HomeMy WebLinkAboutCC 1986-09-25 MinutesTY
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OF ?1EETT1M HEU ON September 25, 1986
alw nGW (PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
n
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
SEPTEMBER 25. 1986
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1.
PLAQUES, PROCLAMATIONS AND SPECIAL
PRESENTED
ITEMS.
9/25/86
2.
BRIEF DISCUSSION ON SUBPOENA BY
DISCUSSION
CITY COMMISSIONERS SEEKING TO
9/25/86
ENJOIN THE COMMISSION FROM PASSING
THE BUDGET.
3.
CONTINUE CONSIDERATION OF SECOND
DISCUSSION
READING ORDINANCE REQUESTING ATLAS
9/25/86
CHANGE AT APPROXIMATELY 2564-2574
SW 27 LANE TO SECOND MEETING IN
OCTOBER.
4.
RESCHEDULE REGULAR CITY COMMISSION
DISCUSSION
MEETING OF OCTOBER 9, 1986 TO TAKE
9/25/86
PLACE ON OCTOBER 7. 1986.
5.
RESCHEDULE REGULAR CITY COMMISSION
DISCUSSION
MEETING OF DECEMBER 25, 1986 TO
9/25/86
TAKE PLACE ON DECEMBER 11, 1986.
6.
RESCHEDULE REGULAR COMMISSION
DISCUSSION
MEETING OF NOVEMBER 27, 1986 TO
9/25/86
TAKE PLACE ON NOVEMBER 25,1986.
7.
PREPARE EMERGENCY ORDINANCE TO
DISCUSSION
PLACE ON NOVEMBER 4. 1986 BALLOT A
9/25/86
STRAW BALLOT QUESTION DEALING WITH
PROPOSED REGULATION CONTEMPORARY
COMMUNITY STANDARDS AS TO RELIGIOUS
BELIEFS OF OUR COMMUNITY (SEE LABEL
*26)
S..
REQUEST DRAFTING OF AN ORDINANCE
DISCUSSION
TO INSTITUTE A PHASE OUT
9/25/86
PROCEDURE WHICH WOULD FUND FOR
THREE YEARS COMMUNITY PROJECTS
WITH PROVEN TRACK RECORD.
9.
AMEND 9500 - CHANGE ZONING
FIRST
CLASSIFICATION OF APPROXIMATELY
READING
3998 W. FLAGLER FROM RG-2/5 AND
9/25/86
RS-2/2 TO CR-2/7.
10.
AMEND 9500 - CHANGE ZONING
FIRST
CLASSIFICATION AT APPROXIMATELY
READING
4220. 4234, AND 4244 N.W. 2ND ST.
9/25/86
AND 4225 N.W. 1ST. ST.. MIAMI
FLORIDA FROM RG 1/3 TO CR-2/7.
1
2-3
3-4
4
4-5
6
7-8
11.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
15-17
OF PROPOSED FIRST READING
9/25/86
ORDINANCE - ATLAS CHANGE AT
APPROXIMATELY 1548-1636 BRICKELL
AVE. FROM RG-2.1/3 TO RG 2.1/5
MAINTAIN THE SPI-4 BRICKELL AREA
MAYOR STREETS ONEDAY DISTRICT.
12.
ACCEPT GRANT OF $100,000 FROM THE
R-86-752
17-19
STATE OF FLORIDA TO BE USED FOR
9/25/86
PROMOTIONAL EXPENSES RELATED TO THE
"1986 ORANGE BLOSSOM CLASSIC."
13.
EMERGENCY ORDINANCE: ESTABLISH NEW
ORDINANCE
19-20
-
SPECIAL REVENUE FUND "ORANGE
10147
BLOSSOM CLASSIC-1986."
9/25/86
14.
ALLOCATE $35,000 IN SUPPORT OF THE
R-86-753
21-23
"1986 ORANGE BLOSSOM CLASSIC"
9/25/86
15.
DISCUSSION AND DEFERRAL OF APPEAL
DISCUSSION
23-28
BY OBJECTOR - REVIEW OF SPECIAL
9/25/86
EXCEPTION PERMITTING ACCESSORY
INSTALLATION AND FACILITIES AT
5950-60-80-90 N.W. 7 ST. (PAN
AMERICAN HOSPITAL CORP.) TO THE
MEETING OF OCTOBER 23, 1986.
16.
(A) DISCUSSION AND DEFERRAL OF
DISCUSSION
28
APPEAL BY OBJECTOR - REVIEW OF
9/25/86
VARIANCE GRANTED BY ZONING BOARD
PERMITTING A SECOND STORY ADDITION
_
TO EXISTING STRUCTURE AT 5965 SW 8
ST. TO THE MEETING OF OCTOBER 23,
1986.
16.
A(I) REPORT BY CITY ATTORNEY ON
DISCUSSION
29
LAWSUIT FILED AGAINST CITY AND
9/25/86
COMMISSIONERS.
16.
(B) CONTINUED DISCUSSION OF AGENDA
R-86-754
29-31
PZ-6 AFFIRM DISCUSSION OF ZONING
9/25/86
BOARD GRANTING A VARIANCE - PERMIT
SECOND STORY ADDITION TO EXISTING
STRUCTURE AT 5965 SW 8 ST. (SEE
LABEL 16-A)
17.
APPROVE INSTALLATION OF DRIVE-IN
R-86-755
32-33
FACILITIES AT FINANCIAL INSTITUTION
9/25/86
LOCATED AT APPROXIMATELY 821-899 NW
37 AVE.
18.
ACCEPT PLAT: "HIGHLAND PARK
R-86-756
34
HOSPITAL SUBDIVISION - FIRST
9/25/86
ADDITION.
i.
19.
CONSENT AGENDA.
34-36
9/25/86
19.1
AUTHORIZING STREET CLOSURE FOR
R-86-757
36
MIAMI DADE COMMUNITY COLLEGE PARADE
9/25/86
OF FLAGS, OCTOBER 9. 1986.
k 19.2
AUTHORIZE CITY MANAGER TO ENGAGE
R-86-758
36
BOND UNDERWRITERS; PRUDENTIAL BACHE
9/25/86
.:;
SECURITIES. FIRST EQUITY CORP OF
};
FLORIDA, DANIELS & BELL AND METROL
7
EQUITIES CORP.
19.3
AUTHORIZING AND APPROVING SELECTION
R-86-759
36-37
`
OF GREENBERG. TRAURIG ET AL. TO
9/25/86
a
SERVE AS SPECIAL TAX COUNSEL.
i',
f
19.4
CLAIM SETTLEMENT - LAZARO PADRON.
R-86-760
9/25186
19.5
AUTHORIZE EXECUTION OF AGREEMENT
R-86-761
WITH GREATER MIAMI CONVENTION
9/25/86
BUREAU.
19.6
AUTHORIZE CO -DESIGNATION OF STREET,
R-86-762
SECTION OF S.W. 2ND STREET AS
9/25/86
"CENTRUST FINANCIAL CENTER."
19.7
AUTHORIZE LEGAL PROCEEDINGS AGAINST
R-86-763
MARINE STADIUM ENTERPRISES, INC..
9/25/86
19.8
CONFIRM NOMINATION DR. EDUARDO
R-86-764
PADRON TO OFF-STREET PARKING BOARD.
9/25/86
19.9
ACCEPTING ELECTION CERTIFICATIONS
R-86-765
OF ELECTIONS HELD SEPT 2, 1986
9/25/86
REGARDING MODIFICATION BOND
INTEREST RATES ON CERTAIN UNISSUED
BONDS AND ACCEPTING CITY CLERK'S
CERTIFICATION OF RESULTS.
20.
ACQUIRE BY NEGOTIATED PURCHASE
R-86-766
PARCEL LOCATED AT 3601 SW 37 AVE.
9/25/86
(ST. HUGH'S OAK PROPERTY) AT A
PRICE NOT TO EXCEED $1,070,000 TO
BE USED FOR HOUSING PURPOSES.
21.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
OF CONSIDERATION OF A RESOLUTION
9125/86
AUTHORIZING ASSIGNMENT OF LEASE,
BETWEEN CITY OF MIAMI AND JERRY'S
INC. TO TERREMARK AT DINNER KEY,
INC. (SEE LABEL #31)
22.
ALLOCATE AN ADDITIONAL $70,000 FROM
R-86-767
THE 12TH YEAR COMMUNITY DEVELOPMENT
9/25/86
BLOCK GRANT FUNDS IN SUPPORT OF
THE ECONOMIC DEVELOPMENT PROGRAM OF
MMAP.
23.
DIRECT ADMINISTRATION TO ATTEMPT TO
M-86-768
RECOVER THE CITY'S INVESTMENT IN
9/25/86
THE MELROSE NURSERY PROPERTY.
24.
DISCUSSION CONCERNING CITY AUDIT
DISCUSSION
PERTAINING TO CASINO ESPANOL.
9/25/86
24.1
CONTINUED DISCUSSION CONCERNING
DISCUSSION
CITY AUDIT PERTAINING TO CASINO
9/25/86
ESPANOL.
25.
EXPRESS TO THE SPORTS AUTHORITY
M-86-769
COMMITTEE THAT CITY COMMISSION
9/25/86
WOULD VIEW WITH PLEASURE THAT
MANAGER OR DESIGNEE BE DESIGNATED
AS THE AUTHORITY'S EXECUTIVE
DIRECTOR.
26.
EMERGENCY ORDINANCE: REDUCE TO 30
ORDINANCE
DAYS REQUIREMENT THAT RESOLUTION
10148
CALLING TO MUNICIPAL ELECTIONS BY
9/25/86
ADOPTED 45 DAYS PRIOR TO THE DATE
OF THE ELECTION WHERE SAID QUESTION
IS A "STRAW BALLOT QUESTION."
27.
PROVIDE FOR A SPECIAL MUNICIPAL
R-86-770
ELECTION ON NOVEMBER 4, 1986 IN
9/25/86
CONNECTION WITH COMMUNITY STANDARDS
REGARDING DEGRADING OF RELIGIOUS
BELIEFS.
37
Mh
37
38
38
38
39-43
43-53
53-56
57-61
61-64
65-66
Y
28.
CONTINUED DISCUSSION REGARDING
DISCUSSION
71-73
CITY'S AUDIT ON CASINO ESPANOL.
9/25/86
29.
APPROVE CITY MANAGER'S CONCURRENCE
R-86-771
74-77
WITH ACTIONS OF THE BOARD OF
9/26/86
DIRECTORS OF MIAMI CAPITA. RELATED
TO PERSONNEL POLICIES CONCERNING
STATUS OF IGNACIO AGUIRRE.
30.
DISCUSSION AND CONTINUANCE OF
DISCUSSION
77-78
PROPOSED CONSTRUCTION OF
9/25/86
BICENTENNIAL PARK - CHARTER BOAT
FACILITIES.
31.
CONTINUED DISCUSSION OF PROPOSED
R-86-772
78-85
ASSIGNMENT OF AGREEMENT BETWEEN THE
9/25/86
CITY AND JERRY'S INC. TO TERREMARK
AT DINNER KEY INC. FOR RENOVATION
AND EXPANSION OF COCONUT GROVE
EXHIBITION CENTER
32.
DISCUSSION AND TEMPORARY DEFERRAL
DISCUSSION
86-87
OF PROPOSED REZONING OF FLORIDA
9/25/86
AVENUE.
33.
DISCUSSION CONCERNING REQUEST BY
DISCUSSION
87-89
OVERTOWN ADVISORY BOARD FOR FUNDS
9/25/86
FOR FULLTIME LEGAL SERVICE IN THE
OVERTOWN AREA.
34.
CONTINUED DISCUSSION AND DEFERRAL
DISCUSSION
89-96
OF CONSIDERATION OF PROPOSED
9/25/86
REZONING OF FLORIDA AVE.
35.
FIRST READING ORDINANCE: AMEND
FIRST
96-101
9500 - CHANGE ZONING CLASSIFICATION
READING
OF APPROXIMATELY 1548-1636 BRICKELL
9/25/86
AVENUE FROM RG-2.1/3 TO RG-2.1/5.
36.
DISCUSSION AND DEFERRAL OF
DISCUSSION
101-105
CONSIDERAITON OF ISSUANCE OF AN
9/25/86
AMENDED DEVELOPMENT ORDER FOR THE
ONE DUPONT PLAZA PORTION OF MIAMI
CENTER I PROJECT TO THE MEETING OF
OCTOBER 7,1986.
37.
CONTINUED DISCUSSION OF PROPOSED
M-86-773
105-110
CONSTRUCTION OF BICENTENNIAL PARK -
9/25/86
PARK CHARTER BOAT FACILITIES -
INSTRUCT MANAGER TO NEGOTIATE
WITH COMMISSIONER FISHERMENS'
ASSOCIATION.
38.
CONTINUED DISCUSSION ON REQUEST
DISCUSSION
110-113
FROM OVERTOWN ADVISORY BOARD FOR
9/25/86
CITY FUNDING OF LEGAL SERVICES -
THE MEETING OF OCTOBER 23, 1986.
39.
DISCUSSION CONCERNING RESOLUTION OF
R-86-774
113-120
CONFLICT IN DATES FOR CALLE 8 AND
9/25/86
I
THE GRAND PRIX EVENT - SET DATES
AND GRANT CLOSURE OF STREETS FOR
HOLDING OF CARNAVAL PASEO, 8-K RUN
AND CALLS OCHO OPEN HOUSE FESTIVAL.
40.
CONTINUED DISCUSSION AND DEFERRAL
DISCUSSION
120-121
OF PROPOSED ASSIGNMENT OF LEASE
9/26/86
BETWEEN THE CITY AND JERRY'S INC TO
TERREMARK OF DINNER KEY, INC. TO
THE MEETING OF OCTOBER 23, 1986.
-------------------
r
-
41.
(A) FIRST READING ORDINANCE: AMEND
FIRST
121-129 -
MIAMI COMPREHENSIVE NEIGHBORHOOD
READING
PLAN 1976-1986 BY CHANGING
9/25/86
DESIGNATION OF PROPERTY LOCATED AT
3427-3523 SW 22ND TERR. (B)
CONTINUE ORDINANCE PZ 11--B UNTIL
COMMISSION TAKE UP AGENDA ITEM 10
(ABOVE).
42.
(A) FIRST READING ORDINANCE: ZONING
FIRST
129-131
ATLAS AMENDMENT AT APPROXIMATELY
READING
3427-3523 S.W. 22 TERRACE FROM RG-
9/25/86
1/3 TO CR-2/7. (8) ORDINANCE ON 11
(8) WILL BE CONTINUED UNTIL THE
COMMISSION TAKE UP ITEM 10 (ABOVE)
43.
(A) FIRST READING ORDINANCE: AMEND
FIRST
131-134
TO COMPREHENSIVE NEIGHBORHOOD PLAN
READING
APPROXIMATELY 3591 S.W. 22 TERRACE
9/25/86
BY CHANGING DESIGNATION FROM LOW
MODERATE DENSITY RESIDENTIAL TO
RESTRICTED COMMERCIAL. (B)ORDINANCE
_
FOR AGENDA ITEM 13B IS CONTINUED
UNTIL THE COMMISSION HEARS
ORDINANCE ITEM PZ-10.
44.
FIRST READING ORDINANCE: AMEND
FIRST
134-135
ZONING ATLAS BY CHANGING ZONING AT
READING
I:
APPROXIMATELY 3591 S.W. 22 TERRACE
9/25/86
FROM RG-1/3 GENERAL RESIDENTIAL TO
CR 3/7.
L' 45.
REFER BACK TO PLANNING ADVISORY
M-86-775
135-143 -
BOARD PROPOSED FIRST READING
9/25/86
ORDINANCE PROHIBITING HOUSEBOATS
IN RS-1 AND RS-2 DISTRICTS; REQUEST
t
ADMINISTRATION TO STUDY ISSUE.
46.
FIRST READING ORDINANCE: AMEND
FIRST
144-145
ORDINANCE 9500-SEC. 3205 OF ARTICLE
READING
32 TO REQUIRE EXHAUSTION OF
9/25/86
ADMINISTRATIVE REMEDIES PRIOR TO
JUDICIAL REVIEW; ETC.
47.
ALLOCATE $10,000 FOR IN -KIND
R-86-776
145-146
SERVICES IN CONNECTION WITH CITY
9/25/86
SPONSORED "THANK YOU MIAMI"
�.
CONCERT.
48.
DISCUSSION REGARDING RECENT POLICE
DISCUSSION
146-147
REORGANIZATION.
9/25/86
49.
SECOND PUBLIC HEARING ON THE BUDGET
R-86-777
147-178
FISCAL YEAR 1986-1987.
9/25/86
s-
50.
SECOND READING ORDINANCE: DEFINE
ORDINANCE
178-184
- `
j
AND DESIGNATE TERRITORIAL LIMITS OF
10149
}
THE CITY OF MIAMI - FIX MILLAGE.
9/25/86
51.
SECOND READING ORDINANCE: ADOPT
ORDINANCE
184-1$6
1986-1987 BUDGET - MAKE
10150
APPROPRIATIONS FOR FISCAL YEAR
9/26/86
ENDING SEPTEMBER 30, 1987.
52.
GRANT FUNDING REQUEST RECEIVED FROM
M-86-778
186-187
ASPIRA OF FLORIDA, INC. IN SUPPORT
9/25/86
OF THEIR PROGRAM.
53.
SECOND READING ORDINANCE: DEFINE
ORDINANCE
187-188
AND DESIGNATE TERRITORIAL LIMITS OF
10151
THE DOWNTOWN DEVELOPMENT AUTHORITY.
9/25/86
64. SECOND READING ORDINANCE: MAKE
APPROPRIATIONS FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY FOR FISCAL
YEAR ENDING SEPTEMBER 30, 1987.
ORDINANCE 189
10152
9/25/86
55. EMERGENCY ORDINANCE: PROVIDE THAT ORDINANCE 190-191
MANAGER OR HIS DESIGNEE SHALL BE 10153
THE DIRECTOR OF THE MIAMI SPORTS 9/25/86
AND EXHIBITION AUTHORITY; WITH
CERTAIN PROVISOS.
56. SECOND READING ORDINANCE: ESTABLISH ORDINANCE 191-193
CITYWIDE NEIGHBORHOOD PARK 10154
RENOVATIONS AS A CAPITAL PROJECT. 9/25/86
57. RESCHEDULING CITY COMMISSION R-86-779 194-195
MEETINGS: (A)OCTOBER 9. 1986 TO R-86-779.1
TAKE PLACE ON OCTOBER 7. 1986 AT R-86-779.2
9:00 A.M. (B) NOVEMBER 27, 1986 TO 9/26/86
TAKE PLACE ON NOVEMBER 25, 1986 AT
On the 25th day of Sept r, 1986, the City Ccirmisslon of Miami,
Florida, met at Its regular meeting place In the City Hall, 3500 Pan American
Drive, Miami, Florida In regular session.
The meeting was called to order at 9:01 O'Clock A.M. by Mayor Xavier
Suarez with the following members of the CeaYmission found to be present:
Cannissioner J. L. Plummer, Jr.
V I ce-mayor M I I I er J. Dawk I ns
Mayor Xavier L. Suarez
ABSENT: Canmisslover Joe Carollo
Commissioner Rosario Kennedy
ALSO PRESENT:
Cesar Odio, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
An Invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
1. PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
NOTE FOR THE FUMY: 00W I SS I ONER KENNEDY ENTERED THE MEETING AT 9 : 05 A.M.
1. PRE'SEWATION:
Plaque to Mayor Xavier L. Suarez by Mr. Paul Shaver, Mr.
Robert Schmidt and James Murphy of the Leukemia Society
of America.
2. PFKXX MAT ION:
Miami Senior High School's Key Club 50th Anniversary
y: In celebration of the Club's 50th anniversary and
'A
commending Its members for its success.
y
r++ 3. FWCCL.IMY10►T ICN:
M i nor I ty Enterprise Deve I opment Week: In recogn I t i on
of the contributions made by minority business owners
toward the economic development of our area.
4. PFCCL iMTION:
DIa de las Antlguas Alumnas Ursul!nos: For their
contributions to the betterment of our cc m unity.
5. PRDCLJIIAkTION:
Lupus Awareness Month: To promote an awareness of this
Y,
little known disease that can strike anyone at any age.
6. PROCLAMTICN:
National Puerto Rican Forum Days: in recognition of
the organization's achievements and celebrate the Miami
n`
forum Introducing the Ccmprehenslve Competency Program.
7. CIOWIE DATI N:
Hector VeIazquez: For his outstanding service to the
Puerto Rican and Hispanic communities in the United
States.
E S. CCIW%tEY ATICN:
Alejita Padro: For her outstanding service to the
Puerto Rican and Hispanic ccffrmunities In the United
i
States.
9. A00CWLEDQJLNT AND WELCOME TO JOURNALISTS FROM COSTA RICA.
1 Septanber 25, 1988
fN
2 . BRIEF D I SCLjSS 1 ON ON SUBPOENA RECEIVED BY CITY OC7W I SS I ONERS SEEKING TO
ENJO I N THE OC1iV914 I SS I ON FPCM PASSING THE BUDGET.
.
Mr. Dawkins: Madam City Attorney, I was Just served with a subpoena to appear
for a hearing at 10:15 a.m., and I an sure the individual who brought the
charges realizes that we meet on every second and fourth Thursday, because
that Individual sat here for four years, so I don't understand the logic In
then requesting that this Commission go take a deposition at 10:00 o'clock.
Mayor Suarez: Have you seen the....
Mr. Dawkins: So what do we do In a case like that, Madam City Attorney?
Mrs. Dougherty: Co,rmissloner Dawkins, I Just now received your summons, or
one of your summons. 1'd never seen the complaint before, or heard about It.
My lawyer will go down and represent ail of you, so there Is no need for you
to leave at this time.
Mrs. Kennedy: Do you think he could have forgotten that we sat here on
Thursdays?
Mr. Dawkins: And if they say that we have to go to Jail, your lawyer goes to
Jail instead of us. Is that correct?
Mrs. Dougherty: Over my dead body will you go to Jail.
Mr. Plumper: Conflict of Interest!
Mrs. Kennedy: Miller, do you think he could have forgotten that he sat here
On Thursdays?
Mr. Plumper: No.
Mrs. Kennedy: Good.
Mr. Plureter: On, OK.
Mayor Suarez: Do we have to approve...
Mr. Plumper: I was feeling neglected that I didn't get one, but here It is. -
Mayor Suarez: There you go'
Mrs. Kennedy: I am sure I received the first one.
Mr. Plumper: Ladles first!
Mr. Dawkins: Let the Mayor sit so he can Inform the public what the hell It
Is. Let the Mayor explain to the public what it Is.
Mayor Suarez: From what I know, It Is a lawsuit filed against the entire
Miami City Commission, and 1 guess, City government for what Is deemed to be a
violation of the Trim bill, Is that what It Is?... because of an Increase in
the mlliage rate?
Mr. P I ummer : No, It Is not the Trim b III . During the past administration,
Mr. Mayor, there was a referendum, and at that referendum, it was proposed as
to any increase or decrease. mostly of course, to an Increase In the miliage.
His petition here Is saying that the City Carnpission, as proposed in the
budget, which we have not passed, so that...
Mayor Suarez: Yes, It suns like a premature lawsuit here. Isn't It?
Mr. Plummer: Well, he has been accused of that before... premature demise as
a Ccrynlssioner! That what he Is saying here Is that the debt service is
supposedly to be IncIuded. because In reality, as we all know, the mlliage has
gone down th 1 s particular year'. the f I rst time In ten years, thanks to the
administration of Cesar OdIo. that this mlliage Is going down, and so. that is
why he has filed this lawsuit.
2 StOttinber 25, 1986
Li
Mr. Odlo: Well, as I read, and the lawyer... Lucia can say this, he Is
enjoining us from passing a budget today. -
Mayor Suarez: Is that right? He Is trying to get an injunction fran passing
a budget today? Well, maybe we will be In agreement with this lawsuit, we
will have to see, won't we?
3. CONTI NUJ= CONS I DERAT 1 ON OF SECOND READING ORDINANCE REQUESTING ATLAS
CHANGE AT APPROXIMATELY 2564-2574 SW 27 LANE TO SECOND MEETING IN
OCTOBER.
Mayor Suarez: Planning and Zoning agenda Item 1. Sergio, we are going to see
a lot of you today, I've got a feeling!
Mr. Rodriguez: We have asked for a continuance of Item number one, because
even when the Planning Department recommends approval, and the Zoning Board
recannended approval, this whole project was supposed to have followed the
27th Avenue study amendment to the comprehensive plan, and we haven't gotten
to that point yet in the process. The comprehensive plan amendment that
reflects the 27th Avenue study will be before you in the October meeting of
the Cannission.
Mayor Suarez: Is the applicant here? Has the applicant been Informed that...?
You acquiesce, do you understand the reasons for it?
Mr. Rodriguez: The two choices that he has, by the way, are that he can apply
for an amendment to the plan, and go through the Planning Advisory Board, and
follow that route, and wart to see on October, when this is before you for
second reading, on the 27th Avenue study amendment to the plan, if that
passes.
Mayor Suarez: Is Mr. Moynahan here?
Mr. Dawkins: Is there any additional cost involved in this, Mr. Rodriguez?
Mr. Rodriguez: No, sir, because we are advising the applicant about It, and
the people that came here for the meeting, so they will be advised today that
a meeting will be continued until the second meeting of October.
Mr. Dawkins: And the City of Miami Is going to assume the cost of mailing out
the notice?
Mr. Rodriguez: We don't have to mall out any more notices because we are
advising the public in a public hearing.
Mr. J. Moynahan: J. Moynahan, Mr. Mayor, 2699 South Bayshore. Just a few
minutes prior to the meeting, yes, Mr. Rodriguez did tell us, and we have
acquiesced to It.
Mayor Suarez: 1 left a message at your office...
Mr. Moynahan: Yes, 1 got It, thank you very much.
Mayor Suarez:... that I returned your call, just so you know that. OK, thank
you. Mr. Moynahan. Does this have to be... we don't have to pass a resolution
rescheduling It, do we, at this point?
Mir. Rodriguez: You have to continue to a date certain, yes.
Mayor Suarez: Which would be when? When do you suggest, the next...
Mr. Rodriguez: Second meeting In October.
Mayor Suarez: We don't have thy; board up there. Does anybody know what that
date is? Do we have to specify at this point?
Mr. Rodriguez: The Planning and Zoning meeting of October,
Septenter 2E5. 1986
S
t
Mr. Dawkins: The first meeting Is the 19th. and 15 days from that is the
24th.
4. RESCHEDULE REGULAR C I TY OCI'iAv1 I SS 1 ON MEETING OF OCTOBER 9. 1986 TO TAKE
PLACE ON OCTOBER 7, 1986.
Mr. Plumper: Yes, but, Mayor Suarez, didn't you want to change some dates?
Mayor Suarez: Yes, on the first meeting, you Just reminded me. But, this Is
being rescheduled after the 23rd of October?
Mr. Rodriguez: Right, which Is the second meeting of ...
Mayor Suarez: Ca►missioner. I had asked Cannlssioner Plummer if he had any
problems on rescheduling the first of the October meetings because of travel
plans, and he said as long as it Is not the 15th of October, it Is OK with
him. I would like to reschedule, If 1 may, to Tuesday Instead of Thursday. It
will be Tuesday, the 7th of October. Ccmnissioner, do you want to check your
calendar, is It OK with you? Could you reflect that, Mr. City Manager, City
Clerk. the next meeting will be October 7th, on a Tuesday? We try to Ieave
Wednesdays out, is that...?
Mr. Plummer: Yes. Mr. Mayor, 1 think that would take a motion, and I so move.
Mayor Suarez: So moved, seconded. Please call the roll.
THERELIPON THE FOREGOING MOTION, RESCHEDULING THE REGULAR CITY
CCIVMISS1ON MEETING OF OCTOBER 9, 1986 TO TAKE PLACE ON OCTOBER 7,
1986 which was duly introduced by Cammmissioner Plumper and seconded
by Ccnmissioner Kennedy was adopted by the following vote:
AYES: Cafnissloner J. L. Plumper, Jr.
Cc missioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Cwmissioner Joe Carollo.
(LATER FORMALIZED INTO RESOLUTION Na. 86-779)
5. RESC►EM LE REGULAR CITY COMMISSION MEETING OF DECEMBER 25, 1986 TO TAKE
PLACE ON DECEMBER 11. 1986
Mr. Walter Pierce: Mr. Mayor.
Mayor Suarez: Yes, Walter.
Mr. Pierce: While you are on the subject of changing meeting dates, let me
point out that the second meeting, the Planning and Zoning meeting of both
November and Decor fall on holidays. Thanksgiving and Christmas, so we need
to address just those two meetings as well.
Mayor Suarez: Nover 23rd Is a holiday? I mean. October 23, rather? Oh.
you are talking about Nov&Tber and December. all right.
Mr. Pierce: No. I mean November. November 27th Is Thanksgiving, and December
25th Is Christmas.
4 8eptemr 25, 1
Mr. Plumper: The tradition 1 would like to follow on the December meeting,
Mr. Mayor, what we have done, Is merely have a single day In wh I ch we have
both meetings.
Mayor Suarez: For Decenaer?
Mr. Plummer: Yes, we have done In the past. In the morning Is the regular...
Mayor Suarez: Does It look IIke we are heading for a kind of agenda that we
can handle in December?
Mr. Dawkins: We make It that way, Mr. Mayor.
Mayor Suarez: Two In one?
Mr. Dawkins: We make the agenda so we can have It on one day. We determine
what Items go on there.
Mayor Suarez: OK. but you know, I mean, we may have so many Items that... OK,
do you want to try It for one day again, keeping with tradition?
Mr. Plumper: That Is what we have done In the past, because a lot Of people
like to travel during the holidays.
Mayor Suarez: Both in the first meeting?
Mr. Plummer: Well, according to the Charter, you must have two meetings a
month, and what we have done Is called one meeting In the morning and then a
second meeting in the afternoon, to canply with the Charter.
Mrs. Kennedy: Can we pick a date now?
Mayor Suarez: Do you want to pick a date now?
Mr. Plummer: I can't do It without a calendar.
Mr. Pierce: The first meeting in December is scheduled for December 11th.
Mayor Suarez: How is that date? That is before anyone's Christmas vacation?
Mr. Plummer: It is all right with me at this point. Why don't we make it
subject to any Commissioner coning back?
Mayor Suarez: All right, do you want to make that In the form of a motion?
Do we need to do it at this point?
Mr. Planner: I so move.
Mayor Suarez: So moved and seconded, It will be scheduled regular agenda in
the morning. and Planning and 'ZonIng In the afternoon. Call the roil on that.
THEREUPON THE FOREGO I M MDT I ON, RESpiEOIIL I M THE REajLAR C i Ty
COMMISSION MEETING OF DECEMBER 25. 1986 TO BE HELD DECOVBER 11TH,
1986 duly Introduced by Commissioner Plunrrrer and seconded by
CCrmmissloner Kennedy was passed and adopted by the following vote:
AYES: CO'rplssloner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Commissioner Joe Carollo
NDES: None.
ASSENT: hone
(LATER FORMALIZED INTO RESOLUTION NO. 86-779.2)
D
S. RESCHEDULE REGULAR 03W I SS i ON MEETING OF NOVEMBER 27. 1986 TO TAKE PLACE
CN NDVEMER 25, 1986.
Mr. Pierce: We have to deal with the November meeting.
Mr. Plummer: I don't have a calendar.
Mr. Pierce: Well, the meeting originally would be on Thursday, the 27th,
which Is Thanksgiving day. The first meeting of the month IS scheduled for
the 13th.
Mr. Plummer: Normally, what we have done In the past, Is on Thursday's
meeting, we backed It up to Tuesday.
Mayor Suarez: Let's try that.
Mr. Pierce: OK, that would be November 25th.
Mr. Plummer: Yes, that is what we have normally done, so that nobody... you
know, once we tried to have It on a Friday, and everybody wanted to leave
town. I will make a motion once again subJect to any Ccmmissloner having the
right to cane back, that it be the November 27th meeting be scheduled for
November 25th, I so move.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. Any discussion? Cali the roll on the
rescheduling of the seconded Planning and Zoning meeting in November.
THEREUPON THE FOREGOING MOTION, RESCHEDULING THE REGULAR CITY
CCI MISSION MEETING OF NOVEMBER 27, 1986 TO BE HELD NOVEMBER 25th
1986, duly Introduced by Camiissloner Plummer and seconded by
Commissioner Kennedy was passed and adopted by the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
CcmynssIoner Joe Caro IIo
NOES: None.
ABSENT: None.
(LATER FORMALIZED INTO RESOLUTION NO. 86-779.1),
NNE FOR IM Agenda Iten PZ-1 was continued until October 23,
1986.
7. PREPARE EMERGENCY ORDI To PLACE ON NOVEMBER 4-1986 BALLOT A STRAW
BALLOT QUESTION DEALING W I TH PROPOSED REGULATION OONTEWORARY aWMLINITY
STANDARDS AS TO REL 1 D I OILS BELIEFS OF OUR CON0UN I TY ( SEE LABEL 026 )
Mr. Carollo: I'd IIke to bring up, If 1 may, a pocket Item, an emergency
resolution, If I may.
Mayor Suarez: Commissioner.
Mr. Carollo. If I may read It Into the record:
"Whereas a matter of serious oomunity concern presently exists with
respect to the public shaving In the City of Mlarmmi of material like that
contained In the movie entitled, "Hall Mary", which depicts nudity,
sexual acts, and profanity as defined by Florida law, and defames, mocks
and degrades basic religious beliefs, and whereas the United States
Supreme Court has decided that each community may determine Its own
contemporary community standards with regards to the public showing of
such materials so that the government of the community can, If It desires
to do so, regulate such material In an Informed, proper and
constitutional manner; and whereas the most accurate, practical, and
Inexpensive manner for determining the contemporary commmxinity standards
of citizens in the City of Miami with respect to such material, is to
place an appropriate question on the ballot and therefore, the following
Questions shall be placed on the ballot In the City of Miami In
accordance with all applicable provisions of the Charter and Code of the
City of Miami and the Florida law for the next election after November 4,
1986: Is It offensive, annoying and obscene to you as a citizen of the
City of Miami for movie, T.V. program, video recording or printed matter,
to defame, mock or degrade basic religious beliefs by the use of nudity,
sexual acts, or profanity, as defined by Florida law."
That Is the question I would like, Mr. Mayor, Commissioners, to place on the
ballot as a straw ballot question.
Mayor Suarez: You read It as a declaration, but it Is a question, right? It
begins, "Is it...?"
Mr. Carollo: That is correct. This Is a resolution to place the last
paragraph that I read as a straw ballot question so that the citizens of Miami
can decide for themselves what they would like to consider to be profane,
obscene, etc., as defined by the Supreme Court of the United States of
America.
Mayor Suarez: Madam City Attorney, are we within the time In which we can
approve for putting on a November ballot any ballot question?
Mrs. Dougherty: Mr. Mayor, 1 can only answer that by saying that David Leahy
advises that he would accept the question, but our own Code does not permit
any questions to go on the ballot...
Mayor Suarez: Our own Code, or our own Charter?
Mrs. Dougherty: Our own Code, 16-8, without having the question passed by
resolution of the CmYnIsslon 45 days In advance of the election.
Mr. Carollo: Even if It Is only a straw ballot question, Madam City...
Mrs. Dougherty: It doesn't distinguish between the two.
Mayor Suarez: It Is not binding?
Mrs. Dougherty: It doesn't distinguish between the two.
Mr. Plurrmwer: Well, I think the worse thing that would happen Is, It would go
over to March. That would be the next regular election. Also, I suppose we
could pass an ordinance changing the code, if It is Just the code. It ls'`not
the Charter, right?
7 Septr 25, 16
— Mrs. Dougherty: It is not the Charter, It Is the code. You could change the
code.... for the emergency, to get it on the ballot in November.
Mr. Carollo: Wdam City Attorney. can you guide us as to what steps we could
legally follow to place this on the November Ath ballot In a legal manner?
Mrs. Dougherty: I would suggest that what we do Is pass an emergency
ordinance that would permit the placnt of such things on the ballot, If it
Is a straw vote, within 30 days.
Mr. Carollo: OK, then I withdraw my motion for...
Mrs. Dougherty: We will prepare that and bring It back this afternoon.
Mr. Carollo:...this resolution to be presented now, and if we may, I'm sure
you could draft up something In a matter of...
Mrs. Dougherty: We will prepare that by this afternoon, the emergency
ordinance, and then you pass the resolution afterwards.
Mr. Carollo: OK, can you have it ready by 2:30 p.m.?
Mrs. Dougherty: 2:30 p.m.?... yes.
Mr. Carollo: That will be fine, then.
Mayor Suarez: I'm sorry... Mayor, that was the Item you were here on sir,
right? I'd Iike to make sure that I recognize the Mayor of the City of West
Miami.
Mr. Carollo: I think this...
Mayor Pedro Reboredo: Yes. Mayor, and Cm missioners. thank you for the
opportunity to present this to the voters In the City of Miami. same as
Hialeah and West Miami. It would be very beneficial for everyone. I think it
would certainly prevent scme potential problems In the future, and we will be
back here at 2:30 p.m. to be with you. Thank you very much.
8. REQUEST DRAFTING OF AN ORDINANCE TO INSTITUTE A PHASE OUT PROCEDURE WHICH
VUOLLD FLED FOR THREE YEARS CM&CIN I TY PROJECTS W I TH PROVEN TRAOC REOORD .
Mr. Carollo: One additional matter, I'd Iike to have an ordinance drafted and
presented to the Ommission at the next Ccff mission meeting that would
establish, beginning with this year, for three years. funds to be given to
community activity projects, such as, for Instance. SunStreet Festival,
Goanbay, Celle Ocho, CarnavaI MIarnI, I would Iike that ordinance to establish
no more than four camnunIty activity projects that this Commisslon would
fund. beginning this year, and each year for three years, we will fund 20
percent less of what we funded this year. until they could eventually be 100
percent on their own, and I would like to make It In the form of an ordinance
so It would limit us only to those four community activity projects.
Mayor Suarez: Olt, you are asking to draft an ordinance that would have that
import?
Mr. Carollo: That's correct. What 1 am trying to do by that Is to be able to
help legitimate activities that have proven themselves in the past, and are
part of the history and culture of Miami, without opening the gates to scores
of other now groups that will Immediately be created to get City funds.
Mrs. Kennedy: Cmmissloner. as one who has always supported these festivals.
don' t know I f 1 arty read i ng you r I ght . Who dete:rm i nes that these are the on I y
four festivals that should be funded. Should we have perhaps like a selection
the Ccnmisslon and vote upon It. In fact, what I would suggest Is that each _
member of the Cc misslon would send, let's say, four names that they would
want sponsored, and then when the ordinance cc mes up, we would decide by
majority vote, which four we will find, and for how much.
Mayor Suarez: I have no problem with the concept of establishing a process, a
phasing out procedure as you suggested, but 1 don't think we are in a position
at this point, to make any decisions whatsoever. You are Just asking for an
ordinance to be drafted for us to look at.
Mr. C:arollo: No, no! Of course yes, for It to be brought back, and of
course, each of you will give your Input as to whom you want in there.
Mrs. Kennedy: OK, no problem.
Mayor Suarez: And It Is really not a matter that needs to be brought up,
because that ordinance can prepared at your request without any Commission
action on It. It Is not on the agenda, so...
Mr. Carollo: The only thing that I think we need to establish the guidelines
when we do this, they would be community activities that already have been
established with a proven track record.
Mrs. Kennedy: Right, OK.
Mayor Suarez: We are not going to establish the guidelines today.
9. AMEND 9500 - CHANGE ZONINu CLASSIFICATION OF APPROXIMATELY 3998 W.
FLAGLER FRCM RG-2/5 AND RS-2/2 TO CR-2/7.
Mr. George Olmedlllo: This Item was before you on January 23rd and you
requested the Planning Department to undertake a study In the area to see what
necessity there was for a carmerclal areas In that particular site. There was
a meeting with the neighbors on June 25th. The basic concerns of the
neighbors at that meeting were parking and stability of the area. We found
that the northern side of the street, the northern side of Flagler Street,
between Douglas and LeJeune is basically residential. There are many
condominium apartments there. People want to remain living there. On the
southern side, On the contrary, what we have Is a sort of a mixed bag, but
basically again, you will find that the office use Is predaninant in that
particular strip. The extension of the strip commercial, as it Is requested
by this application will create more places of growth Inside the residential,
the RS-1 district, the residential, the RS-2 district, excuse me, which Is a
single family residential district. It carries with It transitional rights,
that Is the lots abutting the oawerclal sites, do have certain transitional
rights, according to our ordinance 9500. The Zoning Board, at Its meeting,
recomwnded approval of lots one through six, to be changed from the RO-2/5
zoning, which already has to the CR-2/7, and deny the request for the change
of the lots 14 and a portion of lot 13. which are hinedlately south of It.
You see an appendix in the projection. Deny that request to change It from
the RS-2/2 to CR-2/7. The Planning Department In the analysis, arrived at
three options, because the first option will be to leave It as Is today. The
second option is to grant the particular request by the applicant, and the
third option Is to look again at the strip, and conform to the use that
already exists there, that Is, break down the zoning to the use that exists
there today; to leave the northern portion of It as residential, except for
the corner lots which are on Douglas and Flagler, and on 42nd and Flagler, and
the southern portion of It, leave It as RD-1/4 which Is as a residential
office use with an Intensity of four, with that second number four. So these
are the three alternatives that the planning study has found as a
recomnendation for the particular request.
Mayor Suarez: What about that option now, Counselor?
Mr. Al Cardenas: Thank
you. Mr.
Mayor,
we have got... what the staff Is
rending, and I want
to bring
to this
attention of the OmnissIon, and I
would like for Art, If
you would
pass
these pictures around, we are not
9
Septenber 25 ► 11
talking about empty property, which Is going to be developed. We are talking
about two existing structures.
Mr. Dawkins: While you are passing the pictures around, may I acknowledge the
presence of Ccmnissloner Barbara Carey from the County Ccmnission, please?
Mr. Cardenas: Sure.
Mayor Suarez: Goad to have you here, Ccarmissloner. I am sorry I didn't see
you. I saw you by the door.
Mr. Cardenas: Well, I will stop anytime for her.
Mrs. Kennedy: Barbara, it Is nice to be on the other side, huh?
Mr. Cardenas: That's right. Thank you. if 1 may, we are discussing a City
b I ock on the south side of F I ag l er Street, which Is currently zoned RG-2/5,
and we are seeking to rezone It CR-2/7. Let me, If i can, add the following -
one, at this time, we would like to formally withdraw our application relative
to a currently zoned RS-2/2 lots, which were recarmended for denial by the
Zoning Board, so what you really hear...
Mayor Suarez: Give us those, Just to be absolutely sure, which ones you are
talking about, the ones that they are not seeking the...
Mr. Dawkins: The blue ones.
Mayor Suarez: Are they the blue ones?
Mr. Dawkins: The yellow...
Mr. Cardenas: They are the yellow ones on the south side of the boundary
Iine, Mayor... current district boundary line. So, we are only talking
about...
Mayor Suarez: You are talking about one - and - one-half lots you are
withdrawing.
Mr. Cardenas: That Is correct.
Mr. Olmedillo: To clarify, it Is just a strip of lot 13, and lot 14.
Mr. Cardenas: We are withdrawing one lot and a portion of another and before
you therefore, will be the six lots, which the Zoning Board recommended, that
requested change on an eight to zero unanimous vote. Let me, if I can,
address that point very quickly. One, the existing situation Is, as the
pictures that are being passed around will show you, that there are two
existing structures. This Is not vacant property that Is going to be
developed at random. Nunber two, the proposed change by staff to an RG-1, to
an R-1/4, basically conforms with a substantial portion of our client's
Intent. The problem with that, and I think I have got the answer to resolve
both your Intent and both staff's Intent, and ours. Is that If you give us the
zoning that staff reomriends. you automatically have a nonconforming use,
because the existing structure Is 36 feet In height, and the proposed zoning
that staff's recommend Ing a I I ows a height maximum of 30 feet, so automatically
we would have a client with a nonconforming use, and frankly...
Mayor Suarez: What Is that structure? Is that a residential, or...?
Mr. Cardenas: It Is currently an apartment building, Mayor, and what is
Intended to be done with that apartment building. Is to convert it to medical
offices and to have the first floor converted to a private pharmacy, for the
use of the meal Ica I fac I I I t i es In that area. I ' d 1 i ke to very quickly, a i so
provide to the City Clerk the following - one of the comments that was made
referred to the sentiment of the neighbors In the area relative to their
proposed rezoning. Our client went to the Immediate vicinity, that is a five
block radius surrounding this property, the south side; of Flagler, and
obtained 20 sIgna,tures from 20 hwwx�%Nners In that five block vicinity In favor
of this proposal ... excuse me;, there are 21, 1 am submitting...
Mayor Suarez: Let me ask at this point, just so that we know In advance, do
we have any opponents of the petition, Manning and Zoning Item 2, here to
lRpeak on this
Issue? So I guess...
you have obtained what, 20 signatures In
favor?
Mr. Dawkins:
1'd like to know...
Mr. Mayor, let me
ask a question. Sir, of
lot 13, what
Is the dimensions of
lot 13, 50 by 100,
or what?
Mr. Olmedillo:
hot 13 leaves only the northern 14 feet of lot
13, plus...
Mr. Dawk 1 ns :
OK, I am going to
ask it as c I ear I y
as I can
In English, OK?
What is the dimensions
of lot 13?
Mayor Suarez:
Is It 50 by 100?,
100 by...
Mr. Dawkins:
100 by 50, or 50 by
100?... 200 by 200?
Mr. Olmedillo: It Is 150 by 50.
Mr. Dawkins: 150 by 50. OK? So, when you take off 14 fron 50, then we have
got 36 feet? Now, what is on that other 36 feet?
Mr. Olmedlllo: There Is a residence there today.
Mr. Cardenas: It is a hone, which Is also owned by my client.
Mr. Dawkins: Beg pardon?
Mr. Cardenas: It Is a hone which is also owned by my client. It is a hone, a
residence which is owned by my client.
Mr. Dawkins: All right, so where Is the lot line, OK? The lot line Is seven
feet from the hone, so now you are taking 14 feet, which means that the lot
Iine Is going to be right up against the house, so what are we doing here,
now?
Mr. OlmedlIlo: We have recammended denial of the rezoning of that area, the
lot, and he has withdrawn that application.
Mr. Dawkins: No, no. you are not recamnending denial of lot 13.
recGmnending denial of .......
Mr. Olmedillo: Of the whole application, of the full application.
Mr. Dawkins: Of the whole application!
Mr. Olmedillo: Yes, sir.
Mr. Dawkins: But, the Zoning Board Is approving the rezoning of 13 feet of a
50 foot lot.
Mr. OlmedlIlo: No, they approved one through six, which are the lots which
front on Flagler....
Mayor Suarez: They withdrew those?
Mr. Olmedillo: ..... and they denied the north 14 feet of 13, plus lot 14.
Mr. Cardenas: Those lots are not at Issue today because I've withdrawn then
fran the application, Carmissloner.
Mr. Dawkins: After you got then turned down sir, of course you withdrew then.
Mr. Cardenas: Weil, I didn't represent the cilent. Well, let me add, if I
may, i didn't represent the cilent before the Zoning Board, another attorney
did, but assume...
Mayor Suarez: Al, what about that structure that Is shown In your picture
here. is that Imro&dlately to...
Mr. Crdenas: That Is Imriedlate1y to the west. across the street, on the
south side of Flagler, from our client's property. It Is a bank, it Is...
Mayor Suarez.: ghat Is that zorted? What Is that area, zonwd?
11
Mr. Cardenas: It Is CR-2/7. I've got here, If I may, a chart showing you the
south side of Flagler. In red, I have shown the properties which are
currently In use as CR-2/7. If you look at 37th Avenue through 42nd, over one
ha l f of the land mass Is a I ready zoned CR-2/7 . What 1 have marked In orange
here Is what you have also approved already as commercial zoning, and that Is
under construction as Indicated In the pictures shun to you. There are only
two blocks which remain not zoned CR-2/7 on the south side of Flagler. One is
RO-1/4, which Is the purple zoned property, which is residential office. Ours
remains the only City block on the south side of Flagler, In that whole strip
between 42nd and 37th, which remains zoned for residential purposes. What we
are trying to do Is the following, those of you who will see the south side of
Flagler between LeJeune and 37th know that that Is becoming a nice low key,
medical office area, where there are three or four buildings, one almost
adjacent to the other, where there are medical faclIIties currently there,
medical offices. Our client, and half of the City block that I am here before
you already has medical offices In operation. What he really wants to do and
this Is a master plan of what he Is trying to do my clients are doctors, he
wants to take the existing apartment building, which he owns In the same City
block adjacent to his medical office building, and make that into a medical
office building, and take the first floor, and make It Into a pharmacy. That
would, If you rezone It In accordance with what I am requesting, and I have
submitted also restrictive covenants limiting a number of otherwise permitted
uses, you would have a whole strip between 37th and 42nd, being used for
primarily zoned commercial, but used to a large extend, as a medical office
area. It Is in keeping with a perfect transition to a residential uses to the
south. We have got twenty some neighbors we have gone to see, who are In
favor of It. There are no neighbors here in opposition to it. It is a
perfect use for that purpose.
Mayor Suarez: OK, just to clarify one more time, there are no residentially
zoned parcels or lots that you are requesting to be changed to CR? Is that
correct?
Mr. Cardenas: Right. Let me add, If I can, one more statistic. There are 17
buildings on the south side of Flagler, between 37th and 42nd. Six are
already cormerclal properties. Nine are office buildings, and there remain
two residential buildings, Including my clients, which are sandwiched between
a ccmnercial and an office use. The building in question, which I have shown
you, Is not in the condition It should be in. It Is going to be remodeled to
a medical office facility. It is going to be in keeping with the
neighborhood. It will be Improved. There will be no one there in the
evenings, so that residents will have even a quieter situation, and we think
It Is certainly In keeping ,with what you have been a l l ow i ng during the past
few years on the south side of Flagler.
Mrs. Kennedy: This certainly sounds like a very fair request. Guillermo, why
are you denying this?
Mr. Oimedilio: Well, one thing, I would like to clarify just one point
before. The Mayor asked, If the lots on Flagler are residential lots. They
are residential lots. The only thing Is that they...
Mayor Suarez: I meant to say RS, and they were RG.
Mr. Olmedlllo: When we went to study the area, we found that the actual uses
on the block are not what It Is zoned for. That Is, It Is being under-
utilized, but we found that the people who IIve there want to keep It that
way. We found that there are two, large apartment buildings there,
condominium buildings, which have 80 and 120 units each, and everyone wants to
remain living there. That Is zoned... that Is that portion between 38th and
39th Avenue on the northern side, on the corner.
Mayor Suarez: What do the residents think about the huge structure across the
street? Did you ask them that?
Mr. OlrredlIlo: They did not address that question. We didn't ask then that.
Mayor Suarez: It Is right across the street.
Mr. Olmedillo: We didn't ask them about it.
12 SeptanbCr 25, 11
Mr. Cardenas: Also, If I can. Mayor, we are not requesting a zoning to put a
strip shopping center in a Seven -Eleven. We are requesting to continue what
Is a passive office use, In keeping with what staff Is reoarmending. The only
difference, and why we are not seeking what stuff Is reoarmending, and why the
Zoning gird unanimously accepted what we are seeking by an eight to nothing
vote, Is for two reasons: one, the R-1/4 zoning designation's height
limitation Is below the already existing height for the existing building on
site, number two, we want to have a pharmacy for the services of the doctors
on the property, and that Is not permitted by the R-1/4. This proposed
project, which will be a medical building with a pharmacy to service those
doctors, Is totally In keeping with the medical office practice In that whole
strip of Flagler between 37th and 42nd. It Is canpllmentary. That Is why you
don't see any neighbors here, and that Is why you have seen the petition with
20 some homeowners within the four or five block radius of the subject
property.
Mr. Dawkins: Mow close Is the nearest drug store to this facility?
Mr. Cardenas: There Is one about four blocks away, but, you know how doctors
are. they want to keep their money In-house, Carmissloner, and I supposed they
want to...
Mr. Dawkins: OK. are you moving It, Rosario?
Mrs. Kennedy: Go ahead.
Mr. Dawkins: No, I will second it. I am not moving this.
Mayor Suarez: I just asked If Arsenio MIIIan had been on that Zoning Board
would have voted for this, eight to zero, and he was. and If Arsenio thinks It
Is a good thing, 1 rather suspect It probably is.
Mrs. Kennedy: Right, I will go ahead and and make the motion, I have no
problems with It.
Mr. Carollo: I'm glad that the Mayor approves of my appointee to the Zoning
Board.
Mayor Suarez: He is a very good appointee.
Mr. Dawkins: I second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLOR I DA, BY CfOM I I IS THE ZON I NG CLASS I F I CAT I ON OF
APPROXIMATELY 39OD-3998 WEST FLAGLER STREET, MIAMI,
FLORIDA (MDRE PARTICULARLY DESCRIBED HEREIN) FRCM RG-
2/5 GENERAL RESIDENTIAL AND RS-2/2 ONE FAMILY DETACHED
RESIDENTIAL TO CR-2/7 OO MERCIAL-RESIDENTIAL
(CDA N I TY) MAK 1 NG F I ND I N 3S ; AND BY MAK I NG ALL THE
NECESSARY CHANGES ON PAGE NO. 32 OF SAID ZONIM ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was Introduced by Carmissioner Kennedy and seconded by Carmissloner
Dawkins and was passed on Its first reading by title by the following vote -
AYES: Commissioner Joe Carollo
CCmnissioner J. L. Plummer, Jr.
C MI ssiover Rosario Kennedy
Vice -Mayor Miller J. Dawkins r
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None,
i
i September 25. 198l3
t
:
The City Attorney read the ordinance Into the public record and
announced that copies were available to the members of the City Cammisslon and
to the public.
`3
10. A%CND 9500 - CKAN3E ZONING CLASSIFICATION AT APPROXIMATELY 4220, 4234,
AND 4244 N.W. 2ND ST. AND 4225 N.W. 1st ST., MIAMI FLORIDA FROM RG 1/3 TO
CR-2/7.
Mayor Suarez: Planning and Zoning Item 3.
Mr. OlmedlIlo: Item 3 Is an application for a zoning change Fran an RG-1/3
duplex family residential to CR-2/7 which Is a carmerclal, with 1.72
Intensity. This application Is In conformance with the existing eonprehensive
plan, the one that we have today.
Mr. Dawkins: Does the Administration recommend approval?
Mr. Olmedlllo: Yes, s1r.
Mr. Dawkins: 1 will move It.
Mr. Olmedillo: I would like to read for the record...
Mayor Suarez: Is there anyone here that wants to speak against the granting
of this application? Let the record reflect that no one asked to speak
against It.
Mr. Olmedlllo: For the record. I would IIke to add certain things that we
have already conversed with the applicant, Is that we provide buffers, but
this has to be a voluntary covenant submitted by the applicant, buffers to
separate the school from the commercial area, and the residential areas.
Mrs. Kennedy: Will the applicant provide the landscape buffer?
Mr. Robert Traurig: Yes, we will, and between first and second reading we
will deliver a covenant to the Planning Department and the City Attorney's
office, providing for the covenant on the north side and the west side of the
property. For the record, my name Is Robert H. Traurig.
Mr. Plummer: I second the motion.
Mayor Suarez: Moved and seconded. Go ahead, Bob.
Mr. Plummer: Now, If you talk, I am going to withdraw my second.
Mrs. Kennedy: Let's go. Quit while you are ahead.
Mr. Plummer: You've got your name on the record, you will get paid, there Is
no reason to go through all of this.
Mayor Suarez: The covenant Is going to Include the recommendation...
Mr. Traurig: I want to take the risk of his withdrawing the second so that l-
Can Introduce...
Mr. PILmner: 1 withdraw my second!
Mr. Traurig: So I can Introduce the distinguished and esteemed Chairman of
the Board, Mr. Botlfol.
Mr. Plu!m*r: He gets paid either way.
AN ORDINANCE ENTITLED -
AN ORDINAME AWNDING THE ZONING ATLAS OF ORDINANCE
NJ. 8500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 4220, 4234 AND 4244 N.W. 2ND STREET, AND
APPROXIMATELY 4225 N.W. 1ST STREET, MIAMI, FLORIDA
(MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-1/3
GENERAL RES I DENT I AL (ONE AND 'TWO -FAM i LY) TO CR-2 /7
CC&VIERCIAL-RESIDENT IAL (CW"ITY) BY MAKING FINDINGS:
AND BY MAKING ALL THE NECESSARY CHANCES ON PAGE NO-
32F OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO.
9500 BY REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was Introduced by Commissioner Dawkins and seconded by Ccmnlssioner
Plummer and was passed on Its first reading by title by the following vote -
AYES: Ccnmissloner Joe Carollo
Commissioner J. L. Plummer, Jr.
Comissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller Dawkins
The City Attorney read the ordinance Into the public record and
announced that copies were available to the members of the City Commission and
to the public.
11. DISCUSSION AND TEMPORARY DEFERRAL OF PRPOSED FIRST READING ORDINANCE -
ATLAS CHANGE AT APPROXIMATELY 1548-1636 BRICKELL AVE. FROM RG-2.1/3 TO
RG-2.1/5 MAINTAINING THE SPI-4 BRICKELL AREA MAYOR STREETS ONEDAY
DISTRICT.
Mayor Suarez: Planning and Zoning Item 4.
Mr. Olmedllio: This Is an application for a sector change. I must explain
that last night counsel for the applicant gave us a copy of a covenant, not
recorded that fulfills most of - all of the concerns that the Planning
Department had expressed In our meeting.
Mayor Suarez: Is that most or all, now?
Mr. Olmedlilo: All, all of then. When we looked at this application we had
originally said that we felt concerned for the buffer that we needed between
the lots In Question, and the South Miami area, the South Mlarnl Avenue area,
and also that the height should be of certain concern, because of the
residential area In the back, and Its proximity to the RS-1 district, which Is
a single family residential district In the back, and the landscaping
treatment for the application, so please read In the reocmnendatlons that the
Department Is recommending approval upon fulfilling the conditions contained
In the covenant which was submitted last night by the applicant.
Mr. Plummer: Question of the City Attorney.
It bank to the board?
Mrs. Daugherty: Accept the covenant?
Mr. Plummer: The covenant.
Can we do that without sending
s
Mr. Plumper: OK, we have not seen then, so we don't know what they are.
Mr. Tony O'Donnell: Mr. Mayor and members of the Cammission, for the
record...
Mr. Plummer: EYC:uSe me. Mr. Mayor, can we have a copy? We are the ones that
are voting. It would seen logical that we should have a copy of the
covenants.
Mayor Suarez: Absolutely. These things always seems to happen at the last
moment, don't they?
Mr. Dawkins: I don't need It, because you see every time they get a covenant,
they don't mean a damn thing, all right, you can go Fran... what Is this thing
over here, Claughton Island? I don't need It. Don't bring me no variances.
None of then! It don't mean a damn thing, when you all get ready with what
you want, you what you want, and me and the neighbors be damned.
Mr. Olmedillo: I must add the covenant has not been reviewed by the Law
Department, due to the lack of time. It was received last night by...
Mr. Plummer: Well then, let's Just defer this Item. I mean, this Is
ridiculous. At this minute you bring me In this thing. You have not gone
over It. I have not gone over it, and you are going to sit here and ask me to
vote on an Item? No way! I move for deferment.
Mrs. Kennedy: I second.
Mr. Dawkins; Second!
Mayor Suarez: Moved and seconded and thirded. Do you want to speak for the
motion for deferral?
Mr. Tony O'Donnell: Yes, Mr. Mayor. For the record, my name Is Tony
O'Donnell with law offices at 1401 BrIckeII Avenue. The covenant that was
submitted In final form to the Planning Department this week was submitted in
substantially the same form prior to our hearing before the Zoning Board. The
only difference Is our description of the landscape buffer at the rear of the
property, In which we agreed with the Planning Department to put In their
restrictive landscape buffer language with a landscape plan; so the Law
Department has reviewed the legal form of this covenant In the past, and the
only difference Is the substantive landscape buffer at the rear of the
property, which we think is what the Planning Department was requesting at the
Zoning Board, and we agreed after the Zoning Board recvrmended unanimously in
favor of our application.
Mayor Suarez: What changes to the covenant have been made?
Mr. Plummer: 1 don't disagree with you...
Mayor Suarez: Go ahead, Carmissloner.
Mr. Plummer: ... but I think It Is unfair to these people who are sitting
here making votes, to bring in a covenant that we have not read, to have a
department that Is now willing to change their recommendation from denial to
approval, and stand there and say to me that they have not even had the
opportunity to verify this thing! That Is unfair to us.
Mr. Olmediilo: Excuse me, sir.
Mr. P I urmer : It Is not your fault.maybe. All I am saying to you is, lam
not prepared to vote. I am not going to vote on this Issue until I understand
the issue, and 1 don't think It Is fair to ask any one of us sitting up here.
Now, you can defer It until this afternoon. If 1 get a chance to read it at
lunch time, that Is fine.
Mr. O'Donnell: We'd appreciate that. U mmissloner, because we believe we have
the reccmmendations of the Zoning Board. of the Planning Department. We have
discussed It with the neighbors, and we think this Is a good application. We
would like to hear it this afternoon if It Is possible.
September 25, left
lid
Mr. Plummer:
1 have no problem with that, assuming I have time at lunch
to _
read over the
Issue. Unfortunately, I am
one of the guys that do their
hcmework .
Mrs. Kennedy:
Don't we have a luncheon somewhere that all of us have
to
attend?
Mr. Plummer:
That Is Roger Carlton's "Day In
the Street."
Mayor Suarez:
I Just want to be absolutely
sure that If we do defer It,
we
announce that
It will be heard again, so that anyone that may be here,
or
wants to be heard on this Item will have an
opportunity to Cane back.
OK,
what Is the Cc misslon's pleasure?
Mr. Plummer:
Is there anyone here that Is on
the Item besides the people that
are the applicants? So. there Is no problem.
There Is a lady - hello?
Mr. O'Donnell: No, she Is with us.
Mayor Suarez: She Is on your side.
Mr. Plummer: 1 am sure you will be affording her the opportunity to return in
a IlmousIne that you will provide.
Mayor Suarez: Is that the Commission's pleasure? Is that the Import of the
motion then, to have It reconsidered in the afternoon, presumably?
Mr. Plummer: That Is fine with me, Mr. Mayor.
Mayor Suarez: We really don't have to take a vote, I guess.
(THEREUPON, AGENDA ITEM PZ-4 WAS TEMPORARY DEFERRED)
12. ACCEPT GRANT OF $100,000 FROM THE STATE OF FLORIDA TO BE USED FOR
PFIOMDT I ONAL EXPENSES RELATED TO THE " 1986 ORAfV',,,E BLOSSOM CLASSIC . "
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Carmissioner.
Mr. Dawkins: May I take the privilege of asking Ccm issIOner Carey,
to came
up with her Items we will extend her that courtesy?
Mayor Suarez: Yes.
Mr. Dawkins: I would expect her to do the same thing, so i wouldn't
have to
sit through her Camrission meeting If 1 had an Item over there.
Mayor Suarez: We made you wait eight - and - one-half minutes. If
we are
ever up there, rarember us.
Mrs. Barbara Carey: Thank you very much, and I t I s good to be here
w I th you
today and see all of you. I am here on three Items and I don't even
know the
number of them, but 1 know they are on your agenda. Mr. Mayor
and Mr.
Dawkins, do you know what Items they are?
Mrs. Kennedy: Could you tell us what they are about, maybe we quid....
Mrs. Carey: i see there. They are Items 13, 14 and a special iten.
Mayor Suarez: Yes, they are after Planning and Zoning.
Mr. Plummer: 13, 14, and what?
Mrs• Carey: It has to do with the City accepting a grant from the
State of
Florida for promotional expenses for the Orange Blossom Classic and...
17
Mayor Suarez: We are very good at accepting grants.
Mrs. Grey: Well, that Is Item 13...
Mr. Plummer: Barbara, 1 Ott sorry, you said three items?... 13, 14 and...?
Mayor Suarez: 13, 14 and 15.
Mrs. Carey: Its 13, 14 and one that the Mayor Is going to bring up for
operating expenses.
Mr. Dawkins: No, no.
Mayor Suarez: I'm sorry, 13...
Mrs. Kennedy: 13 Is Melrose Nursery, I am sure that Is not your Item.
Mayor Suarez: 13 and 147
Mrs. Carey: 13 and 14 and a special Item that the Mayor Is supposed to
present this morning.
Mr. Dawkins: You bring a special Item?
Mr. Plummer: Ohhhhhh! Whatever that Is, It Is dead! (LAUGHTER) The Mayor
would bring up a pocket Item? Oh, n00000! I Invoke the rule, whatever the
he I I It Is! ( LAUGHTER )
Mayor Suarez: Walt until I came before the County Carmission! You are going
to see. I am going to embarrass you!
Mrs. Carey: Well, I an a little bit embarrassed now, because I don't know
what Is going on. You will have to tell me.
Mayor Suarez:
OK, we don't have pocket Items. There must be an emergency
nature to the
Item.
Mr. P I ummer :
(LALX HTER )
Mayor Suarez:
Go ahead, proceed on 13, which is the easiest one.
Mrs. Carey:
OK, can you take them in order, number 13 first, 14 and then'the
special Item.
Mayor Suarez:
That Is the acceptance of the...
Mr. CaroI 1 o :
Moved.
Mr. Plummer:
Mr. Mayor, they are part of the consent agenda, and I don't know
anyone who Is
opposed to then. Just move then and...
Mrs. Kennedy:
Absolutely not!
Mr. Plummer:
Excuse me!
Mayor Suarez:
Well, It Is accepting a grant, so it is better than consent.
Mr. Plummer:
Oh, I am sorry, It starts at 12, 1 am stand corrected.
Mrs. Kennedy:
I move it. Willer, you brought it up, do you want to move it
and I will second?
Mr. Dawkins:
No, problem! Second. It has been moved and seconded.
Mayor Suarez:
Moved and seconded, acceptance of the grant under Item 13. Any
discussion? Call the roll.
1$ Copt $
- ..:.. ' tt�>41
-.,....-..:--. N„r..r:+�y'+et•rrv—f_'y'Y��trMat.aem�LMa^*M 311a4�i
The following resolution was Introduced by Commissioner Kennedy, who
moved Its adoption:
RESOLUTION NO. 86--752
A RESOLUTION AUTHDRIZ1NS THE CITY MANAGER TO ACCEPT A
GRANT IN THE AMOUNT NT OF $100, 000 FROM THE STATE OF
FLORIDA TO BE USED FOR PROMOTIONAL EXPENSES RELATED TO
THE 1986 ORANGE BLOSSOM CLASSIC TO BE HELD IN THE CITY -
OF MIAMI ON OCTOBER 12-19, 1986; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
N A FORM ACCEPTABLE TO THE CITY ATTORNEY WITH THOSE
INDIVIDUALS WHO ARE SPONSORING THE ORANGE BLOSSOM
CLASSIC, SAID AUTHORIZATION BEING CONDITIONED UPON
SUBSTANTIAL CCWL1ANCE WITH CITY OF MIAMI
ADMINISTRATIVE POLICY ND. APM-1-84 DATED JANUARY 24,
1984. -
(Here follows body of resolution, anitted here and on
file In the Office of the City Clerk.)
Upon being seconded by Carmissloner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NDES: None.
ABSENT: None.
13. EMERGENCY ORDINANCE: ESTABLISH NEW SPECIAL REVENUE FUND "ORANGE BLOSSOiV'.
CLASSIC-1986."
Mayor Suarez: Agenda item 14 is a companion Item.
Mayor Suarez: Under discussion.
Mr. Dawkins: Under discussion, this money was appropriated by the State of
Florida. The City of Miami Is only the custodian of this money. We do
determine... the City of Miami does not determine how It Is to be spent, why
It is spent. We only reimburse any Invoices that cane from Miami - Dade
CammunIty College.
Mr. Carollo: What did you say about Miami Dade Community College?
Mr. Dawkins: We only... it Is not a conflict of Interest. We only reimburse
Miami - Dade CcmmunIty College for expenditures that they make dealing with
the proyat Ions.
Mr. Carollo: With the Orange Blossom? -you're saying.
Mr. Dawkins: With the Orange Blossom Classic, yes.
ii
i
7
Mr. Carollo: I Just wasn't aware they were that deeply Involved, Miller.
Mayor Suarez: OK, call the roll on Item 14.
Ms. Hirai: It Is a first reading.
Mr. Odlo: Why are they taking this now?
THEREUPON, THE CITY ATTORNEY BEGAN READING THE ORDINANCE INTO THE PUBLIC
RECORD, BY TITLE ONLY.
Mr. Plummer: Excuse me Madam City Attorney. My agenda show nothing as an
emergency ordinance.
Mrs Dougherty• That Is why I was going to tell you at the end of reading it,
that you should Interlineate an emergency ordinance. It will not take effect
In time otherwise.
Mr. Plummer: Go ahead.
AN ORD I NNNCE ENT I TLED-
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED: "ORANGE BLOSSOM CLASSIC -
1986% AND APPROPRIATING FUNDS FOR THE OPERATION OF
SANE IN THE AMO(NT OF $100,000 FROM THE STATE OF
FLORIDA: DEPARTMENT OF 1O MVERCE; DIVISION OF ECONOMIC
_ ..
DEVELOPMENT, TO PROMOTE THE ORANGE BLOSSOM CLASSIC TO
BE HELD OCTOBER 12TH THPOUC,Ti 19TH, 1986; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was Introduced by Canmissioner Kennedy and seconded by CortmIssIoner.
Dawkins, 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: Carmissloner Joe Carollo
Connlssioner J. L. Plummer, Jr.
CvrmIssIOner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NDES: None.
ABSENT: None.
ON ROLL CALL:
Mr. P1urmmer: On first reading, yes.
Whereupon the Owmisslon on motion of Cam IssIoner Kennedy and seconded
by O mnissioner Dawkins, adopted said ordinance by the following vote -
AYES: Cmmissiover Joe Carollo
Ccnmissloner J. L. Plummer, Jr.
Commisslover Rosario Kennedy
Vice-#Myor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: hone.
SAID ORDINANCE WAS DES I GNIA=TED ORDINANCE ND. 10147.
The City Attorney read the ordinance into the public record
and
announced that copies were available to the members Of the City Cam ission
and
to the public.
20 Wtafftr 25,
19> °i
14. ALLOCATE $35,000 IN SLPPORT OF THE "1986 ORANGE BLOSSGM CLASSIC."
Mayor Suarez: Now, you wanted to make a personal appearance to tell us on an
emergency basis why you wanted additional funds, Is that the reason? Now I
remember.
Ms. Barbara Carey: Yes. Not additional funds, Just funds that we...
Mayor Suarez: From the City, then.
Ms. Carey: Fran the City. yes. These funds came from the State of Florida
for the classic for pramotlonal activities. We cannot use then for operating
costs. Since we have had the classic here, and It Is In the City of Miami,
the City of Miami has funded us... has given us money for operating expenses
with the County and so this year we wrote a proposal, and asked that you
continue to give us those funds to operate that activity in the City of Miami.
Mr. Carollo: Barbara, how much did the County give then.
Mrs. Carey: $35.000.
Mr. Carollo: The County has given $35,000?
Mrs. Carey: Right.
Mayor Suarez: For how many years has this been going on, Carmissioner? The
Clty's funding, that Is, or matching.
Mrs. Carey: Well, I don't know, but ever since I have been here In the City
of Miami, the City has given money for this activity. The Classic was here
for 50 years and has cane back.
Mr. Plummer: It was a I I except two years, it went to Tama. Barbara, you
know, I've got to be honest on this thing, OK? The question that Cam Issioner
Carollo asked you, is to how much Is the County giving? Where did that money
cane from? It came from T.D.C. money, and that money...
Mrs. Carey: No, It didn't, It came from a special fund that we set up under
our Called, CamnunIty Grants Program. We took it out of the General
Funds, put It In Community Grant, and we give...
Mr. Plummer: It didn't come out of AMC?
Mrs. Carey: No, It did not. We appropriated last year $500,000 for that
fund, and we sponsored the programs that were called CannunIty Programs and It
was out of our general fund.
Mr. Plummer: Ok.
Mr. Caro IIo: Well, maybe this Is one that we could put for my oemmunIty
programs, there are four of then.
Mr. Plummer: Well, that Is what 1 was Just thinking. That Is where, If you
are going to go to four, then this one could be Included In it.
Mrs. Carey: We did the same thing this year, put money to that program called
Camnunity Grants, and that Is where we will get the money fram. It does not
came out of T.D.C.
Mr. P I Lmner : F I ne . I guess the appropr I ate thing I s , based on Cay mm 1 ss I over
Caro I I o' s statement of this morning, that It show I d be one of those Item to
be considered at that time with those four designated, which we called,
History of Miami kind of things, and surely this would qualify.
Mayor Suarez: When Is the event taking place?
Mrs. Carey: Well, we don't have very much time, It Is October ISth, and we
have a l ready met with your staff, and talked about what the monies will go
21
Stemr 25, 1I
7
for, to oay for police service and cleanup
activities and for the
stadium and
all this operating expenses that we need.
Mayor Suarez: I have no problem voting
on It now, but i do
believe the
consensus of the CTmisslOn Is In favor of
It. We are trying to
establish a
process that makes a little bit more sense
than what we have had
In the past,
i
similar to what you described, by the way,
of a caTmnity fund.
Mr. Plummer: Well, Mr. Mayor...
Mayor Suarez: Yes, Carmissioner.
Mr. Plummer: ...not In deference to Cannissioner Carollo, but let me tell you
how we handled this last year. We made the City a cosponsor of the event and
as such, It was saTr-what under our control. Camnissloner Dawkins was directly
Involved, and as you know my feelings, 1 would still be In favor of granting
that because there Is no way that CemnIssIoner Caro IIo's good ordinance... I
think It Is a damn good ordinance, can came Into effect, and as long as the
City Is a cosponsor and Commissioner Dawkins Is directly Involved In the say,
would have no problem whatsoever of granting that again this year, and that
Is predicated on the City being a cosponsor.
Mrs. Carey: Thank you Carmissloner Plummer.
Mr. Plummer: Well. I can't say what the rest are going to do.
Mrs. Carey: They will be. Canmissioner Dawkins Is on the executive committee
of the Classic activity.
Mr. Plummer: I might withdraw my motion!
Mrs. Carey: Yes, we certainly have a lot of input from him.
Mr. Carollo: I think that all events such as this that we have sponsored In
the past, we sponsor them with the Intent of being a cosponsor.
Mr. Plummer: I will so move, if somebody wants to second.
Mrs. Kennedy: Second.
Mr. Carollo: Second.
Mayor Suarez: Moved and seconded. Any further discussion? Assuming none,
call the roil.
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner Dawkins.
Mr. Dawkins: This will be the recommendation that I will make for Dawkins.
OK, hold on a minute. i am going to make a point over here, and then we will
get back to you... that when we do cane up with the four that we are going to
sponsor, this will be the one I on going for. I want to go tell SunStreet
Festival, and everybody else, that this Is the one that I will be recommending
as one of the four that we are going to fund.
Mrs. Kennedy: It certainly meets the guidelines.
Mr. Dawkins: All right, thank you. Call the roll.
Mayor Suarez: Call the roll.
7
11
The following resolution was Introduced by Crnmissloner PlUm*r, Who
moved Its adoption:
RESOLUTION NO. 86-753
A RESOLUTION ALLOCATING AN NVIOLWT NOT TO EXCEED
$35,000 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND, IN SUPPORT OF THE 1986 ORANGE BLOSSOM CLASSIC,
TO BE MELD OCTOBER 12-19, 1986; FURTHER PROVIDING THAT
THE C I TY BE OO-MMD AS A SPONSOR OF THE EVENT; SA I D
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ACMINISTRATIVE POLICY
NO. APM-1-84 DATED JANUARY 24, 1984.
(Here follows body of resolution, amltted here and On
file in the Office of the City Clerk.)
Upon being seconded by Co missioner Kennedy. the resolution was passed
and adopted by the following vote -
AYES: Catmissloner Joe Carollo
Cammissloner J. L. Plummer, Jr.
Conmissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NDES: None.
ABSENT: None.
Mayor Suarez: Thank you, Ccmnissioner.
Mrs. Carey: Thank you very much. Have a good day:
Mr. P I Lfmfler : Three to go.
Mayor Suarez: At the risk of losing mamentun once the vote Is taken, there
■ Is no need to make a statement. Good to have you hear this morning.
3
Mr. Dawkins: And thank Mrs. Dawkins for oohing too. Will you all tell Mrs.
Dawkins thanks for caning too?
r Mayor Suarez: Good to see you here, Ma'am.
x;
is
s
15. DISCUSSICN AND DEFERRAL OF APPEAL BY OBJECTOR - REVIEW OF SPECIAL
EXCEPTION PEFIMITTING ACCESSORY INSTALLATION AND FACILITIES AT 5950-60--80-
90 N.W. 7 ST. (PAN AMERICAN HOSPITAL CORP.) TO THE MEETING OF OCTOBER 23,
1986.
Mr. Olmedillo: This is an appeal by objectors to the granting of a special
exception for...
Mayor Suarez: May we establish, Mr. Court Reporter, your name and whose
behalf are you here?
i
Mr. Don LeveII Don LeveII of FrIednan, Lambardy, Gendron & Brumn, for Broad
and Cassell and Pan American Hospital.
Mayor Suarez: Thank you. sir. Go ahead, Guillermo.
Mr. Olmediilo: Special exception as the AG,-3 land use reads "that It needs
the granting of a special exception, to be able to use 100 percent of the
building for rmedIcaI offices." This was before the Zoning Board, and It was
granted - a special exception was granted on a seven to two vote. The ma In
concerns of the area have been the parking. the Impact on the neighborhood,
and the traffic generation. The Planning Fear tmmnt set down with the
applicant and Systematically went through each one of these concerns. We
?l
23 Sept r 25, 1986
resolved all of them except one. The ones that we had resolved was that the
hospitals were going to Improve their parking area so that they would have
additional parking. That, besides the 12 parking spaces which they provide
for the premises; they are going to provide an additional ten spaces off site,
and they are going to have a 24 hour towing service at the disposal of the
residents of the area so that when there Is a car Illegally parked in front of
their properties, It can be towed away by this service; that the applicant
would pay for a traffic light, a pedestrian light, to allow pedestrian
crossings on the street, on 7th Street; that the operating hours be limited
from 8:00 to 6:00, and that certain activities will be eliminated from the
RG-3 use. The one point that the Planning Department and the applicant did
not reach an agreement on, was that the Planning Department wants to revisit
the use of the property within a year. The applicant feels that they can
apply remedies. The Planning Department again wants to revisit, they use the
whole thing, not Just apply remedies to certain things that are occurring. We
feel that there are remedies applied now, but we don't know what the Impact Is
going to be one year from now, therefore, the Planning Department had
recommended denial, pending that the use be revisited, the special exception
section.
Mayor Suarez: You are saying that they would accept the application of
remedies, Is that what you are saying?
Mr. Olmedlllo. They, the applicant...
Mayor Suarez: But not to revisiting within a year.
Mr. 0ImedIIIo: Not the revisiting of the use.
Mrs. Kennedy: That Is realty the only thing that you are a part of, on...
Mr. Olmedillo: Is the difference, right. As you know, the special exception
section of the ordinance allows us, enables us to place conditions to protect
the neighboring areas. That Is very specific.
Mr. Carollo: If I may...
Mayor Suarez: Commissioner Carollo.
Mr. Carollo: I was one of the members of this Commission that was part of the
old Cammission when this was approved, and was one of the ones that voted at
that time In favor this particular item. My understanding is that Yolando
Lezcano has been trying to sit down with me and speak to me on this matter,
and I certainly don't want anyone to think that our minds are already made up
without sitting down with the residents of that area, so I would like this
Item to be deferred until she has the opportunity with her group of residents
In the area to be able to sit down with me and explain to me whatever new
Information they might have on the subject.
Mrs. Kennedy: Cannissioner, this Item was scheduled. Why couldn't she be
here now?
Mr. Carollo: Excuse me?
Mrs.
Kennedy?
Why couldn't Yolanda Lezcano be here now?
Mr.
Carollo:
She Is here now, but the problem Is that...
i
t
Mrs.
Kennedy:
Oh, she... you just want to meet with her?
Mr.
Carollo:
...as you know. Cormmissioner, you and I were out of town for
about a week.
When I came back, I have on I y been In town for about
three
days, I've had a lot of work. so 1 haven't had the opportunity to meet
with
f
any
of them,
IIke It Is my understanding they wanted to, therefore, 1
would
like to have
this Item deferred.
J
4
Mr.
Plummer:
Is that a motion?
i
Mr.
Carollo:
It Is a motion for deferment.
w
Mr.
Plummer:
Second.
20 September 26.
1986
A
Mayor Suarez: So moved and seconded.
Mr. Plummer: Seconded. Mr. Mayor, Just for the record, It has always been the
courtesy extended, an unwritten rule from one Commissioner to another that If
a Carmnissioner doesn't feel that he Is prepared to vote on the Issue at this
time, we have always gone along with one deferment.
Mr. Cardenas: May I ask one question?
Mayor Suarez: Counselor.
Mr. Cardenas: Commissioner, we have approximately 30 or 35 people In favor of
the application who cam here. I was wondering If it could be deferred to
maybe the first Item In the afternoon, and that way...
Mr. Cardenas: Al, let me be very blunt with you. The same way that I was
blunt In supporting this In the past when it carve up a year ago. whatever time
It did, In speaking my mind In what I thought was right and Just In this Item,
I don't think It Is fair to say, you know, boon!... I go out in the hallway
and meet with the rest of then there for three or four minutes and then bring
It back In the afternoon. I am not about to be accused of voting on this and
my mind already made up, and that gives the residents of the area the
opportunity that they deserve to sit down with me and explain whatever they
want to me, whether I will agree with then, or not agree with then, so what I
am asking Is for a deferment to the next Zoning meeting so that those
residents could have the opportunity of meeting with me, like they want to.
Mayor Suarez: I am going to vote against the deferment, I am ready to vote on
this Item - until you hear a ocmplete presentation, that Is up to the
Carmission. My policy Is not to defer unless an absolutely a good and
essential reason Is stated, and I have not heard one today.
Mr. Carollo: Well, Mr. Mayor, you know, It Is funny, every time that
something has been brought up for deferment, It seems to me that you have been
In favor of It. All of a sudden, you are not In favor of It. It seems to me
that maybe, you know, it depends on what Individuals might bring something up
to the City Ca m ISslon that you are In favor of deferment. I know that for
Instance, In the case of Watson Island, you never would have been in favor of
deferring anything there. That I could understand. Maybe we have got the
same syndrome in this particular Item.
Mayor Suarez: Any further discussion from the Ccnmisslon on the motion for
deferral?... and it would be reset for when, Commissioner?
Mr. Carollo: The next Zoning meeting that we have.
Mayor Suarez: That Is October 23rd?
Mrs. Kennedy: Can we take It up this afternoon?
Mayor Suarez: The maker of the motion has to...
Mr. Carollo: 1 made my statements to that. Cmmissioner.
Mayor Suarez: He made his statement on that point. It has been moved and
seconded.
Mr. Dawkins: Who seconded It?
Mrs. Kennedy: Plummer seconded It.
Mayor Suarez: CaTmissloner Plummer seconded it.
Mr. Dawkins: You second it?
Mr. PIumTer: Yes.
Mr. Dawkins: Well. I am going to tell you. I am going to vote against it,
and I am with the peop 1 e. but I am the on 1 y one up here who a I ways asks for
deferrals and I never get them. Now, go back and check the records and you
will see where Miller Dawkins will be the one who Says, "I'd like to have this
deferred," and everybody says, "Oh. no, we are going to hear It now." so I
want to hear It now.
25 tur 25, left
Mr. Carollo: To my colleagues, If you all want to Just ram this through, and
not give the residents a chance to sit down with Individual members of this
Camnlsslon like they requested, that Is fine! Then you all go ahead and face
the public when they start saying some of the things that are already being
said, that I fine! You know, I this CcmnIssIon has =do up Its mind whether
It wants to do whatever It wants to do with this Iton. that Is fine, you know,
let's not make a mockery out it. Let's Just say, "Hey, the dye Is cast, the
deal Is made. We are voting for It. There Is no need to bring it up to this
Carmisslon, there Is no need for discussion." At the same time, let's Just
tell the counselor, you know, he can go right now and tell our Planning
Department people and this gentlemen, you know, can save a lot of
paper over here, and let's Just vote for It and that's It.
Mr. Dawkins: All 1 am saying Is, I am ready to vote for It, and nobody heard
me say 1 am voting for It, or I was voting against It. All I said, I am ready
for It to be put to bed one way or the other. Why should we continue to have
these Individuals take time off from their Jobs and their family life to keep
coming back down here, and we keep putting it off. Either we are going for it
today, or you are not going for It. Now, I am here to say that along the way.
we fouled up, and I am not ashamed to say It...
Mr. Carollo: The difference Is that we...
Mr. Dawkins:... because when we rezoned this, then we left the door open,
which makes It legal. I am still not saying 1 am going to vote for it, but
Madam City Attorney, doesn't the RG classification make this permissible, even
though It doesn't permit It?
Mrs. Dougherty: It makes permissable, yes.
Mayor Suarez: Yes, Sergio likes that distinction, permissible, although not
necessarily permitted.
Mr. Dawkins: Somebody ecme up here and tell me...
Mr. Olmedillo: Right, permitted Is when It Is permitted by right - you have
the right to It.
Mayor Suarez: No discretion on our part to...
Mr. Olmedlllo: Right. Permissible Is when you can apply certain conditions to
It so you can live with It. In this case, the special exception allows us to
apply all kinds of conditions to retain the neighborhood character and the
quality of the neighborhood.
Mr. Plummer: Well, may i ask a question very quickly? 1 see that there Is a
nuT ber of neighbors here. You have added to this a number of stipulations,
that If granted, what the applicant would be agreeable to do. to try to
alleviate the problem. Has that in any way changed the mind of the neighbors
and the opponents? Are they here to say that they are now In favor based on
these stipulations or are they still opposed?
Mr. Cardenas: Ccmnissloner, why don't you ask how many people are in favor
and...
Mayor Suarez: Well, wait, wait, before that, because technically, we have an
applicant, because this Is an application from a grant, so Is the applicant
represented by counsel, or Is she by herself?
Mr. Carollo: Mr. Mayor, It would be very hard for any citizen of this
oclnnunity, that makes what the average resident of this canmunity makes to be
able to afford counsel, Now, maybe you might want to volunteer to provide
counsel for them, since you are such a...
Mayor Suarez: You want to tell us hcw you feel about a motion to defer?...
because that really Is what Is before this Commission right now. You are
welcome to try It In Spanish, we will have scrrebody translate.
Mr. Dawkins: 'fell her In Spanish, she don't speak English.
Mayor Suarez: (CCfdt&NTS IN SPAN 1 SH )
26 25. 1
Ms. Yolanda Lezcano: (TRANSLATED BY AURELIO PEREZ-LLGONES) My name is Yolanda
Lezcano, and my address Is 571 N.W. 6Oth Avenue. I thank the Commission for
giving this opportunity to me, and 1 am very happy In seeing new faces in the
Carmisslon, and she expected there would be cooperation with her and I have
united myself with the neighbors In this area, because I believe that this Is
a great Injustice. I am bringing with me 150 signatures I collected house by
house.
Mr. Plummer: Excuse me. You must speak to the motion on the floor. The
motion on the floor is a deferment. Now, It Is proper to hear conversation of
for or against the deferment.
We will get Into the Issue either today, or at a later date, but please keep
the comments to the motion.
Mr. Perez-Lugones: (TRANSLATES OCIWOENTS IN SPANISH)
Mr. Plummer: She Is obviously in favor of the deferment.
Mr. Caro IIo: If I may explain to her, J. L., what the question is that we
have before us now... (ONTS IN SPANISH)
Ms. Lezcano: (COVNENTS IN SPANISH)
Mayor Suarez: Let me just say samething, that Is not a correct statement,
because no Carrnissioner so far has stated how they intend to vote on this
Item. The only thing we know is that...
Mr. Carollo: Well let me tell you something, I would take a bet right now of
how you are going to vote...
Mayor Suarez:... Ccmmissioner Carollo, by his own statement today previously
voted in favor of this rezoning, that Is all we know so far.
Ms. Lezcano: (ODNMNTS IN SPANISH)
Mr. Perez-Lugones: (OOVMENTS IN SPANISH)
Mayor Suarez: Are you saying that you wanted to...? She says she wants to be
heard. She still doesn't understand.
Mr. Carollo: (C3VMENTS IN SPANISH)
Ms. Lezcano: (AS TRANSLATED BY MR. PEREZ-LUQONES) She believes that those who
want to vote in favor or against should do that. She had to take her kids to
the school before the time they were due, because of the meeting. This
situation is creating many problems. It has taken a long time, and it has
been over a year now. There are many people who came In today, and they are
losing work time. Many people could not attend because they are working, and
this Is making therm lose a lot of time. The only thing that you have to do Is
say yes or no. They are very thankful of Mr. P I ummmer, who knows how to say
no.
Mayor Suarez: Wait, let me propose something. Would you like to table this
for a wh I I e unt 1 I you can exp I a l n to her, Comm I ss I over, what I t I s that you
recommend to her that she do with this Item?
Mr. Carollo: The bottan line, Mr. Mayor, Is that I arm asking for a deferment
so that I can meet with sane of the neighbors from that area that have asked
to meet with us. I am asking for It to be placed at an appropriate time so
that it would not interfere with people's work, or the taking care of
Children, or picking then up fran school, or what have you. What I am asking
Is for It to be heard at the next Zoning Commission meeting In the late hours,
or evening hours.
Mr. Perez-Lugones: After 5:00 p.m.?
Mr. Carollo: That is my motion, and this Commission can vote it down or not.
Mayor Suarez: What I am saying 1 s , because the app I i cant seems to not agree
w 1 th you. wou 1 d you I I ke to have t ime? - and we can take up the matter a
little bit later to explain It to...
27 Septtrrt�oer 26,
i
Mr. Carollo: I have made my motion, Mr. Mayor.
Mr. Dawkins: J.L., do you go along with the second, I mean, the seconder for
the motlon?
Mayor Suarez: We have a motion to defer.
Mr. Plummer: My colleague Miller Dawkins, It has always been my position that
when a colleague asks for a deferment who has stated on the record that he is
not prepared to vote on an Issue, 1 think It Is unfair to ask of him, without
having all the knowledge that he wants. You know, I could never force down a
colleague's throat to ask him to vote on an Issue that he Is not prepared to
vote on. I think that Is wrong, so yes, I do continue my second.
Mrs. Kennedy: Here Is how feel, my staff and I have met with many of the
people here on both sides. I think I know all of the Issues and I am ready to
vote; however, every time 1 have asked for a deferment, my colleagues have
granted them to me. so I have to go along with the motion. I think It Is
unfair, but I have to go with it.
Mayor Suarez: Any further discussion from the Carmisslon on the motion for a
deferral? That would be until the next Planning and Zoning agenda, October
23rd.
Mr. Dawkins: In the afternoon, after 5:00 o'clock In the afternoon.
Mr. Carollo: That's correct.
Mayor Suarez: After 5:00 p.m. Any further discussion? Call the roll on the
motion to defer.
AYES:
NDES:
ABSENT:
THEREUPON, UPON MOTION DULY MADE BY COMIAISSIONER CAROLLO AND
SECONDED BY CCNMISSIONER PLU4&R, THIS ITEM WAS DEFERRED FOR
CONSIDERATION TO THE COMMISSION MEETING OF OCTOBER 23, 1986,
AFTER 5:00 P.M. BY THE FOLLOWING VOTE:
Crnm i ss i oner Joe Caro I l o
Ccmnissioner J. L. Plummer, Jr.
Ccmnissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
None
16. (A)DISCUSSION AND DEFERRAL OF APPEAL BY OBJECTOR - REVIEW OF VARIANCE
GRANTED BY ZONING BOARD PERMITTING A SECOND STORY ADDITION TO EXISTING
STRUCTURE AT 5965 SW 8 ST, TO THE MEETING OF OCTOBER 23, 1986.
Mayor Suarez: Planning and Zoning Item 6.
Mr. OlmedlIlo: Mr. Mayor and Urrmissioners, the subject property Is located
on 59th Avenue and 80th Street on the Trail, the requested variance...
AT THIS POINT, THIS ISSUE IS MOMENTARILY DEFERRED.
28 wtember 25.,
16. A(I) REPORT BY CITY ATTORNEY ON LAWSUIT FILED AGAINST CITY AND
COMMISSIONERS.
Mrs. Dougherty: I have an announcement.
Mayor Suarez: Madam City Attorney... wait a minute, Guillermo - Madam City
Attorney?
Mrs. Dougherty: Yes, I've Just heard from my lawyers and the court dismissed
the lawsuit against the City and the Cemmissloners for lack of jurisdiction,
with leave to amend after we passed the ordinance today, depending On what we
do.
Mr. Dawkins: You earned your money today.
Mr. Plummer: That takes the prematurity out of it.
16. (B) OONT I NLAED D I SCLISS I ON OF AGENDA PZ-6 AFF I RM D 1 SCII ION OF ZON 1 NG BCARD -
GW4T I NG A VAR I ANOE - PERM 1 T SECOND STORY AID I T I CN TO EXISTING STD
AT 5965 SIN 8 ST . ( SEE LABEL 1")
Mr. OlmediIlo: To reduce open space requirements and reduce the front yard
requirement and to reduce parking frem 14 to 4. The Planning Department has
reearmended denial of this application. because of their parking situation on
Sth Street and surrounding areas around 59th Avenue. It Is critical. There
Is no parking provided there. The Increase In building area will generate
more parking needs and there Is not a possibility to provide this required
parking for that particular property, therefore, the Planning Department
recommended denial of the drafting of the variances. The Zoning Board
recammended on a seven - two vote to approve the variances requested, and as I
said before, this Is on appeal from an objector.
Mr. Plummer: So we hear from the objector first.
Mayor Suarez: Is the appellant here?
Mr. Olmedillo: Vicente Pino.
Mr. Vicente Plno: (OCN ENTS IN SPANISH)
Mayor Suarez: Aurelio, you are going to have to get paid double time here for
translating services!
Mr. P I no : (AS TRANSLATED BY MR. AUREL I O PEREZ-LU30NES) H I s name Is V I cente
P I no. He I s the owwr of the bu 1 1 d I ng next door, whose address I s 5975 S.W.
Sth Street. He Is going to wait for the O mmisslon. According to Planning,
to build the second story In the places that It is proposed, they need ,14
park I ng spaces. They on 1 y have four, and In his judgement, this Is a great
violation even to be brought In front of this Carmisslon. With his neighbor,
he has about 14 parking spaces, and for years they have been using his parking
even without building In that location that they are proposing now. Now, with
the changes In Sth Street. the improvanent In Sth Street, they are going to
have more limitations of parking, and he will find that more clients of his
neighbor are going to be parking In his spaces. That Is the main objection
that he has, Muse he feels that It Is a lack of consideration for his
clients because when they owe to his place, they don't have know where to
park. when they came to do business with him, they lack the neoftsa,ry
parking. Sow time ago. he had a plan to build that place, and he needled four
extra parking places to do that and It Is Impossible to get any extra parking,
at least 200 feet from the place of business., so he doesn't understand how
this can be granted, when he doesn't raven have enough parking for his own
employees. To this mamnt, that Is what he has to say.
29 September 25, 19ft
Mr. Jack Fowler: For the reoord, my no, is Jack Fowler. I represent Re000.
Mr. Plumper: Are you a lawyer, sir?
Mr. Fowler: Yes, I am.
Mr. Plumper: Are you a registered lobbyist?
Mr. Fowler: No, I am not.
Mr. Plumper: Then you cannot speak, sir. You can go register, we can defer
five minutes while you can register.
Mr. Suarez: Ralph, you are not being paid to appear, right?
Mr. Ralph Osterle: No. I am not getting paid here. My name Is Ralph Osterle.
My office is 5965 S. W. 8th Street. I built an office down there 30 years
ago. At the time I built It, It was designed for two stories. I put In all
the plumbing, the structural columns, the steel, the water, the electric,
everything for the second story. Thirty years ago, when money was a little
scarce, I built the first story. I am there today, and I would IIke to
complete this. I need the additional space for storage, for some of the
computer equipment to have. I don't plan to increase my employes at all. 1
think we have adequate parking the way we are designed, with our employees
otming In and our share riding. I'd like to continue the existing office the
way It was originally designed 30 years ago. 75 percent of our business is
outside Dade County. It comes In by phone or by mail, so we actually don't
need parking for clients. I'd like for you to uphold the Zoning Board.
Mayor Suarez: Walter, or Madam City Attorney, what Is the standard for the
granting of a variance?... or Aurelio, or Guillermo, or anyone?
Mr. Dawkins: He must have a hardship, or the hardship must be peculiar to
that piece of property, or created because of something peculiar on the
property... no public detriment.
Mayor Suarez: No public detriment, plus a hardship to the owner of the
property, right. If the variance Is not granted.
Mr. Dawkins: Hardship is created by something peculiar about the nature of
the property.
Mr. Osterle: I'd like to say my hardship Is the extra space for storage of
cllent's files. and the new, sophisticated computer systems. Now, I need
additional room to put my equipment. As I said, there will be no Increase of
employees there. There will not be an opening to the second story on the
sidewalk. The stairwell Is inside for our own use.
Mr. Caro IIo: I move that we grant the Zoning Board recommendat I on with a time
limitation of 12 months they have Included, In which a building permit must be
obtained.
Mr. Plummer: Second.
Mayor Suarez: Moved and seconded.
Mr. Dougherty: So. they are denying the appeal?
Mr. Carollo: Call the roll, Madam Clerk.
Mayor Suarez: Let we lust ask one question. Is there any part of the
application that you would reoa mend?... for example, the second story, as
opposed to the additional parking or anything else that is...
Mr. Olmedlllo: There are certain things that they cannot meet, like the
footprint of the building remains the same. They don't have anymore open
spaces to provide, therefore, you know... anyway, they couldn't meet the open
Space ratio, and they couldn't...
Mayor Suarez: OK, that Is already. that Is sort of like grandfathered In.
30 September 25. 1
Mr. Olmedlllo: So that is grandfathered In. The setback, which Is ten feet
In the front, they cannot beat It, because the present...
Mayor Suarez: Whet about the parking? He Is very concerned about the
parking, and how It affects his property.
Mr. Olmed I I Io: We feel that Is the key Issue to us. and we fee I It I s a
detriment to the area not to provide parking on site, or at least try to
provide It as the ordinance reads. Our ordinance 95W allows you to have off
site parking up to 600 feet from your doorstep.
Mr. Dawkins: What are they saying here In this letter - the drain field In
that building does not allow any more additional bathrooms. We have got
sewers out there, don't we? We have got sewers out there, right?
Mr. Oster le: No, Ommissloner Dawkins, there Is no sewers there. When I
built the building, I put my drain fields In, my septic tanks and everything
until the City Is out there, so all my drain fields was In when I originally
built the building for the second story.
Mr. Dawkins: OK, thank you, sir.
Mr. George Campbell: There are no sanitary sewers In the area. They are
under design, and they should be under construction In I would say a year or
SO.
Mr. Dawkins: Thank you.
Mayor Suarez: Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved Its adoption:
RESOLUTION NO. 86-754
A. RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD
GRANTING A VARIANCE FROM ORD I NAME 9500, AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 3 OF 6, TABLE 3, STANDARD
RATIOS BY LAND USE INTENSITY SECTORS AND PAGE 4 OF 6, CR
OMI ERCIAL-RESIDENTIAL (GENERALLY) MINIMLM OPEN SPACE
REQUIREMENTS, TO PERMIT A SECOND STORY ADDITION TO THE
EXISTING STRUCTURE FOR THE PROPERTY LOCATED AT 5965
SOUTHWEST 8TH STREET, MIAMI, FLORIDA (MDRE PARTICULARLY
DESCRIBED HEREIN), AS PER PLANS ON FILE, PROVIDING 3,233
SQUARE FEET (.46) OF OPEN SPACE RATIO (4,528 SQUARE FEET
(.64) REQUIRED); 640.36 SQUARE FEET (0.09) OF PEDESTRIAN
OPEN SPACE (1,428 SQUARE FEET (.21) REQUIRED); WAIVIN3 THE
REQUIRED 10 FOOT FRONT YARD AND PROVIDING FOUR (4) OF
FOURTEEN (14) REQU I RED OFF-STREET PARKING SPACES; ZONED
CR-2/7 MWERCIAL RESIDENTIAL (OOMI-INITY). THIS VARIANCE
HAS A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A
BUILDING PERMIT MUST BE OBTAINED.
(Here follows body of resolution, vnitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Comnissloner Plummer, the resolution was passed
and adopted by the following vote -
AYES: Com'nissioner Joe Carollo
Cmnlssioner J. L. Piu,mver, Jr.
Crnmissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: None
31
17. APPROVE INSTALLATION OF DRIVE-IN FACILITIES AT FINANCIAL INSTITUTION
LOCATED AT APPROXIMATELY 821-899 W 37 AVE..
Mayor Suarez: Itan 7.
Mr. Olmedlllo: This property Is located on the east side of Douglas Road,
right across the central shopping center, and this Is a drive - in facility for
a financial Institution, and that Is the only reason why It cones up before
this City Cannisslon.
Mr. Plum -or: Can I see the plot plan? I need to see how much stacking they
have for the parking.
Mr. Olmedlllo: Yes, sir.
Mr. Plumper: Off-street stacking. How many off-street stacking are they
providing?
Mr. Olmedillo: Ten waiting. and two promised.
Mr. Plumper: That Is 20? 1 thought we changed that ordinance if they,
provided ten or more that It didn't have to cane before us.
( I NAUD I BLE BACKGROIrD OMWENT )
Mr. Plumper: Excuse me?
(INAUDIBLE BACKGROUND OrW&NT).
Mr. Plummer: No. sir, we changed that.
(INAUDIBLE BACKGROUND OO &NT)
Mr. Plumper: Are you stating for the record. Mr. Traurig, that that is 20
spaces of stacking off-street? Is that 20?
Mr. Olmedillo: It Is ten per window.
Mr. Plumper: Oh, well hell, that more than adequately provides with my
concern have been for In the past. Mr. Mayor, I move item number seven.
Mr. Dawkins: Second.
Mr. Plumper: Yes. they are caning In now with adequate space where they are
not stacking on the street. That's what we were trying to do.
Mr. Pierce: Got It.
Mr. Robert Traurig: Mr. Mayor, before this Is finalized, may I Introduce Into
the record...
Mr. Dawkins: You Just lost my vote!
Mr. Traurig: The plan that was received and approved by Mr. Genuardl of the
Building Department, which 1 would like to...
Mr. Plumner: Did i move it?
Mr. Dawkins: Yes.
Mr. Plummer: Did you second it?
Mr. Dawkins: Yes, but now I am lost. He is losing nW vote now that he IS
talking.
Mr. Plummer: You want to talk?
32
I
Mr. Dawkins: Yes. go ahead, I am only kidding. I am only kidding, go ahead,
Bob.
Mr. PiLmner: Is your name Robert Traurig?
Mr. Traurig: Yes. sir.
Mr. PILMner: You are going to get your fee, If you shut Up!
Mayor Suarez: Is there a proffered covenant, or site plan or anything that we
should know about?
Mr. OlmedIIIo: There Is only something that has to accompany this. This
special exception Is accompanied by a plan. We reviewed the plans that they
submitted. There was a change made with the latter plans that they submitted.
We are agreeable to those changes. They are Just reducing the building size,
but they want to Include In the records that the plans that they have now are
not the plans that the Planning Zoning Department...
Mr. Traurig: I aim going to Introduce this through Mr. Aurelio Perez-Lugones.
Mayor Suarez: The site plan reduced entered Into the record by fiat and
Commissloner Plummer. It has been reduced. Cal the roll. You have to read
the ordinance?
MS. Hirai: Resolution.
Mayor Suarez: Resolution. Call the roll.
The following resolution was Introduced by Commissioner Plumper, who
moved Its adoption:
RESOLUTION NO. 86-755
A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN
FACILITIES AT A FINANCIAL INSTITUTION LOCATED AT
APPROXIMATELY 821-899 NORTHWEST 37 AVENUE. MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED HEREIN, AS PER PLANS ON FILE
SUBJECT TO LANDSCAPE PLAN APPROVAL BY THE PLANNING
DEPARTMENT AND ALL DEDICATIONS AS REQUIRED BY THE PUBLIC
WORKS DEPARTMENT AND ZB RESOLUTION NO. 86-86; ZONED CR-2/7
00%MRCIAL-RESIDENTIAL (OMMJNITY). THIS SPECIAL EXCEPTION
IS ALSO SUBJECT TO A TIME LIMITATION OF TWELVE MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
h.:
18. AOCEPT PLAT: -HIGHLAND PARK HOSPITAL SUBDIVISION - FIRST ADDITION.
Mr. Plum►er: Is everything In order on Item 87 1 move It.
Mrs. Kennedy: Second.
Mayor Suarez: Item 8 moved and seconded. Is there anyone that wishes to be
heard against Item 87 Let the record reflect that no one has stood up asking
to be heard on this Item. Call the roll On Item 8.
The following resolution was Introduced by CAmmissloner Plunmer, who
moved Its adoption:
RESOLUTION NO. 86-756
A RESOLUTION ACCEPTING THE PLAT ENTITLED HIGHLAND PARK
HOSPITAL SUBDIVISION FIRST ADDITION A SUBDIVISION IN THE
CITY OF MIAM1; AND ACCEPTING THE DEDICATIONS SHOWN ON SAID
PLAT; AND A=-PTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE INIEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF PUBLIC
WORKS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Camnissioner J. L. Plumier, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Cannissloner Joe Carollo
NOTE FOR THE RECORD: IT WAS ANNOUNCED THAT ITEM PZ-4 WOLLD NOT BE HEARD
BEFORE 5:00 P.M.
5
19. CONSENT AGENDA.
i
Mr. Plumper: Consent Agenda.
-} Mayor Suarez: How mny items on the Consent Agenda?
i
' Mr. P l um er : I understand on item 5, there has to be Inserted some dollars?
? 1s that correct, Madam City Attorney?
Mrs. Dougherty: I looked at that too. I wondered why there wasn't any...
Mayor Suarez: We have done 13 and 14, and Consent Agenda Is Its 1 through
n 12. Commissioner Kennedy wants to remove an Item besides the one that we are
now...
1 34 Sootember 26. 19
77"777777777T.
Mrs. Kennedy: Number 11.
Mayor Suarez: NLmber 11.
Mr. Dawkins: Ten.
Mr. Pierce: On Item 5, Camnissloner Planner, Jerry Gereaux will answer:
questions on that, sir.
Mr. Plummier: No, I have no questions. I was Informed by samebody, in the
Actministration, yesterday, that we had to Insert the negotiated settlement
Into this, or it was not In effect. Somebody told me that yesterday.
Mr. Dawkins: The Manager told me. Where Is he? '-
Mr. Plumper: It was, as I understand it, negotiated settlement was
$1,000,070.
Mr. Dawkins: Where Is Herb Bailey. Herb Bailey or samebody told us.
Mr. Pierce: Item 5?
Mr. P l umer : Yes.
Mr. Pierce: Canmissloner, Do you want what was the question?
Mr. Piumier:
There was no... I think the Manager told me yesterday that on
Item 5, to
make this canplete, you had to Insert the numbers, that the
settlement had been reached, and you had to Insert the numbers to make this
legal. Now,
if you guys don't want to do It, that Is fine with me.
Mr. Dawkins:
What is the number? That Is all we need to know.
Mr. Pierce:
The numbers In the memo...
Mr. Dawkins:
What is the nunber that you guys are recc mending to us, not the
numbers!
Mr. Pierce:
$1,100,000.
Mr. Dawkins:
$1,100,000?
Mr. Pierce:
Yes.
Mr. Plummer:
Well, that is part of''the 'Consent Agenda, then we have"just got ,
to insert it
in there. -
Mr. Dawkins:
OK, Insert 1t In there.
Mr. Plummer:
$1,100.0007
Mr. Bailey:
It Is $1,100,000. That Is the correlation between both
appraisals,
the mount of out of pocket expense, and the normal settlement,
plus the bonus for acceptance.
Mr. Plummer:
Now, It Is according to Hoyle.
Mayor Suarez: Is this the property I mn thinking about? the vacant building
over there on...
Mr. Bailey:
Yes. It Is the building the Old Saint Hughes Church property at
the corner of..
Mayor Suarez: Who Is the present owner?
Mr. Pierce: Tony Moreno.
Mayor Suarez: Tony's property?
Mr. Piurm*r: Yes. What Is it going to do to use It for housing? We will pass
the consent with the exception of 10 and 11? 1 so move.
11
Mrs. Kennedy: Second.
Mayor Suarez: I want to keep out Item five.
Mr. PILpmer: You want to pull It?
4
Mayor Suarez: With the exception of 5, 10 and 11? Is there anyone that ='
wishes to be heard for or against the rest of the Items on the Consent
Agenda?... those being items 1 through 12, advertised for 11:00 A.M., leaving
out 5, 10, and 11. Let the record reflect that no one wishes to be heard, we
can nvw entertain a motion to approve the entire Consent Agenda with those
three Items left out. So moved and seconded. Any discussion? Call the roll.
THE FOLLOWING RESOLUTIONS WERE INTRODUCED BY COMMISSIONER PLLNWR,
SECONDED BY CXCIVM1SSiCNER KENNEDY AND PASSED AND ADOPTED BY THE FOLLOWING VOTE:
AYES: 00 mmIssIoner J. L. Plummer, Jr.
o mmIssIoner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Cormissioner Joe Carollo
19.1 AUTHORIZING STREET CLOSURE FOR MIAMI DADE CQWAUVITY COLLEGE PARADE OF
FLAGS, OCTOBER 9. 1986.
RESOLUTION NO. 86-757
A RESOLUTION CONCERNING THE PARADE OF FLAGS TO BE
CONDUCTED BY M I AM I DADE COV A N 1 TY COLLEGE ON OCTOBER 9,
1986 AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO
THROUGH VEHICULAR TRAFFIC SUBJECT TO THE ISSUANCE OF
PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE, RESCUE AND
INSPECTION SERVICES AND ASSURANCES THAT THE CITY WILL BE
INSURED AGAINST ANY POTENTIAL LIABILITY; CONDITICNED UPON
THE ORGANIZERS PAYING FOR ALL COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
19.2 AUTHORIZE CITY MANAGER TO ENGAGE BOND UNDERWRITERS; PRUDENTIAL BACHE
SECURITIES, FIRST EQUITY CORP. OF FLORIDA, DANIELS & BELL AND METROL
EQUITIES CORP.
RESOLUTION ND. 86-758
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ENC;AGE THE UNDERWR I T 1 NG TEAM OF PRUDENTIAL BACHE
SECURITIES. IN.; FIRST EQUITY CORPORATION OF FLORIDA;
DANIELS & BELL. INC.; AND METRO EQUITIES CORPORATION, AS
UoDERWR I TERS WITH RESPECT TO THE PROPOSED OFFER 1 NG NOT TO
EXCEED $6,375.000 GENERAL OBLIGATION BONG COMPOSED OF
$4.000.000 POLLUTION CONTROL BONDS; AND $2.375,000 STREETS
AND H I GHWAYS IMPROVEIVENT BONDS.
(Here follows body of resolution. omitted here
and on file in the Office of the City Clerk.)
19.3 AUTHORIZING AND APPROVINIG SELECTION OF GREENBERG, TRAUR1G. ET AL. TO
SERVE AS SPECIAL TAX COUNSEL.
36 "$ 1,
1
RESOLUTION NO. 86-759
A RESOLUTION APPROVING THE CITY ATTORNEY'S SELECTION AND
AUTFOR 1 Z 1 NIG THE EMPLOYMENT OF THE LAW FIRM OF GREENBERG,
TRAURIG, ASKEW, HOFFMAN, LIPOFF. ROSEN & QUENTEL, P.A. TO
SERVE AS SPECIAL TAX COUNSEL FOR THE ISSUANICE OF
CERTIFICATES OF PARTICIPATION, SERIES 1986, EVIDENCING AN
UNDIVIDED PROPORTIONATE INTEREST OF THE HOLDERS THEREOF IN
BASIC RENT PAYMENTS TD BE MADE BY THE CITY OF MIAMI,
FLORIDA, AS THE RENTAL AND PURCHASE PRICE OF CERTAIN
EQUIPMENT PURSUANT TO A LEASE -PURCHASE AGREEMENT; SAID LAW
FIRM TO RECEIVE PAYWNT FOR SERVICES AT THE HOURLY RATES
AS SET FORTH IN ITS PROPOSAL TO THE CITY ATTORNEY. SUBJECT
TO A MAXIMUM PAYMENT OF $50, 000 TOGETHER WITH PAYMENT FOR
ODSTS ADVANCED BY SAID FIRM WITH THE MONI I ES FOR SAID FORM
TO BE PAID FROM THE PROCEEDS OF THE SALE OF SAID
CERTIFICATES OF PARTICIPATION.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
19.4 CLAIM SETTLEMENT - LAZARD PADRON.
RESOLUTION NO. 86-760
A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR TO PAY TO
LAZARD PADRON THE SUM OF $30,000 WITHOUT THE ACMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS, DEMANDS, AND ATTORNEY'S FEES AGAINST THE CITY OF
MIAMI, FREDDY D'AGOSTIND AND ANTHONY BUSTILLO,
INDIVIDUALLY AND AS POLICE OFFICERS OF THE CITY OF MIAMI,
AND CLARENCE DICKSON, INDIVIDUALLY AND AS CHIEF OF POLICE
OF THE CITY OF MIAMI, UPON EXECUTION OF A RELEASE
RELEASING ALL DEPARTMENTS FROM ALL CLAIMS AND DEMANDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
19.5 AUTHORIZE EXECUTION OF AGREEMENT WITH GREATER MIAMI CONVENTION BUREAU.
RESOLUTION NO. 86-761
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT AND
CONTRACT WITH GREATER MIAMI CONVENTION AND VISITORS
BUREAU, IN SUBSTANTIALLY THE FORM ATTACHED.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
19.6 ALITFIORIZE OD -DESIGNATION OF STREET. SECTION OF S.W. 2ND STREET AS
"CENTRUST FINANCIAL CENTER"
RESOLUTION NO. 86-762
A RESOLUTION CD -DESIGNATING S.W. 2ND STREET BETWEEN S.E. 1
AVENUE AND S.E. 2ND AVENUE AS "CENTRUST FINANCIAL CENTER",
AND DIRECTING THE CITY CLERK TO FORWARD A DOPY OF THIS
RESOLUTION TO ALL AFFECTED GOVERIVENT AGENCIES.
(Here follows body of resolution, omitted here
19.7 AUTHORIZE LEGAL PROCEEDINGS AGAINST MARINE STADILM ENTERPRISES, INC.
RESOLUTION NO. 86-763
A RESOLUTION AUTHDRIZINIG THE CITY ATTORNEY TO INITIATE
PROCEEDING AGAINST MARINE STADIUM ENTERPRISES, INC. IN
CONNECTION WITH ALL REMEDIES AVAILABLE TO THE CITY OF
MIAMI REGARDING LOSS OF CERTAIN PROPERTY FROM CONFISCATED
BOATS STORED AT KEY MARINA.
(Here follows body of resolution, cmltted here
and on file In the Office of the City Clerk.)
19.8 CONFIRM NOMINATION DR. EDUARDO PADRON TO OFF-STREET PARKING BOARD.
RESOLUTION NO. 86-764
A RESOLUTION OONFIRMING THE NOMINATION OF DR. EDLIARDO
PADRON, TO THE OFF-STREET PARKING BOARD OF THE CITY OF
MIAMI AND RECOMMENDING TO THE CITY COWISS ION THAT THIS
NOMINATION BE CONFIRMED FOR A TERM EXPIRING ON DECEMBER 2
1988.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
19.9 ACCEPTIN3 ELECTION CERTIFICATIONS OF ELECTION HELD SEPT. 2, 1986
REGARDING MDDIFICATION BOND INTEREST RATES ON CERTAIN UNISSUED BONDS AND
ACCEPTING CITY CLERK'S CERTIFICATION OF RESULTS.
RESOLUTION NO. 86-765
A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY
CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF
THE SPECIAL MUNICIPAL ELECTION HELD ON SEPTEMBER 2, 1986
IN WHICH THE NODIFICATION OF THE NIAXIMUvI INTEREST RATE OF
7-1/2% PER AWN, PAYABLE ON THE REMAINING UNISSUED
$4,000,000 PREVIOUSLY AUTHORIZED $7,000,000 POLLUTION
CONTROL AND INCINERATOR FACILITIES BONDS OF THE CITY OF
MIAMI, AS PROVIDED UNDER ORDINANCE NO. 10129, TO ALLOW
NTEREST TO BE PA I D ON SA I D BONDS AT A RATE OR RATES NOT
EXCEEDING THE RATE PROVIDED FOR BY STATUTES OF THE STATE
OF FLORIDA. BUT NOT TO EXCEED TEN PER CENTLM 0 0X) PER
ANNLM. WAS DISAPPROVED BY THE ELECTORATE; FURTHER
OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S
CERTIFICATION AND DECLARATION OF THE RESULTS OF THE
SPECIAL MUNICIPAL ELECTION FELD ON SEPTEMBER 2, 1986 1N
WHICH THE MODIFICATION OF THE MAXIMUM INTEREST RATE OF 7-
1/2% PER ANNLM, PAYABLE ON THE REMAINING UNISSUED
t2.37 ,000 PREVIOUSLY AUTHORIZED $17,375,000 STREET AND
HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI. AS
PROVIDED UMER ORDINANCE NO. 10131, TO ALLOW INTEREST TO
BE PAID ON SAID BONDS AT A RATE OR RATES NOT EXCEEDING THE
RATE PROVIDED FOR BY STATUTES OF THE STATE OF FLORIDA BUT
NOT TO EXCEED TEN PER CENTLM (10%) PER A1`44UV1, WAS
` DISAPPROVED BY THE ELECTORATE.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
I.
I
20. AQQUIRE BY NE(30TIATED PURCHASE PARCEL LOCATED AT 3601 SW 37 AVE. (ST.
HUGH'S OAK PROPERTY) AT A PRICE NOT TO EXCEED $1,070,000 TO BE USED FOR
HAS I NG PURPOSES.
4
Mayor Suarez: Agenda Item 5 now. You have made the determination... someone
has made the determination that this Is desirable property... I mean, I know
it Is undesirable the way It looks now, but that this Is desirable property
for the City to acquire and be Involved In building some...
! Mr. Herbert Bailey: Well, the housing, Mr. Mayor, we have over the past year
Identified sites In all of the neighborhoods for affordable housing for lower
moderate Inane people, with the exception of the Black Grove. We haven't...
of course, you know in Overtown and Allapattah and Wynwood and Liberty City
and the Melrose site. One of the Items we have been looking for in trying to
balance out the City, so that we can assure that every neighborhood, as a
result of our now initiative In low and moderate Incame housing that we would
be able to find a suitable site. The St. Hugh property is an excellent site.
The people In the Grove support that. We had been In discussion with the
cannunity there, mainly of Thelma Gibson, who has for sane time trying to...
been getting sane housing in the Black Grove, new housing for the people in
that area, and we looked at the St. Hugh site and It did represent what we
thought would be a good balancing of the rest of the City.
Mayor Suarez: What funds have you Identified to use for this?
Mr. Batley: We have affordable housing bonds, bond monies, the same bond
monies that we are using for the rest of the sites. We do have enough
Mayor Suarez: Suppose we felt that an equally Important or even higher
priority would be to acquire Camillus House. Why are you proposing that we
spend the money for this?
Mr. Bailey: Well, Camillus House Is part of the redevelopment area, and that
will be purchased, hopefully through the use Of tax increment bond funds when
we are able to make that issue.
Mayor Suarez: Oh sure, In the year 2050.
Mr. Bailey: Well, not necessarily. The problem with Camillus house is that I
know one of money, It Is a prob I em of whether or not the owner Is going to
agree, first of all, to be located somewhere near downtown. They are not
going to move until we find a place. It is more involved than Just finding a
site for affordable housing. Now, that site, when It Is acquired, and If we
acquire It will perhaps be for, you know, the same type of housing that is in
the first phase of the Overtown/Park West redevelopment.
Mr. Dawkins: Let's put In the record, because this Is the only way I am
voting for this, homes constructed on that property will be $50,000 and under.
Now. If you are not going to build affordable housing for $50,000 and under,
you don't have my vote.
Mr. Bailey: Well, you know, Commissioner, we are building, you know, anything
you ask for. We Just w I I I make you aware of what the ocmnItments that the
City and this Commission have to make.
Mr. Dawkins: I arm going to make you aware of what my commitment is.
Mayor Suarez: 1 wanted It to be less than $40,000, but if he wants to go for
$50,000, we can. At least that Is a good limitation.
Mr. Dawkins: The uses behind, You know, the stuff behind there, J. L., is
very, very expensive, so we can't drop It too loos, we have got to make it
ccmpatible, so $50,000...
Mr. Bailey: I have no problem with that. We would request... and we are
suggesting that they be for sale and not rentals... hums ownership.
Septr 25,
Mr. Dawkins: OK, W,000 and under, then that Is affordable. Now, that is
what you are getting my vote on, OK?
Mayor Suarez: You have made a determination that this Is a high priority
area, that this Is an Ideal land, suitable for affordable housing?
Mr. Bailey: It Is only block In the Black Grove...
Mayor Suarez: Considering the City as a whole and all that, and you have
stuck It Into the Consent Agenda! Very good. Even though we are moving on
other areas of the City, trying to get the same thing accaMII shed and It
takes forever to do It, In this case, it made sense to put it right In the
Consent Agenda. All right, we really wonder about these things.
Mr. Plummer: Well. where are we now?
Mr. Odlo: Mr. Mayor. let me clarify that one for you. The only reason It was
put In the agenda, the Consent Agenda Is all we are asking for Is permission
to negotiate. We didn't have a finalized deal. Yesterday the staff met with
the owner of the property and we agreed to the figures yesterday, and so
Instead of having to cane back...
Mayor Suarez: It was on the agenda before yesterday, before you agreed on the
figures.
Mr. Odlo: Sir, because...
Mayor Suarez: Have you considered other uses for the property. I mean, It Is
an eyesore the way It Is, and It Is dangerous and everything else, and I
suspect, according to Thelma, and some other people, the people get Into that
building, the way It Is abandoned and opened up like that.
Mr. Odio: The building has been demollshed.
Mr. Salley: Well, we demolished It before we even...
;i.
Mr. OdIo: Because It was unsafe, but the building has been demolished.
Mr. Dawkins: What are the figures you got on it?
Mr. Odio: $1.070,000. We received three appraisals.
Mr. Dawkins: $1.070.000?
Mr. Odlo: Yes.
Mr. Plummer: That Is not what he told us. He told us $1,100.000.
Mrs. Kennedy: What were the three appraisals?
Mr. Bailey: Weil. we had appraisals of $1,200,000, $910.000 and $1,100,000.
However, we through an Interpolation came out with same other considerations,
the fact that one appraiser Included, and they did have same value because
some other activity had been taken place in regards with the City, for the
rehabing of the St. Hugh's property, and of course, we demolished it. There
are same other fees and there are same liens Involved, so after considering
all of the activity Involved, we felt that the $1,100.000 would cover all the
considerations that this property has undergone since that property has been
there. A certain amount of fees have already been paid to the City. Of
course. he claimed that these was some value to the property that was torn
down. Unfortunately, It was torn down without our Involvement; therefore it
was hard to refute that, and certain prepayments that have already been made.
We felt that with all this In mind, that the $1,100,000 would make an
appropriate offer, and that It would be; fair.
Mr. Od I o : Yes. Let me clarify this. At the end of the negotiations, we
agreed to $1,070.000, but he would keep the refunds that he has ooming, which
adds up to about $22,000. so because he has a utter chance
Of obtaining those refunds on some deposits that he had done, And he did with
the Department on....
Mr. Ba 1 I ey : We have got Department of r . P . L.. .
Mr. Odlo: So If he can get than easier than we can, so I would rather pay him
-`
$1,070,000.
Mayor Suarez: OK , as Ccmn i ss l oner P i uimer was I nd i cat i ng, we are bas i ca l l y
giving you authority to negotiate this thing. You are going to look at all
the terms, right?
Mr. Odlo: Yes, of course. I an asking...
Mayor Suarez: I mean, I don't know about these prepayments. I don't know
what they have to do with anything.
Mr. Odlo: No I am asking you to authorize me to make a deal for $1,070,000
for this purpose.
Mayor Suarez: I don't know if this Is the time to build In the parameters of
the kind of housing, but we have talked over the last 10 or 11 months about
it. Commissioner Dawkins has Indicated less than $50,000. Hopefully, we are
talking about Clusters as opposed to totally separated structures. Hopefully,
we are talking about Iow rises. When you get to hi -rises, ironically, Instead
of having the ecorxnics of scale you have got more expensive per unit costs.
I can't figure that out, but that Is what the builders tell me.
Mr. Odlo: Why don't we do this, Ccnmissioners, we will not build...
Mayor Suarez: And of course, they are more desirable fror the viewpoint of
the carmunity to have low rises.
Mr. Odlo: We will not build anything there that you will not see first.
Mr. Odio: Mr. Mayor, you will see anything that we will build there.
Mr. Bailey: We will bring It back, In fact, now that It is public property,,
you will have to make the decision as who the developer and the builder w I I I
be, and also approve the design and the style and the site plan We also, in
the negotiations, If I can mention It right now. because we tore the building
down, and we ilened the property on It, that we would forgive the Ilean for the
dampllt(on on the property. I think It Is about S15, or $17,O000. So, when
we finish adding these pieces In, we omw pretty closer to what we agreed to
Mr. Odlo: We should pay only.
Mayor Suarez: There Is a lien for dawlition on the property.
41 September 26, 19ft'
Mr. Salley: Well, every time we Ilen a propertyunsafe structures, give us
the authority to tear it down, we do It on our own, at our own cost, and then
we lien the property.
Mayor Suarez: It sounds to me IIke with a friendly demolition process here,
where he knows he is going to get paid back...
Mr. Bailey: No, he was very disturbed about the don011tion, because usually
property owners, they like to show whatever Is there before they negotiate so
they can claim value, but he claims that we demolished It so that he could not
show value, that we have taken something away from him.
Mayor Suarez: Sounds to me IIke he was cheering the demolition as It was
taking place. He had previously told me that that property was not all safe,
that was his opinion. That must have been more than three months ago, so
apparently he changed his mind.
Mr. Salley: Not for sale?
Mr. Odlo: 1 don't know, but 1 think It Is a good deal for the City at this
point Just to take that property and do something positive there.
Mr. Plummer: Well, I think the most Important thing Is to get It In City.
ownership.
Mr. Odio: Yes.
Mr. Bailey: Yes.
Mr. Plumper: At such time we will land bank until we have the opportunity to
go through whatever R.F.P. procedure you want to go through, and whatever this
CcrrmIssIon decides. Cc missioner Dawkins has made it very clear what his
feelings are, and I am sure the other Ccrrmissloners will do the same. I think
today what we are about, not Is to decide what kind of housing, or what will
be, but whether or not we feel that this Is a valuable piece of property to
put Into City ownership and I think that Is what we are discussing here today.
Mayor Suarez: Is It going to require, assuming the number of units you just
sort of gave me a rough estimate, Is It going to require rezoning?
Mr. Bailey: It would require rezoning.
•
Mayor Suarez: Do you have any idea how many units you would be able to put
there without requiring any change of zoning?
Mr. Bailey: Mr. Mayor... Jerry, do you want to say something?
Mr. Jerry Gereaux: The way the property Is presently zoned, the maximum
number of units that could be placed on the property would be about 35, a very
low scaled development.
Mayor Suarez: Do you have any Idea of the neighbors when the time comes for
rezoning and building some affordable lousing, they are going to support a
rezoning?
Mr. Gereaux: Yes, we plan to work very closely with the neighborhood. We
certainly don't want to be above the business of building housing that...
Mayor Suarez: They are going to have to move Into the neighborhood.
Mr. Dawkins: Mr. Mayor, they will support M.000 and under. I have talked
with them, and they will not support nothing $50,000 and over.
Mayor Suarez: So. don't be saying 100 units unless you get neighborhood
support, because this Comisslon Is not going to approve It. OK, any further
discussion on this Item? Call the roll.
Ms. Hirai: We need a motion. Mr. Mayor.
42
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
The following resolution was Introduced by Ccmnissioner Plumper, who
moved Its adoption:
RESOLUTION NO. 86-766
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
ACQUIRE BY NEGOTIATED PRASE AT A PRICE NOT TO EXCEED
$1,070,000 FOR A PARCEL OF REAL PROPERTY LOCATED AT 3601
S.W. 37TH AVENUE, ALSO FQMd AS THE ST . HUCi' S OAK
PROPERTY IN THE CITY OF MIAMI, WHICH CONTAINS
APPROXIMATELY 3.094 ACRES AND WHICH IS MORE PARTICULARLY
AND LEGALLY DESCRIBED 1N THE ATTACHED EXHIBIT "A", TO BE
USED FOR HOUSING PURPOSES; FURTHER AUTHORIZING AND
DIRECTING THE CITY ATTORNEY TO PROCEED TO CLOSE ON TH I S
PARCEL AFTER EXAMINATION OF THE ABSTRACT AND CONFIRMATION
OF OPINION OF TITLE, SAID ACQUISITION COSTS TO BE PROVIDED
FRCM THE GENERAL OBLIGATION HOUSING BOND FUND.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
Upon being seconded by Ca missioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Connlssloner J. L. Plumper, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: CCmnissioner Joe Carollo
21. DISCUSSION AND TEMPORARY DEFERRAL OF CONSIDERATION OF A RESOLUTION
AUTHORIZING ASSIGNMENT OF LEASE, BETWEEN CITY OF MIAMI AND JERRY'S INC.
TO TERREMARK AT DINNER KEY, INC. (SEE LABEL *31)
Mr. Dawkins: Mr. Mayor, I pulled Iten 10. Somebody get up here who can give
me a hand with Item 10. I've got three things concerning 10. Mr. Manager,
they owe us the money. What Is the status of the money that Is owed?
Mr. Odic: As of this time, unless It has changed, we are still, negotiating
for them to pay us $100,000 that was due In rent monies.
Mr. Dawkins: OK, do not sign anything until you have the Clty's $100,000. 1
think that Is the consensus of this... OK?
Mr. Odlo: Yes, sir.
Mr. Dawkins: The second concern I have Is, why is It that we are giving... we
are going to 2004?
Mr. Odio: It meets, as I understand It. AI, you can correct me...
Mayor Suarez: Yes. Al.
Mr, Dawkins: Al Can explain It.
Mr. Odio: That It Is to meet the same terms that all of the properties have
in this area,
Mayor Suarez: We l t a m I nute, I thought we were approv I ng an ass I OM-ent w i th
the existing terms.
43 S t r 25, 1
Mr. Odlo: We are renewing... we are extending the contract as we are
authorized to do In the agreement for years, that Is what we are
doing.
Mr. Dawkins: CSC, I have no problem...
Mayor Suarez: We are getting a yes and a no over here. OK, go ahead. Go
ahead.
Mr. Odlo: Am I Ooing that?
Mr. AI Armada: No, no. We are, In fact, consenting to the assignment, but
there Is indeed, an amendment to that agreement, the existing agreement.
There Is an agreement.
Mayor Suarez: There is already an amendment?
Mr. Armada: Yes, Included In this package. There Is an amenc#nent.
Mayor Suarez: What did...
Mr. Armada: That Is right. The options that were there In the contract.
What we are doing basically. Is we are turning then all forward at this point.
Mayor Suarez: What was the prior term of the concession agreement?... without
the amendment.
Mr. Armada: Without the amendment In terms of the time?
Mr. Dawkins: 1989.
Mr. Armada: There was In 1989. from that mcment on, there will be three five
year periods, which will bring us to the exact same date...
Mr. Odlo: 2004.
Mr. Armada: .2004, so all we are doing is, by virtue of that amendnent,- Is
bringing those three options today.
Mayor Suarez: OK, but who had the option to extend the...
Mr. Odlo: They did.
Mr. Armada: We had...
Mayor Suarez: It was totally at their option?
Mr. Armada: No, we had an option at our...
Mr. Odlo: At our...
Mr. Armada:... negotiated option. We had an Input Into It, and they did.
Mr. Dawkins: But once we sign this... once we sign this, we no longer have
pot an option.
Mr. Odlo: That Is correct. That Is correct.
Mr . Dawk I ns : That Is right. OK, now see, I want the f I ve year options to
stay In there, with they having the right to go Into 2004, myself, personally.
but we have the option, each five years to negotlate the rent.
sLL
Mr. Armada: As you know. there 1s an amendrent as well In this thing already
that has In fact improved tremendously the portion of the rent to us.
Mr. Odic: Yes, sir.
Mr. Armada: The reason why we are in a prob i em with the present operator
that- they do use us abut S 100, 000 is because of that rent clauSe that is
+extr ay difficult to understand, We have amend that as part of the
44 Septa 2# lift,
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Mayor Suarez: Was it a net...?
Mr. Armada: No, I t was not a net, I t was a gross th I ng . The prob 1 em was,
sir, that they were In fact, double applying the minimum rent. They were
paying us the minimum rent only once► but they were reducing It twice from the
gross receipts that we were supposed to get, so, we were receiving
considerably less than It was my opinion we should be receiving.
Mayor Suarez: What were we receiving on a typical yearly basis?
Mr. Armada: We were receiving, for Instance, for the last year, $70,000. OK?
Mayor Suarez: What do we expect to receive under the...
Mr. Armada: OK, I can say that based on this new amendment to the rent
clause, as well as the fact that we are going to get a essentially a person -
taking over that Is Indeed much more a restaurateur than what we presently
have at this point. We can certainly see, you know, double that figure next
year. The first full year of operation will see it double from $70.000 which
Is what we have been receiving, to approximately $150,000 to $140,000.
Mr. Caro Ilo: What you are saying Is that what now what we are presently
receiving Is what?... $70,000?
Mr. Armada: Yes sir, less than $70,000, yes.
Mr. Carollo: And what you are saying Is that they are offering to pay In the
second year, double that?
Mr. Armada: No, they are not offering to pay that. What is happening Is, Is
that we are amending the concession agreement In which there is no question
that we will be receiving approximately $150,000 to $140,000.
Mr. Carollo: Because the way we are amending It, we would be guaranteed about
$140,000. or $150,000.
Mr. Armada: Well, no It Is not a question of a guarantee. What we are doing
Is we are changing the structure... what we are doing is, we are changing the
rent structure, so that this way, sir, whereas opposed to what they are doing
now, that they are paying us one minimum rent, and they are applying It, or
reducing the gross volume twice by that minimum rent, that minimum rent will
only have one application. You know, they will pay us the minimum rent, or
the percentages, OK?... of their gross receipts.
Mayor Suarez: What Is the minimum rent as of the assignment?
Mr. Armada: It Is approximately $54,900. It Is exactly $54,900.
Mayor Suarez: Yes. 1 was going to say. why Is It approximate?
Mr. Armada: $54,900, that is what It Is, sir.
Mayor Suarez: But. of course, as a percentage of the gross, you expect it to
be a lot more than that.
Mr. Armada: Yes, sir.
Mayor Suarez: Assuming normal functioning.
Mr. Armada:
Yes, sir, because you see, what they were doing essentially was►
that minimum
$54,000 minimum guarantee, what they were doing Is once you
ecmputed the
rent due to us based on the percentages, they were reducing It.
That minimum
rent was being reduced twice, frim the two Incc me streams, there
are two Income streams here. There Is the concession stand Inicam stream, and
there Is the
restaurant Income stream, and that minimum rent was being reduced
twice. even though It was only Ming paid to us once. so right there, we are
going to be
receiving additional monies. For Instance, for the last audit
year, OK. If
we would have done Just essentially no worse, using the same
figures. and
assuring that the voIurine of sales would remain at exactly the
same l eve l s ,
If In this last year that we audited, we wou i d have applied the
emended, or as we would trying to amend the consideration clause. we would be
receiving for
that year S100,000. as opposed to less than $70,000.
45 September 25, ilk
Mayor Suarez: $750,000?
Mr. Armada: Yes, sir, there Is.
Mr. Dawkins: i am going to cover that, Mr. Mayor, In a few minutes.
t�
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Mayor Suarez: And that Is going to be spent between now and the year 2004?
Mr. Armada: Well, up...
Mr. Dawkins: No, no, It is going to spent before that.
Mayor Suarez: Yes, It sounds tome like It.
„.
.firs
Mr. Dawkins: It Is going to be spent before that.
yh.
Mayor Suarez: All right.
;7
Mr. Dawkins: The other thing I have Is, Madam City Attorney, In here it says,
"that If the building burns down, and the Insurance that we have does not
cover full replacement value, then the lessee, or assignee, can complete the
ti
building and bring It back up to where It Is." Why Isn't it that the City Of
Miami can be Instructed to annually carry enough Insurance that wlII replace
the building In Its entirety, therefore not having a liability placed on the
lessee or assignee.
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Mrs. Dougherty: You want the City to do it, as opposed to the lessee?
Y4
F
Mr. Dawkins: Well, It says here that the lessee Is going to carry Insurance
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according to this, on h I s equ I pment , OK? But, It a I so says In here that in
the event the building Is destroyed In its totality, and the City of MIamI
sees that the Insurance money does not cover full replacement value, then the
assignee can cane In... let's Just say we are $4,000,000 short... the assignee
r
Can came in and put the $4,000,000 up we rehab the building, and then -foe
four years, I mean, he doesn't pay any rent until he collects his $4►000,000.
So. why can't the City, since we have got to cover It, why can't we cover the
whole structure and be done with It?
M`=
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Mrs. Dougherty: We can.
Mr. OawkIns: Instruct.him to write that in. OK. put that in that at all
times, the City of Miami must carry Insurance that w I I I cover full replacement
value, which means that each year you have to go back and up the ante, I
guess! Now...
Mrs. Dougherty: Do you want to give the City Administration the option to
having It self - Insured, as opposed to purchasing Insurance sometimes....'
Mr. Dawkins: No. Ma'am, purchase some Insurance. No. Ma'am, not with fire.
1 don't know, 1 can't tell the Administration how to do It, but, I would
suggest they purchase some Insurance. Now, the third thing 1 have Is. you say
$750,000 will be spent In 18 years. That Is $50,000 a year. That Is
ridiculous. OK?
Mr. Armada: I have been... In all the negotiations that we have gone through
with Terremark at Dinner Key. Inc., they have certainly said that the bulk of
the monies will be spent up front. They don't anticipate the $750.000 being
spent over that period of years. you know, at $50.000 each year. They may
even Sperm as much as $400,000 to begin with to renovate the restaurant to the
point of enclosing the area that Is now a patio, with air conditioning and
this and that. Throughout in there. they are going to spend that money.
Mr. Dawkins: OK, Can we put In there to spend $750.000 within five years?
Mr. Arrriada : Yes.
Mr. Odlo: fine.
Mr. Armada: We can do that.
Mr. Dawkins: I mean, Is that agreeable?
Mr. Armada: That sounds reasonable.
Mr. Odlo: That's fine.
Mr. Dawkins: J.L.? Mr. Mayor?
Mayor Suarez: Yes.
Mr. Dawkins: Rosario can't vote on...
Mrs. Kennedy: No, let me Just...
Mr. Dawkins: 1 know darling no problem, we know.
Mrs. Kennedy: Let me Just say for the record, as 1 have done in the past, as
vice-president of Terrenark. I am abstaining fram this.
Mr. Dawkins: J.L., Is it all right If they spend $750,000 In five years
Instead Of 18 years?
Mr. Plummer: Put It In the first five.
Mr. Carollo: Within the first five years. then.
Mr. Odlo: The first five years.
Mr. Dawkins: In the first five years, yes.
Mr. Carollo: That will be even better for the City, I guess.
Mr. Dawkins: Right, I agree. All right, so 1 move Item 10.
Mr. Carollo: You know, for the record, Mr. Manager, based upon your
recannendations, Is what I will be voting for this. It seams tome that the
City Is going to be getting a better deal all around. They are going to be
spending $750,000 on the property correct?
Mr. Odlo: I am recemiending this because we are getting a better operator.
J.P.'s today is not doing very well, and I think you put anything that cemes
in there now could be an Improvement.
Mr. Carollo: In addition from what they are offering, we should double at
least what we are getting there for rent in the following year.
Mr. Odlo: Yes, let me say, Just for the record, that this is also subject In
there, that they agreed to, that If we rebuild that facility, that at the time
that we start construction. If we Interfere with their operations, the City Is
not IIable for anything, that they will not pay the rent, but we will not be
IiabJe.
Mr. Caro IIo: I think with, you know, the additional revenues that the City Is
going to make for this, Is double at least what we are getting?
Mr. Odlo. Yes.
Mr. CaroI1o: And they are spending $750.000 In Improvements. We would have
to be crazy not to Improve this. but the only way that I cou 1 d vote for It
would be If.....
Mr. Dawkins: I think, CaTmIssIoner Caro IIo, the other thing 1 think we need
to point out Is. If they say that whenever they start the .... bu 1 I d 1 rig Over
here, they are going to move the total operation from Monty Trainer's over
there. therefore, we will not be cut out of the revenue we would be cut out of
If we did not have the facility, so that is another thing to add In It,
Mr. Odlo That Is,whatt I understood, air. You are right, Cometissioner. they
are going to move the raw bar part restaurant, over here.
Mayor Suarez: Well. that depends. Now watt a minute now. Does the otner
operation of Monty's has, does that have a minimum rental?
':'
Mr. Armada: Yes, It has minlmun rent.
r,
Mr. Odio: We will pet the minimun rent.
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Mayor Suarez: Even when you suspend operations?
Mr. Odio: Oh yes sir.
Mayor Suarez: I presume that Is a very minimal minimum...
Mr. Armada: No. It Is about $250,000.
Mayor Suarez:... compared to the actual Income that we get.
Mr. Armada: Well. yes.
Mr. Odio: $200,000. ,
Mr. Armada: It Is $250,000.
Mayor Suarez: A year?
Mr. Armada: Yes. sir. That Is the minimum.
Mr. Odlo: Let me say this for the record. Monty Trainer's property, minimum
rental Is $250,000 over there. If you compare that, and the size of the
property that they have tied down to Merrill Stevens. there is no comparison.
Mr. Armada: The Issuance is volume of sales.
Mayor Suarez: Now. Iet me go back... yes?
Mrs. Dougherty: I wou I d Just I I ke to po I nt out that the I ten, at presently
says the Coconut Grove Exhibition Center wlII be expanded. We would Just
like to amend that to say, maybe expanded.
Mr. Odio: Well, not maybe. We've got orders to expand it.
Mr. Plumper: Yes, but we ain't got the money yet.
Mr. Odio: If we got the money.
Mayor Suarez: We have orders to expand it.
Mr. Plummr: Yes. when we get the money!
Mayor Suarez: Did we pass a resolution to that effect?
Mr . P l umier : Yes.
Mr. Odio: Yes, that you created...
Mayor Suarez: Without the... It was the proviso of the oanm i ttee coming back
with a reoomrondation.
Mr. Odlo: Yes, you created a oammittee that would bring back...
Mayor Suarez: I know If J.L. would get that committee going, it would be...
-
Mr. Plummer: Mr. Mayor. I told you what the problem Is, I mean, you know, I
+Ada no... I tried to be above board on the thing Is we are waiting to hear
,
f rezm O I ymp 1 a -York .
Mayor Suarez. Now, lest ems go back to the options for a second, because I like
the concept that we rewired an expenditure of $760.000. that It be done:
within, wheat have we said, the first five years of ...7
Mr. Arme►da. First five years, Sir, of the date of ass i gGnment .
48
E {4
..� - d [asac.Os._ •3 'i.�a: PSrsN4c4.f�.��frif
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Mayor Suarez: of the assignment?
Mr. Armada: Yes.
Mayor Suarez: Now. let me go back to the Initial agreement.
five year caption clauses, right?
Mr. Armada: Yes, three five year options.
That contained
Mayor Suarez: The first one of those would have been exercisable when?
Mr. Armada: 1989. September 30, 1989.
Mayor Suarez: At whose option?... the way it was written.
Mr. Armada: I can basically read It to you If you wanted to, but essentially,
it is at our usual negotiation.
Mayor Suarez: No. that doesn't make... no, no, no, let's Just clarify that
for the future, because we are going to confuse a lot of people and ourselves.
If you have an option exercisable by either party, you have absolutely
nothing. 1 don't even think you have a requirement of negotiating in good
faith.
-
Mr. Armada: I'm going to read it.
Mayor Suarez: Counselor, correct me if I am wrong.
Mr. Armada: It is making me lose my concentration.
Mayor Suarez: In future really, when we talk about option clauses, let's.
clarify whose option, and on what terms can the option be exercised.
Mr, odio: The way I've always seen the options around here, have been that
we would not deny the renewal unless we had Justifiable cause.
Mayor Suarez: Well, sane options are subject to negotiating rent, for
example, and those have been...
Mr. Armada: 1 found It.
Mrs. Dougherty: In this case it wasn't. _
r
Mr. Armada: Basically...
t
Mayor Suarez: This one was not?
Mr. Armada: No. Essentially. It says:
"This agreement shall ccimence on the first day of October,: 1979,,.and
shalt end on the 30th day of September, 1989. This privilege may., be
renegotiated for three additional and Individual separate five year
periods upon request of the concessionaire. submitted In writing at least
six months prior to each termination date. Failure to reach mutually
agreeable terms for any renegotiation shall serve to terminate this
agreement without penalty to either party."
Mayor Suarez: below, Who drafted that?
Mr. Armada: We haven't found the author.
Mr. bdlo: That was done In 1975.
Mayor Suarez: Wow! Then It says. "failure to renegotiate terms". It doesn't
give any criteria for renegotIatIng terms.
Mr. 0dlo: You can hang that one on .Joe Grassle.
Mayor Suarez- You weren't here, were you? V*.0 t
Mr. P i u► T er : What year?
49 25,
Mr. odIo: 079.
Mr. Plumwr: I was here! What was the provision?
Mr. Armada: The provision calls for three - five year options to be upon the
request of the ConOOSslonalres sutamitted In writing, and we have to reach
mutually agreeable terms.
Mayor Suarez: Well, If a concessionaire has the right to exercise the
option...
Mr. Plurmer: Oh, but on mutually agreed terms. If we don't agree, then he
doesn't get his option.
Mayor Suarez: Right, but the Implication of the first phrase Is that It is
solely at his discretion, and that the mutually agreeable terms would be
nonessential terms.
Mr. Piu'rmer: Well, but Mr. Mayor, I...
Mayor Suarez: Nov we have got a situation here where they can say, "What that
means Is precisely nonessential terms. We had an option for another 15 years
that we could have exercised In three chunks Just by giving you notice and we
can therefore assign this to saneone else!"
Mr. Plum, r: Mutually agreed.
Mayor Suarez: Well, that's my question now. Are we putting Into the new
amendment...
Mr. Armada: We are...
Mayor Suarez: ...that It Is subject to renegotiation at each exercise?
Mr. Armada: We are renegotiating that at this point. We have renegotiated
the term, the consideration clause.
Mayor Suarez: No, no, I mean at each exercise of the five year options.
Mr. Armada: No, we are renegotiating the consideration clause at this point
for the entire 15 years, and I think It Is going be very, you know, beneficial
to us. Renenber, sir, that the Issue here Is.....
Mayor Suarez: Without the right now, every five years to renegotiate terms.
Mr. Armada: That `Is right, we are losing that at this point, but we are
renegotiating the consideration clause to the extent that we are going to, as
has been said before, we are going to minimally. OK, double in the first year
the amount that we will receive. The Issue Is the volume of sales.
Mayor Suarez: AK, does the City Manager feel that in view of the $750.000
1 nvetrnent , I t makes sense to b i nd our hands, or t I a our hands, for the next
15 years like this?
Mr. Armada: The consideration clause definitely makes It very advantageous to
us, sir.
Mayor Suarez: And does this Include the restaurant?
Mr. Armada: Yes, sir. It Includes both Incane streams, the restaurant and
the concession operation.
Mayor Suarez: Does it allow any renx4eling of the restaurant. or any
expansion of the restaurant facility?
Mr. Armada: That Is what the $750,000 are all about. The rawxfeIing...
Mayor Suarez: But. expansion In an area? IDt just r ling.
Mr. Armada: No, not necessarIIy, no. not expzansIon of an area. sIr.
Me,yor Suarez: No, or taking up additional parts of the parking lot, or
anything else?
Mr. Armada: No, sir, no.
Mr. Odio: It Is Just doubling the income of what we have had with that
operation.
Mr. Armada: But, the real Issue to this Is the volume of sales. You know,
when we look at the Chart Mouse. and when we look at Monty Trainer's
restaurant...
Mayor Suarez: What Is the Issue? But, we have no guarantee, Alberto, If the
volume Is not high, that we can get out In any way.
Mr. Armada; Yes, but we do have a tenant now In there, sir. that Is on I y
grossing $800,000. where we are looking at other restaurants where they are
doing $5,000,000 to $3,000,000! 1 think that definitely reflects...
Mayor Suarez: Do we have any way out of this, then, over the next 15 years?
Mr. Armada: We always have a way out of it.
Mayor Suarez: Well no! In other cases, we have the provision that says we
can purchase back... In the Casino Espanol case, we have a provision that says
we can purchase back the facility, and full use of it by payment of the
unamortized cost of the Improvements.
Mr. Armada: There Is language to that In here.
Mr. Odio: Yes, sir, there had better be.
Mr. Armada: There Is language to that in here. I don't recall exactly the
wording of that one, but there Is language to that in here. Do you want me to
find out?
Mayor Suarez: Well, 1 Just want to know how we can get... regain the use of
the property, If...
Mr. Odio: You pay the....
Mayor, Suarez: Now, in the case of the Sport Arena, we went a step further
than any of these other ones by having a performance failure clause, which I
thought was a heck of a good provision for the City. if we are not getting a
certain amount of return and all of that. I am not saying that we should do
that here, because the conditions might not call for It, but, and of course
the City is putting some huge amounts of money Into the Sports Arena.
Mr. Arvada: Sir, I found It.
Mr. Odio: Well, they are going to voluntarily walk out, It Is In here.
Mayor Suarez: Well, we hope they voluntarily walk out, If they are not doing
well, but the prior...
Mr. Odlo: Why would they sit there and lose...
Mr. Armada: Termination by City, Section 32:
"The City reserves the right and privilege to terminate this agreement at
any time..."
Wait a S000nd. I'm sorry, I have to make a statement here. I remember that
part of the amendnent. OK? that Terrenark has, that we have negotiated with
Terremrk_Includes the complete elimination of this clause, which I am going
to read now, the te:rrm i nat i on clause, and I w l l i explain to you the reasons
why. It says the City...
Mayor Suarez: So there won't be any termination clause.
Mr . Arnr ada : There won ' t be any team i nat i on clause. We would have to pay, you
know. the vac l ue at that time. the market value at that time, you know,
ne:got i ated with him, like we have done with other situations.
61 Septayber 25, low
- �s
Mayor Suarez: Do you recommend that, Mr. City Manager?
Mr. Odio: We are terminating then at whatever the unamartized capital Is. We
pay then and the contract Is
Mr. Armada: Ski €lo you want to than... well, yes, sir, but we had made It part y
of the amencnent to remove that clause. Do you want to put It back in?
Mr. Odlo: It Is up to the Commission, but I would reoammx'nd that we do.
Mr. Carollo: If the Manager recarmends that we do, then I think we should.
Mr. Armada: Could we say something if possible? One of the objections that
Terrenark had with this statement was the fact that, you know, this
termination by the City us a completely open ended right to terminate then at
will. Perhaps It would be a better suggestion to just Include In here a
little clause like this: "Instead of saying the City reserves the right and
privilege to terminate this agreement at any time, we should say, at any time
with causes" and If we have cause to terminate It, then we can terminate It,
subject to relmbursement of concessionaire and unarmortized....
Mr. Dawkins: Did we vote?
Mr. Plumper: No. Do you want to bring It back this afternoon?
Mr. Odio: We will bring it back this afternoon with a termination clause.
Mayor Suarez: There may be an alternative that you might want to consider
between now and this afternoon. it used to be we had to pay the value of the
lease, or whatever we call this...
Mr. Armada: The lease hold interest, the value of the
Mayor Suarez: Right. We then went to what we have now, which I think is the
harshest measure of all, which Is to say we will only pay you the
unamortized...
Mr. Armada: That is what we have got presently. That is what we were going
to
Mayor Suarez: Right, and we are taking that out. In a case like this, if the
City Manager reoo... nds It, If it makes sense as a way of getting the property
Improved, and someone there that returns something reasonable to the City, and
otherwise enhances the area, we may want to consider saying, we will pay you
back a percentage of the lease value, or something, but previously specified.
The notion that 15 years from now... let's not say 15 years, but 10 years from
now, by some appraisal, this property may be worth an Incredible amount of
money. and we have to pay that to someone that we gave It to, to me just
doesn't make any sense!
Mr. Odio: Why don't we just say this - If at any time the building for public
purposes will be damollshed, the contract expires, that Is It, and we will pay
than back the unamortIzed...
Mayor Suarez: Yes, I am thinking, you know, let's say that the whole concept
doesn't work. Let's say that the Convention Center, you know, just doesn't...
Mrs. Dougherty: At any time that the building cones down for any reason the
Commission deans a public purpose, only in that event can we terminate for no
cause, and pay the unamortIzed mount, so there Is only one eventuality, and
that Is when we need to take the building down.
Mr. P l ttmmr : For a public...
Mrs. Dougherty: For a public purpose.
Mayor Suarez: And it would have the additional standard of a public purpose.
I guess anything we do has to have a public purpose except the taking back
land. That has a particular meaning to 1t.
Mr. Plurrmer: Rewrite it. and bring It back this afternoon.
52 t r 25, left
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Mayor Suarez: That Is a heck of a lot closer to what I would be willing to
accept.
Mr. Ronald W I I I I Pardon me, Mr. Mayor. We basically considered to make
those changes as we have the other changes that you directed us to. Would you
still IIke to see us this afternoon? My question Is, could we get you to
approve It subject to these changes?
Mr. Plummer: No.
Mr. Williams: Thank you.
Mayor Suarez: I guess that answers that.
22. ALLOCATE AN ADO I T I ONAL $70, 000 FROM THE 12TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FLMS IN SUPPORT OF THE ECONOMIC DEVELOPMENT PROGRAM OF ~-
Mayor Suarez: Agenda Item 11. It has been pulled.
Mrs. Kennedy: 1 pulled that one because I basically need sane clarification
as to what was the arrangement that we voted On, and what is the resolution?
My understanding was that we were giving them the $100,000 and the option to
retain three or four positions, but that Is not what I read here in this
resolution. Madam City Attorney, 1 think I have to ask you that question.
Mr. Castaneda: At least It was our understanding that no positions would be
given. and in return of that we would give then $100,000 cash.
Mrs. Kennedy: Well, I don't think that was the understanding that they
received.
Mr. Plummr: What it was, at first It was recarmended that we give then four
amployees this year and give them an additional year to try to find other
funding from other municipalities, and then the next year out with nothing.
The Manager recommended that Instead of doing that, give them $100,000 subject
to them supplying to this Commission a program that this Ca mission would
approve their program or not.
Mr. Odio: That's correct.
Mr. PILmner: And that is what we're faced with here today.
Mr. Odio: And I stand by that. They should bring a protect that you will
approve and then we can measure their performance.
Mr. Plummer: Right. The only thing I want to stipulate In here,
If these monles are to be used, Mr. Manager, and I'm thinking more of the fact
that we have seven City employees there presently, well, what I'm saying to
you, sir, Is that rather than create a havoc In our own side of the Issue of
having to assimilate seven aroloyees back, that If they're going to use
employees for these programs that they should be City employees, so that we
don't have to worry at this particular time as to are we going to give thom
fond, or whatever. What I'm saying to you Is, whatever this program for
$100,000 Is that you're going to proffer to us, I'm assuming It's going to
need people to implement It.
Mr. Larry Capp: Yes, Commissioner. It's for the ongoing support of the
program.
Mr. Plum er. I am concerned about those seven employees who formerly were on
your staff, who could be faced without a job, or having to be forced back and
assimilated into the workforce of the City. I'm saying to you that these
monies should protect at least four of those City employees, Is what I'm
saying.
Mrs. K.ehrwdy : How rany pas i t i ons can you get with the S 100, 000? 18 it four?
63 SeDtayber 26, Ifte
Mr. Plummer: Then you got too expensive employees.
Mr. Odlo: That's right.
Mr. Plumper: how many will it.. Is It three?
Mr. Capp: Possibly three. yes. But basically, Ccmmnissioner, to recap, you
know, our understanding Is that from the previous discussions that we've had,
is that at this point the Cammission has agreed to work with us for at least
another year, and this will allow an opportunity for us to, In the spirit of
cooperation, work together, Inform you more as to our mission and what we're
doing, and at the end of that time the Commisslon would decide If It would
continue participation. I think In the
Resolution...
Mr. Plummer: That is correct.
Mr. Capp: ...that Is currently written, the Ccmission did not want to tie
its hands at this point In terms of deciding what it's going to do at the end
of the fiscal year.
Mr. Plummer: That's not the question In point. The question that I have -
we're giving you $100,000 to do a program. I am worried about those seven
employees. If you can put four of those to work In the program that we're
sponsoring, then the administration only has to worry about three assimilating
back into the regular workforce. You know, I've had too many times In my 16
years, Larry, where seven employees show up herewith their families and their
babies and everything, saying, "Hey, you left me without a Job," and that's my
concern.
Mrs. Kennedy: What do these employees do, specifically?
Mr. Capp: The four positions that we would like to keep would Involve
professional level staff persons who are assigned to work on our action
cammittees, and these particular persons would work in the areas of Education,
Employment. and housing In particular, and they would staff the cammittees,
they, would monitor the implementation of various projects that are funded
through our project budget, as well as various projects that, sane may be
funded through the School Board and others, but they are a part of our mission
statement and a part of the Metro -Miami Action Plan In terms of well over 100
recommendations and recammended actions that we're dealing with; so we're
talking about at least Bachelor's level staff persons who would be working
with our staff.
Mr. Od1O: Who pays the employees? They do? Or we pay then?
Mr. Plummier: They do.
Mr. Odlo: With the $100,000.
Mr. PIumier: Yeah, they would pay the employees from the $100,000.
i
Mr. OdIo: So they beoane an enployee of Metro Miami Action Plan.
> Mrs. Kennedy: But then do they have the option, or do you just give then the
' money and let then...
j:
Mr. Odlo: See, that's what I'm trying to clarify. If the employees stay
j' there and they stlII remain City of MI&ni employees, then we're paying the
1 employees and they don't get a penny fran the $100,000.
Mr. Plummier: Well, Mr. Manager, my only thoughts are that If we're putting
City money toward this program, we've had City employees there, 1 think we
have some ob i I gat i on to protect as much as poss i b I e . Now, whatever he says.
f there's three to be rem I n, or four, you've goat to worry about bringing
those back to the regu I ar ma I nstrew of amp I o)Xmnt of the C I ty and f i mad jobs
for them. Why shou I d we be sadd i ad w I th f I nd 1 ng seven Dos i t I sans when we can
:. be saddled with only finding three, and then In a year you have the
g
opportunity to find...
i ml:tn r 26, it
l:
S M
e
Mrs. Kennedy: Plus they have been doing It, they have the expertise already.
Mr. Odlo: It's up to YOU.
Mr. P I umner : Wei I I , I ' I I make a mot I on that three emp I oyees be funded f ran
this program for one year, not to exceed $100,000.
Mrs. Kennedy: And I second.
Mr. Castaneda: Ccxmnissioner? But they will be City employees.
Mr. Planner: That's all right with me, yeah, because If you don't do it that
way, then they lose all of their benefits of a City employee. Hopefully,- at
the end of this program of City participation, that these people are going to
be assimilated back Into the workforce. I mean, I think they have that right
to expect that, and as such I think that at the end of that term they want to
keep up their pension and other benefits, and that's what It Is. I think It's
only fair, that's what I'm saying.
Mr. Capp: Could we also add, Unmissloner...
Mr. Odlo: You are amending what you passed before.
Mr. Plummer: That's what I'm doing --I'm emending_ It, OK7 it was my
understanding...
Mr. Capp: Doctor.
Mr. Plummer: Yes.
Mr. Capp: Could we also add, Camrissioner, with respect to the motion, that
the funds will be utilized for salaries and If there Is any left over, that
they could be used for other support for the program within that $100,000?
Mr. Plumper: Sure, sure. Not to exceed $100,000 Is what I said.
Mr. Capp: OK. Could we also, we're also requesting that Section 2 of the
current Resolution be stricken, so that the Cc mission has the option at the
end of the fiscal year of then deciding what It will do as far as future
participation In M.M.A.P. Is concerned?
Mr. Odio: Larry, I hate to, don't build up your hopes. When you add up the
salaries of those three people you might be over the $100,000, because you are
Including fringe benefits.
Mr. Capp: But we're tied to $100,000. If we could only get two, we would
like to be able to work with the remaining funds, is what I'm saying.
Mr. Odlo: Well, you have to decide, then, because If you have an employee
there making $47,000 a year, by the time you add 45 percent to that your money
Is gone.
Mayor Suarez: But he's saying he wants that discretion. If he's able to...
Mrs. Kennedy: Yeah. Let him have the option to do that.
Mr. Odlo: OK. You tell us what you want to do, then.
Mr. Capp: Fine.
Mayor Suarez: Moved and seconded with that understanding.
Mr. P I tamer : Yet).
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was Introduced by CcMissloner Plumner, who
moved its adoption-
RESOLUT ION NO 86-767
A RESOLLIT I ON MEND I M SECT I ON 1 OF RESOLUIT I ON NO. 86-
620. ADOPTED JULY 24, 1986, TO REFLECT THE CONTINGENCY
FUNDS OF 12TH YEAR CORM I Ty DEVELOPMENT BLOCK GRANT
FUNDS AS THE SOURCE OF FUND INS FOR A $30,000
ALLOCATION To MIAMI-WTRO ACTION PLAN (MMAP) ; FURTHER
ALLOCATING AN ADDITIONAL $70,000 FROM 12TH YEAR
CMMJNITY DEVELOPMENT BLOCK GRANT FUNDS, TARGET
AREA/ECONOMIC DEVELOPMENT AND PHYSICAL IMPROVEMENT
PROJECTS POOL, IN SUPPORT OF THE ECONOMIC DEVELOPMENT
pl:03W OF WW TO PARTLY DEFRAY THE OPERATING
EXPENSES OF SAID ORGANIZATION SAID SUM BEING
APPROXIMATELY EQUAL TO THE COST OF FUNDING CITY
PERSONNEL POSITIONS DURING THE CURRENT YEAR; IT BEING
UNDERSTOOD THAT SAID ALLOCATIONS WILL AFFORD RAAP MORE
TIME TO SECURE ADDITIONAL FUNDING FOR ITS PROGRAM;
FURTHER STIPULATING THAT THE CITY OF MIAMI WILL NO
LpNGER FURNISH OR PROVIDE FUTURE ASSISTANCE TO MMAP;
CONDITIONING THE HEREIN ALLOCATIONS UPON THE CITY
CCWISSION,S APPROVAL OF THE PROGRAM TO BE PRESENTED
BY MMA P WITH ALL EXPENDITURES OF THE HEREIN
ALLOCATIONS TO BE MADE UPON THE BASIS OF THAT APPROVED
PROGRAM; FURTHER REQUESTIM MMAP TO RENDER A MONTHLY
STATUS REPORT TO THE CITY OOWISSION ON ITS
ACTIVITIES.
(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-
septaydoer 26. 19W
23. DIRECT ACMINISTRATION TO ATTEMPT TO RECOVER THE CITY'S INVESTMENT IN THE
—
MELROSE I"SERY PROPERTY.
Mr. Odlo: Item 15. That's Melrose Nursery.
Mr. Plumper: Do we have a proposal on that?
Mr. Odio: This authorizes the Manager to prepare and publish an R.F.P. as per
the guidelines contained In the Resolution.
Mr. Plumper: Well, Just to prepare the R.F.P.?
Mr. Odio: Yes, but with the guidelines. You must review the guidelines that
are In this Resolution. Do you want to explain It?
Mr. Plumper: What are the guidelines?
Mr. Jerry Gerreaux: The guidelines for the request for proposals, Mr.
Commissioner, would be that the Melrose site, which Is the subject of the
development, would be conveyed to the successful respondent, of course, to the
proposals that we receive; that whoever the successful respondent was would be
responsible for providing the financing and doing the marketing of the units
that would be developed. In other words, our only input would be the land.
And that the townhcmes or cluster homes developed by the successful respondent
would be marketed within the affordability range of people whose incases do
not exceed 120 percent of the median for the area, and that the townhases
developed would be marketed on an equal basis to all members of the ethnic
corm unity, and those would be the general requirements. There would be a
number of others. We would set a maximum for the number of units. We would
set a unit mix that's consistent with the City's housing needs.
Mr. Plummer: Now, my question has to be, that R.F.P. would cane back before
this Commission prior to being issued?
Mr. Odio: Oh, yes. Yes, sir.
Mr. Gerreaux: Yes.
Mr. P I Lrmer : OK, because when you say you w i l l be setting the limits as to
how many houses, you're not telling me much.
Mr. Gerreaux: We. We, yeah, we - you.
Mr. Odlo: We, Commissioners will bring back any R.F.P.'s before there Is...
Mr. Plumper: We own the property presently.
—
Mr. Gerreaux: Yes. we do. The title to the property Is In Dade County's name
as a result of the way the acquisition process went.
Mr. Plummer: All right. And are you proposing that this would be for rentals
3
or for sa I e?
Mr. Gerreaux: We are proposing affordable sales housing for faml Iles of low
and moderate Income on the site.
Mr. PIum r: Are we talking about, as Commissioner Dawkins, about under
$50.000?
It
t�
Mr. Dawkins: Let me piggyback on what you're saying. OK? 1 have here...l.
have gone out with the union, AFL-CIO. They're willing to cam in, take that
site, .and put 150 Knits, If we approve It, and use their Pension Plan as
construction money, and bring the units in under $50,000. Now, the.only
problem with that, my fellow Commissioners. Is we would have to do with thq m
just like we did with Tacolcy and those - make the land available to them as a
503 nonprof I t orgaan i zat i on , and they wou 1 d ciame back I n . Now, In order for
us. and l say this and mean it, to be fair, If we made the Melrose site
i
57 Wtarber 25, 1986
available to the union with this plan where they're going to cone In with
their own dollars and their own work force and put It up, then I would be In
favor of doing the Sam thing with the Latin builders and the Allied Black
builders, and we, and I don't even know If this Is legal, we make available
the Civic Center site, where If the Latin builders or the Slack builders can
come In with a package to bring in same homes on that site under $50,000 like
these guys were going to do, then we've made everybody happy, because if we
make this available, which I have no problem with now, make this available...
Mr. Plummer: Well, It's still got to go through the R.F.P.
Mr. Dawkins: No you don't!
Mrs. Kennedy: This one you don't, because It Is my understanding that this
land presently Is owned by the County, because they eondenned It for the City
under a City project. so It's In their names and they may have a different
procurement methodology. I don't think that they have to go through public
bidding If It's for a nonprofit corporation. That's not true of the City of
Miami, however.
Mr. Dawkins: See, the union wants to came in with Its own Pension Plan and
build this.
Mr. Gerreaux: The union? What union?
Mr. Dawkins: The AFL - all of them. But see, what I'm saying is that we did
the same thing with Tacolcy. We gave then land, and, but to be fair, Joe, we
have to take the Civic Center and make It available for the Allied Black
builders and the Latin builders.
Mr. Gerreaux: We do have some Latin black builders too.
Mr. Dawkins: Yeah, um-hmm, yeah.
(Laughter)
Mr. Plummer: How do we recover the cost of the land?
Mr. Dawkins: In the sale of the houses? Well, if you're going to make It
affordable. you don't.
Mr. Gerreaux: No. you don't recover.
Mr. Dawkins: But If you're going to make a profit on It, then you recover the
cost of the land.
Mr. Plummer: Well, Miller, I'm not worried about making a profit as much as I
am continuing affordable housing at a later date.
Mr. Dawkins: Tell him haw we can go to the Super Fund with this.
Mayor Suarez: Yeah, and Jerry, In the same connection, let me just add this:
wasn't the whole concept of having a housing agency where the City was going
to end up being the developer, to use precisely nonprofit entitles?
Mr. Gerreaux: That was certainly a part of It, Mr. Mayor.
Mayor Suarez: Are we now just discarding that under the Initial idea of going
always to RFP's or can we try this approach?
Mr. Gerreaux: Yes, I think we can try this approach. I think we need to try
every conceivable approach to meet the housing needs of the ca mxJnity at this
point In time, and we are going to be using a number of approaches. There
are new approaches coning up all the time
Mayor Suarez: Was It your Idea under the Initial plan - I don't know how many.
years ago these sites were acquired - was It your Idea to try to recover the
cost of the lead or to try to have that be the subsidy. In effect, that would
make the properties available for a lot less than would otherwise be...
Mr. Gerreaux: Our Idea was to deliver housing to law and moderate income
people at the lowest affordable price. That was our idea In...
68
September 26, iqW..
-93
Mayor Suarez: And that might Include not recovering anything on the land?
Mr. Gerreaux: Yes. yes. That required not recovering anything, but remember,
Mr. Mayor, once the site Is developed we will start recovering or getting back
our initial Investment. It's going to take time, but that is going to cane
back in the forTn of taxes on the Improvements.
Mr. Plumper: Well. look, my concern Is that, you know, we own this piece of
property. and I was hopeful we'd get some return on our money so that we
could do another project, OK? You know, sooner or later the well runs dry of
monies to acquire property.
Mr. Gerreaux: I think there may be sane...If we go this route i think there
may be some opportunity. depending on what, you know. the lowest possible
price we can get for the best quality unit there may be a possibility to
recapture score of the money. and over time all Of the money, but certainly not
at the beginning.
Mr. Plumper: Well, but, Jerry, It's not fair to say that we're going to
recoup our money through taxes, or ad valorem taxes. You know, 31 percent of
our budget comes from ad valorem, and It doesn't even pay for the amount of
service we provide. I'm not trying to make that a poor-rmouth Issue, but to
recoup the monies to try to have other properties available is, I think, the
way It should be addressed, because I don't want to do one project, Amen, and
then we all suddenly have no more money to do anything else
Mr. Dawkins: There goes our exact sentiments.
Mrs. Kennedy: So what are we deciding Jerry?
Mayor Suarez: We are approving the site for affordable housing with the
parameters stated. The only question is, are we going to try to do it through
an R.F.P. process, and now Indicating too they should follow that, or try to
go to a nonprofit agency to work with us...
Mr. Plumper: Well, but. Mr. Mayor, I don't think the union can be considered
a nonprofit. are they?
Mayor Suarez: Yeah, they're...
Mr. Dawkins: They've got a 503.
Mayor Suarez: They're a 501(C)(3)
Mr. Dawkins: If you get 503. 1 think the government says you're
nonprofit.
UNIDENTIFIED SPEAKER: The pension fund.
Mr. Plumper: The Pension Fund Is nonprofit? Well, I'll Just put my thoughts
on the record. I like the Idea, I like the concept. But the concept affords
me no return of the purchase of the property, and that's my concern. Now, my
feeling Is that If we go through an R.F.P., we can maybe stIII meet aI1 the
orIter Ia that Is being proffered by the union and get same return on our money
so that we'll have monies to go out and buy other property and do other
projects. So under that basis... _
Mayor Suarez: Jerry, how about If In the R.F.P. we specify that the operation ?f
be on a nonprofit basis, and that the entities that participate have to be
nonprofit.
Mr. Plur:
N0. that's
not my concern,
Mr.
Mayor.
Mayor Suarez:
But no, I
man, let's try
and
resolve this whole thing.
Mr. Dawkins: All we're saying Is...I agree with you. J.L., that all we have
to do Is add the cost of the land to the unit and get the money back and put
It back Into the: housing fund.
Mrs. Kennedy: Back Into a revolving fund, yes, I like the Idea.
-77
Mr. PILmner: That's what I Iike the Idea of. -
Mr. Gerreaux: I think either way there Is an opportunity to get a l im i ted
return on the land, either way, but...
Mr. P I tarmer : I ' I I to i I you what you do. C K, they have made A cx= I tment .
They've made a ommI ant, as 1 understand from eormIssIoner Dawkins, that
they' 1 I bu I Id 150 units under W, 000 - Cat? --on this property. Now, I have no
problem, and I don't think Dawkins would either, If It went to $55,000 x 150,
to g i ve us back a part of our mangy so that we cou l d acquire land with the
monies that we get back. 1 don't want this program to ccme to a dead end, and
my fear Is, If we get no money bask for the land, It's at a dead end, because
the well goes dry.
Mr. Dawkins: The revolving fund will no longer revolve. Is that what you're
saying?
Mr. Plummer: There's no revolving.
Mrs. Kennedy: 1 have no problems with that. If you want to...
Mr. Plummer: Let we tell you where I am. What I would Iike to do, I would
like to send It back to the union saying to the union, "Look, we paid X number
of dollars for this property. Do your massaging of your numbers. Came back
to us and tell us how we can recoup our money and then, you know, we can deal
with It accordingly."
Mayor Suarez: How much did we pay for the land according to that... pursuing
that line of thought?
Mr. Gerreaux: We paid $2,000,000 for the land.
Mayor Suarez: The additional $5,000 per unit, if there were 150, would give
us $750,000 back. Maybe they can cone a little tower In their estimates, you
know.
Mr. Plumper: Maybe, Mr. Mayor, maybe It's ten. I don't know.
Mr. Gerreaux: No, I think part of this whole thing has got to be negotiating
and caning back to the Carmission with a deal that returns money back to the
City for revolving it Into other projects, and 1 think we can aceanplish that.
Mr. Plummer: Well, as far as this one vote is concerned, before you go to an
R.F.P., I'd Iike you to go back with the people, massage it, and come back and
tell us where you are.
Mr. Dawkins: 1 so move.
Mayor Suarez: So moved. Are we building In that the bidders would have .to -be
rcnprof i t?
Mr. Plummer: Oh yes, very definitely.
Mayor Suarez: Moved and seconded.
Mr. Plummer: I'm sure not going to give. City, property to,,a profit
corporation.
Mayor Suarez: Call the roll.
The following motion was Introduced by Cammissloner Dawkins, who moved
Its adoption:
MOTION ND. 86-768
A MOTION AUTHORIZING AND DIRECTIN3 THE AM I N I STRAT I ON
TO ATTEMPT TO RE00VER THE CITY'S INVES7 ENT IN THE
M:L"E NURSERY PROPERTY WITHIN THE PARAMETERS OF ANY
PROPOSED SITE REUSE; FURTHER REOMSTING THE
ADA I N I STRAT I ON TO 00ME BACK W 1 TH A REOOAMENDAT 1 ON .
Upon being seconded by C',mmissioner Kennedy. the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
oo mIssIover J. L. PILrmmer, Jr.
Cmmissloner Rosario Kennedy
Vice4ftyor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: You have a very simple trade-off there between getting some
money back and having the cost be higher, so If you give us same kind of
analysis of that.
Mr. Plumper: Excuse me, Mr. Mayor, I'm not beyond your negotiation. I'm only
speaking for myself, that If they want to proffer another piece of land in
lieu of going up in the price, that's also acceptable to me, which gives us
the assurance that we will continue this program. I mean, I'm not saying that
It's got to be dollars. They can give us, to me, an alternative of another
suitable site, fine.
24. DISCUSSION CONCERNING CITY AUDIT PERTAINING TO CASINO ESPANOL.
Mayor Suarez: Item 16, the last one we take before lunch, or, we actually
would reconvene at 3:00.
Mr. Dawkins: Are we also asking then to work with ,the Latin builders and
Black builders to see If they can come In on the other site?
Mr. Plummer: For discussion purposes I see nothing wrong with that.
Mr. Dawkins: Yes, for discussion.
Mr. Plummer: Are we going to do Casino Espanol before lunch?
Mayor Suarez: Yes, because we have till 3:00 P.M. afterwards, and these
gent, Iemen have been waiting and this iten has came up 18 million times before
this CQwmission.
Mr. Odlo: At the request of the City CannIssion we proceeded to audit Casino
Espanol de Habana, Incorporated, manbershlp rosters and fees paid for the
period of February 8, 1984, through September 8, 1986.
Mr. Plummer: Mr. Manager, have they been given a copy of this report? Have
you all got a copy of this report?
Mr. Ricardo Martinez: Is It a report dated September 23, 1986?
Mayor Suarez: Yes. Just for the record, state your name.
Mr. Ricardo Martinez: We were delivered a copy about a half an hour ago, sir.
Mayor Suarez: State your name for the record, please.
Mr. Carollo: I don't see how we're going to be able to deal with this In five
minutes, and this Commission's policy Is to break at noon...
Mr. Plr: Well, Mr. Carollo, If i may, please. The few lines that I've
had time to read, throughout this report It say$, "Due to limited time
additional inforwdtIon needed WIII be obtained at a later date, If requested,
Now, 1, you krxiN, and It's throughout this total report...
� 1 terrtr k 1 I'
Mr. Carollo: Well. the whole of It Is, J.L., that a lot of the Information
that was required by the City fran day one was not provided to the City.
Mayor Suarez: Is that the case, counselor?
Mr. Carollo: Information that could either clear up same Issues or cloudy
them up even more, depending what It might be.
Mr. Odlo: Well, for Instance, we requested bank account numbers so that we
could verify deposits and...
Mr. Carollo: Deposit slips with dates, and so on.
Mr. Odio: We did not have time, I believe, or we were not able to obtain
that...
Mrs. Kennedy: Nunber three also states a payment schedule of membership fees
collected In the amount of $61,660, could not be verified as correct since
copies of payment receipts were not available for the review.
Mr. Odlo: That's correct.
Mayor Suarez: Is that the case, counselor? I want you to state your name.
Mr. Ricardo Martinez: May It please the CaTmission, my name is Ricardo
Martinez, here at 4000 Southeast Financial Center. Fernandez,
head counsel for Casino Espanol, Is at trial, so she could not be here today.
I am not personally aware of or privy to all the Information that's been
discussed, so our president, Segundo Fernandez, will answer any questions
regarding this matter. Thank you.
Mr. Carollo: To begin with, 1 think they should be given the opportunity to
see what, you know, our audit found up to now. It wouldn't be fair for them
to respond to anything when they've only had half an hour to read It.
Mayor Suarez: My understanding of what you're calling an audit is that there
was supposed to be a determination of the fact that the original list was a
valid list and that a certain number of people have paid the Initiation fee,
and I would be satisfied If I had answers to those questions.
Mr. Carollo: It went much deeper than that, Xavier. I know you wouId.be
satisfied, you know, giving It to them for a penny a year. I mean, I have no
problens with that. 1 know where you're caning fran. But what this
Carmission asked was a lot more In detail than that.
Mayor Suarez: What more did this Commission ask for .than to verify the Iist
Of membership and that roughly half had paid their carmission fee?
Mr. Caro IIo: What this CommissIon asked for was to verify all the financial
records, Including deposit slips, dates...
Mayor Suarez: Not fran my understanding of the record at all. The financial
records? All of the financial records Including bank accounts and figuring
out...
Mr. Caro IIo:
Financial
records having to do with
the meYnbershIp.
Mayor Suarez:
Deposits
and withdrawals?
Mr. Carollo:
Exactly, to find out If It...
Mayor Suarez:
Of a
private entity, that has proven Its ability, presumably',
to build the
project
in question?
Mr. Carollo;
No, It
has not proven Its facility.
That's the whole thing. It
has never proven Its
facility to build.
Mayor Suarez:
Well,
you can ask for any proof of
that that you like.
Mr. Carollo:
well,
that's what we're trying to
coo and thW re refusing to
give it to the City,
so far, and maybe they haven't
had the time to find It...
62 Scotenber 28 ► 1
Mayor Suarez: What have you refused to give to the City that the
o=nissloner's concerned about, relevant to the ability to finance this
project?
Mr. Segundo Martinez: I don't refuse to... In the report of the auditor, I
know that people that work In nuToers can make a mistake, and I an not
accusing the auditor, but these num#aers are not exactly representative of the
document that we gave him. For example, we gave t.Im...
Mayor Suarez: No one asked for him to be exact. We said substantially In
agreement with your prior representations.
Mr. Ricardo Martinez: From my prior discussions with co -counsel, we believe
that we tendered to the Ccsrmisslon Information that will prove conclusively
that at the time the Initial list was submitted, this was a list of people
that had genuine Interest In belonging to Casino Espanol due to past
association, present Interest, or attendance at certain functions.
Subsequently, some of those people have died, others have Joined. We have
also provided the Ccmni sslon with signed applications, proof of payment of
Initiation fees for substantial amounts of money, and we presently have a
roster of 700 peopI e that if the Corm I ss i on requests, we can probably have
here 350 of then to testify before the Urrm i ss 1 on . We now have $100, 000 In
our account; we're ready to start building, and we stand ready and willing,
and obviously able to provide additional Information that Is requested.
Mayor Suarez: It sounds IIke you're going to have exactly three hours in
which to convince sufficient mmrbers of this Cenm i ss i on that you have given
the Information requested, because we're not going to be able to acconpIIsh
that in the next couple of minutes, so...
Mr. Segundo Martinez: Plus, on April 22, 1 presented and was accepted by the
CmmIsslon, and at that time we only had $29.000 In the bank. I presented a
certificate of deposit that was accepted by the Carmission like the money
Mayor Suarez: Well, that would have been by the Manager, I guess.
Mr. Segundo Martinez: Now, we have In the bank, in a different account,
$104,524.07, plus the certificate of $100,000, and the construction only will
cost between $170,000 and $180,000, according to our and when l
say that I submit...
Mr. Carollo: Sir, you know, what you're telling us is quite different from
what the auditor says. So either our City Auditor should be fired because
they're canpletely nuts and don't know what they're doing, Or someone's lying.
Mr. Segundo Martinez: Mr. Carollo, or Ccmnissioner Carollo, please. I went
to many places and many conferences, and I don't like to be here like a cross-
examination. Let me explain, and I will explain to you what It's all about.
Mr. Carollo: You have about one minute to explain before we break.
Mr. Segundo Martinez: Weil. you give me one minute, it's very hard. I will
explain...
Mr. Caro 1 1 o : Then what I wou I d suggest, sir. Is that you cane back at 2 : 30
and we'll take It up then, with whatever time we need.
Mr. Segundo Martinez: You know, Conmissloner Carollo, we've been scheduled
for 11:00 o'clock. You know all our families, very decent people...
Mayor Suarez: We' II take you back up at 2:30 P.M. This Carmission Is
recessed until then.
Mr. Ricardo Martinez: Could i respectfully request that perhaps the City can
provide us with a IIne-by-line request of what Is required of us. so that that
can be submitted In writing to the City Ccrrmisslon.
Mr. Caro IIo: Mr. Manager.
Mayor Suarez: You don't have that? You don't have that Just yet?
63 Septayber 28. 1986
7,771
Mr. Ricardo Martinez: No, we have a theory, conclusions here. but If there
are requirements regarding specific accounts, specific names, I think that the
rational way to proceed Is not to argue with the Crnmission...
Mr. Odlo: No, I don't want to argue with anybody. We asked the auditors to
audit your books and the list - we only went by what you provided the
auditors. Now, If you have additional Information to provide us, I'll be glad
to have you meet with the auditors. But this audit was done with your
Information, so...
Mr. Ricardo Martinez: No, no. The burden of providing the Information was
always on our shoulder, and we think we have legally discharged that. Now, If
you have any questions or requests for specific additional Information, we
will be glad to supply you with that.
Mr. Odlo: No, what I'm saying - I'll say It In Spanish.
Mr. Ricardo Martinez: No. you don't have to say It In Spanish. Your English
Is good enough.
Mr. Odlo: CK. What I'm saying Is very clear. The Information listed here
was provided by you. Now, If you are deferring from these numbers...
Mr. Ricardo Martinez: Would you Iike us to respond In writing to the Items,
Item -by -Item, provided In the auditor's report?
Mr. Odlo: That's your prerogative to do so.
Mr. Ricardo Martinez: I'm asking.
Mr. Odlo: That's up to the Carmisslon.
Mayor Suarez: You'll have an opportunity at 2.30. There's no way we're going
to resolve this In the next few minutes.
Mr. Carollo: Well, we're a minute after. We break for lunch at noon.
Mayor Suarez: We break for lunch when the Chairman decides we break for.
lunch, or when he loses a quorum. But we are going to break, and we recess
until 2:30, and you have two -and -half hours In which to convince some of the
administration members that the numbers corroborate what you have previously
stated, and/or any Canmission members.
Mr. Segundo Martinez: I would like to have an opportunity to explain Item -by -
Item what is presented and what they say here, that Is not correct.
Mayor Suarez: I agree with you, but you don't have to convince me. You have
to convince two other people.
Mr. Segundo Martinez: No. I will convince everybody, but I will explain
myself Item by Item.
Mayor Suarez: Well, you don't even have to explain anything to me at all. I
think you've comply with everything that we've requested fairly, and what 1s
now being requested 'Is totally unfair, so what you've got to do Is convince
the other Commissloners. O mmisslon Is recessed until 2:30.
Mr. Dawkins: You've got one more to convince.
Mayor Suarez: You need one more?
THEREUPON 1HE C I TY OOvl I SS I ON WENT I NTO A LUC-EON
RECESS AT 12:02 P.M. AND REOW4ENED AT 2:40 P.M. ,
W 1 TH ALL IVEWERS OF THE C I TY COW 1 SS I ON FOLM TO BE
PRESENT.
64
ti - w^e,-wr..�fi�tH'ai•^�^w `.�''Ii�p.fdY ���t'_.�..=.
24.1 CONNTINJEO DISCUSSION CONCERNING CITY ALAIT PERTAINING TO CASINO ESPANOL..
Mayor Suarez: Mr. City Manager.
Mr. Odio: Yes, sir.
Mayor Suarez: What concerns do you have, or any Commissioner, but you. in
particular, have. If any, at this point, with the Information provided by the
Casino Espanol membership, and leaders, directors, officers?
Mr. OdIo: The City of MIamI Internal Auditor Informed me that he will stick
to his report. Now, that's all I can do, and that's why we pay him...
Mayor Suarez: OK, does the general tenor of the report Indicate that the
criteria set by this Commission have been met, that they do In fact have the
na, rs - substantially the members - that they Indicated, and that Over 50
percent paid the Initiation fee, and they have the wherewithal to build the
project?
Mr. Odlo: Well, if I may say this...
Mr. Plumper: Excuse me. Time out.
Mr. Odio: CK.
Mr. Plummer: Mr. Mayor, 1 would appreciate that this conversation be held
until Connissloner Carollo arrives
Mayor Suarez: He's just walking in.
Mr. Plumper: OK.
Mr. Odio: I will answer your question In this way. i do not know the intent
of the audit. All`l can do, we were ordered to do an audit, and the audit is
this...
Mayor Suarez: But the audit was supposed to ascertain whether, as I remember
it,_whether they have the membership list substantially as stated, whether
people were paying their quotas, Initiation fee. I think over half of then
had paid their Initiation fee, and generally directed at the question of
whether they had the financial wherewithal to build this project.
Mr. Odio: I'll read for the record and then you decide the rest.
Mayor Suarez: You're not going to give us an opinion?
Mr. Odlo: No, sir. Only 97 of the 208 membership roster could be traced to
signed membership applications. However, there were 204 signed_ membership
applications which were presented to the Auditor. The payment schedule of
membership fees collected In the amount of $61,660 could not be verified as
oorrect, since ooples of payment receipts were not available for review.
However, as per the bank statements, total deposits made were $91,040, so
$29.380 remains unexplained. Bank balances of $57,518 as of August 31, 1986,
and, September 11, 1986, could not be verified as correct, because the
documents required were not available for review. As per bank statements,
deposits made were $91,040. and expenditures were $33,522, leaving a balance
of 07,518. Photocopies of two notarized letters fram the NCNB National Bank
to the Clay Commission Indicated that there were balances for two accounts in
the amount of $83,657.10 and $70.086. However, there were no bank aunt
bra for these accounts in the letters, and the required documents were not
available to support these balances. Due to the limited time, additional
Information will be obtained at a later date If requested. But the
answer to your question...
Mr. P I urm r : Lot me ask a q t. i on . If you have copies of notar i zed letters
from a bank, stating that this Is this ba I arm of the account, what e i se do
you nee from It? Then you go on that there were no bank account numbers,
and...
65 september 2e, 1
f
Mr. Carollo: If I may, for a second, Interrupt, Carmmissioner.
Mr. Plummer: Sure. go ahead.
Mr. Carollo: I was Informed by one of Cormisslover Rosario's aides that she
will be here in about ten or f i f teen minutes, and ...
Mr. PILmmsr: You want to wait? Sure.
Mr. Carollo: She'd like to see if we could wait on the subject.
AT THIS POINT, THIS ITEM WAS TEMPORARILY DEFERRED.
25. EXPRESS TO THE SPORTS AUTHDRITY CCWITTEE THAT CITY COWISSION WOULD
VIEW WITH PLEASURE THAT MANAGER OR DESIGNEE BE DESIGNATED AS THE
AU HDR ITY'S EXECUTIVE DIRECTOR.
Mr. Plummer: Mr. Mayor, may I bring up a point that It's - It Is an emergency
because of the fact that this Cormisslon doesn't meet again for two weeks. I
would like to suggest, Mr. Mayor, and I've asked the City Attorney, of course
pending the outcome of this Carmission's approval, that we give an Indication
to the Sports Authority Committee, which meets on Monday, that this Commisslon
would give preference and priority to the Executive Director therein named, be
It the City Manager or his designee, and the B portion, that the City
Attorney's office be legal counsel of same.
Mayor Suarez: Is the effect basically to dismantle that bureaucracy or that
office, and say that the City from henceforth is going to handle the
administrative duties? Is that the Idea? Sounds like a great Idea to me.
Mr. Plumper: My Intention - now, I'II speak for myself and let others speak
for themselves - I think, Mr. Mayor, we have a tremendous Investment in that,
and I think everyone has admitted if the thing doesn't do what It's supposed
to the City's going to have to pick It up. Now, I think that we have such a
tremendous Investment there - we're the landowners - that we need someone
there to represent us, the landowners, to make sure that everything is done
properly. And 1 just don't know of anyone other than the Manager Or his
designee that would do better, and of course I can't speak any higher of
counsel than that. So, that was my intent. Now If somebody else has
different Ideas, we'll go from there.
Mayor Suarez: Is It a fair statement to say that this will result Ina
savings of $350,000 to $400,000?
Mr. Odlo: It's too early for me to tell you that, but 1 assure you that we
will try to save as much money as possible In the bureaucracy because we don't
need to duplicate what happened during the Tacoma.
Mayor Suarez: Who Is left on the Sports Authority staff once the Executive
Director resigns? How many people does he have?
Mr. P1r: Four. I think It's four.
Mr. OdIo: Four people. I don't think we need that many, and off the cuff
I'll tell you that right now. The other thing Is that there was duplication.
We had Sechen, attorney for the Sports Authority working with Korge as City
Attorney, and we ended up following In their. footsteps and having to do things
double.
Mr. Plum r: Well that's a savings there alone of what? $50.000 a year plus
expenses.
Mr. Plummer; And that was Just the retainer.. So I'd like to - should I offer
that In a motion first? Because I don't want you to go to the trouble of
preparing an ord I nance .
Wit" 6, 1
=,�
Mrs. Dougherty: I an preparing an ordinance for your consideration, but if
you give me the direction by three votes, that would be great.
Mr. Plummer: All right, I so wave that that be the expression of this
Cc misslon to the Sports Authority on their Monday meeting.
Mr. Carollo: Second.
Mayor Suarez: So moved and seconded. Any discussion fran the Carmisslon?
Guess we really don't need to hear fran you, Gene. I presume you don't
disagree with this.
Mrs. Dougherty: We're going to bring It back this afternoon as an ordinance.
Mr. Plummer: WeII, we will bring It back this afternoon as an ordinance.
Mayor Suarez: All right. Call the roll.
The following motion was Introduced by CemnIssIoner Plummer, who moved
Its adoption:
NOTION NO. 86-769
A MOTION DIRECTING THE CITY MANAGER TO CONVEY
TO THE
SPORTS AUTHORITY COW I TTEE (WHICH CONVENES NEXT
MONDAY)
THAT THE CITY OF M 1 AM I C OW I SS I ON W OUII.D VIEW WITH
PLEASURE
THAT THE CITY MANAGER OR HIS DESIGNEE BE APPOINTED AS THE
EXECUTIVE DIRECTOR OF THE SPORTS AUTHORITY; AND
THAT THE
CITY ATTORNEY'S OFFICE BE DESIGNATED AS COUNSEL
FOR SAID
AUTHORITY.
Upon
being seconded by Cam IssIoner Caro IIo, the motion
was passed and
adopted by
the following vote-
AYES:
Ccmnissioner Joe Carollo
Carmissloner J. L. Plumper, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NDES:
None.
ABSENT:
Ccnmissioner Rosario Kennedy
26. EMERGENCY ORD 1 NONCE : REDUCE TO 30 DAYS REM I RENENT THAT RESOLUT 1 ON
CALLING TO MUNICIPAL ELECTIONS BY ADOPTED 45 DAYS PRIOR TO THE DATE OF
THE ELECTION V*ERE SAID QUEST I OV IS A "STRAW BALLOT QUESTION . "
Mayor Suarez: The ordinance has been drafted, Mayor Reboredo? Do you want to
take` up this Item so we can get It reso i ved? That wou 1 d be a straw ba I 1 of
question phrased as stated here. In aocordance with COmmissloner Carollo's
motion.
Mr. Carollo: I think that If we wait for ComnlSsloner Kennedy to Cone back,
On this, it would make more sense. Just be a few more minutes.
Mayor Suarez: OK, let's once again wait for Ccrrmissiover Kennedy. Item 17?
Mr. Plumrer: Mr. Mayor, It's not 3:00 O'Clock yet.
Mayor Suarez: I'm In favor of taking up all these item at this point and
lust getting on. Are there any items, Mr. City Manager, that are not
scheduled for a particular time. that we could take up now?
Mr. Odio: J.P 's you Can bring back now. J.P.'s.
k
67 Swturber 28, 19ftA
f�
1 t
77
ti
Mr. Plummer: I've not seen the corrected...
Mayor Suarez: Can you read, for my particular edification, the wording now of
the termination clause that would be...
Mr. Qdio: Yes. I've got It. -F
Mr. Plummer: I've also asked, Mr. Mayor, the City Attorney to research the
legal question that we were served subpoenas on this morning, as to whether or
not that Issue does Include debt service so that we'll have an answer at 5:05
this afternoon, because If it does Include debt service we've got a lot of
chopping to do.
Mayor Suarez: The 1985 Referendum question?
Mr. Plummer: Yes.
Mayor Suarez: Let me ask a question on the Issue, until Cc missioner Kennedy
arrives, and until we get some of the other Information. Madame City
Attorney, this ordinance that we've been presented that would have a straw
ballot question, have you looked at the wording? Have you looked at the
wording of the straw ballot?
Mrs. Dougherty: Yes. sir.
Mayor Suarez: Do you think that the passage of that, or have you been able to
form an opinion, as to whether the passage of that in any way helps or
detracts fran the purpose of, presumably, limiting In sane way or restraining
In sane way, obscenity or pornography, or whatever?
Mrs. Dougherty: Mr. Mayor, every case Is going to have to be decided on a
case -by -case basis, so if we were to go as a City and enjoin an institution
from showing what we would consider to be obscene movies, it's still going to
be up to the judiciary to decide whether or not they are or are not obscene.
Mayor Suarez: You don't feel that they're helped by having a straw ballot
where citizens reflect, for example, their opposition as defined here?
Mrs. Dougherty: The interesting thing Is that's precisely the question that
we won in that case In the Florida Supreme Court In which we upheld the
Circuit Court Judge's decision on what is or is not obscene.
Mr. Plummer: Yeah, but isn't this, as Carmissloner Carollo said this morning,
isn't this a way of establishing what are carmunity standards?
Mayon Suarez: Yes, that's my question. Does this help to establish the
carmunity standards In some way for court consideration later? As drafted, as
proposed?
Mrs. Dougherty: I think It's an indication of ccm uunity standards. 1 don't
know, on a case -by -case basis, how it would be applied, but It Is an
Indication of osamunity standards.
Mr. Plummer You know. my only problem, and 1 got to put this on the record
I watched the demonstration In front of "Hail Mary" the other day. and you
know. what's really sad Is the fact that I am told that when this thing made
an appearance In West Palm Beach they had twelve people there. And yet, when
this thing was brought to the IlmeIIght here, they played to a packed house
every night, and that's the sad part about it. It's Just, unreal, you know?
It's unfortunate. You're shaking your head "no"? It wasn't a full house?
Fifteen? You couldn't get In last night because of the picket Iines. And the
priest was throwing so much holy water everybody was drowning. [Laughter]
That's won many a war, sir.
Mayor Suarez: We I I . I hope they dont throw I t to you. Mayor, do you want
to, rc%v that we have Commissioner Kennedy here, do you want to pursue this...
Mayor Pedro Reboredo (West M i am I) : We 1 1 , the draft of the reso I ut I on does
1t keep the same language that we had spelled out before. to be heard by the
voters?
619
; Liss.
}i�
-Tit
4
Mr. Carollo: It's the same type of language that I mentioned before. What we
need to do Is pass the emergency ordinance providing for a reduction to 30
days In the requirnt that resolutions calling for municipal elections be
adopted prior to the date Of such proposed elections, where the ballot
_gf
question of such election is a straw ballot question. Madame City Attorney,
,h
can we have first and second read Ing of that? I so move this ordinance on
first reading.
Mayor Suarez: For all nonbinding straw ballot questions, Instead of having 45
days, this calls for how many?
Mrs. Dougherty: Thirty days.
Mayor Suarez: So moved. Do we have a second?
Mr. Plummer: Second.
Mayor Suarez: Seconded. This ordinance would only remove at this point the
Impediment of 45 days as opposed to 30 days, which is what it proposes for
nonbinding straw ballot questions. Call the roll.
AN ORD I NJANICE ENT I TLED-
AN EMERGENCY ORDINANCE PROVIDING FOR A REDUCTION TO
THIRTY DAYS IN THE REQUIREMENT THAT RESOLUTIONS
CALLIM FOR MUNICIPAL ELECTIONS BE ADOPTED FORTY-FIVE
DAYS PRIOR TO THE DATE OF SUCH PROPOSED ELECTION WHERE
THE BALLOT QUESTION AT SUCH ELECTION IS A "STRAW
BALLOT QUESTION"; NAMELY, A QUESTION WHICH HAS ND
BINDIN3 OR OBLIGATORY EFFECT REGARDLESS OF THE VOTERS'
APPROVAL OR DISAPPROVAL OF SUCH O JESTiON; OONTAINIM A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was Introduced by Cannissioner Carollo and seconded by Carmissioner
Plummer, for adoption as an emergency measure and dispensing with the
requlramnt of reading same on two separate days, which was agreed to by the
following vote -
AYES: Comnlssioner Joe Carollo
Carmissioner J. L. Plunner, Jr.
Carmissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Cmmisslon on motion of C=nIssloner'Carollo and's000nded
by 0=13sloner Piumier, adopted said ordinance by the foltcwinp vote-
AYES:` OOmnIasIOner Joe Caro IIo
COM I SS l oner J. L. Plummer , Jr.
UM i SS I oner Rosario Kennedy
Vlc*4&yor Miller J. Dawkins
Vayw Xavier L. Suarez
NOES:
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE ND. EMERG. 10148.
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. -
g8 SdptOMW 26, ION
27 . PROVIDE FOR A SPECIAL Mt N 1 C I PAL ELECTION ON NOVI*INMER 4, 1986 IN
CONNECTION WITH CMMJNITY STANDARDS REGARDING DEGRADING OF RELIGIOUS
BELIEFS.
Mr. Plummer: Now I think we have to go with Cormissloner Carollo's motion.
Mr. Carollo: Well, we have to have It in two readings, don't we? This is an
emergency ordinance?
Mrs. Dougherty: It's not two readings. It was an emergency ordinance with
two Calls.
Mr. Plurmer: No, excuse me. This only Speaks to changing the code from 45 to
30 days. Now the Issue that you wanted to bring on a straw ballot, which is
now permissible, you now have to bring up.
Mrs. Kennedy: ommissioner Carollo, what Is your motion?
Mr. Carollo: The motion is to place the following straw ballot on the
November 4th ballot: "Is It offensive, annoying, and obscene to you as a
citizen of the City of Miami, Florida, for a movie, television program, video
recording or printed material to defame, mock or degrade basic religious
beliefs by the use of nudity, sexual acts or profanity. as the term
'profanity' Is defined by Florida law?" That is what the motion Is, to place
this as a straw ballot question on the November 4th election. It's a
resolution.
Mr. Plurmer: Second the motion.
Mayor Suarez: Moved and seconded. Mayor, have you consulted legal counsel on
the effect Of this?
Mayor Reboredo: If I may, I will Introduce Mr. Brigham, and he could explain
what the objective of this is.
Mr. Ed Brigham: Ladies and gentlemen, I'm sure you know that this straw
bat lot is in I Ine with the U.S. Supreme Court case of Cal Ifornia v. MI I ler,
where the court...
Mayor Suarez: What year was that, counselor?
Mr. Brigham: 1973, and has been followed by every single case since, right up
to date. It Is the latest expression of the court's determination of things
of this kind, and it provides for and Inherently encourages the local
cam unIty.to establish their own contemporary community standards regarding
the type of things that we see In this movie and others that may owe down the
pike, and probably are. Obscenity, In this case, mocking, defaming and
degrading basic rellglous beliefs. And It wlII be extremely helpful for this
oc mwunIty to go on record and to establish Its contemporary carmunIty
standards, which 1 believe In my heart everyone holds, but It will be very
Important In any future handling of movies or material of this kind to have a
definite expression of the oanmunity standards by the people that you
represent. That's what the U.S. Supreme Court In Miller v. California
provided for and encouraged, and I am hoping and praying that you will pass
It.
Mayor Suarez: The implication Is that you have tracked the language of the
Supreme Court decision in drafting the straw ballot question.
Mr. Brigham: Yes, your Honor, It Is.
Mayor Suarez: Any further discussion? Call the roll.
,;
The following resolution was Introduced by Commissioner Carol lo, who
moved its adoption:
RESOLUTION NO. 86-770
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON THE +4TH DAY OF
NOVEMBER , 1986, FOR THE PURPOSE OF SLUM I TT I NG TO THE
�.
ELECTORATE AT SA I D ELECT I ON THE FOLLOW I NG QUEST I ON:
a:
"IS IT OFFENSIVE, ANNOYING ANi) OBSCENE TO YOU AS A
+=
CITIZEN OF THE. CITY OF MIAMI, FLORIDA, FOR A MOVIE,
TELEVISION PROGRAM, VIDEO RECORDING OR PRINTED
MATERIAL TO DEFAME, MOCK OR DEGRADE BASIC RELIGIOUS
a
BELIEFS BY THE USE OF NUDITY, SEXUAL ACTS, OR
PROFANITY AS THE TERM PROFANITY IS DEFINED BY FLORIDA
LAW? FURTHER DIRECTING THAT A CERTIFIED COPY OF THIS
RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS
OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN
THIRTY DAYS PRIOR TO THE DATE OF SUCH SPECIAL
MUNICIPAL ELECTION.
(Here follows body of resolution. omitted here and on
file In the Office of the City Clerk.)
Upon being seconded by Commissioner Plurtmer, the resolution was passed
and adopted by the following vote -
AYES: Ca missioner Joe Carollo
Caromissioner J. L. P1umier, Jr.
Cc"missloner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Thank you, Mayor. -
Mayor Reboredo: Thanks to you, and God bless you. That we need.
(Applause)
Mayor Suarez: That's not going to get us any more blessings, but ... Item =
whatever it Is - Casino Espanol once again.
28. COW IN.IED DISCUSSION REGARDING CITY'S AUDIT ON CASINO ESPANOL.
Mayor Suarez: Counselor. do you agree...We've got to move this along,
otherwise we're never going to finish. Do you agree with the determination of
the bank accounts and sane: of the other findings of this audit?
Mr. Ricardo Martinez: Ricardo Martinez, 4000 Southeast Financial Center,
counsel. for Casino Espanol. In round numbers, we do agree that there are f
about 200 appl.lcations; that they represent about 700 members, and that there =
Is, according to the letters from the banks. about $100,000 In the account to
build the structure.
Mayor Suarez: That's not what I heard
Mr. Su}an Chhasbra: Mr. Mayor.
Mayor Suarez: Yes, Sutan.
Mr .. Chhasbrsa : I can put scme light on that, sir, What they brought to -us was,
as you said. on summary sheet renumber 5, the Photocopies of notarized letters
}
71 Septanber 26, 1
— from the bank. It does not contain the number of the, the account number. l
know we are ver I fy I ng at this time - what are those numbers, which are the
serene numbers which 1 am quoting on this page number 4. 1 know we are saying
It could be duplication...
}.
Mr. Odlo: Let me translate. What he said Is that, ah...
Mr. Plummer: What do you mean, you're going to translate? Just get him mad,
_
and he'll buy Key West.
Mrs. Kennedy: He Is speaking In English.
(Laughter)
Mr. Odlo: I'm the official translator here.
Mr. Chhabra: He's my boss, sir.
Mr. Plummer: He'll buy the other half of Key West.
Mayor Suarez: Are we not able to...
Mrs. Kennedy: What do you mean on page number 2 of 4, where It says under
"Membership Rosters," number A. "The current me, rship, roster submitted to
the City on September of 1986 was found to be an exact copy of the first
membership roster submitted to the City. These records were not dated.
Mr. Chhabra: We have two copies - I mean rosters...
Mr. Odlo: Can I - It's a point of order here, and i don't know how
Ca missloner Carollo feels about this - I'II find out pretty soon - that any
audits that we have ever done in the City have always had an exit conference
and then you bring it here. Because of the lack of time and the orders that l
had of bringing the audit to you today. I think that that party is entitled to
an exit conference to verify the numbers and then bring it here.
Mr. Carollo: Well, I think we should give the time. I have no problems with
that.
Mr. Plummer: Well, let me say this. From what I'm reading here you're not
ready.for an exit audit because you don't have all the information you need.
Mr. Chhabra: Absolutely right.
Mr. Plummer: Now, I think that that's proper and in order, that you have the
opportunity to get and address these questions and we'll resolve it Ini the
first meeting In October.
Mr. Carollo: I agree.
Mr. Plummer: Hey, look, what I'm saying Is: guys, don't fight here. You can
do something we can't do, and that Is hide, out of the sunshine, argue, thrash
It out. and then Cone back here. OK? Now, 1 think that's the smartest thing
to do. Ali you've got to do, In my estimation, Is produce the membership that
You say you had, the dollars that you had, and that's It.
Mr. Carollo: And the deposit slips...
Mr. Ricardo Martinez: Mr. Commissioner. we are willing to stipulate to the
resu l is that the and i for has presented. He has i n h i s possess i on - he w i l l
agree to this - 226 applications, of which 19 were not signed, three were
missing. We're willing to stipulate that It's in the neighborhood of 200
- applications, that they represent about 700 members. and 1 think we're In
agrearent on that, and we respectfully submit that there are three letters
here that attest to the fact that there are $100.000 In the account. Inge have
previously submitted all the bank statements for every month for those
ants in those banks, so If we have other accounts the only possible
exclusion Is that we have twice that amount of money, because his nt era are
tit reflected in the letters from the banks. but they're there. The City
alre*dyr has a bank account for each month for each of the banks. a letter from
thee of f Icer w I th a refference to a spec I f I c account number, and attest I nq to
the monles that we have on hand...
72 S t r 26, 1!
i
Mr. Plummer: Sir, sir, excuse me, please, and I don't want to belabor the
point, you're not ready to stipulate to what he Bald here, because what he is
saying here is that of the 203 applications that you gave him, they could only
verify 97.
Mr. Ricardo Mar tInez: No.
Mr. Plummer: Excuse me, I'm reading only 97 of the 208 membership roster
could be traced to signed manbershlp applications. However, 204 signed
membership applications were presented to the auditor. He's saying he can
only trace 97. You're not really willing to stipulate to that.
Mr. Caro IIo: And out of the 97, 48 paid dues; which means It's 23 percent.
Mr. Plamimmer: As a friend, may 1 advise you that the administration Is asking
to work with you. Give then that opportunity. Before you leave here today,
get a list from this gentleman of everything he wants In writing. Account
numbers, the banks, and all of that
Mr. Ricardo Martinez: Deposit slips? And dates?
Mr. Plummer: And you go to an exit audit with him. And cone back here, and i
will tell you, for one - I'm only speaking for one - what's the first meeting
In October - the 9th? The 7th. Sir, as far as I'm concerned, for one, I'm
not going to leave here on October the 7th until this matter is settled.
Mrs. Kennedy: But give us the information that we're requesting of you.
That's the only thing we're asking.
Mr. Planner: Now, you do what you want. I think if you push, you lose.
Mr. Ricardo Martinez: Then we won't push.
Mr. Plumper: That's smart. But before you leave here today - before you
.leave here, sit with this man and get exactly everything, because
the one
thing that this Cemm i ss l on will not tolerate at the next meeting Is
that he
doesn't have all the Information he needs. Now, you get frcm him the
list,he
needs, you supply It to him, and then there's no excuses. The matter
will be
settled on the 7th.
Mr. Ricardo Martinez: Thank you.
Mr. Odio: Mr. Mayor, we're ready for J.P.'s if you wish to do that
at this
time. We have the language ready on the termination clause.
Mayor Suarez: Want to read the wording that you've drafted?
Mrs. Kennedy: Madame City Attorney ... OK, let me Just, Mr. Mayor, say
let the
reoord reflect that as Vice President of Terremark l am a
and
will walk out of the roam.
Mr. Odlo: Comrlssloner, before you leave, maybe we can take Item
17, no,
Miaml. Capital, Item 18, while she's reading the language.
73 S60taYbIsr 26, 19
�j
29. APPROVE CITY MANAGER'S CONCURRENCE WITH ACTIONS OF THE LARD OF DIRECTORS
OF MIAMI CAPITAL RELATED TO PERSONNEL POLICIES CONCERNING STATUS OF
Alfredo-lzaguirre.
Mr. Plumper: Is this the Miami Capital now? Let's deal with It. Let's get
with It.
Mr. Odio: Carmissloner Dawkins requested that this be brought to...
Mr. Plummer: Comrissioner Dawkins did? I'm sorry. Go.
Mr. Dawkins: I want to know why Is It that a man that's sick and has been
s ick a year and you st I I I want to pay h Im. That's a 1 I I need to know, and
when I know that I'm ready to vote. Why Is It that a man that's been sick
with a heart attack and not working, and been not working a year and you been
paying him, and now you want to continue to pay him for a year. Give me the
reason and I'm ready to vote.
Mr. Plummer: He had a stroke.
Mr. Dawkins: So. my mother had a stroke. There's no damn body pay her for a
year for sitting at hone.
Mayor Suarez: Is that what the item is that we're supposed to be considering
today?
Mr. Dawkins: lfi-tr n, yeah.
Mr. Plummer: May I correct, at least to what I know, and I'II stand corrected
if I'm not correct. It Is my understanding that by resolution of this
Commission and by Miami Capital, Jointly, there was an extension of coverage
until May the. ..May 227 May 20th. OK. What they're asking here now Is...I
don't know If ail of you know this gentleman, OK? But here Is a man who put
his heart and soul and his life Into this Job, even excluding the fact that he
was a tremendous patriot In the Cuban fighting community. He was a fantastic
individual, the man had a stroke and they don't have the coverage in that
Miami Capital that they do here in the City. All they're asking us to do here
today is extend to September 30th the benefits.
Mr. Dawkins: September 30th?
Mr. Plummer: Yes, sir. The end of the fiscal year. • And then, at such time
as his health will allow, that they could, if possible, hire him back on.a
consulting basis, and that's what we're being asked to do here today. And l
would say to my colleagues on this Cammisslon In a humanitarian way, this man
has given his all for this City, and I don't think It's much to ask to allow
this thing to go until September 30th.
Mr. Carollo: I will second the motion.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll. ;A
The following resolution was Introduced by Carmissloner Plummer, who
moved Its adoption:
f
RESOLUTION NO. 86-771
A RESOLUTION EXPRESSINu THE APPROVAL OF THE CITY
COW 1 SS I ON IN THE CITY M*AMR' S CONOLIVOCE WITH THE g
ACfi I CN , OF THE BOARD OF D I RECTORS OF M 1 AM I CAP 1 TAL
DEVELOFMENT, INC. RELATED TO PERSONNEL POLICIES
COIWERN I NG THE STATUS OF ALFREDO 12AGIJ I RRE .
(Here follows body of resolution, omitted here and on
files in the Office of the City Clerk.
74
Upon be 1 ng seconded by Comm I ss I over Caro I I o, the reso 1 ut I on was passed
and adopted by the following vote -
AYES: Colman I ss i over Joe C;aaro I I o
Commissioner J. L. Plummer, Jr..
commissioner Rosario Kennedy
_—
VIce-Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
C MI ENTS MADE Du= I M ROLL CALL.
Ms. Hirai: Cannissloner Dawkins?
Mr. Dawkins: 1 am going to...
Mr. Plummer: Commissioner Dawkins, either way you vote I understand your
concern. 1 want you to understand that. And I realize, because, It's tough,
It really is.
Mr. Dawkins: It's not tough worth a damn! If he was black, he wouldn't get a
dam thing, CK? And you all can't sit up here and tell me that if this was a
black man out of Sanitation that we'd be considering it, see? But Just
because it's for the 30th, I've got no problem with taking the man till the
30th, because, I mean, 1 know what's you're saying - the man did kill himself
over there trying to work for us, OK? But It's the precedent that we're
setting that I've got a problem with, OK? Because I don't want nobody else to
cane up here and we say no. That's my only problem.
Mr. Plummer: Cammissioner Dawkins, i hope the day never cones that I have to
faced with this issue with a black man, a white man, or an Hispanic. But if
a
It does. I will tell you, as one, I will deal with then Just as fairly as I am
;a
today.
Mr. Dawkins: OK. anybody. All right, I'll vote yes.
—
Mayor. Suarez: We ought to consider in the future, when you have certain;
agencies that are semi-autonanous, to what extent the City should be involved
In guaranteeing benefits and so on, where it might be less expensive for us to
=°
Include than In our plans, and apparently that was not carefully considered in
z.
this case. Very dangerous to do that at this point.
Mr.. Juan del Cerro: To clarify that, the Initial grant of a leave of absence
'
was requested from the Manager, per our contract, till.May 31st. That was the
Initial grant of leave of absence, which the Manager did grant, and what we
wanted to have on record is an extension of his leave of absence till the
30th•
Mr. Plummer: When you're a winner, Mr. Del Cerro, you say nothing.
Mr.. Dawkins: Let me ask you a question. Why was a memo sent to the Manager
r
and Joe Carollo didn't receive a carbon copy and I didn't receive a Carbon
copy. He only carbon copied three of the Commilssloners. Why was that?.`
Mr. Plummer: No. sir, 1 was not carbon copied.
Mr. ins: Yes you were, J.L... yes you were.
F_
Mr. Carollo: I'm glad y else picked it tip besides me.
Mr . Doc i ns : Yes you were. OCm m I ss I oner Caro I I o and Cctmm I SS I oner Dawkins,
r
were not templed. Rosario Kennedy, J.L. Plummer, and the Mayor were carbon
,t
hied. From his letter - from his letter.
Mr. Carollo: I'm afraid I have to agree with Miller. I saw that. There was
a I otter. sent and two s of this Curran i ss i on were not sent copies. The
only reason I received a dopy Is the Manager had the courtesy to send us a
00 y.
-.
75 Srtqft*r 26, 1
j _-
a
Mr. Dawkins: That's right.
Mr. Carollo: Now you're looking at someone that's always been very supportive
of you.
Mr. Plumper: Well, 1 did receive this. Yes, sir, I did receive this.
Mr. Dawkins: I know you received It! And what does It say under, who was
carbon copied? What does it say?
Mr. Plummr: Suarez, Plumper, and Kennedy.
Mr. Dawkins: Right. And the other two of us are not Cartnissioners?
Mrs. Kennedy: Why?
Mr. Plummer: Well. I can't answer that.
Mr. Odlo: The letter that 1 received, I sent out to everybody.
Mr. Del Cerro: The letter that was Initially written, which was by mistake
brought here. said "June." or "July." or something. The correct letter was
delivered to the Manager last week. saying "September." which he has in his
possession. carboned to nobody except to him.
Mr. Plumper: Excuse me, Mr. Del Cerro, since you brought It up, sir. This
s,
letter is dated September 11, and for same reason...
Mr. Del Cerro: I acknowledge and accept responsibility for that error...
Mr. Od i o : No, S:om i ss i oner ...
Mr. Del Cerro: The correct letter Is the one that Mr. Odlo has here with the
right dates.
tSi
Mr. Dawkins: I can understand you all, you know, Ignoring me because I'm
black, but not Joe.
Mr. Odio: Well, what Is...
Mr. Del Cerro: i...
Mrs. Kennedy: No, Miller, this is not a black and white Issue. Cane on, this:
s
is...
Mr. Dawkins: Come on what?
Mrs. Kennedy: No. It's not. Everybody should have been copied. but I'm sure
It was a mistake that you made.
Mr, Del Cerro: No. this is the right letter. See, the first - if you'll let
me explain, the first letter says June 30th. The correct letter dated
September 19 says. "September."
Mr. Armada: The one we need is the one for September. The other one Is...
`*
A
Mr. Plummer: All right. let's get to the charter boats.
Mr. Odlo: Charter boats next.
Mr. Dawkins: And that's why ... and I'm going to say so ... that's part of
my — the gentleman Is, sick and I have nothing against him; but for the
Director of the department to send a request requesting that we aid this man,.
and ignore me, that irritates me.
Q
Mrs. Kennedy: That's right.
Mr. Dawkins. And I got a right to be Irritated.
Mrs. Kennedy: I an concerned ne d m 1 agree.
Mr. P I u r : I understand that.
�.
t
ids wtwftr 26y 1$ft
_
Mrs. Kennedy:
I agree that he shou I d have been cop I cad .
Mr. Plummer: 1 agree with him.
;t
30. DISCUSSION AND OONTINEE oF PPOPOSED CONSTRUCTION OF BICENTENNIAL
PARK - CHARTER BOAT FACILITIES.
Mr. Odlo: Mr. Mayor, I'd like to withdraw Item 19.
4
Mr. P I urmer : What?
'-
Mr. Odlo: Item 19.
Mr, Plummer: No, I don't want to withdraw 19.
Mr. Odlo: No, what happened Is...
Mr. Plummer: No, I want to talk to 19.
Mayor Suarez: Bicentennial Park charter boat facilities. What Is the Issue?
Mr. Plumnrer: Let me see If I understand... Let me understand what I understand
and then you tell me If I'm right or wrong, because...
Mrs. Kennedy: OK, one second, before you start explaining - we didn't get any
backup material On this.
Mr. Plumper: It's a personal appearance.
Mrs. Kennedy: OK.
Mr. Odio: It was only a discussion.
Mr. Plummer: My understanding Is that the charter boat captains have given an
Indication that they don't want to go In the F.E.C. slip; that they want to go
back Into the Miamarina, and the City can save that $600,000 and apply it.
,towards the $1.6 million If they have some kind of guarantee that the City
takes It over, that they get back in there. Now, is that what I heard? Is
that correct?
Mr. Odio: I have no knowledge of that at all.
Mr. Piurmmer: Well, look, let's look at It this way. That facility opens
April the Sth at noon. We cannot have that facility In the F.E.C. slips ready
r
by then. Now, If In fact that is the case, and we can take and save a half a
million dollars to ably towards our obligation of $1.6 In Mlamarina, then 1
think It's worth discussing and not keep prolonging It. Now where's John'
4
Gilchrist?
,{
Mr. Odio: He's out of town. That's why i wanted to postpone It.
Mr. Plumper: WeII, then, If John Gilchrist Is not here then you've got to,
postpone I t .
Mr. Odlo: The two people that I had to discuss this...
Mr. Plummier: No. I want John to handle It. I don't want too many hands in
Y'
the pie.
rr_
Mr. Odlo: OK. That's why I asked you to defer this until the next meeting —
Nf.
Mr. Pl r: OK, withdraw.
Mayor Suarez; Item 19 Is withdrawn.
3 :
SO 19110,
t�„�uji,.; b.LL�L1::�t.Gt:s�3�
0
z
Mr. Plummer: But please make sure It's here next time. That's a possible
half a million dollars we can use.
Mr. Odlo: You're rlplht, air.
31. CONT I N1 ED D I SiUSS I ON OF PROPOSED ASS l a1ACNT OF AIREEMENT BETWEEN THE
CITY AND JERRY'S INC. TO TERREMARK AT DINNER KEY INC. FOR RENOVATION AND
EXPANSION OF COCONUT (EVE EXHIBITION CENTER.
Mayor Suarez: Back to the termination clause on Terremark. By the way, this
is called Terremark of Dinner Key, Inc., or at Dinner Key, Inc.?
Mr. Armada: Yes. Terremark at Dinner Key, Inc.
Mayor Suarez: This corporation's been alive for how many days maw?
Mr. Plummer: No. that's "Terremark, a/k/a Dinner Key," (Laughter)
Mrs. Kennedy: Before this gets too hot, let me just state again that as Vice
President of Terremark, et al., I am abstaining and leaving the room.
Mayor Suarez: You probably don't have any conflict. We don't even know
who...
Mr. Plummer: And Rosario Dimitrl is a friend of mine so I ain't voting on it.
(Laughter)
Mayor Suarez: Seriously, Is this a whole new corporation? You don't have any
financial statement from this corporation, l presume, do you? Do we know that
the principals are, In fact, the principals of the other, better known,
Terremark?
Mr. Armada: Yes, that we do know.
Mayor Suarez: That means Manny Medina Is a principal?
Mr. Armada: That is correct.
Mr. Dawkins: The one and only owner.
Mayor Suarez: Is he really the only stockholder? OK. we got a holding
campany that owns everybody.
Mr. Plummer: This 1s not acceptable to me. I'm sorry. First and forenost,
let me tell you why. I agree with the Section 1, OK? That the seven hundred
and fifty, that's to Manny's - that's to their benefit, to spend that money to
make 1t look beautiful, brings In more revenue. Why, In God's name, should 1
as a City Ccrrmissloner have to provide fire Insurance or loss Insurance...
Mr. Armada: He wanted It —that's...
Mr. P 1 urmr : Listen to me, p I ease . I know said I t . but I have a
different opinion. Am I not entitled?
Mr. Armada: Yes. sir.
Mr. Plumier: Thank you. I warned you about going around topless, (Laughter).
Why should I as a City Co missloner, out of taxpayers' dollars, have to
provide fire Insurance for a private business? That's not right. YOU know,
we can disagree...
Mr. Odlo: You are.
x
78
.i
Mr. Plumper: Then we disagree. I Just don't think It's right that a profit -
making ocaany on City property should have to expect the City - it's part of
doing business.
Mr. Dawkins: But we're talking about replacing the patrol.
Mr. Plummer: No, sir, read the language. "The City shall at Its own cost and
expense carry fire, and extended coverage insurance for the full replacement of
the - full replacement!
Mr. Dawkins: Of the Coconut Grove Exhibition Center?
Mr. Plummer: Yeah, but not for them.
Mr. Armada: No, not for then. That Is just solely for the purpose of the
Exhibition Center Itself. They're responsible...
Mr. Plummer: It's not clear.
Mr. Dawkins: They get It In there. they have got Insurance for their own,
It's In there.
Mr. Armada: OK. They're responsible, by additional clauses In the concession
agreement, to...
Mr. Plumrer: Hey. what I'm saying is, I don't want them - OK? -to go without
having to provide their own fire, liability, and everything, In a separate
policy, and also I don't find In here, indemnifying the City from any
liability. That's not in here.
Mr. Armada: First of all, sir, we've got to go to the old contract.
Remember, we're just making amendments to It. In the old contract there Is a
Question of Insurance, OK?
Mr. Plummer: But, Al. excuse me. You're playing with three or four drafts -
one that you've deleted something fran, something that's...
Mayor Suarez: Carmissioner, I think that provision Is to protect us, because
we want to make sure we have Insurance on the Dinner Key exhibit hall itself.
Mr. Plummer: Well, we do. We do. But not to cover that private company.
Mr. Armada: That's correct. That is correct.
Mayor Suarez: We just wanted to understand that we keep that Insurance
because we want to make sure that we can pay for It If It burns down.
Mr. Plummier: I think you can make this one clearer, OK? You can force then
to have their own fire liability and Indemnify the City. Is that in there?
Mr. Armada: It's In there. We have a clause. Insurance clause here, which
has always been required of...
Mr. Plummer: Read It! Read It!
Mr. Armada: Yes, sir.
Mr. Odlo: Put It on the record.
Mr. Armada: Yes. sir.. It says: "Insurance - the concessionaire shall
maintain during the term of this agreement the following Insurance: (a)
Public liability, Including products liability Insurance, In the as unt of not
less than $1,000.000 per occurrence for death, for bodily Injury, and not less
than $50.000 per occurrence for property damage, (b) Standard fire Insurance
policy on his promises and all furniture, fixtures, equipment, and
Iltiprovements, Including the perils of fire, extended coverage, and other
per 1Is for the actual cash vaIue thereof; (c) the City shaII be named as the
additional Insurer under the policies of the Insurance as rewired by this
,agrearaant ; (d) ftutOUZ I I e I I ab I I I ty I nsurance cover I ng a I I rKxxx wr*d and h I red
vehicles In arodants of no less than $100,000 per aocident, $300.000 per
occurrence of bodily Injury, and $10.000 property age; (e) the City steal i
given at least 30 days advance written notice of Cancellation of said
79
policies or any material modifications thereof; (f) Certificates of Insurance
shall be filed with the FIname Department, Risk Management QIvIsIon, of the
City of MIeml; (p) The Insurance coverage required shall Include those
classifications as IIsted In standard IIabIIIty Insurance manuals which most
nearly reflect the operations of the concessionaire; (h) All Insurance
policies shall be issued by empanles authorized to do business under the laws
of the State of Florida, and must be rated at least A as to management and
class, X as to financial strength, all In accordance with A.M. Best Key Rating
Guide, latest edition. (i) The City reserves the right to amend the insurance
requirements as the circumstances dictated In order to protect the interests
of the City In this Concession Agreement; (j) The concessionaire shall furnish
certificates of Insurance to the City prior to commencement of operations,
which certificates shall clearly Indicate the concessionaire has obtained
Insurance In this type, mount, and classification as required for strict
cmvilance with this covenant and shall be subject to the approval of the
Department of Finance, Risk Management Division.
Mr. Plumper: OK. I accept that. Now let's go to the other one.
Mr. Armada: Hold Harmless?
Mr. Plummer: No, the Hold Harmless Is there. The indemnification Is there.
Let's go to the thing here. My understanding of what was said here this
morning was, that the City could take this agreement back over, terminate this
agreement, at any time for a public purpose. Here It is very specific only to
demolish.
Mr. Armada: That's right.
Mr. Plumper: I don't agree with that.
Mr. Armada: OK.
Mr. Plummer: Now, I think, as a direct result of the Implementation of the
City determining for a public purpose. Does anybody disagree with that? It
just gives the City more flexibility.
Mrs. Dougherty: I disagree with the last line.
Mayor Suarez: Right, but the way it was going to be worded before, it was to
demolish for whatever reason?
Mr. Armada: The way it was going to be worded originally?
Mayor Suarez: It was "demolish for public purpose" before.
Mr. Armada: Demolish for public purpose.
Mayor Suarez: OK, now what are you going to do, Came l ss I oner P I ummer , with
the final kicker there that says that they have to be compensated at market
value for the value of the property. That's what I have trouble with.
Mr. Plummer: No, let me give me an example, Mr. Mayor. As you know, many,
many times this City has to take over that hanger. Well, you probably don't
know; but we take that over, just for an example, during hurricanes to put
boats In there and store them in there. Now I'm not saying that we want to
t i e these people So tight, but I think If this City Comm l ss l on at a pub I I c
hearing declares a pub IIc purpose, 1 don't think that we should be bound so
that the only way we can take this back over Is by demolishing the buIIdIng.
God forbid, we might need to take that over and create whatever there for
public purpose. I think this City should have that right.
Mr. Dawkins: Like housing drug sellers.
Mr, Plummer: If that's what you prefer, then I'll ... not agree with you. All -
I'm saying Is, at a public hearing the City establishes a public purpose In
the use of that building that gives us the right to terminate the agreement.
Mayor Suarez: If you leave the f i na I prov I s I on there, which Is the one I'm
trying to get to, about paying fair market value, all that Is 1s a restatement
of the law of taking, condemnation. And we have to pay that If we declare to
have a public purpose for taking. Now Is the CcmnIssIon...I understand that
so SePteftier 26, 19$
We have a problem, otherwise... they claim they have a problem financing sane
Improvements, but I Just can't see adding that provision In there. And I'm
not sure I know enough about development to know whether that argument that
you can't finance It otherwise...
Mr. Plummer: OK. Lot me understand on the record what the City Attorney Is
telling me. The City Attorney Is telling me that at any time the City wants
to pay fair market value we can terminate. OK, the way this reads, or the way
I understand this reads -- that you only can terminate this lease If the City
decides to demolish the building, and then you'll pay fair market value.
That's the way I read It.
Mr. Armada: That's right.
Mr. Plummer: That is not what I want, and I don't think what this City wants.
I think we need the flexibility that at a public hearing, If a public purpose
Is determined, at that time, once we've concluded that hearing and three votes
say yes, then they determine fair market value. But I think you've got to
give the City the flexibility...
Mrs. Dougherty: If you pay fair market value, you can buy It any time you
want to. You can condemn that leasehold any time you want to If you want to
pay fair market value.
Mayor Suarez: If there's a public purpose for doing It.
Mrs. Dougherty: Right.
Mayor Suarez: We couldn't just do it arbitrarily.
Mr. Plummer: Do you understand what I'm saying? I'm saying the way this
thing reads you can only do that If you demolish the building, and that's what
I don't want. We might need to use that...
Mayor Suarez: If we have the public purpose language and If we have the fair
market value language, we don't need to put anything about demolishing at all.
Mr. Armada: That's right. Or the fair market value, right?
Mr. Plummer: That's the way the City Attorney Is telling me. That's fine
with me. But I'm Just trying to build in the flexibility for the City.
Mr. Odlo: Commissioner. He says fine with him, so we'll go ahead and put it
In. Public purposes - that's all. He agrees to that.
Mr. Plummer: Public purpose, that's what It Is. But It's got to be at a
public hearing.
Mr. OdIo: Take out demolition.
Mayor Suarez: Suppose we didn't have your Classic public purpose...
Mrs. Dougherty: If you had no —If you don't have this at all you can Condemn
the lease and pay fair market value any time for any public purpose.
Mr. Plummer: Then why put this In there at all, then?
Mrs. Dougherty: My purpose, our purpose was not to pay fair market value In
the one instance that you want to de=lash the building. You ought to pay
less than fair market value. The one Instance, In which the bullding Comes
down, that you have to use It for some other purpose, you shouldn't have to
pay fair market value. That was the Intent.
Mr. Pitirmer: So then, can we drop the wording at the top and say that under -
Termination by the City shall be amended as follows, new language is
underlined: `"Subject to payment of the Concession of the fair mrket value of
the concession's Interest as of the date of termination." And drop the rest
of It?
Mayor Suarez: Or If the City chooses to demolish the entire structure by
Compensating by some other formula, what formula would you suggest there?
81 Septem1mr 26. 1
Mrs. Dougherty: What you have now, you have a termination for any reason
whatsoever upon payment of the unamortlzed capital Investment made by the
concessionaire. That's much less than the fair market value.
Mr. PIunmer: Exactly, but why...
Mrs. Dougherty: So what 1 €gyp suggesting to you, any time that you want to use
this lease, regardless of this thing In here, regardless of this clause, any
time you want to condemn the lease for public purpose, you can pay fair market
value any time to do that. So what I'm suggesting to you, If you can carve
out the one time, the one exception - that's when you have to use the building
for same extraordinary circumstances - you have to take the building down -
you want to terminate then, you ought to have to pay something less than fair
market value.
Mr. Plumper: OK. And you're saying this does It?
Mrs. Dougherty: This does not do it.
Mr. Plummer: Oh, well, then let's write In there what It does. That's what
I'm saying.
Mayor Suarez: If the City should want to demolish the building.
Mr. Odlo: Then we pay the unamortized amount.
Mayor Suarez: Is that acceptable? Or Is that going to create problems for
refinancing? I mean we have to have the ability, If we wanted to demolish the
entire structure and go to a whole different use, to be able to get it back...
Mr. Plummer: I also, AI, want to dwell Into the area of the auditorium
Itself. That this lease in no way gives any right to the transferee of the
use of the facility Itself.
Mr. Armada: That Is correct, unless you were to decide to do so.
Mr. Plummer: No, no. This lease.
Mr. Armada: I understand what you're saying. No, no, no, no - 1 understand
what you're saying exactly. By the assignment, no, they do not have any
rights Over the Exhibition Center itself.
Mr. Plummer: In other words. If the new owner wants to use this facility, he
stands in line like everyone else as a renter.
Mr. Armada: That Is correct. That is correct, sir, they have to came before
you. That is correct. That Is in there. OK. Then if I may be allowed,
basically Section 32 will remain exactly as is and It will continue "as a
direct result of the Implementation of plans to demolish the Coconut Grove
Exhibition Center In Its entirety for public purpose, subject to payment, or
subject to reimbursement of the unamortized capital Investment made by the
concessionaire." Is that correct?
Mr. Plummer: It's fine with me.
Mr. Armada: Lucia?
Mayor Suarez: And you don't think that we need to have the restatement of the
law that at any time we can condemn for a public purpose by paying market
value?
Mrs: Dougherty: No, that's already the law.
Mayor Suarez: What if the law should change?
Mrs. Dougherty: it's been a long time It's been that way.
Mayor Suarez: It's been the law for a while, huh?
Mr. P i urmer : F i na I test i on . We all k now , as we 1 I as the peep 1 e who are
assuming the lease. that there Is going to be an area of construction. Is
there wrItten Into this an acknowIedgment that they wi1I not cc men back on the
City because of interruption of revenue?
82 Seotarbeer 25, 1
Mr. Armada: Yes, sir, there Is. Absolutely.
Mr. Plummer: It's In here?
Mr. Armada: Yes.
Mr. Plurmr: Thank you. sir.
Mrs. Dougherty: They will simultaneously give us an agreement that they
acknowledge that, and we will simultaneously not make them pay rent.
Mr. Piurmer: Huh?
Mrs. Dougherty: We won't make them pay rent during that business
Interruption.
Mr. Plurmer: Huh? Are you same kind of a nut?...I move item 11.
Mr. Dawkins: Second.
Mr. Plumper: Ten, I'm sorry. I move Item 10.
Mayor Suarez: Just one last clarification. The lease term has now extended
In effect until the year 2004. There's no Issue of options subject to the
termination clause we just put In there, Subject to the modification -the
agreement subject to the modification that Commissioner Dawkins requested,
that the expenditure of $750,000 be before when?
Mr. Armada: OK, we brought you this section. It says here as follows. It
says this: "$750.000 during the period cermmencing October 1, 1986. through
September 30. 1991" - that is five years. Or "$250,000 during each of the
three five-year periods cc mencing October 1, 1986, but In no event shall
concessionaire be required to expend in excess of $750.000." So, in other
words...
Mr. Plummer: No, that's not what he said.
Mayor Suarez: I don't know what that means now.
Mr. Dawkins: We either. But I've been here ... I don't know what it means. I
don't know why you, why you couldn't make it...
Mr. Plummer: What it means Is. he could spend 250 every five-year period or
750 out over fifteen.
Mr. Armada: That's right.
Mr. Plummer: That's not what he said.
Mr. Armada: 0K, but the problem that these...
Mr. Dawkins: I don't care what the problem Is! I told you what I would vote
for. See, you want to came back and tell we what you want.
Mayor Suarez: I thought it was $750,000 to be spent In the first five years.
That's pretty simple language, Al.
Mr. Armada: Yes. and I put It in there and 1 made sure It was In there.
However, they have opted to make the...
Mr. Dawkins: All right, so then, all right, I move that we defer It until
they decide to cane up with what we want.
Mayor Suarez: I would accept It If you end It where It says "September 30,
1991." so that it would read: "The concessionaire agrees to expend $750,006
during the period commencing October 1, 1986, through September 30, 1991.,,
That defines It as clearly as I can - that's It.
Mr. Dawkins: Flight. because we know you're going to repair the place, because
you're going to tear this one down. We know that. We know the money's going
to be spent.
83 September 25, I
Mr. Plummer: We also know that we're going to spend approximately seven
million dollars over there fixing that place up, and we sure want you to be In
the same category and class that that auditorium's going to be.
Mayor Suarez: I have no problem with that final clause there that says, "In
no event shall the conoessIonaIre be requIred to spend In excess of $750,000
during the, term of this agreement." I don't think there's any other provision
that would require you to expend more than that, Is there?
Mr. Dawkins: But let's hear frCM him. He had sC7methlnq to say
Mr. Armada: We have no problem at al I, generally, conceptually, with your
position on that. The only problem was a practical one, In that, number one,
the plans for the development or the renovation of the auditorium are not laid
out yet In terms of what exactly Is going to happen, which may affect the
necessity for us to spend $750,000 now and then have to do something after the
proJect Is developed.
Mr. Plumper: All right. That's fair. That's very fair. I don't think it's
going to be a problem, all right? But I tell you what let's do. Let's put
the monkey on your back. We say that you must spend $750,000 within three
years from the time; that the City has approved the plans and Implarentatlon of
the redoing of Dinner Key, OK? I understand what you're saying, that It can't
go on ad Infinitum. That's fair.
Mayor Suarez: Of Dinner Key Exhibition?
Mr. Plummer: Yes, sir. Well, that's where they are. They don't give really
a damn...
Mayor Suarez: Oh. But you said Dinner Key, and I don't know what that might
Include. Call the roll. As modified.
Mr. Carollo: One final question.
Mr. Plumper: Yes, sir.
Mr. Carollo: This is addressed to all the staff that we have here, this is
addressed to the Manager, and this Is addressed to the City Attorney, for
whatever your respective roles are In this. Do you all feel, and I'd like to
hear from all the people from the City administration Involved In this. Do
you feel, and are you recxmnendIng for this CcmnIssIon to vote upon this, and
this lease transfer would be In the best Interests financially for the City of
Miami?
Mr. Armada: Yes, sir.
Mr. Odio: Absolutely.
Mr. Armada: I'd say that. Yes, sir, absolutely.
Mr. Caro IIo: OK. now, Madame City Attorney, do you feel that the wording that
we have In this transfer, as It's going to be approved by this Commission,
that It's adequate. and the City of Miami Is protected In every way possible?
Mrs. Dougherty: Yes, sir.
Mr. Carollo: OK.
y�
Mayor Suarez: Call the roll.
84 Septanber 25, 1986
The following resolution was Introduced by Cmmissloner Plumper, who
mmved Its adoption:
RESOLUTION NO. 86-772
A RESOLUTION AUTHORIZING THE ASSIGNMENT OF THE AGREEMENT
DATED SEPTEMIBER 25, 1979. BETWEEN THE CITY OF MIAMI AND
JERRY'S. INC., (ASSIGNOR). TO TERRMWK AT DINNER KEY,
INC.. (ASSIGNEE), PURSUANT TO SECTION 31 OF THE REFERENCED
AGREEMENT, SUBJECT TO THE CITY REACHING A SATISFACTORY
RESOLUTION WITH JERRY'S. INC., REGARDING ANY OUTSTANDING
AMOUNTS DUE THE CITY FOR ANY AND ALL PERIODS ENDING PRIOR
M AND INCLUDING SEPTEMBER 30, 1986; AND SUEIJECT TO THE
SIMULTANEOUS SUEM1TTAL BY THE ASSIGME OF A SEPARATE
LETTER AGgEEMIENT FRCM ASS I CAE , IN WHICH ASS 1 GNEE
AC14NOWLEDGES 11-LAT THE COCONUT G C OVE EXHIBITION CENTER W 1 LL
BE EXPANDED AND THAT CERTAIN ACTIVITIES OCCURRING DUE TO
THE EXPANSION SHALL BE INCONVENIENT TO THE ASSIGNEE, HENCE
ASSIGNEE SPECIFICALLY WILL NOT MAKE ANY CLAIMS FOR DAMAGES
DUE TO BUSINESS INTERRUPTIONS. LOSS OF PROFIT, DISRUPTION
OF QUIET ENJOYMENT, OR REIMBURSEMENT IN ANY MANNER DUE TO
ANY DISRUPTION OF BUSINESS BY REASON OF RENOVATIONS,
ALTERATIONS, OR EXPANSION CONDUCTED BY THE CITY AT THE
SITE OF THE COCONUT GROVE EXHIBITION CENTER; FURTHER
PROVIDED THAT, IN THE EVENT THE EXPANSION AND/OR
RENOVATIONS OF SAID CENTER RESUi-TS IN THE CESSATION OF
ASSIGNEE'S OPERATIONS, THE ASSIGNEE SHALL NOT BE REQUIRED
TO MAKE PAYMENTS HEREUNDER DURING THE PERIOD OF SUCH
CESSATION; FURTHER AUTHORIZING AN AMENDMENT TO DELETE
SECTION 32 OF THE REFERENCED AGREEMENT IN ITS ENTIRETY;
FURTHER AUTHORIZING AN ANENQVENT TO SECTION 1 OF THE
REFERENCED AGREEMENT TO EXPIRE ON SEPTEMBER 30, 2004, AND
FOR TERREMARK AT DINNER KEY, INC., TO SPEND IN EXCESS OF,
AND IN NO CASE LESS THAN $750.000 ON IMPROVEMENTS TO THE
PREMISES AS DESCRIBED IN EXHIBITS "A," "B" AND "C." AFTER
OCTOBER 1, 1986, AND BEFORE SEPTENBER 30, 2004; FURTHER
AUTHORIZING AN AMENM ENT TO SECTION 26 OF THE REFERENCED
AGREEMENT REQUIRING THE CITY TO MAINTAIN FIRE AND EXTENDED
COVERAGE INSURANCE ON THE COCONUT GROVE EXHIBITION CENTER
AND GRANTING CONCESSIONAIRE THE RIGHT TO REPAIR AND
RESTORE THE PREMISES IN THE EVENT OF FIRE OR OTHER
CASUALTY UNDER CERTAIN CONDITIONS; FURTHER AUTHORIZING AN
AMENGAENT TO SECTION 34 OF THE REFERENCED AGREEMENT
PROVIDING FOR A GRACE PERIOD WITHIN WHICH TO CURE OR
CIMMNCE CURING ANY N1ON-0C1dPL 1 ANCE ; FURTHER AUTHORIZING AN
AMEN3VENT TO SECTION 5 OF THE REFERENCED AGREEMENT
PROVIDIN"., FOR THE NON -DUPLICATION OF THE MINIMUM
GUARANTEED MONTHLY AMOUNT IN RESPECT TO PERCENTAGE RENT
ME FROM CONCESSION STAND AND RESTAURANT GROSS SALES.
(Here follows body of resolution, cnitted here
and on file In the Office of the City Clerk.)
lJpon being Seconded by Omrtmissloner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Ctonm►1 ss 1 oner Joe Caro I I o
Ommissloner J. L. Plumper, Jr.
Vice-401ayor Miller J. Dawkins
Mayor Xavier L. Suarez
".1
NOES: None.
ABSTAINING: Corm1ss1oner Rosario Kennedy
32 .
D 1 SCUSS I ON AND TDVORARY DEFERRAL OF
PROPPED REZON I N a OF FLUR I DA AVENUE .
Mayor Suarez:
Item 17.
Mr.
PlL mer:
Mr. Armada, there are days
that you have to earn your salary.
Mr.
Dawkins:
The fellow In the brown pants, does he work here, J.L.?
Mr.
Plunger:
The one In the brown...?
You'd think so.
Mr. Carollo: What I'd like to ask the Carrrnlsslon. If we could defer this Item
for the next 0cormission meeting, and one of the reasons I'd like for this Item
to be deferred Is 1'd like to Introduce for the reconsideration of this
Conmisslon a previous project that was brought up In months past before the
Oarmisslon.
Mr. Odlo: What's that, the Florida Avenue decision?
Mrs. Dougherty: Post Office Plaza.
Mr. Odio: Oh, the Post Office, OK.
Mr. Carollo: Yeah, Post Office.
Mr. Odio: So you want to withdraw this One?
Mr. Carollo: Excuse me?
Mr. Odio: You want us to defer Item 17?
Mr. Carollo: That's right.
Mayor Suarez: What about the residents - are they in agreement with that?
Ms. Barbara Ladyga: No, we don't want It deferred. We would like to make a
statement here today if that's possible.
Mayor Suarez: Yeah, you're entitled to make a statement.
Mr. Carollo: 1 have no problem with any statements, you know? I'd just like
for it to be deferred for the reasons stated.
Mayor Suarez: I don't think we're going to take any action on It, If I.hear
the consensus right here, but please go ahead. You've got a right to have a
personal appearance.
Mr. Carollo: Well, they certainly do. I'm sorry - It's a personal
appearance, of course.
Mayor Suarez: Please tell us your name, and It is your personal appearance.
You can say and propose whatever you want.
Ms. Ladyga: No, I guess 1 don't ... If we make a statement you will not take a
vote on this today?
Mayor Suarez: We may, but as a...Joe Is asking us not to take any action.
Cw mIssIoner Caro IIo Is asking us not to take any action. I don't even know
what It Is that you want us to do yet, so I can't...
Mr. Plummer: This Is strictly... There's no action to take here today.
Mayor Suarez: This Is a personal appearance anyhow, so...
Mr. Plummr: This here Is a personal appearance.
anything before us.
�S
We have no ordinance or
------------------------
Ms . Ladyga: We wanted to have a vote for the Came i ss i on to direct it to the
if. Planning Department for a study. is that not...
Mayor Suarez: We might do that.
Mr. PlutTmer: Well, that you could do. Walt a minute, now. Carmissloner
Carollo has asked that It be deferred?
i Mr. Dawkins: Yes.
i,
Mr. Plummer: And you have a problem with the deferment?
Mr. Carollo: There's really...
Ms. Ladyga: We have had this happen before.
Mr. Caro IIo: If they want to make any statements, J.L.. there's really
nothing to defer. Now If they want some specific actions...
Mayor Suarez: Yeah, I don't know what It is that we would be deferring until
you make your statement. Proceed. You have a right to make a personal
appearance and tell us what you want us to do with Florida Avenue or
otherwise, and we may or may not act.
Ms. Ladyga: You may - but you may act.
Mayor Suarez: We always may act. You might enlighten us on something. Give
us your name and address, and If...
Ms. Ladyga: We have to get a TV hooked up. Do you want me to start and let
a ahem go ahead and try and hook It up? It's part of what I have to say. We
are showing a video here.
Mayor Suarez: Why don't you get that ready and we can move on to Item 17.1 In
the meantime. Is Ann Marie Adker here? Don't see her.
(THIS ITEM WAS OONTINLIED ON LABEL 034)
33. DISCUSSION CONCERNING REQUEST BY OVERTOWN ADVISORY BOARD FOR FU DS FOR
FULLTIME LEGAL SERVICE IN THE OVERTOWN AREA.
Mr. Donald F. Benjamin: My name Is Donald F. Benjamin. I'm the president of
the Overtown Advisory Board. Mrs. Adker Is certainly expected here, but In
the meantime, I will...
Mayor Suarez: We'll take you. It's much preferable. Go ahead.
(Laughter)
Mr. Plummer: Walt till Annie hears that one.
Mr. Benjamin: Take that off the record. (Laughter)
Mr. Plummer: You're in trouble.
Mrs. Kennedy: That Is a very sexist remark. And I resent that. Mr. Mayor.
(Laughter)
Mayor Suarez: No. Its the length of time that she consumes. Go ahead.
Mr. Plumer: When the Mayor of Overtown gets here and hears what the Mayor of
Dinner Key said, you will lo".
(Laughter)
Mayor Suarez: Go ahead, Don.
Mr. Benjamin: This is simply a request that we are making In beha 1 f of the
Legal Services of Greater Miami. They have been providing services for the
poor, not only In Overtown, but throughout various areas of the City. The
problem In Overtown Is that It's a part-time service; Just twice a week, half
days. And we're hoping that this request would provide a more full-time and
substantial service. The proposal calls for about $110,000 and that's all
we're requesting.
Mr. Plug: Is that all?
Mr. Benjamin: Yes.
Mr. Odic): Well, my problem is that I don't have any money. We allocated all
the monies that we had for this year, and there's Just no money left.
Mayor Suarez: You're taking about a branch of Legal Services of Greater
Miami?
Mr. Benjamin: Right. It's a part-time service. They want to provide full-
time service In Overtown, because the need is developing.
Mayor Suarez: But the Legal Services corporation that funds Legal Services of
Greater Miami doesn't have any funds to do this?
Mr. Benjamin: They're doing a part-time service now. They come twice a week,
half days.
Mayor Suarez: You want to expand that to full time.
Mr. Benjamin: Right.
Mr. Od i o: Mr. Mayor. It's just that Cc m un l ty Development funds were all
out, and...
Mayor Suarez: No Cmmunity Development funds? No other funds that can be
Identified?
Mr. Odio: There's no money left. No sir.
Mayor Suarez: Is the area one that It would make.. Has the City ever done
this? Paid for legal services?
Mr. Odio: I believe - If you can correct we - that a long time ago when the
HACAD was formed to help the Haitian camxmity, there were some services paid
at that time from Community Development funds, to serve the Haitian community.
Mr. F. Castaneda: That's correct. But with the cuts In Federal funding, the
recammendatIon from the CcmnI ssIon was to, you know...
3
Mayor Suarez: What If we should get general revenue sharing, would you '
rewn, nd same monies to be spent In this fashion? Have you considered their
request for Overtown? For this particular purpose?
Mr. Castaneda: We have received this request In the last week. We sat down
with Ann Marle Acker. Basically, what they want to do Is to expend the legal
services In the Overtown Area. You know, with the trenendous social Service
needs out there, I tend to believe that other needs are more Important than
legal services. Now the Cannission might disagree with that position.
Mr. Benjamin: We also disagree with that statement. There are serious
problems there for legal attention...
Mr. Castaneda: But they do have legal services now.
Mr. Benjamin: As Iate as last night, I had about two ea11s, and we can't -
handle t harm .
Mayor Suarez: 1 would strongly reccmmend, If we do obtain additional general
revenue sharing funds, that this be considered. Bacause, you know, the 1
ocffmnity residents know best what they nixed. At this point Don, It doesn't
look like we have any funds that we could distribute even if we wanted to.
Mr. Odlo: We don't have the money.
Mr. Castaneda: But they are getting sane service at this time.
Mayor Suarez: Yeah, they get It part time. Have you checked the possibility
Of getting additional help from the Dade County Bar Association, and...
Mr. Benjamin: I haven't checked. Personally, I haven't checked.
Mayor Suarez: I see a prominent member of Dade County Bar Association here.
Maybe he would hake It to the Bar and see If they want to help out. I've had
my battles over the years with Dade County Bar Association, trying to get them
to help out In near -Indigent legal services, and haven't always gotten exactly
what I wanted out of then. Or much, for that matter. But I'd be happy to
bring It to their attention and to make a...
Mr. Benjamin: The need Is not only serious, but urgent. And Just saying
there are no funds...
Mayor Suarez: The criteria are, the people that are eligible have to be
Indigent, right?
Mr. Benjamin: Poverty category. Poverty category.
Mayor Suarez: The Dade County Bar has a Near -Indigent Legal Services
Committee, or used to, which Is the next scale right above that. And even
then It was hard to get then to do too much, but...
Mr. PILMmmer: Well, It would seen IIke to me only logical that the Dade County
Bar, who are the men who make all the money In the good sector, should have a
responsibility to pick up that obligation for the people who don't have It.
And I don't know why the City of Miami should have to pick it up. It would
seen only logical that the Dade County Bar Association - they all do pro bono
work - that they should pick It up. -'
Mayor Suarez: I ' I I be happy to go with you and make a presentation to the
Board, of Dade County Bar Association.
Mr. Benjamin: And, uh. how soon, Mayor?
Mayor Suarez: Whenever we can get then to meet. They probably haven't met
in...I don't know. I can't say that.
Mr. Benjamin: OK. Thank you very much.
Mayor Suarez: Thank you, now. Bob Traurig's going to go that day, too.
Mr. Plummer: Bob Traurig's going to represent you.
34. OONT1NUED DISCUSSION AND DEFERRAL OF CONSIDERATION OF PRGPOSED REZONING
OF FLOOR 1 DA AVE.
Mayor Suarez: You ready for Iten 177 Well. we want to know what it is that
they ... They want to make a personal appearance. I don't know what It's on.
Go ahead, tell us your name, and If you're In a representative capacity, you
have to register as a lobbyist if you're compensated. I presume you're not.
Ms. Barbara Ladyga: My n Is Barbara Ladyga and I'm a resident of 3160
Florida Avenue, and I'm here representing the majority of the property owners
of the 3100 block of F l or i da Avenue. This Is In regards to our petition of
August 25th that we Submitted to the Mayor's office and the e"Ity
— Corm I S S I oners . Th I s pet I t I on Is a reqjest for the City of M i am i P 1 lann i ng
Department to c+armence a study of our street for rezoning purpose$. The
Petition - I want to make a correction - shows fourteen property owners. We
89 $60tenber 25. 1
new have on I y twe I ve - and- a - ha I f .
been a cancellation.
Mr. PlLmmr: A man and wife disagree?
I want to make that clear. There's
Ms. Ladyga: Why we are here Is because we have conditions on this street that
we are classified as a residential neighborhood, but the conditions that we
have are of the commercial district of Coconut Grove. Due to the location of
the street, backing up to a orcial district, Grand Avenue, and with access
from arterial roads - McDonald, which Is 32nd Avenue, and Matilda -and the
elementary school on the east side, and we have the Kirkman Road Park and
tennis courts. We also have a canmerclal parking lot on this street. And we
have a consistent flow over of pedestrian and vehicular traffic both day and
night. For the past three years this street has experienced the greatest
change of any single-family block In Coconut Grove, resulting In severe
problems relating to diminishment of the quality of life. Now the problems
with the location are that we are right In the heart of Coconut Grove, with
these different elements. We are different from any other residential street
because of the fact that we have the park, wd have McDonald and Matilda, we
have a commercial parking lot, and we're backing up to Grand Avenue. We have
the problems with noise, with crime. We have drug dealing In the park. We
have muggings. This has been going on for a number of years. The thing Is
that within the last four years It has increasingly gotten worse, and we're
trying to Just direct the City to give us some planning to resolve some of
these Issues.
Mayor Suarez: How would you hope that the study would accanpIIsh anything
related to these Issues that you're bringing up?
Ms. Ladyga: We feel that we're In a transitional neighborhood, and that...
Mayor Suarez: Which direction would you want the study to head, Is what my
question Is.
Ms. Ladyga: Probably to a residential/office use property, but we don't know,
and we're not here to state that we have the answers to the problem. We know
there Is a problem. We're asking the City to try and do a plan, and possibly
work out a transitional use for this area. Now, we have 75 percent of the
homeowners that want this to happen. We want a plan to be done...
Mayor Suarez: Seventy-five percent of the homeowners on Florida Avenue?
Ms. Ladyga: On Florida Avenue.
Mayor Suarez: From where to where? The entire extent of Florida Avenue?
Ms. Ladyga: Fran McDonald to Matilda.
Mr. Plummer: No. Just one block.
Mayor Suarez: One block.
MS. Ladyga: One block.
Mayor Suarez: Seventy-five percent of one block. Let me Just superficially
here, at this point, ask Walter - Would It make any sense for us to do a
study. hkwv long would It take, what would be the expected... I s the expected
result that she's talking about, a transitional use there - Is any of that
Possible? Or probable?
Mr. Walter Pierce: Those things are possible, Mr. Mayor, but, I'm glad you
asked the question because I'd like to point out to the Cwmisslon that In
1984, staff filed a number of applications to change the zoning on that
street. We do agree to a degree with the residents of Florida Avenue, but I
want to remind you that In 1984. when we tried to rezone It to a more liberal'
Residential classification, the neighborhood not only didn't want that, but
opposed It at the time, at one point at the east end having owe In and said
they did support It. At this, time. my reoarmendatlon Is that If that many
paople are for It they can take advantage of the procedures already
estabIIshad In the ordinance by JolnIng together and filing their own
application.
LZ
September 25, 1
Mr. Dawkins: Yeah, but one block of Florida Avenue Is going to control - How
many blocks does Florida Avenue run, Mr....
Mr. Plummer: It runs out beyond Douglas, I know that.
Mr. Dawk I ns : OK. So now you're going to say that 75 percent of a b I ock Is
going to control what 100 percent of the next six blocks may not want?
Mr. Pierce: Mr. Dawkins, I'd also point out that since 1984, the only thing
that Is different In that Immediate area today, the property that was the Post
Office Plaza project has came up but has not yet been approved. That Is the
first zoning application affecting that Immediate block since that time.
Mr. Dawkins: OK. One other —two questions and I'll be finished. Then every
block In the Grove can came up and ask us to do a study to rezone or make a
master plan. Is this what we're leading to?
Mr. Pierce: If your question Is that any block, or any street one block off
Of Grand Avenue oould cane In and make that request, the anger Is yes.
Mr. Dawkins: So If we do It one time you got to do It for every block?
Mr. Pierce: I would suggest that that would be the case, sir.
Mr. Dawkins: All right, now the other thing Is...OK, thank you.
Ms. Ladyga: Can 1 speak again?
Mr. Dawkins: Yes, why not?
Mayor Suarez: I'm getting a little worried about your speaking here, now.
Are you going to make a presentation too at some point?
Ms. Ladyga: We're going to make a presentation. But I also want to say that,
you know...
Mayor Suarez: How long Is the presentation, the visual?
LNIDENTIFIED SPEAKER: Approximately three or four minutes.
Ms. Ladyga: Any street might be able to make - to come in and do what we're
doing, but, you know, we have 75% of the people that are concerned about the
living conditions On this street. And 1 mean, I don't know how many other
people...I mean, this Is not an easy thing for people to do. I mean, we have
gone through this, we have thought about this. We are living in a residential
neighborhood by name only.
Mr. Dawkins: OK. Let me ask you a question, then. You say you got 75
percent of the residents in that block, OK? Who's going to pick up .100
percent of the'cost of doing what you want done?
Mr. Plummer: The residents.
Mr. Dawkins: No, Jim. Well, you're not presenting this.
Mr. Plummer: Excuse me.
Mr. Dawkins: OK. that's all right.
(Laughter)
Ms. Ladyga: We do not have the answers to the problem. We are Saying...
Mr. Dawkins: No ma'am, no ma'am. 1 need One question. Now. so you want the,
City of Miami to take ad valorem taxes and do this study. Is that right? Is
that what you're saying?
Ms. Ladyga: If that's what It takes. yes.
Mr. Dawkins:
right?
Now, the people ... All right, Florida Avenue runs east and west,
Ms. Ladyga: Yes.
Mr. Dawkins: So now we're going to take the people's taxes one block west of
where you are and one block east of where you are, and do the study that you
want donne, that they may not want?
Ms. Ladyga: One b I oak west I s a I ready ocxrmerc I a I . We have Coconut Grove
Elementary School. we have a park, we have a...
Mr. Dawkins: So you're like my wife. You hear me, but you're not paying
attention, OK7 All I'm asking you Is, If the people one block east and the
people one block west are against this, because we only have one pot of money,
we're going to have to take those people's money who are against this and pay
to do what you want done.
Ms. Ladyga: Well, I think that we need to have a Planning study. When you
see the video you will see what we're talking about...
Mr. Dawkins: No, ma'am. You're not answering my question. I know what you
want, OK? But I'm Just asking you one question, and It's a simple "yes" or
"no" answer. WIII the people one block east - now, we got one pot of money
where we put all the taxes Into, OK? And this study has to be paid for. So
do we use the taxes from the people who live one block east of the block that
you're talking about, and one block west to do the study?
Ms. Ladyga: Well, I feel that we're going to have to do It sooner or later,
and yes, we do use that money, because we are trying to Improve an area that
has gone down as a residential neighborhood, and if we close our eyes to the
fact that these areas stay that they are - we have absentee homeowners, the
area Is going down in quality of life. Nov, yes, I say we do spend the money
and we do cane up with the model plan.
Mr. Dawkins: Thank you. So now, what we have to do after you get finished is
go in the neighborhood and take a vote If they want us to spend their money
that way.
Ms. Ladyga: If that's what you have to do. Can we show the video now?
Mr. Pierce: Just for the Commission's Information, we point out that the City
did do a study in that area back In the '70s, mid-70's. '75, '76, and that
study at that time reccmrended that the area in question be rezoned to a
higher residential category. What these residents have Indicated they would
desire there, Is for a combination office/residential.
Ms. Ladyga: There has not been, from the Information that I have found, a
ca, rehensive planning study of this street since 1974.
Mr. Pierce: That's what I just said.
Mr. Dawkins: No, ma'am, 1 didn't say the street. I said we did a
canprehensive master plan study of Coconut Grove. Now that's what I told you.
Ms. Ladyga: I'm sure that's true. I'm talking about Florida Avenue.
Mr. Dawkins: All right. I Just want to know that you and I are on the same
wavelength.
Ms. Ladyga: I understand. Thank you. But we...
Mayor Suarez: Would you go ahead and complete the presentation so we can
decide whether we're going to take any...
Ms. Ladyga: But there has not been any study of this street for twelve years,
and I don't see why we cannot - this area Is tremendously changed.
Mayor Suarez: Well, typically we don't do a study because 75 percent of the
residents of one block come and ask for one. But that's what we're trying to
determine - why this one Is unique. But go ahead. Sometimes we do at study
because on I y one res 1 dent of the .block wants i t . We're not a l ways l og I Ca l .
Sometimes we do a study because Sergio wants to do a study.
Mr. Pierce: Sergio likes doing studies.
92
Mayor Suarez: Yes. This Is an In-house study, by the way, that we're talking
about, right? There really wouldn't be any out-of-pocket expense to the City.
THEREUPON THE OISSICN VIEWED AN AUDIOVISUAL PRESENTATION RELATING TO
FLOR I DA AVENI IE , SET IN FEBRUARY 1986 ON A SATURDAY N 1 GHT .
Mr. John Purlfoy: That was In February of this year. The next sequence Is In
July of this year.
Mayor Suarez: Would you state your name for the record too, so that we can
Identify the voice later?
Mr. Purlfoy: My name Is John Purifoy. I live at 3173 Florida Avenue.
Mayor Suarez: Not engaged for ccmpensatlon on this matter?
Mr. Purlfoy: I wish I was.
Mayor Suarez: Don't we all.
Mr. Purlfoy: I would point out that what you're looking at Is Florida Avenue
from In front of my house, looking toward Matilda Ave...uh, Matilda Street,
Matilda Avenue. You'II see cars parked along the street, and this Is a "No
Parking area." Every weekend night - Friday night, Saturday night, and Sunday
night - City of Miami Police Department Is constantly out there Issuing
tickets.
And I think a lot of peop I e are I ook I ng at It from the point of v i ew that,
"OK, I'm paying a parking ticket for the privilege of parking in this area."
Also, there Is a...
Mayor Suarez: Is this thing moving, by the way? Are we going to get to see
something? Or are you giving us a preamble?
Mr. Purifoy: A preamble. Exactly.
Mayor Suarez: Could you make the preamble a little shorter?
Mr. Purifoy: OK. Also, you're looking at an area which is a towaway zone;
and cars, although they are towed away, people continue to park there.
THEREUPON THE OOWISSION CONTINUED THE VIEWING OF THE AUDIOVISUAL PRESENTATION
RELATING TO FLORIDA AVENUE (JULY 1986 SEQUENCE).
Mr. Purifoy: Also, there's a lot of foot traffic In addition to people that
are parked on the street, walking up and down the street. That noise that is
being picked up Is coming from Grand Avenue.
AFTER THE COMPLETION OF THE JUL Y 1986 SEGMENT:
Mr. Purlfoy: I have one more segment If 1 can show that. This Is.on. AuWst
the 19th. It's a Saturday night.
Mr. Plummer: Saturday Night Live.
THEREUPON THE 0CWISSION OONTINUED THE VIEWING OF THE AUDIOVISUAL PRESENTATION
RELATING TO FLORIDA AVENUE.
Mr. Purifoy: Again, you're looking at cars parked on the street, and we have
a lot of people turning around in driveways, and turning around in front
yards. Got ahead of myself. This Is the 19th.
(ND 1 SES OF V I DEOTAPE CAN BE HEARD)
Mr. Purifoy: I want to point out that the people that IIve In the house,
right here on that corner - the corner of Florida and Matilda - six months ago
helped fund an attorney to fight a change on the street. and since then
they've dwided to sell their house ... weII, move from the house to move to a
real residential neighborhood, and they're not sure whether they'll sell their
house or rent i t . But they Just got fed up with everything that's going on
around the house.
93 September 26. i s3
Mr. Plumper: Are they one of the ones that are joining In this action?
Mr. Purlfoy: Yes, they are. They're the first signers, the first names
showing on the petition.
(NOISES OF VIDEOTAPE CAN BE HEARD)
Mr. Purlfoy: Again, we have people parking. Sometimes they park they ... are
anokIng. What they're Ing I'm not exactly sure, and IntakIng substances
through their nose, so...
Mr. Plummer: Cotton candy. Damn, we've got a lot to do.
(END OF VIDEOTAPE PRESENTATION)
Mr. Purlfoy: CIK. I believe that gives you a pretty good Idea of what our
street's like on a weekend night. Also, I'd like to say one thing about what
Mr. Dawkins was saying about the street, that "Is every other block of Florida
Avenue going to request that a study be done or rezoning take place?" I think
that our b 1 ock has a lot of activity on It that Is unique from other blocks
down the street, other sections of Florida Avenue. Just as much as, where
Mayfair Is, that's Florida Avenue, and that's Completely different from where
we are. If you go across the street to McDonald, you don't have the amount of
traffic and the Intrusion as far as people from outside walking up and down
the street on weekend evenings. There might be some people, but nothing to
the degree that's occurring on our block.
Mr. Dawkins: When you were In my office - pull the mike down, pull the mike
down - you made a much more convincing argument than you're doing now. I
don't know whether we frighten you or what, but I know you're not accustomed
to doing this, so, you know, If you've got something else to say, take your
time, don't be frightened, and say it, OK? Because you did a much better job
In my office than you're doing now. I don't know why. But you presented a
much better argument for your case than you're doing now.
Mr. Plummer: Well, can I Interject and ask a question?
Ms. Ladyga: I just wanted to ask one other thing. Where do we go from here?
Mr. Plumper: That's...Well, I think Ccmnissioner Dawkins...
Ms. Ladyga: 1 mean, really 1 think that the video and what I have said is,
obviously you've heard enough, you've seen enough. I don't know what else to
tell you. We are trying to work this neighborhood Into - It's a transitional
neighborhood. People have to realize that. You can Ignore this Issue now;
It's going to came up again. It's going to... It's Inevitable. I mean, this
area, It has been taken over; It has changed. I don't know where we go from
here. If you defer It, where do we go now? I mean, I don't know.
Mr. Plummer: 1 think the question still remains is, are you, the 75 percent
residents of that street, willing to pay for the study? It's going to cost
dollars to do a study, and. you know, are you all willing to pick up the tab?
We've done, as Mr. Pierce has said, we've done two or three studies, and every
time anything that was rnded was rejected, Clio? Now, are you a I I willing
to pay for a study? It's just that...Because, look, let's be honest. If we
do a study, most likely you're going to sell, all right? And you're.going,.to
benefit by It. Because of an upzonIng you're going to get maybe double your
money or triple your money. So If you're the ones who are going to benefit by
It, it Is only right that you should pay for the study. If you want. which
you can't do, call It an Investment.
Mayor Suarez: But what expense are we talking about? Walter, I thought it
was an In-house study.
Mr. Pierce: All we have to do is file a zoning application and we have to
study It, to make a r ndation.
Mr. PIu mer: So. If that's the case, then what Mr. Pierce Is saying Is there
Is a procedure.
WIs . Ladyga : We were to I d ... We have askeei and we have talked to different
Pejople; to find out what the proper procedure Is for being here today...
04 �esptexr r � 1
Mayor Suarez:
OK. We're going to
find out. Please, don't
tell us the whole
history.
Ms. Ladyga: We
thought we were doing
what we were supposed
to be doing.
Mayor Suarez:
Fine. We're going
to find out now. What exactly should they
do other than what they've done, Walter, to get this...
Mr. Pierce: Well, what I was just saying to Oomnlssloner Plummer is.
reminding him that we did do a study of the area In the mid-70s. In terms of
actual new development In that area, there's very little that's different
today from what it was then. There's one way that...
Mayor Suarez: Well he's trying to show a difference between February and July
here, so maybe a study is warranted.
Mr. Ladyga: There's been a lot of difference and It's Increasing a lot very
Quickly. 1 mean, people are...
Mr. Pierce: Mr. Mayor, I'm talking about land use. I'm not talking about haw
many people are walking on the street at night. In terms of ... If the property
owners themselves would simply file a zoning application, we would have no
choice but to. in effect, do a deep analysis or rethinking of what we
previously recarmended for the area. But I will ran Ind you again that that
reccmmendat I on at that time was for more liberal residential zoning, not for
the mixed use type zoning that they're now requesting.
Mayor Suarez: OK. We're at an Impasse here. We have a pending motion to
defer, scmeth i ng we didn't know exact I y what was go I ng to be presented - I
don't know If that's still pending, Ocrmissloner. Do you want to defer the
consideration of the, ah, whether we should have a study? Do you want to
defer consideration of a change of zoning? Or...
Mr. Carollo: 1 don't mind going ahead with a study, but as far as change of
zoning, I think that should be brought up when the Post Office Item ccmes up
again.
Ms. Ladyga: We're...
Mayor Suarez: Wait, wait, wait. You've talked enough. Is there any real
problem In doing a study? I mean, of conditions?
Mrs. Kennedy: How much money are we talking about, Walter, if we do a study?
Mr. Carollo: That's a key point right there.
Mr. Pierce: Bare bones minimum. We could do a study of just that block, but
that does not address the other blocks, and, you know, we talk what happens if
YOU do this, what happens over there. We're only talking about one block, and
would take us 90 to 120 days, and would Involve approximately two staff people
working on that.
Mr. PIumeer: And what's the cost factor?
Mr Dawkins: How many houses In that block? For us to say we got 75 percent
of the houses. How many houses?
Mr. Sergio Rodr I guez : Let me try to answer the first question first. We
believe that we can do a planning study and It doesn't take us three months to
do It. It's just that we're going to have to have a lot of meetings, Iike we
usually do, with the neighbors In the area, and go through all the procedures
to make sure everybody that is Involved in this, one side and the other of the
Issue, can know what Is happening. After we go through that procedure, we'
ogre before you, and If you support the recarmendation for the study then they
can Initiate themselves a zoning change. that they apply for the application
there elves; or you can direct us to rezone the whole area like you have done
In the: past In other areas. That's all.
Mr. Carollo: Well, the more I'm listening, the less I think that we're going
to acOomp I I sh anything substantial by going to a Study Of such a Mail area.
If you were talking about a Study of that whole sector of the Grove It rmIght
95 Wtalber 26, 19ft
be a different picture altogether. 1'd Just like to defer everything until We
discuss this Item apaln, and bring it up for reconsideration.
Mr. PILL mer: ^amend the mot Ion.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
THEREUPON THE PRECEDING MDT ION TO DEFER INTRODUCED BY COW ISSIONER CAROLLO AND
SECONDED BY COW I SS I O ER PLLAIMER WAS PASSED AN[) ADOPTED BY THE FOLLOWING VOTE:
AYES: cmmissioner Joe Carollo
C;cmnissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
V;ce-Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Pone.
Mayor Suarez: I would be Interested In hearing from you as to what exactly
you expect to aoccrrplish with a study, and how we might figure out ways to get
the funding for It, If that's what the matter's going to be, If that's what
the Issue's going to be, or whatever. I didn't know too much about this
matter before today. I thought It was related, frankly, to the proposed
rezoning of Post Office Plaza, and the City had told us that it would take
three or four months to do any kind of study, by which time we expect to hear
a renewed application by the applicant on Post Office Plaza. So, we might as
well take it up at that time, if that's what the issue is. But if you want to
do independently
of that a study, I'd be interested in meeting with you.
35. FIRST READING ORDINANCE: AMEND 9500 - CHANGE ZONING CLASSIFICATION OF
APPROXIMATELY 1548-1636 BRICKELL AVENUE FROM RG--2.1/3.3 TO RG-2.1/5
Mayor Suarez: Item PZ-4. Left over from the morning. There was some concern
about what exactly the buffers were, I think.
Mr. Plummer.: I've got a problem on PZ-4, with one problem of the covenant,
and I gave It. —The wording I've got a problem with is exactly what Miller
Dawkins brought out this morning. And yet, I'm still told I've got a problem,
by the City Attorney. And that Is the one that states... Is this what I gave
you?
Mrs. Dougherty: You have a probIan with the severabIIIty clause which says
"that if any one provision of the covenant Is declared unconstitutional. that
the entire covenant would not be.deciared unconstitutional."
Mr. Plummer: In other words, there's a portion of that covenant that says
that, "If any time this goes to court, and a court or a Jury find that any
provision of this covenant Is not legal, that It doesn't affect the rest of
the covenant." Now, you know, If we are. In effect ... I can't even say that
for the record, can I?
Mrs. Dougherty: You can't say anything for the record.
Mr. Plummer: If we are accepting and voting favorably on an Item with
emphas i s p l aced upon a covenant, It Is my feeling that that covenant is in
fu I I force and of fact of I aw. . Yet I'm being told by the City Attorney that
covenants are voluntary, and that If In effect. we can't bring the item back
before this Ccranission to rediscuss the Item. Hold on a minute.
Mrs. Kennedy: Bob, I think that In principle... Bob. Bob. I think that In
principle the City does agree that there should be salt kind of zoning change.
but we have to protect the neighborhood.
covenant Is unenforceable the rest of the covenant still applies and we're
still bound by It. And that's really for the protection of the City, and we
think that the language Is good language. We'd be happy to change It between
the first and the second read I ng .
Mr. PIv mrer: OTC. Bob, Iet me give you an example, a I I right? Let's say that
we give a covenant predicated on the ftact, and It's not applicable to this
application, and we say, OK, you don't have to put in the 100 parking spaces.
We'll allow you to put It In In grass., but as part of the covenant you will
have to agree that If the day cues that It Is needed you agree to put it in
In asphaIt and ccm>pIy wIth ail parking Iaws, OK? And you voIunteer that in
the covenant. You go to court and that's overturned. It's possible,
according to this wording here. My concern Is that that which we traveled in
good faith doesn't ccme to be a reality, and that's what Miller was speaking
to, then we have not ... It doesn't make the covenant binding, Is what I'm
saying.
Mr. TraurIg: We're very happy to change this covenant between the first
reading and the second reading to make It strong and run it past the City
Attorney's office and the Planning Department and all of the Cormissioners, so
that you're satisfied that It gives you the kind of clout you need.
Mr. Plumper: OK, that's fair. That's fair. And then she can come back and
advise me. That's fair. That's fair.
Mayor Suarez: We can move on the Item?
Mr. Plummer: Yeah, sure, as far as I'm concerned you can.
Mayor Suarez: Somebody willing to make a motion?
Mr. Guillermo Olmedillo: You want a full presentation, or...
Mayor Suarez: Well, do we have. ..DIdn't we have a presentation on this
already, In the morning?
Mr. Olmedillo: We did, but I'll be glad to repeat it.
Mayor Suarez: Yeah, you gave the presentation. Do we have any opponents of
the application PZ-4, that wish to be heard against it?
Mr. Olmedlllo: The Issues are, there's a Sector change, there's an intensity
change that goes from a 3.3 to a Sector 5, which Is a .40 to a .75 FAR change.
There's an alley in the back of the property, a 20-foot alley, which separates
these properties from the ones fronting South Miami Avenue, and that the City
needs a buffer to separate the two areas.
Mayor Suarez: And the Issue this morning was what kind of a buffer and how
was the wording on the covenant and everything else. And we...
Mr. Dawkins: You're going from what FAR to what?
Mr. OlmedlIlo: Frcm a 3.3 Sector, which Is a .40 FAR, to a Sector 5, which is
a .75.
Mr. Dawkins: And you're Increasing the square. ..that would Increase the
sure foot by what?
Mr. Olmedillo: By a hundred and —no, about 90 percent, sir.
Mr. Dawkins: Ninety percent?
Mr. Olmedillo: Yes, sir.
Mr. Dawkins: Damn near double.
Mr. OlmediIlo: Right.
Mr. Plumper: It's 1.40 to what?
Mr. Olmedillo: No, It's .40 to .75. So It's about a 90% Increase.
97 Septerrtber 25. 19b5
Mr. Plummer: And what Is allowed?
Mr. Olmedillo: What Is allowed today? Point 40.
Mr. Plummer: Ids this oome. In for any of the bonuses or the incentives?
Th i s is In the Br I cke l l area, right?
Mr. Oimediilo: It's In the Brickell, but It's in the SPI-4. What they have
is that the first 30 feet cannot be occupied by parking. This is only a
scenery corridor.
Mr. Plummer: But what about the Incentives and the bonuses for mixed use, and
for ... None of that camas Into play?
Mr. Olmedillo: No, that's further down on Brickell, sir.
Mr. Traurig: There are no incentives, there are no bonuses. In effect, this
permits us to go from a two-story to a three-story building. That's really
what we're talking about. Whereas we have high rise buildings on the east
side of Brickell as we go down toward the single-family neighborhood on Miami
Avenue, we think that the three-story building would be a good transition.
Mr. Plummer: And then the question has to be, what are they doing for the
City In return?
Mr. Olmediilo: It's a zoning change from sector ... The application is Just a
zoning change, sir.
Mr. Plummer: 1 understand that.
Mr. Carollo: Bob, where's exactly this property...what's
Mr. Traurig: It's directly across the street from Villa Regina. This Is
property awned by Hank Green, and a portion of It Is owned by Nick Morley.
It's a strip, and Pat Torn IIlo and UTD own the piece to the south. And this
is just a strip In between the church and 15th Road.
Mr. Carollo: The only name that I see here is, applicant/owners, It says City
National Bank Land Trust, Green Construction Corporation.
Mr. Traurig: Yeah, but that's Hank Green.
Mrs. Kennedy: But in your backup material you also have Nick Morley.
Mr. Carollo: OK. Now, this land Is not City National Bank s? It's a Trust?
Mr. Traurig: No, there is a land trust In which City National Bank is the
Trustee. The beneficial owner Is Morley. Hank Green has the other property.
UNIDENTIFIED SPEAKER: : And Henrietta Harris Is the...
Mr. Caro IIo: OK. Well, that was misleading. There's no mention here of all
the owners.
UNIDENTIFIED SPEAKER: Yeah, It's In our Disclosure of Interest form.
Mr. Traurig: There Is a form that Is flied with the zoning application which
Is called a Disclosure of Interest form, which reflects who the beneficial
owners are.
Mayor Suarez:
owners...
It would be helpful, Aurelio, If when you have beneficial
Mrs. Kennedy: Exhibit A, page 14. Joe.
Mayor Suarez: States who the beneficial owners are?
Mr. Carollo: Excuse tote?
Mrs. Kennedy: Exhibit A, page 14.
88
Mr. Plumper: Just on the record, because I remember one of the halaCtous
fights with CTA Towers across the street. to public works there's no need for
any dedication for the right-of-way. Is that correct?
UNIDENTIFIED SPEAKER: That's correct.
Mr. Plumper: The 100 foot Is adequate?
UNIDENTIFIED SPEAKER: Yes, sir.
Mr. Plumper: OK. Just want It on the record. There was a hellish lawsuit
ten years ago, fifteen years ago.
Mayor Suarez: Is this the first such Increase In density on the west side of
Brlckell In that area?
Mr. Plumper: No.
Mr. Oimedlllo: South of 15th, between ... Th I s Is south of 15th, up to the
church.
Mr. Plumper: Yeah. No, he asked, "on Brleke ll on that side." It is not the
first.
Mayor Suarez: Where's the other one? Where's any other ones? There's still
a lot of single-family townhouses, duplexes.
Mr. Olmedlllo: There was a PD-H to the, toward the other end, whIch. ..but,
I've been Informed that It's under the existing zoning so there was no zoning
change action, no.
Mr. Plumper: Well, we changed It though, afterwards.
Mr. OlmedIIlo: Well, the whole of Brlckell..
Mr. Sergio Rodriguez: Excuse me, the question refers to the fact that .,In
Brlckell we changed the zoning north of this area all the way to the river..
That's what you're saying? Yeah. SPI-5, we changed it In 1983, 1 believe
'84.
Mayor Suarez: 1 presume that was done pursuant to a study, and consideration
and as a mass change, as opposed to ,lust a couple of parcels?.
Mr. Sergio Rodriguez: Yes, I believe so, sir.
Mayor Suarez: You're recarmending denial of this application?
Mr. Sergio Rodriguez: The reason we recommended denial before was because...
Mayor Suarez: Oh. now you're recempending approval with the covenant?
Mr. Sergio Rodriguez: Approval. because we resolved the Issue with the
covenant as to the setback,...
Mayor Suarez: Are you concerned about the residential value of this
particular increase In density?
Mr. Sergio Rodrguez: Residential value In the back of It, you mean?
Mayor Suarez: For the rest of the property south of 15th Street,..
Mr. P I Lsimr : 15th Road.
Mayor Suarez:....southNest of 15th Road?
W. Sergio Rodriguez: The probIan within that area Is that we have on the
other side of the street a very high intensity, and frankly, there is not a
proper transition between that high Intensity and the single-family tht Is On
MIwnI Avenue.
99
Selotayber 2511
Mayor Suarez: Wouldn't the logical thing be to propose that this be done for
the entire strip, and that they give the City as a result of that increase In
zoning thing back for the Increased valuation of the properties that would
result from that? Pretty similar to what I was trying to get you to consider
north of the Cmnl?
Mr. Sergio Rodriguez: The amount of ... We cannot request this from then. We
could have done, for example,...
Mayor Suarez: We're going to have that argument again?
Mr. Olmedlllo: Then I won't say anything else.
Mayor Suarez: We're going to have that argument again. They do it In
Massachusetts and It seems to be constitutional, right?
Mr. Traurig: We would IIke to change our covenant that we're going to
resubmit to you to say that If Impact fee ordinances are Imposed on the
colmtunity hereafter, we'll be subject to then.
Mr. Plummer: Bob, I don't really think that's what the Mayor had in mind.
Mayor Suarez: No. I want a percentage of the Increased valuation that you're
getting, to be used for surrounding areas, neighborhoods, etc. Don't tell me
It's not constitutional, and don't tell me not to say It. We've been through
this.
Mr. Traurig: May we urge that you pass this on first reading, and we'll
revisit how we will approach doing equity between first and second reading.
Mr. Plumper: Based on that, I'll move the item.
Mrs. Kennedy: Based on that, I'll second it.
Mayor Suarez: Moved and seconded. Any further discussion? Call the roll.
Mr. Plummer: Let the record reflect that the Planning Department has changed
from a denial to a recommendat I on of approval, based on the covenant first
surrendered, yet to be modified and corrected by the second reading.
Voluntarily proffered.
AN ORDINA'CE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
ND . 9500, THE ZONING ORDINANCE OF THE CITY OF M 1 AM I ,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1546-1636 BRICKELL AVENUE, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
2.1/3.3 GENERAL RESIDENTIAL TO RG-2.1/5 GENERAL
RESIDENTIAL MAINTAINING THE SPI-4 BRICKELL AREA MAJOR
STREETS OVERLAY DISTRICT, BY MAKING FINDINGS; AND BY
MAC I NG ALL THE NECESSARY CHANGES ON PAGE NO. 37 OF
SA10 ZONINiG ATLAS MADE A PART OF ORDINWNCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABiL1TY CLAUSE.
Was Introduced by Ccmmissloner Plumper and seconded by Commissioner
Kennedy and was passed on Its first reading by title by the following vote -
AYES: Cc missioner J. L. Plummr, Jr.
Commissioner Rosario Kennedy
V I ce-*,Mayor M I T I er J. Dawk 1 ns
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
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 LIM pub1iC.
Mr. Dawkins: 1 vote yes, and reserve the right to change my vote If I'm not
pleased with the covenant on second reading.
Mayor Suarez: I vote yes, and reserve the right to change the whole approach
to the rezoning of this area, yes. when I prove to them that It's
constitutional to do It. PZ-9.
Mr. Plummer: Walt a minute. Mr. Mayor, before you leave that Issue, Mr.
Mayor?
Mayor Suarez: Yes.
Mr. Plummer: In that area, there's Simpson Park. there's Douglas Park - not
Douglas Park. What's the name of that park on 12th Street by the fire
station?
Mr. Dawkins: Moore Park.
Mr. Plummer: No, no, the one that the Cancer Institute wanted.
Mr. Dawkins: Southside Park.
Mr. Plummer: Southside Park. And they're all very, very dilapidated.
Mr. Waiter Pierce: Southside needs a lot of work.
Mr. Plummer: Yeah, OK.
Mayor Suarez: And I'd like them to build some housing too, and not just fix
up parks. to tell you the truth.
36. DISCUSSION AND DEFERRAL OF CONSIDERATION OF ISSUANCE OF AN AMENDED
DEVELOPMENT ORDER FOR THE ONE DLIPONT PLAZA PORTION OF MIAMI CENTER I
PROJECT TO THE MEETING OF OCTOBER 7, 1986.
Mr.' P I ummer : What Item are we on now?
Mayor Suarez: PZ-9.
Mr. Dawkins: Mister ... I'd like to know, from the administration, how long did
It take to do this? How long did It take staff and everybody to do this?
Mr. Sergio Rodrguez: Aurelio?
r
Mr. Aurelio Perez-Lugones: To do what?
Mr. Sergio Rodrguez: To put that package together.
Mr. Dawkins: And review It.
Mr. Walter Pierce: Aurelio, the Vice -Mayor would IIke to know how long did it
take staff to put together this package for Biscayne Plaza.
Mr. Aurelio Perez-Lugones: The better part of a day.
Mr. Dawkins: Beg pardon?
Mr. Olmedillo: The better part of a day.
Mr. Dawkins: A day. And you reviewed It? in a day too?
Mr. Aurelio Perez-Lugones: No, I didn't review that...
101 Septwnber 25.
Mr. Dawkins: Well, how long did It take you to put It together and review it?
Mr. Aurelio Perez-L.upones: Well, that took about three drays.
Mr. PILnmr: As I've said for years. I don't want a job with this City
just want to sell then paper.
Mr. Dawkins: Go ahead, sir.
Mr. Sergio Rodriguez: No, the review, I would say, Is a process of several
months, and I couldn't give you an Idea of how long It would take us.
Mr. Dawkins: OK, thank you. Thank you.
Mayor Suarez: 1 have a related question. Do you have to put all those
materials In this Item...
Mr. Sergio Rodriguez: Anything that is Introduced In the record, we have to
put It In the record.
Mr. Dawkins: All right, now you took several months to do this, OK? You gave
It to me Friday night. I had meetings to go to Saturday. I had meetings to
go to Sunday. And then you want me, as a part-time Oarrmissioner, to digest
this and be able to discuss It and vote on It Intelligently today. I move
that this be deferred until the next meeting to give me time to through this
so that I can get with him, and go through, and anything that I find, and we
can get through with it.
Mayor Suarez: So moved.
Mr. Traurlg: May I have an opportunity to address the Ccrtmission on that
subject?
Mr. Dawkins: Walt, we don't have a second yet, Mr .... You may not...We don't
have a second yet, Sir.
Mrs. Kennedy: For purpose of discussion, let me second.
Mayor Suarez: Second for purpose of discussion. Counselor, go ahead.
Mr. Traurlg: With all due respect to both staff and to the Cam lssion, what
has been submitted to you In connection with this application is similar to
what you have already received in the past In connection with this same
property. And It Is voIunInous, and If one were to read all of what has been
submitted, he can't get It done In a very brief per I od of time, and 1 think
CcTnIssloner Dawkins Is right about that. But 1 think that over a period of
F;
time this matter has been presented to you In one form or another, and
submissions have been made by the Planning Department over that period
sufficient to Inform the CmmIssIon of the subject matter, and I do believe
that the Ctmnlsslon is sufficiently Informed, and as a result Of the
presentations to be made both by the Planning Department and the applicant,
that Information will be adequate for you to make a value judgment on the
question of Impacts and whether or not they have been mitigated. And I urge
you, since this Is not a zoning hearing, and It's merely a review of the
action of the. South Florida Regional Planning Council and your Planning
Advisory Board, and the Planning Department's reoammendations, which you have
already addressed In your June meeting, that you ought to proceed with this;
and 1 say it with due respect to Carrmissloner Dawkins, who has told me that he
hasn't had an adequate amount of time to read It, but 1 do think that we can
sufficiently Inform the Cmmission - that your judgment and your decision will
be based on adequate Information.
Mr. Dawkins: Mr. Mayor, the only thing I ask for Is the same courtesy that
been given to everybody this morning, when they requested that an Item be
deferred so that they could get more Information, It was done; and I request
that sum courtesy, sir.
Mayor Suarez: Put me In a tough spot.
Mrs. Kennedy: Based on that, I repeat what 1 said this morning. Every time
I've asked for a deferral` my colleagues have voted for it; so if Comr►lssloruer
Dawkins thinks that he heads more time to study It, I'll have to go along and
second his mot I on .
102 September 25, 1 6
Mayor Suarez: You put we In a tough spot, because I voted against a deferral
on an Item this morning, and typically, It seems to me, that we have to have a
good reason for It, and 1 understand what you're saying, because digesting and
absorbing and understanding these materials would take forever. But let me,
before I make up my mind on the motion, ask - Bob, what Is the crucial change
or cession or modification being made since the South Florida Regional
Planning CounclI made certain recarmendat Ions that we heard about before and
that required a payment by your client of certain monies for Infrastructure
Item, and so on? I understand that we've made a lot of progress since that,
and if you'd at least give us a report on that, maybe it would illustrate
what, exactly, we're approving today. We're not really approving all of this.
Mr. Dawkins: If It's deferred. ..See, this Is what Irritates me, see? Now,
this morning nobody went through all of this to get a deferral. See - but
every time I ask for a deferral. then you s i t up here and you hear the Item
and then you tell me, you know, all kind of B.S. I mean, we got a motion and
a second. 1 call the ques...I mean, Mr. Mayor, please call the question.
Mayor Suarez: Let me...I will In a second, Commissioner. I Just want to find
out - If you'll Just give us that very brief outline on what It Is that we're
expected to approve here.
Mr. Dawkins: Mr. Mayor, you're not treating me fairly. You're not being fair
to me as a fellow CQnmissioner.
Mayor Suarez: He can force...
Mr. Dawkins: You didn't do that ... You did not do that this morning!
Mayor Suarez: He can force a vote on It...
Mr. Dawkins: But you did not do this this morning, Mr. Mayor.
Mayor Suarez: Let me Just tell the applicant something.
Mr. Dawkins: But you didn't do this this morning.
Mayor Suarez: On a procedural point. He can...
Mr. Dawkins: Procedural nothing. A point of professlonal'privilege, then.
Mayor Suarez: No, he can...
Mr. Dawkins: A point of professional privilege.
Mayor Suarez: You can force a vote on the question.
Mr. Dawkins. He, who can force a vote?
Mayor Suarez: You can, if you have...
Mr. Dawkins: Well, I'm trying.
Mayor Suarez: But. I...
Mr. Dawkins: But you won't let me.
Mayor Suarez: Well, just give me a minute!
Mr. Dawkins: Do it after the vote. You can do anything you want after the
vote.
Mayor Suarez: Doesn't sound Iike you're going to win on the...
Mr. Dawkins: I don't care whether...
Mayor Suarez: NO, I...I'm telling to him.
103
Mr. Dawkins: Oh, because I've been on the losing side of a four -one vote ever
since I've been here. This ain't nothing new.
Mr. Traurig: Mr. Mayor, the Carmissioner serves this cormunity well...
Mr. Dawkins: See, see, you're doing... I've asked that It be continued, and
you're still doing what you. —You're lust doing me wrong, Xavier.
Mayor Suarez: Just a second.
Mr. Dawkins: As the Chairperson of this ... You're doing me wrong.
Mayor Suarez: Just a half a minute, to find...
Mr. Dawkins: No minutes! You're still not being fair to me.
Mayor Suarez: Well, let me explain something. Let me explain something.
t d th can ex lain an thing you
Mr. Dawkins: No, no, no. Call the vo a an en you p y
want.
Mayor Suarez: No, no, no. Let me explain something else because I happened
to sit on the South Florida Regional Planning Council, and 1 had to sit there
through a presentation and I had to, In the South Florida Regional Planning...
Mr. Dawkins: I withdraw my motion.
Mr. Traurig: We consent to the withdrawal, Mr. Mayor.
Mayor Suarez: OK. It's deferred. Call the question on the motion to defer.
Thereupon the City Ccmmission, on motion made by Commissioner Dawkins,
seconded by Ccmnissloner Kennedy, passed and adopted the preceding motion to
continue Item PZ-9 to the October 7, 1986 meting by the following vote:
AYES: Commissioner J. L. Plurmer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
hDES: None.
ABSENT: Commissioner Joe Carolto
Mr. Plummer: I honor the request of a colleague and Vote yes. Now ask. alt the
questions you want, Xavier. Xavier?
Mr. Dawkins: Go ahead. You have...
Mayor Suarez: I don't have any more questions. We're not going to
consider...
W. PIuimner: WeII, i was hoping to hear the answers.
Mrs. Dougherty: J.L. J.L. J.L.
Mayor Suarez: If we're not goIng to hear the Itan today, and If you've been
made to wait for no good reason, 1 don't...
Mrs. Dougherty: There may be a statute that does not perm I t us to cont I nue
it.
Mr. PILrm er: Oh, I,'m sorry. I'm sorry.
Mrs. Dougherty: Ask then If they are In agreement. Ask them If they agree.
Mr. Traurig: Is it possible for this Item to be on the next Agenda of the
City and not the next Planning and Zon I ng Agendas?
Mayor Suarez: I'd have no problem with that. Yeah, the motJon to defer
should spar 1 fy the ...when It w i I I be heard It again. Yeah, we have to
cxrnt i nue with the date. DO YOU have any prob I em with It being the first
meeting In October as opposed to the send?
104 ` ter 25,
of the charter boat pwple Mere?
10 SOptenber 26 0
vh� r�n3s'Y�Iff kY+A
V
Me. John Blaisdell: Yes.
Mr. Plummer: Where are they? Two ladles? Four ladies? No, this Is not the
houseboats •- this Is the charter boats. Are you the only one, sir?
Mr. Jim Corbler: Representing everyone.
Mr. P I tanner : Yrau speak for the Assoc I at I on?
Mr. Pierce: That's Item 19.
Mr. P I um er : Oh, C)K
Mr. Pierce: I'm sorry, It's Item 19.
Mr. Plummer: We had deferred It because Mr. Gilchrist was out of town, and
now we're told that Me. Blaisdell Is the one who had been doing the
negotiations...
Mr. Pierce: That's correct, sir.
Mr. Plumrrmr: ...In the first place. What was the Item originally scheduled
on the agenda for? For what reason?
Mr. Blaisdell: The following reason, Commissioner. As you know, the City
entered Into a settlement agreement with the fisherman to construct a marina
facility, and as a result of that Settlement agreement, the City had sealed
bids for the project, upon which the bids came in - I think the lowest bid was
at $790,000, at a budget of $500,000. As a result of that, we have had to
scale down the project, and now In order to expedite the process, we've
brought the Item back to the Cartmission so the Commission would consider
rejecting those three bids and Instructing the administration to proceed with
competitive negotiations In order to expedite the process of construction of
the facility.
Mr. Plummer: Didn't we pass here, about a month ago, that they got the
contractor down under the $500,000?
Mr. Blaisdell: The item was scheduled last week in order to do that, but the
Law Department Indicated to us that that was an improper procedure and we
needed to reject all the bids and negotiate with...
Mr. Plummer: All right. Then the question has to be this, and you're
speaking as the Association - is that correct?
Mr. Corbier: Yes, sir, I'm president.
Mr. Plummer: All right, sir. It was always the understanding that we gave
you a very large sum of money, first of ail to move, which was moving
expenses, and so much per boat owner, plus the $500,000 to build these
facilities In the F.E.C. slip. But It was always the Intent that that, at
best, was temporary, that all of the boat owners that were here wanted to go
back Into the Says Ide Marina when It was completed. Has that now changed?
The reason I'm asking. :.the reason I'm asking 1s,-that thIa... we're talking
about temporary, and how long, ,John, approximately. would It take - six,
n=ths?
Mr. Blaisdell: To construct?
Mr. P I umer : Yeah.
Mr. Blaisdell: No. i think more like nine or ten with mobilization.
Mr. Plt,rrmer: OK, which says that with Bayside opening April the 8th at noon,,
and It looks like they're going to make that schedule, and you folks want to
go back over Into that facility, and the City has to pay to the right to:take
over that facility a mliIIon six. would It not be smarter to take and Just
have you folks go back In on April the 8th, and not waste the $500,000 in the
slip - than that S500,000 could go toward the City purchasing the Marina
That, i guess. Is really the question.
106 Septerlber 25, ION
Mr. Corb I er : Comm I ss i oner P I under , let me identify myse I f. My name Is J i m
Gorbler. I live at 2177 Tlgertail Avenue, and I am president of the
organization that Ccm-nissioner PlL mer Is referring to, the Pier Five
Boatmen's Association. To first of all take Issue with what you Just said, It
was not always, nor was it ever understood or was there ever a consensus on
the part of any portion of our membership that we would move back Into the
Bayside area. The consensus and the Impression that we always had was that a
facility was going to be built for the commercial charter boat type Of
operation, which was going to be permitted as a temporary facility In order to
facilitate the permitting, but In fact, we had drawn up sample leases through
your attorneys that were five years I think, with a five-year option, or three
years with a five-year option. Therefore, It was never our Intent to go back
to Bayside Marina. Our Intent was to get our Own marina in what Is the F.E.C.
facility. And that was always, clearly, the Intent.
Mr. Plummer: I don't think those leases were signed though, were they?
Mr. Oorbler: No. They are part of the agreement which we reached with the
City, to be signed when we took occupancy of that facility.
Mr. Plummer: OK. But there was also another provision In there that that was
not a facility to be built for your Association. It was 35 slips that were
going to be made available to the public. We can't...
Mr. Corbler: Well, whatever. It was never...there was an option in there
that we could move back Into Bayside Marina. But let me refresh your memory.
At the time, It was ... we were under the Impression. and no one was quite sure,
that the Rouse Company was going to be operating Bayside Marina, and that was
not appealing to the charter boat people because we were aware of the high
rents that they would likely be charging, the percentages off the top,...
Mr. Plummer: And so will the City.
Mr. Corbler: Etcetera. And so will the City - high rents. At this point in
time, Just for your Information so we can maybe avoid seme hurdles, we still
obviously don't have an F.E.C. facility. The City has permitted this some
time ago; It Just Is not under construction. For your information, myself and
John Gilchrist sat with the Rouse people approximately a week and a half ago,
to discuss the possibility of the boatmen moving back Into the Bayside
facility. I share with you the opinion that it would be senseless to
construct a facility and spend all the money If nobody's going to show up. So
I agree with that point; however, we are In a very early discussion stage. In
Order for Bayside Marina, for us, to work, certain modifications have to be
accomplished. I don't even know If the Rouse Company or If the City Is
willing to accommodate us with the list of Items that I gave them that would
be necessary for us to move back in there. Therefore, our position is that we
want to go on with the F.E.C. project, as you folks premised via the
agreement.
Mr. Plummer: Well, of course, that's your right,
CK? But it's also... If the
City ... you know, what I'm looking
at Is that half
a million dollars,
and the
City having to pay 1.6. Now, you
know, I want to
be honest with you,
and up
front, and say to you that If that
Is the case, then don't make application to
the Bayside Marina. Because If
we're going to
provide you with a
half a
million dollar facility over there, as far as
I'm concerned that's
where
you're going to stay.
Mr. Corbier: Well right now, you're talking about something that Is
nonexistent.
Mr. 'Plummer: No, I don't...
Mr. Corbier: So, I...and we're talking about some serious unknowns. We don't
know what's going to be in Bayside.
Mr. Plummer: Well, that's what I was trying to get you all to sit down to the
table and try to...
Mr. Corbier: You're telling me, If you build this marina. don't you dare
a;pp I y?
Mrs. Dougherty: He's talking about a different thing.
107
Mr. Plummer:
Mr. Corbler:
I'm telling you that If we build...
1 will defy that!
Mr. Plummer: No. no,
sir. WeII, you can buy what you want
and you can "no
sale" what
you want.
I'm saying to you. don't
go ahead and
force us to our
obligation,
which we have, and then say suddenly
that you don't want the damn
thing, and
you want to move back into Bayside.
I'm saying rather than get
at
loggerheads
here, why
don't you all sit dawn and
try to work
out Sane kind
Of
agreement?
Yes, we,
the City, could make se me
concessions
as operators
of
that marina
to save
that half a million dollars; but don't
make me Spend
it
�•I
and then want me to make concessions so you can get back In Bayside. That's
what I'm saying.
Mr. Corbler: I wouldn't think of doing that.
rt
Mr. Plummer: Don't you think It's better to sit down and negotiate?
Mr. Corbler: 1 have no problem with that - I'm open. I'm open right now.
Who do I negotiate with - you?
Sri
Mr. Plummer: No, sir.
Mr. Corbler: You don't negotiate.
Mr. Blaisdell: Ca missloner. let me Just mention something for purposes of
the Cammission.
Mr. Plummer: By the way, you did negotiate with me before.
Mr. Corbler: I gave you everything you wanted.
Mr. Blaisdell: The settlement agreement currently requires the City to.do one
of two Itens. Item number one is to construct ... to seek permits for the
construction of an Inner marina facility of F.E.C....
Mr. Plummer: Yes. sir.
Mr. Blalsdell: And In the event that those permits are not obtainable, to
then construct and seek permits for the construction of a breakwater at Watson
`$
Island.
Mr. Plummer: Yes. sir, I understand.
Mr. Blaisdell: We have already sought the permits for the F.E.C. Therefore,
It's a matter of timing, when we should use our best efforts to commence the
process for construction to carmmence.
Mr. Plummer: No, sir, I don't agree. all right? Mr. Blalsdell, you are going
to spend a half a million dollars there for 35 slips. 1 will say. and I'm not
a oarmiercial fisherman. and I never try to guess another man's business, but
to me. with the 18 million people projected a year at Bays Ide, their Chances
Of daily charter are going to be a lot better playing to those 18 million than
they are to the few people over at the F.E.C. slips. I'm saying, sit down and
negotiate with these pmpie. Find out what the concessions are that they
need, since we're going to operate the Bayside Marina, and sage If we can't
make same of those concessions and take the rest of that half a million
dollars and put it Into the marina purchase, which we've got to do. That's
what I'm saying.
Mr. Blaisdell: In that event, Ctxrmissioner, It would be my reccmnendation
that the flshe:rmen organization Indicate to us their wlIIIngness to sit down
and negotiate that point with us.;
Mr. PIurmer: He just said he would.
`
Mr. Blaisdell: in writing.
Mr. Corb l er : Cami i ss 1 over P 1 um*r . I have already sat down, as I told you, a
week and a half ago, with John Gilchrist, with Jim Dausch and other
representatives of that organization. I Supplied therm with a list of, I
108 Btr 26, low
believe, twelve Items which we would like to see accanp I I shed, and once we
were...
Mr. Plummer: Excuse me. Let me stop you right there.
Mr. Corbler: Go ahead.
Mr. Plummer: If those twelve Items were accomplished, would you. the
oammercial fishermen, give up the F.E.C. and wait for the Bayside?
Mr. Corbler: If those twelve items were acomVIl shed, I feel confident that I
could go back to our ff*mbership, Indicate to them that, "The City has agreed
to the following Items - or the City and Rouse, In combination, have agreed to
the following Items. which would provide us with this particular scenarlo.
Now, before we ask the City to go ahead and build F.E.C., would you agree, If
these Items are aecemiplished, to move Into Bayside under these conditions," I
would be happy to do that. I have no problem with that.
Mr. Plummer: All right. Do you have any Idea what It would cost the City for
those twelve Items?
Mr. Corbler: I would guess...
Mr. Plummer: I have not seen then.
Mr. Corbler: They were very, very minor items. Most of then were traffic
accommodations. Whether or not you realize it, we don't make much money on a
charter. We make money on the fish that we catch and sell.
Mr. Plummer:
Yeah, I know, I've bought a few.
Mr. Corbler:
In order for that to continue, even though we would have a great
market there,
we have...
Mr. Plumner:
Fifty thousand dollars?
Mr. Corbier:
We have to ... what are you talking about?
Mr. Plummer:
The twelve items.
Mr. Corbler:
Fifty thousand? I have no number for it. I would guess that
It's substantially
less than $5W,=.
Mr. Plummer:
Well, I have not seen the Items. I don't know the price tag On
then. I would suggest, I'II make a motion at this time, that the City
Manager. the
administration, be Instructed to sit down and negotiate on the
twe 1 ve Items
and come back to this Camn i ss i on with a cost factor and a time
factor, and this
Carmisslon can deal with It on October the 7th.
Mr. Corbler:
CQrmissioner Plummer, could you amend that and put a timetable
to that?
Mr. Plun'ner:
I said October 7th.
Mr. Corbler:
October 7th?
Mr. Plumner:
Yes, sir.
Mr. Dawkins:
Mr. Pitrm*r:
And let me know when you're going to...I can't get involved In
the negotiations
unless the Manager asks me. But you can let me know when the
meeting's going
to take place. I'd like to attend.
Mayor Suarez: Moved and seconded. Any further discussion from the
Cammisslon?
Call the roll.
- 1 "* i
�...'... .wnz.w
t r ". •;.� i�1'lfAF�li 1 _ -...,err-iY•.'e.rAY+.•tt^.R""w�weaz."'-".."II�. x+rx7r .53 . +*m1:il°L.�i. "�_+s0-.+.[5
The following motion was Introduced by Commissioner Plummer, who moved
Its adoption:
MDT I ON NO. 86--773
A MOTION AUTHORIZING AND DIRECTING THE ADMINISTRATION
TO SIT DJWN WITH THE CCNMERCIAL FISHERMAN'S
ASSOCIATION TO NEGOTIATE A LIST OF 12 ITEMS DEVELOPED
BY THEM AND PREVIOUSLY PRESENTED TO THE
ADMINISTRATION; FURTHER DIRECTING THE ADMINISTRATION
TO DEVELOP COST AND TIME FACTORS AND TO COME BACK
BEFORE THE CITY COMMISSION ON OCTOBER 7, 1986, WITH A
RECCNENDAT I ON .
Upon being seconded by Ccmmissloner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
LADES: None.
ABSENT: Commissioner Joe Caro IIo
Commissioner Rosario Kennedy
38. OONTINUED DISCUSSION ON REQUEST FROM OVERTOWN ADVISORY BOARD FOR CITY
FUNDING OF LEGAL SERVICES - THE MEETING OF OCTOBER 23, 1986.
Mayor Suarez: What Item can we handle, Mr. City Manager? You want to make a
statement? It's already been handfed, considered, discussed, but If you want
to make a statement, go ahead, Ann Marie.
Mr. Plummer: What about the rest of the zoning?
Mayor Suarez: Five o'clock.
Mr. Plummer: Hello, Annie. Ann le, get your gun.
do? are we going to, at 5:05, go Into Budget?
we're dead In the water till 5:00 o'clock.
Mayor Suarez: Do you have any emergency items?
Mr. Odio: well. we've got that Ordinance....
Well, what are we going to
So what you're saying Is
Mr. Piurmer: Yeah,
where
Is that ordinance? Lucia? Where
Is that ordinance
on the. Sports Authority?
We got fifteen minutes we're dead In the water - why
don't you...
Mayor Suarez: Proceed,
Ann Marie. We've heard from Don
Benjamin on the
Issues in Question.
We...
Ms. Ann Mar le Adker:
Don
Benjamin does not know the Issue as
I do.
Mayor Suarez: OK.
Let me just tell you what we heard from
Don Benjamin on,
and that is the need
for.
the critical need to expand legal
services to full
time...
Ms. Adker: Not "expand."
Mayor Suarez: Wait a minute, Ann Marie, wait a minute. We asked the City
Manager If there were any funds from Ccmmjn I ty Deve I opment or elsewhere, that
he could Identify. The only thing that could be found that might be able to
be used for that purpose Is general revenue sharing funds. We don't know If
we're going to have those until, probably. the next week or so. Maybe by the
beginning of October.
110 Swtitirber 25, i
,. Asa
Ms. Adker: Mr. Mayor, Mr. Mayor. Mr. Mayor.
Mayor Suarez: The matter was simply not taken up. If you want to make a
statement In addition to all that, feel free to do so.
Ms. Adker: Yes, sir. When 1 think ... The City Of Miami created this problem,
because we have speculators now cm I ng In. And If you could find 28 mIIIIon
dollars to put Into a four -block or two -block area for land acquisition and
displacement of people, I'm quite sure you can put In $100,000 for their
protection. That's what I'm talking about. And that's what I'm asking. Yes,
legal services ccros In when I holler "help," but we need them more than the
County has funded than, and they are there two half days out of the week, and
we really need them 24 hours.
Mayor Suarez: One of the suggestions that was made that was made, that I
made. was to...
Ms. Adker: Take It out of the 28 million dollars. You probably haven't spent
all of that.
Mayor Suarez: What 28 million dollars you talking about?
Ms. Adker: Do you remember the Phase One project that's now added on to the
redevelopment area?
Mayor Suarez: Overtown Park West, you're talking about?
Ms. Adker: Yes, sir.
Mayor Suarez: I don't believe we have any funds that can be used for this
purpose, but...
MS. Adker: Well, I'm quite sure you're not using all of those funds for
acquisition of land and displacement.
Mayor Suarez: Yeah, exactly.
Ms. Adker: All of it? And you did not pro...
Mayor Suarez: No, no, no, I mean, you've characterized It correctly. It.'s
for acquisition of land and construction, and cannot be used, as far as I
know. for legal services.
Mr. Frank Castaneda: Yeah, there are bonds for that. That a housing bonds
fund and they were for acquisition...
Mayor Suarez: In some cases they were housing bond monies; In sane other
cases there were U.M.P.T.A. monies, U.D.A.G...
Ms. Adker: No, the U.M.P.T.A. money went into the four -block area. Hopefully
none of that went Into that first phase.
Mayor Suarez: We don't have any funds at all that could be used for that, as
Identified by the City Manager so far. Now. If you could...
Ms. Adker: Well. we actually need something for the protection of the
citizens In that area.
Mr. Dawkins: Mrs. Adker, this morning, when you weren't here, Mr. Castaneda
explained that we have no money, so...
Ms. Adker: Well, you had money to create this problem.
Mr. Dawkins: Yes, ma'am, I agree with you.
Mr. Piuymer: What Is the recommendation of the administration?
Mr. CdIo. We have no funds.
Ms. Adker- You never have any money when It cones, drown to . protecting Jahn t :
It's only when you want to displace than.
E
Mr. Plummer: Do I understand correctly - what you're asking for Ir. money for
legal funds for people that are having their property condemned?
Ms. Adker: No, sir. That's not what I'm asking for.
Mr. Castaneda: Let me say that those people that the City of Miami IS
condemning their property, we paid their attorneys' fees, and they have been
substantial, so that's not an issue.
Mr. Plummer: Well, what Is she asking the money for?
Ms. Adker: I am asking for the protection of the people who are the renters
of the properties now on the other side, the north side, of the properties
that you're using In Phase One. You know how speculators come In and the
rents begin to rise overnight? Overnight you're living on Brickell.
Mr. Castaneda: But how does an attorney help In that matter?
Ms. Adker: Are you kidding?
Mr. Castaneda: No.
Ms. Adker: Maybe you don't read the Herald.
Mr. Castaneda: Well, I don't think no one here reads the Herald. but...
(Laughter)
Mr. Plummer: Dial 1-800-444.
Ms. Adker: Do you know what happens, Commissioner Plummer? I'm Quite sure
you know what happens when speculators came in. They raise the rents, and =
they force you out, and all this sort of stuff.
Mr. Plummer: But what can an attorney do to stop that?
Ms. Adker. They have. Read that article.
Mr. Castaneda: That article is In relation to the State Attorney's effort to
get housing, to meet their housing codes - the property owners.
Ms. Adker: And that's not the only building we're having problems with.
Mr. Plummer: And for that you're asking $110,000?
Ms. Adker: No, I don't think It's $110,000. It's $100,217.
Mr. Plummer: And where's the money supposed to cane frcm, Annie?
Ms. Adker: Take It out of the monies that you're using to...
Mr. Plummer: Annie, Annie. We can't send your kids...
Ms. Adker: Well, why did you add on a Phase One to a redevelopment that you
don't know yet what you're going to do with?
Mr. Plum9^ier: Annie, we can't send your kids to camp, we can't give you money
for Overtown Festival, we can't give you money...
Ms. Adker: I haven't asked you for that in two years, so let's not go back to
that.
Mr. P l umrmer : We l I , I ook , why am I getting Into a personal argument with her?*
I'm not. The aft InIstratIon Is simply saying they don't have the money. That
ends It.
Mr. OdIo: What we're saying here Is, 1 hope that theses events are being
created for the purpose of bringing tourists to M18ml and filling hotel roans,
and what purposes would we have of having In the s€sme weekend a I I the events,
and hav I ng a 1 I the other weekends open. We need to get a camprom i se here
same where.
Mayor Suarez: Manuel?
Mr. Plummer: I Just don't —Let me Interject this. I don't think there's any
way that this City can provide what Is necessary for both events to be going
on simultaneously. We don't have that many policemen, we don't have that many
f I rerren . I'm sure Sanitation cou I d handle It on a s I owdown basis; but, you
know, If Mr. Sanchez has i nd I cated that he can move h i s date, and we have a
carmItment of that, then we've accarpIIshed everything we want. Now, I think
what we've got to hear Is from Sanchez, can that date be moved?
Mr. Odio: Why don't we wait, then, for any decision until we hear from him.
Mr. Manuel Gonzalez:
Cesar, the
problem that we have Is that 1t takes a
long
time to plan this event,
and If
we don't have the dates, we can't continue
planning the event. 1
mean, we can't be expected... It takes a whole year,
and
we asked for the dates
In April.
Mr. Odlo: The way I
feel, you're
entitled to have your event when you
are
entitled, but at the same
time,
I'd IIke to remind you that It's for the
good
Of this carmunIty...
Mr. Gonzalez: I understand that. That's...
Mr. Odlo: That while you're holding this event, and...scmebody's got to move
here, fellows.
Mr. Gonzalez: I understand, but you also have to realize that, you know, we
had the dates for the past nine years, and that we asked for the dates way in
April. As a matter of fact...
Mr. Odio: OK. Why don't you let me talk to Ralph Sanchez, Jack Eads, and I
will talk to him, and...
Mrs. Kennedy: Mr .... Manuel, yeah, I was going to ask, have you met with Ralph
Sanchez? Have you talked to him about It?
Mr. Odio: I have not. He called me yesterday and we tried to call him back,
and i have not been able to, but...
Mr. Gonzalez: We met with Ralph Sanchez yesterday.
Mr. Odlo: And what did he say?
Mr. Gonzalez: Yesterday morning we met with him, and he was agreeable to,
that we will do the festival this year on the date that we stated,...
Mr. Odio: Fine. Then we have no problem.
Mr . Gonzalez: And that he was go i ng back to NBC to negot i ate for the week
before.
Mrs.
Kennedy: So
that
would be the Ideal solution, then.
Mr.
Odlo: That's
the
Ideal solution.
Mr. Plummer: Well, wait a minute.
Mrs. Kennedy: Sure.
Mr. Dawkins: What are you trying to say, Jack?
Mr. Plummer: We're a phone call away.
Mr. Gonzalez: He's not In town right now.
Mr. Odlo: He's not In town, because: I've been calling...
114
Mr. Plummer: What about Gorge?
Mr. Odlo: He's In New York, trying to find out this...
Mr. Mack Eads: As I understand It, Mr. Sanchez Is In New York now trying to
resolve the dates, the NDC dates, and if we've got a good resolution to bring
It back to the weekend before the 7th and the Sth, I believe are the dates,
then that would solve it. I think we need to wait and see until...
Mrs. Kennedy: When do you expect to hear from him?
Mr. Eads: ScmOtlme next week.
Mr. Plummer: By the next Comnisslon meeting.
Mr. Gonzalez: That's too late for us
Mrs. Kennedy: Yeah, that's the problem.
Mr. Gonzalez: We need to have a comnitment.
Mr. Dawkins: You know what?
candid.
Mr. Gonzalez: Yes, sir.
Let me say something, and I'm going to be very
Mr. Dawkins: I think you're being damn Inflexible, OK? That's my point.
Mr. Gonzalez: Sir...
Mr. Dawkins: No. watt, then l'll listen to you. Wait, now listen to me, OK?
Then 1'11 listen to you. See, you're not standing up here as if you want to
negotiate and we work this out. You're standing up there with your arms
folded, telling me, "These are my dates, and I'm going to take then, cane hell
or high water." That's not the way we want to do things. This is the City of
Miami. See? So what we need to be saying Is, "OK, yeah, we had the dates.
We want to keep our dates. But for the benefit of the City of Miami we will
work with two dates, and If the other date doesn't came through, we'll be
ready." Don't tell me, you know, I mean I'm with you 100 percent, but let's
be a little more humane and a little more reserved.
Mr. Gonzalez: Sir, with all due respect. Last year the problem came up again
end we worked It out, and this year the only reason that we cannot move is If
we are In the middle of events before us - there's a lot of carnivals going
around the Latin -Caribbean and the Latin-American. We cannot get the people
to came to our event if their entertainers are somewhere else. After, If we
move forward, we have the Youth Fair, and the only reason that we - and I
explained this to (Ralph and I talked to him yesterday morning and he
understood what was happening. I'm not here to be Inflexible. We have always
worked It out.
Mr. Dawkins: OK, but all you're saying is that you did ... we went through the
same problan last year - Is that what you're telling me?
Mr. Gonzalez: And It was worked out.
Mr. Dawkins: OK, all right. And now you have notified a1I the Caribbean
oountries that we're going to be on the television and all, and you can't back
out of it, right?
Mr. Gonzalez: No, 1 haven't notified the Caribbean area. What I'm saying Is,
the entertainers are going to be performing somewhere else, and If they're
performing scmewhere else, naturally they cannot came over here, and those...,
Mrs. Kennedy: Let me ask you something. What is your deadline?
Mr. Gonzalez: I beg your pardon?
Mrs. Kennedy: Your deadline - when Is It?
115
Mr. Gonzalez: We are past. As a matter of fact, this problem came up, we
were selling the festival. We have commitments for the 15th. We have a
sponsor that had already, you know, already gotten bands for that date, and we
don't knew, If we had to switch, you know, we're going to be In a bind.
Mrs. Kennedy: OK. What I suggest is that, let's wait a couple of days and
let the City Manager talk to
Mr. Dawkins: They can't.
Mrs. Kennedy:...they've waited so long.
Mr. Dawkins: What they're saying Is that they have acts that'll be booked
someplace else, and they're trying to lock Into those acts now.
Mr. Gonzalez: Sir, you know, we...Let me give you a little history. We asked
for the dates In April after we checked with the Miami Grand Prix, and we
informed then that, you know, we want to know when you're going to be on.
They said they're going to be on In the last weekend of February and March
1st. We went ahead and asked for the dates because we didn't want any
conflict with them. We asked for the dates, and there's a letter that you
received on April - I don't remember exactly the date. On top of that, the
first reading of that request for closing the streets was already accepted by
the Comm I ss I on on June 11 th , I be 1 I eve . The trouble that I have Is that I
need the dates...
Mr. Odio: May I suggest sanething?
Mayor Suarez: Walt, wait - we've got a suggestion here. That's what we need
to hear.
Mr. Odio: Why don't we pass the street closure that they are requesting
subject to the dates being approved by the City Manager, so that they don't
have to wait to cane back to the City Cormnission. And If we cannot get it.
anyway I'll tell you.
Mr. Dawkins: But closing the streets...
Mrs. Kennedy: Because Ra I ph Sanchez i s i n New York, but we can ca 1 I h Im i n
New York. The City Manager, I'm sure, can reach him tomorrow.
Mr. Dawkins: Walt a minute. now, I want to be sure. Closing the streets is
not the problem.
Mr. Odlo: Yeah, well, they are here today. They need to...
Mr. Dawkins: The problem Is securing the talent that they need to perform, I
mean.
Mr. Plummer: No, no. Miller, Miller.
Mr. Dawkins: Yes, J.L.
Mr. Plummer: What he is suggesting is a very good suggestion. Not too often,
but this one's pretty good. (Laughter) What he Is saying Is, so that they
don't have to cane back or wait two weeks, or three or four weeks, give him
the right. as an approval, If Sanchez canes back and says, "Hey, I can move,"
then he says to them, "Fine. Go. You don't have to cane back to the
Corm i ss l on . "
Mrs. Kennedy: Right.
Mr. Plummer: If Sanchez canes back and says he can't move, then It canes back
to the Cann i ss I on on October 7th. I have no prob I en with that.
Mr. Odio: No. no. Authorize me to close the streets any weekend that we
decide that we can work out, so that we don't have to came back period.. Give
me that flexibility.
Mr. Plug: I like the other way better.
Mr. Gonzalez: Yeah, I like the other way better.
116 54teirntxlr' xR.
,a
q3- .r+•.. .ram ..4.-.._ - - _ v.m... - ...,.
l +.
Mr. Odlo: He likes power.
Mr. Plummer: ND, I don't like power - I Just think that It Is very important
to this oamnun I ty that this matter Is resolved, CSC?
Mrs. Kennedy: Right.
Mr. Odlo: Well, that's what I'm saying, J.L. Let's say we decide that
they're going to have their thing on the 7th and 8th, and Sanchez wants to
move...
Mr. Plummer: I'll make a motion at this time that the request of the Little
Havana Klwanis for the dates requested of the street closures be granted,
subject to, subject to the approval of the City Manager having no conflicting
dates. OK? Now, what that's going to do for you, If tomorrow morning you get
an answer that there Is no conflict, he has full authority to approve. If
there Is a conflict, then It's going to have to cane back to this Cc m Ission
and we're going to resolve It.
Mayor Suarez: We haven't resolved the conflict If there Is a conflict.
Mr. Piumner: It would be easy for me to throw the hot potato to him and say,
hey, forget It. That's the politically wise thing to do. But I think this
Commission has got to deal with the fairness.
Mr. Gonzalez: Aren't we In the same position that we were before?
Mr. Plummer: No, sir. What It's going to do for you Is, if tomorrow morning
the answer cones back that there is no conflict of dates, you're automatically
approved. You're two weeks ahead of the game.
Mr. Dawkins: And in the event ... I mean... J.L., can I piggyback? In the event
that It Isn't settled tomorrow, perhaps the Mayor could call a special meeting
Monday or Tuesday so that we can - I don't know - Is that agreeable?
Mrs. Kennedy: Sure.
Mr. Plummer: Not Monday.
Mrs. Kennedy: I second your motion, J.L.
Mayor Suarez: Moved and seconded. We haven't resolved the conflict if there
Is a conflict, but at least we've said if there is no conflict, If we find out
there Is no conflict. you don't have to cane back, and we can get it resolved.
If not, obviously, we're ... but we can't resolve It if we don't know if there
Is a conflict or not. We can't ... I was hoping that we'd know by today,
frankly, and I'm really disillusioned here with the City Manager's efforts. I
mean, I would have hoped that by now we'd know whether Ralph Sanchez can solve
this problem.
Mr. Gonzalez: Mayor, when you're speaking of conflict. This Is a part that,
you know. If you explain It to me - and I don't want to sound arrogant or
Inflexible...
Mayor Suarez: Well, that's a good point. Are you Implying that maybe there
Is no conflict In having both functions the same...
Mr. Gonzalez: I have no objection to that. 1 never said...
Mayor Suarez: OK, good question. What Is the problem having then at the same
time? Mr. City Manager?
Mrs. Kennedy: The problem, I think, that we don't have enough police.
Mr. Odlo: Yes, sir?
Mayor Suarez: What Is the problem In having then at the same time?
Mr. Odio: No, well, i mean, there Is a logistical... For the first, you need
200 police officers that wlII be tied up just on these two events. You're
going to have...
117
Mr. Plummer: And Grand Prix requires the same amount. Where are you going to
get 400 police officers frcm7
Mr. Gonzalez: Well, we have Metro and we have Highway Patrol.
Mr. Odlo: No. no, no. Metro police don't work In the City of Miami jf
Mayor Suarez: Wait, wait, wait. I haven't heard yet the answer that I'm
looking for, If there Is an answer.
Mr. Odlo: But let me say candidly what I think. We are working very hard to
being people to Miami, and I hope that's your intention,
and to have the
biggest two events that we have In the year, In the same weekend doesn't make
sense.
Mr. Plummer: it's crazy.
Mr. Gonza I ez: I agree w I th you, but, why do you cane I nto our dates I f we
asked for it first?
Mr. Odlo: Well, look, we went over that. Let's see If we can find Mr.
Sanchez and see If we can find a solution.
Mr. Gonzalez: I understand. That's what I want, but, you know, you keep
saying that we are creating a conflict, and it's the other way around.
Mr. Odio: I didn't say that. Did I say that?
Mayor Suarez: Well, we don't know who created It.
Mrs. Kennedy: It's really NBC's problem. They're the ones who started It
all.
Mr. PlLrrmer: Who?
Mrs. Kennedy: NBC.
Mr. Gonzalez: well, we can't let NBC run, you know, the schedule over here.
Mr. Odlo: We're missing the boat on what the purpose of the events are, OK?
Mr. Gonzalez: Exactly. That's true, and that's our Intention. I mean, we've
been working at this for nine years.
Mr. Odio: And we are rehashing the same things. Let leave It alone and see
If we can resolve It. I I I f I nd Mr. Sanchez I n New York and see I f we can
solve this problem. That's what they Instructed me to do.
Mr. Gonzalez: When do you think you Will have an answer?
Mr. Odlo: When I find Mr. Sanchez In New York. I hope I can find him
tomorrow.
Mr. Dawkins: What's the motion?
Mayor Suarez: The mot I on Is to allow the City Manager to go ahead and proceed
to the closing of the streets on the dates reclu"ted, subject to resolving.the
potential conflict with Grand Prix.
Mr. Dawkins: Has It been seconded? It's been moved and seconded.
Mr. Dawkins: I call the question.
Mayor Suarez: Any further discussion? Call the roll.
s',..
The following resolution was Introduced by Carmissloner Plumper. who
moved Its adoption:
RESOLUTION NO. 86-774
A RESOLUTION CONCERNING CARNAVAL MIAMI PASEO TO TAKE PLACE
MARCH 8, 1987, AND THE 8-K RUN AND CALLE OCHO OPEN MOUSE
FESTIVAL TO TAKE PLACE MARCH 13 AND 15, 1987 RESPECTIVELY,
To BE OONI=TED BY THE KIWANIS CLUB OF LITTLE HAVANA,
AUTHORIZING THE CLOSURE OF DESIGNATED STREETS TO THROUGH
VEHICULAR TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN
MALL SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS
OF POLICE AND FIRE. RESCUE AND INSPECTION SERVICES AND
ASSLRANCES THAT THE CITY WILL BE INSURED AGAINST ANY
POTENTIAL LIABILITY; ESTABLISHING AN AREA PROHIBITED TO
RETAIL PEDDLERS DURING THE PERIOD OF SAID EVENTS;
AUTHORIZING THE SALE OF BEER AND WINE IN CONNECT 1 ON WITH
SAID EVENTS, SUBJECT TO THE ISSUANCE OF ALL STATE PERMITS;
FURTHER RELAXING THE LIMITATIONS ON THE DISPLAY OF
FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DISPLAYS
UNT 1 L 11 : 30 P.M. FOR CARNAVAL N I CHIT AT THE ORANGE BOWL
STAID ILM ON MARCH 7. 1987, AND IN THE VIZCAYA AREA FOR A
SPONSORS' PARTY ON MARCH 14, 1987; CONDITIONED UPON THE
ORGANIZERS PAYING FOR ALL COSTS OF CITY SERVICES
ASSOCIATED WITH SAID EVENT AND UPON THE FURTHER CONDITION
THAT THE DATES OF THE HEREIN EVENT SHALL BE SUBJECT TO THE
APPROVAL OF THE CITY MANAGER AFTER HIS CONSULTATION WITH
THE PROMOTER OF THE MIAMI GRAD PRIX.
(Here follows body of resolution, omitted here
and on file In the Office of the City Clerk.)
Upon being seconded by Carmissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Carmissloner J. L. Plumper, Jr.
Ccmissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
LADES: None.
ABSENT: Ca missloner Joe Carollo
Mayor Suarez: I would have given the City Manager full authority to negotiate
this and let him figure it out, even if there is a conflict, but that's ... we
may have to have ... you may have to cane back to us.
Mrs. Kennedy: With the understanding, Mr. Mayor, that If It cannot be
resolved...
Mr. Dawkins: Yeah, but you see. I agree with the City...
Mrs. Kennedy: Excuse me.
Mr. Dawkins: Go ahead, I'm sorry.
Mrs. Kennedy: I'm sorry. That If It cannot be resolved, we'll call a special
Carmission meeting and try to work It out with you.
Mr. Dawkins: On Tuesday or Wednesday. See. but. the reason I said, Mr.
Mayor, don't drop It In the Manager's lap - you know, the Manager shouldn't be
the worst Cuban In Little Havana because the Kiwanis didn't get their date._
It should be the Comnissloners'.
Mayor Suarez: He's already been determined to be the worst Cuban in Little
Havana. but that's...
Mr. Dawkins: All right, OK.
(Laughter)
t18 September 25, low
Mr. Odlo: Now. wait a minute. I object to that.
Mr. PlLirmer: Yes. that Is Incorrect. He's the worst Cuban In all of the
City.
Mr. Dawkins: We will call a special ... But If It's not resolved, let's call a v
special meeting Tuesday morning. Tuesday morning we cone in here, and let's -
settle It.
Mayor Suarez: The fact of the number of years running the event, to me Is a
big factor If It should ever bed a conflict. let me tell you, and I think
that you're way ahead of the Grand Prix on that one.
Mr. Gonzalez: Thank you very much, sir.
40. OONT I HUED D I SC LISS I ON AND DEFERRAL OF PROPOSED ASS I G I,JMNT OF LEASE BETWEEN
THE CITY AND JERRY'S INC TO TERREMA+RK OF DINCR KEY, INN. TO THE MEETING
OF OCTOBER 23, 1986.
Mayor Suarez: Planning and Zoning Item 10. See if we can get through these
and get to the...
Mr. Odlo: What about the public hearing on the budget at 5:057
Mayor Suarez: Well, we're going to have to get to that whenever we can.
Let's see If we can go through the Planning and Zoning Agenda.
Mr. Odio: I would like to have Item No. 10...
Mayor Suarez: Please, please, please. This Is a "TGIT" - Thank God. It's
Thursday, you can see.
Mr. Sergio Rodriguez: Mr. Mayor.
Mayor Suarez: You Klwanlans, please - have your fun outside.
Mrs. Kennedy: Excuse me. Could I have a representative of the Little Kiwanis
answer me something? When are you going to accept women?
(Laughter)
Mrs. Kennedy: Do you want my vote?
Mr. Dawkins: Cane back! Leslie Pant ln! Les IIe Pant ln, we need you. Leslie
Pantln, we need him!
Mrs. Kennedy: Remember Fred Tasker and the Orange Bowl Committee?
Mayor Suarez: You notice how they all turn around. Planning and Zoning Item
10. Sergio. Noncontroversial, I hope.
Mr. Rodriguez: I would like to have this Item continued to...
Mayor Suarez: Please, quiet. Not you.
Mr. Rodriguez: i would like to have this Item continued to October 23rd.
Mr. P 1 umer : So moved.
Mayor Suarez: So moved. Do we have a second?
11711111
Mayor Suarez:
roll.
Seconded. Any further discussion?
120
Thereupon the City Ccrmisslon, on motion made by Commissioner Plummer,
Seconded by ommissioner Dawkins, passed and adopted the preceding motion by
the following vote:
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rolsarlo Kennedy
Vice►yor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: NDne.
ABSENT: Cam issioner Joe Carollo
41. (A) FIRST READ I PG ORDINANCE: AMEND M i AM I COMPREi ENiS 1 VE NE 1 GI.6ORK= PLAN
1976-1986 BY CKQ GIWa DESIGNATION OF PROPERTY LOCATED AT 3427-3523 SW
22ND TERR . (B) CONT I NJE ORD I NAME PZ-11 B UNTIL CCNM I SS I ON TAKE lP AGENDA
ITEM 10 (ABOVE).
Mayor Suarez: PZ-11.
Mr. Guillermo Olmedillo: PZ-11 and PZ-12 are ca, anion itens, sir.
Mayor Suarez: Good. We'll take care of both of them.
Mr. Olmedillo: The, ah...
Mayor Suarez: Please, quiet.
Mr. 0ImedIIIo: PZ-11 Is a plan amendment and PZ-12 Is a zoning change. These
lots are to be developed In conjunction with six lots which front on Coral
Way. The concerns of the Planning Department are the Intrusion into the
residential area to the south of I t ; the fact that the lots, the camlerc i a l
lots, are not deep enough; but when you out the seven lots that are fronted on
22nd Terrace, plus the six lots which are fronted on Coral Way, there Is
enough that the proposed mass of the building by the applicant and the traffic
generation by the development proposed. The recommendation of the Planning
Department is that the zoning line, and this Is very Important, the zoning
line, if you consider to grant the request to the applicant, is that the
zoning Iine does not go to the middle of the street, because this creates a
great development pressure on the properties to the south of It, which Is "a
residential area. We recognize the fact that 150, 160 feet in depth, for sane
lots, It's not enough to have a meaningful development. Consider that this is
310 feet, we can live with 250 feet and leave a buffer zone, which Is not to
be crossed by traffic Into the residential area with a landscape buffer to
separate the residential area from the oomnerclal area, and that will give
them plenty of room to have a meaningful development on the site. So the
recommendation....
Mayor Suarez: You said Planning and Zoning Items 11 and 12 were oompanion
Items. They're related Item, not oompanIon Items.
Mr. Olmedillo: Yes, related Items, yes, sir.
Mayor Suarez: is there any... let me ask, let me Interrupt you. Is there
anyone here who wishes to be heard against Planning and Zoning Items 11 or 12?
Is that the only person that Is here? Are you going to be opposing?
Mayor Suarez: We're not sure either, all right.
Mr. O firmed i i 10 : To give you an Idea. the drawing on the overhead pro jertor
shows you In the dotted area Is what the Planning Department ... the mass Hof
the bu 1 i d i ng that the Planning Department wou I d be recarmanding for. And In
the other case. which is the cross hatched area,, Is the mass of building which
Is Tapp i i end for by the app l i cant .
'3=
121
SeptentW 25, 1
Mr. Olmedillo: What Is very Important to us, sir, Is that....
Mayor Suarez: You got to know a lot of geometry to figure that one out.
Mr. Olmedillo: ....is the zoning line, the position of the zoning line. If
the zoning line goes to the middle of the street, then we have growth
pressures to the southern portion of it, which Is a very residential area now.
If we can keep it so that we can provide a buffer, we can reduce the size of
the building, we can have a buffer, we can have a separation between the
commercial and the residential districts.
Mayor Suarez: 1 have no Idea what the sketch Is supposed to Illustrate, but
anyhow.
Mr. Olmedillo: If the application Is approved as requested, you have a mass
of a building which covers approximately that area. That being Coral Way,
that being 22nd Terrace.
Mayor Suarez: Is that a graphic Illustration In two dimensions of F.A.R.? Is
that what you're trying to show there? Wow!
Mr. Olmedillo: Yes, sir.
Mayor Suarez: First time ever for me.
Mr. Olmedillo: And If we have what the Planning Department is recommending,
you would have what Is shaded In the dotted area, which Is this triangle,
which has a I I ght plane from the back and not as we have It In here, which
does not have any light planes.
Mayor Suarez: Try another sketch to maybe illustrate this better, Guillermo,
or some other approach. I don't think that one is going to clarify anything.
Mr. 0ImedIIIo: The application calls for the rezoning of the whole property.
Mayor Suarez: The second parcel behind Coral Way on the....
Mr. Olmedillo:
Mayor Suarez:
22nd Terrace.
No. which side of Coral Way? North or south?
Mr. Olmedillo: South.
Mayor Suarez: On the south side, keeping in mind that the north side has to
the same depth or greater depth already has the zoning which they are
requesting.
Mr. Olmedillo: They have for the first hundred and fifty feet, they have the
zoning.
Mayor Suarez: So if you go down on Coral Way on one side you see exactly what
they are requesting to have on the other side.
Mr. Olmedillo: Right.
Mayor Suarez: And you are opposing.
Mr. Olmedillo: Yes, sir.
Mayor Suarez: Because you are concerned more with the other side of Coral
Way?
Mr. Olmedillo: With the residential site which Is south of there.
Mayor Suarez: And because on the other side of 22nd Terrace, as you were
explaining or Sergio was explaining yesterday. you were going to face, as you
drive out of your house, you were going to face a wall of development of some
sort, corm ercial development.
Mr. Olmedillo: Yes, sir.
sl
Mayor Suarez: And you had a proposal that you made to the applicant to try to
solve this and leave SOM more esthetically pleasing situation for the people
on 22nd Terrace, as they pull out of their driveways?
Mr. Olmedlllo: Certainly, reducing...,
Mayor Suarez: And that was not accepted.
Mr. Olmedllio: Reducing the size by not having the zoning
go to the middle of the street, but go to minus 50 feet.
Mayor Suarez: You wanted to reduce 50 feet.
Mr. Olmedillo: Right.
Mayor Suarez: You even went to 20 feet at one point.
district line to
Mr. Plummer: Why 50 feet? That's not necessary. All you need to... what
you're trying to accomplish Is to keep a transition.
Mr. OlmedlIlo: We're talking about zoning district line this time.
Mr. Plummer: 1 understand what you're talking about. I've been around here
longer than you.
Mr. OlmediIlo: I know that, sir. The mass of the building Is contained to
certain limitations because you reduced the F.A.R. because you don't go to the
middle of the street, therefore, you don't take the permitted open space in
front of you.
Mr. Plummer: But, O.K., but here's the problem. I would agree with you if 1
saw that the of the building right in front of me, which we
don't have. Now, 1 have no problem with any of that. footage being used as
presently what Is for parking. If we don't rezone It, then they're going to
have to cane back In for a variance.
Mr. Olmediiio: They already have a conditional use variance for parking in
the back on those particular lots which we're talking about.
Mr. Plumper: Why Isn't 20 feet adequate? The buffer zone that we're
dananding to be landscaped, why Isn't It adequate?
Mr. Olmedillo: We're talking not only of the buffer, but of a zoning line
district.
Mr. Plumter: I'm talking about from the building line. I'm not talking about
the street.
Mr. Olmedlllo: Right, the 20 feet of buffer Is adequate to us If the zoning
Line coincides with that 20 feet buffer; not If the zoning line coincides with
the middle of the street.
Mr. Plumper: Wei I, fran what I see here, and I'm not holding this photo, it
looks IIke to we that fran the sidewalk to the red line there is approximately
20 feet. Is that correct? O.K.. and your area of concern is that 20 feset'so
that they cannot jump over and use a transitional, use.
Mr. Olmedillo: Right,
Mr. PlLrmier: Doesn't that red line accomplish what you need?
Mr. OlmedIIIo: Yes, sir, this red line will accomplish exactly what we'need
if this Is the zoning line.
Mr. P I Lrm*r : But haven't they agreed to that?
Mr. Olmedillo: No. they have proposd for the zoning line to go to the middles
of the street. They want the zoning line. not there, but here,
Mr. P 1 u r : Oh. I me.
sit ! 123 September 26, 1986
Mrs. Dougherty: That's because they can have more square footage.
Mr. Plummer: Yes, I understand.
Mayor Suarez: Let ' s hear f rcrn the app l i cant so....
Mr. Tony O'Donnell: Mr. Mayor, members of the Ccnmisslon, for the record, my
name Is Tony O'Donnell, with law offices at 1401 Brickell Avenue. I'm here
with Robert Traurlg representing the principal applicant In this matter,
Carlos Salman, and Tony Jimenez Is our architect. This application is a
companion application to one you'll be addressing In a few moments down the
street that AI Cardenas is representing, Kaufman and Roberts, but I would
I 1 ke, I f I cou I d to take po I nt by po I nt , the I slues that were ra I sed by the
Planning Department, so that you understand that we are In complete agreement
with the Planning Department In all but one Issue, and I think I can
demonstrate to you that disagreemnt is not a significant one. First of all,
we agree with the Planning Department that extending this zone IIne frCFn the
center of the block al the way back to 22nd Terrace may result or would
result In too much F.A.R. for the entire property. So what we have done In
our covenant Is we have a covenant that notwithstanding the fact that our
property from Coral Way to 22nd Terrace would have an F.A.R. of 1.72. We
would reduce the frontage property which now has 1.72 to a 1.5 and apply 1,5
to the back as well. That's a reduction In the F.A.R. that normally would
occur here. The second point is they were concerned about vehicular access to
and from 22nd Terrace. We agreed In our covenant that there would be
absolutely no vehicular access to and from our property into 22nd Terrace.
They also ask that a landscape buffer be Imposed of at least 20 feet In depth.
In our covenant we have Imposed a landscape buffer that goes along this red
line exactly as they requested. In addition to that they wanted the mass of
the building set back from the area.
Mayor Suarez: How deep Is the buffer?
Mr. O'Donnell: This is a 20 foot buffer for landscaping, but your Honor, in
addition to that, we have made another 30 feet for a full 50 feet of no
structure higher than'two stories, which Is allowed there now. So for the
first 50 feet of our property, there wou I d be no structure higher than two
stories. You can see the transition here In our model site plan for this
development, with the 20 foot landscape buffer and then a building no higher
than 35 feet before we go to the higher....
Mayor Suarez: That's built In to the covenant?
Mr. O'Donnell: Yes, It Is. And that Is In your....
Mayor Suarez: As to the first 50 feet on the other side of 22nd Terrace?
Mr. O'Donnell: All the way to this blue line there will be nothing higher
than two stories and you already have right next to us a residence which could
be higher.
Mr. Plummer: Do we have the covenant?
1 NAUD I BLE BACKGIROL M OCK ENTS NDT ENTERED INTO THE PI.BL I C RECORD.
Mr. O' Donne 1 1 : No, that is not accurate. It Is In your package and it was
submitted to the Planning and Zoning Board the same covenant that I
resubmitted to the Planning Department yesterday to make sure they hadn't lost
It. It Is In your packet eleven.
i
i
-� Mr. Plumber: O.K., I'll find It.
-i
1 Mr. O'Donnell: And I've reviewed It with the City Attorney's office as well.
Let me go....
Mayor Suarez: Tony, because you never know what Is going to happen in terms
of opposition. Are you going to be speaking against this application, now
i that you've heard same of It?
E UNIDENTIFIED SPEAKER: I'd like to know, are they going to make It all around
there residential or the building Just gonna be facing the wall?
i
f.
>�1 124 September 25, 1886
i
Mr. O'Donnell: 1 was trying to respond to what the duplexes across the street
would be facing.
Mayor Suarez: That's what the question was.
Mr. O'Donnell: It would be a substantial landscape buffer of a minimum of 20
feet, and an additional 30 feet of set back In which no building higher than
two stories or 35 feet, which is allowed now on that property, would be set
back.
Mayor Suarez: That's two pretty large stories there at 35 feet, but that's
O.K.
Mr. O'Donnell: Well, a pitched roof gives you the 35 in a two story level.
Let me, If 1 could, explain why we believe our alternative Is better to the
current situation. Although the zoning along 22nd Terrace Is residential, 1
think you can see from this photograph that the use Is not residential. It
Is ancillary to the office and commercial uses along Coral Way. We believe It
Is a bad solution. Let me show you why. This Is an example of what you can
do and what you do In Coral Way at the present time, with a massive eight
story building on Coral Way set back ten feet. In our proposal and then the
open air parking garage, open air parking area behind It. In our proposal
what we're attempting to do Is have all underground parking, to have the
building set back 30 feet fram Coral Way, so that you don't have the
crowding along Coral Way. We believe that Is a consideration in design that
with this type of zoning and our type of covenant, we'd be able to accomplish
on this property. So In reality the alternative which the Planning Department
Is recamnendIng Is to replicate what you see here, is to replicate that. If
they bring the zoning line In here, the result is going to be a building, a
massive building on Coral Way, which should be set back further, and it's
going to be open air, surface parking In the rear, rather than giving us the
opportunity to have a reduced F.A.R., to have a better designed building, and
one that really protects the residential area on 22nd Terrace more than what
you see on the forefront of this particular picture. So we believe for all
those reasons that what we are proposing Is a better situation for the types
of cannercial and office uses that are occurring and are going to continue to
occur along this area. So we think that the Planning Department agrees with
us. except that their solution will repeat score of the problems that already
exist there. Mr. Traurig.
Ms. Virginia Prementis: Excuse me, my name is Virginia Prementis. I'd like
to know is that going to be part of commercial street or the whole street?
Mayor Suarez: Give us your address, please.
Ms. PrementIs: 2251 56th, the duplex the corner. Is that going to be all
commercial 22nd?
Mayor Suarez: On what street?
Ms. PrementIs: 34th Avenue and 22nd Terrace. Is that going to be all
comerc l a l or Just part camerc l a l ? And another prob l en we have there, It's
too much traffic. We only have one stop sign. We have a lot of accidents
over there. Either you have to put a IIght there If It's going to be
cemnerclal or put a four-way stop sign. It has to be done something.
Mayor Suarez: Do you want to try to answer?
Mr. Robert H. Traurig: Yes, for the record. my name is Robert H. Traurig.
I'm an attorney and I'm partners with Mr. O'Donnell, ma'am. kty address is
1401 BrIeke II Avenue. When you call our attention to the fact that 22nd
Terrace has a lot of traffic. you remind us that we wlII not Impact that
traffic because we're not going to have entrances and exits from 22nd Terrace
Into or out fray+ our property. All of the access will be along Coral Way. So
therefore, we will not create traffic for 22nd Terrace. We will, In fact, be
relieving it because any other kind of building that would have been on the
north side of 22nd Terrance would be creating traffic. As a ratter of fact, in
the presentation, a number of things have a I ready emerged. I er one, we're
not ask I ng for the full deve l =nt rights, which that zon I ng classification
wou I d germ i t us. Mr. O'Donnell I meld i cated that the floor -area -ratio wou I d
normally be 1.72 and that we're asking for a 1.5 floor -area -ratio, because
we're not seeking the full development rights. We're wing the opportunity
511 12526, 1 V80
to create a development complex which would be oriented toward Coral Way, but
we would IIke the opportunity to go all the way back to 22nd Terrace. Mr.
Carollo, when the W.A.B.A. zoning application was heard, at about 28th Avenue
and 22nd Terrace, was very explicit. I think It was the sense of this
Commisslon that Coral Way to 22nd Terrace Is an Ideal location for new
businesses and now office buildings and new ocwmmerclal complexes. And to
arbitrarily break It In the middle of the block would not really be In the
best Interest of the City. The City Ccrmmisslon unanimously approved that
W.O.B.A. building and unanimously approved the building between 26th and 27th,
between Coral Way and 22nd Terrace, and the whole theory was that we ought to
encourage the eammerclallzatlon back to 22nd Terrace because the Coral Way
frontage Is Inadequate to provide good buildings. Now as a matter of fact, I
think that this Commission directed the Planning Department to undertake a
study to accomplish exactly that, but that study hasn't yet been done. i
understand that many studies, you know, are undertaken, and the Planning
Department I'm sure will do some further studying of the Impacts of creating
that zone all the way from Coral Way to 22nd Terrace, but the truth of the
matter Is that this community will benefit by having that larger mass of land
on which to place the commercial buildings Instead of concentrating large
buildings In small areas lust on the north side of the block.
Mr. Carollo: Bob, excuse we for a minute, let me interrupt you. How many
stories are we talking about?
Mr. Traurig: We have a total of seven stories. Gerardo Salman, the
architect, can describe the building If you want more detail.
Mr. Carollo: Is It a total of seven stories?
Mr. Traurig: A total of seven stories, but In the back we only have two
stories.
Mr. Carollo: Right, now you're not counting the below level garage as a
story?
Mr. Traurig: No, that Is not a story.
Mr. Carollo: The building that you have there now on the corner across from
the old Grand Union, that IS what, eight stories?
Mr. Traurig: I believe so, Sir.
Mr. Carollo: And the one on Coral Way and 34 Avenue, Madison, how many
stories IS that? IS that about 12?
Mr. Traurig:
Twelve stories.
1i±
Mr. Carollo:
So as far as the height goes, It's definitely reasonable from
what I've seen cci, ared to sane of the other buildings that we have already.
Mr. Traurig:
it's consistent with the heights on Coral Way. It's a lower
F.A.R. It's
Increased landscaping. it's underground parking, and we believe
that since there Is no access to our property off 22nd Terrace, It's an ideal
design solution.
We urge you to approve this In accordance with the Zoning
Board's reocmnendation to you.
Mrs. Kennedy:
Bob, Is there a proffer that you will voluntarily give us a
heavily landscape buffer?
Mr. Traurig:
Yes. ma'am, we have done that.
Mrs. Kennedy:
O.K., because I was out of the room for same time.
Mr. Pltmmer:
Is this building to be totally nonresidential?
Mr. Traurig:
Yes, sir.
Mr. Carollo:
I'm ready to make a motion to approve It.
Mrs. Kennedy:
Is that your motion?
s 1
126 September 16, 11►88
Mayor Suarez: Is there anyone else who wishes to be... let me Just make sure,
Catmissloner... Is there anyone else that wishes to be heard against Planning
and Zoning Item 117
UV I DENT I F I EC SPEAKER: Let me ask one west I on .
Mayor Suarez: Yes, you've asked some. but go ahead.
UV I DENT I F I ED SPEAKER: At 22nd Ter race, I s I t go I ng to be a I I oamerc 1 a i or
part canmerc l a l ?
Mayor Suarez: Let's see, the north side of 22nd Terrace, If this Is approved,
becomes canmercial as to the lots In question. Then, that tends to spread.
UNIDENTIFIED SPEAKER: O.K., then, but if It's going to be Just one side
carmerclal and my side Just residential, I think It's going to ruin my
property. If It's going be, let It be the whole thing residential.
Mr: Carollo: 1 won't doubt It If eventually....
UNIDENTIFIED SPEAKER: That's the northwest side on 34th Avenue, the corner
duplex.
Mr. Traurlg: There Is such an upgrading of the neighborhood by getting rid of
those substandard parking areas which are really serving canmercIaI purposes,
and this Is such an aesthetic Improvement that we believe that you will
recognize the value to the City.
Mr. Carollo: Not only that, that particular lot, I know what they're talking
about, because 1 lived about seven years as a teenager around In that
neighborhood. My parents still live there within about a block and a half or
a block away. That particular lot that you're talking about has been empty
for about at least ten years that I can think of, maybe more. The City of
Miami Is not gaining any additional tax revenues by that and all that you have
I hll if w will Coordinate res nsible rowth in that
are b g eyesores, VW e as a po g
area, I think It's going to help this City attract a lot more business caning
to us, Instead of going down the street about two or three blocks into
downtown Coral Gables. I think you're going to find that a lot of the
International businesses, banks, and so on are going to be caning into this
sector of Coral Way, that I think they will find a lot more Convenient than
going down the street a couple of blocks Into downtown Coral Gables where it's
going to be much more expensive for them. Any further discussion?
Mayor Suarez: Does anyone else wish to be heard on this? Yes, Canmissioner.
Mr. Plumper: Mr. Mayor, I've got the same problem once again. You know, it's
going to what Miller Dawkins said this morning. This Covenant has in It that
same provision about severab I I I ty. You know, we're traveling on good faith
that they're standing here and they're going to do what they say, yet this
volunteered covenant, If a court throws out parts of It, It's still In effect
and they still got their zoning, and what we pranised to have.
Mrs. Dougherty: The covenant doesn't have anything to do with zoning.
Please, let us explain It to you. We'll oame back to you before the next....
Mr. Pluviner: A.K., I'm telling you More you Came back, Bob, on the Second
reading, you're going to have to do sanethIng with the severabIIIty Clause,
because i Just... It makes It nonbinding.
Mr. Traurig: We'll talk with the City Attorney's office. We have used that
clause for years and If It's not acceptable to the Commission, we will change
the clause so that it will carport of your understanding of the City's needs.
Mr. Plug : O.K., second reading you're going to have to do something. `
Mayor Suarez: We have a motion and a second. Any further discussion?
Mr. Plurvmer: What are you and your clients doing on behalf of the City?
Mr. Traurlg: We'll build a nice, beautiful building that will create....
al 127 September 25 j t $S$ �
Mr. Plummer: 1 understand that, but what else are you going to do for the
City?
Mr. Traurlg: I think that is a subject we should discuss between now and the
second reading.
Mr. Plummer: That is very smart. Also, for the record, Madam City Clerk,
am tying the site plan to the application as presented to us.
Mr. Walter Pierce: Mr. Plummer, they will have to modify the covenant then to
make that so.
Mr. Plumper: include It in the covenant that the site plan, as surrendered is
that which Is tied to the application.
Mr. Traurlg: Yes, we'll develop substantially In aocordance with that.
Mr. Carollo: Bob, the closest of the Clty's parks to that property is Douglas
Park. So you might want to drive by there and maybe get motivated to see what
they might need there.
Mr. Traurlg: I'm sure that Mr. Salman would like to make that kind of a
con, Itment to the City, that he will make an adequate contribution to nearby
parks.
Mr. Carollo: Unless you go to another park, that maybe is just as far away,
that Is Coral Way Park. That's another one that you might like even more; I
don't know.
Mr. Traurlg:
Thank you for the advice.
!4.
Mayor Suarez: Call the roll.
Mrs. Dougherty: Mr. Mayor, we have two ordinances. One ordinance, "A°, I'll
read. The second ordinance, "B", you need to continue until you take up Item r
number 10 at a later meeting. THE CITY ATTORNEY READS THE ORDINANCE BY TITLE tz
ONLY. That's 11-A.
�3
.ti
Mr. Plummer: I don't have an 11-B.
Mrs. Dougherty: Yes, you do.
Mr. P 1 Lmner
No, 1 don't.
Mrs. Dougherty: Yes, you do.
Mayor Suarez:
Mrs. Kennedy:
Mayor Suarez:
Mrs., Kennedy:
Mr. Plummer:
AN ORDINANCE ENTITLED -
AN ORDIWICE N&NDING THE MIAMI OCIAPREHENSIVE
NE I PLAN 1976-1986 FOR PROPERTY LOCATED AT
_
APPROXIMATELY 3427-3523 SOU WEST 22ND TERRACE BY
CHAM I M THE DES I GNAT 1 ON OF THE SUBJECT PROPERTY FRCM
LOW. RATE DENSITY RESIDENTIAL TO RESTRICTED
1:
OC7VNERCIAL: MAKING FINDINGS; AND, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was Introduced by Cam I ss I oner Caro IIo and seconded by Ccmnissioner
Kennedy and was passed on Its first reading by title by the following vote -
AYES: CamnIssIoner Joe Caro IIo
Ccmnissioner J. L. Plummer, Jr.
OmmIssIover Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
LADES: None.
ABSENT: None.
The City Attorney read the ordinance Into the public record and
announced that copies were available to the members of the City Cm mission and
to the public.
42. (A) FIRST READIM ORDINANCE: ZONING ATLAS AMENOVENT AT APPROXIMATELY
3427-3523 S.W. 22 TERRACE FRCM RG-1/3 TO CR-2/7. (B) ORDINANCE ON 11 (B)
WILL BE CONTINUED UNTIL THE CCMVIISSION TAKE UP ITEM 10 (ABOVE)
Mayor Suarez: Planning and Zoning item 12, substantially the same
presentation, but related to lots... exactly where? Guillermo, can you point
them out on the same....
Mr. Plumper: Kaufman and Roberts is down....
Mrs. Dougherty: No.
Mayor Suarez: ....overhead there.
Mrs. Dougherty: Item number 12 is exactly the same. It's text amendments. l
mean the map amendments to this ordinance.
Mr. 01medIIIo: Item 11 was ccmprehensIve plan amendment.
Mayor Suarez: Why does It apply to both If It is a slightly different
-
geographical area?
Mr. Olmedlllo: No, no.
Mrs. Dougherty: It's the same.
Mr. Olmedillo: Items 11 and 12 are plan amendments for 11 for these sites,
the ones in yellow there. Iton 12 Is the zoning change.
Mayor Suarez: I see. they were companion Items and related besides.
Mr. PIL mmr: So we passed 11 and kill 12. Is that what It is?
Mrs. Clougherty: No. we are passing number 12 as well.
Mayor Suarez: The plan amendment Is 12, right?
Mr. 01mediIIo: 11 1s plan amenc{tnent; 12 1s the zoning change.
Mr. Plumper: Kill 11 and we don't have to worry about 12.
All -128 Sept ilir :; . ; 1104V
1.
Mayor Suarez: 12 Is the zoning change.
Mr. Pierce: The covenant Is on 12.
Mayor Suarez: 12 is the change of zoning and 11 Is a plan amendment?
Mr. P 1 tsar : The covenant Is on 12.
Mr. Perez-Lugones: Right.
Mr. Pierce: Right.
Mr. Plunner: And tying this site plan to the application has to be part Of
the covenant before second reading.
Mr. Olmedlllo: Yes, sir.
Mr. Plummer: Did anybody move It? I'll move It, if nobody else did.
Mayor Suarez: So moved.
Mr. P I tuner : Move.
Mr. Carollo: Second.
Mayor Suarez: Seconded.
Mrs. Dougherty: CITY ATTORNEY READS THE ORDINANCE BY TITLE ONLY. For the
record, ordinance number 11-B will be heard at the same time as ordinance PZ-
10.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORD I NWNICE AMEND I NG THE ZON I NI(3 ATLAS OF ORD I NANCE
NC). 9500. THE ZONING ORD I N IAMM OF THE CITY OF M I AM I ,
FLORIDA, BY OiANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3427-3523 S.W. 22ND TERRACE, MIAMI,
FLORIDA, FROM RG 1/3 GENERAL RESIDENTIAL TO CR-3/7
CO'VNERC I AL-RES I DENT I AL BY MAK I NG F i ND I NGS ; AND BY
MAK I NG ALL THE NECESSARY CHANGES ON PAGE ND. 42 OF'
_ SAID ZONING ATLAS, MADE A PART OF ORDINANCE NO. 9500
'
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; OONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was Introduced by Ca missioner Plunner and seconded by Commissioner
Carollo and was passel on Its first reading by title by the following vote-
-
<.4
AYES: Commissioner Joe Carollo
-
Cormissloner J. L. Plummer, Jr,
s
Cmmissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins _
Mayor Xavier L. Suarez
r
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that 00DIes were available to the members Of the City Cc mm13S1on and
to -the Public.
Mltyor.Suarez: This Is another prime candidate, buy the way, Bob and Planning
staff. for linkage ordinances, beCaUse I can see what's going to happen to all
:
of Coral Way. anf I think the City shou I d be ab I e to Bet something more than
}
just whatever they proffer by looking at parks in the area or whatever. So
now we have BriCkelI wuthNest of 15th Road. We have Cora Way.` 'We have
Biscayne Boulevard.
Mr. P i urr : Third Avenue.
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130 Uptember 25., 1086:;'
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Mayor Suarez: Third Avenue- you guys keep telling me It's unconstitutional.
Mr. Traurlg: Thank you very much.
43. (A)FIRST READING ORDINANCE: AMEND TO COWREHENSIVE NEIGHBORHOOD PLAN AT
APPROXIMATELY 3591 S.W. 22 TERRACE BY CHANGING DESIGNATION FROM LOW
MODERATE DENSITY RESIDENTIAL TO RESTRICTED COM&RCIAL. (B) ORDINANCE FOR
AGENDA ITEM 13B IS CONT 1 NUED UNTIL THE COMMISSION HEARS ORDINANCE ITEM
PZ-10.
Mayor Suarez: Planning and Zoning Item 13.
Mr. Olmedlllo: Again, 13 and 14 are similar cases as to 11 and 12. One is a
plan amendment, that's 13. 14 will be the zoning change application.
Substantially, It's the same thing for the record. I'll repeat the same
concerns from the Planning Department. Traffic Intrusion Into the residential
neighborhood. Growth pressures frcm a ccmnercial district Into the
residential neighborhood, the size, the mass of the bullding generated by a
CR-3 zoning... It Is the corner lots Indicated as 17 and 18.
Mr. Plumper: The ones In blue?
Mr. Olmedlllo: The ones In yellow. So that you relate to the items that we
Just saw, the ones to the right will be the items 11 and 12; these are 13 and
14. As I said, we have the same concerns.
Mr. Plummer: Have they proffered a covenant?
Mr. Olmedlllo: They did proffer a covenant.
Mrs. Kennedy: What was it?
Mr. Olmedlllo: To have no egress, ingress on 22nd Terrace, $10,000 of ='
landscaping on a 20 foot buffer on, a 25 foot buffer, excuse me, on the 22nd
Street.
Mr. Dawkins: May I ask a question? What monetary increase will this property
have after we have given the variances and etc. to the developer? How much;
will It enhance the value of It? s
Mayor Suarez: Have you made a calculation of that sort? That's exactly what
I'm interested in. §
Mr. Olmedillo: No, sir.
Mr. Dawkins: O.K., a two-story building would be worth what?
Mr. Olmedlllo: Think of It on these terms. What you have right now is a
residential site with a duplex on It. What you can have there would be a
ccrmlerclal bullding, which has up to 1.72 F.A.R. -
Mr. Dawkins: That's how many square feet?
Mr. OlmedlIlo: That would be about a 150 by about 100. That wlII be about
1,500, 2,500 square feet of construction.
Mr. Dawkins: 2,500 and the rental In that area Is how much per. square foot?
Since you don't seem to be able to tell me, we'll get to it.
Mayor Suarez: Can't be 2500.
Mr. Olmedillo: 25,000 square feet.
Mr. Dawkins: 25.000, and what Is the rental per square foot In that area?
UNIDENTIFIED SPEAKER: I have no Idea.
s f 131 September 25. 198f$
Mr. 0ImedII10: Could you provide us with figures for that?
Mr. Dawkins: I'll take $9.00 and $9.00 times what?
Mr. Olmedlllo: 25,000
Mr. Dawkins: GIve you how much?
"
Mayor Suarez: $200,000 a year.
Mayor Suarez: So now we're going from the rent on a duplex to $200,000 a
year, and the City of Miami gets nothing but what? $10,000 worth of what?
Mr. Olmedillo: Landscaping.
Mr. Dawkins: It don't add up.
Mr. Planner: 1t better be awful pretty.
Mr. Olmedillo: Excuse me, It's not going to be....
Mr. Dawkins: It doesn't add up. Madam City Attorney....
Mr. Olmedillo: It's not part of the City property.
Mr. Pierce: The landscaping Is not part of the City property. That's on
their property.
Mr. Dawkins: Madan City Attorney. what can we legally do that when. I mean, I
don't even know, but when zoning matters like this cane before us, how can we
legally say we are enhancing the value of your property; therefore, for the
City Ccmnisslon allowing you to do this, you owe the citizens X number of
dollars In return and that money go into the General Fund. How can we do
that?
Mayor Suarez: Thank you for the question that I have been asking for I don't
know how long.
Mr. Plummer: I've been pushing it for five years!
Mr. Dawkins: I beg your pardon?
Mr. Plummer: I've been pushing that for five years and everybody keeps
telling me I'm Illegal.
Mr. Dawkins: All right, then let's do this then.
Mrs. Dougherty: Canmissioner.
Mr. Dawkins: Why don't we, as a CcmnIssIon, say that until the Zoning .
Attorney and the City Attorney sit down and work out sanething,_we will hear
no more Zoning cases.
Mr. Plummer: Why, I'd love that!
Mrs. Kennedy: Oh, boy!
Mr. Plummer: Love that!
Mr. Dawkins: I bet you get an answer then and In a hurry.
Mayor Suarez: We'd get It before the next zoning meeting, I bet you.
Mr. Dawkins: Madam, I'm waiting on you.
Mrs. Dougherty; Carmissloner Dawkins, the City has an obligation to.zone
property In a reasonable manner.
Mr. Dawk 1 ns : Yes, mkt ' am .
Mrs. Dougherty: That's not too say that If you denied this zoning, that
wouldn't have been a reasonable' thing to do.
61 132 September 26 -L
Mr. Dawkins: Yes, ma'am.
Mrs. Dougherty: But you are required to pass laws affecting property. You
are not permitted to exact money or monetary benefits for those laws, because
that Is what you are supposed to do.
Mr. Dawkins: D.K.
Mrs. Dougherty: Except for certain Instances, for example, if the zoning
creates an Impact on your sewers, water, services, that kind of thing; we can
create an Impact fee ordinance, which is what we're doing. You can also
charge for the cost of the administration, the permitting people, the folks
who have to review the applications. You also, of course, get the increased
value In the ad valorem taxes. So other than those methods of getting money
for zoning property, there's no other way to do it. Now the Mayor has asked
us to look Into some ordinances that he has found In Massachusetts, and we're
going to do so. We'll research It and bring it back to you.
Mr. Dawkins: I mean, I carrmend your client, because he Is adding a tax base
on which we can get more money, Al. But I Just get tired of sitting up here
passing zoning variances and you all... and we get a hundred black olive trees
and we get $10,000 worth of pretty trees and It Just doesn't add up to me.
Thank you, thanks, Al.
Mr. At Cardenas: Yes, sir.
Mr. Plummer: Well, here again, that doesn't preclude at any time a smart
lawyer from making a proffer realizing the inequity that exists.
Mayor Suarez: Which coincides at times with the application and so on.
Mr. Plummer: I didn't say that. You did.
Mayor Suarez: I'm sure It will In this case too. Go ahead.
Mr. Plummer: Well, there's two readings.
Mr. Cardenas: Thanks, thank you, Mr. Mayor, members Of the Commission, my
name Is Al Cardenas. I represent the applicant in these two Items, Kaufman
and Roberts. This is the... we like to fall under the theory of what's
good....
Mayor Suarez: At, under the theory that maybe if you have momentum going for
you, you shouldn't speak too long, let me Just check to see, is there anyone
objecting to the grant of the app I I cat I ons In Items PZ-13 and 14 that wishes
to be heard. The record reflect that no one has cane forward.
Mr. Carollo: I so move PZ-13.
Mr. PIunner: You move It?
Mayor Suarez: Move 13.
Mr. Dawkins: I second.
Mr. Plummer: You have, subject to the site plan being a part of the
application and the covenant.
Mr. Carollo: Absolutely.
Mr. Plumper: And subject to the severabllity clause and subject to sane very
serious thought on the behalf of the applicant.
Mayor Suarez: So moved with the provisos In question.
Mr. Carollo: The sure two parks that were near the other location are near
your place too.
Mr. Cardenas: That's right.
Mayor Suarez: Read the ordinance.
51 133
Mrs. Dougherty: Again. this Is ordinance number 13-A that we will be passing
and we'll be continuing 13-B until the same time as ordinance P2-10 Is heard.
Mr. Plummer: Let the record reflect that expediting this Item I In no way
precluding the public's right to speak at the second hearing.
Jg-
Mrs. Dougherty:
cottpan I on I tern.
CITY ATTORNEY READS ORDINANCE BY TITLE ONLY. Item 14 1s a
Mr. Carollo: So move 14.
Mayor Suarez: Walt. we haven't voted yet on 13 yet, have we?
Mrs. Kennedy: No, we have to.
Did you finish reading it. Madam City Attorney? Call the roll
Mayor Suarez:
on 13.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE MIAM1 ODWREHENSIVE
NEIGHBORHOOD PLAN 1976-1986 FOR PROPERTY LOCATED AT
APPROXIMATELY 3591 SOIJTFWEST 22ND TERRACE BY CRANK; I NG
THE DESIGNATION OF THE SUBJECT PROPERTY FROM LOW -
MODERATE DENSITY RESIDENTIAL TO RESTRICTED COMMERCIAL;
MAKING FINDIN3S. AND. OONTAINING A REPEALER PROVISION
AN ORDINANCE ENTITLED -
AN ORDINANCE (WENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA,. BY CRAM ING THE ZONING CLASSIFICATION OF
APPROXIMATELY 3591 S.W. 22ND TERRACE, MIAMI, FLORIDA,
FRCM RG:-1/3 GENERAL RESIDENTIAL TO CR-3/7 OCMMRCIAL-
RESIDENTIAL BY MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE ND. 42 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was Introduced by Cmmissloner Carollo and seconded by Ccmnissioner
Kennedy and was passed on Its first reading by title by the following vote -
AYES: Ocmmissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
O mmissloner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance Into the public record and
announced that copies were available to the members of the City Cam I ssIon and
to the public.
45. REFER BACK( TO PLANNING ADVISORY BOARD PROPOSED FIRST READING ORDINANCE
PROHIBITING HOUSEBOATS IN RS-1 AND RS-2 DISTRICTS; REQUEST
ADMINISTRATION TO STUDY ISSUE.
Mayor Suarez: Haw many people are here on Item PZ-15? Is that the one
related to houseboats? Raise your hands, please. Lots of people. Let me do
a hand count here. How many are In favor of the proposed ordinance that
prohibits houseboats? How many are against the proposed ordinance?
Mrs. Kennedy: How many want to speak on the issue?
Mr. Carollo: How many are not sure?
Mayor Suarez: Of those of you that are against the proposed ordinance, how
many of you have houseboats or are otherwise concerned about the river, as
opposed to Belle Meade Island or anything else? See, the thing is knowing
that most of the objections erne from people who have houseboats in the
river, and almost everyone at Belle Meade Island wants to have the ordinance,
as far as I know, except I guess one or two peop 1 e who have previously been
before us. I asked the City Attorney for an opinion as to why we couldn't have
drafted this ordinance so that It wouldn't affect the river and as typically
happens In these situations, I had first asked that question, I was told it
couldn't be done, but the City Attorney was more creative than....
Mr. Sergio Rodriguez: That's not so, sir.
Mayor Suarez: Anyhow, let me not characterize it. I now have an opinion from
the City Attorney- I'm not sure that the Planning Department agrees with 4t=
that says you can do It so that It wouldn't affect the river and only would
affect Belle Meade Island or neighborhoods like Belle Meade Island In the
City. is that fair characterization of the answer that you gave me to the
question. Madam City Attorney?
Mrs. Dougherty: Yes, It would require at this time thcjgh, to go back to the
Planning Advisory Lard. Let me ask you teething. Are the people who are
concerned on the M I am i River, are their properties zoned single f a m i l y?
Because It would not affect It if It wasn't zoned single family.
s N 135 September 25, 1986
y
Mr. Plunrr: Or I thought It was also R-2.
Mr. Rodriguez: RS-1 and RS-2.
Mr. Dawkins: Madan City Attorney, what does the U.S. Coast Guard say as to
who has the rights on navigational waters?
Mrs. Dougherty: Well, generally speaking on the navigational waters, the
Corps of Engineers have the right or the regulations on navigable waters.
Mr. Suarez: So now Can we, then, as the City of Miami, determine what Is
proper and Improper zoning In the water out there that belongs to the Coast
Guard.
Mrs. Dougherty: We also have Jurisdiction for uses along the water In our
zoning capacity. They regulate primarily....
Mr. Dawkins: I mean I'm asking for Information. In the event that those
Individuals out there who lose chose to go to court and take It to the Coast
Guard, and we rule one way and the U.S. Coast Guard rules another. What
ruling would take precedence over the other? Ours or the U.S. Coast Guard
because they have a responsibility over navigational waters?
Mrs. Dougherty: The U.S. Coast Guard doesn't regulate zoning uses to my
knowledge. In other words, they primarily deal with the regulation....
Mr. Dawkins: All right, we're In a river. It's nothing attached from the
land to the river, I mean, In the river. But yet, we- and I'm Just asking for
Question. because I don't know- we, as a body, are saying you cannot go out
there in that water from this land and do something. Wherein it would appear
to me that when you get to the river's edge, I mean, your... our jurisdiction -
In my opinion. I don't know- our jurisdiction stops and somebody's take over.
But you're telling me that zoning, we can say through our... because we are
the City of MIamI. that we can go out in the water and assume the right to
zone It. Is that right?
Mrs. Dougherty: In some Instances and this would be one of them, yes.
Mr. Dawkins: O.K., and you can defend that position in court.
Mrs. Dougherty: Yes.
Mr. Dawkins: No problem.
Mr. Plummer: I want one of the definitions, and I want It on the record
clear. Define a houseboat. I don't care who does it.
Mr. Rodriguez: O.K., 1 haven't been able to make my presentation, but If 1
may, at least, define a houseboat. As shown in the ordinance that Is before
you, a houseboat, a vessel, either for camercial purposes or private
pleasure, either minor under 16 feet In length or major, 16 feet and over In
length, with a boxlike superstructure supported In the water by either a
barge -like hull or flotation devices, squared off fore and aft, not suited for
rough water, self propelled or otherwise. which may or may not contain
facilities qualifying them as dwelling or lodging units In certain zoning
districts.
Mr. Plummer: What do you speak to as being self -propelled or not?
Mr. Rodriguez: In many cases, we have boats which are used as sleeping
Quarters and they are not self propelled, they are basically dock.
Mr. Plummer: O.K., what delineation difference do you make between a boat
that Is self-propelled and one that Is not?
Mr. Rodriguez: In relation to houseboats, that they're used for living
quarters. If they're self-propelled, or they're not....
Mr. Plumper:. If they have their own engine, then they're not a houseboat?
al 136 Septermber 25. 1966
Mr. Rodriguez: They would be a houseboat If they are used for living
quarters, and they are docked to one area In a single family area.
Mr. Plummer: Now, 1 own a heme on the water. And I own a self -propelled
houseboat, A drifter/cruller. If you're familiar with that. It's not one that
Is basIcaIIy stationary without a motor to move It. It takes a barge or tug
to move It. Are you telling me as this ordinance is proposed that If I own a
home and I also own a houseboat, that I cannot park it In my front yard even
though I don't live on it?
Mr. Rodriguez: Right, exactly.
Mr. Plumper: No. I can't buy that. Let me tell you what I can buy. I am
very much opposed, as I said before, to that same person owning a house on a
piece of property and using the houseboat to live on. That to me is wrong. I
an opposed to that In a single family residence. But I think where you are
not making a clear enough distinction Is on a self-propelled vehicle or not.
The unpropelled vehicle is no question; it Is only for the purposes of living
aboard. Most houseboats are used for the purposes that you can go out and
cam back every day. Now what I'm saying to you Is I tit very much opposed,
even If I own a p i ece of property and i have a house on I t , I am opposed to
having a houseboat docked up there and being able to live upon It; that's
wrong. O.K.? That's wrong. But I do think that as a property owner, If 1
have the enjoyment of waterfront property and I own a houseboat that 1 use to
take out every day Into the bay or whenever I want to, and no one lives aboard
It, I don't think It's right to deny me the right to tie up to my own property
as long as It Is not being used to Ilve aboard. So I think you have to cane
with a clearer delineation as to what Is a houseboat.
Mr. Rodriguez: Maybe If I can start with my presentation and go Item by item,
because I think it is Important that we establish a good record In this case,
since there Is going to be positions on both sides, we might be able to go
through all the possible... the process that we went through and why we did
It.
Mayor Suarez: Let me tell you stow I feel about It. 1 don't know haw the rest
of the Catmisslon feels about it. First of all, of the people who have
concerns about the river because of the houseboats on the river, do you have
residential zoning in your prope-ties? Can you raise up your hands If you
have residential? The City Attorrey was wondering if some of you didn't have
cam*ercIaI. In any event. I would make... I would entertain a motion to that
effect, send It back to the Planning Advisory Board with the proposal that we
prepare a different kind of an ordinance that only applies to Grove Park and
Belle Meade Island and not to the rive-. I mean, I know that you have doubts
as to If It discriminates In sane way, but the people In our City have
different perspectives depending on different parts of the City that they live
In. We ought to at least try that. That's the only fair thing that I see to
do right now. Otherwise we're going to be here God knows how long arguing
about this. If there is a viable way that solves their concerns on the river
and the concerns of Belie Meade Island and Grove Park, we ought to try .to
pursue that. City Attorney feels that would be a good idea, that's up to the
Cc mission.
Mr. Rodriguez: As we mentloned In our me= that we sent to you In February of
'86, we offered those three alternatives. The first one was to ban houseboats
as dwelling units within the City limits and we felt that shouldn't happen.
The second one was to ban houseboats as dwelling units within areas zoned for
residential use. In this case, what we did was....
Mayor Suarez: That's what you have here before us now.
Mr. Rodriguez: No. sir, in this case we're banning houseboats on single-
family residential areas, .trot all residential areas. Otherwise we would ban
It all over In the waterfront. The third one was to ban houseboats as
dwelling units from specific areas, which is the one you are referring to.
But in the hearing that we had on the 27th of February, when this was
discussed by both Comissio'ter Plumper and yourself, there were other areas In
wh i eh po op I e presented sc mtr concerns and the d i rect i ons which I got from you
at that time was that we look at a om prehensIve amendment that will deal with
the Issue of banning houseboats and eliminate the problem.
September 26, 1886
J
T
Mayor Suarez: That's because you told me It couldn't be done the other way.
That's why.
Mr. P 1 urmvr : Lot me ask a question. 1 got a prob I em . I ' m not go I ng to be
widely aooMted by the people that have houseboats. My problem is that the
people who live on houseboats enjoy all of the services of the City of Miami.
They send their kids to school. They have fire protection. They have police
protection. They have garbage pickup and yet they pay no ad valorem taxation.
I have a problem with that.
Mrs. Dougherty: Neither do renters.
Mr. Plummer: I'm just saying that for the record.
UNIDENTIFIED SPEAKER: You're wrong.
Mr. Plummer: If I'm wrong, I stand corrected.
Mrs. Kennedy: 1 asked sanebody who lives In a houseboat yesterday. They said
yes, that they do pay ad valorem taxes.
Mayor Suarez: On the property to which the boat Is attached, but not on the
boat.
Mr. Plummer: Houseboats pay ad valorem taxes on property taxes?
114AUDIBLE BACKGROLM OO4 ENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Suarez: Wait, let's get that resolved from our Planning Department.
Mr. Plummer: O.K., I understand I think what they are saying. If they own
the up land, they pay ad valorem taxes on that.
114AWIBLE BACKGRO " CMVENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Excuse me, If I stand corrected, It doesn't bother me. Are we
saying that the tax assessment rolls today for live -aboard houseboats, that
they pay ad valorem taxes?
Mrs. Dougherty: I doubt It.
Mr. Pierce: My understanding is that If they own the upland property to which
the houseboat Is docked, that there are taxes paid on the property by someone:
But If It Is unimproved property uplandwise, It Is assessed at a much lower
rate than would Improved property.
Mr. Plummer: My question Is, a family IIves on a houseboat, period. Do they
pay ad valorem taxes on that houseboat?
Mr. Pierce: My understanding was that they paid the boat taxes, the
registration taxes on the boats.
Mr. Plummer: They pay a registration which anybody pays for.
Mr. Pierce: On a boat. but not as Improved property.
Mrs. Kennedy: There Is Jackie Dolsey. I asked her yesterday and she says,
yes. they do pay.
Mayor Suarez: Well, we have a real quandary here.
Mr. Dawkins: There is a gent Ieman back here with a tax receipt. May 1 see a
tax racelpt, sir?
Mrs. Dougherty: There was a State Statute passed several years ago which
requ i reRd then to pay ad va I ,rem taxes. I think that was dec l arepd
unconstitutional, but I don't know.
"Ar. Plumer: We had the same problem with mobi le hcn*s.
711
W . Plummer: Hey. at least you're paying ad valorem taxes. Is that the first
year you've had them?
UNIDENTIFIED SPEAKER: Yes, sir.
Mr. Plummer: use In the past. it was not. Excuse me. he said one year.
W . Dawkins: Ho I d It, the man can on I y pay what you send him. He can't read
your mind.
Mr. Plummr: Can I ask you, do you reca I I how much your taxes are on your
houseboat? $200 a year.
Mayor Suarez: This tax bill, by the way, is for 1579 N.W. South River Drive.
That Is the address of what?
Mr. P I uymr: That's h I s ma I I I ng address.
Mayor Suarez: Is that a houseboat attached to a property that has an address,
or has no address?
UNIDENTIFIED SPEAKER: That was attached to the property that Is 1543, sir.
Mayor Suarez: Which has a separate tax bill?
UNIDENTIFIED SPEAKER: Yes, sit.
Mayor Suarez: Why was It not taxed last year, I wonder?
UNIDENTIFIED SPEAKER: I wasn't there last year.
Mayor Suarez: Good answer.
Mrs. Kennedy: That's a good reason.
I I'AAM I BLE BACKGROIJND =44ENTS NOT ENTERED I NTO THE PUBL I C REODRI).
Mr, Plummer: The landlord does not pay for your kids and police protection.'
sanitation and all of that.
UNIDENTIFIED SPEAKER: I disagree with that.
Mr. Pierce: Mr. Plum*r, Mr. Mayor, since it appears on maybe assuming
something. but if this Item Is not going to be resolved tonight, may I have
offer that we willabsolutely research that quest I on and when It comes back
to the Ccmn I ss I on, we will provide a definitive answer as to what taxes are
owed or assessed, owed, and paid by people living on houseboats.
Mr. Plummer: I can't Imagine. as this gentleman said, he even himself
protested that a houseboat In Its entirety is only worth $1,200, because that
Is what his assessment Is.
IMUDIBLE BACKGROUND CCM&-NTS NOT ENTERED INTO THE PuBLic REac)RD.
Mayor Suarez: We can argue about who pays more taxes. The quest Ion was
rea I I y whether a f I oat I ng home pays any ad va I oren taxes. So far scmeone
Sho"d up with the tax that looks to we. like a....unless It's the address of
the property, and you told me It Isn't. I'm going to move. at this point,
pass the chair over to Commissioner Dawkins, and move to refer It back to the
P.A.B. and ask the City In the meantime to consider the question of the
fairness of the taxation, as long as that Is being discussed, and bring us
back an ordinance that does not prevent people on the river from having their
houseboats there, but does prevent the houseboats I n the Be I I e Meade I s I and
area and Grove Park areas. That Is what I'll be ready to vote on.
Mr. Plunner: Wait a minute, just so we understand what we're doing. This
gentleman lives In Grove Park. So you are preventing him. so let's understand
where we are.
Mrs, Dougherty: We're not preventing any vessels that are presently there.
All of them would be grandfathered In under either ordinance.
sI 139 September 26, 1906
Mr. Piunmer: Yes, I second the Mayor's motion.
Mr. Dawkins: Idler discussion, go ahead, Sir.
LINIDENTIFIED SPEAKER: Grove park hr owners, all of the areas discussed are
residential one. The questions they asked In their meeting Tuesday night IS
how many of these people pay the taxes here you were talking about, garbage
taxes and so forth. Many of the houseboats are hooked up apparently Illegally
and Improperly behind the residential properties In Grove Park. That's what
we found In our meeting the other night.
Mr. Plummer: Well, It doesn't, Bob, preclude now that we are aware that they
are getting ad valorem bills, that Immediately the Sanitation Department can't
start send i ng out garbage b i l l s Just I l ke any home owner pays. I hope that
the Sanitation Department Is listening.
Mr. Dawkins: Did you want to say sanething, Ma'am? Let her something, Mr.
Rodriguez, please.
Ms. MargarIte Shear In: I'm dying to say a couple of things. I had this all
so neatly packaged. because after all, It looked IIke a very honest amendment.
It didn't hurt anybody. And It gave us the protection that we need.
Houseboats... my name and address, Margarite Shearin, 1169 Belle Meade Island
Drive. I'm president of the Belle Meade Island Homeowners Association. The
reason I've been able to pursue this Is because there is such an Injustice
being done to people in our area. So far you're talking just about Belle
Meade Island. Do you know we have camplaInts all the way up the river as far
as Biscayne Boulevard? I've got a letter here fran the Basset Boat Company
showing how houseboats come Into the river, get overturned, and stop then from
conducting their business. That was an unsolicited letter, after it got out
there, we were trying to do something about the houseboats In our area. The
one point 1 must make, If you don't pass this tonight, we're still just as
vulnerable as we have been. At the present time, any houseboat can cone Into
our area and find a way that they can stay there. I have these folders
prepared. I'm going to pass them out to you. You're going to see a picture
of our latest edition of a houseboat. You're going to see If you would like
that behind your house. Ccnmissioner Plunner, this Is not a houseboat that
you would take out fishing or for the weekend.
Mr. PluTmer: That's why 1 tell you that you have to delineate it more
clearly.
Ms. Shearin: We will be lucky If that houseboat stays above the water enough
so It's not considered a derelict. Before I say anything else, could 1 pass
out these folders?
Mr. Plumper: Sure. give them to Walter and he'll do It for you.
Ms. Shearin: Walter's really been a help. The reason It's difficult to stop
we is because what we need Is the protection. The protection of some kind Of
a law. They sit there and talk about all the benefits that there are living
on the water and we agree. And Isn't It lovely that they can just come into
our area under the present law, which limits them not at all, but prohibits us
from doing anything about It.
Mr. Plummer: Agreed.
Ms. Shearin: And they say that It doesn't change the value of our property,
and perhaps you can't prove that It does. You can only talk to real estate
pwple to try to sell your property, or people that comp out and say they
wouldn't like to live there as long as there is this threat. You can talk to
people that are desperate to sell their his because the prices are
fluctuating. Those of us In the northeast area have been working as long as
we have IIved there to try to maintain and Improve conditions In our area.
Have you ever In your life heard a houseboat owner worry about what's
happening to the neighborhood and ask his neighbors how he can help to correct
It? Why shdu I d they? If they don't i I ke It where they are, they can just
p i ck up and move; and that ' s what they do. And If the houseboat beag i ns to
fall &pisirt , what happens then? Look at the r I ver . Look at the debris. I
have....
Mayor Suarez: Margarlte, Ms. Shearin, Margarite, roughly half of the people
here agree with you emphatICally. Roughly the other half disagree with you
emphatically. What we're doing Is trying to solve the problem as well as we
possibly can, 1f It can be solved. If It cannot be, we're going to have to
make a very difficult decision.
Ms. Shearin: Then 1 have one more question.
Mayor Suarez: As proposed, It would allow you what you want to do In Belle
Meade Island and also allow people on the river to have their houseboats.
Mr. Plummer: Mr. Mayor. I think her concern Is well founded. I have to ask
the City Attorney. Madam City Attorney, we understand that any boats that are
presently In place are grandfathered. We understand that. I think her
concern Is that If we defer this tonight, that tomorrow morning everybody Is
going to try to get In and be grandfathered prior to something being enacted.
What can we do today that accomplishes both what I think is very good that the
Mayor Is proffering? Can we put a moratorium on no more houseboats until a
decision by this Carnmisslon? is that proper?
Mrs. Dougherty: The answer Is no, but the protection that you have right now
Is that every houseboat has to be a special exception. So all of then have
to go through the process of the Zoning Board and the City Carmisslon and
that's the protection.
Ms. Shearin: Even the vacant ones?
Mrs. Dougherty: Even the vacant ones. So you stilt have the protection or
the neighbors still have the protection of the process of public hearings and
notice to the adjoining neighborhood and a decision made by a public body.
Ms. Shear in: I have one more thing. If you're going to send this back for
review. I'm going to ask you to consider this, people all along the little
River, all the way up to Biscayne Boulevard are suffering from these
housebo -s. At the present time, there are 14 floating homes, and because of
the vat -d zoning In the area, they might not even benefit fran this
amendment. Some of these people are here tonight. I think they can tell you
that they've been doing everything that they could to support us In this,
because they are the ones who are Suffering.
Mr. Plummer: See, this Is....
Ms. Shearin: That's our latest one.
Mr. Plumper: Yes. but you see, this Is not a houseboat in my estimation.
This Is a floating hone. This Is not a houseboat. There Is a big difference
in my estimation between the two, MargarIte. This one to me should not in any
way be a 1 1 owed.
Ms. Shearin: Well, It's there.
Mr. Plummer: The other one that Is a pleasure craft that can be used. I feel,
Should be allowed, but not under any circumstances to be used to live upon.
Ms. Shear In: May i get one more point made, then? I've been hearing how
you're all having a lot of trouble defining a houseboat. I'm willing to bet
there Isn't anybody In this roam who doesn't know a houseboat when he sees
one. But I want to give you my Idea Of what a houseboat Is. A houseboat is a
house on a barge or flotation device towed Into place, moored more or Iess
permanently In that place to be used as a residence. That's a houseboat.
Call it what you will. If you want to call It a floating hare, do so. But
please, CamissIover Plummer, It has nothing to do with going out f1shing.
When One of these things Capes and loans up beat i nd our houses, It I s . there.
We bought Into our areas and we have supported our areas because that Is where
we love to Ilve. What I, there Is what we want to keep. A houseboat Carnes
In; our view Is the houseboat. That's our problem. What happens ncw is If
you turn this down now, they're going to think they have won, There is one:
houseboat wh I ch was refused a sp i a l except I on and her houseboat IS sitting
up there behind Basset Boats waiting to get In. She was refused the special
exception, right? She went ahead and build a dock. TeII me why. We
checked....
8 i 141 September 25, 1656 -
1
Mr. Dawkins: Walt, hold It....
Mayor Suarez: That's what I was afraid was going to happen.
Nis. Shearin: In other words. they're not going to obey the laws, I'm telling
YOU.
Mr. Dawkins: Now, about four times you told me "one more time," and
that's ... OK, you finished? OK, thank you.
Ms. Jackie Dozier: Mr. Mayor, Camnlssloners, good evening. I'm sorry that
we're having a difficult time here, but we'll get It resolved eventually. I'm
Jackie Dozier. I own property...
Mr. Dawkins: OK, we have ... Let's be sure all of us understand where we are,
OK? We have a motion here - It's been properly moved and seconded - that we
go back and try to resolve this.
Ms. Dozier: I also feel, sir, that we should have equal stance In this, and l
think that we should have a chance...
Mr. Dawkins: Equal chance In what, ma'am?
Ms. Dozier: In speaking up. If the opposition can speak, I believe that we
should have a chance to speak also.
Mr. Dawkins: OK► all right, I agree with you. But you're speaking...) mean, all I'm saying Is, when you get through speaking, this still has to go back to
then according to the motion on the floor, and came back.
Ms. Dozier: Ccrtmissloner Dawkins, could I do this? Could I submit a letter
of record to the UnTnission, please, to have it on record?.
Mr. Dawkins: Yes. Yes, ma'am. Yes, ma'am, OK.
Mayor Suarez: Absolutely.
Ms. Dozier: Thank you.
Mr. Dawkins: Any further questions from any meailber of the CCamnisslon?
Ms. Margarite Shearer: You're going to hate me - could I say one more thing?,
Mr. Dawkins: No, ma'am. No, ma'am. No. ma'am. No, ma'am.
Mr. Plumper: Cannissioner Dawkins.
Mr. Dawkins: No, ah, no...
Mr. Plumper: As I re arber, this lady Is 79 years of age.
Ms. Shearer: What? What?
(Laughter)
Mr. Dawkins: Go right ahead, darling. Go ahead.
Ms. Shearer: I'm old enough to be your mother, maybe I don't know.
Mr. Dawkins: That's It - I stopped ... but you see now, I'm being unfair to
this lady. See. I asked her, and this lady sat down. See, now, I'm
being ... rx�w,, that's unfair. See? Now, If you're going to speak I'm going to
ask her to ... You ecme on back up, honey, because If she's got something to say
you've got a right to rebut. 1 mean, that's all. (Applause from audlence)
That's our trouble. We just. ..I'm not going to be that way. Go right ahead.
Ms. Shearer: The little lady who Game up here said, "Have you forgotten that
Miami Beach got r I d of tie houseboats? F I amend Marina got rid of the
houseboats. There are no houseboats 1n Coral Gables." She said, why aren't
you thlnking? Hcw did they get rid of them? What did they caII them? This
Is my question. Now I'll sit down. And thank you.
(Applause from audience)
Ms. Dozier: I don't think this lends to peace and harmony In a community, for
certain. i Rio own property at 990 N.E. 78th Street. My name Is Jacqueline
Dozier. 1 was given permission by the Planning and Zoning Board to build my
dock on my property.
Mr. Dawkins: How much did you spend?
Ms. Dozier: Six thousand and scree dollars. They knew at the time I had
Intended to bring my houseboat in there, that I had applied for a special
exception permit. I spent $800 for that permit, I put up a $2,200 fence, and
1 was led to believe that I would be able to bring my houseboat to my dock.
It Is a...lt Is two vacant lots, actually. I could bring two houseboats there
with special exception permits. And I think I have been treated unfairly.
However, 1 am In a position now where I am representing the rest of the
houseboat dwellers and live-aboards, whether they live on sailboats or barges
or canoes. I will represent then, because I IIke the waterways and so do
they. It's not what I was going to say here. But I wou I d like to clarify
something that I think Is very Important, and that Is the definition of a
houseboat, which nobody on this Camnisslon or In the audience has been able to
get up and state. The Coast Gard has "houseboats" defined very clearly In
their International Rules a Regulations, actually - under Rule 3(a), and I
will read It to you: "The word 'vessel' includes every description of water
craft, Including nond I sp I acement craft and seaplanes, used or capable of being
used as a means for transportation on water," which means that If a boxlike
structure has a motor put on it, It Is capable of being used on water. And I
Just would like to clarify that, and there are a few other things here, but I
really don't want to take up the Cann IssIon's time because they're going to
reconsider this whole proposal anyway; but I did think that that was an
Important Issue to bring up, and I think it should be further investigated. 1
have case histories right here In my file that pertain to vessels which are
houseboats, and If the Commission would Iike to see them at a further time
1'd be happy to submit them. Thank you very much.
Mr. Dawkins: Any further questions from members of the Carmission? (Applause
fran audience) J.L., what do we say...how are we going to determine what boat
Is there today and what boat will came In tanorrow?
Mr. Plummer: Well, I'm told by the City Attorney that If a houseboat canes In
today, and it's reported, they will be forced to move, or excuse me, forced to
go for an application of a special exception.
Mr. Dawkins: Call the roll, Madame Clerk.
The following motion was Introduced by Mayor Suarez,
adoption:
NOTION NO. 88-775
who moved Its
A NOTION REFERRING BACK TO THE PLANNING ADVISORY BOARD
(P.A.B.) PROPOSED FIRST READING ORDiNAhCE AMENDING
ORD. 95M PROHIBITING HOUSEBOATS IN RS-1 AND RS-2
DISTRICTS. ETC.; FURTHER REQUIRING THE ACMINISTRATION
TO GIVE $M E CONSIDERATION TO THE QUESTION OF FAIRNESS
OF THE TAXATION, AND TO BRING BACK AN ORDINANM THAT
WOULD NOT PREVENT SOMONE FRCIM HAVING A BOAT IN THAT
AREA, AND WHICH WORD GRANDFATHER IN ALL BOATS THAT
ARE NOW IN PLACE.
Upon being sanded by Carmiss1oner PIurmer. the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Carmnissloner Rosario Kennedy
Vice-&yor MIIIer J. Dawkins
Mayor Xavier L. Suarez
NOES:
ASSENT;
Commissioner Joe Carollo
► wa.
143
Mayor Suarez: We'll take a ten-minute recess. We have essentially finished
Planning and Zoning Items.
Mr. Plummer: No, we got one more.
Mayor Suarez: We have essentially finished Planning and zoning Items. We
have one more that I don't think Is of any consequence to the people here. I
may be wrong. Ten-minute recess, and we'll be back at 6:27, hopefully to get
to Budget, and also, I think we have some people who are here to cCmplain
about the police reorganization, who asked to be heard, and we promised that
we would hear from then. So we'll be back In approximately ten minutes, no
later than 6:30.
THEREUPON THE CITY C"ISSION WENT INTO RECESS AT 6:19
P.M. AND RECONVENED AT 6:40 P.M., WITH ALL MEMBERS OF
THE CITY O"ISSION FOUND TO BE PRESENT, EXCEPT FOR
O"ISSIONERS CAROLLA AND KENNEDY.
46. FIRST READIN3 ORDINANCE: AMEND ORDINANCE 9500-SEC.3205 OF ARTICLE 32 - TO
REQUIRE EXHAUSTION OF ACMINISTRATIVE REMEDIES PRIOR TO JUDICIAL REVIEW; ETC.
Mr. Dawkins: All right, let's get started, please.
Mr. Plummer: Cannissioner Dawkins, we have one other zoning item which...
Mayor Suarez: What's the last Planning and Zoning Itern that we had? I.
presume noncontroversial.
Mr. Plummer: Sixteen.
Mr. Dawkins: May we hear 16, please.
Mayor Suarez: Hope noncontroversial.
Mr. Pianmr: What does it accanplish?
Mrs. Dougherty: Yes, Mr. Mayor and Cammissioners, this Is a technical
amenctnent. It's an amendment that we are requesting. Presently, our Code
sort of conflicts with the State law. and our Code presently says that
certiorari Is the method by which saneone would review a zoning decision.
We're asking that It be by an appeal which would require a three-man or a
three -Judge panel that would review the record, and we think that would be the
best method for reviewing zoning decisions.
Mayor Suarez: Is there anyone that Is here to object or to speak on behalf of
PZ-16, Planning and Zoning Item 16? Let the record reflect that no one has
oame forward.
Mr. P I Lanier: So moved.
Mr. Dawkins: second.
Mayor Suarez: Item PZ-16 Is moved and seconded. Any discussion? Call the
roll. Do we read the ordinance? Is there an ordinance?
Mrs. Dougherty: Say it again, Mayor.
Mayor Suarez: Do we need to read an ordinance, Madame City Attorney? :.
144
AN ORDINANCE ENTITLED -
AN ORD I N A%N CE AMEND I NS ORDINANCE ND . 9500, THE ZONING
ORD I f OF THE CITY OF M I AAA I , FLOR I DA , BY AMENDING
SECTION 32M OF ARTICLE 32 ENTITLED "STATUS OF
DECISIONS OF ZON i NC BOARDS; REVIEW BY CITY C>1 W l SS i ON ;
COMMISSION POWERS; JUDICIAL REVIEW," BY REQUIRING
EXHAUSTION OF AONINISTRATIVE RDVIEDIES PRIOR TO
JUDICIAL REVIEW AND PROVIDING THAT THE METHOD OF
JUDICIAL REVIEW OF CITY O"ISSION DECISIONS SHALL BE
BY FILING A NOTICE OF APPEAL; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was Introduced by Commissioner Plummer and seconded by Carmissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Oammissioner J. L. Plummer, Jr.
V i Ce-Allayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Rosario Kennedy
The City Attorney read the ordinance Into the public record and
announced that copies were available to the members of the City Ccmnisslon and
to the public.
47. ALLOCATE $10,000 FOR IN -KIND SERVICES IN CONNECTION WITH CITY -SPONSORED
"THANK YOU MIAMI" OVERT.
Mr. Dawkins: Mr. Mayor, I have a resolution here that we passed the other
day. 1'd IIke to ... Mr. Mayor, Mr. Plumper, do you have your resolution? "A
resolution allocating an amount not to exceed $10,000 from Special Programs
and Account Fund for the City in -kind services provided in support of the
City -Sponsored "Thank you, Miami" Concert for the 1986 Black Music Association
Convention to be held October 4, 1986." So moved.
Mr. Plumper: Second.
Mayor Suarez: Moved and seconded. Any discussion? Call the roll.
Mr. Plummer: As previously agreed upon and committed by this Commission.
The following resolution was introduced by Commissioner Dawkins. who
moved Its adoption:
RESOLUTION NO. 86-776
A RESOLUTION ALLOCAT 1 NG AN AMNT NOT TO EXCEED $10,000
FROM SPECIAL PF03WAS AND ACCOUNTS, OONT I N3ENT FLED, FOR
1N KIND SERVICES PROVIDED 1N SUPPORT OF THE CITY SPONSORED`
»THANK YOU MIAMI" CONCERT FOR THE 1986 BLACK MUSIC
ASSOCIATION CONVENTION TO BE HELD OCTOBER 4, 1986. AT
BICENTENNIAL PARK.
(Here follows body of resolution. omitted here
and on file In the Office of the City Clerk.)
upon being seconded by Ctxrm i ss I oner P I um mer , the reso i ut I on was passed
and adopted by the following vote-
AYES: CamrlssIoner Joe Caro IIo
CamnIsslover J. L. Plummer, Jr.
Vice4Vlayor Miller J. Dawkins
Mayor Xavier L. Suarez .'
NOES: None.
ABSENT: ComnissIover lourIo Kennedy Y
NOTE FOR RECORD: Although absent during roll call, Ccnmissloner Carollo
requested of the Clerk to be shown voting with the motion.
;t
48. DISCUSSION REGARDING RECENT POLICE REORGANIZATION.
Mayor Suarez: Can I have a show of hands on how many people are here on the
personal appearance of the supplemental Agenda, which has to do with the
police reorganization, and for which we got a letter from Mr. Quinones, I
be I I eve. how many poop I e are here to speak on that I ten? And then we go
right Into Budget.
Mr. Plumper: No, no, no, Mr. Mayor, I'm sorry. Supplemental Agendas always
cane after the full Agenda has been finished.
Mayor Suarez: however the Commission wants. 1 thought we'd dispose of this -
let than make a statement - and proceed to Budget. We never gave then a time,
except five o'clock.
Mr. Plummer: How many people are here on Budget?
Mayor Suarez: Most of the people, I presume, are here on Budget.
Mr. Pluttper: So that's a regular schedule of the Agenda, and I don't think
It's right to make these people wait, because they are scheduled at 5:05, and
I think it's only proper that we finish the first Agenda, then we' II go into
the...
(Whistling sounds from audience)
Mr. Dawkins: Hey look there. You got somebody who likes you over there. Oh,
yeah; oh, yeah.
(Laughter)
Mr. P 1 ummer : What?
Mr. OdIo: Oye. 1'II pay you later. Send me the bill.
Mayor Suarez: You hear the Cmmisslon express themselves. There's only three
of us here. and two want to go ahead right Into Budget, so I hope you're able
to stay with us. and we'll take you whenever we're able to.
Mr, Plumper: No, sir. What I would IIke to do Is stick to the Agenda.
That's what I want to do, and the next Item on the Agenda Is Budget.
Mayor Suarez: Well, they were scheduled for 5:00 P.M., just so you know.
Mr, Dawkins: Well, the Budget is scheduled for 5:05.
Mayor Suarez: I know, we...(lnaudlble rena,rk from the background)...That we
can't force them to do. The personal appearance was scheeuled for five a1$0.
How many peop 1 e were go 1 ng to make a statement. Humor to? One? One? How
long? Going to keep it to three minutes? Go ahead and make a staternent.
Mr. Humberto Quinones: My name Is Humberto Quinones, 1301 S.W. 1st Street.
Honorable Mayor and members of the Cormission - As you are aware, the purpose
of our visit here Is to express our concern over the recent "reorgan i ztat i on"
146 SeDtwber 26, ISM
of the Police Department, which has forced the retire ant or demotion of
various police officers -- among them, Assistant Chief Barrett and Assistant
Chief Mahoney. Contrary to public statements made by Chief Dickson, Assistant
Chiefs Barrett and Mahoney have been forced to retire or been doted to
demeaning positions, without justifications or reams. We do not dispute the
Chief's right to make changes, but the manner In which this 26n-years veteran
received notification of the Impending motions via the evening news is
unethical, unprofessional, and worst of all, degrading to the morale of these
fine and dedicated officers by leaving a cloud of uncertainty over the reasons
why this Incident was taking place, thereby allowing unjust and unnecessary
speculations to surface, In an attempt to stain their names. Is this what any
dedicated City employee can and should expect after years of service to this
camxunity? Because if that Is the case, then you, as Mayor and Commissioners,
City Manager, and we the citizens, are ungrateful. The only reason that the
Police Chief Dickson has Issued publicly Is that he wants to surround himself
with people who are loyal. Webster defines "loyalty" as "faithfulness or
faithful adherence to a person, government, cause or duty." Have any of these
officers been guilty of such violations? The answer Is no. These officers,
as I stated earlier, have canbined over 50 years Of experience and the
knowledge of all the Intricacies Of the Police Department. Furthermore, they
are by far the most qualified Individuals to assume: the duties of Chief of
Police at Chief Dickson's eventual retirement. These officers are
representative of our three ethnic Carmunities: one, the top Anglo officer In
the City, the other, the top Cuban officer In not only the City, but the
County and the State as we11. Notwithstanding these irregularities, this
CammIssIon has opted to Ignore the fact and wish that it would all blow Over
without further discussion, while It gives the citizen of this calTnunity the
excuse that he cannot get involved and play political football with the City
Manager, and subsequently the City Manager with the Chief of Police, as
evidenced by a statement made by the City Manager on the last Carmission
meeting, when he said that the Chief Is responsible for all the actions he has
taken, when In fact these decisions have already been discussed with the City
Manager and members of this Canmission prior to being carried out. We ask
that this Cc mission set Itself as an Investigatory body, as provided for in
the City Charter, Section 14, which states that, "The Carmission, Or any
ommittee therefor, duly authorized by the Crnmission so to do, may
investigate the financial transaction of any officer Or department of the City
government, and the official acts and conduct of any City official, and by
similar investigation may secure information upon any matter. In conducting
such investigation, the Crnmission, or any ccmnittee thereof, may require
attendance of witnesses and the production of books, papers and other
evidence, and for that purpose may Issue subpoenas which shall be signed by
the presiding officer of the Commission or the chairman of such cammittee, as
the case may be, which may be served and executed by any policeman." As sane
of you may recall, this was the case when then Chief of Police Harms was
fired. We, as citizens, ask of you that this Comnission and the City Manager
respect the camiunity by Investigating the matter to our full satisfaction and
let Its findings be publicly known. Thank you very much, Mr. Mayor.
Mayor Suarez: Thank you, Humberto.
49. (A) SECOND PUBLIC HEARING ON THE BUDGET FISCAL YEAR 1986-1987. (B)
APPFOVE FREE USE OF BUILDING AT 7251 B 1 SCAYNE BLVD . FOR USE AS A MINI
POLICE STATION.
Mayor Suarez: Olt. Let's proceed to the Budget hearing. What is the first
step, Mano? Do we have to take a vote on anything InItIaIIy, or Just hear
from the general public?
Mr. Manohar Surana: We have to follow the procedure. which is Item Raman
number I(A.): The percentage Increase In mIIIage over rolled back rate.
Response: One and three tenths percent. (B.): Specific purposes for which
ad valorem tax revenues are being Increased. Response: Partial funding for
Public Safety Services, $1.090,787, percentage increase 100. (C.): City
Cc mIssIon listens and responds to citizens' carments regarding the proposed
mlllage increase and explains the reasons for the Increase over the rolled
back rate.
147 September 25, 1886
7
Mr. PIunrr: WeII, Mr. Mayor, can we establish first and foremost that which
was questioned this morning, and I asked the City Attorney to give us a ruling
as to whether the I eawsu I t that wags f I I ed this morning is va 1 i d or not. I ' d
like to hear that.
Mrs. Dougherty: Mr. Connissloner and Mr. Mayor, as I advised you this
morning, Commissioner Perez filed a lawsuit against...
Mr. Plummer: No. No, no, no, not Commissioner Perez.
Mrs. Dougherty: Excuse me, former. -
Mr. P I umner : Ex-ConTn i ss loner Perez.
Mrs. Dougherty: Former Commissioner Perez...
Mr. Plummer: Yes.
Mrs. Dougherty:... filed a lawsuit against the City seeking to enjoin the
passage of the Budget this afternoon, based on his view that the referendum
that was passed by the electorate prohibited us fram Increasing the millage
rate. Including the debt service. It is our view that even If you had sought
to put such a referendum on the ballot, it would have been illegal; and
therefore, contrary to his position that the mileage rate was Increased, It
was actually decreased, and there is no merit to his lawsuit. The judge, In
fact, dismissed the lawsuit this morning, permitting them to refire It In the
event that you passed the budget this afternoon.
Mr. Plummer: Thank you.
Mr. Surana: Can I add something to that?
Mrs. Dougherty: Certainly. Yes.
Mr. Surana: On January 10, 1985, at that time City Camnission approved
Resolution No. 85-28, the Intent of the resolution only to address operating
millage, not the total millage.
Mayor Suarez: Operating millage, not the what?
Mr. Surana: Not the total millage. si
Mayor Suarez: Debt service?
Mr. Surana: Yes, sir. I have the copy of the Minutes.
Mayor Suarez: Is It normal procedure to hear from witnesses on only I(A)?
Mr. Surana: Everything. Total budget.
Mayor Suarez: Who wishes to be heard on the budget? Please raise your hand.
Mr. P I ter : About f i ve.
NDTE: .Commissioner Caro IIo entered the meeting at 6:45 P.M., and Commissioner
Kennedy entered the; meet I ng at 6 :48 P.M.
<s
Mayor Suarez: Mariano? Why don't you go ahead and take places behind the
mike, and keep your statements as short as you possibly can, please. We're
going to try to keep you to two minutes, but 1 understand It might exceed
that. Three minutes.
Mr Mar I ano Cruz: As a taxpayer of the C I ty of M I arm i , I have sat here s i nce
about four o'clock I I step i ng to al I the paid lobbyists and lawyers and City
officials, and they weren't limited. d. - Mr. Traur ig is not limited. He get9
paid for being here. To me. It cost me today $40 to be here, because I could
not work two hours overtime, and i quit early, at three o'clock, to be here.
So and this Is the only opportunity for me to come here to the City; and I
I I ve In the City I rem I ts, I pay City taxes, County taxes. Federal taxes. and
a I I d I f ferent k I nds of taxes. My name, War i arms Cruz. I I I ve at 1227 N.W,,
26th Street, In the corporate City limit of the City of Miami. And i have ar,
148 tasrr 1 t
f
few Items. First I'm going to start with the soft first. 1 will mention
parts now, because the parts will be later on. But first, I am based, in this
country - you know, when I come here they say - I'm paraphrasing the old
saying, "When In Amer I ca , do as Amer I cans do . " So I Aso like Americans. You
want to do It - CK. And this gauntry Is founded on taxation with
representation; and I an not getting much representation. Getting a lot of
taxation. but no representation. We, the neighbors on 26th Street, we signed
a petition about three years ago, when Rosencranz was City Manager, about
fixing our two blocks there; and we were willing to tax ourselves with a tax
lien, and so far I even talked to Mr. Cather, and I say we're still waiting!
Three years. still waiting, and we're going to pay. We're going to pay.
There's no community development, freebies or anything - pay. We're even
willing to tax ourselves, and nothing done there. Another thing ... that's one
- thing. I have here some pictures of the public housing that the City. ..we
mean, that we allow our neighborhood when the City, when the people from
Flagaml came here, and the Little Havana came here, and they didn't want it in
Little Havana or Flagaml. So the County built It In our neighborhood - It's
got It - and It's all dilapidated. I mean they don't take care of It - I
don't mind public housing, because those are my neighbors. The least of my
neighbors, like the Bible, you know. from Matthew 26 - the least of my wants.
So they are entitled to live there, but the County should take care of those
places. And you're supposed... Public Works is supposed to tell the County
what to do. If you allow the City - I mean the County - to build those
properties which don't pay any taxes - I mean those eliminated properties out
of the tax roll, like the big building on Brickell Avenue you mentioned the
other day, but that's money that's not going to the City now. OK. that's the
easy stuff there. Now, another thing I got. That's concerning City Jobs -
people apply for City Jobs. My son Is a
My son, he told me, he got It from high school, he•toid me he wants to be a
fireman. So I went to the Human Resources Office. no, don't quote me,
Department of Personnel now - there's not any more Human Resources - and I
talked there, and I talked to different officials from the City elected by
administration, about that. One walked away, said "Impossible." Another one
mentioned. "Oh no, nothing now." And so 1 went to the City Administration
Building - not a red light, a green light there - OK. And I went there. One
day 1 went there...
Mayor Suarez: Let me Just ask you a question. May I assume that you're
against an Increase In the tax rate?
Mr. Cruz: No, I am —listen.
Mayor Suarez: You're getting to that.
Mr. Cruz: I am not against taxes, because there's no free lunch. But, what l
mean Is. taxation and representation. Something for my tax. What I get.
Mayor Suarez: That's a very general concept. Anything specific that you want
us to do?
Mr. Cruz: Yeah, well, then, It's specific. Well, that concerns me because
that's about the only opportunity I get to cane here. I am not a paid is
lobbyist of the City. I don't get paid to be here.
Mayor Suarez: No, no, but you cane here a lot. Mariano. can on.
Mr. Cruz: Yeah, well...
Mayor Suarez: And besides, you catch me up there on the ... wherever it was
that you saw me the other day and you...
Mr. Cruz: Well. 1 pay very little City tax. 1 pay very little City tax. but
I am a member of what a lot of people call the Silent Majority out there, but
I am not silent. 1 am not so silent myself. But there's a lot of people out
there. and they remember that when election time Cones, because they watch
Channel 23. they watch the soap opera - and they vote. Many people that are
not sitting here today - forget about the people there - and they're Concerned
about Costa Rica and other people.
Mayor Suarez: Well, tell us your views. What are your viers?
149 September 23. t988
Mr. Cruz: Right, yeah, OK, but that's —Well, you listen to Traurig, and all
that, you got to listen to me.
Mayor Suarez: More than we want to.
Mr. Cruz: We I I, Traur i 9 don't know the prob 1 ern. He don't even I I ve In the
City of M i armm l . Well, who knows - maybe I l ves In Kendall or somep l ace, but I
live In the City of Miami. In Allapa,ttah, northwest Miami. But sometimes it
looks IIk- the northwest I not part of the City of MIamI. Right - you know
that, Dawkins - Miller. How many people cross that bridge there? Election
time oommes, they cross the bridge. Later on, forget It - Coconut Grove. Now.
I am maid. Mad at the way things are go I ng . Another th I ng - I went to the
City Administration Building to do business there. When I got to the parking
lot, 1 went and there was no parking space on the meter. I looked - three
firemen's cars and two City cars In the meter space that Is provided for the
service to the citizens. They were sitting there with no money In the meters.
So. they're cheating us and they're cheating Offstreet Parking, because there
were plenty of empty spaces next door they could use to park In. So I went up
there, went up there to the fifth floor, and I wanted to talk to somebody In
charge. So I talked to Roger and I mentioned It. But when I went there
around, I didn't see...I went there, I can name It, off the top of my head -
McCullough, Teems. Hickman, Huddleston, Le ay, Reid, Rehr - I didn't see any
Spanish people. because I wanted to talk to somebody In Spanish! Even If I
function In English, i can talk to somebody In Spanish. So I saw a l b tt l e
plate - Montero - and the girl that's... Martinez - used to work In ... no big, I
mean, chief. there with Spanish the majority In the City of Miami. There were
three Blacks. There was Waters, Patterson, and Jordan. Those I know. Off my
head. I'm telling you. Then...l go there, then I talked to a friend of mine
that I...In 1984, 1 told him, i was a member of the Affirmative Action Board
of the City of Miami, and we had the consent decree and all those things,
about getting more people In the administration in the Fire Department - not
the Police, In the Fire Department, because the people in the street don't
know what's going on In many of the CIty...the mistakes and the big salaries,
and the big things that we pay - we pay those salaries, too. And what
happened there.
Mayor Suarez: Walt, wait, wait. Let me give you one fact that we have
discussed here on this Commission. There are 204 people in the City of Miami
making more than $50,000 a year, by my calculations.
Mr. Cruz: Well, that's It. We pay those salaries. And most of that money
don't even came back to the City of Miami because they live In Miramar,
Kendall, or whatever. They don't even go In here. Well, so, I talked to him.
and I told him, go and apply. So he applied In October 1984. He passed all
the tests. He's graduated from paramedic school, E.P.N., Broward Community
College, Dade Community College. He was called In April, 1986, and In June
1986 he was given the option of resigning or being terminated. I talked to
him yesterday; I wanted to find out what was going on.,. He told me that he was
forced out, discriminated. He mentioned the names: Valladares, ,
and the other guy there, Evans. And I told him, "You'd better sue and
ca, lain, because If you don't oa, lain, It will happen to somebody else."
Because how are we go i ng to get to the f I f th f I oor I f we don' t make I t past
the ground floor? If we cannot even enter as a fireman - the people being
discriminated, they can only take so much. But then they take you because the
consent decree tells then to take you. But then when you're In school, they
know, they force you, the evaluation, blah, blah, blah - everything legal. So
the guy Is forced out. A guy Is highly dualifled. things like
that; five -six; Spanish last name, He functions 70 to 90
percent of the time In English, because he was a small k I d when he came to
this country. And he functions In English most of the time. And he was given
the option of resigning. I mean, that's unfair, completely unfair, because
you don't get to the fifth floor of the Don Hicluman Building, 275 N.W. 2nd
Street, If you don't make It past that ground floor. But that's the ground
floor. Well, that's for that. I'd Just like to remind you that I am an
Informed citizen, Many people out there - I go to the Pub Restaurant and to
the Versailles; we talk, blah, blah, blah, but they don't - decisions are not
made there. You make the decisions, and we elect you to represent the
taxpayers and the people that IIve In the City of Miami Iimit, whether they
vote or not. But we pay taxes. You don't represent the union - I mean the
employee. The employees have the unions to represent them. You get to
represent us, and many people are like me - they're mad. But they don't cane
here, but I come here. .lust thank you, but I'll be here later. Thank you.
150 September 25, left
Mayor Suarez: By the way, 1 think It might be a good Idea - we've had
townhcme meetings to a lot of other places, and without calling a special
session or anything, if you'd like to have a townhome meet ing In Allapattah at
scm point. let me know; or any other part of the City.
Mr. Cruz: well like I told You, to me It costs me money. Scme people, they
don't the the ... they haveto t3ee working overtime and the whole thing
to ... they can't cam here. They are not no?
Mayor Suarez: OK. Just renewer to...
(Applause)
Mayor Suarez: Freddie?
Mr. Dawkins: Mr. Manager. This Is the third year that Mr. Cruz has been
here, and each year we hear him, and nothing gets done about that street. Now
we've ... There are two streets out there - that one, and 66th Street - and we
have about four groups who have cone down here, Mr. Lather...
Mr. Don Lather: we'll do It this year, Cc m lssioner.
Mr. Dawkins: who do not want us to make the repairs to their street - Is that
right, Mr. Cather?
Mr. Cather: There are certain segments of certain camlun i t i es that do not
want then built. This particular gentleman wants Northwest 26th Street paved,
and we've scheduled It. you've approved it, you've voted on It, and Its' going
to be under construction this year.
T
Mr. Dawkins: This year?
fis,
Mr. Cather: This year.
;=
Mr. Dawkins: This year. All right, we've got October, November, December -,
OK? So now what ... OK, all right, OK. Mr. Manager, biweekly, give me a report
that I can give to Mr. Cruz, what date we're going to start; and biweekly. l
expect you to notify me, so that I can notify him, what day that street will
}'
be done.
ice.
-
z`4
Mr. Cather: At the last Commission meeting, when Mr. Cruz was here, I asked
him to stop by the office to get the exact date.
Mr. Dawkins: I'm not talking...
Mr. Cather: I will notify your office...
Mr. Dawkins: OK. I, MIIIer Dawkins Is requesting that you send to me a
biweekly report, and 1 will get It to Mr. Cruz. Now whatever you had going on
with Mr. Cruz, I'm not interested In that. i want you and the Manager ... I
want the Manager to provide me with the Information for me to provide Mr. Cruz
with, OK?
Mr . Cather: Yeas, air.
Mr. Dawkins: Thank you. Go right, ahead, Mister...
Mayor Suarez: Fredd I e .
Mr. Fred Santiago: My name Is Fred Santiago. I'm a bus Inessman to the
Wynwood carmun i ty.. I 'm a soc 1 a I worker by Cho I ce . And for they I ast f i f teen
years I've been o'a n i nA. before this Came i ss i on. requerst i ng that they mon i ea be
e i I ocatel d for, the rewvat 1 on of the Roberto Cie me Park. Every s i ng i e; year
s€ i nce I can rear, Roberto C I e mente Park has been number one: on than 1 I st' of
a 11 the Inner c I ty parks to be renovated; ; and each and ever s i rig l ee year, the
Money Is out som Cer ae I se . one year was the B i c entenn i a 1 Park. The next
year was the I"sayf rant Park. The year fo I I raw i ng or some other year after that
I t was the :Marti Park. Another year was the Af r 1 can Square Park. And even
thou gn rto C1evonta Park has always been nutber one. we always gent left
beeh i rid . Now this year you ' ve got an opportunity to do samthing about that .
161
septedw 26. 1
There's seven million dollars In the budget allocated for the parks, and we
want two million dollars of those monies to be a I I OcatCd for the sole use of
Roberto Clemente Park. I think It's time that the CaTmisslon gives something
to the area of the Wynwood ooffmunIty. We need It, we've been asking for It,
and It's time. And Miller 0awkins, you pranlsed us, and Xavier Suarez, you
promised you were going to onme through with us, and we expect you at least to
allocate scme of these monies for use of the renovation of the Roberto
Clemente Park.
Mr. olio: Yes. air, It's been done. We have meetings In your park. We have
a bond Issue that was approved by this Carmission, that If It's
approved... that we were going to use seven million dollars In the park system.
We are also exploring with the...
Mayor Suarez: Well, let's not overstate. It hasn't been done. I mean, the
OrnmIssIon has given sane Indication that the CcnmissIon would prefer to begin
by Improving that particular park, Roberto Clemente Park.
Mr. Odlo:
I'm glad
you corrected... You are right, Mr. Mayor. But we have met
there. We
now find
that we have capital
Improvement we need to do there, and
we also have sane
land acquisition.
We're working with the CanmunIty
Developnent
Department to earmark same monies to buy the land and to be able
to develop
the park
as you want, as the
neighborhood wants, and we feel that
we can do It
within
this year.
Mr. Santiago: Well, I want a ca mItment from the CannlssIon that these monies
will be allocated for the. ..used for the Roberto Clemente Park, and not cane
back two months later and find out that the money's been allocated to the
Bayfront Park downtown area, or to sane other parks that someone or sane
Carmissloner, wants to build.
Mr. Dawkins: What do we have to purchase around Clemente Park, Mr. Manager?
Mr. OdIo: Well, the way. ..As you know, CcmnissIoner, we met In Wynwood and
they showed us the design that they have for the park. After that I arranged
for a meeting with the staff and the neighborhood people, there In the park.
They showed us the needs that they have for that park. They want a baseball
field that you can play all kinds of major league baseball...
Mr. Santiago: It's a multipurpose field.
Mr. Odic: Multipurpose field. But In order to do that field we would have to
buy sane land around the park - half an acre. Half a block of land.
Mr. Dawkins: Got to buy a half a block?
Mr. Odio: Yes, sir, and...
Mr. Dawkins: So, Instead of two mlIIIon dollars, then, what are we talking
about?
Mr. Odio: No, we're talking about a total of a million eight. One point
eight million, Including that parcel. But what we need to do Is see If 1 can
find monies from the CmmnIty Development Iand acquisition.
Mr. Dawkins: No, no, no, no - See. I've been saying this ever since I've been
here, and I'm going to say It again today. The Inner city parks have been
neglected. OK? And I'm not going to s I t here and Iet anybody tell we that
we're going to go to CcnymnIty Development to find money for the parks, OK?
Now. we've got money In Parks and Recreation, and I don't Intend to sit here
and let us build a park. Mr. Santiago, and don't put no damn body In It to run
It. OK? So when we start talking In terms of a million dollars - a million,
that's not enough. because If we put the park there and don't put sanebody to
teach the kids hoot to play baseball. what do we got? So, Mr. Manager. I will
not buy that, of no money caning out of C,amnun i ty Deve I opment . Now at 6 : 30
we'll be talking about what we're going to do at Bayside Park - 1 mean
Sayf ront Park - and I Suggest a i 1 of you s I t here. and I et ' s see how we can
split this money up equally In the rest of the City of Miami, and It will not
be Cc iunIty DeveIoprent, OK?
Mr. Santiago: A 1 1 1 ask I S. don't con -re- up w I t h a band. -a i d so I ut I on to the
park. That Isn't going to work. It's going to be putting money down the
drain, and we're going to wind up back to exactly where we are now.
152 September 25, 19W
r
Mr. Dawkins: Well, that's what the Manager said. The Manager said he's not
go I ng to do a band --a I d .
Mr. Odlo: We won't do a'4 band -aid.
Mr. Dawkins: That's why he said he's going to go and acquire the rest of the
land to do something with.
Mr. Odlo: if we don't buy that land, you' I I have the same park as you have
now, totally renovated, but the way they want It we would have to buy that
parcel of land.
Mr. Santiago: You know, the City of Miami has an opportunity that it has
never had In the lifetime of the park. You've got one of the largest
ccnpanIes In the United States, the Edward Garr Is Company, who is willing to
adopt the Roberto Clemente Park as their park, and they will fund most of the
recreational activities In the park. And I, myself, will obligate myself to
assisting In those activities In the park, by, you know, getting monies for
the activities. and providing the needs of the park. But we need the
facilities to be able to use, and we don't have that there now. Thank you.
Mr. Dawkins: That's right. And this Isn't the first year we've asked for It,
right?
Mr. Santiago: Absolutely.
Mr. Dawkins: OK.
Mayor Suarez: Thank you, Fred. You know you have my commitment, and I
believe that of the rest of the Commission. Victoria?
Ms. Victoria Hernandez: My name is Victoria Hernandez. I'm the executive
director of Aspira of Florida, 2902 N.W. 2nd Avenue, and I'm here before you,
Mayor and Commissioners, requesting $10,000 as core support to Aspira's crime
prevention and school dropout prevention programs, which we've operated for
the last five years, having served Over 2,000 Hispanic and Black youths. and
all Of this with your support. This last year we received $25,000, and this
present year we are not scheduled for refunding because of F.R.S. cutbacks.
Because of the City Manager's excellent job this year in saving some money for
the City, I'm asking that you please consider this modest request of $10,000
to help keep our kids off the street and Into seme more constructive, positive
activity. And we've operated in Wynwood, Little Havana, Overtown,
Edison/Little River, and even in the Aliapattah area. So, we request that you
please consider...
Mayor Suarez: You're basically a jobs program and job placement program,
right?
Ms. Hernandez: No. We do referrals In the area of jobs, but mostly It's In
the area of crime prevention and school dropout prevention.
Mayor Suarez: I think the very least the City of M i am I cou I d do i s to fund
your program. You were left out of the Oa mmunity Development process, we
don't know about General Revenue Sharing, and I know that there are 1$10,000
nval-lable, so I move to give you the $10,000 that you need to at least front
part of your program.
Mrs. Kenredy: I second your motion.
Mr. Plummer: Mr. Mayor, i would ask, before you do that, that we hear the
budget In Its totality, so that we'll knout what we have to work with.
Mayor Suarez: I'll be happy to postpone the motion, to be...
Mr. Plsimmer: It doesn't make any...you can make the motion later; but we
don't known what other...
Mayor Suarez: ...considered at that point. But I already know that there are
certain aunts of money in projected reserves, and I know that the City
Manager could find $10.000. Htywever you want.
153 SePte yber 25, 19W
Mr. Dawkins: Yeah, but all we're saying Is that five or six other people are
_ going to be up here for ten thousand, so each time you're going to stop and
say ten thousand. And then Mano is going to tell me his budget Is out of
balance, and then here 1 go again around the horn, so I would ... you know, I "J
think we should watt until we pass the budget and then we know what we've got
to work with, Mr. Mayor.
Ms. Hernandez: Thank you.
Mayor Suarez: Thank you for your presentation, Victoria.
Ms. Grace Rockafellar: Mr. Mayor.
Mayor Suarez: Grace.
Ms. Rockafellar: Members of the Conmisslon. I'm Grace Rockafellar. I live
at 814 N.E. 713t Street, Miami, Florida. I'm president of the Northeast Miami
Improvewnt Association. I think you've all received a letter today signed by
all the civic associations In the Northeast, regarding the small police
station at 7251 Biscayne Boulevard. I was on the Agenda at your last meeting
and asked to have this deferred. So we're speaking to It tonight, and we've
come back with a little better news. We have the building for nothing. It
has 12,000 square feet; It has ample parking place; the sign on their police
station will show up beautifully; It has five offices in It, four of then I
believe are equipped with desks.
Mrs. Kennedy: Where's that, Grace?
Ms. Rockafellar: At 7251 Biscayne Boulevard. It sort of sits by Itself, and
It's a very fine building.
Mrs. Kennedy: Is that an attorney's building? Or...
Ms. Rockafellar: It was an attorney's building, yeah- Kirk Haas' building.
And so we're very happy to say that the building Is not going to cost us
anything - cost you anything, rather, for rent. And we're here so many times,
and we've gone hone so sad so many times, we hope this time that we get...
Mrs. Kennedy: I'm sorry, Grace. Is that what they were giving us for $600 a
month?
Ms. Rockafellar: Yes.
Mrs. Kennedy: OK. And now, I understand, we're getting It for free. so
we're asking you tonight to pass this motion for us.
Mr. Plummier: The further request that 1 had was not for a policeman, but for
a PSA. I'm assuming that's part of the request.
Ms. Rockafellar: if It has some people In there that can take calls, and the
very thought ... Now we know you have a mini -station at Domino Park, and Little
Havana, and you're going to put a substation In Liberty City and in Little
Havana. and, fine. We're just asking for this small mini -station In our area,
because If you notice on that brochure, the number of crimes, the calls for
help. We're number two In the whole area, of the whole City of Miami, and we
badly creed this, and we'd greatly appreciate your support on this.
Mr. Carollo: If I may, I'd like to make the following motion. I'd like to
make the motion that we apt the Offer on the conditions that It be for a
one year trial basis. We would man It with either officers that are assigned
to Ilght duty - public service aides - and that we have volunteers from the
neighborhood Crime Watch or other areas of the neighborhood, to work and help
and man that station; and that any other location In the City that wants to
provide free space and people to man It, that we do the same for then.
Ms. Rcckafellar: I would like to call on...
Mrs. Kennedy: I second the motion.
154
Mayor Suarez: Moved and seconded. City Manager?
Mr. OdIo: That means they have to give us a building at no cost to the City
so that we don't have to go I n there and expend $20, 000 f i x i ng the p l ace up
to...
Ms. RockafeIIar: Weil, we're not going to furnish the phones and everything
else. We're lucky to get the building.
Mr. Odlo: I don't want to have to spend Improvement monies Into the building
to be able to use It.
Ms. Rockafellar: The building's a good building. They had a law firm In It
before.
Mr. Odlo: OK. No, no, I Just want to put It...
Ms. Rockafellar: 1'd like to have Dan talk to you - Dan Richman...
Mayor Suarez: Before you place an Impediment on the whole process...
Mr. Odlo: I - I'm not.
Mayor Suarez: Well, you're heading In that direction, Of, you know,
expenditures. Please check with me because we can get that contributed, and
there would be people. I'm sure, that would be willing to do the improvements,
and other people would be willing to pay for whatever equipment...
Mr. Odlo: Mr. Mayor, I agree with you, but I also ... You are setting a
precedent, and I'm Just...
Mr. Carollo: Well, let me tell you why I made the motion.
Ms. Rockafellar: The precedent was set In Little Havana - with a mini -
station.
Mr: Carollo: No. There's a difference.
Mrs. Kennedy: I wish we could establish a lot of precedents that way, of
people donating buildings.
Mr. Caro l l o : Can 1 make a statement now, now that we have a mot Ion and a
second and It's open for discussion before the Commission? The reason I've
done this. Grace, is because sometimes the only way people are going to learn
Is when they fall on their face. And I'm telling you now, I'm going to see
you here next year and there's not going to be any significant change In the
crime In that area If that's all we're going to do.
Ms. Rockafellar: Commissioner Carollo. we appreciate that, but, by the
same taken, would you vote to move the one out of Damino Park and Little
Havana?
Mr. Carollo: Well, there's no mini -station there, Grace. You have a movable
van.
Ms. Rockafellar: Well, the reason we don't want a movable van...
Mr. Carollo: And I to l I you, In the severa l months that that van has been
there. there hasn't been any drop -tiff In crime. And that was done for the
sole, exclusive benefit of a handful of merchants near that park. It hasn't
affected the crime statistics whatsoever In that whole sector. But I'II tell
you this, Grace. I'm not Interested In bringing up Issues, In making
promises, in doing things that are going to be good for one election after
another. What I'm Interested In Is doing things that are going to be good for
the City for a long period of time. And this Issue of the mini -station, it's
a false issue that's only good for one election. from one period to the next
ee 1 ect i on . And one you get over that hurdle. It's goI ng to be another now
Issue that's goingr to be a teq,)orary solution. The problem with crime In this
City Is not go i ng to be solved with a em i n i -stat I on being p 1 aged in different
neighborhoods. Every other major city In the gantry that has tried It, with
the "sception of possibly one that said they had success - and I have
some big difference In the numbers they've given - mini -stations have not
worked. Atlanta, which Is one of the main cities that have mini -stations, it
did not work In Atlanta, Georgia. It hasn't worked In scores of other major
Cities around the country. And the reason is, that a mini -station, or a
sheriff's office, was great back In the days of the wild west, when you didn't
have the camiunlcations that you have today. But In today's time, where every
pat roI car reaIIy Is a movIng mInI-station, when you have the caTmun I cat I ons
that you have today, I f you have a cr Ime 1 n one area they' I I ca I I a PO I i ce
vehicle and they'll go there - that just doesn't work any more. What you
need, to control and curtail crime, are police officers, in marked or urmarked
units, physically In neighborhoods with their presence, to curtail crime, but
actively. You need officers on foot patrols. You need additional
Investigators. That's what you need. Now, if you recollect, Grace, when I
told you that I would make this motion, I wanted a ca mitment frcxm the leaders
from the different groups In that area - a public cornmitment - that if after a
year the crime rate did not change significantly In your neighborhood, Iike
scree of you feel that It might, that that would be the last that we hear about
this whole Issue from the particular leaders of that area.
Ms. Rockafellar: Well, you're asking me to make a ccmnI tment to what
Commissioner? We're dealing with the Mayor and four Commissioners.
Mr. Carollo: We I , Grace, I f you don't want to I Ive up to, you know, your
word, that you said you would, that's fine.
Ms. Rockafellar: Ccmmissioner Carollo, let's get on with the hearing, huh?
Mr. Carollo: Well, Grace, you know, I was just repeating what you stated to
me over at the meeting that we had there the other night. And I ' I I tell you
right now, Grace, you know, I don't give a hoot about running for Mayor, about
running for Corrmissioner, or anything else - as long as I'm sitting here I'm
going to do what I think Is best for this community, what my conscience
dictates to me Is best for this community, and if people don't Iike It, they
can boot me out. That's fine. But at least while I'm here, I'm going to do
what my conscience tells me; I'm not going to do what mob rule dictates. And
that's the bottcn line. And I'm the only member of this Cammission that not
only was a law enforcement officer for four years, but has several degrees in
the area of criminology and criminal justice - college degrees; and is the
only one whose IIveIIhood Is in the area of security. So I think 1 do know a
little bit about the issue.
Ms. Rockafeliar: Thank you, Mr...
Mr. Dawkins: But you don't have a police light in your car,
Plummer.
(Laughter)
Iike J.L.
Mr. Carollo: No, I do not.
Ms. Rockafellar: Thank you, Mr ... Thank you. Commissioner Carollo. Thank you.
Mr. Carollo: I do not. And I think that Mr. Plummer happens to agree with
most of what I said, too.
UNIDENTIFIED SPEAKER: Mr. Carollo, the groups of the Northeast thank you very
much for your vote.
Mr. Carollo: Well, 1 just hope that you understand what I'm saying, so that
next year, when we cone back, you know, our communications are quite clear.
Mr. Dawkins: Mr. Mayor, Manager.
Mr. Odlo: Yes, sir.
Mr. Dawkins: During the budget hearings, It was suggested or said that one
million dollars would be earmarked to fight crime. Is that still In effect?
Mr. Odio: Yes, sir. What we have to do today Is transfer those funds Into...
Mr. Odlo: Yes, sir.
Mr. Dawkins: A11 right. It was also stated that we would purchase X number
of police vehicles. Is that correct?
Mr. Odlo: Yes, sir.
Mr. Dawkins: Is the money In place for that?
Mr. Odic: Yeas, sir.
Mr. Dawkins: Olt, as we move Into this budget?
Mr. Odin: Yes, sir. The money that we're using to buy the equipment, Just
for the record, was voted by you at the meeting of June or July, I don't
re wriber .. .
Mr. Dawkins: Carmissloner Carollo first said 20 vehicles, and then we added
the rest.
Mr. Carollo: No, 50 vehicles.
Mr. Dawkins: Yeah, 50 vehicles.
Mr. OdIo: We will buy the vehicles that he wants, so people can take then
home. As a total package of what we're doing, the money Is in place to buy
this equipment, all that we need. But It's not In this budget - It's, a
separate amount of money.
Mr. Dawkins: Beg pardon?
Mr. Odio: We have the money In the bank, separated from this budget.
Mr. Dawkins: For what?
Mr. Odlo: For buying equipment.
Mr. Dawkins: Where Is the million dollars?
Mr. Odio: To buy equipment?
Mr. Dawkins: No, no, no. The million dollars that we were going to put in to,
fight crime.
Mr. Odio: They will be put Into the police...
Mr. Dawkins: It's In this budget, right?
Mr. Odlo: Yes, sir.
I& Dawkins: see, but I'm saying this because I want people out there to see,
when I vote not to give Aspira $10,000 I'm talking about a million dollars to
fight crime, and I just don't have It.
f
Mr. Odlo: Let me clarify...
Mr. Dawkins: No. see, I'm IIke Joe - I don't pull no punches. And IIm not
going to sit up here and Ile to people. OK?
Mr. Odio: You're not.
Mr. Dawkins: All right. We say we're going to Out a million dollars in the
fight on crime. OK?
Mr. Odlo: Yes, air. The Police Department...
Mr. Dawkins: Noiv, wNm acmebody te:IIa me that they want ten mIIIlon dollars
for Aspira, an we've already agreed for a million dollars for crime. I don't
have I t - un I ea s you to l l me you gat I t , OK?
157 Sopturber� 25. 1 s,
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77
Mr. Odlo: Yes. sir. The budget for the Police Department has been Increased
to 74 million. whatever the total figure Is, to cover the million dollars that
you voted, that you wanted In there.
Mr. Dawkins: All I want to know Is that you got ... see, we pranised that we're 5
going to fight ... we got a million dollars to fight crime.
Mr. Odlo: Yes, sir.
Mr. Dawkins: OK?
Mr. Plumper: Haw much of that Is coming from the Law Enforcement Trust Fund?
Mr. Odio: I don't remerber the figure. Not the million dollars. We found
the million ... we transferred the million...
Mr. Plurmer: Well, there's $640,000 In the Law Enforcement Trust Fund, Is
that correct?
Mr. Odio: Yeah, we have six hundred... about...
Mr. Plummer: OK. And why, then, would you explain to we, that that money is
not used - being used - to purchase vehicles, which Is totally acceptable
under the guidelines.
Mrs. Dougherty: They are.
Mr. Odio: We will, we will. But the total purchase of equipment Is more than
what we have In the Law Enforcement...
Mr. Plumper: So what you're telling me, then, Is the six hundred ... that that
fund will be depleted, and you will then make up the difference.
Mr. Odio: Yes, sir.
Mr. Plummer: So it's starting from zero once those cars are bought.
Mr`. Odlo: Yes, s i r.
Mr. Carollo: Who Is here from the Police Department, please?
Mr. Odio: I can get the Chief down here for...
Mr. Carollo: Can you make sure that, by Monday, we'll get the statistics.frem
the area of Little Havana. the sector where that mobile van is stationed at?
Mr. Odio: Yes, Sir, I will do that.
Mr. Carollo: It's been there for how many months now? Three, four? At least
that. If not more.
Mr. Odlo: It's been longer than that, as 1...
Mr. Carollo: If we could get the statistics...
Mr. Odlo: I will do that.
Mr. Carollo:
there one bit.
Because 1 know It's going to show us that crime hasn't changed
Mr. Odio: Yes, sir, I'll provide you with that by Monday.
Mayor Suarez: Well, I'll tell you, you made a point about the guy being
InsIde the van. We had a 1Itt1e problen with that, and I went Ioned that to
the City Manager, that someone actually was harassing the guy when he walked
outside of the van. And I think that's been resolved, because the whole Idea
Is for him to be outside of the van, walking around the neighborhood.
Mr. Alblo Castillo: Excuse me. My naffe is Alblo Castillo. I've been coming
here for ten years, believe It or not, as a citizen. I'd like to know If the
City of Miami's going to continue to build white elephants You want me to
give YOU Cxwo les? I will give you examples.
e
Mr. Dawkins: Yes, I do.
Mr. Castillo: The ,lames L. Knight Center, which Is now.
Mr. Rlummr: out wait a minute - we like white elephants.
Mr. Castillo: I know that you do. I know that. But there's my taxes and
your taxes. I know you do. I know you do. Especially this one, the Shara
La, S.S. ShangrI -La, which there you could have the funds for police cars.
Mr. Carollo: The what, now?
Mr. Odlo: Excuse me, sir, you are misinformed. The U.S.S. Shangri-La has not
been approved.
Mr. Castillo: It's not?
Mr. Odlo: 1 can read. the same as you can.
Mr. Castillo: So do
Mr. Odlo: If you read that article, as 1 read it, It says there that It's at
no cost to the City of Miami. Now, will you please read, and then make the
proper statement.
Mr. Castillo: 1 hope it's no cost. But, then, what about the N.B.A.?
Mr. Odlo: No. don't hope - read the article.
Mr. Caro IIo: Now that's a good Idea. They could play basketball on top of
the carrier.
Mr.
Castillo:
That's not a bad Idea!
Mr.
Carollo: We could save money. We could save money on the collseum.
Mr.
Castillo:
Yeah, and charge them six dollars. That's not a bad idea..
That's another
white elephant - the N.B.A.
r
Mr.
001o: What N.B.A.? You mean the National Basketball Association?
L
�r
Mr.
Castillo:
Right.
Mr.
Odlo: It's a white elephant?
Mr.
Castillo:
You signed tentatively the contract, If I'm not mistaken.
Mr.
Odlo: Not
for an N.B.A. team, we didn't.
Mr.
Castillo:
Not yet? Well, we're lacking on ticket sales.
A
Mr.
OdIo: No.
we're going to build an arena, If that's what you're talking
about.
Mr.
Castillo:
Right. That's what I mean. That's going to be another white
elephant, like
Sayside.
Mr.
Odlo: No.
Bayside's a ... OK -Yes. OK, you're right.
Mr.
Castillo:
I know. I'm Just saying, there's where my taxes are going.
That's where my taxes are going in some areas. If that that gets, It's going
to be another Bayside. And It's 60 percent occupancy, minority.
Mr. Carollo: There's a - excuse me for a minute; we'll get right back to
you - there was a motion and a second made.
Mayor Suarez: We haven't voted on the motion yet. There was a motion and a
second and we never voted on It.
Mr. Dawkins: For what?
159
77 ....;
{ ..
Mr. Plummer:
But It's not during budget. It's not a budget Item.
Mr. Castillo:
It's not? What about the...
Mr. Carollo:
We'll pick It up later, If you want, whatever.
Mr. Castillo:
No problem, sir. What about buying better po I I Ce eW I Pnent .
like the walkie-talkie
they use? A police officer can run with those walk le-
talkies.
Mr. Dawkins:
Where's J.L.? J.L.'s responsible for that.
(Laughter)
Mr. Cost IIlo:
Well, the police officer cannot run If he has to, on those
microphones.
Mr. Dawkins:
Well, they'll tell you...
_ Mayor Suarez:
Cannot what? I'm sorry.
Mr. Dawkins:
They'll tell you J.L. recamiended a Motorola. J.L., J.L., yeah.
J.L.
Mr. Castillo:
They can't run with that.
Mr. Dawkins:
See J.L. He mostly...he represented. He...
Mayor Suarez:
They can't run with it?
Mr. Castillo:
No, sir! It hits the shoulder.
Mr. Carollo:
Yeah, well, Radio Shack does make a cheaper model, you're right.
Mr. Castillo:
That's right.
Mayor Suarez:
I see Sergeant Webb back there testing It out, ready to run at
a moment's notice. clumsy OK, anything else?
Mr. Castillo:
That's it.
Mayor Suarez:
Thank you.
Mr. Dawkins:
Thank you.
Mayor Suarez:
Reverend.
Mr. Dawkins:
Reverend Dunn?
Ms. Hirai: Excuse me. Are we going to vote?
Ms. Rockafellar:
Are you going to vote on my motion?
Mr. Dawkins:
No, after ... sorry, I'm going to let the Mayor run this.
Mayor Suarez:
I believe the Cavmissloners want to wait to vote for It at`
a ... along with
the rest of the budget. I'm not sure why, but...
Ms. Rockafellar:
Wei I, this Isn't costing them. We're getting the building
for free.
Mayor Suarez:
I fully agree with you. I'm ready to vote on it now.
Ummissloners, do you want to Just vote on it and get It over with?
Mr. Dawkins:
it's not a budget Item.
Mr. Carollo:
Do we have a full Co mission here, or not?
Mayor Suarez:
Want to wait till Commissioner Plummer comes back, Grace.
Ms. Rockafellar:
OK. fine.
160
Mayor Suarez: The Reverend?
ReW. Richard Dann: I'm Reverend Richard Dunn, of the Edison/Little Haiti
Community Association, and I'm here also on behalf of the parks In our
cta rmun I ty. . I wou I d I I ke to see scxne funds a I I ocated , I n wr I t I ng , because we
don't have any program at the Athalle Range Park and at the Buena Vista Park,
which is also lofted In that particular area. And the crime rates are very
high. And I'm convinced that If we have more viable programs for our youth
and our children. this would at least curb the children from growing up Into a
high life of crime, so I'm asking that the City Manager...
Mayor Suarez: That's a good question. Mr. City Manager, do we have any new
programs for use of the parks, to Involve our young people, that we didn't
have on last year's budget?
Mr. Odio: Well, that's not placed on the budget as programs. We have
recreation people In each park. We did change the system this year, where
we're assigning people to those parks on a permanent basis, which we didn't
have before. They will begin to develop programs for the kids, earmarked for
that particular neighborhood.
Mayor
Suarez: But you can't announce any additional, new programs that we
didn't have the year before? And that's not, that's not...
Mr. Odio: What we're trying to do, and I discovered - 1 made a tour of the
parks about two weeks ago sir, and you're right - and we discovered that we
had six brand-new racquetball courts In a park that nobody uses...
Mayor Suarez: Which park is that?
Mr. Odio: Hadley. Nobody uses those, and they're brand new, and some other
parks are crying for racquetball courts. What we're trying to do Is earmark
the recreational programs to the particular park In the particular
neighborhood, so that it meets the needs of that neighborhood. And we have
the Parks people here. Kathy? You want to say what you're doing - what
you're going to do?
Rev. Dunn: But 1 would like to know how much money, or how much funding will
go to the Athalle Range Park and the Buena Vista Park. That's my concern.
Mr. Odio: Athalle Is the Edison Park, right?
Rev. Dunn: Right.
Mr. OdIo: The first thing we have to do Is to fix up that park. It's a mess.
I'II admit that to you, that's the worst park...
Mayor Suarez: What about fro'n Operating, though? That's capital
-Improvements. What about frcn Operating for that park? Is the .budget
Increased for those two parks, and If so, how Is It going to be used?
W. Walter Golby: At the present time we're looking for about $1,040,000-to
be used In this particular park. It's broken down on the basis of... _
Mayor Suarez: 'in which particular park. Walter?
Mr. Golby: This Is...
Mr. Odlo: Athalle Range.
Mr. Golby: The Range Park.
Mr. Dawkins: A million forty dollars?
Mr. Golby: A million...
Mayor Suarez: As opposed to how much the prior fiscal year?
161 Wtember 26. 19ft
2M
Mr. Dawkins: A million what?
Mr. Golby: Pardon me?
Mayor Suarez: Just give us the figure eanpared to the prior fiscal year, if
you would.
Mr. Golby: I don't have a figure against It...
Mr. Odio: What he's talking about Is capital Improvements. We had zero
dollars the prior years to that.
Mr. Dawkins: A million what, Mr. Golby?
Mr. Golby: This is what we are planning to put Into the particular park under
this capitol Improvement program.
Mr. Plumper: Where's the money caning fran?
Mr. Dawkins: How much money?
Mr. Golby: For this particular park, $1,040,000.
Mr. Dawkins: One million, forty thousand dollars. OK?
Mr. Plummer: Where Is the money caning from?
Mr. Dawkins: OK, what are you going to do with It?
Mr. Golby: We've broken this, basically, dawn Into the areas of fencing,
Irrigation, resurfacing, lighting, and a new swimning pool complex.
Mr. Dawkins: Building a whole new swimming pool?
Mr. Golby: Yes, sir.
Mr. Odio: Brand new, sir, yes sir.
Mr. Dawkins: With heat? Heated?
Mrs. Kennedy: How old is the one there?
Mr. Odio: The one that's there was built in 1926, 1 think. Correct me If I'm
wrong. Fifty-three or sanething. And it's In terrible shape. That is one of
the worst parks that we have.
Mr. Dawkins: Will It be heated?
Mr. Odlo: We don't need any heat In Miami. It's warm weather. No, we're riot
heating It.
Mr. Dawkins: I mean, you know - why, If you're going to build a new, modern
pool, let's go all the way.
Mayor Suarez: How many - wait, we might resolve It right here - How many
months out of the year Is it going to be open? The pool?
Mr. Golby: Basically, the large number of months, of course. Is during the
$u mner , dur I ng the surer program.
Mayor Suarez: The summer. They don't even open It most of the year.
4
1 Mr. Dawkins: All right. But, If It were a heated pool, you could came right
there Fran - what's the name of that ... Edison. what's that little school next
door to Range Park?
Rev. Dunn: Edison Park.
i W. Odlo: Edison Park.
s
102
t ! +• "
t
Mr. Dawk Ins: You cou I d ocxme from Ed 1 son Park and have swimming lessons, I
don't care what the weather Is; and we could teach more kids to swim.
Mr. Odlo: (cnTmissloner, you're right. We will.
Mr. Golby: We'd probably get more use out of the pool If It was, yes.
Mr. Dawkins: And since you're going to spend a million forty, you may as well
put forty more thousand with It and spend a million eighty thousand, and heat
It.
Rev. Dunn: OK. But 1 didn't hear anything concerning the staffing and
programming too.
Mayor Suarez: Flaw about that for those two parks - any Increased staffing?
Rev. Dunn: Buena Vista - the Buena Vista Park - as far as I can recall, I
don't think they have any kind of program. Any. They've never had any.
Mayor Suarez: What staffing do we have at Buena Vista Park?
Mr. Golby: Right now, we're reviewing all the staffing of all the parks.
Mayor Suarez: Before we finish the review, what staffing do we have, Walter?
What have we had during the past year? By the way, of the 105 parks,
approximately, that the City has, how many are, in fact, staffed, at all?
Mr. Odio: We have a full -time Recreation Specialist In that park, plus the
part-time people necessary to fill in the different kind of activities we have
there. I will admit to you that we don't have that many activities, because
the park Is In very bad shape. The tennis courts, when they are used, are
used by the school across the street. They are in use after three o'clock
every day. The field - the kids should not play there until we Improve that
softball field - It's In terrible shape. So the first priority there is to
fix this park so that the kids can be safe there. The park is highly used by
the schools, and that was part of the agreement we're trying to get with the
school system to pay for the maintenance of that park, and so that we can free
up our people to dedicate on activities. She can list to you, if you wish, in
private, what the activities are that we have in that park. Recreational
activities.
Mr. Dawkins: What do you mean, we're trying to get the School Board to accept
responsibility? What are you saying?
Mr. OdIo: Well, we brought an agreement to you In the last Commission meeting
for $88,000 a year. You Instructed me to go back...
Mr. Dawkins: No, we told you, I think - If I'm In error, the Canmission
correct me - that if the school did not want to maintain the park, they
couldn't use It.
Mr. Odlo: You told me that, sir. We have ccmnunlcated to Leonard Britton
that..
Mr. Dawkins: Well, you're not trying. You're telling then.
Mr. Odic: Yeah, we - we are.
Mayor Suarez: You don't have any simple table that mares staff In the
parks from this year to last fiscal year? You can just give us a simple
answer?
Mr. Odlo: I'm telling you. It's the same people. There Is no change.
Mayor Suarez: For Buena Vista?
Mr. Odlo: Buena, Vista Is not a manned park.
Mayer Suarez: OK, so, how many parks are, In fact, that fiave any personnel -at
all?
i
F.
i
163 SePtelmbar 25, 100 Y.
Mr. Odlo: We have 46 parks that are highly used and they're at I manned. I
can tell you that, the 46.
Mayor Suarez: The other parks don't have anybody, except people that maintain
them?
Mr. Odlo: That's correct.
Mayor Suarez: And both of these parks have no Increased personnel or hours or
supervision from last year's fiscal ... from last fiscal year to this fiscal
year?
Mr, Odlo: None. But the system...
Mayor Suarez: But what Is - wait, watt, waft - What Is the overall budget
Increase for the Parks and Recreation Department, from the prior fiscal year
to this one?
Mr. Odlo: What Is the budget Increase?
Mayor Suarez: Glad nobody has them memorized.
Mr. Odlo: Four hundred thousand more, In Operations.
Mayor Suarez: You mean the prior fiscal year and the present fiscal year - so
people have an Idea what figures we're talking about.
Mr. odio: $400,000 for Recretion this year.
Mayor Suarez: What was Iast years' fiscal budget and what is this fiscal
years budget for recreation? Give us the absolute amounts. So that people have
an idea what figures we are talking about. It's not enough to say....
Mr. Manohar Surana: The budget for '86 was $9,315,408. Budget for '87,_
$9,704,136.
Rev. Dunn: Excuse me, you said 950?
Mr. Surana: Nine million.
Mr. Odio: Nine million dollars.
Mr. Surana: Nine million, total budget for parks.
Rev. Dunn: Wait a minute, I'm talking.,.Oh, you're talking about tots] but
I'm specifically talking about the Edison Park. What was the budget last year
for Edison?
Mr. Surana: We don't budget by parks.
Mr. Dawkins: That's why the parks look like hell.
Mayor Suarez: That's about a four percent Increase.
Rev. Dunn: What I'm saying - see, what I'm Concerned about Is, sure, that
nine million Inerease sounds great, but are we going to get a altoe of the
pie?
Mr. Odlo: het me explain. We have a full-time Recreation Specialist In
Edison Park - or Athalie Range.
Mayor Suarez: What programs does he run?
Mr. Odlo: As we increase programs, the way we're doing it now in the Parks
Department, we use part-time people. Just for the time that we need them
there for a particular activity. and then they go home. Now...
Mayor Suarez: Mr. City Manager, Just to give an example again, In the Edison
Park you mentioned one full -tire staff person. What programs cloes that staff
person for that particular park have? Go they have basketball programs. or do
they have just ...we l i , what des they have?
154 Septerber 26, 1i
P
Ms. Kathy Noble: Mainly sports -related programs at this point In time.
Mayor Suarez: Can you think of one? And how many people participate, or is
1 t Just poop I e cxam i ng to the park. I 1 ke, to use the park fac 1 I I t I es but no
organized prograws.?
Mr. Dawkins: Let me tell you what you're ... Let me answer for the Mayor, since
nobody else don't seem to want to answer. Hadley Park one full --time person
to clean up, one guy to handle sports. That one guy handles basketball,
baseball, soccer, football, swimming, you name it. The other guy stays in the
house and cleans the area. He handles ping-pong, that little thing the kids
shoot with the - pool, and what have you. So that's what It Is.
Mayor Suarez: Any leagues that play at all at Hadley Park - as long as the
Camnissloner Is referring to Hadley Park? What sports?
MS. Noble: We have leagues all over the City. We have a full-time Citywide
sports person In charge.
Rev. Dunn: At Athalle Range Park?
Ms. Noble: No. Citywide. Citywide sports.
Mayor Suarez: What sports are played In a league format at Range Park ... at
Charles Hadley Park? I've never seen anything that looks like a league going,
you know, play going on there.
Mr. Dawkins: Basketball.
Ms. Noble: Basketball and baseball.
Mr. Odio: Basketball and baseball, we have at Hadley Park.
Mayor Suarez: What months Is the basketball?
Ms. Noble: The winter months, 1 believe.
Mayor Suarez: You believe? Does somebody know?
Mr. Dawkins: They came and get then and take then all over the City. But
there again, coning back to what he says, Range, and Clemente Parks they
don't get picked up. By the way, what's happening with the clay court at
Moore Park?
Mr. Odio: We earmarked a location between the day care center and the tennis
center, so that they can build the clay courts there.
Mr. Dawkins: And It will be completed when?
Mr. Odlo: Hopefully In this year.
Mr. Dawkins: Beg pardon?
Mr. Odlo: In this year, we have the money, and we are In the process...
Mr. Dawkins: Yeah, we've had the money for two years.
Ms. Noble: They are doing the building.
Mr. Odlo: They are doing the building themselves.
Mr. Dawkins: They who going to build It?
Mr. Odlo: Those contractors - the People that are donating the court$,..Adler
Group - they will build the court for us. We had to tell then where to put
It. and they are In the process of doing It.
Mr. Dawkins: And did we tell them where to out It?
Mr. Odlo: Yes, sir.
165
1 'N'.�viT.L.v'�`�"i�''4i4'^i:°?'S+SNv:rw�-v' .�•�_ 'af"n'._.f_',- _
Mr. Dawkins:
can call him?
Can 1 get that In writing, and a carbon copy to Mr. Adler so
Mr. Odlo: Yes, air.
Mr. Dawkins: Thank you.
Rev. Dunn: Mr. Mayor and fellow Comnlssloners, I'd IIke to suggest...
Mr. Dawkins: too ahead. I'm sorry, Reverend Dunn. Go right ahead, Reverend
Dunn.
Rev. Dunn: OK. 1'd like to suggest that perhaps me and Mr. Santiago, who
represents the Roberto Clemente Park area, and those of us who are with the
Edison/Llttle Haiti Cm runity Association get together with the Park Director
and the City Manager to see to It this year that we do get samething, because,
you know, we're serious about this. We receive pranlses, but we never get any
kind of a...
Mr. Od1o: 1 don't r r promising you anything, but I will be glad to meet
with you as soon as possible, so that you get what you need to get, because
that's what we're here to do. But I never promised you anything.
Rev. Dunn: I'm not saying you pranlsed.
Mr. Odlo: Nobody here has ever promised.
Rev. Dunn: I'm Just saying the City has promised, for years.
Mr. Odic: I don't believe so. I don't believe so.
Rev. Dunn: See, money has - that's what I'm concerned about - money - I've
understood Just from the conversation today that money has been earmarked for
these parks, but I've never seen any organized activities In the Athalle Range
Park.
Mr. Olio: Well, you might be right.
Rev. Dunn: So where's the money?
Mr. Odio: What we need to do Is meet with you...
Rev. Dunn: OK.
Mr. Odlo: ...and resolve this. Because this is not a problem of money.
Mr. Carollo: What percent of our city-wide budget goes Into police and fire?
Mr. Odlo: You've got $74,000,000 for police, and $32,000.000 for...
Mr. Carollo: No, the percentage.
Mr. Odlo: It's almost SO percent...
Mayor Suarez: It's about 40 percent.
Mr. Odlo: Forty percent, somewhere In there.
Mr. Carollo: Between police and fire?
Mr. Odlo: Forty percent, almost. It's fifty - I was right.
Mr. Caro IIo: Yeah, that's what I thought. Well, that's where 50 percent of
our budget goes to.
Mr. Odlo: Yes. Yes, sir.
Mr. Carollo: It's a little point that I'd like to make out. And I think It's
the main responsibility of any government, the protection of life and
property. mow' that we have a ... we l I , I third,, M I l l er ' s right next door,
but —There's a motion and a second that we have made. Before we; vote upon
that, I'd I1ke to - you know, sometimes when scene is thirsty. they don't
-;
Septwober 25, 1
i j';
realize that, you kncr.v, by drinking more than one or two glasses of water
they're onIy going to get sIck, so I reaIIy want to make sure that those who
are thirsty for mini --stations really have all they want. And since Xavier
feels, and he's prcmIsed everyone that this Is going to be the solution for
Crime In this City, I want to give him the opportunity to solve the crime
problem with mini -stations in the City of Miami, so that we're not blamed that
we weren't helpful to him In solving the crime In the City, In not voting
along with mini -stations. 1 want the City of Miami to advertise, in
newspapers, In radio and television, that any neighborhood, every few blocks,
you know, every b I ock for that matter, that wants a m I n I -scat I on, that they
could have one as long as they provide the space for It, free, and provide
some people to help man It. That's what you've been asking for, Xavier,
hasn't It?
Mr. Odlo: May I say what Mrs .... You Just told we that your husband had said -
Mr. Engleton, right? - that they have volunteers that are willing to man...
Mr. Carollo: I'm not talking about this one.
Mr. Odio: Oh, I'm sorry.
Mr. Caro IIo: This Is one of the points that we mentioned as a condition for
this station, and I know they have sore people there. They're well organized
In that neighborhood. But I'm saying to open It up, so that everyone across
the City of Miami can have the same thing - every little storefront
everywhere. Let's have mini -stations everywhere in the City. Mr. Suarez has
said that he had scores, dozens of places that have been donated to him where
we could have minl-stations. Let's call up all those people, let's tell therr
all they can have a mini -station, as long as It's free, like he says he has.
Let's see what's going to happen between now and next September in crime.
Ms. ROckafellar: I'm still waiting for a vote On my motion.
Mr.. Carollo: Can we call the roll, Madame Clerk?
Mayor Suarez: I guess we ought to wait for Ccnmissioner Dawkins, as long as
we're...
Mr. Dawkins: What's on?
Mayor Suarez: Are you there?
Mr. Dawkins: Yes, Sir.
Mayor Suarez: Let's call the roll on the mini -station, 7251 Biscayne
Boulevard.
The following resolution was Introduced by Commissioner Carollo, who
moved Its adoption:
RESOLUTION NO. 86-777
A RESOLUTION APPROVING, IN PRINCIPLE, THE OFFER OF
FREE USE OF A BUILDING AND PREMISES LOCATED AT 7251
81SCAYNE BOULEVARD, MIAMI, FLORIDA, FOR PLRPOSE OF
OPERATING, A POLICE MINI STATION AT SAID PREMISES.
(Here follows body of resolution, ornItted here and on
file in the Office of the City Clerk.)
Upon being seconded by Conmissloner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Ommissloner Joe Carollo
Om missIoner J. L. PIumer, Jr.
Commissioner Rosario Kennedy
V i c e-*Myor M 1 1 1 er J. Dawk 1 ns
Mayor Xavier L. Suarez
NOES: None.
ASSENT: None.
167 Septarlber 25, 19W
ON ROLL CALL:
Mr. Plumper: With the understanding that It is an experimental try for one
year; with the understanding that It Is absolutely free to the City of Miami,
and it will be staffed by either ... well, excuse me, that which was not free,
the Mayor said he would get donations, and 1 accept that; It would either be
staffed by a PSA or an officer on light duty, I vote yes.
ON ROLL CALL:
Mr. Dawkins: As experiment for one year and at no Cost to the City, yes.
Mr. Carollo: Mr. Manager, do we need a motion from this Camtission Or not,
for you to advertise In the newspaper for the people that want minl-stations
In their neighborhoods to be able to have one also?
Mr. Odlo: No, sir.
Mr. Carollo: OK. So you can start doing that imnedlately, right?
Mr. Odlo: Yes, sir.
Mr. Carollo: Very good.
Ms. Rockafellar: Mr. Mayor, on behalf of all the citizens in the Northeast,
we want to thank all of you on the Cam IssIon. Thank you very much.
Mr. Carollo: Good luck, Grace.
Mr. Odlo: Grace. I don't want to see you for a year. I don't want to see her
for a year.
(Applause)
J
Mr. Dawkins: Miss WlIIiams.
Mayor Suarez: I had a feeling we'd hear fran you.
Ms. Laurie Weldon: Good evening. My name is Laurie Weldon. I'm the.
Chairperson of the Edison/Little Haiti Ommunity Association. on September
4th, 1986, at 7:30 P.M., 1 asked the City for police patrol - Increased police
Patrolling - In my area - a foot patrol and a mini -station. You've given me
the conditions for the mini -station and I'm not going to go into that.
However. I was told at that time that Increased patrols and a foot patrol was
Impossible because of the shape the Police Department was in as far as
manpower and budget, and that's why I'm here. 1 want to make sure that the
Pollee Department Is given more than adequate, the funding they need. so that
this City can feel adequately protected, and high crime areas such as mine can
be suffIcIentIy patrolled and poIIced. Now, Ms. RockafeIIar has succeeded In
getting a mini -station because she has a place. 1, at this point, don't, but
1 will work on it. But at any rate, It Is the City's responsibility to
protect life and limb of the residents In the City. Actually, I feel It's
unfair for you to tell me I need to go find sanepIaCe to put someone In my
neighborhood to protect me; but you said It, I'll do It. At least I'll try.
But `like I said, If the Police Department needs an Increase In budget to
Increase patrol and allow me to get a foot patrol, I want you to do that, OK7
She has a mini -station. Weil, right now, I want to ask you for increased
patrolling and a patrolman In that area. because It Is a high crime rate area.
Mayor Suarez: Mr, City Manager, let me ask a question on that. A lot of
times people are given an answer when they ask that question, about foot
Patrols. that we have Park and Walk programs in different parts of the City,
.:
and then they ask, "Where in different parts of the City? - and then the
answer typically Is, "Where People have reWersted It," because they have
cxm1ained a lot about crime, and so on. Now, can that not be done for her
ne i ghborhocad? How many times does she have to refit I t , or how many times
does she have to Call, before we'll respond and assign a Park and Walk?
Mr. Odlo: That's the first time I have heard of this. I...
st
168 Seipteriber 25. 1
=
us
Mayor Suarez: No, no, rtO, no, no. You heard of It the other night, right at
the church, for about two hours.
Mr. Odlo: Oh ... Park and Ride?
Mayor Suarez: Well, foot patrols, which Is - the closest thing we have Is
Park and Walk, 1 min, you know. Maybe it's Park and Run, I don't know.
Mr. Odlo: 1 prefer for her to meet with the Chief who Is In charge of the
Police Department, and he knows...
Mayor Suarez: He was there. For the two hour presentation.
Mr. Odlo: Mr. Mayor, the Chief knows how he Is patrolling the City. I cannot
sit here and tell you where he Is assigning his men to patrol. and If you want
to, I can get an answer from him.
Mayor Suarez: That would be helpful.
Mr. Odlo: I will.
Mr. PIurmer: Mr. Mayor ...excuse me, are you finished?
Ms. Weldon: No - what I want to make sure Is, If the funding is there, there
should be no problem In him putting a patrol or a foot patrol In my area.
Mr. Dawkins: The only thing - see, I always cone up being negative - but we
had a hearing the same night In Wynwood that we had a hearing with you, and at
both hearings the people demanded the same thing. They wanted more police
protection. They wanted more economic development. They wanted more social
services. And I ' I I tell you IIke I told you then - we got X number of police.
If I take all of the police out of Wynwood and put then In my area, Liberty
City, crime Is going to go rampant In Wynwood. if I take all of the police
out of Liberty City and put then In Wynwood, al I the crime Is going to go
rampant In Liberty City. Now, the night that we were there, they.had a
reverse sting; and in order for the Chief to utilize his men effectively, the
people who were conducting the sting were motorcycle policemen, because we
didn't have anybody else, and I don't know how to tell you that we've Just
got X number of po I Ice, and you can stand there and ask me unt I I you and I
can't speak - I can't give you no more police than we got. And for you to
Continually try to beat me over the head with this, and demand that we get
More police - we don't have It.
Ms. Weldon: See, that's what I'm referring to. You said then that there was
no allocations in the budget to hire more police officers. That's...
Mr. Dawkins: No, no, no. Wait now, wait. Now, we didn't say that. Hold it
now. We can't hire policemen off the street. We have to put them through
training, and we do have people In the academy. But until you help me keep
them In the academy. I can't get then out. OK?
Mayor Suarez: By the way. It Is true that at the time when we met over there,
we really didn't contemplate having any additional monies to try to Increase
the size of the police force. Since then, we've had a Corrmission hearing
here, where Quite a few officers were here...
Ms. Weldon: 1 was here also.
Mayor Suarez: Yes, you were here, Laurie.- and at that time, Commissioner
Kennedy made a motion to spend another million dollars frcm somewhere in the
budget, just to have additional staffing. The way she proposed It is with
existing manpower, but additional hours. So, at least...
i Mir. Dawwkins: And Laurie, we have committed Angela Bellamy to go to Florida A
Ila M. Bethun n - to go to all the schools that teach criminal justice,
and see If ... and this Oamn i ss I ors has even author i zed her to give the test at
these schools, so that If an 1ndivIduaI passed the test he oases back here and
go to work for us. So we're trying.
Mayor Suarez: Yeah, and we also passed a motion that day, If I rare rber
e correctly, to bring the po i i ere force up to full staffing, which at the t ihie
- ...a. av w.www.1r. 1 rts,w r..wii 6.r L..e • I4C M , a. ,. i .®.1. •.... ., .e. .._ , t ,. a. .. ®, t •.. ... a.. . . _ . _ _. _.. w.._ u_. _. � .t .._ _._ __
Mr. Carollo: A thousand sixty.
Mayor Suarez: A thousand sixty?
Mr. Odlo: No. once the budget Is approved, we're going to 1,087.
the full process right now. Ca missloner Dawkins, of going
university.
Mayor Suarez: One thousand elghty-seven.
Mr. Od1o: There Is a memo can Ing to you...
Mr. Dawkins: We're trying, but...
Mayor Suarez: As opposed to - what Is the present level?
Mr. Odlo: we are at 1,006, or something like that.
Mayor Suarez: one thousand six?
Mr. Odlo: That's what we have now.
we are In
to every _
Mr. Dawkins: Laurie. Laurie. I'm not saying this for you to not keep, you
know, making us do what we're supposed to do. I'm not saying that to you, OK?
Because if you don't stay on us, we forget you're out there, OK?
Ms. Weldon: I know that's right.
Mr. Dawkins: All right, OK.
Ms. Weldon: OK, but what I'm saying to you Is, I'm not trying to put the cart
before the horse. I know you need to get these men through the academy first,
OK? What I'm saying to you Is, like you said, the last time I heard it was a
problem with budgeting. Now you say It's a matter of finding then, OK? What
I want to stress to you Is I'm not going to forget that 1 asked you for -
Increased patrolling and a foot patrol. You have a horse patrol in Liberty
City. There's a foot patrol on Biscayne Boulevard along 79th. These people
got theirs. Now I want to know, you know, you're telling me you got to put
these men through the academy. Fine. All I'm asking you Is, when am 1 going
to get mine?
Mr. Dawkins: Chief, how many mounted patrols do we have, Chief?
Chief Clarence Dickson: We have about seven mounted patrols at this time.
Mr. Piumner: Excuse me?
Mr. Dawkins: OK. See, we got seven.
Mr. Plummer: Whoa, whoa, whoa. Chief, excuse me. You said seven?
Chief Dickson: We used to have 25. then we were down... =
Mr. Plummer: Well, I'm building a barn for 22 horses, and I'm wondering why
I'm spending the money for 22 horses If I only have seven mounted patrol.
Chief Dickson: We're building our mounted fleet back up.
Mr. Dawkins: Each one got two horses.
Chief Dickson: We're Just low right now, that's all. a
Mr. Odio: We need horses donated.
Mr.. Carollo: Maybe we could put the extra ones to the mini -stations.
Ms. Weldon: OK, let me put It to you this way, then. When you have your
staffing, can I have first eonsideratIon on a foot patrol, but right now could
I Get Increased patro I l i ng In the area? s'
Wybr Suarez: Chief?
Ms. Weldon. Is that to reasonable concession?
Mr. Plumper: Well, let me ask Just a simple Question of you, OK? You know,
we've got to sit up here and we've gat to address an entire City. If we say
yes to your rust, how da we deny everybody else the same thing? You know,
we've only got.. -If we get to full staffing of 1,087. that puts us right close
to the national average of two and a half percent per thousand. You know,
every
body would love to go to three, but we can't afford It. There's no
Question on that. Now, how do I say to the people of Flagaml, how do 1 say to
the people of other sections of town, "Well, I'm sorry, you know, Just because
she got It, we can't give It to you." How does a Cann1ss1oner answer that
question?
Ms. Weldon: Well, being that there are seven now In existence...
Mr. Plummer: Excuse me?
Ms. Weldon: Being there are now seven?
Chief Dickson: Excuse me, the word "seven" There's 17.
Mr. Plumper: OK, 1 feel a lot better. 1 bought a horse motel and I didn't
have nobody to go In It.
MS. Weldon: Being there are 17 mounted patrols, I would say that some areas
have already been told "no." I'm not telling you to go back and tell everyone
else "no" after you've told me "yes." 1 don't expect you to do that.
However, If they don't cone here and ask, that's their problem. I'm here.
I'm concerned.
Mr. PILrw er: The old "squeaky wheel" theory.
Ms. Weldon: You know, as I said, I asked for a mint -station. There was n0
conditions on It when I asked for It, but being that scnx=e came before you
and presented you with a building, now there are conditions placed upon that.
And like I said, I think It's the City's responsibility to protect the people
In It; and that we shouldn't have to go out and find a building and find
someone to man It. for you to protect us.
Mr. Carollo: Chief, can you assign someone from your staff to meet with then
and see if you could help relieve some of their concerns? I think that's
really the place that It has to be addressed to.
Mr. Dawkins: What she's saying - Is that any different from what you and the
people -told me In Wynwood?
i Mr. Santiago: No, It Isn't. Exactly the same. We want an additional police
patrol,, we wanted a mounted patrol. and we've been begging for It for years
and years and years. I guess one day It'll oone.
Rev. Carl Theeley: And I'm going to say the same thing.
1 W. Damk Ins: See? There you are. So, we don't have It; we Just don't have
` the manpower.
Mayor Suarez: By the way, when Coma I ss i oner P 1 tsm er made reference to the
national norm, or national average. Just to give you an idea of the figures -
we are very e I osee to the f I gure he gave you. We're at 2.7 po I i cc of f I c ers for
every 1,000 Persons, assuming a.popuIation of 400,000. And the national - or
des i read nat iona I - norm Is supposed to be three per thousand, sirs we're not like he said - we're not tau i tea at th&t pro i nt . But M I am 1 has one peac"u 1 l ar
problem. The 400.000 residents that we have don't reflect the problem that
our C1 ty has I n terms of this f Iow of drugs through our C I ty, and s of, the:
rather things that happen here. So we have to keep that In mind. We don't
have the typical problem of a city with 400,0W.
Mr. tawk 1 ns : Let me say two things before we get any further. The first
thing 1 want to say Is, I don't know where the CItiZexns Aga Inst CrIme c4m up
171 Wtvitw 25, itrams
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with the Idea that than policemn per thousand would stop crime. Now, at
nowhere In the United States have you shown me that where there's three
policemen per capita, one hundred, that crime has stopped. So, I mean, don't
give me that. And Chief, the next thing I'd like to knew from you -- how many
recruits do we have In the Institute now?
UNIDENTIFIED SPEAKER: Twenty-one.
Mr. Dawkins: Twenty-one?
Chief Dickson: We have 21 people who are graduating, and we have another
class of 19 sometime next year.
Mr. Dawkins: When will this 21 graduate?
Chief Dickson: Within a few days.
Mr. Dawkins: Within a few days?
Chief Dickson: And the other 21 that Just started, it will take another six
months, almost.
Mr. Dawkins: But see, this 26, they are rookies to ours, and we can't put
then out there by themselves. So we've got to put then with somebody to train
than. So In six months we ought to have at least somebody to keep their foot
on a horse In these two neighborhoods -- these three neighborhoods.
Mr. Odlo: Miller, to be realistic. as we get one in we're losing one, so we
really have to make up quicker, because we're losing one for every one we get
In.
Mr. Dawkins: But I think Ken made it clear that If we start treating
policemen IIke human beings, they'll quit resigning. So we can get a whole
lot of them In, and that way we won't be getting a whole lot of then out.
Didn't you tell me that?
=`
Mr. Carollo: I think you've started touching upon the area that I think we
can't forget. You know, here, year after year, so many people, Including the
media. believe .it or not, wanting more police officers, wanting more police
presence, wanting better equipped police officers; but then every time that
you. have any kind of major, and sometimes many minor, Incidents in this
community, where it takes a police presence to protect life and property, the
minute that a police Officer has to do his job, you see many Of those same
z
people screaming and damning the police, wanting Investigations on than,
wanting then to be fired. screaming "police brutality." And it wasn't all
that long ego, about six months ago or so. that we had an Incident, very near
sane of your own neighborhoods there; and when police officers had to go in
there to protect Iife and property, and police dogs had to be used as a lest
resort,, and had to bite several people. that It turned Into an unruly mob.
Then we saw score people that today are screaming for more police protection,
screaming for Investigations. police brutality, let's go after those cops.
You know, i think we have to cut the Iine somewhere. If we want better police
protection In this community, then we're also going to have to realize that
being a police officer Is one of the damn hardest jobs around anywhere. And
the kind of stuff they have to take out In the streets from people, a very few
of us take In our daily .lives. And that the .onIy way that you're going to get
better police protection, better police officers. Is by backing our police
officers when they enforce the laws to protect us.
Rev. Richard Dunn: Let me just say this to the Commissioner Carollo. I don't
appreciate your Insult on my Integrity.
Mr. Carollo: I'm not talking about yourself, sir. I'm talking In general,
I'm talking about some of the people In the media....
Rev. Dunn But that applies to me. That applies to me.
Mr. Carollo: I'm talking about other people,
Citizens Against Crime.
Including some of the people -In
don't appreciate It. That's all I'm going to say.
Mr. Carolio: If you're that sensitive, that you feel It's addressed to you,
I'm sorry sir. You kncaw, you have that right to be sensitive.
Rev. Dunn: That's right.
Mr. Carollo: I'll back your right for that.
Rev. Dann: OK, and we'll see you at election, too.
Mr. Carollo: well, you know, last time, when I wasn't somewhere, you and the
young lady threatened me. You could see me any year you want to, sir. You
could vote against me every year you want to - that's your preference, that's
fine. And I'm sure you voted against me every damn election I ran, and I'm
still here. J
Rev. Dunn: No, I wasn't in town, sorry to tell you.
Mr. Carollo: Well, maybe you won't be In tam next one either.
Ms. Weldon:
concern...
Mr. Carollo
Ms. Weldon
I Just want to leave you with two things. Like 1 said, my mair
Reverend?
...is that...
Mr. Odio: What are you trying to do?
Mayor Suarez: Maybe we'll a I I be In town and have to figure out how to get
along with one another. Go ahead, Laurie.
Ms. Weldon: My main concern is that the Chief gets the budgeting he needs to
be adequately, or more than adequately, staffed, first of all. Secondly, you
can sit there and tell me you don't know how you can say yes to me and say no
to someone else. When 1 go on 79th Street and Biscayne Boulevard and I see'a
foot patrol , and then 1 go on 62nd and 12th and I see a mounted patrol , and
you want to tell me you can't give me one in my area. No. I'm not going to
accept that . But I do want you to know that my main concern for the
Improvenent for my area, at this time or not, is to make sure that the Chief
gets the adequate budget he needs to Improve the police protection for the
entire City.
Mayor Suarez: You can throw in downtown in those examples, and I want to ask
the Chief about that. What Is special about downtown that merits that
downtown has foot patrols, as far as I can tell, and some areas of the City do
not? Is It...
Chief Dickson: The downtown foot patrols existed long before 1 Joined the
Police Department, Mr. Mayor. Where It come from, I guess, was the tax base
from downtown, 1 do believe, sanctioned that these beat officers be on
permanent beats downtown.
Mr. Plummer: We tried to do It. We tried, Mr. Mayor, one time, when we had.a
request from the merchants of downtown and the BrIckeII, to create special
taxing districts, because they wanted more police officers. and basically -It
was proved to be Illegal, that we couldn't do It. But we even tried to do It
through the D.D.A., and we couldn't get It through there. And the people were
wiiling to pay for It. and that was the sad part about It. Mr. Manager, let
ma mak you a ql, l ck guest ion . You have a I terel the po 1 I ce budget by how much
m ney from the original budget?
W. Odlo: It will go up by exactly one million dollars, as you ordered me to
do.
Mr. PIurmer: All right, sir. I have not seen anything forwarded to my desk.
i can't speak for the other Can1ssioners. I would like to know, smithIng
had to g I ve, and where that money Cates f ro€n, becAuse to th i s po I nt the budget `
which I'm operating on Is not modified at all, and I think this Ommisslon has
got to have a modified budget before we can vote on It.
Mr. Odio: We took the million dollars out of the Contingent Aunt. t:
Mr. Dawkins: Huh?
Mr. Odio: The Contingent Account.
Mr. Dawkins: How much left In the Contingency Account?
Mr. Odlo: Half a mlllIon dollars.
Mr. Dawkins: Half a million dollars?
Mr. Odlo: That's all I had. I'm doing ... you know. If we need the million
dollars, we're going to have the mlllIon dollars.
Mr. Dawkins: Ok, go right ahead sir.
Mayor Suarez: Reverend..
Rev. Carl Thiele: Mr. Mayor and Commissioners, my name Is Carl Thiele, 5911
N.E. 6th Avenue. I really want a clarification as to where we are on the
agenda. What I have to request Is probably not Included in the million that
you appear to be talking about. I am here because of Camnissioner Dawkins's
letter that he sent out to all neighborhood associations, asking for
expressions about money to prevent crime, and we have been talking about that,
but...
Mayor Suarez: We are clrcling all over the budget here, but...
Rev. Thiele: Do you want all of the people who have... Mrs. Weldon, the
gentlemen from Wynwood and myself are from sector 20 of the Police Department
and we have the Northeast Crime Prevention Sub -council chairman here, who has
presented you with some statistics, and I think that he ought to speak at this
time because we are all talking about an area of the City that is desperately
In need of something. Dan Richman, would you share sane of those statistics
with us?
Mr. Dan Richman: My name Is Dan Richman, I am on the City of Miami Police
Department Crime Prevention Unit, Northeast Sub -council. I am the elected
chairperson. I have with me, and provided for all of you a cross -tabulation
of by sector, from January through August of this year. it very clearly
shows, I've outlined in red there, that Sector 20, being the Northeast, is the
second highest In the City of Miami for all total calls. I submit to you that
we are number one In the number of calls for disturbance. We are number one
In the City for the calls for assaults. We are number In the City, at.790,
which Is 200 greater than any other sector In the City.
Mayor Suarez: Those, by the way, are not per capita, or per person. Those
are per region, is that the way they are given?
Mr. Richman: Yes, they are broken clown In sectors, sir.
Mayor Suarez: But 1 don't know how well distributed the sectors are.
Mr. Richman: Well, the boundaries... you can see on the second page that I
provided you, our particular area runs from N.E. 36th Street to 87th Street to
the Bay to about 1-95. or 7th Avenue. We are number one for robberies; In
fact, we had 200 more than any other sector In the City. For breaking and
entries. we are number two. For number of stolen cars, we are number two, and
for additional police responses, 8,027, which makes us number two for that.
In total, police have responded 36,585 times. As we a I I know, Sector 20 1s
quite a large sector. Mini -stations, substations, mobile stations do not
decrease crime other than the visibility. I think one of the things we are
all asking for Is more police officers, because that Is what Is going to
decrease the response time, and put enough police officers on the street that
we need.
Mr. PILnmr: Do you have Jails to put than In? You know what has happened?
Mr. Richman: I know, sir. 1 worked with that northeast sting operation
there, and there weren't enough jails to put them In, so they went downtown
and they were just cut loose back on the streets, but sir, with all clue
fiord, that Is not our problem. I knew that's...
174
Mr. Plummer: And It Is not our problem as far as the jails and the so-called
system of justice that doesn't exist. Now, we can take and we can get all the
policemen that we want, and we can keep filling up a full house, because as we
push them In the front door, they have Rot to go out the back!
Mr. Richman: i agree. sir.
Mr. Plummer: And you know, i Just wish that all of the people that would come
down here would go to the Legislature. You know, the State of Florida
bragged... I am sitting on the Growth Management Committee. They brag about
the fact that In the year 2000, we are going to be the third largest state in
the United States, population wise, and we are bragging about the fact that we
have got 1,000 families a day moving Into Florida. Now, the sad part about it
Is that In 10 years, this State has not built a new Jail. That is to say that
all of the people that are moving Into the State of Florida for the past ten
years are good guys! You know, now, I just wish that peop I e like yourse I f ,
and your group of people would go and demand upon those agencies. We only
speak to the police. We do not speak to the court system. We don't fund
then. We do not speak to the jails. We don't fund those, but In a way, It Is
kind of ludicrous. The Chief told us the other day, that he In five months, 1
think... Chief, correct my numbers if I am wrong... In five months, they made
SM and sane prostitution arrests primarily In your area A one particular
offender over 30 times, and not one of there spent a day In jail! Now, are we
really making a mockery of our so-called system that doesn't exist In my book?
I mean, these people couldn't care less If you disrupted their occupation for
two hours, because that Is basically what you are doing. You know, we look at
the fact that for Fort Lauderdale, Broward County is being fined $1,000 a day
for overcrowded jails, yet, I don't hear anybody up in Tallahassee screaming
and hollering to build more jails. 1 don't hear people screaming In front of
the County Cartmission to provide more funds for the court system, and you
know. It seems like we only hear it here, and the Chief we will tell you we
made what?... 44,000 arrests last year.
Mr. Richman: Mr. Plummer, I totally agree with you and I think your point is
well taken, and I Just wish everyone here would write their legislators and
ask for that, but of the same token, Sir, 1 don't think we should stop
arresting people.
Mr. Plummer: No, I didn't say that. You can't stop arresting people, OK?...
but it is just getting to be a point.., on the last sting operation I went on,
we made, I think it was 91 arrests. All but five were released basically,
then and there!.., then and there! Look at the sting they had In Fort
Lauderdale that made nationwide T.V., where they had a guy down one day on the
ground and they were screaming brutality because they had a gun In his mouth
to make him spit out the crack... nationwide that night on Nightline, they
were condemning Broward County because they were using so-called brutality.
You, know what? That same man, at 4:30 p.m. in the afternoon when he was
arrested, that sarne man was released the next morning at 10:00 o'clock, and at
4:00 o'clock that same afternoon, they got the same guy with crack again.
Now, do you think It Impressed him at all, of going to jail?... absolutely
not!
Mr. Richman: Sir. I have a better story.
Mr. Dawkins: Al they had to do is let him swallow the crack he had in his
mouth.
Mr. Richman: Sir, I have a better story to teiI you, but I am not sure...
Chief Dickson, would you mind If I broached that other subject, that special
subject we were talking about earlier?
Chief Dickson: What subject Is that?
Mr. Richman: Baxter, or would you prefer I did not?
Chief Dickson: Oh, well, you can go right ahead, i...
Mr. RIClymtmn: Well, Mr. P I uymr Is telling some: stories, 1 thought 1 oouId you
know, top his story.
Chief Dickson: I suppose that Is public information, public record. You can
discuss that.
175 Smterrtber 25, 11ift
Mr. R 1 clman : Mr. P I turner . You are we 1 1 aware of the recent st I ng operat I On
that took place In the northeast, and the numbers of people that were
arrested, as you lust quoted the number of prostitutes arrested. We had a
they
Judge's son arrested. He lust walked yesterday, because the Judge
brought In decided that this Chief deployed his men in a wrong way, and
All
Instead of Ming there to arrest prostitutes and drug addicts, they should
-
have been out directing traffic on the streets, sir.
Mr. Plummer: They weren't arrested for drugs.
Mr. Richman: He was not, he was arrested In a prostitution case.
Mr. Plummer: Exactly.
Mr. Odlo: But he had something else ,__
Mr. Dawkins: He was arrested for what?
Mr. Plummer: It wasn't prostitution.
Mr. Dawkins: He wasn't a prostitute?
Mr. Plurner: No, picking up and soliciting.
Mr. Dickson: He solicited a female police officer, Mr. Dawkins.
Mr. Dawkins: Who was the Judge?
Mr. Richman: It was Judge Baxter's son.
Mr: Plumper: No, who was the Judge that released him, he says,
Mr. Richman: Judge Vann, who they called In from retirement out of our area.
Mr. Carollo: Can you repeat that, please?
Mr. Plummer: Judge Baxter's son, on prostitution.
Mr. Carollo:
Mr. Odio: I know when he got arrested, the son of a Judge...
Mr. Richman: Sir, that is not... you know, if I was a police officer, Mr.
Carollo, you can well understand this, and you were involved In an operation,
the citizens of the northeast went out there with day after day to
support our officers, and it is not Just a slap In the face to the Police
Department, because if you had been there, you wouldn't want to make any more
arrests if that kind of thing went on, but It Is a slap In the face to us, the
citizens of Northeast Miami.
Mr. Dawkins: But, It Is a slap In the face to you, but when I go to see Janet
Reno, Janet Reno to l Is me she cannot turn loose a rapist or a murderer and
L key a drug pusher. So, somewhere out there, someone has got to get her to
f change her mind, OK?
Mr. Richman: I understand, It Is IIke a numbers game.
{ Mr. Dawkins: And when I go to the judges and sit down with the judges, the
judges tell me, "Miller l sympathize with you, but I cannot let the Impression
s get out that you and anybody else can persuade me from being fair and
i Impartial, so scmewhere along the lines. you know, we goofed, and like..`. and
you go, and he goes, but, I don't know but one solution. All you Republicans
L
f" need to tell Ronald Reagan that we want !Crone Avenue as a drug, detent I on
center, and let's take everybody that who we catch selling drugs down there to
that detention center, and Just lock the up!
Mr. Richman: Half of 1t Is available. It Is closed down and just bearded up.
i
Why don't we use it?
Mr. Dawkins: Well. put them In with the refugees. I couldn't care Less, I
mean, but just get these theme. But, i f we get there down there, and I f they
wa i k brick to M i aim i , then I don't think they can se l I no more drugs.,
s�
176 September 26, low
-J'R
Mayor Suarez: Reverend.
Rev. Thiele: Mr. Mayor and Commissioners, I really got up here to talk about
police deployment. It is really very difficult after all these people have
talked about see Ing to the need for more police within their area to be
able... It Is difficult for we to repeat that again, but maybe we ought to
spend a couple million dollars on caning up with a new way within this City,
and Mr. Mayor, when you called a special meeting for people Interested in
crime. I think It was last January, I suggested at that time that we get
people within this City, County, State and Federal government together to work
together to solve crime within this area. Now. I have been In dozens of
meetings where Judges have blamed others, where police have blamed others,
where Commissioners have blamed others, where whoever, the citizens, have
blamed everybody else. Now, why don't we use sane Imagination and get sane of
you all together with people who have the power to change things and do It!
It Is absolutely frustrating. it Is a no -win situation! It Is absolutely...
It has lessened my trust In the power of authority and law and order. It Is
making citizens defend themselves with arms and to kill people needlessly! A
mechanic who works near Morningside, which 1 represent, was driving, trying
out the car after he fixed It In our neighborhood. This I think happened on
Monday. He was at my house, he knows my house. lie stopped on the street and
stood on the sidewalk and watched as three young men were looking In my house
In the wlndewvs and he stood there and stared then dawn until they walked away
and followed then out to Biscayne Boulevard. Now, that is sort of scary, and
that has nothing to do with blaming Judges, blaming police, blaming
Car missioners, or laying blame on everybody and blame Is none productive, and
we need to stop It, and we need to spend a couple million dollars to get
people together to do something about this situation, because It Is absolutely
deplorable In Sector 20, as Mr. Richman described to you, and 1 am talking
about White and Black areas. It Is deplorable and we have to do something
about It, and it Isn't going to be solved by a substation to which the
Commissioners vote yes without the City expending any money. Now, I Just am a
little lost, other than that. But I am scared, I am hurt, I am frustrated, 1
arm a heart patient. I want something done!
Mayor Suarez: Thank you, Reverend. Anyone else? Any matter having to do
with the budget?
Mrs. Kennedy: Mr. Manager, let me just state on the record - you are aware
that the non -funding of the Retiree Benefit Fund has been in existence since
'75, and It Is my understanding that you are working out this Issue with the
Retiree Association.
Mr. Odio: Yes, we are working. I talked to Mr. Klausner today and I promised
him as soon as I get back we would sit down and work that whole program out.
Mrs. Kennedy: OK, will you keep us Informed?
Mayor Suarez: OK, on the budget hearing, do we entertain a motion to approve
or disapprove, or change the mlllage rate, Mano?
Mr. Manohar Surana: Mayor, we need to take the first Item number D II.
Mr. Dawkins: Before we take anything, I mean, we had some citizens get up
here and talk.
Mr. Surana: Which Is publicly...
Mr. Dawkins: We had sane citizens get up and make same requests, and took
their time out to cane down here, so now, are we going to address the things
that they spoke about now? before we go through this, because see, once the
budget is passed, It is getting close to 9:00 o'clock. we are going to be
going home.
Mr. Odlo: Cowmissioner, the 26th Street thing, wlII be... Don Cather will
meet with him.
Mr. Dawkins: Right, we will have parks right after this.
177
Mr. Odlo: We are prepared to address the Clemente Park, as we said. We are
prepared to address the Ed I son Park, or Atha 1 le Range Park and ...... You
gave the answer on the police. We have the budget in there for an additional
$1,000,000. Yes, we are prepared to address the probIcros as much as we can
with the resources that we have.
50. SE00ND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF THE
CITY OF MIAMI .- FIX MILLAGE.
Mr. Manohar Surana: The City Attorney Is supposed to read publicly the entire
mlllage ordinance. then adopt the mlllage.
Mayor Suarez: Mano. before we do that, what is the projected reserve In the
budget?- assuming the recommendations of the City Manager leading up to the
mlllage rate that you have proposed?
Mr. Surana: FY'87, we are using $11,000,000 general operating surplus.
Mayor Suarez: OK, we expect also to be able to Increase that by further
efficiencies In the coming fiscal year, do we not?
Mr. Dawkins: I would hope not. You all haven't got no damn body working now.
You all have lard off everybody, and now we are still talking about Cutting
off people to save money? Ccme on, give us a break!
Mr. Odio: No, we are not going to cut people. We now have to become
efficient in the way we deliver services and developing new revenue sources
for the City of Miami, so that we can further reduce taxes to the people.
That we want to do by working together with this Commission. I would like to
do for this year Is we are putting the burden On the Department Directors to
be more efficient and to manage their budgets as best as they can. We need to
build up reserves so that we can meet the normal growths of expenditures the
City has from year to year.
Mayor Suarez: Do you have any parameter for what Is a reasonable reserve on a
budget such as ours, any percentage or any...
Mr.. Odlo: The should be 10 percent, but we haven't been able.to reach
that, but If we...
Mayor Suarez: It should be what percent?
Mr. Odio: I would say 10 percent, to be safe.
Mayor Suarez: You Just grabbed that from thin air!
Mr. Odio: No, I didn't, sir. That Is what I have been talking to...
Mr. Dawkins: What does the bond counsel look at as an adequate reserve when
you go up there to try to sell bonds?
Mr. Odlo: They would IIke to see 10 percent, but we never have met that, but
we could live with a good 5 percent.
Mr. Dawkins: So you didn't pull It out of the air, tell the Mayor you didn't
pull It out of the air. TeII the Mayor where It came frcm!
Mr. Odio: Well, he Is entitled to say what he says, sir.
Mrs. Kenny: What have we had In the past. Mr. Manager?
Mr. OdlO: What?
Mrs. Kennedy, What have you had In the past?
Mr. Odio: This year we built up a reserve of S14,000.000, which was getting.
Close to the goals that I have. I like to have a 10 percent reserve, and If
178 September 25, 190
we can do that this year, we will be In good financlal condition. The City
would be In very safe financial condition.
Mayor Suarez: Maw would our reserves... can you calculate, how would our
reserves be reduced, our proposed reserves, If we passed a mIIIage rate that
was Identical to the prior year? Let's call It the roll back rate.
Mr. Surana: About $1.100,000.
Mr. Odlo: We would lose $2,000,000. $2,000,000, we would lose. 1 recommend
strongly that we don't at this point.
Mayor Suarez: I move that the City adopt the rollback rate.
Mr. Plummer: For purposes of discussion, I am going to second it, and ask you
where you are going to rollback? What are you...
Mr. Odio: Tell me what to cut.
Mr. Plummer: That Is what my point! The question Is, you know, I'd love to
vote that I don't have any Increased taxes on my house. You know, 1 pay
$26,000 for all my property that I own!
Mr. Dawkins: Ooh► you're rich!
Mr. Plummer: But, tell me, where are you going to cut back, and maybe I am
willing to listen.
Mrs. Kennedy: -
Mr..Piurtmer: Obviously, you are not going to cut back in Police. You are not
going to cut back In Fire. You are not going to cut back in Parks. Where are
you going to cut back?
Mr. Dawkins: And we are not going to cut back In Sanitation.
Mr. Plummer: No, I am willing to listen if you give me an explanation that.
shows me that we can do that without the improper delivery Of services, Mr'.
Mayor. 1 want to hear it.
Mayor Suarez: It is very simple. We use $2,000,000. or $1,900,000 for the
projected reserve. The amount that we want to put in the projected reserve is
a difficult one to estimate. You have to set the tine sane place. You have
,to set your...
Mr. Dawkins: But Mr. Mayor! Mr. Mayor, Mr. Mayor, we have sat here and
worked like you said to reduce expenditures and reduce everything to have a
reserve, OK? Therefore, we have not raised the taxes. Now, If we take the
reserve that we are supposed to have to cover an emergency, and owe back next
year and raise people's taxes by five percent, you know what they are going to
call us?... a lot of dirty names, because we gave something this year and took
It back.
Mr. Carollo: More than that now?
Mr. Plummer: You also have to consideration... you know, we have been very
Iuck. I think that the estimate now. or the last estimate I heard. this City
has one hurricane.. One hurricane you are talking about $2,000.000. you know,
just to clean up the City, and I think these are the kind of things that you
.have to...
Mr. Carollo: One major disturbance, you are looking at several hundred
thousand coo I I ars .
Mr. Plummer: Oh, easily!
Mr. ins: Well. there won't be no more 1n my neighborhood. They will be
in your neighborhood.
Mrs. Kennedy- Well. we still have to have a reserve...
Mrs. Kennedy:
Mr. Mayor, we need a reserve, we still have pending labor
negotiations.
To raise one part, we have to cut It In another.
_
Mr. Caro IIo:
We again could do what the City of South Miami is doing,
cons 1 der I ng selling...
Mrs. Kennedy:
47 percent hike?
Mr. Carollo:
Excuse me?
Mrs. Kennedy:
47 percent hike?
Mr. Carollo:
No, no, considering selling City land.
Mr. Plummer:
Mono, what did we save this year, In this year's budget by not
funding festivals?
Mr. Dawkins:
Festivals, parades and festivals.
Mr. Surana:
About $3,000,000.
Mr.. Plummer:
How much?
Mr. Surana:
$3,000,000.
Mr. Plumper:
About $3,000,000.
Mr. Dawkins:
look, we know, that. is why we didn't fund them!
Mr.. Plummer:
OK, you know, It Is times when you get up here and you get your
head beat soft about that you are a bad guy, for not funding a festival..
Ho l d I ng the
I I ne on that this year has been a savings of $3,000,000 to this
cemun I ty.
Mr. Dawkins:
To me and the rest of the taxpayers.
Mr. Plumper:
That's right! Maybe we will get like Hialeah,:they_don't fund
anything!
Mr. Carollo:
But those of us that held the line are the bad guys.
Mr. P i ummer :
Yes.
Mrs. Kennedy:.
You Just voted.to fund four festivals this morning.
Mr. PIu mer:
What?
Mrs. Kennedy:.
Skip It.
Mr. Dawkins:
The Mayor made a motion. Is there a second to the motion?
Mr. Plummer:
Well, let me ask a question of other...
Mr. Dawkins:
Have you seconded the motion?
Mt, Piurmer:
Yes, I seconded for purposes of discussion.
Mr. Carollo:
What Is the motion?
Mr. PIr:
The motion Is to go back to the flat rate of the roll back last
year, which
is a loss to the budget of $2,000.000. Mr. Manager, I.f this
Cam i sa I qn f orG you to ro l I back $2 , 000.000. where wou I d It c e en from? What
would Mve to give.?
Fir.. Qdlo: I
would start laying off people, _
Mr, Dawk I ns :
The first thing to gear wou I d be J . L . ' s Ccom i ss i on budget.
. Cad l.o: l
WcKj l d have to lay off sorne people. because we cannot dap l to the
rewves . That wrsu 1 d be aY dangerous f 1 nano I a I s I tint I on, our bonds. We will
spend more money when we go out to the market bemuse the rating, we could be
In danger of
losing our good rating.
180
Mr. Plummer: $2,000,000 would emate to 100 pollcenen, or...
Mr. tdio: No, no, you too the million dollars from my contingency. of
$1,500,000 for the police Department. I can take $500.000 from there and then
we got zero contingency fund.
,t
Mr. Carollo: I understand what you are saying, Mr. Manager, 1 agree with you,
but you know. the Mayor, every t Ime he presents saneth I ng I 1 ke th I s, and he
will go out to the public and say that► "Gee, we can't lower taxes, we can't _
have more policemen, we can't have festivals, because those guys In there lust
don't support me." Well, you know, that Is not so, and If he says that Is the
way to go, I am going to support our Mayor, and I will second the motion for
him. If he Is willing to...
Mr. Dawkins: It has been seconded, Joe, properly moved and seconded, and
If...
Mr. Carollo: All right, call the question.
Mr. Dawkins: Any further discussion? I don't have no axe to grind. i will
be voting against the motion. Call the question.
Mrs, Dougherty: I am going to have to read the entire ordinance, so you might
want to take a...
Mr. PiLsnmr: No, no, there is a motion preceding the ordinance. The motion
on the floor is to go back to the flat rate.
Mr. Dawkins: Last year's flat rate, that Is the motion, and the Manager has
already said, If he goes back to that, we lose $2,000,000 worth of revenue,
plus he has only got a $500,000 contingency fund, and then what you are going
to be looking at Is South Miami, where we will be trying to borrow... well,
you guys will be trying to borrow money, because I will resign and go hare. I
will come over there with you on 26th Street, and we are going to be trying to
borrow money to make the City run, and It Just doesn't... In my opinion it
don't make sense, but that is what we are up here for, to make decisions and
vote. Any further discussion? Madam Clerk, call the roll, please.
THEREUPON, ON MOTION DULY MADE BY MAYOR SUAREZ AND SEOONDED BY
CCW1SSIONER PLU%MR TO ADOPT THE ROLL BACK RATE OF LAST
YEAR FAILED BY THE FOLLOWING VOTE:
AYES: Camtissioner Joe Carollo
Mayor Xavier L. Suarez
NOES: Commissioner Rosario Kennedy
Co missioner J. L. Plummer, Jr.
Vice Mayor Miller J. Dawkins
CO ENTS MADE DURING ROLL CALL:
Mr. Plummer: 1 can't do It In good conscIenee, 1 can't do it. 1'd love to
reduce it. but I can't do It. I've got to vote no.
Mrs. Kennedy: I feel the same way. I vote no.
Mayor Suarez: No free lunch!
Mr. Dawkins: That's right. you have got to pay.
Mr. Carollo: Madan Clerk. can you please go the records since November of
1955. andcaan you please pull out for me... If you need extra people to do any
kind of research, I will be more than happy to provide some of my staff... all
the times that we have had requests for festivals., parties, all kind of
goodies that are over $4.600, that have came before this Oomimission, and whom
have been the ores that have voted no, and wham have been the ones that voted
yes. Now, I can't understand It you can have it both ways. On the one hand
you could be playing the game of being the good guy and you are going to lower
the tastes for everybody, so then you can say at cappaign time. "I've tried to
17
lower the taxes, they
east didn't go along with
me," them on the ether hand, -
every time that scmeone
canes for a request for
$30,000, $40, 000 or $50.000,
you are the first one
that 1s voting yes, trying
to give that money away, and
again you are saying,
"C , I am trying to help
you guys 1n this neighborhood
or that neighborhood,
but those guys there just
wvu1dn't go along with me." i=
We I I, how many faces!
—_ Mayor Suarez: I will
entertain another motion on the tax rate. Will there be
a motion on the tax rate;?
Mr. Dawkins: Will the dean of the Ccmnisslon make a motion over there,
please?
Mr. P I amner : My name
ain't Dean, it's P I amner .
Mr. Dawkins: Plummer
Dean?
Mr. Plummer: I will listen to the wisdom of the center chair.
Mr. Carollo: Well. this Solomon wanted to cut the baby.
Mr. Dawkins: Hey look, it is close to 9:00 o'clock, OK? All right now,
I've
been here since 8:00 o'clock this morning. OK, since nobody don't seem to
want to... what is your reccmnendation, Mr. Mano?
Mr. Surana: General operating, we are recommending nine point eight...
Mr. Dawkins: No, no, what is your recomnendation for me to do here now?
Mr.; Surana: Yes, sir. We would like you to adopt item number III.
X
Mr. Dawkins: I so move.
`
Mayor Suarez: So moved. Do we have a second?
Mr. Planner: The full mlllage.
Mayor Suarez: That Is the proposed mlllage rate, operating, which is
Mr.. Surana: 9.84; for debt service, 2.4512.
Mayor Suarez: That Includes both?
X-
Mr. Surana: The total Is 12.2912.
Mayor Suarez: We can do both In one motion?.,
r
Mr. Surana: Yes, sir.
Mr. Dawkins: So It dies for lack of second, sir.
Mr. Odlo: Mr. Mayor, l would like to point out before you vote is that..thi.s
Is a reduction from last year.
Mayor Suarez:. Yes, the operating miI1age rate is a reduction.
Mr. Odlo: So that there Is no... that we would, we did go down...
Mayor Suarez: But. debt service Is what killed us. Debt service is
what
killed us. No end? I will second It.
Mr. Dawkins: J.L., take over.
Ws. Dougherty-. I am going to have to read the who I e ordinance.
.. ,
Mr. Plummer: Read the ordinance.
182 'September 25,
1
1
AN ORDINANCE -
AN ORDINANCE DEFINING AND DES IGMT ING THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI FOR THE PURPOSE OF
TAXATION; FIXING THE MILLAGE AND LEVYING TAXES IN THE
h
CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING
A
OCTOHER 1, 1986, AND ENDING SEPTEMBER 30, 1987,
OONTAINING A SEVERABILITY CLAUSE.
Passed on Its first reading by title at the meeting of September 11,
1986, was taken up for Its second and final reading by title and adoption. On
motion of Cenmissloner Dawkins, seconded by Mayor Suarez, the Ordinance was
thereupon given Its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: CaTmissloner Joe Carollo*
ABSENT: None.
• Although absent at roll Call, Cmmissioner Carollo asked the Clerk to be
shown as voting against the motion.
ON ROLL CALL:
Mr. P I Lmner : I am go i ng to vote "no" . I think the budget could be better
distributed. I am disappointed that we didn't have the remainder of the
budget hearings, or a third budget workshop that we were supposed to have, and
I Just think that the monies need to be redistributed more. I have no problem
with the increase in mlllage. but I don't like the distribution of the budget.
I think there are areas that are not being addressed. Because of that, I vote
no.
THE ORD I NAN:E WAS DESIGNATED ORD I NAME NO. 10149.
The City Attorney read the ordinance in Its entirety Into the pubild
record and announced that copies were available to the mmlbers of the City
Ccrnm I ss I on and to the pub I I c .
Mr. Dawkins: Mr. Mayor, I would like to make a statement. When l first came
on this Camnission. I did a lot of things that I promised the people I would
do because I didn't know any better, and It wasn't because I was devious or
that I was trying to be funny, and 1 don't believe that the two new
Commissioners that we have, have at any. time attempted to do anything but
serve the public, and because they might have been trying over eagerly to
serve their Constituents, and by having... and I guess that Is the reason that
whoever structured this, had It where you would have overlapping
Commissioners, where there would be some balance left over to carry the new
ones through, so i say that to say that, (and this Is my personal opinion,only
when Commissioner Rosario Kennedy and the Mayor have voted to fund festivals
and what have you, I don't think they were doing It, In my opinion, to you
know, do anything wrong, It 19 Just that they felt that... I came on board,
and when I was Campaigning, I made these promises and I am going to try to do
It, so I would Just like for that to go on the record.
Mayor Suarez: Appreciate It.
Mrs. Kennedy: Let me Just make a comment on that, Commisslover Dawkins. 1
have voted against a lot of festivals; however. there are sane festivals, and
I think that the only mishap, Is that there last name is festival. I don't
see then as such, and that 1s where It makes the difference.
Mayor Suarez: By the way. let me refer people back to... i don't even know
which one of my races. I have run a few times, but...
Mr. Dawkins: You are kidding! (LAU3HTER)
Mr. Plummer: Even you can't rememberl
1035l�3tr ai, t91
0
Mayor Suarez: About as many pregnancies as my wife has had, coincidentally!
Mr. Plumper: Tell here to watch out next year.
Mayor Suarez: I used a figure of what wa,s felt to be wasteful expenditure
Items, which you yourself, Ccmissloner Dawkins, had OCM l!p with, and 1
remember what that budget was which I think It was close to maybe over
$2,000.000, and I felt that the prior CQmnisslon In heading us In a direction
away from sane of these, had done exactly the right thing and 1 wouldn't have
said that about budget of, what might have been called tax expenditures,
something to that effect, Just wasteful spending, unless I felt that way, and
I did. and I am trying to fo 1 I ow that tradition that was wisely set, not to
Just give away money and have done the best I can to discriminate between
certain programs and festivals and so on, that I think are really valuable;
the total amount of which, by the way, If somebody really would search the
entire record for the last eleven months, probably wouldn't exceed a couple
hundred thousand dollars. In any event...
Mrs. Kennedy: Moving right along.
51. SECIO D READING ORDINANCE: ADOPT 1986-1987 BUDGET - MAKE APPROPRIATIONS
FOR FISCAL YEAR ENDING SEPTDSER 30,1987. r�
Mr. Dawkins: Mr. Mano, we are ready for you, sir. It Is 9:00 o'clock.
Mr. Manohar Surana: OK, the next Iten Is Item number IV, adopt the final
budget.
(IMALE) IBLE BACKGROUND C3VMENTS)
Mayor Suarez: Yes, we have heard from you, and we have a pending motion on
your $10,000. 1 don't know what the Commisslon wants to do with that as we
.;
adopt the final budget.
(i NAW I BLE BACKGROUND WA ENTS )
Mr. Plumper: You made the motion, Mr. Mayor. Are you remaking the motion?
^a
Mayor Suarez: I am ready to vote on I t . 1 have comp I ate fa I th i n ASP I RA,
;
s 10, 000.
Mr. Dawkins: We haven't adopted a budget yet.
Mr. PILmmer: Well, It would be part of It, though. I am assuming the money
would have to cone from the contingency fund. The Manager has a good looking
girl, and that Is why we can't get his attention.
Mr. Dawkins: We're voting on the whole budget now, Joe.
Mr. Caro IIo: Madam Clark, 1 would IIke to make sure that my vote 18 on the
-J
record for the last roll call. I vote no.
Ms. Hirai: On the mlllage?
Mr. Carollo: Yes.
Mayor Suarez: OK, we have to vote on the budget as a whole, and we also have �d
a pending motion on the ASPIRA funding of $10,000. Oa missloner Plummer has
po I nted out that I t' wou I d have to come f ram the coot I ngency f and . How do you
want to take them? We can take either one before the other. I don't really
care. t
Mr. Carollo: What happened to the resolution that we had that any request for
funding should cane before the Manager first, and then the Manager recarmends � b
to this Comrovt l ss i on?
Mr. Plurmr. All requests for funding normally have gone that route. r.�^
154 September 25, 11
;c
a
Mayor Suarez: Of curse, you know. ASPIRA participated In the entire
Community Development process, and they certainly have had more than enough
meetings with City staff and...
Mr. Odlo: I would like to, since It did go through the process of the
Canaan I ty Deve 1 opment , I f you can make an except I on, I w I I I get w I th Frank 'a
Castaneda to... she did go through the process, and she has gone through
staff. and that Is what you Instructed us that they should do. If I can find
the money In Comrnanity Development, and 1 find sorry returning some funds,
we will do It.
Mayor Suarez: How about from Frank's salary, huh?
Mr.
Plummer:
soy,
you sure got a flexible checkbook sometimes!
Mr.
Odlo: I
said... that Is the first time I ever said that!
Mr.
Surana:
We need to adopt Item number IV, adopt the final budget.
Mr,
Dawkins:
J.L.
moves the total budget.
Mr.
Plummer:
J.L.
who? Everybody wants to go to heaven, but nobody wants to
die!
Mrs. Kennedy: Especlally, we have to pass through you!
Mr. Plummer: I'll tell you, I've got the only one way tickets In town, with
r.
scheduled departures.
Mr. Dawkins: Mr. Mayor. Mr. Manager...
Mr. Plummer: We Just lost Mano, he died! (LALICHTER)
s<_
Mr. Dawkins: Mr. Manager, if I still have a problen with the Fire Department,
therefore, I am wondering what It would do to pass the budget and withhold the
Fire Department's budget? What would that do?
Mr. Plummer: You can't do It under these circumstances.
Mr. Dawkins: OK, you can't, huh? All right...
r
Mrs. Kennedy: What Is your problem with the Fire Department?
{
Mr.. Dawkins: What problen I've got with? Afflrmative.action, overstaffed,
over -money, over everything. OK, I will move the budget.
Mayor Suarez: So moved.
Mrs. Kennedy: I second.
Mayor Suarez: Seconded. Any discussion? Do we have to read anything on
that. Madam City Attorney?
THMEUMN, THE CITY ATTORNEY READ THE ORD i N AME INTO THE PUBLIC RECORD,
BY TITLE ONLY.
Mr. Odlo: Don Teems Just fainted back there.
Mr. Dawkins: Not him! I don't have a problem with him. We understand each
other. In fact. we are about the only two together on the Fire De:partirrent ,
huh. we and you?
(i NAUD I ELE BACKGROLIND CCMYENTS )
Mr. Datwkins: It has been moved and seconded. Any further discussion? Mr.
Mayor, Call the Question,.please, sir.
Mayor Suarez: Call the roll.
AN ORDINANCE -
AN ORDINANCE MA C I NG APPROPR I AT I QISIS FOR THE F 1 SCAL. YEAR
ENDING SEPTEMf3ER 30, 1987; CONTAINING A REPEALER
PRCNISION; AND A SEVERA13ILITY CLAUSE.
Passed on Its first reading by title at the meting of September
11,
1986, was taken up for Its second and final reading by title and adoption.
On
motion of Ctmmissloner 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 Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Co missloner Joe Carollo
Commissioner J. L. Plummer, Jr.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10150.
The City Attorney read the ordinance Into the public record
and
announced that ooples were available to the menbers of the City Commission
and
to the public.
52. GRANT FUNDING REQUEST RECEIVED FROM ASPIRA OF FLORIDA, INC. IN SUPPORT OF
THEIR PROGRAM.
Mayor Suarez: What else do we have to do, Mano?
Mr. Dawkins: We have a pending motion on...
Mr. Surana: We need to do D.D.A.
Mr. Dawkins: No, 1 don't want nothing to do with the D.D.A.
Mayor Suarez: Wait, wait, before we get to the D.D.A., seriously, they have
been waiting. We can vote against, we can refuse to vote, but let's make a
decision. Are you going to try to find the money, Is that...?
Mr."OdIo: I promise you that If we get same monies returned from the people,
we will try to fund It, If they want me to do so. That Is all I can do.
Mr. Dawkins: He will get the money, don't worry about that.
Mayor Suarez: Call the roll, subject to the City Manager finding the money.
The following motion was Introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 86-778
A MOTION GRANTING A REQUEST FOR FUNDS FROM
REPRESENTATIVES OF ASPIRA OF FLORIDA, INC. IN SUPPORT
OF THEIR PROGRAM, SUBJECT TO THE CITY MASER BEING
ABLE TO IDENTIFY THE AMOUNT OF $10,000 FOR SAID
PiM .
Upon being 560onded by Co m i ss i oner Kennedy. the motion was passed `arid
adopted by the following vote-
r�-
AYES: Corrmissioner Joe Carollo
Co mIss1over J. L. P1umaer, Jr.
Ccmm i ss i oner Rosario Kennedy
V i ce4ftyor Miller J. Dawkins
K
Mayor Xavier L . Suarez
NOES: None.
ASSENT: None.
ON ROLL CALL
Mr. Carolio: Maybe! If the Manager finds It.
Mayor Suarez: Subject to the City Manager finding the money.
r
53. SECOND READING ORDINANCE: DEFINE AND DESIGNATE TERRITORIAL LIMITS OF THE
DOWNTOWN DEVELOI'NENT AUTHDR I TY.
P&. Us* Ins: No have got the last Itom noN.
Mayor Suarez: D.O.A. budget.
Mr. Dawkins: 1 don't want to vote on the D.D.A. budget. Go ahead!
Mr. Roy Kenzie: The two on here, two Items A and B. sets and approves
mlllage rate, adopts the tentative budget of the Downtown Development
a,
_
Authority and the percentage increase In mlllage over the rollback rate Is
r'
355.1 percent, purpose of which ad valorem taxes would be Increased.
It Is for capital Improvement programs and street beautification programs,
costing $12.963. At this point... Mayor? At this point, we request whether
,
there are any camnents from citizens on the proposed budget.
Mrs. Dougherty: We also have the ordinance changing the Canmission date.
Mayor Suarez: Very good point. Anyone that wants to be heard on the proposed
-
Downtown Development Authority budget? The record reflects that no one has
cane forth who wants to be heard on that.
Mr. Kenzie. 1 have just for...
r
Mayor Suarez: Did we finally Incorporate the recarmendatIon of Commissioned
PIurmer, to keep a reserve fund, and if so, to what extent was It?
Mr. Kenzie: Yes, we, at the request of the Cam IssIon, set aside In our
µa
budget $291,593, with the provision that the Commission would... we would have
to oci, back to the Cmnission, should there be any expenditure of those
f unds .
Mr. Plu'rrmer: No, let's understand it the other way. Prone of the funds can be
touched -without O mmIssion approval. i move the D.D.A. budget.
Mrs. Dougherty: This is the mlllage ordinance.
Mr. Kenzie: There; are four actions which have to be taken, D-1 through IV.
—
Mayor Suarez: I wasn't aware of that, sir.
Mr. PILP er: I only Have got Item number V.
Mr. Kenzie: One Is wended, you adopt the tentative budget... adopt the final
mlllage rate, and then adopt the final budget. III and IV, so we have to read
thie m i i l age ord i easnce firsts then we need a second.
Mrs. Dougherty: That is what you just... you Just had a motion.
Mayor Suarez: We nerd a SaCXM on that? I send I t .
S.
187
l Y '"
_ _ _.
4 `.i•+ •..
.: -...,. .. .:..- �i`..` ruc N^.XM.Tk nKP'^` crmxS T%isiA3n9�i�
t
Mr. Plummer: Walt hold on. Mr. Kenzie, Just for the record, 1 pot a call to
my office, and I want you to put on the record why you are having a 355
percent Increase? I know the answer, the public doesn't.
Mr. Kenzie: OK, the reason for that Is that we have been operating as a
dependent district of the City of Muni. and as such, our mlllage is governed
within the ten mill cap of the City, and we have for the last two years, only
been able to gather .1423, rather than .5 mills. This year the State
Legislature changed our designation to an Independent district, which our
allowed our mlllage to be taken out of the City's mlllage rate, which then
changed It, and by law, we are required to advertise In newspapers the change
from the rollback rate to the present level.
Mr. Plummer: Thank you, sir.
THEREUPON, THE CITY ATTORNEY READ BOTH ORDINANCES (AGENDA ITEMS V AND VI)
INTO THE PUBLIC RECORD, BY TITLE ONLY.
AN ORDINANCE -
AN ORDINANCE DEFINING AND DESIGNATING THE TERRITORIAL
LIMITS OF THE DOWNTOWN DEVELOPMENT DISTRICT OF THE
CITY OF MIAMI LOCATED WITHIN THE TERRITORIAL LIMITS OF
THE CITY OF MIAMI FOR THE PURPOSE OF TAXATION, FIXING
THE MILLAGE AND LEVYING TAXES IN THE DOWNTOWN
DEVELOPMENT DISTRICT LOCATED WITHIN THE TERRITORIAL
LIMITS OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL
YEAR BEGINNING OCTOBER 1. 1986, AND ENDING SEPTEMBER
30. 1987. FIXING THE MILLAGE AT FIVE TENTHS (.5) MILLS
ON THE DOLLAR OF THE NDNEXEMPT ASSESSED VALUE OF ALL -
REAL AND PERSONAL PROPERTY IN SAID DISTRICT AND
PROVIDING THAT THE SAID MILLAGE AND THE TAXES LEVIED
HEREIN SHALL BE IN ADDITION TO THE FIXING OF THE
MILLAGE AND THE LEVYING OF TAXES WITHIN THE
TERRITORIAL LIMITS OF THE CITY OF MIAMI, WHICH IS
CONTAINED IN THE GENERAL APPROPRIATION ORDINANCE FOR
THE AFORESAID FISCAL YEAR AS REQUIRED BY SECTION 30 OF
THE CITY CHARTER; PROVIDING THAT THE FIXING OF THE
MILLAGE AND LEVYING OF TAXES HEREIN SHALL BE IN
ADDITION TO SPECIAL ASSESSMENTS FOR IMPROVEMENTS
IMPOSED BY THE CITY CCWISSION OF THE CITY OF MIAMI
WITHIN THE TERRITORIAL LIMITS OF THE CITY OF MIAMI;
PROVIDED THAT THIS ORDINANCE SHALL NOT BE DEEMED AS
REPEALING OR AMENDING ANY OTHER ORDINANCE FIXING
MILLAGE OR LEVYING TAXES FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 1986 AND ENDING SEPTEMBER 30, 1987, BUT
SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION HERETO:
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on Its first reading by title at the meeting of September 11,
1986. was taken up for Its second and final reading by title and adoption. On
motion of Cammissioner Plummer. seconded by Mayor Suarez. the Ordinance was
thereupon given Its second and final reading by title and passed and adopted
by the following vote -
AYES Commissloner Joe Carollo
Cannlssloner J. L. Plummer, Jr.
Carmissloner Rosario Kennedy
VICe-Myor MIIIer J. Dawk1ns
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANU WAS DESIGNATED ORDINANCE N0. 10151.
The City Attorney read the ordinance In Its entirety into the public
record and announced that copies were available to the members of the City
CommiSSIon and to the public.
188 September 26, 1
- r
54. SECOND READING ORDINANCE: MAKE APPROPRIATIONS FOR THE DOWNTOWN
DEVELCIPMENT AUTHORITY FOR FISCAL YEAR END 1 NG SFPTIMER 30, 1987 .
n
Mrs. Dougherty: In that one vote, you have passed Moth ordinances, because I
read both ord i names .
MS. Hirai: Oh, but we need a different roll call though, for Item VI.
Mrs. Dougherty: Yes, have both roll calls.
Mayor Suarez: OK, what do we have loft, then?
Mrs. Dougherty: You have to take a second roll call, because you had two
ordinances.
Ms. Hlral: This second roll call Is for agenda Item VI.
Mayor Suarez: Right.
AN ORDINANCE -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE DOWNTOWN
DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI FOR THE
FISCAL YEAR ENDING SEPTEMBER 30, 1987; AUTHORIZING THE
DIRECTOR OF THE DOWNTOWN DEVELOPMENT AUTHORITY TO
INVITE OR ADVERTISE BIDS FOR THE PURCHASE OF ANY
MATERIAL, EQUIPMENT, OR SERVICE EMBRACED IN THE SAID
APPROPRIATIONS FOR WHICH FORAAL BIDDING MAY BE
REQUIRED PROVIDING THAT THIS ORDINANCE SHALL BE
SUPPLEMENTAL AND IN ADDITION TO THE ORDINANCE MAKING
APPROPRIATIONS FOR THE FISCAL YEAR ENDING SEPTEMBER
r<'
30, 1987, FOR THE OPERATION OF THE CITY OF MIAMI,
>,
FLORIDA; CONTAINING A REPEALER PROVISION AND A
,..
':.
SEVERABILITY CLAUSE.
Passed on Its first reading by title at the meeting of September 11,
1986, was taken up for Its second and final reading by title and adoption. On
motion of. COm'missloner Plummer, seconded by Mayor Suarez, the Ordinance was
thereupon given its second and final reading by title and passed and adopted
_
by the following vote -
AYES: Crnmissioner Joe Carollo
CaTmissioner J. L. Plummer, Jr.
0CM I Ss l oner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
_
Mayor Xavier L. Suarez
NOES: None.
ABSENT:
None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO.10152.
The City Attorney read the ordinance Into the public record and
announced that copies were available to the members of the City Cmmisslon and
to the tub l 1 c .
s,
is
as �F
55. EMERGENCY ORDINANCE: PROVIDE THAT NCR OR HIS DESIGNEE SMALL FEE THE
DIRECTOR OF THE MIAM1 SPORTS AND EXHIBITION AUTHORITY; WITH CERTAIN
PROV I SOS .
Mr. Dawkins: And this the emergency ordinance for the Sports Authority.
Mayor Suarez: Go ahead and move it. Co missioner.
Mr. Carollo: Madam City Clerk, can you read It. please?
Mr. Dawkins: No, Madam City Attorney.
Mr. Carolio: Yes, right.
AN EMERGENCY ORDINANCE PROVIDING THAT THE CITY MANAGER
't
OR DESIGNEE SHALL BE THE DIRECTOR OF THE MIAMI SPORTS
AND EXHIBITION AUTHORITY AND THAT WHILE SO SERVING
SAID CITY MANAGER SHALL NOT BE AN EX OFFICIO MEIVBER OF
THE GOVERN 1 INIG BODY OF SA i D AUTHOR I TY ; FURTHER
PROVID1ND THAT THE CITY ATTORNEY OR DESIGNEE SMALL BE
LEGAL COUNSEL FOR SA I D AUTHOR I TY AND MAY EMPLOY. SUCH
OTHER DEL AS SHALL BE APPROVED BY SAID AUTHORITY;
y
AMIDO I NIG SECT i ON 52.6-8. SECTION 52.6-5 AND SUBSECT 1 ON
(a) OF SECTION 52.6-3. OF THE CODE OF THE CITY OF
MIAM1. FLORIDA, AS AMENDED; OONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was Introduced by Carmissioner Plutrmer and seconded by Ccmnissioner
Kennedy, for adoption as an emergency measure and dispensing with
the
reclulrement of reading same on two separate days, which was agreed to by
the
following vote-
,?.
AYES: i0mmissloner Joe Carollo
CmmIssIover J. L. Plumver, Jr.
;'-
Ccmnlasloner Rosario Kennedy
Vice -,Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
�$
t
ABSENT: None.
Whereupon the Comnlssion on motion of CaTmissloner Plummer and seconded
by Camissioner Kennedy, adopted said ordinance by the following vote -
AYES: O missloner Joe Carollo
Conmissloner J. L. Plummer, Jr.
Cmmmissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIWTED ORDINANCE NO. 10153.
The City Attorney read the ordinance Into the public record and
announced that copies were available to the members of the City Cmmission and
to the public.
56 . SEOOND READ I M ORD I NAME: ESTABL I SH C I TYW I DE NE I G BORHOOD PARK
RENOVATIONS AS A CAPITAL PROJECT.
r
Mayor Suarez: Agenda item 21.
k
I'll be back.
Mr. Dawkins: I'm going. I'll be in my office,
t
Mrs. Kennedy: I so move Item 21.
Mr. P I simmer : Second.
r,
Mayor Suarez: Moved and seconded. Any discussion on item 21?
Mr. Carollo: There is no Item 21 here, not in my agenda.
Mrs. Kennedy: Bayfront Park.
Mrs. Dougherty: It is an ordinance amending ordinance amber...
Mr. P l um er : That Is predicated on a spending of $1.00 for the park and $1.0O
for the neighborhood parks.
Mrs. Kennedy: That Is correct.
( 1 NAUD 1 BLE BACXGFKXM COMMENTS)
Mr. Plug : If you want to speak on It, you can, sure!
( I NAUD I BLE BACKGF40LM OO<& ENTS )
Mr. PIumner: Do you understand what we are doing now? The only thing we are
doing now, I making they funds available. We are not allocating.
Mrs. Kennedy: We are not allocating at this point.
(INAUDIBLE OaM 00hWNTS )
MayorSuarez: too ahead, get close to the mike!, so it will be on the...
191 r
Wti,7. _�_ -.
4� i...
...i...._wa.u.uruai�-,,._,.......x.....:.a..im..r.=a _., z:.._ _. -- •• — _
Mr. Mariano Cruz: Last Sunday 1 went to the park.
Mr. Kennedy: Mr. Cruz, please put your name and address for the record.
Mr. Cruz: My name Is Mariano Cruz, I live at 1227 N.W. 26th Street, Miami,
and last Sunday I went to Allapattah-Camstock Park after the Miami Dolphin
game. When I went there, there was about maybe 100 to 200 people using the
park. When I went to the restrocm, the restroam was locked. What Is this to
have a park? You are talking about park..... There was nobody In attendance
there In the park at the time that the park Is being used, so what I propose
Is... also, If they are going to be like they say, speaking like bureaucrats ,
maximize personnel by catering to the hours that the people use the park.
What they're saying -to tell somebody Monday morning, nobody Is In the park
but on Sunday afternoon, have somebody to open those restrooms, so people
don't have to do their physical thing outside. I have pictures there proving
It, because I went back to the house, got a camera and took pictures, so the
park, you have got to have personnel In the park. I spoke to the man that was
there, a guy. Next day I went there and he told me that he's got programs for
Children, but he doesn't have equipment. Soccer could be used, but they don't
have anything, so what kind of programs are they going to have with him?
Mrs. Kennedy: I couIdn't agree with you more, sir, and before we allocate
those funds. we are going to meet with the City Manager; he Is going to talk
to us, and you can meet with the City Manager before he comes to us. I
understand, and I agree and all of us are In sympathy.
Mr. Cruz: (INAUDIBLE)... couple of years ago.
Mrs. Kennedy: Yes, Indeed.
Mr. Cruz: The day somebody sues the City, Its going to cost more money...
Mrs. Kennedy: That Is right. You are right, thank you for your presentation.
Ms. Hirai: What you mean Is the mlllage.
Mrs. Kennedy: OK, we have a motion and we have a second.
Mayor,Suarez: That's right. Any further discussion? Could.you please read
the ordinance, Madam City Attorney.
AN ORD I N A CE
AN OR AMENDING ORDINANCE NO. 9939. ADOPTED
DECEMBER 20, 1984, THE CAP 1 TAL I MPROVEIVENT
APPROPRIATIONS ORDINANCE, BY ESTABLISHING CITYWIDE
NEIGHBORHOOD PARK RENOVATIONS AS A CAPITAL PROJECT IN
THE MOUNT OF $3 , 960.00O AND APPROPRIATING AN ANK1t 1<VT
OF $510,000 FROM PROCEEDS FROM DADE COUNTY SEAPORT
LAND EXCHANGE SETTLEMENT, AN MOUNT OF $2,950,000 FROM
PROCEEDS FROM THE NEW PORT BRIDGE LAND SALE, AND AN
pf'uCllAsiT OF $510,000 FROM PROCEEDS FROM DADE COUNTY
SEAPORT LAND EXCHANGE SETTLEMENT, AN AMOUNT OF
$2,950,000 FROM PROCEEDS FROM THE NEW PORT BRIDGE
SALE. AND AN MOUNT OF $500,000 FROM INTEREST EARNINGS
ON THE 1986 GENERAL OBL 1 GAT ION BOND SALE FOR A TOTAL
APPROPRIATION TO SAID PROJECT OF $3,960,000 BY
ESTABLISHING BAYFRONT PARK DESIGN AND DEVELOPMENT
PHASE II AS A CAPITAL PROJECT IN THE MOUNT OF
$3,674,000 AND APPROPRIATING AN AMOUNT OF $224,000
FROM PROCEEDS FROM DADE COUNTY SEAPORT LAND EXCHANGE
SETTLEMENT. IN THE MOUNT OF $2,950,000 FROM PROCEEDS
FROM THE NEW PORT BRIDGE LAND SALE, AND AN AMOUNT OF
$500,000 FROM INTEREST EARNINGS ON THE 1986 GENERAL
OBLIGATION BOND SALE FOR A TOTAL APPROPRIATION TO SAID
PROJECT OF $3.674,000; BY INCREASING APPROPRIATIONS
FOR BAYFRONT PARK REDEVELOPMENT DESIGN AND DEVELOPMENT
PHASE I IN THE AMOUNT OF $183 , 000 FROM PROCEEDS FROM
DADE COUNTY SEAPORT LAND EXCHANGE SETTLEMENT FOR A
TOTAL APPROPRIATION TO SAID PROJECT OF $1,088,000; BY
INCREASING APPROPRIATIONS FOR BAYFRONT PARK
REDEVELOPMENT AMPHITHEATER IN THE MOUNT OF $103,000
FROM PROCEEDS FROM DADE MJNTY SEAPORT LAND EXCHANGE
SETTLEMENT FOR A TOTAL APPROPRIATION TO SAID PROJECT
OF $6,116,000; OONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on Its first reading by title at the meeting of September 11,
1986. was taken up for Its second and final reading by title and adoption. On
motion of Ccnnissioner Kennedy, seconded by Commissioner Plumier, the
Ordinance was thereupon given Its second and final reading by title and passed
and adopted by the following vote -
AYES: Cann IssIoner Joe Caro IIo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORD I NIANCE WAS DES 1 GNATED ORD 1 NANCE NO. 10154.
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.
193 September 25, 1ON
•
57 . RESC HEDI JL 1 NG CITY (ADM I SS I CN MEETINGS: (A )OCTCBER 9. 1986 TO TAKE PLACE
ON OCT ER 7. 1986 AT 9:00 A.M. (B) NOVEINMER 27, 1986 TO TAKE PLACE ON
NDVEKVER 25. 1986 AT 9:00 A.M. (C) DEC ER 25, 1986 TO TAKE PLACE ON
DECEMBER 11, 1986 AT 2:00 P.M.
Mr. Plumner: Would you IIke to pass these three Change of dates?
Mayor Suarez: Yes, please.
Mr. Plummer: A resolution rescheduling the regular City CammIsslon meeting of
November 27, 1986, to take place on November 25th at 9:00 a.m.; a resolution
rescheduling the regular City O=nIssIon meeting of October 9, 1986 to take
place on October 7. 1986 at 9:00 a.m.; and a resolution the City Commission
meeting of rt.,25, 1986, to take place on December 11, 1986 at 2:00 p.m.
so move. `
Mayor Suarez: Second. someone please.
Mrs. Kennedy: Second.
Mayor Suarez: Call the roll.
The following resolution was
moved Its adoption:
Introduced by Commissioner Plumper, who
194 $40tP 20ISM
r:^
tt
�x�i" � a ".n xiiMC�iser�si� �.st>raf�;a� z
INDEX SEPTEMBER 25, 1986
DOCUMVIT IDENTIFICATION
AUTHORIZE CITY MANAGER TO ACCEPT A GRANT
OF $100,000 FROM THE STATE OF FLORIDA
TO BE USED FOR PROMOTIONAL EXPENSES
1986 ORANGE BLOSSOM CLASSIC (OCT. 12
THRU 19, 1986.
ALLOCATE $35,000 IN SUPPORT OF THE 1986
ORANGE BLOSSOM CLASSIC OCTOBER 12 THRU
19, 1986.
CONFIRM DECISION OF THE ZONING BOARD
GRANTING A VARIANCE FROM ORDINANCE 9500
TO PERMIT A SECOND STORY ADDITION TO
THE PROPERTY LOCATED AT 5965 SOUTHWEST
8TH STREET, MIAMI, FLORIDA.
APPROVE INSTALLATION OF DRIVE/IN FACILITIES
AT FINANCIAL INSTITUTION LOCATED AT
821/899 NORTHWEST 37 AVENUE, MIAMI,
FLORIDA.
ACCEPT THE PLAT ENTITLED HIGHLAND PARK
HOSPITAL SUBDIVISION FIRST ADDITION
A SUBDIVISION IN THE CITY OF MIAMI./ACCEPT
CONVENANT TO RUN WITH THE LAND POSTPONING
THE CONSTRUCTION OF IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC
WORKS.
AUTHORIZE CLOSURE OF STREETS IN ORDER
TO CONDUCT THE PARADE OF FLAGS OCTOBER
9, 1986.
AUTHORIZE/DIRECT CITY MANAGER TO ENGAGE
THE UNDERWRITING TEAM OF PRUDENTIAL
BACHE SECURITIES, INC,; FIRST EQUITY
CORP. OF FL.; DANIELS & BELL, INC.;
AND METRO EQUITIES CORP. AS UNDERWRITERS
NOT EXCEEDING $6,375,000 GENERAL OBLIGATION
BONDS.
APPROVE/AUTHORIZE CITY ATTORNEY'S SELECTION
OF THE LAW FIRM OF GREENBERG, TRAURIG,
ASKEW, HOFFMAN, LIPOFF, ROSEN & QUENTEL,
P.A. TO SERVE AS TAX COUNSEL FOR THE
ISSUANCE OF CERTIFICATES OF PARTICIPATION,
SERIES 1986.
86-752
86-753
86-754
86-755
86-756
86-757
86-758
86-759
AUTHORIZE FINANCE DIRECTOR TO PAY TO
LAZARO PADRON THE SUM OF $30,000.00
RELEASING ALL DEFENDANTS FROM ALL CLAIMS
AND DEMANDS.
AUTHORIZE CITY MANAGER TO EXECUTE THE
SECOND AMENDED AND RESTATED INTERLOCAL
AGREEMENT WITH GREATER MIAMI CONVENTION
AND VISITORS BUREAU.
ESTABLISH S.W. 2 STREET BETWEEN S.E.
1 AVENUE AND S.E. 2 AVENUE AS "CENTRUST
FINANCIAL, CENTER".
DIRECT CITY CLERK TO FORWARD A COPY
OF RESOLUTION ESTABLISHING S.W. 2 STREET BE-
TWEEN S.E. 1 AVENUE AND S.E. 2 AVENUE
AS "CENTRUST FINANCIAL CENTER" TO ALL
AFFECTED GOVERNMENT AGENCIES.
AUTHORIZE CITY ATTORNEY TO INITIATE
PROCEEDINGS AGAINST MARINE STADIUM ENTER-
PRISES, INC., REGARDING LOSS OF PROPERTY
FROM CONFISCATED BOATS STORED AT KEY
MARINA.
CONFIRM NOMINATION OF DR. EDUARDO PADRON
TO THE OFF/STREET PARKING BOARD OF THE
CITY OF MIAMI FOR A TERM EXPIRING ON
DECEMBER 2, 1988.
ACCEPT THE CITY CLERK'S CERTIFICATION
AND DECLARATION OF THE RESULTS OF THE
SPECIAL MUNICIPAL SELECTION HELD ON SEPTEMBER
2, 1986./ MODIFICATION 0.0F iTHE MAXIMUM
INTERST RATE OF 7h% PER ANNUM.
AUTHORIZE/DIRECT CITY MANAGER TO ACQUIRE
AT A PRICE NOT TO EXCEED $1,070,000
A PARCEL OF REAL PROPERTY LOCATED AT
3601 S.W. 37TH AVENUE (ST. HUGH'S OAK)
TO BE USED FOR HOUSING PURPOSES.
AMEND SECTION 1 OF RESOLUTION NO. 86-
620 (7/24/86) TO REFLECT THE CONTINGENCY
FUNDS OF 12TH YEAR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS AS THE SOURCE OF FUNDING
FOR A $30,000 ALLOCATION TO MIAMI METRO
ACTION PLAN (M.M.A.P.) /FURTHER REQUESTING
M.M.A.P. TO RENDER A MONTHLY REPORT
TO THE CITY COMMISSION ON ITS ACTIVITIES.
86-760
86-761
86-762
86-762
8F-766
86-767
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CALL FOR SPECIAL MUNICIPAL ELECTION
(11/4/86) TO SUBMIT TO THE ELECTORATE
IF IT IS OFFENSIVE TO A CITIZEN TO DEFAME
RELIGIOUS BELIEFS BY THE USE OF NUDITY
OR SEXUAL ACTS.
APPROVE ACTIONS OF MIAMI CAPITAL DEVELOPMENT
INC. TO- PERSONNEL POLICIES STATUS OF
ALFREDO IZAGUIRRE.
AUTHORIZE AGREEMENT (9/25/79) BETWEEN
THE CITY OF MIAMI AND JERRY'S INC. TO
TERREMARK AT DINNER KEY, INC. TO REGARD
AMOUNTS DUE THE CITY PERIODS ENDING
PRIOR TO AND INCLUDING 9/30/86.
AUTHORIZE THE CLOSURE OF STREETS DURING
CARNAVAL MIAMI PASEO (3/8/87); 8K RUN
(3/13/87); AND CALLE 8 OPEN HOUSE FESTIVAL
(3/15/87) CONDUCTED BY THE KIWANIS CLUB
OF LITTLE HAVANA.
ALLOCATE $10,000 TO "THANK YOU MIAMI"
CONCERT FOR THE 1986 BLACK MUSIC ASSOCIATION
OCTOBER 4, 1986, BICENTENIAL PARK.
APPROVE FREE USE OF A BUILDING LOCATED
AT 7251 BISCAYNE BOULEVARD, MIAMI, TO
OPERATE A POLICE MINI STATION.
RESCHEDULE CITY COMMISSION MEETING OF
OCTOBER 9, 1986 TO TAKE PLACE ON OCTOBER
7, 1986.
RESCHEDULE CITY COMMISSION MEETING OF
NOVEMBER 27, 1986 TO TAKE PLACE ON NOVEMBER
25, 1986.
RESCHEDULE CITY COMMISSION MEETING OF
DECEMBER 25, 1986 TO TAKE PLACE DECEMBER
11, 1986.
86-770
86-771
86-772
86-774
86-779.1