HomeMy WebLinkAboutCC 1988-06-23 Minutesv �#
CITY OF MIAMI
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OF MEETING HELD ON JUNE 23, 1988
(PLANNING AND ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
ITY HALL
MATTY HIRAI
City Clerk
if
INDEX
MINUTES OF REGULAR NgETING
CITY COMMISSION OF MIAMI, FLORIDA
JUNE 23, 1988
ITEM SUBJECT LEGISLATION PAGE
NO. N0.
------- _---------------__---------_------------
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 1
SPECIAL ITEMS. 6/23/88
2.
AUTHORIZE COLLECTIVE BARGAINING
R 88-571 1-24
AGREEMENT WITH FRATERNAL ORDER OF
6123188
POLICE, LODGE NO. 20 (10/l/87 -
9/30/89).
3.
SECOND READING ORDINANCE: ZONING TEXT
ORDINANCE 24
AMENDMENT: ARTICLE 15 (SPECIAL PUBLIC
10445
INTEREST DISTRICTS - SPI-7 BRICKELL
6/23/88
MIAMI RIVER RAPID TRANSIT COMMERCIAL
RESIDENTIAL DISTRICTS) - PERMISSIBLE
PRINCIPAL USES AND STRUCTURES;
PRINCIPAL USES PERMISSIBLE AT OTHER
LOCATIONS; PERMIT COMMERCIAL MARINAS,
PIERS, OPEN DRY BOAT STORAGE WITH NO
SAILS, ETC.
4.
DISCUSSION AND DEFERRAL OF PROPOSED
DISCUSSION 25-27
FIRST READING ORDINANCE FOR ZONING TEXT
6/23/88
AMENDMENT, ARTICLE 36 (DEFINITIONS) -
PROVIDE DEFINITION FOR AUTOMOBILE
WRECKING YARD; USES AND STRUCTURES;
ALLOW AUTOMOBILE WRECKING AND
DISMANTLING, AND STORAGE OF USED PARTS
FOR RESALE, ETC.
5.
A MOTION TO DENY PROPOSED FIRST READING
M 88-572 28-43
ORDINANCE: ZONING ATLAS AMENDMENT AT
6/23/88
APPROXIMATELY 1836 BISCAYNE BLVD.
(FIRST CHURCH OF CHRIST SCIENTIST) BY
APPLYING SECT. 1610 HC-1 (HISTORIC
PRESERVATION)
6.
DISCUSSION AND DEFERRAL OF PROPOSED
M 88-573 43-44
FIRST READING ORDINANCE: ZONING ATLAS
6/23/88
AMENDMENT AT APPROXIMATELY 1401 N.
MIAMI AVENUE (FIRE STATION NO. 2) BY
APPLYING SECT. 1610 HC-1 - (HERITAGE
CONSERVATION) UNTIL PROPER CRITERIA HAS
BEEN ESTABLISHED REGARDING RENOVATION
OF FACILITY.
7.
DISCUSSION AND TEMPORARY DEFERRAL OF
DISCUSSION 44-45
PROPOSED FIRST READING ORDINANCE:
6/23/88
ZONING ATLAS AMENDMENT AT APPROXIMATELY
1328 N.W. 3RD AVENUE (ST. JOHN'S
BAPTIST CHURCH) BY APPLYING SECT. 1610
HC-1 (HERITAGE CONSERVATION) (SEE LABEL
14).
8.
FIRST READING ORDINANCE: ZONING ATLAS
ORDINANCE 45-47
AMENDMENT AT APPROXIMATELY 300 N.E. 1ST
FIRST READING
AVENUE (U.S. POST OFFICE AND
6/23/88
COURTHOUSE) BY APPLYING SECT. 1610 HC-
1. (HERITAGE CONSERVATION)
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9. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 47=48
AMENDMENT AT APPROXIMATELY 301 N.W. 9TH FIRST READING
STREET (MT. ZION BAPTIST CHURCH) BY 6/23/88
APPLYING SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
10. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 49-51
AMENDMENT AT APPROXIMATELY 819 N.W. 2ND FIRST READING
AVENUE (LYRIC THEATER) BY APPLYING 6/23/88
SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
11. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 52
AMENDMENT AT APPROXIMATELY 500 N.E. 1ST FIRST READING
AVENUE (CENTRAL BAPTIST CHURCH) BY 6/23/88
APPLYING SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
12. BRIEF DISCUSSION AND CONTINUANCE OF DISCUSSION 53-54
PROPOSED FIRST READING ORDINANCE: 6/23/88
ZONING AT LAST AMENDMENT AT
APPROXIMATELY 401-447 N. MIAMI AVENUE
(CHAILLE BLOCK) BY APPLYING SECT. 1610
HC-1.(HERITAGE CONSERVATION)
13. CONTINUE PROPOSED FIRST READING DISCUSSION 54
ORDINANCE: ZONING ATLAS AMENDMENT AT 6/23/88
APPROXIMATELY 140 N.E. 1ST AVENUE (HAHN
BUILDING) BY APPLYING SECT. 1610 HC-1.
(HERITAGE CONSERVATION)
14. (CONTINUED DISCUSSION) FIRST READING ORDINANCE 54-55
ORDINANCE: ZONING ATLAS AMENDMENT AT FIRST READING
APPROXIMATELY 1328 N.W. 3RD AVENUE (ST. 6/23/88
JOHN'S BAPTIST CHURCH) BY APPLYING
SECT. 1610 HC-1 (HERITAGE CONSERVATION)
(SEE LABEL 7).
15. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 55-56
AMENDMENT AT APPROXIMATELY 1221-1227 FIRST READING
N.E. 1ST AVENUE (KENTUCKY HOME) BY 6/23/88
APPLYING SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
16. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 56-57
AMENDMENT AT APPROXIMATELY 1042 N.W. FIRST READING
3RD AVENUE (EBENEEZER METHODIST CHURCH) 6/23/88
BY APPLYING SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
17. DEFER CONSIDERATION OF PROPOSED FIRST M 88-574 57-68
READING ORDINANCE: ZONING ATLAS 6/23/88
AMENDMENT AT APPROXIMATELY 111 N.E. 2ND
AVENUE (CONGRESS BUILDING) TO APPLY
SECT. 1610 HC-1 (HERITAGE
CONSERVATION) - BY INSTITUTING A
MORATORIUM FOR A PERIOD OF 90 DAYS.
18. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 68- 69
AMENDMENT AT APPROXIMATELY 120 N.E. 1ST FIRST READING
STREET MORELAND ARCADE) BY APPLYING 6/23/88
SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
19. FIRST READING ORDINANCE: ZONING ATLAS ORDINANCE 69-70
AMENDMENT AT APPROXIMATELY 245 N.W. 8TH FIRST READING
STREET (GREATER BETHEL A.M.E. CHURCH) 6/23/88
BY APPLYING SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
9
0
20.
DISCUSS AND DEFER FOR A PERIOD OF 90
M 88-575
70-72
DAYS PROPOSED FIRST READING ORDINANCE:
6/23/88
ZONING ATLAS AMENDMENT AT APPROXIMATELY
2167 S. BAYSHORE DRIVE (VILLA WOODBINE)
BY APPLYING SECT. 1610 HC-1. (HERITAGE.
CONSERVATION)
21.
ACCEPT $10,000 DONATION FROM PROCTOR
R 88-576
72-73
AND GAMBLE, INC. IN SUPPORT OF THE 1988
6/23/88
CITY OF MIAMI/CREST YOUTH BASEBALL
WORLD SERIES ("PRIDE IN MIAMI PARKS" -
ADOPT -A -PARK PROGRAM).
22.
DISCUSSION CONCERNING PROPOSED
DISCUSSION
73-86
FIRST READING ORDINANCE: ZONING
6/23/88
ATLAS AMENDMENT AT APPROXIMATELY
3952 DOUGLAS ROAD (WALTER C. DE
GARMO ESTATE) BY APPLYING SEC.
1610 HC-1 (HERITAGE
CONSERVATION)
23.
DISCUSSION REGARDING COMPREHENSIVE PLAN
DISCUSSION
87-92
PROCESS FOR THE MIAMI COMPREHENSIVE
6/23/88
NEIGHBORHOOD PLAN (1989-2000).
24.
CONTINUE TO JULY 21 MEETING PROPOSED
DISCUSSION
92-93
RESOLUTION TO AMEND THE BAYSIDE
6/23/88
SPECIALTY CENTER MAJOR USE SPECIAL
PERMIT (499 BISCAYNE BLVD.).
25.
RESCHEDULE SECOND REGULAR CITY
R 88-577
93
COMMISSION MEETING OF JULY, 1988, TO
6/23/88
TAKE PLACE ON JULY 21.
26.
INSTRUCT MODEL CITIES SMALL BUSINESS
M 88-578
94-123
DEVELOPMENT PILOT PROGRAM LOAN
6/23/88
COMMITTEE TO RESUME PROCESSING
PREVIOUSLY FILED APPLICATIONS - WITH
VARIOUS OTHER STIPULATIONS (SEE LABEL
33).
27.
REQUEST THE CITY MANAGER TO BRING
DISCUSSION
123-124
BACK INFORMATION REGARDING NON-
6/23/88
DISBURSEMENT OF MONIES ALLOCATED
AT THE MEETING OF OCTOBER 22,
1987, IN CONNECTION WITH CENTRAL
AMERICAN INDEPENDENCE DAY
FESTIVAL (7, 500) (SEE LABELS 35
AND 58)
28.
AUTHORIZE CITY OF MIAMI PLACEMENT OF
R 88-579
124-126
ADVERTISEMENTS IN "LA NACION".
6/23/88
29.
PERSONAL APPEARANCE BY JACINTO PEYNADO,
DISCUSSION
126-127
SENATOR OF THE REPUBLIC OF SANTO
6/23/88
DOMINGO - THANKING THE CITY OF MIAMI
SISTER CITY PROGRAM.
30.
PERSONAL APPEARANCE BY MR. GEORGE YAP
DISCUSSION
127-128
EXPRESSING GRATITUDE FOR LOAN RECEIVED
6/23/88
THROUGH THE MODEL CITIES SMALL BUSINESS
PILOT PROGRAM.
31.
APPROVE IN PRINCIPLE ESTABLISHMENT OF
R 88-580
128-132
AN ASIAN VILLAGE IN THE CITY OF MIAMI
6/23/88
AS A TOURIST ATTRACTION.
32.
AUTHORIZE ESTABLISHMENT OF CITYWIDE
M 88-581
132-136
SMALL BUSINESS ASSISTANCE PILOT
6/23/88
PROGRAM - DESIGNATE LOAN COMMITTEE.
t
33.
(CONTINUED DISCUSSION) CLARIFYING
DISCUSSION
137
COMMENTS IN CONNECTION WITH THE MODEL
6/23/88
CITY'S DEVELOPMENT PROGRAM AND LOAN
COMMITTEE (SEE LABEL 26).
34.
BRIEF DISCUSSION AND COMMENTS IN
DISCUSSION
137-158
CONNECTION WITH GUIDELINES TO BE
6/23/8B
ESTABLISHED IN CONNECTION WITH THE
SMALL BUSINESS ASSISTANCE PILOT
PROGRAM.
35.
(CONTINUED DISCUSSION) CITY MANAGER'S
DISCUSSION
138
RESPONSE TO AN EARLIER REQUEST FROM THE
6/23/B8
COMMISSION CONCERNING NONDISBURSEMENT
OF FUNDS IN CONNECTION WITH CENTRAL
AMERICAN INDEPENDENCE DAY FESTIVAL (SEE
LABELS 27 AND 57).
36.
DISCUSSION CONCERNING REVIEW OF THE
DISCUSSION
138-151
CUBAN MUSEUM LEASE AGREEMENT.
6/23/88
37.
(A) UPDATE ON PROGRESS OF PROJECTS
R 88-582
152-166
RELATED TO SOUTHEAST OVERTOWN/PARK WEST
M 88-583
REDEVELOPMENT PROJECT. (B) EXECUTE
6/23/88
AGREEMENT WITH ERM-SOUTH, ETC. INC.
(PROFESSIONAL SERVICES) TO CONDUCT
ENVIRONMENTAL ASSESSMENTS IN CERTAIN
BLOCKS OF SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT AREA. (C)
INSTRUCT ADMINISTRATION TO KEEP MEMBERS
OF OVERTOWN ADVISORY BOARD APPRISED AT
ALL TIMES OF DEVELOPMENTS IN OVERTOWN.
38.
(A) DISCUSSION CONCERNING OFFICIAL
M 88-584
166-169
GROUND BREAKING CEREMONY IN THE
DISCUSSION
SOUTHEAST OVERTOWN/PARK WEST
6/23/88
REDEVELOPMENT PROJECT. (B) APPROVE
REIMBURSEMENT TO THE CITY OF MIAMI BY
CODEC, INC. FOR USE OF CIVIC CENTER
SITE TO CONSTRUCT A LOW DENSITY
AFFORDABLE SALES HOUSING DEVELOPMENT
PROJECT.
39.
CONTINUE TO JULY 21 PROPOSED RESOLUTION
DISCUSSION
169-170
FOR MODIFICATION OF COVENANT REGARDING
6/23/88
PROPERTY OWNED BY LEONARD A. RALBY, ET
AL AT APPROXIMATELY 2606, 2612, 2620
AND 2630 S.W. 28TH STREET.
40.
APPROVE, IN PRINCIPLE, THE BAY
R 88-585
170-174
HEIGHTS - NATOMA MANOR TRAFFIC STUDY -
6/23/88
SCHEDULE PUBLIC HEARING TO CONSIDER
CREATION OF SPECIAL TAXING DISTRICT OR
OTHER CONTROL MEASURES.
41.
CONTINUE TO JULY 14 CONSIDERATION OF
DISCUSSION
175-177
POSSIBLE CHANGE OF ZONING AND AMENDMENT
6/23/88
OF MIAMI COMPREHENSIVE PLAN AT 1145
N.W. 11TH STREET (MUNICIPAL JUSTICE
BUILDING) TO BEGIN STEPS TO OFFER
PROPERTY.
42.
APPROVE STUDY BY PLANNING DEPARTMENT OF
M 88-586
177-179
EXISTING LAND USE AND ZONING PATTERNS
6/23/88
IN GENERAL AREA BETWEEN N.W. 27TH-30TH
AVENUES FROM N.W. 15TH-17TH STREETS,
0
43.
SECOND READING ORDINANCE: AMEND MIAMI
ORDINANCE
179-180
COMPREHENSIVE NEIGHBORHOOD PLAN -
10446
CHANGE PLAN DESIGNATION AT
6/23/88
APPROXIMATELY 829-833 S.W. 29TH AVENUE
AND 829 S.W. 28TH AVENUE FROM MODERATE
HIGH DENSITY RESIDENTIAL TO COMMERCIAL
RESIDENTIAL (LAMAR, INC.).
44.
SECOND READING ORDINANCE: ZONING ATLAS
ORDINANCE
180-181
AMENDMENT FROM RG-2/5 TO CR-3/7 AT
10447
APPROXIMATELY 829-833 S.W. 29TH AVENUE
6/23/88
AND 829 S.W. 28TH AVENUE (LAMAR, INC.).
45.
SECOND READING ORDINANCE: AMEND MIAMI
ORDINANCE
181
COMPREHENSIVE NEIGHBORHOOD PLAN -
10448
CHANGE LAND USE DESIGNATION AT
6/23/88
APPROXIMATELY 2551 S.W. 27TH LANE FROM
LOW DENSITY RESIDENTIAL TO RESIDENTIAL
OFFICE (ANTONIO AND SARA GOMEZ-ORTEGA).
46.
SECOND READING ORDINANCE: ZONING ATLAS
ORDINANCE
182
AMENDMENT FROM RS-2/2 TO RO-1/4 AT
10449
APPROXIMATELY 2551 S.W. 27TH LANE
6/23/88
(ANTONIO AND SARA GOMEZ-ORTEGA).
47.
DISCUSSION AND TEMPORARILY TABLE
DISCUSSION
183-186
PROPOSED FIRST READING ORDINANCE TO
6/23/88
AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN - CHANGE LAND USE DESIGNATION AND
PROPOSED ZONING ATLAS CHANGE AT
APPROXIMATELY 51 S.W. LE JEUNE ROAD
FROM RESIDENTIAL OFFICE TO COMMERCIAL
RESIDENTIAL (MARTA LUZ GORDON). (SEE
LABEL 63).
48.
FIRST READING ORDINANCE: AMEND MIAMI
ORDINANCE
187-194
COMPREHENSIVE NEIGHBORHOOD PLAN -
FIRST READING
CHANGE LAND USE DESIGNATION AT
6/23/88
APPROXIMATELY 101-125 N.W. 60TH STREET
AND 6000-6024 N.W. 1ST AVENUE FROM LOW
MODERATE DENSITY RESIDENTIAL TO
MODERATE DENSITY RESIDENTIAL (NEW
HORIZON GROUP HOME W .
49.
FIRST READING ORDINANCE: ZONING ATLAS
ORDINANCE
194-195
AMENDMENT - CHANGE FROM RG-1/3 TO RG-
FIRST READING
2/4 AT APPROXIMATELY 101-125 N.W. 60TH
6/23/88
STREET AND 6000-6024 N.W. 1ST AVENUE
(NEW HORIZON GROUP HOME 01 )
50.
GRANT WAIVER OF RENTAL FEE FOR USE OF
R 88-587
195-199
BAYFRONT PARK AMPHITHEATER IN
6/23/88
CONNECTION WITH NELSON MANDELA DAY.
51.
GRANT REQUEST BY REPRESENTATIVES OF
M 88-588
199-204
HOPE PRE-SCHOOL AND DIRECT
6/23/88
ADMINISTRATION TO INSTRUCT PUBLIC WORKS
DEPT. TO REPAIR THE STREET IN FRONT OF
THE FACILITY IN TIME FOR ITS OPENING.
52.
DENY APPEAL BY STANLEY AND BLANCHE
R 88-589
205-206
LEAR, ET AL, OF ZONING BOARD'S DENIAL
6/23/88
OF VARIANCE TO ALLOW OPERATION OF A
RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FACILITY AT APPROXIMATELY 522-528-534
N.E. 78TH STREET.
6
53. DENY APPEAL BY STANLEY AND BLANCHE
R 88-590
LEAR, ET AL, OF ZONING BOARD'S DENIAL
6/23/88
OF SPECIAL EXCEPTION TO ALLOW OPERATION
OF A RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FACILITY AT APPROXIMATELY
522-528-534 N.E. 78TH STREET.
54. APPROVE MODIFICATION OF COVENANT AT
R 88-501
APPROXIMATELY 2951-2999 S.W. 22ND
6/23/88
TERRACE (CHALLENGER INVESTMENTS, INC.
AND JORGE RODRIGUEZ) - ALLOW OWNERS TO
POSTPONE CONSTRUCTION OF MASONRY WALL.
55. DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
OF PROPOSED MODIFICATION OF
6/23/88
COVENANT TO PERMIT MAXIMUM HEIGHT
FOR BUILDINGS AT APPROXIMATELY
2100 BRICKELL AVENUE (ALFREDO
MUNOZ AND ALF-LOREN INVESTMENTS)
(SEE LABELS 59 AND 61).
206-207
201-211
211-219
56.
FIRST READING ORDINANCE: CREATE
ORDINANCE 219-220
CHAPTER 13(A) IMPOSING A "DOWNTOWN
FIRST READING
DEVELOPMENT SUPPLEMENTAL FEE" TO
6/23/88
ACCOMMODATE REGIONAL IMPACTS OF NEW
DOWNTOWN DEVELOPMENT.
57.
FIRST READING ORDINANCE: CREATE CHAPTER
ORDINANCE 220-221
13(B) IMPOSING A "SOUTHEAST
FIRST READING
OVERTOWN/PARK WEST DEVELOPMENT
6/23/88
SUPPLEMENTAL FEE" TO ACCOMMODATE
REGIONAL IMPACTS OF NEW SOUTHEAST
OVERTOWN/PARK WEST DEVELOPMENT.
58.
(CONTINUED DISCUSSION) CITY MANAGER'S
DISCUSSION 221
RESPONSE TO AN EARLIER REQUEST FROM THE
6/23/88
COMMISSION CONCERNING NON -DISBURSEMENT
OF FUNDS IN CONNECTION WITH CENTRAL
AMERICAN INDEPENDENCE DAY FESTIVAL (SEE
LABEL 55 AND 61).
59.
(CONTINUED DISCUSSION) PROPOSED
DISCUSSION 221-222
MODIFICATION OF COVENANT AT
6/23/88
APPROXIMATELY 2100 BRICKELL AVENUE TO
PERMIT A MAXIMUM HEIGHT FOR BUILDINGS
ON THE PROPERTY (ALFREDO MUNOZ AND ALF-
LOREN INVESTMENTS) (SEE LABEL 55 AND
61).
60.
(A) CONTINUE TO JULY 14 APPEAL BY
DISCUSSION 222-224
OBJECTOR (MICHAEL J. FREMAN) FOR REVIEW
6/23/88
OF ZONING BOARD'S APPROVAL OF A CLASS B
SPECIAL PERMIT FOR VALET PARKING AT
APPROXIMATELY 2701 DAY AVENUE. (B)
CONTINUE TO JULY 14 APPEAL BY OBJECTOR
(MICHAEL J. FREEMAN) FOR REVIEW OF
ZONING BOARD'S APPROVAL OF A CLASS C
SPECIAL PERMIT FOR PROPOSED OFFICE
BUILDING AT APPROXIMATELY 2701 DAY
AVENUE.
61.
(CONTINUED DISCUSSION) APPROVE
R 88-592 225-226
MODIFICATION OF COVENANT FOR A PROPERTY
6/23/88
AT 2100 BRICKELL AVENUE TO PERMIT
CERTAIN HEIGHT FOR BUILDINGS -
VOLUNTARY COVENANT IN CONNECTION WITH
TV ANTENNA (ALFREDO MUNOZ AND ALF-LOREN
INVESTMENTS) (SEE LABELS 55 AND 59).
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4 9
62.
APPROVE APPLICATION FOR $150,000 GRANT
R 88=593
226-221
FROM THE FLORIDA DEPARTMENT OF NATURAL
6/23/88
RESOURCES (EROSION CONTROL PROGRAM
BUDGET) IN CONNECTION WITH THE VIRGINIA
KEY BEACH DEVELOPMENT PROJECT -
AUTHORIZE EXECUTION OF AGREEMENTS.
63.
DEFER PROPOSED FIRST READING ORDINANCE
DISCUSSION
221=229
TO AMEND MIAMI COMPREHENSIVE
6/23/88
NEIGHBORHOOD PLAN - CHANGE LAND USE
DESIGNATION AND PROPOSED ZONING ATLAS
CHANGE AT APPROXIMATELY 51 SW LE JEUNE
ROAD FROM RESIDENTIAL OFFICE TO
COMMERCIAL RESIDENTIAL (MARTA LUZ
GORDON) (SEE LABEL 47)
64.
DISCUSSION AND TEMPORARY DEFERRAL OF
DISCUSSION
229
PROPOSED RESOLUTION TO ACCEPT A
6/23/88
PROPOSAL FROM AT&T FOR THE
LEASE/PURCHASE OF A CITYWIDE TELEPHONE
SYSTEM (See label 67).
65.
EMERGENCY ORDINANCE: AMEND SECT. 1 OF
ORDINANCE
230-231
10347 - ESTABLISH NEW PROJECT "COCONUT
10450
GROVE EXHIBITION CENTER RENOVATION AND
6/23/88
EXPANSION PROJECT" ($7,000,000).
66.
EXECUTE AMENDMENT TO AGREEMENT WITH
R 88-594
232-233
SPILLIS, CANDELA AND PARTNERS, INC. FOR
6/23/88
RENOVATION AND EXPANSION OF COCONUT
GROVE EXHIBITION CENTER.
67.
INSTRUCT CITY ATTORNEY TO INSTITUTE
R 88-595
233-234
LEGAL PROCEEDINGS AGAINST RESPONSIBLE
6/23/88
PARTIES FOR THE DESIGN AND CONSTRUCTION
OF MIAMARINA TO RECOVER CITY'S EXPENSES
IN CONNECTION WITH THE RESTORATION OF
MIAMARINA.
68.
(CONTINUED DISCUSSION) DEFER
DISCUSSION
234-235
CONSIDERATION OF A RESOLUTION TO ACCEPT
6/23/88
A PROPOSAL FROM AT&T FOR THE
LEASE/PURCHASE OF A CITYWIDE TELEPHONE
SYSTEM (SEE LABEL 63).
69.
ACCEPT PLAT: "ALLAPATTAH BAPTIST
R 88-596
235-236
PROPERTY".
6/23/88
70.
BRIEF DISCUSSION OF ACCEPTING PLAT
DISCUSSION
236-237
"NAPOLEON PLACE".
6/23/88
■
miWTES OF REGULAR MEETING OF THE
CITY tOMMIW ON OF MIAMI, FLORIDA
On the 73 day of June, 1088, the City Commission of Miami, Florida, met
at its regular meeting place in the City Hall, 9500 Pan American Drive, Miami,
Florida in regular session.
The meeting was called to order at 0:05 a.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
Commissioner Victor be Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: Commissioner Miller J. Dawkins
ALSO PRESENT:
Cesar Odio, City Manager
Jorge L. Fernandez, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
Proclamation Presented: Naming June 23, 1988 as John E. Gilchrist Day to
honor him for his twelve years of loyal service to City of Miami, upon his
moving to California.
NOTE FOR THE RECORD: COMMISSIONER DAWKINS ENTERED THE MEETING AT
9:07 AM.
2. AUTHORIZE COLLECTIVE BARGAINING AGREEMENT WITH FRATERNAL ORDER OF
POLICE, LODGE NO. 20 (10/i/87 - 9/30/89).
Mayor Suarez: How about if we get the union issue resolved? Mr. Manager, or
Dean, are you ready to report tows? I gather the...
Mr. Plummer: Let me ask a question.
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: Have any of you seen a copy of the contract? The contract?
Mayor Suarez: A copy of the contract? I hesitate to answer, because I
presume it has been on our desks.
Mr. Plummer: Well, I am not going to presume. I'm asking is there been a
copy... I have not seen a copy of the contract. Now, have any of my
colleagues seen it?
Mr. Dawkins: I have not.
Mr. Plummer: You know, before we ever get started, how can you ask me to
ratify a contract that I haven't had the opportunity to read? That makes
absolutely no sense to me, absolutely! And Dean, as far as I am concerned,
don't waste my time. I will not vote on a contract I have not seen, just
pure and simple. Now, Dick, you know, I'm saying this and I'm telling you, I
can't vote on a contract that I don't know the provisions of.
1 June 23, 1988
1b
Mr. Dick Kihhe: Had I khbwh the POP's responsibility was to see that the
Cofenissioh had the contract, you would have gotten one.
Mr. Plummer: No, t,b, it is hot your responsibility.
Mr. Kinne: But J.L., this has been going on for 14 months how,
Mr. Plummer: Dick, I understand what you are saying, OK? But to ask us, as
elected officials to vote on a contract that we have not seen, been able to
read and understand, I think it's ridiculous to ask us to...
Mr. Kinne: What do I tell my troops when I go out to the funeral this
morning?
Mr. Plummer: Excuse me?
Mr. Kinne: What do I tell my troops when I go out to the funeral this
morning, that the Commission is not going to act on the contract?
Mr. Odio: No, Dick, that's not fair. Whoa, please.
Mr. Plummer: Whoa, Dick, what is the funeral got to do with the contract?
Mr. Kinne: Well, my members wanted to know whether this Commission is going
to approve, or not approve, the contract.
Mr. Odio: Please, may I? Look, what happened, Commissioner, the contract was
ratified last week. It went to the Law Department Wednesday, and because of
the time frame, it hasn't been able to get back to you. I understand what you
are saying, and you are right, but because of the time that we had since
ratification by the... we couldn't do anything until it was ratified. That's
why...
Mr. Plummer: Well, all I am saying, I can't speak for my fellow
Commissioners, OK?
Mr. Odio: We would be glad to put on the record every change that has been
made for the...
Mr. Plummer: But, I do feel that since we had our last executive conference,
we set certain parameters as to what you had the latitude to negotiate, OK?
Now, for me to go and to approve a contract that we have not even seen, just
makes no sense. It makes no sense to me at all.
Mr. Dean Mielke: J.L., let me see if...
Mr. Odio: Item 8 in your packet, it shows the changes in the contract, and
this is what? - prior to ratification, a resolution and the agreement,
Commissioner, but I couldn't tell you that this the final agreement until they
ratify it, but its in pack number 8 in your book.
Mr. Plummer: I see it.
Mayor Suarez: OK, what if any modifications have been made, or what other
terms do you want to tell us about, so that the Commission at least in
principle, consider...
Mrs. Kennedy: Right, put in the record anything, any changes that you have,
made.
Mr. Dean Mielke: Mr. Mayor and Madam Commissioner, the contract did go out
with the packet. Hopefully everybody got one. That is the process that
normally would have gone - handled over the last several years. The principle
change is a zero wage increase on the first year, and a four percent wage
increase on the second year. The second primary feature is a quarterly crime
prevention supplement in the amount of approximately $1,300 a year to the
police officers. Specifically with regard to field...
Mr, Plummer: Wait, that is a modification over what is here?
2 June 23, 1988
Mr. Mielke: No, sir, that was in the memorandum that went to the Manager. It
also went to you also which is dated June 9th.
Mr. Plummer: Well, I think what the Mayor asked you to speak to is any
modifications that are different than this item here.
Mr. Mielke: Well, there are no other modifications per se, the contract
specifically dealing with... these are the major points. Now, the other major
point that
Mayor Suarez: What you are saying is that beyond that, Dean, there was only a
question of reducing to writing the essential terms without any modifications
then?
Mr. Odio: If you read the contract that is in the...
Mayor Suarez: And it just a matter of wording, then?
Mr. Odio: If you read the contract in the book, it is the same, there was no
change.
Mr. Mielke: There was no changes from the document you got with your packet,
then what is in this final contract, not a comma.
Mayor Suarez: OK, now, the other question then would be, pursuing the whole
way, all of this came to be, what changes, if any, were made from the
parameters as stated by Commissioner Plummer, that we gave you at the
executive session? And if there were none, then tell us.
Mr. Mielke: I believe the contract is within those parameters, sir.
Mayor Suarez: And if any member of the Commission wants to delve into those
obviously this is the time to do it, and I know the City Attorney wants to
give us at least one concern, express one concern about one of the terms.
Mr. De Yurre: My concern is...
Mayor Suarez: Commissioner.
Mr. De Yurre: ... is the following, and I want to get... we are talking about
a contract here, and what I would like to know is the procedure of the
involvement of the City Attorney's office as far as negotiations of this
contract and the effects of it to us in the City of Miami.
Mayor Suarez: And certainly as to the final terms, he would have to be
involved in those and any explanations that the Commission might want to know,
as to what they mean, that is what he is there for. I don't know what he
typically gets involved in the actual negotiations, I don't remember that...
Mr. De Yurre: Well, I am not talking about actual negotiations, but you guys
are dealing with one point, I think it behooves us that the City Attorney's
office and maybe it is being done, I just want to have an explanation...
Mr. Mielke: If I...
Mr. De Yurre: Hold it. It behooves us to have the knowledge that we have
with the City Attorney's office to see what this particular point, what the
ramifications are going to be legally, to us, and by the same token we are
talking about legally, in dollars and cents, was how it's going to affect us,
and I want to know what their involvement is throughout this process.
Mr. Mielke: Let me try to fill you in, Commissioner. The City Attorney's
staff, for the 13 years approximately, that I have held this position, that
they always had an invitation to come and sit in on all the negotiations. In
the early days they used to for a while, and that was two, three years after I
first came here. Every contract, when it is negotiated, and chapter 447 of
the State Statute specifically spells out how a contract is negotiated. It
says the chief executive officer or his designee should be the chief
negotiator and then it will be submitted to the legislative body for
ratification. The way the process works is when we have finished negotiation,
we take the document and immediately reduce it to writing. We immediately
forward it to the union and a copy to the City Attorney. It goes over to the
3 June 23, 1988
City Attorney, it has always gone to the City Attorney in the 13 years that I
have worked here and the City Attorney goes through that contract and approves
it as to form. If the City Attorney has a question, or they have a problem,
they call us up and we resolve it. If it is a scrivener kind of question, or
if it a semantable question, if it is a change in the contract, we would get
back with the union. We have not had that kind of problem as a rule of thumb.
This contract, when it was finished, the day it came off the typewriter, it
was hand delivered by special messenger to get it to the Attorney's shop on
Wednesday of last week. Traditionally, the City Attorney approves it...
reviews it, approves it, stamps it as to form, it comes back to the agenda
folks, and it goes out with the packet to the Commissioners as it did in this
case. It really followed the same process. Now, with regard to any questions
the City Attorney would have, and obviously, they would say, Hey we got a
question, let's talk about it, and we would resolve it.
Mr. De Yurre: OK, let me ask you this - Mr. City Attorney, based on this
procedure, when did you receive the contract for review?
Mr. Fernandez: I have not been with the City for 13 years, so I cannot vouch
for the veracity of what Mr. Mielke is saying; however I can attest to the
fact that this contract was received for the first time, in any manner, shape,
or form, it was first seen by anyone in my staff, last week, Wednesday, late..
Review of it commenced immediately. By Monday morning, we already had
analyzed it, and we saw that there have been negotiations and that the
contract contained a provision which had not been there before, which
substantially and materially affect the City's legal position in many of its
cases, as well as in the future, not to mention a serious fiscal impact.
Immediately, we proceeded to contact and communicate with Administration those
concerns, as well as with each of you, to bring to your attention the fact
that the presumptions given to firefighters in Florida Statute 112.18, have
also now been extended in this contract to police officers. While the City
Attorney's office has no position as to a policy statement, which originates
with the Manager, and is ultimately approved by this Commission, I feel that
it is my duty as your attorney to advise you that this heart bill, the
presumption that's built into it now being afforded to the Police Department,
to police officers that is, would seriously and materially affect some of our
legal rights as well as have serious fiscal impact, and that is the only
position that the City Attorney has, and we welcome the opportunity, now that
we know that the Administration, as well as Labor Relations are very open to
that wise council and advice of the City Attorney, to get ourselves involved
in whatever capacity they deemed necessary for the City Attorney's office to
give them our counsel.
Mr. De Yurre: OK, let me state one...
Mr. Odio: Commissioner, may I clarify something. You understand that Jorge
Fernandez has only been our Attorney for a short time. I can assure you that
Lucia Dougherty knew exactly what the heart article means, or the presumption
of, because she was in the meeting, and she was in the executive session when
this was brought up. This is nothing that has come up, fell off the sky by
parachute. It was brought up in the executive session and no objections were
made by the Commission, and it was brought up throughout the whole negotiation
period and the Attorney was there and so was Paul Hurtgen, the attorney that
we hired, that the City Attorney hired, to work with us in labor matters,
which is Hurtgen, so this is not something that had just fallen into the
contract just recently.
Mr. De Yurre: Now I understand. Let me ask you this, Cesar. Is the
procedure then, based on what Mr. Mielke was mentioning, that there is an open
door policy, with the City Attorney's office, to sit in, not get involved in,
but sit in,, and listen to negotiations?
Mr. Odio: I believe, that this, the Administration, is the most important
client that the City Attorney has.
Mr. Fernandez: That's right!
Mr. Odio: And we do have a client -attorney relationship that has to be
maintained intact, and also we do have a labor lawyer that has been assigned
by the City Attorney prior to Mr. Fernandez, that is... his name is what,
Hurtgens?
4 June 23, 1988
Mr. Mielke: Peter Hurtgens.
Mr. Odio: Peter Hurtgens, and he is involved heavily, in the neg6tiati6ns, in
every single phase of the negotiations.
Mr. Fernandez: But, to the extent that Mr. Hurtgens nor Ms. Dougherty are
here this morning to advise you all as to what I consider to be a serious
legal issue, it is my duty to do to, especially in light, Mr. Commissioner,
what the memo that's attached to your agenda packet number 8, which is the FOP
contract, does not address that issue.
Mr. De Yurre: I want to get to that right now. Mr. Mielke, I'm looking at
this memo from you to Mr. Odio, and it talks about...
Mr. Plummer: Which memo are you referring to?
Mr. De Yurre: The June 9th memo contract settlement with FOP Lodge 20.
Mr. Plummer: OK, all right, all right. It's in the book, it's about the
second page.
Mr. De Yurre: ..."A summary of the more significant changes and their
estimated cost impact is displayed below."
Mr. Mielke: That's the June 9th memo, yes.
Mr. De Yurre: OK, you are aware of what I am talking about.
Mr. Mielke: I wrote it.
Mr. De Yurre: OK.
Mr. Odio: We did not mention the heart article, and it...
Mr. De Yurre: Well, that's where I want to get to.
Mr. Odio: We did not.
Mr. De Yurre: Why was that not mentioned, or was that... you don't consider
that an impact issue in this negotiation?
Mr. Mielke: I had a difficulty trying to put a cost estimate, because I
couldn't really figure out how many people were going to have a heart attack
in the foreseeable future. I tried to estimate that and the best I could come
up with, frankly, was going back and looking for the last, since about 1980,
and we had approximately 3.2 people a year wind up going out on duty
disability, and I couldn't really figure out how I could...
Mayor Suarez: You know, Dean, when you have a difficult time estimating costs
of an item, that is precisely the situation where we need to know about it.
Mr. De Yurre: Let me tell you for your information, in case you haven't
reviewed it, and let me preface this by saying that I feel that if anybody
deserves this heart bill situation, it would be the police officer. I think
they are under more stress, and there may be arguments here from the other
side, but there's more stress than the firemen, that's my personal view, maybe
right, maybe wrong, but aside from that policy issue, what I take exception to
is, that I can get information, just to have an idea what we are dealing with,
with what we are paying the firemen, and for this fiscal year, in October we
paid $12,000; in November, $7,000; December, $22,000; January, $74,000;
February, $15,000; March, $25,000; April, $156,000; and...
Mr. Odio: You are correct, Commissioner, and let me point out that this is a
question of whether to pay now or later. Let me tell you...
Mr. De Yurre: Yes, but Cesar, let me... I'm talking about his memo. I want
to know if he doesn't feel that these guys are important or not.
Mr. Odio: We are admitting that we omitted that issue, not because you didn't
know about it, or we didn't want to point it out, it is just because any
figures that we put there would have been misleading, because the fact is,
Commissioner, and let me point this out, so that you know because we
5 June 23, 1988
negotiated with this union, and they will tell you that, on the record, that
for a year and one=half, we stood firm on many issues, and this one is one of
them, because we couldn't get handle on it, but after, I was convinced,
convinced, that either you pay them now, or later, because the fact is that if
you don't pay them through this issue, you pay them through the pension plan,
or the group health plan. We never... the City always pays, one way or the
other, and I can prove that.
Mrs. Kennedy: Well, doesn't the Gates case give them that right?
Mr. Odio: Exactly right, that's it, and also...
Mr. Fernandez: No, it doesn't.
Mrs. Kennedy: It doesn't?
Mr. Fernandez: Sorry.
Mr. Odio: The Gates case...
Mr. Plummer: Wait, wait a minute. That's not a simple answer now.
Mr. Odio: Read it.
Mr. Plummer: "No it doesn't," is not a simple answer, not for me. Excuse me,
I'll address that when you are finished, but that is not...
Mr. Odio: We can put on the record what the Gates case says and the ordinance
on it, but what he City Attorney is referring to, as we spoke this morning, is
that in addition to that, you open the door for Workmens' Compensation, but if
they don't get Workmens' Compensation, because we can prove that they didn't
have a heart attack on the job, they will go to our health group insurance and
we'll pay 81 percent of it, so one way or the other, Commissioners, and Mr.
Mayor, you always pay.
Mr. Plummer: That's not the real answer that I think that's being addressed.
Mr. Odio: Well, maybe... I'm not a lawyer.
Mr. Plummer: No, Cesar, you know, and I know, that the real problem is not
only Workmens' Comp., but as we know the problems that exist and the
disabilities that are presently there under two-thirds for the rest of their
life, that is a major concern. This City...
Mr. Odio: Then they go on early retirement, and the Pension Board pays two-
thirds and we pay the pension plan, and we pay for that too.
Mr. Plummer: I think it has to be put on the record that on disability
presently, this City is paying out over $1,000,000 a year, $1,000,000 a year,
just in that one facet of disability two-thirds.
Mr. Odio: Commissioner, I'm trying to point out, because the one thing I have
to point out, Commissioner De Yurre, is that the economic impact of this
issue, the trust health plan that they have, that the FOP has, and they are
transferring to us, has paid out $80,000 on this issue, and they can say
that's right. We did a lot of research. This, for me, looking at budgets and
finances, this was the least of the impacts that I felt we could give out to
the union, assuming that they really needed it bad, it is a message to the
troops that we are recognizing the stressful work that they have, and that
they are getting parity finally with the firefighters, who have had this by
State mandate, State law, for years and years.
Mr. De Yurre: I've got no problem with that, like I said before, you know how
I feel about that, that heart bill. My concern is the fact that it was not
deemed important. I just rattled off seven months worth, and we had $300,000,
and we have half the force that the Police Department has, and I am sure that
their stress is a lot more than the Fire Department's stress, which may amount
to, you know, a good at least, you know, a good $1,000,000 a year.
Mr. Kinne: Commissioner De Yurre...
6 June 23, 1988
Mr. Odio: Yes, but we have an issue, for instance, that we have an officer
that is waiting for a donor heart.
Mr. Kinne: He got it. He got it Monday.
Mr. Odio: He did? I'm glad to hear that. We paid for that, whether you had
this article or not. The insurance is going to pay for it, and we pay for
that, so the economic impact is not as great as any other items that we could
have brought to the Commission for negotiations in salaries and other
benefits.
Mr. De Yurre: OK, let me ask this...
Mr. Plummer: Well, but that is not exactly true. Cesar, excuse me, where
that doesn't hold true, there is a benefit that is prevailing, and it is a
plus benefit for the Fire Department, the provisions of going out on that
disability of the two-thirds, for the rest of their life, is a lot different,
than yes, in fact, if there is a heart attack situation, and we do have to pay
them all their medical bills, no question about that, but the two-thirds is
where the real cheese gets binding.
Mr. Odio: But the police have that right now, without this.
Mr. Plummer: But not the same with. the same emphasis that is on the same
hypertension bill with the Fire Department. Now, as I said the other day, and
I'll say again, that you have to be fair and equal to both sides, and'that was
my argument against Jose's - his call on this matter. You know, if you have
it with the Fire, then it is only right that the same provisions would prevail
in the Police Department, but don't tell me that it doesn't make a difference
in the cost factor.
Mr. Fernandez: Mr. Plummer...
Mr. Odio: May I put this on the record, this is the Miami Code, and it reads:
"Any member who is not eligible for a service retirement
allowance, and who becomes totally and permanently incapacitated
for duty as a result of a condition or impairment of health caused
by tuberculosis, hypertension, or heart disease, which condition
is not shown to be the result of any accident or condition of
employment, so as to qualify under paragraph a of the subsection
which shall be presumed to have been incurred in the line of duty,
unless a physical examination upon entering service reveal that
such condition existed at that time, may be retired by the Board,
provided that the physician employed by the Board, has proved...
so and so"
So they have the same rights.
Mr. Plummer: The real problem that exists, you made one word right there that
has not been followed: totally disabled.
Mr. Kinne: It sure has.
Mr. Plummer: I would say to you that if you read the record, that 80 percent
of the people who are out on disability are gainfully employed in other areas.
The last time I checked, 14 of our police officers who could not work as
police officers, out on total disability, were customs agents, OK? Now, you
know, that's where this thing gets binding. The problem is, if you call them
back, and put them back to work, you are into a worse situation when they
would then possibly go out again on, at a higher rate, but when the wording
comes in here, totally disabled, that means to me, they can't work at another
job. That is...
Mr. Kinne: No, it is totally disabled as a police officer, J.L.
Mr. Plummer: Well, you see, that is where the cheese gets binding. That's
where the cheese, and it becomes an issue where you have these people, who
supposedly can't do police work, but are doing a law enforcement agency job,
with another agency, and they are receiving double compensation.
Mr. Fernandez: You know, now the focus of the... I'm sorry, Commissioner
Plummer... the focus of the discussion has now shifted to pension, and the
7 June 23, 1988
City Attorney is not the attorney for either of the pension boards, and there
is no one here from Pensiohs to speak or address that issue. It is my
opinion, as i have expressed to each of you when i have spoken to you, that...
and i want to make the record on this, that the City Attorney's office has no
particular position or opinion, in regards to these benefits being given to
the police officers. The only thing that the City Attorney has called to the
attention of the Administration and this City Commission, is the fact that
there are serious legal rights that are implicated, that have been bargained
away, that has serious fiscal considerations, and that is the extent of my
communications with each of the members of this Commission, as well as with a
member of Administration.
Mr. De Yurre: Let me mention something. You know, for something that has
been going back and forth and has been an issue in negotiations, all of a
sudden (TAPE 2) the City isn't giving anything, and the police isn't receiving
anything, you know, there has to be a gain or a loss somewhere, if it is
something that was negotiated, and the police have been wanting to have it.
It has to represent some dollars.
Mr. Odio: I agree.
Mr. Plummer: Where did this document come from?
Mr. Fernandez: That came from my office, sir, and that was some late last
night tabulation, accessing the data base that my department keeps on all
worker's compensation cases. I have not passed out copies. I've just shared
with you a copy that I've made there, but simply, this is a projection that we
on the Fire Department.
Mr. Kinne: Mr. Mayor.
Mayor Suarez: Dick.
Mr. Kinne: You know, we have had the trust fund for the last three years, and
we have never spent over $80,000, $85,000, in any one calendar year for any
heart or heart related diseases in our trust fund. Apparently, the
firefighters have had a bigger problem, but I don't see how you are comparing
us to firefighters.
Mr. De Yurre: Well, can we put a cap on it then? You know, if we are talking
about $80,000, $85,000?
Mr. Kinne: I don't know if you can put a cap on it, because how do you know
when a police officer is going to have a heart attack?
Mr. De Yurre: Well, just it, you know, if there is a tradition, historically,
you are talking about $80,000, $85,000, you are making that point now.
Mr. Kinne: I'm just saying in the three years that we have had the trust
fund, we've never spent any more than that in any calendar year. You are
bringing out figures that the firefighters have done, and you are trying to
compare apples and oranges.
Mr. De Yurre: No, I am just saying that there is significant figures, and
since they are telling me they can't figure it out, I am just throwing out
these figures so that we can analyze with some respect what we are dealing
with.
Mr. Fernandez: The figures that I have given are the figures that are from
Workers Compensation, not from the Trust, and they are not applicable to the
police officers, because the position of the City in relation to police
officers, with a heart condition, hypertension, is to usually deny the claim
when the claim is made...
Mr. Kinne: That's right. That's why my trust fund has got the figures.
Mr. Fernandez: Well, you see, but the point here is not to argue, the point
here is simply bring it to your attention, Commissioners.
Mayor Suarez: OK, two things on that then, Mr. City Attorney - one is that in
any event, we will back at the negotiating table within a year, so we are
basically talking about a one year test of this.
8 June 23, 1988
It don't vbrk that way, Mr. Maybt:
Mayor Suarez: Well, I wart to give theta a caveat for myself, and for ray vote,
that does work that way, Commissioner.
Mr. Plummer: No, it is that thing called, hold hfiMless. You kh6W, favor the
nation, all of that.
Mayor Suarez: You are talking about parity and it doesn't necessary apply.
I am not speaking to parity.
Mayor Suarez: Well, what are you speaking about?
Mr. Plummer: I'm speaking to the fact when they get a thing into a contract,
very, very seldom is it ever removed. We go from that point forward. What did
you give up, Kinne?
Mayor Suarez: I don't know where you get that from, but that may very well
change. Commissioner, let me just finish my two points.
Mayor Suarez: That may very well change next year. I know that, and I agree
with your point, that once you get something in a contract, a lot of times it
is difficult to step back from it in later years without sounding like you are
a heel, or someone that doesn't want to give the kinds of benefits that unions
typically want. I understand that, but you know, that is just an important
point to note, that within a year we will back at the same juncture here in
having to decide whether we can continue on this basis, so we have a built in
one year testing period, that's all I am trying to say, and I know it is
difficult to later revoke such benefits, but we will have that absolute right
to do so, and I want to clarify that. The second point I want to make, or
actually a question, Dean, is how much of the exposure created by this is
covered by insurance? Can you quantify that?
Yes, I think...
Mayor Suarez: I mean, I want to affect the City's fiscal standing in any way.
Mr. Mielke: Let me give you a simple example, maybe, and assume I am a police
officer and I'm chasing some guy down the street who is carrying a TV, and I
fall over with a heart attack.
Mayor Suarez: That is what everybody is concerned about. That's the scenario.
Mr. Mielke: I fall over with a heart attack and I go out on two-thirds, and I
think it...
Mayor Suarez: We are not concerned if you fall over with a heart attack, but
somebody else in the Police Department.
Mr. Mielke:
Commissioner?
You couldn't even lift a TV.
or pay me later!
Mr. Mielke: This City has had, in your pension ordinances, since
approximately 1970 - 1970, almost IS years, a presumption for police and fire
with regard to heart, lung and hypertension. That is what the Manager read
from. Now, using my hypothetical example, when an officer is chasing somebody
who is running with a TV and he falls over with a heart attack, the question
then becomes, was the heart attack in fact, a problem with the job?
Mayor Suarez: Job related.
Mr. Mielke: .lob related. It it is, then he goes Workers Comp. Now,
whichever he goes, whether he goes accidental, in other words, the same
example, he is at a cocktail party on Sunday with his friends, falls over with
A heart attack, the disability factor and the pension is the same, totally the
Berne. It is two-thirds of his last final highest salary, and that is simple
English and anybody can read that.
Mayor Suarez: OK, there is a standard change, whether it is job related, or
non -job related?
Mr. Mielke: What changes in this case, very frankly, is under the current
situation, if he's chasing that individual with the TV and he has a heart
attack, he has to prove... the burden of proof, in effect, lies on him to show
that the heart attack was caused by the job. In this situation, it is
presumed to have been caused by the job, and then the burden lies on the City
Attorney's shop to show that it wasn't. That is, perhaps, a simplistic
answer, but now, but carry it one step further, let's assume in this case,
that it is shown it is not the job didn't do it, what happens then, he looks
to his health insurance, and his health insurance is going to pay to maintain
his health.
Mayor Suarez: Now, is the pool of monies from which you compensate in one
case different from the pool of monies from which you compensate in the other
case?
Mr. Mielke: Yes, and...
Mayor Suarez: One creates a fiscal...
Mr. Mielke: Workers Comp., you have statutory rules and regulations as to how
much we are going to pay, and what benefits he is entitled to and so on.
Mayor Suarez: But both are covered by insurance? In no event do we ever have
to pay in a self-insurance mode, in either one of those two?
Mr. Mielke: One is going to come out of self insurance fund, and one is going
to come out of the insurance fund.
Mayor Suarez: Oh, that's what I wanted to know. That's why I asked about the
different pools. What you are saying is, in a job related situation, it would
be a self insured situation, but not in his regular disability insurance.
Mr. Fernandez: Well, we're self insured for everything in the City, Mr.
Mayor. The differences, really, you are talking... you are mixing apples and
oranges. The pension...
Mayor Suarez: That is what I want to know, which are the two pools, from
which the money is drawn, and the two risk funds.
Mr. Fernandez: Let me put it succinctly for you, Mr. Mayor. What we are
looking at, by giving the police officers, as we have given the firefighters
years back because of the statutory mandate of Florida.
Mr. Plummer: We didn't give it to them, the State...
Mr. Fernandez: The State gave it to them, and we incorporated it...
Mayor Suarez: My question is a lot simpler than the answer you are giving me.
I want to know, in the case of a job -related disability from heart disease, or
over stress, or whatever, what pool the money comes from, and how does that
affect our risk standing, and in the situation where as you described in that
scenario, it happens at a cocktail party, and you reach the same conclusion
that the person is disabled, what pool does that come from?
Mr. Fernandez: OK, that would only come from pension. Right now it would
come from pension.
Mayor Suarez: Which one? I am asking you two scenarios. Which one are you
talking about?
Mr. Fernandez: Not Workers Comp.
10 June 23, 1988
-0 r
Mr. Pluttmer: Workti►ehs Comp. Cones from the City's pool.
Mr. Fernandez: The City's pool:
Mr. Plummer: The pension cones from indirectly the City's pool.
Mr. Fernandez: That's right.
Mr. Plummer: But you have to write a blank check on the pension, to you know,
that's where the situation comes, pay me now, or pay me later.
Mayor Suarez: But the risk there is borne by a pension fund that has been set
up from a variety of sources and that presumably isn't very strong actuarial
standing at this point.
Mr. Fernandez: Not only that, they also get a setoff provision, and the City
pays first. Workers Compensation is first dollars, and then the pension takes
an offset for what has been paid in Workers Compensation and to, that is the
way it is, I'm saying. But to the extent that perhaps this Commission is not
fully informed, and how it works, you should.
Mayor Suarez: OK, it sounds to me like it is...
Mr. Plummer: I think Victor's point is the point that is up in the air at
this, right now for me, OK? In negotiations, it is a give and take procedure.
Now, how can you tell me what has been given in this bill, and what did they
give up for it?
Mr. Odio: I'll tell you what they gave. We were so caught up in it
retroactive...
Mr. Dawkins: (OFF MIKE) Don't tell me, give me something in writing. Don't
tell me nothing.
Mr. Odio: Yes, sir. Well, let me... I'm asked a question now. We gave up
retroactivity. We were caught up in retroactivity to October 1st on this
year's contract. We negotiated that out, so that we would not have to go to
retroactive to October 1st, am I correct in that?
Mr. Kinne: That's correct.
Mr. Dawkins: And you guys signed a one year contract?
Mr. Plummer: OK, I want to get into another area by the way, after this is
over, and that is in the health insurance. Go ahead now.
Mr. Kinne: We also gave up more money in the Health Trust Fund too. We also
gave up an increase in the monthly contribution by the City in the Health
Trust Fund.
Mr. Odio: Excuse, Dick, but we were negotiating the monies that we have to
contribute to the Health Insurance. We are in a serious situation in the
firefighter's case, where we are talking about more than $700,000 per year
that we would have to...
Mr. Plummer: Yes, and that is the area I want to get into because of the
situation in which we, the Commission, I think it was either two or three
years ago, gave a blanket amount of money for them to administer their own
health fund.
Mr. Odio: And they are broke.
Mr. Plummer: No, they are worse than broke, because there are now City
employees who are coming back, I think it is in Fire, I am not...
Mr. Odio: Firefighters.
Mr. Plummer: OK, there are cases now in which City employees are coming back
and saying, "Hey City, you have an obligation," and the City is, I assume,
taking the position, "Speak to your union, who they were given the money, and
said that they would in fact, take care of the situation."
11 June 23, 1988
1b 0
Mr. Odio: We are in negotiations right now, because...
Mr. Plummer: But, 1 am asking... OK.
Mr. Odio: ... and we have the...
Mr. Plummer: Let's don't get off the other subject until they are ready, but
I want to go into that subject.
Mr. Odio: They, at one point, said we want the same monies that you are
putting into the Health Insurance plan of all the other unions, we want the
same monies, and we negotiated it out to $150,000 per year, because their
health insurance is in very good shape and they agreed to give that in, so
under any other years of contract negotiation, they would have received the
same amount of money that the firefighters received for health insurance,
which is a difference of about, I believe $550,000 per year.
Mayor Suarez: Let me complete a point that was initially started by
Commissioner Dawkins, and just to clarify, and particularly for the record.
We are talking basically about a two year agreement, some of the elements of
which are not retroactive, but the way you made it sound, it sounded like in
effect, and that is why Commissioner Dawkins, I think, said in effect you are
almost agreeing to a one year contract, because by the time we are signing it,
we are about a year away, and when you make it sound like the terms are not
retroactive, then it sounds like we are agreeing for the next twelve months.
Mr. Odio: May I clarify that?
Mayor Suarez: Am not stating it correctly when I say that this is a two year
contract, whose application is retroactive to the beginning of this fiscal
year, and will go on to the end of the next fiscal year, some of the terms of
which are not retroactive because that has been negotiated. It is very
simple.
Mr. Kinne: Right, that is correct.
Mr. Odio: I agree, yes, Mr. Mayor.
Mayor Suarez: All right, well, Commissioner Dawkins made a good point. In
effect, we are almost in a one year contract situation, but it is a two year
contract going back a year.
Mr. Odio: We would love to have a three year.
Mayor Suarez: Now, Commissioner De Yurre also made an interesting point that
I think we ought to follow up on, and I think the entire Commission agrees
with, and that is on the involvement of the City Attorney's office, and I
don't think there is any legal requirement that I have seen anywhere, for an
outside counsel, and this is not in any way detrimental to Peter Hurtgen, but
any means, to be necessarily the City's leading legal expert on labor
negotiations. I just want to clarify that, to the extent that we can do that
in-house as much as possible, that makes a lot of sense, from cost
effectiveness, particularly...
Mr. Odio: We have no problem with that.
Mayor Suarez: ... particularly if the people in the question have certain
backgrounds, as this City Attorney has in risk management, we want to involve
him in that, so let's try to use in-house, I mean, there are many of us up
here that have been screaming and hollering about that for many, many years,
and I think now the Commission is on all five cylinders on that issue, so...
Mr. Odio: You are right, but I just wanted... I mentioned Hurtgens because he
was an attorney assigned by the City Attorney's office. I don't hire
attorneys.
Mr. Dawkins: How much was he paid last year?
Mrs. Kennedy: How much... yes, how much did we pay him?
Mr. Mielke: It runs about... it depends.
12 June 23, 1988
Mr. Dawkins: ghat was the total amount Of money that Peter Hurtgens earned
last year dbing labor work for the City of Miami, period?
Mr. Mielke: I'd have to get you a total, Commissioner, probably take me a
half hour.
Mr. Plummer: And whose budget does it come out of?
Mr. Dawkins: Beg pardon?
Mr. Mielke: I'd have to get you a total on that, I don't have it off the top
of my head.
Mayor Suarez: And then get the second answer too. The one that Plummer is
asking, about whose budget it comes out of. Whose budget does it come out of?
Mr. Fernandez: It doesn't come out of the City Attorney's office budget.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, you see the point, and you see the way the Commission
feels and that's why we would like to limit that particularly, as we have the
expertise developed in-house.
Mr. Fernandez: You know, for your consideration also, Mr. Mayor, you brought
up a very good point. The retroactive nature of this contract, as it relates
to the heart bill, you understand what an ex post facto issue like this would
bring. That means that we would have to... if in fact, it is truly
retroactive as to all of its benefits, we will have to look back to the
beginning of the contract and...
Mayor Suarez: Yes, well, I wouldn't worry too much about that, in view of the
fact that we have a claims history already on anything like that, and it just
a matter of digging it up. I mean, let's not get too cautious here.
Mr. Fernandez: Another issue.
Mr. De Yurre: Well, Mr. Mayor, so we can move on on this, I have, you know,
basically the following answers I need so that I can vote for this at this
point in time, and one is, addressing it to the City Attorney...
Mr. Fernandez: Yes, sir.
Mr. De Yurre: Are you comfortable with the contract? Do you feel that this
Commission has been made aware, here today, of the issues that are important
to us in making a decision on this contract? Because if you are not...
Mr. Fernandez: Yes, sir.
Mr. De Yurre: Are you or aren't you?
Mr. Fernandez: Yes, sir.
Mr. De Yurre: OK, you don't think there is anything else that we need to
know?
Mr. Fernandez: No, sir.
Mr. De Yurre: OK,
Mr. Plummer: All right, I want to get into the health insurance and it maybe
doesn't... and I am not speaking directly to the police, but over all. We do
not know if you are talking about... what are we giving now to the Police
Department? Let's use that, since it is before us. What are they receiving
in a lump sum from the City for health insurance?
Mr. Mielke: $150,000, twice.
Mr. Plummer: More. How much total.
Mr. Mielke: $300,000.
13 June 23, 1988
4 0
Mr. Pluffner: Now much total?
Mr. Mielke: We are putting in additional...
Mr. Plummer: Not in this contract. What did they receive, total? What is
the lump rum that we give to the police, to handle their own health insurance?
Mr. Mielke: Well, I can tell you what we paid per head, but I would have to
go back to get the...
Mr. Plummer: Tell me that, I can... because you can pretty well figure it.
Mr. Mielke: Well, it is in your contract.
Mr. Plummer: How much is it per person?
Mr. Mielke: Let me just dig it out.
Mr. Plummer: Somewhat multiply it by 1,100.
Mr. Dawkins: Five thousand, just for a round figure.
Mr. Kinne: Page 27, Dean.
Mr. Mielke: Commissioner, we contribute $41.82 for a single individual, no
extended coverage, biweekly.
Mr. Plummer: That's $82 a month.
Mr. Mielke: And we contribute $50.02 for dependent coverage.
Mr. Plummer: So that is $100.
Mr. Mielke: Biweekly also.
Mr. Plummer: Now, is that based on this contract, or what you were paying?
Mr. Kinne (OFF MIKE): Were, were.
Mr. Mielke: As a matter of fact, that didn't go up at all. We held them on
that.
Mr. Plummer: Well, you obviously didn't hold them, if you are putting
$150,000 more.
Mr. Odio: No, that is...
Mr. Mielke: Well, let's be pragmatic about that.
Mr. Plummer: I am asking the question.
Mr. Mielke: Well, I want to answer the question.
Mr. Plummer: Are these numbers based on last year or this year? You tell me
there is no difference, but yet I read that there is $300,000 more going into
it.
Mr. Mielke: Let me try to answer your question this way.
Mr. Plummer: Please do.
Mr. Mielke: The police officer's health trust is, one of the things we did,
we went out and audited all of them, so we weren't taking their word as to
what might be in it. We went out an audited all the health trusts. Number
two is, the police officers have done an exceptionally fine job. They did some
of the things we did two and one-half years ago, they put in pre utilization
review, they put in all the cost containment things, and they have been able
to hold their costs down.
Mr. Kinne: Increased the employee's contribution.
14 June 23, 1988
0 0
Mr. Mielke: They increased what the people themselves kicked in. Nov, in
doing that, they said to us, *Look, we took all the nasty stances, we told our
people you got to put more money in. We will back off in asking you for
increase in premium, but we would take it as a lump sum." A lump sum to us,
are out of pocket costs, it is not an escalating figure. In other words, it
is a one time pop of $300,000. Looking at their books, and looking at their
reserves, it seemed to us, to hold them for another two years, roughly until
September of 189, was worth the $300,000. For three reasons, one was it would
give them some incentive to keep the screw down tight enough, spend as much
money as possible, and number two is we didn't increase our contribution rate,
because that is like wages, that's with you forever, ever and ever. A one
time pop, our rate didn't go up a dime. I will tell you what, we won't get
another solitary union in this City that says don't raise my rates.
Mr. Plummer: Now the question remains, what obligation does the City have.
Obviously, the police are doing well in their group insurance, and the fire
are not.
Mr. Odio: This is a good question. We are now meeting with the Law
Department, Commissioner, in finding out what responsibilities we have. We
don't know at this time.
Mr. Plummer: We don't know at this time?
Mr. Odio: Well, sir, because they are broke.
Mr. Mielke: Let me try to answer that, Mr. Manager. They came to us
approximately three weeks or so ago...
Mr. Plummer: They, the fire?
Mr. Mielke: They, the firefighters.
Mr. Plummer: OK.
Mr. Mielke: They said, "We are broke," and...
Mr. Plummer: Tell me how bad are they broke?
Mr. Mielke: Let's put it this way. If it were my checking account, I'd have
closed the book. Their ability to pay is probably $500,000 to $700,000
shortfall. Now...
Mr. Plummer: That's presently?
Mr. Mielke: Presently. Now, they came to us and very straight forward said,
"Look, we got this major problem. We need to solve it." We immediately did
three things. First of all, we said to them, we have got a serious problem
here, we want to see all the books, we want to see all the records, we want to
see all the payments, we want to see the minutes, we want to see every last
solitary document you got. They have a third party administrator. We sent
somebody out there, within 48 hours to camp out there and start gathering
records, we did that. One of the reasons we did that was we want to know the
total scope of the problem. Was there really a problem? If so, what's the
solution and what is the potential cost? In fact we spent the last two weeks
working on that, sifting through that. We even put a person who did nothing
but punch numbers into a computer for two days to try to get a cost analysis.
If we brought those people back into the plan, what is the impact on the
City's plan? What is the impact on rate? And those just don't come off your
head. We then sat down with the City Attorney and said, Mr. City Attorney, we
see a major problem here. There's questions of liability, there's questions
of policy, and we went all through it with the City Attorney, and the City
Attorney, I think, gave us some good advice, and we intend to use that advice.
Our next step is, very frankly, to come to the City Manager, and we met almost
all day Friday on this, the bulk of the day on Monday with it, and we are
going to come to the Manager, ideally, tomorrow, with what we think are three
things: one, the scope of the problem, maybe the reasons for the problem, what
the potential cost of the problem, and hopefully, some solutions, how we might
solve it, and if we do solve it that way, what is the cost of it, and then
once the Manager says yes or no, presumably, we say to the Commission, by the
way, here is a major problem, here is what we see, here is what the
alternatives are, what are your blessings?
15 June 23, 1988
Mr. bawkins: Now much longer are we going through this?
Mr. Plummer: Well, you know, that is well and good, but the problem still
remains is that when this Commission gave a blanket amount of money, we gave
up control, OK? We gave up control to the extent that we did not control
benefits, OK? and that is maybe where the problem is.
Mr. Mielke: But, I disagree with you, Commissioner.
Mr. Plummer: I still... my question is...
Mr. Mielke: I will tell you why in a minute.
Mr. Plummer: The question still remains, I am assuming that the Police
Department, from the way you are speaking, has a surplus in their fund.
Mr. Mielke: Yes, sir.
Mr. Plummer: OK, and that is great.
Mr. Mielke: By surplus they have higher reserve.
Mr. Plummer: I understand that. They are not in trouble.
Mr. Mielke: That is correct.
Mr. Plummer: OK, the question that I am raising is, let's assume that in the
Fire Department, that this situation of $700,000 that you are talking about,
in problems, what obligation does this City now have, if any, of those people
who are out there who are not receiving the monies? Are they going to just go
against their union, or are they going to come against the City?
Mr. Mielke: Being of sound mind and body, that is exactly the question I
asked my attorney over there.
Mr. Plummer: And what was your attorney's answer?
Mr. Mielke: My attorney said that the liability did not lie with us.
Mr. Plummer: Was not with the City?
Mr. Mielke: No.
Mr. Plummer: In other words, when they assumed, by taking that lump sum, they
assumed all obligations.
Mr. Kinne (OFF MIKE): What lump sum?
Mr. Mielke: That is correct, but I want to clarify something, because I think
it is important. When you said we in effect gave them a blank check, what we
agreed to give them was an agreed upon sum, it wasn't a blank, it was an
agreed upon sum, contract said in essence is that they had to run a
plan similar and comparable to the current City plan, meaning, you couldn't
just slash all the benefits and put the money in your pocket, or on a
conversely...
Mr. Plummer: That was not the fear at the time, it was the other way around.
Mr. Mielke: You're right, you're right and obviously that was not the fear at
the time, but the other way around, we didn't want to see a humongus great
plan and then say, "Oh, by the way, we need a little extra money to pay for
it, because we got this great program." That was the reason for that
language. I think there is another consideration here, if you recall, when
the unions elected to go into the health trust, we said, if you do that, you
got to take everybody, and the reason you got to take everybody is, if I got
all the young ones, and you have the older, more mature ones, whose incidence
of sick leave, it cost...
Mr. Plummer: That's always been the argument.
16 June 23, 1988
Mr. Mielke: What's the argument, so, all of these unions stood up and to a
person said, we'll take them all, and I will say one thing, they stood up, and
they did exactly what they agreed to do in the contract. They didn't try to
shuck the retirees back to us. Now, part of the problem, and 1 didn't come to
really argue the firefighter's case, but part of the problem, realistic, and
the firefighter's problem is that they have approximately 640 firefighters and
the Police Department has about 1,000 roughly, cops. You have about 500 each
retirees, 500 police, 500 fire, but you have more fire retirees who elected to
stay in the City's insurance, so they all went to the firefighters, but what
I'm saying is, you've got a basic imbalance, where you have got about a two to
one base over there, it is almost a one to one, so there is, you know, a rough
row to hoe.
Mr. Plummer: Dean, doesn't that have a direct relation into Commissioner De
Yurre's question? if you in fact are seeing that kind of an experience,
doesn't that have a tremendous financial impact. We are looking here, as I
read this memo that you wrote, that this contract in 187-188, equates itself
to $1,600,000.
Mr. Mielke: That's our best estimate. That's our best estimate.
Mr. Plummer: OK, and in 188-189, equates itself to basically, $4,500,000.
Mr. Mielke: That is correct.
Mr. Plummer: But that does not include this other feature.
Mr. Mielke: You talking about the firefighters?
Mr. Plummer: I am talking about this contract, the police.
Mr. Mielke: It is not a factor in the cost, therefore that, for that, and the
reason, I'll tell you why.
Mr. Plummer: Well, excuse me. Now, you know, this is a hell of a way to do
business.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: I didn't say it was yours. I said it is a hell of a way to do
business when you are talking millions of dollars! If I used this figure
right here that I see, and that is a six month history... two, four, seven
month history... you are looking at cost factors in excess of $300,000 for
six months. What you are looking at in an overall year of $600,000, or a
third of what this contract calls for, and for you not...
Mr. Kinne: You are looking at firefighters figures and applying it to the
Police Department's contract.
Mr. Plummer: No, Kinne, I am not talking about the Fire Department now. What
I am talking, let me...
Mr. Fernandez: Those figures are from the Fire Department, Commissioner
Plummer.
Mr. Plummer: OK.
Mr. Fernandez: But it is a projection.
Mr. Plummer: OK, I stand corrected.
Mr. Fernandez: The Fire Department is half as small as police.
Mr. Plummer: OK, but wait a minute. The point I am trying to make that you
are missing, is if this is based on the firefighter's situation, it does have,
because of the hypertension bill, a direct bearing on what we are saying here,
OK? And for you not to have some kind of an estimate, in this budget, or
excuse me, in this contract, it is a budget contract, I think is where
Commissioner De Yurre is absolutely correct. That thing could conceivably...
conceivably be $1,000,000,
17 June 23, 1988
Mt, Mielke: Well, that is Why, When we say to you, When We may four percent
It $1,400,000, that is as if everybody is there and you got to pay them the
whole year, but we all know that people are going to come and go, and you
aren't going to get them back on the job, and that's figured, that is your
maximum exposure.
Mr. Fernandez: That's true, too.
Mr, Plummer: But we don't have that shown here. You didn't even list this in
the to called twenty...
Mr, Odio: We did not, Commissioner.
Mr. Plummer: OK?
Mr. Odio: Because we didn't want to mislead the Commission with numbers that
we cannot get... the fact is, that we went back through experience. The fact
is that we know that what the health trust had paid, of $80,000. The fact is
that we don't pay one way, you pay another way. If you don't pay through
this fund, you pay through the Workmens Comp. fund or you pay through the
pension fund.
Mr. Plummer: Then why is it so important to add it in here? Why is it so
important to deviate from what we have done in the past?
Mr. Odio: It is important to the Police Department. Let them speak to the
issue.
Mr. Mielke: Ask them. They are the ones...
Mr. Plummer: You know, if you pay it either way, then why is it an important
issue?
Mr. Odio: Let them speak.
Mr. Kinne: It changes the presumption from the employee to the City.
Mr. Plummer: That's exactly right.
Mr. Kinne: Now, if the City Attorney's doing their job, and they go, and they
can show that it is not job related, then it falls back on the employee.
Mr. Plummer: Then my next...
Mr. Kinne: But all it is doing is changing the presumption on Workmens Comp.
cases only. The pension issue has already been settled, that has been settled
for years.
Mayor Suarez: If the benefits are roughly the same, why does it matter to the
employee, which of the two it comes under?
Mr. Kinne: It gets it off our health insurance trust fund.
Mr. Fernandez: A real reason for that also is the fact that police officers
contribute...
Mayor Suarez: Collectively for you it is important, but not for the
individual...
Mr. Kinne: Correct. See, now a police officer gets hurt, he is out on his own
time, and he has to worry about where his money is coming from.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez; Yes, Commissioner,
Mr. Dawkins: It is obvious that the Police Department has negotiated a good
contract that is in their best interest. It is obvious that the City Attorney
has pointed out some issues..,
Mayor Suarez; Concerns,
18 June 23, 1988
1 0 4
Mr. Dawkins: ... that we should be concerned about. Now, as has been pointed
out by Commissioner De Yurre and Commissioner Plummer, nobody at this time
knows what the final cost of this will be, but we cannot hold it against the
policemen, because they negotiated a good contract for themselves. We have to
hold it against the Manager if this is wrong. So now, and I am running in '89
and I want the people to know, I did not negotiate this contract, OK? So, if
you got to raise taxes, if we got to raise taxes in - order to come up with
this, I didn't have nothing to do with it. We pay the Manager to manage. We
legislate. So, I think we need to do something here and get on, because we
have been on this for one hour and we got people sitting out here who got
other issues that we need to address, and we need to do something here, if it
is wrong.
Mr. Plummer: My next question. Are you following in this contract tracking,
exactly the same language that is in the Fire contract, as it relates to
disability?
Mayor Suarez (OFF MIKE): I hear you, there's a motion to close debate almost.
If you're getting ready to make it, make it.
Mr. Mielke: With regard to this specific topic?
Mr. Plummer: I am asking, in relation to the hypertension heart bill.
Mr. Kinne (OFF MIKE): Yes.
Mr. Mielke: No.
Mr. Plummer: Why?
Mr. Mielke: There is no language in their contract like it is in the State
law.
Mr. Plummer: Are you tracking exactly the State law in this contract, making
it identical to the Fire?
Mr. Mielke: Yes.
Mr. Plummer: And it is not in this contract?
Mr. Mielke: Yes.
Mr. Plummer: What number is it?
Mr. Odio: While he looks for that, Commissioner, Mr. Dawkins, let me point
out that if the health trust that they have needs monies, they come back to
the City and negotiate the monies to add to that health trust, it is not their
money, it is our money, so...
Mr. Kinne: Page 36, Article 37.
Mr. Fernandez: Commissioner, my understanding is that the firefighters'
contract does not contain the provision for the heart bill, because it is
statutorily given to them.
Mr. Plummer: Well, but that is the question I'm asking.
Mr. Fernandez: I know.
Mayor Suarez: He's saying, is it the same wording? That's what he's asking.
Mr. Plummer: Did you take the easy way out and say, OK, we'll just track the
same bill? OK, I'm looking at it.
Mrs. Kennedy: So it just maybe made official.
Mr. Plummer: No, no, here it is three lines. The provision of the Florida
statutes currently eligible to firefighters shall be extended to cover all
sworn employees in the bargaining unit. Now, if in fact, and the point I
have been trying to make... if in fact, that is the same language for the
firemen, that have allowed the $700,000 deficit, why is it expected that the
police will be any different in the future?
19 June 23, 1988
Mr. Kinne: Apples and oranges, J.L.
Mr. Plummer: It does have something to do with it.
Mr. Kinne: No, it doesn't. Not one thing.
Mr. Mielke: I think realistically, J.L., talking about, for example, these
people going out on disability pensions, and I think very realistic, you are
absolutely right with regard to many years ago, people slid out the door like
there was no tomorrow on disability pensions. I think that particular board
over there now really has tightened up and I think they tightened up four or
five years ago, very frankly, and you simply don't see that many. You see a
lot more people coming up to get one, than actually get one. In fact, what
generally happens is, the guy keeps saying he can't do it, and the board's
doctor says you are not going to get a pension, they get let out. They are
terminated, they are gone! They are gone!
Mr. Kinne: We have several in that position right now.
Mr. Mielke: Bang, they are dropped off the payroll. They didn't get a
pension. They got terminated.
Mr. Plummer: How long does Workmen Comp. run for?
Mr. Fernandez: Forever and ever and ever and ever.
Mr. Plummer: That's a long time.
Mayor Suarez: I thought your remark and your answer was going to go on
forever and ever there. OK.
Mr. Mielke: But, J.L., I think what is important to understand here is, and I
think Dick maybe summarized it more succinctly. What you are really talking
about is, if there is a question of liability, whether it is work connected,
or whether it is the employee's problem, what you are talking about is a
transfer of liability, where instead of the employee having to prove it, you
are now saying that the City Attorney's shop has to in fact demonstrate that
it is not work connected. You carry it one step further, in my example of the
TV, the guy goes off on insurance, it comes out of your other pocket. One is
out of your self insurance pocket, and one is out of the Workmens Comp.
pocket. It all comes out of the general fund, you know? The only slippage in
there is you are paying about 80, almost 81 percent of the health insurance
and you are getting about 81 percent of the guy who had the heart attack at
the cocktail party, where you are getting 100 percent of the guy who is
wrestling the guy down with the TV.
Mr. Fernandez: The major difference there, Commissioner, is that you must
also understand is the fact that if it goes through Workers Compensation,
there is absolutely no contribution by the police officers to any benefit they
get under Workers Compensation, while if it is paid through their trust, the
police officers themselves contribute to their own conditions by biweekly
payroll deductions, through their group health, number one. Number two...
Mayor Suarez: That's the percent that he already stated and we have already
heard the answer to that. Unless anybody has a specific question, we don't
need any additional explanations.
Mr. Fernandez: Right. All righty.
Mayor Suarez: Anyone else from the Commission on this issue? OK, I'll
entertain a motion to approve the contract.
Mrs. Kennedy: So moved.
Mayor Suarez: Do we have a second? I'll second.
Mr. Plummer: Motion made and duly seconded. Is there any further discussion?
Hearing none, call the roll.
20 June 23, 1988
R It
The following resolution was introduced by Commissioher Kennedy, who
moved its Adoption:
RESOLUTION NO. 88=871
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS
THE FRATERNAL ORDER OF POLICE, LODGE NO. 20, FOR THE
PERIOD OF OCTOBER 1, 1987 THROUGH SEPTEMBER 30, 1989
UPON THE TERMS AND CONDITIONS SET FORTH IN THE
ATTACHED AGREEMENT.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. De Yurre: Before I answer, points I need to make, and this goes to you,
Mr. Mielke, professionally speaking, if you told me previously that it was not
done intentionally, I think it was negligent on your part not to mention
somewhere in this memo, this issue, of the heart bill, and its possible
consequences if you couldn't come up with a dollar figure. That's number one.
Number two to Mr. Kinne. 1 do not appreciate the fact of using the pain and
suffering of fellow police officers to try to gain advantage here on this
Commission.
Mr. Kinne: I have to meet with them and explain to them what this Commission
did.
Mr. De Yurre: Well, you have to explain - I do not appreciate using the
timing that you all used to storm City Hall, like you did in the past. I do
not appreciate your comment of the timing, and if I vote on something, I vote
on something because of its merits. Like I mentioned before, I feel you guys
deserve the heart bill, and so you understand where I am coming from...
Mr. Kinne: Yes, air.
Mr. De Yurre: ... don't ever expect to come and railroad me on any issue
using any emotional aspect, because it won't work on me. In fact, it may have
a negative result. And number three, I would like to see the City Attorney's
involvement to the point, if possible, where we don't need to pay the I'm sure
thousands upon thousands of dollars for a labor attorney when we have in-house
expertise that we can use and save the taxpayers some dollars, OK? I vote
yes.
Mr. Plummer: I am going to vote affirmative, but I have to just give this
caveat the same as Victor did, I am very, very leery of a situation that does
not have even a projected number on it that could easily equate to $1,000,000
a year. But I will be around to remind that next year's contract, when
negotiated, that I am going to be looking at it damn close.
COMMENTS MADE AFTER ROLL CALL:
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Commissioner Dawkins.
21 June 23, 1988
t
Mr. bawkins: Mr. Manager, through you, to Mr. Mielke. What is the state of
the union, or state of the tlause, or state of the whatever it is clause.
Mr. Plummer: Favorite nation.
Mr. Dawkins: Mr. Mielke, what is the favorite nation clause?
Mr. Mielke: Well, favorite nation clause, as I understand it, if that is what
J.L., is referring to, is something...
Mr. Dawkins: That is what... no, what Miller Dawkins is referring to. Now,
what is a favorite nation clause?
Mr. Mielke: A favorite nation clause generally is a signed agreement that
says, Commissioner Dawkins, if you get six cars, that I, as your equal, also
get six cars. It is a...
Mr. Dawkins: Mr. Manager, the General Service employees negotiated in good
faith, they did not get nothing. You took everything from them, and I would
like for the General Service employees to be here at the first meeting in
July. I would like for the Sanitation Workers to be here, and I want to know
what they are entitled to, as vis-a-vis this contract, through the favorite
nation clause, and whatever they are entitled to, I am prepared to make a
motion that they receive it.
Mr. Mielke: Well, that is very simple, Commissioner, because there is nothing
in either one of their contracts that says that there is...
Mr. Dawkins: As a favorite... no, no, no, you see, that's what gives me a
problem here, OK? You guys go out and negotiate, hold people over the barrel,
you get what you want, and then you go and you make certain other concessions.
Now, you have them come... now, Mr. Manager, I don't need no more
explanations... at the first meeting in July, on the 14th, I want the
representatives from the General Service Employees union here, the Sanitation
Workers here, and I want their lawyers here, and I want their lawyers to tell
me that they are not entitled to anything.
Mayor Suarez: It a very simple request. He wants to see what the effect is on
the other contracts, and would like to do that by directly having the
collective bargaining units and their attorneys present.
Mr. Plummer: Well, I think that the final question that has to be asked, we
now have contracts with everybody but Fire. Where is Fire?
Mr. Odic: We sent you a memorandum. I hope it went out yesterday, informing
you that the arbitrator has ruled and that you have two weeks. I guess in
July you will be hearing, or you have to hear by law, the Fire contract, as
proposed by...
Mr. Mielke: It doesn't say two weeks. It says reasonable time.
Mr. Odio: Reasonable time, but...
Mayor Suarez: But he didn't rule on any of the actual terms or the merits of
it?
Mr. Odio: The arbitrator has ruled, if you read your memorandum carefully, it
rules, and where we do not agree with them, and where the fire...
Mayor Suarez: If I read my memorandum carefully, and if I had it, I probably
wouldn't ask the question at all.
Mr. Odio: No, I am sorry, Mr. Mayor. The fact is that he has ruled on terms,
or she has, and we...
Mayor Suarez: Favorable to our position, or both, or in between, or
compromise? OK.
Mr. Odio; In some cases, we don't agree with her, and in some, we do.
Mr. Mielke: I think the key thing really is that there were substantial
things that the union rejected, there was things we rejected and under the
22 June 23, 1988
statute it says that the issues come to the Commission for final disposition
after a chance for either party gets up and make their case. We did meet with
the firefighters again yesterday. We do have another session scheduled with
them Monday, and we are going to keep right on trying to solve it and
hopefully not have to solve it in a public forum.
Mr. Dawkins: (OFF MIKE) We are honored, we have got two of them.
Mayor Suarez: Yes, we got two represented.
Mr. Plummer: All right, but this provision, as the Mayor indicated, this
provision relating to the heart bill in the Police contract is not anything in
a hold harmless position in contract negotiations in the future.
Mr. Mielke: It is not, J.L., and I can tell you the only thing that you have
in any of your four contracts that says that if I get it, you get, is that
parity clause in the Fire contract that says, you know, if you give them ten,
you got to give me ten. That is the only solitary clause in your entire four
contracts.
Mr. Plummer: OK, I just want to make sure that we understand that if this
matter gets out of hand, and we withdraw from it, we have that ability to
withdraw, or at least negotiate it.
Mr. Mielke: Yes.
Mr. Plummer: OK, because it has not been in the past.
Mayor Suarez: OK, I needed to stall a little bit to get to 10:15 a.m., and
now I can ask, since this matter was actually scheduled for 10:15 or later, as
a public hearing, if there is anyone that wishes to be heard on this item.
Let the record reflect that no one has stepped forward, thank God! One last
comment, Ronnie, from the Miami Herald, in view of the new relationship we
have with the new Miami Herald reporter, the discussions having to do with the
City Attorney's budget and the pay given to the attorneys and so on and in the
spirit of in depth reporting, when you see the Commission act as we did today
to indicate that we want to try to use in house expertise and not spend money
on outside counsel, I hope that that is taken notice of by the Miami Herald so
that the public gets the view that we may be doing a lot more, and I think we
are, with the same budget. Not only as to the legal department, but all the
other departments of the City as in past years. And it would help, Mr.
Manager, in documenting that so that the Herald can and the Miami News and the
media can portray it correctly to know exactly what the comparison is of past
years, outside legal counsel versus, you know, this year, next year and so on.
We have those comparisons, we're able to argue the point that we're running
the City more efficiently and the articles come out the way they should.
Mr. Kinne: Mr. Mayor...
Mayor Suarez: If there's good faith on the other side.
Mr. Kinne: On behalf of the FOP and all its members, we wish to thank you,
the Mayor and the Commissioners for your decision today. We look forward to
giving the City the best service and the best police officers they deserve.
Thank you.
Mayor Suarez: And I hope the men understand that we took the item out of turn
as...
Mr. Kinne: Yes, sir.
Mayor Suarez: ... we took them before when they came to complain and as the
Commissioner pointed out, we have done many things beyond the way the
procedures call for and we've done that because it is the Police Department
and because of the problems you've had this year.
Mr. Dawkins: No, we took, them out of order this morning because they are
rushing to go to one of our fallen heroes...
Mr. Kinne: Thank you, sir.
23 June 23, 1988
Mr. Dawkins: ... funeral and so we took their out of order to that they could
go.
Mayor Suarez: Exactly.
NOTE FOR THE RECORD: AT THIS POINT THE CITY COMMISSION RECOGNIZED
THE PRESENCE OF STATE REPRESENTATIVES WILLIE LOGAN AND ALBERTO
GUTMAN. REP. LOGAN EXPRESSED HIS APPRECIATION OF OUR CITY
LOBBYIST AND THE GOOD JOB THAT WAS DONE FOR THE CITY.
3. SECOND READING ORDINANCE: ZONING TEXT AMENDMENT: ARTICLE 15 (SPECIAL
PUBLIC INTEREST DISTRICTS - SPI-7 BRICKELL MIAMI RIVER RAPID TRANSIT
COMMERCIAL RESIDENTIAL DISTRICTS) - PERMISSIBLE PRINCIPAL USES AND
STRUCTURES; PRINCIPAL USES PERMISSIBLE AT OTHER LOCATIONS; PERMIT
COMMERCIAL MARINAS, PIERS, OPEN DRY BOAT STORAGE WITH NO SAILS, ETC.
Mayor Suarez: PZ-1.
Mr. Olmedillo: Thank you, Mr. Mayor. PZ-1 is an amendment to ordinance 9500.
We have a special district. This is a second reading for SPI-7, and what we
are proposing is to expand the uses that are water dependent, water related,
to include commercial marinas, dry boat storage, live-aboards, and yacht
brokers and adding parking requirements for the storage of boats. It was
recommended for approval by the PAB, by a 7-0 vote. It was through first
reading before you and this is second reading. Planning Department recommends
approval.
Mayor Suarez: I entertain a motion on PZ-1. Moved. Do we have a second on
PZ-l? Seconded.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY AMENDING SECTION 1573 PERTAINING
TO THE SPI-7 BRICKELL-MIAMI RIVER RAPID TRANSIT
COMMERCIAL RESIDENTIAL DISTRICTS, BY ADDING YACHT AND
MARINE INSURANCE BROKERS AS PERMISSIBLE USES; BY
PERMITTING, BY SPECIAL EXCEPTION ONLY, COMMERCIAL
MARINAS, MARINE FUEL FACILITIES, BOAT RENTAL SALES AND
SERVICE, WITH LIMITATIONS, AND PIERS AND OPEN DRY BOAT
STORAGE, WITH CONDITIONS, AND RESTRICTING THE USE OF
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS; FURTHER,
AMENDING SECTION 1578, ENTITLED "OFF-STREET PARKING
AND LOADING," BY REFERENCING SECTION 2024 AND
ESTABLISHING PARKING SPACE REQUIREMENTS FOR DRY BOAT
STORAGE.
Passed on its first reading by title at the meeting of May 19, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10445.
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.
24 June 23, 1988
__-------=____-------=-----=-------------------=---=-=----==
4. DISCUSSION AND DEFERRAL OF PROPOSED FIRST READING ORDINANCE FOR ZONING
TEXT AMENDMENT, ARTICLE 36 (DEFINITIONS) - PROVIDE DEFINITION FOR
AUTOMOBILE WRECKING YARD; USES AND STRUCTURES; ALLOW AUTOMOBILE WRECKING
AND DISMANTLING, AND STORAGE OF USED PARTS FOR RESALE, ETC.
------------------------------------------------------------------------------
Mr. Olmedillo: PZ-2 is another amendment to 9500 and this deals with the
wrecking yards. As you know, historically, the City has not allowed wrecking
yards within the City limits, for any of these zoning districts. This will
allow wrecking yards in the I-1 district, which is an industrial district.
Presently the sale of used auto parts is allowed, and so is the storage of
cars. The dismantling of the cars is not allowed, and this will introduce it
into the City as one of the activities. The PAB recommended denial 9-0, the
Planning Department recommends denial. I know that the Building and Zoning
Department was reporting to Commissioner Dawkins on this matter in the
morning.
Mayor Suarez: OK, let's see if Commissioner Dawkins has a motion to defer on
this item.
Mr. Dawkins: What is this, number two.
Mayor Suarez: Yes.
Mr. Dawkins: First, yes, I am going to defer it, because I don't have enough
information. But number one, Mr. Manager, I asked for some information, and
according to this, who is responsible for policing out there, to check on
these chop shops? Is it the zoning inspector? Is it the electrical
inspector, mechanical inspector, plumbing inspector, structural inspector, or
inspector?
Mr. Odio: I'll let the building department....
Ms. Edith Fuentes: Zoning division.
Mr. Dawkins: Zoning?
Ms. Fuentes: Yes, sir.
Mr. Dawkins: All right, then who is responsible for the zoning violations
then?
Ms. Fuentes: The zoning inspectors.
Mr. Dawkins: So we have...
Mr. Plummer: Can I ask a question? How many zoning inspectors do you have
working from Friday at 5:00 o'clock to Monday at 8:00?
Ms. Fuentes: We have two inspectors working.
Mr. Plummer: How many?
Ms. Fuentes: Two inspectors working.
Mr. Plummer: And they are out every weekend?
Ms. Fuentes: Yes, sir.
Mr. Plummer: And two inspectors now.
for all violations?
Ms. Fuentes: Yes, sir.
That is to take care of the entire City
Mrs. Kennedy: That's where the problem lies!
Mr. Plummer: Exactly!
25
June 23, 1988
Mr. b8wkihs: bK, how toany ibn hg ifispectbrs do you have assigned to the City
of Miaini, period?
Mr. bdie: Eleven.
Mr. Dawkins: How many do you have,., ho, no, damn assigtAtht, how many we got
vorking how!
Ms. Fuentes: We have a total of eleven, Zoning = 1 and Zoning - 11 Inspectors.
Mr. Dawkins: All right, what does a Zoning = 11 ihspector do!
Ms. Fuentes: The Zoning - 11 inspectors are primarily doing our plans
examining and processing.
Mr. Dawkins: All right, and you got two of those, right?
Mr. Odio: Three.
Ms. Fuentes: Three.
Mr. Dawkins: All right, so you don't have eleven people in the field.
Ms. Fuentes: We have eight.
Mr. Odio Eight.
Mr. Dawkins: All right now, and of those eight, those are eight are to go
around and find all... what is the square area of the City of Miami, Mr.
Manager?
Mr. Odio: Thirty-four square miles.
Mr. Dawkins: How many?
Mr. Odio: Thirty-four.
Mr. Dawkins: Thirty-four square miles, and we got six inspectors, and six
into 36 goes six times, so each inspector, in a week, is expected to cover
6,000 square miles, which is about 1,200 square miles per day.
Mr. Odio: Well, Commissioner, if I may ask that we can get together on this
issues of inspectors. We are looking to the new budget process. We do have a
total of 50 inspectors in the Department. I want to see how we can pool
resources, because we have many, many other inspectors out on the street like
Solid Waste has 18, and the Finance Department has others and we are looking
at the possibility of some combining of the duties here.
Mr. Dawkins: OK, all right...
Mr. Odio: But we do have 50 inspectors out in the...
Mr. Dawkins: OK, how many vehicles the inspectors got?
Mr. Odio: (OFF MIKE) How many do we have?
Ms. Fuentes: We have...
Mr. Dawkins: The inspectors. No, listen, I don't want to know how many
vehicles in the Zoning Department. You got 11 inspectors, you got eight in
the field.
Mr. Odio: We have 51 vehicles, In the total department, let me see what we
have in inspection,
Mr. Dawkins: Mr. Manager, Mr. Manager...
Mayor Suarez: How many vehicles are vehicles are provided to field
inspectors, is what he is asking.
Mr. Dawkins: ... you got eight inspectors. Does each inspector have a
vehicle?
26 June 23, 1988
Mayor Suarez: That's your question.
Ms. Fuentes: Not all of them have.
Mr. Dawkins: All right now, how in the hell can a than Cover 6,000 square
miles of area without a vehicle? That's number one.
Mayor Suarez: And you know, if you provide 51 vehicles altogether to the
Department, you would think that there would be one per field inspector, who
are the ones who really need the vehicles.
Mr. Dawkins: Right, Mr. Mayor, I agree.
Mayor Suarez: And it may be, by the way, and if I may just pursue this line
of questioning by the Commissioner, you might also consider having some of the
other people in the Department doing inspections. This Commission, the Mayor,
and each Commissioner here, is doing inspections in the City all of the time,
for which we don't get paid anything in additional to our $5,000 salary, so it
is not below the dignity of anyone in your Department, please explain that to
them, to do some inspections, if we need them out there in the field. And it
would be enormously helpful to our citizens to see them out there, you know,
the department head, assistants, and so on. Get out in the field, that's
where we need them!
Mr. Dawkins: Well, the Manager and I will sit down because each of us up
here, we get complaints about chop shops, we get complaints about streets not
being clean, we get complaints, and Joe can tell you about chop shops on the
streets, and as the Mayor said, each Commissioner rides and sees it and I just
don't understand how we also get complaints that when builders go into the
Building and Zoning Department, they see one inspector today, and he tells
them one thing, and tomorrow they see another guy, and he tells them another
thing and the next day they see another guy, and all the different things. We
should have... if I go in this morning with a set of plans, I should see the
same inspector, because he and I discussed my plans yesterday. I shouldn't
see another guy, I mean, so that is what the Manager and I will sit down and
try to figure out, what we need to do, and I defer this until we can do that.
Mayor Suarez: Moved to defer.
Mrs. Kennedy: Second.
Mayor Suarez: Second. Any discussion? Anyone...
Mrs. Kennedy: I think the best solution is enforcement, not having more
wrecking yards, and I'm glad that you are looking into it, Commissioner
Dawkins.
Mayor Suarez: And you know, everything we said applies to, particularly
applies to the Police Department. I'd like to see some of those colonels and
majors and assistant chiefs out there in the field, that's where people want
to see them, and colonels and sergeants and captains and lieutenants too,
particularly when there is an emergency, and you see all the cars rushing out
there, but sometimes you don't see the sergeants and lieutenants doing it.
Did you wish to address this? Call the roll.
MOTION TO DEFER
BY MOTION DULY MADE BY Commissioner Dawkins and seconded by Vice
Mayor Kennedy, this item was deferred by the following vote of the
Commission:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
27 June 23, 1988
�_--- -=-------------------- -_ -_
S. A MOTION TO DENY PROPOSED FIRST READING ORDINANCE: ZONING ATLAS
AMENDMENT AT APPROXIMATELY 1836 BISCAYNE BLVD. (FIRST CHURCH OF CHRIST
SCIENTIST) BY APPLYING SECT. 1610 HC-1. (HISTORIC PRESERVATION)
Mayor Suarez: PZ-3, is that you?
Ms. Sarah Eaton: Mayor Suarez, members of the Commission, Sarah Eaton,
representing the Planning Department. The Planning Department is the
applicant for 16 proposed historic designations today. 14 of these are
located in the downtown area, two of them are important estates in Coconut
Grove. The downtown items are being brought before you as a requirement of
the downtown DRI. A condition of any area wide DRI is the identification of
all historic buildings within the area.
Mayor Suarez: OK, this is not a district, as such that you are bringing to
us?
Ms. Eaton: We are bringing individual items, yes.
Mayor Suarez: It is individual sites. Why would I hear, and I am sure the
rest of the Commission heard from Burdines, or it not the item we heard from
Burdines on?
That item is not on the agenda today.
Mayor Suarez: OK, it is also related to historic preservation,
Mayor Suarez: What do you intend to do, the next time we meet that is
creating problems for Burdines, so that maybe we can forestall those if you
can tell me today.
Ms. Eaton: Well, I would be happy to meet with Burdines and I think there is a
lot of misconceptions...
Mayor Suarez: Why would we create a downtown historical commercial district,
if I may ask? Is that what they are concerned about?
Ms. Eaton: Yes, they are a contributing building within the proposed downtown
district, which is not on the agenda today.
Mayor Suarez: Oh, wait a minute - contributing, so the idea is that it is
somehow a district to collect monies from them?
Mayor Suarez: Well, what do you mean by contributing7
contributes to the architectural
Mayor Suarez: Ohl I don't know what the requirements of State law are on
comprehensive planning, or DRI, but I can't imagine that it would embody
necessarily, creating a historic commercial district downtown, and if that's
the case, you'd better advise us between now and the next Commission meeting,
because I am not disposed to get involved in that at all, for myself, I don't
know how the rest of the Commission feels. We've got enough problems with the
site by site dedications and as we can see, we may or may not have some
opposition.
Mr, Rodriguez: If I may remind you, we have another historic district in the
City, the one in Morningside that is very acceptable to the people from the
area, once they knew the implications of it, and I think that you might be
interested in hearing what is being involved in the whole thing,
q 4
Mayor Suarez: Does that historic district carry with it prohibitiohs agaihst
demolitions and things of that sort, or just a...
Mr. Rodriguez: Yes, a delay in the demolition, not a prohibitioh.
Mayor Suarez: A delay?
Mr. Rodriguez: fifes. That is the standard all through the City.
Mayor Suarez: And it is a very uniform, homogenous district, Morningside. I
mean, to compare that to downtowh, with due respect, Mr. Planning Director,
that's...
Mr. Rodriguez: Mr. Mayor, if you will give us the opportunity...
Mayor Suarez: ... almost uniformly single family homes over there.
Mr. Rodriguez: ... to at some point in the future show you some of the jewels
we have in downtown, I'm sure you will be very proud of them.
Mayor Suarez: This is one of the cases where I will be briefed; typically you
try to brief me, and I don't want to get briefed, but I have a feeling on this
one we are going to have a long drag out. I am sorry, on this particular one
that we are talking about, how many historic sites?
Ms. Eaton: There are 14 in the downtown area. Now, one of those is also a
historic district, composed of five buildings. It is one side of a block.
Mayor Suarez: Why must you do that as a district, and not just the five
sites, because they all happen to be one block?
Ms. Eaton: They all contribute, its...
Mayor Suarez: They take up the entire block?
Ms. Eaton: ... well, it is not the entire block, it is just one facade, on
the block. We have a rendering of that, it is...
Mr. Plummer: Are all the people, owners, in accord with this?
Mr. Rodriguez: That is what we are going to go through in each case. We will
let you know where we are.
Mr. Fernandez: Yes, but owner's consent is not relevant.
Mr. Plummer: Like hell it isn't! Let me tell you something, you are new on
the block, buddy. I want to tell you something. By God, if you take and put
a designation on a piece of property I own, you better either compensate me
for it, or don't put restrictions on me. It is very important.
Mr. Fernandez: You don't necessarily have to find any one specific building
to be in that. The only thing the comprehensive plan requires is that there be
an element of recognition in the district of a historical nature of the
buildings in the area.
Mr. Plummer: Let me tell you...
Mr. Dawkins: If you own it, J.L., we'll make a grave yard out of it!
Mr. Plummer: Let me tell you, I have stated for the record, in the past, and
I will in the future, that as far as I am concerned, if the owner of the
property is not in concurrence, don't even bring it here. Just don't even
bring it here! Now, listen, you want to tell that owner what he can do with
his property, damn it, you buy it. And if you are not going to let him have
the freedom, of the right of ownership of a piece of property, as far as I am
concerned, don't come telling me about it!
Mayor Suarez: OK, I don't go that far, but I do...
Mr. Rodriguez: If I may remind you, that is what you do every Commission
meeting when you deal with zoning matters, because you are restricting the
right of the owner.
29
June 23, 1988
9 9
Mr. Plummer: That is exactly correct, OK?
Mayor Suarez: Right, but typically we are not restricting further the rights
that acquired when they bought the property, and that is what he means, I
mean, all of a sudden we are going to be telling people who bought property
with certain rights, you know, that they are going to have additional
restrictions without listening to them, and that's the problem here. Now, how
are we going to deal, Sergio, if I may ask, with what seems to be limitless
number of particular sites, districts, that are going to come before this
Commission, which this Commission has not asked to do in this fashion, and how
are we going to get over the incredible amount of time this is going to take,
and why are we doing it this way? Is there some other way that we can first
pick the high priority ones, the ones that the whole community agrees are
clearly historic districts, or historic sites or buildings? - and then get on
to 56 others, whatever they are? I mean, you are going to...
Mr. Rodriguez: You have been doing that through all the years, in pieces.
Mayor Suarez: Yes, we have been doing it throughout the years, and to the
extent that we did it throughout the years, it worked pretty well.
Mr. Rodriguez: Except that, because you have required now as part of the
comprehensive plan, to identify all the historic...
Mayor Suarez: So we tell then that we have identified them over the years.
He send them our plan of historic buildings that we have designated over the
years, that is a good way to begin meeting the law.
Mr. Rodriguez: In addition to that, you are also required, as part of the DRI
process, specifically to do that, and you have to do it. And now the decision
for you to make today, when this is before you, is whether you will apply the
zoning designation on it, that is what is before you today. The designation
whether it is historic or not, is not yours to make. It is made by the
Heritage Conservation Board. If that board doesn't make that...
Mayor Suarez: I thought they made recommendations to us.
Mr. Rodriguez: No.
Mayor Suarez: I thought we finally had to approve it.
Mr. Rodriguez: On zoning matters they do, but not on the designation of
historic properties. Those designations are made by them and if they don't
make them, the County makes them.
Mayor Suarez: Isn't the ultimate decision up to us?
Mr. Dawkins: OK, then...
Mr. Rodriguez: If the County makes them, otherwise...
Mr. Dawkins: OK, what does the ordinance say we, as elected officials, can or
cannot do?
Mr. Rodriguez: Today, you have before you the right and the power to not to
agree and with the zoning designation that is before you, in the zoning cases
for applying a historic designation on it, from a zoning point of view. That's
what you have before you.
Mr. Plummer: So we just deny.
Mr. Rodriguez: You can deny it.
Mrs. Kennedy: Sergio, you talk about the DRI, but how about the properties in
Coconut Grove that are not inside the DRI?
Mr. Rodriguez: In the cases of the properties in Coconut Grove, the ones in
Coconut Grove, which is all others you have seen before, that one is not part
of the DRI. We, as part of the Heritage Conservation Program that you have in
the City, come to you continuously, throughout the years, bringing to you all
those designations, and you have again the opportunity to decide whether you
30 June 23, 1988
want to designate it be not from a zoning point of view, at that point. That
is a separate track from the Heritage Conservation Board, that can go and make
a deteftination that the property is historic.
Mr. Dawkins: So what you are saying is that in the event that the Historic
Preservation tell me that... this is the property we are discussing now, this
P2-3?
Ms. Eaton: No, air. Those are numbers 11 and 13.
Mr. Dawkins: You have a rendering of it?
Ms. Eaton: No, air. There are photographs in your packet:
Mr. Dawkins: `where is PZ-31 Just a minute, Mr. Mayor, please.
Mr. Plummer: Are these ladies representing the church?
UNIDENTIFIED SPEAKER (OFF MIKE): Yes, yes.
Mayor Suarez: Yes, why don't we hear from you in the meantime?
Ms. Mary Freeman: Thank you, Mr. Mayor, and Commissioners. We are here
because we had a meeting at the Christian Science Church and, by the way,
there are Christian Science Churches all over the world, as you may know and
they're all members of the mother church in Boston and we have voted against
this change and we hope you will work with us and cooperate with us. We have
voted against this change and hope that you will work with us and cooperate.
Mayor Suarez: How does the change affect you, why did you vote against? Give
us the reason.
Ms. Freeman: Well, that is something that we've really can't... aren't sure
of how it affects us.
Mayor Suarez: And by the way, put your name and address on the record so we
have that please.
Ms. Freeman: I will. I will. Right this minute?
Mayor Suarez: Yes, go ahead and say it right into the mike.
Mr. Dawkins: Just say it.
Mayor Suarez: Right into the mike. Just tell us your name and address.
Ms. Freeman: Mrs. Warren Freeman, Mary Freeman, and Phyllis Grable, G-R-A-B-
L-E, Miss Phyllis Grable. We're members of this church and we have other
members here with us today too.
Mr. Dawkins: How will this - I mean, adversely affect the church and its
operations?
Ms. Freeman: Frankly, we have not been told exactly what this entails. We
would really like to know what it entails, but what little we do know, we do
not feel that we want it.
Mrs. Kennedy: Sergio, why hasn't anybody contacted them?
Mr. Dawkins: OK, well see, that's what we're arguing about up here now, see.
We can't say that it cannot be declared historic because we don't want it, OK?
We have to show that it's going to create a hardship or that, for some reason,
what have you.
Mayor Suarez (OFF MIKE): It's got no historic value.
Mr. Dawkins (OFF MIKE); Yes.
Ms. Phyllis Grable: Well, Commissioner Dawkins...
Mr. Dawkins; Yes.
31 June 23, 1988
Ms. Grable: ... we thoroughly agree with Commissioner Plummer that we do not
want to give up any control, any control of our property at this time or in
the future without knowing why we're doing it and being compensated for it.
At this moment, we feel that this is intruding on our right to control that
property.
Mr. Dawkins: OK, I agree with you, now look, nobody up here disagrees with
that, but, Mr. City Attorney, if we, which we won't, OK, but if this
Commission were to say that we will not approve this because we feel that it's
taking advantage of peoples' property and doing with it what you want to do
with it instead of giving them the right to do it. Where does that put us
legally and can we be taken to court?
Mr. Jorge Fernandez: It's your prerogative, Commissioner, to take each of
these items as they come in front of you one at a time and on a vote, the vote
carries what you decide to do with it. The legal implications...
Mr. Sergio Rodriguez: May I add something to that?
Mr. Dawkins: Yes, go right ahead, Mr. Rodriguez, please, sir.
Mr. Rodriguez: If you vote against this...
Mrs. Kennedy: And also, Sergio, excuse me, and also explain why nobody has
contacted these ladies.
Mr. Rodriguez: That's not correct, but we cannot do that. In relation to the
questions that you have, if you vote against this, it's because you should
feel that it doesn't qualify within the requirements, not because you're
trying to protect the rights of the property owners you're seeing now, because
otherwise, the danger that you're incurring is that the county, which has an
ordinance which is more restricting than ours, can then take over that
function from the City and I don't think that we should give away that right.
So I think that if you were to find that for whatever reasons they don't meet
the criteria that you should be applying to this, then you can deny it and I
think that it will have no ramifications locally in your decision.
Mr. Dawkins: OK, I still don't have what I'm looking for here but, but....
Mr. Rodriguez: If you want to deny it, Commissioner Dawkins, it's based on
the criteria that we have here that you don't feel it meet the criteria.
Mr. Dawkins: OK, OK, as they say, I mean, this creates a hardship, OK, on
them. They do not - they may - where is this located? What's around this
church, 1836 Boulevard?
Ms. Phyllis Grable: 19th Street and Biscayne Boulevard.
Mr. Dawkins: OK, in the event that this area other stores or whatever decided
to improve the area, they would not be able to do anything to their building.
So I feel, I mean, personally that it creates a hardship and that it shouldn't
be done, that's my personal belief.
Mr. Rodriguez: If I might answer also the question from Commissioner Kennedy,
the staff met with Mrs. Redstone, representing the church, and ten other
members from the church in the planning department and they opposed the
recommendation but it was a meeting and explained to them.
Mayor Suarez: A lot of times when we don't agree, they make the statement
that we have not consulted them and it's just a matter of just not agreeing so
they think they're not effectively consulted but it just means that... let me
ask you a question again back to quantify this process in a way that it
becomes rational for this Commission to act, otherwise we're going to spend
the next few months arguing almost exclusively about this. How many of the
ones being proposed today are roughly - are they all in a particular area of
the City?
Ms. Sarah Eaton: All of the properties except the two in Coconut Grove are
within the downtown master plan boundaries.
Mayor Suarez: And how many of there are there altogether?
32 June 23, 1988
Ms. Satoh: Altogether, I believe 36 will be eoming to the Commission.
Mayor Suarez: And how many of those are before us today?
Ms. Eaton: Fourteen,
Mr. Plummer: I want to remind this Commission that this historic ordinance
which we have before us today have given us the great, great situation that
exists with Sears, the new home of the winos on Biscayne Boulevard simply
because the historic board said that they could tear down the building, but
they couldn't tear down the front of the building. We now have a situation in
a vacant lot in a very important area of Omni in which, because of the action
of this Commission, declaring that historic site, we now have one of the
greatest havens for winos and undesirables that there are in this community.
You are going to see more of that if you continue to restrict people's use of
property.
Mayor Suarez: Why are they shaking their heads, why...
Mr. Rodriguez: If I might remind you, Commissioner, I know you have an
excellent memory, but in this case I think that you forgot that you didn't
approve the designation of the historic site in that particular...
Mr. Plummer: That was done by Dade County in the idea of the - what was it,
the two towers or the front of it?
Mr. Rodriguez: But it wasn't designated so they don't have the designation of
being historic. And not only that...
Mayor Suarez: They don't have a designation now?
Mr. Plummer: They could not destroy it.
Mr. Rodriguez: And not only that...
Mayor Suarez: Well, but the example is valid, I mean, you could...
Mr. Rodriguez: Let me take an example as being valid, assuming that we had
designation...
Mayor Suarez: As a general example, I mean, you can designate something
historic and then nothing happens on it...
Mr. Rodriguez: The only thing...
Mayor Suarez: ... and it can impede development. You admit that.
Mr. Rodriguez: The only thing that the designation does as to delaying the
owner, is that at a maximum it can delay his plans for demolition for six
month.
Mr. Plummer: But you see, you're only speaking to demolition. You cannot
alter that building without going through an arduous process if approved.
Mr. Rodriguez: Right.
Mr. Plummer: City Hall, for example, right now is declared a historic site,
correct?
Ms. Eaton: Yes.
Mr. Plummer: I asked of the Manager, why don't we have storm shutters on this
building in case of a storm and we're right on the water. You know what the
answer is? You can't put up storm shutters because you are historic site, OK?
You have changed the face of the building when you put up storm shutters.
Now, to me, that is ludicrous.
Mr. Dawkins: Mr. Rodriguez.
Mr. Rodriguez: Yes, sir.
33 June 23, 1988
9 9
Mr. Dawkins: I tun opposing...
Mr. Plummer (OFF MIKE): Ask the Manager...
Mr. Dawkins: ... declaring this an historical preservation because 1 feel it
is not contrary to the establishment of the land use pattern and it will
create an isolated district unrelated to the adjacent and nearby district. It
is out of scale with the needs of the neighborhood of the City and it will
alter the population density, pattern an increase of over tax load of public
facilities. It will adversely influence living conditions in the
neighborhood. It will create excessive traffic and it will adversely affect
property values and adjacent area and for that reason I move that this not be
approved. Now, is that legal?
Mr. Fernandez: Yes, it is.
Mr. Dawkins: Thank you.
Mayor Suarez: So moved. The motion is based on the factors working against
the principle of historic preservation as to this case. You want to address
that?
Ms. Becky Matkov: Yes, please. I am Becky Matkov, president of Dade Heritage
Trust, Dade County's largest historic preservation organization and I'm here
in support of the designations that are being presented to you today. I would
like you to keep in mind several issues that I think would indicate that
designation is a great asset to not only the structures, but to the City. One
point to remember, we are sponsoring an international historic preservation
and cultural heritage tourism conference here next April along with Dade
County and the Greater Miami Convention and Visitors Bureau showcasing Miami
as a historic attraction. We have...
Mayor Suarez: Can you repeat one more time the name of the convention?
Ms. Matkov: Cultural heritage tourism defining a sense of place.
Mayor Suarez: Oh, I thought it had more adjectives and nouns than that you
first said it.
Ms. Matkov: No. Well, cultural heritage tourism and we will be showcasing
Miami's historic buildings and architecture. As many of you may have seen,
and I have another copy for you of the Junior League walking tour of
downtown...
Mayor Suarez: Not paying for the renovations, just showcasing them.
Ms. Matkov: Showcasing.
Mayor Suarez: In what ever state they may be in.
Ms. Matkov: Now wait a minute, let me - I think that you will find that
designations of buildings as historic often enable owners to qualify for tax
incentives. I think that you will find...
Mayor Suarez: Sometimes federal funds too.
Ms. Matkov: And they help revitalize neighborhoods...
Mayor Suarez: State funds maybe.
Ms. Matkov: ... which may not be ripe, perhaps, for a high rise type
development or something, but they can bring new life and new interest into a
neighborhood, I think as far as enhancing a...
Mayor Suarez: You understand that sometimes they do impede development that
is needed in a particular neighborhood too, i.e., downtown, for example.
Ms. Matkov: But I think if you look at all of the tremendous amount of
historic preservation that is occurring throughout the entire country and has
done so much for cities that are in far worse shape even than in certain areas
of Miami; areas which we would have written off as hopeless and twenty years
ago would have been bulldozed for very unsatisfactory urban renewal projects
34 June 23, 1988
are now, thanks to historic preservation efforts, we are seeing people go in
with a whole new approach bringing a vitality and a pride...
Mayor Suarez: It takes a lot of nurturing, a lot of subsidy, a lot of effort
by the municipalities, state, federal government...
Ms. Matkov: It does, and I think it builds a community spirit...
Mayor Suarez: ... and when it doesn't happen, what you have a lot of times is
an eye sore, but you're right that it can be done.
Ms. Matkov: Well, there are many more successes than failures, I think, if
you really start getting into this.
Mayor Suarez: Yes, that's very possibly true.
Ms. Matkov: I wanted to...
Mayor Suarez: Let me ask you about that, on the rest of these, are you
recommending in favor of all of them?
Ms. Matkov: Yes, I am, I have been...
Mayor Suarez: No exceptions?
Ms. Matkov: Well, I have been...
Mayor Suarez: Could it be possible that maybe you put into the minds of our
staff what some of these should be...
Ms. Matkov: No, no.
Mayor Suarez: ... or did they independently agree with you on 100 percent of
these recommendations?
Ms. Matkov: Let me explain what we did. Well, of course, the heritage
conservation board...
Mayor Suarez: Sergio's already saying, I don't even know the lady, I mean,
he's disclaiming any conspiracy here to...
Ms. Matkov: No, I...
Mr. Rodriguez: Do I know you?
Ms. Matkov: No conspiracy. We have followed...
Mayor Suarez: To halt totally the proceedings of this Commission with
fourteen historic designations in one morning.
Ms. Matkov: We have followed the progress from the heritage conservation
board, we were at the planning hearings, we spoke on a few buildings which
were particularly important, we felt, to receive designations and we feel that
the process has been such that fault has been given. Sarah has contacted the
owners...
Mayor Suarez: What is of special historic value about this particular
building we're talking about, PZ-3, if I may ask you?
Ms. Matkov: What...
Mr. Rodriguez: We'd like the staff to make a presentation and we're having...
Mr. Plummer: Yes, also I want to hear from you on the Old Kentucky Home. Now
you tell me how that is historic because I'll tell you the history of that,
believe me, we don't want to know about it.
Ms. Matkov: I will turn that over to Sarah but let me just say one other
thing too.
Mr. Plummer: Remember, this guy was in the ambulance business for about 20
years and I'll tell you a lot of stories about The Old Kentucky Home.
35 June 23, 1988
Ms. Matkov: I know, you`re an old timer from way back. Actually..:
Mr. Rodriguez: Actually, Commissioner Plumfner, you're a historical resource
and I was expecting your support all the way through on this:
Ms. Matkov: We will designate you...
This are your ties with the past of the City.
Ms. Matkov: 1 do want to say though...
Mayor Suarez: Is the planning director recommending in favor of every single
one of these?
Mr. Rodriguez: Yes, sir.
Ms. Matkov: They've all passed.
Mr. Plummer: He has to, he has no choice.
Mr. Rodriguez: No, I only bring to you the ones we are recommending.
Mayor Suarez: The ones that are recommended by our board.
Mr. Rodriguez: No, we're recommending to the board, the board...
Mayor Suarez: I see.
Mr. Rodriguez: ... agree or disagree with us and then it goes to the planning
advisory board and then comes to you.
Mayor Suarez: But I thought I saw some that had negative recommendations from
PAB.
Mr. Rodriguez: That will be the planning advisory board prerogative, yes.
Mayor Suarez: Yes, that's why I mean by PAB. Do all of these have positive
recommendations from the heritage conservation board?
Mr. Rodriguez: Definitely.
Ms. Matkov: I guess.
Mr. Plummer: This is where all our money goes and why they don't have time to
do important things.
Mrs. Kennedy: But, Sergio, I thought that we were dealing with the zoning
issue today.
Mr. Rodriguez: This is important, if I might differ with you, Commissioner
Plummer. I think that we have an obligation to preserve our past and I really
think that if we don't do it now, we're going to be a City in the future that
have no past to show for.
Mayor Suarez: Well, I think the Commission feels that that is true, I think
we also have a bigger obligation to make sure that the future of our people is
adequate by having a development in areas that we particularly want to have
development in. Downtown, of all the areas, is particularly one of those,
Sergio, we agree with that. I mean, the philosophy we all agree with, I don't
think there's any problem with that. Do you want to say something about this
particular site, Sarah? As to why - what's the historic value of this?
Ms. Matkov: All right, let me move over. Before I leave, I would like to
pass out these about Dade heritage days which is six week festival that was
held this spring will be held next year and I think, if you look through it,
you will see the neighborhoods in Miami and all the buildings which we are
giving tremendous attention to because they're historic and interesting
architecturally and I think you, perhaps, will consider that this will be an
asset you'll be adding to enhance Miami's image by your designation.
June 23, 1988
Mrs. Kennedy: Sarah, before you start, weren't we Just dealing with a toning
Issue here?
Ms. Eaton: The way the City of Miami designates historic properties is
through a toning overlay district, In this case, all of these properties are
being proposed with an HC-1 toning overlay, That is the mechanism for
historic designation in the City.
Mr. Plummer: Yes, you're also talking to fire station number two, right?
Ms. Eaton: Yes,
Mr. Plummer: And fire station number two, if the termites uncross their arms,
the walls are going to fall.
Ms. Eaton: The fire department is very interested in having the...
Mr. Plummer: You didn't hear what I said. That building is an absolute
shambles and a disgrace and yet you want to take something like that and make
it historic. Who is going to pay the money to make that a renovated building?
Ms. Eaton: The fire department and the fire museum are in the process of
soliciting funds and finding a means to relocate the fire museum to that
building.
Mr. Plummer: This Commission has not approved that.
Mr. Rodriguez: I know, until they have the money they're going to come to
you.
Mr. Plummer: But I'm saying is that that building is in total shambles at
this particular time. What in God's name could be historic there that we
would be proud of?
Ms. Eaton: The history...
Mr. Plummer: The drug center that operated out of it?
Ms. Eaton: It is the history of the building and its architecture. It's one
of only two remaining historic fire stations in this City. All of the other
ones have been demolished. I would also like to point out that under the
master development order that was approved by this Commission, we were
required to bring all of these designations to you and whether the buildings
are designated or not, the development order requires that all proposed
alterations, additions, or demolitions be reviewed both by the City and the
state historic preservation office. And that is whether the buildings are
designated or not. That was the condition of the development order, how...
Mr. Plummer: The development order - let's go one step further, I think
you'll find that the wording was that we must identify...
Ms. Eaton: No, if...
Mr. Plummer: Not necessarily pass but identify.
Mayor Suarez: No, she's just saying procedurally we must consider all whether
they were approved or not, that's all.
Mr. Plummer: We're identifying them by virtue...
Mayor Suarez: That's right.
Mr. Plummer: ... that they're on this agenda.
Mr. Rodriguez: Right.
Mr. Plummer: Whether we pass them,..
Mr. Rodriguez: Right,
Mayor Suarez Exactly, that's why.,.
37
June 23, 1988
Is 9
Mt. Plukuner: ... or not was not required in the Do.
Mr. Rodriguez: flight, right, that's what she's saying.
Mayor Suaret: Exactly, she's saying that that's why they're before us even —
Mr, Plummer: 'There was no obligation to pass them, we had to identify them.
Ms. Eaton, But, if you do not pass the designation, the owners will still
have to submit their plans for alterations or demolition both to the City and
to the state for review. However...
Mayor Suarez: For which ones?
Ms. Eaton: For all of them.
Mayor Suarez: That are approved as...
Ms. Eaton: No, all of the buildings...
Mayor Suarez: Or that are recommended by whom?
Ms. Eaton: All of the buildings that are identified in the downtown
development order which is all of the buildings we're bringing before you.
However, if the buildings...
Mayor Suarez: Why did they work their way into the downtown development
order?
Mr. Dawkins: Let me hear what she's saying.
Ms. Eaton: That is a requirement of any area wide DRI.
Mayor Suarez: That every single building be in the downtown development order
identified as potential historic site?
Ms. Eaton: Yes, all downtown develop... area wide DRIs require the
identification and a means of protection for historic sites.
Mayor Suarez: But see, there was a judgment made somewhere along the line
that some of these were those kinds of sites, Sarah.
Mr. Rodriguez: And there was...
Mayor Suarez: You're making it sound like all of this just sort of happened
by itself, it didn't.
Ms. Eaton: What...
Mr. Rodriguez: No, you're right.
Mayor Suarez: Someone made a decision in staff to include those in the
downtown DRI. As a consequence of that, we must now review each and every one
of them. All I'm indicating to you is if you had been maybe just a little bit
more judicious in that and you had consulted this Commission a little bit
more, it may be limited to those that are clearly worth preserving, we would
not have fourteen to deal with just this morning or seventeen or eighteen. We
have some of the people that are in full agreement with. I hear Coconut Grove
is in full agreement with 17 and 18 and I hear Commissioner De Yurre
suggesting, I think it's a very good procedural idea, that we take those that
there's no opposition to. But you have given us an incredible task by coming
in this bunch like this. You know, every time we ask you, why it was done
this way, you always tells us about something that happened before.
Mr. Dawkins: I call the question. We had a motion and it's been second,
Mr, Plummer: Let's pass the Gusman Center, then they can't do anything to it,
Ms. Eaton: It's already been designated.
38 June 23, 1988
It 0
Mayor Suarez: bn this particular item, gZ=$, C6mmissibner Dawkihs is
ttoving... (opt MIKE): To do what?
Mr. Dawkins: To deny.
Mayor Suaret: To deny, do we have a 66COhd on that?
Mr. Plummer: Second,
Mr: De Yurre: Second.
Mr. Rodriguez: Clarification. Commissioner Dawkins referred only to local
designation.
Mayor Suarez: To?
Mr. Rodriguez: Local designation only, his motion:
Mayor Suarez: Local designation only.
Mr. Dawkins: Why?
Mr. Rodriguez: I want to clarify so that's what you're doing.
Mr. Dawkins: Well clarify...
Mayor Suarez: Please clarify.
Mr. Dawkins: but that's not what I had in mind. But if you say that's
all I can do legally, that's what I will do. Go ahead.
Mayor Suarez: What does it mean?
Mr. Dawkins: Wait a minute now, hold it, hold it. What you got to say? Now
she just whispered in your ear and changed your damn mind, now what did she
change?
Mr. Rodriguez: No, she didn't change my mind.
Mr. Dawkins: Yes, she did.
Mr. Rodriguez: No, I was...
Mayor Suarez: Why aren't we privy to whatever the discussion is, I mean,
we...
Mr. Dawkins: Yes she did change your mind, then all of a sudden you didn't
have nothing to say.
Mr. Rodriguez: How could you tell me what I have on my mind, what...
Mayor Suarez: We'd like to have it on the record. There's no need for the
private discussion. We need to know what's going on here now, what is local
designation as opposed to non local designation? What are you telling us?
Sarah.
Ms. Eaton: All of these buildings...
Mr. Dawkins: No, no, no, Sarah, no. I want it from him. I pay him, OK?
Mr. Rodriguez: OK, what it means - well, you pay her too, she works for you.
Mayor Suarez; A little less, go ahead.
Mr. Rodriguez: A little bit less, Local designation is the action that
you're taking here today, You don't have any action that you take on national
designation. Anybody can recommend any property for national designation and
I want to clarify that...
Mayor Suarez; And that preempts local designation, well, yes, that's a great
clarification,
39 June 23, 1988
Mr. Rbdriguaz: Ahd the lahguage:,,
Ms. Eaton: No.
Mr. Rodriguez: .., that have beeh used by the CbMiSsibner, I want to foake
sure that for the reeord is tlari€ied that it only applies to local
designation.
Mr. Dawkins: You mean to say that; I say no and Reagan says yes and my he
means nothing,
Ms. Eaton: No, that's not true, Commissioner.
Mr. Rodriguez: Only the national:
Mr. Fernandez: Only to national.
Mr. Dawkins: No, no, no, I'm a layman, I need to know what you're talking
about. That's all I'm asking you.
Ms. Eaton: If you would let me explain.
Mr. Rodriguez: Only to national designation.
Mr. Dawkins: What?
Mayor Suarez: National designation obviously preempts local.
Ms. Eaton: National designation and local desig... no, that's not true.
They're totally different things. Listing in the national register of
historic places is a national form of recognition. It imposes no restrictions
on a property owner. It has nothing to do with local designation. The DRI
also required that we nominate these buildings to the national register which
we have done, but that is a totally separate process. It has nothing to do
with local zoning and does not override local zoning.
Mr. Plummer: Why have you done that without this Commission's approval?
Ms. Eaton: You approved it when you approved the application for a
development order.
Mr. Plummer: No.
Ms. Eaton: It was in the development order.
Mr. Rodriguez: Was a list. Let me tell you what it come from.
Mr. Plummer: It was not in - it did not identify individual properties.
Ms. Eaton: Yes, it did.
Mr. Rodriguez: Yes, it does. And that list came...
Mayor Suarez: It was probably one of many exhibits to that, you know.
Mr. Plummer: Yes it did, yes it did, yes it did. I stand corrected I
remember.
Mr. Rodriguez: And that list, by the way, is not a list that we pulled out of
the air. It's a list that has been there for many, many years and has been in
the file for a long time. It's a requirement from the state, have been
included in every DRI discussion in any case that we have in downtown and you
just was following that basic list that you had.
Mrs. Kennedy: OK, but to clarify the record, Sarah, the local registration,
we are the ultimate decision makers,
Ms. Eaton; Yes.
Mr. Rodriguez; Right,
40 June 23, 1988
Mayor Suarez: OK, on the motion and the second, I have one question for the
building owners. What plans do you have for this building that would be
affected by the historic designationl if you have any at this point and if
you're able to reveall
Ms. Grable: No, we have no plans of changing the building. We just want to
keep control of the property:
Mayor Suarez: OK, that's...
Ms. Grable: And not to be subject to the whites of...
Mayor Suarez: We understand that, but there's no...
Ms. Grable: Yes.
Mayor Suarez: ... presents plans now.
Ms. Grable: No, absolutely not.
Mayor Suarez: Then my question. If I voted to designate it historic and they
came back to me within a year; they have no particular plans now to change it,
but they came back to me within a year, year and a half, six months, whatever,
and showed me that they cannot maintain that building properly, that they need
to sell or to modify or remodel or do something else, can I then, can this
Commission, at that point, revoke the historic designation? And if so, what
standard would apply to that revocation?
Mr. Rodriguez: I think that to change your position, there has to be a reason
and the reason they had to be have been a change of character or something...
Mayor Suarez: Circumstances in the area.
Mr. Rodriguez: Otherwise, I don't think that if you were to do that, it would
be capricious and I think that you will have a weak position in that case.
Mayor Suarez: OK, I guess a typical situation would be a horrendous drop in
values in the area, a lack of development, deterioration of the surrounding -
all the same criteria that we're applying.
Mr. Rodriguez: But, it's like in the case of a zoning case, you know, that
you make a decision and sometimes after two or three years, you might want to
consider it. When we bring it before you with recommendation to change that,
that has to be a reason for that, it cannot be just because you change your
mind, you know what I'm saying. It has to be a reason that can be supported
in the record on why the designation has been changed.
Mayor Suarez: And you feel, Sarah feels, the heritage conservation board
feels that this has particular historic significance, this particular
structure. Can you state that yes into the record?
Mr. Rodriguez: Yes, sir.
Mr. Plummer: I had requested at the time this ordinance passed, that in each
and every one of these cases, that a letter be accompanied in our backup
material as to the feelings of the owner. I don't find any of that in any of
these cases.
Mr. Rodriguez: We only include them when we receive them and I don't
Mr. Plummer: I asked that in every case the feelings of the owner be made
known. I don't find that in these backup material.
Mr. Dawkins: I call the question again.
Mayor Suarez: No, just getting clarification for Commissioner Plummer. OK,
all clarifications done and you want to instruct them as to future matters to
clearly follow that procedure of having that in the package, Commissioner
Plummer?
Mr. Plummer: I'll make it again...
41 June 23, 1988
Mayor Suaret: Right.
Mr. Plummer: but that was in the original creatioh of the ordinance.
Mr. Rodriguet: t think that it was hot in the ordinance but you asked us as
part of a policy of the Commission and you're correct on that.
Mr. Plummer: OK and I don't find in item 3, I don't find any letter of the
feelings of the owner.
Mr. Rodriguez: In some cases. Commissioner, we don't get letters from them
officially.
Mr. Plummer: I want a letter.
Mr. Rodriguez: OK.
Mr. Plummer: That's what I'm saying.
Mrs. Grable (OFF MIKE): They sent the notice that we were going to have that
and we definitely sent the notice in the letter that we do not want it. Tell
them that.
Ms. Freeman (OFF MIKE): Yes.
Mr. Plummer: 1 want to know in advance of those particular sites that want
this designation. I think that's great. OK? Let me read into the record a
letter I've not seen, just been handed dated May 24th, Commissioners of the
City of Miami signed by Ellen Gagan, Clerk, At a meeting of our church
membership, the members voted unanimously against the taking of our church as
a historical site.
Mayor Suarez: That's ordered into the record. We have a motion and a second.
Any further discussion? Call the roll.
Mrs. Kennedy: Let me...
Mr. Fernandez: An ordinance amending the zoning...
Mrs. Kennedy: No, just...
Mayor Suarez: It's a motion to deny, I don't know that we need to read the
ordinance unless it doesn't pass in which case maybe there will be an
ordinance.
Mrs. Kennedy: You have to look, of course, into each case and the
relationship between the land and the improvements but the owners do get an
investment tax credit.
Ms. Grable: We're not interested in tax credits...
Mrs. Kennedy: You're not, OK, fine.
Ms. Grable: ... we're interest is in controlling our property.
Mrs. Kennedy: Fine.
Mayor Suarez: OK, we have a motion and a second. Any further discussion?
Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-572
A MOTION TO DENY PROPOSED FIRST READING ORDINANCE FOR
ZONING ATLAS AMENDMENT AT APPROXIMATELY 1836 BISCAYNE
BLVD., (FIRST CHURCH OF CHRIST SCIENTIST).
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
42 June 23, 1988
il
AYES: Commissioner Victor De 'Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
--------------------------- -------------- ------------------ -------
6. DISCUSSION AND DEFERRAL OF PROPOSED FIRST READING ORDINANCE: ZONING
ATLAS AMENDMENT AT APPROXIMATELY 1401 N. MIAMI AVENUE (FIRE STATION NO.
2) BY APPLYING SECT. 1610 HC-1 - (HERITAGE CONSERVATION) UNTIL PROPER
CRITERIA HAS BEEN ESTABLISHED REGARDING RENOVATION OF FACILITY.
Mayor Suarez: PZ-4. Now, some of these, everyone is in agreement. Can we
take those first. Do you have some indication which those may be? That's
Commissioner De Yurre's suggestion, I think it makes eminently good sense.
Mr. Dawkins (OFF AND ON MIKE): It does, very much so. Do you have the ones,
Sarah, that people...
Ms. Sarah Eaton: Yes, number four, the fire department is in favor.
Mr. Plummer: Ah, no, no, no. The fire department, that's fine but I want to
see the money of where that renovation's coming from first. So put that off
until such time as they have raised the money to make a designation. Let me
tell you something, when we gave that building to a drug center, the next
thing we know, they were knocking on our door for $50,000 to renovate. The
next thing you know, because we own the property, that thing went to $100,000.
Now, the fire department wants to come up and bring us a check that they're
going to do it. As far as I'm concerned, in reality that building ought to be
torn down. It is a disgrace, it is a haven for the wrong things that we want
in that particular area and to designate that where we can't tear it down, I
think at this particular point, is not the proper procedure to follow.
Mr. Dawkins: You are the owner and Commissioner Kennedy and I will get a
bulldozer and push it down because you are the owner.
Mr. Plummer: Well, you talk about your crack houses, you know, I just - I
would move that this item be deferred until such time as that someone produces
evidence that they have the funds and wherewith to do the restoration and then
I want to tell you I will vote favorably. But at this particular time, to
impede the City's action, you know, to me, that's not historic. That is a
disgrace.
Mr. Sergio Rodriguez: May I suggest that you defer this until you get
clarification on the criteria because you're not satisfied with it.
Mr. Plummer: That'll be fine. I move that this be deferred...
Mr. Dawkins: Second.
Mr. Plummer: ... until the proper criteria.
Mr. Dawkins: Second.
Mayor Suarez: We have a motion, I'm sorry?
Mr. Plummer: Yes, move to defer until the proper criteria can be established.
Mayor Suarez: OK, move to defer and second. Any discussion? Call the roll.
a
43 June 23, 1988
The following motioh was ihtroduted by Commissioner Plum6t, who Moved
its adoptioh:
MOTION NO. 88-513
A !LOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ=4
(REOVEST FOR ZONING ATLAS AMENDMENT, BY APPLYING
SECTION 1610 MC-1 ZONING OVERLAY DISTRICT TO PROPERTY
LOCATED AT APPROXIMATELY 1401 NO. MIAMI AVENUE, FIRE
STATION NO. 2) UNTIL PROPER CRITERIA FOR HISTORIC
PRESERVATION HAS BEEN ESTABLISHED REGARDING SAID
FACILITY.
Upon being seconded by Commissioner Dawkins, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
7. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED FIRST READING ORDINANCE:
ZONING ATLAS AMENDMENT AT APPROXIMATELY 1328 N.W. 3RD AVENUE (ST. JOHN'S
BAPTIST CHURCH) BY APPLYING SECT. 1610 HC-1 (HERITAGE CONSERVATION) (SEE
LABEL 14).
------------------------------------------------------------------------------
Mayor Suarez: Now, can we try one that there's no opposition, if you know any
such one?
Ms. Sarah Eaton: Number five I've met with the church and they've expressed
no opposition.
Mayor Suarez: PZ-5.
Mrs. Kennedy: Move it.
Mayor Suarez: Is there anyone who wishes to be heard again?
Mr. Plummer: I don't have a letter to that effect. Is there anyone here
representing the church? I move that the matter be deferred until we find out
the feelings of the owner.
Mr. Dawkins (OFF MIKE): Second.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Well, if we have a representation that they're in support and
if the people are not here, what...
Mr. Plummer: Mr. Mayor, I want something in writing. I think it is only fair
that we have a written document telling us the feelings of the owner.
Mayor Suarez: Can we table the item until later in the day?
Mr. Plummer: Sure,
Mr. Dawkins: .... this afternoon, they going to get a letter?
Mrs. Kennedy: Do you have anything in writing from any of these, because I
don't think you have.
Ms. Eaton: No, I don't, I have one from one church.
44 June 23, 1988
Mr. Elummer: And you have one that I've seen in opposition which is the one,
nureber three.
Mr. Rodriguez: No, do you have any more?
Ms. Eaton: Yes,
Mr. Rodriguez: Anyone in a position, any other ones You have in writing
opposition?
Ms. Eaton: We have one letter...
Mr. Plummer: You heard the people on item I clearly state that they didn't
understand. Is it not to be presumed that the rest of the people didn't
understand?
Mayor Suarez: Well, I think they probably understood, they just weren't in
agreement. I mean, I don't know that they didn't understand, they certainly
didn't...
Mr. Plummer: Well, I'm sorry, I'm just repeating what the lady said.
NOTE FOR THE RECORD: ITEM PZ-5 WAS TABLED UNTIL THE AFTERNOON.
----------------------------- --------------- ----------------------------------
8. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 300
N.E. 1ST AVENUE (U.S. POST OFFICE AND COURTHOUSE) BY APPLYING SECT. 1610
HC-1. (HERITAGE CONSERVATION)
Mrs. Kennedy: OK, so what do you have there now, that letter?
Ms. Eaton: That is the only other letter that I have in opposition - well,
it's not even exactly in opposition, it's from federal GSA on the U.S. post
office, item number 12. They have no problem with designation.
Mr. Plummer: Yes, they said they have no problem and read the wording,
because you have no jurisdiction, that's why we have no opposition. Am I
reading correctly? "We offer no objection to the intent of the City's efforts
to place HC-1 zoning on the property. However, we do not believe the City has
no legal jurisdiction in the zoning federally owned --land." Why would they
object if they don't have any jurisdiction?
Mrs. Kennedy: Please enter our concern in the official record.
Mr. Plummer: It's crazy.
Mayor Suarez: Since you have no jurisdiction and we have no objection because
what you're doing will be legally invalid any how.
Mr. Plummer: Yes, we sell bananas cheaper, but we just don't have any
bananas.
Mayor Suarez: Is that the case, Joe, or George?
Mr. Plummer: Right here, it's in their letter.
Mayor Suarez: No, no, I mean from our own perspective, is it so clear that we
have no jurisdiction?
Joel Maxwell, Esq.: Mr, Mayor, members of the Commission, they're correct
that under the supremacy clause of the constitution, federal lands are
preempted from local zoning regulations. However, under the federal urban
lands act, they have an obligation and a duty to at least consider and respect
the land use regulations of the City. Therefore it would be...
Mayor Suarez: So it would be advisory almost or recommendatory or whatever,
45 June 23, 1988
Mr. Maxwell: What's correct, it would be in the best interests of the City to
designate the property, that would give you more clout with the govertifnent in
achieving the objectives of the HC ordinance.
Mayor Suarez: Do you have any problem with the letter in view of that
opinion, J.L., Commissioner?
Mr. Plummer: Mr. Mayor, I - no, I have no objections, they're telling us, you
know, do what you want, we don't give a damn because we're going to do what we
want. No, I don't have any objections to that:
Mayor Suarez., Is there anyone here that wishes to be heard on PZ, which is
it, Sarah?
Mr. Plummer: Five. Twelve,
Mr. Rodriguez: Twelve.
Ms. Eaton: Twelve.
Mayor Suarez: Twelve. Let the record reflect that no one has stepped
forward. I'll entertain a motion approving...
Mr. Plummer: Move it.
Mayor Suarez: ... designation for PZ-12.
Mrs. Kennedy: Second.
Mr. Dawkins (OFF MIKE): Second.
Mayor Suarez: Moved and seconded. Any discussion? 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 U.S. POST
OFFICE AND COURTHOUSE, LOCATED AT APPROXIMATELY 300
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 Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mrs. Kennedy: Excuse me, let me just ask a question, Sergio, going back to
what you said earlier on the DRI, forget the two in the Grove.
Mr. Rodriguez: Uh huh, yes ma'am.
Mrs. Kennedy; Will the owners eventually have to change...
Mr. Rodriguez: What do you mean?
Mrs. Kennedy; ... the designation on those that fall within the DRI?
46 June 23, 1988
Mr. Rodriguez: No, in the takes of the one we have in the DRI, what we are
obliged to do is, after recognizing them, any time that one of those which are
listed in that big list, we have to send a letter to the state and the owner
have to give us a photo of their building with the information that is
referred to the state and that is as far as the obligation that we have with
the state. In addition to that, we are obliged in the DRI to go through this
process of identifying the properties and you making the decision because you
are the ultimate decision makers in the designation of anything within the
City of Miami for local designation. Now, that's a separate issue from owner
consent which is the one that Commissioner Plummer is raising, you know.
9. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 301
N.V. 9TH STREET (MT. ZION BAPTIST CHURCH) BY APPLYING SECT. 1610 HC-1.
(HERITAGE CONSERVATION)
Mayor Suarez: Now, Sarah, or Sergio, do we have some of these that the owner
basically supports and that the owner or his representative or her
representative may be here to state that for the record so we can get those
done? I see counselor back there nodding affirmatively.
Ms. Eaton: Item number eight, the minister of Mt. Zion Baptist Church was
present at the planning advisory board meeting and spoke in favor. I don't
believe he's here, I do not have a letter.
Mrs. Kennedy: So it doesn't help us.
Mayor Suarez: And it's in the record of the planning advisory board?
Ms. Eaton: Yes, sir. Item number 10, Central Baptist Church, the
representative from the church was at the heritage conservation board meeting
spoke in favor. He could not - he attended the planning advisory board
meeting but could not stay until his item was heard. He spoke in favor.
Mr. Plummer: Well, this is easy to do, this is first reading, OK? And as far
as I'm concerned, I will want to see, before second reading, a letter
expressing the feelings of the owners of all of these properties in the record
before second reading.
Mayor Suarez: It makes good sense to have that because otherwise, for one
thing, you're not going to get his vote and then other votes may drop out too
if we don't get that clear intention from the owners whether we abide by it or
not is a different question.
Mr. Plummer: That's correct.
Mayor Suarez: But at least know from them in writing in some official manner
so on PZ-12 you would entertain a...
Mr. Rodriguez: Twelve already.
Mayor Suarez: ... oh, I'm sorry, PZ, what is its
Mr. Rodriguez: All of them I guess, per se.
Mayor Suarez: Well, the ones that we're talking, no, no...
Mr. Plummer: No, not all of them. No, no.
Mayor Suarez: No, no, no. No, some I think we have counsel present...
Mrs. Kennedy; Good try.
Mayor Suarez: ... some we have opponents present.
Mr. Rodriguez: That's right.
Ms. Eaton: We have a letter for item number 16,
47 June 23, 1988 1
Mayor Suaret: Vhith is the one we were just talking about now, the one that
the person stated to the ?AD, or at feast to the heritage t6nservat16h board.
Mr. Rodriguez: PZ-8, P2=8, Mt. Zion:
Ms. Eaton: PE-6 and PZ-10.
Mayor Suarez: is there anyone that wishes to be heard on PZ=B?
Mr. Plummer: That is number eight.
Mr. Rodriguez: Eight, yes, PZ-8.
Mayor Suarez: Right. Let the record reflect no one stepped forward on the
first ordinance basis and on your representation that they are in favor of it,
I'll entertain a motion on it.
Mrs. Kennedy: I move it.
Mr. Plummer: Second the motion and we'll also see a letter from the owners
giving us their feelings.
Mayor Suarez: OK, moved and seconded, PZ-8. 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 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.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
48 June 23, 1988
.------------------ - - - -
10. FIRST READING ORDINANCE! 2014INO ATLAS AMENDMENT AT APPROXIMATELY 819
N.V. 2ND AVENUE (LYRIC 'THEATER) BY APPLYING SECT. 1610 HcCl . (HERITAGE
CONSERVATION)
Ms. Sarah Eaton: Item number nine. I believe that item is a controversial
one. There are some owners in favor, some opposed.
Mayor Suarez: Is that Richman's one? OK. Item number nine is controversial
because it's opposed by whom?
Ms. Eaton: No, I'm...
Mayor Suarez: It's not controversial.
Ms. Eaton: It's not.
Mayor Suarez: OK.
Ms. Eaton: The Lyric Theater was proposed for designation about four years
ago. We finally received a letter in support from the owner after the time
frame for the Commission to act had passed. We do have that letter in file
dated 1984.
Mr. Plummer: Is he still the present owner?
Ms. Eaton: Yes.
Mayor Suarez: OK, I'll entertain a motion on that.
Mr. Dawkins (OFF MIKE): Who's the owner?
Mayor Suarez: Are you the owner, sir?
Ms. Eaton: United Church of Prayer in Washington.
Mayor Suarez: You're interested in opposition to it? Please, go ahead.
State your name and give us the reason.
Mr. Barron: My name is Ronald Barron, 6401 N. Bay Road, Miami Beach. I own
the adjoining piece of property. I'm concerned with this particular piece of
property as it adjoins Overtown Park/West. All the land within this
particular block and adjoining block are to be used for parking for the
stadium, for the Miami Heat. The Lyric Theater as I see it right now is an
eyesore. Do you have a map to show what the Lyric Theater looks like? Or a
picture?
Mayor Suarez: Is it illustrated in the...
Mr. Rodriguez: It's in your package on P2-9.
Mayor Suarez: Is it illustrated in a self -guided tour?
Ms. Eaton: No, sir. No, sir, that just includes the downtown.
Mayor Suarez: I guess if it doesn't look that good it wouldn't...
Mr. Dawkins (OFF MIKE): They wouldn't have nothing in there because it's from
Overtown.
Mayor Suarez: I guess procedurally...
Mr. Rodriguez: While that is being set up, I would like to remind you that
this property received a $150,000 grant to be improved and it's part of the
historic village of Overtown that I believe there was a presentation,..
Mayor Suarez; When was the $150,000 grant received?
Ms. Eaton; I believe it was from the last legislation last year,
49 June 23, 1988
I
I
Mayor Suarez: but it hasn't been iiopiefnented?
Ms. Eaton: The black Archives has received $156,000,
Mayor Suarez: Hasn't been fixed up with the money?
Mr. Rodriguez: No, no, no.
Mayor Suarez: So, that's why it's still an eyesore. Mould $150,000 bring it
to some reasonable aspect or...
Ms. Eaton: It will certainly take more than that.
Mrs. Kennedy: How many square feet are we talking about roughly?
Ms. Eaton: I do not know.
Mayor Suarez: Do you feel that there's a coherent and feasible plan to
restore the property at this point? Financing plan?
Ms. Eaton: That is what part of the $150,000 was going towards.
Mayor Suarez: I gather that but beyond that, do we have any more resources to
apply to it and are you aware?
Mrs. Kennedy (OFF MIKE): Oh sure, I'll get my bulldozer ready.
Mayor Suarez: Otherwise, we got a Vice Mayor with a bulldozer ready, you
know, and...
Mrs. Kennedy: I'm ready.
Mr. Elbert Waters: Mr. Mayor, Elbert Waters, assistant...
Mayor Suarez: Kind of trigger happy on that bulldozer, aren't you?
Mr. Waters: ... assistant director of planning. I would like to remind this
Commission that presently there is a master plan that's in the process for the
historic village. The City and the Black Archives is working right now in
trying to get that master plan completed. I may...
Mayor Suarez: How would that master plan work as an overlay district or
something or...
Mr. Waters: Well, we have not received any results of it, but conceivably...
Mayor Suarez: To the zoning master plan or is it just a...
Mr. Waters: ... conceivably, we're looking at the possibility of an HC
overlay district for that. We have been in contact and we're working with the
existing property owners. In addition to that, there has been a marked
assessment that has been done prior to the development of this master plan.
The City has received, you may recall, received anyway at least excepting an
NEA grant which is to be used to pay for the master plan of this historic
village. So all of those...
Mayor Suarez: Just the plan, not the actual renovations though.
Mr. Waters: Correct, correct but once that plan is done, it will give us an
opportunity to give us implementation measures so that that village can be
brought up to...
Mayor Suarez: I think we're mixed...
Mr. Rodriguez: And try to get money after that, you know, once you have the
plan, at least you have a document that people can use as a blue print for
official development.
Mayor Suarez: And we can do that with a plan even though we have not got the
zoning designation you think. Apply for monies and so on. I will entertain a
motion to defer the item then.
50 June 23, 1988
Mr. Plummer: Who owns the property presently?
Mr. Dawkins (OFF MIKE): The church of , United Church of what now?
Ms. Eaton: United Church of Prayer in Washington.
Mr. Dawkins (OFF AND ON MIKE): And they got a bundle of Looney and the guy
told me that they are willing to vork with people in Overtown to restore it
and do whatever has to be done and they're in favor of declaring it historical
and they will come forward with money to assist.
Mayor Suarez: I'll take a motion either way. It makes some sense, I suppose
to wait for the master plan and in another sense, if it sounds like we have a
coherent and complete plan to finance it and from the City's perspective, it
is definitely historic and worth preserving and we've got some monies to begin
doing that, an indication that the owner might also help us and that the owner
supports it, I'll vote for that too if that's what you want to do.
Mr. Barron: Mr. Mayor.
Mayor Suarez: Yes.
Mr. Barron: I was not aware of they had all this funding for this
particular...
Mayor Suarez: Well, now you're in favor of it then.
Mr. Barron: No, I'll go along with...
Mayor Suarez: Oh, see everybody agrees.
Mr. Barron: As long as there's money involved to take care of it, fine.
Mayor Suarez: Actually, we hope that all that money will come together but it
sounds, you know, optimistic on this one. I'll entertain a motion to
designate it.
Mr. Plummer: So move.
Mrs. Kennedy: Move it. Second.
Mayor Suarez: Moved and 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 LYRIC
THEATER, LOCATED AT APPROXIMATELY 819 NORTHWEST 2ND
AVENUE (MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; AND MAKING ALL NECESSARY CHANGES ON PAGE
NUMBER 23 OF SAID ZONING ATLAS.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
51 June 23, 1988
11. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 500
N.E. 1ST AVENUE (CENTRAL BAPTIST CHURCH) BY APPLYING SECT. 1610 HC-1.
(HERITAGE CONSERVATION)
Mayor Suarez: Which is the next one that is recommended by the owner or makes
sense to take up?
Ms. Sarah Eaton: Item number 10, the representative of the church appeared at
the heritage conservation board meeting and supported it.
Mayor Suarez: OK, is there any one who wishes to be heard against the
designation specified at PZ-10?
Mr. Plummer: So move.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded.
Mr. Plummer: I still want a letter though before second reading.
Mayor Suarez: Please get us the letter. 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 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.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
52 June 23, 1988
12. BRIEF DISCUSSION AND CONTINUANCE OF PROPOSED FIRST READING ORDINANCE:
BONING AT LAST AMENDMENT AT APPROXIMATELY 401-441 N. MIAMI AVENUE
(CHAILLE BLOCK) BY APPLYING SECT. 1610 HC-1.(HERITAGE CONSERVATION)
Mayor Suarez: P2, what's the next one, Sarah, do you recommend for us to take
up to we can try to get to 14 which is the one I believe that are
representatives here for? And the ones in the Grove, 17 and 18. But you guys
don't mind coming back in the afternoon anyhow.
Mrs. Kennedy: Oh, I'm sure they'll find something to be back.
Mayor Suarez: We do have a funeral service taking place beginning at 11:00
and we may be called at any point and I'm going to recommend adjournment at
that point and I think you understand that the importance of that, but go
ahead. Which item is it, I'm sorry?
Ms. Eaton: Well, number eleven, there are three owners; one is opposed. You
took out twelve.
Mrs. Kennedy: Forget that.
Mayor Suarez: OK, why don't we...
Ms. Eaton: Number thirteen...
Mayor Suarez: ... we've been deferring on any controversial ones or we've
been denying or what have we been doing? What do you recommend on this,
Sergio?
Mr. Rodriguez: At this point, what you have been doing is basically those in
which we have a certainty that the owner went to the hearing. If you could
pass...
Mayor Suarez: Well, this one is kind of a hybrid here because we got...
Mr. Rodriguez: Right.
Mayor Suarez: .. two in favors, supposedly one against. Are those owners
here?
Ms. Eaton: Well, two we don't know.
Mayor Suarez: Oh, two don't know.
Ms. Eaton: We've never heard from the other two.
Mrs. Kennedy: I think we should defer this one.
Mr. Plummer: I move that item 11 be deferred.
Mrs. Kennedy: Second.
Mayor Suarez: Eleven's deferred, moved and second.
Mr. Plummer: Continued for further information.
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY, PZ-11 WAS CONTINUED PENDING RECEIPT OF FURTHER
INFORMATION, BY THE FOLLOWING VOTE:
53 June 23, 1988
I
AYES. t6mmissioner Victor be Yurre
Cbfiftissioner Miller J. Dawkins
Cbmiss oher J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None,
13. CONTINUE PROPOSED FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT
APPROXIMATELY 140 N.E. 1ST AVENUE (HAHN BUILDING) BY APPLYING SECT. 1610
HC-1. (HERITAGE CONSERVATION)
Mayor Suarez: Item 13.
Ms. Eaton: Thirteen we have not been able to contact or hear from the owner.
Mr. Plummer: Move that it be deferred.
Mrs. Kennedy: Move it. Second.
Mayor Suarez: Move to defer, seconded. Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY, PZ-13 WAS DEFERRED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
14. (CONTINUED DISCUSSION) FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT
AT APPROXIMATELY 1328 N.W. 3RD AVENUE (ST. JOHN'S BAPTIST CHURCH) BY
APPLYING SECT. 1610 HC-1 (HERITAGE CONSERVATION) (SEE LABEL 7).
------------------------------------------------------------------------------
Mr. Rodriguez: What about use for follow the order, what about five, six and
seven?
Mr. Dawkins; OK.
Mayor Suarez: OK six, five we acted on and we tabled it pending getting that
letter in case it can be obtained during the day, if you can try and get that,
Sergio.
Mr. Dawkins: What about Kentucky Home?
Ms. Eaton: Kentucky Home, I've talked with the owner and he has no
opposition.
Mr. Plummer; We've deferred four, right?
Mr. Rodriguez; Yes.
Mayor Suarez; OK, on five and six, if you tell us that and if the Commission
is willing to take him on first reading, that's fine with me too.
54 June 23, 1988
Mr. Plummer: Five, what about five?
Mayor Suarez: That was the bne that...
Ms. Eaton: I talked with the owner and he has ho opposition at all:
Mayor Suarez (OFF MIKE): But we have no letter ao we've been how taking on
the first reading if you want to...
Mr. Plummer: All right, I'll move five.
Mayor Suarez: OK, five is moved. Is there anyone who wishes to be heard
against five? We have a motion, do we have a second?
Mr. Dawkins (OFF MIKE): Second.
Mayor Suarez: Second. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCEAMENDING 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.
Was introduced by Commissioner Plummer and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
15. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 1221-
1227 N.E. 1ST AVENUE (KENTUCKY HOME) BY APPLYING SECT. 1610 HC-1.
(HERITAGE CONSERVATION)
------------------------------------------------------------------------------
Mayor Suarez: Six, the same situation, Sarah?
Ms. Eaton: I spoke with the owner on the phone, he does not oppose it.
Mayor Suarez: OK, but we need to get a letter.
Mr. Rodriguez: Yes.
Mayor Suarez: Let's take it on first reading, Do we have a motion?
Mrs, Kennedy: Move it.
Mayor Suarez; Moved.
Mr. Plummer: The place is a disgrace.
Mrs, Kennedy; Please second it besides calling it a disgrace.
55 June 23, 1988
Mr. Dawkins: Second,
Mr. Plutwher: Second it.
Mayor Suarez: Call the troll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
N0. 0500, 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.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
16. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 1042
N.W. 3RD AVENUE (EBENEEZER METHODIST CHURCH) BY APPLYING SECT. 1610 HC-
1. (HERITAGE CONSERVATION)
------------------------------------------------------------------------------
Mayor Suarez: PZ-7, what's...
Ms. Eaton: I met with the owner, they have no opposition.
Mr. Plummer (OFF MIKE): Seven.
Mrs. Kennedy (OFF MIKE): Move it.
Mr. Plummer (OFF MIKE): What is seven?
Mayor Suarez: OK, I'll entertain a motion on seven. Moved.
Mr. Jorge Fernandez: An ordinance amending the zoning atlas or ordinance...
Mayor Suarez: Wait, wait, wait. We need a second.
Mr. De Yurre (OFF MIKE): Second.
Mayor Suarez: Seconded. You'll get us a letter before second reading.
Ms. Eaton: Yes.
Mayor Suarez: Read the ordinance, please. Read the ordinance. Call the roll.
56 June 23, 1988
V 4
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 EBEN`EEZER
METHODIST CHURCH LOCATED AT APPROXIMATELY 1041
NORTHWEST 3RD 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 Commissioner Dawkins and seconded by Commissioner De
Yurre and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
17. DEFER CONSIDERATION OF PROPOSED FIRST READING ORDINANCE: ZONING ATLAS
AMENDMENT AT APPROXIMATELY Ill N.E. 2ND AVENUE (CONGRESS BUILDING) TO
APPLY SECT. 1610 HC-1 (HERITAGE CONSERVATION) - BY INSTITUTING A
MORATORIUM FOR A PERIOD OF 90 DAYS.
Mayor Suarez: Item 14.
Ms. Sarah Eaton: There are two representatives here. One representing who
owns the land and one that wants the building.
Mayor Suarez: Oh, that's what the discussion is. Gerald.
Gerald Richman, Esq.: Mr. Mayor, I'm Gerald Richman of Floyd Pearson Richman
Greer Wiles Zack 6 Brumbaugh, representing the owners of the property. We own
the building and we own the lessee's interest on a 99-year lease which
constitutes the building and, in truth and in fact, we are the owners and we
are very much in favor, Commissioner Plummer, of the designation historical
district. We've been already designated nationally and we need this
designation to continue with our renovation of the building.
Mr. Dawkins: Well, let me ask you a question, sir. That building is totally
gutted. Is that a correct statement?
Mr. Richman: Yes, air, most of the building is gutted.
Mr. Dawkins: All right, so now if it's gutted and you tell me about historic
preservation, how you going to preserve it historically and it's already
gutted and what have you?
Mr. Richman: The interior of the building is gutted, sir. The exterior in
requirement with the national guidelines would have to be preserved. We have
plans, we have an architect, I had people here to present, we were ready to go
ahead but may I say initially, in response also to the suggestion made by
Commissioner Plummer of making sure people have notice, we did not know about
this hearing until yesterday afternoon. It was not delivered properly to the
owners of the site so I had some people who were architects and others we
tried to line up to bring here. We were not able to bring them here so if
there's any question about approving it, I would ask that it be deferred. I
don't think there should be any question because we are fully prepared to go
57 June 23, 1988
4 4
ahead with all of the national guidelines and the City guidelines. If, for
the Commission's interest, the structure is very unusual. This is a building
built originally in 1911. A portion of the land is owned by my clients in fee
simple, some 37 feet. There is 113 feet of it that is under a 99-year lease
which still has 28 years to run. The tower of the building, the main
structure is partly in the land owned by my clients, the other portion of it,
my clients are the real owners by virtue of their 28 years under their lease
and they fully intend to invest their own money to proceed ahead with the
renovation of this building. As this Commission may recall, this is building
that was originally built in 1917 then the City changed its ordinance and they
have a bridge structure over it to go up the next 20 some odd stories above
it. We had a witness to present to show that this was a very unusual
building, it's an innovative design, it's typical of the Roaring 20's and
downtown Miami. Our clients want to be able to develop the property. It's
not the first time this building has been before the Commission. You recall
that there was a request for approval with regard to a UDAG grant where they
were going to have some housing in relation to it.
Mr. Plummer: No, no, no, no, no. Let's be honest, now. What kind of
housing?
Mr. Richman: Pardon?
Mr. Plummer: What kind of housing were they proposing?
Mr. Richman: Condominiums among other things and retail space, a mixed use.
Mr. Plummer: They were also proposing that this building be used for a drug
center, a half way house.
Mr. Dawkins: OK, can I ask...
Mr. Richman: Not that I'm aware of Commissioner but that's...
Mr. Plummer: I remember.
Mr. Richman: I'm not aware of anything on that.
Mr. Plummer: They went and petitioned before the county to have it as a half
way house.
Mr. Richman: I've got my clients here, I think would testify to the contrary,
that that was not our understanding and I also have the plans here for it.
Mr. Dawkins: Can I ask a question of administration?
Mr. Rodriguez (OFF MIKE): Yes, sir.
Mr. Dawkins: This building is gutted and I have come from the college twice
to see the fire department there putting out fire...
UNIDENTIFIED SPEAKER (OFF MIKE): That's correct.
Mr. Dawkins: ... and in the event that this is declared historic, how long
will they have to make this a safe structure and in the event that they do not
make this a safe structure, what can the City do to condemn it and have it
torn down?
Mr. Rodriguez: The issue of safety is a different issue. The issue of safety
is a different issue than this. This is an issue of a matter taken by the
building and zoning department by the building official, city inspector
checking on it, whether the building is safe or not structurally and that can
be done at any point when there is a doubt that a building might not be in a
safe condition, the designation doesn't affect that...
Mr. Dawkins: Beg pardon?
Mr. Rodriguez: The designation of historic building doesn't affect that
different process of whether the building is safe or not.
Mr. Plummer: OK, why can't we put a caveat that they must start to rehab the
building within X number of months or the designation does not apply?
58 June 23, 1988
4 1
Mr. Rodriguez: Because I think the designation has to be based on the
criteria whether the building has a significance or hot, not whether you can
fix it or not.
Mr. Plummer: So in other words, what you're saying is that if we designated
and they let it deteriorate for ten years...
Mr. Dawkins: Another 20 years.
Mr. Plummer: ... without spending a dime, that designation still stays and
it's something that we should be proud of.
Mr. Rodriguez: No, what I think I am saying is that we have a designation
that it stays and if the condition, as I mentioned before, change enough to
warrant that we come before you again for a change of position, we'll bring it
back again to you.
Mr. Plummer: But you're also saying that they can't alter the building.
Mr. Rodriguez: They can alter the building, in altering the building they
have to work within the guidelines of what is the character of the building.
Mr. Plummer: And then they're going to come back and say that it's not
financially feasible, we can't do it.
Mr. Rodriguez: That part I cannot tell you until they tell us.
Mr. Plummer: And the building will sit there and deteriorate and nothing will
happen.
Mr. Dawkins (OFF MIKE): Because it's declared historic.
Mr. Plummer: Oh yes.
Mr. Rodriguez: If you don't declare it historic, it won't make any difference
either in that sense. I mean...
Mr. Plummer: No, except they can demolish it.
Mr. Rodriguez: They can demolish it now in six month, a maximum.
Mr. Plummer: In six months afterwards.
Mr. Rodriguez: Maximum. the only thing that the
designation does is that it gives six month to try to work out something or
try to find funding to improve the property. That's the right that is taking
away from the property owner. Which is an important right in some cases.
Mayor Suarez: Sarah, let me ask you on the record about what you just told me
privately so we all know. Have you noticed substantial interest from
developers that might want to build some kind of housing within this structure
in keeping its historic nature?
Ms. Eaton: Yes, I've, on many occasions, have been contacted by out of town
developers who were specifically looking for historic buildings to rehab to
take advantage of the 20 percent investment tax credit. I always give them
our standard list of downtown buildings and this is the only building that has
always been singled out as having the potential for rehabilitation because it
has enough square footage.
Mayor Suarez: To be used in what form?
Ms. Eaton: Well, really any form...
Mayor Suarez: Dormitory you mentioned possibly.
Ms. Eaton: ... whether for office or housing or - and there are any number of
uses.
Mayor Suarez: Any particular reason why they haven't actually come through.
I mean, has there been an impediment or is it this particular designation that
you think has been the impediment? Or the lack of this designation?
59 June 23, 1988
4
Ms. Eaton: The designation certainly would not be an impediment. I know
there's, well one developer who...
Mayor Suarez: No, no, I'm thinking of the impediments, why it hasn't happened
already if they see it as a historic building and they want to do something in
it, why haven't they done it up to now?
Ms. Eaton: One person who contacted me just a few months ago was trying to
put a team together and I don't think there has been time.
Mr. Dawkins: Well, let me ask a question, Mr. Mayor. Now, I worked with the
owner of the building and the lease or whatever we're talking about, about
seven months and that gentleman - he's sitting over there now - he was
interested in attempting to put one bedroom apartments so that young people
who could work. Now, if he was interested in putting the one bedroom
apartments and it's his property and his land, and you've got somebody want to
finance it, why don't we have something done?
Mayor Suarez: That's exactly a thrust of where my questions were going.
Mr. Dawkins (OFF MIKE): That's why I was...
Ms. Eaton: Like I said, the one...
Mayor Suarez: Because in the meantime, we have a vacant property that's not
particularly attractive, I gather, unless you're able to see through what most
people see and see the historic value in it. I mean, it's not exactly helping
downtown development. How does it look on actually doing something there?
Mr. Al Gutman: Mr. Mayor, forgive me. It's Al Gutman. I had the - Sarah
Eaton...
Mayor Suarez: Have you already stated on the record the relationship to this
property? I think maybe I missed it.
Mr. Gutman: Well, I'm with my father, my father's the owner of the majority
of the portion of the land under that building. He's also a downtown
businessman.
Mayor Suarez: Can the address at the site be used for you?
Mr. Gutman: 101 N.E. 2nd Avenue. I think that Miss Eaton's...
Mayor Suarez: And you're not being paid for your appearance here so...
Mr. Gutman: No, I'm not, no. I think Miss Eaton's comments are a little
misleading. I did speak with the gentleman who was interested in redoing the
building and his interest was actually to do it as a consultant being paid by
the owner of the building. That doesn't mean there's a team out there
interested in doing it. That means he wants to come in there and work for the
owner of the building without any guarantees or anything which to me is
nothing. So, it is a little misleading.
Ms. Eaton: No, since the time that I spoke with you, he did call me back and
said that he had - he was actively working on another project, another
building that was in imminent danger of demolition and so he had to put this
one on the back burner for a while but he had been able to locate several
individuals from out of town who were investors who were very interested in
the property.
Mr. Gutman: Yes, ma'am, and in order to do that, he would need about ten to
fifteen thousand dollars for him to do a study for the owner of the building,
quote, unquote, that's what he said to me.
Mayor Suarez: And that's just to do a study which doesn't really get us to...
Mr. Richman: Mr. Mayor, may I respond? I have here, and the man had to
leave, he couldn't stay past 10.00 o'clock, I have letter dated May 23rd,
1988, from Ariva Development Group.
"Dear Mr. Weinberg, pursuant to our meeting on the 13th, we would
like to confirm our agreement in reference to the rehabilitation
60 June 23, 1988
a 6
of the Congress Tower. We've reviewed the plans by Wynn
Development Company for their proposed renovation of the building
and will begin redesign of the building to accommodate the new
program of retrofitting the building to a mixed use project to
respond to the recent changes in the market. We have also in our
possession the ten year structural recertification prepared by
Glaster Sackmig Associates, Inc. in 1978 certifying that the
building is structurally safe. Nevertheless, we've instructed our
structural engineers, Maurice Gray and Associates, - who, by the
way, is the one doing the Freedom Tower recertification, I
understand, - to prepare a new 10-year recertification. They are
very qualified and renowned engineers and are presently doing the
recertification of the Freedom Tower. We appreciate the list of
contractors you send to give bid proposals, however, it is
premature, at this time, to have any construction companies review
the drawings. We expect to have the first set of development
drawings ready for your review by the 3rd week of June. If, at
that time, there are no major changes in the design, we should
enter into the bidding and negotiation phase by the end of July or
beginning of August. Again, let us thank you for having contacted
our company to prepare the design, construction documents, and
construction supervision for the renovation of the Congress Tower.
We hope our company can assist you."
And I might add the thing...
Mayor Suarez: Just for the record, the architectural firm's name again.
Mr. Richman: It's the Ariva Development Group.
Mr. Rodriguez: Maurice Gray is the question I think you were asking, right?
Mayor Suarez: You know, it went right in the record as sounding as if it was
my predecessor in office and I just wanted to make sure when we vote on this
that everyone has clear that it is not. Maurice, what's the last name?
Mr. Rodriguez: Gray.
Mayor Suarez: Gray. Gerald, where's the beef? I mean, where's the
financing?
Mr. Richman: Our client, Mr. Weinberg, is right here. He's going to provide
the financing. The problem is - Mr. Mayor this is...
Mayor Suarez: Well, do we have a commitment on that?
Mr. Richman: He's got a commitment to go ahead, absolutely. He'll come here
and testify that if he has to, he'll finance it personally. He is a well to
do man. But the real problem in this case and the Commission ought to be
aware of it, is what has happened is that the Gutman's, who are renters on the
property for some 11 years, on the 2-story portion of it, came out at the time
it appeared before this Commission, they went around surreptitiously and
bought the lessor's interest which my client was going to buy. They paid
approximately a half a million dollars for it. They've told... if this man
were here, he would testify that they said they would sell their interest now,
the lessor's interest, for 1.5 million dollars, to triple it. What they're
doing is an incredible power play to pressure my clients to either force him
to sell or force them to be bought out at some outrageous price while my
client is trying to go ahead and develop the property. They were responsible,
to a large degree...
Mayor Suarez: How many years or how many months has your client been in the
process of developing this property?
Mr. Gutman: Ten years.
Mayor Suarez: It sounds, from what Sarah was saying, that it's been quite a
while.
Mr. Richman: We've got the plans, it took a while to come up with the plans
but the fact of the matter is, they had a contract for four and a half million
dollars with Wynn Development to go ahead and do it. The contract was
contingent upon this Commission's approval. When this Commission turned it
down...
61 June 23, 1988
a
Mayor Suarez: What happens if, on the possibility of demolition in the case
of complex ownership like this, I mean, there's no possible way they we're
over going to get any demolition of this without all kinds of Court
proceedings anyhow, is there, Jerry? I mean, I...
Mr. Richman: No, air, there should be. The fact of the matter is, is that we
intend to go ahead, you've got...
Mayor Suarez: No, I'm not saying whether there should be or not, I'm just
thinking as a practical matter. It doesn't look like anybody would be able to
demolish this for a long time until all of the partial owners and owners get
together, so couldn't we defer until we see a coherent financial plan. I
mean, it's nice to have architects and...
Mr. Gutman: Mr. Mayor, if I may...
Mr. Richman: Mr. Mayor, we have the true owners, the people involved in the
building itself. Everything that you've said - the heritage board, everybody
wants it. I've got the certificate from the...
Mayor Suarez: That's not what I'm asking about...
Mr. Richman: ... the national register of historic places.
Mayor Suarez: I'm asking whether there's actually going to be the fixing
up up of this property.
UNIDENTIFIED SPEAKER (OFF MIKE): No, no everyone does not want it.
Mayor Suarez: I'm trying to get votes on this Commission. The only way this
Commission will typically do this kind of thing is not just if the property is
a nice property to declare a historic designation but something's actually
going to be done to improve it. It's now vacant property, it's not in good
shape. It may or may not be a haven for people that are creating problems
downtown. That's why I'm asking. I mean, when is it feasible that we will
know that the owners will go forward with the renovation?
Mr. Richman: He's already expended approximately $150,000 getting to this
stage. Mr. Weinberg is right here of Samuel and Associates.
Mayor Suarez: One developer in southeast Overtown Park/West tells us all the
time he's already expended a million dollars out of his own pocket and we
still don't have him breaking ground. I mean, it...
Mr. Richman: I've got the letter right here for the plans.
Mr. Plummer: Let me ask you a question.
Mr. Richman: Certainly.
Mr. Plummer: If these people, however you want to say it, have leasehold
interest in that building, how can you go ahead and renovate - are you
planning on renovating around them?
Mr. Richman: No, sir.
Mr. Plummer: Well, how are you going - if they have 28 years, is that what it
is?
Mr. Richman: No, sir, no, sir, they don't and let me make clear what it is.
The building itself is a tower. The tower is, in part, built on fee simple
land owned by my clients. The rest of it is built upon land that is under a
99-year leasehold. My clients are the owners for all legal purposes for the
next 28 years. They are tenants in a portion of the building which is the
small two story building. Whatever rights they have under their lease for
that time for their two story building will be protected. They are not
tenants and not in the high rise tower at all. So the ability of my clients
to go ahead as the true owners of the property is unimpeded and they fully
intend to go ahead. They've got the bucks to do it themselves. If they don't
get outside financing they're not going to let that building just sit there.
They thought they had their problems solved with the Wynn Company, it was
62 June 23, 1988
going to pay for it and do it and develop it. We had all kinds of letters
from people in the surrounding area who Wanted it done. Mr. Gutman didn't
want it done...
UNIDENTIFIED SPEAKER (OFF MIKE): That' not true, sir, that's not true.
Mr. Richman: Mr. Gutman didn't want it done because he had come around in the
back door and bought the lessor's interest and wants to use that for financial
leverage.
Mr. Gutman: Mr. Mayor, this..
Mr. Richman: And that's what it amounts to. But we want to be able to go
ahead and develop a beautiful building in downtown Miami.
Mr. Plummer: Do the Gutman's have any leasehold interest in any space in the
tower?
Mr. Richman: Not that I'm aware of.
Mr. Gutman: Yes.
Mr. Richman: Absolutely not, just in the two story building.
Mr. Gutman (OFF AND ON MIKE): We do downstairs, in 109 property. Mr.
Mayor...
Mr. Richman: And the two story building, I understand, Mr....
Mayor Suarez: I guarantee you, we're not going to try to resolve the legal
aspects of the ownership here but we're just...
Mr. Richman: Commissioner Plummer, the...
Mayor Suarez: ... but we're just...
Mr. Gutman: But, I know, but let me just...
Mr. Richman: The two story building I understand, Mr...
Mayor Suarez: We are going to hear from both sides.
Mr. Richman: The two story building is not in the designation district
anyhow. So we're not talking about the two story building, we're talking
about the tower in which they do not have the lessee's interest. They are the
lessor, they have no rights in the property for some 28 years. They're
litigating to try to get rights, that's in the Circuit Court, we have no
problems on that, in defending that. What they're trying to do is be able to
break the lease and force us into paying a substantial amount of money for it.
And that's the game that they're playing.
Mr. De Yurre: Who owns the land?
Mr. Gutman: OK.
Mr. De Yurre: The 113 feet?
Mr. Gutman: We own the land. Let me just — we own the land, my family does.
First of all, let me tell you about this beautiful structure which is
beautiful and I have to admit and it might have historical significance
because the way it was constructed. I want to tell you though that this
structure, which was beautiful because of the inside, not just the outside,
was totally gutted without City permits.
Mayor Suarez: When was that? When was that?
Mr. Gutman: The City of Miami has all the information.
Mayor Suarez: Well, roughly, I mean, are we talking about the,..
Mr. Gutman: Three years ago and it has not been touched. The fire department
has been in there, they've condemned it. That building is a hazard, it's a
nuisance and as owners of the land...
63 June 23, 1988
a b
Mayor Suarez: Oh, when you say, condemned it, that's either pursuant to a
condemnation proceeding which is not the case here or pursuant to an unsafe
structure board proceeding which I don't understand to be the case here. So I
don't know what you mean by condemn it.
Mr. De Yurre: Let's get Rosario involved in this one.
Mr. Plummer: Well, Rosario better get a big bulldozer for this one.
Mrs. Kennedy: It's not on my list, it's not on my list.
Mr. De Yurre: Let's get Rosario involved.
Mayor Suarez: Or Rosario with a bulldozer, I...
Mr. Plummer: But she'll need a big bulldozer for this one.
Mayor Suarez: So, to condemn it, when you mean that there were code
violations is what you're saying.
Mr. Gutman: The City actually came in and closed it because they found it
unsafe.
Mayor Suarez: Well, we found code violations I presume. We don't yet
determine them to be unsafe in that sense.
Mr. Dawkins: Mr. City Attorney...
Mr. Gutman: Sir, it was sealed, unsafe.
Mayor Suarez: No, no, right. Well, maybe it did go to the unsafe structures
board.
Mr. Dawkins: Mr. City Attorney. The discussion we're having now, what does
that have to do with historical preservation?
Mr. Jorge Fernandez (OFF AND ON MIKE): Nothing. Are you asking me?
Mr. Dawkins: Yes.
Mr. Fernandez: Nothing. Absolutely nothing, sir.
Mr. Dawkins: All right, so we are here to discuss the historical preservation
or not, OK? Now, the rest of this is legal and you guys need to take this up
in court.
Mr. Richman: We are, sir. That's what we're doing.
Mr. Dawkins: All right, so let's either vote to declare it historical or
let's vote not to and let's move on.
Mayor Suarez: Or, the final alternative is to...
Mr. Dawkins: What ever.
Mayor Suarez: ... take a like 90-day period to see, from my perspective, and
I know the planning director is cautioning me on inserting these kinds of
considerations, but I think it's a fair consideration whether you're going to
actually be able to do this preservation or not, whether you have a financial
plan and, for myself, I'd be more than willing to contemplate the historic
preservation 90 days from now. Not based on architectural plans or consulting
agreements, but based on the owner saying, I've got the financing, I'm making
it available or some bank is going to finance it and it's going to be done.
For myself, I hope that I'm not putting into the record things that would
create a problem but that would help me because it would show me that the
surrounding area will not be affected by what is now possibly is being
described as an eyesore.
Mr. Gutman: Mr. Mayor, before you make that determination, I'd like someone
to speak up on behalf of the Downtown Businessmens Association.
64 June 23, 1988
Mayor Suarez: On behalf of DMBA, go ahead Patty.
Ms. Patty Allen: OK, I'm Patty Allen, I'm the director of the business
association, I have about a hundred signature opposing the historical
designation of the Congress Building.
Mayor Suarez: OK, what's the basis, if I may?
Ms. Allen: OK, because it one point they did want to make it like J.L. said,
they wanted to make it low income housing. They're afraid that the City's
actually going to market against its own effort in Overtown Park/West. The
merchants are very upset about it and I have here a petition.
Mayor Suarez: Introduce those into the record. Ordered into the record.
Anything further from the Commission on this item?
Mr. Plummer: So what are we doing, deferring it?
Mayor Suarez: I would recommend deferral for 90 days. It doesn't sound like
there's going to be any demolition at all for 90 days. You want to speak as
the owner?
Mr. Alfred Weinberg: My name is Alfred Weinberg, 11101 Biscayne Boulevard,
Miami. I want to thank you for giving me this opportunity to speak. It's one
of the wonderful things about America, everyone has an opportunity. Now,
notwithstanding the legal aspects that have been proposed here, I go along
with the fact that this building will be put together in a manner in which we
envisioned four or five years ago notwithstanding the legal aspect. Now, I
have no brief with the Gutmans but I assure you this, that when this building
was gutted, it was gutted for the purpose of rehabilitation.
Mayor Suarez: That was three years ago, roughly?
Mr. Weinberg: That's right. Now, at that time, I was fully aware of the fact
that we had an economic problem downtown, that we had a glut of office space.
My timetable, at that time was to take the interior part, which would be about
12 months; fourteen months to rehab which would give me 26 months. At that
time I'd hoped the downtown market would be revived. If it didn't, of course
it wouldn't. Now, one of the unfortunate aspects of this building is the fact
that I own it and I have no mortgage on it. To me, that seems to be a
blessing but I've been told by my peers that everyone should have a mortgage.
Well, if I had a mortgage on this building, we wouldn't be sitting here today
or talking today because it would have been taken away.
Mayor Suarez: Well, I've got a suggestion for you. In view of your
attorney's explanation of your means, maybe you ought to set up a company and
mortgage it to yourself. I mean, you can go ahead and finance the building of
it if he thinks that you ought a mortgage. I mean, we're not interested in
the financial view that you have of how you should use your property. But we,
at least for myself, I'm interested in whether you're actually going to do
these renovations. And if so, when?
Mr. Weinberg: I bring this to your attention, Mr. Mayor, because the
proposition of finances was opened up by yourself and some people here and the
Gutmans...
Mayor Suarez: Right and your attorney answered me on that question that you
were quite able yourself to finance it.
Mr. Weinberg: That's right, I respect...
Mayor Suarez: Are you willing to spend the money to do it?
Mr. Weinberg: I respect the fact that our attorney represents us and what he
says, of course, is the truth but in the manner that this thing is coming
down, to me it's rather unusual. We don't have to do anything. We have a
building there that the City was pleased to go along and reduce the taxes in
view of the point that we're going to rehab it. Now, in rehabbing this
building, what am I doing? Personally and, of course, you have no brief of it
either, you really don't care but I care because it's really, in today's
market, is not the economic thing to do because of the market, but we're going
to do it because we have the funds and we have other items of consideration
65 June 23, 1988
that the future will take care of ourselves. The business of the historical
is important to this building. It's important to this building because with a
down stroke that it seems that we're going to take at the moment, at least we
will have the benefit of that tax situation which they have changed, as you
may or may not know, which at one time would have been given to us completely
at the point of the occupancy. At the point now, it's over a five year period
but we will have something. Now, if in your desires, you feel you don't want
to give it to me and I say, to me, because I'm the man, that's all right.
That's up to you. The building is going to be done regardless. Now, from an
intelligent point of view the City is going to benefit as well as the
neighborhood. Notwithstanding what this woman says or anyone says or even
because it's going to be beautiful. I talked to Alex today, he just
left and we now are ready to take a permit for the exterior of the building
and the windows which will be the first phase. I am doing this. Now, I don't
want to say I'm amazed...
Mayor Suarez: How much is that renovation going to cost?
Mr. Weinberg: That might cost maybe a million and a half.
Mayor Suarez: And the funds are going to be provided by yourself out of your
own pocket?
Mr. Weinberg: That's right. There'll be no mortgage, there'll be no
financing on this business on the building for several reasons.
Mayor Suarez: How soon do you expect that that commitment of your own monies
will be made and those renovations will begin?
Mr. Weinberg: The commitment of our money is made at the moment. We have
liquid funds, not houses, not barns, not buildings, but money. Now you know,
Mr. Mayor, when I was in your office some time ago when we talked about
Park/West which is $25 million dollars, it has nothing to do with the
Congress. But at that time you said, Mr. Weinberg, who is your group? And I
said, you're looking at him. Now...
Mayor Suarez: That's right, you were proposing to help to finance the
CanAmerican development of Southeast Overtown Park/West.
Mr. Weinberg: That's right. That's right, now, you know I'm proud to be able
to say this...
Mayor Suarez: And you were taking 99.98 percent of the developers' interests.
Mr. Weinberg: That's correct, sir.
Mayor Suarez: I thought that was quite brilliant.
Mr. Weinberg: Well, I don't know how brilliant it was but the fact remains
Matthew Schwartz called me aside outside to shake my hand and thank me because
he said...
Mayor Suarez: But it didn't work out, sir.
Mr. Weinberg: No, he said...
Mayor Suarez: We've got it in another group that is the one that provided the
2 million dollars.
Mr. Weinberg: Only because, in that interim period when it looked as it
nothing was going to happen, I was there and the developer was able to secure
people other than myself and this was the thrust. So I have been for Miami...
Mayor Suarez: I understand they didn't get 99.98 percent so maybe...
Mr. Weinberg: Whatever it was, whatever it was, whatever it was. I'm proud
to be here and I'm proud to be a Miamian and I say to you folks, it's up to
you. If you don't want to give us this, just don't give it to us, it's OK.
The building is going to be done. I don't want to know about the Gutmans
because they're not into this thing, the...
66 June 23, 1988
Mayor Suarez: Well, they have a right to be heard and they do have an
interest apparently.
Mr. Weinberg: The interest, 11m say, relative to the fact that we're going to
do the building and I don't mean to be disrespectful. The Gutmans don't
figure in my plans at all.
Mayor Suarez: OK. Well, apparently, there's some court proceedings that will
determine...
Mr. Weinberg: But there's nothing, counselor, there's nothing, or Mr. Mayor,
to prevent me from going ahead and spending the money.
Mayor Suarez: Let me proceed...
Mr. Weinberg: Now, it could very well be...
Mayor Suarez: Let me, if I may...
Mr. Weinberg: May I say this, it could very well be that after we spend this
money and the Gutmans do prevail in court, well, then we'll just lose the
building and that money also. But we're going to do it. Thank you.
Mayor Suarez: Well, let's hope that something is resolved on that. I would
suggest, for my vote and I don't want to speak for the rest of the Commission,
that we do take a moratorium of 60 or 90 days on this issue and I'm also
disposed right now to vote the historic designation, I want to tell you and
not for any of the reasons he has spoken. But for the engineering aspects of
the building which, apparently, are unique, that's for my vote. I'm telling
you right off the bat. I don't know that you have three votes on that but if
the Commission wants to instead take a 90 days deferral on it to see if the
financing is in place and if that is OK for us to consider, that would be fine
with me too.
Mr. Richman: Mr. Mayor, just one quick comment.
Mrs. Kennedy (OFF MIKE): So move.
Mayor Suarez: Wait, we have a motion. Let me just clarify it.
Mr. De Yurre: I'll second it.
Mayor Suarez: That's a 90 days deferral?
Mrs. Kennedy: Ninety day deferral.
Mayor Suarez: We have a motion.
Mr. De Yurre: Second.
Mayor Suarez: And a second. Address the motion.
Mr. Richman: Mr. Mayor, we were not, as far as the certificates go, the
signatures they got around the neighborhood, we don't know what they did to
try to lobby this thing and frankly I'm upset about it. We first found out
about this yesterday. We had no advance notice that there was an eight to one
vote against it at the board which we were not represented at because
everybody said this shouldn't be a problem, you don't even really need to be
there and we let Sarah Eaton know what our feelings were on it, we did not
know the Gutmans were going to come there and say, we're the owner, we're
opposed to it. And that's how we ended up here at the last minute.
Fortunately, we found out about it. The historical designation if we don't
get it, will cause a hardship to my client.
UNIDENTIFIED SPEAKER (OFF MIKE): It's already historical designated.
UNIDENTIFIED SPEAKER (OFF MIKE): He wants a change of the....
Mr. Richman: The hardship is to have to go through a long and involved state
approval process as opposed to going through the City. There will be delays
in getting this building done and that's part of the leverage they're trying
to use on us. I urge you not to defer but to vote for it.
67 June 23, 1988
a
Mayor Suarez: Well, I don't think they have any requirement - they don't have
any requirement that I'm aware of if they seek petitions to let anybody know
that they're seeking petitions. I mean, that's just something that you dot
just like You're able to come here today and make your presentation. OK,
anyone else? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-514
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-14
FOR NINETY DAYS (PROPOSED FIRST READING ORDINANCE FOR
ZONING ATLAS AMENDMENT, BY APPLYING SECTION 1610 HC-I
ZONING OVERLAY DISTRICT TO PROPERTY LOCATED AT
APPROXIMATELY 111 N.E. 2ND AVENUE.
Upon being seconded by Commissioner De Yurre, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
18. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 120
N.E. 1ST STREET (SHORELAND ARCADE) BY APPLYING SECT. 1610 HC-1.
(HERITAGE CONSERVATION)
Mayor Suarez: Item 15.
Ms. Sarah Eaton: Fifteen I met with the owner who is Nathan Rock and he told
me he would get back with me if he had any problems and I've never heard any
opposition.
Mayor Suarez: That's Nathan's property?
Mr. Plummer: You'll have a letter before the second reading.
Mayor Suarez: OK, we have a motion then...
Mr. Plummer: Move it.
Mayor Suarez: ... and with the proviso of getting a clear written indication
from the owner.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Moved and seconded. Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
NOTE: THE CITY ATTORNEY INADVERTENTLY READ THE PROPOSED ORDINANCE
FOR PZ-16 RATHER THAN PZ-15.
Mayor Suarez: Were you reading sixteen, I'm sorry, or fifteen?
Mr. Fernandez; I'm reading sixteen.
Mr. Plummer; Sixteen.
68 June 23, 1988
0
Mayor Suarez: OK; I thought the th6tibh goat Oh fifteen.
Ms. Hirai: We had ahhouhced fifteeh.
Mr. Fernandez: Sorry. Sorry about that.
Mayor Suarez: Did we state correctly that 15 is the ohe that hat to do with
Mr. Rock?
Ms. Eaton: Yes.
Mayor Suarez: OK, read fifteen 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 SHORELAND
ARCADE LOCATED AT APPROXIMATELY 120 NORTHEAST 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 was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J.L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Note: Although absent during roll call, Commissioner Plummer requested to be
shown voting with the motion.
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: ZONING ATLAS AMENDMENT AT APPROXIMATELY 245
N.W. 8TH STREET (GREATER BETHEL A.M.E. CHURCH) BY APPLYING SECT. 1610
HC-1. (HERITAGE CONSERVATION)
Mayor Suarez: PZ-16 then.
Ms. Sarah Eaton: We have a letter in support on 16.
Mayor Suarez: OK, I'll entertain a motion on sixteen. Do we have a quorum?
We do. Commissioner do you second sixteen? We have a letter of support from
the owner.
Mr. Dawkins (OFF MIKE): Yes.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call
the roll.
69 June 23, 1988
9 r
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 GREATER
BETHEL A.M.E. CHURCH, LOCATED AT APPROXIMATELY 245
NORTHWEST 8TH 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 and seconded by Commissioner Dawkins and
passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor Rosario Kennedy
Commissioner J. L. Plummer, Jr.
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. DISCUSS AND DEFER FOR A PERIOD OF 90 DAYS PROPOSED FIRST READING
ORDINANCE: ZONING ATLAS AMENDMENT AT APPROXIMATELY 2167 S. BAYSHORE
DRIVE (VILLA WOODBINE) BY APPLYING SECT. 1610 HC-1. (HERITAGE
CONSERVATION)
Mayor Suarez: PZ-17.
Ms. Sarah Eaton: On 17, we're out of the downtown, we're in Coconut Grove
now, just briefly...
Mayor Suarez: Gee, can't complain, we got to 17 with five minutes to go in
the morning.
Mr. Sergio Rodriguez: But I think that's going to take a while.
Ms. Eaton: Possibly not on 17, I'm not sure.
Mayor Suarez: Why on 17? Maybe IS might but 17 might not.
Ms. Eaton: The owner expressed opposition to number 17. However, a contract
to purchase the property has been signed and the buyer has no opposition.
Mayor Suarez: Villa Woodbine. OK, is that the rather attractive estate that
you see right off...
Ms. Eaton: Yes.
Mayor Suarez: How many acres are we talking about?
Ms. Eaton: About 3.2. We're only proposing the designation of the center lot
that contains the historic building. There's a lot on either side.
Mayor Suarez: Is there an indication that the contract purchaser would like
top reserve that center lot?
Ms. Eaton: I don't know at this time, I don't think from what I...
Mayor Suarez; Oh, you're just saying that there may be a possibility of that,
that's all you're saying.
70 June 23, 1988
t
t
Ms. Patoh: Yet.
Mayor Suarez: is there anyone here that wishes to be heard on PI-171 1
thought 11 and 16 were both Cbtonut Grove. Civic Association cohcerhs,
Mr. Rodriguez: They're in support of it,
Mayor Suarez: Itm just trying to see if he's going to be willing to say that
on the record.
Mr. Tucker Gibbs: Say what on the record?
Mayor Suarez: That you're in support.
Mr. Gibbs: My name is Tucker Gibbs, I'm president of the Coconut Grove Civic
Club and we support the designation. We did some of the research and
presented it to the planning department. The house is an excellent example of
Walter DeGarmo's architecture and we feel it should be preserved.
Mayor Suarez: Want to move it?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No, no, we don't have that indication.
Mr. Dawkins (OFF MIKE): The owners are not in favor?
Ms. Eaton: The owners expressed some reservations. They opposed it.
However, a contract to purchase the property has been signed and the
prospective buyer is in favor - or does not oppose it.
Mr. Dawkins (OFF MIKE): I move it until every - I mean I defer it until
everything is settled. Until it's either purchased...
Mr. De Yurre (OFF MIKE): Well, let's defer it, defer it.
Mr. Plummer: What number?
Mrs. Kennedy: Well, there's a signed contract.
Mr. Fernandez: Seventeen.
Mr. Plummer: Huh?
Mr. Fernandez: Seventeen.
Mr. Dawkins (OFF MIKE): Explain to J.L. what happened. He wasn't in here.
Mr. Plummer: Well, I heard basically what it is.
Mr. De Yurre: I'll defer for 90 days.
Mr. Plummer: A contract to buy don't mean nothing until you put the money
down and put the money in the bank. That's when I'll listen to that
individual.
Mayor Suarez: Do you want to take a 90 day deferral?
Mr. Plummer: That's fine.
Mayor Suarez: Moved.
Mr. Dawkins (OFF MIKE): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
71 June 23, 1988
The following motion vas introduced by Commissioner be Yutte, who moved
its adoption:
MOTION NO. 88-575
A MOTION TO DEFER CONSIDERATION OF AGENDA ITEM PZ-11
FOR 90 DAYS (PROPOSED FIRST READING ORDINANCE FOR
ATLAS CHANGE AT APPROXIMATELY 2167 SOUTH BAYSHORE
DRIVE - "VILLA WOODBINE", BY APPLYING SEC. 1610 HC-1).
Upon being seconded by Commissioner Dawkins, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Now, remember on some of these 90 day deferrals that, unlike
the prior matter we just had with the Congress Building, you can have a
demolition in this situation here.
Ms. Eaton: All of the buildings are under a moratorium until final action, by
the City Commission.
Mayor Suarez: Oh, so the fact we take a deferral, in effect, keeps them in a
moratorium situation?
Ms. Eaton: Yes, sir.
Mayor Suarez: As opposed to denial. Well, that's good, at least - the reason
I said that about the Congress Building is because of all the litigation and
all the conflicting interests there and competing interests. I have a feeling
that they would not be able to demolish.
THEREUPON THE CITY COMMISSION WENT INTO RECESS AT
11:00 A.M. AND RECONVENED AT 2:40 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT,
WITH THE EXCEPTION OF COMMISSIONER DAWKINS.
------------------------------------------------------------------------------
21. ACCEPT $10,000 DONATION FROM PROCTOR AND GAMBLE, INC. IN SUPPORT OF THE
1988 CITY OF MIAMI/CREST YOUTH BASEBALL WORLD SERIES ("PRIDE IN MIAMI
PARKS" - ADOPT -A -PARK PROGRAM).
------------------------------------------------------------------------------
Mayor Suarez: Madam Vice Mayor, we have in the afternoon non planning and
zoning agenda, one item that has to do with a contribution to our parks
adoption program and Kevin, do you want to tell us about that very briefly? I
know the Proctor and Gamble people are here and anytime we get money, we're
happy to change the agenda a little bit to...
Mr. Kevin Smith: We certainly are happy to have the representatives here
today with us, Mr. Todd Stark and Mr. Steven Lammmerson. They're here to make
a donation in the amount of $10,000 to the pride in Miami parks Adopt a Park
Program to go towards the seventh annual youth baseball world series, now
officially the Miami Crest Youth Baseball World Series and they have a check
with them to present to the Mayor and the Commissioners.
(Applause)
UNIDENTIFIED SPEAKER: Mayor Suarez, on behalf of Proctor & Gamble and the
Crest brand, we would like to present you this check for $10,000 very
72 June 23, 1988
W W
enthusiastically for our support of City of Miami youth baseball world series.
We congratulate you and we look forward to a very exciting series.
Mayor Suarez: This is not the only time that Proctor and Gamble has come
through for the City in so many ways. I know of your sponsorship of many
worthy programs in the City and we thank you for continued interest in support
of our programs.
Mr. Fernandez: It's item 17.
Mr. Plummer: ... the money I'm told that we have to approve item 17 of the
regular agenda. I so move.
Mayor Suarez: I'll entertain a motion to that affect. So moved.
Mr. De Yurre (OFF MIKE): Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-576
A RESOLUTION ACCEPTING A DONATION VALUED AT $10,000
OFFERED BY PROCTOR AND GAMBLE, INC., CREST BRAND
DIVISION, TO SUPPORT THE 1988 CITY OF MIAMI/CREST
YOUTH BASEBALL WORLD SERIES, IN CONJUNCTION WITH THE
"PRIDE IN MIAMI PARKS" ADOPT -A -PARK PROGRAM; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT,
IN SUBSTANTIALLY THE FORM ATTACHED, TO IMPLEMENT THE
ACCEPTANCE OF SAID DONATION.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
22. DISCUSSION CONCERNING PROPOSED FIRST READING ORDINANCE: ZONING ATLAS
AMENDMENT AT APPROXIMATELY 3952 DOUGLAS ROAD (WALTER C. DE GARMO ESTATE)
BY APPLYING SEC. 1610 HC-1. (HERITAGE CONSERVATION)
Mayor Suarez: PZ-18 was the morning zoning item that we have to complete.
Ms. Sarah Eaton: Mr. Mayor, members of the Commission, the planning
department is proposing the designation of the Walter DeGarmo estate. It is
one of the few intact historic estates left in Coconut Grove. We realize that
it isn't practical to retain this estate as a single family residence and we
are not trying to prevent the redevelopment of the site. However, sites can
be redeveloped in a way that would destroy the character of the estate or that
would be sympathetic to it and that is the reason the planning department is
proposing the designation to ensure that the redevelopment is sympathetic with
the historic character of both the site and the estate.
Mr. Plummer: Are you willing to pay the owner of the property to take away
those rights from him?
73 June 23, 1988
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Ms. Eaton: I don't think there would be any difference in the cost of doing
it.
Mr. Plummer: Well, I mean, you're taking away his right as a property owner
to do with his property as he sees fit. Now, you're asking us to restrict
that right. Now, who's going to compensate him for it?
Mr. Sergio Rodriguez: There is, as I mentioned before, Commissioner Plummer,
there is no difference in this and than you have been having in zoning
specification.
Mr. Plummer: Well, then if there's no difference then, let's just don't do
it.
Mr. Rodriguez: In other zoning specification. No, no, no there is no
difference in what you do with this issue as you do in any of the zoning
classification. You, in a way, control somewhat the rights of the property
owner with any designation that you give in zoning.
Mr. Plummer: When was the last time, Mr. Rodriguez, that you remember that
this City Commission down graded or devalued the property rights? I don't
remember the last time, do you?
Mr. Rodriguez: I do but I think we're in litigation right now.
Mr. Plummer: OK, maybe one. Look, to me it's very simple. A man owns a
piece of property. He has certain inalienable rights with that piece of
property. You're asking this Commission to restrict those rights. Now, in my
estimation, if you're going to restrict him, you've got to compensate him.
And it's just that simple. And I don't know how else to put it. Unless the
owner is in agreement and the owner says, yes, I want it, yes, I think it'll
enhance my value, yes, I want to keep this historical, that's his right. It's
not the right of government go come in and confiscate without giving him the
proper remuneration. I just don't know how any other way to put it.
Mr. Rodriguez: I know that we have had discussions on this on different
occasions and I keep again trying to explain to you that what you do with this
is exercising your right, as a policy maker, to try to preserve some of the
properties that we have in the City. What you're doing is making sure that
before the property owner goes and demolish the property, that he will have a
period of six months of cooling period, basically, which he won't be able to
do it. You do exercise that police power much more when you exercise your
zoning powers in your decisions that you make here every Commission meeting on
Thursdays.
Mr. De Yurre: Sergio.
Mr. Rodriguez: Yes, sir.
Mr. De Yurre: Let me ask you something. Six months, what are the taxes on
that property for six months?
Mr. Rodriguez: They will be the same taxes.
Mr. De Yurre: How much are they?
Mr. Rodriguez: I don't know.
Mr. De Yurre: Well, I'm sure it's thousands upon thousands of dollars for
that kind of piece of property.
Mr. Rodriguez: Probably so.
Mr. De Yurre: OK, if you're talking about waiting for six months and you've
got financing in place, you're paying for part of that financing. May be you
haven't drawn on it, but it cost you money to put the financing together.
Mr. Plummer: Yes and God forbid, Victor, they find a few bones on that
property.
Mr. De Yurre: Well, no, the thing is - no, not only that, in six months you
know how touch interest rates can sky rocket? You got to pay the taxes for six
74 June 23, 1988
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months to it isn't like they have nothing to lose, they got plenty to lose by
waiting six months. And if, you know, at the end of the six months they have
their development in place and they want to develop, I don't see any point in
holding them up for that period of time.
Mr. Rodriguez: I understand perfectly well the argument that you're making.
At the same time, we have to bring to your attention the other argument of the
importance of the role that you, as Commissioners and elected officials have
of trying to preserve the historic character of some of our properties and you
exercise that power not only there but also in trying to guide the orderly
growth of the City. And you do it through zoning actions all the time.
Mr. De Yurre: If at the end of this...
Mr. Rodriguez: You know, you're convinced or you're not.
Mr. De Yurre: Sergio, the bottom line, if at the end of the s-ix month period,
don't they get to do whatever they want anyway?
Mr. Rodriguez: At the end of the six month period, they can demolish.
Mr. De Yurre: They can do anything they want, right?
Mr. Rodriguez: No.
Mr. De Yurre: Well, as far as demolishing and building what they want.
Mr. Rodriguez: They are controlled by other laws in the City. They have to
go through a platting process like everybody else. We have rules in the City
for everything that you do basically to...
Mr. De Yurre: Certainly, but I'm talking about as far as historical.
Mr. Rodriguez: Yes, they could demolish the building in six month.
Mr. Plummer: What about if they wanted to change it?
Mr. Rodriguez: Max. To change the building, they would have to go through
the process of getting approval and go before...
Mr. Plummer: Even after the six months.
Mr. Rodriguez: No, no, no, if you don't - you mean, if you don't declare it
historic or you declare it historic?
Mr. Plummer: If it's declared historic...
Mr. Rodriguez: You will have to...
Mr. Plummer: ... after the six months, what restrictions still stay with the
property owner to have the full right to do with his property as he sees fit?
Mr. Rodriguez: He would have to go before the historic preservation board for
any changes altering the outside of the property, right?
Ms. Eaton: Well, if, after the six months, the building is demolished...
Mr. Plummer: No, we're not talking about demolished.
Mr. Rodriguez: No, no, without - if it is designated.
Ms. Eaton: OK, if the property is designated and the owner wanted to alter
the building and not demolish it, he would make an application to the City.
If the alterations were minor, they could be approved by staff within the
matter of a day or two. Otherwise, it would go before the heritage
conservation board.
Mr. Plummer: And they have the right to say yes or no.
Ms. Eaton: Yes, but the owner can appeal that to the City Commission.
75 June 23, 1988
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Mr. Plummer: That's right, but you're putting him through a process that
today he doesn't have to go through.
Mr. Rodriguez: But, Commissioner, that's no different than when you do with
Latin Quarter. For example, in Latin Quarter you had to go through the same
process.
Mr. Plummer: You know, I'm going to say one more thing and then I'm going to
shut up, OK, because I've made my point well known. 1 think you are robbing a
person of the rights that he has with property. I will fight you to the very
end on that but, you know, if you go through today and look at these areas
that you have designated as so called historical sites, we're not talking
about Vizcaya, we're not talking about Gusman Hall, we're talking about a damn
vino rat trap down on First Avenue that all of us wish to God had burned down
years ago. And you're going to designate it as historic.
Mr. Rodriguez: This is not that case.
Mr. Plummer: This one is not but I'm telling you, you look back over the
fourteen that you put on this agenda today, it's fire station number two, that
damn thing should have fell all in six months ago, if we were lucky. No, now
you want to come in and designate it. I just...
Mr. Rodriguez: Commissioner, if you remember also fire station number four
was also a disgrace to the City and now it's going to open as a restaurant.
After so many years, it's going to open as a restaurant and it's going to be a
very important addition to the Brickell area.
Mr. Plummer: That's fine, that man is building something on it.
Mr. Rodriguez: It depends on the commitment we have as a City.
Mr. Plummer: He's doing something with it.
Mr. Rodriguez: Right.
Mr. Plummer: But for the life of me, I can't imagine they're going to do
anything with the Old Kentucky Home.
Ms. Eaton: I could speak to that one. The owner is interested in using the
tax incentives that would be available to put low income housing there or
subsidized housing.
Mr. Plummer: Don't hold your breath. That's if the federal government comes
through with big beaucoup of money, the City comes through with money, the
legislature comes through with money. Yes, that owner, like everyone else,
would like to do everything in the world if it don't cost him anything. You
all do what you want.
Mr. De Yurre: Also, Sergio.
Mr. Rodriguez: Yes, sir.
Mr. De Yurre: If you drive on Douglas, I bet you that you can't see that
estate from the outside. Can't see it.
Ms. Eaton: You can't see Vizcaya either.
Mr. De Yurre: But it's accessible to us because it's public.
Mr. Rodriguez: I don't know if you're aware, that in this particular case...
Mr. De Yurre: Can you walk into this property, isn't that private property?
You can't walk in there and see it.
Mr. Rodriguez: Commissioner...
Mr. De Yurre: You have no right to do that.
Mr. Rodriguez: Commissioner De Yurre, I don't know if you're aware that among
the proposals by the owners of this property, they are trying to subdivide the
property to smaller lots and to have a street going through the property. So,
76 June 23, 1988
eventually, if they were to go through with their plans as originally
Proposed, they would have a street totning through the front of their house
that will be seen by everybody.
Mr. De Yurre: And then you wouldn't have anything historical left there, if
you put that street there. I think he's talking about a different
development. It's gone.
Mr. Rodriguez: It depends on how the layout is done, it could be done in a
proper way.
Mr. De Yurre: OK, well, I've had my say and, you know, I'm going to vote
against it so I don't know if there's a third vote or hot.
Mrs. Kennedy: Which would add to the traffic congestion in the Grove,
etcetera, etcetera, etcetera.
Mayor Suarez: We must, as we discussed these, try to stick to the criteria
that we're supposed to be applying so that we can defend our position in
court, so...
Mr. De Yurre: No, I'll have Miller read into the record that whole page that
he's got there. Don't worry about that.
Mayor Suarez: Not only with the reading of the criteria but with supporting
facts and expert testimony and so on. What are the important historic reasons
for the designation that you're proposing and I guess we ought to hear from
the neighbors association if they're going to testify on behalf of this
designation and...
Mr. Plummer: Are you the owner?
Shalie Stephen Fine, Esq.: I represent the owner, Mr. Mayor.
Mayor Suarez: And is the owner's position to be against, I gather?
Mr. Fine: Absolutely.
Mr. Plummer: Excuse me.
Mr. Fine: Yes, sir.
Mr. Plummer: For the record, your name.
Mr. Fine: Yes, sir. My name is Shalie Stephen Fine, I practice law at 19 W.
Flagler Street, Miami, 33130 and I am also the president of DeGarmo Estates
Corporation, the corporation which owns this property.
Mr. Plummer: Are you a registered lobbyist, sir?
Mr. Fine: No, I'm the president of the corporation and I'm an attorney.
Mr. Plummer: But that's even more the more reasons we want you to be
registered.
Mayor Suarez: Yes, if you're being compensated for your appearance, you have
to fill a...
Mr. Fine: I am not being compensated for my appearance.
Mr. Dawkins (OFF MIKE): He's not, he's speaking in behalf of himself.
Mayor Suarez: Yes, he says he's not being paid for his appearance.
Mr. Fine: And I'm representing my own company and I'm not being compensated
by my company for it so...
Mayor Suarez: OK, what makes more sense to hear from? I really don't care.
Sarah, have you basically completed the presentation on this?
Ms. Eaton: If you'd like me to go into why we're proposing the designation, I
can.
77 June 23, 1988
Mayor Suarez: please, in as brief a way as possible. We've got Many items to
go through today.
Ms. Eaton- The Walter Deoarmo estate was the home of and was designed by
Halter DeGarmo, who is widely regarded as Miami's most important early
architect. It is one of the very few intact estates remaining in Coconut
Grove and is an outstanding example of Mediterranean revival style
architecture.
Mayor Suarez: And the complex looks, more or less, how? As Commissioner was
asking, it's not apparent from Douglas what it looks like so unless you've
been in there, what does it look like? I mean...
Ms. Eatont There are photographs in your packet.
Mayor Suarez: Series of buildings or what do we have?
Ms. Eaton: Yes, there is one main estate that is very similar in design to
Villa Woodbine which you can see from Bayshore Drive.
Mayor Suarez: Yes, that's the difference between that one and this particular
case, that one you can see quite easily.
Ms. Eaton: And there is one small frame cottage that is in poor condition.
There's a CBS cottage as well with an adjacent garage.
Mayor Suarez: And what acreage are we talking about?
Mr. Fine: About 3.7, Mr. Mayor is approximately correct.
Mayor Suarez: And in the 3.7 acres is basically a single family residence, is
that...
Mr. Fine: Yes, there is one single family residence with approximately 4800
square feet and there is a guest cottage on the north side of the property
with approximately 1100-1200 square feet.
Mayor Suarez: And the present use is - is there someone living there?
Mr. Fine: The cottage is in use. The main house is not at the moment.
Mr. De Yurre: What are the taxes there?
Mr. Fine: The taxes last year, and I'm giving you round figures, were about
$16,000.
Mr. De Yurre: Sixteen thousand.
Mr. Fine: Yes, sir.
Mr. Plummer: Well, Victor, that's similar to your new house.
Mr. De Yurre: Not quite. Close, but not quite.
Mr. Plummer: Your's are more?
Mayor Suarez: Is there any particular reason why the main house is not being
used?
Mr. Fine: Yes and I can give you our whole position in about two minutes, Mr,
Mayor, if you want and..
Mayor Suarez; If you could just answer that question and then we...
Mr. Fine: Yes, it's not being used because the entire property has been sold
subject to the replat which is now pending before the City and which was
pending before the City when this zoning change was initiated, which, as I
understand the case law, you cannot do. You can't change the zoning once the
application has been made and that would be our first point of opposition as
well.
78 June 23, 1988
Mayor Suarez: Oh, because it is being sold presumably for subdivision
lots of what size is the contemplated use?
Mr. Vine: Yes, sir, it will be... The main house will sit on a lot of
approximately 22,000 square feet. The other, 1 believe there are ten lots,
will run in the area of ten to eleven thousand square feet.
Mayor Suarez: Would the main house be demolished and a whole new structure
built?
Mr. Vine: As I understand it, the person who is buying it intends to preserve
it and not to demolish it but they don't want to be restricted in terms of
what they do with it and the condition of my contract of sale does not relate
to this at all with either of the purchasers.
Mayor Suarez: Anything else?
Mayor Suarez: The civic association very briefly in support of the
recommendation of the City. When did you go from being a civic association to
being a civic club?
Tucker Gibbs: We've always been the Coconut Grove Civic Club.
Mayor Suarez: Sounds very club...
Mr. Gibbs: But we are an association. My name is Tucker Gibbs, I'm president
of the Coconut Grove Civic Club. We've worked long and hard on this
particular piece of property in doing research and working with the planning
department to have it designated as a historic site. The house is clearly
historic and despite what the applicant says, this particular piece of
property has an historic - it is basically historic and it has a - I'm sorry,
I lost my entire train of thought. The Coconut Grove Civic Club basically
supports this designation by the planning department.
Mayor Suarez: Aside from the history, is the architecture,
reminiscent of some period of time?
it's Mediterranean...
Mayor Suarez: I think you've made a statement to that effect,
Mr. Gibbs: It was built in 1921. It's one of the earliest examples of
Mediterranean revival, it's by Walter DeGarmo who was the preeminent architect
in Coconut Grove.
Mr. Gibbs: It's not a change in zoning. The particular zoning is going to
stay the same. The house he wants to keep as it is. In his plats he's
presented to the City, his proposed plats, there is...
Mayor Suarez: But you oppose the replatting so, in effect, you...
Mr. Gibbs: No, we didn't oppose the replatting. What he said was, each
parcel would be 10,000 square feet. If that's going to be the case, we're not
opposed to it. Our goal was to keep those lots 10,000 square feet. The
problem that platting streets was that they included the private road that he
had in there. The applicant included that private road in the square footage.
If you include it in the square footage, it's 10,000 square feet or more. If
you don't include it, they're down to nine and eight thousand square feet and
that's the problem. In terms of platting, that doesn't relate to this
particular issue.
Mayor Suarez: How can it be that small? Did I interrupt...
No - Mr. Rodriguez...
Mr. Dawkins: Ten thousand square feet,
Mayor Suarez: Sounds like 100 x 100.
Mr. Rodriguez: basically, yes.
Mr. bawkins: So you're going to have one lot 200 X 2601 then you w&ht the
rest of theft 100 x 100.
Mr. Gibbs: We - that's fine.
Mr. Rodriguez- The minimun, that the site could be is 10,000, It can be
larger than that.
Mr. Gibbs: That's fine.
Mr. Rodriguez: But the minimum size...
Mayor Suarez: Under which classification a minimum 10,0007
Mr. Rodriguez: I believe it's RS...
Mr. Dawkins: The issue is whether we're going to declare it historical or
not, that's the issue.
Mr. Gibbs: That's right.
Mayor Suarez: But I think it affects the size of the lots.
Mr. Dawkins: No, it doesn't.
Mayor Suarez: That's the question that we're all asking ourselves. Is the
designation going to affect per se the size of the lots?
Mr. Rodriguez: No.
Mr. Dawkins: Just a minute, Mr. Mayor. Mr. Mayor, Mr. Mayor, just a minute.
Who do you represent, sir? You, sir, the court reporter. Who do you
represent?
Mr. Gibbs: Him.
Mr. Fine (OFF MIKE): He represents me, Mr. Dawkins.
Mr. Dawkins: Sir?
Mr. Fine: He represents the owner, Mr. Dawkins.
Mr. Dawkins: OK, thank you.
Mayor Suarez: Does the designation affect the minimum size of the lots per
se?
Mr. Rodriguez: Not by right, no. The minimum size of the lot is ten
thousand. The only thing that I want to caution you is...
Mayor Suarez: Why is he talking about eight or nine thousand if the minimum
size is ten thousand no matter what?
Mr. Rodriguez: It cannot be less than ten thousand.
Mr. Gibbs: That's right.
Mayor Suarez: OK.
Mr. Rodriguez: But the only thing that I have to caution you and give you a
full answer is that if there were to be designated and the area that were to
be included were to be a minimum size area to maintain the character of the
property, it might affect the number of lots that he might be able to get out
of the subdivision.
Mayor Suarez: I suppose the issue of the road affects that...
Mr. Rodriguez; Right.
80 June 23, 1988
Mayor guarez: ... the main residence being kept in its present...
Mr. P1uFarner: And who's going to eolbpensate hi% for that?
Mr. Rodriguez: Nobody will compensate.
Mr. Plummer: Noboby's going to compensate?
Mr. Rodriguez: You make the decision over here when the plat and street
committee recommendation comes to you to approve to...
Mr. Plummer: Plat and street, plat, replatting is a matter of right.
Mr. Rodriguez: Right.
Mr. Plummer: OR, so don't come here and tell me we can deny him the right to
replat.
Mr. Rodriguez: You don't have to approve it.
Mr. Gibbs (OFF MIKE): At nine thousand square feet he can.
Mr. Plummer: We don't have to approve it but he has a matter of right in
platting, he can go direct to court and they're going to give it to him. The
only thing we do in platting is to make sure that the elements of all of the
access to the property is available. That's all we do in platting. City
Attorney has warned us time and time again that you can't stop a replatting if
everything is in accord. Am I correct? OR, so let's don't kid ourselves.
Mayor Suarez: Anything else on the...
Mr. Gibbs: No, our position is to support the designation and that it does
not take away any right that the property owner has because he's going to go
through the platting process, we are not opposed to his 10,000 square foot
lots if they are 10,000 square feet and this site isn't going to be affected
so....
Mr. Plummer: Well, Tucker, did you hear what he had to say?
Mr. Gibbs: Yes, I did.
Mr. Plummer: That it could affect at least two of his lots.
Mr. Gibbs: I understand that. Our position, though, is that that kind of
effect is so minimal, in terms of supporting the historic designation...
Mr. Plummer: Two 10,000 square foot lots in Coconut Grove is minimal?
Mr. Gibbs: And he's going to sell is two 10,000 foot square lots with an
existing house on it and make a profit on it. We're not arguing that.
Mr. Plummer: OR.
Mr. Gibbs: We're arguing that that house has some historic significance and
it deserves to be preserved, some part of heritage.
Mr. Plummer: How about if we just designate the house and not the rest of the
property?
Mr. Gibbs: Sarah.
Mayor Suarez: What about taking the most historically significant portion of
this by everybody's estimate and declaring that historical, the house?
Ms. Eaton: The planning department could look into it and draw the boundaries
that way. We still support the designation of the entire estate, however.
Mayor Suarez: And also limit the parcels very clearly, emphatically to no
less than 10,000 square feet, which is what you've told us is the minimal
limitation anyhow. I suppose that will be up to us at a later point.
Mr. Gibbs: Yes.
81 June 23, 1988
El
Mr. Plufth@t. Let Ito ask one other Cuestioh. Sir, when did you file Your
application?
Mr. Fine: My recollection is that the applitatibh has been pending for about
six or seven months now.
Mr. Plummer: Since you filed your application?
Mr. Pine: Since we filed it and before this zoning change was initiated.
Mr. Plummer: Mr. Rodriguez, why was his replatting held up, sir?
Mr. Rodriguez: My understanding, from talking to the department of public
works, is that he was asked to resubmit some information and he hasn't.
Mr. Fine: We haven't because while this is pending, we're frozen. You can't
get the plat through, you can't go anywhere with it, you've had us backed up
for the last six months.
Mr. Plummer: No, sir, it's not frozen.
Mr. Rodriguez: Let me tell you what happened. I remember now the issue.
Mr. Plummer: No, no, no, if I find him playing games, that's what I'm trying
to find.
Mr. Rodriguez: Moi? In the proposal that he had, he had to have a minimum
size of ten thousand and the lot that he was proposing was less than ten
thousand. So he wasn't meeting requirements. He...
Mr. Fine: Incorrect.
Mr. Rodriguez: Well, that's the information that I have. That the lots he
was using, the size of the lot he was counting to the middle of the road way,
I believe, and - right? And, for that reason, he didn't have a net lot area
of ten thousand. We advised him and he has chosen not to resubmit.
Mr. Fine: Mr. Plummer, that is not correct.
Mr. Plummer: What is correct, sir?
Mr. Fine: The plat as submitted meets code, it asks for no variances, it asks
for no adjustments, it meets the code in every respect. We have not pressed
the plat with the plat...
Mr. Rodriguez: May I...
Mr. Fine: ... excuse me, let me finish, please, sir, and then I'll be happy
to accommodate you.
Mr. Rodriguez: Sure.
Mr. Fine: We have not pressed the plat because after the plat was in the
first meeting of the plat and street committee and, in fact, they had issued
their first letter rather than go back to them, the City initiated this zoning
change and part of the zoning change, of course, means that we can't get
through historic preservation which we're required to under the old platting
and we're frozen.
Mr. Plummer: Not if your application was in prior.
Mr. Fine: Well, the point is, I agree with you if we litigate that question,
that's going to be correct. They are going to hold, there's no doubt about
it, that you cannot change the zoning once our application is submitted. But
if the City people say you're frozen, then our other alternative...
Mr. Plummer: But you're not frozen, that's the point I'm trying to make
because I'll tell you something. If that, in fact, is the case, I would make
a motion before this Commission to instruct the City Attorney not to litigate
it.
82 June 23, 1988
Mr. Fine: Well, tan I give you My position so you have the whole thing and
maybe that'll put it in perspective.
Mayor Suarez: It seems we have a pretty good idea what your position is, but
if you want to...
Mr. Fine: Well, there's several more points, Mr. Mayor, and I'd like to make
them briefly. For one thing, as I say, this application was pending when the
zoning change and it's unquestionably a zoning change, was proposed by the
City and the cases clearly say you can't do that. For another thing, this
house sits in and among between twenty and thirty other houses, all of which
are equally historic and they've picked out this house to designate as
historic and I think that's called spot or strip zoning and you can't do that.
Why is this house getting designated when the three or four or five or twenty
houses, and I can point them out to you on the map, which are equally historic
aren't being touched? The third thing is that this matter went before the
planning board and we got no notice of that,which I think is a slight denial
of our due process, right? The right to appear and be heard before the
planning board. And fourthly, as I've already pointed out...
Mayor Suarez: Do you have a regular mail pickup system over there?
Mr. Fine: I have an office, yes, it all comes to my office, I'm a sole
practitioner. I mean, is...
Mayor Suarez: Your office is right in the premises?
Mr. Fine: No, my office is in the 19 W. Flagler which is where they serve...
Mayor Suarez: No, but I meant on site, maybe the notices were sent to the
site and since nobody lives there...
Mr. Fine: I can't imagine why they would do that because they noticed me at
my law office for the historic preservation board meeting and they noticed me
at my law office for this meeting. However, the last point I would make is
that this property as I say is sold subject to the plat for $2,085,000 to
close immediately upon the plat being recorded. And to answer your question,
Commissioner Plummer, about who's going to pay me for it, I'm going to take
the position that since this zoning change is illegal, if I lose my sale, this
is a constructive condemnation by this City and I'm going to ask that the City
pay me the $2,085,000 but if you want to do that, I've offered it to the City
for that price from day one. I can't even get the City to get somebody to
take one of these historic buildings off my property when I told them I'd
donate it to anybody who'd move it.
Mr. Plummer: Do you know their track record on moving buildings?
Mr. Fine: Yes, sir. Oh, yes, sir.
Mr. Plummer: Do you remember the rocks all over MacArthur Causeway? Do you
remember that on Sunday afternoon, we had the Brown house from one side of the
causeway to the other side of the causeway.
Mr. Fine: Yes sir, oh, I remember it clearly. I know about Dr. Cleveland's
house.
Mr. Plummer: I'm glad they didn't take it.
Mr. Fine: I know about Dr. Cleveland's house that Dave Hill's got stashed
somewhere because he can't get someone to take...
Mayor Suarez: OK, that completes your presentation, we're going to have to
move on this.
Mr. Fine: That's it.
Mayor Suarez: We have many, many items.
Mr. Rodriguez: Mr. Mayor, could we have something for the record one second
because I think since a records being established, we should get the chairman
of the platting and street committee to clarify the issue of what happened at
that meeting.
83 June 23, 1988
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Mr. Jim Kay: Mr. Mayor, at the plat and streeting committee meeting, I
believe it was in April, that the DeGarmo estates tentative plat was denied by
the plat and street committee for not meeting minimum requirements, namely lot
size, for one, and the owner was so notified in writing of this shortly
thereafter and it's been on the record for at least a couple of months.
Mr. Fine: If the plat and street committee holds to that view on the replat,
we'll have a litigation and find it out because this plat meets every
requirement of this City. However, that's not the issue here as been pointed
out many times. The question is...
Mayor Suarez: I'm sure that regardless of how this comes out today, your plat
will comply in all respects with the regulations of the City, I guarantee you
that.
Mr. Fine: I'm sure it will and we want it to, we're not telling you it won't.
Mr. Plummer: Well, let me ask one other question. Why - he brought up a
point - why was this property singled out when there are other properties
right there that are not being asked to have the same designation?
Ms. Eaton: Because this is the most important historic site in the area. It
was not only designed by Walter DeGarmo, it was also DeGarmo's own home. It
is also the best example of the Mediterranean revival style in that portion of
Coconut Grove and the other houses in the area, although also historic, are
not nearly as significant as this particular one. And we had been asked by
the Commission and the heritage conservation board had wanted us to establish
priorities for designation, so we were proposing the most important properties
first.
Mr. Fine: Mr. Commissioner, there is a Walter DeGarmo style Mediterranean
house directly to the west of this on Utopia which was developed by Mr.
DeGarmo. Mr. DeGarmo's first house, the house that he moved into this one
from, which was built in 1913, is directly adjacent to this house on E1 Prado,
it's presently occupied by my friend, Mr. Abrams. There are any number of
historic houses relating to Mr. DeGarmo in the immediate area, none of which
have been designated as historic.
Mayor Suarez: OK. Anything further from the Commission? Last statement.
Mr. Michael Mail: Mr. Mayor, my name is Michael Mail, I reside at 3907 Utopia
Court which is directly adjacent to the property in question. I am the
secretary of the E1 Prado Area Association. With me is Mary Weber, the
president and Ira Abrams, another officer of the corporation and in the
audience and, by the way, I might just add that we represent about 50 families
in the area on El Prado and we are in favor of the historic designation of
this property. We want to preserve what is there. We want to preserve the
character of the neighborhood and we feel that a willy-nilly development of
this property will hurt everything in the neighborhood and change the
character of the neighborhood.
Mayor Suarez: Your appearance here is on a pro bono basis or you're not being
compensated?
Mr. Mail: Yes, it is. Yes, it is.
Mayor Suarez: OK, do you want to raise hands, all those that are part of this
effort and join in this opinion. Thank you.
Mr. Mail: Mr. Mayor, I'd just like to point out one individual, Ken DeGarmo,
the son of the original architect. Ken, would you stand, please?
Mayor Suarez: OK.
Mr. Ira Abrams: If the Commission please, Mr. Mayor, my name is Ira Abrams.
1 live in the house directly adjacent to this property, it's a 3.8 acre tract.
The house in question is the house that Walter DeGarmo had as his focal point,
his beginning point to his illustrious architectural career. The house in
which I live which was built in 1910 was built by Walter DeGarmo's parents and
it is a historically significant property. What we are talking about here
today it seems is a collision between economic interests on one hand and the
84 June 23, 1988
interests of the City to preserve that which has made Coconut Grove and the
City of Miami as sought after a place to live as it is. History and money are
colliding on a direct course. It seems to me that this Commission has got to
balance those interests and the preservation of this property as a historical
site is as important a focal point for that balancing of interests as any
issue that's come up before the Commission in conjunction with the historical
site designation. This is not spot zoning by any stretch and I think there
should be unanimous agreement on that. It's really a question of whether this
Commission thinks this property is significantly important enough to designate
historical. Sometime or another, this Commission has got to say, enough
development, enough. We've got to preserve that which is beautiful in the
Grove and certainly this particular property is worthy of that designation.
Mr. Plummer: Is your particular site to designated?
Mr. Abrams: No, but I'd be willing to have it so designated.
Mr. Plummer: I mean, do you want it designated?
Mr. Abrams: Yes - if, if...
Mr. Plummer: That's fine. Hey...
Mr. Abrams: ... if this property were designated, I'd have absolutely no
problem.
Mr. Plummer: No, sir, no, sir, I'm talking about just you. Are you
interested in having yours, since yours is older than this one?
Mr. Abrams: Yes, sir. I have no problem with that whatsoever.
Mr. Plummer: OK, then start the proceedings. Start the proceedings.
Mr. Abrams: And I've told Sarah Eaton that from the word go.
Mr. Plummer: Fine, I think that's great. You own it and you want it done. I
would tell them to expedite it. Get his property so designated.
Mr. Abrams: Mr. Plummer, that is not really the issue here today although as
I say...
Mr. Plummer: No, sir, I didn't say it was the issue.
Mr. Abrams: As I say, I have no problem personally with my own property
because I do have a sense of obligation to that tradition.
Mr. Plummer: Sir, you want it and I think you ought to have it.
Mr. Abrams: But the issue is, if the property owner, as in this case, does
not want it because he wants development, does this Commission have any duty
to designate it over his objection, that's really the issue.
Mr. Plummer: And if we do, we have the right to compensate him for those
rights which we took away from him.
Mr. Abrams: Yes, sir. The economics are not really what I came up here to
argue and I think the real issue is a moral issue as well as a legal issue.
Mr. Plummer: Sir, there is the financial issue, there is no question.
Mr. Abrams: Yes, sir, I don't deny that.
Mr. Plummer: The integrity of a person's rights with their property. They
bought it as such, they have every reason to believe that that integrity what
they bought will remain. And it's just that simple.
Mr. Abrams: Well, I certainly don't want to engage in that kind of a debate
with you, Mr. Plummer..,
Mr. Plummer: No, sir, I...
Mr, Abrams: And I think...
85 June 23, 1988
Mr. plutwer: I just hope that they will expedite getting yours done so that
that's what you scant, that's ghat you'll have:
Mr. Abrams: Well, having trine designated doesn't really address the issue
before the Commission but I've stated toy position.
Mayor Suarez: We're mindful of that, Mr. Abrams.
Mr. Abrams: Yes, sir, thank you.
Mr. Plummer: Especially if we don't do this one, yours would be a good
substitute for it.
Mr. Abrams: No, it wouldn't. If you knew the area, you would know exactly
why. Thank you.
Mayor Suarez: OK, anything from the Commission? Motion one way or the other?
Mrs. Kennedy: Well, I think that because of it's historic significance, every
attempt should be made to preserve this estate and I'm going to move.
Mayor Suarez: I second.
Mr. Plummer: Motion made and duly seconded. Is there any further discussion?
Hearing none, call the roll. Wait, wait a minute. Is this an ordinance?
Mayor Suarez: Yes, you ought to read the ordinance in case it passes.
Mr. Plummer: Read the ordinance first, I'm sorry.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mr. Plummer: Any further discussion? Hearing none, call the roll.
ON MOTION DULY MADE BY VICE MAYOR KENNEDY AND SECONDED BY MAYOR
SUAREZ, THE PROPOSED FIRST READING ORDINANCE (PZ-18) FAILED BY THE
FOLLOWING VOTE:
AYES: Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: No, and for the reasons so designated by Commissioner Dawkins in
the previous about not being compat... would you read those guidelines that
had to be met? I don't think it meets those guidelines.
Mr. Dawkins: I'm voting no because it is contrary to the established land use
pattern. It is out of scale with the needs of the neighborhood. It will
adversely influence living conditions in the neighborhood. It will adversely
affect property values in the adjacent area and it will be a deterrent to the
improvement of development of adjacent property in accordance with existing
regulations and, therefore, we vote no.
86 June 23, 1988
23. DISCUSSION REGARDING COMPREHENSIVE PLAN PROCESS FOR THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN (1989-2000).
Mayor Suarez: OK, item PZ-19. Comprehensive Plan. Anything controversial or
substitive on this, Sergio?
Mr. Sergio Rodriguez: No, sir.
Mr. Dawkins: Mr. Mayor, we have a...
Mr. Rodriguez: It will be eventually and we want to make you aware today of
that.
Mayor Suarez: Wait. Commissioner.
Mr. Plummer: In what way will it eventualiy7 You're saying it's going to be
controversial...
Mr. Rodriguez: Yes, I don't know if you have been following the news in the
paper in relation to the county and the county is a major issue of what is
happening with the comprehensive plan. The new growth legislation that had
been passed by the state in 1985 requires that you have infrastructure to
serve that development that you approve. Anytime that you have in your plan
any development, the development has to follow the comprehensive plan, the
land use plan that we'll have in the future and it will have to follow also
the elements, which I call elements, required in the state legislation. Any
decision that you make in the future because of the state law, will require
that compliance with the plan and any zoning decisions will also have to
comply with the plan. We're trying to make you aware because in July 28th,
you will be asked, or whenever we have the second Commission Meeting in July,
you will be asked to transmit the plan to the department of community affairs
for their review and comments. Then we have a period of time in which they
themselves will make comments and then it will come before you sometime in
November or December of this year and after you review it again and hear
different positions by different people affected by it, you will make a
decision in January of '89. In the county have been extremely controversial.
In the City I believe there will be probably some controversies depending on
the areas in which there are proposed changes. Anytime that we make a change
in the plan that will increase intensity of development, for example, we have
to make sure that the level of service will not get worse category. In the
area downtown, will probably be, in my opinion, better off in the sense that
we went to the DRI process that identified certain mitigation factors. In
other areas of the City, I am not so sure. In addition to that, there have
been a series of studies that have been required requested by you at different
points and there have been decisions that have been postponed because of some
of the limitations that we have in the law now as to changing areas in the
City.
Mr. Plummer: Well, let me ask this question, in the areas that are going to
be controversial, have you had public hearings in those areas to inform the
public of what is being proposed?
Mr. Rodriguez: I want to refer you to the...
Ms. Anne Marie Adker (OFF MIKE): Not yet.
Mr. Rodriguez: ... record in item 19, to the third page that will be included
in the record all the meetings that we have had so far. Like everything else,
I want to make you aware also that even when we have public hearings on this
and meetings, people don't usually react to something unless they see their
property specifically affected by it. So, we have had participation by
different advisory committees and boards and members of the public in some
cases, but not the kind of participation that you should expect in public
hearings when you have them in the future and probably the planning advisory
board.....
Mr. Dawkins: OK, answer my a question.
87 June 23, 1988
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Mr. Rodriguez: Yes, sir.
Mr. Dawkins: What did we have to do, or what did we do with number six and
why are we involved with mass transit when that's the county functioning, not
ours?
Mr. Rodriguez: The state law has, as requirements, all those elements which
are shown over there and we have to identify in our plan how specifically we
are dealing with mass transit, even if number seven, for example, how do we
deal with important aviation facilities even when they're not within the City?
Mr. Dawkins: All right, well what do we have saying how we're going to deal
with it?
Mr. Rodriguez: In that particular element, you have goals and objectives and
basically some of these...
Mr. Dawkins: Where are they?
Mr. Rodriguez: That's what you're going to bring in July 28th, we don't have
them here.
Mr. Dawkins: Beg your pardon?
Mr. Rodriguez: That's what we will bring before you on the second meeting of
July. Basically, what we will be saying is, this the level of service that
you are getting through mass transit and this is the areas in which you have
services and so on.
Mr. Dawkins: OK, all right, then at five and seven has been discussed with
Anne Marie Adker and Father Barry and the others in that area in that the port
and all the traffic coming from the port cause a traffic circulation problem
in that area.
Mr. Rodriguez: I want to remind you there will be a meeting on the 29th.
There have been presentations made on portions of this to the community
development advisory committee, among other places...
Mr. Dawkins: OK...
Mr. Rodriguez: ... remember that we have over here, Commissioner Dawkins, in
cases where we have elements that are not the full responsibility of the City,
like port and aviation, that we have to depend on the information or what is
presented by the county and presented as part of the plan because of these
state requirements.
Mr. Dawkins: OK, well...
Mayor Suarez: And mass transit too as he indicated, Commissioner indicated.
Mr. Dawkins: All right, be sure I get the goals and objectives for five ,
six, seven and ten - ten, OK?
Mr. Rodriguez: You will get all of them. You will get actually all of them.
It's a fairly thick document, it's a lot of work that have been required from
us by the state. The whole state is going through this now. There are
serious questions throughout the state as to how we're going to take care of
the infrastructure needs to take care of all the development in the future.
In areas that are undeveloped, like in the county in the areas close to the -
the undeveloped areas of the county close to the Everglades and so on, the
issue is much more complex than the one we have here but we would have, you
know, controversies.
Mr. Dawkins: Well see but the things that you should be giving us is one,
two, three, four and six and five so that when the developers, everybody come
down here saying that we should not pass an impact fee, the reason you got to
pass an impact fee is because the state is demanding that we provide these
things and nobody wants to pass a bond issue to do it, nobody wants you to
raise their taxes to do it, so how else can you do it? And these are the sort
of things, in my opinion, that the administration should provide us with up
here in order to give people when they come down here asking why we got to
have an impact fee.
88 June 23, 1988
Mr. Rodriguez: You will get all of that and this is a preview of what you
will be getting which is a lot of paper, you know, with a lot of comment.
Mr. Dawkins: Well, see, that's what we pay you for, to tweed through the lot
of paper and give us a summary.
Mr. Rodriguez: No, no, this is a weeding. This is a summary, what we're
giving you is a summary. Believe me, the appendix, because of the state
requirements are incredible that we have to fulfill.
Mr. De Yurre: Sergio.
Mr. Rodriguez: Yes, sir.
Mr. De Yurre: We're discussing possibly building an administration building
down the road, baseball stadium, youth centers. Does that come down under
number eight?
Mr. Rodriguez: It will be under number - well, partly in number eight and it
will say number twelve which is capital improvement. Anything that is a
physical structure or...
Mr. De Yurre: And you're making - in the package that's going to be
presented, you're stating these facts and you're taking this into
consideration.
Mr. Rodriguez: Some of the things are, some are not and that's what I...
you're going to have to make sure that we cover every desire of the
Commission.
Mr. De Yurre: Come July 28th and you bring this before the Commission and it
has to be approved by the Commission.
Mr. Rodriguez: The Commission that day what is approving is the transmittal
to DCA.
Mr. De Yurre: Well, if we're in accord with what is being presented...
Mr. Rodriguez: If you're in accord - you have to transmit by September 1st...
Mr. De Yurre: OK, let me ask you this, you know...
Mr. Rodriguez: You have then, two hearings after that...
Mr. De Yurre: After when?
Mr. Rodriguez: After the transmittal to make it official in the ordinances.
Mrs. Kennedy: Victor, can we just go over the - yes, go over that time frame.
It goes to Tallahassee in September, they have 90 days, it comes back to us,
we have 60 days...
Mr. Rodriguez. Basically, let me follow on this, we send this by September
1st we have to transmit no later than, that's the requirement, then they have
45 days by - to DCA, to receive comments on this from the state regional and
county reviewing agencies. Then they have 45 days after that to send all the
comments consolidated by DCA so there we have 90 days already going through,
from September 1st, 90 days after that, to consolidate all the comments and to
deal_ with that. Then the City has 60 days to, by ordinance, adopt or adopt
with changes the comprehensive plan.
Mr. De Yurre: OK. Let me ask you, the changes that you're mentioning, are
those changes that come about because of the comments that we get from the
state or can we, when we get it back, make changes on our own because we want
to change it?
Mr. Rodriguez: My understanding is that you can make changes based on your
own decisions because you feel that this a plan that we should have to guide
the future of the City.
89 June 23, 1988
Mr. be Yurre: OK, but it's riot precluded to comments that they Make oh
certain items.
Mr. Rodriguez: No.
Mr. De Yurre: it they say nothing y- if they only make a comment about number
lb and we have to address that and make changes on number 10, can we go ahead
and make changes on any other number or any of the other items that we may
feel that need that?
Mr. Rodriguez: No, the...
Mr. De Yurre: Yes or no.
Mr. Rodriguez: No, what I'm saying yes, you can make changes. That's the
latest legal opinion that heard in the cases of all the other municipalities
which are going through this. This is fairly new, this is a first group of
municipalities which are going through...
Mr. De Yurre: OK, if we're talking about legal issues, Jorge.
Mr. Jorge Fernandez: Yes.
Mr. De Yurre: What is the answer to that, are we committed only to making
changes that are brought about by inquiries by the state or can we, on our
own, make changes down the road before the final product?
Mr. Fernandez: I think we could make changes down the road but in
consultation with the state. I mean, it's not something that you could do
without any further input from the state.
Mr. De Yurre: Is that any different from what we're doing right now in our
initial package?
Mr. Fernandez: Well, this is a brand new process for all the municipalities
in the State of Florida and it is different, yes, from what we do now.
Mr. Plummer: Julio.
Mr. De Yurre: OK, well, no what I'm talking about is, is it any different,
that procedure, after we send the package than what we're doing right now
preparing the package? As far as the decision making process is concerned.
You understand what I'm saying? We make decisions right now that are going to
be sent to Tallahassee September 1st.
Mr. Fernandez: Yes.
Mr. De Yurre: Now, can we make those same decisions down the road after we
get the package back from Tallahassee or are we excluded from making those
changes and we only have to deal with those points that Tallahassee makes
reference to when we get the package back?
Mr. Fernandez: My belief is that, up until the time that this whole process
becomes final, that the City has an opportunity to make additions or to make
more recommendations. Once the State of Florida has finally approved and
accepted that which we have submitted, thereafter I think that we will have to
take the state into account.
Mr. De Yurre: I'd like to have a legal opinion on that within how many - how
many days do you need for that?
Mr. Fernandez: Give us five days.
Mr. De Yurre: OK, five days, I want a legal opinion on that. Now, because
the point I'm trying to make is, you guys are coming to us July 28th - there
are no meetings in August because we don't meet in August - so that means that
either we fish or we cut bait July 28th. I mean, you're cutting it way short.
Mr. Rodriguez: Listen, we had two years to prepare this, that if you were to
look at the amount of work that we have to prepare, we are rushing at this
point to make the deadlines which is no different than any of the other
municipalities in the state. The amount of requirements from the Gross
Legislation Act is incredible. And we have to comply with it.
90 June 23, 1988
Mayor Suarez: And, Sergio, as part of your participation on my behalf and the
0overhor's task force, and otherwise vith our lobbyists, some of whom 1 note
that they're here today, I hope that we convey back to Tallahassee that as
applied to the City of Miami, the growth management legislation is creating
Incredible problems for us. I happen to think it's probably totally unneeded
as regards to us because we have a pretty good idea of our own growth
management and our own infrastructure needs and so on. And generally, just
becoming an imposition on us and I'm reminded of the league of cities in
Commissioner Plummer's initiative to force them to pay for whatever they
impose on us and hope that we continue to convey that message back to
Tallahassee with their 20 billion dollars budget. And particularly, when it's
just not needed. I mean, all of this in regards to Miami is really not
needed, we're doing quite well of managing our own infrastructure without any
particular help from the state except when they have to divvy up monies and
then we, of course, want to get our fair share. But, I mean, in the actual
management, ve don't particularly need their help. I don't even know why this
legislation was ever passed.
Mr. Rodriguez: One of the concerns that I have and that's what I didn't give
you an answer, Commissioner De Yurre, is that there's a lot of uncertainty at
this point. Really.
Mr. De Yurre: Well, but we have to know, you know, I can't deal in
uncertainties, you know.
Mr. Rodriguez: I know. Sure, but I mean in this particular case, this is a
new...
Mayor Suarez: Not to mention the complexity of it. The complexity and the
uncertainty of it is incredible.
Mr. Rodriguez: Very, it's incredible. We ask, we don't get a straight
answers in Tallahassee on some of these questions that you have asked.
Mr. Plummer: Well, yes, but here again, the thing that had to be taken into
consideration, because I sit on that committee as you well know. There are
going to be monies that are going to be generated by the State of Florida for
infrastructure needs. Now, beyond that, there are going to be monies
generated for water, for traffic, for transportation, all of these things.
And they're saying that every county, you've got to take and put forth a plan
so that they can know how to divvy up these monies in the infrastructure fund.
And 1 assume that that is a logical conclusion that if they don't have your
plan, they don't know what your needs, that they're not going to be giving you
any of that state money.
Mr. Rodriguez: That's the carrot part of it.
Mayor Suarez: Meeting the minimum requirements of...
Mr. Rodriguez: The stick part is the other one that we are concerned, you
know, as you know.
Mr. Plummer: Oh, yes.
Mayor Suarez: That's the counterpart, you said?
Mr. Rodriguez: No, this is the carrot part of the whole issue that we're...
Mr. Plummer: This is the carrot to make you...
Mr. Rodriguez: ... they're saying that we have the possibility of getting
funds...
Mayor Suarez: I thought you said counterpart.
Mr. Rodriguez: ... and the other concern that I have is the stick that, what
is it, what happens if we don't conform?
Mayor Suarez: I am very concerned about the stick and I'm not all the excited
about the carrot...
91 June 23, 1988
Mr. Plumes: Weil, usually we gat the..,
Mayor Suarez., but As long as theta is a tarr6t thane, we want a fair
share of the carrot.
Mr. Plummer: Usually we get the tarrot and they beat us with the Stick:
Mayor Suarez: OK, anything further on this item before we take a vote? Anne
Marie.
Ms. Anne Marie Adker: Mr. Mayor, I'm Anne Marie Adker, 407 N.W. 5th Street.
Mr. Plummer (OFF MIKE): There's really no vote on this, is it? It's just a
discussion item.
Ms. Adker: In April of this year, we became concerned enough after hearing
about your comprehensive plans, that we invited your senior planner, Jack
Luft, to a meeting of the Overtown Advisory Board - this was in April - to see
the master plans already put in place. Of course, at that time, we saw
nothing was in that plan for Overtown with the exception of two streets to be
reconstructed. We're very interested in the comprehensive master plan and we
want to go beyond the year 2000, we would like it done for the next fifty and
make sure that Overtown is still around. So...
Mayor Suarez: I guess this is the first step.
Ms. Adker: ... hopefully, they will get around to Overtown so that we would
be able to have some input into the plan.
Mayor Suarez: Thank you for your comments, Commissioners.
Mrs. Kennedy: Mr. Manager, are you asking us to take any decision on this
today - just a discussion?
Mr. Plummer: It's just discussion.
Mr. Rodriguez: No, it's just to inform you.
24. CONTINUE TO JULY 21 MEETING PROPOSED RESOLUTION TO AMEND THE BAYSIDE
SPECIALTY CENTER MAJOR USE SPECIAL PERMIT (499 BISCAYNE BLVD.).
Mayor Suarez: OK, item PZ-20 real quick and I know that Commissioner Dawkins
wants to handle an item that we had previously scheduled for 2:00 p.m. which
was the emergency loan program. It had been postponed from a prior meeting.
Mr. Rodriguez: Mr. Mayor, I would like to continue item PZ-20 to the next
planning and zoning meeting of July.
Mayor Suarez: That's great. I'll entertain a motion to so continue.
Mr. Plummer: So move.
Mayor Suarez: Moved, do we have a second?
Mrs. Kennedy (OFF MIKE): Second,
Mr. Dawkins (OFF MIKE): Second.
Mayor Suarez: Seconded, Any discussion? Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER DE YURRE, ITEM PZ-20 WAS CONTINUED TO THE NEXT
PLANNING AND ZONING MEETING IN JULY, 1988 BY THE FOLLOWING VOTE:
92 June 23, 1988
AYtS: Comrniasioher Victor be Yurre
Cotmhissioher Miller J. Dawkins
Cbfitt,issioher J. L. Plummer, Jr,
Vice Mayor Rosario Kehhedy
Mayor Xavier L. Suarez
NOES: Nohe.
ABSENT* Nohe,
NOTE FOR THE RECORD: AT THIS POINT, MAYOR SUAREZ RECOGNIZED
SENATOR JACINTO B. REYNADO FROM THE DOMINICAN REPUBLIC.
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25, RESCHEDULE SECOND REGULAR CITY COMMISSION MEETING OF JULY, 1988, TO TAKE
PLACE ON JULY 21.
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Mayor Suarez: While he passes that out, are we set on the second meeting in
July to be on July 21st? I know that Commissioner Plummer may conceivably
have to go to California but unless we're really unlucky, hopefully, he won't
land on exactly the same day. Is the subpoena actually for the 21st?
Mr. Plummer: No, it's the, I think, the week of, Mr. Mayor.
Mayor Suarez: They give you a whole week?
Mr. Plummer: They're talking about that I would testify somewhere in the week
of the 21st.
Mayor Suarez: And Commissioner Dawkins is requesting the meeting for the
21st, so I guess the best we can do is try for the 21st. Is that all right
with you?
Mr. Plummer: That's fine with me, sir.
Mayor Suarez: I'll entertain a motion to that effect for the second meeting
in July.
Mrs. Kennedy (OFF MIKE): Move it.
Mr. Plummer: So move
Mayor Suarez: Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-577
A RESOLUTION RESCHEDULING THE SECOND REGULAR CITY
COMMISSION MEETING OF JULY, 1988 TO TAKE PLACE ON JULY
21, 1988 AT 9:00 A.M.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None,
93 June 23, 1988
26. INSTRUCT MODEL CITIES SMALL BUSINESS DEVELOPMENT PILOT PROGRAM LOAN
COMMITTEE TO RESUME PROCESSING PREVIOUSLY FILED APPLICATIONS WITH
VARIOUS OTHER STIPULATIONS (SEE LABEL 33).
Mr. Dawkins: Why is it we've been handed this document now?
Mr. Plummer: What document? Oh.
Mr. Dawkins: This one right here.
Mr. Plummer: Is this the one they just threw in front of us?
Mr. Frank Castaneda: Right. Commissioners, we were waiting for the letter
from Ed Duffy and he's here to answer questions on the procedures that were
utilized. The rest of the items is that Commissioner Plummer wanted to know
how old the loans were disbursed and whether the amount of money had not been
disbursed and that is included in the back for any questions later on. I
don't believe that the document is critical to be utilized during the meeting.
Mr. Dawkins: OK, you may be right but I feel that it's critical for me to
have had it in order to read it so that I'll know to discuss intelligently
what's in it.
Mr. Odio: You're right, Commissioner, we should have had it before. You're
right.
Mrs. Kennedy: I absolutely agree with you. Item 20 on our agenda says,
information will be passed on to you later on. I have not received anything
until right now.
Mr. Odio: This is the first time and...
Mrs. Kennedy: And it's not fair to do this to us.
Mr. Dawkins: OK, well I guess we'll have to hear from Mr. Duffy because he
did take time out from his bank but this I'm not going to even entertain
until, you know, we've had time to review it, please.
Mayor Suarez: Yes, we're obviously after the hearing today, going to need
additional time to review all the materials and digest this and see what we
come up with but at least we'll start taking testimony and suggestions. Mr.
Duffy, good to have you. Thank you for serving on that board, thankless task.
Mr. Edward Duffy: Thank you, Mr. Mayor, and the Commissioners. I hope you
all received my letter dated June 14th because that was sent out earlier than
today. It was the final report that I was sending to you. Mr. Mayor, my name
is Edward Duffy and I'm vice president of Capital Bank and chairman of the
Model Cities Pilot Loan Program and I'm here today because one of the
assistant managers, assistant city managers, Miss Bellamy, excuse me, had
asked me to come down here, and I'd asked to come before out of concern, not
only for the loan committee, but for our community. As you probably know,
I've been with Capital Bank for nearly 24 years and I worked in the Liberty
City and Miami community free of charge for all of those 24 years. I
understand I was away on my honeymoon at the last Commissioner's meeting.
There was some concern from some of the merchants and the citizens of Liberty
City and Miami in regard to the Model Cities Pilot Loan Program. So I would
like to, if I may, set the record straight and if they have any question, I'll
be happy to try to answer them.
Mr. Plummer: See, that's what happens, every time you go a honeymoon.
Mr. Duffy: That's correct, Commissioner, correct. Anyway, in October we were
asked by Commissioner Dawkins to serve on this committee and we was elected
chairperson for the Model Cities Loan Pilot Program. At the outset, I said to
the committee members that $573,000 was a start, but certainly it would not
cure all of the ills of the merchants of model cities and Liberty City. We
94 June 23, 1988
i
were told by the taodels, Martin Luther icing Development Corporation and also
which I sent to you, a resolution designating them as the governing body that
we serve at the pleasure of the Martin Luther King bevelopment Corporation.
And that went along until December when I believe Mr. be Yurre came on the
Commission and raised questions about certain guidelines were not in effect.
There was a temporary hold placed on the lending process until we met with you
all.back in January of this year. At that time, Mr. Mayor, you asked me and
the loan committee people to come up with some guidelines, and I said to you
at that time, that I felt it was you and the Commissioners' job to come up
with the guidelines. However, I did have a set of guidelines in my brief case
but I did not present them to you nor the Commission nor the members of the
loan committee but I placed them in my heart and I'm going to tell you them
now. It was credit, character, capacity, longevity, type of businesses, goods
and services sold, number of employees, location, knowledge of business, what
impact does business have on the community, checking account and joint
checking account. I think these things were very important. At this
committee...
Mayor Suarez: At any time was one procedural issue, which is not really a
criteria but maybe should have been, which was whether the screening committee
had recommended or not recommended a particular loan. Was that included in
the criteria as you saw them?
Mr. Duffy: No, I'm going to get to that right now, Mr. Mayor. Be prior to
the...
Mayor Suarez: Because I think we miscommunicated on that. The Commission
thought that anything that was not recommended by the screening committee
would not even be contemplated by the loan committee and I guess...
Mr. Duffy: That was wrong. Prior to the January meeting, as I stated, we
served at the pleasure of the Martin Luther King and it's a resolution
attached in the letter you received from me, it states that you signed as
Mayor. Mr. Mason and his board gave us our instruction. The instruction we
received from day one was this, the screening committee could present, for
arguments sake, a loan for $50,000. We could accept it, we could delete,
amend, or totally reject. That was the information we received from Martin
Luther King. And only, I think, three loans approved under those guidelines.
After Mr. De Yurre raised his question, when we were here in January, the
minutes of this Commission should reflect you all gave us carte blanche
authority.
Mayor Suarez: We gave you the ultimate power.
Mr. Duffy: That is true.
Mayor Suarez: We still thought, I think for myself, I thought that you would
still only be taking those cases referred to you by the screening committee.
Mr. Duffy: No, Mr. De Yurre...
Mayor Suarez: But we did state pretty clearly that you had ultimate power and
in a sense we made it sound like absolute power...
Mr. Duffy: That is true. And Mr. De Yurre stated and Mr. Dawkins went along
that you all would be looking over our shoulders. The question had been
raised, you know, who do we have on this loan committee giving out money after
Seven Star and couple of the loans was approved? This is when I went back
again, in my heart and in my mind, and drafted these guidelines.
Mayor Suarez: OK, let me ask you a question about that now, besides the
history of this which got confusing...
Mr. Duffy: OK.
Mayor Suarez: just as far as what you really think as a policy matter and
I'm asking you for a recommendation which you may or may not want to answer,
If we had a franchise of Kentucky Fried Chicken or Churches or Popeye's or
whatever applying, would it make sense under what you understood to be the
Commission's objectives with this program to have those apply in..,
Mr. Duffy: These type guidelines?
95 June 23, 1988
Mayor Suarez: Right.
Mr. Duffy: Yes, sir. I would use them at any time, sir. you always need
guidelines and I think when this program was first presented...
Mayor Suarez: No, but if you had to make the guidelines over again, would you
still recommend that, would you think that's a good idea?
Mr. Duffy: Yes, sir, I would.
Mayor Suarez: And do you view that from the economic development standpoint
or from what standpoint?
Mr. Duffy: I view this as good sense based on the question that was asked by
Mr. De Yurre. I believe that the program was necessary but I also believe
that you need guidelines and I'm going to make this statement which probably
is wrong and off base, but of the original 27 loans presented, there was
problem and we never initiated a loan, the loan committee, loans were
presented by Ron Tompkins, CPA, hired by the City or by representatives of the
City of Miami. We have never initiated a loan. You must have guidelines. We
wanted to make sure the program was successful.
Mayor Suarez: But you know, the reason I ask is that, that we had tried to
draw a distinction between loans that would not be able to be processed under
the guidelines of Miami Capital and those that would and a franchise of that
sort I think would be a logical one for Miami Capital Development Corporation
under their regular program; fully collateralized and with the usual
guidelines set that...
Mr. Duffy: Let me say this, we fully understood the original memorandum we
received from Martin Luther King Development and the. Commissioner. There was
no guideline.
Mayor Suarez: Right.
Mr. Duffy: Even with no guidelines, in your mind you can come up with some so
you can get the best of the worst. Let me make a statement like that, maybe
it's wrong, OK? We needed something to hang our hat on, to go by. That's
what we did. But after the January meeting, when the Commissioners, you
gentlemen and the lady, said to us, go back and initiate some guidelines and
we do not want a lot of bad loans. The 19 loans that we approved, they were
approved in good conscience, we believe they were diversified from all walks
of Liberty City. I think they will be successful and I sincerely believe they
will be paid back. That was my objective. Now, if you had another one that I
didn't know about, Mr. Mayor, my apologies and I'm sorry. But I did what I
thought was best for the community.
Mayor Suarez:
I know you're thinking - that final
statement you made, I can
tell you're
a banker, you know, that we
will be
paid back and, of course,
that's always
an important objective but
it wasn't
the single most important
objective in
this particular program.
That's why I'm thinking that maybe
those loans
would have made more sense
to have
them go to Miami Capital
Development.
Mr. Duffy: Mr. Mayor, you have attached to a memorandum that I sent you and
the Commission on June 14th, a list of the loans that was approved. And I'm
going to give you some I'm.... Uncle Arthur's Grocery Store, Parker Service
Stations, Seven Star Fashion, Alfred Lloyd & Son, Davis' Restaurant, where a
lot of people from downtown go to eat; DAD Coin Laundry, Furniture Palace
Discount, Rasheed Clothing 6 Jewelry, Jewelry by Keeta, Search TV, I think
he's here; Share b Share Accounting - I mean, I don't think these people could
have gone to Miami Capital. I said in my heart...
Mayor Suarez: No, no, I was just asking about the franchises of the major
chains.
Mr. Duffy: I think you have to have guidelines, Mr. Mayor. You know, I
couldn't work on the committee...
Mayor Suarez: I understand and as a banker, I think, and someone concerned
with the community, I think you've done a magnificent job.
96 June 23, 1988
Mr. Duffy: As a hutban being, as a petsoh, as a petaon that believe in a,y
toft&ruhity, because we still should have a tepaytneht plah.
Mayor Suarez: I understand.
Mt. Duffy: I mean, it wasn't a giveaway program.
Mayor Suarez: it was hot. It was never intended to be, you're right.
Mr. Duffy: if you were going to do that, you all could have cut the checks
down here and you didn't have to involve us, right?
Mayor Suarez: Frank, if the Commission were disposed to say, look, we kind of
confused things a little bit, and maybe should not have accepted in this
program anything having to do with a franchise of one of these major chains,
what funds could we have available to now - replace those funds that were used
and make those back again available to the regular pilot program.
Mr. Duffy: Mr. Mayor, I can see now and I understand it further but all of a
sudden it dawned on my mind where you're coming from. Let me say this to you.
The loans that you have reference to, I didn't vote for it, Popeye, which is a
franchise. But I must say this, and the minutes will show, I didn't vote for
several loans because I didn't think they were the type of loan we should
make. But I deeply believe and I want to say it here so the merchants and
black and white and everybody can understand. Popeye's was a part of Liberty
City. They came and put a business there. They are individual stores. They
took their...
Mayor Suarez: How many, do you know, Mr. Duffy? How big are they?
Mr. Duffy: I think they've got nine stores but each one is a separate entity.
They have one on 20...
Mayor Suarez: Locally owned, Popeye's?
Mr. Duffy: Locally, yes, from a gentleman I think in the Keys. Now it was
from a guy from Louisiana but now it's a fella in...
Mayor Suarez: I guess if he's from the Keys, you know, it depends on how you
define locally.
Mr. Duffy: Oh, OK.
Mr. Plummer: Is the one that received the loan, is he a black?
Mr. Duffy: No, he's not. But he's served the black community and he was
there during the riots and he hires 95 percent black and, you know, I'm not a
guy that cry and out of town cry, but you have to have a conscience and if
someone comes into Liberty City, you know, the bank is not black either, but
we've served there for 24 years.
Mayor Suarez: How much was that amount of that particular loan?
Mr. Duffy: It was $25,000.
Mayor Suarez: We could always make that up. I'm sure with $25,000 from some
other...
Mr. Dawkins: Take it up from where?
Mr. Duffy: This loan was recommended by Martin Luther King Development,
Mr. Dawkins; Wait a minute, hold it, hold it, right - make it up from where?
You keep saying we broke, we keep saying we don't have no money and now you're
talking about making up $25,000....
Mayor Suarez: Well, we can always fire somebody that makes $25,000 a year and
we'll snake up the twenty-five thou...
Mr. Dawkins: Well, fine, that's good...
97 June 23, 1988
Mr: Plumbr: Heil, let's get 10 million.
Mr. Dawkins (OFF MIKE): GO &head, Mr. Duffy,
Mr, Duffy: Mr. Mayor, I understand. I wasn't here last rheeting but that Vat
& concern. My, and you know...
Mayor Suarez: That was, I think the most emphatic concert' Of the fr6mm"gi6h
was that.
Mr. Duffy: We, I say ene. I have to be fair, that I didn't vote for the loan
but I felt Popeye deserved it as touch as anyone else and here's one other loan
I understand was questioned, Lisa...
Mayor Suarez: Which one was that?
Mr. Duffy: Lisa Development who's not black but he's been there nine and a
half years. He hires 45 black people that even black folks don't hire...
Mayor Suarez: I don't remember that one being questioned but...
Mr. Duffy: Well, that one was questioned because I was told.
Mayor Suarez: Oh, OK, well I don't remember that one then. I haven't read
over the transcript.
Mr. Duffy: These are people that are ex -convicts or whatever and I think if a
man come an opened it...
Mayor Suarez: How much was that amount?
Mr. Duffy: Seventy five thousand dollars.
Mayor Suarez: And what kind of a business was that?
Mr. Duffy: It's soy beans, I don't know what kind it is.
Mr. Castaneda: It's farming to tell you the truth, that they grow - what do
they call it?
Mayor Suarez: What was the basis of the questioning by the Commission, Frank,
the concern?
Mr. Castaneda: They grow bean sprouts indoors.
Mayor Suarez: Does anybody remember, what was the questioning of that loan?
Why did we have doubts?
Mr. Duffy: Well, they wanted to know why did we make this particular person a
loan.
Mayor Suarez: But... '
Mr. Duffy: And, again, the person hires over 95 percent black.
Mayor Suarez: Was that one of the ones that was not referred by the screening
committee, is that the problem?
Mr. Castaneda: That's correct.
Mr. Duffy: That is correct.
Mayor Suarez: OK, all right.
Mr. Duffy: And we moved based on the authority given by you and the
Commission at the January meeting.
Mayor Suarez: How many loans were given and what was the total amount of
those not referred by the screening committee, if I may have that figure? OK,
while you search for that, what do we hear from?
98 June 23, 1988
Mr. Plummer: I think one of the questions that I've not really heard answered
is that there really seems to be an appearance that there was no recognition
given to the screening committee. That, in fact, you were the first step and
if you turned it down, and the loan committee approved it, what in the hell
did we have you there for in the first place? You didn't address that.
Mr. Duffy: OK, Mr. Plummer, as I stated in your letter from me, you will see
a resolution by this Commission, signed by the Mayor, gave the Martin Luther
King Development Corporation full authority. We, along with the screening
committee, worked at their pleasure, based on the rules and guideline that was
given to me, as chairman, was the screening committee went through and
screened out a lot of loans, then - some they turned down - then they gave us
a number of loans, the original 27, which was a dollar amount by each one of
those they recommended totalling $573,000. The Martin Luther King governing
board told us we did not have to accept that. We could accept it, amend it,
delete or completely reject. In the first place, I differed, because the same
question you asked me, if the screening committee had the right and authority
to take 27 loans and equally, you know, come up with a total of $573,000, then
they didn't need me. I was wasting my time, so I wouldn't have served. So,
we were told we had the right to accept, delete, amend or reject. We looked
at every loan the screening committee presented to Mr. Mason and that board,
presented to Ron Tompkins Associates. Ron brought us back the loans he felt
would fly because that was his responsibility. We made decisions based on
recommendations from Ron Tompkins 6 Associates also after the City dismissed
him, the CD and Adrienne Macbeth's office. That is it.
Ms. Lori Weldon: Also, Commissioner Plummer, we did as I say, look at those
27 loans. But a lot of those loans had to be - the amounts were readjusted
because I don't think the screening committee took into consideration the
length of business, because some of those amounts were changed because of that
length that the business was in existence. Secondly, after the January
meeting, where we came and we were discussing guidelines, the screening
committee had already disbanded. We didn't feel obligated or we didn't feel
we had the authority to tell them to reconvene and continue processing loans.
So that is where loans came in that did not go through the screening committee
because the screening committee had stopped functioning. But there was still
amounts there because of readjustments on amounts they recommended and people
still were applying.
Mr. Plummer: I understand what you're saying but the point still
if the screening committee is to serve a purpose, and they reject
for the loan committee to override that and still grant the loan,
something in conflict.
Reverend Washington: Mr. Commissioner,
the screening committee?
Mr. Plummer: Hold on just
right. As always, you got
Mr. Duffy: I stated that that loan was presented - the loan you have
reference is Popeye - by Mr. Mason, which we were told on behalf of the Martin
Luther King governing board, it's true, the screening committee rejected it
but Mason brought it back to us. And I'll say once again, for the last time,
we did not go on a draw and this guy didn't get any loan. Loans were
presented by Ron Tompkins or by Adrienne Macbeth or by Frank or Miranda.
by your committee.
Certainly not,
Mr. Johnny William: My name is Johnny Williams and I'm speaking as a
businessman. I've been in business in Liberty City for about 35 years and I
want to recommend the Commission for lending that loan to those merchants. I
think they very much needed it and the guidelines that we had when we first
started was business being in business for about a year or more. And that was
fine until, I think, Commissioner De Yurre brought up why could we lend people
money without a checking account. And it seems that the Commission backed up
and said, well, we didn't grant you a permission to lend that money without a
checking account. Now I was with these merchants when they were going trying
to get this loan and in that it was not nothing concerned about a checking
account and they stated verbatim that they owed everybody in town. So if you
were with the internal revenue or anybody like that, you cannot have a
checking account because they was confiscate your money. So, therefore, if it
had have been left up to me, I would have let everyone that the screening
committee approved, I would have approved the loan as they come because that
was the guideline that I understood. And by being in business, I know how
hard it is to get money and I know if you owe internal revenue or you owe the
sale tax, you cannot have a checking account because they will confiscate your
money. And after that was brought up, then we had to look at in a different
perspective. What are we doing? Are we doing something that the Commission
don't approve of? They didn't give us no guidelines per se to what we could
not do.
Mr. Plummer: One of the things that this Commission was most emphatic about,
we gave you almost carte blanche to do with what you wanted but it was
instructions of this City Commission that said that the most important facet
beside the actual giving of the loan was technical advice. And that's where
that matter came before this Commission. I think it was Frank who said to
this City Commission, how do you monitor and give technical advice when people
don't even keep books? Frank, is that was not your statement? That they
don't have checking accounts, how can you give technical advice when they
don't have a set of books to monitor, they don't have a checking account, they
don't have any kind of thing that would allow us to go in and give the
technical advice. That's where that statement came from.
Mr. Williams: OK, I could understand that. So, therefore, we had to come
back and reassess what we were doing and look at it at a different prospect.
Mr. Plummer: Well, yes, but you know I think that also came about in the one
individual and thank God I don't remember the name so I can't be picking on
anybody, but the amount of the loan was exactly what that individual owed to
internal revenue and the state sales tax and that wasn't going to keep that
man alive. All that was doing was wiping him clean with those two federal
agencies.
Mr. Williams: And if we had okayed the loan, without going into this
particular thing, before he done gotten the money they would have taken it
anyway.
Mr. Plummer: It's gone, exactly.
Mr. Williams: Right, so that's why we had to repossess. We wasn't trying not
to give him the loan, we was trying to protect him as much as we possibly
could.
Ms. Weldon: That was also a problems we came across and also helped determine
the loans. And we felt that government agencies were going to come in and
seize all the amounts and it would not help the business. We felt that it
would not be in our best interests or the programs best interest to approve a
loan of such. We also, the ones that did have work out agreements with these
government agencies, we went ahead and felt, well, if it could survive, we
would go ahead and grant the loan. But a lot of people did not have work out
agreements and it was not our - we didn't want to sign over $10,000 check to
the IRS and still put a man out of business.
Mayor Suarez: You know, I have an interesting idea that might, and we ought
to hear right now from the merchants, but it strikes me that some of these
loans that could have been approved by Miami Capital Development Corporation,
maybe Miami Capital Development Corporation can take over and lend money back
to or disburse back to the loan program even after that fact. If you have
recommended them and have looked them over as carefully as I think you have
and have a banker's mind and the rest of the committee have acted that way, I
have a feeling quite a few of those might be the ones that they can go ahead
and adopt as their own and use their own capital funds to reimburse you for
and then they process them from that point forward and service them.
Mr. Duffy: I think that would be a good idea. They could purchase them and
that would release some funds. Mr. Mayor, I'd just like to say one thing...
Mayor Suarez: That's the term, I guess, purchase them or...
100 June 23, 1988
Mr. Duffy: ... I'm going to be finished. Let me say this, I can understand,
Mr. Plummer, the question he raised was a good question. I can also
understand the question Mr. De Yurre asked at the January meeting. Those were
good question. And I can understand the plight of the merchants of Liberty
City. I know that if we had approved 19 different loans, well the 19 people
that was approved they would be complaining and the other people would be
happy. Ninety two people, 92 people, asked for approximately 3 million
dollars, 3 three million dollars. We had $573,000 to work with and, believe
me, on our own time and some of the bank time and these other people time, we
worked day and night trying to be fair. My conscience is clear if we had to
do the same process, I'm almost sure that I would recommend the same loans we
approved. But I want the Commissioners to know and the merchants to know, I
like to believe after 24 years with the bank I'm a fair man. I know I'm a
religious man, but I have never walked on water, I have never changed water to
vine and none of us was miracle workers, we can't work miracles. We did the
best we could and I think the committee for their help.
Mr. Plummer (OFF MIKE): With what you had. So be it.
Mayor Suarez: We thank you greatly and deeply for that. OK. Reverend.
Reverend William Washington: OK, I'm the Reverend William Washington. I'm
the pastor of Greater St. James Baptist Church, I've been pastor for about 18
years. I'm also the executive director of OIC of Dade County and I've lived
in the City of Miami for 45 years or more. I'm the chairman - or was the
chairman, I'm told, of the screening committee. Now there is a presumption
made that the screening committee, after having screened the loans, was no
longer in business. That was not our position. Our position was that we had
reached a certain amount of money that totalled the amount of money that was
available and until such time as we were told to commence again screening
loans, then we were going to just wait until given that order. The
presumption that we were not active or we were not doing our jobs is a wrong
presumption and I think that that needs to be stated on the record. Dorothy
Baker, Dr. Roy Phillips, attorney Clifford Pitts, accountant Allen and myself
all served on that screening committee. Now, what I personally think happened
was that there was no coordination, or no attempt made to coordinate what
happened in the screening committee and that of the loan committee. I think
you had appointed someone to do this but for some reason or for a lack of
communication, this was not done. Had it been done, I think that a lot of
these things that happened would not have happened so I just want to make the
record clear that the screening committee never did say that it was not going
to function. We had guidelines from the outset. We had the guidelines that
the City had given us and we used those guidelines. Some of those guidelines
were you had to live in the Model City area, you had to be in business one or
two years, you had to state the purpose of the loan, whether or not you had
any taxes or anything that was owed and whether you were willing to get an
order of agreement for release from the IRA, how long you'd been in business
in the area, whether your business was a sole proprietorship or a partnership,
and in case you became incapacitated, would that person be responsible - who
would be responsible for paying off the loan. We went through a whole process
of approximately 30 hours, pre-screening we did about 15 hours of screening
these individuals, we did about 15 hours of interviewing these individuals and
the ones that we came up with, we thought were pretty solid. However, after
certain time transpired and certain other decisions were made, and I think
this is where the mix up came in at, that I was there from the inception, from
the time these 570 million dollars was supposed to be given to the Liberty
City - $570,000, I'm sorry - that was given to the Liberty City area, I was
there. A lot of people that were not there did not know what you had
originally said and so the screening committee really used the criteria that
you originally gave us, that's what we went by.
Mayor Suarez: Reverend, we're, you've...
Mr. Plummer: How many loans that you turned down were approved?
Mr. Washington: We turned down approximately - and I got them all here.
Mayor Suarez: No, no, the ones that you turned down that were later approved.
Mr. Plummer: That you turned down that were approved by the loan committee.
101 June 23, 1988
Mayor Suarez: That were later approved by the loan committee. We've heard of
two, l think, to far. Is there any more besides that that were turned down by
you and that were approved by the loan committee?
Mr. Castaneda: I believe that only one loan was disapproved by the screening
committee...
Mayor Suarez: Well, you mentioned the $75,000 loan and I thought the popeye's
too.
Mr. Castaneda: No, the only one that was disapproved by the screening
committee which was approved by the loan committee was Popeye's. The other...
Mayor Suarez: Oh, the other one just didn't go through the screening
committee.
Mr. Castaneda: That's correct.
Mayor Suarez: OK. So that's $100,000 worth of loans that were approved by
the loan committee that did not receive a positive recommendation from the
screening committee. At any point here, I'll entertain a motion to have the
Miami Capital review those for purchasing of those loans and put $100,000
right back into the program. I know that you have a long range goal which I
think this Commission is mindful of, which is to increase the overall pot, and
I hope that ,this recommendation that we have received in this report will
allow us to make that evaluation. Then the question, assuming that we want to
expand the program, is, where's the beef? Where's the money going to come
from and I think we're all going to have some ideas on that. Bernie, you want
to make this quickly because I think we're all heading in the same direction.
Mr. Bernie Dyer: Just a couple of observations.
Mayor Suarez: Yes, sir.
Mr. Dyer: And I'll have to do it on a personal level at this point. Number
one, some of the things that were said by Mr. Duffy, I just don't understand.
We're never given an opportunity to come before the loan committee and the
loan committee didn't know all of the information about the various loans that
they were making decisions on. For example, one of the loan committee members
told me, had she known that we - that is, Third World Media - had a contract
with the county school system wherein 77 schools we publish something called
The Advancer. Had she known that we were also negotiating with Broward County
and we'll be in Broward County in 300 classrooms in Broward, her vote would
have been different.
Mayor Suarez: How come she didn't know that? Wouldn't that be part of
your...
Mr. Dyer: I don't know. You'd have to ask the lady standing right there.
Mayor Suarez: Wouldn't that be part of a...
Mr. Dyer: That was the information that we shared with the CD staff. I
don't...
Mayor Suarez: Let me ask about that specific question. Lori, I presume he's
referring to you?
Ms. Weldon: Why I didn't get that information, I can't answer that, Mr.
Mayor. And I...
Mayor Suarez: But, I mean, what was the procedure followed? Wouldn't Bernie
have actually made a presentation to the loan committee or that didn't happen
all the time?
Ms. Weldon: Well, it wasn't my understanding that anyone was supposed to come
before the loan committee.
Mr. Dyer: See what Mr....
Mr. Duffy: Mr. Mayor, we set up a procedure. As I stated before, loans were
presented by Ron Tompkins, Adrienne Macbeth and Miranda Albury. I felt that
102 June 23, 1988
-4
it would be wrong for any individual, and I've told Bernie this, to come
before that loan committee, then that...
Mayor Suarez: I see, the loan committee does hot meet like the Miami City
Commission or the planning advisory board, it meets basically with the
recommendations of staff.
Mr. Duffy: ... bring another impriority, that was wrong, no. You could talk
with Miranda or Adrian or Ron, they were doing the on site inspections, but in
my opinion, it would be wrong for any individual to come and present his own
case to the loan committee. And that is why.
Mayor Suarez: Yes, the problem with that, and again, that was our fault, not
yours, is that that basically is the way banks function that you're indicating
but not necessarily the way that the City intended for it to be. I think we
expected it to be a lot more open, the process, where if somebody wanted to
come and make a presentation in person, that would have been...
Mr. Duffy: Well, then, you wouldn't need these people, Mr. Mayor. I'm not
contradicting you now, but you had Ron who went out the business when he was
operating and Miranda and Adrienne went. Frank even went, Mr. Castaneda went
a couple of times. Why should they come to the loan committee?
Mayor Suarez: Well, it's a procedural thing, it's not a matter of...
Mr. Duffy: It's a matter of principle.
Mayor Suarez: Right.
Mr. Dyer: Mr. Mayor, just one more...
Mr. Washington: I'm going to say this though, I think this is where the
screening committee part should have been accepted because this is one loan
that we recommended.
Mayor Suarez: And were your proceedings, Reverend, totally open to the
applicant? I mean, the applicant could state his own case and explain...
Mr. Washington: Yes, yes, yes. Everybody, everybody who came through us had
to appear before the screening committee.
Mayor Suarez: That, yes, that would have...
Mr. Dyer: One more final thing, and this is not to knock anybody, this is
just an observation. For many of us, this was TH money. You know what TH
mean? TH means toe hold money. That means the money to give us an
opportunity to stay in business. And I'm not knocking anybody but I'm going
to say it just the way I feel it personally. I think that some of the people
that were given loans had dipped in the trough a long time and it was about
time that the small guys, the people that were marginal, which this Commission
recommended that those loans be made to people that normally could not qualify
for loans from a traditional funding source. I think that those people, a lot
of us, wish that we had an opportunity. We're going to be around. With some
way or the other, we'll be able to survive. But it was a very, very hurtening
to see that when we had once had an opportunity, it was denied us. And some
of us feel it was unfairly denied us and people who were made loans to had
received job - help with hiring people, a number of other things that gave
them an added advantage. We never got that. And this was the one time that
we thought we had an opportunity to do some things. What has happened as a
result of that, Third World Media, which is already in the process of
publishing a magazine, a national magazine, and some other things, is sort of
thrown us back. I think that the Commission had a good intent but between the
intent and the screening committee and the loan committee, it was all lost.
Mayor Suarez: And I think you hit the concept when you used the term
traditional loan application. I think we, in that gray area between the TH
kind of loan and the traditional one, we went a little bit too much to the
traditional and I don't blame the committee at all because that's what they're
trained to do, the ones that are bankers and the other ones, that's what they
thought we wanted done and, actually, the discussion in the Commission sort of
indicated we did because I heard a lot of talk here about not lending to
somebody who didn't have a checking account and, you know, a lot of people who
103 June 23, 1988
are in the 'TH Situation doh't have a checking account So it eras faulty signals
from us. Yes.
Mr. Dyer: fihally, if there's any monies still available...
Mayor Suarez: What's a good question, 1 think the Manager was just telling
us...
Mr. Odio: We have $70,000 left and they can apply for that.
Mayor Suarez: And wait a minute now, if we have people applying for those, we
want to clarify, do we want to give priority to those that have already
applied?
Mr. Odio: Yes.
Mayor Suarez: I mean, we're not going to go and announce that all kinds of
new applicants can come in. We want to - particularly the ones that were
recommended by the screening committee. In fact, I would limit to the ones
already recommended by the screening committee till we go through that
$70,000.
Ms. Aiesha: Yes, thank you, Mr. Mayor and thank you, City Commission, for
doing a fine job here in listening to our plight in the Model City area. I'd
like to also bring to the attention that it was my efforts in 1986 that
brought about this $575,000 being brought into the community. When I had to
set up my business, which had been operating from my home, and I hope that
Miss Miranda Albury and Mr. Duffy would listen because I've been to both their
offices and I've gotten the type of respect that I'm getting at this time.
But that's neither here nor there...
Mayor Suarez: Well, Mr. Duffy was serving as an interested citizen so he
really doesn't respond to you or to me or to any of us.
Ms. Aiesha: Well, that is true, maybe I should...
Mayor Suarez: Miss Albury is expected to listen to anything you tell us
because she's paid by us.
Ms. Aiesha: I would ask Miss Albury, Miss Lori Weldon and Mr. Frank Castaneda
to understand that it was very difficult to stand in front of police on N.W.
7th Avenue and be charged with loitering when we were trying to conduct
business in the community with no asset from the office of community
development when it was you, Mayor, last year that referred me to Mr. Frank
Castaneda when we were trying to set up an outdoor market for this type of
work. My firm is Aiesha's Variety Fragrances, I've been there on the street
for two years. I have been given promises of space by Martin Luther King
Economic Development, through Mr. Sam Mason who has since then been terminated
from his position whatever reason. But we suffer the problems of no
communication between those of us that have businesses and those who are in
the decision making positions to work with us. We cannot call the Mayor's
office every day, Mr. Castaneda, and talk about the things that we are
discussing here. Commissioners, I'd like to bring to your attention on April
7th...
Mayor Suarez: I also would appreciate it if you didn't interrupt my
basketball games all the time when I'm trying to...
Ms. Aiesha: I'm very sorry - yes, I have even seen the Mayor in the street
and got out of my car to let the man know that we're not getting any respect
from your office, Mr. Castaneda, in terms of our problems.
Mr. Castaneda: I think that's a false statement.
Ms. Aiesha: Excuse me, excuse me, I'd like to refer to a memorandum that I
hand delivered to Mr. Duffy, Miss Miranda Albury and Miss Adrienne Macbeth on
April 7th. In reference to the reconsideration or appeal of loan committee,
Aiesha's Variety Fragrances, which they indicated that I was not able to be
approved because I didn't have a business location which was a complete
misrepresentation of my business because...
Mayor Suarez: That's in writing? That's in writing from the City?
104 June 23, 1988
Ms. Aiesha: Yes.
Mayor Suarez: Because you don't have a, quote, unquote, business location?
Ms. Aiesha: This is what I was told, it was not in writing to me though I
asked Mr. Duffy on April 4th in writing if he would look into that and he
informed me that he would, which they never get back to you. Now, this is
June. OK, Miss Lori Weldon reported that I didn't have a business. Now
everybody in Liberty City knows me and my business, even you, Mayor, you know
that. Anyway, this reference reads April 7th, "reference our meeting this
date regarding the loan process for the loan to Aiesha's Variety Fragrances
located in Model City area. We are hereby requesting an appeal of the
decision made by the loan committee based on the issue of my business
location."
Mayor Suarez: Is your license up to date?
Ms. Aiesha: Yes, sir, it is.
Mayor Suarez: So you have a license to do your trade and that should be
enough for the City frankly.
Ms. Aiesha: That has been since 1984,
Mayor Suarez: Now, that's not necessarily enough to give a loan, but,
hopefully...
Ms. Aiesha: Yes, this has been since 1984.
Mr. Plummer: What business... what business is she in?
Ms. Aiesha: So what I did in actuality was to set up my business in front of
MLK, Commissioners, to bring to the attention that Martin Luther King Economic
Development is not doing any economic development. That's number one. I
called Janet Reno's office because I wanted a complete audit of that
organization because I didn't see why I should have to ... go to the office of
community development where they did not know me and beg for monies to do
business. I thought Martin Luther King was funded for this. I understand the
City of Miami gave $400,000 for that reason. Now I'd like to, at this time...
Mayor Suarez: I think we're going to have to have a separate report made to
us at the next Commission meeting, Frank, on MLK. How we're doing there, the
change in executive director, funding received from the City, what their
future projects are, etc., etc., because, you know...
Ms. Aiesha: And this is...
Mayor Suarez: ... with Sam being gone, everybody was always thinking of Sam
as being executive director and I don't know what's going on over there now
and I don't know that the rest of the Commission does unless Miller...
Mr. Odio: No, Mr. Mayor...
Ms. Aiesha: I have a letter from MLK telling me that they did not wish for my
business to come in there and utilize their telephones or to use the
restrooms. This is the type of respect that business people in Liberty City
that are trying very hard with no backing from these agencies that have been
funded by you to help us. We're not coming down here to make a big scene in
front of this Commission and I'm certainly not down here to beg for a thing
because I came from work and I'm going back to work. But you need to know
what the problems are. The problem did not...
Mayor Suarez: I always thought that if, and I told Sam this, that...
Ms. Aiesha: Yes.
Mayor Suarez: ... if somehow he could provide a little stand for you on a
competitive basis right there, you know, in that court house that,..
Ms. Aiesha: Well, there's a lot of games that are being played...
105 June 23, 1988
Mayor Suare2: Well, I don't khov about that, but:.,
Ms. Aiesha: ... and I don't want to go ihto it but, Mt. Duffy is hot
awate of
it and Miranda Albury and Frank Castaneda, you.,;
Mayor Suarez: Well, he's only concerned with the loan committee and
approving
the very best loans that he can and that'a what he tried to do and I
thifik he
did a very good job of it.
Ms. Aiesha: Exact... but see, it did not begin...
Mr. Duffy: Mr. Mayor, I would like to ask the lady one question.
Ms. Aiesha: In a minute.
Mayor Suarez: OR, now wait...
Ms. Aiesha: It did not begin with his — this began in 1086.
Mayor Suarez: But you just referred to him so let him answer.
Ms. Duffy: Could I ask you one question?
Ms. Aiesha: Certainly.
Mr. Duffy: Is it not true that you came to my office on about four
different
occasions?
Ms. Aiesha: Maybe five or six.
Mr. Duffy: OR, did I talk to you each time you came in?
Ms. Aiesha: You certainly did.
Mr. Duffy: Did I sympathize with you?
Ms Aiesha: You did.
Mr. Duffy: Did I tell you the appeal process? Did I tell you...
Ms. Aiesha: You did.
Mr. Duffy: Well, what beef do you have with me?
Ms. Aiesha: I have no beef with you.
Mr. Duffy: Thank you.
Ms. Aiesha: My beef is with Frank Castaneda, Miranda Albury and also Lori
Weldon.
Mr. Odio: May I ask you... Madam, the...
Mr. Plummer: Well, join the crowd.
Mr. Odio; The loan committee is not Frank Castaneda. The loan committee was
the one that turned you down because you did not have a business, you have a
table set up in front of Florida Power & Light to peddle your products,
whatever they may be.
Ms. Aiesha: No, sir. No, sir. That is misrepresentative.
Mr. Odio; That's the information the loan committee had so you should take
your complaints to the loan committee and not to Frank Castaneda,
Ms. Aiesha: To the loan committee?
Mr. Odio; The loan committee turned you down. Frank Castaneda reviewed the
proceedings and he agreed with the loan committee. And what do you want me to
do?
Mr. Dawkins; Mr. Manager..,
106 June 23, 1988
Ms. Aiesha: Well, Mr. City Manager, what You were saying is riot true. My
business is in front of Martin Luther king Etbh oinic Development, that is true:
Mr. Odio: I'm not saying...
Ms. Aiesha: However, also in Bayside the same type of business that I have is
the same type that they have in Bayside where people make $12,000 a week.
Mr. Odio: Yes, well I'm sure...
Ms. Aiesha: And I don't wish for my business to be discredited because I have
it on a push cart.
Mr. Odio: Then we need to - no, I'm not discrediting your business but the
loan committee has reviewed the application and they turned it down.
Ms. Aiesha: No, sir, they have no right to turn it down because it was
already approved by the screening committee, it was...
Mayor Suarez: No, no, that's not the way it works but...
Mr. Dawkins: Mr. Manager...
Ms. Aiesha: I have three letters of approval. Mr. City Manager, you want to
know this. I have my three letters of approval, November 5, 1987 of which
they asked me to give them an address, OK? And I have nothing personal
against Mr. Castaneda, I want this understood, because it could be Mickey
Mouse up there, I'm concerned about justice for people in this area, just as
people get justice in the other ethnic areas and you need to be there to see
it. And I would like to humbly invite you to come and I would personally take
you around and show you some of the problems that we are having. OK, I'll
go...
Mayor Suarez: Most of the authority on these issues was delegated to a loan
committee and so on and it wasn't really the decision of the Manager. In
fact, I think he probably didn't agree with some of the things the Commission
did, but the Commission is the one that decided.
Ms. Aiesha: In my conclusion, Mr. City Manager, I have in my hand letters
from the model city small business development pilot program at which time Mr.
Duffy was not the chairperson of the committee. This gentleman right here was
the chairperson of the screening committee which I remember going through him
and with other people. Then it was turned over to Mr. Ron Tompkins who was
fired by the City of Miami for whatever reason I don't know. But he had
already given approval on my loan so when it got to these people here, they
don't know who I am or anyone else, you know, right now I have to fight for my
own self and I would humbly like to have the minutes because I have never
received, not even a minute of talks regarding my loan for my business. And I
wish to remain here in Miami, I don't wish to leave here. I want to do
business here, I don't way to...
Mayor Suarez: Very good, OK.
Ms. Aiesha: That's it.
Mr. Washington: May I just say something?
Mayor Suarez: Final statement, please.
Mr. Washington: I think what perhaps she's not saying is that she submitted
to us an address and a building that she was hoping that once she got the
money...
Mayor Suarez: I see.
Mr. Washington: ... with a statement for the proprietor that this would be
where she was going to become permanently located. I think that ought to be
brought out.
Ms. Aiesha: Exactly, Excuse me, that's exactly true, with all of - this
happened a year ago, I did receive a letter from Reverend Washington and I did
107 June 23, 1988
answer the committee as to where my business would be located unbekhowing to
this loan committee who stated that 1 did not have a place of business. Mr.
Sam Mason told me that the old AT 6 T facility, 1 could get that facility. As
of last week, they rented that facility to a firm across the street, a
furniture company that is not affiliated with the area.
Mayor Suarez: That's not that relevant right now. If you have a problem with
them, OK, we want to take that up but that's not what we're trying to resolve
today.
Ms. Aiesha: Well, I'm just trying to resolve the misrepresentation of saying
that I did not have a place of business, why my loan was turned...
Mayor Suarez: No, it was a place you hoped to have and it maybe didn't work
out. OK.
Ms. Aiesha: Right, now Mrs. Leonard, who owns various buildings across the
street, held positions for me, she even called frank Castaneda's office to let
him know that I have never received a letter, a phone call...
Mayor Suarez: Well that - the fact of a lack of a business location by itself
is not enough to deny you the loan because...
Ms. Aiesha: Thank you, Thank you.
Mayor Suarez: ... that, you know, that just...
Mr. Dawkins: Mr. Manager.
Mayor Suarez: ... whether we can make loans in those situations or not and
whether the people who recommend them who are in charge of that is another
question. Commissioner Dawkins.
Mr. Dawkins: Mr. Manager, you said that there's $70,000 available left in
that fund?
Mr. Odio: Yes, sir.
Mr. Dawkins: OK, now somebody explain to me how and what the procedure would
be, like Felipe has applied for a $20,000 loan and down here it says,
subsequent to loan being approved, loan has been rejected by the loan
committee. Where would he go in applying for a portion of the $70,000 and how
would criteria be set up and then in the letter from Mr. Duffy, 21 loans were
not approved because they ran out of money. So that's 21 plus this would make
22. So that's 22 persons to apply for $70,000. I do not intend to sit here
and go through what I went through before, OK? So now somebody has to tell me
so we can tell these individuals what the criteria will be, how you will be
judged and who has priority to S70,000?
Mr. Castaneda: Commissioners, I would like to say that there are a number of
loans which the loan committee disapproved. There were a number of loans that
were rejected by the loan committee.
Mr. Dawkins: That's what I said.
Mr. Castaneda: Right.
Mr. Dawkins: Twenty-one.
Mr. Castaneda: Right,
Mr. Dawkins: OK? So now, everybody up - not everybody, but it's being - the
total that there is $70,000. OK?
Mr. Castaneda: That's correct.
Mr. Dawkins: That's still left in the fund, You got 22 people...
Mr. Castaneda: That is correct,
Mr, Dawkins: ,.. who want access to the $70,000. Now, somewhere along the
lines, somebody has to decide who has priority while the individuals who
108 June 23, 1988
applied before or whether you're going to have a lottery or what You're going
to do for the $70,000.
Mr. Duffy: Mr. Mayor, Mr. Commissioner Dawkins. In the letter that you
received from me some time ago, there were loans that was approved, loans
declined, loans were deferred because of lack of funds. 1 see a gentleman
over there in the group, and I shouldn't do this, but Mr. Green who never came
before us, he's been out there 35 years, OK. But we were out of money based
on certain things that he couldn't get resolved there in CD. I would
recommend that those people who did not get a shot because of lack of funds,
that they should be considered first. That would be my suggestion. I think
it would be fair.
Mr. Dawkins: OK, all right, Mr. Green, how much did you apply for, sir?
Mr. Green (OFF MIKE): $75,000.
Mr. Dawkins: Mr. Green applied for $75,000. Felipe applied for $20,000.
Seventy-five and twenty is ninety-five. You got seventy thousand, now how do
you decide what you're going to do with it? No, not you now, no, no, no. I'm
talking to administration, sir.
Mr. Odio: We only have seventy thousand dollars left so that means that who
ever gets the loan, either gets the twenty thousand and there's fifty left or
somebody gets the $70,000 loan, Commissioner.
Mr. Dawkins: All right, and then what happens to the other 22 people on the
list?
Mr. Odio: We have no other funds earmarked for this program.
Mayor Suarez: Well, unless Miami Capital is able to purchase some of these
loans.
Mr. Dawkins: No, I know this, you understand, but I want it told to these
individuals so that we all are on the same page, OK?
Mr. Odio: Yes, sir.
Mr. Dawkins: See, I don't want them going to some other Commissioner up here
and then we have another meeting where somebody made some promises to them and
then they come up here looking at all of us and we don't know anything about
the promises made.
Mr. Felipe Savory: I'm one of the ones then that a promise was made and I
have a letter of commitment to the effect of that. My name is Felipe Savory
and I own the Caribbean Conch Shell Restaurant on 4302 N.W. 7th Avenue and I
was approve a loan and went over there to your administrative office, Mr.
Odio, I know you was very eager to defend him just now, but there's a lot of
Mickey Mouse going on down there in that office.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORDS.
Mr. Savory: Yes, CD. They're not in the business of opening business or
seeing to it that a business are maintained open in this community. They're
in the business of closing down business. And I want somebody to answer me
that. He's not qualified in the restaurant business.
Mayor Suarez: In a lot of things...
Mr. Savory: Tell me what gives him the qualification to tell...
Mayor Suarez: Sir, sir, a lot of things he ends up doing are things he's not
qualified to do because that job requires a variety of tasks that are not the
kinds of things that...
Mr. Savory: Well, that's the reason why they said they should have given us
technical assistant.
Mayor Suarez: The alternative that most cities would end up doing the same.
We're not going to get involved in this. This City is trying to take a
very...
109 June 23, 1988
Mr. Castaneda: N6,, C6fini§&16fi6t6,,
Mr. Savoty: Yes, but they got involved in it and Coaking My~ loah be.,,
Mayor Suarez: .+. creative, a very ereetive,,.
Mr. Castanedat In this particular case, we...
Mayor Suarez: I can't believe it, nobody's going to let me speak. This is
great. The City is doing things that other municipalities would riot even dare
to touch such as a pilot program of this sort and he is going to be asked to
perform tasks that he's not prepared. He doesn't know anything about
restaurants except that he goes to them occasionally.
Mr. Savory: Yes, but he told me to close it down)
Mr. Castaneda: Commissioners, in this particular case...
Mayor Suarez: I don't believe that it is within his...
Mr. Savory: He didl He told Mr. Rasheed to go to house to house and sell
stuff.
Mayor Suarez: All right, it is not within his purview to make recommendations
on your closing a restaurant.
Mr. Dawkins: And if he made it, you didn't have to do it.
Mayor Suarez: And you didn't have to listen to us so, I mean, you know, I
wouldn't worry about that.
Mr. Savory: And then you have your assistant telling me that I'm...
Mayor Suarez: All he has to do is process loans that we have approved.
Mr. Dawkins: You are here where your last resort is and that's what you're
supposed to come.
Mayor Suarez: Exactly.
Mr. Dawkins: I don't want to know anything about what he said to you or what.
How can I help you? I want to help you.
Mr. Savory: Well, you...
Mr. Dawkins: Now, I'm not interested in whether he told you to stay in
business, go out of business, or come back again. We are here, sir, to help
everybody behind you to try to see what we can do to resolve this problem, OK?
So now, if you and Frank Castaneda got a personal problem and you all.don't
like each other, go outside and buy a Coke and stand up and discuss it, OK?
Mayor Suarez: Right.
Mr. Dawkins: Thank you. All right.
Mayor Suarez: And he's not in the business of giving advice.
Mr. Dawkins: I'll buy the Coke, I'll buy the Coke.
Mayor Suarez: He's not in the business of giving advice to businesses on
whether to stay in business or not. That's something you have to decide from
your own sources. OK, anything else finally different...
Mr. Savory: Well I had a restaurant consultant and I would like for him to
talk in my behalf.
Mr. Washington: I would like to say this...
Mayor Suarez: That has nothing to do with what this Commission is doing,
Yes, Reverend,
110 June 23, 1988
Mr. Washington: That money that you talk about that's in capital development
that can be, perhaps, put back into the program, that would give more fbohey,
hopefully - if those loans can be refinanced through...
Mayor Suarez: Yes, if they can purchase some of those loans, that would be
additional monies.
Mr. Odio: Let me clarify. Oh, they can go to Miami Capital and apply like...
Mayor Suarez: No, no, no, no, no.
Mr. Washington: No, no, no,
Mr. Odio: What do you say, Mr. Mayor, let me get that straight.
Mayor Suarez: We have approved, through this loan program, some loans that
probably could have been approved by Miami Capital Development...
Mr. Washington: Yes, yes.
Mayor Suarez: ... if Miami Capital Development reviews them and agrees to
approve them, they can purchase them and then we have additional funds in the
program, that's...
Mr. Plummer: But that doesn't answer the present question. We have $70,000.
How and what priorities are going to be established to disburse those monies?
Mayor Suarez: I would think that we would first take all of those loans - and
I say first and only - all those loans approved by the screening committee.
You have to decide which are the ones that make most sense to - the loan
committee has to decide if they're still willing to serve - which ones are
most logical to fund.
Mr. Castaneda: I believe...
Mayor Suarez: And I would understand you if you resigned, Mr. Duffy.
Mr. Castaneda: I believe and Ed Duffy can correct me if I'm correct, but they
have reviewed all loans submitted by the screening committee. Some were
approved, some were rejected and that's the reason why they went to outside
loans and please correct me if I'm incorrect.
Mr. Duffy (OFF MIKE): You're right. All loans as stated in the letter had
been reviewed by the loan. We approved some...
Mayor Suarez: OK, well having gone through the process once and seeing that
there's still $70,000 available, you can obviously lean over backwards now and
try to go to the next group of loans even if...
Mr. Duffy (OFF MIKE): That is, that is...
Mayor Suarez: ... they're a little bit riskier, you know, that would be the
Commission's wish, I hope. It's certainly my wish.
Ms. Aiesha: Mr. Plummer, if I...
Mayor Suarez: No, no, no. The Commission's going to act on this hopefully.
Ms. Aiesha: Sorry.
Mayor Suarez: Is that my reflecting Commission consensus on both of those
points that they should reconsider - the loan committee should reconsider all
loans previously screened by the screening committee for the $70,000 and...
Mr. Duffy: Mr. Mayor, I totally disagree with that and I must, just as a
matter of principle. We...
Mayor Suarez: There aren't any loans that you don't think of those 22 that
could be funded?
Ms, Aiesha (OFF MIKE): I don't trust that loan committee,
ill June 23, 1988
Mt. Duffy: No, no, ho, we've already done that and then you gave us
permission to 1h9titute a hew procedure which...
Mayor Suarez: Right.
Mr. Duffy: Other loans that had been presented to Martin Luther King but
had not been screened. CD and Adrienne's bffice, they reviewed those loans
and they presented them. They are still reviewing and would hope we would get
some more money. 1 think these people, they are merchants in liberty City,
and...
Mayor Suarez: Oh, you mean because there are some that are stillpending to be
finally approved or disapproved?
Mr. Duffy: Right, they deserve the same opportunity I mean to reject some
and go back, that would be wrong so I wouldn't want anything to do with it, if
that's going to be...
Mayor Suarez: That's correct, you'd have to finish that process first.
Mr. Plummer: Yes, yes.
Mayor Suarez: And then from whatever's left, plus any monies that we can take
from purchases of loans by Miami Capital, then reconsider the initial loans.
The ones initially approved by the screening committee.
Mr. Duffy (OFF MIKE): Yes, I have no problem.
Mayor Suarez: And only those, please...
Mr. Dawkins: OK, before...
Mayor Suarez: ... not any that did not go through the screening committee,
please.
Mr. Dawkins: Before we do anything...
Ms. Aiesha: Mr. Mayor...
Mr. Dawkins: Before we do anything, where is the Director of Miami Capital?
So that me and all the other Commissioners and you and everybody over here,
it's been said that you purchase the loans and I'm going to use a name,
although this may not be it, Popeye loan and other loans, and you put that
money back into the loan fund. Can you do that?
Mr. Pablo Cisneros: No, sir, I can't.
Mr. Dawkins: Why not?
Mr. Cisneros: Federal regulations.
Mr. Dawkins: All right. So now, see, and I'm doing this so that you don't
leave here thinking we're going to do something that we aren't going to do.
Mayor Suarez: Let me ask him, what...
Ms. Aiesha: Can I interject at this point?
Mayor Suarez: No, no, no, no, no.
Ms. Aiesha: OK.
Mayor Suarez: What federal regulation?
Mr. Cisneros: EDA, HUD.
Mayor Suarez: That says what?
Mr, Cisneros: They say that no monies that Miami Capital receives from any
sources, CDBGs otherwise can be used for the refinancing,
Mayor Suarez: Is this a refinancing?
112 June 23, 1988
Mr, Cisneros: It is a refinancing:
Mayor Suarez: A loan that could have very well gone to you directly and that
by mistake was approved by....
Mr. Plummer: well, I think the problem, the terms and conditions are the
refinancing to be acceptable to them. You know, no collateral where some of
these loans that were received no collateral at all.
Mayor Suarez: Who do you... Yes, on the criteria, but there's a couple of
them, I think, that would have been approved by Miami Capital possibly and
those are the only ones we're asking you to consider purchasing. Who do you
need an interpretation that this is not a refinancing from...
Mr. Cisneros: City Attorney to give me a legal...
Mayor Suarez: I thought you were going to give me a higher authority like
secretary of...
Mr. Cisneros: I'll tell the City Attorney where to go, EDA, Department of
Commerce, Vashington, can do....
Mayor Suarez: That's what I was thinking more like. I mean, who, EDA
director?
Mr. Cisneros: EDA.
Mayor Suarez: That this is if, on these facts that they've never seen
anything like this before, this is not a quote, unquote refinancing. I bet
you we can get you that interpretation.
Mr. Cisneros: Yes, that's right and let me add something to that, Mr. Mayor,
that you may not know. As you know, about a year and a half ago, almost two
years, Miami Capital was asked by this Commission to be more aggressive in our
loan programs and we have been very aggressive in the last year and a half but
this time I'm - like to say, I'm happy to say, they have no monies for
lending.
Mayor Suarez: You have nothing in your loan portfolio - I mean in your
available monies?
Mr. Cisneros: I have at this moment - available monies I have at this time
approximately $600,000 from EDA and with the help of Mr. Castaneda...
Mayor Suarez: That doesn't sound like nothing to me.
Mr. Cisneros: Well, let me tell you, with this is EDA money that I cannot
lend in certain parts of the City of Miami.
Mayor Suarez: Such as?
Mr. Cisneros: Such as Allapattah, downtown, parts...
Mayor Suarez: Liberty City? We're talking about Liberty City.
Mr. Cisneros: Parts of Liberty City, I think some of them, they cross each
other.
Mayor Suarez: Well, check to see if some of these cannot fit under your
criteria and I bet you the refinancing issue can be resolved, Pablo.
Mr. Cisneros: Right. But the criterias under EDAs monies have 50 percent
lending. In other words, 50 percent matching funds lending. In other words,
the customer would have to come up with some money.
Mayor Suarez: All EDA's money...
Mr, Cisneros: Fifty percent.
Mayor Suarez: All EDA monies without exception,
113 June 23, 1988
16 4-
Mr. tisnefos: Without Oxt eption is 50 percent.
Mayor 5uaret: And that's the bum totals of the mohies that you have available
for lending.
Mr. Cisneros: Right now, $600,000. I'm over committed thyself in HUD, I over
committed myself in the City of Miami and I just, you know, that's the
situation.
Mr. Dawkins: Reverend William = Reverend Washington, come to the mike, come
to the mike.
Ms. Aiesha: Excuse me, if I can interject at this point, Mr. Cisneros...
Mr. Cisneros: Yes, ma'am.
Ms. Aiesha: You know that in 1986 I had a meeting in which I had every black
leader in Liberty City to come to...
Mr. Cisneros: I attend.
Ms. Aiesha: ... and we addressed issues with you and you gave me your word
that you were going to make sure that Miami Capital helped the business people
in Liberty City. Now you are standing here...
Mayor Suarez: And we took everything out of his hands and we gave it to the
loan committee and the screening committee. We took everything right out of
Miami Capital. He was precluded from getting involved in this.
Ms. Aiesha: No, this is something about Miami Capital Development.
Mayor Suarez: When we all... right.
Ms. Aiesha: Now, this is what I'm concerned about.
Mayor Suarez: As to this loan program, and the kinds of loans that we were
talking about here, we asked him not to handle those.
Ms. Aiesha: I understand.
Mayor Suarez: The regular loans...
Ms. Aiesha: He has nothing to do with the Model City loan pilot program.
Mayor Suarez: Right.
Ms. Aiesha: I'm asking for something that goes back to 1980 in which funds
were sent down in the amount of millions of dollars that never got to peoples
in the areas of which Miami Capital was closed down. I understand that...
Mayor Suarez: We're not going to get into that. Let me cut you off, let me
cut you off right now.
Ms. Aiesha: Yes, yes...
Mayor Suarez: We're not going to get into that because he was appointed after
1985...
Ms. Aiesha: Yes.
Mr. Cisneros: In 1986.
Mayor Suarez: Miami Capital Development Corporation was inactive and its
funds were frozen after 1985 and we managed to get that going and it is now
functioning and the loans he's given are loans to in every case, businesses
that further the City's economic development goals. And if that's not the
case, if you find one that isn't that way, I hope you tell us about it because
otherwise his job could be on the line, but.,.
Ms. Aiesha: Well, this is what I'm getting to - Honorable Mayor, this is what
I'm getting to.
114 June 23, 1988
Mayor Suarez: We have changed evefything since 1085 in many of these areas
that you're talking about, to going back to 1980 and the 80 Poillion dollars
that none of us ever flaw...
Ms. Aiesha: Oh, let's go back to 186. Let's go back to 186. What I'm saying
with all due respect...
Mayor Suarez: But wait, wait, wait, no, no, no, no,no. We're finished oh
this topic unless some Commissioner wants to..,
Mr. Dawkins: Reverend Washington.
Ms. Aiesha: I would like to have the.:.
Mayor Suarez: No, we want to hear from Reverend Washington, please.
Mr. Dawkins: Reverend Washington.
Mayor Suarez: This is not your forum. This is everyones' forum. Reverend.
Mr. Dawkins: Reverend Washington. We have $70,000 with which to divide
between 22 individuals which come to $3,000 plus per individual. Now, in your
professional advice, would you say that $3,000 divided between 22 people will
help 22 people stay in business? Or would you say that it would be better to
take the 22 names and put them in a hat and pull out two names and give them
$35,000 a piece, sir? In your opinion. Now, this is your honest opinion,
sir, I don't - and I'm not even saying this would happen, I'm just asking for
an opinion.
Reverend Washington: Well, there are various alternatives to that as far as I
can see it. You can put them all in the hat.
Mr. Dawkins: OK, all of them who applied - and for $35,000 each and who ever
comes out of the hat, that's it.
Mr. Washington: No.
Mr. De Yurre: Some may only want twenty.
Mr. Plummer: What are you going to do with the ones that only requested
$20,000?
Mr. Dawkins: Beg your pardon?
Mr. Plummer: There were ones that requested a lot less than the thirty-five.
Mr. Dawkins: Then he gets thirty anyway, I mean, that's all. Come on now.
Mr.
Washington:
No, no really, the way I see it, we
should have something
like
a straw pull.
Mr.
Plummer (OFF
MIKE): No way to run an airline.
Mr.
Washington:
And you don't need that?
Mr.
Dawkins: I asked you for your opinion, OK?
Mr.
Plummer (OFF
MIKE): Yes, but how do you choose
between 22, that's the
problem.
Mr.
Washington:
Well, actually...
Mr.
Dawkins: Now, will you give me your opinion and then anybody else, if I
want
theirs, I'll
ask them for theirs.
Mr.
Washington;
OK,
Mr.
Dawkins; All
right?
Mr.
Washington;
Actually, that's my suggestion that we
would pull straws,
Mr. Dawkins; OK, all right, OK, Call the question.
115 June 23, 1988
1
4
Mayor Suarez: bR, I'll entertain a motion to complete the processing of the
$10,006 into i- look into the possibility that Miami Capital tarn purchase loans
of this pool that it would have been able to approve in the first instances
Mr. Plummer: How is that raoney going to be distributed? The refbaining
seventy!
Mayor Suarez: The loan t:bmmittee, if they're still willing to snake that
decision.
Mr. Duffy: Mr. Mayor,
Mr. Plummer: That's fine with tee.
Mayor Suarez: No, unless you're not willing to serve.
Mr. Duffy: No, no, but not by straw.
Mayor Suarez: No, no, you have to use your...
Mr. Duffy: OK.
Mr. Plummer: No, no, no, you use your best judgment.
Mr. Duffy: OK, very good.
Mr. Rasheed: Commissioner.
Mayor Suarez: Do we have a motion on that?
Mr. Plummer: I'll move that.
Mrs. Kennedy: What's the motion?
Mayor Suarez: Do we have a second? Second.
Mayor Suarez: Any further discussion? It will be to have the...
Mrs. Kennedy (OFF MIKE): What's the motion?
Mr. Plummer: Theloancommittee will do their process as they have done in
the past and they will make the determination where that seventy goes.
Mayor Suarez: And we will make every effort to have Miami Capital purchase
any loans if it can legally do so. And I will...
Mrs. Kennedy: And I hope that Miami Capital votes on that on its merits of
the loans merits, on each individual case.
Mayor Suarez: Absolutely. It's got to be on the same basis as they were
doing before, just obviously look somewhat more relaxed if you are able to go
back to some of the initially not approved ones and Pablo, we'll help with
DDA, you know, let's try to get interpretations to do things. Let's not
just...
Mr. Cisneros: Mr. Mayor, I'm... as you know, I always cooperated with the
City and everybody else. If we can do it...
Mayor Suarez: Thank you, thank you, don't... I mean, it's very easy to give
the opinion that something cannot be done, you know, that's the story of our
lives.
Mr. Cisneros: I just want to concern with the legal aspects of the whole
thing.
Mr. Rasheed; Mr. Mayor, may I make one statement?
Mayor Suarez: On that motion only, Are you against the motion?
Mr. Rasheed: Make the motion again please, sir.
116 June 23, 1988
Mayor Suarez: The motion is that we proceed to process the $70,000 that are
worth that are loft in the program and to the extent that...
Mr. Dawkins (OFF MIKE): That doesn't cover you.
Mayor Suarez: Right, to the extent that there's additional monies available
in, then we go back to loans that initially went through the screening
committee and they make determination. The loan committee makes a
determination as to who the money's lent to and that we try to get Miami
Capital to purchase some of the loans that maybe should have gone to them in
the first place, if that could be done legally. That adds additional monies
into the pool.
Mr. Rasheed: I have a point on that. The screening committee - My name is
Prentice Rasheed, I am the chairman of the Liberty City Miami -Dade Merchants
Association, also own Rasheed Jewelry and Clothing. I have a concern that on
that loan, on the screening committee - if they just did the way you
originally established it, I saw and most of the people saw no problem with
that screening committee process. The intervening of the CPA which we don't
have now, we're using some other compartment there, I believe, it's not even
utilized. But the screening committee, if it do what the Reverend Washington
spoke of, and that process go from hand of the chairman of the screening
committee to the hands of the chairman of the loan committee, then the loan
committee, whatever they function were, as far as defining processes that over
to the community development department, I...
Mayor Suarez: We gave them power to approve loans or disapprove them. They
have the absolute power.
Mr. Rasheed: The screening committee, I thought, had the first - I don't see
why you have two or three...
Mayor Suarez: You were supposed to screen the loans. Any that didn't fit the
criteria, should have been rejected and all the rest should have been referred
to the loan committee. That was...
Mr. Rasheed: That was the screening committee, the loan committee was
fundamentally set up to help distribute those process those loans to the...
Mayor Suarez: Help decide who was going to get the loans, figuring that there
were going to be many, many more loans applied for than the monies that were
available plus that they had to look at some of the technical considerations
and ability of the people to pay back and so on.
Mr. Rasheed: Well, somebody's got a job that's overlapping somebody else and
I think that is...
Mayor Suarez: And all the City staff is supposed to be doing is facilitating.
They're not the ones deciding these.
Mr. Rasheed: I don't see why having two people with the same power...
Mayor Suarez: No, no, screening committee's only to screen loans and tell
people that right off the bat don't meet the criteria that they can't apply,
that's all.
Mr. Rasheed: But what about the one when they approve, say you do apply and
you should get your loan and then you find out that the loan committee say you
don't get it. Are you...
Mayor Suarez: No, no, no, the screening committee does not approve any loans.
It only screens them, it only disapproves those that don't meet the criteria
and refers them to the loan committee. That's all it does.
Mr. Rasheed: So it don't approve a loan.
Mayor Suarez: No, it does not.
Mr. Plummer: No.
Mayor Suarez: And to the extent that we didn't clarify that before, I hope
it's clarified now.
117 June 23, 1988
Mr. Rasheed: That wasn't hbV6 r Clear whether they vas because they thought it
vas approve...
Mayor Suarez: We all thought that that's what a screening committee meant.
Unfortunately, there was an additional confusion because some loans that were
not screened by the screening committee also reached the loan committee and
were approved and that also was not the way we meant for it to happen. OKI
Mr. Rasheed: OK.
Mr. Plummer (OFF MIKE): Call the roll.
Mayor Suarez: Motion and a second. Call the roll.
Mr. Duffy: Mr. Mayor, excuse me - I would like - I'm sorry, but I'd like a
clarification on the motion myself because what I just said to you was, the
loans that did not have the opportunity to come before it because of lack of
funds - excuse me...
Mr. Plummer: They still have the opportunity to do it. Yes, they were part
of the process.
Mayor Suarez: Yes, yes. I'm glad for the clarification.
Mr. Plummer: They were part of the process.
Mr. Duffy: But they will not be going back to the screening committee.
Mayor Suarez: They don't have to go back to the screening committee if they
were already screened.
UNIDENTIFIED SPEAKERS (OFF MIKE): Wait a minute, wait a minute...
Reverend Washington: That doesn't sound like what we're hearing.
Mayor Suarez: Oh, you want the whole thing to begin again by going through
the screening committee?
Reverend Washington: No, no, no. We're trying to find out, of those who
never came through the screening committee...
Mayor Suarez: No, no, no, those cannot be contemplated at all but those that
were - that did go through the screening committee don't have to go back to
the screening committee again. That's the pool from which they're going to
select the loans approved.
Mr. Washington: I'm not hearing that from Mr. Duffy.
Ms. Aiesha (OFF MIKE): Right.
Mayor Suarez: Oh no, let me just clarify that, anything that did not go
through the screening committee you are not to contemplate at all.
Ms. Aiesha: They have.
Mr. Duffy: Because we had already turned down those loans. We can't - I
stated earlier that we couldn't bring them back, we rejected them. We had
additional loan...
Mayor Suarez: What you're saying is there's no loans of those that were
referred to you by the screening committee that...
Mr. Duffy: It was 27. Ninety-two applications and only 27 came from the
screening committee.
Mayor Suarez: ... that could now be reconsidered and possibly approved for
funding? Not one?
Ms. Dyer: Mr, Mayor...
Mr. Duffy: Mr. Mayor, I don't think that would be right,
118 June 23, 1988
Mr. byes: Mr. May6r, Mr. Mayor, Mr, Mayor."
Ms. A eaha (OPP MIKE): +,, I can. That's h6t true, Mayor.
Mr, byer: Mr. Mayor.
Mayor Suarez: Well, wait a minute, wait a minute, Bernie: If that's the
problem, maybe this Commission is trying to tell you otherwise and if you're
not willing to serve in the capacity of the loan committee, we'll find another
loan committee because for me I'm satisfied...
Ms. Aiesha: Thank you.
Mr. Rasheed! Thank you!
Mayor Suarez: No, no, it's not in any way...
Mr. Duffy: Well, Mr. Mayor, you know...
Ms. Aiesha (OFF MIKE): That's what we want.
Mr. Dawkins: We11, I'll tell you what, Mr...
Mr. Duffy: No, that would be fine with me. I have no problem with that:
Mr. Dawkins: Wait a minute, hold it, hold it, hold it. Hold itl
Ms. Aiesha (OFF MIKE): That's what we want.
Mayor Suarez: Because if you have a difficulty with that, maybe, you know,
someone else could do it.
Mr. Dawkins: You took my request to serve on that committee, OK? And I will
not have you brow beat and what have you, OK?- So now, if anybody :wants to
have another damn screening committee, be my guest.- You do not have to serve
and I appreciate what you've done, sir.
Ms. Aiesha (OFF MIKE): He hasn't done nothing.
Mayor Suarez: No, please, if we have any more interruptions from you, _weIre
going to have to ask you to be removed from the proceedings. You're not
adding anything at this point when you're speaking out of order and you're only making life difficult for someone who worked awfully hard to make this
program happen. Do you have a problem with the idea that certain loans...
Mr. Duffy:. I have no problem if the screening committee is going to be
reactivated.
Mayor Suarez: What, can get to be re -reviewed now?
Mr. Duffy: What I'm saying is this. The loans that we have, we have some
loans we were looking at, I'll be willing to turn the new loans over to the
screening committee which would be right. These people never had a chance.
Those loans that have been turned down for whatever reason, they should not be
considered. That's no more than fair, Mr. Mayor.
Mr. Plummer: Oh, I agree with that.
Mr. Duffy: Not because of me or anybody.
Mr. Plummer. I agree with that.
Mr. Dyer: Mr. Mayon, Mr. Mayor....
Mayor Suarez; OK, the motion and the second were not understood...
Mr. Plummer: They've been turned down, then that's it, that's why we had a
screening committee?
Mayor Suarez; ,.. so I think it makes sense to withdraw the motion and second
and see how this Commission feels, My understanding of the motion was not
119 June 23, 1988
your uhderstanding and maybe not Commissioner Plummer's and maybe not
Commissioner Dawkins'. I thought you were simply going to re -review the same
loans that came from the screening committee = don't tell me one way or the
other because it's irrelevant what you think at this point. It's relevant
what this Commission thinks and what we're asking you to do if you're willing
to do it unless the Commission wants to go in a different direction. So I'll
take the !notion in whatever way you want to restate it, members of the
Commission, because we really have to move on this.
Mrs. Kennedy: We'll have to start the process again.
Mr. Plummer: Well, no, you don't want - well, excuse me, I'm sorry, I
shouldn't disagree with you. My thoughts on the matter is that all persons
who had applications in at the time that this program came to a temporary
halt, should be considered. That at no time should the loan committee
consider those that have been turned down by the screening committee. It's
just that's my feeling on the matter.
Ms. Aiesha (OFF MIKE): That's right.
Mr. Savory (OFF MIKE): OK, now let me say something.
Mr. Duffy: You're saying, Mr. Commissioner, that all loans up to now that has
been presented...
Mr. Plummer: Yes, sir.
Mr. Duffy: ... they should be - I'll agree with that.
Mr. Plummer: Yes, sir, I agree...
Mr. Duffy: I agree with that but not - no loans have been turned down.
Mrs. Kennedy: I have no problem...
Mr. Plummer: In other words, they played by the rules. It is not their fault
that we ran out of money. Now, they didn't get the opportunity to be screened
or to be considered because there was no money there, why put them through a
futility? So what I'm saying is, if their application was in at the time that
this was brought to the temporary halt, they've got to be considered in
fairness, but at no time, in my estimation, should a loan be granted or even
considered to those who have been turned down for whatever reason by the
screening committee.
Mayor Suarez: OK, by the loan committee you meant.
Mrs. Kennedy: I have no problems with that and if you put that in the form of
a motion I'll second.
Mr. Plummer: I'll put that in the form of a motion.
Mrs. Kennedy: Second.
Mayor Suarez: What - by the loan committee you meant?
Mr. Plummer: By the screening committee. If the screening committee turned
them down, in my estimation, if they're serving a purpose...
Mayor Suarez: That's not the cases we're talking about. We're talking about
the situation where the screening committee passed them over to the loan
committee, but the loan committee turned them down.
Mr. Plummer: That's correct, they turned them down because of the fact that
they didn't have adequate funds.
Mayor Suarez: OK, now are we asking them to again review the recommendations
of the screening committee and see if they can fund those? That's what I
thought the motion did.
Mr. Plummer: That, plus any ones that had not been processed because of no
funds,
120 June 23, 1988
It
0
Mayor guarel: Right, that's exactly what 1 thought the iaotioh was.
Mr. pluftaer: That's exactly what...
Mayor Suarez: Now, do you have a problem, is the loan totornittee doing that?
Mr. Plummer: No, what he's saying is, maybe something = maybe I can interpret
here. Where's 22 that have been approved...
Mayor Suarez: Recommended by the screening committee.
Mr. Plummer: ... that there were no funds for. He's saying that there were a
lot more that never went through that process and that they should be also
considered because the only reason they weren't considered was that there were
no funds available. Is that correct?
Mr. Duffy: That's exactly what I'm saying.
Mr. Plummer: And I agree with the point...
Mayor Suarez: But don't you think those should go back to the screening
committee to be screened if they were...
Mr. Plummer: They've got to go through a screening process.
Mayor Suarez: Right.
Mr. Plummer: They've got to.
Mr. Duffy: If we're going to send them all back, the ones that haven't been
screened, I have no problem with. I'm only saying that the loans that we have
turned down, you know, while I'm on the committee, I will no reconsider. You
know, and then that's a problem.
Mr. Savory: Mr. Mayor.
Mayor Suarez: See, I don't know - no, no, no, no. We've got the picture
pretty clear here now. Let's see if we can solve it the way the Commission
wants to go on this. Well, how does the Commission feel, I mean, he's saying
that as chairman of the loan committee that he would not reconsider a loan
turned down by the loan committee.
Mr. Plummer: That has been approved by the screening committee?
Mr. Duffy: No, that...
Mayor Suarez: Right, recommended by the screening committee.
Mr. Savory: Ask them if they would consider a loan that was approved.
Mr. Duffy: ... the screening committee made recommendations to the loan
committee. It was our responsibility to amend..
Mr. Plummer: OK...
Mr. Duffy: ... reject, or whatever. Now, we made a decision on that loan
already, I think it's unfair to other people...
Mr. Plummer: You mean that's been turned down.
Mr. Duffy: Yes,
Mr, Plummer: Well, I'm assuming that you turned it down for good reason and
good cause,
Mr. Savory (OFF MIKE): Based on what?
Mr. Duffy: Correct,
Mr. Plummer: OK, then I would not expect you to come back because your same
report would be existing the same as it was when you turned it down.
121 June 23, 1988
It 0
UNIMNTIPIKb MAM (OPP Mlkt): boh"t sister, don't do it, please.
Mr, huffy: correct,
Mrs. Kennedy: That's right, hothing would have changed,
Mr. Plutamer: Nothing would have changed, I tdeah that,..
Mayor Suarer. well, but no, but things may have changed, They may Have
wanted to give additional informatioh...
Mr, Plummer: Only, Mr. Mayor, if, in fact, it was turned down because there
were no funds. That's a different ballgame. Now, if, in fact, you turned
them down for good cause and good reason, I would not expect you to put
through the process again to give the same reasons of turning them down.
Mr. Duffy: I have no problem with that.
Mr. Plummer: That's definite.
Ms, Aiesha (OFF MIKE): Appeal, that's why we're appealing.
Mayor Suarez: Well, the thing is if they can't take additional input from the
applicants then we have no appellate process and we've basic...
Mr. Plummer: Well, but Mr. Mayor, I think that - no, we do not have an
appellate process, but we did have, as loose as it was, a process to follow.
All right? Now, that process is got to be fair to all people who apply
regardless of the amount. I think the point that we heard was of $570,000, we
had over $3 million dollars worth of the requests.
Mayor Suarez: So, why don't you make the motion simply. If that's what you
want to do to...
Mr. Plummer: Mr. Mayor, my motion would be that we instruct the loan
committee to process all of those applications that were in at the time of the
temporary halt. Those which have not been to the screening committee would be
sent to the screening committee and then sent back for the distribution of the
$70,000 exclusively at the right of the loan committee. Excuse me, Mr.
Chairman...
Mr. Duffy: Yes, sir.
Mr. Plummer: ... just so you understand, I am not, in my motion precluding
that if you wish to take additional information from one of, these people who
have been turned down previously, that you shouldn't do that. I'm not
prohibiting that.
Mayor Suarez: I think you should go a step further and say that any one of
the applicants that wants to give additional information should be allowed to
do so.
Mr. Plummer: And 1 don't think there's any problem with that at all, no.
Mayor Suarez: All right, please, because that way I can vote for it.
Mr. Plummer: I have no problem with that.
Mayor Suarez: All right, phrased as such, understood as such, we have a
motion. Do we have a second?
Mrs. Kennedy (OFF MIKE): Yes, second.
Mayor Suarez: Call the roll.
122 June 23, 1988
It 0
The following motion was ifitroduced by Commissioner Plummet, who Moved
Its adoption:
MOTION NO. 88-578
A MOTION INSTRUCTING THE LOAN COMMITTEE TO PROCESS ALL
OF THOSE APPLICATIONS THAT HAD BEEN RECEIVED AT THE
TIME OF THE TEMPORARY HALTING OF THE DISBURSEMENT OF
FUNDS TO MERCHANTS PARTICIPATING IN THE MODEL CITY
SMALL BUSINESS DEVELOPMENT PILOT PROGRAM; FURTHER
STIPULATING THAT THOSE REMAINING APPLICATIONS WHICH
HAVE NOT BEEN SENT TO THE SCREENING COMMITTEE, SHALL
BE FORWARDED TO THE SCREENING COMMITTEE AND THEN SENT
BACK TO THE LOAN COMMITTEE FOR THE APPROVAL OF THE
REMAINING $70,000; FURTHER ADDING THAT IF ANY OF THE
APPLICANTS WOULD LIKE TO PROVIDE ADDITIONAL
INFORMATION TO THE LOAN COMMITTEE, THEY SHALL BE
ALLOWED TO DO SO.
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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: And we will continue to look for funds and we'll look at this
report and see if we can expand the program.
Ms. Aiesha: Mayor, I wish to apologize to the Commission for my emotionalism
and I don't wish to be disrespectful in any way and it's just that it's very
difficult what we've been going through for the past year. I don't mean any
disrespect and the people that I've addressed but we hope that this part that
you mentioned about coming back letting them know additional information where
in my case and other people's cases need to be clarified for an example the
fact that if you don't have a business location, if they lost the paperwork
in...
Mayor Suarez: That's why we're allowing you that opportunity. We accept the
apology. We have to move on to other items.
Ms. Aiesha: Thank you.
Mr. Savory: Mr. Mayor.
Mayor Suarez: We're on to the next item, I'm sorry.
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27. REQUEST THE CITY MANAGER TO BRING BACK INFORMATION REGARDING NON -
DISBURSEMENT OF MONIES ALLOCATED AT THE MEETING OF OCTOBER 22, 1987, IN
CONNECTION WITH CENTRAL AMERICAN INDEPENDENCE DAY FESTIVAL ($7,500) (SEE
LABELS 35 AND 58).
Mr. Dawkins: I got a pocket item, Mr. Mayor.
Mayor Suarez: Yes, Commissioner Dawkins.
Mr. Dawkins: In 6-23-88, a resolution was passed allocating an amount not to
exceed $7,500 on special programs and account in support of the Central
American Independence Day Festival held at the Orange Bowl on September the
20th, 1987. Why wasn't that done and why...
Mr. Odio: What date, Commissioner?
123 June 23, 1988
•
Mr. bawkihb: 6/23/68:
Mr. Odib: And the $1,500, thatis r 6/21 is today.
Mr. bawkibb: Yet,
Mr. plurnrneri '8?,
Mr. Odibi '81, you say?
Mr. Dawkins: Um humor.
Mr. Odio: I'll have to check, Commissioner; It's $1,5001
Mr. Dawkins: Yes, it was [notion 87-865, on October 22, 081. I'd like to move
now that these people be given this money because... unless it's some legal
reason why it wasn't given.
Mr. Odio: I'll have to check it out.
Mr. Plummer: Do you want to get the report back first? - before this meeting
is over?
Mr. Odio: I'll get you the report back.
Mr. Dawkins: All right, you will bring it back at the next meeting?
Mr. Plummer: No, get the information before we are out today.
Mr. Odio: I might bring it back today.
Mr. Dawkins: OK, bring it back. Here you are, Frank.
28. AUTHORIZE CITY OF MIAMI PLACEMENT OF ADVERTISEMENTS IN "LA NACION".
------------------------------------------------------------------------------
Mr. Dawkins: I have one more and then I'll be finished, Mr. Mayor. I'd like
to move item 28, because I have to leave at 5:00 o'clock, but I'll be back at
7:00 o'clock.
Mayor Suarez: Is that on the afternoon items?
Mr. Dawkins: Yes, item 28.
Mr. Plummer: Oh, yes.
Mrs. Kennedy: Which one is that?
Mr. Plummer: La Nacion.
Mr. Dawkins: I'd like to move that we place advertising in La Nacion.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Dawkins; Thank you, Mr. Mayor,
�} Mr. De Yurre: Mr, Mayor,
Mayor Suarez: Commissioner.
Mr. De Yurre; I think there are a couple of other newspapers also wanted to
be included on it, so I'd like to add Prensa Medica and La Razon,
124 June 23, 1986
Mr. Plub*tr: Do they meet the Crriteria!
Mr. De Yurre: Prensa Medics and La Razors.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, we need that, thank you.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, now, you have to sit down Ma'am, otherwise we are going
to have to remove you from the chambers.
Mr. De Yurre: Yes, it is my understanding you do meet the criteria.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Please, Ma'am!
Mr. Dawkins: OK, it meets the criteria?
Mr. De Yurre: That's my understanding.
Mr. Dawkins: All right, I'll accept the amendment if it meets the criteria.
Mayor Suarez: OK, subject to the...
Mr. Plummer: Wait a minute) Who are they?
Mr. Dawkins: La Nacion...
Mr. De Yurre: Prensa Medica and La Razon.
Mr. Dawkins: La Nacion.
Mr. Plummer: La Nacion is on the agenda, I note.
Mr. De Yurre: All right.
Mayor Suarez: Who is the publisher?
Mr. Plummer: Hold those until the next week, but let's pass La Nacion today.
Mr. Dawkins: OK.
Mr. De Yurre: OK.
Mayor Suarez: You want to add Prensa Medica, because we are all pretty
familiar with that one.
Mr. De Yurre: OK, let's do that one, then.
Mr. Plummer: What?
Mr. De Yurre: Prensa Medica.
Mr. Plummer: Let's just hold it until the next meeting.
Mayor Suarez: However you want it.
Mr. Plummer: Let's do La Nacion, that's on the agenda, it's been published,
and let's get that one behind us.
Mayor Suarez: OK, do we have a motion, do we have a second?
Mr. De Yurre: Second.
Mr. Plummer: I would ask in the interim time the City Manager get those names
and see if they meet the criteria which we established.
125 June 23, 1988
Mayor $ubret: Call the roll.
The following resolution was intrbduted by Cbmmissioner Dawkihtj who
Moved its adoption:
RESOLUTION NO. 88-579
A RESOLUTION AMENDING RESOLUTION NO, 88-55, ADOPTED
JANUARY 14, 1988, TO INCLUDE LA NACION AS A LOCAL
NEWSPAPER FOR PUBLISHING PUBLIC NOTICES, SAID
NEWSPAPER BEING REQUIRED AT ALL TIMES TO MEET CRITERIA
ESTABLISHED BY LAW.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Maybe you ought to suggest to her that she can go to one of our
offices...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, if you are going to be there, Ma'am...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Yes, Ma'am, but if you are going to be there, you cannot speak.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, the meeting is going to take a long time, but if you
continue talking, you are going to have to be removed.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Very good. Well, it may be nice 9:00 p.m., so if you can last
it out, I certainly can.
29. PERSONAL APPEARANCE BY JACINTO PEYNADO, SENATOR OF THE REPUBLIC OF SANTO
DOMINGO - THANKING THE CITY OF MIAMI SISTER CITY PROGRAM.
Mr. Plummer: Mr. Mayor, I'd ask that Senator Peynado be given the opportunity
for a few moments to speak.
Mayor Suarez: Senator Jacinto Peynado, would you come up to the mike?
Mr. Plummer: Jacinto, welcome to the great seat of democracy.
Sen. Jacinto Peynado: Thank you, Mayor Suarez, City Commissioners, for the
opportunity to be here today. I will be extremely brief, since I know you have
a tough agenda. Briefly, I just want to thank you very much for sending to
Santo Domingo, a group of firemen lead by Chief Colonel Duke, to help us put
out a fire in the City of Santo Domingo, taking into account that we recently
signed a Sister City Program with the City of Miami. We are very grateful for
the help and I just wanted to say that I want to come here today to say that
this testimony that I am giving is that the Sister City programs do work.
126 June 23, 1988
That we are in need of all the advice and all the help that your Fire
Department can give us, and that we are now implementing a program with the
Fire Department of the City of Miami to we can send some of our people to be
trained here. I want to sincerely thank you, Duke, and his men for all they
did. I think that with their help we were able to save a lot of lives and a
lot of property amounting to millions of dollars, so I want to thank the City
of Miami for sending their men down and I wish some way we can replay this
back in the near future. Thank you very much.
NOTE FOR THE RECORD: AT THIS POINT, AT MAYOR SUAREZ' REQUEST, A
LADY IS ESCORTED FROM CHAMBERS FOR REPEATEDLY INTERRUPTING THE
PROCEEDINGS.
Mr. Plummer: Mr. Mayor, let me say for the record that when we went down to
Santo Domingo, that it was at absolutely no cost to the City of Miami.
Senator Peynado sent his private airplane, and took them down and brought them
back. There was absolutely no cost to the City of Miami. Thank you.
Mayor Suarez: Thank you, and thank you, Senator, and we hope that you are
able to convince Commissioner Plummer to go to Santo Domingo as often as
possible.
Mr. Dawkins: Next time.
Mayor Suarez: All right, maybe take permanent residence there? I have a
feeling that we are being lobbied to hear from you a minute or so. Do you
want to make a statement, sir, on the prior item?
Mr. Dawkins: Make him Fire Chief down there. We'll pay his salary.
Mayor Suarez: Why don't you go ahead and make a quick statement to that
effect? We meant to get to you, but other people extended their statements to
the point that we never got to you. Thank you, Senator. And you got the
Chief's name right! It is Chief Colonel Duke.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Colonel, Chief, you know, whatever. He runs the show.
That's...
------------------------------------------------------------------------------
30. PERSONAL APPEARANCE BY MR. GEORGE YAP EXPRESSING GRATITUDE FOR LOAN
RECEIVED THROUGH THE MODEL CITIES SMALL BUSINESS PILOT PROGRAM.
------------------------------------------------------------------------------
Mr. George Yap: Mr. Mayor, Commissioners, my name is George Yap, I am the
president of VISA Industries, 6105 NW 6th Court, in Liberty City area. I was
one of the merchants that was fortunate to receive $75,000 from the Model City
block program. My business is manufacturing food processing. I employ
approximately 90 percent blacks form Liberty City, Overtown, Brownsville, and
the Model City. My work force consists of a majority of ex -offenders, which
consists of murderers, armed robbers, house breakers, school dropouts and
mothers on welfare. The loan I received from the City through the Model City
Small Business Loan Development Program, it helped me to expand my business,
to purchase new equipment and give me working capital. If I had not received
this loan, I would have to cut my staff, lay off my workers...
Mayor Suarez: Who gave you the loan?
Mr. Dawkins: We did.
Mr. Yap: Model City, yes, right.
Mayor Suarez: From the Model City's program?
Mr. Castaneda: Yes,
Mayor Suarez: How much was it?
Mr. Yap: $75,000.
127 June 23, 1988
Mayor Suarez: tow. How rnany people do you have employed how?
Mt. Yap: Roughly 45 people,
Mayor Suarez: Forty-five, and §b percent of the employees are blacO
Mr. Yap: Black, yes, from the Liberty City area; Model City, Overtown.
Mayor Suarez: What is your own background?
Mr. Yap: Pardon me?
Mayor Suarezt What is your own background? Where are you from?
Mr. Yap: I am from Kingston, Jamaica.
Mayor Suarez: Very good.
Mr. Yap: But I am now an American citizen. Because of being given this loan
here, it enabled me to keep my business open. If I had not got the loan, I
would have probably closed my doors, but it has made me expand and hire more
people, but I know that the people who have applied and have not refused any
funds from this project, I know it is very hard for them, and I know that
there is 'not enough money to go around for everybody, but I was one of the
fortunate few.
Mayor Suarez: And you are going to pay us back?
Mr. Yap: Sure I will.
Mayor Suarez: And we can give more loans out.
Mr. Yap: So, I appreciate it. Thank you very much.
Mayor Suarez: Thank you, and thank you for your statement, and
congratulations. We occasionally have someone who comes to thank us, really!
These will be available from The Miami Herald Neighbors section on the success
that he has had. It is very interesting. We would like to keep some in my
office, if you wouldn't mind.
Mr. Dawkins: One thing, Mr. Mayor. Mr. Manager, I asked you to, on the union
thing, to bring it back at the next meeting. I think that you and I need to
sit down and then after you and I talk, then you brief the other Commissioners
and then we decide what to do.
Mr. Odio: Thank you, Commissioner.
31. APPROVE IN PRINCIPLE ESTABLISHMENT OF AN ASIAN VILLAGE IN THE CITY OF
MIAMI AS A TOURIST ATTRACTION.
Mayor Suarez: Item 22, very quickly, the Asian Village. I know we passed you
over twice.
Mr. Plummer: Hey, I would have a problem with this without a public hearing.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Oh, no question.
Mr. Steve Young: Mr. Mayor and Commissioners.
Mr. Plummer: No, no,
Mr. Young: My name is Steve Young, I live in Miami, I am a practicing CPA
here for about ten years, I am also the vice president of the Asian -American
Chamber of Commerce. I'd like to take a few minutes to present a proposal,
which would be of benefit to the City of Miami.
128 June 23, 1988
Mt. Plummer: Mr. Mayor, could I atop?
Mr. Dawkins: I move it.
Mr. Plummer: No, I got a problem, OK? My problem is, rather than making a
presentation to just this Commission, I think that you have got some far
reaching things here, and I not going to say that they are not good, but I do
feel that when we do these kinds of things, that there has got to be a public
hearing, and the people that will be affected by this immediate area are going
to have to have a say, and I think the proper way to do this is schedule it
for a public hearing before this Commission, let you make your presentation
then, I don't think you need to make it twice, and then let's make our
decision, but to have anything here today without a public hearing, I think is
wrong.
Mr. Bob Clark: It is just to designate it, J.L., rather than no designation
at all, no streets, no nothing.
Mr. De Yurre: Shouldn't we get the Planning Department to work on this, and
let them bring something concrete to us, and not just bring ideas at random?
Just have a game plan.
Mayor Suarez: Yes, I think that we can approach this many different ways, but
allowing him to make a brief presentation, and having the Commission at least
give some indication that this is something worth while trying - you are not
asking for any resources at this point, and then referring it to Planning to
report back to us, maybe with the hearings that you are suggesting, so the
neighbors can express their preference. Jim, I know you would have no
objection to that. Could you make just a quick presentation, in view of the
all the things we have and the fact we are going to have to take this as a
first step in a long process, frankly.
Mr. Young: We would like to designate an area of Miami as an official project
of the City of Miami. The area boundaries are, north boundary, NE 85th
Street; south boundary, NE 75th Street; east boundary, four blocks east of
Biscayne Boulevard; west, two blocks west of Biscayne Boulevard, or whichever
area that you decide is to the best benefit of the City of Miami. The area
has been neglected and has not being put to its best use. I would like to ask
your support along with... to bring this area back. This project provides an
opportunity for the City to take one of its unattractive areas and turn it
into an attraction. A common goal is necessary for this to happen. The goal
is to serve the common interest. An Asian area provides an ideal vehicle.
Businessmen would be better able to target their customers, thereby reducing
their risk. Asians would be able to find a home away from home. They could
satisfy their cultural needs in a central location. The general citizens and
tourist would be able to find a unique area to visit and explore. The City
would be able to generate more tax revenues and make itself more beautiful.
As a American -Chinese, I have seen where Chinatowns in New York, Boston, San
Francisco, and other major cites provide an anchor for their community. This
project, encompassing all Asian cultures, would be an even greater magnitude.
Miami has little to lose and a lot to gain. I sincerely hope that you will
grant this request. Thank you.
Mr. Plummer: How far reaching would this concept be, when you say those
areas designated? To what extent?
Mr. Young: So far as the geographic area?
Mr. Plummer: Yes.
Mr. Young: The business area, basically.
Mr. Plummer: Yes, but are you looking, for example, to exclude other than
Asian businesses?
Mayor Suarez: You wouldn't be able to, I don't think. There is no way. It
would be like you would designate a village, you know, with signs, and that
kind of stuff, but you wouldn't be able to affect anyone who wanted to locate
without an Asian motif there at all. There is no implication of that. I
don't think you could do that, legally, but you can encourage those who do
have an Asian... You know, I have no problem taking this as an approval in
129 June 23, 1988
s
principle, with the understanding that the actual boundaries, the actual
implementation of any program, and marking of the area, would have to be after
public hearings with the neighbors consulted.
Mr. be Yurre: Do you want to read the resolution that they prepared?
Mayor Suarez: I'd have no problem with that resolution, if the rest of the
Commission doesn't, because I understand it to mean that we can basically
act...
Mr. De Yurre: No, just to get the thing started.
Mayor Suarez: Right, to get the process moving, but we can always come back
from it, if the neighbors have objections to some part, or all of it.
Mr. Young: We have talked to the neighborhood groups, all the residential
groups, all the business groups. The businesses on the boulevard in this
particular area, they had not one opposition to it.
Mayor Suarez: I can't imagine any objections.
Mr. Young: No, and we are not asking for a particular area now, with this
resolution. We are asking for just the Planning Department to begin, that is
what we are asking for, and...
Mrs. Kennedy: This is a great thing for the area and for the City as whole,
and I so move it.
Mr. Plummer: It is far reaching, that is...
Mr. Young: Well, it is an economically depressed area, and I have some
figures from the Mayor's office in Chicago, and they say without an Asian
Village in Chicago, it would be economically depressed, that particular area
where the Asian Village is, and then in New York...
Mayor Suarez: What is the location in Chicago?
Mr. Young: I haven't been there, but we did call the Mayor's office. We
called the Mayor's office in New York. The second largest tourist attraction
in New York, I didn't know what it was - I didn't know what the first one was,
but the first was Times Square, and the second is the Asian Village, known as
Chinatown in New York. We are not looking to displace anyone. We can't force
someone to sell their property, and we can't force anyone to put an Asian
facade. This is to give that area of the City, which is floundering now, some
direction, that is what it is all about.
Mr. Dawkins: Read the resolution.
Mayor Suarez: And we thank you for your efforts. Do you want to read the
resolution, Mr. City Attorney?
Mr. Fernandez:
"A RESOLUTION APPROVING IN PRINCIPLE THE ESTABLISHMENT OF AN ASIAN
VILLAGE INITIATIVE BY THE CITY OF MIAMI CALLING FOR THE CITY'S
RECOGNITION OF THE PRESENCE WITHIN THE CITY OF A SUBSTANTIAL
NUMBER OF RESIDENTS WITH AN ASIAN ETHNIC BACKGROUND; SAID
INITIATIVE CONSISTING OF A PROGRAM TO BE IMPLEMENTED BY THE CITY
ADMINISTRATION THROUGH MEASURES TO EFFECTIVELY UTILIZE THE
CONTRIBUTION OF THE ASIAN CULTURE TO MIAMI'S DYNAMIC GROWTH AND
DEVELOPMENT; DIRECTING THE CITY MANAGER TO HAVE THE PLANNING
DEPARTMENT FORTHWITH UNDERTAKE THE PREPARATION OF STEPS LEADING TO
THE CREATION BY THE CITY COMMISSION OF A CERTAIN AREA IN THE
NORTHEAST SECTION OF THE CITY AS AN "ASIAN VILLAGE" TO BE PROMOTED
BY THE CITY AS A TOURIST ATTRACTION FEATURING ASIAN CULTURAL,
SOCIAL, ARTISTIC, RELIGIOUS, LINGUISTIC, ANCESTRAL AND PHYSICAL
CHARACTERISTICS; FURTHER APPROVING THE POLICY OF HAVING AN OFFICE
ESTABLISHED WITHIN THE CITY ADMINISTRATIVE STRUCTURE RESPONSIBLE
FOR THE PROMOTION OF TRADE BETWEEN THE CITY OF MIAMI..."
Mr. Dawkins: Hold it, hold it right there. Strike that. We have already got
a Trade Commission, and I don't see why we should need two. I am for it, if
you strike that.
130 June 23, 1988
Mr. Young: gtrike the trade portion of it.
Mr. rerhandet: All right, "... aheestral and physital tharatterist et,"
Mr. bawkihs: Oo ahead. What's the first reading, go ahead.
Mr. Plumm6 r: Explain to toe, I've got a problem here, It says, Owishit:g to
establish a situs..." S-i-t-u=s, what in bites?
Mr. rerhandet: A location.
Mr: Engletoh: Fancy name for an area.
Mr. Plummer: What?
Mrs. Kennedy: A site,
Mr. Plummer: A site? "Establishing a site within the City of Miami.:."
Mr. Dawkins: No, J. L., within the City. Within the City's existing
administrative structure.
Mr. Plummer: No, well, the problem that I have is, is this group going to be
dealing with investors wishing to acquire real property, or equity ownership
of businesses located in the City of Miami? I've got a problem with that.
Mr. De Yurre: Why can't we just end this right where it says, "physical
characteristics," and, that's it?
Mayor Suarez: Yes, why don't we just end it there, and that way, we don't get
into how exactly they plan to acquire properties for businesses.
Mr. Dawkins: "Physical characteristics," and scratch everything further.
Fine, OK.
Mr. De Yurre: After that, OK? . and that takes care of it.
Mr. Fernandez: All right, so I have read up through there then, effectively.
Mr. De Yurre: Up to "physical characteristics."
Mr. Plummer: All right now, let me ask one other question. Prior to a public
hearing, in this resolution, Section 2, it is instructing the Manager to
immediately start to proceed with the preparations, of steps leading to the
creation.
Mayor Suarez: That's just the first step for those.
Mr. Plummer: OK, but nothing will be done until the public hearing? That's
fine.
Mr. De Yurre: I don't think it has been seconded, so, I will second the
motion, if it hasn't.
Mayor Suarez: Yes, it has been moved and seconded.
Mrs. Kennedy: And then strike out Section 3,
Mr. Engleton: Could I make an amendment?
Mayor Suarez; At your own risk.
Mr. Engleton: I'm Jim Engleton. There are a few countries left out of the
resolution, unfortunately. Could I give you the names?
Mr, De Yurre; Well, that is not going to be included in the resolution. We
are cutting out all that section at the end,
Mr. Engleton; OK,
Mr, De Yurre; OK? - so that's out,
131 June 23, 1988
I
mayor Suaret: We ire leaving it At a 8eherit reference to Asian,
Mr. thgietoh: OR,
Mayor Suaret: OR, tall the roll,
The following resolution was 1htrodueed by Coftftissioher Rehnedy, who
moved its adoption:
RESOLUTION NO. 88-580
A RESOLUTION APPROVING, IN PRINCIPLE, THE
ESTABLISHMENT OF AN ASIAN VILLAGE INITIATIVE BY THE
CITY OF MIAMI CALLING FOR THE CITY'S RECOGNITION OF
THE PRESENCE WITHIN THE CITY OF A SUBSTANTIAL NUMBER
OF RESIDENTS WITH AN ASIAN ETHNIC BACKGROUND; SAID
INITIATIVE CONSISTING OF A PROGRAM TO BE IMPLEMENTED
BY THE CITY ADMINISTRATION THROUGH MEASURES TO
EFFECTIVELY UTILIZE THE CONTRIBUTION OF THE ASIAN
CULTURE TO MIAMI'S DYNAMIC GROWTH AND DEVELOPMENT;
DIRECTING THE CITY MANAGER TO HAVE THE PLANNING
DEPARTMENT FORTHWITH UNDERTAKE THE PREPARATION OF
STEPS LEADING TO THE CREATION BY THE CITY COMMISSION
OF A CERTAIN AREA IN THE NORTHEAST SECTION OF THE CITY
AS AN "ASIAN VILLAGE" TO BE PROMOTED BY THE CITY AS A
TOURIST ATTRACTION FEATURING ASIAN CULTURAL, SOCIAL,
ARTISTIC, RELIGIOUS, LINGUISTIC, ANCESTRAL AND
PHYSICAL CHARACTERISTICS.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
32. AUTHORIZE ESTABLISHMENT OF CITYWIDE SMALL BUSINESS ASSISTANCE PILOT
PROGRAM - DESIGNATE LOAN COMMITTEE.
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, why did we skip over 21?
Mayor Suarez: We shouldn't have, and I think that the executive director of
Miami Capital is waiting for us to decide on that, and otherwise needs to go
to the dentist, so we really should take that up very quickly.
Mr. Dawkins: Mr. Castaneda, what's your recommendation, sir?
Mr. Castaneda: Commissioner, basically we are recommending that the same
guidelines as the Model City...
Mr. Plummer; (Laughter) You got anything else to say?
Mr, Castaneda: You don't want toe to talk about the loan committee?
Mr. Dawkins; Where is the plan that Miami Capital had for establishing a
City-wide small development pilot program? Did you see that?
Mr. Castaneda: Yes.
132 June 23, 1988
Mr. bawkihs: That's wrong with that!
Mr, Castaneda: It is basically the same, Miami Capital would operate it:
Mr. Pablo Perez=Cisneros: On the proposal that we sent originally to the City
of Miami, regarding Miami Capital doing the City-wide pilot program, one of
the key elements in that proposal was refinancing, from which equity,
entities involved in funding, they told us refinancing cannot be part of any
of these deals. That's puts us in an extremely difficult position that Miami
Capital cannot make loans unless they meet the criteria of the different
funding sources. Therefore, the only way that we can go with this is exactly
the same way that it has done with the Model City program.
Mr. Dawkins: OK, well, you do that, but I want Miami Capital to do it.
Mr. Perez -Cisneros: All right, well, if you allow Mr. Castaneda to explain
what the meeting took place...
Mr. Dawkins: No, I am just saying I make a motion that it is done. We've
been up here, we've been going through this all day.
Mr. Perez -Cisneros: Wait, wait, wait.
Mr. Dawkins: OK, all right then, let him come to the mike. What's his
problem? You, come on here, what is his name? Who are you?
Mr. Perez -Cisneros: This is Luis Moyano, deputy director of Miami Capital,
Mr. Luis Moyano.
Mr. Dawkins: You all got three on now, huh?... not one black, huh? Well, you
are all doing all right. Go right head, go right ahead, go right ahead,
assistant director.
Mr. Perez -Cisneros: You should look at my grandmother's picture, Commissioner.
Mr. Dawkins: Right.
Mr. Luis Moyano:: We have been discussing with the members of the Community
Development program, some of them, how to implement a program to exactly
follow the instructions of the Commission. In do so, we have come to the
conclusion, and Mr. Castaneda, his department is agreeing with that
conclusion, that Miami Capital as a legal entity, could not because of Federal
regulations, proceed and implement a program of that nature. What we are
willing to do...
Mr. Dawkins: No, no, no!
Mr. Moyano: Yes, sir.
Mr. Dawkins: Mr. Manager, you were told to bring to this Commission the plan
of action, OK? Now, what are you going to implement?
Mr. Odio: Let me... do you want me to read it?
Mr. Dawkins: No, I don't need to know what they can do, who can't do it, and
why not.
Mr. Odio: What we are proposing is...
Mr. Dawkins: OK, how can we implement the City-wide loan program?
Mayor Suarez: And by the way, if what they are concerned about is the
approval, you know this Commission could very well approve the entire amount,
and then leave it for them just to work out the actual disbursements and who
gets the money, and I am sure that would work out.., that would work around
the legal requirements. I don't think that would create a problem for you.
Mr. Odio: In answer to Commissioner Dawkins, I think what we are proposed is
that the executive directors of both entities, Miami Capital and Community
Development could be the loan committee
133 June 23, 1988
Mr. bavkihs: So moved.
Mr. bdio: Got it.
Mr. Dawkins: Did t get a aefiofid?
Mr, Plufttr! Second,
Mr. Dawkins: 1 !Dean, let's get it out here. 'that's what the Manager says,
Mayor Suarez: I can't wait until after some people get turned on and they
come up and point the finger at the hew loan committee!
Mr. Odio: I think this is the cleanest way, we...
Mayor Suarez: We have a motion and a second. Any further discussion?
Unidentified Speaker: What was the !notion on that?
Mayor Suarez: The motion is that we are going to go ahead and implement the
loan program by having...
Mr. Dawkins: City-wide loan program.
Mayor Suarez: ... the director of Community Development and the executive
director of Miami Capital to constitute the loan committee.
Unidentified Speaker: Based on these guidelines here?
Mayor Suarez: Presumably.
Mr. Dawkins: That they don't come up with. I don't know.
Mr. Odio: We'll come up with it, now the second item is that the...
Mayor Suarez: OK, that is just to see who the...
Mr. Dawkins: The only thing I am saying is, I am tired of us... how many
times have you been here?
Unidentified Speaker: Ten or twelve.
Mr. Dawkins: All right, OK, there is no sense in your coming back again.
Let's implement a program...
Mayor Suarez: On that motion, let's take a vote and then we'll get into the
guidelines. Moved and seconded. Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-581
A MOTION TO IMPLEMENT THE CITYWIDE LOAN PROGRAM HAVING
BOTH THE EXECUTIVE DIRECTOR OF MIAMI CAPITAL AND THE
DIRECTOR OF COMMUNITY DEVELOPMENT SERVE AS MEMBERS OF
THE LOAN COMMITEE.
Upon being seconded by Commissioner Plummer, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT; None,
Mayor Suarez: Now, what is the issue on the guidelines?
134 June 23, 1988
Mr. odib: The $210,000, I'd like to maybe, you guide me bh this, afid we
divide it equally among the businesses...
Mr. bawkihs: Between the target areas other than the Model Cities areas
Mr. Odin: T'hat'& right.
Mr. Dawkins: Right, that was agreed on.
Mr. Odio: And that we will provide technical assistance to loan recipients
through the community based organizations.
Mr. Dawkins: OK.
Mr. Plummer: No. No, what snakes the community based organizations experts in
giving technical assistance?
Mr. Odio: well, we want to bring them in...
Mr. Plummer: No, no, no.
Mr. Dawkins: And what are we paying him for? The technical assistance should
come from the City Administration,
Mr. Odio: We will provide the technical assistance.
Mr. Plummer: That's right.
Mr. Odio: That's it. I think if you go ahead, we'll start.
Mayor Suarez: Are the rest of the guidelines understood?
Mr. Odio: We will have the guidelines for who can qualify for the loans
developed as soon as possible, unless you indicate that we would like to
proceed with the same guidelines we have for Model City.
Mr. Dawkins: I don't care how you do it, Mr. Manager, just implement it.
Mayor Suarez: On that issue, which guidelines... which are the ones he is
holding up?
Mr. Odio: Model City.
Ms. Sarah Williams: These are the ones that Mr. Cisneros gave me about four
weeks ago.
Mayor Suarez: Are those the Model Cities ones?
Ms. Williams: From Miami Capital, and these are the ones that...
Mayor Suarez: Pablo, wait. Before I'm getting an answer from the person who..
As much as you are trying to be useful, David, I want to make sure that he
gave her those guidelines and that is what he understands what those
guidelines contain. Those guidelines that you gave her, according to her, are
the Model City guidelines?
Mr. Cisneros: No, those guidelines that I gave to her, it was something that
we prepared.
Mayor Suarez: You have to prepare guidelines. Are those acceptable, from
your perspective?
Mr. Cisneros: No, there are...
Ms. Williams: These are acceptable for us, yes,
Mayor Suarez: You prepared them, so I am not going to ask you if they are
1.
acceptable to you! You prepared them, so they damn well better be acceptable
to you.
135 June 23, 1988
Mr. csnerbs: It your Legal bepartn,eht tells the it is OK,, they are
Acceptable, sir.
Mayor Suaret: Well, like anything else, it has to be approved by the Legal
bepirtmeht. bavidl
Mr. Fernandez: Has our Legal Department Seen those before?
Mayor Suaret: I'm sure they have, to that will...
Mr. Fernandez: No, we haven't. lie don't serve as counsel to...
Mayor Suarez: No, this is not counsel to Miami Capital. This is a committee,
constituted by the City Commission, and you serve as counsel to us. OR,
anything else?
Mr. Fernandez: Fine, we will be happy to look at them and review them.
Mayor Suarez: Right.
Mr. Perez -Cisneros: We will be happy volunteer our time to that effort.
Mayor Suarez: David, you are 100 percent... ?
Mr. Alexander: Mr. Mayor, just wanted to congratulate you for this program,
because we think it is really a very good one.
Mayor Suarez: Congratulate us when it works.
Mr. Alexander: Yesterday the community development corporations met in
conference with Community Development, and the executive director of all the
CBO's have volunteered to serve as the board and the loan committee, to make a
recommendation based on the target area points.
Mayor Suarez: That sounds like a screening committee. We've been through
this, but that...
Mr. Alexander: Well, we are not calling it that, Mr. Mayor, we...
Mayor Suarez: Well, the Loan Committee has been constituted with only two
people, so I don't want any confusion on that.
Mr. Alexander: Right, we will make our recommendations to them.
Mayor Suarez: Beautiful. That sounds like a screening committee to me,
that's fine.
Mr. Plummer: Wait a minute. Why would you be making recommendations to them?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Ah, OR.
Mr. Dawkins: Any you are not putting up no money?
Mr. Odio: That's right. He can recommend all he wants, but we don't have to
accept the recommendations.
Mayor Suarez: Let's call them the referring committee.
Mr. Alexander: The referring committee, sir. That is now newly named.
Mayor Suarez: Thank you. Anyone else can refer loans to that too, so don't
think that they are exclusive.
136 June 23, 1988
-----------____________---=-
33. (CONTINUED DISCUSSION) CLARIFYING COMMENTS IN CONNECTION WITH THE MODEL
CITY'S DEVELOPMENT PROGRAM AND LOAN COMMITTEE (SEE LABEL 26).
Mr. Castaheda: I want a clarification on the previous item, on the one
before, not on this item. I.'m clear of this item! There were three loans
that were approved by the Loan Committee, by the Model City Loan Committee,
which have not closed yet, but did not go through the Screening Committee.
They, are Jasper, Benjamin, and Kingsley Taylor.
Mr. Plummer: They've got to go to the Screening Committee.
Mr. Castaneda: But they have already been approved by the Loan Committee.
Mr. Plummer: They cannot go without seeing the Screening Committee.
Mayor Suarez: Let's say it's as if they have been preapproved, but they are
going to have to go through the Screening Committee.
Mr. Odio: May I recommend they go back to the Screening Committee, and the
Screening Committee turns them down, then that is it.
Mr. Plummer: No, they have never... it is not going back, they have never
been.
Mr. Odio: Well, that's correct, Commissioner, but if the Screening Committee
turns them down, they don't go back to the Loan Committee.
Mayor Suarez: That's what a screening committee does, huh?
Mr. Plummer: That's the purpose!
------------------------------------------------------------------------------
34. BRIEF DISCUSSION AND COMMENTS IN CONNECTION WITH GUIDELINES TO BE
ESTABLISHED IN CONNECTION WITH THE SMALL BUSINESS ASSISTANCE PILOT
PROGRAM.
------------------------------------------------------------------------------
Mayor Suarez: OK, call the roll on the rest of the City-wide loan program,
I'll take a motion and a second on these other guidelines we just approved.
Mr. Plummer: I haven't seen them.
Mr. Odio: I'd rather bring the guidelines back in meeting of July, so that
you have time to read them, and I have time to read them.
Mr. Plummer: The meeting of what, the 14th?
Mr. Odio: July 14th.
Mayor Suarez: Where is Commissioner Dawkins? He seemed to be determined to
get this over today.
Mr. Odio: Well, we can get everything ready and...
Mayor Suarez: I mean, I can't imagine the guidelines will be much different
from everything else we have been doing. Well, somebody explain to him that
we have not voted on that aspect of it.
Mr. Odio: You want to leave that pending until he comes back.
Ms. Williams: Mr. Mayor.,
Mayor Suarez: Yes, yes.
Ms. Williams: The guideline, you only change for the Model City, We have to
have collateral, personal, or your assets, That is the only difference that
137 June 23, 1988
Mr. Castaheda, in the guidelines that he gave me, he said they were going to
implement them.
Mayor Suarez: You have any problem with that modification of the Model City
guidelines?
Ms. Williams: I have no problem with it, no I have none. No.
Mayor Suarez: I think that kind of follows the Commission's consensus that we
ought to get a little bit more security up front from the borrowers than we
did initially with the emergency loan program, and we have had one new
Commissioner since then who has expressed a concern that some of these loans
will never be repaid unless we tighten up the guidelines, so the consensus of
the Commission has changed a little bit. OK, I'm not going to take a vote on
that until we have a full Commission.
35. (CONTINUED DISCUSSION) CITY MANAGER'S RESPONSE TO AN EARLIER REQUEST
FROM THE COMMISSION CONCERNING NONDISBURSEMENT OF FUNDS IN CONNECTION
WITH CENTRAL AMERICAN INDEPENDENCE DAY FESTIVAL (SEE LABELS 27 AND 57).
Mr. Odio: Mr. Mayor, before you get to that, the request that Commissioner
Dawkins had on the $7,500 to the Independence Day Festival, while we were in
the process of making this payment, we discovered that they were a for profit
organization and therefore, we cannot give them the funds, and I request that
you turn this motion down, since they were for profit, and not a non profit
organization, as they were supposed to be.
Mayor Suarez: When was this item discussed?
Mr. Odio: Commissioner Dawkins brought it up ten minutes ago, that he wanted
an answer back on why didn't give them the $7,500, and this...
Mayor Suarez: Is this item on the agenda for today?
Mr. Odio: It was not. If you want to, I can report back on this on July
14th, but...
36. DISCUSSION CONCERNING REVIEW OF THE CUBAN MUSEUM LEASE AGREEMENT.
Mayor Suarez: OK, item 23.
Mr. De Yurre: Yes, we're supposed to have a report, Mr. Mayor, on the Cuban
museum.
Ms. Hattie Daniels: Commissioners, item 23 is on the Cuban museum. The City
Department of Internal Audits and Reviews conducted a financial examination of
the records from the auction that was held on April 22nd. This was the second
auction held by the Cuban museum. Basically, what the City of Miami agreed to
do in the agreement which commenced April of 1982 was that they would provide
a lease for the space occupied by the Cuban museum and that the rent for that
particular space would be a donation provided by the City. The Cuban museum
itself basically agreed to use the facility for the operation of a Cuban
Museum of Arts and Culture to include the establishment of art classes and
cultural lectures for adults and children in order to provide cultural
enrichment to the community. They also agreed to obtain the City Manager's
approval prior to adding services or changing the orientation of the services
provided. In addition, there were certain stipulations regarding insurance.
Now, what we've determined is that the museum held its second auction on April
22nd, 1988. That was held at St. Peter and Paul school auditorium. Now, on
subsequent days, on the 23rd and the 24th, we found that the museum basically
collected the fees from some of those art works that were sold, and that
individuals picked up those art works that were sold. The majority of what
was sold, or all of what was sold was consigned art work. It was not the
permanent collection but art works that were basically provided on
138 June 23, 1988
consignment. The arrangements for that particular auction provided that
between 10 and 35 percent of the selling price would go to the museum as
donations. The remainder of the selling price would basically be remitted to
the sellers of the art work. Now, our findings point out that the museum's
net auction proceeds totalled $30,639. There were 108 art works sold for a
total gross proceeds of $135,861. The sellers received $103,332 and the
museum basically received $32,529 less $1,890 which was expenses. The audit
determined that all of the monies received were properly accounted for,
meaning that they did go back to the museum account and for use by the museum.
Our second finding basically pointed out that on those two days following the
auction, on the 23rd and the 24th, as I mentioned before, there were auction
related activities held on the museum premises. Mainly, funds were collected
for art works that had been sold and individuals were able to pick up their
art work. Those were the two things that basically occurred. Other than
that, that was really the finding and the conclusions of the audit.
Mr. Plummer: Well, speak to one issue that you brought up that you didn't
speak to, and that is the one that anything other than those matters outlined
had to be approved by the City Manager. I did not hear you say that the City
Manager approved the picking up of the art work or collecting the money at the
Cuban museum.
Ms. Daniels: OK, that is true. Basically what we asked...
Mr. Plummer: No, I think that's one of the key factors. Now, you didn't
speak to it, you brought it up, but you didn't make the answer. Did the
Manager approve it?
Ms. Daniels: No.
Mr. Plummer: OK, is that not a violation of the contract?
Ms. Daniels: OK, basically what I have for you, and I don't believe that you
have it, we asked the City Attorney regarding whether or not the use
provisions were violated, and there is an opinion by the City Attorney that, I
think, will address that.
Mr. Plummer: That's another point I want to get to, OK? The City Attorney
works for us, the five of us. I read about this in the newspaper. Yet you're
saying as of right now, I still don't have a copy of it.
Ms. Daniels: This is...
Mr. Plummer: I didn't see it.
Mayor Suarez: I got mine.
Mr. Plummer: This morning.
Mayor Suarez (OFF MIKE): I don't remember.
Mr. Plummer: Well, I read about it in yesterday's paper.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: No, no, no. Mr. City Attorney, I strongly advise you, sir...
Mr. Jorge Fernandez: Yes.
Mr. Plummer: That you answer to your clients first and foremost.
Mr. Fernandez: My clients have not asked me anything, Mr. Plummer. It is the
Manager, who's also a client of mine, that on yesterday precisely also asked
me to issue a question - issue an opinion, and I issued his opinion to him
verbally yesterday, and I also responded to the press yesterday verbally and
today very expeditiously so, I have put it in writing.
Mrs. Kennedy: But I think what Commissioner Plummer is saying is before you
speak to the press, speak to us.
Mr. Plummer: Right...
139 June 23, 1988
Mr. Fernandet: If that is a (requirement that this Commission would like to
place on me, I would very only...
Mrs. Kennedy (OFF MIKE): It certainly would.
Mayor Suarez: Even better, even better, if you're doing a legal opinion in
writing, it probably would behoove you as a procedural suggestion from this
Commission, and maybe more than a suggestion, to complete that before any
opinion is given to anyone because like anything else, a verbal opinion, until
it's reduced to writing, can always be modified.
Mr. Fernandez: That's right. And that's all that I've given to the press is
a verbal opinion.
Mr. Plummer: OK, the problem that I find is, when I receive a call from the
press telling me that basically you have exonerated the Cuban museum and
asking me to make a comment when I have not seen a single word across my desk,
I think at best it puts us in an embarrassing position. I would strongly
suggest in the future that when you do make, if you make these comments to the
press, I have no problem with that. But at the same time, pick up that
telephone and call each one of us if you haven't reduced it to writing. Now,
let's go to the other issue. The issue is, did the City Manager, I am told he
did not in fact - was not even requested, much less gave approval - is that a
violation of the contract?
Mayor Suarez: Approval to what now you're talking about?
Mr. Plummer: In other words, anything that they deviated out of what they
were granted, allowed to be done on those premises, had to have the approval
of the City Manager. They did not request any approval from the City Manager
to have some of that auction allowed on the premises.
Mr. Odio: Before...
Mayor Suarez: I thought she said that ancillary matters related to the
auction were carried out at the museum but not any principle items. That's
what I understood to be the distinction that she drew.
Mr. Odio: Let me point out that there was another auction prior to this one,
Commissioner, in March 27 of 1987, and there was no request either from the
City Manager.
Mr. Plummer: So there's two wrongs, if it's wrong. That's the question I'm
asking.
Mr. Odio: I'm asking the audit department to review that auction on March 27
of 1987 also.
Mr. Plummer: So I ask you again, Mr. City Manager...
Mr. Odio: I was not asked is that - that's yes.
Mr. Plummer: Well, OK, that's why I'm asking...
Mr. Odio: That was not...
Mr. Plummer: ... of the City Attorney is that a violation of their contract?
Mr. Fernandez: Yes.
Mr. Plummer: OK.
Mr. Fernandez: The strictest sense of the word, yes. Now, this is a
violation that takes place in a time past, and so to that end, our office has
prepared a letter for the City Manager which letter has already gone out, I'm
sure, from the City Manager's office putting them on notice, according to the
provisions of the very lease that we're talking about, that we view this as a
violation and we are going by article 20 of the lease which prescribes what
must be done when and if we deem that a violation has taken place. And that
is that we give them notice and we give them ten days to correct it.
140 June 23, 1988
■
Mayor Suaret: Am i hearing you right? - that you're saying that thee, there
was a violation but it is not a violation that would lead to cancellation but
only to a warning, in effect, a notice to avoid in the future?
Mr. Vtrhandez: Correct. Correct,
Mayor Suarez: it's not even a material breach of the lease, is that what
? you're saying
Mr. Fernandez! Correct,
Mr. De Yurre: No, it's material but you can't do anything about it right now.
Mr. Fernandez: That's another way of saying it:
Mr. Plummer: Explain that to me.
Mayor Suarez: I'm not sure I understand the difference either.
Mr. De Yurre: The thing is that...
Mayor Suarez: Just because it was based on past practices, is that...
Mr. De Yurre: They get a second shot, basically.
Mr. Plummer: You surely can't put them on notice prior to the violation.
Mr. Fernandez: That's right. When this thing first came to our knowledge and
by our knowledge, I mean the City Attorney's office...
Mr. Plummer: Sure.
Mr. Fernandez: ... when we were required to do this...
Mayor Suarez: Well, certain things, I mean, let me just contradict, for a
second, what the Commissioner just said. Certain things in a contract,
whether you notify them or not are violations period. And they're on notice
of those the moment that they sign the contract and they're not supposed to
violate it, and I understand you to say that these are not those kinds of
violations because these are minor, ancillary, non -material, whatever you want
to call it.
Mr. Fernandez: No, no, no, Mr...
Mayor Suarez: Or else approved by prior practice, I don't...
Mr. Fernandez: Article 20 of the lease agreement between the City of Miami
and the Cuban museum states, "if the lessee, in any manner violates the
covenants and conditions of this lease agreement, then and in that event after
ten days written notice given to the lessee by the City to correct such
deficiencies and upon failure of the lessee to correct such deficiencies..."
Mayor Suarez: I see.
Mr. Fernandez: ... after such written notice, this agreement shall terminate
forthwith at the option of the City and upon written notice to the lessee.
Mayor Suarez: I see what the problem is, if the contract specifically calls
for a particular mode of correcting a violation as opposed to recision or
cancellation of the entire deal.
Mr. Fernandez; Correctly.
Mayor Suarez: OK.
Mr. De Yurre; OK, that takes care of the auction.
Mr. Fernandez (OFF MIKE); That's the way it was written.
Mr. De Yurre; I would like to know...
Mr. Cernuda; I'd like to address the Commission if I may,
141 June 23, 1988
0. 0
Mr. De Yurre: Well, as soon as 1,M through asking, you may. I would like to
know what kind of activities, as far as art classes and cultural lectures for
adults and children are conducted there.
Ms. Daniels: OK, I'm sorry, I don't know what activities they've been
conducting specifically.
Mr. De Yurre: Well, that's part of the report that we want.
Ms. Daniels: Whether or not they've had those. Specifically, what they've
been doing in that regard, I'm sorry, I don't have that answer.
Mr. De Yurre: OK, that's part of it because, you know...
Mr. Odio: We were not requested that as part as the other, Commissioner, we
were requested to audit the auction, which we did, and requested to find if
the Trade Embargo Act was violated, which we're doing.
Mr. De Yurre: To look into possible violations of the lease.
Mr. Odio: Because of the auction and it was nothing referred to whether they
were having art classes or not.
Mayor Suarez: I guess really the implication was that even affirmative things
that they were supposed to be doing we were supposed to check to see if they
were doing and maybe that didn't come out very clear.
Mr. Odio: I'll be glad to go back and audit them since we give them the
lease.
Mr. De Yurre: My concern is that I want the museum to be doing the functions
that it's supposed to be doing for the reason that we gave them the property.
You know, if we gave them the property to have culture, you know, lectures and
to have classes and things to promote the Cuban art, then, you know, I want to
see a track record of that happening.
Mr. Odio: We'll go back and audit them since we gave them the lease on...
Ms. Daniels (OFF MIKE): OK, we can tell them about...
Mr. De Yurre: Now, also, what I would like to see, and I'm sure you have it
in your backup information, I'd like to see who these 108 paintings, who they
belong to. OK?
Ms. Daniels (OFF MIKE): We have that listing, don't we?
Mr. De Yurre: Who are the owners of these paintings and who got what for
these paintings?
Ms. Daniels: You want the listing of the owners of the paintings.
Mr. De Yurre: I want to know... a hundred and eight paintings that were sold
according to your information. I want to know who the 108 individuals were
and how much money they got for it. I also want to know if there are any
directors or officers of the museum that had paintings sold at the museum or
across the street in this auction. I also want to know and this goes to the
legal department, if there were any sales by any officers, if that is reason
to have their tax exempt status put in jeopardy.
Mr. Plummer (OFF MIKE): When was this contract let, what year?
Mr. Fernandez (OFF MIKE): 8/82.
Mr. Plummer (OFF MIKE): So it's up - are they on their second option? I
thought it was five and five.
Mr. De Yurre: Because this lease was given to a tax exempt non for profit
organization,
Mr. Odio: Should we go back to the first auction also, Commissioner?
142 June 23, 1988
41 0
Mr. be Yurre: f want to go to everything.
Mr. Odio: There were two, OK.
Mr. be Yurre: f want a track record of what has been going on at that museum.
Mr. Odio: Yes, air, we'll be glad to do that.
Mr. Fernandez: We have already prepared for the City Manager's signature a
letter addressed to Leon Kellner, the U.S. Attorney's office, whose
responsibility it is to look precisely under...
Mayor Suarez: You might want to change that to the new U.S. Attorney.
Mr. Fernandez: Well, when it was written, Mr. Mayor, he was still the...
Mayor Suarez: You mentioned Leon Kellner, he's not there any more, God knows
what will happen to the letter if it goes there and there's no one there.
Mr. Fernandez: No, it has already gone out, June the 8th it went out to him.
Mayor Suarez: Oh, that's when we had the last here.
Mr. Fernandez: Exactly, precisely asking him to look into these two areas.
The City Attorney's office nor do I think that the City of Miami is in a
position to pass on the legality of any federal laws per se.
Mr. De Yurre: OK, what I would like to do is if Mr. City Attorney, if you can
contact...
Mr. Fernandez: Yes.
Mr. De Yurre: ... the attorney...
Mr. Fernandez: Yes. All right.
Mr. De Yurre: ... and let's set up a meeting, OK?
Mr. Fernandez: You got it.
Mr. De Yurre : And you let me know how you schedule that with my office.
Mayor Suarez: Let me say, make a statement on that investigation or analysis
or consideration of the 501C3 status, and I don't mean to predispose the
Commission's findings, of course, and particularly on a complex issue of
federal law, but I asked about those questions of Mr. Cernuda who happens to
be here, and the procedure, and, of course, we mentioned that at the last
Commission meeting when this issue was discussed and the procedure, as was
explained to me, that is, to sell paintings on consignment where officers and
directors make those paintings available, by itself, to my mind, was a
satisfactory explanation. Now, I'm not going to predispose the Commission;
we're going to get an opinion, presumably, from the City Attorney's office, it
happens that I've done a lot of work in the area of 501C3's and I'm satisfied.
So I'm not necessarily going to vote against that request by the Commission
for the simple reason that if the Commission wants to request a better legal
opinion, a more sound legal opinion, they certainly can do that. But I was
satisfied with that explanation. I also want to say, however, as I told Mr.
Cernuda on the phone, that 1 don't consider it a very good idea for officers
and directors of a non-profit that has a lease from the City of Miami to carry
on charitable educational activities to profit, directly or indirectly, from
any of the activities of that organization because it is receiving public
funds and subsidies from the City in effect by the use of that facility, and I
once again repeat that recommendation in public because I did it in private
and I think I'm fairly stating the subject of our conversation. And it's also
subject to a lot of misconstruing obviously that an officer or director may be
making monies from sale of paintings where ever their source may be.
Mr. Plummer: OK, I got a problem here. I asked for a copy of the letter
which was sent to the museum and, you know, either something is right or it's
wrong.
143 June 23, 1988
Mr. Fernandez (OFF MIKE): That's actually the copy that went, this is a rough
draft that we prepared for it.
Mr. Plummer: OK, the same wording is here. Mr. City Attorney, you indicate
to roe that these activities were in violation of the contract. Yet, your
letter states that the following activities may constitute violations. That
is not what I understood you to say. You said that this sale was, in fact, a
violation and you're putting them on notice of such. Yet your letter says, it
may constitute. There's a big difference between, you did something wrong and
you maybe did something wrong.
Mr. Fernandez: At the time that this letter was written the complete audit
which was given to you today, was not yet accomplished. This letter went out
earlier part of June and all that we had at that time by way of facts...
Mayor Suarez: Yes, that was pursuant to Commission resolution that said...
Mr. Fernandez: Yes.
Mr. Plummer: OK, then I...
Mayor Suarez: ... there possibly are violations and I think it reflected that
very well in the text.
Mr. Fernandez: Exactly, and I'm tracking the wordage that was stated on the
record in the Commission here.
Mr. Plummer: All right, then I think it should be, that a finding was made
that a violation did occur and that you are now put on notice that if it
occurs again - I'd send another letter because at this time, you have
indicated it is a definite violation.
Mr. Odio: The reason he said that is because that's my letter and I had to
get a legal opinion to the fact whether it was or not.
Mr. Plummer: You see, in the future, if they hold another one controversial
as this one, this letter is going to be used, it says, well, maybe we did and
maybe we didn't. I'm saying you need to put them on notice exactly what the
posture is. The posture as explained now is that they did violate the
conditions and I would like to see a copy of that that you send to them.
Mr. Odic: By the way, Commissioner, we do have all the information you are
asking, but I'd rather put it in a form that - because it's part of the work
papers, we do have the information so...
Mr. De Yurre: Well, we can have it what, by the 14th, July 14th meeting?
Ms. Daniels: Yes, yes.
Mr. De Yurre: OK. Do you need that in the form of a motion now or...
Mr. Plummer: For what purpose?
Mr. De Yurre: So we don't need... OK, no motion, just what I requested, I
just want to get that information. OK, thank you.
Mayor Suarez: As you address this, Maria Elena, would you tell us in what
legal capacity and for which member, so we have an idea for the record of who
exactly is being represented.
Ms. Maria Elena Frio: I am here - my name is Maria Elena Prio, I'm a vice
president of the Cuban museum and that is in the capacity that I am here
today. I'd just like to clarify a few points and now is that the Cuban museum
cooperated fully with all questions that were asked, submitted all financial
records. Am I to understand that there will be another audit at this time
again and there will be another review of the lease issue? Is that what we
are saying here today?
Mayor Suarez: Well, on one issue, for myself, I think we've done enough
audits, but on one issue that the Commissioner raised, which is the activities
that the lease says you're supposed to be carrying on in the museum, I think
it's a fair question whether those activities are being carried out there,
144 June 23, 1988
teaching, art exhibitions what ever the other ones were in the description.
That's a whole new issue that was not...
Ms. Frio: OK, we'd be happy to cooperate definitely and we have done that
regularly at...
Mayor Suarez: But apparently, the Commissioner...
Ms. Prio: Fine.
Mayor Suarez: ... at least wants to go back in time to prior auctions and I
don't know that that's necessary but...
Ms. Prio: No, that's fine, that's fine.
Mayor Suarez: ... any Commissioner is entitled to ask for that.
Ms. Frio: I'd also like to clarify the issue as to any potential lease
violation. I had, and this is for clarification purposes, what I heard the
City Attorney say previously as to what was the crux - not only what I read in
the press, but what was the crux today, is a little different from what I
heard now repeated by Commissioner Plummer. Could you clarify us on that
point also?
Mr. Fernandez: Yes. The City Manager has asked me to opine exactly whether
the picking up and the paying for art work on the premises, subsequent to the
auction being held elsewhere, whether that constitutes a violation of the
lease. My opinion is as follows, and I base it on the Uniform Commercial Code
being the law in the State of Florida with respect to the sale of personal
property including works of art. There, that is Florida Statute 672.328,
which is entitled, "Sale by Auction," it provides in pertinent parts that a
sale by auction is completed when the auctioneer so announces by fall of the
hammer or in other customary manner. So, our conclusion there is that the
auction had concluded once the hammer had fallen. The mere fact that it was
paid for, in part or in whole, afterwards or that it was picked up there may,
and this is where it because it is not absolutely clear to the best of the
research that we were able to conclude, that we bring it to you, advise the
City Manager on that and proceed with the writing of a letter according to the
wish of this Commission as to what instruction it gives to the City Manager,
whether that would, in fact, in the future constitute a violation of the
lease. That is the sum total of all that the City Attorney's office has
opined in the last 12-14 hours.
Mr. Plummer: If you understand that, I don't.
Ms. Prio: You will be - well, I know that a contract is consummated when the
offer is made and it is accepted and activities subsequent to that did not
constitute a sale, however...
Mayor Suarez: We're not going to get into a legal argument here, so if you
want to just give your opinion, that's fine.
Ms. Prio: No, no definitely and that's not the capacity I'm... but now, there
will be another review of other issues, is that correct?
Mr. Fernandez: That's up to the Commission, Madam, I don't know.
Ms. Prio: I see, OK. Also I would like to have - our legal counsel is out of
the City today, unfortunately, Mr. Frank Burt, and I would like to have the
opportunity this time for legal counsel and members of the Cuban museum to be
able to discuss these issues with the City Attorney before any opinion is
issued for our legal counsel to participate, if that is all right.
Mr. Plummer: It's a reasonable request.
Mayor Suarez: Yes, we always are happy to hear...
Ms. Prio: I know that that's procedure but I'd like to...
Mayor Suarez: ... from attorneys before we issue our opinions, and I know
that Mr. Fernandez is going to continue that policy because it tends to
strengthen his argument if he has forgotten to look at something he ought to
145 June 23, 1988
0 #1
be advised of it, and that applies to the other group that would seek
cancellation of the lease also.
Ms. Prio: OK, we will...
Mr. Plummer: Well, let me ask a question because I note here that Carlos
Lewis and Ramon Cernuda were involved in the exit conference.
Ms. Prio: This is correct...
Mr. Odio: Yes.
Ms. Prio: ... but that was particularly pertinent to the audit issues and
there was no City Attorney present, Commissioner Plummer.
Mr. Plummer: Well, I didn't choose who was involved, I'm just saying they
were some people, two people from the museum were involved.
Ms. Prio: Well, I understand that the... OK, I understand that the...
Mayor Suarez: Well, the exit conference typically would be done with the
entity that is legally in control of a particular activity.
Ms. Prio: Exactly, that's what it provides.
Mayor Suarez: Not with the group that seeks to change that. The agents for
that group and presumably those are the ones unless you otherwise establish in
court.
Ms. Prio: Finally, you know, I don't know how many times we will be back here
and how many times every 30 days you will request an investigation, but we
will be happy to cooperate with each and every one of them. Thank you.
Mayor Suarez: Thank you. Counselor.
(Applause)
Ramon Cernuda, Esq.: I'd like to address the Commission, Mayor, and other
members of the Commission. I have read the - my name is Ramon Cernuda, yes.
I have read the lease on various occasions and very thoroughly in the past few
days, and my interpretation of that clause, forgive me, Mr. Fernandez, for
invading your territory, but it mentions, it includes some activities that are
proper of a museum, and it states that the museums function is to provide
cultural enrichment to the community. The fact that we celebrated an exhibit
of art work, 200 years of Cuban art, and 12 or 14 days afterwards, we
celebrated an auction to collect funds for the museum, in our opinion, does
not violate the spirit and the letter of the lease. I should mention now that
other institution as the Lowe Museum and the Metropolitan Museum of Coral
Gables and the Wolfson Galleries of Miami -Dade Community College have
celebrated similar auctions or art sales in the past. In fact, this is our
second art auction. The first we celebrated on April 1987 within the museum
walls, and we received a letter of commendation for the cultural activities
that we had been celebrating throughout the years by this same City Commission
a month -and -a -half afterwards, and we were told that we did not have to pay
rent for the next three years because of the job so well done that we had been
doing. The first auction was very well announced, all of you received
invitations and it was properly published in all the papers. That first
auction was held under the presidency of a gentleman who is no longer at the
Cuban museum. He's a member of the rescue committee. Two of the three vice
presidents who were vice presidents at that time, are no longer with the
museum, they are with the rescue committee, and the whole board of the museum
voted unanimously to celebrate that auction. In fact, in 1987, the most
important contribution, financial contribution to the museum, was the first
auction. We netted about $28,000 to $30,000. In 1988, up to now...
Mayor Suarez: The most important, other than state funds.
Mr. Cernuda: No, not even that because the funds - no, oh yes, the federal
funds, yes.
Mayor Suarez: And?
146 June 23, 1988
0 0.
Mr. Cernuda: But that was not, that...
Mayor Suarez: And other contributions obtained, because I remember that we
participated in one that was obtained from Southern Bell if I remember
correctly.
Mr. Cernuda: We appreciate it very much. That was $5,000 we got for the
first...
Mayor Suarez: But the state funds were substantial, Ramon.
Mr. Cernuda: The state funds were substantial for the first time in 15 years.
We've held this institution, we've done excellent work for 15 years and we
have not received funds except last year from the state government. Now, the
issue is pure and simple, we can work around it, we can work on top of it and
behind it, but the issue is censorship. How far is this Commission willing to
go to look into this because .there were four or five controversial paintings
shown at this exhibit which, by the way, were shown at the past exhibit also
and there were also auctioned off and there was no problem. This is what I
have to say, I think that we can go back, we can look into the museum as many
times as you want. We've stated publicly that we will welcome you every year
if you want to audit us every year. Maybe you will see through these audits,
how much we need support and funds and you will allow some funds for our
institution on a yearly basis. Thank you.
(Applause)
Ms. Frio: Mr. Mayor, one very brief comment. I will forward to you all the
letter, congratulatory letter, we received from the City after the last
auction and amending, due to our fine work, that we would be receiving - we
would not have to pay rent any longer and I will forward that to you. Thank
you.
Mayor Suarez: Very good.
Ms. Marguerita Ruiz: Mr. Mayor and City Commissions, I'm glad Mr. Cernuda can
recognize the good labor that, or the good job that the museum board of
directors, which included most of the members of the Cuban museum rescue
committee have done through the past 15 years. Mr. Cernuda joined the museum
in 1981, but for several years before that, we were all working towards making
the museum the entity we want it to remain. Another thing that I would like
to say to Mr. Cernuda that the first and second auctions were not unanimous
because I always voted against auctions at the museum; and we also would like
to say that we are concerned that these paintings that came from Cuba that we
don't know how they got here, and we already know of three or four cases that
have been recognized as having been previously owned and taken over by the
Cuban government were being sold at that auction. Yes, we are concerned
because those people that, the ones that he can't understand why five or six
artists, let's make it clear once and for all, those artists are part of
communist Cuba, they function with the Cuban government, they run Cuban
government agencies and that is an insult to this Cuban exile community.
(Applause)
Mr. De Yurre: Excuse me.
Ms. Ruiz: Especially...
Mr. De Yurre: The issue here is the lease. Our personal feelings of
communism and that kind of thing, we cannot - that is not something that's
going to determine...
Ms. Ruiz: No, I agree.
Mr. De Yurre: ... the outcome of our decision here, OK?
Ms. Ruiz: But, the lease...
Mr. De Yurre: My concern is, right now, whether Mr. City Attorney, whether
the sale or the conducting an auction at the museum property, if that is in
violation of the lease. Conducting an auction...
147 June 23, 1988
Ms. Ruiz: There may have been paintings...
Mayor guaret: Wait, wait, wait, because it happened that t wanted to go back
and review that in view of what was stated before by...
Mr. De Yurre: Wait, the auction = conducting the auction on the museum
property, is that a violation of the lease?
Mayor Suarez: And if you're given the opinion that it is, based on what
wording in the lease? - just the simple fact that that's not described.
Mr. Fernandez: Exactly, reading the paragraph four of the lease, Use: "The
use of this facility shall be for the operation of a Cuban Museum of Arts and
Culture to include the establishment of art classes and cultural lectures for
adults and children in order to provide cultural enrichment to the community."
Now, reading that in the most narrow sense, anything outside of that would
require the approval of the City Manager.
Mr. De Yurre: Therefore, the auction held in April of 1987, without the
approval of the City Manager, is that in violation of the lease?
Mr. Plummer (OFF MIKE): It was also a violation.
Mr. Fernandez: If it was held on the premises?
Mr. De Yurre: Well, it was just stated for the record here that it was stated
on the premises.
Mr. Fernandez: OK, then understanding that to be an academic question,
because it's in time past, yes, it would have been a violation reading the
lease that narrowly or that strictly.
Mayor Suarez: Yes, there's a problem with reading the lease that strictly.
You know what it is?
Mr. Plummer: Well...
Mayor Suarez: It doesn't state in that purpose or that intended use anywhere
that they're supposed to exhibit works of art there which I thought was the
most important function of a museum, so if it doesn't state that you could
hardly hold it to only those things that are described there. I think the
implication of that description is to say, these kinds of things can be
done...
Mr. Fernandez: Well, using Mr. Cernuda's argument that other museums around
the country do similar activities, then that can be adopted by reference and
understood that way, but that's...
Mayor Suarez: Well, as to exhibiting works of art, using the definition of a
museum, that's something you would expect to happen. Whether you can go from
that to an auction, that's to everybodys' interpretation. I would think it
would be very difficult...
Ms. Ruiz: Similar museums...
Mayor Suarez: ... to hold - you know, all day we've been interrupted here, we
don't get a chance to have our say.
Ms. Ruiz: I'm sorry, I just wanted to add something to that, that similar
museums do auctions, but of works donated to the museum, not the museum acting
as middleman, OK?
Ms. Ophelia Tabares: Mr. Mayor. My name is Ophelia Tabares. I'm the
secretary of the Cuban museum rescue committee.
Mayor Suarez: I will state as a matter of procedure, and I'm going to
interrupt you to state this, that anyone who interrupts me is less likely to
get my vote in the future, but go ahead.
Ms. Tabares: Sorry. All I want is to ask the Commission to include also in
the audit an investigation of all the sales made before April the 22nd between
the date that the exhibition was held and April the 22nd. All those
148 June 23, 1988
activities were held at the museum building, and t haven't seen any
information about the dates before April the 22nd.
Mr. Cernuda: Mayor, may I address the Commission?
Mayor Suarez: How did you end up on that side now?
Mr. Cernuda: Yes, yes you see, they took our...
Mayor Suarez: You reappeared on the other side?
Mr. Cernuda: They took our side, so we came to this side. Now, I want to
make things very simple for the Commission. I want to tell the Commission
that the Cuban museum has violated this narrow interpretation of the lease at
least two to three hundred times in the past six years. Because every time
we've given a concert, a musical concert, we've violated the lease. Every
time we've given an art exhibit, we violated the lease. Every time we've
given a poetry recital, we've violated the lease, and we've done these
hundreds of times. If you want to give it that narrow interpretation that all
we can do is teach children and give lectures, we have violated the lease. So
it's very simple. If you want to go that route, what you need to do is take
the museum to court and let's have a judge look at it and solve the problem.
The other way of looking at it is that this museum is here for the cultural
enrichment of this community, and that that is what we have been doing,
including this exhibit and this auction.
Mayor Suarez: Well, one thing what you're saying, I generally agree with, but
the one thing I don't agree with then is the idea that the museum would also
be functioning for the monetary enrichment of its officers and directors.
Mr. Cernuda: On the contrary. On the contrary.
(Applause)
Mayor Suarez: No, no, no, but you said the cultural enrichment and to me that
means exhibition of works of art...
Mr. Cernuda: On the contrary.
Mayor Suarez: ... all the other things that you described were proper, but I
think in the definition I...
Mr. Cernuda: But this is a different issue...
Mayor Suarez: Again, another one that interrupts me that I'm not going to
vote for, but I got to vote for one of the two sides so I guess it'll be
impossible.
Ms. Ruiz: I haven't said a...
Mr. Cernuda: OK, this is a different issue, the monetary enrichment. Now
that is the way that you, Mayor, look at it. That is not the way that we
collectors look at it. When we submit to auction a work of art at the Cuban
museum, we have to establish a very low reserve price in order to guarantee
the institution that the work will sell.
Mayor Suarez: But you know the problem with that?
Mr. Cernuda: The problem with that is...
Mayor Suarez: The problem is that there's no way to convince the people that
we represent of that, Ramon. People we represent, there's no way to convince
the people we represent of that. The people we represent see you using leased
facilities from the City and making some money. They don't know what the
value of a work of art is. For all they know, that work of art could not be
sold were it not for the fact that it's sold on those premises. And we can't
get involved in those determinations and if the recommendation...
Mr. Cernuda: Maybe, maybe, maybe...
Mayor Suarez: ... wait, if the recommendation, not because it's a violation
of the lease, because I don't believe anything that's taken place here is a
149 June 23, 1988
violation of the lease, frankly. But if the recommendation that that's hot a
good idea for you to do in the future does hot sink in, that's up to you. The
City at some point will be in a position to renovate or not renovate this
lease, and I'll tell you that for my vote, if you keep having auctions where
directors and officers are making money off of those auctions, no way for my
vote. Now, that doesn't mean that I think the lease has been violated, I
don't think the lease has been violated but, you know, follow the advice on
future activities of that sort. The public doesn't know how much a work of
art is worth, they can't get into all of that. They'd like us to promote
charitable and educational activities and they typically don't think those
include having directors and officers of the entity in question making money
off of them.
Mr. Cernuda: I appreciate you...
Mayor Suarez: We're not going to ask you how much you paid for the work of
art in each case, we don't have the time for that, we can't get into those
kinds of audits.
Mr. Cernuda: I understand your concern and the concern of the Commission. It
strikes me that this concern has expressed itself now that we've shown works
by quote unquote communist artists at the Cuban museum. This same concern was
not expressed on the first auction. Now...
Mayor Suarez: But, you know how the Commission comes to review one of its own
contracts, both sides have now brought up the issue of communism, how the
Commission comes to consider that is irrelevant. We have got to apply the
law, we have got to apply the standards that we ourselves have built into our
leases, that's what we're trying to do...
Mr. Cernuda: I see.
Mayor Suarez: ... and the priorities of our community which does not possibly
want us to be leasing public buildings for those kinds of activities and you
have to understand that so, you know, whether they were bought in Cuba and
whether the artists are cooperating now with the government does not seem to
be relevant as Commission De Yurre said to what we're trying to determine
here.
Mr. Cernuda: Just for the record, I want to clarify that at the auctions, we
have never auctioned off a work where there has been a discussion of
ownership. The two works where there were people who claimed that they were
owners of these works in the past were brought out of auction and we let the
two parties try to solve their problems and in both cases, all parties had the
opportunity to solve the problems and they reached agreements so, yes, for the
record.
Mr. Plummer (OFF MIKE): By burning.
Mr. Cernuda: Thank you.
Ms. Prio: Very brief.
Mr. Plummer: You know...
Ms. Prio: I think those...
Mr. Plummer: I guess you reach agreement by - what I read in the paper that
one of the owners took it across the street and burned it?
Mrs. Kennedy (OFF MIKE): Yes.
Mr. Plummer: Is that the way you reach agreement?
Ms. Prio: No, no.
UNIDENTIFIED SPEAKER (OFF MIKE): No, no, that's the way you finish with art.
Mr. Plummer: Well, let me make a statement, OK? I don't think this
controversy is doing anybody any good. Now, you talk about cultural
enrichment. I want to tell you something, you ask the average person in this
community today, they are not being enriched in any way by this controversy as
150 June 23, 1988
0 0
to who's tight and who's wrong. This was put there for the purpose of the
benefit of the total community. At this time, I'm telling you, in my opinion,
that the total community is suffering because of the controversy.
(Applause)
Mr. Plummer: If, in fact, I think it behooves this Commission, who initially,
and I sat here as one who made this thing possible, that if the two of you all
can't get together and work this thing out peacefully, then I think we're
going to have to step in and do it. And I don't want that. The worst thing
that can happen is to have government come in and straighten out your problem.
I'm telling you that as far as I'm concerned that if we don't get this act
together and get it back on the right track, then I'm going to have to look at
this thing where the two parties cannot make an agreement that this
Commission's going to have to do something because this thing continues to
fester, the worse it festers, the worse it gets, the accusations get louder,
the rumors get worse, and I'm saying to you, I hope you can work out your
problems because if you can't, I want both sides to know one thing, I got an
ace in the hole that'll put you both out. Now, keep going and don't make me
exercise that option.
Mayor Suarez: Last statement.
(Applause)
Mayor Suarez: Brief, last statement. Please, please.
Ms. Prio: I appreciate your words, Commissioner Plummer. I believe the
members of the Cuban museum have gone on with their work and they have made no
accusations and they have done nothing exacerbate the situation. Very
briefly, I just want to clarify it, maybe it's because of my legal mind that
we will have an opportunity to put forth our interpretation of the lease to
the term to include is not by way of limitation. If you will look at the
whereas clauses of this amendment, it also includes other activities beyond
the classes that you speak of and we also have to consider custom and usage in
the area where those are held. Just the opportunity to do that.
Mr. Fernandez: At that point in time, it would be my interpretation that that
would constitute a substantial amendment to the lease which would then be up
to this Commission to eventually also passed on.
Ms. Prio: No, I mean the... I'm sorry, no, there's an amendment...
Mr. Plummer: No, no, that's not true, the City Manager is empowered to do
that...
Mr. Fernandez: Well, that's right.
Mr. Plummer: Now, it doesn't have to come before this Commission.
Ms. Prio: Mr...
Mr. Fernandez: Because the discretion is going to him, you're correct.
Ms. Prio: No, Mr. Fernandez, I was referring to the amendment of the last
lease. The amendment of the last lease.
Mayor Suarez: She's talking about the existing wording.
Ms. Prio: Yes. And I would like to, you know, limit myself to issues that
are within the jurisdiction of the City Commission and not other issues that
are beyond its jurisdiction. Thank you.
Mayor Suarez: We greatly appreciate that.
151 June 23, 1988
31. (A) UPDATE ON PROGRESS OF PROJECTS RELATED TO SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT PROJECT. (B) EXECUTE AGREEMENT WITH ERM-SOUTH, ETC.
INC. (PROFESSIONAL SERVICES) TO CONDUCT ENVIRONMENTAL ASSESSMENTS IN
CERTAIN BLOCKS OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AREA. (C) INSTRUCT ADMINISTRATION TO KEEP MEMBERS OF OVERTOWN ADVISORY
BOARD APPRISED AT ALL TIMES OF DEVELOPMENTS IN OVERTOWN.
------------------------------------------------------------------------------
Mayor Suarez: OK, moving on to item 24. Commissioner Dawkins, who is not
present, asked me to please read the following statements of the chronology of
SE Overtown/Park West.
11982, City and County approve SE Overtown/Park West redevelopment
plan. Major emphasis of redevelopment program is the creation of
moderate income housing in the downtown area. Recommended
Overtown Advisory Board and the Park West Association. 1983,
market study prepared by Hammer Siler and George Associates,
noting strong market for moderate income housing in the City,
which is not being met by private development. 1986, City
Commission authorizes the execution of $115,500 public relations
marketing service contract with Gladys Kidd/Nikki Beare joint
venture."
We did that. I have to say I voted against that, but we did that.
"1986, resubmission of UDAG application for $11,400,000. Award
announced July 1986 for $10,100,000."
And that probably was the single most important thing that happened to make
this project viable. Other than that, I don't know what the Commission wants
to hear. I am satisfied that we are making progress and we are awfully close
to doing something. I am not ready to call for ceremonial groundbreaking, I'll
tell you that, but I think that we are awfully close to being able to build
something in that project.
Mr. Plummer: Excuse me.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: Mr. Schwartz, this Commission gave an "Amen day." What was that
date?
Mr. Schwartz: The date was to initiate construction, June 15, 1988.
Mr. Plummer: That date has passed. Is that correct?
Mr. Schwartz: Yes.
Mr. Plummer: There was no extension given?
Mr. Schwartz: Correct.
Mr. Plummer: So it's out!
Mr. Schwartz: No, we believe that it is not out.
Mr. Plummer: Based on what?
Mr. Schwartz: There were certain requirements that the developers needed to
meet to commence...
Mr. Plummer: No, no, you don't understand. This Commission set a policy.
That policy was that "Amen day" was June 15th. Am I correct?
Mr. Schwartz: To commence, to initiate construction, yes.
Mr. Plummer: Exactly. Did they commence construction?
Mr. Schwartz: Yes, by obtaining building permits, they...
Mr. Plummer: That's not construction.
Mr. Schwartz: Well, I think there may be an interpretation, the different...
152 June 23, 1988
Mr. plut!,ter: Who teade the ifiterpretatibh?
Mr. Schwartz: Staff.
Mr. ylutnmer: what staff?
Mr. Schwartz: Our review... tby office.
Mr. Plummer! Do you not... you know, I don't know why we sit up here and make
policy! We made a full understanding. We even went overboard and gave them
more time than they asked for.
Mrs. Kennedy: One thing is to get the permit, and another thing is to start
construction.
Mr. Schwartz: There were certain items that the City was unable to deliver on
June 15th. The developers...
Mr. Plummer: Has no bearing on it!
Mr. Odio: Wait, I need to... I think there is something on the record,
Commissioner, that says that the construction what we considered building,
drawing on building permits, so I am looking at the record right now. Linda,
are you saying, yes? Linda is saying yes.
Mr. Plummer: And did they draw all three permits?
Mr. Bailey: We would like to give you a status of each developer as to where
they are. We would like to also refer to that status and what we consider to
be...
Mr. Plummer: May I see copies of those permits, please? I want a copy of the
permit!
Mr. Bailey: The developers have the permit, we don't keep them.
Mr. Plummer: A copy... obviously we keep a copy.
Mr. Bailey: That would be up in the Building and Zoning Department. We don't
get copies of the permits.
Mr. Plummer: No, I didn't say you had them. I wasn't asking of you.
Mr. Bailey: I am pretty sure that the representatives here from the Planning
Department and the Building and Zoning could verify the fact that the permits
have been pulled. We are very satisfied that they have and I would like...
Mr. Plummer: Excuse me, give me the wording from the resolution. Does it
say, applied for, or received?
Mr. Bailey: Would you like for me to read it to you:
Ms. Linda Kearson: The resolution doesn't say either, but the minutes...
Mr. Plummer: What do the minutes say?
i Ms. Kearson: These are your comments, Commissioner: "OK, fine, we're going
to give you until June 15th and you've got to pull a permit."
Mr. Plummer: OK, they've got to pull it - not apply, pull it! Pull it means,
in hand,
Mr. Bailey; Pulled and paid for.
k
Mr. Plummer: Exactly, Now, I want to see copies of those permits.
Mr, Bailey: Well, Commissioner, we don't normally bring_ those here, What
would you like?
Mr. Plummer. Well, I'll give you the opportunity to bring them. You've got
all of five minutes,
153 June 23, 1988
Mr. Bailey: Can't do that.
Mr. Plummer: No, no, I want to bee the permits now. This is getting to the
point, and I think that the reason, and I'm not trying to speak for
Commissioner Dawkins, this chronological thing is to repetitious, and so
ridiculous, that it is getting to the point that it is a joke.
Mr. Bailey: Commissioner Plummer, if I may speak, or if you are speaking for
Commissioner Dawkins, and 1 don't...
Mr. Plummer: Let me make the comments from my own comments.
Mr. Bailey: OK, and then I'll respond to your comments.
Mr. Plummer: Let me refresh your memory. OK, thank you for the minutes. My
comments from that meeting, and I can show you many a structure around here
that drew permits that haven't done a damn thing with them, OK? It's in the
minutes. I'm quoting that world great orator:
"Now, I mean, is two years reasonable, or 18 months a reasonable
time to have a completion date? Look, the bottom line is not
putting the shovel in the ground. The bottom line is opening the
front door to the tenants. Now, you know I don't have to sit here
under a misnomer and say, OK, fine, we are going to give you until
June 15th to pull a permit, and June 15th of 1990, we're saying,
why aren't they finished. Now, I think they want an extension of
time, but this Commission needs to establish is a reasonable
period of time for completion and if they don't let's put them
under a penalty."
Mr. Bailey: In 1990.
Mr. Plummer: After 1990.
Mr. Bailey: After 1990, that's what you said.
Mr. Plummer: Yes, that is for opening.
Mr. Bailey: Well, 1990, I don't think anybody is disagreeing to that.
Mr. Plummer: Excuse me, let me read you the resolution, OK?
"A resolution extending the deadline for initiation of
construction to June 15, 1988, for parcel number 37 of the
Southeast Overtown/Park West Phase I redevelopment project; said
extension to be made part of the land deposition agreement between
the City and Can American Realty and further declaring that if
said construction deadline is not met, Can American Realty
Corporation loses its development rights to parcel number 37 of
said project."
The word is construction. That is the minutes of the meeting.
Mr. Bailey: Well, Commissioner, I think, and I am not disagreeing with the
word, construction, but you all said, initiate construction. We take it...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Well, I am reading the word, construction. Hey, look, Herb, the
only thing we are trying to do, is to get it moving.
Mr. Bailey: Well, I don't think that anybody involved in this Administration
is doing anything any different than that.
Mr. Plummer: We continuously get extensions, extensions, extensions! We are
never going to have anything.
Mr. Bailey: We are not asking for an extension.
Mr. Plummer: No, the extension ran outt
Mr. Bailey: Well, if that is your definition, I don't agree.
Mr. Plummer: Hey, read the minutes. The minutes are clear.
154 June 23, 1988
■
Mr. Bailey: I have the minutes, 1 have read every word! I have it with me
and you said initiate construction.
Mr. Plummer: That's what it says!
Mr. Bailey: Now initiating construction, pulling permits, setting up...
Mr. Plummer: No, it doesn't say permits.
Mr. Bailey: dell...
Mr. Plummer: It says tohstruttioh. Are we reading from the same minutes?
Mr. Bailey: Same copy you have, sir.
Mr. Plummer: Did 1 not read it verbatim? It did hot say constructioh?
Mr. Bailey: Well, I don't think you and I need to get into semantics.
Commissioner.
Mr. Plummer: OK, it is not semantics. I'm reading from the minutes.
Mr. Bailey: Yes.
Mr. Odio: Commissioner, what do you want us to do?
Mr. Plummer: I want that damn thing started!
Ms. Anne Marie Adker: Thank you!
Mr. Odio: (OFF MIKE) OK, good.
Mr. Bailey: No, I am not going to stand up here and tell a lie just to make
the Commissioner happy. I want to give...
Mr. Plummer: Wait a minute, wait a minute!
Mr. Bailey: I want to give to him the progress report as to where we are.
Mr. Plummer: It is not making the Commissioner happy!
Mr. Bailey: Commissioner, we are dealing here with a process for which at
least nine of the ten points in the decision making is not left up to the City
of Miami. It is not left up to this Commission. The way in which we have to
finance this, you have the Federal government involved, you have Dade County
involved, you have finances involved, and I'm going to tell you something,
these developers have done something that nobody in this City has ever done.
They have gotten financing to do a project that nobody else wants to do. The
process is different than anything else that this Commission or this City has
ever gotten itself involved in, and I wish we would try to understand it.
Mr. Plummer: Herb, that is well and good, all right? I understand what you
are saying, but you know, how long have you been doing this, Herb?
Mr. Bailey: I've been doing this project five years, but it was on the books
four years before I got here and nobody did anything.
Mr. Plummer: Fine.
Mr. Bailey: OK?
Mr. Plummer: Let's just speak to the five years that you have been involved.
Mr. Bailey: And we can tell you what we did every day, every month of the
five years and we have 300 pieces of legislation passed, held up by this
Commission for six to eight months before we could even move, and not one bit
of help.
Mayor Suarez: And more importantly than that, in the last couple of months,
we have made incredible progress, and that's another important item. One
other thing...
155 June 23, 1988
f r t'r �I9e rye, �;a
Mr. Plummer: Well, I have not seen anything across my desk that tells roe they
have made any improvements!
Mayor Suarez: How about conditional approval of financing by HUD of...
Mr. Bailey: We want to give you a progress report, you won't let us.
Mr. Plummer: Hey, I am saying to you, we gave you, as you will recall, more
time than you asked for, by extending it to June 15th. I think originally
Commissioner Dawkins wanted it May lst, as I recall.
Mr. Bailey: Commissioner, you are right, but I want to explain something, and
I have for five and one-half years, in trying to get this Commission to
understand what it is that they set out to do. Never could get a chance to do
that, this is very difficult to take on this kind of process and come here
within five or ten minutes and try to explain to you what it takes six or
eight months to do, but we try! Now, when you ask us for absolute deadlines,
it is not like the arena where we have all the financing... public financing
with the money is there. There are at least four or five different agencies
involved in the final decision, none of which we have control on, other than
decisions that we can make. But, when you ask us to give you a definite date,
we try to come as close as possible what we think the other agencies will
react to. We cannot say, "FHA, you have to make a decision on a certain day
because the Commission said so." They look at us like we are crazy, but have,
on a continuous basis, with developers, with the County, with the members of
this Commission, we have called and tried to expedite the items to give a
date, and satisfy what this Commission had asked us to do. We have come as
close as possible, there is no other way to do it. Now, we are there, and I
know you don't want to hear it, but I am satisfied that we are there.
Mayor Suarez: Herb, one item that is practical and important, having to do
with any further delays, and maybe the Commission ought to, if we have a
quorum, join me in making clear to the developers and their attorneys, that
when you have additional items of costs, such as those costs by the Federal
guidelines on wages to be paid for these projects and so on, they are going to
have to absorb those. In other words, I had a conversation with them, I said,
look - he was the attorney for two of the projects now, from the Fine Jacobson
law firm - for myself, and I believe I reflect the consensus of the
Commission, I want to work with you, I want to reduce those costs, and I want
to get the Federal government to re -interpret and to understand our costs are
lower, maybe, than the ones that they are using, etc., but that doesn't mean
that we are going to approve in any way a modification of the terms, or an
extension by virtue of that. You proceed, as they should be doing, the
private developers, proceed to try to make those modifications to make it more
profitable, if they want. God knows it isn't a particularly profitable
project, I don't think it is, but that doesn't mean we justify a delay. One
other thing, Mr. Manager... where is the Manager? - Mr. Anybody who answers
for the Manager, Matthew, Sergio, whoever - we have a request, and I keep
getting requests from the lobbyist, not lobbyist, but the PR person that we
have hired, to promote this thing, or to publicize it or do whatever, that we
have a ground- breaking, and just like Herb says, he is not going to pronounce
our groundbreaking. I am not 'ready to go out there and do a groundbreaking
for ceremonial purposes, because somebody who was hired to do PR for the City
wants me to do it, so as far as I am concerned, she can stop sending me those
letter and you know, we will do a groundbreaking when the groundbreaking is
due, when we have got these projects ready to ground break. I understand one
of the four, is in fact, beginning construction, is that the case?
Mr. Bailey: It started today.
Mayor Suarez: And I think it would be correct not to do a groundbreaking
ceremonial, as important as that may be from a PR stance until all four are
actually building, and I hope that the Commission supports me on that, no
ceremonial groundbreaking until all four developers are ready to do the actual
construction. Construction, meaning breaking ground and building foundations
and all of the rest that we understand by that.
Mr. Bailey: Could I...
Mr. De Yurre: If I can make a couple of statements, because I was the one
that put this on the agenda. I keep hearing, and then again, I've only been
156 June 23, 1988
gotten involved in this in the latter part of the history of this project, but
it is my understanding that we have been putting the pressure on the developer
to get cracking, but yet, in talking with their attorneys yesterday, they
explained to me that there are things that the City has to do, that we haven't
done yet, such as a toxic waste, or a toxic waste problem that there is with
the land, there Jr. supposed to be a report on that, and I'd like to have
somebody address me on you know, when that was ordered, why is it that after
all these years that we have had the land...
Mayor Suarez: Yes, which is inconceivable that we wouldn't know about that
until just now, really.
Mr. Schwartz: It just happened, This was dropped upon us by the
underwriters, who are working on this about six weeks ago, six, or seven weeks
ago. In that time period, we have been trying to find out exactly what the
minimum requirements would be, so we wouldn't go to outlandish expense.
Mayor Suarez: Are you talking about underground conditions, or talking about
hazardous wastes from the project?
Mr. Schwartz: Underground, and this is a new requirement...
Mayor Suarez: All right, because the way it was stated to me by an attorney
made it sound like you were talking about hazardous wastes from the project.
If you are talking about underground conditions, this is the third City
project in the last year or so, that we have had this come up - the Little
Havana Substation, the Latin Quarter Project, and now this, so maybe we ought
to not wait for this come up, but be equally ready for it ourselves.
Mr. Schwartz: OK, we have it on the Commission agenda today for a contract
with ERM-South to do that. I think it was item number one on the regular
agenda, and that within 30 days, they would have the results - 30 to 45 days,
for all four blocks.
Mr. De Yurre: So there is no way we are going to get this started for another
45 days at least, at the very least.
Mr. Schwartz: No, because the developers, they are waiting... the major
holdup with the developers right now, they were advised by bond counsel to
wait until July, they anticipate that interest rates will drop slightly, which
will make the projects more feasible. They are very price sensitive to
interest rates, these projects.
Mr. De Yurre: OK, now, did any of you all bother to meet, certainly not with
me, but with any of the other Commissioners or the Mayor to express that fact
that there is no way that by June 15th any groundbreaking was going to take
place, when you knew that we had set that time limit. Did anybody address
anybody on this Commission7
Mayor Suarez: Yes, particularly on that last point, now see, you know I have
been kept abreast pretty much of some of the other impediments and I'd help to
resolve them, but I have not ever been advised that we now may have to wait,
because of an interest rate window of opportunity or something, and I am not
disposed to go along with that at all.
Mr. Schwartz: Well, the developers...
Mayor Suarez: And I don't care what their bond counsel says. What their bond
counsel says is irrelevant, I mean, bond counsel is going to look for the
safest opinion he can possibly give, or she can possibly give.
Mr. Schwartz: Every one of the developers has indicated to us that by the
latter part of July, it will be under real construction, meaning that they
will have major crew out there and with the foundation well under way.
Mayor Suarez: Why would it take 30 to 45 days to solve the underground...
Mr. Schwartz: They have to do a historical evaluation of all prior land uses
on that site. They have to do borings at certain locations.
Mr. De Yurre: Who said 30 to 45 days they would break ground?
157 June 23, 1988
Mr. Schwartz: This was all the developers.
Mr. be Yurre: When did they say that!
Mr. Schwartz: We have gotten correspondence from theta last Tuesday.
Mr. Plummer: Why is it the City has to do thatl Why doesn't the developer do
it?
Mr. Schwartz: These are responsibilities - the City is to deliver the land to
the developer, in the condition that they can start construction...
Mayor Suarez: Well, anything that can be done in 30 or 45 days can be done in
15 days. I mean, you can just do it a lot quicker.
Mr. Schwartz: We have accelerated the original proposal from... we have gone
to three companies. What was up to six months...
Mayor Suarez: What is the original proposal? I mean, what do we have to
approve today on that?
Mr. Schwartz: It is an emergency ordinance allowing the selection of ERM-
South, up to $80,000, the contract to issue.
Mr. Plummer: $80,0001
Mr. Schwartz: $20,000 per parcel. It is one of the reasons the first
estimate was much higher. We were trying to find out the minimum that we
would have to do to meet the requirements.
Mayor Suarez: If we have to do it, we have to do it, and then I'll entertain
a motion on that, because otherwise we are never going to get this project
built.
Mayor Suarez: You want to move that so we can get that done?
Mr. be Yurre: Well, there is just two more points and we can wrap this up.
Talking with the attorneys yesterday, there is no way that I, as an attorney,
based on what they expressed to me, that I can see this project getting
started, at least, at the very least, for 90 days. When they have explained
to me all the different entities that have to be involved in this process,
legally, their attorneys getting together, dealing with the issues, FHA, ABC,
CBS, all these entities, there is no way you are going to get it done in 30 or
45 days. You know, if you are saying that is a deadline, or that is a time
table, forget it. Now, that is one point. Another point is, again, getting
back to the City doing there thing. They pointed out to me that they couldn't
get going, even if they were ready to go, because the City had not provided a
title insurance policy commitment, and that is to the City Attorney that I am
addressing this, and that had been requested for a good six months, and it
wasn't until about two days ago that they got a copy of the commitment, and
I'd like to hear something in that respect.
Ms. Kearson: Commissioner, it has not been six months. We did request a
title insurance commitment in March, working with the law firm who worked with
us in acquiring the property. We have now received commitments for two
properties, two blocks. However, the blocks 46 and 55 were acquired through
condemnation, which means there were no abstracts. We now have to reconstruct
those abstracts, and that's time consuming. We have been assured, however, to
have those title commitment policies by next Wednesday.
Mr. be Yurre: When, and I deal in real estate, when did we purchase these
properties?
Mr. Schwartz: When the City purchased four blocks in Park West... three
blocks in Park West, and one block in Overtown, in 1986 and 1987, we had title
policies on each of those policies issued by the attorney who is now handling
it. It was to reissue a lessee's title policy and that was the requirement.
Mr. be Yurre: OK, the City of Miami has an owner's title insurance policy?
Mr. Schwartz: Yes, on every parcel there.
158 June 23, 1988
f
Mr. De Yurre: And you could hot...
Ms. Kearsbn: No sir, we Could hot.
Mr. be Yurre: Could hot what?
Ms. Kearsoh: We Could hot use the owner's title polity for blocks 46 and 55,
Mr. De Yurre: When was that purchased! - 46 and 551
Ms. Kearsoh: That was acquired = when was that, 1980?
Mr. Schwartz: 1084 it was condemned by Dade County, 1984 and 1985. Dade
County does not get title insurance when they condemn property. The property
was transferred to the City of Miami approximately less than a year ago.
Mr. De Yurre: In exchange for anything?
Mr. Schwartz: No.
Mr. De Yurre: We just got it.
Mr. Schwartz: Well, we ended up paying about $6,000,000, I mean...
Mr. De Yurre: So we paid $6,000,000 for something, and we had no title
insurance on that? Is that what you are telling me?
Mr. Schwartz: That was a result of a court settlement, but the land was
transferred to the City by Dade County, the City did not obtain any title
insurance.
Mr. De Yurre: Then we didn't have an abstract either. So, the City
Attorney's office allowed the City to purchase... you put or gave $6,000,000.
Mayor Suarez: No, no, not quite, not quite. You are mis-characterizing it.
We condemned the property, but the County is the entity that actually does the
condemnation.
Ms. Kearson: That's right.
Mr. Plummer: Is this the one they took on quick -take?
Mr. Schwartz: Yes, this was the property in Overtown.
Mr. De Yurre: But then we paid for that property?
Mayor Suarez: We sure did.
Mr. Plummer: Boy, did we pay!
Mr. De Yurre: OK, OK!
Mr. Plummer: Property worth $2,000,000, we paid $6,000,000 for!
Mr. De Yurre: Now, we paid $6,000,000 and we don't have any abstract or any
title insurance policy on this, so we don't know if there is any problem with
the land?
Mr. Schwartz: Dade County cleared the title as far as...
Mr. Plummer: We quick -took the property!
Mayor Suarez: All right, we condemned it.
Mr. Plummer: We took the property, the County took the property under quick
take, so we could sit around and do nothing.
Mr. De Yurre: Yes, but you can get a policy right then and there.
Mayor Suarez; It might have been interesting to have done it at the time, but
I mean, we have condemned the property. We have a judicial decree that gives
us that property, and so it really it is in effect a quiet title actionas far
as I know.
159 June 23, 1988
Mr. De Yurre: When we can we expect to have this problem solved, the legal
problem, the title insurance commitment?
Ms. Kearson: We were told by next Wednesday.
Mr. De Yurre: By next Wednesday. OK, let me tell you what 1 am trying to get
at.
Mayor Suarez: By the way, you are making a very good point, 1 mean, if we
acquired it by condemnation as late as a year or two ago, the title policy
should be awfully easy to get from that point forward, so...
Ms. Kearson: Chicago Title Insurance would not honor that. They would not
accept that.
Mayor Suarez: Well, maybe they ought to be told about the laws in the State
of Florida. Anyhow, Commissioner, go ahead.
Mr. De Yurre: OK, what I am trying to get at is the following. Back in
February, we set the time limit and all that, and we were way off, because we
weren't dealing with reality, at least what the reality was, maybe it wasn't
expressed to us the way it really was, and we based on something else. What I
would propose at this time is that at every Commission meeting we get a status
report, so that we know what's happening. And you us in the last two weeks we
were able to accomplish this and this and we expect this to happen next, and
that is from the Administration. From the developer's side, at least I'd like
to have you once a month and tell us where they are at, because if we just
say, see you in four months, and you'd better breaking ground by then, those
four months go by and we have no idea what's been happening.
Mayor Suarez: That request should be absolutely no problem in view of what we
have been told, which is that we will have exactly two meetings before we have
quote, unquote, a groundbreaking, so all we want is one more report before the
final one, if that is the case. If not, we will want continuing ones after
that.
Mr. De Yurre: So you know, at least a status report every Commission meeting.
Mayor Suarez: OK. Why don't you bring the mike up closer to you and give us
your name and address so we have it for the record, please.
Mr. Robert McKinney: Yes, Mr. Mayor and members of the Commission, my name is
attorney Robert McKinney: My office is at 1611 NW 14th Avenue. I am here on
behalf of Mr. and Mrs. Sawyer. What I would like to say to you is, I would
hope that the Commission would not stand in the way of progress. I've
recently become involved in the details of this redevelopment, but I do
understand that the two projects that Mr. Sawyer is involved in, they are
ready to go, they have been ready to go. There is no problem with financing.
He has about, I guess over $500,000,000 that he had to go outside of this
community to get, because he could get not get financing locally. There are
two square blocks in the four square block area, that the projects is just
ready to go. The other two lots...
Mr. Plummer: Well, why hasn't he gone?
Mr. McKinney: I understand that Mr. Sawyer has continuously cooperated with
the City of Miami and because other persons were not ready to go, he decided
to wait. Now, this is what I understand. There has been a history... he is
the only one that really has any real money invested...
Mr. Dawkins: The reason they have not gone is simply because the power
structure refused to finance these damn projects. That isn't no.., everybody
up here knows that! Wait a minute, let me ask this please, attorney McKinney.
See, everybody up here is aware that these builders came down and here and Mr.
Sawyer came in here personally and said, if you need more money, let me know,
and everything, and still, the banking industry refused to fund these projects
in Overtown, and the reason we got a problem is, these individuals have had to
run back to the Federal government, back to the Federal government, back to
the Federal government, back to the Federal government, to get a Federal
handout, and our individual banking industry refused to go in there and fund
these projects, as bad as we need affordable housing, as bad as housing is
160 June 23, 1988
needed, the banking industry refuses to be a part of this, and the only way we
are getting it done is because the Federal government is backing it up. That
is why, Commissioner Plummer, it is not being done. Go right ahead, Mr.
Attorney.
Mr. McMinnty: Yes sir, Commissioner Dawkins, I understand, and Bill, you can
correct The if I am wrong, there are four projects, in four square blocks, four
different projects going on, the two projects that Mr. Sawyer is involved in,
the money is there. He's got over $500,000,000 that has been committed by
banks outside of this community, now that's what I understand.
Mr. Plummer: Well then, why hasn't the project been started?
Mayor Suarez: Why haven't we broken ground and begun, Circa Barness Sawyer? -
or Indian River?
Mr. Bailey: I just want to respond to the question. It is a matter of
process, and process, when you have to go through FHA, coinsurance, FHA full
insurance, CD float, Dade County Housing Finance Agency, the process does not
give us the ability to be very definite as when they will finish making the
decision on things that we are asking them to do, that is why we are not in
the ground.
Mayor Suarez: Of the four that you recited, the four financing tools that you
recited, which one was needed to begin Circa Barness Sawyer?
Mr. Bailey: The CD float, housing financing bonds...
Mayor Suarez: You are talking about Dade County Housing Finance?
Mr. Bailey: Dade County Housing Financing. We got surtax, and we also...
Mayor Suarez: So it isn't quite correct. It makes it sound like Mr. Sawyer,
or any one person is financing the entire thing. I mean, he is using a
variety of financing tools, some involving government.
Mr. Bailey: Well, of the...
Mrs. Kennedy: And all of the financing is place, correct?
Mr. Bailey: The commitment for the financing is in place. Each one of these
developers have an absolute conditional commitment. It is just a matter now,
of complying with the few requirements that they have asked us.
Unfortunately, one of those is the test boring in terms of the environmental
situation. We feel very strongly that all of the conditions that have been
requested in the conditional commitment will be met. The developers have
indicated that. We meet with them on a frequent basis, and for the most part
of the financing, it may not be all of the money coming out of their pockets,
some of them have put up to $1,000,000, that they have to sign on the bottom
line for these monies. So, what you have here is a very difficult financing
situation, unfortunately, because as the Commissioner said, the bank would not
provide financing. I'll go one step further. Your well-heeled developers who
talks so admiringly about how they love Miami, wouldn't even bid to come in
and do projects in this particular area, and when you have this kind of
situation, you will get into these difficulties and long drawn out problems on
how to finance it. I give these developers a lot of credit for having to go
through that, and they have no assurances that they are going to get that
money back, but they are out there.
Mayor Suarez: Anything further from the Commission?
Mr. Dawkins: Yes.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: Mr. Bailey, how much private money is in the arena, and how much
public money is in the Miami Arena?
Mr. Bailey: We have in the construction of the arena, approximately
$48,000,000 of public money, about $3,000,000 for the land, that we still have
to pay for next month..,
161 June 23, 1988
Mr. Dawkins: Who is paying for itl
Mr. Bailey: The City of Miami.
Mr. Dawkins: So that is still public. You want to add that to the public.
Mr. Bailey: Of public money, and we have $7,100,000 in an industrial
development bond, that is secured by the developers.
Mr. Dawkins: Now, how much trouble did the Decoma people have in getting
financing for the arena?
Mr. Bailey: None.
Mr. Dawkins: All right, see, and everybody wants to know why we got a
problem. This is our problem. You had a white organization doing a white
project in the same identical area, Overtown/Park West. You completed the
arena and no place in front of the arena does it say, Overtown/Park West
Arena. Is that one of the blocks that was designated for redevelopment, that
the arena sits on, is that one of the tracts?
Mr. Bailey: That is one of the first lots, yes.
Mr. Dawkins: All right, so, here we have a project, gone ahead and completed,
they had no trouble getting financing, and here we've got a big, beautiful
arena, and no housing around it when we should have been building housing.
That's our problem! And I'm like Mr. Sawyer, I mean, me and Mr. Sawyer, we are
up in age. I mean we would hope you'd get these completed so we could see
them, not that somebody have to come out to the grave and show a picture of
them.
Mayor Suarez: Anything further? Anyone from the Commission? Counselor, and
then Mr. Sawyer, very quickly.
Mr. McKinney: Mr. Mayor, there is one other matter I'd like to bring to your
attention. While the arena and the convention hall being the focal point of
development of the Park West, certainly the four square blocks - the focal
point of the development of the Overtown area, and there are two pieces of
property, one is on the northeast corner of 2nd Avenue and 8th Street, there
was a service station there. Mr. Sawyer owns that property also. I
understand, and I haven't checked this out, I may be wrong, that that
property has been rezoned, so a service station no longer can be there? Mr.
Schwartz should know something about it.
Mayor Suarez: Oh, counselor, I think you ought to clarify that with staff,
without getting into it right now. I mean, we can take that up at any time.
We've got to figure out how to get moving along on this item, and many others.
On Southeast Overtown/Park West...
Mr. McKinney: One other thing and I'll sit down. The other properties are
down at 6th Street, between 2nd Avenue and 1st Court, no way, the arena
project or the Overtown project is going to work with that blighted housing
remaining there.
Mayor Suarez: We have heard a lot about that, and that is a problem and I
don't know what the status of that is. Herb, do you have an idea on that
second question that he had?
Mr. Bailey: I am sorry Counselor, I did not hear you.
Mr. McKinney: The property behind, what is that, Max Bauer and Company?
Ms. Adker: (OFF MIKE) Max Bauer?
Mr. Bailey: Where we have those apartments which Mrs. Bauer owns, we are
still negotiating and trying to find a way and come up with the dollars to
acquire those properties and then find somewhere to relocate the people that
would be removed because of our acquisition, but we are working on it. Mr.
Mayor, I have information in front of me that speaks to the progress to date.
Unfortunately, this is not part of your packet, because this is a discussion
item, and it is only a few things. I would like...
162 June 23, 1988
■
Mayor Suarez: Herb, you know, for my sake, there is absolutely no need to do
this, I understand that Commissioner be Yurre was with counselor for two of
these projects, got a complete briefing, and then they called me up and tried
to give me a complete briefing on something that I am already quite familiar
with. Unless the Commissioners who are here, Vice Mayor, or Commissioner
Plummer have additional questions, we've got to get on with this agenda.
We've got many, many other items. I am confident in what you are doing. I
feel a part of what you are doing. I am consulted, I am asked to make phone
calls, I have no problem with this. I try to make it viable to the extent we
possibly can and to do another rehash of this, it is just unnecessary.
Mr. Bailey: It's quite all right with me. I just want to make sure that you
know, if you did need it...
Mayor Suarez: The Commissioner has asked for a report every session.
Mr. Bailey: If you ask for it, you may have it.
Mayor Suarez: Right.
Mrs. Kennedy: I think that however, a motion is in order to approve the money
for the toxic waste.
Mayor Suarez: Yes.
Mr. Odio: Item one, item one.
Mayor Suarez: Yes, please, on the money for the toxic cleanup, I'll entertain
a motion on that. Do we need an emergency ordinance on that?
Mr. Odio: A resolution. We need a four/fifths vote.
Mayor Suarez: Oh, it is an emergency resolution? We need four/fifths.
Commissioner Dawkins is in the back, he is in the Chambers?
Mr. Plummer: This was put out to bid?
Mr. Schwartz: We called three firms to interview them to see if they could
meet the time frame, and if they had the capacity to do four blocks at once.
Mr. Plummer: You have three different prices?
Mr. Schwartz: Yes.
Ms. Juanita Shearer: These are professional engineering services,
Commissioner Plummer, and by State law and City ordinance, we cannot solely
base our decision on prices. We also, because your City is liable for any
failure of findings effectively that these people make, we went to an
excellent firm.
Mr. Plummer: What was the price range?
Ms. Shearer: They all basically boil down to within $1,000, or so, of each
other.
Mayor Suarez: And the lowest was?
Ms. Shearer: We really didn't do it that way, Mr. Mayor, I'm sorry, because
they are professional...
Mayor Suarez: The one you are recommending was...?
Ms. Shearer. $80,000. It is $20,000 a site. That is an amount not to
exceed, and it is based... this is going to cover the costs of all the
drilling, all the testing, as well as the analysis.
Mayor Suarez: I just wanted to know the amount. You can answer all you want,
but I just wanted to know the amount. Commissioners, are you ready to vote on
that? You have any further questions on that? Need a second? Do we have a
second?
Mr. Dawkins: (OFF MIKE) Second.
163 June 23, 1986
Mr. Plummer: Second.
Mr. Dawkins: What am I seconding?
Mayor Suarez: Call the toll on the emergency resolution to approve the toxic
cleanup expenditure for the four lots, $20,000 for lot, roughly, $80,000
total.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-582
A RESOLUTION BY A 4/5TH AFFIRMATIVE VOTE OF THE CITY
COMMISSION, ADOPTING, APPROVING AND CONFIRMING THE
CITY MANAGER'S FINDING THAT A VALID PUBLIC EMERGENCY
EXISTS IN CONNECTION WITH THE PROCUREMENT OF THE
HEREIN PROFESSIONAL SERVICES, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH ERM-SOUTH, INC., TO PROVIDE
PROFESSIONAL SERVICES RELATED TO CONDUCTING
ENVIRONMENTAL ASSESSMENTS OF BLOCKS 24, 37, 46 AND 55
OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AREA, USING FUNDS THEREFORE IN AN AMOUNT
NOT TO EXCEED A TOTAL OF $80,000 FROM 1976 HOUSING
GENERAL OBLIGATION BONDS FUND INTEREST PREVIOUSLY
ALLOCATED TO THE SOUTHEAST OVERTOWN/PARK WEST
COMMUNITY REDEVELOPMENT PROJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mrs. Kennedy: Four/fifths vote.
Mayor Suarez: He is whistling. That's a good sign, or maybe it is a bad
sign, I don't know.
Mr. Plummer: Hey, when you are so far in debt, I vote yes.
COMMENTS AFTER ROLL CALL:
Mayor Suarez: I agree with that last statement too. OK, we don't need
anything else on this item? I guess Mr. Sawyer has been waiting. Do you want
to make a statement, sir?
Mr. Tom Sawyer: I just want to say something to the Commissioners, that those
two sites, one on 6th Street and one on 8th Street, it is very close to the
arena and stadium and convention hall, and if that thing is a failure, they
are going to blame it on Overtown, because of those two sites being so close.
I just want you to keep that in mind, please.
Mayor Suarez: I think that's the highest priority. Dr. Perry?
Dr. Bill Perry: Thank you Mr. Mayor, Bill Perry, 850 NW 7th Street Road.
Just to reiterate what Mr. Sawyer said, you know blaming it on Overtown, the
success of the arena, I'd like to bring to your attention a resolution you
passed in 1983, which authorized the Overtown Advisory Board, to be the
community participation instrument for this Commission relative to all of the
164 June 23, 1988
development that takes place in Overtown. I would like for you to reiterate,
whatever you do, with staff, and the developers, the intent of that resolution
so that it is followed through. It would appear as if there have been some
gaps between implementation of the resolution and what is currently happening.
I think that some of the problems that you are having now, would not have
happened, had the Advisory Board been involved in what is going on there, so
if you could just do that for us, it would help us.
Mayor Suarez: The tenor of the resolution was basically that we would consult
the Advisory Board on any modifications, or on the entire progress of the
project?
Dr. Perry: Absolutely, and I can give you a copy of it, if you need a copy of
it.
Mayor Suarez: No, no, because I acted on it when I was first elected. I went
to whatever meetings I was invited to and I am still ready to do that, but the
thing is, a lot of times the stuff that is being required for this project to
move forward, you know, is not the kind of thing that the Advisory Board can
help much with, frankly, but I am ready to go and meet with the Advisory Board
myself and I know staff... has staff in any way failed to keep the Advisory
Board appraised, or consulted it on anything?
Dr. Perry: Well, it appears to me that just as the Federal government
requires in some instances that projects are signed off by some degree of the
community prior to their approval by the elected body, that you would request
from staff, some sign -off, or some indication that it has at least been by the
Advisory Board. That's stated in the resolution.
Mayor Suarez: I think we could restate the resolution or ratify it by a
motion, if you want to do it at this point.
Dr. Perry: It is Resolution 83-1148.
Mayor Suarez: But that is basically the tenet where we just discussed, to
keep apprised, and consult the Overtown Advisory Board.
Dr. Perry: Yes.
Mr. Plummer: One more layer of bureaucracy.
Mayor Suarez: I'll entertain a motion on that. I think this is a key moment
for Overtown/Park West. We hope it is a key moment, and if we, at any point,
missed step with the Advisory Board, it could end up getting us in the hot
water with the community and that's the last thing we want to do.
Mr. Plummer: I would make a motion that staff at all times keep the Overtown
Advisory Board apprised of what they are doing, to put in their consult, or
approve the thing, I think is going, it is just one more layer of bureaucracy.
Overtown has a right to know, and I think that everything is going on, knowing
who is on that board, if they are apprised of what is going on and they see
something that is not quite right, they will definitely let staff know.
Mr. Dawkins: Second.
Mayor Suarez: Moved and second. I've been getting notifications of the
meeting, but if you will give me an indication of when you think I ought to be
present, I'd be happy to know that, and I will be present. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
Its adoption:
MOTION NO. 88-583
A MOTION INSTRUCTING THE CITY ADMINISTRATION TO KEEP
THE MEMBERS OF THE OVERTOWN ADVISORY BOARD APPRISED AT
ALL TIMES AS TO WHAT THE CITY IS DOING IN CONNECTION
WITH DEVELOPMENT IN OVERTOWN.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
165 June 23, 1988
AYES: Commissioner Victor be Yurre
Commissioner Miller J. bawkihs
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: gone.
ABSENT: None.
38. (A) DISCUSSION CONCERNING OFFICIAL GROUND BREAKING CEREMONY IN THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT. (B) APPROVE
REIMBURSEMENT TO THE CITY OF MIAMI BY CODEC, INC. FOR USE OF CIVIC
CENTER SITE TO CONSTRUCT A LOW DENSITY AFFORDABLE SALES HOUSING
DEVELOPMENT PROJECT.
------------------------------------------------------------------------------
Mayor Suarez% Item 26, quickly, I understand you were approved today by the
Surtax Board to the tune of $1,000,000, and that you are ready to break ground
and start building affordable housing by no later than tomorrow at 9:00 a.m.?
Mr. Dawkins: 7:00 a.m.
Mayor Suarez: 7.00 a.m. We've got a Commissioner here, whose name I won't
mention, who is ready with bulldozers... what do you need from us?
Mr. Jerry Gereaux: I think...
Mayor Suarez: What do you need from us? Jerry, do you need discussion
regarding the Civic Center Housing Project? I think that enters discussion?
Mrs. Kennedy: Something that I can bulldoze?
Mayor Suarez: You have been very eloquent. Go away, sin no more. Build
UNIDENTIFIED SPEAKER: I think what we need is ratification from the
Commission as to the price on the land.
Mayor Suarez: Are we ready to do that, Jerry, to approve the price, based on
the appraisal?
Mr. Gereaux: There has been a major milestone here with this group, getting
the $1,000,000 they needed to make the second mortgages possible. They need
one more thing, and we have discussed this in the past. What... about two
City Commission meeting ago, and Mr. De Quesada, who is quite ill right now...
Mayor Suarez: For the mortgages, we need to know what the value is so that we
can put on the mortgages of... that will return monies to the City.
Mr. Gereaux: Yes, the bottom line is what they need is, they need the land
conveyed to them and then on to the individual buyers.
Mayor Suarez: The appraisals were what?
Mr. Gereaux: Yes, at a total value of $510,000. Now, we...
Mayor Suarez: And that is within the appraisals?
Mr. Gereaux: Yes, we had the land appraised, and one appraisal was high, one
appraisal was low. This represents...
Mr. Plummer: What did we pay for it?
Mayor Suarez: Yes, I am afraid to ask the question that Commissioner Plummer
has asked, but we ought to, what did we pay for it?
Mr. Gereaux: We paid back in 1983, a little over $1,000,000 for the site. It
was zoned at...
166 June 23, 1988
Mr. Plummer: Well, how you can you have an appraisal if we paid $1,000,000,
it's half of that now?
Mr. Gereaux: OK, and the reason for that is, that there has been a change in
the reuse of the land. Back when we bought the land, it was toned R-5, and it
was toned for a numerous number of... it was like 275 rental units and the
appraisal was based on a rental project build out , now we are talking about a
much scaled back project, which is 96 units of affordable home ownership
housing, so when they do the reuse appraisals, they appraised the site for the
intended, the highest and best use, which has already been designated, which
is more...
Mr. Plummer: And how much money is the City getting back?
Mr. Gereaux: The City will be getting back $510,000 plus a little bit of
interest on a long term basis. We agreed at the...
Mr. Plummer: So, in other words, at that rate, we are going to go broke in
half fast.
Mr. Gereaux: Well...
Mr. Plummer: No, no, hey, all kidding aside, you pay $1,000,000 for a piece
of property, and you are going to get back a half million dollars for
development. You know...
Mr. Gereaux: And we are going...
Mr. Plummer: And we are going where? We are going to hell in a hand basket,
that's where we are going!
Mr. Gereaux: We are also all the time, Commissioner, going to be getting back
real property taxes on a piece of property that is now for at
least four years, maybe five, but the other thing that I wanted to say is,
this business of producing affordable housing in 1988, is very tough, and
cities that are producing it, are doing the kinds of things that this
Commission is being asked to do now. In fact, the County actually gives the
land away. I don't feel that that is necessarily the best way to go, but this
is the kind of project where you have got private banks involved, you got the
County involved with the surtax money and to make the whole deal work, if we
are talking about public/private venture, everybody has to give a little.
Mr. Plummer: Is this nonprofit?
Mr. Gereaux: Yes, this is CODEC, a not for profit development corporation.
It happens to be a very good one. And I guess what I would be asking you to
do is in principle, agree to that land reimbursement, but let me come back to
you on July 14th, after I've had the opportunity to go over the numbers, you
know, with a formal resolution, at which time you know, there will be more
discussion. But, in order to get from where we are now, to the next phase,
I'll need some direction from the you as to how to proceed. I'm recommending
this.
Mr. Plummer: Yes, your recommending this sounds all well and good, but you
know what the future is, you can't spending $1,000,000 and getting $500,000
back and expect these programs to continue, so you know, it is just the idea
when Orlando Urra comes up and says, what about for Allapattah?... Coconut
Grove comes up and says, what about Coconut Grove, you are going to have to
tell them, hey, we wasted the money elsewhere, and there is no more...
Mr. Dawkins: And Tallmadge Fair comes up and says, what about Liberty City?
Mr. Plummer: Yes, you know, the free lunch is over!
Mr. Gereaux: Right, what we are going to have to do and what we are doing is
coming up as fast as we can with new sources of housing revenue, four million
next year.
Mr. Plummer: Yes, but I guess the real question is, why would the City get
back less than what we paid?
167 June 23, 1988
Mr. Gereaux: What the Commission decided to do when this discussion came up
about two months ago, when Mr. Quesada was here, there was some discussion
about whether the City should get back 50 percent, or 75 percent, or 40
percent and what was finally agreed by the Commission is, it would be
determined on the basis of two reuse appraisals, and we have gone ahead and
gotten those reuse appraisals and what they came up with, based on what is
going to be built on the site, which is no longer you know, a major rental
project, is that value, essentially.
Mr. Plummer: So in other words, we are going to under -utilize the property,
and give it away at half price.
Mr. Gereaux: In the interest of providing affordable home ownership.
Mr. Plummer: God bless youl
Mayor Suarez: We have already, as a policy matter, basically decided that we
are not going to get much return on our land for the next ten years because of
the lease terms that we've agreed to, or the mortgage terms rather, but
Commissioner, if I may, the worst thing that could happen is no affordable
housing being built for the next ten years, and that's the juncture we are at.
I understand your concern that if we don't get sufficient return on our
investments for these properties, that we are not going to continue to build
projects, but we've got build something. These are the first, actually, the
second.
Mr. Gereaux: That's true and HUD is also looking at us to produce this
housing as a condition for continuing to get the block grant.
Mayor Suarez: For further support,
project, these are extremely important.
to entertain a vote on this item.
Mrs. Kennedy: I move it.
Mayor Suarez: Moved.
and other than the Swire properties
They are really the first. I'm ready
Mrs. Kennedy: For the sake of affordable housing.
Mayor Suarez: Second. Any further discussion? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-584
A MOTION ESTABLISHING THE AMOUNT OF $510,000 AS
REIMBURSEMENT TO THE CITY OF MIAMI BY CODEC, INC. FOR
CODEC'S UTILIZATION OF PUBLICLY -OWNED LAND AT THE
CIVIC CENTER SITE IN CONNECTION WITH THEIR LOW DENSITY
AFFORDABLE SALES HOUSING DEVELOPMENT PROJECT.
Upon being seconded by Commissioner De Yurre, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL;
Mr. Dawkins; You did say you are breaking ground in the morning, didn't you?
I vote yes.
Mr. Plummer: I'm going to vote yes, with the cautions that I've already
expressed.
168 June 23, 1988
N
COMMENTS AFTER ROLL CALL:
Mayor Suarez: `Yes, and I want to add another cautioh to it. Mr. Manager,
let's get creative and let's figure out 8 way, how that we have a housing
conservation agency, that we can acquire property and "not have to pay, hot
only top dollar, but in this particular case, almost twice what we are able
later to appraise it for. I understand that we have a change of use and all of
that. There has got to be a way that people don't have to know that it is the
City buying it. I don't know how we can do it, I don't know if we can alert
the world to the fact that we are interested in building these projects, and
seeing if people can kind of speculate on us, as long as we are not bound to
buy them at the end of that process - develop an inventory, do something that
we can in a competitive fashion, get our prices lowered, but I know we are
paying a lot more than what we should be.
Mr. De Yurre: Government in the sunshine!
Mr. Dawkins: You can't do that, you have...
Mayor Suarez: No, but I have a feeling there is a tool that can be worked
that...
Mr. Dawkins: Well, you know, I agree with you, but like you say, we just
going through an exercise of futility. The land Brother Paul is on isn't
worth what the hell he is asking for!
Mayor Suarez: But that is one that we have to acquire, that specific one.
And if we can choose....
Mr. Dawkins: But I'm saying, if anybody other than us wanted to buy Brother
Paul's land, it would not be at that price, Mr. Mayor. That's all I'm saying.
Mayor Suarez: But he might not sell it. I mean...
Mr. Dawkins: Well, then, I wish he wouldn't.
Mayor Suarez: Right. And then we're the only ones that can buy it because
we're the only ones that condemned it.
Mr. Dawkins: No, if we get through building around him, then nobody don't
want it, he'll be glad to give it to us.
Mayor Suarez: That may be the other way to proceed.
NOTE FOR THE RECORD: AT THIS POINT, THE ADMINISTRATION ANNOUNCED
THAT AGENDA ITEMS PZ-29 AND PZ-30 WERE WITHDRAWN. IN ANSWER TO A
REQUEST FROM A CITY RESIDENT WHO WAS PRESENT DURING THE MEETING
(MR. LEWIS MARTOS), THE PUBLIC WAS ADVISED THAT THE ZONING RULES
STIPULATE THAT WHEN THE APPLICANT WITHDRAWS AN ITEM DURING A CITY
COMMISSION MEETING, HE WILL HAVE TO WAIT 18 MONTHS IF HE IS
REQUESTING THE SAME TYPE OF ZONING, AND 12 MONTHS IF HE IS
REQUESTING A DIFFERENT TYPE OF ZONING.
39. CONTINUE TO JULY 21 PROPOSED RESOLUTION FOR MODIFICATION OF COVENANT
REGARDING PROPERTY OWNED BY LEONARD A. RALBY, ET AL AT APPROXIMATELY
2606, 2612, 2620 AND 2630 S.W. 28TH STREET.
Mayor Suarez: Which item did you want to defer?
UNIDENTIFIED SPEAKER: Number 38, Mr, Mayor.
Mayor Suarez: Is there anyone that objects to item 38 being continued to...
Mr. Dawkins: Yes, me,
Mayor Suarez: ... the meeting of - the second meeting in July, right?
169 June 23, 1988
0
Mr. Dawkins: Yes.
Mayor Suarez: Other than Commissioner bawkins? OK, let the record reflect
that no one stepped forward. I'll entertain a motion, do ve have enough
for.. .
Mr. Dawkins: Move.
Mayor Suarez: Moved. Commissioner De Yurre, do you second the deferral?
Seconded. Call the roll.
UNIDENTIFIED SPEAKER (OFF MIKE): Not with the deferral.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER DE YURRE, PZ-38 WAS CONTINUED UNTIL THE COMMISSION
MEETING OF JULY 21, 1988 BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Clarify for the record, it's a motion to continue until the
second meeting in July, that being July 21st. We changed that deferral of
item 38, or continuance rather.
40. APPROVE, IN PRINCIPLE, THE BAY HEIGHTS - NATOMA MANOR TRAFFIC STUDY -
SCHEDULE PUBLIC HEARING TO CONSIDER CREATION OF SPECIAL TAXING DISTRICT
OR OTHER CONTROL MEASURES.
NOTE FOR THE RECORD: AT THIS POINT, A REQUEST WAS MADE OF THE
CITY COMMISSION TO DEFER AGENDA ITEMS PZ-40 AND PZ-41. SINCE THERE
WAS SOME OPPOSITION FROM CERTAIN INDIVIDUALS IN THE AUDIENCE, THE
REQUEST FOR DEFERRAL WAS DENIED.
Mayor Suarez: Item 21.
Mr. Plummer: We had asked them to do a traffic study.
Mr. Turner: Correct, the Natoma Manor, Bay Heights neighborhood traffic
problem has been studied three times over the past three years by the public
works department and the planning department. The most recent...
Mr. Plummer: For the record, state your name and your position.
Mr. Turner: My name is Clark Turner, I'm the transportation planner with the
planning department. The problem has been studied three times over the past
three years by the public works department and the planning department. The
results of those studies...
have been summarized and put into your package. The recommendation that we
have at this point is that your approval, in principle, of the installation of
automatic unattended entry gates for the entrances to those two neighborhoods
from South Bayshore Drive and Miami Avenue and the closure of the intersection
of Hallissee Street and South Dixie Highway that because the Commission has
expressed its intent to not fund any more of the street closures that have
been requested, that a public hearing be set for 90 days from now to present
the cost estimates for such a closure and to elicit the response from the
neighborhood as to what their wishes are with respect to funding it. The
problem in that neighborhood is basically that the congestion on South
Bayshore Drive that occurs in the afternoon peak hour, roughly from 3:30 until
6:30 p.m., backs up from the intersection of S.W. 17th Avenue and Bayshore
Drive and the congestion, as it becomes worse, it backs up progressively
170 June 23, 1988
outbound from the cehtral busihett distritt.
ihtersection of...
This closet fittt the
Mayor Suarez: I thought that was going to be partly resolved with that extra
lane turning into lath Avenue.
Mr. Turner: The axtra lane for the 11th Avenue Was not among the issues that
were approved by the Commission in principle on the Coconut Orove traffic
study. It was discussed but we didn't...
Mayor Suarez: I could have sworn we did, Clark.
Mr. Turner: I didn't I don't...
Mayor Suarez: That's the one item of the traffic aspect of this that we
approved.
Mr. Plummer: No, I think, Mr. Mayor, what we approved...
Mayor Suarez: Maybe we didn't do it formally, but we all spoke in favor of
it.
Mr. Plummer: No, what we approved was a third lane.
Mr. Turner: It was an exception...
Mayor Suarez: The third lane, yes, that's what I meant.
Mr. Plummer: But that's in the center for turning.
Mayor Suarez: Yes.
Mr. Turner: The additional lane on South Bayshore Drive to 17th Avenue
with...
Mayor Suarez: Right
Mr. Turner: ... a continuance beyond in order to taper back in...
Mayor Suarez: Right.
Mr. Turner: was one of the recommendations that the planning department
did not recommend. It was an exception to the recommendations of the report
and I do not believe that the Commission took an action to...
Mayor Suarez: Well, doesn't it make sense to do that? I thought that we
discussed it and it made a lot of sense to do that, eminently good sense to do
that.
Mr. Turner: It's certainly a question that we can revisit.
Mayor Suarez: Oh.
Mr. Turner: And I would be very happy to come to you with an additional study
of that particular recommendation...
Mayor Suarez: OK, as to the rest?
Mr. Turner: ... but initially it was an exception to it and when you endorse
the report that was made, that exception, was part of that report. We did
discuss it, however, and I don't think, considering what was going on that
evening, it didn't get much of a discussion. That particular topic did not.
So we can revisit that,
Mr. Plummer: So what are you recommending at this time?
Mr. Turner: What we're recommending is, we did look at the Portland and
Seattle plans that you specifically asked about. Those are not applicable in
this particular instance. Those plans work well where there is a large number
of streets in a grid system.
Mr. Plummer: Because they don't work, they don't work, period,
171 June 23, 1988
Mt. Turner: They don't work, right. What we're recommending hete is that
everything that is a normal traffic control treasure here has been tried. The
most recent a year ago where all the stop signs that are now in that
neighborhood.
Mr. Plummer: And that's totally ineffective.
Mr. Turner: They're not working. The last resort is to close the entries
that are now being used by people escaping South Bayshore Drive congestion and
seeking Tigertail by going through those neighborhoods. That's the basic
problem that's going on there and that is the one that can be dealt with only
by closing those access points from South Bayshore Drive, at least during the
times when the traffic is trying to get through there. Now, a passive
barrier, that is one that doesn't move, it stays 24 hours a day, would make a
very great inconvenience to the neighborhood...
Mr. Plummer: Correct.
Mr. Turner: ... what we are recommending here is an active barrier which
would be a gate that would open and close. It could be timed so as to close
during the peak hour and open the rest of the 24 hours.
Mrs. Kennedy: With a card?
Mr. Turner: Pardon?
Mr. Plummer: No, no, on timer.
Mrs. Kennedy: Just timer. Oh, I see.
Mr. Turner: It would be timed. An optional feature on such a gate could be a
magnetic card reader to give people with...
Mr. Plummer: No, that's ridiculous, it won't work.
Mrs. Kennedy: That's too
Mr. Turner: No, OK. So we're recommending an active barrier that would be
down during the peak hour, up the remainder of 24 hours.
Mr. Plummer: What about in the morning at Tigertail and Hallissee?
Mr. Turner: That's a different problem that is occasioned by the fact that
there is the entrance from Hallissee to South Dixie Highway and that provides
a way to escape the light at 17th Avenue...
Mr. Plummer: Yes.
Mr. Turner: ... and come zooming through. We have, in our opinion, there is
no traffic justification whatsoever for that entrance onto South Dixie
Highway. In fact, being just downstream from the signalized intersection of
17th Avenue is not only unnecessary but it does present a hazard for traffic
that's pulling into that traffic stream without benefit of signalization. We
recommend that be closed.
Mr. Plummer: All right, so you're recommending then that a public hearing be
held on this.
Mr. Turner: Yes.
Mrs. Kennedy: What are the morning peak hours, 8;00-10:00, 8:00-9:00, 9:00-
10:00...
Mr. Plummer (OFF MIKE): No, no, 7:00 - 9:00.
Mr. Turner; The peak hour on that particular intersection...
Mrs. Kennedy; Seven to eight?
Mr. Turner; .., is from 9:00 till 10;00, It's after the normal inbound
morning peak hour which is home to work trips. We suggests that the traffic
172 June 23, 1988
that's using that ihtersectioh at that peak hour is neighborhood traffic using
it as a convenience. Now, that's the peak; That doesn't mean there isn't
traffic going through the rest of the time. It's just that the largest number
of vehitles during a one hour period is 115 of them between 0:00 and 10:00 in
the morning.
Mrs. Kennedy (OFF MIKE): Nine to ten, that's what I said. Nine to ten.
Mr. Plummer (OFF MIKE): Yet.
Mr. Turner: Which is more traffic than a normal residential street should
have at that time of the day.
Mr. Plummer: OK, the only thing I disagree with is 90 days.
Mr. Dawkins: What's the cost of this?
Mr. Sergio Rodriguez: The idea of the hearing, by the way, is to establish
how to pay for it. It's the same solution neighborhood.
Mr. Plummer: No, you've also got to have a public hearing...
Mr. Rodriguez: Right.
Mr. Plummer: ... to hear objections. There are some in there who are not
going to like anything you do and there's some in there that are not going to
say what you do is not enough.
Mr. Turner: The last recommendation that was made, Commissioner, a year ago
when the study was made that resulted in the installation of the stop signs.
There were four alternatives presented to a meeting of the property owners in
that area; stop signs, one way streets - four alternatives. The vote between
doing nothing at all and doing any one of the alternatives was about evenly
divided.
Mr. Plummer: Yes, but you see they've had a year to understand that the stop
signs are not working.
Mr. Turner: Right.
Mr. Plummer: And people who are, I don't know about Rosario, but people who
are talking to me say, hey, let's try to do something else because that didn't
work. I would say let's schedule a meeting in 60 days. Schedule it for the
first meeting in September.
Mrs. Kennedy: It's fine with me.
Mr. Turner (OFF AND ON MIKE): Do you - does that provide enough notice for
property owners? Property owners need to be notified.
Mr. Plummer: Sure.
Mr. Turner: Yes, OK, fine.
Mr. Dawkins (OFF MIKE): What's the cost of this?
Mrs. Kennedy: We'll establish that.
Mr. Turner: We don't have cost estimates yet.
Mr. Rodriguez; Something else 1 want to make you aware, the police department
also discussed with us that the type of barriers that have to be installed
here is one that they can go through on an emergency and break aways...
Mr. Plummer: Fine.
Mayor Suarez: All right.
Mr. Rodriguez: OK.
Mayor Suarez: Do we need that in the form of a motion?
173 June 23, 1988
Mr. Turner: Where is a resolution that accepts, in principle, this and sets a
date for a public hearing. It says 90 days but it could say 60 clays.
Mr. pluntner: I'll trove that we have a public hearing in 60 days,
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Well, if the resolution was 30 days ago, it's the same thing.
Mr. Rodriguez: Could you establish the hearing for the first meeting in
September?
Mr, Plummer: Rine.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-585
A RESOLUTION APPROVING, IN PRINCIPLE, THE BAY
HEIGHTS - NATOMA MANOR TRAFFIC STUDY FOR THAT AREA
BETWEEN SOUTH BAYSHORE DRIVE/SOUTH MIAMI AVENUE AND
SOUTH DIXIE HIGHWAY, FROM SOUTHWEST 17TH AVENUE TO THE
WESTERLY BOUNDARY OF THE METRO DADE COUNTY SCIENCE
MUSEUM, AS REQUESTED BY MOTION 88-482; MAY 19, 1988,
WHICH STUDY RECOMMENDS TRAFFIC RELIEF IN THE AREA
THROUGH SELECTED OPTIONS, DIRECTING THE ADMINISTRATION
TO SCHEDULE A PUBLIC HEARING IN 60 DAYS TO CONSIDER
THE CREATION OF A SPECIAL TAXING DISTRICT OR OTHER
MEANS, OF IMPLEMENTING TRAFFIC CONTROL MEASURES.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Plummer: Can I get some of those maps?
174 June 23, 1988
41. CONTINUE TO JULY 14 CONSIDERATION OF POSSIBLE CHANGE OF ZONING AND
AMENDMENT OF MIAMI COMPREHENSIVE PLAN AT 1145 N.W. 11TH STREET
(MUNICIPAL JUSTICE BUILDING) TO BEGIN STEPS TO OFFER PROPERTY.
__-----_=-_ -------------- -=--___--------------------------------
Mayor Suarez: What was the recommendation on PZ-22 and I know Vice Mayor
Kennedy wants to go back to item 27 of the non planning and zoning agenda?
Mr. Guillermo Olmedillo: PZ-22 you would find in page three of your packets.
There are four alternatives that we had...
Mayor Suarez: Gee, I keep getting that answer today all the time when I ask
questions that I'll find something in my packet.
Mr. Rodriguez: What is the question again? What is your question again?
Mayor Suarez: If I knew it was in the packet and if I had read it, I wouldn't
ask the question. What is the recommendation?
Mr. Olmedillo: We are waiting for the...
Mayor Suarez: PZ-22, the Municipal Justice Building.
Mr. Olmedillo: We're waiting for the department of development from the point
of view of development itself, the fourth...
Mayor Suarez: Aha, now we're dividing the two points of view, development
versus land use. Very interesting, OK. It makes sense.
Mr. Olmedillo: The fourth will be the more flexible one, the fourth will
accommodate for the...
Mayor Suarez: The what, I sorry?
Mr. Olmedillo: The fourth option.
Mayor Suarez: What is it?
Mr. Olmedillo: The fourth option is one that has 40 percent hotel, 20 percent
retail and 40 percent office and that is under a CR3-2/7 zoning. That will
accommodate the type of combination that the neighbors would like to see there
by which they have a...
Mayor Suarez: They particularly want it like a grocery store, didn't they?
Mr. Olmedillo: A retail component that will have something like a Winn -Dixie
or a Publix, that kind of a market.
Mayor Suarez: Why do you kind of look like you are very doubtful of that?
Mr. Rodriguez: My concern is from a development point of view. I cannot see
a hotel placing, or an office building located in the same site and a
supermarket. I think if I were a developer, I wouldn't probably go there.
So, if we were to attract developers for this type of site...
Mayor Suarez: That's option number four then. What's the option you
recommend?
Mrs. Kennedy: Do we have a market study of the area?
Mr. Rodriguez; I think number two.
Mr. Olmedillo: There's no market study for that.
Mr. Plummer: 12th and Flagler, that's the closest one.
Mr. Olmedillo; We had presented before the PAB the change of OI which will be
either one or two. That was opposed...
175 June 23, 1988
11
Mayor Suarez: Uhat's the mix ih those, m6tt or less?
Mr. bireedillo: What'll be office and hotels or offices alone.
Mayor Suarez: Limited to office and hotels, no grocery store type facility,
Mr. Olmedillo: It'll be a minor.,.
Mayor Suarez: No major retail,
Mr. Olmedillo: No, it'll be something like a 7-Eleven type of thing, Very
minor.
Mayor Suarez: No major retail, that's what I said,
Mr. Olmedillo: That doesn't respond to the needs of the neighborhood:
Mr. Plummer: A rip off.
Mr. Olmedillo: The ones that have a commercial could have, at the same time,
that they could have a hotel, they could have the other things also.
Mayor Suarez: Are you going to build on there?,
Mr. Jesse McCrary (OFF MIKE): I was thinking about it except for that 7-
Eleven.
Mayor Suarez: OK, because if you find our alternative so laughable, maybe we
ought to hear from you because, you know, we'd like to know from prominent
attorneys and their clients what they'd like to build there so we can get the
most for our money, for our land.
Mr. De Yurre: Well let me ask you, of the four possibilities where can we
make the most money? From a financial standpoint, where to we stand to make
the most?
Mr. Olmedillo: Well, we were waiting for the department of development to
tell us which was the preferable from their point of view so that we could
bring it up to you. Development, unfortunately, is not here or the people who
worked on that are not here today and we don't have the information.
Mrs. Kennedy: Why aren't they here?
Mr. Plummer: Because it's no money out of their pocket. They don't give a
damn.
Mr. Rodriguez: What is the question, I'm sorry?
Mrs. Kennedy: Why aren't they here? They were supposed to give us a
recommendation.
Mr. Rodriguez: Who - I'm sorry, somebody was talking to me.
Mrs. Kennedy: OK, development.
Ms. Juanita Shearer: Commissioner Kennedy, I'm sorry. I do not believe -
there was a miscommunication between the planning department and our
department. I've been unable to contact...
Mr. Dawkins (OFF MIKE): Again?
Ms. Shearer: ... the people who worked on the project. I'm extremely sorry.
I cannot give you a professional response on this.
Mrs. Kennedy: So what are we supposed to do?
Ms. Shearer: Is it possible to defer or continue the item?
Mr. Plummer; What else can we do?
Ms. Shearer: Well, the other option is to proceed without our department's
recommendation, of course.
176 June 23, 1988
Mr. be Yutret Well, tint so too fat. I move to defer this item.
Mayor suatet: Moved.
Mrs. Kehhedy: Under the tircumatantes, I aecohd.
Mayor Suatet: Second. Any further diseussion? Call the roll.
ON MOTION DULY MADE BY COMMISSIONER bE YURRE AND SECONDED BY VICE
MAYOR KENNEDY, ITEM PZ-22 WAS CONTINUED BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Take it out of their salary if it's not here the next time. I
guarantee you it will get done.
COMMENTS MADE AFTER ROLL CALL:
Mr. Rodriguez: Continue July 14.
Mr. Plummer: July 14.
Mr. De Yurre: Take away their car allowance.
Mayor Suarez: I thought we were going to hear from Bill Perry now who's going
to be a neighbor of this area, not Overtown, depending on where you want to
have him put.
42. APPROVE STUDY BY PLANNING DEPARTMENT OF EXISTING LAND USE AND ZONING
PATTERNS IN GENERAL AREA BETWEEN N.W. 27TH-30TH AVENUES FROM N.W. 15TH-
17TH STREETS.
------------------------------------------------------------------------------
Mrs. Kennedy: Can we go back to 27? Twenty seven is just to do a study at the
time that we do the comprehensive plan. It's a very simple thing. It's a
request from one of the constituents and I so move.
Mr. Oimedillo: Yes, the easiest way probably will be to take it together with
the rest of the comprehensive plan which is coming back to you in July 28th.
Mrs. Kennedy: Yes, that's what I said. Perfect.
Mayor Suarez: What do you want, a feasibility study or, I'm sorry, a land use
study?
Mrs. Kennedy: A land use study at the same time we do the comprehensive plan.
Mayor Suarez: N.W. 27th and N,W. 30th Avenues from N,W. 15th to N.W. 17th
Street?
Mr. Olmedillo: It's on the transparencies. That, it's...
Mayor Suarez: I remember.
Mr. Olmedillo: Instead of an island, it's a single family district and it's
surrounded by a duplex zoning,
177 June 23, 1980
o
Mayor Suarez: And they carte and there was no other way to solve the problem
that they had except to do a study and maybe...
Mr. Olmedillo: And to analyze it if the study yields that a change is deemed,
then ve will go ahead and present it to you.
Mayor Suarez: It vas kind of an island surrounded by..,
Mr. De Yurre: gut that was east of 27th, hot vest of 27th.
Mr. Olmedillo: West of 21th Avenue,
Mr. De Yurre: Past. East of 27th. It was between 22nd and 21th Avenue.
Mr. Olmedillo: This particular one that...
Mr. De Yurre: The one that - I don't know if that's the one the Mayor's
alluding to but the one that I remember...
Mayor Suarez: Oh, maybe I was referring to one that was very similar to this
and not this one, OK.
Mr. Olmedillo: Oh, that's the one...
Mr. De Yurre: And that was on 14th Street.
Mayor Suarez: What's the northern boundary of this?
Mr. Olmedillo: This is 17th Street on the north and 27th Avenue on the east
and 30th Avenue on the west. You were talking about the 14th Street thing...
Mr. De Yurre: Fourteenth Street.
Mayor Suarez: Ah, you got me.
Mr. Olmedillo: ... which is coming back to you on the comp plan amendment
also.
Mayor Suarez: Does it make sense to study this? Do you recommend it?
Mr. Olmedillo: We recommend to go ahead with the rest of the comprehensive
plan and bring it back to you in July.
Mayor Suarez: OK. I'll entertain a motion to that effect.
Mrs. Kennedy: Move it.
Mr. De Yurre: Move it.
Mayor Suarez: Moved and seconded. Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-586
A MOTION APPROVING A STUDY TO BE CONDUCTED BY THE
PLANNING DEPARTMENT AS TO EXISTING LAND USE AND ZONING
PATTERNS IN THE AREA BETWEEN N.W. 27TH AND N.W. 30TH
AVENUES, FROM N.W. 15TH TO N.W. 17TH STREETS; FURTHER
STIPULATING THAT SAID ISSUE SHALL BE BROUGHT BACK AT
THE MEETING OF JULY 21ST FOR THE CONSIDERATION BY THE
COMMISSION AT THE TIME IT CONSIDERS THE MIAMI
COMPREHENSIVE PLAN AMENDMENTS.
Upon being seconded by Commissioner De Yurre, the motion was passed and
adopted by the following vote:
178 June 23, 1988
s
AYES: commissioner 'Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
43. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -
CHANGE PLAN DESIGNATION AT APPROXIMATELY 829-833 S.W. 29TH AVENUE AND
829 S.W. 28TH AVENUE FROM MODERATE HIGH DENSITY RESIDENTIAL TO
COMMERCIAL RESIDENTIAL (LAMAR, INC.).
------------------------------------------------------------------------------
Mayor Suarez: Twenty-three which I guess has a companion item.
Mr. Olmedillo: Twenty-three and 24 are companion items and this is a second
reading. This is property located just south of 8th Street...
Mayor Suarez: PZ is what I meant to say, PZ-23 and 24.
Mr. Olmedillo: PZ. Yes, sir. Between 27th Avenue and 29th Avenue, S.W. As
you recall, this is connected to a property which is a new shopping strip -
shopping center which is kind of bluish greyish kind of thing and the same
owners own this elongated property. And what they're trying to do is extend
the same zoning district all the way to 29th Avenue. We have no problems, we
recommended approval. The planning advisory board recommended approval.
Mr. De Yurre: OK, move it.
Mayor Suarez: OK, I'll entertain a motion.
Mr. Dawkins (OFF MIKE): Here, Skipper, you can have this.
Mr. De Yurre: I moved.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Wait, wait, no, take mine. Don't take his.
Mr. Olmedillo: You need a separate motion for 23 which is the land use and
then for 24.
Mr. De Yurre: Well, this is 23.
Mr. Olmedillo: Yes, sir.
Mr. De Yurre: I moved it and Commissioner Kennedy seconded.
Mayor Suarez: OK, we have a motion, do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Second. Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985) FOR
PROPERTY LOCATED AT APPROXIMATELY 829-833 SOUTHWEST
29TH AVENUE, MIAMI, FLORIDA AND APPROXIMATELY 829
SOUTHWEST 28TH AVENUE, MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN) BY CHANGING THE
DESIGNATION OF THE SUBJECT PROPERTY FROM MODERATE HIGH
DENSITY RESIDENTIAL TO COMMERCIAL -RESIDENTIAL; AND
MAKING FINDINGS.
179 June 23, 1988
passed on its first (reading by title at the meeting of April 28, 1088,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner be 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10446.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
44. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT FROM RG-2/5 TO CR-3/7
AT APPROXIMATELY 829-833 S.W. 29TH AVENUE AND 829 S.W. 28TH AVENUE
(LAMAR, INC.).
Mr. Dawkins: PZ-24 is a companion item, move it.
Mrs. Kennedy: Twenty-four is a companion item.
Mr. De Yurre: Second.
Mrs. Kennedy (OFF MIKE): Call the roll.
Mr. Plummer: Read the ordinance.
Mayor Suarez (OFF MIKE): Call the roll.
AN ORDINANCE -
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 829-833 SOUTHWEST 29TH AVENUE, AND
APPROXIMATELY 829 SOUTHWEST 28TH AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/5 GENERAL RESIDENTIAL TO CR-3/7 BY MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 40
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 April 28, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None,
ABSENT: None.
180 June 23, 1988
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10447.
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.
45. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -
CHANGE LAND USE DESIGNATION AT APPROXIMATELY 2551 S.W. 27TH LANE FROM
LOW DENSITY RESIDENTIAL TO RESIDENTIAL OFFICE (ANTONIO AND SARA GOMEZ-
ORTEGA).
Mayor Suarez: PZ-25.
Mr. Guillermo Olmedillo: Twenty-five and 26, again companion items. Twenty-
five is a plan amendment, 26 is a zoning change. This is property located at
27th Lane and So. Dixie Highway and on first reading it was moved by
Commissioner Plummer and the applicant was proffering no access on 27th Lane.
Mr. Plummer: No, Commissioner...
Mr. Olmedillo: And there was a covenant to that affect and the covenant was
not submitted to us prior to this hearing.
Mr. Plummer: All right, Commissioner Plummer was trying to get that. I've
gone out there subsequently and seen that there is a house there in the back
that does have private parking already there. It would be foolish to try to
limit because you have the house there, the parking is there already, so why
reduce the amount of parking is what you, in effect, would be doing. So I
would remove my objection at that particular point. One thing they need is
more parking, not less. I'll move item 25.
Mr. De Yurre: Second.
Mayor Suarez: Moved and seconded.
the roll.
AN ORDINANCE -
Any discussion? Read the ordinance. Call
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 2551 S.W. 27TH LANE,
MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM
LOW DENSITY RESIDENTIAL TO RESIDENTIAL -OFFICE; AND
MAKING FINDINGS.
Passed on its first reading by title at the meeting of April 28, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10448.
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.
181 June 23, 1988
46. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT FROM RS=2/2 TO RO=1/4
AT APPROXIMATELY 2551 S.W. 27TH LANE (ANTONIO AND SARA Mintz-ORTEGA).
Mayor Suarez: The companion item, 26. I'll entertain a motion on that,
Mr, De Yurre: Move.
Mayor Suarez: Moved,
Mrs. Kennedy: Second.
Mayor Suarez: Second. Read the ordinance, 26, Call the roll,
AN ORDINANCE -
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 2551 SOUTHWEST 27TH LANE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2/2 ONE FAMILY DETACHED -RESIDENTIAL TO RO-1/4
RESIDENTIAL -OFFICE BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 42 AND 43 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 , 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10449.
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.
182 June 23, 1988
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41. DISCUSSION AND TEMPORARILY TABLE PROPOSED FIRST READING ORDINANCE TO
AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN - CHANGE LAND USE
DESIGNATION AND PROPOSED ZONING ATLAS CHANGE AT APPROXIMATELY 51 S.W. LE
JEUNE ROAD FROM RESIDENTIAL OFFICE TO COMMERCIAL RESIDENTIAL (MARTA LUZ
GORDON). (SEE LABEL 63).
------------------------------------------------------------------------------
Mr. Guillermo Olmedillo: PZ-27 and 28, companion items again, plan amendment
and zoning change from an office district to a commercial district. This is
for property located on LeJeune Road, just south of Flagler Street just south
of the gas station on the southeast corner of the intersection. There is an
existing building there and what the applicant wants to do is to convert this
into a vocational school. The extension of the commercial district into this
building does not seem necessary since there are enough vacant properties in
the area which are already zoned commercially. The other thing is that we
have the fear of the parking since the limited parking that exists there, 20
spaces, cannot be increased because this is in a basement that is just under
the building, this may impact the rest of the neighborhood. The planning
department recommended denial, the planning advisory board recommended denial
by a four to four vote, it was a tie vote but it constitutes a denial and
this...
Mr. De Yurre: Is the applicant here?
Mayor Suarez: Is the applicant here for item PZ-27?
Mr. Olmedillo: And the zoning board recommended approval by a nine to zero
vote.
Mayor Suarez: Are there any opponents to PZ-27's application here? Let the
record reflect that no one has stepped forward in opposition. This is on
LeJeune Road itself?
Mr. Olmedillo: On LeJeune Road, yes, sir. Just south of the gas station.
Mayor Suarez: Now, isn't it the case that they want this change only so that
they can have a present or a future tenant use that they don't... is this...
Mr. Olmedillo: Yes, they're seeking that the use by school. I suppose it's a
prospective buyer that wants to use it as a school. The one thing that we are
concerned about is the impact of parking. As you've remembered, a couple of
blocks south of this St. Thomas University came in for an application about
three years ago and there was a lot of reaction by the neighbors because of
the parking situation that could result from a growing school.
Mayor Suarez: I thought St. Thomas was off of Ponce de Leon or at some
angle...
Mr. Olmedillo: Yes, but they come in about, what, three or four years ago a
church property, which is just south of this particular piece.
Mr. Dawkins (OFF MIKE): They wanted to have off campus classes in a church or
something there and the neighbors complained because of the parking. J.L.,
you remember everything, why you don't remember that?
Mrs. Kennedy: How many...
Mr. Plummer (OFF MIKE): Oh, I remember it very well.
Mr. Dawkins (OFF MIKE): OK, no problem.
Mr. Plummer (OFF MIKE): But that was further down.
Mr. Olmedillo: Yes, a couple of blocks south.
Mayor Suarez: Yes, that's...
Mrs. Kennedy: How many...
183 June 23, 1988
Mr. Plummer (OFF MIKE): .., down at the church.
Mr. Olmedillo: On fourth gtreet. Right.
Mrs. Kennedy: How many parking spaces do they hare, twenty!
Mr. Olmedillo: They have twenty,
Ms. Marta Lut Gordon: Twentyitwo.
Mr. Olmedillo: finder the building today.
Mr. De Yurre: How many would they require?
Ms. Gordon: Excuse me, twenty-two.
Mr. Olmedillo: No, they would meet code. The problem is that when you have a
school, you know that school increase capacity little by little. That's the
nature of a school and that may get to impact the - because you don't have any
parking on Flagler, you don't have any parking on 42nd Avenue, so it's going
to have to park in the neighborhood.
Mr. Dawkins: They have 22 parking spaces.
Mr. Olmedillo: Twenty.
Mr. Dawkins: Twenty?
Ms. Gordon: Twenty-two.
Mr. Jorge Clavijo: Twenty-two.
Mr. Dawkins: All right, they have 22 parking spaces. How many students are
they planning on have?
Ms. Gordon: What did he say?
Mr. Clavijo: Forty students in the morning, forty students in the evening.
Mr. Dawkins: All right, so you got 40 students...
Mrs. Kennedy: And teachers?
Mr. Dawkins: Teachers and staff?
Mr. Clavijo: Five; four or five.
Mr. Dawkins: Twelve?
Mr. Clavijo: Four or five altogether.
Mr. Dawkins: Wait a minute now. All right, you got four or five instructors
or four or five teach... you don't have no...
Mr. Clavijo: No, instructor. Instructor and staff.
Mr. Dawkins: And you got no clerical people?
Mr. Clavijo: No, just one.
Mr. Plummer (OFF AND ON MIKE): Yes, but you see, all of that is immaterial.
And why it's immaterial, this is a change in zoning. Change of zoning they
are not bound to open up a school there. Once you change his zoning, they can
open up anything they want there. Now, if you want to go with a covenant
running with the land, that's a different story. If, for example, if they're
going to have a school, you can limit them to X number of students if they
voluntarily give of the covenant. But you're changing the zoning is the
problem. This is what - how many square feet, usable square feet, in this
building?
Mr. Clavijo; About 6,500, sir.
184 June 23, 1988
0
El
Mr. plumm6ft EiXty five huhdredl
Mr. Clavijo: that is correct.
Mr. Plummer: It's one floor of usable spaeel
Ma. Gordon: It's one floor.
Mr. Olavijo: That is correct.
Mr. Plummer (Off' MIKE): Yes, I'm very familiar with the property.
Mayor Suarez: Do you have any problem with a covenant that you would only use
the facility for this purpose?
Ms. Gordon: Not at all. Because anyway, there is not much that can be done
with that building. It's a self standing building, they cannot be any changes
in the outside of the building in the main structure.
Mr. Plummer: Yes, but you understand, Mrs. Gordon, when you give that
covenant, that runs with the land infinitum. I want you to understand that.
And if we tell you that in that covenant if we allow you to have this under
that covenant, and we limit you to forty students during the day and forty
students at night, you're going to be bound by that because if you don't, then
you're going to lose it. You understand that?
Ms. Gordon: Well, I understand that, however, I am not going to operate the
business. The reason why I am asking for the change of zon...
Mr. Plummer: But that runs with the land. Who's going to own the land? Are
you going to continue to own the land?
Ms. Gordon: I am not. I can't
Mr. Clavijo: No, sir, the land is going to be owned by the owner of the Miami
Technical College which is the gentleman who just answered the questions about
how many students will be there.
Mr. Plummer: Well, if she gives the covenant, he's going to have to accept
it.
Mr. Clavijo: That is correct.
Mayor Suarez: So that's why he's saying, do you have and also we're asking do
you any problem with such a covenant? Will you agree to such a covenant?
Ms. Gordon: I don't have any objections to that.
Mayor Suarez: You have no objections to it?
Ms. Gordon: No, at all.
Mayor Suarez: Can we understand that to mean that you agree to it?
Ms. Gordon: Sure, that that will be used as a school.
Mr. De Yurre: Well, I think we need to find out from the person's going to be
buying the building...
Mrs. Kennedy: Yes,
Mr. De Yurre: ... if he has any objection to that because, you know..,
Mr. Clavijo: Well, definitely.
Mayor Suarez: Well, at that point, it's not really up to him, but if you want
him to understand that...
Mr. De Yurre: Well, I think it's in.., yes. Who is the potential purchaser?
You have a contract?
Ms. Gordon: Yes,
185 June 23, 1988
Mr, elavijo: Yes, but anyhow, I have to think about,,: whether to taake a
decision now.
Mr, be Yurre: bK, then, I guess we're riot ready to make a decision how
either,
Mayor Suarez: Yes, if you're not ready to make a decision on that, we bay hot
be ready to make a decision on it tonight.
Mr. be Yurre: OK, I'll move to defer this item then.
Mrs. Kennedy (OFF MIKE): Second.
Mr. Clavijo: I want to back track on that. Mrs. Gordon had prepared a
statement that we would like you to hear about and then I would like to answer
the objections of the planning department because I don't this is - you
know...
Mayor Suarez: But, Jorge, the entire presentation and the entire idea of this
is premised on using the property for this purpose and we want to make sure
that that's what it's going to be used for, not something else that could take
advantage of the rezoning that you're for. So, if she doesn't agree with that
as the present landowner or if the prospective purchaser wants to think about
it, doesn't want to agree to it tonight...
Mr. Clavijo: But assuming...
Mayor Suarez: ... the Commission is going to want to defer it and you can
think about it for 30 days.
Mr. Clavijo: OK, assuming that there was not a person here ready to use the
building or buy the building for the purpose intended, assuming that Mrs.
Gordon is here just for the purpose of...
Mayor Suarez: It might not pass.
Mr. Clavijo: We would like to have a chance to be heard in what she has there
prepared...
Mayor Suarez: Kind of asking for the best of both worlds here. We've got
other items to be heard and you've got a very viable solution here. If he
wants to think about it, 30 days from now, it might very well - it sounds like
the Commission is saying that they would go along with it. Isn't that what
everybody is saying?
Mr. De Yurre: Well, yes, but I think she may be at a disadvantage and she
doesn't know what she's getting into and though that's not our position, you
know, I'm just... maybe it's the attorney.
Mayor Suarez: You want to take a few minutes to think about it and we'll go
to another item? Talk it over, seller to buyer and so on?
Mr. Clavijo: Yes, sir, I tell you that...
Mayor Suarez: Table the item and the companion item.
Mr. De Yurre: OK.
186 June 23, 1988
_-------------- ---
48. FIRST READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -
CHANGE LAND USE DESIGNATION AT APPROXIMATELY 101-125 N.W. 60TH STREET
AND 6000-6024 N.W. 1ST AVENUE FROM LOW MODERATE DENSITY RESIDENTIAL TO
MODERATE DENSITY RESIDENTIAL (NEW HORIZON GROUP HOME W .
-.....--------------------_-___---_ -__-_ _-------_-
Mayor Suarez: Why don't we skip 31 and go to...
Mr. Sergio Rodriguez: Mr. Mayor, table the item?
Mayor Suarez: I wouldn't be able to go into Allapattah if I did, I know that.
Mr. Dawkins: Yes, table it, they're coming back, Mr. Rodriguez. They're
going to table, they're coming back.
Mayor Suarez: The heck with Overtown. I wouldn't be able to go into
Allapattah for this one.
Mr. Guillermo Olmedillo: Yes, 31, 32, 33 and 34 are companion items and 31 is
the plan amendment, 32 is the zoning change that goes along with it from an
RG-1/3, which is a duplex zoning, to a multi family RG-2/4. Thirty-three is
an appeal to the special exception denied by the zoning board and 34 is an
appeal to the variance denied by the zoning board for a distance requirement
between CBRFs. What we have analyzed is that the area is a stable duplex
district. It's a creation of an island district if we went into a zoning
change or a land use change, you would have an isolated district which is
unrelated to what's around it because you have an RG-1/3 district which is a
duplex zoning and suddenly you find four lots which are unrelated to
everything around it which will be zoned this way.
Mr. Plummer: Is this a change of zoning?
Mr. Olmedillo: That will be the change of zoning and the comp plan amendment,
31 and 32.
Mayor Suarez: Guillermo, that map is a heck of a lot better than the other
one but...
Mr. Olmedillo: Thank you, sir.
Mayor Suarez: ... I can't read any of the avenues or places. What avenues
are we talking about there? Is that northwest, does that say N.W. 1st?
Mr. Plummer: First Avenue and 60th Street.
Mr. Olmedillo: Sixtieth Street and N.W. First Avenue; is that any better?
Mr. Plummer: It's by the school.
Mr. Olmedillo: This is a vacant site and it's about a block and a half...
Mayor Suarez: It's to the east of the old school.
Mr. Olmedillo: Yes.
Mayor Suarez: The old Edison.
Mr. Plummer: I don't find anywhere in here, in my backup material, the list
of ownership.
Mr. Olmedillo: If you'll bear with me, I'll check the backup.
Mr. Plummer: You have the backup on ownership?
Mrs. Kennedy (OFF MIKE): We don't have it.
Mr. Olmedillo: On page 10 of the packet, it shows New Horizon Group Homes and
then it says, mailing address and then legal description. Then it says..,
187 June 23, 1988
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Mrs. Kehhedy: On 311
Mr. Sergio Rodriguez: 0h page 31, it's oh page S.
Mr, Plummtrt page eight?
Mrs. Kennedy: We don't have page 8, On PZ=317
Mr, Rodriguez: Right,
Mr. Plummer: No, I have a page 8,
Mrs. Kennedy: Oh,yes, I do have a page 8.
Mr. Plummer: But this is a corporation. Who are the members of the
corporation? This is not full disclosure.
Mr. Rodriguez: Hold it one second, let me look for it, Ox? It's the one on
this package. One second.
Mrs. Kennedy: OK, here it is.
Mr. Plummert Where?
Mrs. Kennedy: Page 10, PZ-32, Ophelia Barnes, David Williams, Annie Adker.
Mr. Rodriguez: Do you see it, Commissioner Plummer? It's on item number PZ-
32, page number 10.
Mr. Plummer: You're supposed to have a breakdown in percentage.
Mayor Suarez: Members.
Mr. Plummer: It's non profit?
Mayor Suarez: They're members, they're not stockholders.
Miriam Maer, Esq.: From looking at the disclosure of ownership, it appears
that New Horizons Group Home is a not for profit corporation and what they've
done is listed the various officers of the not for profit corporation.
Mr. Plummer: Go ahead, I...
Mr. Olmedillo: If I may finish, Mr. Plummer. That's to the issue of the land
use change and the zoning change so the issues of the special exception and
the distance variance, you may remember that about two, three months ago, you
passed a change and amendment to the ordinance by which the variances for
CBRFs for distance requirements will be prohibited, will be banned from the
ordinance. And this particular application made it on time to be heard by
you. The feeling is that that leads to a concentration of CBRFs in the same
area and that was the main reason why we were having that distance requirement
and there are three other CBRFs within 1825 feet from this particular one.
Mr. Plummer: How many within a half a mile?
Mayor Suarez: What was the number of feet that you gave, within a hundred...
Mr. Plummer: Eighteen hundred.
Mayor Suarez: Eighteen hundred.
Mr. Olmedillo: 1825 feet.
Mr. Plummer: Which is the requirement. I think there's nine in that area.
Mayor Suarez: Why do you want to know within a half a mile?
Mr. Plummer: Because what we're trying - the reason this ordinance came about
with distance requirement, that in that particular area, they had nine or ten
at one time and it was all concentrated in that one area.
188 June 23, 1988
Mayor Suarez: The question that puzzles the is, they gave you the figures,
within, 1600 feet, half a rhile is what? _ 2600 feet?
Mr. Plummer: Yes, well, what I'm trying to bring about.:,
Mayor Suarez: You mean like within the general area, like...
Mr. Plummer: How many of those that were there before are still there?
Mr. Oltnedillo: To our knowledge and our record, it's within the 1825, we have
those three that I have on the transparency. I...
Mayor Suarez: in the general vicinity is what you mean? I mean the broader
area, like within a toile radius or something...
Mr. Plummer: There was at one time nine or ten right in that given area.
That's what brought about this ordinance setting the distance requirements.
Mayor Suarez: This is not the newly imposed ordinance, is it?
Mr. Plummer: No, the newly imposed, they can't even apply for a variance.
Mayor Suarez: I see. The newly imposed was particularly geared at that
Edgewater area.
Mr. Plummer: Yes.
Mayor Suarez: Where we have tons and tons of half way houses.
Mr. Plummer: Yes.
Mayor Suarez: Is there anyone here that wishes to be heard against the
petition that item PZ-31, 32, 33 or 34? Is that all the companion items?
Mr. Plummer (OFF MIKE): Two, three, four, five, six, seven, eight, nine, ten,
eleven.
Mayor Suarez: Let the record reflect that no one stepped forward. That's
always a good sign.
Mr. Plummer (OFF MIKE): It would seem like to me that both of these are in
that same - there's eleven in that general area.
Mayor Suarez: General is like a couple of miles, a mile or half...
Mr. Plummer: No, north of 49th Street.
Mayor Suarez: Forty-ninth to what? To what street?
Mr. Plummer: To the City limits, I guess. It only...
Mayor Suarez: To almost 87th?
Mr. Plummer: It only shows up here, Mr. Mayor, up to, I would say, about 69th
Street. See, that's the problem, they're so concentrated.
Jesse McCrary, Esq.: Mayor, may I be heard?
Mayor Suarez: I don't know, you've been doing pretty well so far without
saying anything.
Mr. McCrary: I'm not going to say anything either.
Mr. Olmedillo: If I may go through the history of it.
Mayor Suarez; Yes, absolutely, Jesse, at the appropriate time, we'll like to
hear from you unless you want to entertain a motion? Guillermo, do you want
to say anything else?
Mr. Olmedillo: PAB approved the zoning change by 7-2 vote, excuse me, the
land use change. The zoning board denied the zoning change, 9-0. Zoning
board denied the variance and the special exceptions, 8-1 votes. Just for the
record. And the planning department is recommending denial.
189 June 23, 1988
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Mayor Suaret: Suppose we approve and then we do as = well, What's the effect
of approving it, is it they get grandfathered in basically?
Mr. Rodriguez: They are approved and they can go ahead and do it.
Mr. Plurtner: if they approve, they can start construction;
Mayor Suarez: But they get grandfathered in...
Mr. Olmedillo: it is a vacant site.
Mayor Suarez: ... 1 mean, the existing ordinance is not Oh, the ohe we just
did actually restricts even further these...
Mr. Rodriguez: This is an ordinance would not allow them to apply for a
variance. if they were under the existing ordinance, the couldn't have
applied. That's it.
Mayor Suarez: OK, so they got in before the existing ordinance...
Mr. Olmedillo: Right.
Mr. Rodriguez: Right.
Mayor Suarez: ... so what I'm saying is, they got grandfathered in in some
way if we approve this.
Mr. Rodriguez: In applying...
Mr. Olmedillo: Right, they got into the system before.
Mr. Rodriguez: In applying only.
Mayor Suarez: Very good, so now we've established that they got grandfathered
in which is the premise of my question. Now, what effect does it have for
future users? Is it the usual thing that if they demolish or sell or
something the new buyer does not get the same rights or if they renovate or
what?
Mr. Olmedillo: Yes, they will fall into the non -conforming which is that you
cannot reconstruct unless you have certain conditions met according to the
ordinance, but basically, you're...
Mayor Suarez: OK, what triggers that in this case, the same as the usual
situation?
Mr. Olmedillo: Yes, it will be a nonconforming use.
Mayor Suarez: What triggers it when they sell, when they demolish, when they
modify, when they what?
Mr. Olmedillo: When they demolish or discontinue the use for more than six
months.
Mayor Suarez: How about selling?
Mr. Olmedillo: When they - no, if this use is continued, it'll go on.
Mayor Suarez: And you can't restrict it to this particular corporation, non
profit corporation?
Mr. Plummer (OFF MIKE): Not when you change zoning.
Mr. Olmedillo: It could be a voluntary proffer by the applicant.
Mr. Dawkins: OK, we'll get that volunteered, that ain't no problem.
Mr. Rodriguez; You have four items. Remember, you have a change of Zoning
that will go with the land, you have an amendment to the plan to go with the
land, Actually, everything goes with the land.
190 June 23, 1988
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Mayor Suarez: i was just trying to remember the tittutostahtes that trigger
noh applicability of Something that gets grandfathered in, that's all, l
thought it was a simple question:
Mr. Dawkins: is this vacant land?
Mr. Olmedillo: Yes, air.
Mr. Dawkins: And they got rmbhey to build a hew building? And they're going
to put up a new building to service a clientele that doesn't get serviced and
everybody is concerned but nobody was concerned about the other eleven and now
one more is going to sink the island.
Mr. Plummer: No, that's not really a correct statement. Let me tell you what
happened.
Mr. Dawkins: OK.
Mr. Plummer: We became concerned when we realized that there were no
regulations in the past ordinances to prohibit.
Mr. Dawkins: OK.
Mr. Plummer: They only had to come in and take out a permit and they were
granted that if their zoning was correct. When it became apparent to this
Commission many years ago that we were getting a cluster of these altogether,
that is when this Commission says, enough, we've got to slow it down and
that's when this provision of the distance requirement was put in. At that
time, I think there had already been nine or ten that had gone into this
cluster of these kind of facilities and that's when this Commission said, we
cannot continue to overburden that one particular area.
Mayor Suarez: And this is the last one that can be approved because there's
no other pending applications after the change.
Mr. Olmedillo: The next item, 35 and 36 is another similar to this one.
Mayor Suarez: Tonight is the last day is what I'm saying.
Mr. Olmedillo: Yes, sir.
Mayor Suarez: OK.
Mr. Dawkins: Wait now, 36 and 37 does not apply to these four lots?
Mr. Olmedillo: No.
Mr. Plummer: Is that another organization?
Mr. Olmedillo: Yes, that's another group...
Mr. Plummer: And where do they want to go?
Mr. Olmedillo: They want to go on 79th Street. Best description is just
behind the Pink Pussycat.
Mr. Plummer: Is that in the water?
Mr. Olmedillo: Yes, sir, the north side of the river.
Mr. Plummer; Are they going to operate on a house boat or mobile home?
Mr. Olmedillo: That is an existing three part building.
Mayor Suarez: That's not the former Playboy Club?
Mr. Olmedillo; No, it's on the other side of the street.
Mr. Plummer; No, the Playboy club's on the other side,
Mayor Suarez: Very much frequented by our planning director?
191 June 23, 1988
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Mr. Rodriguez: Not this one,
Mayor Suarez: Out former planning director?
Mr. Rodriguez: Maybe.
Mayor Suarez: Gouhselbr, do you iiaht to...
Mr. pluftner: You had to bring that up.
Mayor Suarez: .., make a pitch, lacking a motion at this point?
Mr. McCrary: Lacking a motion, I'll make a pitch but if 1 thought a motion
was going to be made, I'd hush to that I could let you gentlemen go about your
business - and lady.
Mayor Suarez: I'll say one thing, I'm comforted by the fact that after this,
they won't be able to do it, after tonight. So, it's not going to be like...
Mr. Plummer: Well, there'll be one more application, that's...
Mayor Suarez: ... bloodletting, well, one more, but I mean - and it's not...
Mr. Dawkins: I move it.
Mayor Suarez: OK, we got a motion.
Mrs. Kennedy: I'm going to second.
Mayor Suarez: Seconded. Any further discussion? Read the ordinance.
Mr. Plummer: Just for the record, so I remain constant, Mr. Mayor. I will
vote for the change of zoning, I will change for the other but I cannot vote
favorably for the distance requirement. You know, I just want to say this for
the record, I've said it before. Not all of these kids come from the City of
Miami, yet you don't find a single facility in Coral Gables, you don't find a
single facility in Miami Shores, you don't find any facilities in E1 Portal.
You know, I would feel very good if these facilities were limited to the City
of Miami residents only because we are taking on all of the responsibilities.
Jesse, I made the statement before, people laughed but I'm beginning to get
serious because I saw a change in attitude the other day that I think the
Biltmore Hotel, which is financially having problems would make a damn fine
facility for a New Horizons kind of a situation. And that only comes about
somewhat now in reality by the fact that they're trying to get University of
Miami students to use it as a dormitory.
Mr. Dawkins: OK, I'll amend the motion to say that I move this if - how many
clients are you going to service, Dr. Bestman?
Mr. Olmedillo: Fifteen, according to the application.
UNIDENTIFIED SPEAKER: Fifteen...
Mr. Dawkins: Thirteen?
UNIDENTIFIED SPEAKER: Fifteen.
Mr. Dawkins: Fifteen. All right, I'll move it if the fifteen clients are
City of Miami residents.
Mr. Plummer: You just got my vote.
Mr. 01medillo: Commissioner Dawkins, if I may suggest, being a zoning change
and a plan amendment, this has to be proffered voluntarily by the applicant.
Mr. Plummer: No, the distance requirements is a variance.
Ms. Maer: It would be a condition attached to the granting of the variance.
Mr. Olmedillo (OFF MIKE): Write their own, yes,
Mr. Plummer: Exactly, we can do that, They don't have to volunteer that.
192 June 23, 1988
Ms. M&eri That's item hufhber 33.
Mr. Rodriguez: but that's hot 31, that's...
Mr. Plummer: No, on the varighte.
Mr. Olmedillo (OFF MIKE): Yes, that will be on the variance issue:
Ms. Maer: Your condition is fifteen clients shall be City residents? Was
that your condition?
Mr. Dawkins: City - and any time we find that they're not City of Miami
residents, we'll abolish the whatever it is. Because nobody up here complains
any more about using the City of Miami than me. And as J.L. said, there's no
jail, no half way house, no house for the homeless in Key Biscayne, there's
not one in Coral Gables, no jail. There's not nothing in Bal Harbour so if we
are going to have them in the City of Miami then they should serve the
residents of the City of Miami.
Mayor Suarez (OFF MIKE): Thirty-one, that's what we're doing.
Mr. Dawkins: Now, I don't know if Dr. Bestman can live with that or not.
UNIDENTIFIED SPEAKER: We can live with it.
Mr. Dawkins: OK, so be it. Is that...
Mr. Plummer: Let me tell you, unfortunately, there's ten times that amount of
Miami kids that are in need of this kind of a service so I don't think she'll
have a bit of problem.
Mr. Dawkins: That's why she's here.
Mayor Suarez: He's not...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: He's not even flinching because of the residency requirements
are as loose as they are for people running for state house of representatives
or senator the moment they move into the facility, they become City of Miami
residents, don't they counselor? That's what you're thinking about.
UNIDENTIFIED SPEAKER: Yes, sir. Yes, sir.
Mayor Suarez: All right, I was concerned more with the voluntary covenant
that this would only apply to - if that's the way to do it, to this particular
corporation and not any successor.
Mr. Dawkins (OFF MIKE): I'll accept that amendment.
Mr. Olmedillo: If I may touch on that, I was corrected and I want to state it
on the record. This is the only use that goes with the owner and not with the
land. An ACLF has to go with the property owner and not with the land.
Mayor Suarez: All right, well that clarifies it. Does that answer my concern
then?
Mr. De Yurre: About a change of ownership within the structure, directors and
things of that nature?
Mr. Olmedillo: Then they would have to come back for a Class B special permit
which is issued.
Mr. De Yurre: Well, you understand what I'm saying, I'm talking about change
of ownership, corporation to corporation, I'm talking within the same
corporation a change of leadership or direction.
Mr. Plummer: Just for the record, if I may. There are 22 of these facilities
in the City of Miami existing north of 28th Street, twenty-two, Not a single
one that I know of in Coral Gables. Just for the record.
193 June 23, 1988
Mr. bawkins: Now, OK, before the vote, I want counsel and the applicant to
understand that when you bring somebody from Kokomo, Mississippi and tell roe
they're a Miami resident, it won't work. You got to have picked them up off
of 14th Street, 36th Street or somewhere and they got a drivers license or
`Voters registration card or something that say they are City of Miami
residents.
Mr. McCrary: Commissioner, I think statistically that if we put 15 of these
kinds of facilities, we still wouldn't have enough room for citizens of the
City of Miami. There are plenty.
Mr. Dawkins: You couldn't be further from the truth.
Mr. Plummer: Unfortunately, you're right.
Mayor Suarez: We have a motion and a second. 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 101-125 NORTHWEST
60TH STREET AND APPROXIMATELY 6000-6024 NORTHWEST 1ST
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY CHANGING THE DESIGNATION OF THE SUBJECT
PROPERTY FROM LOW MODERATE DENSITY RESIDENTIAL TO
MODERATE DENSITY RESIDENTIAL; AND MAKING FINDINGS.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
------------------------------------------------------------------------------
49. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT - CHANGE FROM RG-1/3 TO
RG-2/4 AT APPROXIMATELY 101-125 N.W. 60TH STREET AND 6000-6024 N.W. 1ST
AVENUE (NEW HORIZON GROUP HOME 01)
Mayor Suarez: How many of the companion items can we take them together?
Mr. Guillermo Olmedillo: Thirty-two is the zoning change which has to be
separate and then the special exception and the variance. You have to either
uphold or reverse what was decided by the zoning board.
Mr. Rodriguez: May I suggest, maybe, that 33 and 34, you hold until the
second reading because I don't see how you should be approving the variance on
a special exception on a use that is not allowed in a zoning category that
hasn't been approved finally. You understand what I'm saying?
Mr. Plummer: That's correct.
Mayor Suarez: OK, 32 then. I'll entertain a motion.
Mrs. Kennedy (OFF MIKE): Move it.
Mayor Suarez: Moved. We have a second on 327
194 June 23, 1988
Ll
Mr. Dawkins (OFF MIKE): Second.
Mayor Suarez: Seeohded. Read the ordihahte. 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 101-125 NORTHWEST 60TH STREET AND
APPROXIMATELY 6000-6024 NORTHWEST 1ST AVENUE, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
1/3 GENERAL RESIDENTIAL (ONE AND TWO FAMILY) TO RG-2/4
GENERAL RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 13 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 Kennedy and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEMS PZ-33 AND PZ-34
WERE CONTINUED TO THE MEETING OF JULY 21, 1988.
50. GRANT WAIVER OF RENTAL FEE FOR USE OF BAYFRONT PARK AMPHITHEATER IN
CONNECTION WITH NELSON MANDELA DAY.
Mayor Suarez: Item 29.
Mr. Charles Brunson: Mayor Suarez, members of the Commission, my name is
Charles Brunson, director of the African Resource Center, coordinator for the
speakers bureau for the Coalition for a Free South Africa, come to request...
City of Miami issued a proclamation designating June 26th, 1988, Nelson
Mandela Day. Also request a waiver of the fees for the use of the Bayfront
Parks amphitheater where the celebration will be held.
Mayor Suarez: Do you have a non profit agency that can sponsor that?
Mr. Brunson: Yes.
Mayor Suarez: And, if so, what is the name of it and...
Mr. Brunson: It is the Unitarian Church - I got the exact name...
Mayor Suarez: Now, if it's for the use of the amphitheater, don't we have a
certain number of reserved days for public use or Commission use or whatever?
Mr. Brunson: First Unitarian Universal Church of Miami.
Mrs. Kennedy: Mr. Mayor and Frank Castaneda has the list of the number of
events that we have already awarded to the community groups.
195 June 23, 1988
Mayor Suarez: 1 presume roe atill have quite a few,
Mrs. Kennedy: Yes, that Is Correct.
Mr: bawkiha (Orr MIKE): I h,bve it,
Mayor Suarez: Moved.
Mr. Plummer: Excuse me; you say this is a non profit br9anigatibh1
Mr. Brunson: Yes,
Mayor Suarez: it's a church.
Mr. Plummer: Is there a fee going to be charged, is there going to be a...
Mr. Brunson: No fees, it's not a profit making venture. It's a rally and
celebration of Nelson Mandela. We have a number of speakers and cultural
events that will be planned for that day.
Mayor Suarez: Are there any - let me clarify - this may be the first time we
do this for the amphitheater that I'm aware of or, if we have done it already,
I've forgotten. What stipulations on minimum costs, do they have to pay for -
nobody's speaking.
Mr. Brunson: There's a fees of $500 plus...
Mrs. Kennedy: The $500 fee is what they're asking us to waive.
Mr. Brunson: ... plus the insurance fee of $250.
Mr. Plummer: What about cleanup, sanitation, police, fire?
Mayor Suarez: That's what I mean, yes, the cleanup.
Mr. Brunson: I don't know of any fees for that.
Mrs. Kennedy: They would have to. They would have to pay for those.
Mr. Plummer: Well, what's the Manager say?
Mr. Frank Castaneda: What we're saying is, that if you want to do something
in support of this, you know, let's do just the fee waiver - you have 30 days
available to you and that doesn't cost the City any money.
Mr. Plummer: No, that's not the point.
Mr. Castaneda: They would have to pay for maintenance, for cleanup, all the
expenses necessary for cleanup and maintenance of that place.
Mr. Plummer: What about police, what about...
Mr. Castaneda: Yes.
Mr. Plummer: But are they aware of how much that figure is?
Mr. Brunson (OFF AND ON MIKE): .., the waiver of all the fees that, you know.
Mr. Plummer: No, no, no, you're asking for the waiver of the rental.
Mrs. Kennedy: Right,
Mr. Brunson: We're asking for the fees for the use of the amphitheater. The
fees that would be designated for.,.
Mayor Suarez: The only waivers that we grant in that situation, unless the
City's sponsoring the project, is which the City doesn't have any money to do
at this point, is the waiver of the use or the rental of the amphitheater and,
I think we have a motion on that and do we have a second?
196 June 23, 1988 ":1.
Mr. Jorge Ferhandet: It ahould be understood, Mr. Mayor, that that@ should
hot be ahy waiver for 1hsurahce.
Mr. Plummer: No, he understands that.
Mr. Ferhandez: Oh.
Mr. Dawkihs: beg your pardohl
Mayor Suarez: Should hot be a waiver for thsurahce, they should...
Mr. Dawkins: Oh, to,
Mr. Fernandez: For insurance, insurance provisions for an event of this
magnitude.
Mr. Plummer: Hey, look, look, the thing...
Mr. Dawkins (OFF MIKE): Nobody said waive insurance.
Mayor Suarez: Waiver of the rental fee.
Mr. Plummer: I understand exactly and I understand terminology. My concern
is, this event is two days from now, OK? He's probably going to get hit with
a bill somewhere in the neighborhood of $5,000 to $8,000 for police, fire and
sanitation. I don't want him walking away from here...
Mayor Suarez: Why would it be any figure near that? How many people
expected?
Mr. Rodney Thaxton: My name is Rodney Thaxton, I live at 1400 N.W. loth
Avenue, here on behalf of Coalition to Free South Africa. We don't anticipate
there being any cleanup costs because we don't anticipate very much trash...
Mayor Suarez: And we have a way of dealing with that which is that you post a
bond and you do your own cleanup and if you, you know, don't clean it up, then
you have to pay the City but otherwise, you know, we allow you to do that.
Mr. Thaxton: We've already talked with the police also about this matter ;
because there is a march from the county building to the amphitheater that
morning and they..
Mr. Plummer: What are they going to require in the number of security...
Mr. Thaxton: They...
Mr. Plummer: ... for that facility? That's off duty men, that is not on
duty.
Mr. Thaxton: They have not informed us of any cost for that.
Mrs. Kennedy: How many people are you expecting?
Mr. Thaxton: In the neighborhood of 500-700 people.
Mayor Suarez: That's an interesting one because what you've got, you've
secured a permit for the march also.
Mr. Thaxton: We've secured a permit for the march also.
Mayor Suarez: And so, in effect, the police is going to have to be providing
security for that anyhow.
Mr. Thaxton: Right.
Mayor Suarez: See, that's a combination...
Mr. Plummer: OK, just as long as you understand that you better understand
tomorrow morning that there's going to be other costs involved and I don't
want you to be embarrassed to come back and say, we didn't tell you that,
Mr. Thaxton; Now, what other costs are you suggesting?
197 June 23, 1988
Mayor Suarez: eleahup...
Mr. Plummer: Police, fire and sanitation, insurance and any cost involved
with sound Systems, lights...
Mr. Thaxtoh: We're providing our awn sound system.
Mr. Plummer: Can they do that! I think there's...
Mrs. Kennedy: Yes, they can.
Mr. Plummer: They can provide without union! OK, look...
Mayor Suarez: Yes, please don't even introduce the topic of union here.
Mr. Plummer: I'm not going to get involved in that, all right? I'm just
saying you better come and knock on somebody's door tomorrow morning and
understand what your cost factors are beyond that rental fee.
Mayor Suarez: We're going to unionized amphitheater now, all we need.
Mr. Plummer: That's all I'm saying, please. I don't want you to be
misunderstood.
Mayor Suarez: The main item could be - I can't imagine fire would be any
sizeable amount of money. How long is it going to be?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Right. That wouldn't be substantial. The main item could be
cleanup or police, but you've got a permit for the march and I guess those
police can certainly stay around. We'll work with you on it to keep it to a
minimum amount. But on cleanup and insurance, you're going to have to provide
that.
Mrs. Kennedy: Let me just express something. First of all, coming from a
communist country, I completely support the anti-apartheid movement. However,
the intent of the amphitheater was to help the community based organizations.
The more political rallies we do, the less days we're going to have for these
community based groups and that's where I have the problem.
Mr. Brunson (OFF MIKE): This is a celebration for a date has been designated
by the United States Congress for Nelson Mandela. The 26th is on a Sunday, we
don't want to have the event on a Sunday. We want to have the event on a
Saturday which is, the 25th. So we're requesting the proclamation from the
City and that they designate June 26th, just a spin-off from what is already
happened, by the Congress of the United States. We're just trying to localize
it that June 26th be Nelson Mandela Day. And we also request that you pass a
resolution urging the people of Miami to attend the memorial parade in
celebration.
Mr. Thaxton: And we look at ourselves as a community based organization and
all the members of the groups that are listed as sponsors of this are members
of this community and they do participate in this...
Mayor Suarez: To cut your argument short, frankly, I don't think we have
anything planned for - this is like, what, three days from now, right?
Mr. Thaxton (OFF MIKE): Right.
Mr. Plummer: Two.
Mayor Suarez: We have nothing planned for that day that I'm aware of so I
don't know that that's going to cost the City anything, Commissioner, I mean,
in the future, typically we do want to reserve it for festivals and musical
activities, entertainment and all of that. But you've managed to give it a
celebration motif and have the appropriate non profit entity running it. I
can't see what the problem would be. Do we have a motion? Do we have a
second?
Mr. Plummer (OFF MIKE): Second.
198 June 23, 1988
0
U
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Piutttier: Understood that is the waiver of the reht,
Mayor Suaret: Waiver of the rental.
Mr. Dawkins (OFF MIKE): Waiver of the rent only.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-581
A RESOLUTION GRANTING A WAIVER OF RENTAL FEE TO THE
BAYFRONT PARK AMPHITHEATER IN CONNECTION WITH NELSON
MANDELA DAY TO BE CONDUCTED BY THE COALITION FOR A FREE
SOUTH AFRICA ON JUNE 25, 1988; FURTHER DECLARING THAT SAID
EVENT SHALL BE COUNTED AS ONE OF THE THIRTY DAYS RESERVED
FOR USE BY THE CITY PURSUANT TO ORDINANCE NO. 10348;
CONDITIONED UPON THE REQUIREMENT THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY AND UPON
ORGANIZERS PAYING FOR ALL NECESSARY COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT.
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
ABSENT: None.
51. GRANT REQUEST BY REPRESENTATIVES OF HOPE PRE-SCHOOL AND DIRECT
ADMINISTRATION TO INSTRUCT PUBLIC WORKS DEPT. TO REPAIR THE STREET IN
FRONT OF THE FACILITY IN TIME FOR ITS OPENING.
Mayor Suarez: Item 31.
UNIDENTIFIED SPEAKER (OFF MIKE): Thank you.
Mr. Ringo Caayard: Mr. Mayor, ladies and gentlemen of the Commission, my name
is Ringo Caayard.
Mr. Dawkins: Mr. Mayor, the City of Miami broke these streets up and I think
it's the City of Miami's responsibility to fix these streets. Will somebody
in the administration tell me why we tore the streets up out there and we
don't repair them? I mean, these people have put almost $200,000 of their own
money in this place. They've repaired the sidewalks we cross because we said
so, now we come along and break up the streets and now we tell them to go find
more money and fix the streets.
Mrs. Kennedy: Yes, the issue here is that the sidewalks in front of the
school are all torn and...
Mr. Dawkins: No, they fixed the sidewalk, they made them fix the sidewalks.
Mr. Caayard: No, we spent the money. We went ahead and spent the money for
the sidewalk because we know the City don't have that much cash so we did it
anyway, But the street need to be fixed now so we think, after spending
over..,
Mr. Plummer: How much?
199 June 23, 1988
•
Mr. Caayard: ate spend over W b,bbb in that building.
Mr. Plummet: No, no, hbi for the aidewalks.
Mr, Caayard: bh, we already paid for the sidewalks.
Mayor Suarez: For the street its front of the sidewalk.
Mr. Plummer: Now touch?
Mr. Caayard: Well, I don't have the exact figure because that was done by a
company and they sent us the bill but...
Mr. Plummer: But aren't you asking us to waive the fee on the sidewalks?
Mr. Caayard: No, no, no, no. We just need now to fix the streets because
we're going to go ahead and pay for the sidewalks,
Mayor Suarez (OFF MIKE): Which is our obligation to do it at some...
Mrs. Kennedy: It is the City's...
Mr. Dawkins: No, no, they fixed the sidewalk, J.L. They went ahead and took
their money and fixed the sidewalk. But the City in its, I don't know how,
broke up the streets in front of the place.
Mr. Plummer: And the City's requiring that they repair it?
Mr. Dawkins: That they - yes.
Mr. Caayard: That's right because they won't give us the CO to open.
Mrs. Kennedy: Now much money are we talking about?
Mr. Caayard: I really don't know. It's not that much, it's just a piece of
the streets.but this...
Mr. Plummer: Is this non profit?
Mr. Caayard: Of, of course, yes.
Mr. Dawkins (OFF MIKE): I don't know.
Mrs. Kennedy: I move that we fix the streets. It's the City's
responsibility.
Mr. Dawkins: You mean to tell me somebody spent $270,000 of their own money
and talking about and to be non profit.
Mr. Caayard: It is non profit.
Mr. Dawkins: Now, they don't need nothing fixed.
Mayor Suarez: We have a motion to fix the street in front of this facility.
Do you have any idea how much it's going to cost? I mean, we're going to have
a liability problem if we don't fix it anyhow sooner or later.
Mr. Jim Kay: No, sir, I don't have those costs with me.
Mr. Caayard: Because we are scheduled to open...
Mr. Dawkins: Well did we break the street?
Mr. Kay: I'm not aware of the street - I think that this is a new building
that's going in up there, right?
Mr, Dawkins: No, no,,,
Mr, Caayard; It used to be an old fire station which we remodeled to put a
day care center,
Mr. Kay; Oh, you remodeled the building?
200 June 23, 1988
0
Mr, Caayard: Iles,
Mr, Kay: And part of the re4uir6fbbhts are to eonatrutt h6to sidewalk or broken
sidewalk where it exist§.
Mr. Caayards Oh, we already took care of the aidewalk.
Mr. Dawkins: They fixed the sidewalk.
Mayor Suarez: They did that. The street adjoining it.
Mr. Dawkins: But they didn't break the streets.
Mayor Suarez: The street adjoining it is the problem.
Mr. Dawkins: They fixed the sidewalk, OX?
Mayor Suarez: The reason you're puzzled is that a lot times this kind of
thing doesn't even have to come to the Commission. I mean if you just alert
them to the fact that there's problems with the street that a lot of tithes,
they just go out there and fix it and we do have budget for that.
Mr. Caayard: I know.
Mayor Suarez: Of course, we have no idea how much it costs in this case
because I can't tell how extensive is the damage or the repair work that needs
to be done.
Mr. Caayard: It's minor, it's just the fact that to have the CO, you have to
get the street fixed. Because if somebody trip over so somebody has to be
responsible and they won't give us the CO.
Mayor Suarez: Would you look to see if the City can fix that in it's ordinary
course of fixing streets. I mean...
Mr. Kay: I'll look into this.
Mr. Rodriguez: Let us look into that and if we have a problem, we'll come
back to you on July 14th...
Mr. Caayard: But, you see...
Mr. Rodriguez: OK, as compared to discuss it now.
Mayor Suarez: And if it's a major expense, you'll come back.
Mr. Caayard: Mr. Mayor, the problem that we have, we are opening on the first
of July.
Mayor Suarez: Well, we're giving them instructions to go out and try to solve
it. I mean, if it turns out to be a huge expense, we can't act on it today
anyhow, Ringo. Because we don't know it.
Mr. Caayard: I know - but, OK...
Mayor Suarez: But we're assuming that it's a minor thing and they'll take
care of it.
Mr. Caayard: Oh, it's a minor thing. Is there any way we could put a cap,
let's say, so much, just in order for us to.,.
Mayor Suarez: Well, within the Manager's authority would be one way but, I
mean, I don't even want to tie it to that if it's...
Mrs. Kennedy; Don't even tie it to that.
Mayor Suarez; If the street has to be f ixed, ' it has to be f ixed sooner or
later.
Mr. Caayard; I see,
201 June 23, 1988
Mrs. k6 hhedy: And another issue is, how long is it going to take?
Ht.. Caayard: 21; there anyway we could have the CO it least that you Could
instruct the toning departtneht or public work to at least give us the CO since
the fix is going to be...
Mayor Suarez: We have absolutely let me just check something. We have
absolutely no idea, at this point, staff is not able to give us any idea
what...
Mr. Rodriguez: I don't know exactly what it is and I they are talking about
July lst which is next week.
Mayor Suarez: Right.
Mr. Caayard: What's right.
Mr. Rodriguez: Without knowing exactly what they are talking about, I don't
think that you should make a commitment. Let us look into that and if we can
do it, we'll do it. If we cannot do it...
Mr. Dawkins: Well, we'll get somebody out there tomorrow, if it can be done,
we'll do it, if not, you'll have to come back.
Mr. Rodriguez: And we'll look at that and, you know, try to do it if we can.
Mayor Suarez: The best we can do is to use our best efforts and within
reasonable budgetary constraints to try to fix it before July 1st. OK.
Mr. Dawkins: Wait a minute. He says the CO was denied because of the
streets, OK? Now is that a true fact?
Mr. Kay: The CO would have been denied because of the streets because they
were required to repair the streets.
Mr. Dawkins: How could - they were repaired... no, wait a minute. But if
they didn't break the street, why in the hell they got to fix it? I mean, you
know, I've been here and I've been arguing about this, OK? I understand that
we don't have any money and I understand that if you do X number of dollars...
Mr. Kay: $25,000 or 625 square feet.
Mr. Dawkins: Yes, you've got to fix the sidewalk and you got to fix the
streets. Now, but, if the streets are not broken, I mean, and only the side
and you bring the sidewalk out to the curbing, you know, what else is there to
do? Now, if the City of Miami comes along with a crane or whatever we do and
break the streets, I don't see why the individual should be held responsible
for our dropping a crane and I'm using that as an example, sir...
Mr. Kay: Oh, I would agree with you on that but I don't...
Mr. Dawkins: ... see, and we drop a crane and break the street, I don't think
they should have to fix it.
Mr. Kay: I'll have to look into the matter because I don't know if that was
the case.
Mrs. Kennedy: Besides, the CO really has nothing to do with it because it's
the City's - the City's the owner. It's our responsibility.
Mr. Kay: That's correct.
Mayor Suarez (OFF MIKE): Typically the developer does fix the street in front
of the property when the sidewalk is in.
Mr. Dawkins: OK, all right, we'll just look at it - just look at it and bring
it back.
Mrs. Kennedy (OFF MIKE): But this is owned by the City.
Mayor Suarez: Yes, with that tenor, I think the motion can be voted on that
within reasonable constraints and whatever it was that I said before...
202 June 23, 1988
Mr. Casyatd: I could propose something, you know, in order to help you out
which I know the ah6uht of money that they're going to spend is hot going to
be maybe, I don't know, a few thousand dollars, but we could put a cap...
Mayor Suarez: is it within the ordinary course of repaiting out streets...
Mr. Plummer: Well, I tell you what, we'll approve up to $2,000, you pay the
rest.
Mr. Caayard: No, thank you. I meah, let's say, if it's.,.
Mr. Plummer: Well, you said you can't...
Mr. Caayard: OK, let's say if it's above seven thousand, then we'll pay the
rest because I know it's not going to reach that. It's just that I'm trying
to speed up the process, not to be delayed for the opening.
Mr. Dawkins (OFF MIKE): You can't speed up the process, they still got to go
out and look at it...
Mayor Suarez (OFF MIKE): What do you mean page? Page what?
Mr. Dawkins (OFF MIKE): And if...
UNIDENTIFIED SPEAKER (OFF MIKE): Twenty-six.
Mr. Dawkins: And if it's...
Mr. Rodriguez: The only thing I can tell you is until we know what it is,
we're not going to recommend that we do it and if you want to put a limit on
what you want to afford.
Mr. Dawkins: And if it's a real large job, it's got to go out for bid, right?
Mrs. Kennedy (OFF MIKE): Do you have any idea of how much it's going to cost?
Any ball park figures?
Mr. Rodriguez: Yes. Apparently, he's not getting a CO because he hasn't done
the improvement of the street in front of his property which he's obliged to
do and that's why he - from he's saying he's not getting. Without knowing
what he's talking about, I cannot recommend it to you. The best I think that
we can do is is do a best faith effort to try to solve it by July 1st...
Mayor Suarez: That's the way the motion was phrased.
Mrs. Kennedy (OFF MIKE): That's what we would like to hear.
Mr. Rodriguez: That's what I'm trying to tell you.
Mr. Plummer: Yes, has this school opened up at all?
Mr. Caayard: They're waiting on that to open on the lat. of July.
Mr. Plummer: They've not used this facility previous to this?
Mr. Dawkins: No.
Mr. Caayard: No. They've just been doing the remodeling in the whole school.
Mayor Suarez: This is the opening.
Mr. Caayard: And the grand opening is on the first.
Mayor Suarez: Shouldn't have scheduled the grand opening until we had gotten
everything in order.
Mr. Caayard; I mean, we never...
Mayor Suarez; But this is the best we can do, -Ringo, is to approve a motion -
unless you want to put...
June 23, 1988
Mr. P1ufifttt Anything above $5,bbb you pay, gee, the teasoh, being hoiieat
With you...
Mr. Caayard: OR, All tight.
Mt. Plummer: OR, you guys got this thing for a aong, $460 a year.
Mr. Caayard: yes.
Mr. Plummer: I bean, that, you know, was a waste of paper work, so „ .
Mayor Suarez: I'll entertain it in the forty of a motion.
Mrs. Kennedy: OR, I accept that amendment with a cap of $5,000.
Mayor Suarez: Do we have a second?
Mr. Plummer- Ve'll cover up to $5,000.
Mayor Suarez: That's in the form of a second? Call the roll.
Mr. Plummer: fine.
Mr. Caayard: That's reasonable.
Mr. Plummer: It's three above what you estimated.
Mr. Caayard: Oh, yes.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-588
A MOTION GRANTING REQUEST FROM REPRESENTATIVES OF HOPE
PRE-SCHOOL FOR ASSISTANCE IN CONNECTION WITH REPAIRS
TO THE STREET IN FRONT OF THEIR FACILITY; FURTHER
DIRECTING THE ADMINISTRATION TO INSTRUCT THE PUBLIC
WORKS DEPARTMENT TO REPAIR SAID STREET, PLACING A CAP
OF $5,000 IN COST TO THE CITY, ANYTHING OVER SAID
AMOUNT TO BE BORNE BY APPLICANT; FURTHER STIPULATING
THE CITY SHALL TRY TO GET THE STREET REPAIRED IN TIME
FOR THE OFFICIAL OPENING OF THE FACILITY, PRESENTLY
SCHEDULED FOR JULY 1ST.
Upon being seconded by Commissioner Dawkins, 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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Caayard: Thank you.
204 June 23, 1988
1`
52. DENY APPEAL BY STANLEY AND $LANCHE LEAR, ET AL, OF 2ON114G BOARD'S DENIAL
OF VARIANCE TO ALLOW OPERATION OF A RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FACILITY AT APPROXIMATELY 522=528-534 N.E. 78TH STREET.
`sir rr.i rri rrY�r.r rr�rrr-rrr-r-.-arrirr-rr�r.�--r--Gr-w..�r.r r�.rr-�r-�-�-rYi.r���r L�r--G
Mayor Suarez: As long as were doing these, might as well finish up with 32.
Do we have the representatives here of Haitian Carniva17 We don't. Back to
Pz,..
Mr. Plummer: What happened to thirty7 It was continued?
Mayor Suarez: Yes, he wasn't able to stay around. It's the second time that
he waited pretty touch the entire agenda. Item P2-35, I guess it is.
Mr. Guillermo Olmedillo: Thirty-five and 36 are companion items again. This
is similar to the other application by which a special exception was denied by
the zoning board and the variance was also denied by the zoning board. In
this case, there are two facilities within 1825 feet. This is an existing
three portion building and it's to house 32 clients. The planning department
recommended denial and the zoning board voted on a denial by an 8-1 vote.
Mr. Plummer: Is the applicant here? Is the applicant here on item 35 and 367
Mr. Olmedillo: The applicant, Stanley and Blanche Lear, were the
representatives.
Mr. Plummer: Is the applicant here on 35 and 367
Mr. Olmedillo: I guess not, sir.
Mr. Dawkins: Thirty-five?
Mr. Plummer: And they are the applicant is on the appeal.
Mr. Olmedillo: The applicants are appealing because the zoning board denied
the variance and the...
Mr. Plummer: But they are the ones who asked for the appeal.
Mr. Olmedillo: Yes, sir.
Mr. Plummer: I move to uphold the zoning board on PZ-35.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance.
Mr. Plummer: No, there's none, it's a resolution.
Mayor Suarez: Call the roll.
205 June 23, 1988
The following tesolution was introduced by Commissioner Fluh net, who
moved its Adoption:
RESOLUTION NO. 88-589
A RESOLUTION AFFIRMING THE DENIAL OF A VARIANCE FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, ARTICLE 20, SECTION
2034, SUBSECTION 2034.2.2.1, TO ALLOW THE OPERATION OF
A RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY
(ECONOMIC OPPORTUNITY FAMILY HEALTH CENTER), WHICH IS
A TYPE OF COMMUNITY BASED RESIDENTIAL FACILITY (CBRF)
FOR PROPERTY LOCATED AT 522-528-534 NORTHEAST 78TH
STREET, MIAMI, FLORIDA, (MORE PARTICULARLY DESCRIBED
HEREIN) WHICH IS LOCATED 643' FROM THE EXISTING CBRF
FACILITY LOCATED AT 8000 BISCAYNE BOULEVARD AND 1,719'
FROM THE EXISTING CBRF FACILITY LOCATED AT 7521
NORTHEAST 3RD AVENUE (1,825' MINIMUM DISTANCE BETWEEN
FACILITIES REQUIRED); ZONED RO-3/6 RESIDENTIAL OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
53. DENY APPEAL BY STANLEY AND BLANCHE LEAR, ET AL, OF ZONING BOARD'S DENIAL
OF SPECIAL EXCEPTION TO ALLOW OPERATION OF A RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FACILITY AT APPROXIMATELY 522-528-534 N.E. 78TH STREET.
------------------------------------------------------------------------------
Mr. Plummer: I move to uphold the department and the board on 36.
Mr. Dawkins: Second.
Mrs. Kennedy: Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-590
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING
BOARD AND THEREBY DENYING THE APPEAL OF THE SPECIAL
EXCEPTION AS LISTED IN ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 2 AND 3 OF
6, PRINCIPAL USES AND STRUCTURES, RO-3 RESIDENTIAL, TO
ALLOW THE OPERATION OF A RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FACILITY (ECONOMIC OPPORTUNITY FAMILY HEALTH
CENTER) WHICH IS A TYPE OF COMMUNITY BASED RESIDENTIAL
FACILITY (CBRF) FOR PROPERTY LOCATED AT 522-528-534
NORTHEAST 78TH STREET, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN), AS PER PLANS ON FILE;
ZONED RO-3/6 RESIDENTIAL OFFICE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
206 June 23, 1988
tJpoh being secohded by Comhissioher Dawkins, the resolutioh was Passed
and adopted by the following Vote:
AYES: Commissioner Victor be Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
----------------------------- ----------=---------------------- --_-______-
S4. APPROVE MODIFICATION OF COVENANT AT APPROXIMATELY 2951-2999 S.W. 22ND
TERRACE (CHALLENGER INVESTMENTS, INC. AND JORGE RODRIGUEZ) = ALLOW
OWNERS TO POSTPONE CONSTRUCTION OF MASONRY WALL.
------------------------------------------------------------------------------
Mr. Guillermo Olmedillo: PZ-37 is a modification of a covenant which was
proffered about four months ago when Challenger had received a zoning change.
This is located on S.W. 22nd Terrace between 27th Avenue and 29th Avenues.
You may remember that the neighbors were here, the wall was construed as
something to prevent during the construction process, the trucks to drive on
22nd Terrace and create some nuisance to the neighbors. Also, the wall was to
be put up in 90-days, the 90-days period has expired. The wall was also to be
a good faith effort on the part of the developer and owner in front of the
neighbors. The planning department is recommending that the modification in
the covenant be denied.
Mr. Plummer: If we deny the covenant, what happens?
Mr. Olmedillo: The limitation is in effect that they are supposed to build a
wall. Right now, they are non complying because the 90-days expired.
Mr. Plummer: OK, but if we don't modify it...
Mr. Olmedillo: They would have to put up the wall and the landscaping as it
was provided.
Mr. Plummer: Well, but if they didn't put up the wall at the prescribed days,
they lose their zoning.
Mr. Olmedillo: Well, the zoning was not construed on the wall, it was not...
Mr. Plummer: On the covenant.
Mr. Olmedillo: The covenant was - however, the covenant and - please...
Miriam Maer, Esq.: I believe the covenant that was proffered said that he
would receive a building permit after approval of the landscaping plans and
the plans for the wall, I think 90-days after the change of zoning was
approved.
Mr. Plummer: Has he got those within 90 days?
Ms. Maer: I don't know.
Al Cardenas, Esq.: Yes, may I...
Mr. Olmedillo: The permit, he...
Mr. Plummer: So then he's violated the covenant.
Mr. Cardenas: May I?
Mr. Olmedillo: It is our understanding that they went over the 90 days, the
90 days expired. They will be non complying with the limitations of the
covenant.
207 June 23, 1988
Mr. Plummer: but, it they violate the covenant, don't they lose their
application, their toning?
Mr. Olmedillo: Please, Miriam.
Ms. Maer: I'm sorry, what was...
Mr. Plummer: If they - they voluntarily give a covenant.,.
Ms. Maer: I understand.
Mr. Plummer: ... and they, themselves, do not comply with the voluntary
covenant, don't they lose their zoning?
Ms. Maer: In fact, the situation would be that they have violated - if that's
the case, if they haven't pulled the permit, they have violated the terms of
the covenant, it becomes an enforcement action for our building and zoning
department to follow up on. Remember, the change of zoning is not a change of
zoning subject to a proffered covenant.
Mr. Plummer: So what...
Mr. Olmedillo: They would have to be brought before code enforcement.
Mr. Sergio Rodriguez: ... violation.
Mr. Olmedillo: Code enforcement.
Mr. Plummer: What is this property? I don't remember which this is.
Mr. Rodriguez: Radio Mambi
Mr. Plummer: Huh?
Mr. Olmedillo: Radio Manbi on 22nd Terrace, S.W. 22nd Terrace.
Mr. Plummer: Oh, where E1 Chipi was?
Mr. Olmedillo: Yes, sir, right next to it.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Huh?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Olmedillo: Close to it.
Mr. Rodriguez: Adjacent to it.
Mr. Olmedillo: It's close to it. The old Boy Scout property years ago.
Mr. Cardenas: Excuse me. For the record my name is Al Cardenas...
Mr. Plummer: Thirty-seven.
Mr. Cardenas: ... I'm here on behalf of the applicant. This is a lot simpler
than it's been made to appear on its face. It's really not a violation type
of matter and if I could spend a minute telling you what it is, I think it all
fall into place. I'm here on behalf of Challenger Investments who is the
owner of the property located at approximately 2951-2999 S.W. 22nd Terrace.
If you will remember, we had a zoning hearing relative to the change of zoning
of lots 26 through 29 which was granted. There were two neighbors here at
those hearings, at both the first and second reading who proposed a number of
suggestions. Those number of suggestions were further augmented by
suggestions from the Commission including a suggestion by Commissioner Plummer
himself on second reading that this wall be built within 90 days from the time
of the resolution, which was accepted at that time, at time of hearing we, of
course, voluntarily proffered a covenant following that suggestion and
subsequent to that, Commissioner Plummer, and I'll show you the line of
demarcation now, because I think you'll see there's a happy ending to a story
as long as you're willing to go along with it. And let me show you the
location map if I may.
208 June 23, 1988
Ms. Maer: Could you speak into the mike, Al. Just turn the mike around here.
Mr. Cardenas: The problem was this. Once we left the hearing and once we
proffered the covenant, we instructed, of course, the architect to draw the
plans in order to pull the permit and build a wall. When he did that, we
found out that this wall will go right through the middle of an existing
structure, right through the living room as a matter of fact, if we construct
a wall at this time. That did not seem like a plausible thing to do before
construction was commenced and, therefore, we went to the two neighbors who
had been here before and who expressed their concerns to you and most of the
things that are proffered in those covenants were the result of those
concerns. And we have made a number of additional, not including those
covenants, concessions to those neighbors. Those neighbors were here this
evening until about a half hour ago to express to you their support of what it
Is we're requesting. Notwithstanding that, you'll see letters from the
neighbors, Commissioner Plummer, on the record, saying that they've agreed
with what we've proposed because not only have we lived up to everything
except the building of this wall through the house, that's set forth in the
covenants, but we've made additional concessions to the neighbors, not only in
our own property but also in some general properties and public areas and in
their very own properties. The long and short of it is that the neighborhood
is pleased, they're better off now than they were when we were here at the
last meeting. Their letters reflect that, they were here to tell you they
were fully in support of this and we're not requesting that we not build a
wall, we're not requesting that we don't do any of the things that were said
that were going to be done. They'll all, in fact, be done. All we're saying
is that instead of building that wall within 90 days, you let us build it at
the time that we pull the building permit so that you don't have to build a
wall right through the living room of a home and, basically, that is the
rationale for their request. The neighbors thought it made a lot of sense.
We've made some further concessions to the neighbors that have already been
implemented. It's beautified the area and everyone's happy and all that we
really needed to do was to see to it that you agreed with us and the
neighborhood that it was a happy solution to the problem.
Mrs.
Kennedy: Are there any objectors to this petition?
Mr.
Plummer: The covenant. According to the covenant, you can't change
anything in here for 30 years.
Mr.
Cardenas: Unless it's modified by agreement...
Mr.
Plummer: No, that's on the additional 10 year periods.
Mr.
Cardenas: No, I don't think...
Mr.
Plummer: I'm looking at J.
INAUDIBLE COMMENTS BY MS. MAER OFF MIKE.
Ms.
Maer: ... as long as the amendment is made with the approval of the
City
Commission. That's in i, amendment and modification of this instrument.
It's
effectiveness
is for 30 years.
Mr.
Plummer: Well, how long before they're going to start doing it?
Mr.
Cardenas: They have to by January of '89, Commissioner. We're
only
talking about five months.
Mr.
Plummer: But when are they going to put up the wall?
Mr.
Cardenas: As soon as they pull the building permit. According to
your
document, they have to pull the building permit by January of 1989.
Mr.
Plummer: Yes, but what's going to happen with that area in there?
Right
now,
it's not pleasant to look at.
Mr.
Cardenas: It's a lot better than it was when we were here last time.
Mr.
Plummer: That is the best of a sorry lot. Now, are they going to put
some
landscaping? They went in and tore all those buildings down on
Coral
Way.
209 June 23, 1988
Mr. Cardehas: They''tb going to do everything and they've done everything
except build the wall through the living room of the exi§ting home.
Mr. Plummer: Yes, but you see, they're not going to do cohstruction for
another five months.
Mr. Cardenas: Yes,
Mr, Plummer: And vheh you drive alohg Coral stay, it looks like hell.
Mr. Cardenas: On Coral tray.
Mr. Plummer- Yes:
Mr. Cardenas: But that is not their property. Let me...
Mr. Plummer: Front part.
Mr. Cardenas: That's not their property that you're referring to. I know
exactly the lots you're talking about. They're not our client's property.
Mr. Plummer: You're talking about just the back four lots.
Mr. Cardenas: Yes, sir.
Mr. Plummer: Yes, behind... yes.
Mrs. Kennedy: Behind El Chipi.
Mr. Plummer: OK.
Mr. Cardenas: I know the lots you're referring to. Believe me, this has been
a... you know, we went to the neighbors before coming to you. The neighbors
have sent you written letters, we've made additional concessions to them.
Mr. Plummer (OFF MIKE): Yes, they're in the record.
Mr. Cardenas: They were here to tell you they approved of everything we've
done and find it reasonable and we just thought it was the best solution for
all.
Mayor Suarez: The old half moon building. Half moon shaped building. I
remember this one.
Mr. Cardenas: Let me - and also, in addition to everything that we've
proffered, there was an additional sum of in excess of $4,000 spent to
landscape the parking lots which was a commitment made to the neighbors after
all those commitments were made and it was a major reason why the neighbors
saw the good faith on our part and agreed that that $4,000 of landscaping of
the parking lot was a lot better than that wall which was not necessary at
that time.
Mrs. Kennedy: Well, you're just asking to postpone construction of the wall.
The neighbors are all in accord...
Mr. Cardenas: Yes.
Mrs. Kennedy: ... so it - I have no problems. I move this item.
Mr. De Yurre: I second.
Mayor Suarez: So moved and seconded. Any discussion?
Mr. Plummer: Understood on the motion is that if you don't pull it by the
first of January, you're out the door.
Mr. Cardenas; Dead duck,
Mayor Suarez: Call the roll.
210 June 23, 1988
The fbllbwing resolution Was introduced by Commissibhef kehhedyi Who
tboved its edbptibh:
RESOLUTION NO. 68-501
A RESOLUTION APPROVING A MODIFICATION OF THE DECLARATION
OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND
(HEREINAFTER "COVENANT") DATED MARCH 2, 1988 FOR THE .
PROPERTY OWNED BY CHALLENGER INVESTMENTS, INC. AND JORGE
RODRIGUEZ AND LOCATED AT APPROXIMATELY 2951-2999 SOUTHWEST
22ND TERRACE, (MORE PARTICULARLY DESCRIBED HEREIN) TO
DELETE THE REQUIREMENT THAT THE ABOVE -DESCRIBED MASONRY
WALL BE COMPLETED WITHIN NINETY ( 90 ) DAYS OF THE DATE OF
FINAL ZONING APPROVAL IN ORDER TO ALLOW THE PROPERTY
OWNERS TO POSTPONE CONSTRUCTION OF THE WALL ON THE SOUTH
PROPERTY LINE OF THE PROPERTY UNTIL COMMENCEMENT OF
CONSTRUCTION OF A NEW OFFICE BUILDING, SUBJECT TO RECEIPT
BY CITY OF AN EXECUTED RECORDABLE MODIFICATION OF COVENANT
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Mayor Xavier L. Suarez
ABSENT: None.
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: Please record my negative vote on this to be consistent with
having opposed this in the first instance the half moon building.
------------------------------------------------------------------------------
55. DISCUSSION AND TEMPORARY DEFERRAL OF PROPOSED MODIFICATION OF COVENANT
TO PERMIT MAXIMUM HEIGHT FOR BUILDINGS AT APPROXIMATELY 2100 BRICKELL
AVENUE (ALFREDO MUNOZ AND ALF-LOREN INVESTMENTS) SEE LABELS 59 AND 61).
------------------------------------------------------------------------------
Mr. Olmedillo: PZ-39 is another covenant which is requested to be modified.
This is a height restriction which was self imposed by the applicant for a
zoning change about a year ago. This is located on the 2100 block of Brickell
Avenue and at the time, the owner was happy with the 40 feet. Now he wants 48
feet in height.
Mr. Plummer: I understand, though, that you're willing to go to 45.
Mr. Olmedillo: That is correct, sir. We have set a precedent with another
building in the same area which is 45 feet in height.
Mr. Plummer: So what is your defense of an additional three feet?
Mr. Olmedillo: We have to be consistent in the area.
Mr. Plummer: You're not consistent because you're at 40 feet and you
recommended 45.
Mr. Rodriguez: Because there's another building already that you approved for
45 feet in the area.
Mr. De Yurre: Where is the other one, the other building?
211 June 23, 1988
Mr. Olmedillo: North of this, owned by Meet: Companies. A recently built
building between 15th end lyth.
Mr. be Yurre: How many blocks are they away fror�n this property?
Mr. Olmedillo: About three blocks away from this one.
Mr. be Yurre: Three blocks away.
Mr. Rodriguez (OFF MIKE): Less.
Mr. Olmedillo (OFF AND ON MIKE)-. No, this is the 2100 block, Oreen's is
between 15th and 17th though. It's got to be four blocks, the most.
Mr. Dawkins: And the only reason that you'd said that cannot be 48 feet is
you want to be consistent? Is that right?
Mr. Olmedillo: That is correct, sir.
Mr. Dawkins: All right, well I'm going to be unconsistent, I move it.
Mayor Suarez: Moved.
Mr. De Yurre: I'll second.
Mayor Suarez: Second. Is there anyone that wishes to be heard against this
item?
Mr. Troy Register: My name's Troy Register. I'm president of the 2000
condominium association what is located just to the north, adjoins this
property to the north...
Mr. Plummer: Change that map, please. We're about to move his condo.
Mr. Register: The height of our complex is 34 feet. The property just to the
south of 2100 that's under discussion here, is also 34 feet. This issue came
up by the current owner in 1987 and he wanted to, at that time, to be able to
build to the moon as I understand 5/7. And a compromise was reached which was
approved by the zoning board, as I understand it, of 40 feet which is - now
he's not interested in 40 feet any more, he wants to move it up to 48 feet
which would be exactly 14 feet higher than our building and also 14 feet
higher than the building on the other side of the property. So, the way we
assess the situation is that they want to put another floor on the building
next to us if they can ever sell a builder on the thing. The owner of the
property, I don't think has any intention of developing it. He wants to sell
it at a higher price and the more that he can get, as far as property,
building on that, then the more his price goes up. So, he puts in some words
here that I'm going to read," in order to allow for more compatible
architectural solution," I don't know what that means. The thing that's
meaningful to us is...
Mayor Suarez: What is that in reference to that he just made?
Mr. Plummer: The height.
Mayor Suarez: The height?
Mr. Rodriguez: It's on the letter that he has addressed to...
Mayor Suarez: Compatible architectural - what was the quote you just gave?
Mr. Rodriguez: He said, in order to allow for a more compatible architectural
solution, that he's asking for a permit to increase the height to 48 feet.
Mayor Suarez: I would have to agree. I don't know what that means. You
know, more compatible architectural solution, I mean, it's just a plain and
simple increase in height. In don't...
Mr. Plummer: Let me ask one question.
Mr. Register: Yes, sir.
Mr. Plummer: Why is it that the department feels strongly, I guess,
212 June 23, 1988
about this setbatk on the nbfthwestefly property line, the 40 feet,
Mr. Olmedillo: Remember this is backing up into South Miami Avenue, which is
a single family residential district. One of the things that vie wanted to
create was a buffer between these buildings, which are higher and that's the
nature of that residential, low, very low density type of building.
Mr. Plummer: What does the book call for setback now?
Mr. Olmedillo: The usual setback will be ten feet.
Mr. Plummer: What I think I understand is, he is going to set back 30 feet
more than required.
Mr. Olmedillo: Than the basic requirements of the ordinance.
Mr. Plummer: Then what he would be required to do.
Mr. Olmedillo: That is correct, sir.
Mr. Plummer: And in return, he is asking to go up eight feet, or three feet,
in giving up that 30 foot additional setback. That's where the architectural
situation I can see. In other words, if he didn't give the City that setback,
he could extend out and build more there. What he is doing, he is bringing in
his building and pushing it up.
Mr. Olmedillo: Well, remember, this is not a matter of building more or less.
That is set.
Mr. Plummer: I understand that, OK?
Mr. Olmedillo: You are not changing that.
Mr. Plummer: But, obviously, because we agrees to this 40 foot setback, you
feel that it is important, and I am assuming that what you squeeze him in, he
wants to squeeze up, that's pure and simple.
Mr. Rodriguez: And we suggested that we squeeze him in, so he will have a
higher zoning than he had before, that is when he voluntarily proffered that
covenant at that time, to voluntarily move 40 feet so he will have a higher
zoning than he had before and limit himself to forty feet in height.
Mr. Register: Can I make further comment, please? I have a neighbor who is
part of our condominium association here and I would also like to voice an
objection.
Mr. Bruce Cotton: My name is Bruce Cotton and I live just to the north of
this complex with Mr. Register. We have a satellite...
Mayor Suarez: We need, if you don't mind, an address beyond just to the
north, or a business address, if you will.
Mr. Cotton: 2004 Brickell. We have a satellite TV system that includes two
twelve foot dishes located between the buildings that make up our complex.
They require a direct line of site with a row of satellites located over the
equator at an elevation of 26,000 feet. This would be no problems with
buildings under the existing code, but a 48 feet, we could be blocked out. We
have got over $12,000 invested in our system. It is possible that it
wouldn't, but it depends on where the 48 feet are. It would definitely, it
would damage our property.
Mayor Suarez: We have a motion and a second. There is a motion, 48, or 45?
Mr. De Yurre: 48.
Mr, Dawkins: I'll let you come down with whatever...
Mayor Suarez: Do we have a second?
Mr. De Yurre: I'm the second, Rosario moved it.
213 June 23, 1988
Mr. Dawkins: yes, 1 want to second it, but I want some assurance, because I
am going to have to get some kind of a covenant or something, that the
individual whom we are giving this variance to is going to build, because as
this gentlemen said, I mean, I don't want to give a change of variance and
have the individual sell the property, so can I get an assurance from somebody
else?
Mr. Plummer: This is not a variance.
Mr. Dawkins: Nell, whatever, I Paean...
Mr, Plummer: Oh, yes, it is.
Mr. Olmedillo: A sector 5 to begin with, does not have a height limitation.
However, that was part of the covenant, when the zoning change came about,
about a year ago.
Mr. Plummer: Well, if it is a covenant, you can add anything you want.
Mr. Olmedillo: By this action, you will be amending the covenant. It is not
a variance, it is not a zoning change, it is not anything like that.
Mr. De Yurre: Is he in accord with that?
Mr. Osmundo Martinez: For the record, my name is Osmundo Martinez. I
represent Alf -Loren, the owner. The president of that corporation is present
and I just asked him, Commissioner Dawkins, whether or not he intended to
build. He does intend to build, he does have the loan commitment almost
completely worked out and he will develop and not sell, in rebuttal to the
comment made by the gentlemen earlier.
Mr. De Yurre: Well then, he is willing to go along with that, adding that to
the covenant that he will not sell the property.
Mr. Martinez: Well, it is going to be for condominium development.
Mr. De Yurre: Well, I mean like he will develop it. He's not going to sell
the raw land.
Mr. Dawkins: All right, Mr. City Attorney, how do I structure that so if he
doesn't build the... what we are getting ready to grant now is reversed in
order to protect these residents?
Mr. Fernandez: Clearly stating that in the covenant what it is that you
expect to get.
Mr. Dawkins: OK, will he volunteer that covenant?
Mr. Martinez: Would you like him to... he has made assurances to me that he
will build, that he will develop the property.
Mr. Plummer: In how long a period of time?
Mr. Martinez: Between approval of plans development, within the year.
Mayor Suarez: Aren't we working towards an ordinance, or have we already put
it into effect that requires that within a year? I mean, isn't that the
standard that we are seeking to eventually achieve on that uniform universal
basis?
Mr. Plummer: Yes, but what, it doesn't actually reverse what we are trying to
do. It will be up for a rezoning possibility in one year, reverting back.
Mr. Dawkins: The gentlemen wants to say something.
Mayor Suarez: Yes, sir.
Mr. Register: As I understand it, the gentlemen said that his decision was
consistent with the surroundings, that is the 48 feet - 40 feet now, but now
they want to raise it up to 48 feet. That isn't consistent as I stated
earlier. There are no buildings on the west side of Brickell in the vicinity
anywhere close to 40 feet. On the east side of Brickell of course, there are
214 June 23, 1988
a lot of large buildings there, as we all know, but if you approve the
construction of a building 48 feet, that means he is going to have four
stories. He will be looking down on our complex to the north, and you are
looking down on the complex to the south, and these people that have been...
these buildings have been there before 1974. Our complex was constructed and
the building to the south, approximately the same time. We feel that the
value of our property will be substantially reduced by putting a higher
structure up between two compatible pieces of property on each side, so I urge
the council, the Commission, to restrict this to 40 feet, as stated earlier,
as approved earlier. And by the way, this property, the house that existed
there at one time, it was taken down about six years ago, and this property
has been for sale for at least six years. The signs have gone up, they've
come down, they had all kinds of development plans, and nothing has been done,
but they keep coming back, and want more height, and I think it is
inconsistent with this. The problems we already have on Brickell Avenue, we
are having difficulty getting out onto the street, because the traffic is so
heavy and when they pass our location, they are going... these little BMW's
leaving work, they are going about 40, 45 miles an hour, so it is very tough
to get out of there, so we are talking about putting more people in next door
to us, it is going to have the same kind of problems we have, they are just
going to be compounded them.
Mr. Plummer: Does this give it any more density, no more units?
Mr. Olmedillo: The FAR set by the zoning that you granted a year ago, and
that is not in question today, that is not before you.
Mr. Plummer: What is the maximum amount of units he can put in this thing at
the 40 foot?
Mr. Olmedillo: Well, let's go by FAR, that's a .49 FAR, and that is times the
gross lot area, and I don't remember the dimensions for the lot.
Mr. Rodriguez: To answer your question, the possibility of getting more
units is there, because of the height. Your limitation is the FAR, and within
the FAR, you can work as many units as you can within that ratio, depending on
the size of the unit. When you increase the height, you allow more units.
Mr. Plummer: So in other words, what you are saying is that if this is
granted, he can get more units.
Mr. Rodriguez: Probably so.
Mr. Olmedillo: FAR stays the same. Maybe it is resulting in more units, but
the FAR has to stay the same.
Mr. Martinez: Commissioner, if I may, we have done, or the architect has done
a preliminary diagram, as you pointed out earlier. This would be the diagram
in which Brickell Avenue is here to the south, there is a 30 foot setback in
the front. In the back is 180 foot deep lot. There is a 40 foot setback, and
as you well pointed out, by squeezing the building up, in effect, with the
FAR, the compression causes it to go up. The extra feet, in order to have
parking on the first level, and the four floors above for apartments. It
is...
Mr. Plummer: You'll not get four floors above the parking, will you?
Mr. Martinez: Pardon me?
Mr. Plummer: Will he get four floors above parking?
Mr. Dawkins: No, sir - four floors with parking.
Mr. Olmedillo: With 45 or 40?
Mr. Rodriguez: With 40.
Mr. Olmedillo: With forty eighty, he'll get four and parking, probably,
because parking will be like eight feet, and then you have 10 for each one of
the succeeding...
215 June 23, 1988
Mr. $luromer: What does this mean in here, above the 48 feet? = he can put
mechanical equipment, penthouses, elevator and ornamental pediments.
Mr. Olmedillo: Well, that is standard, the ordinance. When you have a height
limitation, there are certain things, which may intrude into that light plehe,
such as elevator, penthouses and maybe air conditioning apparatus up in the
floor, in the roof, but that is only limited to 20 percent of a total area of
the building, and that's normal in any district.
Mr. Martinez: Commissioner, I may also point out that in making the building
a little bit higher and a little bit narrower, it also creates a larger side
setback, it separates the property to the north and to the south from the
property intended to be developed. There is that plus. It certainly allows
for greater green areas, because your footprint is smaller, as opposed to a
squatter, wider building:
Mr. Dawkins: What are the total units you are talking about?
Mr. Martinez: It really depends, Commissioner, on the number of one bedrooms
versus two bedrooms, since it is by floor area.
Mr. Dawkins: OK. No, what are the total units you are talking about when we
grant this? We need to know, because as they said, and as we all keep saying,
we need to know what you are going to do.
Mr. Martinez: The preliminary... they are doing a marketability study at the
moment. It could be between 15 and 20, depending.
Mr. Dawkins: Well you see, that is not what I was told when the gentlemen
came in my office. I was not told 20 units.
Mr. Martinez: Commissioner, I was not present at that meeting. May I ask you
what representations?
Mr. Dawkins: Ask him.
Mr. Martinez: I just asked him, he says 18 to 20 was what he anticipated.
Mr. De Yurre: The thing is that even if he only has the 40 feet, he can still
build the 18 to 20. Is that true or not?
Mr. Martinez: Yes, again it...
Mr. De Yurre: Is that correct, or not?
Mr. Olmedillo: Well, the...
Mr. De Yurre: Is that the same ratio, the same floor area ratio?
Mr. Olmedillo: It is the same FAR today, if you change it or not.
Mr. De Yurre: So he can still build the 18 to 20 whether we approve this or
not.
Mr. Olmedillo: The FAR, by the figures that I hear, 100 by 180, plus
Brickell, which is about 110.
Mr. Rodriguez: No.
Mr. De Yurre: No, answer me the question. Can he... is he going to build the
same, whether he gets this approved or not?
Mr. Olmedillo: The FAR has to be the same, There is a cap on the FAR.
Mr. Rodriguez: The limit will be the height that he has imposed on the whole
thing, and because the height is limiting what he can go up, that will limit
how many units he can get.
Mr. Dawkins: Yes, but if he takes back his 10 foot setback...
Mr. Olmedillo: He cannot take it back.
216 June 23, 1988
1 14*
Mr. bawkin§: . 41 that he is giving you, he eAh put:. , fbean, What is the
setbaek?
Mr. Martinez: 1h the baek, it is 40,:: 50,:=
Mr. Dawkins! 20 feet, right?
Mr. Martinez: 40 in the back, 30 in the front,
Mr. Dawkins: All right, 70 feet. So if he has 70 feet to his building, how
many units Can he get?
Mr, Rodriguez: Maybe more, but he cannot take it back:
Mr. De Yurre: So there is no difference!
Mr, Rodriguez: He cannot take it back because voluntarily proffered for that
covenant.
Mr. De Yurre: OR, so that is not an issue.
Mr. Olmedillo: Right.
Mr. De Yurre: OR, I am ready to vote.
Mayor Suarez: We have a motion and a second. Any further discussion?
Mr. Plummer: Well, let's talk to the other thing, because, you know, if he
can put in three more units, in that area it is going to be roughly $300,000
more profit that he is going to have.
Mr. De Yurre: But he just stated that's the same area.
Mr. Plummer: But he can put in three more units and there is not a unit in
that area that is not going for at least $100,000. Now...
Mr. De Yurre: When was that established that they could get three more units
in there? I don't know.
Mr. Plummer: He said that there is possibly he could three more units in
there.
Mr. Rodriguez: I don't know how many units. He can get more units.
Mr. Plummer: Yes!
Mr. Martinez: The FAR remains the same.
Mr. De Yurre: Because of the extra footage going up?
Mr. Rodriguez: Because of the extra height. You can only fit so many floors
in 40 feet. That's what I mean, your limiting factor in this development is
the height...
Mr. Plummer: You are allowing an additional floor.
Mr. Rodriguez: ... and the parking. Those are the two most limiting factors
that you have at this point. When you increase the height, you can leave the
same FAR, you can allow probably more area of development, so you might allow
more units.
Mr. Plummer: Right.
Mr. De Yurre: It depends again if they are one bedroom, two bedroom, you
know. There are a lot of factors that come into play.
Mr. Plummer: The potential is there for three additional units, is what I
think is being said. What I am saying is, three additional units is worth at
minimum of $300,000 on Brickell Avenue.
Mr, De Yurre: Profit?
217 June 23, 1988
Mr. Plummr: Oh, fib, $Ibb,bbb additibhal iheofne.
Mr. be Yurre: Cross.
Mr. Plufffter: Yes.
Mr. be Yurre: OR,
Mr, Plummer: OR, to now what is he proffering?
Mr. Martinez: Commissioner Plummer, 1 just asked my client and the question
about the three feet and the purpose is not to increase density. It is more
an aesthetic point of view to get that extra three feet. It allows another
point and be able to construct the prefab system. In the process it will
be... the prefab takes a little bit more space between the different floors
and the extra three feet would be absorbed in part by this prefab system if it
is utilized, so if you wish to...
Mr. Plummer: Is he willing to pay for the relocation of their satellite
system?
Mr. Martinez: I'd have to ask. Is it established that it definitely blocks,
I mean, it is...
Mr. Plummer: Well, if it does.
Mr. Martinez: And then again, even at 40 feet with the penthouse and the
elevators, they may have blocked it anyway. I mean, it may be a windfall for
them, if it was going to be blocked at all. The intention is not necessarily
to block that.
Mr. De Yurre: I think we would need some expert opinion on that, because we
are just going on what they just stated.
Mr. Plummer: Yes, an expert, that somebody sitting in front of a TV with a
black picture, that's an expert.
Mr. De Yurre: Well, you won't know that until it is built.
Mr. Plummer: Yes, she can only get one channel!
Mr. De Yurre: 23 or 51?
Mayor Suarez: Anything else on the item?
Mr. Plummer: Well, I didn't hear the answer. Is he willing to pay for the
relocation of the satellite system?
Mr. Dawkins: If their signal is blocked out. There will be no sense in
relocating it if their signal isn't blocked out.
Mr. Martinez: Commissioner, he would like to see the cost involved.
Mr. Plummer: Well, you know it is a maximum of $12,000.
Mr. Martinez: $12,000 for their system?
Mr. Plummer: That's their system with total cost now. Relocation would be
less than that.
Mr. Martinez: Well, their system could be conceivably moving it all up to the
top of their building, I don't know, and that may be more than the $12,000,
It is not replacing the system, but moving it is sometimes more expensive.
Mr. Plummer: When you get something, you got to give something.
Mrs. Kennedy:(OFF MIKE) You want to talk it over and come back?
Mayor Suarez: OR, take a couple of minutes?
Mr. Dawkins: No, let's do it now, It is 9:00 o'clock. Either that or give
me some weed and feed for one of my parks,
218 June 23, 1988
Mr, Plummet: You've Already gat $5,66b for day care t6htets,
Mr. bAwkins: Weed Arid feed? I !heed weed And feed.
G i. ia....�}��.i`rrrrrrrrrLLLiLirrrr.�Grrr�rirLiL i' I�i f.Lr i �i i GL LLL L.L G.' ILL
56, FIRST READING ORDINANCE: CREATE CHAPTER 13(A) IMPOSING A kDOWNTOW`N
DEVELOPMENT SUPPLEMENTAL FEE" TO ACCOMMODATE REGIONAL IMPACTS 0I' NEW
DOWNTOWN DEVELOPMENT.
Mayor Suarez: What are items 5 and 67 Now is the time that everybody comes
with the little notes and the little requests that we get things done. What
are they?
Mr. Olmedillo: Items 5 and 6 are the supplemental development fees for the
downtown DRI and the SE Overtown/Park West DRI. I would like to see if we
pass it on first reading. It is on the regular agenda.
Mayor Suarez: OK, I don't see anybody rushing up to object to this and I
guess that means that...
Mr. Plummer: Regular agenda? Oh yes. You spoke too loud.
Mayor Suarez: You are in full agreement? You want to add a little bit more
to supplemental fee? Speak now or forever hold your peace.
Mr. Carter McDowell: We do have some problem, not with the fee per se, but
with the timing of the way the ordinance is currently written, as to when
portions of the fees would be paid, which type of project would have to pay
the fee when. We feel that it is inequitable. As it is currently written,
projects requiring a major use special permit are required to pay a portion of
the fees at time of application for zoning, whereas projects not requiring
major use special permits do not pay those fees until time of building
permits.
Mayor Suarez: Is that always the case on the ones requiring a major use
special permit? - that we always allow them to pay at the permitting moment?
Mr. Rodriguez: I have to answer it longer than that. You have four portions
on this fee, and we want to recover the cost of the expenditures that we have
already in preparing the DRI, at the time of the major use permit. I may
suggest something, is that you pass this on first reading, we can try to
discuss it with them, between the first and second reading, and with the
changes that have been passed to you, which is one change in one word, defined
in page 7.
Mr. Dawkins: Second.
Mayor Suarez: OK, can we take 5 and 6 together on that motion?
Mr. Rodriguez: I think you should take each one of them. It is an ordinance.
Mr. Joel Maxwell: They are two separate ordinances.
Mayor Suarez: OK, on item 5.
Mr. Dawkins: J.L. moved.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance, Call
the roll.
219 June 23, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, CREATING A
NEW CHAPTER 13.A IMPOSING A O'DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE" NECESSARY TO ACCOMMODATE THE
REGIONAL IMPACTS OF NEW DOWNTOWN DEVELOPMENT; SETTING
FORTH FINDINGS AND INTENT; PROVIDING AUTHORITY
THEREFORE, PROVIDING DEFINITIONS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR IMPOSITION OF FEES;
PROVIDING FOR DETERMINATION OF FEES; PROVIDING A
PROCEDURE FOR CALCULATION OF FEES; PROVIDING FOR
ADMINISTRATION OF FEES; PROVIDING FOR BONDING FEE -
RELATED PROJECTS; PROVIDING APPELLATE PROCEDURES; AND
PROVIDING EFFECT AND RELATIONSHIP TO OTHER FEES.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
57. FIRST READING ORDINANCE: CREATE CHAPTER 13(B) IMPOSING A "SOUTHEAST
OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE" TO ACCOMMODATE REGIONAL
IMPACTS OF NEW SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT.
Mr. Plummer: Move item 6.
Mr. Rodriguez: Number 6 is
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
AN ORDINANCE ENTITLED -
for correction on page 7.
Any discussion? Is this an ordinance?
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, CREATING A
NEW CHAPTER 13.B IMPOSING A "SOUTHEAST OVERTOWN PARK
WEST DEVELOPMENT SUPPLEMENTAL FEE" NECESSARY TO
ACCOMMODATE THE REGIONAL IMPACTS OF NEW SOUTHEAST
OVERTOWN PARK WEST DEVELOPMENT; SETTING FORTH FINDINGS
AND INTENT; PROVIDING THE AUTHORITY THEREFORE;
PROVIDING DEFINITIONS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR IMPOSITION OF FEES; PROVIDING FOR
DETERMINATION OF FEES; PROVIDING A PROCEDURE FOR
CALCULATION OF FEES; PROVIDING FOR ADMINISTRATION OF
FEES; PROVIDING FOR BONDING FEE -RELATED PROJECTS;
PROVIDING APPELLATE PROCEDURES; AND PROVIDING EFFECT
AND RELATIONSHIP TO OTHER FEES.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote:
220 June 23, 1988
AYES, Cbfftj§sibner victor be 'Yurre
Commissioher Miller J. Dawkins
Cbfnmissioher J. L. Plummer, Jr -
vice Mayor Rosario Kenhedy
Mayor Xavier L. Suaret
NOES: None,
ABSENT: None,
The City Attorney read the ordihahce into the public record and
announced that copies were available to the members of the City Connissioh and
to the public.
58. (CONTINUED DISCUSSION) CITY MANAGER'S RESPONSE TO AN EARLIER REQUEST
FROM THE COMMISSION CONCERNING NON -DISBURSEMENT OF FUNDS IN CONNECTION
WITH CENTRAL AMERICAN INDEPENDENCE DAY FESTIVAL (SEE LABEL 55 AND 61),
Mayor Suarez: Are you ready on this, counselor?
Mr. Dawkins: Mr. Mayor, while we are waiting, I asked the Manager to research
this $7,5OO grant and on October 22th, by Motion 87-865, the Commission passed
and order to allocate $7,5OO to support the Central American Independence Day
Festival, and it was never given to them. Can you tell me why now?
Mr. Odio: The problem was that you also instructed us to follow certain City
procedures and they also indicated that they were a nonprofit organization.
When we did the research, we discovered they were for profit, and the event
was for profit, and the Department refused to fund them because of your
instructions.
Mr. Dawkins: Just so they can understand, when we funded the Miss Universe,
that was because we cosponsored the Miss Universe.
Mr. Odio: We were cosponsors, we were buying TV time. It was not a for
profit program.
Mr. Dawkins: Why? Who wasn't for profit?
Mr. Odio: Miss Universe. Miss Universe, of course, had the program, but we
knew we were buying TV time, which so many minutes of TV.
Mr. Plummer: The tradition is we do not give money to profit organizations,
that's the problem. I was the one who made the motion for them, but the
problem is at the time they expressed that they were nonprofit and then it was
found that they were, and it was a profit making event, and that changed the
complexion. I can't remember when this Commission gave a grant of money for a
profit making organization.
59. (CONTINUED DISCUSSION) PROPOSED MODIFICATION OF COVENANT AT
APPROXIMATELY 210 BRICKELL AVENUE TO PERMIT A MAXIMUM HEIGHT FOR
BUILDINGS ON THE PROPERTY (ALFREDO MUNOZ AND ALF-LOREN INVESTMENTS) (SEE
LABEL 55 AND 61).
Mr. Osmundo Martinez: Commissioner...
Mayor Suarez: No, no, wait, are you ready on your item, Mundy? Please,
everyone seems to be smiling and...
Mr. Martinez: No, we were trying to see if we could reach some settlement,
the antenna.
Mayor Suarez: Are you still trying?
221 June 23, 1988
Mr. Martinez: `Yes, we...
60. (A) CONTINUE TO JULY 14 APPEAL BY OBJECTOR (MICHAEL J. FREMAN) FOR
REVIEW OF ZONING BOARD'S APPROVAL OF A CLASS B SPECIAL PERMIT FOR VALET
PARKING AT APPROXIMATELY 2101 DAY AVENUE. (B) CONTINUE TO JULY 14 APPEAL
BY OBJECTOR (MICHAEL J. FREEMAN) FOR REVIEW OF ZONING BOARD'S APPROVAL
OF A CLASS C SPECIAL PERMIT FOR PROPOSED OFFICE BUILDING AT
APPROXIMATELY 2701 DAY AVENUE.
Mayor Suarez: Item 40, PZ-40. Is this the one that we are going to announce
a deferral?
Mr. Olmediilo: 40 and 41 are somewhat related.
Mr. Rodriguez: These are the ones in which we have appeals by two different
appellants and with a different time frame, and we are suggesting maybe that
they should be taken at the same time, based on what legal advice...
Mayor Suarez: Everyone agreed?
Mr. Al Cardenas: Mayor, for the record, my name is Al Cardenas. We represent
the appellee. Let me tell you what our position is in the matter. We have
been at this process of judicial proceedings, appeals, administrative
proceedings and appeals since the zoning was granted in 1985. We have, even
though granted, appellants filed their appeals to the City Commission a short
while ago, this has been in the process by them for over six months. It is
the same arguments that were used before the Zoning Board and as such, we find
them to have reason to be fully prepared, as we are fully prepared to handle
this matter this evening. Our client's problem is, that you know, it took
over a year, about a year, to go through the appellate process. We are now
going through, you know, a six month process of appealing the special permits,
and frankly, you know, how much of this economic loss can one developer
withstand, as a result of what could easily become an abuse of the process?
We sympathize with the process, we often times ask for deferrals ourselves,
and so we understand the system and agree that the system needs to be flexible
to be equitable to everyone. In this particular set of circumstances, this
three year battle has worn down our clients desire for reciprocity and
frankly, are quite anxious to get going and we definitely...
Mayor Suarez: Wait a minute. Somewhere along the line I missed something. I
thought you had told me, somebody had told me that we are all in agreement on
this, are we not?
Mr. Cardenas: Well, let me put it this way, I have been a... Now that I have
told you all this, let me tell you the following:
Mayor Suarez: Oh, that was just the preamble?
Mr. Cardenas: No, not necessarily a preamble. We would be willing to have
this matter deferred as long as there were three provisions to it: One, that
the appellants were under no circumstances be given a deferral again; two,
that you agree to schedule it before the next City Commission meeting and not
Planning and Zoning agenda meeting...
Mayor Suarez: Fine with me.
Mr. Cardenas: ... and if we meet both of those criteria, we willingly
acquiesce to the neighbors.
Mayor Suarez: Then you could forget about number three.
Mr. Castaneda: Well, number three, I've changed my mind on.
Mayor Suarez: That's OK. All right, so one is...
Mr. Cardenas: No, one is that this will be no more deferrals; two that this
matter be scheduled before the next City Commission meeting and hopefully
placed early enough on the agenda so that there is...
222 June 23, 1988
Mayor 5uarei: be scheduled not before. You keep saying, before: You mesh
for the next City Commission meeting, the regular...
Mr. Cardenas: For the next regular City Commission meeting, hot the next
Planning and Zoning meeting. And next, that it be scheduled in an agehda
early on enough to that there... we are not going to suffer a risk of the
evening running late.
Mayor Suarez: We will take care of that part.
Mr. Plummer: Well, let me ask this question of the applicant for the appeal.
Why do you need a deferment?
Ms. Lucia Anton: Well, my name is Lucia Anton, I live at 3165 Center Street.
First of all, I'd like to remind Mr. Cardenas, that he requested the deferral
In front of the Zoning Board, so one of these delays that he is talking about
was on his own petition.
Mr. Plummer: I'm asking about tonight. Why are you asking?
Ms. Anton: Because there is another applicant, and I don't know who he is,
I've never met him, but our application was paid on Friday. Now, we are big
neighborhood group of more than 60 people. I paid the money Friday, and then I
found out that there was someone else who had already been scheduled for this
hearing. I mean, you know, I put the money up Friday. I don't have enough
time, three days, to get, you know, all my neighborhood here.
Mr. Rodriguez: I believe there is another reason, which I think is legal,
that maybe why there is some merit in trying to get the two hearings at the
same time, and I think there is an agreement, I think from Mr. Cardenas, I
think, in having it at the same time, the two appeals for the Class B and for
the Class C.
Ms. Anton: The only other thing I would like to request is whenever it is
deferred to, that it be after 5:00 o'clock, because everybody in my
neighborhood, you know, works, and we can't do it early in the morning.
Please. Thank you.
Mr. Plummer: Seems like everybody is in agreement. I'll move it to be
deferred. Is that 40 and 417
Mr. Dawkins: Second, with the restrictions that counsel named.
Mr. Rodriguez: Defer to July 14th?
Mr. Plummer: At 5:00 o'clock in the afternoon.
Mr. Rodriguez: At 5:00 o'clock.
Mr. Dawkins: 5:00 o'clock, that will be the last deferral.
Mrs. Kennedy: Last deferral, right.
Mr. Plummer: And that's 40 and 41?
Ms. Miriam Maer: It will be 40 and 41, which is the appeal filed by Mr.
Freeman. Now there has been a separate appeal filed by Ms. Anton, and it
would be my suggestion that we have that separate appeal filed as the next two
consecutive numbers, because each appellant is entitled to a separate appeal.
Mr. Plummer: All right.
Ms. Maer You could hear it all at one time, but when you vote, you should
vote on each separate of the four items.
Mr. Bob Fitzsimmons: Is Mr. Freeman here? We don't even know if the
appellant is here,
Ms. Maer: There is one appeal filed by Mr. Freeman, and that appeal was
scheduled for tonight. Last Friday, I had been advised, Ms. Anton, exercising
her rights on the 15th day after the Zoning Board hearing, filed her appeal
223 June 23, 1988
"4%
with a separate $Sbb feei tJtider the tbhing ordinance, they are each entitled
to an appeal. The reason, if Ms. Ahtoh waived her objection, it would be
appropriate to hear both of theta tonight, but if she does not waive her
objection, then I would suggest that both appeals be scheduled for the same
time, the same agenda, all together at the next COMissibn foeeting.
Mr. Plummer: But hear them 1ndepehdently.
Ms. Maer: No, no, you could hear theta all together, and then have four
separate votes,
Mayor Suarez: Yes, they can each express their bbjections. They might even
have similar objections.
Ms. Anton: The only thing here is, and the reason we filed, and it wasn't just
myself, it was the five...
Mayor Suarez: I through you were in agreement with this...
Ms. Anton: Yes, I am. I just wanted to say that 1 don't know if you have to
listen to both, you know, the other person...
Mr. Dawkins: (OFF MIKE) Our attorney advises me that I have to, so I have to.
Mayor Suarez: We are going to have to listen to both anyhow, you know, if it
Is one five minutes after the other, or half a day after the other, I mean,
you know, what difference does it make?
Mrs. Kennedy: See you in July.
Ms. Anton: July 14th? Thank you.
Mr. Rodriguez: July 14th, yes, at 5:00 p.m.
Mayor Suarez: OK, I'll entertain a motion to that effect.
Mr. Plummer: July 14th, at 5:00 o'clock.
Mr. Castaneda First item on that 5:00 o'clock agenda.
Mayor Suarez: Absolutely the first item.
Mr. Plummer: More or less.
Mr. Rodriguez: There is no... that is a regular agenda, so, it is up to you.
Mr. Plummer: It will be...
Mrs. Kennedy: We'll take it close to 5:00 o'clock.
Mayor Suarez: Don't even put any other items for 5:00 o'clock, OK.
Mr. Plummer: Mas o menos.
Mayor Suarez: Call the roll.
MOTION TO CONTINUE
ON MOTION DULY MADE by Commissioner Plummer, and seconded by
Commissioner Dawkins, this item was continued to the meeting of
July 14, 1988 at 5;00 p.m. by the following vote of the
Commission:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
224 June 23, 1988
��...a.r.+�c�:.�c��c�irc��.���r�.:.e:c���ir...z:.����n.�c�a��c�c�c���t. �.�rac►�ccs��ce��rs���c�
61. (CONTINUED DISCUSSION) APPROVE MODIFICATION Ok COVENANT VOk A PROPERTY
AT 2100 BRICKELL AVENUE TO PERMIT CERTAIN HEIGHT FOR BUILDINGS
VOLUNTARY COVENANT IN CONNECTION WITH TV ANTENNA (ALMDO MUN09 AND ALA=
LOREN INVESTMENTS) (SEE LABELS 55 AND 59).
...rr��-----r-rrr--r-rrrrrr-------rrr`.-.i-------
Mayor Suarez: We have two items that were pending final resolution. Have you
agreed to that covenant!
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Well, don't make it too complicated. Go ahead, counselor.
Mr. Osmundo Martinez: OK, we have agreed with the other gentlemen, that if
there is interference by the structure at 48 feet, and the interference will
be determined if there is a clash by an expert, we would pay up to $12,000 for
the cost of repairing that interference.
Mr. Plummer: Relocating.
Mr. Martinez: Relocating, right. And I would also like a point of
clarification for the record. There is a possibility I will be , what
might be considered sale is a 50 percent, no more than 50 percent
participation by a joint venture, in the joint development of the project.
Mr. Plummer: Wait a minute, say that again, 50 percent?
Mayor Suarez: Participation by joint venture, or joint developer. That does
not constitute a sale. He wants to...
Mr. Plummer: As long as it is within the year.
Mr. Martinez: Within the year, yes.
Mayor Suarez: Yes, the most important thing is that development be initiated.
OK, with those provisos, we have a motion and a second?.
Mr. De Yurre: That's right.
Mr. Plummer: All of the rest of the covenant is in force.
Mr. Martinez: Correct.
Mayor Suarez: OK, call the roll on that. That is not an ordinance, is it?
Mr. Fernandez: It is a resolution.
Mayor Suarez: Call the roll.
225 June 23, 1988
The following resolution was introduced by Co=issioner be Vurre, who
moved it$ Adoption:
RESOLUTION NO. 88-592
A RESOLUTION APPROVING AN AGREEMENT TO THE DECLARATION
OF RESTRICTIVE COVENANTS RUNNING WITH THE LAND DATED
JUNE 25, 1987, AND RECORDED IN OFFICIAL RECORDS BOOK
13440, PAGE 3327, PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, FOR THE PROPERTY OWNED BY ALF-LOREN
INVESTMENTS, N.V. AND LOCATED AT APPROXIMATELY 2100
BRICKELL AVENUE, (MORE PARTICULARLY DESCRIBED HEREIN)
TO PERMIT A MAXIMUM HEIGHT OF 48 FEET FOR BUILDINGS ON
THE PROPERTY IN ORDER TO ALLOW FOR A MORE COMPATIBLE
ARCHITECTURAL SOLUTION, SUBJECT TO RECEIPT BY CITY OF
A RECORDABLE INSTRUMENT IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
62. APPROVE APPLICATION FOR $150,000 GRANT FROM THE FLORIDA DEPARTMENT OF
NATURAL RESOURCES (EROSION CONTROL PROGRAM BUDGET) IN CONNECTION WITH
THE VIRGINIA KEY BEACH DEVELOPMENT PROJECT - AUTHORIZE EXECUTION OF
AGREEMENTS.
------------------- ----------------------------------------------------------
Mr. Plummer: Mr. Mayor, we have a thing here from the Manager, a resolution -
(AT THIS POINT, COMMISSIONER PLUMMER READS RESOLUTION INTO PUBLIC RECORD. SEE
HEREINBELOW)
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-593
A RESOLUTION APPROVING THE APPLICATION FOR A $150,000
GRANT FROM THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES, FY '89-90 EROSION CONTROL PROGRAM BUDGET,
TO BE MATCHED ON 75%/25% STATE/LOCAL BASIS WITH
$50,000 AVAILABLE FROM THE CAPITAL IMPROVEMENT
PROGRAM, VIRGINIA KEY BEACH DEVELOPMENT, PROJECT NO.
331044; FURTHER CERTIFYING THAT THE CITY OF MIAMI WILL
BE THE LOCAL SPONSOR FOR SAID GRANT PROJECT; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL AGREEMENTS
AND OTHER DOCUMENTS NECESSARY TO IMPLEMENT THE
PROJECT, SUBJECT TO APPLICABLE CITY CODE PROVISIONS.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
226 June 23, 1988
a fi
Upon being seconded by Commissioner Kennedy, the resolutioh yeas Massed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Cotnrnissioner J. L. Plummer; Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
63. DEFER PROPOSED FIRST READING ORDINANCE TO AMEND MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN - CHANGE LAND USE DESIGNATION AND PROPOSED ZONING
ATLAS CHANGE AT APPROXIMATELY 51 SW LE JEUNE ROAD FROM RESIDENTIAL
OFFICE TO COMMERCIAL RESIDENTIAL (MARTA LUZ GORDON) (SEE LABEL 47)
Mayor Suarez: Do you have a final understanding? Is the purchaser willing to
abide by the restrictions?
Mr. Jorge Clavijo: My name is Jorge Clavijo, 1635 SW 98th Court, Miami. We
have a reached a consensus on the problem of the covenant that seems to be a
problem here tonight. The only covenant that all the parties agree upon is
that they will not alter at all the outside configuration of that building.
That building will remain there forever and ever and ever with the change of
zoning classification from the residential to the commercial. I think we have
reason for that zoning to be granted...
Mayor Suarez: But that wasn't what we were talking about, exactly. We were
talking about them not using it for anything other than a school with this
similar enrollment and so on.
Mr. Clavijo: Right. Even, to be used as the Miami Technical School we have
in that building now. It is a free standing building, we have 22...
Mr. Plummer: Yes, but what happens if you go from 40 to 80 students? What
are you going to do with the cars?
Mr. Clavijo: The limit, the number of the students there also will be limited
by the license that this gentlemen will be obtaining from Tallahassee...
Mayor Suarez; But we are talking about limiting it by Commission approval of
a covenant that you tender.
Mr. Clavijo: But let me respond to that too. There are presently 22 parking
spaces underneath that building. Adjacent, abutting south that property is a
vacant parcel of land right now that is a parking lot being used during the
day, and vacant during the night. Besides that ... hold it a second, Mr.
Commissioner, besides that, the intersection of Flagler and Le Jeune, has
public transportation on Flagler and on Le Jeune. Not all the students go
there by car. Many go there by bus.
Mr. Plummer: You are talking to your own detriment. OK, do you own the
parking lot next door?
Mr. Clavijo: There is a vacant parcel of land.
Mr. Plummer: That's not my question.
Mr. Clavijo; Yes.
Mr. Plummer; Do you own it?
Mr. Clavijo: No, sir.
Mr. Plummer; Well, if you don't own it, you don't control it,
227 June 23, 1988
0 0
Mrs. Kennedy: Nov tan you use it?
Mr. Plummer: it's not a building permit.
Mr. Clavijo: The lady doesn't own that vacant parcel of land. The lady owns
the building with 22 parking spaces. That is true, but it is not only people
that go there, go in automobiles. They use public facilities, and is plenty
there to be used. We have come here with a 0-0 vote from the Zoning Board,
recommending the change of zoning from RO-3 to CR-2/7. This is a free
standing building that has very limited use under the present zoning
classification. Adjacent to it is a Texaco gas station. It is being used as
a car wash and an automobile repair service as a fish market. This lady here
has so limited use to that building that nobody will use the building as an
office...
Mayor Suarez: I have two alternatives for you. Either except what the
Commission is proposing, or I would be disposed to accept a deferral on this
item until he can maybe... and she can maybe get an idea of just how
difficult it is to accomplish these things at the Commission. I don't know
anything about the Zoning Board on this, and why they would recommend 9-0
something like this, but this Commission tonight, at 9:02 o'clock is not going
to be able to do better than that. You might just lose, and then you are
going to have a tough time.
Mr. Clavijo: Mr. Mayor, the arguments that the Planning Department used the
day of the zoning hearing...
Mayor Suarez: Not interested in the arguments of the Planning Department,
interested in the arguments of this Commission today, that we would allow
this, I think is the consensus that I am hearing, if the commitment was made
that that would be the use of the property for the purchasers, not that you
are going to have some other kind of commercial use.
Mr. Clavijo: But wouldn't you be satisfied, or the Commission be satisfied
with the fact that it is a free standing building with 22 parking spaces and
plenty of transportation on both major intersections of the City, being
suffocated by a commercial area?
Mayor Suarez: You are asking us to approve it for use by a school, with
technical school with 40 students, and that's what the Commission is disposed
to.. .
Mrs. Kennedy: Twenty two minus five administrators or teachers. That leaves
you with 17.
Ms. Marta Luz Gordon: Yes, that is the people that I have at the moment
interested in the building.
Mayor Suarez: I am going to lose my majority. Which way do you want to
proceed? Do you want to take a chance on a vote without with the Commission
is suggesting, or do you want to defer? You can have your chance to speak
with the Commissioners, do whatever you want, speak with Planning...
Mr. Clavijo: Mr. Mayor, if we go along with your suggestion, which seems to
be a compromise to us, in order not to lose tonight.
Mr. Plummer: What are you compromising? What are you giving?
Mr. Clavijo: Well, I don't know what we...
Mr. Plummer: You know, compromise is give and take.
Mr. Clavijo: Of course, but I understood that the Mayor's suggestion was to
rest it out until we can work out...
Mr. Plummer: Sir, what are you giving? You said it is a compromise. You
want us to give you something.
Mr. Clavijo: Yes.
Mr. Plummer: What are you going to give us?
228 June 23, 1988
6 a
Mr, Clavljb: Vel1, ihst the eohflguratibh of the building will hbt by ®here
th any shape or form.
Plummer-: d
Mr. Plummer-
That a hot gluing a damn thlhgt
Mr, ClaviJoe Of course it is, The building will
a smell parcel of lands hot be demolished, it is o
Mr. Pl my
unvoer:
make Sir, you got two seconds to make a motion to deny; One, twol u
p your minds I'ra going to
Mr, De Yurre: 1111 move to defer this,
Mayor Suarez: Motion to defer,
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
MOTION TO CONTINUE
UPON MOTION DULY MADE b Vice Mayor Kennedy, y Commissioner
red Yurre and by
Of the Mayor
y, this item was seconded
Y Commission: by the following ln8 vote
Commissioner victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr
Vice Mayor Rosario Kennedy Mayor Xavier L, Suarez
NOES: None.
ABSENT: None,
64, DISCUSSION AND TEMPORARY PROPOSAL FROM AT6T FOR DEFERRAL e, PROPOSED
(See label 6I) THE LEAS RESOLUTION RESOLUTION TO ACCEPT A
------------ - OF A CITYWIDE TELEPHONE SYSTEM
Mayor Suarez: There
was an item having to do with telephones. —
Mr. Plummer: No sir, I asked that that be
use a damn poor lousy system, in my estimat on,erand I , proposing to
It.
They are
don t want no part of
Mayor Suarez: It doesn'
t sound like you
Mr. Plummer: No convinced all of the Commissioners•
telephones, which is
Sir, I tell
Part of AT6Tyand they don't. They want to
use Mr Ron Wit is horrible equipment. Horrible Merlin
Williams; Commissioner, may I.,,
Mr. Plummer: Doesn't
even compare' I move that that be deferred.
Mrs. Kennedy; I second.
Mayor Suarez; We don't even have to take it upo and it is deferred.
229
T
r
65. EMERGENCY OttDINANCE: AMEND SECT. 1 OF 10341 M01,19H NEW PROJECT
"COCONUT GROVE EXHIBITION CENTER RENOVATION AND EXPANSION PROJECT"
--
LL�.�n.1�LZrr.�rrrrLrLLr�.rr�rrL Yr�rrrr +LY.YLrrrLr LrYr—rr—rr Lr—rr—rr�rr�.�r�L�.i �r
Mr. Fernandez: Mr. Mayor, before we lose that quorum, maybe you can heat a
resolution that we need from the Law Department, to ratify the action we have
already taken pursuant to memos to each of you on June 13th.
Mr. Plummer: The only thing I want to hear is Dinner Key, because that's got
to be going for ASTA. I will agree to hear that. What numbers are they?
Ms. Juanita Shearer: 2 and 4.
Mr. Plummer: I move item 2,
Mrs. Kennedy: What is item 2?
Mr. Plummer: Dinner Key. We've got to get that done for the ASTA convention.
Mayor Suarez: That's part of the time table?
Ms. Shearer: We need 4/5ths.
Mr. Dawkins: (OFF MIKE) No way, no way I move, nol I am not satisfied with
the way they selected minority participation. No way.
Ms. Shearer: Commissioner...
Mr. Plummer: May I beg the indulgence of my fellow Commissioners. This is on
a first reading, or second?
Mr. Fernandez: Emergency, it is an emergency.
Ms. Shearer: This is an emergency ordinance. It does not award the
construction contract.
Mr. Plummer: May I talk to my Commissioners...
Ms. Shearer: It establishes the funding for the project. We have not
received the bids yet, we received bids and we throw them...
Mr. Plummer: You know, I can talk to my Commissioners a hell of a lot better
than you can!
Mr. Dawkins: And get better cooperation.
Mr. Plummer: May I suggest to my fellow Commissioners, this is first reading,
correct? There will be a second?
Ms. Shearer: it is an emergency ordinance.
Mr. Plummer: Oh, I am sorry.
Mayor Suarez: But it is just the ordinance, it doesn't...
Mr. Dawkins: See, but then she tells me that they have not set the bid, but
they had a bid come in, and only one bid came in.
Mayor Suarez: OR, how about that?
Ms. Shearer: We rejected the bid, and we have put the project out to re -bid.
Mr. Plummer: We have got to have it ready for the ASTA Convention.
Mr. Dawkins: J.L., move it,
Mayor Suarez: If that got the re -bid.
230 June 23, 1988
Mr. Blufhmer: I thove itefn 2.
Mrs. Kennedy: Ahd 16ecohd.
Mayor Suarez: Second. Any discussion? head the ordinance.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10341 AS AMENDED, ADOPTED NOVEMBER 19, 1987, THE
CAPITAL IMPROVEMENTS APPROPRIATIONS ORDINANCE, BY
ESTABLISHING A NEW PROJECT ENTITLED "COCONUT GROVE
EXHIBITION CENTER RENOVATION AND EXPANSION PROJECT" -
PROJECT NO. 415002, IN THE AMOUNT OF $7,000,000,
APPROPRIATING FUNDS IN SAID AMOUNT FOR SAID PROJECT
FROM SOURCES AS FOLLOWS: $5,000,000 CONTRIBUTION FROM
THE MIAMI SPORTS AND EXHIBITION AUTHORITY, AND
$2,000,000 FROM PROPOSED ISSUANCE OF DEBT INSTRUMENTS;
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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10450.
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 FIRST ROLL CALL:
Mr. Plummer: Justify the emergency.
Mayor Suarez: The time table you yourself referred to.
Mr. Plummer: But I want it on the record. Justify the emergency.
Mayor Suarez: It is on the record. You referred to it.
Mr. Rodriguez: It is a time table to try to get the conference on time and
get the improvements necessary.
Mr. Plummer: Thank you. I vote yes.
231 June 23, 1988
�cactc<rs ascc y,:..G ��tGiLGLLi. �. �LiGGLG G ci.LGc�G �-�� L .. �.. _• L' if�L:�G.GG��=�
66. tXtCUTE AMENDMENT TO AGREEMENT WITH SEILLIS, CANbELA AND PARTRM , INC.
FOR RENOVATION AND EXPAN9I6N tt COCONUT GROVE EXHIBITION CENTER.
l�i.L i1�G..rLrrGG�oi. NL a�ifiiGrL���L CL LILLGGii�GGrG14.GLY`rrr rG��L�Lrrrrr�rr���iJ.i is ti�L L.{YGLLGILG
Mr, Plummer: I move item 4,
Mayor Suarez: Companion item 4.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion. Under discussion, when you put these bids
out, I want you to spell out a million, whatever it is, for blacks, and a
million, whatever it is, for Cubans, and that the...
Mr. Plummer: Blacks and Latins.
Mr. Dawkins: Well, I don't care, well, whatever, but that the Latin women
will come in with the Latins and the black women will come in with the blacks,
OK? Put that in when your bids.
Ms. Shearer: Commissioner Dawkins, the project has already been out for re -
bids.
Mr. Dawkins: All right then, I defer it. That is what I just told you, and
you stand up there and tell me and I'm lying! See, that is what I am talking
about, I just told you!
Ms.Shearer(OFF MIKE): I misunderstood him.
Mr. Herb Bailey: Commissioner...
Mrs. Kennedy: Wait a second, wait a second. I think that the women should
have a separate category. It should be Latins, blacks and women in all three
categories.
Mr. Dawkins: (OFF MIKE) Well, then reserve a million for the women, -I
couldn't care less!
Mrs. Kennedy: OK.'
Mr. Plummer: They can't use both.
Mr. Dawkins: That's right, that's all.
Mr. Plummer: And also, let's go back to one other point now, in this minority
participation, I am fully in favor, but any minority participant has to be the
head of that organization, has to be certified and qualified.
Mr. Dawkins: In that discipline.
Mr. Plummer: Exactly correct. If they are doing plumbing, they have got to
be the certified by Dade County Plumbing Board.
Mr. Bailey: Right, we'll incorporate those...
Mr. Plummer: None of this tokenism now, let's do it and do it ,right.
Mayor Suarez: With those provisos, we have a motion and a second now? Is it
accepted?
Mr. Bailey: Yes, we will incorporate that.
Mayor Suarez: Call the roll,
232 June 23, 1988
0 to
The Following resolutioh WAS ihtroduced by Cotrftissibher Plurnrnsr, who
moved it§ Adoption:
RESOLUTION NO. 88-594
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO THE AGREEMENT DATED JUNE 15, 1081 BETWEEN
SPILLIS, CANDELA 6 PARTNERS, INC., AND THE CITY OF
MIAMI, FOR THE RENOVATION AND EXPANSION OF THE COCONUT
GROVE EXHIBITION CENTER; FURTHER AUTHORIZING THE CITY
MANAGER TO EXPEND A TOTAL AMOUNT NOT TO EXCEED
$100,000 FOR ADDITIONAL PROFESSIONAL SERVICES RELATED
TO REPRESENTING THE CITY AS ITS PROJECT REPRESENTATIVE
THROUGHOUT THE CONSTRUCTION PHASE OF THE PROJECT; WITH
THE HEREIN AUTHORIZED EXPENDITURES FUNDED FROM MONIES
PREVIOUSLY ESTABLISHED FOR THIS PROJECT.
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
------------------------------------------------------------------------------
67. INSTRUCT CITY ATTORNEY TO INSTITUTE LEGAL PROCEEDINGS AGAINST
RESPONSIBLE PARTIES FOR THE DESIGN AND CONSTRUCTION OF MIAMARINA TO
RECOVER CITY'S EXPENSES IN CONNECTION WITH THE RESTORATION OF MIAMARINA.
Mr. Fernandez: The City Attorney still needs action on that resolution...
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Fernandez: Yes, that is authorizing the City Attorney to file
counterclaims and to file proper claims for the defects in the Miamarina.
Mayor Suarez: I thought we did that.
Mr. Fernandez: Well, we have already gone ahead and filed a lawsuit. We need
to be ratified by you.
Mrs. Kennedy: Move it.
Mr. De Yurre: Second.
Mayor Suarez: Will the new City Attorney please figure out a way that we can
do those with one motion in the future, not have to have one, and another one
formalizing it?
Mr. Fernandez: The new City Attorney needs to learn that he had better move
quick, if he wants to get in on the agenda and it has been on the agenda twice
before, and it has been rolled over, so I promise you the next time it will be
early.
Mayor Suarez: Call the roll,
Mr. Dawkins: Welcome to the crowdt
233 June 23, 1988
The following i@tolutibh wes it:ttoduted by Commissioner K6hhedy, Who
Unoved its Adoption:
RESOLUTION N0: 88-595
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO TAKE ALL
STEPS, INCLUDING THE FILING OF CLAIMS, COUNTERCLAIMS,
THIRD PARTY COMPLAINTS, AND ACTIONS AGAINST ANY PERSON
OR FIRM RESPONSIBLE FOR THE DESIGN AND CONSTRUCTION OF
THE MIAMARINA PROJECT FOR THE PURPOSE OF RECOVERING
THE CITY'S EXPENSES WHICH WERE IN EXCESS OF THE
CONTRACT COST CONNECTED WITH THE RESTORATION OR REPAIR
OF MIAMARINA IN ACCORDANCE WITH THE OBJECTIVE OF
PROVIDING A MARINA FOR PUBLIC USE IN SATISFACTORY
OPERATIONAL ORDER; FURTHER RATIFYING, APPROVING AND
CONFIRMING THE ACTIONS OF THE CITY ATTORNEY IN THE
TAKING OF STEPS NECESSARY FOR THE FILING OF A
COUNTERCLAIM AS WELL AS THE FILING OF A THIRD PARTY
COMPLAINT IN THE CASE OF MCNEW MARINE CONSTRUCTION,
INC. VS. THE CITY OF MIAMI, CIRCUIT COURT CASE NO. 87-
53275(I8).
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
---------------------------------------------------------
68. (CONTINUED DISCUSSION) DEFER CONSIDERATION OF A RESOLUTION TO ACCEPT A
PROPOSAL FROM AT&T FOR THE LEASE/PURCHASE OF A CITYWIDE TELEPHONE SYSTEM
(SEE LABEL 63).
-------------- ---------------------------------------------------------------
Mayor Suarez: Now, what's the problem, Ron?
Mr. Plummer: As far as I am concerned, you want my instructions? Go out and
re -bid.
Mr. Williams: OK, that's what I need. I need guidance from the Commission.
Would you like for us to re -bid it, and eliminate certain types of equipment?
Mr. Plummer: (OFF MIKE) Merlin equipment, I got to tell you, I got them in
the funeral home, it is a disaster!
Mayor Suarez: Ron, I have to tell you. For my vote, I don't think you should
be doing anything, because I don't have any problem with the present system,
so you know, don't even ask me.
Mr. Plummer: Well, Mr. Mayor, let me say this.
Mayor Suarez: I mean, what it does, it gets busy signals after seven people
are on the line at the same time, and that's fine with me. I can't take that
many more phone calls anyway.
Mr. Plummer: Mr. Mayor, I agree with what you are saying, and I told that to
him this morning. Yet, I have to listen when he is indicating to me that by
going to a new system, we are going to reduce our cost from $500,000 to
$300,000 a year. That's why I've got to listen. I don't have to listen to
Merlin equipment.
234 June 23, 1988
Mayor guaret: t am sorry I don't believe it will reduce our posts+ It i
going to ihcrtate the aggravation plus the tort of reinttailatioh and..,
Mrs. Kehhedy: It it a rental with an option to buy.
Mr. Plummer: Yet.
69. ACCEPT PLAT: "ALLAPATTAH BAPTIST PROPERTY".
-- ------- -------- ----=ice==
Mr. Rodriguez: There are two plats, which are 18 and 19, that you can accept.
They are not controversial, and if you vote.,..
Mr. Plummer: Why the hell did you bring them up here?
Mr. Rodriguez: Allapattah plat that you approved before and you want to get
It through.
Mr. Jim Kay: All City requirements have been met for these two plats.
Nothing controversial.
Mrs. Kennedy: Move it.
Mayor Suarez: Accept the plat on item 18. I entertain a motion.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved. Do you want to second that plat?
Mr. Plummer: I don't know what you are talking about.
Mrs. Kennedy: The Allapattah plat.
Mr. Rodriguez: Acceptance of a plat for Allapattah.
Mrs. Kennedy: It is just a plat.
Mr. Kay: Allapattah Baptist property. Reverend Panky has been here all day.
Mr. Plummer: Yes, yes, I'll second that.
Mayor Suarez: Thank you.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-596
A RESOLUTION ACCEPTING THE PLAT ENTITLED ALLAPATTAH
BAPTIST PROPERTY A SUBDIVISION IN THE CITY OF MIAMI;
AND ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER THE CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution was passed
and adopted by the following vote;
235 June 23, 1988
•
•
ASS: eoonif bioher Victbr De Yurre
Comtbiasioner hiller J. Dawkiha
Cbftnissiofner J. L. Plummer, Jr.
Mice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
08VT: None.
Mayor Suarez: This is a miracle, I want you to know that, Reverend Panky.
70. BRIEP DISCUSSION OF ACCEPTING PLAT "NAPOLEON PLACE".
Mrs. Kennedy: Now 1 will move item 19.
Mayor Suarez: OK, 19, I entertain a motion on that, it is a companion item.
Mr. Plummer: What property is that?
Mayor Suarez: Same one.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: No.
Mr. Kay: Napoleon Place.
Mr. Plummer: What?
Mr. Kay: Napoleon Place. It is a small plat.
Mr. Plummer: Where the hell is Napoleon Place? Is that on Bonaparte Avenue?
Mr. Kay: It is regular 19.
Mr. Plummer: Where is Napoleon Place?
Mr. Kay: It is NW 54th Street, 1st Avenue, but I don't have the exact
address in front of me.
Mayor Suarez: What does this have to do with your other property?
Mr. Kay: No, 19 is another plat. There were two plats on the Commission
agenda.
Mayor Suarez: Whose item is this?
Mr. Rodriguez: It is just a plat, and you usually approve those without
discussion, there is no discussion. It is an administrative function that you
have, and that there is no argument.
Mayor Suarez: Well, I mean, you know, we were going out of our way to take
one, because Reverend has been sitting here waiting all day, and we can take
this up any time.
Mr. Rodriguez: They were together, I mean, they were one after another.
Mayor Suarez: Well, I don't... this session is adjourned, unless the
Commission wants to hear this item.
Mr. Plummer: We'll take up 19 next week.
236 June 23, 1988
R8 BEING NO T'D "M StISDMSS TO OOME IMPUT MR CIPf
Ct tISS1ON. "M MMG WAS AWO'MUft AT 4:13 P.H.
ATTBST:
Natty Hirai
C177 CLERK
Walter J. Foam=
ASSISTANT CITT CLERK
laivier L. Suarez
NAT0it
237 June 23. 1988
/ "4.,
CITY OF MIAMI
DOCUMENT INDEX
MulTm ORATE:
AUTHORIZE COLLECTIVE BARGAINING
AGREEMENT WITH FRATERNAL ORDER OF
POLICE LODGE NO. 20. (10/1/87 -
9/30/89)
ACCEPT $10,000 DONATION FROM PROCTOR
AND GAMBLE, INC. IN SUPPORT OF THE 1988
CITY OF MIAMI/CREST YOUTH BASEBALL
WORLD SERIES ("PRIDE IN MIAMI PARKS" -
ADOPT -A -PARK PROGRAM).
RESCHEDULE SECOND REGULAR CITY
COMMISSION MEETING OF JULY; 1988,
TO TAKE PLACE ON JULY 21.
AUTHORIZE CITY OF MIAMI PLACEMENT OF
ADVERTISEMENTS IN "LA NACION".
APPROVE IN PRINCIPLE ESTABLISHMENT OF
AN ASIAN VILLAGE IN THE CITY OF MIAMI
AS A TOURIST ATTRACTION.
PROGRESS OF PROJECTS RELATED TO THE
SOUTHEAST OVERTOWN PARK WEST REDEVELOP
MENT PROJECT AND EXECUTE AGREEMENT WITH
ERM-SOUTH INC.
APPROVE IN PRINCIPLE THE BAY HEIGHTS
NATOMA MANOR TRAFFIC STUDY SCHEDULE
PUBLIC HEARING TO CONSIDER CREATION
OF SPECIAL TAXING DISTRICT OR OTHER
CONTROL MEASURES.
GRANT WAIVER OF RENTAL FEE FOR USE OF
BAYFRONT PARK AMPHITHEATER IN
CONNECTION WITH NELSON MANDELA DAY,
DENY APPEAL BY STANLEY AND BLANCHE
LEAR, ET AL, OF ZONING BOARD'S DENIAL
OF VARIANCE TO ALLOW OPERATION OF A
RESIDENTIAL SUBSTANCE ABUSE TREATMENT
FACILITY AT APPROXIMATELY 522-528-534
N.E. 78TH STREET.
DENY APPEAL BY STANLEY AND BLANCHE
LEAR ET AL OF ZONING BOARD DENIAL
OF SPECIAL EXCEPTION TO ALLOW OPERATION
OF A RESIDENTIAL SUBSTANCE ABUSE
TREATMENT FACILITY AT APPROXIMATELY
522-528-534 N.E. 78TH STREET.
JUNE 23, 1988
PAGE 1 OF
RET'REVAL CODE R
88-.571
88-576
88-577
88-579
88-580
88-582
88-585.
88-587
88-590
DOCUMENT INDEX
APPROVE MODIFICATION OF COVENANT AT
APPROXIMATELY 2951-2999 S.W. 22ND
TERRACE (CHALLENGER INVESTMENTS. INC.
AND JORGE RODRIGUEZ) - ALLOW OWNERS TO
POSTPONE CONSTRUCTION OF MASONRY WALL.
APPROVE MODIFICATION OF COVENANT FOR A
PROPERTY AT 2100 BRICKELL AVENUE TO
PERMIT CERTAIN HEIGHT FOR BUILDINGS
-VOLUNTARY COVENANT IN CONNECTION WITH
TV ANTENA (ALFREDO MUNOZ AND ALF-LOREN
INVESTMENTS).
APPROVE APPLICATION FOR $150,000 GRANT
FROM THE FLORIDA DEPARTMENT OF NATURAL
RESOURCES (EROSION CONTROL PROGRAM
BUDGET) IN CONNECTION WITH THE VIRGINIA
KEY BEACH DEVELOPMENT PROJECT
AUTHORIZE EXECUTION OF AGREEMENTS.
EXECUTE AMENDMENT TO AGREEMENT WITH
SPILLIS, CANDELA AND PARTNERS,INC.
FOR RENOVATION AND EXPANSION OF THE
COCONUT GROVE EXHIBITION CENTER.
INSTRUCT CITY ATTORNEY TO INSTITUTE
LEGAL PROCEEDINGS AGAINST RESPONSIBLE
PARTIES FOR THE DESIGN AND CONSTRUCTION
OF MIAMARINA TO RECOVER CITY' S EXPENSES
IN CONNECTION WITH THE RESTORATION OF
MIAMARINA.
PAGE' OF 0 ,
RETREVAL CODE NO.
88-591
88-592
88-593
88-594
88-595
ACCEPT PLAT:"ALLAPPATTAH BAPTIST PROPERTY". 1 88-596