved its adoption:'
RESOLUTION NO. 89-308
�3
t
y A"RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE r
CRUZ DEVELOPMENT AND ASSOCIATES, LTD., IN AN AMOUNT
NOT TO EXCEED $150,000'''FOR .DOCUMENTED EXPENDITURES t;
RELATED TO THE REMOVAL AND DISPOSAL OF CONSTRUCTION
DEBRIS AND TRASH -AND RELATED OPERATIONS ON BLOCK 24N,
IN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA; FURTHER AUTHORIZING THE CITY
MANAGER TO RESERVE THE RIGHT•TO AUDIT THE EXPENDITURES
® INCURRED BY `CRUZ DEVELOPMENT AND ASSOCIATES LTD,
■:> RELATED TO SAID REIMBURSEMENT; USING FUNDS THEREFOR IN 'r
AN AMOUNT NOT TO EXCEED A TOTAL OF $150,000, FROM 1976
HOUSING'` GENERAL OBLIGATION BOND FUNDS INTEREST
PREVIOUSLY ALLOCATED TO THE SOUTHEAST`OVERTOWN/PARK t
WEST COMMUNITY REDEVELOPMENT PROJECT CIP NO. 322029,
INDEX CODE 579103.
(Here follows body of resolution, omitted here and on ,y
} ; fila -in the Office of the City Clerk.) F
t1, Y
3. Upon being seconded by Commissioner Plummer, the resolution vas passed
. of �
and adopted -by the following vote:':.'
AYES; Commissioner J. L. Plummer, Jr.
�.. Commssioner. Rosario Kennedy ' x,
Cotataissioner Millet J. Dawkins
�.' Vicq Mayor Victor De- Yurre
Mayor Xavier L. Suarez>
t AFC t" {
NOES: None.
r f ABSENTS one
J
� s
4fL
4 i 5 Y ✓ R14 ,
r-rY.. rr-i�arirrifi�r �Y..wr Y.nr '.
T8 FOR TEfB RECOttD: AT THIS POINT, TI#8 CITY COMMISSIONtab
TEMP
DEFERS COI,iSIDERATION OF REGULAR AGENDA ITEMS TO ry
CONSID$R ITEMS ON TIDE PLANNING AND ZONING AGENDA.
—rr—r r a r r
-r-----rrrr-------rr
i
i raa-r�-i.�a-aaaa
. �aariaaa—raa�a—�a
� I--riraa—��•-r—�•rra t
f
6two separate motions prior Commission
0. Direct City Clerk to divide into
—j
action taken in connection with PZ-12 (See labels 44 And 46).
r I make a motion at this time that in relation to
}
Mr. Plummer: Mr. Mayor,
e a
voltry
3
Miami Center, that it be two separwould accept tthat casp
aa separate eitem,1IIIaso
covenant. I would move that we
move.
1 Mr. De Yurre: Second.
y Clerk.
i
Mayor Suarez: Please call the roll, Madam City
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION,NO. 89,309
A MOTION DIREC
TING THE CITY. CLERK :TO _SPLIT INTO .TWO
SEPARATE MOTIONS THE ESSENCE OF R; 89•'302 .(PREVIOUSLY
PASSED AND ADOPTED), IN ORDER :TO .SPECIFICALLY SEPARATE
HE
FROM THE BODY OF SAID RESLUTIO o jTNTARILY1 P
APPLICANT'S
C CASH
(MIAMI CENTER) .
DONATION OF 5200,000 TO,ASSIST CITY'COMMUNITX PROJECTS• r
Upon being seconded by Commissioner`De' Yuzre,:the motion was; passed and
adopted by the following vote: t
Commissioner J. L. Plum:
mer, Jr -
AYES -
Vice Mayor victor De Yurre
Mayor Xavier L. Suarez
NOES: None.
ABSENT; Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy-
COMMENTS MADE DURING ROLL CALL: iously applied, I vote yes. }
Mr. Plummer: With the stipulations prev
-----------
------------------------ ------ x r'
rGx'
NOTE FOR THE RECORD: AT THIS POINT, .THE CITY COMMISSION,.DEFER$ ,
CONSIDERATION OF PLANNING AND ZONING ITEMS. r tt
,.
---rrrr-------
,..•- - --rrrr------------�----- -' ,#
r
{ k
ti
A0ST
Y, t
rRA
—.ty..' air-.. _'x-i", �i t`,i.<i4
,......bii�.,��,g --
F h` _lTy OF,
i�
VIAMI
DOCUMENT INDEX
- MARCH 23,' 1909
IVEM"r'Nii DAT&
PAGE 1 OF
o
DO
N"M �Er1TFlC�AT'1�N
i
ANTONIO MACEO STATUE RESTORATION:
DONATION OF FUNDS BY COMPREHENSIVE 89-274
AMERICAN CARE. ESTABLISH FUND.
GRANT WAIVER OF ZONING REVILING PERIOD y
REQUIREMENT. GRANT REQUEST FROM
i STANLEY PRICE, ESQ. (COUNSEL FOR
DAVID HILL) —DIRECT PLANNING DEPT.
TO,CONDUCT STUDY.OF.AREA BETWEEN $9-27.6
MAIN.HIGHWAY`AND FRANKLIN-AVENUE.
ZONING BOARD APPOINTMENT: APPOINTED 89_277 `
- WA$ 09ORGE L. ; SANDS'.
rt
PLANNING ADVISORY BOARD:''APPOINTMENTS k x
APPOINTED WAS.DOREEN C,LARA,: LOCICERO.
$9-27.8
RENAME-q BAYFRONT: PARK: ,. "MILDRED AND AN
CLAUDE"PEP PER'.BAYFRONT PARK". $9 279
_•
WAIVE REQUIREMENTS-OF.`SEAlED BIDS.
- = 89
TO. , ET
COMPLE PEPPER 'FOUNTAIN .
280
�C+ODESIGNATE PORTION OF S.W 7Tfl',
{ STREE:T ,FROM BRICKELL TO 12Tfl, AVE. AS
89 281
".CLAUDE PEPPER WAY"
.. - 4�A
HEALTfl.CARE NEEDS FOR LITTLE HAITTi
URGEDADE COUNTY PUBLIC HEALTH TO T
RECOGNIZE THAT IT..IS:NOT METING ;
THE-CQfMUNITY.HEALTH NEEDS.
RECOMMEND ADEQUATEiFUNDINGREQUEST
LOBBYIST JO DRAFT .LEGISLATION
!s s.
URGING-JACKSON MEMORIAL,flOSPITAL'
1ELITTLE HAITT/OVERTOWN $928TO SERVIC—i :1►R -A
f RVII $ OMijISSIQ�T ;O s ti
URGF, PUBLIC $E O Qa
T .TO_HAVE r
' AANT$S,ID$NTS' .$E U$r
UTILITY WIRES '`BURIED ;t
T B�T
�lr S o E T �+, Rc P T
F- A; T:U T G
AL iN *** r
— � RIS�����•`�� ;gp�,;�$�U$IT7�;SE�;�.�,� S M
�lR INGRAP'FIC. **
A.ONITIN. N.
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APPROVING CREATION OF SPECIAL TAXING
DISTRICT FOR BELLE,MEADE ISLAND TO
PROVIDE SECURITY`GUARD SERVICES.
(NOTE:THIS RESOLUTION UPDATES 89-289
R-87-539).
BAYFRONT PARK:'WAIVE IN KIND SERVICES
(POLICE, FIRE,SANITATION), FOR FIRST 89_290
ANNIVERSARY CELEBRATIONS `!
19TH'ANNUAL BUDWEISER UNLIMITED
HYDROPLANE REGATTA GRANT REQUEST FOR
— IN KIND SERVICES IN CONNECTION WITH 89-.291
J
EVENT.
CONDOLENCES TO FAMILY OF MR, LEE'ARTHUR. t-
89-292,
LAWRENCE.
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BAYFRONT PARK ANNIVERSARY CELEBRATION
$$A`TESTE OF'MIAMI":`AUTHORIZE THREE 89-293
—
DAY PERMIT"TO `' SELL BEER AND WINE
�a3
TpWZNG FOR POLICE- AUTHORIZE; ONE YEAR
RENETAL OF'POLICE"TOWING AGREEMENT 89-294- `
WITH CERTAIN TOWING COMPANIES `
ESTABLISH REWARD. LEE ARTHUR LAWRENCE:
_ AUTHORIZE ESTABLISHMENT OF $5,000.00
FORMATION LEADING T
REWARD FOR IN O' 89-297
ARREST AND CONVICTION OF ASSASSINS.
APPOINTMENT OF RICHARD A. BUNNELL TO
REVIEW COMMITTEE FOR UNIFIED DEVELOP i
MENT OF THE 2640 SOUTH BAYSHORE DRIVE
PROPERTY. 89-298
DIRECT ADMINISTRATION TO REQUEST METRO
_-
DADE COUNTY TO RELEASE CITY FROM THE "a7
r
DEED RESTRICTION ON NORTH .SIDE. OF -5TH
STREET BETWEEN 3RD AND-4TH AVENUES.
89�299 Y
GRANT PREVIOUSLY APPROVED.. DEVELOPMENT
ORDER FOR .MIAMICENTER% T PROJECT n ,
(A/R/A BALL POINT PROJECT) ( A DRI)
_
DELETE CONDITION 5 'REGARDING UPPER
` LEVEL PEDESTRIAN CONNECTION.. „F `
END,.MIAMI CNETER I PROJECT s/l/$/
k Y 3 C
ELL:;;POINT PROJECT (A AHI) HAKE PL.
FINDTNG$.:;'AUTHOAIZE EXHCUTION OF ,r sa�y:
PA$TIAL' �tI�EASR OF
S'•:BTSCA,YNF 'EO �,EVdRD AND 100.CHOP.IN.
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RE I F EVAL CODE NO.
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GRANT APPEAL AND REVERSE ZONING
..
BOARD'S DECISION..TO ALLOW
WAIVER OF REQUIEED 6 FOOT HIGH
L. AT APPROXIMATELY 2606 AND
WA
2612 S.W. 28TH STREM (APPLICANT:
89-304 {
LEONARD A. RALBY).
`s
GRANT APPEAL AND REVERSE ZONING BOARD'S
APPROVAL OF VARIANCE. TO ALLO
AT APPROX 3893WPARKAGE
- ADDITION
AVENUE (APPLICANTS: ROBERT AND CINDY
89_305 '
LEDERMAN).
PARK DEVELOPMENT -PHASE I
LUMMUS
(PROJECT'NO..331042): APPROVE
APPLICATION FOR GRANT ($100,000)
FROM FLORIDA DEPARTMENT OF NATURAL
RESOURCES. FOR CAPITAL IMPROVEMENTS
89-306
;..
_
TO PARK ON A 50/50 LOCAL MATCH.
"
AUTHORIZE REIMBURSEMENT TO CRUZ
DEVELOPMENT AND ASSOCIATES, LTD.''
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CONCERNING REMOVAL
_.
POR;EXPENDITURE
&';DISPOSAL'' OF C_ONSTRUCTION'' DEBRIS
ON BLOCK 2.4N.IN SOUTHEAST-OVERTOWN/
�
PARR'_WEST_ COMMUNITY REDEVELOPMENT
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