HomeMy WebLinkAboutCC 1988-03-24 Minutes0 r
CITY OF MALiM i
G1�� OF
•
* 1NCORP ►►RATED
18 96 �.
M leffA
COMMISSION
MINUTES
OF FWIN6 IIEU ON MARCH 24, 1988
(PLANNING 6 ZONING)
PREPARED sY Tmg OFFICE OF THE CITY CLERK
CITY HALL
NATTY HIRAI
City Clerk
Is
E-1
INDIR
MINUTES Of REGULAR MEETING
CITT COMMISSION OF MIAMI, tLORIDA
MARCH 24, 1909
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
------ ------ --------------------
1. PRESENTATIONS, PROCLAMATIONS AND DISCUSSION 1
SPECIAL ITEMS. 3/24/86
2. AUTHORIZE MIAMI SPORTS AND EXHIBITION R 86-259 2
AUTHORITY TO MAKE PAYMENT TO MIAMI 3/24/88
CENTER ASSOCIATES FOR PROJECT COSTS AND
IMPROVEMENTS IN THE NEW EXHIBIT HALL AT
MIAMI CONVENTION CENTER - SUBJECT TO
CERTAIN REQUIREMENTS.
3. CONDOLENCES TO THE FAMILY AND FRIENDS R 88-260
OF MR. EUGENE C. FERR1, JR. 3/24/88
4. DIRECT MANAGER TO ENSURE THAT BALTIMORE M 88-261
ORIOLES WILL REMAIN IN THE CITY OF 3/24/88
MIAMI.
5. STATE CITY COMMISSION'S POSITION THAT M 88-262
IT HAS NO INTENTION TO GRANT OR GIVE UP 3/24/88
ANY OF ITS PUBLIC FACILITIES TO
METROPOLITAN DADE COUNTY.
6. DISCUSSION CONCERNING THE CREATION OF DISCUSSION
THE PERFORMING ARTS CENTER COMMITTEE TO 3/24/88
EXPLORE THE POSSIBILITY OF CONSTITUTING
A PERFORMING ARTS COUNCIL FOR THE CITY
OF MIAMI.
7. A) REMIND CITY ADMINISTRATION TO INFORM DISCUSSION
THE COMMISSION AS TO EACH AND EVERY 3/24/88
PRINCIPAL OR MEMBER OF CORPORATIONS
INVOLVED IN CITY CONTRACTS.
B) ENQUIRE OF CITY ADMINISTRATION WHY
SOLID WASTE DUMPSTERS STILL NOT
PURCHASED.
8. A) ALLOW BIOMEDICAL RESEARCH AND M 88-263
INNOVATION CENTER (BRIC) TO CONTINUE TO M 88-264
LEASE CITY SPACE AT MUNICIPAL JUSTICE 3/24/88
BUILDING.
B) INSTRUCT ADMINISTRATION TO FIND
ALTERNATIVE OFFICE SPACE FOR USE BY THE
LIGA HISPANA CONTRA SIDA (AIDS).
9. EMERGENCY ORDINANCE: AMEND SEC. 1 OF ORDINANCE
0". 10347 - INCREASE APPROPRIATIONS 10399
FOR PIER 3 - MAJOR REPAIR PROJECT. 3/24/88
10. INCREASE AMOUNT IN CONTRACT WITH R 88-265
BUNNELL FOUNDATION, INC. FOR 3/24/88
CONSTRUCTION OF SLIP 3 MOORING
DOLPHINS - ACCEPT COMPLETED WORK -
AUTHORIZE FINAL PAYMENT.
3
3-6
7-9
9-10
10-11
11-26
26-29
29-30
0
11.
SECOND READING ORDINANCE: MCC SEC. 1
ORDINANCE
An 6 Of ORD. 10321 - INCREASE
10400
APPROPRIATIONS TO To DINNER ANT MARINA
3/14168
ffIlmI n I" PON NRPOSE OF tT 1611
PAT
SpISNINE STATS WVVNQM?AL COMMISSION
No MARINA =Pmovs S -
12.
SECOND READING ORDINANCS2 Aimm SEC. 2
ORDINANCE
AND 6 OF ORD. 10321 - MA31LIBN NEW
10401
SPSCIAL UTMIUS 7=1 ow-_UNITT
3/24/66
RRLOrv�I= BL0C1t GRANT APPROPRIATION -
R sale POR ITS OP MTION
($13,950,000).
13.
D 12ADDO ORDIIWICS: MWD CITT
ORDINANCE
PROTISS 0110MJTION OF BUS
1040266
SWICNSS AND SNSLTSRS•
14.
MOCOMD READING ORDINANCE: ESTABLISH
ORDINANCE
SPECIAL RV}S 7=1 -BLACK ARCHITES -
10403
OVERTWA ■ISTORIC WILIAM- POR A MASTSR
3/24/68
no FOR Ta Ovid IMN NISTORIC FOLKLIR
WILIAGE - ACCEPT GRANT FRON NATIONAL
SNDWJXM FOR THE ARTS.
15.
SECOND READING ORDINANCE: ESTABLISH
ORDINANCE
SPECIAL REVENUE FUND; 'SUMMER TOM
10404
ZNPLOTMENT AND TRAINING PROGRAM -
3/24/68
1966/JTPA II-B- - APPROPRIATE FUNDS FOR
ITS OPERATION - ACCEPT GRANT PROM SOUTH
FLORIDA ZMPLOTMENt AND TRAINING
CONSORTIUM.
16.
ALLOCATE $130,600 TO BELATOMM TACOLCT
R 66-266
CSNPER, INC. AND $66,795 TO TOOTH CO-
3/24/66
OP, INC. FOR IMPLZMDFTATION OF FT '66
JTPA II-3 SUMMER TOUTH EMPLOTMENT AND
TRAINING PROGRAM.
17.
ACCEPT BIDS: 1) RAINBOW DODGE, INC.,
R 66 267
2) AIRMONT ASRAKAN CHEVROLET. INC., 3)
3 / 24/66
VARLET DAVIDSON OF MIAMI, INC., AND 4)
HAROONE CHEVROLET, INC. FOR PURCHASE
OF: •) 66 AUTOMOBILES, D)13
NOTORCTCL.ES, e) 21 TANS, d) 5 STATION
VAGONS AND •) 6 PICKUP TRUCKS -
AVTMORIZE PURCHASE FROM HARTMAN CTCLE
COMM OF 3 TANAKA ATCO ($9, 049.95)
FOR BM13'ARTMVT OF GOMSRAL SERVICES
ADMINISTRATION.
IS.
(A) OMERGSNCT ORDINANCE: AU?MMORIZE
ORDINANCE
CRSA?ION OF ONE OR NORE SAR
10405
IOIOOOW=V IIMPRO SMDMT DISTRICTS BY
ORDINANCE
DIFFEROIT OPTIONAL MMETAODS . (B)
10406
OMERO NCT ORDINANCE: AVTMORIZE CREATION
3 / 2 4 / 8 9
or = Yt11W00D LOCAL GOvERNMENT
IMPROVSKSHT DISTRICT - ESTABLISH
SOUNDARISS - DISTRICT TO RECEIVE
PLANNING GRANT FROM THE 'SAFE
NSIGHBOR)MODS TRUST POND- - DESIGNATE
CITY COMMISSION AS BOARD Of DIRECTORS
OF THE DISTRICT - PROVIDS FOR
ESTABLISMMOIT Of ADVISORT COUNCIL TO
BOARD of DIRECTORS. ETC.
30-31
31
32-33
33-35
35-39
39-40
40-45
45-49
4
1�.
(A) CLOSURE Of DESIGNATED STREETS IN
R 68-268
49-51
CONNECTION WITH COCONUT GROVE MUSIC
M 86-268.1
FESTIVAL. (B) ALLOW REPRESENTATIVES OF
3/24/88
COCONUT GROVE MUSIC FESTIVAL TO POST
BOND IN LIEU OF SOLID WASTE FEES.
20.
RATIFY CITY MANAGER'S NEED FOR
R 88-269
51-52
IMMEDIATE EMERGENCY PURCHASE OF EIGHT
3/24/88
ELECTRIC GOLF CARTS/PERSONNEL CARRIERS
FROM E-Z-GO OF SOUTH FLORIDA FOR
DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION.
21.
EXECUTE AMENDMENT TO AGREEMENT WITH
R 88-270
52-56
FULLER AND SADAO - INCREASE TOTAL FEES
3/24/88
(BAYFRONT PARK REDEVELOPMENT - PEPPER
FOUNTAIN).
22.
DISCUSSION CONCERNING ISSUANCE OF
DISCUSSION
56-64
REQUEST FOR PROPOSALS FOR A UDP FOR
3/24/88
DEVELOPMENT OF A FULL -SERVICE BOAT YARD
FACILITY, MARINA AND ANCILLARY MARINE -
RELATED RETAIL USE (AT 2640 SOUTH
BAYSHORE DRIVE) - NO ACTION TAKEN
23.
CONTINUE FOR A FULL COMMISSION MEETING
DISCUSSION
64-65
PZ-12 - PROPOSED FIRST READING
3/24/88
ORDINANCE FOR ATLAS CHANGE FROM RG-2/5
TI RG-2/6 AT 2785-2855 TIGERTAIL AVENUE
AND 3241-3299 MARY STREET - AND PZ-13 -
APPEAL BY APPLICANT (JAMES G.
ROBERTSON) FOR REVIEW OF ZONING BOARD'S
DENIAL OF VARIANCE TO PERMIT 7-STORY
RESIDENTIAL APARTMENT BUILDING AT 2815
TIGERTAIL AVENUE.
24.
CONTINUE FOR 90 DAYS PROPOSED
DISCUSSION
65-67
RESOLUTION TO AMEND THE BAYSIDE SPECIAL
3/24188
CENTER MAJOR USE SPECIAL PERMIT (See
label 40.)
25.
(A) DISCUSSION REGARDING FUTURE
DISCUSSION
67-71
ECONOMIC DEVELOPMENT OPPORTUNITIES OF
3/24/88
COCONUT GROVE EXHIBITION CENTER AND
SURROUNDING PROPERTIES. (B) DISCUSSION
CONCERNING PROPOSED COMMUTER TAX. (C)
REQUEST REPORT FROM ADMINISTRATION ON
BRICKELL PARK.
26. BRIEF REPORT BY CITY ATTORNEY IN DISCUSSION 72
CONNECTION WITH POSSIBLE AMENDMENT TO 3/24/88
COVENANT OF PROJECT LOCATED AT DAY
AVENUE AND CENTER STREET.
27. (A) PRESENTATION IN CONNECTION WITH M 88-271 73-75
OPENING CEREMONIES OF THE AMPHITHEATER R 68-272
AT BAYFRONT PARK (APRIL 15th 17th). (B) 3/24/88
DESIGNATE AREA PROHIBITED TO RETAIL
PEDDLERS DURING PERIOD OF EVENT.
28. (A) DISCUSSION REGARDING PRESENTATION DISCUSSION 75-77
OF THE PROPOSED EDISON CENTER GATEWAY R 88-273
PROJECT. (B) AUTHORIZE EXECUTION OF 3/24/88
AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION RELATING TO MAINTENANCE
OF PLANTS AND PLANTERS, ETC. WITHIN
NON -ROADWAY PORTION OF NW 7TH AVENUE
BETWEEN 58TH AND 64TH STREETS -
AUTHORIZE NECESSARY PERMITS FROM
FLORIDA DEPARTMENT OF TRANSPORTATION.
4
P
29. DISCUSSION REGARDING PROPOSED SECOND
DISCUSSION
READING ORDINANCE - REPEAL ORD. 10273 -
3/24/89
SUBSTITUTE NEW CHAPTER 54.6 IMPOSING
"IMPACT FEE" ON ADDITIONAL DEVELOPMENT.
NO ACTION TAKEN.
30. A) EMERGENCY ORDINANCE: SUSPEND
ORDINANCE
COLLECTION OF CITY'S RIGHTS -OF -MAY
10407
CLEANING FEE FOR 30 DAYS.
M 88-274
B) INSTRUCT ADMINISTRATION TO HOLD
3/24/88
WORKSHOP IN CONNECTION WITH RIGHTS -OF -
WAY CLEANING FEE ORDINANCE ON APRIL 12,
1988.
77-86
89-100
31.
FIRST READING ORDINANCE: ZONING ATLAS
ORDINANCE
100
AMENDMENT TO REMOVE PEDESTRIAN STREET
FIRST READING
DESIGNATION FROM SPI-14 AT
3/24/88
APPROXIMATELY 800-899 S.W. 12TH AND
17TH AVENUES.
32.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
101
CHAPTER 62 (LATIN QUARTER REVIEW
FIRST READING
BOARD) - AMENDING DEFINITIONS,
3/24/88
ESTABLISHMENT, MEMBERSHIP
QUALIFICATIONS, TERMS OF OFFICE REMOVAL
TO MODIFY NUMBER OF ABSENCES, ETC.
33.
FIRST READING ORDINANCE: AMEND CODE
ORDINANCE
101-102
CHAPTER 2 (ADMINISTRATION) - INCLUDE
FIRST READING
THE TITLE: LATIN QUARTER DISTRICT
3/24/88
DESIGN GUIDELINES AND STANDARDS,
ATTACHED AS EXHIBIT E.
34.
FIRST READING ORDINANCE: ZONING TEXT
ORDINANCE
102-103
AMENDMENT OF ARTICLE 15 (SPECIAL PUBLIC
FIRST READING
INTEREST DISTRICTS) - LATIN QUARTER
3/24/88
COMMERCIAL -RESIDENTIAL AND RESIDENTIAL
DISTRICTS SPECIAL PERMITS, SPECIAL
CONSIDERATIONS ON PEDESTRIAN STREET
FRONTAGES.
35.
FIRST READING ORDINANCE: AMEND CITY
ORDINANCE
103-104
CODE ARTICLE II (COMPREHENSIVE
FIRST READING
PLANNING) - PURPOSE AND INTENT,
3/24/88
ESTABLISHMENT OF ADVISORY AND POLICY
BOARDS, ADMINISTRATION, EFFECT AND
PREPARATION OF COMPREHENSIVE
ADMINISTRATION, EFFECT AND PREPARATION
OF COMPREHENSIVE PLAN, TYPES OF PLAN
AMENDMENTS, APPLICATIONS FOR PLAN
AMENDMENT, PROCEDURES AND
RECOMMENDATIONS BY THE PLANNING
DEPARTMENT AND PLANNING ADVISORY BOARD,
ETC.
36.
SECOND READING ORDINANCE: AMEND MIAMI
ORDINANCE
104-105
COMPREHENSIVE NEIGHBORHOOD PLAN -
10408
CHANGE LAND USE DESIGNATION AT 2575
3/24/88
S.W. 28TH STREET (APPLICANTS: RAMON &
CAYETANA FERNANDEZ).
37.
SECOND READING ORDINANCE: ZONING ATLAS
ORDINANCE
105-106
AMENDMENT - 2575 S.W. 28TH STREET
10409
(APPLICANTS: RAMON CAYETANA
3/24/88
FERNANDEZ).
0
0
36.
SECOND READING ORDINANCE: AMEND MIAMI
ORDINANCE
106-107
COMPREHENSIVE NEIGHBORHOOD PLAN -
10410
CHANGE LAND USE DESIGNATION AT 3629-
3/24/88
3631 N.M. 24TH AVENUE (APPLICANT:
NATALIO ASCAR).
39.
SECOND READING ORDINANCE: AMEND ZONING
ORDINANCE
107-108
ATLAS AT 2395 N.W. 36TH STREET AND
10411
3629-3631 N.M. 24TH AVENUE (APPLICANTS:
3/24/88
RENE VELAZQUEZ AND NATALIO ASCAR).
40.
CONTINUE TO JUNE 23, 1988 PROPOSED
DISCUSSION
109
AMENDMENT TO BAYSIDE SPECIALTY CENTER
3/24/68
MAJOR USE SPECIAL PERMIT (SEE LABEL
24).
41.
FIRST READING ORDINANCE: AMEND ZONING
ORDINANCE
109-111
ATLAS, ARTICLE 36 (DEFINITIONS) -
FIRST READING
PROVIDE DEFINITIONS FOR HELIPADS AND
3/24/88
HELIPORTS - AMEND SCHEDULE OF DISTRICT
REGULATIONS, ETC.
42.
FIRST READING ORDINANCE: AMENDMENT
ORDINANCE
112-113
"U" - AMEND ORD. 9500, ARTICLE 20
FIRST READING
(GENERAL AND SUPPLEMENTARY
3/24/88
REGULATIONS) - ACCESSORY USES AND
STRUCTURES, PERMANENT ACTIVE RECREATION
FACILITIES AS ACCESSORY USES IN
RESIDENTIAL DISTRICTS, SPECIAL PERMITS,
ETC.
43.
CONTINUE TO APRIL 28, 1988, PROPOSED
DISCUSSION
114-115
FIRST READING ORDINANCE TO AMEND ORD.
3/24/86
9500, ARTICLE 36 (DEFINITIONS) -
PROVIDE DEFINITION FOR AUTOMOBILE
WRECKING YARD, ETC.
44.
FIRST READING ORDINANCE: AMENDMENT "S-
ORDINANCE
115-116
2" - AMEND ORD. 9500 (OFFICIAL SCHEDULE
FIRST READING
OF DISTRICT REGULATIONS IN "PRINCIPAL
3/24/88
USES AND STRUCTURES", "RG-1 GENERAL
RESIDENTIAL (ONE- AND TWO-FAMILY" -
LIMIT NUMBER OF DWELLING UNITS TO TWO,
ETC.
45.
A) APPROVE PRELIMINARY RECOMMENDATIONS
R 68-275
116-127
IN COMPREHENSIVE TRAFFIC STUDY OF
M 88-275.1
COCONUT GROVE (CONSULTANTS: TRANSPORT
3/24/88
ANALYSIS PROFESSIONALS, INC.). WITH
CERTAIN EXCEPTIONS.
B) DIRECT ADMINISTRATION TO HOLD
PUBLIC HEARING ON PROPOSED CLOSURE OF
STREETS IN CONNECTION WITH COCONUT
GROVE TRAFFIC STUDY.
• 0
MIMITES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 24th day of March, 1988, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 3:37 p.m. by Mayor Xavier Suarez with
the following members of the Commission found to be present:
ALSO PRESENT:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
Walter J. Foeman, Assistant City Clerk
An invocation was delivered by Mayor Suarez. Vice Mayor Kennedy then
led those present in a pledge of allegiance to the flag.
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1. PRESENTATIONS, PROCLAMATIONS AND SPECIAL ITEMS.
1. Proclamation in celebration of the 66th Anniversary of Social Work and
declaring the month of March, 1988, as Social Work Month.
2. Certificates of Appreciation were presented to the following individuals:
Jacqueline M. Nansen, selected as Social Worker of the Year; Tom
Corriher, FIU, selected as Student Social Worker of the year; Brother
Paul Johnson, selected as Citizen of the Year.
3. Certificates of Appreciation were presented to the five member loan
committee for their capable management of the emergency loan program.
Committee member and recipient Lori Weldon also accepted Certificates on
behalf of Edward Duffie, Chairperson -Vice -President, Capital Bank; Doris
Reed, Administrator, Miami -Carol City Senior High School; Johnnie
William, businessman; and Lawrence Crawford, Principal, Poinciana Park
Elementary School.
4. Special Recognition to Coach Ernie Bell and members of the Carol City
High School basketball team for winning the State basketball championship
title. Certificates of Appreciation will be presented to the team at the
April 14, 1988, City Commission meeting.
1 March 24, 1988
• 0
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2. wUTnvrkI4k. mIAMI SPORTS AND EXHIBITION AUTHuRITY TO MAKE PAYMENT TO MIAMI
CENTER ASSOCIATES FOR PROJECT COSTS AND IMPROVEMENTS IN THE NEW EXHIBIT
HALL AT MIAMI CONVENTION CENTER - SUBJECT TO CERTAIN REQUIREMENTS.
------------------------------------------------------------------------------
Mr. Plummer: Are we open for pocket?
Mayor Suarez: Commissioner, any emergency matters?
Mr. Plummer: Yes, it's a small emergency for the man who's the recipient. A
resolution authorizing the Miami Sports and Exhibition Authority to make
payment to Miami Center Associates, Ltd. for $2,900,000 for project costs and
improvements of the new Exhibition Hall at the Miami Convention Center subject
to the City Manager's and said Authority's satisfaction that the requirements
set forth in the executed amendment No. 2 between the City of Miami and Miami
Center Associates, Ltd. have been substantially met and retaining $100,000 to
ensure the completion of the project punchlist and a satisfactory audit. I so
move, Mr. Mayor.
Mayor Suarez: So moved. Do we have a second?
Mrs. Kennedy (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. 88-259
A RESOLUTION AUTHORIZING THE MIAMI SPORTS AND
EXHIBITION AUTHORITY TO MAKE A $2,900,000 PAYMENT TO
MIAMI CENTER ASSOCIATES, LTD. FOR PROJECT COSTS AND
IMPROVEMENTS OF THE NEW EXHIBIT HALL AT THE MIAMI
CONVENTION CENTER; SUBJECT TO THE CITY MANAGER'S AND
SAID AUTHORITY'S SATISFACTION THAT THE REQUIREMENTS
SET FORTH IN THE EXECUTED AMENDMENT NO. 2 BETWEEN THE
CITY OF MIAMI AND MIAMI CENTER ASSOCIATES, LTD. HAVE
BEEN SUBSTANTIALLY MET, AND RETAINAGE OF $100,000 TO
ENSURE THE COMPLETION OF THE PROJECT PUNCHLIST AND A
SATISFACTORY AUDIT.
(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.
2 March 24, 1988
-------------------------------------- ---------------- -------- ------------ ----
3. CONDOLENt.na 'iv ink rftMIL1 AnD rnithvb OF MR. EUGENE C. FERRI, JR.
Mr. Plummer: Mr. Mayor, I would like to announce once again as I have by memo
to all of you that I will have to leave here this evening. A very dear and
lifelong friend of mine who was a very good friend of this City and a good
friend of a lot of us here passed away yesterday, Mr. Gene Ferri and this
evening are the services and in this particular case unique, I'm not only the
funeral director but a very, very close personal friend for the lifetime. We
went to Peter and Paul together, all through Miami High and even our families
were close in Key West. In lieu of that, Mr. Mayor, I would like to also
offer a resolution at this time sending the City's condolences to the family
in honor and memory of a man who loved his community and will be sorely missed
and I so move.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Second. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-260
A RESOLUTION EXPRESSING DEEPEST SYMPATHY AND SINCEREST
CONDOLENCES OF THE CITY COMMISSION ON BEHALF OF THE
CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF EUGENE C. FERRI, JR. UPON HIS DEATH.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
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.
------------------------------------------------------------------------------
4. DIRECT MANAGER TO ENSURE THAT BALTIMORE ORIOLES WILL REMAIN IN THE CITY
OF MIAMI.
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor...
Mayor Suarez: Commissioner.
Mr. Dawkins: I have two pocket items. I'd like to pass a resolution, not a
resolution but I'd like to suggest that we go on record informing the Manager
that whatever the hell it takes to keep the Baltimore Orioles here that we do
it. I don't care how or what and I'm pretty sure that we can get enough
community support to help us to do whatever has to be done. Now, we got
criticized for not subsidizing Joe Robbie, I have no problems with that and I
enjoy being criticized for it...
Mr. Plummer: No further subsidy.
3 March 24, 1988
Mr. Dawkins: Yes, that's right, I have no problems with that but the Orioles
have never taken adventagp of ncr '-^ve of t►-ey and I think that whatever
has to be done should be done even if it means taking the property that we
have behind the present stadium, pushing down our buildings that's being used
by the county and building the type of a facility and training ground that's
needed. I'd like to see us be about the business of doing it.
Mayor Suarez: So moved. I think it's a - without being a blank check, I
think it's a statement of intent that we feel very strongly about doing
everything in our power.
Mr. Odio (OFF MIKE): Don't worry, we don't have any money in the bank so you
can't...
Mr. Dawkins: Well, see, I keep hearing that but you find money for every damn
thing else and I think that with community support...
Mr. Odio: No, I was joking, Commissioner.
Mr. Dawkins: OK, but I think that - oh yes, I know, but with community
support, Mr. Manager, if we get enough... I mean Southeast Bank will give us
$25,000...
Mr. Odio: No, no, wait, we have...
Mr. Dawkins: Or International Hotel will give you $25,000...
Mr. Plummer: What about the Chamber of Commerce?
Mr. Odio: Maybe I should brief you.
Mr. Dawkins: Yes, what about them?
Mr. Plummer: Yes, the Chamber of Commerce, I'm sure, would love to see them
stay here and should come up with at least $100,000.
Mr. Dawkins: Well, after we get them here and get them here then the Chamber
will take credit for it. We don't, I mean, we're on a - you know. Once get
them and satisfied then the Chamber will come up and say, we, the Greater
Chamber of Miami got the Baltimore Orioles to stay here.
Mr. Plummer: Well, you know, if they come up with their $100,000, the old
adage is still true, money talks and the other walks.
Mr. Dawkins: Go ahead, Mr. Manager.
Mr. Odio: We are in constant touch with the Orioles. I was surprised to read
some story this morning in the papers. I believe that Bennett Williams had
not received the latest call from the architect. The architect that works for
the Orioles in Kansas City has informed us yesterday that - two days ago that
they needed 900 feet wide on the field in Grapeland. We are prepared to do
that, we know how to do it. We notified the architect that we're willing to
do that and hopefully that will get back to Mr. Williams. I also received a
call from Buck Flanagan who works for Mr. Williams. He's coming down next
week. We're going to go to Grapeland Park and we're going to walk the area
and to see if that satisfies, if that's not...
Mr. Dawkins: OK, let my office know when he's coming and when you're going to
walk. I'd like to be a part of that delegation walking.
Mr. Odio: If Grapeland Park was not satisfactory, at that point then we're
looking at two other sites. One being Watson Island as a possibility as to
put...
Mr. Dawkins: Well, throw that out. Don't even - see, don't think about
impossibilities, OK?
Mr. Odio: Well, it is not impossible.
Mr. Dawkins: The first thing you got to do because we passed a resolution is
go before the voters to do something with Watson Island. So let's don't
even - I mean let's don't...
4 March 24, 1988
•
Mr. Odio: OK, fine, that's why I'm bringing it up because we were looking at
that...
Mr. Dawkins: Well, don't bring it up because we have to go before the voters
and the Baltimore Orioles cannot wait till the voters say yes.
Mr. Odio: OK. The other site that we have, I'm talking about the sites that
we could fit what they want is Virginia Beach area where the softball field...
Mr. Dawkins: Why we can't fit it behind the...
Mr. Odio: No, sir. it doesn't meet their requirements. They need four
baseball fields.
Mr. Dawkins: And from 20th - what is that, 29th Street?
Mr. Odio: I can show...
Mr. Dawkins: Wait a minute, no, no, no, from 29th Street all the... 28th
Street all the way up to the stadium where you have all those flea markets,
you can't put four baseball fields in there?
Mr. Odio: No, sir. We don't have an outline, we only have seven...
Mr. De Yurre: It's not wide enough.
Mr. Dawkins: Beg your pardon?
Mr. Odio: We have seven - we don't own the property, we only have seven...
Mr. Dawkins: Why you don't own it?
Mr. Odio: We only have seven and a half acres that we own. We need 25 acres.
Mrs. Kennedy: How many acres do you...
Mr. Dawkins: Who owns the rest of it?
Mr. Odio (OFF MIKE): People there, I don't know.
Mr. Jack Eads (OFF MIKE): Various property...
Mr. Odio: Various property owners. We only own seven and a half acres. We
need 25 acres minimum. They want fifty. And we're trying to convince them to
got with 25 at Grape...
Mr. Plummer: Well, let me give you a wild thought and this comes from the
committees that I've sat on. Why don't you talk with the FEC at Buena Vista
Yards for a lease and take them off the tax rolls. They have almost 62 or 63
acres there that have sit vacant and is an eyesore. Maybe if you enter into a
lease with them, they might want to consider a dollar a year and being taken
off the tax rolls.
Mr. Odio: OK, I'll look into that one.
Mr. Plummer: There's plenty, that's the biggest tract of undeveloped land in
this City. I think it's worth exploring and sitting down with Roger Berretta
and talking about it.
Mr. Odio: We will, we will. I want to look at every possibility but the
first one that we want is Grapeland because once you develop that into a minor
league facility the kids in the City will benefit.
Mayor Suarez: Mr. Manager, you don't object to the motion as stated?
Mr. Odio: No.
Mayor Suarez: Thank you.
Mr. Plummer: As stated?
5 March 24, 1988
Mayor Suarez: Do we have a second?
Mr. Plummer: Everything humanly possible. s- _r.d .:gat.
Mr. De Yurre: That sounds good.
Mr. Plummer: Yes. I can go along with that.
Mayor Suarez: Very good, anything humanly possible.
Mr. De Yurre: Let me tell you, Grapeland Park looks really good.
Mr. Dawkins: And that says Godly possible, let's pray for that too.
Mayor Suarez: Right.
Mr. Plummer: Short of writing a check.
Mr. De Yurre: You know I was... Mr. Mayor, I was sitting with Mr. Odio a
moment ago and Jack and we're going over the plans and the Grapeland Park has
everything you could want. You know, I don't see any reason why the Orioles
as it's being presented and I've seen it, why they would object to it. They
got the clubhouse, they've got the fields that they want and whatever, you
know... if we're talking about whatever it takes within reason, we are able to
give them, within reason, all that they need right in that park and they're
close to hotels, you know, there are a number of hotels right on Le Jeune to
facilitate their headquarters and I think it's an ideal situation.
Mr. Dawkins: OK, well I agree perhaps to a point, but I'm not about to tell
the president of the Orioles what his needs are. Now, if you offered it to
him and he said it doesn't meet his needs, I accept that it doesn't meet his
needs. OK? All right.
Mr. Eads: Commissioner, I'm not real sure that's what's happened. They
wouldn't be coming down here to look at Grapeland.
Mr. Dawkins: The Miami Herald does not lie. The Miami Herald said it doesn't
meet his needs. I'm sorry, Mr. Mayor, go ahead. OK.
Mr. Plummer: Boy!
Mayor Suarez: We have one - I'm sorry, call the roll on that.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-261
A MOTION OF THE CITY COMMISSION DIRECTING THE CITY
MANAGER TO TAKE WHATEVER STEPS ARE NECESSARY IN ORDER
TO KEEP THE BALTIMORE ORIOLES (AMERICAN LEAGUE
BASEBALL TEAM) HERE IN MIAMI; FURTHER DIRECTING THE
MANAGER TO FIND APPROPRIATE MINOR LEAGUE TRAINING
FACILITIES, AS REQUIRED BY SAID TEAM.
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.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Am I voting on The Miami Herald doesn't lie? Just on Grapeland.
Yes, I'll vote yes. Because the other one's yes also.
6 March 24, 1986
• 0
------------------------------------------------- -----------------------------
S. STATE CITY COMMISSION'S POSITION THAT IT HAS NO INTENTION TO GRANT OR
GIVE UP ANY OF ITS PUBLIC FACILITIES TO METROPOLITAN DADE COUNTY.
------------------------------------------------------------------------------
Mayor Suarez: We've scheduled only one personal appearance today and it's on
a public matter that Murray Dubbin would like to address us on. But before I
do that, let me ask the Commission if they want to take any action at least by
way of a resolution in principle on the issue of public facilities trust. As
you know, there's been a lot of talk about this in the newspapers. Miami Beach
City Commission seems to have a problem with their facilities and is looking
to figure out a way they can pass them over to some countywide authority.
Whether we take any position on that or not, they have proposed certain
legislative changes and I think that before I go any further in dealing with
those issues, that I ought to consult the Commission as to whether my
statements, so far, made publicly to the affect that for myself, I don't see
the City of Miami at this point being particularly interested in passing any
of our public facilities to any countywide agency whether the Commission feels
the same about that. Now, without going into the details of it, I would like
to ask the Commission how you feel about that because the legislative session
is coming around very quickly and if you're disposed to contemplate giving any
of our facilities into a public or private or quasi private agency at a
countywide level, I would like to know that. I don't even have to tell you
how I feel about it, because I guess everybody knows by now.
Mr. Dawkins: Well, to show you what I feel about it, I'm not voting to create
no nine member committee, because no nine member committee need to tells me
that I'm not giving them anything.
Mrs. Kennedy: That's right, same here.
Mr. Plummer: Mr. Mayor, I don't express an opinion one way or the other.
Unfortunately, today...
Mr. Dawkins: That's what The Herald said this morning, you don't.
Mr. Plummer: The hell with The Herald.
Mr. Dawkins: The Herald said you, OK... they say you don't take no position
one way or the other.
Mr. Plummer: That's their problem. This is the first that I've seen in a
document which was just handed to me about a half hour ago.
Mayor Suarez: Yes, I'm not asking you to vote on any particular document, I
just want a feel of the Commission as to how you feel on this because of the
approaching legislative session.
Mr. Plummer: Well, let me go into the record. You know, it depends on the
scope of the picture in my estimation. I would love to be relieved of 4 and
one half to S million dollars of subsidy a year on the Knight Center. That's
for one. There are other facilities in this City that lose money, yet there
are facilities that do make some money. Now, are they going to take just the
money making facilities and leave us with the rest? That's why I say I'd like
the opportunity to read this thing over and I would reserve my comments until
such time as I find out what in depth is actually being proposed and so I'm
not prepared at this time to make a statement.
Mayor Suarez: Anyone else, Commissioner De Yurre?
Mrs. Kennedy: Do we have to take action today?
Mr. De Yurre: I'd like to get a copy of what you've got.
Mr. Plummer: Oh, well, it was just handed to me - Mario.
Mrs. Kennedy: Mr. Mayor, do we have to take action?
7 March 24, 1988
• 0
Mayor Suarez: I'm not asking you to take any action on the memo that was
handed to you for the reason that it was...
Mr. Dawkins: I make a motion that this Commission go on record informing the
county that we've given them land for the seaport, we've given them per -mission
to bring all their tonnage from the port on our streets and we get nothing in
return and we're not going to give them the Orange Bowl because they gave Joe
Robbie a stadium and they didn't give us nothing so I'm not in favor of
turning nothing over to the county and here's one vote on this Commission will
tell you now, it's no now and forever.
Mr. Plummer: That's a long time.
Mr. Dawkins: That's right. Oh, you're right, as long as I am a Commissioner
because in '89 I may not be the Commissioner.
Mayor Suarez: OK.
Mr. Dawkins: But if I am, it will still be no in 189.
Mayor Suarez: If no one else seconds the motion, I'll second it because
that's...
Mrs. Kennedy: Sure, I'll second it.
Mayor Suarez: OK, Commissioner Kennedy. That doesn't mean that we don't -
we're not open to other possibilities as they come along but as of now, I...
Mr. Dawkins: And it doesn't mean that the Commission doesn't have three votes
to do it, it's just saying that I will not vote for it, that's all.
Mayor Suarez: Right, exactly.
Mr. De Yurre: say that we're predisposed...
Mayor Suarez: Commissioner De Yurre.
Mr. De Yurre: ... not to give anything, that's basically it right there.
Mr. Plummer: Well...
Mayor Suarez: Do you have a problem with that, J.L., at this point?
Mr. Plummer: I'm going to vote no...
Mayor Suarez: I mean, you can always change your mind.
Mr. Plummer: No, I'm going to vote no, Mr. Mayor, and I've expressed myself
on the record.
Mr. Dawkins: So what, that's one vote. That's what you're arguing for,
that's one vote.
Mayor Suarez (OFF MIKE): Just to see if I
Mr. Plummer: It's not that I'm negative, it's the idea that I have not seen
the full scope of the picture and I would like to see such before I make a
decision
Mayor Suarez: OK.
Mr. Dawkins: So?
Mayor Suarez: Yes, there will be all kinds of issues in terms of the funding
and that's always the interesting aspect. The other side of the coin on all
of this but I, you know, as a matter of principle that Commissioner Dawkins
says, I'm not particularly predisposed to give up any of our facilities. Call
the roll on the motion.
Mr. De Yurre: We give up our sky box too?
Mayor Suarez: Sky box, give up your car? Call the roll.
8 March 24, 1988
• 0
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 88-262
A MOTION OF THE CITY COMMISSION GOING ON RECORD AND
STATING ITS POSITION THAT SINCE IT HAS GIVEN LAND TO
METROPOLITAN DADE COUNTY FOR A SEAPORT, AND SINCE IT
HAS ALSO GRANTED PERMISSION TO THE COUNTY TO BRING THE
TONNAGE FROM THE PORT INTO OUR CITY'S STREETS, THAT
THE CITY OF MIAMI WOULD NOT BE PREDISPOSED TO GIVE UP
ANY OF ITS PUBLIC FACILITIES TO METROPOLITAN DADE
COUNTY.
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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
COMMENTS DURING ROLL CALL:
Mr. Plummer: For the statement made, my vote is no.
------------------------------------------------------------------------------
6. DISCUSSION CONCERNING THE CREATION OF THE PERFORMING ARTS CENTER
COMMITTEE TO EXPLORE THE POSSIBILITY OF CONSTITUTING A PERFORMING ARTS
COUNCIL FOR THE CITY OF MIAMI.
------------------------------------------------------------------------------
Mr. Plummer: Mr. Mayor, may I ask please...
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: ... I have read in the paper about a committee which you have
formed that once again I would like to be, myself, informed on from the
standpoint of what's going on and that is in reference to the Performing Arts
Center. I saw a statement in the paper in which this City, according to your
statement, this is - I'm not causing a problem is giving $25,000,000
commitment and yet I've not seen a paper cross my desk knowing what is, in
fact, of going on.
Mayor Suarez: No such commitment. The only thing that I have informed the
Council for the Arts of the county and for which I have asked Commissioner
Kennedy to serve on an exploratory committee...
Mr. Plummer: Right.
Mayor Suarez: ... is that at one point, this Commission went on record, it
was about a year ago, I guess, as saying that we might very well be interested
in providing land for a performing arts facility as envisioned by this
committee...
Mr. Plummer: Yes, when...
Mayor Suarez: ... and, by the way, I have mentioned to them that the land
that was specifically mentioned at the time is Watson Island, was Watson
Island, but that I felt that this Commission, at that time at least, had a
consensus that we might very well interested in giving the equivalent of
$25,000,000 in land if we happen to own that land. We don't have $20,000,000
in cash unless...
Mr. Plummer: Mr. Mayor, I'm not going to...
9 March 24, 1988
•
Mayor Suarez: That's all that was meant, there was no...
Mr. Plummer: I don't mean to take up your time today, I'm merely asking that
you send whatever we can so that I, for one, can be informed of what's going
on. That's all I'm asking.
Mrs. Kennedy: OK.
Mayor Suarez: Yes, and the committee has not, I don't think, actually acted
In any way yet or made any recommendations but I'm sure as soon as they do, it
will come back to this Commission.
Mr. Plummer: Fine.
Mrs. Kennedy: Let me just state for the record that as a member who serves on
that committee, we have not addressed the issue of funding at this point.
There's just a commitment from the private sector to raise $25,000,000.
Mr. Plummer: Super.
Mrs. Kennedy: But again, anything we do will come to this board.
Mr. Plummer: Thank you.
Mayor Suarez: Any meetings that I have attended, formally or informally, of
any of those committees, I've always said I'm speaking as one member of a five
member Commission. I've tried to reflect what I know to be the consensus of
the Commission as stated in the past but, for example, in a lot of those
meetings in the past when we talked about Watson Island, Commissioner De Yurre
was not on this Commission so I don't know, as of yet, what his - and I've
told them that but, you know, we...
7. A) REMIND CITY ADMINISTRATION TO INFORM THE COMMISSION AS TO EACH AND
EVERY PRINCIPAL OR MEMBER OF CORPORATIONS INVOLVED IN CITY CONTRACTS.
B) ENQUIRE OF CITY ADMINISTRATION WHY SOLID WASTE DUMPSTERS STILL NOT
PURCHASED.
------------------------------------------------------------------------------
Mrs. Kennedy: Mr. Mayor, before we start, let me just instruct...
Mayor Suarez: Madam Vice Mayor.
Mrs. Kennedy: ... the City Manager that every contract from now on that is
awarded the $4500, that does not need Commission approval. I'd like to know
who the principals of the corporations are.
Mr. Odio: That does not or does?
Mrs. Kennedy: That does not, the ones that do not come to us...
Mayor Suarez: Even the ones below $4500?
Mr. Odio: OK, yes ma'am.
Mrs. Kennedy: ... I would like to know who are the principal investors.
Mr. Odio: Yes, Commissioner.
Mr. Dawkins: You don't have to do that, Commissioner Kennedy because I've
been telling them for six months to go out and buy some dumpsters, containers,
for $4500 and the Manager hasn't done it yet. You see, whatever they want to
do, they do it and bring it up here after the fact and tell you it was an
emergency, we had to do it. Now, for six months they have not found it an
emergency to purchase me some dumpsters. See, so it's selective in an
emergency purchases.
Mr. Odio: No, we already issued - when you told me that day, Commissioner...
10 March 24, 1968
• 0
Mr. Dawkins: Teo.
W. n0440: the purchase order went out the same day. I'll give you...
Mr. Dawkins: Yes, but...
Mayor Suarez: Does that mean in layman's terms, does that mean that we've
bought them?
Mr. Odio: Yes, sir.
Mayor Suarez: The purchase order went out that day.
Mr. Odio: Was issued the same day that the Commissioner called my attention
to it.
Mayor Suarez: That means we have them?
Mr. Dawkins: No.
Mayor Suarez: Or they're on their way?
Mr. Odio: They have to be delivered.
Mayor Suarez: From Siberia or?
Mr. Odio: Well, wherever they build them, I don't know.
Mr. Dawkins: Yes, about Siberia, yes.
------------------------------------------------------------------------------
8. A) ALLOW BIOMEDICAL RESEARCH AND INNOVATION CENTER (BRIC) TO CONTINUE TO
LEASE CITY SPACE AT MUNICIPAL JUSTICE BUILDING.
B) INSTRUCT ADMINISTRATION TO FIND ALTERNATIVE OFFICE SPACE FOR USE BY
THE LIGA HISPANA CONTRA SIDA (AIDS).
Mayor Suarez: Murray, you've got actually item fourteen but it's a matter of
interest to the City, it's not your personal item, I presume.
Mr. Dawkins: Fourteen.
Mayor Suarez: You've got to be some place.
Mr. Murray Dubbin: Thank you, Mr. Mayor, members of the Commission. May I
request that this be distributed? I'm here on behalf...
Mayor Suarez: Kind of interesting to get a status report on BRIC and what's
going on.
Mr. Dubbin: That's what I'm here to talk about. BRIC, it stands for
Biomedical Research and Innovations Center and I'm now acting president of the
organization by default. The original president, Dean Hopkins from FIU, was
required to resign as such and the organization continues in effect. It's a
nonprofit, tax free organization that's created to operate research and
incubation center presently in effect on City property. As you...
Mayor Suarez: The emphasis on biomedical, biotechnical, bio-engineering.
Mr. Dubbin: Almost exclusively, that's correct. And it was designed to
attract and serve the burgeoning biomedical engineering industry here in
Miami. And, of course, it was set up...
Mr. Dawkins: What's fourteen? What fourteen is that?
Mr. Dubbin: That's item fourteen.
Mrs. Kennedy: BRIC.
11 March 24, 1988
• 0
Mr. Dubbin: The organization... what's being handed out to you is a letter I
sent to Cesar Odio outlining the status, as of January of 1988, and that
etat+te I* .mirh the same right now, only a couple of months later. FIU was
required to withdraw as a sponsor. The City of Miami - and instructed City of
Miami that it had to withdraw and cancel the lease. The City of Miami
Instructed BRIC, which was then me, to notify the tenants that they had to
leave, which I of course have done. The tenants, namely the incubatees, are
prepared to leave on the 31st of March if, in fact, we can't obtain some type
of an extension for them. The tenants, we call them incubatees. Basically,
they consist of faculty members from the University of Miami engaged in the
sciences. Well, one of the incubatees is developing an improvement to
artificial hearing...
Mayor Suarez: Well, Murray, if I may draw a distinction now, some of the
incubatees, to use the term, were private sector, strictly entrepreneurial
entities. They're functioning elsewhere, presumably. I remember we had an
announcement of three of those that were incubated at the facility and those,
presumably, are not on site, right?
Mr. Dubbin: No, they're still there.
Mayor Suarez: On site?
Mr. Dubbin: Oh yes, that's the artificial hearing people, the imaging
people...
Mayor Suarez: And each one of those has a faculty attached to it or not
necessarily?
Mr. Dubbin: Each one of them, in fact, are faculty members who have come up
with biomedical engineering ideas and they're utilizing the space to develop
those ideas and ultimately, hopefully, develop them into a marketable item
which they'll manufacture in the City. That was the original idea and to
employ people and perform a public service that way. Any event, they're still
there, there are four of them. We've had requests for an awful lot of very
promising additional entrepreneurs with ideas, that they have inventions that
they're working on, who would like to come into the facility. The facility
right now consists of 2400 square feet located at 1145 N.W. llth Street which
is your Municipal Justice Building.
Mayor Suarez: And it's one of the properties that we've been considering
selling.
Mr. Dubbin: That's correct, that's correct and...
Mayor Suarez: Is that the issue that we have to consider, is that...
Mr. Dubbin: The thing to consider...
Mr. Odio: Hold it, hold it.
Mr. Plummer: At the last meeting you will request there was a group that came
here and wanted to open a center for AIDS and we asked, was there a facility
available and at that time, the Manager informed us that that facility was not
being used and we gave it to them.
Mr. Dawkins (OFF MIKE): What facility?
UNIDENTIFIED SPEAKER (OFF MIKE): Do we didn't.
Mr. Odio (OFF MIKE): We didn't give it to them.
Mayor Suarez: No, I don't think we acted to give it to anybody.
Mr. Dawkins: What facility?
Mr. Plummer: At the old police station?
Mrs. Kennedy: 1145 N.W. llth Street is the property...
Mr. Odio: That was not given to the AIDS people, no.
12 March 24, 1986
Mr. Plussmer: Isn't that the old police station?
Mr. John Gilchrist: ?t's the Justice Building.
Mr. Plummer: The old police station.
Mrs. Kennedy: Yes, but we didn't give it away.
Mr. Gilchrist: And City Court. It's not too old because the county still has
prisoners in the upstairs.
Mr. Plummer: Upstairs.
Mr. Gilchrist: Right.
Mr. Plummer: But there was a group here who were from an AIDS group.
Mr. Odic: The AIDS people are being placed at the Artime Center on...
Mr. Plummer: No, sir...
Mr. Odio: Yes, sir.
Mr. Plummer: ... that was not what the instructions of this Commission were.
Mr. Odio: You told us to find him a place.
Mr. Plummer: No, sir, we did not.
Mr. Odio: I would like to get a copy of the motion.
Mayor Suarez: Well, let's find out.
Mr. Plummer: Then you get a copy of the minutes because we were told that
this facility was not being used.
Mr. Odio: No, sir.
Mayor Suarez: Well, I think if that was said, it...
Mr. Odio: You instructed us to find a place for the AIDS people and...
Mr. Plummer: We said to find...
Mayor Suarez: Mr. Manager, I think at some point the statement was made that
we had no City departments in here but that's it...
Mr. Odio: We don't...
Mayor Suarez: ... I mean that there's still a BRIC contract which expires
when?
Mr. Gilchrist: It expired a while back, sir.
Mayor Suarez: It already expired so theoretically, there's no one there, J.L.
Mr. Plummer: Yes, that's...
Mrs. Kennedy: No, no.
Mr. Dawkins: Hold on before...
Mr. Gilchrist: No, that's not true.
Mr. Dawkins: Point of information.
Mr. Gilchrist: It expired...
Mr. Dawkins: Point of information.
Mayor Suarez: Commissioner Dawkins.
13 March 24, 1988
Mr. Dawkins: Was a space given to the AIDS group period?
+o" I# rem—ber 'ny s>>ch. Are y�,u going to find that out, Mr.
Manager, while we try to figure out....
Mr. Dawkins: No, no, no, no, they know. Give me the answer.
Mayor Suarez (OFF MIKE): But let's go ahead and talk about this property,
it's got nothing to do with this property.
Mr. Dawkins: Yes it does, the hell it...
Mr. Plummer: Yes, because the people...
Mr. Dawkins: Mr. Manager, will somebody over there tell me if you offered a
space to the AIDS group?
Mr. Odio: We did, sir, at the Artime Center.
Mr. Dawkins: All right, what space did you offer them?
Mr. Odio: At the Artime Center on...
Mr. Dawkins: All right and what happened?
Mr. Odio (Off and on mike): What happened, Frank, are they using it?
Mr. Frank Castaneda (OFF MIKE): They are preparing to move.
Mayor Suarez (OFF MIKE): It's got nothing to do with this......
Mr. Dawkins: The hell it does - wait a minute, now leave, yes it does, what
happened? It's got a lot to do with this, Mr. Mayor, I'll show you how in a
minute.
Mayor Suarez: All right.
Mr. Odio (OFF MIKE): Put it on the record, put it on the record.
Mr. Frank Castaneda: What happened in relation to what?
Mr. Dawkins: Was this, OK... somebody, you tell him in Spanish because he
don't understand English, OK?
Mr. Plummer: Can I get a copy of the minutes, please?
Mr. Dawkins: All right, what happened is...
Mr. Plummer: That is not what we said and that neighborhood is...
Mr. Dawkins: ... did anybody offer space for the AIDS program any place?
Mr. Odio (OFF MIKE): At the Artime Center.
Mr. Dawkins: That's right.
Mrs. Kennedy: At the Artime Center was a hotline.
Mr. Dawkins: All right, then you offered it to them.
Mr. Odio: Yes, sir.
Mr. Dawkins: What happened? Why aren't they going in there?
Mr. Frank Castaneda: Well, right now they're trying to get insurance to get
in there and there's some complaints from some people about having people like
that but we are...
Mr. Plummer (OFF MIKE): Well, let me tell you something...
Mr. Dawkins: All right, to now, those people don't want it but you're going
to put it on 20th Street in my neighborhood. I don't want them either!
14 March 24, 1988
Mr. Odio: No, sir, no, sir, we're not.
Mr. Plummer: No, no, no. No, no, no, it's going on...
Mr. Dawkins: Oh yes, yes, yes!
Mr. Plummer: It's on 1st Street and 9th Avenue.
Mr. Dawkins: No, no, wherever - it's my neighborhood, it's the ghetto. I
don't want them either. Just because it's the ghetto, I don't care! If one
section, of this community may they don't want them, I don't want them either.
Mr. Odio: You told me that but the only...
Mr. Dawkins: Yes, but I didn't tell the Commission, I told you. The Sunshine
Law say I have to tell them here. OK.
Mr. Odio: The only offer that we have made to them is 1st Street.
Mr. Dawkins: No, no, no. I don't want... I know, you just told me what offer
you offered. You offered them the Artime Center.
Mr. Plummer: That was not the instructions.
Mr. Dawkins: And some of the community say they did not want it so,
therefore, you're offering them another space.
Mr. Plummer: No, it was not. You told us this space was not being used.
Mr. Dawkins: That's fine, I'm saying on 20th Street in my neighborhood, I
don't want them either.
Mrs. Kennedy: But we told them to find them a place.
Mr. Dawkins: So now where are you going to put... now you find another area
that wants them.
Mayor Suarez: OK, Mr. Manager, if...
Mr. Dawkins: Nobody wants to help AIDS any more than me, but not at my
expense.
Mayor Suarez: If those instructions are clear, we can proceed to figuring out
what, if anything, is being done with this space. I thought I saw a
municipal...
Mr. Odio: Let me say some...
Mr. Dawkins: I don't care what's being done with it, we're not going to put
no AIDS people there!
Mayor Suarez: That's...
Mr. Dawkins: Nov that's why I tell you, that's why I'm telling you it's
related.
Mayor Suarez: Assuming that's the case, but let's see what has been happening
there.
Mr. Dawkins: All right, hold it, hold it, hold it, I make a motion...
Mayor Suarez: What do you want to do, do you want to make a motion?
Mr. Dawkins: I make a motion that if anybody in the City of Miami was
offered, I mean, turned down this group within the City of Miami, that I be
allowed to turn it down for my neighborhood. That's my motion.
Mr. Plummer: But they were not turned down before.
Mr. Dawkins: They were.
15 March 24, 1988
Mr. Plummer: No, they weren't.
Mrs. Kennedy: Well, let me just say _n '`•= --- ='-
Mr. Plummer: They came here... Miller, Miller, they came here first...
Mrs. Kennedy: ... that my office checked the minutes, it was not a treatment
center, it was a direct hotline. We instructed the administration to find
them a place and the place was the Artime.
Mr. Plummer: That is not ...
Mayor Suarez: OK, does anybody have a...
Mr. Plummer: I'm sorry, now, you know, my memory might not be good, but I
distinctly remember...
Mayor Suarez: What difference does it make what we did last time, J.L.? Do
you have a problem with the Artime Center as a referral center for them?
Refer location.
Mrs. Kennedy: It's a referral only, it's not treatment.
Mr. Odio: I don't have a problem. We recommend - that's the only place we
have.
Mr. Plummer: Well, let me tell you, that neighborhood does.
Mr. Odio: Well then, Commissioner...
Mr. Dawkins: That's right.
Mr. Plummer: And I went there yesterday and I got my hair pulled out and I
said that has nothing to do with the City because the City put them in the
police station. And now you're telling me those people over there were right
and I was wrong.
Mr. Odio: Yes, sir.
Mr. Plummer: And I'm telling you I want to see the minutes because I
distinctly remember you telling us that that space in the police station was
not being used and we said, fine, put them over there and there would be no
problem. Let's get the minutes.
Mr. Dawkins: OK, empty, full or burned down, there will be no AIDS project
over there.
Mayor Suarez: Over where?
Mr. Dawkins: In that jail if I have to break the law and get the brothers out
there and burn it down. We just aren't going to let you just run over our
neighborhood!
Mrs. Kennedy: Even if it is not treatment?
Mr. Dawkins: I wouldn't give a damn, I'm not going to let you sit up here and
railroad something in my community that nobody else want!
Mrs. Kennedy: OK, does this Commission have any...
Mr. Dawkins: OK, how many and if I get out voted up here, I'll go to the
community.
Mrs. Kennedy: Does this Commission have any problem with a direct hotline?
Mr. Plummer: What does that mean?
Mrs. Kennedy: For people - it's a referral center for people to call.
Mr. Plummer: Well, they can do that in the police station, they can do that
anywhere, if it's just a diverting of a phone call.
16 March 24, 1988
Mayor Suarez: That's why I asked if we had any problem it being done in the
Artime Center which is where we, at this point, apparently want to do it and
we can get back to the Munic'_pal Justice Building, whi^': it •.-here we have
BRIO.
Mr. Dawkins: If you're going to do a telephone call, we already got a major
answering service at the City of Miami police department. Let them go through
the City of Miami police switchboard. If that's what you're looking for, just
a telephone.
Mayor Suarez: No, it's a specific referral service apparently for AIDS. I
don't remember the item but I gather that's what it is and...
Mr. Plummer: Yes, there was a personal appearance, Mr. Mayor, by someone, it
was like a month ago. There was a personal appearance here by an individual
asking for space. I thought it was 2000 square feet and it said at the time
that there was 2000 feet available in the police station where this
bioresearch was because it was not being used, and we said give that to them
and that was my understanding. Now, over there, let me go further, as I
remember conversation was, that that was a natural, it was in the areas of the
hospitals, it was over there where there are really not that many residents.
It was in a commercial area and it was a similar thing to what already
existed. And that is what I remember very distinctly and then... have we got
the minutes?
Mr. De Yurre: That was at least two months ago, I'd say.
Ms. Hirai: The meeting is being transcribed right now. Commissioner, I do
not know whether this section has been transcribed already. We're in the
process of finding out now.
Mr. De Yurre: Let me ask something. We're talking about 2000 square feet.
You know, what kind of hotline are you talking about? You know, for 2000
square feet?
Mr. Castaneda: Commissioners.
Mr. De Yurre: Yes. Very hot, hot line.
Mr. Castaneda: They originally requested 2000 square feet. I believe that
they met with Al Armada, Al Armada told them that the BRIC people were still
there. He pursued to look for other space. I think he looked at the fire
station in Overtown. They did not like that building. Then they...
Mr. Plummer: Well now, hey, I'm not here to help the greedy.
Mr. Castaneda: No, no, I'm...
Mr. Plummer: OK, I'm telling you that it was very clear and very distinct
where they were going, period, Amen.
Mr. Castaneda: I'm just giving you a story of what happened, Commissioner.
Then Mr. Armada, I think informed them there was no space of 2000 square feet
that we could use. Later they came back to us and they said that they would
basically settle for an office that would have four desks. And that's what
we're going to try to provide them in the community center.
Mr. Plummer: Well, let me tell you something, Frank, I want you right now to
leave here and go down to 9th Street and Flagler and 1st Street and you tell
those people that you set up that center there. Because you ain't going to
come back except when you're tarred and feathered because those people down
there in that neighborhood are very, very upset. Now, I realize that that
might be a biased position on their part but I said yesterday to a number of
those people that that is not what this City did, I don't know, if they're in
there, they're paying rent because we, the City, put them in the police
station.
Mr. Odio: Well, but see, but... we were instructed to find them a place. We
found them a place, it's only a hotline but on the same time, I have to take
sides with Commissioner Dawkins here in this case that why should we put it
over there? You don't want it over here, but you want to put them over there.
17 March 24, 1988
Mr. Dawkins: That's right, Amen.
Mr. Odio: So what I suvpost is. let them find their own place.
Mayor Suarez: Well, one reason might be - wait a minute, Commissioner. One
reason might be that this Commission will have no problem placing that
hotline, by vote of this Commission, at the Manuel Artime Center. So that
might be one of your answers, Mr. Manager.
Mr. Odio: Or, tell him to find themselves a place where they can rent, you
know.
Mayor Suarez: Yes, and we don't expect you to argue policy.
Mr. Odio: No, no,no.
Mayor Suarez: I mean, we'll decide policy and if we want to put it there,
that's fine with us.
Mr. De Yurre: The problem was that they came originally looking for money so
they could rent a place.
Mr. Plummer: $25,000.
Mr. De Yurre: And, well, you know, our solution was we don't have the money
but we have some space available. OK, that was the whole thing.
Mayor Suarez: OK, now at...
Mr. De Yurre: They can't rent the place because they don't have the money to
rent.
Mayor Suarez: As to the Municipal Justice Building, the old jail or whatever,
do you want to make a motion, Commissioner Dawkins, that there not be placed
there...
Mr. Dawkins: No, OK, no, I'm going to make a statement and then I don't think
we will need a motion, OK?
Mayor Suarez: OK.
Mr. Dawkins: The statement is, as usual, we sat here and we said, put it at
the Municipal Jail. Being God fearing, loving people, the people in that
neighborhood said, let's accept them. But then somehow, something happened
and it went wrong and they were moved to the wherever it was. Those
individuals say, oh no, we don't no part of them. So now, when we accepted
them, they didn't want to come, you went some place else. Now you've been
turned down some place else, you want to come back to us. No, so if we
offered you this the first time and as J.L. said, who ever did it wrong, you
know, why you want to come back to me now and say, this neighborhood turned it
down so you got to be goody, goody guys and accept it. I mean I think you're
being unfair to the community.
Mayor Suarez: OK, before we even get too much farther into the issue of the
AIDS hotline, office or whatever it is, we're going to have to ascertain what
the Commission did. But as to the Municipal Justice Building...
Mr. Plummer: Well, you're going to give me one page.
Mayor Suarez: ... there is no intention at this point, I think, I reflect the
consensus of the Commission of placing this hotline over at the Municipal
Justice Building. Am I correct, Madam Vice Mayor, do I speak for everybody on
that?
Mrs. Kennedy: That is correct, that is correct.
Mayor Suarez: OK, now, back to what we do have there and what intention we
may have. I thought, John, that we were looking very carefully at the
possibility of selling that property and, of course, I gathered that will
conflict with what Murray's telling us, maybe not.
Mr. Plummer: No.
18 March 24, 1988
0
Mr. Gilchrist: Sir, I, I,...
Mayor Suarez: If not, than tell us how we can solve all of this so we can get
on to the next item.
Mr. Plummer: It was on a month to month.
Mr. Gilchrist: I for the Manager am working on an RFP for the potential
development of that or the sale of the building. We're looking at that and
Murray understands that. I serve on the board of BRIC with him for the City.
The thing was that essentially FIU has pulled out of BRIC and BRIC is a not
for profit organization...
Mayor Suarez: Well, why was he talking about...
Mr. Gilchrist: We had a lease agreement with FIU.
Mayor Suarez: With FIU, why is he talking about faculty...
Mr. Gilchrist: So that has run out, but let me just say, I gave them a...
Mayor Suarez: But, John, but why is he talking about faculty still being
there if FIU's pulling out?
Mr. Gilchrist: I would explain to you.
Mayor Suarez: I want to ask the question so you can answer it.
Mr. Gilchrist: I gave them 120 day notice which was required and that runs
out on April the 5th. However, the people who are working there, we also gave
them notice that runs out on March the 31st. Murray is here...
Mayor Suarez: Including individual faculty members of FIU.
Mr. Gilchrist: Including... yes.
Mayor Suarez: Not FIU. One's saying yes, the other one no.
Mr. Gilchrist: They're from...
Mr. Dubbin (OFF MIKE): They're from the University of Miami.
Mayor Suarez: The University of Miami.
Mr. Gilchrist: The faculty members who are there working. Their time runs up
March the 31st. We are here from BRIC, Murray Dubbins, particularly asking,
since the space is not being used, could they stay for an additional amount of
time until which time we...
Mayor Suarez: Month to month?
Mr. Dubbin (OFF MIKE): Yes.
Mayor Suarez: Do we have any problem with that, anyone?
Mrs. Kennedy: Mr. Mayor, let me just say that I think we need to address the
importance of having high tech industry, a strong university system and
research oriented entrepreneurs, all working together towards making Miami the
high tech biomedical center of the United States and maybe even the world. On
behalf of BRIC, I think it's a great clean industry that will provide
thousands of jobs to the City of Miami and I'm willing, at this point, to make
a motion to let them stay.
Mr. Dawkins: OK, I'll wait for the second.
Mayor Suarez: So moved.
Mr. Plummer: That's on a month to month?
Mayor Suarez: You're talking month to month?
19 March 24, 1988
Mrs. Kennedy: Month to month.
Mr. Dubbin: Yes, sir, becaue• vo,01re x1reudy ^sde R deem-;nn •$--t yn,] want tc
sell the property and we know that we can't impede that. This would put us...
Mayor Suarez: It's very valuable property we get the impression and I
think...
Mr. Dubbin: No question about it, in fact I may have a customer for you but
I'm trying to keep it alive with the hopes that perhaps we can find another
more permanent place.
Mayor Suarez: We'll sell it to you right now for $35,000,000.
Mr. Dubbin: I think the price was five and a half I read in the...
Mayor Suarez: Might change.
Mr. Plummer: No, the appraisal came in over 18.
Mrs. Kennedy: It depends on who made the appraisal.
Mayor Suarez: Commissioner Dawkins. Do we have a second for the motion on
that basis, Commissioner Plummer?
Mr. Plummer: To leave them there on a month to month basis, yes.
Mayor Suarez: OK.
Mr. Dawkins: Under discussion. Did you may the University of Miami was
there?
Mr. Dubbin: Commissioner, there are individual faculty members from the
University of Miami. Scientists who are operating under grants for the
development of their particular biomedical devices and they're on the
premises. Interestingly enough, they're from the University of Miami in all
instances. They're biomedical engineers, there's some physicians, people like
that.
Mr. Dawkins: And the University of Miami has no space in all the housing it
has around Jackson Memorial Hospital, it has no place with which to house you
until you can find a permanent place.
Mr. Dubbin: Let me let you understand. The fact that they're...
Mr. Dawkins: No, I understand that, Murray. Murray, I'm not beating up on
you.
Mr. Dubbin: This is not a function of the University of Miami.
Mr. Dawkins: But the University of Miami is a member of this community. So,
therefore, when we have a problem, the University of Miami also has to accept
some part of responsibility for this community. So, therefore, as a community
member, the University of Miami has as much right to provide space as the City
of Miami in my opinion.
Mr. Dubbin: They do. I'll let you know that they need space also and they're
probably your best customer for this property.
Mr. Plummer: Yes, well I got news for you, how about telling them to start
using the Knight Center, the square footage down there that they've never
used.
Mr. Dubbin (OFF MIKE): Not a bad idea.
Mr. Plummer: Yes. A hundred thousand professionals they were going to bring
in a year on continuing education which was going to fill up the hotel which
they've never even used.
Mr. Dawkins: Call the question.
Mayor Suarez: OK, any further discussion? Call the roll on the motion.
20 March 24, 19818
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 68-263
A MOTION GRANTING REQUEST MADE BY REPRESENTATIVES OF
TIM BIOMEDICAL RESEARCH AND INNOVATION CENTER (BRIC)
TO CONTINUE TO LEASE THE APPROXIMATE 2,400 SQUARE FEET
OF SPACE PRESENTLY OCCUPIED BY THEM IN THE MUNICIPAL
JUSTICE BUILDING (LOCATED AT 1145 N.W. 11 STREET);
SAID LEASE AGREEMENT TO CONTINUE IN FORCE AFTER MARCH
31, 1986 ON A MONTH -TO -MONTH BASIS.
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.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: Let me understand the motion, the motion is to leave the BRIC
group there where they are on a month to month basis.
Mayor Suarez: That's it.
Ms. Hirai: Yes, sir.
Mayor Suarez: Presumably on the same terms that they've been there which I
guess or essentially free.
Mr. Dawkins: What are they going to do there?
Mr. Dubbin: They're going to do exactly what they've been doing up to now.
Mr. Dawkins: Well, how do the AID part come into this?
Mr. Dubbin: Sir, it didn't come in through me. I just want you to be aware
of that.
Mr. Plummer: Are you sure?
Mr. Dubbin: Not intentionally, Mr. Commissioner. Not voluntarily.
Mr. Dawkins: But are we still going to do the AIDS work there?
Mr. Plummer: Well, we're going to have to find another place for them.
Mr. De Yurre: Why did they leave there to begin with?
Mr. Plummer: They never go it. The administration moved them.
Mr. De Yurre: Cesar.
Mr. Dawkins: Well, where were they?
Mr. De Yurre: Why didn't they get the 2000 square feet of space, the AIDS
group?
Mr. Odio: We did not have it.
Mr. De Yurre: What do you have there? Nothing, period?
21 March 24, 1988
0 !
Mr. Odio: Where BRIO is now? They're still occupying the place. They were
not using it actively but they were still in there. They had the one
smaller...
Mr. Plummer: Is there any other surplus space over there?
Mr. Odio: No, sir.
Mr. Plummer: I saw an awful lot of empty desks when I walked through there
the other day.
Mr. Odio: I wish we had more.
Mr. Dawkins: On the strength of my previous statement that I don't think is
fair to have placed this unit in the community and then take it to another
part of the community and have that community turn it down and then you bring
It back. I have to vote no.
Mr. Plummer: Well, this is on the BRIC group. This is not on the AIDS group.
Mr. De Yurre: No, this is on the month to month thing.
Mr. Dawkins: What? Well, what about the AIDS...
Mr. De Yurre: No, we're not voting on that.
Mayor Suarez: Just BRIO, just about medical research center.
Mr. Plummer: No, that's a different subject, we're talking about just the
BRIC continuing there on a month to month basis, the BRICs group which is not
the AIDS group.
Mayor Suarez: Until we sell the property.
Mr. Dawkins: OK, I vote yes.
Mr. Plummer: And I vote yes.
Mr. Dawkins: And let's go for the AIDS group now.
Mr. Plummer: Now, let's discuss where we going to put the AIDS group.
Mayor Suarez: Murray, I think you've done well. You ought to just probably
get out of here real quick.
Mr. Dubbin: Thank you very much. I appreciate it.
Mr. Dawkins: OK, Murray.
Ms. Hirai: Excuse me, continuing roll call, Mayor Suarez.
Mr. Plummer: Murray, go take your second test. Now, Mr. Manager.
Ms. Hirai: Mayor Suarez.
Mayor Suarez: Yes.
Ms. Hirai: Your vote, sir.
Mayor Suarez: Yes, that is my vote.
COMMENTS MADE AFTER ROLL CALL:
Mr. Plummer: Now, let's discuss about where you're going to put the AIDS
group.
Mr. Odio: Well, you tell me. The only place we have available that we could
offer is Artime Center.
Mrs. Kennedy: How many square feet do they need?
22 March 24, 1988
0 s
Mayor Suarez: Well, why don't you describe the functions again to be
absolutely sure. How many persons doing exactly what so that the Commission's
aware of what...
Mr. Castaneda: It's an office with four desks what they wanted and they're
only going to do telephone referrals basically.
Mayor Suarez: They might have people coming to the door too obviously.
Mr. Castaneda: Obviously.
Mayor Suarez: So let's be clear about it.
Mr. Castaneda: Obviously.
Mrs. Kennedy: So, Frank, they can do that in 500 square feet, 600 square...
Mr. Castaneda: No, no, we're giving them a small room and especially when we
said that we couldn't find 2000 square feet, they basically said well, look,
we'll settle for anything and anything is the...
Mr. Plummer: Well, let me ask a stupid question. The other day and this is
going to be a sore subject, you closed the medical facility in the old police
station, OK? When I vent through there the other day, the door was locked,
it's not being used, OK? How many square feet in that? Don't everybody speak
at once.
Mr. De Yurre: At least two, three hundred.
Ms. Angela Bellamy: Commissioner, it is being used twice a week.
Mr. Plummer: For what?
Ms. Bellamy: For medical services. We have them coming in - the contractor
that we're working with has moved into that office.
Mr. Plummer: Are you telling me that there is no where else in that building
where there's 500 square feet not being used?
Mr. Dawkins: I want everybody out there to understand now that one group has
complained and we're trying to pacify that group by putting it over here. So
now those of you out here who live over there, you better get to complaining
so that we can come back again next time and put it some place else. Because
one group has openly defied and say they don't want it and we are constantly
going to put it in another area, OK? I just want that on the record.
Mrs. Kennedy: Let me just state something for the record that I was advised
by my office, the space they need is only temporary until a building that they
are constructing with private donations is finished in a few months.
Mr. De Yurre: Is that already started?
Mrs. Kennedy: And the reason that they need an address is because they are
applying for a grant and they need a physical address.
Mr. Plummer: But they don't have to be in the middle and the heart of S.W.
lot Street and 9th Avenue.
Mr. De Yurre: You know, J.L.
Mr. Plummer: I got to believe that you can find 500 square feet in that old
police station which is what my understanding was. Mr. Manager, I walked
through there the other day, there's just an awful lot of space that's not
being used over there. Is there some way of consolidating a couple of offices
and make 500 square feet available?
Mr. Odio: Well, we could move people out and do that, but that's...
Mr. Plummer: I mean, you're talking about what, 20 x 20 - no, you're talking
about 40 x 40?
23 March 24, 1988
9 0
Mr. De Yurre (OFF MIKE): Don't we have any space down here in the Virrick gym
or anything like that? Huh?
Mr. Plummer: Twenty by twenty. Twenty-five by twenty-five, my God, that's
bigger than my office.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. De Yurre: Cesar, don't we have any space over here at the Virrick gym in
the area around there?
Mr. Odio: That building can only be used for the office of Parks 6 Recreation
can only be used for the purposes of recreation.
Mr. Plummer: Let me tell you the reason, Victor, that I'm trying to... the
thing was supposed to be that it was near the hospital area, OK? The AIDS
patients, the AIDS problems were all supposed to be tried to tie in with the
hospital. It's a natural that it be in that area. Now that was why I was so
adamant before that it went in the old police station.
Mr. Dawkins: But now they say that they're only going to use quote unquote
the place for a telephone hotline. So how is it going to benefit a telephone
hot line to be placed near a hospital?
Mr. Plummer: Well, let me in defense of my statement before tell you that
there was no statement made to me, I don't think, into this Commission that it
was only going to be used, it was going to be a referral center.
Mayor Suarez: Well, Mr. Manager, so we can resolve this and get on to the
other items, if you don't have at this particular point, a recommendation with
the clear understanding that this Commission has to approve the final
location, would you just get back to us at the next Commission meeting?
Mrs. Kennedy: Right and the location is irrelevant, all they need is a
building.
Mr. De Yurre: Well, and I think it's important to find out exactly what it is
that they're going to be doing there. Is it a hot line, a referral service,
are they going to be selling cookies, I mean like...
Mayor Suarez: May as well ascertain since they're concerns.
Mr. Plummer: Let me make a motion whether it fails or not. I would make a
motion instructing the Manager to make 500 square feet available in the old
Municipal Police Station. I somove. For the purposes it was understood
before.
Mrs. Kennedy: If you can find it, I'll second that.
Mayor Suarez: So moved and seconded.
Mr. De Yurre: I'd like, you know, just the concept of that space. I'd like
to see a list of possible spaces available in the City and then we can choose
and decide where we want it to go; what's the best location. I think that
would be the best way to go.
Mr. Dawkins: That's an... OK, well, let's wait till this motion is voted up
or down and then we can go with...
Mayor Suarez: For the reasons that Commissioner De Yurre stated, I'm going to
vote against the motion. OK, anything else from the Commission? Call the
roll on the motion.
Mr. Dawkins: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY VICE
MAYOR KENNEDY, THE ABOVE MOTION FAILED BY THE FOLLOWING VOTE:
24 March 24, 1988
n
LA
LJ
AYES: Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
NOES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: NONE.
Mr. Dawkins: Make your motion.
Mayor Suarez: OK, do you want to try a different one that gets us out of
this?
Mr. De Yurre: Yes, I'd like to move that we locate anything close to 500 even
if it's not exactly 500 of different spaces throughout the City and that be it
be brought to the Commission and we can decide based on their needs that we
understand what their needs exactly and that we try to provide a suitable
space.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Plummer: May I ask a question, Victor...
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: ... I think the problem existing is that they're ready to open
operation there now and I think that's the problem.
Mr. Dawkins: If this motion passes, they won't.
Mr. De Yurre: Well, the thing is that it was never my understanding they were
going to be opening up there. You know, it just...
Mr. Plummer: The discussion that I heard yesterday was that there's already a
sign out front and that they are ready to commence operation there. OK. So
in other words, your motion then, as it is understood that in this motion that
they will not go to the Artime Center.
Mr. De Yurre: That they won't go anywhere until we approve of a space for
them.
Mr. Plummer: 1 can vote for that.
Mayor Suarez: So moved and seconded. Any further discussion? Call the roll.
The following motion was introduced by Commissioner De Yurre, who moved
its adoption:
MOTION NO. 88-264
A MOTION INSTRUCTING THE ADMINISTRATION TO COMPILE A
LIST OF AVAILABLE SPACES THROUGHOUT THE CITY
(APPROXIMATELY 500 SQUARE FEET) FOR POSSIBLE USE BY
THE "LIGA HISPANA CONTRA EL SIDA (AIDS)"; SAID
INFORMATION TO BE BROUGHT BACK BEFORE THE CITY
COMMISSION FOR FURTHER CONSIDERATION AND REVIEW;
FURTHER DIRECTING THE ADMINISTRATION THAT SAID GROUP
IS NOT TO OCCUPY ANY SPACE UNTIL A DETERMINATION IS
MADE AS TO WHERE THEY WILL ULTIMATELY BE ALLOWED TO
GO.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote:
25 March 24, 1966
PA
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.
-------------------------------------------------------------------
9. EMERGENCY ORDINANCE: AMEND SEC. 1 OF ORD. 10347 - INCREASE
APPROPRIATIONS FOR PIER 3 - MAJOR REPAIR PROJECT.
Mayor Suarez: Item 1, emergency ordinance, capital appropriations increased
by $30,000, I...
Mrs. Kennedy: I have some questions.
Mayor Suarez: Not too many, I hope.
Mrs. Kennedy: No, just a couple. I just don't understand what this means.
You're talking about $30,000 and then in item 2 you're talking about $41,900.
I mean, which one is it?
Mr. George Campbell: All right, the difference in this is that the additional
monies in item one include the purchase of the pilings. Item two which is the
contract, to pay off the contractor was for installation of the pilings only.
The City purchased the pilings to make up the mooring dolphins and then we
hired a contractor to install them in the clusters.
Mr. De Yurre: Why the increase?
Mr. Campbell: All right, we added more dolphins, more piles and the piles,
when they were delivered, we had, you know, I wanted a certain length, they
came in and they were longer and we utilized the longer piles to good
advantage so that when there was an increase in the cost of the individual
piles themselves.
Mr. Plummer: Did this Commission approve the increase?
Mr. Campbell: That's what this is for. Oh, the Manager's office, I believe,
has approved the additional...
Mr. Plummer: Well, it's a $30,000 addition. Did this Commission approve the
additional $30,000?
Mr. Campbell: That's why we're coming to the Commission, to get the
additional over the $50,000.
Mr. Plummer: The work has not been done?
Mr. Campbell: It has been done, yes, sir.
Mr. Plummer: Well, this Commission never approved it.
Mr. Sergio Rodriguez: Let me try it to see if I can help on this. The
capital improvement program had to be amended to allow for the increase in
cost.
Mr. Plummer: It's not the point.
Mr. Rodriguez: That's number one. And number two is the work was done by
Public Works on an emergency basis because it had to be finished on time for
the Grand Prix to make sure there will be no negative or possible accidents
caused by not having the proper pier in the place. So that work was done -
the amount of that work resulted in an increase of $4,900 in the contract that
these people had which is what is reflected on number two. Altogether there
have been other amendments in the whole thing that would require eventually a
26 March 24, 1968
0
change in the appropriation ordinance which is reflected for number one. So
you have two items, basically.
Mr. Plummer: When was the work done?
Mr. Campbell: This was just prior to the Grand Prix which was in January.
Mr. Plummer: In February, is this the one downtown?
Mr. Campbell: Yes, air.
Mr. Plummer: We did order that.
Mr. Campbell: Yes, sir.
Mr. Plummer: We did approve it.
Mr. Campbell: Yes.
Mr. Plummer: That's what I asked you from the beginning. I move item number
one.
Mayor Suarez: So moved.
Mr. De Yurre: Let me understand one thing here that the work had been done
already, is that what you're telling me right now?
Mr. Campbell: Yes, the work has been completed, yes, sir.
Mr. De Yurre: And it has been completed with monies that weren't authorized
by this Commission.
Mr. Plummer: No, we did authorize it.
Mr. Campbell: They were authorized by the Commission.
Mr. De Yurre: All of it in...
Mr. Campbell: Yes, sir.
Mr. De Yurre: What about this increase?
Mr. Plummer: That's the only question I asked. They could have said yes and
not gone through all this conversation.
Mrs. Kennedy: The estimate was lower than what they had actually cost. They
need $30,000 more.
Mr. De Yurre: So now we got to - we approved based on the estimate and now
you're coming back because it was more than the estimate.
Mr. Odio (OFF MIKE): $4,900 more.
Mr. De Yurre: But you went ahead and did the job anyway.
Mr. Odio: We had to finish the job for the Grand Prix so we decided to
proceed and finish it, it was only $4,900 and...
Mr. De Yurre: Well, when did you realize that you were going to have an
overrun?
Mr. Odio (OFF MIKE): When was that, just before it was....
Mr. Campbell: Just before it was ready to be installed.
Mr. De Yurre: When was that?
Mr. Plummer: I can tell you they were working there the day before the Grand
Prix, so that would have been the 28th of February.
Mr. Campbell: Around in January sometime probably.
27 March 24, 1988
0 •
Mr. Plummer: No, February 28th.
w- No, I mean the...
Mayor Suarez: An overrun of $4,900.
Mr. Plummer: What happened, Victor, last year when they brought in the
SeaEscape, the SeaEscape tore it up. That's what happened last year. Too big
for the dock, that and the Navy vessels.
Mr. De Yurre: No, it's not a matter of the $4,900, you know, $4,900 is not
that much money when you start considering all the millions that we have to
run through here. It's just the concept that, you know, if we're talking
about an emergency. An emergency to me is dial 911, get somebody out here
quickly. You know, if you're talking about something that takes days or weeks
or it's a process and that we should be made aware somehow, either not here at
the Commission but that the City Manager goes to each one of us and advises us
of what's happening so at least we have some understanding of what's going on.
Not that we have to approve it because it's been spent already and the job's
been done, so what's the use of having a Commission? You know, it's called
some other form of government.
Mrs. Kennedy: Can he justify the emergency?
Mr. Plummer (OFF MIKE): Yes, the work's been done.
Mr. Campbell: The emergency is that we need to pay the contractor, for one
thing.
Mayor Suarez: He's otherwise personally liable. Anything else on this item?
Call the roll. Read the ordinance. Did you pick up a motion and a second?
Ms. Hirai: We need a second, Mr. Mayor.
Mayor Suarez: Was it seconded?
Mrs. Kennedy: I'll second.
Mayor Suarez: It was seconded by the Vice Mayor.
Ms. Hirai: Thank you.
Mayor Suarez: Call the roll, please.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION 1 OF ORDINANCE
NO. 10347, ADOPTED NOVEMBER 19, 1987, THE CAPITAL
APPROPRIATIONS ORDINANCE, BY INCREASING APPROPRIATIONS
TO THE PROJECT ENTITLED "PIER 3 - MAJOR REPAIR",
PROJECT NO. 413010, IN THE AMOUNT OF $30,000 FROM THE
FY-88 GENERAL FUND, SPECIAL PROGRAMS AND ACCOUNTS -
CONTINGENT FUND; 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Victor De Yurre
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote:
28 March 24, 1988
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AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner victor De Yurre
ASSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10399.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Plummer: He don't like dolphins.
Mr. Dawkins: No, I got a problem with having it estimated and then know it's
$4,900 over and going over I got a problem with that. Now, if somebody can
tell me what would have happened if we had not done it, I might can go along
with it but unless you can explain that to me, I mean, the justifications for
coming in with an estimate and then...
Mr. Jack Eads: Commissioner, the alternative and what created the emergency
if we had not gone ahead with the last piling, stayed with the contract the
way it was and within those confines that we came to you the first time, we
would have ended up incurring a great deal of additional expense to come back,
rebring the barge back in, drive the one set of pilings and then remove that
equipment, it would be additional set up costs that would have been far more
than this amount of money you're approving today.
Mr. Dawkins: Again, that was an estimate.
Mr. Eads: Yes, sir.
Mr. Dawkins: It could have cost less.
Mr. Eads: Yes, sir.
Mr. Dawkins: Yes.
10. INCREASE AMOUNT IN CONTRACT WITH BUNNELL FOUNDATION, INC. FOR
CONSTRUCTION OF SLIP 3 MOORING DOLPHINS - ACCEPT COMPLETED WORK -
AUTHORIZE FINAL PAYMENT.
Mayor Suarez: Item 2 is companion item actually.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Discussion? Call the roll on the resolution.
Ms. Hirai: Second roll call. Mr. Mayor, we need to call the roll the second
time.
Mayor Suarez: I'm sorry, go ahead, call the second roll call on the first
item.
NOTE FOR THE RECORD: AT THIS POINT, SECOND ROLL CALL FOR
EMERGENCY ORDINANCE 10399 WAS TAKEN. RESPONSE THE SAME AS FIRST
ROLL CALL.
Mayor Suarez: Item 2.
29 March 24, 1988
0
Mr. Plummer: Move it.
Mayor Suarez: We've got a motion, do we have a second?
Mrs. Kennedy% Second.
Mayor Suarez: Call the roll on item two.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-265
A RESOLUTION AUTHORIZING AN INCREASE IN THE CONTRACT
AMOUNT OF $4,900.00 IN THE CONTRACT BETWEEN THE CITY OF
MIAMI. FLORIDA AND BUNNELL FOUNDATION, INC. DATED FEBRUARY
16, 1986 FOR THE CONSTRUCTION OF SLIP 63 MOORING DOLPHINS
CIP PROJECT NO. 413010, SAID FUNDS TO BE PROVIDED FROM THE
PIER 3 - MAJOR REPAIR, WITH FUNDS ALREADY ALLOCATED TO THE
PROJECT; FURTHER ACCEPTING THE COMPLETED WORK OF BUNNELL
FOUNDATION, INC. AT A TOTAL COST OF $41,900.00; AND
AUTHORIZING A FINAL PAYMENT OF $16,900.00
(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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Victor De Yurre
ABSENT: None.
11. SECOND READING ORDINANCE: AMEND SEC. 1 AND 6 OF ORD. 10321 - INCREASE
APPROPRIATIONS TO THE DINNER KEY MARINA ENTERPRISE FUND FOR PURPOSE OF
FY 188 DEBT SERVICE PAYMENTS ON LOAN FROM SUNSHINE STATE GOVERNMENTAL
COMMISSION FOR MARINA IMPROVEMENTS.
Mayor Suarez: Item 3, second reading.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion from the Commission? Read
the ordinance. Getting slow, call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 1 AND 6 OF ORDINANCE
NO. 10321, ADOPTED SEPTEMBER 22, 1987, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1988, BY INCREASING THE APPROPRIATIONS
TO THE DINNER KEY MARINA ENTERPRISE FUND BY $450,000,
AND BY INCREASING REVENUES IN THE SAME AMOUNT FROM
DINNER KEY MARINA REVENUES FOR THE PURPOSE OF FY '88
DEBT SERVICE PAYMENTS ON THE $12,100,000 LOAN FROM THE
SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION FOR
DINNER KEY MARINA IMPROVEMENTS: CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
30 March 24. 1988
• 0
Passed on its first reading by title at the meeting of February 18,
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner P1urr.ner, aeccnded ty Cc:nmissioner 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. 10400.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: She can do a lot better than that, wait till you see her when
she gets warmed up.
------------------------------------------------------------------------------
12. SECOND READING ORDINANCE: AMEND SEC. 2 AND 6 OF ORD. 10321 - ESTABLISH
NEW SPECIAL REVENUE FUND: "COMMUNITY DEVELOPMENT BLOCK GRANT
APPROPRIATION - FY '88" FOR ITS OPERATION ($13,850,000).
Mayor Suarez: Item four, second reading.
Mr. Plummer: Second it.
Mrs. Kennedy: Move it.
Mayor Suarez: Moved and seconded.
Mrs. Kennedy: This is not permitted in single family residences, correct?
Mr. Plummer: Number four? All this is is to do is establish the fund. No,
this is number four.
Mayor Suarez: Item four.
Mr. Plummer: This is to establish the fund for the block grant.
Mr. Dawkins: This is to accept the money, accept the money and then they come
back and tell us how they going to split it up.
Mr. Plummer: Then we'll argue about how we're going to spend it.
Mayor Suarez: Don, are you going to oppose this?
Mr. Donald Benjamin: I need some clarification - My name is Donald F.
Benjamin, executive director, St. John Community Development Corporation. We
need some clarification on this amount of money. As you're aware, last year
the St. John Development Corporation was set up with a $50,000 grant to do
housing. Subsequently, the Overtown Economic Development Corporation went out
of business and their program was transferred to St. John and an additional
$50,000 was given. There's no appropriation in this amount for the $50,000
for the housing program which you are doing already so there needs to be some
clarification here as to what we're being - what's given to us.
Mr. Plummer: There are no appropriations at all in this item here. This is
just accepting the money.
Mayor Suarez: This is basically use to set up the fund, we're not allocating
it at this point, are we?
31 March 24, 1988
0
0
Mr. Benjamin: You see, when I talked to Mr. Castaneda he tells me...
Mayor Suarez: Wait, wait. Well, let's talk to Mr. Castaneda directly now.
Mr. Frank Castaneda: Commissioners, this is not the CDBG appropriation of
money. This is a technical thing being done by Finance Department. We are
bringing the Community Development package to the April 14th City Commission
meeting and that will be a public hearing to discuss any and all programs.
Mr. Benjamin: OK, fine.
Mayor Suarez: OK, Don. Call the roll, or read the ordinance. Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 2 AND 6 OF ORDINANCE
NO. 10321, ADOPTED SEPTEMBER 22. 1987, THE ANNUAL
APPROPRIATIONS ORDINANCE FOR THE FISCAL YEAR ENDING
SEPTEMBER 30, 1988 BY ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "COMMUNITY DEVELOPMENT BLOCK
GRANT APPROPRIATION - FY '88"; APPROPRIATING FUNDS FOR
ITS OPERATION IN THE AMOUNT OF $13,850,000 FROM
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND PROGRAM
INCOME FOR THE PURPOSE OF CARRYING OUT COMMUNITY
DEVELOPMENT ACTIVITIES WITHIN THE CITY OF MIAMI;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of February 18,
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner 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. 10401.
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.
13. SECOND READING ORDINANCE: AMEND CITY CODE - PROVIDE REGULATION OF BUS
BENCHES AND SHELTERS.
Mayor Suarez: Item five.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved on second reading. Moved and seconded, any discussion?
Read the ordinance. Call the roll.
32 March 24, 1988
s 0
AN ORDINANCE -
AN nVTTWANf-z AMFWntNG THE COnE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO PROVIDE FOR REGULATION OF BUS
BENCHES AND SHELTERS IN ADDITION TO PRESENTLY EXISTING
REGULATION OF BUS BENCHES AND SHELTERS; AUTHORIZING
THE CITY MANAGER TO ISSUE INVITATIONS FOR BIDS AND SET
A MINIMUM BID AMOUNT FOR CONSIDERATION FROM FIRMS
SEEKING TO PLACE BENCHES AND SHELTERS UPON PUBLIC
RIGHTS -OF -WAY; ALSO PROVIDING FOR THE TIME PERIOD OF
AGREEMENTS FOR SHELTER PLACEMENT; ESTABLISHING AN
EFFECTIVE DATE; MORE PARTICULARLY AMENDING CITY CODE
SECTIONS 54-56, 54-58, 54-59, 54-61, 54-62, 54-63, AND
54-64; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 18,
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner 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. 10402.
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.
---------------------------- --------------------------------------------------
14. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND: "BLACK
ARCHIVES - OVERTOWN HISTORIC VILLAGE" FOR A MASTER PLAN FOR THE OVERTOWN
HISTORIC FOLKLIFE VILLAGE - ACCEPT GRANT FROM NATIONAL ENDOWMENT FOR THE
ARTS.
Mayor Suarez: Item 6, second reading also, Black Archives Fund.
Mr. Plummer: Second.
Mayor Suarez: Mo... do we have a motion?
Mr. Plummer: Dawkins moved it.
Mrs. Kennedy: Dawkins moved it the last time.
Mr. Dawkins (OFF MIKE): Yes, second.
Mayor Suarez: Moved and seconded. Any discussion? Read the ordinance. Call
the roll.
33 March 24, 1988
n
AN ORDINANCE -
AN ORDINAt:CL J�..:, n YEW 3.ECIAL REVENUE FUND
ENTITLED "BLACK ARCHIVES - OVERTOWN HISTORIC VILLAGE";
APPROPRIATING FUNDS FOR THE SAME IN THE AMOUNT OF
$17,000 FROM THE NATIONAL ENDOWMENT FOR THE ARTS FOR A
MASTER PLAN FOR THE OVERTOWN HISTORIC FOLKLIFE
VILLAGE; AND AUTHORIZING THE CITY MANAGER TO ACCEPT
THE AFOREMENTIONED GRANT AND ENTER INTO A GRANT
AGREEMENT WITH THE NATIONAL ENDOWMENT FOR THE ARTS;
CONTAINING A REPEALER PROVISION AND SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of February 18,
1988, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Dawkins, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner 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. 10403.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Dawkins: We are going to have that other money that I was talking about,
Mr. Castaneda.
Mayor Suarez: On item seven?
Mr. Dawkins: No, on...
Mr. Castaneda: Yes, Commissioner.
Mr. Dawkins: OK, remember I said that we have economic development money for
everywhere else out of the 13th year fund, let's put some money in Overtown
for economic development - I mean in the historic thing.
Mr. Castaneda: We will be presenting, I believe, at the allocation on the
April 14 meeting for historic - for the Overtown - what's the name of the...
oh, the Black Archives that's in this allocation of $31,000 for that program.
Mr. Dawkins: But they got $31,000. OK. I'd like to meet with you. They got
$31,000 last year to operate. OK?
Mr. Castaneda: Right.
Mr. Dawkins: Now, that has nothing to do with economic development. Now we
sat up here all this year and everytime I look, here comes an organization out
of the community and we give it money to develop our economic development.
This year I want to find some money for them to have some economic
development.
Mr. Castaneda: For who?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Castaneda: For Black Archives.
Mr. Dawkins: Yes, along with their $31,000. OK?
Mr. Castaneda: OK.
34 March 24, 1988
0 9
Mr. Dawkins: Like J.L. Plummer say, after day care we'll find money for these
other things.
------------------------------------------------------------------------------
IS. SECOND READING ORDINANCE: ESTABLISH SPECIAL REVENUE FUND; "SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM - 1988/JTPA II-B" - APPROPRIATE FUNDS
FOR ITS OPERATION - ACCEPT GRANT FROM SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
Mr. Plummer: All right, let's go. Item seven.
Mayor Suarez: I'm sorry, item seven. We have a motion, we have a motion, do
we have a second?
Mr. Dawkins: Move it.
Mr. Plummer: Mr. Mayor...
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Moved and seconded. The Summer Youth Program.
Mr. Dawkins: Under discussion.
Mr. Plummer: OK, on this thing, we have been given a program from the
Department of and it's not what I like. It's not what this
Commission wanted but it's what the federal guidelines will allow. I have
gone over that with Frank and it is acceptable. I think we ought to try to
get it changed where we can use it wherever we want to put these kids to work.
But as it is proposed, have you circulated that to the rest of the Commission?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: They have copies? This is the proposal, they'll use half of
these kids in City government, the other half will be out to the private
sector, roughly half, I mean...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: You've got somebody to move it and second it?
Mayor Suarez: Yes, we have a motion and a second.
Mr. Plummer: OK.
Mr. Dawkins: You know, the only problem I have with this, I second it, to get
it to discussion, all right? All the money is given to Tacolcy for dropout.
Then you go over here to Miami High School and they have two programs, Miami
Senior High, identified in school and out of school youth. Now why is it at
Tacolcy, we don't have out of school youth?
Ms. Francena Brooks: When the schools were identified for distribution by the
consortium, Miami Northwestern is the school that's in the neighborhood where
Tacolcy is and, of course, that they, you know, serve. That was viewed as
the - all of Northwestern is considered a dropout prevention school, even
though the kids may not really be drop outs. I don't know if that makes
sense.
Mr. Dawkins: Mr. Bennett come to the mike. You serve youngsters from what
schools, Mr. Bennett?
Mr. Bennett: Northwestern and Edison.
Mr. Dawkins: All right. Would you - now how many year have you been doing
this?
Mr. Bennett: We've been running the program for the City of Miami
approximately eight years.
35 March 24, 1988
0
Lj
Mr. Dawkins: No, you...
off the top of your head,
youth?
Mr. Bennett: Definitely.
OK. Eight years, and in eight years would you say,
that there i. a nerd a:ao ,j emp:uy DUL of school
Mr. Dawkins: Now, so somebody explain to me now, why is it that at Miami
High, just because Northwestern quote unquote is designated a drop out school,
that we do not think enough of the youngsters who are out of school, who need
work?
Ms. Brooks: No, that's not the case and that's something that we have been
trying to get more slots for in the out of school youth category and I think
we need to know here that even though we have gotten what's essentially an
initial allocation, we are expecting to get some more money within - another
allocation within the next couple of weeks and we have requested that more of
that money be for out of school youth or...
Mr. Dawkins: Why not all of it?
Ms. Brooks: Well, you know, we can request that, but the...
Mr. Dawkins: Why not request that all of it be for out of school youth?
Ms. Brooks: Certainly, we'll request that.
Mr. Dawkins: And will it be split between Miami Senior High for out of school
youth and Northwestern and Edison, one-third, one-third or how are we going to
request that we're going to split it?
Ms. Brooks: Well, ideally, we'd like to have it be able to use for all people
in the City of Miami, even not just from the Northwestern area or the Miami
High area but even to serve people from the Grove.
Mr. Dawkins: No, wait now, wait now.
Ms. Brooks: Which is also part of the City.
Mr. Dawkins: Well then why do you just have it here, high schools? If you
tell me we're going to use Jackson, Edison, Miami and Northwestern, you got me
because those are City of Miami schools.
Ms. Brooks: Right. Schools, right, but you spoke about the out of school
youth.
Mr. Dawkins: All right, so now we're going to use Coconut Grove, Wynwood...
Ms. Brooks: To be able to serve residents all over the City, yes.
Mr. Dawkins: How much money are we talking about? And additional we expect?
Ms. Brooks: What's the additional? That's not been determined, maybe about
$90,000. It depends on what the federal government finally allocates.
Mr. Dawkins: OK, I voted for this bef... against this and everybody in the
community say, I don't want the money is - not that I don't want the money, I
don't think we're serving the youth we need to be serving. I've said it
before, I say it now, we got in school youth who can't be served. We got out
of school youth and then the federal government puts down some guidelines and
give money and you've got youngsters who worked in the summer and make more
money than their parents make the whole year. You know, I mean, and it's just
unfair. How can a parent, who is on welfare, not working, have a kid go out
and make more money during the summer than the parent make the whole year and
be in control of the house? And that's why I'll be voting no even though I
second the motion.
Ms. Brooks: Yes, well the fed... yes.
Mr. Dawkins: I call the question, Mr. Mayor.
Mr. Plummer: Well, let me ask a question.
36 March 24, 1968
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Mayor Suarez: Commissioner Plummer.
Mr. Plummer: You're giving a 131 of these positions to the school board.
No. Brooks: Yes, that would be in different schools. Not actually to the
school board, but in schools throughout the City.
Mr. Plummer: OK, but they're working for the school.
Ms. Brooks: For the schools, yes, within the City of Miami.
Mr. Plummer: OK, you're giving them, it comes out to exactly $100,000. A
hundred and thirty one of these kids for 12 weeks is $100,000.
Ms. Brooks: For the kids, right.
Mr. Plummer: What are we getting back from the school board for it?
Ms. Brooks: No, it's not given to the school board. It's employing the kids
In sites. Those are work sites just like the other work sites.
Mr. Plummer: But it's the equivalent of $100,000. Now what is the school
board doing for the City in return of this cash angel grant falling upon them?
Because you know they're down here demanding from us all the time, school
officers, police to carry the kids across the street, all of these
programs. Now here we are giving them $100,000, the equivalent, what are they
going to do for us? I didn't hear anything.
Ms. Brooks: No, I can't answer that. I don't know.
Mr. Plummer: Mr. Manager.
Ms. Brooks (OFF MIKE): Nothing.
Mr. Plummer: We're giving them $100,000 of this money, what are they going to
do for us?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Yes.
Mr. Odio: Well, hopefully, they will instruct them so they become good
citizens.
Mr. Plummer: OK, I just want to make the record.
Mayor Suarez: We have a motion and a second. Directed at the motion? Nope.
Any further discussion? Call the roll. Read the ordinance. Call the roll.
I'm sorry.
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mr. Dawkins: Mr. Castaneda, didn't Joe say that we gave specific jobs that
these youngsters could not do?
Mr. Plummer: Yes.
Ms. Brooks (OFF MIKE): Right.
Mr. Castaneda: Yes.
Mr. Dawkins: What were they?
Mr. Plummer: They couldn't clean up the City, that's one of them.
Ms. Brooks: Right. It's not so much that there are certain jobs they can't
do, it's the manner in which they're done. That you cannot have, like we have
proposed that have all the kids say march through the City and clean up the
rights of way. You have to have a certain ration of supervisors to children
and enough - yes, we can, yes.
37 March 24, 1988
0 0
Mr. Dawkins: Say what now?
Ms. Brooks: There was a question of whether or not some of the kids could
work with the graffiti squad and yes, they can.
Mr. Dawkins: What? I will ask my question again. What jobs did Joe say the
youngsters could not do?
Ms. Brooks: There are none in the sense of none but they cannot just do large
scale manual labor. You can't just use the program just for them to do manual
labor. However, there can be some jobs in which you can do manual labor.
Mayor Suarez: There's some manual labors involved.
No. Brooks: Right.
Mayor Suarez: I guess every job some manual labor's involved, move a pen or
something.
Mr. Dawkins: All right, then what would either of you two give me as four
prime examples of employment that these school youngsters can do that does not
Include primary manual labor.
Ms. Brooks: Well, OK, they can clerical aides.
Mr. Dawkins: Clerical aides?
Ms. Brooks: Yes, I mean, well being an assistant, a clerical assistant,
filing, answering the telephone, xeroxing copies...
Mr. Dawkins: All right, go ahead, what else?
Ms. Brooks: That's three, four, doing surveys.
Mr. Dawkins: What kind of surveys?
Ms. Brooks: Any kind of surveys, like for the Building Department, coding
Information that the Building and Zoning Department has when people file for
various applications.
Mr. Dawkins: Do we have...
Ms. Brooks: Microfilming for the Clerk's office.
Mr. Dawkins: All right, Mr. Manager, provide me with the work proposal that
you've developed for these youngsters with some measurable goals and
objectives and give it to me and also to the individuals that we're
contracting with so that at the end of the year I can see how much manual
labor or exactly what we accomplished by putting them to work.
Mr. Odio: I want to tell you, Commissioner, they come in very handy because
during the summer we have a lot of people out on vacations so they fill in in
the office, in clerical jobs and some of them, hopefully, will become
permanent employees later. Some of them have stayed in the City after they
graduate from high school and they become good employees and they learn
quickly the system and they just fit in very nicely.
Mr. Dawkins: OK, no further questions.
Mayor Suarez: Read the ordinance. Guillermo, get away from her.
Mrs. Dougherty: I read this, I read this.
Mayor Suarez: Call the roll.
38 March 24, 1988
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM - 1968/JTPA II-B", APPROPRIATING FUNDS FOR ITS
OPERATION IN THE AMOUNT OF $931,120 FROM THE SOUTH
FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM;
AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD
FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING
CONSORTIUM AND TO ENTER INTO THE NECESSARY CONTRACT(S)
AND/OR AGREEMENT(S) FOR THE ACCEPTANCE OF THE GRANT;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of January 14, 1988,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Dawkins, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Miller J. Dawkins
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10404.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: For reasons stated before, I'm not against the money, I'm
against the manner in which it's managed and put to use to work. I vote no.
16. ALLOCATE $138,600 TO BELAFONTE TACOLCY CENTER, INC. AND $66,795 TO YOUTH
CO-OP, INC. FOR IMPLEMENTATION OF FY '88 JTPA II-B SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM.
Mayor Suarez: Item 8. Is that related?
Ms. Francena Brooks: Yes.
Mayor Suarez: I'll entertain a motion on the resolution.
Mrs. Kennedy: Move it.
Mr. Dawkins: Second.
Mayor Suarez: Moved and second. Any discussion? Call the roll. I hope they
learn a lot about leadership in the ASPIRA Leadership Program.
39 March 24, 1988
0
0
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-266
A RESOLUTION ALLOCATING $205,395 FROM THE SPECIAL
REVENUE FUND ENTITLED "SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM - 1988/JTPA II-B" TO THE BELAFONTE
TACOLCY CENTER, INC., IN AN AMOUNT NOT TO EXCEED
$138,600 AND TO YOUTH CO-OP, INC., IN AN AMOUNT NOT TO
EXCEED $66,795, FOR THE IMPLEMENTATION AND OPERATION
OF THE FY 1988 JTPA TITLE 11-8 SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM; FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS WITH BELAFONTE TACOLCY
CENTER, INC. AND YOUTH CO-OP, INC., 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.
17. ACCEPT BIDS: 1) RAINBOW DODGE, INC., 2) ANTHONY ABRAHAM CHEVROLET, INC.,
3) HARLEY DAVIDSON OF MIAMI, INC., AND 4) MAROONE CHEVROLET, INC. FOR
PURCHASE OF: a) 88 AUTOMOBILES, b)13 MOTORCYCLES, c) 21 VANS, d) 5
STATION WAGONS AND e) 6 PICKUP TRUCKS - AUTHORIZE PURCHASE FROM HARTMAN
CYCLE CENTER OF 3 YAMAHA ATCs ($9,049.95) FOR DEPARTMENT OF GENERAL
SERVICES ADMINISTRATION.
Mayor Suarez: Item 9.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mr. Plummer: What is this?
Mrs. Kennedy: The police purchase of automobiles.
Mr. Plummer: There is a change on the agenda, on the motorcycles the
recalculation of the bids brought it up instead of Harley Davidson to Kawasaki
and that is so noted.
Mr. Ron Williams: Yes, I believe you should have those changes, Mr. Mayor and
Commission.
Mr. Plummer: Do you need a second?
Mayor Suarez: Yes, as modified I should say.
Mr. Plummer: As modified. Do you need a second?
Mrs. Kennedy: No.
Mayor Suarez: Do we have a motion and a second, Madam City Clerk?
40 March 24, 1988
0
1#
Mr. Dawkins: I moved, I moved.
Ms. Hirai: Yes
Mr. Plummer: I move it. Second.
Mayor Suarez: Dick, do you oppose?
Mr. Dick Kinne: Yes, sir.
Mayor Suarez: Why?
Mr. Kinne: For the record my name is Dick Kinne, I'm president of Fraternal
Order of Police, Miami Lodge 20. I've talked to my motormen and my traffic
people and they think that the Harley Davidson's that originally were put in
for the bid were more safer motor, they weigh more. They think it's just a
safety factor alone, it's a better motor than the Kawasaki's.
Mr. Plummer: You know, that's the same argument I heard, Dick, when they
wanted to buy the Kawasaki's.
Mr. Kinne: They had the Kawasaki's and now they know why.
Mr. Plummer: Well, they had them before for about almost 60 days, they rode
them and they came down here and said they wanted to go away from Harley's and
they wanted to go to Kawasaki's and that was exactly the same argument they
used. And they also used a further argument that said, well, we had $50,000
worth of Harley parts and what are we going to do about that? Now we've got
the parts for the Kawasaki's, what are we going to do about that? The problem
is simply that the bid of Kawasaki is the lowest and most responsible and I
think this Commission is bound by that.
Mr. Odio (OFF MIKE): $1150 more per unit.
Mr. Plummer: Yes, it's $1150 per motor difference.
Mayor Suarez: What's the total, what are they usually, what are they running
per unit?
Mr. Plummer: That's seven, eight...
Mr. Williams: I've got that information, Mr. Mayor.
Mayor Suarez: Rough; somebody's got to know.
Mr. Williams: The recommended award is $6688 per unit.
Mayor Suarez: And Harley's are how much?
Mr. Williams: $7838 per unit.
Mayor Suarez: Main argument is safety based on what, record or...
Mr. Kinne: Basically the design and the composition of the Harley as opposed
to the Kawasaki. The weight alone is...
Mayor Suarez: What's the weight difference? I'm sorry, that's what I wanted
to ask.
Mr. Kinne: I think a Harley's about 712 and the Kawasaki's somewhere between
550 and 600.
Mayor Suarez: Is it as much as a 20 percent difference in weight?
Mr. Plummer: Weight factor's not the real factor in a motorcycle, Mr. Mayor.
Mr. Williams: I don't have that right here, Mr. Mayor. I can find that
information for you. I must add though that...
Mayor Suarez: No, I would guess from a little knowledge of physics and so on
and engineering that weight by itself is not the only thing, but I mean it's
factor, I mean. It could be overcome other design...
i 41 March 24, 1988
Mr. Plummer: Well, You know, and I'm not arguing one way or the other because
I ;�:at::::d it when it came before me. The difference is that they're using,
all over the United States now, they're switching to Kawasaki's. It's a
better motorcycle, it lasts longer. The problem with Harley's is they're
constant repair. And that's always been the case, it's never been any
different. But it is a motorcycle built for police use and it is being
accepted and has been for the past five, six, seven years.
Mayor Suarez: What was Bill Craig driving?
Mr. Kinne: Kawasaki.
Mayor Suarez: How's he doing?
Mr. Kinne: Not too good.
Mr. Plummer: Not good at all.
Mr. Kinne: He's got a fever, they think he's got a great deal of infection
and they're now worried about pneumonia setting in.
Mr. Plummer: If Bill Craig had been wearing anything but wings regardless of
what kind of motor, when a guy pulls in front of you and he's drunk, it makes
no difference, you're going down.
Mr. Dawkins: I don't know, the bigger machine might have absorbed a little
more impact.
Mayor Suarez: Yes.
Mr. Plummer: No, that wasn't his problem.
Mayor Suarez: What's the difference in total amount if we were to go with
the...
Mr. Plummer: Well, you'd have to go out to rebidding right now.
Mr. Williams: Yes. The total additional, Mr. Mayor, would be $14,950 at the
$1150 per unit. I might add, Mr. Mayor...
Mayor Suarez: $14,000 total?
Mr. Williams: Yes.
Mr. Plummer: For 13 motors.
Mr. Williams: For the 13 units.
Mayor Suarez: Are we convinced that the Kawasaki's are preferable if it were
not for the money?
Mr. Plummer: I...
Mayor Suarez: Or are we bound by the low bid and...
Mr. Plummer: We're using Kawasaki's now.
Mayor Suarez: Right. Madam City Attorney, are we bound by the low bid that
we couldn't say, well, you know, we kind of decided that we maybe ought to
have the bigger ones and the more expensive ones?
Mrs. Dougherty: You ought to change your bid specs if that's what you want.
Mr. Plummer: Oh sure.
Mayor Suarez: Then we'd have to go back and redo the whole thing.
Mr. Williams: If I may add, Mr. Mayor, to my knowledge I don't know of any
safety related problems with the Kawasaki. We've used the motor very
successfully. It's been a relatively low maintenance related vehicle for
sometime. I was not aware of any safety related issues relative to the
Kawasaki.
42 March 24, 1988
0 V
Mr. Plummer (OFF MIKE): The Japanese motor's so nil.
Mr. Dawkins: I don't think it's a safety...
Mayor Suarez: Well, when you started arguing safety, you went to maintenance,
I mean, you know...
Mr. Dawkins: But I don't think it's more of a something that we could measure
as safety, I think it's that...
Mayor Suarez: Right.
Mr. Dawkins: ... and I may be wrong, but I think it's that the officer feels
safer riding the Harley so, therefore, in my opinion that makes it a safer
vehicle. That's just my opinion, I don't know. You know, I don't know, Mr. -
I don't know why they're doing this, I'm just saying that it wouldn't be
something to measure.
Mr. De Yurre: Didn't we get any input when these bids go out as to what is
needed for this to have to happen now?
Mr. Plummer: They all bid on the same specs.
Mr. Williams: These are the same specifications, Commissioner, that we...
Mr. De Yurre: So what's the difference between one machine and the other one?
There's got to be a difference.
Mayor Suarez: ... we have to go with the lower bid even though they both meet
the specs.
Mr. De Yurre: Yes, but I'm talking about as the equipment.
Mr. Plummer: It's no difference.
Mr. De Yurre: What makes one safer than the other?
Mayor Suarez: We're just thinking intuitively that if one weighs more and is
larger and the men apparently feel that way, the officers.
Mr. De Yurre: Then there is a difference between the two as far as weight,
size...
Mayor Suarez: Yes, if the specifications didn't...
Mr. De Yurre: But the specs don't get into that.
Mayor Suarez: ... require a particular weight. Both meet the specifications.
One is more expensive and heavier and, to some people maybe, more safe. I
suppose you could probably show in many cases the lighter one is safer too.
OK, what does the Commission want to do?
Mr. Plummer: It's moved and seconded.
Mayor Suarez: We got a motion and a second?
Mr. Plummer: Yes, as modified.
Mayor Suarez: As modified.
Mr. De Yurre: What's the modification?
Mayor Suarez: It was included in the ... it's not a subst...
Mr. Plummer: The modification was the recalculation showed that the Kawasaki
was cheaper.
Mr. Dawkins: Under discussion. Mr. Williams, why is it that on page two,
you're buying 598 Chevrolet Caprice station wagon, full size, four door and
then you come down and purchase
I
43 March 24, 1988
0
0
seven 1986 Chevrolet diesel vans. Why do you go to diesel?
10:. W,, In a number of cases, Commissioner, we're attempting to
dieselize our fleet. We have found that it is helping us in a lot of areas, as
you must be aware. We've dieselized a tremendous amount of our solid waste
equipment, and we found that it is effective. In the case of the of the
vehicles that I think you are talking about, the wagons, those are basically
standard station wagons, that we'll be using within the Fire Department for
the district fire chiefs.
Mr. Dawkins: My only question sir, is why are we going to diesels instead of
buying both gas vehicles?
Mr. Williams: Yes, it is part of our effort to dieselize the fleet wherever
possible, because it is a better vehicle to maintain.
Mr. Odio: It's much cheaper to operate, Commissioner. It's cheaper to
operate, and maintenance is cheaper, the fuel is cheaper.
Mr. Dawkins: And you don't have to hire any more manpower to service diesel
vehicles, just because you got diesel vehicles.
Mr. Williams: No sir. A great percentage of our fleet is diesel.
Mr. Dawkins: Thank you.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 88-267
A RESOLUTION ACCEPTING THE BIDS OF RAINBOW DODGE INC.,
AT THE PROPOSED AMOUNT OF $1,177,073.22, ANTHONY
ABRAHAM CHEVROLET, INC., AT THE PROPOSED AMOUNT OF
$164,673.06, PALMETTO KAWASAKI SUSUKI, AT THE PROPOSED
AMOUNT OF $86,944.00, MAROONE CHEVROLET, INC., AT THE
PROPOSED AMOUNT OF $53,088.00 FOR A PROPOSED TOTAL
COST OF $1,481,778.28 FOR THE PURCHASE OF A TOTAL OF
88 AUTOMOBILES, 13 MOTORCYCLES, 21 VANS, 5 STATION
WAGONS AND 6 PICKUP TRUCKS AND FURTHER AUTHORIZING THE
PURCHASE FROM HARTMAN CYCLE CENTER UNDER THE STATE OF
FLORIDA CONTRACT NO. 070-840-88-1 AT A PROPOSED COST
OF $9,049.95 FOR THE PURCHASE OF THREE (3) YAMAHA
ATC'S ON A CONTRACT BASIS FOR ONE YEAR TO THE
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION FOR A
PROPOSED GRAND TOTAL OF $1,490,828.23; ALLOCATING
FUNDS THEREFOR FROM THE 1987-88 OPERATING BUDGET FLEET
MANAGEMENT DIVISION ACCOUNT CODE NO. 420301-850
($1,447,168.99) AND SENIOR CITIZEN SPECIALIZED
POLICING PROGRAM GRANT PROJECT NO. 110034 ACCOUNT CODE
NO. 290907-840 ($43,659.24); AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE CHIEF PROCUREMENT OFFICER TO
ISSUE PURCHASE ORDERS FOR THIS EQUIPMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
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.
44 March 24, 1988
COMMENTS MADE DURING ROLL CALL:
Mayor Suarez: I'm going to vote yes, but I... let me say this, Dick, and for
the fut•.:r", =e ;-: "_ al:rt me, at least for myscl:, I would want the
specifications to go out in a way and to read in a way that if the men feel
intuitively that those are safer bikes, or they prefer them for any other
reason, and the difference of the amount of money we are talking about, we
should go with what they prefer.
COMMENTS MADE AFTER ROLL CALL:
Mr. Kinne: It is my understanding the Police Department requested the
Harleys.
Mrs. Kennedy: Well, we didn't know that.
Mayor Suarez: Yes, maybe it just didn't reach us and it is kind of... I have
a feeling that if they would knew how long it would take now for us to undo
this, in addition to the possibility of...
Mr. Dawkins: That's all right, we'll be buying more, and they'll be Harleys
so I have no problem with that.
Mayor Suarez: That's basically...
Mr. Dawkins: I've got no problem with that.
Mayor Suarez: ... if you want to take that message back that some of us feel
that way up here.
------------------------------------------------------------------------------
18. (A) EMERGENCY ORDINANCE: AUTHORIZE CREATION OF ONE OR MORE SAFE
NEIGHBORHOOD IMPROVEMENT DISTRICTS BY DIFFERENT OPTIONAL METHODS. (B)
EMERGENCY ORDINANCE: AUTHORIZE CREATION OF THE WYNWOOD LOCAL GOVERNMENT
IMPROVEMENT DISTRICT - ESTABLISH BOUNDARIES - DISTRICT TO RECEIVE
PLANNING GRANT FROM THE "SAFE NEIGHBORHOODS TRUST FUND" - DESIGNATE CITY
COMMISSION AS BOARD OF DIRECTORS OF THE DISTRICT - PROVIDE FOR
ESTABLISHMENT OF ADVISORY COUNCIL TO BOARD OF DIRECTORS, ETC.
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, I've got two ordinances here that I'd like to get
them in, and the reason I'd like to get them in... where is Mr. Rios? Come
down please. There is money in Tallahassee where we can create a safe
neighborhood program, and I am hoping that... and there again, this is just
our hopes, that with this program, we'd be able to seal off some of the areas,
for me, where there is a lot of drug activity and seal some off some for
something, so... Will you tell them what the safe neighborhood act is, or why
we have to get this itoday?
Mayor Suarez: And basically, it is an application to the Legislature, right?
Mr. William Rios: It is an application to the Department of Community
Affairs.
Mayor Suarez: Right, but for a change in the legislation to allow, I mean for
a specification that these would be treated as safe neighborhoods, and certain
applications can be made for grants?
Mr. Rios: No, one of the special criteria is to participate in the funding
that's available is that there be two ordinances in place.
Mayor Suarez: That's what I meant, in different words.
Mr. Dawkins: That's why we would like to...
Mrs. Kennedy: Is this money coming through the State from the Federal
government?
Mr. Rios: No, it is not.
Mrs. Kennedy: No.
4S March 24, 1988
Mr. Dawkins: It is State wonies. But we have to get this ordinance passed
today, as it has to be an ordinance before he can apply and the proposal is
due on the 25th, is thpt
Mr. Rios: Well, there is $1.6 million available and it is on a first come,
first serve basis, and you can access as much as $280,000 and we feel that if
we are not in there right away, we would miss the boat on some of this
funding.
Mr. Dawkins: And what is the deadline for the proposals?
Mr. Rios: At 6:00 A.M., Friday.
Mr. Dawkins: Friday, so that is why I am trying to get it passed as an
emergency.
Mayor Suarez: Does anybody have any problem with the cover ordinance that
declares them to be covered under safe neighborhoods?
Mr. Plummer: Let me ask a question here. Part of this ordinance states:
"Including a statement of purpose to utilize special assessments on real
property."
Mrs. Kennedy: Where do you have that?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: In other words, the property owners are aware that there is a
potential of a special assessment against them.
Mr. Rios: No, you would be elected a board, and you would make the decision
as to whether an assessment would be in place and the assessment is neither
required, nor necessary.
Mr. Dawkins: You've got to have a public hearing.
Mr. Plummer: Yes, but the predicate to make an application to tax people in a
special assessment district, without public hearing, I'm going to vote "no."
Mr. Dawkins: You can't do it.
Mayor Suarez: Let's get a technical answer to that from... are we in effect
saying that any assessments will be imposed without prior consideration of
this Commission?
Mr. Joe McManus: No, what we are doing...
Mayor Suarez: OK, Joe, tell us.
Mr. McManus:... Mayor, we are laying out the general parameters for safe
neighborhood within the Wynwood area. Obviously, if it is a special
assessment, it has to come back for public hearing, and you would make that
decision.
Mr. Plummer: Yes, but you are also providing a vehicle for special
assessments on property owners.
Mr. McManus: Yes, sir, with the follow-up that you would make the final
decision.
Mr. Dawkins: Madam City Attorney, is there any way we could pass this, as an
intent - legislative intent, in order to permit Mr. Rios to submit his
application, but it has to come back here?
Mrs. Dougherty: In effect, that is what you are doing. You don't have to
accept the application. I mean, you don't have to accept the grant if you
don't like the conditions. All this is, is a purpose where...
Mayor Suarez: Is there any w,, to leave that wording out, altogether, so
there is not even the implication that we intend to head in that direction?...
without... no? Part of the statute.
46 March 24, 1988
Mr. Rodriguez: Mr. Mayor, I believe you have to leave the wording, but
remember, you have also in section six, that the City Commission might elect
not to use any powers, and so or.. T;,i6 ie Lu sYidly our ;.c plan, for the
money for the planning to do that, then you will be, actually the board of
directors of the district, and then you can decide how to implement or not,
after you accept the grant, so you have another step after this, if we get
the grant to accept or not, and that's... understand?
Mayor Suarez: I guess the only concern is that on an emergency basis like
this, without much consideration or feedback from the community that we are
even implying that we may be going in that direction could create headaches
over here, but I guess the Commission has to make a determination, because
otherwise we won't be able to apply in this grant year. Is that the problem?
Mr. Rios: Yes.
Mayor Suarez: What do you want to do?
Mr. Dawkins: I'd go with it, but with the extent that if we don't like the
grant , .:e turn it down, because I for one don't intend, and it will come up
later, to provide no more taxes on the citizens of the City of Miami.
Mr. Rios: It is not our... it was never our...
Mayor Suarez: Just drawing the boundaries of these districts when we actually
do the assessments is quite painful, as we saw before.
Mr. Rios: It's not our intent to...
Mr. Dawkins: So I move it, I don't know what is going to happen.
Mayor Suarez: Moved with concern by Commissioner Dawkins. Do we have a
second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll.
Mr. Dawkins: Wait until J.L. gets off the phone. Hold it.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Commissioner Plummer, do you want ask anything before we vote on
it? We see the problem, I mean it's either we apply now, or we don't have a
chance at it. At the same time, it is kind of... it is a statement of
intent - I suppose the fact that we are going to have hearings.
Mr. Plummer: The saving factor, of course, is the City Commission is in fact,
the board.
Mayor Suarez: Yes.
Mr. Plummer: I'll vote along with it.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE CREATION OF ONE
OR MORE SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS WITHIN
THE CITY OF MIAMI, FLORIDA, BY THREE OPTIONAL METHODS;
A LOCAL GOVERNMENT NEIGHBORHOOD IMPROVEMENT DISTRICT
PER SECTION 163.506 F.S.; A PROPERTY OWNERS
ASSOCIATION NEIGHBORHOOD IMPROVEMENT DISTRICT PER
SECTION 163.508 F.S.; A SPECIAL NEIGHBORHOOD
IMPROVEMENT DISTRICT PER SECTION 163.511 F.S.; ALL IN
ACCORDANCE WITH THE "SAFE NEIGHBORHOOD ACT".
Was introduced by Commissioner Dawkins 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:
47
March 24, 1988
I
AYES= Commissioner Victor De Turre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
Whereupon the Commission on motion of Commissioner Dawkins 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. 10405.
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. Dougherty: We have another one in connection with that same.
Mr. Dawkins: One more, we've got another one.
Mayor Suarez: I'm sorry, the second ordinance is the actual creating the
ordinance on the specific district.
Mr. Dawkins: Move it.
Mayor Suarez: Moved, seconded. Any discussion? Read the ordinance.
THEREUPON, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD, BY
TITLE ONLY.
Mayor Suarez: Call the roll.
Mr. Plummer: Wait a minute. I'd like to modify section five - "An advisory
council to the board of directors comprised of property owners or residents of
the district, as appointed by the Commission, the City Commission."
Mr. Dawkins: I accept the amendment.
Mayor Suarez: OK, does the movant accept the amendment?
second accept the amendment? - whoever seconded it.
Mr. Dawkins: Commissioner Kennedy.
Mayor Suarez: Vice -Mayor? Yes? Call the roll.
48
Yes? Does the
March 24, 1988
i 40
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AUTHORIZING THE F-REf-70N ^- THE
WYNWOOD LOCAL GOVERNMENT IMPROVEMENT DISTRICT; IN
ACCORDANCE WITH SECTION 163.506 F.S.; AN AREA OF
APPROXIMATELY 368 ACRES IN SIZE LOCATED WITHIN THE
CITY OF MIAMI; BOUNDED BY N.W. 36TH STREET, N.W. 21ST
TERRACE AND N.W. 22 STREET, MIAMI AVENUE, AND N.W. 6TH
AVENUE; AUTHORIZING THIS DISTRICT TO RECEIVE A
PLANNING GRANT FROM THE SAFE NEIGHBORHOODS TRUST FUND;
INCLUDING A STATEMENT OF PURPOSE TO UTILIZE SPECIAL
ASSESSMENTS ON REAL PROPERTY WITHIN THE DISTRICT;
DESIGNATING THE MIAMI CITY COMMISSION AS THE BOARD OF
DIRECTORS OF THE DISTRICT; PROVIDING THE ESTABLISHMENT
OF AN ADVISORY COUNCIL TO THE BOARD OF DIRECTORS
COMPOSED OF PROPERTY OWNERS OR RESIDENTS OF THE
DISTRICT; PROVIDING FOR THE OPTIONAL PROHIBITION OF
THE USE OF ANY DISTRICT POWER AUTHORIZED BY SECTION
163.514 F.S.; PROVIDING FOR THE DISSOLUTION OF THE
DISTRICT BY THE CITY COMMISSION BY RESCINDING THE
HEREIN ORDINANCE; ALL IN ACCORDANCE WITH THE "SAFE
NEIGHBORHOOD ACT."
Was introduced by Commissioner Dawkins 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.
E reupon the Commission on motion of Commissioner Dawkins 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. 10406.
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. (A) CLOSURE OF DESIGNATED STREETS IN CONNECTION WITH COCONUT GROVE MUSIC
FESTIVAL. (B) ALLOW REPRESENTATIVES OF COCONUT GROVE MUSIC FESTIVAL TO
POST BOND IN LIEU OF SOLID WASTE FEES.
Mr. Plummer: Mr. Mayor, there is a request here for the Coconut Grove Music
Festival to close the streets, since they'll be coming up very quickly.
Mayor Suarez: Is it April 10th, I think they have their...
Mr. Plummer: I would move that the designation be done to close the streets
under the normal procedures of indemnifying the City, and approval by the
police, fire and administration.
49 March 24, 1988
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded, any discussion? Call the roll on the
closing of the streets.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 88-268
A RESOLUTION CONCERNING THE COCONUT GROVE JAZZ
FESTIVAL TO BE HELD APRIL 10, 1988, SPONSORED BY
TERREMARK, INC. AS A BENEFIT FOR THE UNIVERSITY OF
MIAMI MUSIC PROGRAM, CLOSING CERTAIN STREETS TO
THROUGH VEHICULAR TRAFFIC ON THAT DATE DURING SPECIFIC
HOURS AND ESTABLISHING A PEDESTRIAN MALL SUBJECT TO
ISSUANCE OF PERMITS BY POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES DEPARTMENTS; DESIGNATING AN AREA
PROHIBITED TO RETAIL PEDDLERS DURING SAID EVENT;
SUBJECT TO AND CONTINGENT UPON COMPLIANCE WITH SUCH
CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote:
AYES: Commissioner 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: I know the question always comes into your mind at that this
moment whether that means we are not waiving any fees, or otherwise allocating
any money, and in view of the time constraints and the fact that this
Commission hasn't done that now for I don't know how many Commission meetings,
for any festivals, you can try, but you are in a...
NOTE FOR THE RECORD: AT THIS POINT, AGENDA ITEM 10 WAS WITHDRAWN.
Mayor Suarez: I don't predict victory on any, but the reduction, Mr. Manager,
of the size of the requirement for police and of course, the possibility of
bonding out for solid waste, do we need to take a motion on that, or can you
handle that as a matter of...
Mr. Odio: Not now, I will help them now, but...
Mayor Suarez: Are you interested in that? Do you know how we... I'll
entertain a motion for that festival, that they can put a bond for...
Mr. Dawkins: Second.
Mayor Suarez: ... their removal of their own solid waste, or however we
usually phrase that. So moved and seconded. Any discussion? Call the roll.
50 March 24, 1988
i 40
The following motion was introduced by Commissioner Kennedy, who (moved
its adoption:
MOTION NO. 86-268.1
A MOTION TO ALLOW REPRESENTATIVES OF THE COCONUT GROVE
JAZZ FESTIVAL TO POST A BOND IN LIEU OF THE COST OF
SOLID WASTE FEES AND SERVICES IN CONNECTION WITH THEIR
EVENT, SAID MONEY TO BE REIMBURSED AFTER PROPER
CLEANUP FOLLOWING SAID EVENT.
Upon being seconded by Commissioner Davkins, 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 I also, Mr. Manager, please, work with them to reduce the
need of police. I mean, I've heard figures of $2,000 or $3,000 for one day
for this kind of a festival, I mean...
Mr. Odio: Yes, sir.
Mayor Suarez: All right, sir.
20. RATIFY CITY MANAGER'S NEED FOR IMMEDIATE EMERGENCY PURCHASE OF EIGHT
ELECTRIC GOLF CARTS/PERSONNEL CARRIERS FROM E-Z-GO OF SOUTH FLORIDA FOR
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION.
------------------------------------------------------------------------------
Mayor Suarez: Item 11.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll on 11.
51 March 24, 1988
I']
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION N0. 88-269
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING, BY A
*/5TH AFFIRMATIVE VOTE OF THE MEMBERS OF THE CITY
COMMISSION, THE ACTION OF THE CITY MANAGER IN FINDING
THAT THE IMMEDIATE PURCHASE OF EIGHT (8) ELECTRIC GOLF
CARTS/PERSONNEL CARRIERS IS AN EMERGENCY PURCHASE;
FURTHER AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER
FOR SUCH EQUIPMENT TO E-Z-GO OF SOUTH FLORIDA,
DIVISION OF TEXTRON, INC., FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION AT A TOTAL PROPOSED
AMOUNT OF $31,391.00; FUNDS THEREFOR BEING ALLOCATED
FROM THE 1981-88 OPERATING BUDGET FLEET MANAGEMENT
DIVISION ACCOUNT CODE NO. 420401-660 (S15,691.00) AND
THE SENIOR CITIZEN SPECIALIZED POLICING PROGRAM GRANT,
PROJECT NUMBER 110034, ACCOUNT NUMBER 290907-840
(S15,697.00).
(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.
21. EXECUTE AMENDMENT TO AGREEMENT WITH FULLER AND SADAO - INCREASE TOTAL
FEES (BAYFRONT PARK REDEVELOPMENT - PEPPER FOUNTAIN).
Mayor Suarez: Item 12.
Mr. Plummer: For Bayfront Park.
Mr. Odio: In order to build the Pepper Fountain, Mr. Mayor, they have to
develop a prototype of the fountain and it costs $25,000. The money was
allocated for that, so we are just asking you to...
Mayor Suarez: I entertain a motion on 12.
Mr. Odio: This is within the Bayfront Park budget.
Mayor Suarez: Moved.
Mr. Dawkins: 127 Hold it. Oh, hold 12.
Mayor Suarez: Commissioner Dawkins. Do we have a second on 12?
Mr. Dawkins: Yes.
Mayor Suarez: Second for discussion?
Mr. Dawkins: Yes.
Mrs. Kennedy: Do I put my gloves on?
Mr. Dawkins: No, darling, have a seat.
52 March 24, 1968
0 •
Mr. Plummer: Before you fall!
Mr. Dawkins: You know, Noguchi, we have $1,259,950. What :b time, iu.%
Somebody tell me.
Mr. Pete Long: I'm Pete Long, Department of Public Works. That's for the
design and the specification plans for Bayfront Park.
Mr. Dawkins: And $1,259,950, they could not design a prototype of a fountain?
We got to pay them $25,000 more for them to build a model of a fountain?
Mr. Long: Well, they are not going to build it, they are going to hire a
qualified pool designing firm to build a prototype and from that prototype,
they will determine the specifications that they need to draw to produce the
type of fountain or water sculpture that they want.
Mr. Dawkins: OK, what is budgeted for the fountain now?
Mr. Long: For the total project, $2,800,000.
Mr. Dawkins: What's budgeted for the total fountain now? - fountain only.
Mr. Long: Pepper Fountain?
Mr. Dawkins: Yes.
Mr. Long: $2,800,000.
Mr. Dawkins: $2,800,000? Is that right?
Mr. Long: Yes, sir.
Mr. Dawkins: Now in the event, just in the event now, that these individuals
for $25,000, build a model and say it takes another $1,000,000 to with which
to construct the fountain, where does the other $1,000,000 come from?
Mr. Odio: They had better find it, because...
Mrs. Kennedy: Not from the City, and I'll put that on the record.
Mr. Dawkins: Hold it! But you see, then, we spend $25,000... no, we spend
$1,259,950, and another $25,000 and we don't get our park - Commissioner
Kennedy - pool, our fountain.
Mrs. Kennedy: Commissioner Dawkins let me just state it is my understanding
that the money already has been allocated. This is not new money, the money is
there. They can either build it without the prototype and make a mistake and
then that is going to be much worse.
Mr. Dawkins: But, Noguchi and everybody knew, Commissioner Kennedy, when they
designed this park, what they were going to need for a fountain, a Pepper
Fountain. Now, all of a sudden, they've got to go out and hire an outside firm
to come in and build a model, pay $25,000 to build a model, to tell them what
they have to do to construct a fountain. Go ahead.
Mr. Long: Commissioner, 1 consider this to be a legitimate testing expense,
just as if you were going to build a marina and you needed to know how long
your pilings had to be to construct that marina. You would hire a testing
laboratory to go out and take core borings. In this case, the consultants
need to know the effect of these jets and nozzles and so forth are going to
have on this water, no one knows - to be able to adequately specify the
correct thing, so that when I start to build this thing, I don't have to make
a lot of very expensive changes in that design. I believe that the $25,000
spent now, to adequately define the specifications we have to have will result
in a considerable savings when we start the building.
Mr. Dawkins: Pete, the only thing I am saying is, that for a company to tell
me that they are going to design a fountain and tell me that their design
services costs $1,259,950, and they do not put in there or tell me at that
time, that they have got to have a prototype of a fountain before they can
build it, I just don't understand how they can stay in business, I mean, this
way. What they have done is come and got $1,259,000, now they are going to
come back and have me pay $25,000 for something they should do.
53 March 24, 1988
0 •
Mr. Long: Well, I guess it determines who you think should do that, but it is
not uncommon, as I understand it, and I'm just...
Mr. Dawkins: For the City... you are right, for the City of Miami to waste
money.
Mr. Long:... I am learning about this. It is not uncommon to build prototypes
of fountains and it is usually done as an extra expense.
Mr. Dawkins: All right then, Noguchi didn't know it at the time that he
designed this pool and started it that he would need a prototype?
Mr. Long: Truthfully, Commissioner the fountain design was... the concept of
the fountain was changed after Noguchi initiated his contract. He is
simulating a fountain that now exists in Mexico City.
Mr. Dawkins: So now the fountain will cost $2,800,000, plus $1,259,000, plus
$25,0007
Mr. Long: No sir. You can't add the $1,200,000 to that. That is spread over
all five phases of the park.
Mr. Dawkins: OK, no further questions.
Mayor Suarez: Do we have a motion?
Mr. Dawkins: Now, $25,000 is added to this. Do I get $25,000 added to my
City of Miami parks, the $8,000,000 that I had?
Mr. Long: Commissioner, this...
Mr. Dawkins: No, no, wait, I'm through with you, you are an employee. No,
no, that comes from the Manager. Mr. Manager...
Mr. Odio: Yes, sir.
Mr. Dawkins: We passed a resolution up here that we would spend dollar for
dollar on every Miami City Park that we spend on Bayfront Park.
Mr. Odio: Yes, sir.
Mr. Dawkins: This is a $25,000 additional funding for Bayfront Park.
Mr. Odio: It is not additional funding.
Mr. Dawkins: Why isn't it?
Mr. Odio: It is not additional funding. It is within the budget that was
prepared a year ago and that we said... we had ordered that committee they
could not exceed. It is within the budget. Now, Commissioner Dawkins, you
should have in your office, and I was glad to see it yesterday, we have a full
report for you and the Commission, on where we are going to spend the monies
on the parks. We have already some in progress that you will be glad to see,
and it should be in your office, and as we promised, we would have it before
April. We had it yesterday, and I think you will be glad to see it.
Mr. Dawkins: Mr. Manager.
Mr. Odio: Yes, sir.
Mr. Dawkins: I'm going to read this, and you explain it to me. "It is
respectfully recommended that the City Commission adopt the attached
resolution authorizing the City Manager to execute an amendment to the
agreement in the form acceptable to the City Attorney, increasing the total
fees to be paid by the City of Miami by an amount not to exceed $25,000." OK,
now, I don't care what you tell me, where you are getting the money from, you
are adding to the development cost of the park.
Mr. Odio: Commissioner, let me read something to you. "The $25,000 to a
possible total of a million two fifty-nine. With the funds for the increase to
be provided from an existing appropriation to C.I.P. 331306." They cannot get
54 March 24, 1988
other peonies. This is what they have and they are reallocating. In fact,
Commissioner Kennedy has been working on a plan, Commissioner, that hopefully
we •ill save some money in the park.
Mr. Dawkins: You know, this is not Miller Dawkins and Commissioner Kennedy,
OK?
Mr. Odio: What I am saying, I think...
Mr. Dawkins: I mean, I don't know why every time I start with Bayfront Park,
everybody wants to say I am beating up on Commissioner Kennedy.
Mr. Odio: No...
Mrs. Kennedy: No, of course not.
Mr. Dawkins: "I don't care about Commissioner Kennedy." Yes they do! I
don't care! But, I also am tired of your spending... how did you spend for
this park?
Mr. Odiu: We are going to spend $30,000,000.
Mr. Dawkins: $36,000,000.
Mr. Long: No, sir, we are not going to spend that much.
Mr. Odio: Somebody...
Mr. Dawkins: It is in excess of $30,000,000.
Mr. Long: Our budget for the parts of the park that I am building is
$22,000,000. Added to that $9,000,000.
Mr. Dawkins: What is the total construction cost of Bayfront Park? - total?
Mrs. Kennedy: $30,000,000, tell him.
Mr. Long: $30,000,000. That includes $9,000,000 for the engineers.
Mr. Dawkins: All right, all right, now, all right, $30,000,000, right?
Mr. Long: And that is not construction cost.
Mr. Dawkins: Now, when you get to $30,000,000, I want you to cut off, stop.
Whatever you haven't completed at $30,000,000, let's stop.
Mr. Odio: We will, Commissioner.
Mrs. Kennedy: Commissioner Dawkins, let the record reflect that I have
stated...
Mayor Suarez: They have to at thirty million because we've only approved
thirty million.
Mrs. Kennedy:... that I would not come back to this Commission asking for
money for Bayfront Park. The City already gave the money that it was going to
give to Bayfront Park, and the shortfall that we have, which is about
$500,000, we are raising privately.
Mr. Plummer: This is the most expensive $11,000,000 project of which total
funds were going to come from the private sector, according to Tina Hills, I
ever heard of.
Mayor Suarez: You have to bring that up again?
Mr. Plummer: I've heard of overruns. I've heard of overruns! You know, it
must be that neighborhood, because Pavilion was built, there was a 54 percent
overrun, and this one now takes the candle and the cake.
Mr. Dawkins: No further questions.
Mayor Suarez: Item 12, do we have a motion?
55 March 24, 1988
0
Me. Hirai: Commissioner Kennedy. I am missing a second.
Mayor Suarez: He seconded it for discussion, so, call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-270
A RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH FULLER 6 SADEO, P.C.,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, INCREASING
THE TOTAL FEES TO BE PAID BY THE CITY BY AN AMOUNT NOT
TO EXCEED $25,000; WITH FUNDS FOR THE INCREASE TO BE
PROVIDED FROM AN EXISTING APPROPRIATION TO C.I.P. NO.
331306, INDEX CODE 559204 - BAYFRONT PARK
REDEVELOPMENT - PEPPER FOUNTAIN FOR PROJECT EXPENSE
COST.
(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:
Mr. Plummer: In honor of Noguchi, I vote yes.
22. DISCUSSION CONCERNING ISSUANCE OF REQUEST FOR PROPOSALS FOR A UDP FOR
DEVELOPMENT OF A FULL -SERVICE BOAT YARD FACILITY, MARINA AND ANCILLARY
MARINE -RELATED RETAIL USE (AT 2640 SOUTH BAYSHORE DRIVE) - NO ACTION
TAKEN.
Mayor Suarez: Item 13.
Mr. Odio: This is authorizing the City Manager to issue the RFP for the full -
service boatyard facility, marina and ancillary marine -related retail use at
the property known as the Merrill -Stevens.
Mr. Plummer: Tell us what is different from this RFP and the last one.
Mr. Odio: The date that we are going to mail it.
Mr. Plummer: The what?
Mr. Odio: The date which we are going to mail them out, that is all.
Mr. Plummer: Mr. Manager, I want to ask two questions. Commissioner Kennedy
brought up a little while ago, are we requiring in this new RFP, and not just
of the ones that are here present, but all - full disclosure?... including the
percent of which they are a participating partner. Is that in there?
Mr. Odio: Yes, sir.
Mr. Plummer: Is there a provision in this new RFP of a transfer right, or not
transfer right?
56 March 24, 1988
i
•
Mr. Odio: Well, this RFP is exactly the same as the one we issued before
and...
Mr. Plummer: I'm asking if it is there.
Mr. Odio: Is that in there?
Mr. John Gilchrist: (OFF MIKE) It requires It is not in the RFP...
(INAUDIBLE COMMENTS)
Ms. Hirai: Excuse me, John...
Mr. Dawkins: We can't hear you, get on the mike, please!
Mr. John Gilchrist: It requires the approval of the City Commission for any
assignment.
Mr. Plummer: OK, the other question that arose after we went out with the
election before: What is the position... hello, Mr. Manager? I don't mean to
exclude my Mayor... the question arose about gasoline. Yes, whether they had
the exclusive right to sell gasoline along the waterfront.
Mr. Odio: No, I think we have the right to sell gasoline over here, but
when...
4r. Plummer: There was some question raised and that is why I'm asking for
:larification.
Ir. Gilchrist: I need to say something. In the RFP that you have in your
land, there are two changes, and I know the Manager said it is exactly the
same. We are proposing...
Mr. Plummer: Mr. Gilchrist, this is Mr. Odio.
Mr. Gilchrist: Yes, sir.
Mr. Plummer: Mr. Odio, this is Mr. Gilchrist.
Mr. Gilchrist: I apologize for that contradiction, but I did put in the
document...
Mayor Suarez: What are the very minor differences?
Mr. Gilchrist: ..... because I was ordered by the Law Department, and I share
that position.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: What are the two changes?
Mr. Gilchrist: Right. So, let me just read that: "Uses proposed for this
property are not to be construed to mean exclusive rights or uses on City
owned Dinner Key properties." And the Manager did order me to do that, and...
Mr. Plummer: What's the other one?
Mr. Gilchrist: And the other one is that any proposal deemed by the City
Manager, and this is in the public notice, to be non -responsive, or not
responsible in possessing the financial capability of the successful proposer,
as defined herein, or to not meet the minimum requirements of this request for
proposals shall be rejected by the City prior to the unified development
project evaluation process.
Mr. Plummer: When you say rejected by the City, is that the Manager, or the
City Commission?
Mr. Gilchrist: It takes the City Commission to do that, sir. The City means
City Commission. We would like to bring it to you, but the problem that we
had, is that it was our perception that the proposals were deficient
previously, and it was ruled by the Law Department that it didn't matter
whether it was deficient or not, we had to go through the review process. I
would like the right to bring that back to you and suggest to you if they are
deficient.
57 March 24, 1988
Mr. Plummer% Don't go through the process if it is not, right.
Mr. Gilchrist: Yes.
Mr. Plummer: Now, the question is, why do you think this RFP will fly, when
the last one didn't?
Mr. Gilchrist: Are you asking me that question, air?
Mr. Plummer: It is being proposed that we put it back out, exchanging the
date.
Mr. Gilchrist: Well, the Commission, in its wisdom at the last Commission
meeting, ordered me to issue the same RFP.
Mayor Suarez: He is saying he has no opinion on that point. He has been
ordered by this Commission to do this.
Mr. Plummer: OK. Mr. Manager, it is my opinion, that if you put out the
same, and put just the change of date, you are going to get the same results.
I personally feel that we need to take some more time and put some
flexibility. I think to the extent of options, OK?... and I'm not trying to
stand here and tell you what those options are, that is what I pay you a lot
of money to do, but if you...
Mr. Odio: (OFF MIKE) Not a lot.
Mr. Plummer: What do you mean, not a lot?
Mrs. Kennedy: You know, that's not...
Mayor Suarez: No, no, no, no.
Mr. Plummer: Oh, now he is starting an hour discussion.
Mayor Suarez: No, no.
Mr. Plummer: Yes, right!
Mayor Suarez: Thank you, thank you!
Mr. Plummer: You are right, we don't pay you a lot, we pay you too damn much,
but anyhow, I think that you need to put...
Mayor Suarez: Don't clap for him. He voted for that salary.
Mr. Plummer: Yes, that is all right, he has all of your names and addresses,
when you come up to the microphone. I think that you should have some
flexibility. If you do this, you can do this. I don't think that what we are
looking at right now is going to fly. I just really don't think that. I
think that you need to say, OK, if you want to put in a restaurant, if that's
what the big bugaboo was one time, then you get this taken away. If you are
going to do this, the City Commission can make a decision on some flexibility.
I think that if you put back out what you had before, you are going to get the
same results. I just think there has got to be flexibility. There has got to
be some change in there to appeal to the voters. If not, in a way, you are
defying the voters by saying: Hey, you didn't like it before, but we are going
to cram it down you again.
Mr. De Yurre: J.L. ...
Mr. Plummer: I think you have got to have some flexibility.
Mr. De Yurre: Are you changing your position? -because last meeting you were
the one that said exactly the same thing: "Bring it back, don't change it,
don't move, don't do anything," so we... until today!
Mr. Plummer: Until this time and we would have the right to discuss it.
Mr. De Yurre: OK.
s8 March 24, 1988
Mr. Plummer: No, no, I am not changing my position at a111
Oh.
Mr. Plummer: OK?
Mr. Dawkins: OK, I say put it out just like it was, and you get it back just
like it was. In my opinion it is very unfair to the group who took their time
to bid on it and for some reason, lost it and have come back now and let other
individuals profit from their expensive experience. Put it out, let everybody
bid on the same thing that the group who bid... who the successful only bidder
last time. Now, if nobody wants to bid on it but them, and they are the only
ones who come in and they'll have to make whatever adjustments that the voters
want made.
Mrs. Kennedy: I said it before, and I'll may it again. I don't think that
you should discard the possibility of the City developing it as a full -service
boatyard. It is one of our most valuable pieces of property, and we will
never get a chance in our lifetimes to revisit it again.
Mr. Plummer: (OFF MIKE)... got shot down. I've brought that up two years ago,
and got shot down.
Mrs. Kennedy: Not by me. I said it too. I got shot down by him.
Mayor Suarez: Anything else on this item? I presume since the CPA firm is
going through exactly the same process as before, it is not going to be a
major expenditure for us, right?
Mr. Plummer: Well, it could be different bidding. It could be different
individuals.
Mr. Gilchrist: Well, they have to spend time to review whatever the proposals
are in the...
Mayor Suarez: The same evaluation? I mean, it is the same essential
proposal.
Mr. Gilchrist: They have done a lot of it and that is why we are recommending
that we use the same firm, because they are familiar with it.
Mayor Suarez: And we are expecting a much smaller bill this time?
Mr. Gilchrist: I would hope so, yes, air.
Mayor Suarez: OK, I hope you let them know that. Any further discussion on
this item? Do we have a motion and a second?
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes.
Mr. De Yurre: I don't know, I just get a feeling that we are going nowhere
with this, and like we are going to be going around in circles. Logically, if
there are no changes, there are no reason to get any other result other than
what we got the first time, and I don't see that we are really heading in any
direction that is going to lead to any fruition at all, and you know, I don't
know, I'd rather just, you know, if we can re -group and gather our thoughts
and come back with something that would appeal to investors or, you know, if
Rosario throws out the concept and J.L. says he had the idea two years ago, I
mean, there are a lot of ideas flying around here, but I don't see anything
concise, so we can say, you know, we are heading in the right direction, and I
just don't feel... we are probably going to end up in another dead end, an
expensive dead again!
Mr. Dawkins: Well, we had a public hearing, very spirited, and everybody came
down and they spoke and nobody wants a hotel, or nothing on that property that
blocks out the view of the bay. Now, you can talk in terms of putting
something there other than a full -service marina, and you think we got a
problem with... what is that tax we just... those people called my office on?
Mayor Suarez: Street cleanup.
59 March 24, 1968
Mr. De Turre: It is not a tax.
Mr. Dawkins: Fees, all right, street cleaning fees. Now, you think you had a
problemt You talk about putting something here that is going to block out the
view of this bay, and this little isthmus will sink with all the people who
come out here.
Mr. De Yurre: It is not a matter of what you put there, it is a matter of
something that is feasible, if it means keeping the marina as it is, then
let's work out a deal with the people that are there, so they can make the
repairs that need to be made, but you know, we've got to move in some
direction.
Mr. Dawkins: It's a full service... I don't know. I'm finished.
Mrs. Kennedy: I agree. Why don't we continue the public hearing?
Mr. De Yurre: You know, I'm not set to vote one way or the other, I'm just
not ready to vote.
Mr. Dawkins: Well, somebody has to continue it. You have to do something with
it.
Mrs. Kennedy: OK, so I will make a motion then, so we can get more input, to
decide what we want to do.
Mr. De Yurre: Well, let's do that, then.
Mr. Spencer Meredith: Excuse me, Mr. Mayor and members of the Commission. If
this is a public hearing, I'd like to say something, and there may be others
here who wish to speak on the issue too.
Mr. Plummer: (OFF MIKE)... It is being deferred, do you want to talk?
Mr. Dawkins: I'll wait until we defer it.
Mr. Meredith: If it is going to be deferred, then I think we'd probably,
whoever wants to speak, would probably all want to speak at the same time. In
other words, I think the best...
Mr. Plummer: (OFF MIKE) It's going to be deferred.
Mr. Meredith: That will be fine, certainly, as far as I am concerned. I
only am aware that there are a number of people who probably would like to
speak on the issue, and it would be helpful if you had some input from a
variety of different sources.
Mayor Suarez: Well...
Mrs. Kennedy: Then I will make a motion then to move to have another public
hearing.
Mayor Suarez: ... there are a lot of people, by the way, who would like to
speak on this issue. That doesn't mean that there will be anything new stated,
and that this Commission needs to entertain... to hear any more arguments on
it. What I am sensing though, is that the Commission's is going to change its
mind after we... I thought we decided to go back on the ballot with this, and
this time try to educate the voters and get this passed, so that hopefully
they can carry out, what is, I think, one of the most difficult RFP's that
I've seen since I've been here, in terms of the requirements, of it, and I am
troubled by this.
Mr. Plummer: (OFF MICROPHONE) Well, Mr. Mayor, that is also one of the
questions when I proffered in the alternatives. I'm not convinced and a lot
of other are not, that regardless of who bids, and I'm sure, Dr. Dunn, who was
the successful bidder before, has some question whether or not he can
financially make it under this set of circumstances, even though he did, so
you know, I think that these are real questions that have to answered.
Mayor Suarez: Well, you could have made the requirements a little bit less
difficult to meet, and he wouldn't have so many questions about how to meet
them.
60 March 24, 1988
Mr. Plummer: Well, I am saying... that is the question that I am raising, are
we better off making some
Mayor Suarez: If you are doing it to help him out, he is one to take it as it
In.
Mr. Plummer: If it is deferred we have the right to develop these options.
Mr. Meredith: Excuse me, Mr. Mayor, just to comment on something.
Mayor Suarez: Spencer.
Mr. Meredith: The whole process has taken roughly a year to bring us to this
point today.
Mr. Plummer: No, fivef
Mr. Meredith: And you know, the voters having rejected it, you are in a
position of really literally having to go back and start the process over
again. If you are starting out with exactly the same documents, I might point
out that these are not even the same documents that they were before. They are
even more stringent today than they were then.
Mayor Suarez: In what sense?
Mr. Meredith: There is a particular difference...
Mayor Suarez: At the inception of the process.
Mr. Meredith: Yes, I am saying that the bid specs today are more stringent
than they were a year ago, and the reason for that is that exclusivity, which,
as the City Manager pointed out, was not a clear issue in the first bid specs
is now spelled out very clearly. For example, one of the profit centers on
the marina is the sale of fuel, and in the past, Merrill Stevens has had,
essentially, has been the sole supplier of fuel in this area. If that is no
longer going to be an exclusivity, then the potential profit in that operation
is significantly less. 1 might point out that the same bid...
Mayor Suarez: But that does not constitute a change from the proposal as it
went to the voters. It may constitute a change as the RFP was initially
proposed the last time around, or just a clarification from a legal
standpoint. We are not changing anything, I mean, substantive, that I know
of.
Mr. Meredith: No, actually, that is part of the problem. In fact, the real
problem comes down to how much and how long, and I think that there is
probably a lot of input from people who are in the trade, who would like to
give you some benefit of their experience, because the truth was, you had 90
bids picked up, and you only got two people who were willing to respond to it,
and your review committee was not enthusiastic about either of them.
Mayor Suarez: That's why it went to the voters and that is why...
Mr. Meredith: The voters turned it down.
Mayor Suarez: ...it would have to in this case if we didn't get more than one.
NOTE FOR THE RECORD: COMMISSIONER PLUMMER LEFT THE MEETING AT 5:45
P.M.
Mr. Meredith: Isn't there something wrong somewhere? Shouldn't you sort of go
back and re -group and see what the problems are?
Mayor Suarez: I have my own ideas as to what I think is wrong, but it may not
necessarily be the same as yours. Dr. Dunn?
Dr. Marvin Dunn: My name is Marvin Dunn, I live at 3530 Crystal View Court. I
want to respond to Commissioner Plummer's comment a few moments ago, that he
was sure that our group had reservations about these specifications. We have
no reservations about the RFP as it was issued the first time. We have
absolutely no reservations about it being reissued as it was. We know we
61 March 24, 1988
0 0
could make money on this property, otherwise we wouldn't be here. We believe
the City had a good set of terms for the property. It can be improved and
money could be made there. We think that a pri••t:? : =" -'-e~= be able to
operate it better than the City of Miami might be able to operate it, quite
frankly. So, even though apparently there are reservations on the Commission,
apparently the Miami Herald has its reservations, but we don't, and if there
are no others to come forward to bid, then we're willing to try to educate the
public as what we are offering, and if we got a little bit of help from the
Commission in doing that, if it came to that point, we think the voters would
approve. The voters did not turn down the RFP, they turned down this
particular lease in an election that probably was clouded with many other
Issues. So we urge the Commission to go forward. It is position as stated the
last time you addressed it, to reissue. Certainly, it was to our liking, and
we urge the Commission not to allow the matter to fester and not be resolved
for another several weeks. We are ready to go forward.
Mayor Suarez: I don't know if you know this, but one of the public notices
that was sent out and was published in a Spanish publication, actually had a
word that was misspelled and it gave a whole different idea of what was on the
ballot, so that would be one of the kinds of things that could be improved if
the Commission were disposed to put this back on again, and I forget the exact
term it was, but I remember my staff showing it to me. Madam Vice Mayor.
Mrs. Kennedy: I think the sense, the pleasure of this Commission is to defer
for at least another two weeks, so if that is the case, I so move.
Mr. Dawkins: I'll be voting against the deferral, because as I said in the
very beginning, if anybody wanted to bid on this, they would bid on it. Now,
this group took it upon themselves, and because they were the only group to
bid, now, you want to come back, sent out another RFP that is watered down,
and they are going to be kicked out of the ball park and you know what you are
going to say? "Well, they had the right to it. You know, they had as much
right to it as everybody else." That's not right. They don't have as much
right. If they had as much right, they would have it, because they were the
only group to bid on it, and now you are going to come back and say to them,"
"Well, you know, the voters say that you guys can't hack it, so therefore, we
are going to reduce the requirements and put it out and let somebody else beat
you out in the bid."
Mr. Stuart Sorg: Mr. Mayor, the City Manager spoke to the Coconut Grove
Chamber of Commerce last week, and the logic that he presented on coming up
with the formula for developing the RFP made sense. This was also presented
to the Waterfront Board and we adopted it. I'm chairman of the Waterfront
Board. My recommendation is...
Mayor Suarez: Give us your name for the record, Stuart.
Mr. Sorg: Stuart Sorg, I'm chairman of the Waterfront Board. My
recommendation is that we go ahead, go out with the bid, if we don't get three
bidders, we can always come back and take a look at it again, but I think
everybody is set now, the bid have been put together. Let's just see what
happens. I think some people may bid on it this time.
Mayor Suarez: OK, that was the position taken by the Waterfront Board, I
guess, the first time around, and presumably this time. Anything further from
the Commission? We have a motion to defer the item pending further
consideration of modifications, I guess, in the RFP.
Mr. De Yurre: I'll second.
Mayor Suarez: We have a motion and a second. Any further discussion? Call
the roll.
MOTION FAILED. UPON MOTION duly made by Commissioner Kennedy and
seconded by Commissioner De Yurre, motion to defer this item
failed by the following vote of the Commission:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
NOES: Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
62 March 24, 1988
0 V
ASSENT:
Commissioner J. L. Plummer, Jr.
Mr. Dawkins:
The motion failed by two to two tie, the motion fails. I mean,
let the record
reflect now.
Mayor Suarez:
Any other motions from the Commission on this item?
Mr. Dawkins:
No?
Mayor Suarez:
If there are no other motions...
Mr. Dawkins:
The RFP goes out.
Mayor Suarez:
I don't think that is necessarily the case. Madam
City
Attorney? I was just going to go on to the next item because of...
Mr. Odio: I think
you have to vote on the resolution, on the item 12 itself.
Mayor Suarez:
OK, I believe we do. I'll entertain a motion on
the
resolution.
Mr. Dawkins:
I move it. It will just become a two -two tie again.
Mayor Suarez:
Moved. Do we have a second? I'll second.
Mrs. Kennedy:
It has been moved and seconded. Any further discussion?
Call
the roll.
MOTION FAILED. Upon motion duly made by Commissioner Dawkins and
seconded by Mayor Suarez, motion to adopt the measure as proposed
failed by the following vote:
AYES:
Commissioner Miller J. Dawkins
Mayor Xavier L. Suarez
NOES:
Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
ABSENT:
Commissioner J. L. Plummer, Jr.
Mayor Suarez:
This time the item is now...
Mr. Dawkins:
Wait a moment. What happens now, Madam City Attorney?
Mayor Suarez:
... tabled for lack of any... unless somebody can think
of a
motion.
Mrs. Dougherty: The motion failed.
Mr. Dawkins: That's right, the motion failed.
Mrs. Kennedy: Well, let me say this, Commissioner Plummer asked if the matter
was going to be deferred and...
Mayor Suarez: No, he has to be in the Chamber to vote, Madam.
Mrs. Kennedy: Yes, but if he is in his office, we might call him.
Mr. Dawkins: Well, he is not here. Well, tell him to come out and vote, OK?
The motion failed.
Mayor Suarez: OK, item 14. There is no pending motion.
Mr. Dawkins: The motion failed, Mr. Mayor!
Mayor Suarez: That's why there is no pending motion, because that one failed.
Mr. Dawkins: All right, so the RFP goes out.
Mrs. Kennedy: No.
63 March 24, 1988
Li
Mrs. Dougherty: No, you have to have a vote to make it go out.
Mr. Odio: The item is dead. It's a dead issue.
Mr. Dawkins: No wonder J.L. left He got out of that one!
Mayor Suarez: I'd be disposed to take it up at any time, if you want to wait,
if you think you can get a third vote - 1.00 o'clock, 2:00 o'clock in the
morning, 3:00 o'clock, tomorrow, whatever!
------------------------------------------------------------------------------
23. CONTINUE FOR A FULL COMMISSION MEETING PZ-12 - PROPOSED FIRST READING
ORDINANCE FOR ATLAS CHANGE FROM RG-2/5 TO RG-2/6 AT 2765-2855 TIGERTAIL
AVENUE AND 3241-3299 MART STREET - AND PZ-13 - APPEAL BY APPLICANT
(JAMES G. ROBERTSON) FOR REVIEW OF ZONING BOARD'S DENIAL OF VARIANCE TO
PERMIT 7-STORY RESIDENTIAL APARTMENT BUILDING AT 2815 TIGERTAIL AVENUE.
Mayor Suarez: Counselor.
Mr. Jack Rice: Could I request a continuance for a full board on my...
Mayor Suarez: Yes, that is in effect what happened. The matter is still
pending, as far as I am concerned, because if anybody moves to reconsider it,
I'll be happy to second that, and we can reconsider it.
Mr. Dawkins: No, any citizen can...
Mr. Rice: Ours isn't reconsidered. Ours is a new matter.
Mayor Suarez: I'm sorry, what item are you talking about, sir?
Mr. Rice: I'm talking about item 12 and 13...
Mr. Dawkins: Yes, he has a right.
Mr. Rice: ... on the planning and zoning agenda and I see that Commissioner
Plummer isn't here.
Mayor Suarez: We are not anywhere near the planning and zoning agenda yet, or
Item 12 on the planning and zoning agenda.
Mr. Rice: Yes, but I didn't want to sit here if...
Mayor Suarez: He is not gone for the day, is he?
Unidentified Speaker: Yes.
Mayor Suarez: He is gone for the day? Madam City Attorney, what do we do?
Somebody has a request to continue an item.
Mr. Dawkins: Now, wait now. He requested that it be heard before a full
Commission, which...
Mayor Suarez: Well, it is going to have to be continued, because Commissioner
Plummer is gone, right. Commissioner Plummer is gone for the day, so it would
be continued until the next Commission meeting.
Mrs. Dougherty: Yes, you can vote on that.
Mayor Suarez: Do we need to hear from anyone opposing that?
Mr. Rice: I don't think I have any opposition here.
Mrs. Kennedy: What is your item?
Mr. Rice: That's 12 and 13.
Mayor Suarez: Planning and zoning items 12 and 13.
64 March 24, 1988
0
Mrs. Kennedy: Dr. Robertson?
Mr. Rice: Dr. Robertson.
Mayor Suarez: It was schedule for after 5:00 P.M., right? Is there anyone
here that wishes to be heard on planning and toning items 12 and 13 being
continued? Let the record reflect no one has stepped forward. I'll entertain
a motion, if it is proper, Madam City Attorney.
Mrs. Dougherty: Yes, it is proper.
Mayor Suarez: To continue it until the next Commission meeting.
Mr. De Yurre: Moved.
Mrs. Kennedy: So moved.
Mayor Suarez: Moved and seconded, any discussion? Call the roll. Can it
apply to both?
NOTION TO CONTINUE. Upon motion duly made by Commissioner De
Yurre and seconded by Vice Mayor Kennedy, PZ-12 and PZ-13 was
continued for a full Commission by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez.
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
------------------------------------------------------------------------------
24. CONTINUE FOR 90 DAYS PROPOSED RESOLUTION TO AMEND THE BAYSIDE SPECIAL
CENTER MAJOR USE SPECIAL PERMIT (See label 40.)
---------------------------------- -------------------------------------------
Mayor Suarez: There is another item of the planning and zoning agenda -
Debbie, did you want to announce that... it is not really a continuance, is
it?
Mr. Rodriguez: I would like to have this item number 14 continued to 90 days
from now.
Mr. Dawkins: What about 16?
Mayor Suarez: No, we are getting to it. They are continuing some items.
Mr. Rodriguez: PZ-14, continued to 90 days from now, so that we have a chance
from the Rouse Company to prepare a development plan for the northern portion
of the property that includes the Reflections and the rest of the area north
of it.
Mayor Suarez: Item PZ-14, both the City and interested party, Rouse Company,
are interested in continuing this item... not specifying at this point until
when, are we?
Mr. Rodriguez: At least 90 days.
Mayor Suarez: At least 90 days? Is there anyone that wishes to be heard
against that continuance? Let the record reflect no one has stepped forward.
Mr. Dawkins: So moved.
Mayor Suarez: Moved. Do we have a second?
Mrs. Kennedy: Second.
Mayor Suarez: Seconded, call the roll.
65 March 24, 1988
0
C2
MOTION TO CONTINUE. Upon motion duly made by commissioner Dawkins
and seconded by Vice Mayor Kennedy, PZ-14 was continued 90 days by
the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
NOTE: THIS ITEM LATER SPECIFICALLY CONTINUED TO JUNE 23, 1988.
Ms. Debbie Orshevski: Thank you very much.
Mayor Suarez: Thank you, counselor.
Mayor Suarez: What item are we on?
Mr. Dawkins: 15.
Mr. De Yurre: Mr. Mayor, maybe we should announce - we can go ahead and
announce the fact that the rights of the people if they have something that
they are applying for of having a full board. There may be some that don't
want to be heard.
Mayor Suarez: Well, I'll have to find out what those rights are, because I am
not so sure. I presume that if they seek a continuance and nobody opposes it,
of course they'll eventually have a full Commission. I don't think it is an
absolute right. Commissioner De Yurre is asking about the rights of people
who want a full Commission. They don't have an absolute right to the matter.
Mrs. Dougherty: They do not have an absolute right. It is within your
discretion.
Mayor Suarez: I mean, they can request that the item be continued in the hope
that they will have a full Commission, but we can grant it or not.
Mr. De Yurre: Don't you get one shot to get heard before a full board, if you
don't have a full board when you appeared before?
Mrs. Dougherty: No, air, that is within your discretion.
Mayor Suarez: We can grant or not, if anybody wants. Do you want me to
announce if anybody...
Mr. De Yurre: Well, if it is not a right, then you know... It was just my
understanding that you had a right to be heard before a full board, at least
once.
Mrs. Dougherty: At the Zoning Board level, that's true.
Mr. Dawkins: But not on the City Commission?
Mrs. Dougherty: You don't have any rules like that here.
Mayor Suarez: But if anybody wants to, they can bring it up, I'm sure we will
grant it. It is not an absolute right.
Mr. De Yurre: Well, then why did we grant this one? This one has been
deferred about two times already. That's why I thought they had a right to do
that.
Mr. Dawkins: Me too. I did too. I never would have voted for it, if I had
known different.
Mayor Suarez: That's why I said I didn't think he had an absolute right, but
you know, there was no one that objected to it. That why we did it. OR, item
1S of the regular items.
66 March 24, 1988
V
Mr. Odio: This is an item requested by Commissioner De Yurre.
Mayor Suarez: Item 15, Commissioner De Yurre.
25. (A) DISCUSSION REGARDING FUTURE ECONOMIC DEVELOPMENT OPPORTUNITIES OF
COCONUT GROVE EXHIBITION CENTER AND SURROUNDING PROPERTIES. (B)
DISCUSSION CONCERNING PROPOSED COMMUTER TAX. (C) REQUEST REPORT FROM
ADMINISTRATION ON BRICKELL PARK.
------------------------------------------------------------------------------
Mr. De Yurre: Mr. Mayor, I have been for the last few days particularly, I
have been, especially with the trash fee, that the street cleaning fee has
been going on, and City Manager Odio and I and I know many of the
Commissioners here have been dealing intensively with the budget and the lack
of funding that we have, and the cutbacks and things of that nature, and it
seems to me that we have a lot of land and I know basically the issue that was
coming up here today was a hotel concept on the Exhibition Center here at
Dinner Key, but it is not just that I want to address. It is the fact that I
feel that we need to start actively pursuing alternatives to the land, the
properties, the City of Miami has, that it owns, either we dispose of the
property that is not usable by the City. We are not in the real estate
business, you know, we are talking about property that needs to be maintained,
which costs hundreds of thousands of dollars to maintain over the years,
property, that if it is sold, we can get it on the tax rolls - property that
we may want to keep, but yet, that we may want to lease out for some purpose,
so that we can get some economic benefit out of it, and I know that something
is being done, but I don't know if it is moving fast enough, for at least not
fast enough as I am concerned, and I know we are trying to locate the parks
that are not being used and property that is not being used so we can be
disposing of that and maybe use those funds for other purposes, and I'd like
to get some input from the Commission and from the administrator, from Mr.
Odio as to where we are at, what we can do, and what is the wish of this
Commission, whether we can pursue this more actively in order to secure some
additional funds for the City.
Mr. Odio: We had a report on the last Commission meeting, available
properties for sale in the City and it's the decision of the Commission
whether we should proceed or not. We are proceeding with 1145 NW 11th Street
on a lease program on that. Now, we were waiting to see what the Planning
Advisory Board would say as far as the rezoning of the property for best use.
We are proceeding on that with the idea, as I understood the orders of the
Commission, to use those proceeds to develop an administration building and
next to the one existing in downtown Miami.
Mr. De Yurre: Do we have plans already trade for the administration building?
Mr. Odio: We had plans made at one time, but I believe the decision of the
Commission at last Commission meeting was to look for other consultants and to
develop new plans and also financial feasibility of the building, and that's
what we are doing now.
Mr. De Yurre: How long do you think it will take?
Mr. Odio: I don't want to give you a deadline right now on how long... you
mean the drawings for the building?
Mr. De Yurre: Well, that is the whole thing, you know, if there are no
deadlines, and things drag on and drag on, and we don't get anywhere.
Mr. Odio: No, we have a financial consultant that was hired that will do a
feasibility of what the cost of the building would be, where the funds will
come from to build the building, what the needs of the City are as far as the
square footage, and so forth, that is being developed now. We were only
ordered that two weeks ago, and we are proceeding on that basis.
Mrs. Kennedy: Commissioner, let me tell you what I think. I share with you
the same concerns. We have to come up with some creative financing for the
City to survive. However, a hotel, there... 1 don't know, have you studied
the economics of it?
67 March 24, 1988
# 46
Mr. De Yurre: Well, I am not talking about a hotel. I am talking about the
City p—perty in general.
Mrs. Kennedy: OK, but specifically in that area, my concern is, we already
have a tremendous traffic problem. We have a tremendous shortage of parking.
You are talking about building an underground parking, which will add several
stories.
Mr. De Yurre: I'm not talking about that at all, you know. What I am taking
about is, you know, what is the future use of property that we have? If we
have no use for the property, and any foreseeable use for it, let's get rid of
it, let's sell it. We have millions of dollars worth of properties that are
not being used by the City, and just sitting there.
Mrs. Kennedy: I understand, but I was told specifically what you were going
to suggest was a hotel, and I do have some great concerns, and I just wanted
to put them on the record, and air them.
Mr. De Yurre: No, if you want to voice concerns about a hotel, you can go
ahead. My... that is just a concept that exists, that has existed for a
number of years, and whether it is a hotel... a hotel would work there. The
thing is, the area does not want a hotel there and that's just the way it is,
and we've got to live with that for the time being until you know, people
change their minds. If they don't change their minds, that is the way it is.
It is beautiful the way it is, but however, we have to start looking for some
ideas, some concepts about...
Mayor Suarez: Let me pick up on that notion, if I may for a second,
Commissioner. You know, what he is saying makes sense if you look at what we
have been doing to try to have an inventory of City properties for sale. One
thing we have not done, Mr. Manager, is to look at accepting specific items,
like when one of us comes up with an idea of some kind of development, to do
an inventory, within that inventory to look at the possibility of properties
that can be developed and you know, some gain made out of that in a
comprehensive way. I think that is what the Commissioner is getting at, and I
think that would not be a bad idea. I don't mean by this by any means to go
out and hire consultants or anything. I'm not even sure we need consultants
for the determination of the City facility. In fact, it sounds to me like
the calculation is pretty simple. I mean, how much are we paying every year in
leases, what are our anticipated needs for space, and how could we use what we
are going to be paying anyhow, in the future to instead build for ourselves a
facility in property that we already own adjoining a building downtown. I
hope, Mr. Manager, that it doesn't take a long time for us to have a report
back on that particular concept, because in the meantime, we've got these
sporadic rentals of space and I don't think that marked with the greatest, you
know, coherence, really. What we have been doing in the past in that
particular area, and I think we are all somewhat embarrassed by not having
done as well as we should have, but the Commissioner is really talking, I
think, about how we can best utilize property. We have thought already about
simple divestiture. We've got these properties, parks and otherwise, that we
don't think are being used, and how about some that might be developed, and
maybe that is where you are headed, huh?
Mr. De Yurre: Well, the thing is, what we can use, and we can make money out
of, that is acceptable to the community, let's go ahead and move in that
direction. What has no use for us, let's get it off, you know, our asset
list. Let's sell it and it will save us the maintenance, it will put it on
the tax rolls and we will gain money by the sale, so...
Mayor Suarez: The idea of developing into a hotel, or otherwise, property
east of South Bayshore, is not one that I am particularly interested in doing,
or favoring. In fact, I'll tell you flat out that I don't favor it, and I
don't know that anybody here does, and I don't know that your proposed,
Tucker... your proposed motion that we go on the record...
Mr. Tucker Gibbs: Supporting the Dinner Key Master Plan that you all
approved.
Mayor Suarez: Well, supporting Dinner Key Master Plan is one thing, and I'd
have no problem with that, because that is the master plan, and we in a sense,
don't really have to vote on that again, unless the new Commissioners want to
68 March 24, 1988
V
look it over. But the one that says: "The City Commission appointed a blue
ribbon panel of community leaders from the financial, legal, civic and
--fe- « 'oval arer.ss to recommend innovative financing strategies to allow the
City of Miami to increase its revenue base without dissipating the assets
which make the City an attractive place to live and work," I would not... and
maybe I shouldn't have even read it.
Mr. Gibbs: Well, probably not, it was a proposal that came...
Mayor Suarez:.... At this point, present that one. I think the Commission here
has, you know, an attitude of doing that and the Manager and staff, 4,000
strong, almost, are quite able to come up with those strategies. I mean, we
are always interested in ideas.
Mr. Gibbs: Well, we understand that and I met with Commissioner De Yurre and
we spoke about this issue of the City finding alternative revenue sources and
this is something that came up at the Civic Club meeting, that we might
propose to the Commission in response to Commissioner De Yurre's concerns.
Mayor Suarez: It is such a broad charge, the way he stated it, you know.
Maybe...
Mr. Gibbs: That's correct, but when you have a committee do something like
that, that is what happens.
Mayor Suarez: Yes.
Mr. Gibbs: Can I ask one question, though? It's a matter of curiosity, more
than anything, for the Civic Club and some people in the community, as to the
use of the Dinner Key Auditorium, and maybe you can ask the staff about this.
Are the structures and the foundation improvements in Dinner Key Auditorium...
are they designed to support any kind of addition on that building?
Mr. Odio: On top of? No.
Mr. Gibbs: On top of. OK. Thank you very much.
Mr. De Yurre: Mr. Mayor...
Mayor Suarez: If anybody wants to at some point, create that kind of a blue
ribbon panel, and if we could somehow word, for my taste, word the charge to
that panel, that would be a little bit narrower than that, so it doesn't sound
like some people are going to be advising us how to run the City, as a general
thing, you know, it might fly, but I don't know that we ought to get into that
today. Commissioner.
Mr. De Yurre: You know, in talking about creative ideas and trying to gain
resources for our City, you know, we campaign, and when we campaign, we go to
the northeast and we say we want redevelop the area, want things changed and
all that kind of thing, but you know, now we are sitting here for four months
and I don't know, maybe you guys have been doing something, but I haven't seen
anything happening to spur any kind of development in the area. We certainly
have to deal with the economics, the market, does it permit it nowadays, is it
ready for that or not. But yet, you know, 1 think that we have to actively
pursue change, and if it is something that we need change in that area, what
can we do, as government in the City of Miami, to spur change? What are the
incentives that are needed for developers to go into that area and start
developing? You know, what can we do to get developers into that area and
start doing some work? - and I think we have to look actively at you know,
increasing our tax base and I think that that is one way that we can pursue
it.
Mayor Suarez: You know, you have mentioned the northeast, and I want to say
one thing - when I was first elected, a little bit over two years ago, we
looked at the possibility of a linkage ordinance for Biscayne Boulevard. By
that, I mean properties north of the Omni, which have a fairly low FAR, if I
remember correctly, by 1.92, would be allowed to have a higher height and
density and FAR, much like was done on Brickell, and at the same time, they
would have to make a contribution to the surrounding neighborhoods of monies
to help develop those neighborhoods, which as you stated, we all know, could
use all the development they can get. At first I was told that such an
ordinance was unconstitutional, illegal, improper, immoral, and everything
69 March 24, 1988
a
else. Then, I found one that was just like it, in the State of Massachusetts
and brought it down and threw the pro bono help of some attorneys here, Linda
Anheiser, specifl:zlly, was .::.le t- :onvince the City Attorney that it was not
so unconstitutional, and we mayb a actually be able to implement such an
ordinance. I would hope that you would, you know, just look over that
research and see if we can pick up on that concept. That is one way of
fostering development in an area that I think needs it very badly. I'm not so
sure about 27th Avenue, and I am not so sure... I mean, south of U.S. 1, and I
am not sure at all about anything east of South Bayshore, but that was one
idea that has been explored, and it really hadn't moved anywhere now.
Mrs. Kennedy: You mentioned that you didn't know what, if anything we had
done. We have finished Bayside, Bayfront Park, East Little Havana,
Overtown/Park West. There are a lot of things that we can proudly take credit
for.
Mr. Dawkins: You know, I agree we need to find another source of revenue
other than taxing the citizens. Now, I don't know how to do it, but we have
to come up with a user's fee or something, OK? Everybody comes into the City
of Miami, and nobody pays but us. The port transports thousands and thousands
of people who get off the airplane, on the buses, straight to the boats, spend
their money on the boat, get on the bus back to the airport and they go home.
Downtown Miami is downtown Dade County. Every municipal function of Dade
County is carried on downtown Miami. We don't get a penny for it. They even
have... they've taken our property off the tax rolls. The people who work
down there don't live in the City. They come from Kendall or from Broward
County. They put trash in our receptacles, we have to pick up. They put trash
on the streets. Even the work force in the City of Miami does not live in the
City. The Fire Department live in Dade County. The work force of the City of
Miami lives in Dade County.
Mayor Suarez: Can I interrupt you for a second on that? It just happens that
at the Orlando meeting of six mayors, somebody mentioned the commuter tax for
people who are coming into the City to use all of our facilities, as you have
just stated, and the Manager, through a memo that I sent him has been looking
at that. Would you be responsive to the Commissioner...
Mr. Odio: We have public works...
Mr. Dawkins: No, no, wait until I finish. He can respond when I finish.
Mayor Suarez: No, no, I don't mean today, but he is preparing a study to get
back to us on that, because it is a very interesting idea you just mentioned.
Mr. Dawkins: OK, now, and what I want is, the Manager to come up with a way,
if you have to get a consultant to do it, and you design a user fee and those
of us who pay taxes will get a sticker like you used to get when your car was
inspected and you put it in the windshield. Those who commute from Kendall
and Broward County, you buy tags and pay a fee just like you use to go across
Rickenbacker Causeway, and that will you'd be surprised, all those people who
work at Southeast Bank, who work in CenTrust, who come from Kendall into the
City of Miami and they have to pay us to use our services and that's one way
of not having all these phone calls on my phone about a user's fee. I'd like
for that to be done. Now, can you do that for me? How long will it take?
Mr. Odio: Yes, sir.
Mayor Suarez: I was going to say when? When are we going to get the report
back on the idea of a commuter tax?
Mr. Odio: We'll bring it back. It takes...
Mr. Dawkins: And be sure that those City police and City firemen, they be the
first one who don't live in the City, and we pay their salary out of City of
Miami tax dollars, that they buy two tags, one on the front and the back of
their car.
Mr. Odio: Commissioner, We have to get it...
Mr. Dawkins: A nonresident City of Miami employee commuter tax.
70 March 24, 1988
0
Mr. Odio: Right. I'll be glad to negotiate that into it. But, we'll have a
report back to you on the first meeting of May, because we have to check with
":_:c :_eis:.:tion. We have to do some changing of law, and we other
legislation that we are looking at. It is called "The Infrastructure Bill"
and it is pending in the Senate and the ECCA Committee in Tallahassee is
looking at a State infrastructure fund, local option one cent gas tax, gap
tax, local option rezoning fees, local option inter -proprietary and general
service fee, Metro -Dade entitlement, and so on. We are looking at every
single thing we can look at, and we'll add those to the list.
Mr. Dawkins: All right, this is a proposal that's put forth by Miller Dawkins
and seconded by Rosario Kennedy so that next month Commissioner De Yurre will
be here five months, but at least he can say that me and Commissioner Kennedy
did something.
Mr. Odio: I want to say, Commissioner De Yurre, we will have an RFP for your
approval on the lease on the 1145 NW property, which will be a revenue
producer to the City. We are going to propose not to sell the property, but
to put so it will produce revenue to the City by UDP process, like Bayside is.
We don't sell the real...
Mr. De Yurre: To lease it out —talking about alternative funding, Mr.
Odio...
Mr. Odio: Yes.
Mr. De Yurre: Mrs. Dougherty, where are we at with Brickellpark?
Mr. Odio: I think it is in court. I have to ask the...
Mrs. Dougherty: We have a meeting coming up with the developer's attorney...
I mean, with the property owner's attorney.
Mr. De Yurre: Anytime soon?
Mrs. Dougherty: Yes.
Mayor Suarez: Any specific demand? Have they made any demands in writing, or
publicly as to what amounts of money they re looking for?
Mrs. Dougherty: No, they repeated the figure that they had given to you
privately.
Mayor Suarez: I don't remember that? What was that?
Mrs. Dougherty: It was over $500,000.
Mayor Suarez: They haven't... I don't think they have given figure.
Mrs. Dougherty: That's what they told me.
Mr. De Yurre: OK, thank you.
Mayor Suarez: All right anything else?
71 March 24, 19188
IP
26. nRIEF REPOR! Bi u[TY ATTORNEY IN CONNECTION WITH POSSIBLE AMENDMENT TO
COVENANT OF PROJECT LOCATED AT DAY AVENUE AND CENTER STREET.
Mrs. Dougherty: Mr. Mayor, can I bring up an issue very quickly?
Mayor Suarez: At your own risk!
Mrs. Dougherty: The neighbors of the Day and Center project have requested
that I bring up a report to you on the status report of the covenant that I
was going to bring up to you for a possible amendment.
Mayor Suarez: Which project, I am sorry?
Mrs. Dougherty: This is a project at Day and Center, the rezoning occurred
back in 1985, from duplex to office commercial. The City has issued a class
"B" special permit for the project. After the permit was issued, there was an
appeal. That appeal has been deferred. The appeal has now been under
consideration and deferred. The covenant became an issue, and no
interpretation had ever been made of the covenant before. Our client, Joe
Genuardi, the building inspector, had asked us to make an interpretation of
the covenant. We had concluded that the covenant required a 10 foot buffer
that was not on the building plan. Joe Genuardi has now advised the
developer, it is my understanding, that he has to comply with the ten foot
buffer, and therefore is going to comply, is my understanding, and that's all
I'd like to report.
Mayor Suarez: And this covenant resulted from a rezoning that took place
when?
Mrs. Dougherty: In 1985.
Mayor Suarez: Anything else?
Mrs. Kennedy: Prior to our election.
Mayor Suarez: Yes.
Mrs. Dougherty: I have nothing else to report.
Mayor Suarez: Anything else from the Commission on this? Do you want to
clarify anything on this? I mean, the City is not taking any action. You
understand, the Commission is not taking any action. Now we have many items
that are on the agenda, so if you want to make it quick... question...
Mrs. Louise Rubin: Yes, we just have a question. OK, my name is Louise
Rubin, I live on Center Street, right across the street from the spot zoning,
two years ago. The developer has asked for a valet parking class "B" permit.
Now, we are in litigation with him. He knew about the 10 foot buffer, but
ignored it, and that is why we had to ask for clarification. Now, you have
since...
Mayor Suarez: You got that now, presumably, right?
Mrs. Rubin: Yes. Now you have since outlawed the class "B" parking for a
private area. The City has outlawed it. There is no more class "B." Doesn't
that mean that that has to be dropped- the class "B" action?
Mayor Suarez: I have absolutely no idea procedurally. I'll be happy to ask
the City Attorney if she hasn't already answered that to your satisfaction.
Mrs. Rubin: Yes, we would appreciate...
Mayor Suarez: Do you understand the question as posed?
Mrs. Dougherty: Yes, it's is my opinion that the application is still pending
and may be modified by this revision.
72 March 24, 1988
r 4p
�A) PRESENTATION IN CGi*rECTION WITH OPENING CEREMONIES OF THE
AMPHITHEATER AT BAYFRONT PARK (APRIL 15th 17th). (B) DESIGNATE AREA
PROHIBITED TO RETAIL PEDDLERS DURING PERIOD OF EVENT.
------------------------------------------------------------------------------
Mrs. Kennedy: Item 16, we have been working very hard on the opening of the
Bayfront Park amphitheater.
Mayor Suarez: Oh, item 16, I'm sorry. I called that and nothing happened
last time.
Mrs. Kennedy: Yes, let me just tell you that this is going to be a three day
celebration, featuring ski shows, concerts, jazz groups, gospel groups, using
a lot of local talent and to tell us about it, I'd like to call on Rodney
Barreto, who is one of our trust members...
Mayor Suarez: And before he tells us anything else, he should tell us that it
is not going to cost us anything, right?
Mrs. Kennedy: It is not going to cost the City any money and it is going to
be free to the public.
Mayor Suarez: All right, those two things are very important factors on any
matter that this Commission takes up.
Mrs. Kennedy: And Rodney is the chairperson of the event.
Mr. Dawkins: For those who came in for the planning hearing, J.L. Plummer had
to go to a funeral, so that is why you do not have a full Commission. Those
who were here earlier, they are aware that he went to a funeral.
Mayor Suarez: If you should want a full Commission, and you request it, and
the Commission is disposed to grant it to you, we have so far granted it in
two cases.
Mrs. Kennedy: Rodney.
Mayor Suarez: Sir.
Mr. Rodney Barreto: Rodney Barreto, 300 Biscayne Boulevard Way, Suite 303.
First of all, I'd like to start off by saying I am not up here talking about
the Pepper Fountain. We are here to talk about...
Mayor Suarez: Goodl
Mr. Barreto:... the grand opening of Bayfront Park. We have an exciting
program put together and...
Mr. Dawkins: You are not going to have another opening after we get the
fountain, are you?
Mayor Suarez: Oh yes.
Mr. Barreto: Commissioner, I think we are going to have another opening, just
for you.
Mayor Suarez: He's going to jump into the fountainl
Mr. Barreto: Bayfront Park, along with the Greater Miami Host Committee, and
the City of Miami, had been working very hard, and I am happy to report, I'm
excited to report to you that we have developed a program featuring
performances by water skiers, sky divers, and concerts by pop, calypso,
gospel, Latin, Afro jazz, and symphonic sounds. I just want to let you know
that the program which we put together for the people in this community is
going to be free and open to the public, outside of food and beverage. All
the concerts will be free, all the shows will be free. Instead of getting
into what shows and what performances are going to occur, you have a package
in front of you, listing some of the names of the talents. We are still
negotiating with a few talents. I don't want to release names here, in fear
73 March 24, 1988
t
that it may get into the press or something, and may hurt our negotiations,
so, it •ill get... if there is any other questions I may answer, I'd be more
oNar ^^ •.` —swt- •.!!-^ questions, but we are looking forward to an
exciting opening, and like the Commissioner had...
Mr. Dawkins: I move that we accept the generosity of the gentlemen speaking,
and that we allow him to proceed to make Miami look good on these three days.
Mrs. Kennedy: With pleasure, I second.
Mayor Suarez: Moved and seconded. Any discussion? Any other clapping from
Monty Trainer, anyone else? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
Its adoption:
MOTION NO. 88-271
A MOTION ACCEPTING THE PRESENTATION MADE BY RODNEY
BARRETO ON BEHALF OF THE BAYFRONT PARK TRUST IN
CONNECTION WITH ITS INVITATION TO THE OPENING OF THE
AMPHITHEATER AT BAYFRONT PARK SCHEDULED FOR APRIL 15-
17; FURTHER ENCOURAGING SAID TRUST TO PROCEED TO MAKE
MIAMI LOOK GOOD.
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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mrs. Doughherty: I believe you also have a resolution closing the streets,
Commissioner Kennedy.
Mr. Odio: I need a resolution for that.
Mayor Suarez: On what?
Mr. Odio: On this.
Mayor Suarez: You need any closing of streets for that?
Mrs. Kennedy: OK, I do need... I'm sorry, yes, pursuant to the opening.
(NOTE: AT THIS POINT COMMISSIONER KENNEDY READS RESOLUTION INTO THE RECORD.
SEE HEREINBELOW) I so move.
Mr. Dawkins: Second.
Mrs. Kennedy: Any further discussion?
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-272
A RESOLUTION CONCERNING THE BAYFRONT PARK AMPHITHEATER
DEDICATION TO BE HELD APRIL 15-17, 1988; ESTABLISHING AN
AREA PROHIBITED TO RETAIL PEDDLERS DURING THE PERIOD OF
THE EVENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
74 March 24, 1988
a r
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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
------------------------------------------------------------------------------
28. (A) DISCUSSION REGARDING PRESENTATION OF THE PROPOSED EDISON CENTER
GATEWAY PROJECT. (B) AUTHORIZE EXECUTION OF AGREEMENT WITH FLORIDA
DEPARTMENT OF TRANSPORTATION RELATING TO MAINTENANCE OF PLANTS AND
PLANTERS, ETC. WITHIN NON -ROADWAY PORTION OF NW 7TH AVENUE BETWEEN 58TH
AND 64TH STREETS - AUTHORIZE NECESSARY PERMITS FROM FLORIDA DEPARTMENT
OF TRANSPORTATION.
------------------------------------------------------------------------------
Mr. Elbert Waters: Good afternoon, Mr. Mayor, Commissioners, at the request
of Vice -Mayor Rosario Kennedy, our staff was asked on February 18th to present
to this Commission an update on the Edison Center, our Gateway Project. The
project is located in the Model Cities area, generally NW 7th Avenue from NW
58th Street to NW 64th Street and along NW 62nd Street which is MLK Jr.
Boulevard, from I-95 to NW 12 Avenue. Staff was instructed to conduct a
public hearing on March 24th, and as a result of that, we are here today to
give you an update of the project. Generally the background of this project,
after the civil disturbances of 1980, the Edison Center Business District
Economic Committee was organized by Commissioner Miller Dawkins to establish
economic development strategy for the revitalization of what is called the
Edison Center Business District. It afforded an opportunity to create a
positive image in the community. The specific purpose was to upgrade the
physical, visual and environmental conditions of the area. Now, initially,
these improvements are included, signage, street pavers, trees, along the
designated areas that we've discussed. In 1985, TEDC, which is Tacolcy
Economic Development Corporation, submitted a proposal to the City to develop
this particular project. Now, the proposed cost of the project was
approximately $115,000. TEDC requested funds from a variety of sources, one
being the City of Miami, which the City contributed $30,000 of the CD...
Mayor Suarez: Let me stop you real quick.
Mr. Dawkins: I move it.
Mayor Suarez: Because I don't have a feeling there is anything controversial
here, is there, this one?
Mrs. Kennedy: No, I just brought it up because I figured that you know, the
area has been promised this for some time and it needs to be fixed. There are
about 80 businesses affected and I just wanted an update on why has it been
delayed, who is going to pay for what, as far as maintaining the planters and
the streets and so forth? If you could just address that.
Mr. Waters: OK, Commissioner Kennedy, there is a companion item, which is PZ-
1B, which deals with a resolution authorizing the City Manager to enter into
what is called a highway maintenance agreement with Florida Department of
Transportation. We have jurisdictional requirements in this area, 7th Avenue
being a State road and 62nd Street being a County road. We have been working
along with the community, with Florida DOT in order to obtain approval, which
would allow the City to maintain this project, if that is your desire. The
State of Florida has agreed conceptually to what we are proposing in the area
and we...
Mayor Suarez: That is going to be taken up in item PZ-1B, right?
Mr. Waters: Correct.
Mayor Suarez: OK, let's take up PZ-1 A
75 March 24, 1988
Mr. Dawkins: I move.
Mrs. Kennedy: Second.
Mayor Suarez: Actually, there is nothing to move on PZ-IA, I'm sorry.
Mr. Waters: No, lA is just for informational purposes.
Mayor Suarez: PZ-18 then.
Mr. Dawkins: Go to lb.
Mayor Suarez: You are asking us basically to execute an agreement with
Florida DOT? Does anybody have any problems with this agreement on the
Commission?
Mr. Dawkins: I don't have any problem with the agreement, but I do have some
questions and requirements.
Mayor Suarez: Commissioner Dawkins.
Mr Dawkins: Mr. Manager, who is going to be responsible, not who, what
department is going to be responsible for maintaining the planters and keeping
the street clean?
Mr. Rodriguez: If you agree with this, the Public Works Department will be
responsible for maintaining the planters. The street's right-of-way is within
the State's right-of-way... I mean, the pavement, the road itself.
Mr. Dawkins: Well, who is going to keep it clean?
Mr. Rodriguez: Clean, or maintained?
Mrs. Dougherty: The City.
Mr. Dawkins: Who is going to keep it clean...
Mr. Rodriguez: Clean, will be the City.
Mr. Dawkins: Right. All right, make sure now, that when you bring me the
188-'69 budget, that there is a line item in the budget that says: Maintenance
and care of the Edison Center Street scape. I want a line item in there with
money in it to do it. I don't want to have them calling me, as people have
been calling all these Commissioners this week, because we went and attached a
user's fee to the merchants, to maintain it. Nor do I want it left unkept
and be an eyesore. So, be sure that is budgeted. The other suggestion is,
Mr. Waters, look at from 62nd Street... no, 71st Street to 46th Street, and
come up with some kind of a buffer to be placed along I-95. In Broward County
they put up a multi -million dollar wall, to screen... and that is the Florida
Department of Transportation, they put up a multi -million dollar wall to
screen out the sounds. I want the administration to find out where it was
funded from, and who we see, and how we go about getting some buffer, whether
it be... and that is up to the residents, and whoever you get with, to decide
whether we want a wall, whether we want trees, or what you want the buffer
sound, but same as the I-95, or DOT gave money to Broward County to buffer the
sound, I'd like to have the sound buffered over there.
Mr. Rodriguez: We'll come back to you with information on that and how to go
about it.
Mr. Dawkins: Those are the only two things I have, Mr. Mayor.
Mrs. Kennedy: I don't have anything else, either.
Mr. Dawkins: Do you move it, Commissioner Kennedy?
Mrs. Kennedy: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
76 March 24, 1966
Mayor Suarez: Seconded. Any discussion? Call the roll. If you need Federal
dollars, let us know too.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 88-273
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED,
BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT
OF TRANSPORTATION, RELATING TO THE MAINTENANCE OF
PLANTS AND PLANTERS, INCLUDING ANY DECORATIVE SIDEWALK
OR STRUCTURE, WITHIN THE NON -ROADWAY PORTION OF
NORTHWEST 7TH AVENUE BETWEEN 58TH AND 64TH STREETS;
AUTHORIZING THE CITY MANAGER TO OBTAIN NECESSARY
PERMITS FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION
FOR CITY LANDSCAPING PROJECTS AND CITY -SPONSORED
LANDSCAPING PROJECTS IN SAID RIGHT-OF-WAY.
(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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
------------------ -------------------- ----------------------------------------
29. DISCUSSION REGARDING PROPOSED SECOND READING ORDINANCE - REPEAL ORD.
10273 - SUBSTITUTE NEW CHAPTER 54.6 IMPOSING "IMPACT FEE" ON ADDITIONAL
DEVELOPMENT. NO ACTION TAKEN.
Mayor Suarez: PZ-2, impact fee.
Mr. Rodriguez: Commissioner Plummer, I think is not here.
Mayor Suarez: Otis, just don't forget that this is election year and the
Federal government is particular disposed to give up monies during an election
year, you know that? So, Commissioner Dawkins is particularly effective in
getting it. I'm sorry, Sergio.
Mr. Rodriguez: I was mentioning that Commissioner Plummer was not here.
Mayor Suarez: What happens if this matter is voted on as before, and I guess
I am asking the same question we are asking before - Commissioner Dawkins
asked before on another item, and the vote ends up being two to two, on the
second... it is the second reading, isn't it?
Mr. Rodriguez: it is the second reading.
Mayor Suarez: What happens, Joel, to the ordinance at that point?
Mr. Maxwell: I'm sorry, Mr. Mayor, I didn't hear the whole question.
Mayor Suarez: If the vote were to be the same as before, in view of the fact
that we don't have Commissioner Plummer here, I think voted for, right?
Mr. Maxwell: Yes, you need... it would constitute a tabling of the item.
Mayor Suarez: It, in effect, is a tabling?
77 March 24, 1988
W
t
Mr. Maxwell: Tee.
Mayor Suarez: Commissioners, anyone want to be heard on this item as to any
change in the prior vote? Is my mathematics wrong, or would it be a two to
two this time? Wasn't it three to two with Plummer voting for it last time?
Mr Rodriguez: Right. Looks like it would be
Mayor Suarez: I know you are going to want to be heard, but I have feeling
you want to be heard against, don't you?
Mr. Russ Marchner: Russ Marchner, representing the Real Estate Action Council
of Dade. Basically, we are still opposed to an impact fee. We think this one
in particular is discriminatory, because of all of the exemptions it has in
It, and by concept, the National Association of Realtors is against impact
fees, so I just want to reiterate that and I won't take any more of your time,
Thank you.
Mr. Steve Helfman: Mr. Mayor, Steve Helfman, from Fine, Jacobson, one
CenTrust Financial Plaza. I am here on behalf of the Latin Builder's
Association, to voice their objection to the proposed impact fee ordinance.
Mayor Suarez: I thought you were going to say you changed your mind, you are
now in favor of it. Go ahead, I'm sorry.
Mr. Helfman: No, I haven't changed my mind. Before I point out a few of the
problems with the ordinance, let me just say that the Latin Builder's
Association supports developers paying for their fair share of impacts for
development. They don't support this ordinance. This ordinance imposes fees
beyond the fair share of the developer. The ordinance has a couple of basic
problems. The first one is that there is a finding, and a basic assumption in
this ordinance, at section 54.6-2,(a), which in essence states that: "Single
family and other development does not impose excessive demands on public
facilities." That finding is outrageous. How anybody could make a finding...
how this Commission could make a finding that single family development and
other certain development does not have an impact on the City, is beyond me.
If you take one simple example, a single family house, generates ten trips a
day, vehicle trips a day. A thousand houses, for example, would generate
10,000 trips a day. To say that that doesn't have an excessive demand on City
facilities is absolutely fallacious, and that is the premise of this whole
ordinance! That's the first finding, finding (a) in the ordinance. The other
problem with this ordinance is that...
Mayor Suarez: Are you sure that you want to go through the whole thing on the
merits if we anticipate a two to two vote, assuming no one changes it?
Mr. Helfman: Let me make one more point, and I'll stop it short, and that is,
the exemptions that have been created, are going to result in a double payment
by developers. What happens is, you have single family development, which is
exempt. It still has impact, even though it is exempt. It doesn't pay fees,
so who pays those fees for that impact? Well, I think that the proposal is
that the City is going to pay for those fees, the shortfall. Well, where is
the City going to get that money?... most likely from taxation, from ad
valorem taxes. The same developer who pays the impact fee is also going to
pay again out of his taxes.
Mayor Suarez: Isn't that negligible impact, one single family?
Mr. Helfman: One single family house may be negligible, but I don't suppose
you are saying that we are only going to have one single family home in the
City of Miami.
Mayor Suarez: Have you seen any great number of single family residences
being built in the City of Miami proper?
Mr. Dawkins: No, but wait, hold it.
Mayor Suarez: Except forCommissioner De Yurre.
Mr. Dawkins: I agree, I mean, I am for it, OK?, but when you are right, you
are right, OK? The 100 single family homes have just as much impact as a unit
with 100 units in it. It is the same amount of people, OK?
78 March 24, 1988
Mr. Helfman: Of course they do, and to create a special class, and to treat
them separately...
Mr. Dawkins: So, I don't... OK, go ahead.
Mr. Helfman:... is not going to withstand our constitution challenge...
Mr. Dawkins: Well, that is...
Mr. Helfman: ... and I think it would be foolish to adopt such an ordinance.
Mr. Dawkins: Well, that is your...
Mayor Suarez: That is why I was afraid of the argument, see, because it leads
you to the conclusion that this thing, that we should not make that exemption,
and if we were disposed to make it, that is what worries me. Go ahead.
Mr. Helfman: Well, that is it. I understand that practically what the vote
may be, but we will be here again, hopefully when you do take a vote that is
significant.
Mr. Dawkins: Are you going to split your fee with Pedro, because he could
have done a better job.
Mr. Helfman: Yes, I think I will.
Mr. Dawkins: OK.
Mr. Helfman: Thank you.
Mayor Suarez: Once again, you know, we... unless a Commissioner expresses an
interest in hearing all of the arguments, unless you have some new arguments
on this...
Dr. Bernard J. Fogel: I'm sure this is a slightly new one, your Honor, and
members of the Commission. I'm Bernard J. Fogel, I'm vice president for
Medical Affairs and Dean of the University of Miami School of Medicine.
Mayor Suarez: Oh, I'm sorry, Dean, yes.
Dr. Fogel: I am urging you to consider exempting or waiving the University of
Miami Jackson Memorial Medical Center from the impact fee. Speaking for the
medical school in particular on this, the reason I am doing so is I think that
we make an extraordinary contribution to the City of Miami. We are very
privileged to do no, and we enjoy a right that few institutions enjoy.
Mayor Suarez: Can I just get a... Dean, can I interrupt you for a second? A
little history, we first exempted all nonprofits, did we not? I mean, this is
a long history...
Mr. Rodriguez: Yes, at one point, we exempted nonprofits.
Mayor Suarez: Now we are not exempting nonprofits?
Mr. Rodriguez: No, last time, no.
Mayor Suarez: OK, as to the particular or specific plans of the medical
school, you told me last night that you thought that they initially had a
building... they had in mind building a structure, or actually, redoing the
interior or a structure, but I was told that was not the case, that they want
to go ahead and begin additional construction, and those would be under the
impact fees. Those would be impacted under the ordinance, would they not?
Mr. Rodriguez: Yes, my understanding from talking to the two gentlemen that
came, one of which is standing in the back, was that they have a building
already built, and they might be remodeling the...
Mayor Suarez: They want to remodel the inside.
Mr. Rodriguez: ... remodeling the inside, so in that case, there was no...
79 March 24, 1988
Mayor Suarez: OK, as to that building, as to that kind of remodeling of an
inside of an existing structure, the fee would not apply?
Mr. Rodriguez: If there is no increase in the square footage, there is no
impact.
Dr. Fogel: Right now, we have on the drawing board, a diabetes research
center, a sickle cell center, the Silvester Cancer Center, all with over
200,000 square foot of new space.
Mayor Suarez: Are those on the drawing board like when the City has things on
the drawing board, which means we don't have the money to build it yet, but we
have it on the drawing board.
Dr. Fogel: No, no, the architecturals are being done...
Mayor Suarez: You are actually going to do these things?
Dr. Fogel: Yes, these are not...
Mayor Suarez: How does the Commission feel, do you want to take up the issue
today, of any exemptions for nonprofit foundations, medical schools and so on?
Mrs. Kennedy: Let me ask, Mr. Mayor, you know, I voted for the impact fee,
because new development is going to create an impact on our streets and our
severs and people don't want their taxes raises. Everybody voted against the
bond issue recently, and somebody really has to pay for it. Now, the County,
Is doing a task force study. I know we have held workshops in the City, but
if you want create a task force and meet with the developers, meet with the
Latin builders, meet with the reactors...
Mayor Suarez: If all else fails, create a task force, right?
Mrs. Kennedy: No, just... unless you want to take it up. I thought it was
another alternative.
Mayor Suarez: You know, these are supposed to be fees, they are not really
supposed to be taxation, I mean, in this particular case. In fact, the law
requires that we show that there is some kind of a nexus between the impact
and the fee collected, so the fact that you are nonprofit per se, I don't know
that that really means all that...
Dr. Fogel: I am really not asking on a nonprofit basis. We happen to be
located in an area from 20th to 14th and from 12th to predominantly 7th, which
represents what is now called the UMJMH Medical Center. It has $700,000,000
budget and 12,000 employees and I think we are the only group of people you'll
ever meet that provides $25,000,000 of unreimbursed care to the citizens,
predominantly, in a area that are located in the City of Miami. The
City doesn't reimburse us, the State, through its medicaid system, doesn't
reimburse us, and we bring in... and the medical school, to this community,
$250,000,000 a year. I think it is onerous, I think it is unconscionable to
then charge fees to a group of people who are trying to provide massive
services in this community.
Mr. Dawkins: See, I agree with you. I don't think anybody should be
exempted, OK? You are right, you service the people, but the people use the
roads. Ambulances use the roads to bring the people in, so we are talking in
terms of providing infrastructure to meet the needs of development, OK? Now,
If we had had an impact fee in place, Ted Gould would have had to pay his
money, so that we would not have the bottleneck we have on Brickell Avenue,
trying to cross the bridge. Now, we've got somebody has got to pay for that
bridge, therefore, as we build, we are going to need the infrastructure with
which to service the needs. My problem is, and I will say it again, everybody
who builds creates more of a need for the infrastructure. Whether it's
nonprofit, whether it is a single family home, whether it is the Federal
government, whether it is Dade County, the only reason the City of Miami
should not pay it, it would be paying it to itself, that is my opinion. Now,
the reason that we, this Commission attempted to come up with an impact fee
Is, the State of Florida says: "If you don't pass one, we will pass one."
Now, if we do not attempt to make some effort for infrastructure then all our
Latin builder friends will be in the same position, in my opinion, that we are
In with the County. You are going to have a moratorium on building because
80 March 24, 1988
the infrastructure will not support it. Now, we do not have the panacea, OK?
But, we have to put something in place for all of us to sit down with and look
at it and say: "This is fair and this is not fair." And this is why I voted
for it, and anytime you sit down with me, any of you, I am willing to say
either everybody pay impact fees, or nobody pays it. Now, that is just my
personal opinion, because everybody is going to put a strain on the
infrastructure. So therefore, I, for one, I hear you, but I have to tell you
just like I tell Dade County, when the City of Miami gave the property to
Jackson Memorial Hospital, to build the hospital and the all the surroundings,
Jackson Memorial Hospital gave a covenant which said: "We, Jackson Memorial
Hospital, will care for all of the City of Miami indigents," and that's the
law.
Dr. Fogel: That's fine, but the University of Miami has no such covenant and
does...
Mr. Dawkins: But the City of Miami is operating the same land that Jackson
Memorial is sitting on.
Dr. Fogel: But, what I am saying is that the officer who came to a trauma
center, the only trauma center that would take him, the only place that would
give him professional care, whether he could pay or not pay. If in fact, this
community, some day does not recognize the import of this treasure that it
has, that continually makes the City look good, and you know something?...
burn centers, 14,000 deliveries, the best neonatal service, etc., etc. I think
if you search through the same budget that you asked the Manager to look at,
and find out how many dollars come to the school of medicine, for the care of
all of these patients, you will find out that it is woefully short, it may be
zero.
Mr. Dawkins: Does the University of Miami doctors have the right to place
their patients in Jackson Memorial Hospital?
Dr. Fogel: Yes, they sure do.
Mr. Dawkins: Yes, they do. Do they pay the City of Miami or Dade County a
fee for having their patients in the hospital?
Dr. Fogel: Do we pay you a fee?
Mr. Dawkins: No, no the county - we don't have the county.
Dr. Fogel: We don't pay a fee.
Mr. Dawkins: So isn't it a trade off then? I mean, one hand washes the other
and both hands wash the face?
Dr. Fogel: Well, I can tell the trade off is last year, in unreimbursed care,
and I'm not talking charges and things that you do , I'm talking
about effort provided in the care of Dade County citizens, predominantly from
the City of Miami, was $25,000,000 nonreimbursed. That's a big fee. It's a
very big fee. And we like doing it, it makes us very unique and so that is
why I seek the hope that you might consider a waiver for that particular
entity and I recognize the precedent and how that affects the entire impact
fee that you so rightfully have indicated is needed. Thank you.
Mayor Suarez: How does this Commission feel by - I don't suspect we're going
to make a policy decision on that at this point, but we take note of
everything you said and may have to wait for a full Commission. Obviously, if
we don't have an impact fee then you're not concerned anyhow, Doctor, so...
anyone?
Mr. De Yurre: Well, Mr. Mayor I think that you know my feelings about it.
I'm for all exceptions because I don't want any impact fee, period. I'll
exempt anyone and everyone. The bottom line is that if we're just talking a
few minutes ago about creating incentives to build the northeast, if you want
something that is going to detract from any incentives, is an impact fee in
the City of Miami. An impact fee, and we've said it before, and it is my
position is good and it's needed if you look, for example, at West Dade. You
know, you're getting into areas that have not been developed period. City of
Miami has been developed 96, 96 percent. It's not just that, it's a matter of
81 March 24, 1988
If we're looking for an impact fee so we can have additional funds to address
our needs in the City of Miami, the bottom line is that we're going in the
reverse. I spoke last week I had lunch with representatives of the Babcock
Company and they're in the process of constructing a 36-story building on
South Miami Avenue and the river and when they analyzed what the impact fee
would be on their building, which amounts to $750,000, they have put their
project on hold because if the impact fee goes, so goes the building. They
cannot build it. And what happens is, instead of getting the seven fifty,
we're going to lose the tax base increase that we would get from a 36-story
building. And just like that, we have other concerns, I was talking to one of
the groups that's going to be bidding on the GSA Federal Building and their
first concern is, is it going to apply to us? Because if it does, then we may
not be able to build it and you talk about a $30,000,000 project that's going
to be added to our tax base and if everybody, every municipality has an impact
fee and the county has one, then we'll have one but I don't want to be in a
position where we're the first ones to have one, the only ones to have one and
then they start building in the perimeter and around the City of Miami and the
City will not grow, period. And that is my concern today, 1988. If other
municipalities start changing and go along, then we can go ahead but I don't
want to be the only one in this Dade County with an impact fee.
Mr. Dawkins: Mr. Attorney, Mr. City Attorney, what's the state position if
you do not have an impact fee and what's the date that the state gave that you
must have an impact fee in place?
Mr. Maxwell: Well, Mr. Dawkins, there's a state requirement that says that
you can't pass developments of regional impact unless you have an ordinance in
place that charges the developers of that development for impacts the same as
you charge the rest of the area. It doesn't require that you have an impact
fee per se but it says that you cannot pass developments, adopt ordinances
declaring developments of regional impact unless you make provision for the
impacts caused by that developing. That means that one, either the developer
pays or the City pays for that impact. Now the City has deemed it desirous
not to pay so it's charging the developers for it. Now, I believe you may be
thinking when you say the date, you may be thinking about the comprehensive
plan which has a July 1st date and that's separate from the impact fee.
Mr. Dawkins: Mr. McManus, what, in your estimation, what additional strain,
for the lack of a better word, would the same 35-story building that
Commissioner De Yurre spoke of, place on the infrastructure and eventually - I
mean, such as fresh water use, sanitary sewage, storm sewage, etc.
Mr. McManus: Well, Commissioner, it's all of those but more particularly,
it's on our city street system, on the local streets. And then you go on from
there and all the impact on the utilities.
Mr. Dawkins: But and then now, if we do not have an impact fee and there
comes a time when quote, unquote, the sanitary system cannot support what we
have and we do not have fresh water enough in that area, what, perhaps, would
be the conclusion?
Mr. McManus: Well, then we would have to go back to the present residents of
the area and say that because of the deterioration of the infrastructure, we
would then have to be talking about more bonding programs. The advantage of
using the impact fee is that those who are coming on the scene and are
creating the impact are the ones that are being asked to pay for their impact
as opposed to the residents of the City of Miami who have always lived here
and have always paid their fair share and would then be asked to pay the
second and third time around.
Mr. Dawkins: Well, how have we structured our impact fee to ensure that the
same 35-story building that Commissioner De Yurre spoke of is built and that
the developer is charged no more or no less than for what his building will
impact on the area. How do we determine that?
Mr. McManus: Commissioner, we have forecast, based on extensive market
studies, the growth of the City of Miami for the next 20 years until the year
2005 in terms of the and projected the number of square feet, both commercial
and residential, so that the projected 35-story building is charged a pro rata
share of the projected forecast through the year 2005.
82 March 24, 1988
Mr. Dawkins: And the developer then has to pay for - did you say 20-year
projection or 10-year projection?
Mr. McManus: Twenty year, 2005.
Mr. Dawkins: Twenty year projection. Now, suppose the developer's building
is destroyed by fire in five years, does he get 15 year refund on the impact
because his building would not impact on the area if it's destroyed.
Mr. McManus: No, sir, because the City of Miami would have had to plan and
project the infrastructure for his building when he initially came forward and
built the building.
Mr. Dawkins: But the building is no longer impacting on the infrastructure.
Mr. McManus: But the City would have already constructed that infrastructure.
Mr. Dawkins: All right then the next guy, in case this fella is dead and
someone also builds, then they don't have to pay an impact fee then, even
though it's new construction.
Mr. McManus: Commissioner, if you're talking on the same site so there's no
net increase on the same site...
Mr. Dawkins: Yes.
Mrs. Kennedy: It would be a double impact fee then.
Mr. Dawkins: Yes.
Mr. De Yurre: And triple.
Mr. Dawkins: See, these are the things he's saying that you have to work out.
That's all he's saying.
UNIDENTIFIED SPEAKER: Excuse me, if the impact fees aren't used within six
years, they're returned to the builder, are they not?
Mr. Maxwell: Yes.
Mr. McManus: Commissioner, I think the answer is, that if a 28 story building
were built and destroyed by fire in five years and then the building, in turn,
were replaced in its entirety, it would be exempt because there is no net
increase. Say you build building A, it's destroyed by fire and then you
replace it by building B. The impact has already been assessed on building A.
Building B is only repeating the impact that we planned for building A, so we
wouldn't be assessing building B.
Mr. Dawkins: Is that in the ordinance because we may not be the Commissioners
here and they may decide that they want to impact a guy because, again,
they're trying to avoid raising people's taxes.
Mr. De Yurre: What section is that?
Mr. McManus: Commissioner, I think the logic of what Commissioner Dawkins is
saying would play itself out before an appeals committee. In other words...
Mr. De Yurre: Well, no, no, no, no. Well, you see now, we just came up with
an idea that may have not have been contemplated. Is it in the ordinance
right now that's before us?
Mr. Maxwell: No, Commissioner, that particular provision is not in there.
However, we did build in the appeal process to take care of unforeseen
circumstances like that one and when...
Mr. De Yurre: Well, isn't that foreseeable?
Mr. Maxwell: Excuse me?
Mr. De Yurre: It's not unforeseen if we're seeing it right now.
83 March 24, 1988
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0
Mr. Maxwell: Well, the ordinance is designed to take care of quote impacts
and if I may address another point that was made just a moment ago, if - I
defer on that point and stop there.
Mr. De Yurre: You know what the point is also that just because you built X
years ago, you don't have to pay an impact fee and we have the same impact as
your next door neighbor that's building in the future. So, you know, now
we're saying that once you go beyond X amount of people in an area, now you
have an impact when it's the same impact that everybody has been providing as
you've been building as years go by. And now we're doing is because you come
in at the tail end, you're going to get hit with a so called impact fee to
take care of everybody in the area. And I just don't see that being
equitable.
Mr. Rodriguez: Commissioner De Yurre, trying to answer your question about
the credit, there is a section in the proposed legislation, section 54.6-12,
in the calculation of impact fee on page 23 of your package, item e, it talks
about review and appropriate reduction of the impact fee upon verification by
the Planning Department and it deals about the issue of credit and one of the
most important part of the legislation that relates to impact fee is that you
cannot charge for something that the structure doesn't create an impact for.
Impact fees are specifically based on the premise that only you pay for the
impact that you create based on the formula that we have. And also the issue
of the rational nexus is important in this case. You can only use the money
collected for impact fee for the particular area for the particular capital
improvement for which you collect the fee. So that is in the ordinance. Now,
geographic area...
Mayor Suarez: When you say a particular area...
Mr. Rodriguez: Geographic area.
Mayor Suarez: ... has any court or has the legislative history or anything
Indicated that that means anything other than the entire City?
Mr. Rodriguez: What?
Mayor Suarez: Yes.
Mr. Rodriguez:
, right.
Mayor Suarez: And you have to tie it to like a neighborhood, I think we've
gone through this before, I don't know.
Mr. Rodriguez: We try to - we're tying the application...
Mayor Suarez: No, I mean I've asked these questions before and I've had them
answered so maybe I shouldn't get into it again, but I forget. The answer is
that this court decision to say when they mean...
Mr. Maxwell: That's correct.
Mayor Suarez: ... rational nexus it has to be to a particular...
Mr. Dawkins: Godfather.
Mr. Maxwell: Rational nexus test, it's the Dunedin Test and it's a rational
nexus test that you have to use.
Mr. Rodriguez: Commissioner Dawkins asked me for a question yesterday on this
and maybe I can help you in answer it. You were asking me, what would have
happened if we have an impact fee when the CenTrust Bank and the Southeast
Bank and the Miami Center, Phase I, were built? In the case of the CenTrust
Bank, it would have had to pay $837,000. Southeast Bank would have had to pay
$1,896,000. And the Miami Center, Phase I, would have had to pay $1,300,000.
Mr. Dawkins: That would have helped with the...
Mr. Rodriguez: That we didn't collect through this means.
Mr. Dawkins: OK, I have one other question and then I'll be finished. On the
first page here, it says that the impact fee established on all new
84 March 24, 1988
it
development, exclusive of City owned and
residential development, low and moderate
that I need explained, and certain other
does that mean?
operated facilities, single-family
income housing and this is the part
categories of new development. What
Mr. Rodriguez: OK, if I may get your attention to page 11 of your package,
the legislation specifically addresses the exceptions and I'm going to read
from there, if you don't mind because it covers everything. Page 3 of the
legislation, page 11 of your package, it says: All single family residential
will be exempted. Any development of less than 1,000 square feet, not
resulting in a net increase of a residential unit will be exempted. All
housing, other than single family, which is located in the community
development target area and that would include duplexes and multi family,
would be exempted. Any housing that would be certified by the City of Miami
housing conservation and development agency as being low and moderate income,
will also be exempted. In addition to that, any non profit, joint venture
with the City or City -owned property or operated facility or a development
using City -owned land, which, I think was the example of Commissioner De Yurre
before with the GSA property, will be also exempted. I think, in that
example, I'm not complete sure because I don't know the details of that. And
finally, it has also some exceptions that you provided for before that will
exempt projects that will apply within the effective date of this ordinance
which will be one month from the day in which it is approved on second reading
if it is approved, they will have 45 days to pull a permit and also
development orders.
Mr. Dawkins: OK, how are we - Mr. Maxwell, how are we going to defend in
court his statement that this is not fair? Because it has - come back to the
mike.
Mr. Maxwell: Commissioner, what you're speaking of is a constitutional
challenge based on equal protection. We believe that the ordinance is
defensible. Every ordinance that's passed by the Commission has a presumption
of validity until declared by a court of competent jurisdiction to be
otherwise. Recently, a court ruled in the case involving a Loxahatchee vs.
Palm Beach School District, I believe it was Palm Beach School District, but
there was a Loxahatchee Water Management District or something like that, but
there was a challenge on that very same issue because it exempted schools from
the impact fee. And the court ruled that as long as there was a rational
basis for exemption, it was constitutional. Now, surely, this ordinance would
be stronger and more defensible if it didn't have the exemptions in it. But
this board, in its wisdom, has decided that it will exempt certain classes of
development and we believe that maybe except for the single family residential
which because it's so pervasive is more difficult to defend, that the others,
because of the need, it would be more defensible because there is a rational
basis for it. For instance, this Commission has determined that there is a
housing emergency. Now, if there's a housing emergency, surely you don't want
to deter the creation of new housing, particularly affordable and low and
moderate income housing. So there's a rational basis for that. Non profit
joint ventures involving the City, because the City would have to pay for it,
there could be arguably a rational basis for that. And as long as you can
present a rational basis for the exemptions that you have, we believe that the
court will sustain this impact fee ordinance.
Mr. Dawkins: Thank you.
Mr. Helfman: Commissioner, Joel that case is Loxahatchee River Environmental
Control District vs. the Board of Palm Beach county and the facts of that are
quite different, I think if you read it. It really doesn't apply to this
situation, but in any event, and the other case that you ought be aware of is
the recent Supreme Court case of Nolan where the Nexus Test may have been
changed and I think you ought to look at that. I think now the test is not a
rational nexus but an essential nexus.
Mayor Suarez: No, we're not going to get too much into those distinctions
today.
Mr. Helfman: So, in any event...
Mayor Suarez: Please, particularly when we're headed towards a two to two
vote here.
85 March 24, 1988
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Mr. Nelfman: Let me suggest something, I think that idea of a workshop or
something such as that is a good idea. I think there are problems here. And
to In ahead and pass this thing just because we feel we need it when we may
come back at some point and find out that it's unconstitutional is foolish.
So, I would suggest that maybe a workshop is the thing to do before we move
ahead on a final vote on this.
Mr. Dawkins: What's wrong with passing it and then having a workshop?
Mrs. Kennedy: Then you don't need a workshop if you pass it now.
Mr. Dawkins: Yes we do. Look, I don't care what we do, even though we though
we pass the next one, we're going to have to have a workshop because we're not
perfect up here. We're going to make mistakes.
Mrs. Kennedy: Well, I understand. Let me tell you and as I stated before, I
voted for it because new development is going to create an impact and people
obviously don't want the bond issues. They don't want their taxes raised and
It's up to the developers. Now, there are a lot of loopholes that I see so
that's why I suggested the task force. Let's see how many cities in Florida
use the tax fee, how many cities are considering it. See how you can
incorporate the nonprofit organization, if at all. I don't know, it was just
a suggestion.
Mayor Suarez: As far as the workshop, I do want to say one thing in our own
defense, we have...
Mrs. Kennedy: Task force.
Mayor Suarez: ... yes, the task force is a whole different concept because
presumably we would get some expert advice and input from the community or
whatever. But the workshop, I mean, that's what we've been doing here for the
last year on this and having more workshops. I mean the law is always going
to be changing, there's always going to be another Supreme Court case. My
hope had always been that if we were going to do this, we would manage to
exempt all of what I call, small projects and only really apply it to - and I
don't know if that makes the law that much more difficult to support in court.
That's what worries me, I guess and we haven't back...
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. De Yurre: One concern that Commissioner Dawkins voiced and if it's his
main concern or not but, you know, it's certainly something that needs to be
addressed, and that was the fact that the state involvement that if we don't
have one, they will decide for us what to do and what not to do. Now, let me
ask...
Mayor Suarez: They have in a sense. In a sense they have because if we don't
come up with one of universal application, we cannot exact the DRI
requirements and that's already an imposition on us that we have to somehow
comply with.
Mr. De Yurre: Let me ask this question. Would we or would it be possible if
we were to pass, to meet that state requirement, to pass an impact fee and
then put a moratorium on it. Would that meet the requirement of the state and
then we can activate it, if need be, down the road.
Mr. Maxwell: Commissioner, I would counsel against your doing that,
particularly placing that on the record if that's the purpose for doing it.
Mayor Suarez (OFF MIKE): You just allowed him to pierce the reality.
Mr. Maxwell: We have taken the position that the impact fee ordinance that is
presently in effect, but has a moratorium on collection satisfies the state
requirement. However, that wasn't the basis for its passage. So if you
indicate that your motive for passing the ordinance up front is to get around
the state statute...
Mr. De Yurre: I'm just asking, I'm not indicating, I'm asking.
86 March 24, 1988
Mr. Maxwell: If you pass the impact fee ordinance, placed a moratorium on
collection and that wasn't the reason that you placed a moratorium on there,
waybe a cOuaL evu:t; .gaee ghat we've satisfied the state requirement but it's
quite questionable.
Mr. De Yurre: As questionable as the residential homes being exempted?
Mr. Maxwell: I couldn't answer that, sir.
Mr. De Yurre: OK.
Mayor Suarez: Anything further from the Commission? You're not going to get
Into this one, thank you.
Mr. Armando Framil: I'd like to.
Mayor Suarez: I mean, we're headed towards a two to two vote unless someone
tells me otherwise and that means it will basically be coming back up again
for probably the 25th time.
Mr. Framil: So you want us to defer our comments till then or...
Mayor Suarez: Much appreciate that...
Mr. Framil: Thank you.
Mayor Suarez: ... and I think you're here for another matter. No? We have
nothing on Vizcatran today? Oh, OK. Anything else from the Commission? Do
we have a motion on this matter?
Mr. De Yurre: This is second reading.
Mayor Suarez: Second reading of the ordinance.
Mr. De Yurre (OFF MIKE): There's no motion.
Mrs. Kennedy: Who moved it the first time?
Mayor Suarez: Commissioner Plummer, according to what I'm seeing here.
Mrs. Kennedy: Who second it?
Mr. Dawkins (OFF MIKE): I move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. Any discussion? Call the roll. Read the ordinance.
AT THIS POINT, THE ASSISTANT CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC
RECORD BY TITLE ONLY.
Mayor Suarez: Call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY VICE
MAYOR KENNEDY, THE MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Vice Mayor Kennedy
NOES: Commissioner Victor De Yurre
Mayor Xavier L. Suarez
ABSENT: Commissioner J. L. Plummer, Jr.
COMMENTS DURING ROLL CALL:
Mr. Dawkins: I vote yes and the reason that I'm voting yes is that I feel we
need an impact fee. I don't feel there should be any exemptions. Just like
every zoning meeting, we have an amendment to the 9500 ordinance, I feel that
we can have workshops and we can amend this to come up with what's amenable
and what's good for the builders so that they can help us make a good Miami.
March 24, 1988
Mrs. Kennedy: I vote yes because this is a way for the City to get money from
new commercial development without taxing the people who live in the City.
Mayor Suarez: I have to vote no, I still think this discourages the kind of
building that we precisely want in the City of Miami and while I understand
our needs to find monies for infrastructure, this is not the way to do it. I
think the state is applying something to all of the cities in an
Indiscriminate way that really doesn't make any sense for a City like Miami
which has different goals from other cities throughout the state. Although it
does worry me that if they're not satisfied at some point, that they're going
to come up with some other kind of requirements and I would not want, at any
time, to have a moratorium imposed by the state and I strongly suggest that
all builders work with the City to try to solve this dilemma so that they
don't impose a moratorium because that would really be the worst of all.
COMMENTS MADE AFTER ROLL CALL.
Mr. De Yurre: Well, we have done now, the ordinance is out. It didn't pass
the second reading.
Mayor Suarez: That ordinance did not pass and unless there's a motion and I
don't know that a motion against it makes any sense either.
Mr. De Yurre: So what is the result of this two to two tie?
Mayor Suarez: Madam City Attorney, what's the status then?
Mr. Dawkins: Madam?
Mayor Suarez: Mr. City Attorney.
Mr. De Yurre: It's that moustache that gave him away.
Mr. Maxwell: The item will have to come back before this Commission. The two
to two vote constitutes no action so it will come back at the next scheduled
P&Z agenda or you can bring it back...
Mr. De Yurre: Doesn't it constitute failure?
Mr. Maxwell: No, sir, not before the City Commission.
Mr. Dawkins: Well, how could it constitute failure this time when other time
I wanted to constitute failure for two/two and didn't?
Mr. De Yurre: Didn't it?
Mr. De Yurre: You sure?
Mr. Rodriguez: So this will come back at the next Planning and Zoning agenda.
Mr. Dawkins: Next Planning and Zoning agenda?
Mrs. Kennedy: Four weeks.
Mrs. Dougherty: Commissioner Dawkins, I would like to make an announcement on
precisely that issue, I was incorrect. Yes, hard to believe but... the
Mason's Rules of Order read in conjunction with our charter which requires
that any action you take have a three votes then it automatically comes back.
This one automatically comes back and the Merrill Stevens RFP.
Mayor Suarez: OK.
Mr. De Yurre: Mr. Mayor.
Mayor Suarez: We have a saying in Spanish about the wise sitting on an ant
hill. Yes, Commissioner.
88 March 24, 1988
AN rmrvtlrmCV MRDtaaNCE: SUSPEND COLLECTION OF CITY'S RIGHTS -OF -WAY
CLEANING FEE FOR 30 DAYS.
B) INSTRUCT ADMINISTRATION TO HOLD WORKSHOP IN CONNECTION WITH RIGHTS -
OF -WAY CLEANING FEE ORDINANCE ON APRIL 12, 1988.
Mr. De Yurre: If you recall, yesterday we were at the Camacol and we promised
that we'd bring up an item at 7:00 o'clock and it's 7:08. So, with your
permission, I'd like to go ahead and bring it up, we've got a lot of people
that have to do with that item.
Mayor Suarez: Because we have planning and zoning agenda, we have many people
who have been waiting to be heard on private matters. I presume what you
would like is to just have the Commission act on this without going into a
public hearing because that would be unfair to the other...
Mr. De Yurre: I think we all know what we're talking about. We understand the
issue, we understand the implications and the ramifications. In dealing with
the street cleaning impact fee, you got to call it an impact fee, the street
cleaning fee, that based on all the information that we received yesterday
from the residents or the owners of commerce here in the area of City of
Miami, I would like to make a motion to place the street cleaning fee on a
moratorium till the end of this fiscal year to allow the businessmen of the
community to sit down with the administration to work out the wrinkles that
surfaced because of this street cleaning fee and to hopefully come up with a
solution that we can both live with. I feel that we should act in good faith.
I think we have acted in good faith, but for some reason the message wasn't
clear out there. I think it has to do a lot with failure of the system which
says that it's legal and we've met our requirement. But when you talk about
public notices and it gets published on page 8 of section C of The Miami
Herald, just how many people actually get notice. And I certainly feel that
that has been the response that we've gotten from this group and, hopefully,
you know, we can keep the trust that we have earned throughout the years in
working with them and something that is good for the City of Miami. So I'd
like to put it up for discussion but I'd like to move for a
moratorium till the end of this fiscal year on this street cleaning fee.
Mayor Suarez: So moved. Let me say this. I'll second it for discussion
purposes. We're trying to see if we even have a motion on the floor and I'm
seconding it for discussion. I would vote against the motion as stated but I
would be, and I want to hear from the rest of the Commissioners if they'd give
me an idea of how they feel, because I like to follow the consensus of the
Commission. I'd be disposed to vote for a moratorium for a very short period
of time because, otherwise, I think we'd create an incredible amount of
confusion out there since those bills have been already sent out, while we
study the - what appears to be - inequitable aspects of this. I'm concerned
about the cap. I think that if we eliminate the cap and apply the fee to some
other entities that create some of the sr:ne problems for us in the City that
this fee is seeking to collect monies to solve, that we might be able to apply
it in a more equitable fashion and reduce the impact to the small property
owner by as much as a half or maybe even more, as much as two-thirds,
somewhere in between there. And I would like to see that studied and brought
back by the Manager but it would have to be within two weeks from my
perspective. I'm concerned about eliminating it for the remainder of this
fiscal year and think that may not be the most responsible thing to do. What
I'd like to do is come up with a more equitable fee that still produces the
same total amount and I think one can be worked out and that the impact would
be roughly like I said, as much as one-half or even greater reduction from
what you have gotten in your respective properties and that's what I would
like to contemplate so I would support a motion to impose a moratorium for no
more than 1S days or maybe a month and I'd like to hear from the rest of the
Commission how they feel about it.
Mrs. Kennedy: I have been meeting with some of the private haulers, as I'm
sure that maybe you have too, and they are willing to come up with some kind
of franchise fee. I strongly suggest pursuing this, Mr. Mayor, because it
might make up the difference of the $4,000.000. At this point, they're
willing to sit down with the City Manager and come up with a franchise fee to
help us out.
69 March 24, 1988
Mayor Suarez: On the idea of a moratorium, do you have any feelings?
Mrs. Kennedy: Well, for a very short period of time until this can be worked
out, I agree.
Mr. Dawkins: The...
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: The trash collectors users fee may be fine but I do not intend
to trade off the right to seek to get commercial accounts from entities within
the City of Miami. I will not concede that right to the private haulers for a
buy out fee because I believe that if we can go into the City and pick up the
commercial accounts that are there, of which some individuals in the audience
have worked hard with us to get, then we would have money with which to do
these things. Nov, I feel too that the fee is unequal. I still don't
understand how we charge a resident as much money as we are charging an
apartment building. I mean, I fail to see it, but now, if we put a moratorium
on and as the Manager said, - and where is the Manager? You have already
collected money on this fee, is that correct?
Mr. Odio: I believe the last report I have was $80,000.
Mr. Dawkins: You've collected eighty thousand. Have you placed that eighty
thousand in your budget?
Mr. Odio: Yesterday we had eighty thousand, today we have $160,000, I'm
sorry, Commissioner.
Mr. Dawkins: And have you budgeted that?
Mr. Odio: Yes, sir, we budgeted that.
Mr. Dawkins: So, now, in the event we put a moratorium on then how long have
we been collecting it?
Mr. Odio: It's, I believe, four days or so, something like that.
Mr. Dawkins: Four days?
Mr. Odio: Yes.
Mr. Dawkins: And we collected $160,000 in four days?
Mr. Odio: Something like that.
Mr. Dawkins: All right, how are we going to determine if we put a moratorium
on where to stop?
Mr. Odio: Well, technically, if you put a moratorium, that money that has
been paid will be put in escrow. We will not be able to use it and if at some
point, you decide to - in the case you decided to cancel the fee, that money
would have to be returned to whoever paid the bills.
Mayor Suarez: But, in the meantime I don't think...
Mr. Odio: In the meantime, the money is kept there in escrow.
Mayor Suarez: ... anyone had asked about it until Commissioner Dawkins did,
but you just answered that you would suggest putting it in escrow which I
think ought to be part of the motion.
Mr. Odio: I think it should be put in escrow in all fairness. Yes.
Mayor Suarez: If we agreed on a moratorium at all, I wouldn't want to...
Mr. Odio: Even though we always have $160,000 in the bank accounts but I'd
prefer it to separate the money and make sure the money is sitting there and
until you decide whatever we want to do with it.
90 March 24, 1988
Mr. Dawkins: Well, I too have been bombarded with requests and I've told
everybody who called me we could hook up together because a lot I was not able
to return the!- c±"s at! a 1-t of -^s!d '_s, -oat not in my office. 1 see
this, me personally, as a tax. It's nothing but another form of taxation and
if we're going to tax the residents, it should be a tax so that residents and
businesses can use it as a tax deduction on the income tax and then it's a
tax. When we go around, everytime I look up we are attaching a fee and the
fee is not deductible. So I'm adding to my tax dollar, I live in the City,
I'm adding to my tax bill and that's all. So, if we put a moratorium on, then
you come back and tell me how you're going to get this as a tax or what you're
going to do to replace what in the budget? How much in the budget?
Mr. Odio: It's $4,000,000.
Mr. Dawkins: This was - 4 million dollars. You know, this is...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Dawkins: Come to the mike, sir. Come to the mike, sir. This is a public
hearing.
Mr. Sidney Zenel: You keep on taxing...
Mr. Dawkins: Your name and address, sir, please.
Mr. Zenel: My name is Sidney Zenel.
Mr. Dawkins: Yes, sir.
Mr. Zenel: I'm on 8th Street, 1650 8th Street, Southwest. You keep on
taxing, you're going to kill the goose that laid the golden egg for you.
Mr. Dawkins: OK.
Mr. Zenel: Now you keep on, you see, the next thing I know you come to Miami
you're going to put meters on us. free press, tax thereafter.
Mr. Dawkins: Not only 8th Street, sir. I have Flagler Street, we have S.E.
2nd Street where people are not doing any business. I mean the revenue is
just not coming in, I understand that.
Mr. Zenel: Yet, you're coming up with higher taxes. Something's wrong
somewhere.
Mr. Dawkins: All right, well let me ask you a question. If we don't come up
with higher taxes, how are we going to provide the services?
Mr. Zenel: By letting our Commissioners take a cut in pay.
Mr. Dawkins: Cutting back, OK. Now, some of us need to case here a little
oftener, OK? Now you're telling me, cut back and everybody else come in here
and tell me they want 20 more policemen, that we want 30 more policemen, we
need 40 more policemen with which to make the City safe. Now, fine, I don't
mind cutting back, but if I cut back, sir, and I don't provide - see, to me,
fire, police and sanitation are the services that we are required; that you
vote for us to provide.
Mr. Zenel: Correct.
Mr. Dawkins: And when we can't provide them, we have to find a method to
provide them.
Mr. Zenel: Yes, but you're raising your taxes up so darn high that people
won't be able to afford them even if they want them.
Mr. Dawkins: You're right, sir, but I am saying to you that the taxes have to
be raised. Other individuals are tacking on fees and trying to slide it in as
a fee and it's the same thing.
Mrs. Kennedy (Off and on mike): No, no, no,not...
Mr. Dawkins: Yes, it is.
91 March 24, 1988
Mrs. Kennedy: ... the fee that I suggested is just for the private haulers,
not for the citizens. Wo re talkire *bout two differp^.! +�;ngs I-e-re.
Mr. Dawkins: Yes, but that's $4,000,000, we're going to be right back here
next year... OK, let me say this, we have...
UNIDENTIFIED SPEAKER: May I...
Mr. Dawkins: Yes, ma'am, yes, ma'am, go ahead.
Mayor Suarez: Unless the Commissioner wishes to hear, we have not turned this
into a public hearing yet. Do you want to hear from him?
UNIDENTIFIED SPEAKER: Well, that's all right. No, you go ahead, I don't want
to interrupt you.
Mr. Dawkins: No, I'm finished, Mr. Mayor, like I said, if it's a two/two vote
I believe anyway, so we've got to have another hearing.
Mayor Suarez: Unless the Commissioner wants to hear from you, this is not a
public hearing and I'm not sure that we won't be having this as a public
hearing in any event, so let's take up comment at that point.
Mr. Dawkins: We're going to have to come back with a public hearing.
Mrs. Kennedy: All right, if you're finished then, I'd like to make a motion.
UNIDENTIFIED SPEAKER: Well, could I may something7
Mayor Suarez: You will be able to when we have a public hearing on this
matter. And unless the Commissioner wants to hear, we've got...
Mr. Dawkins: De Yurre made a motion.
Mr. De Yurre: I want my motion to live or die.
Mayor Suarez: Yes, but it wasn't...
Mr. De Yurre: You know, I got a motion...
Mayor Suarez: We have a motion and it hasn't been seconded, so let us see if
we can work ourselves through this procedural situation here and then the
Commission may or may not want to hear from him. It is not on the agenda and
we've got a lot of people who are waiting to be heard on other items, ma'am.
Mrs. Kennedy: OK, can I say something then? Mr. De Yurre would you like to
incorporate in your motion to instruct the City Manager to meet with the
private haulers? We might resolve this and there might be no need for a
public hearing. These people, I've had five meetings with them, they're
willing to work out a franchise fee so that they citizens do not have to pay
the tax. So would you accept incorporated in your motion instructing the City
Manager to sit down with them and work it out? It could be worked out.
Mr. De Yurre: Isn't he sitting down with them already?
Mrs. Kennedy: Yes, but they need to sit down with him again.
Mr. De Yurre: Well, the thing is that if we have a moratorium on this and
meanwhile, he works something out, then he can may, listen, we're picking up X
million more and then you can subtract it from here and do whatever you want.
I just don't want to tie it in or if you want to do it into a separate motion,
I'll be more than glad to vote for that, but I hate to tie it in to this.
Mayor Suarez: OK, the motion, as stated, is to have a moratorium until the
end of the fiscal year and, as stated, I have not heard a second. If you want
to repeat it and see if you get a second...
Ms. Hirai: Mr. Mayor, you had seconded it for discussion purposes.
Mayor Suarez: OK, I second it for discussion but as I implicated by that, I
would vote against it.
92 March 24, 1988
• 0
Mr. De Yurre: OK, well I just want it to go to a vote. My commitment with
this community is that I would co-• he-- --I `-r - noretcrium till the
and of the fiscal year and meanwhile for us to work out the situation and
hopefully come up with an answer that we can both live with and that's my
commitment and that's what I'm here for right now and if that dies, then you
know, I'll be able to go ahead and vote for some other motion that is made.
Mayor Suarez: OK, does anybody want to propose a substitute motion before we
vote on that? Commissioner, or Madam Vice Mayor.
Mrs. Kennedy: To instruct the City Manager to sit down immediately with the
private haulers and try to solve this. I think it could be solved in a matter
of two or three days.
Mayor Suarez: And in the meantime, do you propose a moratorium of any
particular duration or not? You're proposing a moratorium until the next
Commission meeting or until he reports back...
Mrs. Kennedy: We could offer a moratorium until the next Commission meeting
or until it's worked out, whichever comes first.
Mr. Dawkins: First what?
Mayor Suarez: Next Commission meeting.
Mr. Dawkins: Or the first what?
Mayor Suarez: Or until it's worked out, whichever comes first but that sounds
a bit complicated.
Mr. De Yurre: You know, the things is that these people are getting hit
retroactively for a fee. This goes back to October 1 when they should have
been - do we tax six months or we sent fees out and collection fees six months
after the year had started? Is that the way it works?
Mr. Odio: It has been done and it's a service that has been provided and...
Mr. Dawkins: Well, if we're providing the service, why are we charging? If
we're able to provide the service, why are we taxing the people if we're
already providing the service?
Mr. Odio: Because we budgeted this amount to pay for the services. When the
budget was approved October lat this amount was budgeted to provide the
additional services that we're now providing, additional trash pickups and the
cleaning up of downtown and business areas.
Mr. Dawkins: That one died, let's try another one.
Mayor Suarez: Oh, no, I'm sorry, I'll second that, I'll second that,
Commissioners...
Mr. Dawkins: What is the motion.
Mayor Suarez: I'll second a substitute motion if it includes a 30 day
moratorium.
Mrs. Kennedy: Sure.
Mr. Dawkins: That does it. There's a motion on the floor that there be a 30
day moratorium on the collection of the fee and that the Manager be instructed
to sit down with the private haulers and extract a user's fee - not a user's
fee, a what, a franchising fee - from them and then when that amount is
determined, we will look, and if I'm in error, Commissioner, correct....
Mrs. Kennedy: You're right on target.
Mr. Dawkins: And at that time, we take the amount that's collected and apply
it to the need and if it doesn't meet the need, then we will structure a fee
to make up the difference. Is that correct?
Mayor Suarez: Well, as I understood the motion, it's that they...
93 March 24, 1988
•
Mrs. Kennedy: I don't know that the last part is necessary.
Mayor Suarez: ... negotiate with the haulers and come back with a different
kind of a fee schedule that may be acceptable to the Commission.
Mrs. Kennedy: Right, come back to this Commission with a proposal.
Mr. Dawkins: But you got to know how much money - OK.
Mayor Suarez: And, at least as for myself, I'd expect it to generate the same
amount of money. Altogether.
Mr. Dawkins: OK, is the motion understood? OK, under discussion. Mr.
Mayor - Mr. Manager, I will vote for no franchise fee that says the City of
Miami will not compete with the private haulers for commercial accounts within
the City of Miami. OK? I'm not going to let them buy that - I mean, I will
not vote for them to buy that right for 4 million dollars, OK? Any further
discussion?
Mr. De Yurre: Yes, what I would like also to put into that motion and if it's
accepted by Rosario, is that the fact that for - and the Mayor - is that for
the fee to be implemented again or the moratorium to be lifted, that it come
before the Commission for a vote, I just want to make sure of that.
Mrs. Kennedy: Yes, I accept.
Mr. Dawkins: Any further discussion?
Mrs. Dougherty: Mr. Mayor.
Mayor Suarez: Yes.
Mrs. Dougherty: If I could, for technical reasons I'd like to clarify that
your direction to the City Manager is not part of this ordinance. The
ordinance itself will go forward with a 30 day suspension on the collection.
My question to you is, does the collection mean that the fee is still
assessing and, therefore, you're just not collecting it or are we going to cut
it off and therefore the effective date will not be for 30 days and we should
refund all the money.
Mrs. Kennedy: I think that the fee should be assessing and put in an escrow
account and then we decide what to do with it.
Mrs. Dougherty: OK, so it's a simply a suspension on the collection and the
direction of the City Manager will be secondary.
Mrs. Kennedy: Correct.
Mrs. Dougherty: OK.
Mr. Dawkins: But that's saying though, I think that they're be no more money
collected until...
Mayor Suarez: Right.
Mr. Dawkins: ... that within the next 30 days. Is that what we're saying?
Mrs. Kennedy: No.
Mr. De Yurre: Actively collected.
Mrs. Kennedy: No, the money will be collected and put in a special escrow
account.
Mrs. Dougherty: It's simply the money is being assessed, we're not collecting
it though.
Mrs. Kennedy: All right, I'm sorry.
Mr. Odio: Let me simplify it.
94 March 24, 1988
•
Mrs. Kennedy: The money will be assessed, you're right, not collected.
Mr. Odio: Not collected.
Mrs. Kennedy: Right.
Mr. Odio: They don't have to pay it until the moratorium is lifted.
Mrs. Kennedy: It gets confusing here after a while.
Mr. De Turre: Yes, but what you're saying is that if you receive a check,
you're not going to return it, you're going to hold onto it.
Mr. Odio: If we receive a check in the meantime...
Mayor Suarez: Well, that's another question, what do we do with a check
that's received?
Mr. Odio: ... we will put it in escrow.
Mr. Dawkins: No, sir, send it back.
Mr. Odio: Send it back?
Mr. Dawkins: Send it back.
Mrs. Dougherty: To be returned if you repeal the ordinance at a later date.
Mr. De Yurre: Or don't deposit it, hold onto it. One or the other.
Mr. Odio: Put it in an escrow and return it...
Mr. Dawkins: Why should I hold his money in the bank and collect interest,
when he can put his own money in the bank?
Mrs. Kennedy: Yes, returned.
Mr. Odio: Fine, I do whatever you...
Mr. De Yurre: Well, that's what I'm saying, if he doesn't deposit it, he
still has it in the bank.
Mayor Suarez: Since the motion is to assess but not collect, if we receive a
check, even though we're saying we're not collecting if this motion passes,
the idea is to return the check.
Mr. Odio: How about the checks we have already received?
Mrs. Kennedy: Yes, how about the money?
Mayor Suarez: No those, we've said, are going into an escrow account. Those
were during the time the ordinance was in full effect, force and effect.
Mr. Dawkins: Any further discussion?
Mr. De Yurre: No.
Mr. Dawkins: Call the roll, Madam Clerk. That's it?
AT THIS POINT, THE CITY ATTORNEY READ THE ORDINANCE INTO THE PUBLIC RECORD BY
TITLE ONLY.
Mayor Suarez: You can't put the rest of the instructions to the Manager in
the same motion? You prefer it in a second mo... is that what you're saying?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK.
Mrs. Dougherty: Roll call.
Mr. Odio: Mr. Mayor, may I...
95 March 24, 1988
Mr. Dawkins: She read it. She read it once.
Mr. Odio: May I ask something? I don't know if it would be a good id... I'd
like to do this, if possible, since we probably would have to develop a fee
that is equitable or whatever you want to call it, balance. I think it would
be good for me if I have to do some work on that is to hear, not from an
assembly, but from leaders of different groups to provide us with information
on what they see as equitable.
Mr. De Turre (OFF MIKE): Well, that's the idea.
Mr. Odic: I don't, you know...
Mayor Suarez: But not today.
Mr. Odic. No, no, no, no. I mean in writing from the Latin Chamber or the
realtors or who ever.
Mr. De Turre: The idea for all of this is for you all to meet.
Mayor Suarez: Exactly.
Mr. Odic: That's what I'd like to do.
Mr. De Yurre: That's what we want.
Mr. Dawkins: Have some workshops, that's all.
Mayor Suarez: That's right.
Mr. Dawkins: At workshops.
Mr. Odic: Tea, I would like to do that.
Mayor Suarez: You want to even schedule them at this point?
Mr. Odic: Tea, yes, sir.
Mr. Dawkins: OK...
Mayor Suarez: Tea, let's take that up a little later.
Mr. Dawkins: Yes, call the roll, please.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE SUSPENDING THE COLLECTION FOR
30 DAYS OF THE CITY'S RIGHTS -OF -WAY CLEANING FEE.
Was introduced by Vice Mayor Kennedy and seconded by Mayor Suarez, for
adoption as an emergency measure and dispensing with the requirement of
reading same on two separate days, which was agreed to by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ASSENT: Commissioner J. L. Plummer, Jr.
Whereupon the Commission on motion of Vice Mayor Kennedy and seconded by
Mayor Suarez, adopted said ordinance by the following vote:
96
March 24, 1988
9
AYES: Commissioner victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10407.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
COMMENTS MADE DURING ROLL CALL:
Mr. Dawkins: Now, what's the second one now?
Mayor Suarez: We have to instruct...
Ms. Hirai: Second roll call.
COMMENTS MADE FOLLOWING ROLL CALL:
Mayor Suarez: Why don't we go ahead and take up the whole issue of what
you're supposed to study and get back to us and also the procedure. And the
Commission, I think, wants to hold workshops, right? And put that into one
motion.
Mr. Dawkins: With the residents.
Mayor Suarez: When would you suggest a workshop?
Mr. Odio: April 12th, if possible.
Mayor Suarez: After 6:00 p.m.?
Mr. Odio: Yes, at night.
Mayor Suarez: April 12th...
Mr. Odio: Here.
Mayor Suarez: ... after 6:00 p.m. I'll entertain that in the form of a
motion...
Mrs. Kennedy: I so move.
Mayor Suarez: ... where the City will hear from residents, property owners
and so on and get back to this Commission with a recommendation, I guess based
on the parameters that we have been discussing and hope that it will pass.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded.
Mr. Odio: Can I be authorized to advertise this in the radios and so forth so
that I don't want anybody to miss the worksh...
Mayor Suarez: Yes, more effectively than the other form of advertising.
Mr. De Yurre: Well, what I'd like to do now that we're talking about that is
the fact we should, aside from meeting our legal requirements, is use a radio
as the medium for which to have public announcements with items of interest
that affect the whole community so that we can make them well aware.
Mayor Suarez: And it shouldn't cost anything, they'll do it as a public
service. Unlike the newspapers, most radio stations will do these as a public
service. I wonder if the newspapers would consider doing these as a public
service in the future? I guess it's the...
97 March 24, 1988
•
9
Mr. Dawkins: And all of us just go around to the talk shows and tell the
reopj: that there is a workshop so that people will know to come out here
and...
Mrs. Kennedy: That's right.
UNIDENTIFIED SPEAKER (OFF MIKE): Including the English speaking radio
stations, not just the Latin radio stations.
Mr. Dawkins: I don't speak Spanish so I can't help them on the Latins. I
have to go to American station.
Mayor Suarez: And as far as I know, there was no one on this Commission that
went to any radio station specifically to deal with this issue unless they
were requested by the radio station. We'd like...
Mr. De Yurre: But let me tell you, Mr. Mayor, because this point came out in
the paper the other day and I take exception to it. I make it a habit to go
on radio because I grew up, my political career grew up in the radio. I've
been on radio since 1979, I enjoy it, it's the best way to reach the people.
I hit the Hispanic radio constantly because there's an open door policy for me
to go there and speak. I go to WEDR radio which is the black radio station
and there's an open door policy for me to go there and speak. When I go to
WIOD and I tell them that I want to go talk about issues that affect the
community, they tell me, well, you just can't come here and talk just because
you want to talk. So there is a situation with those radio stations that
they're not open to issues of political significance and if you have a problem
with that, you call those radio stations and you tell them that you want us to
go and to talk about things that affect the community. But it's a different
situation with the Anglo, the English speaking stations as opposed to the
others so I just want to clear that up right now.
Mayor Suarez: Yes, not every station right away opens its broadcasting to any
issues that come up.
Mr. Dawkins: No, only EDR and - just like I'm as welcome to WQBA and all the
rest as he is EDR.
Mayor Suarez: OK.
Mr. Dawkins: And we go there constantly.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 88-274
A MOTION INSTRUCTING THE ADMINISTRATION TO HOLD A WORKSHOP
IN CONNECTION WITH THE RIGHTS -OF -WAY CLEANING FEE
ORDINANCE; SAID WORKSHOP TO BE HELD IN THE CITY HALL
CHAMBERS, ON APRIL 12TH, AT 6:00 P.M.
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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Mrs. Patricia Dunlop: Mayor, could I - I've come here, may I just say one or
two things in relation to this? Please?
Mr. Dawkins: Yes, ma'am. OK, my brother, how you doing?
98 March 24, 1988
Mayor Suarez: Give us your name. I guess Commissioner Dawkins wants to hear
from you. I'm disposed to say we'll hear from you on April 12th but I think
you've charmed him, go ahead.
Mrs. Dunlop: Well, as well as for me, I'm Patricia Dunlop, but as well as
for me as for all of these other citizens who are interested in this same
thing, may we be on this workshop? Could you please tell us what time April
the 12th and where we will meet?
Mayor Suarez: I thought we said, I'm sorry, right here, I'm sorry, April
at 6:00 p.m. I thought we said all of that. I didn't make it very clear.
Right here at 6:00 o'clock, 6:00 p.m., April 12th,
Right here, well I didn't hear you say it was here.
Mayor Suarez: I didn't make it very clear.
Mrs. Dunlop: Does that mean I can come?
Mayor Suarez:
that's what it's for.
Mrs. Kennedy: We want everybody to come.
Mrs. Dunlop: See, I was told by the news media you were opening
o'clock for citizens could be heard tonight but obviously....
Mr. Dawkins: But we don't have a full Commission, that's the
we're not hearing it.
Mrs. Dunlop: I'd like to ask why you don't have a full Commission.
Mr. Dawkins: Because Commissioner Plummer had to go to a funeral and he
couldn't be here, ma'am. I mean I've made that - let me make the announcement
again. Commissioner Plummer was here and at 6:00 o'clock he had to leave to
attend a funeral and that's why he isn't here.
Mrs. Dunlop: Well, sometime that's very convenient so that when you vote
doesn't really count. Thank you.
Mr. Dawkins: Yes, ma'am, yes, ma'am.
Ruth Gissen: Can I say something?
Mrs. Gissen: I'm Ruth Gissen and this is my husband, Armand Gissen. We're
the owners of Trail Lighting. And the bottom line to this is we pay an
astronomical amount of taxes at Trail Lighting. We've worked hard to have our
business and I want to know a very basic thing, paying such high taxes, why
can't we have street cleaning? It sound to me... I mean, I do expect some
services for my taxes. I'm sorry, you know. So, we also pay other taxes, my
home is high and I love my City of Miami but this one really hurts. I don't
know if you're trying to put the businessmen out of order. There's just so
much you can absorb. We cannot pass it on to our tenants, we do have a couple
tenants. They're just barely making a living so we cannot pass it on. So it
sounds to me that what you're planning, more or less, if you pass it on to the
collectors or somebody else, I think still it will have to be paid by the
businessman. If you tax somebody else for this, I think that they will pass
it on again to the owners of the businesses. So I think it should be...
Mayor Suarez: Well, make that point on April 12th. There are some fees that
when they get imposed end up working their way back to the same people and you
might want...
Mrs. Gissen: That's what I'm saying, I'm afraid that it's only going to be
passed on and come back to us...
Mayor Suarez: Right.
Mrs. Gissen: So I would like you very much to reconsider and just squash this
and to repeal this. It seems most unfair, I mean I've seen fair and unfair;
this seems most unfair. Thank you.
•
0
Mayor Suarez: It's a most descriptive way of putting it, to squash it to
death.
---------------------------------------- --------------------------------------
31. FIRST READING ORDINANCE: ZONING ATLAS AMENDMENT TO REMOVE PEDESTRIAN
STREET DESIGNATION FROM SPI-14 AT APPROXIMATELY $00-899 S.W. 12TH AND
17TH AVENUES.
Mayor Suarez: PZ-3.
Mr. Guillermo Olmedillo: PZ-3, 4, 5, and 6 are companion items. PZ-3 is an
atlas amendment and that is a request to remove the pedestrian designation on
stops of street between 8th and 9th Streets.
Mr. Dawkins (OFF MIKE): Move.
Mrs. Kennedy: Second.
Mayor Suarez (OFF MIKE): Moved, do we have a second?
Mr. Dawkins (OFF MIKE): Yes.
Mayor Suarez (Off and on mike): Any discussion? There was an ordinance, 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, BY REMOVING THE "PEDESTRIAN STREET
DESIGNATION" FROM THE PUBLIC RIGHT-OF-WAY IN THE SPI-
14 ZONING DISTRICT FOR THOSE PORTIONS OF SOUTHWEST
12TH AND SOUTHWEST 17TH AVENUES BETWEEN SOUTHWEST 8TH
AND SOUTHWEST 9TH STREETS; RETAINING SAID DESIGNATION
FOR THAT PORTION OF RIGHT-OF-WAY ON PROPERTIES FOR
HEREIN AFFECTED AREAS FACING SOUTHWEST 8TH STREET; BY
RETAINING THE SPI-14 ZONING DESIGNATION; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NOS. 38 AND 39 OF
SAID ZONING ATLAS.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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.
100
March 24, 1988
FIRST READING ORDINANCE: AMEND CODE CHAPTER 62 (LATIN QUARTER REVIEW
BOARD) - AMENDING DEFINITIONS, ESTABLISHMENT, MEMBERSHIP QUALIFICATIONS,
TERMS OF OFFICE REMOVAL TO MODIFY NUMBER OF ABSENCES, ETC.
Mr. Guillermo Olmedillo:
Mr. Dawkins (OFF MIKE):
Mrs. Kennedy:
Mayor Suarez (Off and on mike): Moved and seconded. Any discussion? Read
the ordinance on PZ-4. Please. Can we have a little quiet, Madam Reporter.
Dr. Luis Sabines, can we have a little quiet? Thank you. Bye. Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 62, ENTITLED "ZONING AND
PLANNING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING ARTICLE VIII ENTITLED "LATIN QUARTER
REVIEW BOARD," SECTIONS 62-76 THROUGH 62-82, BY
CLARIFYING DEFINITION OF CLASS "C" PERMIT; MODIFYING
THE BOARD'S PURPOSE; MODIFYING BOARD ATTENDANCE
REQUIREMENTS; CLARIFYING BOARD FUNCTIONS, POWERS AND
DUTIES; MODIFYING BOARD PROCEDURES; CLARIFYING DUTIES
OF LATIN QUARTER OFFICER; AND MODIFYING APPEAL
PROCEDURES.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
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.
FIRST READING ORDINANCE: AMEND CODE CHAPTER 2 (ADMINISTRATION) - INCLUDE
THE TITLE: LATIN QUARTER DISTRICT DESIGN GUIDELINES AND STANDARDS,
ATTACHED AS EXHIBIT E.
Mr. Guillermo Olmedillo: PZ-5 is a proposed amendment to the Code to...
Dawkins (OFF MIKE):
Mrs. Kennedy:
Mr. Dawkins (OFF MIKE): Recommended by the... move it.
Mr. Olmedillo: Recommended by the Planning Department, you.
Mayor Suarez (Off and on mike): Moved and seconded. Any discussion? Is
there anyone from the general public that wishes to be heard on items PZ-3,
PZ-4, or PZ-S? Let the record reflect that no one stepped forward. Read the
ordinance, if it's...
AN ORDINANCE ENTITLED -
AN np7)'1k1"a10E AMENDING THE CODE OF THE CITY OF M I AM I ,
FLORIDA, BY AMENDING CHAPTER 2, DIVISION 8, SECTION 2-
135, PARAGRAPH 6, TO INCORPORATE THE "LATIN QUARTER
DISTRICT DESIGN GUIDELINES AND STANDARDS" BY
REFERENCE; BY RATIFYING URBAN PLAZAS AND THE LATIN
QUARTER DISTRICT AS AREAS SUBJECT TO REVIEW UNDER SAID
GUIDELINES AND STANDARDS; AND UPDATING DEPARTMENTAL
NAMES.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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.
------------------------------------------------------------------------------
34. FIRST READING ORDINANCE: ZONING TEXT AMENDMENT OF ARTICLE 15 (SPECIAL
PUBLIC INTEREST DISTRICTS) - LATIN QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS SPECIAL PERMITS, SPECIAL CONSIDERATIONS ON
PEDESTRIAN STREET FRONTAGES.
------------------------------------------------------------------------------
Mr. Guillermo Olmedillo: PZ-6 is an amendment to the ordinance which
proposes...
Mr. Dawkins (OFF MIKE): Does it have the administration approval?
Mr. Olmedillo: Yes, sir.
Mr. Dawkins (OFF MIKE): Move it.
Mayor Suarez (Off and on mike): Moved. Do we have a second? Do we have a
second? Do we have a Commission?
Mrs. Kennedy (OFF MIKE): Second.
Mayor Suarez: Thank you, Madam Vice Mayor. Read the ordinance. Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 15, SECTION 15140, ENTITLED "SPI-14, 14.1,
14.2; LATIN QUARTER COMMERCIAL -RESIDENTIAL AND
RESIDENTIAL DISTRICTS' AND RELATED SECTIONS 15141 -
15145 BY EXPANDING THE NUMBER OF USES ALLOWED IN
COMMERCIAL -RESIDENTIAL AND SUBMISSION AND REVIEW
PROCESS; CLARIFYING "PEDESTRIAN STREETS"; ALLOWING
BARS, SALOONS, AND TAVERNS AS ACCESSORY USES;
EXPANDING OUTDOOR USES; INCREASING THE NUMBER OF
INCENTIVES FOR DEVELOPMENT; AND AMENDING THE LANGUAGE
FOR PEDESTRIAN OPEN SPACE AND SIGN REQUIREMENTS.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
102 March 24, 1988
e
ATES: Comissioner Victor De Turre
Commissioner Miller J. Dawkins
Vice Mayo, Roseclu Nennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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.
------------------------------------------------------------------------------
35. FIRST READING ORDINANCE: AMEND CITY CODE ARTICLE II (COMPREHENSIVE
PLANNING) - PURPOSE AND INTENT, ESTABLISHMENT OF ADVISORY AND POLICY
BOARDS, ADMINISTRATION, EFFECT AND PREPARATION OF COMPREHENSIVE
ADMINISTRATION, EFFECT AND PREPARATION OF COMPREHENSIVE PLAN, TYPES OF
PLAN AMENDMENTS, APPLICATIONS FOR PLAN AMENDMENT, PROCEDURES AND
RECOMMENDATIONS BY THE PLANNING DEPARTMENT AND PLANNING ADVISORY BOARD,
ETC.
------------------------------------------------------------------------------
Mayor Suarez: PZ-7.
Mr. Joe McManus: Mr. Mayor, members of the Commission, PZ-7 is a major
amendment to chapter 62 of the City Code relating to planning and zoning. And
what this does, it corresponds, our City Code, to the state legislature
requirement...
Mr. Dawkins: Is it approved by the administration?
Mr. McManus: Yes, air.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second, this means that only twice a year...
Mayor Suarez: Moved, recommended by the Planning Department, initiated by the
Planning Department.
Mrs. Kennedy: Excuse me, this means that only twice a year we'll deal with
plan amendments, correct?
Mr. McManus: Once we have passed the point at which we have a new adopted
comprehensive plan which meets the new state mandates and we visualize that
point as probably about November or December of this year.
Mayor Suarez: Call the roll. I'm sorry, you satisfied?
Mr. Dawkins: You satisfied, ma'am?
Mrs. Kennedy: Yes.
Mayor Suarez: Call the roll on PZ-7. Read the ordinance. Call the roll.
103 !larch 24, 1988
AN ORDINANCE ENTITLED-
h;. ORDINANCE AMENDING THE CITY CODE, CHAPTER 62,
ZONING AND PLANNING, ARTICLE II, COMPREHENSIVE
PLANNING, SECTIONS, 62-18 THROUGH 62-23 AND SECTIONS
62-55 PERTAINING TO: PURPOSE AND INTENT, ESTABLISHMENT
OF ADVISORY AND POLICY BOARDS GENERALLY,
ADMINISTRATION GENERALLY, EFFECT OF PREVIOUSLY ADOPTED
COMPREHENSIVE PLANS, PREPARATION OF THE COMPREHENSIVE
PLAN, TYPES OF PLAN AMENDMENTS, APPLICATIONS FOR PLAN
AMENDMENT, PROCEDURES FOR REVIEW AND RECOMMENDATION OF
THE COMPREHENSIVE PLAN AND PLAN AMENDMENTS BY THE
PLANNING DEPARTMENT AND PLANNING ADVISORY BOARD,
PROCEDURES FOR REVIEW AND ADOPTION OF THE
COMPREHENSIVE PLAN AND PLAN AMENDMENTS BY THE CITY
COMMISSION; PROVIDING FOR LIMITATIONS, EXCEPTIONS,
EXEMPTIONS, EMERGENCIES AND REFERRAL TO THE DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR PERIODIC REVIEW OF
THE ADOPTED COMPREHENSIVE PLAN AND ADOPTION OF AN
EVALUATION AND APPRAISAL REPORT; PROVIDING FOR LEGAL
STATUS AND APPLICABILITY OF THE PLAN AFTER ADOPTION
AND PROVIDING FOR APPROPRIATIONS, FEES AND OTHER
EXPENSES; PROVIDING FOR ADDITIONAL LEGAL NOTICE AND
OTHER PROCEDURAL REQUIREMENTS.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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.
36. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -
CHANGE LAND USE DESIGNATION AT 2575 S.W. 28TH STREET (APPLICANTS: RAMON
& CAYETANA FERNANDEZ).
Mayor Suarez (OFF MIKE): PZ-8.
Mr. Guillermo Olmedillo: PZ-8 and 9 are companion items. PZ-8 is a comp
plan amendment. PZ-9 is a zoning change from RS-2/2 to RO-1/4.
Mayor Suarez: Is it a second reading, was voted on unanimously in the first
reading?
Mr. Olmedillo: Yes, sir, yes, sir.
Mayor Suarez: Is there anyone that wishes to be heard against the application
of PZ-8?
Mrs. Kennedy (OFF MIKE): Move it.
Mr. Dawkins: Second.
Mayor Suarez: Let the record reflect no one stepped forward. Read the
ordinance. Been moved and seconded. Call the roll.
104 March 24, 1988
AN ORDINANCR ENTITLED -
AN M*"T"AVr 1r •rahrntfA10% TNF MTAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1965); FOR
PROPERTY LOCATED AT APPROXIMATELY 2575 S.W. 28TH
STREET (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING THE DESIGNATION OF THE SUBJECT PROPERTY FROM
LOW DENSITY RESIDENTIAL TO RESIDENTIAL OFFICE; MAKING
FINDINGS; AND CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 25, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Kennedy, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10408.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
37. SECOND READING ORDINANCE: ZONING ATLAS AMENDMENT - 2575 S.W. 28TH STREET
(APPLICANTS: RAMON & CAYETANA FERNANDEZ).
Mayor Suarez: PZ-9, companion item. I'll entertain a motion on that.
Mrs. Kennedy: Second.
Mr. Dawkins: Move it.
Mayor Suarez: Moved and seconded.
Mrs. Kennedy: I'm sorry...
Mr. Dawkins: No problem. No problem.
Mayor Suarez: Read the ordinance. You guys trying to confuse me.
Mr. Dawkins: Now comes the problem when it comes in. Now I have a
problem.
Mayor Suarez: Call the roll.
105 March 24, 1988
AN ORDINANCE ENTITLED-
!J• ORr.`'.ANCE AKE?'DING "19 Z^":NC .'.TLAS OF CRDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2575 SOUTHWEST 28TH STREET, MIAMI,
FLORIDA, MINUS THE EASTERLY ONE FOOT OF SUBJECT SITE,
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-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 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 February 25, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, 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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10409.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
38. SECOND READING ORDINANCE: AMEND MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN -
CHANGE LAND USE DESIGNATION AT 3629-3631 N.W. 24TH AVENUE (APPLICANT:
NATALIO ASCAR).
Mr. Guillermo Olmedillo: PZ-10 and 11 are companion items again. Ten is a
plan amendment, eleven is a zoning change. It is a second reading. It was
approved by you by the Planning Advisory Board and the Zoning Board. We
recommended denial.
Mayor Suarez: This is second reading, it was approved unanimously on first
reading.
Mr. Dawkins: Move it.
Mayor Suarez: Anyone wish to be heard against the application of PZ-10? Let
the record reflect that no one has stepped forward. We have a motion and a
second. Read the ordinance.
Mr. Olmedillo: If I may.
Mayor Suarez: Yes, Guillermo.
Mr. Olmedillo: There's a covenant on record.
Mayor Suarez: Oh, very important, all right.
Mr. Olmedillo: There's a covenant on record.
Mr. Dawkins: The covenant...
Mayor Suarez: You submitted a covenant?
106 March 24, 1988
Mark Valentine, Esq.: It's been approved by the City Attorney's office and by
the department.
Mr. Dawkins: That's right.
Mr. Valentine: And executed by my client.
Mr. Dawkins: That's right.
Mayor Suarez: Read the ordinance.
Mr. Dawkins: Yes.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDA (SEPTEMBER 1985); FOR
PROPERTY LOCATED AT APPROXIMATELY 3629-3631 NORTHWEST
24TH AVENUE (MORE PARTICULARLY DESCRIBED HEREIN) BY
CHANGING DESIGNATION OF THE SUBJECT PROPERTY FROM
MODERATE DENSITY RESIDENTIAL TO LIBERAL COMMERCIAL;
MAKING FINDINGS; AND CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of February 25, 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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10410.
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.
39. SECOND READING ORDINANCE: AMEND ZONING ATLAS AT 2395 N.W. 36TH STREET
AND 3629-3631 N.W. 24TH AVENUE (APPLICANTS: RENE VELAZQUEZ AND NATALIO
ASCAR) .
------------------------------------------------------------------------------
Mayor Suarez: Companion item.
Mr. Dawkins: Move it.
Mayor Suarez: PZ-11.
Mr. Rodriguez: Eleven.
Mr. Dawkins: Does that have a...
Mayor Suarez: I'm sorry, it's not a companion item. PZ-11.
Mr. Dawkins: Yes, it is.
Mayor Suarez: It is a companion item. OK, I'm sorry. Do we have a motion on
PZ-11?
Mr. Dawkins (OFF MIKE): Move it.
107 March 24, 1988
Mayor Suarez: Moved. Do we have a second?
Mr. Dawkins: Does it have a covenant off it also? Eleven?
Mrs. Dougherty: It's the same covenant.
Mr. Olmedillo: Yes, the covenant applies to eleven and that's...
Mayor Suarez: It goes with ten.
Mr. Dawkins: OK.
Mr. De Yurre: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any discussion? Does anyone wish to be
heard against the application of PZ-11? Let the record reflect that no one
has stepped forward. Read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2395 NORTHWEST 36TH STREET AND 3629-3631
NORTHWEST 24TH AVENUE, MIAMI, FLORIDA, (MORE
PARTICULARLY DESCRIBED HEREIN) FROM RG-2/4 GENERAL
RESIDENTIAL FOR LOTS 18, 19 AND 20 AND CG-1/7 GENERAL
COMMERCIAL FOR LOTS 16 AND 17 TO CG-2/7 GENERAL
COMMERCIAL BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 19 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 February 25, 1988, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, 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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10411.
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.
108 March 24, 1988
0 0
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40. CONTINUE TO JUNE 23, 1988 PROPOSED AMEN1vmr'NT 'rn RAve"nr cogCllkr.TY CENTER
MAJOR USE SPECIAL PERMIT (SEE LABEL 24).
------------------------------------------------------------------------------
Mr. Sergio Rodriguez: Mr. Mayor, on PZ-14, can we clarify that instead of 90
days, it will be continued to June 23, 1988 so we don't have to readvertise?
Mayor Suarez: Do we need a motion for that? I'll entertain a motion
clarifying that PZ-14 has been continued until...
Mr. Rodriguez: June 23, 1988, the second meeting of June.
Mayor Suarez: June 23, 1988. Do we have a motion to clarify that PZ-14 has
been continued until June 23rd?
Mr. De Yurre (OFF MIKE): Move.
Mayor Suarez: Moved. Madam Vice Mayor, do you second the clarification on
the timing for PZ-147
Mrs. Kennedy: Yes, second.
Mayor Suarez: Seconded. Any discussion? Call the roll on that.
ON MOTION DULY MADE BY COMMISSIONER DE YURRE AND SECONDED BY VICE
MAYOR KENNEDY, PZ-14 WAS CONTINUED UNTIL JUNE 23, 1988 BY THE
FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Suarez: Why are you doing that ahead of 12 and 13? Because we did
those already? We continued those.
Mr. Rodriguez: That was continued as requested.
Mayor Suarez: I'm sorry, you got it, you got me.
------------------------------------------------------------------------------
41. FIRST READING ORDINANCE: AMEND ZONING ATLAS, ARTICLE 36 (DEFINITIONS) -
PROVIDE DEFINITIONS FOR HELIPADS AND HELIPORTS - AMEND SCHEDULE OF
DISTRICT REGULATIONS, ETC.
Mayor Suarez: PZ-15.
Mr. Guillermo Olmedillo: PZ-15 is a proposed amendment to zoning ordinance
9500 in order to define helipads and heliports and place them in the
appropriate districts.
Mrs. Kennedy: Is this the same thing we saw in October?
Mr. Olmedillo: We saw it all the way to April of last year.
Mrs. Kennedy: Way back? Or, yes... move it.
Mayor Suarez: Moved. Now, is this going to allow us to do something about
the - is this going to affect, in any way, the helicopter lease on Watson
Island?
109 March 24, 1988
Mr. Olmedillo: The thing right now is that we don't have a definition in the
books for a heliport and a helipad.
Mayor Suarez: My question again, Guillermo, then is, if that's the case, if
that's what the ordinance does, does it help us to move the consideration of
what we should be doing on Watson Island with that helicopter lease that is
now month to month and which has prevented other people from bidding and
themselves having the helicopter lease out there?
Mr. Olmedillo: I don't think it's going to affect either way, sir. If we
have it, or if we don't.
Mayor Suarez: Does it speed up that process hopefully? I'm asking the
Manager for a status report on that because, you know, just to have somebody
on a month to month like that with terms that are not particularly favorable
to the City doesn't make any sense to me. OK.
Mr. Rodriguez: We'll look into that.
Mayor Suarez: PZ-15. We have a first, do we have a motion? And do we have a
second? We need a second.
Mrs. Kennedy (OFF MIKE): Yes, I moved it.
Ms. Hirai: Moved it, she moved it.
Mayor Suarez: We need a second on PZ-15.
Mr. Dawkins: What is it doing? What's it supposed to do?
Mr. Olmedillo: It provides a definition for heliports and helipads and it
also organizes their use. What happens right now is that you have more
restrictive use accepting a landing place for a helicopter and even a
heliport, which provides services to a helicopter, and...
Mr. Dawkins: Does this make it easier for the county to come in with whatever
they've been trying to get over there?
Mr. Olmedillo: No, sir, I believe it doesn't because...
Mr. Dawkins: Does it make it more restrictive?
Mr. Olmedillo: It is more restrictive in a sense because heliports are
allowed in certain places of the City and a heliport includes putting the
helicopter overnight or fueling the helicopter and doing other things. The
helipad, which is what we're now trying to accept only in those places, it's
only a touch down place and you cannot store it, you cannot work on it, you
cannot refuel it so...
Mr. Dawkins: Does this allow, in the future, for helicopters to land on
building tops?
Mr. Olmedillo: Yes, in the areas that today you can do it.
Mr. Dawkins: Then I can't vote for it, I can't vote for it.
Mr. Rodriguez: You can do it now, you can do it now in certain buildings but
that requires to go through a hearing, a special exception. Actually, you're
going to have a case coming to the Zoning Board soon...
Mr. Dawkins: But we have the right that this Commission can deny it.
Mr. Rodriguez: If it is appealed and you can always appeal if it is brought
to you.
Mr. Dawkins: OK, but this does not give them the right to do that.
Mr. Olmedillo: Not beyond what we have today.
we have today on the books.
Mr. Dawkins: This is more restrictive.
This is more restrictive than
110 March 24, 1988
Mr. Olmedillo: Teo, sir.
Mr. Dawkins: OK, all right, than I'll vote for it. Was it moved?
Mayor Suarez: Yes, we have a motion and a second. Any further discussion?
Anyone wish to be heard on PZ-16? Let the record reflect no one stepped
forward. Read the ordinance.
Mr. Olmedillo: That was 15, sir.
Mayor Suarez: Fifteen?
Ms. Hirai: Fifteen.
Mayor Suarez: I'm sorry, read the ordinance. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 36
DEFINITIONS, SECTION 3602 SPECIFIC, BY PROVIDING
DEFINITIONS FOR HELIPADS AND HELIPORTS AND BY AMENDING
THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 3 OF 6,
USES AND STRUCTURES, PRINCIPAL USES AND STRUCTURES,
RO-1 RESIDENTIAL OFFICE BY DELETING HELISTOPS AND
HELIPORTS AS BEING PERMISSIBLE BY SPECIAL EXCEPTION
AND INSERTING HELIPADS AS PERMISSIBLE BY SPECIAL
EXCEPTION UNDER ACCESSORY USES AND STRUCTURES; BY
AMENDING 0-I OFFICE INSTITUTIONAL BY DELETING
HELISTOPS AND HELIPORTS AS BEING PERMISSIBLE BY
SPECIAL EXCEPTION AND INSERTING HELIPADS IN LIEU
THEREOF; BY AMENDING PAGE 4 OF 6, USES AND STRUCTURES,
PRINCIPAL USES AND STRUCTURES, CR-1 COMMERCIAL
RESIDENTIAL (NEIGHBORHOOD) BY DELETING HELISTOPS AND
HELIPORTS AS BEING PERMISSIBLE BY SPECIAL EXCEPTION
AND INSERTING HELIPADS AS PERMISSIBLE BY SPECIAL
EXCEPTION UNDER ACCESSORY USES AND STRUCTURES; BY
AMENDING PAGE 6 OF 6, USES AND STRUCTURES, PRINCIPAL
USES AND STRUCTURES, WF-I WATERFRONT INDUSTRIAL, BY
DELETING HELISTOPS AND SUBSTITUTING IN LIEU THEREOF
HELIPADS AS PERMISSIBLE BY CLASS C SPECIAL PERMIT; AND
BY AMENDING WF-R WATERFRONT RECREATIONAL BY DELETING
HELISTOPS AND SUBSTITUTING IN LIEU THEREOF HELIPADS AS
PERMITTED GENERALLY; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy 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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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.
III March 24, 1988
S
-------- - ------ -----------------------------------------------------------
42. FIRST READING ORDINANCE: AMENDMENT "U" - AMEND ORD. 9500, ARTICLE 20
(GENERAL AND SUPPLEMENTARY REGULATIONS) - ACCESSORY USES AND STRUCTURES,
PERMANENT ACTIVE RECREATION FACILITIES AS ACCESSORY USES IN RESIDENTIAL
DISTRICTS, SPECIAL PERMITS, ETC.
Mayor Suarez: PZ-16.
Mr. Joe McManus: Mr. Mayor, members of the Commission. This amendment...
Mr. Dawkins: Vas this approved by the administration?
Mr. McManus: Tea, sir.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. What is the basic thrust of it, Joe?
Mr. McManus: First of all, it provides definition...
Mayor Suarez: Does it help simplify the ordinance?
Mr. McManus: It provides a definition for a lot that's identical with the
subdivision regulations definition of a lot. It straightens out ambiguities
we have in private recreational space and it corrects a typographical error.
Mayor Suarez: And someday we'll straighten out the entire ambiguity of the
code, right?
Mr. Dawkins: Of 9500.
Mrs. Dougherty (OFF MIKE): This - look at this.
Mrs. Kennedy: 9500, yes.
Mr. Rodriguez: We're working on that very closely.
Mr. Dawkins: How much did we pay the guy to write 9500?
Mr. Rodriguez: I understand there was a four hundred thousand dollars.
Mr. Dawkins: Four hundred thousand dollars to write this and every
Commission, every zoning meeting we amend it, you know? If we had that
$400,000, I wouldn't had to come up with a users fee for the garbage - I mean,
the trash cleaning.
UNIDENTIFIED SPEAKER (OFF MIKE): Impact fees.
Mayor Suarez: Call the roll before we go too much further into this
philosophical argument.
112 March 24, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING
ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS,
SECTION 2003 ACCESSORY USES AND STRUCTURES, SUBSECTION
2003.6 PERMANENT ACTIVE RECREATION FACILITIES AS
ACCESSORY USES IN RESIDENTIAL DISTRICTS; SPECIAL
PERMITS, BY RESTATING THE SUBSECTION TO REQUIRE A
CLASS C SPECIAL PERMIT FOR RS-1, RS-2 AND RG-1
DISTRICTS AND SPECIAL EXCEPTION APPROVAL FOR THE RG-2
AND OTHER DISTRICTS, IF ACTIVE RECREATION FACILITIES
ARE LOCATED ADJACENT TO STREETS AND/OR WHERE THEY
EXCEED 20 PERCENT OF NET, NOT GROSS, LOT AREA; BY
AMENDING SECTION 2005 GENERAL TERMS DEFINED; RELATED
LIMITATIONS, SUBSECTION 2005.1 LOT, DEFINED,
PROHIBITION AGAINST DIVISIONS CREATING SUBSTANDARD
LOTS, BY DELETING THE EXISTING DEFINITION AND
INSERTING IN LIEU THEREOF A LOT DEFINITION IDENTICAL
WITH CHAPTER 54.5-1 SUBDIVISION REGULATIONS OF THE
CITY CODE, AND REFERENCING THAT CHAPTER; BY AMENDING
THE SCHEDULE OF DISTRICT REGULATIONS PAGE 1 OF 6, USES
AND STRUCTURES, ACCESSORY USES AND STRUCTURES, RS-1;
RS-2 ONE FAMILY DETACHED RESIDENTIAL, UNDER
PERMISSIBLE ONLY BY SPECIAL PERMIT, PARAGRAPH 2, BY
DELETING (A) WHICH HAD REQUIRED A CLASS C SPECIAL
PERMIT FOR ACTIVE RECREATION FACILITIES EVEN IF NOT
LOCATED ADJACENT TO STREETS OR EVEN IF LESS THAN 20
PERCENT OF GROSS LOT AREA, BY RENUMBERING
PARENTHESIS, AND BY SUBSTITUTING A CLASS C SPECIAL
PERMIT RATHER THAN A SPECIAL EXCEPTION FOR ACTIVE
RECREATION FACILITIES ADJACENT TO STREETS AND GREATER
THAN 20 PERCENT OF NET, NOT GROSS LOT AREA; AND BY
AMENDING THE SCHEDULE OF DISTRICT REGULATIONS PAGE 3
OF 6, USES AND STRUCTURES, ACCESSORY USES AND
STRUCTURES, FOR BOTH RO-3, RO-4 RESIDENTIAL -OFFICE AND
0-1 OFFICE -INSTITUTIONAL UNDER USES PERMITTED
GENERALLY OR PERMISSIBLE BY SPECIAL PERMIT, PARAGRAPH
1, TO CHANGE AN ERRONEOUS REFERENCE FROM "SECTION
20203.70 TO "SECTION 2003.7."; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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.
113 March 24, 1988
L'
43. CONTINUE TO APRIL 28, 1988, PROPOSED FIRST READING ORDINANCE TO AMEND
ORD. 9500, ARTICLE 36 (DEFINITIONS) - PROVIDE DEFINITION FOR AUTOMOBILE
WRECKING YARD, ETC.
Mayor Suarez: PZ-17.
Mr. Guillermo Olmedillo: PZ-17 is another proposed amendment to 9500.
Commissioner Dawkins, excuse me, requested from the Planning Department to
analyze the possibility of bringing wrecking yards into the City. The history
is that the wrecking yards have been prohibited in the City since the
constitution of the City. The Planning Department has prepared this
legislation for your consideration with certain limitations. The Planning
Advisory Board recommended denial and the Planning Department is recommending
denial.
Mr. Dawkins: Then, if it's denied, what are you going to do to close up all
of these quote illegal unquote automobile wrecking yards located within the
City of Miami?
Mr. Sergio Rodriguez: If we have any illegal operations, we will send the
code enforcement inspectors and they will be given a citation and we take code
enforcement action.
Mr. Dawkins: Have you been on 20th Street between 12th and loth Avenue? It's
three.
Mr. Rodriguez: Well, we'll send inspectors over there and...
Mr. Dawkins: Well, what have the inspectors been doing that they haven't
found them and I found them?
Mr. Rodriguez: I couldn't answer because I don't know but I will follow up on
that and if you give me the names or the addresses I will follow...
Mr. Dawkins: All right, I move that this be continued until you come back and
tell me how many out there and what you're going to do to close them because
if you're not going to close them, then this gentleman right here whom I'm
talking about, must be allowed to operate. You're either going to let
everybody operate or nobody.
Mr. Olmedillo: Very good.
Mayor Suarez: So moved.
Mrs. Kennedy: Second. How many acres do you need for this, just...
Mayor Suarez: There is discussion.
Mr. Rodriguez (OFF MIKE): Beg your pardon?
Mrs. Kennedy (OFF MIKE): How many acres do you need?
Mr. Rodriguez: On this? Oh, minimum requirement for the...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mrs. Kennedy: OK, we'll discuss it at the other time.
Mayor Suarez: Call the roll on the motion.
Mr. Dawkins: It's about six of them out there, Commissioner Kennedy and
nobody's bothering with them and here's another guy comes along and takes a
spot and spends $90,000 to clean it up and put a wall around his place to
shield the sight from the neighborhood and now everybody wants to close him up
and the other guys with the unsightly one, nobody's touching them. And then
they tell me they don't see them. They don't know they're there. I'll find
the addresses that see that you find them.
114 March 24, 1988
Mr. Rodriguez: You went to continue this till April 28th?
Mr. Dawkins: Yes, plaase, thank you.
Mayor Suarez: Or the year 2000, whichever comes later. Call the roll.
ON MOTION DULY MADE BY COMMISSIONER DAWKINS AND SECONDED BY
COMMISSIONER KENNEDY, THE ABOVE MATTER WAS CONTINUED TO THE
COMMISSION MEETING OF APRIL 28, 1988, BY THE FOLLOWING VOTE:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
44. FIRST READING ORDINANCE: AMENDMENT "S-2" - AMEND ORD. 9500 (OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS IN "PRINCIPAL USES AND STRUCTURES",
"RG-1 GENERAL RESIDENTIAL (ONE- AND TWO-FAMILY" - LIMIT NUMBER OF
DWELLING UNITS TO TWO, ETC.
Mayor Suarez: PZ-18, yes PZ-18.
Mr. Guillermo Olmedillo: PZ-18 is proposed amendment to zoning ordinance
9500...
Mr. Dawkins: Does it have the administration approval?
Mayor Suarez: Recommended by planning?
Mr. Olmedillo: Yes, sir and by Planning Advisory Board also.
Mr. Dawkins: Move it.
Mayor Suarez: Moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded.
Mrs. Kennedy: This allows a third house on a duplex zone, right?
Mr. Olmedillo: Yes, through a special exception.
Mr. Dawkins (OFF MIKE): Oh, we going to be out of here at 8:30.
Mayor Suarez: Read the ordinance.
Mr. Dawkins (OFF MIKE): We'll be home at 8:30.
Mrs. Dougherty: Is there a motion and a second...
Mayor Suarez: Call the roll.
11S !larch 24, 1988
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING PAGE 1 OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS IN "PRINCIPAL USES AND STRUCTURES," "GS-1
GENERAL RESIDENTIAL (ONE -AND TWO-FAMILY)" SPECIFICALLY
BY RESTATING PARAGRAPH 3 UNDER THE HEADING OF DWELLING
UNITS TO TWO; BY ADDING NEW PARAGRAPH 2 UNDER THE
HEADING ENTITLED "PERMISSIBLE ONLY BY SPECIAL PERMIT"
TO PROVIDE FOR A SPECIAL EXCEPTION FOR THREE OR MORE
DWELLING UNITS; AND BY AMENDING "MINIMUM LOT
REQUIREMENTS," "RG-1. GENERAL RESIDENTIAL (ONE -AND
TWO-FAMILY)" BY DELETING THE EXCEPTION WHICH PROVIDES
THAT SEMIDETACHED STRUCTURES MAY BE ON MINIMUM LOT
WIDTHS OF 25 FEET FOR EACH UNIT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by Commissioner
Kennedy and passed on its first reading by title by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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.
------------------------------------------------------------ ------------------
45. A) APPROVE PRELIMINARY RECOMMENDATIONS IN COMPREHENSIVE TRAFFIC STUDY OF
COCONUT GROVE (CONSULTANTS: TRANSPORT ANALYSIS PROFESSIONALS, INC.),
WITH CERTAIN EXCEPTIONS.
B) DIRECT ADMINISTRATION TO HOLD PUBLIC HEARING ON PROPOSED CLOSURE OF
STREETS IN CONNECTION WITH COCONUT GROVE TRAFFIC STUDY.
Mayor Suarez: PZ-19, I can't believe it. Is that why we have so many people
still left here, for PZ-19? That makes sense, we put the item that had the
greatest community interest last. OK.
Mr. Rodriguez: You asked us to have it after hours.
Mayor Suarez: You what?
Mr. Olmedillo: I think the direction was up from you to put it at 7:00
o'clock.
Mayor Suarez: Really? To put it on the late side so we'd schedule it...
Mr. Rodriguez: To allow people to come here.
Mayor Suarez: Oh, yes, we scheduled it for 7:00 and we got it at 7:59, that's
not too bad. Clark.
Mr. Clark Turner: Mr. Mayor, Commissioners, I'm Clark Turner, the
transportation planner for the City Planning Department. At your meeting of
February 25th, you were presented with the consultant's recommendations on the
Coconut Grove comprehensive traffic study. You have now in your package a
resolution that approves in principle the recommendations of that study with
some exceptions. The first exception is the widening of South Bayshore Drive
with an additional southbound lane in the vicinity of S.W. 17th Avenue. The
second exception is the closing of the intersection of Grand Avenue with Main
Highway and MacFarlane Road. The third exception, which you covered in your
resolution, passed at the February 25th meeting, had to do with the extension
116 March 24, 1988
6 6
of MacDonald Street from Main Highway to Grand Avenue and finally another
exception was the recommendations dealing with traffic intrusion in the
residential neignbuA::ood just east of S.W. 27th Avenue. On that you wished to
hold a public hearing tonight on the subject of proposed traffic regulations
in that neighborhood and so that's what the subject is now.
Mayor Suarez: Who else do we hear from on this?
Mr. Sergio Rodriguez: If you want again a presentation from the consultant,
but I think you went through that already unless you have specific questions,
you have four exceptions in the resolution. If you want to endorse the
transportation study and you follow the recommendation that we have, you have
those four exceptions and you can include more exceptions in accepting the
recommendation. The other issue that you have is whether you want to follow
with some request from some of the residents from the area to do other things
that are mentioned in this, such as closing certain streets, not improving
sidewalks in the area or improving them. I mean, you have a series of
recommendations from the transportation planners on this. If you want to, we
can address the issue and then you can try to direct your attention to that
particular issue or just hear from the people that have testimony on this for
or against a particular item.
Mayor Suarez: I guess that's about as simple a way as I can envision. I
still don't know what, if any controversy we have here, that's what I...
Mr. Turner: Well, Mr. Mayor, the consultant's recommendations dealing with
the question of traffic intrusion in the particular residential neighborhood
just east of 27th Avenue. Consultant's recommendations were to use a series
of traffic control measures beginning, perhaps, with alternate street stop
signs, progressing to more enforcement measures, leading up to, ultimately, if
necessary, a consideration of closing some of the streets that enter and exit
into that neighborhood. Apparently, it was the feeling of the residents there
hat they wanted to consider the question of closures right from the top.
Hayor Suarez: Go a little farther than the recommendations.
Ir. Turner: And so that was at variance with the consultant's recommendation
and that's why the question was continued on to this meeting.
Mayor Suarez: OK, I guess we'll hear from any interested parties. Counselor.
Bob Fitzsimmons, Esq.: My name is Bob Fitzsimmons, I live at 2512 Abaco
Avenue and I'm here on behalf of the residents that live east of 27th Avenue
in this traffic intrusion neighborhood. We've been here before asking the
Commission to close the streets which border on Aviation Avenue on the eastern
side. At the last meeting, it was our understanding that it should be set for
public hearing at this meeting. Apparently, there was some misunderstanding.
I spoke with Mr. Rodriguez, that was not his understanding. I'm asking
whether or not that would be the next step at this time. We have a
significant amount of residents that want that done.
Mayor Suarez: As you answer that, if we made this the public hearing and
actually carried it out, does that means that we'll be in a position to go
ahead and - I'm not sure it's a good idea to do it for other reasons,
including the fact that we don't have a full Commission, but...
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Are we in that posture?
Mr. Rodriguez: I think what you have tonight is make a decision whether
you're interested in closing those streets and then set up a public hearing by
which you will decide on the street closure, specifically that you have in
mind.
Mayor Suarez: OK, we have to know which ones specific. Which ones are you
proposing, Bob? This is not your first street closure.
Mr. Fitzsimmons: No, it's not.
Mayor Suarez: You're learning how to do this, I think. No, no, just so that
we know which ones so that it can be announced for a public hearing.
117 March 24, 1986
i
Mr. Fitzsimmons: On the overhead you can see we've marked Andros. Abscao is
+--,.,^racily closed now. The a=-t one is Inagua, Swanson, Trapp and Lincoln.
Mayor Suarez: Let me just ask one other clarifying question, as to both of
these that he just mentioned does not contradict the study, it just goes the
next step further, right?
Mr. Rodriguez: Goes beyond, right.
Mr. Fitzsimmons: Yes, sir. The study came back and said they wanted to try
stop signs first and the residents don't want to try stop signs first.
Mayor Suarez: I'd be disposed to set for public hearing the closing of either
one of those two.
Mrs. Kennedy (OFF MIKE): So what are the streets you're talking about?
Mayor Suarez: You said two so far, I thought.
Mr. Fitzsimmons: No, I'm sorry, I meant there are 1, 2, 3, 4, S, I think,
Andros, coming from the top to the bottom, Andros, Abaco, Inagua, Swanson,
Trapp, and Lincoln. They all border on Aviation except for Abaco which is at
the end of the SPI-12 district and then Andros, which actually borders onto
27th Avenue.
Mayor Suarez: We're not going to create some incredible traffic problem here,
Clark? I mean just superficially, without getting into the merits, I mean,
we're ....
Mr. Turner: No, essentially, we do not perceive that or measure a significant
traffic intrusion problem. The people who live in the neighborhood feel
differently.
Mayor Suarez: Well, but I...
Mr. Turner: We do not think that the effects of closing them would be
dramatic in any direction.
Mayor Suarez: Anything else, Bob?
Mr. Fitzsimmons: No, sir, I just asked the Commission to set it for public
hearing so we can get it done.
Mayor Suarez: Does it make sense to take these one at a time? In the form of
a motion to have...
Mr. Rodriguez: If you have a motion what you might want to do is set up a
public hearing to closing of the streets and mention the streets that you have
and we'll work out the details on how to go about it. Set a date and we'll do
it that way.
Mayor Suarez: I guess I'm trying to anticipate what some of the other
comments are going to be. Are these in the same nature as...
UNIDENTIFIED SPEAKER: Yes, I just wanted to say we have petitions from an
overwhelming majority of the residents in the neighborhood that want the
streets closed.
Mayor Suarez: To outlaw Bob Fitzsimmons or to do what?
UNIDENTIFIED SPEAKER: To what?
Mayor Suarez: To do what?
UNIDENTIFIED SPEAKER: No, we're all for it.
Mayor Suarez: To declare him persona non grata, OK.
Mr. Joseph T. Calley: Joseph T. Calley, 2965 Aviation Avenue. I'd like to
add to that the closing of Inagua at 27th Avenue.
118 March 24, 1988
•
Mayor Suarez: How about that one? Same basic comment from the City that...
mr WWI I the ria"pr-9-ment of p„Flit Works has no problem with that,
with the closing at Inagua. I mean closing Inagua at 27th Avenue. That would
be acceptable.
Mayor Suarez: You could also close 27th Avenue at Inagua. I was just
kidding.
Mr. Campbell: Barricade it at Dixie Highway if you like.
Mayor Suarez: Then I couldn't get to work everyday.
Mr. Arnold Gilman: Mr. Commissioner, my name is Arnold Gilman. I live at
2576 Lincoln Avenue and I'd like to add to the list of the streets that you're
considering the closure to include Lincoln Avenue and Trapp at 27th Avenue. I
understand they were part of the original plan by the city planner and I'd
like to be sure that that's part of the two streets that are included.
Mayor Suarez: I see some shaking of heads on the mention of those two. What
have we got?
Lt. Joseph Longueira: Mr. Mayor, I'm Lt. Longueira of Miami Police
Department.
Mayor Suarez: I thought it was captain.
Mr. Longueira: Lieutenant. That was a dream. I just want to put on the
record, the Police Department generally we oppose closing streets. When you
talk about closing this many streets for us...
Mayor Suarez: We understand the cumulative affect, OK.
Mr. Longueira: ... we've got to go all the way around all of these
barricades.
Mayor Suarez: Joe, we understand there could be a cumulative affect here but
is there anything particular as to these last two or do you just think that
it's a problem in having these many closed?
Mr. Longueira: Having these many closed.
Mayor Suarez: Off of 27th.
Mr. Longueira: A lot of people feel they don't see their police cars enough
as it is and when you create this many deadend streets by putting barricades
up, they're never going to see our guys go through there because it's very
difficult. They're not going to want to go down streets that they know are
deadend and they got to turn around. It's going to be difficult for them to
get into these areas.
Mayor Suarez: How about if the ones we don't close, we put an invitation that
they drive through those? Will we see them more?
Mr. Longueira: We try.
Mr. Gilman: Mr. Mayor, the...
Mayor Suarez: I understand the concern, I think it's a valid concern. I
mean, if you have that many.
Mr. Gilman: And I won't belabor the subject with the uniqueness of Trapp and
27th and Trapp and Lincoln at 27th is that there is development at 27th and
I'm talking about within a block right off of 27th. The length of the streets
between 27th and Aviation at Trapp and at Lincoln, we're talking about very
small streets that are very much impacted by the traffic flow off of 27th and
that's why I'd like these two streets included in the public hearing. Thank
you.
Mrs. Kennedy (OFF MIKE): I'll tell you who's the person most affected by it,
not the police, J.L. Plummer. When he starts patrolling the streets at night.
119 March 24, 1986
■
0 •
Mr. Dawkins: Let's inconvenience him closer.
Ma; cr Suarez: `%It :--n c.' z3e t:._ at: __ts fit both ends of his house and he won't
be able to get in there.
Mrs. Kennedy (OFF MIKE): No, when he starts patrolling the streets at night.
Mayor Suarez: Madam Armbrister.
Mrs. Esther Mae Armbriater: My name is Esther Mae Armbrister, I live at 3350
Charles Avenue. I would like to know, what are you going to do about the
Intrusion on Charles and Franklin? Am I too early for you to discuss that
part of Coconut Grove? What?
Mr. Dave Rhinard: Commissioners, my name is Dave Rhinard, the traffic
consultant and transport analysis. The Charles Street, we did intend to put
no way - or, I'm sorry, one way and do not enter signs right beyond the
playhouse so that Charles would not have that exodus in the afternoon.
Ms. Armbrister: OK, now what about the stop lights? We need one on Main
Highway and Charles Avenue.
Mr. Rhinard: Well, when you cut the traffic out, when you cut half the volume
out then you don't need the light, OK, so we're saying, get rid of the through
traffic. We don't think the volume is going to be there to warrant the
signal.
Mayor Suarez: Esther Mae, we might want to try first what he proposes and
then possibly go to a street light.
Ms. Armbrister: What he's saying? All right, what are you going to do back
there on Franklin and Hibiscus? We had another wreck there a couple of weeks
ago. We also had a wreck, one of the minister's wives ran into one of those
big bus that's parked always there by the Coconut Grove Playhouse. I think
what you really need to do is see it for yourself. I mean, they don't pay you
enough money to be running, don't pay any of you enough money to be running
around and taking your time. But, since you're there in that position...
Mayor Suarez: I think you should make a very good suggestion as far as some
of these specific, you know, recommendations and closings that we're going to
have to do a little bit of driving around ourselves to see what the effect
might be, at least, intuitively. We can't rely totally on the experts, that's
for sure or totally on the residents either.
Ms. Armbrister: And in the meantime, we had a shoot out two Sunday nights ago
on Charles Avenue of all streets, Charles. We called the police, it took them
40 minutes before they got there. And on Saturday night on Hibiscus, they
shot in the minister's house. Fast traffic running through there.
Mayor Suarez: Of course, the complaints on police response time we get,
whether we close those streets or not that...
Ms. Armbrister: Very, very slow response from the police.
Mayor Suarez: On shootings they should be there awfully quickly.
Ms. Armbrister: But they say there was another shoot out in the Grove so they
had to go there first before they... and there was a long bullet in the house,
about that long where they shot.
Mayor Suarez: In the...
Ms. Armbrister: And I think some...
Mayor Suarez: In the general area of the Grove, my experience lately, because
I happen to have gone on patrol a few times, is that when just about any
incident happens, the police are there if it's an ongoing incident, you know,
a BCE or a shooting or anything like that, they're there within minutes, I
mean, I've been very impressed. I have to may that. I had not tried that
before in the Grove, but specific instances may still happen where they take
way too long and we certainly need for you to call that to our attention. If
you think that leads you to conclude that we shouldn't close some of these
120 March 24, 1966
streets, let us know. Not necessarily today, but at the hearings that we're
going to have apparently.
Ms. Armbrister: Well, at Charles they have no need to be made a one way
street but ...
Mayor Suarez: You have no problems with that recommendation.
Ms. Armbrister: No, no problems with Charles a one way street. But then
again I know you cannot be held responsible, neither the police because when
the police do arrest somebody, carry him downtown and of an eye,
they're right back on the street because you have fast lawyers and poor
judges, but that's not your problem. It was all our problems because, you
know, to a certain extent. But I wish you would do that as fast as you
possibly can put the stop light and the one way street. Thank you.
Mayor Suarez: Thank you, Esther Mae. Anyone else? Bill, James.
Mr. James Johnson: James Johnson, 3025 Blaine Street. When he was just
talking...
Mayor Suarez: I remember Johnson, I remember that much.
Mr. Johnson: When he was just talking about Lincoln and Trapp, originally
when I had passed out some of these which were from the original, I think it
was in '85 and Lincoln would be shut off right at Darwin so you'd have a
little curve there so that there still would be some access. If you can see
where Lincoln and Darwin - you come in from 27th Avenue and instead of being
able to go through the neighborhood, you could even take Darwin. And then on
Trapp, to shut it off east of 27th which was right at the back of the property
lines on the 27th Avenue proposal, it would be right at the back of the
property line.
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Sergio Rodriguez: While this is being discussed, the staff only
recommended certain things as you know. In these requests that we're getting
tonight, they are talking about closing Swanson, Trapp at Lincoln and Aviation
and in some cases, also 27th Avenue and the staff is not recommending that at
all. That could be a problem. If you decide to close it at some point, you
should close it one or the other, not both of them.
Mayor Suarez: Not both sides. You know, George, I hope you remember those
things that they used in elementary school and nursery school and all of that,
to illustrate things to little kids and you remember those when you put these
slides up here for us because they are so confusing for us. For one, in fact,
I can't even read any of the, from here, cannot read any of the names. I can
barely read some of the larger ones, I guess. I have a tough time
determining, you know, where the classifications apply and if could, you know,
as we get into the actual study on the closing of the streets come up with
some simpler building block type illustrations for us, please.
Mr. Campbell: Yes, sir. I believe this was applied by the...
Mayor Suarez: I'm sure you're so used to looking at these that you understand
in a moment you... I can't even tell right off the bat until I look at it a
little more closely where 27th Avenue is and if you can't tell where 27th
Avenue is, you're in dire straits and all this.
Mr. Campbell: This was supplied by the Counselor, Mayor.
Mayor Suarez: Yes.
Mr. Campbell: I can't take any pride of authorship in this particular map.
Mayor Suarez: No these look just like the ones we usually use.
Mr. Campbell: I think it is probably from one of ours.
Mayor Suarez: Don't try to pass this over on them. Ron.
Mr. Campbell: May I - oh, I beg your pardon.
121 March 24, 1988
Mr. Ron Cole: My name is Ron Cole, I live at 2542 Lincoln Avenue. I'd just
like to affirm my support for Mr. Fitzsimmons position and respond to the
police lieutenant's cQw-ez., .;jvu. .he access of emergency vehicles. the
residents were concerned about this and we evaluated it and I think that for
many of us, we will be inconvenienced ourselves by the street closings, but I
think the inconvenience would be worth it for what it will save us and I'd
like the Planning Department also to look ahead. As you know, we are besieged
just about every weekend by some type of activity in Coconut Grove and it's
going to get worse. So that's just a part of the problem and 1 think we need
to look ahead to realistic projections and not only some of the data that's
been gathered in the study up to this time. So we are for the closings.
Thank you.
Mayor Suarez: Thank you, Ron. OK, does that conclude the public comment?
You just...
Ms. Cynthia Shelley: Is it OK if I add on? All right, my name is Cynthia
Shelley.
Mayor Suarez: Sure, I thought you were just going to ratify everything said
and we can all go home but...
Ms. Shelley: I wish. I wanted to talk about the situation that's within our
small area and I called the Police Department and spoke to Sergeant
Nickelberry. He gave me the statistics of last year's problems of robberies,
grand larcenies, burglaries, vehicle thefts, murder and rapes. We had 532
grand larceny, 20 robberies, 136 burglaries, 135 vehicle thefts, 2 murders and
2 rapes and this is all within this particular area that we're talking about,
Grove Park, that we have recently been calling it. And I really think that
this closing off on Aviation - Aviation is become such a thoroughfare now that
we need to close it off on Aviation and insulate this particular area and it
will enhance, closing it off will enhance the neighborhood security by
limiting the number of intruders' access and egress points.
Mayor Suarez: OK, thank you for your comments. I see Longueira in the back
shaking his head saying that that's not necessarily the case from his
perspective, but we have to decide these things. Yes.
UNIDENTIFIED SPEAKER: In reference to the comment made by the Department
concerning either closing off of Aviation or at 27th Avenue, I think you
should consider that closing off at Aviation is for the residents on the east
side of Aviation, closing off at 27th Avenue is for the residents on the west
side of Aviation and that closing off on 27th Avenue will further enhance the
promenade effect on 27th Avenue that the City has seen working on so long.
(Applause)
Mayor Suarez: Oh, my God! One more, Jim, go ahead. You're not endorsing
everything that's been said so far?
Mr. McMaster: Yes, sir.
Mayor Suare--: You have a whole new angle on it7
Mr. McMaster: I just wanted to get up here and make sure that before they
wrap it up, I have another issue I'd like to bring up. Should 1 bring it up
Dow?
Mayor Suarez: NLt related to the traffic study?
Mr. McMaster: It is the traffic study but a different section.
Mayor Suarez: Yes, go ahead, please.
Mr. McMaster: OK, J!m McMaster, 2940 S.W. 30th Court, Coconut Grove. The
last time the consultants were here before the Commission, they brought up an
issue about off site p&rking; allowing certain lots in the SPI-2 district to
have all their parking requirements in the parking garage and I...
Mayor Suarez: If we approve the recommendations generally, what would that do
to off site parking as a feature of this area of the City?
122 March 24, 1988
Now
Mr. Turner: If you approve the recommendation as they were presented, then
the responsibility is on the Plaiwaina veve&LouenL Lo come back later with a
completely detailed proposal for the functioning and implementation of that
recommendation.
Mayor Suarez: And if we, instead, said that we don't want to approve that
specific recommendation, is that a simple procedure to do right at this
Commission meeting today?
Mr. Rodriguez: If you don't accept the recommendation of the...
Mayor Suarez: As to the off site parking.
Mr. Rodriguez: Right, that's it. But we can bring it to you in the future.
Mayor Suarez: But that's not going to create some incredible problems from
the planning standpoint, Mr. Planning Director?
Mr. Rodriguez: Moi?
Mayor Suarez: Yes, vous.
Mr. Rodriguez: The two.
Mayor Suarez: We tried English and Spanish around here. Let's go to French,
maybe we'll understand each other.
Mr. Rodriguez: It is a good meeting. I'm sorry, I lost my train of thought.
No, what we'll do, you know, if you don't approve the study in principle, then
the portions that you don't approve, you're not endorsing it and obviously
we're not going to try to implement it immediately. If there's some portions
that we see in the future that we have a problem, we'll bring it back to you
in the long range figure.
Mayor Suarez: That's really what I meant, I mean, if there were a situation
at some point where, for whatever reason in terms of planning, development or
whatever, we had to, somehow, begin to contemplate off site parking of that
sort, we could always take that up on a case by case basis. I'll entertain a
motion on that, on not accepting that aspect of the recommendation.
Mr. McMaster: Thank you.
Mayor Suarez: And, if not, I'll make - wait, we haven't gotten anywhere
with it yet. If not, I'll make the motion.
Mr. Turner: But, Mr. Mayor...
Mr. Rodriguez: Mr. Mayor....
Mr. De Yurre (OFF MIKE): I'll move....
Mayor Suarez: OK, I'm sorry, we do have motions.
Mr. Turner: Mr. Mayor, there is one thing to take into consideration on this,
the recommendation is intended to address a long-standing problem of the
provision of on site parking spaces in the congested area of the Grove where
redevelopment is taking place. The problem has been that with a small lot
redevelopment, it is sometimes impossible to accommodate the required off
street parking on the site itself and consequently...
Mayor Suarez: Unless they make the structure smaller or do some other things
that...
Mr. Turner: Well, in some cases where it's a small lot and it has immovable
buildings on each side, it simply is not practical to try to accommodate
the...
Mayor Suarez: But you don't think we can take those up on a case by case
basis? I mean, if there was such a inordinarily...
123 March 24, 1988
Mr. Turner: Well, in the past, they have been taken up on a case by case
basis...
Mayor Suarez: Right.
Mr. Turner: ... and a number of arrangements have been made that apparently
satisfy the parking requirement. However, it has been the history of that
that it doesn't necessarily work out that way. What we wanted to do with this
recommendation was to address that issue directly and to provide for a
permanent mechanism with good standards and procedures to be followed so that
we can be sure that as development occurs in the Grove over the next 5, 10, 15
years, the adequate parking is provided and that it's done according to a
permanent provision that can be administered easily and not on the basis of
paper that made...
Mayor Suarez: You know what that reminds me of, that reminds me of the
argument that we ought to rezone all of 27th Avenue because in the past, we
had done it on a sort of spot zoning basis, you know, and we ought to do it in
a comprehensive manner.
Mr. Turner: That's the idea. That's the idea.
Mayor Suarez: And, of course, you know that didn't necessarily work with a
few of us.
Mr. Turner: I'm not addressing a zoning question here, just a parking issue.
Mayor Suarez: I understand, I understand. The neighbors really want to, in
effect, place that burden on the applicant to show that for whatever reasons
that they ought to get those...
Mr. Rodriguez: What is it exactly what Mr. McMaster is talking about because
I'm not sure we're talking about off site parking but it's a little nebulous.
Mayor Suarez: Well, apparently, it's a recommendation that, in effect, lends
credence to the concept that you have more off site parking as part of our
planning process and zoning process, is that not the case?
Mr. McMaster: I think it's directly related to the Parking Authority and the
proposed garage around the Playhouse and I think it would be better that when
the Playhouse proposal comes before this Commission if they then think it's a
good idea to arrange this with the Parking Authority to bring it up then. So
I think we could remove it now and the Playhouse parking garage should be
before you within a year or 16 months and then it could be brought up. It's
not...
Mayor Suarez: You know, of course you're not going to oppose this specific
plans on that particular project, on that issue.
Mr. Dawkins (OFF MIKE): Yes, we are.
Mr. McMaster: I have not seen them yet.
Mayor Suarez: You have not seen them.
Mr. Dawkins (OFF MIKE): Yes, we are.
Mr. McMaster: Yes, sir, we are. We were opposing any variances or zoning
changes.
Mr. Rodriguez: That's what I'm concerned about the implications of this. How
far reaching it might be.
Mayor Suarez: Even on such an important pro... well, now that's the thing is,
I don't think if we reject the recommendation, that has any implications, does
it? If we accept the recommendations, it does, otherwise it's just a
recommendation that we chose to ignore. I mean, I don't...
Mr. Rodriguez: I think what we're saying with Off -Street Parking
requirements, we are saying that when they cannot reasonably be accomplished
in a lot, that they should be satisfied through an arrangement with the
Department of Off -Street Parking. That's what we're saying the
124 March 24, 1988
recomendation, I think that's reasonable. We have been having problems with
the way it has been handled until now because there have been arrangements
with the private sector and those arrangements are not - they don ► laeL very
long and we don't know if they keep it and it's very difficult to keep track
of it. At the same time, the other proposal would be, here we have a pool of
parking spaces...
Mayor Suarez: Well, I've got an idea on that particular... See if you can
come up with wording that will satisfy the neighbors as to the implications of
It because it seems silly to start arguing about something that just the
implications of an approval or disapproval of a recommendation. I think they
want and I want, I believe the Commission wants for this recommendation not to
be a factor that allows someone on a case by case basis to come here and get,
you know, get the variances or rezonings or whatever it may be that allow him
to get around the requirements of on site parking, that's the main concern.
So we could suspend action on that part of the recommendation and leave it for
further discussion between the department and the residents?
Mr. Rodriguez: Maybe what you can do is not endorse it or go against it, just
leave it unresolved. Is that correct?
Mayor Suarez: Excise it from the recommendations, we don't...
Mr. Rodriguez (OFF MIKE): That sounds good to me.
Mayor Suarez: OK, with that modification, that...
Mr. McMaster: Yes, thank you, it's fine, thank you.
Mayor Suarez: I guess sometimes it's better than meeting it's just to excise
something in the recommendation, that's not bad. OK, excising that portion of
the recommendations, I'll entertain a motion that we accept the
recommendations in principle and that we have public hearings on the specific
street closures mentioned here today.
Mr. Campbell: May I address the street closures, sir, please?
Mayor Suarez: Do you want to list them?
Mr. Campbell: No, I...
Mayor Suarez: What did you may, George?
Mr. Campbell: I'd like to address them, if I may.
Mayor Suarez: Do we have to do that today? Just to schedule for public
hearing?
Mr. Campbell: Well, we will follow the guidelines that are in the code as far
as notification to property owners, the temporary closure as is this
Commission's policy with the saw horse barricades in order to get some kind of
reaction from the public. We need to get input in writing from the Police
Department, from the Fire Department, Solid Waste, that sort of thing. The
department's opinion is that this is a perceived problem, rather than an
actual problem, if we...
Mayor Suarez: You know what happens if we don't resolve it, whether it's
perceived or actual is that they perceive that we have not solved it and they
proceed to oust us from office. And then, it's more than a perception at that
point.
Mr. Rodriguez: If I may, maybe the - if you want to have a motion on the
public hearing on the closing is to schedule a public hearing as soon as
possible following the requirements of the code; address, advance notification
proceedings and so on.
Mayor Suarez: Yes, that I hoped would be a part of the motion, an implied
part.
Mr. Rodriguez: Without having a date certain at this point until we have the
results.
125
March 24, 1988
•
•
Mayor Suarez: OK, all right, is that fair enough? It gives us a little bit
of more latitude and getting input from...
Mr. Fitzsimmons: That's fine, can we have an idea of how long that takes?
Mayor Suarez: Well, we're not going to require to you come back and force us,
we do want it to come back by order of this Commission at some reasonable
point and we're talking what? Three months at the most I would think.
UNIDENTIFIED SPEAKER (OFF MIKE): Sixty days.
Mayor Suarez: Sixty days, perfect. OK, with all of that understood, I'll
entertain it in the form of a motion which I think I heard before. A second,
hopefully?
INAUDIBLE COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: OK, moved and seconded. Any discussion? Call the roll.
The following motions were introduced by Commissioner Kennedy, who moved
their adoption:
RESOLUTION NO. 88-275
A RESOLUTION APPROVING, IN PRINCIPLE, THE PRELIMINARY
RECOMMENDATIONS CONTAINED IN THE COMPREHENSIVE TRAFFIC
STUDY OF COCONUT GROVE AS PRESENTED BY THE CITY'S
CONSULTANTS, TRANSPORT ANALYSIS PROFESSIONALS, INC., WITH
THE EXCEPTION OF (1) THE WIDENING OF SOUTH BAYSHORE DRIVE,
(2) THE CLOSING OF THE INTERSECTION OF GRAND AVENUE WITH
MAIN HIGHWAY AND MCFARLANE ROAD, (3) THE EXTENSION OF
MCDONALD STREET FROM GRAND AVENUE TO MAIN HIGHWAY, AS
ADDRESSED BY RESOLUTION NO. 88-187, (4) TRAFFIC INTRUSION
CONTROL MEASURES ON CERTAIN RESIDENTIAL STREETS, WHICH
SHALL BE THE SUBJECT OF A PUBLIC HEARING; AND (5)
MANAGEMENT OF OFF-STREET PARKING, WHICH SHALL BE STUDIED
FURTHER.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
MOTION NO. 88-275.1
A MOTION DIRECTING THE ADMINISTRATION TO SCHEDULE A PUBLIC
HEARING AS SOON AS POSSIBLE ON PROPOSED CLOSURE OF STREETS
JUST EAST OF S.W. 27 AVENUE BETWEEN 28 STREET AND
TIGERTAIL, FOLLOWING APPROPRIATE GUIDELINES STIPULATED IN
THE CITY CODE.
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
Vice Mayor Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
126 March 24, 1988
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127
March 24, 1088
CITY OF MIANN
DOCUMENT INDEX
AUTHORIZE MIAMI SPORTS AND EXHIBITION
AUTHORITY TO MAKE PAYMENT TO MIAMI
CENTER ASSOCIATES FOR PROJECT COSTS AND
IMPROVEMENTS IN THE NEW EXHIBIT HAIL AT
MIAMI CONVENTION CENTER - SUBJECT TO
CERTAIN REQUIREMENTS.
CONDOLENCES TO THE FAMILY AND FRIENDS
OF MR. EUGENE C. FERRI, JR.
INCREASE AMOUNT IN CONTRACT WITH
BUNNELL FOUNDATION, INC. FOR
CONSTRUCTION OF SLIP 3 MOORING
DOLPHINS - ACCEPT COMPLETED WORK -
AUTHORIZE FINAL PAYMENT.
ALLOCATE $138,600 TO BELAFONTE TACOLCY
CENTER, INC. AND $66,795. TO YOUTH CO-
OP, INC. FOR IMPLEMENTATION OF FY '88
JPTA II-B SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM.
ACCEPT BIDS: 1)RAINBOW DODGE, INC.
ANTONY ABRAHAM CHEVROLET,INC.
HARLEY DADVISON OF MIAMI INC.
MAROONE CHEVROLET INC. FOR PURCHASE
OF: 88 AUTOMOBILES, 13 MOTORCYCLES
21 VANS, 5 STATIONS WAGONS AND 6
PICKUP TRUCKS. AUTHORIZE PURCHASE
FROM HARTMAN CYCLE CENTER OF 3
YAMAHA ATCS FOR THE DEPARTMENT OF
GENERAL SERVICES ADMINISTRATION.
CLOSURE OF DESIGNATED STREETS IN
CONNECTION WITH COCONUT GROVE
MUSIC FESTIVAL.
RATIFY CITY MANAGER'S NEED FOR
IMMEDIATE EMERGENCY PURCHASE OF
EIGHT ELECTRIC GOLF CARTS/PERSONNEL
CARRIERS FROM E Z GO OF SOUTH FLORIDA
FOR DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION.
EXECUTE AMENDMENT TO AGREEMENT WITH
FULLER AND SADAO - INCREASE TOTAL FEES
(BAYFRONT PARK REDEVELOPMENT -
PEPPER OFUNTAIN).
MARCH 24, 1989
pom i cr
mTPNML CM N
88=259
88-260
88-265
88-266
88-267
88-269
88-270
6
DOCUMENT INDEX
DESIGNATE AREA PROHIBITED TO RETAIL
PEDDLERS DURING PERIOD OF EVENT.
(A) PROPOSED EDISON CENTER GATEWAY
PROJECT. (B) AUTHORIZE EXECUTION OF
AGREEMENT WITH FLORIDA DEPARTMENT
OF TRANSPORTATION RELATING TO MAINTENANCE
OF PLANTS AND PLANTERS, ETC. WITHIN
NON -ROADWAY PORTION OF N.W. 7TH AVENUE
BETWEEN 58TH AND 64TH STREETS -AUTHORIZE
NECESSARY PERMITS FROM FLORIDA DEPT.
OF TRANSPORTATION.
APPROVE PRELIMINARY RECOMMENDATIONS
IN COMPREHENSIVE TRAFFIC STUDY OF
COCONUT GROVE (CONSULTANTS: TRANSPORT
ANALYSIS PEROFESSIONALS, INC.) WITH
CERTAIN EXCEPTIONS.
PA0_0p_
88-272
88-273
88-2 75