HomeMy WebLinkAboutCC 1988-10-27 Minutesti
CITY OF MIAMI
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F 1
OF MEETING HELD ON OCTOBER 27, 1988
(REGULAR)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
OCTOBER 27, 1988
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
I----
------------------------
PRESENTATIONS, PROCLAMATIONS,
-----------
PRESENTED
-------
1
SPECIAL ITEMS.
10/27/88
2.
SECOND READING ORDINANCE: ST. JOHN'S
ORDINANCE
2-3
BAPTIST CHURCH - approximately 1328
10491
N.W. 3 Avenue, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
3.
SECOND READING ORDINANCE: KENTUCKY
ORDINANCE
3-4
HOME - approximately 1221-27 N.E. 1
10492
Avenue, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
4.
SECOND READING ORDINANCE: EBENEEZER
ORDINANCE
4
METHODIST CHURCH - approximately 1042
10493
NW 3 Avenue, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
5.
SECOND READING ORDINANCE: VILLA
ORDINANCE
4-5
WOODBINE - approximately 2167 S.
10494
Bayshore Drive, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
6.
DISCUSSION: HERITAGE CONSERVATION
DISCUSSION
5-7
relating to Downtown Development of
10/27/88
Regional Impact Development Order.
7.
SECOND READING ORDINANCE: MT. ZION
ORDINANCE
7
BAPTIST CHURCH - approximately 301 N.W.
10495
9th St., apply Section 1601 HC-1
10/27/88
Heritage Conservation.
a.
SECOND READING ORDINANCE: CENTRAL
ORDINANCE
8
BAPTIST CHURCH - approximately 500 N.E.
10496
1 Avenue, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
9.
CONTINUE PROPOSED ORDINANCE: SHORELINE
DISCUSSION
8-10
ARCADE - approximately 120 N.E. 1
10/27/88
Street, consideration of Heritage
Conservation.
10.
DEFER PROPOSED ORDINANCES: WALTER E.
M 88-960
10-15
FLANDERS HOUSE - approximately 452 N.E.
10/27/88
39 Street, consideration of Heritage
Conservation and change from moderate
density residential to
residential/office.
11.
FIRST READING ORDINANCE: CHAILLE
ORDINANCE
15-21
BLOCK - approximately 401-47 N.
FIRST
Miami Avenue, apply Section 1610
READING
_
HC-1 Heritage Conservation.
10/27/88
12.
FIRST READING ORDINANCE: HAHN
ORDINANCE
22
BUILDING - approximately 140 N.E. 1
FIRST READING
Avenue, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
s
0
13.
FIRST READING ORDINANCE: TRINITY
ORDINANCE
23-24
EPISCOPAL CHURCH - approximately 464
FIRST READING
N.E. 16 Street, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
14.
FIRST READING ORDINANCE: LUMMUS PARK
ORDINANCE
24-32
AND SCOTTISH RITE CATHEDRAL - apply
FIRST READING
Section 1610 HC-1 Heritage
10/27/88
Conservation.
15.
OLD U.S. POST OFFICE AND COURTHOUSE -
M 88-961
32-42
approximately 100 N.E. 1 Avenue,
M 88-962
proposed ordinance to apply Section
10/27/88
1610 HC-1 Heritage Conservation failed;
(A) reconsider failed vote; and (B)
continue for full commission.
16.
FIRST READING ORDINANCE: ALFRED I.
ORDINANCE
42-48
DUPONT BUILDING - approximately 169 E.
FIRST READING
Flagler Street, apply Section 1610 HC-1
10/27/88
Heritage Conservation.
17.
DOWNTOWN MIAMI COMMERCIAL DISTRICT
M 88-963
49-53
PROPOSED TO BE DECLARED HERITAGE
10/27/88
CONSERVATION: send back to
administration to consider each
building and not entire district.
18.
FIRST READING ORDINANCE: WALGREEN DRUG
ORDINANCE
53-54
STORE - 200 E. Flagler Street, apply
FIRST READING
Section 1610 HC-1 Heritage
10/27/88
Conservation.
19.
FIRST READING ORDINANCE: CITY NATIONAL
ORDINANCE
54-55
BANK BUILDING - 121 S.E. 1 Street,
FIRST READING
apply Section 1610 HC-1 Heritage
10/27/88
Conservation.
20.
FIRST READING ORDINANCE: WILFORD
ORDINANCE
55-58
H. BURKHART HOUSE AND OFFICE -
FIRST
approximately 1150 S. Miami
READING
Avenue, apply Section 1610
10/27/88
Heritage Conservation.
21.
DENY PROPOSED ORDINANCE: MARTINA
M 88-964
58-59
APARTMENTS - approximately 1023 S.
10/27/88
Miami Avenue, consideration of Heritage
Conservation.
22.
FIRST READING ORDINANCE: CITIZENS
ORDINANCE
59-61
BANK - 1367 N. Miami Avenue, apply
FIRST READING
Section 1610 HC-1 Heritage Conservation
10/27/88
23.
DENY PROPOSED ORDINANCE: ATLANTIC GAS
M 88-965
61-63
STATION - 668 N.W. 5 Street,
10/27/88
consideration of Heritage Conservation.
24.
DENY PROPOSED ORDINANCE: TEMPLE
M 88-966
63-65
ISRAEL - 137 N.E. 19 Street,
10/27/88
consideration of Heritage Conservation.
25.
GREATER MIAMI DRUG ABUSE COUNCIL: waive
R 88-967
65-68
rental at Marine Stadium for charity
10/27/88
Power Boat Championship.
26.
SECOND READING ORDINANCE: 2101 N.W. 19
ORDINANCE
68-69
TERRACE: Comprehensive Neighborhood
10497
Plan amendment from moderate density of
10/27/88
moderate -high density residential.
V
27.
SECOND READING ORDINANCE: 2101 N.W. 19
ORDINANCE
69-70
TERRACE - Zoning atlas change from RG-
10498
2/4 to RG-2/5.
10/27/88
28.
FIRST READING ORDINANCE: APPROXIMATELY
ORDINANCE
70-71
2-46 N.E. 75 STREET - Comprehensive
FIRST READING
neighborhood plan amendment from
10/27/88
moderate density residential to liberal
commercial.
29.
FIRST READING ORDINANCE: APPROXIMATELY
ORDINANCE
71-72
2-46 N.E. 75 STREET - Zoning atlas
FIRST READING
change from RG-2/5 to CG-2/7.
10/27/88
30.
FIRST READING ORDINANCE: BLOCK BOUNDED
ORDINANCE
72-73
BY N.W. 7 AND 8 STREETS, BETWEEN N.W. 3
FIRST READING
AND 4 AVENUE - Comprehensive
10/27/88
neighborhood plan amendment from high
density multi -family residential to
general commercial.
31.
FIRST READING ORDINANCE: BLOCK BOUNDED
ORDINANCE
73
BY N.W. 7 AND 8 STREETS, BETWEEN N.W. 3
FIRST READING
AND 4 AVENUE - Zoning atlas amendment
10/27/88
from RG-2/6 to CR-1/6.
32.
CONTINUE PROPOSED CONSIDERATION OF
DISCUSSION
74
AMENDING THE BAYSIDE SPECIALTY CENTER
10/27/88
MAJOR USE SPECIAL PERMIT (to change the
allowable amount of retail facilities
from 230,000 square feet to 267,000).
33.
CONTINUE PROPOSED REVIEW OF SPECIAL
DISCUSSION
75-78
EXCEPTION TO PERMIT A DRIVE-IN FACILITY
10/27/88
AT BARNETT BANK - approximately 144
S.W. 7 Street, 145 S.W. 8 Street and
153 S.W. 8 Street.
34.
APPROVE IN PRINCIPLE THE 1988-1994
R 88-968
78-79
CAPITAL IMPROVEMENT PROGRAM.
10/27/88
35.
FIRST READING ORDINANCE: ESTABLISH
ORDINANCE
79
APPROPRIATIONS FOR CAPITAL IMPROVEMENTS
FIRST READING
1988-89.
10/27/88
36.
36.1
36.2
36.3
CONSENT AGENDA.
10/27/88
ACCEPT GRANT FROM METROPOLITAN DADE R 88-969
COUNTY CULTURAL AFFAIRS COUNCIL 10/27/88
CONCERNING MIAMI/OAS INTERNATIONAL
ARTISTS SERIES
ORANGE BOWL STADIUM: charges, terms and R 88-970
condition for GEORGE MICf'iAEL CONCERT by 10/27/88
Fantasma Productions
12 DEEDS OF DEDICATION FOR HIGHWAY R 88-971
PURPOSES 10/27/88
79-80
80
80
81
36.4 ACCEPT PLAT: ALONSO ESTATES R 88-972 81
10/27/88
c
0
36.5
ACCEPT PLAT: JEANETTE SUBDIVISION
R 88-973
81
10/27/88
36.6
ACCEPT PLAT: CAMILO SUBDIVISION
R 88-974
81
10/27/88
37.
EXECUTE AGREEMENT WITH FANTASMA
R 88-975
82-84
PRODUCTIONS: rebates of novelty
10/27/86
concession revenue from concerts.
38.
CITY MANAGER AND DOWNTOWN DEVELOPMENT
R 88-976
84-88
AUTHORITY TO APPLY FOR HIGHWAY
10/27/88
BEAUTIFICATION GRANT from Florida
Department of Transportation for
Brickell Area S.W. 8 Street Gateway
Project
39.
APPLY TO FLORIDA HIGHWAY BEAUTIFICATION
R 88-977
88-89
GRANT MEMORANDUM OF AGREEMENT for
10/27/88
Edison Center Gateway Project
40.
Brief discussion and temporary deferral
DISCUSSION
90-93
of proposed emergency ordinance
10/27/88
increasing appropriations for "MANUEL
ARTIME RENOVATIONS" (See label 73).
41.
A) VENDORS USING PUBLIC RIGHT-OF-WAYS;
M 88-978
94-120
administration to study issue and
ORDINANCE
recommend fair compensation to City; B)
10499
EMERGENCY ORDINANCE: requirements for
10/27/88
vendors using public right-of-ways.
42.
BRIEF DISCUSSION REGARDING NEWSRACKS IN
DISCUSSION
120-121
CITY SIDEWALKS.
10/27/88
43.
BRIEF DISCUSSION AND WITHDRAWAL OF
DISCUSSION
121-122
PROPOSED EMERGENCY ORDINANCE: CREATION
10/27/88
OF OVERTOWN LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT.
44.
DEFER PROPOSED REQUIREMENT FOR FUTURE
M 88-979
122-124
LEASES OF CITY -OWNED PROPERTY TO
10/27/88
PRIVATE CLUBS TO COMPLY WITH
AFFIRMATIVE ACTION.
45.
SECOND READING ORDINANCE: AMEND CODE
ORDINANCE
124
REGARDING INVESTMENTS OF THE
10500
FIREFIGHTERS AND POLICE OFFICERS
10/27/88
RETIREMENT TRUST FUND.
46.
SECOND READING ORDINANCE: LOCAL
ORDINANCE
125
IMPROVEMENT ASSESSMENT LIENS shall
10501
apply to the sale of all municipal
10/27/88
liens.
47.
SECOND READING ORDINANCE: COMMUNITY
ORDINANCE
126-127
DEVELOPMENT BLOCK GRANT TWELFTH YEAR
10502
FUNDS APPROPRIATIONS.
10/27/88
48.
DEPARTMENT OF COMPUTERS APPROPRIATIONS
R 88-980
127
FOR NOVEMBER 1988
10/27/88
�J
49.
RIVERWALK ALONG BISCAYNE BAY AND MIAMI
R 88-981
128-134
RIVER IN DUPONT PLAZA AREA:
10/27/88
conditionally authorize execution of
agreement with Miami Center Joint
Venture.
50.
EMERGENCY ORDINANCE: DUPONT PLAZA BAY-
ORDINANCE
134-136
RIVERWALK IMPROVEMENTS establish
10503
project and appropriations.
10/27/88
51.
ACCEPT BID OF FCE CONTRACTING INC. FOR
R 88-982
136-137
MIAMI RIVERWALK EAST PROJECT
10/27/88
52.
DISCUSSION CONCERNING DR. ORLANDO
DISCUSSION
137-139
GASPAR SILVA DAY
10/27/88
53.
A. NICARAGUAN AMERICAN FOUNDATION:
R 88-983
139-146
extend permit for use of Henderson Park
M 88-984
for office space;
10/27/88
B. REQUEST ADMINISTRATION TO LIST
AGENCIES LEASING OFFICE SPACE FROM CITY
OF MIAMI AND MAKE RECOMMENDATIONS ON
GUIDELINES FOR SAME.
54.
"TEENS GUIDE TO LIFE: CRACKDOWN ON
M 88-985
146-153
CRACK" (A) waive rental of Bayfront
R 88-986
Park Amphitheater for their event; (B)
10/27/88
allocate $6,600.
55.
BEACON COUNCIL: Commissioner Plummer to
R 88-987
153-154
represent City.
10/27/88
56.
APPROVE BAYFRONT PARK TRUST
R 88-988
154-173
BUDGET 1988-89.
10/27/88
57.
MIRACLE CENTER MAJOR USE SPECIAL
R 88-989
173-174
PERMIT: amendment of dining area and
10/27/88
live entertainment (scrivener's errors)
58.
PORT BOULEVARD BRIDGE: approve
R 88-990
174-175
conveyance to Dade County for
10/27/88
construction for new port of Miami
bridge.
59.
COMMODORE BAY LITIGATION: $30,000 to
R 88-991
175-177
pay co -counsel (Joseph Fleming and
10/27/88
Parker Thomson) legal fees.
60.
AUTHORIZE ISSUANCE OF REQUEST FOR
R 88-992
177-181
PROPOSALS FOR FULL -SERVICE BOAT YARD
10/27/88
FACILITY, MARINA AT 2640 S. Bayshore
Drive, currently Merrill Stevens site
(See label 62)
61.
A) THREE-WAY STOP SIGN TO BE INSTALLED
R 88-993
181-1,92
AT S.W. 18 STREET AND CORAL GATE DRIVE.
M 88-994
B) CORAL GATE NEIGHBORHOOD: series of
10/27/88
one-way streets plan to be approved by
neighbors and brought back to
Commission.
62.
CONTINUED DISCUSSION CONCERNING
DISCUSSION
192-197
REQUEST FOR PROPOSALS FOR FULL-
10/27/88
SERVICE BOAT YARD FACILITY,
MARINA AT 2640 South Bayshore
Drive (see label 60)
0 0
63.
FIRST READING ORDINANCE: 2900
ORDINANCE
198-217
Bridgeport Avenue Zoning atlas
FIRST
change from RO-2.1/4 to CR-2/7.
READING
10/27/88
64.
DISCUSSION AND CONTINUANCE OF APPEAL BY
M 88-995
217-231
ALBERT C. HERGERT CONCERNING EXISTING
10/27/88
SECOND -STORY ADDITION AT 465 N.E. 55
TERRACE.
65.
SECOND READING ORDINANCE: Permanent
ORDINANCE
231-232
active recreation facilities as
10504
accessory uses in residential districts
10/27/88
amendments.
66.
RIVERFEST: $4,500 to Miami River
R 88-996
232
Coordinating Committee for event
10/27/88
67.
SECOND READING ORDINANCE: Amend
ORDINANCE
233-235
principal uses and structures in RG-1
10505
general residential, limiting the
10/27/88
number of dwelling units to two (per
duplex)
68.
JAMAICAN RELIEF: $6,500 grant to be
M 88-997
236-242
reimbursed from profits.
10/27/88
69.
TASTE OF HEALTH FESTIVAL: restrict
R 88-998
242-243
peddlers.
10/27/88
70.
LIVIA GARCIA appointed to Homeless
DISCUSSION
243
Coordinator position.
10/27/88
71.
ACCEPT COMPLETED WORK OF MADSEN/BARR
R 88-999
243-244
CORPORATION FOR SANITARY SEWER ON N.W.
10/27/88
8 STREET
72.
TRANSFER OF OLD MUNICIPAL JUSTICE
R 88-1000
244-245
BUILDING PRISONERS: City to wait until
10/27/88
new prison is completed.
73.
EMERGENCY ORDINANCE INCREASING
ORDINANCE
246-247
APPROPRIATIONS FOR "MANUEL ARTIME
10506
RENOVATIONS" (See label 40).
10/27/88
.'dd
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 27th day of October, 1988, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:11 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Sergio Rodriguez, Acting City Manager
Jorge L. Fe,cnandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
ABSENT: Commissioner Miller J. Dawkins
City Manager Cesar Odio
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS, SPECIAL ITEMS.
1. CERTIFICATE OF APPRECIATION AND CITY PLATE: Requested by Vice
Mayor Rosario Kennedy for Edward James Olmos, the famous Lt.
Martin Castillo of the hit TV series "Miami Vice" for his
dedication and concern for our community.
2. COMMENDATION: Police Officers Jairo Lozano and Kelvin
Knowles, for having been selected Most Outstanding Officers of
the Month of June and Police Officer Julio Hernandez, for
having been selected Most Outstanding Officer of the Month of
August.
3. PROCLAMATION: The Miami Coalition for Care to the Homeless
Day, to help increase the awareness of the homeless in our
midst.
4. COMMENDATION: Distinguished visitor Cilinia Prada, winner of
the South Pacific Beauty contest and former Miss Panama.
1 October 27, 1988
:mom
0
2. SECOND READING ORDINANCE: ST. JOHN'S BAPTIST CHURCH - approximately
1328 N.W. 3 Avenue, apply Section 1610 HC-1 Heritage Conservation.
Mayor Suarez: Planning and Zoning item 1.
Ms. Sara Eaton: Mr. Mayor and members of the Commission, for the record, the
Planning Department's analysis of each of the Heritage Conservation items
before you today is included in the designation reports in your packet. These
reports analyze and document the significance of each of the properties. The
selection of these buildings was based on one of the most comprehensive
evaluations of historic structures in Dade County. An independent panel of
local, County and State professionals evaluated all buildings in the downtown
area to determine which ones were merely old, as opposed to those that were
eligible for designation. Only the most significant buildings and districts
that clearly met the criteria for designation were selected. These are the
buildings that are before you today and I'd be happy to discuss any of the
buildings individually if you have questions. Item number one is a second
reading of St. John's Baptist Church at 1328 NW 3r.d Avenue. The building is
significant. It is an outstanding example of Art Deco style architecture in
Overtown and it is important for its association with an early black
congregation in the City. We do have a letter of support from the owner.
Mrs. Kennedy: There is no opposition? Second reading.
Mayor Suarez: Moved and seconded.
Mrs. Kennedy: I was going to move it, I second.
Mayor Suarez: And let me clarify for the record that we are interested of
course, in knowing how the owner feels about it for a variety of reasons. We
understand that it's not one of the criteria that is listed as determinative
of whether we should be dedicating or not the particular project, but for all
kinds of procedural reasons, we like to know how the owners feel about it, and
for possibility of litigation, so we have a motion and a second. Any
discussion? Call the roll.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mayor Suarez: I forgot to ask if anyone wishes to be heard on this item from
the general public. Let the record reflect that no one has stepped forward.
Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE NO
9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1; GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO ST. JOHN'S
BAPTIST CHURCH, LOCATED AT APPROXIMATELY 1328
NORTHWEST 3RD AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 23 OF SAID
ZONING ATLAS.
Passed on its first reading by title at the meeting of June 23, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
2 October 27, 1988
0
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10491.
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.
3. SECOND READING ORDINANCE: IMNTUCKY HOME - approximately 1221-27 N.E. 1
Avenue, apply Section 1610 HC-1 Heritage Conservation.
Mayor Suarez: PZ-2.
Ms. Sara Eaton: Number 2 is Kentucky Home, now known as Anderson Hotel,
located at 1221-27 NE 1 Avenue. The building is significant as an
excellent...
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Can we add to the record all of the
recommendations in writing that are embodied in our package?
Mr. Rodriguez: I think that was mentioned by Ms. Eaton at the beginning of
the meeting that all of them are incorporated in the record.
Mayor Suarez: Very good. OK, just to clarify. There is a motion and a
second. Does anyone wish to be heard against this item, or for this item from
the general public? Let the record reflect that no one stepped forward, read
the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT TO KENTUCKY
HOME, LOCATED AT APPROXIMATELY 1221-1227 NORTHEAST 1ST
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 23 OF SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of June 23, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10492.
3 October 27, 1988
r OF
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
4. SECONP READING ORDINANCE: EBENEEZER METHODIST CHURCH - approximately
1042 NW 3 Avenue, apply Section 1610 HC-1 Heritage Conservation.
Mayor Suarez: PZ-3.
Mrs. Kennedy: PZ-3 second reading, there is no problem, I move it.
Mr. Plummer: Second.
Mayor Suarez: Moved, seconded. All of the supporting materials are ordered
into the record. Does anyone from the general public wish to be heard on this
item? Read the ordinance, please. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL
USE HERITAGE CONSERVATION OVERLAY DISTRICT TO
EBENEEZER METHODIST CHURCH LOCATED AT APPROXIMATELY
1042 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 23 OF SAID
ZONING ATLAS.
Passed on its first reading by title at the meeting of June 23, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10493.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
5. SECOND READING ORDINANCE: VILLA WOODBINE - approximately 2167 S.
Bayshore Drive, apply Section 1610 HC-1 Heritage Conservation.
------------------------------------------------------------------------------
Mayor Suarez: PZ-4.
Mrs. Kennedy: Move PZ-4.
Mr. Plummer: Second.
Mayor Suarez: Moved, seconded. Anyone wish to be heard on PZ-4? Read the
ordinance. Call the roll.
4 October 27, 1988
0
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1; GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO VILLA
WOODBINE, LOCATED AT APPROXIMATELY 2167 SOUTH BAYSHORE
DRIVE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 45 OF SAID ZONING ATLAS.
Passed on its first reading by title at the meeting of September 27, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10494.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
6. DISCUSSION: HERITAGE CONSERVATION relating to Downtown Development of
Regional Impact Development Order.
Mayor Suarez: PZ-5.
Mr. Joe McManus: Mr. Mayor and members of the Commission, we have inserted
PZ-5 as a short discussion item. The remaining PZ numbers following PZ-5,
that is, PZ-6 through PZ-25, are first reading items for Heritage Conservation
designation. This are 17 buildings in two historic districts. The
proposed...
Mr. Plummer: Did you say this is for first reading? PZ-6 and 7 was second
reading.
Mr. McManus: Second reading.
Mayor Suarez: So is eight.
Mr. McManus: You are quite right, Commissioner, those are second reading. We
included those in that group, because we did not have letters from owners. We
do now.
Mr. Plummer: Which items, all of them?
Mr. McManus: Commissioner, we have, of the 17 buildings and two historic
districts, we have letters of approval on three, we have three that did not
respond.
Mr. Plummer:
which?
Mr. McManus:
items.
Well, for the record, can you tell me those, which items are
We will go through that, Commissioner.
Mr. Plummer: As you go through the items, oh, OK.
We will go through the
5 October 27, 1988
0
Mr. McManus: What we wanted to...
Mr. Plummer: All right, I thought you were trying to blanket. it.
Mr. McManus: No, no. What we want to do is briefly discuss this before we
went though the individual items.
Mrs. Kennedy: On PZ-5, the lease holder approves, but the owner opposes,
correct?
Mr. McManus: This is, I believe that is PZ-19, which is the Walgreen Drug
Store, where there is a fee simple owner and a lease holder.
Mrs. Kennedy: OK.
Mayor Suarez: Let's get back to what you are trying to tell us. Under PZ-5,
what are you trying to tell us, Joe, on all of these?
Mr. McManus: The proposal here is twofold. By designating these as historic
buildings, it would insure that any future exterior repairs or renovations
would be consistent with the historic character of the building, and
secondly...
Mayor Suarez: That's true of all the items.
Mr. McManus: Right. And secondly, in the event these were designated and the
owner wanted to demolish the building, there would be a six -months delay in
demolition.
Mayor Suarez: OK, why are six through 25 being asked to be treated
differently? I don't understand.
Mr. McManus: We have a group of items here, both on second reading and first
reading, which at the time the agenda was prepared, we did not have all the
letters in and as I started to say to Commissioner Plummer, of that group now,
and this is briefly going over it. We have three who approve, three did not
respond. One property owner, because of difference in fee -simple lease
holder, there is a split. Lease holder approves and the fee -simple owner
opposes. Ten opposed designation. Of the two historic districts, the
Downtown Flagler District is split. Three owners approve, 11 oppose, and four
we had no response. In the Lummus Park District, we had six owners approve,
two opposed and eleven, no response, and one was City owned.
Mayor Suarez: Well, but procedurally, we have given more than enough time and
opportunity to all owners, lease hold owners, fee simple owners, to respond
and give us their views on historic designation for these, have we not?
Mr. McManus: Yes, that's correct.
Mr. Rodriguez: The answer to your question is, back in June or July, you
asked us not to bring items before you, in which we don't have any information
from the property owners, as to their desires. The problem with that action
is that you put every, each one of these buildings in a moratorium, whether
you act on them or not, and we felt that you should take an action on this one
way or another, because otherwise the property owners will be put in limbo
until you take an action.
Mayor Suarez: On items six through 25, typically of those on which we don't
have a clear view from the owners, or in which the owners opposed in some
cases and...
Mr. Rodriguez: Or we have a split opinions or...
Mayor Suarez: Or split opinions or whatever.
Mr. McManus: And we have three approved.
Mr. Rodriguez: And now we have three that are approved.
Mayor Suarez: Is there any other reason why we would want to delay
determination from the technical standpoint?
6 October 27, 1988
Mr. Plummer: No, that was the only reason, just this response from the owner.
Well, Mr. Mayor, can we...
Mayor Suarez: It would be my instinct here then to go ahead and proceed with
PZ-6, unless the Commission wants to do otherwise.
------------------------------------------------------------------------------
7. SECOND READING ORDINANCE: MT. ZION BAPTIST CHURCH - approximately 301
N.W. 9th St., apply Section 1601 HC-1 Heritage Conservation.
---------------------------- --------------------------------------------------
Mayor Suarez: PZ-6 then.
Ms. Sarah Eaton: PZ-6 is Mt. Zion Baptist Church in Overtown.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Anyone wish to be heard on this item? Let the
record reflect no one stepped forward. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO MT. ZION
BAPTIST CHURCH, LOCATED AT APPROXIMATELY 301 NORTHWEST
9TH STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 23 OF SAID ZONING
ATLAS.
Passed on its first reading by title at the meeting of June 23, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10495.
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 October 27, 1988
8. SECOND READING ORDINANCE: CENTRAL BAPTIST CHURCH - approximately 500
N.E. 1 Avenue, apply Section 1610 HC-1 Heritage Conservation.
Mayor Suarez: PZ-7.
Ms. Sarah Eaton: PZ-7 is Central Baptist Church.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded, one again, clarifying, inclusion ordered into the
record of all the supporting documentation, opinions and findings. Read the
ordinance, please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1; GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO CENTRAL
BAPTIST CHURCH, LOCATED AT APPROXIMATELY 500 NORTHEAST
1ST AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING
ATLAS.
Passed on its first reading by title at the meeting of June 23, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10496.
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.
-------------------------------------- ------ ------------------------------------
9. CONTINUE PROPOSED ORDINANCE: SHORELINE ARCADE - approximately 120 N.E.
1 Street, consideration of Heritage Conservation.
Mayor Suarez: PZ-8.
Ms. Sarah Eaton: PZ-8 is the Shoreland Arcade, also known as the Dade Federal
Building.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. De Yurre: Second.
8 October 27, 1988
Mayor Suarez: Seconded. Inclusion of all the items and supporting
documentation into the record. Read the ordinance.
(AT THIS POINT THE CITY ATTORNEY STARTED TO READ THE ORDINANCE
INTO THE PUBLIC RECORD.)
Mr. Plummer: Hold it, hold it. Yes, but why dial I...
Mr. Rodriguez: Would you like to hear presentation from the staff on this
item?
Mr. Plummer: Hold a minute. Let me try and recall, because I see here where
I moved this on the first reading.
Mrs. Kennedy: PZ-8 we had some opposition from a lot of people in the
vicinity.
Mr. Plummer- Yes. Excuse me, Mr. Mayor, let me withdraw my motion at this
time and let's go into discussion.
Mayor Suarez: OK.
Mr. Plummer: I'm sorry, I apologize.
Mayor Suarez: The motion is withdrawn. The second is withdrawn, unless
someone else moves it and there is no need to do this, I guess at this point,
if we want to hear from the general public. Who is here on this item, PZ-8?
Let the record reflect that no one has stepped forward.
Mr. Plummer: Mr. Mayor, as I recall, this was the item that Commissioner
Dawkins notified my office that they would asked that it be deferred until the
meeting at which he returned. He had some comments he wished to make.
Mayor Suarez: I am sorry, I missed who was it that...
Mr. Plummer: Commissioner Dawkins.
Mayor Suarez: We have a standard practice of deferring items if a
Commissioner wishes to do that. We usually ask for a good reason.
Procedurally in this particular case there is a very good reason that he is
not here, so...
Mr. Plummer: I would at this time move for deferment on item 8.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. Any discussion? Call the roll.
Mr. Rodriguez: Continue to November 17th.
Mayor Suarez: Yes.
MOTION TO CONTINUE
UPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY, PZ-8 WAS CONTINUED TO THE MEETING OF NOVEMBER 17,
1988 BY THE FOLLOWING VOTE OF THE CITY COMMISSION:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: That would be as to second reading too, would it not? First
reading is still pending.
Mr. Plummer: Yes.
9
October
27,
1988
Mayor Suarez: I mean it is still behind us, yes.
10. DEFER FROFOSED ORDINANCES: WALTER E. FLANDERS HOUSE - approximately 452
N.E. 39 Street, consideration of Heritage Conservation and change from
moderate density residential to residential/office.
Mayor Suarez: PZ-9.
Ms. Sarah Eaton: PZ-9 is the Walter E. Flanders House. In this case, we are
proposing the application of HC-3 overlay. All of the other items before you
today are HC-1. This Mould allow a change of use from residential to
professional office to insure the preservation of this building. The building
is significant as a unusual example of masonry vernacular architecture and is
noteworthy for the excellence of its craftmanship and detailing.
Mrs. Kennedy: On this one we had four responses in favor, correct, and none
against?
Ms. Eaton: The owner requested the designation of his property.
Mrs. Kennedy: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Items moved with all of the supporting documentation and
findings? Anyone from the general public wish to be heard? It has been
seconded. Let the record reflect that no one has stepped forward.
Commissioner Plummer.
Mr. Plummer: Under discussion, the owner is getting a bonus by going from
residential only to residential office. Who made the application, the
Planning Department?
Ms. Eaton: The Planning Department.
Mr. Plummer: How does this compare to the rest of the neighborhood?
Ms. Eaton: There are...
Mr. Plummer: You have no zoning map up there to show me. Is this spot
zoning?
Ms. Eaton: No, sir. on the revisions to the Comprehensive Plan. This area
was changed to allow professional office use, realizing that there is a small
pocket of existing residential buildings that probably cannot be sold for
single family use. These buildings are located between the commercial uses on
Biscayne Boulevard and multifamily uses on Biscayne Bay and the Planning
® Department believes that this is an appropriate transition between the two,
and in addition to preserving the historic buildings.
Mr. Plummer: But what is this going to do about generating traffic? There is
no question that an office is going to generate traffic more so than what a
residence would, and what I am looking at here, the surrounding is in fact,
residential. I don't see any RO contiguous to this property.
Mr. Joe McManus: Commissioner, in July, this Commission transmitted a
proposed overall revision to the Comprehensive Plan to the Department of
Community Affairs in Tallahassee. Among those proposed revisions was the
proposal to designate this area immediately north of 36th as a residential
office area.
Mr. Plummer: I'm aware, but that hasn't been approved yeti
Mr. McManus: That's right. It is going to come back to you and you will make
your final decision in December and January.
Mr. Plummer: Well, until such time, this is spot zoning.
10 October 27, 1988
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Mr. McManus: The office would be in the existing residences, would be closely
confined within that residence and we have...
Mr. Plummer: Joe, you are kidding yourself, OK7 One of the things I was
going to bring up this afternoon, we have now existing between here and Mercy
Hospitel, three so-called residential offices of lawyers offices that are
nothing more than offices. It is a sham to say that it is residential
offices. They don't comply, from what I understand, the home office rule, as
far as all employees must be family. They can only use 25 percent. of the
structure for the offices. I'll show you one down here that nobody lives in,
that to me is 100 percent an office. Now, you know, I think this matter ought
to be deferred until such time that if in fact the other part of the area goes
and it is so designated, then I think it is appropriate that we put the
designation here, but. at this particular time, I think this City has got a big
problem with these so-called residential offices, that is not in fact, what
this ordinance says that it should do. By the way, I am going to ask the
Administration to pursue... there are three offices on Bayshore Drive right
now, that are strictly, strictly offices, and there is no one even living
there at night. They are vacated.
Mr. Rodriguez: We will follow up on that. In relati-.i to this item,
Commissioner, what we are doing with this case, we've sent notifications to
property owners within 375 feet on this particular case. We are, as part of
number 9, amending the Comprehensive Plan, present existing Comprehensive
Plan, to allow this to happen, which is part of the process that you do in all
the zoning cases.
Mr. Plummer: What happens on December 15th if this Commission doesn't approve
it? Then it is spot zoning?
Mr. Rodriguez: If the Commission were not to approve, then by that point,
that Comprehensive Plan, the 1989 Comprehensive Plan will be amended to amend
this again, and it will reduce it back to, put it back under residential.
Mr. Plummer: I will not vote for the item at this time. I would vote for
this item after the Comprehensive Plan has been moved. Now, I am only one
vote.
_ Mr. De Yurre: I agree with J.L., you know, it doesn't make any sense to do it
now.
Mr. Plummer: You know, I think it is the first time I've ever heard the
Planning Department, even though I understand your intentions are good, are
recommending that we spot zone, and I can't vote for it.
Mayor Suarez: Before we reach that impasse, could we not just do the historic
designation at this point without having to do any...
Mr. Plummer: I have no problem with that.
_ Mr. Rodriguez: I don't believe we should do the historic designation until
you have the amendment to the Comprehensive Plan, because then it would not be
in conformance with the Comprehensive Plan, the existing Comprehensive Plan,
the 1985 Comprehensive Plan. That's why you have two items. Number 9 is an
amendment to the plan, so that you will be in conformance and number 10 is the
actual designation that we allow the use.
Mayor Suarez: Well, if you don't think there is any merit in the historic
designation of this particular property for all the other reasons that we are
doing historic designations, then we can defer the whole thing, but if you
think there is merit to it, it seems to me like it would be a logical thing to
do.
Mr. Rodriguez: The designation of this property, the particular designation
that we are using, which is HC-3, as compared to HC-1 involves...
Mayor Suarez: Already embodies it.
Mr. Rodriguez: ... some change of uses. That's why I don't believe that you
should do it if it does not conform with...
11 October 27, 1988
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Mayor Suarez: There's no way to do a historic designation that involves no
change of uses at this point, and later we get to the issue of the change of
uses?
Mr. Rodriguez: We could do an NC-1 designation, but it is not before you.
Mr. Plummer: Yes, but if you do that, then ,you can't change it afterwards.
Mr. Rodriguez: Yes, you could, it is just that I think it makes sense... it
makes sense, you have to go through the whole thing twice. That doesn't make
any sense.
Mayor Suarez: Ok, Nora, do you want to say something?
Ms. Nora Schaefer: My name is Nora Schaefer, and I live at 598 NE 56th
Street. I have been working in preservation in the northeast for several
years now and it was probably one of my initial ideas to have this zoning
change to preserve this building. The owners are friends of mine and the idea
here was to preserve something that is being destroyed. It has been broken
into, it has been vandalized. It is impossible to sell. this building as a
residential home for anyone, and two weeks ago it was broken into again. The
door was kicked in, the chandeliers were torn down, the walls were kicked in.
The whole idea is to get somebody into this property to preserve it, to
restore it and to use it in a manner in the daytime at least, with burglar
alarms that will allow the surrounding houses some kind of peace of mind. The
people that are all around there are traumatized. A lot of the people that
are there are interested in doing this also as an alternative to a use. The
City came in several years ago and changed the zoning to a residential high
rise and that decimated the small pocket. Also on top of that, they built the
causeway right straight through the middle of this lovely historic district
and I am asking you to consider this as a very practical way of preserving
some of the lovely old buildings and the lovely neighborhoods in our area. The
Petit Douy on Brickell Avenue has turned out to be a very wonderful use of an
old home as an office. Are you familiar with that one on 15th and Brickell?
Mr. Plummer: Ma'am, we are not arguing about the historic designation. We
are willing to vote for that. What we...
Ms. Schaefer: The historic designation alone is not going to preserve the
house, sir.
Mr. Plummer: I understand that, Ma'am.
Ms. Schaefer: It is the use.
Mr. Plummer: But you also have to understand that the way this is laid out
presently, if we voted for it, it would be spot zoning.
Ms. Schaefer: This is right across the street from a very large building. It
is one house away from...
Mr. Plummer: You are not listening to me. This would be spot zoning, if
voted upon today. As soon as approved, the Comprehensive Plan, it would not
be and I'd go on record as saying I'll vote for it. I will not vote for spot
zoning.
Ms. Schaefer: Are you going to sit in that house until then and protect it?
Mr. Plummer: Ma'am, you know you made a statement that really upset me, about
the fact you couldn't sell it as a residence. Historic was never designed for
to sell a building, never. Now, am I going to sit in that building? No, but
where is the owner? Why doesn't he board it up and secure his own property,
that's his responsibility.
Ms. Schaefer: Whatever has happened has happened because of the way the City
has zoned it prior to this.
Mr. Plummer: No Ma'am, it is not that way. You might feel that way and I
respect your opinion, but the owner of that property has responsibilities, and
one of those responsibilities is to board up that house so it will not be used
for a negative kind of situation.
12 October 27, 1988
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Ms. Schaefer: I think as a Commissioner you ought to start thinking about the
people who live in this City, insterd of wording, that you can sit. up in that
chair. I think you ought to sit and think about the people that have to fight
and preserve their neighborhood, and this is one wonderful way to do it, and
it happens to be the way a lot of other cities who are more enlightened in
this country are doing it.
Mr. Plummer: Have no argument with you on that.
Mayor Suarez: Let me ask one question related to your first line of
questioning, Commissioner Fl.ummer, to Joe, or whoever can answer it for us.
What tells us that we are not going to have a very intensive office type use,
that in fact, will change the whole neighborhood? I mean, I otherwise
acknowledge the argument that this may be the best way to preserve the
structure, by changing the use and all of that, but you seem to be, and Nora
seems to be functioning under the impression that this is going to be a very
low intensity use of a residence, almost like and office and that by being
able to use it as an office with very little parking, very little traffic,
very little activity that would be detrimental to the neighborhood, but
somehow, it is going to be economically worthwhile to maintain it in better
shape than it is now. What makes you think... do we have an idea what they
Mould be doing there, is that why?
Mr. McManus: This would be used as a professional office by a group of...
Mayor Suarez: Would this be like, and J.L. was referring to it before, would
this be like the situation we have now with regular residential zoning, but
that they can only use up to 25 percent for a professional office, except that
in this case it would not be restricted to 25 percent, of course. Is that the
idea that we have, that it would be a very low level use of an office?
Ms. Schaefer: No, sir. Well it's limited...
Mr. Rodriguez: Yes, the designation that you have with this doesn't involve
an increase in floor area ratio. You keep the historic designation of the
building, the structure that you have, and you let that structure the use for
something other than residential. This is different...
Mayor Suarez: I guess by virtue of this designating it historically, we keep
the framework the same, and we keep the structure the same and we sort of
guarantee that we are not going to have, well obviously, a larger structure,
or a much larger F.A.R. or whatever, even though we are not really restricting
that per se, we are restricting it to historic designation. Is that the
concept? I mean, it is going to look always like this.
Mr. Rodriguez: If the building were to be demolished, they couldn't use it
for offices, so that is one thing. An one argument that was brought by Mr.
Plummer which I think is very important, whether this is spot zoning or not,
in the ordinance...
Mr. Plummer: Wait a minute now. Don't put that in the record. Is it spot
zoning today or not. It either is, or it is not, it is gray or not.
Mr. Rodriguez: Let me try to answer that question. In the...
Mr. Plummer: You can answer it simply yes or no.
Mr. Rodriguez: It is not in accordance to the ordinance, zoning ordinance.
In the zoning ordinance, this is spot zoning if you have a property that
doesn't meet the 200 feet of frontage to apply. In this particular case, in
the Heritage Conservation Ordinance, you don't have to follow that criteria.
Mr. Plummer: That is not the issue. The i,tsue is changing the zoning.
Mr. Rodriguez: It is a spot use, if you want to ask me that.
Mr. Plummer: Exactly.
Mr. Rodriguez: It is a spot use in the area. It is not spot zoning.
Mr. Plummer: Thank you.
13 October 27, 1988
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0
Mr. McManus: Let me follow up just one point that Commissioner Plummer
raised. Suppose, worst case condition, somebody doubles up the number of
people in the offices. Somebody floods the area with cars. It. is very
simple, once this is designated, have a citizen come in, complain to the
Heritage Conservation Board that the use is not consistent with the historic
designation of the property. We have the owner in...
Mayor Suarez! And what happens then, Joe?
Mr. McManus: Then we are back to the point of the leverages. We can always
de -designate the historic character of the property, because it is not being
used to it in that sense.
Mr. Plummer: Well, in effect, you are doing that today, or you are asking it
be done today.
Mrs. Kennedy: Well, one of the things we have to consider is that the
commercial usage of Biscayne Boulevard has also been spreading to the east.
Mayor Suarez: OK, I guess we have heard from all sides. Anyone else wish to
be heard on this item? Commissioners, what is your... do we have a motion?
Mrs. Kennedy: To defer, or what?
Mr. Plummer: No, the motion was to approve.
Mayor Suarez: No, I think you withdraw the motion, so we have no motion,
unless the second...
Ms. Hirai: There was a motion, but...
Mr. Plummer: Mr. Mayor, I would move that items 9 and 10 be deferred until we
have taken up the comprehensive plan where this proposed change would take
place.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-960
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEMS PZ-9
(A PROPOSED PLAN AMENDMENT CHANGING THE LAND USE
DESIGNATION OF PROPERTY LOCATED AT APPROXIMATELY 452
NE 39TH STREET, "WALTER E. FLANDERS HOUSE," FROM
MODERATE DENSITY RESIDENTIAL TO RESIDENTIAL OFFICE)
AND ITEM PZ-10 (PROPOSED ZONING ATLAS AMENDMENT TO
APPLY HERITAGE CONSERVATION TO AFOREMENTIONED
PROPERTY) UNTIL THE CITY COMMISSION TAKES UP
CONSIDERATION OF THE MIAMI COMPREHENSIVE PLAN, WHERE
SAID PROPOSED ZONING CHANGE IS TO TAKE PLACE.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
COMMENTS DURING ROLL CALL:
Mrs. Kennedy: I will be voting for this item but in deference to Commissioner
Plummer, who has asked to be deferred until such as time as we are ready for
it, I'll vote yes.
Mayor Suarez: I'll have to vote no, I am satisfied with the recommendation it
would work, although I understand the concern of Commissioner Plummer. I vote
no.
14 October 27, 1988
0 0
Mr. Plummer: Just for the record, Mr. Mayor, I've indicated before and I will
again, at euch time as this toning has been included in and approved as the
designated change, I will vote for both items, but not until that time.
11. FIRST READING ORDINANCE: CHAILLE BLOCK - approximately 401-47 N. Miami
Avenue, apply Section 1610 MC-1 Heritage Conservation.
Mayor Suarez: Are we up to PZ-117
Ms. Sara Eaton: PZ-11 is the Chaille Block. This is the only intact
commercial street-scape in downtown Miami. It dates from the second decade of
the 20th century.
Mayor Suarez: The only intact commercial ... 7
Ms. Eaton: Street-scape.
Mayor Suarez: Street-scape. What is a street-scape?
Ms. Eaton: It is a row of historic buildings. Well, any current buildings as
well, but a block face.
Mr. Plummer: Question, is it...
Mayor Suarez: In other words, adjoining structures, is that what you are
talking about? Trying to confuse us.
Mr. Plummer: Something tells me that this is where the Federal Building, the
new Federal Building was going.
Ms. Eaton: Not on this particular part of the block. The Federal Building
will go directly to the east.
Mrs. Kennedy: But it is very close to it.
Ms. Eaton: Yes, it is close.
Mr. De Yurre: How close is close?
Mr. Plummer: Three and a half whiskers.
Ms. Eaton: There is a strip of land, I would guess about 100 feet between
this portion of the block and the Federal Building. The Federal Building
occupies the eastern approximate half to two-thirds of the block.
Mr. De Yurre: Now, that Federal Building, my understanding is that you have
to secure the land as far as purchasing it and I don't know if this is going
to create a problem if they can't secure the land, if they wish, where they
have to move over slightly and acquire additional land. So I'd like somebody
to address that issue here.
Mr. Rodriguez: I'm sorry... you were asking about whether they don't have to
secure the rest of the land?
Mr. De Yurre: My understanding is, we are talking about the GSA Building?
Mr. Rodriguez: Yes.
Mr. De Yurre: OK, it's that they have yet to secure all of the land that they
need for the structure and my concern right now is, whether, if they can't
secure the land that they desire to obtain right now, and they would have to
shift around, maybe acquire some land on the other side, or back or some other
fashion, that if this gets a designation, a historic designation, it might
interfere in that procedure.
Mayor Suarez: You might want to check that before you work on that premise,
that the land has not all been acquired for GSA Building. You might be
thinking of additional expansions or later phases?
15 October 27, 1988
Mr. De Yurre: No, they came to see me and they said they still have not
bought the land that they wanted, that they are in the process of negotiating
and all that, but they hadn't obtained it. yet.
Mayor Suarez: I thought we signed away on the entire deal and I can't imagine
that we would have done that if they didn't have the land already.
Mr. Rodriguez: My recollection was that they didn't acquire all the land in a
block that is left besides the designation. To answer your question, on
whether this will have an effect, the designation will definitely have an
effect on the other particular deal, because they will have to take into
account the fact that this properties might be designated historic and we are
dealing with some Federal funds in this particular case, so there will be a
finding at some point, that the properties are historic and have to be taken
into consideration in the drafting of the plans and so on for the building.
Ms. Eaton: I would like to clarify that.
Mayor Suarez: Well, are you implying by that it would not effect the
viability of the GSA?
Mr. De Yu -re: I think he's saying that it will.
Mr. Rodriguez: Yes, regardless, the GSA would have to take into account...
Mayor Suarez: Right.
Mr. Rodriguez: The particular designation that we have over here because this
block had been shown before in other historic documents in the City and the
County as being a historic block, even when you have designations...
Mayor Suarez: Oh, but either way, they have to take that into account, is
what you were saying.
Mr. Rodriguez: ... so you have to take into consideration, by having a
designation now, it might give more strength to that argument. I don't know
where...
Mr. Plummer: Well, I guess the question is, are we sticking our foot in our
own mouth?
Ms. Eaton: No, GSA will have to take into account these buildings, no matter
what, whether they are locally designated or not, because they have been
determined eligible for listing in the National Register of Historic Places,
which is the Federal designation that GSA must operate under. GSA is not
bound by the local designation of these buildings. It's the Federal
designation which is already in place, so the local designation wouldn't make
any difference...
Mr. Plummer: You are saying that these are already on the Federal registry?
Ms. Eaton: They are in the process. Two of the buildings have already been
determined eligible for listing in the National Register.
Mr. Plummer: Well, eligible doesn't mean that they designate.
Ms. Eaton: No, as far as GSA is concerned, and Federal regulations are
concerned, whether it is determined eligible or actually listed, the effect is
the same as far as Federal actions or Federal regulations.
Mr. De Yurre: But if they don't get that designation, then it goes back to
nothing.
Ms. Eaton: No, that's not true. It has already been determined eligible for
listing, and that has the same effect on GSA as whether they are actually
listed.
Mr. De Yurre: Well, what happens if they never get listed?
Ms. Eaton: It doesn't matter. GSA still has to take these historic buildings
into account.
16 October 27, 1988
3
9
Mr. Rodriguez: Well, I think the question is, what happened if they were to
be determined that even when they are eligible, but they are not designated
historic nationally.
Ms. Eaton -. No, buildings that are determined eligible for the National
Register of Historic Places, that has the same requirements on Federal
agencies, as whether they are actually listed.
Mr. De Yurre: So what is their purpose of listing them?
Ms. Eaton: To give owners an opportunity to take advantage of investment tax
credits, Federal grants, but as far as the Federal action is concerned, it is
immaterial whether it is actually listed, or determined eligible for listing.
Mr. Plummer: Well, let me ask this question. If I see the map correctly, a
part of the property in question is being opposed by the owner. How do these
things get on the Federal Registry as even acceptable, if the owners didn't
ask for it?
Ms. Eaton: The City asked for the designation, National Register listing. If
the owners oppose National Register listing, the buildings are determined
eligible for listing, which is what is happening in this case, and that has
the same effect on GSA as whether it is listed.
Mayor Suarez: Counselor, do you want to...
Mr. Jose Smith: Yes. Mr. Mayor, members of the Commission, Jose Smith. My
family owns one of the buildings on that block, on the corner of fifth street
and Miami Avenue and we have opposed designation. While we are certainly
interested in renovating and restoring it and preserving it, we don't want to
be told when and how to do it. N'e oppose the ordinance and we formerly
objected to historic designation, not only with the City, but also with the
Federal government.
Mr. Plummer: Is there anyone here from GSA, the Federal GSA?
Ms. Eaton: Not that I am aware of.
= Mr. Plummer: I'd sure like to know their opinion.
Ms. Eaton: GSA and the City have already entered into a memorandum of
agreement with the State Historic Preservation Office and the Advisory Council
on Historic Preservation, requiring that these buildings, as well as the U.S.
Post Office and Courthouse and Central Baptist Church be taken into account in
the development of the GSA Building. That memorandum of agreement has been
signed.
Mayor Suarez: Jose, what practical effect... you said that you had no
objection to preserving and restoring and maintaining the historic character
of the building that your families owns. What practical effect does the
designation have in that situation? Is it...
Mr. Smith: The most practical effect is that if we want to paint the
building, as an example, or if we want to change a window or do any kind of
repairs to it, we have to go through a whole bureaucracy and get a certificate
of appropriateness. It is just one more layer of bureaucracy that owners
should not be put through. I think the Building Department is enough, we
don't have to go through more government in order to get something done.
Mayor Suarez: What is the procedurally the bureaucracy he is referring to?
Who are we talking about that will have to approve even the color of the
paint, I guess?
Ms. Eaton: The paint color could be approved by the Planning Department,
usually within one day. Alterations to windows and other features, if they
are in keeping with the historic character of the building can be approved by
the Planning Department. Major alterations to the building, additions, new
construction, things that would drastically alter the character of the
building would require a public hearing before the Heritage Conservation Board
that meets once a month.
17 October 27, 1988
Mr. Plummer: And for demolition?
Ms. Eaton: Demolition would have to be also approved by the Heritage
Conservation Board, which could delay the demolition up to six months. At the
end of six months, the owner can do whatever he wants with the building.
Mr. Plummer: And only through a hearing of that one board?
Ms. Eaton: Yes.
Mr. De Yurre: What about the Federal impact, as being eligible? What
criteria do they have to go through?
Ms. Eaton: The same criteria.
Mr. De Yurre: Six months?
Ms. Eaton: No, there is no... well, GSA is not proposing to demolish these
buildings. It is not part of their project.
Mr. De Yurre: No, I am saying, if he wants to demolish the building.
Ms. Eaton: No, as far as Federal regulations, there is no effect on the
property owner unless he is using Federal funds, or if there is a Federally
licensed or sponsored project.
Mr. De Yurre: Well, if they are only eligible, and they are not taking
advantage of that designation, then they can do anything they want with the
property, as far as the Federal government is concerned.
Ms. Eaton: Yes.
Mr. De Yurre: OK.
Mr. Plummer: Well, I'll tell you, I would move to approve it on first
reading, but prior to the second reading, I would want to see something from
GSA, even just a memo of understanding, that you say has been already signed,
but based on that, I would move PZ-11.
Mrs. Kennedy: I have no problems with that, I second.
Mayor Suarez: Moved and seconded. One last question for my decision here on
this. Just aesthetically, or in terms of its appearance, what is so worth
preserving about these structures, as I look at them?
Ms. Eaton: As I said, this is the only intact commercial block that we have,
that dates from the pre -boom area, from the second decade of the 20th century
and the buildings exhibit the type of commercial architecture that was
extremely prevalent in Miami up to that time. You'll notice that most of the
buildings have the arcades or canopies over the sidewalk, with second floor
balconies. That was the most common type of commercial architecture in Miami
and there are very few of these buildings left. To have an entire block is
almost unheard of in the City of Miami and it is important to preserve this.
Also, the...
Mr. De Yurre: And none of it is being taken by GSA?
Ms. Eaton: No
Mayor Suarez: If somebody wanted to build one of those canopies, as you call
them now, they'd probably have to go through incredible gyrations and permits
and easements and all of that. They probably wouldn't be able to do it.. So
we are saying because people could do this 40 years ago, which government has
now changed its mind about, it's worth preserving. That's great, great logic
here!
Mr. Rodriguez: We encourage the location of arcades in the Latin Quarter
District. It is one of the areas in which we try to preserve them because I
think it helps with the climate that we have to deal with in Miami.
Mayor Suarez: Absolutely, I mean, I'd like to see it happen more, I just...
18
October 27, 1988
IL
Mr. Rodriguez: In this particular case, we have a set of drawings that were
prepared before that show the building how could they be restored and because
of the location and proximity to the...
Ms. Eaton: Arena.
Mr. Rodriguez: The course and the Arena, and it would be a place for
restaurants to be located. It could really be a place that would add a lot of
night, life to downtown area.
Mayor Suarez: I mean, there are certain eras of architecture that one would
like to forget, you know, I mean...
Ms. Eaton: Well, a lot of people said the same thing about art deco a few
years ago and now it's Miami Beach's most valuable treasure.
Mayor Suarez: Art deco) Here she.... my house is art deco)
Mr. Rodriguez: You see, soft spot over there.
Mr. Plummer: Why is your house art deco? - because of the paint?
Mayor Suarez: No, the architecture.
Mr. Rodriguez: Do you want a historic designation for your property, maybe,
or...
Mayor Suarez: How come you guys didn't think of my house as a historic
designation? I could get some tax benefits, couldn't I?
Mr. Rodriguez: Next Commission meetingl
Mr. Plummer: They hate to say a grown Mayor cryl (LAUGHTER)
Mayor Suarez: The pictures are not very convincing. I have to go on staff
recommendation. I hope that we can undesignate at some point, if it turns out
that the property so designated just remains in its present appearance, which
is not a particularly good one. Either that, or the pictures aren't very
revealing.
Mr. Plummer: Well, Mr. Mayor, I am voting on it only because of the fact that
there is a procedure that after six months of that procedure, if in fact
nothing happens, the owner can do what he wants with the rights of his
property. I would say to this gentlemen if he did anything in that particular
area, by the time he would file his application, have his architect, get his
plans, get to a contractor, that's is going to be six months anyhow, so he has
that out if he wants, without any question in my mind, to change that. You
know, the color of the paint she said can be done in one day. I don't agree,
it is going to probably be two. The change of you know, anything, it does
comply one day or two. That I have no problem with. The only problem I have
is had from the very beginning, is the rights of a property owner to do with
his property for that which he has, and I think when you take those rights
away, you've got to compensate him for it. We're not taking those rights
away. At best, we are putting in a minor delay. I don't think you can build
a home today without going through a six-month process of plans, architects,
construction, to start construction, so that's the only reason I am voting for
this, because the owner does have that right, which he initially had, at the
worst, at the end of six months.
Mayor Suarez: Or subject of course, to convincing the Heritage Conservation
Board, and I don't know if he has to then convince the Commission, that the
property should be undesignated or should be allowed to be demolished.
Mr. Plummer: No, air, that's the question I just asked. Ire it a hearing
before that one board? - not before this Commission, the answer was yes.
Mayor Suarez: If they grant it, I guess that would be...
Mr. Plummer: If they deny it. That's still at the and of the six months, the
owner can do what he wants, is that correct?
Ms. Eaton: Yes.
19 October 27, 1988
1
Mayor Suarez: If the Heritage Conservation Board refuses to take away the
designation, and to permit demolition, le would have to appeal to the
Commission. What would he do in that situation?
Mr. Plummer: No, that's not what I am hearing.
Ms. Eaton: The Heritage Conservation Board cannot deny the demolition - only
up to six months.
Mayor Suarez: I see.
Mr. Plummer: Well, I would assume they wouldn't deny it. They would
disapprove the concept, but they can't deny it.
Mr. Rodriguez: They can delay it up to six months, but in some other cases,
for example, the Conservation Board ius approved demolition very fast when it
has been logical.
Mayor Suarez: Can a citizen appeal to the Miami City Commission if the
Heritage Conservation Board does permit demolition in that situation?
Ms. Eaton: Yes.
Mr. Plummer: But it is only six months in which that appeal could be heard.
Ms. Eaton: Right. After six months, that's it.
Mr. Plummer: The owners...
Mayor Suarez: I'd presume that in those six months. In other words, can we
impose on the Heritage Conservation Board our ideas on something that should
be preserved and we would not want demolished in that situation?
Ms. Eaton: I don't believe so.
Mr. Rodriguez: I don't think so.
Mayor Suarez: OK.
Mr. Plummer: That's called lobbying.
Mr. Smith: I think you are focusing, you are focusing on demolition. A
property owner may not want to demolish a building. A property owner may want
to change a window, and we want to put... let's say we want to put window "a"
and the board says, no, we want you to put window "b." Their decision is
binding and we can wait from now until forever and that's the decision of the
board.
Mr. Plummer: No, sir, that's not true. If that were the case, I would vote
against the application. If in fact it were that difficult, "a" to "b"
window, the worst would be six months, it is not forever. Now, I don't know
that a window change is that critical to you as an owner that you couldn't
wait six months to change that window, if that, using your example, OK? I
think that the real, it is not really denying you the right of your property.
Six months, you can put window "b" in if you want.
Me. Eaton: That is not true, Commissioner. The Heritage Conservation Board
does have the right to deny certificate of appropriateness for alterations;
however, that denial can be appealed to the City Commission.
Mr. Plummer: There is a procedure for relief of a property owner.
Ms. Eaton: Yes.
Mr. Rodriguez: Another thing that I Brant to add, any property in downtown,
within CBD-1, whether they are designated historic or not, that alter.. wants
to work vn the outside except for painting, that they don't have to get a
permit from the Planning Department. They are required to get a Class C
permit.
20 October 27, 1988
Mr. Plummer: Sir, under our ridiculous Charter, you cannot do anything in
this City, not just downtown, without applying for a permit, in which the
Charter states that any improvement, alteration, rehab, in excess of $100
requires a permit. Now, people don't comply, of course, but that's your
catchall. You can't telephone an architect today for $100.
Mayor Suarez: And the process is very similar as for as appropriateness of
use and modifications to that that is now in place for the Latin Quarter.
Mr. Rodriguez: The process in Latin Quarter is a little bit more complex I
would say. In a sense...
Mayor Suarez: It doesn't seem to have impeded property development of the
area and may have actually enhanced it, although I'm not quite ready to reach
that conclusion.
Mr. Rodriguez: I have to give you a tour of the area.
Mayor Suarez: No, please, no more tours of the area, I live in that area. I
don't need any tours. OK, we have a motion.
Mr. Plummer: I like the Spanish style filling station.
Mayor Suarez: Yes, very nice filling station, 17th and 8th Street.
Mr. Rodriguez: It's called Phillipo.
Mr. Plummer: It's called what?
Mr. Rodriguez: Phillipo.
Mr. Plummer: Oh, yes.
Mayor Suarez: Do we have a motion on this item? Did you move it?
Mr. Plummer: I moved it, Mr...
Mayor Suarez: Do we have a second? Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO CHAILLE
BLOCK, LOCATED AT APPROXIMATELY 401-47 N. MIAMI
AVENUE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
21 October 27, 1988
--------------------------------------------------------------------------------
12. FIRST READING ORDINANCE: HAHN BUILDING - approximately 140 N.E. 1
Avenue, apply Section 1610 HC-1 Heritage Conservation.
Mayor Suarez: PZ-12.
Ms. Sarah Eaton: The Hahn Building is located across the street from Gesu
Church and is architecturally significant as an early commercial building with
neoclassical detailing. The building is particularly noteworthy for the
degree of its decorative ornament throughout the exterior and the building is
also significant historically as a reflection of the growth of Miami at the
beginning of the boom era. This building was constructed in 1921 and I'm
sorry you can't see on the slide all of the incredible detail on the facade of
this building. We have had no response from the owner on this particular
property.
Mr. Plummer: So we're going to write the history of Miami about a sub shop.
Ms. Eaton: You need to look above the first floor on these commercial
buildings.
Mr. Plummer: People don't look above the first floor.
Ms. Eaton: That's what we're trying to get them to do.
Mayor Suarez: Yes, the first floor is nothing worth talking about preserving,
whatever, I mean if you could just sort of demolish the first floor leaving
the second floor intact, that would be...
Ms. Eaton: We would like to work with the owners, encourage them to make
improvements to the first floor that are more in keeping with the character of
the building.
Mayor Suarez: OK, I'll entertain a motion on this item.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved. Seconded. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO HAHN
BUILDING LOCATED AT APPROXIMATELY 140 NORTHEAST 1ST
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS.
Was introduced by Commissioner Kennedy and seconded by Commissioner De
Yurre and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS DURING ROLL CALL:
Mr. Plummer: Silence gives consent, I vote yes.
22 October 27, 1968
13. FIRST READING ORDINANCE: TRINITY EPISCOPAL CHURCH - approximately 464
N.E. 16 Street, apply Section 1610 HC-1 Heritage Conservation.
------------------------------------------------------------------------------
Mayor Suarez: PZ-13.
Ms. Sarah Eaton: Trinity Episcopal Church is located in the Omni area. It
was designed by H. Hastings Mundy in 1923.
Mr. Plummer: Do we have a response?
Ms. Eaton: The owner is opposed to the designation.
Mr. Plummer: OK.
Mayor Suarez: The owner's not present in person or through attorneys? That
is one beautiful structure.
Ms. Eaton: Yes, the building is listed in the national register.
Mayor Suarez: It is listed?
Ms. Eaton: Yes.
Mayor Suarez: So now, if it was listed that means that for them to want to do
something like demolish it or change its use or something, it would take quite
a bit of doing, wouldn't it?
Ms. Eaton: No, there's no effect on national register listing unless federal
funding, federal licensing or some federal involvement.
Mayor Suarez: Oh, I was assuming, I guess, that since they had it listed that
they had taken advantage of some...
Ms. Eaton: No.
Mayor Suarez: That you're aware of?
Ms. Eaton: No, none that I'm aware of. The building is one of the most
outstanding churches in the downtown Miami area and has been very well
preserved. It's an oasis in the Omni area.
Mp;or Suarez: That's the interesting thing that it is very well preserved and
yet they're opposed, as far as you know, h,:h?
Ms. Eaton: Yes.
Mr. Plummer: You know, it doesn't make any sense to me, I can't imagine it
would ever be anything but that cathedral there.
Mrs. Kennedy: There were ten people opposed actually.
Mayor Suarez: And there's technically and as far as the criteria that we're
supposed to apply, there's every reason for approving it.
Ms. Eaton: Yes, sir.
Mr. Plummer: Let me ask you if it's proper, I guess it's proper, the ten
people who opposed it, were they at the meeting, the previous meeting in the
Planning Department? What were their reasons for opposition?
Ms. Eaton: I think they're afraid of government involvement, government
bureaucracy...
Mr. Plummer: Well that' sure a natural concern.
Me. Eaton: That's the primary objection.
23 October 27, 1988
Mr. Plummer: But was it explained to them that after six months they could
come back and do what they wanted?
Ms. Eaton: We explained the ordinance to them.
Mr. Plummer: And they're still opposed?
Ms. Eaton: Yes.
Mayor Suarez: OR, I'll entertain a motion on this item.
Mr. De Yurre: Move.
Mayor Suarez: Moved. I'll second.
Mrs. Kennedy: It has been moved and seconded. Any further comments? Please
call the roll.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO TRINITY
EPISCOPAL CHURCH, AT APPROXIMATELY 464 NORTHEAST 16TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 23 OF SAID ZONING ATLAS.
Was introduced by Commissioner De Yurre and seconded by Mayor Suarez and
passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I feel that the application is out of scale with the needs of the
neighborhood and I'll vote no.
------------------------------------------------------------------------------
14. FIRST READING ORDINANCE: LUMMUS PARK AND SCOTTISH RITE CATHEDRAL - apply
Section 1610 HC-1 Heritage Conservation.
------------------------------------------------------------------------------
Mayor Suarez: PZ-14.
Ms. Sarah Eaton: The Lummus Park Historic District is a slightly different
animal than the other items we have been discussing today.
Mr. Plummer: Tell us the boundaries of that so called district.
Ms. Eaton: The district is bounded by Lummus Park on the south.
Mr. Plummer: That goes down as far as Second Street.
Ms. Eaton: Yes.
Mr. Plummer: OR.
24 October 27, 1988
Ms. Eaton: River Drive on the west.
Mr. Plummer: OK.
Ms. Eaton: The I-95 expressway on the east.
Mr.
Plummer:
OK.
Ms.
Eaton:
And there's a slightly irregular boundary
on the north.
Mr.
Plummer:
But is it primarily Third Street?
Ms.
Eaton:
Third and Fourth Street.
Mr.
Plummer:
Third and Fourth Street.
Ms.
Eaton:
Parts of Fourth Street.
Mr.
Plummer:
Where is the parts on Fourth Street?
That's part - in other
words, it's
not contiguous to the major part? Oh,
oh, I see. That area is
also
Lummus
Park?
Ms.
Eaton:
No, but this is being called the Lummus Park Historic District
because
that...
Mr.
Plummer:
Why didn't you include the others?
Ms.
Eaton:
Because those are new buildings that
do not contribute to the
district.
Mr. Plummer: Well, what about the property that's vacant? Why - in other
words, why didn't you square it off and carry it over on 5th Street over to
the expressway, that white area there?
Ms. Eaton: Because in drawing the boundaries for historic districts, we try
to exclude noncontributing buildings that are on the fringe.
Mr. Plummer: I got to put something in the record, I'm sorry. On the corner
of the avenue, the other avenue on 5th Street - what is that, 4th Avenue? -
Moons Enterprises. There's been more history written about that corner of
Miami than any other structure in this community.
Ms. Eaton: Which building is that, Commissioner?
Mr. Plummer: Moon Enterprises.
Mr. De Yurre: Hotels, bars....
Mr. Plummer: You hit it with the first one. No, the question I'm asking, it
would seem logical as we do things around here that you would square it off.
Ms. Eaton: Well, two... the reason we didn't, it's certainly something we
could have done, but if there are new buildings - there is a large apartment
building.
Mr. Plummer: There's a lot of vacant property in there.
Ms. Eaton: Yes, there is, but on the - that area, lots 9 gnd 10 contain a
large apartment building that is out of scale with the character of the
historic district and if we can exclude...
Mr. Plummer: Well, there's a lot of structures, as I recall in there that are
out of character with the historic...
Ms. Eaton: There are only two. And there will always be some noncontributing
buildings in a historic district but we try to minimize the number.
Mr. De Yurre: What happens with a vacant lot if you want to build something?
Ms. Eaton: That would be .;proved by the Heritage Conservation Board.
25 October 27, 1988
Mr. De Yurre: And it has to be - has to look like...
Ms. Eaton: It doesn't have to look like it, it needs to be compatible with
the historic character of the area but we are not looking for a reproduction
historic building. It could clearly be a contemporary building as long as it
were not just a box. We would be looking for some t.ype of detailing, some
type of character on the building. If it is within the district. Outside of
the district, we would not review it. There are a few vacant lots in the
district, but not many. There are three non-contributing buildings in the
district, I stand corrected.
Mr. De Yurre: What's right there on the 4th Street between 3rd and, I guess,
what is it 4th?
Mr. Plummer: Third and Fourth Avenue.
Mr. De Yurre: Yes, right there. You see that lot 7910 next to the red area?
What's there?
Ms. Eaton: Where the pen is is vacant.
Mr. De Yurre: No, I'm not talking about the pen, I'm talking about lots 10,
9, 8, 7 and then you got 6 and 5 which are in red on 4th Street. There,
what's the....
Ms. Eaton: I believe it is vacant, but I'm not sure.
Mr. Plummer: Yes. Its' behind the apartment house. I think that's the
parking for the apartment house.
Mr. De Yurre: You know, I think it makes sense that if you're going to
designate an area, that you include, you know, it would go to the expressway
and then that would break it off as opposed to putting some.,.
Mr. Plummer: Squared off.
Mr. De Yurre: ... some modern type of building there that, you know, is not
going to lend to the historical presence of that area.
Ms. Eaton: If we did increase the boundaries of the district, we would have
to go back to the Heritage Conservation Board and start the public hearings
all over again.
Mr. Plummer: I move that. I move it to send it back and square it off.
Mr. De Yurre: Do you want to include Moon's in there?
Mr. Plummer: You got to include it if you're going to square it off.
_ Mr. De Yurre: Well then now, if you include Moon's, then you're going up to
5th Street. Where are you going to break off?
Mr. Plummer: No, where they break off now. Wait a minute, push the map down
a little bit. Oh, I see, it doesn't include any of that facing 5th Street.
Ms. Eaton: No, sir, there are only maybe one or two at the most buildings
that would contribute to the character.
Mr. Plummer: Oh, yes, that's a disaster.
Mayor Suarez: You know...
Mr. De Yurre: What's on the 5th Street side there between 4th and 5th Avenue?
Ms. Eaton: I'm not sure if there any historic buildings at all.
Mr. Plummer: Oh, no, you got to paint and....
Ms. Eaton: It would be difficult to...
Mr. Plummer: You got a paint and body shop in there and you've got use...
26 October 27, 1988
0
Ms. Eaton: ... justify those boundaries under the ordinance.
Mayor Suarez: You know, I have the opposite concern that my fellow
commissioners on this one. What makes you believe that this will not be an
Incredible disincentive to improving an area that looks about as bad as you
can possibly look, I don't...
Mr. Plummer: Oh, I'm not disagreeing with you.
Mrs. Kennedy: I can't disagree with that, I'm with you a hundred percent.
Mayor Suarez: Yes, I mean, this is a huge area that you want to designate and
I know that there's ways around historic designation if economically it's just
not feasible to maintain the structures, you've told me about that
procedurally, as to single buildings or very small strips. But this is a
large area now, I don't - what's worth preserving in any of that?
Mr. Plummer: Well, there is one structure that I know of that exists there
and that's the Masonic Temple.
Mayor Suarez: Masonic Temple.
Mr. Plummer: That is a very, very fine structure.
Mayor Suarez: Well, couldn't we designate - how much of that is taken up by
the Temple?
Mr. Plummer: It's across the s... well, but you see, it's outside of the park
area.
Mayor Suarez: Yes. It's one tiny area of - I mean, you've got...
Mr. Sergio Rodriguez: The other example that you have of an area - areas that
have been designated are Morningside and the - which one is the other one?
Ms. Eaton: Buena Vista.
Mr. Rodriguez: Buena Vista is...
Mayor Suarez: There's a lot in Morningside that's worth preserving.
Mr. Rodriguez: Right, but I'm saying...
Mayor Suarez: Almost everything in Morningside is worth preserving and you
compare that to...
Mr. Rodriguez: In that area have been having a tremendous effect in improving
the neighborhood. We do believe that if this were - if people were aware of
the area, especially when we finish all the improvements that you have
approved in the past along the river, this area will become an area that might
attract people to come back to live in.
Mrs. Kennedy: So you're saying that by creating the district as we did in
Morningside and bring the restaurants....
Mr. Rodriguez: It will have an effect in stabilizing the area.
Mrs. Kennedy: ... it will have a positive affect on the area.
Mayor Suarez: And you believe in the fairy godmother too, right?
Mr. Rodriguez: In San Antonio, for example, close to downtown, there is an
area similar to this with Victorian houses and old houses mixed together and
that area started pretty bad a few years ago. Now, it's one of the areas in
which have become very fashionable for people to move close to downtown.
Mr. Plummer: Let me ask a question. Is it within under this designated
historic designation, can this Commission instigate action to remove a
historic designation?
Ms. Eaton: Yes, you would do it the same way as a property owner.
27 October 27, 1988
k
Mr. Plummer: In other words...
Ms. Eaton: Oh, to remove - I'm sorry, the designation?
Mr. Plummer: No, if we - let's any we were to do all of this area right now,
OK7 Can this Commission instigate action at a later date to de -designate a
certain portion of that areal
Ms. Eaton: Yes.
Mayor Suarez: Yes, suppose we decided we wanted to develop it, the area, that
It has not developed properly with the designation and we wanted to
undesignate it, could we, as a Commission, do that?
Ms. Eaton: We're in the process of doing that with one historic site in the
City as a matter of fact.
Mayor Suarez: Which is that?
Mrs. Kennedy: And what is the process?
Ms. Eaton: There would be a request to remove the historic designation and it
would go back through the public hearing process.
Mr. Rodriguez: Right.
Mr. Plummer: And this Commission has that authority to do same?
Mr. Rodriguez: Final authority, yes.
Mr. Plummer: No, to initiate.
Mr. Rodriguez: No, you can instruct the staff to study the area and look at
the area for possible changes. We will go through the process, go before the
Historic Preservation Board and then it would come to you finally for action.
Like you initiate any change in zoning.
Mr. Plummer: OK.
Mr. Rodriguez: But it would have to be through a staff indicating the
Planning Department or Administration to look at the area to see if the area
should be look again to consider the possible elimination of some properties
which are not properly designated.
Mr. De Yurre: What is being done right there along the river? I know that we
have some improvements there. What else are they going to be doing there?
Mr. Rodriguez: Well, you have before you, I believe already, or coming soon
before you, an RFP for a proposal in part of the river to bring marine related
activities and restaurants in that area. There have been also a public works
project that have been finalized now that have a lot of sidewalks that have
been improved and trees that have been planted. The idea is to create a
district along the river all the way through that will have restaurants and
that will have market places that will bring people to the downtown area to
that area downtown and also to connect to the Lummus Park area where we have
also some buildings already located again, to try to revitalize the area
through those actions.
Mayor Suarez: Some call them buildings, some call them eyesores.
Mr. Plummer: Well, you know, right across that street...
Mr. Rodriguez: They're going to be improved though.
Mr. Plummer: ... you got probably the key and that's the Pioneer Club.
Mr. Rodriguez: Right, that's the reason what part of this has been delayed
have been the very lengthy negotiations with the Pioneer Club which is a key
property in the redevelopment of all these frontage in the river.
Mayor Suarez: Do we have money available to acquire?
28 October 27, 1988
i
E
Mr. Plummer: No, it is our property, they lease from us.
Mr. Rodriguez: They have a lease with us and the...
Mayor Suarez: Well, to take back the lease or whatever.
Mr. Rodriguez: ... the lease is under very beneficial terms to them and in
the negotiation of the lease, they have been asking for an amount of money for
which we had not been able to recommend to you because it's out of what we
believe is reasonable.
Mr. Plummer: Well, I think also, Mr. Mayor, the question is, do we want them
out of there? Here we are designating across the street a historical
designation and now we're telling the same breath, we don't want the pioneers
there?
Mr. Rodriguez: Well...
Mr. Plummer: You know, does that make any sense?
Ms. Eaton: I believe there's the proposal to move them into Lummus Park...
Mr. Rodriguez: Into the park.
Ms. Eaton: ... where there would be like a living history museum and they
would be one major component.
Mayor Suarez: That's an interesting idea.
Mr. Rodriguez: The idea was to try to move them from that building where they
are, move them into the park and then in that property that they have a lease
from us, we will develop that as a waterfront property with some slips for
marina and possible restaurants and so on. That would really improve that
area tremendously. But, again, we have been negotiating with them for a long,
long time now and we seem to get nowhere because of the price that they are
asking for that is a little bit out of range.
Mr. Plummer: Well, the only thing they have is a leasehold interest.
Mr. Rodriguez: Right, but they are for 99 years, I believe.
Mr. Plummer: In the past or the future?
Mr. Rodriguez: I'm sorry to say it's in the future.
Mr. Plummer: Well, is it within the purview of this board today to cut down
the designated area?
Ms. Eaton: Yes.
Mr. Plummer: Then I would move that the Lummus Park, including the Scottish
Rite Cathedral, be given that designation. I move that the Lummus Park, which
exists from 2nd Street to 3rd Street, I-95 to North River. Drive, and including
the Scottish Rite Cathedral, be so designated today.
Mayor Suarez: So moved.
Mr. De Yurre: Before I second that, what impact is that going to have on what
we're trying to do there in the park?
Mr. Rodriguez: Sorry, what was the question?
Mr. De Yurre: What impact would that have on what we're trying to accomplish
with the park about fixing it up and the money's been already designated for
the fix -up of Lummus Park.
Mr. Rodriguez: Well, the amount of money for the Lummus Park will be there to
continue improving it, you know.
Mayor Suarez: Well, the proposals. The kinds of things we want to do in the
park...
29
October
27,
1988
Mr. Rodriguez: The proposals that we have.
Mr. De Yurre: Does it. affect what is being proposed?
Mr. Rodriguez: The only thing is... the only thing - no, the only thing that
I see is that area would have more of an appeal if it was a complete area that
Mould have historic properties around it., that will be attractive for people
to move in the area once Lummus Park is designated.
Mr. Plummer: Sergio, that's not his point. This Commission designated
$100,000 as I recall for the upgrade...
Mr. De Yurre: Ninety or something like that, somewhere around there.
Mr. Plummer: Well, a designated amount of money to upgrade Lummus Park.
Mr. Rodriguez: It shouldn't affect the upgrading of the Lummus Park, on the
contrary.
Mr. Plummer: OK, well that's...
Mr. De Yurre: Not the monetary situation, what is going to be done there.
Mr. Rodriguez: Right.
Mayor Suarez: The kinds of things that we have in mind...
Mr. Rodriguez: It shouldn't affect that.
Mr. De Yurre: OK.
Ms. Eaton: I would...
Mr. De Yurre: My concern is with the whole area, you know, without getting
into the issue of adding or not adding, I think that if you're going to
designate - if you want to designate that whole area then you should just
block it off and complete it, you know, that is my opinion. You know, I don't
see a reason why, you know, we should just cut that end off. I think that the
natural buffer or the natural end to that would be the expressway right there.
Ms. Eaton: I would also like to point out that a number of property owners in
the area are in favor of having a historic district. There are some opposed
as well, but...
Mayor Suarez: Did you second it for disc...
Mr. De Yurre: No, well...
Ms. Eaton: ... a large number are in favor.
Mayor Suarez: With the clarification?
Mr. De Yurre: I'll second it for discussion purposes, but...
Mayor Suarez: Sir, do you want to address the... give us your name and
address, please.
Mr. Guy J. Lariso: Guy J. Lariso, I live at 18380 S.W. 72nd St. I own a
piece of property right there with a building and three lots in that
designated area.
Mayor Suarez: Which of those, air?
Mr. Lariso: 345 N.W. 3rd Street.
Mayor Suarez: Are you in favor or against the proposed designation?
Mr. Lariso: Against.
Mayor Suarez: You understand the motion is now before us does not include
that area, right?
30 October 27, 1988
0 0
Mr. Plummer: Correct.
Mayor Suarez: In other words, we're moving an area does not include...
Mr. Lariso: I understand, I understand that but I - when they claimed just
Lummus Park, I was just wondering how far they're... whether they were going
to show that building or not.
Mayor Suarez: No, I guess as now presently proposed in the motion, it will
not include that.
Mr. Plummer: If the motion passes.
Mayor Suarez: If the motion passes.
Mr. Lariso: OK.
Mr. Rodriguez: I think a point that Sarah was trying to make is that we have
at present six letters in favor from property owners that would like to....
Mr. Plummer: We heard that already.
Mr. Rodriguez: Oh.
Mayor Suarez: And why would you be opposed to the entire designation? We
lost you.
Mr. Lariso: I'm not opposed to the whole thing, I'm just opposed to what the
building that I have and the property I have.
Mayor Suarez: You're opposed to your own property?
Mr. Lariso: No, I'm opposed to what they want to do, what they require of me.
Mayor Suarez: Why are you opposed to being included in an historic
designation?
Mr. Lariso: I don't want to be include, I want to be out of it.
Mayor Suarez: Yes, why care you opposed to being included? Why do you want to
be out of it?
Mr. Lariso: Well, for one thing, I went to and asked - I had to put windows
in that building and I wanted to put in louvered windows in aluminum and she
told me, no, I couldn't do this. I had to put wood back in there. Well, the
biggest problem I have in the building is the termites.
Mayor Suarez: OK, she's shaking her head, let's hear why is that not the
case, Sarah?
Ms. Eaton: I did not say that the owner had to put new wood windows back. I
indicated to him that we would suggest that he investigate the possibility of
repairing the existing windows which in the past has proven cheaper than
replacing all windows. If that's not the case then he could certainly use
aluminum windows. We would prefer not to have louvres. We would, I'm sure
the board would recommend that the windows replicate at least in a simpler
format, the existing windows but wood windows definitely not be required.
Mr. Lariso: I'm opposed to it anyway I sent the card in on the... where are
we?
Mayor Suarez: OK, yes, for the record, we understand that you're opposed to
it. I just wanted to get some reasons and we ..
Mr. Lariso: Yes. And this, the signature...
Mayor Suarez: We now have a motion that does not include your property. We
may later include it, I don't know. It depends on Commission action. Thank
you, air. We have a motion and a second. Read the ordinance. Call the roll.
31 October 27, 1988
0 0
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAM1;
FLORIDA, AS AMENDED, BY AFPLYING THE HC-1; GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO LUMMUS PARK,
BOUNDED, GENERALLY, BY NORTHWEST 3RD STREET ON THE
NORTH, NORTHWEST 3RD AVENUE ON THE EAST, NORTHWEST
NORTH RIVER DRIVE ON THE SOUTHWEST AND NORTHWEST 2ND
STREET ON THE SOUTH, AND THE SCOTTISH RITE TEMPLE,
APPROXIMATELY 471 NORTHWEST 3RD STREET (MORE
PARTICULARLY DESCRIBED HEREIN): MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Rosario Kennedy
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: I'm going to vote against it. I was convinced that the whole
area should be given a shot to be... thank you.
Mayor Suarez: Yes, but I do want to say, following up on that thought, that
if you show through this designation, through the passage of time, through
incentives that we create, through whatever, that, in fact, we're beginning to
do something in the area and that we can have a positive domino effect, I'd be
very interested in looking at the entire area again, Sergio, and don't take
that to mean that it's foreclosed. I don't think the Commission feels that
way and I think I reflect Commission consensus on that.
15. OLD U.S. POST OFFICE AND COURTHOUSE - approximately 100 N.E. 1 Avenue,
proposed ordinance to apply Section 1610 HC-1 Heritage Conservation
failed; (A) reconsider failed vote; and (B) continue for full
commission.
Mayor Suarez: PZ-15. Planning Department recommends approval, the board
recommends approval. The old U.S. post office and court house.
Mr. Plummer: We're on which item?
Mayor Suarez: Fifteen.
Mrs. Kennedy: Fifteen.
Ms. Sarah Eaton: Item fifteen.
Mayor Suarez: Approximately 100 N.E. let Avenue.
Ms. Eaton: The old U.S. post office and court house is architecturally
significant an an outstanding example of the neo-classical style in Miami.
This building was the first major federal structure to be constructed in
Miami. After the federal government moved out into larger quarters to the
court house several blocks north, the building became home to First Federal
Savings & Loan Assn. which is now AmeriFirst which was the first chartered
savings and loan association in the country. Included within the designation
32 October 27, 1988
Is the federal building that was constructed between 1912 and 1914, as well as
the additions made to the building by AmeriFirst to house its banking
operations.
Mr. Plummer: I notice that at the Planning Board it was a 4-4 vote which
constituted a denial. What were the reasons given for those who opposed?
Ms. Eaton: I believe because the owners were in opposition.
Mr. Plummer: Who is the present owners?
Ms. Eaton: There are two owners. One, owning the main building in itself
whom I believe Mr. Traurig is representing and Nathan Rock owns the wrap-
around addition.
Mr. Plummer: What is the building... is it still being used as a bank todayl
Ms. Eaton: Yes, it is.
Mayor Suarez: OK, counselor.
Robert Traurig, Esq.: Mr. Mayor, members of the Commission, my name is Robert
H. Traurig, I'm an attorney with offices at 1221 Brickell Avenue. I want to
discuss with you the concept of res adjudicata first so that you will
understand as you have been instructed by your City Attorneys over a period of
years, how it applies to this particular situation. This matter does not come
before this City Commission today for the first time. It was presented by the
same applicants, your Planning Department and Sarah, four years ago. And it
was denied by this board of City Commissioners four years ago. There is a
doctrine which I'm sure is well known to you which says that if the matter has
previously been adjudicated, you cannot get a different result unless there
are substantial changes of circumstances and that doctrine is res adjudicata.
I asked Sarah before the Planning Advisory Board, what changes have taken
place in the immediate area that justify a different result this time than
last time and she said, none. And I'm saying to you that the corner of N.E.
1st Street, N.E. 1st Avenue is identical to the corner as it was when the City
Commission rejected the identical application four years ago. Now, therefore,
I - our position is that as a matter of law, you cannot approve this
application. The question is, from a factual situation, why was it denied
four years ago?
Mayor Suarez: Before we get to that, can we hear from our City Attorney on
that, it's the first time I hear res adjudicata applied to a Commission
action.
Mr. Jorge Fernandez: My understanding would be that, as with any zoning
matter, an application can be renewed after a determined period of time. I'm
_ looking at the ordinance right now, 9500, to determine whether that's 12 or 18
months, but my opinion would be that an application in zoning can be renewed
even though at one time it was considered and defeated.
Mayor Suarez: One change of circumstance that I'm sure has taken place, I
don't know that we have documented it or have very concrete quantitative proof
of it is and I'm sure there's less of those kinds of buildings four years
later than there were at the time so - and some have been knocked down or...
Ms. Eaton: That's the definite change. When I did the survey in '85, of the
original 600 buildings that had been included in the Dade County survey, one-
third of those had been demolished.
Mayor Suarez: OK, on the factual?
Mr. Traurig: On the factual. I think it was determined by the City
Commission, your predecessor City Commission, that this building that you're
looking at which is really two different buildings, one being the building in
the front which it originally did house the post office and the other being
the wings that were added in very recent years. The original building has
been changed. You're not looking at the historic structure that she would
have you consider as being necessary to be preserved. Because, if you would
look at a before and after photograph, you would find that the original
building had steps on lot Avenue and arches. The steps have been removed,
landscaping has been installed between the building and the sidewalk. The
33 October 27, 1988
arches have been enclosed, windows have been installed at the first level, the
stone has been changed, awnings and emblems have been added, and this is not
the same building that she would Ray to you is identical to the building that
was built. and ought to be preserved. And the city Commission, in analyzing
the architectural aspects of it, reached the conclusion that this is not an
historic bullding. True, it housed the U.S. post office and the federal court
In its early days. And true, it was the home of AmeriFirst or First Federal
of Miami when First Federal was first founded but we're not talking about the
users of the property, we're talking about the property per se. And we're
saying to you that there was justification for the denial of the application
initially. I'm also saying to you that notwithstanding the opinion of your
City Attorney that says that a new application can be filed, you must apply
the law. And the law says that if you have already reached a determination
you cannot ignore that determination in reconsidering the item. I would also
tell you that we're in CBD-1/9, the most liberal district in the City of
Miami. And you're asking us to be bound by rules that are not otherwise
applicable to all of our neighbors. And we're saying to you, therefore, that
we are not being given equal protection of the laws as provided by the
constitution. We ought to have the same development rights which our
neighbors have had and I think that the answers that were given to
Commissioner Plummer earlier with regard to that six month period, may be
misunderstood. It's not that within six months we can do whatever we want,
the only thing that the six months applies to is that if an application for a
certificate of appropriateness is filed to demolish the building - they can
delay that for eix months. It's not that we can do anything else during a six
month period or subsequent to a six month period. So that if we apply to
change the exterior of the building, or to add another floor, or to expand in
some manner, or to change the paint, or to change the stone, or to redo the
interiors, they can deny that application and we don't have any recourse
except to come to you and then to go to the courts. We can't wait six months.
The only thing the six months applies to is whether or not after they say,
yes, you can demolish but you can't demolish for six months, then we can
demolish. And if we're permitted to demolish after six months, shouldn't we
have the right to make some interior changes or to increase the size of the
building by either going up or going out? Of course we ought to have that
right but the ordinance doesn't permit it...
Mr. Plummer: Interior changes you can do today.
Mr. Traurig: ... and she gave you an answer which I think distorted it.
Mr. Plummer: Interior changes you can do without even a permit.
Mr. Traurig: No, sir, we cannot.
Mr. Plummer: Whoa, whoa...
Mr. Traurig: We cannot. When she was talking about paint, she's not talking
about making interior changes. We can't make interior changes.
Mr. Plummer: That's not my understanding.
Ms. Eaton: That's not true.
Mr. Traurig: Well, that's the answer that she's been giving consistently.
Mr. Plummer: Well, let's get the right answer.
Mrs. Kennedy: Let's ask her.
Ms. Eaton: The heritage conservation ordinance as applied to this building
has no effect whatsoever on the interior. We do not do any review.
Mr. Plummer: Well that's - excuse me, not just this building. It is my
understanding, under this ordinance, that it only applies to the exterior
facade of the building.
Ms. Eaton: There are some cases where interiors can be designated and
included within the designation and those have been listed in your designation
reports. For instance, the church sanctuaries which are a major part of the
character of a building have been included. And, for instance, Gunman
Theater, the interior of the theater was included in the designation but
that's a very unusual case and does not apply to this building.
34 October 27, 1988
0 0
Mr. Traurig: But, Com...
Mr. Plummer: Well, I would like in the future that our agenda be very clear
and those areas which have a restriction on any interior portion of that
building to be so designated on the agenda. Because I've traveled to this
point under the assumption that interiors were not affected, it was just the
exterior facade of the building. Now you're telling me something different.
Mrs. Kennedy: Now here it says, ordinary...
Mr. Plummer: Not necessarily this application.
Mrs. Kennedy: I'm sorry. Ordinary maintenance and repair do not require
review nor do changes to the interiors of most buildings.
Me. Eaton: Yes, the interiors have to be specifically listed in the
designation report as subject to review.
Mr. Plummer: Well, let me ask this question. Of any of the applications
which we have approved today, does the interior of the building apply to any
of those?
Ms. Eaton: To the church sanctuaries, yes. Yes, Mt... St. John's,
Ebenezer...
Mr. Plummer: Are those people who are affected aware of that?
Ms. Eaton: Yes, they are.
Mr. Plummer: OK. Of course, all except Trinity because they opposed it.
Ms. Eaton: Right.
Mr. Rodriguez: May I clarify something for the record. On the application
that came before you four years ago was a different application because it
didn't include the second building that we're including now. And I think
legal counsel can tell you also that the applicant can reapply after a period
of 12 months have passed in any application. I think Mr. Traurig knows that
section of the ordinance that has been used before by his clients on other
cases.
Mayor Suarez: Let me ask Bob what I've asked other opponents of historic
designations. And you don't have to answer it obviously because your client
may have purposes and ideas and projects that he may or may not want to
divulge at this point. But what practical effect does it have in a negative
way, Bob, to your client to have the historic designation?
Mr. Traurig: When we first talked to Sarah about this several years ago, we
talked about putting another story or two stories on this building and her
answer was no. That is would change the visual impact of the building.
Mayor Suarez: Structurally you can do that without having to demolish it?
Mr. Traurig: No, we can't do it without approval by a certificate of
appropriateness from the heritage...
Mayor Suarez: No, I mean, you have a proper support with the structure there
to add stories without having to demolish the structure?
Mr. Traurig: I think so.
Mr. Plummer: Well, it's always the case. Just how much?
Mayor Suarez: Yes, well, if you almost demolish the structure.
Mr. Traurig: So, Mr. Mayor, if we're not able to add a story to the building
or if we're not able to make some alterations that are necessary, including
changing windows, because changing windows sometimes is necessary because of
air conditioning. If we can't make some other changes that might increase the
efficiency of the building, then what you may be doing is forcing us to ask
for a permit to demolish the building to build a new building, then you lose
35 October 27, 1988
I 0 !
the building altogether. We don't intend to tear this building down. What we
want to do is have the flexibility to make changes as changes are dictated by
the market place.
Mr. Rodriguez: In the previous application that I think Mr. Traurig was
referring to, I believe they were talking about adding 8 to 10 stories to the
property.
Mayor Suarez: Well, he said a couple.
Mr. Rodriguez: A couple, but there were a few more.
Mr. Plummer: A couple dozen.
Mr. Rodriguez: And I think that what we told them was that if they were to be
designated, it would have to come before the Heritage Preservation Board for
approval. That doesn't mean that he would have a problem. I can see the
problem that he may be facing if the board were to recommend against that but
I want to clarify the record.
Mr. Plummer: Let me clarify one other thing on the record. If they make an
application; they, a property owner, to do something to their building before
the historic preservation board, is that a cost factor?
Ms. Eaton: No, sir.
Mr. Plummer: It's absolutely free...
Ms. Eaton: Yes.
Mr. Plummer: ... it doesn't cost them anything.
Ms. Eaton: There's no fee.
Mr. Plummer: Except very expensive lawyers.
Ms. Eaton: Right, or for a building. There's a building permit fee but there
is no special fee for the Heritage Conservation Board.
Mr. Plummer: Well, yes, the permit that's today whether it was or was not. I
notice here that there were four replies against. Obviously, the two owners
were two. I don't know who the other two were and what their reasons are. Or
is that four owners?
Ms. Eaton: No, there are two owners. I'm sure that the replies against were
- the green cards that were sent back. I don't have any other letters.
Mr. Plummer: Well, I'm just reading from the agenda. It says mail replies
against, four. Oh, maybe those are the others that are so designated. OK,
they're ganging up.
Mayor Suarez: Let me complete the process, if I may, one more time. I know
it seems that we've clarified this before. Suppose they want to add a couple
of stories, or whatever. Heritage Conservation Board does not go along with
it or refuses to allow that. Then, what can they do next?
Ms. Eaton: They can appeal the decision to the City Commission.
Mayor Suarez: OK, now suppose we also don't go along, what happens then?
Ms. Eaton: Then, to the courts.
Mayor Suarez: OK, so it's not just a six month timetable here that they're
precluded. It's a six month timetable but we can finally, with Commission
action, forbid what it is they're planning to do. Can we also forbid
demolition?
Ms. Eaton: No.
Mayor Suarez: That's the one thing we cannot forbid. OK, but modification
and rebuilding on it or expanding it we can forbid and then they can go to the
courts and try to show that we didn't apply the proper criteria or whatever.
36 October 27, 1988
0 0
Ms. Eaton: Yes.
Mr, Traurig: Mr. Mayor, may I suggest one other thing7 I'm satisfied that
our research with regard to res adjudicate is correct and we have a complete
memorandum on it. I think that if the City Attorney's office did the same
kind of research it. would reach the same conclusion and that is, that you
cannot grant this application as a matter of law. If. you feel that you need a
memorandum from the City Attorney's office, perhaps you can defer this item or
continue this item until you get that memorandum, but. I'm suggesting to you
that as a matter of law, you cannot grant this application and that as a
matter of fact, you ought not do it.
Mayor Suarez: Actually, four years ago - wasn't it still being used as a
court house four years ago7
Mr. Plummer: No. I went there and paid my mortgage off.
Ms. Eaton: No, it hasn't been used as a court house since '31.
Mr. Traurig: This is across from Flagler Federal. This is the one on First
Street, Mr. Mayor.
Mr. Plummer: This is the old First Federal.
Mr. Traurig: This is the old First Federal on First Street.
Mr. Plummer: Yes, well I was telling the Mayor, I know it was a bank eleven
years ago because I went in there and paid my mortgage off.
Mr. Traurig: Right, across from Jackson Byrons.
Mayor Suarez: The problem with the res adjudicata argument, in addition to
the fact that our City Attorney doesn't agree, Bob, is that there really has
been a change of circumstances, in the last four years anyhow, but I'm not
persuaded by your argument. I guess you can always take us to court, you've
been known to do that in the past.
Mr. Rodriguez: It's an important consideration to know in the future because
that might preclude considering other zoning cases in the future and I
don't...
Mrs. Kennedy: Mr. Mayor, I think that by giving this designation, it might
affect property values in the adjacent area and looking at the list here I
think also that it will create an isolated district unrelated to adjacent and
near by district and therefore I'm going to make a motion to deny the
historical nomination.
Mayor Suarez: So moved. Do we have a second?
Mr. Plummer: Oh, I second.
Mayor Suarez: Seconded. Any further discussion? Anyone from the general
public wishes to be heard? Read the - don't read the ordinance, I guess.
Call the roil on the motion.
ON MOTION DULY MADE BY VICE MAYOR KENNEDY AND SECONDED BY
COMMISSIONER PLUMMER THE MOTION TO DENY THE HISTORICAL NOMINATION
OF ABOVE CITED PROPERTY FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: I'm going to vote no because I think if any building should
apply for this it Mould be this one, I think it looks great and I think it
37 October 27, 1968
fits into the whole scheme of ghat we're trying to accomplish here so I'm
going to vote_ no.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: The motion doesn't carry, I'll entertain another motion. It
might not carry but I'll entertain it.
Mr. Plummer: Well, just. to get it on the record and get it over with, I'll
move to approve because I can vote against it. Correct? I can make a motion
and vote against it.
Mr. Fernandez: Exactly, except if it's an indication of how the Commission
has just voted, the vote again after reading the ordinance will be a 2-2 vote.
Mr. Plummer: That is correct, but a 2-2 on a denial is that automatic
deferment?
Mayor Suarez: That's what he wanted to do.
Mr. Plummer: A move - I know what I'm doing - I move to approve.
Mayor Suarez: So moved. Do we have a second? I'll second the motion to
approve.
Mrs. Kennedy: There's a move to approve and a second. Any further
discussion?
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mayor Suarez: Just to be absolutely sure on procedures, suppose this motion
was not seconded. The status quo would have been preserved which is no
historic designation. It would not have been an automatic approval of the
Heritage Conservation Board's action, would it? If we took no action?
Mr. Plummer: It would be a deferral.
Mr. Rodriguez: It would be a deferral.
Mr. Plummer: Automatic deferral.
Mayor Suarez: But that's the same as - whether we take a vote on it, if the
vote does not pass, we have an automatic deferral.
Mr. Fernandez: Exactly.
Mayor Suarez: If we didn't take a vote at all, again, we have an automatic
deferral, do we not? It would not be...
Mr. Plummer: If there was not a second.
Mayor Suarez: Right, or not a motion at all.
Mr. Fernandez: Right.
Mr. Plummer: But there was a motion.
Mr. Fernandez: But there is a motion with a second.
Mayor Suarez: But if there was no second, if the motion never reached the
floor, we would not be approving...
Mr. Fernandez: It would be a no action.
Mayor Suarez: No action.
Mr. Rodriguez: So, it's a deferral.
Mr. Plummer: Which means an automatic deferral.
Mayor Suarez: So, it's the same thing either way.
38 October 27, 1988
i
Mr. Rodriguez: Right.
Mayor Suarez: OK. Call the roll.
ON MOTION DULY MADE BY COMMISSION PLUMMER AND SECONDED BY MAYOR
SUAREZ, THE MOTION TO APPROVE THE HISTORICAL NOMINATION OF ABOVE
CITED PROPERTY FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
NOES: Vice Mayor Rosario Kennedy
Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: OK.
Mr. Traurig: Thank you.
Mayor Suarez: Automatic deferral to - do we have...
Mr. Plummer: No, no, no, no. It's not a deferral, no, no. Nov, it
is
denied.
Mayor Suarez: No, no, the motion didn't pass.
Mr. Traurig: No.
Mr. Plummer: The application is now denied.
Mayor Suarez: There's no....
Mr. De Yurre: No, that's not what the attorney just said.
Mr. Plummer: Oh, yes. No, no.
Mr. Traurig: I think that the...
Mr. Plummer: The motion to approve was - the motion was to approve...
Mayor Suarez: And it didn't pass.
Mr. Plummer: And it is a 2-2 defeat is an automatic denial. Mr. City
Attorney.
Mr. De Yurre: Why did you just mention, Mr. City Attorney?
— Mr. Plummer: A 2-2 vote to deny...
Mrs. Kennedy: To approve...
Mr. Plummer: ... to deny, is a deferral. A 2-2 vote to approve and deny a
2-
2 vote is a denial of the application.
Mayor Suarez: Well, the motion didn't pass. I think procedurally we can
be
sure on that.
Mr. Plummer: That is correct.
Mrs. Kennedy: But the motion is different, the motion was to approve and....
Mr. Plummer: That's correct.
Mayor Suarez: Now, what the posture is at that point of a matter that did
not
_
have - that the motion to deny or to approve did not pass, I don't know.
Mr.
City Attorney.
Mr. Fernandez: OK, my better recollection is that on a motion to approve,
if
there is a tie, it's equal to a denial.
39 October 27, 1986
Mr. Plummer: Exactly.
Mr. De Yurre: Well, that's not what you said before the vote.
Mr. Plummer: Ahs, I knew what I was doing.
Mr. Fernandez: I stand corrected.
Mr. De Yurre: Well, then we got to move this out.
Mayor Suarez: I'll entertain a motion to reconsider if you want to do that.
Mr. De Yurre: I move.
Mayor Suarez: I don't know that, I still don't think it has any practical
affect, difference, but he wants to reconsider.
Mr. Plummer: That's the rules we've operated under. I mean, you know....
Mr. De Yurre: Well, I just think that, you know, we need a third vote.
Mr. Plummer: Hey, I'm not denying you your right to reconsider.
Mayor Suarez: OK, we have a motion to reconsider. I'll second the motion to
reconsider.
Mrs. Kennedy: Yes, that's the second...
Mayor Suarez: Why don't you call the roll.
Mrs. Kennedy: Call the roll to reconsider.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-961
A MOTION TO RECONSIDER VOTE WHICH FAILED TO PASS A
PROPOSED ZONING ATLAS CHANGE TO APPLY SECTION 1610
(HISTORIC DESIGNATION STATUS) TO PROPERTY LOCATED AT
APPROXIMATELY 100 N.E. 1ST AVENUE, THE OLD U.S. POST
OFFICE AND COURTHOUSE.
Upon being seconded by Mayor Suarez, the motion was passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: At the time of roll call, Commissioner Plummer and Vice
Mayor Kennedy voted no. Their votes were changed on comments following.
COMMENTS FOLLOWING ROLL CALL:
Mayor Suarez: You don't want to reconsider?
Mrs. Kennedy: No.
Mayor Suarez: OK.
Mrs. Kennedy: Because then we're back to the first...
Mr. De Yurre: OK, thank you very much.
40 October 27, 1980
Mrs. (Kennedy: Unless, excuse me a second, the motion to reconsider then,
assuming we go back to the original motion and it's again a 2-2 tie, then it
becomes a deferral. Correct, Mr. City Attorney?
Mayor Suarez: I think that's why he's trying to accomplish.
Mr. Fernandez: If that's what you re trying to accomplish, my better
understanding of the procedures of this Commission is that on a motion to
pass....
Mrs. Kennedy: Wait, I can't listen to both people at the same times.
Mr. Fernandez: On a motion to pass this ordinance, if there is a tie, it's
the same thing as a denial. A 2-2 would mean that it fails.
Mr. Plummer: And the only way that that could change is if you seconded my
motion to approve and it was then still a 2-2 tie, it denies the application.
In this particular case, the Mayor seconded my motion. I'll change this...
all right, let's go through the procedure.
Mrs. Kennedy: Yes.
Mr. Plummer: I'll change my vote for reconsideration, I'll vote yes.
Mayor Suarez: OK, do you change your vote for reconsideration as long...
Mrs. Kennedy: OK, and that's what I was going at. I will also change my vote
for reconsideration.
Mayor Suarez: OK, the matter's back on the table and you want to accomplish
what? You'd like to have it deferred in effect? You can also move to defer,
that might be simpler.
Mrs. Kennedy: Just move to defer it, that's right.
Mayor Suarez: Move to defer.
Mrs. Kennedy: Second.
Mayor Suarez: Second. Call the roll.
Mr. Rodriguez: Could you move to continue to November 17?
Mayor Suarez: Continue...
Mrs. Kennedy: Right.
Mayor Suarez: ... till we have a full Commission.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-962
A MOTION TO CONTINUE TO A MEETING WITH A FULL FIVE -
MEMBER COMMISSION CONSIDERATION OF AGENDA ITEM NO. PZ-
15 IN CONNECTION WITH PROPOSED ZONING ATLAS CHANGE BY
APPLYING SECTION 1610 (HISTORIC DESIGNATION STATUS) TO
PROPERTY LOCATED AT APPROXIMATELY 100 N.E. 1ST AVENUE,
THE OLD U.S. POST OFFICE AND COURTHOUSE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
41 October 27, 1988
0 0
COMMENTS DURING ROLL CALL.
Mayor Suarez: Don't get cute.
Mr. Plummer: Fox in the hen house. For deferral, yes, I'll vote yes.
Mayor Suarez: I'll vote no. I'm clear on what I want to do on this.
COMMENTS FOLLOWING ROLL CALL:
Mr. Plummer: So am I but, I, you know...
Mrs. Kennedy: We all know what we want to do.
Mayor Suarez: Anyhow, it passes on deferral.
Mr. Plummer: Out of courtesy to my colleagues.
Mayor Suarez: Right.
NOTE FOR THE RECORD: Item 17, PZ-16 (proposed Heritage
Conservation to the Meyer -Kiser Building) was continued to
November 17, 1988, by the following vote:
_ AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
16. FIRST READING ORDINANCE: ALFRED I. DUPONT BUILDING - approximately 169
E. Flagler Street, apply Section 1610 HC-1 Heritage Conservation.
Mayor Suarez: PZ-17. I'm sorry, did anyone from the general public wish to
object to that deferral? Let the record reflect that no one stepped forward.
Mr. Plummer: Let me - are we talk - that was item 16?
Mayor Suarez: Yes.
Mr. Plummer: OK.
Mayor Suarez: PZ-17.
Mr. Plummer: Let me ask a question on 17 of the Administration.
Mayor Suarez: A. I. DuPont.
Mr. Plummer: Four months ago I asked that this Administration with the voting
backing of this Commission, we had an offer to sell this building to the City
of Miami. I haven't heard a word back except I was told somewhere a couple of
months ago, they thought it was sold and then immediately came back and said
it wasn't sold. I, personally, think it's probably the best buy that this
City could make for its downtown City Hall. It's there, it's beautiful, it
has 400 parking spaces and I just have not heard a word back and I'm very much
upset that we're going to plan on spending $16,000,000 across the street to
renovate, but we can't have this beautiful, beautiful building, the Alfred I.
DuPont Building, as our downtown City Hall. And I'm upset because the
Administration hasn't even, to my knowledge, by virtue of no one saying
anything, done anything about it.
42
October 27, 198$
t
Mr. Rodriguez: Let me - can I offer that we bring this information before you
on November 3rd? Well, I sure would appreciate it because, you know, the
asking price is an asking price; I think they were asking $21,000,000 for the
building. That's a start for negotiation and that's what I was asking the
Administration to do, to negotiate to see what really in fact would be the
bottom line, because I want to tell you something, we're proposing to build a
City Hall between the Administration Building and the Folice Department. I
guarantee you you're not going to get out for 15 or 16 million dollars and
here we...
Mayor Suarez: Why don't you call it a new City Administration building as
opposed to a City Hall so that we don't have...
Mr. Plummer: OK, a City Administration building. I guarantee you, you will
not come anywhere near the beauty of that existing building that is there
today.
Mayor Suarez: Although the cost, I think, had been mentioned as being less
than that. How much had we been envisioning? Didn't we talk about a 10
million dollar structure? Has it ever been...
Mr. Sergio Rodriguez: For the Administration building?
Mayor Suarez: Yes. I thought I heard $16,000,000 at one point.
Mayor Suarez: Sixteen?
Mr. Plummer: Yes.
Mr. Rodriguez: Twelve to sixteen.
Mayor Suarez: See, I'm trying to negotiate with the DuPont people, so I want
to have the lowest...
Mr. Plummer: Yes, but what I'm saying is...
Mr. Rodriguez: But I'm sure we can do it for less.
Mr. Plummer: ... my God, what could be a better location in the heart of
downtown Miami to have your administration building than this one that has
been offered to us for sale?
Mrs. Kennedy: But let me ask you, it was my understanding that there was no
parking in that building.
Mr. Plummer: Four hun...
Mrs. Kennedy: Are you talking about a garage nearby?
Mr. Plummer: No, the garage is part of the building. It's 400 spaces that's
part of that building.
Mrs. Kennedy: Is that correct, Mr. City Manager?
Mr. Plummer: Oh, I park there all the time, Rosario.
Mrs. Kennedy: Yes.
Robert Traurig, Esq.: Commissioner, may I say that the representatives of the
owner have met with the City Manager and are in the process of doing a study
which will show how many millions of dollars the City will save by acquiring
that property. And the Manager is aware of that.
Mr. Plummer: Well, I'm glad to hear that but I'm very upset that we haven't
heard about it. I was the one who proposed it four months ago within a week
after we got the letter of invitation and I've not heard anything except one
day somebody said, oh, well it was sold and then immediately flew back and
said, no, I made a mistake, it wasn't sold.
Mr. Traurig: The owners would be very happy to speak officially with the City
and that's why they started the process by suggesting to the Manager that a
43 October 27, 1988
study be done which they would pay for to demonstrate t.o the City the
financing and the tremendous cost savings that would be available.
Mayor Suarez: Now many square feet are we talking about? - usable space for
office?
Mr. Traurig: Two hundred thousand plus...
Mr. Plummer: Well, but wait a minute, so you don't mislead the Mayor, that
came in sequence as leases became available.
Mr. Traurig: Yes, but there will be ultimately over 200,000 square feet.
Mayor Suarez: OK, now, so I have an idea, Commissioner Plummer, because I....
Mr. Plummer: I don't like that gleam in your eye.
Mayor Suarez: Yes, I'm going to try to put you on the spot here. Seriously,
because we have this law that says that we cannot meet privately to discuss
this...
Mr. Plummer: That's why we can do it right here.
Mayor Suarez: Exactly. And, so I have an idea how this Commission - because
I've been asked a lot by the media about this and I've not heard this handling
of the issue before on your part and I'm very interested in seeing that you're
interested in this building because, otherwise, I'm going to go on prior
statements that were made in regard to the Olympia Gusman situation where we
needed to commit to 35,000 square feet. I know that the rental amounts that
were projected as being what we'd have to pay are high and so on, but still,
do you share the same interest in moving into this building, the DuPont
Building for the Olympia Gusman situation because the City was only asked to
make a 10,000 square foot commitment there and, you know, that's 1/20th of
what we're talking about here and we certainly have space needs and I know
it's a little expensive at $26.00 a square foot but, it's a theoretical price
actually, are you moving in the direction of thinking that the City ought to
try to find existing structures including one that we own like the Olympia
Gusman or the DuPont Building for our future needs? If so, I'd be very happy
to hear that because that's the way I lean.
Mr. Plummer: Very definite, Mr. Mayor. There is a big difference in my mind
between the Alfred I DuPont Building and the Gusman Hall. Gusman Hall, we
were mandated that we had and could not sublease at any time and second of
all, more importantly to me, if the City bought the DuPont Building, we would
control it. We do not control the Gusman Building. There is the Off Street
Parking Authority who has full control over that structure.
Mayor Suarez: We own the Gusman Building.
Mr. Plummer: Excuse me?
Mayor Suarez: We own the Gusman Building.
Mr. Plummer: We own it but we don't control it.
Mayor Suarez: Well, an agency of the City controls it and we could change
that agency any way that we want and make it do what we want. I- but, are you
concerned that this structure is that much more valuable than the Olympia
Building and Gusman? Because the Gusman Olympia combination...
Mr. Plummer: I think it serves...
Mayor Suarez: ... has the additional advantage of preserving Gusman as a
theater.
Mr. Plummer: That is correct, sir, but let's remember, and I don't want to go
through a series, how that original application came before this Commission.
It was, in fact, a built in situation which we had no latitude, we had to
guarantee them 35,000 square feet and the initial was $26.00 a square foot.
If we own the building, it is...
44 October 27, 1988
Mayor Suarez: Of course the Off Street Parking Authority, what you're saying
is an agency of the City but it's separate from the City, was assuming 25,000,
they were only asking us to take ten, but... I'm hearing you and I'm
Interested in the way you're leaning now because the DuPont Building would
seem to be worth at least contemplating and I'm happy to hear that.
Mr. Plummer: I brought it. up before this Commission and I'm almost certain a
vote was taken at this Commission instructing the Administration to proceed to
talk with these people and report back.
Mayor Suarez: I didn't think it was that advanced at. all. I thought that -
I'm not even, I frankly...
Mr. Plummer: Well, I brought it up again at budget hearings.
Mayor Suarez: Yes. I didn't think that we had gone anywhere near that far in
our resolution.
Mr. Plummer: Well, Mr. Mayor, it was only instructing the Administration to
sit down and talk and possibly negotiate a better price, because I will tell
you very frankly, if this were to be the City Hall, without any question I
would so vote for historic designation.
Mayor Suarez: OK, on the merits of the thing, we sort of diverted here into
contemplation of it being a City Administration building or whatever.
Ms. Sarah Eaton: Of all of the buildings in the downtown area, the DuPont
Building is probably one of the top three buildings as far as architectural
significance is concerned. It's an outstanding example of the moderne style
in the City and is an excellent - reflects a...
Mayor Suarez: Of the what style?
Ms. Eaton: Moderne. There - it was a...
Mrs. Kennedy: It's like modern with an a at the end.
Ms. Eaton: Right.
Mayor Suarez: I was going to say, it sounds like the French equivalent of
modern, OK.
Ms. Eaton: It was influenced by the WPA projects of the depression era. The
building is also significant historically as the first skyscraper to be
constructed in Miami following the depression and as such, the investment of
such a large sum of money signaled Miami's economic return from the
depression. I'd like to point out that some of the interior spaces are
included in the designation including the first floor lobby, the second floor
banking lobby with the incredible painted ceilings I think everyone is
familiar with as well as the elevators with their wonderful doors with their
flamingo motif.
Mrs. kennedy: And it was all done for two and a half million dollars.
Mayor Suarez: When you say the first floor lobby, that lobby actually has a
ceiling that extends up....
Mr. Plummer: There's really no lobby on the first floor, I mean, it's....
Ms. Eaton: It's not a lobby in the traditional sense.
Mayor Suarez: Or is it the mezzanine that has the tall ceilings that are
painted and so on? Is that the mezzanine? Is that what you're referring to
as the second?
Mr. Plummer: Mezzanine is where the bank is and I think that's what they're
referring to...
Mayor Suarez: Right.
Mr. Plummer: ... which would make a beautiful chambers for this Commission.
45 October 27, 1988
0 0
Mayor Suarez: You're referring to that as a second floor? How high are those
ceilings on the second floor?
Me. Eaton: I think they're two stories high.
Mr. Plummer: I bet they're more.
Mayor Suarez: Yes, I would think there (Tape 5) Mould be more than 16, 17, 18
feet; maybe 30 feet.
Mr. Plummer: Yes.
Mayor Suarez: Counselor.
Debby Orchefsky, Esq.: Good morning, Mr. Mayor, members of the Commission, my
name is Debby Orchefsky, I'm an attorney with offices at 1221 Brickell Avenue
representing the owner of the DuPont Building, Silverstein Properties. The
owner has objected to the historic designation of this building and his
objections relate back to earlier proposed designation of this site in 1985
and the owners experience with the HC regulations, where specifically this
designation was proposed by the Planning Departmert back 1984, '85 and it was
ultimately put on hold. Exactly where all of that went and how we got where
the gap was created between then and 1985 and today's designation, I'm not
completely clear on but what had led to the tabling or deferral of that action
to the current activities, was an interest on the part of the owner to
cooperate at that time and to seek a certificate of appropriateness to replace
the windows in the structure and the point of debate between the City
Administration and the owner was whether or not the windows had to have
mullions. The owner...
Mayor Suarez: Have what?
Ms. Orchefsky: ... mullions, which are the crossbars in the windows. You
can't really see the detail here - but they're double hung, six panel mullions
now - and the owner wanted to eliminate them in entirely or at least minimize
the number of mullions. This went back and forth, back and forth with the
City Administration. We never formally filed for the certificate of
appropriateness, things kind of went into limbo and we ended up with the
current activities for the designation. No one debates the fact that this is
an architecturally unique building. But I think that the problem that the
owner has with the HC designation relates to the standards that are applied
almost nationally in terms of HC requirements, heritage conservation
requirements. They are, by their very nature, somewhat vague and this was an
argument that staff would use when we were trying to seek more specificity in
those standards. The standards for making changes to historic buildings are
vague because the historic buildings are different so, therefore, we have to
have a board scope to the nature of the changes. Given that broad scope,
there's a great deal of latitude on the part of those who are enforcing and
implementing a designation to say no to what the owner of the building wants
in terms of making changes to his designated building. There seems to be on
the part of those who seek historic designations for these properties,
particularly among staff, that the owner of an historic building, particularly
such as the DuPont Building, doesn't recognize the inherent value in that
uoilding by virtue of the historic qualities. They do. Part of what makes
that a wonderful building and a building that Mr. Silverstein invested in, in
this community many years ago ... was the exact features that we talk about
today as being historically significant.
Mayor Suarez: When was the last time that the owner of the building proposed
to make any modifications in it?
Ms. Orchefsky: This was in 1985. Those modifications, by the way, never went
through. We never went forward with the changes. He would prefer to have the
ability to make the types of changes to the building, both the interior and
the exterior that meet his business needs and concerns with a sensitivity to
the historic quality of this building that one has to have if you've purchased
a building that looks like this. There is a value inherent in that. Thank
you.
Mayor Suarez: Anything from the Commission?
46 October 27, 1988
0
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Mr. Plummer: Mr. Mayor, I'll vote to designate historic, but not the
Interior.
Mayor Suarez: Moved with the except... is there a simple way to separate the
interior as he has moved in the ordinance?
Ms. Eaton: Yes.
Mayor Suarez: OK.
Mrs. Kennedy: I second.
Mayor Suarez: That's a valid definition to leave out interior and we
understand what that means. Moved and seconded.
Mr. De Yurre: Let me understand this, you don't want - you don't mind the
interior, that entrance area being changed, J.L.?
Mayor Suarez: Why would you leave the...
Mr. Plummer: I'm saying the interior.
Mayor Suarez: Why would you leave the interior out?
Mr. De Yurre: Well, what are you designating, the interior or the exterior?
Mr. Plummer: No, I'm leaving out of the ordinance, the interior.
Mrs. Kennedy: In case that we do consider having City Hall eventually there
we would have to change the interior around.
Mr. De Yurre: Well, you're talking about the offices going up. We wouldn't
want to touch much on the walls and what's there, the beauty that's in that
entrance area.
Mrs. Kennedy: Oh, of course not.
Mr. Plummer: No, it does not have anything, that's the exterior.
Mr. De Yurre: We know, when you...
Mrs. Kennedy: No, no, no, but Commissioner De Yurre's talking about all the
beautiful Seminole paintings inside, on the floor and all that.
Mr. Plummer: Oh, no, no, no. Not change any of that. The only thing that I
could envision is that some of the walls would be changed, the interior walls.
Mayor Suarez: But, if we don't approve the interior as a historically
designated, they can do that on their own and we might not see the building
that we'd like to possibly use.
Mrs. Kennedy: Mr. Mayor, Norah wants to say something.
Ms. Norah Schaefer: I just wanted to add something. I think the interior
that they're talking about is simply the first floor lobby, the elevator doors
and the mezzanine with the paintings that you're talking about that you want
to keep.
Mayor Suarez: That's what we're thinking about as the interior.
Mr. Plummer: Yes, that's what I'm thinking about. The only problem that I
have, and I guess maybe I'm being selfish, is if we were able to acquire this
property for the Administration building, the one thing that we would have to
have is a Commission Chambers which be beautiful on that mezzanine floor. But
to do such, you would have to change some of the interior walls, there's no
question in my mind.
Ms. Schaefer: Excuse me, could I just make one point about the sensitivity of
the building owner? The Junior League did a wonderful brochure on a walking
tour in downtown Miami. I don't know whether any of you saw it.
Mr. Plummer: Yes, I....
47 October 27, 1988
Ms. Schaefer: OK, on the cover of that Junior League brochure were the
beautiful brass flamingo doors of the elevators and since then, during that
period of time, they've been painted by this person who is terribly sensitive
to this architectural beauty of the building and I don't think that that shows
any kind of real sensitivity to it at all.
Mr. Plummer: Well, can I exclude the interior Malls only, can I do that?
Include the interior, but not the interior Malls?
Ms. Eaton: I'm not sure what you mean by that.
Mr. Plummer: Well, what I mean by that is, if we wanted to put a Commission
Chambers meeting on the mezzanine floor, there's no question in my mind that
some of that interior would have to be changed. In no way, would I want to
see the beauty of what I know the DuPont Building to be altered and that is
the elevators, the big heavy doors, all of that.
Mayor Suarez: And the mezzanine itself.
Mr. Plummer: That is correct.
Mayor Suarez: And you can accomplish that by the historic designation and if
we later want to make some modification by Commission action, we can do so.
Mr. Plummer: Well, that's true.
Mr. Rodriguez: You can do it.
Mr. Plummer: That's true. All right, I'll withdraw that portion of my motion
and just snake it as the application is before us because if we're the owners,
I....
Mayor Suarez: OK, so moved. Do we have a second?
Mrs. Kennedy: Yes, I second it.
Mayor Suarez: On the basis, seconded
AN ORDINANCE ENTITLED -
Read the ordinance. Call the roll.
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE ALFRED
I. DUPONT BUILDING LOCATED AT APPROXIMATELY 169 EAST
FLAGLER STREET, MIAMI, FLORIDA (MORE PARTICULARLY
DESCRIBED HEREIN); MAKING FINDINGS; AND MAKING ALL
NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID ZONING
ATLAS.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
7
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.
48 October 27, 1988
t
17. DOWNTOWN MIAMI COMMERCIAL DISTRICT PROPOSED TO RE DECLARED HERITAGE.
CONSERVATION: send back to administration to consider each building and
not. entire district..
Mayor Suarez: PZ...
Mrs. Kennedy: Eighteen.
Mayor Suarez: Eighteen.
Ms. Sarah Eaton: The downtown Miami commercial historic district is the
second historic district before the Commission today and this area is
significant for its association with the early history of downtown Miami, for
its importance as the commercial center of Miami and for its representation of
the evolution of architectural styles that have served to characterize the
downtown's building environment. The area includes the most important
intersection in the downtown area, Miami Avenue and Flagler Street, and
includes buildings that represent the City's early history from the teens
including the City's first skyscraper as well as buildings from the Boom Era
and buildings that were modified in the 30's and 40's to reflect the art deco
and streamlined moderne styles. The area is the last remaining portion of
this core central business district and it is important to preserve this as a
reminder of Miami's early history.
Mayor Suarez: You say it's the last portion of the remaining of the central
business district, you mean last portion that has not been designated?
Ms. Eaton: No, that has not been demolished; the intersection of Flagler
Street and Miami Avenue with the intact row on the south side of 1st Street is
the...
Mayor Suarez: You're pretty sure it's not a good idea to demolish this last
portion?
Ms. Eaton: No, as a matter of fact, a lot of buildings have been
rehabilitated over the last several years in a fashion that that Heritage
Conservation Board...
Mayor Suarez: Yes, the Concord Building there, we have 25 W. Flagler and all
of those.
Ms. Eaton: I have slides if you'd like me to run through them.
Mayor Suarez: I'd like to see them, yes. Like Commissioner Plummer I feel
that, you know, these districts are a bit broad. I mean, if you can show me
the ones that have specific buildings that are worth preserving.
Ms. Eaton: Well...
Mr.. Rodriguez: While, she's preparing - we received something that I want to
introduce in the record; a letter addressed to you, Mr. Mayor, in opposition
to item 18 by the owners of Burdine's. I will give to the City Clerk.
Mayor Suarez: What is their position in the... we'll introduce it into the
record.
Mr. Rodriguez: They're against. They're against it, yes.
Ms. Eaton: This area...
Mayor Suarez: We have one attorney who raised his hand. Does that mean,
Jeff, that you're representing Burdine's and counselor?
UNIDENTIFIED SPEAKER: The Biscayne Building.
Mayor Suarez: Sir?
UNIDENTIFIED SPEAKER: I'm representing myself on my own property.
49 October 27, 1988
Mayor Suarez: Why don't. you come up to the mike and tell us just so we have
an idea as we're talking about this? What property is that?
Mr. Richard Basil@: My name is Richard Basila, I reside at 527 S.W. 27th
Road. I'm here to represent my family and myself. We own the property, the
address is 3032 N.E. 1st Avenue. We also own the property to the south of
that which is not part of this designation, Mayor, but is a uniform building.
We own one building and I believe at the time that I met with staff, there was
an oversight made about the folio numbers and the contiguency of the
buildings; it's one unit, one building with one common roof. And, in addition
to that, the north twelve and a half feet of this property, which is not owned
by me but we share a column and a bearing wall. It appears as one building
but, in fact, is not. And the Planning Board did, in fact, Miami Planning
Advisory Board did, in fact, recommend this motion excluding my property and
the north twelve and a half feet and also the Biscayne Building which is on
record of the June lat meeting. It does not show that in the minutes of the
today's agenda that there was a...
Mr. Plummer: Is that correct?
Ms. Eaton: Yes, the Planning Advisory Board voted to exclude that particular
property as well as the Biscayne Building from the district.
Mr. Basila: And the north twelve and a half feet of my property since we
share a common wall and a bearing wall and a column. The board did recommend
excluding my property, the north twelve and a half feet and the Biscayne
Building, and I believe the minutes will show that. Do you want to hear any
further from me about my arguments or anything?
Mayor Suarez: No, I just wanted to know what buildings were represented here
by, presumably by, opponents.
Blair Sibley, Esq.: Mr. Mayor, Commissioners, Blair Sibley on behalf of the
owners of the McCrory's properties and there are three of them. I have
offices at 2500 S.E. Financial Center and in due course I'll make my arguments
also.
Mr. Plummer: I hope that all of you are registered lobbyists that are
appearing here for a fee.
Mr. Sibley: I can certainly say that I am, Commissioner.
Mr. Plummer: Registered with the City.
Mr. Sibley: As of 9:00 o'clock this morning.
Mayor Suarez: Now is this susceptible of having an area carved out that - I
don't know that we could all agree, but certainly that would make almost
uncontroverted sense to designate historic? Are there some buildings that
everyone's in total agreement and that are obviously worth preserving and...
Ms. Eaton: Well, what you're talking about with this district is a collection
of buildings. Some of them may or may not individually be eligible for
designation as individuals structures, but taken together, they form a sense
of time and place and it is the sum of the parts that is significant as...
Mayor Suarez: You define the problem very well and I'm trying to define the
solution.
Ms. Eaton: I feel it would be very difficult to just single out certain
buildings within the district for individual designation...
Mayor Suarez: OK.
Ms. Eaton: ... there are some that obviously could be included, but it is the
whole row, the whole grouping of buildings that, taken together, create the
historic and architectural significance.
Mr. Plummer: Question; you show on your map that part of the street of
Flagler and part of Miami Avenue is historic designation.
50 October 27, 1988
i
rY3�
Ms. Eaton: Well, toning districts typically extend into the street.
Mr. Plummer: That's not the point. We have, in past, done some historic
designations on roads so they could not be changed.
Ms. Eaton: No, that is not contemplated in this case.
Mr. Plummer: But It's shown on the map that it is.
Mayor Suarez: That was just the way of drawing the district is what you're
saying, right? I think it's just the way of showing the district, but you
mean the structures are within the area in question, right? You don't mean
the streets to be included?
Mr. Plummer: Well, the district, she's sure got it cross -hatched on the map.
Mayor Suarez: Yes. There's no intention to declare any of those roads...
Ms. Eaton: No.
Mr. Plummer: I don't like the concept of doing a district. I think there's
problems with that. You know, if you were to come back and pinpoint the ones
that you feel are historic, that's fine, but, you know, one of the things that
is not been discussed here today and maybe has to be eventually, is what is
this potentially going to do to our tax base? For example, the buildings that
are not included or would not be so designated in the future, they really
could not be changed or there was an impediment put there to improve or to
tear down and to build a new building that could have a bearing on our tax
base in the future. Mr. Mayor, we can listen to these learned gentlemen, I
would much prefer to send this back to the department eliminating the concept
of a district and come back with those actual buildings that they feel would
be so eligible for designation. And I'll be happy to wait to make that motion
if you want to let the rest of the people speak, but that's my particular
feeling.
Mrs. Kennedy: I feel much more comfortable doing that too and I'll second
your motion.
Mayor Suarez: So moved and seconded. Do you have any suggestion on a
situation where the buildings are attached to one another? I guess that's
going to come up when....
Mr. Plummer: Well, it's going to have to come up eventually because if you
designate one and not the other and they want to tear them down, then both are
involved.
Mayor Suarez: Unless they can be supported independently, I guess. OK, we
have a motion and a second. Anything further on that? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-963
A MOTION TO SEND BACK TO THE PLANNING DEPARTMENT
PROPOSED HISTORICAL DESIGNATION TO THE ENTIRE
COMMERCIAL DOWNTOWN DISTRICT; FURTHER INSTRUCTING THE
AFOREMENTIONED DEPARTMENT TO COME BACK WITH
RECOMMENDATIONS ON EACH BUILDING IN SAID DISTRICT
ELIGIBLE FOR SUCH DESIGNATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
51
October 27, 19$8
Mayor Suarez: I assumed, before we took this vote, correct me if. I'm prong,
any of the attorneys or parties that are here are not affected by this in a
negative sense because you panted an historic designation for a variety of
reasons? And, if so, would you let us know because I assume that you were
basically opposed.
Mr. Sibley: My concern more is the clarification and what you mean by sending
It back? Will that allow us again to present our...
Mayor Suarez: Oh yes, oh yes. Absolutely.
Mr. Plummer: Oh, yes.
Mr. Sibley: position to the planning division before they send it right
back again?
Mr. Plummer: Mr. Mayor, I don't know of anybody that hires an attorney to be
approved.
Mayor Suarez: Well, I thought there may be somebody that really did because
of tax reasons or whatever and I just ---__.,ed to make sure we didn't...
Mr. Sibley: My concern is this, McCrory's did not feel they had a full
opportunity to bring their feelings and their thoughts about this ordinance to
the Planning Board originally and I want to make sure we do have that
opportunity the next time it goes back which, I understand, you're doing here.
Mayor Suarez: Absolutely, absolutely.
Mr. Plummer: You definitely will.
Jonathan Beloff, Esq.: My name is Jonathan Beloff with Ruden Barnett, offices
at 701 Brickell Avenue, Miami. The only comment I .rant to make is that I
would like the agenda and the record to reflect that what it incorrectly
doesn't reflect now in that the planning board did, in fact, remove the
Biscayne Building from the designated area.
Mayor Suarez: Yes, if we could get all of that rectified before the next
meeting.
Mr. Beloff: Thank you.
Jeff Bercow, Esq.: Thank you, Mr. Mayor, Commission members, for the record
my name is Jeff Bercow. I'm an attorney with law offices at 200 S. Biscayne
Blvd. here in Miami and for the record, we're representing Burdine's.
Burdine's occupies the department store located at 22 E. Flagler and the annex
building located directly across So. Miami Avenue to the west and we are
opposed to this historic designation.
Mr. Plummer: You know, he's got a good point there. There is the possibility
that the Burdine's Building, as I know it, that's 22 E. Fiagler could be
designated, but the building across the street, I don't in any way see as part
of a historic designation because I can remember that being built, I can't
remember the first one being built.
Mayor Suarez: Well, that must have been a long time ago. Could we get him an
historic designation too so while we're at it.... the structures have been
around for a long time.
Mr. Plummer: If I can qualify for federal funds, I'll make the motion.
Mr. Basila: I'd like to address the Commission again, please. Once again, my
name is Richard...
Mayor Suarez: At your own risk.
Mr. Basila: Thank you.
Mayor Suarez: We're you in agreement with our motion to try to take these
more piece meal than as a whole?
52 October 27, 1968
i
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0 0
Mr. Basil*: Yes, right, but while I'm here, and you have me here today, and
since this is my third meeting end about nine hours of listening, it's been
wonderful the last. two and this one. I would like to say a piece or so to the
planning board while I can.
Mayor Suarez: You don't want to listen to your neighbor's...
Mr. Basile: All right, you are my neighbor, I know. Some of the comments
that was made by the Planning Department do not. exist any more, such as the
Red Cross Department Store sign being in the tile, that was gone years ago and
some other facts that were in here are incorrect. And once again I'd like to,
you know, ask the planning board if they would please omit my property since
you're going to give me a zoning on a half a property and the other half is
not going to be zoned, and I don't think that's just, right or legal. That's
number one and number two, I again request that you do not include the twelve
and a half feet like the planning board had recommended you omit due to the
fact that we share a column and a bearing wall. So that's what I'd like to
state so when you're reviewing these and if you are going to review them on an
individual basis, I hope that you will come back and that my property, for the
reasons that I stated, the physical reasons that I stated, and my family's
because we're very much against this designation for many reasons including
that we think it will create an undue hardship on us, but for the fact that we
do have a common roof on half the building and the other half will not have a
designation. That is absolutely ridiculous, and the column and the bearing
wall on the next twelve and a half feet so I hope you will consider that.
Also the fact is, that I just got through renovating the building for the past
year and a half. I did a lot of creative work and the Planning Department has
complimented me on it. I had a lot of help from the Downtown Businessmen's
Association and the Downtown Development Authority in making the street a
prettier street and a better place and I spent money, time and creative effort
in doing this building and it probably will never be torn down. But the fact
is for the reasons that I stated, the physical reasons, we do not want this
designation and I hope the Planning Department will take that in consideration
now that it's going to go back on an individual basis because we will oppose
it and we will do the things we have to do. And I have complimented them in
the past, I have worked with them on Petit Douy and other things and they know
that. I think this time I have a legitimate reason not to want this
designation for the facts so stated and I thank you very much.
Mayor Suarez: OK, did we take a vote on that? We did? We did take a vote?
18. FIRST READING ORDINANCE: WALGREEN DRUG STORE - 200 E. Flagler Street,
apply Section 1610 HC-1 Heritage Conservation.
-----------------------------------------------------------------------------
Mayor Suarez: PZ-19.
NOTE FOR THE RECORD: At this point, Mayor Suarez recognizes the
presence of former Miami City Commissioner Rose Gordon.
s�
-------------------------------------------------------
Me. Eaton: PZ-19 is the Walgreen Drug Store which is architecturally
significant as one of the earliest and most representative streamlined moderne
structures in Miami. The building also possesses historical association with
the commercial development of downtown Miami during the period between the
world wars. Again, showing Miami's rapid recovery from the depression.
Mayor Suarez: Anyone wish to be heard on this item? How does the owner feel
about it, they're not represented?
Ms. Eaton: The owner is opposed to the designation, the tenant, Walgreen Drug
Store, is in favor.
Mayor Suarez: How long a tenancy in it?
Me. Eaton: Until the mid-1990's.
53 October 27, 1986
Mayor Suarez: Anything from the Commission on this? You got, in the record,
all of the recommendations and documentary support, findings, related to the
historic designation? I'll entertain a motion on it.
Mrs. Kennedy: I move to approve.
Mayor Suarez: We all know the structure in question quite well. It stands by
itself there. I'll second.
Mr. Plummer: Motion understood? Any further discussion? Hearing none, call
the roll. Call the roll.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE WALGREEN
DRUG STORE LOCATED AT APPROXIMATELY 200 EAST FLAGLER
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND MAKING ALL NECESSARY
CHANGES ON PAGE NUMBER 36 OF SAID ZONING ATLAS.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Suarez and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
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.
------------------------------------------------------------------------------
19. FIRST READING ORDINANCE: CITY NATIONAL BANK BUILDING - 121 S.E. 1
Street, apply Section 1610 HC-1 Heritage Conservation.
------------------------------------------------------------------------------
Mayor Suarez: PZ-20. City National Bank.
Ms. Sarah Eaton: The City National Bank building commonly known as the
Langford Building, is an excellent example of the commercial style of
architecture with many neo classical features. The building is historically
significant for its associations with the commercial development of Miami at
the height of the Boom Era. We do not have a letter on file from the owner
but the owner did speak at the Planning Advisory Board in favor.
Mayor Suarez: We have all the supporting documentation, findings...
Mr. Plummer: In favor?
Ms. Eaton: In favor.
Mr. Plummer: I move it.
Mayor Suarez: ... on file and ordered into the record. Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Read the ordinance. Call the roll.
54 October 27, 1908
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE CITY
NATIONAL BANK BUILDING LOCATED AT APPROXIMATELY 121
SOUTHEAST 1ST STREET, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 36 OF SAID
ZONING ATLAS.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
-----------------------------------------------------------------------------
20. FIRST READING ORDINANCE: WILFORD H. BURKHART HOUSE AND OFFICE -
approximately 1150 S. Miami Avenue, apply Section 1610 Heritage
Conservation.
Mayor Suarez: PZ-21. Eleven fifty So. Miami...
Ms. Sarah Eaton: Twenty-one is the Wilford H. Burkhart house and office
located at 1150 So. Miami Avenue. This building is architecturally
significant because it is one of the most unusual...
Mr. Plummer: No question.
Ms. Eaton: ... Mediterranean revival structures in Miami. The tile work on
the outside is particularly outstanding and it's definitely the most
significant feature of the building. The building is virtually untouched
since its construction in 1937. It's also an excellent example of the work of
the architectural firm of Paste and Steward.
Mr. Plummer: Oh, oh.
Robert Traurig, Esq.: Mr. Mayor...
Mayor Suarez: This would be an ideal house for the Mayor of Miami if your
client would like to donate it, I'd be sure to preserve it while I was Mayor
and sure the next one would follow up, but, counselor.
Mrs. Kennedy: You mean like the Governor's Mansion? The Mayor's Mansion.
Mayor Suarez: Because I can't have Vizcaya, you know, it...
Mr. Traurig: Just so that you understand, this was really built as a...
Mr. Plummer: Yes, but you'd have to have an annex to go with it for all of
his kids.
Mr. Traurig: ... as a business structure, not as a home.
Ms. Eaton: But he lived on the upstairs.
55 October 27, 1988
0
Mr. Traurig: Mr. Mayor, my name is Robert. H. Traurig, 1221 Brickell Avenue.
I represent Hazel Burkhart. Mr. Burkhart has died. Mrs. Burkhart is in her
90's and as you have just heard, she does continue to live in this residence.
They have lived here since 1937 but if we understand, you know. history and
what is historic, it would seem to me that a building constructed in 1937 does
not. become historic by virtue of antiquity. That's not the origin of Miami.
Nineteen thirty-seven was when Miami was in its adolescence and not in its
Infancy. This building, when constructed, was not a residential building.
This was a building that was to house the tile business of Mr. Burkhart and
that's why the front of the building has tile.
Mr. Plummer: He's the only one who could afford it.
Mr. Traurig: And they had a house - they had an apartment upstairs, a
residential quarters upstairs. This is in the middle of one of the most
intensive development areas in downtown Miami. It's in the SPI-7 district.
And what you are saying to Mrs. Burkhart, in her 90's and very ill, is that
she can't sell her home because it's going to be designated as an historic
structure when it really doesn't have any historic significance except the
fact that it's got some tile on the outside and it's a pretty home and it was
done by some architects whose names I had never heard until this time who,
we're told by Sarah, were very important architects. Should we designate a
pens...
Mayor Suarez: What are those names, Bob, just out of curiosity?
Ms. Eaton: Paste and Steward. They were very prominent in the development of
Miami and Coral Gables.
Mayor Suarez: Sorry.
Mr. Traurig: The mere fact that Mr. Burkhart was in the brick and tile
business and the structure was built to focus attention on his product line
means that now, his wife, his widow, is being penalized because he was
innovative. No other property owner in this district has been saddled with
the onus that you are trying to impose upon Mrs. Burkhart which would preclude
her ability to sell the property because anyone who buys this doesn't buy it
to live in that house even though it might be great for the Mayor of the City
of Miami. Anyone who buys a piece of property in the SPI-7 district on Miami
Avenue, right near 13th Street, is buying it to tear down the house in order
to build an office structure which is compatible with your neighborhood study
and with your recent SPI-7 zoning district and all of the objectives that are
set out in that. So you know, up front, that the next owner of this property
is going to seek to tear it down. Should we put a designation on this
property merely to create the kind of problem that will result from the
application for a certificate of appropriateness and the possibility of a six
month delay in tearing it down which could result in her inability to sell the
property? We would say to you that to impose this kind of a designation is
just grossly unfair on this 90 plus year old lady who would really suffer
great economic hardship. Thank you.
Ms. Eaton: I'd just like to point out that I think it is not - should not be
taken for granted that this building would be sold for demolition or for an
•� office building. This structure is located just a block and a half south of
the fire station. This area is becoming a restaurant district. I think this
would make an excellent restaurant and could benefit from the tax incentives
that would be available for such.
Mayor Suarez: You have a great imagination when you say the area is becoming
{ a restaurant district.
Ms. Eaton: Well, there's several restaurants in the area.
Mayor Suarez: There's two, right - three.
Mrs. Kennedy: It'll get there.
Ms. Eaton: But the fire station is...
Mayor Suarez: How big is that property encompassed by the definition?
Ms. Eaton: It's two lots.
56 October 27, 1984
Mayor Suarez: A hundred by a hundred.
Ms. Eaton: A hundred by a hundred and fifty.
Mayor Suarez: By a hundred and fifty, fifteen thousand square feet. And
under the classification that it now has, following up on counselor's
arguments, ghat could be built there and subject to what proceedings or
procedures if they wanted to demolish and build something else.
Ms. Eaton: What could be built there?
Mayor Suarez: It's an SPI-7, you said, Bob?
Mr. Traurig: Yes, sir. An SPI-7 is a - well, Guillermo's able to describe
it.
Mr. Guillermo Olmedillo: Yes, multi -family residential district. Multi-
family residential basically.
Mayor Suarez: It could have units like the ones...
Mr. Olmedillo: Excuse me, with offices in it. With offices. Basically, it's
a residential building. And in residential district with offices in it.
Mr. Plummer: Yes, but conceivably when that overlay was applied, even though
the property didn't change, I guarantee you where you quadrupled the use of
the property that the assessment is going to go way sky high and I think his
point is well taken, that if anybody were to buy that property, it's almost to
the point where you couldn't afford to live there as a residence because of
the taxes. And I think an assumption is correct that says that if you put
this designation, fully knowing that when this woman or this property is sold,
that it's not going to be a residence.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, I....
Ms. Eaton: Or professional offices. There...
Mr. Plummer: Yes, but it's awful small for professional office compared to
what you could put there under the present regulations, that's my point.
Mrs. Kennedy: Well a commonly misunderstood argument on this regulation is
the demolition aspect and we're really should we decide to go with it, is
delaying demolition for six months. I'll tell you what, I'm going to move it
on first reading and then we can always talk about it again on second.
Mayor Suarez: It's moved. Seconded. Any discussion? Read the ordinance.
Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE WILFORD
H. BURKHART HOUSE AND OFFICE LOCATED AT APPROXIMATELY
1150 SOUTH MIAMI AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS; AND
MAKING ALL NECESSARY CHANGES ON PAGE NUMBER 37 OF SAID
ZONING ATLAS.
Was introduced by Commissioner Kennedy and seconded by Commissioner De
Yurre and passed on its first reading by title by the following vote:
57
October 27, 1980
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: I'm voting no. I think that with the scale of the neighborhood
as presently zoned, as presently zoned, this then puts this out of the scale
of the neighborhood and what it can be developed so I'm voting no.
Mrs. Kennedy: It's down to the wire.
Mayor Suarez: She's going to... I'd better not even look this way.
Mrs. Kennedy: It is first reading.
Mayor Suarez: I'm going to vote yes but if something interesting is proposed
by the owner of that property, I'd be more than disposed to change it because
I'd like to see the area grow as Commissioner Plummer has stated. I will vote
for the historic designation.
COMMENTS FOLLOWING ROLL CALL:
Mr. Traurig: Thank you.
21. DENY PROPOSED ORDINANCE: MARTINA APARTMENTS - approximately 1023 S.
Miami Avenue, consideration of Heritage Conservation.
Mayor Suarez: PZ-22.
Ms. Sarah Eaton: The Martina Apartments is located almost directly across the
street from the Burkhart house and it's significant architecturally as a fine
example of the application of Mediterranean revival detailing to a large scale
masonry vernacular apartment building. The building also possesses important
historical associations with the early development of Southside, as this
neighborhood was once known, and was...
Mayor Suarez: What is that building being used for right now?
Ms. Eaton: It's still apartments. As a matter of fact, it is...
Mayor Suarez: Aren't some of those windows boarded?
Ms. Eaton: Only a very few. The architectural character of the building is
remarkably intact and it...
Mayor Suarez: Except for the boarded windows.
Ms. Eaton: I'm not even sure if there are boarded windows to tell you the
truth. I think possibly in the hyphens that connect the three bays of
apartments, but this is the largest extant apartment house in the Brickell
area that remains from the first three decades of the 20th century and this is
a high use for this property. It's still used as apartments and the Planning
Department believes that it should continue to remain as such and be
preserved.
Mr. Plummer: You'd use the argument against me that said that it was for a
affordable housing or low income housing I would agree with you because the
reason that rents in that house are so cheap is because the condition of the
interior of that building has never been fixed up and lot me tell you
58 October 27, 1988
�ry
0
something, my argument will be the same for this as it was, it's out of scale
with the proposed that is there now. I can't - you know, we're trying to
develop an area that we're all going to be proud of. I just don't see this
building as historic.
Mayor Suarez: What's your motion?
Mr. Plummer: Mr. Mayor, if a motion is expected from me, mine is to deny.
Mrs. Kennedy: The owner is opposed, correct?
Ms. Eaton: Yes.
Mr. Plummer: Well, I didn't even know that.
Mayor Suarez: That's another reason. I don't think you're going to get three
votes in favor on this one because of Commissioner moves against, I'd have to
go along with it on this one.
Mrs. Kennedy: Yes, me too.
Mayor Suarez: I wouldn't mind seeing the City try something interesting
there, but absent that, I don't see what we're accomplishing by designating
this historically at all and we may be impeding better use for it just about
anything would be better than the way it looks now as far as I'm concerned.
Do we have a second on that motion?
Mrs. Kennedy: I second.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-964
A MOTION TO DENY PROPOSED ZONING ATLAS AMENDMENT TO
APPLY SECTION 1610-HISTORIC DESIGNATION STATUS TO
PROPERTY LOCATED AT APPROXIMATELY 1023 SOUTH MIAMI
AVENUE, MARTINA APARTMENTS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
22. FIRST READING ORDINANCE: CITIZENS BANK - 1367 N. Miami Avenue, apply
Section 1610 HC-1 Heritage Conservation
Mayor Suarez: PZ-23, Citizens Bank.
Mr. Plummer: Thirteen, 14th Street and No. Miami Avenue?
Me. Sarah Eaton: Yes, Citizens Bank...
Mr. Plummer: Oh.
Me. Eaton: ... is located in the west Omni area and Houses of Fabric, retail
fabric shop...
59 October 27, 1900
0 0
Mr. Plummer: It's the first time I've heard it referred to as west Omni.
Huh?
Mr. Sergio Rodriguez: New image for the area.
Ms. Eaton: This building, along with fire station number 2, are the only two
buildings of architectural significance within this neighborhood. And their
juxtaposition adds a tremendous amount of character and potential
redevelopment and rehabilitation for this particular intersection which could
be the focus of the area. The build...
Mayor Suarez: It's interesting, if that's what you're trying to tell us.
Ms. Eaton: The building is significant because it represents a fine example
of the neoclassical style of architecture in Miami and provides a distinctive
architectural record of early 20th century commercial design, particularly
through its scale, proportion and masonry detailing.
Mayor Suarez: What's it being used for now?
Ms. Eaton: It's a fabric store.
Mr. Plummer: Yes.
Mayor Suarez: And the owner has any plans or any preference on all of this?
Ms. Eaton: The ownership is in a trust and...
Mayor Suarez: They haven't a...
Ms. Eaton: ... I believe the owner is very elderly and originally the owners
were opposed to the designation and they were considering changing their minds
and we have not heard back from them when we've requested a letter either
supporting or opposing the designation. So I don't know what their position
is at this point.
Mayor Suarez: If you could remodel that or not remodel, even just paint it or
fix it up in a way to preserve the character of it, but to make it look a
little bit nicer than it looks, what would you do, just superficially?
Ms. Eaton: Well, I would definitely change the color of the building.
Mayor Suarez: The paint... right.
Ms. Eaton: I think the tans and browns definitely detract from the building.
The window air conditioners sticking out from what used to be the arched
openings also detract and...
Mayor Suarez: Central air conditioning, maybe would...
Ms. Eaton: Or air conditioning located elsewhere on the building. And
preferably the windows reopened and the arches reopened, the doors and then
the building would be... it's virtually intact.
Mayor Suarez: That area needs development badly. I can see, however, that,
you know, some minor modifications could make it look like quite an attractive
building. I'd go along with it unless somebody has any problems, I'll
entertain a motion on it.
Mrs. Kennedy: I move it.
Mayor Suarez: I'll second.
Mr. Plummer: Motion made, seconded.
ordinance.
Mayor Suarez: Call the roll.
Any further discussion? Read the
Mr. Plummer: Any further discussion? Call the roll.
60
October 27, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY APPLYING THE. HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO CITIZENS
BANK LOCATED AT APPROXIMATELY 1367 NORTH MIAMI AVENUE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN);
MAKING FINDINGS; AND MAKING ALL NECESSARY CHANGES ON
PAGE NUMBER 23 OF SAID ZONING ATLAS.
Was introduced by Vice Mayor Kennedy and seconded by Mayor Suarez and
passed on its first reading< by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
------------------------------------------------------------------------------
23. DENY PROPOSED ORDINANCE: ATLANTIC GAS STATION - 668 N.W. 5 Street,
consideration of Heritage Conservation.
-------------------------------- ----------------------------------------------
Mayor Suarez: PZ-24, Atlantic Gas Station, 688 N.W. 5th.
Ms. Sarah Eaton: Commissioner Plummer indicated earlier that he liked the
Mediterranean gas station in the Latin Quarter. What you have before you
today...
Mr. Plummer: No, I didn't say that.
Ms. Eaton: This is an authentic Mediterranean revival gas station that was
constructed in 1937.
Mayor Suarez: What is going on in the construction there? Are they fixing it
up?
Ms. Eaton: It's an auto body shop.
Mr. Plummer: It's a paint and body shop.
Mayor Suarez: But was this at a time that they were doing something to the
roof or is that the way - OK.
Ms. Eaton: No, it's the angle of the photograph that made it difficult.
Mr. Plummer: That's where the termites live.
Mayor Suarez: Six eight...
Mr. Plummer: You know, do we want to really be recorded in history about
filling stations?
Ms. Eaton: What about the one on Coral Way that the Commission designated?
Mr. Plummer: At 17th Avenue?
Ms. Eaton: Yes.
Mr. Plummer: That they asked for and they wanted it for the reasons of having
to be able to...
61 October 27, 1988
0 V
Ms. Eaton: Well, we...
Mr. Plummer: ... better apply for.
Ms. Eaton: Well, the Planning Department proposed the designation. At first
the owners were opposed and now they're in favor. But, I think this building
is architecturally significant as a building type.
Mr. Plummer: This will probably be the first one I'm voting for that the
owners want it.
Ms. Eaton: There are wonderful examples of gas stations throughout the
country and Miami has only a few that have some architectural character and
this is definitely one of those. The building also has potential for reuse if
the current use as a body shop is discontinued because of the Planning
Department's recommendations for the improvement of the river and River Drive.
This building is located just on the other side. This could be an ideal
outdoor restaurant or cafe.
Mayor Suarez: We're going to have all the restaurants down, all we need now
is people to go to them.
Mr. Plummer: Yes.
Ms. Eaton: Well, what happened on Miami Beach and....
Mr. Plummer: Well, if we get rid of all those vendors we wouldn't have that
problem.
Ms. Eaton: I think it's the critical mass of restaurants that attracts more
people and the experience on Miami Beach has proven that.
Mayor Suarez: And the critical mass of money to buy...
Mr. Plummer: Yes, there's...
Mr. Rodriguez: In that area we have recently, you know, not recently, but we
have Joe's seafood in that area and also Sierra that have moved into the area
and the East Coast Fishery which also has have improved the area.
Mr. Plummer: Yes, but there is also a seafood restaurant immediately behind
this one on the east that went broke.
Ms. Eaton: But it didn't have an interesting and unique building to attract
clientele.
Mr. Plummer: Do you go to the building or you go for the food?
Ms. Eaton: I think some of both.
Mr. Plummer: If you want an interesting restaurant what you don't have
historically, let me tell you, is a kid across the street from that was one of
the focal points of this town and it used to be known as Joe Thomas'
Watermelon Garden and there used to be lines to get to that place. OK? That
was historic because I was only born about three blocks from there. Twenty-
five cents and all the salt you could put on it.
Mrs. Kennedy: So then you confirmed the fact that you are historic too.
Mr. Plummer: You bet your bippee.
Mayor Suarez: Fossil.
Mr. Plummer: And damn proud of it.
Mayor Suarez: Archaic, fossil and all kinds of terms. All kinds of terms
come to mind.
Mr. Plummer: No, not archaic, no, no, no.
Mayor Suarez: OK, Commissioners, what do you want on this?
62 October 27, 1968
Mr. Plummer: Well, the owner - are you the owner?
Mayor Suarez: No.
Ms. Laura Quintero: Yes. Mr. Mayor and members of the Commission, my name is
Laura Quintero, 1015 N.W. 32nd Avenue. I am one of the owners of that
property and we are against to make historical.
Mr. Plummer: I thought you said that they were - they changed their mind.
Ms. Eaton: I was referring to the gas...
Mayor Suarez: 17th and Coral Way.
Me. Eaton: ... station on Coral Way.
Mayor Suarez: OK, we have a motion to deny the...
Mr. Plummer: Oh, oh, oh. Motion...
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-965
A MOTION TO DENY PROPOSED ZONING ATLAS AMENDMENT TO
APPLY SECTION 1610-HISTORIC DESIGNATION STATUS TO
PROPERTY LOCATED AT APPROXIMATELY 688 N.W. 5TH STREET,
ATLANTIC GAS STATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
24. DENY PROPOSED ORDINANCE: TEMPLE ISRAEL - 137 N.E. 19 Street,
consideration of Heritage Conservation.
Mayor Suarez: PZ-25, Temple Israel.
Me. Sarah Eaton: Temple Israel is architecturally significant because it
represents an excellent expression of the Moorish revival style of
architecture in Miami. It is particularly noted for the detail on the arch
and it's also significant historically for its associations with the oldest
reformed Jewish congregation in South Florida. The building is the only
temple in the downtown area and is unquestionably significant, both
architecturally and historically. We are proposing that the sanctuary be
included in the designation as we have all of the other church sanctuaries.
Mr. Plummer: What was the basic reasons, I noticed at the Planning Advisory
Board, it was an eight/one denial. That's pretty heavy. What was their main
reasons to deny?
No. Eaton: I believe it was because the owner opposed.
Mayor Suarez: Counselor.
63 October 27, 1989 "'
V
Robert H. Traurig, Rag.: Thank you, Mr. Mayor. Robert H. Traurig, 1221
Brickell Avenue. I'm joined here by Mr. Heilig and Mr. Wolfe, the executive
director and the president...
Mr. Plummer: Mr. Mayor, I make a motion to deny. I can't see that this thing
should be saddled with a problem if they don't want it. It is old and
established and in my estimation they're not going to do anything but improve
this and this area. I just move to deny.
Mrs. Kennedy: And I second.
Mayor Suarez: Motion seconded.
Mrs. Kennedy: I think it will adversely affect the property values in the
area.
Mayor Suarez: Norah.
Mr. Plummer: And I think its out of scale with the rest of the neighborhood.
This thing stands alone and it is something that has been there for many, many
years and I can't envision that they would ever do anything but upgrade which
they have shown and demonstrated in the past.
Me. Norah Schaefer: I'd like to say that all the way through listening to
this hearing, over and over and over and over and over again, it's been the
Planning Advisory Board has voted completely approval on things. The Heritage
Conservation Board that you guys appointed and spends hours and hours and
hours every month listening to these before it comes to you, those people have
all approved these things. This is probably the first time I've heard you
look at these sheets where it says that they're against it and because of the
one time that the Planning Advisory Board votes against something, that's the
one time that you pay attention to the boards that have sat there and listened
to these hearings prior to this. I haven't heard you look at this one single
time, Mr. Plummer, until now. All the way through it's been approval,
approval, approval. You've never once said, the Planning Advisory Board, the
Heritage Conservation Board approves, I think that we ought to go along with
their decisions, they've spent their time, they've spent their energy to say
this. This is the first time that you actually approve of somebody's vote and
it was in a denial.
Mr. Plummer: Ma'am, I will never, ever give up my right as an independent
vote on this City Commission to vote as I see proper. That is what I'm
elected to do. The advisory boards are just that, they are advisory. In this
particular case, excluding the rest, this one was a glaring example, a glaring
means eight to one defeat, there must have been, in my estimation, some very
good reasons expressed for the denial and that's the only reason that I asked.
But I will never advocate my independency on this board, nor be governed by an
advisory board. That is not what I'm elected to do.
Ms. Schaefer: I don't think anybody is asking you to but I'd like to look
at...
Mr. Plummer: Oh, you brought it up, I didn't.
Ms. Schaefer: ... six to nothing approval, eight to nothing, six to nothing,
eight to nothing, six to nothing, seven to nothing; all approvals. This is
the one time you noticed that it was eight to one in a denial.
Mr. Plummer: Once again, for the record, ma'am, I said, this was the most
glaring example, eight to one. That was the reason for my question. It was
not predicating my vote necessarily, but it was asking since I did not attend
—3 those meetings of the staff person what was the reasons given?
Mayor Suarez: I think it makes a lot of sense if all the other ones were...
Mr. Plummer: For approval, why question?
Mayor Suarez: ... the recommendations for approval that to point out one that
it's eight to one against, Norah, I don't see what your point is. Anyhow,
we're arguing procedure, not the merits. Do you have anything also to say on
the merits of this?
64 October 27, 1988
f r
Ms. Schaefer: OK, the other thing I wanted to say was I'd appreciate very
much if you would take maybe an hour of your time to listen to what it is that
the Heritage Conservation Board is trying to accomplish and the procedures
that they go through. Those are all intelligent people that are on the board
and that they listen and they're very - they bring expertise to that board.
Mr. Plummer: And I would always fight for their right to have the
independency to vote as they see fit, likewise on the planning, likewise on
the zoning and I will reserve that same right unto myself. When that
hysterical board was created - Historic Conservation Board was created, ma'am,
I am very much aware of what they were constituted to do...
Ms. Schaefer: OK, it's called...
Mr. Plummer: ... because this Commission established it.
Me. Schaefer: Yes, and it's called the Heritage Conservation Board.
Mr. Plummer: Yes ma'am.
Mayor Suarez: Thank you, Norah. Anything further from the Commission? Call
the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-966
A MOTION TO DENY PROPOSED ZONING ATLAS AMENDMENT TO
APPLY SECTION 1610-HISTORIC DESIGNATION STATUS TO
PROPERTY LOCATED AT 137 N.E. 19TH STREET, TEMPLE,
ISRAEL.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Mr. Traurig: Thank you very much.
Mayor Suarez: I'm going to vote no but I'm going to vote because I do believe
that they would keep the same use although I have some doubts - it just
doesn't seem to be in constance with the rest of the neighborhood somehow. It
seems to be out of scale somehow with the rest of the neighborhood.
-----------------------------------------------------------------------------
25. GREATER MIAMI DRUG ABUSE COUNCIL: waive rental at Marine Stadium for
charity Power Boat Championship.
------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner, I guess we're at a point of recess. You had
an emergency item?
Mr. De Yurre: Yes, I do, Mr. Mayor. We have here a Mr. Lino Mores who is the
executive director of the Greater Miami Drug Abuse Council and they have an
event coming up on the 12th and they need some help from the City, so if we
could hear him for a moment.
65 October 27, 1988
Mayor Suarez: Twelfth of...
Mr. De Yurre: November.
Mr. Lino Mores: Yes, we're having a grand prix power boat race that we're
doing it for the - we started doing it for the kids as a drug free event.
We're having U.S. Customs and the Coast Guard going to do an air show, showing
how they do a bust. It should be a very fine community event.
Mayor Suarez: What do you need from the Commission7
Mr. Mores: We were asking for a waiver on the rent of the stadium. We were
doing it in the parking lot...
Mayor Suarez: Which stadium, I'm sorry?
Mr. Mores: The Miami Marine Stadium. We were doing it originally in the
parking lot but it's kind of grown a little bit, we'd like to put it inside.
Mayor Suarez: I have no problem with that request. If the Commission wants
to - somebody wants to move.
Mr. Plummer: Is there an admission charge7
Mr. Mores: Well, we've been giving away the tickets. We may go ahead and
have an admission charge at the time of the gate. We would like to raise some
money with the event to cover the costs and it will be $6 if we have it.
Mr. Plummer: I'm sorryl
Mr. Mores: It will be $6 if we have the admission charge at the gate.
Mayor Suarez: Is the Police Department involved? I see...
Mr. Mores: Yes, I mean, we've got - of course, we're going to have the
policemen there, we've gone to the chief, we've given him the information what
we're doing....
Mayor Suarez: I was just wondering if they were somehow involved since you
mentioned other law enforcement agencies if they were sponsoring this...
Mr. Plummer: Well, the only thing they're asking us to do is waive the
rental, that's all they're asking us to do.
Mr. Mores: Oh, yes, as a matter of fact, we.haven't, we've gone - I'm sorry.
Mayor Suarez: No, I just meant if it was something the Police Department is
involved as a proponent or a supporter in some way.
Lt. Joseph Longueira: Mayor, they haven't talked to anybody currently in the
administration that I know of. They've had some discussions with the prior
chief.
Mayor Suarez: OK, the motion would then be just to waive the rent...
Lt. Longueira: Right.
Mayor Suarez: ... but you have to go through all the other services and - why
are you shaking your head?
Mr. Sergio Rodriguez: They haven't asked for anything else.
Mr. De Yurre: OK.
Mayor Suarez: Right, well, but there would be some police are required and
that's your cost.
Mr. Mores: Absolutely.
Mr. De Yurre: So, Mr. Mayor, I move that we waive the fee, the rental fee
over at the Marine Stadium for this event.
66 October 27, 1998
Mr. Plummer: What is the cost factor?
Mrs. Kennedy: Yes, ghat. are we talking about? Hop much?
Mr. Plummer: How much is the cost factor?
Mr. Max Cruz: The rental fee is $2,500, the rest of the cost could be, you
know, the has to be the personnel, the Fire Department personnel, police and
no on.
Mr. De Yurre: Well, they're paying for that.
Mr. Plummer: We're not waiving that. All we're waiving is the rent.
Mrs. Kennedy: Second, second the motion.
Mr. Rodriguez: Just the rent.
Mr. Cruz: It's $2,500.
Mayor Suarez: Just the rental fee.
Mr. Mores: Fifteen, it's $1,500.
Mr. Cruz: Oh, for a boat race it's $1,500, it's correct.
Mayor Suarez: Call the roll.
Mr. Plummer: You understand now, none of that money can be disbursed without
Commission approval because you're getting a grant from this Commission. So
before...
Mayor Suarez: If you make money on it...
Mr. Plummer: You have to...
Mayor Suarez: ... over and above your costs, you have to account to us.
Mr. Plummer: This Commission will audit your books and none of that money can
be disbursed until such time as approved by this Commission.
Mr. Mores: And if we turn in what's happened to the event...
Mr. Plummer: No, no we will audit you, sir, OK? We will audit you, then it
will come before this Commission and you must demonstrate where that money is
going to go and that not a lot of it was used for expenses rather than for the
designated charity.
Mr. Mores: I had no idea what the regulations are but I don't see a problem
with that.
Mr. Plummer: That's fine. I'll vote for it.
Mayor Suarez: Call the roll.
67 October 27, 1900 3
W V
s
The following resolution was introduced by Commissioner De Yurre, who
moved its adoption:
RESOLUTION NO. 88-967
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $1,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO
COVER THE RENTAL COST OF THE MIAMI MARINE STADIUM FOR THE
THIRD ANNUAL CHARITY POWER BOAT CHAMPIONSHIP TO BE
CONDUCTED BY THE GREATER MIAMI DRUG ABUSE COUNCIL, INC. ON
NOVEMBER 12, 1988 AT SAID STADIUM; SUBJECT TO AND
CONTINGENT UPON THE SPONSOR'S COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI, INCLUDING THOSE REQUIREMENTS STIPULATED
HEREIN.
(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: Commissioner Victor De Yurre
Cornaissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mr. Mores: Thank you.
Al
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
12:06 P.M. AND RECONVENED AT 2:15 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER DAWKINS.
----------------------------------------------------------------------------
26. SECOND READING ORDINANCE: 2101 N.W. 19 TERRACE: Comprehensive
Neighborhood Plan amendment from moderate density of moderate -high
density residential.
------------------------------------------------------------------------------
Mayor Suarez: We're going to continue the planning and zoning agenda so that
we can handle those matters that left over from the morning as quickly as
possible. Guillermo, we're at PZ...
Mr. Guillermo Olmedillo: PZ-26 and 27 are companion items. There was a
concern - this is for property located on 2101 N.W. 19th Terrace and there was
a concern as to the price of the units and the height of the building. The
applicant has proffered a voluntary covenant by which he will not exceed 45
feet, he will contribute $5,000 to the park fund and the size and the price of
the units is going to be limited by this covenant.
Mr. De Yurre: What number are we on?
Mayor Suarez: Twenty-six, 27 companion items.
Mr. Sergio Rodriguez: Twenty-six...
Mr. Olmedillo: Twenty-six and twenty-seven.
Mr. Plummer: OK, well this I'm holding out and you want me to get that done.
Mr. Rodriguez: Second reading.
Mr. Olmedillo: Twenty-six is the plan amendment, 27 is the zoning change and
the covenant goes with the zoning change.
68 October 27, 1988
Mr. De Yurre: Is this the one they donated the $5,000 to the program, is that
the one?
Mr. Rodriguez: Right.
Mrs. Kennedy: Covenant, um hum.
Mr. Olmedillo: That is correct. Yes, the covenant covers four items. One is
the height, two is the contribution, three is the size of the units and four
is the affordable price of the unit.
Mayor Suarez: OK, all the covenants and concessions are in place. This is
the second reading. Do we have anyone here that is opposed to this item? If
not, I'll entertain a motion.
Mrs. Kennedy: Move it.
Mr. De Yurre: Move. Second.
Mayor Suarez: Moved and seconded. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY LOCATED AT APPROXIMATELY 2101 NORTHWEST 19
TERRACE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN) BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO
MODERATE -HIGH DENSITY RESIDENTIAL; AND MAKING FINDS.
Passed on its first reading by title at the meeting of September 27, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10497.
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.
27. SECOND READING ORDINANCE: 2101 N.W. 19 TERRACE - Zoning atlas change
from RG-2/4 to RG-2/5.
Mayor Suarez: Companion item, PZ-27, I'll entertain a motion on it.
Mr. De Yurre: Move.
Mrs. Kennedy: Second.
Mayor Suarez: The zoning atlas. Moved and seconded. Any discussion? Read
the ordinance. Call the roll.
r
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE. CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION (SECTOR
NUMBER ONLY) OF APPROXIMATELY 2101 NORTHWEST 19TH
TERRACE, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) FROM RG-2/4 GENERAL RESIDENTIAL TO RG-2/5
GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 25 OF SAID
ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 27, 1988 „
was taken up for its second and final reading by title and adoption. On
motion of Commissioner De Yurre, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10498.
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.
--------------------------------------------------------- --------------------
28. FIRST READING ORDINANCE: APPROXIMATELY 2-46 N.E. 75 STREET -
Comprehensive neighborhood plan amendment from moderate density
residential to liberal commercial.
------------------------------------------------------------------------------
Mayor Suarez: Item PZ-28.
Mr. Guillermo Olmedillo: PZ-28 and 29 are companion items. This is a plan
amendment again and a zoning change. The zoning is proposed to go from RG-2/4
which is medium density residential to CG-2/7 liberal commercial. This
property is located on 75th Street northeast and justeast of Miami Avenue.
The problem that we see with is that this will disrupt the pattern that is
there today. There are housing units there, dwelling units there on the site.
When you look at the zoning in the packet that you have in the second page,
you will notice that if this were to be changed, the property to the east will
be left like an island there. This will create an impact on the properties
north of 75th Street because we're creeping up with the zoning designation and
as I stated, the zoning is going from a residential district to a liberal
commercial district. The Planning Department recommends denial. The Planning
Advisory Board recommended approval seven to one. The Zoning Board
recommended approval nine to zero.
Mr. Plummer: Is there...
Mayor Suarez: Do we have anyone that is here in opposition to this petition -
application? Counselor.
Christine Moreno, Esq.: My name is Christine Moreno, I'm appearing on behalf
of Coppen, Robert A Coppen and J. Herbert Watkins, they were the partners who
own the property here that were in...
Mrs. Kennedy: Excuse me, are you a registered City lobbyist?
70 October 27, 1988
f f
Ms. Moreno: Yes, I am, I have my card with me too. And the...
Mr. Plummer: Xavier, you got a problem?
Mayor Suarez: I'm not sure, but go ahead and move it if you want to.
Ms. Moreno: ... I would like to readdress...
Mr. Plummer: Mr. Mayor, I move PZ-28.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: It doesn't sound controversial. Moved and seconded. There's
no one at all in the neighborhood opposed to this? OK, any discussion? Read
the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY LOCATED AT APPROXIMATELY 2-46 NORTHEAST 75TH
STREET, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM MODERATE DENSITY RESIDENTIAL TO LIBERAL
COMMERCIAL; AND MAKING FINDINGS.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
Mr. Plummer: Let me note, for the record, Mr. Mayor, this is, in my
estimation, as consistent and contiguous to other zoning in the neighborhood.
------------------------------------------------------------------------------
29. FIRST READING ORDINANCE: APPROXIMATELY 2-46 N.E. 75 STREET - Zoning
atlas change from RG-2/5 to CG-2/7.
Mr. Plummer: Item 29 is a companion and I so move.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll. Read the ordinance on 29. Call the
roll.
Mrs. Kennedy: Call the roll.
71
October 27, 1988
V r
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2-46 NORTHEAST 75TH STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/4 GENERAL RESIDENTIAL TO CG-2/7 GENERAL RESIDENTIAL
BY MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 10 OF SAID ZONING ATLAS MADE A
PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
Ms. Moreno: Thank you.
Mayor Suarez: Very eloquent.
30. FIRST READING ORDINANCE: BLOCK BOUNDED BY N.W. 7 AND 8 STREETS, BETWEEN
N.W. 3 AND 4 AVENUE - Comprehensive neighborhood plan amendment from
high density multi -family residential to general commercial.
Mayor Suarez: PZ-30.
Mr. Elbert Waters: Yes, Mr. Mayor, members of the Commission, my name is
Elbert Waters, Assistant Director of Planning.
Mayor Suarez: Elbert.
Mr. Plummer: Mr. Mayor, I move item 30. It's approved by both Planning
Department and the Planning Advisory Board. I so move.
Mr. De Yurre: Second.
Mayor Suarez: So moved. Is there anyone - seconded... anyone that wishes to
be heard against this item? Let the record reflect no one stepped forward.
Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY GENERALLY DESCRIBED AS THE BLOCK BOUNDED BY
NORTHWEST 7TH AND NORTHWEST 8TH STREETS, AND NORTHWEST
3RD AND NORTHWEST 4TH AVENUES (MORE PARTICULARLY
DESCRIBED HEREIN), BY CHANGING THE DESIGNATION OF THE
SUBJECT PROPERTY FROM MODERATE HIGH DENSITY
RESIDENTIAL TO GENERAL COMMERCIAL/RESIDENTIAL; AND
MAKING FINDINGS.
72
October 27, 1988
A
L�_
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
31. FIRST READING ORDINANCE: BLOCK BOUNDED BY N.W. 7 AND 8 STREETS, BETWEEN
N.W. 3 AND 4 AVENUE - Zoning atlas amendment from RG-2/6 to CR-1/6.
Mr. Plummer: Move 31, it's a companion item.
Mr. De Yurre: Second.
Mr. Plummer: Is there anyone wishes to discuss item 317 If not, read the
ordinance.
Mrs. Kennedy: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION FOR
PROPERTY GENERALLY DESCRIBED AS THE BLOCK BOUNDED BY
NORTHWEST 7TH AND 8TH STREETS, AND NORTHWEST 3RD AND
4TH AVENUES, FROM RG-2/6 GENERAL RESIDENTIAL TO CR-1/6
COMMERCIAL RESIDENTIAL (MORE PARTICULARLY DESCRIBED
HEREIN); MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 23 OF SAID ZONING ATLAS.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
W
32. CONTINUE PROPOSED CONSIDERATION OF AMENDING THE BAYSIDE SPECIALTY CENTER
MAJOR USE SPECIAL PERMIT (to change the allowable amount of retail
facilities from 230,000 square feet to 267,000).
Mr. Sergio Rodriguez: Item 32, the Administration would like to continue that
to November 17th.
Mr. Plummer: So move.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded. Any discussion? Anyone wishes to be heard
on item PZ-327
Mr. Plummer: I would only ask, Mr. Mayor, that before they come back the next
time, I would like to know the reason for them changing the name. The
expansion is part of the original contract and I have no problem with that. I
want to know why the name is being changed. It look like and appears to me
that the name being changed is from the local company back to the major
company which was totally in opposition to what this Commission wanted so I
want to know, before the next meeting, why the name change.
Mayor Suarez: OK, with that proviso. It's from Bayside Limited Partnership
to Bayside Center Limited Partnership. I'm not sure that there's any
implication of anything substantive in that.
Mrs. Kennedy: Have they put it in writing about the 14 parking spaces?
Mr. Rodriguez: That's the reason why we are asking continuance of this item
because we haven't resolved this issue in a form that will be satisfactory to
the Administration.
Mayor Suarez: Which item are we referring to now?
Mr. Rodriguez: Thirty-two.
Mrs. Kennedy: Thirty-two.
Mayor Suarez: OK, the motion's to continue then?
Mr. Plummer: Yes, the Administration so asked.
Mayor Suarez: I didn't pick up on that. OK, we've got a motion and a second.
Call the roll.
ON MOTION DULY MADE BY COMMISSION PLUMMER AND SECONDED BY
COMMISSION DE YURRE THE ABOVE ITEM WAS CONTINUED TO THE COMMISSION
MEETING OF NOVEMBER 17, 1988, BY THE FOLLOWING VOTE: _
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
r
L
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33. CONTINUE PROPOSED REVIEV OF SPECIAL
elKXCEFTJ NW. TO Street, 145RS.W. IB
FACILITY AT BARNETT BANK - app y 141,
Street and 153 S.W. 8 Street.
Mayor Suarez: PZ-33.
Mr. Guillermo Olmedillo: PZ-33 is coming to you because this is a private
facility for a financial institution. This is on...
Mr. Plummer: Do we have a thing on the stacking lanes?
Mr. Olmedillo: Yes.
Mr. Plummer: Nor many stacking do they have and off of which street are they
entering and which one are they exiting?
Mr. Olmedillo: They enter on 7th Street, exit on 8th Street, they have four
lanes and they have 10 stacking spaces behind each window and one after each
window.
Mr. Plummer: What assurances do we have that all four of those lanes will be
open at all times?
Mr. Olmedillo: None yet, sir.
Mr. Plummer: Well, we're going to get it, aren't we? No, I mean the purpose
behind that was to keep the traffic off the street, it was a safety factor.
Mr. Olmedillo: Yes, you may place it as a condition.
Mr. Plummer: So we will want some kind of assurances that will be - just
because they have four lanes doesn't mean that all four windows are going to
be open which could create a bottleneck. OK.
Mr. Olmedillo: And, if I may, just for the record, we, the Planning
Department recommended approval subject to masonry walls on both sides,
landscaping and the Zoning Board recommended approval by a vole of eight to
zero. There was concern from a property owner adjacent to this particular
property, Dr. Theede, she was at the meeting of the Zoning Board. She
expressed concern about an oak tree which is located about there. The
Planning Department considers that the mitigation by locating other trees in
the property which are depicted there in the transparency, is sufficient to
offset let's say, the harm of taking out a big tree, a mature tree.
Mr. Plummer: Now, show me on the atlas where that piece of property is. Is
it on the corner? So they would enter through lot 14 or 15 and exit through
lot 6.
Mr. Olmedillo: No, the other way. They enter on 7th Street and exit on 8th
Street.
Mr. Plummer: Oh, I see, you got the map upside down. OK.
Mrs. Kennedy: And then by reducing the number of teller windows, you have the
two five foot buffers on both sides.
Mr. Plummer: Eighth Street is to the north.
Mr. Olmedillo: Right, originally they had applied for five teller windows...
Mr. Plummer: No, it's not, you're right, You're right.
Mr. Olmedillo: ... and we asked them to reduce it to four so that they could
have buffers...
Mrs. Kennedy: Right.
Mr. Olmedillo: ... on both sides of the lanes.
75 October 27, 1988
f
Mr. Plummer: Is this an appeal?
Mr. Olmedillo: No, air, this comes to you because this In a...
Mr. Plummer: Then you're heard second. On an appeal you would be heard
first, the benk is heard from first.
Mr. Rodriguez: It's not an appeal, it's an automatic refer to you.
Mr. Plummer: I understand that.
Mayor Suarez: Doctor...
Mr. Plummer: But Dr. Theede was up on her feet ready to speak, but she speaks
second.
Mayor Suarez: Dr. Theede and Commissioner Plummer. Dr. Theede, before you
speak, I just want to put on the record that I'm going to abstain on this item
because of Barnett Bank being involved.
Mr. Plummer: Mr. Mayor, based on that, I would ask both parties involved if
they would like a deferment because there is only three votes here. You would
have to have all three votes to win and in the interest of fairness, you are
entitled by an unwritten rule of this Commission to ask for one deferment
based on a full Commission. So I think it's fair to ask at this time of both
parties, do you want to hear it today or do you wish to continue it over until
the next meeting? Dr. Theede, you can answer yes or no.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Ask Barnett first.
UNIDENTIFIED SPEAKER: Just give us one minute.
Mr. Plummer: Sure. I'm not running the meeting, but that's what we've always
done in the past. Don't go too far, we might be deferring this.
Mrs. Kennedy: Well, Commissioner De Yurre has said that he might also have a
conflict of interest so at this point, I think that we have to defer since
there are only two of us and you need three.
Mr. Plummer: Barnett Bank.
Mrs. Kennedy: Did you hear that...
Mr. Plummer: Commissioner De Yurre is indicating he's going to have to also
recluse himself because he has a possible conflict so it is automatically now
deferred. You don't have to make that decision.
Dr. Theede: I have a question.
Mr. Plummer: Sure.
Dr. Theede: If two are going to have to automatically defer, I don't know
about Commissioner Dawkins but supposing he doesn't, are we not going to ever
be able to hear this?
Mr. Plummer: Well, you got to have three because you can't win without three
votes either way, win or lose.
Dr. Theede: I know, but what I'm saying is, we don't know about Commissioner
Dawkins.
Mr. De Yurre: I don't think he does closings for Barnett.
Mrs. Kennedy: I don't think that's a conflict.
Mr. Plummer: Well, we know he'll be back November 2nd, 3rd.
Mrs. Kennedy: But, you will get - you will, which ever side it be, you will
need to have a unanimous opinion from this board.
76 October 27, 1988'
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7
Mr. Plummer: Teo. You have no choice. I mean, there's only five of us.
Dr. Theede: I know that.. When •ill this come up for...
Mr. Plummer: November - will it come up, no, not the 3rd.
Mr. Rodriguez: Seventeenth, 17th.
Mrs. Kennedy: Not the third, the following...
Mr. Plummer: It will come up the 17th.
Dr. Theede: The 17th?
Mr. Flummar: Teo.
Dr. Theede: OK, it won't be Thanksgiving.
Mrs. Kennedy: No.
Mr. Plummer: You won't have any of us here.
Dr. Theede: All right, I - OK, I have a question. My mother has been in and
out of the hospital with a heart condition. We are not expecting her to live.
Supposing something happens and I have to go to Birmingham on that time?
Mr. Plummer: Then I would say, out of courtesy to you, I sure would vote to
defer it until your return.
Mrs. Kennedy: He too.
Dr. Theede: All right, thank you.
Mr. Plummer: In the same way we're deferring out of matter of courtesy, it
would be the same courtesy extended to you.
Dr. Theede: All right, then, if this happens, I'll notify someone.
Mr. Plummer: That's fine.
Dr. Theede: Thank you.
Mr. Plummer: For the record, I will move because of circumstances that
item...
Mr. Rodriguez: Thirty-three.
Mr. Plummer: ... thirty-three be deferred for the reason so stated on the
record.
Mrs. Kennedy: Second.
Mr. Plummer: This is just for the record.
Mayor Suarez: As a procedural motion, we can vote on it. OK, moved and
seconded, any discussion? Call the roll.
ON NOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY, THE ABOVE ITEM WAS AUTOMATICALLY CONTINUED TO THE
COMMISSION MEETING OF NOVEMBER 17, 1988 BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Turre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mr. Plummer: What about if we couldn't vote on a deferment?
77 October 27, 1908
4
Mayor Suarez: It would be automatically deferred, I guess.
Mr. Plummer: And please don't do any business with my funeral. home between
now and November the 17th.
UNIDENTIFIED SPEAKER: Was that deferral to a date certain?
Mr. Plummer: November 17th.
UNIDENTIFIED SPEAKER: Thank you.
Mr. Plummer: And for your both purposes - Doctor, is she still here? - I
would ask the Administration to make this item number one on that agenda so
they don't have to wait as they have today.
34. APPROVE IN PRINCIPLE THE 1988-1994 CAPITAL IMPROVEMENT PROGRAM.
Mayor Suarez: PZ-34, approving in principle, 1988-1994 capital improvement
program. I guess we must have done that a year ago otherwise you wouldn't be
back.
Mrs. Kennedy: It's a year already, I move it.
Mayor Suarez: Moved.
Mr. Plummer: Well, I want to tell you, I'll second the motion for discussion.
I want to tell the Administration that a couple of times during this past
year, you know, we have always done this in a blanket fashion and that it was
fully understood that, in fact, it would anything of expenditure funds would
have to come back before this Commission. And on two occasions that I can
distinctly remember, and I think more than that, in this particular year when
we came up with the funding we were told, well, you know, you've already
approved this item. And what we approved with this blanket policy, so I'm
going to be watching it a hell of a lot closer this year because I'm telling
you, and let the record reflect right now, that we are approving this in
principle and in general but it, in no way, indicates the right of this
Commission at a later time to vote for or against any item contained herein.
I'm only speaking for one, but I'm telling you that on the record right now.
Mr. Rodriguez: That's understood.
Mr. Plummer: Mr. Mayor, you have your motion and second.
!Mayor Suarez: Call the roll please.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-968
A RESOLUTION RECOMMENDING APPROVAL, IN PRINCIPLE, OF THE
ATTACHED 1988-1994 CAPITAL IMPROVEMENT PROGRAM AS A GUIDE
TO CITY AGENCIES, BOARDS AND DEPARTMENTS; REVIEWED AND
RECOMMENDED BY THE PLANNING ADVISORY BOARD ON SEPTEMBER
28, 1988.
(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:
i
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
35. FIRST READING ORDINANCE: ESTABLISH AFFKUFKIAT1UnQ1 rvr% %.Ar11AL
IMPROVEMENTS 1988-89.
Mayor Suarez: PZ-35.
Mr. Plummer: Same thing prevails. I'll move it with the same stipulations.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call
the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE ESTABLISHING APPROPRIATIONS FOR CITY OF
MIAMI CAPITAL IMPROVEMENTS; CONTINUING AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL IMPROVEMENT
PROJECTS TO BEGIN DURING FISCAL YEAR 1988-89;
CONDITIONALLY REPEALING PROVISIONS OF ORDINANCE NO.
10347, AS AMENDED, THE 1987-1988 CAPITAL IMPROVEMENTS
APPROPRIATIONS ORDINANCE; AND PROVIDING CONDITIONS,
AUTHORIZATIONS AND DIRECTIONS TO THE CITY MANAGER AND
CITY CLERK.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
36. CONSENT AGENDA
Mayor Suarez: The rest of the planning and zoning items must wait till 5:00
p.m..
Mr. Plummer: OK.
Mayor Suarez: So we go to the consent agenda which consists of items 1
through 9. If there's anyone in the general public that wishes to be heard on
Items 1 through 9 of the afternoon agenda, which comprises the consent agenda,
please let us know at this point by either raising your hand or stepping up to
the microphone. Anyone that wishes to be heard on items 1 through 9
individually, otherwise we'll vote on them collectively. Do any Commissioners
want to pull any of those items?
79
1
October 27, 1980
Mr. Plummer: Mr. Mayor, I'm pulling item 3, 4 and 5.
Mayor Suarez: Except for 3, 4 and S. Let the record reflect, by the way,
that no one has stepped forward from the general public to be heard on any of
these items individually. Madam Vice Mayor.
Mrs. Kennedy: No, I'm also pulling five.
Mayor Suarez: Three, four and five.
Mr. Plummer: I'll move it with those exceptions.
Mayor Suarez: OK, so moved.
Mr. De Turre: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Commissioner De Yurre, OK?
Mr. De Yurre: Yes.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DE YURRE THE CONSENT AGENDA, WITH THE EXCEPTION OF
ITEMS 3, 4 AND 5, WAS APPROVED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
36.1 ACCEPT GRANT FROM METROPOLITAN DADE COUNTY CULTURAL AFFAIRS COUNCIL
CONCERNING MIAMI/OAS INTERNATIONAL ARTISTS SERIES
RESOLUTION NO. 88-969
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A GRANT FROM THE METROPOLITAN DADE COUNTY CULTURAL
AFFAIRS COUNCIL IN THE AMOUNT OF $5,000 IN
CONNECTION WITH THE MIAMI/OAS INTERNATIONAL ARTIST
SERIES FOURTH YEAR, FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS TO
ACCEPT AND IMPLEMENT SAID GRANT, SUBJECT TO
APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
36.2 ORANGE BOWL STADIUM: charges, terms and condition for GEORGE MICHAEL
CONCERT by Fantasma Productions
RESOLUTION NO. 88-970
A RESOLUTION RSTABLISHING SPECIAL CHARGES, TERMS AND
CONDITIONS FOR THE USE OF THE ORANGE BOWL STADIUM BY
FANTASMA PRODUCTIONS, INC. FOR THE PRESENTATION OF A
CONCERT FEATURING GEORGE MICHAEL AT SAID STADIUM ON
OCTOBER 29, 1988; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE A USE AGREEMENT, IN SUBSTANTIALLY
THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND
FANTASMA PRODUCTIONS, INC.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clark.)
80 October 27, 1960
0 0
36.3 12 DEEDS OF DEDICATION FOR HIGHWAT PURPOSES
RESOLUTION NO. 88-971
A RESOLUTION AUTHORIZING THE PROPER OFFICIALS OF THE
CITY OF MIAMI TO ACCEPT TWELVE (12) DEEDS OF
DEDICATION FOR HIGHWAY PURPOSES AND APPROVING THE
RECORDING OF SAID DEEDS IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
36.4 ACCEPT PLAT: ALONSO ESTATES
RESOLUTION NO. 68-972
A RESOLUTION ACCEPTING THE PLAT ENTITLED ALONSO
ESTATES, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
36.5 ACCEPT PLAT: JEANETTE SUBDIVISION
RESOLUTION NO. 88-973
A RESOLUTION ACCEPTING THE PLAT ENTITLED JEANETTE
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clerk.)
36.6 ACCEPT PLAT: CAMILO SUBDIVISION
RESOLUTION NO. 88-974
A RESOLUTION ACCEPTING THE PLAT ENTITLED CAMILO
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE CITY
!TANAGER AND CITY CLERK TO EXECUTE THE PLAT AND
PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and
on file in the Office of the City Clark.)
61 October 27, 144.E
L -
_ A
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a? gxECUTg AGRE M NT WITH FANTASMA PRODUCTIONS- rebates of novelty
concession revenue from concerts.
Mayor Suarez: Item three.
Mr. Plummer: Mr. Mayor, I just want to make sure with the Administration on
Item three, a flag of caution was raised that this is for a one year period
and on the record, which I've already discussed with staff, that this only
pertains to those concerts which are put on by this promoter. It does not
include any other food or beverage commissions in any other event except those
promoted by him. Is that correct?
Mr. Albert Ruder: Yes, yes it is.
Mr. Plummer: Thank you, I move item three.
Mayor Suarez: So moved.
Mr. De Yurre: Well, hold it, I got a question now.
Mayor Suarez: You want to second it for discussion?
Mrs. Kennedy: Second for discussion purposes.
Mayor Suarez: Second for discussion. Commissioner De Yurre.
Mr. De Turre: They are, and I'll ask this of the, I guess of the City
Attorney based on the contract that is being entered into. Jorge.
Mr. Jorge Fernandez: Yes.
Mr. De Yurre: I'm looking at the arrangement for the George Michael concert.
Mr. Fernandez: OK.
Mr. De Yurre: And, unless I'm mistaken, based on these numbers the novelty
rebate to the promoter is $12,500, correct?
Mr. Fernandez: Yes.
Mr. De Yurre: OK. Now...
Mr. Plummer: Needless to say, that's projections.
Mr. De Yurre: Oh, yes, sure.
Mr. Ruder: Right, that's based on 50,000 attendance.
Mr. De Yurre: Well, we got to base it on something and since these are the
cumbers, I'm going to base my example on this. Now, as far as the contract is
concerned with this entity, they're saying - they're putting up $20,000 as a
deposit of which they would stand to lose the twenty thousand if they didn't
perform three concerts.
Mr. Ruder: Right.
Mr. De Yurre: Ordinarily, would any type of arrangement of this nature be
worked out wherein there's some kind of rebate with the entities that are
promoting it?
Mr. Max Cruz: Last year it was Cellar Door.
Mr. Plummer: For the record, your name and who you represent.
Mr. Cruz: My name is Max Cruz, assistant director of Parks & Recreation &
Public Facilities. Last year with Cellar Door, we did similar arrangement
where Cellar Door was to produce three concerts; two at the Orange Bowl, one
could be at Miami baseball stadium or the Marine Stadium. It happened that
0 0
all three major concerts were produced at the Orange Bowl Stadium and we had
the same type of arrangement. It was so successful that Tantasms Production
approached us and wanted the same type of deal we did. Now Cellar Door would
like to come back for the same type of arrangement for another year which it
mean will be thatinstead of three, it will be six concert which, I think, is
very productive for the City of Miami.
Mr. De Turret Nov, the point that I'm trying to make is the following.
Ordinarily, you don't have these rebates, is that correct or not?
Mr. Cruz: Ordinarily, we do not, no, we do not have it.
Mr. De Turre: We do not have them. Nov, based on the contract that you have,
and that clause that says if they don't have the three concerts, they forfeit
the $20,000, if, after this concert, they don't have a second or a third
concert, we will get back the twenty thousand.
Mr. Cruz: That's correct, Commissioner.
Mr. De Turret Of which - now what happens if they have the three concerts?
They're going to get the $20,000 or is that_..
Mr. Cruz: No, that $20,000 will be applied toward the user's fee.
Mr. De Turret Which In the rental.
Mr. Cruz: Which is the rental.
Mr. De Yurre: How is that going to be worked out?
Mr. Cruz: Well, the rental in each one of the, each one of the concerts could
be different and toward the end, when we do the settlement, those $20,000 will
be taken in consideration.
Mr. Plummer: Victor, let me just give you this for what it's worth. They'll
put on the three concerts, we're hoping they'll put on nearer six. Everyone
of their concerts have almost been a sell out. Last year the City averaged in
return revenue from all sources, not only rental, food, beverage, souvenir,
total parking concessions, about $150,000 net revenue to the City with the
exception, of course, which was Michael Jackson which we derived $230,000
revenue. I can tell you that this concert is almost sold out. I know and
will not publicly announce who the second one is which is already been signed
up, which will definitely be a sell out, and the third one I'm not aware of
but these people handle sell out kind of concerts.
Mr. De Yurre: OK.
Mrs. Kennedy: How much are we getting on the sale of souvenirs and tee-
shirts, concessions?
Mr. Cruz: The sale of souvenir and tee-shirt, we receive a dollar per ticket
sold. This is out of the - it's a concession that we normally do not have at
the stadium. Those come with the act and are receive a dollar. Out of that
dollar, and we will say 50,000 people come in, we get $5U,000, we will give
the 25 percent rebate to the promoter who bring the act.
Mr. Plummer: I clove item three.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll on item
three.
83 October 27, 1988
t,
_._.•__-.-••--._.'..�.._�.,...-..sue.,...,....--�- -
6 0
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-975
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND FANTASMA PRODUCTIONS, INC. FOR REBATES
OF NOVELTY CONCESSION REVENUE DERIVED FROM MULTIPLE
CONCERTS TO BE PROMOTED AND PRODUCED BY SAID CORPORATION
AT CITY OF MIAMI STADIUM FACILITIES WITHIN A ONE-YEAR
PERIOD.
(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:
ATES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
38. CITY MANAGER AND DOWNTOWN DEVELOPMENT AUTHORITY TO APPLY FOR HIGHWAY
BEAUTIFICATION GRANT from Florida Department of Transportation for
Brickell Area S.W. 8 Street Gateway Project
Mr. Plummer: Mr. Mayor, on item four and five, it's a very nice thing to
accept money from the state, but the second one is to do some work and I've
not seen any kind of a plan and I don't know of any other members of this
Commission. What is the plan?
Mayor Suarez: The Edison Center Gateway Project?
Mr. Clyde Judson: Vhich plan?
Mrs. Kennedy: Well, item five, yes.
Mr. Plummer: Well, for the highway improvement.
Mrs. Kennedy: On item five, we have a plan.
Mayor Suarez: Yes, five we have been shown.
Mr. Sergio Rodriguez: Look at number four first.
Mrs. Kennedy: But I just want to know, when will you start, what are the
projections?
Mr. Judson: Yes, five is Edison Gateway.
Mayor Suarez: Yes, five we had a pretty extensive presentation.
Mr. Rodriguez: You want to see...
Mayor Suarez: No?
Mr. Plummer: I've not seen it.
Mrs. Kennedy: Fine, have a presentation, I just want to know why the $50,000
In going to represent in the whole project? I just...
84 October 27, 1986
6 0
Mr. Rodriguez: Mr. Judson from DDA is here to make a presentation on number
four.
Mr. Judson: Mr. Mayor, my name is Clyde Judson from the Downtown Development
Authority. I'm here to answer questions on the S.W. 8th Street project. The
boards that I have presented it are very long and unfortunately the easel
won't hold them but I can describe the project to you.
Mr. Plummer: Can you speak a little closer to the mike, please?
Mr. Judson: The boards that I have put up here are a little bit large for the
easel, if there are any additional things you'd like to see, I'll open them
out as you like to see them, but the project is the S.W. 8th Street project
between I-95 and Brickell Avenue.
Mayor Suarez: We previously did a study and spent substantial amounts of
honey off Brickell, I believe it was at 10th Street, was it7
Mr. Rodriguez: Tenth Street mall. There was a proposal for that area to....
Mayor Suarez: Has it ever gone beyond a study to anything?
Mr. Rodriguez: They have implementation in small pieces for the area around
the fire station.
Mr. Plummer: Around the what?
Mr. Rodriguez: The fire station number four in 10th Street when that property
was developed, we asked them to improve the sidewalks following the plan and
the property across the street. This is not this area the Mayor was asking me
about the Brickell Promenade.
Mayor Suarez: I was asking about it. We vent through the whole same thing
for loth Street and not all that much has been seen. I'm just wondering
if
we're going to do the same thing with 8th Street, we're...
Mr. Plummer: This is S.W. 8th Street from where to where?
Mayor Suarez: From I-95 to Brickell.
Mr. Rodriguez: To Brickell.
Mr. Plummer: It doesn't go beyond Brickell? What about from Brickell to
the
bridge?
Mr. Judson: That's not included in this particular project.
Mr. Plummer: OK, my main concern along 8th Street, what is this going to
do
to the parking?
Mr. Judson: It's not going to change the parking situation as it is now.
We
just...
Mr. Plummer: The planters are so far enough recessed that it will
not
interfere or delete any parking space that is presently there?
Mr. Judson: That's correct.
Mr. Plummer: OK. Second question, because it's upset me tremendously. And
that is, in the downtown area DDA went to extremes and did a nice job of
planting trees. Every time I go downtown now, I see somebody down there with
a chain saw cutting those trees down. I have had 37 different excuses of why
they've cut those trees down, none of them hold water. Now, are we going...
Mayor Suarez: Who was doing it typically, was it Public Works or...
Mr. Plummer: No, I heard stories that because the bad guys could climb up in
the trees and break into the roof jobs to it's covering somebody's sign to...
Mr. Rodriguez: Property owners basically, they're claiming that they have
break-ins.
85 October 27, 198Q
0 f
Mr. Plummer: Tes, well, you know, it's amazing, you come here and you ask our
permission to do it but you don't come here and ask our permission to cut them
down, OK7 Nov, but I want is assurances that those landscaping which on a
board looks good, this is not the kind of landscaping that we're going to be
faced with as we were in the downtown that in a number of yearns that's it's
going to have to be chopped down and something else is going to be put there.
Is that consideration been given?
Mr. Judson: That consideration has been given and a part of our proposal to
the State of Florida is that DDA also pick up the maintenance on this
particular project by doing a maintenance contract.
Mr. Plummer: Cost factor involved here?
Mr. Judson: The project is broken into two phases. The total cost of both
phases is 1.2 million dollar■ estimated. Phase I would be $700,000.
Mr. Plummer: How much?
Mr. Judson: One point two.
Mr. Plummer: Tell me, beside the landscaping and what it looks like tiled
Intersection, what else are you doing for a million two?
Mr. Judson: The biggest — the item that costs the most is the paving because
we're doing special pavement treatment at the intersections. We're also going
to be putting in some special lighting features that in the blocks as they get
closer to Brickell Avenue and some street...
Mr. Plummer: A million two?
Mr. Judson: That's the estimate, yes.
Mr. Plummer: One, two, three, four, five blocks.
Mr. Judson: ?es.
Mr. Plummer: And how much are you getting from the State of Florida?
Mr. Judson: We'll be asking them in Phase I...
Mr. Plummer: No, no how much are you going to get? Not what you're going to
ask because it don't mean nothing.
Mr. Judson: We haven't applied for it, that's... we haven't applied yet.
Mr. Plummer: What are you applying for?
Mr. Judson: We're applying for a grant.
Mr. Plummer: Of how much?
Mr. Judson: Four hundred thousand and half of Phase I.
Mr. Plummer: And where's the other monies coming from?
Mr. Judson: The DDA is proposing to pay for some of it out its capital
improvements...
Mr. Plummer: How much?
Mr. Judson: I can't answer that question right now.
Mr. Plummer: Well, you better. I want to make sure there's a restricted
amount of money in that fund that if we start this project we're going to see
It. I'm assuming that this thing is basically in two phases, one from the
MetroRail over and one from the MetroRail back. Is that how it is?
Mr. Judson: That's correct.
Mr. Plummer: OK and the first phase is how much money?
86 October 27, 1988
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Mr. Judson: Total cost of Phase 1 is $700,000.
Mrs. Kennedy: Seven hundred.
Mr. Plummer: OK, you got $00,000 you hope to get from the state. That means
there's another $300,000. Now, is the DDA restricted $300,000 in which they
will pay the difference?
Mr. Judson: The funding proposal is that the DDA would allocate a portion of
this fund set aside for the Brickell area and that it would - the Brickell
area association is supporting a special assessment to pay for the balance of
It.
Mr. Plummer: What happens if you do not get the assessment from the state of
Florida? I'm sorry, the grant from the state of Florida.
Mr. Judson: We do not get the grant from the state of Florida, we'd have to
consider other funding sources.
Mr. Plummer: Well, isn't that kind of premature then because it would seem
like to me, if you did not get the grant from the state of Florida, you
wouldn't do the project.
Mr. Judson: We're not doing the project, we're asking your permission to
apply for the grant. The state of Florida requires the City to approve us
applying for the grant.
Mr. Plummer: So, in other words, the only thing we're doing today is
approving the application of the grant, we're not approving the project.
Mr. Judson: That's correct.
Mr. Plummer: OK, thank you.
Mrs. Kennedy: And also maintenance on the project will come from DDA and from
special assessments, correct?
Mr. Judson: That is correct.
Mr. Plummer: And this would, through DDA, would go out through the normal
bidding procedure as City bidding procedures?
Mr. Judson: That's correct also.
Mr. Plummer: With the same minority procurement and set asides.
Mr. Judson: Exactly.
Mr. Plummer: Hey, you know, we thought the same thing with the Arena and it
didn't happen.
Mayor Suarez: Do you want to take item four first?
Mrs. Kennedy: No, you want to move...
Mayor Suarez: There's any problems with item four?
Mr. Plummer: Move it.
Mrs. Kennedy: Yes.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Four, moved and seconded. Any discussion? Call the roll.
0 0
The following resolution was introduced by Commissioner Plummer, who
m*ved its adoption:
RESOLUTION NO. 86-976
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
CITY MANAGER AND THE DOWNTOWN DEVELOPMENT AUTHORITY TO
APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE "BRICKELL AREA S.W.
OTH STREET GATEWAY PROJECT"; FURTHER DIRECTING THE CITY
CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND TO SUCH OTHER PERSONS AS
MAY BE REQUESTED BY THE MAYOR AND CITY COMMISSIONERS.
(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: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
39. APPLY TO FLORIDA HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT
for Edison Center Gateway Project
Mayor Suarez: Item five, I'll entertain a motion.
Mr. Elbert Waters: Yes, Mr. Mayor...
Mrs. Kennedy: OK, on item five, I wanted to know what does the $50,000
represent in the overall project, when are we starting, that type of thing.
Mr. Waters: Yes, Commissioner Kennedy, my name is Elbert Waters, Planning
Department. In reference to your question, the $50,000 that's reflected in
the recommendation from the Manager is to purchase the majority of the trees
that are being proposed for the 7th Street corridor of the Edison Center
Gateway project. The fact that 7th Avenue is a state road, we're applying for
the same highway beautification grant in anticipation of receiving that dollar
amount for the improvements of that particular section. The way the grant
application is targeted, the state requires the bulk of the monies to be
utilized for landscaping and as a result, what we've done is taken a look at
our budget to reflect the landscaping aspect of it along 7th Avenue. In
response to your question regarding when will we get started, we anticipate
the project going put for bid by the end of November.
Mr. Plummer: How much is the - I'm sorry, are you finished?
Mr. Waters: Yes, sir.
Mr. Plummer: How much is the total project?
Mr. Waters: Approximately the total project of the Gateway is approximately
4168,000.
Mr. Plummer: And how much are you applying to the state for?
Mr. Waters: Approximately $50,000...
Mrs. Kennedy: Fifty thousand.
f
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Mr. Voters: The City, through our community development block grant monies
that has already been set aside for the project, we anticipate utilizing that
as our match for that grant application.
Mr. Plummer: Now, you're going out - I assume that this is an item that would
have to be approved by the legislature.
Mr. Waters: No, by Florida DOT...
Mr. Plummer: There ore monies there already allocated?
Mr. Waters: ... yes, this is a special program they have approximately...
Mr. Plummer: Same Question applies, if you do not get the state grant, what
happens?
Mr. Waters: Voll, I believe that we're in a little bit better position in
that we have committed our funding sources for the project. What we were
trying to do with this is to try to increase the amount of monies that we
could receive and try to stretch it a little bit more.
Mr. Plummer: So, once again, the only thing we're doing here is allowing you
to apply, we are not approving anything else, it would have to come back
before this Commission.
Mr. Waters: Correct.
Mrs. Kennedy: I so move it.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-977
A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A
FLORIDA HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE FLORIDA
- DEPARTMENT OF TRANSPORTATION FOR THE "EDISON CENTER
GATEWAY PROJECT"; FURTHER DIRECTING THE CITY CLERK TO
TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND TO SUCH OTHER PERSONS AS
MAY BE REQUESTED BY THE MAYOR AND CITY COMMISSIONERS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: Thank you.
89 October 27, 1988
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40. Brief discussion and temporary deferral of proposed emergency ordinance
increasing appropriations for "MAM L ARTIKE RENOVATIONS" (See label
73)
Mayor Suarez: Item 10.
Mr. Plummer: Item 10 is the same question. I see no plan.
Mayor Suarez: I think this was additional funding for the same project we've
had in mind, huh?
Mr. Rodriguez: Right. In this particular case, what we are doing is
accepting an amount of $200,000 from the Florida Department of State, Division
of Cultural Affairs to add to the $300,000 that we had previously received.
Mr. Plummer: Well, show me a plan of what the money is going to be used for.
Mr. Castaneda: Commissioner, we did show you a plan.
Mr. Plummer: No, no, what is this money? It is an additional.
Mr. Castaneda: Right. If you recall, we awarded bids for the construction of
the community center. There were a bunch of additives in it that we did not
have enough money.
Nr. Plummer: Where they all approved by this Commission?
Mr. Castaneda: Yes. Not the additives. The additives would have to come
back to the City Commission.
Mr. Plummer: I've not seen a plan. I want to know what the money is going to
be used for.
Mr. Castaneda: Well anyway, Commissioners, what you will be doing here is
appropriating the money. I assure you that before...
Mr. Plummer: No, sirf I'm not going to appropriate an additional $200,000 of
not knowing what it is going to be used for! No, I'm not going to give you a
blank check.
Mayor Suarez: How much was the money initially appropriated, and how does
this $200,000 complete that?
Mr. Castaneda: Right.
Mr. Plummer: Because I have a vague idea, just like the Commissioner does of
what it is we are doing there, how much money is needed, but can you give us
something more specific than that?
Mr. Castaneda: Right. Commissioners, we received $300,000 from the State a
year before last.
Mr. Plummer: And that's what we approved.
Mayor Suarez: Has any of that being spent?
Mr. Castaneda: We have started construction this week on the place. We could
only...
Mayor Suarez: Did we start construction on something that we knew would not
be able to be funded with that $300,000, that it would exceed that with the
hope that we would later get the rest of the money?
Mr. Castaneda: No, no, we started construction on the base bid. There were
some additive bids, additive parts to the bid, that we did not have enough
money to cover, and therefore we awarded the contract for the base bid only.
Mr. Plummer: But we the Commission have not approved the additives.
90 October 27, 1988
0
Mr. Castaneda: That's correct and we would come back to you for those things.
Mr. Plummer: Then I am not going to give you a blank check of giving you
$200,000. I might not agree with the additives you are doing.
Mayor Suarez: What are we doing through this motion, are we7
Mr. Rodriguez: You are appropriating money from the State and we are
receiving a grant.
Mr. Castaneda: You are not authorizing the extension of a contract...
Mayor Suarez: Something is wrong somewhere, because the terminology is wrong,
Mr. Rodriguez: You are authorizing the use of the money. Your appropriations
will be in a...
Mr. Plummer: Hey, appropriating...
Mayor Suarez: ... it's got to be wrong. Appropriating money from the
State... either the State appropriates the money from previous...
Mr. Rodriguez: State grant from the State. We ire appropriating money that
we are receiving from the State and put it...
Mayor Suarez: Have we received it7 Is it the kind of money that is already
in our account?
Mr. Castaneda: Yes.
Mr. Rodriguez: Right.
Mayor Suarez: OK, now why must we move from one account to another if we are
not ready to explain how it is going to be spent?
Mr. Castaneda: Commissioner, before you spend any money, you have to
appropriate that money. What we are asking is that the...
Mr. Plummer: No, no, you don't do business that way. No, I'm sorry, you
don't appropriate the money and then tell me what you are going to do with it.
Mr. Castaneda: But Commissioner, we have told you what we are going to do
with it.
Mr. Plummer: No, not for this additional.
Mr. Castaneda: You.
Mr. Plummer: Not for the additional.
Mr. Castaneda: We have, Commissioner.
Mrs. Kennedy: Is that the one that...
Mr. Castaneda: But anyway, we would have to come to you extend the contract.
Mr. Plummer: What are the additives? I don't know what the additives are!
Mrs. Kennedy: Frank, why don't you put the back.
Mr. Plummer: Maybe I'm dumb. You may there is some...
Mrs. Kennedy: Did you say there are several students involved in this
project, Frank?
Mr. Castaneda: Right, yes. They did a design and so forth, but I will be
more than willing to sit with all of you Commissioners and explain what the
remaining items are.
Mr. Plummer: What are the additives? I mean, are you going to put...
91 October 27, 1984
Mayor Suarez: Tou are proposing this as an emergency ordinance.
Mr. Castaneda: Right.
Mayor Suarez: Which means you must think that somehow mechanically this has
to be done very quickly. Even though you had told us the money is at hand and
that you are not ready to have us actually approve the spending of it, so what
are we doing and why is on an emergency basis, Frank? It doesn't make any
sense.
Mr. Castaneds: The reason that we were putting it on a emergency basis is
because if we didn't do it that way, we would have to come next meeting for
the second hearing and the ordinance would not take place until 30 days later.
Mayor Suarez: OK, so we need that whole mechanism to be begun, at least. But
how are you going to spend the money?
Mr. Castaneda: Right, so what we wanted to do is to come back to the next
sleeting with the additives, but Commissioners, we have shown you, we did show
you the whole bid package. We showed you the base bids and if you recall,
there were...
Mayor Suarez: Had we approved already at least potentially, the second part
of the bid if we got the money from the State?
Mr. Castaneda: No, you approved only the base bid. You approved only the
base bid, but if you recall, there was a discussion, because some of the
additives in this one were cheaper than the additives in another one, and
there was some discussion on which bids that they...
Mr. Plummer: And what is going to happen to the bidding procedures?
Mr. Castaneda: I'm sorry, Commissioner?
Mr. Plummer: What is going to happen to the bidding procedures? How many
people bid this project?
Mr. Castaneda: I don't recall. Public Works would have to answer that
question.
Mr. Plummer: Well, where is Public Works? How many bids did we receive on
this?
Mr. Jim Kay: That occurred, but I don't have that answer, on how many were
received on that.
Mr. Plummer: Th-th-th-th-th.
Mr. Kay: The base bid was $250,000.
Mr. Plummer: Look, that's fine, you know what I am getting at, OK? Had it
been $450,000, we'd have gotten double the number of bidders. In other
words... you know, I have always questioned the bidding procedures of the City
of Miami, because they have got to be fair and equitable. We've started out
at as a $250,000 project, is that correct?
Mr. Kay: That's correct, $251,000.
Mr. Plummer: OK, had that gone out in an initial bid of $450,000, as you are
now proposing it to be, would we have got twice the number of potential
bidders then what we actually got in the initial bidding? A lot of companies
say hey, my cutoff point is $250,000, I don't want to bid on anything under
that. Are we doing through the back door what we couldn't do through the
front door? I don't know, and until I see it, I think it is ludicrous to come
here and ask me to vote on it.
Mayor Suarez: You know, one of the problems, I understand what you are
saying, and I agree that sometimes we change our minds after the facts about
the level of expenditure and the process may be leaving some bidders out,
which simply cannot bid at that level. One of the problems, I gather, is that
we don't always have the money available. We are not to sure if we are going
92 October 27, 1988
0 0
to get it in the future. We want to do some basis improvements, and Frank, I
understand what you are saying about. mechanisms. You need the ordinance to be
approved as soon as possible so that the money will be available at the time
that we approve the actual expenditure, but. my question is, let's say for
example, that we approve this as a firat reading today, or that we didn't
approve it at all. The rest of what you are doing with it, knowing that we
have... basically we have the money, you can begin taking those steps anyhow.
One thing, it seems like you do everything...
Mr. Castaneda: Well, Commissioners...
Mr. Plummer: No, no, it don't work that way, Mr. Mayor, excuse me. The
problem there is, that most likely, which I've not seen additives, you either
do them from the beginning, or you go back and have to redo them, which is are
twice as expensive. I understand that fully.
Mayor Suarez: But I can't figure out if you're doing this because you need
approval in principle of the concept and because you want to start the process
of the appropriation, which is going to take otherwise two readings, plus "x"
number of days for the ordinance to become effective and be able to have the
gooney ready to spend...
Mr. Castaneda: We are not asking here for authority to spend any money. We
are asking for authority to accept the money and have it in our books and we
will...
Mr. Plummer: That's not what's on the agenda.
Mayor Suarez: We have accepted the money. You told us we have it not only in
our books, but we have it in our account.
Mr. Castaneda: It is an appropriations ordinance. It is not...
Mr. Plummer: Once I appropriate it, you don't have to come back here,
correct?
Mr. Castaneda: No.
Mr. Plummer: That's rights You can do whatever the hell you want with it.
Mr. Castaneda: Commissioner, you appropriate the whole Community Development
block grant for $11,000,000 and I come back to you for every action.
Mr. Plummer: But this one here, once we appropriate the money, you do not
have to come back here and tell us what it is spent for under normal
circumstances. There is no legal requirement.
Mr. Rodriguez: May I suggest that you put that condition in this case.
Mr. Castaneda: Or, or...
Mr. Plummer: That's fine with me. That's fine with me, not a dime of it can
be expended until this Commission approves every penny of it.
Mayor Suarez: With that proviso I entertain it as a motion.
Mr. Plummer: I'll so move.
Mrs. Kennedy: I second.
Mayor Suarez: We need four -fifths.
Mr. Plummer: Then I'll vote against itl
Mayor Suarez: Do we even have four Commissioners? Table the item for a
moment, until we have four Commissioners.
(THEREUPON, THE ITEM WAS TABLED)
41. A) VENDORS USING PUBLIC RIGHT-OF-WAYS; administration to study issue and
recommend fair compensation to City; B) EMERGENCY ORDINANCE:
requirements for vendors using public right-of-ways.
Mayor Suarez: Item 11 is the sidewalk and street vendors.
Mrs. Kennedy: The Ted Stahl ordinance.
Mr. Plummer: Ten, the Ted Stahl hard relief bill. Who are you, sir?
Mr. William Chavez, Jr.: William Chavez.
Mr. Plummer: And who do you work for?
Mr. Chavez: Vendors.
Mr. Plummer: Who?
Mr. Chavez: Public relations for vendors.
Mr. Plummer: Well, we'd like to hear from the Administration, at least I
would, from the Administration first.
Mr. Chavez: OK, first.
Unidentified Speaker: My name is...
Mr. Plummer: Are you part of the Administration, sir? You don't look like
anybody on my payroll.
Unidentified Speaker: No, I don't work for you.
Mr. Plummer: Yes, that's one of the problems we are here today. You should
be working for us, but you are not.
Unidentified Speaker: No.
Mr. Plummer: Mr. Manager...
Mr. Rodriguez: The presentation is going to be made by the Law Department.
Mr. Plummer: I'd like to hear... one of the reasons this was deferred to hear
from the Administration and their recommendations.
Mr. Fernandez: The Law Department has drafted a proposed ordinance for your
consideration. The Law Department participated with the Department and with a
group of merchants and vendors and what is presented for your consideration
today, is what the Law Department deems to be acceptable from a legal
perspective.
Mr. Plummer: Now let's hear from the Administration, their recommendations.
Mr. Rodriguez: The recommendation is that you approve today's ordinance as
presented to you. We have been in contact with the property owners in the
area in Coconut Grove and we have been in contact with the vendors in the
area. There have been meetings. We can get into the details of the meetings
that we had with them. There is going to be some disagreements as to what we
have, but we believe that this is the best proposal that we have at this time,
following your indications at the beginning.
Mr. Plummer: Mr. City Attorney.
Mr. Fernandez: Yes sir.
Mr. Plummer: This only applies to the vendors in Coconut Grove?
Mr. Fernandez: No, the proposed ordinance in front of you today does two
things. It addresses the Coconut Grove district and sets up conditions for
0
it, as well as amends the pending ordinance as it is applicable Citywide in
three significant aspects. The first one is that the insurance provisions
that were recommended by the City Commission at the last time this pas
discussed is now...
Mr. Plummer: Hxcuse me. for the record, it was not that which w8s
recommended. I vas the one who said that whatever the City required of other
participants on City property should be required here. If in fact, that is
the case which required uniformly across the board, then I guess conceivably
you could may that I recommended it. I did not recommend a number. I
recommended whatever is done across the board for everyone else should in fact
be done here, for the record.
Mr. Fernandez: All right, I understand that, and that is the change that is
being made Citywide. Another change that is being made Citywide is the
provision that the vendor must be within 20 feet of a sidewalk cafe permitted
pursuant to Chapter 54 of the City Code, the prohibition of vending activities
that is within 20 feet of the sidewalk cafe. That applies also Citywide.
Mr. Plummer: You are only distancing them from a sidewalk cafe by 20 feet?
Mr. Fernandez: Yes.
Mr. Plummer: 20 feet?
Mr. Rodriguez: There was no distance requirement before. In doing this,
remember they have to comply with a certain width of the sidewalk and a
distance from the sidewalk cafe, so you are putting two conditions already
where they can locate.
Mr. Plummer: Yet, the ordinance that we are presently, not necessarily the
restaurant portion of it, that has presently what, a 500 foot distance?
Mr. Rodriguez: I think you are referring to the schools, distance from the
schools.
Mr. Plummer: No, as I recall, there was an ordinance that we established in
Coconut Grove that said a vendor selling like merchandise has to be more than
- so many feet from a store which is selling the same...
Mr. Rodriguez: That was from the schools.
Mr. Plummer: From the schools?
Mr. Rodriguez: The schools.
Mr. Plummer: All right then, I stand corrected.
Mr. Rodriguez: And we have some schools in that area.
Mr. Plummer: And what is that footage?
Mr. Rodriguez: 500 feet.
Mr. Fernandez: 500.
Mr. Plummer: 500. Is that same now still in this ordinance, the 500 feet
from the school?
Mr. Fernandez: Yes, we are making that universally applicable now.
Mr. Plummer: We can change that to 1,000 feet if we want? OK.
Mr. Rodriguez: Except you know what is difference in this ordinance though,
Is that the time in which the distance applies is only during the school
hours, 7:00 a.m. to 4:00 p.m. Before it applied all the time and it wasn't
clear in the ordinance the way we had before.
Mr. Plummer: OK.
Mr. Fernandez: So in those three aspects, we are amending the vending
ordinance, as I said, applies Citywide.
95 October 27, 1988
J
Mr. Plummer: There was one other that. I asked you to consider, I have not
heard you address. No, sales tax is something they are going to have to deal
with. All they have Rot to show is the demonstration of a sales tax
certificate. The other area that I *shed you to address In the use of public
right-of-way, Florida Power and Light, Southern Bell, everybody else, pays
this City a franchise fee and/or on public property, a return of gross. Most
of the gross is 32 percent return to the City. Now, they are on public right
of -way. Nov, is that going to be handled through a franchise, or is it going
to be just us taking their word for it that like all other people who operate
on City public property, to going to pay a return back to the City for the use
of that property? Who is going to pay for it?
Mr. Fernandez: You are aware that they are paying also an occupation license.
Mr. Plummer: I understand that, and all of the people who operate on that,
today pay an occupational license. They are using public property, i.e., the
sidewalk, the *wale area, they are not on private property. As such, this
City has always, with no exceptions to my knowledge, demanded a return of the
gross for the use of public right-of-way and I see no difference here and I am
asking what is written into this ordinance that says, and I am not trying to
say 32 is the return to the City, but they are using City property. Nov what
Is the City getting back in return?
Mr. Fernandez: This proposed ordinance does not consider that.
Mr. Plummer: I asked that that be included in.
Mr. Rodriguez: If I may, what we require in cases where we have sidewalk
cafes, is $12 a square foot per year.
Mr. Plummer: No sirl
Mr. Rodriguez: That is the amount that we have in sidewalk cafes.
Mr. Plummer: No sir, I don't know of any other place that that exists. Every
lease that I know of that exists on City property, they pay a revenue back, a
percentage of profit to this City and I don't see a bit of difference in this
case here. They are using public right-of-way.
Mr. Rodriguez: We don't charge that in...
Mayor Suarez: We don't have the logistics or anything to be able to
monitor...
Mr. Plummer: I asked that that be included here today. That was one of the
reasons of the deferment.
Mayor Suarez: Even if it otherwise made sense, we would never be able to
monitor that.
Mr. Plummer: Why not? No more so than you could monitor it through the sales
tax. They got to report that. Then we could monitor it easily.
Mayor Suarez: Yes, and I bet you the Department of Revenue has a very, very
tough time dealing with their...
Mr. Plummer: Then we would take to the Department of Revenue.
Mayor Suarez: They have to take it at face value everything that they report,
probably.
Mr. Plummer: Then I would accept the same unless we could prove to the
contrary, but I do feel the City is entitled to something. Are we going to
put out.., here again, I am going back to what we practice presently. Are you
going to put this out on a franchise? Are you going to put this out that it
Is a Willy -Willy, where anybody and everybody can come in. I mean you know,
that is not the way this City operatesl
Mayor Suarez: It's always been on limited licensing.
Mr. Plummer: But limited to how many? What happens...
96 October 27, 1988
0
Mayor Suarez: No, unlimited. It her always been unlimited licensing.
Mr. Plummer: Is that what we went? Mr. Mayor, let me give you a classic
example.
Mayor Suarez: Hell, I thought that the idea was to impose certain
restrictions that would at least insure, you know, that the more orderly
process that they would not be a situation of being directly competitive with
certain, and otherwise an impediment to existing businesses. If we want to
get into the issue of now equalizing them with other retail outlets or
otherwise getting a percentage somehow for the City, you know, that's...
Mr. Plummer: Mr. Mayor, let me give you an example. I'll give you a classic
example that happened yesterday.
Mayor Suarez: You might kill theml
Mr. Plummer: I went out of the Metro Justice Building. You are familiar with
that building. As I walked down the steps, there were three vendors to the
left, there were three vendors to the right, you could not walk on the
sidewalk. I went across the street to the parking and there was one more
vendor on the left, and one more vendor on the right for a total of eight
vendors within 25 feet, each one trying to hawk the people coming out of that
building, OK? Nov let me give you one other example. People have said to me,
well, isn't it better that these people are doing this rather than going on
welfare? How do you feel that the people that have a legitimate business
inside of that Metro Justice Building buy concession, it is for the Lighthouse
For The Blind.
Mr. Chavez: Would you rather have eight people there with a shotgun there,
pointed at you?
Mr. Plummer: Sir, I promise you I will not interrupt you. All I ask is the
same, OK? I'm saying to this Commission, I am always in favor of a man going
to work whenever possible.
Mrs. Kennedy: A person.
Mr. Plummer: A person. Yes, there were two lady vendors there yesterday.
But here I could not walk on the sidewalk yesterday to get around those
hotdog vendors, eight of them, within 25 feet. And I guess there was nothing
to say, that if that cart that came down the street, a trailer with nine of
them on it, or seven, that there couldn't have been 22 of them there.
Mayor Suarez: Are you talking about the County Courthouse?
Mr. Plummer: The Metro Justice Building, eight vendors when I walked out of
there yesterday.
Mayor Suarez: But you know, because of that...
Mr. Plummer: OK.
Mayor Suarez: ... because of their presence there, the people can get in and
out very quickly. In the courthouse particularly, it is the worst place, in
terms of having to get back into court, you have a very limited periods of
time, recesses, and...
Mr. Plummer: I don't disagree with you, air. I am saying to you, what is to
may that there weren't 22 of them there? What is to say that the people who
are operating on a franchise issued by the County, The Lighthouse For The
Blind, that they are not going to be on welfare, because they are going to be
put out of a jobl - because they are outside, selling what they are selling
Inside.
Mayor Suarez: It has always been a natural process of ■election or
competition, you know, that they would only support a certain number.
Mr. Plummer: There is none.
97 October 27, Igo$
Mr. Rodriguez: In a care of downtown, Commissioner Plummer, there are areas
that have been established, the problem that we have in that case, like in
other parts of the City where we have, is enforcement. There are areas
established, that are painted in the sidewalks, they can only stay in those
areas, they have to be certain site, but the problem is enforcement.
Mr. Plummer: Sergio, I beg of you, any day to go over to the Metro Justice
Puilding.
Mr. Rodriguez: I've been there, I know what you are saying. It is
enforcement.
Mr. Plummer: OK? There is no enforcement there. Mr. Mayor, I'll conclude
and then let the others speak. They are using public right-of-way. They are
using the City's own property that is owners of the public. Every other
person who does same pays to this City a revenue, the bus bench people, the
but shelter people, the Telephone Company, Florida Power and Light and this
City demands of them that they must protect the City by virtue of a sufficient
size of a liability insurance policy. Why would this be any different? In
effect, by passing this ordinance, we are condoning it. We are giving
permission for them to operate, which we have not done, except in Coconut
Grove before. This City must be protected and the revenues of this City must
come in as normal. For right now, I'll be quiet.
Mayor Suarez: On that just now, am I misunderstanding something? We're not
allowing something here that was not previously allowed. In fact, we are
tightening up, we are forbidding in certain areas...
Mr. Rodriguez: In this particular case in the Grove, we are limiting the
location where they can be placed, and also we are imposing some new
requirements as to liability that were not there before.
Mayor Suarez: Yes, in fact I think you are making it sound like we are now
all of a sudden going to permit something that before was not permitted. I
think what you are saying is we didn't regulate it before, any more than just
to give them the license, but they were allowed to be anywhere before. By
lack of regulation they were allowed to be anywhere before.
Mr. Plummer: The only license to my knowledge that they had in the past was
an occupational license, that's all.
Mayor Suarez: Right.
Mr. Plummer: That was not necessarily. Remember, they took out a vendor's
license. If you go to the interpretation in the book, a vendor's license
means that they will vend. They will not be in a given location and stay
there. They will continuously be on the move.
Mayor Suarez: If I remember our ordinance, and I spent some time with it a
few years ago, because of the street vendors in the corners, after Mariel, and
at least one of the ordinances made reference to the fact that they were
supposed to be moving and that is what you are referring to.
Mr. Plummer: Yes and that's the vendor's license.
Mrs. Kennedy: Let me just touch up on something that Commissioner Plummer
brought up about enforcement. We can have the best ordinance in the world,
but if we don't enforce it, it's useless. Now, I want to know specifically,
how are we going to make sure that this ordinance is enforced?
Mr. Rodriguez: Yes, in this particular case, what we have, we are going to
have very clear location in the case of the Coconut Grove, where they can
be... if you approve of what we have in the backup of the package, where they
can be located, and they cannot be located outside that area. Again it will
require the police to be on top of this and I am sure we are going to get
complaints from the businessmen where they are not in the location where they
are supposed to be there. One thing that I want to mention...
Mr. Plummer: Mr. Rodriguez.
Mr. Rodriguez: Yes sir.
98 October 27, 1988
Mr. Plummer. Rxcuse me, if you are telling me that you are going to make it
the responsibility of the Police Department to enforce or regulate something
pertaining to Building b Zoning, you are going to lose me. This is not a
police action.
Mr. Rodriguez: It is not a Building 6 Zoning item, because it is not within
the private property, this is in the right-of-way, so it is outside of the
enforcement of the Zoning Department.
Mr. Plummer: All right, Mr. City attorney.
Mr. Fernandez: Ten air.
Mr. Plummer: In effect, an I read this ordinance, we are giving them, they,
the vendors, the right to operate in certain locations.
Mr. Fernandez: That's right.
Mr. Plummer: Do you know of any other instance in which the City has given
the right of people to use City right-of-way, that the City did not get some
compensation in return? I don't know of any.
Mr. Fernandez: I don't know of any either, right off hand.
Mr. Plummer: Is it legal for the City to do that?
Mr. Fernandez: The City charges an occupational license.
Mr. Plummer: That's a different. story. Anybody can get an occupational
license, whether they are on public right-of-way, or not.
Mr. Fernandez: But the way the Code provision reads right now, it
specifically makes it legal because it is an occupational license to precisely
transact business in the public right-of-way.
Mr. Plummer: No.
Mr. Fernandez: Yes.
Mr. Plummer: Oh, only if they keep moving. That's the vending ordinance,
they've got to keep moving. And that license, by the way, is $458 as opposed
to $185.
Mayor Suarez: I think it was a definition, not...
Mr. Chaves: We've got over here all the ordinance. Would you like to see it?
Mayor Suarez: No, our staff is advising us. You can refer to it though, when
you make your argument, if you'd like.
Mr. Plummer: I just don't know how the City can in effect give permission for
someone to use City property without compensation being returned to this City,
because once you do...
Mayor Suarez: No, we are doing it in the case of newspaper boxes, of course.
Mr. Plummer: Well, wait a minute, I am going to get to that next, because the
next question I'm asking is about street vendors that are out in the middle of
the street, and the next is newspaper racks that are vending on public right-
of-way, because that is all encompassed. It is all part and parcel. Now, how
are you going to do it? You are going to play it fair across the board as far
as I am concerned.
Mayor Suarez: OK, go ahead and make your statement and then we'll hear form
Ted and then anyone else.
Mr. Chavez: OK, good afternoon, Commissioners. First of all, I would like to
address the point that Commissioner Plummer brought up about the Metro Dade
Building.
Mr. Plummer: For the record, your name and address, please.
99 October 27, 1986
9
Mr. Chavez: OK, William Chavez, Jr., 2111 S-0 16th Terrace.
Mr. Plummer: And you are here representing...?
Mr. Chavez: The vendors.
Mr. Plummer: Are you here for a fee, sir?
Mr. Chavez: No, I am not.
Mr. Plummer: You are not charging anything?
Mr. Chavez: No, I am public relations for one of the vending companies.
Mr. Plummere Are you paid a fee?
Mr. Chaves: No, I'm not.
Mr. Plummer: You do it free of charge?
Mr. Chavez: That's right.
Mr. Plummer: Then you don't have to register as a lobbyist.
Mr. Chavez: But I am registered, by the way.
Mr. Plummer: With the City?
Mr. Chavez: Yes.
Mr. Plummer: Good.
Mr. Chavez: IRS will love you.
Mayor Suarez: Actually, it was probably a good idea for you to register,
given the definition that you gave, because I'm sure you do get paid at some
point for doing public relations for the group. I can't imagine you would do
it totally free, but go ahead.
Mr. Plummer: The important thing is he is registered.
Mr. Chavez: OK, first of all, I would like to address the Metro Justice
Building. Inside, where they do sell, the only thing that they do sell is
newspapers and small snacks. They do not sell total food. Second of all, I
think eight vendors, that is a pretty large sidewalk. Eight vendors, that's a
pretty large sidealk. I think they're going to need a larger sidewalk, or the
people have to get on a diet with eight vendors to go around them, OK?
Mr. Plummer: You want us to put in a larger sidewalk so you can have more
vendors?
Mr. Chavez: No, not if with eight vendors you cannot get around, one of those
two has to happen. OK, Building & Zoning works from 9:00 a.m. to 5:00 p.m. and
the vendors, most of them in Coconut Grove, work at night. I don't know if
you have my people in Building & Zoning, so it would have to be enforced by
the police if you did say it. Also, in the provision here where they were
stating, is vending zones shall be, whenever possible located in areas where
the sidewalk and curb have been extended into the street forming a pedestrian
peninsula. That is what it says in the ordinance as it states. If you would
like to propose a change then, we would be happy to hear it and we'd just like
to present the part about the insurance, that the sidewalk cafes do take up a
lot, quite a lot of space when they put up the chairs. They are there most of
the day and most of the night. The chairs usually stay out there, and the
tables, and some of them, and the vendors do move around, do go to different
places and do take up quite a small area. Also, as of now they pay $300 for
the City of Miami license. They pay $72 for a hotel and restaurant license
and $60 for a commissary license, which means the cleanup of the carts and
everything, $25 to the Health Department, and $68 for the Dade County license.
Mr. Plummer: Exactly what a business would pay if they were in a store, plus
ad valorem taxes and providing all the amenities for the public, and I didn't
mean to interrupt you either.
Mr. Chavez: OK. The vendors are in agreement that it should be at some point
that everybody should hove some type of liability insurance, but. we think that
in this case, it should not be as high as those street cafes. We think that
even security guard agencies buy their State of Florida license and
investigative agencies and others alike, which have quite a danger point,
limited to $300,000 liability and $300,000 bodily injury and we would like to
propose for either to a later date, for us to bring you a plan of what we
would like to accept, because we are in total agreement with doing some kind
of insurance and working with the City in that sense, but we think that one
million dollar insurance, many of the vending carts which are singly owned are
right now struggling to make ends meet, and to hopefully at some time go on
better. I'm not. going to say that they would be somewhere else, or they'd
probably find another job, but it would cause a lot of people to go out of
business. The big companies, likes one of the bigger companies I represent
are still worried about the small vendors and we'd like to help them out also.
We'd like to work something out with the City.
Mrs. Kennedy: Mr. Rodriguez, how many vendors are we talking about?
Mr. Rodriguez: This particular area, we have ten locations in the Grove.
Remember, you only have these zones in the Grove and in downtown. The rest of
the City, we...
Mrs. Kennedy: I'm talking about the Grove.
Mr. Rodriguez: The Grove, 10.
Mr. Plummer: What about Metro Justice Building over there?
Mr. Rodriguez: We have it only in Flagler Street and some portions that we
haven't done.
Mr. Plummer: Are you telling me that we are not regulating them at all?
Mr. Rodriguez: In the Metro Justice Building, I believe that we have
locations establishing the corner in which they can... I don't know whether
they are being enforced. That is what I think is the problem. In the past I
understand that it was very difficult to enforce in the downtown area.
Mr. Plummer: Well, let me ask the City Attorney, if I may.
Mrs. Kennedy: Sure, go ahead.
Mr. Plummer: Mr. City Attorney, I'm not trying to set an arbitrary figure as
to the amount of liability. Today, knowing the court awards as we've seen
them in astronomical numbers, I'm wondering what is your recommendation of
what you think, because you are going to have to defend the suits, what do you
think is adequate for this City to protect itself with? I said that last
time, I'm not trying to set the number, I merely feel that whatever we require
of other people to provide, we should be uniform and fair across the board.
_ Nov, if you say to me $1,000,000 is out of line, and we'll not have to worry
about the City picking up a $1,000,000 liability, then I'll be governed
accordingly, but I just... I may to be fair, uniformly across the board to
these people as we are to present leaseholders and franchise holders. No
more, no leasl
Mr. Fernandez: The greater the amount of protection that we can get, the
better the City would be off.
Mr. Plummer: That is not my answer?
Mr. Fernandez: That which is reasonable, you know. The amount stated here is
$1,000.000. This was drafted as a result of many meetings between my
department, the Administration and I understand, citizens who participated in
the process and there was a consensus as to this amount.
Mr. Plummer: Well, I personally don't feel it is out of line, based on some
of the awards that has been coming down.
Mr. Fernandez: I don't either.
101 October 27, 1968
Mr. Plummer: So... OK, thank you sir.
Mr. Chavez: Excuse me, can I say one more thing. I'd like to ask the City
Attorney, first of all, how many suits have been brought against the City
because of this and the records before through vending carts, and second of
all I Mould like to state that Miami Beach and Metro -Dade County and many of
the other counties which we had record on here, ask in their ordinances only
for $300,000 liability insurance. I think it would be appropriate.
Mr. Plummer: That is their prerogative. I think it a fair question, do you
know of any suits that have been brought?
Mr. Fernandez: No, I do not know of any.
Mayor Suarez: Yes, I'd hoped that we would have a very reasonable insurance
limit, you know, that would be affordable. Yes, my lawyer friends might not
agree, but than I don't agree with lawyers on many, many things anyhow, so...
Ted, do you want to address the issue?
Mr. Stahl: Are these gentlemen finished?
Mayor Suarez: I don't know, but do you want to address, or do you want to...
Mr. Stahl: I'd like to start from the beginning and...
Mayor Suarez: This is not an adversarial relationship, you know. We have to
go back and forth.
Mr. Stahl: All right, sir. This goes back to November 12th of 1987. It was
brought to the attention of this Commission, of the ever growing problem of
vendors on the sidewalks of Coconut Grove, and if you really want to know the
truth, it was five years before that that this problem started developing with
the approval of Mr. Luft saying that this would add to the ambience of the
Grove. On November 12, 1987, the Civic Club, the Tigertail Association, the
Chamber of Commerce, and the Merchants Association, who represent the
merchants and the residents of this community, stated their feelings and
advised this Commission that they felt that the vendors should be removed from
the streets of Coconut Grove. After hearing both sides of the argument, you
told us we had to compromise. The following week, this goes back to November
of last year, the following week after you told us to compromise, the
representatives of the opposing organizations and the representatives of the
newly organized Vendors Association sat down at the Glass House and started
working on the ordinance that you have today. And may I first make very clear
that the ordinance that you have before you today, was drafted and drawn up by
us, not this City Attorney. It was handed to the City Attorney to get their
legal advice. So what you are looking at basically was a compromise that you
have asked us for.
Mayor Suarez: All of which means that you favor it.
Mr. Stahl: No, wait a minute.
Mayor Suarez: It does not mean you favor it, Ted?
Mr. Stahl: Wait as minute, sir, please. We finally agreed on what we felt
was an ordinance...
Mayor Suarez: OK, before you give me any more history, I want to know, for
myself, are you in favor of the ordinance that is now before us?
Mr. Stahl: Only if this City, if this Commission...
Mayor Suarez: Only if we hear the history of it?
Mr. Stahl: No, only if this Commission guarantees us that this ordinance will
be in force. From the past record of our Police Department...
Mayor Suarez: To the best of our ability.
Mrs. Kennedy: Which was my point, yes.
102 October 27, 1986
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Mr. Stahl: yes, but we have had... the ordinance in effect now has never
been...
Mayor Suarez: But you have to admit the one in effect now has been almost
unenforceable by nature. There is no restrictions as to locations or anything
glee. Nov, we are trying to find one that is enforceable. At least we are
going to try to enforce it.
Mr. Stahl: There were locations on the original ordinance, Mayor Suarez, that
have never been enforced.
Mr. Chavez: I mentioned those restrictions.
Mr. Stahl: They have never been enforced, that is why you asked us to have a
new ordinance drawn up.
Mrs. Kennedy: And Ted, I think that the key here is weekends, because the
Planning Department works well, but they are nine to five. What happens after
five, and what happens on weekends and that's what we have to look at.
Mr. Stahl: Please don't turn this over to Code Enforcement. We have a
problem now in the Grove that went before Code Enforcement, found the tenant
guilty, and it took u■ six months to get the hearing to Code Enforcement.
Code Enforcement found them guilty, told them to remove their carts from the
sidewalk. Two months later they are back out there again and we are told that
we must now go through the entire process all over again and they can't send
inspectors out on the weekends because it is not in their budget and they
don't have the money. Now, that is a pretty damn bad excuse, to tell us that
they can't enforce the law.
Mayor Suarez: By the way, funny you should mention Code Enforcement, because
we are going to be coming up, I don't know if it is today or some other day,
that we are deciding on who represent that agency, what attorneys and maybe we
ought to look at the effectiveness of whoever is represented.
Mr. Stahl: May I ask you all a question, the Commissioners up here? During
the months that this ordinance that we drew up which we hand delivered in
February of this year, to our City Attorney, and the only reason we are here
before you now is because nothing has been done and when you told us to go
back to the original ordinance outside the 500 foot radius, these vendors
started accumulating so many in that extended outside of that 500 foot radius,
that it has become a safety problem, and we constantly called the City
Attorney to ask why this ordinance that we had drawn up has sat seven months,
and we got no response, so this when we came to De Yurre and Mr. J. L.
Plummer, and Rosario says what is happening? - and this is why we are here
before you now, because if we hadn't brought this to the attention of you
Commissioners, we'd still be waiting for the City Attorney to come with an
ordinance. My question to this Commission, I just want to ask a verification,
during all this time that has gone by, many months ago it was brought to the
attention of this Commission about the experimental block downtown Miami, to
remove the vendors because it was unsafe. You agreed, in an emergency
ordinance, to remove vendors from this block because it was unsafe and the
reason you agreed was because of the additional planters, the telephone booths
and the palm trees.
Mayor Suarez: Well, it unsafe. I don't know if that was the only reason.
Mr. Stahl: Well, whatever reason, you agreed to remove them because it was
unsafe.
Mayor Suarez: It was an experiment and we wanted to try it without the
vendors to see how it worked.
Mr. Stahl: All right, let me tell you something now. On the Flagler Street
block you have 13 lamp posts. We have 20 on Commodore Plaza. You have
additional 17 palm trees you have added downtown. We have 29 oak trees. You
added 30 inch diameter planters onto the streets downtown, we have 33 planters
that are an average of 16 square feet and 32 square feet per planter. We have
25 parking meters on our sidewalks. Downtown has nothing. Since this
ordinance has all been going through, you have added 60 tables to our
sidewalks, an average of throe to four chairs per tablo, is 240 chairs to the
City sidewalks. Your sidewalk downtown is 22 feet wide, ours is 14 feet wide.
103 October 27, 1988
Your smallest sidewalk downtown in your development is 12 feet wide. Ours is
6 feet wide and you are telling us it is safer for us to have this
conglomeration aaess on sidewalks that are smaller than the one that you
granted to remove them downtown. Now, that what I want to have an answer for.
You said it was an emergency downtown, but we have worse problems in our
community and you are saying for us to live with it.
Mr. Rodriguez: In relation to Mr. Stahl'@ reference to Commodore Plaza, in
the ordinance that you have `afore you, all those planters and street lights
and everything else that he mentioned, there is not a single location for a
street vendor in Commodore Plaza because we felt it was too crowded, so I
don't know what he is talking about.
Mr. Stahl. We are talking about... you have two at the very end, air, on Main
Highway and Commodore Plaza.
Mr. Rodriguez: You don't have any on Commodore Plaza, it is on Main Highway,
at the end, but it is not inside of the Commodore Plaza area where you are
talking about all the locations of all the lights and so on, so I...
Mr. Stahl: All right sir, in your ordinance that you've got written here, you
give the Public Works the right, in the years and months to come to place them
there, the way this new ordinance is written. You are giving the Public Works
the right to establish an additional vending zone where it is permitted due to
sidewalk width, and there are four locations on Commodore Plaza that can
handle this problem, which you will throw in our face after you agree to this
ordinance later on in the years to come.
Mr. Rodriguez: To be able to do that, Mr.Stahl, we would have to have a
sidewalk that will large enough to handle it, and to do that, we will have to
widen the sidewalks in the areas where we don't have them now. The only
locations where we have them is the locations that we have in the map.
Mr. Plummer: Who issues the designation of what vendor can be there?
Mr. Rodriguez: As to which one will be selected?
Mr. Plummer: Yes.
Mr. Rodriguez: First come, first serve, as to applying for a permit.
Mr. Plummer: I put an application right now for all ten.
Mr. Stahl: So do I.
Mr. Plummer: No, no, no, I'm first! I'm first, I want all ten locations.
Mr. Rodriguez: If it is limited to one location per vendor.
Mrs. Kennedy: One per person.
Mr. Plummer: I'll form ten companies.
Mr. Rodriguez: You can do that. You want a lottery?
Mr. Plummer: You see? Where is the equity? Where is the equity? Is that
nontransferable? Can they sell it to another vendor, can they sublease it?
Mr. Rodriguez: Let me get Ms. Genova on the record.
Mr. Plummer: Is there going to a lottery? We will draw from a lottery?
Ms. Margarita Genova-Cordovi: For the record my name is Margarita Genova-
; Cordovi, a planner for the Grove. It wouldn't happen that way. We went back
! znd forth over this. The way it works out is every day, whoever gets to that
spot first gets it.
Mr. Plummer: You are going to issue a permit, in other words, somebody from
the City is going to go every day to those ten locations to enforce it?
Because if not, you're going to have fights on your hands.
104 October 27, 1988
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Ms. Genova-Cordovi: Well, supposedly there will be one vendor per spot and
there are police officers assigned to the area, so if there is more than one
vendor in a spot, it is illegal.
Mr. Plummer, But you will have fights. The other guy is going to say I was
here first, I had it yesterday. Who is going to be the referee in those
fights?
Mrs. Kennedy: That's not a good method.
Mr. Stahl: That has been a problem with all of this, who is going to get
these spots.
Mr. Plummer: Can you issue a permit, may, for a week, and then the next week,
somebody else gets it? I mean, there has got to be a better system than what
you are telling me.
Ms. Genova-Cordovi: I can give the legal opinion on that before. I remember
from the meeting, Mr. Maxwell had said that to give a permit to an individual,
you know, there is always the problem of the legality. Why does he have the
right to be there, and how would choose who gets to be there?
Mrs. Kennedy: Sergio, we'd better come up with another systems
Mr. Rodriguez: In the case of downtown, we have the same concern about what
would happen. Granted, that in some places it is not working and it might be
because there has been no area designated for vendors, but in the other
places, they have been, the system has worked somehow, it has worked out among
themselves and things take care of themselves. If you want to create another
system...
Mayor Suarez: People have got to understand that we are going essentially
from no system to a little bit more of a system, and hopefully, it will work.
Mr. Plummer: Vhy wouldn't you issue some kind of a certificate of use for a
seven-day period or a five-day period? - and then the next seven-day period
Issue another licen.,e, or giving...
Mayor Suarez: We'll have to take and dedicate a whole department to this
process.
Mr. Plummer: Yes, this is the same thing, you are going to have to go out
there and settle fights all day long.
Mr. De Yurre: Well, J.L., let me...
Mayor Suarez: Well, that's fine, it doesn't work out that way.
Mr. De Yurre: ... give yc,u my thoughts on this. First of all, I think that:
breaking it down to a weekly period, or biweekly period does not serve the
purpose, because if you make an investment and you buy the goods you are
selling, you are putting money, and then all of a sudden it is going to be
there for two weeks and then you've got nowhere to do. I think that what I am
looking at is that we've got ten spots up there and I am just talking about
the Grove, we can discuss other areas in the City. We are talking about ten
spots, my feeling is that it will go to one vendor each spot, you are talking
about ten vendors, we hold a lottery.
Mr. Plummer: For how long a period of time?
Mr. De Yurre: You can give it for a one or two year period. Then you renew
at the and of that period, then you hold the next lottery and that's the way,
you know...
Mr. Plummer: Without a revenue source back to the City?
Mr. De Yurre: Well, no, hold it.
Mr. Plummer: Oh, OK.
Mr. De Yurre: Hold it. Once we establish that procedure, then we are going
to say whoever get the location, it is going to cost you "x" dollars annually.
105 October 27, 1988
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You can pay us monthly, you can pay us, you know, quarterly, or whatever, and
we set a figure that we feel will you know, is something that is adequate for
the situation and that we know, we can't get into the thing who gets their
first and you end up with fights. Then we'll really need the insurance!
Mr. Plummer: Well, let we ask a question of the PR man. Can you tell me,
air, and I'm just asking for a ballpark figure, I'm not going to go out and
count noses. Approximately, to the best of your knowledge in the City of
Miami, how many of these carts are presently existing? Not just the hotdogs,
but all carts, I'm talking about fruit - I am not talking about street vendors
who are hawking flowers or hawking papers, but roughly, how many would you say
there are?
Mr. De Turre: Washing windows.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, sir, in the total City of Miami.
Mr. Chavez: You are talking about City of Miami.
Mr. Plummer: City of Miami.
Mr. Chavez: There is quite a few. I don't have an exact, I couldn't even
give you a ballpark figure, but...
Unidentified Speaker: More than 200.
Mr. Chavez: More than 200.
Mr. Plummer: More than 2007
Mr. Chavez: Yes.
Mr. Plummer: OK, and let me ask you a question, if you feel that you can
answer it. What would you say the average gross a day is per cart? - and I
realize location has a lot to do with it, but the average.
Unidentified Speaker: It is very hard to say.
Mr. Plummer: Well, the average, I mean, you know, would it average $500 a
day? - gross now, not net, gross.
Mr. Chavez: Definitely not, definitely not.
Mr. Plummer: 300?
Unidentified Speaker: No.
Mr. Chavez: It is a small business.
Unidentified Speaker: Very small.
Mr. Plummer: No, no, you can't tell me that it is gross $50. Now, I won`t
accept that)
Mr. Chavez: You are right.
Unidentified Speaker: You are talking about average.
Mr. Chavez: Average.
Mr. Plummer: No. There is no way, that means if it is average gross $50,
that some are making less, and if they are making less gross after you paid
for your product, you've paid for the use of the cart, that means they have
worked for $3 or $4 a day. No, I can't buy that.
Unidentified Speaker: Mr. Plummer, you say average. Some of the carts they
sell over $150, maybe $200, some of them they sell $40; you are talking about
average.
106 October 27, 1988
Mr. Plummer: All right, I cannot, and I am just giving you my opinion, now, I
cannot believe that gross, total take in dollar, is less than $100 per cart
$vefage •crops the bojord.
Unidentified Speaker: Tou would be surprised.
Mr. Chavez: As you said, it depends on location and does depend a lot on
location. Some people start out and they don't have any type of income at the
moment or.
Mr. Plummer: I understand location has a lot to do with it.
Unidentified Speaker: Mr. Plummer, in downtown they have all the spot$, they
have a number. Recently they did. All the vendors names are over here, each
one has a number and it is no problem in downtown. They recently did this,
you know, all the spots are marked with a number.
Mr. Plummer: Sir, remember just for you education, we did pass that subject
to this ordinance being adopted today, so whatever is there will be applying,
whatever we passed, if we pass something today.
Unidentified Speaker: I know that, but I am talking about there is no fight
over here because all the vendors agree with this.
Mr. Plummer: All right, sir.
Mr. Stahl: Mayor Suarez, may I ask you a question? We are covering the
_ entire City of Miami, but there is a special section of this ordinance that
specifies just Coconut Grove and we are sort of drifting away from that and...
Mr. Plummer: Ted, it's got to be. Ted, it has to be uniformly across the
board.
Mr. Stahl: All right then, going back to Mr. De Yurre's comments about how
long these people will have these carts. One of the most important factors
that the merchants and these organizations, and the representatives from the
vendors agreed upon, was the attractiveness of the cart. One of the reasons
we didn't want the vendors in our community is because of their appearance.
What we are now going to control, if we are allowed, is special carts that
must be approved by Public Works...
Mayor Suarez: That's built into the ordinance.
Mr. Stahl: There's a whole page of it, planning, but Public Works will
approve the carts. It states that in this ordinance. If there has been a
mistake, I don't know. But the point is, each one of these carts estimate
almost $3,000 a piece. For them to only have a few, for only a year's use,
that is going to be hard against the venuor, I think, as Mr. De Yurre said, a
lottery, or however it would be justified equally for everyone to get a chance
for these ten spots in the Grove, that has to be handled by the Law
Department. What I am saying is, to have a spot in the Grove, in these ten
spots, they must have one of these carts that meets the requirements on this
ordinance. That is very important, and that's why these groups have all
agreed with the vendors, you know, to work together, and all of sudden, these
gentlemen over here, I know they represent the entire Miami area, but they
have never been to any of our meetings. They were never involved, and I don't
know why they weren't involved, but we are talking about the Grove, that is
who I am representing today.
Mayor Suarez: Let me ask another question then, to clarify. Do you support
the ordinance as now being proposed? I thought we were... I mean, I don't
care...
Mr. Chavez: Without the amendment though...
Mayor Suarez: ... who participated and who didn't, if everybody supports it,
I thought we had an understanding, that we had agreement on a very difficult
problem, except for the insurance, yes, I understand.
Mr. Chavez: Yes, we don't...
107 October 27, 1988
Mr. Stahl: These gentlemen also know that in our ordinance, there is no food
vending in Coconut Grove.
Mayor Suarez: Whatever is in the ordinance...
Mr. Stahl: You understand that?
Mayor Suarez: ... they will have to abide by, yes, sir.
Mrs. Kennedy: Let we also say, Mr. Mayor, I have been meeting for a couple
of months now with a group of concerned citizens from the Grove, with people
from Public Works, Planning Department and the police. In fact, the Chief has
been to all of our meetings and we are coming up with an idea of a pedestrian
mall, and perhaps regulating the pushcarts to that specific area. It is too
premature to talk about it, but in the next couple of weeks, we will hold a
meeting with the final design and then I am sure they will come before this
Commission for approval.
Mr. Stahlt May I...
Mayor Suarez: Let's get a statement from the gentlemen, Ted, so we can all...
Mr. Jahad Rasheed: Jahad Rasheed, I am representing the Coconut Grove Street
Merchants Association. I am here pursuant to the meeting that we had
approximately last November, and just to clarify some things, we have to
separate the issue. There is a general ordinance, and I know some general
applications apply, but as Ted said, we are dealing with Coconut Grove as it
relates to the SP-1, as far as reference. The problem was, as has been stated
here in this meeting about unsightliness and other problems with the merchants
in Coconut Grove and the civic organizations in Coconut Grove. You, your
honor, asked me and these others that were concerned, to get together and work
on an acceptable program. The issue that we have before, only concerns what
we propose to do in Coconut Grove. We have come to terms, and we've comprised
and worked with the various departments of the City, including the Law
Department, to make sure that hopefully, it will fly once we brought it to
this body. We have come up with that. The only issue now is the application
of insurance, which...
Mayor Suarez: We gather that, and it is music to my ears to hear that we all
agree on all that except for the insurance, so let's just set the level of
insurance. If any Commissioner or the department, or the vendors, or anyone
wants to come up with a more complex, or more intricate scheme, or one that
regulates more, it is always time for that. I personally would probably
oppose it, but there maybe a point in which in Miami, we would have to go to a
more regulatory scheme that even involve the lotteries and so on, and God
knows, if this doesn't work...
Mr. Plummer: Mr. Mayor, let me just state for the record, if I may, doing
some very fast calculations, if each vendor, based on what I am using your
number of 200 vendors in the City of Miami, returned a revenue to this City of
$20 a day, based on a yearly income, this City would derive $1,460,000 a year.
Now, if that is not worth...
Mayor Suarez: That's... what you are saying is, you are taking their profit
margin, though.
Mr. Plummer: Not necessarilyl
Mr. Chavez: Yes, in other words, you'd be...
Mayor Suarez: $20 a day, and some days it is all they make, and then some.
Mr. Chavez: You would be receiving about close to $500 in total, because you
would make a lot of the vendors go out of business if you did something like
that.
Mayor Suarez: His math is right, assuming that everybody would be able...
Mr. Plummer: Oh, I'm basing it on...
Mr. Chavez: Yes, the math is right, but the concept is wrong.
108 October 27, 1988
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Mayor Suarez: Anything further on the issues before us, please.
Mr. Rasheed: Teo, Commissioner. Before we were talking about lotteries and
insurnace. Again, it is two different issues. One important fact in
considering the insurance, and further regulation of the vendors in Coconut
Grove is experience. Rxperience has indicated, even with the regulations as
lax as they are, there has not been a problem of fighting over spaces. Even
the recent restrictions, putting all the vendors on Commodore Plaza, and a fev
near the Playhouse, there has not been a problem. I've talked to some
Insurance consultants, insurance is derived based on the experience. The City
Attorney was quoted in yesterday's paper that in the seven years he has been
here, there has not been any incidents with a vendor, so we could leave it
with the actuaries. I'm open. Our best interest is in the Grove and
regulating that. I want to get off the two tracks. We are running on two
tracks, the general vending ordinance, that includes food vendors downtown and
all the rest of Miami and Coconut Grove. I am here on behalf of the Grove
vendors in cooperation with the merchants and the civic members, and if we
could just deal with each of those separately, I think we can reach a
favorable conclusion speedily.
Mayor Suarez: OK, thank you. Anything further?
Mr. Chavez: OK, since it is a Citywide ordinance that is being looked at, some
of these vendors, we suggest that we form them together, because we were not
Invited to some of the meetings, I understand. I personally did not receive a
letter inviting us.
Mayor Suarez: Well, the whole issue came up because of the Grove...
Mr. Stahl: I'm sorry, sir, you were invited.
Mayor Suarez: Oh, please, please, Tedl
Mr. Chavez: That is what I am saying, I personally, I was informed, and some
of us did not receive it.
Mayor Suarez: Sir, let me handle the meetings, please. Whatever the process
was that got us to this point, if everybody agrees on this ordinance, subject
to further modifications, the Commission can always make, whether they have to
do with the mall, whether they have to do with extracting some sort of
percentage, whether they have to do with licensing a limited number, some day
we may get to that, but if we are in agreement as to most of this ordinance,
except for the insurance limitations, let's get to that point and resolve it
and move on, please. The Planning Department, let me warn everyone, and that
really includes the Commission, I think we are all aware of this, this has
taken a lot of their time and if we regulate it any more, it would take even
more of their time, let alone Public Works and other departments and we are
just not in a position to do that. We are going to end up like the taxicab
ordinances of the County, and God help us if we end up doing it. Wait,
wait, you've had your turn. Now, Commissioner De Yurre.
Mr. De Yurre: If there is an accord between the vendors and the store owners,
or store operators in the Grove, is that agreement, does that include what the
City is going to get in return?
Mr. Stahl: No, sir.
Mr. De Turre: So that is something that for some reason, was not covered, how
much the City is going to get in return. We talk about tables being out there
on the sidewalk, but yet, what those tables generate, we get through taxes.
Mr. Plummer: Not, they pay a square footage.
Mr. De Yurre: Tea, but I am talking about sales tax and things of that
nature, so I think that...
Mr. Plummer: But they are also paying ad valorem.
Mr. De Turre: Aside from that, and then we get a percentage, we get some
Income from that use. I think it is only fair that the City receive some, and
I am not here to state how much I think it should be, but certainly something
should be returned to the City. We yave to maintain those sidewalks, and all
W dr
the costs that go with that area that is going to be used, to you know, I
think that if we can may that for the insurance and the remunerst ion to the
City, those are issues that need to be determined, I have no problem going
ahead at this point in time with what has been agreed to, but I think that.
those are issues that need to be addressed and you know, certainly, you know,
we want to work with them, but you know, something has to be paid to the City.
Mr, Rasheed: Commissioners, Mayor, may I respond to you, Commissioner?
Mr. De Turre: Certainly.
Mr. Ramheed: One of the aspects of the Grove, due to its particular historic
nature and its value to tourism in Miami, the idea with the Grove Merchants
was to enhance tourism, create color, ambience, lights and security. Most of
the vendors, they act more or less as tour guides. They act as the
personality and the character in the Grove, and that's the give back at this
juncture for the City. That still would not preclude from a later time for
this body to consider some type of assessment for us to give back, but the
mature of this meeting, us on being on the agenda with an emergency meeting,
for our immediate concerns, but get us out of there, and get the log jam off
of Commodore Plaza and put in effect some standards. That would not preclude
us in the future, if we saw fit, if the Commission saw fit to assess us, but
at this time, we are trying to give back to the City, we are trying to
cooperate with the various components, the civic and the business community,
and they are quite satisfied with what we have to offer as Coconut Grove
vendors. I would suggest to the other vendors, I am willing to work with
them, and meet with them and any areas that might overlap, and have general
application to deal with at a later time, but this particular ordinance only
applies to the Grove right now, in emergency meeting. Any other else is
not...
Mr. De Yurre: Then you are in agreement with what I am saying, that you know,
we can approve that right now as it is, subject to then making the amendment
as far as coming to an agreement as far as insurance and what the City is
going to get back.
Mr. Chavez: OK.
Mr. Rasheed: OK, can we do that, pending? I understand the insurance is
going until September 189 anyway.
Mr. De Yurre: Well over the next two, three weeks, for the November meeting
we can bring it back up and make a determination on that.
Mayor Suarez: 1 thought we are going to reach a final agreement on the issue
of the insurance limitations, so that we can build it into the ordinance and
get an ordinance that works. Now, if you are going to try to extract or exact
some money from them for the operation, I think that has to be brought back.
Mr. Rodriguez: May I add something on the insurance? My understanding is
that because we already have given the occupational license for this year,
that the insurance provision would not be applicable until October 1st of
1989.
Mr. Plummer: So we have no vendors then, until November 1, 1989. Hey look,
you know I sit up here as a City Commissioner and I am tired of whipping out
this checkbook to pay for awards the jury is giving against the City. Now, I
think that this City should be protected, that is all I am asking. And if you
are sitting here telling me that you want to continue without liability
insurance, then I am going to tell you to whip out your checkbook. This City
Is entitled to be protected from liability suits and you have the potential
of a liability. It maybe hasn't happened. God bless them, and maybe won't
happen, but I am tired of writing checks up here for $1,000,000, and I want
this City protected.
Mr. Rodriguez: I think you have a very good point now. I think what I am
raising is something that maybe should be addressed by Jorge, because I think
It is a legal issue.
Mr. Plummer: Well. whoever addresses it, I want
other issue, I agree with Commissioner De Yurre, or
address that. I think the City is entitled to it
here is not, but I want this City protected.
this City protected. The
he agrees with me, we can
Maybe the Consensus up
110
October 27, 1988
V 9
Mr. Stahl: Mr. Plummer, the...
Mr. Plummer: Excuse me, what do we demand right now of the sidewalk cafes?
What amount of insurance do they have to give to the City?
Mr. Chavez: $1,000,000.
Mr. Rodriguez: I believe it is $1,000,000.
Mr. Plummer: Why would we do any less? The experience with sidewalk cafes,
we have not had a bit of, to my knowledge, we have not had a lawsuit.
Mr. De Yurre: Let's get down to dollars and cents. How much does it cost to
Issue that policy?
Mr. Plummer: Based on experience, as that man said.
Mr. Stahl: The vendors are willing to pay the insurance now.
Mr. Rasheed: $500 per year.
Mr. De Yurre: $500? That is what...
Mr. Rasheed: $500 per year.
Mr. Plummer: A little over $1.00 a day. Excuse me, that must be...
Mr. Rasheed: Yes, the Coconut Grove vendors are endorsing the insurance. We
are not opposing insurance. I just want it reasonable and equitable. If a
$1,000,000 is required, fine. Maybe $10,000,000 is required, maybe it is
$500,000.
Mr. Plummer: You can't buy.
Mr. Rasheed: Fine, but the thing is, as long it is not gut reaction, or
shooting from the hip, just say $1,000,000 out of the air. We are not opposed
to cooperating fully.
Mr. Plummer: I based it on whatever the City requires everywhere else.
Mr. Rasheed: We are immediately ready to go enforce our insurance. I spoke
to a representative today. He specializes in art fairs and vendor type
insurance, OK?
Mr. Plummer: Well, I am sure there must be a difference based on what you are
selling, OK?
Mayor Suarez: We were trying to figure out, before we got into this
discussion, when it becomes effective as a requirement, let's get that
resolved, and we decide the amount...
Mr. Rasheed: 45 days.
Mr. Fernandez: Our opinion what entitled the vendor to vend in the public
tight -of -way right now is obtaining an occupational license. When he gets...
Mayor Suarez: Can we impose the requirement of insurance before we get to the
next fiscal year, or can we not?
Mr. Fernandez: My opinion would be no, because it may raise an argument of
equal protection, because then you would have vendors...
Mayor Suarez: Why are we goin,, to argue then, the rest of the day on the
amount if we can't even do it?
Mr. Fernandez: Well, you can have it in the books now and then as
occupational licenses become due...
Mr. Plummer: More than a year from today.
Mayor Suarez: OK, and it is...
ill
October 27, 1988
d
Mr. Fernandez: That is not to say that they...
Mayor Suarez: You are saying that $1,000,000 is acceptable to your group, and
they are saying, I guess, $1,000,000 is excessive from there...
Mr. Chavez: No, it is not.
Unidentified Speaker: $300,000 is acceptable.
Mayor Suarez: But it is not a matter of what you accept or not, it's...
Mr. Chavez: Mayor Suarez, I Mould suggest._.
Mayor Suarez: You would go for $500,0007
Mr. Plummer: Mr. Mayor, it is not up to me, and it is mot my estimate. If
these people are willing to pay it...
Mr. Fernandez: Yes.
Mr. Plummer: And they feel that's it fair, why should we not be uniform
across the board?
Mayor Suarez: Keep in mind that you won't be having to comply with it until
November 1, 1989 anyhow, so...
Mr. Plummer: Mr. Mayor, then no amount is acceptable to me.
Unidentified Speaker: Yes, but you're talking about ten vendors Citywide.
Mayor Suarez: The requirements are mot going to be different.
Mr. Plummer: Mr. Mayor, if they do not provide liability, no amount, no
ordinance approval for me, period. I am first and foremost going to protect
this City.
Mayor Suarez: And you are saying that for your vote, it will have to be
$1,000,000.
Mr. Plummer: No sir, I didn't say that.
Mayor Suarez: $500,0007
Mr. Plummer: Hey, I am saying that it has got to be effective tomorrow, in 30
days, when this ordinance becomes effective.
Mr. Fernandez: Tomorrow.
Mayor Suarez: We can make effective. Vhether we can...
Mr. Chavez: Mayor Suarez...
Mr. Fernandez: I'm just giving you my best legal advice. That doesn't mean
that it has got to be mandatorily observed. In this sense, it is a word of
caution. I am not predicting, or assuring you that there would be any problem
in this area. There is one area of concern, and that In even application
throughout the City to make sure that this is enforced.
Mr. Plummer: Without question.
Mayor Suarez: I suggest we make it $500,000, applicable inmediately. Anyone
that does not comply, unless we figure out an enforcement mechanism, I can
guarantee you that this Commission will figure out a way to keep you from
selling anything in the streets of Miami, if not now, in the future.
Mr. Plummer: I'll split the difference with you, 6750,000.
Mr. De Yurre: Well, I'll tell you what, I got no problem with the $1,00,000,
because I bet you the difference between the $500,000 and the $1,000,000 is
about $100 a year, so I'd stick with the $1,000,000.
Mr. Stahl: Be the same.
Mr. Plummer: It's peanuts.
Mayor Suarez: Try $750,000 to have agreement among the Commissioners, because
I would like to go to $500,000.
Mr. Plummer: I'll go to $750,000.
Mayor Suarez: OK, why don't you build that in to forgo of a motion on the
ordinance?
Mr. Plummer: That's fine with me, I'll go to $750,000. $750,000 should
bring it closer to $1.00 a day. Did you get a quote on $750,0007
Mr. Raaheed: I can get a quote on $750,000.
Mayor Suarez: It gill be less than whatever you have to pay for $1,000,000,
that's for sure...
Mr. Plummer: It's a dollar a day, I am sure.
Mayor Suarez: and I want to may that Vice Mayor Kennedy and I know some of the
other Commissioners have worked awfully hard to try to get us to the point
that we are, Planning Department, and so on, and we ought to defer to their
judgment on this, to some extent and get this over with.
Mr. Plummer: All right Mr. Mayor, I'd like to step out of line. I want to
make a motion now to be assured that it will be if I vote on this other
motion. I make a motion at this time that the Administration be instructed to
come back with recommendations to this Commission that would provide as all
others who use public right-of-way facilities, that there would be a
compensation or revenue return to this City. I am not inserting any numbers,
I am not inserting, I am giving you the full latitude to come back and
recommend to this Commission what you feel is fair, adequate and equitable
across the board, and I so move.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. Commissioner De Yurre, did you
understand the motion?
Mr. De Yurre: No.
Mayor Suarez: It is following your own thinking on this, I believe.
Mr. Plummer: What I am asking in a motion is to instruct the Administration
to go and come back to this Commission with a recommendation as to what is
fair in the way of compensation, return revenues to this City for the use of
public right-of-ways that is fair and equitable across the board. I'm asking
that in the form of a motion prior to my voting on this to make sure that it
will be done.
Mayor Suarez: So moved and seconded Any discussion? Call the roll on that.
Mr. Rasheed: Discussion on this?
Mayor Suarez: No, no, this is it will come back to the Commission.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-978
A MOTION INSTRUCTING THE ADMINISTRATION TO STUDY THE
ISSUE OF VENDORS USING PUBLIC RIGHTS -OF -WAY AND COME
BACK WITH A RECOMMENDATION FOR A FAIR AND EQUITABLE
COMPENSATION OR RETURN REVENUE TO THIS CITY FOR SAID
USE.
113 October 27, 1988
i
0 dr
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner victor De Turre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I am going to vote yes, because I gather...
Mr. Plummer: You can always vote no 1&ter.
Mayor Suarez:... that we are going to get it back, right, and I can always
vote no, afterwards.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: OK, on the principal motion, are you moving the ordinance with
the modifications?
Mr. Plummer: Let me just ask one quick question.
Mr. Chavez: I have a suggestion, Mayor Suarez.
Mr. Plummer: A quick question on the principal motion. I am concerned about
the distance requirements between vendors, not necessarily from businesses or
from schools. Are you telling me this motion which pertains only to Coconut
Grove, will have only ten locations as designated on the map, which is the
exhibit?
Mr. Rodriguez: Yes, sir.
Mr. Plummer: Right, the only other area that I've got, and I've still got a
problem, is how are we going to may, Mr. ABC has this, Mr. XYZ has that? And
I am very, very concerned of doing it on a basis of first come, first serve.
Is it written into this ordinance that it can... one company, or one vendor
can only have one location? Is that written into it?
Mr. Rasheed: Yes, sir, Mr. Commissioner. That's one of the provisions, first
come, first serve basis.
Mr. Plummer: Right.
Mr. Rasheed: And providing that...
Mr. Plummer: The only problem I have is some orderly fashion in how these
spaces are going to be used, that's the only... I don't like your idea of
first come first serve.
Mrs. Kennedy: I have problems with that too. It is like giving the Federal
block grant monies array.
Mr. Plummer: Give me a better way of doing it and I'll move the motion.
Mrs. Kennedy: How can you be fair?
Mr. Rasheed: OK, let me elaborate. We worked extensively with the Law
Department and the Planning Department and just to make sure that we would get
beyond this, is that right now based on experience, even with the lax
regulation you do not have a clamoring for the limited spots. Raising the
standards, requiring a standardized pushcart, which is going to cost close to
$3,000 is going to eliminate a lot of people. The ten spots seems more than
adequate based on the last five years of vendors in the Grove.
Mr. Plummer: Yes, but let as tell you what the problem is. There are spots
that are more choice than the others and everybody is going to want that spot
up near Main Highway, and you know there is more revenue on some spots than
others.
114 October 27, 1988
9 a
Mr. Rasheed: Well, most of the spots are on Main Highway, and we have been out.
there for a while and we are going to have other vendors speak to this. Also,
the fact that there is no clamoring, it is not a problem.
Mr. Plummer: Whoa, whoa, since we are coming back with this other, I am
willing to try it. We might have three or four people shot, but I am willing
to try it. It is not a conflict, because I am in the funeral business, but. I
am going to go ahead and may all right. All right, so I will...
Mrs. Kennedy: Then we need to raise the liability insurance.
Mr. Plummer: Teo, but that pays for the funeral lady, be careful) I will go
along with it, first come, first serve. When they come back to us in less
than 60 days, if that is not working out, then I want you to come with a
recommendation that is more orderly than what is proposed in this, because I
think it is going to be a problem, but I am willing to have a try.
Mr. Stahl: Mr. Plummer and Commissioners, may I insert one thing that's very
important before you approve or disapprove this ordinance. To the City
Attorney, on page 6, this is very important, this is why we all agreed to
this. On page 6 is the requirements about the construction of the cart. Item
"d," it says, spoked, open wheel@ are preferred. It was the agreement by all
organizations and the Merchants Association and the Vendors Association, a
very important fact that this wheel would be wood, not a bicycle wheel, no
bicycle wheel. It is very important for the appearance of this cart, which we
feel falls in with the appearance of our Grove atmosphere.
Mayor Suarez: Is that built into the ordinance adequately, from your
perspective?
Mr. Plummer: Nineteen years ago, Ted Stahl, when I went on this Commission,
the first item I handled was the wood shingles on Grove Gate Shopping Center.
How history recycles itself)
Mr. Rodriguez: I understand everybody agrees.
Mr. Stahl: You were still in high school. We would like the carts to look
like the ones at Bayside, they have wooden wheels.
Mr. Chavez: We have a problem with that, because since this ordinance is
Citywide no matter what, and if it states that...
Mr. Fernandez: No, no, the carts only apply to Coconut Grove.
Mr. Chavez: The Code only applies to Coconut Grove.
Mrs. Kennedy: Coconut Grove.
Mr. Plummer: This we are talking to today is Coconut Grove. We are going to
talk to the rest.
Mr. Fernandez: In three regards, we are talking Citywide.
Mayor Suarez: OK, thank you for pointing that out. That way if any of the
ones that were not involved in the process that we are hopefully trying to
complete here, and we want to move into the Coconut Grove area for whatever
reasons, they'll know that they will have to comply with that. Do you have it
In the form of a motion now with the provisos that you mentioned previously?
Mr. Plummer: No ■ir, I have no problem.
Mr. Fernandez: The only proviso is the $750,000 you put in.
Mayor Suarez: Well, and that it would be immediately applicable.
Mr. Plummer: We've reduced it, if anything.
Mr. Chavez: There is one more problem that we food vendors have with that
suggestion, since we, the food vendors were not informed. Whatever, maybe our
letter got lost somewhere or another, but we were not included in making this
out, and excluding food vendors from the Coconut Grove area, I think that free
115 October 27, 1988
a Ar
enterprise shows that since there are other kind of vendors, there are also
other kinds of stores in Coconut Grove which sell clothes, glasses, and then
the clothes and glass vendors will be allowed to Bell, but that the food
vendors will not, and we are in total disagreement with that. We suggest
that...
Mayor Suarez: With what, sir?
Mr. Stahl! That's not the issue.
Mr. Chavez: With the part about food vendors not being allowed to be in
Coconut Grove. I think it is very arbitrary and totally against free
enterprise.
Mayor Suarez: That's built into the ordinance also?
Mr. Chavez: Yes, it is.
Mr. Rodrigues: It is built into the ordinance that we don't have food vendors
In the Grove area, but only certain things could be sold because of the
character of the Grove.
Mayor Suarez: I presume the Commission has authority, Mr. City Attorney, to
preclude whoever we want from whatever area we want?
Mr. Fernandez: Yes.
Mayor Suarez: We note your objections, but we are very far along in this
process and I don't know if you have noticed that you are having a tough time
getting a consensus to even have any vendors at all, so you know, you get
whatever you can.
Mr. Plummer: OK, let me understand one final thing and then I will shut up, I
hope. Mr. City Attorney, as this motion is being presented today, when does
the insurance take effect, at the effectiveness of the ordinance date, which
is in 30 days? Oh no, it is today, it's an emergency ordinance.
Mr. Fernandez: That's right.
Mr. Plummer: It would take effectiveness today. Well, you can't do that to
them, they can't get insurance overnight!
Ms. Hirai: Excuse me, it takes effect upon publication, Mr. Plummer.
Mr. Plummer: I'm sorry?
Ms. Hirai: The emergency ordinances are effective upon publication, upon
being published, which is not exactly today.
Mr. Plummer: When is it going to be published?
Ms. Hirai: Two, three days.
Mr. Plummer: How much?
Ms. Hirai: Whichever... two, three days.
Mr. Plummer: Yes, but we've got to give them seven days to get insurance. If
not, those insurance companies are going to hold them up like crazy.
Mr. Rasheed: We've got 45 days to get the carts. Why don't we get 45 days
for the insurance to go with the carts?
Mr. Plummer: No, because you got a cart there today. Mr. Manager, why can't
we cover them under the umbrella of the City insurance? What is it, $12 a
day, $18 a day, what is it? - that they just pay it to the City. I mean, is
that possible? Then you will be covered.
Mr. Rasheed: The premiums, yes, sure.
Mr. Fernandez: The operative day could be different from the effective date,
so you could have an effective data for this ordinance upon it being
published, like...
116 October 27, 1986
a
0 a
Mr. Plummer: But to get a binder, they can get over night. What's fair,
seven days?
Mrs. Kennedy: Seven days?
Mr. Fernandez: Seven days would be fine.
Mrs. Kennedy: Seven days.
Mr. Plummer: You can get a binder overnight. You don't get your policy for a
month, but you get a binder.
Mr. Stahl: All right, may we still address the City Attorney on one more item
here - two more items. Again, we agreed, this group, that item number "h"...
Mrs. Kennedy: What page, Ted?
Mr. Stahl: It is still on page six, item "h." It reads, pushcarts should be
built of durable materials that are easy to keep clean, and are appropriate to
exterior use. We agreed that this Mould be built of wood, a durable wood,
such as oak. May we continue to have that written into this ordinance that
these carts be built of wood? - not fiberglass, not painted soap board.
Mrs. Kennedy: Be there early. It's first come, first serve,
Mr. Stahl: We have agreed upon this. We want to know if the City Attorney
will agree with us. This is for pushcarts in the Grove only.
Mr. Fernandez: And you are saying that the language of "h" is not specific
enough for you?
Mr. Stahl: We want pushcarts to be made a durable wood.
Mr. Rodriguez: So what you are suggesting is that on item "h" would read,
durable wood pushcart, shall be built of durable material that are easy to
keep clean and so on. That's what you are saying?
Mr. Stahl: Yes, sir.
Mr. Fernandez: I have no problems with that.
Mr. Plummer: Do I hear that the only prohibition of this ordinance today is a
prohibition against food vending?
Mr. Rasheed: And service people.
Mr. Plummer: Is that the only prohibition?
Mr. Stahl: And service.
Mr. Plummer: And what?
Mr. Stahl: Service people.
Mr. Plt—er: What are service people?
Mr. Rasheed: Shoe shine, fortune telling.
Mr. Fernandez: Back rubbers.
Mr. Plummer: Who?
Mr. Rasheed: Fortune telling.
Mr. Fernandez: Massages.
Mrs. Kennedy: About the masseuse who is on...
Mr. Stahl: He's OK, he is on private property.
Mr. Fernandez: Soothsayers.
117 October 27, 1988
0 9
Mr. Plummer: So in other words, according to Ted Stahl, if I provide wooden
caskets, I can operate a funeral home on the sidewalk tomorrow.
Mr. Stahl: If you want to, go oheadl
Mayor Suarez: As long as you keep moving.
Mr. Stahl: And the last item that we would like consideration, is item "k,"
Joe Maxwell agreed that the word canopy, or roof, that the roof be removed.
We could and up with a shingle roof on these.
Mayor Suarez: Canopy sounds like the general idea.
Mr. Stahl: Just plain canopy, and remove the word, roof.
Mayor Suarez: OK, we accept...
Mr. Stahl: And an item of importance that was not addressed was the lighting
of these carts will be done by battery operated lights, no open flames.
Mayor Suarez: Oh, I don't think that we ought to get into that, not at all.
In fact, whatever our Code provide in regards to that is just what we should
apply. I don't...
Mr. Stahl: It does not provide in this.
Mayor Suarez: I think if you look around enough in the City Code, you will
probably find something that prohibits open flames in these...
Mr. Stahl: All right, for the last five years they have had kerosene lamps on
their tables out there, and nothing has been done about it. It's against the
lawl
Mayor Suarez: Kerosene lamps? Your problem is kerosene lamps?
Mr. Stahl: Kerosene lamps and the butane pump lamps.
Mr. Rasheed: We are advised by the Law Department that there is a prohibition
already. It is a question of enforcement, not legislation.
Mayor Suare:_: Well, we don't want to build too many things that make it even
harder to enforce.
Mr. Plummer: Well, there is something in our ordinance about open flame.
Mr. Fernandez: It is a prohibition against it.
Mr. Stahl: It is there, but it is not enforced. That's all.
Mayor Suarez: I didn't frankly think it would apply to kerosene lamps, would
it?
Mr. Plummer: It is an open flamel
Mr. Stahl: Yes, sir.
Mr. Chavez: I'd like to make a suggestion on the insurance, if Mr. Plummer
will agree with it. Since we have decided it will be $750,000, I would like
it to go written as per entity and blanket coverage for those that have the
ownership of more than one or two carts, or if there was an entity...
Mr. Plummer: What happens if they own...
Mr. Chavez: ... that they would be covered. For those single, we keep of
single people that have one cart, if there was an association under one
} coverage, they could go ahead and get even more coverage, up to 62,000,000, or
41,000,000.
:
Mr. Plummer: But not at $750,000, no. What happens if a man owns three carts
_f and he has a claim against all three individually?
1
lie October 27, 1988
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Mr. Chavez: What I am suggesting is, it would cover... there would be, there
Is an association being made right now for the cart vendors...
Mr. Plummer: Fine, if they want to take Out...
Mr. Chavez: . which would have more insurance coverage then what you are
requiring and it would blanket many of the single cart owners, or single
business owners and help them out with a fee type.
Mr. Plummer: As long as the umbrella above the $750,000 is adequate, I have
no problem, but right now, we don't know what that is, and I would apply the
$750,000.
Mr. Stahl: If those changes are made, we approve, and we appreciate and first
we would like to thank very much the Law Department of the City of Miami, and
Mr. Joel Maxwell, who has worked very hard with us and the Planning
Department, Maggie Cordovi, and we feel that what you have on paper now, if it
In enforced, we will all be able to live with this.
Mrs. Kennedy: OK, like the Mayor said, we have gone from nothing to something
that is workable and it is positive step to keep the flavor of the Grove, but
also supports the merchants who pay taxes, who invest money in the Grove, and
who are the life blood of the Grove. Ted Stahl Day, and I so move.
Mayor Suarez: Moved.
Mr. Plummer: Fine. Second.
Mayor Suarez: Read the ordinance. Call the toll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, CHAPTER 39, ARTICLE II,
ENTITLED "SIDEWALK AND STREET VENDORS," BY REQUIRING
LIABILITY INSURANCE AND INDEMNIFICATION; PROVIDING
DEFINITIONS, AMENDING DISTANCE AND TIME LIMITATIONS
RELATIVE TO VENDORS AND SCHOOLS; FURTHER, ESTABLISHING
A NEW "COCONUT GROVE SPECIAL VENDING DISTRICT" FOR THE
AREA GENERALLY KNOWN AS THE COCONUT GROVE VILLAGE
CENTER (MORE PARTICULARLY DESCRIBED HEREIN); ADDING A
NEW SECTION 39-17.1 ENTITLED "LIMITATIONS WITHIN THE
COCONUT GROVE SPECIAL VENDING DISTRICT"; RESTRICTING
NUMBER OF VENDOR CARTS AND ESTABLISHING PUSHCART
DESIGN CRITERIA AND REVIEW; ESTABLISHING SPECIFIC
VENDING ZONES; PROVIDING LIMITATIONS; PROVIDING A
GRACE PERIOD; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Was introduced by Vice Mayor Kennedy and seconded by Commissioner
Plummer, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Whereupon the Commission on motion of Vice Mayor Kennedy and seconded by
Commissioner Plummer, adopted said ordinance by the following vote:
119 October 27, 1988
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AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10499.
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.
Mr. Rasheed: Thank you.
Mr. Stahl: Thank you.
Mayor Suarez: I'm glad we got some compliments out of Mr. Stahl today. I'm
happy to see towards the end of your presentation, you kind of slipped it in,
you know, like...
42. BRIEF DISCUSSION REGARDING NEWSRACKS IN CITY SIDEWALKS.
Mr. Plummer: Can I ask, while Mr. Stahl is here, what has been done in
reference to the newspaper racks?
Mr. Ted Stahl: I didn't want to bring it up, I'm glad you didt
Mr. Plummer: No, I did.
Mr. Rodriguez: In relation to newspaper racks...
Mr. Plummer: One of the companies we don't have to worry about now.
Mr. Rodriguez: One of the what?
Mr. Plumw,�.: Half the racks are gone as of December 31st.
Mr. Rodriguez: The one that was attached to one of the trees was removed.
There was another complaint in front of the Ransom Everglades School, also was
removed. We have some opinions that we are waiting for the Law Department
because of the legality of certain of them being removed.
Mr. Plummer: And what about the advertising on the racks other than
Identification?
Mr. Rodriguez: That's where we are at this point.
Mr. Plummer: And when do we expect a report back?
Mr. Fernandez: Shortly.
Mr. Plummer: No, no, shortly can be a year and one-half.
Mr. Stahl: What we were asking was when was the decision...
Mr. Plummer: I would like a report back in 30 days.
kMr. Fernandez: You will get it and also...
Mr. Plummer: That's fine.
Mr. Fernandez: ... we are doing the from the City Attorney's office, is that
we are putting together again a task force, if you want to call it that, of
not only City people, but also citizens and the vendors themselves, to try to
come up with an ordinance that would be when presented to you, acceptable to
most everyone like we have done today with this vending ordinance.
120 October 27, 1988
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Nr. rlummer: They are called vigilantes.
Mr. Stahl: And my question to the City Manager, did you say the one in front
of Ransom -Everglades School has been removed, or unchained?
Mr. Rodriguez: There was a chain and we were negotiating with the people from
The Miami Neva and they told us that they would remove the rack itself.
Mr. Stahl: Well, the rack is still there.
Mr. Rodriguez: Teo, well, we have removed... well, the City, 25 chains that
we, you know, machines that were chained. We are doing what we can. It
doesn't...
Mr. Stahl: I understand that, but since that has been done, we called Mr.
Maxwell at the Public Works and your chains are reappearing on our trees.
We've got three on Commodore Plaza that are now rachained and one of...
Mr. Plummer: Let's get our report back in 30 days.
Mr. Rodriguez: We'll send somebody there again tomorrow.
Mayor Suarez: Bye bye.
43. BRIEF DISCUSSION AND WITHDRAWAL OF PROPOSED EMERGENCY ORDINANCE:
CREATION OF OVERTOWN LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT.
Mayor Suarez: Ma'am.
Ms. Ann Marie Adker: I'm Ann Marie Adker, 407 NW 5th Street. I was here this
morning and came back after 2:00...
Mayor Suarez: Before you tell us anything else, tell me what item you are
here on, Ann Marie.
Ms. Adker: In order to hear item 12 on your agenda.
Mayor Suarez: It was withdrawn by the Administration, let's find out why.
Ms. Adker: Well...
Mayor Suarez: Wait a minute, Ann Marie, let's find out why. Why was it
withdrawn by the Administration? - because it may be a little bit more
technical, the explanation than I can give.
_ Mr. Rodriguez: The deadline for submission of the item was October 27th and
we thought that maybe... October 26th, which was yesterday. We thought that
maybe by putting this as an emergency item and telling them, they might be
able to accept the application some time. They told that it wouldn't make any
difference, it will be too late, because there were too many people ahead of
us already. In addition to that, there was not good communication among the
different groups in Overtown and Liberty City advising each other of the
application and what was involved, so what we suggested was rather than
bringing it here today as an emergency item, that we go into the next window
of application which is in March and between now and that time, we will meet
with the different groups that might be affected by this and it will be
properly advised of the implications of the application.
Mayor Suarez: Are we losing the opportunity of getting certain funds by doing
that?
Mr. Rodriguez: What we find now was that we lost it because it was too late
anyhov, to apply. The application closed on the 26th. There is another
application in !larch that we are applying for. This was done at the
request...
121 October 27, 1988
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Mayor Suarez: Which happens to be right in the middle of the State
legislative session.
Mr. Rodriguez: Might be.
Mayor Suarez: Or we can go Tallahassee and put a little extra pressure, Ann
Marie.
Ms. Adker: My problem is, why wasn't this announcement made this morning? I
wouldn't have had to spend money to come back down here.
Mayor Suarez: That's a good question. I heard about it yesterday, I think,
from the Acting City Manager.
Mr. Plummer: I beard it this morning when I got the memo.
Me. Adker: Well, the announcement wasn't made.
Mayor Suarez: I guess we were trying to make the deadline and we are sorry we
didn't advise you. If we had known what item you were here for, we would have
been able to let you know.
Mr. Plummer: Annie, we just love your presence here.
Mayor Suarez: Sergio says he will pay your taxi back and forth.
Ms. Adker: Bus fare? Good. I'll send a bill.
Mrs. Kennedy: You know, Mr. Mayor, the County has a process that they have a
board and they post the items that have been pulled out of the agenda.
Mayor Suarez: We've asked about that and I don't know if the Manager's office
ever came back.
Mrs. Kennedy: We should have the same here so that the public is informed.
Mayor Suarez: Some electronic board that would announce to people what items
we are on, what items are pending.
Mr. Plummer: It's like in Hialeah, what horses have been scratched. I think
it would be a damn good idea to post it out in the lobby.
Mr. Rodriguez: I think we can post something outside, so we will do that.
44. DEFER PROPOSED REQUIREMENT FOR FUTURE LEASES OF CITY -OWNED PROPERTY TO
PRIVATE CLUBS TO COMPLY WITH AFFIRMATIVE ACTION.
Mayor Suarez: Item 14.
Mr. Fernandez: Yes. This is the second reading of an ordinance. Between
first and second reading today, there's only been one change made and that's
the addition of subsection "b" of section 1, which basically inserts in all
those future lease agreements the provision of the minority procurement that
must be incorporated in all of these leases.
Mrs. Kennedy: This was Commissioner Dawkins' item. I move it.
Mr. Plummer: Second.
{ Mayor Suarez: Moved, seconded. Any discussion? Anyone here from the general
public wish to be heard on this item?
Mr. Plummer: Let we just make sure, that I demanded at the last meeting that
I see some proof that you did notify all of the clubs that were involved. Do
you have some proof?
i
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Ms. Adriene Macbeth: Mr. Commissioner, I understand that Commissioner
Dawkins' office handled that.
122 October 27, 1988
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Mr. Plummer: I'm sorry?
Me. Macbeth: Mr. Henry Jackson in Commissioner Dawkins' office was handling
that.
Mr. Plummer: No, no, I told the Administration to write each club letting
them know what is being proposed, a letter, so indicating that this would be
heard on second reading today. Nov, may I see some proof that that was done?
Ms. Macbeth: OK, I'll have to check on that, Commissioner.
Mr. Plummer: I would ask this matter be deferred until such time that
somebody shows me copies of letters that they were also notified. I think it
is only fair that the parties involved, all parties should be aware of what is
going on.
Mrs. Kennedy: I was hoping we would have that answer already.
Mr. Plummer: Well, maybe it has been done and I will vote for the motion, but
I just want to assure myself...
Mrs. Kennedy: I have no problems...
Mr. Plummer: ... that everybody has been notified.
Mayor Suarez: We have a motion and a second, read the ordinance. No?
Mr. Rodriguez: The motion was to continue, I believe.
Mrs. Kennedy: The motion is to defer now, and I second his motion to defer.
Mayor Suarez: Move to defer, seconded. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 88-979
A MOTION DEFERRING CONSIDERATION OF AGENDA ITEM NO. 14
(IN CONNECTION WITH PROPOSED REQUIREMENT THAT ANY
FUTURE LEASES OF CITY -OWNED PROPERTY TO PRIVATE CLUBS
CONTAIN PRESCRIBED LANGUAGE WHICH MANDATES ADOPTION
AND IMPLEMENTATION OF AN AFFIRMATIVE ACTION PLAN)
UNTIL THE COMMISSION IS PRESENTED WITH PROOF THAT
LETTERS WERE SENT TO THE AFFECTED CLUBS NOTIFYING THEM
OF SAID ISSUE.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS DURING ROLL CALL:
Mr. Plummer: What is the motion?
Mrs. Kennedy: To defer, your motion to defer, I seconded it.
Mr. Plummer: Why don't you table it until they come back with copies of the
letter? All right, defer it, fine.
Mayor Suarez: The item is tabled.
Mrs. Kennedy: Continued.
123 October 27, 1988
Mayor Suarez: Deferred, tabled again.
as a deferral.
Tabled indefinitely, which is the same
Mr. Plummer: No, no, I am not trying to do anything other than ask for the
proof .
COMMENTS AFTER ROLL CALL:
Mayor Suarez: I had tabled the roll call on this. OK, did you want to defer
finally, is that...?
Mr. Plummer: No, just bring we copies of the letters that they notified the
Individuals involved and I will vote for it immediately.
Mayor Suarez: Well, we took a vote on deferral, but we will obviously take it
back up again when you are satisfied.
Mr. Plummer: That's fine.
45. SECOND READING ORDINANCE: AMEND CODE REGARDING INVESTMENTS OF THE
FIREFIGHTERS AND POLICE OFFICERS RETIREMENT TRUST FUND.
Mayor Suarez: Item 15.
Mr. Plummer: I move item 15.
Mayor Suarez: Moved, seconded, any discussion? Read the ordinance. Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 40-204(C) OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ADD AND
REMOVE CERTAIN PROVISIONS DEALING WITH AUTHORIZED
INVESTMENTS AND GUIDELINES FOR INVESTMENT OF THE CITY
OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT
TRUST FUND; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 8, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10500.
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.
124 October 27, 1900
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46. SECOND READING ORDINANCE: LOCAL IMPROVEMENT ,ASSESSMENT LIENS shall
apply to the sale of all municipal liens.
Mayor Suaraz: Item 16.
Mr. Plummer: Item 16?
Mrs. Kennedy: This is second reading.
Mr. Plummer: Oh, I move it.
Mayor Suarez: This is an ordinance on delinquent local improvement assessment
liens. I guess this has to do with the mechanism.
Mr. Plummer: Mano, what is the budget of the Computer Department, total?
Mr. Rodriguez: Mr. Smith is here.
Mr. Plummer: I move 16.
Mayor Suarez: Moved, do we have a second?
Mr. De Yurre: I second.
Mayor Suarez: Seconded, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 18, ENTITLED "FINANCE",
ARTICLE III, SALE OF CERTIFICATES FOR DELINQUENT LOCAL
IMPROVEMENT ASSESSMENT LIENS, SECTION 18-34, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO
PROVIDE THAT THE PRACTICE AND PROCUREMENT PERTAINING
TO THE SALE OF LOCAL IMPROVEMENT ASSESSMENT LIENS
SHALL APPLY TO THE SALE OF ALL MUNICIPAL LIENS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of September 8, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10501.
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.
a,
125 October 27, 1940
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47. SECOND READING ORDINANCE: COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH YEAR
FUNDS APPROPRIATIONS.
Mayor Suarez: Item 17. Moved.
Mr. Plummer: Second.
Mayor Suarez: Community Block Grant appropriations. Seconded. Any
discussion? Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Plummer: For the record, let me amend that to read that none of this
money will be disbursed without Commission approval. If we have already
approved it, you can disburse it, but none of this can be disbursed without
Commission approval.
Mr. Castaneda: Let me talk on behalf of Housing, this is really a Housing and
Conservation agency issue.
Mr. Plummer: That's fine.
Mr. Castaneda: OK, basically, you have approved guidelines for both single
family and multifamily rehab, of which they make out loans based on those
guidelines and those loans, to my knowledge, have never come to the City
Commission.
Mr. Plummer: I am saying that this money, it can be spent, but they can give
us a paper saying what it is going for.
Mr. Castaneda: Fine.
Mr. Plummer: All I am asking is accountability.
Mayor Suarez: We were ready to call the roll on this? We have a motion and a
second?
Ms. Hirai: We need to call the roll, Mr. Mayor.
Mayor Suarez: Call the roll.
- Mr. Plummer: As amended.
Mayor Suarez: As amended.
Me. Hirai: Yes, air, as amended.
AN ORDINANCE MUITLED-
AN ORDINANCE AMENDING ORDINANCE NO. 8719, AS AMENDED,
ADOPTED OCTOBER 26, 1977, BY APPROPRIATING FOR THE
IMPLEMENTATION OF AN AMENDED TRUST AND AGENCY FUND
ENTITLED: COMMUNITY DEVELOPMENT BLOCK GRANT TWELFTH
(12) YEAR, THE ADDITIONAL SUM OF $1,625,150 AT PRESENT
=i ALLOCATED AS PROGRAM INCOME REVENUE IN PREVIOUS YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; SAID AMOUNT
TO BE TRANSFERRED FROM SAID REVENUE FUNDS AND
ALLOCATED AS BUDGET FUNDS IN THE TWELFTH (12TH) YEAR
CITYWIDE SINGLE FAMILY HOUSING REHABILITATION PROJECT
TOTALLING $1,022,422 AND CITYWIDE MULTIFAMILY RENTAL
REHABILITATION GRANT LEVERAGING SUBSIDY PROJECT
TOTALLING $602,728 TO BE CARRIED OUT BY THE HOUSING
CONSERVATION AND DEVELOPMENT AGENCY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of September 8, 1988, was
taken up for its second and final reading by title and adoption. On motion of
126 October 27, 1986
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Commissioner De Yurre, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10502.
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.
48. DEPARTMENT OF COMPUTERS APPROPRIATIONS FOR NOVEMBER 1988
Mr. Plummer: Move 18.
Mayor Suarez: Eighteen's been moved. A resolution...
Mr. De Yurre: Second.
Mayor Suarez: Seconded. Call the roll on 18. Any discussion on 18, anyone
wish to be heard on 187 Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-980
A RESOLUTION AUTHORIZING THE EXPENDITURE OF $468,617 FOR
THE MONTH OF NOVEMBER, 1988, BY THE DEPARTMENT OF
COMPUTERS FROM THE CURRENT YEAR'S APPROPRIATION FOR SAID
DEPARTMENT IN ACCORDANCE WITH THE POLICY OF THE CITY
COMMISSION.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
127 October 27, 1998
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49. RIVERWALK ALONG DISCAYNE BAY AND MIAMI RIVER IN DUPONT PLAZA AREA:
conditionally authorize execution of agreement with Miami Center Joint
Venture.
Mayor Suarez: Item 19.
Mr. Plummer: What does conditionally mean? I know what the word
conditionally means but this is obviously the portion that's going to be done
by the Miami Center, is that correct?
Mr. Sergio Rodriguez: In the area that's adjacent to Miami Center that is now
not built...
Mr. Plummer: Who's going to pay for 10
Mr. Rodriguez: We are suggesting over here that we pay for it now on a
temporary basis, we'll do it and they take in money from the marinas interest.
Mr. Plummer: This is in...
Mr. Rodriguez: The City will pay for it.
Mr. Plummer: Why wouldn't this be the same as the one before and that was
paid by DDA? The DDA paid almost a half a million dollars before. They've
got special assessment, they've got the right to tax and I'm asking why this
would be different than the one that was previous? This is a continuation, I
assume, of that program. Now, they started it and I think they ought to fund
it. How much is this proposed to be?
Mr. Rodriguez: $100,000.
Mr. Plummer: Is this the $82,990?
Mr. Rodriguez: Right.
Mr. Plummer: I think this is appropriately should be paid by DDA. They
deemed it as part of their ball park before, Mr. Mayor. DDA paid this before
when they did it from the Knight Center over to the DuPont Plaza. Why
wouldn't they pay it now?
Mayor Suarez: What do we do with the DDA's capital budget? We approved it
generally and...
Mr. Plummer: We held back two hundred and seventy some thousand as
contingency.
Mayor Suarez: And we required - yes, we required each individual item to be
brought back I believe.
Mr. Rodriguez: The only problem as to this that we are bringing to you today
the way it is, is to make it on time by the January deadline we have to get
approval to the...
Mr. Plummer: Hey, you're not going to force me into Super Bowl. OK, they did
me the displeasure of moving it out of the Orange Bowl and putting in that cow
pasture up to the north, OK? Now, you know, they chose to do that and God
bless them, but you're not going to force me to do anything in return under a
gun. Under a gun.
Mayor Suarez: What is the expenditure involved here?
UNIDENTIFIED SPEAKER: Eighty-two thousand.
Mr. Plummer: Eighty-three thousand.
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UNIDENTIFIED SPEAKER: Eighty-three...
Mayor Suarez: Coming from what funds?
128
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October 27, 1986
Mr. Plummer: Well, they're saying from the City. I'll move it. Let me tell
you how I'll move it, I'll move it subject to it being paid from the
contingency fund of the AAA which we restricted to this Commission's approval.
I'll so move.
Mayor Su rot: Where was it coming from before other than to say the City,
what funds?
Mr. Rodriguez: From the marinas retained earnings.
Mr. Plummer: No, previously, the previous work done came from DDA.
Mr. Rodriguez: No - OK. No, he's asking me about this.
Mayor Suarez: No, no, I meant the way it was proposed today. Well, then, why
should we take monies from DDA's capital budget which DDA has not even had a
chance to consider yet and not from the marinas retained earnings?
Mr. Plummer: Because they're trying to say that we're under...
Mayor Suarez: Which are for this marina related item?
Mr. Plummer: They're saying that we're under gun to get it done by January
the 20th. I don't think we're under a gun, OK? Matter of fact, I would go
even further to say that even if they used Bayfront Park and I hope they do,
that that end of the park is not going to used and utilized anyhow.
Mr. Rodney Barreto: I believe it will be, Commissioner.
Mr. Plummer: You think it might be, fine, write your check.
Mr. Barretto: Where's Jeff?
Mr. Plummer: OK, I'm just saying that, as far as I'm concerned, this was a
project initiated and approved by this Commission and DDA, that they paid for
the initial start of the project. And this is a logical kind of a conclusion
that I think should be paid once again from DDA, they've got two hundred and
seventy in their contingency.
Mayor Suarez: What I don't understand is why, without even knowing that - at
least I don't have it in front of me unless you have it in front of you,
unless you remembered - the proposed spending by DDA of its capital budget,
which I think we just previously approved one item of it. Actually, didn't we
just look at this S.W. 8th Street improvements?
Mr. Plummer: Mr. Mayor, I didn't speak from the capital budget, I spoke from
the contingency which was reserved.
Mayor Suarez: Well, you turned our capital budget into • contingency budget
is what you did. You said that two hundred and some thousand dollars, which
is all we have to spend in three districts, Omni, Brickell and downtown, you
wanted to call it a contingency budget and have it be approved for - which may
not be a bad idea in terms of having the DDA each time come up here and make a
presentation, but you've got monies here from the marinas to do something that
we want to do downtown and maybe that before you approve any further
spending...
— Mr. Plummer: This has nothing to do with marinas.
Mayor Suarez: No, no, the...
Mr. Plummer: There is no boats going to be docked here.
j Mayor Suarez: We have monies that have been made by the marinas and...
' Mr. Plummer: With the proviso, Mr. Mayor, that any monies derived from
marinas would basically go back in to improve those marinas. That was the
( initial inception of that ordinance when we got them to agree to it.
Mayor Suarez: We've used the marina fund, retained earnings fund for the
sailing facility, we've used it...
129 October 27, 1988
Mr. Plummer: Teo, that's related.
Mayor Suarez: I moon, I've - you're going to have approval rights to anything
that DDA wants to spend from the capital budget anyhow because you requested
that and it may very well be that at some point, you know, allocating some
monies for this makes sense, but I can't tell you that at this point. I mean,
I don't know what the rest of the budget is being proposed by the DDA, I don't
know what we're going to have to spend to satisfy the Brickell Association so
they don't leave or try to leave the DDA. You know the problems we've had
with that. I don't know - the Omni area needs all kinds of support and so
does downtown and this is a particular project that is being proposed to be
actually I don't really know too much about it except that there are monies in
a fund that is reasonably related to it. I don't... You know, I'll be happy
to take to the DDA any request to contribute to this and see if it makes sense
and then you're going to have to approve the spending of any of that capital
budget anyhow.
Mr. Plummer: That was my motion, Mr. Mayor.
Mayor Suarez: In other words, I would be happy to build into this, as long as
you don't keep this project from going forward with funds that we have, that
DDA should contribute to that or at least should contemplate contributing to
this and bring back to the Commission that item, because we can't spend that
money unless the Commission approves it anyhow, if I remember correctly what
you did with it.
Mr. Plummer: Correct.
Mayor Suarez: But I wouldn't stop this and I wouldn't prevent these funds
which are available from being used for this important project. And I...
Mr. Plummer: If I had any assurance that it would be paid back to the City, I
have no problem with it.
Mayor Suarez: I can't assure you of that...
Mr. Plummer: I know that.
Mayor Suarez: ... but I have an assurance that you won't be able to spend any
of that tvo hundred and eighty thousand, whatever the amount was, without
Commission approval because you built that in. And I'll be happy to take your
recommendation to the DDA board and see what the DDA recommends. But you have
a board that's supposed to make determinations on how to spend its budget,
you've got to use the board, you've appointed a lot of the members. In fact,
I appointed no new members.
Mr. Plummer: I understand, sir.
Mayor Suarez: If you want to modify it to say that, you know, that these
funds will be spent from this particular fund and that DDA will be asked to
consider either participating or paying all of this and bring that back to the
Commission with DDA's...
Mr. Plummer: It's a mean man that won't compromise, I'll move it based on the
fact that it is understood that no less than 50 percent of the this cost shall
be burdened by the DDA.
Mayor Suarez: I'm trying to figure out when our next DDA meeting is so that
you wouldn't be able to hold up any of the...
Mr. Plummer: You're talking about $42,000. You pay half, I'll pay half.
Mayor Suarez: I wouldn't hold this up for that, I, you know...
i
—� Mrs. Kennedy: I wouldn't hold them either....
Mr. Plummer: Well, it's not holding it up, its proceeding. This
Commission...
Mayor Suarez: You're holding up half of it and it's something that has to be
spent in one shot basis.
130
October 27, 1988
40 r
Mr. Plum or: Excuse me, Mr. !layer, I'm not holding up anything. Three
members of this Commission have got to agree that of that capital improvements
of which we have the say NO over, that they would agree to because their vote
that would be what the indication is.
Mayor Suarez: The best I can do for my vote is to say that I will take any
recommendations to the DDA and bring that back from the DDA and it's very
possible that we'd be able to take it from that budget knowing that, in any
event, we can't spend any of that budget without Commission approval. But...
Mr. Plummer: Proceed.
Mrs. Kennedy: I would have problems voting with that motion also with a set
amount of dollars.
Mr. Plummer: OK, all I'm saying is, they started it, they ought to finish it.
They started it, now they want us to pay for it to be finished. That doesn't
make any sense to me.
Mayor Suarez: We have a motion, do we...
Mr. Plummer: Teo, they've got - look, let's admit the truth. When they
started this project some 7 or 8 years ago, they got themselves in a hell of a
jackpot because they went over to Japan and bought salt water steel. You
remember, huh?
Mr. Rodriguez: That was before my time.
Mr. Plummer: And boy, let me tell you, when you talk about DDA and river
waterfront walkway, I mean they put up a screen immediately for protection.
Mayor Suarez: You're going to chair because I'm going to make a substitute
motion. OK, I move...
Mr. Plummer: Go ahead.
Mayor Suarez: I'll make a substitute motion that we approve this resolution
as drafted and send to DDA for their consideration of contributing to this
understanding that that will be by later Commission and DDA action. But that,
otherwise, we proceed with the expenditure of these funds for the purpose
intended from the fund that it was intended to come from which, I guess, is
the marinas, whatever.
Mr. Rodriguez: Retaining areas.
Mr. Plummer: May I ask...
Mrs. Kennedy: We have a motion on the floor, is there a second?
Mayor Suarez: It's a substitute motion.
Mr. Plummer: No, I'll withdraw my motion.
Mrs. Kennedy: OK. All right, do we have a second for the new motion?
Mayor Suarez: I made a substitute motion but he's going to withdraw his
anyhow. Are you going to second my motion?
Mr. Plummer: No.
Mayor Suarez: OK, the motion is that we...
Mrs. Kennedy: To approve...
Mayor Suarez: ... go ahead with this resolution to spend these monies from
the fund in question, but that we also send to the DDA to see what can be
contributed by DDA and brought back to the Commission.
Mrs. Kennedy: For their consideration.
Mayor Suarez: Right.
131 October 27, 1988
d.
Cl
Mrs. Kennedy: OK.
Mr. Plummer: Question.
Mrs. Kennedy: Yes.
Mr. Plummer: What is the agreement between the City and the Miami center,
especially based on the conditional use, I don't - I didn't see a.... oh,
here it is.
Mr. Rodriguez: Item 19.
Mr. Plummer: What is this - very quickly, tell me what does this do7
Mr. Rodriguez: Basically, they let us use the property, the right-of-way, the
20 feet that we have for the walkway and then eventually when they have to use
It, if they develop that portion of the property which is Miami Center, Phase
II, the triangular piece of land that was left, they will, at that point,
build the bay walk at the standards which are required to be built in a final
form.
Mrs. Kennedy: The idea is to have it done by Super Bowl.
Mr. Plummer: Hey, they're not...
Mrs. Kennedy: And then they would build the...
Mr. Plummer: Love, they're not going to put me under a time frame for Super
Bowl.
Mrs. Kennedy: All right, I'm just telling you what it is.
Mr. Rodriguez: Commissioner, you know, I know your position but the idea was
not - the Super Bowl is a good reason because then we will force us to try to
get it done faster. The idea is to connect all the way through the Knight
Center and all that area to bay walk...
Mr. Plummer: To me, the Super Bowl is not the criteria. The criteria, who's
going to pay for it? That's my criteria.
Mrs. Kennedy: Right, but the criteria of the Super Bowl is that we're going
to have a lot of tourists in town and we'll want to put our best foot forward.
Mr. Rodney Barreto: Vice Mayor, if I may.
Mrs. Kennedy: Yes.
Mr. Barreto: Rodney Barreto, Greater Miami Most Committee. Commissioner and
Mayor and Vice Mayor, the bay walk... first of all, let me clarify, it's not
Miami Center, it's Miami Center Joint Venture is the group involved, so I
don't want to get them confused because it's two different groups, and
secondly, part of the agreement is that the joint venture will have to come in
and build a permanent walk for the City, maintain it, security light it and
everything, once the developer decides to develop that piece of property.
Meanwhile, this is just an interim walk that's going to be put in place,
Interim meaning 3, 4, 5 years that we've put in place for the citizens of the
community. You know, we keep referring to Super Bowl but we haven't had a
Super Bowl here in ten years and I agree with you, Commissioner, I don't like
it being up in Joe Robbie's stadium any more than you do, but I think that all
the visitors in town are going to be downtown and we have one of the teams
located downtown and three of the hotels downtown are media headquarter
hotels. So I just happen to think that the project on its merits is something
great for this community and for everyone to enjoy and there's nothing more
than being able to walk out of the back of the Hyatt now and then walk all the
way around to Bayside by waterfront. Thank you.
Mr. Plummer: Mr. City Attorney, very quickly a question.
Mr. Jorge Fernandez: Tom.
132 October 27, 1988
`.
Mr. Plummer: If, for example, the arickell group wanted to break away, can
they form their own development authority? Can you have more then one
development authority in a given area?
Mr. Fernandez: No, you cannot, and besides that, that would be a -
legislature would have to give them...
Mr. Plummer: You're saying that the legislation which creates the development
authorities regulate only one per county or per city?
Mr. Fernandez: If it's downtown development...
Mr. Plummer: No, no, no, no. That's not what I said. Can they develop a
second development authority with taxing as the present DDA has?
Mr. Fernandez: Not overlapping each other, I would imagine...
Mr. Plummer: I didn't say that, sir.
Mr. Fernandez: Tom, they can. The legislature can do whatever they want to
do.
Mr. Plummer: Thank you. No, no, is the present legislation that we operate
under allow another development authority south of the river?
Mr. Fernandez: No. The answer is no.
Mr. Plummer: Would you send me a copy of that legislation please?
Mrs. Kennedy: OK, is there any further discussion?
Mr. Plummer: No, I'm saying is, could they start their own DDA for the
Brickell Avenue area? It would be interesting...
Mayor Suarez: .... also try to pull out generally, and just not participate,
I don't know what it takes to do that.
Mrs. Kennedy: Please call the roll.
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 88-981
A RESOLUTION CONDITIONALLY AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, BETWEEN MIAMI CENTER JOINT VENTURE AND THE CITY OF
MIAMI, PROVIDING FOR EARLY USE OF A PREVIOUSLY GRANTED
EASEMENT FROM MIAMI CENTER JOINT VENTURE FOR CONSTRUCTION
OF A TEMPORARY RIVERWALK ALONG PORTIONS OF BISCAYNE BAY
AND THE MIAMI RIVER IN THE DUPONT PLAZA AREA, AND
AUTHORIZING AND DIRECTING THE CITY CLERK TO RELEASE SAID
EASEMENT AGREEMENT FROM ESCROW AND CAUSE SAME TO BE
RECORDED IN THE PUBLIC RECORDS OF DADE COUNTY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: I forget what it takes for the Brickell Area Associa0 on to be
able to just simply pull out. I guess it - and just...
133
October 27, 1988
i
Mr. Plummer- Didn't it take a referendum, I believe it did, to create that
taking district up there?
Mayor Suarez: I think it took a ... yes, yee.
Mr. Plummer: I don't know.
Mayor Suarez: When you do his memo, would you do one to me, Mr. City Attorney
on what it takes for them to pull out because that's another threat that we
get constantly at DDA from the Brickell Area Association and I never know.
Mr. Plummer: But, you know, it just doesn't seem logical to me. The DDA as
It's presently structured, three votes of this Commission can abolish it
tomorrow, that you couldn't actually start another DDA or development
authority, a BDA up there and, you know, use...
Mayor Suarez: Well, we did get specific legislative authority for the
independent special tasting district and that's part of the problem.
Mr. Plummer: Hey, that's fine.
50. IMERGENCY ORDINANCE: DUPONT PLAZA BAY-RIVERWALK IMPROVEMENTS establish
project and appropriations.
Mayor Suarez: OK, item...
Mrs. Kennedy: Twenty.
Mayor Suarez: Twenty. Thank you. DuPont Plaza Riverwalk improvements.
Mr. Plummer: The only question I have is why is it $100,000 when the cost
factor is eighty-two, nine?
Mr. Jim Kay: This was written up prior to the receipt of bids and we had a
hundred thousand - that was our estimate of a hundred thousand dollars.
Mayor Suarez: Can we now reduce it to the amount that Commissioner just
mentioned?
Mr. Kay: Well, we need the 82.9, but we also have engineering incidentals
added - inspections added to that.
Mr. Plummer: Why? He said that Miami Center's building it? Why do we need
it?
Hr. Rodriguez: They're not building it.
Mr. Rodney Barreto: No, no, no, no. That's the river walk.
Mr. Kay: Oh, public.
Mr. Rodriguez: Miami Center Joint Venture...
Mr. Kay: Public Works drew plans and specifications on this thing here.
Mr. Rodriguez: Miami Center Joint Venture is releasing the easement so that
we can build it. In the future, when they come to build that portion of the
property that they have, they will themselves, have to build it.
Mr. Plummer: OK, sir, are we into more green heart poles?
Mr. Kay: No.
Mr. Rodriguez: No.
Mrs. Kennedy: And they would also be responsible for the maintenance.
134 October 27, 1980
Mayor Suarez: Commissioner De Yurre, if we're going to pass this companion
ordinance we need a 4/5ths vote, I believe.
Mr. Fernandez: Yes.
Mr. Plummer: He, be, have you got a problem. I'll see you. Call me when I'm
finished in the bathroom, will you?
Mayor Suarez: Would you have it so it has a trap door that's activated by
just the right weight....
Mr. Plummer: Trap into here or trap out?
Mr. Barreto: I was kind of hoping that we'd get the vote.
Mr. Plummero Well, well, the minority finally got the majority. I'm not
going to stop you, go ahead.
Mayor Suarez: What's the nature of the emergency please on item 20, for the
record?
Mr. Rodriguez: The emergency is to try to finish this item on time so that we
could be part of the festivities we're going to have with the Super Bowl
and...
Mr. Plummer: You put that there, I'll vote agai:.st it.
Mr. Rodriguez: And to make sure also that we have accessibility by the public
in the future and immediate basis.
Mayor Suarez: OK.
Mr. Plummer: That's fine.
Mayor Suarez: Thank you for the correct explanation of the emergency. I'll
entertain a motion on this.
Mrs. Kennedy: So move.
Mayor Suarez: I'll second.
Mr. Plummer: Well, you got to have Victor. Victor, you got to be here, it's
a 4/5ths vote. Motion understood? Is it an ordinance?
Mr. Fernandez: Yes.
Mr. Plummer: Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10347, ADOPTED NOVEMBER 19, 1987, AS AMENDED, THE
CAPITAL APPROPRIATIONS ORDINANCE, BY ESTABLISHING THE
PROJECT ENTITLED "DUPONT PLAZA BAY/RIVERWALK
IMPROVEMENTS", PROJECT NO. 331347, IN THE AMOUNT OF
$100,000 FROM MARINAS RETAINED EARNINGS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Mayor Suarez, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Hone.
ABSENT: Commissioner Miller J. Dawkins
135 October 27, 19$8
Whereupon the Commission on motion of Commissioner Kennedy and seconded
by Mayor Suarez, adopted said ordinance by the following vote:
ATES: Commissioner Victor De Turre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 1D503.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: ... as long as there's a trap door and activated by the proper
weight.
51. ACCEPT BID OF FCE CONTRACTING INC. FOR "lAMI RIVERWALK EAST PROJECT
Mayor Suarez: Item 21.
Mr. Plummer: Ohhhh, that was a double whammy, proper weights.
Mr. Rodriguez: Item 21 is accepting the contract that we discussed before.
Mayor Suarez: Accepting, OK...
Mrs. Kennedy: Move it, it's accepting the bid and authorizing the
construction.
Mayor Suarez: Moved, seconded. Any discussion?
Mr. Plummer: This has gone through the normal bidding procedures?
Mr. Jim Kay: Teo, sir, it has.
Mr. Plummer: And how many...
Mr. Kay: We had five bidders.
Mr. Plummer: Five bidders?
Mr. Kay: Right.
Mr. Plummer: Thank you.
Mayor Suarez: Call the roll.
Me. Hirai: Excuse me, Mr. Mayor, I missed the motion. Who moved it?
Mrs. Kennedy: I did.
Ms. Hirai: And second?
j 136 October 27. 1988
The following resolution was introduced by Commissioner Kennedy,
who moved its adoption:
RESOLUTION NO. 88-982
A RESOLUTION ACCEPTING THE BID OF FCE CONTRACTING,
INC., IN THE PROPOSED AMOUNT OF $82,990.00, FOR
MIAMI RIVERWALK EAST PROJECT B-2966, WITH MONIES
THEREFOR ALLOCATED FROM THE "DUPONT PLAZA
EAT/RIVERWALK IMPROVEMENTS' ACCOUNT, C.I.P. PROJECT
NO. 331347, IN THE AMOUNT OF $82,990.00 TO COVER THE
CONTRACT COST; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was
passed and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
52. DISCUSSION CONCERNING DR. ORLANDO GASPAR SILVA DAY
Mayor Suarez: Item 22. Commissioner De Yurre's item for...
Mr. Landy Silva: Good afternoon, my name is Landy Silva and I've been
asked by the patients of Dr. Orlando G. Silva to read this petition. I
live in 255 Galen Drive, Key Biscayne. Honorable Mr. Mayor of the City
of Miami and Honorable Commissioners. My job this afternoon is to
transfer a petition to you which was initiated by Commissioner Mr.
Victor De Yurre and the patients of Dr. Orlando G. Silva.
"We, the patients of Dr. Orlando G. Silva express our desire that
this petition be approved this session as per the proposal of
Commissioner De Turre and our request which is that August 26th be
_ declared Dr. Orlando G. Silva Day for the years to come. What
inspired this petition? Well, our experience as patients cured
and treated from the terrible illness of cancer by the dedication
and perserverance of a doctor that specializes in oncology,
_? hematology and internal medicine. Dr. Orlando G. Silva has a
medical profession, as a priesthood. In his office no patient is
turned away because of the lack of economic resources. Among his
patients, there is one that this year makes the fifth year he has
been treated and taken care of by Dr. Orlando Silva. He suffered
from an astrocytoma grade two, a brain tumor. Due to the
prolonged treatment he required, his company suspended his medical
insurance. In spite of this, Dr. Silva continued and continues to
— treat him without charge for his medical service."
Mayor Suarez: Is Dr. Silva here?
Mr. Silva: No, sir.
Mr. Plummer: This gentleman is living?
Mr. Silva: Yes.
137 October 27, 1988
Mayor Suarez: You know, the typical way to do this, to recognize the things
that he's done, particularly the things that you indicate he'n done for no
compensation, is to let us know about the proclamation, don't really need
Commission action. It's one of the few things that I can do on my own.
Cm. I ssioner De Turre apparently wanted as to hear more about Dr. Silva and
then bring him the day that we give his the proclamation if you'd like.
Mr. Silva: OK...
Mayor Suarez: Dedicating his day the dal that you want. It's not a permanent.
dedication but the proclamation certainly is permanent and from year to year
we can always renew it if you want.
Mr. Silva: OK, so bow do you suggest ve go about doing that?
Mayor Suarez: No, we've heard something about his actions and obviously he's
a doctor in good standing and he's done a great deal of good for all of the
people that are here. And I presume all of you want to speak on behalf of
this proclamation?
Mr. Silva: Right, they're active patiamts of Dr....
Mayor Suarez: Well, what we can do procedurally through Commissioner De
Yurre's office is give him all the information you'd like on the proclamation
and, of course, the date that you mmt proclaimed in his name and we'll
prepare that and award it to him at the appropriate Commission meeting, maybe
the next one, whatever you'd like.
Mr. Silva: OK, thank you very much.
Mr. Plummer: Does he practice in the City of Miami?
Mr. Silva: Yes, sir.
Mr. Plummer: Where is his office located?
Mr. Silva: Coral Gables. You mean the exact address?
Mr. Plummer: Is it in the City of ?Miami or in the City of Coral Gables?
Mr. Silva: It's in the City of Coral Gables.
Mr. Plummer: Have you petitioned the City of Coral Gables for the same?
Mr. Silva: Excuse me, I'm sorry, it's the City of Miami.
Mr. Plummer: What is the address?
Mr. Silva: It's the 25th Street and 37th Avenue.
Mr. Plummer: Well, that could be either one. It could be...
Mayor Suarez: Southwest or north....
Mr. Silva: It's southwest.
Mayor Suarez: No, that would be...
Mr. Silva: It's in front of Coral Gables Hospital. I believe it's the City
of Miami.
Mr. Plummer: It's in front of? It's across the street from the hospital
then, in fact, it is in the City.
Mayor Suarez: It's in the City. BY the way, since you have so many people
that seem to be interested, maybe you could get together and buy a nice frame
because the City does not provide a frame to go with it. And we'll give it to
him with a frame if you'd like.
Mr. Silva: OK.
138
October 27, 1988
Mayor Suarez: And they're not very expensive. OK, thank you for your
presentation. Make sure that you give the Information to Commissioner De
Turre's office who'll get it to us and we'll get the proclamation made up.
Mr. Silva: OK, thank you.
Mayor Suarez: Thank you to all of you.
Mr. De Turre: Thank you.
Mayor Suarez: That's one of the easier items we've had all day I have to tell
you.
53. A. NICARAGUAN AMERICAN FOUNDATION: extend permit for use of Henderson
Park for office space;
B. REQUEST ADMINISTRATION TO LIST AGENCIES LEASING OFFICE SPACE FROM
CITY OF MIAMI AND MAKE RECOMMENDATIONS ON GUIDELINES FOR SAME.
Mayor Suarez: Item 23. Vice Mayor Kennedy's item.
Mrs. Kennedy: Teo, this foundation, Mr. Mayor, is providing a very important
and much needed service to the community, especially now that, as everybody
knows, so many Nicaraguans are coming, they are here for the renewal of the
revocable permit and I hope that this Commission can grant it to them because
It's a service that the City does not provide and they have refurbished the
building, invested a lot of money and it's very well deserved.
Mr. Plummer: Is it a 30-day revocable? Move it.
Mr. Sergio Rodriguez: It is, Commissioner.
Mrs. Kennedy: So I move.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded.
Mr. De Turre: Discussion.
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: Discussion. And I have to refer to the article that was in the
Miami Herald yesterday wherein it makes it seem like I was the one that was
ousting this group from their location.
Mr. Plummer: Shame on you.
Mr. De Turre: Yes. And, you know, I want to bring some points up and I want
to clear the air once and for all so there's no misunderstanding. Mr. Lopez
Borges, I'd like to get him involved in this. Alberto Armada also and I guess
Ron is here too and Carlos and all of that. It is my understanding that Mr.
Lopez Borges want about the City looking for a location with no particular
location in mind and of the available locations which, I guess, you know, they
didn't have their permit renewed, because they had forgotten to do it or they
weren't interested in remaining there, Mr. Lopez Borges picked this site and
I'm just recounting this to expedite this situation. And if anything is
erroneous, please correct me. Mr. Lopez Borges has seen me at my Commission
office and presented the fact that he was looking for space again for a profit
venture which he would have paid the appropriate rent to the City and I told
him to proceed and go ahead and find whatever vas available in the City.
Subsequent to that, it is my understanding that he vent to see and spoke with
Mr. Armada and arrangements were made for the use of this property With the
understanding that no permit had been renewed by this group. After that, Ron
sent a memo to Mr. Odio expressing the fact that this gentleman and his
company, his cable TV company, was going to move into the building used by the
Nicaraguan group because they had not renewed their parmit. Mr. Odio, as City
Manager, approved the move and the eviction of this group and a letter was
sent to them advising them of the fact that they were being evicted within 30-
139 October 27, 1988
days. It is my further understanding then that at that point this group
became aware of the fact that they had not met with the renewal procedure and
then expressed the fact it was an oversight and they wanted to stay at that
location; which I don't think anybody on this commission has any problems with
them staying there, OK. I think it oleo should be expressed because if you
read this article, it makes it seem like somehow I was behind this, that I was
not the only Commissioner that was seen by Mr. Lopez Borges, but as a basic
procedure of the Commissioners people come to lobby and to ask for things and
you say yes or no or if you're going to listen to them and you give them an
indication of how you feel about it, that I wee one, but not the only one that
had been addressed on this issue. I believe that so I just want to clear that
In the air. Maritsa, if you have anything to may on that issue and if you
think anything is different, you know, please express it now or Alberto
Armada, if you have anything to may, or Ron or Mr. Lopez Borges...
Mr. Lopes Borges No, may I - I would like to say...
Mr. De Turre: OK.
Mr. Borges: Mayor and Commissioners, my name is Francisco Lopez Borges and
I'm the president of channel 14 Continental Network.
Mayor Suarez: But you're definite related to Carlos Lopez Borges.
Mr. Borges: Right, my brother.
Mr. De Yurre: Same hair -do.
Mr. Borges: Right. So, as you know, Mayor and Commissioner and...
Mayor Suarez: So that part of the story was right?
Mr. Borges: I'm very known of these Commissioners and Mayors for many years
and as you know, my position in this community that I never want to push
nobody out of where they are to put my business there. I was looking for some
place to put my television station studio there, but not in the idea to throw
any group of this community out of the place. I come to Mr. Commissioner
Victor De Yurre and I said I would like to find out how I can get a place for
my TV studio and he said, well go through the channel. Now we come to see Mr.
Armada who is in charge of the real estate ownership of the City of Miami
property and I ask him what is available and, as you see, there was a big
federal case in the newspapers about this deal. I'm sorry to see a paper like
that, with all due respect, in this community.
Mr. Plummer: Paco, all you got to...
Mr. Borges: To print something like this, Mayor and Commissioner.
Mr. Plummer: Paco, all you got to do is be a vendor and you can do it on the
street.
Mr. Borges: I believe I can do that, I believe I can do that.
Mrs. Kennedy: With wood wheels.
Mr. Borges: But with all my respect, with all my respect. As a matter of
fact, I went to see Commissioner Rosario Kennedy and I show her they was
looking for a place for my studio in hi■ office.
Mr. Plummer: How come you didn't come to see me?
Mr. Borges: And I said - because you was out of town. So Commissioner
said...
Mr. Plummer: I got saved by the bell.
Mr. Borges: ... as a Commissioner Kennedy they be on the agenda that I was
looking for a place and I think this is the place.
Mrs. Kennedy: Right, but Paco, let also the record reflect, and you and I go
back a long ways and many years, that never did you mention to me that it was
the place where the foundation, the Nicaraguan Foundation is.
140 October 27, 1988
Mr. Borges: I never know there was a foundation there.
Mrs. Kennedy: OK, all right.
Mr. Borges: I never know it was a foundation there. If I know there was a
foundation there, I wean available and they willing to have the place, I would
never push nobody out. And you know me for so many years. And you know the
Mayors end Commissioner here for so many years, I never do that to nobody in
this community.
Mr. Plummer: By the power invested in me, I absolve all of you from your sins
and go sway and sin no more.
Mr. Borges: So this is only - thank you very much, thank you very much,
Commissioner Plummer.
Mrs. Kennedy: Bye.
Mayor Suarez: Just how far back do you two go now?
Mr. Borges: What I would like to clear, I would to clear the name of the
Commissioner Victor De Turre. I would like to clear my name and my brother
names in the community. As you know, I mean this article is...
Mr. Plummer: Tomorrow they will print a correction.
Mr. Borges: ... is making a wrong position of us here in this community.
Thank you very much, Mayor and Commissioner. And thank you very much.
Mr. Plummer: The longest running column in the Miami Herald is, For the
Record, and tomorrow they will have a correction right under the death notices
making all of the admissions for you.
Mayor Suarez: All of your clients are going to read it. Do you need to make
any other statements, I don't presume you do?
Mrs. Kennedy: No.
UNIDENTIFIED SPEAKER: None other than to thank the Commission for the
opportunity to be here.
Mr. De Yurre: OK....
Ms. Maritza Herrera: My name is Maritza Herrera, executive director of the
Nicaraguan American Foundation. For me it was a surprise that knowing when I
came in 1986 to request a place so we can function, they told me there was no
place available and we were waiting for 7 months and by that time we're an
organization that had the permit expire but we didn't have the luck that they
have now. You know, we didn't have the opportunity to see who has the permit
expire end, you know, I knew that there was people that had two years - I
understand there is, you know, our problem to come to the Commission and....
Mayor Suarez: What you have is extremely unusual, there's only two or three
In the entire City that are being allowed to use park facilities on a
revocable use permit and, you know, it's a good thing that you're allowed to -
and you're a worthy organization, you're doing worthy things but, believe me,
don't even try to compare it to anybody else's because there's very few that
have it.
Ms. Herrera: So, and you...
Mayor Suarez: And what happened to you? I mean the only thing I know was
that there was a newspaper article but you were never asked to leave that as
far as I know, where you?
Ms. Herrera: No, we received the letter and they said that we had to leave
the premise in 30 days. For me, it was a surprise.
Mayor Suarez: And that was not related to the fact that your license had
expired or something? I...
141 October 27, 1988
-A
Ms. Herrero: Teo, they sent a letter and for me it was a surprise that
somebody else wants the place.
Mayor Suarez: well, wait, that didn't seem to be the issue atthe time. What
was the issue, Ron, what had expired?
Mr. Ron Williame: Excuse me, the revocable permit itself, Mr. Mayor, had
expired.
Mayor Suarez: Oh, I see, so if you had read the letter carefully, you might
have found out that there was ways in which you could it renewed by the
Commissioner acting as you're doing today.
Me. Herrera: Yes, that's when we called Commissioner Kennedy to see if we can
have a hearing again. And also I would like to point out that when we came,
the first petition that we have is a revocable permit that is reneval every
thirty days with that latter that we can send 120 days in advance. But
Commissioner Carollo said that we had to come every year, I don't know is they
used to do with all the permit...
Mr. Plummer: You don't have to come here to the Commission but once a year.
Administratively, they renew the permit every 30 days.
Mrs. Kennedy: OK.
Mayor Suarez: It's really revocable every 30 days but they don't actually go
through a renewal process every 30 days. They could.
Mr. Plummer: No.
Ms. Herrera: We have to come every year to the Commission to ask... OK.
Mayor Suarez: Oh, yes. Like I said, just don't forget that this is a very
unusual permit you've got. We have two or three that I can think of in the
entire City.
Mr. De Turre: Mr. Mayor, while I started investigating this situation,
something came to light that I think that Maritza, you know, should be made
aware of and should resolve and my understanding is that, based on the
revocable permit, they're supposed to have insurance coverage on the location
and it is my understanding that Mr. Armada has sent various notifications as
to the issue, but they have not complied and I'd like to get that on the
record and see if we can get that resolved.
Ms. Herrera: We already have the insurance but wanted to make sure that
they're going to approve the extension. That's no problem.
Mayor Suarez: OK, make sure that you get to the appropriate department copy
of the policy.
Ms. Herrera: Yes, it's no problem.
Mr. De Turre: OK.
Mayor Suarez: OK, item 24.
Mr. De Yurre: Well, are we going to vote on this?
Mayor Suarez: Yes, please call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 89-983
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE USE
PERMIT IN A FORM ACCEPTABLE TO THE CITY ATTORNEY TO THE
NICARAGUAN AMERICAN FOUNDATION FOR AN AREA OF 1,118 SQUARE
FEET IN HENDERSON PARK.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
142 October 27, 1988
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Turre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Mr. Jorge Fernandez: I need clarification. This is to
renew or to enter into
another revocable use permit for one year?
Mayor Suarez: Right.
Mr. Plummer: That's what it reads.
Mr. Fernandez: Is that the motion?
Mr. Plummer: The motion is for...
Mrs. Kennedy: The way I wrote the memo, read out and I
can't remember the way
it is, just to renew the revocable permit.
Mayor Suarez: Yes, that's what I understood the motion
to be. The most we've
ever done is a year for anybody.
Mr. Fernandez: OK.
COMMENTS MADE FOLLOWING ROLL CALL:
Mr. De Yurre: Mr. Mayor, and aside from this... thank
you for coming.
Ms. Herrera: Thank you.
Mr. De Yurre: Nov that, you know, we're talking about this issue, something
came to mind that I wanted to see what the procedure is here at the City of
Miami. We issue revocable permits to non-profit corporations and for a dollar
a year, you know, they're getting rent free from City property. How does the
City regulate and make sure that these are not for profit corporations that
they're acting as such and that they're actually using, making the use that
they're supposed to be making of the property?
Mayor Suarez: I guess it would only be by the very...
Mr. Plummer: Property manager.
Mayor Suarez: ... sporadic, yes, property management in one sense as to the
use. Auditing it would only be if we happened to do an internal audit and
we're...
Mr. De Yurre: Well, how do we know then, you know, do we just... you know,
the way I see it and I'd like to get a clarification as to the way it works,
the way that I feel that this works is once they get a revocable permit as a
non-profit, that they're getting rent free, they could be doing anything they
want there as far as for profit and there's no way that we can regulate or
monitor that type of activity.
Mr. Plummer: No, it's to the contrary. If they do something wrong, we can
yank it in 30 days.
Mr. De Turret: Teo, but there's nothing actively that we do...
Mr. Plummer: Who monitors?
Mr. De Yurre: ... that somehow we would have to find out, not that we're
doing something actively to monitor it, but it would be something different as
143 October 27, 1988
for as finding out what goes on there and I would like to know, you know,
basically how that works. Ron or Al, you know, who ever can explain it.
Mr. Al Armada: Well, Commissioner, if I may try to answer your question,
essentially each document is prepared to the particular permittee and then
that particular permittee is defined as a non-profit corporation or a for
profit corporation, you know, incorporated in the State of Florida. I mean,
we do, in fact, trust them if you will in that regards. I think if they're...
Mr. De Turre: So you're talking about a trusting procedure, nota
verification procedure?
Mr. Armada: That's right. I think that we've never had a problem like that.
If there's a need for an audit, the auditors will take a look at that,
Mr. De Turre: Tea, but there's never been a problem because we just don't
follow up on it no we're not going to find out anyway or is it that, you know,
we would check and everything is kosher?
Mr. Armada: You're right, on revocable permits, there usually is not an audit
performed on an annual basis. Again, we trust the permittee.
Mr. De Turre: They don't file any tax returns, they don't file anything at
all.
Mr. Armada: No, not with us, no. We take their word. If they're come in and
they're telling us we're going to be here for profit, we, you know, make that
notation in the document and it so reads and if they're coming and they say
we're a not profit corporation, we'll indicated as such. For example, the
Nicaraguan foundation said Nicaraguan foundation, a not for profit
corporation.
Mr. De Yurre: Mr. Mayor. I'd like to have some feedback from the Commission
as to whether, you know, this Commission feels comfortable with this type of
procedure that there's no checking as to what kind of business they conduct.
Mayor Suarez: Well, I'm only aware of like three or four of these so I don't
want to make it sound like it's a wide spread situation. I know we have the
revocable use permit for use of City parks.
Mr. Armada: We have a few and we have a few.
Mayor Suarez: We have one out at the senior center out there at that park....
Mr. Armada: Southwest Social Service.
Mayor Suarez: ... which is incredible because they put a whole structure and
everything there and they've always done it knowing that there's a 30-day
clause for revocation, if we ever wanted to apply it. I don't know what would
happen to the structure, I guess we'd get to keep it. That's...
Mr. Armada: We have to pay the state.
Mayor Suarez: We'd have to pay the state, I guess. We have that, we have
this particular one here, I guess we have the Centro Meter day care center on
27th Avenue.
Mr. Armada: Ten. We have a couple... we have day care center in northeast...
Mayor Suarez: The Cuban museum is a long term lease so it's not like this and
that one was worked out and it's got all kinds of provisions for enforcement
and monitoring as we know, better than we'd like to know, I think. What other
ones? I mean, we don't...
Mr. Armada: There's abou,c 31 in all, Mr. Mayor.
Mayor Suarez: Really?
Mr. Armada: Yes, including the ones...
Mayor Suarez: You're not counting just the office space that we give over
here at the Artime Center?
144 October 27, 1988
Mr. Armada: No, no, that includes everyone. That includes those that are in
parks for profit, like small concessionaires, very small concessionaires.
That includes...
Mayor Suarez: Well, you mean like - which small concessionaire that's for
profit?
Mr. Armada: Well, like for example, there's one in Shenandoah Park, there's
one in west...
Mayor Suarez: What are they doing in Shenandoah Park?
Mr. Armada: They have a little concessionaire there that sells hot dogs and
things like that.
Mr. De Turre: Chips.
Mr. Armada: OK, it's been there for ages. It has a revocable permit, it pays
something like...
Mr. Sergio Rodriguez: Would you like us to send you a re...
Mayor Suarez: What we ought to do is get a list to all the Commissioners
before we act on it, yes, I'd be interested.
Mr. De Turre: Because I think, you know, at the very least....
Mr. Armada: There's 30 - if you include the mon...
Mr. De Yurre: ... at the very least, I think we should get their tax returns
or something to know, you know, that they're functioning and functioning
properly.
Mr. Armada: I think we would have the right to ask that if we, you know, it's
never been an issue.
Mayor Suarez: Frankly, I had thought the policy was that they would have to
be a not for profit. I can't imagine that we'd have a for profit using City
property like that.
Mr. Armada: Sure we do. We have Tony Molina, for example, in...
Mayor Suarez: I'd like in the list that we get....
Mr. Armada: ... Miami Springs Country Club that does that as well and he pays
us something like $10,000 a year based on his proceeds.
Mayor Suarez: Well, that whole operation I wouldn't mind changing, let alone
the concession there. But could we get a list...
Mr. Armada: Top.
Mayor Suarez: ... and have specified the ones that are for profit and we're
going to have to come up with some kind of mechanism to review the for profit
ones.
Mr. Williams: Mr. Mayor, in addition to the for profit organizations, I think
It's well within the purview of the Commission to direct that when we come
before you on these renewals that those corporations, those organizations come
here and answer any questions that you might have and provide a full
disclosure as to how they operate. I think that's...
Mayor Suarez: Absolutely, absolutely, and...
Mr. Plummer: Well, why not on the written document?
Mr. Williams: That can be provided too, Commissioner...
Mr. Plummer: That's even better.
Mr. Williams: ... we can make...
145 October 27, 1988
0 6
Mayor Suarez: And if they're 5010's, they should give us their tax exempt
return.
Mr. De Turre: Sure.
Mayor Suarez: ... and we should look at that and if they're for profit, we
should look at their tax returns.
Mr. De Turre: Well, can I make a motion then that by the next general meeting
they come back with suggestions as to a format to be followed in these cases?
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner De Turre, who moved
Its adoption:
MOTION NO. 88-984
A MOTION DIRECTING THE ADMINISTRATION TO PREPARE
GUIDELINES TO FOLLOW IN CONNECTION WITH AGENCIES WHICH
USE CITY -OWNED OFFICE SPACE; FURTHER DIRECTING THE
ADMINISTRATION TO COME BACK BEFORE THE COMMISSION WITH
A RECOMMENDATION AT THE NOVEMBER 17TH MEETING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: I'll have to admit that I'm surprised that there's that many.
I thought there was only a handful.
Mr. Rodriguez: For the December meeting, right?
Mr. Plummer: The November meeting.
Mr. Rodriguez: Next week?
Mr. De Yurre: Seventeenth?
Mr. Rodriguez: OK, the following, planning and zoning, OK.
Mr. Plummer: No, you said the regular.
Mayor Suarez: Give them a little more time.
Mr. Plummer: What's the next item?
54. "TEENS GUIDE TO LIFE: CRACKDOWN ON CRACK" (A) waive rental of Bayfront
Park Amphitheater for their event; (B) allocate 46,600.
Mayor Suarez: Twenty-four, Commissioner, Vice Mayor Kennedy. Teens Guide to
Life.
Mrs. Kennedy: This is a request brought to me for a free of charge event at
the park. It's a non for profit agency.
Mayor Suarez: Doe the Bayfront Park Management Trust recommend this?
146 October 27, 1988
Mrs. Kennedy: Yes.
Mayor Suarez: And do we have a open date?
Mr. Ira Katz: Tea, sir.
Mayor Suarez: I'll entertain a motion on it.
Mrs. Kennedy: Move it.
Mr. Plummer: Is this part of the 30 days or the 150 days?
Mr. Katz: This is a recommendation for the part of 30 days that you have.
Mr. Plummer: How many will be left?
Mr. Katz: Twenty-four.
Mr. Plummer: All right, so in other words, they're going to get the free use
of that but they will have to pay for everything else.
Mrs. Kennedy: Correct.
Mr. Plummer: As long as they understand that.
Mr. Katz: The organizer understands that.
Mr. Plummer: As long as he understands, it's fine. You move it?
Mrs. Kennedy: Yes.
Mr. Plummer: I second it.
Mayor Suarez: Do we have a second?
Mrs. Kennedy: Yes.
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 88-985
THE PARAMETERS OF THE HEREINABOVE MOTION ARE INCLUDED IN
RESOLUTION 88-986 IMMEDIATELY FOLLOWING.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner J.L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
NOTE FOR THE RECORD: Although absent at the time of roll call, Commissioner
De Yurre requested of the Clark to show him voting yes on the motion.
Mr. Cos Cosimano: EXcuse me, I want to make sure I understand this clearly.
Does that mean that this budget that we're asking for from the City or is this
something different now, because this is all new to me?
Mr. Plummer: I don't know anything about the budget.
Mrs. Kennedy: So we don't have any budget as the back-up material...
Mr. Plummer: We're waiving the rental.
147
October 27, 1988
Mr. Cosimano: We submitted.
Mrs. Kennedy: There's a $2,000 rental fee of the use of the amphitheater and
that's what we are waiving.
Mr. Cosimano: All right, Commissioner, what about the other budget that was
submitted?
Mr. Plummer: I don't have it.
Mr. Cosimano: Well, they have been submitted several times and I personally
hand delivered it again last week after meeting with Mr. Katz and with the
community development people from the City of Miami. I brought it directly to
Commissioner Rosario Kennedy's office, hand delivered it to Marta and she said
that she would definitely make sure because this is the third time we
submitted this down here and it has not been given to the Commissioners.
Mr. Plummer: There's no way that we can waive that. There's no way we can
approve that, we don't have the money.
Mr. Cosimano: Each Commissioner has...
Mrs. Kennedy: Can you tell us more about your event?
Mr. Cosimano: What this is, the money that is being raised for this event,
all right, TGOL, which stands for Teens Guide of Life is an organization, non-
profit, OK, that is for the youth of Dade County, OK, and what we do is it
goes for drug abuse, alcohol abuse, taking kids out of street gangs, getting
them into technical school, getting them into college. It's a free service,
we don't discriminate race, color, creed. It doesn't matter whether your
family has $10 or $10,000. We started off not quite a year ago with three
children in the program. We now have 87.
Mr. Plummer: Who are you licensed by, sir?
Mr. Cosimano: By the state, it's a non-profit, we have all the numbers and
they were all submitted also. I mean, I have all of the...
Mr. Plummer: Is that Safe Harbor, Inc.?
Mr. Cosimano: Safe Harbor, Inc., yes, air.
Mr. Plummer: But yet, you're asking for this in the name of Teen Guide of
Life.
Mr. Cosimano: Well, that's what it is, Teens Guide of Life is Safe Harbor.
That's what it is, it's under the corporation. It's non-profit, it's
registered with the state. We also work with the courts, we work with HRS.
Mr. Plummer: How long has Safe Harbor, Inc. been in existence?
Mr. Cosimano: About eight or nine months. A little bit more than that,
almost eleven months. We have all the corporation papers. This is the second
time I was here, last time I was here you skipped over me so I had to come
back again.
Mr. Plummer: Well, the problem is if that money In to be paid out, it's got
to be paid out by the Bayfront Park Trust.
Mr. Katz: Commissioner, Plummer, we have no resources for that at this time.
Mr. Plummer: The same here.
Mr. Cosimano: Well, what are you willing to help us with then being that
it's...
Mr. Plummer: What we've already...
Mr. Cosimano: ... I mean, this is for a good cause, I mean, you know, we're
talking about the kids here in the county.
Mr. Plummer: But we've already approved, sir.
148 October 27, 1988
4
0
Mrs. Kennedy: But don't put the ball in Payfront Park because, you know, that
was not in...
Mr. Plummer: You have about at much money as we do so that's the name of the
Same. Sir, what we've done is, we've approved the rental fee to be waived.
Mr. Cosimano: OK.
Mr. Plummer: That's almost - well, it's $1875 according to this.
Mr. Kett: Just to state the record clear, Commissioner Plummer, for the type
of organization this is, it would be $500 under the ordinance that you set up
for non-profit organizations.
Mrs. Kennedy: for non-profit, it's five hundred. If you are a non-profit, it
is $500.
Mr. Plummer: Well, all I'm - I'm reading from this here, I don't know where
It came from.
Mr. Katz: This is the budget that the promoter submitted himself in
connection with the City of Miami's Community Development Department. Under
the City ordinance, Commissioner Plummer, there is various charges for
concessions at the park which the promoter plans to have at the day of the
event.
Mr. Plummer: Whatever the number is, what we've done and what we...
Mrs.
Kennedy: Well,
let me just - it might
not pass, but let me move this.
It's
a great idea to
have this event in the
park and I think that we have to
make
everybody aware
of the drugs. So I move
it.
Mr. Plummer: So many of them. In other words, you're talking that $6,600
level?
Mrs. Kennedy: Waiving the $6,600, yes.
Mr. Cosimano: We originally had a larger budget and from the last meeting
that - there was a little bit of a mix up down here because you took a break,
but we went back and revised the budget to try to make it more conducive,
because we need the assistance of the City and because of the cause of what
we're doing it for, I mean, if there's any way...
Mr. Plummer: What kind of activity are you putting on, air?
Mr. Cosimano: What we're having down here, Commissioners, we're having arts
and crafts show, we're having a Halloween costume contest for children.
Mr. Plummer: Are you charging an admission?
Mr. Cosimano: No, sir, it's free admission. What we're doing is, we were
only giving roughly about $35 per concession for arts and crafts that are
coming in.
Mr. Plummer: Where are you going to get your revenue from?
Mr. Cosimano: From the arts and crafts people, from the food vendors that are
coming in, we're also raffling off an antique car, a 1954 Cadillac, which was
the original Aunt Jemima car, we're raffling that off. We have a couple of
cruises that we're raffling off, some weekend vacations at some major hotels,
and all of this money that...
Mr. Plummer: What's your anticipated revenue?
Mr. Cosimano: I wish I knew that. This is ous first time around.
Mr. Plummer: What are you projecting?
Mr. Cosimano: Well, people vise, I'm being told to expect in the area of
about 4,000 people from what Mr. Katz says. So, hopefully, if that comes
true, you know, we're just hoping for the best. The money's going for the
149 October 27, 1988
,av�,r
;? m
r yA,.'.
10
kids and we're not looking to make anything on it. Next year, we hope it'll
be different. We also have live entertainment from 12:00 o'clock noon to
10:00 o'clock p.m. and that's all being donated free. We have a couple of
recording sets that are also coming down. They're donating their services,
Little Anthony and the Imperials.
Mayor Suarez: Who are those? Do you have Little Anthony and the Imperials
booked? Do you have a letter or anything from them?
Mr. Cosimano: No, he's in town right now. He got in today and so is Wendell
Tyler from the San Francisco 49er's...
Mayor Suarez: Well, he may be in town and for all I know, you know...
Mr. Cosimano: They're going to be at this affair, Mr. Mayor, OK, and that's
why they're here and they're not being paid...
Mayor Suarez: Do you have anything in writing from Little Anthony and the
Imperials?
Mr. Cosimano: Well, I don't have anything in my hand, I have on what is on
the flyers that have been passed out and what's on the posters that are... you
know, a lot of businesses around town with the names on it and we would not be
doing that if...
Mayor Suarez: Do you have any contractual commitment from Little Anthony and
the Imperials that they will be there?
Mr. Cosimano: I can give you one if you want it.. It's only Little Anthony,
the Imperials don't exist any more. He's going to be doing a live performance
on stage.
Mayor Suarez: Well, I use that term because that's the term I heard you use.
Mr. Cosimano: Ten, well that's what he became famous for, Little Anthony and
the Imperials was the name of the group all through the 50's and the 60's and
now he's...
Mayor Suarez: Nov he's just...
Mr. Cosimano: ... it's Little Anthony, OK, he's...
Mayor Suarez: ... now it's just Little Anthony.
Mr. Cosimano: ... he's the guy. Little Anthony with eight children and 14
grandchildren.
Mayor Suarez: Are you sure Little Anthony's going to show up and it's going
to sound somewhat similar to - I mean...
Mr. Coaimano: Teo, he is.
Mayor Suarez: ... we just don't know enough about this organization. I, for
myself, I have no problem with the waiver of the rental fee for the facility,
but that is it as far as I'm concerned. The services you'd have t pay for,
they seem to me extremely high, by the way as always. Police, three thousand
some dollars; what are you going to have, half of the Police Department there?
Mr. acting City Manager, while...
Mr. Sergio Rodriguez: No, don't have - no, the answer to your question is no.
{ Mayor Suarez: ... the other City Manager is out of town, couldn't you bring
this under control since we haven't been able to do it with the existing City
Manager, maybe with the acting City Manager we can control the whole issue of
the number of police officers that they require for 4,000 people, I mean,
three thousand and plus dollars.
Mr. Plummer: How many men involved?
Mr. Rodriguez: Thirteen.
Mr. Plummer: For how many hours?
150 October 27, 1988
Mayor Suarez: Hop many hours is your requested use of the amphitheaters
Mr. Cosimano: Would you like a copy of this?
Mayor Suarez: Nov many hours is your requested use of the amphitheater, sir?
If you don't know that...
Mr. Cosimano: They have it down here, air, for ten and a half, twelve hours.
We're going to be there from 10:00 a.m. to 10:00 p.m. The live entertainment
and the rides for the children are going to start at approximately 12:00 p.m.
and what they did, was they proposed a budget of how many police officers we
were going to need on a graduated scale from 10:00 a.m. in the morning on.
Mayor Suarez: Ira, do you have any idea whatsoever that this group can do
what they say they're going to do over there?
Mr. Katz: We recommend, the Bayfront Park Trust, that they receive a rental
fee waiver and at this point we'd like them to prove themselves on one year
and then come back to us in the future.
Mayor Suarez: Even that, to me, In going out on a limb from what we know.
Mr. Plummer: All right, I'll tell you how far I'll go, what we've done with
the other groups, OK? Listen to me well, sir. I will second Commissioner
Rosario Kennedy's motion to approve the $6,600 based on the first $6,600 of
revenue that is taken back in comes back to the City of Miami and anything
above that, you keep. But if we get our money back, which we're saying is,
we're going to guarantee you that you don't have an out-of-pocket expense.
Mr. Cosimano: Wl^.at happens if we don't get it?
Mr. Plummer: That's your problem.
Mr. Cosimano: Then I still go to...
Mr. Plummer: What happens right now if you don't get it?
Mr. Cosimano: Well, that's...
Mr. Plummer: You're not going to get anything else.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no, no. If you take in $5,000, we'll pick up $1,600.
Mr. Cosimano: OK, that's fair. I'll take your offer and good night, thank
you very much.
Mr. Plummer: You'll not get it next year.
Mr. Cosimano: That's OK. Hopefully, we won't need it.
Mr. Plummer: Predicated on that, I'll second Commissioner Kennedy's motion.
You must also understand, air, that you cannot disburse one penny of the
proceeds until an audit is done and this Commission will approve the
disbursements to make certain that all of the money is going for the charity
as intended through this motion. So, please be aware that after your expenses
are paid, and we will look at that...
Mr. Cosimano: Yes, sir.
Mr. Plummer: OK. We will satisfy ourselves that the money is going where it
was said it was going, so please be aware of that.
Mr. Frank Castanada: Commissioners, let me clarify something for the record.
Who is going to control the concessions, are you going to control the
concessions or is a third party going to control the concessions?
Mr. Cosimano: The concessions, everything is going to be done on a ticket
basis so that this way we know that we have an accurate count at the and of
the day. There are only going to be d there is not going to be any money
151 October 27, 1986
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trans... you know, , from hand to hand except if you want to buy
$5.00 worth of food, you must buy $5.00 worth of tickets and at the end of the
day, when the food concession people come to get their money, they are
donating back 25 percent of the gross of whatever they take in, so for every
dollar....
Mrs. Kennedy: Don't get nervous.
Mr. Cosimano: ... for every dollar that they take in, then that comes In.
Mr. Plummer: I can't even get 20 percent out of the regular vendors and
you're getting twenty-five?
Mr. Cosimano: This Is the...
Mr. Plummer: Would you like to negotiate with my vendors?
Mr. Cosimano: I'll tell you what, if you teach me politics, I'll definetly
come down here with and work with you because listening to you for the second
time around is a piece of work, I'll tell you that right now.
Mayor Suarez: No, you wouldn't want to learn politics from him. Now...
Mr. Plummer: See, I negotiate but my people can't argue.
Mr. Cosimano: I know, that's it. You got...
Mayor Suarez: What sort of concessions are we talking about and how many are
we talking about?
Mr. Plummer: Food, and craft.
Mr. Cosimano: We have roughly ten food concessions that are going to be there
and then plus, like I say, we're going to be raffling off during the day
the....
Mayor Suarez: OK, this is not - let me ask Mr. Katz something here. This is
not going to be like the Colombian festival or whatever it was that was just
mayhem to the park?
Mr. Katz: No, sir, this will be a very controlled and organized activity.
Mayor Suarez: No cars anywhere near the park, grass and landscape?
Mr. Plummer: Only the one that's being raffled.
Mr. Cosimano: No, Mayor Suarez, in fact we're making provisions with the
police officers that we have two of the officers specifically assigned to
handle that detail.
Mayor Suarez: And not an excessive number of stands and... we're not
commercializing the park, you know, when we allow these activities for one
day. I mean, this is supposed to be for a good cause that you're involved in
and whether you make too much money or not, frankly, from our perspective, if
we get paid what we're putting into this, which is being done on a conditional
basis by this motion, we'd be happy, you know, and we don't really care if you
make money beyond that.
Mr. Cosimano: Everything is centralized, Mr. Mayor, it's...
Mr. Plummer: You know, OX, and I think it's of recent events and I won't make
any mention. I think the concern is rightfully been expressed by this
Commission that the dollars are going to the organization and for the benefit
of those which it has been stated and that's what we want to make sure that
we're not being hoodwinked.
Mr. Cosimano: I don't blame you. I agree.
Mr. Plummer: Call the roll.
Mayor Suarez: OK, we have a motion and a second. Call the roll.
152 October 27, 1988
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The following resolution was introduced by Commissioner Kennedy, Who
moved its adoption:
RESOLUTION NO. 88-986
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $6,621.50
lROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, TO
COVER THE COSTS ASSOCIATED WITH THE USE OF BAYFRONT PARK
IN CONNECTION WITH "CRACKDOWN ON CRACK" TO BE CONDUCTED BY
TEENS GUIDE OF LIFE ON OCTOBER 29, 1988; FURTHER
STIPULATING THAT IN THE EVENT THAT THE ORGANIZERS MAKE ANY
PROFITS, THE. CITY WILL BE REIMBURSED UP TO ONE HUNDRED
PERCENT OUT OF THE REVENUES, SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24,
1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
55. BEACON COUNCIL: Commissioner Plummer to represent City.
Mayor Suarez: Item 25. This was my item, Mr. acting City Manager.
Basically, my understanding is that the Beacon Council was being represented
from the City by the City Manager who has not exactly been attending and I
proposed instead, since it didn't sound like something that he was all that
excited about and some Commissioner might be willing to be the City's
representative, that we have a City Commissioner instead. And since you're,
I'm sure empowered to speak on his behalf and approve anything like this, that
we'd...
Mrs. Kennedy: Mr. Mayor....
Mr. Sergio Rodriguez: There is no objection from his part as to your
recommendation.
Mrs. Kennedy: Commissioner Plummer has expressed an interest and I'd like to
nominate him to serve on this board.
Mayor Suarez: And he's also promised to resign from the South Florida
Regional Planning Council and do a few other things. OK, we have a motion.
Mrs. Kennedy: Yes, sir. I don't think we have a second.
Mayor Suarez: I'll second it, I'll second it.
Mr. Plummer: Call the roll.
153 October 27, 1988
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-987
A RESOLUTION APPOINTING COMMISSIONER J.L. PLUMMER, JR. TO
SERVE AS THE CITY OF MIAMI REPRESENTATIVE ON THE BOARD OF
DIRECTORS OF THE BEACON COUNCIL.
(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 Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: I have three or four items of correspondence from the Beacon
Council which I'll instruct my staff to pass over to you right away.
56. APPROVE BAYFRONT PARK TRUST BUDGET 1988-89
Mayor Suarez: Bayfront Park Management Trust budget.
Mrs. Kennedy: OK, Mr. Mayor. Let me just tell you, before we start that the
park has now been in existence for six months, we have had 19 paid events and
19 free events. It has brought people downtown because people are really
coming to Bayfront Park for these events.
Mayor Suarez: Have the paid events produced some revenue over and above the
expenses?
Mrs. Kennedy: Yes, sir, and will look into that.
Mayor Suarez: Cuanto? Does anybody know?
Mrs. Kennedy: Yes, of course, we have the budget.
Mayor Suarez: Before these guys get wound up and the Vice Mayor gets wound up
in the presentation, what's the bottom line? How much have we made?
Mr. Osmundo Martinez: For the year ending September 30th, we have $57,000.
Mrs. Kennedy: Fifty-seven thousand.
Mr. Plummer: Is that your total revenue take in?
Mr. Martinez: No.
Mayor Suarez: That's net of whatever expenses.
Mr. Martinez: Yes, yes it is, Mr. Mayor. It...
Mayor Suarez: You're not getting ready to contradict any of that, are you?
Good. We agree on the figures at least.
Mrs. Kennedy: Which means that the park has been more successful than we ever
thought it would be.
Mr. Plummer: Well, let me ask a question. What was your total take in
revenue?
154 October 27, 1988
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Mr. Martinez: We received, Commissioner, $45,753 of additional operating
revenue and eighty-eight, seventy - $8,070 from the grand opening ceremonies.
Mr. Plummer: How much?
Mr. Martinet: $8,870.
Mr. Plummer: That's above the forty-five?
Mr. Martinez: Yes.
Mr. Plummer: So, it's roughly fifty-three?
Mr. Martinez: That's right.
Mayor Suarez: I thought you said that was your net profit, roughly, fifty
some thousand.
Mr. Martinez: No, our balance at the end of the fiscal year and except
September 30th was fifty-seven, six forty-four. We had a little...
Mr. Plummer: So, in effect, you're operating last year - we gave you
$135,000...
Mr. Martinez: That's right.
Mr. Plummer: So, you have 453,000 on top of that?
Mr. Martinez: Right, our...
Mr. Plummer: Of your net, at the and was how much, fifty-seven?
Mr. Martinez: Fifty-seven, six forty-four.
Mr. Plummer: Fifty-seven. All right, so that's twelve, eight, nine - so you
had $192,000 operating budget for last year. In effect?
Mr. Martinez: $189,623 was the total revenue from...
Mr. Plummer: One eighty-nine?
Mr. Martinez: Commissioner, have you seen the audit?
Mr. Plummer: Briefly, I saw something this morning.
Mayor Suarez: Why is it so complicated? Somebody give us the figures nice
and simple here.
Mr. Rodney Barreto: It's a hundred and eighty-nine, Mayor.
Mr. Plummer: OK.
Mayor Suarez: An audit for our own facility by our own trust with our own
attorney friends handling it.
Mr. Plummer: That's this book here?
Mr. Barreto: Yes.
Mayor Suarez: I don't want to see any of your audits, I just want simple
numbers. How much money did we take in? Not from the City, I know we gave
you a hundred and whatever the thousand.
Mrs. Kennedy: A hundred and thirty-five.
Mayor Suarez: And how much money was spent to see if we're, you know, from
the operations of the park are making money?
Mr. Martinez: From the top.
Mayor Suarez: Aside from our budgeting.
155
October 27, 1988
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Mr. Martinez: Total revenue, $159,000.
Mayor Suarez: That includes our gooney.
Mr. Martinez: It includes $135,000,
Mayor Suarez: That's hardly revenue, that's City money.
Mr. Martinez: It includes $135,000 from the City, yes.
Mayor Suarez: So the total money that you made on events was how much? The
difference.
Mr. Martinez: Fifty-four, six twenty-three.
Mayor Suarez: OK, what were the total expenditures of the trust?
Mr. Martinez: $131.979.
Mr. Plummer: So we gave you too much money.
Mr. Martinez: By about approximately $3,000.
Mr. Plummer: All right, the $57,000 that you presently have in the account
now, that is carry over.
Mr. Martinez: Yes.
Mr. Plummer: OK? So what you're asking us for is to subsidize $125,000. It
depends on who we give the maintenance to.
Mrs. Kennedy: Well, not really.
Mr. Plummer: Oh, yes.
Mr. Martinez: No, that's not our budget.
Mrs. Kennedy: No, because our total budget...
Mr. Plummer: Excuse me, I'm not asking what your budget is, I'm asking
reality of what you're asking of the City.
Mayor Suarez: Asked another way, what do you expect to make from operations
of the park, aside from our money, in the next fiscal year?
Mr. Martinez: 4110,000 is the projected revenue.
Mayor Suarez: OK and what do you expect to spend? What do you need to spend,
you think, to maintain the park at a reasonable level?
Mr. Martinez: Four hundred and thirteen...
Mrs. Kennedy: $413,000.
Mr. Martinez: Including the hundred and ten or aside from the hundred and
ten?
Mr. Plummer: Less the $57,000.
Mayor Suarez: Including the hundred and ten, what does the hundred and ten
have to do with it? We're talking about expenditures for operating the park.
Not revenues, not City money, not anything.
Mrs. Kennedy: OK, if I could simplify, Mr. Mayor... if I could just...
Mayor Suarez: Whit does it cost, that side of the equation, counselor?
Mr. Barreto: Our operating budget, Mr. Mayor, is four hundred and....
Mayor Suarez: It's fun to have you as a witness instead of as an opposing
attorney.
156 October 27, 1988
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Mr. Berreto: OK, four hundred and thin... we never been (Tape 13) opposing.
Your hundred and thirteen thousand is the total...
Mayor Suarez: It costs $413,000 to operate this park7
Mr. Plummer: But that include maintenance.
Mrs. Kennedy: Teo.
Mr. Barrato: That includes maintenance of the park.
Mrs. Kennedy: The maintenance for the whole park.
Mr. Plummer: Right.
Mr. Barrato: OK, $110,00 is the revenue that we will generate outside of the
City's coffers. Three hundred and three thousand dollar is then the money —
that we have as a short fall. The Parks Department has $175,000...
Mayor Suarez: Budgeted for it.
Mr. Barreto: ... allocated for just maintenance of the park.
Mr. Plummer: That's from the four thir... from the four... no, five twenty-
three.
Mr. Barreto: That's from the three oh three, Commissioner.
Mayor Suarez: That's our budget, that's our...
Mrs. Kennedy: That's right, in the budget.
Mayor Suarez: That's our budget. So you have a short fall.
Mr. Barreto: So, with $175.000 is to the City's budget if they maintain the
park, the Parks Department. So, therefore, what we're asking for is $238,000
for the entire year. Last year we asked for a five month period, $135,000.
So, it's $238,000 aside from the maintenance of the entire park.
Mr. Plummer: And your operations is $110,000, so you deduct that from it.
Mr. Barreto: I've already deducted the hundred and ten.
Mr. Plummer: No.
Mrs. Kennedy: No, you deducted 4175,000 from $413,000, giving you a total of
tvo thirty eight.
Mr. Barreto: Right, well, yes.
Mrs. Kennedy: But...
Mayor Suarez: And then, you expect to make a hundred and some thousand.
Mr. Barreto: A hundred and ten.
Mr. Plummer: How much do you expect to make this year?
Mr. Barreto: A hundred and ten thousand.
Mrs. Kennedy: A hundred and ten.
Mr. Plummer: All right, so you deduct the hundred and ten from the two
thirty-eight, correct? That leaves you with eight, two, a hundred and twenty-
eight.
Mr. Katz: I've already deducted it.
Mayor Suarez: Right.
Mr. Barreto: Correct.
157 October 27, 1988
Mr. Plummer: Then you take the fifty-seven and carry over...
Mayor Suarez: Right...
Mrs. Kennedy: But do you want us to put the hundred and ten or do you want us
to have any reserve?
Mayor Suarez: Why? The reserves are always us anyhow.
Mr. Plummer: You don't need a reserve, we're subsidizing. Am I correct?
Mrs. Kennedy: OK, go ahead.
Mayor Suarez: Are you going to take a little extra trip to somewhere, is that
what you...
Mrs. Kennedy: No, not at all.
Mr. Plummer: So, what you're looking us...
Mrs. Kennedy: It's just that, you know, it's never been clarified, if
anything breaks, Ira has been paying things out of our money.
Mr. Katz: Commissioner Plummer, I might want to add something to that. Since
you reorganized this trust about back in February and you appointed, each
Commissioner appointed his representative, last year the previous trust
administration came up here and asked you for $860,000...
Mr. Plummer: And we laughed at you.
Mr. Katz: Right, and this group that.... it was the previous administration
before you reorganized your trust and put your own representatives on the
trust, today we bring you a budget of $413,446 that's inclusive of
maintenance, that's inclusive of a comprehensive marketing program for the
park, that's inclusive of all our administrative cost.
Mayor Suarez: Time out. What are you talking about, comprehensive marketing
program for the park?
Mr. Katz: When I mean a comprehensive marketing program, we're going to be...
Mayor Suarez: I thought we had people beating down our doors to use the
amphitheater and we sure as heck don't need to market the rest of the park
because it's a park like any other park. We don't market parks.
Mrs. Kennedy: But we do market the amphitheater, Mr. Mayor.
Mr. Katz: But, Mayor Suarez...
Mayor Suarez: I thought we had people that we kept hearing that we had people
beating down our doors to use the amphitheater?
Mr. Barreto: Mayor, if I may, this is the reason why we have $57,000 in our
budget left over is because we are marketing the park and we have people call
in from all over the State of Florida...
Mayor Suarez: So, you need a lot of money to market the park?
Mr. Barreto: Well, it's not a lot of money.
Mayor Suarez: So you can get that many more events to produce more money
except that it doesn't seem like you're going to produce any more than last
year when we didn't do any marketing, did we?
Mrs. Kennedy: We did some marketing, yes.
Mr. Barreto: We did do marketing.
Mayor Suarez: But we used donations to do the...
Mr. Barreto: No, no, no. We spent...
158 October 27, 198$
a 0
Mayor Suarez: How did we market last year?
Mr. Barreto: Last year we did some advertising in some national
publications...
Mr. Plummer: OK, I don't have any problem with that. OK, I think you've got
to promote - it takes money to make money. But what I'm seeing is a
difference of $71,000 is what you're asking the City for. It's just that...
Mr. Barreto: Mr. Mayor, also...
Mayor Suarez: Oh, it's about $130,000, I think.
Mr. Barreto: Also, I'd like to...
Mr. Plummer: No. No, no, if you take the hundred and twenty-eight and you
take the carry over...
Mayor Suarez: Oh, yes, if you take the surplus, right, I'm sorry.
Mr. Plummer: ... you take the carry over and if you want to leave $10,000 of
it there for contingency, I have no problem with that.
Mayor Suarez: Yes, some reserve should be kept in. Some reserve should be
kept in because we don't want them, at any point, to run out of money either.
They have a cash flow situation, I'm sure.
Mr. Barreto: Mayor, I'd like to also point out the fact on March 15th, 1988,
Walter Golby then the Park Director for the City of Miami, presented his
overall budget to the City Commission. Just for maintenance of Bayfront Park,
4370,000. And we, as a trust, come to you with an overall budget...
Mayor Suarez: Yes, that's why he's not the parks director any more.
Mr. Barreto: Well, I figured that, but I figured I'd still need to bring that
up.
Mr. Martinez: Mr. Mayor, it is a realistic budget. It is certainly not a
laughable one like last year's as the Commissioner pointed out.
Mayor Suarez: We're going to hear from Lori Weldon. Let me say this...
Mr. Martinez: No, Lori is part of the conservative...
Mayor Suarez: She's part of the conspiracy, I know.
Mr. Martinez: No, no, not conspiracy, cost saving.
Mayor Suarez: OK, once again, for the purpose of the newspapers and my fellow
Commissioner and my fellow Vice Mayor, I just want to say again the newspapers
ILI have managed somehow to misquote us on this issue because they have me down as
somehow being opposed to your trust handling the whole park and that was not
ZZ the position, as I explained.
Mr. Plummer: N000000. Not the Miami Herald.
Mayor Suarez: I said that I...
Mr. Plummer: Ronnie.
Mayor Suarez: ... had not heard sufficient reasons why it should be expanded
beyond the amphitheater, but that I would want to follow the consensus of this
Commission. Somehow, that particular quote, Mr. Ronnie Ramos...
Mrs. Kennedy: Right...
Mr. Plummer: Mr. Ramos, will you stand up so we can publicly flog you again?
Mayor Suarez: ... did not find it's way into the paper.
159 October 27, 1988
f
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Mrs. Kennedy: I think, Mr. Mayor, that it gave the impression that we were
going to lay off people and that is not so because the crew that is cleaning
Bayfront Park and maintaining Bayfront Park is actually doing the maintenance
on Bicentennial and Watson Island. So...
Mayor Suarez: Is that the crew right there?
Mrs. Kennedy: That's his after hours group.
Mr. Plummer: Can I make a suggestion?
Mayor Suarez: This is the management crew here.
Mrs. Kennedy: but, no, let me finish making my point, please, because it is
important so we do hire our own people, we are not laying off anybody. They
would just continue the work on Watson Island and the other parks.
Mayor Suarez: Well, that's a very good point. That's a very good point
before we get into the cost savings that I'm sure Lori Weldon is going to
Impose and everything else.
Mr. Plummere Let ■e tell you what I... can I tell you what I suggest?
Mayor Suarez: What are we talking about in terms of personnel? I just want
to clarify one thing that she just said?
Ms. Lori Weldon: OK, well...
Mayor Suarez: If, in fact, we were to give somehow management to the trust as
opposed to the City, to me it's all the same because it sounds like we're an
agency of the City anyhow, what does that do to the people who'd be working to
maintain the park? They're not City employees, then, is that what you're
saying?
Mr. Fernandez: No.
Mr. Barreto: Those who are presently who maintain the park at this day, are
City employees, but they're doing...
Mayor Suarez: They have to be because we have not previously allowed any
other agency - I think we allowed the trust to hire Mr. Katz, basically. Who,
by the way, was hired away from the City, so, and probably gets all kinds of
V.ty benefits, don't you? Aren't you still? No?
Mr. Barreto: No, sir. No, sir, he doesn't.
Mayor Suarez: You're totally independent employee?
Mr. Fernandez: Yes.
Mr. Barreto: He's totally independent, paid by the trust.
Mayor Suarez: OK, beyond him, we have not allowed the hiring of anyone else.
Are you talking about using now existing City parks department personnel that
would be under...
Mr. Rodriguez: No.
Mr. Darreto: No. No, what we're going to be doing is - the people
maintaining the park right now are being pulled from other resources, I. e.,
Bicentennial Park, Watson Island, crews and...
Mr. Plummer: Well, what's the big deal? Either you do it or we do it and the
numbers are there?
Mr. Barreto: Correct. Right, well we're going to in essence, what we're
going to do is we're going to create more jobs for the community because we're
going to be hiring eight new people.
Mayor Suarez: Anytime you give me more money, I can create new jobs. I mean,
that...
r
160 October 27, 1968
Mr. Plummer: Teo, but obviously if the City people have been doing it now,
there are eight City people that aren't going to be available. I would leave
that to the discretion of the Manager, OK? Let him decide which is best for
this City. Now, let me...
Mayor Suarez: Well, gait, wait, wait, but I'm hearing something here that is
crucial here. If they do the hiring, if they do the management, they do the
hiring, we don't. So, you're not leaving it to the discretion of the Manager
then. Oh, I know, but on the other hand, he's talking about savings from not
having City employees. Let's get clear. Why do you need to have a separate
hiring entity here and not just simply have the Manager allocate X number of
parks employees to the park?
Mr. Barreto: Because we cannot only do it more cost efficient, Mayor, but we
can also run the park in a more efficient manner. If there's a problem right
now in the...
Mayor Suarez: More efficient than the Manager?
Mr. Plummer: You can't, under the contract.
Mayor Suarez: Since he's away, you may as well say it.
Mr. Rodriguez: I disagree with that.
Mr. Barreto: I'll respond.
Mayor Suarez: As acting Manager you...
Mr. Rodriguez: Sure.
Mr. Plummer: Let me ask a question. Mr. City Manager...
Mr. Rodriguez: You, sir.
Mr. Plummer: Refresh my memory - or, I guess, either one of you. Anything
that this trust does, they do with the same provisos that the City, is that
correct, for except a bidding procedures?
Mr. Katz: Yes, sir.
Mr. Rodriguez: Yes.
Mrs. Kennedy: Yes.
Mr. Plummer: In other words, I see here a big number for a PR firm, $61,000,
promotions and PR.
Mayor Suarez: Did you approve that, Miss Weldon?
Mr. Barreto: Where's that?
Mr. Plummer: Nov, is that a single firm, do you go out each time for bidding?
Mr. Martinez: Commissioner, we don't see that in our budget.
Mr. Plummer: Excuse me, I've got it right here. Promotions and public
relations, $61,000.
Mrs. Kennedy: Do you want the City to...
Mr. Plummer: Well, who gave it to me? It was in this little black book you
gave me. Salaries, $166,500; benefits and insurance, thirty-five; promotions
and public relations, $61,000. Then I've got to ask what communications is
for an additional $33,500.
Ms. Lori Weldon: Mr. Plummer, I believe that is a combination figure of
printing, marketing, special events, advertising and...
Mr. Plummer: No, no.
Ms. Weldon: ... perhaps, printing.
161 October 27, 1988
4 0
Mr. Plummer: No, no.
Ms. Veldon: It has to be.
Mr. Plummer: They're listed individually further down.
No. Weldon: No.
Mr. Plumer: What is communications?
Mr. Emory Sheer: Teo, that's correct. It is...
Mr. Plummer: What is communications?
Ms. Weldon: It's a combination...
Mr. Sheer: It's a combination of...
Mr. Plummer: To me, that... as victor says, communications is a telephone.
What is thirty-three, five for communications?
Mr. Sheer: If you look, these figures of $413,446 is also in the detail
budget.
Mayor Suarez: Put your name in the record, please.
Mr. Shear: I'm sorry, this is Emery Sheer, I'm the CPA tiired by the trust.
And those figures are the administrative expenses.
Mayor Suarez: Couldn't get any CPA's to donate their services to the Bayfront
Park Management Trust?
Mr. Sheer: I'm sorry?
Mayor Suarez: Trying to see if we can get some pro bono CPA work here.
Mr. Katz: Mayor Suarez, you may want to add that part of our ordinance when
you created the trust was that we've have the audit completed before budget
presentation and because of the time constraints, Mr. Sheer has done this at a
very, very nominal fee for the trust. And he's also been very helpful.
Mayor Suarez: How nominal is nominal, as long as we're into that.
Mr. Sheer: Thirty-eight hundred dollars is the audit fee.
Mayor Suarez: Well, the thing is, you're really a City agency and I'm not
sure that would - you know, we're actually auditing you before the fact here
and presumably get an audit after the fact. I'm sorry I interrupted you, I
think you were getting to a different point.
Mr. Plummer.: I'm sorry, I asked a question and I didn't hear the answer.
What is $33,000 of communications?
Mr. Sheer: It's made up of the $9,000 postage, the telephone maintenance
system and radio repeater fee of $23,000 and $1,000 of transportation
reimbursement.
Mr. Plummer: What was the last one?
Mr. Sheer: It's a combination of accounts.
Mr. Plummer: OK, what is the radio repeater fee?
Mr. Katz: Let me explain that, Commissioner Plummer, there's a $60 a month
per charge to use radios in the park that we use to communicate for all our
employees. We need them during events, we give the police officers one during
an event so that they can be in contact with us, also the fire....
Mr. Plummer: You don't need them, sir. Don't need them. City of Miami has
96 channels that the policemen all have access to. Why are we paying this
$23,000?
162 October 27, 1968
qw-
Mr. Katt: Well, this is a combinsticn. Not only that, we are very conscious
about safety at the park...
Mr. Plummer: Teo, air.
Mr. Katz: ... they're putting a very comprehensive alarm system, not only in
the laser light tower which I'm sure you're well familiar with, is a major
capital expenditure for the City. We're putting a very comprehensive alarm
systam in the amphitheater. We have hundreds of thousands of dollars worth of
equipment...
Mr. Plummer: But that has nothing to do with a radio repeater fee.
Mr. Katz: It all adds into this communications fee because we have a $600 per
month charge for the alarm system monitoring and that was bidded out among the
City. We got that right from the City procurement division.
Mayor Suarez: When you talk about an alarm system for the amphitheater,
you're not going to restrict access to the amphitheater when it's not being
used, are you?
Mr. Katz: We're not going to restrict, but we put alarm system, Mayor Suarez,
In the main building where we store all our equipment.
Mayor Suarez: OK. Now...
Mr. Plummer: Sure.
Mrs. Kennedy: We're talking about at night when events are finished.
Mayor Suarez: OK and he answered it by telling me it's the main structure.
By the way, the orchestra pit, you've got to do something there because anyone
can walk up on the stage and fall right into the orchestra pit. It's a fall
of about 10-12 feet into concrete and then we're going to have - then our
budget is really going to be messed up by the claim we're going to have.
Mr. Katz: We're working with our project manager, Luther Long, to take care
of that, sir.
Mr. Plummer: Can I have a breakdown on the $61,000 worth of public relations?
Mr. Katz: It's being done right now, Commissioner.
Mr. Plummer: No, I'm not satisfied on the twenty-three because I think the
radio repeater fee doesn't even need to be paid. Mr. is - Ron, I'll be
addressing that with you.
Mayor Suarez: And that figure, by the way, if that is a correct figure, still
puts us at a very low efficiency of promotion versus income, I hate to tell
you guys. I mean, talking about spending sixty some thousand dollars to
generate 4110,000 total?
Mr. Katz: Let me give you a little bid of detail on that, Mayor Suarez.
First of all, proposed budget there's five community concerts planned for the
Bayfront Park. These are community oriented events that the trusts will co-op
and promote with the private enterprise downtown with the various Chambers of
Commerce and civic organizations downtown, that's a projected, and also,
there's a projection in there for the grand opening of Bayfront Park
anniversary the second year. So there's 425,000 for that. In addition to
that...
Mayor Suarez: Another grand opening?
Mr. Katz: Well, it would be our second year anniversary at Bayfront Park and
that will be...
Mrs. Kennedy: First anniversary, Bayside had their celebration...
Mr. Plummer: Yes, but they're private.
163 October 27, 1988
6
Mr. Katz: In addition, I may want to - when we way marketing, special events,
that $25,000 will enable us to put. five community concerts on. I might want
to add that one thing, if we can just drop back from the small picture and
look to the bigger picture, that this year the Bayfront Park....
Mayor Suarez: OK, well that's really not - by the way, just for future
purposes and a suggestion, don't put that in as marketing then. If we're
talking about community events that you're sponsoring and that the Commission
might very well feel are ideal for the amphitheater, because I presume you're
talking about the amphitheater there, then maybe you ought to put. that as a
separate part of your budget; just community projects, community promotions,
community whatever.
Mr. Plummer: Well, let's put it more on the record. They're not sponsoring
It, we are because we're subsidizing it.
Mayor Suarez: Yes, they and we are pretty interchangeable.
Mr. Martinez: Mr. Mayor, the budget that the members of the finance
committee, budget committee and the trust as a whole....
Mayor Suarez: You have a finance committee and a budget committee within the
trust?
Mr. Martinez: Within the trust, one committee, is the legal size sheet that's
the page following the - the two pages following with the Commissioner,
Commissioner Plummer is orchestrating, or reviewing, rather.
Mr. Plummer: I can't find more than forty.
Mayor Suarez: Let's go with your recommendation, OK.
Mr. Martinez: That list is broken down, $23,000 was the telephone system
which includes not only the leasing of the phone system, or purchase of the
phone system, but the actual long distance and local service fees for four
lines. So it is not - it has been lump sum qualified as promotions. It is
not promotions. We looked at it as a trust in the item by item, Commissioner.
Mr. Plummer: Well, no, no, no. You're mixing apples and oranges now.
They're two separate numbers, the total of the two is $94,000. Yes, $33,000
and sixty-one is ninety-four, anyway you look at it.
Mrs. Kennedy: ... out of the sixty-one thousand final...
Ms. Weldon: What he is saying, excuse me, is the sixty-one thousand was
totaled as a part - as being the - where am I? -the twenty-five thousand for
marketing and special events, printing, membership and subscriptions and
advertising, if we...
Mr. Plummer: No, no, no, no, that is not promotions and public relations.
Ms. Weldon: OK, that was a mistake on our part in terming it as such but that
is what we meant. The sixty-one thousand is those totals.
Mr. Plummer: But you've got it listed other places, my dear.
Ms. Weldon: No, no, no. This budget...
Mr. Plummer: What is the capital outlays?
Me. Weldon: This...
Mr. Plummer: What is other?
Ms. Weldon: This adds up to all these lined items. As you see, it will come
out to the same amount on the second sheet following.
Mr. Plummer: I still ask for the breakdown of the 461,000. I can only find
out your breakdown...
Ms. Weldon: See, that's what I'm trying to express to you. That is our
breakdown. If we are in error in terming it, terming these services as
164 October 27, 1988
promotions and public relations, so be it, but the breakdown is the $25,000,
the $1,500 for membership and subscriptions, $15,000 for printing....
Mr. Plummer: Wait a minute, wait, wait, wait, wait a minute. Membership and
subscriptions, $1,500, OK.
Me. Weldon: OK, marketing and special events, $2,500.
Mr. Plummer: Marketing...
Mrs. Kennedy: Twenty-five thousand.
Me. Weldon: Twenty-five thousand, I'm sorry.
Mr. Plummere Slight difference.
Me. Weldon: OK, advertising, $15,000.
Mr. Plummer: Correct.
Ms. Weldon: And the $1,000 transportation reimbursement.
Mr. Plummer: OK, what else?
Ms. Weldon: That's it, isn't it?
Mr. Plummer: No, because that comes to a total...
Ms. Weldon: Oh, I'm sorry, the $2,000 business and travel, business travel.
Mr. Plummer: OK, what else? Because that comes to a total of...
Mr. Rodriguez: Fifty-nine.
Mr. Plummer: ... about forty-four hundred dollars, forty-five thousand
dollars. Where's the other - between that and sixty-one?
Ms. Weldon: OK, that would, I guess, would then include the courier and
messenger....
Mr. Plummer: Because then - wait a minute now - I'm going to ask you to break
down communications because I think some of that is listed there. And that's
an additional thirty-three. Where's the other sixteen thousand dollars under
promotion?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I'm asking them.
Mr. Martinez: If you were using the detailed budget, I think you'd have a
better picture of it.
Mr. Plummer: I have two here and I'm trying to make heads nor tails.
Mr. Martinez: All right...
Mr. Plummer: What has been outlined for the $61,000...
Mr. Martinez: Sixty-one thousand dollars is business travel.
Mr. Plummer: Wait a minute, hold on, OK.
Mr. Martinez: Conference registration, $1,500.
Mr. Plummer: Conference registration?
Mr. Martinez: Registration.
Mr. Plummer: That's promotion or advertised?
Mr. Martinez: It was a combining of these - all these items.
165 October 27, 1968
Mr. Plummer: OK, all right, I'll give you that one.
Mr. Martinez: you can't - transportation reimbursement, $1,000.
Mr. Plummer: All right.
Mr. Martinez: Printing, $15,000.
Mr. Plummer: All right.
Mr. Martinez: Membership and subscriptions, $1,500.
Mr. Plummer: OK, that'll do it, that'll do it. Now break down the thirty-
three.
Mr. Martinez: Communications, OK. That is $9,000 in postage.
Mr. Plummer: OK.
Mr. Martinez: Twenty-three thousand in the telephone maintenance and repeater
fee.
Mr. Plummer: What?
Mr. Martinez: That's nine and the twenty-three thousand.
Mr. Plummer: Break that down a little bit further for me. How much is
telephone?
Mr. Katz: Telephone right now is about $800 a month.
Mr. Plummer: $800 a month. How many lines do you have going in there?
Mr. Katz: We have two concert lines and two public lines.
Mr. Plummer: Two concert?
Mr. Katz: Well, we get almost - right now, we're monitoring, we have a new
monitoring system for the amphitheater and we're getting, right now, probably
about 175-200 calls a week about our concerts that we're having.
Mr. Plummer: OK, so $800 a month is $8,000. Where...
UNIDENTIFIED SPEAKER: ... watts line?
Mr. Plummer: Where is the other $15,000 in communications?
Mr. Katz: There's a $600 a month alarm service charge, Commissioner, for the
three alarm systems that we have in the park that we'll be putting in.
Mr. Plummer: OK, that's fourteen. Go ahead.
Mr. Katz: In addition to that, there's also a $60 per month radio repeater
fee which is what we talked...
Mr. Plummer: That's a thousand, that's fifteen. Where's the other eighteen
thousand?
Mr. Katz: We're also proposing, because we're moving the project manager,
Luther Long, down to Bayfront Park and we also have to have equipment for the
park supervisor who have to...
Mr. Plummer: No, excuse me, where is it in here?
Mr. Katz: Let me explain what that is, they were going to buy three new
telephone sets that we have to purchase because we have three more employees
that would be have to have telephone equipment.
Mr. Plummer: That's another thousand?
Mr. Katz: It's not, because when you have seven sets, you have to put in - it
has to go into the main transformer and the way that the park was constructed,
it's a very complex not up.
166 October 27, 1988
Mr. Plummer: I'll give you a thousand, that's sixteen.
Mr. Katz: Under the procurement bids that we received for the three phone
sets, Commissioner, it's roughly about $6,500 to put those three...
Mr. Plummer: Three phones for $6,5007
Mr. Katz: Commissioner, let me explain to you why...
Mr. Plummer: Please do.
Mr. Katz: ... why that procurement is... the May the park was designed is
that unfortunately, and I'm not criticizing the consultant on this, but when
the park was designed, the phone lines have to go to a main system, there has
to be a whole cable formation put back in the park, there also has to be a
line transformer from the amphitheater back to the office. I didn't design
that system, I wasn't hired to design that system, I'm only implementing what
the system was designed and those procurement bids came right from your City
procurement division.
Mr. Plummer: And what are those phones being used for?
Mr. Katz: Those phones will be used by Mr. Long who'll be moving down to the
park with us to be right on site...
Mr. Plummer: Why?
Mr. Katz: ... so that when we have problems with the construction or can
detail the construction, he'll be right on site. Also, we'll be having a park
supervisor and we'll also be staffing this park 24 hours a day, seven days a
week.
Mr. Plummer: Well, what has that got to do with...
Mr. Katz: One person will have... the rotating person, the security person,
will also need a phone. So there will be a phone for Mr. Long, there will be
a phone for the park supervisor and the security rotating person will also
need a phone. And those bids came directly from the procurement division and
were GSA bids.
Mr. Plummer: OK, that's 20, we're 13 thousand more. I don't agree with that,
by the May, I think it's absolutely out of question, but I'll give it to you.
Where's the other 13 thousand?
Mr. Katz: Then we get into, Commissioner, the postage which...
Mr. Plummer: No, no, the postage is taken care of. That's - I'm talking
about the other.
UNIDENTIFIED SPEAKER: Between what, the thirty-three five and the...
Mr. Plummer: Well, we're working right now on the twenty-three which is a
part of the thirty-three, yes.
UNIDENTIFIED SPEAKER: And how much are you on the twenty-three?
Mr. Plummer: On that, you're only $3,000 off.
UNIDENTIFIED SPEAKER: Does that include the repeater?
Mr. Katz: Yes. Also, I want to go on the record and say, we're going to try
to be more cost effective with the phone system. We're going to put a SUNCOM
line in there this year so that would help minimize the expenditure,
Commissioner.
Mr. Plummer: Ron Williams, if you ever come in here with three telephones for
46,500, I'll skin you alive. I'm asking where the other money is.
Mr. Katz: Based on... there's a little bit of a cushion in that budget...
167 October 27, 19SO
Mr. Plummer: Nov comes, here's what I've been looking for, it took you a long
time to get there.
Mrs. Kennedy: He's a good administrator.
Mr. Katz: Based on... but, Commissioner, there's a reason...
Mr. Plummer: It took you a long time.
Mr. Katt: There's a good reason why there's a cushion there, is...
Mr. Plummer: Well then, I - no, because you're going to hurt yourself now,
because I just committed to Commissioner Kennedy to put a $29,000 contingency
fund which I'm going to deduct from, so be careful, go ahead.
Mr. Katz: OK, the reason why in, again I hate, I'm not...
Mrs. Kennedy: Don't ass it up.
Mr. Katz: ... I'm not chastising the design contract people, but the problem
Is, again, with the design, there's an enormous amount of charges that we've
received that we've even been responsible for as the Bayfront Park Trust for
the phone system. We've had to dig up the whole entire cable system that was
laid and put conduit so we need to have that money there for in the event that
those charges occur again.
Mr. Plummer: Excuse me, I - look, I don't necessarily agree that Mr. Long and
the park supervisor, who have not been on premises all through construction,
now have to suddenly be there. I think it's money that's not well spent, I'm
going to give you my personal opinion. Mr. Long operates very well out his
present office, he's ten minutes away, you're spending roughly what, a little
over $2,000 a phone, just for a phone? And you've been operating during
construction and everything without it. I think it's money not being spent
well and I have to voice my opinion. What are you mailing out 36,000 letters
a year for?
Mr. Katz: First of all, Commissioner Plummer we're mailing out right now just
within the civic organizations in town, we're doing a major mail out of alone
of 1200 to 1500 schedules a month that we get from the Chamber of Commerce,
the various business associations in downtown. We also want to do a big
holiday brochure that would expose Miami all over the country and that's...
Mr. Plummer: I'm speaking of postage, sir.
Mr. Katz: I'm talking about....
Mr. Plummer: Postage, you're showing in your postage budget that you are
mailing 36,000 pieces a year. Where's it going?
Mr. Katz: What we're doing, right now, we're mailing alone every year but
this projected year, we'll mail between twelve and fifteen thousand schedules
out, alone. That's monthly on a schedules to civic organizations, business
people, who ever calls the Bayfront Park Amphitheater and wants to get on our
mailing list. We've computerized our system to be cost efficient. In
addition to that, we want to mail out a holiday brochure to all the promoters,
we oleo want to mail out an information packet talking about the amphitheater
and this is all part of our comprehensive marketing program.
Mrs. Kennedy: And let me just may something interesting for the record, I was
out of here for a moment. I don't know if you brought it up earlier, but the
City of Miami in the year 1984 spent 4379,000 maintaining Bayfront Park and
there woo nothing there. It was a simple eyesore in the middle of the
community.
Mayor Suarez: When was that?
Mrs. Kennedy: 1984, we have all the records.
Mr. Katz: Again, Vice Mayor, just to add to that picture, the thing that I
like about this is that the $54,000 that we generate revenues, if you use a
simple multiplier of 3, you have to figure that the Bayfront Park in just six
months of existence has put in between two hundred and two hundred and fifty
168 October 27, 1988
9 •
thousand new economic dollars to downtown, more importantly, we're getting
great response for...
Mayor Suarez: Where do you get your multipliers from, some table somevhere7
Mr. Katz: Well, that's a conservative multiplier, Mayor...
Mayor Suarez: That's OK, that's...
Mr. Katz: ... and in addition, more importantly is that the businesses
downtown...
Mayor Suarez: The multiplier I'm interested in is people using the park.
That's...
Mrs. Kennedy: Yes, why not, they're ready to move it, so do you, go
ahead...
Mr. Plummer: No, I'm ready to go further.
Mr. Katz: In addition, businesses downtown and people like Off Street Parking
benefit because people park their cars and they spend money with Off Street
Parking coming to our events, restaurants are staying open downtown, new
businesses on Flagler Street are staying open, so I think you have to look at
the overall impact of the park.
Mayor Suarez: We're very committed to Bayfront Park, I don't think you have
to get into the philosophy here. We're looking at the...
Mr. Plummer: My final question. What are you doing with $20,000 worth of
fertilizer?
Mr. Katz: And Commissioner Plummer, that was....
Mr. Plummer: Don't answer it, that's all right.
Mrs. Kennedy: He just wanted to make a joke out of it, Ira, don't take it...
OK, go ahead.
Mr. Plummer: All right, Mr. Mayor, here's what I agree to. I agree, and let
me follow these numbers through if I may, the $413,000 less the one seventy-
five and we'll leave it to the Manager to decide whether he wants to do it or
the park will do it. It's immaterial, the money will be dedicated. That
brings you down to two thirty-eight. A $110,000 anticipated revenues brings
it down to one twenty-eight. Fifty-seven thousand carry over brings it down
to $71,000. I am in accord to give subsidy from the City of $71,000, an
additional $29,000 in a contingency which only can be spent by approval of
this City Commission. I so move.
Mrs. Kennedy: I think that it's going to be hard, but we can live with it and
I second.
Mr. Plummer: You can always come back.
Mayor Suarez: So moved and seconded except for one thing.
Mr. Plummer: Yes, air?
Mayor Suarez: You've got to do more than just leave it up to the Manager
because otherwise we don't even know what kind of a legal entity they have.
In other words...
Mr. Plummer: You're speaking in reference to the maintenance?
Mayor Suarez: Yes, and how the budget is going to be applied. What is the
agency that we're giving this money to or are we just giving it right back to
the Manager who may or may not be advised by the trust? Obviously he would be
advised by the trust members but I think we have to make that decision and
make that part of the motion. Which way do you want to go on it?
Mr. De Yurre: Mr. Mayor....
169 October 27, 198$
Mr. Plummer: Well, then let the Manager tell us immediately then. Which way
do you want to travel?
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: Commissioner, maybe the Commission ought to make a policy
decision at this point. I think we ought to really.
Mr. De Yurre: Well, I'll tell you something, this has been going on for -
Jesus, I've been here almost a year now and it's been here with me all along -
I feel that we have responsible individuals working in that trust. and I think
that we have to give them the benefit of the doubt to make this thing work and
we got Commissioner Kennedy that's overseeing this whole situation. I'm in a
position to approve this budget and let them run the park totally as with the
parameters that we have set that we have final say over dissolving this thing,
but I think that you guys deserve a chance to make it run properly and, you
know...
Mr. Plummer: Give them the maintenance?
Mrs. Kennedy: Yes.
Mr. De Yurre: Including everything.
Mr. Plummer: Well, the problem is what you're doing then is - what was your
figure for maintenance, it was less than the one seventy-five? One forty-
three?
Mr. Katz: It was $143,000. It was for personnel and then...
Mr. Plummer: A hundred and forty-three? So, in other words, that would drop
that figure down by another $32,000? -
Mr. Katz: No, sir, because there's a capital outlay that the trust will have
to make in terms of equipment purchases.
UNIDENTIFIED SPEAKER: Lawnmowers and such.
Mr. Plummer: How much?
Mr. Rodriguez: Fertilizer.
Mr. Katz: Fertilizer.
Mr. Barreto: There's a lot of equipment in this budget that's $14,000.
Mr. Fernandez: Capital improvement fertilizer.
Mr. Plummer: I want to tell you, this whole budget's fertilizer.
Mr. Katz: Fertilizer.
i Mr. Martinez: There's a lawn equipment purchase of $14,000, Commissioner, and
$4,000...
Mr. Plummer: Will $175,000 do it with the equipment?
Mr. Katz: Yes, sir.
Mr. Plummer: All right, then my numbers stay the same and that's what I move.
Mrs. Kennedy: All right, I think that we'll maintain the park in a very nice
way and you'll be proud of the trust. Thank you for the confidence.
Mayor Suarez: You're in full agreement?
Mr. Plummer: Can I ask one question now that I got you across a barrel?
Please, and I make this in all sincerity, can we have five designated parking
spaces
170 October 27, 1988
a
there to the back for the Commission. You know, really, I am tired of
fighting with that guy down t.herel
Mr. Barreto: Commissioner, if...
Mr. Plummer: When I am going there giving up my Sunday afternoon to represent
this City, I've got to go down there and fight with the guy who said, who are
you?
Mr. Barreto: 1 don't know how that can be. You got your name on your car
everywhere, I don't see why...
Mr. Plummer: The problem is, he can't read!
Mr. Barreto: There we got a problem!
Mayor Suarez: They expect him in a hearse.
Mr. Plummer: Can we please have five designated parking spaces?
Mr. Barreto: To respond to that, yes, sir. It's being worked on right now.
Mr. Plummer: Thank you. You know, and I am not asking in a selfish way, but
when you want me to go down there, and you want me to represent this City, I
don't think one of the five of us should have to go through the process of
identifying ourselves and all the rest that goes with it.
Mr. Barreto: Actually, we are in the process of putting some security
out there to...
Mr. Plummer: Please. Thank you. Call the roll.
Mayor Suarez: It is even worse when you send someone on your behalf, as I
have had to do when I send my wife in my behalf, trying to get them to
understand who she is. OK.
Mr. Plummer: Knowing your wife, she will damn well tell them in a hurry.
Mayor Suarez: She usually tells them, "Move out of my wayl"
Mrs. Kennedy: She tells him, "Who are you?"
Mr. Plummer: She's more enforcement thsn he is.
Mr. Rodriguez: In this agreement, when you mentioned the $175,000 going for
maintenance, that means no involvement by the City at all in maintenance of
any kind, right.
Mr. Plummer: That is correct and let's clarify that. That's from the
Intercontinental Hotel to the Port causeway, from Biscayne Boulevard to the
water.
Mr. Barreto: No, no. Wait.
Mr. Plummer: That's not Bayfront Park?
Mr. Barreto: Well, we are not going to maintain Bayside.
Mr. Plummer: No, no, not Bayside, no, no.
Mr. Barreto: OK, to Bayside.
Mayor Suarez: To the edge of Bayside.
Mr. Plummer: Everything excluding the property owned by Bayside.
Mr. Barreto: Yes, sir.
Mr. Rodriguez: And no maintenance by the City at all.
Mr. Plummer: That's correct, sir.
171 October 27, 1988
f 'j
Mayor Suarez: Part of
the reason that I am going to vote for this, is I was
trying to explain to
The Miami Herald reporter and he
didn't seem to
understand, at least didn't reflect
in his article the way I
felt about, is I
Wanted to see the process that would
take place today, bPcaUSP
I wanted to see
how involved the trust
members Were,
particularly those trust
members that are
representPd here, the
three of you,
basically, not some of
the other trust
members who are very
nice people,
but I don't think they
could manage a
$400,000 trust...
Mr. Plummer: Mr. Mayor...
Mayor Suarez: A $40,000 trust...
Mr. Plummer: Mr. Mayor, let me just put on the record, in my office this
morning was my designee, who is Eloy Vasquez and I think they will all attest
that he has been a very valuable asset to that committee.
Mayor Suarez: Basically, the appointments that we made, as opposed to the
other, that sort of came from...
Mr. Barreto: I think that needs something to be looked at an addressed at a
later time, Mr. Mayor.
Mayor Suarez: But that's not the point I'm trying to make. What I hoping is,
that by allowing a separate agency and following Commissioner De Yurre's
recommendations, that you are very involved people, and trustworthy people and
indeed you are, something like a trust, that you will maintain this level of
involvement, that you will do whatever it takes, so that the trust members,
those of you who are active, maybe you ought to have an executive committee,
will have almost day to day involvement in the operations. Mr. Katz cannot do
it by himself, and whatever employees you end up hiring to do the maintenance
work are not going to be able to do it either and barring that, we are going
end up with you know, a bureaucracy that we don't know who the people are, I
mean the key to this is your personal involvement as trust members. We are
giving, you know, a park...
Mr. Plummer: They asked for it.
Mayor Suarez: Yes, you asked for it. We are giving you a park to be
maintained and operated by private individuals, something we have not done
anywhere else in the City and you know, it is going to take a lot of work and
hopefully things won't happen like the situation that happened to you,
counselor, when you went over there one day to try to park somewhere, and they
told him he couldn't. There was a group of people collecting money for
parking at the south end of the park.
Mrs. Kennedy: Right.
Mr. Barreto: It is almost as bad the window washers, I mean, people are... we
clarified that, Mr. Mayor.
Mrs. Kennedy: Mr. Mayor, but I think you are right. We are right, you are
looking at a group of individuals who have taken an enormous amount of time
out of their busy schedules and I see them there on weekends and week nights
and they have really made this their personal project and my hat's off to
them.
Mayor Suarez: And you have operational control as of this vote, and Mr.
Chairman, and Mr. Katz and all of you, and board members, Rodney, who has done
a magnificent job, but you have operational control. Exert it, and do it, you
know, to make sure that people over there who, we don't even know who they
are, don't start telling people what to do, or that some situations won't get
out of control. The other night I was at the park and somebody threw a bottle
of whisky, or something into the rock garden and I had to chase him down
myself, and we you know, we just need for you to be involved to that level if
you possibly can. That's how we can save some money, otherwise we will have
to somehow give this back over to the City and there is no way you can have
even with 24-hour security, you can have that kind of management and
supervision and monitoring that we would like you to exert over there.
172 October 27, 1988
0 U
Mrs. Kennedy: Ira and Rodney, tell them what time of night you call me when
there is a problem, 12:00, 12:30, 1:00.
Mr. Barreto: 12:00 to 2:00 a.m., that time frame.
Mayor Suarez: And if the sprinklers break down again for a week, go out there
with hoses, do whatever you have to do. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-988
A RESOLUTION APPROVING THE ATTACHED 1988-1989 FISCAL YEAR
ADMINISTRATIVE BUDGET FOR THE BAYFRONT PARK MANAGEMENT
TRUST, SUBJECT TO SPECIFIED REDUCTIONS AND LIMITATIONS.
(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: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS DURING ROLL CALL:
Mrs. Kennedy: You will be proud of us and thank you for your support. Yes.
NOTE FOR THE RECORD: AGENDA ITEM 27 (CODE ENFORCEMENT BOARD
DECISION ON MR. CURBELO'S PROPERTY) WAS CONTINUED.
57. MIRACLE CENTER MAJOR USE SPECIAL PERMIT:
live entertainment (scrivener's errors)
-----------------------------------------------
Mayor Suarez: Item 28, Miracle...
amendment of dining area and
Mr. Fernandez: Yes, this is also my item. At the last City Commission
meeting we had, we amended the Miracle Center major use special permit, and
there was a scrivener's error in the figures provided to us, and really, what
we are doing by passage of this resolution is to...
Mayor Suarez: I'll entertain a motion on it, if it is a scrivener's error.
Mr. Plummer: Move it.
Mayor Suarez: Moved. Madam Vice Mayor, do you second? Do you second the
motion for the resolution of this scrivener's error?
Mrs. Kennedy: Yes.
Mayor Suarez: Yes, seconded, call the roll.
173 October 27, 1988
f •,
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-989
A RESOLUTION AMENDING THE MIRACLE. CENTER MAJOR USE
SPECIAL PERMIT ISSUED PURSUANT TO RESOLUTION NO, 86-
834, ADOPTED OCTOBER 23, 1986, AS AMENDED BY
RESOLUTION 88-856, ADOPTED SEPTEMBER 27, 1988 TO
REFLECT THAT THE SQUARE FOOTAGE OF "DINING" AREA TO BE
BUILT IS 31,200 FEET AND THE SQUARE FOOTAGE OF "LIVE
ENTERTAINMENT" IS 6,451, SAID AMENDMENTS BEING MADE TO
CORRECT SCRIVENER'S ERRORS IN RESOLUTION NO. 88-856;
AND FURTHER, DIRECTING THE CITY CLERK TO SEND COPIES
OF THE HEREIN RESOLUTION TO AFFECTED AGENCIES AND THE
DEVELOPER.
(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: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
58. PORT BOULEVARD BRIDGE: approve conveyance to Dade County for
construction for new port of Miami bridge.
------------------------------------------------------------------------------
Mayor Suarez: Item 29, what is going on with the Port Bridge closing?
Mr. Fernandez: Yes, this is as you know, we closed on that, and this is a
resolution that must be passed, showing acceptance and concurrence with all
the documents and with all the money that was received, and this is what
closed the file on this transaction.
Mr. Plummer: Let me ask you a question very quickly. Seeing what is down
there now and the street is all torn up, what provisions were written into
this document, keeping in mind that the Grand Prix race will be there in
March?
Mr. Fernandez: The the Grand Prix was very much considered in the
negotiations between the three parties.
Mr. Plummer: And who has to restore the street back to its original? Is that
done at their expense?
Mr. Fernandez: At the County's expense, I believe.
Mr. Plummer: OK, that's what I want to make sure.
Mayor Suarez: And I would make her one of my appointments if the
other 15. Call the roll.
Mr. Plummer: There is nothing to ...?
Mr. Fernandez: Yes, you must pass this resolution.
Mr. Plummer: Oh, I move it.
Mayor Suarez: Moved.
174 October 27, 1988
Mrs. Kennedy: Second.
Mayor Suarez: Seconded, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-990
A RESOLUTION APPROVING AND CONFIRMING THE CONVEYANCE OF
THE PORT BOULEVARD BRIDGE PARCEL TO METROPOLITAN DADE
COUNTY, FLORIDA, FOR THE CONSTRUCTION FOR THE NEW PORT OF
MIAMI BRIDGE.
(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: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
NOTE FOR THE RECORD: Although absent during roll call, Commissioner De Yurre
requested of the Clerk to show him voting yes on the resolution.
------------------------------------------------------------------------------
59. COMMODORE BAY LITIGATION: $30,000 to pay co -counsel (Joseph Fleming and
Parker Thomson) legal fees.
------------------------------------------------------------------------------
Mayor Suarez: Item 30, Commodore Bay. What do you have, some litigation
costs?
i
Mr. Fernandez: Yes. I am coming back, and I'm asking for an additional
$30,000 now that we are getting into the appellate phase of this very complex
case. The outside attorneys that have been approved by this Commission back
in 1986 have rendered an excellent labor on the behalf of the City. Most of
it has gone, not most of it, but they have only received $50,000 in
compensation. They are doing this on a modified pro bono basis, charging only
$50 an hour and I...
Mayor Suarez: What do you need, a motion approving $30,000?
Mr. Fernandez: Yes, sir.
Mayor Suarez: I will so entertain.
Mrs. Kennedy: I'll so move.
Mr. Plummer: Yes.
Mayor Suarez: Seconded.
Mr. Plummer: Wait, wait, whoa. Is this on Commodore Bay?
Mr. Fernandez: Yes it is.
Mr. Plummer: Why are we paying that at all? We prevailed in the lawsuit.
Mayor Suarez: Because it is continuing.
Mr. Fernandez: We have prevailed in one portion of the three lawsuits that
have been filed.
175 October 27, 1988
•
E1
Mr. Plummer: Well, why isn't the loser paying the attorney fees?
Mayor Suarez: Are we trying to recover attorney fees from any part. of this?
Mr. Fernandez: We should have claims that upon ultimate resolution of the
lawsuit, we'll be asking for attorneys fees.
Mayor Suarez: But not at this level, we can't recover anything yet?
Mr. Fernandez: No, we have not.
Mr. Plummer: Well. then, they don't get paid, if we haven't recovered.
Mr. Fernandez: No, no, but we are not asking for fees to pay the opposing
side. We are asking for fees for the co -counsels that we have working with
the City in this case.
Mr. Plummer: Understand that, but if...
Mayor Suarez: They are not doing it on a contingency basis. They are doing it
almost pro bono. They are doing it at minimal fees.
Mr. Fernandez: And it is understood that if they were to receive any fees, at
the end of this litigation, because we would be recovering attorney's fees.
Mayor Suarez: Our fees have to be deducted.
Mr. Fernandez: Yes, exactly.
Mr. Plummer: We will recover the fee?
Mr. Fernandez: Yes.
Mr. Plummer: OK, fine. So what you are doing is paying them now and get paid
back later.
Mr. Fernandez: Yes.
Mr. Plummer: That's fine.
Mayor Suarez: One clarification. I know someone who is now a partner in my
law firm is filing a amicus curiae brief, but he is totally pro bono?
Mr. Fernandez: Totally pro bono, not associated...
Mayor Suarez: I am referring to David McCrea.
Mr. Fernandez: Right. That is the nature of amicus curiae.
Mr. Plummer: I'll move it, or whatever.
Mayor Suarez: OK, call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-991
A RESOLUTION INCREASING THE MAXIMUM COMPENSATION SET BY
RESOLUTION NO. 86-401 BY AN ADDITIONAL $30,000.00 TO THE
LAW FIRMS OF JOSEPH Z. FLEMING AND PARKER THOMSON, AT AN
HOURLY RATE OF $50.00 AS COMPENSATION FOR LEGAL SERVICES
RENDERED AS SPECIAL COUNSEL IN DEFENDING THE CITY OF MIAMI
THROUGH TRIAL STAGE AND APPELLATE PROCEEDINGS IN
CONNECTION WITH ZONING RELATED LAWSUITS INVOLVING PROPERTY
LOCATED AT 3471 MAIN HIGHWAY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
176 October 27, 1988
10
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
60. AUTHORIZE ISSUANCE OF REQUEST FOR PROPOSALS FOR FULL -SERVICE BOAT YARD
FACILITY, MARINA AT 2640 S. Bayshore Drive, currently Merrill Stevens
site (See label 62)
Mayor Suarez: Item 31, UDP for the former Merrill Stevens site, or the site
known as Merrill Stevens.
Mr. Rodriguez: Mr. Bailey will make a presentation on that. Let me introduce
for the record a letter that was received by Mayor Suarez on October 26th from
Holland and Knight and I think you all should have in the record introduced.
Mayor Suarez: Yes, I'd like to introduce that as the proposal embodied in
that letter and make them available to any Commissioner that wants to look at
it, Mike.
Mr. Plummer: I got the letter...
Mayor Suarez: Oh, you all got copies?
Mr. Plummer: ... this morning, I haven't had a chance to read it.
Mayor Suarez: As their recommendations.
Mr. Plummer: What are they saying? Why is Holland and Knight making a
recommendation?
Mayor Suarez: I think it was just an interested attorney at Holland and
Knight.
Mayor Suarez: Are they representing a bidder?
Mayor Suarez: No, no, I think it as totally pro bono, public interest
proposal. I don't think there was any...
Mr. Herb Bailey: I don't know what you are talking about in terms of Holland
and Knight.
Mayor Suarez: We received a letter from the Holland and Knight law firm,
making proposals on what we are going to do today. I don't think that too
many of them deviate from what we had in mind anyhow.
Mr. Bailey: Well, I will read it later. This is the first time I've seen it.
Mayor Suarez: You are not familiar with it. I'm just introducing it into the
record to make sure that the letter is received as a recommendation made.
Mr. Bailey: The item you have...
Mayor Suarez: Why don't you make it available to the Commissioner and myself.
Mr. Plummer: Well, I've got one, I just haven't had time to read it. I got it
this morning.
Mayor Suarez: Yes, I really didn't get into too deeply either, to tell you
the truth. OK, Herb.
177 October 27, 1988
Mr. Bailey: The item you have before you for 2640 South Bayshore Drive,
Merrill Stevens...
Mr. Plummer: Absolutely not! We Rot to talk. I'm sorry.
Mr. Bailey: What did I do? That's the first time I ever got that reaction.
Mr. Mavor: We l , we don't have a quorum, so why don't we take a de facto
recess. We need one more in the Chambers.
Mr. Plummer: Herb, for simplification, what we are talking about is a minimum
10 year lease, a minimum of $350,000 return to the City and then they can come
up with any innovative ideas they want, is that correct? I don't see in here,
the Mayor spoke of the possibility of using revenue bonds or...
Mr. Bailey: That is all in your packet..
Mr. Plummer: But if in fact, that were the case, as I recall, we agreed upon
that the minimum return then would be $500,000.
Mayor Suarez: Yes, if we financed, it would $500,000.
Mr. Plummer: Right.
Mr. Bailey: Commission, the cover memorandum on page two talks about your
suggestion of using revenue bonds and that is something we will talk about
later, I think.
Mr. Plummer: That was not my suggestion, it was the Mayor's.
Mr. Bailey: Every item that you suggested should be included in this proposal
that was suggested on September 27th and you passed by motion, we copied
exactly from the tape and the verbatim and we have included every item. If you
look on page 1, 2 and 3, I think you will find every concern that you had at
that Commission meeting incorporated in this RFP. They are the only changes
that we have made.
Mr. Plummer: When would this come back?
Mr. Bailey: It will be issued November 14th.
Mr. Plummer: It would be issued on November...
Mr. Bailey: Yes, you have the RFP attached in your packet.
Mr. Plummer: November 14th the bids go out.
Mr. Bailey: They'll go out November 14th.
Mr. Plummer: And how long before they would come back?
Mr. Bailey: February 17, 1989.
Mr. Plummer: December, January, 90 days, is that what it is?
Mr. Bailey: Right.
Mr. Plummer: You think it will take that long?
Mr. Bailey: I think it will, yes, considering what we are asking for and
considering the time that it has to be, you know, consulting with the
architects and calculating their returns and making the submission to us.
Mr. Plummer: And it's fine with me.
Mrs. Kennedy: OK.
Mr. Plummer: The only thing I would reserve the right is to juggle the
members of the committee. I don't think that's any problem.
Mr. Bailey: We would, if you have some suggestions on the committee members
today, we would like to have those so that we can... we won't have to come
back before the Commission and we can send this out.
178 October 27, 1988
r
0
Mr. Plummer: OK, I would recommend Mr. John Brennan instead of Stuart Sorg.
Mr. Bailey: Brennan, B-r-e-n-n-a-n?
Mr. Plummer: Yes, sir. Very much dedicated man, and in other than John
Blaisdell, who I think has got more than he can handle now, you recommend.
Mr. Bailey: We will recommend someone else.
Mr. Plummer: Give me some other names.
Mr. Bailey: Well, we did have Albert Ruder there.
Mr. Plummer: Al. Ruder is fine, that's acceptable to me.
Mr. Bailey: OK.
Mr. Plummer: Replacing John Blaisdell.
Mr. Bailey: OK.
Mr. Plummer: And Stuart Sorg would be replaced by John Brennan, if that is
acceptable to my colleagues.
Mayor Suarez: Yes, did you say there was another private...?
Mr. Bailey: Well, I sort of had the indication that Commissioner De Yurre had
a recommendation, but he is not here. However, if that is another an addition
as opposed to a substitution...
Mr. Plummer: There is an addition on mine, the members of the...
Mr. Bailey: No, you removed Sorg and added John Brennan.
Mr. Plummer: Yes, sir.
Mr. Bailey: So that's a substitution.
Mr. Plummer: So then the members of the public would be John Brennan, John
Gonzales, Cyrus Jollivette, and Peter Sawyer is on my list.
Mr. Bailey: That is correct, and we have...
Mr. Plummer: And of the City -side would be Edith Fuentes, Guillermo Olmedillo
and Al Ruder.
Mr. Bailey: That contains a proper ratio. What we were talking about, if we
had added one more person, we would have to get one ore person from the
private sector. This will suffice.
Mr. Plummer: It is outweighed right now, it is four -three.
Mr. Bailey: No, this will suffice, this will suffice, we are perfectly happy
with this.
Mr. Plummer: Oh fine, I have no problems.
Mayor Suarez: Do you know who it was that he had in mind, Commissioner De
Yurre?
Mr. Bailey: Adrienne Macbeth, but that's a staff person, and we were also
going to recommend counter, from the private side was Tony Zamora, someone who
has the business side of the experience.
Mr. Plummer: I think this is fine.
Mayor Suarez: You know, I would suggest if we put Adriene Macbeth, and that's
Commissioner De Yurre's recommendation, I would suggest instead of Tony, who
is involved in another marina with the City, I'd like to propose my former
partner, Morris Proenza, who has no particular interest, but he is
knowledgeable.
179 October 27, 1988
Mr. Bailey: What is the person's name?
Mayor Suarez: Morris Proenza.
Mr. Plummer I have no problem.
Mrs. Kennedy: If that's your motion, I second it.
Mayor Suarez: Yes, Commissioner De Yurre wants to include Adriene Macbeth
from the City, that brings you up to five and four, I guess. Build that into
your motion, Commissioner?
Mr. Plummer: That's fine, sir.
Mrs. Kennedy: Sure.
Mr. Plummer: Who is the public CPA firm?
Mr. Bailey: Arthur Anderson. The firm has already a considerable amount of
experience in this particular location. -
Mr. Plummer: Yes, for my information, this is not the firm that did it
before?
Mr. Bailey: Yes, it is. We are recommending them mainly because they are
familiar with them. We think they can to save cost and time.
Mr. Plummer: But I thought we were trying to get away from the same old ball
game? - because that was my impression.
Mr. Bailey: There was no problem with their analysis. They were very
thorough. I was happy to have them on the review committee, reviewing their
work.
Mr. Plummer: Do you recommend it?
Mr. Bailey: Yes.
Mr. Plummer: All right.
Mrs. Kennedy: Who is the team, Arthur Anderson, and who else? Verdeja?
�Mr. Bailey: Sharpton and Brunson.
Mrs. Kennedy: Oh, Sharpton and Brunson.
Mr. Bailey: Yes.
Mr. Plummer: OK, the only reason I questioned it was, we kind of like wanted
to stay away from any of the old bid procedures that we, going into to
something new, we would have new names, is the only reason I was thinking of
that. I have nothing against Arthur Anderson.
Mr. Rodriguez: They have experience in this particular project, so I mean...
Mr. Plummer: Fine.
Mayor Suarez: Yes, we changed the parameters, they are functioning within
that.
Mr. Plummer: I'll so move.
Mrs. Kennedy: Second.
Mayor Suarez: OK, seconded. Any discussion? Is there an ordinance or a UDP?
Mr. Plummer: It's a resolution.
Mayor Suarez: Resolution. Call the roll.
ISO October 27, 1908
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. SP-992
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REQUEST FOR
PROPOSALS ON NOVEMBER 14, 1988, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, FOR A UNIFIED DEVELOPMENT PROJECT FOR
THE DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY,
MARINA, AND ANCILI_.ARY MARINE -RELATED RETAIL USE ON AN
APPROXIMATELY 12.57 ACRE CITY -OWNED WATERFRONT PARCEL
INCLUDING 6.36 ACRES OF UPLAND AND 6.21 ACRES OF BAY
BOTTOM CONTIGUOUS TO THE UPLAND LOCATED AT 2640 SOUTH
BAYSHORE DRIVE, MIAMI, FLORIDA; SELECTING A CERTIFIED
PUBLIC ACCOUNTING FIRM AND APPOINTING MEMBERS TO A REVIEW
COMMITTEE TO EVALUATE PROPOSALS AND REPORT FINDINGS TO THE
CITY MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER SECTION
29-A(C).
(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: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
------------------------------------------------------------------------------
61. A) THREE-WAY STOP SIGN TO BE INSTALLED AT S.W. 18 STREET AND CORAL GATE
DRIVE. B) CORAL GATE NEIGHBORHOOD: series of one-way streets plan to be
approved by neighbors and brought back to Commission.
------------------------------------------------------------------------------
Mayor Suarez: Item 32.
Mr. Plummer: Is there a spokesman on item 32? First of all, let me ask the
Administration, is it legal? This is in Douglas Road. Does this Commission
have any authority on Douglas Road?
Mr. Jim Kay: It is more, it is on 20th Street at Douglas. There is a small
portion of that with the sidewalk and curbing on Douglas...
Mr. Plummer: I am speaking about the median...
Mr. Kay: ...but that's a County road and the County...
Mr. Plummer: Oh, no, this not what I heard. I was told that there was a
median going to be put of concrete in the middle of Douglas, so that you could
not go straight from Alhambra into that area, or back the other way.
Mayor Suarez: I think this sketch clarifies it.
Mr. Kay: Yes, what this proposed traffic safety item would do, would be to
prevent traffic from going in either a straight east or west direction across
37th Avenue.
Mr. Plummer: OK, the call to my office yesterday was by a lady who lives
around the corner, I guess it is, or in that general area, who said that if
she was coming home, going southbound on Douglas Road, she could not enter to
get into her home, except by going all the way around Sears and Farm Store.
She was upset about it, OK?
Mr. Kay: That's correct, she would have...
181 October 27, 1988
Mr. Plummer: She would hAve to either go in through the funeral home street,
or through Coral Way.
Mr. Kay: There is another street just south of here, 21st Street..
Mr. Plummer: Excuse me. For the record, she told me a different story. She
told that there was going to be a concrete median in the middle of Douglas
Road to prevent it and that's nc, the case, so I just want...
Mr. Kay: OK, this was an item that was referred to us by the homeowners and
Coral Gates Homeowners' Association last vear and we have mailed out letters
to all of the homeowners in Coral Gate. The response has been 96, so far to
date, 96 homeowners in favor of the proposal, 70 against the proposal.
Mayor Suarez: Have we ordered all of those that came in by correspondence,
into the record? Would you please, because I've received quite a few letters
and I'd like to have all of those petitions put. into the record. Do you have
copies of them? These are verbal, you are talking about?
Mr. Kay: These are post cards that we received. We had a...
Mayor Suarez: OK, can put those... we also received letters, petitions and so
on.
Mr. Rodriguez: They were put into the record.
Mayor Suarez: And they reflect, they should reflect as to the post cards at
least, 96 versus 70. Those are the ones we sent out.
Mr. Kay: That's correct.
Mr. Plummer: So, what was the response?
Mr. Kay: Out of about 400 sent, 96 were in favor, 70 against the proposal.
Mr. Plummer: Sounds like my neighborhood.
Mayor Suarez: We thought of another proposal that had that kind of reaction.
Mr. Kay: The department is not recommending the implementation of this.
Mayor Suarez: Oh, 70 against?
Mrs. Kennedy: 70.
Mr. Kay: 70 were opposed. Seven zero were opposed to the island, 96 in favor.
Mayor Suarez: OK...
Mr. Plummer: And over half of them didn't respond, so silence gives consent,
is that the...?
Mayor Suarez: How many people are here on this item? Raise you hand, please.
Are some of you represented by the association, I hope?
Mr. Plummer: Let me ask the other way.
Mayor Suarez: You are representing a...
Mr. Plummer: How many of you are for it? And how many of you are opposed?
Whatever you do, we'll lose it.
Mayor Suarez: OK, that completes the presentation from the City?
Mr. Kay: Well, I was just going to say that to implement... one of the
reasons that the Public Works Department was not in favor of it, is that if
you implement this, then it results in a sort of a chain reaction on, for
example, 21st Street, which is a block south of here. Traffic would travel
down 21st, make a right, and then a left on Alhambra and traffic will continue
to go on 20th Street, make a right and snake through the Gables to get back
out on Alhambra too, so I don't see a solution to it. We did find one, in
182 October 27, 1988
looking through the neighborhood, we did find one safety consideration that we
would like to bring to you, and that is, the construction of a three-way stop
at the intersection of. Coral Gate Drive and SW 18th Street. There is traffic
that is, you know, traveling at excessive speeds on Coral Gate Drive in that
area. It is where it curves. That's where the bend is, yes, sir. That ends
the presentation.
Mr. Plummer: Was that part of your polling of your post cards?
Mr. Kay: No, it was not. That was an observation that we made in the
neighborhood.
Mr. Plummer: So what you are doing is just slowing down the traffic. I don't
think anybody could be opposed to that. Am I right or am I wrong?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, let me do that one and get it out of the way. Mr. Mayor,
I make a motion at this time, that this City Commission recommend to Dade
County Metro Traffic and Transportation that a three-way stop sign be
installed at...
Mr. Kay: SW 18th Street.
Mr. Plummer: ... SW 18th Street and Coral Gate Drive, I so move.
Mayor Suarez: Moved.
Mr. Plummer: There is no objections.
Mrs. Kennedy: There are objections.
Mr. Plummer: No, no, not to this. It is to the other. I am separating the
two items.
Mrs. Kennedy: Oh yes, OK. All right, so your motion again is...?
Mr. Plummer: My motion is recommended by the department, that a three-way
stop sign be placed at 18th Street and Coral Gate Drive and no one here has
raised their hand in opposition.
Mrs. Kennedy: OK, I second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-993
A RESOLUTION URGING METROPOLITAN DADE COUNTY TO TAKE STEPS
WHICH WILL RESULT IN THE INSTALLATION OF STATIONARY THREE-
WAY STOP SIGNS AT THE INTERSECTION OF CORAL GATE DRIVE AND
SOUTHWEST 18TH STREET IN THE CITY OF MIAMI, FLORIDA;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE HEREIN NAMED OFFICIALS.
(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: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
183 October 27, 1988
Mr. Plummer: Now, let's get to the impossible one.
Mayor Suarez: Why don't we hear from the association and then from the
opponents, but try to keep.., are you on the opposition, by any chance?
Unidentified Speaker: I'm apsinst it.
Mayor Suarez: I'll try to keep...
Unidentified Speaker: Put I belong to the association.
Mayor Suarez: Oh, I know, but the association, I guess has taken a position
in favor, right?
Mr. Chuck Hasseler: Yes, we have.
Mayor Suarez: As an association, so on the opposition, we have individual
proponents or objectors, and I am going to try to keep you to two minutes, but
if you are able to organize yourselves to only have three or four
presentations, you can have more time. Go ahead.
Mr. Hasseler: On October 20th, we mailed all the Commissioners a letter,
indicating our position. If all the Commissioners have read this letter, it
will be fine. If some of you have not read it, I'd be more than happy to
reread the letter, with your permission. Has everybody read our position
paper on this?
Mayor Suarez: I have an idea what it says, if you want to summarize it.
Please don't reread the whole thing.
Mr. Hasseler: Over the past year we have been working with Public Works to
try and find out a solution to the traffic on 20th and 21st Street. We are
getting a great deal of traffic now through our neighborhood. I think
Commissioner Plummer will be familiar with this problem, because it is
happening in his neighborhood along Bayshore. They shortcut Bayshore, come up
to Tigertail, and rip through your neighborhood about 50 miles an hour, but I
notice Commissioner Plummer has about three stop signs in his neighborhood
that kind of slows traffic down a little bit.
Mayor Suarez: I'm sorry, you didn't give us your name for the record please,
and address.
Mr. Hasseler: Oh, my name is Chuck Hasseler, I'm president of the Coral Gate
Homeowners' Association. I live at 1810 SW 33rd Court. Commissioner Plummer,
I am sure is familiar with the problem. They get on Tigertail, and go through
to 17th and then they are on Tigertail all the way. The same thing occurs
here. They cut thorough 20th and 21st Street through Alhambra. We're simply
trying to break that traffic pattern. Now, we are not sure that the problem
is going to be solved on 21st. Public Works assured us that we could come
back to them any time and solve the problem on 21st. If the people are
turning left on 21st to avoid the traffic on 20th, take away the left turn
lane. It is possible to make streets one way. We don't know. The Publi-
Works wouldn't move on it because they were not sure of the traffic flow.
What they tell us is that traffic flows like water, OK? It goes somewhere
else all the time, so we have to be relatively slow. Now, we are not blocking
the streets, we are simply preventing Coral Gables traffic, generated by
Alhambra from coming into our neighborhood, parking and speeding through our
neighborhood. Since Commissioner Plummer is so magnanimous with stop signs,
we'd like a few more. We'd like one at 21st and Coral Gate Drive, and we'd
like some along 21st Street, probably at 33rd Avenue, that will slow traffic
down considerably. Thank you for your time.
Unidentified Speaker: OK, may I speak now?
Mayor Suarez: OK, Ma'am, are you in support or opposition?
Ms. Anne Friedman: I am in support and I am an officer of Coral Gate
Homeowners Association.
Mayor Suarez: OK, try not to be repetitive.
184 October 27, 1988
Ms. Friedman: Honorable Mayor and Commissioners, I am Anne Friedman, I have
lived at 1640 Coral Gate ]rive for over 30 veers. Fxcepi for the meeting on
September 6th, with City Manager Odio and staff, I as chairman of the Traffic
Committee of Coral Gate Homeowners' Association, have attended all subsequent
meetings with the City and County Divisions of Public Works. For months
before the September 6th meeting, the Traffic Committee tried to arrive at
solutions to eliminate the use of Coral Gate as a speedway and shortcut to
major arteries. Towards this end, we have diligently worked through the
system, contacting_ the City and County Public Works as well as notifying you,
the Commissioners and all residents of Coral Gates of all activities. When
Mr. Cather of City Public Works advised us to discuss our request with the
County, it is important to note that at the November l7th meeting with Chief
Pete Hernandez and staff of County Public Works, it was they who came up with
the suggestion of the 20th Street safety island, and it was the County's idea
that we presented to Mr. Cather and staff at City Public Works. After some
study, they notified us that they approved. Also, after our March general
meeting, when Jeff Cohen, County Public Works, and Lenny Helmers, of the City
Public Works, presented visual plans for the 20th Street island, we complied
with their request to obtain signatures of approval from residents most
directly affected. This you also received in the packet mailed on October
20th. May I say that throughout this long, frustrating and arduous task, we
have received close cooperation from both the City and County Public Works for
which we are most appreciative and look forward to having this island
installed. Thank you.
Mayor Suarez: OK, thank you. Does that complete the presentation for the
proponents?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, we are trying to keep both sides the same amount of total
time, so...
Mr. Leonard Arnoff: Sir, I am a long time resident on SW 21st Street. It
just so happens, I have been there 30 years on 21st Street.
Mr. Plummer: How about your name and address, sir?
Mr. Arnoff: My name is Leonard Arnoff, 3360 SW 21st Street. If this safety
island goes through, we are going to have hundreds and thousands of cars come
down 21st Street. They are going to be making a left turn on 37th Avenue,
thus coming down 21st Street. 21st Street is a through street that runs from
37th Avenue to 32nd Avenue, with only one stop sign on Coral Gate Drive. Now,
there are other ways to implement something like this, and I think if you do
something like this, you are doing something wrong. Now, I went out today,
sir, and I have a list of names that I'd like to present to you from people
that are opposed to this that live on 21st Street and this is going to affect
the people that live on 21st Street. I think if you went out there and
evaluated the situation like I did in my spare time, and did not get paid for
it, you will find it is not a very good idea. I would like to present this
list and the names of the people that I went out and got today and
presented...
Mayor Suarez: Is that the same one that you sent us a copy of?
Mr. Arnoff: No, sir.
Mayor Suarez: Well, go ahead and give that to the City Clerk when you are
finished and we will introduce it into the record.
Mr. Arnoff: OK, I also want...
Mayor Suarez: You are against? I thought you were in favor.
Mr. Arnoff: I am against this I also want to present this to the
Commissioners here. Thank you.
Mayor Suarez: Thank you for your statement. OK, anyone else?
Ms. Pearl Vann: My name is Pearl Vann. I live at 1851 SW 36th Avenue. I am
an original owner, and I've lived there over 38 years. I am also a member of
the Homeowners' Association. First of all, with all due respect, this should
185 October 27, 1988
not: be called a safety island. It is a hazard island. Now can you go ahead
and blockade the neighborhood with an ugly, expensive permanent detour. You
need a feasibility study, you need experts for a traffic control study. You
would be imposing a solution that's worse than the so-called problem.
Mayor Suarez: What is there now? Is there some kind of an island there now?
Mr. Alberto Ferez: Just a median with a ficus tree.
Mayor Suarez: Just a median?
Mr. Perez: A median with a ficus tree in the circle.
Ms. Vann: And it is very pretty.
Mr. Perez: Yes.
Ms. Vann: I hope you don't run...
UNIDENTIFIED SPEAKER: The island is about 40 feet wide.
Mayor Suarez: And isn't there a street light?
Mr. Perez: Yes, there is.
Mr. Plummer: A traffic light.
Mayor Suarez: A traffic light, rather?
Mr. Perez: Yes.
Mr. Kay: There is a traffic light there.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Under this proposal, what would happen to the traffic light?
Mr. Kay: The traffic light would stay there, except that there would be a
cover placed over the lamp in the easterly direction.
Mr. Plummer: Well no, this...
Mr. Kay: I mean the westerly direction, I'm sorry.
Mr. Plummer: Plus in the easterly would have to show arrows left or right.
Ms. Vann: I hope you don't run our City based on suppositions, fears and
prejudice and unsupported allegations from a small minority. It will be very,
very difficult for ';_1, or the fire engines to get in or out, and I have a
heart condition and I have used 911 in the past. Let me ask you this, is
Coral Gables such a dirty word that you are keeping us from getting into the
area by a simple crossing of the street?
Mr. Plummer: The answer is no. You can get there any way you want.
Ms. Vann: Good. Thank you. This is an alleged benefit to an undetermined,
but limited number of people. They will destroy the neighborhood and it will
be a harassment to the majority. The people residing on 20th Street bought
their property in full awareness that it carried more traffic than the other
interior streets. Now they want to make it a private street. Well, that is
not right. I am against any obstruction...
Mayor Suarez: Can you summarize please, so that we can complete the item?
Ms. Vann:... which inhibits the use of the public right-of-way by those same
citizens who own it. This is a siege mentality. This will lower property
value, it is ill-considered and an abuse of power. The traffic here has had
no bad effect on property values. This year all the Coral Gate -Rock Land
values were increased by a flat 20 percent, which in effect raised our tax by
25 percent.
186 October 27, 1988
i
Mayor SuAre?: Are 'vou summAr17ing, please? Otherwise I Am going to have to
keep everyone to two minutes and you...
Ms. Vann: Well, 1've Rot A lot to sav, I can't S11MMAri7P it You quote.
reducing the mimber of dangerous turning maneuvers. Since when is crossing
Past -west or west -east, A turning maneuver' If you want to talk about
dangerous maneuvers, I'd have to do a lot of them by being forced into going
with lots of left turns when I should he driving straight across with the
light.. The instructor at AARF 55-Alive course has warned us not to do left
turns whenever possible. This would be taking away our freedom. There aren't
many accesses to this neighborhood, and if 20th Street is blocked off, the
other way in and out would be 21st Street, and the neighbors want. to block
that too. 33rd Avenue is going to be permanently blocked, so the only way
left that is open is Coral Gate Drive, which is well trafficked now, and 17th
Street, which happens to be between two funeral homes on both sides and St.
Raymond Church and its recreational center on the opposite side, all full with
parking lots and cars going in and out. That means that everybody in this
area would have to drive that way, which would back the traffic up to Coral
Way at least; not to mention the accidents the jamming would cause because of
all the irritation in trying to get. our own homes. I don't want to make a
right turn on Douglas and then a left without a light to try to get across the
Gables side of Douglas Road, when I've been going straight across in a direct
line with the light and with no problems for over 38 years, every day of the
week at all hours. In fact, I can remember when there was no light there when
my three children were young and walked to their neighborhood school of Coral
Gables Elementary. Now, our fair City and County is much more populated and
naturally we are going to have more traffic. It goes hand in hand with
progress. Most families have more than one car nowadays and most of the
traffic in this neighborhood is from the people who live here and whoever may
be visiting them and also supplying services to them. How will my friends and
relatives get in shere to visit me? It will be impossible to direct them into
this blockaded area which you would create for no good purpose at all. I see
from three to seven cars in front of homes on my street alone. Unfortunately,
some of the neighbors are annoyed that there are, as what they refer to as
outsiders coming into this neighborhood and they are using this proposal to
keep them out. Are visitors to my home outsiders too? And they are cutting
off their noses to spite their faces. I don't see why I and the silent
majority...
Mayor Suarez: Are you almost finished, or can you paraphrase the rest?
Ms. Vann:... should suffer because they can't see further than their noses.
Mayor Suarez: You can go ahead and introduce your entire text if you want,
into the record.
Ms. Vann: If this proposal becomes a reality, I hope you are also planning on
establishing a helicopter pad with helicopters, because I sure wouldn't be
able to drive in and out of my neighborhood.
Mayor Suarez: Thank you for your statement.
Mr. Perez: My name is Alberto Perez. I am a landscape architect at 3581 SW
17th Street. I am here to speak against this proposal because essentially
what we are going we are shifting the problem from one street to the next,
either to the north or to the south. The turning lanes and the different
evils that we spoke about on 20th Street will be shifted to 21st and 17th. I
don't see a reason why the rest of us who are on 17th and on 21st, ought to
suffer for the condition that is being described here. Somebody said just a
second ago that traffic is like water. True, traffic is like water. When you
take a piece of pipe and you deviate that piece of pipe, simply the problem is
being shifted elsewhere. Right now the property that we have lies between two
funeral homes and a church and there is a lot of traffic there happening right
now. If we close this access there, we are further encroaching upon the
capacity of the street to carry that traffic. In addition to that, some
townhouse project, Field and Sea, or whatever they are called, have been
approved in the area, they have brought to the neighborhood... number one, it
destroyed the residential character of the neighborhood by impacting the
street, and making it full of cars. Please don't let this go through, because
we are going to further impact the problem to our neighborhood.
Mr. Plummer: What street do you live on, sir?
187 October 27, 1988
16 6
Mr. Perez: l7th Street.
Mr. Plummer: And what?
Mr. Perez: 3581,
Mr. Plummer. See, you know, here's the real problem as I see it, you know.
There is no question that. 20th Street is burdened. There is no question, I
don't think in anybody's mind that that thing is carrying far in excess of
what it should be carrying, but maybe, and most likely this is not the
solution, OK? - but here again, you've got to take into consideration those
people who live on 20th Street, just like we. took into consideration those
that are living on Coral Gate drive and put in the three-way stop sign.
Mr. Perez: On 17th.
Mr. Plummer: You know, thank God you don't have a City Commissioner living in
your neighborhood. He would have had all kinds of newspaper coverage. You
know, we are not entitled to protection of our families. Others are, I'll
never understand that. Mr. Long, Mr. who...
Mr. Rodriguez: Mr. Kay.
Mr. Plummer: Let me ask one simple question. Would this be a good
demonstration project for the purposes of trying the Oregon Plan? Now, these
people... if you say, yes, then I would explain it. Now, you know, the area
of which, where Commissioner Kennedy and I live is too small, because it is
only two blocks, three blocks wide. This goes five blocks wide, and it goes
basically eight blocks long. In your estimation, knowing the Oregon Plan,
would that give any relief to all of the residents of this area? Let me go
ahead and explain very quickly while you are thinking about it. The Oregon
Plan does not cut off any street. It does deny any person the access to use
any street. What it in effect does, it makes it difficult for people who do
not live in that given area to use that area. It is a series of one way
blockage of streets within the designated area. Now, I don't know that that
would be something that would be worthwhile experimenting or trying, but you
know, I feel for both sides. I really feel for both sides. There is a
problem and maybe this is not the answer, but I think that they are entitled
to some relief.
Mr. Shafer: Commissioner Plummer, we discussed one-way streets with Public
Works. We started this project two years ago. One of the things we discussed
was one-way streets.
Mr. Plummer: Well, Oregon Plan is not just one-way streets.
Mr. Shafer: I have no objection to what you are offering. You know, I would
try anything to cut down traffic in our neighborhood and the last thing we
want to do is to stop access to our neighborhood, but we want to stop people
from using our neighborhood that live on 95th Street and Coral Way.
Mr. Plummer: You couldn't be talking to a more sympathetic ear, sir.
Mr. Shafer: I understand exactly and you can understand our problem, because
you people in that neighborhood are living with it.
Mr. Perez: We don't want your problems shifted to our street, sir.
Mayor Suarez: OK, now we are not going to get into a back and forth argument.
Everybody has had their say. He was referring to the Commissioner's question.
Go ahead.
Mr. Kay: In response to your question, I think it has a possibility. I think
with proper public hearings though. We have to have a discussion of this for
everybody in order to weigh the control of the traffic problem against any
inconvenience it might be caused to people that live in the neighborhood.
Mr. Plummer: Well, I don't think that that... well, would it be proper, Mr.
Mayor, that we go back and have the department do an Oregon Plan concept for
that neighborhood, have a public hearing, you know a hearing with the
residents, OK? - and message it through there, then bring it back to this
Commission, because we are of a mixed bag here tonight, there is no question.
188 October 27, 1988
Mayor SUare2: And we have an incomplete Commission with one Commissioner has
indicated he may be inclined to go against this project, so those who were in
favor would have a very tenuous majority, if at all. I don't know how the...
INAITDIBI.F BACKGROUND COMMF14TS NOT FNTFRF.D INTO THE FUBI.IC RFCORD.
Mayor Suarez: No, I mean, the citizens were in favor. No, I am disposed to
go in favor of this plan, but if you want to try something alternative in the
meantime...
Mr. Plummer: I am willing to try anything just to try to see if we can't come
up with some kind of a solution that would be hopefully helpful to everybody.
You know, everybody is going to have to give a little bit, but maybe not an
arm and a leg. Maybe they just, you know...
Mr. Shafer: I think the organization would be amendable to this kind of a
plan, provided we are not. hung out to dry by the Commission. We want to see
some results.
Mr. Plummer: Well, here again, what I am suggesting is, that they go back and
devise for your neighborhood, a concept of the Oregon Plan; take it to the
residents of that neighborhood, let them look at it, let them understand it by
the department, how it works. Let you all message it, maybe even modify it,
and then bring it back to this Commission, hopefully with better agreement
than what we have tonight.
Mr. Shafer: I agree, I would agree with that.
Mayor Suarez: The Commission has full power to vote in favor if this, unlike
what one of the opponents said, Ms. Vann, at least we think we do. So it is
not a matter of that, but we would like to do something that the overwhelming
majority of the people in the neighborhood would support, and if the
Commissioner, I understand my Commission to be somewhat divided, I know one
Commissioner is against this plan and I am sort of disposed to be in favor of
it, but I'd much rather try to find a solution that is acceptable to...
Mrs. Kennedy: I'm not convinced either, of this plan.
Mr. De Yurre: Let me ask, Mr. Mayor...
Mayor Suarez: We gave you the longest amount of time to speak, and then you
figure out a way to interrupt, and that's just the quickest way to make sure
that you have a vote against your position, Ma'am. Our Commissioners...
Mr. Plummer: Mr. Mayor, I'll make a motion at this...
Mr. De Yurre: Well, J.L., before...
Mr. Plummer: I'm sorry.
Mr. De Yurre: You know, how does this 20th Street compare to the traffic on
21st Street?
Mr. Kay: Oh, well, traffic at the present time is greater on 20th Street
because of the traffic signal light right now. They have a way to cross 37th
Avenue.
Mr. De Yurre: But you also know that if you are coming from 32nd Avenue, in
order to get on 20th, you've got to come in on 18th and you swing around, I
mean, like... I, my law office is a few blocks from there, so I can tell you I
am one of the ones that cuts across,
Mr. Perez: All right.
Mr. De Yurre: That's right, I am telling you.
Mr. Plummer: B0000000l
Mr. De Yurre: OK, now I'll tell you with all the construction going on at
Coral Way and 33rd over there, I cut right through 21st and it is a straight
shoot. I'd rather go through 21st than 20th, because you have got to go down
189 October 27, 1988
and swing around, and if you are coming through 37th, ,you are going to take
219t, because that is straight line. And I think there is really, if you
compare one with the other, I think 21 Street draws a lot more traffic then
20t.h Street .
Mr. Perez: Yes.
Mr. Kay: For the record Commissioner, I think you are talking about, rather
than the OreE,on Plan, the Seattle Plan.
Mr. De Yurre: Well, so I drive by your house every once in a while.
Mr. Plummer: It is a series of one way cul-de-sacs.
Mayor Suarez: Northwest plan.
Mr. Plummer: The Northwest plan.
Mayor Suarez: OK, do you want to try that motion, Commissioner?
Mr. Plummer: I'll offer that motion. Let's put it this way so that we are
not forestalling this out, we'll give the department until... what? What's
reasonable?
Mr. Rodriguez: January 8th.
Mr. Plummer: No, no, no.
Mr. Rodriguez: You have Christmas in the middle.
Mr. Plummer: No, no, no, not January, no.
Mr. Rodriguez: You have a December 15th meeting which you have both meetings
in one day, and you have a full agenda.
Mr. Plummer: That's fine, that's fine. Let's say that you will have this
plan ready for the neighborhood no later than the 26th and then you will bring
it before this Commission on the 15th of December, OK?
Mr. Rodriguez: The Seattle Plan?
Mr. Plummer: Excuse me. I am not limiting you to that plan, but that plan I
want presented. If you have some other ideas, great, but I think you have got
the consensus of the people and this Commission. We know there is a problem,
we'd like to address it in such a manner that nobody is absolutely totally
burdened.
Mr. Perez: Right, good for you.
Mayor Suarez: Moved. Do we have a second?
Mr. Plummer: I tried!
Mayor Suarez: Moved, do we have a second?
Mr. De Yurre: Second.
Mayor Suarez: Seconded, and once again, before we vote on this, please
understand that those who are opposed to that particular plan or any other
plan, if you are going to make the argument in the future that we don't have
the power to do this, I think you are incorrect on that argument and your best
bet is to try to work to see if you can come up with a solution. I have no
idea how it will come out on this Commission, and I have no idea how it would
have come out today, I am just telling you that we don't have a full
Commission, but it is very dangerous to those, either in favor or against,
either way, because we have a divided Commission, I believe on this issue.
Call the roll on this motion.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Not at this point, sir, call the roll.
190 October 27, 1988
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-994
A MOTION INSTRUCTING THE ADMINISTRATION TO PREPARE A
PLAN WITH A SERIES OF ONE-WAY STREETS AND CUL,-DF-SACS,
SIMILAR BUT NOT LIMITED TO THE "SEATTL.E PLAN." WITHIN
THE CORAL GATE NEIGHBORHOOD AND PRESENT IT TO THE AREA
RESIDENTS NO LATER THAN NOVEMBER 26TH, OBTAINING INPUT
FROM THE RESIDENTS AND COME BACK TO THE CITY
COMMISSION AT THE MEETING OF DECEMBER 15TH WITH A
RECOMMENDATION ON THIS ISSUE..
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Mayor Suarez: Do you have a point of clarification?
Mr. Jack Shell: My name is Jack Shell, I live on Coral Gates Drive. When we
started this project, we were referred, we were tossed around by the City
Public Works and they told us it was a County problem and we went to the
County. This plan is the County engineer's. They turned us down-, on eight
points, and this is the only one they would give us. They won't give us no
four-way stops, they won't put no lights in, because that draws traffic, they
won't close no streets, they won't make no on -way streets and they suggested
that this plan will be the first one to start with and if it doesn't work,
they will go to the next step. Whose problem is it, the City's problem or the
County's?
Mayor Suarez: Well, that was probably because of...
Mr. Plummer: I think it is dual, sir. I think that the County is in charge
of Douglas Road and we are in charge of the interior streets.
Mayor Suarez: That's the problem. It affected Douglas.
Mr. Shell: But it's on Douglas Road and they would have to change the traffic
directions on the Alhambra side also.
Mayor Suarez: The problem that lie is proposing may not affect Douglas Road at
all.
Mr. Plummer: Exactly. It's a main arterial.
Mayor Suarez: OK, sir?
Mr. Al Wilkins: I got about 15 seconds here, if you will go back to the
original plot of when this...
Mayor Suarez: Oh, you wanted to tell us that we couldn't do this at all,
right?
Mr. Wilkins: The fact that to me it would illegal to close it at all.
Mayor Suarez: Based on what? You had something that you wanted to show me.
What was it?
Mr. Wilkins: No, I just wanted to read the original dedication of the
property to the City. "The streets, avenues, roads, terraces, courts, drive-
in parks are hereby dedicated to the perpetual use of the public." That don't
say just the residents of Coral Gate. So a court might throw it out anyway.
191 October 27, 1988
Mayor Suarez: Don't think that changes our determination or Mr. City
Attorney, unless you think it does, but I thank you anyhow.
Mr. Wilkins: That's in the original plot..
Mayor Suarez: I guess it depends on what your interpretation of the use by
the public is. OK, thanks to both sides.
Mr. Perez: Can I ask one question?
Mayor Suarez: You can ask a question.
Mr. Perez: OK, this Oregon...
Mayor Suarez: Do not. make an argument. Ask a question, please.
Mr. Perez: Just a question. This Oregon Plan, does that entail a traffic
study? Does this entail a bonafide traffic study? I am asking the question,
because if I am taking for a......
Mayor Suarez: Well, the Commissioner made his motion. Let me ask him. I
don't think we...
Mr. Plummer: The traffic study will be done by the deportment. They are the
ones that have been in there.
Mr. Perez: But it will entail a traffic study?
Mr. Plummer: Yes, sir, in-house.
Mr. Perez: Thank you.
Mayor Suarez: In-house traffic study. OK, thank you. We will try to come up
with a solution that's more acceptable to a higher proportion of the
neighborhood, if we can. Believe us, we don't like to vote when it 96 to 70
like this.
62. CONTINUED DISCUSSION CONCERNING REQUEST FOR PROPOSALS FOR FULL -SERVICE
BOAT YARD FACILITY, MARINA AT 2640 South Bayshore Drive (See label 60)
Mayor Suarez: Did someone from the prior item want a clarification, or that
wanted to make a statement, the one having to do with the Merrill Stevens... I
mean Bob, I can't imagine that there would be anything that during the time
and process that we have gone through to get to where we are now that we have
not considered, that you could possibly add to the deliberations of this
Commission, but...
Mr. Robert Sechen: Mr. Mayor, just very quickly one, let me just read...
Mayor Suarez: That's a good way to cut him off.
Mr. Sechen:... let me just read you one thing. Robert Sechen, One SE 3rd
Avenue. On behalf of Merrill Stevens and other potential bidders, who were
here for most of today, who would have like to have been heard, if there was
an item raised. The public hearing was concluded. We just want to point for
the record that all of those people would not have had renotice on anything
that the Commission would do, and I just want to point that out for the
record.
Mr. Plummer: This was not a public hearing.
Mr. Fernandez: Yes, it was.
Mr. Sechen: Yes, it is.
Mr. Plummer: Oh, I'm sorry.
192 October 27, 1988
Mayor Suarez: Well, what did we not consider in the last year and one-half or
two years of dealing with this item, if anything?
Mr. Robert Harding: Good question. My name is Robert Harding, 2545 South
Bayshore Drive. I am a partner in Dinner Key Boatyard. By the way, Mr.
Mayor, I went out and told the Merrill Stevens people that you were going to
bring this back up and they were Aware that it was being brought back up and
their people are here. We came...
Mayor Suarez: You are not bringing anything back up. I want a clarification.
What can we possibly have added to the deliberations that we had for a year
and one-half, if anything.
Mr. Robert Harding: Mr. Mayor and Commissioners, the RFP...
Mayor Suarez: That we have missed.. I mean, I've...
Mr. Harding: ... has come back out with some serious flaws. There were a
great number of people who were prepared to stand up and offer input on this.
The Marine Council has called repeatedly, asking to allow its input. We came
prepared, if anybody attacks the City's minimum standards, to say please don't
lower them, but the minimum standards...
Mayor Suarez: Let me say this on the issue of the Marine Council. First of
all, I believe the Marine Council was dead opposed to the City running the
boat service facility, the full service boatyard out there, were they not?
Mr. Harding: That's correct.
Mayor Suarez: And we have moved away from that position in the last few
months, so...
Mr. Plummer: No sir, that's not true.
Mayor Suarez: Well, we may be moving away from that position, depending on
what...
Mr. Plummer: We may be, yes, sir.
Mrs. Kennedy: Yes, but...
Mayor Suarez: So the Marine Council's input has been accepted as to that
particular point, which I think was the overwhelming desire and the most
important single concern of the Marine Council, so I don't want to make it
sound like we have ignored the Marine Council, because I've gotten many, many
letters, as I am sure that the rest of the Commissioners, have, on that issue.
Mrs. Kennedy: But Mr. Mayor, what we approved today, is exactly what we have
been discussing.
Mayor Suarez: I thought so myself.
Mrs. Kennedy: In fact, the last time that Merrill Stevens came up this was
verbatim.
Mayor Suarez: Minor modifications, you know may have been made, Bob, but you
know...
Mr. Harding: Look, can I make my point?
Mayor Suarez: Yes.
Mr. Harding: This RFP is significantly different, not on the minimum side, it
is significantly different on the maximum side. The minimum side doesn't
matter, because $1,500,000 won't do it. But on the maximum side it says ten
years for $1,500,000 and then it says beyond that is negotiable. Well, sir, I
can't ask our businessmen to make a proposal when I don't know what the cut
off year...
Mr. Plummer: There is none.
Mr. Harding: There is none?
193 October 27, 1988
0 0
Mr. Plummer: No, you can put anything in there that you want. You can
propose 20 years or 30 years, and any amount of time you want or any amount of
dollars you want. That was supposedly the big bugaboo before, and we've
eliminated it.
Mr. Harding: OK, well that certainly clarifies that, Mr. Plummer.
Mr. Plummer: Let me ask one question, Sergio, that maybe could be. Is a
bidder allowed to put in more than one bid?
Mr. Rodriguez: That is legal question.
Mr. Plummer: In other words, based on this conversation, if he put in a bid
for ten years, if he couldn't put in a "b" portion for 20 years and a "c"
portion for 30 years, is that...? Or does it have to be...
Mrs. Kennedy: It has to be five to ten...
Mr. Fernandez: Not bidding against himself for the...
Mrs. Kennedy: Yes, as part of the same package, you are saying, not submit
one bid and then submit a second bid but saying alternative "a," "b," and "c."
Is that what you were saying, Commissioner Plummer?
Mr. Plummer: Well, I am saying is, could he put in there that the City has a
smorgasbord. You know, "a" is City for ten years, I will do this, City for 15
years, I will do this, City for 20 years, I will do this. Is that possible?
Mrs. Kennedy: Probably, yes.
Mr. Fernandez: I think it would be.
Mr. Plummer: Well, would you make sure that the other people that were here
are aware of that now, so that there is no unfairness here.
Mrs. Kennedy: Yes.
Mr. Rodriguez: We might want to clarify that when we send the RFP.
Mrs. Kennedy: Yes.
Mr. Plummer: OK, just so that everybody is playing by the same rules.
Mr. Rodriguez: So that everybody will have the same language.
Mr. Harding: OK, may I continue with one last point, Mr. Mayor? The people
who were under the impression that this was a public hearing today, and I
think that's... would many of them wanted to speak to the point of the City's
criteria for selecting the favored proposer. And we went though this last
time, and we, and every observer felt that the City's criteria, the Department
of Development, under the previous group, that their criteria, had there been
a close contest, between several qualified bidders, would not have lead to the
selection of the outstanding proposal, and I think that there are people who
would like to have some input with Mr. Bailey and offer some other criteria
that might come closer to helping you when you get down to the crunch of
selecting the best boatyard.
Mr. Plummer: I would have no problem with you writing Mr. Bailey a letter
offering criteria. Whether he accepts it is his purview.
Mr. Harding: OK, that's good, I appreciate that. Thank you very much.
Mayor Suarez: You know, we tried to build some objectivity by specifying
reasonably clear parameters and then leave some subjectivity by having a
panel of people that we trust, and of course following the rest of the UDP
process, which is quite complex, if I remember, the ordinance in question is
16 pages long, I remember, when it was first passed. To go beyond that, I
mean, we will take any input at this point, Bob, but...
Mr. Harding: We basically agree with what you are doing.
194 October 27, 1988
Mayor Suarez: I was hoping you'd say that, because we can't do much better on
this kind of issue, frankly. If the people felt that they were shut out, we
didn't mean to. We assumed, that everynne was ►lel'F, to make sure that we did
what we did, not that they wanted to have additional input. You know, if
there is anything that we have missed, not in terms of whether we did all the
things you'd like its to do, but anything we have not considered, I can't
imagine there is anything we have not considered. If there is anything that
we haven't...
Mr. Harding: Just that ambiguity on the high side of the maximum terms.
Mayor Suarez.: And that ambiguity was somewhat purposeful, because it was left
in there, but...
Mr. Herb Bailey: I would just 1 ike to make a couple of comments. First of
all, on the evaluation criteria, what we sent out in the RFP as an indication
to proposers that would be the criteria for which they will be evaluated
against, that has to be absolute when we send it out. It cannot accept
something that comes in at a later date, after the RFP has been sent to the
public. On the other issue in terms of the time frame...
Mayor Suarez: Well, but that doesn't preclude them from writing any letters
that they would like, indicating that because we have missed something, we
somehow didn't go through the proper public hearing process, and I want to
clarify that. They are welcome to...
Mr. Bailey: If they are going to do that, Mr. Mayor, then I guess the
Commission will have the prerogative to determine whether or not that RFP will
be tossed out, and we'd have to do another one.
Mayor Suarez: Exactly! I can't imagine that there is anything new that we
haven't heard, that we have not contemplated, but just in case somebody left
something out, we'd like to know about it.
Mr. Bailey: And I guess the City Attorney could probably then advise you asa
to what route that would take, because then that would be a challenge to the
RFP process.
Mayor Suarez: Yes, we are not into that. At this point, I don't believe we
will have a challenge.
Mr. Bailey: I would just like to ask for clarification from Mr. Harding. The
evaluation criteria is in the package and is a part of the draft request for
proposal and if he saw fit at this time express his concern on these seven
categories that we are using for evaluation, otherwise, this RFP will go out
on November 14th and will stand as it is.
Mayor Suarez: That's exactly our intention, but we can always take more
input, Herb.
Mr. Bailey: OK, well, I just want to make it for the record.
Mayor Suarez: Did you want to say anything specific, Bob, other than what you
have already said and clarified to some extent?
Mr. Harding: We've written down our points. We knew that you were not going
to want to hear us for 20 minutes on this, so I will be happy to give our
letter to the City Manager.
Mr. Plummer: Mr. Mayor, I understand what he is saying, but I feel this is
totally unfair, based on the fact that others who maybe wanted to speak are
not having the same opportunity. Now, if we are going to allow that, then I
am going to ask this be brought back on the 3rd of November and that everybody
have the same opportunity. I don't want any fingers being pointed.
Mayor Suarez: Beyond being unfair to other people that may have been here,
we'd be unfair to the whole process, to expect us to do more than what we have
done on this item. I have to warn everybody of that. I mean, at some point,
this Commission and those of us who have been fighting to do what I think you
want us to do on this are going to get a little tired on this item. We have
other things to deal with in the City of Miami, and you can open it up if you
want. I didn't see anybody raising their hands, frankly, and I want to put
195 October 27, 1988
6
that into the rPrord. I didn't say anyone
that evervone was h(1rP to makP sure that we
that everything was Knshrr. MavbP, if y
could have been done and I think you.) hayP
but...
approarh the podium and I assumP
acted as we had planned to act and
oil wanted any clarification, that
gotten a couple of clarifications,
Mr. Harding: Well, Mr. Waldman from the Marine Council is here, so I
certainly withdraw anything that is going to wind up making this process any
longer than it already is.
Mayor Suarez: You've got it! That's exactly where we would be heading if we
had to take additional input.
Mr. Lou Waldman: Mr. Mayor, Vice Mayor and Commissioners, my name is Lou
Waldman and I am representing the Marine Council here in Miami today at this
meeting. I am n director of the Council and I also the chairman of the
boatyards and marinas division of the Council. We are not interested either
in seeing this process drawn out, but we are a little bit concerned because of
the fact that John Gonzalez, the president of the Marine Council sent a letter
to the Mayor and all the Commissioners. I think copies went to various staff
members and we never got a response in terms of attempting to get some really
objective input into the development of the RFP, and one of the conditions
that we are most concerned about is that not only the RFP be done in the best
interest of the City and the public here in Miami and the surrounding
territory, it also be fair and equitable in terms of the potential bidders and
hopefully draw, frankly, more bidders into the process, which I think was part
of the problem on the latest go -around but the other concern that we have is
that, and I have just had a very cursory glance at what appears to be the
revised and new RFP which I understand is scheduled to go out on the 14th of
November. Dick Briggs, who is the executive director of the council, hasn't
seen the RFP at all, the proposed RFP, nor to my knowledge, has any member of
the council staff, or directors, or what have you, are privy to that
information. And what our input was, really on an objective basis, by
offering to the Commission, individuals who would absolutely not be connected
with a company, a group, or they themselves, interested in participating in
the process of bidding on the RFP, but rather take advantage of years and
years and years of experience in terms of operating shipyards, boatyards,
marinas, and all the ancillary kinds of things, just to sit down with staff,
which we requested, and have a discussion about certain valid points that are
of concern to the marine community in general, as we understand our own
membership, and others who are outside of the membership who we've talked to
US. That opportunity, for one reason or another didn't come about and I don't
know why it didn't come about, and I am not here to tell you how to run the
Commission. I was a County Commissioner at one time up north myself, so I
know I've sat in that seat. I am not here to tell you that, I'm just here to
appeal to you to give some objective individuals an opportunity to sit down
with Mr. Bailey, whoever it is, and go through some of the elements that we
feel in our cursory perusal of this last go around. The present go around on
the RFP might be (a) clarified, may be modified to some degree, as you already
modified your thoughts about alternate proposals by one entity, which I
frankly, personally think is an excellent idea, because it gives you the
broadest possible latitude in terms of the kind of response and the kind of
possible acceptance that you may have in terms of those responses. That's, I
think in a nutshell, what the Marine Council's position is.
Mayor Suarez: Let me convey this to the Marine Council, as one of the people
who is at the forefront of the battle to not have the City operate this
facility. If you open this up for any more input from any one person, you
would have my vote against that, and my vote in favor of the City running that
facility out there, And you know why? - Because I try to represent the people
of Miami as to all of the items that we have that come before us and this is
just one item to us, and we have spent two and cne-half years on this item
since I was elected. I think we have had it since the beginning and we just,
you know, we've come to the point that we have to get on to other items. It
is as simple as that. We have a lot of people in this community that have a
lot of good ideas and we take all the input. We try to read the
correspondence from Mr. Gonzalez, we come to your meetings. On this
particular issue we have changed our minds and modified our stances more times
than any other issue. I think we have been more flexible on this than any
other single thing that we have handled since I have been here, and have come
up with what I think is a very nice result, which as Commissioner Plummer has
indicated, we may change our minds on that. We have the freedom to do that.
196 October 27, 1988
4 q
I hope we don't. I hope we get bidders and I hope it works out, and I think
some people in the Marine Council community maybe are not aware of how
difficult it has been to get to the point that we are. You might want to
convey that to them.
Mr. Waldman: And I personally, I appreciate that and I think many of the
Marine Council members who have kept track of this do appreciate it. Are you
saying that that in essence then precludes us from any discussion with Mr.
Bailey on some points, whether they be eyeball to eyeball, or in writing?
Mayor Suarez: Not at all, except that we sent., I mean we have approved an RFP
to be sent. out and it cannot be modified from that point forward, that's the
problem.
Mr. Waldman: But are you not indeed going to modify the RFP, vis-a-vis the
alternate proposals coming from one bidder?
Mayor Suarez: No, that's built into the RFP. They can produce more than one
proposal.
Mr. Plummer: I just asked if that could be done and the answer is yes, it
could be done.
Mr. Waldman: Oh, OK.
Mayor Suarez: Right. That's in the RFP.
Mr. Waldman: That's all ready in the mechanism. OK, thank you very much.
Mr. Plummer: Excuse me, just for the record, are you aware that two members
of your Marine Council are on the analyst team?
Mr. Waldman: The Review Committee, after the fact.
Mr. Plummer: That is correct.
Mr. Waldman: Right, yes.
Mr. Plummer: You are aware of the two up there.
Mr. Waldman: I am indeed, and we appreciate the input there.
Mr. Plummer: You are also aware that the one thing that this Commission
strives to do in this one, was to keep it as simple as possible, with a
proviso called negotiable. So we basically said, minimum ten years, minimum
$350,000. Anything beyond that is negotiable.
Mr. Waldman: So negotiable could be read into the various alternatives that
could be proposed.
Mr. Plummer: I don't know how much broader you can make it with the word
negotiable.
Mr. Waldman: Right. All right, that just a point of clarification for me and
I see you nodding your head affirmatively, so thank you very much for
clarifying.
Mayor Suarez: And there is all kinds of arguments you can make that is too
flexible, let me tell you, because it is going to be confusing trying to
analyze the different proposals that we are going to get. That's going to be
a little bit more subjectivity than might make sense. OK, thank you.
-------------------------------------------------------
NOTE FOR THE RECORD: The attorney for item PZ-37 had to leave the
meeting for medical reasons. It was agreed that public speakers
would be heard and the item would be continued. (See label 64.)
-------------------------------------------------------
197 October 27, 1988
63. FIRST READING ORDINANCE: 2900 Bridgeport Avenue Zoning atlas change
from RO-2.1/4 to CR-2/7.
--------------------------------------------------------------------------------
Mayor Suarez: P7.-36.
Mr. Guillermo Olmedillo: PZ-36, Mr. Mayor and Commissioners is a zoning
application from RO-2.1/4 to CR-2/7, and there is property located at 2900
Bridgeport. Avenue. A couple of things to be explained here. The 1985
Comprehensive Plan shows this area as a residential area. However, our zoning
atlas, our present zoning atlas, shows this area as an RO-2.1/4, which is
obviously the residential -office district. Therefore, what I am saying is
that they don't conform to each other, or the zoning doesn't conform to the
Comp Plan. The original application is for CR-2/7, which is the district
adjacent to it, which would mean a Comprehensive Plan amendment. However, the
Zoning Board recommended a change to RO-2.1/5, which would not represent a
plan amendment. I hope you are following this.
Mrs. Kennedy: Why would they do that?
Mr. Olmedillo: They recommended a lesser change and you can do that., if an
applicant goes for a very liberal district, both the Zoning Board and the PAB
and even you may take a decision to grant a lesser change, that is, if they
planning to a CR, you can recommend, or you can decide to go for a lesser
district and this case could be it.
Mrs. Kennedy: OK, but what was the original designation?
Mr. Olmedillo: The original application is CR, is for CR-2/7-
Mrs. Kennedy: OK.
Mr. Olmedillo: The reason, let me try the reason. The reason is that there
are three criteria to meet for zoning change application. One is that you are
adjacent to a district of which you want that designation, that you have 200
feet of frontage, or that you have 40,000 square feet. They only meet the
adjancency criteria, and for that reason the applicant goes for the CR-2/7.
Now, at this point what we recommend to the City Commission is that if you are
to grant the change, that you don't make final decision until the Comp Plan is
amended, the Comprehensive Plan is amended. The Comprehensive Plan that was
brought before you and that you referred to Tallahassee, to D.C.A. in
Tallahassee back in July, has this area as an RO designation, residential -
office designation. If you wait for your final decision for the Comp Plan to
come back, then everything will be in order, but if you... I believe that if
you try to take final decision before that occurs, I would defer to the Law
Department opinion, but our belief is that you will not be able to do it
because you will not be in compliance with the Comprehensive Plan and that is
one of the rules that you have to be in compliance with the Comprehensive
Plan. For the record...
Mr. Plummer: Why can't you amend it later?
Mr. Rodriguez: What do you mean later?
Mr. Olmedillo: Not, later than the final decision?
Mr. Plummer: Well, what I am saying is, there will be two openings in the
window, as I understand, on the Comprehensive Plan, a year, OK? You are
already admitting whoever made a mistake, that this is in fact a mistake.
Now, if we were to change this this evening, you are telling me, is it
possible, or not possible that at a later date, this can be rectified with the
Comprehensive Plan.
Mr. Olmedillo: But you are tonight before you, you only have the zoning
change and you don't have the Comp Plan amendment.
Mrs. Kennedy: This does not have a companion item?
198 October 27, 1988
Mr. Rodriguez: If you are inclined to approve this, you know we are
recommending denial, but if you a r P inclined to apprnvP this, you can approve
it on first reading. What we are saving is that you shouldn't take an action
on second reading, which will be final, until you have a final action on the
Comprehensive Plan amendment, 1,PcausP wP are going to have a plan amendment
coming before you for the whnlP Citv in December and in January. That will
take care of that. change at that point and then yoiir final action. on second
reading of this, should follow that act. ion on the Comp Plan amendment, if it
corresponds. But your zoning should go in accordance with the Comprehensive
Plan.
Mayor Suarez: OK, what. do you have to... why can't you wait until that
happens now?
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the board. For the
record, my name is Al Cardenas, 1221 Brickell Avenue. The existing zoning of
the property is RO-2.1/4. The existing Comp Plan designation is residential.
There is nothing that I know of in the law which says that the... there is
something in the law that says that the zoning and the Comp Plan designation
must be one and the same, or the zoning change needs to correspond to the Comp
Plan, excuse me. But there is nothing that says that that needs to happen
simultaneously. My strong suggestion is that we follow suit pretty much as
staff is suggesting, but we have two different. issues. One, is there nothing
wrong with, if you are so inclined after you hear arguments of staff and
ourselves, there is nothing wrong with approving a sector change designation,
which is what the Zoning Board is recommending that you do and recommended it
unanimously from RO-2.1/4 to RO-2.1/5 on first reading this evening. And
there is nothing wrong with your... regardless of what your decision is on
second reading, to go in December and agree to have the Comp Plan be in
keeping with your current zoning designation, which you would not be
disturbing one way or another with your decision here this evening. The issue
really becomes whether or not we ought to wait for second reading on the
sector change designation until such time as you will have approved the Comp
amendment. I say that you could do it both ways. I think that you are
legally allowed to approve on first and second reading the sector change
designation and subsequently, approve the Comp Plan amendment to correspond to
existing zoning, which will not be perturbed one way or another with an
approval of a sector change. That is my personal observation. If you wish to
follow staff's suggestion and that is to postpone the second reading on the
sector change designation to correspond with the second reading on the Comp
Plan amendment in January, that would be acceptable to us, although I do not
think it is legally necessary for you to do that.
Mrs. Kennedy: Let me ask our Legal Department your opinion.
Ms. Miriam Maer: Thank you. It would be my recommendation that in fact the
Administration's position be followed and that if you decide to approve the
sector change on this first reading, the second reading on this ordinance be
delayed until such time as the Comp Plan amendment is approved. They could be
done at the same meeting. You could approve the Comp Plan amendment and the
second reading of this ordinance.
Mr. Cardenas: That is fine. We will accept that.
Mr. Rodriguez: By the way, for the record, when Mr. Cardenas referred to a
sector change, that is in our definition of the ordinance, equivalent to a
zoning change.
Mayor Suarez: It sounds nicer as a sector change. I'm sure that's why he
used that terminology, which is the first time I've heard, three years of
being here, but that is why he is creative and that's why he gets paid, I
guess.
Mr. Jim McMaster: Jim McMaster, 2940 SW...
Mayor Suarez: Lucia wouldn't have done that, I know. I'm sorry, Jim, go
ahead.
Mr. McMaster: I'm sorry. 2940 SW 30th Court. At the zoning meeting in
September I brought this issue up directly to Mr. Cardenas twice in front of
the board and he assured us that he was certain as to the legality of this
issue. Now he thinks! - quote, unquote. Well, I called Rhoda Glasco, who is
199 October 27, 1988
.�W
the general counsel of the office of the Department of Community Affairs in
Tallahassee and she states that this .oninp change does require a plan
amendment, that the plan controls the devPlopment regulations. Section
163.3194 regulates the procedure the dpvploppr milst follow. We are now going
under the September 1985 Comprehensive Plan which cIParly shows this property
as residential and low to moderate density. On the map I gave you, that's the
area in red, number two. If you turn the next Rapp, and 1 asked Mrs. Glasco
this, you will sep it is now on number two, low moderate density. What Mr.
Cardenas and his client want is number six, residential -office. What, they are
applying for, CR-2/7, is a different category and Mrs. Glasco is definite that
if they go, they are requesting the City for a zoning change to CR-2/7. The
issue is not what they want., or what they'll settle for. The issue is, they
are applying legally for CR-2/7. When they do that, even if this property
today were shown on the Comp Plan as RO, they would still have to amend the
Comp Plan and they have to go back and start and amend the Comp Plan, whether
this property is residential, or RO, and you know, she and I went over this
and Mr. Cardenas has assured us that he has read all the applicable Florida
statutes and administrative rules as well as the City ordinances.
Mr. Cardenas: I'd like to respond to that for the record. Number one, they
are two separate i,sues, Mr. McMaster. What we are dealing with at the Zoning
Board hearing, neither you nor I nor staff at that time, and I think
rightfully so, you acknowledge that, realize that the land use designation at
that time was residential and not residential -office, inclusive. At that time
your argument and our argument was totally different. We were both coming from
the premise that we were under the impression that the Comp Plan designation
permitted residential -office in view of the fact that the existing zoning is
so designated. Your issue...
Mayor Suarez: When was that?
Mr. Cardenas: This was at the zoning hearing. You issue...
Mayor Suarez: Which was when?
Mr. Cardenas: Which was last month.
Mr. McMaster: September 26th.
Mr. Cardenas: September 26th. Your issue was whether we should have applied
for a Comp Plan change simultaneous with the application for the zoning
change. That was your issue, because we had applied for the commercial zoning
that we needed to apply for the Comp Plan change, so you and I both know that
we were dealing with a totally separate issue at that time, than the issue I
have just described this evening, and you have discussed. Now, let me answer
that, but...
Mr. McMaster: If I can interject, you know, you are noted for your knowledge
of the ordinance and the codes. The original application was to RO-2.1/5 with
an accompanying variance for a reduction in parking. That was then changed to
this CR-2/7. Somewhere along the line, someone must have considered a change
in the Comp Plan and as I indicated, it doesn't matter whether we are talking,
whether it is low density residential or RO, either way, if you are applying
for CR-2/7, you have to go and change the Comp Plan first.
Mr. Cardenas: We differed and we had a discussion on that issue, the Law
Department was there at that time and we dealt with that issue and we dealt
with itsatisfactorily and the Zoning Board reconunended unanimously that you
approve what we have requested, and the reason for that is several -fold.
Number one, let me clarify something which hasn't been clarified here, and
that is that it is not us as applicants, but it is staff who will initiate the
requested Comp Plan change, because staff knows that the current zoning
designation is not in keeping with the Comp Plan and staff knows that it is
their responsibility internally, to seek that change and to bring it before
you, so it is a very big difference. Staff understands that the current
zoning designation must be in keeping with the Comp Plan and it is going to be
staff's prerogative, not the applicant's, to bring it before you. That's a
major difference number one. Major difference number two...
Mayor Suarez: You are saying it is not their prerogative, it is their
obligation.
200 October 27, 1988
Mr. Cardenas: Tt's their obligation, that's correct.
Mayor Suarez: Under the statute.
Mayor Suarez: And zoning, that major difference, number two, which is why it
was a recommendation of unanimous approval by the Zoning Board, after hearing
our arguments, was that there is nothing which makes it mandatory in the City
Code or rules that an application be filed simultaneously for a Comp Plan
change and for a zoning change. After we filed for the zoning change, but
before it got to the City Commission, we were turned down by the Zoning Board
for the requested commercial change. Now, we were approved unanimously for a
change from RO-2.1/4 to RO-2.1/5. When they did that, it no longer made it
necessary to have a Comp Plan change to commercial. As soon as the Zoning
Board recommended on that basis, and we. accepted it, that automatically
modified the application and made moot the issue of having applicant to apply
for a Comp Plan change. The only reason you have a Comp Plan change being
brought to you by staff is because for some internal error in the past, the
Comp Plan was never adjusted to be in keeping with the zoning. That has
nothing to do with what the applicant is doing here. That is to correct a
previous mistake.
Mr. McMaster.: Excuse me, could I interject here. I remember...
Mayor Suarez: No, let me interject something here, since we are getting to
the previous mistake and I am not sure I understand the previous mistake.
What was the previous mistake, Mr. Cardenas? - that you are just now getting
around to explaining, or anybody, for that matter.
Mr. Olmedillo: Yes, if I may explain. When the Comp Plan was prepared in
1985, which was after the zoning atlas was in place. The Comp Plan tried...
Mayor Suarez: At that time, what was the classification that this property
had, the zoning classification?
Mr. Olmedillo: The zoning? RO-2.1, which is a residential -office
designation.
Mayor Suarez: Well, give me the whole thing, if you are going to give me
that. What was the classification, RO-2.1/4?
Mr. Olmedillo: Slash four, that is the zoning.
Mayor Suarez: Thank you. It is complicated enough. If you leave some of it
out, you might really confuse me.
Mr. Olmedillo: The thing is, I have to address the land use, which is
different from the zoning designation. Now...
Mayor Suarez: The classification, it means the whole shebang, go ahead.
Mr. Olmedillo: Now when the '85 plan was ;Wade and printed, that was left out
as part of the RO district and it was included as part of the residential
district, and the...
Mayor Suarez: But RO is residential.
Mr. Olmedillo: RO is residential, but not the same designation that we have
for that particular color.
Mayor Suarez: OK, so we made the mistake in the Comp Plan in nineteen
eighty...
Mr. Olmedillo: Five, and that was approved in October, 1986. Now, we amended
the mistake in the plan that we sent to Tallahassee, which was before you on
July 21st, so that is taken care of.
Mr. Plummer: What do you show it in that plan?
Mr. Olmedillo: In that plan is shown as residential -office.
Mr. Plummer: Just RO?
201 October 27, 1988
Mr. Olmedillo: Well, remember, the ]and use doesn't have the numbers that you
have in the zoning.
Mr. Rodriguez: It's called residentia]-office.
Mayor Suarez.: OK, what does any of that have to do with the CR-2/7, whatever
it is that they are requesting there?
Mr. Olmedillo: Nothing. Neither plan shows a CR. The original application
was for CR, because they did not meet the other criteria, the 200 feet of
frontage, or 40,000 square feet, so the only criteria that they could apply
under would be the adjacency.
Mayor Suarez.: Just to be able to apply. Not on the merits...
Mr. Olmedillo: Right. No, no, just to be able to apply.
Mayor Suarez: Just to be apply to apply they have to meet one of the three
and the only one they met is... they didn't meet any of them, but they could
say they were next to CR-2/7...
Mr. Olmedillo: To the CR-7.
Mayor Suarez:... and therefore they applied under that.
Mr. Olmedillo: Right, that's correct.
Mayor Suarez: And you are recommending on the zoning classification, against.
Mr. Olmedillo: Against it.
Mayor Suarez: Now, if we were disposed to grant that, then you get into the
issue of the Comp Plan, is that the... geeezl
Mr. Rodriguez: We are there.
Mr. Cardenas: But we get into the issue of the Comp Plan as a result of the
previous situation, not as a result of this application.
Mayor Suarez: I don't see that at all.
Mr. Plummer: I don't either.
Mr. Cardenas: Yes.
Mr. McMaster: I'd like to interject...
Mr. Plummer: To me, let me tell you how I understand it and tell me where I
am wrong. If you are changing from residential to commercial, then it seems
logical that you would have to change the Comprehensive Plan.
Mr. Olmedillo: Right.
Mr. Plummer: If in fact you are staying residential to residential, there
would be no need for a change.
Mr. Olmedillo: But the fact is that our Comp Plan shows a difference between
a purely residential district and a mixed use district, which is called
residential -office. We have two different classifications, so if we have that
scale of uses in the Comp Plan, we have to amend the Comp Plan either way.
Mr. Plummer: Well no, the difference is, you would amend it to correct the
mistake.
Mr. Olmedillo: Correct.
Mr. Plummer: He would want to amend it if in fact this were to be passed.
Mr. Rodriguez: Right.
Mr. Olmedillo: Right.
202 October 27, 1988
0 0
Ms. Maer: If you were to pass the CR-2/7.
Mr. Flummer: Yes.
Ms. Maer: That's right.
Mr. Cardenas: Mr. Mayor, let me if I can, could I bring this a little bit
into perspective. You have a Legal Department and you have a Planning
Department, and you got counsel for the applicant and you have a Zoning Board,
all of whom have... well, not only the Zoning Board, the Zoning Board and a
marriage. Now, going back to the technical issues. You've got. a Legal
Department, Planning Department and counsel here, all of whom are telling you
that a particular means by which to get to the end. Counsel has agreed to
proceed in accordance with the recommendation of your Legal Department, and
your Planning Department. I don't really think, my humble opinion, that you
want to get into a legal argument with your own Legal Department and counsel
for the applicant, if we are all in agreement.
Mayor Suarez: OK, maybe I see the light at the end of the tunnel.
Mr. McMaster: Excuse me, could I request a deferral?
Mayor Suarez: Wait a minute, Jim, wait a minute, because if we don't
understand the technical posture of this thing, we are not going to get
anywhere. Is he saying to accomplish what was previously approved, he would
have to go to a CR-2/7, is that what he is saying?
Mr. Cardenas: No.
Mr. Rodriguez: No, the issue, let me see if I can add to this.
Mr. Plummer: The issue is the Comp Plan has got to be changed regardless.
Mr. Rodriguez: The issue that he has brought...
Mayor Suarez: Right, so we will change it regardless, but what does this have
to do with his wanting to change it from RO-2.1/4 or 5 to CR-2/7?
Mr. Rodriguez: The issue is the difference between what Mr. McMaster is
saying and what Mr. Cardenas is saying now, which is, I think Mr. Cardenas is
agreeing with us that you have to have a Comp Plan amendment before you take
up final action on the zoning. Mr. McMaster is saying that you have to have a
Comp Plan amendment before or concurrent with, the application for the zoning.
Mr. McMaster: What I would like to suggest is...
Mayor Suarez: Whoopee to all of that. What does that have to do with
changing RO-2/4 to CR-2/7?
Ms. Maer: Mr. McMaster I believe is saying that because the existing Master
Plan designation is purely residential, that you should not be able to even
consider this on first reading until the Comp Plan amendment has been
processed through the Planning Advisory Board.
Mayor Suarez: Whoa. I'll tell Mr. McMaster, my good friend that I don't give
two hoots about that argument because I don't care too much about the DCA
supervision of what we are doing in the zoning area, but I do care about
changing the zoning classification south of U.S. 1.
Mr. McMaster: Could I interject something here?
Mr. Plummer: Well, you see?
Mr. McMaster: I think just to clarify the issue, Mr. ...
Mr. Plummer: Hold on, you see, this is one of the areas that I brought up
before when that Master Plan went before the Regional Planning Council, and
that is that Mr. McManus has a point. Whether it is critical is where I have
to make a decision, but yes, in fact, as I understand, in the new
Comprehensive, any time that you make an application for a zoning change
simultaneously, you have to make an application to DCA. Is that correct?
Now, and I asked then and I ask the question now.
203 October 27, 1988
0 0
Mayor Suarez: Well, if that is not correct, tell us, because otherwise,
that's going to be on the...
Mr. Plummer: It's going to drive me crasy.
Mr. Olmedillo: No, I'I] tell you, we have in our Code, we have chapter 62
that reads, Wl,n an application for 7.oning and application for Master Plan
amendment are filed, then the Comp Plan amendment has to be heard first. That
is chapter 62 of our Code, but it says when they are filed.
Mr. Plummer: But. all right, are you then saying, from what I just understand,
then, that they have the right: to hear the Master Plan first before we do?
Mr. Olmedillo: You mean the applicant.?
Mr. Plummer: No, DCA.
Ms. Maer: No, he was talking about the Planning Advisory Board has to hear an
application for a Comp Plan amendment before the Zoning Board, or this
Commission hears the application for the change of zoning, when, and that is
the language in chapter 62, when companion applications are filed, for both
the plan amendment and the zoning amendment. In this instance, the applicant
only filed an application for this change of zoning and did not file a
companion application for a plan amendment. Mr. McMaster feels and is making
the argument now that he made at the Zoning Board, that in fact we should not
hear this until the plan amendment application has been processed and heard by
the Planning Advisory Board and I researched that issue and I disagree with
him because of the language in chapter 62. That requirement that the PAB hear
the plan amendment first only applies where you have such companion
applications filed concurrently.
Mayor Suarez: And none of this has anything to do with the merits of the
application from RO-2.1/4 to CR-2/7, it is just to the issue of when we get to
contemplate this?
Mr. Cardenas: Mr. Mayor, we don't want CR-2/7.
Mr. McMaster: Can I make two or three points and then I will drop the issue.
I would like...
Mayor Suarez: I cannot believe you two would keep us arguing this forever and
ever and when it isn't even clear that we would contemplate this on the
merits, or on the other hand, when it is clear that it might be that...
Mr. McMaster: Well, Mr. Cardenas has had...
Mr. Cardenas: Mr. Mayor...
Mayor Suarez: Wait, wait, please!
Mr. McMaster: I only have three things to say and then I will drop it.
Mayor Suarez: Right now we only have three of us.
Mr. Castaneda: We don't want a CR.
Mayor Suarez: Chances are we wouldn't have a unanimous vote on any of this in
any event, so please... we have four, I guess.
Mr. Castaneda: We don't want a CR-2/7, Mr. Mayor. You've got to understand,
the only issue before you...
Mayor Suarez: Because I'll move to deny your application and we'll solve the
problem.
Mr. Castaneda: No, the only issue before you today on the merits, is whether
you ought to agree with the Zoning Board's recommendation to change this site
from RO-2.1/4 to RO-2.1/5. That's all we want, that's all that is going to be
before you, and I urge you to hear it on the merits.
Mayor Suarez: Hold that. Why then is he applying for a CR-2/7?
204 October 27, 1988
Mr. Rodriguez: Because the only way he can apply for a change in this
particular case at all...
Mayor Suarez: At all! Becai.sP of the three -threshold requirements.
Mr. Rodriguez: Because hp doesn't have the area, the minimum area
requirement, the only thing he has, he doesn't have the frontage either. The
only thing he has is adiacency, so he...
Mayor Suarez: Which, by the way, are ridiculous requirements. Why do you have
to have a particular frontage to apply, and some guy who has got a bigger lot
i
can apply, and I'll never figure that out. j
Mr. Rodriguez: To avoid a spot zoning. But anyhow, that is the only way they
could apply, so they use that as a way to apply for the zoning change, having
in mind that they want to get RO-2.1/5.
Mayor Suarez: And so far, we have not gotten to the merits of the actual
change of zoning that they would like.
Mr. Rodriguez: We haven't. gotten there yet.
Mr. Cardenas: Mr. Mayor, all...
Mayor Suarez: Wait, wait, let's hear from the Commission, if the Commission
is disposed to... how the Commission is disposed to handle this procedurally,
because otherwise...
Mr. Plummer: Let me ask for clarification. Here I am reading that based on
the CR-2/7, that the Planning Department recommended, and the Zoning Board
recommended denial, but approval of the change to RO-2.1/5 voted, I assume,
approval seven to nothing, by the Zoning Board. Does that change the
recommendation of the department?
Mr. Olmedillo: It will change the wording, but it doesn't change the
recommendation for denial. As you can see, you have a uniform district and
that will create a pocket which has no height limitations, and it has
privileges which are not the same for the other people.
Mr. Plummer: So you are still recommending denial.
Mr. Olmedillo: Denial, with different wording.
Mr. Plummer: All right, the other question I have, is it within the purview
of the Commission when an application is filed because of the only reason they
could file it in one classification, to revert and drop back to another.
Mr. Olmedillo: To a lower classification, yes.
Mr. Plummer: Then the requirements...
Mayor Suarez: That really makes no sense at all, you know thatl
Mr. Plummer: Then the requirements to make it the three thresholds,
absolutely makes no sense at all.
Mayor Suarez: Exactly. That really makes no sense at all, what you told us.
Mr. Plummer: You apply for anything you want to apply for and if you can drop
it back to this, that's crazy.
Mayor Suarez: And this is complex enough without that possibility of using
one of the three threshold requirements being that the fact of the adjacent
zoning, that's what the posture of the application is. You are asking us, or
your permitting us the possibility to go back to an RO-2.1/5.
Mr. Rodriguez: We are recommending against it.
Mayor Suarez: Well, you are recommending against the whole damn thing, I know
that.
205 October 27, 1988
Mr. Cardenas: Mr. Mayor, the one interesting thing, though, is that you will
observe that historically, applicants have been able to apply for a particular
zoning and there has always been the prerogative on the part of the Commission
to deny the zoning requested and approve a lesser zoning category.
Mr. Plummer: Yes, but. it wasn't with the intent of slight of hand.
Mayor Suarez: Meeting a threshold requirement.
Mr. Cardenas: Right., but the point being though, Commissioner, that's all
well and good, and of course if the Commission wishes to instruct the Planning
Department to review that chapter for further changes in the future, that's
fine, but we are here based on the existing ground rules. We have complied
with existing ground rules. You have a Legal Department and a Planning
Department that have recommended a course of action. We have agreed to abide
by that course of action.
Ms. Maer: Talking about histories and all.
Mr. Plummer: History yes, please, I've heard all the historical today that I
can take.
Mr. Castaneda: That's right, and all we want to do is proceed on the merits
of the case.
Mr. McMaster: Can I make three points, and then if the Commission so wishes,
they can...
Mr. Plummer: No, please, the Mayor said the Commission, now let's us try to
straighten this damn thing out in our own minds first.
Mayor Suarez: You know what is interesting, Commissioner, that it seems to me
that if we went and discussed the merits briefly, we probably would come up
with a determination that might be acceptable, not to both sides, obviously,
but certainly...
Mr. Plummer: My next question is to the department. Tell me, what is the
difference between the 2.1/4 and the 2.1/5?
Mayor Suarez: I'm glad you asked that.
Mr. Olmedillo: The sector 4 has an FAR of .49, the sector 5 has a FAR of .75.
Mr. Plummer: 175?
Mr. Olmedillo: No, .75.
Mayor Suarez: No, .75. We are going from .49 to .75.
Mr. Olmedillo: Right.
Mr. Plummer: 25.
Mr. Olmedillo: Right, the height is unlimited. Once you cross the sector
four, you go over sector four, you don't have any height limitations.
Mr. Plummer: All right, so then if this Commission wanted to grant, we have
it within our purview to grant the 1/5.
Mr. Olmedillo: Right.
Mr. Plummer: Wait a minute now, wait a minute. That doesn't...
Mr. Olmedillo: Let me tell you the differences.
Mr. Plummer: OK.
Mr. Plummer: Parking, there is a slight difference between sector 4 and
?ector 5. There is as lesser requirement per square foot of the...
Mr. Plummer: Do they meet the requirements of parking?
206 October 27, 1988
Mr.
Plummer:
If thev were to Ro to
the I.S.
Mr.
Olmedillo:
That I don't knew,
hecause that is not under...
Mr.
Plummer:
Well, that's their prohiem,
right? OK, now, isn't possible if
I
we
were predisposed
to grant the
2.I/5, that we could accept a covenant
restricting
the height, as long as
it is voluntarily given. _
Mr.
Olmedillo:
If it is voluntary,
yes, sir.
Mr.
Plummer:
Thank you.
j
Mayor Suarez: OK, I am disposed, if I am hearing correctly, what I hear from
Commissioner De Yurre and from what I've heard Commission Plummer, my own
feeling to hear this matter on the merits and get decided once and for all.
I'm not concerned very much at all with whether the Comprehensive Plan has to
be changed before or after or any other time. Counselor, do you want to
address the merits of your...
Mr. Cardenas: Yes, Mr. Mayor and members of the board, you have before you a
glossy color photograph of the existing structure. The zoning application
pertains to the use of that structure. The existing four-story structure has
on the top level, two apartments, residential apartments. It is zoned to
permit that for apartment use only. This is a parcel of property that was
built by the original builder, went bankrupt. The savings and loan had to
take it over in bankruptcy. They now negotiated its purchase with the folks
who are here and I will introduce them shortly, who want to of course occupy
the building on an economically unfeasible basis. The appraiser is here as
well, and he wants to spent just one minute telling you why it is a totally
economically infeasible building at this point, and the property is currently
zoned RO-2.1/4. The only way that the apartments up here can be changed to an
office use, is if you change the sector from a 4 to a 5. That is just
technically fact. We don't want to change the size of this building. We
don't want to increase its height, we don't want to increase its overall gross
square footage of construction. We want to be able to use the existing
building and be able to use the existing space that we have for office
purposes and eventually to enclose, but that issue is not before you today...
to enclose the balconies to permit also office use.
Mayor Suarez: Do you want to commit to those proposed non -changes, let's say?
Mr. Cardenas: Absolutely. Let me, if I can, tell you the following. In
terms of precedent, we unfortunately don't have with us the aerial photographs
that we had before the zoning board to show that the sectors between SW 32nd
Avenue and 27th Avenue on both sides of South Dixie Highway range between
sector 7, 4, 5, and there is an 11 I believe, at the corner of 27th Avenue.
All of those sectors are perfectly complimentary to a sector change that we
are requesting. It is a mixed us area, combining residential, commercial and
office, as you know. What we are requesting here this afternoon is something
that is necessary, the property is currently unoccupied. That corner, if you
people gone over bridgeport , you will understand that together with this
abandoned building and the empty lots next door, there is a lot of vagrancy
and crime in this street. We not only have our client here, but we have a
number of neighbors in that street, we are here to testify, and in the
surrounding area, we are here to testify that they want this change approved
very badly.
Mayor Suarez: Al, if you wouldn't change the configuration, why do you have
to change from a /4 to a /5?
Mr. Cardenas: Because Mayor, that is technically the only way that the
residential space on the top floor can be changed to an office space, and it
is...
Mayor Suarez: What the rest of the building is? Wait a minute, which the
rest of the building already is?
Mr. Cardenas: Yes, which is what the rest of the building already is.
Mayor Suarez: You mean to tell me that we have a zoning code, that when
you've got something that has mixed use like that to go a simple office
building with the same exact structure, you have to change from an RO-2.1/4 to
an RO-2.1/5?
207 October 27, 1988
tit
0 0
Mrs. Kennedy: The existing sector does not allow you to enclose the boundary.
Mayor SUare7: Just to change from residential to office, what is already
basically an office building?
Mr. Olmedillo: No, what happens is, that the applicant is planning to close
the terraces that you see open in your photograph, so that changes the FAR.
Mayor Suarez: Right to change to enclose terraces.
Mr. Olmedillo: So that changes the FAR.
Mr. Cardenas: No, but even if 1...
Mr. Olmedillo: That changes the FAR.
Mayor Suarez: Oh, wait, why does that change the FAR? Wait, wait, why does
that change the FAR, because now you have more enclosed area and that what
we...
Mrs. Kennedy: Of course it can include .....that's the whole thing.
Mr. Olmedillo: Right.
Mr. Cardenas: Those are two separate issues, because the latter issue is not
before you today. If I just want to change the existing two residential
apartment units to office use, I still need the sector change. If I don't
want to enclose the rest of the building, I still would need a sector change,
and that's one reason why we are here today. We are not rear, I am just
telling you up front so that this Commission will know that we are being
straight forward. Nothing that you will do here today permits us at this time
to enclose the remainder of that fourth floor, so what we are asking you is a
sector change which will permit us to change the existing apartment
residential use on the fourth floor into office.
Mrs. Kennedy: But what you will be doing...
Mayor Suarez: OK, why can't we just do that without having the sector change,
Guillermo?
Mrs. Kennedy: Because what he will be doing is utilizing what would otherwise
be wasted space, right?
Mr. McMaster: I'm going to compromise right now.
Mayor Suarez: Why can't we just approve what he just said that he wants to
do?
Mr. Olmedillo: I believe, I am going to differ from his opinion, Mr. Cardenas
opinion, because...
Mayor Suarez: See, because it will be irrelevant if you differ, because
somehow do what he wants to do without changing the sector. Can't you be more
accommodating?
Mr. Olmedillo: Right. If it were only a change from the office use to the
residential use and they need...
Mayor Suarez: Residential to offices.
Mr. Olmedillo: Excuse me, residential to office, it will only need to meet
the parking requirements, the open space requirements, and this is also for
the record - I believe that the only reason why they need an FAR change is,
and this is the reason for the zoning change, is because they are enclosing
the space, which increases the FAR that they have now, not the change of use
from the office use or from the residential use to the office use.
Mayor Suarez: So supposing they just wanted to change from residential to
office, would you have any objection to that, Jim? Wait, wait, let's ask Jim
that.
208 October 27, 1988
Mr. McMaster: No, the problem here is when the developer built the building,
the top floor does not have parking to be officr-. It doesn't have enough
spaces. I am readv right now, if Mr. Cardenas is willing to proffer the
covenants. I don't know if we can tern this into a parking... a reduction, a
parking variance, for a reduction of number spaces needed. but I have no
objection, if he right now wants to get a parking variance to reduce the
number of spaces needed in building, which means he can have the top floor as
office. That's all he needs to do, is a parking variance, it is that simple.
Mayor Suarez: That's all you really need.
Mr. Cardenas: Let me... the client wants to do two things. They want to use
the existing residential space for office and they want to enclose what is
wasted space there, which are the open terraces. If Mr., and what I want to
do is also... 1 will answer Mr. McMaster in one minute. I did want to tell
you this about the client and what they have in mind, because it applies to
what we are thinking. Mr. Carl Lanch was here, is the owner of System
Products International, Inc. Also with him are six neighbors in Coconut
Grove. Mr. Lanch owns a home at 3198 Abitare Way in Coconut Grove. He has
been a resident of the Grove and Dade County for 20 years. He raises his two
children here. His business...
Mr. Plummer: No commercials.
Mayor Suarez: There has got to be some relevancy of all this.
Mr. Cardenas: There is a relevancy. His business is Systems Products
International. Their offices are located at 700 West Hillsboro Boulevard in
Deerfield Beach. The company designs, writes, and sells computer software to
a specialized industry across the country. They employ 17 people.
Mayor Suarez: You are going more afield here!
Mr. Cardenas: Right, they employ 17 people. They want to move their offices
from Broward County to Coconut Grove. They want to employ 17 people who live
here. The nature of their business is a software company. It is only their
parking requirements...
Mr. De Yurre: The people who are working right now, they are all going to be
dismissed?
Mr. Cardenas: No, but most people, clerical and so forth are not going to
travel to Coconut Grove to live here.
Mr. De Yurre: You'd be surprised.
Mr. Cardenas: Well, he is here to tell you about it, but at any rate, Mr. De
Yurre, the point...
Mayor Suarez: I guarantee you, unless the Commission overrules me that we are
not going to let him talk about what employees lie plans to hire, if we do
this, which we may not do.
Mr. Cardenas: Right, the point is twofold, the point is twofold, if you will
permit me. One, that it is a good business to bring to the City of Miami, a
software business, good industry, which will employee people here. And the
second major point, which deals directly with the comments that we were making
is that a computer software company does not have that kind of clientele
traffic that a normal office business, such as an insurance company, etc., may
generate.
Mr. Plummer: What in the hell does that got to do with zoning?
Mr. Cardenas: Well, let me finish.
Mr. De Yurre: Al, why don't we get into the parking situation? I think that
is pretty crucial here.
Mr. Plummer: You are going around the long way.
Mayor Suarez: I want a transcript of this. I want to send it to your client
and to Bob Traurig and some of the other people that may be interested in
hearing how creative you have been throughout all of these proceedings.
209 October 27, 1988
10
Mr. De Yurre: Guillermo, as far as the parking is concerned, what differences
are there that they would have to meet?
Mr. Olmedillo: Let me check the table just a minute so I can be correct 100
percent.
Mr. Plummer: Well now, when you check that table, make sure you check it
because the ultimate goal that he is trying to reach is enclosing the
balconies also, OK? And I would assume that that would have a bearing on the
parking required.
Mr. Olmedillo: It affects also the open space requirement, because they were
counting that open area as part of the open space.
Mr. De Yurre: J.L., if I understand what is happening here, if they want to
enclose that area, then they would have to meet the parking requirements at
that time.
Mr. Cardenas: Right.
Mr. Olmedillo: And need an increase in FAR, because they will be over the FAR
allowed under the sector 4.
Mr. De Yurre: But that is a separate matter.
Mr. Cardenas: That is a separate matter, that's correct, Commissioner. OK,
but just for my edification, what are we looking at as far as parking?
Mr. Olmedillo: You are looking, the sector 4 and one space per 400 square
feet and the sector 5 has one space per 450 square feet, so it is a lesser
requirement, it is a less stringent requirement.
Mr. De Yurre: So that is not really an issue.
Mr. Olmedillo: Not before you tonight. When they increased the FAR, and they
increased the area of the building...
Mr. De Yurre: Which is not before us today, so we shouldn't be concerned
about that right now, OK?
Mr. Olmedillo: That is correct, sir.
Mr. De Yurre: That will go before the Zoning Board.
Mr. Cardenas: That's correct.
Mr. De Yurre: And you are asking for a variance right there.
Mr. Cardenas: That's correct.
Mr. De Yurre: So unless it gets appealed, we will never hear that.
Mr. Cardenas: That's correct.
Mayor Suarez: Jim, you wanted to address that? Very quickly.
Mr. McMaster: Yes, the original application did come with a variance request
for parking. Now they have dropped it. When this went before the Zoning
Board, I talked to two members after the Zoning Board voted and they hadn't
heard of any parking variance. All they voted on was the zoning change, RO-
2.1/5. I think the issue here is the parking variance and they are trying to
push it aside and come back to you later. I mean, you had an issue, Dyke's
Insurance on the other side of McDonald's with the exact same thing, exact
same sort of building with height variances and everything else and parking
reductions and they are just coming at it from a different angle. You turned
down the Dyke's issue after many, many meetings.
Mr. Cardenas: There are two things that I want to say to that and I believe
there are some neighbors who wanted to make a statement regarding the
application, who are here in favor of it. They have been here for about three
hours and I know if they are not heard they are going to be upset. What I'd
210 October 27, 1988
like to do if T can, is make two stAtPmPnts rPlativP to it. One of the
reasons why you don't have a parking variance request before Vol], Of course,
You may not get to it because the Zoning Board may approve it, but client is
in the process of negot iat ing the acquisit ion of two adjoining lots. 1f he
does that, instead of a parking variance, he would have to request an entrance
variance, and that would change that process and we are undecided as to that.
The truth of the matter is, as we stated ParliPr and as Commissioner De Yurre
well pointed out, with your sector 5 change that you would approve tonight,
the only things we can do and I will repeat to Vol] again, is change the
existing apartment use to office use. We wanted to enclose the rest of the
building and I was straight forward in tell you we were obviously wanting to
do that, then we would have to either request a parking variance in the
future, which may or not be granted, or we would have to request a variance to
permit entrance to the adjacent parking space that we would obtain into the
residential street.
Mr. Plummer: Well, what about the increase in FAR?
Mr. Cardenas: That would not be an applicable issue.
Mr. Plummer: But if we change it tonight from 1/4 to 1/5, it does change it
from .49 to .75.
Mr. Cardenas: Well, we would commit to you, to proffer appropriate covenants
so that you would have a building which would have the height and FAR
limitations, that are exactly a building we have here. All we want to do is
to make a useful use out of the existing structure.
Mayor Suarez: Except for the enclosed area, which does increase the FAR.
Mr. Cardenas: Correct. I would like to, if I can, ask Mr. Lee Warrenker to
join me for a second, if he would. Is he here, Carl? Lee? Well, while he...
Mayor Suarez: I don't know that that is going to help your cause, you know,
having one or two neighbors...
Mr. Cardenas: I know that the neighbors wanted to say something very quickly,
if they could. Mr. David Glass. Yes, Dave.
Mr. David Glass: I live two blocks away. Dave Glass, I live right on the
corner of Bird and McDonald, and I have chased at least two people a month
from crime areas in my immediate vicinity down that street, all the way to the
end, and they congregate on that property and the property next door...
Mayor Suarez: And you want the building to be occupied and you hope that by
doing that...
Mr. Glass: You got a white elephant there, nobody is going to buy that thing
the way it is. You've got to get people in there, the sooner, the better.
Mayor Suarez: Very good. But you see, the premise of that argument is that
you believe that in fact, the building will not be occupied unless this
rezoning is granted, and that's what...
Mr. Glass: Pardon me one second. At the zoning meeting I brought a lot of
photographs, ask them for them. I took them the Saturday before the meeting.
They are building houses back there that they live in, the stuff they steal
from the whole neighborhood is on that property. They take what they want
from it and leave it there. Go look at that lot.
Mayor Suarez: But the alternative is that the owner could either sell the
property for a little less than he is asking, or to simply use it and...
Mr. Glass: Nobody is going to buy it the way it is, because it is zoned
for... you've got to live upstairs. You've got to rent the top fluor, as a
house, or an apartment. Who is going to do that?
Mayor Suarez: Yes, you are assuming the argument that by changing to a
slightly higher FAR, you make the whole thing viable, which is...
Mr. Cardenas: Right, which is what the appraiser was here to tell you. The
item number two, Kathy Duboveck. Kathy.
211 October 27, 1988
Mr. Kathy Duboveck: I'm Kathy Duboveck, I live nt 2780 Tigertail Avenue. I
think the building exists, it's pretty basic that it...
Mayor Suarez: We all agree on that.
Ms. Duboveck:... is an office building and I know Mr. Lanch and his wife and I
think they are very respectable people and I think it is type of business that
would work very well in the building.
Mr. Cardenas: Thank you. Mr. Peter Night.
Mayor Suarez: Is he the appraiser?
Mr. Peter Night: Peter Night, 3020 Aviation Avenue. I am in the
neighborhood, and that building just sits there. It needs to get used and
however you do it, just get it. done, so it gets used and something happens
down there. Thank you.
Mr. Plummer: Do they have anybody that lives on the street?
Mr. De Yurre: But let me ask you, out of curiosity, how did these people get
involved in this thing? You know, I mean like...
Mr. Cardenas: OK, we had eleven people...
Mr. De Yurre: They live in the Grove, but...
Mr. Cardenas: ... at the Zoning Board hearing and the gentlemen who had
brought the photographs, unfortunately they are not here, will show you what
the site looks like. We had the gentlemen who owned the property immediately
across the street on Bridgeport from this lot, and unfortunately, he couldn't
stay this evening. We also had two other people who lived within the two
block area testify. These are other folks who know the land, know the
business, and know their reputation in the Grove and wanted to say these
people meant what they said. They are going to come here and bring a
successful business, so I was...
Mr. De Yurre: Mr. Mayor, I'm ready to make a motion on this. I move to
approve this item.
Mr. McMaster: Can the opponents speak?
Mayor Suarez: Are you kidding me? What have you been doing the last 15 or 20
minutes?
Mr. McMaster: We officially Mr. Cardenas. Mr. Cardenas, can you...
Mayor Suarez: Is there anything left to say about this that...?
Mr. McMaster: Yes, sir. Could you give them those pictures, Mr. Cardenas?
I'd like them to see what this building looks like.
Mr. Plummer: We do, we have them, Jim.
Mr. McMaster: I mean, you know, is this a joke? What is that? It is a brand
new office building. You know, it is brand new. I mean, we don't have an
empty lot or a wooden shack, and we are not improving the neighborhood. This
is a brand new office building.
Mayor Suarez: It's a large building, it is not a joke.
Mr. McMaster: Yes, all these people who got up here, including Mr. Glass, he
doesn't live in this area here, he lives around the corner on McDonald. If
he'd like to, he can show me on this map where he lives.
Mr. Glass: I live on McDonald and Bird.
Mr. McMaster: 3056, right?
Mr. Glass: 3056 McDonald.
212 October 27, 1988
Mr. MCMester: McDonald, off this map.
Mayor Suarez: Did you give your address for tle record, by the way, Jim?
Mr. McMaster: 2940 SW �Oth Court, Coconut Grove. I'd like to interject that
the picture, you know, just for legal reasons, the pictures he showed were of
the adjoining properties and of the back of Pantry Pride and Zayres, and I
think instead of a zoning change, we can get the manager of Pantry Pride to
clean up the alley behind his store and the lots next door have already been
cited by Krista Molden of Solid Waste and they'll be cleared shortly also.
None of this needs a zoning change. I will not repeat the legalese from
Tallahassee, but I would like to repeat and get a specific response from Mr.
Cardenas. Mr. Cardenas had..
Mayor Suarez: You can't do that. You can't do that. You are not questioning
him. He is not on the stand.
Mr. McMaster: Well, I would like to say it. again...
Mayor Suarez: You can direct whatever you want. to the Chair, Jim.
Mr. McMaster: If he doesn't care to answer, it is fine. Mr. Cardenas has
assured us that he has read all the applicable Florida statutes and
administration rules as well as City ordinances.
Mayor Suarez: And on your new particular legal point, our staff disagrees
with you, so...
Mr. McMaster: OK, I would also like to...
Mr. Cardenas: Mr. Mayor, I don't think there is a need for any more debates,
we've already had enough debates.
Mr. McMaster: Yes and no. OK, I will be quick.
Mr. Plummer: Well spoken by a Republican committeeman!
Mayor Suarez: Read my lips. No more debates.
Mr. McMaster: I'll be very quick here.
Mayor Suarez: Do you have anything else, Jim? We've heard every possible
aspect of this case. We've understood our Code and our Comprehensive Plan and
our procedure of changing...
Mr. McMaster: I was willing to defer this tonight. Mr. Cardenas says he
doesn't Know about the Comp Plan.
Mayor Suarez: You can't defer things! What do you mean you have to defer?
Mr. McMaster: OK.
Mayor Suarez: You are hurting your case!
Mr. McMaster: The Planning Department denial on his first application, quote:
"The proposed change would be in conflict with the adopted Miami Comprehensive
Neighborhood Plan and would require a plan amendment." I mean, he was told
this back in August by the Planning Department. He get's here today and
doesn't know about it? I just think there is no legal justification for this
zoning change. The application is not legal because of the fact they have not
gone to the PAB. As you already have heard, this has a companion request for
a variance in parking, which they are trying to shuffle aside, you know.
Mr. Plummer: Maybe, maybe.
Mayor Suarez: We don't... it is not before us.
Mr. McMaster: OK, one more thing. I personally don't see anything wrong with
this applicant coming in for a variance in parking for eight spaces or
whatever is needed to convert the top floor from residential to office. This
building was built with a height... the same attorney, Mr. Cardenas came here
back in 1982 and assured you all what a wonderful building this was going to
213 October 27, 1988
is s
be. It is all in the file, about they get a reduction in the size of the
loading bay, because his man, who he brought here and sat in front. of you, who
got up and spoke, said he was going to occupy the building, and he controlled
the trucks coming in and out and was going to occupy 50 percent of the space,
and they got a variance in the height on this building and they told you they
needed all of this to make a financially feasible building, and it was granted
by the Zoning Board, it was granted by the Commission, and now they are back
here again telling you the same story. Thank you.
Mayor Suarez: Thank you. OK, Commissioners.
Mr. Plummer: Question. How long has the building been vacant. No, no,
excuse me. My people.
Mr. Olmedillo: It is four years, sir.
Mr. Plummer: It has been vacant for four years? OK?
Mr. McMaster: No.
Mr. Plummer: You disagree?
Mr. Olmedillo: I stand corrected.
Mr. McMaster: There were people in the building four months ago. There were
people in the building, Family Medical Associates. They moved over to Mr.
Medina's building on Abaco.
Mr. Plummer: What is the applicant willing to proffer in a voluntary
covenant?
Mr. Cardenas: The applicant is willing to proffer the following: Number one,
that the building height will not be increased from the existing height; that
the gross square footage of the building will not exceed the square footage,
which would include the enclosure of the fourth floor, if that enclosure is
permitted.
Mr. Plummer: That has nothing to do with this application. That is a
different application.
Mr. Cardenas: Well, I am talking about the square footage, right.
Mr. Plummer: Excuse me, what?
Mr. McMaster: None of this is...
Mr. Olmedillo: That is precisely it. When they closed, they need the FAR
changed, otherwise...
Mr. Plummer: They'll have to come back.
Mr. Olmedillo: No, they are applying for a zoning change here.
Mayor Suarez: No, they get the fine now, the sector change.
Mr. Plummer: Are you telling me that if they get the change now, they can
enclose the balconies?
Mayor Suarez: Right.
Mr. McMaster: That's what I've been...
Mr. Olmedillo: Right.
Mr. Plummer: OK, how big are those balconies?
Mr. Castaneda: No, no, that is not accurate. We cannot get a permit to
enclose the balconies without meeting Code. We don't meet parking code if we
enclosed the balconies, and therefore you would not give us a building permit
to enclose those balconies until such time as we have resolved and met all of
your Code requirements or obtained variances for it.
214 October 27, 1988
0 1 a
Mayor Suarez: He would be allowed by the toning classification to enclose.
You wouldn't be... you'd have a problem with your parking, OK. You need a
parking variance.
Mr. Cardenas: That is correct.
Mr. Plummer: Well, but in other words, if we were to turn down a variance for
parking, then he could not enclose the balconies, is that correct?
Mr. Olmedillo: That is correct. He would have the FAR, but he doesn't have
the parking to go with it.
Mr. Plummer: Where is the ingress and egress? Is there any ingress or egress
to Dixie Highway on this building?
Mr. Olmedillo: No, it In on Bridgeport.
Mr. Plummer: See, that is very important to me.
Mayor Suarez: Anything else you want to proffer? You had asked him what he
wanted.
Mr. Cardenas: Teo, there is a third item, which item I would like to be able
to proffer at second reading, because I need to obtain the consent of the
client and that has to do with a contribution that we want to make to the
City's park program. I believe that the client is going to be favorably
disposed to make a $5,000 contribution to that program. I would like for you
to permit we to proffer on the record the first two provisions, but wait till
the second reading because the owner of the property is not here.
Mrs. Kennedy: Al, I had asked Mrs. Dougherty if it could be earmarked for the
new program for supervised sports in the City's parks.
Mr. Cardenas: Very good. I will take that back. I am almost sure he will.
I would request that you please consider voting favorably pending our
proffering it in writing by the second reading.
Mayor Suarez: We understand that that would be on second reading.
Mr. McMaster: Excuse me, could you clarify that by repeating it one more time
exactly what you're saying.
Mr. Cardenas: Three conditions...
Mr. McMaster: OK.
Mr. Cardenas: ... one, that the height will not be increased from that of the
existing structures height. Number two, that the gross square footage of the
building will not exceed that which would include the enclosure of the fourth
story and, three, that a $5,000 contribution to the special program ,just set
forth by Commissioner Kennedy, would be tendered.
Mayor Suarez: OK, do we have a motion?
Mr. Plummer: But, if he doesn't get the variance for the parking he can't do
that.
Mr. De Turre: The motion is, so we can clarify this, is to approve the RO-
2.1/5...
Mayor Suarez: That's right.
Mr. De Turre: ... situation.
Mr. Plummer: With...
Mr. De Turret Along with all these covenants and all that he's proffered on
the record.
Mayor Suarez: That's the motion?
215 October 27, 198$
His. Moor- On first reading, an ordinance amending the toning atlas of
ordinance...
Mr. De Turre: There's a second.
Mayor Suarez: Wait, wait, wait. Do we have a second?
Mr. Foeman: No, we do not.
Mr. Plummer: Tax, you do.
Mayor Suaraz: OK, read the ordinance. Call the roll.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mr. Plummer: For the record. There is no one except Mr. McMasters who does
not live in the immediate area otherwise here in objection, for the record.
Mr. McMaster: Could you please note that there's no one in the immediate
neighborhood here for it.
Mayor Suarez: Which...
Mr. Plummer: Tam, I said as is the other way.
Mr. McMaster: There will be notification, hopefully, by second reading
because there is no notification now and none of the....
Mayor Suarez: I thought we took care of that.
Mr. McMaster: And none of the signs face Bridgeport, they all face U.S. 1 and
they've all been ripped down repeatedly.
Mayor Suarez: Wait.
Mr. McMaster: No one knows about it.
Mayor Suarez: I thought we took care of notification.
Mrs. Gloria Fox: When it was at Zoning Board level, there was no notice
requirement of mail out within 375 feet, however it was reinstated for this
hearing and was provided for this hearing.
Mayor Suarez: OK, call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2900 BRIDGEPORT AVENUE, MIAMI, FLORIDA,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RO-2.1/4 TO
CR-2/7; BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 42 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner De Yurre and seconded by Commissioner
Plummer and passed on its first reading by title by the following vote:
AYESs Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
216
October 27, 1988
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.
64. DISCUSSION AND CONTINUANCE OF APPEAL ST ALBERT C. HERGERT CONCERNING
RXISTING SECOND -STORY ADDITION AT 465 N.H. 55 TERRACE.
Mayor Suarez: OK, we're going on to the next item which is thirty, whatever
It is.
Mr. Sergio Rodriguez: Seven.
Mr. Guillermo Olmedillo: PZ-37. This is for property located on 465 N.E.
55th Terrace and being a review being a repeal, we will allow the appellant to
make his case before we go on record.
Mayor Suarez: Is your attorney going to be back?
Mr. Albert Hergert: No, sir, my attorney was called out because his father
has terminal cancer and he's going through a treatment at this point in time
and he had to be there.
Mayor Suarez: Who is your attorney?
Mr. Hergert: Allen Gruber.
Mayor Suarez: Doesn't have a partner or anyone else that would have been able
to stay?
Mr. Hergert: He didn't know this was going to happen, sir. I feel like I'd
like to have him present because what your decision is tonight means whether I
lose my house or not.
Mayor Suarez: OK, I'm disposed, because of the fact that he was present and
he did have an emergency, to hear from the opposing side, put everything in
the record, and hold in abeyance our determination if we can do that legally.
Mr. Rodriguez: My understanding, also, was that the previous time this item
was before you, it was continued at the request of the applicant.
Mr. Doug Broker: That's right, we agreed to it the first time when we knew in
advance. Today we have some 35 people here.
Mr. Plummer: Look, you have every right, you know, but here again, I think
that we have to have a little compassion. The man was here and had to leave
for a good reason, so, you know, we're going to hear you all tonight and then
we'll have to make the decision at a subsequent meeting, that's all we can do.
Mayor Suarez: Let me add that, you know, it would not be typical - I mean it
would not be atypical if this Commission or any other Commission would take at
least three hours to get to an item. In the old days, sometimes to took three
or four Commission meetings to get to an item. In addition to which...
Mr. Plummer: No, that's not true, in the old days we went till three or four
o'clock in the morning but we heard them.
Mayor Suarez: Well, in the old days you went to three or four o'clock in the
morning sometimes, but even then, I know of people that have the items pending
for four or five Commission meetings plus, you know, he maybe should have
provided for another attorney to be present just in case. Anyhow, I think the
only thing we can do reasonably is to hear the opponents and put that in the
record. Believe me, we'll remember plus you can have a representative of the
association come back and remind us of anything we may have forgotten about at
the final determination of this item.
Mr. Broker: fine.
Mr. Hergert: Mayor...
217 October 27, 1988
Mayor Suarez: What, do we hear from staff first?
Mr. Hergert: Excuse me, Mayor.
Mr. Rodriguez: Guillermo.
Mr. Plummer: We'd like to hear from staff. That is if they have nothing else
better to do.
Mr. Hergert: Excuse me, can I make one comment first? Seeing as hop I am
the...
Mr. Rodrigues: The applicant.
Mr. Olmedillo: The applicant.
Mr. Hergerts ... applicant, I'd kind of like to have my attorney here to hear
•hat is said and to have a rebuttal.
Mr. Plummer: The record will be available, air.
Mr. Hergert: I mean, it's...
Mayor Suarez: Yes, we're going to make...
Mr. Hergert: ... it's my life savings we're talking about.
Mayor Suarez: ... the transcript will be available. Actually, you can even
hear the transcript, but we're not going to get into a debate. The
Commissioners are not going to comment. We're only going to hear their
presentation and ask them questions and that's it.
Mr. Hergert: OK, if we can leave it open so he can review f c later, at a
later point.
Mr. Plummer: Oh, he can always get the tapes to hear it audibly or he can get
the record which is a verbatim transcript.
Mayor Suarez: Sure, he can either get the written transcript or the tapes,
either one.
Mr. Hergert: Those things I'm not aware of, thank you.
Mayor Suarez% Right.
Mr. Olmedillo: We feel, the Planning Department feels that the hardship issue
has not been met and, as you know, the zoning ordinance is very specific as to
the six questions that have to be answered and it reads specifically, the
Zoning board cannot act on it or cannot approve an application for a variance
unless the six items are met, either the hardship question is met and you're
familiar with those, I'm not going to lengthen the meeting by those. The
Planning Department is recommending denial.
Mr. Plummer: All right, so I understand. I know, you recommended denial.
OK. This, obviously, is something as used to be said, we're not a Zoning
Board, we're a pardoning board. This is obviously something that's been built
recently and does not conform and has been found not to conform. Is that the
situation here?
Mr. Olmedillo: That is correct. Not recently, but it was built - what
happened is that the owner had a house which was built, a first floor was
built out to a point which not code, '68-'71, the old code. The old
ordinance.
Mr. Plummer: OK.
Mr. Olmedillos When he built an addition to the second floor, he didn't build
It according to the ordinance which prevails today.
yr. Plummer: And how long ago was that built?
218
October 27, 1998
a
Mr. Olmedillo: As I remember, Zile addition was some six or seven years old.
Now...
Mr. De Yurre: Did he hove a building permit for that?
Mr. Olmedillo: No, sir.
Mr. Plummer: But, wait a minute. Oxcuse me...
Mr. Olmedillo: Not on our records he didn't have the building permit for
that.
Mr. Plummer: OK, in other words. this tiling has existed for six or seven
years.
Mr. Olmedillo: That is correct, sit.
Mr. Plummer: And then somebody etviously complained.
Mr. Olmedillo: That is correct.
Mr. Plummer: And then they're saying non that he is two and a half feet short
of what he should be, is that correct?
Mr. Olmedillo: He should be - right and the second floor should be....
Mr. Plummer: Thank you. Just so I.11 understand when they start talking.
Mr. Olmedillo: And, for the record, the heritage Conservation Board issued a
certificate of appropriateness. The Planning Department recommended denial.
The Zoning Board recommended denial, of course, decided on a denial.
Mr. Plummer: Excuse me, I have me other question. Was he the owner of
record at the time that the second story eras built?
Mr. Olmedillo: Let me check on that. sir, one second.
Mr. De Yurre: Do we have any copies of the...
Mr. Olmedillo: Yes, yes he was.
Mr. Plummer: He was the owner of the record, OK.
Mrs. Kennedy: Let me just say, for the record...
Mr. De Yurre: Do you have a set of plans or something like that that we can
look at? See what it looks like.
Mrs. Kennedy: Let as just may for the record that I personally visited this
property. I walked all the way to the back and what I found was the
appearance of two garage doors, but if you looked into it, there was a piece
of glass that you could really see inside, you found a wall which means that
there was a room, it was not used as a garage. It was a room and then, of
course, the addition upstairs to the other part of the house that was
obviously built without any building permits.
Mr. Plummer: Well, as I understand this, this only applies to the second
floor, is that correct? It does act apply to the first floor. Let's hear
from the objectors.
Mayor Suarez: OK, from the objectors, please. The association first if
you're represented by an association. Why is Elvis pointing at everybody else
and everybody's pointing back at his? Go absad...
Mr. Broker: All right. Do you want to bear from the association, than we'll
put on our evidence? There are several things I want to may.
Mr. Plummer: First of all, say your Game and address.
Mr. Broker: I'm Doug Broker and I live at 539 N.B. 55th Terrace.
Mr. Plummer: Well, obviously, you're not close to here.
219 October 27, 1988
a
Mr. Broker: Excuse we7 This is - I'm a block away. It's across the street
and up the street. Let we get a couple of facts straight. First of all, this
was built in 1978, what we had was we had a house with a garage behind it.
And what this applicant did, he was living there at the time, was he, himself,
with some assistance from others, built a second story on top of the garage
potion of this dwelling. And then closed off the garage door so that he had
a second house. So he has two houses on one lot in a single family
neighborhood and that's why there are 35 of us here to object tonight and I'd
like to point out that this about the sixth time that they're brought this up.
They're brought it before the Heritage Conservation Board twice, they've
brought it before the Zoning Board, they've brought it before you, moved for a
continuance and we agreed to it because we knew in advance. We didn't agree
to it tonight because it came up unexpectedly. When the Heritage Conservation
Board considered this, they said that it's a zoning matter and the fact that
this house is in an historic district is important because the historic
district is an indication that this is a single family neighborhood, single
family residential neighborhood that's trying to preserve its identity and
what we have is an individual who is trying to get approval so that he can
sell his house and move out. We're the ones that are left behind and we're
the ones that want to keep it single family.
Mayor Suarez: How do you know that? That he wants to well and move out?
Mr. Broker: Because he said in the other proceedings that we're objecting to
this because he has a contract on it. He's suggested in other proceedings
that part of our motivation is racism. Saying that we don't like the person
he has a contract with. We haven't met the person he has a contract with.
Mayor Suarez: Do we have, on the record, any indication that there's a
contractual purchaser here?
Mr. Plummer: Why would we have it on record? It has no bearing on the zoning
application.
Mayor Suarez: Contractual purchaser, we never request that?
Mr. Olmedillo: I believe we don't have it on the record, sir.
Mr. Plummer: It has no bearing on it.
Mayor Suarez: Sure we do, we have them all the time. In the county you're
required to have them, I believe.
Mr. Broker: Mr. Mayor, since I've heard their presentation a few times
before, I probably know it as well as they do and these are the things that
they've testified to before that the applicant helped with the building, that
the applicant has a contract to sell it and that's what he says is his
hardship. He's trying to get his money out of the house. Well, there's no
evidence of any hardship, no income or expenses or otherwise. The question is
whether he's going to sell one house or two. Also, by failing to pay any
taxes, failing to pay any permit, basically what he's... and by collecting
rent, basically he's gotten all his money out of it over the years and I would
suggest to you that the hardship would be on the community, on a neighborhood
that's trying to survive single family and if we're not protected in instances
like this, this neighborhood is going to go multi use. Property values are
going to go down and that's going to hurt all of us in the City of Miami.
Property values go down because of multi use, what that means is lower
property taxes, higher population, ■o more expenditures for services. So the
City would get less revenue, higher expenses. This applicant is not the only
target. We have gone after - we have a file of zoning violations going back
to 1981, we've gone after as many people as we can about any kind of zoning
violation, two family, old cars, prostitutes on Biscayne Blvd. We're very
active, we're trying to preserve ourselves because we're a wide open
neighborhood.
Mayor Suarez: That's a definite zoning violation.
Mr. Plummer: What's a definite?
Mayor Suarez: The prostitutes on Biscayne Boulevard.
220 October 27, 1988
0
1-1
Mr. Plummer: Huh?
Mr. Broker: In looking through the file, there'e one where there was a
suggestion that it was a house that was used for that purpose and so toning
came in on multi family use.
Mayor Suarez: We've been quite aware of the efforts of the neighborhood to
preserve its identity and its character over the years and been pretty active
In that regard, I guess.
Mr. Broker: focusing on this issue, this applicant comes before you after the
fact for approval of illegal construction which he did without a. permit. So
you're able to base your decision, not on anybody's promises, but on history,
on ghat happened here. Here we have a second house built over a garage
without a permit, too close to the lot line. So you know that it's illegally
constructed, you know horning side that it's a quiet neighborhood and you know
that toning enforcement, after you approve this, if it were approved, it would
be difficult. So, we're asking you to take your stand now. Under any
circumstances, you'd be strict about granting permission after the fact. You
know the ordinance, he doesn't come within any of the categories, so when you
know it's been done in the past, it's better not to listen to any promises
which the applicant may have about what he's going to do in the future. So we
ask that you deny the application and have him tear it down.
Mayor Suarez: Thank you for your presentation.
Mr. Broker: Thank you.
Mayor Suarez: Anyone else? Don't get wound up now, I see heads being nodded
and, you know, after a while it gets repetitive, really, try to avoid the
repetition. We have a pretty good idea of what your position in on this.
Mr. Terry Nelson: Thank you. Good evening, my name is Terry Nelson, I'm at
560 N.E. 58th Street. I'm on the board of the Morningside Civic Association,
I'm the chairman of the toning board specifically. In that sense, kind of in
the firing line of this particular issue. Why it is so significant and
Important at this particular time is because this is the sixth pending multi
family use in our neighborhood. Somewhere we've got to draw the line. We're
asking you to draw the line here today because your decision will be heard by
at least five other multi family violators in our neighborhood tonight and if
you don't draw the line here, they're going to continue to use their homes for
multi family use. They're listening for your decision. Thank you.
Mayor Suarez: Anyone else? I think Commissioner De Yurre wants to clarify a
point.
Mr. De Yurre: It's your concern - where's the gentleman that was just
talking? Is the concern here the fact that you don't want to allow a duplex
type of situation there?
Mr. Nelson: Precisely.
Mr. De Yurre: OK, so you got no problem with the structure itself, it's just
the use. Right?
Mr. Nelson: I think there's a problem with the structure because the
structure is designed for only one use, for a second apartment.
Mr. De Yurre: No, I'm talking about the shell itself.
Mr. Nelson: Going through the Heritage Council it's already been decided that
It doesn't affect the historical view of the neighborhood because it's behind
the home.
Mr. De Yurre: OK, so your concern is if you can be assured in some fashion
that it will only be used as a single family residence, then that takes care
of your problem.
Mr. Nelson: That's such a big if that I don't think I can answer that
question.
Mr. De Yurre: Well, I'm asking you if that is your concern.
221 October 27, 1988
Mr. Nelson: That and the site of the property. The site of the building on
the lot doesn't comply with...
Mr. De Turre: I thought you just told at that was no problem with the shell,
that...
Mr. Nelson: Well, there is too much square footage on the building for the
size of the lot and that's a problem me well.
Mr. De Turre: OK, let me ask so I can get some idea, the neighbors that live
directly on the back, are they here? That objected?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Turre: OK, well are they here, because, you know, that red thing, I
figured they would be here tonight. They're not here tonight?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Turre: Directly behind.
INAUDIBLE COMMENTS NOT ENT HRED INTO THE PUBLIC RECORD.
Mr. De Turre: Oh, so there's nobody back there that would be affected by the
second story being there. Right? OK, now, sir, where do you live?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Turre: But you haven't objected. I don't see you in the red there.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no,, no, no.
Mr. De Turre: No, no, no, no, no, the red means those individuals are
objecting to what is being proposed here. That's what it means.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Sir, you're wrong.
Mr. Rodriguez: The red...
Mr. Plummer: Red means they have returned mail, objected to this application.
Now, maybe those are all the ones who've got the other double uses and that's
why they're objecting to this. But our zoning map, sir, red means they
objected by mail, by return mail. OK? Yellow means that is the area that is
the application.
Mr. Broker: If I might, I could point out some of the locations of people
here.
Mr. Plummer: A lot of you people did not return your postcards.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mayor Suarez: We're going to need you on the mike, we're going to need you on
the mike. Go ahead, go ahead, come around if you'd like so you can answer the
Commissioner's questions.
Mr. Broker: That's Nadine Epic from lot number nine on the map.
Mr. Plummer: OK, then ask the department why there's not more red on the map.
Mr. Broker: This is Mike Willis - !like Willis is in number fifteen.
Mr. Rodriguez: Get the file.
Mr. Broker: I'm number twenty-three.
UNIDENTIFIED SPEAKER: Number seven.
222 October 27, 1988
i f
Mr. Broker: Number 17, I'm number 23.
Mr. Plummer: It's all in the cards.
Mrs. Kennedy: We'll have to check it out and see why not, why it wasn't
listed.
Mr. Plummer: Can I ask a quick question of the department? Has there been
any determination made by either Building and Zoning, Code Enforcement or the
Planning Department that, in fact, there are two families living there?
Mr. Rodrigues: We gave Mr. Genuardi and....
Mr. Joseph Genuardi: At the time, the - Joseph Genuardi, toning
administrator. At the time the complaint came, it was being used for two
families. We cited them on that.
Mr. Plummer: Is there one electric meter or two?
Mr. Genuardi: That I don't recall.
Mr. De Yurre: Not you got two - are we talking about two separate entrances
Into the property?
Mr. Genuardi: Yes.
Mrs. Kennedy: Yes.
Mr. De Yurre: Two separate entrances.
Mr. Genuardi: Correct, yes.
Mr. De Yurre: Or one entrance and then there are two doors leading one to one
apartment and one to the other.
Mr. Genuardi: Yes, and it's one entrance in the...
Mr. De Yurre: One entrance and if not, I'm sure this would have come before
us way before, there were two doors leading into that property.
Mr. Genuardi: You're right.
Mr. De Yurre: So we have one entrance and then once you walk into the
property, you have two separate doors, one leading upstairs and the other one
down stairs.
Mr. Genuardi: Yea. Nov the...
Mr. Plummer: When was your inspection of the property that you made the
determination that there were, in fact, two families living there?
Mr. Genuardi: I'd have to check the records....
Mr. Plummer: Excuse me?
Mr. Genuardi: I'd have to check my records, I don't have that.
Mr. Plummer: Was it prior to the zoning meeting?
Mr. Genusrdi: Yes, it was.
Mr. Plummer: Have you made a subsequent visit to that property?
Mr. Genuardi: Since the zoning meeting, no.
Mr. Plummer: Subject to this meeting?
Mr. Genuardi: No.
Mr. Plummer: So we don't know at this point whether he's coming in with clean
hands or not.
223 October 27, 1966
Mr. Genuardi: That's right.
Mr. Plummer: put you will make such a determination before this Commission is
asked to vote.
Mr. Genuardi: We will, before we - if this is approved, before we accept it,
he Mould have to bring in plans and he'd have to....
Mr. Plummer: No, you didn't hear what I said, Joe.
Mr. Genuardi: Tex, excuse me, OY..
Mr. Plummer: Prior to our making a determination which, hopefully, will be at
the next meeting, you will make a determination if two families still exist in
a single family residential area.
Mr. Genuardi: Teo, we will.
Mr. Plummer: So we'll know whether the applicant comes with clean hands or
not.
Mr. Genuardi: We will.
Mr. Plummer: Thank you.
Mayor Suarez: OK, anything further? Cathy.
Ms. Cathy Galgano: Hi, Cathy Galgano, 580 N.E. 52nd Terrace, president of the
Morningside Civic Association and if I can pass out - I'm not going to read
them though - copies of the.......
Mr. Plummer: I've been dealing with it for nineteen years.
Ms. Galgano: And all I really want to do is just read briefly certain things.
Mayor Suarez: We've been given a copy of our own code.
Ms. Galgano: Because sometimes we forget things.
Mayor Suarez: We take notice of our code as we decide everything here.
Ms. Galgano: I'm glad to hear that. I'll sleep better tonight.
Mayor Suarez: We don't always remember it. We don't always apply it, some
people would argue, I suppose, Cathy, go ahead.
Ms. Galgano: Just for the record. A variance is a relaxation of the terms of
the ordinance where such action will not be contrary to the public interest,
which i■ the point we'd like to deal with, and that it is not the results of
actions of the applicant. Going down to the second highlighted area,
according to this, under no circumstances shall the Zoning Board grant a
variance for a use not permitted and that is the second issue as far as the
single versus a rental property. Was that a bell? It is our understanding
that toning code of Miami requires that the City deny a variance unless, and
this is one of six reasons, the special conditions and circumstances do not
result from the actions of the petitioner because this petitioner created the
condition, he is not entitled to a variance. The questions that were asked
before and need to be reiterated, was the property ever inspected for
electrical, for plumbing, is it structurally sound, has an architect signed
off on it, does it conform to regulations and what is the purpose of use.
Mr. Plummer: Other than that, it's all right.
Ms. Galgano: Exactly. And I don't want to give you another rah, rah speech
on Morningside because I know you are familiar with the area. We are asking,
once again, for your support and we're asking you to enforce the law. Thank
you.
Ms. Melanie Ink Broker: Well, I'm giving the rah, rah speech. My name is
Melanie Ink Broker and I live at 598 N.E. 55th Terrace and everyone I know
that is...
224
October 27, 1988
Mayor Suarez: What's your last name?
Me. Broker: Broker. Everyone I know that has moved into Morningside has done
so because they believe in the community and we've all worked hard, not only
beautifying streets, restoring homes, but working with the City in issues such
as traffic, zoning and crime and we feel now that we're a community that you
can be proud of. Several years ago people felt that it was an undesirable
area to live and we've turned that around, but it's been hard work. We're the
people that are staying in Miami, revitalizing these areas, increasing our
property values and making us a community you should be proud of and
supporting us. And that's what we're asking you here tonight. This is an
illegal second family dwelling built in a single family residential
neighborhood. He Dot only built it without a single permit, the setbacks
don't correspond to your 1988 setback requirements. So we're asking you here
tonight to deny this variance and demand that this is torn down. If you go
ahead and give him this variance, you just open up the door to everybody in
Morningside who feels they can build anything they want to in Morningside and
decreasing...
INAUDIBLE COMMENTS NOT ENT RED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, please, please, please. You can go ahead and come up
to the mike if you'd like. We call you reverse pioneers, at least that's what
I call you in Morningside.
Ms. Broker: Anyhow, just to continue briefly. We don't want people to feel
they're at liberty to build anything they went to without any permit and that
you all will go along with it. So again, we ask that you deny this variance
and help us to maintain a community that we're turning around which, in turn,
only helps the City of Miami. Thank you.
Mayor Suarez: Thank you for your statement.
Mr. Plummer: Wait, let me put on the record just so we understand where we're
coming from, so that I don't have to re -read the code. There's basically one
Issue here tonight and not two. Regardless of what this Commission does in
regards to the application of the variance, a second family is not permitted
and under no circumstances. So, I want to make it clear that you should be
speaking to the application. The application is that he is within seven and a
half feet and he should be ten. Regardless of what happens, the second family
has got to go if it does exist. Even if, for some reason, this thing were to
be granted, it cannot and will not allow a second family. So I want that on
the record.
Mrs. Kennedy: He's going to tell us before... by next meeting you will check
It out and give us your professional opinion.
Mr. Genuardi: Yes, we'll check it out and Commissioner Plummer is correct, we
won't allow a second family there.
Mr. Plummer: Under no circumstances.
Mayor Suarez: Very good.
Mr. Plummer: Excuse me...
Mayor Suarez: You're going to follow our code.
Mr. Plummer: ... unless we had an application before us for a change of
zoning which we do not have.
Mr. Genuardi: That's right.
Mr. De Yurre: Which we could not approve.
Mr. Neil Robertson: Neil Robertson, past president of the Morningside Civic
Association, 567 N.E. 57th Street. Commissioner Plummer, I understand the
fact that what you're telling us, but that's Just not the reality of how was
have to fight these things in Morningside. The problem in, if you allow this
structure to remain, it is impossible to prove the presence of two people or
to get the City, with its limited resources, to come out and truly enforce
225 October 27, 1988
toning in Morningside and we're fighting this battle all the time. We have an
opportunity here because of a unique situation to prevent this from happening,
present it from possibly happening.
Mayor Suarez: Ve're ewer* of the enforcement problems. If you would just tie
the argument to the particular variance being requested is all he's saying.
Mr. Plummer: Was this taken before code enforcement? Mr. Genuardi, was this
application by violation of two families taken before code enforcement?
Mr. Genuardi: It was never taken to Code Inforcement Board because they
agreed to try to comply and come in with plans.
Mr. Plummer: Who agreed?
Mr. Genuardi: The owner.
Mr. Plummer: But yet, you...
Mr. Genuardi: Come in with plans and try to bring it into compliance.
Mr. Plummer: Oh, I see, in other words, you only made one visit.
Mr. Genuardi: Tax.
Mr. Plummer: All right, one other question while you're before the
microphone, if I may, and this is not cutting into your time. Am I
understanding correctly that there was never a building permit issued for the
second floor?
Mr. Genuardi: That's correct, yes.
Mr. Plummer: So, in other words, there was never any inspections or any of
that?
Mr. Genuardi: No.
Mr. Robertson: The Heritage Board's problem was they didn't feel they had the
power to address the issue of whether or not what was going on behind those
walls was appropriate. They only look at the facade of our buildings and, Kr.
Mayor, you and I have spoken in the past about changing the zoning in
Morningside to make it tougher, to make it easier for the City to enforce
zoning and keep us as a single residence. I think that if you polled the
people in Morningside, the overwhelming majority would not object to zoning
more in lines with the restrictions that we have in the City of Coral Gables
or locations like that so as it's truly tough for people to get changes and
truly difficult for people to sneak in mothers in law and other people of that
ilk. Let me just say this in conclusion and to answer Commissioner De Yurre's
question...
Mayor Suarez: Don't say anything about my mother-in-law. You can talk about
your mother-in-law if you want.
Mr. Robertson: OK. My wife's right here and I'd rather have her mother than
my mother live back behind us. But, Commissioner De Yurre, I don't think you
understood, there's two buildings there. It's not a one entrance splitting
but there's a building in the back and a house in the front and the second one
has, in the past, been used for a second family. If you allow...
Mr. De Turre: Two detached structures?
Mr. Robertson: Correct.
Mr.'De Turre: With two separate entrances.
Mr. Robertson: Correct. So I thought maybe, the nature of your question, you
thought there was one building with one entrance.
Mr. De Turre: That's what I thought.
Mr. Robertson: OK, there's two buildings. And that is why it's so difficult
for the City to enforce what's going on back there because it's made to look
226 October 27, 1988
like a garage and yet there's a •all behind those doors and it's really an
apartment. Now they have removed some of the kitchen of things, but nothing
that can't be popped right back in as soon as you vote one way or the other.
Thank you.
Mayor Suarez: OK, thanks to all of you for your presentation. We assume -
very quickly, please. It's getting very repetitive, I assure you.
Mr. Ralph Hoffman: Well - my name is Ralph Hoffman, I live at 469 N.E. 55th
Street. In the meantime that all of these violations are going on, I would
like to remind you that you're losing an opportunity for making money. You
raised my taxes, I think the county did for the size of my swimming pool which
was built in 1953. Tot, you have existing buildings which are making - which
have not been reassessed, the value of the property has not been brought up to
data, these people are making a lot of money and you're not taking advantage
of it. In the meantime, I think it's quite silly. Thank you very much, good
night.
Mayor Suarez: Thank you.
Mr. Plummer: I just have one question of the Legal Department. I'm sorry, I
thought you... I'm at a loss to understand that Mr. Genuardi or the
department, not him personally, went and found a violation, why this matter
was not immediately taken before the Code Enforcement Board? We've got a
breakdown something terrible in that Code Enforcement Board. I think they do
a good job and they've proven to do a good job but I have, in our neighborhood
a situation which a house caught on fire. That man was told that he had X
number of days to fix it or move out - I think it was 14 days - and that is
almost two and a half months ago. Now, something is wrong when this City
cannot enforce its rules and regulations. Can I be told why, Mr. Genuardi,
and please, this is not personal to your, sir, why this matter was not
immediately taken before the Code Enforcement Board who would, in fact, follow
up, I assume is the normal procedure, that a $500 a day fine every day it
existed was not levied.
Mr. Genuardi: We tried to get the people to comply without taking it to the
board.
Mr. Plummer: I'm speaking to the second family, sir. I'm not because, I
understand on the setback requirements as long as litigation is present, we
don't enforce it. I understand that and I can appreciate that. But if, in
fact, a family - is there any requirement when a violation like that is found
that the owner has to demonstrate that he has corrected it or it is
automatically taken before the code enforcement?
Mr. Genuardi: Two, if there are two units, we have him interconnect the units
so that it becomes one unit and if there's a second kitchen, we have them
remove the second kitchen.
Mr. Plummer: But is there any follow up on that, sir, if, in fact, is a 7 day
or 14 days that in which you have to correct the situation? Does...
Mayor Suarez: What he's saying is like if could we have the burden of proof
shifted to the person who is clearly a violator to prove to us that he has
corrected that, otherwise it would go automatically to code enforcement. Very
logical proposal.
Mr. Plummer: Teo, I've always said when I talk to people here they may or may
not listen, but when I talk to their wallet, they damn well listen...
Mr. Genuardi: What happened...
Mr. Plummer: And you put a $500 a day fine on somebody, which I think is the
limit that they can do - and, please, I'm not speaking directly to this
particular case - I'm asking procedurally, why we're not following up because
I want to tell you that I saw, in my neighborhood, we now have the two
adjacent hoaxes which are beautiful, have gone up for sale because they can't
put up with it any more.
Mr. Genuardi: They've tried to comply, they prepared plans and they brought
them in but when they brought the plans in, there were two problems. One was,
It was an HC, district and had to go to Heritage Conservation Board and the
other one was the setback in the rear.
227 October 27, 1988
Mr. Plummer: I don't see that having any bearing...
Mr. Genuardi: Yes.
Mr. Plummer: ... on the finding that there was a second family there.
Mr. Genuardi: Well, in the plans they show that the two will be
Interconnected with a spiral staircase and they would eliminate the second
unit. So this would be in compliance.
Mr. Plummer: But was there a follow up on your department or anyone, a follow
up that, in fact, this was done or the second family was moved down?
Mayor Suarez: Did we know for sure that there was a second family living
there, did they acknowledge that?
Mr. Plummer: He did.
Mr. Genuardi: Yes.
Mayor Suarez: Right.
Mr. Genuardi: But no, I don't know definitely that the second family is out.
Mayor Suarez: OK, to be sure that that was corrected, what the Commissioner
is saying is that that should not be left up to the violator to correct just
on his promise. It should be a procedure that would, if we can't...
Mr. Plummer: Well, it should be monitored.
Mayor Suarez: Right. If we can't...
Mrs. Kennedy: And Mr. Genuardi, let me also tell you that the grass was three
feet high. There was a sign already posted saying that the owner had ten days
to remedy the situation. When I was there, two weeks had elapsed and still
the grass was as high. I had to call the City and send somebody there.
Mayor Suarez: OK, we got to come up with a procedure...
Mr. Genuardi: Yes.
Mayor Suarez: ... closer monitoring is what the Commissioners are saying.
Mr. Plummer: On code enforcement and more so on a follow up.
Mr. Genuardi: We cite them and if they're in good will try to cooperate and
do what they're supposed to, we work with them and try to give them time and
we take them to the Code Enforcement Board.
Mr. De Yurre: And we'll get Rosario with the bulldozer over there.
Mr. Plummer Yes.
Mrs. Kennedy: Yes, give me time and let me - just give the word and I'm
ready.
Mr. Plummer: Throw in a piece of crack, she'll knock it down.
Mr. Nick Epic: My name is Nick Epic, I live at 464 N.E. 55th Terrace. I have
a petition here that we circulated that we'd like to present to you. A
petition to the Miami City Commission, we, the undersigned are opposed to any
variance allowing an after the fact permit for the illegal second family
dwelling located at 465 N.E. 55 Terrace, Miami, Florida. We have 140
signatures here and a couple of letters...
Mayor Suarez: That's ordered into the record. If you'll give it to the City
Clerk over here, I'd appreciate it. Ma'am, anything? Last comment.
Ms. Nadine Epic: Just a few words, Nadine Epic, 464 N.E. 55th Terrace. I
have lived across the street from this property for a great many years. I saw
the original house built with a lovely two story garage. When the present
226 October 27, 1988
;r Y
owner bought it, he ia"ediately built - I didn't know what was going on in the
back but I presumed it was a place for him to live. He did not live there, he
rented the house and the back many, soapy years, I want that to go on the
record. It was definitely occupied by two separate families for quite a few
years.
Mayor Suarez: OK.
Ms. Epic: And the reason that he did not apply for a building permit at the
time he built it, he would have never been able to acquire a building permit
because ghat he was doing was illegal. You cannot have two kitchens in
Morningside and that's exactly what he did. So, it was illegal then, it
should be illegal today. Thank you.
Mr. Plummer: Sure you can have two kitchens.
Mayor Suarez: I was going to ask you about the number of kitchens. Yes, sir,
I can't imagine that there's anything more that can be added on this, but go
ahead.
Mr. Plummer: You can have two kitchens. Why can't you? Why can't I have two
kitchens in my house if I want? What?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Are you telling me in my home that I am the only one living
there, if I want two kitchens, I can't have two kitchens? Huh? Well, I only
got one. No, we got three more.
Mr. Epic: No. I just wanted to say one thing. About four or five years ago
he showed me where he had made this addition and I called it to his attention
that this zoned for one family only and at that time, he says, my attorney
told me that I could rent this to seven families if I want to. And one more
thing about this two buildings. They are two separate buildings, the garage
In not about ten feet in the back and there are two doors, two entrances,
separate units. Thank you.
Mayor Suarez: We got that, we got that. We finally figured that out. Thank
you, all of you. We're going to...
Ms. Galgano: And will the record show the number of people here against it.
Mayor Suarez: Yes, and if you want to stand up, let the record reflect that
we have maybe 25-30 people that are present, presumably all from the
neighborhood in opposition. I'm going to entertain a motion to continue this
item and preserve the entire record of your testimony and arguments.
Mrs. Kennedy: Move it.
Mr. De Yurre: Mr. Mayor....
Mrs. Kennedy: Moved.
Mayor Suarez: Yes.
Mr. De Yurre: Before we get into that, I think we have to clarify - I'm
looking at a survey of the property and I think that for the record, you know,
we have to reflect the fact that it's only a one structure property that we
have here. It's not a detached situation.
Mayor Suarez: That they're somehow attached at some point.
Mr. De Yurre: It's a one structure that has a separate entrance in the
back...
Mrs. Kennedy: That has had a filled.
Mr. De Yurre: ... and another one in the front.
Mayor Suarez: They're somehow attached at some point, somewhere? OK.
Mr. De Yurre: No, they're totally attached. Let as show you this.
229 October 27, 1988
Mayor Suarez: OK, well, I peon, there must be some confusion an that and what
I suggest is the next time when we finally decide this matter, is you take
some - bring us some pictures of it please. So we don't argue about whether
they're totally detached or not. 09, we have a motion to defer and preserve
the record.
Mrs. Kennedy: I ■roved it.
Mr. Plummer: So move, Mr. Mayor, but I would hope that code enforcement will
be out there tomorrow to make that determination because it has nothing to do
with this application that if they, in fact, find two families in that house
tomorrow morning, they will take the immediate action before the code
enforcement board.
Mayor Suarez: Absolutely. You can even build that into the motion if you
want. It does not really need it.
Mr. Rodriguez: building and Zoning Department.
Mrs. Kennedy: Yea. I will accept that.
Mr. Rodriguez: You may want to ask the owner consent....
Mr. Plummer: Well, we have to ask the owner's consent, will you consent?
Mr. Hergert: by all means.
Mr. Plummer: For the record, you have said yes.
Mr. Hergert: I haven't lived in the house and no one else has for over two
and a half years.
Mr. Plummer: OK, so there you have the consent.
Mayor Suarez: We'll do the inspecting. Call the roll on the motion.
Mr. Plummer: Wait a minute, whoa, whoa. It's late at night but something is
radically wrong. This gentleman who is the owner says he nor no one has lived
in the house for two years?
Mr. Hergert: Two and a half.
Mrs. Kennedy: Two and a half.
Mr. Plummer: Two and a half years. Genuardi, you telling me you found in
September - something's wrong, air, and that's what I'm asking for
clarification.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Genuardi: We found evidence of two unite. There was a separate kitchen
end a rep...
Mr. Plummer: That was not my question to you, sir.
Mayor Suarez: He asked about two families.
Mr. Genuardi: No, we didn't actually see two families living there but we saw
two units.
Mr. Plummer: Well, I asked a question before and I thought my answer was,
yes, you found evidence.
Mr. Rodriguez: Evidence...
Mr. Genuardi: No, we found two units. Evidence of two units.
Mrs. Kennedy: Well, tomorrow we will check it out, please.
Mr. Plummer: I'll accept that that I misunderstood.
230 October 27, 1988
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
Its adoption:
MOTION NO. 88-995
A MOTION CONTINUING THE APPEAL BY ALBERT C. HERBERT
CONCERNING AN EXISTING SECOND -STORY ADDITION AT 465
N.H. 55 TERRACE; FURTHER INSTRUCTING THE APPROPRIATE
CODE ENFORCEMENT OFFICER TO INVESTIGATE SAID PREMISES
FOR SINGLE FAMILY COMPLIANCE; AND FURTHER INSTRUCTING
THAT ALL TESTIMONY AND EXHIBITS SUBMITTED ON THIS DATE
BE PRESERVED FOR THE RECORD.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Yes, if there's two families living there, it's easy to
determine.
NOTE FOR THE RECORD: Item PZ-40 (heliports) was withdrawn by the
administration.
65. SECOND READING ORDINANCE: Permanent active recreation facilities as
accessory uses in residential districts amendments.
Mayor Suarez: Thirty-eight and thirty-nine is...
•Mr. Joe McManus: Thirty-eight and thirty-nine are in the second reading.
Thirty-eight has to do with...
Mr. De Yurre: Move 38.
Mrs. Kennedy: Second.
Mr. McManus: ... how we regulate such things in recreation areas as swimming
pools and tennis courts. It provides a definition of lot area and it corrects
a typographical error.
Mayor Suarez: OK, does anybody have any problems with PZ-38?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I wasn't born in this country, I was born in Key West.
Mayor Suarez: PZ-38 is not controversial, I'll entertain a motion on it. Can
we take...
Mrs. Kennedy: Move it.
Mr. De Yurre: Moved, second.
231 October 27, 1988
0
Mayor Suarez: Moved and seconded. Call the roll. Read the ordinance. Call
the roll.
Mr. Plummer: No, I didn't understand it, Mr. Mayor.
Mrs. Kennedy: No, repeat it.
Mr. Plummer: Read it again, huh?
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING
ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS,
SECTION 2003 ACCESSORY USES AND STRUCTURES, SUBSECTION
2003.6 PERMANENT ACTIVE RECREATION FACILITIES AS
ACCESSORY USES IN RESIDENTIAL DISTRICTS; SPECIAL
PERMITS, BY RESTATING THE SUBSECTION TO REQUIRE A
CLASS C SPECIAL PERMIT FOR RS-1, RS-2 AND RG-1
DISTRICTS AND SPECIAL EXCEPTION APPROVAL FOR THE RG-2
AND OTHER DISTRICTS, IF ACTIVE RECREATION FACILITIES
ARE LOCATED ADJACENT TO STREETS AND/OR WHERE THEY
EXCEED 20 PERCENT OF NET, NOT GROSS, LOT AREA; BY
AMENDING SECTION 2005 GENERAL TERMS DEFINED; RELATED
LIMITATIONS, SUBSECTION 2005.1 LOT, DEFINED,
PROHIBITION AGAINST DIVISIONS CREATING SUBSTANDARD
LOTS, BY DELETING THE EXISTING DEFINITION AND
INSERTING IN LIEU THERE OF A LOT DEFINITION IDENTICAL
WITH CHAPTER 54.5-1 SUBDIVISION REGULATIONS OF THE
CITY CODE, AND REFERENCING THAT CHAPTER; BY AMENDING
THE SCHEDULE OF DISTRICT REGULATIONS PAGE 1 OR 6, USES
AND STRUCTURES, ACCESSORY USES AND STRUCTURES, RS-1;
RS-2 ONE FAMILY DETACHED RESIDENTIAL, UNDER
PERMISSIBLE ONLY BY SPECIAL PERMIT, PARAGRAPH 2, BY
DELETING (A) WHICH HAD REQUIRED A CLASS C SPECIAL
PERMIT FOR ACTIVE RECREATION FACILITIES EVEN IF NOT
LOCATED ADJACENT TO STREETS OR EVEN IF LESS THAN 20
PERCENT OF GROSS LOT AREA, BY RENUMBERING PARENTHESIS,
AND BY SUBSTITUTING A CLASS C SPECIAL PERMIT RATHER
THAN A SPECIAL EXCEPTION FOR ACTIVE RECREATION
FACILITIES ADJACENT TO STREETS AND GREATER THAN 20
PERCENT OF NET, NOT GROSS LOT AREA; AND BY AMENDING
THE SCHEDULE OF DISTRICT REGULATIONS PAGE 3 OF 6, USES
AND STRUCTURES, ACCESSORY USES AND STRUCTURES, FOR
BOTH RO-3, RO-4 RESIDENTIAL -OFFICE AND 0-I OFFICE -
INSTITUTIONAL UNDER USES PERMITTED GENERALLY OR
PERMISSIBLE BY SPECIAL PERMIT, PARAGRAPH 1, TO CHANGE
AN ERRONEOUS REFERENCE FROM •SECTION 20203.7- TO
-SECTION 2003.7.0; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 24, 1988„ was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner De Yurre, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10504.
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.
232 October 27, 1988
0
66. RIVERFEST: $4,500 to Miami River Coordinating Committee for event
Mrs. Kennedy: Mr. Mayor, the Miami - very quickly, so they can leave, the
Miami River Coordinating Committee recently held the Riverfest two weeks ago.
The county committed $30,000, the City committed to $4,500, but through an
oversight, they were not on the agenda, the festival passed and I move that...
Mayor Suarez: I thought the whole point of $4,500 is so that it wouldn't have
to come to the Commission and...
Mr. Plummers That's what I thought.
Mrs. Kennedy: Well, it was a festival the !tanager said that we had to approve
It.
Mr. Plummer: Second the motion.
Mayor Suarez: Call the roll.
Mr. Plummer: Take up all that time for that? Raise the bridge.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 68-996
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $4,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF THE 1988 MIAMI RIVERFEST HELD IN THE CITY OF
MIAMI DURING THE MONTH OF OCTOBER; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM-1-84, DATED JANUARY 24,
1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
67. SECOND READING ORDINANCE: Amend principal uses and structures in RG-1
general residential, limiting the number of dwelling units to two (per
duplex)
Mr. De Yurre: Move 39.
Mayor Suarez: PZ-39 has been moved, do we have a second?
Mr. Guillermo Olmedillo: PZ-39...
Mrs. Kennedy: Second.
233 October 27, 1988
F
Mr. Plummer: All right, hold on, 39 I got a question. Is any way, shape or
form this 39 giving back the approval to cluster housing?
Mr. Olmedillo: No, this will affect only the lots that are in RG-1/3, the
duplex toned lots so that they can have additional units once they go beyond
the 5,000 square feet. And this will be through a special exception.
Mr. Plummer: But nothing to do With cluster housing?
Mr. Olmedillo: No, sir.
Mr. Sergio Rodriguez: No, the only thing again is that Mould allow in a
duplex lot more than two units.
Mr. Plummer: Then that's ....
Mr. Rodriguez: That was your condition.
Mr. Plummer: Whoa, whoa, you're saying that in a duplex lot...
Mr. Olmedillo: Which is larger than 5,000 square feet.
Mr. Plummer: I don't give a damn how much larger it is. A duplex lot is a
duplex lot if they've got a lot that's sufficient in size and they can replat
it into two lots, God bless them. I am totally opposed in an R-2 district to
allowing more than two residences.
Mr. Olmedillo: Let me go back a little bit in history. That was the
amendment that we brought before you and by instructions of this Commission,
we went back and we reinstated the amendment and we said....
Mr. Plummer: I don't like either one. I just think that if a man buys an R-2
lot, he should be limited to two families on that property unless he replats.
Mr. Olmedillo: Like I said, that was the amendment that we brought before you
about a year ago and - not you specifically - the Commission instructed us to
go back and redo it and allow it special exception.
Mr. Plummer: Hey, you know, if he's got a lot that big, let him do a planned
unit development. As far as I'm concerned, I would make a motion to deny.
Mr. Olmedillo: However, let me caution you to something, today, today under
the present ordinance, you may do it without a public hearing.
Mayor Suarez: See, that's why I'm going to vote for his motion because I
don't need this ordinance at all. See, I'm very happy with the existing
status quo and I presume you are too, Mr. Cardet. I think he'd like to go
back to the state of nature here, he'd like to go back to the former.
Mr. Plummer: State of confusion.
Mayor Suarez: That's right. He'll be pleased if the ordinance is denied,
wouldn't he? Isn't that what he wants?
Mr. Olmedillo: We recommend approval.
Mr. Plummer: Well, wait a minute. If it goes back to the other ordinance,
what can he do that he can't do now?
Mr. Olmedillo: With this ordinance, he would have to go to a public hearing.
Today, he can get it without a public hearing.
Mayor Suarez: If it goes back to the existing ordinance is the question.
Mr. Plummer: You're telling me the existing ordinance he can build a third
unit on an R-2 lot?
Mr. Olmedillo: A third unit on it without going to a public hearing.
Mr. Plummer: Oh no, no, no. That's what caused us all that grief over on
24th Avenue.
234 October 27, 1988
0 0
Mr. Olmedillo: Right and this is why we brought an amendment to you saying
that only by apecisl...
Mayor Suarez: Exception.
Mr. Olmediilo: ... only two - that was before - only two and one on a duplex
lot no natter how large it was unless they went into a planned....
Mr. Plummer: So, in other words, what this proposes is then, he can only put
two units unless he goes for a public hearing which can be approved or denied
by this Commission?
Mr. Olmedillo: By the Zoning Board and may be appealed to this Commission.
Mr. Plummer: No, I'm sorry, I move 39. I move it. I'm sorry, I
sisunderstood.
Mayor Suarez: Moved. Do ve have a second?
Mr. Plummer: No, no, no, no, no. What this does remember what...
Mayor Suarez: OK.
Mr. Plummer: ... let me tell you what happened, you remember? The people all
came in and they were not notified that they had the chance to appeal on the
15 days and there were 60 or 70 people down here screaming and hollering at us
that said we never had our opportunity to speak to the issue. That this
proposes to stop that so it won't happen again because it now will take a
public hearing and those people would have to be notified.
Mayor Suarez: OK, we have a motion, do we have a second? Read the ordinance,
please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING PAGE 1 OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS IN "PRINCIPAL USES AND STRUCTURES," "RG-1.
GENERAL RESIDENTIAL (ONE- AND TWO-FAMILY)"
SPECIFICALLY BY RESTATING PARAGRAPH 3 UNDER THE
HEADING "PERMITTED GENERALLY" TO LIMIT THE NUMBER OF
DWELLING UNITS TO TWO; BY ADDING NEW PARAGRAPH 2 UNDER
THE HEADING ENTITLED "PERMISSIBLE ONLY BY SPECIAL
PERMIT" TO PROVIDE FOR A SPECIAL EXCEPTION FOR THREE
OR MORE DWELLING UNITS; AND BY AMENDING "MINIMUM LOT
REQUIREMENTS," "RG-1. GENERAL RESIDENTIAL (ONE- AND
TWO-FAMILY)" BY DELETING THE EXCEPTION WHICH PROVIDES
THAT SEMIDETACHED STRUCTURES MAY BE ON MINIMUM LOT
WIDTHS OF 25 FEET FOR EACH UNIT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of March 24, 1988 „ was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner De Yurre, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10505.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of tt.e City Commission and
to the public.
235 October 27, 1986
0
0
68. JAMAICAN RELIEF: $6,500 grant to be reimbursed from profits.
Mayor Suarez: David, you had a problem with this reggae Sunsplash for Gilbert
relief?
Mr. David Alexander: Yes, sir.
Mayor Suarez: In other words, this was the item that you previously asked for
support so you can have the Jamaican relief function at Bicentennial Park?
Mr. Alexander: Teo, sir.
Mayor Suarez: And we suggested that you try to get voluntary contributions
and so on and they haven't been totally forthcoming, I gather, except for
Skippy Shepard.
Mr. Alexander: No totally, air.
Mayor Suarez: What is it that you would propose to the City as a deal here?
Mr. Alexander: Basically, I'm asking for waiver of the fees in lieu of a
donation from the City or a sponsorship from the City. If that's not
possible, we ask that in all cases that you waive the prepayment clauses that
are required because we just don't have the dollars.
Mr. Plummer: All fees or the rental?
Mr. Alexander: The fees that are on the sheet, six thousand plus the police
which is 410,000.
Mayor Suarez: What do we get?
Mrs. Kennedy: Where is it going to be?
Mr. Plummer: Bayfront Park.
Mayor Suarez: I see here, the memo that I have from my own aide that you'd be
willing to give us 10 percent of the proceeds or...
Mr. Alexander: Well, what we have done is, we have designated to the
committee, the Jamaica relief committee, that 10 percent of the proceeds
should come to the City of Miami's community which is the LDC and Coconut
Grove and 90 percent to the Jamaica...
Mayor Suarez: David, what are you planning to give the City? We will do with
it whatever we please.
Mr. Alexander: Well, we ask you to give us financial support and we are
willing to do whatever you
Mayor Suarez: What are you planning to give us of the proceeds, us, this
Commission here, to do what we please with it.
Mr. Alexander: Oh, half of anything we can make. We'll be happy to give
half.
Mrs. Kennedy: ... but hold it a second, Mr. Mayor, it has to go through the
trust.
Mr. Alexander: Say again, ma'am?
Mrs. Kennedy: You have to go through the...
Mayor Suarez: No, this is Bicentennial.
Mr. Plummer: Oh, it's Bicentennial?
236 October 27, 1988
Mrs. Kennedy: Oh, I'm sorry.
Mayor Suarez: bicentennial
Bicentennial.
Don't get any ideas on any trust on
Mrs. Kennedy: I've asked the City Administration and they said it was
bayfront.
Mr. Plummer: Oh, yes, David.
Mr. Alexander: Anything you're comfortable with, Mr. Mayor.
Mayor Suarez: You're willing to give us SO percent?
Mr. Alexander: Of whatever - you know, we told you when we came here that my
board of directors said if you're going to spend time doing this, there has to
be a return for the Coconut Grove community so I said, fine.
Mr. Plummer: No, no, no. The City, the City, you get nothing.
Mr. Alexander: OK, what don't you make...
Mayor Suarez: To the Commission, to us, we'll do whatever we want with it.
Don't say anything about Coconut Grove LDC.
Mr. Alexander: Make it easy...
Mayor Suarez: You're organizing a function and you don't want to pay us what
you have to pay us. What are you will to give us of the ticket sales, of the
gross proceeds?
Mr. Alexander: I'm easily offering SO percent of the proceeds for the LDC to
the City.
Mr. Plummer: No, nothing for the LDC.
Mayor Suarez: Ve're not interested in the L.... you're not hearing me. What
are you willing to give the City, the Commission, we'll do whatever we want.
Mrs. Kennedy: No string attached.
Mayor Suarez: Ve don't accept strings attached. Dave, I don't understand.
Mr. Alexander: Why don't the Commission make a suggestion, sir, because I
don't think I understand what's on table.
Mayor Suarez: OK.
Mr. Plummer: You will before you leave.
Mr. Alexander: I presume so.
Mayor Suarez: I got a memo from my staff person here, from Janice...
Mr. Plummer: How much, how much are you...
Mayor Suarez: ... that you're willing to give 10 percent of proceeds to go to
Park and Recreation for maintenance. I mean, that...
Mr. Alexander: Sure, why not?
Mr. Plummer: No, no. No, no.
Mr. Alexander: Ten percent of the proceeds to the LDC. See...
Mr. Plummer: How much is the proposed budget that they're asking the City to
waive?
Mr. Alexander: Sixty-five hundred dollars.
Mr. Plummer: Sixty-five hundred, fine. A good cause, no question, but the
City is entitled to its piece of the revenue. I will make a motion that we
237 October 27, 1988
grant the $6,500 request, predicated on the first sixty-five hundred dollars
that art taken in reimburses the City and anything beyond $6,500 they will pay
the City 10 percent. Period,
Mrs. Kennedy: Second.
Mr. Alexander: What about the waiver of the prepayments, air?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: That's what you're getting.
INAUDIBLE COMMENTS NOT 11TERED INTO THE PUBLIC RECORD.
Mr. Plummer: The first $6,500 you take in, we get.
Mayor Suarez: We take the risk...
Mr. Plummer: OK? Anything over $6,500, the City will get 10 percent of.
Mayor Suarez: Right.
Mr. Alexander: Are you speaking of the gross?
Mr. Plummer: Yes.
_ Mr. Alexander: Understand, Mayor and Commissioners, that this puts me in a
situation that is untenable because we have stated to the sponsors and the
community at large that 90 percent of the net revenue...
Mr. Plummer: Net, you...
Mr. Alexander: ... is going back to Jamaica.
Mr. Plummer: You can give them a hundred percent of net. Our expenses are
our expenses...
Mayor Suarez: Yes, that's the City's charge.
Mr. Plummer: ... this has nothing to do with the net.
Mr. Alexander: That is correct.
Mayor Suarez: That's the City's charge.
Mr. Alexander: So, we are nor► saying that the basic expenses of the
production, which is about $6,500 now is expensive and that comes off of the
top.
Mr. Plummer: Sir, if you don't give to Jamaica relief fund 100 percent of the
net...
Mayor Suarez: The net,
Mr. Plummer: ... you're going to lose my vote.
Mr. Alexander: What doe■ the...
Mr. Plummer: One hundred percent of net.
Mrs. Kennedy: Of the net, net.
Mayor Suarez: We're talking about 10 percent of gross, to us, that's the
cost. Explain it to him as the cost.
Mr. Plummer: I'm talking about...
Mr. Alexander: OK, Coconut Grove LDC will do the concert and donate the
proceeds, but understand that I'm working under a motion and approved budget
from my bo.... unimprove from my board that says that in order for you
to do this, there must be a return to Coconut Grove LDC in your very same
contract with us, you require us to raise funds.
236 October 27, 1988
Mr. Plummer: And that's the same...
Mayor Suarez: So for, Coconut Grove LDC hasn't done anything in regards to
this. You have wade a presentation at City Hall, we've gotten you a thousand
dollars from the private vector...
Mr. Alexander: Tom, sir.
Mayor Suarez: ... $6,500 from the City and now we want 10 percent of the
gross. Do you want it or not?
Mr. Alexander: Sir, I can't answer that. I serve as the chair...
Mayor Suarez: Well, take it back to your board, if they don't want to do it,
you can still do the festival if you want but...
Mrs. Kennedy: When is the festival?
Mr. Alexander: It's on Sunday.
Mayor Suarez: See, it's not - it's irrelevant whether they approve it or not,
Dave, this is the best we can do. We have it in the form of a motion?
Mrs. Kennedy: Yes, we have a motion and a second.
Mayor Suarez: Otherwise, they can cancel the festival. We have a
Commissioner that wasn't even willing to go with the $6,500, although I think
he's going to vote for it.
Mr. Plummer: If you got the letters. All right, wait a minute, what?
Mr. Alexander: Can we extend that a little bit more, sir, because what's
happening is the police demand payment also so we're really asking for a
410,000 waiver.
Mayor Suarez: Sixty-five hundred is the best we can do, start collecting for
the four thousand. That's the best we're going to do?
Mr. Plummer: You can't lose.
Mr. Alexander: OK, I understand, we are in a losing position right now as it
is.
Mayor Suarez: This items not on even on the agenda.
Mrs. Kennedy: Right now, you don't have anything.
Mr. Plummer: David.
Mr. Alexander: The City Commission is helping me out, I know that.
Mayor Suarez: This is an emergency item at 8:491
Mr. Plummer: You're looking a gift horse in the mouth.
Mr. Alexander: I'm ready, Commissioner. Ten percent of the gross in addition
to the 46,500...
Mr. Plummer: After the sixty-five.
Mayor Suarez: See, he's got to come up with the money for the police.
Mr. Plummer: The first 66,500 you take in, comes to the City of Miami.
Mr. Alexander: Yes, sir.
Mr. Plummer: Diane will be there to take it out of your hand and put it in
hers.
Mr. Alexander: OK.
239 October 27, 1988
Mr. Plummer: Anything above that, Diane is going to be watching because...
Mr. Alexander: And the Police Department.
Mr. Plummer: ... 10 percent of that, whatever you take in beyond the $6,500,
is expenses that is going to be given to the Parka Department.
Mr. Alexander: I appreciate that, I love that, Commissioner...
Mr. Plummer: How can you lose?
Mr. Alexander: ... and now I happen to come up with no money then, right, in
advance?
Mr. Plummer: That's correct.
Mr. Alexander: Great.
UNIDENTIFIED SPEAKER: The police.
Mr. Alexander: Now, the Police Department is a separate issue. Ve ask that
you allow us to pay....
Mr. Plummer: That's part of the 46,500.
Mr. Alexander: No, sir.
Mr. Plummer: No?
Mr. Alexander: They're four thousand bucks.
Mr. Plummer: How much?
Mr. Alexander: Four thousand dollars. Ve have to negotiate with them. They
keep on raising the budget.
Mr. Plummer: Vell, go negotiate with them.
Mayor Suarez: Yes... it sounds awfully high. How many people they talking
about?
Mr. Alexander: Twenty-two.
Mr. Plummer: Oh, no, that's not high. Not for a reggae festival.
Mr. Alexander: This is a gated event, Commissioner.
Mr. Plummer: No, no, no, no, no. Are you serving beer?
Mayor Suarez: How many hours?
Mr. Alexander: Yes, sir.
Mr. Plummer: No, no. I doubt that twenty-two's enough.
Mayor Suarez: How many hours?
Mr. Alexander: They're staggered shifts. They bring them in slower...
Mayor Suarez: How many total hours for the event?
Mr. Alexander: Nine hours.
Mayor Suarez: It's still working out to two hundred per officer, it sounds
high.
Mr. Alexander: Vell, what happened was they estimated the crowd to be 45,000
people, Mr. Mayor...
Mayor Suarez: That's...
Mr. Alexander: ... and that's Just not real.
240 October 27, 1988
Mayor Suarez: Talking the number of dollars divided by the number of officers
irrelevant to the number of people, it works out to almost two hundred. Now,
that's what I'm telling you, it sounds high to me. Anyhow, work with the City
staff to see if you can lover that.
Mr. Alexander: OK, so we ask that the City Commission allow us to pay them
whatever it is the day of the event.. OK? I mean that has to come out the day
of the event. It's going to be part of that 10 percent you talked about.
It's part of the cost.
Mr. Plummer: No, no, to, no, no. You don't understand. Once again, the
first $6,500 you take in goes to Diane...
Mr. Alexander: The Parks Department. Then...
Mr. Plummer: From that point on, regardless of what your other expenses are,
we're getting 10 percent. OK?
Ms. Diane Johnson: Plus a surcharge.
Mr. Plummer: Well, the surcharge In already written in.
Mr. Alexander: Can we say that the surcharge is not in there, sir? I mean,
we can't pay the City a surcharge and then a piece of it goes on top of it.
Mr. Plummer: Why not?
Mr. Alexander: See, understand why we're doing this, Commissioner, OK?
Mr. Plummer: We understand.
Mr. Alexander: We're doing this because we're trying to make a difference,
OK? I am in the position of saying to you that I can't take to my board...
Mr. Plummer: David, the problem is, you're not doing it, you're asking us to
do it for which you will take credit for and God bless you.
Mr. Alexander: It's not credit, Commissioner, it's not about credit.
Mr. Plummer: David, you're asking us to foot all of the bills and guarantee
an instant success.
Mayor Suarez: Look, I'm not even sure. We've only got four of us here. I'm
not even sure this is going to fly. Let's try for it. It is a lot better
than you had here a little while ago when it wasn't even clear we'd be able to
get to the item. Please, do we have a motion?
Mrs. Kennedy: Yes, we do.
Mayor Suarez: And do we have a second?
Mrs. Kennedy: Yes, I seconded.
Mayor Suarez: Call the roll.
The following motion vas introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-997
A MOTION CONCERNING A JAMAICAN RELIEF EVENT TO BE HELD
AT BICENTENNIAL PARK ALLOCATING AN AMOUNT NOT TO
EXCEED $6,500 TO PARTIALLY COVER CITY SERVICES,
CONDITIONED UPON THE ORGANIZERS REIMBURSING THE CITY
UP TO ONE HUNDRED PERCENT IF THE TOTAL GROSS PROCEEDS
EXCEED $6,500 AND FURTHER CONDITIONED UPON THE CITY
RECEIVING 10 PERCENT OF THE BALANCE OF THE TOTAL GROSS
PROCEEDS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote:
241 October 27, 1988
AYES: Cowaiesioner Victor De Turre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
COMMENTS KADE DURING ROLL CALL:
Mr. De Turre: Let me understand this. The first $6,500 goes to the City.
Mr. Plummer: Correct.
Mr. De Turre: Then, from then on, we got 10 percent of the gross.
Mr. Plummer: Correct.
Mr. De Turre: And then, from their 90 percent of the gross, they got to pay
police and all the other expenses.
Mayor Suarez: Right.
Mr. Plummer: That's - well, from their net, yes. From their other part of
the gross, yea, yea.
69. TASTE OF HEALTH FESTIVAL: restrict peddlers.
Mayor Suarez: OK, anything else before we recess?
Mrs. Kennedy: Yea, I have a very quick...
Mr. Plummer: I got two...
Mrs. Kennedy: This is to restrict the retail peddlers within a two block
radius of Peacock Park during the Taste of Health Festival on Sunday, October
the 30th and I so move.
Mayor Suarez: I'll entertain a motion.
Mrs. Kennedy: Move it.
Mr. De Turre: Second.
!Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-998
A RESOLUTION CONCERNING THE TASTE OF HEALTH FESTIVAL TO BE
HELD SUNDAY, OCTOBER 30, 1988 AT PEACOCK PARK;
ESTABLISHING AN AREA PROHIBITED TO RETAIL PEDDLERS DURING
THE PERIOD OF THE EVENT; CONDITIONED UPON THE REQUIREMENT
THAT THE CITY VILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY. AND UPON ORGANIZERS PAYING FOR ALL NECESSARY
COSTS OF CITY SERVICES ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner De Yurre, the resolution was passed
and adopted by the following vote:
242 October 27, 1988
ATES: Commissioner Victor De Turre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Commissioner Miller J. Dawkins
70. LIVIA GARCIA appointed to Homeless Coordinator position.
Mrs. Kennedy: And I'd like to appoint Livia Garcia as the homeless
coordinator position for the City of Miami. This is the...
Mr. Plummer: The what?
Mrs. Kennedy: ... requested...
Mayor Suarez: That doesn't entail any expenditure or anything, it's just an
appointment? Like a liaison?
Mrs. Kennedy: I believe not, I think it's an appointed position to work with
the homeless. Livia Garcia.
Mayor Suarez: It's one of your employees.
Mr. De Turre: To work...
Mayor Suarez: She's not going to leave your employ, right?
Mrs. Kennedy: Patty Allen has requested this. No, no.
Mr. Frank Castaneda: There is some negotiation going on to hire her away. I
don't know if that's what you're talking about or....
Mayor Suarez: Well, you know, if it doesn't require any expenditure or change
her duties at all, this Commission doesn't have to act on it at all. So
whatever it is that Patty Allen wants, you figure it out and try to implement
it if you can and if it's...
Mr. Castaneda: Can I see....
Mayor Suarez: No, no. We're not moving on it, you've got all the time in the
world to see it.
Mrs. Kennedy: I'll give you the - just talk to her and...
Mayor Suarez: All right, do you know, some of these items I'm going to track
down, including mine.
71. ACCEPT COMPLETED WORK OF MADSEN/BARB CORPORATION FOR SANITARY SEWER ON
N.W. 8 STREET
Mr. Plummer: Mr. Mayor, this company was supposedly going out of business. I
passed it through the administration and they said it's no problem, it's been
deferred four times. Accepting the completed work and authorizing the final
payment of Madsen/Barr Corporation for Citywide sanitary sewer replacement
project on N.W. 8th Street Road, C.I.P. project number 351275, final payment
in the amount of 668.916.06.
Mayor Suarez: Why was this not on the agenda if I may ask?
Mr. Plummer: It's been deferred for four times, I'm told and I ran it by the
administration who said they had no objection to it being brought here today
and being paid. Am I correct?
243 October 27, 1988
UNIDENTIFIED SPEAKER: That's correct, yes.
Mr. Plummer: I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-999
A RESOLUTION ACCEPTING THE COMPLETED WORK OF MADSEN/BARR
CORPORATION AT A TOTAL COST OF $498,294.65 FOR CITYWIDE
SANITARY SEWER REPLACEMENT PROJECT - N.W. 8 STREET ROAD-
CIP PROJECT NO. 351275 AND AUTHORIZING A FINAL PAYMENT OF
$68,916.06.
(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: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
72. TRANSFER OF OLD MUNICIPAL JUSTICE BUILDING PRISONERS: City to wait until
new prison is completed.
Mr. Plummer: I'm very concerned, Mr. Mayor, about an article that I never put
a faith in what the paper says. I'm concerned about the City jail. I'm
concerned. The impression that I got from reading the newspaper article was
that we, the City, were going to put prisoners out on the street because we
were going to make them move out prior to their new facility being completed.
Mrs. Kennedy: Right.
Mr. Plummer: Now, when is their new facility being proposed to be completed?
Mr. Sergio Rodriguez: In March of 189.
Mr. Plummer: Excuse me?
Mr. Rodriguez: March of 189.
Mr. Plummer: I want to offer a resolution that in no way, shape or form does
this City move those prisoners out prior to the new facility being built in
which they can the same day be transferred from the City facility to that new
facility. I still want to give them 90 days notice, is that what we....
Mr. Rodriguez: A hundred and twenty days.
Mr. Plummer: I still want to give them that, but I want assurances, I want
them to have the assurances that in no way will we move them out until the new
facility is built and I so move, Mr. Mayor.
Mr. Rodriguez: And if they were to take longer than the time they have told
us, we will bring it back to you.
244 October 27, 1968
Mr. Plummer: That's fine. But the impression I got was a horrible
impression. OK7 Mr. Mayor, I so move.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mr. Do Turre: Well, we're talking about then extending the period to March
which is the due date. Then they can bring it back.
Mr. Plummer: Whatever is necessary.
Mr. De Turre: Well, you know, March...
Mr. Plummer: If it's not March, he maid he would bring it back.
Mr. Rodriguez: We'll bring it back.
Mr. De Turre: OK, that's what I'm saying, I just want to set it to March.
Mayor Suarez: Tom, the limitation built into the motion of March, otherwise
we have to...
Mr. Rodriguez: Sure.
Mr. Plummer: It would have to be brought back before this Commission if it's
not going to be completed in March of 189.
Mr. De Turre: OK.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-1000
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENSURE THAT THE APPROVED AND ORDERED IMPLEMENTATION OF THE
VACATING OF CITY -OWNED PREMISES AT THE FORMER MUNICIPAL
JUSTICE BUILDING BY METROPOLITAN DADE COUNTY NOT TAKE
PLACE UNTIL THE STATED DEADLINE OR UNTIL MARCH, 1989, THE
ANTICIPATED COMPLETION DATE FOR THE CONSTRUCTION OF THE
NEW COUNTY DETENTION FACILITY, WHICHEVER IS LATER; FURTHER
INSTRUCTING THE CITY MANAGER TO ASSURE DADE COUNTY THAT
PRISONERS PRESENTLY HELD AT SAID PREMISES CAN CONTINUE TO
BE SO HELD UNTIL THEY CAN BE SAFELY TRANSFERRED TO THE NEW
FACILITY AND THAT IF THE FACILITY IS NOT READY BY MARCH,
1989, THE CITY COMMISSION WILL AGAIN CONSIDER AN EXTENSION
OF THE DEADLINE DATE FOR SURRENDER OF SAID PREMISES BY THE
COUNTY.
(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 vas passed
and adopted by the following vote:
AYES: �.ommissioner Victor De Turre
Commissioner J. L. Plummer, Jr.
dice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
245 October 27, 1988
73. EMERGENCY ORDINANCE INCREASING APPROPRIATIONS FOR 'MANUEL ARTIME
RENOVATIONS" (See label 40).
Mr. Frank Castaneds: Commissioner, can you take my Artime, first reading?
Mr. Plummer: Oh, yes, Victor was not present. Mr. Mayor, I will move item 10
based on the fact that no monies of these can be expended without City
Commission approval. That's on the Artime Center.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Call the roll.
Bob Clark, Esq.: I think that's an ordinance.
Mr. Plummer: It is? Yes, it is, it's an emergency ordinance, that's why we
didn't have the four people here.
Mayor Suarez: Has it been read before?
Mr. Jorge Fernandez: Is it moved? Seconded?
Mr. Plummer: Yes, and seconded.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10347 ADOPTED NOVEMBER 19, 1987, AS AMENDED, THE
CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE BY
INCREASING THE PROJECT ENTITLED 'PIANUEL ARTIME
RENOVATIONS', PROJECT NO. 333083 IN THE AMOUNT OF
$200,000 FROM THE FLORIDA DEPARTMENT OF STATE,
DIVISION OF CULTURAL AFFAIRS, CULTURAL FACILITIES
PROGRAM GRANT; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Whereupon the Commission an notion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Turre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10506.
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.
246 October 27, 1986
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CITY OF MIAMI
DOCUMENT INDEX
QATE.
OCTOBER 27, 1988
PAW 1 OF
DOCUMENT DE'NTF"TM
OVAL C M N
GREATER MIAMI DRUG ABUSE COUNCIL:
WAIVE RENTAL AT MARINE STADIUM FOR
CHARITY POWER BOAR CHAMPIONSHIP.
88-967
APPROVE IN PRINCIPLE THE 1988-1994
CAPITAL IMPROVEMENT PROGRAM.
88-968
ACCEPT GRANT FROM METROPOLITAN DADE
COUNTY CULTURAL AFFAIRS COUNCIL
CONCERNING MIAMI/OAS INTERNATIONAL
ARTISTS SERIES,
88-969
ORANGE BOWL STADIUM: CHARGES, TERMS AND
CONDITIONS FOR GEORGE MICHAEL CONCERT
BY FANTASMA PRODUCTIONS.
88-970
12 DEEDS OF DEDICATION FOR HIGHWAY
PURPOSES.
88-971
ACCEPT PLAT: ALONSO ESTATES.
88-972
ACCEPT PLAT: JEANETTE SUBDIVISION
88-973
ACCEPT PLAT: CAMINO SUBDIVISION
88-974
EXECUTE AGREEMENT WITH FANTASMA
PRODUCTIONS: REBATES OF NOVELTY
CONCESSION REVENYE FROM CONCERTS.
88-975
CITY MANAGER AND DOWNTOWN DEVELOPMENT
AUTHORITY TO APPLY FOR HIGHWAY
BEAUTIFICATION GRANT FROM FLORIDA
DEPARTMENT OF TRANSPORTATION FOR
BRICKELL AREA S.W. 8 STREET GATEWAY
PROJECT.
APPLY TO FLORIDA HIGHWAY BEAUTIFICATION
GRANT MEMORANDUM OF AGREEMENT FOR
EDISON CENTER GATEWAY PROJECT,
DEPARTMENT OF COMPUTERS APPROPRIATIONS
FOR NOVEMBER 1988.
RIVIRWA4K ALONG 31SCAYNE BAY AND MIAMI
RIM TII DDFDNT PLAZA AREA:
CON41TJONAL10t AUTHOAZZO EXECUTION OF
AGREEMENT WITH MIAMI CENTER JOINT
VRNTURE .
88-976
88-977
88-980
�F
r n,.�xcT
c
DOCUMENT INDEX
2
PAM......OF._,_.
. I DOCUMENT DENTFICATM 1 RETRIEVAL CODE NO.
ACCEPT BID OF FCE CONTRACTING INC. FOR
MIAMI RIVERWALK EAST PROJECT.
NICARAGUAN AMERICAN FOUNDATION:
EXTEND PERMIT FOR USE OF HENDERSON
PARK FOR OFFICE SPACE.
"TEENS GUIDE TO LIFE: CRACKDOWN ON
CRACK" - WAIVE RENTAL OF BAYFRONT
PARK AMPHITHEATER FOR THEIR EVENT.
BEACON COUNCIL: COMMISSIONER PLUMMER TO
REPRESENT THE CITY.
APPROVE BAYFRONT PARK TRUST BUDGET
1988/1989.
MIRACLE CENTER MAJOR USE SPECIAL
PERMIT: AMENDMENT OF DINING AREA
AND LIVE ENTERTAINMENT (SCRIVENER'S
ERRORS).
PORT BOULEVARD BRIDGE: APPROVE
CONVEYANCE TO DADE COUNTY FOR
CONSTRUCTION FOR NEW PORT OF MIAMI
BRIDGE.
COMMODORE BAY LITIGATION: $30,000 TO
PAY CO -COUNSEL (JOSEPH FLEMING AND
PARKER THOMSON) LEGAL FEES.
AUTHORIZE ISSUANCE OF REQUEST FOR
PROPOSALS FOR FULL -SERVICE BOAT YARD
FACILITY, MARINA AT 2640 S. BAYSHORE
DRIVE, CURRENTLY MERRILL STEVENS SITE.
THREE WAY STOP SIGN TO BE INSTALLED
AT SW. 18 STREET AND CORAL GATE DRIVE.
RIVERFEST: $4,500 TO MIAMI RIVER
COORDINATING COMMITTEE FOR EVENT.
TASTE OF HEALTH FESTIVAL: RESTRICT
PEDDLERS.
ACCEPT COMPLETED WORK OF MADSEN/BARR
CORPORATION FOR SANITARY SEWER ON N.W.
8TH STREET.
TRANSFER OF OLD MUNICIPAL JUSTICE
BUILDING PRISONERS: CITY TO WAIT
UNTIL NEW PRISON IS COMPLETED.
88-982
88-983
88-986
88-987
88-988
88-989
88-991
88•-992
88-993
88-996
88-998
88-999
88-1000