HomeMy WebLinkAboutCC 1986-06-26 MinutesCITY OF MIAM
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OF METING HELD ON June 26, 1986
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
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INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
JUNE 26, 1986
ITEM SUBJECT LEGISLATION PAGE
NO. NO.
1. PRESENTATIONS: (1)PROCLAMATION TO PRESENTED 1
COCONUT GROVE JAYCEES;
6/26/86
(2)COMMENDATION TO FLORIDA
INTERNATIONAL UNIVERSITY FOR
ARCHITECTURE PROGRAM.
2.
AUTHORIZE COLLECTIVE BARGAINING
R-86-493
1-3
AGREEMENT WITH SANITATION EMPLOYEES
6/26/86
ASSOCIATION.
3.
EMERGENCY ORDINANCE: ESTABLISH FUND,
ORDINANCE
3-4
"ENTRANT ASSISTANT PROGRAM '86-'87".
10114
6/26/86
4.
SECOND READING ORDINANCE: AUTHORIZE
ORDINANCE
5-9
ISSUANCE OF CITY OF MIAMI PARKING
10115
SYSTEM REVENUE BONDS, INCLUDING
6/26/86
INITIAL SERIES OF BONDS IN AGGREGATE
PRINCIPAL AMOUNT OF $18,000,000.
5.
SECOND READING ORDINANCE: PROVIDE
ORDINANCE
9-10
METHOD FOR AMENDMENTS TO CITY
10116
CHARTER.
6/26/86
6.
7.
INSTRUCT CITY ATTORNEY TO DRAFT M-86-494 10-11
DOCUMENT CREATING CITY CANVASSING 6/26/86
BOARD.
FIRST READING ORDINANCE: GARBAGE FIRST I2-17
AND TRASH. READING
6/26/86
8. FIRST READING ORDINANCE: INCLUDE FIRST
BUILDING AND ZONING DEPARTMENT AS A READING
MEMBER OF CITY'S PLAT AND STREET 6/26/86
COMMITTEE.
9. FIRST READING ORDINANCE: FIRST
MODIFICATION OF INTEREST RATE OF READING
$7,000,000 POLLUTION CONTROL AND 6/26/86
INCINERATOR FACILITIES BONDS.
10. OPEN BIDS FOR SALE OF $12,000,000 R-86-495
POLICE HEADQUARTERS AND CRIME 6/26/86
PREVENTION FACILITIES BONDS,
$5,000,000 STORM SEWER IMPROVEMENT
BONDS $3,000,000 SANITARY SEWER
SYSTEM BONDS, AND $2,000,000 STREET
AND HIGHWAY IMPROVEMENT BONDS.
11. FIRST READING ORDINANCE: PROVIDE FIRST
FOR HOLDING OF SPECIAL ELECTION ON READING
SEPTEMBER 2,1986 FOR MODIFICATION OF 6/26/86
INTEREST RATE OF $7,000,000
POLLUTION CONTROL AND INCINERATOR
FACILITIES BONDS.
17
18-20
21-22
22-23
12.
FIRST READING ORDINANCE:
FIRST
23-25
MODIFICATION OF INTEREST OF
ORDINANCE
$17,375,000 STREET AND HIGHWAY
6/26/86
IMPROVEMENT BONDS.
13.
FIRST READING ORDINANCE: PROVIDE
FIRST
25
FOR HOLDING SPECIAL ELECTION
READING
SEPTEMBER 2., 1986 FOR MODIFICATION
6/26/86
OF INTEREST OF $17,375,000 STREET
AND HIGHWAY IMPROVEMENT BONDS.
14.
EXECUTE AGREEMENT WITH AIDA LEVITAN
R-86-496
25-26
FOR CONSULTANT SERVICES ON
6/26/86
JOURNALISTS TO TOUR MIAMI AREA;
CONNECTION UNLIMITED OF DADE COUNTY
AS SUB -CONSULTANT.
15.
COMMUNITY DEVELOPMENT BLOCK GRANT
R-86-497
26-27
FUNDS TO HISTORIC PRESERVATION
6/26/86
PROJECT AND HOUSING RELATED PROJECT.
16.
AUTHORIZE AGREEMENT WITH COCONUT
R-86-498
27-31
GROVE PLAYHOUSE FOR $200,000 LOAN.
6/26/86
17.
$25,000 FOR CHRISTO BY THE BAY
R-86-499
31-32
PROJECT, A FILM CALLED "ISLANDS".
6/26/86
18.
AUTHORIZE DEMOLITION OF LIBRARY
R-86-500
32-34
BUILDING IN BAYFRONT PARK.
6/26/86
19.
A -CLOSE STREETS, SALE BEER/WINE FOR
R-86-501
34-35
HAITIAN AMERICAN 4TH OF JULY
R-86-501.1
CELEBRATION; B-SALE BEER/WINE FOR
R-86-501.2
URBAN LEAGUE FOR 4TH JULY AT HADLEY
6/26/86
PARK; C-SALE BEER/WINE FOR COCONUT
GROVE JAYCEES AND MIAMI RUGBY
FOOTBALL CLUB FOR 4TH JULY AT
VIRGINIA BEACH PARK.
20.
DISCUSSION ON PROFESSIONAL
DISCUSSION
36-39
REDEVELOPMENT PLANNING CONSULTANT
6/26/86
FOR SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT PROJECT.
21.
DISCUSSION OF NEEDS ARISING FROM
DISCUSSION
40-45
DRUG AND CRIME PROBLEMS IN AREA OF
6/26/86
DRAKE MEMORIAL BAPTIST CHURCH.
22.
EXECUTE AGREEMENT WITH DUPONT PLAZA
R-86-502
45-46
CENTER FOR OFFICE SPACE.
6/26/86
23.
BID ACCEPTANCE: MARKS BROS. FOR
R-86-503
46-47
DREDGING SLIP 3, OLD PORT OF MIAMI.
6/26/86
24.
REFER TO MANAGER REQUEST FOR FUNDS
M-86-504
47-48
FOR GREATER MIAMI INTERNATIONAL FOR
6/26/86
PROMOTION OF ECONOMIC AND TOURISM
DEVELOPMENT.
25. DISCUSSION IN CONNECTION WITH M-86-505 49-52
} PROPOSED RAISE OF RENTAL FEES PAID 6/26/86
BY THE COUNTY TO THE CITY (CONTINUED
TO THE CITY COMMISSION MEETING OF
JULY 10, 1986.)
26. DEFER PROPOSED POLICE SUBSTATIONS M-86-506 52-54
UNTIL ADMINISTRATION COMPLIES WITH 6/26/86
COST CAP OF $5,000,O00.
0
L r-
27. A -INCREASE MEMBERSHIP OF CHARTER
ADVISORY COMMITTEE TO TEN MEMBERS.
B-APPOINT FRANK ANGONES, PETER
BERNAL, CARLOS MCDONALD, JESSEE
MCCRARY AND ALBERTO CARDENAS TO
CHARTER ADVISORY COMMITTEE.
28. BRIEF COMMENTS REGARDING REPORT ON
EXHIBITION COMMITTEE.
29. AWARD CITICORP INVESTMENT BANK
$12,000,000 POLICE BONDS, $5,000,000
STORM SEWER BONDS, $3,000,000 SEWER
BONDS, AND $2,000,000 HIGHWAY BONDS.
30. BRIEF COMMENTS ABOUT STREET LIGHTS
AND TREES IN BAY HEIGHTS AND ROADS
SECTION.
31. BRIEF COMMENTS ON CONSOLIDATION OF
FEES, TAXES, BILLS OF CITY.
32. BID ACCEPTANCE: AL MARTIN INDUSTRIES
FOR ORANGE BOWL CONSTRUCTION.
33. INCREASE SALARY OF LUCIA DOUGHERTY,
CITY ATTORNEY, BY 102.
34. CLOSURE OF PINE HEIGHTS PARK, N.W.
16 ST. & 16 TERR. AND N.W. 8 AVE & 8
CT.
35. STREET CLOSURE: PORTION OF N.W. 8
CT., N.W. 15. ST., N.W. 16 TERR. AND
2 ADJOINING ALLEYS.
36. SECOND READING ORDINANCE: ZONING
ATLAS CHANGE AT APPROXIMATELY 831
N.W. 15 ST. FROM 0-I/7 TO PR.
37. SECOND READING ORDINANCE: ZONING
ATLAS CHANGE FROM PR TO 0-I/7 AT
APPROXIMATELY 1601 N.W. 8 CT.
38. ACCEPT "MEDICAL SUBDIVISION" N.W.
15-17 ST. AND N.W. 8 AVE- 8 CT.
39. SECOND READING ORDINANCE: AMEND
OUTDOOR ADVERTISING SIGNS
(BILLBOARDS) SHALL BE IN SPECIFIED
COLORS AND MUST FACE BACK-TO-BACK AT
A MAXIMUM ANGLE OF 30 DEGREES.
40. FIRST READING ORDINANCE: ATLAS
CHANGE FROM CG-2/7 TO RG-2/5 AT
APPROXIMATELY 190-240 N.W. 20 ST.
APPROXIMATELY 1920-1990 N.W. 1 PL.
41. STREET CLOSURE AT APPROXIMATELY N.E.
66 ST. BETWEEN 4 CT. AND 5 AVE.
42. DISCUSSION OF PLAT ACCEPTANCE OF
VIZCATRAN GARDEN (SEE LABEL #45)
43. DESIGNATE CITY MANAGER CESAR ODIO,
CITY ATTORNEY LUCIA DOUGHERTY AND
CITY COMMISSIONER J.L. PLUMMER AS
REPRESENTATIVES REGARDING CONDUCT
AND CANVAS OF CITY ELECTIONS IN
SEPTEMBER AND NOVEMBER 1986.
M-86-507 54-56
M-86-508
6/26/86
DISCUSSION 56-57
6/26/86
R-86-509 57-58
6/26/86
DISCUSSION 58
6/26/86
DISCUSSION
6/26/86
R-86-510
6/26/86
R-86-511
6/26/86
R-86-512
6/26/86
R-86-513
6/26/86
ORDINANCE
10117
6/26/86
ORDINANCE
10118
R-86-514
6/26/86
ORDINANCE
10119
6/26/86
FIRST
READING
6/26/86
R-86-515
6/26/86
DISCUSSION
6/26/86
R-86-516
6/26/86
58-59
59-60
60-61
61-62
62-63
63-64
64-65
65-66
66-67
68-69
69-70
70-71
71
f op
44.
ADOPT THE AD HOC COMMITTEE REPORT ON
M-86-517
BAYFRONT PARK.
6/26/86
45.
A -RECONSIDER PLAT ACCEPTANCE OF
M-86-518
VIZCATRAN GARDEN. B-PLAT ACCEPTANCE
R-86-519
OF VIZCATRAN GARDEN.
6/26/86
46.
BRIEF DISCUSSION OF STREET CLOSURE
DISCUSSION
OF PORTION OF N.W. 7 STREET BETWEEN
6/26/86
NORTH MIAMI AND N.W. 1 AVENUE FOR
MIAMI ARENA (SEE LABEL 148).
47.
CONTINUE PROPOSED CONSIDERATION OF
M-86-520
ISSUANCE OF AMENDED DEVELOPMENT
6/26/86
ORDER FOR MIAMI CENTER I.
48.
STREET CLOSURE OF PORTION OF N.W. 7
R-86-521
STREET BETWEEN NORTH MIAMI & N.W. 1
6/26/86
AVENUES FOR MIAMI ARENA. (SEE LABEL
#46).
49.
PLAT ACCEPTANCE - MIAMI ARENA
R-86-522
SUBDIVISION.
6/26/86
50.
ISSUANCE OF MAJOR USE SPECIAL PERMIT
R-86-523
FOR MIAMI ARENA.
6/26/86
51.
FIRST READING ORDINANCE: ADOPT THE
FIRST
MIAMI COMPREHENSIVE NEIGHBORHOOD
READING
PLAN.
6/26/86
52.
CHARGE CHARTER REVIEW COMMITTEE TO
M-86-524
STUDY CHANGES IN CITY GOVERNMENT
6/26/86
STRUCTURE.
53.
INSTRUCT CITY ATTORNEY TO DRAFT
R-86-525
DOCUMENT FOR CHARTER AMENDMENT
6/26/86
PROHIBITING THE SALE OR LEASE OF
CITY -OWNED REAL PROPERTY UNLESS
THERE HAS BEEN 90 DAYS OF
ADVERTISEMENT AND AT LEAST 3
PROPOSALS RECEIVED.
72-91
91-92
92-93
93-104
104-106
106-107
108-109
109-110
112-113
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of June, 1986, the City Commission of Miami, Florida,
met at its regular meeting place in the City Hall, 3500 Pan American Drive,
Miami, Florida in regular session.
The meeting was called to order at 9:02 O'Clock A.M. by Mayor Xavier
Suarez with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
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. PRESENTATIONS: (1) PROCLAMATION TO COCONUT GROVE JAYCEES; (2)
COMMENDATION TO FLORIDA INTERNATIONAL UNIVERSITY FOR ARCHITECTURE
PROGRAM. (later same meeting, OFFICERS E. PAEZ AND G. LOPEZ RECEIVED
COMMENDATIONS.)
Proclamation: Coconut Grove Jaycees Day. For the inestimable
contribution they have made to our community and
congratulating them for their appointed status of first
place in the U.S.
Commendation: Florida International university Architec-
ture/Construction Dept. and Coconut Grove * Local
Development Corporation: For their outstanding
contribution to the economic growth of our community.
2. AUTHORIZE COLLECTIVE BARGAINING AGREEMENT WITH SANITATION EMPLOYEES
ASSOCIATION.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: I have a request. Can we do item number 11 out of order so that
the Manager and those who can sign it, and bring it back and finished with it,
please?
Mayor Suarez: Absolutely. We know it is something that has been pending for
a long time.
Mr. Odio: Oh, yes.
1 June 26, 1986
91 t
Mr. Plummer: Oh, no, I don't think we can ratify that contract with
Sanitation. There must be something in that contract, when both of the union
members show up with shirts and ties, and I don't know that we can afford
that.
Mayor Suarez: That is enough to worry anyone, right?
Mr. Odio: That is my shirt and my tie they are wearing!
Mr. Plummer: They took it off your back, right?
Mr. Odio: No, I am proud to say that finally we settled the contract
differences that we had with them. That is an amicable resolution that the
percentage of increase is exactly the same as the Police Department got of
four percent this year, plus three percent, and in addition to that, they get
a $700 a year bonus, provided that they go along with the Administration and
the changes that we are trying to produce in the next few weeks in the way
that we are doing business in the Solid Waste Department by trash pickup and
garbage, and they have indicated they will do so, so it is with great pride
that I present this contract for your approval. They also have agreed to a
drug testing program that will be in place, exactly the same words as that the
Firefighters, which by the way, the firefighters and the City have also agreed
on a contract, and they will be ratified in the next two weeks, and it will be
in front of you by July loth.
Mr. Plummer: I second the motion.
Mr. Dawkins: Move it.
Mayor Suarez: Moved and seconded. It may be that we are the only city in the
nation that has drug testing programs implemented for all of its principal
unions.
Mr. Odio: Yes, and that speaks for itself.
Mayor Suarez: You are to be congratulated on that, along with the union. Any
further discussion from the Commission?
Mrs. Kennedy: Let me just say also that I don't mind giving you some praise
at this time, Mr. Manager, and everybody, on this contract. I am sure that
when the time comes that I have to criticize you, I will also do that, but at
that time everybody commends a lot of praise.
Mayor Suarez: In about a half hour she will be criticizing you, so... call
the roll, please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-493
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI
AND THE EMPLOYEE ORGANIZATION KNOWN AS THE SANITATION
EMPLOYEES ASSOCIATION, FOR THE PERIOD OF OCTOBER 1, 1985
THROUGH SEPTEMBER 30, 1987 UPON THE TERMS AND CONDITIONS
SET FORTH IN THE ATTACHED AGREEMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution 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
NOES:
ABSENT:
None.
Commissioner Joe Carollo
2
June 26, 1986
0 4V
ON ROLL CALL:
•Commissioner Plummer: Oh, why not?
Mr. Dawkins: I want to tell you guys, I am still getting complaints about
you guys with the trash trucks blocking traffic 8:00 o'clock in the morning.
Mr. Bill Smith: We will take care of that, Commissioner. Thank you very
much.
Mr. Plummer: Yes, now they will block it at 8:01 a.m.
3. EMERGENCY ORDINANCE: ESTABLISH FUND, "ENTRANT ASSISTANT PROGRAM '86-'87"
Mayor Suarez: Item 1, Mr. City Manager - emergency ordinance.
Mr. Odio: This is the Entrant Assistant Program. At the last meeting
Commissioner Plummer requested a breakdown of administrative costs and we
have supplied each Commissioner with this information.
Mr. Plummer: Mr. Mayor, each of us have been provided a so-called memo of
justification, which in my estimation is a very poor excuse. My concern is,
and remains as, that this is a $243,000 grant to help people of need, yet only
40 percent of this grant is going to help the people in need. 60 percent of
this is in-house cost. Now, that to me, is a very, very poor ratio. It looks
like the on -job training is in-house, rather than to the people of need. I am
not going to block it here this morning, nor will I accept that the problem is
not ours, it's because of the mandates put on us by the Consortium. Now, if
the thing is wrong, and I personally feel that it is, when you have a program
to help the needy and at least 80 percent of that is not going towards the
program, there has got to be something wrong. I am going to vote for this
project this morning, because at least we will be helping a hundred at $1,000,
in spite of the fact we are helping in-house at $1,300 per person, and I just
think that it is absolutely wrong when you look and see that the salaries for
the participants are $100,000 and the salaries and the benefits for in-house
are $125,000, so I have to say to this Commission, I don't think that we can
look a gift horse in the mouth and say, "No, we don't want it," and turn down
those 100 people, and if in fact the problem is with the Consortium, that is
where I think we have to address the problem so in the future that those that
we are helping are the needy and not the greedy, so I have gone through their
budget and like I say, I am not happy with it, I want to put that on the
record. I think it is wrong and it needs correction, but in no way am I going
to stand in the way of those 100 people who will be afforded a job through
this program this year, but if the Administration doesn't pursue for next year
to correct this situation, they are going to have some serious problems with
me, because in spite of the election, I will still be here.
Mayor Suarez: How can we get the Consortium to more closely to more closely
reflect our priorities in not having too much
Mr. Odio: I am going to be present at the next meeting.
Mr. Plummer: If we can get our Manager to attend the meetings instead of a
surrogate, I think that we might get something accomplished.
Mr. Odio: Mr. Plummer, I will be present at the next... I am going to chair
the next meeting.
Mayor Suarez: If you could impart a little bit of the philosophy that we have
tried to put together here in the last seven months and prior to that on the
part of some Commissioners, that would be very helpful.
Mr. Odio: Yes, sir, I will do that Friday afternoon.
Mayor Suarez: I have all kinds of money spent on administrative when it
should be going to the recipients and the beneficiaries.
3 June 26, 1986
LA
Mr. Plummer: I move item number one.
Mrs. Kennedy: I second.
Mayor Suarez: So moved and seconded.
the ordinance.
AN ORDINANCE ENTITLED -
Any further discussion? Please read
AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL
REVENUE FUND ENTITLED "ENTRANT ASSISTANCE PROGRAM -
1986/87", APPROPRIATING FUNDS FOR THE OPERATION OF
SAME IN THE AMOUNT OF $243,000 FROM THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES AND
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT AWARD
FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSOR-
TIUM TO PROVIDE ON-THE-JOB TRAINING AND PLACEMENT TO
ENTRANTS; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the
requirement of reading same on two separate days, which was agreed to by the
following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
ON ROLL CALL:
Mr. Dawkins: I have the same concerns J.L. has, and I think that this should
be brought to us earlier, and not at the last minute like this. I vote "yes".
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10114.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Officers Eladio Paez and George Lopez were
presented Commendations for having been selected Officers of the Month
for April, 1986.
NOTE FOR THE RECORD: Commissioner Dawkins requested the City
Manager to make sure that City photographers would be afforded modern
and efficient photo equipment.
4 June 26, 1986
4. SECOND READING ORDINANCE: AUTHORIZE ISSUANCE OF CITY OF MIAMI PARKING
SYSTEM REVENUE BONDS, INCLUDING INITIAL SERIES OF BONDS IN AGGREGATE
PRINCIPAL AMOUNT OF $18,000,000.
Mayor Suarez: Agenda item number two.
Mr. Odio: This is the Department of Off -Street Parking. It involves the
advanced refunding of Department of Off -Street Parking System Revenue Bonds.
Mr. Roger Carlton: Mr. Mayor and members of the Commission, my name is Roger
Carlton, Director of the City of Miami's Department of Off -Street Parking. At
your last meeting, you reviewed on first reading, an advanced refunding
ordinance. This is the second reading of the ordinance, which allows at the
July loth meeting for you to review and approve the various documents that
are necessary, including establishing the interest rate. We went out with
City staff and Leslie Pantin, Sr., the Chairman of the Off -Street Parking
Board, to Moody's and Standard & Poor's. They made a few suggestions for
changes in the ordinance, which are really not material, and they have been
reviewed by the City Attorney, and Bond Counsel, and we would recommend your
approval of this ordinance on second reading.
Mr. Dawkins: What staff members went up with you?
Mr. Carlton: My deputy...
Mr. Dawkins: No, no, nol City of Miami Staff members.
Mr. Carlton: Annette De Lara representing the City Manager and the Finance
Department was with us.
Mr. Plummer: Who?
Mr. Carlton: Annette De Lara
Mr. Plummer: Who is she?
Mr. Carlton: She is in Herb Bailey's office and she represented Herb, and she
represented the financing...
Mr. Plummer: What is her position in that office?
Mr. Carlton: She is... I can't tell you her exact title.
Mr. Plummer: Well, that really kills mel
Mr. Carlton: I just... I don't know the exact title, I am sorry, but she was
the designee of the Finance Director and Herb Bailey.
Mr. Odio: She works for the Treasury Department.
Mr. Plummer: Well, no, excuse mel We are talking about $18,000,000 worth of
bonds, and that is not important enough for Mr. Garcia, or Mr. Bailey, to go
up personally on?
Mr. Dawkins: Or the Managerl
Mr. Plummer: And you are telling me they sent up a lady who might be well
qualified, and you don't even know what her position is?
Mr. Carlton: Gentlemen, I don't know exactly.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Mr. Manager, Annette De Lara, do you know her?
Mr. Odio: Yes.
Mr. Plummer: And where does she work?
5 June 26, 1986
Mr. Odio: Department of Finance.
Mr. Plummer: And what is her position there?
Mr. Odio: I don't know her title. I do know she is a very capable
individual as far as bonds are concerned.
Mr. Plummer: She is more capable than Mr. Bailey?
Mr. Dawkins: Or...
Mr. Odio: No.
Mr. Plummer: No? Well then, why didn't Mr. Bailey go? I mean, if we are
paying her $40,000 and Mr. Bailey $80,000, why don't we eliminate one and send
the other, since he is obviously better than she is, or she is better than he
is.
Mr. Odio: Mr. Bailey has other functions and she has only got one function,
which is this.
Mr. Plummer: Is Mr. Bailey got a function more important than $18,000,000?
Mr. Odio: No.
Mr. Plummer: You and I agree.
Mr. Carlton: We consulted with Herb and the financial...
Mr. Dawkins: Well look, we understand all of that. What I am saying to you
is that there is no way in hell, especially if Black people are going to know
a damn thing about bonds and what have you, if you don't take them with you,
OK? Now, I am tired of sitting up here and telling you guys that when you go
to these damn bond counsels, I want them to see some Black faces!... so that
when they go back, at least they know how to get in the door. Go right ahead.
Mr. Carlton: Commissioner, I agree with you. We have...
Mr. Dawkins: OK, look, I am not blaming you. I am giving the hell to the
Manager, OK? This is the Manager's fault, it is not your fault, OK? This is
my Manager's fault, OK? You took who you wanted from your staff, OK? He
didn't send who I wanted from our staff, OK?
Mr. Plummer: OK, this is refinancing, right? What is the new percentage
rate?
Mr. Carlton: We don't know that until the prices come in at your July loth
meeting.
Mr. Plummer: So, this is for bidding?
Mr. Carlton: No, sir. The refinancing that is done is done by negotiated
sale, and as...
Mr. Plummer: Rather than a bid?
Mr. Carlton: Yes, sir, the last refinancing was also done by negotiated
sale.
Mr. Plummer: What about the underwriting?
Mr. Carlton: The underwriters' team is listed in the...
Mr. Plummer: No, no, did you bid for the underwriters?
Mr. Carlton: In a memo that we sent you last time, we told you that we used
our basic team that we used on the last issue.
Mr. Plummer: Well, see, here is what I want to tell you, Mr. Carlton, OK?
Now, I don't know why the Manager has brought this back up, because I think we
were very explicit to him at the last meeting, but I think it proves a point
6 June 26, 1986
that were trying to make, and that is the selection of the underwriters of the
issuance of bonds, 1986. I understand, it is not theirs, it is a different
issue, OK? But, we told you, Mr. Manager, that in fact, that we were not
going to make the selection, you were going to make the selection, based on
the best deal you could make, OK?
Mr. Odio: And we have finished that and we have a deal...
Mr. Plummer: Now, here is the point I want to make to you, Mr. Carlton, OK?
We have companies, and I am not going to name them, one single issue that goes
from $24,600, to $135,0001 And that is through a bid... for this other issue,
it is not your issue, OK? But, I want to tell you, that if you don't go to
bidding, this is what can happen to you, and I want to tell you that there is
a hell of a lot of difference between $24,600, and $135,000.
Mr. Odio: Commissioner, if I may add, I am glad you ordered me to do that,
because now I learned that that is a procedure we must follow, that we will
save a lot of money, and it is a better criteria to use numbers than the
subjective criteria that we had before, so I think this proved to me that we
must do that every time.
Mr. Plummer: No questionl No question. OK, tell me where we are. You are
saying this comes back to us on July loth?
Mr. Carlton: Yes, sir. This comes back to you on July loth for the award of
the bonds. The only...
Mr. Plummer: Well, let me go on the record for you, Mr. Carlton. You can
come back here on July loth, and expecting a vote, but if you don't come back
here showing me that you did as good a negotiation on underwriters, as what
the Manager did, my vote is going to be "no".
Mr. Carlton: You are talking about the spread in the fee that they get paid?
Mr. Plummer: It is right, here. I'll give you a copy.
Mr. Carlton: Yes, sir, we will do that. There is no question that we will do
that.
Mayor Suarez: Is there an implication, Roger, that when you do an advanced
refunding, the company that was previously involved is most knowledgeable, and
that is the reason why you would go back to the same people? Is that implicit
in what you are saying?
Mr. Carlton: Yes, I think there are two issues that are being talked about
here. The first one is the spread and the cost for the underwriters, issue
"A", and we will show you comparables to that...
Mr. Plummer: Tell me, on the record, what you consider to be a ball park
figure right now, of the underwriters.
Mr. Carlton: Let me introduce Dick Monalbano, who is our financial...
Mr. Plummer: You don't have to introduce him, I know him.
Mr. Dick Monalbano: Simultaneous since this bond issue had proceeded, prior
to the City beginning their refunding, Off -Street Parking did put the entire
financing team - the attorneys, the financial advisers, and underwriter on
notice, that when they came back to this Commission, their fees had to equal,
or be less than this competitive process, so to answer your question, they had
all been put on notice that this Friday we would know the results of your
solicitation of proposals.
Mr. Plummer: Now can somebody answer my question?
Mr. Monalbano: Yes, sir. Now, as it relates to management fee, that is' one
of the line items there, we had already told them that it could not exceed a
dollar management fee. I don't know what the results of yours, but we had in
all the planning and estimating, it was a dollar management fee, or no
greater than whatever you got in your competitive process, or a dollar. If
yours was $1.25, Off -Street Parking would be a dollar.
7 June 26, 1986
Mr. Plummer: No, we got some for 80 cents.
Mr. Monalbano: Well, then, it would be that, sir. We did not know at the
time and we were into the process, to answer...
Mr. Plummer: Give me the estimated cost. You are talking about $18,000,000,
at a dollar a thousand?
Mr. Monalbano: I believe you got quotes on a management fee and expenses.
Mr. Plummer: But, this is another issue.
Mr. Odio: Yes, sir, they are different issues.
Mr. Monalbano: But I want to make sure I am responding to...
Mr. Plummer: There are two different fees. One is management, the other is
expenses.
Mr. Monalbano: Yes, sir, management fee. As I said, we set the parameters,
so on an $18,000,000... in fact, the $18,000,000 is the ... the bond issue
will actually be a $15,500,000, so the management fee would be $15,500,
unless you came in at something lower. So now, at 80 cents, it's $0.80 per
thousand.
Mr. Plummer: How about if I told you that under this negotiation, one
management fee which most likely will be the one chosen, is zero.
Mr. Monalbano: Sir, we again, we think the entire price...
Mr. Plummer: And it happens to be a company that I recognize, and I am not
that much into the market.
Mr. Monalbano: Many firms are quoting "zero", and then they make it up on the
coupon. Your financial advisor will be, and we have talked to them, have to
take a look and make sure that they are not passing on a very slight increase
in each of those coupons. I don't want to get into that in a public meeting,
sir.
Mr. Plummer: Well, we are going to get into it somewhere!
Mr. Monalbano: I mean, I don't know the results of that process, but to
answer your... one other...
Mr. Plummer: That is the brains of the process.
Mr. Carlton: J. L., your point is very clear. You've set the standard in
what you are going to do on your G.O. issue, and we will not be any more
expensive than that.
Mr. Plummer: You bet your bippy!
Mr. Carlton: So, your point and your direction is very clear.
Mr. Plummer: What is your estimated savings because of refinancing?
Mr. Carlton: The net savings, after the cost of issuance total over the life
of the bonds is about $667,000. We are going from total about ten and a
quarter down to the low to mid eight range, depending upon what it is on the
loth, so it is a significant reduction.
Mr. Odio: Can I...?
Mr. Carlton: Keep in mind that your approval of this ordinance still does not
sell the bonds. You still have the next bite of the apple on the 10th.
Mr. Plummer: Yes, but right now there is a worm in the apple, I want that out
before the loth.
Mr. Carlton: Your direction is very clear.
Mr. Plummer: I move item 2, since we still have another bite at the worm.
8 June 26, 1986
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any further discussion from the
Commission? Hearing none, please call the roll. Read the ordinance, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF PARKING
SYSTEM REVENUE BONDS OF THE CITY OF MIAMI, FLORIDA,
INCLUDING THE ISSUANCE OF AN INITIAL SERIES OF BONDS
IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING
$18,000,000 FOR THE PURPOSE OF PAYING AT THEIR
RESPECTIVE MATURITIES OR REDEEMING THE OUTSTANDING
PARKING SYSTEM REVENUE BONDS OF THE CITY OF MIAMI
ISSUED PURSUANT TO ORDINANCE NO. 9618, ADOPTED ON MAY
31, 1983; PROVIDING FOR THE PAYMENT OF SUCH BONDS AND
THE INTEREST THEREON FROM NET REVENUES DERIVED BY THE
DEPARTMENT FROM ITS PARKING SYSTEM AND CERTAIN
INVESTMENT INCOME; AUTHORIZING OTHER CLASSES OF
INDEBTEDNESS TO BE SECURED AS HEREIN PROVIDED; SET-
TING FORTH THE RIGHTS AND REMEDIES OF THE HOLDERS OF
SUCH BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS
IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
Passed on its first reading by title at the meeting of June 12, 1986, was
taken up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10115.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: Thank you, Roger.
5. SECOND READING ORDINANCE: PROVIDE METHOD FOR AMENDMENTS TO CITY CHARTER.
Mayor Suarez: Item 3.
Mrs. Kennedy: Mr. Mayor, do you find it appropriate for us to consider item
number 23, I believe it is, at this time?
Mayor Suarez: Yes, is this not related to item 3 in any event? - because item
3 is the procedural ordinance on...
Mr. Plummer: Well, sure it is.
Mrs. Dougherty: That is simply establishing a procedure. We passed it on
first reading last time at the last of the meeting. It establishes a
procedure that basically follows Dade County's procedure and...
Mr. Plummer: You are talking about item 3?
Mrs. Dougherty: Yes.
9 June 26, 1986
Mr. Plummer: 23 is what she is asking about.
Mayor Suarez: 23 has to do with our representative, yes, to the same
committee.
Mr. Plummer: Mr. Mayor, I would ask out of courtesy that this item be held
until we have a full Commission. Commissioner Carollo has a right of input.
Mrs. Dougherty: Item 23 doesn't really have anything to with item 3.
Mr. Plummer: Sure it does. They are going to recommend what we put in 3.
Mrs. Dougherty: No, 3 has nothing to do with that. You are going to have to
pass 3 no matter what you do, even if there is no Charter amendment even
proposed. 3 is just a procedural - Dade County Charter requires that you have
a procedure set up in the ordinance, and we don't have one.
Mr. Plummer: I move item 3.
Mrs. Kennedy: Second.
Mr. Plummer: I assume it is recommended by the City Attorney.
Mrs. Dougherty: Yes, sir.
Mayor Suarez: Moved and seconded. I, like Commissioner Kennedy, felt that it
would have made sense to take up the two, but as Commissioner Plummer is
indicating, we may as well wait until the entire Commission is present before
we vote on additional appointees. Call the roll.
AN ORDINANCE -
AN ORDINANCE PROVIDING A METHOD BY WHICH AMENDMENTS TO
THE CITY CHARTER SHALL BE DRAFTED; REQUIRING CITY
COMMISSION APPROVAL OF THE CHARTER AMENDMENT TO BE
VOTED UPON BY THE ELECTORATE; SETTING FORTH TIME
REQUIREMENTS; CONTAINING A REPEALER PROVISION, AN
EFFECTIVE DATE AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of June 12, 1986,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10116.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
6. INSTRUCT CITY ATTORNEY TO DRAFT DOCUMENT CREATING CITY CANVASSING BOARD.
Mr. Plummer: Mr. Mayor, let me at this time stop on that. Madam City
Attorney, Madam Clerk, really, I had requested, as you will recall, that at
the last City election it was brought very clearly home that this City does
not have a canvassing board made up of its City officials to actually
officially oversee what goes on at City elections.
10 June 26, 1986
Ms. Hirai: That is correct.
Mr. Plummer: And we are dependent upon the Metropolitan Dade County Board,
whatever they are, as the overseers, because I was very much insulted when
they were going to throw me out, that I didn't have the right to come in and
look, but one of the Metro Commissioners had that right to be an overseer in
our election, a canvassing board. I had asked previously, and I am going to
ask again, why this City has not gone about the business of establishing our
own canvassing board?
Ms. Hirai: Mr. Commissioner, at the time, I expressed a desire to please it
formed. The Metro -Dade County is composed by David Leahy, Supervisor of
Elections, one of the Commissioners, and a judge.
Mr. Plummer: Right.
Ms. Hirai: And I would very much appreciate having a similar one for the
City.
Mr. Plummer: Mr. Mayor, at this point I will offer a motion that the City
Attorney be instructed immediately to proceed with whatever is the legal
documents necessary to establish a City... what is it called?
Mrs. Dougherty: Canvassing board.
Mr. Plummer: Canvassing board. I so move.
Mayor Suarez: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Seconded. My understanding, I may be wrong with this one,
but...
Mrs. Dougherty: J.L., it is just a resolution, I will have it back today.
Mayor Suarez:...is that we in fact, the Commission is in fact, the canvassing
board, but you are right Commissioner, that when it comes to actually counting
the ballots, and being involved in that process, the County seems to sort of
be all over the place, there, trying to control the entire process, and we
have to formalize it, our legal right to have a canvassing board.
Mr. Plummer: I am instructed by the City Attorney that that can be done by
resolution and she will have it ready this afternoon, which I thank her for.
Mayor Suarez: Call the roll, please, on the motion.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-494
A MOTION INSTRUCTING THE CITY ATTORNEY TO IMMEDIATELY
PROCEED TO DRAFT AN APPROPRIATE RESOLUTION CREATING THE
CITY CANVASSING BOARD. (See later R-86-516)
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
11 June 26, 1986
7. FIRST READING ORDINANCE: GARBAGE AND TRASH.
Mayor Suarez: Item 4.
Mr. Odio: Yes, sir, this is to me, probably the most important ordinance we
can pass, and it will help us to do what we must do to clean up this City of
Miami from trash and garbage. This Chapter 22, we have worked on this for the
past three or four months and it will give us the tools necessary to be able
to what we have to do to clean up the City with the cooperation of the Solid
Waste Department employees, and at this time I would like Joe Ingraham to make
the presentation.
Mr. Joseph Ingraham: Members of the Commission, Mayor, the revisions in
Chapter 22 specifically provide an opportunity for the Department of Solid
Waste to more effectively provide its services in the area of garbage and
trash collection, and also intensify...
Mr. Plummer: Mr. Ingraham, we have all read this. Mr. Marchner is here
appearing, I thought maybe in opposition. He is not, he is in favor. Let's
move, let's don't sit here and talk about it all day. Let me just add one
thing. Mayor Suarez and I sat with our mouths wide open when we listened to
Mayor Bob Martinez from Tampa, that is not a plug for his Governor's race, but
let me tell you something, that man, when he announced the City of Tampa has a
millage rate of 4.4, and we are sitting there looking for the last three to
four years at a millage rate of 10, Mr. Odio immediately sent three little
Indians over to Tampa. They are there now, and it became very obvious how
they do it. There was no big secret. It is called enterprise funds, and that
is, that each one of them becomes self -dependent upon the fees collected, and
that the poor home owner doesn't continue to get it in the neck, and as far as
I am concerned, if the Manager of this City doesn't proceed to follow that
pattern which is working very well with enterprise fees, I think we are making
a serious mistake, and this is one of the ways, this is to be proposed as an
enterprise fee, and the people who receive the service, they pay for it. And
as far as I am concerned, I think it is a damn good thing, and let's move with
it. Mr. Mayor...
Mr. Dawkins: I second, and under discussion...
Mayor Suarez: Moved and seconded.
Mr. Dawkins: Under discussion on page 25, under number one, scratch
"curbside"; page 25, under number one, scratch...
Mr. Plummer: Wait, wait a minute, Miller, you have got all of these papers.
He is not quoting from what you are looking at. They are looking at the
agenda and there is no page 25.
Mr. Dawkins: Yes, I am looking at the agenda item. Scratch the word,
"curbside", and insert, wherever you have been putting your garbage, I mean
your trash, OK? All right, and Madam City Attorney, you did put in here, but
I need to know on what page, that it is unlawful, and we will make it known in
the City of Miami to use the blowers, because those mechanical blowers don't
do anything but blow trash from one person's yard to the other yard, so we
will no longer allow the use of blowers. You will rake your trash up and bag
it. Now, it is in here. I can't find out what page. What page is it on?
Mr. Pierce: Page 14.
Mr. Dawkins: Page 14?
Mr. Pierce: Subsection 4 on Page 14.
Mr. Plummer: My good friend, Miller Dawkins.
Mr. Dawkins: All right, 4, it says " Sweeping, blowing by mechanical means,
or dumping litter or refuse, including water or dead animals into, upon, along
the drains, gutters, alleys lanes, sidewalks, streets, or vacant lots, or in
any public or private premise within the municipal City of Miami..." It
12 June 26, 1986
E
I-J,
doesn't say here that it is unlawful.
unlawful?
Now, how do I get it to say it is
Mrs. Dougherty: If you turn the page before, it says, "Prohibited acts."
Mr. Odio: Commissioner, these are under prohibited acts.
Mr. Dawkins: OK. "The following shall be unlawful", OK. Now, let's...
Mr. Odio: Commissioner, may I ask you a question, please sir?
Mr. Dawkins: Yes, sir.
Mr. Odio: On going back to Page 25, on the word "curbside", what you mean to
say is, that they will place the trash where they are now normally doing so.
Mr. Dawkins: Wherever... I don't put my garbage by no curb. I don't put no
trash by the curb, and I keep telling you every time I have been up here, and
I continue to tell you, you are not going to back into curbside with no
legislation.
Mr. Odio: No, sir, what I am asking...
Mr. Dawkins: Don't even put curbside in the legislation, so we have to
discuss it at any time.
Mr. Odio: We will strike the word, and put "where normally"...
Mr. Dawkins: No, no, no, you will not try. We will word it. If you don't,
then I am not going to pass the item.
Mr. Odio: We are striking the word, and putting where "normally trash has
been placed."
Mr. Dawkins: That is right. if I am putting it by the telegram post at the
alley, then that is where I'll continue to put it.
Mr. Plummer: Yes, but right now you are putting it in your neighbor's yard.
Mr. Dawkins: All right now, are we back to...
Mr. Plummer: Yes, let's get on that blower for a minute. I've got a problem,
and it is not just a problem. I've paid $225 last week for a new onel
Mr. Dawkins: You can afford itl
Mr. Plummer: Are you telling me that it is unlawful if I use that device to
blow it into a neighbor's yard, I have no problem with that, but are you
telling me that I can't take and do my sidewalks and my driveways?
Mr. Dawkins: When you blow it, how do you gather it to pick it up? I mean
you take it, and it just keeps blowing, and where does it stop blowing?
Mayor Suarez: How does it read right now on the ordinance, the prohibition?
Mrs. Kennedy: Could we get some clarification on that?
Mr. Dawkins: Ma'am?
Mrs. Kennedy: I would just like some more clarification on that.
Mayor Suarez: Yes, well, I...
Mr. Dawkins: That is why I brought it up, I want it clearer, OK?
Mr. Plummer: And you find a plastic bag in your front yard.
Mr. Dawkins: If Commissioner Plummer can tell me, as he walked out with the
blower, and it is blowing in front of him, if he can tell me where it stops
blowing the trash, and he takes a rake, and rakes it up and puts it in a bag,
then I can understand what we are saying.
13 June 26, 1986
Mr. Plummer: OK.
Mr. Dawkins: OK, but even the people who are paid professionally to do yards,
all they do is take the blowers, blow the clippings and all into the gutter,
and leave, and they are finished.
Mayor Suarez: Well, Commissioner Plummer blows it into the yard of
Commissioner Kennedy........
Mrs. Kennedy: No, that I can guarantee.
Mayor Suarez: Who then has to pick it up with a rake.
Mr. Dawkins: Then she takes the blower and blows it back in his yard. See,
they got a thing going.
Mr. Plummer: Yes, but look at the guy that sells the blowers, the money he is
making!
Mr. Dawkins: Well, I would like, and if... that is all, I would like to see
them outlawed, that is all.
Mayor Suarez: I have to say, that if we do that, and it makes sense,
Commissioner Dawkins, and I also would like to clarify that when you put your
bundle of garbage or trash, rather, you don't put it any place except in your
own property, or adjacent...
Mr. Dawkins: Oh, wait a minute!
Mayor Suarez: We have got something bad for everybody here on this
Commission, I think!
Mr. Dawkins: See, that is fine in your neighborhood, OK, but in my
neighborhood, most of the people are renters, OK, so they have no property, so
they are not concerned, so therefore, we do have, and as Mr. Ingraham has
said, they are going to attempt to put mini-dumpsters at these spots where we
usually put the trash, so that dogs and stuff will not... and the dumpster can
come around. They are going to try things, but usually they are areas on the
alleys, certain places... you know, you have seen where the thing goes by and
scoops out all the dirt.
Mayor Suarez: Sure, and it is not always in front of your yard.
Mr. Dawkins: That is right. OK.
Mayor Suarez: You know, one interesting feature of this, and the Commissioner
just alluded to it, is the idea of having mini -dumps throughout the City, and
they will be well protected and well hidden, and aesthetically pleasing so
that they don't look like eyesores in our community, but at least... do you
have any idea, Joe, how many mini dumps will we will be able to have in this
City that people can take their extra trash to?
Mr. Ingraham: Initially, we are looking at the design right now of two,
utilizing our present site at the Department, and the potential installation
of others in the City, through the means of rolloffs and other things of that
nature.
Mayor Suarez: It would be a fantastic thing if whenever you don't have
your... if you have used up your four appointments a year that you get for
bulky waste, or if you otherwise have some stuff that you simply cannot wait
to have an appointment made with the City to pick up large items, you could
take them to a mini -dump, and that is a fantastic idea if you start with two.
That obviously is not enough. Hopefully, eventually we will have more of
these. I know that they have them in other cities and it is a fantastic
concept. Our City should be a lot cleaner for it.
Mr. Odio: Mr. Mayor, we are going to pick trash every week now, instead of
twice a month, and that should keep...
Mr. Plummer: Well, let me ask this question. Have you looked at the concept
of what Miami Beach has done very successfully? In what regard - twice a
year, on a weekend, they place these dumpsters, these construction kind of
14 June 26, 1906
rr s
dumpsters on, I think it is eight different locctions, and people would not
have to go far to get rid of refrigerators, in other words, it is perfectly
legal on those two weekends to go to those dumpsters and just get rid of big,
bulky, and heavy stuff for those two weekends, and no questions asked.
Mr. Ingraham: Commissioner Plummer, we plan that during the course of the
year, the homeowners will have four of those pickups right at their home. On
top of that, we are planning right now with area associations to do exactly
that throughout the City.
Mr. Plummer: OR.
Mrs. Kennedy: Let me just say that I think this is a great ordinance. If a
visitor to our City sees our streets lined with trash, with mattresses, with
oversized lots - overgrown lots, rather, we can build all the buildings in
the world, but our image will be that of a very dirty city. I think this is
the first step in that direction.
Mayor Suarez: OK... I am sorry, Commissioner.
Mr. Dawkins: Go ahead, Mr. Mayor.
Mayor Suarez: No, I was going to allow someone from the public, so go ahead,
yourself, first.
Mr. Dawkins: I will say you one thing, and then I will be finished. I am
not running, but J.L. Plummer, Mayor Suarez and Joe Carollo will be interested
to know if you, by any chance, plan to increase anybody's garbage fees with
any of this.
Mayor Suarez: How about reduced people's garbage fees, if in view of the fact
that we hope to pick up $7,000,000 from private sector...
Mr. Dawkins: Let's don't reduce anything it until we find out what Reagan
will or will not give us and everything else.
Mr. Ingraham: The Budget Director is looking at that right now. As far as
residential homeowners are concerned, there is no impact on the upside as far
as increase in fees is concerned.
Mrs. Kennedy: Let me ask you something here in the ordinance, where it says,
"Provided thereby, for regulations concerning the collection of waste
materials, the establishment of fees." What do you mean by that, then?
Mr. Ingraham: Well, that is in reference to what we call the multi -service
area that is in the ordinance, in regard to the commercial district, where as
it stands right now, there are a number of individuals in the commercial side
of the City who were receiving services that are paying little or no fees.
This is an opportunity to have a mechanism to create a fee situation for
commercial entities and there are 38,000 of them that are really not
supporting the General Fund of the City of Miami as far as the solid waste
services is concerned.
Mayor Suarez: For myself, I will once again make it clear that my hope and
my feeling, and actually my promise to the voters was to reduce that waste
fee, because $160 a year is unfair for people to pay when they are paying on
top of the real estate taxes, and I surely hope that when the budgetary
process is completed, we will see a reduction of that fee, which didn't use to
exist a few years ago, and probably shouldn't exist at all, but at least you
have done something very valuable. This is something that everybody should be
aware of, which is that you have measured the percent of the income in the
Department, that comes from residential, and that percent was 91 percent up to
now, in all the gross income of the Department, the revenues of the
Department, and now we are changing that by charging some commercial
establishments, such that I guess the percentage will go down amount to no
more than about 60 percent for residential, and hopefully...
Mr. Pierce: Exactly.
Mr. Odio: Yes, sir. We are now, 90 as you said. The businesses are not
paying their share, and and we also have to... I think we are going to have an
incentive for businesses to buy our services, in addition to what they are
going to be changed.
15 June 26, 1986
Mayor Suarez: Plus yes, we are going to compete for other services that right
now are rendered by private companies, so that maybe eventually we will be
able to generate a great deal for income to the Department.
Mr. Odio: You will see in the budget coming out that the Solid Waste
Department is an enterprise fund in the budget, and that also the Building and
Zoning Department, and maybe we are working on Public Works, so that we start
identifying the services we need to charge for.
Mrs. Kennedy: If you are ready for a vote, I so move.
Mr. Russ Marchner: Mr. Mayor and Commissioners...
Mayor Suarez: When we give Russ a chance to...
Mrs. Kennedy: Oh, OK.
Mr. Russ Marchner: Thank you very much. I am Russ Marchner, Executive
Director of the Dade League of Cities, but I am here this morning as chairman
of "Keep Dade Beautiful," an affiliate of the Greater Miami Chamber of
Commerce, and I'd just like to praise your staff and yourselves for this
forward movement, this ordinance. We are going to take this to the other
jurisdictions in Dade County and hope that they adopt something similar,
because this does exactly what we need at this point in time, and thank you
for your efforts.
Mr. Plummer: Read the ordinance.
Mrs. Joanne Holshouser: Joanne Holshouser, 4230 Ingraham Highway, for the
Coconut Grove Civic Club. The complaint that we get most about garbage
collection, trash collection in Coconut Grove is not the fee, and it is not
the men and women who do it. The trash collectors are leaving huge pits on
the side of roadways. I think if Risk Management would look at them, they
would be alarmed, because there are many of these pits that could cost the
City a lot of damages, if anybody breaks an axle or breaks a legs, or... you
know, there are pits that when it rains, they could lose a small child
permanently in those pits. That is the biggest complaint. The suggestion I
have that comes again from feedback in Coconut Grove - I think it is true in
other residential areas too - the enormous waste that we have in cutting
trees and hauling the trees away and paying to have them disposed of. Is
there no way that we could have tree depositories in different residential
areas and mandate that residents, or the people that are cutting the trees
must take the trees there and leave them. It might be a used project that
they could then recycle them and sell them for firewood. The other question
that we get in the Grove a lot, is what do people do with hazardous waste? If
there could be at least two or three identifiable substations in the City
where people knew that they could take all sorts of hazardous waste paints
and paint thinners, and grease, oil, things like that, we would appreciate
that if we could find a place to do it, but if you could take care of those,
potholes. Thank you.
Mayor Suarez: Some of those holes that you refer to, Joanne, are quite large.
There is one in my block that I looked at. It is almost three feet deep and
it is dangerous. Yes, Mr. Sabines.
Mr. Luis Sabines: (TRANSLATED BY CESAR ODIO) I am co -person of the Latin
Chamber of Commerce. He doesn't speak English very well, that is why he is
speaking Spanish. In an emergency meeting they had last night at CAMACOL, we
approved to support in any which way. We would pick up the garbage in the
City. It is about time that the City of Miami, which is a clean City, and the
Latin Chamber is in full support of this measure.
Mayor Suarez: Thank you, Mr. Sabines.
roll.
Mr. Plummer: Read the ordinance.
Mayor Suarez: Read the ordinance.
OK, any further discussion? Call the
16
June 26, 1986
AN ORDINANCE ENTITLED -
AN ORDINANCE REPEALING IN ITS ENTIRETY CHAPTER 22,
ENTITLED "GARBAGE AND TRASH", OF THE COME OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED, EXCEPT FOR SECTIONS
22-12 OF SAID CHAPTER, AND REPEALING SECTIONS 23-5
THROUGH 23-9 OF CHAPTER 23, ENTITLED "HEALTH" OF SAID
CODE, AND SUBSTITUTING THEREFOR A NEW CHAPTER 22
PROVIDING THEREBY FOR REGULATIONS CONCERNING THE
COLLECTION OF WASTE MATERIAL; ESTABLISHMENT OF FEES,
AND ENFORCEMENT MEASURES, FURTHER PREEMPTING TO THE
CITY THE WASTE COLLECTION FUNCTION IN THE ENTIRE CITY
EXCEPT AS OTHERWISE PERMITTED; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: 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 the public.
8. FIRST READING ORDINANCE: INCLUDE BUILDING AND ZONING DEPARTMENT AS A
MEMBER OF CITY'S PLAT AND STREET COMMITTEE.
Mayor Suarez: Agenda item 5.
Mr. Plummer: Housekeeping, I move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Further discussion from the Commission?
Read the ordinance please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI,
FLORIDA, CHAPTER 54.5 ENTITLED "SUBDIVISION
REGULATIONS", BY AMENDING SECTION 54.5-1, ENTITLED
"DEFINITIONS," TO INCLUDE THE BUILDING AND ZONING
DEPARTMENT AS A MEMBER OF THE CITY'S PLAT AND STREET
COMMITTEE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
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 the public.
17 June 26, 1986
9. FIRST READING ORDINANCE: MODIFICATION OF INTEREST RATE OF $7,000,000
POLLUTION CONTROL AND INCINERATOR FACILITIES BONDS.
Mayor Suarez: Item 6.
Mr. Odio: This ordinance is to be able to allow us to change the interest
clause to comply with State law that allows interest rates to be tied to
market rates, therefore making these bonds. It is important to consider this
issue at this time because we must have your approval. It has to go to the
electorate on September 2nd of 1986. This ordinance will allow us to do
that.
Mr. Dawkins: Mr. Manager.
Mrs. Kennedy: Mr. Manager.
Mr. Odio: Yes.
Mr. Dawkins: What will this money be used for?
Mr. Odio: This is the monies that we need for the Solid Waste Department.
Mr. Garcia: My understanding is...
Mr. Dawkins: Wait now, let's be sure... not what Department will it be used
in, what will it be used for?
Mr. Odio: Oh, I will let Joe answer that, but specifically I know we need the
blowers, we need the vacuum cleaners, we need the steam machines. If we need
any other, I don't...
Mr. Dawkins: All right...
Mr. Odio: That is what it is earmarked for.
Mr. Dawkins: OK, get me a memo please, spelling out what you are going to
spend this money on...
Mr. Odio: Yes, sir, I will.
Mr. Dawkins:... so that when the bond issue is passed, I can tell people this
is what we did with it, or this is what we didn't do with it. Thank you.
Mrs. Kennedy: Mr. Manager, I would like to know in dollars and cents, what is
the difference, you know, how much would the City make?
Mr. Carlos Garcia: I am not sure I understand the question, Commissioner?
Could you rephrase...
Mr. Odio: How much would we save.
Mrs. Kennedy: OK, the way I see it, and please correct me if this is correct,
we have sold $3,000,000 of pollution control...
Mr. Garcia: That is right.
Mrs. Kennedy: ... and we can make eight percent on the remaining $4,000,000,
whereas before we could only make seven -and -one-half percent.
Mr. Garcia: It is not necessarily what we make, but what we paid for the
bonds. If we leave the seven and one-half percent cap on the bonds, we cannot
sell them.
Mrs. Kennedy: Well, you are talking about one-half percent.
Mr. Garcia: Right.
18 June 26, 1986
Mrs. Kennedy: So, half of one percent of $4,000,000 is S20,000.
Mr. Garcia: Right, but they...
Mrs. Kennedy: On top of that, you know, we have to pay attorney's fees.
Mr. Garcia: Right, the bonds as they are today, authorized by the voters
cannot be sold because they have that cap at seven and one-half percent. The
interest rates this week are around eight percent, and right now they are
still very low, but it is about seven and one-half percent, so it is just
impossible to sell the bonds. No one will buy a bond for seven -and -one-half
percent. That is the reason we want to delete the cap and let the cap float
with the market, which may be eight percent today, or nine percent tomorrow,
or maybe it will go down to seven percent in the future.
Mr. Plummer: What happens if next week it goes to 13?
Mr. Garcia: If the City still wants to sell the bonds, that is the rate we
will pay. Of course, we don't have to sell the bonds if we decide not to do
it, but all we want is to have the flexibility of being able to sell the
bonds if the City Commission decides that is the action they want to take.
Mayor Suarez: How much flexibility are you asking for is what all...
Mr. Garcia: It is going to float, depending upon the market rate. It depends
on the market rate. Back in 1970, bonds were sold for five, six percent, that
is why we had - we had back then the seven -and -one-half percent cap. In the
early 80's, it went up to ten percent, now it back down to eight percent
again, but we don't know what they are going to be today or tomorrow. As a
matter of fact, we would have liked to have sold some of these bonds today,
but we could not afford running the risk of having a rate higher than seven -
and -one-half percent come in and that case we would have to reject all the
bids and start all over again.
Mr. Plummer: Well, but I think, the Mayor is expressing a concern that I
have, that is just to give you total flexibility, I've got a problem with.
To raise it from seven -and -one-half to maybe ten, with a cap at ten, I feel
more comfortable knowing that it is not going to be a runaway situation.
Mr. Garcia: Well, it will not be a runaway situation Commissioner, in the
sense that we always have control over what rate we pay. When we receive
those bids today, if we feel they are too high, we can always reject them, so
it is really up to the City Commission to make the final decision on the
rates. Any other bonds that we have sold for the last few years, police, fire
highways and sewers, they have that flexibility. We have that movable inter-
est rate and that will be decided at the time of the sale.
Mr. Plummer: Who is the bond counsel for this issue?
Mr. Carlos Garcia: We have not selected bond counsel because we are not
planning to sell the bonds today. When we reach that point, then we'll decide
on the bond counsel and of course, it will be one of the three firms that the
City Commission has selected.
Mayor Suarez: Along the same lines, Carlos, remember we have to now get the
voters to approve it.
Mr. Garcia: Right.
Mayor Suarez: And if we don't specify a maximum, we're going to be in the
funny position that Commissioner Plummer was alluding to of having to suggest
to people that they vote in favor of the additional increase in the interest
rate without telling them a maximum. It's a little tricky.
Mrs. Kennedy: Yes, they could reject it, let me tell you.
Mayor Suarez: Yes, people might reject it.
Mrs. Kennedy: Then what happens?
Mr. Garcia: If you feel comfortable with using a, say, ten percent cap, I
don't think that would create any problems right now, because as I said,
19 June 26, 1986
I * 4
interest rates today are much lower than ten percent. So that will not become
a problem today.
Mayor Suarez: These are obviously tax exempt municipal bonds too, so people
get the additional benefit of the tax exemption. We can't go for less than
ten. I'm not sure that we ought to go for....
Mr. Plummer: That's if Congress doesn't change it. What they're playing with
up there now nobody knows.
Mayor Suarez: Would these be a - we'd be in a position to sell these this
year?
Mr. Garcia: We can either sell the bonds themselves, or if we need the cash
immediately, we can sell what is called bond anticipation notes. It is a
note that will be redeemed once the bonds are sold next year. So we can go
either way.
Mayor Suarez: It guarantees the interest rate and guarantees that we are
within the law.
Mr. Garcia: That's right, yes, sir.
Mayor Suarez: The status of that in Congress is pretty good, by the way.
They won't take away any of these exemptions for bonds for this sort,
certainly. We get into other kinds of facilities.
Mr. Plummer: I think the Senate bill didn't show that. The House bill
doesn't.
Mayor Suarez: The Senate bill is still up in the air, but I mean it looks
good. O.K., Commissioners, what's your pleasure? You want to put a cap? You
want to leave it open?
Mr. Plummer: I'll move the item on a ten percent cap maximum.
Mr. Dawkins: Second.
Mayor Suarez: So moved and seconded. Any further discussion from the
Commission? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 7864,
ADOPTED MAY 13, 1970, THEREBY PROVIDING, SUBJECT TO
APPROVAL BY THE ELECTORATE AT AN ELECTION TO BE HELD
ON SEPTEMBER 2, 1986, THAT THE SEVEN AND ONE-HALF
PERCENT (7-12%) PER ANNUM MAXIMUM INTEREST RATE
PAYABLE ON $7,000,000 POLLUTION CONTROL AND
INCINERATOR FACILITIES BONDS OF THE CITY OF MIAMI,
PREVIOUSLY AUTHORIZED TO BE ISSUED UNDER SAID
ORDINANCE NO. 7864, BE MODIFIED TO ALLOW INTEREST TO
BE PAID ON $4,000,000 OF SAID BONDS REMAINING
UNISSUED AT A RATE OR RATES NOT EXCEEDING THE RATE
PROVIDED FOR BY STATUTES OF THE STATE OF FLORIDA BUT
NOT TO EXCEED TEN PERCENT (10`G) PER ANNUM.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
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 the public.
20 June 26, 1986
10. OPEN BIDS FOR SALE OF $12,000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS, $5,000,000 STORM SEWER IMPROVEMENT BONDS,
$3,000,000 SANITARY SEWER SYSTEM BONDS, AND $2,000,000 STREET AND HIGHWAY
IMPROVEMENT BONDS
Ms. Hirai: Mr. Mayor, we have bond bids to be opened at 10:00.
Mayor Suarez: O.K., since we're going to have some discussion apparently on
item 7, let's open the bids.
Mr. Plummer: What item?
Ms. Hirai: Item 25, I need a motion, Mr. Mayor.
Mrs. Kennedy: So moved.
Mr. Dawkins: Second.
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 86-495
A RESOLUTION TO RECEIVE, OPEN, READ AND REFER TO THE CITY
MANAGER FOR TABULATION AND REPORT BIDS AUTHORIZED TO BE
RECEIVED THIS DATE UNDER RESOLUTION NO. 86-437 FOR THE
SALE OF $12,000,000 POLICE HEADQUARTERS AND CRIME
PREVENTION FACILITIES BONDS, $5,000,000 STORM SEWER
IMPROVEMENT BONDS, $3,000,000 SANITARY SEWER SYSTEM BONDS
AND $2,000,000 STREET AND HIGHWAY IMPROVEMENT BONDS OF THE
CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Ms. Hirai: Mr. Mayor, these are bonds for the sale Police Headquarters and
Crime Prevention Facilities. There was an error in the agenda. It's
$22,000,000, Mr. Garcia informs us.
Mr. Plummer: What does that do to us legally? Madam City Attorney, the
agenda shows $12,000,000. They're saying it's $22,000,000.
Mr. Garcia: Commissioner.
Mr. Plummer: You're not the attorney, yet.
Mrs. Dougherty: Under your resolution, you have the right to reject them all.
Mr. Plummer: I'm not talking about rejecting them. Are we in a legal problem
as far as the agenda is concerned.
Mrs. Dougherty: Oh, I see what you're saying, no, no.
Mr. Plummer: O.K., just on the record.
BIDS WERE RECEIVED FROM THE FOLLOWING INSTITUTIONS:
21 June 26, 1986
1
Shearson Lehman, Inc. ..............
Southeast Bank . . . . . . . . . . . . . . . . . . . . .
Prudential Bache Securities Inc....
Bankers Trust Company and Associates
Morgan Guaranty Trust Company of N.Y.
Citicorp Investment Bank ........6.
7.846125%
7.68645%
7.6712%
7.7322%
7.8891%
7.6572%
Mr. Odio: Commissioners, these are the best bids we have had in at least in
the last- Michael tells me- six years.
Mayor Suarez: In terms of the total number of bids and how close they are to
one another and how low or?
Mr. Odio: And the low.
Mayor Suarez: What does the low come out to be?
Mr. Plummer: 7.65, Citicorp.
Mayor Suarez: Six five two or 7.65 flat?
Mr. Garcia: That's a very low interest rate. Last week, on Friday, interest
rates for A -rated bands were 7.87: so these are very good bids.
Mayor Suarez: Thank you.
Mr. Plummer: Can I ask a dumb question?
Mr. Dawkins: Yes, you may.
Mayor Suarez: Dawkins is indicating you don't need permission for that.
Mr. Plummer: My former friend, how can these people bid at these interest
rates knowing at the time that the cap was 7-1/2?
Mr. Garcia: The bonds that have the 7-1/2 percent cap are not being sold
precisely because they have that cap. What we're selling today are police
bonds, highway bonds, sewer bonds, which don't have that cap. The cap exists
only for pollution control and an old issuance and all authorization of street
and highways, which we're not selling today.
Mr. Plummer: Thank you.
Mayor Suarez: We need a motion?
Ms. Hirai: No, sir, we already had one.
11. FIRST READING ORDINANCE: PROVIDE FOR HOLDING OF SPECIAL ELECTION ON
SEPTEMBER 2, 1986 FOR MODIFICATION OF INTEREST RATE OF $7,000,000
POLLUTION CONTROL AND INCINERATOR FACILITIES BONDS
Mr. Plummer: Back to item 7.
Mayor Suarez: Back to item 7, which is a companion to item 6.
Mr. Odio: This is to hold the special election.
Mr. Dawkins: Is there any reason why it has to be in September and not in the
November election?
Mayor Suarez: Good question.
Mr. Odio: No reason to put it in November.
Mr. Plummer: I think the only thing politically you might be looking at is on
the November ballot there might be a lot of things and it might be confusing.
22 June 26, 1986
Mrs. Kennedy: You're going to get more people voting in the November ballot
than you will in the September one.
Mrs. Dougherty: But you're going to have so many issues.
Mayor Suarez: Is that a fairly big difference, Madam City Clerk, do you
remember, on the primary versus the November election?
Ms. Hirai: In terms of what, Mr. Mayor?
Mayor Suarez: The voter turnout.
Ms. Hirai: It depends on the degree on controversy.
Mr. Dawkins: What J.L. is saying is that there will be so many items that
people are just going to bang -bang and get out. No problem. I call the
question.
Mayor Suarez: Moved item 7, Commissioner Dawkins.
Mr. Plummer: Read it.
Mayor Suarez: We need a motion and a second.
Mr. Plummer: No, we had it. I moved it.
Mrs. Kennedy: Second.
Mayor Suarez: I'm sorry. I heard a motion and not a second. Moved and
seconded. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON
TUESDAY, SEPTEMBER 2, 1986 WITH RESPECT TO
AUTHORIZATION FOR A MODIFICATION IN THE MAXIMUM
INTEREST RATE PAYABLE ON PREVIOUSLY AUTHORIZED
$7,000,000 POLLUTION CONTROL AND INCINERATOR
FACILITIES BONDS OF THE CITY OF MIAMI.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
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 the public.
12. FIRST READING ORDINANCE: MODIFICATION OF INTEREST OF $17,375,000 STREET
AND HIGHWAY IMPROVEMENT BONDS
Mayor Suarez: Item 8.
Mr. Plummer: What does 8 do?
Mrs. Kennedy: Is 8 a companion to 9?
Mr. Garcia: It is similar to item 6, except that instead of being pollution
control bonds, in this case, these are street and highway bonds, which we
still have two million and some that we need to sell.
23 June 26, 1986
9
W,
Mr. Plummer: So what you're saying is that you need to lift the cap up to
ten.
Mr. Garcia: Yes, sir.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mr. Dawkins: Under discussion.
Mayor Suarez: Moved and seconded, Commissioner Dawkins.
Mr. Dawkins: Under the ballot, I mean when we put it on the ballot, it will
say what the balance is, $2,000,000. It will not say $17,000,000.
Mr. Garcia: That the City Attorney will have to answer.
Mayor Suarez: It will be extremely helpful if it said what the balance is,
because it makes it sound like we're issuing another $17,000,000.
Mr. Dawkins: I know we're not going to vote for it if it says $17,000,000.
Mrs. Dougherty: We'll bring back the exact language of the ballot question
back to you.
Mr. Dawkins: The people will have to know that we're only ask an authoriza-
tion to sell $2,000,000 worth, not $17,000,000.
Mayor Suarez: Absolutely, that also clarifies what we're doing to do, because
otherwise it sounds like we're issuing them for the first time, as opposed to
just simply authorizing a higher rate of interest.
Mrs. Kennedy: I just hope it passes.
Mayor Suarez: I'm trying to make it as easy as possible for the voters to
understand and therefore to pass it. Do we have a motion on 8?
Mr. Plummer: I moved it.
Mrs. Kennedy: Yes, and I seconded.
Mayor Suarez: With the understanding that those modifications will be made
prior to it being on the ballot. Call the roll. Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 7861,
ADOPTED MAY 13, 1970, THEREBY PROVIDING, SUBJECT TO
APPROVAL BY THE ELECTORATE AT AN ELECTION TO BE HELD
ON SEPTEMBER 2, 1986, THAT THE SEVEN AND ONE-HALF
PERCENT (7-1/27.) PER ANNUM MAXIMUM INTEREST RATE
PAYABLE ON AN AGGREGATE PRINCIPAL AMOUNT OF
$17,375,000 STREET AND HIGHWAY IMPROVEMENT BONDS OF
THE CITY OF MIAMI, PREVIOUSLY AUTHORIZED TO BE ISSUED
UNDER SAID ORDINANCE NO. 7861, BE MODIFIED TO ALLOW
INTEREST TO BE PAID ON SAID BONDS AT A RATE NOT TO
EXCEED TEN PERCENT (10%) PER ANNUM.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
24 June 26, 1986
The City Attorney read the ordinance :into the public record and
announced that copies were available to the members of the City Commission and
to the public.
13. FIRST READING ORDINANCE: PROVIDE FOR HOLDING SPECIAL ELECTION SEPTEMBER
2, 1986 FOR MODIFICATION OF INTEREST OF $17,375,000 STREET AND HIGHWAY
IMPROVEMENT BONDS
Mr. Plummer: I move 9, which is a companion.
Mr. Dawkins: Second. Read the ordinance.
Mayor Suarez: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE PROVIDING FOR THE HOLDING OF A SPECIAL
MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA, ON
TUESDAY, SEPTEMBER 2, 1986 WITH RESPECT TO
AUTHORIZATION FOR A MODIFICATION IN THE MAXIMUM
INTEREST RATE PAYABLE ON PREVIOUSLY AUTHORIZED STREET
AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI IN
THE AGGREGATE PRINCIPAL AMOUNT OF $17,375,000.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
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 the public.
14. EXECUTE AGREEMENT WITH AIDA LEVITAN FOR CONSULTANT SERVICES ON
JOURNALISTS TO TOUR MIAMI AREA; CONNECTIONS UNLIMITED OF DADE COUNTY AS
SUB -CONSULTANT
Mayor Suarez: Item 12.
Mr. Odio: We were instructed by the City Commission to approve $30,000 and
that Ms. Levitan should come back and tell us who would be the subconsultant
that would help provide the services before we approve the balance up to the
$40,000.
Ms. Aida Levitan: The subconsultant will be Connections Unlimited of Dade
County, a firm of Pat Skubish and Ester Lene Lewis, who has a lot of
experience in the travel and tourism industry. They're more than willing to
meet each one of the Commissioners in person if you would like it that way.
Mrs. Kennedy: Pat Skubish and Ester Lene Lewis.
Ms. Levitan: Ester Lene Lewis.
Mrs. Kennedy: Is she a black lady?
Ms. Levitan: Yes, she is.
25 June 26, 1986
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved, second, thirded; any further discussion from the
Commission? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-496
A RESOLUTION FORMALIZING THE PREVIOUSLY EXPRESSED INTENT
OF THE CITY COMMISSION, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR PROFESSIONAL CONSULTANT SERVICES, WITH AIDA
LEVITAN AND ASSOCIATES FOR THE PURPOSE OF CONDUCTING TOURS
OF NATIONAL AND INTERNATIONAL JOURNALISTS TO THE MIAMI
AREA; SAID SERVICES TO COMMENCE UPON EXECUTION OF SAID
AGREEMENT, WITH FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT
TO EXCEED $40,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND; $10,000 OF WHICH SUM BEING AUTHORIZED AND
APPROVED FOR SERVICES OF CONNECTIONS UNLIMITED OF DADE
COUNTY, INC. A SUB -CONSULTANT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon boing seconded by Commissioner Kennedy, the resolution 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
NOES: None.
ABSENT: Commissioner Joe Carollo
Ms. Levitan: Thank you very much.
Mayor Suarez: For the record, her name was Aida Levitan. I don't know if we
ever got that.
15. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO HISTORIC PRESERVATION PROJECT
AND HOUSING RELATED PROJECT
Mayor Suarez: Item 13.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded; any discussion from the Commission? You
are going to argue against?
Ms. Ann Marie Adker: I want to be included. I want to know where the St.
John's Community....
Mayor Suarez: Get the mike and give us your name although we know it quite
well.
Mr. Plummer: Annie, this is only historic. This is for historic
preservation.
Ms. Adker: Oh, this is for....
26 June 26, 1986
i
Mayor Suarez: And Jewish family Services.
Mr. Plummer: There is only $65,000 total.
Ms. Adker: Oh, no.
Mr. Plummer: You never get up for less than $100,000.
Mayor Suarez: Anyone else wish to be heard on that item? Moved and seconded.
Any further discussion from the Commission? Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-497
A RESOLUTION FORMALIZING THE CITY COMMISSION'S INTENT TO
ALLOCATE $65,000 OF 12TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO.
10112, ADOPTED JUNE 12, 1986, TO ONE (1) HISTORIC
PRESERVATION PROJECT AND ONE (1) HOUSING RELATED PROJECT
PREVIOUSLY IDENTIFIED IN RESOLUTION NO. 86-296 WHICH
AUTHORIZED THE CITY MANAGER TO SUBMIT A GRANT APPLICATION
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE PROPOSED 12TH YEAR (1986-87) COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, AND FURTHER AUTHORIZING THE CITY
MANAGER TO ENTER INTO AGREEMENTS WITH CERTAIN AGENCIES
FOR SAID APPROVED PROJECTS IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution 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
NOES: None.
ABSENT: Commissioner Joe Carollo
16. AUTHORIZE AGREEMENT WITH COCONUT GROVE PLAYHOUSE FOR $200,000 LOAN
Mayor Suarez: Item 14.
Mr. Plummer: I have questions on 14. In the provisions of the loan, what
tickets are being made available to the underprivileged children of this
City?
Mr. Odio: The City will receive a minimum of 100 free tickets to the final
dress rehearsal of each production performance at the Playhouse and 150 free
tickets to actual performances of each production.
Mr. Plummer: I thought we had asked for 200.
Mr. Odio: We negotiated to 150.
Mr. Plummer: The reason I came up with the 200 number was because there were
200 seats that were indicated that were not the preferred or the saleable
seats. You have any problem with 200? One person per thousand.
Mr. Arnold Middleman: No.
Mr. Plummer: That's good. I move it under those terms.
27 June 26, 1986
0
Mr. Middleman: As long as we really certain that we find the mechanism to put
those tickets into the hands of the people we want them to be put in the
hands of.
Mr. Plummer: No, no, no, it's not who you want.
Mr. Middleman: No, I'm talking about you.
Mr. Plummer: And it's not who we want. I would assume it will go through the
school system, I would hope. And that the school system who's going to have
to provide the transportation would be the selection process allowing those
kids to go through and see legitimate theater where they would never have the
opportunity otherwise.
Mr. Odio: Commissioners, Mr. Mayor, we were instructed to negotiate this
agreement. I want to point out on the record that we would have a collateral
in exchange for this loan. We have not been able to identify a collateral.
Mr. Plummer: Well, it's subject to.
Mr. Odio: We are bringing it here for your approval without the collateral.
We feel that we must do it anyway.
Mr. Plummer: Then it's very obvious as I move the motion that it's done
under the conditions that they provide to the Manager adequate collateral;
that's based on the approval.
Mrs. Kennedy: Let me ask, Mr. Manager, how about the 15 rent free days during
the off season, we are going to go again with that.
Mr. Odio: Also, that's the other part I was going to bring up, they did not
provide for that either, because they feel that they need that time to work on
the Playhouse or whatever. But they have not been able to provide with the
collateral and I don't think they will be able to and might as well discuss
it.
Mr. Dawkins: So you will not be providing them with money. What's the
problem?
Mr. Odio: Well, I wanted to bring it up to you.
Mr. Dawkins: We said that we would give them $200,000 with collateral. Is
that what we agreed on?
Mayor Suarez: We had not mentioned that. At least I....
Mr. Plummer: Oh, yes, no, no, no, that was part of it.
Mr. Odio: That was part of the conditions I was told.
Mr. Plummer: You got to have collateral on a loan.
ROTE FOR THE RECORD: Commissioner Carollo entered the meeting at 10:17 A.M.
Mr. Frank Castaneda: Commissioner, let me explain what they have informed me.
They have informed me that they are a lessor there, that the property as well
as the parking area is owned by the State. For that matter, the rent that
will be paid by Off —Street Parking will go the State and the State will put
that money on a trust for the Playhouse, but that they don't have control of
either property.
Mr. Dawkins: If Centrust Bank can get everything they got out of Joe Robbie,
I know we can get something out of this.
Mayor Suarez: The body of Arnold Middleman as collateral, I think, would....
Mr. Plummer: You've got it. That will be my first $200,000 funeral.
Mrs. Kennedy: And you must promise not to laugh.
28 June 26, 1986
A
Mr. Middleman: We would appreciate the family package, please.
Mr. Carollo: It seems to be the magical number nowadays, $200,000.
Mr. Middleman: Good morning, Joe. My problem is exactly as Frank indicated.
I'm a tenant in a situation that I have no asset. It's one of the problems we
have with affecting bank loans. All the bank loans that we're given over the
last seven years to the Playhouse were on a good faith basis to be paid back
when and if with terms worked out, but without any firm collateral.
Mayor Suarez: Arnold, how about at least a pledge of your revenues?
Mr. Odio: If I may, could they collateralize, Madam attorney, their lease?
Mr. Dawkins: Who owns the Playhouse?
Mr. Castaneda: The State of Florida.
Mrs. Kennedy: The State does.
Mr. Dawkins: Then we take a second position. If the State of Florida don't
buy us out with the $200,000, we take the building.
Mr. Plummer: But they would have to be acceptable to that lien.
Mayor Suarez: They would have to allow it. We can make it subject to that.
Mr. Middleman: This would never occur in the course of our lifetime for quite
a while.
Mr. Plummer: You're right.
Mr. Middleman: I'm in the position of trying to operate and save a theatre.
I appreciate what you're trying to effect, I can only pledge the good faith
efforts of everyone and the promise that this loan will be repaid.
Mr. Plummer: Well, how about the collateral of Roger Carlton? He has more
money than he knows what to do with.
Mr. Middleman: He's your man.
Mr. Plummer: You're right. That's why I'm saying. Is the car Czar here?
He's out putting out more meters, huh? I mean is that possible that we can
take a guarantee pledge against that... because their revenues are going to be
partly predicated on the spectators going to the Playhouse, so why not?
Mr. Middleman: My understanding is the portion of it that has been indicated
in the lease to the Playhouse goes right into the Playhouse Trust, which is
State controlled and then comes back to the theater. Whether there are other
revenues that will develop there, I can't speak to that.
Mr. Plummer: But I'm saying that Roger Carlton when he floats the bonds for
the place can also guarantee the loan. I don't see anything wrong with that.
I think it's workable. Let's make it subject to and if it's a problem you can
come back. We like to see you, Arnold.
Mrs. Kennedy: We'd like to help you but....
Mr. Middleman: I'd rather see you at the theater, Commissioner.
Mrs. Kennedy: I really have a problem with the 15 rent free days during the
off season. There are many theater productions in this community who deserve
a stage, such as the one you have.
Mr. Middleman: I might answer that. First of all, currently in the off
season we are running an extensive education program on an ongoing basis. I
have also never been opposed to being approached by a community group for the
possible usage of it. My fear is that if we lock it in that manner, the
following can occur. Who is sixteen, seventeen and eighteen? What does the
State start to want? What does the county start to want, all whom give me
funds. What happens to other nonprofit organizations that don't belong in
29 June 26, 1986
n,
there and then I'm in a position of having to be judge and jury. I think
we're opening up Pandora's box.
Mrs. Kennedy: Yes, but who else is giving you $200,000 loan?
Mr. Middleman: Several banks did give us $605,000 and none of them put any
requirements on it. I really don't want to get into that situation of
debating the merits of apples, oranges and pears. I merely think that will
create a very difficult political situation ultimately that we will regret.
I'm not in favor of it as a term of a loan. I'm totally open, though, to the
process. We already have the Miami Film Festival.
Mayor Suarez: I would be willing to vote on it, as proposed without
collateral. Let me say on Commissioner Plummer's idea, that I'm sure that
something might be able to be worked out, but the problem is that the Off -
Street Parking Authority and all its assets and all its income and some way or
another belongs to the City of Miami in any event, and I'm not sure that we're
getting anything more than what we would otherwise be getting. I know
Commissioner Dawkins has been making every effort through a variety of
memoranda to try to figure out how we could get some of the income from the
Off -Street Parking Authority to come back into the City on a yearly basis. If
someday we want to, maybe we'll just take the Off -Street Parking Authority and
make it one of our agencies, and then we'd collateralize all of their assets
in effect against obligations of any agency such as the Coconut Grove
Playhouse that uses Off -Street Parking Authority facilities. So I'm not sure
that we're adding anything, and I think we're just making it come back and
forth obstructing your project which is so valuable. I'd be willing to vote
for it without the collateral.
Mr. Dawkins: I will not vote for it without collateral. I'm in favor of
saving the Playhouse as much as anybody else. I hate to personalize this, but
I don't know no Black in Miami who can walk in here and get $200,000 of the
City of Miami's money without collateral. If you're going to play one set of
rules, play one set of rules. If you're going to let money out of here unse-
cured, let me know so I can tell Ann Marie Adker and St. John right here, you
all get up in line, get $200,000 uncollateral... I mean we just can't have two
set of rules.
Mr. Plummer: Mr. Mayor, I still make my motion. I think it's workable. I
think that they can work it out. If Mr. Odio talks real nice to Mr. Roger
Carlton I'm sure that something can be worked out. I have so much faith that
it will, that I'll move the item subject to the collateral being acceptable to
the Manager. I so move.
Mr. Carollo: Second.
Mayor Suarez: So moved and seconded, Frank.
Mr. Castaneda: Point of clarification, where do we stand on the 15 days?
Mr. Plummer: Well, he has stated for the record that he's not going to give
them forthright, but he's open for discussion as needed. That's up to
whether....
Mr. Middleman: I have made that very clear to community development. I
might add that this process has for the first time, I believe, brought the
Playhouse into a dialogue with the agencies of the City. I hope that is the
beginning of a continued set of relationships with the City.
Mr. Plummer: Is that dialogue or funding?
Mr. Middleman: Dialogue and funding, I hope.
Mr. Plummer: That's what I was scared of.
Mr. Middleman: Funding is coming next.
Mr. Plummer: No, we're doing it now.
Mayor Suarez: What do you mean next?
Mr. Odio: What is this? These are Cuban pesos?
30 June 26, 1986
Mr. Middleman: This is a loan.
Mayor Suarez: It's funding too. So moved and seconded. Any further
discussion from the Commission? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-498
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE COCONUT GROVE PLAYHOUSE, INC., FOR
THE PURPOSE OF PROVIDING A LOAN IN THE AMOUNT OF
$200,000 FOR A PERIOD OF SEVEN (7) YEARS TO ASSIST IN
PROVIDING OPERATING CAPITAL NECESSARY TO MAINTAIN THE
PLAYHOUSE OPERATIONS;; FURTHER AUTHORIZING THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN ACCORDANCE
WITH CERTAIN TERMS AND CONDITIONS, AS DESCRIBED BELOW.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, 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
NOES: None.
ABSENT: None.
17. $25,000 FOR CHRISTO BY THE BAY PROJECT, A FILM CALLED "ISLANDS"
Mr. Plummer: Mr. Mayor, let me do a housekeeping very quickly. We've already
passed it, but we have to do it in a resolution allocating an amount not to
exceed $24,000 from Special Programs and Accounts, Contingent Fund, in support
of the Christo By The Bay Project. As you know, we passed this and now we
have to do it formally. I so move.
Mr. Carollo: Second.
Mrs. Kennedy: Yes, second.
Mayor Suarez: So moved and seconded. Any further discussion by the
Commission? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-499
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $25,000
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND, IN
SUPPORT OF THE CHRISTO BY THE BAY PROJECT WHICH WILL
SPONSOR A FILM "ISLANDS" TO BE SHOWN AROUND THE WORLD IN
CONNECTION WITH SAID PROJECT; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM 1-84, DATED JANUARY 24,
1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
31 June 26, 1986
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Miller J. Dawkins
18. AUTHORIZE DEMOLITION OF LIBRARY BUILDING IN BAYFRONT PARK
Mr. Carollo: Item 10 deals with the demolition of the library building. As I
think all of you who were here last year know and those who weren't, I'm sure
kept track of our progress along those lines. We tried to find a suitable
location to move the library building to. But financially that was not
feasible. At the same time, I think we did accomplish something that needed
to be done. That was we stimulated further those in the private sector to
come forth with additional contributions and additional pledges that might
have not come forth at that time if we hadn't taken the steps that we took.
At this point in time, the situation that we're facing is that we've reached
the point that if we don't vote to go ahead and demolish the library building,
we're going to be hindering the progress in finishing the renovation of
Bayfront Park in time, particularly to coincide with the opening of Bayside.
There are some issues that I think we have to deal with before we vote upon
this now. One of those issues is that the marble that library was built with
is quite valuable. I want to find out what steps the administration has taken
to make sure that we get the highest dollar value that is possible to sell
that and anything else in the building that might be of worth. Secondly of
all, we have to make sure that we get the best price possible for the
demolition of that building. Last, but not least, there's an item that I'd
like to deal with separately from this issue; it's that we're running a good
size amount of change short to finish the project of Bayside and I'd like to
present some ideas that possibly we can acquire the remaining funds that are
needed without having to go to a bond that's going to mean the taxpayers are
going to have to dig into their pockets for additional dollars.
Mrs. Kennedy: Commissioner Carollo, could I ask you to delay that until this
afternoon at 2:30 when the rest of the committee is here?
Mr. Carollo: Certainly, that's why I said we'd take it separately. We'll
take that in the afternoon, but as far as the library demolition, that is the
main issue we should take up now. Before we vote upon it, I'd just like to
hear from the administration the questions that I raised.
Mr. John Gilchrist: Commissioner, it would behoove us in going through... we
have to go through a competitive bidding process to have it done and to offer
to those people demolishing it that because of the value of the marble and
other potential values in there that the bid would be low based on their
ability to recoup any costs from those items. I think that answers both of
the two. We have had, I'd like to ask Pauline Winick to speak to it. we've
had an offer which would cost us nothing to demolish the library. She'd like
to speak now.
Ms. Pauline Winick: As one of the people who were involved with "Miami Vice"
from the first script on, for two years the producers have been after the
library building. I'm serious. I don't know what it will take, but I have,
when I saw this was on the agenda again, Commissioners and Mr. Mayor, I'd like
to at least be able to get a bid from them. They are very eager. Obviously
you don't get a chance to blow up a building that often. They would like to.
I'd like to work with the technical people obviously. I don't know if it's
pie in the sky. I don't know if they may just want the video of when whoever
it is takes it down takes it down.
Mrs. Kennedy: Just don't tell the I.R.A.
32 June 26, 1986
Ms. Winick: That is something I need your consent. I'm sure if you don't, if
they have a reasonable bid and they're willing to pay for it, we may get it
done for nothing. I know there are some complications with asbestos and
things inside the building. The second thing is I'm sure they at least would
like the opportunity to video it.
Mr. Carollo: I think those are some interesting possibilities that we should
explore. I'd be more than happy to help you explore those possibilities with
some mutual friends we both have there. Outside of that, what I'd like to do
is for the administration, if you don't have it yet, is to get a conservative
estimate of how much we think that marble is really worth if we were to take
it down ourselves and sell it to someone else, and for that matter anything
else that might be of worth there, so we could have an idea of what the worth
is.
Mrs. Kennedy: Commissioner Carollo, let me just say that I recall that for a
long time you have been particularly close to this issue. Even though I have
spent countless hours during these past weeks studying the park issue, I know
that your interest in this specific matter dates back to many years before my
election. The committee I presided feels very strongly that the library
should be demolished for the beauty for the park and the good of the
community. I'm delighted that you support this and I second your motion.
Mr. Carollo: Thank you very much, Commissioner. At the same time I'd like to
bring out the fact that because of the leadership that you've shown in
heading this committee, I think we've gone a long way in reaching the point
that we have now, not only on this particular issue, but in many others that
needed to be resolved in Bayfront Park and Bayside.
Mrs. Kennedy: Thank you.
Mayor Suarez: The motion is... what is the substance of the motion,
Commissioner?
Mr. Gilchrist: There's a resolution.
Mayor Suarez: A resolution to proceed....
Mr. Plummer: You're including in that the request of Bob Floyd that a plaque
be taken down and given to him.
Mr. Odio: Yes, if you would do that.
Mayor Suarez: As far as the technical aspects of how the bidding procedures
and all would go, that's left up to the administration?
Mr. Gilchrist: Yes, that's handled through Public Works, actually, and we've
initiated that.
Mr. Carollo: Now that will come back for final approval to the Commission.
Correct?
Mr. Gilchrist: Hopefully on July loth.
Mayor Suarez: It's the trickiest situation I've ever seen in the sense that
you don't know if you're putting out for bid something that will cost money or
something that we'll have to pay for. It's an interesting one, depending on
whether "Miami Vice" and their crew, I mean, their producers are interested in
really doing this and what requirements they further impose as to the timing
and videotaping and everything else. We have a motion and a second. Any
further discussion from the Commission?
Mr. Plummer: Mr. Mayor, I'm going to go on the record, because I have been
the one also who has used the library building to try to make the private
sector live up to their initial commitments to raise the funds from the
private sector at no cost to the taxpayers. I'm going to vote for the motion
today because I think we're close, but I hope my worst fears are not to become
reality. That is that we have one more unfinished project. There is going to
be the need for a minimum of $21,000,000 to finish that project. That is the
numbers that they are using presently. They are about three to five million
dollars of those numbers after all of the years of trying to get something
33 June 26, 1986
accomplished. I just felt that the library building there was enough to make
people go and live up to their commitment, which they have not done at this
particular time. It is now being said to me that that is the stumbling block
for getting the remaining financial obligations. So I'm willing to go ahead
and go along and try it, but I just really hope and pray that it will not be
one more unfinished project.
Mrs. Kennedy: Hopefully, after you hear our report you will not doubt that.
Mr. Plummer: Well, your report only respectfully goes to the amphitheater.
Mrs. Kennedy: No, sir.
Mr. Plummer: Oh, O.K., I have quite a bit of discussion on that.
Mr. Carollo: Lastly I'd just like to say that if it weren't for the strong
support and convictions that Commissioner Plummer gave in this particular
issue, we would not have been successful in having raised the additional funds
that we did from the private sector.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-500
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO HAVE THE LIBRARY BUILDING IN BAYFRONT PARK
DEMOLISHED IN THE MOST EXPEDITIOUS MANNER POSSIBLE.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
19. A- CLOSE STREETS, SALE BEER/WINE FOR HAITIAN AMERICAN 4TH OF JULY
CELEBRATION;
B- SALE BEER/WINE FOR URBAN LEAGUE FOR 4TH JULY AT HADLEY PARK;
C- SALE BEER/WINE FOR COCONUT GROVE JAYCEES AND MIAMI RUGBY FOOTBALL CLUB
FOR 4TH JULY AT VIRGINIA BEACH PARK.
Mayor Suarez: Item 15.
Mr. Odio: Mr. Mayor, this involves the closing of streets and authorizing the
sale of beer and wine.
Mr. Dawkins: Move it.
Mrs. Kennedy: Second.
Mr. Odio: What I would like to include in this resolution, if I may,
Commissioner Dawkins, to include the sale of beer and wine at both Hadley Park
and Virginia Beach Park, which will have the same kind of celebration of the
Fourth of July.
Mr. Dawkins: No problem with the additions.
34 June 26, 1986
Mayor Suarez: So modified and moved.
Mrs. Kennedy: I seconded.
Mayor Suarez: Seconded, thirded. Any further discussion from the Commission?
Call the roll.
The following resolutions were introduced by Commissioner Dawkins, who
moved their adoption:
RESOLUTION NO. 86-501
A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC AND ESTABLISHING A TEMPORARY PEDESTRIAN MALL IN
CONNECTION WITH THE HAITIAN AMERICAN 4TH OF JULY
CELEBRATION TO BE HELD JULY 4, 1986; SAID STREET CLOSING
SUBJECT TO THE ISSUANCE OF PERMITS BY THE DEPARTMENTS OF
POLICE, FIRE, RESCUE AND INSPECTION SERVICES AND ASSUR-
ANCES THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY; ESTABLISHING AN AREA PROHIBITED TO RETAIL
PEDDLERS AND FURTHER AUTHORIZING THE SALE OF BEER AND
WINE DURING THE EVENT; SAID ALLOCATION CONDITIONED 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.)
RESOLUTION NO. 86-501.1
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST
OF THE URBAN LEAGUE TO SELL BEER AND WINE FOR A ONE -DAY
PERIOD IN CONNECTION WITH THE CITY'S "FOURTH OF JULY"
CELEBRATION TO BE HELD JULY 4, 1986 IN HADLEY PARK,
SUBJECT TO THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW
AND COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS
MAY BE PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
RESOLUTION NO. 86-501.2
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATION,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REQUEST
OF THE COCONUT GROVE JAYCEES AND THE MIAMI RUGBY FOOTBALL
CLUB TO SELL BEER AND WINE FOR A ONE -DAY PERIOD IN
CONNECTION WITH THE CITY'S "FOURTH OF JULY" CELEBRATION TO
BE HELD JULY 4, 1986 IN VIRGINIA BEACH PARK; SUBJECT TO
THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW AND
COMPLIANCE WITH SUCH CONDITIONS AND LIMITATIONS AS MAY BE
PRESCRIBED BY THE CITY OF MIAMI.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolutions were passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
35 June 26, 1986
20. DISCUSSION ON PROFESSIONAL REDEVELOPMENT PLANNING CONSULTANT FOR
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT
Mayor Suarez: Item 16.
Mr. Odio: This is the recommended R.F.P. that if you approve we will
advertise for consideration of a selection of a consultant to conduct a
complete review of the Southeast/Overtown Park West Redevelopment Project. We
have added to the R.F.P. a list of the redevelopment professionals that were
obtained from the 1985 American Society of Consulting Planners, Directors, and
Redevelopment Planning Division, who had no prior involvement in this
project. In addition we have also added the local C.P.A. firms who should be
contacted. The fee for this study has been left open for the Commission to
indicate the maximum amount to be expended in this project.
Mr. Dawkins: Mr. Manager, what will the consultants come back to tell me?
Mr. Odio: What I envision is that they will come back and tell us number one,
the project is feasible, as it was originally planned; to do a market study of
the type of buildings and apartments that we're building there and see if
they are feasible to rent. In other words, we should get a total feasibility
study done on this area to see whether we should proceed as we're planning to
proceed now.
Mr. Dawkins: Has a project like Overtown/Park West ever been tried anyplace
else in the United States of America?
Mr. Odio: I don't know. I'd have to ask Herb Bailey. I understand from the
Urban Land Institute that they have other projects similar to this.
Mr. Dawkins: Then what is the consultant going to use as a basis to compare
what we're doing with, to come back and give me some data and statistics as to
why he is taking the stand that he's taking.
Mr. Odio: Well, Commissioner, I'm not too familiar with these type of
projects, but I will tell you this, we need to know what we're proposing as
rental units will be feasible to be able to rent at the prices we are
proposing.
Mr. Dawkins: Well, don't hire a consultant for that. Let me tell you no, we
can't afford those. Now you don't need a consultant for that.
Mrs. Kennedy: I also see that the fee for this project or for the study
rather has been left open. If I gave you a blank check, would you sign it? I
mean, I'm not in the habit of doing it at home.
Mr. Odio: I checked again with the Urban Land Institute and they feel that a
study of this type that could be done in two -and -a -half months should not cost
more than $70,000.
Mrs. Kennedy: $70,000?
Mr. Odio: And I think when we're planning to invest $100,000,000 of taxpayers
money one way or the other, that we should be very careful and that $70,000
would not mean that much.
Mr. Dawkins: Why is it that the prior administration went to all the trouble
of uprooting many families, to pushing down many buildings without the
feasibility study or how did they arrive at doing this? That's number one.
Number two, what is this going... the arena is tied in to Overtown/Park West.
Are you going to eliminate the arena and wait for the consultant's report?
Number three, what's going to happen to the promises that we've made already
as to what we're going to construct over there and made promise to some of the
people whom we see sitting in front of us, if the consultant comes back... I
don't even know what he's coming back with, but I just for me can't see why we
have to have a consultant when we've got people on staff whom we have paid who
all we have to do is tell them what we want to know and they can come back and
36 June 26, 1986
tell us what we need to know. I need to know how is t that we can construct,
and I think this whole Commission, and I think I speak for everybody in this
Commission, when we can put homes, apartments, or something over there $50,000
and under. That's our concern. My concern and the rest of these Commission-
ers are what are these people going to have when this is finished. Number
two, what's going to happen, number three, legally, with all the people we've
signed contracts with, whom we had to spend money to bid on these projects and
now we're going to kill them. If we need a consultant, let's hire a
consultant. But I believe you got people on staff whom you're paying and even
you got consultants, such as, what's that guy's name we got over at the Knight
Center? He was formerly in Howard's staff, the tall guy.
Mr. Odio: Alan Poms?
Mr. Dawkins: No, the tall guy, Vincent Grimm. I mean we got a lot of people.
But that's just my personal opinion.
Mrs. Kennedy: I agree. You're making a wonderful effort trying to save money
with one hand, but then on the other it's going to go away.
Mr. Odio: Commissioner, when we discussed this in the prior meeting, we are
taking a step of risking up to $100,000,000, and I was not willing to take
that step without being fully aware of all the pitfalls. I am not convinced
that this project will fly in that area like the way that it's projected now.
I have to recommend to you in full honesty to go ahead or not, and I cannot do
that honestly at this time.
Mr. Plummer: Mr. Mayor, let me, if I may, speak to the issue. I think I
share the concern of Mr. Odio. I think that all of this comes about, we've
all been on shaky ground from day one on this project just to how it would
materialize, or how it would not. I really think that the thing that really
hit home was the last- condemnation proceeding that was awarded. That came in
about three or four times more than what was projected. I think we also are
of a fear that usually this sets a precedent to the future, and that you can
expect based on that settlement that in the future you're going to pay that or
better. It's unfortunate. Once again, for the record, I want to make it very
clear that this City had no input whatsoever. It was solely the County's
decision to take that particular parcel on a quit take basis. Quit take means
that they laid the City of Miami's financial neck right on the block and no
question that we got it chopped off. I think if we have to continue to look
at this being a precedent setting, that project is absolutely doomed for
failure. There is no question in my mind, because you will use every ounce of
resource to acquire the property and have a whole lot of weeds growing where
you had proposed houses. I don't see anything wrong. $70,000 does in fact
sound like a lot of money, and it is a lot of money. But once in a while, I
think when a project approaches $100,000.000 that you have to go outside and
have a fresh look by people who are not so close to the trees that they don't
see the forest, and I think the time is right now that we don't continue this
promise to the people of Overtown/Park Southwest or however it's termed here,
that we're going to be looking at an identical duplicate of what happened with
HUD. Of all of the property they acquired down there with the premise that
they were going to put in housing, and today lays vacant. Because they used
every damn dollar that they had to acquire and then when it came, they said
the cupboard was bare. I don't think it's out of line to have another outside
opinion. The gloom has been painted by the courts. I for one don't feel that
it's out of line to have a fresh look by someone on the outside looking in to
give us another idea or another opinion. I just personally defend the Mana-
ger's position. I don't think it's out of place.
Ms. Adker: May I now?
Mr. Plummer: Excuse me, Annie, let me. That in no way, Mr. Mayor, my
colleagues, is in any way indicating that the in-house staff is not doing
=- their job properly. They've gone a long way. But every once in a while it's
always nice to have someone either come in and say, "Hey, you're doing a
fantastic job." Or, "Here's a way maybe you could do it better." Or in the
M final analysis, "You better stop because you're headed for a disaster." I
want to make sure that in no way I'm criticizing the in-house staff at this
particular point, but I don't have any problem with taking another look.
Ms. Adker: I'm Ann Marie Adker, I live at 407 N.W. 5 Street. That is in
Overtown. When I hear that more monies will be extended for the salaries of
37 June 26, 1986
V
a consultant, I'm wondering why. Seeing for a fact that you have consultants
already on board for that, I can't forget the name Gladys Kidd and Nikki Beare
and that part in that. Just what is this other consultant going to do? We
have people within that Southeast Redevelopment staff and that includes the
administration that I don't think knows what's going on. It is true that you
bit off more than you could chew by accepting this from the County when you
did, but let's not forget that we aren't so dumb as Black property owners to
know that the County was giving us the shaft at $7 per square foot when right
across the tracks they were getting $25 to $30 per square foot. That's why
the property owners really fought it. By that time, you had taken control of
it and that's why your neck is in the noose now. I am asking the question of
what this consultant job would be, with all the consultants you have on board.
Mayor Suarez: That is in fact the question that we have to answer. The
overall evaluation of this project is a whole different issue, although
presumably the consultants would help in, assuming this Commission sees fit to
spend the money. Let me give you a very quick report on what we have so far
in Overtown Park West Phase I. Phase I, keeping in mind covers approximately
40 acres. All of the property has been acquired. Four -and -a -half acres of
that will be used for the sports arena. This Commission has determined that,
and hopefully the sports arena will lend additional momentum to the
development of that area. All of that has cost approximately $28,000,000 just
to acquire the property.
Ms. Adker: Does that include the additional that you're going to have to pay
property owners?
Mayor Suarez: That includes acquiring all the parcels that we have acquired
so far. The sports arena which is the only project that we can almost feel
will be started very soon in the area, unfortunately, in once sense
unfortunately, does not produce an additional tax increment, because it is
going to be a City -owned facility. It will put $300,000 into a trust fund to
create hopefully tax increment. It will never be of the size that was being
mentioned, the magnitude that was mentioned here in this Commission, that was
being sent out to the neighbors. I think Commissioner Plummer has indicated a
figure of $100,000,000 for the project. It may very well be that someday the
project will be $100,000,000. It certainly will never be $1.1 billion as the
people of the neighborhood were told. The existing contracts to develop Phase
I will expire December 31 of this year, unless they have broken ground. This
Commission....
Ms. Adker: Is that an extension? Is that a time frame extension given?
Mayor Suarez: No, I don't gather there is any consensus here to give one
day's extension if they're not breaking ground by December 31 of this year.
The rents that are being proposed by the four existing developers who are
still on the line, the four fish that we still have hooked on there are from
$250 minimum to $550 maximum. There is a great deal of concern on the part of
the City Manager, the Commission, every single Commissioner here, whether
anyone would be willing to pay $550 a month to live in Overtown right now when
in Brickell there are units going empty renting from $600 and $650.
Therefore, there is a great concern that we may have built another white
elephant here. That's why we are seeking to reevaluate. We probably should
consider a reevaluation of Park West/Overtown as to Phase I, which I think now
has evolved and has moved enough and been modified enough that it looks like
it could be successful. We have, after all, acquired all this land,
$28,000,000 worth. We have same St. John's Economic Development people here,
and I know that a little bit north of Park West Overtown Phase I, it looks
like we're going to get into a housing projects that we need very badly in the
area. So whether we go to a $70,000 consultant or not, and I have my doubts
as to whether we need a consultant for the reasons that have been expressed,
I might add that the Downtown Development Authority staff is ready, willing
and able to help in evaluating this project and giving us further ideas.
Mr. Dawkins: They are the one's who recommended it.
Mayor Suarez: Yes, they unfortunately initially recommended something that
we're not too pleased about, but we would not incur a cost of $70,000.
Mr. Plummer: Is that like asking an arsonist to be the Fire Chief?
Ms. Adker: Right.
38 June 26, 1986
14
Mayor Suarez: This Commission, I think, has been educating itself, all of us,
really, as to exactly where we are in this project. The community, the
Overtown/Perk West Advisory Board, with whom I've met, I know other
Commissioners, Dawkins, other Commissioners have met with them. What we have
to decide at this point is not so much what is going to happen with Phase II
and III and IV of Overtown Park West, but what are we going to do with Phase I
and we do have some contracts already outstanding. Hopefully by adding as we
have done already... this Commission in the last seven months has approved the
use of surtax monies, general obligation bond monies to make the units more
affordable. I'm not sure they are still affordable to the people of Overtown.
We're going to probably have further modifications of the project.
Ms. Adker: No, no. As I've stated to you before, we are not looking for any
additional, what you would call, low income. We hope to work in a range to
make it...
Mayor Suarez: That's the thing, defining the range is very important so we
don't get units there that simply will go vacant and that will be competing
with areas of the City that now have plenty of luxury units that are vacant on
Brickell. What is the Commission's pleasure on having an outside consultant
at a cost of $70,000?
Mr. Plummer: I move item 16.
Mayor Suarez: We have a motion.
Mrs. Kennedy: Wait a second. Let me second for argument sake. With a cap of
$70,000, right?
Mr. Plummer: Yes, of course.
Mayor Suarez: Seconded for discussion. Any further discussion from the
Commission?
Mr. Dawkins: I'm in favor of the evaluation, but I'm not in favor of spending
$70,000 so therefore, even though I'm in favor of evaluating the situation,
feeling that as everyone up here has voiced from day one that the homes were
being priced above the means of the people we were building them for, but with
the $70,000 I'd have to vote no.
Mayor Suarez: Do you want to propose an amendment on a figure that is
acceptable to you?
Mr. Dawkins: No, I'm just not going to vote for $70,000 that's all.
Mrs. Kennedy: I'm afraid I feel the same way. I don't feel that I'm
qualified to estimate a figure, but $70,000 I just don't see.
Mayor Suarez: Call the roll. Any further discussion from the Commission?
Call the roll.
THEREUPON MOTION DULY MADE BY COMMISSIONER PLUMMER AND SECONDED BY
COMMISSIONER KENNEDY THE FOREGOING MOTION FAILED TO PASS BY THE FOLLOWING
VOTE:
AYES: Commissioner J. L. Plummer, Jr.
NOES: None.
ABSENT: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
Mayor Suarez: We're going to have to do it with our own in staff people and
with our own minds and logic.
ROTE FOR THE RECORD: Mrs. Ann Marie Adker is to be scheduled at the July loth
Commission meeting to discuss St. John's Community Development Corporation.
39 June 26, 1986
21. DISCUSSION OF NEEDS ARISING FROM DRUG AND CRIME PROBLEMS IN AREA OF DRAKE
MEMORIAL BAPTIST CHURCH
Mr. Dawkins: Mr. Mayor, we have some Boy Scouts over there. Can we
acknowledge them?
Mayor Suarez: Please go ahead, Commissioner.
Mr. Dawkins: Will someone come forward?
Rev. Richard Dunn: My name is Reverend Richard Dunn. I'm the Assistant
Pastor of Drake Memorial Baptist Church. I'm also a board member of the
Edison Little Haiti Community Association.
Mr. Dawkins: Oh, you're a scheduled item?
Mayor Suarez: Go ahead, we'll take your personal appearance at this point.
You were scheduled for....
Rev. Dunn: Item number 20. We're here to more or less demand that we have
better protection in our neighborhood. Our neighborhoods are raging with
drugs and as a result of drugs, crime increases. I'm just appalled at the
attitudes that have been taken in terms of how we can ponder over whether or
not we're going to spend $70,000 here for economic development or $51,000,000
for the new downtown development, the Worth project and we're talking about
also some other... the arena, that's another additional $50,000,000. It just
disturbs me how we can ponder on these issues and ignore the Black community
in terms of the drug problem. I would like to raise a few questions from the
Commissioners. How many of you have returned to our community to actually
take a tour. I'd like to invite you to see it, to see the kind of negative
activity that's occurring in our communities. How many of you have returned
to our communities since your elections? That's question number one.
Mr. Dawkins: All right, before you go any further, Reverend Dunn, every
Friday, Saturday, and Sunday George Adams, Miller Dawkins, Talmidge Fair, we
ride 60, 61 and 59th Street. Commissioner Plummer has been on 60th Street in
his car. And you know his car looks official. They have run up to his car to
sell him drugs while he and I were out there surveying the area.
Mr. Plummer: One even better, two got into a fight as to who was going to
sell me a packet. That's true. And the other one even better than that was
when we asked, "Can you change $100 bill?" He said, "Hell, yes, how many you
got?"
Mr. Dawkins: See, so ... and but the beauty part about it is to have concerned
citizens come here and say you are not doing nothing, which means that you
haven't seen us in your area. So, that means we got to come over there.
Mr. Richard Dunn: That's what I'm talking about.
Mr. Dawkins: All right, OK. Right, see ... so...
Mr. Dunn: Nobody has been on 56th Street between 2nd and 3rd Avenues. No one
has been on 57th Street to 58th Street Northwest 2nd Avenue right across the
street from the church. No one has been in those areas. There are the
businesses that are fronting for drug sales and distributions, there is no
question about it.
Mr. Plummer: Reverend, let's don't talk to just the single part of the issue.
Let's talk to the real crux of the issue. Last night they arrested over sixty
or seventy people.
Mr. Odio: A hundred ten.
Mr. Plummer: A hundred ten. OK. Now, which has to say to you that you might
not accept that the Police Department are doing all that needs to be done, but
have you considered that probably those hundred and ten, at least a hundred
and eight of them are back out on the street today. Now, it's fine for my
Police Department to go do there job and they are.
40 June 26, 1986
Mr. Dunn: I know that.
Mr. Plummer: OK. Have you been to the courts and said to the courts these
people are a menace to my neighborhood, because you see, that's one of the
criteria for bail, of whether they get out or they don't. Now, it is just
appalling to me that the Federal Courts are coming down and saying that your
jails are full and you take three hundred of your least dangerous criminals
and turn them back out on the street. I'm saying to you that with the
resources available, I'm proud of my Police Department. I think they are
doing their job. There is always room for improvement, yes, but what good is
it to keep putting them through a mill that is just a continuous putting in
and coming out. You read as I did with absolute disgust in the Sunday Herald
and Monday, about the turnstiles of guys that were eighty and ninety
convictions that went to court and were turned back out on the street or time
served or for five days or six days or ten days. If the public of this town
knew what it cost us to investigate one stolen car into another area, of
course, and then when they go to court they are released or patted on the back
and say don't do it again. I say to you that you have got to keep the
pressure on this Commission which will keep it on our Police Department, but
you have got to do on the other end of the line, you cannot believe, cannot
believe, the amount of plea bargaining, that's going on simply because the
system has in my estimation and a lot of others, a complete break down. I was
involved in a case three or four months ago, in apprehending two men who armed
robbery a grocery store, discharged a weapon inside of the grocery store and
they are winding up plea bargaining and I have been to court for depositions
on seven occasions. The system is breaking down. They say we have a system
of justice, it is just a name. It doesn't exist. Now, I say to you that you
are properly before this Commission in asking us to keep the pressure on. I
spoke to the Manager, he can tell you and he is right now, I hope, that I our
understanding is forming a special unit just to address that problem. OK. To
keep the —the daily pressure. Not three days here and two days there and one
day over here, but daily pressure, but it will not be worth a damn if the
Court system doesn't do what this community feels that needs to be done,
because to put them in, all they are going to do is come back out today and do
twice as much to pay for what they got caught on yesterday. Now,...
Mr. Dawkins: Reverend Dunn, let me...let me piggy back on what you are saying
J. L., and I am going to go forward with what you suggested before. I would
like for you to go ahead and commend...get the ministers together, including
Reverend Neilson, and we got all the ministers together and I as a committee
of one will report back to this Commission, but what J. L. is saying is and
this is what the preachers have got to help us get through to the
congregations. The drug pusher is no good to the drug seller unless he is on
the streets. So, when they.. when we put one in jail, the minute we get to
the jail, the bails bondman is there to get him back on the streets. Why?
Because he is no good to the guy unless he is constantly selling drugs. So,
as fast as we get there with them, the bails bondman is there to get him back
on the streets to selling drugs. Now, we have been to Janet Reno, and Janet
Reno told me that she is not about to keep a drug pusher in jail over a rapist
or a murderer. OK? But by the same token, I see no reason in the world why
we as a community and you will get the full backing of every member of this
Commission, cannot use Krome where they are no longer putting refugees and put
every damn drug seller at Krome Center. See. That's a federal facility, and
we can put them down there now. Some of them will walk away, but if one can
walk from Krome Avenue back to Liberty City let him walk, OK, but I will, you
and I will get...you convene the ministers. OK. Then we can say what we have
to do and we can attempt to make our street safe and save our youngsters.
Mr. Dunn: OK. Let me just say... thank you. Let me just say this as well.
There are some other speakers that we have here, that I would like to be
heard, because I want you to really see the impact that has on...
Mr. Dawkins: No, we know. We know, Reverend Dunn. Reverend Dunn, we are
aware.
Mr. Dunn: I know that. You have indicated that you attended... that you have
gone through the community and that Commissioner Plummer, but I haven't heard
from anyone else.
Mr. Odio: I spent five hours ---I'm not a Commissioner ---but I spent five
hours on a sting operation twice in Liberty City, in your area.
41 June 26, 1986
q 0
Mr. Dunn: In my area?
Mr. Odio: I spend five hours yesterday in Overtown. OK. In their area.
Mayor Suarez: Well, Reverend...
Mr. Odio: So, don't say...you are assuming.
Mr. Dunn: No. Well, prior to this situation, we were ignored.
Mayor Suarez: Reverend, let's do the following. just in case there are some
members of this Commission.
Mr. Dunn: OK. I would like to invite them.
Mayor Suarez: OK. Just in case or so ... we are going to do one better.
Mr. Dunn: OK.
Mayor Suarez: Just in case there are some members of this Commission that are
not familiar with what's going on in that area, and I don't want to go into my
own activities, but I'm very familiar with it. Let's say the following.
Let's ... let me tell you at this point, that I will call a special Commission
Session on the issue of street crime in your church and you have to make it
available to us.
Mr. Dunn: Any time.
Mayor Suarez: And I would like to have participating all of the ministers
that Commissioner Dawkins was referring to and as many citizens as possible,
so we can once again go over new ideas and ways in which our Police Department
can function better and get more cooperation from the citizens. In
conversations I had with the Chief based on these reversed sting operations
that have been very intelligently conceived by our City, City Manager and the
Police Chief with the support of this Commission. What came out is that other
cities are calling Houston and Chicago and New York and L. A. to tell us how
we did it, because in other cities they have not worked. The reverse sting
where the police go out and pose as sellers and then we arrest all the buyers
who turn out not to be for the most part. people from the neighborhoods. In
fact, they turned out not to be mostly minorities at all.
Mr. Dawkins: That's right.
Mayor Suarez: And the reason it works in our City and it has worked so far,
is because before we do the reverse sting we engage the cooperation of the
neighbors. So, let us meet in your church in the upcoming...
Mr. Dawkins: No, Mr. Mayor, Mr. Mayor, let's do it better than that. I would
like to suggest that you call a special meeting here at City Hall, and that
the ministers who do not have church buses let us know and we will provide
buses for that church to bring the people down here, and then you will be at
the Center of your elected officials presenting your , but let me give
you one thing that we are doing. Florida Power and Light has donated a van,
Northwestern High School to...see, people don't know how we are working.
Northwestern Senior High School has painted the van, overhauled it and it's
painted like our white, and the Manager has ordered surveillance T. V. cameras
that's going to ride all through and they got to get them another one now for
the Grove and other places, through Liberty City and we are going to video
tape drug sellers and it's going to be strong enough to pick up the tag
number. So, we are trying, but we do need the help of the community.
Mr. Dunn: Well, you got our support.
Mr. Plummer: Well, let me make sure of one thing, when you hold this meeting,
let's get the other two facets involved and we at least invite someone from
the State Attorney's Office and the Chief Judge. OK.
Mayor Suarez: I would love to have the Chief Judge explain some of the
questions that Commissioner Plummer asked about. The revolving door issue in
our criminal justice system.
42 June 26, 1986
Mr. Dawkins: Well, you vote for Janet Reno and you vote for the judges. Now,
you can get them down here quicker and better than we can.
Mr. Dunn: We will do. I would like for you to hear from Miss Laurie Weldon,
who is the Chairperson of our Edison/Little Haiti Community Association and
there is also two youth, Ms. Vivian , Ms. Chantelle Dains, and....
Mr. Dawkins: Would you stand as he announces you, so we can see who you are.
Mayor Suarez: Please stand as he calls your name.
Mr. Dunn: And they will come to the stand to present...
Mr. Dawkins: No, we don't...no, look, I hate to do this, but see we, we got a
long ways to go and we are going to have a public hearing Reverend Dunn.
So .... I mean, you are going to kill the golden goose.
Mr. Dunn: OK. Well, let's just hear from the president. Thank you.
Ms. Laurie Weldon: Good morning, my name is Laurie Weldon, as he says, I am
the Chairperson of the Edison/Little Haiti Community Association. Drake
Memorial falls within our boundaries. We are at this time attempting to cut
crime in our neighborhood, clean up the area to make it safer to live in.
Now, in regards to what Commissioner Plummer had said about the Police
Department. We are not denouncing the works of the Police Department. I
think they are doing a fantastic job. It is not their fault that these people
are back on the streets. Who we need to get after, as you said Commissioner
Dawkins, is our elected officials. The judges who turn them back out. When
the police arrest them and put them in jail, that's their job, but if our City
can't hold them there they are defeating the purpose of paying the police
force. Now, my concern is having these people arrested Wednesday and having
them back out on the street Friday, it's not safe for our kids in the
neighborhood at this time because they have them pushing drugs, because they
feel the juvenile court system won't do ... well, the juvenile court system
doesn't do anything to them. Now, we would like more police patrol in the
area, which I think will be better off in the long run if you treat it ,
go for prevention rather than now having your sting operations every week as
you are doing in Liberty City, because that's more money, but if you can crack
down on it before it actually flourishes, I believe that will save taxpayers
money and you can work from that aspect. But like I said, what we need to do
is get the judges and Janet Reno involved, and show them that they are lax in
what they are doing and that's just the bottom line, it's not the Police
Department and you are saying you are doing this for drugs and you are doing
that, and that's fine, but that's not the solution. We want to know who can
we go through to make the court system in this City listen. They are not -the
legislation part of it, the judges and such are turning them back on the
streets. Now, it's not the police force and the citizens are concerned. They
are here. So, where do we go? Who do we voice our complaints to as far as
the judges. They are in office now. OK. We can't take them out right now...
Mayor Suarez: Well, there is a few running for reelection this year...
Ms. Weldon: OK. That's fine, but the problem at hand, what do we do today?
OK.
Mayor Suarez: Well, we proposed a forum where we will try to bring both the
State Attorneys and office involved and the judicial system in the person of a
Chief Judge. Some of these things you will find, go all the way to the
Supreme Court of the United States and the determinations that people cannot
be imprisoned for certain things even though it's clear they committed a crime
based on some interpretations of the Constitution that I don't read in the
Constitution, but anyhow, we will have the forum as proposed by this
Commission and we will continue. I ... my preference is to have it around the
area of the church, around the neighborhood, so that people feel that they can
come to it without having to travel all the way to City Hall, but I will
consult with the Commissioner to see how they want to do it and we will have a
complete forum. It will only be dedicated to this issue. So, we will take
all of the ideas and we will put pressure on the Chief Judge and the State
Attorney to help us in this task.
Ms. Weldon: But you do see the feasibility in prevention to waiting to have
the sting operations. So, is it impossible to get beefed up patrol in the
area?
43 June 26, 1986
Mayor Suarez: Well, I had mentioned to the Chief myself, because I got calls
as I'm sure the rest of the Commissioners did from the Reverend as to the
situation at Drake and I ... just that the day after you had called and spoken
to Jeff Watson in my office, I mentioned to the Chief the situation out there
to see if we could do a sting operation as we had been doing. He says we have
covered the area, but it could use a lot more surveillance. Now, we also
don't want to announce in advance that we are going to do it, because then
obviously people are ready for it and it's not very effective. But he has
promised and I believe the Commission consensus here will add to that to help
a little bit in your area to increase the surveillance, and I believe what we
have to do is put... politicians like anyone else respond to pressure, and so
does the City Manager and the Chief and so on to get this session possibly in
September which is probably the earliest that we can do it, because we don't
meet in August and get all our resources together, get a lot of community
input so that we pay greater attention to that area and to have the concerns
that you voiced today voiced in that forum with the judges here and with the
State Attorney and I'm sure they will come, but we will take note of the
problems in the area and I think every Commissioners here will see to it that
they express to the City Manager the need for additional surveillance in the
area.
Ms. Weldon: OK. You said September, is the July loth agenda full?
Mayor Suarez: Well, I was thinking of a special session just on this issue.
Ms. Weldon: OK. Just a special hearing.
Mayor Suarez: Yes, that's what makes it that more interesting.
Mr. Odio: Mr. Mayor, you know, the latest statistics on the stings is that we
have over twelve hundred people have been arrested in three months and only
five were repeaters. That means that they are not coming back to the area
once you arrest them once. Of the people we arrested last night in Overtown
they were going to monitor them and see if they come back.
Ms. Weldon: It's not an indication that they are not in the area. That's an
indication you have got a bigger problem than you believe, that there are more
people out there doing it than you think are doing it.
Mr. Odio: Oh, well, that I agree with.
Mayor Suarez: We know that there is tons of people buying that stuff.
Mr. Odio: Yes, there is a lot of people buying.
Mayor Suarez: And we are beginning to pick them up for the first time. Thank
you, Laurie for you input.
Ms. Ann Marie Adker: And hopefully, by the time you are ready for the public
hearing, you would have considered the RICO Act. That would be one solution
to your problem.
Mr. Odio: Well, we can confiscate... we are keeping the automobiles when they
are buying cocaine, but you can't...
Ms. Adker: Not only automobiles, we are talking about property.
Mr. Odio: Yes, we are...
Mayor Suarez: That's it. That's the most expensive thing they bring with
them when they come buy it is the automobile and cash, of course, we take
that.
Ms. Adker: Uh huh, that's one asset. But you know, we have what they call
storage houses, freebase houses and the like. I'm talking about property
owners that rent these kind of units that rental fee, they get four and
five hundred dollars a week, you know, to ... (INAUDIBLE) ... All right, if we
can't enforce a law against the property owner and that's why I came here
before and asked you to (INAUDIBLE).
Mr. Odio: You are right, Mrs. Adker.
44 June 26, 1986
1
it
Ms. Adker: Please.
Mayor Suarez: Thank you, Ann Marie. We do have to be creative in using the
available legislation, including the RICO Act.
Ms. Adker: That's right. It's already federal.
Mayor Suarez: Absolutely.
22. EXECUTE AGREEMENT WITH DUPONT PLAZA CENTER FOR OFFICE SPACE.
Mayor Suarez: We are up to item...
Mr. Plummer: I move Item 17.
Mayor Suarez: Item 17 moved.
Ms. Kennedy: I wait a second.
Mayor Suarez: Seconded.
Ms. Kennedy: No, I said wait a second.
Mayor Suarez: Wait a second. OK.
Ms. Kennedy: Where are we?
Mr. Plummer: 17.
Mayor Suarez: OK. You say the word second and whatever you say, I assume
it's a second.
Mr. Odio: What is that?
Mayor Suarez: This has to do with the lease at the Dupont Plaza for
Department of Development and Housing Conservation Development Agencies.
Mr. Dawkins: 17?
Mayor Suarez: 17.
Mr. Dawkins: Move it.
Mayor Suarez: It's been moved, now we have a second.
Mr. Plummer: Second it.
Mr. Dawkins: Yes, second it.
Ms. Kennedy: Now, let me just say under discussion that and gentlemen, all of
you who voted for this department ---when we voted we were told that there
would be no expenses, remember? I think I'm looking for that, what is it, two
hundred sixty—four thousand dollars? Here it is. The annual rent of two
hundred sixty—four thousand dollars?
Mr. Plummer: I think that what you are finding is, that the agency is paying
it somewhere else and is moving the agency to another place which is cheaper.
Mayor Suarez: The other leases obviously, ran out or will be running out
coincidental with the beginning of this lease, I presume, right?
Mr. Plummer: The other lease I think we were paying something around
seventeen or eighteen dollars a square. ..twenty—one dollars a square foot and
here we are paying as I remembered, twelve.
Mayor Suarez: 16.
45 June 26, 1986
Mr. Plummer: 16.
Mayor Suarez: That's why Skip is back there, to make sure that's the right
price... Are we taking up additional space as opposed to what we used to have
before?
Mr. Plummer: He asked me if I was considering, I said "no".
Ms. Kennedy: This is not the right time.
Mayor Suarez: I'm about ready to adjourn and have a discussion with
Commissioner Plummer about the headline in the Miami News. Any further
discussion on this item? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-502
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A LEASE AGREEMENT, WITH DUPONT PLAZA CENTER, IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE LEASE OF
OFFICE SPACE AT THE DUPONT PLAZA AT AN ANNUAL AGGREGATE
RENTAL OF $264,000 SUBJECT TO ANNUAL CPI ADJUSTMENTS AND
OPERATING EXPENSES, FOR AN ORIGINAL TERM OF FIVE (5) YEARS
WITH A RENEWAL OPTION, FOR THE DEPARTMENT OF DEVELOPMENT
AND THE HOUSING CONSERVATION AND DEVELOPMENT AGENCY; AND
ALLOCATING MONIES THEREFOR FROM PREVIOUSLY APPROPRIATED
FUNDS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES:
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Rosario Kennedy
ABSENT: Commissioner Joe Carollo.
ON ROLL CALL:
Ms. Kennedy: I have to be consistent of voting "no" and I will vote "no".
23. BID ACCEPTANCE: MARKS BROS. FOR DREDGING SLIP 3, OLD PORT OF MIAMI.
Mayor Suarez: 18.
Mr. Plummer: Fill in the amounts.
Mr. Don Cather: We received four bids for this project. Misner Marine
Construction bid a hundred twenty-two thousand, Atlantic Foundation, a hundred
nineteen thousand, and Marks Brothers, a hundred sixteen thousand four
hundred. We found that Marks Brothers is the low bidder, and he is a
responsible bidder and has the proper experience and qualifications to do
this work.
Mr. Dawkins: Move the recommendation of the administration.
Mr. Plummer: Second.
46 June 26, 1986
Mayor Suarez: Moved and seconded, any discussion from the Commission? Call
the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 66-503
A RESOLUTION ACCEPTING THE BID OF MARKS BROS. IN THE
PROPOSED AMOUNT OF $116,400.00, BASE BID OF THE
PROPOSAL, FOR DREDGING - SLIP 3, OLD PORT OF MIAMI;
WITH MONIES THEREFOR ALLOCATED FROM "MIAMARINA -
MIAMARINA/WATSON ISLAND MAJOR MAINTENANCE" ACCOUNT AND
PARKS & RECREATION DEPARTMENT GENERAL OPERATING BUDGET
IN THE AMOUNT OF $116,400.00 TO COVER THE CONTRACT
COST; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH SAID FIRM.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, 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
NOES: None.
ABSENT: None.
24. REFER TO MANAGER REQUEST FOR FUNDS FOR GREATER MIAMI INTERNATIONAL FOR
PROMOTION OF ECONOMIC AND TOURISM DEVELOPMENT.
Mayor Suarez: Item 19, Mr. Perez.
Mr. Waldo Perez Perez: My name is Waldo Perez Perez, I'm living at 3642 the
Southwest section and 15th Terrace. (SPEAKS IN SPANISH).
Mr. Odio: (IN SPANISH). (TRANSLATES FOR MR. PEREZ). I want to present to
the Commission of the City of Miami, a plan that will bring great benefits to
the City, and a lot of income. It's a plan of the tourist projection and of
economic development. This plan consists of the following: Before everything
else, let me say ... let me point out that it is a plan made by people that live
in the City of Miami, that belong to the three ethnic groups, Anglo, Hispanic,
Blacks. It's a project that they are going to develop and they will hope they
have the help of the City so they can do it to reach out to the whole
universe. They are going to send a message through a television program via
satellite that will cover the Unite States, Latin America and a portion of
Europe. We would like to explain to the citizens and the distinguished
Commissioners that it has been approved previously, the value of the
extraordinary that this project has and the benefits that it will generate in
publicity and economic benefits, that will produce for the City of Miami. We
would like to have from the Commissioners a substantial support of an amount
of monies so that it would allow them to continue on with this project. (IN
SPANISH).
Mr. Perez: (IN SPANISH).
Mr. Odio: They have been talking about preferable of an amount near two
hundred thousand dollars.
Mr. Plummer: Have you approached the T.D.C.
Mr. Odio: (IN SPANISH).
47 June 26, 1986
Mr. Perez: (IN SPANISH).
Mr. Odio: They have talked to a few Commissioners in the County of Dade, but
they are in a situation where they feel they are favorable to this.
Mr. Plummer: But that's what this money is for.
Mr. Odio: (IN SPANISH).
Mr. Perez: Exactly.
Mr. Odio: Exactly. They are meeting this afternoon and I suppose they are
going to be there.
Mr. Plummer: But we contribute money to that agency so that they can handle
these kind of problems.
Mr. Odio: (IN SPANISH).
Mr. Perez: (IN SPANISH).
Mr. Odio: They know that, but they still think they can get some money from
the City, because since we are not getting enough tourist monies from the bed
tax, they don't have enough money to give them.
Mr. Plummer: I move Item 21 be referred to the Manager. If he finds the
money come back.
Mr. Odio: 21?
Mr. Dawkins: Second.
Mr. Odio: Wait, wait, whoah.
Mr. Plummer: I'm sorry, 19.
Mayor Suarez: So moved and seconded, any further discussion from the
Commission, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-504
A MOTION REFERRING TO THE CITY MANAGER REQUEST FOR
FUNDS RECEIVED FROM GREATER MIAMI INTERNATIONAL FOR
PROMOTION OF ECONOMIC AND TOURISM DEVELOPMENT FOR THE
CITY OF MIAMI; FURTHER REQUESTING THE CITY MANAGER TO
REVIEW THIS REQUEST AND TO COME BACK WITH A
RECOMMENDATION.
Upon being seconded by Commissioner Dawkins, the motion 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
NOES: None.
ABSENT: None.
48 June 26, 1986
25. DISCUSSION IN CONNECTION WITH PROPOSED RAISE OF RENTAL FEES PAID BY THE
COUNTY TO THE CITY (CONTINUED TO THE CITY COMMISSION MEETING OF JULY 10,
1986.
Mr. Plummer: 21.
Mayor Suarez: Item 21, Commissioner Dawkins.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, I have here a memo that I
received...did either of you get this?
Mr. Plummer: I got it this morning.
Mr. Dawkins: OK. All right, the ... Dade County is unfairly charging us a
bundle of money, and according to what I have gotten here, its about four
items that we can raise the rent on if Dade County continues to be
unreasonable. I would like to have the Administration prepare for me
something to go before the County Commission with informing them that for
leasing of Dorsey Park...OK. All right. I will read here what the City Clerk
brought back ... I mean, the City Attorney. It says, "In response to your
request ---she reviewed the agreements with the City ---the agreements and the
comments are as follows: With regard to an agreement entered into February
5th between the City of Miami ... we don't have to worry about that one. Number
two. ..number three is one that I think we can do. OK. "With regards to an
agreement entered into on March 19, 1981, between the City of Miami and the
County, for the leasing of the second floor of the City of Miami Municipal
Justice Building, they pay us one dollar per year and the Federal government
for Refugee Assistance, give us six dollars a year." I would like to raise
that to a million and a half a year.
Mr. Plummer: That's the first one?
Mr. Dawkins: Yes, number three.
Mr. Plummer: Number three?
Mr. Dawkins: Yes, number three for the jail. And with the libraries that
they are getting from us for a dollar a year...
Ms. Dougherty: Those have fixed terms.
Mr. Dawkins: Fixed terms? All right, Madam City Attorney, what about four,
five, I mean?
Ms. Dougherty: The ones that you have some leverage with...
Mr. Dawkins: OK.
Ms. Dougherty ... is if you look on the resolution that's attached to that, we
are on a month to month lease for Dorsey Park, Hadley Park and the jail
facility.
Mr. Dawkins: OK. And the Miami library system we can't touch?
Ms. Dougherty: Correct.
Mr. Dawkins: And the solid waste transfer station we can't touch?
Ms. Dougherty: We can't do anything about that either.
Mr. Dawkins: All right, then I would like to raise the jail to two million
dollars a year, Dorsey Park to a hundred thousand, Manor Park to a hundred
thousand and when it comes to the Port bridge, I would like to see us enter
into a percentage basis where Dade County will pay us a percentage of the
gross tonnage that goes through that Port and comes over that bridge, instead
of paying us one time. The Port Authority is an independent entity. It has
nothing to do with Dade County taxes. It operates on its own. So, anything
that we get from the Port does not hurt Dade County at all because it's an
49 June 26, 1986
independent agency, and I think that for allowing them to bring a bridge over,
for them to bring the tonnage from the Port that comes in on the ships, we
should get a percentage of the total gross dollars that they make for that,
and that would be my...
Mr. Plummer: Let me give you another one.
Mr. Dawkins: OR. Go ahead..
Mr. Odio: Beckham Hall, sir.
Mr. Plummer: At this particular point, they are unrealistically paying us to
provide them with fire and rescue protection. As I recall, the Chief told me
the other day that the amount of money does not even nearly cover what we have
to keep...
Mr. Odio: That's right.
Mr. Plummer: ... in personnel and equipment just to make it available to them.
I think their contract is what? Fifteen thousand a month?
Mr. Odio: Yes, sir.
Mr. Plummer: And in realistically, it should be in the neighborhood of a
hundred thousand a month.
Ms. Kennedy: I think that the name of that tax is...
Mr. Dawkins: Raise that to a hundred thousand.
Ms. Kennedy: I think that the name of that tax is highway robbery. I mean, I
share your concerns for the City to get a fair return in its properties, but
the City also profits from its seaport activities. You know, hotels in the
City rent rooms to people who go out on cruises. The Port provides jobs for
people. The taxi drivers get them. I don't know.
Mayor Suarez: As long as we are all throwing items into this, and this is not
one that we can do anything about, but when I was first sitting on this
Commission, very soon afterwards, and in deference to the negotiations that
had taken place by this Commission with the County Commission on the issue of
the Water and Sewer Board, went along with the recommendation to be paid and
to settle that lawsuit against the County for having taken basically, assets
of the City of Miami worth any where from two hundred to four hundred million
dollars, and I went along with the settlement that paid us no more than two
million dollars for refurbishment of the Orange Bowl, and I did that in
deference to the County and in good faith, and here seven months later, I see
the County coming around and asking us for an increase of ... what is it, almost
two million dollars? —and I don't think that they have acted in good faith, and
I will just throw that item in because this Commission could have spent weeks
in debating whether that was a fair settlement of that lawsuit. Now, of
course, I deferred also to Commissioner Plummer, I believe, who headed that
Committee and that the, you know, the work that was done on it, but ... and I
never made an independent evaluation for myself from my own legal standpoint,
all because we wanted to have spirit of cooperation with the County, and here
seven months later they turn around and they try to impose this huge increase
on us, and I want to congratulate all the Commissioners that have been working
to make the County aware of what we can do if we get into a. ..I don't want to
say the word that comes to my mind, but a match of whatever.
Mr. Dawkins: Well, Beckham Hall, Mr...
Mayor Suarez: Resource match here.
Mr. Dawkins: Mr. Mayor, Beckham Hall is another facility where they have a
work release program run by the County, and they are getting that for a dollar
a year. So, I would like, Mr. Mayor, to continue this until the July 10,
1986, meeting where I can come back with some figures that we can look at and
some costs that should be submitted, and ... and Mr. Mayor, I'm not playing.
I'm not into this for no argumentative or what have you. I am going through
this to charge the County for this. I'm not trying to buffalo them or bully
them into doing nothing, you know. This is...I am really sincere about
charging the County for these facilities. I mean, I'm not going through this
50 June 26, 1986
exercise of futility, see. Now, maybe I'm the only vote up here that's in
favor of that, I have no problems with that, but I don't want the press and
nobody else to let the Commissioners think that I'm playing, because I'm not
playing at all.
Mayor Suarez: It sounds like you have got your figures down.
Mr. Plummer: No, you are playing, you are playing hard ball.
Mr. Dawkins: OK.
Mayor Suarez: Yes.
Mr. Dawkins: OK. So, I would like to continue it until the next meeting
please, Mr. Mayor, so I can come back with something that makes more sense.
Mayor Suarez: So, moved and seconded...
Ms. Kennedy: uh huh, second it.
Mayor Suarez: Seconded, call the roll.
Mr. Plummer: May I...
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: Under discussion, may I suggest that you as Mayor write a letter
to the "cigar" in the County, informing him that these items are forthcoming
and that he needs to keep them in consideration for his budget this year.
Mr. Odio: Yep.
Mayor Suarez: It will be drafted...
Mr. Plummer: I think you should put him on notice that that is what this
Commission is working on, and that we fully intend for him to have the
allocations in his budget for these facilities if he intends to use them.
Mayor Suarez: And Madam City Clerk, I will add to that, with Commissioner
Plummer's permission, the transcript of what has been stated so far on this
particular issue, because ... I know, I don't know quickly you can get that.
So, we will get the letter off in any event, but we will send that attachment
forthwith so that they know how this Commission feels.
Mr. Plummer: I would also invite them to the meeting on July loth.
Mr. Dawkins: Yes, by all means.
Mr. Plummer: I would invite, Sergio, to the meeting to come here and to be
part of the discussions. He has nothing more to do in the County.
Mayor Suarez: I want to thank Warren Butler for having volunteered to write
that letter between now and this afternoon. I see him smiling over there.
Someone from the City Manager's Office, if you would prepare a draft, I would
appreciate it, and we will go over it and get it signed.
Mr. Plummer: Tell Sergio, we will send a limousine and a box of cigars. He
will come.
Mayor Suarez: OK. Please call the roll on the motion to continue discussion.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 86-505
A MOTION TO CONTINUE CONSIDERATION OF (a) INCREASE OF
RENTAL FEES ON CITY PROPERTY LEASED TO THE COUNTY AND
(b) IMPOSITION OF RENTAL FEE FOR PLACEMENT OF SEAPORT
BRIDGE ON CITY PROPERTY TO THE MEETING OF JULY 10,
1986, FOR FURTHER INFORMATION.
51 June 26, 1986
Upon being seconded by Commissioner Kennedy, the motion 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
NOES: None.
ABSENT: None.
26. DEFER PROPOSED POLICE SUBSTATIONS UNTIL ADMINISTRATION COMPLIES WITH COST
CAP OF $5,000,000.
Mayor Suarez: Item 22, Police Stations, substations. Does this ever end?
Ms. Juanita Shearer: Mr. Mayor, and members of the Commission, at our
Commission meeting in Mayor, you requested that we provide you with several
things. Plans of the Police Substation projects, which were to be delivered
to you subsequent to that Commission meeting, and you also requested that we
bring our consultants back to you with the project once more so that you would
have the opportunity to review it again to see what the plans and the
elevations look like.
Mr. Plummer: Now, let's also understand what the main direction of the last
meeting was. OK.
Ms. Shearer: Yes, sir.
Mr. Plummer: Direction at the last meeting was since the department did not
understand. We told you to come back with the plans as provided by this
Commission at five million dollars. Have you done that this morning?
Ms. Shearer: We have told ... yes, yes, sir.
Mr. Plummer: You have those plans available here this morning?
Ms. Shearer: The plans which will be presented to you, they are not five
million dollars.
Mr. Plummer: Well, then that's not what we asked you, and we.. all we did at
the last meeting was reiterate our position. Now, how many times have we got
to reiterate our position? Commissioner Dawkins made it extremely clear, that
that was the purpose of this meeting today, and you once again ... that was the
second time by the way, and now once again you have come here without ... not
following the policy of this Commission. Now, I...
Mr. Dawkins: Mr. Manager?
Mr. Odio: Yes, sir.
Mr. Plummer: Where does this thing end?
Mr. Dawkins: No, it's ending right here! Mr. Manager?
Mr. Odio: Yes, sir.
Mr. Dawkins: I would like to see you change the people who you got over this
as of now and give me ... you got an architect over there and somebody ... and put
me somebody else in charge of this, because I...I mean, because J. L., see
this is ridiculous. This is uncalled for. See. And the reason I'm saying
this is I blame Ms. Shearer and then I don't, because Ms. Shearer, was given
orders by Howard Gary not to do this, and Howard Gary has been gone through
two Managers and she is still not doing it. So, it's obvious that somewhere
along the line she is taking ... and I'm sure this Manager wants to get it done.
So, Mr. Manager, give me somebody else over this project who can get it done
and we can get the hell out of here.
52 June 26, 1986
L1
Mr. Odio: Commissioner, let me put the issue up front right now.
Mr. Plummer: No, no, no, excuse me,
This Commission put the issue on the
meeting.
Mr. Odio: Well, then you need to...
you don't put any issue on the table.
table for the second time at the last
Mr. Plummer: Now, you know, Mr. Manager, either you are going to do what this
Commission ask or your replacement will.
Mr. Odio: Fine, sir, you can do that at any time.
Mr. Plummer: Now, Mr. Manager?
Mr. Odio: Now, I think I need to tell you what the problems are on this
substation.
Mr. Plummer: No, sir, that is not the case. I'm sorry. This Commission gave
you a direct policy, and it is according to what I'm told has not been
complied with, and that was the second time we gave that direction. Now, is
it the fact that our direction doesn't mean anything? I'm beginning to
believe it. We gave a direct order.
Mayor Suarez: You know, it was quite simple from what I remember. We have
got five million dollars, if the land acquisition is two point two. It leaves
you two point eight to build it.
Mr. Plummer: Look, John, excuse me, you are my friend...
Mayor Suarez: Do what? Reduce it in size? Do whatever it takes.
Mr. Plummer: I love you dearly.
Mr. John Gilchrist: No, I would like to say...
Mr. Plummer: But as far as I'm concerned, I don't want you to say a word.
Mr. Gilchrist: Thank you.
Mr. Plummer: I want you to come back and start talking when you have complied
with this Commission's directive and it has not been done, and as far as I'm
concerned, this matter is to be deferred until such time as you can comply
with the Commission's directive. Now, it's just that simple. Now, we can
talk about it all we want to talk about it, and we might in fact, as Mr.
Sabines is going to do, we might talk about something else, but until you come
here, we don't know what we are talking about. Now, it's just that simple.
The people of this community voted for a project and this Commission has the
absolute responsibility to abide by that mandate of the people and we have
expressed that to you twice and what we are saying is, as far as I'm
concerned, if you want to talk, I want to walk out of the room, because you
are not complying with the policy of this Commission and until you do such, in
my estimation, there is nothing to be said. I will make a motion at this
time ... I will make a motion at this time that this policy for the third time,
that this policy, that this matter not come back to this Commission until such
time as they have complied with the direction and I will so move.
Mr. Dawkins: I will second it under discussion. I hate to delay this...
Mr. Plummer: We are not delaying it.
Mr. Dawkins: I mean, I...well, you are right. OK. No, discussion.
Ms. Kennedy: OK. Under discussion. Equitable does not mean the same, and I
feel that if we spend the same amount, we may be giving because of specific
circumstances more to...
Mr. Plummer: We are not talking about that.
Ms. Kennedy: OK. I know we are not, but we may be giving more to one area
than to the other. I would like to find from the City Manager...
53 June 26, 1986
Mr. Plummer: We are not talking about that. We will talk about that at such
time as we get the things to talk with. Right now, they are doing what they
want to do.
Ms. Kennedy: OK, but that's something that I want to talk about at some
point.
Mr. Plummer: I call the question.
Mayor Suarez: I don't know if this Commission has ever made anything more
clearer. Moved and seconded, any further discussion, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-506
A MOTION DEFERRING A DISCUSSION REGARDING PROPOSED
POLICE SUBSTATIONS UNTIL SUCH TIME AS THE
ADMINISTRATION COMPLIES WITH THE COMMISSION'S
DIRECTIVE TO BRING BACK FOR THEIR CONSIDERATION, PLANS
FOR SAID SUBSTATIONS THE COST OF WHICH WILL NOT EXCEED
A CAP OF FIVE MILLION DOLLARS ($5,000,000).
Upon being seconded by Commissioner Dawkins, the motion 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
NOES: None.
ABSENT: None.
27. A- INCREASE MEMBERSHIP OF CHARTER ADVISORY COMMITTEE TO TEN MEMBERS.
B- APPOINT FRANK ANGONES, PETER BERNAL, CARLOS MCDONALD, JESSE MCCRARY
AND ALBERTO CARDENAS TO CHARTER ADVISORY COMMITTEE.
Mayor Suarez: Item 23. I believe Item 24 has been withdrawn, has it not, Mr.
City Manager?
Mr. Odio: Yes, sir.
Mayor Suarez: On the firefighters? I'm just planning here for a lunch
recess.
Mr. Odio: The firefighters, we have an agreement and it will be brought to
you as soon as they ratify it.
Mayor Suarez: There is no need for us to get into it at this particular point
and that's your recommendation?
Mr. Odio: No, sir.
Mayor Suarez: OK. Let's go back to 23 then. Does the Commission wish to
formalize the expansion of that Advisory Committee in a way suggested by...
Mr. Carollo: Mr. Mayor, if I may...
Mayor Suarez: Yes, Commissioner Carollo.
Mr. Carollo:... make a final statement for the record. The very next day after
our Commission meeting we appointed five members. I requested of the City
Manager and his administration, if we could poll the Commission to expand the
54 June 26, 1986
r 0
committee to ten members instead of five. I was advised afterwards that we
could not do it that way, because it would be a violation of the Sunshine Law.
So, I'm glad that you brought this to the attention of the Commission and the
way that you did it so that we could vote upon it. I think we certainly
should expand it.
Mayor Suarez: The other alternative that I considered at the time,
Commissioner, in view of the concerns you had expressed publicly, was to have
a special session and it seems like since we are meeting this Thursday and I
don't believe the Committee had met yet, the advisory committee, it made sense
just to formalize the expansion at this point. In the meantime, I had already
suggested one designated individual for myself, and I was hoping that you
would see fit to expand it to ten and each one would get an additional
appointment.
Mr. Plummer: Well, I think a motion, if it's in order...
Mayor Suarez: Yes, it is.
Mr. Plummer: ... is to increase it from five to ten.
Mayor Suarez: Exactly.
Mr. Dawkins: Second, go ahead, second.
Mayor Suarez: Moved and seconded, any further discussion? Call the roll
please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-507
A MOTION TO INCREASE PRESENT MEMBERSHIP OF THE
ADVISORY COMMITTEE ON THE CITY CHARTER FROM FIVE TO
TEN MEMBERS.
Upon being seconded by Commissioner Dawkins, the motion 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
NOES: None.
ABSENT: None.
Mr. Dawkins: Let's get the names now.
Mayor Suarez: Do you want to get your names so that we can officially appoint
them, and the committee can...? I've already nominated Frank Angones, an
attorney.
Mr. Plummer: My second nomination is Mr. Peter Bernal.
Mrs. Kennedy: My nomination is Carlos McDonald.
Mr. Dawkins: My nomination is Jesse McCreary.
Mr. Carollo: I'll make my nomination this afternoon if it will be all right.
Mr. Plummer: I make a motion that all names be accepted including that which
Commissioner Carollo will give this afternoon.
Mrs. Kennedy: Second.
Mayor Suarez: Moved & seconded. Further discussion, call the roll.
55 June 26, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-508
A RESOLUTION INCREASING THE NUMBER OF MEMBERS TO SERVE
ON THE CHARTER ADVISORY COMMITTEE AND APPOINTING
CERTAIN INDIVIDUALS TO FILL VACANCIES CREATED BY SAID
INCREASE.
(Here follows body of resolution, omitted here and on
,file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: We have tentatively scheduled reconvening at 2:16 according to
the schedule. So, why don't we adjourn at this point unless there is any
pressing matters.
Ms. Dougherty: Mr. Mayor, before you...
Mayor Suarez: Madam City Attorney?
Ms. Dougherty:... before you left, in connection with the last item that you
just took up, we had scheduled a meeting for Wednesday, the 2nd in the C.O.W.
Room, and it's the initial meeting of the committee for 2 O'clock, and
secondly we are going to ask you to pass a resolution that sets out for the
record, all of the items that they are to be considering, and there are six
resolutions as defined in this package that's before you today.
Mayor Suarez: Thank you, Madam City Attorney. This Commission is recessed
~ other than the ceremonial purpose of taking a picture until 2:15 P.M.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT 11:46 A.M.
RECONVENING AT 2:18 P.M. WITH ALL MEMBERS OF THE COMMISSION FOUND
TO BE PRESENT EXCEPT COMMISSIONER CAROLLO AND KENNEDY.
28. BRIEF COMMENTS REGARDING REPORT ON EXHIBITION COMMITTEE.
Mr. Plummer: Mr. Mayor, may I for the record, give a very brief report?
Mayor Suarez: Please go ahead, Commissioner. We are officially reconvened,
having a quorum within about 25 feet of this dais.
Mr. Plummer: I'd like to report to you and my colleagues, Mr. Mayor, and the
committee to which you appointed me, the Exhibition Committee. We had
promised you that we would have a report in June. I am happy to announce to
you, sir, that we are having to break that promise because we have had some
very late developments of which we feel the committee is worth exploring. As
you have read about, there is a consideration for the potential interim
facility, which we're looking into as to whether or not it's feasible and
we're also allowing more time for Olympia York to make a definite proposition
and proposal to the committee, because we feel that without the full scope,
the committee would not be serving this Commission's request. It is at this
particular time, Mr. Mayor, the time frame of the committee has changed. We
56 June 26, 1986
10 4
are having, hopefully, the lust and `inal meeting on the 31st day of July, and
we will make our presentation and recommendations to this Commission on the
first meeting in September. I just wanted to give you that report.
NOTE FOR THE RECORD: Commissioner Kennedy entered the meeting at 2:19 P.M.
Mayor Suarez: Thank you, Commissioner.
29. AWARD CITICORP INVESTMENT BANK $12,000,000 POLICE BONDS, $5,000,000 STORM
SEWER BONDS, $3,000,000 SEWER BONDS, AND $2,000,000 HIGHWAY BONDS
Mr. Plummer: Mr. Mayor, item 26 is scheduled for 2:15. It's an award of a
bid. I move item 26.
Mayor Suarez: So moved.
Mr. Odio: What is item 26?
Mr. Plummer: 26 is the $12,000,000 bond for police headquarters.
Mr. Odio: Commissioner, we should put on the record that this is the lowest
bid, seventeen bases points lower than the bond buyer index of A -rated bonds
of June 19. This represents a savings to the City over 20 years of
approximately $730,000.
Mr. Plummer: Who is the bid going to, Mr. Manager?
Mr. Odio: Citicorp.
Mr. Plummer: That's the one from this morning.
Mr. Odio: Investment Bank.
Mr. Plummer: I move we accept the recommendation of the Manager on item 26.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. Any discussion from the Commission?
Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-509
A RESOLUTION AWARDING CITICORP INVESTMENT BANK $12,000,000
POLICE HEADQUARTERS AND CRIME PREVENTION FACILITIES
BONDS, $5,000,000 STORM SEWER IMPROVEMENT BONDS,
$3,000,000 SANITARY SEWER SYSTEM BONDS AND $2,000,000
STREET AND HIGHWAY IMPROVEMENT BONDS OF THE CITY OF MIAMI,
FLORIDA, AND SETTING FORTH THE RATES OF INTEREST AND OTHER
DETAILS RESPECTING SUCH BONDS, RATIFYING AND APPROVING
THE PRELIMINARY OFFICIAL STATEMENT, AND AUTHORIZING
ADDITIONAL PROVISIONS RELATING TO THE ISSUANCE OF THE
BONDS MENTIONED HEREIN, THE FORM THEREOF AND CERTAIN
DETAILS RELATING THERETO.
(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-
57 June 26, 1986
It 0
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
30. BRIEF COMMENTS ABOUT STREET LIGHTS AND TREES IN BAY HEIGHTS AND ROADS
SECTION
Mr. Plummer: Mr. Mayor, let me if I may, if no one else has anything at this
particular point, I would like to personally thank Florida Power & Light for
what they have done in Bay Heights and in the roads section of getting all of
the lights turned on. They've done a very good job. Now, Mr. Manager, hello
there, Mr. Manager, I was asked by Florida Power & Light to give them a report
of what I found in the road section. At the best, we only found five lights
that were not working. I want to tell you that in discussions of previous
administrations that of all of the lights in the road section using that as
the example, we found that approximately 20% of those lights you can't find
even though they are on. The problem is they are in the middle of trees.
That is great to have lights, but if no one is going to be doing any tree
trimming- and I know it is an expensive item. We went and fought with Florida
Power & Light before, who absolutely denied any responsibility for having to
do it. I'm saying to you that whatever we're spending per month for energy
for those lights that are totally obliterated by trees is a total waste of
money. I would like you to come back to this Commission on July loth and tell
us what you can do and how you can do it because I think lights are a very
great deterrent to crime. But lights in trees that you can't even hardly find
are not worth the money and we're not getting our money's worth. Whatever you
find in the roads and whatever you find in Bay Heights is going to be
multiplied all over the City. I think what you need to do is come back to
this Commission on July loth and tell us what you can and will do about
correcting that problem.
31. BRIEF COMMENTS ON CONSOLIDATION OF FEES, TAXES, BILLS OF CITY
Mr. Plummer: I have another problem, Mr. Mayor, and this one is somewhat
personal. You guys don't have to fight with this, but I do. Mr. Manager, I
am presently in my personal business writing anywhere from between 20 and 40
checks a year to the City of Miami. I am hit twice a year with garbage tax.
I am hit with three differd�t occupational licenses. I am hit with a CO,
annual CO, renewal of my building. Now, I'm not going to sit here and make an
argument against further taxation, but what I am asking consideration for, is
it possible that this all could be lumped together and paid at one time,
because as it stands today, I am continuously writing checks to the City of
Miami.
Mayor Suarez: I have sent a memo on the occupational license structure to see
if we can review it, Commissioner. Maybe we can take up your consolidation
ideas at the same time.
Mr. Plummer: Mr. Mayor, let me give you one other because at this present
time, I for the present public, am in violation of State Law, County, and City
law. The City, I sent in my occupational license check. They sent back all
of the applications. They kept the check, and said that I had to furnish them
with a current State license. Now I called the State and my current State
license won't come out until about the first of September. So you're running
on different times and what it is I'm supposed to pay, I think the
occupational license by the 30th of June, and yet they won't accept my
application because I don't have a State license which isn't going to come out
until the first of September. I don't think there is any problem, but I'm
telling you legally there is a problem if anybody ever wanted to question it.
58 June 26, 1986
So I think you need to look into that matter and correct the dates or the
timing.
32. BID ACCEPTANCE: AL MARTIN INDUSTRIES FOR ORANGE BOWL CONSTRUCTION
Mayor Suarez: Can the City Manager, as long as we have a few minutes left
before we can take up the next item, you want us to consider a resolution
accepting the bid of Al Martin Industries in connection with the Orange Bowl
refurbishment.
Mr. Odio: The reason we asked you to do that today if you would, is that we
need to get the Orange Bowl ready for the season. If we don't award this
today, we won't be able to have it ready. This is a lot of work.
Mayor Suarez: There is no problem with the fact that this has not been part
of the agenda or advertised otherwise, since we're just accepting a bid.
Mr. Odio: No, sir, that's all.
Mayor Suarez: It is the low bid?
Mr. Odio: It is the lowest bid. So we can proceed with the work, we only
have two months before the first game.
Mayor Suarez: Without reading the entire resolution, unless the Commission
wants to read the entire thing, Section 1 states that June 23, 1986 bid of Al
Martin Industries, Inc., in the proposed amount of $397,000.00 for the project
entitled Orange Bowl Construction, for the base bid of the proposal....
Mr. Plummer: So move.
Mayor Suarez: So moved.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mr. Plummer: And remember the money comes from the T.D.C.
Mr. Odio: From the bed tax.
Mayor Suarez: The total is $450,000. Make sure we get that on the record,
because it includes consultant fee and project expenses. Eighteen and
thirty-five thousand dollars respectively, moved and seconded.
Mr. Plummer: What is this?
Mayor Suarez: Same item, refurbishment to Al Martin Industries Inc. Call the
roll. Hearing no further discussion from the Commission, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-510
A RESOLUTION ACCEPTING THE BID OF AL MARTIN INDUSTRIES,
INC., IN THE PROPOSED AMOUNT OF $397,000.00 BASE BID OF
THE PROPOSAL, FOR ORANGE BOWL CONSTRUCTION; WITH MONIES
THEREFOR ALLOCATED FROM "T.D.C. RESORT TAX REVENUES" IN
THE AMOUNT OF $450,000.00 TO COVER THE CONTRACT COST; AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
SAID FIRM.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote-
59 June 26, 1986
4
jo
APES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
33. INCREASE SALARY OF LUCIA DOUGHERTY, CITY ATTORNEY, BY 102
Mr. Plummer: Mr. Mayor, let me bring up one of the most controversial items
of the day. It is....
Mr. Dawkins: I table that.
Mr. Plummer: Yes, I know you do; you'll invoke the rule, the 365 day rule.
Mayor Suarez: The only reason we're taking pocket items....
Mr. Plummer: No, this is an emergency.
Mayor Suarez: Or emergency items is that we have three more minutes left
before we take up the next item. Go ahead, Commissioner.
Mr. Plummer: Mr. Mayor, we have dealt with everybody in the City and all of
the unions as far as renewal of contracts. I think we need to deal with the
City Attorney. The City Attorney presently is making $89,000. That is $6,000
less than her next assistant.
Mayor Suarez: I move to reduce the assistant's salary to $88,500.
Mr. Dawkins: Second.
Mr. Plummer: I would, Mr. Mayor, the County Attorney is presently making
$118.000. I would like to move at this time that the City Attorney be granted
a 10% increase which would be at least making her the highest in her
department. I think it is only fair....
Mrs. Kennedy: Second.
Mr. Plummer: ....that the department head should be, in fact, the highest
paid. I move, Mr. Mayor, that the City Attorney receive a 10% increase.
Mrs. Kennedy: Second.
Mr. Dawkins: It comes out of Plummer's budget.
Mr. Plummer: No, it comes out of Odio's.
Mayor Suarez: So moved and seconded. Any further discussion from the
Commission?
Mr. Dawkins: Yes, under discussion. When Mayor Suarez is reelected she gets
another aide?
Mr. Plummer: Oh, sure.
Mr. Dawkins: No problem.
ME
Mayor Suarez: You put me in a quandary here. I do have a problem with a
salaries in excess of $75,000, as I've stated. I've always said that we could
pay less than $75,000 and be competitive with the private sector. It may be
true that in the area of....
Mr. Plummer: But she doesn't want to go to work for your firm.
60 June 26, 1986
Mrs. Kennedy: And she doesn't want you to work for her, either.
Mayor Suarez: In the area of the practice of law that we have to go a little
higher than that. What does that make it come out to be with the ten percent
increase?
Mr. Plummer: Approximately it would make her at $96,000.
Mayor Suarez: That's higher than the City Manager.
Mr. Plummer: No, he makes $99,000.
Mr. Odio: Ninety -what? Did I get a raise?
Mayor Suarez: Ninety-two is the last I remember.
Mr. Odio: He was trying to cut me the last time. Ninety-two, and it's not
enough.
Mayor Suarez: It's not enough, he says.
Mr. Odio: After what I took this morning, I want a raise.
Mayor Suarez: Do you want that on the record? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86 -511
A RESOLUTION INCREASING THE SALARY OF LUCIA A. DOUGHERTY,
THE CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, BY 10%,
EFFECTIVE JUNE 26, 1986.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
NOES: Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
DURING ROLL CALL:
Mayor Suarez: I'll stick to my policy and vote no. I think S75,000 is more
than enough, not reflecting in any way on the job that she has done, which by
the way, I think is magnificent.
NOTE FOR THE RECORD: Commissioner Kennedy announced winning the Jet Ski
Competition.
34. CLOSURE OF PINE HEIGHTS PARK, N.W. 16 ST. & 16 TERR. AND N.W. 8 AVE. & 8
CT.
Mayor Suarez: Planning and Zoning item 1.
Mr. Plummer: If nobody has any objections, I move it.
Mayor Suarez: So moved. The total amount of land we would be receiving is
how much larger than the amount of...?
61 June 26, 1986
Mr. Dawkins: I second it.
Mayor Suarez: Seconded. It's quite a bit larger what we're getting than what
we're giving up. Right? Moved and seconded. Any further discussion from the
Commission? Is there anyone from the general audience who wants to be heard
for or against this? Hearing no one....
Mr. Guillermo Olmedillo: May I call to your attention that items 1, 2, 31 4,
and 9 are related items.
Mayor Suarez: We'll take each one in sequence then. Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-512
A RESOLUTION CLOSING AND VACATING PINE HEIGHTS PARK, AS
INDICATED ON THE PLAT OF "HIGHLAND PARK" RECORDED IN PLAT
BOOK 2 AT PAGE 13, OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, AND FURTHER RELEASING AND RELINQUISHING ANY
INTEREST IT MAY HAVE IN PINE HEIGHTS PARK, SUBJECT TO THE
CONDITION THAT TRACT "B" BE SHOWN AS A PUBLIC PARK ON THE
FINAL PLAT AND FURTHER SUBJECT TO RECEIPT OF AN EXECUTED
LANDSCAPE AND MAINTENANCE AGREEMENT FOR PINE HEIGHTS PARK
AND THE "BROWARD CIRCLE" PARK IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, ALL AS A CONDITION OF APPROVAL OF TENTATIVE
PLAT NO. 1262 - "MEDICAL SUBDIVISION".
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
35. STREET CLOSURE: PORTION OF N.W. 8 CT., N.W. 15 ST., N.W. 16 ST., N.W. 16
TERR. AND 2 ADJOINING ALLEYS
Mayor Suarez: Item 2, street closure, same location.
Mr. Plummer: The same.
Mr. Dawkins: Second.
Mrs. Kennedy: Second.
Mayor Suarez: Moved, seconded, thirded. Does anyone wish to be heard for or
against this?
Mr. Plummer: For the record, let it be recognized that the department, as
well as the board, recommends it.
Mayor Suarez: Recommended by the department and the boards. Is it zoning?
The Zoning Board. Please call the roll.
62 June 26, 1986
C�
Ap
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-513
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF NORTHWEST
16TH TERRACE AND NORTHWEST 16TH STREET LOCATED BETWEEN THE
WEST RIGHT-OF-WAY LINE OF NORTHWEST 8TH AVENUE AND THE
EAST RIGHT-OF-WAY LINE OF NORTHWEST 8TH COURT; THAT
PORTION OF NORTHWEST 8TH COURT LOCATED BETWEEN THE NORTH
RIGHT-OF-WAY LINE OF NORTHWEST 15TH STREET AND THE SOUTH
RIGHT-OF-WAY LINE OF NORTHWEST 17TH STREET; THAT PORTION
OF NORTHWEST 15TH STREET NORTH OF THE NEW ROAD ALIGNMENT
FOR NORTHWEST 15TH STREET; THAT PORTION OF A 10' ALLEY
RUNNING NORTH -SOUTH LOCATED CONTIGUOUS AND ADJACENT TO
LOTS 9 AND 20, BLOCK 21, HIGHLAND PARK, AND THE 10' ALLEY
RUNNING EAST -WEST LOCATED CONTIGUOUS AND ADJACENT TO LOTS
1 THROUGH 4 INCLUSIVE, BLOCK A, HIGHLAND PARK, ALL
RECORDED IN PLAT BOOK 2 OF PAGE 13 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, AS A CONDITION OF APPROVAL OF
TENTATIVE PLAT NO. 1262 - "MEDICAL SUBDIVISION", SUBJECT
TO THE RECEIPT OF AN EXECUTED LANDSCAPE AND MAINTENANCE
AGREEMENT FOR PINE HEIGHTS PARK AND THE BROWARD CIRCLE
PARK IN A FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
36. SECOND READING ORDINANCE: ZONING ATLAS CHANGE AT APPROXIMATELY 831 N.W.
15 ST. FROM 0-1/7 TO PR.
Mayor Suarez: Which are the other related items?
Mr. Plummer: Number 3.
Mr. Dawkins: Move it.
Mrs. Kennedy: Move it.
Mr. Plummer: Second.
Mayor Suarez: Move, second, third. Anyone wish to be heard for or against
item 3? Commissioners, any further discussion? Call the roll.
63 June 26, 1986
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 831 NORTHWEST 15TH STREET, MIAMI,
FLORIDA, FROM 0-I/7 OFFICE -INSTITUTIONAL TO PR PARKS
AND RECREATION; MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 24 OF SAID ZONING ATLAS
MADE A PART OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
passed on its first reading by title at the meeting of May 22, 1986, was taken
up for its second and final reading by title and adoption. On motion of
Commissioner Dawkins, seconded by Commissioner Plummer, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10117.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
37. SECOND READING ORDINANCE: ZONING ATLAS CHANGE FROM PR TO 0-I/7 AT
APPROXIMATELY 1601 N.W. 8 CT.
Mayor Suarez: I'll entertain a motion on item 4.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Anyone wish to be heard for or against
item 4? Anyone from the Commission? It's also related to the same.
Mr. Dawkins: Why is 4 related?
Mr. Plummer: It's amending the Zoning Atlas.
Mr. Dawkins: O.K., no problem.
Mayor Suarez: Call the roll on item 4.
Mr. Plummer: No, it's an ordinance.
Mayor Suarez: Read the ordinance, please. Call the roll.
64 June 26, 1986
AN nRDINANC7 EP,TTTLED-
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 1601 NORTHWEST 8TH COURT; AREA BOUNDED
BY NORTHWEST 8TH AVENUE AND NORTHWEST 8TH COURT,
BETWEEN NORTHWEST 16TH STREET AND NORTHWEST 16TH
TERRACE, MIAMI, FLORIDA, FROM PR -PARKS AND RECREATION
TO 0-I/7 OFFICE INSTITUTIONAL MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 24 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500,
BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION
300, THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 22, 1986, was taken
up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Kennedy, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE N0. 10118.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
38. ACCEPT PLAT "MEDICAL SUBDIVISION" N.W. 15-17 ST. AND N.W. 8 AVE-8 CT.
Mayor Suarez: We should take up item 9, the acceptance of the plat.
Mr. Plummer: Move it.
Mayor Suarez: Moved.
Mr. Dawkins: Second.
Mayor Suarez: Seconded. Any further discussion from the Commission? Anyone
wishing to be heard against this item or for this item of the general
audience? Hearing none, please call the roll on item PZ-9.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-514
A RESOLUTION ACCEPTING THE PLAT ENTITLED MEDICAL
SUBDIVISION, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT: AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND POSTPONING THE
IMMEDIATE CONSTRUCTION OF CERTAIN IMPROVEMENTS UNTIL
REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS: AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK
TO EXECUTE THE PLAT AND PROVIDING FOR THE RECORDATION OF
SAID PLAT IN THE PUBLIC RECORDS OF DADE FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
65
June 26, 1986
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Mayor Suarez: You did your homework and advised us and I presume all the
Commissioners as I was of what was taking place here and it made it a lot
easier for us. You all sent a very good representative to my particular
office.
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39. SECOND READING ORDINANCE: AMEND OUTDOOR ADVERTISING SIGNS (BILLBOARDS)
SHALL BE IN SPECIFIED COLORS AND MUST FACE BACK-TO-BACK AT A MAXIMUM
ANGLE OF 30 DEGREES
Mayor Suarez: PZ-5.
Mr. Sergio Rodriguez: PZ-5 is the second reading of the billboard amendment.
Mr. Dawkins: Move it.
Mayor Suarez: This is the one that redefines what is parallel is 30 degrees.
Mr. Rodriguez: This is the one that defines the angle that can be for the
designs and the colors.
Mr. Plummer: Put the map up. I want to see the map.
Mr. Rodriguez: There is no map. This is an amendment to the ordinance.
Mr. Plummer: What does this do?
Mr. Rodriguez: This allows you to have a 30 degree angle on the two faces
instead of being back to back.
Mr. Plummer: Ah, item 5.
Mr. Rodriguez: Item 5.
Mr. Plummer: Yes, yes, yes.
Mr. Rodriguez: And the one that defines the colors as used.
Mayor Suarez: Did we ever get any gifts or concessions or anything from the
applicant in view of....
Mr. Plummer: We got the equivalent of $100,000 worth of City advertising per
year. Is it? What was it? It was in the contract. Madam City Attorney, it
was either $50,000 or $100,000 a year for City purposes.
Mayor Suarez: I believe it was Commissioner Plummer suggesting you'd be able
to get something for us for this.
Mrs. Dougherty: There was something. I don't recall what it was.
Mr. Plummer: So inform the Mayor.
Mayor Suarez: You've moved it, Commissioner?
Mr. Plummer: Yes, sir.
66 June 26, 1986
3 It
Mavor Suarez: Second, anybody? Went to mske it 28 degrees instead of 30
degrees?
Mr. Dawkins: I think they're already 30 and that's why we're going with 30.
Mr. Plummer: I withdraw my motion.
Mayor Suarez: Do we have a second?
Mr. Dawkins: I seconded.
Mr. Plummer: Oh, I'm sorry.
Mayor Suarez: Moved and seconded. Any further discussion from the
Commission? Anyone who wishes to be heard for or against this item from the
general audience? Call the roll on PZ-5. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
SUBSECTION 2026.15.2 OF ARTICLE 20 ENTITLED "GENERAL
AND SUPPLEMENTARY REGULATIONS," BY PROVIDING
SPECIFICATIONS REGARDING THE COLOR OF GENERAL OUTDOOR
ADVERTISING SIGN SUPPORT STRUCTURES AND POSITIONING
OF SIGN FACES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of May 22, 1986, was taken
up for its second and final reading by title and adoption. On motion of
Commissioner Plummer, seconded by Commissioner Dawkins, the ordinance was
thereupon given its second and final reading by title and passed and adopted
by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner Rosario Kennedy
ABSENT: Commissioner Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10119.
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.
ON ROLL CALL:
Mrs. Kennedy: No, I need to be consistent, I vote no.
Mayor Suarez: Yes, and I would like to see what concessions we did get, in
fact, out of the them as suggested by Commissioner Plummer. Would you please
provide that?
Mr. Rodriguez: Yes, sir.
Mayor Suarez: Because they made a good faith statement to the effect they
would help us with some program. I would like to know what that consideration
has been. No particular program was meant.
67 June 26, 1986
3 It
40. FIRST READING ORDINANCE: ATLAS CHANGE FROM CG-2/7 TO RG-2/5 AT
APPROXIMATELY 190-240 N.W. 20 ST.; APPROXIMATELY 1920-1990 N.W. 1 PL.
Mayor Suarez: PZ-6.
Mr. Plummer: Is there a map on this one?
Mr. Olmedillo: We do have a map, but the overhead projector is not in
operation today, sir.
Mr. Plummer: My question is this also involves a street closing. Correct?
Mr. Olmedillo: No, sir.
Mr. Plummer: Yes, sir, the next item... Oh, that's another location. I'm
sorry.
Mr. Olmedillo: It's another location. That's on sixty some street.
Mr. Plummer: What does this one do? This is just amending it to what?
Mr. Olmedillo: This is changing the CG-2/7 to an RG-2/5. This item was
before you about three months ago or longer than that. Time has lapsed
according to the time restrictions by the ordinance. We have to bring it
back to you.
Mr. Plummer: Why does the school board have to have a reduced zoning?
Mr. Olmedillo: It does not make a difference. We conferred with them. It
does not make a difference to them because it is contained within the RG-2/5
district, so it does not make a difference to them. These are the park
areas, the play areas for the school, the ones that are being covered by the
proposed change. This was approved by you about four or five months ago.
Mr. Plummer: I still don't know what it accomplishes. I move it.
Mr. Olmedillo: The thing is....
Mr. Plummer: I move it.
Mrs. Kennedy: Is this for the Overtown Redevelopment Plan?
Mr. Olmedillo: Yes, ma'am.
Mrs. Kennedy: I second.
Mr. Olmedillo: The CG-2 does not allow housing to be built there.
Mr. Plummer: Fine.
Mayor Suarez: Moved and seconded. Any further discussion? Any comments from
the general audience for or against? Read the ordinance, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 190-240 NORTHWEST 20TH STREET AND
APPROXIMATELY 1920-1990 NORTHWEST 1ST PLACE (BOTH
SIDES OF 1ST PLACE), MIAMI, FLORIDA, FROM CG-2/7
GENERAL COMMERCIAL TO RC-2/5 GENERAL RESIDENTIAL;
MAKING FINDINGS; AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGES 21 AND 23 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 SEVERABILITY
CLAUSE.
68 June 26, 1986
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
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 the public.
41. STREET CLOSURE AT APPROXIMATELY N.E. 66 ST. BETWEEN 4 CT. AND 5 AVE.
Mayor Suarez: PZ-7. Is this related?
Mr. Plummer: No, it's different location.
Mayor Suarez: Street closure, same applicant.
Mr. Plummer: O.K., let me see the map. Is this for a permanent closure?
Mr. George Campbell: Yes, sir, this is a plat that the Morningside
Elementary School, they're closing N.E. 66th Street. We have had public
hearings on this. We sent out notices to the adjacent property owners within
375 feet.
Mr. Plummer: Let me see the map. Which is the street to be closed?
Mrs. Kennedy: We had asked Public Works to have a public hearing on this
park. Did we do that?
Mr. Campbell: Yes, ma'am, we did. We went out to the neighborhood. We held
a public meeting or a neighborhood meeting at the school. Nobody showed up.
We threw a party and nobody came.
Mr. Plummer: The problem we got into before was on a traffic pattern. This
is on N.E. 4th and 5th Avenue at 66th Street. Does this do anything to alter
the traffic pattern of the neighborhood?
Mr. Campbell: Not appreciably, no, sir. The only difference is that they
just can't go through 66th Street per se. They have to go a little bit around
the block. But that's all.
Mr. Plummer: You're saying that there have been public hearings.
Mr. Campbell: Yes, sir.
Mr. Plummer: And they are aware that it's a permanent closure.
Mr. Campbell: We notified them.
Mr. Plummer: And there have been no objections.
Mr. Campbell: No, sir.
Mr. Plummer: I move item 7.
Mrs. Kennedy: Second.
Mayor Suarez: So moved and seconded. Any further discussion from the
Commission? Anyone from the general public who wishes to be heard for or
against this street closure on N.E. 66th Street between 4th Court and 5th
Avenue, PZ-7? Call the roll, please.
69 June 26, 1986
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-515
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF NORTHEAST 66TH STREET
BETWEEN THE WEST RIGHT-OF-WAY LINE OF NORTHEAST 5TH AVENUE
AND THE EAST RIGHT-OF-WAY LINE OF NORTHEAST 4TH COURT, AS
INDICATED ON THE PLAT OF "AMENDED PLAT OF MORNINGSIDE",
RECORDED IN PLAT BOOK 15 AT PAGE 15, OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, SUBJECT TO THE CONDITIONS
ESTABLISHED BY THE PLAT AND STREET COMMITTEE; ALL AS A
CONDITION OF APPROVAL OF TENTATIVE PLAT NO. 1266,
"MORNINGSIDE ELEMENTARY SITE".
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
42. DISCUSSION OF PLAT ACCEPTANCE OF VIZCATRAN GARDEN (See label f45)
Mayor Suarez: PZ-8, plat acceptance of the Vizcaya site, part of the Swire
properties deal, right?
Mr. Odio: Vizcatran, Billy Freixas.
Mr. Campbell: Yes, sir, this has gone through public hearings. The street
closure was approved by the Zoning Board. This is up for your action now.
The property owners within 375 feet were notified. We did have a public
hearing at the Zoning Board.
Mayor Suarez: Extremely dense use of the property in question. What was the
result of the public hearings? Was there a lot of opposition, I assume?
Mr. Campbell: There were several there in opposition, yes, sir. I believe
this is one of the items on the housing.
Mayor Suarez: Yes, without this item, the whole deals falls apart. Any
further discussion from the Commission?
Mrs. Kennedy: Have they given us the letter of credit?
Mr. Campbell: Yes, sir, excuse me. Yes, ma'am.
Mr. Plummer: Do you want to get hit with a trophy?
Mr. Campbell: All of the requirements of the Code have been fulfilled.
Mrs. Kennedy: Move it.
Mayor Suarez: So moved. Do we have a second? I second it.
Mr. Dawkins: Call the roll.
70 June 26, 1986
THEREUPON MOTION DULY MADE BY COMMISSIONER KENNEDY AND SECONDED BY MAYOR
SUAREZ, THE PLAT ACCEPTANCE OF "VIZCATKAN GAKDEN" FAILED TO PASS BY 111E
FOLLOWING VOTE:
AYES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Vice -Mayor Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
ABSENT: Commissioner Joe Carollo
ON ROLL CALL:
Mr. Plummer: For the reasons previously stated, I vote no.
Mr. Odio: Billy will commit suicide tonight.
NOTE: THIS ISSUE PASSED LATER AS RESOLUTION NO. 86-519 (See label #45)
43. DESIGNATE CITY MANAGER CESAR ODIO, CITY ATTORNEY LUCIA DOUGHERTY AND CITY
COMMISSIONER J.L. PLUMMER AS REPRESENTATIVES REGARDING CONDUCT AND
CANVASS OF CITY ELECTIONS IN SEPTEMBER AND NOVEMBER 1986.
Mr. Plummer: Can I handle this now? A resolution designating the City
Manager, Cesar Odio, the City Attorney, Lucia A. Dougherty, and if you wish,
City Commissioner J.L. Plummer, as official City Commission representatives
regarding the conduct and canvass of City Elections occurring in September and
November 1986, and instructing said representatives to report to the City
Commission on the results of said elections as soon as practicable after the
dates thereof. I so move.
Mayor Suarez: So moved and seconded. Any discussion from the Commission?
Call the roll on the resolution.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-516
A RESOLUTION DESIGNATING THE CITY MANAGER, CESAR H. ODIO;
THE CITY ATTORNEY, LUCIA A. DOUGHERTY; AND CITY
COMMISSIONER J.L. PLUMMER, JR. AS OFFICIAL CITY
COMMISSION REPRESENTATIVES REGARDING THE CONDUCT AND
CANVASS OF THE CITY ELECTIONS OCCURRING IN SEPTEMBER AND
NOVEMBER, 1986 AND INSTRUCTING SAID REPRESENTATIVES TO
REPORT TO THE CITY COMMISSION ON THE RESULTS OF SAID ELEC-
TIONS AS SOON AS PRACTICABLE AFTER THE DATES THEREOF.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
71 June 26, 1986
44. ADOPT THE AD HOC COMMITTEE REPORT ON BAYFRONT PARK
Mayor Suarez: I believe Commissioner Kennedy is going to go ahead and give us
her report, so we can get that done before 3:30. She wants to go ahead and
do it now because they've been waiting. I know that Alan has to go back to
work. Kitty should have been working all along.
Mrs. Kennedy: Mr. Mayor, as all of you know, I have been working on many,
many boards, many boards for many years. Never before have I worked with a
board, with a group of citizens so dedicated to a dream. We met several
times. We spent countless hours reviewing, studying, discussing plans for
Bayfront Park. You, my fellow Commissioners, should be proud of the people
you chose to represent you on this board, for the proposal that we bring
before you today is a product of their efforts. It is a complicated proposal
and I urge you to study it carefully. One basic principle guides it. Only
we, as Miami's principal governing body, can make the determination that will
forever shape whether our downtown will be a vibrant commercial center with a
park accessible to all citizens of this community. The responsibility of
making this determination rests with us today. Let me just, before we start,
thank each and everyone of these members for offering me the privilege to
serve in this committee. I'd like to read a telegram from one of our members
who could not be here today, Tina Hills. It says:
"I'm sorry I will not be in the Commission meeting Thursday. I'm
out of the country on business. I respectfully urge you to adopt
the report of Commissioner Kennedy's committee, including the
bond issue. I am hopeful that we can all continue to work
together implementing the Noguchi design and finishing the park
project."
I would like at this point to introduce one of these committee members, who
worked so diligently, so that he can tell us our group's recommendation,
Alan Weisberg's commitment to Bayfront Park is legitimate; he has been
working on it for many, many years. Alan.
Mr. Alan Weisberg: Thank you. Members of the Commission, my purpose today
is to report to you the results of the Bayfront Park Amphitheater Advisory
Committee. Our committee was appointed by this body just seven weeks ago,
but since that time, we have met formally almost weekly and since that time
we've met informally receiving information, we've inquired from the City and
other organizations throughout the community, the Police Department and
others, so that we would have the information we felt we needed to provide
you with the information that you requested. The half of the other members
of the committee, Tina Hills, Dan Paul, Skip Sheppard, Howard Gary, and
myself, we would like to thank Commissioner Kennedy for her efforts and
guidance to us. It certainly facilitated us in getting the information we
needed. I think the time we spent was well spent. There were a number of
issues that we had to address, but in addition, there were some issues that
I categorize as potential problems that we identified. I believe those are
addressed in the report. However today, my purpose is to present to you our
major recommendations. I believe the task that we were presented really
required a balancing of concerns that you as Commissioners expressed at the
meeting, I believe when you appointed the committee. I had a chance to
review that. It was on the one hand to make sure that the park was
accessible to the public and to community groups and was available to the
citizenry of the City, and on the second hand, a concern about money. We
tried to balance those two considerations, and I believe that our report
adequately balances those two factors out and are summarized in our
recommendations. We wanted to achieve maximum utilization out of the park
because we felt that without people being in the park, the park would not
succeed. We wanted to have the park available to all the numerous community
groups who wanted to use the amphitheater. We heard from those groups. We
heard from many of them. We consulted with them as to what requirements
they would have, whether they would require the formalities that would go
with the more expensive covered amphitheater, or whether the design as
existing would be satisfactory. We consulted with people who were involved
in putting on shows as to what requirements they would have and they were
satisfied. I'd like to go now to the major committee recommendations.
72 June 26, 1986
1 10
NOTE FOR THE RECORD: Commissioner Carollo entered the meeting at 2:52 P.M.
Mr. Plummer: Excuse me, did you... however you want, whether you want
questions now or later. Did you get a commitment from those community based
organizations as to funding, what their commitment would be to funding?
Mr. Weisberg: I'm not certain what you mean by funding.
Mr. Plummer: Dollars.
Mr. Weisberg: No, we got no absolute commitment that they would provide us
money to build the amphitheater.
Mrs. Kennedy: Excuse me, the private sector has committed about a million
dollars already. You have the Knight-Ridder Foundation. You have Tina
Hills. You have many private individuals.
Mr. Plummer: Rosario, that is not my concern. My concern was basically the
operation and maintenance of the amphitheater. That has been my concern.
Have they made a commitment to funding so that the City will not have to come
up with tax dollars?
Mr. Weisberg: In that regard, we have advised them that it was our intention
of basically having a two -tiered fee structure for users of the amphitheater.
One for the community groups and they would be charged what I call the
variable out-of-pocket expenses. For instance, whatever it costs the City to
clean up the additional expenses of putting on that event, the not for profit
groups would be charged that rate, whatever that is.
Mr. Plummer: Is that the total cost factor?
Mr. Weisberg: No, that's the out of pocket additional cost.
Mayor Suarez: That's everything except wear and tear type things.
Mr. Plummer: No, I'm thinking of liability insurance. I'm thinking of
electricians, of sound men, of ticket takers, or security; you know, right on
down the line. Because that is why, as I've told you previously, your numbers
don't even hold water. I don't know where you got your figures from, but
your figures are so shallow, that they don't make sense to me. So I'm asking,
in the final analysis after all of the questions are said and done, so that
there is no subsidy required, are they willing to make a commitment to pick up
any deficit? That's my question. Did they make a commitment to that?
Anybody can say, "Hey, I want something for nothing." But there are no free
lunches.
Mr. Weisberg: Commissioner, that's why we picked up on your comments about
we're also committing half the dates to for -profit entities.
Mr. Plummer: Who's going to run that?
Mr. Weisberg: Our recommendation is that it be run by the not -for -profit
community based entity.
Mr. Plummer: Will they guarantee an annual return to the City as a private
promoter would? I don't think so.
Mr. Weisberg: No, I don't think so. We addressed that concept, and I think
it's a fair statement that the members of the committee did not feel that the
park should be perceived as a profit center.
In
Mr. Plummer: No, I don't think so either. I've never indicated for profit.
But I don't think that we should be required to have to subsidize. You know,
we have at the present time an Orange Bowl which requires subsidies. By the
way, we have a so-called promoter in the Orange Bowl. We have a Marine
Stadium requiring subsidies. We have a Gusman Hall that requires subsidies.
A We have a baseball stadium that requires subsidies. We have the Latin
Activity Center, which requires subsidy. I'm asking you when you start taking
from some of these already subsidized facilities to further increase their
subsidy, who is going to subsidize this one ? My concern- and I'm going to
lay it right on top of the table- if you are looking for someone within this
73 June 26, 1986
C:'t.;; to ac' as a promoter for revenue, my friond, my sixteen years of
experience tells me that you are completely out of question. There is nobody;
and we have tried time and time again to bring in somebody on staff to be the
promoter for the City to bring in the big names, and it doesn't work. It just
doesn't work. Where my conception originally was, if you went to a private
promoter, they would make an annual guaranteed minimum amount to the City,
which I would hope would cover expenses and then make available to civic -
minded groups absolutely free, not even out of pocket expenses, at least 60 or
90 days of play a year. They would ride absolutely free at the expense of a
private promoter. Now you are saddling the community groups with out -of -the -
pocket expenses, which I think is unfair. I'm just asking you, under your
conception of it being handled in-house, as to the track record, if you look
at the track record of what has happened in the past, obviously no one has. I
just don't know why you are saddling the community groups with this kind of
expense when it's not necessary.
Mr. Weisberg: I don't believe they perceive it as a saddle. I think they are
willing to take it on this reduced fee basis. They seem willing to accept it
at that.
Mr. Plummer: But who's going to guarantee it? That's the point I'm trying to
make.
Mr. Weisberg: I don't believe there are any guarantees.
Mr. Plummer: Oh, sure, there will be if you go out to a bid. If you go out
to a bid private promoters, they will come in and give an annual minimum
guarantee to the City. That's normal. I mean it's just like Bayside; they're
promoters in as such, whatever you want to call it. They would have to make a
minimum guarantee, which this City would determine, I would hope, predicated
on what the expenses of the facility would be and the community groups get 60
or 90 days free of charge.
Mr. Weisberg: There are additional sources of revenue in the park no matter
who runs it.
Mr. Plummer: We're speaking basically to the amphitheater. Don't try to take
your money from other sources, because you have one source here that's totally
out of character. The five million dollars from the Seaport Bridge, a
million and a half of that is already totally obligated.
Mr. Weisberg: I'm not referring to this. I'm referring now... I think your
question is the operation and maintenance of the park once it's completed.
Mr. Plummer: No, basically I'm speaking now to the amphitheater. The park
itself is a different ball park.
Mrs. Kennedy: Commissioner Plummer, what million and a half are you referring
to?
Mr. Plummer: The million and a half dollars is the obligation of the City to
pay the attorneys in the acquisition of the FEC property.
Mr. Weisberg: I can address that now, if you like.
Mr. Plummer: No, that's there as far as I'm concerned, unless you dispute it.
Mr. Weisberg: I do.
Mr. Plummer: Oh, I hope Guy Bailey hears you out.
Mr. Weisberg: Well, it's my understanding, your Honor, that- excuse me, I'm
not in court- Mr. Commissioner....
Mr. Plummer: Whatever you think is fair.
Mr. Weisberg: ....that the City has in fact already paid the attorneys. The
two law firms...
Mr. Plummer: I hope you're right.
_____ 74 June 26, 1986
1� I
Mr. Weisberg: It is my understanding that's true from the City Attorney's
office. To further up on that, we contacted Mr. Carlos Garcia, the Finance
Director of tic City, who advised us that the City has in fact already paid
that million and a half dollars. There is no need to reimburse that.
Mrs. Dougherty: For the most part, it's true. There are some outstanding
bills that are insignificant compared to the total amount.
Mr. Plummer: Fine.
Mr. Weisberg: As far as the operation of the park and the amphitheater,
there are additional sources of revenue, to the extent it is a seated, wooded
place, there will be rentals for the backs of the chairs; there will be fees
for professional photography and film shoots. Let me say this, Commissioner,
I'm being straight with you, I don't know the details of these sorts of
ventures, how they go about to do it, but I'm advised from the people who
reported to us that we can expect revenues from these sources. There will be
lease income from the piers for docking and from the marina. The marina may
be a source of large revenues, but ultimately, the feeling of the committee
was that we do not feel an obligation that this park make money.
Mr. Plummer: No, and neither do I. Put it on the record. I am not in any
way advocating this thing be for profit. No way. All I'm asking is to break
even. I'm asking whether it is you, a private developer, or whoever, give me
a guarantee that I will not have to put taxpayers dollars to subsidize. I
don't think your committee, as honorable as they are, want to place them-
selves in the position of anticipated revenues that might or might not be, to
say to the taxpayers of this community, "We're going to give you an
amphitheater, we're going to give you first class entertainment, and it's not
going to cost you anything."
Mr. Weisberg: As a matter of fact, the report actually addresses the fact
that at least for the first several years there may be a shortfall. We're
only here to make recommendations. Obviously, as far as that aspect of the
report you have your questions.
Mayor Suarez: At least from my perspective, don't feel constrained to try to
prove that this thing will be self-supporting in any way.
Mr. Weisberg: I don't intend to.
Mayor Suarez: I don't agree with the Commissioner. This is no different from
a Police Department's budget or the Fire Department's or the Parks Department
as a whole. We're not going to make it a self-sufficient park. God knows the
citizens have put enough money into this park and are putting quite a bit of
money into our budget by way of real estate taxes.
Mr. Dawkins: I was trying to wait. I move that this be continued. As it's
continued, I want these questions. Pass out these for me, please. When this
committee comes back and answers these questions for me, number one, how much
money has been spent on the development of Bayfront Park today. What can be
done with existing funding? What is not built if no new funding is made
available, number one. I'm going to give you a copy. Number two, why should
funds from Metro Dade acquisition of the F.E.C. property for the New Port
Bridge or any other funds forthcoming re the above be earmarked for the
Bayfront Park Redevelopment, rather than for other City parks of the general
fund? Number three, why should the citizenry of Miami vote to tax themselves
for the overdevelopment of Bayfront Park when the need in all City parks is
just as great or even greater? Number four, what is the City's agreement with
Rouse as to food concessions? Will food services recommended conflict with
Rouse's agreement? Number five, what professional advice or stets do we have
which shows a projected cost for the maintenance, like you said, J.L., of the
park program called security costs? I see projected costs of $750,000 to
$1,000,000; not the $250,000 projected by the group. Number six, what
expertise would be required to qualify a person for membership on a not -for -
profit board? Are you going to have people who can know about programing,
about managing, and about settlement or what? What sort of criteria are you
going to select people by? Number seven, why create a for -profit amphi-
theater to compete with Miami Knight Center and a new arena and the other
things that J.L. just said we are subsidizing, so now you are going to build
something to compete with these centers. I don't see what for, but you can
bring this back on July loth. Number eight, why must Mr. Noguchi design more
75 June 26, 1986
park if it's to cost more money? Number nine, why doesn't the City put out
one RFP for one concessiona.1re for the Grange Bowl, the arena, Lhe Knight
Center, and the Miami Stadium? I move for a continuance until I can get an
answer to these questions.
Mr. Plummer: Second.
Mayor Suarez: So moved and seconded.
Mrs. Kennedy: Let me address that issue one moment. Commissioner Dawkins,
for the past at least ten days, my assistants have been consistently trying to
get in touch with you to ask if you had any questions about this project. All
of these questions can be answered today. If you want it continued, let me
just ask you.
Mr. Dawkins: I move for a continuance.
Mrs. Kennedy: O.K., I understand. But let me just ask if we can approve this
in principle because if we want to go ahead with the September 2 ballot, we
really don't have a lot of time to waste.
Mr. Dawkins: I can't understand why you want to take a ballot to build more
park when the inner City parks are in shambles.
Mrs. Kennedy: Sir, because this is not....
Mr. Dawkins: Now, wait a minute! You see, you people don't give a damn about
nothing but downtown! Now you want to pass five million dollars to build a
beautiful park downtown and the inner City parks can't even be serviced.
You've got an unsafe pool at Range Park right now. You go to any inner City
pool that you can take this five million dollars and go in there and do
something with. But you all don't give a damn about the inner City. All you
all want to do is build a park downtown for White folks. O.K.? No! And when
you bring these questions back, I'm ready to sit down and negotiate the list.
Mayor Suarez: Let's see if we can try to resolve this. Is an essential
recommendation of this committee that we put on the ballot a bond issue for a
specific amount of money? Could we not accept some of your other
recommendations and still leave for consideration of this Commission....
Mr. Plummer: Yes, Mr. Mayor, we heard earlier from Commissioner Carollo, who
said he wanted to offer before this Commi::!.ion, and I would like to hear his
proposals of other sources that might not necessitate a bond. I'd love to
hear them.
Mayor Suarez: I share the concerns of the eight million dollars and yet I
also feel that we've got to move on the rest of the park and some of your
recommendations make eminently good sense to me.
Mr. Carollo: If I may, before I begin, I'd like to say for the record that I
have the outmost confidence on the honorable intentions of my colleague,
Commissioner Kennedy. I think the job that she has done, the leadership that
she has shown has been vital to this project. At the same time, I have the
equal confidence in my other colleague, Miller Dawkins. I think they are
both saying the same thing, it just maybe sounding different the way they're
saying it, because they're both going about it maybe in different ways, but
the bottom line, I think, is the same to both of them. I think we can reach
the goals that both of you have shared and talked about without having to go
to the taxpayers for additional taxes. I think this is the key to this. One
way I think that we can accomplish this without having to put a bond issue out
is going to be additional monies for the taxpayers, anyone that owns property
in the City, is by doing the following. John, can you come up here for a
minute, please? Give me the figures after I go through the scenario that I'm
going through now. One, I think that we can get additional revenues by
placing a bond issue on the projected monies that we'll be getting for the new
taxes on Bayside. I don't think it's going to be enough to cover the
shortfall that we have, but nevertheless we could play some bonds out that
would not cost the taxpayers any additional new monies on their property by
going that route. Maybe you can give me the figures what we project we will
get from our share of the taxes in a yearly basis and from then on. Secondly
of all, since that would not be enough to cover the monies that we need, we
should look at the possibility of placing a second bond out or maybe just one
76 June 26, 1986
based on this alone that will be paid out of the monies that we, the City,
will be deriving on a yearly basis from Bayside.
Mayor Suarez: What is the projected yearly revenue from sales tax?
Mr. Gilchrist: It's a very small amount, Mayor, the first year would be
$93,000.
Mayor Suarez: It eventually gets up to $300,000 or $400,000 a year.
Mr. Gilchrist: Yes, a long way down the line.
Mayor Suarez: Assuming that we have the projections of the traffic.
Mr. Gilchrist: Our percentage of the sales tax is very small.
Mr. Plummer: Mr. Mayor, let me just put on the record. That is a very
dangerous way of doing things. Yes, it's legal. You can do it now on
projections, but I would hope if we did go that route, that we would be very,
very conservative on our projections.
Mr. Carollo: Absolutely.
Mayor Suarez: I'm sorry, Commissioner, the market will be quite conservative
if they don't think that we're going to produce the income from the sales tax
on that, the bonds will not be able to be sold.
Mr. Plummer: But remember any deficit that does not come forth, has to be
made up by the City.
Mr. Carollo: The City would have to cover. Sure, but see, there's really no
risk involved, because right now the only thing we're looking at, the only
alternative is for the City to pay for it anyway. Even if let's say our
calculations are way off, which I don't think they could be that bad with the
professional people that we have here, the worst that could happen is that we
have to pay the shortfall anyway and right now the only thing that is really
being presented is the City's going to pay for it anyway. I don't think that
a bond issue is going to pass. I'll be honest with you, I personally am going
to vote against it. I think our taxes are high enough as they are. This is
why you're seeing in our neighborhoods scores of homes that are for sale.
Mr. Plummer: Do you want to go in a reverse? Let me tell you a proposition
that somebody gave to me. At this present time, take the amphitheater out of
the plan. Put just the amphitheater on a bond and let the people of this town
decide whether or not they want an amphitheater. If they do, they can pay for
it. That's in reverse.
Mr. Carollo: J.L., I tell you, I don't care what we place in as far as a bond
issue, it's going to fail. People are fed up, I'm fed up with all the high
taxes we have.
Mr. Plummer: So am I.
Mrs. Kennedy: Let me address that issue, if I may. Commissioner Carollo,
first of all, we cannot touch the Bayside money until year number nine. As
far as Commissioner Dawkins's concerns....
Mayor Suarez: I'm sorry, Commissioner, what Bayside money do you mean? You
don't mean the sales tax revenues generated?
Mr. Carollo: No.
Mayor Suarez: The contribution that they have to make to capital
improvements?
Mrs. Kennedy: Right, to capital improvements.
Mr. Carollo: Well, we're not talking to contributions to capital
improvements.
Mrs. Kennedy: What are you referring then to?
77 June 26, 1986
11 1
Mr. Carollo: We're talking about whatever fees we will be deriving.
Whatever percentage we will be deriving from the whole complex, not just
capital improvements.
Mayor Suarez: Our share of the sales tax. Are you talking about the rental?
Mrs. Kennedy: No, he's not talking about....
Mr. Plummer: Total revenues.
Mr. Carollo: Exactly, I'm talking about the rental fees.
Mayor Suarez: The minimum based rental... what is the minimum base rental on
the first couple of years, John?
Mr. Plummer: Three twenty-five.
Mr. Gilchrist: It's two years of three hundred twenty-five; four years of
$650,000 and then it becomes one million a year for forty years, and then it
kicks up to reflect the three previous years based on the net. Basically it's
a million dollars a year. What I think is being referred to is in order to
induce the developers here, the City committed to expend money for infra-
structures. Rouse requested four million of eight million that we agreed to
spend. What we have done is to use highway bonds, sewer bonds, and so on to
accomplish that with the intention of taking the first four million rental
income and returning those funds.
Mr. Plummer: Also remember the commitment to the State of Florida of a
portion of that money, which goes into a special fund for the purchase of the
Barnacle.
Mr. Dawkins: I commend....
Mr. Carollo: John, is it feasible....
Mayor Suarez: Wait a minute, Commissioner, Commissioner Dawkins was
interrupted. Go ahead, Commissioner.
Mr. Dawkins: Mr. Mayor, I commend Commissioner Kennedy and everyone of these
dedicated people in this committee. I'm not talking off the top of my head.
I read this complete document. No where in here are the questions that I
raised answered to my satisfaction. Here's one where we say here the City
should recommend a community group who need the ability to sell food and
beverages to some events in the park. Who's going to do it? I made notes of
everything in here that I've got questions. So I'm not asking for something I
don't know what I'm asking for. I'm saying that this is information that I
need that is not in here. That's the only reason that I asked for the
continuance. Like they say, for security, how do we know how many people
you're going to need to secure it. We're already talking about adding how
many policemen for Bayside?
Mr. Plummer: It's around 28 or 29.
Mrs. Kennedy: 28 to be exact.
Mr. Dawkins: And if we're talking about adding more police over here, you're
talking about 35 policemen.
Mr. Carollo: Let me tell you something. That's a heck of a big number of
extra police officers.
Mr. Plummer: You're talking about a million dollars a year.
Mr. Carollo: It should be more than enough as far as police officers there,
and I'm talking about around the clock protection. It's not that big of an
area, if you really come right down to it for that many police officers.
Mr. Plummer: Well, I think, Joe, and I'm not trying to defend anybody, but I
think the reason for that number was the projected number of people per day of
25,000. You're talking about one police officer per thousand. That's not a
lot of policemen.
78 June 26, 1986
1) 0
Mr. Carollo: I realize what you're saying, J.L., but at the same time, keep
this in mind, that it's going to be right next door to downtown, where during
those peak hours, we're going to have plenty of man power that if God forbid,
there were any kind of emergency, you'd have them right next door.
Mr. Plummer: I think they are possibly exploring having a park police just
for that purpose. I think that's what I heard.
Mayor Suarez: Let me just interject something here very quickly and see if we
can separate the issue. We've got the capital improvement aspect of all this,
how much it's going to cost to build the entire project. Then we've got how
do we operate and maintain the amphitheater. The recommendations on that
particular point on the amphitheater, obviously, want to be discussed a great
deal by Commissioner Plummer and his concerns and so on. If we may go back
just for a second to what it takes to build this park, because I've gone
through with you and the D.D.A. and everyone else to try to figure out where
it is that you need the additional money. I'm looking at the projections that
the committee has given us. I don't see the major shortfall, assuming that
this Commission is interested and willing to spend the monies that we're going
to get for the use of the F.E.C. property from the port in this park. What I
see is a shortfall that you have projected here based on five million dollars
from the port bridge, of $2.7 million. Actually, it's $5,500,000, so it might
be $2.2 million and in fact, Commissioner Kennedy in her letter states that
will be the shortfall and that we don't need to do anything on that for the
moment in any event. I also see here allocated in a budget a total of $2.4
million to the south end of the park. I propose to the Commission that we
hold off any discussion as to what takes place in the south end of the park,
which actually covers the shortfall, the $2.4 million that you're talking
about spending there. I'm not convinced that needs to be spent, to tell you
the truth. I have a feeling that we could probably exact some contribution
from the Intercontinental or otherwise take care of that. In fact, if nothing
else, I would just take the trees, place them where they're supposed to go,
and just resod that area.
Mr. Carollo: I think that Commissioner Kennedy, at the appropriate time,
could probably make public to this Commission, some of the talks that she's
had with the Intercontinental people, or should I say the Miami Center people,
which I'm sure, with her leadership, she's going to be able to get some
contributions from them.
Mrs. Kennedy: That is correct and also, Mr. Mayor, I share with you your
concern on housing and many of the social needs, but Miami will lose its
impact on a new Bayside and a new downtown if all we have on the south side is
grass. You know a park must be alive with people.
Mayor Suarez: But aside from that, your not recommending at this point, the
committee is not recommending any particular amount for the bond issue.
Mrs. Kennedy: No, not at all.
Mayor Suarez: If you leave south end out for a second, you don't have a
shortfall at all, as far as I can tell, assuming that the Commission wants to
spend the money that we will get from the bridge on this park, which is
another issue that this committee has to decide, but I'm trying to break this
down so we can decide something. Then we get into the issue of the operating
of the amphitheater and whether in fact, as Alan was telling us, it may or may
not cover itself from its own loses from the use of the facility. That is a
separate issue. I only propose to this Commission, because of the difficulty
that we have in getting a consensus in favor of putting a bond issue on the
ballot, that we consider the capital improvements first, and then how we're
going to maintain. We are committed to building that amphitheater in any
event. I can't imagine that we're going to go back on that, unless some
member of this Commission would propose that we're not going to build the
grassy amphitheater with benches. I mean, that's almost already under
construction.
Mr. Gilchrist: We're under construction on building the earth and berm and
sodded and grass finished. We're not under contract for the seating and the
stage and the equipment of the amphitheater. That's estimated to be $2.3
million.
79 June 26, 1986
Mayor Suarez: We could even take up that particular matter at a later point.
If we could just break down the elements of the recommendation. Is there any
Commissioner who has a problem with basically the capital improvements portion
of this? I mean, I'm not ready to approve the south end expenditure of $2.4
million. Without that, we don't have a shortfall.
Mr. Carollo: Mr. Mayor, I need to get some information from Mr. Gilchrist of
the statements that I made previously. John, let's say that what we do need
is between $2.2, $2.5 million and I think that might be accurate finally. Can
we float some bonds based upon the two ideas that I presented, one is the tax
and/or the rental that we will be getting on a yearly basis, to cover this
amount?
Mr. Gilchrist: I'd like to say something about the rental. We have,
committed to replace that $4 million that we've used, but that could be
replaced over time, so there could be a double flow from the rent. It
wouldn't have to be the first rental coming out, so that you could supplement,
or use it to under a bond issue.
Mr. Carollo: Based on your most conservative figures, let's say, how much of
a bond can we put out that could be covered just by our foreseeable tax
revenue from this project?
Mr. Gilchrist: What I would like to suggest is that somebody in more
authority than here could answer that, but if you look for $2.5 million, what
would be the annual debt service on the $2.5 million over a 20 year bond
issue. I wish Carlos Garcia or someone was here who would speak more
authoratitive.
Mr. Carollo: Can we have Carlos give us the numbers on that, please?
Mrs. Kennedy: While you do that, let me just address the Commission for a
second on the bond issue. The last time we had it, it failed by 1,400 votes
and never before had any member of this Commission taken an active role. I
have promised to go into every radio talk show that wants me, every place that
I can, and I will personally do nothing but lobby and work to get this passed.
I will have also vouched to raise money. We're going to come out and do a
great campaign that has never been done before.
Mr. Carollo: Rosario, let me say this, I won't object to placing this
particular question to a vote for the people. If the people want to vote for
it, so be it. I don't want to pay any more taxes, but I don't have any
problems in placing it on the ballot for the people of Miami to decide. I
think that with you championing it so much, I think it's going to be real
close, but I think it's still going to fail. Maybe I'm wrong, but if we're
able to get the two and a half million dollars that we need without placing it
on a bond, do you think that would be sufficient? In other words, we're
doing the same thing, the only thing is we're not placing it so that people
would have to pay additional monies on a yearly basis.
Mr. Gilchrist: Carlos Garcia is not back. My guess would be around $200,000
to $250,000 a year over twenty years to underpin the bond issue.
Mr. Carollo: John, I'm sorry, I can't hear you.
Mr. Gilchrist: I'm sorry, I'm out of my area, but I believe that you could do
it with $200,000 to $250,000 a year.
Mayor Suarez: Yes, use the factor of ten to get the total amount of bond
capacity. O.K., that would be as to the capital improvements. I have a
feeling we may be heading toward a consensus on that. No one seems to be too
excited to put on the ballot anything in excess of a particular figure; at
least from my perspective.
Mr. Plummer: Absolutely not.
Mayor Suarez: We still have to solve the problem of the amphitheater and how
it's going to be managed, used and what kinds of fees we can expect and
whether it goes out for bids or not.
Mr. Plummer: Mr. Mayor, I think we're looking at a three facet thing here
today. First of all, I think it's in order that the Commission accept the
80
report and thank the committee. I think that's one. I think, two, we're
looking at what is the bond factor, yes or no, and bond factor or no bond. I
think the third is the amphitheater. I think we have definitely got to
address the first two. I think we have to accept the report, thank the
committee, and then if possible, make a determination that we are or are not
going out to a bond, and if so, how much. I think the third phase is what
Commissioner Dawkins has recommended as to the operation, there needs to be
more discussion about that by the Commission itself and I think he's made a
legitimate request in writing that he wants to discuss it further and I think
that's his right. So I would say, if it is in order at this particular time,
I would like to make a motion that we accept the report and thank the
committee, if that's in order.
Mayor Suarez: So moved. I believe it is in order and Dan, or anyone else
from the committee wishes to express anything other than what we've heard?
Mr. Dan Paul: I would Just like to suggest that if you're going to defer it,
that you might also study as far as additional sources of revenue, I share
Commissioner Carollo's doubts about a general bond issue, but it seems to me
that considering the amount that you need, that the people that really ought
to pay for this are those whose property affronts the park. Not just the
Intercontinental, but everybody along the boulevard and including the Bayside
leasehold. I would suggest you ask the City Attorney to study the possibility
of a special assessment or a bond issue limited strictly to that area. The
people along the park have frankly not done their job. They have not
contributed to the redevelopment of Bayfront Park. We have nothing, for
example, from Southeast Bank in connection with the redevelopment of the park.
Mr. Carollo: Nothing?
Mr. Paul: Nothing, zero. My suggestion is when it came time to finance the
People Mover, we made the downtown business area that was going to benefit
primarily from the People Mover pay by virtue of a special tax. There are
some legal problems involved in what I'm talking about. It may have to be
done by a special assessment. We could easily pick up the shortfall for this
park and it wouldn't be too onerous a burden on any of those property owners,
but every single property along Biscayne Boulevard, from Bayside north. Mr.
Worth tells me he's perfectly willing to have it levied against his property,
to pay for....
Mr. Plummer: In the form of a loan.
Mr. Paul: No, not in the form of a loan.
Mr. Plummer: He's great on that loaning bit.
Mrs. Kennedy: He's standing at the back of the room.
Mr. Paul: I'm talking now about a bond. We need... maybe we won't even need
a bond issue. Maybe the tax, in view of the time that we don't need it until
April, maybe we could have a special assessment along those Bayfront
properties.
Mr. Plummer: But you know, Danny, excuse me, the City cannot create special
taxing districts.
Mr. Paul: No, you'd have to go through the Metro Commission in order to do
it.
Mr. Plummer: That's correct; and we declared war on them this morning and I
don't think they're going to be looking too favorably on us.
Mr. Paul: I wasn't here this morning, so I don't know what war you declared,
but it seems to me basically fair that the people who have business properties
along the fringes of the park ought to contribute something to the
redevelopment of this park. We have been very unsuccessful in getting those
businesses to contribute. They have not.
Mayor Suarez: How about the Rouse Company itself, if view of something I
heard that maybe the building was slightly higher than what it's supposed to
be?
81 June 26, 1986
1
Mr. Paul: I'm coming to that next. I think that in addition to the tax, that
we ought to get another substantial contribution from the Rouse Company. If
you look at the projections on their lease, you talk about a sweetheart deal,
they've got it already. All you have to do is compare it with Monty Trainer's
lease and you see what kind of return you really ought to be getting on that
property; you're not getting it. This is your chance to pick up that
additional revenue and to pick it up for a good purpose. The charter
amendment accepts of course City property and City tenants for the point of
view of the 50 foot setback and from the point of view of the view corridor,
but it was part of the RFP. It was part of the commitment of the Rouse
Company and it was made to the selection committee, because I sat on it, that
the 50 foot waterfront setback would be preserved and the view corridor would
be preserved. I haven't had a chance to go down and measure the view corridor
yet, because my tape measurer is not quite that long. But it was plenty long
enough to see that they were sitting in the 50 foot waterfront setback, which
had been pledged would be kept open by substantial amounts in the waterfront
setback and it's a serious... it's not just a question of money, it's a
serious violation, because the City has retained the marina. The baywalk runs
around the marina. Because of the height of the Rouse buildings, it's a
precipitous drop to the water there and you need the full width of the baywalk
at that particular location; not only from a safety point of view, but to give
the public adequate access and adequate space to go around in that particular
baywalk. I think it would be very appropriate for the City to ask the Rouse
Company, anybody else when they come before this Commission, and ask you to
invade the 50 foot waterfront setback, we always ask them to do something in
the public interest. So I was going to suggest, since you're deferring it,
that those two additional sources be studied to see if you can pick up a
little additional money. That's all I have to say.
Mr. Plummer: John Gilchrist says that your tape measurer has not been
calibrated.
Mr. Paul: John, in order to be sure there would be no argument about it, I
had Mr. Gilchrist go along with me along with a representative of the Rouse
Company yesterday, and Mr. Gilchrist held one end of the tape measurer and
the Rouse Company held the other end, so there's absolutely no dispute about
the measurements and I have them here to the half inch.
Mr. Plummer: Danny Paul was in the middle crimping it.
Mr. Howard Gary: From past experience, I can tell you....
Mr. Plummer: I know you, you're in the wrong seat.
Mr. Gary: This is a better seat here. Howard Gary, 3050 Biscayne Boulevard,
Miami. From past experience, we know my colleague Dan Paul is not good at
numbers. He's good at law. We may get him to handle the 50 foot setback
zoning ordinance. I would like to say that I would agree with what the
committee has recommended. I also like the proposal that Commissioner Carollo
has suggested, particularly as it relates to the financing shortfall, without
going to a bond issue. $2.5 million there are sources of revenue from the
Rouse project that probably could be used to finance that. I think the key
issue is first of all those things that are not raised by Commissioner
Dawkins and Commissioner Carollo that could be adopted immediately I would
suggest that we adopt those. Those things that have to be attended to, that
we attend to those and come back to the Commission, as Commissioner Dawkins
and Commissioner Carollo have suggested. I think the concern is, and I think
it is the concern of the City Commission, is that we understand the philosophy
of the City Commission as it relates to the development of the park, as it
relates to the Bayside project. I would just like to give you an example.
The first recommendation is to implement the Noguchi plan. I think that is
something that the City Commission could accept as a policy. The demolition
of the library, I think we could make a decision on that today.
Mrs. Kennedy: We did that already this morning.
Mr. Gary: In terms of allocating funds for the F.E.C. property, if that could
be done today in terms of meeting the shortfall. The bond issue, that in
itself has to be worked on and brought back in terms of not having to go out
for a bond issue. As a personal note, I would say that if you go out for bond
issue, I think it would be good for Bayfront Park, but I would have to support
doing it also in other parts of the City together. With regard to the food
82 June 26, 1986
ANN
and beverage, Commissioner Dawkins raised a question on that, that is
something that would not hamper us proceeding forward with our overall policy
plans in relations to the park, and we can come back later with a response to
Commissioner Dawkins suggestion. The UDP and the not for profit, I think
Commissioner Dawkins raised some questions, but I think the committee's
thought was that we wanted to demonstrate to the Commission and to the public
that this was going to be a park for everybody, and we want a not -for -profit
organization to be there for the mere fact that their overhead cost would not
be as exorbitant as that of a for -profit organization, even though they would
agree to a fee, a guaranteed fee to the City for the maintenance of the park
and they could also contribute to not -for -profit events. The fact of the
matter is that those paying events would have to be higher in order for them
to offset those other costs. In one regard you may be helping the citizens of
the community, but on the other hand, you may be precluding poor people from
being able to afford a ticket to go to a ticketed event.
Mr. Plummer: I disagree with you, my friend. The City normally on all
concessions gets approximately, as you are well aware, about 30 percent.
Mr. Gary: I don't know.
Mr. Plummer: What do you mean you don't know? You tried for thirty-five with
Robbie and lost. What I'm saying to you is, the City could take and put that
money into a dedicated fund. Whatever the City is concession rights, 28
percent, 30 percent, which is the normal; and we would put that into a fund
for the ONM of that which then would make it available to the others, no
additional cost to the person who is paying for a ticket. It's just the idea
that the revenue the City would normally get in return for the concession
rights would be put into a fund to make available for the other groups and
for the ONM. It makes such good sense to me.
Mr. Gary: And lastly, I would like to say that whatever the Commission
decides to do that action be taken on a timely basis that when we open up the
grand project that we also have a grand park next to it. Thank you.
Mr. Carollo: I can appreciate some of the statements that my colleagues have
made here today. I also agree that we should not spend more than we have to
in the park. At the same time, after we've gone through so much, after we've
spent so much in a park that's going to be the centerpiece for the City of
Miami and for all Dade County, I think it's a little absurd to, just before
you put the final touch, to not make it into the complete, beautiful plan that
we had, just so we can save a little bit here and a little bit there. It just
doesn't make sense to me. I mean if we've gone 95 percent of the way to get
there, we've gone through scores of public hearings, scores of Commission
debates, and we've been working on this for years now. Now at the last
second, just before the ninth inning is up, we're going to say, "No, we're
going to cut back here, we're going to cut back there," so we could save a
very small amount and have the complete project not look its best and not be
that world class park that we all want. I think that's a mistake. I think we
should make sure that whatever it takes is done for this park to be finished
as planned.
Mr. Dawkins: I think, Mr. Mayor and fellow Commissioners, the park is needed.
We've already got Bayside, which is supposed to have been the primadonna of
Biscayne Boulevard. I see no reason why out of all the money that we already
have for Bayfront Park, you cannot complete it with the money that you have
and take some more money. I will say it as long as I sit up here, and go into
the other parks in the City of Miami and make them where people are just as
proud of them as we are trying to be of Bayfront Park. It is at the stage now
where unemployment is rampant. People do not have money. It's going to be
difficult for neighborhood persons to catch a bus, a rapid transit, or
whatever to come down and use this beautiful park that you are so graciously
building to make Biscayne Boulevard pretty, when you could take a couple of
million dollars and make the park in the neighborhood where people could walk
from their homes to it. I say we do need the amphitheater, but it should be
the grassy area that's free, that people can come to and use it without a fee,
and those people who want to use something for profit, should go to those
areas where we make money off of when they go for profit, the Knight Center,
the arena, Gusman Hall. We do not have to, in my opinion, build something to
compete with the places that we have now that you can already stage for profit
affairs. I will vote to complete the park with the money that you have. I am
not in favor of spending one more penny other than what we have and take what
money you have and make the park as pretty as we can.
83 June 26, 1986
Mr. Carollo: I think that when you go to a friend's house, you go visit
relatives and acquaintances, the first thing you see of that house is the
living room. Usually the first thing that someone would fix up the nicest in
their home is their living room. Well, I submit to you that Bayfront Park is
our living room. It's the main thing that someone is going to see when they
come to the City of Miami. If the living room is supposed to be the area that
people pay the most attention to, it's not going to look its part, the part
that it should look for a world class major City like Miami is, then I think
we have a problem. I think it's going to reflect in many, many ways reflect
negatively on this City as a whole and this County as a whole.
Mr. Dawkins: I agree with Joe that the most precious thing in a home is the
living room, but I'm just as importantly worried about the kitchen. If I
don't have a refrigerator and some food in the kitchen, the living room isn't
any good at all. So therefore, let's keep the living room as pretty as you
want, but let's go to the kitchen and put something in the refrigerator.
Mayor Suarez: I just want to make sure the roof doesn't cave in, and
therefore, before you say anything, let me propose a- not a substitute motion,
but a modification of Commissioner Plummer's motion that would in fact adopt
the committee's report, would adopt every other recommendation contained in
the recommendations as summarized by Commissioner Kennedy, leaving out only
one element of the park, which is the south end improvement listed generally
as $2.4 million, and I'm not sure where that money is going to be used.
Mr. Plummer: That was not Commissioner Plummer's recommendation, Mr. Mayor.
Mayor Suarez: I'm proposing a modification.
Mr. Dawkins: Point of order. I made a motion....
Mayor Suarez: Let me finish.
Mr. Dawkins: ...that it be continued. It was seconded, so now what are you
going to do with that?
Mayor Suarez: We've got your motion. We're going to have to vote on the
substitute motion first, and then go back to your motion to continue. Now,
the rest of what I was going to say on my motion, is that by doing this, by
accepting the recommendations, we're also accepting in principle the
expenditure of the $5.5 million, should we obtain it from the Port Bridge, for
completion of the Noguchi design for the park. The only section of it that
I'm not at this point... I'm leaving out of my motion, is the south end. The
reason I do that, in addition to the fact that I'm doubtful whether we need to
spend that kind of money there, is that mathematically, that means we would
have to go for no bonds whatsoever with the amount of money that we would then
have available and we leave that particular discussion, in effect.
Commissioner Dawkins, accepting your concept of waiting off before we go off
proposing to the voters, something that three of us here have said probably
won't pass, because I don't think it will pass.
Mr. Dawkins: Madam City Attorney.
Mayor Suarez: That will be my modification of your motion. It's actually
quite an enlargement of your motion. Isn't it?
Mr. Plummer: Let me inform the new boy on the block.
Mrs. Kennedy: It gets better and better.
Mr. Plummer: You have never met Mr. Noguchi. Because I want to tell you- and
you tell me, Kitty Roedel, if I'm wrong- that you either accept his park or he
is going to walk. Am I right or wrong? Come on.
Mrs. Kennedy: Mas o menos.
Mr. Plummer: There ain't no mas o menos with the Japanese. Mr. Mayor, I'm
telling you, if you change one... Ralph Rennick had to go on bended knee with
a glass of Saki to get the statue of the Challenger put into the park. I'm
telling you that if you leave out a third of that park, you are going to
declare World War III. Excuse me, Kitty, don't you run off, damn it, you come
up here and stand on this microphone. You know that man better. The only one
other is the man standing back here. You tell me if I'm right or wrong. Come
on, guys, don't be bashful.
Mayor Suarez: The alternative, Commissioner Plummer, is to accept all the
recommendations in the hope, as expressed in this memorandum received today
from Commissioner Kennedy, that the additional shortfall of S2.2 million can
be made up for it. I'll be ready to vote for that too. As long as it doesn't
incorporate right now the approval of a bond issue to be put on the ballot for
any specific amount of money.
Mr. Dawkins: Point of information, Madam City Clerk, do you recall ever a
Commissioner requesting a continuance, other than Miller Dawkins, and it not
being granted?
Mrs. Dougherty: No, sir.
Mr. Dawkins: Thank you, go right ahead, sir.
Mayor Suarez: I don't want to argue with you, Commissioner, but every single
continuance that has been requested since I've been Mayor has been voted on
and we will take a vote on that.
Mr. Dawkins: I did not say they were voted or not voted on, sir. Did I ask
you if they had been voted on? Thank you.
Mr. Weisberg: If what you're suggesting is you just defer the issue of the
bond, then that would eliminate the recommendation number 4.
Mr. Plummer: We've got second reading, sir.
Mrs. Dougherty: The second reading of the bond issue ordinance is next
Commission meeting.
Mr. Plummer: No, no, there is no motion to accept the facts and figures. We
are accepting the report as completed and the Commission will further
deliberate.
Mrs. Kennedy: Well, I accept the adoption of the report, leaving the south
side of the park until the next Commission meeting, when we can further
discuss it.
Mr. Carollo: Let me say this. I'm not in favor of leaving the south side of
the park.
Mr. Plummer: Absolutely not! That has been my- I'm sorry, Joe.
Mrs. Kennedy: I agree!
Mr. Carollo: The first part of the park that most people will see is the
south side of the park.
Mr. Plummer: It's been my fear from day one.
Mrs. Kennedy: I know, and it is a part that will make Bayfront Park the
necessity that is a bond.
Mayor Suarez: O.K., why argue? I said I would accept leaving the south end
in, knowing that we don't have enough money until the Commission approves the
bond issue. Go ahead and make that in the form of a motion and let's vote on
that. The entire concept is accepted, but we're missing $2.2 million. As you
stated, we don't have to come up with the money until April. God knows what
will happen between now and April. Does that reflect a consensus?
Mr. Carollo: The only question is what kind of bond issue are we going to
take? Whether it be one that will be additional monies coming from the
taxpayers pockets or one as I described, that will not cost us any monies.
Mayor Suarez: Sure, an exacting additional amounts of money from Jim Dausch
and Company, that sounds like a great idea, Olympia and York, Bank of New
York, Southeast and everyone else concerned, that sounds like a fantastic way
to proceed. A dollars is not going to do it, but we'll take it.
85 June 26, 1986
n _..... .rt ,.w52". . t 9'�rt
Mr. Plummer: Yes, that's the dollar he pulled out lass. night to pay for my
drink when they were free.
Mr. Jim Dausch: Can I be heard?
Mayor Suarez: It's very dangerous. I think we're close to a consensus here.
Mr. Plummer: You just paid your dollar.
Mr. Dausch: That's right, I paid my dollar, I might as well take my time.
Let me just add my voice to congratulate Commissioner Kennedy and the
committee for a good job in a very short period of time. I think the
questions that Commissioner Dawkins and Commissioner Plummer have raised are
many of the questions that we had when we read the report, but I never
considered that all of those questions would be completely answered in a
period of time that the committee was given. While I think they ought to be
addressed, I think the general approach that the committee has taken is a good
one and it ought to be kind of a unifying element and a point of departure to
try to get some further exploration of costs and management structure, etc.
Because you're quite right, you got to know what the thing is going to cost
you to maintain. You got to have experienced people who are capable of
maintaining and promoting that thing or else it's going to fall on its face.
I endorse the committee's general approach to this. I think that however,
procedurally you choose to do it to answer the questions, those questions
need to be answered. The committee's first work now be further refined, but
I think it would be a mistake not to keep moving while you're trying to answer
the questions and it would be a mistake, although perhaps unavoidable if the
park were not completed according to Noguchi's plan, because it's a good plan
for Miami. With respect to our contribution, may I point out that you
already have a million dollars in the bank which we contributed to the park
last November and that the private investment of Bayside has been used to
leverage a $6,000,000 U.D.A.G. grant that's being used to build the park. In
fact, I would urge at those who want to extract more money from the Rouse
Company, to come up and match our contribution first before they ask for other
things.
Mayor Suarez: We'll measure the size of the building and see if it's in
violation of the....
Mr. Dausch: I think you ought to talk to your lawyers about that. Thank you,
sir.
Mayor Suarez: Commissioners, do you want to take a vote on the motion to
continue? It's been on the table. We have no second on the other motion, so.
Mrs. Kennedy: I'm ready to make a motion, I think.
Mayor Suarez: We have a motion to continue pending. Why don't we vote on
that.
Mr. Carollo: I would like Commissioner Kennedy, if she would, since she's
done more work in this aspect than most of us have and she's taken the
leadership of this committee, to make a substitute motion.
Mayor Suarez: We're going to need that with a second; otherwise, we're going
to have to go back and vote on the motion to continue.
Mrs, Kennedy: To adopt....
Mr. Carollo: Make a substitute motion that I will second.
Mrs. Kennedy: To adopt the report, as presented, with Commissioner Carollo's
revenue note bond.
Mr. Carollo: The difference is the revenued bond does not have to go to the
electorate for a vote.
Mrs. Kennedy: The anticipatory revenue bond.
Mr. Plummer: No, revenue bonds don't go to electorate.
Mr. Carollo: That's what I'm saying. It does not have to go to a vote.
:.
_. .......... ...� ,:.,.:. _. .,-�..+�75 , .� .c�''•ae� •gt e'er`- F � _-.. �, v."itin 14a.. l�r�.. Yc.. x }K � � �� . ...
Mayor Suarez: We don't at this point know exactly what revenue we are going
to be using, but the idea is that we would search around to come up with
bondable capacity of the deficit we have got here. Is that the motion?
Mr. Carollo: That is correct.
Mr. Dawkins: Who pays the debt service on the revenue bonds?
Mr. Plummer: The revenue.
Mr. Carollo: The revenue that we will be getting.
Mr. Dawkins: And if you don't get the revenue...
Mr. Carollo: The City will pay.
Mr. Dawkins: Then who is the City, the taxpayer?
Mayor Suarez: There is a way of making it so that the City is not secondarily
liable, is there not, Madam City Attorney?
Mr. Carollo: Well, there could be, but it would be more difficult.
Mayor Suarez: I know the tax increment revenue bonds are not. The City is not
secondarily liable. Is there any way to make a revenue bond so that the City
would not be liable in any event?
Mr. Plummer: Yes, if Dausch agrees to it.
Mrs. Dougherty: And most revenue bonds, the City isn't liable. The general
obligation...
Mayor Suarez: Very good. Not secondarily either?
Mrs. Dougherty: Not unless you pledge something.
Mayor Suarez: All right, that is the motion. We are not too sure how the
additional monies we would come up with them, but Commissioner Carollo has
given us some ideas, and we have a motion and a second. It is a substitute
motion to the motion to continue.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: Commissioner Plummer.
Mr. Plummer: I would like to try if it is possible, to respect my colleague,
Commissioner Dawkins request for a deferral, and if it comes to a vote, I will
back him on that, but I think that maybe there is an alternative. I think
what we are trying to do is beat a time gun for the ballot.
Mrs. Dougherty: Right.
Mr. Plummer: Now, what I would suggest that we agree today, and even though
Commissioner Dawkins might disagree on a set amount to be inserted in this,
even at a referendum, Joe, fully...
Mr. Carollo: $2,500,000 maximum.
Mr. Plummer: At a referendum, whatever it is, OK? whatever that number is.
On second reading, if it is the alternative of this Commission to go the
revenue bond route, you are not under the time gun.
Mr. Carollo: I think that what we have to do is rephrase it that we can go
either to the revenue bond, or a referendum, either one.
Mr. Plummer: Exactly! In other words, that we go to a bond issue, but no,
for the legal purposes, Joe, today we have got to set in motion on first
reading...
Mrs. Dougherty: Right.
Mr. Plummer:... that as if it were to be a referendum.
Mrs. Dougherty: No, we have already done that.
Mayor Suarez: Wait, I think we have done that already. It will come to a
second reading, in the first meeting in July. We have not filled in the
figure, we do not have to do that today...
Mrs. Dougherty: That is why you have a second reading coming up next
Commissioner meeting.
Mr. Plummer: Oh, I see.
Mayor Suarez:... and we can defer in effect to Commissioner Dawkins' concern,
because there will be a whole new argument on whether that figure should be
zero, or $2,500,000, or whatever.
Mr. Plummer: Or whether it be full faith, or revenue...
Mayor Suarez: Or $8,000,000.
Mr. Plummer:... or however.
Mrs. Kennedy: And then, let me add, Commissioner Dawkins, that believe me, we
have tried to reach you all these questions can be answered. We will do that
any time that you want... my staff, the committee, anybody.
Mr. Dawkins: One question. Can you answer this for me, and I'm voting with
you, and be finished with it. In the event that you come up with $2,500,000
revenue bonds for Bayside, do I get $2,500,000 for the inner -City and other
parks?
Mrs. Kennedy: Sir, I agree with you that all the parks need improvement...
Mr. Dawkins: No, Ma'am! Yes, or no?
Mrs. Kennedy: This is not an inner City park. This is the finest urban park
in America.
Mr. Dawkins: I did not... all I am asking, I asked one question of this
Commission. In the event that this Commission finds $2,500,000 of revenue
funding, to fund the Bayfront Park downtown, do you find S2,500,000 for me to
upgrade the rest of the parks in the City of Miami?
Mr. Plummer: Well, let me tell you how...
Mrs. Kennedy: Let me suggest...
Mr. Carollo: Can I answer that? That is a maybe. Let me tell you why.
There is no "yes" and "no" to that question. The difference is that the
$2,500.000 for revenue bonds is coming from monies that are being generated at
Bayfront Park. If we had other parks that are generating any kind of money
that we could sell revenue bonds based on the production of that, then I say
fine, let's go with it.
Mr. Dawkins: All right, I asked a question earlier. In the event that the
revenue does not come up, does the City bank it, I am going to sell admission
to every one of the inner City parks, OK?
Mayor Suarez: Well, wait a minute...
Mr. Dawkins: All of the money I don't make up, the City, I mean... all the
bonds that I can't pay off, we have got to pay it off. I mean, we are talking
about generating funds, I am going to generate all I can!
Mayor Suarez: Wait, Commissioner, I will make another commitment to you, as
my answer. If we have to go to revenue bonds to finance the rest of Bayfront
Park redevelopment, I will make a commitment to vote in favor of a $2,500,000
general obligation bond to improve the other City of Miami parks, and to go
and make sure that the voters approve it and I am sure we can get them
approved. In fact, I will make a much higher commitment.
88 June 26, 1986
Mr. Dawkins: No way, the voters aren't...
Mr. Carollo: No, no. You are talking about general obligation. That is more
taxes to the taxpayers. That's not what Commissioner Dawkins or I are talking
about.
Mayor Suarez: Yes, sir, OK, well otherwise we have to look for revenues
elsewhere.
Mr. Plummer: Are you going to tie the two together?
Mayor Suarez: In fact, I am going to make a much larger bond proposal at some
Point, general obligation, for facilities needed throughout our City.
Mr. Plummer; Mr. Mayor, I did that at the last meeting, and I asked the
Administration, politically, if you want this thing to pass, and it has got
any chance at all of passing, you have got to set down a designated amount of
money for Flagami Park, a designated amount of money for Moore Park, a
designated amount of money for Riverside Park...
Mr. Dawkins: Morningside...
Mr. Plummer:... and I am saying that if you take every park and you put in
that bond issue that if this issue passes, they will get $250,000 for
improvements in their park, $250,000, whatever the number is, I say the bond
issue will pass, but if you don't do it, I say I agree with Carollo, it will
diel
Mr. Carollo: I tell you that even if you do it that way, J.L., I believe it
would fail. People of Miami are taxed to death. We are paying higher taxes
than any other City in this County with the exception of the little island
that have one or two registered voters. People don't want to pay any more
taxes. I don't care what it is for, they are fed up with taxes. The only
area that we have been successful in the past in having people pay additional
tax monies for bonds, has been in police...
Mr. Plummer: and fire.
Mr. Carollo:... and fire. Those are the only areas.
Mr. Plummer: But let's remember the bottom line. The bottom line is, we are
correct not making that decision. We are offering to the public the right to
make that decision.
Mr. Carollo: We know that, J.L., but I am saying that it is going to fail.
Mr. Plummer: But in the event that they turn that down, you can then go and
explore the revenue bonds — big difference)
Mrs. Kennedy: But Madam City Attorney, didn't we pass on first reading...
Mr. Plummer: Yes, Ma'am.
Mrs. Kennedy: OK.
Mr. Plummer: The second reading is...
Mayor Suarez: Without putting a figure in there, because I wanted to know
what that figure is.
Mr. Plummer: No, we did. No, we...
Mrs. Kennedy: Up to $8,000,000.
Mr. Plummer: Not to exceed.
Mayor Suarez: No, no.
Mr. Plummer: With the full understanding that that was an outside number and
it would be reduced on second reading.
89 June 26, 1986
Mayor Suarez: It matters now because I specified clearly for my vote that
from my perspective, that I would not be willing to vote for a $8,000,000
bond.
Mr. Carollo: No, I think $2,500.000 would be sufficient.
Mayor Suarez: I am not even sure if I am going to vote for that. In any
event, that is not part of the motion, so...
Mr. Plummer: Mr. Mayor, you did vote for it, with the full understanding, as
all of us had...
Mayor Suarez: No, sir, I put in the record that I reserved the right to say
whether that figure was anywhere from zero to $8,000,000.
Mr. Plummer: You still reserve that right on second reading. That is the
way we worded it.
Mayor Suarez: Exactly, I reserve that right. Now, we have got a motion
pending. It excludes the consideration of what that bond issue will be,
unless you want it built in, what the bond issue will be, but I don't think we
have to do that, so why don't... is there any further discussion on that?
Let's take a vote otherwise.
Mr. Plummer: Read the motion back, please.
Mrs. Kennedy: To adopt the report?
Mr. Plummer: Read the motion back.
Mrs. Kennedy: To adopt the report and...
Mr. Plummer: I am asking the Clerk, as she has it recorded to read it back.
Mrs. Kennedy: Oh, OK, I am sorry.
Ms. Hirai: Accepting the report, adding Commissioner Carollo's revenue fund
alternative for funding the $2,500,000 we are missing.
Mr. Plummer: That was not the motion.
Mr. Carollo: That was not the last part.
Mayor Suarez: That is not really the way we phrased it.
Mr. Carollo: The last part opens it up also for a regular general obligation
bond.
Mayor Suarez: It accepts the report. It leaves out how we were going to fund
the last $2,500,000 of the shortfall as stated in the report and its
recommendations.
Mr. Carollo: Either through a revenue bond or a general obligation bond.
Mayor Suarez: Right, and the only two ways that we have got, unless somebody
gives us the money, are revenue bonds, or general obligation bonds, so we are
leaving those two alternatives as possibilities, and we adopt the report.
Mrs. Kennedy: Yes, of course. No, no, we adopt it.
Mayor Suarez: We don't just accept it, we adopt it. Thank you, Alan, that is
a good point.
Mrs. Kennedy: If we accept it, I have to visit Plummer professionally.
Mayor Suarez: And if we don't accept it, you are going to throw 21 pages plus
exhibits at us. Any further discussion?
Mr. Dawkins: At me first.
Mayor Suarez: At Dawkins first. Call the roll.
Pit,
June 26, 1986
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 86-517
A MOTION ADOPTING THE AD HOC COMMITTEE REPORT ON
BAYFRONT PARK DATED JUNE 26, 1986 AS PRESENTED TO THE
CITY COMMISSION ON THIS DATE; AND ACKNOWLEDGING THAT
EVEN THOUGH AN ESTIMATED $2.5 MILLION SHORTFALL
EXISTS, THE CITY COMMISSION WILL EXPLORE ALTERNATE
FUNDING STRATEGIES TO MEET SAID SHORTFALL INCLUDING
THE POSSIBILITY OF ISSUING CITY REVENUE BONDS.
Upon being seconded by Commissioner Carollo, the motion 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
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: I am voting "yes". and I reserve the right to vote "no" if at the
second reading you do not demonstrate to me that you have identified the
sources to pay off the revenue bonds.
45.A - RECONSIDER PLAT ACCEPTANCE OF VIZCATRAN GARDEN.
B - PLAT ACCEPTANCE OF VIZCATRAN GARDEN
Mr. Carollo: Can I take up PZ-8, bring it up to...
Mr. Dawkins: PZ-8 for reconsideration.
Mr. Carollo: Mr. Mayor, I would like to bring up PZ-8 for reconsideration of
this Commission.
Mr. Dawkins: Second. Second it.
Mayor Suarez: Moved for reconsider. Second. Any discussion from this
Commission on Commissioner Carollo's motion for reconsideration? Call the
roll on the motion for reconsideration.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-518
A MOTION TO RECONSIDER PLANNING AND ZONING AGENDA ITEM
8, NAMELY, PROPOSED RESOLUTION ACCEPTING PLAT ENTITLED
"VIZCATRAN GARDEN".
(Note: Immediately hereafter, the City Commission
proceeded to reconsider Planning and Zoning Agenda
Item 86-519, as presented in the agenda, accepting the
above -cited plat).
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario };ennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Carollo: Now, I would like to make a motion that we accept the plat as
described here in the petition.
Mr. Dawkins: Second.
Mayor Suarez: Moved and seconded. Any discussion from the Commission?
Hearing none, please call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-519
A RESOLUTION ACCEPTING THE PLAT ENTITLED VIZCATRAN
GARDEN, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY
CLERK TO EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez*
NOES: Commissioner J. L. Plummer, Jr.
ABSENT: None.
ON ROLL CALL:
*Mayor Suarez: I could vote "no" and really confuse everyone, but, yes, I
vote "yes".
Mr. Plummer: More so than already!
Mayor Suarez: Yes, I have been consistent on it. It is hard to swallow the
density on that particular project, but it is part of a three project deal.
46. BRIEF DISCUSSION OF STREET CLOSURE OF PORTION OF. N.W. 7 STREET BETWEEN
NORTH MIAMI AND N.W. 1 AVENUE FOR MIAMI ARENA (See label #48)
Mr. Sergio Rodriguez: PZ-10, 11 and 12.
Mayor Suarez: What is PZ-10?
Mr. Rodriguez: PZ-10, 11 and 12 are all related. They all relate to the
Miami Arena. PZ-10 and 11 will be presented by the Public Works Department
and it relates to a street closure, PZ-10, and PZ-11 is for the plat
acceptance.
92 June 26, 1986
Mayor Suarez: All these are recommended by staff and the Plat and Street
Committee.
Mr. Plummer: Mr. Mayor, I don't see... where is Roger Carlton? He came to
my office this morning, and he has some definite suggestions on these three
items, as it relates to Off -Street Parking and what should be incorporated
that is not presently there. I really don't know what he is talking about,
OK? He was saying something about that there is no provision in here for the
use of the properties on the right-of-ways for off street parking that is very
key, in his opinion to surface parking, which is very important to the sports
arena. Did Roger Carlton talk to you this morning?
Mr. Rodriguez: No. In relation to PZ-10 and PZ-11...
Mr. Plummer: For the record, Mr. Mayor, Mr. Carlton came to my office this
morning, and he indicated on these three items that there was an important
segment that had been left out or not considered, as it related to surface
parking. This is a transfer of one location to another, as I understand it.
Is that correct?
Mr. Odio: Yes ... We're ok.
Mr. Plummer: And as such, there was no provision to use the right-of-way
dedication for parking space, and he felt that that was a must, and had to be
included in this provision. Now, I told him to go see the Manager.
Mr. Odio: He did not.
Mr. Plummer: I would sure hate to move without him being here.
Mr. Rodriguez: May I suggest...
Mr. Plummer: Would you give me time to try to call his office?
Mr. Odio: Tell him to go back to putting
where they belong.
Mr. Plummer: No, he was concerned about the parking aspect of it.
Mr. Odio: Well, he should have brought it up before.
Mr. Plummer: Please, Mr. Mayor, I am not trying to hold anything up. The man
came to my office and made these comments, and I have to be honest with you
that I don't know what he was talking about. I told him I didn't know what he
was talking about, that he should go see the Manager.
Mayor Suarez: Would you like to postpone consideration of these items?
Mr. Plummer: Well, they are trying to find him on this.
Mayor Suarez: And try to move on to Miami Center Phase I, which is PZ-13?
Mr. Plummer: You can't do that until 5:00 p.m.
Mayor Suarez: No, that is 3:30 p.m.
Mr. Plummer: Let's do that and give them time to try to find him.
47. CONTINUE PROPOSED CONSIDERATION OF ISSUANCE OF AMENDED DEVELOPMENT ORDER
FOR MIAMI CENTER I.
Mayor Suarez: OK, we will take up PZ-13 until we get answers to certain
questions on the sports arena, which are items 10, 11 and 12.
Mr. Plummer: Where is Rick the Horrible? Oh, there he is.
Mayor Suarez: Why did I get word that the applicant wanted to ask for
deferral or continuance or withdrawal or...?
93 June 26, 1986
Mr. Plummer: You read it in the papor like I did.
Mayor Suarez: It is even sitting here on my agenda. It must of come out of
the agenda meeting.
Mr. Sergio Rodriguez: I didn't mention that the applicant is here. If that
were to be the case, maybe that should be brought up right now at the
beginning of the meeting, so we don't go with an unnecessary long meeting, and
we have a lot of people representing different interests on this project, so
it would save a lot of time for everybody.
Mayor Suarez: Counselor?
Mr. Ethan Minsky: Good afternoon, my name is Ethan Minsky, for the record. I
am an attorney with offices at 801 Brickell, Suite 1401, Miami, Florida. I
represent the applicant, Miami Center Joint Venture. We are here tonight,
hopefully, simply to request a deferral from the Commission on this item until
the Planning and Zoning agenda meeting in September. The grounds for this de-
ferral would be to allow us more time to become a little more involved in the
negotiations that Worth and Company has held with the City, and to try and
reach some sort of an agreement with the City on a development order with
conditions that would be satisfactory to all of us.
Mr. Dawkins: Is this...
Mr. Plummer: Excuse me, I am sorry. Who do you represent, sir?
Mr. Minsky: I represent Miami Center Joint Venture,which is the applicant
here.
Mayor Suarez: But, you don't represent Worth and Company?
Mr. Plummer: Miami...
Mr. Minsky: I do not represent Worth and Company, no sir.
Mayor Suarez: Does he concur in the petition for deferral?
Mr. Minsky: Yes, I believe he does.
Mayor Suarez: Well, can we get him? He was here just a few minutes ago
Mr. Minsky: He is here.
Mr. Rodriguez: If it will help you in understanding all the different actors
involved in this project, we have a transparency that shows who is involved in
what proportion of the project. If you look at the transparency, first, on
the project that is south of Chopin Plaza, Miami Center existing, which the
owner is the Bank of New York and the representative of that bank is Jeffrey
Bercow for Steel, Hector and Davis. As you go south, you look at the ...
Mayor Suarez: I am sorry, Jeffrey represents...
Mr. Rodriguez: Jeffrey Bercow represents Bank of New York, and he is from the
firm of Steel, Hector and Davis.
Mayor Suarez: Bank of New York owns what typically is referred to as the
Pavilion and the building adjoining that?
Mr. Rodriguez: Right, and the parking garage, the Ed Ball Building, which is
now called One Chopin Plaza... whatever, and the Intercontinental Hotel which
was before khe Pavilion. The subject property, the one that is just south of
that, which is called, is part of the Miami Center I application, but had been
called before the Biscayne Plaza until recently the name has changed to One
Dupont Plaza. The owner of that property is Miami Center Joint Venture, which
is composed of Ted Gould and Olympia York. That interest is represented by
Ethan Minsky from Gould and by the developer which is Russell Worth from
Worth and Company. If you go across the street, and you go to what is called
the Dupont Plaza area...
Mayor Suarez: Well, that is... wait, wait. Miami Center I is represented by
Mr. Minsky. Mr. Worth is a contracting party with Miami Center I, who is here
representing himself, I gather.
94 June 26, 1986
Mr. Minsky: That is correct. The Joint Venture owns the southern portion of
Tract We have no interest in the northern portion. Worth and Company
has a contract to purchase the southern portion. It has nothing to do with
the northern portion.
Mr. Plummer: Well, let me ask you a question, sir. If Mr. Worth, for
whatever reason does not exercise his option, who is the winner?
Mr. Minsky: Who is the winner?
Mr. Plummer: Yes.
Mr. Minsky: Hopefully the City of Miami and Mr. Worth.
Mr. Plummer: No, no. It would be Miami Center Joint Venture, is that
correct?
Mr. Minsky: Miami Center...
Mr. Plummer: Then you could out and negotiate with whoever you wanted.
Mr. Minsky: I would imagine that if Mr. Worth does not closed, and we have a
piece of land on our hands that we are trying to sell, we would continue to
attempt to sell it to some third party.
Mr. Plummer: But, you would have all of these approvals that he is seeking,
if he were to fall out and not be the developer.
Mr. Minsky: Those approvals...
Mr. Plummer: Then, Miami Joint Venture, the same people who we dealt with
before, would be the ones who would have the negotiating rights if Worth
doesn't exercise his option, for whatever reason.
Mr. Minsky: I don't know about the same people who you dealt with before. I
don't know who you dealt with before, but...
Mr. Plummer: I am just told that the partners of Miami Center Joint Venture
are Mr. Ted Could and Olympia York.
Mr. Minsky: Right, that is correct.
Mr. Plummer: And, as such, if for whatever reason, Mr. Worth did not exercise
his option of $1,000, then Miami Center Joint Venture would be able to
negotiate whatever he had done, and they would be the winners.
Mr. Minsky: The first... to be honest, I am not sure I am qualified to
respond to all of that, but I will certainly attempt to. First, I should say,
Worth and Company, which Mr. Russell Worth is the general partner of, does not
have an option on that land. It is a bona fide contract to purchase land. A
condition preceding to his purchase, to his obligation to purchase, is that
we obtain the development approval so that he can build the project he wants
to build on the land. He is not interested in purchasing it if he can't
build his project, so...
Mr. Plummer: Well, are you saying to me then, that we are really looking to
the wrong party for... why are we looking to Mr. Worth to make any
obligations, when we are dealing with Miami Joint Venture Center?
Mr. Minsky: Miami Center Joint Venture, as the owner of the property is the
applicant before you. We have in the past, and really, up until this week,
always looked to Worth and Company and Mr. Worth himself, to negotiate a deal
with the City for a development order that he could live with, since it is his
project that he wants to build. We feel...
Mr. Plummer: That is not my concern, Jeff. My concern is if for whatever
reason Mr. Worth falls out of the picture, I think we ought to be dealing with
you. You are the applicant, you are the owner, and I think the City ought to
be looking to you for the monies and the obligations and the commitments of
ten in number that the Department has said. Now, if you negotiate a deal with
Mr. Worth, that is fine, but I want to tell you in the final analysis, my vote
95 June 26, 1986
IN
is going to be looking to you, the applicant and the owner, and if you hands
with him, that is fine, or whoever you join hands with, but I am holding...
not you personally, of course, but your client, I am holding them personally
reasonable. I can't hold him responsible. There is no way I can do that.
He has no actual bona fide, as you are saying, contract.
Mr. Minsky: Well, he does have a bona fide contract.
Mr. Plummer: With you, not with mel
Mr. Minsky: Right. The essence of...
Mr. Plummer: OK, so the bottom line, and I am just putting it on the record -
the bottom line is that all of these obligations that are being demanded and
others that I will have... I am not looking to Mr. Worth. You are going to
sign on the dotted line.
Mr. Dawkins: And pay up front.
Mr. Plummer: And pay up... well of course, we will get into that later. No
tickee, no laundryl That is what I said before, OK?
Mr. Minsky: We do not dispute that, if the owner of the land, whoever that
might be, it could be Worth and Company, it could be...
Mr. Plummer: No, sir. No, sir, who is the owner of the land today when this
approval is being sought?
Mr. Minsky: A development order passes with the land. It is not a personal
obligation to the...
Mr. Plummer: Who is the owner of the land today?
Mr. Minsky: Miami Center Joint Venture.
Mr. Plummer: That is who I am looking to, and they are going to make the
guarantees to me.
Mr. Minsky: The essence of... the reason for a request for a deferral is
that Miami Center Joint Venture would like for... really, what amounts to for
the first time, to take more of an interest and a hand in negotiating a
development order with the City.
Mr. Dawkins: Mr. Rodriguez.
Mr. Rodriguez: Sir?
Mr. Dawkins: What is the frontage of that piece of property that they are
talking about developing?
Mr. Rodriguez: The total property is three acres. The frontage is...
Mr. Dawkins: What is the frontage on whatever the... curve, the road?
Mr. Plummer: Eighty-four feet.
Mr. Dawkins: That is what they can use, but it is 190 what feet? No, come
back down to the curve. All right, what is the frontage of that?
Mr. Russell Worth: Mr. Commissioner, the dimensions of the southern half of
block... my name is Russell Worth. I am managing partner of Worth and
Company. I am a resident of Miami. My residence is Suite 1204, 520 Brickell
Key Drive, Miami, Florida. We are the contract purchaser of the proposed
amended development order, and of the site with that development order, the
contract relationship is that Worth and Company is prepared to make a
$31,000,000 all cash purchase of that land, with an amended development order
in effect on the land for Worth's design. As to the specific dimensions, they
are 260 feet of frontage on Biscayne Boulevard.
Mr. Dawkins: Mr. Rodriguez, I need you to hear this, sir. Go right ahead, I
am sorry, Mr. Worth. Go ahead, sir.
96 June 26, 1986
Mr. Worth: And 860 feet...
Mr. Dawkins: No, no. Just give me the frontage on, what is that, Biscayne
Boulevard?
Mr. Worth: 260 feet, Mr. Commissioner.
Mr. Dawkins: 260 feet. How much of it must be dedicated for right-of-way, of
the 260 feet?
Mr. Worth: The area shown in white.
Mr. Dawkins: If you know it is 281 feet, I know you know how many feet you
have got to give me.
Mr. Rodriguez: I have been told by the Public Works Department that we
already have the dedication along Biscayne Boulevard.
Mr. Dawkins: OK, if you got the dedication, then what does that leave them to
work with? How many feet?
Mr. Rodriguez: The entrance to the site, which is the area that is south and
is shown engraved in the elevation, is 191 feet.
Mr. Dawkins: All right, 191 feet, and they can use 191? Now, none of that
has to be dedicated for the road.
Mr. Rodriguez: No.
Mr. Dawkins: OK, thank you.
Mr. Minsky: I believe that is correct, Commissioner Dawkins.
Mr. Dawkins: That is not correct.
Mr. Rodriguez: The amount that is fronting Biscayne Boulevard and goes all
the way to the river is 191 feet, OK?
Mr. Dawkins: All right, good..
Mr. Rodriguez: And the amount that is left, let me see if I can see it from
here - I am estimating it is about 100 feet, 90 feet to 100 feet.
Mr. Dawkins: All right, well let's take 90 feet. Now, that's the entrance
that we are going to have to use to enter and exit, 90 feet, and you are
talking in terms of building two towers, that in your estimation would
generate what kind of traffic?
Mr. Rodriguez: I wasn't going to make the presentation, so let me get back,
OK?
Mr. Dawkins: OK, no problem.
Mr. Rodriguez: We are expecting to have 2,500 in the peak hours, trips, at
that point.
Mr. Dawkins: In that point?
Mr. Rodriguez: In that point.
Mr. Dawkins: All right, now...
Mr. Minsky: That, just for clarification, is the Miami Center existing
property as well.
Mr. Dawkins: Now, look, I am talking to these people I pay. I mean, they pay
you, OK? Now, if we are talking about 2,500 cars and the bridge goes up -
Biscayne Boulevard Bridge, OK? I mean, 2nd Avenue bridge.
Mr. Odio: Brickell Avenue, Brickell.
_'a,nt
#�q F
L.:.
Mr. Dawkins: All right, Brickell Avenue bridge goes up, traffic is backed
up, the bridge goes down, it is 9:00 a.m. in the morning, peak hour.
Approximately how many cars would be coming down Brickell, off the bridge,
approximately?
Mrs. Kennedy: Are we... we are not deferring this item?
Mr. Minsky: We are requesting a deferral.
Mr. Dawkins: I am trying to kill it.
trying to get rid of it, periodl
Mrs. Kennedy: OK.
No, I am not trying to defer, I am
Mr. Rodriguez: I will say, Commissioner Dawkins, I don't want to mislead you,
because I don't have the answers. If you want that, we can go with a full
presentation.
Mr. Dawkins: No, no. All I am trying to get to is this.
Mr. Rodriguez: There are a lot of cars coming to the site.
Mr. Dawkins: My fellow Commissioners, and staff, all I am saying is, here is
a project that is going to impact on traffic, and the developer says he
cannot and will not under any circumstances contribute to those things that
you say that he must contribute to in order to alleviate the traffic. Is that
a correct statement?
Mr. Rodriguez: He is willing to contribute, but not in the way we believe.
He wants to loan money, and we want money to be given to pay for it, so that
is a big difference.
Mr. Dawkins: All right, I will ask it another way. Is he meeting the
requirements that you asking, sir?
Mr. Rodriguez: As far as we care concerned, no.
Mr. Dawkins: Well, all right, I mean, what he is willing to do is not
important. It is what you need. So now, as a professional, what are you
telling me?
Mr. Rodriguez: My recommendation is that you approve that it only if they
meet the requirements that we are recommending at this point, which is at
least...
Mr. Dawkins: And if they don't, what?
Mr. Rodriguez: You should deny it.
Mr. Dawkins: And if we deny it, the program is dead?
Mr. Rodriguez: Yes.
Mr. Dawkins: OK, I deny. I vote to deny, following the recommendation of
the professional staff that we pay.
Mayor Suarez: In effect, I guess it is a motion to deny the request to
defer. Is it a request to defer, or to continue? To defer? We have that
stated in the form of a motion now. Assuming we voted for that, would you
not want to hear whether they are willing to in fact, comply with the
requirements of the Department? It would seem to me that we have to give
them a full hearing before... see, we can grant the deferral without going
into the merits, but to deny it, we will then have to go into the merits of
the project, if that is what the Commission wishes to do today.
Mr. Plummer: What was the motion?
Mrs. Kennedy: To deny.
Mr. Plummer: To deny the application?
Mayor Suarez: To deny the request to defer.
Mr. Plummer: To defer, or deny tho application?
Mrs. Kennedy: To deny the application.
Mr. Dawkins: Deny the application.
Mayor Suarez: Well, deny the application, but they haven't had a chance to
tell us about the application, they have a right to do that, yet. They have
a right to have a hearing.
Mr. Plummer: Are you saying legally, we have to give them a hearing?
Mayor Suarez: For whatever it is worth, I hate to use the term...
Mr. Plummer: Wait a minute, now. I want to make sure we understand each
other, OK? I don't want to hear today from Mr. Worth.
Mayor Suarez: Well, he has got a right as a contracting party to be heard.
Mr. Plummer: No, sir. He has no standing before this Commission.
Mayor Suarez: We hear contracting parties all the time, Commissioner.
Mr. Plummer: Then, I will vote to deny.
Mayor Suarez: Well...
Mr. Plummer: Excuse me. Madam City Attorney...
Mr. Worth: If, if...
Mayor Suarez: If you talk, he is going to vote to deny, so I suggest you
don't talk, but, let's...
Mr. Plummer: Can I ask please, does Mr. Worth have any standing before this
Commission today? From what I am told, he has no contract, he has no
retention...
Mayor Suarez: He has a contract.
Mr. Plummer: Excuse me. Sir, would you repeat for the record, does Mr. Worth
have a contract signed, and an obligation delivered?
Mr. Minsky: He has a signed contract, and an obligation to delivery, which
are subject to certain conditions precedent... in other words, yes, he has a
signed contract.
Mr. Plummer: He has a binding contract for purchase?
Mr. Minsky: Binding according to its terms, yes, sir.
Mrs. Kennedy: For $1,000.
Mr. Dawkins: What are the terms, then? Let's find out what are the terms.
Let's find out what the terms are.
Mr. Minsky: Unfortunately, I am not the person who drafted that document.
Mr. Dawkins: Well, how the hell do you know if he is going make them, then?
How do you know he hasn't met them?
Mr. Minsky: I have read the document. I am not really prepared to...
Mr. Dawkins: Beg pardon?
Mr. Minsky: I said I have read the document.
Mr. Dawkins: Well, tell me some of the things you read.
Mr. Minsky: The major condition that Mr. Worth has placed is a condition on
his ability, or his obligation to close.
99 June 26, 1986
Mr. Dawkins: No, no, no, give me some
and Ted Gould has placed on Mr. Worth
him. That is what I am interested in.
of the obligations that Olympia York
to deliver before they will sell to
Mr. Minsky: The obligations are more appropriately placed on the joint
venture to deliver. We need to deliver the ability for Mr. Worth to build
this project. We need to deliver the development approvals and if we don't
deliver the development approvals, then he cannot purchase, or at least he is
released of his obligations to close the purchase.
Mr. Dawkins: So he has got a one... where is Joe? Joe is the one who said we
don't need no promoters. He has got $1,000, and he is going to put together a
deal to put up $400,000,000 deal together, and he has got $1,000 invested.
Mrs. Kennedy: Do you think we can get another $1,000 from you?
Mr. Dawkins: Where is Joe? Joe said we don't need promoters. What happened
to Joe? On Watson Island, he swore that we didn't need no more promoters.
Mrs. Kennedy: Let me just tell you where I stand. A long time before I came
to this Board, this City made a decision that this area was to be developed,
and I agree with that. I am in that business too. This property could
certainly be the focal point of downtown, but you know, and let me just say
also that this is probably very good for the City and for all of us, but your
unwillingness to work with us proves that you want it your way, or no way,
and I am really inclined at this point to vote, "no way". You know, all the
recommendations, I have here, there is an argument.
Mayor Suarez: Before you... let me just get to the other point that was being
made here. The consensus of this Commission — I will add myself to it now,
and it will be four of us out of four that are here, is that we are not going
to bend, certainly, on the requirement, the exaction of the $5,000,000
contribution... is it approximately $5,000,000?... that it be cash up front,
or something other than some loan that somehow you are expecting to get, or
make to the City of Miami. So, if you are not going to fulfill that, you
still can make your presentation, unless the Commission would see fit to allow
you to defer, which they don't seem to want to do. They want to apparently to
rule on the merits here, but you are going to lose on that particular point
and maybe all the other points being recommended by the Departments, so I am
just warning you on that particular point.
Mr. Plummer: Well, may I inquire of counsel? Sir, are you prepared to stand
here before this Commission today on behalf of your clients and make a
commitment of $5,700,000 for the bifurcated ramp, cash up front?
Mr. Minsky: No, sir. I am, however, prepared to say that my client wishes
the opportunity to negotiate this development order with the City of Miami,
which they have not done to date, which may give you what you want, and may
not, I don't really know, but that is why we are asking for the deferral, is
to give our client the opportunity to do what it seems you are all asking, you
would like to see.
Mr. Plummer: I thank you for being honest.
Mr. Minsky: You are welcome, sir.
Mayor Suarez: In view of that statement, does the Commission want to
reconsider the motion, or request to defer the item? They want to see if they
can comply with the requirements of our Planning Department, among others?
Mr. Dawkins: OK, no I am not, because I can't understand how this gentlemen
could be the attorney involved in the negotiations who has read everything
that comes forth, and he does not know today, if his client will meet those
requirements set up by this gentlemen, who has been negotiating with Mr.
Worth, which Mr. Worth has said he is not going to meet, so...
Mayor Suarez: He is saying that he is going to get more involved, he is
going to get more involved because he can see that we are about to reach an
impasse here, and he is asking for additional time.
Mr. Minsky: If I may, at this time, Commissioner Dawkins.
100 June 26, 1986
Mr. Dawkins: Go right ahead, sir.
Mr. Minsky: Our client has never really truly had the opportunity to answer
your question one way or the other. We have deferred to Worth and Company to
do the negotiating. What we are asking for now is the ability for us, the
joint venture, to come forward and negotiate with the City throughout the next
90 days. We will come back to you, if we have got an agreement with the
City, then we can have a project, and if we don't have an agreement with the
City, we have got nothing lost.
Mr. Dawkins: OK, I want you to know what my vote is, OK? I am going to stand
by the recommendations of the professionals over here. Now, if you come back
and you have met... because he has already told me he cannot be negotiated
down or up.
Mr. Plummer: What? Who said that?
Mr. Dawkins: He did. He said he can't go to...
Mr. Plummer: You didn't say you couldn't be negotiated up?
Mr. Rodriguez: No, no, what I said was...
Mr. Plummer: Ah, ha, ha!
Mr. Rodriguez: No, no, what I said was...
Mr. Plummer: Would you like to be six feet down, or four feet down?
Mr. Pierce: Down, Mr. Plummer, cool it, Mr. Plummer.
Mr. Plummer: You are dead, buddy!
Mr. Rodriguez: Coming from you, that is a threat!
Mr. Plummer: You damn right it is a threat, and I have been known to carry
them out! Ask all of them at Woodlawnl
Mr. Rodriguez: No, what I mentioned to Commissioner Dawkins was, that I felt
that we have already explored with the applicants, and the different
representatives of this project, as faras we could go in the recommendations
that we had, and that we felt that we have a fair recommendation at this
point.
Mr. Plummer: Well, let me tell you where I am. Everybody else...
Mr. Rodriguez: But, if the Commission were to instruct me to negotiate up, I
guess I will do it.
Mr. Plummer: Well, I am going to be almost like Dawkins, but I like to be a
little bit different. Here is the different part. I am going to vote for the
deferral, OK? I want to tell you that I am going to vote on it predicated
that you understand one thing, and understand it very clear! Those ten items
that were recommended by Sergio are minimum criteria. If you don't meet those
minimum criteria... excuse me, I can't do that either, because you goofed in
one of them.
Mr. Rodriguez: What did I do now?
Mr. Plummer: No, because you and I disagreed all the way to Tallahassee and
back on when does he make the payment of $5,700,000, and you say the second
phase, and I don't agree to that, so I can't... well, it still could be
minimum, OK? I want you to know there is one exception, OK? I said before, I
will say again, "no tickee, no laundry." I am talking about, before you get a
building permit, the $5,700,000 has got to be paid, but accepting the fact
that you fully understand where this vote is, I will vote for the deferment
with those ten provisions as minimum, that if you don't meet those ten
minimum requirements, you don't come back. Now, if you accept that, I will
vote for the deferral.
101 June 26, 1986
Mr. Minsky: Whether I can accept it or not isn't the question. The question
is whether I can understand it► I certainly understand that if we don't come
back and meet those ten minimum requirements... your vote will be "no", and
why should I bother?
Mr. Plummer: Don't come backl
Mr. Minsky:... your vote will be "no", and why should I bother?
Mr. Plummer: Exactly!
Mr. Minsky: I understand that.
Mr. Plummer: So, if you want to accept that as a minimum criteria, you have
the option not to come back.
Mr. Minsky: I understand that.
Mr. Rodriguez: If I may, to clarify for the record, the ten items that you
are referring to are the ones which are identified as substantive issues -
One Dupont Plaza, F/K/A/ Biscayne Plaza that refer to Exhibit "B", Condition
4, 5, 6, 17-b, 17-d, 17-e, 17-f, 17-g, 25-h, and 28.
Mr. Pierce: That is right.
Mayor Suarez: We have a motion, I guess. You have incorporated that into the
form of a motion, have you not?
Mr. Plummer: If you so wish. My motion, Rosario, is that the ten items put
forth by the Planning Department for the purposes of a deferment are now
established as minimum criteria; that if they do not come back, or do not wish
to meet that minimum criteria, that they don't come back. That is my motion.
Based on that, I would approve a deferment.
Mr. Dawkins: Second, and under discussion, also, Mr. Rodriguez, bring back,
or get to me any time, if this goes, any time within the 90 days of their
coming back.., done in house, we don't need a consultant; we don't need to
spend no money paying anybody.
Mr. Pierce: This is a continuance, J. L., technically continued and not
deferred.
Mr. Plummer: Technically, you are continued.
Mr. Dawkins: Because of how the traffic is going to ingress and egress
through that, and it is not 100 feet, it is 84 feet, and let me know how a
tower of that height, with that much traffic, is going to be able... you are
going to have to show me if they meet the other minimum requirements, how they
are going to get in and out of there.
Mrs. Kennedy: I don't have the list of the criteria, but let me just state
for the record, is $1,000,000 for Bayfront Park in there?
Mr. Rodriguez: It is one of them, yes, Ma'am.
Mrs. Kennedy: Thank you.
Mr. Plummer: What? That is one of the provisos.
Mrs. Kennedy: I just wanted to make sure.
Mr. Plummer: There is a motion and a second.
Mr. Plummer: Mr. Mayor, for the record, and legally, I understand that we
must schedule it for a date certain...
Mr. Pierce: September 26th.
Mr. Plummer: September 26, 1986, at 3:30 in the morning! (LAUGHTER)
Whatever time.
Mr. Rodriguez: 3:30 p.m.
102 June 26, 1986
■
k...
6)
Mr. Pierce: 3:30 p.m. in the afternoon.
Mr. Plummer: 2:30 in the afternoon.
Mr. Odio: 3:30 p.m.
Mr. Plummer: Excuse me? 3:30 p.m. in the afternoon. Wait a minute, they
wanted 90 days.
Mr. Pierce: That is 90 days.
Mr. Plummer: OK, yes, fine, because legally, we must give them a hearing
before we deny them.
Mr. Rodriguez: May I say something, though, Commissioner?
Mr. Plummer: Sir, I don't know if I want to hear from you or not.
Mr. Rodriguez: No, I want to put it on the record, because this is going to
be following July 1st, which is the new date of the legislation in the State.
This legislation requires us to have the applicant meet all of these minimum
conditions for infrastructure, otherwise, my recommendation has to be for
denials, so I want to put that on the record, as compared to the recommenda-
tion for approval that I have at this point, because at this point, until July
1st, the Department can recommend approval with some conditions. After July
1st, in the development order, we had to make sure that the applicant has
proffered the necessary improvements, otherwise, the Department had to
recommend something else.
Mr. Plummer: Well, excuse me, when did you have to start enforcing the
State? We can approve it, or disapprove it here. The State is the one who
will do the other.
Mr. Rodriguez: Well, we have to follow the requirements of the State law.
Mr. Plummer: Well, they are the ones asking to go beyond July 1. We are not
asking that, and they would have to live with it as long as they are aware of
it.
Mr. Minsky: If I may, just to set the Commission at rest. We understand the
statute that Mr. Rodriguez is referring to, and we are certainly willing,
assuming we can come to an agreement, and don't think we will be back if we
can't, to voluntarily proffer whatever the conditions might be that we had
agreed to, and I believe that would satisfy the requirements of the statute.
Mr. Plummer: So be it. Now let's see if we can get three votes.
Mr. Dawkins: So now, Commissioner Kennedy, we only got to find $1,500,000 for
the park.
Mr. Plummer: Let's see if we can get three votes.
Mayor Suarez: I am going to vote with the motion.
Mrs. Kennedy: The day is not over yet.
Mayor Suarez: I do want to say that as far as the exaction or contribution, I
am not necessarily going to agree in all respects with the recommendation, but
that it has to be cash, that it wouldn't be a loan. As to the timing and so
on, I'd still want to see what other alternatives are available too. These
projects that take such a long time to get going, but I can see waiting some
period of time, but never in ever event, having to pay it back. OK, any
further discussion from the Commission on the motion?
Mrs. Hirai: Mr. Mayor.
Mayor Suarez: Yes?
Mrs. Hirai: May we stipulate that this item is being continued, and not
deferred?
��Y.�y
nip y��'�2�itl"' "�nr.-�'•��S!`. �'4'" 'i�'n'vX ,. T .� _ . �... ,.. _ _ - - - _
nt,.nr Suarez: I thought "continued" was the word, but I...
Mr. Piu„mcr: Yes.
Mayor Suarez: Yes, thank you, Madam City Clerk. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-520
A MOTION CONTINUING PROPOSED CONSIDERATION OF ISSUANCE
OF AN AMENDED DEVELOPMENT ORDER FOR ONE DUPONT PLAZA
(BISCAYNE PLAZA) PORTION OF THE MIAMI CENTER I PROJECT
TO SEPTEMBER 25, 1986 AT 3:30 P.M., AT WHICH TIME THIS
ISSUE SHALL BE HEARD SUBJECT TO APPLICANT'S ACCEP-
TANCE OF TEN BASIC MINIMUM REQUIREMENTS (AS MORE FULLY
OUTLINED BY THE CITY'S PLANNING DEPARTMENT ON THIS
SAME DATE); FURTHER STATING THAT UNLESS APPLICANT IS
READY TO ACCEPT SAID ESTABLISHED MINIMUM CRITERIA,
APPLICANT WOULD NOT BE REQUIRED TO APPEAR BEFORE THE
CITY COMMISSION IN CONNECTION WITH THIS ISSUE.
Upon being seconded by Commissioner Dawkins, the motion 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
ABSTAINED: Commissioner Joe Carollo
NOES: None.
ABSENT: None.
Mr. Minsky: Thank you, ladies and gentlemen.
48. STREET CLOSURE OF PORTION OF N.W. 7 STREET BETWEEN NORTH MIAMI & N.W. 1
AVENUES FOR MIAMI ARENA.
Mr. Rodriguez: Could we start with item 10 and 11? 10 is street closure, 11
is a plat acceptance and then 12 is the one in which the wording could be
added which is the major use permits. Mr. Campbell ...
Mr. George Campbell: Yes, sir, this has been before the Zoning Board as a
public hearing, properly advertised and noticed and everything else. The
Zoning Board recommendation was for the street closure. The plat has been
prepared, I believe item 11 is the plat acceptance. They have fulfilled the
requirements of the Plat and Street Committee and of the Code regarding the
submission of the plat. This requires your approval of the street closure and
then the approval of the final plat.
Mr. Plummer: Well, let me put something on the record. and I don't want to
hold this thing up. All right? But maybe sometimes you have to use whatever
leverage you can find. And I'm going to go to another subject, not item 10,
11 and 12. My concern is it has been brought to my attention that the lease
between the City and the Sports Authority for this piece of land is proposed
for 99 years.
Mr. Odio: 52. They are proposing 99 and we are going to accept only 52.
Mr. Plummer: No, that's not what I heard. (INAUDIBLE COMMENT) All right,
now, answer me one other question. If you're telling me that's what you're
going to stand tight on ...
Mr. Odio: That's what I've going to,tell them that I have to do.
104 June 26, 1986
Mr. Plummer: Oh, that's fine, I accept thz.t.
Mayor Suarez: And the land will be in the name of the City of Miami. I just
remembered that, you told us that last time, would it not? It won't be any
ground lease or anything like that, it won't be in the name of the Sports
Authority it will be in the name of the City of Miami.
Mr. Odio: Yes, but it's not 99 it is 52. Yes.
Mr. Plummer: OK, the second point. Is there any provisions in that lease
between the City and the Sports Authority about them subleasing? In other
words, let's assume the worst scenario that they go broke. Can they
renegotiate that lease to someone else?
Mayor Suarez: That should trigger default and bring it back to us, does it
not?
Mr. Plummer: Well, not necessarily. The trigger to bring back to us ...
Mr. Odio: Let me say something, Commissioner, we will not authorize them to
give that property to anybody else, it would come back to the City of Miami.
Mayor Suarez: But he's saying do we have a guarantee of that.
Mr. Plummer: Is it written into the contract?
Mr. Odio: Sure.
Mr. Plummer: It will be.
Mr. Odio: And the other thing is the air rights, assuming that we're ...
Mr. Plummer: OK, and the air rights they do not own.
Mr. Odio: We own the air rights.
Mr. Plummer: We own the air rights, exactly.
Mr. Odio: Yes.
Mrs. Dougherty: Unless you negotiate it away.
Mr. Plummer: OK, if that is understood I move item 10.
Mr. Dawkins: Second, since nobody's here but us.
Mr. Plummer: And I'm holding Mr. Odio, I'm holding your feet to the fire
because you made promises in good faith and I hold you to that.
Mr. Odio: They are going to be in that contract or it won't be signed.
Mr. Plummer: OK.
Mayor Suarez: We're down to three people, if one doesn't move and the other
doesn't second ...
Mr. Plummer: I moved.
Mayor Suarez: No, he said he seconded because there is no one else anyhow,
Any further discussion from the Commission on item PZ-10? Call the roll.
105 June 26, 1986
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1
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-521
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF NORTHWEST SEVENTH STREET
EASTWARD OF THE EAST RIGHT-OF-WAY LINE OF NORTHWEST FIRST
AVENUE FOR A DISTANCE OF +534.91 FEET, AS INDICATED ON THE
PLAT OF "A. L. KNOWLTON MAP OF MIAMI", AS RECORDED IN PLAT
BOOK "B" AT PAGE 41 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, SUBJECT TO THE CONDITIONS ESTABLISHED BY THE PLAT
AND STREET COMMITTEE; AS A CONDITION OF APPROVAL OF
TENTATIVE PLAT f1280 - "MIAMI ARENA SUBDIVISION".
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSTAINING: Commissioner Rosario Kennedy
ABSENT: NONE.
49. PLAT ACCEPTANCE - MIAMI ARENA SUBDIVISION.
Mr. Plummer: I move PZ-11.
Mr. Carollo: Second.
Mayor Suarez: PZ-11, moved, seconded. Any discussion on PZ-11? Hearing
none, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-522
A RESOLUTION ACCEPTING THE PLAT ENTITLED MIAMI ARENA, A
SUBDIVISION IN THE CITY OF MIAMI; AND ACCEPTING THE
DEDICATIONS SHOWN ON SAID PLAT; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE
PLAT AND PROVIDING FOR THE RECORDATION OF SAID PLAT IN THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote-
106 June 26, 1986
•
W
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSTAINING: Commissioner Rosario Kennedy
ABSENT: NONE.
Mrs. Kennedy: ...this is an item that I abstain from.
Mayor Suarez: Let the record reflect an abstention on items PZ-10, 11 and 12,
I believe, for Commissioner Kennedy. Is that correct, Commissioner Kennedy,
10, 11 and 12? Anything related to the Sports Arena?
Mrs. Dougherty: She's leaving, she's not here.
Mayor Suarez: OK, she's out of the room, irrelevant.
Mr. Carollo: Well, if I may for the record, on the item having to do with
Miami Center, the Worth property, if I have to fill out a form I'd be more
than happy to, Madam Clerk. The reason I was not here is that even though I
don't think that I have a legal conflict of interest and probably that is what
the City Attorney would advise me, I wanted to abstain because I felt,
nevertheless, in my eyes, and the perception of the public it would be a
conflict of interest even though it might not legally be one if I would vote
on that item because I do the security for the Miami Center, not the Miami
Center that was being presented in that other part, but the Miami Center that
is built right now, and if I would have voted either way someone would have
yelled that I did it because I had the security there. That's why I
abstained.
Mayor Suarez: Let the record so -reflect. What do we have, a motion and a
second on item PZ-11, right? Please call the roll on PZ-11.
Mr. Plummer: That was on 12, wasn't it?
Mayor Suarez: Was it 12 or 11, Madam City Clerk?
Ms. Hirai: We already had 11, sir.
Mr. Plummer: 10, 11 and 12 and we're down to the 5 o'clock item only.
Mayor Suarez: Is that correct, did we vote on all 3 now?
Ms. Hirai: I took that roll call on 11.
Mr. Plummer: Have we done 10, 11 and 12?
Ms. Hirai: 10 and 11 I have, sir.
107 June 26, 1986
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50. ISSUANCE OF MAJOR USE SPECIAL PERMIT FOR MIAMI ARENA.
Mayor Suarez: OK, move 12 just to be sure.
Mr. Plummer: I move 12.
Mayor Suarez: Thank you. Do we have a second on item 12? Commissioner
Carollo, do you want to give us a second on item 12? We thought we had voted
on it, but just in case.
Mr. Carollo: Certainly.
Mayor Suarez: Moved and seconded, any further discussion? Call the roll on
item 12.
Mrs. Dougherty: Mr. Mayor, before you read item 12 I'd like to point out that
we have inserted as condition 13 the following and taking out the condition 13
that is there now: "...the major use special permit approved herein shall
take effect upon the City Manager's approval of the Miami Arena contract, no
building permits for the project shall be issued unless and until the major
use special permit becomes effective as herein provided. The permit is issued
subject to City Manager approval of the Miami Arena Contract between Dacoma
Venture and the Miami Sports and Exhibition Authority and execution of the
Miami Arena Contract by the Dacoma Venture and the Miami Sports and Exhibition
Authority. Issuance of this permit by the City Commission in and of itself
shall not be construed to afford or create any legal rights for Dacoma Venture
to the developer or the arena unless and until the City Manager approves the
Miami Arena contract and the contract is executed by Dacoma Venture and the
Miami Sports and Exhibition Authority and further that the City Planning
Department shall closely monitor adjacent land use activities including the
provisions of public and private parking facilities to assure that only
compatible uses are established in surrounding areas.
Mr. Plummer: That's pretty good for one breath.
Mayor Suarez: What does it mean? I'm sorry.
Mr. Plummer: That means if the City Manager doesn't approve the contract this
doesn't mean anything.
Mayor Suarez: It comes back one more time?
Mrs. Dougherty: It doesn't come back at all.
Mr. Plummer: No, it is over, dead, caput.
Mayor Suarez: I'm sorry, the City Manager retains the authority to approve
the contract is what you're saying.
Mrs. Dougherty: Right.
Mayor Suarez: Call the roll.
108 June 26, 1986
.lt s�
+rye
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-523
A RESOLUTION ISSUING A MAJOR USE SPECIAL PERMIT ATTACHED
AS EXHIBIT "A"; APPROVING WITH CONDITIONS, THE MIAMI ARENA
PROJECT LOCATED AT APPROXIMATELY 702-798 NORTH MIAMI
AVENUE, APPROXIMATELY 727-799 N.W. 1ST AVENUE,
APPROXIMATELY 2-98 N.W. 8TH STREET, AND APPROXIMATELY 16-
68 N.W. 7TH STREET (MORE PARTICULARLY DESCRIBED HEREIN AS
TRACTS A & B OF CITY OF MIAMI TENTATIVE PLAT #1280, DATED
APRIL 1986, REVISED APRIL 24, 1986); MAKING FINDINGS;
INCORPORATING A DEVELOPMENT IMPACT STUDY BY REFERENCE;
PROVIDING THAT THE MAJOR USE SPECIAL PERMIT SHALL BE
BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST, AND
DIRECTING THE CITY CLERK TO SEND COPIES OF THE HEREIN
RESOLUTION TO AFFECTED AGENCIES AND THE DEVELOPER.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSTAINING: Commissioner Rosario Kennedy
ABSENT: NONE.
WHEREUPON THE CITY COMMISSION WENT INTO A RECESS AT
4:40 P.M. AND RECONVENED AT 5:03 P.M., WITH ALL
MEMBERS OF THE CITY COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONERS CAROLLO AND KENNEDY.
51. FIRST READING ORDINANCE: ADOPT THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN.
Mr. Plummer: This is item 14 on the agenda. Item 14 is on first reading. Is
there anyone of the public that wishes to be heard on this item? For the last
and final time, is there anyone of the public who would like to be heard on
this item? Let the record reflect that no one came forth on first reading and
I so move item 14.
Mr. Dawkins: Second it.
Mayor Suarez: Moved and seconded, any further discussion from the Commission?
Do you have to read the ordinance? I believe you do, not the entire thing, of
course.
Mr. Plummer: Call the roll in a hurry.
Mayor Suarez: Call the roll.
109 June 26, 1986
n
AN ORDINANCE ENTITLED-
AN ORDINANCE ADOPTING THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN AND ADDENDUM, DATED SEPTEMBER, 1985,
WHICH REPLACES MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
1976-1986; PROVIDING PURPOSES; INCORPORATING THE
OFFICIAL GUIDE; AND CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor 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 Commission and
to the public.
Mayor Suarez: Am I going to get a summary of this before second reading?
Mr. Rodriguez: Any time, sir.
Mayor Suarez: A briefing at lunch?
Mr. Rodriguez: Sir, if you pay.
Mr. Plummer: You'll pay - believe me, I know.
52. CHARGE CHARTER REVIEW COMMITTEE TO STUDY CHANGES IN CITY GOVERNMENT
STRUCTURE.
Mr. Plummer: Mr. Mayor, since I wont see you until the loth, I want to wish
all of you a happy 4th and to remind you to celebrate the 4th with a fifth.
Mrs. Dougherty: Just one minute, please, fellows. On the Charter Amendments
that you've asked the committee to review, we have several resolutions for
you, and you have to make some decisions and we generally had a broad one the
last time, if you could just take a few minutes to consider the following:
The first resolution, the four year mayor term effective term beginning
November of 1987, is that what you want?
Mayor Suarez: Yes, that would be it, I suppose.
Mrs. Dougherty: OK. The second one to increase the compensation to be paid
by the Mayor and the City Commission including the Mayor who is a Commissioner
in Group I, this resolution contains a blank and we'd like, and that is
something for consideration of the committee. ...
Mr. Plummer: Wait, make the record clear as Bob did for me, and if Bob told
me wrong I want to know it. These are nothing more than to give the committee
the options to look at these different subjects.
Mayor Suarez: That's right, we don't endorse in any way any of these.
Mrs. Dougherty: That's right. The next one is to include a separate proposed
resolution increasing the Mayor's entertainment expenses.
Mayor Suarez: Who said that?
110 June 26, 1986
+ + —,^, { r ryiwgj R .a-s1�..3s Zyr#x' ..' y�t�'r' t c ���.' `�{'�r'�'•,t-•u•aj�' �`t
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Mr. Plummer: That's part of the Charter so that gives them a little latitude.
Mrs. Dougherty: The next one is the adoption of the Executive Mayor form of
government, also there is another resolution having an executive mayor form of
government with the four year term.
Mr. Plummer: I understand.
Mrs. Dougherty: And the next one is an increase in the number of members of
the Commission which is also going to be in consideration. So if you would
adopt them all as proposals to take to this Committee we would appreciate it.
Mayor Suarez: I frankly would not confuse the issue that is already more
confused than we meant it to be by including any Charter change provision
proposal, proposed amendment on expenses.
Mrs. Dougherty: Fine, we'll take it away.
Mayor Suarez: I would take that out. It is already, I didn't hear any
Commissioner propose that, so I would leave that out.
Mr. Plummer: You're speaking in reference to the Mayor?
Mayor Suarez: Yes.
Mr. Plummer: I move that all the rest of them be adopted to give the
committee the option to look in and to recommend the full spectrum.
Mr. Dawkins: Move.
Mayor Suarez: Seconded. These include everything that was mentioned at that
meeting, Commissioner. Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-524
A MOTION OF THE CITY COMMISSION CHARGING THE NEWLY
ESTABLISHED CHARTER REVIEW COMMITTEE WITH THE
RESPONSIBILITY OF REVIEWING, EVALUATING AND REPORTING ON
THE FOUR BELOW -CITED SPECIFIC SUBJECT AREAS OF INTEREST TO
THE CITY COMMISSION:
1. FOUR YEAR TERM FOR THE OFFICE OF MAYOR BEGINNING
NOVEMBER 1987;
2. INCREASED COMPENSATION FOR THE MAYOR AND MEMBERS OF
THE CITY COMMISSION;
3. ADOPTION OF EXECUTIVE MAYOR FORM OF GOVERNMENT;
4. INCREASING NUMBER OF MEMBERS OFF THE CITY COMMISSION;
FURTHER REQUESTING THE COMMITTEE TO BRING BACK TO THE CITY
COMMISSION THEIR RECOMMENDATIONS.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Rosario Kennedy
III June 26, 1986
53. INSTRUCT CITY ATTORNEY TO DRAFT DOCUMENT FOR CHARTER AMENDMENT
PROHIBITING THE SALE OR LEASE OF CITY -OWNED REAL PROPERTY UNLESS THERE
HAS BEEN 90 DAYS OF ADVERTISEMENT AND AT LEAST 3 PROPOSALS RECEIVED.
Mr. Carollo: I'd like to bring up the resolution to place the following on
the November ballot: "A resolution instructing the City Attorney to draft for
City Commission approval and for submission to the electorate at a Special
Election on November 4, 1986, a Charter Amendment prohibiting the City
Commission's favorable consideration of the sale or lease of City -owned real
property unless (a) there shall have been, 90 days prior to the date of such
consideration, an advertisement soliciting proposals for said sale or lease
published in a daily newspaper of general paid circulation in the City, said
advertisement to be no less than 1/4 page and the headline in the
advertisement to be in a type no smaller than 18 point and (b) there shall
have been at least 3 written proposals received from prospective purchasers or
lessees; however, if there are less than 3 such proposals received, and the
City Commission determines that the contemplated sale or lease will be in the
City's best interest, then, subject to the approval of the electorate at a
referendum, the sale or lease may be consummated; further rescinding, in its
entirety, Resolution No. 86-337, adopted May 7, 1986, which concerned this
subject." I move it.
Mr. Dawkins: I second.
Mr. Plummer: I'm going to go along with it on first reading. I want to
express though, that I want some more thinking to be generated. I'm
concerned, Joe, in that area if less than three. OK? If there is less than
three bidders on a given project ... I would hate to lose a project if, in
the wisdom of this Commission it was a good project.
Mr. Carollo: Well, we're not going to lose it, if it is a good project then
the people of Miami will vote for it.
Mr. Plummer: But if the interim period of waiting for a referendum were to be
two years, the option ...
Mr. Carollo: No.
Mr. Plummer: Well, the option is a Special Election at $88,000. See, I'm
just saying I'm voting with you today on first reading, I've got to think some
more about that less than three bidders.
Mayor Suarez: I have the same problem, I wonder if by making the condition
the fact that you have three bidders it means anything or adds any credence to
the value of the project, because a guy could go out and create some spin-
offs, some corporations that would participate in the bidding process to
satisfy that, and in any event I'm going to vote with it at this point.
Mrs. Kennedy: I'll go along on first reading.
Mayor Suarez: Call the roll.
112 June 26, 1986
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-525
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO DRAFT,
FOR CITY COMMISSION APPROVAL AND FOR SUBMISSION TO THE
ELECTORATE AT A SPECIAL ELECTION ON NOVEMBER 4, 1986,
A CHARTER AMENDMENT PROHIBITING THE CITY COMMISSION'S
FAVORABLE CONSIDERATION OF THE SALE OR LEASE OF CITY -
OWNED REAL PROPERTY UNLESS (a) THERE SHALL HAVE BEEN,
90 DAYS PRIOR TO THE DATE OF SUCH CONSIDERATION, AN
ADVERTISEMENT SOLICITING PROPOSALS FOR SAID SALE OR
LEASE PUBLISHED IN A DAILY NEWSPAPER OF GENERAL PAID
CIRCULATION IN THE CITY, SAID ADVERTISEMENT TO BE NO
LESS THAN 1/4 PAGE AND THE HEADLINE IN THE
ADVERTISEMENT TO BE IN A TYPE NO SMALLER THAN 18 POINT
AND (b) THERE SHALL HAVE BEEN AT LEAST 3 WRITTEN
PROPOSALS RECEIVED FROM PROSPECTIVE PURCHASERS OR
LESSEES; HOWEVER, IF THERE ARE LESS THAN 3 SUCH
PROPOSALS RECEIVED, AND THE CITY COMMISSION DETERMINES
THAT THE CONTEMPLATED SALE OR LEASE WILL BE IN THE
CITY'S BEST INTEREST, THEN, SUBJECT TO THE APPROVAL OF
THE ELECTORATE AT A REFERENDUM, THE SALE OR LEASE MAY
BE CONSUMMATED; FURTHER RESCINDING, IN ITS ENTIRETY,
RESOLUTION NO. 86-337, ADOPTED MAY 7. 1986, WHICH
CONCERNED THIS SUBJECT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 5:10 P.M.
Xavier L. Suarez
M A Y 0 R
ATTEST:
Natty Hirai OF
CITY CLERK 1
'fitWalter Foeman
G f
ASSISTANT CITY CLERK ,
•
' 1 NCORN ow%TED
18 J 96 �.
113 June 26, 1986
x._w .Ui,Atn.LEk '.
IVY OF IV63AMI
DOCUMENT
MEETING DATE
JUNE 26, 1986
INDEX m
DOCUMENT IDENTIFICATION
AUTHORIZE CITY MANAGER TO ENTER INTO A
COLLECTIVE BARGAINING AGREEMENT WITH THE
EMPLOYEE ORGANIZATION KNOWN AS THE SANITATION
EMPLOYEES ASSOCIATION (OCTOBER 1, 1985
THROUGH SEPTEMBER 30, 1987); ETC.....
OPEN BIDS FOR SALE OF $12,000,000. POLICE
HEADQUARTERS AND CRIME PREVENTION FACILITIES
BONDS $5,000,000. STORM SEWER IMPROVEMENT
BONDS $3,000,000. SANITARY SEWER SYSTEM
BONDS AND $2,000,000. STREET AND HIGHWAY
IMPROVEMENT BONDS OF THE CITY OF MIAMI.
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH AIDA LEVITAN AND ASSOCIATES TO
CONDUCT TOURS OF NATIONAL AND INTERNATIONAL
JOURNALISTS TO THE MIAMI AREA. FURTHER,
ALLOCATE $40,000. AND $10,000. OF WHICH
SUM BEING AUTHORIZED/APPROVED FOR SERVICES
OF CONNECTIONS UNLIMITED OF DADE COUNTY,
INC. A SUB -CONSULTANT.
AUTHORIZE CITY MANAGER TO ENTER INTO AND
AGREEMENT WITH COCONUT GROVE PLAYHOUSE,
INC. TO PROVIDE A LOAN ($200,000.) FOR
A 7 YEARS PERIOD TO MAINTAIN THE PLAYHOUSE
OPERATIONS.
ALLOCATE $25,000. IN SUPPORT OF THE CHRISTO
BY THE BAY PROJECT WHICH WILL SPONSOR A
FILM "ISLANDS" TO BE SHOWN AROUND THE WORLD.
AUTHORIZE/DIRECT THE CITY MANAGER TO HAVE
THE LIBRARY BUILDING IN BAYFROMT PARK DEMO-
LISHED IN THE MOST EXPEDITIONS MANNER POSSI-
BLE.
GRANT A PERMIT TO SELL BEER/WINE FOR ONE
DAY PERIOD IN CONNECTION WITH THE CITY'S
"FOURTH OF JULY" TO BE HELD JULY 4, 1986
IN HADLEY PARK.
A.n
86-493
86-495
: . • •
86-501.1
OCUMENTimi41tNDEX
CONTINUED
DOCUMENT IDENTIFICATION
GRANT TEMPORARY PERMIT BY THE REQUEST OF
THE COCONUT GROVE JAYCEES AND THE MIAMI
FOOTBALL CLUB TO SELL BEER/WINE ONE DAY
PERIOD IN CONNECTION WITH THE CITY "FOURTH
OF JULY" (JULY 4, 1986) IN VIRGINIA BEACH
PARK; ETC....
AUTHORIZE CITY MANAGER TO NEGOTIATE/EXECUTE
A LEASE AGREEMENT WITH DUPONT PLAZA CENTER
AT AN ANNUAL RENTAL OF $264,000.; ETC...
ACCEPT BID OF MARKS BROS ($116,400.00)
FOR DREDGING SLIP 3, OLD PORT OF,MIAMI.
INCREASE THE NUMBER OF MEMBERS TO SERVE
ON THE CHARTER ADVISORY COMMITTEE APPOINT:
FRANK ANGONES, ESQ., PETER BERNAL, CARLOS
McCRARY, ESQ., AND ALBERTO CARDENAS, ESQ....
AWARD CITICORP INVESTMENT BANK ($12,000,000.)
POLICE HEADQUARTERS AND CRIME PREVENTION,
$5,000,000. STORM SEWER BONDS, $3,000,000.
SEWER BONDS, AND $2,000,000. HIGHWAY BONDS.
ACCEPT BID OF AL MARTIN INDUSTRIES, INC.
($397,000.00) FOR THE ORANGE BOWL CONSTRUC-
TION.
INCREASE THE SALARY OF LUCIA A. DOUGHERTY
CITY ATTORNEY OF CITY OF MIAMI BY 10% EFFEC-
TIVE JUNE 26, 1986.
CLOSE/VACATE PINE HEIGHTS PARK, AND FURTHER
RELEASE/RELINQUISH ANY INTEREST IT MAY
HAVE IN PINE HEIGHTS PARK; ETC...
CLOSE/VACATE/ABANDON AND DISCONTINUE THE
PUBLIC USE OF N.W. 8 CT., N.W. 15 STREET.,
N.W. 16 TERRACE AND 2 ADJOINING ALLEYS;
ETC.....
ACCEPT PLAT OF "MEDICAL SUBDIVISION" N.W.
15 - 17 ST. AND N.W. 8 AVE. - 8 CT.
CLOSE, VACATE, ABANDON AND DISCONTINUE
THE PUBLIC USE OF NORTHEAST 66TH STREET
BETWEEN 4 CT. AND 5 AVE.
86-501.2
86-502
86-503
86-510
86-511
86-512
86-513
86-514
86-515
OCUMENT,INDEX
CONTINUED
DOCUMENT IDENTIFICATION
DESIGNATE CITY MANAGER CESAR ODIO, CITY
ATTORNEY LUCIA A. DOUGHERTY AND CITY COM-
MISSIONER J. L. PLUMMER AS REPRESENTATIVES
REGARDING CONDUCT CANVAS OF CITY ELECTIONS
IN SEPTEMBER AND NOVEMBER 1986.
ACCEPT THE PLAT ENTITLED VIZCATRAN GARDEN.
CLOSE/VACATE/ABANDON AND DISCONTINUE THE
PUBLIC USE OF NORTHWEST SEVENTH STREET EAST-
WARD OF THE EAST RIGHT - OF - WAY LINE OF
NORTHWEST FIRST AVENUE AS A CONDITION OF
APPROVAL OF TENTATIVE PLAT #1280 - "MIAMI
ARENA SUBDIVISION".
ACCEPT PLAT ENTITLED MIAMI ARENA.
ISSUANCE OF MAJOR USE SPECIAL PERMIT FOR
MIAMI ARENA (ATTACHED AS EXHIBIT "A"); ETC...
INSTRUCT CITY ATTORNEY TO DRAFT DOCUMENT
FOR CHARTER AMENDMENT PROHIBITING THE SALE
OR LEASE OF CITY - OWNED REAL PROPERTY UN-
LESS THERE HAS BEEN 90 DAYS OF ADVERTISEMENT
AND AT LEAST 3 PROPOSALS RECEIVED.
86-516
86-519
86-521
86-522
86-523
86-525