HomeMy WebLinkAboutCC 1986-01-23 Minutes4,
OF MIAM1
' COMMISSION
OF MEETING HEU ON JANUARY 23, 1986
(PLANNING & ZONING)
PREPARED sv THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
JANUARY 23, 1986
ITEM
SUBJECT
LEGISLATION
PACE
NO.
NO.
1
SALE OF BEER AT WINTER GAMES BY
R-86-35
1-2
RUNNERS INTERNATIONAL INC. AND
1/23/86
MIAMI RUGBY FOOTBALL CLUB.
2
EMERGENCY ORDINANCE: CREATING
ORDINANCE
2-5
DEPARTMENT OF DEVELOPMENT (SEE
10070
LABEL #27)
1/23/86
3
EMERGENCY ORDINANCE: CREATING DEPT.
ORDINANCE
6-7
OF INTERNAL AUDITS AND REVIEWS.
10071
1/23/86
4
SECOND READING ORD: INCREASE CLAIM
ORDINANCE
7-8
SETTLEMENT AUTHORITY OF CITY
10072
ATTORNEY FROM $4,500 TO $25,000.
1/23/86
5
SECOND READING ORD. PRC.IIBIT
ORDINANCE
8-9
AUTOMATIC TELEPHONE ALARM DIALING
10073
DEVICES .
1/23/66
6
SECOND READING ORO. ATLAS CHANGE AT
ORDINANCE
9-12
2601 S.W. 28 STREET FROM RS-2/2 TO
10074
CR-2/7 AND APPLYING THE SPI-3.
1/23/86
7
CONTINUATION OF FIRST READING ORD.
M-86-36
12-18
ATLAS CHANGE AT APPROXIMATELY 3900-
1/23/86
3998 WEST FLAGLER STREET FROM RG-
2/5 AND RS-2/2 TO CR-2/7
8
BRIEF DISCUSSION REGARDING THE
DISCUSSION
19-20
SUNSET COMMITTEE.
1/23/86
9
ALLOW ONE ADVERTISING SIGN
R-86-37
20-24
(BILLBOARD) AT 1350 N.W. 42 AVE.
1/23/86
10
SUPPORT ST. JOHNS COMMUNITY
M-86-38
24-30
DEVELOPMENT CORP. AND OTHER GROUPS
1/23/86
WHO CAN PUT TOGETHER A PACKAGE FOR
CONSTRUCTION OF LOW INCOME HOUSING.
11
FIRST READING ORDINANCE: CORRECTING
FIRST
30-31
SCRIVENER'S ERROR PER ORDINANCE
READING
9999 AND PER ORDINANCE 9998-
1!23/86
APPROXIMATELY 1501 S.W. 2 AVENUE.
12
BRIEF DISCUSSION AND TEMPORARY
DISCUSSION
31-32
DEFERRAL OF FIRST READING
1!23/86
ORDINANCE: ATLAS CHANGE AT
APPROXIMATELY 200-210 N.W. 20 ST.;
APPROXIMATELY 1920-2990 N.W. I
PLACE FROM CG-2/7 TO RG-2/5 (SEE
LABEL #14).
13
ALLOW DRIVE-IN FACILITY AT 1400
R-86-39
32-35
S.W. 8 STREET (MCDONALDS'5
1/23/86
RESTAURANT)
14
FIRST READING ORDINANCE: ATLAS
FIRST
35
CHANGE AT APPROXIMATELY 200-210
READING
N.W. 20 STREET APPROXIMATELY 1920-
1/23/86
1990 N.W. 1 PLACE FROM CC-2/7 TO RC;
2/5 (SEE LABEL P12).
15
ALLOW DRIVE-IN FACILITY AT 4000 W.
R-86-40
36-38
FLAGLER STREET (TRUST BANK).
1/23/86
16
PERMIT REDUCTION OF MINIMUM
R-86-41
38-39
RESERVOIR SPACES AT DRIVE-IN AT 400
1/23/86
W. FLAGLER STREET (TRUST BANK).
17
DEFER APPEAL OF OCCUPANCY OF ONE
M-86-42
39-44
PRIVATE PLEASURE CRAFT AS LIVING
1/23/86
QUARTERS AT 960 N.E. 78 STREET
BELLE MEADE)
18
ACCEPT PLAT: "AMERICAN DREAM".
R-86-43
44-45
1/23/86
19
RENAME BLUE LAGOON PARK TO "GENERAL
M-86-44
45-49
ANTONIO MACEO PARK."
1/23186
20
DIRECT CITY ATTORNEY TO TAKE ACTION
M-86-45
50-52
AGAINST VIOLATIONS INCURRED BY
1/23/86
NORTHWESTERN MEAT PACKING CO.
21
SECOND READING ORD.: LAW
ORDINANCE
53
ENFORCEMENT TRAINING TRUST FUND
10075
REGION 14 - F.Y. 85-86.
1/23/86
22
CHANGE NAME OF HUMAN RESOURCES
ORDINANCE
53-54
DEPT. TO PERSONNEL MANAGEMENT DEPT.
10076
I:
1/23/86
23
WITHDRAW FIRST READING ORD.
DISCUSSION
54-55
REGARDING COMPENSATION OF ZONING
1/23/86
AND PLANNING BOARD MEMBERS.
23.1
BRIEF COMMENTS REGARDING OLYMPIC
DISCUSSION
55
SAILING AT KENNEDY PARK (SEE LABEL
1/23/86
#28).
24
"JUST SAY 'NO' TO DRUGS PROGRAM" -
M-86-46
56
SYMBOLIC RED RIBBONS ON CITY
1/23/86
BUILDINGS AND VEHICLES ON MARCH 12,
1986.
25
BRIEF DISCUSSION ON COMMENTS MADE
DISCUSSION
57
BY POLICE CHIEF DICKSON REGARDING
1/23/86
CIVIL SERVICE AND LABOR UNION RULES
(SEE LABEL Il35).
26,A
CREATE 13 MEMBER CITYWIDE ADVISORY
R-86-47
57-65
BOARD FOR THE COMMUNITY DEVELOPMENT
1/23/86
BLOCK GRANT PROGRAM;
26.B
APPOINT INDIVIDUALS TO SAID BOARD.
R-86-48
57-65
1/23/86
27
DISCUSSION ON CREATION OF NEW
DISCUSSION
65-67
DEPARTMENTS OF DEVELOPMENT AND
1/23/86
INTERNAL AUDITS AND REVIEWS. (SEE
LABEL #2 AND IJ3)
28
AGREEMENT WITH TILE UNITED STATES
R-86-49
67-68
YACHT RAC LNG UNION FOR TEMPORARY
1/23/86
TRAINING SITE FOR OLYMPIC SAILING
TEAMS AT KENNEDY PARK (SFE LABEL
423.1)
29
DISCUSSION OF BILL OFFERED BY STATE
DISCUSSION
68-71
SENATOR GWEN MARGOLES REGARDING TAX
1/23/86
MILL.
30
APPROVE LEUKEMIA SOCIETY TO CONDUCT
R-86-50
72
CARNIVAL AT FLAGLER KENNEL CLUB.
1/23/86
31
SET PUBLIC HEARING FOR POSSIBLE
M-86-51
73-76
CREATION OF SEPARATE DEPARTMENT OF
1/23/86
BUILDING AND ZONING.
12.A
REFER CITY MANAGER TO STUDY
M-86-52
76-83
POSSIBILITY OF MAKING FILM FESTIVAL
1/23/86
AN OFFICIAL CITY OF MIAMI EVENT;
32.B
RELAX LIMITATIONS OF PYROTECHNIC
R-86-53
76-83
DISPLAYS (FIREWORKS) IN DOWNTOWN
1123/86
AND IR u, FILM FESTIVAL.
33
DEFER CONSIDERATION OF LEASE WITH
M-86-54
83-89
CASINO ESPANOL (VIRGINIIA KEY)
1/23/86
34
ALLOCATE $20,000 FOR EQUIPMENT FOR
R-86-55
90-92
SENIOR CITIZENS ALERT NETWORK
1/23/86
(S.C.A.N.)
35
BRIEF PISCUSSION REGARDING COMMENTS
DISCUSSION
92
MADE BY CHIEF OF POLICE DICKSON
1/23/86
REGARDING CIVIL, SERVICE AND LABOR
UNIONS RULES (SEE LABEL 1125).
36.A
DISCUSSION OF LOW INCOME HOUSING
M-86-56
93-125
OFF CLAUGHTON ISLAND; WAIVE
1/23/86
RESTRICTION FOR FORMER CITY
EMPLOYEE TO DO BUSINESS WITH CITY
WITHIN TWO YEARS FOLLOWING
TERMINATION.
36.B
SELECT EAST LITTLE HAVANA SITE FOR
M-86-57
93-125
CONSTRUCTION OF LOW/MODERATE
1/23/86
INCOME HOUSING OFF CLAUGHTON
ISLAND. (SEE LABELS 038 AND #43).
37
DISCUSSION REGARDING HANCOCK
DISCUSSION
125-128
ADVERTISING"S COMPLIANCE OR
1/23/86
NONCOMPLIANCE WITH BILLBOARD
ORDINANCE.
38
BRIEF COMMENTS OF LOW/MODERATE
DISCUSSION
128
INCOME HOUSING OFF CLAUGHTON ISLAND
1/23/86
(SEE LABELS #36, #43).
39
REFER TO MANAGER: MEMORABILIA FROM
DISCUSSION
128-131
PAN AMERICAN AIRWAYS FOR FUTURE
1/23/86
MUSEUM.
40.A
SELECTION OF NEWSPAPERS FOR CITY
R-86-58
132-138
ADS.
1/23/86
40.B
1985-'86 BUDGET FOR CITY ADS IN
M-86-59
132-138
NEWSPAPERS. (SEE LABEL #42)•
1/23/86
41
ENDORSE THE NATIONAL CONFERENCE OF
R-86-60
139-140
BLACK MAYORS TO COME TO MIAMI IN
1/23/86
1987.
42
REFER TO CITY MANAGER REOUEST FOR
DISCUSSION
140-141
CITY ADS FROM THE BLACK MIAMI
1123/86
WEEKLY. (SEE LABEL 840).
43
APPROVE THREE LOCA'F10NS FOR
LOW/MODERATE
M-8.5-61
14 1 -148
INCOME HOUSING
I/23/86
DEVELOPMENT OFF CLAUGHTON ISLAND
(SEE LABEL #36, //38).
44
DEFER, SEND BACK TO PLANNING
M-85-62
148-151
ADVISORY BOARD, AMENDMENT .. ":
1/23/86
PROPOSED FIRST READING ORDINANCE
AMENDING ARTICLE. 15, SPI SPECIAL
PUBLIC INTEREST DISTRICTS, SECTION
1520, SPI-2, ETC.
45
FIRST READING OR➢INANCE: AMEND
FIRST
152-157
ARTICLE 20, GENERAL AND
READING
SUPPLEMENTARY REGULATIONS; PARKING
1/23/86
OF RECREATIONAL EQUIPMENT IN
RESIDENTIAL DISTRICTS.
46
COMPREHENSIVE PLAN AMENDMENTS FOR
R-86-63
157-160
S.W. 27TH AVENUE.
1/23/86
47
MIAMI COMPREHENSIVE NEIGHBORHOOD
R-86-64
161
PLAN.
1/23/86
48
WITHDRAWL OF PROPOSED FIRST READING
DISCUSSION
162
ORDINANCE; ATLAS CHANCE OF APPROX.
1/23/86
4000-5299 N.W. 17 AVENUE FROM CG-
1/7 TO CR-2/7.
49
DEFERRAL OR APPEAL REGARDING
DISCUSSION
162-168
VARIANCE AND SPECIAL EXCEPTION
1/23/86
GRANTED FOR 3195 GRAND AVENUE,
50.A
SELECTION SPARBER, SHEVIN, SHAPO,
M-86-65
169-174
HEILBRONNER (ALSO ARTHUR TEELE AND
1/23/86
PEDRO ROIG) AS LOBBYISTS.
51
REAPPOINT GERALD SILVERMAN TO CIVIL
R-86-68
175-176
SERVICE BOARD.
1/23/86
52
READVERTISE FOR VACANCIES IN ZONING
M-86-69
177-178
BOARD.
1/23/86
53
APPOINT RAYMOND ASMAR AND ELADIO
R-86-70
178-179
ARMESTO TO PLANNING ADVISORY BOARD;
1/23/86
READVERTISE FOR VACANCY PENDING.
54
ACCEPT FEDERAL HISTORIC
R-86-71
179-180
PRESERVATION GRANT $15, 000 FROM
1/23/86
STATE.
55
ACQUISITION OF 6 PARCELS IN BLOCKS
R-86-72
180
44 AND 57 OF SOUTHEAST
1/23/86
OVERTOWN/PARK.WEST PROJECT AREA.
56
DISCUSSION OF LABOR NEGOTIATIONS.
DISCUSSION
180-182
1/23/86
MIKC TF.S OF REGULAR MEETING OF 'rH is
CITY CO"IN119SpON OF MIlt^f1, FLORIDA
Cn the 23rd day of January, 1986, the City Commission of Miami, Florida,
met at its regular meeting place in the City Ho 11, 3500 Pan American Drive,
Miami, Florida in regular session.
` The meeting was called to order at 9:% o'clock A.M. by Mayor Y.avi,r
Suarez with the following members of the Commission found to be present:
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
ABSENT: Commissioner Joe Carollo
lice -Mayor Miller J. Dewkins
ALSO PRESENT:
Cesar Odic, City Manager
Lucia Allen Dougherty, City Attorney
Ma"
y Hirai, City Clerk
Walter Foeman, Assistant City Clerk
An invocation was delivered by Mayor Xavier Suarez who then led those
present in a pledge of allegiance to the flag.
I. SALE OF BEER AT WINTER GAMES BY RUNNERS INTERNATIONAL INC. AND MIAMI
RUGBY FOOTBALL CLUB
Mayor Suarez: Is there any item we could take up before 9:15?
Mr. Plummer. Mr. Mayor I have here a request because of time that is sched-
uled for February in reference to the City sponsored program of the Winter
Games request selling of beer on February 1st and 9th and February 8th during
! these games, which of course, you might recall the City"s revenues were
returned or return of money is based on concessions. I would so move that
..... this item be granted.
Mayor Suarez: We have a motion. Do we have a second?
Mrs. Kennedy: Second.
! Mayor Suarez: Thank you, Commissioner!
Mrs. Kennedy: I thought everybody else was here.
Mayor Suarez: Any discussion from the Commission on this item? Hearing none,
let's please Call the roll.
I January 23, 1996
f;
1,.
�;. Tha following resolution was incroduead by Commissioner Plummar, who
moved its adoption:
RESOLUTION N0. 86-5
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A 'TEMPORARY
PERMIT BY THE FLORIDA DEPARTMENT OF BUSL'(FSS REGCLATLON,
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, THE REIjEESTS
OF RUNNERS INTERNATIONAL, I1:C. AND MI.VIJ RUGBY FOOTBALL.
CLUB, INC. TO SELL BEER FOR THREE (3) SEPARATE ONE DAY
PERIODS IN CONNECTION WITH THE. MIAMI WINTER GAMES AS
PERIODS IN CONNECTION WITH THE MI A;II WINTER GAMES AS
FOLL06'S: RUNNERS INTERNATIONAL, INC.. ON FEBRUARY 1 AND 9,
1986 ON THE FLORIDA EAST COAST RAILWAY PROPERTY, ANT
MIAMI RUGBY FOOTPALL CLUB, INC. ON FEBRU'ARY 8, 1986 AT
GRAPELAND PARK; SUBJECT TO THE ISSUANCE OF ALL PERMITS
REQUIRED BY LAW.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
NOTE FOR THE RECORD: Vice Mayor Miller J. Dawkins entered the meeting at 9:07
2. EMERGENCY ORD: CREATING DEPT. OF DEVELOPMENT (see label #27)
Mr. Odic: Mr. Mayor, you could take from 33 to 45.
Mayor Suarez: Thank you, that is what I was hoping.
Mr. Odio: You need four -fifths on 33.
Mayor Suarez: We have some questions on it, maybe, until we get a fourth
COmmISSlnnee. Are you proposing in addition to the Creation Of this depart-
ment that we adopt, or accept, or act upon a study proposed of general obliga-
tioa bond issue for citywide economic development?
Mr. Odic: No,
Mayor Suarez: Because that was part of the package that I received. Very
interesting study, by the way.
Mr. Odic: But that is not part of the creation of the department. That would
come later.
Mayor Suarez: What are you going to be doing with that study? I know that
the amount involved is spectacular and very impressive. I"m hoping that
someday we can do that.
Mr. Odio: That is a projection of what we intend to do.
Mayor Suarez: It's a fifty million dollar bond issue.
Mr. Odic: What we intend to do, but it's not for consideration now.
2 January 23, 1986
Mr. Plummer: Excuse me, what item are we on?
Mr. Odio: Item 33, sir.
Mayor Suarez; That study is not before us, it was just included In the
package to keep us advised?
Mr. Odic: No, rt is not before you. The study is not in front of you, Sir.
It's only the consolidation of these departments into one.
INAUDIBLE BACKCROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: Mr. Mayor, if all questions are finished, I'll move item 33 at
any time that it is ready.
Mr. Dawkins: Second.
Mayor Suarez: It's been moved and seconded. I found my copy here with all
the marks on it. If we vote on this, in view of the fact that in the package
was a 25-page study by an entity named Development Strategies, Inc.
Mr. Odio: Yes.
Mayor Suarez: Is there any implication that we like the idea, we don't like
the idea of the bond issue? Can we give you any further direction on that
today? Is that...?
Mr. Odin: I don't think it's... once a department is approved, these are some
guidelines of what we intend to do. But it's not in front of you for your
approval now.
Mayor Suarez: The report that came with item 33 was quite interesting, a
Concentrated Action Program (C.A.P.); everything has an acronym. It's getting
to be like the 'U.S. Army here. Economic Development Management System done by
Development Strategies Partnership Inc. Who are those people? Who are the
principals, Herb?
.. Mr. Beth Bailey: Development Strategies Inc. represent two consultants. One
is Phil Hammer who is the founder of Hammerside Georgia, a major national
consultant firm that does a let of work for the City and the County. The
other partner is Ben Golstein, who was the first director of S.B.A. for
minority businesses and president of Urban Development Services, who collabo-
rated with us in putting together the kind of language that we felt that the
Commission should understand as to how the department will work when it is
approved. So that is Development Partnership. What you have in front of you
is really a set of guidelines to give you some idea of what we intend to do
within that department.
Mr. Plummer: If approved by this Commission.
Mr. Bailey: If approved by the Commission, yes.
Mr. Dawkins: Llhat is the cost of that contract with them?
Mr. Bailey: $4,500 contract, sir, and there was really an extra set of hands
that just helped us write what we wanted to do and a combination of staff and
them that put together the proposal.
Mayor Suarez: There is an interesting quote on page four where it says that
"evaluating past programs," it says, "programs will not be realized because of
a continued absence of a clearly defined organized, centralized, and profes-
sional economic development management system to get the job done." They have
not, in this report, in any way proposed a clearly defined, organized, cen-
tralized professional economic development management system. They have
talked about the need for one.
Mr. Bailey: If you sort of look through it, Mr. Mayor, you will find that....
.__.. Mayor Suarez: I have.
3 January 23, 1986
AN ORDINANCE ENTITLED -
AN 1H16RGENCY ORDINANCE CREATING A NEW DEPART'ENT TO BF
KNOWN AS THE: DEPARTMENT OF DEVELOPMENT AND SAID
ORDINANCE CONSOLIDATING THIS FUNCTIONS OF Till:FOLLOW-
ING: THE DEPARTMENT OF ECONOMIC DFVELOPMENT, THE
DEPARTMENT OF INTERNATIONAL TRADF, PROMOTin%, Till'
SOUTHEAST OVF.RTo'WN/PARK WEST PROJECT OFFICE, AND THF:
OFFICE OF CAPITAL IM PROC EMENTS; PRESCRIBING THE
RE S PONSI13ILITIE S, FUNCTIONS, AND DUTIES OF THE NEWLY
CREATED DEPARTMENT; FURTHER PROVIDINC FOR THE TRANSFER
OF FUNDS, PERSONNEL, RECORDS, AND EQUIPMENT CURRENTLY
BUDGETED IN THE FY Il85-P6 BUDGET OF THE: DEPARTMENT OF
ECONOMIC DEVELOPMENT, THE DEPARTMENT OF INTERNATIONAL
TRADE PROMOTION, THE SOUTHEAST OVERTOWN/PARK NEST
PROJECT OFFICE, AND THE OFFICE OF CAPITAL IMPROVE-
MENTS; REPEALING SECTIONS 2-171, 2-172 THROUGH 174, 2-
181 THROUGH 184, AND 2-185 OF THE CODE OF THE CITY OF
PIl AMl, FLORIDA, AS AMENDED, IN THEIR ENTIRETY AND BY
ADDING NEW CODE SECTIONS 2-206 THROUGH 2-210; CON-
TAINING A REPEALER PROVISION AND A SF_VERABTLITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins, for adontion as an emergency measure and dispensing with the require-
ment of reading same on two separete days, which was agreed to by the follow-
ing vote -
AYES: Commissioner Joe Corolla
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Whereupon the Cotten ission on motion of Commissioner Plummer and seconded
by Commissioner Dawkins, adopted said ordinance 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.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 10070.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
*NOTE: Though absent on roll call, Commissioner Carollo requested of the Clerk
to be shown voting with the motion.
0_
3. EMERGENCY ORD: CREATING DEPT. OF INTERNAL. AUDITS A'ii REVi EI4S
Mayor Suarez: Let's rake up items 34 and 35 as quickly as we can possibly go.
Mr. Plummer: Move ic.
Mrs. Kennedy: Second.
Mayor Suarez: It's been moved and seconded. Any discussion from the Coira:.ls-
sion?
Mr. Plummer: Once again for the record, 'madam City ,Attorney, the emergency
item, is it justified as an emergency?
Mrs. Dougherty: Yes, sir, Mr. Mayor, Mr. Commissioner.
Mr. Plummer; Thank you.
Mayor Suarez; Call the roll, please.
NOTE POR SHE RECORD: Commissioner Joe Carollo entered the meeting at 9:18
A.M.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE CREATING A NEW DEPARTMENT TO BE
KNOWN AS THE DEPARTMENT OF INTERNAL AUDITS AND BE-
V'EWS; PROVIDING FOR THE APPOINTMENT OF A DIRECTOR BY
THE CITY MANAGER; PRESCRIBING THE RESPONSIBILITIES,
FUNCTIONS, AND DUTIES OF THE DEPARTMENT; TRANSFERRING
TO SAID DEPARTMENT THE FUNCTIONS OF THE CITY'S
AFFIRMATIVE ACTION ADMINISTRATIVE UNIT AND THE RESPON-
SIBILITIES OF IMPLEMENTING THE "MEMORANDUM OF UNDER-
STANDING CONCERNING APPLICATION OF THE PROVISIONS
OF THE CONSENT DECREE, UNITED STATES OF AMERICA V.
CITY OF MIAMI, ET. AL." DATED JULY 15, 1977; WITH THE
DIRECTION OF SAID DEPARTMENT BEING DESIGNATED AS THE
CITY"S EQUAL EMPLOYMENT OPPORTUNITY OFFICER; FURTHER
',.. ASSIGNING TO SAID DEPARTMENT THE RESPONSIBILITY OF
MONITORING THE 4CHIEVEMENT OF GOALS SET BY THE CITY'S
OFFICE OF MINORITY AND WOMEN BUSINESS AFFAIRS AND
PROCUREMENT; ESTABLISHING AS A DIVISION WITHIN SAID
DEPARTMENT THE OFFICE OF PROFESSIONAL COMPLIANCE AND
DELETING FROM THE CITY CODE THOSE PROVISIONS DEALING
WITH THE ADVISORY COMMITTEE TO SAID OFFICE OF PROFES-
SIONAL COMPLIANCE; FURTHER TRANSFERRING AND ASSIGNING
TO SAID DEPARTMENT THE FUNDS, PERSONNEL RECORDS AND
EQUIPMENT CURRENTLY BUDGETED IN THE OFFICE OF INTERVAL
AUDITS, AFFIRMATIVE ACTION DIVISION OF THE HUMAN
RESOURCES DEPARTMENT, AND THE OFFICE OF PROFESSIONAL
COMPLIANCE; FURTHER AMENDING SECTIONS 2-62, 2-63 AND
42-66 OF THE CODE OF THE CITY OF MIAMI, FLORIDA AS
AMENDED, AND REPEALING CODE SECTIONS 2-233 THROUGH 2-
236.3 IN THEIR ENTIRETY; CONTAINING A REPEALER PROVI-
SION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Kennedy, for adoption as an emergency measure and dispensing with the require-
ment of reading same on two separate days, which was agreed to by the follow-
ing vots-
6 January 23, 1986
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.
Whereupon the Commission on motion of Commissioner Plummer and seconded
by Commissioner Kennedy, adopted said ordinance by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. I. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
SAID ORDINANCE. WAS DESIGNATED ORDINANCE NO. 10071.
The City Attorney read the ordinance into the public record and an-
unced that copies were available to the members of the City Commission and
to the public.
Mayor Suarez: I appreciate, by the way, Mr. Manager, your having taken up my
suggestion to call it the Department of Internal Audits and Review. I think
it clarifies that it has other functions besides a simple internal audit and
hopefully, it will be easier for the people in the City to understand what
this department does with that name change.
4. SECOND READING ORD: INCREASE CLAIM SETTLEMENT AUTHORITY OF CITY ATTORNEY
FROM $4,500 TO $25,000
Mayor Suarez: Item 35.
Mr. Plummer: Mr. Mayor, I want to move the item and then I want discussion.
Mayor Suarez: This was initiated by myself.
Mrs. Kennedy: Second.
Mr. Dawkins: Second.
Mayor Suarez: It's been moved and seconded. Thank you.
Mr. Plummer: Mr. Mayor, under discussion, I had some reservations about this
issue. I was scared that it would set a very dangerous precedent. Buc it
does not in any way I hope this is filtering through to the department heads
to anything to do with procurement. This only speaks to the settlements of
the City Attorneys office in legal matters. It does not change the $4,500
bidding as far as procurement is concerned. They still remain as they are.
This is only in the area of settlements with the City Attorney.
Mr. Carollo: J.L., the only thing that I would like to have established, nor
necessarily in the ordinance, but as a matter of policy, that at least fifteen
days before final settlement is reached, each member of the Commission is
notified in writing as to what final settlement there is and with whom and if
there are any objections, then it could be brought up before a Commission
meeting.
Mr. Plummer: I have absolutely no problem. I think it's a very good fact,
any settlements at all!
7 January 22, 1986
Mr. Carollo: It's a limit of $25,000 is a pretty good lump sum limie tnat we
have. I'm sure the City Attorney would do a very thorough Professional job
wf to I,, but, I think the Commission should still reserve that right.
Mr. Plummer: I agree.
Mrs. Dougherty: That includes the ones under $4,500?
Mr. Carollo: Well, I think basically, anything over $4,500 and up to $25,000.
Mrs. Dougherty: Very good.
Mayor Suarez: Ir"s been moved and seconded. Would that be a clarification or
a modification of the actual ordinance?
Mrs. Dougherty: No, that would be a direction to the City Attorney.
Mr. Carollo: It's a policy direction, a policy statement.
Mayor Suarez: With a policy directive. Any further discussion? Read the
ordinance, please. Call the roll, please.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTION 18-104, ENTITLED:
"RESPONSIBILITIES OF CITY ATTORNEY", OF THE CODE OF
THE CITY OF MIAMI, FLORIDA_ AS AMENDED, BY INCREASING
THE CLAIM SETTLEMENT AUTHORITY OF THE CITY ATTORNEY
FROM $4,500 TO $25,000 AND BY PROVIDING THAT PROPOSED
SETTLEMENT AGREEMENTS OF CLAIMS OR SUITS IN EXCESS OF
$25,000 SHALL BE SUBMITTED TO THE CITY COMMISSION FOR
ITS APPROVAL PRIOR TO THE CITY"S ACCEPTANCE OF SUCH
PROPOSED SETTLEMENT AGREEMENT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE
Passed on its first reading by tide at the meeting of December 19,
1985, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordi-
nance was thereupon given its second and final reading by title and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10072.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
5. SECOND READING ORD: PROHIBIT AUTOMATIC TELEPHONE ALARM DIALING DEVICES
Mr. Plummer: Move item 36.
Mayor Suarez: We have a motion on item 36, Do we have a second?
Mrs. Kennedy: I second.
Mayor Suarez: We have a second. Any discussion from the Commission? Please
call the roll.
8 January 23, 1986
AN ORDINANCE. -
AN ORDINANCE PROHIBITING THE INSTALLATION OR MAINTE-
NANCE OF ALL AUTOMATIC TELEPHONE ALARM DIALING DEVICES
WHICH TRANSMIT OVER TELEPHONE LINES USED EXCLUSIVELY
BY THE PUBLIC TO REQUEST EMERGENCY SERVICE FROM THE
M IAM1 FIRE, RESCUE AND INSPECTION SERVICE DEPARTMENT;
ESTABLISHING A PROGRESSIVE SCHEDULE OF FINES FOR
EXCESSIVE FALSE FIRE ALARMS AND PROVIDING FOR APPEALS
THEREFROM; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Passed on its first reading by title at the meeting of December 19,
1085,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the Ordi-
nance was thereupon given its second and final reading by title and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10073.
Toe City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
NOTE FOR THE RECORD: Mr. Ivan Fernandez presentee, limited edition prints to
the City Commissioners and the City Manager.
6. SECOND READING ORD: ATLAS CHANGE AT 2601 S.W. 28 STREET FROM RS-2/2 TO
CR-2/7 AND APPLYING THE SPI-3
Mayor Suarez: We'll go to the scheduled items of 9:15.
Mr. Sergio Rodriguez: Good morning, item number one is a request to change
the zoning from RS-2/2 to CR-2/7 on approximately 2601 S.W. 28th Street. The
Planning Department recommended denial. The Zoning Board recommended approv-
al, This was approved on first reading by the City Commission. Today is the
second reading. Do you nave any questions?
Mrs. Kennedy: Move number 1.
Mr. Plummer: Second.
Mayor Suarez: It's been moved, seconded. Any further discussion?
Mr. Plummer: Anyone from the public wanting to speak?
Mayor Suarez: Commissioner Dawkins
Mr. Dawkins: The planning Department recommended denial. Where is the
Planning Department? Why did you recommend denial, sir?
Mr. Rodriguez: We recommended denial when we made the presentation the first
time because this would set a precedent by encroaching in the residential area
and it would affect the general character of the area and we also felt,
9 January 23, 1986
because we were doing Lite S.W. 27Lh Avenue study that will be before you
today, you should wait for the result of chat study before you make your
decision.
Mr. Doeskins: '1'nank you.
Mayor Suarez: Was this the item that had to do with Commissioner Plummcr's
campaign headquarters?
Mr. Walter Pierce: yes.
Mayor Suarez: And It hasn't been designated as a national historic site yet?
Mr. Rodriguez: I don't think it is a historic site yet.
Mayor Suarez: That is not in reference to your age.
Mr. Plummer: Mr. Mayor, that is only one of four. I had four headquarters
and they're all historic monuments.
Mr. Carollo: At least once you get done with them, right Plummer?
Mr. Plummer: As soon as I finish with them, they demolish them.
Mr. Rodriguez: Any other questions'
Mayor Suarez: No further questions from the Commission. Is there anyone from
the public who wishes to speak for or against this item? Let the record
reflect that no one was here to speak for or against other than Dr. Soto. I'm
ready to meet with you any time on other matters. If we didn't get your calls
answered, it's an oversight. In fact, we have called your office in the last
couple of weeks once or twice at least. yes, sir. Why don't you come to the
mike, state your name and your address and tell us what your feelings are.
Mr. Jim Lutes: My name is Jim Lutes; my address is 2574 S.W. 27th Lane. I
live across the street from this property and I"ve lived there since 1972.
For the past ten years it's more or less become a slum. It's just been a
place where people dump garbage and stuff other than the time when the Commis—
sioner used it for headquarters. So I'd really like to see it developed. I
can't see anything wrong with it. It already is commercial in the piece of
the corner they are referring....
Mayor Suarez: you are speaking in favor of it?
Mr. Lutes: yes, I'm in favor of it. So long as it is landscaped and it's
attractive, I think it should be developed instead of sitting there abandoned.
G Anyway, that"s all I have to say.
Mayor Suarez: Great, thank you for your opinions. I Lhought you'd be oppos—
ing it, because everyone else so far is in favor of it.
I
Mr. Dawkins: One other question. I"m sorry, Mr. Mayor. Public Works, Mr.
Pierce, Public Works says the existing sanitary sewer system that serves this
property was not designed for the sewage flow that can be generated if the
property is rezoned. Can you give me some feedback?
EfI
Mr. Plummer: Commissioner, I think that maybe one of the things that will
€ help ease your mind is that today we are talking about the impact fees and
this permit with all the rest would contain a stamp that says that rnis permit
I.,......, is subject to impact fees. No?
Mr. pierce: In addition to tnat, if there are any increased utility costs or
M projects of improvements necessary, the developer of the property is required
to fund those costs. That obligation is with the developer.
Mayor Suarez: In this particular case, that should be part of the resolution
because we anticipate that there would be such a cost.
[[ Mr, pierce: There has even been a recent City Attorney opinion on that very
{ same question and it's pretty much standard practice throughout the country.
a .
January 23, 1986
Mayor Suarez: I"d hate to h:,ve the applicant come back later and say that we
imposed something expo facto or whatever.
Mr. Plummer: Just make it as an amtndment uoW.
Mrs. Dougnerty: You are not amending an ordinance.
Mr. pierce: You can't; it-s as ordinance.
Mrs. Dougherty: It's an ordinance.
Mr. Pierce: It's an ordinance. You can't condition it. He's straight. He
has to pay for it if he bills. He has to do it.
Mayor Suarez: Do you want to put a rider i a separate motion chat instructs
the City Manager to monitor this particular •..?
Mr. Plummer: No, the only thing you could do, Mr. Mayor, is get e voluntary
covenant from the developer that they agree to it.
Mayor Suarez: I don't mean ic's a precondition to approving the item, but as
a separate motion made by Commission Dawkins that this particular item be
monitored to make sure that if there are any additional expenses incurred by
having to provide the facilities, chat they will have to pay the cost, as is
required, as you -re telling us that it's required.
Mr. pierce: Mr. Mayor, the Miami Dade Water and Sewer Autnoricy Department
will not provide the additional increased services unless he pays for it and
he can't get a building permit until he has assurances and provides the City
with assurances from WasSaW that they will be provided. I think the City has
adequate protection in that regard.
Mr. Dawkins: The only thing I m saying is make sure this gentleman under-
stands this and gets it done. Tnat's all.
Mr. Pierce: Yes, sir, we will make sure of that.
_ Mayor Suarez: No further discussion from the Commission, please call the
roil.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS OF' ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2601 SOUTHWEST 28TH STREET, MIAMI,
FLORIDA, FROM RS-2J2 ONE FAMILY DETACHED RESIDENTIAL
TO CR-2/7 COMMERCIAL RESIDENTIAL MAKING FINDINGS; AND
BY MAKING ALL THE NECESSARY CHANGES ON PAGE NO. 43 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE NO. 9500 BY
REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December 19,
1985, was taken up for its second and final reading by title and adoption. On
motion of Commissioner Kennedy, seconded by Commissioner Plummer, the Ordi-
nance was thereupon given its second and final reading by title and 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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10074.
11 January 23, 1986
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission And
to the public.
7. CONTINUATION OF FIRST READING ORD: ATLAS CHANGE AT APPROXIMATELY 3900-
3998 WEST FLACLER STREET FROM RG-2/5 AND IZS-2/2 TO CR-2/7
Mayor Suarez: Item number 2.
Mr. Guillermo Olmedillo: Good morning, the request is to change from RC-2/5
zoning to a CR-2/7 and an RS-2/2 zoning to CR-2/7. The Zoning Board recom-
ended approval by an eignt to zero vote that the lots fronting Flagler Street
would be rezoned, not so for the lots fronting 40th Avenue. The Planning
Department issues were that the CR-2 designation opens Elie possibility of
uses. There's enough commercially zoned land in the area, as you may see in
the second transparency. There's an intrusion into the residential area to
the southern lot. This would be an amendment to the comprehensive plan,
because the comprehensive plan has not designated....
Mr. Plummer: But what is before us this morning is the total project.
Mr. Olmedillo: Right.
Mr. Plummer: Thar which you are opposed to is just the back lot.
Mr. Olmedillo: The Planning Department was opposed to the rezoning of the
whole thing. The Zoning Board, on the other hand, recommended eight to zero
approval for the six lots fronting on Flagler and leaving the one on 40th.
Mr. Plumer: Put the zoning map back up.
Mayor Suarez: What is the total number of lots and which ones are being
recommended for approval by the Zoning Board?
�.; Mr. Olmedillo: One through six fronting Flagler Street.
Mayor Suarez: For approval.
11 Mr. Olmedillo: Right.
Mayor Suarez: Which ones are not recommended?
Mr. Olmedillo: The one facing west on 40th Avenue.
Mayor Suarez: There is only one lot there?
Mr. Olmedillo: There is one lot and the north 14 feet of lot 13.
Mr. Plummer: Wnere is the closest CR-2/7?
Mr. Olmedillo; Right next to the west. you can barely see it.
Mr. Plummer: What is presently there?
Mr. Olmedillo: That is a bank, which you will see today also, as one of the
items presented before you.
Mr. Plummer: But the bank is minor; it's drive-in.
Mr -Pierce: On, it ain't minor.
Mr. Olmedillo: Drive-in, but not the uso.
Mayor Suarez: Wnat bank is it?
Mr. Olmedillo: Trust Bank.
Mr. Pierce: It's a new bank.
12 January 23, 1986
Mayor Suarez: Flagler and 400, Avenue. Can we hear from the presenter?
Mr. Charles Benner: Good morning, my name is Charles ,lenner. I'm an attorney
representing the proponents, Dr. and Mrs. Hernandez. My address is 2542 S.W.
6th Street. Commissioners, let me explain, first of all, the problem nere.
The first thre'- lots are OK beeause they front on Flagtet Street. Ttie problem
is the apartment building, which is next to it, which Dr. Hernandez also owns,
s haas parking the lot immediately behind it, plus th, ncrtl, 14 feet. We came
to you or to the Zoning Board asking that the entire propurty be rezoned
because we own the entire property. Also Dr. Hernandez and his wife own the
house immediately behind that area and the one to [he left. However, the
objection from the department was that, as the Zoning It
has statea,
that it will be an intrusion into the zoning classification. At that time, w
conceded t11a[ we would only request of the Zoning Board, as we do this morn-
ing, that the lots actually fronting on Flagler Street be rezoned. That way,
we eliminate the problem of till intrusion. Briefly for you, it's not shown in
the map before you, but I have conducted a study of the area between 42nd
Avenue and 371h Avenue. I can cell you that most of the properties on boob
sides of the street are zoned CR-2/7. Immediately to the east of our properly
for the next two blocks, the property zoned RO-1/4 and are being used for
office. Immediately to the west, one block is zoned CR-2/7, one half is
presently under construction, which is the bank that was referred to before.
That would be a five -story building. The other half is a sma11 apartment
building, which is one story. Immediately to the west is an office building
and next to it is a gasoline station that is going all the way up to Flagler
Street. Our property fronts on Flagler Street and is composed of actually six
lots plus the two in the back.., the lot plus the 14 feet that I mentioned
previously. Again, the property immediately behind the apartment building is
a single family residence, which is also owned by Dr. Hernandez and his wife.
The remainder of the south side of Dingier Street from 37th Avenue to 42nd
Avenue is zoned CR-2/7.
Mayor Suarez: What does the red indicate on that?
Mr. Olmedillo: This is commercially zoned areas within the d;vr—r.
Mayor Suarez: So we basically nave an extension of what is already taking
place on 42nd and Flagler heading east. Is than...?
Mr. Olmedillo: Heading east, right. Perhaps a little history may help. Lots
four, live, and six, which are the eastern lots fronting Flagler were issued a
conditional use for medical and dental offices....
Mayor Suarez: I was going to ask you what the use was now as opposed to....
Mr. Olmedillo: .. .in 1980, and then lots one, two, and three were issued
another conditional use for... no, they have apartments. The lot 14 and part
Of lot 13 to the south of it were issued a conditional use to have off street
parking related to that apartment building, so there's an apartment building
to the western portion of the six lots one, two, and three lots and the four,
five and six lots have a conditional use issued in 1980.
Mr. Dawkins: Put that map back up, please.
Mayor Suarez: Tnis was not the clearest map in the world for us.
Mr. Dawkins: Thank you.
Mayor Suarez: I like nice, simple maps, like blown up.
Mr. Dawkins: What is on 14, 7, 13, and 8?
Mr. Olmedillo: There is a parking lot in connection with lots one, two aed
three.
Mr. Dawkins; No, I mean over to....
Mr. Olmedillo: To the east; I mean to the west side, excuse me.
Mr. Dawkins: To the west, where it says two.
13 January 23, 1986
Mr. Olmedillo: Right, on 40th Avenue, on the 40th Avenue site.
Mr. Dawkins: Wh,t's the 13th, 14th, 7th, and 8th?
Mr. olmedillo: 13 and 14 are used as a parking lot in connection with 1, 2
and 3.
Mr. Dawkins: What about 7 and 8?
Mr. Olmedillo; 6, 7, 4, 5, and 6 to the right remember we're talking about
the yellow portion of the....
Mr. Dawkins: I don't know what you're talking about, but I know What I'm
talking about. Up there you see one all the way over to the end.
Mayor Suarez: Between 40t11 and 41st Avenue is what he's talking about.
Mr. Dawkins: See the one with the circle around it? No, come over to this
Side.
Mr. olmedillo: To the left.
Mr. Dawkins: Yes, you see ehst one?
Mr. Olmedillo: Right.
Mr. Dawkins: you see a two?
Mr. Olmedillo: Right.
Mr. Dawkins: Now what is 14, 13, 7, and 8? What is 00 those two parcels of
property?
Mayor Suarez: Right adjoining 41st Avenua.
Mr. Dawkins: Down some, Mr. Rodriguez; now come over, go over the other way,
right there. 6918t's on those two?
�. Mr. olmedillo: Those are residential lots. This is not the subject property.
This is anotner property.
Mr. Dawkins: I have no problems with that. I know where I'm going if you
just leave me alone. 13, 14, 7, and 8 are what?
Mr. olmedillo: Residential.
r
G Mr. Dawkins: Go over to 4, Mr. Rodriguez; go the other way, across the
subject property, on the other side of the subject property; over, over, over
4 there. Whac's that lot you have the pencil on?
Mr. olmedillo: Residential.
Mr. Dawkins: All of that is residential?
Mr. olmedillo: Right.
Mr. Dawkins: Come back, what is the blue area? What is in there?
Mr. pierce: Residential.
Mr. olmedillo: It's owned by the applicant.
Mr. Dawkins: What is it?
Mr. olmedillo: It"s residential.
Mr. Dawkins: So there is no commercial below that black line at all. Every—
thing is residential. Am I right?
Mr. olmedillo: yes, sir.
Mr. Dawkins: That"s what I"m asking. Thank you.
14 January 23, 1986
Mayor Suarez: What would happe-n, counselor, following up that line of ques-
tioning and the idea behind it, if we were disposed to approves the change only
for lots 1 through 6 and nor anychin8 under the black line tner,, than. is not
fronting on Flagler?
Mr. Jenner: Mr. Mayor, what we propose to do is Lis, the ba,k lot for parking
anyway. We have no intentions of seeking a building permit to demolish the
building and build a commercial structure.
Mr. Dawkins: Rut you see, that's fine, but residents come here everyday
because we encroach in the residential area. Once we allow you to put a
parking space in this residential a n, then the next guy is going to come
over and tell me... why ask about 11, and 7. They're going to ant to
put
parking there. Then w e going to go over to the next one and they aregonna
want to put parking there. Why? Because we permit it.
Mr. Jen er. Mr. Dawkins, I share your concern and I understand your point.
However, again, the property immediately behind me apartment building, which
is the concern of the Commission at this point, is separated by a brick wall,
plus the fact that It. Hernandez owns the house immediately behind.
Mr. Dawkins: The Planning Department says denial. The proposed change is
OOL in accord with the City of Miami Comprehensive Plan and the land use
characteristics of the area, likewise there has been no change in character or
need indicated in the area to justify the requested change of zoning. Tnere
is ample commercial zoning and area for commercial development in the comuni-
ty and they also go on to say the reason why they ask for denial is if you
permit an opening on 40th Street, you're going to dump a lot of traffic.
Where is the Planning Department? Is that why we turned it down, because
they're going to dump a lot of traffic on 40t11 Street? You didn't want the
opening on 40th Street.
Mr. Olmedille: It will affect... that was denied prior to....
Mr. Dawkins: It will affect che-sidential area.
Mr. 01medillo: yes, sir.
Mayor Suarez: 40th Avenue.
Mr. Jenner: But you already nave before you a commercial structure immediate-
ly next to thnt building. I don't see how it's going to affect the flow of
traffic. Flagler Sire— is an extremely busy intersection.
Mr. Dawkins: But you're not dumping in Flagler Street. You're dumping into
40th Street.
Mr. Jenner: No, sir, the entrance to this building fronts on Flagler, not on
40th Avenue.
Mr. Dawkins: The parking enters where?
Mr. Jenner: On Flagler Street, sir.
Mr. Dawkins: Where will the exit be?
Mr. Jenner: On Flagler Street is the one exit.
Mayor Suarez: Why do you need parking on the other Inl,the one that fronts
on 40th Avenue?
Mr. Dawkins: How are you going to get back to the parking lot?
Mr. Jenner: I-m sorry. I don't follow your question.
Mayor Suarez: What would happen to you if we approve the rezoning as to lots
1. through b, but not...?
Mr. Jenner: We have no problem with that, Mr. Mayor. That is exactly what
we're seeking here today. We nave no problem with it.
15 January 23, 1986
Mayor Suarez: But excluding the other lot. What number 1s that? Is that 7?
Mr. Jenner: I can't see that far. I think it's 14.
Mayor Suarez: 14, that one right there.
Mr. Olmedillo: 14 and 13.
Mayor Suarez: 14 you can't read it from here. If we excluded that, would
you...?
Mr. Jenne; We have no problem with that. It's just that it so happens that
the way this property has come down through the chain of title, it includes
the back lot.
Mayor Suarez: You said the magic words; you said you had no problem with
that.
Mr, Plummer: But it doesn't include the zoning.
Mr. Jenner: I understand that. That's why we're seeking only the front lots
fronting on Flagler.
Mr. Dawkins: I move with the exclusion of 14.
Mr. Jenner: Mr. Dawkins, you would also have to exclude the north 14 feet of
it, because it lies immediately behind.
Mayor Suarez: That would include the north 14 feet of the next lot under
that. Which is what?
Mr. Jenner: The north 14 feet of lot 13, I believe. Is that right?
Mr. Plummer: Let me caution members of the Commission, this is a change of
zoning. Those things that you hear about a possible bank are just that,
possible. When they put this in, would the Department tell us what in fact
could in fact go in there under this classification? They are not bound in
any way, shape or form to any kind of a proposal on a change of zoning.
Tomorrow morning, with all good intentions, the bank can go out the door and
Department, what can they put in there?
Mr. Olmedillo: Anything under the CR-2 district.
Mr. Plummer: Oh, that's fine. That's a great answer. I hope I pay you a lot
of money to get that kind of answer.
Mayor Suarez: What kinds of things?
Mr. Jenner: Mr. Plummer, we are not seeking to put a bank. The bank is
immediately adjacent to us.
Mr. Plummer: Sir, what are you proposing to put there?
Mr. Jenner: Office building.
Mr. Plummer: Let me tell you what else you can put in there.
Mr. Rodriguez: You can have conversions or additions to create dwellings.
You can have retail establishment for sale of home furnishings and appliances,
office furnishings, equipment and supplies, floor covering, leather goods,
luggage, sporting goods, bicycles, garden supply establishments, paint and
wallpaper stores, rental, formal attire, hospital equipment, repair and
incidental assembly permitted as accessory, aside from antique art, jewelry
and bookstores and stores renting formal attire and hospital equipment, no
such retail establishment shall deal in second hand merchandise. You can also
have service establishments including interior decorator, letter, photostating
or duplicating services and locksmith. Printing, incidental to a permitted
principal use, blueprinting and the like, photographic development laborato-
ries, mortuaries or funeral homes.
Mr. Plummer: Mortuaries!
-
16 January 23, 1986
Mr. Rodriguez: With not to exceed two retorts as an accessory use.
Mr. Jenner: We',1 enter into a covenant right now, Mr. Plummer, about that
Mr. Rodriguez: Access.,. theaters and also, by special permit, then you are
allowed to have other things, such as automotive service stations, privately
owned and operated, recreation buildings, dancing and all live entertainment,
private clubs, retail establishments for the sale of new automobiles and so
on.
Mr. Plummer: You've said enough.
Mr. Rodriguez: In add,tion to that, everything that is allowed in CR-1, which
is a larger list.
Mr. Plummer: So what I"m really saying is that we have no concrete evidence
of what will go on that property or as is proposed. I think that is more of
the danger, and a transitional use is also the danger.
Mr. Dawkins: There is no second, but I still withdraw my motion.
Mr. Plummer: Excuse me, what was your motion?
Mr. Dawkins: Approve, one through six.
Mrs. Kennedy. One tnrouen six excluding 14.
Mayor Suarez: The motion-s for approval for the zoning change for lots 1
through 6 only.
Mr. Dawkins: I withdraw my motion.
Mayor Suarez: Motion is withdrawn. Do we have any motion? Before... we
don-t have a motion anyhow, so there's nothing... Do we have anyone from the
general public that wants to be heard on this issue for or against? Thy
record reflect that there was no one from the general public to be heard on
this item.
Mr. Plummer: Do you want a motion? I make a motion that this item be
deferred until such time as a study can be done on Flagler Street from 37th
Avenue to 42nd Avenue to determine whether or not this should be all changed
to the same and make it uniform and quit doing it piece meal.
Mr. Dawkins: Second the motion.
Mayor Suarez: Motion has been made and seconded. Any discussion from the
Commission? Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption:
MOTION NO. 86-36
A MOTION TO CONTINUE CONSIDERATION OF A FIRST READING
ORDINANCE (ATLAS CHANCE FROM RG-2/5 AND RS-2/2 TO CR-
2/7 AT APPROXIMATELY 3900-3998 WEST FLAGLER STREET) TO
THE SECOND COMMISSION MEETING IN JUNE, 1986, IN ORDER
THAT A STUDY CAN BE MADE BY THE PLANNING DEPARTMENT
OF THE AREA ROUGHLY CONTAINED BETWEEN 37TH AND 42ND
AVENUES, ON FLAGLER STREET, TO DETERMINE WHETHER
ZONING FOR THE WHOLE AREA SHOULD BE CHANGED AT ONE
TIME RATHER THAN CONSIDERING APPLICATIONS ON AN
INDIVIDUAL BASIS; FURTHER DIRECTING THE CITY MANAGER
TO COME BEFORE THE CITY COMMISSION ON SAID DATE WITH
HIS RECOMMENDATIONS
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote-
17 January 23, 1986
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissic .per Rosario Kennedy
Vice —Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
HOES: None.
ABSENT: None.
Mr. Plummer: I'm informed that... a date certain, so you have to tell me now
long the study's going to take if I'm going to make a date certain.
Mr. Rodriguez: I don't see how we can have a date certain because we have to
go before the Sunset Committee to have more staff added that we had frozen at
this point.
Mr. Plummer: Am I in compliance with my resolution or am I not in compliance?
Are you saying to me make it three months from today and then make it again if
it is necessary.
Mr. Pierce: Given the present state of things, I would hope for a deferral of
a year, but that's not fair to the applicant.
Mr. Rodriguez; Say six months.
Mr. Plummer: I"m not going to say six months. We'll say three months. I
make it a date certain.
Mayor Suarez: How does the Sunset Committee affect this now?
Mr. Plummer: It doesn't.
Mr. Rodriguez: What I'm saying with this, I have certain frozen positions of
planners, and neighborhood planners and I need more help. To go, in three
months, means that I have to have everything ready....
Mr. Plummer: Can I make it a date certain six months?
Mr. Rodriguez: OK.
Mr. Plummer: I so accept.
Mayor Suarez: Motion has been made and seconded. Any discussion from the
Commission.
Mr. Plummer: The second meeting... the zoning meeting in July,
Mayor Suarez: This is actually a modification of the prior motion that was
being voted upon. I believe we had almost gotten to the end.
Mr. Plummer: Well, if you want, it's not. It's a matter of compliance with
the law that says that you have to make it a date certain and I did not....
Mayor Suarez: We're just specifying the date.
Mr. Plummer: All I'm doing is specifying the date certain.
Mayor Suarez: I had not recorded my vote, and I will vote yes.
(NOTE: See beginning of label #9 for comments of renoticing of this applica—
tion.)
18 January 23, 1986
8. BRIEF DISCUSSION REGARDING THE SCNSFT COhIMITTFE
Mr. Dawkins: Mr. Mayor, while we're on Sunset, I'd like to say something on
Sunset. Mr. Manager, Mr. Pierce, I got some Comments, a couple of Them... I
like the Sunsetting; I think it's a great idea. I think it's in the right
direction, but I want to make certain that some things are completely covered
that are necessary that we have to use to provide services to the people.
Although we agree that all Sunseting must come back to this Commission before
it's done, I'd like to see Police, Fire, Public Works, Sanitation, and
Parks... some kind of a way, the Manager work out some kind of agreement,
because we passed the resolution here before that we were going to upgrade the
City parks and make them available because there was a shortage of money and
people didn't have anyplace to go but to the park. yesterday I went to a park
and they have a long list of park equipment that's needed such as tennis balls
and stuff that's needed. They ordered it in December and they can't get it
now because of the Sunshine law.
Mr. Plummer: No, Sunset.
Mr. Dawkins: Whatever it is. So, I'd like to have the Manager come back at
the next meeting and give us some specific areas that could be excluded from
this and what have you.
Mayor Suarez: I've got the same feedback. Also, the Police Department is
very concerned about having to go before the committee every time they have to
order dog food, I think they mentioned one case. They do have dogs in the
Police Department, they have a Canine Unit. Generally the concept that items,
no matter how small, have to be approved by this committee. It would seem
that in the same vein of our delegation of further powers to the City Attorne-
ys office, to the City Manager, if we ever do it as far as a procurement
item, in the proposal that I've made, and generally, the placing of confi-
dence in the City staff tree we not in turn do exactly opposite by naving
these very small items have to come up c_nstantly before a committee. That's
just simply going to impede the progress. I'm the biggest one here, or one
of the biggest one's in this Commission, for trying to cut costs as much as
possible, but not by impeding the orderly administration of the City. I
frankly thought the Sunset Committee was going to apply more to personnel than
to items to be purchased by the various departments, and particularly items
of less than $500 or something. Maybe we ought to consider and have a
recommendation from the City Manager as to what price amount should be exempt-
ed from going through the committee every time.
Mr. Plummer: Mr. Mayor, that is under discussion. I invite you to the next
Sunset Committee meeting, which is this coming Thursday at 5:00 o'clock and
your thoughts will be well considered, to tell you that the Sunset Committee
is definitely addressing that problem, especially in the area of life-giving
support. We also are considering the possibility of setting a dollar figure
under what can be purchased without having to go through the committee. It's
already been under discussion.
Mr. Dawkins: I will be there and you. buy dinner.
Mr. Plummer: That bill will be submitted to the Sunset Committee.
Mayor Suarez: In that case, I'm coming too.
Mrs. Kennedy: f think you and the dogs are going to suffer.
Mayor Suarez: The press is invited to have dinner with us that day.
Mr. Pierce: I just wanted to say that Commissioner Plummer was absolutely
correct. That is being addressed. We know we did run into problems there,
but I-ll pass this on to the Manager as well.
Mayor Suarez: My own feelings are that the entire Police Department should be
exempt_. I think their functions are simply too important.
Mr. Plummer: Oooh!
19 January 23, 1986
Mayor Suarez: My own feelings.
Mr. Plummer: Sir, you come to the committee and we'll show you some of
the....
Mayor Suarez: That doesn't mean that I'm in agreement with the pay or Cne
number of people at staff level and top management. I just think that as to
total number of personnel and as to the functions tnat they perform, the
equipment and so on, they hardly should be under this committee. In any
event....
Mr. Plummer: Some of the biggest abusers are in. the police Department. We'll
show it to you.
Mayor Suarez: Do you want to put that on the record?
Mr. Plummer: Yes, I don't mind.
Mayor Suarez: Some of the biggest abusers are in the Police Department.
Mr. Plummer: Exactly.
Mayor Suarez: According to Commissioner Plummer.
Mr. Plummer: Yes, sir. The first meeting will demonstrate and I'll be glad
to send you material to show tnat, air.
Mayor Suarez: I"m very interested, really.
9. ALLOW ONE ADVERTISING SIGN (BILLBOARD) AT 1350 N.W. 42 AVE.
Mayor Suarez: Item number 5, I guess is the next one we can take up before
10:15.
AT THIS POINT ITEM 5 WAS MOMENTARILY DEFERRED AND THE FOLLOWING
COMMENTS PERTAIN TO ITEM 2, LABEL 7:
Mr. Jenner: Excuse me, Mr. Mayor, will we be notified as of the next hearing?
Mayor Suarez: I certainly hope so.
Mr. Pierce: Because of the length of the deferral, we will certainly renotice
on this particular application.
Mr. Jenner: Thank you very much.
Mayor Suarez: Thank you, counselor. It's good to have you before us.
Mayor Suarez: Right.
Mr. Pierce: You got that, Aurelio?
Mr. Perez-Lugones: yes.
AT THIS POINT COMMENTS PERTAINING TO ITEM 3, LABEL 7 ARE FINISHED
AND THE FOLLOWING PERTAIN TO ITEM 5-LABEL d9:
Mayor Suarez: Item five.
Mr. Olmedillo: The request is to have a billboard sign on 1350 N.W. 42nd
Avenue as you come south on 42nd Avenue and you approach 836 Interstate Road.
The Zoning Board voted 4 to 4 in a motion for approval, which constitutes a
denial in essence.
Mayor Suarez: It constitutes a denial.
Mr. Olmedillo: Right.
20 January 23, 1986
Mayor Suarez: Because it was a tie vote, it's a denial
Mr. Olmedillo: Right. The City Commission continued this item on October
24th and November 26th of last year. The billboard sign complies with the
requirements contained in the ordinance and it Mee cs the spacing requirements
with the residencial district to the west of ic. The Planning Department has
recommended approval on those basis.
Mrs. Kennedy: Why would the Zoning recommend denial? What were their
reasons? The Zoning Board.
Mr. Pierce: Mrs. Kennedy, the Zoning Board motion was to approve, but it only
got a 4-4 tie vote, and they need a minimum five votes to pass.
Mrs. Kennedy: But that makes it a denial. I'm asking for the reasons of why
was....
Mayor Suarez: Did they give any reasons?
Mr. Olmedillo: In their discussions....
Mr. Pierce: There were none.
Mr. Olmedillo: No lengthy discussions on that.
Mr. Plummer: I'm assuming that if this one is approved, and chat does come
under the tenth, that this one is .going to be subject to the same discussion
as this afternoon relating to the others as to what is the definition of
parallel.
Mr. Olmedillo: yes, sir.
Mr. Pierce: No.
Mayor Suarez: Are we finished with the department?
Mr. Olmedillo: yes.
Mayor Suarez: Sir, state your name.
Mr. Roy Cooper: My name is Roy Cooper. I'm president of E.T. Legg Company.
I think I can address Mrs. Kennedy's question, if she'll give me the opportu—
nity. The reason that the Planning Board ended up with a 4-4 vote is tnar
they had a concern about whether or not the State would issue a permit tag for
this, such as the ones on I-95. The fact is that this is not a road that is
controlled by the State. Therefore, the State does not enter into it, and so
that shouldn't be a concern at all.
Mayor Suarez: Are you satisfied, Commissioner?
Mrs. Kennedy: yes.
Mayor Suarez: This is very close to the New Covenant Presbyterian Church. Is
it not?
Mr. Cooper: I'm not aware of any churches in that area.
Mayor Suarez: It's right off 12th Avenue and 40... OK. 1350 N.W. 42nd Avenue.
I'm thinking of a difierent....
Mr. Cooper: yes, this is the corner of Leieune and the expressway. It's
all....
Mayor Suarez: What landmarks are close to here, so I can try to figure out
what this area is? 42nd Avenue and 13th.
Mr, Cooper: That's LeJeune Road.
Mayor Suarez: Getting close to the airport?
21 January 23, 1986
Mr. Cooper: Yes, it's all auto rental. It's all highly commercial_ It's In
the flight path of the airport. On the west of it is a big bus garage. I
chink for those reasons the Planning Hoard is recommending it; I mean the
staff is recommending it. It does conform to all the criteria set forth in
the ordinance and we'd appreciate your approval.
Mayor Suarez: I tell you, frankly, and I guess this is in the form of a
question to the City Attorney, I would have never approved the signs that
were obtained... the billboards that were approved for the Hancock Company. I
wonder if we now start turning down some companies that come in and have
pretty much the same criteria or the same circumstances as the Hancock Company
and we don't approve_ their billboards, are we going to get ourselves into some
legal problems?
Mrs. Dougherty: Yes, sir, Mr. Mayor, what you need to do is turn them down
based on the criteria for the special exceptions and not because you generally
don't have a philosophy about billboards. If you want to revisit the whole
questions, then we ought to repeal the billboard ordinance in its entirety.
Mayor Suarez: Now I'm a little confused. If we once heard the City's evalua-
tioa of the criteria applicable to all of these, and when I was not on the
Commission, decided to approve a total of how many signs for the Hancock
Company? Eight?
Mr. Olmedillo: Ten total.
Mayor Suarez: Now applying the same criteria decide that.., but a different
Commission, different Commissioners decide to deny someone else's application,
we should not be in trouble.
Mrs. Dougherty: That is correct, so long as the criteria you are doing it
based on the criteria.
Mayor Suarez: Which are? Can you give us...?
Mrs. Kennedy: Are we talking about the 20 degree angle?
Mr. Olmedillo: We're talking about there's live points which are in the
ordinance. The advertisement shall have 1500 feet radius distance between....
Mayor Suarez: That criteria is met in this case.
Mr. Olmedillo: Right. There is a 50 foot height limitation measured from the
crown of the main traveled road. That is in relationship to the highway.
Mayor Suarez: That criteria is met.
Mr. Olmedillo: Right. The sign structures have to be unipod construction
with only two unipods, one pole, one leg.
Mayor Suarez: Unipole?
Mr. Olmedillo: Pod.
Mayor Suarez: Unipod? Wow!
Mr. Olmedillo: With two signs faces back to back and parallel to each other,
no flashing, blinking, or mechanical devices. Sign area shall be set forth in
2026 and there is another provision about the effective date of the ordinance.
Then,...
Mayor Suarez: Those are criteria contained in the ordinance that allowed the
other signs.
Mr. Olmedillo: Right.
Mayor Suarez: Or those are the criteria generally applicable by a general
ordinance that we have in the books.
Mr. Rodriguez: That is the criteria that applied to billboards that are on
the expressways, that's specifically that we read. In addition to that, [here
.as other also criteria that was included. OK.
22 January 23, 1986
Mayor Suarez: What do you mean that was included?
Mr. Rodriguez: Included in the same ordinance that was prepared for this,
following the directions of the Commission. In addition to that, we have to
take into account the impact on any vistas or views that might be affected.
Mayor Suarez: The impact of?
Mr. Rodriguez: vistas and views. Number two, the relation....
Mayor Suarez: In this particular case, Sergio, if we may go back to this one,
how are the vistas aftected?
Mr. Rodriguez: No substantial impact. Number two, the relationship before
the roadway signs, inclusive of directional signs, to see if there will be any
conflict in confusing the driver.
Mayor Suarez: And how is that?
Mr. Rodriguez: No conflict.
Mayor Suarez: In this particular case.
Mr. Rodriguez: In this case. Number three, the impact on any notable struc-
ture or landmark. the oniy impact might be on the playboy Hotel in the back
or something like that, but that's not a landmark as far as I'm concerned.
Mayer Suarez: We want to block that out, if we can.
Mr. Cooper: It just closed.
Mr. Rodriguez: It's not there anymore.
Mayor Suarez: At least shield it from the general public.
Mr. Rodriguez: The impact upon driver safety In the area this sign is to be
located, and we felt there was no significant impact in that area. Number
five, the appropriateness of the location in relation to the surrounding
neighborhood and adjacent uses. In this case, CC, which is commercial,
definitely there's not an impact in relation to this item.
Mayor Suarez: Do we have anyone from the general public that wishes to speak
for or against this item? Do we have a motion pending?
Mr. Dawkins: Move it.
Mr. Carollo: I second.
Mayor Suarez: Motion in favor; seconded. Any further discussion from the
Commission? Call the roll, please.
23 January 23, 1986
0
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RF,SOL?,'TION NO. 86-37
A RESOLUTION GRANTING THE APPROVAL OF GNP OUTDOOR ADVER-
TISING SIGN PURSUANT TO ORDINANCE NO. 95nO, AS AMENDFD,
ISIOFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 5 OF 6, CC
GENERAL COMMERCIAL DISTRICTS, AND SECTION 2026 ENTITLED
"SIGNS, SPECIFIC LIMITATIONS AND REQUIREMENTS.", SUBJECT
TO THE STANDARDS AND REVIEW PROCEDURES FOR SPECIAL EXCEP-
TIONS AS SET FORTH IN ARTICLE 26 ENTITLED "CLASS D SPECIAL
PERMITS AND SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS."
OF SUCH ORDINANCE, TO PERMIT ONE OUTDOOR ADVERTISING SIGN
(O.A.S.) STRUCTURE WITH ONLY TWO (2) 14' X 48' SIGN FACES
AT 1350 NORTHWEST 42ND AVENUE, ALSO DESCRIBED AS LOT 1,
BLOCK 1, LE JEUNE GARDEN ESTATE SECTION 2 (44-1), AS PER
LOCATION PLAN ON FILE, SAID O.A.S. TO BE LOCATED 100'
NORTH OF THE RIGHT-OF-WAY LINE OF STATE ROAD 236, BEING
64.47' IN HEIGHT FROM GRADE (GRADE AT ELEVATION 4.43');
ZONED CC-1/7 GENERAL COMMERCIAL; WITH A TIME LIMITATION OF
SIX (6) MONTHS IN WHICH A BUILDING PERMIT MUST BE OB-
TAINED.
(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
NOES: Mayor Xavier L. Suarez
':.. ABSENT: None.
NOTE: Though absent on roll call, Commissioner J.L. Plummer requested of the
Clerk to be show voting with the notion.
10. SUPPORT ST. JOHNS COMMUNITY DEVELOPMENT CORP. AND OTHER GROUPS WHO CAN
PUT TOGETHER A PACKAGE FOR CONSTRUCTION OF LOW INCOME HOUSING
Mr. Dawkins: Mr. Mayor, we have some senior citizens, and they'd like for us
to hear item 20 so they could get back to their respective lunch places and
what have you.
Mayor Suarez: Item 20.
Mrs. Ann Marie Adker: Item 20 is the... I am Mrs. Ann Marie Adker, 407 N.W.
proposal. Street. I`m here with the SC. Johns Corporation, Mrs. Adkins, with the
proposal.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Plummer: On that vote of the billboards, show me in favor.
Mayor Suarez: Let the record reflect that Commissioner Plummer voted in favor
of the last item.
Mr. Plummer: We're now on what item?
Mayor Suarez: Commissioner Dawkins asked for item 20 to be Laken out of order
In view of the number of contemporaries of his that are here.
24 January 23, 1986
Mrs. Adker: Would the people from St. John's please stand for me? Mayor,
Comm,ssioners, these people represent the St. John's Baptist Church Corpora-
tion. They have been incorporated now in order to help the Overtown community
with its housing situation. Before you, you nave some notes on what it
about. Right now, I"m going to turn it over w the representative. She w111
give you the basics on it.
Mrs. Alice Adkins: Good morning, I'm Alice Adkins. I'm representing the 5t.
John Community Development Corporation. We are a newly formed group. Our
group was organized by members of the St. John's Baptist Church. We a e here
today to ask the City Commission to make a major commitment to revitalize.
Mrs. ,Vice Adkins: Good morning, I'm Alice Adkins. I"m representing the St.
John Community Development Corporation. ',a are a newly formed group. Our
group was organized by members of the St. John-s Baptist Church. We are here
today to ask the City Commission to make a major commitment to rcvitalize.
Mrs. Alice Adkins: Good morning, I'm Alice Adkins. I'm representing the S[.
John Community Development Corporation. We are a newly formed group. our
group was organized by members of the St. John's Baptist Church. We are here
today to ask the City Commission to make a major commitment to revitalize.
Mr. Adkins: Members of the St. John's Baptist Church, we are here today to
ask the City Commission to make a major commitment to revitalize all, and I
repeat, all of Overtown, not just the southeast corner of park West, but the
entire community, from 8 Street to 20 Street, and North Miami Avenue to 7
Avenue. The second thing we want to ask the City to do is to urge the C.C.
Department to move quickly or. the application for funding for an operating
budget so that our group can maintain the momentum which has been going on,
Last August, a group of individuals at St. Johns made a commitment to bring
low-cost housing for very low income people to Overtown. In four short
months, our group has incorporated as a nonprofit corpora tion, approved bylaws
and filed an application with I.R.S. for tax exempt status. We have asked for
technical assistance from the Enterprise Foundation and the foundation has
chosen us as one of the community groups they will help to make our goal of
low income housing a reality. This week, the Enterprise Foundation is helping
US to map out a plan for the renovation of eight apartment units and several
stores on the property of the C.D.C., which is located across the street from
the church. Our church sits on 3 Avenue, between 13 and 14 Streets. After
that project is completed, and we have some experience, we plan to build 25
homes for low income people, that they can afford on two sites hear the
church. One of those sites is on the corner of 3 Avenue and 13 Street,
diagonally across the street from the church. On the map that you are hold-
ing, you will see those two sites outlined. The other site is on the corner
of 13 Street and 2 Court. We know that you, as City Commissioners, are
familiar with this part of town. We hope to make both the rehabilitation
project and the new housing a showcase for what inner-city rehabilitation
should be, but we don't want our project to wind up as a thing of beauty in
- the midst of a vast wasteland. That is why we are here today. We wan[ the
City of Miami to commit a major amount of money, $1,000,000, to the revital-
ization of Overtown, from 8th to 20th Street and North Miami Avenue to 7th
Avenue. We are also asking that you help us fund our budget, that we can keep
this project moving and make it a reality. St. Johns Church has a 79 year
track record of good work in this community.
Mayor Suarez: May I ask you a question - on the funding of your organization
as opposed to the land acquisition, or the projects you might engage in, has
the Enterprise Foundation, is that who you mentioned to do it,
Ms, Adkins: yes, the Enterprise Foundation.
Mayor Suarez: Have they agreed to a specific figure for organizational
purposes and so on?
Ms. Adkins They have agreed to an amount that would assist Us_
Mayor Suarez: Which is, how much?
Ms. Adkins: Approximately $100,000, and they have also pledged technical
assistance for us to assist in this project.
Mayor Suarez: You might also consider talking to the people who run L.I.S.T.,
which also works hand in hand with the Enterprise Foundation. We, as you
know, Ann -Marie, just came from Washington, D.C. We spent a great deal of
time in Washington with the people from H.U.D., with the person who heads
25 January 23, 1986
inter -governmental regulations at the White House - the whole thrust of what
we are kind to accomplish is to make sure that we have got and we can get
U.D. A.G. grants, commurity development block grants, which by the way, --D-
ing to some of the people in H.U.D., can be used for land acquisition, and we
in vie City... I know that this has been happening before the new Commission-
ers were elected, but I think it has got an additional push now that there are
two of us new here, are moving even more quickly than before to try to create
housing initiatives and Herb Bailey has been pretty much heading that effort.
Also, while we were in Washington, we were concerned that if we approve bonds,
that they would still be tax exempt in view of the possible changes in the Lax
laws and that the retroactivity of those changes would not affect the new
housing bond issue that we have presented At two Commission hearings, and we
have yet to approve, but hopefully we will approve in February. The amounts
of money that we are talking about are quite large. The two U.D.A.G, grants,
for example, are a total of $11,000,000. I see Matthew Schwartz over there.
Things went well in Washington, and we have the promised cooperation of
Senator Paula Hawkins and just about everybody in the Administration. They
are really looking at Miami for good things and great things. However, toe
specific request for $1,000,000 is one I think Herb Bailey wants to address,
because what we would do is, we would route through your association and
organization, some of the plans that we have already got on the planning
board, but we wouldn't necessarily commit to a particular figure. That is not
the way that we usually function. We simply would take into account your
organization, and approve it as one of the ones that we would work with it,
and I take note of rk, f�cr that one of the most important criteria, from my
viewpoint, and I think from the rest of the Commission, is that you have
proper community involvement, and I think, really, just by the number of
people you have got here, you have shown that, and the fact that you nave got
your nonprofit started; you have got your tax exemption under way, and you are
getting the proper technical support, we don't want to have any project that
doesn't work, but I think this entire Commission is devoted to building
affordable housing and low income housing in Overtown, and is moving away a
little bic from the Overtown/Park West concept of sort of an extension of
downtown in the direction of overtown. But, if Herb could maybe address that,
and I don't want to preempt what you are saying, but I think it would make it
a little shorter and sweeter for you if we tell you that we are going to work
with your organization.
Ms. Adker: Mr. Mayor, may 1? We are talking about OvertOWn, a community chat
was intentionally left to deteriorate by local government - that is City and
County. First, we heard that we would be helped through tax increment financ-
ing. I am looking at your agenda today, on the Claughton Island subject, and
I...
Mayor Suarez: Which item is that that you are talking about?
Mr. Plummer: 11.
Ms. Adker: 11-A... and I go way back with that subject and Overtown, we
talked about that subject a long time ago as being a part of getting some of
that housing. Now, I am hearing that it will be split between East Little
Havana and Liberty City. you have displaced many people from Overtown, and I
am going to be very frustrated if we don't get some of that housing back tnat
you have taken away in Overtown, and I think we need to be considered in chat
Project, since that money seems to be available already.
Mayor Suarez: Ann -Marie, just a...
Ms. Adker: I am not here to depend on tax increment, and I think asking the
City to commit to $1,000,000 is a drop in the bucket for the what the City has
ripped Overtown off for.
Mayor Suarez: I will tell you, I consider my own commitment to that area to
be much in excess of $1,000,000. In fact, just to give you an idea of the
dimension of the things that we are trying to create, Herb's proposed bond
Issue is $43,500,000 and a lot of that housing would go in Overtown; I would
say more than a fair proportion would go into overtown. The U.D.A.G. grants
that we are applying, which are earmarked for overtown - are they not,
Matthew?... are a total of $11,000,000, and all of this monies, assuming that
we get them, we will be working with your organization. I mean, that is what
Herb was telling us essentially. Herb, do you want to explain now that will
work, the mechanism?
26 January 23, 1986
Mr. Herb Bailey: Yes, Mr. Mayor and members of the Commission - I would just
like to say that we h ve met with St. Johns, and we Support their efforts to
do housing in Overtown. In fact, we already recognized some time ago there
has to be a coordinated effort between the City and that community. The money
that we are coming up with and that we have already submitted, or will have a
plan before the P.A.B. next weeks, that will explain in full detail how we
intend to deal with the scattered site housing program.
Mayor Suarez: That is the Planning Board you are talking about?
Mr. Bailey: Yes. The scattered site housing program in Overtown, outside of
the project area. However, when I met with this committee, we indicated if
there is a site that they would like to have, and if there is some funding
that they would perhaps need from us that we would be more than willing to let
them develop that site, and we would participate wholehearted with them. We
could not submit to en exact amount because we don't know exactly what the
numbers would be, but we are committed to assist them in whatever efforts they
have to put forth - to build scattered site housing, in addition to the
housing that we already have planned for that area.
Ms. Adkins: We are asking for you for sites 10 and 11, which are on your maps
and we would like to ask for a commitment from you today for those two sites
so that we can develop those. In addition to the $100,000 to assist us with
our immediate funding that is necessary at this time, and to keep things
moving.
Mayor Suarez: Are those sites that we have in mind for deveiopmenc in this
fashion, Matthew, or Herb?
Mr. Bailey: All right, we don't own those sites, at the moment, but when we
acquire those sites, we can consider that.
Mr. Dawkins: Mr. Mayor and fellow Commissioners, for some reason, and Mr.
Herb Bailey and I are just beginning to synchronize our efforts, or just
beginning to understand each others efforts. Now, I have been saying long
before you and Commissioner Kennedy here, that this Commission is committed to
'. affordable housing, and the last members who have joined us, they too feel
that housing under $40,000 is needed, okay? I don't care - you find any two
kids who just finished college - they are up to here in debt because they had
to borrow money and they have got to buy a car to get to work, and when you
start talking $90,000 to $120,000 for a house, it is impossible! so, we are
committed to $40,000 and under. Now, this afternoon there will be some people
in here. There sites are going to be denied purely on an economic basis, for
business reasons, but those groups and this group should get together and get
you some packages together and work with Mr. Bailey and let's come up with
C what we need, because sometime in the very near future, I am going to attempt
to pass a motion up here that any more land that this City Commission gets in
the City of Miami and Overtown, that we do not give it to the big developers
who want to develop housing from $70,000 up, but it be given to groups like
you who are going to build affordable housing, so that is what we need, and
this Commission is committed to that.
Ms. Adkins: I want to thank you very much for that, but I also want to add to
what I initially started is that we have been before the surtax board and they
too have indicated that as soon as we put our package together, which we are
in the process of doing at this point, that they are interested in assisting
us in any way that they can, but ...
Mr. Dawkins: You make sure that this City of Miami staff works with you in
developing this package so that when you give it to us, they don't come and
tell me that you don't have this in it, or we don't have that! Mr. Bailey...
Ms. Adkins: That is why we want you today to make a major policy statement,
so that the City departments would understand when we come before them, that
you are committed to this, and that by your commitment, they will naturally be
favorable with us.
Mr. Dawkins: Okay, well then, the only motion we can make is a motion of
intent, which says that we are committed, and I will move that the City
Administration work with your group, and any other interested group in the
City of Miami that can demonstrate that it can put together a package to
develop affordable housing.
27 January 23, 1986
Ms. Adker: That is good enough for me. Later on I will have it cemented
Mr. Carollo: I second that motion. Now, if I could get some questions
answered. What you are requesting for to be built during the next two years,
are 25 homes. Okay, now, Mr. Bailey, in the lots they are requesting, lots 10
and 11, what is the present zoning in those lots - in other words, what is the
maximum homes that they can build there?
Mr. Schwartz: It is multifamily residential. I chink it is RG-3. It would
allow for the number of units they are talking about.
Mr. Carollo: It would allow that many?
Mr. Schwartz: They could build 25, yes.
Mr. Carollo: Is that the maximum they would allow rignt now:
Mr, Schwartz: I believe so. We have it in the Overtown housing plan which
will be before the Commission in February.
Mr. Carollo: Thank you. I think it is refreshing to see community groups
like this one here that have organized to improve and advance their communi-
ties. What I think is .:till sad is that with the need you have in your
neighborhoods - here all that we are talking about right now is just 25 homes
during the next two years, and 25 is better than none, but the need there is
so much greater than just 25 homes. What I think that we have to do, we have
to take advantage of what few government funds there are - whether they are
local, state, federal, what have you. But, at the same time that we do that,
we have to try to find other alternatives. What I don't want t0 see is that 5
years from now, we are all here again, and we barely have advanced from what
we were today. What I am saying is, this is all fine and it is very positive,
it is very progressive, but we have do much more than that, and I think what
we have to do is, in conjunction with what Miller and I have been saying, and
Commissioner Plummer, and now the two Commissioners that have join us, is that
we have to go and work out a solution between the City government and private
enterprise; private enterprise being you, being cor.'ractors out there that you
will chose, who will work with you, where at this site, the sites you have
right now, they are only selling for 25 units. For us to increase the zoning
there, or in areas that are appropriate, so that it can be cheaper and more
feasible for you to go out and get a contractor to build on that land, and
instead of maybe getting 25 units, out of this, maybe you can get double it
and get 50.
Ms. Adkins; We are not stopping at 25. That is an immediate figure that we
want to begin with, but I don't want there. you to think that we intend to stop
Mr. Carollo: No, I am sure you are not, but what...
Ms. Adkins: We intend to do much more, and I want you to understand one
thing...
Mayor Suarez: Well, the Commissioner is telling you that even as to this site
YOU ought to consider the possibility of having more units on it.
�cr
{° Mr. Carollo: Absolutely!
E Ms. Adkins: There are other sites out there, since you have that strong
I. feeling about this, we will ask for otner sites, but we thought that we would
initially come to you for this, hoping that with some small grant, you would
feel more favorable towards some larger grants.
Mr. Carollo: Well, it is a good start, but what I am talking about also is
4 the following, that there is just so much limited money - limited money that
we can give in grants. There are other ways that we can acquire properties by
private enterprise funding most of the money, and the City helping in zoning -
zoning changes, providing less parking spaces, and so on, where you can
III acquire a piece of property - let's say maybe a piece of property that is only
zoned duplex, right now. You can only build two units, but if we go ahead and
appropriate areas and rezone that you can build, let-s say a three-story
building, then you can build six units per floor, and have eighteen units,
28 January 23, 1986
,. one -bedroom apartments, then all of a sudden that changes the whole story, and
you could a tremendous amount of more units a cost that are affordable that is
reasonable, whereas that same land, you at, paying the same price for that
land right now to build only two units, the cost is going to go up tremendous-
ly in the rent that you would have to pay, or the mortgage in those two units,
but if you could turn it around and build sixteen additional units, then is a
process that it stipulates a contract so that you Can get to be able and build
the units at an affordable cost to the people - he can make a small profit and
everybody win$ and then instead of just going into one small area, and you
build a few, you can build blocks and blocks and be putting up hundreds of new
units right away, and not having to...
Ms. Adkins: We are very new, as you understand, and I understand what you are
saying, and I...
Mr. Carollo: Your effort is fantastic!
Ms. Adkins:... think that our efforts are going to be far greater than what
You might imagine at this point.
Mr. Carollo: I am sure it will be.
Mr. Dawkins: What the Commissioner is saying and what this Commission is
saying is this, and I will put it in as plain English, because he is dressing
it up. Apply for what you want. Tne Commissioner just told you - federal
money, other monies that are not private is drying up. If you ask for 25
units, and another group comes and ask for 125, and we go to Washington and
they get money for 250 units, the other group will have benefited from your
efforts. You have 25 units, and they have 125 units, so what the Commission
is saying is, ask for what you want and let the money be identified and then
you adjust to that, instead of...
Ms. Adkins: We will be asking. I will be working with herb Bailey and Mr.
Schwartz,
Mr. Dawkins: All right, thank you.
Ms. Adkins: Can I get another kind of commitment from you this morning for...
[` Mayor Suarez: Is this a different item now? You are hitting us with two in
one?
Ms. Adkins: No, no, it is not a different_.. I am still talking about the
financial part that we need to go or to assist us with moving on with our
program at this point. Is there some way that the City could commit itself
today to $100,000, or somewhere in the neighborhood, that is what our budget
is at this time.
Mr. pl unm,r: No, not without a budget, you can-t.
Ms. Adker: Oh, you have to have a budget.
Ms. Adkins: We would have to have the budget submitted to you?
Ms. Adker: Yes.
Mayor Suarez: And I am sure that either L.I.S.T. or the Enterprise Foundation
or other foundations will make the money available - maybe not exactly
$100,000, but sufficient for you to function, I guarantee that. They are
waiting for projects like this - they are desperate!
Ms. Adkins: Alright, thank you very much.
Mr. Dawkins: Well, I want to give them the opportunity this afternoon to see
hew desperate they are.
Ms. Adker: Let me thank the Mayor and Commissioners for listening, and of
course, if things don't go exactly as the intent motion...
Mayor Suarez: We know what you are going to do then.
Ms. Adker: Thank you.
29 January 23, 1986
Mr. Dawkins: I will provide the buses so you don't have to crowd everybody in
cars.
Ms. Adker: Okay.
Ms. Adkins: Thank you very much for being so gracious to us this morning.
Mr. Carollo: We have a motion and a second, Miller,
Mayor Suarez: We have a motion and a second, and you are right, Commissioner.
Any further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, wno moved
its adoption:
MOTION NO. 86-38
A MOTION OF INTENT OF THE CITY COMMISSION EXPRESSING
ITS COPMITMENT AND SUPPORT OF PLANS PRESENTED BY
REPRESENTATIVES OF ST. JOHNS COMMUNITY DEVELOPMENT
CORPORATION FOR AFFORDABLE HOUSING; FURTHER DIRECTING
THE ADMINISTRATION TO WORK WITH SAID GROUP AND ANY
OTHER INTERESTED GROUP IN THIS CITY WHICH CAN DEMON-
STRATE THAT THEY CAN EFFECTIVELY PUT TOGETHER A
PACKAGE FOR THE CONSTRUCTION OF LOW INCOME HOUSING.
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.
Mayor Suarez: You can consider this a wholesale endorsement by this Commis-
sion of what you are trying to do and of the general idea of affordable low
cost housing in Overtown so that the people who live there are not displaced
as has happened in the past.
Ms. Adkins: Thank you very much.
11. FIRST READING ORDINANCE: CORRECTING SCRIVENER"S ERROR PER ORDINANCE 9999
AND PER ORDINANCE 9998 - APPROXIMATELY 1501 S.W. 2 AVENUE
Mr. Rodriguez: Mr. Mayor and members of the Commission, item number 3 is
basically to correct a scrivener error.
Mayor Suarez: Do we have a motion on this?
Mr. Dawkins: Moved.
Mr. Carollo: Second it.
Mayor Suarez: Any further discussion? Read the ordinance.
30 January 23, 1986
r
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CORRECTING A SCRIVENER-S ERROR AFFECTING
PROPERTY LOCATED AT APPROXIMATELY 1501 SOUTHWEST 2ND
AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED
HEREIN), BY DELETING THE MISTAKEN REFERENCE TO SAID
PROPERTY CONTAINED IN ORDINANCE NO. 9999, MAY 23,
1985; AND CONFIRMING ITS REZONING FROM RG-2/5 GENERAL
RESIDENTIAL TO RO-3/5 RESIDENTIAL -OFFICE MADE BY
ORDINANCE NO. 9998 ON MAY 23, 1985; MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE. NO. 37
OF SAID ZONING ATLAS MADE A PART OF ORDINANCE NO.
9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300, THEREOF; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Cnmmisaioner Dawkins and seconded by Commissioner
Carollo and was passed on its first reading by title 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.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Comni ssion and
to the public.
12. BRIEF DISCUSSION AND TEMPORARY DEFERRAL OF FIRST READING ORDINANCE: ATLAS
CHANGE AT APPROXIMATELY 200-210 N.W. 20 ST.; APPROXIMATELY 1920-2990 N.W.
1 PLACE FROM CG-2/7 TO RG-2/5 (See label (114)
Mayor Suarez: Item number 4.
Mr. Olmedillo: The request is to change from a CC-2/7 district to an RG-2/5
district, the plot 16, which is included in the projection, is part of the
Overtown Redevelopment Plan adopted in July, 1979, What we found in the
implementation process, was that a CG-2/7 designation precludes the residen-
cial use. This is H.U.D. project wnich plans for 20 units for single families
- and duplex homes to be...
Mayor Suarez: Did you say CR-2/7?
Mr. Olmedillo: It is CG-2/7 now, which is a liberal commercial district.
Mr. Plummer: That is not what our agenda says.
Mayor Suarez: That is not what we have got on our agenda.
Mr. Pierce: It is CR-2/7.
Mr. Plummer: Our agenda says it is CR-2/7.
Mr. Olmedillo: So there is a mistake there. CC-2/7 is the district that
exists there today.
Mayor Suarez: Is there such a thing as CR?
Mr. Olmedillo: Yes.
This was a mistake in the agenda. Somebody...
31 January 23, 1986
Mr. Plummer: Move It.
Mayor Suarez: There is such a classification as CR-2/7?
Mr. Dawkins: You use a typo to correct a typo, huh?
Mr. Plummer: Move to defer for corr,cL ion.
Mrs. Kennedy: Second.
Mayor Suarez; Move to defer. It has been seconded until We get this...
Mr. Plummer: And let it be readvertised.
Mr. Pierce: Mr. Plummer, may we check to see if it was properly advertised?
Mayor Suarez: Ler's check the advertising.
Mr. Pierce: And if it was just a typo on the agenda, then it is legal to deal
with.
Mayor Suarez: We will take it up a little bit later if it was correctly
advertised.
Mr. Pierce: Can we just take it up later, please?
Mayor Suarez: yes.
Mr. Pierce: Thank you.
Mayor Suarez: It may not be approved if the Commission doesn't want to vote
for it, but we will certainly take it up.
Mr. Pierce: Right, but it costs money to readvertise.
Mayor Suarez: Yes, we understand that.
13. ALLOW DRIVE-IN FACILITY AT 1400 S.W. 8 STREET (MCDONALD'S RESTAURANT)
Mr. Rodriguez: My name is Sergio Rodriguez, Planning Department. Item number
6...
Mr. Plummer: Are there any objectors on this?
Mr. Rodriguez: Yes, there is one on this, sir.
Mr. Plummer: Oh, I haven"t seen her in years!
Mayor Suarez: I think the implication of the question by Commissioner Plummer
1s that he is ready to vote as I am on this item. Maybe we should hear from
anyone who wants to object.
Mr. Plummer: yes.
Mayor Suarez: That is a fair statement. Ma'am?
Mr. Rodriguez: If you want, for the record, the Planning Department recom-
mends approval and the Zoning Board recommended approval.
Mayor Suarez: Thank you, Sergio, for clarifying the record. This is for a
drive-in facility at the McDonald's, which is located on S.W. 8 Streec, and
what avenue, approximately?
Mr. Plummer: 14th.
Mayor Suarez: 14th? You know, as Mc Donald's goes, it is certainly one of the
nicer ones that I have ever seen - maybe the nicest one I have ever seen.
32 January 23, 1986
0
Mrs. Charles L. Starkey: Mr. Mayor and City Commissioners, my name is Mrs.
Charles L. Starkey. We re srde at 200 S.W. 50 Avenue. We had a piece of
property that we owned originally. When my father passed away, it came into
our possession. We now have it rented, more or less, as low cost housing. We
do appreciate the Mc Donald's as good neighbors. First of all, I would like to
thank the Commissioners and the Mayor for whomever got the new police command
trailer parked next to Domino Park. That is something Lilac has been needed in
that area for many, many years, and thank goodness it is there now. As of this
week. I understand it is going to be a 24 hour operation, and fantastic to
everybody who managed to get it there, after all of this length of time. It
will certainly help the neighborhood. The neighbors and myself are not
opposed to the drive -through facility. What we are questioning is the fact
that the drive -through facility will exit on S.W. 14 Avenue, which, as you can
see, number one, is a vary narrow street. It is only 40 feet, as opposed to
most City residential streets that are 50.
Mayor Suarez: The entrance will be from S.W. 8?
Mrs. Starkey: From S.W. 8 Street. We were told originally when the Little
Havana Latin Quarter was going to be implemented that it would be enhancing
the entire neighborhood. So far, the only enhancement has been McDonald's.
We appreciate the Mc Donald's - it is very, very goad; however, had the City
Commission, in its wisdom, decided that they were going to change the Latin
Quarter implementation and put a drive -through facility, it should have been
built originally with McDonald's exiting and entrancing on S.W. 8 Street, not
on a tiny residential street. As you can see by the pictures, there is a car
wash directly across from where the exit is going to be. There is also an
exit next door for the parking lot.
Mayor Suarez: A car wash there?
Mrs. Starkey: Right across the street.
Mayor Suarez: An automatic car wash facility?
Mrs. Starkey: A hand washing car wash, right across the sire=r.
Mayor Suarez; Oh. I know that area as well as any other area, and I have
never seen a car wash facility there.
Mrs. Starkey: It is behind the little laundry that is there, and its entrance
is right directly across from where the drive -through facility will have to
..it. With cars parked there, I am afraid we are going to have some accidents
on that street, because there are cars exiting from the parking lot.
Mayor Suarez: Let-s get some input from the planning Department. Have we
considered what effect this may have on traffic on 14 Avenue?
Mr. Rodriguez: There are certain things that we have to add to the record.
Mayor Suarez: I presume 14 Avenue is one way going south?
Mrs. Starkey: 14 Avenue is a two way street.
Mr. Rodriguez: No, it is two way.
Mr. Plummer. Two way.
Mayor Suarez; Two way?
Mr. Starkey: But, it is only 40 feet wide.
Mr. Rodriguez: No, 40... if I may...
Mayor Suarez: It is a narrow street.
Mr. Starkey: And in very poor condition!
Mayor Suarez: Mr. Rodriguez, speak, please.
33 January 23, 1986
4'
Mr. Rodriguez: We have on 14 Avenue now, the entrance to the parking anyhow,
so the concern that Mrs. Starkey has, I think we are going to take into
account when we review this. This is not automatic approval for the drive-in.
They have to come back again to the Planning Department for a class "a"
permit, at which time, we will take into account not only this issue, but also
the issue of cne location of the trash container that is on the side, so we
don't have that negative effect on the property, unloading. So, we will take
into account the location of the exit of the...
Mayor Suarez: All we are approving right now is the fact of a drive-in
facility, not the location, or the design, etc.
Mr. Rodriguez: Right. You are affecting the location - what we are looking
also later on is all the factors that will affect the site, which will be part
of the site plan on the site.
Mrs. Starkey: The only location that is available for an exit at toe present
time, the way the fecilicy is built, is on 14, which means that you also have
the parking lot exit. Now, the parking lot exit is on 15 Avenue as well, so
they can go or out, either 14 or 15, but for the drive -through facility right
next to the parking lot, they will only be able to exit, the way the facility
is now built, they will only be able to exit on 14 Avenue. That, I think, is
going to be very hazardous on traffic on 14 Avenue. That is the only thing we
are objecting to. The facility is fine, we have no complaints about
McDonald-s. They are vary good neighbors. 1 appreciate the wall, it is
better than It was before, but we do think that a future look should be made
as to the exit, and they can only exit on 14 - they cannot exit on S.W. 8, the
way the facility is built, and that could present a traffic hazard.
Mayor Suarez: Thank you. We will take note of all your comments. Anyone
else who wishes to be heard on this item? Do we have a motion?
Mr. Plummer: Speaking on behalf of Herb, I move it.
Mrs. Kennedy: Speaking on behalf of Plummer, I second.
Mr. Plummer: Herb is hiding in the Mc Donald's. They won-t let him out.
Mayor Suarez: It has been moved and seconded. Any further discussion?
RR Hearing none, please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-39
A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN
FACILITIES AT THE McDONALD"S RESTAURANT LOCATED AT
1400 SOUTHWEST EIGHT STREET, MIAMI, FLORIDA, AS PER
PLANS ON FILE FOR A PERIOD OF FIVE (5) YEARS FROM THE
DATE THE CERTIFICATE OF OCCUPANCY IS ISSUED; ZONED
SPI-14 LATIN QUARTER COMMERCIAL -RESIDENTIAL DISTRICT.
(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 doe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
f NOES: None.
ABSENT: None.
34 January 23, 1986
Mayor Suarez: yes, and I hope your facility succeeds and does not leave the
area. It is really an important one. I know chat the drive-in is an element
without whfcu you 1robably couldn't function, from what I near, as far as the
economics of It, but it really has enhanced the area to nave a McDonald's chat
looks as nice as chat one. I hope that you would design more like that, as
opposed to the nice standard Mc Donald's that you have every place else.
14. FIRST READING ORDINANCE: ATLAS CHANGE AT APPROXIMATELY 200-210 N.W. 20
STREET; APPROXIMATELY 1920-1990 N.W. 1 PLACE FROM CG-2/7 TO RG-2/5 (See
label #12).
Mr. Pierce: Mr. Mayor,
Mayor. Suarez: Yes.
Mr. Pierce: On item 4, we have checked back in the files and we find that
item
the
was properly and correctly advertised. It was simply a typo in
the
agenda page. The property is zoned CG.
Mayor Suarez: Is Commissioner Plummer satisfied?
Mr. Plummer: Diu you uot.fy all the neighbors in writing? What does that
writing have?
Mr. Pierce: All the letters, all of the notices, and advertising, period, was
correct.
Mr. PI ummer: Fine. Move it.
Mayor Suarez: It has been moved. Do I hear a second? No second?
Mr. Carollo: Second.
Mayor Suarez: It has been seconded. Any further discussion? Please
ordinance. read the
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS, ORDINANCE
NUMBER 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA BY CHANGING THE ZONING CLASSIFICATION
APPROXIMATELY 200 TO 210 NORTHWEST 20 STREET, AND
APPROXIMATELY 1920 THROUGH 1990 NORTHWEST
PLACE,(BOTH SIDES) MIAMI, FLORIDA,(MORE PARTICULARLY
DESCRIBED HEREIN) FROM CG-2/7, GENERAL COMMERCIALL, TO
RG-2/5, GENERAL RESIDENTIAL; MAKING FINDINGS, MAKING
ALL THE NECESSARY CHANGES ON PAGE 21 THROUGH 23 OF
SAID ZONING ATLAS, MADE A PART OF ORDINANCE NUMBER
9500 EY REPERENCE AND DESCRIPTION IN ARTICLE 3,
SECTION 300 THEREOF; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Carollo
and was passed on its first reading by title 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.
The City Attorney read the ordinance into the public record and an-
nounced that copies
_
were available to the members of the City Commi.snion and
to the public.
,_
35 January 23, 1986
15. ALLOW DRIVE-IN FACILITY AT 4000 W. FLACLER STREET (TRUST BARK)
Mayor Suarez: What are we up to, item 7?
Mr. olmedillo: Item 7 and 8 should be in conjunction, sir. The request is to
have a drive-in facility viewed in connection with a bank and a reduction in
the number of stacking spaces, from 10, to 5.
Mayor Suarez: This is item 7?
Mr. Olmedillo: 7 and 8.
Mayor Suarez: And B. This is the one that they were referring to earlier in
the morning as being adjoining, and possibly one having interdependencies with
the other.
Mr. Olmedille: The Zoning Board granted the present request. The Planning
Department was concerned about the traffic issues on Flagler Street. When you
reduce ttie stacking spaces from 10 to 5, that will create a possibility, a
potential traffic problem on Flagler Street.
Mr. Plummer: Mr. Cardenas, you came to see me the other day, sir. You showed
me 8 parking spaces. Are you prepared to show me 8 again?
Mr. Al Cardenas: I hope so.
Mr. Plummer: Well!
Mayor Suarez: He hopes so too!
Mr. Plummer: Mr. Mayor, is there anyone her, in objection, because this is an
item that I basically have put forth before to make sure of public safety,
that the streets are not used for stacking. If there is no one here - I
worked out an agreement which I will proffer in the form of a motion. Is
there anyone here wishing to speak for or against the item?
Mayor Suarez: Anyone from the general public that would like to speak for
against this item?
Mr. Plummer: Mr. Mayor, T have worked out an agreement with the proponents.
If it is acceptable to this Commission, they must provide 8 spaces, subject to
a 1 year review, and a demand, if necessary, by this Commission, to increase,
I think, 8 spaces with 2 windows, is what they are proposing to put, and as
such, Mr. Mayor, at any time I am ready to make a motion that we approve this,
subject to the one year review, and if the demand is necessary for more, they
will have to provide.
Mayor Suarez: Where would they provide them if they have to provide a total
of 10?
Mr. Plummer: In the parking lot, sir.
Mayor Suarez: In the parking lot?
Mr. Plummer: Yes, sir.
Mr. Cardenas: If I may clarify that, Mr. Plummer. For the sake of clarity,
let me say the following. For the record, my name is Al Cardenas, I am an
attorney at law. I am here with the clients who are the principals of the
Trust Bank, Including Mx. Ramon Sanchez, who is Chairman of the Board. Itie
proposal in question, as you know, was recommended to you for approval unani-
mously by the Zoning Board. This is a special exception, which has already
£, been adopted and is here on an approval basis. The parking spaces, Mr.
Plummer, to clarify the issue, let me point out the following in this chart -
! t1;e stacking spaces. We have done the following - when the drafters of the
y ordinance provided for a recommendation that there be 10 stacking spaces, they
envisioned 1 window. What we have done is the following - and I will tell you
;� 36 January 23, 1986
very quickly in two minutes - we are providing 2 windows. That means we will
be manned by two individuals which will substantially expedite the traffic and
make for purposes of a waiting lane, as such, a shorter time period, wnien
alleviates the stacking situation. There are actually 9 spaces, but only 7
chat I can justify to you, and let me explain to you why. Here is a parking
Space which staff has considered and I think in interpreting the ordinance
correctly so; in terms of practicality, of course, not so. They nave not
considered this space which is in front of Luis drive-in window as one of the
lanes. Being this space number one, this becomes space number two, number
three, number four, number five, number six, number seven. Let me tell you
where I get more than 8. There is also room here, without...
Mr. Plummer: Mr. Cardenas, I am ready to approve on S.
Mr. Cardenas: Well, physically, there cannot be 8, but in essence there are.
Let me explain to you why. There is a space here...
Mayor Suarez: Wait, wait. Physically, they cannot be. Metaphysically, iney
can be. I have got to hear this!
Mr. Cardenas: Legally, I cannot provide you with 8. Physically, I can, that
is why I am suggesting that your motion refer to 7 spaces, and let me explain
why. There are 8 spaces showing here. This is an after the fact space which
you cannot count. Here, where my finger is, in rite chart, there is room for
one car, without getting to a street, however, part of that space is not in
our client's property, it is in the public right of way, so you cannot legally
consider it as the Bch space. Physically, it is, Commissioner Plummer, and it
would bring the car, on an emergency basis, totally outside the scope of the
traffic lanes on Flagler Street. That is why physically you can fit 8 cars,
in reality, 9, if you count this one, but legally, your motion cannot say more
than 7, because I couldn't comply with it.
Mr. Plummer: Mr. Cardenas, Sir, I will agree to 7, with you fully
understand-ing that if in the review in one year; that if it is proven that more spaces
are needed, you either provide them, or lose the facility. It is just that
simple!
Mr. Cardenas: That would be one year from today.
Mr. Plummer: One year... no sir, that is one year from the day that you get
your C.O. to operate the drive-in facility, all right?
Mr. Cardenas: Okay, that will be fine.
1 Mr. Plummer: Now, I will go along with the 7. Now, you know, if it comes back
here in a year and it is said to this Commission that they must nave more
because traffic is backing up on the street, then it is going to be up to you
to provide more, or you are going to lose the facility, understand that?
�..... Mr. Cardenas: I understand that.
Mr. Plummer: I move item number 7.
Mr. Carollo: Second.
Mrs. Kennedy: That is a reasonable request.
Mayor Suarez: I'd like to see Dan Paul go out there with a tape measure and
make sure we can get.., maybe he will come back and tell us there is only 5
that can fit there and we are really in trouble.
III Mr, Plummer: Yes, but he is driving an 18 wheeler!
{ Mayor Suarez: With that modification to the motion, it has been moved and
seconded. Any further discussion from the Commission? Call the roll.
37 January 23, 1986
r
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-40
A RESOLUTION APPROVING THE INSTALLATION OF DRIVE-IN
FACILITIES AT THE TRUST BANK LOCATED AT 4000 WEST
FLAGLER STREET, MIAMI, FLORIDA, AS PER PLANS ON FILE,
PROVIDING A MINIMUM OF SEVEN RESERVOIR SPACES AND
SUBJECT TO A ONE-YEAR REVIEW BY THE COMMISSION TO
DEMAND, IF NECESSARY, MORE RESERVOIR SPACES; ZONED CR-
2/7 COMMERCIAL -RESIDENTIAL (COMMUNITY)
(Here follows body of resolution, OmitLed here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was
passes
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.
16. PERMIT REDUCTION OF MINIMUM RESERVOIR SPACES AT DRIVE-IN AT
400 W.
FLAGLER STREET (TRUST BANK)
Mayor Suarez: Agenda item number 8.
Mr. Plummer: Move it. Say it is a companion.
Mr. Carollo: Second.
Mayor Suarez: A companion?
Mr. Plummer: Well, with the modification requiring minimum from 10 to
7, and
with the amendment so noted.
Mayor Suarez: It has been moved and seconded - any discussion from the
Commis-
. Sion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-41
A RESOLUTION APPROVING THE REDUCTION OF THE NUMBER OF
RESERVOIR SPACES FROM A REQUIRED MINIMUM OF TEN TO A
REQUIRED MINIMUM OF SEVEN RESERVOIR SPACES FOR THE
PROPOSED DRIVE-IN FACILITIES AT THE TRUST BANK LOCATED
AT 4000 WEST FLAGLER STREET, MIAMI, FLORIDA, AS PER
PLANS ON FILE, SUBJECT TO A ONE-YEAR REVIEW BY THE
COMMISSION TO DEMAND, IF NECESSARY, MORE RESERVOIR
SPACES; ZONED CR-2/7 COMMERCIAL -RESIDENTIAL COMMMUNITY.
(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-
38 January 23, 1986
1 4
AYES: Commissioner Joe Carollo
Commissioner J. L, Plummer, Jr.
Comm issich er Rosario Kennedy
vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
17. DEFER APPEAL OF OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING QUAR-
TERS AT 960 N.E. 78 STREET (BELLE MEADE)
Mayor Suarez: Agenda item 9.
Mr. Dawkins: Move 9.
Mr. Guillermo Olmedillo: Item 9 is an appeal to the Zoning ...
Mr. Plummer: Back to the birds!
Mr. Olmedillo: .,Board decision to grant continued approval of special
exception granted July 16, 1984 to allow a houseboat to be used as a dwelling
unit, as a principal use in connection with the property located at 960 N.E.
78 Street.
Mayor Suarez: A motion made - just to clarify it - is in effect, to deny the
project, to approve the appeal.
Mr. Dawkins: No, no.
Mayor Suarez: That is the ... so, that is not really the way you want the
motion to be?
Mr. Dawkins: No, no.
Mayor Suarez: The motion is made to deny the appeal by Commissioner Dawkins.
I just want to clarify that.
Mr. Dawkins: Okay, hold on.
Mayor Suarez: The appeal is by the residents against the ...
Mr. Dawkins: Where are the residents?
Mr. Plummer: Mr. Mayor, at the site of being unpopular, I think we had better
clarify the record of why we are here and what is before us. I am not going
to make the case for the lawyer, but I think he makes a very strong case in
the fact that the only matter that is before this Commission is whether or not
the applicant complied with the two criteria set forth by the Zoning Board.
If that is correct, the only matter that this Commission can address legally
this morning is whether or not those two conditions, injected by the Zoning
Board a year ago or six months ago, have been met. I would ask, please, the
City Attorney to speak to that issue because I was under a misconception, as I
think others are, that it is within the power of this Commission this morning
to deny the use as projected. That is not what is legally before us, so
before this Commission gets itself into a jam with the neighbors, this Commis-
sion has said that we are in favor of, I think we had better understand fully
and legally what is that which is before us, and I would ask now the City
Attorney to address the issue.
Mrs. Dougherty: yes, sir, Mr. Commissioner. The subject of whether or not to
approve or disapprove the special exception itself is not before you. That
has already been approved a year ago.
Mr. Plummer: That is right.
39 January 23, 1986
NOTE FOR THE RECORD: AT THIS POINT, ESTRELLA HERNANDEZ, 921 BELLE MEADE, WHO
WAS UNABLE TO STAY TO SPE..K ON THE PUBLIC RECORD, REQUESTED OF THE CLERK THAT
SHE BE SHOWN AS BEING IN OPPOSITION OF THIS SPECIAL. EXCEPTION.
Mr. Dan Koppen: Excuse me. If I might address that particular matter. My
name is Dan Koppen, Koppen and Watkins, 7900 F.E. 2 Avenue, Miami, Florida.
The meeting that you are discussing took place on July 16th of 1984, and neat
is before the Planning Board and the recommendation of the Board at that time
was as follows: There was no final determination made. They simply said
because of the opposition that was present at the meeting, they said as
follows: "We will give you a temporary C.O. contingent upon the following:
Number one, you have got to maintain the property; Number two, you must comply
with the site plan; and number three, we will give the objectors the opportu-
nity to come back and revisit the matter six months after the issuance of the
C.O."
Mayor Suarez: Was that proviso contained in the original resolution?
Mr. Koppen: Sir, I can-t speak to how the resolution was drafted, but we can
do this - we can do this.
Mr. plummer: The City Attorney has a copy and we will read it.
Mr. Koppen: We had the opportunity to have a court reporter present at the
time. There is a transcript of that particular meeting and I believe and
I haven't memorized the transcript, not knowing that this was going to be the
particular matter to be addressed by this Commission, but I think the tran-
script itself will speak very well as to the issue as to what was actually
determined at that meeting. There was no final decision. In fact, what they
were attempting to do was say let's work it out. Let's see if you can live
with it during this period of time. If you can't, let's come back and talk
about it later on. Now, the interesting thing was that on a related matter so
many months subsequent to that, we were back down before the Board again on
another matter, and on the agenda for that subsequent matter, it appeared that
the revisiting of that which we speak to today was to be discussed by the
�. Board. No notice had been given to anybody about that. It just so happens we
saw it on the agenda. When that matter was brought to the attention of the
Board, they determined the thing to do in all fairness, since they said we
would give you the opportunity to come back - you first have to tell people
when you are going to talk about it, so that they have the opportunity to come
and speak, so in fact, it was again postponed, and on December 16, 1985 the
matter was again brought before the Board, and again they did not make a final
decision at the time. You will find what they did was come back and say we
will give you another extension of two years. To date they have not made a
final decision as to what they are going to do with the resolution. In
effect, they just keep postponing the ultimate resolution. Now, if we are in
a jurisdictional dispute here - it is a question of jurisdiction, then I
respectfully ask, as a matter of law, rather than a substantive issue that
would involve the neighbors and the proponent, that we be given the opportuni-
ty to submit our particular position to the City Attorney, because I think you
will find the transcripts of the hearings will support the particular position
we have today, that we haven't lost the opportunity to have this Commission
discuss this particular matter in a de novo setting. The fact is that this
particular matter has not been before this Commission, and it hasn't been!
Mayor Suarez: You refer to a temporary C.O. What is the time of that C.O.?
Indefinite temporary C.O.'s all over the City that always concern me.
Mr. Koppen: Initially it was six months and then it was ...
Mayor Suarez: It contradicts the very notion of a temporary C.O. to have an
indefinite temporary C.O.
Mr. Koppen: Well, that is the reason that we are here today because of a
series of temporary C.O.'s of course, will be connoted as a permanent C.O.
Mayor Suarez: David?
Mr. David Teems: Mr. Mayor and members of the Commission, what occurred back
in July of 1984 was they applied for a building permit to put some docks and
some decking and things like that on the property. It still remained a vacant
41 January 23, 1986
X
lot. Around April of 1985, they finally got the approvals on that. They
never really received a CO as such, because there is no building there, but
the building official determined that they had completed their construction
and everything is okay. We went out in October of 1985 to verify that the
property was clean and being maintained, as was required by the condition, and
at that time it was.
Mr. Plummer: So where are
Mr. Teems: This morning, Commissioner, I had a inspector go back out to the
property and verify whether or not it is still being maintained, and at this
time it is.
Mr. Plummer: No, what I am saying is, if this Commission is so disposed as we
were in the last hearing to eliminate this problem, what latitude does this
Commission have - what can we do within our scope today?
Mr. Teems: Commissioner, I don't know the answer to that one, that is a
question for the attorney.
Mayor Suarez: Let me tell you - before I ever would vote on that, I would
like to see exactly what is in those transcripts as counsel mentioned. I
would like to see what reservations, what concerns, what additional conditions
were at least considered and spread on the record of those hearings.
Mr. plummet: So defer it.
Mayor Suarez: Yes.
Mr. Simon Ferro: Mr. Mayor, if I may speak to the issue, my name is Simon
Ferro. I am an attorney at law with offices at 1399 N. W. 17 Avenue, and I
represent Miss Caroline Gaynor, who was the original applicant for this
special exception and if you will give me two minutes, I would like to try to
put some things in perspective here, and hopefully avoid a deferral of this
application, because I do believe that all the issues if taken into proper
_ perspective will be clarified. As the City Attorney has stated, or the other
attorney has stated - on July 16, 1984, Miss Gaynor came before the Zoning
Board requesting a special exception to allow her to reside on a houseboat.
That special exception was approved and I have given all of you, I believe, a
packet of documents and exhibits and the resolution, as Exhibit "B" in that
packet, and the wording of the resolution states as follows - "After consider-
ing the City-s findings and recommendations and the proposals of the appli-
cant, the Zoning Board adopted Resolution Number ZB-5584, granting the special
exception as listed in ordinance 9500, as amended schedule of district regula-
tions, page 1 of 6, RS-2, one -family detached residential, permissible only by
special permit to allow the occupancy of one private pleasure craft as a
living quarter, as a principal use at 960 N.E. 78 Street, also described as
Lot 5, Block 22, Shore Crest, 1023, as per site plans on file, in connection
with the vacant lot previously described subject to maintenance and cleanup of
this site, and with a review six months after the date of issuance of a
certificate of occupancy, zoned RS-2/2, one -family detached residential. This
special exception has a ..."
Mayor Suarez: Counselor, if I may interrupt you. What did you envision that
review to consist of?
Mr. Ferro: The review consisted of coming back before the Zoning Board to
determine solely whether the conditions ...
Mayor Suarez: That is not what it says. It just simply says a review. It
doesn't specify as to what. It could have been as to the entire merits of the
issue.
Mr. Ferro: Mr. Mayor, let me put this in perspective. The application that
was approved, and the site plans that were approved, and the conditions that
were imposed on the Miss Gaynor required her to substantially improve the
property, clean up the property and incur substantial expense to improve the
property, which she has done to the letter of the conditions imposed by the
site plan. on the package that I ...
Mayor Suarez: You are telling us that those are not requirements she would
have to meet in any event to maintain that lot properly?
42 January 23, 1986
Mr. Ferro: No. No sir, wnat I am telling you is that in meeting those
requirements, we have catalogued in the package that I have handed to you,
more than $10,000 in expenses that she had to expend in order to comply with
the site plan. I don't believe that the intent of the original resolution was
to tell a person to comply with the site plan, comply with conditions that
will cost you money and then come back again and if we don't like them, we
will revisit everything again and you will have lost a substantial amount of
money. You have copies, I believe of the transcript of that meeting in a
package that was distributed to you by your staff. The staff has supported
this application because they consider that every single condition tnat was
Imposed upon the applicant has beer met. In fact, there was even some discus-
sion as to why this even came before a public hearing again, just to approve a
condition, and I believe that if you read the record, what happened was, that
the Zoning Board, in deference to the neighbors said: "We will allow you to
come back before this Board when we review whether the conditions contained in
this special exception have been met, and we will allow you the chance to talk
to those issues." Tne issue of whether Miss Gaynor can legally live on her
boat was passed on July 16, 1984, There was no appeal taken to the City
Commission, and I believe by law, any appeal rights to address the issue of
whether she can legally reside on her boat are barred, and are forfeited and
the only issues that you find before this Board, as stated by the City Attor-
ney is whether the conditions have been complied with.
Mayor Suarez: Thank you. We probably are not going to get involved - we
should not get involved in the discussion of the legalities of it. My own
feeling, as I stated before, Simon, is that I would like to know what the
record reflects as to what took place in those hearings and Counsel has
indicated to us that it might have things in it that we are not aware of. In
the meantime, I suppose you would be well advised to let us know what your
legal opinions are in any event and try to convince us that we can't do
anything other than what you suggested we do today. But this is a recurring;
problem in this area and I really would like to ask our Planning Department if
they could not study the area and come back to us with recommendations that
would put an end to constant petitions to the City Commission on houseboats in
this area, which seems to be the worst area in the City of Miami for this kind
of use. I mean, every couple of months the residents of the area have to come
here to argue. They have to hire an attorney. They have to, you know, incur
great expense to protect their neighborhood. It is just not fair and if this
one item would Nave to be passed because of legal technicalities, that is one
thing, but it should not be a. recurring problem for us at this Commission and
I think it is unfair to the residents. We have ...
Mrs. Kennedy: Just for my own information, how many people are here on this
item?
Mayor Suarez: How many opposed to the houseboat?
Mr. Plummer: They are all opposed.
Mrs. Kennedy: They are all opposed.
Mayor Suarez: Is there anyone in favor?
Mr. Plummer: Do I assume all of those with the hands up now, now presently
live on a houseboat?
Mayor Suarez: Do any of you live on a houseboat?
Mr. Plummer: Okay, that is understandable.
Mayor Suarez: I concede the Chair to Commissioner Dawkins, and I will move to
defer this item pending receiving what those transcripts show and I gather
from what we have heard today, frankly, that we are going to be stuck in a
legal impasse here and because that appeal was not taken at the time, we may
have to approve this item, unless somehow, you are able to show that we have
properly preserved these issues for further consideration by the Commission.
Mrs. Kennedy: Second.
Mr. Dawkins: It has been properly moved and seconded that we defer this item
for further information.
43 January 23, 1986
Mayor Suarez: It has been moved and seconded. Any further discussion?
Please call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO, 86-42
A MOTION DEFERRING CONSIDERATION OF AN APPEAL BY
OBJECTORS OF THE ZONING BOARD'S DECISION TO CONTINUE
APPROVAL OF SPECIAL EXEMPTION GRANTED BY THEM (ZB-55-
85) ALLOWING OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT
AS LIVING QUARTERS.
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.
18. ACCEPT PLAT: "AMERICAN DREAM".
Mayor Suarez: Agenda item number 10.
Mr. Plummer: It is a plat, we have no choice.
Mayor Suarez: It has been moved. Do we have a second?
Mr. Dawkins: Second.
Mayor Suarez: It has been seconded - any discussion? Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-43
A RESOLUTION ACCEPTING THE PLAT ENTITLED "AMERICAN
DREAM 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-
44 January 23, 1986
0 ft
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. RENAME BLUE LAGOON PARK TO "GENERAL ANTONIO MACEO PARK"
------------------------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, I have another request, please. Move agenda item 27.
Mayor Suarez: What is 27?
Mr. Dawkins: The Cuban radio, just like the Black radio said 11:00 A.M., and
we have it at 2:00 P.M., so they didn't know. I guess they said 11:00 A.M. so
everybody would be here.
Mayor Suarez: This was advertised for 2:30 P.M.
Mr. Dawkins: 2:30 p.M.
Mayor Suarez: As long as it is a discussion item, does it create any problem
when we discuss it at any time we want? 27 is the one Commissioner Dawkins
would like to discuss, the Blue Lagoon Park. Is that the same one that we
received correspondence from Senator Chiles on, Commissioner? And, Senator
Hawkins, Mayor Clark, Congressman Pepper, and some residents. Do you want to
give this to the City Clerk?
Mr. Dawkins: Mr. Mayor, while I was campaigning, I got into a discussion that
was very interesting. I found that I lived in Tampa _11 my life and when a
Cuban came from Cuba, he was not a Black Cuban, he was not a White Cuban, he
was just a Cuban, and then all of a sudden, when I got to Miami, we appear to
have Black and White Cubans, and I have noticed in the discussion that every-
thing around here was named for Jose Marti, who was White, and very few, if
anything was named for Mateo, who was Black. (TAPE 5) So as we got into the
discussion, we said, "Well, what can we do about it?". So then, Mr. Rodriguez
said, "Well, we have a piece of property out here. Why don't we name this
Mateo park?" I said, "Well, that is wonderful. Let's see what we can do?"
So, the neighbors got together, the residents, and they have said that if the
City will provide the land then they will go about acquiring the funds neces-
sary to make this a beautiful park in Flagami, in honor of a valiant fighter
who fought all his life for freedom, so before we get any further, I would
like for the City Manager to tell us how we acquired this land, and if it is
possible to make this land available, and then we will hear from Mr.
Rodriguez.
Mr. Odin: That land was acquired five years ago. We received monies from the
State and purchased the property next to it. The auto dealers around the area
were destroying the palm trees, which are the original palm trees that were
planted there in 1933, and it is right next to a lake, and it is an ideal
situation for a park. At the time also, we were discussing with Carolyn Weiss
and they were supposed to come in with another $200,000 to complete the park,
but that was told... there was some process that we went through, if you
remember that case, and at the moment, we don't have sufficient money to
complete.... We have the property...
Mr. Dawkins: And the property was bought for what?
Mr. Odic: The park was bought with the idea of developing the park into a
rowing, sailing center for that community. It is a park...
Mr. Dawkins: But, it is a park. Okay, we have letters here of support
from... it says, "I am very pleased that the City of Miami has shown a strong
interest in moving ahead with the General Antonio Mateo Park. Most all of us
are aware of his place in history."... Lawton Chiles. "This is to express my
45 January 23, 1986
r-
support concerning a resolution which you are sponsoring. Me and the entire
Commission support :his."... Steven Clark. Also, I have one - "I would like
to express my support for the proposal now pending before the Commission to
establish a monument honoring General Antonio Maceo."... Paula Hawkins. And
from the senior member of the whole congruss, "I am very much pleased to
endorse the proposal submitted to your Miami Commission to build a monument in
the City of Miami in honor of General Antonio Maceo, who fought beside the
great patriot Jose Marti for the liberation of Cuba."... Claude Pepper.
Mr. Juan Amador: (As translated by Cesar Odic) Mr. Mayor, members of the
Commission, talking with the modesty of an exile, a Cuban exile, I want to say
how grateful we are for the honor you are going to confer on all women and men
that love freedom and democracy in the world. General Antonio Mateo, goes
beyond and transcends our Republic. His figure represents what he said at one
time, "With the edge of my machete, I will conquer freedom." I am very
grateful to say and acknowledge the presence of the Diplomatic Corps of all
the free nations of the Americas. In their name, I am soliciting from this
honorable Board, that you allow the Consul General of Ecuador, Don Nicolas
Aguirre to say a few words in the name of the Consular Corps, that you allow a
figure of so much prestige, like Dr. Vargas Gomez, who is a grandchild of the
General Maximo Gomez to say a few words prior to what you are discussing
today; and that you also allow a figure of so much prestige like Dr. Manuel
Marina to say a few words, and finally, if this proposal of my good friend,
Miller Dawkins...
Mayor Suarez: Let the record reflect that the rest of the Commission did not
clap.
Mr. Amador:... is approve, that you authorize, allow Dr. Antonio Mateo, the
grandchild of the General, who is here present with all of the family of the
General, we are very grateful of any accord you might take. Finally, I want
to say, to recognize how for a lot of years, when I visited the present City
Manager requesting that the necessity that there was to build in that place a
park who would become eventually, according to his wishes Park General Mateo,
I want to acknowledge publicly that in that opportunity, we had the right to
say that honorable Commission of Miami that would give us, the Cubans in
. Exile, an honor of this magnitud.
Dr. Vargas Gomez: Mayor Xavier Suarez, Vice -Mayor Dawkins, and the other
members of the Commission, ladies and gentlemen, it is for me a great honor to
appear for the first time in my life before this Commission of the City of
Miami and especially on this occasion that gathers all of us here. I would
like to say that I consider it a very wise initiative to give the name, the
glorious name of Antonio Mateo, who was one of the most prominent 'figures of
our process of independence to a park of the City of Miami. I won-t go on
telling you all the details of the military life of Antonio Mateo. I think
that should be done by someone else, but I would like to say something about
other aspects of his personality. General Antonio Mateo was not only a great
hero, a freedom fighter, and an a:traordinary general, he was also a man that
possessed a cultivated mind and he thought that elevation of his ideals and
the integrity of his character were always a source of inspiration for the
Cuban people. In the letters that he wrote to his wife, when being already at
war in Cuba, he said to her - "Maria, remember, that we have to share the
pleasure of sacrificing all, everything, for the Cuban independence% In
talking to some of his friends in other occassions, he said, "All the Maceos
have to die for the independence of Cuba". And this prophecy completely when
he fell, the last of the Maceos, in the battlefield of San Pedro in December,
1896, the midale of in one of his most incredibly brave combats. I believe
that by these words you can judge the spiritual quality of this man, and that
he didn't think he was able to survive the war of independence, and that was
precisely what he said when he wrote to his wife, saying those words - "Maria,
remember that we have to share the pleasure of sacrificing all for the inde-
pendence of our country'. His lack of personal ambitions, the absolute lack
of personal ambitions, and the purity of his soul, I think was evidently and
shown by those words and his determination to die for Cuba. General Maximo
el Gomez, who was the Chief of the Liberation Army, when Mateo died, he wrote in
a letter of condolence to his widow - "The army has lost its first general and
.... the Cuban people have lost the most sublime personality of the Revolution". I
think it would be a very wise idea to give the name of this outstanding man to
a park here in Miami, and I wonder if in the future it would not be possible
to Rect a monument to the memory of him. I believe that that would be a great
source of inspiration for the young people in Miami. Thank you very much.
46 January 23, 1986
Mayor Suarez: ,, ust to let everyone know that we take note that the greatness
of Antonio Macao, and the fact that we want to do this, but please, keep
everyone as much as possible to the shortest amount of time. Who is your next
...?
Mr. Carollo: If I may, while...
CITY MANAGER CESAR ODIO BRIEFLY TRANSLATES INTO SPANISH THE ABOVE COMMENTS
MADE BY THE MAYOR.
Mr. Carollo: If I may, Mr. Mayor, while the next speaker comes up, I would
like to read a letter into the record.
"Dear Mayor and Commissioners: As State representative from district
112, which encompasses the Flagami area, I fully endorse and ask for
your support to name the proposed Flagami Park, Antonio Mateo y
Grajales. Antonio Mateo y Graiales symbolizes the spirit of freedom and
independence that is cherished by all Cuban -Americans. our community
will be honored to have the first park In the United States that carries
the name of one of the major patriots in the history of the Americas.
Therefore, on behalf of the citizens of Flagami, which I represent, I
will urge you to approve this recommendation. I am presenting a resolu-
tion to the House of Representatives supporting this effort. Respect-
fully suLW.1, „..d,;lda Gonzalez Quevedo, State Representative,
District 112."
Mayor Suarez: We recognize the presence of State Representative Arnhilda
Gonzalez Quevedo. Good to have you here. Manuel?
Mr. Manuel Marina: (As translated by Cesar Odio) He would like this Board to
honor us who love freedom to approve this motion to name this park Antonio
Mateo. You can be sure that not only are you honoring the hero of the inde-
pendence of Cuba - General Antonio Macao, but,that you are also honoring a man
who fought against slavery, after the protest of pacto Sanjon in which Mateo
did not accept any agreements with Spain, which did rot call for implicit
I;.. freedom of Cuba and the freedom of slaves - The society Against Slavery in New
York, sent him a letter supporting him and congratulating him because of his
fights for the freedom of Cuba and his fight against slavery; therefore you
are honoring a Cuban hero, which we are pleased, but you are also honoring a
universal hero, which should be the appropriate time to mention him, since we
are talking about Martin Luther Ring, who 100 years ago, he was already
fighting for the same things that Martin Luther King did today. Thank you!
Mr. Amador: Mr. Mayor, Commissioners, an illustrious American woman, Miss
- Mary Collins wants to say a few words.
Ms. Mary Collins: Navy General Antonio Mateo, hero of the wars which lead to
the independence of Cuba deserves a park in this City of Miami, as a monument
to his greatness. General Mateo, remembered as a rebellious young warrior,
who did not accept the peace offered by the Sanjon Pact, negotiated by the
Spanish General Martinez Campos and signed by a majority of Cuban generals,
ending 10 years of war. Mateo, demonstrating his rebellion on the 4th of
February, 1878, fought the forces of Colonel Ramon Cabezas, who outnumbered
his forces 10 to 1 in the battle of Palma Soriano, killing 270, and taking 27
soldiers prisoners. He did this with only 5 lost of his small force of 32.
In that battle, Captain Valentin Consuegra in a machete dual, killed Colonel
Cabezas The Cubans_, once more, armed with machetes, defeated Spanish
soldiers who bad rifles, and do you know who made those machetes that defeated
those rifles? His name was Collins. That is why I feel so close to the Cuban
community, and why I am asking you this day to name this park in honor of
General Antonio Maceo, the rebel of the Pacto del Sanjon so he will be a
beacon for the new Cuban rebels of this era who left their country in search
of freedom, but yearn to go back to free Cuba when their adopted country
commits them to fight. The Cubans of this generation, just as Mateo, do not
accept the Sanjon pact, do not accept the Kennedy-Khrushev Pact and will fight
to free Cuba some day from Communism soon.
Mr. Marina: (as translated by Cesar Odio) Mr. Mayor and members of the
Commission, I want to please ask you to allow the representation of the
Diplomatic Corps, Honorable Consul of Ecuador, Nicolas Aguirre.
47 January 23, 1986
Mayor Suarez: As long as you do not call him on the Consulate -General of
Ecuador, she rest is accepted.
Mr. Nicolas Aquirre: I am not the Consul -General of Ecuador, I am the
Honorary Consul of Ecuador, and I am not here to speak in behalf of the
Diplomatic Corps, not even of the Consular Corps, but I am very pl ased and
honored that I have been asked to come here to speak. Titles are not needed
here, because I think that any individual who benefits from any democracy,
freedom and liberty must come here and support the effort that Juan Amador is
promoting.
Mayor Suarez: You are still president of the Club Bolivians?
Mr. Aguirre: Yes, sir, I am.
Mayor Suarez: That is very important.
Mr. Aguirre: I think that the effort should be supported because those of us
who or pave the way for the establishment of a solid democra-
cy, those of us who liberated, emancipated, gave us freedom, must we well
remembered, and I think the effort of the Cuban community here in Miami, to
honor the liberators, the emancipators of Cuba and the other Latin American
countries, deserve the respect and support, not only of the Cubans here, but
of all the Latin Americans living here and abroad.
Mayor Suarez: Can we just have finally the grandson of Antonio Macao so that
we can finish this? Would you like to?
(INAUDIBLE BACKGROUND COMMENTS MADE OUTSIDE THE PUBLIC RECORD)
Mayor Suarez: I have a feeling you are going to win, but, however you want to
do it.
Mr. Dawkins: All right, we will approve it while you stand there, sir.
First, I would like to say that the total community and the press must know
that Miller Dawkins didn't do this, the Commission did it, and let the record
record that the Commission isn't going to do it, the community is going to do
it, but we are only going to provide the land. The rest of it, you are going
to have to do so that all of us can be proud of it, so with that in mind, 1
move that we make this land available, and move, post haste and name it...
Mr. Carollo: I second that motion.
Mrs. Kennedy: Unanimous second.
Mr. Dawkins: Oh, oh, then I have to take back the motion.
Mr. Carollo: I move the motion.
Mr. Kennedy: I second. I can think of no greater way to honor such a great
patriot.
Mr. Dawkins: It has bee❑ properly moved and seconded.
Mr. Carollo: Discussion.
Mr. Dawkins: Discussion.
Mr. Carollo: This, I think, is one of the most appropriate sites that we
could have possibly picked to honor this great patriot of the Americas,
freedom fighter of this century, and I say that this is one of the most
appropriate sites, because this is a park that has a great frontage and a
beautiful lake, and it is the park that has the most royal palms in all the
City of Miami. This is a park that has royal palms everywhere, the same
royal palms that his
so much in the countryside of Cuba where General
Maceo fought and loved. (AT THIS POINT COMMISSIONER CAROLLO BRIEFLY TRANS-
LATES HIS ABOVE STATEMENT INTO SPANISH)
i Mr. Dawkins. We are going to vote first, sir.
Mayor Suarez: We are going to vote. Commissioner Dawkins? Call the roll.
48 January 23, 1986
....................... .
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-44
A MOTION OF THE CITY COMMISSION GRANTING REQUEST
RECEIVED BY A GROUP OF INTERESTED CITIZENS FOR DEVEL-
OPMENT AND UTILIZATION BY THE COMMUNITY OF THE CITY -
OWNED BLUE LAGOON PARK; FURTHER AUTHORIZING THE
ADMINISTRATION TO MAKE THIS LAND AVAILABLE; AND
FURTHER DIRECTING THAT SAID PARK BE RENAMED "GENERAL
ANTONIO MACEO PARK'.
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.
Mayor Suarez: Sir? Go ahead.
Dr. Antonio Maceo: Honorable Mayor Xavier Suarez; Honorable Mr. Dawkins,
Vice -Mayor of the City of Miami; Mr. Joe Carollo; Mrs. Kennedy; and Mr.
Plummer, Commissioners of Miami - when I was informed that the Mayor and the
Commission were going to meet today to approve a proposition of Mr. Miller
Dawkins that was concerning to the naming of the park of the 7th Street and _
52nd Avenue in the area of Flagami, after the name of General Antonio Maceo
- in recognition to his merits as a leader in the struggle for the liberation of
the Island of Cuba from the domination of Spain in the past century. He, Jose
Marti and Geaeralisimo Maximo Gomez were the pillars of 30 years of fighting
off the dawn to conquer freedom and have Cuba join the rest of the free
nations of the American continent. The rest, today, our country, at a cost of
lives and pain, for its independence, traders and villains have subdued the
people, forcing them to live miserably, where no more freedom is allowed and
where life is so difficult that close to a million of natives have left the
soil where they were born, because of the regime that has been imposed by
these traitors of Marti, Gomez and Maceo The guiding and setting of the
armies of the atheist regime of international Communism is responsible for
this - for me, and for my family, and for those who will revere, admire, and
respect the memories of those who gave their lives for the sake of patriotism,
It is an honor, and especially, because it proves that progress has been
reached in the better fraternal relations with the great people of the United
States. The fact that my grandfather's name will be given to this park is not
only an honor, but principally because of our Cuban heritage, as Christians,
as Democrats, lovers of liberty, law and justice, we thank you from the depth
of our hearts, to all those that sponsored this idea. We also pray for the
preservation of the heritage and traditions here in the enslaved Island of
Cuba, and with the continued understanding to keep the world free from totali-
tarian regimes.
Mayor Suarez: Thank you and congratulations to all of you, and good luck with
the project and thanks for being here, State Representative, Arnhilda
Gonzalez-Quevedo.
THEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
11:35 A.M., RECONVENING AT 11:40 A.M. WITH ALL
MEMBERS OF THE COMMISSION FOUND TO BE PRESENT.NOTE FOR
THE RECORD: At this point, Jeb Bush, Chairman of the
Republican Party of Dade County, was recognized.
49 January 23, 1986
20. DIRECT CITY ATTORNEY TO TAKE ACTION AGAINST VIOLATIONS INCURRED BY
NORTHWESTERN MEAT PACKING CO.
Mayor Suarez: Who is here on this unscheduled item Lucia?
Mrs. Dougherty: Mr. Cardenas. Mr. Mayor and members of the Commission, you
may recall some time back you authorized me to institute a legal action
against Northwestern Meats for the illegal occupancy of a piece of land which
is not zoned commercial but is used for commercial purposes. You gave us 60
days which would be January 26th. At this time, the property owners are
making plans, and have submitted documentation of these plans to move off of
the property. The question to you that I am raising at this time, do you want
me to not institute action and, therefore, give them some more time, let the
issue be taken up by the Code Enforcement Board which I understand has the
item on their February agenda? Or should we institute action and let them
move at the same time?
Mayor Suarez: I think you know what my feeling is, maybe we ought to hear
from the rest of the Commissioners and then from the attorney for the property
owner. Any Commissioners have any views on whether the City should take legal
action forthwith or have the Zoning Board... Madam City Attorney? It is a
non-scheduled item, but the reason we have to take it up, Commissioner, is
that on the 26th of this month the 60 day period that we had given to the City
Manager expires, that we had given actually to the property owner. Is there
f anything that we have failed to do in that 60 days? -
Mrs. Dougherty: No, sir.
Mayor Suarez: I think you know my views on It. Commissioners?
Mr. Plummer: I'm sorry. What? Mr. Mayor, the applicant on which item was
it, 4 was it or 7? What item did you have?
Mr. Al Cardenas: This is another matter we're discussing but that was 7 and
8.
Mayor Suarez: This is Northwestern Meat Packing Company's violations that we
had decided to give 60 days to the property owner to comply, otherwise we
might begi❑ legal action or whatever.
Mr. Plummer: What item is St?
Mayor Suarez: It is non-scheduled, but it must be considered, if we want to
consider it, if the Commission deems it proper to consider before the 26th in
order to comply, the 26th of this month in order to comply with the 60 day
period that we gave to the property owner. The 60 days are up on that date.
Mrs. Dougherty: The 60 days are up, he is asking for more time, he is making
plans on leaving, they have submitted documentations of plans on leaving the
site, the question is whether or not you want to give them more time or should
I institute action on the 26th.
Mr. Plummer: What is your recommendation?
Mrs. Dougherty: My recommendation would be to wait until the Code Enforcement
Board takes up the Item in February and see what they want to do with the
item.
Mayor Suarez: It is scheduled before them already?
Mrs. Dougherty: Yes, it is.
Mr. Plummer: Let me ask you this, for the record. You're saying that you
feel that they're making an honest effort to try to do something to get off of
dead center?
Mrs. Dougherty: Yes, sir.
50 January 23, 1986
Mr. Plummer: And what you're saying is let them continue with that effort,
present it to the Code Enforcement Board, wait for that decision and then come
back to us.
Mrs. Dougherty: Yes.
Mr. Plummer: I have no problem with that.
Mayor Suarez: I frankly feel that any effort made at this point in violation
of our prior deadline cannot be an honest effort, frankly, this has been going
on for too many years and I would be disposed to begin legal action. Commis-
sioner?
Mrs. Dougherty: Unless I hear something from you otherwise, I will.
Mayor Suarez: Yes, if the Commission doesn't move on it it will happen as
scheduled, the Code Enforcement Board will consider the item.
Mrs. Dougherty: No, I will institute legal action unless you tell me some-
thing differently today.
Mr. Cardenas: If I may, Mr. Mayor. For the record, my name is Al Cardenas
and I represent the party in question, Northwestern Meats. We were given the
60 days by you, a lease was procured securing a piece of property, plans have
been submitted showing what needs to be done in order for the facility to be
In function, it is just going to run over the January 26th period. Let me
play out very quickly the scenario for you, assuming you institute a lawsuit.
You institute a lawsuit, we're in court, there are a number of I think legal
grounds which I think we would want to claim based on actions the Code En-
forcement Board has taken before. You would have your position, I think it
would be frankly an avoidable situation because we have already in the process
of submitting these plans to the City, the property has been secured, I would
be glad to submit the necessary proof that there's site control and we just
need to move this structure from one location to another but physically can't
do it for x number of more days and it is an ongoing business concern. I
understand your concern, but frankly, if v, go into court the court is not
going to make a decision before we're in place anyway.
Mayor Suarez: But it sure will put pressure on you. Al, nothing personal, I
think that you're an eminently good attorney, substantial improvement would
be an understatement, over the prior attorney for these people but this has
been going on for too many years and 1, therefore, move that the City proceed
with legal action and I pass the Chair to Commissioner Dawkins.
Mr. Dawkins: There is a motion on the floor, is there a second?
Mayor Suarez: A motion has been made, has it been seconded?
Mr. Dawkins: I second. Under discussion, this is the same situation as I'm
t stuck with the Swire Company. Okay? Ten years they did not build any homes
and now all of a sudden they've got everybody in the city in sympathy with
>' them and that the Commission doesn't know what it is doing, got a bunch of
Comaissioners up there who are doing infighting and they are the ones who did
not produce the housing in ten years - not me. Now, this was going on when I
came here. And nobody can make me accept the fact that it takes - how many
years has this been going on?
Mrs. Dougherty: At least three years.
Mr. Dawkins: It takes 3 years to move a truck from one side of the street to
the other? That's impossible for me to accept. So I go along with the Mayor.
And if like you say, if 1t is resolved, because we've got a file and every-
thing, if it is resolved prior to that then I'm sure the City Attorney will
drop the suit providing there are three votes. There may not be three votes
up here for that. But in the event that it is three votes and in the event
that it is settled prior to going to court, drop the suit. If it is not it
- will certainly get all of us off of dead center because the neighbors keep
telling me that we're not doing anything and the owner continued to snow me
that he is trying and that he has jobs at stake and he wants to put more
people to work and all of this but that leaves me in the position where I have
to say something to somebody.
51 January 23, 1986
0
Mr. Cardenas: We11, I felt that the decision to let the Code Enforcement
board, which is the Board that you folks appoint to handle these things, on
February makes sense, Commissioner because these are people that you've
entrusted with that particular function and if they make the appropriate
decision February 12tn, they, I would surmise, would be the appropriate party
to proceed with just that very decision. That is procedurally why I felt it
was sound to leave this in the hands of the Code Enforcement Board February
12th. If they proceed according to your wishes, fine, If they don't, you Can
revisit it at that time.
Mayor Suarez: That is really just a strategy for additional time, Al. The
fact of the violation is clear, we don't need the Board to tell us that there
is a violation, it has been going on for three years. But if any Commission-
ers want to say anything further on this subject, otherwise let's go ahead
with the vote so we can move onto the next item. No further discussion, let's
call the roll on the motion.
Mr. Plummer: Call the roll.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 86-45
A MOTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO
TAKE WHATEVER ACTION MAY BE NECESSARY IN CONTINUING VIOLA-
TIONS INCURRED BY THE NORTHWESTERN MEAT PACKING COMPANY.
Upon being seconded by Commissioner Dawkins, the motion 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. Plu®er, Jr.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: I'm going to vote no, I think they're trying to make an honest
effort, I don't think the legal department needs any more work at this time
and they have recommended that we do give this opportunity, it is going to be
heard on the 12th and we meet again on the 13th, but the Commission passes it
4 to 1.
Mayor Suarez: Thank you.
52 January 23, 1986
21. SECOND REAPING ORD.: LAW ENFORCEMFNT TRAINING TRUST FUND REGION 14 -
F.Y. 85-86.
Mayor Suarez; We are now on Item 37.
Mr. Odio: This is accepting a grant of $86,574.
Mr. Plummer: Move it.
Mrs. Kennedy: Second.
Mayor Suarez: It has been moved and seconded. Any further discussion
from
the Commission? Hearing none, can we please have the ordinance read.
AN ORDINANCE -
AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: LAW ENFORCEMENT TRAINING TRUST FUND "REGION
14 - F.Y. 85-86", APPROPRIATING FUNDS FOR ITS OPERA-
TION IN AN AMOUNT NOT TO EXCEED $86,574.00; AND AUTHO-
RI72— — rTTV Mev4rFR TO ACCEPT THE $86,574.00 GRANT
AWARD FROM THE STATE OF FLORIDA; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of December
19,
1985, was taken up for its second and final reading by title and adoption.
on
motion of Commissioner Plummer, seconded by Commissioner Kennedy, the ordi-
nance was thereupon given its second and final reading by title and passed
and
adopted by the following voce-
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.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10075.
The City Attorney read the ordinance into the public record and
an-
nounced that copies were available to the members of the City Commission
and
to the public.
22. CHANGE NAME OF HUMAN RESOURCES DEPT. TO PERSONNEL MANAGEMENT DEPT.
Mayor Suarez: Item 38.
Mr. Plummer: Move it.
Mayor Suarez: It has been moved, do we hear a second?
Mrs. Kennedy: Second.
Mayor Suarez: It is basically a change of a title of the Human Resources
Department.
Mr. Odic: Mr. Mayor, you have done this prior but the City Attorney consid-
ered that it should not have been passed as an emergency ordinance so, there-
fore, we -re coming back.
53 January 23, 1986
Mayor Suarez: So it is a second reading, the other one constitutes the first
reading, this will be thn second reading.
Mr. Odio: The only change in this ordinance fs that we took out Affirmative
Action Unit and put it under Internal Audits and Review.
Mayor Suarez: We have a motion and a second. Any further discussion from
the Commission? Please call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING SECTIONS 2-266, 2-267, 2-268, 2-
269, 2-278 2-282 AND 2-283 2-285 OF DIVISION 20,
ENTITLED "HUMAN RESOURCES DEPARTMENT," OF CHAPTER 2,
ENTITLED "ADMINISTRATION," OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE NAME OF
THE HUMAN RESOURCES DEPARTMENT TO THE PERSONNEL
MANAGEMENT DEPARTMENT; CONTAINING A REPEALER PROVI-
SION AND SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of January 9, 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 Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATE➢ ORDINANCE NO. 10076.
The City Attorney read the ordinance into the public record and an-
nounced that copies were available to the members of the City Commission and
to the public.
23. WITHDRAW FIRST READING ORD. REGARDING COMPENSATION OF ZONING AND PLANNING
BOARD MEMBERS.
Mayor Suarez: Item 39, this is my item and at this point I will withdraw the
Item and let me say why. This had to do with taking away compensation from
the Planning and Zoning Boards.. I still believe that certainly the insurance
element of what they receive for serving on those boards should probably be
examined and I will request of the City Manager that we get some sort of an
estimate of how much that is costing the City, but in view of some of the
other cuts that we have made and the City Manager has implemented and the way
we have proceeded to consolidate, streamline and save taxpayers" money this
would be a minor item in comparison. I have gotten a lot of public feedback
against this from people who serve on these boards and from other citizens and
In view of that I will simply withdraw the item. And really, in effect, I"m
commending the efforts that you have already put into simplifying the City
administration and saving the taxpayers a great deal of money, Cesar, and in
view of all that, this is really a very minor item in comparison so there is
no need to dwell on it.
Mr. Odio: I'm glad you agreed with my salary.
Mrs. Kennedy: I agree and I am with you on that because these people do put a
lot of hours and the City really doesn"t save that much so I-m glad to hear
that, having served on many boards before.
Mayor Suarez: Okay, the item is withdrawn. Yes, Ernie.
54 January 23, 1986
Mr. Ernie Fannatto: I would just like to make a statement. I'm glad you ...
Ernie Fannatto, President of the Taxpayers of Dade County.
Mayor Suarez: Are you going to say you agree or disagree with what we just
did?
Mr. Fannatto: I agree with what you did and I think that it was a statement
that is beneficial to the community. When you take money for compensation you
have a responsibility and this responsibility is a big responsibility here in
Dade County. It means hundreds of millions of dollars that these people have
voted on that give us tax money. Without these hundreds of millions of
dollars here in downtown the taxpayers in this City would have been paying
thousands of dollars more in taxes and I am glad you did it and I hope you
keep it, keep these people, it is investment in keeping good members.
Mayor Suarez: Thank you Ernie, let me tell you that I am not in any way
commending the members of those boards, I think that we have not gotten too
much guidance from them, I think today's meeting reflects that we really don't
get too much input. They just seem to just sort of approve whatever comes
their ways to nothing and I frankly would like to see the members of the
Zoning and Planning Boards more carefully analyze and consider some of these
things in view of the fact that we're paying them among other things and in
view of the public interest.
Mr. Fannatto: You can't be too careful with members that you appoint, but I
think that they are 100% better than what we had in the past.
Mayor Suarez: And I certainly hope that they don't act up at meetings because
we've gotten some complaints about some of the members of those boards that
might be interesting to consider and to review the way they have been treating
some of the citizens that appear before them.
Mr. Fannatto: That is your responsibility.
Mayor Suarez: Yes, it is.
23.1 BRIEF COMMENTS REGARDING OLYMPIC SAILING AT KENNEDY PARK (See label
028).
Mr. Plummer: Mr. Mayor, I have distributed to all of you, you have asked me
to give you a report on negotiations with the Sailing Place on Kennedy Park.
I have submitted this to you, an agreement that was worked out, I would ash
you during your lunch break, if you would, to review it and if you're so
disposed afterwards, we would ask for a vote to be taken on this if you concur
with the negotiation.
Mayor Suarez: We're sort of running up against some kind of a deadline, are
we not?
Mr. Plummer: That is correct, sir. So review it during the lunch period and
I'll bring it up and if there is enough people here who agree fine and if they
disagree, fine.
Mr. Carollo: What is the amount of money they are asking for?
Mr. Plummer: They're not asking for any money for themselves, Joe, it is
$100,000 of improvements to the park, not to exceed that amount. Basically
the simplicity of it is this will be on a one year temporary prior to the end
of the year there will be a three month period for an RFP to go out on a
permanent facility for which they will pay for not to exceed $200,000. So,
that is what you asked me to negotiate, the best interest of this City, that
is what I have done and we feel that it is fair and you can judge yourself
accordingly but that was the charge that I was given. So read it over during
_. lunch and if you want we'll discuss it after lunch.
i_.. 55 January 23, 1986
0
24. "JUST SAY 'NO' TO DRUGS PROGRAM" - SYMBOLIC RED RIBBO`:S ON CITY BUILDINGS
AND VEHICLES ON MARCH 12, 1986.
Mr. Carollo: I have been requested to bring up an item for the City of Miami
to participate in the "Just Say No to Drugs Program". The Red Ribbon Council
is having their "Say No to Drugs" Day on March 12. The City already is going
to participate in some other areas but what they are requesting is that the
City displayed, like all the other governmental bodies in Dade County have
agreed to so far like Metro, Coral Gables and others, some red ribbons that
will be saying no to drugs in some of our buildings and on police and City
vehicles.
Mr. Odio: Okay.
Mr. Plummer: What are you asking we do, Joe?
Mr. Carollo: Well, what their request is, J. L., that we put red ribbons in
some of our municipal buildings and our municipal vehicles, police and others
on March 12th which will signify saying no to drugs.
Mayor Suarez: I'm sure they will provide the ribbons and there won't be any
expense for the City, right?
Mr. Carollo: The expense will be minimal, maybe a couple hundred dollars, if
that, in buying the ribbons and doing it ourselves.
Mr. Plummer: I second the motion.
Mayor Suarez: A motion has been made, seconded, proviso that it not be an
expense in excess of $200, hopefully we can get that donated to the City, I'm
sure we can. Any further discussion from the Commission? Please call the
roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-46
A MOTION EXPRESSING THE CITY COMMISSION'S SUPPORT FOR
THE "JUST SAY 'NO' TO DRUGS PROGRAM" AND DIRECTING THE
CITY ADMINISTRATION TO PARTICIPATE IN THE SYMBOLIC
DISPLAY OF RED RIBBONS ON PUBLIC BUILDINGS AND CITY
VEHICLES ON MARCH 12TH, DURING THEIR PARADE, WHICH
WILL SIGNIFY REJECTION OF DRUGS; FURTHER AUTHORIZING;
THE ADMINISTRATION TO ALLOCATE AN AMOUNT NOT TO EXCEED
$200 TO COVER ANY EXPENSES WHICH MAY BE INCURRED IN
CONNECTION THEREWITH.
Upon being seconded by Commissioner Plummer, 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.
56 January 23, 1986
25. BRIEF DISCUSSION ON COMMENTS MADE BY POLICE CHIEF DICKSON REGARDING CIVIL
SERVICE AND LABOR UNION RULES (See Label #35).
Mr. Plummer; Mr. Mayor, I assume we're not going to be able to take anything
else up before lunch. Mr. City Manager, I am given reason to believe by a
radio station that the Chief of Police has given an interview and one of the
things in his interview about the problem with the Police Department is that
his hands are tied by labor contracts and Civil Service Rules. I would hope
that the Chief would come back this afternoon and explain to this Commission,
because we are in negotiation of the labor contracts at this Lime, chose items
which he feels strongly need to be addressed to so-called quote, untie his
hands and allow the Department to proceed and this Commission can tuner
agree or disagree, but he has not made known to me, I can't answer to any
other member of this Commission, as to those areas which he is indicating. So
I would ask, if it is possible, that he come this afternoon and explain to
this Commission what he did to a radio program this morning and let us know
what he is indicating in which his hands are tied as it relates to contracts
and to Civil Service. I think it would be very enlightening for this Commis-
sion, especially since we are presently in labor negotiations.
Mayor Suarez: And I would Like a report at that time, if it is possible, on
the negotiations pending on the labor contracts that have been going on for I
don't know how many - May 1st.
Mr. Odic: Well, we are negotiating and they don't accept our offer, that is
their ... We would finalize negotiations very quickly if we accept what they
want us to give them and that is what we are...
Mayor Suarez: Well, I'd like to know what is going on. I hope you would be
around at that time also, Dick, to give us your version of what is on. Okay,
this Commission is in recess until 2:30.
THEREUPON, THE CITY COMMISSION RECESSED AT 12.70 P.M. AND RECONVENED AT
2:37 P.M. WITH COMMISSIONER CAROLLO ABSENT.
26A CREATE 13 MEMBER CITYWIDE ADVISORY BOARD FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM;
26B APPOINT INDIVIDUALS TO SAID BOARD
Mayor Suarez: Let-s go back to the items scheduled for 2:00 P.M. and the
first one is item 18 having to do with the Community Development Advisory
Board which in turn will advise the Community Development Department on block
grants. Frank.
Mr. Frank Castaneda: Mr. Mayor and members of the Commission, before I stare
talking about the Board, I think it is pertinent to let the Commission know
what is happening with the Community Development Block Grant in Washington.
Right now, at the beginning of this year we began looking at a 10% cut for
next year. The Gramm Rudman Amendment increased that cut by 6%. In addition
to that, the administration is proposing a deferral of $500,000,000 of Commu-
nity Development Block Grant Funds. That would cause a further cut in Commu-
nity Development of an additional 16% for a total cut of 32%.
Mayor Suarez: That is for the fiscal year beginning October 1, 1986.
Mr. Castaneda: Beginning July 1986.
Mayor Suarez: The last quarter of this fiscal year.
Mr. Castaneda: Yes, sir. So we are talking about a four and a half million
dollar cut unless we are able to override the deferral. The National Commu-
nity Development Association is working with other cities to inform the public
about the magnitude of this cut in order to try to override the deferral both
in the House and in the Senate. If this were to happen, that would mean that
57 January 23, 1986
there would be a M cut that would directly affect social service agencies,
our housing projects and other projects funded with Community Development,
Mr, Plummer: But how does that relate to Item 18?
Mr. Dawkins: Okay, he didn't say that, he said he was giving us information
to think wich and I'd like to know from him, on top of the 32%, what w111 that
give us a total of losing with last year and this year?
Mr. Castaneda: Well last year we didn't lose anything.
Mr. Dawkins: Well, you must have, we didn't fund everything that was asked to
be funded.
Mr. Plummer: No, please.
Mr. Castaneda: We lost money in the Revenue Sharing, not in Community.
Mr. Plummer: We lost 36% last year.
Mr. Castaneda: Right, of Federal Revenue Sharing.
Mr. Odio: Not this.
Mr. Dawkins: Weii, wuac rs the difference?
Mr. Odin: There's plenty of difference.
Mr. Dawkins: What do we fund social service programs out of?
Mayor Suarez: Commissioner, he's giving us a report on the Block Grants,
Community Development Block Grants. We didn't lose anything last year on
those, Frank?
Mr. Castaneda: No.
Mr. Plummer: But we anticipate a 329 loss this year, at least, and it could
be greater,
Mr. Castaneda: It could be greater, that is correct.
Mayor Suarez: And that's part of this fiscal year.
Mr. Castaneda: And that would be four and a half million dollars.
Mr. Plummer: Well, let'a look what we saw in the paper two days ago and that
is that in Washington they are looking towards an eleven billion dollar cut
overall and how that affects it. Then I think we need to look towards this
morning's paper and this morning, 48 hours later they are talking about a
fifty-six billion dollar cut. Now, you know, if that doesn't tell some
people the story I don't know how else, in fact, you will get it across. But
when you stop and take into consideration a 322 cut in that area, when you
take a total 100% cut i❑ Community Development, you take a three and a half
million dollar loss in our franchise from telephone company because of the
divesture, these are the things that are showing this City and all cities -
we're looking at a $15,000,000 downfall in revenue and that is not nice, but
when you're looking at Merropolitan Dade County at a sixty-two million dollar
downfall in revenue, the pressure is going to get greater on this City because
the County doesn't have the monies to provide.
Mr. Castaneda: yes, let me just add, Commissioners, I'm just talking about
Community Development right now - UDAG appears, the January 30th round will be
the last round of UDAG for this year, at least that is the recommendation of
the administration. The Housing Rehab Demonstration Program, last year the
City of Miami received $670,000 and with that we received some Section S Cer-
tificates. That is on the block for also, you see, what the administration is
doing, they're either deferring or rescinding programs and unless you are able
to get action by both houses, you know, to rescind the recession or a deferral
we're going to lose quite a bit of money.
Mr. Plummer: Look, answer the question i think in an honest fashion, and I
think an honest fashion tells you - let me ask this question to you: Next
58 January 23, 1986
year, how much... This year we received eight and a half million dollars in
Community Development Federal Revenue Sharing. How much do we expect next
year?
Mr. Castaneda: In Revenue Sharing zero.
Mr. Plummer: That"s zero, none.
Mr. Castaneda: None.
Mr. Plummer: Okay, thank you.
Mayor Suarez: Just to clarify, Community Development Block Grants, how much
do you expect that the total amount will be for next year on existing grants?
Mr. Castaneda; About nine and a half million, a decrease from fourteen
million dollars.
Mr. Dawkins: What I want you to do is be sure that these people out here
understand. When you say Social Service, we funded Social Service last year
partly from here and partly from our Revenue Sharing. So when you tell them
that you're going to have money then they expect to get funded. So you have
to tell them up front we den-t have any money. And we don't have any coming
from Revenue Sharing which we funded Social Services from and we don't have
any over here so that they will know that the Commission isn't trying to pull
their leg.
Mr. Castaneda: No, I'm calling a meeting of all the Social Service agencies
and community based organizations receiving funding under Community Develop-
ment to make them aware of what is happening.
Mr. Dawkins: Okay, thank you. Thank you, Mr. Mayor.
NOTE: Commissioner Carollo entered the meeting at 2:48 P.M.
Mr. Castaneda: On December 19, 1985, we came to the City Commission to
request the formation of a certain member city-wide advisory board for Commu-
nity Development, composed of eight members representir., each target area and
five members at large. At that Commission Meeting, the City Commission
requested us to have meetings in the communities and to get recommendations
from the different communities as to who they would want to represent their
Particular area. At those meetings it was made perfectly clear to the resi-
dents of those areas that those would only be recommendations and that the
City Commission has the final authority on all selections. This Board would
have a very difficult task this particular year because we are not talking
about increasing programs but about cutting them and always it is a lot harder
to recommend cuts than to recommend increases.
Mr. Plummer: I think you need to add to that. All right? And that is
important because we are faced with cuts. But I think that the important job
of this Committee is the job of selecting through a priority system as to
where this City can get the best money, the best bang for its buck and I think
that is very important not just to say that this Committee is charged with
cutting, that is misleading at best. I think this Committee is charged with
the responsibility of understanding how much the cuts are and where best the
City can get the best for its money on the monies that are left.
Mr. Castaneda: That's very correct.
Mr. Plummer: That is a lot different than saying that they are just charged
with cutting. So I think there are many programs that are good, some are fair
and some are not so good and this committee is charged with the responsibility
of knowing how much the cuts are and recommending to this Commission where we
can get the best thing for our money.
Mayor Suarez: Just clarify one more point. As far as Social Services, the
great bulk of our monies, when you consider Community Development Block Grant
monies or Federal General Revenue Sharing comes from the Community Development
Block Grants and not from Revenue Sharing. In fact, revenue sharing goes
approximately thirty some per cent to police services, twenty some per cent to
fire and almost twenty per cent to Sanitation - essential services of the City
of Miami. But if you are concerned with social agencies and the social
services that the City of Miami is able to provide, that is mostly with
59 January 23, 1986
11
Community Development Block Grants and that is where you have to do cne
lobbying with the congressmen to make sure that that particular item is not
reduced because that really will affect the social services that we render to
an enormous per cent. Now, these people were not elected or anytning, they
were just "recommended" by members of the neighborhoods?
Mr. Castaneda: Well, per the Commission instruction, we had meetings in every
target area and we asked the participants at those meetings which person they
would want to recommend to the City Commission to represent their particular
area. As you can see, the turn out in the areas varies from very large to
very small.
Mr. Plummer: Are you telling me that in Allapattah that Mariano Cruz got 400
of 400 votes?
Mr. Castaneda: That's correct.
Mr. Plummer: There was not a negative vote at all? Orlando, buena suerte.
Increible! That is really the democratic process — 400 of 400.
Mayor Suarez: Just out of curiosity, is Mariano Cruz here? I see his wife.
Mrs. Kennedy: Just hope that he doesn't run against you next time.
Mayor Suarez: we'll put him on this board with the proviso that he not run
for the Miami City Commission, certainly not for Mayor. These are the people
recommended after duly constituted meetings, public notice being given to the
neighborhoods and so on?
Mr. Castaneda: Yes, sir.
Mayor Suarez: In what form? The typical way that we advertise?
Hr. Castaneda: Through advertising and there were also a couple of articles
in Diario Las Americas, Miami Times and so forth on the meetings.
Mr. Plummer: All right, let me tell you what bothers me and I just want to
raise this point. When you go to the downtown area, why is there only three
of four, there are only four votes. Are you telling me there are only four
people that are that much interested in the downtown area that attend meet—
ings? Then I've got to tell you that we need to change that Committee. Tnat
doesn't make sense to me, I'm sorry. And when you go down to Edison Little
River, now those people are very active and you're only telling me that eight
people took the time to vote? Something is wrong. I don't know what it is,
but Kathy, my God, you know, how many people do we have here from the Downtown
Merchants' Association, from the people of the downtown area and you're
telling me that only four people decided to make a vote. That doesn't make
sense to me.
Mrs. Kennedy: If you look down to Overtown, there were no nominations nor
Legumes submitted.
Mr. Plummer: There is something lacking here that's not being said.
Mr. Dawkins: And in the Model Cities Area only ten people showed up
Mr. Octavio Blanco: Commissioner Plummer, do you want me to explain you
sometning on that?
Mr. Plummer: Well, you know, be my guest.
Mayor Suarez: State your name and address, please.
Mr. Blanco: Yes. My name is Octavio Blanco, 970 S. W. 1 Street. As you
know, people don't like the way the selections are prepared. They don't want
to go to an election, take the people down there to vote for them and then
they have to come down here and the Commission will accept or disapprove the
person who more votes has. You know that we've been fighting with that for a
long time. If you people are the ones who are going to decide it, why are you
going to consult the community? Why a person who gets 100 votes can have the
same consideration as a person who got one vote in his community?
60 January 23, 1986
Mr. Plummer: Well, let me give you the opposite side of the coin. Obviously,
Allapattah felt that it was important, they got 400 votes. So I would say to
You that if Allapatrah is that concerned that Little Havana, Edison and all
the rest should be just as concerned and I can only speak for one. All right?
I know those areas well. I know Allapattah, I've been there three times in
the last month. I know Little Havana, I've been there, as you know, many many
times. But I don't know whet the people themselves are expressing their
opinion any other way but voting.
Mr. Blanco: Well, as you know, most of the people in Little Havana in every
sector, they disagree. They have to go and spend a whole night there, vote
for a person they like and then even if the person got a hundred against one
vote, even without any person down there...
Mr. Plummer: Octavio, whether you like it or you don't, that is the process.
This Commission will always reserve unto itself the final decision.
Mr. Blanco: It was not that way before, if you remember.
Mr. Plummer: Well, maybe there is a new day.
Mr. Blanco: Well, this is what happened. This is the day. proof of what is a new
Mayor Suarez: I you and I guarantee all of you who have been
Involved in this process that if this Board is constituted and makes recommen-
dations to this Commission we will - certainly I speak for myself, and I
believe I speak for the rest of the Commission, we will pay a great deal of
attention to your recommendations and try, as much as we possibly can not ro
override them. I see a lot of names of people that I've known over the years
to be very much involved in the various communities and I think it looks like
a very interesting Board that could help us a great deal. We do retain the
ultimate power, but we are going to have a lot of tough decisions to make in
relation to Community Development applications, Block Grant Applications and
It will be useful to have the Input, Commissioner Kennedy?
Mrs. Kennedy: Yes, I would like to see by a show of hands, the number of
people present who are opposing the way the elections were done. And those iu
favor?
Mr. Plummer: Well, let me speak for one as far as I'm concerned.
Mayor Suarez: How many of the candidates are here, if I may, Commissioner?
How many of the candidates are here? How many of the people, would you raise
your hands, the people that are nominated? Five.
Mr. Plummer: Are we speaking, Mr. Mayor, of the candidates or the people who
have been selected?
Mayor Suarez: The nominees.
Mr. Plummer: The nominees in Local• Well, let me just speak for one. I'm
going to tell you that as far as my vote is concerned I am voting for that
am.
representative that the people of that community selected. Now that's where I
Mayor Suarez: Let me ask you a question, it sounds like they all didn't raise
their hands, the ones that were involved in the process.
Mrs. Kennedy: Along those lines, the person that I nominated is here and I
see that she is upset because apparently you want to speak, Gloria. But I
feel that if we hold elections we have to let the people chose the person they
want to be represented. So I also go along with Mr. Plummer in that respect.
Mr. Plummer: Let me understand. What you are about here is item 19, not 18.
Mrs. Kennedy: Right.
Mr. Plummer: Okay. So, Mr. Mayor, whenever you arm ready I am willing to
make a motion that on item 19 that we accept those people selected by the
individual groups within the community and I will so make a motion whenever it
is in order.
61 January 23, 1986
Mr. Castaneda: Mr. Mayor and Commissioners, could I suggest that in the
Overtown Area we permit the Overtown Advisory Board that was constituted by
the City Commission to elect one member to that board?
Mr. Plummer: As far as I am concerned, they have a spot in that Board and as
soon as they can constitute an election among themselves, here again, 1 will
vote for that person who they recommend to this Commission.
Mayor Suarez: There is one person there that there is no confirmation that
the person lives in the area and with the condition that until that gets
resolved we may hold that spot open.
INAUDIBLE COMMENT
Mayor Suarez: Yes.
Ms. Cathy Leff: These are all the nominees and these are the ones who were
recommended: Mariano Cruz, Frankie Rolle, Jack Kuper. There is a typo 1n this
neighborhood.... Jose Villalobos was recommended in Little Havana, Cornelius
Allen in Model City, and Dorothy Quintana in Wynwood.
Mayor Suarez: Okay, the only top ones at each list, for each neighborhood are
the ones nominated.
Mr. Plummer: Are either or both of Sandy Hall and Paula Campbell Stone here?
Mayor Suarez: Sandy is here.
Mr. Plummer: Is Paula Campbell Stone here?
Mayor Suarez: Looks like she is going to be your alternate, Sandy.
Mr. Dawkins: I move that Sandy Hall has been active and I-ve seen him down
here every time there is anything and I move that Sandy Hall be selected out
of the two with the tie vote.
Mr. Carollo: I second that motion.
Mayor Suarez: So we have a double motion?
Mr. Plummer: Well, my motion now is with Sandy Hall in place for Edison
Little River and the understanding that in Overtown they will select and
nominate to this Commission, that we accept all of the other winners that have
been presented to us here today.
Mayor Suarez: It has been moved and seconded. Any further discussion from
the Commission? Call the roll.
The preceding motion of intent was passed and adopted by a unanimous vote
of the City Commission.
Mr. Plummer: Now what do we do about 18?
INAUDIBLE COMMENT
Ms. Hirai: Would you please state it in the public record, please.
Mr. Castaneda: We are not finished with item 19, you have just selected 8 of
the 13 members. Now there are five members at large which there have been no
votes on them and they are completely at your discretion.
Mr. Plummer: So then you're asking this Commission, each one of us appoint
one member to that board, is that correct?
Mr. Castaneda: Yes, sir.
Mr. Carollo: In other words out of the names that you have here, you want us
to chose one member each?
Mr. Castaneda: You could select somebody other than, you know, these are the
names that we have received.
62 January 23, 1986
Mr. Plummer: But where did these names come from?
Mr. Castaneda: People submitted names to the administration that they wanted
to be considered as part of the board.
Mr. Carollo: Okay, well I'm going to pick out of that list that presenting to us, I'm going to nominate Cari de Leon. you're
Mr. Dawkins: I nominate Willie Calhoun.
Mrs. Kennedy: I'll nominate Maria Elena Torafto.
Mr. Dawkins: They just overlook her husband, Pantin.
Mrs. Kennedy: Maria Elena Torafto Patin, etc., etc.
Mr. Carollo: One for Miller.
Mayor Suarez: I don't see his name up there, but I nominate Mr. Fonseca.
He's here.
Mr. Castaneda: What is his first name?
Mr. Plummer: Which Fonseca? That Fonseca.
Mayor Suarez: He is a very active member of the business and general communi-
ty.
Mr. Plummer: Are we bound by these names?
Mr. Carollo: No.
Mr. Plummer: I nominate Luis Sabines. If he will not accept, I then nominate
Isidoro Rodriguez. But I nominate first Luis Sabines.
Mr. Dawkins: He don't speak no English, somebody ask hi.-,
Mr. Plummer: Luis?
Mr. Dawkirs: Tell Luis to come down here and tell me what he is going to do.
Mr. Plummer: Where is Pelon? pelon, For favor, venga. Usted... Okay, Luis
Sabines.
i
Mayor Suarez: The nominee is Luis Sabines. We've got five nominees, I'11
accept a motion to close off nominations.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Please call the roll on the motion to close nominations.
The preceding motion to close nominations was passed and adopted by a
unanimous vote.
Mayor Suarez: Now, on the motion itself. yes, Frank.
Mr. Castaneda: Now we also have to get rid of Item 18. 18 is cancelling the
old process which has being replaced by this one which you have just passed.
Mr. Plummer: So 18 is to eliminate the old process?
Mayor Suarez: 18 is implicit in what we're doing now.
Mr. Plummer: So move.
Mrs. Kennedy: Second.
Mayor Suarez: Okay, we're taking it is a joint motion to eliminate the
preexisting process and proceed as we have....
63 January 23, 1986
Mr. Plummer: No, you can't do that, you've got to do them individually, Pm
' sorry. (Inaudible cement from audience) Tnank you, sir, I didn't know you
were on my payroll.
Mayor Suarez: All right, we'll take it as an individual motion.
Mr. Plummer: Mr. Mayor, to take it in proper sequence, I will now move item
18 in proper sequence and I so move.
Mrs. Kennedy: Second.
Mayor Suarez: Moved and seconded. Any further discussion from the Commis-
sion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-47
A RESOLUTION RESCINDING RESOLUTION 82-560, ADOPTED
NNE 7, 1982, WHICH HAD ESTABLISHED A 21 MEMBER
CITYWIDE ADVISORY BOARD FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM; FURTHER CREATING A 13-MEMBER
CITl`.::L:. '--' BO,iRD FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM, SETTING FORTH THE METHOD OF
APPOINTMENT AND COMPOSITION OF SAID BOARD AND AUTHO-
RIZING THE CITY MANAGER TO ESTABLISH GUIDELINES AND
PROCEDURES FOR THE FUNCTIONING OF SAID BOARD.
(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.
Mr. Plummer: I now move 19 as selected by this Commission.
Mrs. Xennedy: Second.
Mayor Suarez: Moved and seconded, any further discussion, please call the
roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-48
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO THE 13-
MEMBER CITY-WIDE COMMUNITY DEVELOPMENT ADVISORY BOARD,
IN ACCORDANCE WITH RESOLUTION 86-47 ADOPTED BY THE
CITY COMMISSION ON JANUARY 23, 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-
64 January 23, 1986
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. PI ummer: Mr. Mayor, if I may, let me say to the people who are selected
by this Commission, you are charged with an awesome responsibility. It is
always easy to be a member of a committee when you are giving things away and
you are helping people. It is conversely twice as difficult to make people
understand when dollars are short that we are trying to get what we can do
best for this community with the dollars available. I charge every member of
this Committee with the responsibility that this City Commission is looking to
you to make recommendations to us how this City can best spend its money in
your individual community and overall for the City. I hope that you very well
remember that.
Mayor Suarez: Thank you, Commissioner, and thanks to all of you who partici-
pated in this process and hopefully we will get some very worthwhile recommen-
dations from all of you.
27. DISCUSSION ON CREATION OF NEW DEPARTMENTS OF DEVELOPMENT AND INTERNAL
AUDITS AND REVIEWS. (See label 02 and l/3)
Mayor Suarez; A gentleman who was a candidate for Mayor of the City of Miami
and an activist in the City of Miami who wanted to speak to an item before,
Wellington Rolle, would you make a short presentation on the items that you
were not able to be present for. I know you're going to tell us that every-
thing we had done is illegal and unconstitutional and against the Charter,
but...
Mr. Plummer: Illegal, immoral and fattening.
Mayor Suarez: And wrong besides.
Mr. Wellington Rolle: Mr. Mayor,my name is Wellington Rolle. I live in the
City of Miami. I have just a couple of concerns and I thought I was getting
here earlier around tenish but the agenda moved sort of swift this morning.
The items I was concerned about was item 33 and 34. And I think, as you
recall, on the agenda of January 9th, the last meeting, we raised the concern
about the whether or not those particular items were, indeed, emergency items.
I certainly would like to raise that same concern here today and maybe at some
Point in the future 1'11 try to make arrangements to have some conversation
with Manager Odio to share some of my other concerns, but the two items that
are on the agenda at this point in time simply do not conform to the require-
ments and the rules and I want to make this a part of the record so that we
aren't able to resolve this matter or that this Commission elects not to
revisit these particular items, then, of course, we would have to resolve this
matter in the other means that are possible land that are available that any
citizen might have in coming before this Commission. Mr. Mayor, may I ask
whether or not it is appropriate to ask this Commission to reconsider these
two matters 33 and 34?
Mayor Suarez: Well, it was a public hearing and we accept your comments and
any suggestions you might make. It doesn"t mean necessarily that we'll act on
them.
Mr. Rolle: My question is would it be appropriate to request at this time
that the Commissioners here reconsider these items that you indicated they
voted on in the affirmative this morning?
Mayor Suarez: Why do you think they're not emergency items if we have been
Informed that we've got a budget deficit projected that could be anywhere from
$10,000,000 to $20,000,000 and these reforms have been shown to very possibly
65 January 23, 1986
lead to a savings as high - I know one of the newspapers estimated as nigh as
$10,000,000 if you take them all collectively?
Mr. Rolle: Mr. Mayor, I would be one of the first to commend Manager Odio for
that type of austerity and, you know, in suggesting those types of programs.
My concern, Mr. Mayor, is that these do not fall within the four corners of
the law. And if we're talking about what constitutes an emergency, we're
talking about a public emergency which you...
Mayor Suarez: The wording that we talked about last
wording again? time, what was the
Mr. Rolle: It is a public emergency affecting life, health, property and
public safety, a public emergency. That is the language that this commission
must abide by and I might say one other thing, Mr. Mayor, is that this matter
came up once before whereby this Commission put on the ballot the question as
to whether or not this Commission would be bound by the rulings of the City
Attorney and that particular item was voted down because if the attorney gives
you a wrong ruling I think it puts the Commission itself and the City of Miami
in certainly an untenable position.
Mayor Suarez: In fact, I believe I remember in regards to one of these items
asking for a legal opinion in writing, did I not? Did we not ask for a legal
opinion in writing?
Mrs. Dougherty: On the question of the emergency?
Mayor Suarez: yes.
Mrs. Dougherty: I don't recall, I didn't write one if you did.
Mr. Plummer: No, be asked at the last meeting whether or not those items
which were for the uniting of different departments were, in fact, a true and
honest emergency. He asked for you to provide him that in writing. You then
subsequently came back in one department, as I recall, in two, and said that
these were not anything but a name change, that-s all they were, and did not
affect, and Wellington was right, that, in fact, then were nothing but a name
change and there was no justification of an emergency. But the Mayor did ask
you at that time to give him a legal opinion in writing as to whether or not
they were an emergency and obviously, you ruled that they weren't.
Mayor Suarez: By negative implication of the opinion that told us that two of
the items were not emergencies because they were name changes and in effect
she was telling us that the other ones were, maybe I would have liked some-
thing a little bit more extensive on that point because we are always con-
cerned about you filing a lawsuit against us, frankly.
Mr. Rolle: One final comment, Mr. Mayor, and I read this in this paper Miami
Today.
Mayor Suarez: Yes, it was the situation with the need to save money in our
budget is really the justification for the emergency and I have to admit that
the wording of the ordinance and the Charter could be understood not to cover
this kind of situation, Wellington.
Mr. Rolle: This last comment, Mr. Mayor, I read in this edition of Miami
Today which is January 23rd, and this particular ordinance, according to a sub
headline in the paper says that a $50,000,000 bond issue is a part of this
particular ordinance and I certainly did not hear...
Mayor Suarez: No, we clarified that this morning. I'm sorry, you were not
here at the time, I was the first person to ask about that because I saw that
study of 25 pages that made reference to a $50,000,000 general obligation bond
issue. That will have to be approved by all the voters of Miami in any event.
Mr. Rolle: Thank you very much, Mr. Mayor.
Mayor Suarez: Thank you, Wellington.
:! Ms. Mary Hill: Mr. Mayor, excuse me, may I be recognized to say a little
something, since this issue is back up?
66 January 23, 1986
Mayor Suarez: On which, I'm sorry?
Ms. Hill: On 34 and 35, and we had quite a few more, but just particularly
those two. I an Mary Hill, As you know, all. And these issues, as stated
here, as I want to say it today, and I want to make it sure and I want this to
be on the record, that this ordinance that I see here is not the right ordi-
nance from the original. It seems as if tnere are usurps, what have you, that
is taken and put in a different form here at the local 1eve1. Now, as being
the founder of the program in the White House, I did write proposals and
outlines of guidelines which is constituted and signed into law, created,
funded, which you are too talking about. This is why we're having the cuts
here.
Mayor Suarez: Yes, the agenda only has a paraphrasing of each of the items
that we're going to vote on and sometimes it can be confusing. You have to
Set the background to go with the agenda, and if you request it in advance
we'll make that available to you.
Ms. Hill: I appreciate this because all I see here today and right doun to
this Commission Meeting especially today, we are not making a new day. We are
making a fragmented approach right on and this we are watching which I am to a
federal agency.
Mayor Suarez: If you advise us in advance, we will get that information to
you.
28. AGREEMENT WITH THE UNITED STATES YACHT RACING UNION FOR TEMPORARY TRAIN-
ING SITE FOR OLYMPIC SAILING TEAMS AT KENNEDY PARK (See label lt23.1)
Mr. Plummer: Mr. Mayor, once again, I ask if all the members of this commis-
sion have had the opportunity to read that which you have instructed me to do
in reference to the Olympic sailing and at any time now or at any time else,
if you wish to pass it or ask questions, it is this Commission who has asked
the urgency of getting this passed. I am ready at this time or at any other
time to make a motion that this agreement be accepted. Now, Mr. Mayor...
Mayor Suarez: The only clarification I would have sought from you, and I
believe it is clarified in Section 3, for purposes of those who are here and
may not know this, the monies requested will not come from the General Fund,
it will come from a Marinas Enterprise Fund, is that pretty much the fund
created by Dinner Key?
Mr. Odio: Yes, sir.
Mr. Plummer: That is correct, sir. And understand, that those monies which
are going to be expended are natural improvements to the park whether we did
anything with this organization or not.
Mayor Suarez: Such as?
Mr. Plummer: Well, this will be to the bulkhead, it will be to the docks and
to that particular kind of situation.
Mayor Suarez: And the Enterprise Fund for the Marinas is set up so that it
can be for all the marinas?
Mr. Odio: We can borrow from that fund to the other one.
Mayor Suarez: Although most of it is created from Dinner Key's operation, is
it not?
Mr. Plummer: Dinner Key, Miamarina and the Monty Trainer Docks which we own.
Mr. Odio: Right.
Mr. Plummer: Mr. Mayor, at this time, I offer a motion, if it is in order and
- no one has any objection, that that which is related to the ordinance or
resolution that was offered earlier this morning relating to the Olympic
Sailing Trials be accepted by this Commission. I so move.
67 January 23, 1986
r]
Mayor Suarez: So moved, do we have a second?
Mr. Carollo; Second.
Mayor Suarez: 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, 86-49
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
USE AGREEMENT WITH THE UNITED STATES YACHT RACING
UNION TO ESTABLISH A TEMPORARY TRAINING SITE FOR
OLYMPIC SAILING TEAMS ON THE SOUTHEASTERLY PORTION OF
DAVID T. KENNEDY PARK ADJACENT TO BISCAYNE BAY; SAID
USE AGREEMENT_ TO BE FOR ONE YEAR CANCELLABLE BY THIRTY
DAY NOTICE UPON DETERMINATION OF A CITY NEED FOR SAID
PROPERTY BY THE CITY COMMISSION AND FURTHER PROVIDING
THAT THREE MONTHS PRIOR TO EXPIRATION OF THE AGREE-
MENT, THE CITY, AT ITS OPTION, MAY ISSUE A REQUEST FOR
PROPOSALS FOR THE DEVELOPMENT OF A PERMANENT TRAINING
CENTER AT THIS SITE, SAID USE AGREEMENT TO CONTAIN THE
STIPULATION THAT THE UNITED STATES YACHT RACING UNION
SHALL SUBMIT A PROPOSAL RESPONSIVE TO THE CITY's
REQUEST FOR PROPOSAL; AND FURTHER ALLOCATING $100,000
FROM THE MARINAS ENTERPRISE FUND FOR THE COST OF
SHORELINE AND DOCKING RESTORATION IN CONNECTION WITH
SAID TEMPORARY TRAINING SITE.
(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.
29. DISCUSSION OF BILL OFFERED BY STATE SENATOR GWEN MARGOLES REGARDING TAX
MILL.
Mr. Plummer: Mr. Mayor, may I conclude one other business that you had asked
me? As Chairman of the Committee between the DDA and - where is Clark
Merrill - between the DDA and the Off Street Parking authority. One of the
most important things, Mr. Mayor, that we need to do is to approach the
legislature in reference to getting the half mill ad valorem tax removed from
within the 10 mill cap of this City. It is my understanding that Senator Gwen
Margoles is willing to offer such a resolution. I would move at this time,
that this City Commission strongly back and urge the passage of the bill
offered by Senator Gwen Margoles to remove the DDA's from within the IO mill
cap, and I so move.
Mayor Suarez: It has been moved, do we have a second? This item was dis-
cussed at the DDA Board and actually there was a request to have more feedback
from the members of the authority and from the merchants downtown and the
property owners but I don't think there was generally any negative feeling, at
least at the inception of this whole discussion so I'm ready to vote on your
general statement and request of the legislature.
68 January 23, 1986
FJ
Mr. Plummer: well, understand fully, Mr. Mayor, what this is not addressing,
what is going to halpen with the DDA and the Off Street Parking Authority to
the future.
Mayor Suarez: Just gives us the authority to exceed the 10 mill cap,
Mr. Plummer: This only gives the money available.
Mr. Dawkins: What I would like to know, before anybody votes, if you remove
the half mill from the ad valorem taxes now, where are you going to stick It?
Mr. Plummer: No, sir, it will go back to where it was two years ago.
Mr. Dawkins: Where was that?
Mr. Plummer: Outside as a special district for the people of the downtown
area who are the ones who were the beneficiaries. The problem is that for
some reason, in the wisdom of the State Legislature, they incorporated that
half mill under the 10 mill cap which then created the problem of $670,000 out
of the General Fund. I am not speaking as a committee chairman to urge you to
do anything at this time as to the merge or not of the DDA and the Off Street
Parking. I am merely urging you to back this to take it back out from under
the 10 mill, put it back where it was previous in a special taxing district so
those people who are paying that tax are the beneficiaries and the recipients
of those monies. They have agreed to tax themselves outside of the 30 mill
cap. Understand, this is my recommendation as your Chairman of that Commit-
tee. I am not in any way speaking for or against, but I think personally it
is a good issue.
Mr. Dawkins: The only thing I don't want is for it to be given back to me as
a taxpayer in some other form as an assessment, as a tax or anything. That is
all I'm saying.
Mr. Plummer: Commissioner Dawkins_ for the question that I know the answer,
do you live or own a business in the CBD?
Mr. Dawkins: I do not own anything.
Mr. Plummer: you will not be.
Mr. Dawkins: But I do not own the Hyatt Hotel either.
Mr. Plummer: Commissioner, you would only be taxed or assessed if you are
within the CBD.
Mr. Dawkins: Mr. Plummer, I sit up here and if we don't spell it out...
Mr. Plummer: It is spelled out.
Mr. Dawkins: Okay, spell it out and put it in writing and you've got me. But
under no circumstances at all will we the taxpayers have to pick up whatever
the DDA or anybody else down there in that organization run up as a bill,
you've got me.
Mr. Plummer: Okay, what I'm saying to you is this is the same as it was two
years ago to take it from within the 10 mill cap of the City and put it back
out - if the people of that district suddenly decide they don't want it, they
don't pay it and they have it removed.
Mr. Dawkins: Okay, thank you, that's the part I want spelled out. Okay,
thank you.
Mayor Suarez: I have an additional question that may be related to commis-
sioner Dawkins. Suppose, Madam City Attorney, that we decided to change the
Downtown Development Authority, now funded by a special taxing district that
doesn't come under the millage cap and change its name and its purpose to be
city-wide and the Miami Development Authority even though the funds are coming
from a special taxing district. Would that be legal?
Mrs. Dougherty: No, the answer is you couldn't make it city-wide because the
purpose of the Special Act was for downtown development. In fact, to so
69 January 23, 1986
Change the character of their powers ability to tax at all. may mean that you would lose their
Mr. Plummer: The other side of that coin, you could do wnat the Mayor is
saying but then it would be contrary to what Commissioner Dawkins is saying,
is that those people who would be the recipients would have to be assessed.
And right now, that special taxing district only speaks to the CBD.
Mr. Dawkins: Let me give the Mayor and Mrs. Kennedy a little history as to
.by I feel like I feel. They had the special taxing district downtown then
took all the money out from down there that they could cake then they advanced
a special taxing district to Brickell Avenue. And when they advanced it to
Brickell Avenue, why? Because we've got all these structures on Brickell
Avenue which could be taxed. So I said, if you can move it north of Flagler
Street to Brickell Avenue then you can move it from the middle of 5rh Street
to 20th Street in Overtown. Then they said to me, "Oh, no, you have to go to
the Legislature to get this done" and I said, "Well, how can you move it on
Brickell without going to the Legislature and you can't move it on 5th Street
without going to the Legislature?" Now, all of a sudden, they're going to
say, "Well, we're going to take it out the 10 mill cap and all." To me, it is
a hidden agenda and I don't understand it.
Mr. Plummer: Commissioner Dawkins, let me remind you that, nd please don't
a
misunderstand my remarks, you charged me as a Chairman of a Committee investigate, ned_:!_ : ,: ,! _.-g back which I nave done. Let me remind youco
, that it was not the DDA who imposed themselves upon the Brickell, it was the
Brickell people who demanded to be included in the DDA and could not b included in the DDA until they had a referendum of the voters or the propertye
owners of that district.
Mr. Dawkins: There was no referendum I don't think, Mr. Plummer.
Mr. Plummer: Now, the controversy that came before this Commission was in the
expansion of the members of the Board. At the same time that the Brickell _ Avenue people decided to vote upon being included in the DDA and taxing
themselves, they said look, we want representation. We're paying part of the
bill, we're entitled to representation. That is when this Commission, in its
wisdom, increased the DDA up to 19 members. So what I'm saying is it is a two
part process, that before an assessment could be placed on anyone else or the
boundaries be moved, (1) they would have to petition the DDA to instigate such
action; (2) they would have a vote of the property owners within that district
as to whether or not they wanted it. Here again, please, don't put me in a
position that I'm recommending one way or the other, you asked me to negotiate
it, I have done such and I am reporting back to this Commission — the spirit
Of negotiations is, here again, I think the key important fact is not what is
to be the future of the DDA and the Off Street parking Authority, but to take
those monies that they will no longer have to be paid out of the General Fund
and exclude them from the 10 mill cap. That was some $760,000 last year. So,
all I-m saying is I guess I an urging you to support Gwen Margoles' bill
before the Legislature to remove it out from under the 10 mill cap, it is only
assessed against those people in that district and then we will have something
to argue about after that takes place.
Mr. Dawkins: Anybody here from DDA?
Mayor Suarez: Before we get into that, I want to ask just very quickly for
clarification — when is the Legislature meeting?
Mr. Plummer: April and May.
Mayor Suarez: We -re really not up against any deadline, if it was up to me, I
would like to take a little more time to consider this.
Mr. Plummer: I have no problem with that, Mr. Mayor, at all.
Mr. Dawkins: Before we do that though, for the DDA. We're saying remove you
could not support
from the 10 mill cap and put you out on your own. Now, it is obvious that you
yourself on your own when you require ad valorem tax to go
under the mill. Now, if they take you out, can you support yourself? And if
you can, why are you getting ad valorem taxes now?
70 January 23, 1986
WNW
Mr. Peter Andolina: The ad valorem taxes, had we been able to assess the full
half mill this y;ar would have generated over 1.3 million dollars.
Mayor Suarez: No, he means, you're talking about from a special taxing
district, ad valorem taxes. He means that you took from the General Fund last
year to complete your budget because you couldn't have a special taxing
district.
Mr. Plummer: Well, it was half and half, Mr. Mayor. It was half from the
General Fund and half from Off Street Parking Authority.
Mayor Suarez: But you got monies from the General Fund. Now, we have done
one thing, Commissioner, that I guess you could say shows some amount of
initiative by DDA, they've contracted with none other than the Off Street
Parking Authority to receive $300,000 for services to be rendered to the Off
Street Parking Authority which is the entity that makes so much money - about
$3,000,000 a year, and they will be doing studies for the Off Street Parking
Authority. So one of these is definitely feeding on the other one and that is
why I had initially asked for the entire consideration of the possibility of
merging but that was how they resolved part of the problem this year was with
the $300,000 contract.
Mr. Andolina: May I point our also that if this legislation is approved, that
each year we still have to come before the City Commission who will set the
millage anywhere up to .5 mills.
Mayor Suarez: That is a very important clarification.
Mr. Plummer: And control the budget.
Mr. Andolina: And control the budget, definitely.
Mr. Plummer: Yes. Do you want this deferred, Mr. Mayor?
Mayor Suarez: I"m thinking that I would because I have this idea that we can
establish linkages between downtown and the neighborhoods to figure out a way
to get, in effect, the Downtown Development to he,p in planning our neighbor-
hoods a little bit more and in developing our neighborhoods and the possibili-
ty of a Miami Development Authority as opposed to a Downtown Development
Authority is just one that occurred. And I would like to have a little more
input.
Mr. Plummer: I have no problem with the deferment, Mr. Mayor, I have made my
report to the Commission and I don't want anybody later on to say I"m not
doing my job.
Mayor Suarez: And in fairness to your work and to Senator Margoles' disposi-
tion to help us with this, you know, and I will say the directly, we are very interested and same thing to her
out with this very grateful that she wants to help us
legal initiative in the Legislature and we may very well come
back to her in about a month or so. I don't want to foreclose that possibili-
ty and I don"t think you're foreclosing it either, are you Commissioner?
Mr. Plummer: Well, I would hope, Mr. Mayor, that the Manager would schedule
it on the next agenda.
Mayor Suarez: Yes, that is a great idea. Please do, Mr. City Manager, when
you finish reading that book.
Mr. Plummer: To finalize, Mr. Mayor, I will be meeting within the next ten
days with both Mr. Kenzie and with Mr. Roger Carlton hopefully, to continue
the discussions as to the merging of the two organizations.
Mayor Suarez: I have also forwarded to all the Commissioners different
remarks made in both at this Commission and at the DDA on the possibility of
merging and the pluses and minuses and so on in the hope that they will
consider and the Committee will consider all of these. Thank you.
Mr. Plummer: We invite you to attend the meeting.
71 January 23, 1986
30. APPROVE LEUKEMIA SOCIETY TO CONDUCT CARNIVAL AT FLAGLER KENNEL CLUB.
Mayor Suarez: Item 21.
Mr. Odio: Sir, we have an ordinance in the City that any festivals that have
mechanical rides that
are more than four consecutive days require Commission
action. These people from the Leukemia Society
days. are requesting ten consecutive
Mayor Suarez: Does any member of this Commission have any problem with this
item?
Mr. Plummer: Recommendation of the administration?
Mr. Odic: I recommend it, it is for a good causa...
Mr. Plummer: I move item 21.
Mrs. Kennedy: Second it.
Mayor Suarez: It has been seconded. Any further discussion
sion? from the Commis -
Mr. Plummer: I think you must put Flagler Dog Track on notice that also under
the ordinance
that no more than two carnivals can be held in s given location
in a 12 month this
period, is one. They've got one more.
Mr. Odio: One more, okay.
Mr. Caroll.o. Frank, are you here representing the dog track or casino gam-
bling?
Mr. Frank Cohn: No, Commissioner, I'm here representing Leukemia Society.
Unfortunately, the
President is sick with the flu and cannot be here.
Mayor Suarez: It's been moved and seconded. Any further discussion from the
Commission? Call
the roll.
I
The following resolution was introduced by commissioner Plummer, who
moved its adoption:
�.
RESOLUTION NO. 86-50 ".
A RESOLUTION APPROVING THE REQUEST OF THE SOUTH
f
FLORIDA CHAPTER OF THE LEUKEMIA SOCIETY OF AMERICA,
INC. TO CONDUCT A CARNIVAL AT THE FLAGLER KENNEL CLUB,
j
401 N.W. 38 COURT, MIAMI, FLORIDA, FEBRUARY 14-23, '
1986, SUBJECT
�-
TO SAID ORGANIZATION OBTAINING ALL
REQUIRED PERMITS.
(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
and adopted by
the following vote -passed
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
I!!
F,
444IF
NOES: None.
ABSENT: None.
72 January 23, 1986
F1
31, SET PUBLIC He.ARINGS FOR POSSIBLE CREATION OF SEPARATE DEPARTMENT OF
BUILDING AND ZONING.
Mayor Suarez: Item 22,
Mr, Plummer: I don't understand that, will somebody tell me what it is?
Mr. Odio: It was requested by Commissioner Carollo.
Mayor Suarez: Representatives of the Association de Inversi0ni5tas 7
Contratistas del Clan Miami. I know we have a large group so we're happy cc
take up this item, try to clear the hall a little bit here, you always do
things in a big way, Dr. Alonso.
Dr. Alonso: I'm Dr. Alonso, my address is 1990 Brickell Avenue. I am the
President of the Association of Investors and Contractors of the Greater
Miami. We represent approximately 100 members and we are having the feeling
also of another organization and many people that are in the industry or work
in the industry of construction in the City of Miami. For the last few days,
Commissioners, we were visiting each of you. We were together with each of you
explaining the puweriul reason, the many reasons that we are coming today
here. Fundamental is to bring the Zoning Board/Department alone as a depart-
ment, to separate the Zoning Building Department, excuse me, from the Fire
Department. At this moment I want to state that we respect very much the Fire
Department but any of us architects and builders that are here, our organiza-
tion is having anything against the Fire Department. On the contrary, we
respect it very much, the Fire Department and we are very proud to have one of
the best Fire Departments in the whole United States. But in spite of Chat,
we think that it is necessary to have a Zoning and Building Department alone
for the benefit of the City of Miami and for the benefit of everybody that is
working in this industry. With me today there are many people that were
working for years in the City of Miami, some of them are living in the City of
Miami to work in Broward or in Dade County or in Hi, ieah because for the last
four years we're having many problems for our industry. We really believe and
we really appreciate very much that you consider to create the same situation
that we were having years ago, a Zoning and Building Department alone as a
unit working directly with you Commissioners for the benefit of our industry.
I have some recommendations here that I will read and suggest to you today.
our recommendation and conclusions are (1) the Department of Building and
Zoning should be separated from the Fire Department; Building and Zoning must
be a Department by itself. The Building and Zoning Department will work
professionally and independently eliminating the existing contraction of
decision and interpretation and the red tape and other problems, Secondly,
the position of Director and Assistant Director must be filled by architects
or engineers, in other words professionals in the field of construction. This
professional will have the power to make the decisions. (3) The employees
will find a. better working situation, therefore, providing service for the
public. They will be under the guidance of professionals in their field. The
decision making process will be easier and faster. The City of Miami will
also save money in uniforms now used by employees of Building and Zoning. Tne
reorganization of the Building and Zoning Department as a separate department
will bring money for the investor and investor back to the City of Miami.
They left because Department red tape and conflict made their work impossible.
The separation of the Department of Building and Zoning will save money to the
City of Miami rather than increase the budget as some people believe. We
believe very strongly that the Department of Zoning and Building must be under
the direction of some architects or an engineers, not under the direction of
another people and we certainly ask you to help us people that are in this
business to consider that. Finally, we ask you to take a position and follow
the will of the people. Building and Zoning must be a department by itself.
I am accompanied by many professionals, architects, engineers, builders,
contractors, subcontractors. With each of you we spoke long and we explained
many reasons personally and we thank because all of you gave to us that
opportunity in private to explain our situation. They are here, if you have
another question or you have any questions we are willing to answer you.
Please help us. Thank you.
Mayor Suarez: Commissioner Kennedy?
73 January 23, 1986
Mrs. Kennedy: Yes, I wanted to know the status of that study that was being
commissioned by us at the last meeting. Mr. Manager?
Mr. Odic: We are in the process, we'll have this item on the agenda of the
first meeting of March. We have 90 days to complete the study and we will have
a recommendation for the Commission and the Mayor to approve in March, the
first meeting in March.
Mayor Suarez: Suppose we were to take up this item and go ahead and consider
It fully, are we in a position to vote on it?
Mr. Odio: You can do so, Mr. Mayor, without my recommendation.
Mayor Suarez: But do we need to have a drafted resolution or an ordinance
affecting this change before we vote on it?
Mr. Carollo: you definitely would have to.
Mr. Odio: Yes, sir, you could pass a motion — I'm not the attorney, but you
would have to come back with a formalization.
Mayor Suarez: To be. formalized later.
Mr. Odio: But you also asked in the resolution you passed for me to come back
in 90 days, you would be calling a public hearing, you need two of tnem. And
this would not be considered a formal public hearing because you have to
properly advertise.
Mrs. Miriam Alonso : May I make a suggestion, please? In the last meeting
that we came, it was suggested by Commissioner Plummer that we had two public
hearings and that we wait 90 days. The people have been suffering long enough
with this problem. It is not a problem of one day or a month, but the people
who have been going every day to that Department, the employees within the
Department have been suffering not one year, not one month, not two years but
several years. I think has been a time long enough .nd I really request from
this Commission to really take a step today. I think that the message has
been loud and clear from the people who work with that Department. It has
been loud ana clear from the employees within the Department. It has been
loud and clear from the people of the community and from every one. We really
request from this Commission to take a step today.
Mr. Plummer: Well, let me understand, for the record, because it was my
motion that asked that a study be done by the administration. Mr. Odio, it
was not my idea that you would take 90 days, I think my motion spoke that it
would not exceed 90 days.
Mr. Odic: That is correct, sir.
Mr. Plummer: And I would hope that if it is humanly possible, understanding
that no action can be .taken today, that you would expedite every way keeping
in mind the Alonsos' thoughts and hopefully, I would suggest to you, sir, that
It be done no later than the Zoning Meeting in February which is next month,
SO that this Commission can have the benefit of that administration's recom—
mendation and then immediately call for the public hearings, hopefully in both
meetings in March and give the public the opportunity to see if there is any
opposition or difference of feeling. So I would hope, sir, speaking for one,
that one that made the motion, that 90 days was not the total time but not to
exceed. And I would hope, sir, that at the end of February at the latest,
that you could come forward with your recommendation so that we can schedule
the public hearings.
Mr. Carollo: Based on what Commissioner Plummer has stated, I would think it
would be fair, this middle ground for all sides, if we look at having that
first public hearing in the end of February and then having the next public
hearing in March, as early as we can in March so that this should be all over
by the first part of March, we're looking about approximately a month away, a
month and a half away at most, 45 days.
Mr. Plummer: What you're saying is that the same time that the recommeada—
tions come back be the first hearing.
74 January 23, 1986
Mr. Carollo: That'r correct. The first public hearing.
Mr. Plummer: I have no problem with tnat.
Mr. Carollo: Unless the administration could come with the recommeoda a ons
before the last meeting of February. And let me very precise publicly where I
stand. I believe that government should be the servant not the master of the
people. I think that if you look at the history of how this whole thing came
about there were some, many areas of justification. But I still feel now as I
did back then when we first voted upon this, that's why I was the sole vote
that opposed changing the Building and Zoning Department and incorporating it
into another Department. Building and Zoning is a very special area that
requires a lot of expertise. I chink that individuals in the Fire Department
that have been involved with the building and Zoning have tried to do the best
possible job they can and I think they have gone about it in a very profes-
sional manner. But I also realize by speaking not only to people that are
here and many others from the public but also from City employees that work
there that there is a great frustration for reasons that I think are clear and
obvious. And what we can't afford to do on one hand is not have an orderly
process. But on the other hand, we can't put a plug in the growth, especially
most of all and particularly the small time contractor that is the one that is
going out there and building the adequate housing, buildings that we need, for
the middle income Miamian. So I would be in favor, at the appropriate time,
to consider going back to the system that we had of having a Building anu
Zoning Department separately. But at the same time, I think that we cannot
open ourselves up to be accused of not letting everyone express their views
and I hope that the administration can finish this study in time so that we
can have the first public hearing in one of our last meetings of February then
have the next one in March being at the last meeting and the changes that we
are going to make would be implemented then.
Mr. Plummer: Commissioner Carollo, may I suggest that I think the way to
simplify that is to make a motion at this time.
Mr. Odio: Sir, may I? You don't need a motion, I'll have it here the second
meeting of February.
Mr. Plummer: No, it is not that simple. I would say that a motion would be
in order that right now we schedule the public hearings for February 27th and
March 13th.
Mr. Carollo: The 25th of February, is that...
Mr. Odio: That is a Special Meeting on Crime that was called by the Mayor.
Mr. Plummer: Excuse me?
Mr. Odio: The Mayor asked for a Special Meeting of the Commission...
Mayor Suarez: On February 25th we've scheduled a Special Meeting of the Miami
City Commission, a Special Commission Meeting.
Mr. Odio: We received the memo yesterday clarifying the date and..,
Mayor Suarez: Only devoted to the issue of crime and police deployment, etc.
Mr. Plummer: Excuse me, the Charter speaks to a Special Meeting in cases of
emergency and I'm questioning a month off as being an emergency.
Mayor Suarez: This item is not for consideration now, if you want to I'll be
happy to tell you my views on it, but why don't we go ahead and schedule the
item that you're here for.
Mr. Odin: The first reading February 27th, we'll have the recommendation...
Mr. Plummer: If Commissioner Carollo doesn't want, I'll go ahead and make the
motion to schedule the public hearings which will force the issue.
Mr. Carollo: J. L., one we could have them the 27th and the next we could
have... How many days do we have to have it?
75 January 23, 1986
Mr. Plummer: On the 13th, the next meeting.
Mr. Carollo: On the 13th. So one would be on the 27th and the other 13th and
I'll so move, J. L.
Mr. Plummer: I'll second it.
Mayor Suarez: Motion has been made and seconded. Any further discussion from
the Commission?
Mr. Carollo: I think within a span of approximately 50 days or so the whole
issue could be resolved altogether.
Dr. Alonso: Thank you very much.
Mayor Suarez: We haven't taken a vote yet. I will tell you that I will look
at the City's recommendation but I am already disposed to vote to create again
a Department of Building and Zoning. I think Miami should have one. This
might have been a very viable alternative had I thought of it in the first
instance the last time we tried to do this, and there are community groups and
organizations that have written to me and I'm willing to listen to anyone
before that next meeting, as I am willing to listen to the City's report. But
there is one in particular that made a reference to the Latin Builder's
Association having an influence on my decision in this and I strongly recom-
mend that people not tmpiy that any one organization tells me what to do,
certainly and the rest of this Commission simply come as you have done and
express to us your views and we will consider them fairly and we will have a
first and a second reading, we will have public hearings and decide this issue
and I'm glad the Commission Plummer and Commissioner Carollo have wanted to go
ahead and move along with this item. I don't think we need to wait 90 days
necessarily and I'm sure the City Manager can get his recommendations to us by
then. So we have a motion and we have a second. Ready for a roll call.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-51
A MOTION SETTING FEBRUARY 27 AND MARCH 13, 1986 AS
DATES FOR PUBLIC HEARINGS WHICH ARE TO BE HELD IN
ORDER TO REVIEW AND PROPERLY EVALUATE A STUDY WHICH IS
TO BE CONDUCTED IN CONNECTION WITH POSSIBLE CREATION
OF A SEPARATE DEPARTMENT OF BUILDING AND ZONING.
Upon being seconded by Commissioner Plummer, 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. Carollo: While voting yes, I'd like to point out that even though the
Mayor at a previous meeting felt at the time different, that he thought maybe
it should be changed to the Planning Department, I think it speak well of him
that when citizens have expressed to him another point of view that shows why
that notion was wrong and why this one made more sense. He was open minded
enough to listen to the public and come to the conclusion that they were
correct. I vote yes.
Mayor Suarez: Yes. Commissioner Carollo, if you keep agreeing with me you're
going to scare me.
a
76 January 23, 1986
11
32.A - REFER CITY MANAGER TO STUDY POSSIBILITY OF MAKING FILM FESTIVAL AN
OFFICIAL CITY OP MIAMI EVENT;
B - RELAX LIMITATIONS OF PYROTECHNIC DISPLAYS (FIREWORKS) IN DOWNTOWN AND
IN VIZCAYA FOR FILM FESTIVAL.
Mayor Suarez: Agenda item 23. Is that yours, Joe?
Mr. Carollo: No, that is everybody's item.
Mr. Odio: If I may, I want to... Natalio, before... Mr. Mayor, I visited
with Mr. Chediak and his group one time, and maybe twice, and twice I turned
them down for funding, because we don't have any funds and they are now coming
back to you, and we need to listen to their request.
Mayor Suarez: Please state your name and address for the record.
Mr. Nat Chediak: Yes. Nat Chediak, 905 South Bay Shore Drive, City of Miami,
and this is Tim Spencer In a couple of weeks, we will be receiving and
hosting a number of producers, journalists, from different parts of the world,
who will be coming into the City of Miami for an event that has become one of
the most important of its kind in a very short period of time, and which I
would like to emphasize ano point out it was fathered and is very much an
event of the City of Miami. I respect and understand the difficult financial
situation that the City faces, that we all face in fact, which is why we have
cut down our request in half. It is kind of a bare bones way of surviving,
and we would like to address to you the need for this assistance, not as
contrary to any policy that the Commission has adopted, but in virtue of the
efforts made by the Department of Commerce on the state level, and their grant
of $60,000 for economic development, and the statistics that show that 10% of
our audience, last year, and an estimated 20% this year will be comprised of
tourists and that it was proven that last year we had an economic impact on
the City Of $2,000,000. If the clippings, if the national press, if the
network exposure that the city receives were to he tabulated, it would far
exceed $500,000, and the generosity from the private and public sector, and I
am talking about companies that are facing times as difficult as the City is
facing - Eastern Airlines, for example, one of our major sponsors. If it were
not for them, we could not put on the event we are leading up to. So I come to
you now with a bare minimum request to insure that this tradition, which is
very much a part of the City of Miami, and an event totally enclosed in the
City of Miami, be allowed to exist, to flourish, to be an event that gives
pride and that draws a lot of people-s attention in a very positive way,
towards the City.
Mr. Plummer: Mr. Chediak, are you aware, sir, of the present policy of this
Commission as it relates to festivals?
Mr. Chediak: Yes, sir, which is why I am approaching our request on the basis
of the promotional value and the economic impact as has been recognized
statistically by the county and by the state.
Mr. Plummer: Are you aware of the amount of money in this year-s budget for
festivals?
- Mr. Chediak: Yes, sir, but...
Mr. Plummer: And that amount is how much, sir?
Mr. Chediak: For festivals?
Mr. Plummer: Yes.
Mr. Chediak: Zero,
Mr. Plu®er: Yes, sir. Did you approach the T.D.A. or T.D.C. for funding?
Mr. Chediak: Yes, sir.
Mr. Plummer: And how much did you get from the T.D.C.?
77 January 23, 1986
Mr. Chediak: $31,000.
Mr. Plummer: Which is the appropriate agency for promotion, that is the bed
tax, those who are the recipients of that money.
Mr. Chediak: Well, on the ocher hand, Commissioner, it is a matter of record
that our event has been considered not so much as a neighborhood or a local
event, but in comparison with Miss Universe, with the Grand Prix, an event of
international statute, it reaches far beyond the City walls, and I think that
is what we are addressing right now, and also the fact that it is very much an
event of the City of Miami and that given the support of the City, we cake
that out and we multiply it times 10, and we get the airlines and the hotels
and the restaurants, and we get everyone to pitch in and to make it possible
to happen. So we are talking promotion, and we are talking economic develop-
. went, we are not talking festival, we are not talking artistic work. We are
talking, basically, you know, promotional and economical development aspects
of our event.
Mr. Plummer: Mr, Chediak, I have been at your festivals each and every year,
Sir, I agree with you, it is a great, great, thing, but sir, we don't have any
money. Now, you can speak about economic development, and that is true, and
each one of the festivals who we have already turned down, would come under
the same category that they generate economic development, but the simple
truth is sir, that we don't have any money. Now, excuse me... so that the
legalities are addressed, at this present time, sir, this Commission cannot
even consider your request until such time as the present policy of this
Commission were to be changed. The present policy is from budget time, agreed
by, if I am not mistaken, five out of five members of this Commission, that
there would be no monies available, and at the present time, that is the
policy of this Commission.
Mr. Chediak: Well, Commissioner, that is why we addressed our request for
promotion to bring in the journalists and the producers and the directors iu
connection with looking at Miami as a site for motion picture production,
because the City of Miami was able to fund $50,000 to the Phil Donahue show in
`{ order to promote...
[. Mr. Dawkins: Mr. Mayor, Mr. Plummer, let me say something, please. You said
yourself that your budget in half, so that lets me know you are asking for too
much money to start with.
Mr. Chediak: No, sir, we just tightened our belts.
Mr. Dawkins: Well, if you had to cut it in half, you would not nave been able
to operate if you had budgeted truly. Secondly, sir, we said we have no
money. An organization came in here to put on the Sun Street Festival, saying
that it was going to bring economic development to the area. The Mayor took
it upon himself to go out and get a lot of free services to see that tnat
festival was funded and I don't think the merchants made any money at all! We
do not have any money sir, and that is it!
Mayor Suarez: Tom, let me ask you a question. Supposing that we were to find
some monies this year, and I am not meaning to imply that this Commission is
ready to vote that way. I also don"t agree with Commissioner Plummer's
statement to the effect that the policy is cast in stone for the entire budget
year, nor do I agree that we don't have the money. Obviously, we have made
- already, just in the last couple of months, substantial savings in this budget
year, and I am sure that we have some monies available, and if not, then we
could find It. But, now, supposing we were to fund this .year's festival to
the tune of whatever amount of money it might be - $25,000, $50,000, whatever
It might be, $50,000. What about next year? Could we guaranteed that next
year you would find private funding? Nave you considered, for example, the
State Council of The Arts? I am told that... Mr. Pantin told me the other day
that his wife was on their board, and they have $4,000,000 available, or some
c
figure, to...
Mr. Plummer: Mr. Mayor, that is a misnomer. I sit on the umbrella of that
i' board. They have 10% of 20%, and I want to tell you, [heir request exceeds
$5,000,000. Of the 10% you are talking about, roughly about $100,000,
$130,000, $140,000, a year, and that is the Arts and Science Council of the
`..
78 January 23, 1986
T.D.C. Mr. Mayor, may I make a suggestion, because I am a true believer that
this is a good tn'ng for this community.
Mr. Dawkins: No. Let me say something before you make your suggestion,
because I know your suggestion.
Mr. Plummer: All right, go ahead.
Mr. Dawkins: Okay, I am going to say this, and I am going to be finished.
Our director of Community Development stood up here this morning and told us
what a shortfall we are going to have in this City. Plummer said "How many
dollars are we going to lose from taxes?" We are not going to have any money,
therefore the Manager is working as hard as he can to have a surplus to cover
some of these shortages, and now, we are sitting up here saying the harder he
works, the more damn money we are going to give away! Okay?... and that
doesn't make sense to me! If he is going to work at our discretion to attempt
to find money so that next year when the shortfall comes, we do not have to
raise taxes, and if we do, it is just a minimal amount. I am with him 100%.
But I am going to say it now and I am going to be finished. If they fund one
festival, every festival that came in here and asked for money, I am going to
bring them back and move that they be funded. I mean that.
Mrs. Kennedy: Okay, Mr. Mayor, let me just play devil's advocate for a
moment, because I think that because they are last name festivals, they are
put in the same category. I think that cultural activities do more for the
City and its residents than most people realize and it is events such as this
that bring prestige, to the city and at the same time, entertain the citizens,
and should be supported. I believe we should make an effort to find the
money, and the money will be well invested.
Mr. Chediak: Again, I started out by saying that we view ourselves very much
as a City of Miami event. When Mr. Spencer said that we cut our budget, that
means that some of us who are here can afford, because, like all of you, you
have professions and businesses of your own to work for very little or no pay
at all, sir. We can afford to give us ourselves, just the way that Eastern
Airlines can afford to show some community support, not, you know, for any
artistic reason, but for the promotional value, but I wot..d like to emphasize
once more that we see ourselves very much as a City event. This is a City of
Miami event that started right here in this Commission, and thanks to your
support, and that we want it to continue that way, and we would like for you
to see ourselves in that pattern as well. When we make our first appearance,
there was a decision by the Commission not to fund Miss Universe, and not to
fund the Grand Prix, and we would like for us to be considered as has been
stated by the Commission to be considered in that company, and I think we have
earned the right, and what I am simply talking about, is really a fraction of
the support that these other activities receive, and I think it affects, in
quite a significant way, the reason why we still want people to speak about us
with a great deal of pride, and to come and visit the City of Miami, in spite
of the difficult times that we are going through.
Mr. Dawkins: I still say to you sir, and to this Commission, if they fund one
festival of any kind, I am going to bring the Sun Street festival and every-
body else in here who ask for money and give it to them, and I mean that!
Now, whether I get three votes or not, that is a different story, but I will
make that motion.
Mr. Plummer: May I make a suggestion? When is your festival, Nat?
Mr. Chediak: February 7 to 16, Commissioner.
Mr. Plummer: All right, Mr. Mayor, may I suggest, because I do believe i
this item, but here again, I have to agree with Commissioner Dawkins, because
I have tried to bo just as staunch as he has, knowing the reality. Mr, Mayor,
I think it would be appropriate that we send these people back to the Manager,
making this possibly, a City of Miami event. That would give the Manager the
impetus to go to the Host Committee, who have monies for spending. It would
give the Manager the impetus to call upon the T.D.C., of which I am a member
to try and get... we have $350,000 that has just been freed up, for promo-
tions; that if it comes from the Manager as a City sponsored event, I think
would have more weight than if you went there as a festival under the guise of
promotion, and I think the Manager can maybe, if this is to be understood that
it is a City event, could possibly help you. I am telling you that I agree
79 January 23, 1986
With COVMissioncr Dawkins. I will not vote for 10 cents for a festival, all
right, sir? But, if we want to send you to the Manager to consider this as a
City event, that the Manager has the latitude to try to pursue through his
good offices, these other areas where there are some monies, who possibly
would nave more clout than you would. I am only offering that as a possible
alternative.
Mayor Suarez; Commissioner Carollo.
Mr. Carollo: I don't think there is any question whatsoever that ibis is one
of the better events that the City of Miami has sponsored in the past, and the
job ,hat they have done with the film festival, which is really film events,
has been a tremendous job. They, have promoted Miami tremendously. In fact,
the New York Film Festival, used, I think, approximately 7 or 8 of the films
that we had here shown, and we are starting to gain a nationwide reputation,
in fact, a world-wide reputation, with the types and quality, events of films
that we are showing here. My feelings were this, and when we met, I expressed
them to you quite frankly. I told you that I felt the best shot that you had
at convincing this Commission of allocating funds for you was to put it
together in a package, of not just coming up here by yourselves like you have
done now, but of putting it together with other key events that have proven to
have a solid track record, to be a solid attraction for this City, and I
mentioned some of those to you - Calle Ocho, Goombay.., sun Street, if you
want to include it, and there were a couple of others like the Regatta, Grand
Prix, but the dilemma that I am faced with, I can certainly sit down and
consider four or five key events that have a proven track record in sponsoring
them for this City, and limit it to that. What we can't do is open up the
flood gates like we did before and f am petrified at what, rightly so, my
colleague, Commissioner Dawkins stated. I could understand what he has
expressed here, and knowing Miller like I do, you had better believe that he
is going to live up to his word! And there is no way in the world that I can
stay up here and vote for one event after another. On the other hand, if we
can put together four or five of those key events that have a proven track
record._ then that is a different story. Then, we can present it all as a
package of events that this Commission is going to sponsor for reasons that
are obvious, I think here, by some of the events that I mentioned, and limit
it at that, and no more of these small types of evc-ts that come to us where
someone all of a sudden came up with the idea they are going to nave a festi-
val and right off the bat they are, asking us for $100,000, $200,000, and no
idea how much money they are really going to need, or how it is going to be
spent.
Mr. Dawkins: I agree with Co®issioner Carollo - there may be some affairs
that have to be funded, but Mr. Manager, when you develop the criteria that
qualifies them as a City sponsored event, I want you to give it to everybody
outthere who is going to apply for money, so that when they come in, they
come in able to qualify as City sponsored event. That is all. I mean, if you
are all going to around the bush, I am going to go around it with you.
Mr. Plummer: As Father Gibson says, "If you can't come in the back door, you
come in the front." Mr. Chediak, for the record, how much are you asking of
the City, sir?
Mr. Carollo: $50,000.
Mr. Odio: $50,000.
Mr. Plummer: Is that all in cash, or in -kind?
Mr. Chediak: In cash, sir.
Mr. Plummer. In cash. Okay, just for the record, that I was asking.
Mayor Suarez: The real stuff.
Mr. Chediak: I might add that of that, about $10,000 is rent that we pay to
Gusman.
Mr. Plummer: Well, sir, that is that bad guy, Roger Carlton.
Mr. Chediak: Well, as you know, I head that up.
80 January 23, 1986
0 it
Mayor Suarez: I think we have got almost a motion to have the City Manager
review tnir and consider the possibility of making it an official City of
Miami event. I would hope that he would. I would hope that we would find
from the T.D.C., or from wherever the money. If we don't, and it cannot be
made an official City of Miami event, I guarantee you that I am willing to
incur the wrath of Commissioner Dawkins and make a motion that we fund the
festival, because I really believe that it has to go on this year and then I
will give you in effect, twelve months to figure out a way not to need our
monies next year.
Mr. Carollo: I think basically we all feel the same way, but what I am saying
is, that we are going to be facing this dilemma - I would rather face it one
time and be over with it, than face it eight, ten, twelve times, and you know
well that Calle Ocho is an event that we are all going to have a very . in
fact, I don't see how we can say no to them if we approve this now - Goombay,
when they come back, and the Grand Prix.
Mayor Suarez: I guess what I am saying, Commissioner, is that whatever
criteria our City Manager comes up with, I im sure that the Miami Film Festi-
val would meet them, and let me tell you, throughout the country, they do
speak about the Miami Film Festival. It is something that we really cannot
afford to lose. You have to do this in a very short period of time, I gather,
Mr. City Manager, if this is made into a motion.
Mr. Dawkins: I want those people in my office to get a list together right
now, and I know you hear me on that speaker box in there - get a list together
for Goombay, for Calle Ocho, and for everybody and be sure when these people
come in, that they come in to be approved at the same time.
Mr. Plummer; Well, let me make the record very clear. If the Manager is to
be involved, it will be a City run event, okay? And it does not preclude the
Manager looking from the private sector. It doesn't prohibit him from looking
into the public sector, other than the City funds. Now, I don-t want you to
go away from here, thinking that you are a winner. We are merely asking the
Manager to look. There is no guarantee.
Mr. Chediak: Believe me, this is our fourth appea.ance this year. We cer-
[ainly don-t feel like winners right now.
Mayor Suarez: This is in the form of a motion and a second?
Mayor
Kennedy: We have a second, no?
f
Mayor Suarez: It has been moved and seconded.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Ma'am, we have heard from you today. Unless you are part of
this organization, there is nothing...
Ms. Mary Hill: May I clarify this, Mayor? I am a part of an organization that
needs funding for an affair.
Mayor Suarez: You have heard the Commissioners state that if we open up the
flood gates, everyone will be included in the flood!
Ms. Hill: Maria Center we will be included and not Community Development,
because that is illegal. I want your funds.
Mayor Suarez: Ma -am, we have heard from you.
Ms. Hirai: Mr. Mayor, I have a mover, I need a second, sir.
Mayor Suarez: Yes. Okay, please call the roll.
81 January 23, 1986
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 56-52
A MOTION REFERRING TO THE CITY MANAGER A REQUEST
RECEIVED FROM REPRESENTATIVES OF THE FILM SOCIETY OF
MIAMI, INC., FOR FINANCIAL SUPPORT TO THE CITY MANAG-
ER, FURTHER DIRECTING THE MANAGER TO REVIEW SAID
REQUEST AND TO CONSIDER THE POSSIBILITY OF MAKING THE
FILM FESTIVAL AN OFFICIAL CITY OF MIAMI EVENT.
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
Mayor Xavier L. Suarez
NOES: Vice -Mayor Miller J. Dawkins
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: To help them through the private sector, the answer is "yes".
Mr. Dawkins: For reasons previously stated, I vote "no".
Mr. Plummer: I understand, Mr. Mayor, that this has also been requested,
which I think is not of money, but it is a resolution relaxing the limitations
of the display of fireworks, to allow the staging of the fireworks in the
downtown Miami, until midnight on February 7th; at the Vizcaya Museum until
12:00 midnight on February 14rh for the Miami Film Festival, subject to the
issuance of a permit by the Department of Fire Rescue and Inspection Services.
Mr. Carollo: So moved.
Mayor Suarez: It has been moved and seconded.
Mr. Plummer: Excuse me - you understand that is to be completed by midnight.
Mr. Carollo: If not, the Mayor will personally come from across his home and
close it down.
Mr. Plummer: Thank God I will be out of town on that night, so I won't be
- here to nave all the residents call me.
Mr. Carollo: And J. L. will be two blocks away!
Mayor Suarez: Just so it doesn't land on my house - any of the fireworks. It
has been moved and seconded. Any further discussion from the Commission?
Please call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-53
A RESOLUTION RELAXING THE LIMITATIONS OF THE DISPLAY
OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC
DISPLAYS IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT ON
FEBRUARY 7, 1986 AND AT VIZCAYA MUSEUM UNTIL 12:00
MIDNIGHT ON FEBRUARY 14, 1986 FOR THE MIAMI FILM
FESTIVAL, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES.
(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-
82 January 23, 1986
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. Carollo: Mr. Manager, how quickly can you move on this?
Mr. Odio: Pauline Winick is meeting with them right now.
Mr. Carollo: Okay.
Mr. Plummer: Is that quick enough?
Mr. Odio: Yes.
Mr. Carollo: You can't ask more than that.
Mayor Suarez: That is pretty quick!
�." 33. DEFER CONSIDERATION OF LEASE WITH CASINO 85PANOL (VIRGINIA KEY)
Mayor Suarez: Item 24?
Mr. Odio: We were requested to draft an agreement with the Casino Espanol,
and that agreement was not to be voted on February 13th. This item was
requested by both you and Commissioner Dawkins.
Mr. Plummer: Excuse me. Why February 13ih?
Mr. Odio: Because we are trying to schedule only planning and zoning matters
on this day ...
Mr. Plummer: Is it not on the...
Mr. Odin: ... and regular items on the regular days, so we have been trying to
do that.
Mr. Plummer: Is it nor on the agenda today?
Mr. Odin: It is on the agenda as a discussion item requested by Mayor Suarez
_. and Commissioner Dawkins. I guess it is informational, but if you want to,
the draft agreement is ready...
Mayor Suarez: I could have sworn I saw a draft agreement a long time ago on
my desk — at least two months ago.
Mr. Carollo: Is there any way...
Mr. Odin: But, the reason we didn't schedule for today Commissioner, is on
these days we are crying to schedule only planning and zoning matters, so that
we...
Mr. Plummer: Well, let me ask the City Attorney — Madam City Attorney, is
there any reason that this City cannot act on this matter today. It has gone
through the R.F.P. process. It has gone through all of the processes. Is
there any reason that this matter cannot be considered by this Commission
today?
Mrs. Dougherty: I know of no reason, other than we don't have to contest...
Mr. Plummer: All right, there is only one amendment that I want to make to it
at such times that it does come up. Are we there now?
.: 83 January 23, 1986
0
Mayor Suarez: yes.
Mr. Odio: Yes, that is the item.
Mr. Plummer: There is an agreement. We sent it to the Manager to negotiate
and there was a draft that they came back with.
Mr. Odio: We have an agreement. It has been accepted by the ocner side and
we were going to present it for your vote on .February 13th, but you can cake
it up now, we have it here.
Mr. Plummer: Well, is it going to take more...
Mr. Carulio: Well, if we are going to take it on the 13th, can we make it on
the 14th, St. Valentine's Day?
Mayor Suarez: I am ready to consider this item today. I...
Mr. Carollo: It is going to be a heck of a sweetheart deal - I figure, you
know, it will be the right day for it!
Mayor Suarez: We have got, I presume the people here, and we have got the
item. We hammered this out now to the satisfaction of our staff, and we ought
to get on with it.
Mr. Plummer: Well, Madam City Attorney, the only change I want to make in the
negotiated agreement - it speaks to permits, that they must, under a certain
period of time, have permits. I think it is nine months. I think that is
unrealistic, especially state permits, and I think that the word injected
would be very proper- that application of permits must be made within nine
months.
Mr. Odio: Fine.
Mr. Plummer: In other words, what I am saying is...
Mr. Carollo: J. L., no. I think we have to come up w`ch a realistic time
tat
they should be finished, but they can put that application and we could
be, you know, waiting forever before they do what they are supposed to do.
Mr. Plummer: What I am saying, Joe, is that they have got to (they, the club)
p..: have to make the application. They do not determine how fast the State of
Florida moves, okay? As far as ours is concerned, we can process permits in
= 30 days, as far as the City is concerned, but the environmental...
Mr. Carollo: That is correct, but I think, J. L., chat even if we gave them a
year's time to finish the process, the State of Florida might move slowly, but
they are not going to move that slowly.
Mr. Plummer: As long as there is a proviso at the end of that one year, that
if they have not received their permits through no fault of their own, it is
granted for an additional time, I have no problem, and I would hope chat they
do it in less than a year.
Ms. Lidia Fernandez: We would hope so too. Lidia Fernandez, representing the
Casino Espanol. Basically, it would be unrealistic to expect that the organi-
zation could obtain the permit within the nine months, or even within the
year.
Mr. Carollo: Well, what is realistic?
Ms. Fernandez: Realistic is more 18 months, even though it may be done
quicker. It depends on what position the State of Florida, Department of
Environmental Regulation, and whatever other department...
Mr. Carollo: Okay, J. L., she said realistical is 18 montns to finish the
whole process.
Mr. Plummer: That's fine.
Ms. Fernandez: No.
84 January 23, 1986
0 !
Mr. Carollo: Otherwise, it comes back to the City. I would be willing to see
that kind of language in it...
Mr. Plummer: Fine.
Mr. Carollo: ...18 months, deadline, to finish the whole process.
Mr. Plummer: with the understanding that at the 18 month period of review,
that if tney have not received the permits, and this is the determination made
by this Commission, that it was through no fault of their own...
Mr. Carollo: Well, this is the same kind of language you are talking after 9
months - in essence, what we are saying here, that no matter what they do, or
don't do, they are going to have the right to that land, and my concern is
that we talked...
Mayor Suarez: Why don't we clarify what is the language, Commissioner -
War ...
Mr. Carollo: We have talked for so long about saving monies. You know, we
have the axes in our hands, cutting from one end of the City to the other, to
save the taxpayers' monies, and here we are putting out a prime piece of
property that is three-quarters of an acre, right next to the ocean, in one of
the best locations that the City has, and we are giving it away for $3,000 a
year. Hey, I will be more than willing to give myself, my company, double
that a year, $6,000, 1f you guys waive some rules for me to get that kind of a
deal!
Ms. Fernandez: Correction - it is not just for $3,000 a year. That is the
minimum base rent. There is also an additional...
Mr. Carollo: It is a minimum, but the way it is written, that is all we are
going to get.
Ms. Fernandez: No.
Mr. Plummer: Okay, look, as far as I am concerned, the 18 mr-ths is >greeable
to me as long as it comes back to this Commission for review, okay?
Mayor Suarez: The wording is reasonable. It says, "Lessee also agrees to
obtain all the necessary and applicable permits in compliance with all state,
county and city rules and regulations as well as proof of adequate financing
for construction of improvements to commence within 9 months after execution
of this lease agreement."
Mr. Plummer: Which is now extended to 18.
Mayor Suarez. Which is now... that is right. Tee only modification to...
Mr. Plummer: That is agreeable with me.
Mr. Odio: The same wording, but with 18 months.
Mayor Suarez: Agreement is to have 16... the same wording.
Mr. Plummer: Yes,
Ms. Fernandez: There is also language there that was not part of the original
agreement that was executed, It says, -Failure to obtain those permits may
cause, but not obligate, the City Manager to terminate the lease agreement for
section."
Mr. Plummer: It would come back to this Commission.
Ms. Fernandez: I think it should be the lessor, which is the proper party that
has been named in the contract.
Mr. Odin: No, no, not them, we cancel.
Mr. Plummer: No, what she is saying is, it would be the Commission, not the
Manager.
85 January 23, 1986
P 1V
Mayor Suarez: Yes, the lessor being the City, which would mean the Co®is-
sion. That is an interesting proposed modification.
Mr. Carollo: Is Janet Cooper around here somewhere? Janet, can you possibly
come up here for a minute? Janet, you certainly can be regarded as an expert
in the area of zoning and planning in the City of Miami. I think you have a
pretty good know-how as to the value of property along the corridor of
Brickell, Coconut Crove, and parts in that area. In your estimate, wnat would
three-quarters of an acre of prime land, right next to the Marine Stadium of
Virginia Key, facing the water, would cost?
Mr. Janet Cooper: I am afraid, Commissioner, I don't have any idea. I
generally don't deal with the purchase prices, and if I do at all, by even
just having any knowledge of it, it Is on Brickell, and over on Virginia Key,
I don't know that I could relate to that.
Mr. Carollo: What would it run on Brickell, say, a three-quarter of an acre
tract?
Ms. Cooper: 1 don-t have any idea. As you saw, I just had a baby a couple of
months ago, and I have been mostly out of commission for the last three=
quarters of a year. Prices change so much. If I knew, I would more than
happy to...
Mr. Carollo: Do you think it would be fair to say that that land is probably
worth at least a couple of million dollars?
Ms. Cooper: I know that on Brickell property is very expensive, because it is
able to very highly developed. T don't even know what the zoning is over
there on Virginia Key on this particular site,you are talking about and I have
not even looked at prices in almost a year, so I am afraid that I really
can't. I am sorry.
Mr. Carollo: Okay, Janet, thank you very much. .
Ms. Cooper: Thank you.
Mr. Carollo: Has our department done any study wnatsoever to see what the
realistic value of that land is?
Mr. Odiot Sir, we had an appraisal made, but it depends on the use that
operate it. You tell the appraiser that you want to use it for a rowing club,
the land value will be less than if you tell them you want to put a restau-
rant, or a hotel, or whatever, so the appraisal that we got is $1,000 for a
rowing club.
Mr. Carollo: $1,000 for a rowing club?
Mr. Odic: Yes, that is the appraisal tnat we got from an M.I.A. appraiser.
Mr. Carollo: $1,000 for a rowing club in that land?
Mr. Odio: Yes, that is what...
Mr. Carollo: Three-quarters of an acre next door to the ocean is worth
$1,000.
Mr. Al Armada: Good afternoon. My name is Al Armada, property and lease
manager. The appraisals are not in yet. I have talked to the two appraisers
that I have gotten to do this work, and essentially, what they are telling
me...
Mr. Carollo: You said the appraisal is not in yet?
Mr. Armada: No, the appraisals are not in yet.
_ Mr. Carollo: So how in the heck could we have put this out for an R.F.P.
without the appraisals for it?
Mr. Armada: Well, the appraisals process by February 13tn was is one of the
reasons why February 13th is the date that we had here. It will be in by that
_.. point, see? But, the issue is this, sir - what they have told me is this: If
86 January 23, 1986
is
you go out and you do an R.F.P., and in that R.F.P. you define what you are
going to '-se that property for, and that has a lot to do in terms of the value
of the property. If you say...
Mr. Carollo: In other words, you could say that you are going to plant one
coconut tree, and then the guy according to the R.F.P., will say, you know,
"The coconut tree is six feet tall. It is worth maybe $40."
Mr. Plummer: Commissioner Carollo, excuse me - I'm sorry, I am in favor of
this project, but if you think I am going to sit here and vote without an
appraisal on this property, which is called for in this thing, there is no
way - there is no Commissioner sitting up here could violate the Charter, of
which we are charged with the responsibility. I am for this project. I will
be for this project on February 13th. It was my understanding that this
matter was coming before this Commission today for final approval. This
thing has dragged... well, okay, then I misunderstood, but I am telling you...
Mr. Carollo: Not only that, but my point is, how can we put an R.F.P. out
without even knowing the worth of the property so that...
Mr. Plummer: How can you negotiate such a contract?
Mr. Carollo: ... everyone can have the same chance at bidding, because I am
going to tell you now, I am personally going to go out there and find someone
that will at least give more than $3,000 a year for prime property. My God,
what kind of business are we in? Are we in the business of protecting the
taxpayers, or protecting, you know, an honorable, nice group of people that
wants to get free City land to have a private club?
Mr. Armada: No, sir. Commissioner Carollo, when the R.F.P. was brought
before this Commission and was approved, the use of the property was very
clearly stated there that it was going to be solely for the purpose of rowing
a marine oriented activity. What the appraisers are telling me, okay, and I
have been in discussion with this over with this, months now - they are
telling me that if you look at the Rusty Pelican, or you look at another piece
of property that has completely different use, the use, okay, specially in
terms of the rental value to the City, is very, r..-.ry, different than when you
say the only use we have for this piece of property is for a garbage stand,
you see, that is the point that the appraisers are making, and they are coming
back to me and telling me that the rental return that the City should be
receiving is in the tune of $1,000. This is what they are saying now. I am
not...
Mr. Carollo: Well, does that make sense to you?
Mr. Armada: Well, it makes sense...
Mr. Carollo: Is that logical?
Mr. Odio: It doesn't make sense to me.
Mr. Carollo: I mean, are we living in Disney World, here?
Mr. Armada: Sir, if we were to have had that R.F.P. and written in a way
which the use was not restricted, okay, then I think the appraiser will have
to look at it from another standpoint completely. The point of the matter is
that that R.F.P. restricted the use of the property.
Mr. Carollo: No, I think the way an appraiser should look at that land,
number one, is, at all the possible ways we could use that land, to give an
appraisal on it.
Mr. Armada: I agree with you. If he is going to go on the highest and best
use of the land, that is correct, sir.
Mr. Carollo: Even the people there at the mental w@rd at Jackson know better
that three-quarters of an acre of prime, waterfront land is not worth no
$1,000!
Mr. Armada: You are absolutely right, sir. When the property that is being
appraised is appraised on the basis of the highest and best use. At this
point, that highest and best use was restricted, and that is the comments that
87 January 23, 1986
I am getting from the appraisal. I am not doing the appraisal, but those are
the comments that I am getting.
Mayor Suarez: I think that Lill consensus of the Commission is that we had
better have the item considered on February 13Lh, at which time we ought to
have in front of us at least two M.I.A. appraisals for the property.
Mr. Plummer: Excuse me! That is the law! We have got to have those apprais-
als before us before we can consider... there is nobody sitting up here who is
going to break the law. Now, Mr. Manager, I don't find fault with you, but
with the cigar who left. How in the hell can he negotiate a contract without
having appraisals? I think that was wrong. Number two, had you said to me at
the beginning of this discussion that, "Mr. Commissioner, you can't consider
it today because we don't have the appraisals," amen! There is nobody sitting
up here could have made such a comment. I would have never asked her the
questions that I asked. Look, I am stating my position. I am for this
endeavor, but there is no one who can ask me or any other Commissioner sitting
up here to violate their Charter and vote for something without the appraisals
being in. As such, 1... will the appraisals be in... to the high priced
help - hello?
Mr. Carollo: J. L., haw can we...
Mr. Plummer: Will the appraisals be in by the 13Lh?
Mr. Odio: Could we let Mr. Armada explain the point on why this agreement was
negotiated without the appraisals?
Mr. Armada: The reason being, in my opinion, somewhat simple. When the
Commission instructed me to prepare that R.F.P. for this particular use, they
said, "We want you to give this particular competition the same rights as all
the other clubs in the area". All of the other clubs in that area, up to this
point, were paying $100 a year.
Mr. Plummer: Or less
Mr. Armada: $100 a year, okay? There are two clubs - the stowing Club and the
Barge Club, okay?
Mr. Plummer: What about the Outboard Club, the Miami yacht Club, the Coral
Reef Club, the Coconut Grove Sailing Club?
Mr. Odio: Mr. Plummer, when we were told to negotiate this agreement...
Mr. Plummer: Not you!
Mr. Odio: No, no. yes, but I was here. The American Barge Club had already
received a lease in 1983, which is much less rewarding to the City than this
was. Then, this R.F.P. was brought here and it was sent back, saying "No, you
must give us more money than we received from the American Barge Club", and
that is why this agreement was negotiated without the appraisals, because we
were told to meet the criteria of the American Barge Club.
Mr. Carollo: Gentlemen, all that I want to say for the record is, this piece
of land is probably worth approximately a couple of million dollars, and
either we are going to run the City like if it were a private corporation, or
if we are going to start chopping pieces up and giving them away, depending on
what special interest group wants what, you know then, maybe we oughL to just
go back to the days of Gone With The Wind.
Mr. Odio; Well, Commissioner, I have notified the American Barge Club in
writing that either they come in with permits in six months, or that land
reverts back to the City. They have had this property now since 1983, and
nothing has happened there, so we nave already notified them, and on the
authority granted by you to me in the agreement, that the land will be coming
back to the City in six months.
Mr. Plummer: I make a motion at this time, that this matter be deferred to
the February 13Lh meeting, as such time as all compliance with the law has
been reached.
98 January 23, 1986
M
Mr. Caroller: I will second that Orion.mNow, for discussion, how can we have
placed an R.F.P. out to get bids, when we didn't even know what the property
was worth, therefore, we don't even know what was acceptabie to get a return?
Mr. Odio: Sir, because the restrictions placed on the Administration at tnc
time that the resolution was passed was that we come back with the s., me
renumeration as the American Barge Club nod, and that is wily we came back at
it - and the Miami Rowing Club.
Mr. Carollo: In other words, because we gave one piece of land away for
nothing, then we are going to keep giving the rest of the City away, and
according to that p'rilc,ophy...
Mr. Kennedy: And the number of clubs we have in the community!
Ms. Fernandez: May I be heard, please?
Mayor Suarez: Do you want to address that point?
Ms. Fernandez: I would like to address that point. Just for the record, I
know that Commissioner Carollo and the people I represent do not see eye to
eye in all the differences...
Mr. Carollo: Well, in this particular issue. I think you all are very
honorable people. I think you are professionals, and I have nothing against
any one of you in particular; in fact, as you well know, several of the young
men that are married to some of my cousins were asked to join, and I think,
you know, there are tees to be paid to be part of your membership, but, you
know, I have no personal problems with any one of you. The problem that I
have is that I swore an oath to protect the interests of this City, and I
could not, in good faith, give away City land that is worth around $2,000,000
or more, for $3,000 a year.
Mayor Suarez: I don't think it is necessary. I am sure we will hear from you
on February 13th. Call the roil, please.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-54
A MOTION DEFERRING CONSIDERATION OF PROPOSED ACCEP-
TANCE OF LEASE AGREEMENT WITH CASINO ESPANOL TO THE
MEETING OF FEBRUARY 13TH OR UNTIL SUCH TIME AS TOTAL
LEGAL COMPLIANCE WITH APPLICABLE LAWS HAS BEEN
ACHIEVED.
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.
89 January 23, 1986
0 0
34. ALLOCATE $20,000 FOR EQUIPMENT FOR SENIOR CITIZENS ALERT NETWORK
(S.C.Ai N..:
Mayor Suarez: Agenda item 25,
Mrs. Kennedy: Mr. Mayor, since that is my item, Let me say a few words.
During my campaign, I visited many senior centers, where I learned [hat the
key issue that affects our elderly is crime. It was during Lnis, and subse-
quent visits, that I met people like those of us, many of you here today, who
are afraid to go out at night, who Are prisoners of fear in their own homes,
and it was than that I decided that something should be done to protect our
elderly. I met then with Chief Dickson, his assistant chiefs; many people
from his staff; Mr. Mel Adams, Executive Director of Little H.U.D. We mapped
out a program to protect our elderly. I have asked Mr. Adams to come here
today and give the presentation to this program, and also I believe that the
Chief is here and will say a few words. Chief, if you want to start,since you
are right there. And this we have done within the financial resources that we
have in the City.
Chief Dickson: Thank you, City Commissioners. The program that Commissioner
Kennedy is speaking of is called the S.C.A.N. program. What it really means
is Senior Citizens Alert Network, which means that the Miami Police Depart-
menc, in connection and cooperation with Mr. Mel Adams and N.U.D., the Miami
Police Department will be placing community based radio stations on the H.U.D.
sites that we select, in order to establish an ongoing communication system
between the senior centers and the Miami police Department. This will be
staffed by senior citizens who live on the sites. They will be trained how to
use the radios. They will be trained how to give the kind of descriptions
that will help police make apprehensions, and help police to check out suspi-
cious activities. The seniors will in fact, live on the site. Mr. Adams, we
met with him, and he has agreed to give the seniors a place on the site that
we select, in order to establish what we call the home based -tacaons. These
sites will have stationary communication systems set up with portable radios
available, so they will be able to also watch the satellite areas surrounding
the main communication base. This will be in effect from 8:00 o'clock in the
morning until 9:00 o'clock at night as a beginning of the pilot programs.
This will also mean that police cars... there will be an equipped police car
with the radio ability to listen in on any communication coming out of the
senior citizen's centers, to the police headquarters, meaning that the car
Will have the potential to hear the call initially asking for assistance, or
wanting to give information to the police. That car will go directly to the
scene where the senior is calling from. Also, a regular zoned police car will
be dispatched to that site also. There should really be two police vehicles
responding to a call coming out of the senior citizens communication base.
That is briefly an overview of the concept. The cost fur this project, since
we are looking at 28 different senior citizen centers, we are talking about a
cost of about $20,000 to do this, and the original cost, when we first looked
at this, the original cost was about $95,000, and we have trimmed this down to
$20,000, just as effective - even more effective, because it is what we really
want, and I think that if we can implement this program, it will be a model
for the rest of the country, because nobody else is willing to take on this
kind of responsibility, but we have decided co do [his with the help of H.U.D.
program. Mr. Adams?
and the Commission, whose support we are seeking today to go ahead with this
Mr. Dawkins: Chief, before you step away, was any thought given to coordinat-
ing our efforts with the County so that the County senior citizen centers also
would be tied into this network and all seniors would be protected instead
of... I know we are concerned about ours in the City, but the ones in the
County need the same service.
Chief Dickson: I have not talked to the counry about this yet, no.
Mr. Dawkins: Okay, thank you.
Mr. Plummer: Let me ask you a question. I see the proposal here. May I ask
as to what kind of radios that you are proposing for $166?
90 January 23, 1986
Chief Dickson: These will be citizen band radios. We firs proposed the kind
of radios that the Police Department uses, but those radios are $2,400 a
piece, and we just could not afford that -$3 ,200 with all the equipment, yes.
Mr. Dawkins: 32, like the one J. L. has in his car.
Mr. Plummer: No, that is 34.
Chief Dickson: These are good radios of top quality that we have identified.
Of course, we will probably have to go out for bids. I am hoping we will get
the kind of radios we need.
Mr. Plummer: Can I offer you a suggestion, because you are dealing with
People who have not had radio experience, and radios sometimes have known
failures. I would suggest for consideration a more safeguard method. Every-
body is used to a telepnone. Could the City consider through its communica-
tions what they call a direct line telephone - that is, the senior who is in
that station, serving as the prime watch, would merely pick up a phone - don't
have to dial, and it rings in the alarm office. I think that that kind of a
system would be more safeguard than you would have with a C.B. radio. you
don't have to train people. I think most everybody knows how to use a tele-
phone. The important thing is relating the information to the dispatcher to
the car to respond. I would hope that consideration would be given to a
direct line telephone from that senior citizen's center, directly to the alarm
Office. I think, for one, it makes better sense.
Mrs. Kennedy: Now would that affect the cost, Chief? Do you have any idea?...
cost of equipment.
Chief Dickson: yes, we thought about that, the use of the telephone, but me
concept behind this program is to develop a good, strong crime watch kind of
program, and well, the physiological effect of having a police headquarters
kind of situation set up on the senior citizen's sites with a stationary
police looking radio to operate from, and we will go in and train these
seniors how to do this, Mr. Commissioner, but we did think of that. We
decided that was a good way to go.
Mrs. Kennedy: Mr. Adams, would you like to say something?
Mr, Adams: I will be very brief, because this is really a City of Miami
project. All we are doing is making space available in our developments, but
if the City police... we do have some county financed guards who would work
closely with the City police. The cost of the improvements that might be
necessary to our space, or for phones or for equipment would come from the
$2501 000 of community development funds that this City approved last year, and
I think there may be an agreement before you to approve that, so I really
don't deserve any credit, other than to welcome someone in my home who is
going to help me out. If I should get credit for that, I am not sure I
should.
4 Mayor Suarez: I think we are ready to move on this item. Commissioner
t! Kennedy?
Mrs. Kennedy: I will move to give it a one year trial and based on that, we
will take it from there.
Mr. Plummer: I will second the motion with the understanding, Chief, that we
are not stuck on the year. If you do experience something that you feel would
be beneficial to [he program, that you would feel free to come back to this
Commission and make other recommendations, but I am willing to go along with
your program, try it, see if it works, and if it is beneficial, let's go and
then we will try it for a year and review it at that time, so I second the
motion.
Mayor Suarez: Motion has been made and seconded.
Mr. Plummer: Of course it comes from law enforcement money.
Mayor Suarez: Are you going to oppose this, Doctor? Oh, fine.
;j
(INAUDIBLE BACKGROUND COMMENTS)
91 January 23, 1986
Mayor Suarez: Okay, fine, because I think you are about to win, and the less
you calk, the better it will go for you, I guarantee..
Mr. Plummer: Quit while you are ahead!
Mayor Suarez: Quit while you are ahead, as Commissioner Plummer always says,
Motion has been made and seconded. Any further discussion from tue Commts-
sion? Please tail the roll.
The following resolution was introduced by Commissioner Kennedy, woo
moved its adoption:
RESOLUTION NO. 86-55
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED TWENTY
THOUSAND DOLLARS ($20,000.00) FOR THE PURCHASE OF BASE
STATION RADIO EQUIPMENT, HAND HELD RADIOS, CHARGERS
AND INSTALLATION OF EQUIPMENT FOR THE IMPLEMENTATION
OF A SENIOR CITIZENS ALERT NETWORK (S.C.A.N.), FROM
THE CITY OF MIAMI LAW ENFORCEMENT TRUST FUND, SUBJECT
TO THE AVAILABILITY OF FUNDS.
(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.
35. BRIEF DISCUSSION REGARDING COMMENTS MADE BY CHIEF OF POLICE DICKSON'
REGARDING CIVIL SERVICE AND LABOR UNION RULES (See label #25).
Mr. Odio: Would you please hear from the Chief now so that he can go back to
the police business?
Mr. Plummer: Mr. Manager, since you have an urgency of returning the Chief to
the station, may I ask that he come back on our next meeting, on the 13th, but
before that, surrender in writing, his comments in relation to the radio
program this morning, and also the concerns of the Mayor to upgrade this
Commission on labor negotiations, and do it in writing before the 13th.
Mr. Odio: Yes, sir.
Mr. Plummer: That is acceptable to me if it is acceptable...
Mr. Odin: Is that acceptable?
Mr. Carollo: See, Chief, if you go to the right radio programs with the right
host, you don't get in trouble!
92 January 23, 1986
36.A. DISCUSSION OF LOW INCOME HOUSING OFF CLAUGHTON ISLAND; WAIVE RESTRICTION
FOR FORMER CITY EMPLOYEE TO DO BUSINESS WITH CITY WITHIN TWO YEARS FOL-
LOWING TERMINATION.
36.B. SELECT EAST LITTLE HAVANA SITE FOR CONSTRUCTION OF LOW/MODERATE, LNCOME
iIOCS1NG OFF CLAUCNTON ISLAND. (See lab,ls ('38 and i43)
Mr. Dawkins: Mr. Mayor, the Miami City Commission nas a history of receiving
voluntarily offered covenants by developers seeking variances, which enhance
their development and maximize their profits. This encourages build-S to
build in Miami, while the covenants offered to the City most frequently only
serve
te the rests of the developer. Webster's dictionary states a covenant
isa formal, solemn, and binding agreement; common law action to recover
damages for breech of such agreement of contract. Yet, we the Commissioners
often allow breaching of covenant agreements-, and never ask for damages.
Commissioner Joe Carollo and I have constantly argued that big developers are
let off easily from living up to tneir commitments, while the small taxpayer
is to strictly obey the law. Numerous times Joe and I have argued to stop the
Administration from penalizing our citizens because they construct carports
without a permit, or they build tool sheds without a permit, and are often
ordered by the Administration to tear them down. Our citizens are also
ordered to remove boats in their front yards, Cut off three or four feet of a
carport because it is somehow not in compliance with City rules. In each such
case, we decided to allow the violation as long as it was not a serious zoning
violation. Joe and I did not do this alone. It always required three votes.
Usually the vote was unanimous in favor of the citizen. This indicates to me
that if one Commissioner had asked for damages from large developers, the
votes rhere to demand payment. For instance, let me cite a couple of
covenant violations that rank in the same category as Claughton Island, in my
opinion. Number one, we have an agreement with the University of Miami tnat
they will hold conferences, seminars and workshops at the James L. Knight
Center to assist the City in repaying the bond debt service. Yet, the tax
dollars of the citizens of Miami pay $4,000,000 e. year to cover debt service
because the University of Miami has not lived up to its covenant. Ted Gould
promised air rights, funds for the bifurcated roadway and various other
things. To date, nothing has been received, and Mr. Gould-s property is in
bankruptcy - another violation of a covenant. Ted Gould made promises and
based on these promises, he was allowed to open a hotel with a temporary C.O.
His promises were never materialized. Again, a covenant given, nothing
received. Now, let us examine a Claughton Island covenant. 1975, covenant
promised 200 units of low income housing to be built; 200 units to be complet-
ed and occupied by February 19, 1985 was promised in 1975. December, 1984,
the attorney for Claughton Island project informed the City Commission that
the units are not ready, but the developers will give the City as penalty,
$2,000,000 for not having completed the units. 1985 again - much jockeying
for position by all of us. Now, today, January 23, 1986, one month snort of
11 years, Mr. Dave Drill of the Miami Herald states that the Swire Company
says they are ready to build the units on the island. All I can say is,
hooray and get started! In the last correspondence received from the Swire
Company they alleged that every one is at fault for the units not being
completed but themselves. I feel that developers, because of a covenant,
should be made to build 200 units of housing on the island, or 225 units off
the island, and bear the total cost of construction, and maybe, if we make
this contractor, or developer, live up to a covenant, maybe for once the rest
of the developers will get the idea that they cannot make covenants and not
live up to them. I have not looked at the last submission of sites, but I
said to the developers, however, that if they had not selected two sites and
had signed contracts, my vote was to put the units on the island, and I will
be making that motion at the proper time. Because this Commission realizes
that housing is a great priority, all of us are very interested in all propos-
als we receive. We may differ as to what proposals we support, but there is
no infighting on lack of commitment on the part of this Commission. If the
private sector is truly sincere when it expresses a desire to help construct
much needed affordable housing, then they should come in with the local groups
that they nave joined up with, sit with Mr. Herb Bailey, and find out how to
help us develop more than 225 units, because 225 units is not a drop in the
bucket, but if the 6 groups that we nave just had proposals from were to sit
- down and come in with Mr. Bailey, and even if 6 groups only built 200 units,
that is 1,200 units of housing we would have. I personally do not think that
93 January 23, 1986
the City shous
Id allow the developer r^
enege . that covenant terms of
providing 200 units of housing and not having done it in 11 years. A token
penalty from them is not a cepted, even If it is under the pretense that they
are concerned about housing in my area. I£ we accept $5,000,000 and were to
divide that amount by 225 units, it comes to $20,000 per unit. How can one
purchase land and build anything for $20,000 plus the land? I will go along
with the majority of the vote of this Commission because we do need housing,
but my vote will be, at the proper time, that the developers be forced to
build the units on Claughton Island.
Mrs. Kennedy: Mr. Mayor
Mayor Suarez: Commissioner Kennedy?
Mrs. Kennedy: When this item first came up, I abstained, citing a conflict of
interest since my husband represented Swire Properties; however, he nag been
paid, and he is not expecting any future compensation, and because of the
importance of this project and my vote, I would like for the record to have a
legal opinion from the City Attorney.
Mrs. Daugherty: Yes, Madam Commissioner. You asked for this opinion last
night, and we have provided it in writing. We nave researched the State law,
the County ordinance and the City ordinance, and under the facts that you have
presented to us, you do not have a conflict of interest and in fact, you must
,ore on the it...
Mrs. Kennedy: Thank you.
Mayor Suarez: May we hear from the developer?
Mr. Robert Traurig: Mr. Mayor and members of the Commission, my name is
Robert H. Traurig and I am an attorney with offices at 1401 Brickell Avenue,
and I represent the Swire interests. Mr. Edward Claughton is here represent-
ing himself. He, and the Swire interests are the owners and develooers of the
properties generally known as Claughton Island, and sometimes known as
Brickell Key. I think that what Commissioner Dawkins has j,.at recited to you
as the history is for the most part correct, and we concur in it. There was a
development order in 1975• It had a condition attached to it. It wasn't a
covenant. It was a condition. It said that on or before February 12, 1985,
200 units of housing for low income families would be built. We did, approxi-
mately two years before that expiration date, ask a renown research and
sociological organization to do a study as to the social impacts of the
development on the island vs. off the island. Their report to us and to toe
Commission was that there would be public benefit if the developments were off
the island, and we then, and only then, asked the Commission to consider
whether or not the developments ought to be restricted to the island, or moved
from the island, and as a result of a very long process regarding that, on
July 25, 1985, this Commission adopted resolution 85-812,. which amended the
previous development order involving Claughton Island. Now, the resolution of
July 25, 1985 required the developer either to provide at least 200 units of
low income housing on the island, or in the alternative, to provide at least
225 units of moderate income affordable housing distributed among two separate
sites Of the City, other than 0,ertown/Park West, and in either even[, all of
those units had to be ready by January 25, 1987, and we are just a year away
from that date. The resolution further stipulated, and the reason that we are
here, is that the developer should select the aforementioned sites the two
sites other than the Park West/Overtown and return to this Commission prior to
commencing construction, and ask this Commission to review and approve the
selected sites and that that process had to be concluded not later than six
months from the date of that resolution, and therefore, on or before January
25, 1986, which happens to be tomorrow. The purpose of this presentation is
to comply with the mandate of that resolution. We appeared before you in
December, more than a month prior to the requirement of that July 25, 1985
resolution, in order for you to review the three sites that we had presented
to you at that time, and at that point, the matter was deferred until today,
but prior to the scheduled December meeting, we had submitted to you a bro-
chure containing descriptions of three different sites, which specifically
contemplated that the development on chose sites would be in the moderate
affordable income category, and we had made a very, very serious effort to
obtain a geographic separation of the sites, and a balance so that objective
comparisons could be made and at that point, we had submitted to you three
_.� diverse locations, one of which is generally known as the Vizcaya Mettorail
94 January 23, 1996
property at "1200 S. W. 1st Avenue, which is the corner of Ise Avenue and 32nd
Road, contiguous to the Vizcaya Station. We also submitted to you a portion
of the Shell City property, at the N.E. corner of 7th Avenue and 58th Street,
and we submitted to you a site in the N.E. corner of South Miami Avenue and
5th Street. I would like to just briefly review those three sites and then
explain to you what happened thereafter, because as you know, we have now
submitted some additional sites for your consideration. Number one, the
Vizcaya Mecrorail Station, 1st Avenue and S.W. 32nd Road - the development on
Chat site, and I would like to show you what that development would look like,
from the standpoint of an architectural rendition of the proposed structure.
That development would comport with the transit study for that site and I
would like to explain to you that when the Metro stations were sel— ed, the
Dade County Planning Department and the City of Miami Planning Department and
others conducted very thorough site selection analysis and the analysis in
connection with the Vizcaya site, which is station area plan number 7, which
was concurred in by the City of Miami, and you will note that it shows that it
was prepared by the City of Miami Planning Department in June, 1979. It says
with regards to this site, that it approves the utilization of this property
for a maximum density in the area around 32nd Road. It goes on to say that it
would maximize the benefits of transit access; it would maximize the amount of
new rousing that could be provided by the City, and hold the cost by distrib-
uting land costs among the greater number of units, and trot the properties
facing the station or surrounding station traffic circulation routes are
suitable for redevelopment, so we selected that as one of the sites for your
consideration, because in our opinion, it totally met the criteria established
by the station area design and development plan, and we thought that because
it was truly a moderate, affordable site, a site which moderate affordable
housing would be created; that it met the criteria of the July, 1485 amended
development order, which only said to us, select two sites, not in
Overtown/park West, and come back to us with those sites.
Mr. Dawkins: Mr., I beg to differ with you! I distinctly told you Overrown
and Little Havana. Now, go back and get the records. I don't mind you, you
know, if you say it correctly, sir, but don't say it incorrectly, now, Mr.
Traurig.
Mr. Plummer: Are you saying Ov ertown, or Liberty City?
Mr. Dawkins: I said without overtown. I said Liberty City and Little Havana.
I specifically gave you those two sites, sir, as my part.
Mr. Traurig: Yes, Mr. Dawkins, I want to agree with you. You have made it
clear consistently that you wanted the sites in Little Havana and Liberty
City. What I am saying is that the amended development order said that the
two sites should be in areas other than Park West and Over LOwn, and I didn't
mean to find fault with what you had said. I concur that it has been your
Position consistently that the locations ought to be in Little Havana and in
Liberty City.
Mayor Suarez: Bob, what is the cost of per square foot of the site that you
are talking about now, the Vizcaya sire?
Mr. Traurig: We are not purchasing land, Mr. Mayor. We have entered into an
agreement for the purchase of the completed apartment building. Our purchase
price is predicated upon a completed project, so that we have entered into a
contract whereby the sellers to us, would construct, after the entire process
is completed, which would include this process and any other administrative
processes chat must follow; they would get all the necessary permits, build
the units, and upon the issuance of Certificates of occupancy, we would buy
the completed building from them. We would have the responsibility to market
those units, which are in an area which is predominantly Hispanic, so our
obligation would be ...
Mayor Suarez: Do you know the approximate cost per square foot of that land?
Mr. Traurig: Of the land itself? We never negotiated for the purchase of
land. We only negotiated for purchase of units, and so I ...
Mayor Suarez: The reason I asked, and as you know, I have proposed that we
not get into site selection in this Commission, and instead we select two or
more economic development entities and give [hem Sufficient amount of time to
come up with sites and matching funds and feasibility of their project, but if
95 January 23, 1986
e are going to get into site selection, land such as this, which sounds to me
like it is extremely valuable - just because you make a high-rise in that
land, which is probably not a good idea anyhow, for what I would call afford-
able housing, or low income housing, if you want to call it that - I know you
have a term of moderate income housing. This is one of the worst sites I can
think of for that. I mean, it is not an affected area; it is not a needy
are ; it not where people want to live in low income housing and where the
need is greatest, and I just can't imagine. I know the cost would reflect
that you can't really build the kinds of units that I am thinking about that
would help the great need in our community on this site, but if you are going
to get into site selection, I am ready to vote on this site.
Mr. Traurig: Well, we would like to explain the rationale which impelled us
to submit this and the other sites and then go into the revised list, because
we have supplemented and augmented the original list and we have offered to
you some additional sites.
Mayor Suarez: Commissioner Dawkins, Commissioner Carollo, and other Commis-
Stoners have indicated, and certainly in the media and nere today, and other
times, and I have indicated that we are looking for sites in Little Havana and
in Liberty City, and frankly, you can explain all you want, but maybe you
ought to get into the process of site selection. I note over here we have got
two gentlemen and I will give you an opportunity if you wish to address this
point further, but the fact that you guys are together, does that mean that
you have got some sort of an agreement on the Snell City site?
Mr. Carollo: Excuse me, Xavier, if I can ...
Mayor Suarez: That is something that we would like to hear about. Yes,
Commissioner.
Mr. Carollo: .. make a statement to clarify some of the statements that you
men ioned, where my name came up. If I may for the record, the young lady ...
you, Ma'am, who are you representing, please?
(INAUDIBLE BACKGROUND COMMENTS NOT PLACED INTO THE PUBL'.0 RECORD;
Mr. Carollo: Yes.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Carollo: Marlene Kaplan?
Mayor Suarez: Representing whom?
Mr. Carollo: Marlene Kaplan, she said?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Carollo: All right, just like to have it on the record.
Mayor Suarez: Representing whom? 1"d like to know. That is a good question.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I am sorry?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Traurig: She said the law firm of Wright and Caruana.
Mayor Suarez: Representing what entity, or what ... what is the interest?
Why don't you come up to the mike and tell us? The Commissioners are inter-
ested in knowing why the proceedings are being transcribed by court reporters,
since we have got ...
Mr. Carollo: I think this is perfectly fine, Mr. Mayor. I just like to have
it on the record.
Ms. Marlene Kaplan: My name is Marlene Kaplan. I am here in behalf of Wright
and Caruana. We represent Chisholm Investments, which was in joint partner-
ship with Swire at one time, and is now in litigation over that joint partner-
96 January 23, 1986
ship and many of the matters set forth today affect Char litigarion, and I
nave asked a court reporter to be here for tnose purposes.
Mayor Suarez: We seem to have a lot of court reporters. Sir, could you tell
u , as long as we are asking court reporters, who they are reporting for?
Mr. Traurig: Mr. Mayor, this is Mr. Cauliflower, who is tn� court reporter
whom we have asked to transcribe this meeting for the same reason that this
lady has described, and that is that there is some presently pending litiga-
tion between the principles involved in the development of Claughton Island,
and it is unrelated to the specific decision that you are going to make today.
Mayor Suarez: Since I am only paid $2.40 as Mayor of the City of Miami, I
think I am going to go into court reporting pretty soon.
Mr. Carollo: I am glad that our City Clerk is going to have plenty of addi-
tional help on this item.
Mayor Suarez: I really do want to get a quick clarification. on the Shell
City site, you have some sort of tentative agreement, the two of you - one
represenring Christian Hospital, I presume, and the other one representing
Tacolcy?
Dr. George gimrson! My name is Dr. George Simpson. I represent Christian
Hospital and ...
Mayor Suarez: Commissioner Carollo wants to make a statement. I just want to
know that the fact that you are together means something.
Dr. Simpson: yes, it does.
Mayor Suarez: Very good. We will get to what it means later.
Mr. Carollo: Xavier, I think what we are all in agreement on is that we need
additional moderate income affordable housing in this community. Now, as far
as what my feelings are, I thick it might be a little d—ferent Lhan what you
interpret them to be. I don't think that people of moderate income should
necessarily be limited to certain neighborhoods to have affordable housing.
If housing can be built on the first site that Mr. Traurig represented, or
many other sites that are affordable, I have no problems with that. I don't
think that we have to limit people to living in a certain neighborhood and not
being able to move a few blocks, even a few miles.
Mayor Suarez: I didn't mean to misconstrue your position. I thought I read
somewhere that you had said that you were in favor of sites in Little Havana,
or Liberty City. Maybe you meant to include areas such as this one as your
definition of Little Havana - sites such as this one.
Mr. Traurig: Mr. Mayor, may I clarify what I am attempting to do right, now.
I am attempting to describe the various sites that we have asked you to
consider. I understand that there are a number of factors to be considered by
each of you on each of the sites, but I thought that an explanation of each
site would prove helpful to you in making that ultimate decision, and there
are people here, such as Mr. Pitts and Dr. Simpson, and others involving sites
ocher than the Shell City site, who would like to make presentations to you,
in the description of their sites as well.
Mayor Suarez: Bob, I am just trying to keep it to a reasonable amount of
time, and you have spent a considerable amount of time already. We have got
the history of the project already stated by one of our Commissioners and his
feelings on it, and you have got people here, I am sure, who are willing too,
and are interested in speaking on behalf of their own sites, and I am trying
to figure out how to get this done as quickly as possible. Alice Wainwright
is waiting for item 26, which is schedule for 2:30 P.M. and not 3:00 o'clock,
and I stand corrected on that point, so, can you just make it as quickly as
you can.
Mr. Plummer: Let me interject one thing here, please
Mayor Suarez: Commissioner Plummer,
97 January 23, 1986
Mr. Plummer: Let"s make the r ord very char. We are not picking the
developers. We are picking sites Who you deal with in the development of
those sites is up to you. We are not picking the developers! Am I right,
Madam City Attorney, or am I wrong?
Mrs. Dougherty: You are correct.
Mr. Plummer: So, we will pick either two or three, or four sites and ...
Mr. Dawkins: Or no sites!
Mr. Plummer: Or no sites and Swira will pick the developers and they will do
the development. This Commission is not about the business of taking ... if
we get involved, then you are into the process of bidding, and the whole nine
yards, but it is my understanding from day one, the only action of this
Commission is the site selection. Who you deal with in developing that, you
better deal with good ones, because you have got one year to do it, okay? .
and if that firm, "RYZ", is the best one for you, that is your choice. Firm
"ABC", that is your choice. It is not our choice.
Mr. Traurig: Thank you, Mr. Plummer. The project that we are talking about,
the one that would be called Vista -tram at the Vizcaya transit site, would
have 104 apartments. It would have I and 2 bedroom units. It would be 8
stories. It would be a mid -rise. It would include a swimming pool and a
recreation room. We feel that because of its proximity to toe Metrorail
station, it would have a particular benefit to the residents, because they
would have the opportunity to reach the major employment centers via that
transportation mode, which is a major plus in determining where one should
live, and these units, for your information, would probably be sold as condo
units, but they might be rented, and they would probably be sold for a price
less that $60,000, and we think that the location of this building, at this
location, would be a stimulus to the development in the area of transit
stations, which is one of the announced goals of Metro and of the City of
Miami wnen it did its analysis of the station sites. It is important to note
that if selected, this project would be developed by a Hispanic firm and would
then, as I indicated to you in your initial question, wc—ld be purchased by
the Claughton Island developers, actually, by the Swire interests and Mr.
Hernando Carillo is here to describe and would like me to ask your permission
to have him present to you the basic architectural rationale for the selection
of this site. We hope that you will ultimately review these sites separately.
We would like you to know that we have an executed contract for the purchase
of those finished units, and we would urge you to give favorable consideration
to this site in your deliberations. The second site, and I won-t ask Mr.
Carrillo or others to speak until I have completed my overview.
"- Mayor Suarez: Well, that doesn't mean that we will listen to them,but ...
Mr. Dawkins: Let me say one thing before he goes any further, Mr. Mayor. I
did ask you to bring in an executed contract for two sites, am I correct? Did
I ask you that?
Mr. Traurig: Yes, sir.
Mr. Dawkins: You do have one, is that right?
Mr. Traurig: We have two.
Mr. Dawkins: You have two? Okay.
Mr. Traurig: There are two. The site which is ...
Mr. Dawkins: You do have two?
Mr. Traurig: The Miami River site is on the contract as well.
i' Mr. Dawkins: All right. Okay now, since you ... I am going to try to be as
honest with you as I want you to be with me. Now, I said I was going to go if
you have a signed contract; that either of those sites that you have got got
two votes, even though I am voting to put them on the island, I will change my
vote for any one of your sites that has got two votes and will go with that
site. Other than that, I am voting to put them on the island.
98 January 23, 1986
Mr, Traurig: Thar.]. you ...
Mr. Carol In: I think the question needs to be asked, or they should go a
little deeper on that, now only in contracts, as they are under contracts, but
which sites do you have plans and specifications for?
Mr. Traurig: We have detailed plans and specifications for that Vizcaya site,
Mr. Carollo.
Mr. Carollo: you do have for this one?
Mr. Traurig: yes. Our mandate was to bring back to you sites, not plans, but
in this particular case I would say to you that we have plans and they could
commence the development on that site very quickly. The second site we would
like you to consider is the site which is generally known as the Shell City
site, and you have already addressed Dr. Simpson and Mr. Pitts. That is at
7th Avenue and 58th Street. It is a five acre site on which 121 units would
be built, and I would like you to know that although initially it was contem-
plated that there would be commercial in the project, this is without commer-
cial, this is purely a residential complex. When we initially made the
presentation to you, we were under the impression that the Christian Hospital
certificate of need had expired. We have been advised subsequently that it
didn't expire, and we are calling attention to the fact that Mr. Pitts and Dr.
Simpson and others had had subsequent discussions and seemed to have reached
an agreement which would permit toe split development of the property. We
think that building residential in this neighbornood would respond to a very
real need for additional, new first class units in the Liberty City area. The
apartments would have one and two bedrooms, they would be aimed at moderate
Income families. They would be jointly developed, although Mr. Plummer has
called our attention to the fact that you are selecting sites, I would like
you to know that the development entity would include Tacolcy Economic Devel-
opment Corporation with A&R Development. A&R Development is a Black owned
development company whose principal, Theo Rogers is present, and he has
already developed in excess of 1,500 units representing over $75,000,000 in
the Philadelphia, Baltimore, and other areas and his team would include a
minority architect and a minority general contractor, and we are of the
opinion, as the result of correspondence and telephone communications and
direct meetings, that there would be substantial additional contributions to
that entity by the local Initiative Support Corporation, by the Ford Founda-
tion, and by Equitable. Now, I would call attention to the fact, and this is
responsive to Mr. Dawkins' question, title to that property ds presently owned
by Dade County, and title would have to be conveyed to this entity, but I
think that Mr. Mel Adams from Dade County HUD is here to confirm the County's
position, as passed by resolution on Tuesday of this week, on January 21st,
that the County would entertain a joint development proposal on this site, and
we would say to you that it would be our intention, if you do not approve the
L, ! other ... if this is the selected site, then we would make a contribution of
{ $1,600,000 to the development on this property. The Miami River site was
I! selected by us for .
Mr. Carollo: Excuse me, Bob, I am sorry to interrupt you. Do you have plans
and specifications made for this site that you just got done with?
Mr. Traurig: No. The Miami River site is under contract, and it was intended
to provide for moderate, affordable housing. It is on the N.E. corner of
i South Miami Avenue and 5th Street. It is on the south bank of the river. It
would contain 384 units in that one project, which is substantially greater
than the total number of units required under the Brickell Key development
order, the Claughton Island development order, of which 192 would be 1 bed-
room, and 192 would be 2 bedrooms. It would contain a swimming pool and a
tennis court and a community room,
Mayor Suarez: How high is that projected development - how many stories an
that particular site? you are talking about the Miami River site, right?
Mr. Traurig: I would call on Mr. Richard Karn of ;:on -American, who is the
developer, and he could describe this site.
t
Mayor Suarez: I just want to know how many stories, Bob.
Mr. Traurig: 32 stories. It will be 32 stories. This is just on the south
bank of the river, between Miami Avenue and Brickell in an area which is zoned
kfor high-rise development.
99 January 23, 1986
Mayor Suarez: Bob, you are a great guy. You could spend the next 25 years of
your life trying to convince me to have the City of Miami build 32 story 'low
L...... cost housing", quote, unquote, development on the shores of the Miami River,
right next to Brickell and downtown, and I would never vote for it, so you can
go ahead and spend the rest of the time - maybe the other Commissioners are
interested.
Mr. Dawkins: What's Brickell Avenue? ... River Run?
Mr. Traurig: No, no. This is in between Miami Avenue and Brickell Avenue on
the south side of the river. Let me explain to you why we entered into this
understanding with Mr. Kahn and hiscompany, just so you can evaluate chat.
They are going to develop units there anyway, and they are going to develop
high-rise units there anyway. At the present time, it is ...
Mayor Suarez: High cost high-rise units over there.
Mr. Traurig: If we didn't participate in their program, they would develop
384 units, of which 307 would be moderate, affordable, and 77 would be low
income, but with the capital infusion that we would make in their project,
they would convert the 77 low income to ...
Mayor Suarez: Bob, if they build them with their own money, on their own
site, I don't care if any are available for low income people at this point,
li and I don-t really know that this Commission cares either. If some of the
other Commissioners care, you can explain that site for the next couple of
„'. hours. Seriously, we really should get into site selection and give us a
brief description of the sites. I mean, this is going to go on all afternoon
and we have got a lot of other items to consider.
Mr. Traurig: Well, I am going to get to the other three sites then very
quickly.
Mr. Plummer: What is your cash contribution to the river site
Mr. Traurig: This is Mr. Charles Youngling of the Swire Company.
Mr. Charles Youngling: As negotiated now, it would be $1,500,000.
Mr. Plummer: $1,500,000?
Mr. Youngling: Yes, sir.
Mr. Traurig: We would merely call attention to the fact that that would
convert the 77 low income units to 230, resulting in 153 more low income units
than is presently contemplated for chat site, but, although that resolution in
July didn't mandate the location of units, we are very responsive to the
statements that have been made by various Commissioners, and particularly at
your meeting of December 19th, there were expressions again, confirming that
you expected the units to be in Little Havana, and in Liberty City. With that
in mind, and despite the apparent inability of these developers to comply with
the requirements for moderate, affordable housing, which is the provision in
the amended development order, which would permit us to build the 225 units
off of the island. We nevertheless, because you were anxious to fill a void,
in housing stock in those communities, in low income categories. We neverthe-
less, have held a number of discussions with community development corpora-
tions, with the local initiative support corporation, with the Ford Founda-
tion, with City officials, and we have augmented and supplemented the initial
sites, and we have submitted to you some additional sites for your consider-
ation. Now, the CDC's with whom we have met were Tacolcy, represented by Mr.
Pitts; the East Little Havana Development Corporation, which is represented
here; and C.O.D.E.C. and my understanding is that each of them nas made
efforts to finalize site control for their proposed projects. The description
_ generally, of the projects of which they would be involved are these. The
first is the 1521 townhouse development site, and my understanding is that Mr.
Frazier is here to describe that site. That is a 1.2 acre site between N. W.
15th and 17th Avenue, between 61th and 62th Street, plus a .9 acre size, which
was the former Carver "Y". It is west of 15th Avenue between 57th and 58in
Street, and the entity known as ACT Services Incorporated, whose principals
include Mr. Fraizer and Mr. Howard Gary, would be involved in the development
on that site. That site would have 57 two -bedroom units and 57 three -bedroom
100 January 23, 1986
units for a total of 114 apartments, plus ? single family units on the old
Carver "Y" site.
Mr. Plummer: What is your cash contribution to that site?
Mr. Traurig: We are prepared to make a cash contribution of $1,600,000 to
that site. We also had discussed this matter, as 1 said, with the East Little
Havana Development Corporation on a site which they have on both sides of S.W.
1 Street between 5th and 6th Avenues, on which they would build 111 one and
two bedroom units, with subsidies and/or loans from Lisc and Ford and Equita-
ble, and my understanding is that title has not yet been acquired by them, and
no final agreement has yet been entered into between them and us, but we are
prepared to make a capital contribution of $1,600,000 on chat particular site,
but I would say to you that in each event, if we were to give the $1,600,000
in connection with those sites, we would expect that simultaneously the City
would execute a release in our favor, saying that we have satisfied our
requirement as to the number of units that those presentations represent, so
that if, for example, one of those sites had 120 units, and we made the
contribution of $1,600,000 or "X", that as such time as we had put that money
to satisfy that contribution, we would receive from the City an acknowledg-
ment, that to that extent, we have satisfied our obligation under the amended
development order, so that ...
Mayor Suarez: That means you have 105 left to comply with it.
Mr. Traurig: Yes.
Mayor Suarez: If you had 120 in that case.
Mr. Traurig: Yes, and the third project in the new list is what we call the
Latin Quarter project, which was at the N.W. corner of N.W. 12th Avenue and
5th Street. It would have 110 units. It would be five stories of efficien-
cies, one -bedroom and rwo-bedroom. It is proposed by C.O.D.E.C. Title is not
yet in C.O.D.E.C. We have no formal agreement yet with C.O.D.E.C. but we
would also make a contribution to them in connection with the development on
that particular site.
., Mr, plummer: In what amount?
Mr. Traurig: Of $1,600,000. In summary ...
Mr. Plummer: Excuse me. May I conclude this by asking, did you give a figure
on the Vizcaya site?
Mr. Traurig: No, because we are not making a capital contribution. We are
buying those units well in excess of $5,000,000 for the purchase of those
units.
Mr. Plummer: But, you are no making no cash outlay?
Mr. Traurig: We are placing a deposit with an escrow agent as in otner real
estate transactions, and that deposit is forfeitable if we don't comply with
terms and conditions of the contract, and that is to buy at the completion of
the development, so we have a formal obligation, a firm obligation to purchase
those units.
Mr. Plummer: For an agreed price.
Mr. Traurig: For an agreed price and we then would market those units to the
public, and they would be moderate, affordable units.
Mr. Plummer: With the potential of making a profit.
Mr. Traurig: With the potential of losing a substantial amount of money, w�
anticipate . I would say to you that we anticipate losing a very substantial
number of dollars in the development on that site, and that may equate to the
capital contribution which we propose to make to others, but we don't expect
to make profit on that, Mr. Plummer. That is in fulfillment of our obligation
under the development order.
Mr. Carollo: In other words, Bob, in this particular site, what you are
saying is, that you won't be giving up the responsibility for the production
and sale to the City or the community.
101 January 23, 1986
Mr. Traurig: No. We would have that obligation to sell those units. Tne
development order said build. Commissioner Dawkins said provide keys. We are
going to build and provide keys. Then we have to find the people to live in
those units, and we are going to hope to sell those units. I£ we can't sell
them, then we will rant those units, but we will have created those units to
fill the void in that particular community for those apartment units.
Mr. Plummer; But, only on the Vizcaya site.
Mr. Traurig: Only an the Vizcaya site. The ocher sites all entail our
capital contributions.
Mr. Carollo: Okay, that is what I wanted to clarify, if this is for all the
sites, or just this site.
Mr. Traurig: only the Vizcaya site. It has a contract that says we will buy
the units after completion and we will pay them cash.
Mr. Carollo: well, it seems to me that it would be to the City's benefit if
that would be the case in all the sites, because what I am seeing is by them
buying them out of the Vizcaya site, they are not off the hook at all! Some
of the other places, they are going to be off the hook. All they have to do
is give a certain contribution. They are out!
Mr. Plummer: One more question, Mr. Traurig. In the Vizcaya site, what did
you indicate for the record that your potential loss could be on selling chose
units?
Mr. Traurig: We have anticipated a loss of approximately $800,000.
Mr. Plummer: Thank you, sir.
Mr. Dawkins: If this were ... you do have a signed agreement and T said I was
going to vote for it, so I have to ask these questions, because if yogi get two
votes, you have got me; if not, you don't have me, but Mr. Pi-rce, world this
require any zoning variances?
Mr. Pierce: Mr. Vice -Mayor, a quick analysis of that site indicates that it
is zoned RG-1, which is basically a duplex area, and it would require a change
in zoning.
Mr. Dawkins: Mr. Traurig, do you think you could skillfully negotiate the
zoning variances?
Mr. Traurig: Well, when I began co describe that site, I said to you that the
stationary design and development plan prepared jointly by the City of Miami
Planning Department and the County indicated that that site would be used for
high-rise development. That plan was approved by this Commission, or its
predecessor Commission. We would have to go through the process of filing a
zoning application, going to the Zoning Board, and coming to this Commission,
and that is a public process in which there would be input from citizens. We
think it has rationale to support it. Whether or not it would be approved by
this Commission is something that I can't predict.
Mr. Dawkins: But, the site is zoned for multi -dwelling, I mean.....
Mr. Traurig: No, it is not currently zoned, but we think that the action
previously taken ...
Mr. Dawkins: Mr. Pierce, I need for you to listen. You guys, 1 need help
here .. both of you, Mr. Rodriguez, too. Go ahead. I'm sorry, sir.
Mr. Traurig: We think that the action previously taken by this Commission in
adopting that S.A.➢.D. is an indication that this Commission is supportive of
high-rise development in that neighborhood and I would ask your Planning
Department - Mr. Rodriguez, as the Director of it, to comment as to whether I
have interpreted it correctly.
Mr. Sergio Rodriguez: For the record, my name is Sergio Rodriguez. In
relation to that site, it is in the S.A.D.D. plan and in the plan is recom-
mended for high density zoning, so we wouldn't have any problem in recommend-
ing that that size will be zoned for high density.
�- 102 January 23, 1986
0.
Mr. Plummer: Let me ask another question. One of Erie alternatives, Mr.
Traurig, that you proposed in your letter of yesterday, or two days ago, is to
make an outright cash contribution to the City, is that correct?
Mr. Traurig: Well, what we have said is that if you were to select the
Vizcaya site, we would make a cash contribution of $1,600,000, either to the
City or to an entity designated by the City for development in Liberty City.
If you reject the Vizcaya site, we would make a contribution of $3,200,000 to
the City, or to developers to be divided equally within the two communities -
I didn't say equally, but to be divided within the two communities, that is,
Little Havana and Liberty City. We would say to you, and I think I can read
you before you ask this question, Mr. Plummer ...
Mr. Plummer: One of two of us has been around too long.
Mr. Traurig: . that if we have an anticipa red short fall of only $800,000 on
the Vizcaya site, doesn't that create an arithmetic imbalance? And the answer
is yes, and we would say to you that if Vizcaya is selected and permits are
ultimately issued, we would make an additional amount of cash available to be
used in those other communities as well.
Mr. Carollo: Well, maybe we could have three sires, Bob.
Mr. Traurig: Well, I don't think we would support three sites.
Mr. Plummer: Let me tell you ... you are not quite where I am coming from.
You are about half way, okay?
Mr. Traurig: We couldn't have three sites ... Mr. Carollo, you are right. We
could.
Mr. Plummer: Mr. pierce.
Mr. pierce: yes.
Mr. Traurig: But with less money for each site.
Mr. Plummer: What was the City's determination when we started this down and
dirty negotiations before . . as I recall, the City estimated that the cost
factor was around $4,000,000. Is that correct?
Mr. Pierce: Around $4,000,000 - it may have been a little under.
Mr. Traurig: $3,700,000.
Mr. Pierce: $3,700,000, I believe.
Mr. Plummer: $3,700,000, and that was how many years ago?
Mr. Pierce: Early 1985.
Mr. Traurig: - P, year and one-half.
Mr. Plummer: And so that conceivably today could be $4,000,000.
Mr. Pierce: Yes.
Mr. Plummer: Mas o menos.
Mr. Pierce: Hight.
Mr. Plummer: Okay, so if they were to have three sites, and they contribute
$1,600,000 to Liberty City, $1,600,000 to East Little Havana and $800,000 to
the Vizcaya, that is just about the same amount of money, is that correct,
from the City's point, not theirs, but from the City's point?
Mr. Pierce: Your arithmetic is pretty good, Mr. Plummer.
Mr. Plummer: And real sharp management, they could cut down on chat $800,000
loss. Don-t answer that! Okay, now you know where 1 am coming from.
103 January 23, 1986
Mr. Traurig: Well, we were not suggesting $3,200,000 pins Vizcaya. We were
suggesting Vizcaya plus $1,600,000, or we ...
Mr. Dawkins: You know, but you see, you are going to get your $5,000,000 back
for your houses and you will not have paid any penalty at all! You know, this
is why I keep having a problem with your angle of it. You want to get off the
hook Scot free, after havi::g not given promised units for elevenyears and me,
as one Commissioner, I can't vote for it!
Mr. Traurig: Mr. Dawkins, let me take my pad and scratch it out.
Mr. Plummer: No,get your calculator.
Mr. Carollo: Bob, while you are thinking about that, I think what you are
reading from us, goes back to the original statement tnat I made of three
sites. The problem is , that I guess you are looking at it a little different-
ly than we are. See,let's any Vizcaya was selected. you are saying you will
give then only $1,600,000 to another site and we have both of our sites.
Therefore, according to your calculations, you are saving still $800,000, from
what you agreed to give - $3,200,000; however, what we are saying, and this is
why I said three sites, if you give $1,600,000 for two sites and since you are
not giving any money up front in Vizcaya, and you stated that you feel your
loses are going to be $800,000, that comes to four where $800,000 off accord-
ing to your figures is three point two. Now, this being a site such as
Vizcaya, describing everything you did, all the pluses that he did have that
the other sites did not have, I think you have to come to the same conclusion,
you're probably being very liberal in expressing the losses that you have
expressed is $800,000, and you probably, you know, at worst, will break even who know, maybe you will make a little money on it.
4 Mr. Traurig: Let me see ...
Mr. Dawkins: Let me tell you where you are, Commissioner. I just got it out
of the calculator. If he builds 125 units and sells them for $60,000, he ends
up with $7,500,000, so he put out $5,000,000, which was supposed to be a
penalty for not having them ready, and he ends up making $2,500,000.
Mr. Traurig: Let me ...
Mr. Carollo: Well but not in every place he is going to be able, Miller, to
sell them for $60,000, but basically, your figures are correct, you know,
there is money to be made. I think the Vizcaya site is definitely one site
that for one bedroom, he could probably sell for $60,000.
Mr. Traurig; May I ask Mr. Youngling to address you for just a minute. Then
}. I do have the arithmetic worked to be responsive to your statement.
Mr. Charles Youngling: My name is Charles Youngling with Smite Properties. I
would like to address Commissioner Dawkins addition on the $7,000,000. We
just had our market ctudy completed by Keyes Real Estate Company regarding the
marketing of the Vizcaya Project. The results were delivered to our company
yesterday. Their recommended sales prices for that project range from a low
of $5,500,000 to a high a of $6,000,000 for the units as presently designed.
The maximum price for some of the units would be $60,000. The smaller units
would be substantially less than chat, so that it is no where near approaching
$7,000,000.
Mr. Carollo: What is the low to the high, what was is that range again?
Mr. Plummer: Would you repeat those numbers, please?
Mr. Youngling: The low to the high was $5,500,000 to $6,000,000 total sell-
out.
Mr. Plummer: Mr. Traurig, again, would you estimate to me, sir, what your
guarantee to the developer is, to pay him for the project?
Mr. Carollo: $5,000,000.
Mr. Plummer: Was it not $5,000,000?
Mr. Youngling: It is in excess of $5,000,000, that is right
104 January -3, 1996
Mr. Plummer: Where do we come. up with an $800,000 loss?
Mr. Youngling: Because there is a holding cost and taxes on the property, the
condominium maintenance fees until the project is sold our, Commissioner.
Mr. Plummer: So, that ...
Mr. Youngling: And there is the cost of sales also on Erie project. There is
no cost of sales in the purchase contract with be ...
Mr. Plummer: But $800,000 loss?
Mr. Youngling: Yes, sir.
Mr. Plummer: In other words, you are talking about a $1,.300,000 loss?
Mr. Youngling: No, sir. $800,000 loss.
Mr. Plummer: Wait a minute. If you are buying it ... you didn't take math at
Miami High School. If you are buying it for $5,000,000, that is what you are
giving the developer.
Mr. Youngling: No, we are not buying it for $5,000,000. The contract is in
excess of $5,000,000.
Mr. Plummer: Excuse me. Mr. Traurig said $5,000,000.
Mr. Carollo: Traurig said $5,000,000.
Mr. Youngling: It is in excess of $5,000,000.
Mr. Carollo: How much more in excess of $5,000,000?
Mr. Youngling: I don't have the precise figures with me, but it is in excess
of $5,000,000.
Mr. Carollo: Well, Bob, which is it?
Mr. Traurig: I said it was in excess of $5,000,000 also.
Mr, Youngling: I believe the contract is at $5,700,000. 1 don't have the
exact figure with me, though.
Mr. Carollo; Well then, it closer to $6,000,000 instead of $5,000,000, like
t we were told from the start.
Mr. Traurig: When I mentioned the $5,000,000, it was not really for the
purpose of doing arithmetic exercises. You know, I just wanted to say that we
had an obligation to pay a substantial amount of money to buy a finished
product, so I used the figure $5,000,000, because I frankly didn't even know
what the exact number was, but Mr. Gorson, who indicated $5,700,000 is my
partner, and he is the gentlemen who drafted the agreement.
Mr. Carollo: Even at $5,700,000, Bob, based on your numbers, on the high
scale, that you were selling for $6,000,000, which, I would imagine in that
area, you would be hard pressed not to sell them for $60,000, more or less a
piece, which would bring it up to $6,000,000 ... to $6,250,000. In fact, I
think they would sell like hot cakes in that area, at that price. You know,
you are still, even with your own figures, a minimum of $300,000 over, but the
ones I have given you are $60,000 per unit, you are over $550,000 over.
Mr. Traurig: But what one has to take into consideration is what you tail
soft cost — the interest, the selling costs, the other expenses that would be
incurred by the developer from the time he acquired title until he sold the
whole inventory of those units.
Mr. Carollo: So, you are saying, if you are going to buy them for $5,700,000,
you are going to be losing $800,000.
Mr. Traurig: Yes.
105 January 23, 1986
Mr. Carollo: So, with those figures, what you are looking at is $6,500,000,
which fs your total cost, you ere saying - the $5,700,000 plus $800,000 -
$6,500,000, correct? And what I am saying is, that based on $60,000 per unit,
- some
.,:.,
which is the minimum that you're going to sell it for, on an average
looking at
you might sell a little bit less, some a little bit more. you are
looking at $250,000 loss, if it
$6,250,000. So, even based on this, you are
is going to be that.
Mr. Traurig: Commissioner, I think that we have done a conservative, but
We
objective study of a pro forma for the development of this project. really
believe that it will result in a loss of $800,000.
Mr. Carollo: Bob, I'm giving you these numbers working with your own figures.
Mr. Traurig: Let me come around to what I think is a thought that has devel-
have $1,600,000
oped at the table, and that is that if we would contributed
to only lose $800,000
for a project in another location, and if we are going
be in the best interest of the City, and wouldn't it
on this site, wouldn't it
be equitable for us to contribute the additional $800,000 to get those o[ner
units built elsewhere. Is that what you are suggesting to me?
Mr. Carollo: What I am suggesting, Bob, and let me spell it out to you a$
I can, is that we can have three sites instead of two sites,
clear as possibly
and we can do them for basically the same amount of monies as we were discuss-
ing all along.
Mayor Suarez: Commissioner Kennedy.
Mrs. Kennedy: Bob, let me ask you a question. Along those lines, if we get
the three sites, do we still get the $4,000,000 from private funding?
Me. Plummer: Depending on which sites the other two you pick.
I would have to ask them to respond, but I think that the answer
Mr. Traurig:
is they have made commitments through a community development corporation
yes,
contributions and loans, primarily loans by them, to those entities
to make
for the construction on those sites.
r
Mr. Carollo: See, what I have been able ..
Mrs. Kennedy: Okay, do we get them on every site, or are they ...
Mr. Traurig- No, not on the Vizcaya site.
Mr. Carollo: What I have been able to find out, Commissioner, is chat while
it is super positive to have outside foundations offering monies, it wasn't as
maybe some of us thought at the start that these monies were going to be
offered on no matter what site was selected. They are working with particular
community organizations, and only with those. In other words, if we do not
chose 'T' corporation that they have been working with, they will not give it
to another one, and even though again, I am the one that has stated that I do
not want to see these monies lost and I do not, if we are going make the
decision and not foundations that are from somewhere else, and I think you
understand where I an coming from. you know, we are making the decisions
here, not someone else.
Mayor Suarez: Commissioners, and all of you who are interested in getting
this matter resolved, let me tell you my very simple mathematics. We need to
build 225 units, as much low cost housing as possible. To me, that means no
more than $35,000 to $45,000 per unit, so that we can then turn around and
make it available to people who will pay mortgages or rental rates, of no more
than $400 per month - at the very most, $450; otherwise they are not afford-
able to the people in our City who need them. To that end, we need no less
than about $8,000,000 all together, for 225 units, possibly some more than
that. We are going to get approximately $3,000,000 from Swire. I would like
to see that figure go up a little bit, maybe, which leaves us with the neces-
sity of finding matching funds, or free land, worth about $5,000,000. I am
aware of the fact that at least two of the entities in question have been
negotiating and do have commitments. In fact, we have got some correspondence
to the
from the Executive Director of Lisc effect will be forthcoming. One
site can be obtained free from the County, and we can get on with the building
.-, of these units, if we select them. I am ready to vote. I hope that the rest
;'' 106 January 23, 1986
of this Commiss'on has had as much time as I have had, and as much exposure to
all these issues as I have over the last couple of months, and we have a lot
of ocher items to consider nere today. The profitability or nonprofitability
of any one project, were it be at Vizcaya, or the River site, or Sheil Cicy,
or belonging to any one individual does not concern me. In, individuals in
question do not concern me. I have nothing for or against anyone chat is
applying or suggesting a site, but like Commissioner Dawkins, and like ell of
us on this Commission, I wish that we would get on with the business of
building the units, se my mathematics indicates to me that we had better vote
with sites and with entities that have these monies, matching funds, and
lands, or free land available and start building these 225 units, which is
really only a small portion of what our City needs, and on that basis, I
suggest we get on with the business of voting on this item.
Mr. Traurig: We have completed our presentation, but in response to
Commis-sioner Kennedy's question, the only sites that I know of, that have been .
on which Lisk Ford, and Equitable have made commitments, were the East Little
Havana site and the Shell City site. i don't know of any others, but that is
in response to your question. I thank you very much. We are anxious to make
this contribution and to see this housing constructed, as you have indicated,
Mr. Mayor, and we are happy to respond, after we hear the presentation by
others.
Mayor Suarez: Regardless of what happens, I want to, certainly for myself,
tell the Swire people, and I believe for the rest of this Commission that WE
hope that they are not discouraged, as we hope not to be discouraged by the
length of time that this has taken, and continue to build projects in our
City, for whoever they may be. At this point, we are happy to have Construc-
tion and we are happy to have your wealth and your investment in our City. Do
you want to make ... I don't know if we ought to go site by site - we will
never get out of here. Well, what is the Commission's desire on all of this?
Dr. Simpson?
Dr, George Simpson: In regards to the Shell City site, with which we are in
conjunction with Mr. Picts economic development group, I would like to call
attention to the provision of the ...
�jMayor Suarez: State your name and address. I see the City Clerk over there
11 waving here hand.
Dr. Simpson: I am Dr. George Simpson, the Chairman of the Board of New
Christian Hospital, which is working in conjunction with Tacolcy Economic
Development Corporation for the development of the Shell City site, for a
hospital and ...
Mayor Suarez: Give us an address, please, Dr. Simpson.
➢r. Simpson: That is at N. W. 58 Street and 7 Avenue, this site, the Shell
City site. I would like to call attention to the provisions of the resolution
by the County Commission Tuesday, two days ago, in making this land available
for this development in which they said the use of the old Shell City site be
recommended that they should be used for development of hospital and afford-
able rental housing units. It is recommended chat the staff be authorized to
negotiate this position with New Christian Hospital and with Tacolcy Economic
Development Corporation." The Board, by motion duly made and seconded, and
carried, approved the foregoing County Manager's report and recommendation,
including Commissioner Ruvin's recommendation that the anticipated additional
hospital construction cost be assumed by Tacolcy Economic Development Corpora-
tion, instead of New Christian Hospital, Incorporated, plus the contract to
use the land to run concurrently with a certificate of need. There would be
additional cost in it, it was suggested by one of the Commissioners that this
be taken into consideration.
Mr. Plummer: Well, let me go on the record. This Commission was invited to
lunch with Congressman Pepper about three weeks ago - two weeks ago, and he
told me at that time site was not available.
Mayor Suarez: For which purpose, Commissioner?
Mr. Plummer: For housing. Now, I am telling you - Commissioner Rosario
Kennedy was there and you had left, Mayor, and that is what he said to me.
107 January 23, 1986
0 #
Mayor Suarez: Well, I know I have had conversations with him since that day,
and I believe that the matter has been resolved between the two entities. Otis
do you want to......?
Mr. Otis Pitts: My name is Otis Pitts.
Mayor Suarez: Address?
Mr. Pitts: My address is 2021 N. W. 194 Terrace, 1059 N. W. 56th Street, and
several others. I have here today Mr. Mel Adams from Dade County who is
responsible for safeguarding the inventory of all lands. I would like for him
to address the Commission
Mayor Suarez: Well, Mr. Pepper's assistant is here too — Jim Brennan,
Mr. Plummer: Mr. Brennan was at that luncheon and heard the same thing I am
sure that I heard.
Mr. Pitts: Since that time, the land.....
Mayor Suarez: Yet, it has been resolved since then.
Mr. Plummer: Well, I am sorry, you know. Nobody has informed me of the
change.
Mr. Pitts: Well, there is a . we brought a copy of the resolution that was
passed. by the County Commission.
Mr. Plummer: No, sir. I am not talking about the County Commission. I am
talking about Congressman Pepper.
Mr. Pitts: Mr. Brennan is here from his office. He may want to speak to you.
Mayor Suarez: Would you approach the mike, Mr. Brennan, please?
Mr. Jim Brennan: My name is Jim Brennan with Congressman Pepper. Since that
time, Otis Pitts and Dr. Simpson have gotten together with Mel Adams and they
have come to an agreement of a joint use of that land and with certain reser—
vations that Dr. Simpson has put out.
4 Mr. Plummer. Jim, are you indicating for the record at this time that Con—
gressman pepper has changed his mind, and that there is now a different
thinking of that which he expressed at the luncheon?
�.. -. Mr. Brennan: Yes, that's right.
Mr. Dawkins: And that there will be no hospital on the site?
Mr. Brennan: Oh,
Mr. Dawkins: Well, you can't put a hospital and housing on that site! oh,
now, you won-t. Now, I am for the housing or the hospital.
Mayor Suarez: What is the proposal? ... because I know they plan to share the
land.
Mr. Brennan: Well, for years, the Senator has put in for this hospital.
Mayor Suarez: I was initially as skeptical as Commissioner Dawkins, but I
believe it can be done.
Mr. Brennan: If the Senator had to make a choice between housing and the
hospital, I think all of us here know where his heart is , and that is at New
Christian Hospital, but he was hoping that this could bea combination worked
out, where it was the pleasure of both City Commission and the County Commis—
sioners and everyone else, if it were in the best interests of the people,
that he would go along with the combination, but he couldn't possibly give up
his work and his dedication and his feelings that the hospital is needed in
that area where there are 140,000 persons who would benefit greatly with this
institution, and ...
108 January 23, 1986
Mayor Suarez: If he hospital were built, let e ask Oxis a question very
m
briefly - how many units would you still be able to build on the rest of the
site?
Mr. Pitts: We can build the 121 units that ...
Mayor Suarez: That is all I wanted to know.
`.., Mr. Pitts: . . Mr. Traurig described. Additionally, what the County Commis-
sion attempted to do ...
Mr. Carollo: Excuse me - Mr, Brennan, please don't sit down. 1 have one
additional question for you when Mr. Pitts is finished.
Mr. Pitts: What the County Commission attempted to do was to respect the
wishes of this Commission. There was some question raised about. the control
of the site regards to housing, it was simply to accommodate, what you have
expressed on two occasions that you supported - you currently have a UDAC on
file with HUD. You have committed $300,000 to development of the hospital.
your staff justified at the State's hearing on the behalf of the hospital and
the County was attempting in its order to recognize that you wanted to move
both projects or at least were allowing a great opportunity for both projects
to move forward. That is the County's expressed intent in supporting both
projects utili, i, that site.
Mr. Plummer: Mr. Picts, what is the maximum price chat your units would sell
for?
Mr. Pitts: Our units are rental units.
Mr. Plummer: Rental only?
Mr. Pitts: Yes.
Mr. Carollo: Mr. Brennan, for the record, sir - you were sent here by Senator
Pepper to represent him in this particular matter, correct; sir?
Mr. Brennan: He didn't ask me to come down, as you are stating it now, Joe,
but in certain cases, he wants me to use my best judgement on whether I should
come or not, and so that is why I am here, Joe.
Mr. Carollo: All right, so will you thank Senator Pepper for us for taking
the interest in this that he has.
Mr. Brennan: All right, thank you, .Joe. You know how he feels about all of
you.. Thank you, Joe.
Mr. Carollo: Yes, sir, we do.
Mayor Suarez: Okay, can we just have very brief presentations from the rest
of the interested parties with different sites? Otis, I think we have all
heard quite a bit about the Shell City site over the last couple of months,
frankly. If any of the Commissioners want to ask any questions, I am sure
that they will. Ron, do you want to ...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Which site are you going to be addressing?
Mr. Ron Frazier: The Germ City site, you know what that site is, and the
Carver YMCA site.
Mayor Suarez: Stare your name and address for the record.
' Mr. Frazier: My name is Ron Frazier. My address is 5800 N. W. 7th Avenue,
Miami, Florida. What I would like to do first is give you a little background
on the firm that is proposing for this development. Two, give you a little
background on the proposal that they are talking about in terms of its con-
tent. This handout chat I have given you will sort of summarize that informa-
tion. The names of the development company that is proposing for this project
is ACT Services, Inc. The owners of this corporation are listed on the second
page within that, and we give you some background in relationships toward Mr.
109 January 23, 1986
Richard Lake, which is here with me. He Is one of the partners. He is a
developer and a contractor and he has developed over 1,000 units in Jamaica.
My name is Frazier, I am an architect as well as a developer, and I have
developed over 300 units here in this City and in the County and some in
Hialeah. Jesse McCrary is the legal counsel and also a partner. He has been
involved in over 160 units. Howard Gary is involved in finance and management
and he is the president of the corporation.
Mayor Suarez: What are tine legal considerations for us to consider, or
approve a site in which Howard Gary may have an interest in? Has Chet been
resolved?
Mrs. Dougherty: Mr. Mayor, a former employee, or officer of the City may not
transact business with the City, within two years of terminating employment
Mr. Dawkins: Unless ...
Mayor Suarez: Yes, what are the ...
Mr. Dawkins: Unless ...
Mrs. Dougherty: Unless there is a four -fifths vote by tha City Commission.
Mr. Dawkins: To waive, like we have done for others.
Mayor Suarez: So it is a waivable requirement.
Mrs. Dougherty: Yes, sir.
Mayor Suarez: I just want to get that on the record.
Mr. Carollo: Shouldn't we consider doing that now?
Mrs. Dawkins: Has it been waived before for other people?
Mrs. Dougherty: Oh yes, very definitely.
... Mr. Carollo: Shouldn't we consider doing that now before we get ...
Mr. Dawkins: Okay, thank you. So we will be nothing unusual if we do this
now.
Mrs. Dougherty: That is correct.
Mr. Dawkins: All right, I move that we waive that restriction.
- Mayer Suarez: A11 right, we have a motion on the floor. Do we have a second?
Mr. Dawkins: Joe moved. I seconded it.
Mayor Suarez: Moved and seconded. Any further discussion from this Commis-
sion on that particular .waiver of consideration of a project in which a former
City employee may have an interest? ... former City employee within the last
two years? Any further discussion from the Commission? please call the roll.
Wait, I am sorry - Commissioner?
Mrs. Kennedy: I am sorry. Under further discussion, is this something, Madam
City Attorney, that we have done before?
Mrs. Dougherty: Yes, Madam Commissioner, the only caveat to that is, and
there is a 10 day notice and public hearing that is required before that
waiver, so let's put it on the next agenda. It is perfectly appropriate. We
have done it in the past, but to be safe, we should ...
Mayor Suarez: In the event your site is selected and that entity is the one
that ends up developing it, please remember to bring it back and Mr. City
Manager, make sure that we follow the proper procedures.
Mr. Carollo: What I would like to do for the record anyway, if we could, just
go ahead and have the vote in principle and then come back and do it as
required by law.
110 January 23, 1986
0 .4
Mrs. Dougherty: Very g,od.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 86-56
A MOTION WAIVING AN EXISTING OFFICIAL RESTRICTION
WHICH PROHIBITS A FORMER CITY EMPLOYEE FROM DOING
BUSINESS WITH THE CITY WITHIN THE TWO-YEAR PERIOD NEXT
FOLLOWING TERMINATION OF HIS CITY EMPLOYMENT.
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,
ON ROLL CALL:
Mr. Carollo: While voting yes, I would like to state for the record that I
don't think it is right to prohibit an individual from making an honest
livelihood, and in particularly, when he relates to a project that is going to
',. be extremely advantageous to a community that most needs it.
Mr. Dawkins: In voting yes, I have to say that Vince Grimm, who retired from
the City, with better than a $50,000 a year salary, was brought back in less
than two years at $25,000 as a consultant, and there have been others who have
been brought back and therefore, as stated by Commissioner Plummer, a man has
to earn a living and support his family and if he were to go ov.- and stick up
a bank or something, everyone out here would be the first one to say "Look at
him", but because he is trying to make an honest living, I would not dare Vote
no. Yes.
Mayor Suarez: Go ahead.
Mr. Frazier: As I was saying before - this development team, the reason this
company was put together was because there was a lack in South Florida and
Dade County in Black owned and operated development and construction companies
and this is the purpose that it was put together; and the stockholders of this
company have been involved in development from the construction side, develop-
ment, financing and architectural side. It is 100% Black owned, and all
services are required for this project is in house. We have legal counsel in
house. We have service in house. We have construction in house. In
terms of the advantages, we looked at to the opportunities in Liberty City and
we looked at two other sites, the 61 Street site, which is known as Germ City.
I have been involved in this particular area for the last 14 years in terms of
doing a lot urban planning and proposals not only for community development,
neighborhood development, things of this nature and if you go back to your
housing plans that this City has proposed and you look along 62nd Street, you
will see that the City has committed an abundant amount of money on N. W. 62nd
Street, known as MRK Boulevard, for the purpose of revitalizing it. You
purchased property along 61st Street, the County has purchased property along
62nd, and that is a part of your housing plan called King Heights, it is in
your development plan, and this site ...
Mayor Suarez: Ron, how many units would you propose to build on this site?
Mr. Frazier: 114 units on this particular site.
Mayor Suarez: 114? Do you have any idea of the approximate cost to the buyer
or the renter?
Mr. Frazier: Yes, I do, but I would like to go through the advantages and
disadvantages so you can understand one item and we will get to the costs.
This sites targets the City-s long term high priority area in terms of Liberty
ill January 23, 1986
t
City and the si.a has been reserved for housing. Two, it addresses the
housing needs of the poor, the heavily populated Black areas. It addresses
the housing needs of the poor, neglected. It addresses the housing nerds of
the public housing, persons who have been waiting on the public housing list.
It can also become the catalyst to begin to remove blight and decay from this
particular area, but I think more important, the land is not being used for
prime sites, such as the hospital and commercial developments. I am also very
familiar with the Shell City site and I think they have a proposal that I did
in 1977, dealing with the highest and best use of the site. I was also
involved with Dr. Simpson when the HUD voted that property to him. If you
notice, there has already been 161 units of senior citizen housing put on that
site, which was the housing that was a part of that joint use proposal. The
balance of that property ...
Mayor Suarez: What used to be a larger site, I presume.
Mr. Frazier: 8 acres - 7.75. The balance of that site was to be utilized for
hospitals as well as commercial development, so I think that the Shell City
site has already received its allotment of 151 units of senior citizen hous-
ing. The other site we are talking about is the YMCA site which we have
designated for 7 single family homes for sale, and in this particular area, we
think it can be upgraded, because the current site is the old Carver YMCA site
and by providing home ownership will add to this particular area and stabilize
it. I think the other three advantages as it relates to the sites we are
looking at is that it is going to provide some ownership and jobs to local
Blacks. The whole development team that we are talking about is Miami based
and not from out of town. I don't think that we would jeopardize any of the
commercial development that would be happening on the Shell City site. In
terms of the prices that you are talking about, the single family homes, which
are 7 units and in the back of that document you will see floor plans and a
proposal for those homes. We have built those homes before for HUD and Mel
Adams can attest to them there are 15 single family homes of similar quality
built in Hialeah for public housing and he can attest to the
quality and the nature of those particular houses. They would sell for
$57,000. There are approximately 1,253 square feet. There are two different
model types, one with a car port and one without. In tucros of the apartment
units, we are talking about a mid -rise buildings of 114 units, of which it
would be split between two and three bedrooms and .
Mayor Suarez: How many floors do .you call mid -rise?
Mr. Frazier: We are talking a 6 story building, and if you look at the Model
City area or the Liberty City area, we seem to get only 3 story masses, but I
think this is the beginning to try to begin to change the character along 62nd
Street. That sort of completes the presentation as it relates to that.
Mayor Suarez: Do we have another entity that wants to make as quick a presen-
tation as possible?
Mr. Frazier: Excuse me. The cost of the rental . the apartment units are
rentals and the cost of that is $300 to $400 a month and there are examples of
the floor plan in the back of that document as well.
Mr. Pitts: Mr. Mayor, if I may, very briefly - Otis Pitts. Very briefly,
here is some information I would like to share with all of the Commissioners.
Dr. Simpson: On another item, in fact, there are only 100 units of elderly
f housing at the Shell City site, not 151.
Mayor Suarez: Next entity, please.
Mr. Plummer: Wait a minute! That is under the other proposal, Doctor.
Mayor Suarez: No, that was done some time ago.
Dr. Simpson: A reference was made to the allocation of housing in the area
already there. There was not 151, but only 100 units.
Mayor Suarez: This used to be a bigger parcel, apparently, and some units
were built there, is what the reference was made to.
112 January 23, 1986
t
Mr. Plummer: But with this project in particular, now that we are talking
about is proposed for 121.
Mr. Pitts: For 121 units, and of course, because it is mid -rise, similar to
what Frazier is proposing for his site, because here again, we are not talking
about spreading out, we are talking about going up.
Mayor Suarez: How many stories is your mid -rise?
Mr. Pitts: Approximately 8 stories.
Mayor Suarez: A little bigger.
Mr. Pitts: yes, it is a 7 story mid -rise congregate for the elderly, Section
8 project, 107 story mid -rise.
Mr. Plummer: Is there any retail involved with your project?
Mr. Pitts: Not at this time, sir. What we are looking at now is again
sharing the sites, as indicated. There are a couple of things I would like to
have you take note of in here.
Mr. Plummer: Wait a minute. Let's back up on that answer. Not at this time!
Mr. Pitts: No, the answer i,
Mr. Plummer: Thank you, sir.
Mr. Pitts: The only thing I can make reference to with regards to the site is
that in 1972, this Commission had a resolution of 72-79, requested that HUD
set this site aside for housing in Aprii of 1972. That is when the site was
acquired by the Dade County. So, this is keeping with that. Additionally,
Mr. Frazier, in a study that he prepared, on D.D.A. in 1977, found the kind of
proposal we have for the site, to be suitable for the site. We think it is
within the current zoning requirements, zoning, if you will, for the site. We
feel it is compatible with the current use, and there i- no way out of keeping
with the expressed will of this Commission and what is the need in that
community. Our proposal specifically attempts to address the issues for
revitalizing 7th Avenue commercial corridor. The merchants in the area have
endorsed this project. There are many of them here represented today because
of their interest in it. Dr. Wells has said if necessary he would like to
speak to the issue, but of course, if it is not the Commission's will, we
won't have him do that, but there's strong support for this project, it is
consistent with the revitalization efforts we have undertaken in the communi-
ty. We feel it is a critical ingredient, or part of the catalytic effort that
is now under way in revitalizing that corridor.
Mayor Suarez: Otis, is the Miami Dade Chamber represented here - are they
supporting any one of these sites or projects?
Mt. Pitts: The Miami Dade Chamber representative is here, or was here. They
have been hosting the meetings with the merchants in our area. The Executive
Director of that agency is here today, along with others from the 7th Avenue
corridor
Mr. Frazier: They have not made a motion to move forward.
Mayor Suarez: There is no recommendation from tnem?
Mr. Frazier: Miami Dade Chamber has not taken a position on that.
Mayor Suarez: Thank you for the clarification.
Mr. Pitts: I am also on the Board.
Mayor Suarez: So we can ...I'd like to be on the Board!
Mr. Plummer: Pay your dues!
Mayor Suarez: Maria Elena,
113 January 23, 1986
Mrs. Maria Elnna Prio: My name is Maria Elena Frio. I am President of the
East Little Havana Community Development Corporation. I am going to be very,
very brief.
Mayor Suarez: Thank you!
Mrs. Prio: Tne site we propose is at 5th Avenue and S.W. 5tn Street. There
are two lots, one at 501 S.W. 1st, and the other at 534 S.W. 1st Street,
within the area known as East Little Havana, which we believe, along with
Liberty City, are the two areas where housing is located in this community.
The number of units proposed is ill units. The average price per unit would
be $41,000, and the average monthly payment would $303. We have $1,900,000 in
support from national foundations. That is it. Thank you very much, and I
would like to thank the residents and the merchants in the area who spent all
afternoon here.
Mayor Suarez: Tell us the number of units in the proposal?
Mrs. Prio: Ill
Mayor Suarez: Ill? Rental or ...
Mrs. Prio: Sale - $41,o00 is the average cost per unit, and $303 is the
average payment per month.
Mayor Suarez: If you get this project, it may turn out to be much higher then
$41,000. You are going to hear a lot of screaming from this Commission,
including myself, Commissioner Dawkins - I think all five of us. That we$ a
brief presentation. We appreciate it.
Mr. Julio de Quesada: My name is Julio de Quesada, Executive Director of
CODEC Inc.
Mayor Suarez: de Quesada. Ma'am, just record it as well as you can. We nave
got to move on.
Mr. de Quesada: 2929 S.W. 3 Avenue. First of all, I would correct Mr.
Traurig, in the address. Our proposed lot is in the southwest area - south-
west, not northwest, 12 Avenue and 6 Street in the heart of Little Havana's
Latin Quarter. Therefore, we have to abide by the Latin Quarter ordinance.
The zoning is correct. You have the correct zoning for what we propose, the
prices and mix of the apartments, we propose 112 units. We propose'112 units
with a mix of 20 one -bedroom, which is 18%; 68 two -bedrooms is bl% and 24
three -bedrooms is 21%. It is based on the official mixed population according
to the census, and our previous experience in the area. The monthly payments
Mayor Suarez: I want to tell you, Julio, before you proceed, that you are not
losing your audience here, from the Commissioners - they are going to use the
facilities. I won't tell you which exact facility, but 1 will tell you that
they are all wired for sound and they will be able to hear your presentation
'? as they do whatever it is they are doing there.
- Mr. de Quesada: Thank you, Mr. Mayor. The proposed financing of this
project - the monthly payments, to the buyer, not the renters, would be $254
monthly for the one -bedroom; $262 for the two -bedrooms; and $330 for Lou
three -bedrooms. The average combined rare in the construction and loan of
this project is under 7%, using the surtax, second mortgages and the first
mortgage with the bond of nine seventy which we are presently using in other
projects.
Mayor Suarez: Are you talking about the County's surtax program?
Mr. de Quesada: Correct, which we are presently using in our project.
Mayor Suarez: County administered surtax program.
Mr, de Quesada: Yes. The combined average of the first mortgage, using
bonds, and the second mortgage, using the surtax is under 7%. Now, this lot I
think has a great attraction for the City of Miami, because the City has been
investing ...
114 January 23, 1986
Mayor Suarez: Thais 107% of what per unit cost? I am sorry.
Mr. de Quesada: It is 7%. it is the average rate ...
Mayor Suarez: Oh, 7% is the rate of interest.
Mr. de Quesada: Rate of interest. Now, the average - I don't have an average
unit cost. I have broken down this to the units. The one -bedroom units would
$36,000. The two -bedroom would be $44,000 and the Lhree-bedroom would be
$56,000.
Mayor Suarez: Counselor, do you want to add anything?
Mr. de Quesada: The area, I was saying, in my opinion, is very attractive for
the City of Miami, first because of its exposure, second because it is the
heart of Little Havana and third, and last, because it would match praccical-
ly, dollar for dollar the investment the City has done in rehabilitating that
area and making it attractive, precisely in Latin Quarter for private develop-
ers. In other words, the City has an investment there enhancing this area and
building infra structures for years and we are implementing the Latin Quarter
ordinance. By the way, we have commercial at ground level, and the reason for
that is because that is the requirement of the ordinance. Our legal counsel
here...
Mayor Suarez: How high are the units, one more
Mr. de Quesada: It won't go beyond five stories, and we think that we can
make it ...
Mayor Suarez: It will not go beyond five stories?
Mr. de Quesada: No, at least four stories. I am sorry an architect from
Pancoast advisors couldn't make it here.
Mayor Suarez: Mr. Goytisolo:
,. Mr. Augustin de Goytisolo: My name is Augustin de Goytisolo. I am an attor-
ney with offices at 169 East Flagler, Suite 1000, Miami, Florida, 33131. I am
the President of the Cuban National Planning Council, Inc., which is the
holding company of CODEC, and the reason I am here is primarily to rectify Mr.
Traurig with regards to the fact of whether or not we were under contract. We
are presently under contract to buy this site. our property is comprised of
two sites, one on the corner of 6th Street and 12th Avenue. The correct
address is 616 S.W. 12 Avenue, and we also have a contract from the adjoining
3 site, so we are in a position to close both contracts at any time and proceed
- with the project. We feel that this project in this area is highly qualified.
In other areas, like in Little Havana, they are similar moderate, low income
housing. In the Latin Quarter, there are none. I know there is one in East
Little Havana, because we are all joint ventures with Vals in that project on
8th Street and 9th Avenue. However, our area, we feel further that it is area
which will be much more appealing to the younger population, which is the type
of population we want to entice to go back to the area. We thank you for your
time.
Mayor Suarez: Thank you, Counselor. Dr. Wells, do you want to make it 30
seconds?
Dr. Earl A. Wells: My name is Wells, Dr. Earl Wells, and I live at 901 N.W.
41 Street in Miami. I am the Executive Chairman of the Model City-s Edison
Center Merchant's Association, and a number of people that you see here today
_ are here primarily because of the fact they wanted to make certain that the
Commission knows that we not only have HUD; that's the report that came from
Mr. Otis Pitts on the Shell City site, we have approved it. We are here to
let you know, Mr. Mayor, that we are concerned about the development of the
Shell City site, which happens to be what we consider to be one of the most
important sites in need of development in the area. At the present time it is
an eyesore. It is not helping our businesses. I am representing some 220
businesses in that particular area. We are interested in developing the 7th
Avenue corridor. We would like to see that corridor developed the same as you
developed S.W. 8th Street. for Latins. We believe we can do that with your
help. Your aid and assistance in actually working with us to develop that
site will help those businesses to develop even further. I would like to ask
the ...
"'j 115 January 23, 19136
Mayor Suarez; I wish I could claim to have developed S.W. 8 Street. I am
just a poor politician.
Dr. Wells: Well, the point about it is, we arc very, very much concerned
about development in our area and we a r u concerned about development in our
area because of the fact that we believe that we should have a development
similar to that that you have on S.W. 8 Street, and so, what I am saying to
you in so many words, that we are not here just to represent developers alone;
we are her, to represent the people, and if you want, I think, if I asked the
merchants out here to stand, I think there must have been about 50 here today.
Mayor Suarez: How many are left? Do you want to stand up?
Dr, Wells: Would the merchants here stand? How many merchants do we have
present? Would you please stand, all of you that are here - the merchants?
Outside? Please come in, all of the merchants that were here. Come in. We
had originally some 50, but we have small businesses, so they had to leave,
but we don't want you to get the impression that Mr. Pitts came here alone.
He came here representing us. We once developed a merchants class in our
area, and we think we are into that process. Anything you can do to help us
along that line, we would certainly appreciate your vote.
Mayor Suarez: Thank you, Dr. Wells. Sir?
Mr, Hernando Carillo: My name is Hernando Carillo. I live at 1641 Tigertail
Avenue, and I represent the Vizcaya site, and ...
Mayor Suarez: In what capacity?
Mr. Carillo: I am the developer for the site. I am under contract with Swire
Properties. I will make my statements pretty brief. I know everybody has
heard them all. Basically, I would like to break down the issues to urban
issues and economic issues here. That is the way I view it because I am a
architect. But, the site that we are talking about, Ithink makes the first
significant and important statement about establishing new r4iership for rapid
transit. All right, secondly, it establishes and gives direction, stability
to the neighborhood in that area, which has really been in a state of flux
since '78-'79, when the rapid system initiated in the station area, a planning
program was evolved. Thirdly, the proposed site is within seven to eight
blocks to Peter and Paul School, Coral Way Elementary, which are the two main
Spanish Schools in that area, and are a bulwark of concentration for the
Hispanic community in the neighborhoods in that area. And finally, as we go
to the economic issues, it is really the only site in the group that is under
contract. It has plans and specifications and is ready to go. I am ready to
go in 120 days. I have the plans and I am waiting for your approval.
Mayor Suarez: When you say the area is in a state of flux, what do you mean
by that? I ask that because I live very close to there. I want to know what
the flux is.
Mr. Carillo: All right. The neighborhood in there is in a state of transi-
tion.
Mayor Suarez: For the better, or for the worse?
Mr. Carillo: Well, I think that that is something you need to drive by and
look at.
Mayor Suarez: I have my own opinions of the area.
Mr. Carillo: Okay, well, everybody, I am sure, is entitled to their own
opinion.
Mayor Suarez: It is a very stable area.
Mr. Carillo: Across from the rapid transit station, there are an enormous
number of automobiles. Anyway, getting back to what I was talking about, 1
have plans, specifications, I am ready to move on right away. Swire Proper-
ties is not let off the hook with me. They are obligated to supply the units
and sell the units. They are left in there holding the situation. It is
really the bnly site under discussion that is not asking for any subsidies. I
116 January 23, 1986
am putting up the money, I am borrowing the money. There are no subsidies,
Swire Properties is ...
Mayor Suarez: No, that is not correct. From our perspective, (Bob, correct
me if I am wrong on this) if we were to select that site, we would have only
left how much money for the other units?
Mr. Traurig: We initially indicated chat we will make $1,600,000 available
for the other units in the Liberty City Area.
Mayor Suarez: So if we select your sire, sir, we are basically using up $1.4
million in subsidy.
Mr Traurig: I'm not getting it, Mr. Mayor.
Mayor Suarez: I don't care who gets it, I just care about the units being
built. We're using up of the three million $1.4 million if we select your
site, so please don't confuse that point.
Mr. Plummer: Or Swire can coma up with four million.
Mayor Suarez: Or he can come up with the money, sure.
Mr. Carollo: We are using how much from that again?
Mayor Suarez: The other $1,400,000. In effect, if you subtract from
$3,000,000, they are willing to give us$1,600,000.
Mr, Carollo: That is according to ...
Air. Dawkins: What he's willing to give and we are willing to accept is a
different thing. You may want $4,000,000. You may want $5,000,000, so let's
don't say no percentage of $3,000,000, because nobody up here has agreed to
accept $4,000,000 yet ... $3,000,000•
Mr. Carollo: That might be according to Mr. Traurig's r'.ient's -ciculations -
the ones that I gave according to their own figures don't show that at all.
Maybe we are doing different types of mathematics. Maybe they are doing
algebra and doing geometry, I don't know!
Mr. Dawkins: You are doing it in Spanish and they are doing it in English!
Mr. Carollo: It still comes out the same.
Mr. Carillo: All right, my final point is this. I£ my site is selected and
we go into production of 104 units there, there are significant funds released
to do other sites and other projects other than mine. Thank you very much.
Mr. Dawkins: Mr, Pierce and Mr. Rodriguez ... you can stand, Mr. Pitts ...
presently on the site that Mr. Pitts wants to use, there is presently a high-
rise. Mr. Pitts would have to apply for zoning, or is his zoning in order, or
what would he have to do?
Mr. Walter Pierce: The basic zoning is in place. It is an overlay district
and it would just simply require review under the overlay.
Mr. Dawkins: He would not have to go through a whole lot of zoning variances
and whatever, so he would be ready to go?
Mr. Pierce: No, he would have to go to the Zoning Board, which has final
jurisdiction unless appealed to the Commission.
Mr. Dawkins: Thank you.
Mayor Suarez: Is this Commission ready to vote on this item so we can get on?
... or to express their views, whatever?
Mr. Plummer: Mr. Mayor, I picked two out of the three sites that I like. Mr.
Traurig, did you hear my comment, sir?
Mr. Traurig: Yes, I did, Mr. Plummer.
117 January 23, 1986
Mr. Plummer: Thank you, sir.
Mayor Suarez: I will entertain motions from the Commission at this point so
we can get on to the next item. What is your pleasure?
Mr. Plummer: 1 haven't made up my mind on the third site.
Mayor Suarez: Give me the first two, give me anything.
Mr. Plummer: I will give you the first one. I move chat one site that is
selected is East Little Havana site.
Mrs. Kennedy: I second it.
Mayor Suarez: Motion has been made and seconded. Any further discussion from
this Commission on that motion? please call the roll.
The following motion was inrroduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-57
A MOTION SELECTING THE EAST LITTLE HAVANA SITE AS ONE
OF THE STT FCT@D SITES FOR THE CONSTRUCTION OF
LOW/MODERATE INCOME HOUSING OFF CLAUGHTON ISLAND.
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
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: I vote no, because I think they should go on the island and he
should be made to build 200 units.
Mayor Suarez: Commissioner Dawkins, I have to say you are consistent. Any
further motions from this Commission?
i
Mr. Plummer: I move we adjourn!
Mayor Suarez: Other than adjournment! (LAUGHTER) I move the Tacolcy Econom-
ic Development site - Shell City site.
Mrs. Kennedy: I second, Me. Mayor, and under discussion, let me just say that
2 I have given this subject a lot of thought. I thought that I leave with a
decision to abstain, but after weighing all the evidence, I realize that I
could not live with myself, with this City, especially with the housing
problems that we nave, to lose $4,000,000 of private funding - and we are not
only talking about $4,000,000, but we are talking about the possibility of
- these foundations not coming any more to us. That is my reason in voting this
way.
Mayor Suarez: Further discussion from the Commission?
Mr. Dawkins: Yes, I fail to see now the rejection of anything offered here
today would preclude any entity that were genuinely concerned about this area,
as to say, "We will hold our aid hostage, and if you do not abide by the rules
and regulations which we set down, we will no longer attempt to assist you."
That is wrong, and not right, and I am not saying it in malice, I am stating
it as a fact, and any individual, who says publicly, privately, or even thinks
that this area does not need your help, and the only way we can get it is
abide by your rules ... I really don't need you to help me.
Mayor Suarez: Any further discussion from the Commission? please call the
roll.
118 January 23, 1986
MOTION FAILED. Motion to select Shell City site failed by the following
AYES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Plummer. Jr.
Vice —Mayor Miller J. Dawkins
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: As I stated before, I cannot let this developer off the nook
with no lousy $3,000,000 penalty. I vote no.
Mayor Suarez: Okay, we have now voted on projects that are equivalent to how
many units?
Unidentified speaker: 120.
Mayor Suarez: What?
Unidentified: 120.
Mayor Suarez: We are sort of using the formula I proposed in the first
instance. Do we hear any more motions from any other Commissioner as to any
other sites?
Mr. Plummer: Mr. Mayor, may I ... under discussion, Mr. Traurig, I still like
three idea concept.
Mr. Traurig: Mr. Plummer ...
Mr. Plummer. I will tell you, I am laying my cards right on the table, all
right? Here is an opportunity, in my estimation. I don't ne,-essaril� agree
with your $800,000 loss. I will entertain that you could lose some money. I
am looking at the fact, Mr. Traurig, that if two sites are chosen under this
pretense here, you are willing to come up with what you said you would come up
with two years ago, and that is $3,200,000. I think this is an opportunity
for this City to have an additional 100 ... wharever the other site is ...
120, for little or no money, or basically, as I have said before, three sites
for the price of two.
Mr. Traurig: we are prepared to help you accomplish that. Let me explain to
you what I think should be the arithmetic on that.
Mr. Plummer: I am listening.
Mr. Traurig: You know that we had said initially, that our c.,mmitment was
$3,200,000. _
Mr. Plummer: No, that is what you offered.
Mr. Traurig: That is what we have offered, and we have indicated to you that
in our opinion, and objective analysis of the pro forma for the development of
the Vizcaya site indicates that we would lose $800,000. Assuming that that is
correct, we could increase the $1,600,000 that we have indicated that we could
live with, to a total of $2,400,000. In other words, we said that if Vizcaya
was selected, we would contribute $1,600,000. Now, we are saying we would
contribute $2,400,000, so we are adding another $800,000. If you look at it
from the standpoint that the total obligation Of the developer is $3,200,000,
that would be comprised of the following numbers — $800,000 loss at Vizcaya,
and another $2.400,000 total for two Other sites, one of which would be at
East Little Havana, and one which would be in the Liberty City area, but that
would mean that rather than one site getting $1,600,000, it might be that they
only got $1,200,000, but we will have increased the number of dollars that we
are contributing to the development of housing in the City of Miami by another
$800,000 in this manner, and then you will have three projects.
Mr. Dawkins: May I ask a question, Mr. Plummer?
119 January 23, 1986
Mr. Plummer Sure.
Mr. Dawkins: Why is it that this Commission can't demand that they assume an
$800, 000 loss for not having built the units on rime? Why do we have 'acontinue to sit up here and let him tell us that he is so sorry that he is
going to lose $800,000 and we ought to feel shame for him and break down and
cry and let him off the hook. Why? I mean, if he is going to lose $800,000,
he should lose $800,000 for taking 11 years to build 200 units of housing tnat
they promised the City of Miami, which the citizens of Miami need badly.
Mr. Carollo; Miller, but again, they are not going to lose $800,000.
Mr. Dawkins: That is what he said.
Mr. Carollo: That is super inflated.
Mr. Dawkins: I know that, but we are saying the same thing, Joe, okay? What
he is doing is getting off the hook, What he is doing is getting off the
hook!
Mayor Suarez: Well, I would pass the gavel and make a motion at this point to
select ACT Services Inc., developer in Germ City site, Which is now many
units, Ron?
(INAUDIBLE BACKGROUND C0A24ENTS)
Mayor Suarez: So it will be 120 all together, but 114 is the bulk of it? How
much money would be available for that one, bob?
Mr. Traurig: $1,600,000.
Mayor Suarez: Including the money that is already committed to East Little
Havana?
Mr. Traurig: We have indicated ...
Mayor Suarez: $1,600,000 and $1,600,000?
Mr. Traurig: We have indicated that if you do select Vizcaya, which we
strongly urge that you select, we would make $3,200,000 available; $1,600,000
would got to East Little Havana; $1,600,000 would go to the project in Liberty
City.
Mayor Suarez: Sounds like this Commission wants us to select two sites and
also still have you develop the Vizcaya site, but that is up to you. You can
take losses wherever you like to and make profits wherever you would like to
from my perspective. That is my motion.
Mrs. Kennedy: Again, what happens to the private fund — $4,000,000?
Mr. Plummer: No, no. That is not really $4,000,000. That is a paper
$4,000,000.
Mr. Dawkins: Let's not have any discussion without a second.
Mrs. Kennedy: Okay. We need a second.
Mr. Dawkins: Is there a second to the motion? Twice, is there a second to
the motion?
Mrs. Kennedy: Second for discussion. Okay, second for discussion.
Mr. Dawkins: Go right ahead, Madam.
Mrs. Kennedy: My question Bob, what happens to the $4,000,00o in private
funding?
' Mr. Traurig: If you are talking about the money which Lise, Equitable and '..
Ford would have contributed, I can't answer that. I would ask if a represen—
tative of those entities are here, that they should answer that.
Mrs. Kennedy: Is there any representative here?
120 January 23, 1986
Mr. Plummer: Well, you had ... where is Mr. Frazier? Me was speaking for
that entity.
Mayor Suarez: The whole point of my motion, and my other proposed system of
selecting sites is that we would also attach a limitation on the period of
time in which these entities would have to build these units or at least show
that they have the feasibility to build them.
Mr. Carollo: Absolutely!
Mayor Suarez: And if they didn't ...
Mr. Plummer: Excuse me, Mr. Mayor, the policy Of this Commission is those
units must be completed in January of 1987 - completed!
Mayor Suarez: Thank you. Even better, they have to be completed within 12
months, and I presume that before that would happen, they better satisfy Swire
thatthey have the ability to build them, so where they find the money, as
long as you have got a commitment to build those units ... see, that is why I
propose a mechanism for putting the money back into the pot, if somebody
couldn"t come up with the feasibility within six months, or whatever period of
time we found advisable, but anyhow, that ...
Mr. Traurig: Mr. Mayor ...
Mr. Picts: May I respond to Commissioner Kennedy"s question regarding the
foundation dollars? First off, foundations cannot make money available to
for -profit corporations. Until rather recently, or in the submissions that
were made by Swire Properties, there are only two groups, nonprofit groups
being considered. Ford Foundation, Equitable and Lisc had negotiated over an
extended period of time to make those dollars available and were committing
those dollars to the groups that were nonprofit groups for these basic rea-
sons - one, the groups were in areas that didn't have the mobility to take
those dollars, or their profits and run with them. That is number one. We
are all fixed in locations as you have mandated in your support for certain
C.D.C. These groups would reinvest their profits back into the community. It
represents for the first time in the history of this community where a signif-
icant Latin and Black involvement went together in a project where we are
sharing expertise in an informal fashion. There was a incorporating commit -
Lee, there was a development committee that was being formed between these two
groups. They were supporting that concept as a neighborhood housing concept.
Those monies were not available for the for -profit groups and the Ford Founda-
tion in effect, and Lisc and Equitable said not that they wouldn't participate
g
in this community, but here was an opportunity to participate in some signifi-
cant fashion, and therefore they would not make those monies available to
those for -profit groups. That was the basic position.
Mr. Plummer: Question of Mr, Frazier, Mr. Frazier, you have heard the
comments of Mr. Pitts. I am assuming that when you present a package to us
,
that you have the wherewith of financing that project.
Mr. Frazier: (INAUDIBLE: OFF MICROPHONE )
Mr. Plummer: Then the question to you, Mr. Traurig, is that you have accepted
they are capable of financing.
Mr. Traurig: No, sir.
Mr. Plummer: What?
Mr. Traurig: We are not passing judgement on their ability to finance and
develop their site. We are saying that we will make $1,600,000 available for
each site. we want to be relieved of obligations under our development order
n once we have funded the $1,600,000. We would be happy to give a total of
$3,200,000 to the City of Miami, which could in turn, could monitor the
utilization of that money, but we don't want to put $1,600,000 into a project
and then find that there is a shortfall and that we have an obligation to come
up with another several million dollars to complete chat project. We are
saying that if we can't be relieved of our obligation of $3,200,000, that we
will have no alternative except to do what Commissioner Dawkins has asked that
we do.
121 January 23, 1986
Mr. Frazier: I have a question.
Mr. Dawkins: Wait a minute. Do you want to put them on the island? I want
to see tnac. I make a motion that they put the 200 units on the island as the
Counselor just said that they are committed to do.
Mr. Plummer: You are out of order. There is a motion on the floor.
Mr. Carollo: Only if there is a substitute motion. Then you are not.
Mayor Suarez: }laving received the Chair back, the Chair will accept that as a
substitute motion. We can vote on that and go back to the initial motion. Do
we have a second on that?
Mr. Dawkins: Go back to the original motion.
Mayor Suarez: We are back to the original motion.
Mr. Dawkins: Go ahead.
Mr. Frazier: If I understand ...
Mayor Suarez: We all want to know, of course, how you plan to build
$1,600,000, 100 and some units ...
Mr. Frazier: I am going to answer that.
Mayor Suarez: ... being a for -profit entity.
Mr. Frazier: I have a question, and my question is Swire is required to build
225 units. $3,200,000 equals roughly $16,000 a unit. You don't build any
units for $16,000. $16,000 builds roughly 300 to 400 square feet. A unit,
minimally is 650 square feet if it is a one -bedroom; roughly 750, 600 square
feet if it is two -bedroom's, and you are up around 1,000 if it is a three -
bedroom, so $3,200,000 does not build 200 units anyway you 1 ok at i:. In
terms of the financing .
Mr. Plummer: Mr. Frazier, understand, you are asking where that came from.
That was their proffer to buy out of the City's obligation. It was never
accepted by the City.
Mr. Frazier: All right, I just want to remind City that $3,200,000 does not
tl- buy out 200 units, no matter what your ... you know, in your deliberations.
1
i Mayor Suarez: That is why I said that we needed about $5 ,000,000 more from
other sources.
Mr. Frazier: Okay. In terms of the financing, we have submitted a package to
Swire that illustrates how much 121 units will cost to finance, how much is
needed from Swire and what you failed to realize is, when you talk about
Vizcaya Station in terms of its housing, we are talking about an area that
anybody can build in. When you talk about Liberty City and building it, the
flags rise, and it is only because of this, okay? We ail know that, and we
all know it can be very difficult to build. We are talking about a profit-
making venture. Otis is in a nonprofit situation. He is going to have the
same problems. It is Liberty City. It is going to be a lot more difficult to
build in that particular area, but we have submitted the numbers on what is
f needed in terms of building those units, and it is $5,400,000 to build 121
units.
Mayor Suarez: Supposing you got $1,600,000, Ron?
i Mr. Frazier: If you give me $1,600,000 ...
Mayor Suarez: Where would you get the other $3,800,000, if I may ask?
7 Mr. Frazier: We would borrow it from the bank. We would have to finance out,
i and part of that agreement, I think, needs to be hit with Swire, but your
„s. obligation is to help build the units. You nave produced the financing for
that. Now, we have had some discussions with some local banks, and I think we
can get the financing, but that is not the issue here. The issue is, they are
122 January 23, 1986
t i
supposed to build 20 units. We nave a site that can accommodate 121 of that.
If they want to give up $1,600,000, that translates to 52 units of their
money. If we finance it out, it translates to 75 units, so the issue ts, nc�
money will equal the number of units you get in the end. We have the capabil-
tty and the background to do it. That is not the issue here.
Mr. Dawkins: Well, I will not be voting for this one either for the same
reason - that you can put them on the island, but as he said, and Mr. Picts
should be lauded for doing what he is trying to do, and whoever is going to
work with him, they should also be commended for doing what they want to do.
But, I still say, I don't see bow this Commission is going to let this devel-
oper, who defaulted on an a 11 year old debt, off the hook for $3,000,000!.
The only reason you are going to do it is because a private foundation is
helping to bail him out by providing money to build the units. I'd rather see
the nonprofit group go with Mr. Pitts and put the units up without anything
from them . I mean, if they really consider it. I mean, Mr. Pitts, and
going to help us.
Mayor Suarez: Well, they always require matching funds. Can I just ask, Mr.
Chairman, Otis - if you have $1,600,000, can you build the number of units you
are talking about, with matching funds and with the free acquisition of land,
etc.?
Mr. Pitts: At 121 :-nits, as proposed right now, it will limit it at about
$1,900,000, $2,000,000. It there is no way that anyone, any developer, and 1
defy anyone to tell me they will build 121 units, the $1,600,000 and have the
rent rate at $300, at $400, and borrow conventional money and chat cannot be
represented to you.
Mayor Suarez: Mr. Chairman, members of the City Commission this matter has
been going on for 10 years. I will withdraw my present motion and again move
for the Shell City Tacolcy Development site in the hopes that we can finally
work this out and get this resolved and move on with the process of building
225 units. That is my motion again.
. Mrs. Kennedy: And again, I second your motion.
Mr. Dawkins: It has been property moved and seconded. Any further discus-
sion? Call the roll.
MOTION FAILED. Motion to select Shell City Tacolcy site failed by the follow-
ing vote:
AYES: Commissioner Rosario Kennedy
NOES: Commissioner Joe Carollo
Vice -Mayor Miller J. Dawkins
ABSENT: Commissioner J. L. Plummer, Jr.
ON ROLL CALL:
Mayor Suarez: It is irrelevant.
Mr. Dawkins: He says no, and it dies because of the tie vote.
Mr. Carollo: I am going to make a new motion now and that is the whole 200
units be built on the island.
Mr. Dawkins: Second the motion.
Mr. Carollo: Discussion - the reason I am making that motion for the record -
make sure everybody can read my lips and listen closely - I am sick of the
process that we have followed here, not only waiting for more 10 years, but
now it has come to a point that the developer, very intelligently, has thrown
this so that you have one group fighting another group and the monies that are
really being given aren't really sufficient at all to even build half of the
units if they had to build themselves, and then you have all kinds of politics
that is going on behind the scenes, people playing against people, and the
ones that are suffering the most are the ones that need that housing! And
them, you bring another specter into it - all kinds of people lobbying to see
who is going to be the contractor, who is that going to be, who is going to
vote for this, who is going to vote for that. It is sickening! And Bob, I
123 January 23, 1986
will tell you, as far as I am concerned, you all can build the 200 units
housing
I am willitg to go to court and do whatever we have to make sure [hat
housing is going to be built, whether it is 200 there, or 225 that you are
going to pay fully, and net $3,200,000 that can't even build half of that.
Mrs. Kennady: Mr. Mayor, the way I see it is that we are in desperate need of
housing. We finally have different foundations coming with $4,000,000 and we
are not making use of it!
Mayor Suarez: Supposing that instead of getting the $1,600,000, Otis, you got
the difference between $2,400,000 and $1,600,000 already allocated, which is
$800,000. The Vizcaya site would then be feasible according to the Swire
Proposal - am I right in that? With still $2,400.000 in addition - that is
the proposal made. How many units do you think you can build with $800,000,
as opposed to $1,600,000?
Mr. Pitts: It is putting me on the spot to try to do that, but I would assume
we would nave to come down considerably. We are talking about maybe 50 units,
maybe 60.
Mr. Dawkins: Which will have no impact on our needs at all, will it, Mr.
Pitts?
Mayor Suarez: Yes, and then you end up with a rather distorted situation,
because you have so many units on this end.
Mr. Dawkins: But to respond to Commissioner Kennedy's statement, you know,
she says that we should accept $4,000,000 from the Ford Foundation to bail
them out. we need "housing; we need it badly. He just stated that they are
going to build 200 units on Claughton Island. We have got 100 here. We are
arguing about 100 over there. This is 200, and they are going to have them
ready, because they have got the land, they have got the money, and they have
got the developer. So, here we are going to get 200 units of much needed,
more needed, because they have got to build 200 units of low income housing,
and these will be houses where people from the ghetto are going to be moved
over on Claughton Island and boy, we are going to have something here! You
are really going to have it made, see? But, if he is ready to put them
overthere, I am willing to recruit and get some renters, okay? So now, if
there is no further discussion, call the roll, While you were back, the motion
is made.
Mr. Carollo: Mr. Plummer, do you know what the motion is?
Mr. Dawkins: No, he doesn"t know, he wasn't here.
Mr. Carollo: The motion that was made by me and seconded by Commissioner
Dawkins and the motion that is presently under consideration is that instead
of placing a 100 units here and 100 units there, we build all 200 units in
Claughton Island., Brickell Key, whatever it is called nowdays. Unless the
developer wants [o come back with some realistical figures that are really
going to be a contribution to this community.
Mayor Suarez: Just to crank out the numbers for the final possible realistic
concept here, following Commissioner Plummer's . and before we take a vote
on this motion there is a second suggestion that we go three sites. If we
included the Vizcayap sites where they are committed to 104 units affordable,
moderate income housing - 50 units for your project, for example and 121 for
East Little Havana already committed, we are talking about 275 units, and tnat
would be an interesting combination of three plans and three project,, follow-
ing your proposal. The only problem with that is that most of the units would
not be in the Liberty City area. It would three-quarters south, and one -
quarter north, approximately,
Mr. Plummer: Bob, would you like some time to think about it?
Mr. Traurig: If we could have 15 minutes to caucus, we would like to come
back again and discuss it with you further. The answer is yes. We would not
like to adjourn this, but we would like to ...
Mr. pl sites.
No,
three sites. we were not really interested in leaving, we interested in
124 January 23, 1986
Mr. Traurig: We will heck with you in just a few minutes.
Mr. Plummer: Mr. Mayor, if it is in order - I don't think chat we need it,
just let them have ... we will go ahead and hear another issue and ...
Mayor Suarez: Yes, we would like to take item number 26 as soon as possible,
Prase. Sir, we are going to get back to that item. if you want to speak on
that item you will have plenty of opportunity.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Okay, we are going to get back to that item. We will be nappy
to hear you at that time. Let's take up item 26 so we can get a lot of people
that have been waiting for that item. We will be back to that one. Let's
Cake a five minute break and come back to item 26.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
6:42 P.M. RECONVENING AT 6:55 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT.
37. DISCUSSION REGARDING HANCOCK ADVERTISING'S COMPLIANCE OR NONCOMPLIANCE
WITH BILLBOARD ORDINANCE.
Mayor Suarez: Agenda irem 26. Mrs. Wainwright, I believe we are going to get
to your item. Item 26 initially was my item. It was a request for intorma-
tio❑ and subsequent discussion on the compliance, or noncompliance by the
Hancock Company, of the billboard ordinance, by which they were allowed to
build, was it eight, or nine, billboards?
Mr. Plummer: A total of ten.
Mayor Suarez: A total of ten? Are we up to ten, now?
Mr. Plummer: No.
Mr. Pierce: No, we had eight approved.
Mayor Suarez: Okay, the only item of noncompliance as I understand it now, is
the 20 degree angle, as opposed to total parallel angles, which would be zero
degrees, if my geometry doesn't fail me.
Mr. Pierce: That is correct. There is supposed to be parallel...
Mayor Suarez: From the City's perspective, does that affect either the
aesthetics, the vistas, the obstruction of traffic, the diversion it might
cause to people driving on the highway, or any other factor that we can pin
down?
Mr. Pierce: The issue...
Mayor Suarez: The fact that it is 20 degrees, as opposed to zero degrees or
parallel.
Mr. Pierce: I believe the degrees is 22, and that is the only issue in
dispute. Otherwise, the signs compiy with the ordinance as passed.
Mr. Plummer: Walter, the question being asked of you, is the City ready to
make a recommendation? Do you feel the way they are there presently, a 22%
angle, is a detriment, is it to safety, is there any thing and any reason that
you know, or would like to express, of why that is not good?
Mr. Pierce: Mr. Plummer, the answer to that is no, that there is no differ-
ence from a parallel, as it was first printed in the... originally published.
Mr. Plummer: Well, the only thing... you know, normally, they usually come
back and ask the maker of the motion the intent, and that is the simplest way
_ to handle it. I very vividly recall my concern at the time, was that they
:
would not be put in such a manner that a third sign could be placed, as I have
_. _....., ..1 125 January 23, 1986
seen in some locations, and I am just speaking for one, what was my intent at
the time of voting, and my intent was to prohibit in any way.., now, let me
say this to you - I was asked the other day the question - "Okay, it is 22%
now. How would I feel if it were 90%?", okay? Now, you know, I think that
maybe what we are speaking to is the fact that there needs to be addressed
that area of concern that what is reasonable and what is unreasonable. I am
saying to you that at this particular time, I have driven by those signs, I am
sure as everyone has, and that, if you represent to me is 22%, I do not find
that as a problem, so I am...
Mayor Suarez: You can't really help driving by the signs, I mean, they sort
of come out at you, no matter where you are anywhere near I-95.
Mr. Plummer: I am only speaking for one.
Mayor Suarez: Does anyone want to address this item, for or against? Alice,
go ahead. You may have been waiting a little longer than George.
Mrs. Alice Wainwright: I just want to say this - I was interested in Mr.
Plummer's comment. I don't think we should address the matter of intent. I
think the problem before you, and I say, Mr. Mayor, as an attorney, the
ordinance says that they should be erected....
Mayor Suarez: I don't get paid to be an attorney here, now. I get paid $2.40
an hour to be a low paid Playor!
Mrs. wainwright: I know. You know, I was there. I understand, The point
is, the present ordinance provides these that these signs be parallel. That
is the words from the ordinance. I think that this should be complied with.
I wonder if we may have your attention, Mr. Plummer.
Mr. Plummer: Excuse me, Mrs. Wainwright, I am sorry, but there is a legal
question raised here, which I think that we may be placing ourselves in
jeopardy. The City Attorney tells me that it is not for us to come here and
declare our intent, as you just said. There is a legal process char this must
go through, and that process is in process, and I question wh,tber or not our
discussing this subject here this evening is in any way precluding the right
of the lower board to make a decision. In other words, they are already in
the process of going through the Zoning Board. Is it the... the City Attorney
tells me this is only on the agenda because the Mayor asked for a review,
nothing pertaining to the degree of angle, so Madam City Attorney, you advise
us now.
Mrs. Dougherty: There is nothing to preclude you from stating on the record
at this time, what your intent was in passing this language. on the ocner
j hand, it has no binding effect at this time, because the Zoning Board right
now is in a process of reviewing that application to interpret this law.
Somebody may appeal that Zoning Board decision to you all, and you may get it
back again,, so there is nothing to preclude you at this time from declaring
-- your intent, but what I am saying to you, is has to effect at this rime.
Mayor Suarez: That is a tough legal opinion you have just given us that says
if somebody that is not conforming with one of our ordinances begins the
process of going through our boards, that essentially precludes this Commis-
sion from acting to protect the welfare of the citizens by enforcing a law
that is being clearly violated.
Mrs. Dougherty: Well, no, that is not what I am saying, but the process is,
we have gone on and cited them with a violation. They have a right at that
time to go to the...
Mayor Suarez: That was a process that we initiated as opposed to trying to
get an injunction, or whatever?
Mrs. Dougherty: It is already cited them with a violation. They, therefore,
have the right to appeal that through the Zoning Board of adjustment, which is
right now pending. Under our law, and under the state law, when that occurs,
there is a stay of any further action by the Code Enforcement...
Mayor Suarez: I see. we have chosen that course of action, and we are kind
of bound by it.
126 January 23, 1986
Mr. Corolla: If I can say a couple of words on the subject, since, because
some of the sta cements that I came, this all came about. I would like to be
as clear as I possibly can be in stating for the record what our intention
was. our sole intention was to (1) prohibit flashing lights, or moving parts
on the face of billboards, and secondly, to require the construction of the
billboards to contain no more than two faces, and that - this whole tniog came
about because there were some locations that you had this time of billboards
that had three faces. They were in a triangle, and we wanted to make sure
that it would only be a two faced billboard, and none of the flashing signs,
or anything. Then, what happened, Mr. Whipple, he's squeezing the Charming
again, he hated billboards, which is his right, so very intelligently, he goes
and boom, he inserts his own language and sets the booby trap that he did,
placing the kind of language you nave now, knowing very well, like us, the
consequences it was going to have in the future, and that was not the inten-
tion of this Commission. We never instructed him to play games like that, but
he went ahead and did it, just like he would spend Lime in Lne James Club over
there, in fact, sometimes before 5:00 p.m., passing out literature against
billboards, which is his right again, on his own time; and in particular, if
he did not have the responsible position that he had with this subject here,
so I don't think I could be clearer than that, of what the intention of this
Commission was.
Mayor Suarez: It may well be, to both of you, that you could direct your
remarks or observations, or ideas, to the appropriate board, the Zoning
Board,in view of the opinion we just got from the City Attorney. Do you want
to make a brief statement? you have been waiting a long time to make a brief
statement, so I am not going to...
Mrs. Wainwright: Yes, Mr. Mayor. No, I understood that it was going before
the Zoning Board, but I saw that it was on the agenda and I felt that I
should come here and hear what was going to be discussed, because you don't
know what is going to happen here. Well, I...
Mayor Suarez: Well, we are a little bit more predictable than it used to be.
Mrs. Wainwright: I am not so sure, Mr. Mayor. I have been sitting here all
�._. afternoon, since 2:15 p.m., and here I am! I am not so aura!
Mayor Suarez: Now you are picking on us!
Mrs. Wainwright; Now, I want to say one thing. I would like to speak about
Mr. Whipple. I think Mr. Carollo has made some very personal allegations. I
want to state for the record that it was Mr. Whipple that worked very, very
hard to help us pass the original billboard ordinance passed in 1965, and the
fact that you alleged that he wrote those words in that you had no knowledge
of, the fact remains that you unfortunately, passed the ordinance. I just
�._ want to say that for the record.
Mr. Carollo: Well, I am glad, Ma'am, that you agreed with what I said and Mr.
Whipple was extremely biased on this particular issue and let his personal
feelings interject into the ordinance.
i
Mrs. Wainwright: No, I don't agree, Mr. Carollo, and I do want to say that if
you look at the original ordinance, there was liberal billboard permissions,
or allowance for commercial areas. If he had been against billboards, he
wouldn't have recommended to us. the Commission sitting in 1965, that we have
�.,.... them in business areas, so I don't agree with your conclusions.
Mr. Carollo: Well, thank you, Ma'am.
Mrs. Wainwright: And inank you, Mr. Mayor.
Mayor Suarez: Thank you, Alice. All right, George, I would recommend you cut
your losses and not get into this, but it you want no say something briefly...
Mr. George Knox: Yes, I would like to say something briefly for the record,
if you don't mind, Mr. Mayor. My name is George F. Knox. I am a member of
the law firm of Long and Knox, and we represent E. A. liancock Advertising.
While I don't necessarily disagree with the opinion that has been rendered by
the City Attorney, I think it is important, however, to indicate that if we
look at the process by which E. A. Hancock has had to appeal a decision from
the zoning administrator, you can appreciate the frustrations that this is a
127 January 23, 1986
process chat it has to suffer by virtue of, and I will be generous, the
limited vocabulary of [hc person who drafted the provision that we are now
having to appeal from. The fact is that the City Commission's intention, was,
as Mr. Carollo has articulated it, but because of this limited vocabulary, and
the creation of some kind of an apparent ambiguity, Hancock has to be subject-
ed co an appellate process that could Ultimately lead back here. One of the
reasons, therefore, while we requested that this Commission make some formal
declaration of its intent, was so that hopefully, the staff would then under-
stond what the intention was, and in fact, the notice of violation would be
removed because they would then be behaving consistent with the Commission's
l ntention, but I would certainly defer to the judgement of the City Attorney, S
and I appreciate the fact that you accept her erudition and wisdom in this
matter, but we do have to represent for the record that this is a set of
hurtles that were created outside of the controls of the Hancocks, and by the
staff of the City.
Mayor Suarez: The problem with characterizing the Hancock Company as the long
suffering victim in all this, is that of course, you could have brought that
issue up, if it was just a wording problem, at the time that the ordinance was
passed, and you didn't presumably, so you are stuck with it as written, and
good luck in your appeal.
Mr. Knox: Thank you.
Mr. Pierce: Mr. Mayor, just for the record, this item is scheduled before the
Zoning Board on Monday night, and it is an appeal of an interpretation of the
Zoning Administrator as to the meaning of the language. That decision, of
course, can then be appealed to the City Commission,
Mayor Suarez: I understand. Thank you, George. Thank you, Alice.
38. BRIEF COMMENTS ON LOW/MODERATE INCOME HOUSING OFF CLAUGHTON ISLAND (See
labels 1136, 1/43)
Mayor Suarez: Why don"t we run through a few of these items before we get
back - I don't see any of the principals of the other matter in any event.
Yes, Commissioner?
Mr. Plummer: Mr. Mayor, I would the Administration very quickly to come up
with somewhat of a realistic, conservative figure - Mr. Pierce, approximately
what it would cost to build 200 moderate income units on Claughton Island.
Can you come back with that figure very quickly?
Mr. Walter Pierce: Yes.
Mr. Plummer: Thank you, sir.
39. REFER TO MANAGER: MEMORABILIA FROM PAN AMERICAN AIRWAYS FOR FUTURE
MUSEUM.
Mayor Suarez: Agenda item 28.
Mr. George Price: My name is George price, I live at 100 South Prospect
Drive, Coral Gables, and this item deals with the establishment of an aviation
museum here at Dinner Key. The issue of that... it is not really an issue,
but the matter has been before the City Commission several times and has been
before the Planning Board. It was, and still is, a part of the original
master plan of the development of Dinner Key and Coconut Grove. It has also
got the backing of the two Miami newspapers - the Herald and the News.
Mr. Plummer: Ali ha! Forget it! Forget it, that is it! Forget it, you just
lost. (LAUGHTER)
Mr. Carollo: You have got to be open minded, Plummer
128 January 23, 1986
Mayor Suarez: You have to be careful of the allLiiority that you refer to in
Lois chamber.
Mr. Price: Can I request that that be stricken from the record? (LAUGHTER)
Mr. Plummer: You are back on. Go ahead.
Mr. Price: I won't say that we have the support, but we have appeared on this
issue on Channel 17, on PBS. We have also been interviewed by WIM2, CBS
radio. The matter is not really a controversial one. Every body seems... as
a matter of fact, we first heard about the issue of setting up an aviation
museum here at Dinner Key from the City of Miami, and we have since been
following it up in the past two, two and one-half years. Our problem now, is
that we are beginning to accumulate a large number of exhibits and we, know we
have an unlimited amount of patience. We are willing to wait a long time
before we have a place to exhibit these things; however, we do need a place to
put them, because if we don't get them... I am here bearing gifts, actually.
if the City of Miami does not accept these things, then there are museums
springing up all over the country, who are requesting these items, and pretty
soon they will be scattered all around the United States and there will be
nothing left to do what the City of Miami has initiated, it wants to do here
in Miami. There is a resolution which was written last year, which enables the
office of the City Monager to...
Mayor Suarez: What site are you suggesting for...
Mr. Plummer: City Hall.
Mr. Price: Well, that is a long...
Mayor Suarez: Right here, where I am sitting?
Mr. Price: Well, this building, of course, is very hallowed ground when it
comes to the history of commercial, scheduled, long range intercontinental
aviation; however, as I say, we have a lot of patience. We are not demanding
any particular site, but we do think it is important to gather tnese exhibits
and have them available, so that when we do go through the process of seleer--
ing a site, we will be ready to go, and if we don't do that, then all of these
items will be scattered around the country as some of them are now being
scattered around.
Mr. Dawkins: Didn't we direct the Administration to find space to store this
and get back to you, last year?
Mr. Price: Yes, we did.
Mayor Suarez: I'm glad that you mentioned that.
Mr. Plummer: I am going to make a motion to put them in the Mayor's office!
Mr. Dawkins! Since be took that pretty desk out, we have got a lot of room!
(LAUGHTER)
Mr. Price: Maybe! Well, we will be glad to put as much as we can in chat
particular office.
Mr. Plummer: Let me ask maybe a dumb question, but it is with intent. These,
obviously, are mostly pictures, is that...?
Mr. Price: No, no, no! There are some pictures. There are some models and
what is causing the thing to come to a, I won't say a crisis - it is a lousy
word, but the problem is becoming more and more immediate. Pan American has
agreed to ship down 3,000 cubic feet of museum displays which include photo -
include a lot of the original kinds of equipment...
graphs, include models,
Mayor Suarez: T am sorry. How many cubic feet?
Mr. Price: 3,000 cubic feet.
Mayor Suarez: Assuming a normal sized room, now many square feet does that
come out to be, do you have any idea?
129 January 23, 19$6
! Mr. Price: I can't interpret it on that basis. I don't have my slide ruler
here, but apparently the area that was suggested by the City, the Commission,
last year, is adequate, and secure and air conditioned and is available for
the storage of these items. Now, this is not all of the stuff that we have
coming down. We have other things Char we are looking for a place to put too,
but we are immediately talking about this one particular snipmeaL of 3,000
cubic feet, and the resolution which was written last year had to do with
empowering the office of the City Manager to work out an arrangement in
between Pan Am and the City, simply to put this stuff in storage.
Mr. Plummer: Can you put it in a room 20 by 20?
Mr. Price: 20 by 20? That is what, 2,000 square feet? We are talking about
cubic feel, so we have got height there too. All I can say is that the...
Mr. Plummer: Well, we nave got a room 20 by 20 in the Dock Master's office.
Mr. Price: Much too small. We already have some exhibits ready for that
section. As a matter of fact, one of them is a $1,500 model of the airplane
that was flown out of Dinner Key by Charles Lindberg to inaugurate U. S.
airmail routes between Miami and San Juan and Panama.
Mr. Plummer: As p-, as r am concerned, the best we can do is to turn you over
to the Manager. None of us know where the storage availability is in this
City.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Yes, there you go - Carollo...
Mr. Price: Well, in the original presentation, which was supposed to go
before the Commission last year, (for various reasons, it didn't) there is an
address that is given, which is adequate.
Mr. Plummer: Where?
Mr. Price: I can look it up.
Mr. Plummer: 3500 Pan American Drive?
Mr. Price: No, no.
Mrs. Kennedy: Second floor!
Mayor Suarez: You said 2,000 cubic feet?
Mr. Plummer: 3,000 cubic feet. That is just the initial shipment.
Mr. Price: That is right.
Mayor Suarez: 20 by 20 is 400 square feel, if you made that...
Mr. Plummer: What is the address you have?
Mayor Suarez: Even as low as 10 feet, that would be 4,000 square feet right
there - a room 20 by 20 by 10.
Mr. Price: I have two and one-half sentences to read here, which will proba-
bly describe the thing pretty well.
Mr. Plummer: Well, tell me the address, if you would.
Mr. Price: The address is in here. Should I read the part that comes before
it?
Mr. Odio: Commissioner Plummer, send is to us. I will take care of it. I
know what he wants.
Mayor Suarez: I think what you probably mean is 3,000 cubic feet, packed, in
other words, for packing purposes. Yes, if you were going to display it, you
need a much larger room.
130 January 23, 1986
Mr. Price: It says that, "At this time, Pan American Airways has offered to
the City, through the efforts of the Clipper Pioneers, approximately 3,000
cubic feet of crated material, including actual museum exhibits, hundreds of
photographs, display cases, and other historical exhibits". This is from last
year's City Manager, and...
Mr. Plummer: Which one?
Mr. Price: The predecessor of the present one.
Mrs. Kennedy: Do we have a recommendation from the new City Manager?
Mr. Odic: In order to save some time, please, I know where you want to go.
We just moved the Purchasing Division out of there, of the Human Resources
Building, which is the old police station. Will you please coordinate with
Alfredo Rodriguez and we will just move it over there, okay? Thank you.
Mr. Price: Okay, what do we need now from the City Commission?
Mr. Odio: They already gave you that.
Mayor Suarez: Yes, you don't need another resolution saying the same thing as
the last one.
Mr. Plummer: No, I want to know where that address is.
Mr. Price: Okay, I don't want anybody to be unhappy. The address is 1145
N.W. llth Street.
Mr. Plummer: The old police station, okay.
Mr. Price: Now, that is described as being secure and air conditioned.
Mayor Suarez: We, I think...
Mr. Price: There is a resolution, which the City Manager ha..
Mr. Odic: You need to meet with us and execute a memorandum of understanding,
and reach an agreement what you are going to pay us for this — the City.
Mr. Price: What we are going to pay you for it?
Mr. Odio: Yes.
Mr. Price: But, I thought it was free.
Mr. Odio: It says here we are to reach an understanding of agreement. That
means you have to pay something.
Mr. Price: Oh, okay, yes, well, to reach a consideration, right, okay. I
understand that now.
Mr. Plummer: There ain't no free lunches!
Mr. Price: We are not asking to eat. At any rate, I was under the impression
that we did need a resolution from this City Commission. If we don't...
Mr. Plummer: There is one pending.
Mayor Suarez: Yes, we have done that. Unfortunately, it has not been acted
upon completely. It hasn't completely been fulfilled, but it can be if we
insist that the City Manager get this matter resolved as quickly as possible.
fi
Mr. Price: Mr. Mayor, Commissioners and City Manager, thank you, very much.
Mayor Suarez: And we thank you for the gift.
Mr. Plummer; Come fly with me!
131 January 23, 1986
40.A - SELECTION OF NEWSPAPERS FOR CITY ADS.
40.B - 1985-'86 BUDCET FOR CITY ADS IN NEWSPAPERS. (See label 42)
Mayor Suarez: Item 29. Discussion concerning addition newspapers for place -
went of City advertisements. Is this in relation to the memo we got from the
City Attorney as to the prior action taken? Or are you proposing ...?
Mr. Odio: This item was requested by Commissioner Dawkins to be placed on the
agenda.
Mr. Carollo: Madam City Attorney, while we are on this item, can you bring
the resolution that you have concerning this item?
Mrs. Dougherty: Yes, sir, Mr. Commissioner. What we have done is prepared a
resolution which repeals the former resolution which required a unanimous vote
of the City Commission if you had a non -daily paper and that is the action we
would ...
Mr. Carollo: That is to conform with the ...
Mrs. Dougherty: The action that you took at the last Commission.
Mr. Carollo: instructions of the City Commission at the last meeting that
we discussed this. Can you read the resolution?
Mrs. Dougherty: It is simply a resolution repealing your former resolution
and I am bringing the resolution forward. I don't have it at this time.
Mayor Suarez: Does chat mean that we would go back to square one?
Mr. Carollo: No, no.
Mrs. Dougherty: No, chat means that your former action of last Commission
meeting will then be legal. The reason it wasn't legal is because you did not
have a unanimous vote for the non -daily papers.
Mayor Suarez: Oh, I see what you are saying. You are saying that if this
Commission voted unanimously on the new resolution, that would resolve the
problem.
Mrs. Dougherty: No, you only have to have three votes to on this new ...
Mayor Suarez: Oh, we just needed a resolution that we didn"t pass? Okay.
Mrs. Dougherty: And it is simply a resolution repealing resolution 84-44.
Mayor Suarez: And substituting.
Mrs. Dougherty: We don't have to substitute anything because the ocher
resolution then takes precedence.
Mr. Plummer: Madam City Attorney, I would also like to inject in that revis-
iting of the new ordinance, that this City not expend any more in the adver-
tising contract than we did the year previous.
Mr. Carollo: In the same proportions.
Mr. Plummer: In the same proportion as we did the previous year. The lineage
in the maj-r papers have gone up unbelievably high!
Mr. Carollo: If I can read it into the record - the now resolution.
_ Mr. Plummer: Okay, but I want to incorporate that in there.
Mr. Carollo: okay, well, we will incorporate it together.
Mr. Plummer: Okay.
132 January 23, 19B6
Mr. Odio: The same advertising, Commissioner Plummer, that we did last year -
that cost us $100, 000. The same ads would cost us $336,009 more this year.
Mr. Plummer: Well, you see, that is ridiculous!
Mr. Carollo: No, no. There is no way. Here, let me read it -"A resolution
repealing in its entirety resolution No. 84-44 whicn provided for the annual
selection of newspapers in which City advertisements of public notice are
published. Be it resolved by the Commission of the City of Miami, Florida:
Section 1, resolution No. 84-44, which provided for the annual selection of
newspapers in which City advertisements of public notices are published, is
hereby repealed in its entirety." In corporated with what we discussed with
Commissioner Plummer and the Manager.
Mr. Plummer: Excuse me. The first thing we are doing is simply repealing.
That is the first motion. Then, the second motion is a simple majority.
Mr. Carollo: So moved.
Mr. Plummer: I second the motion to repeal the unanimous vote. I don't know
of anything else in this Commission that requires a unanimous vote.
Mayor Suarez: The requirement of unanimous vote.
Mr. Plummer: yes.
Mayor Suarez: It has been moved and seconded. Any further discussion from
this Commission? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-58
A RESOLUTION RESCINDING IN ITS ENTIRETY RESOLUTION NO.
' 84-44 WHICH PROVIDED FOR THE ANNUAL SELECTYON OF
NEWSPAPERS IN WHICH CITY ADVERTISEMENTS OF PUBLIC
NOTICES ARE PUBLISHED.
(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
NOES: Mayor Xavier L. Suarez
ABSENT: None
Mayor Suarez: .Now, what do we do?
Mr. Plummer: Now, the new motion is that I would like to limit the amount of
. well, I don't want to put a dollar sign, but word it the way I want it.
This year, this ...
Mr. Odio: That they will not exceed the same amount of dollars that we spent
last year.
Mr. Plummer: will not exceed last year's contract.
- Mr. Carollo: This is the first time that I have been able to see somebody
here that is smart enough and efficient enough that they can translate for
Plummer! I congratulate you, Mr. Manager!
Mr. Plummer: I don't know whether I am insulted or not!
Mayor Suarez: I wouldn't touch it, if I were you!
133 January 23, 1986
Mr. Plummer: It is coo late in the evening.
Mayor Suarez: Mr. Rolle.
Mr. Wellington Rolle: Mr. Mayor, I have a concern here, in reference ...
Mi. Plummer: Excuse me, can I pass tnis other motion?
Mayor Suarez: Yes.
Mr. Plummer: I have a motion on the floor that this year's contract shall not
i
exceed in dollar value that of the previous year.
Mr. Rolle: Me. Plummer, before you go that, this might be of interest before
you make that particular motion, if I might. On the concerns that I have had (i
with the City in reference to public notices to pass an ordinance, the lan-
guage, I believe, and the statute, and in the County's charter that governs,
Is about a newspaper of general circulation. Now, I don't know if you want to
include that or consider that, as you determine whether or not the advertise-
ments that have been placed, or that will be placed, are in newspapers of
general circulation. I think that is concern that you might want to be aware
of.
Mr. Plummer: Mr. Rolle, we, under those pretense, can comply. We can comply
by simply advertising in the Miami Review, and nothing else. That is of
general circulation.
Mr. Rolle: Well, no, sir, I beg to agree with you, and we have had that
discussion in certain quarters in the city, as to whether or not the Miami
Review is in general circulation, because you go out of the downtown area, you
just don't find the Miami Review,where you find all the other papers, and I
saying to you that that may become an issue at some point in time and you may
want to consider it, and I just thought I wanted to make that ...
Mr. Plummer: Let me tell you what we are considering, so you kno�; where we
are coming from, and where we are trying to go to. Last year, of the major
i. newspapers, we spent approximately $100,000 to advertise those items we felt
important to the public. It is projected, using the artier newspaper of
general circulation, if chat will be increased this year by $336,000, for a
total of $446,000, instead of $100,000. This is what we are trying to avoid,
sir.
Mr. Rolle: I understand that, Mr. Plummer, but the only thing I am trying to
say is, do you want to consider what is a requirement of the law as you do
this advertising.
Mr. Plummer: Always.
Mr. Rolle: Well then, of course you need to look at the statute and find out
what the interpretation is going to be of a paper of'. general circulation, and
general circulation means that that paper needs to be found everywhere in the
City of Miami, and the Miami Review is not found everywhere in the City of
Miami, before she says that for the record.
Mrs. Dougherty: The Miami Herald is a newspaper of general circulation, and
that is one of the advertising papers that we are using.
Mayor Suarez: I am generally in agreement with the concept of Limiting the
amount of money, but I wonder, doesn't the amount that we spend vary according
to the different projects we may have in any one year, or bids, or whatever?
Mr. Plummer: Mostly zoning.
Mr. Odio: Yes, but the same amount of ads that we had last year, the identi-
cal, would cost us an additional $336,000!
Mayor Suarez: I have no doubt that that was not the way to proceed. I just
wonder how we can limit, you know
Mr. Corolla: Is that before or after they raised the rates?
134 January 23, 1986
Mr. Odic: Just with the new rates, or the rates that we have now?
Mr. Plummer: What is it, about $8.00 a line now?
Mr. Dawkins: What papers are you going to advertise in?
Mayor Suarez: That is a very good question.
Mr. Dawkins: What papers are you going to spend the $100,000 with?
Mr. Odio: Let me say this first. On the cost per line, the Miami News and
the Legal, $1.80; the Herald is $5.40 per line.
Mr. Plummer: Four times as much.
Mr. Odio: That is correct.
Mr. Carollo: That depends on how many days you advertise it on, right? ...
and how many lines you have?
Mr. Odic: That is right, and on Sundays, 1t is $6.00 per line.
Mr. Carollo: But, if we use the combo rate, it goes down.
Mr. Odic: Well, all I see is going up here, because ...
Mr. Plummer: If you use the combo rate, it is more.
Mayor Suarez: We have a optimizing problem. The constraint is $100,000 a
year, and we are going to try to maximize the ...
Mr. Odic: We are working on right now changing the way we advertise, using
some layman language ads instead of all these things, and we are working on
that, and we will have to fit within the budget. That is what they have to.
Mayor Suarez: I like the idea of sticking to a budget. I don't know that we
can be inflexible as saying that is the absolute total maximum amount, depend-
ing on the number of things we do in the incoming year, but I like that idea.
Mr. Odic: We won't need any more money, because they have to fit the ads to
fit the dollars.
Mayor Suarez: Well, I hope it can be done.
Mr. Rolle: Could I also request that the ads fit within the four corners of
the law that is a requirement for this City?
Mayor Suarez: We cannot possibly put that in as a requirement, because that
is already a requirement.
Mr. Ro11e: Okay, well, what they are saying is that they intend to evade
that.
Mr. Odic: What I am saying is we will comply with the law.
Mr. Rolle: Okay, very good.
Mr. Odic: But, we have to fit a budget, also.
Mr. Rolle: Forget about the budget. You get the law first, and than you
worry about the budget. That is where you are going to have your problem.
All I am trying to alert you to is that put it within the four corners of the
law, then you will fit your budget to what your requirement is. If you do
that, you have no problem.
Mr. Odic: Yes, sir.
Mayor Suarez: All right, thank you.
_. Mr. Dawkins: What papers are we going to spend the $100,000 with?
135 January 23, 1986
Mayor Suarez: Mr. City Manager, Commissioner Dawkins would like to know
superficially, since we can't really tell exactly, based on this constraint,
what newspapers do you envision ...
Mr. Dawkins: No, we don't. No, no, We are going to spread it out. Now,
when it runs out, it is just out! But, we would not exclude some of rue
papers I am thinking about.
Mayor Suarez: We can-t run out, because we have got a legal requirement of
advertising certain things, so you cannot ...
Mr. Carollo: That has to go based on our last resolution.
Mayor Suarez: That means we are setting a ceiling on the federal debt and you
have to back to us whenever you meet that, and for us to approve additionai
spending on this. That would be an interesting way to function.
Mr. Odio: We are also saying that they have to use their heads and work out a
new way of advertising; that we don't have that money to spend like that, so
Mr. Art Mullins: And also, Mr. Mayor, the Florida Statutes that papers ...
Mr. Dawkins: What p pets are you going to ... I mean, you are giving me
everything but what I asked you! What papers are you going to advertise in!
Mayor Suarez: Give us some idea where you are headed.
Mr. Mullins: Can I answer his question, Commissioner?
Mr. Dawkins: No, no. Answer my question. I asked it first!
Mr. Mullins: At the present time we are advertising in the Miami Herald,
Diario de las Americas, in the Miami Review. -
Mr. Dawkins: That is the three?
Mr. Mullins: yes, sir.
Mr. Dawkins: Now, as was just stated - we've got some people in my neighbor-
hood that don't read nothing but the Miami Times.
Mr. Mullins: Sir, the resolution that was just passed ...
Mr. Dawkins: No, no! That is why I am getting ready to amend the resolu-
tion, throw it out, adopt anything else, whatever I have to do!
Mr. Mullins: It has already been done, Commissioner. The resolution you have
just passed authorizes, in effect, the use of Miami Times ...
Mr. Dawkins: Well, I just asked you, what papers are we going to spend the
$100,000 with, and then you just named three, and you did not name the Miami
Times. Now, you come back and say the Miami Times is included!
Mr. Mullins: That is up to right now. That is up to right now, Commissioner.
The resolution that just passed now authorizes us to add to that the Miami
Times, La Verdad and La Nacion.
Mr. Odio: Provided they qualify.
Mr. Mullins: Provided they qualify, and of course the Miami Times is quali-
fied, because we have been using them for at least the last 10 or 12 years.
Mr. Dawkins: And weare going to spend the same ratio of money with them as
we spend last year, in proportion to the Miami News, the Miami Herald and the
Miami Review?
Mr. Plummer: I've got a good idea. Don't pay any of them. Put it out to
City Scape
Mr. Mullins: City Scape? That is
136 January 23, 1986
Mr, Plummer; That is the in-house journal.
Mr. Dawkins: I want to know ... all right, you said we are going to spend
$100,000, okay? The same as we spent last year - is that right, Mr. Manager?
Mr. Plummer: No - total not to exceed.
Mr. Odio: Not to exceed what we have spent lase year in advertising.
Mr. Dawkins: What was that?
Mr. Odio: That is what you passed. What was the total?
Mr. Mullins: I don't know the total, because the only figures I have is on
the Miami News.
Mr. Odio: Okay, whatever we spent then, last year, is the cap of what we are
going to spend this year, including all the little weekly newspapers.
Mr. Dawkins; A.I right, let me tell you what I am expecting. I am expeet-
ing - you are going to take your pocket like you did last year, and whatever
"x" dollars you put in the Miami News, I expect that; whatever "x" dollars you
put in the Miami Herald, I expect that; whatever "x- percentage of your
dollars you put in the Miami Times, I expect that this year. I don't expect
you to put 2 "x" in the Herald, 1 "x" in the News, and 1/2 "x" in the Times.
Mr. Odio: We are not advertising in the News now. We are no longer advertis-
ing in the News. We are advertising only in the Herald ...
Mr. Carollo: Excuse me. Mr. Manager, about a couple of weeks ago, approxi-
mately, there was a City advertisement in the Miami News. So, somebody better
get their facts right.
Mayor Suarez: We have not implemented this new resolution yet, have we?
Mr. Odio: Why did that happen, Art?
Mr. Mullins: What happened there? We caught it. That was a mistake that was
made by the Miami Herald and the City is not paying for it.
Mr. Carollo: Well, I caught it too, Art.
Mr. Mullins: The City is not paying for it.
Mr. Carollo: Okay, that is good.
Mr. Odic: So, Commissioner Dawkins, let me clarify what you are saying. We
will distribute it equally. We will be advertising in the Herald, Diario las
Americas, Miami Review.
Mr. Dawkins: Okay, can T get a monthly memo from you stating how much we
spend for each of these so I can see what we are doing, please?
Mr. Odio: Yes, sir.
Mr. Carollo: Again, for the record, I am trying to get the names of the
papers we are advertising in - all of them.
Mr, Mullins: The Miami Herald, The Miami Review, The Miami Times, Diario las
Americas, and yet to be qualified, La Verdad and La Nacion.
Mr. Dawkins: What about The News?
Mr. Carollo: When you say "yet to be qualified", what do these papers have to
do to be qualified?
Mr. Mullins: We have an application form to qualify them to advertise in the
City. We sent one to La Nacion. We nave not been able to locate La Verdad by
telephone or street address.
Mr. Carollo: Okay, have they handed anything to you that shows an address or
a number?
137 Sanuary 23, 1986
Mr. Mullins: No, sir.
Mr. Carollo: Okay, well, Art, I a sure that if you can send them a certified
letter, giving them a deadline, and I am saying to all these papers, They will
reply ...
Mayor Suarez: Where are we going to send this certified letter to?
Mr. Mullins: We can do this.
Mr. Carollo: ... because my understanding is quite different. In fact, I know
for a fact that the paper that you mentioned has filled out an application and
has been bounced around back and forth all over the place.
Mr. Mullins: La Verdad?
Mr. Carollo: Yes, Sir.
Mr. Mullins: I've not seen it.
Mr. Plummer: For La Verdad, you send it to Versailles Restaurant, 36 Avenue
at S.W. 8 Street - guaranteed delivery!
Mayor Suarez: We have a motion. Do we have a second somewnere? We have a
motion. Do we have a second somewhere?
Mrs. Kennedy: Motion.
Mayor Suarez: Can you restate the motion to limit the total amount of spend-
ing - the total amount to be spent on newspaper advertising by the City?
Mr. Plummer: To not exceed last year's dollar value.
Mayor Suarez: So it will not exceed last year's dollar value. I can see them
coming back to us if we do have to exceed it within the budg--t year - ques-
tion.
- Mr. Plummer: No, they are going to have cut down some advertising.
Mayor Suarez: Oh, cut down some advertising. I wouldn't mind that at all.
Mrs. Kennedy: I second that.
Mayor Suarez: Motion has been made and seconded. Any further discussion from
the Commission? Please call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
[ MOTION NO. 86-59
A MOTION OF THE CITY COMMISSION STIPULATING THAT THIS
YEAR'S ADVERTISING BUDGET FOR THE CITY SHALL NOT
EXCEED IN TOTAL DOLLAR VALUE LAST FISCAL YEAR'S
BUDGET.
Upon being seconded by Commissioner Kennedy, the motion ..as 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.
139 January 23, 1986
41. ENDORSE THE NATIONAL CONFERENCE OF BLACK MAYORS TO COME TO MIAMI IN 1987.
Mayor Suarez: I want to recognize Mayor John Riley from the City of Opa-
Locka. Mayor, do you want to make any brief statement to us?
Mayor John Riley: Mr. Mayor, thank you very much. Basically, I sent a
resolution to the City of Miami in reference to the National Conference of
Black Mayors holding their convention in Dade County for 1987, seeking your
endorsement, basically because that items comes up at February meeting, which
will be in North Carolina, and I wanted to take a copy of a resolution and
have it prepared before for their agenda before the meeting on the 8th, and I
had it sent to your office, but I find that it wasn't on the agenda, that is
the reason I've come down.
Mayor Suarez: I am sorry. It has been hectic. I was in Washington, D.C.
Maybe it got lost in the shuttle. What do you need from us, Mayor?
Mayor Riley: Endorsement of a resolution, inviting Mayors to come to Dade
County.
Mr. Carollo: Is that all?
Mayor Riley: Yes.
Mr. Carollo: So moved.
Mr. Plummer: And let him fill in the words later.
Mayor Suarez: Commissioner Dawkins, do you want to make that motion?
Mr. Dawkins: Be moved. I will second it.
Mayor Suarez: It has been moved and seconded. Any further discussion? Cali
the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-60
A RESOLUTION OF THE MIAMI CITY COMMISSION ENDORSING
AND SUPPORTING EFFORTS TO BRING THE NATIONAL CONFER-
ENCE OF BLACK MAYORS TO THE CITY OF MIAMI FOR ITS
APRIL, 1987 MEETING.
(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.
Mr. Dawkins: Where is it going to be now, Riley?
Mayor Riley: Here.
Mr. Dawkins: And that is where we are going to give a resolution?
139 January 23, 1986
Mayor Suarez: Tt is not going to be easy to get it. What year are you
thinking in terms of?
Mayor Riley: 1987.
Mayor Suarez: It is not going to be easy, but we will ... I had an interest-
ing conversation with Mayor Marion Barry of Washington, D. C., and there is a
lot of competition for that conference nowadays. Chicago wants it; Atlantic
City wants it; every one who is going up for re-election wants it in their
City and we are going to have to compete for it, but it certainly this Commis-
sion would like to engage in that kind of healthy competition.
Mr. Dawkins: You 'nave our complete support.
Mr. Riley: The Board of Directors of the National Conference elected a.
convention committee, and Mayor Riley is the Chairman. Thank you very much.
Mayor Suarez: What time of year is it? Make it in January. That would give
another incentive for them to come down here. Thank you, Mayor.
42. REFER TO CITY MANAGER REQUEST FOR CITY ADS FROM THE BLACK MIAMI WEEKLY.
(See label 140.)
Mr. Dawkins: Bernie is trying to say something.
Mayor Suarez: I am sorry - Bernie.
Mr. Bernie Dyer: My name is Bernie Dyer. I am the editor and publisher of
Black Miami Weekly. our newspaper has been receiving City advertising since
1984, and inadvertently, asI understand, our name was left off the list, not
because of any displeasure from any of the agencies, but it was simply over-
looked because we were added on after the other newspapers were used, or added
to the list, so we would like to get our name back on the list of the City
r.. advertising.
Mayor Suarez: Okay, Commissioner?
Mr. Dawkins: We are going to send him a form that we send when they qualify?
Mr. Dyer: We have a form on file already.
Mayor Dawkins: Beg pardon?
Mr. Dyer: We have a form on file already. That was ...
Mayor Suarez: Are they already deemed to be qualified? They have been used
over the years. They have to be qualified.
Mr. Odic: We will have to check that out, sir. I don't know the answer to
it.
Mayor Suarez: If they were qualified, do we need to do anything to have them
included now?
Mr. Odio: Yes, you will have to take Commission action.
Mr. Wellington Rolle; Mr. Mayor, may I make anobservation? I don't know why
Mr. Dawkins cannot remember that this matter came up before this Commission
and he made the motion when he excluded the Liberty News. He made the motion
to include the Black Miami Weekly as one of the papers that the City of Miami
advertised in, and I think it ...
Mayor Suarez: Well, when was that?
Mr. Rolle: About the time that Mr. Dyers is talking about.
Mayor Suarez: 1984?
J
i
23, 1486
140 January i
Mr. Roil.: No, before than, but because a paper nas to be in existence for
about a year before the City will authorize advertising in a paper. I am at a
loss to wonder why it is that we don't read this information into the record
that it is a part of the rules here in Ehe City for advertising in these
tabloids that we are talking about, and if aoy of the papers that we are
talking about now are not in existence for a year, I find it difficult to
believe that you are keeping within the confines of your own laws.
Mayor Suarez: Thank you, Wellington for another free legal opinion. We are
going to ...
Mr. Carollo: Well, now you know how Mayor Ferre used to feel.
Mr. Dawkins: Let's find out ... apply and let's find out what happens.
Mayor Suarez: Make sure you get your application in.
43. APPROVE THREE LOCATIONS FOR LOW/MODERATE INCOME HOUSING DEVELOPMENT OFF
CLAUCHTON ISLAND (See Label #36, #38)
Mr. Plummer: Can I ask the Administration - I had asked before what the
approximate cost would be to place 200 units on Claughcon Island.
Mr. Odio: I would ask Matthew Schwartz to come over, please.
Mr. Matthew Schwartz: We have done some analysis of what it would cost to
build the units in place on Claughcon Island. We had an analysis done a while
back by Real Data Research on Brickell Avenue - Philip Blumberg and Company
and they estimated that the land value on the island, market value today is
about $100 per square foot. I think it is a little higher. We estimate that
size for 200 unit buildings, you need between $40,000 and $5L,000 square feet
so that is about $5,000,000 for land, the land valu. in place on Claughcon
Island.
Mr. Plummer: Just the land value?
Mr. Schwartz: The land value - and the construction cost on the low side is
$35,000 a unit, and that is kind of shoddy construction. We assume that it
will be somewhere between $35,000 and $50,000 a unit, so you are talking about
approximately $7,000,00 to $8,000,000 for the actual. construction, so some-
where - $12,000,000 is probably a safe guess.
Mr. Plummer: $12,000,000 to $13,000,000 if they had to build them on the
island. Thank you, sir.
Mayor Suarez: Mr. Traurig, do we have any new brilliant insights into this
problem?
Mr. Traurig: Mr. Mayor, Mr. Plummer, Mr. Carollo, Mr. Dawkins, Mrs. Kennedy.
Mr. Plummer: Mr. Traurig, do you disagree with those figures, sir?
Mr. Traurig: I haven't had an opportunity to analyze them. Obviously, the
cost of construction in a major apartment project is primarily financed
through mortgage loans. We are talking about dollar equity contributions to
the developers of these respective projects, and I am not going to find fault
with any of these things. I am happy to note the value per square foot on the
land is $100.
Mr. Plummer: your tax appraisal will so note.
Mr. Traurig: I am very happy to tell you that we have reviewed the suggestion
others and in fact, we find that it is a doable
by Commissioner Carollo and
thing. We are happy to advise you that we can build three projects. We are
happy to advise you that we have talked with each of the proponents of the
respective projects, and they are all in agreement with regard to these
numbers, and that is, that we would build the three projects - in East Little
Havana, in Liberty City, and also at Vizcaya. We would build 100 units at
141 January 23. 1986
Little Havana, 300 units at Shall City and 84 units at vizcaya and our total
capital contribution, instead of toe $3,200,000, will be $3,500,000, and we
will be building an additional . we will be building a total of 284 units,
which is 59 units above the requirements. We ...
Mayor Suarez: Are you convinced that the entities that will build on those
sites can build within 12 months the units in question?
Mr. Traurig: We don't know whether they can. We think that the mood in this
room is that we ought to get on with the work and do it as expeditiously as
possible. We will undertake to get it done within the one year period. If we
find after a few months that we need an extra few months for them to complete
their project, obviously we would ask you to permit that. However, it was our
original understanding that if we made these capital contributions to these
CDC's, that we would be relieved of obligations, since they have the addition-
al funding and the additional . and they can demonstrate an ability to
complete those units with the funding by LISC, and the funding by Ford and
Equitable, together with our funding, so we would ask you on those two
projects, each of which is 100 units, the East Little Havana, and the Liberty
City - to relieve us of the obligation on 200 of the 225 units if the other
obligation would not be released until we have completed the 84 units of the
condo building at the Vizcaya site.
Mayor Suarez: t,s, o w, wculd get a total of how many units, than?
Mr. Traurig: 284 units.
Mayor Suarez: I move that proposal, having ceaded the Chair to Vice -Mayor
Dawkins, and also move the release of your obligations, understanding that we
will get $3,500,000 in total consideration.
Mr. Traurig: It will be a total of $3,500,000, yes.
Mrs. Kennedy: $3,500,000? I second that motion.
Mr. Dawkins: It has been moved and seconded. Under disc—slon?
Mr. Plummer: Bob, you are almost there, but you ain't quite!
Mr. Traurig: And an olive tree in every neighborhood.
Mr. Plummer: There is a vote on the floor. We will go by the majority.
Mr. Dawkins: Any further discussion?
Mr. Plummer: No, no. Understood in that motion is that money does not come
to the City It goes to the sites and developer. That's understood?
Mr. Dawkins: It is now. Any further discussion? Call the roll, Madam Clerk.
MOTION FAILED MOTION TO ACCEPT THREE SITES AND FOR RELEASE OF OBLIGATION TO
BOILD LOW INCOME HOUSING ON CLAOGHTON ISLAND FAILED BY THE FOLLOWING VOTE:
AYES: Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: Commissioner Joe Carollo
Commissioner J. L. Flummer, Jr.
Vice -Mayor Miller J. Dawkins
ABSENT: None.
Mr. Dawkins: $4,000,000 would be more in line, five but I will settle for
four.
Mr. Plummer: I've got to be honest with you. You see, I want to tell you
what I am feeling, Bob, okay? I am feeling that $3,500,000 is where you are
at. Okay, we are not that far apart.
Mr. Traurig: But ...
142 January 23, 1986
Mr. Plummer: But, I am telling you, no, we are not! You put $1,600,000 in
each one of those sites, is $3,200,000. That leaves $300,000 over. You
cannot tell me that a company like Swire; a company like Keyes, who is going
to do the marketing, cannot keep that loss to $300,000, so I don't think you
and I a e apart. You don't want to take the risk of 1t being higher and I
understand that.
Mr. Traurig: Mr. Plummer, let me explain to you, when you, on July 25, 1985,
amended the development order, you gave us a mandate that we create units.
You didn't say how much they should cost, what our loss should be, what our
capital contribution should be. We have now enlarged the number of units to
225.
Mr. Carollo: You created units - not to get LISC, not to get the Ford Founda-
tion - you.
Mr. Traurig: We are the catalyst.
Mr. Carollo: The reason you are creating those units, is because other people
are coming in and putting as much money as you are, and maybe more.
Mr. Traurig: I think at the very beginning, Commissioner, we made it clear
that we, although they are a major development company, they are not the
developers of apartment units in this kind of an environment.
Mr. Plummer: And we understand they did not make the agreement. They assumed
what can be considered a bad deal, but they assumed it, Bob, all right?
Mr. Traurig: Let me point out to you though, we are creating 284 units when
we only had a total obligation of 225. We are doing it as expeditiously as
the development order required. It is a larger sum of money - $15,000 per
unit, in the case of the East Little Havana and the Shell City projects.
Mr. Dawkins: But, let me have you bear in mind that you are talking about
$3,500,000 against $12,000,000, okay? If you go on the island, it is going to
cost you $12,000,000, okay? So now, come on. Mr. P, ts, and nobody, they
can"t build a damn thing for $1,600,000, which you are going to give them, and
if it wasn't for somebody else helping them, we wouldn't have nothing. Bob,
you people are sandbagging. You have been dragging your feet all along, and
without $4,000,000, I hope this Commission here will vote to put them on the
island, so you can spend $12,000,000.
yyy Mr. Plummer: Commissioner, you get more flies with honey than with vinegar.
g Mr. Dawkins: Go right ahead, sir. I got the vinegar!
Mayor Suarez: Maybe we can combine the two!
Mr. Traurig: I would like to respond.
Mr. Plummer: Excuse me - the Vizcaya site, how many proposed units were in
that?
Mr. Traurig: 84 units.
Mr. Plummer: Mow much?
Mr. Traurig: 84.
Mr. Plummer: No, the original proposal.
Mr. Traurig: 104.
- Mr. Carollo: Okay, I am going to make a motion.
r'. Mr. Plummer: See, what we are talking about, Bob, is 284 ... go ahead, Joe.
Mr. Carollo: Let me make a motion.
Mayor Suarez: Let me caution everyone - Commissioner, that this is going to
be the last motion we are going to hear on this item until we take up some of
those other matters and we will send you back to the drawing board if it
doesn't pass at this point. Go ahead.
143 January 23, 1986
Mr. Carollo: If this Commission approves it, that it is up to the clients
that Mr. Traurig this to accept it or not ...
Mr. Suarez: Sure, if it doesn't pass is what I'm saying. Go ahead.
Mr. Carollo: The motion that I am going to make is that we accept the propos-
al in East Little Havana that was original.; presented, where they give them
$1, 600,000, and we accept the proposal at the Shell site, as presented origi-
nally for $1,600,000 in contributions and that we accept that proposal at the
Vizcaya site as originally presented. That is my motion - all three of them.
Mrs. Dougherty: Do all three in the original.
Mr. Carollo: well., the dollar amount is, if it has any loss if it has any
loss on the Vizcaya sice, they take it.
Mayor Suarez: According to their figures, the dollar amount on that is
$4,000,000. They lose $800,000 on one of them ...
Mr. Carollo: ... according to their figures.
Mayor Suarez: Right.
Mr. Carollo: I don't think it is $4,000,000, but according to their figures,
$4,000,000.
Mayor Suarez: I think there is a lot of suspicion about their figures, here.
Mr. Carollo: Tremendous amount That is my motion if somebody seconds it.
Mayor Suarez: But, that is according to their figures, it would be
$4,000,000. We can vote on that and then ...
Mr. Carollo: Then they can think about it and ...
Mayor Suarez: ... you might want to think about mot. Thatwill reflect the
feeling of this Commission, certainly.
Mr. Dawkins: I second it for discussion. I don't know if we are going to get
the votes, but I second it for discussion. I don't want to let you off the
hook for $4,000,000. I am also disturbed that the units are not going where
we want them to go. Now, when we first started . now, you are coming with
three sites! When we first started with this, I told you, let's put 50 units
in Coconut Grove; let's put 50 units in Liberty City; let's put 50 units in
> Wynwood and let's put 50 units in Little Havana. You said "Oh, no, four sites
is out of the question" and I went along with you, okay? Now, you come up
with three sites, and the reason I am going with them, they are three sites in
three different areas, if you want to consider that. You have one in the
Black area, you have one in the Latin area and you have got one to be consid-
ered in the White area, but I would not vote ... I won't go for it _... for the
$4,000,000, a minimum that you be responsible for, but I will not vote for
anything under $4,000,000.
Mr. Plummer: Let me make the record clear, because I am not setting the
dollar figure, okay?
Mayor Suarez: We are just working on an equivalent, that is all -
Mr. Plummer: That's .. the name of the game is, that this City stands to
gain a total of 336 units, okay? That is where I am at, because I don't think
it is going to cost $4,000,000. 1 think it is going to cost less, okay?
Mayor Suarez: We have a motion. It has been seconded. Has it been seconded?
Mr. Dawkins: Hold it. Second, with J. L.'s amendment. Okay, what did you
say now, J. L.?
Mr. Plummer: I am not setting a dollar figure.
Mr. Dawkins: Okay.
144 January 23, 1986
Mr. Plummer: Th=y have set a dollar figure and I concur, of $1,600,000, in
Liberty City, $1,600,000 in East Little Havana and the third project.
Mayor Suarez: Yes, we don't ...
Mr. plummer: At the 104 units.
Mr. Carollo: That is exactly what I stated - exactly what I stated!
Mayor Suarez: And the motion does deal with how much you would lose on
Vizcaya, it simply accepts three projected together.
Mr. Carollo: Exactly what I stated!
Mayor Suarez: Exactly. It has been moved and seconded.
Mrs. Kennedy: Commissioner Dawkins, I was not a part of this Commission at
the time you were talking, but what I see here is not an attempt to help
Swire, but an attempt to build an equal number of houses in Liberty City and
East Little Havana and I'm all for that.
Mr. Dawkins: That is the beauty of being in America. Everyone is entitled to
his or her opinion - right, wrong, or indifferent,
Mr. Traurig: __ - las to whether or not the second part of the
Mayor's motion is included in your motion, Commissioner Carollo? ... and that
is that once we fund the $1,600,000 to each of those CDC's ...
Mr. Dawkins: You're not of the hook.
Mr. Carollo: And you take the responsibility of the third project.
Mayor Suarez: Let the mover clarify his motion, Commissioner.
Mr. Traurig: once we fund the $1,600,000 to each and we undertake the build
the other 104 units, your motion says that ...
Mayor Suarez: You have to do them anyhow.
Mayor
Plummer: You are off the hook.
fl... Mr. Traurig: ... that we are off the hook.
Mr. Carollo: Absolutely!
Mr. Plummer: Yes, sir.
Mr. Traurig: So we are off the hook for those ...
Mr. Plummer: Yes the bottom line is we get 336 units.
Mr. Traurig: Well, we are off the hook for 225 units, once we fund.
$1,600,000, but we stillhave the obligation to build the other.
Mr. Carollo: You are off the hook, Bob, once you fund the two projects for
$3,200,000 altogether and you take the obligation on the third project ...
Mr. Traurig: Yes.
Mr. Carollo: which you claim you are going to lose $800,000. We are
saying we don't believe it is going to be anywhere near that, if there is n
loss at all.
Mr. Traurig: Thank you for clarifying that.
Mayor Suarez: We have a motion. It has been seconded. Any further discus-
sion from the Commission?
Mr. Plummer: Mr. Traurig, would you like to comment, sir?
Mr. Traurig: No, sir.
145 January 23, 1986
Mr. Plummer: Excuse mer
Mr. Traurig: No, sir.
Mayor Suarez: Commissioner, I'm ready to call the roll.
Mr. Plummer: Mr. Mayor, I would ask as a personal favor that this matter be
deferred until 8:30 P.M.
Mayor Suarez: We will defer until 8:30 P.M. That is not necessarily going
back to the drawing board, Bob, but maybe! I don"t know.
Mr. Plummer: I will tell you exactly where I am at. I will vote for that
motion, but I want you to agree to it. That is why I asked if you wanted to
speak, and you said no, you didn't want to speak.
Mr. Carollo: J. L., all that we are saying is, we are going to vote upon It
so at least they know if there are three votes here or not, for it, because if
there is not, there is no sense them either considering it anymore.
Mr. Plummer: I would like them to think about it.
Mr. Traurig: Can you wait one minute?
Mr. Plummer: Sure, i will wait one minute.
Mayor Suarez: me is giving you until 8:30 P.M. - wait 37 minutes.
Mr. Plummer: I will give you two minutes.
Mr. Carollo: Just keep in mind that this Commission has a standing ...
Mr. Plummer: 336 units in this town, I will wait two minutes.
Mr. Carollo: ... policy that we are finished by 9:00 P.M.
Mayor Suarez: We are going to try finish by 9:00 P.M.
Mrs. Kennedy: After all we have to justify our $5,000, right?
Mr. Carollo: $2.40 an hour. That is the minimum wage, right?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: No, no. we will try to finish by 4:00 P.M. We may nave to
defer some items and I hate to do that.
Mr. Plummer: Mr. Mayor,, Mr. Traurig has an announcement that I think is most
beneficial to this City, and I"d like to hear it.
Mr. Carollo: Bob, I congratulate you. Before you speak, I know that you have
_ all searched your beams and you are going to do what is proper.
Mr. Traurig: Well, I congratulate the Commission because you have, I think,
done a great thing for the City of Miami and on behalf of Swire, I would like
to announce that we accept the proposal reflected in the motion by Commission-
er Carollo, which includes a release of Swire of the obligations once they
have paid in the $3,200,000 and undertaken the obligation to market those
units when completed on the Vizcaya site. Thank you.
Mayor Suarez: We have the ...
Mr. Carollo: Can we take a vote now, Madam Clerk?
-i Mr. Plummer: is that seconded?
Mrs. Kennedy: Yes, I second.
Mr. Plummer: Okay.
Mr. Carollo: Can we take a vote.
146 January 23, 1986
Mayor Suarez: We have the unique circumstances of a motion that
has been
- made, seconded, applauded, accepted and we are about to vote on it!
Call the
roll, please.
The following motion was introduced by Commissioner Carollo,
who moved
its adoption:
MOTION NC. 85-61
A MOTION OF THE CITY COMMISSION APPROVING THREE
LOCATIONS, PRESENTED TO THE CITY COMMISSION BY DEVEL-
OPERS IN CONNECTION WITH LOW/MODERATE INCOME HOUSING
DEVELOPMENT OFF CLAUGHTON ISLAND, AND IDENTIFIED AS
FOLLOWS: "(1) THE SHELL CITY SITE, (2) THE EAST LITTLE
HAVANA SITE, AND (3) THE VIZCAYA METRORAIL SITE,"
PURSUANT TO R-85-812; ACCEPTING SAID SITES SUBJECT TO
TENDER BY CLAUGHTON ISLAND DEVELOPERS OF THREE MILLION
TWO HUNDRED THOUSAND DOLLARS ($3,200,000) IN CASK, TO
BE EQUALLY DISTRIBUTED BETWEEN THE SHELL CITY SITE AND
EAST LITTLE HAVANA SITE DEVELOPMENT TEAMS; FURTHER,
REQUIRING CLAUGHTON ISLAND DEVELOPERS TO ASSUME THE
OBLIGATION TO PURCHASE AND SUBSEQUENTLY SELL OR RENT,
AS LOW/MODERATE INCOME AFFORDABLE HOUSING, UPON
DELIVERY FROM THE CONTRACTOR, 104 HOUSING UNITS AT THE
"VIZCAYA 21E R0RAIL" SITE; PROVIDING FOR RELEASE OF
DEVELOPER'S OBLIGATIONS UPON FULFILLMENT OF ALL THE
PREVIOUSLY STATED OBLIGATIONS.
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.
ON ROLL CALL:
Commissioner Dawkins: Regretfully yes, because we do need the housing, but I
still think I am letting them off the hook.
Mr. Carollo: Bob, I would like to personally thank and apologize at the same
time to Mr. Claughton and all of you that are here. I know it was frustrating
for all of us that have worked for this for many years, but I think at the end
we have done something extremely positive for the community. I think you all
are pleased, maybe not as pleased as you would have been, but I think you are
still pleased, and I think we have all come out winners and you can go ahead
on your project now and we can get some housing that is very badly needed.
Mr. Traurig: We are pleased and we are happy and we thank you.
Mr. Carollo: Thank you.
Mayor Suarez: Yes, sir? You are an interested party in this so I know the
least we can do is hear from you.
Mr. Edward Claughton: Well, I waited for a while. First, I would like to
congratulate the Mayor and the new Commissioners on being elected. I think
they made a wise choice, and of course, the two that are incumbents deserve to
be on here. My name is Edward Claughton and I simply wanted to say that I
have already gone on record with my position and a letter to Miller Dawkins
dated January 13., 1986, a copy of which was sent to each of you. In the
interest of time, I would simply suggest that you may, at your leisure tomor-
row, read that, and then you will know what my position is. I won't have co
take any time of the Commission.
Mayor Suarez: Thank you, sir.
147 January 23, 1986
Mr. Carollo: Tank you, sir.
- 44. DEFER, SEND BACK TO PLANNING ADVISORY BOARD, AMENDMENT "Q PROPOSED
FIRST READING ORDINANCE AMENDING ARTICLE 15, SPI SPECIAL PUBLIC INTEREST
DISTRICTS, SECTION 1520, SPI-2, ETC,
Mayor Suarez: Agenda item 12-A.
Mr. Sergio Rodriguez: 12-A and 12-B were items that came before you in
December and were deferred by the Commission and we broke them down into two
different amendments tc the Zoning Ordinance, so that we deal with the Article
B separately, which is both amendments. 12-A is basically an amendment to the
ordinance that deals with different items - among them, a definition on what
is property lines, a definition that is simpler to deal with some reformatting
on what is permissible in RO-3. In addition to that, allows radio and televi-
sion studios in CR-2 classifications. Also establish ...
Mr. Plummer: Whoa! Whoa! On 12-A?
Mr. Rodriguez: Yes, sir.
Mr. Plummer: Mr. Mayor, I've got some serious problems with 12-A and I want
this thing sent back, and let me tell you why. I want to remind this Commis-
sion that one of the proposed amendments in this thing is to allow condomini-
ums to have night clubs, and I that if you go around and
look, such as the Menage that existed in the one down here on Brickell,want to tell you tthe
people that buthose condominiums don't have any control over that first
yfloor, or first two floors. When this Commission, and I have been here long
enough that when the condos started going up, we allowed retail space as
accessory items to a condominium, or apartments. That got enlarged and that
got enlarged, and the next thing you know, we had applications for restau-
��. rants, and restaurants were then, not just for the applicants of the building,
or excuse me, the accessory uses to the people who 1:+ed in the building, and
the next thing you know, they were applying for liquor licenses. And the next
thing you know, to make it brief, is that you had a situation that existed
down here in Brickell Townhouse, that was a place called the Menage, the
people, the owners of the condominiums were filing lawsuits day in and day
out, asking this City for relief, and I guess what I am really saying is, that
these basically are residential units. If there was not a residence there,
they would have to apply for a commercial use, and there is no one that I know
of that is going to give a permission on Brickell Avenue to put in a liquor
time has come, and it is now! What he is
establishment. I say to you the
proposing here is just to reduce. I am saying to almost eliminate, unless it
is with the concurrence of the owners of the condominiums. It has just gotten
completely out of hand, that these condominiums, without the consent of the
so-called residents there, can have this kind of an atrocity placed upon them,
and they enjoy the right of putting in a retail establishment in a residential
use that they could not do otherwise, and I would ask that this matter be
deferred, sent back to the Planning Board and consider that any uses of retail
in condominiums or apartments in residential zoning be for the accessory use
of the units and the occupants of that building, which is where we originally
started, and Mr. Mayor, I know that the ones that are presently there are
already grandfathered, except Brickell Townhouse. They finally got and threw
they bought the guy out and threw him out and it has been vacant ever
since. The Menage is now gone after about 12 people got killed there, and you
know, these are the kind of things that I don't think this City wants to
foster, and I think we need to get back to basics and basics are, if we allow
retail, that retail 1s addressing the accessory uses of the people who live
there, and I offer in a motion that it be sent back.
Mayor Suarez: Ok, so moved, and let me clarify that whether this motion
passes or not, that will be what will happen, because there are only three of
as here.
Mrs. Kennedy: I second the motion.
seconded. Hearing no further discussion from the
Mayor Suarez: It has been
right now, being myself, please call the roll.
other person in this Commission
148 January 23, 1986
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 86-62
A MOTION DEFERRING CONSIDERATION OF A PROPOSED FIRST
READING ORDINANCE ("AMENDMENT "Q""), AS MORE FULLY DE-
SCRIBED IN THE TITLE OF SAID ORDINANCE, FURTHER DIRECTING
THE ADMINISTRATION TO SEND THIS PROPOSED AMENDMENT BACK TO
THE PLANNING ADVISORY BOARD SO THAT THEY MAY FURTHER
CONSIDER THE RECOMMENDATION THAT ACCESSORY RETAIL USES IN
RESIDENTIAL AREAS BE LIMITED TO THE OCCUPANTS OF THE
SUBJECT PREMISES.
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
Mayor Xavier L. Suarez
NOES: None.
ABSENT: vice -Mayor Miller J. Dawkins
NOTE: ALTHOUGH ABSENT AT ROLL CALL, COMMISSIONER CAROLLO
LATER ASKED OF THE CITY CLERK TO BE SHOWN AS
VOTING WITH THE MOTION.
Mayor Suarezt Do you want to be heard on that item? Yes, sir?
Mr. Stephen Helfman: My name is Stephen Helfman. I am with the law firm of
Fine, Jacobson, Schwartz, Nash, Block and England. We have some frustrations
With this problem also, and ...
Mayor Suarez: What, with the problem of deferring this item?
Mr. Helfman: Yes. This matter has already been deferred once. I represent
Mayor Suarez: I wasn't aware of that, was it deferred?
Mr. Helfman: Ok, I am with Fine, Jacobson, Schwartz, Nash, Block and England,
2401 Douglas Road,
1 Mayor Suarez: We haven't deferred too many items since I have been Mayor I
don't remember deferring this one.
+ Ms. Hirai: Your name?
Mr. Helfman: It is Helfman. This was set, I believe, for December, and .
Mayor Suarez: It was taken off the agenda, you mean.
Mr. Pierce: It was deferred from December 19th.
Mayor Suarez: We did defer it?
Mr. Helfman; I believe it was deferred at that time for discussion. I am not
p sure who made the motion to defer it at that time. In any event, we represent
a developer by the name of Ted Arinson, who has developed a building and
residential complex known as,"The Hamilton," on the Bay, which is approximate-
ly 34th and Biscayne Boulevard, just off 34th and Biscayne Boulevard. We
have been in the process of applying for a variance from the current code
_ provision, to permit an increase in seating in our existing restaurant there,
C from 163 permitted seats to 200 seats, and the reason for that is because we
need a liquor license in that building. Now, we have run into several prob-
lems, one of which was your Zoning and Planning staff felt that, that was a
use variance that we are requesting. The City Attorney has in fact advised
the staff that it is not, that it is a non use variance and that it is a
149 January 23, 1986
proper and legal request. When Lois item came up on December 8, we held back
on our request for a variance because we felt this matter would be dealt with
in this ordinance. Again it is being deferred. We have been in this process
for over a year now and trying to get a variance to increase the amount of
eating at this existing site and existing restaurant facxllty. I would
object to any deference on it and with respect to the comments that have been
made by Mr. Plummer, this ordinance reduces the size. This addresses your
concerns. It may not do away with the use of restaurants in a condominium,
but it in fact reduces the size of the restaurant. We have no problem with
that.
Mr. Plummer: Sir, I have a problem where these are matters are open to the
public. You go in there and you have got a restaurant night club in chew
condominiums, try to find a parking space if you live there! This business of
valet parking doesn't work. Now, reduce ... I want to eliminate it, all the
way.
Mr. Helfman: I understand that.
Mr. Plummer: All right? And what I am saying is, 1 don't want to eliminate
the uses for the convenience of the people who live there. That I am in favor
of, which is where we originally came from.
Mr. Helfman: Ok, I am not sure how you eliminate the public from coming Into
that. There may be a way to do it.
Mr. Plummer: Oh, very simply!
Mr. Helfman: There may be a way to do it. The problem, I think though, is
one of marketing, especially in our development, with Mr. Arinson's building.
The people know what they are coming into. The facility is there. If a
purchaser decides to spend $150,000, up to $400,000, $500,000, $600,000,
$700,000 on a unit there, that is his choice.
Mr. Plummer: Did you hear what I just said? If all of the people "a owned
the units are in favor and they want it and it is for their use, I nave no
problem with that! I have no problem with that, but when you atart bringing
in the public ... did you ever go to the Menage when it was open?
Mr. Helfman: No.
Mr. Plummer: You stood back 400 feet trying to get in because you couldn't,
first of all, get your car parked in there. You had all kinds of brats on
Brickell Avenue, people who were coming out with a little bit of attitude
adjustment in their system, and I am saying it is wrong. Now, if the people
of the condo want it for their exclusive use ... I went to one the other day
on Miami Beach - beautiful restaurant, gorgeous restaurant, only for the
people of that condominium. It is a very good concept. You can buy a drink,
you can buy food and it is for their use and invited guests.
Mr. Helfman: 0k, I understand your concern again. We have an existing
facility. We have a pending application. We have held back on pursuing our
application, in hopes that we could withdraw the application if this proposed
amendment went through. I would ask if you would instruct your staff kindly
to act on our requested variance to increase the amount of seating, so that we
can pursue this matter. It has held us out there with no viable alternatives.
Mayor Suarez: Let us hear from the staff on that point. I see a lot of heads
being shaken over here.
Mr. Walter Pierce: Mr. Mayor.
Mayor Suarez: Walter,
Mr. Pierce: Well, there is in fact, a legal opinion. Staff has been inter-
preting and defining the use variance in such a way that it is contrary to the
accepted legal definition of a use variance. We do not want to set a prece-
dent by moving from that position because it would be something that is
uncontrollable, and this was the way that we thought that we could control it
best, by amending the ordinance this way. That was the reason this provision
was brought forward.
150 January 23, 1986
Mayor Suarez: So this is your best attempt to solve their problems?
Mr. Pierce: To solve their problem without opening other cans of worms.
Mayor Suarez: What we have got on the floor is a motion to defer, and once
again - when we have got all five commissioners, maybe it will Pass.
Mr. Plummer: The roll has already been caiied.
=a
Mayor Suarez: No, it hasn't. I haven't voted on it.
Mr. Plummer: Didn't you call the roll?
Ms. Hirai: No, sir. Oh, yas. Yes, we have. Yes, we have.
Mr. Plummer: Yes, they called the roll.
Mayor Suarez: Well, I didn't hear it. If you did, record my vote against
the motion to defer. It doesn't matter, because there was only three of us at
the time. The motion couldn't have passed, because I couldn't have voted for
it - there was only three of us.
Ms. Hirai: You did.
Mrs. Kennedy: That. was oury three. You didn't vote.
Mr. Plummer: Excuse me, how did ... just for the record, how did you reflect
the Mayor's vote?
Ms. Hirai: It was a positive vote by you three. Mr. Carollo was absent, even
though when he came back he requested to be shown as voting.
Mr. Plummer: How did you record the three votes? Affirmative?
Ms. Hirai: The Mayor's vote? Yes, sir.
Mr. Plummer: That is what I heard.
Ms. Hirai: We can the roll again, if you want co.
f Mayor Suarez: You recorded to defer ...
Ms. Hirai: We can rescind this ... we have to rescind this motion and consid-
er it again for a new vote.
Mayor Suarez: If you recorded to defer, so be it. I-11 be more careful to be
a little louder next time, and we will have to come back.
Mr. Helfman: Thank you, Mr. Mayor.
Mayor Suarez: You recorded all three to defer, I guess.
Mr. Plummer: Yes.
Mayor Suarez: T am losing my quorum. Why are you taking all your documents,
sir?
Mr. Dawkins: I am not going anyplace. I an just putting this out so when I
do get ready, I won't have to ...
Mayor Suarez: All right.
Mr. Plummer; Take your marbles and go home.
Mayor Suarez: Yes, don't take your marbles and leave now!
151 January 23, 1986
45. FIRST READING ORDINANCE: AMEND ARTICLE 20, GENERAL AND SUPPLEMENTARY
RECULATIONS; PARKING OF RECREATIONAL EQUIPMENT IN RESIDENTIAL DISTRICTS.
Mayor Suarez: Item 12-9
Mr. Rodriguez: Item 12-B deals with allowing boats and boat trailers in front
of homes in the RS and RG-1 districts only. The Planning Department recom-
mended approval of this. The Planning Advisory Board recommended against it.
Basically, this is subject to the following restrictions: - that we have a
space available in front of the property, that will be at least 50 by 20, for
the boat; and that there will be only one boat or trailer in front of the
property, maximum; and that the maximum size of that boat, with a trailer and
motor will be 24 by 8; and that they couldn't be parked parallel to the front
Of the house, and that all masts have to be down.
Mayor Suarez: Where do we now allow boat trailers in front of properties, if
I may ask?
Mr. Plummer: We don't
Mr. Rodriguez: No, we dou't allow that.
Mayor Suarez: We don't at all? Why are we moving to allow in this particu-
lar...?
Mr. Rodriguez: The Commission instructed me to bring an amendment on this
issue, about three or four months ago. In looking at the situation that we
have in Miami, we find char we have about... and these are figures which we
got, 41,000 boats, which are registered in Dade County, of which five percent
are commercial, and we are assuming that 25 percent of the remainder, about
10,000 boats, are somewhere in the City of Miami. Maybe the figure is too
high, but this is the best that we could get. We feel thac the capacity that
we have in the marina, in the City is limited, and we feriat thi, point, even
when we realize that there is a visual impact in having a boat in front of the
house, boats have not become a luxury, as they used to be before, and it is
something which is more affordable in a City like Miami which is water orient-
ed.
Mr. Carollo: Well, what we are doing here, Xavier, is that, you know, this is
a water oriented community, and what we are trying to do is, the little guy
that can't afford the marinas to store the boat, the guy that has a little
boat that is 15, 16 feet long, 14 feet, you know, helping him so that he can
enjoy the water and at the same time, store his boat.
Mayor Suarez: What are the limitations to make sure that it is a little guy
with a little boat? What are we talking about here?
Mr. Rodriguez: The limitations that we have is 24 foot in length.
Mr. Pierce: Over all length.
Mr. Rodriguez: Over all length. That will include the trailer and the motor.
We are assuming about two feet overlapping of the motor, and about two feet of
the trailer, in the front of the trailer, so you have about a 20 foot boat
allowed, on this item.
Mrs. Kennedy: How many boats do we have in the City of Miami? Estimate.
Mr. Plummer: 17,000,8631 (LAUGHTER)
Mrs. Kennedy: How many marinas?
Mr. Rodriguez: The information that I was able to get only was that the
capacity of the City marinas is 450 slips. I don't have informations on
others. That 1s what got, and that is what I said, this is the best I could
_. get.
152 January 23, 1486
0
Mr. Plummer: Serg.o, excuse me. The marinas have no bearing on this item.
The boats that are going to be stored here are on trailers, so it is not a wet
slip as commonly referred to in a marina.
Mr. Pierce: Right, a dry slip.
Mr. Plummer: It is a dry slip, which there are literaily thousands of them
available.
Mr. Carollo: No, no, J. I.
Mr. Rodriguez: I think I have information on that, sir.
Mr. Carollo: There are not thousands available. I mean, there is a lot more,
and you are correct, in the wet slips, but theca are not that many availubla,
and if you go and look at the cost - you know, can you imagine, here is a guy
that has spent $2,000, $3,000 on a 15 or 16 foot boat, and then he is going to
be paying $60 a month or more to store it? It is crazy!
Mr. Plummer: Joe, let me understand with you. I have no problem of parking
his boat in the back yard. Ok? I've got no problem with that at all, but in
the front yard, from an aesthetic standpoint, I think it is wrong.
Mr. Carollo: The only question is, in the City of Miami, where your average
lot is only 50 feet wide, hardly any house is able to store a boat in the back
yard. You know, you just can't get it through. I mean, you and I wouldn't
have any problem, but...
Mr. Plummer: Yes, because neither one of us owns a boat!
Mr. Dawkins: You all live on expensive land.
Mr. Hugh Patrick: I am Hugh Patrick, chairman of the City of Miami Waterfront
Board. There is an ordinance that limits any trailerable boat to 8 feet wide,
and if I am not mistaken, you have to have a setback on each side of the house
at least 8 feet wide.
Mr. Carollo: No, no. Those were different dates. It has all been changed
now, as far as...
Mr. Patrick: We are now going to zero lot lines, Ok. I just wanted to
introduce that thought to you.
Mr. Carollo: But, we do have other ingredients that we placed in this ordi-
nance, that it could only be so much in height, so much in width, and so on.
Why don't you read all of the lines.
Mr. Rodriguez: And I may add also that the boat cannot be parked on the site
setback, which is five feet, so you have five feet from the property line,
where you cannot_ put the boat anyhow, on each side of the property. In
` addition to that, you have to have an area in the front of the property that
Ip will be at least 50 by 20, to be able to place it, and the number of Trailers
and boats will be a maximum of one per lot.
l..., Mr. Carollo Right.
Mr. Rodriguez: They could not be parked parallel to the front of the house.
They have to be perpendicular to the house, so that it will not block the
whole view of the house, and in addition to that, the mast of the boar has to
be down.
Mr. Patrick: I think there is plenty of adequate dry, storage space in the
City and the county, if the people were looking for it.
Mr. Carollo: How much do they run about, a month?
Mr. Patrick: It varies - from the county, it is cheaper than anyplace else,
and there are still waiting lists in some of them, and in some of them there
are not.
Mr. Carollo: In the City? City owned...
153 January 23, 1986
Mr. Patrick: The City does not have any dry storage spots.
Mr. Carollo; Yes, we do.
Mr. Patrick; The City has, no.
Mr. Carollo: We are leasing them.
Mr. Patrick: Well, they are leased, and therefore they are private enterprise
and their cost is considerably higher than the county's.
Mr. Carollo: What they are going for today at minimum is $60.00.
Mr. Patrick: Yes.
Mr. Carollo: Minimum. It is probably higher than that.
Mr. Patrick: Yes.
Mr. Carollo: Can you imagine your average guy that is going to buy your
little boat, it will be 15, 16 feet long, that at most is going to cost them
maybe, I don't know, if he buys it used, $2,000, $3,000. If he buys one bran
new, it is $75,00.
Mr. Patrick: krg.—
Mr. Carollo: And he is going to be paying over $700 a year, just to store it.
It is absurd!
Mr. Patrick: That gets down to a point, the rates of dockage in the county
and the City are a little high also.
Mr. Carollo: What we are doing is legalizing what mosc people that own a
small boat are doing. You go through any block in the City, it is going to be
rare if you don-t pass by at least, in every block, one house that has a small
boat parked in the front. You know, so they are going it already. All we are
going to do is legalize what is being done already, and s not being enforced,
because it is really unenforceable.
Mayor Suarez: LeL me ask Sergio a question. What is the situation in the
county? I mean, I see a lot of boats parked, and trailers, all over the
county. Are these...
Mr. Pierce: I am the resident county zoning expert.
Mayor Suarez: Walter, right.
Mr. Pierce: The county has the same regulations as the City - no boats or
trailers are permitted in the front yard. The County situation is a little
bit better, because the minimum lot width is 75 feet vs. 50 feet in the City,
and a minimum 7 and one-half foot side yard area and in many instances, those
are maybe LO feet, so they have a little better situation in the county than
we do.
Mayor Suarez: Oh, you mean they put them next to the house, is what you mean.
Mr. Plummer: Behind.
Mr. Pierce: Yes, and they don't have that additional five foot setback that
we have here in the City, that Sergio was just referring to.
Mayor Suarez: What happens if we pass this, just as a hypothetical, and
decided that it created an unsightly city and wanted to repeal it. Does that
mean that someone is going to have all kinds of vested rights that we are not
going to be able to prohibit lacer? Are they going to claim to be
grandfachered in because they have got a moving vehicle, in effect, in their
lawn?
Mr. Plummer: Or they went out and bought the boat predicated on the ordi-
nance, and now you won't let them keep it. They have got to sell it, and they
want you to pay the difference.
154 January 23, 1986
Mrs. Doughe_ty: Well, we haven't passed the ordinance yet.
Mayor Suarez: Give me one of your lightning, top of the head legal opinions?
Mr. Pierce: If we passed it, and then we repealed it later...( I NAUDIBLf.)
Mr. Rodriguez: I can't answer your question legally, but we have at this
point, a lot of complaints, and the enforcement of the present laws are based
only on the complaints of the different neighbors, so it is not enforced
equally throughout the City.
Mayor Suarez: I understand It is not enforced particularly well.
Mr. Pierce: Not only that, but it is practically unenforceable.
Mr. Plummer: Let me ask another question. What sayeth the City law now, in
reference to R.V. vehicles and Trailers?
Mr. Rodriguez: It is the same thing.
Mr. Plummer: They are prohibited now?
Mr. Pierce: Same as boars are.
Mr. Plummer: And R.V.'s are much bigger, and much more...
Mrs. Dougherty: In answer to your question, they would have a grandfathered
if they existed at the time, and the use existed at the time the ordinance was
passed, and then we changed it, they would be grandfathered.
Mayor Suarez: There is no way to prevent that?
Mrs. Dougherty: we could require...
Mr. Plummer; Don't do it!
Mayor Suarez: Yes, other than not doing ic!
Mr. Rodriguez: In the case of major recreational equipment, if they exceed in
height 6 feet, they would not be allowed to be put in the front of the proper-
ty.
Mr. Plummer: All R.V."s are above 6 toot.
Mr. Rodriguez: No, you have the popups, which are lower.
Mr. Plummer: That is a trailer.
Mr. Rodriguez: I call it an R.V., because I have one.
Mrs. Kennedy: Then if we pass this the next thing that they will be coming is
for the trailers, also.
Mr. Plummer: Then you are going to have people living in them, and then we
are going to be back into Belle Meade, and more birds are going to fly into
the wires and...
Mr. Rodriguez: The height is 6 feet, and you only have to have a very short
people living in them.
Mr. Plummer: Hey, guys, remember the houseboats at Little River canal? we
just bought that this morning. You guys want to kill all those Baptist birds,
go ahead, I don't care! (LAUGHTER)
Mayor Suarez: Input here from the public? Yes sir, state your name and
address. Make it brief.
Mr. David Strong: My name is David Strong, I live at 2321 Trapp Avenue, and I
am a case in point of what is being discussed here, because at that address, I
have a boat which is not on my property, but on the public right of way, and
my yard is such that I could not store my boat in my driveway, because that
would eliminate the access to my garage. I couldn't put it in my back yard,
155 January 23, 1986
it i impossible to get it there, and I could not put it parallel to my front
yards because there is all manner of oak trees and other shrubbery that is
growing there, and I concur with Mr. Corolla, that this is a more or less of a
marine town. people are associated very much with the water, and I think that
the Commission should take into consideration that people do have boats, and
will continue to have boats, and I think instead of putting limitations on
these things I think you should try to encourage it. Thank you very much.
Mayor Suarez: Commissioners, we have got a motion. Did you make a motion?
Mr. Carollo: Yes, I did.
Mayor Suarez: Has it been seconded?
Mrs. Kennedy: What was your motion?
Mr. Carollo: My motion was to approve the ordinance at first reading.
Mayor Suarez: On first reading? It is i2-3.
Mr. Plummer: Call the roll.
Mayor Suarez: No, we don't have a second yet. We have been discussing it
without a second. I guess we have been asking questions more than anything
else. Since it is a first reading, I will tell you now I feel about it, I am
ready to vote in favor of it, pending a legal opinion from the City Attorney,
that we could build into this thing, if we have to, by having another first
reading the second time around, a proviso that if the City decided that this,
since it created a great problem, no one would be grandfathered in. These are
moving vehicles. They are not part of the real estate, and I would hope that
somehow we could get a legal opinion to that effect.
Mrs. Dougherty: We will actually write it into the ordinance.
Mr. Dawkins: Has it been seconded?
Mayor Suarez: No, it has not been seconded. I -in't know why we have been
M` discussing it, but...
Mr. Dawkins: Me either! I don't either.
Mayor Suarez: We have got a motion. No second?
Mr. Dawkins: I am going to second it, because, here again, this points out
the same thing I have said about the Claugbtoa Island group. See, big devel-
opers come in, get anything they want, and the little, small homeowner catches
hell trying to get relief, and we are talking about, like Joe said, people who
bought a little boat just for recreation and no other money for nothing else,
but to get in the boat and go out and fish and have a little recreation. They
have got no place to put it, so I will be voting with the motion.
Mayor Suarez: It has been moved and seconded. Once again, I have stated my
position, that I would not vote on it in favor of the second reading, unless I
was assured that there would be no grandfathering. Please call the roll.
Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA BY
AMENDING SECTION 2020 BY PROVIDING A DEFINITION FOR
MAJOR RECREATIONAL EQUIPMENT AND ALLOW CONDITIONAL
PARKING OF BOATS AND BOAT TRAILERS IN THE FRONT OF
HOUSES IN THE RS AND RG-I DISTRICTS, CONTAINING A
REPEALER PROVISIONS AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote-
156 January 23, 1986
AYES: Commissioner J^e Carollo
Commissioner Rosario Kennedy
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: Commissioner J. L. Plummar, Jr.
ABSENT: None.
The City Attorney read the ordinance into the public record and an-
nouneed that copies were available to the members of the City Commission and
to the public.
46. COMPREHENSIVE PLAN AMENDMENTS FOR S.W. 27TH AVENUE
Mayor Suarez: Item 13 - 27th Avenue
Mr, Guillermo olmedillo: This request is to transmit the proposed amendment
to the Miami Comprehensive Neighborhood Plan, as recommended in the 27th
Avenue study. This study was undertaken in response to a request by the
Commission in order to organlze the growth and development of 27th Avenue.
The Department undertook two informal neighborhood meetings, which helped us
sbaping the study itself and the recommendations and the Planning Advisory
Board meeting, in which it was voted positively, in a six to zero vote. The
basic study, area as you see is along 27th Avenue, south of Dixie Highway and
Tigertail, and east and west of this area. It is of different uses along 27th
Avenue and different zoning classifications, as you can see in the analysis
that you have 1r. your package. The front...
Mayor Suarez: Excuse me for interrupting. Sir, what item are you recording
for? Just generally? The Commission does not usually function with a court
reporter full time. I mean, if you are donating your services to the City of
Miami...? I have a feeling - I don"t want to tell you what tc do, you run
your own business, but I have a feeling that when you send that transcript
that you are about to produce to whoever it is, they are not going to want to
pay for it, and you may have wasted your time. you are welcome to stay and
record whatever you want. Go ahead, Guillermo, I am sorry.
Mr. Olmedillo: The analysis showed us that the residential area to the east
of 27th Avenue is a very stable residential area with up to 75 percent owner
occupancy. The western side of 27th Avenue is only about 40 percent and it is
less well maintained. There are some multifamily and retail offices along
17th Avenue, due to the different zoning that we have, and we found a tendency
to redevelop on the west neighborhood area. The exisiing zoning districts are
various. We have an SPl-11 close to the Metro station and we have CR-2/7 and
SPI-3 overlay, which is south of Dixie Highway on the northeastern section of
the area in study under analysis. Then we have Ro-2.1/5 district. It is a
residential and office district, the rest of the way. We have also SPI-1
district and an RG-2/5 district. The 27th Avenue is classified as a minor
arterial facility. The Metro -Dade Transportation...
Mayor Suarez: Classified as a what?
Mr. Olmedillo: A minor arterial facility, at this point.
Mayor Suarez: What does that mean? A minor arterial facility?
Mr. Olmedillo: Right, it has two lanes, only.
Mayor Suarez: Well, that is a complicated way of saying that.
Mr. Olmedillo: Right. The Metro -Dade Transportation Improvement Program,
lists improvement of this roadway to four lanes, plus turning lanes to 1990 to
1995. This is a seventy foot right of way, which they are recommending. As
currently zoned, the sanitary sewer capacities are adequate. Any improvements
introduced in the area should be required that the cost be born by the devel-
opers themselves. The recommendations that the Planning Department has made
is that, the comprehensive plan be amended, to include a high density residen-
157 January 23, 1986
tial designation to residential —commercial designation of 27tn Avenue from
i1 Bird Road to Tigerta Avenue, from low to moderate residential designation to
moderate density residential designation, east of Center Street from Bird Road
to Day Avenue, and west of 27th Avenue from Coconut Avenue to approximately
100 feet north of Bird Avenue.
Mayor Suarez: Why are we doing this? Who asked the Ciry Planning Department
to even consider changing all of this, if I may ask?
Mr. Olmedillo: The City Commission instructed the Planning Department to come
up with a study.
Mayor Suarez: The prior City Commission.
Mr. Olmedillo: Yes, sir.
Mayor Suarez: So, you had to do it.
Mr. Olmedillo: Now, I shall tell you why and how these zoning changes.
Mayor Suarez: Why do you think it should be? You really are going to tackle
that?
Mrs. Dougherty: It has to be transmitted.
Mr. Rodriguez: May I stop this one second, because I think you are going to
spend too much time on this.
Mayor Suarez: It has to be transmitted back to this Commission.
Mr. Rodriguez: We are spending too much time on this.
Mayor Suarez: It appears it is not going to pass right now.
Mr. Rodriguez: No, what we are asking from you today is, to transmit this to
the Department of Community Affairs. As you know, as of October 1, 1985, we
have a new law that requires...
Mr. Joel Maxwell: Mr. Mayor, for the record, Joel Maxwell, Assistant City
Attorney. Chapter 163 of the Florida Statutes as amended in October, requires
that this Commission transmit the document to the Department of Community
Affairs for review 60 days prior to adoption. It is a administerial act, this
Commission...
Mayor Suarez: Wait, wait a minute. We are talking about a statute that
requires us to prepare a comprehensive plan for neighborhood, is that what you
are talking about?
Mr. Maxwell: That is correct, but what happens before...
Mayor Suarez: It doesn't require us to change anything, does it?
Mr. Maxwell: Before it is adopted at all, it has to be transmitted to the
Department of Community Affairs.
Mayor Suarez: You can transmit whatever we have got now. We comply with the
law, do we not?
Mr. Rodriguez: Right.
Mayor Suarez: That doesn't sound like a good reason for changing the zoning
on 27th Avenue.
Mr. Rodriguez: Well, what we are suggesting is, that because you asked us to
do a study, and we have done a study, and we have...
Mayor Suarez: You, meaning...?
Mr. Rodriguez: The Planning Department.
Mayor Suarez: The Commission.
158 January 23, 1986
Mr. Plummer: The former Mayor.
Mr. Rodriguez: Yes, when I say it like that, I mean, you, use Commission,
asked us to do a study. We did a study and we have made recommendations that
would make some changes on the land uses and the zoning of the area. We are
required by law now to transmit chis proposal to the Department of Community
Affairs for them to respond to it and that we establish two days for hearings
for this. The days that we are suggesting for hearings are April 24th and May
8th, to comply with the requirements of the law. At that time, we will nave
full hearings on these recommendations by the staff.
Mayor Suarez: All you are asking this Commission to do is to agree to trans-
mit your proposal to D.C.A.?
Mr. Rodriguez: Right, as an administerial function and establish the date of
the hearing.
Mayor Suarez: Given that we want to have these hearings at all and that we
want to even consider all of this. Otherwise, we can just forget about it, I
presume.
Mr. Plummer: Well, ok, Mr. Mayor, I respect your right to your opinions. I
think that any persons today who travels 27th Avenue is looking at a hodge-
podge, all right? And I don't think that is what we want, or at least what
most of the people have expressed to me. I think, you know, progress is fine,
but it has got to be orderly progress. And the way that is has gone now, it
is not such, and I think that what we are trying to accomplish here, is some
kind of control for an orderly progress, because progress is going to happen
on 27th Avenue. It is going to be widened, and you know, I just think that if
we don't proceed with this, we are going to see the old slicing up of the
baloney, rather than addressing the whole thing, hopefully, at one time. So,
that is my opinion. I will move, as recommended, that you sent it to D.C.A.,
and that you have the hearings on... what?
Mr. Rodriguez: April 24, 1986, until 5:00 p.m,, for first reading, and May 8,
1986, for second reading, at 5:00 p.m.
Mr. Plummer: I so move.
Mr. Dawkins: Second.
Mayor Suarez: All right, it has been moved and seconded. I just want to say
that 1 drove up 27th Avenue the other day, just to see one more time what is
there, and I found that, it, I don't know how many percentages, but, I would
guess 75% or 80% of that street is still residential, that avenue, and I don't
see the need for any changes, to tell you the truth, or even any studies.
Mr. Paul Collins: Can we discuss this before we vote?
Mayor Suarez: Well, at this point we are just transmitting it to D.C.A. and
following...
Mr. Collins: Well, there is one small point. The amendment as originally
passed by the P.A.B., said... 1 am Paul Collins. I live at 2232 Lincoln
Avenue, and this is Jim McMasters.
Mayor Suarez: Go ahead, Paul.
f:j.. Mr. Collins: And he has brought to my attention that this has been changed
since it was passed by P.A.B. it was residential -office, and it now says
residential -commercial.
Mr. Plummer: Well, it might be changed at the public hearing.
Mayor Suarez: yes, it will undergo...
Mr. Rodriguez: And the reason for that is, if I may, is that the designation
that we have in the master plan, doesn"[ have residential -office. It says
residential -commercial.
Mayor Suarez: As far as the citizens are concerned, they can save their time
in regards to my vote, because I will never vote for these changes, I don"t
159 January 23, 1986
think that they are needed, but maybe you will convince me otherwise. It has
happened once or twice in our lives. We have got a motion. Has it been
seconded?
Mrs. Kennedy: Can you repeat the motion?
Mayor Suarez: The motion is to transmit to the Department of Community
Affairs of the State of Florida, the proposed changes, pending at least two
sets of hearings, so we really are not acting on the item, we are just trans-
. mitring it. It has been moved. Has it been seconded?
M.S. Kennedy: Yes, I will second it.
Mayor Suarez: It has been seconded. Any discussion from the Commission?
Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-63
A RESOLUTION MAKING FINDINGS, DIRECTING THE CITY CLERK
TO TRANSMIT PROPOSED AMENDMENTS TO THE MIAMI COMPRE-
HENSIVE NEIGHBORHOOD PLAN 1976-1986 FOR CERTAIN
PROPERTIES AS RECOMMENDED IN THE "S.W. 27TH AVENUE - A
GATEWAY TO COCONUT GROVE: A PLANNING STUDY OF DEVELOP-
MENT AND TRAFFIC IMPACTS" (AUGUST, 1985) TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR COMMENT
AND FURTHER ESTABLISHING PUBLIC HEARING DATES FOR
CONSIDERATION OF AN ORDINANCE AMENDING THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE SUBJECT
PROPERTIES FROM MODERATE TO HIGH DENSITY RESIDENTIAL
DESIGNATION TO RESIDENTIAL/COMMERCIAL DESIGNATION ON
S.W. 27TH AVENUE FROM BIRD ROAD TO TICERTAIL AVENUE
AND FROM LOW TO MODERATE RESIDENTIAL DESIGNATION EAST
OF CENTER STREET, FROM BIRD ROAD TO DAY AVENUE, ALND
_ WEST OF S.W. 27TH AVENUE FROM COCONUT AV.:MUE TO
APPROXIMATELY 100 FEET NORTH OF BIRD AVENUE; AND LOW
DENSITY RESIDENTIAL DESIGNATION TO RESIDENTIAL COMMER-
CIAL DESIGNATION FOR PROPERTY APPROXIMATELY 100' X
200' IN SIZE, FRONTING ON THE EAST SIDE OF S.W. 26TH
AVENUE, BETWEEN S.W. 27TH LANE AND S.W. 26TH STREET;
SAID DATES BEING THURSDAY, APRIL 24, 1986, AFTER 5:00
P.M. FOR FIRST READING AND THURSDAY, MAY 8, 1986,
AFTER 5:00 P.M. FOR SECOND READING.
(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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
NOTE: ALTHOUGH ABSENT AT ROLL CALL, COMMISSIONER
CAROLLO LATER ASKED OF THE CLERK TO SHOWN AS
VOTING WITH THIS MOTION.
ON ROLL CALL:
Mayor Suarez: "No". I don't even want it to be transmitted.
160 January 23, 1986
47. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN.
Mayor Suarez: Item 14.
Mr. Joe McManus: Mr. Mayor and members of the Commission, Joe McManus, City
of Miami Planning Department. Item 14 follows very closely the procedure that
Mr. Rodriguez just explained in Item 13, except we now have a proposed Miami
Comprehensive Neighborhood Plan in its entirety. You want to be able to
transmit that to D.C.A. for a 90 day review and comment. It will be returned
back to this Commission. There would be two public hearing scheduled in April
and May - full blown public hearings on the substance of the plans.
Mayor Suarez: This, I understand, we must transmit to comply with state law.
Glad we agree. I don't want to be a lawyer up here now. I will entertain a
motion from the Commission on this. Do we have quorum?
Mr. Dawkins: Move it.
Mayor Suarez: It has been moved.
Mr. Carollo: Second.
Mr. Dawkins: It has been seconded. Call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-64
A RESOLUTION MAKING FINDINGS; ADOPTING THE EVALUATION
' AND APPRAISAL REPORT AND DIRECTING THE CITY CLERK TO
TRANSMIT THE PROPOSED MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN (SEPTEMBER, 1985), THE EVALUATION AND APPRAISAL
REPORT AND CURRENT CAPITAL IMPROVEMENT PROGRAM TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR COMMENT
AND TO OTHER AFFECTED AGENCIES FOR COMMENT PER SECTION
163.3161 F.S. "LOCAL GOVERNMENT PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FURTHER ESTABLISHING
FUTURE PUBLIC HEARING DATES ON THURSDAY, APRIL 24,
1986, AFTER 5:00 P.M. FOR FIRST READING AND ON THURS-
DAY, MAY 8, 1986, AFTER 5:00 P.M., FOR SECOND READING,
CONSIDERING AN ORDINANCE ADOPTING THE MIAMI COMPREHEN-
SIVE NEIGHBORHOOD PLAN (SEPTEMBER, 1985).
(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: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
161 January 23, 1986
48. WITHDRAWAL OF PROPOSED FIRST READING ORDINANCE; ATLAS CHANGE ON APPROX.
4000-5299 N.W. 17 AVENUE FROM CG-1/7 TO CR-2/7.
Mr. Dawkins: Move Item 15.
Mr. Rodriguez: May I speak on this issue?
Mr. Dawkins: Yes, you may speak on it, but I am like the Mayor. I mean, you
came up with an ordinance 9500, and you told me that would correct everything,
and every time I have a meeting you say we have got to alter 9500. I mean, I
just don't know what the hell we are doing!
Mr. Rodriguez: Item 15, if you recalled, you asked us to come back today
You deferred this in November. We had another meeting with the residents of
the area, and frankly, they are not in support of the recommendation that we
are making to change the zoning of the area, so at this point I am withdrawing
the item.
Mr. Dawkins: you are withdrawing it?
Mr. Rodriguez: Yes, unless there is somebody here that wants to speak in
support of it.
Mayor Suarez: I will only speak in support of one of the attachments you gave
us with this item, which had a nice itemization of all the different uses in
the area. That is one of the first times I-ve seen a map, or whatever you
call that, that looks that way; it was very useful in considering the item,
you know, with all the specific names of the different things that are there,
instead of a bunch of difficult to understand numbers and classifications.
But, if it has been withdrawn, it has been withdrawn, Comnissioner, unless you
want to revive it.
Mr. Dawkins: No. _._. _... _.. _ ..
49. DEFERRAL OR APPEAL REGARDING VARIANCE AND SPECIAL EXCEPTION GRANTED FOR
3195 GRAND AVENUE.
Mayor Suarez: Item 16.
Mr, Olmedillo: We have a petition to review a variance granted by the Zoning
Board, permitting the construction of a proposed commercial/residential
structure with a light plane intrusion, and it is a companion item to 17,
which is the review of the special exception granted by the Zoning Board,
permitting a proposed parking structure in conjunction with a proposed commer-
cial/residential structure in an RS-2/2 district. I shall explain first the
light intrusion in the overhead projector. As you know, the ordinance has
provided for light planes, in order to preserve right to light and ventilation
and air, for the adjacent property owners. The present project has an intru-
sion in the light plan, which is the...
Mayor Suarez: You will get an opportunity.
Mr. Olmedillo: ... area shaded in red in the overhead projector. Then, the
other exception granted was the reduction of loading stalls. The Planning
Department feels that the reduction of eight, which was the required number of
stalls, the loading stalls, to four, was excessive due to the fact that the
post office has the right to reserve certain number of loading stalls. The
Special exception as to the garage, to be located in the RS-2/2 district. The
garages proportions are not in accordance with the district. That is, if you
take the two sites, as two separate sites owned by different people, what you
can be able to build in the sites in the RS-2/2, area would be much smaller,
because you have certain restrictions from the light envelope, the height, and
the bulk of the building itself. In principle, the on -site parking should not
be used, to realize the full far, which is one of the limitations that the
162 January 23, 1986
site has. For this there has to be special consideration, and the fact is
that this project has on -site 123 parking spaces. This 123 parking spaces
will limit the building to be...
Mayor Suarez: You are saying off -site?
Mr. Olmedillo; On -site.
Mayor Suarez: On -site.
Mr. Olmedillo: On -site. They are providing 123 parking spaces. Taking this
into consideration, the mass of building you can have will be close to 7,500
square feet, compared to the 157,000 square feet that we have in the project
today. As you know, not only F.A.R. is the limitation placed upon the size of
the development. We have a building envelop, which is compounded from heignt
limitations, light plane setbacks, coverages, and F.A.R. - F.A.R. being
just one of them, and so we feel that these two considerations and comparisons
should be taken one to one, the development of the site as it is in the
project, or the development of two sites, by separate ownership, or by sepa-
rate type of projects, separate use. The last consideration would be happens
on Florida Avenue, which is the northern boundary of the property, if a
parking structure, which is three levels in height, is built there - the
traffic emptying on McDonald, and what impact this has on Florida Avenue, if
we allow a parking structure to exist on Florida Avenue. What we are doing in
fact, is that F'_c -i ' a service road for Grand Avenue. You can see
that that area is residential in use and in nature, and is zoned as a residen-
tial district. On the western side you have the school and the park, and if
the precedent is established that this can be used as a parking structure of
this magnitude, then there is the opportunity for other developers to do the
same thing, and Florida becomes a service road for Grand Avenue, and that will
be not only the site east of McDonald, but also west of McDonald, where we
have a vacant site, which will go probably the same way, if we allow this
parking structure.
Mayor Suarez: At this point, your department recommends...?
Mr. Olmedillo: Denial.
Mayor Suarez: Denial. This is an appeal, so I guess we get to hear personal-
ly from the objectors and I have a feeling they are represented by Janet
Cooper.
Ms. Janet Cooper: Some of the objectors are. Thank you, Mr. Mayor.
Mayor Suarez: Some of the objectors.
Ms. Cooper: It is a late hour...
Mayor Suarez: Give us your name and so on... formalities.
Ms. Cooper: Yes, sorry. Janet Cooper, I am an attorney at law. My offices
are 4014 Chase Avenue. I am here representing Larry Sokol of 3124 Florida
Avenue, Lee Goldsmith of the same address, John T. Green of 3158 Florida
Avenue; Bill Harcas, the same address, Colette Raker of 3104 Florida Avenue,
Carl Boehm, of 3150 Florida Avenue, and Grady Lee Dinkins of 3201 Florida
Avenue, and I have the legals available, if necessary. They are all adjacent
to the proposed project. Before I go on, Mr. Mayor, because of the late hour,
(it is now 8.45 p.m.) this item, when it came before the Zoning Board, it took
some two and one-half hours, and T know this Commission usually ends at 9:00
p.m. I was wondering, before we get into this any further, what is the
position on the timing on this?
Mayor Suarez: We are not planning to go much beyond that, I will tell you
that, but I presume you are not going to use the next half hour, or forty-five
minutes? I mean, you can make your presentation as brief as possible.
Ms. Cooper: I am going to, but I know there are a number of speakers, and I
' don't know how short it is going to be.
Mayor Suarez: Well, you know, try to summarize and do not duplicate. You
know, I can't imagine they would be telling us so many different things, you
know.
163 January 23, 1986
Ms. Cooper: Okay, 1 will press forward. I have asked the people that I have
spoken to, the people I represent, to keep their comments short. What my plan
was, was to ask the other people to speak and than I would follow, and I will
go ahead and follow that plan, if...
Mayor Suarez: Now many speakers do you plan to have?
Ms. Cooper: Well, I have about six, but, there are several others, I under-
stand, W110...
Mayor Suarez: How many objectors besides the ones that Janet is representing
wish to be heard on this item? Besides the ones she is representing, now!
Four? How many proponents are you going to have?
Mr. Plummer: You are talking about at least an hour, Mr. Mayor,
Ms. Cooper: I also have George Acton here, as an expert, who I didn't count
in that, who will have a fairly lengthy presentation, because he is dealing
with the technicalities that we have to put on the record. You tell me what
to do, and I will be glad to do it.
Mayor Suarez: I don"t usually make any motions one way or the other. I wair
for my Commission to do it. I would entertain a motion to defer. I don't
like to do defer, but we have worked awfully hard, right through what would
typically be recess, dinner rime, etc., so I mean,..
Ms. Cooper: Yes, we also are not...
Mr. Corolla: I am sorry Janet - let me say for the record that the policy we
always had is that we break at 9:00 p.m., no matter what is there. I know
that some of you have waited a long time, but you know, but we have gone for
12 straight hours today. We are human also, and I personally nave to be up at
5:00 o'clock in the morning tomorrow, and I am just not going to be able to be
here another hour and one-half or so.
Mrs. Kennedy: I feel the same way. I feel very sorry for everyone in here,
but on the other hand, I just don't see how we can do it, and finish with the
rest of the agenda!
Ms. Cooper: We would prefer not to defer it. I just want you to understand
that, but also, we prefer not to get into it and start on it only to have to
!.. come back again.
Mayor Suarez: Let me ask a question. Ron, how much time would you need to
make your presentation?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: You were talking about one-half hour over there? And at least
one-half hour on the objectir's side, and we want to hear you fully. We want
to hear you out.
Mr. Cooper: Are you willing to stay an hour and one-half?
Mr. Plummer: Is there anybody here that has an objection to this matter being
deferred? You know, maybe these people are tired too. Do you have any
objections?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: Well, you see, the problem - that is what happens when you
schedule these things in the evening. Now, if you could schedule it earlier,
I would say your chances of being heard on time are better.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Okay, let me tell you, we had a very complicated agenda today,
with some items that took ten years to resolve, but I will guarantee you hot
I will move your item up as much as necessary to hear you as close to on time,
once we have rescheduled it. That has been the hallmark of my campaign and
administration. ,
164 January 23, 1986
Mr. Plummer: The best way to do that, if no one nas any objections, is to
sec it as the first item after the lunch break, which would be 2:00 o'clock.
Okay, I am asking - that is a date, that is a time certain.
Ms. Cooper: Excuse m , no. We need it 6:00 o'clock, because most of our
people work.
Mayor Suarez: Yes, I would think so.
Ms. Cooper: But, if we could have it definitely as the first item after you
finished whatever you are working on at 6:00 o'clock, that Mould help.
Mr. Plummer: That is fine. {
Mayor Suarez: Unless there was an incredible emergency, we will hear you at 1
the appointed Lima at 6:00 p.m., whenever it is reecneduled.
Mr. Plummer: That would be on the 27tn of February.
Mr. Rodriguez: May I say something? before you act? One of the counsel for
the opposition has just mentioned to me something that I think it is important
that it should be discussed and get an opinion from the legal counsel now
before you act. If his opinion is correct, I think that we have to do some-
thing else. He brings up the following - this is all because of new state
legislation, okay? The issue he has mentioned to me now is that because the
proposal that the applicant has is to put a parking structure on the back
portion of the property and because the comprehensive plan shows that a low
density residential, this proposal is not in conformance with the comprehen-
give plan, and because of that, we are under the Florida statutes that require
us to refer this to the B.C.A. for comments, and that process requires 90 days
of deferrals and so on, and I am...
Mayor Suarez: Is that effective one way or the other, depending upon whether _
we act on it today or not? I don't get it.
Mrs. Dougherty: What he is saying is, you cannot ac upon it tonight at all,
until you refer that to the D.C.A. for comment.
Mr. Plummer: Is that your opinion, Madam City Attorney?
Mrs. Dougherty: Were you considering whether or not to defer the item. anyway?
Mr. Plummer: No. We are asking you, is this matter based on the criteria as
put forth of the other counsel, does this require it being sent to the D.C.A.?
Mrs. Dougherty: It sounds like it does.
Mayor Suarez: Does it mean that we can-t act upon it while they have it?
Mr. Plummer: No, you can't, not until you notify them and have...
Mrs. Dougherty: It is the same process we did the last two items.
Mayor Suarez: No, but the law cannot mean that we have come to a standstill
just because they want to be kept up with our proposed changes in our compre-
hensive neighborhood plans.
Mrs. Dougherty: The law says that before you can take action on a zoning
request...
Mr. Plummer: ....things that are going to be denied, having just sent them
out?
Mayor Suarez: Yes, well, if that is what the law says, we had better go on
to one of our items that are left to be considered today, which has ro do with
legislative reform, because we cannot function that way. This Commission
cannot function that way, that is for sure.
(INAUDIBLE BACKGROUND COMMENTS)
165 January 23, 1986
................
_L.
Mayor Suarez: Maybe we ought to defer this item, and you ought to think about
that, because it realiy doesn't make much sense, understood that way.
Mrs. Dougherty: Mr. Mayor, could we at this time, get a resolution from you
all, to transmit the comprehensive plan amendments to the D.C.A.?
Mayor Suarez! To transmit what?
Mrs. Dougherty: To transmit the proposed changes to the D.C.A. at this time.
Mayor Suarez: Which proposed changes? The ones...?
Mrs. Dougherty: The ones that are proposed by the...
�...:._.
(INAUDIBLE BACKGROUND COMMENTS)
Ms. Cooper; Mr. Mayor, may I speak to that issue briefly? My understanding,
and I haven't recently reviewed it, but, my understanding is that the City is
!-
only permitted to submit changes in the comprehensive plan twice in a year,
and so, if this Commission decides to submit this proposed change in the
comprehensive plan to the D.C.A., then you will use up one of only two oppor-
tunities for this entire year, to submit such changes, and I am wondering if
before you decide to do that, you might want to hear the issue.
Mayor Suarez: Toe law cannot mean that, and if it does, believe me, we will
have to ask for a change as quickly as possible. This Commission cannot
function under those restraints. Yes, Sergio?
Mr. Rodriguez: My understanding of the law is that the Commission can only
change the comprehensive plan twice a year, not that we cannot transmit It
more than twice.
-
Mayor Suarez: Sure, we can transmit all we want, I presume.
Mr. Rodriguez: But, only twice a year you can consider changes to the plan.
And at that time, you can consider a lot of changes. Now, as to thr issue of
whether what I have been told is right or wrong, I understo_d that Mr. Fine
has a different opinion, and I think since he is the applicant, maybe you
should bear about this.
Mayor Suarez: Yes, please.
Mr. Ron Fine: Mr. Mayor, this is a use that is permitted under the code. The
statements that have been made here are incomplete, and do not apply to this
matter. It is a permitted use under the code.
Mr. Plummer: Madam City Attorney?
Mr. Dawkins: Everybody is earning their money!
Mr. Hubert Parsons; I would like to be heard on the matter.
Mayor Suarez: We will. Let me just see, because we have got a rather star-
tling expression of opinion here that has created a major caucus on my left.
Mr. Plummer: Tnat is what happens when you get too many high priced lawyers.
Mrs. Dougherty: Mr. Mayor, the Administration has to determine whether or not
this is a change in the comprehensive plan. If it is, it has to be transmit-
ted. If it isn't then it doesn't.
Mayor Suarez: Well, I don't have any problem with transmitting anything.
Does it mean we can't act on it.
Mrs. Dougherty: That is correct.
' Mr. Plummer! Yes, if you transmit it, you can't act.
Mayor Suarez: It makes absolutely no sense whatsoever!
Mr. Fine: Let me just be clear. This is not a change in the comprehensive
plan. It is a permitted use under the section of the code. If somebody will
take the time to go read the code, they will see it is a permitted use.
166 january 23, 1986
'A64
Mr. Parsons: Mr. Mayor, I would submit that tors is a change in the compre-
hensive plan, and I would like to be heard on the matter, lacer.
Mayor Suarez: You will definitely be heard on it. State your name, address,
and tell us your opinion.
Mr. Hubert R. Parsons: Mr. Mayor and Commissioners, my name is Hubert R.
Parsons, Jr. I am a lawyer. I speak here tonight as a citizen, and also as a
lawyer representing Ms. Eliza Weathers, who resides and owns property at 3340
McDonald Street. I believe that the applicant is confusing the issues of
zoning and the comprehensive Miami neighborhood master plan; which, if the
Planning Department will display it, and it is over there in its colored form
for the benefit of the Mayor and the Commission - the Commission will see
clearly that all of the portion of the property that is the subject racier,
and part of the variance which fronts on Florida Avenue, is part of the Low
density residential housing, which is being indicated there with someone's
finger, which is sought to be the parking structure. It is very clear that
that is not low density, residential. It is clear that under the growth
management legislation, which became effective throughout Florida on October
1st, that that therefore requires a transmittal to the D.C.A. in 90 days,
within which the D.C.A. can offer comments. It does, Mr. Mayor, unfortunate-
ly, afford the Commission, or county, whoever the zoning authority is, action
during that period of time. It would be wasteful of time, therefore, for this
item to be deferred. it should be transmitted to the D.C.A.; otherwise simply
more time is being eaten up. It is quite clear from the color coded - compre-
hensive neighborhood plan now in effect, that the portion of the property
indicated with a pen there on the overhead projection, is not low density
residential.
Mayor Suarez: How would you prejudiced, Ron, if the item is deferred? ...
because we really have to get our bearings straight, here?
Mr. Carollo: It is either going to be deferred, or I don't think there is
going to be enough members of the Commission here to vote on it.
Ms. Cooper: Mr. Mayor, may I...?
Mayor Suarez: I mean, that is what it is coming down to.
Ms. Cooper: May I suggest that, you were going to defer it anyway, because
of the late hour, and that between now and February 27th, when it would come
back, the appropriate people in the Law Department, Planning Department, Mr.
Fine, and myself could all get together and decide whether we think that it
f... ought to be referred to the D.C.A. I personally am not convinced of its
necessity.
Mr. Dawkins: Well, may I say this? What is wrong with deferring it to the
D.C.A., and in the event that it wasn't supposed to be deferred, so what?
But, if we wait for a month, and then we defer it, you still have to wait 90
days.
I
Ms. Cooper: I am not suggesting that we wait for a month before... on, you
need a resolution to send it, don't you? How about if we ask for a resolu-
tion, that if staff determines it is necessary to defer it.
Mayor Suarez: No, we are not. You are not going to get me to vote to trans-
mit any of this stuff to the D.C.A. at this point. There is just no way. We
will first... hell will freeze over before I vote for that!
Mr. Carollo: I'm going to make a motion to defer the item.
Mayor Suarez; We have a motion to defer. We are going to have to get our
bearings straight, and I would like a legal opinion. The implication of what
we were saying here, is that any zoning change... what kind of zoning change?
Ms. Dougherty: Comprehensive plan, not zoning change.
Ms. Cooper: Excuse me, could I just say something?
Mayor Suarez: Any change in the existing comprehensive plan would have to be
transmitted to them.
167 January 23, 1986
Mr. Carollo: Mr. Mayor, I move that we defer this item.
Mrs. Kennedy: I second that.
Mr. Plummer: Well, under discussion, for the saving of time. Are you saying
Chat if in fact, it is a determination by the Administration, that it should
be forwarded... not forwarded until this Commission meets again? Is that what
you are saying?
Mr. Rodriguez: May I say something? If you defer this to February 27tb, or
whatever, at the next Planning and Zoning meeting, in the meantime, if the
Administration makes an determination in conjunction with the Law Department,
that this should be deferred to the D.C.A., then we advertise. I mean, the
item that we have before you at that time will include the referral to D.C.A.
Instead of waiting for that day and then set up a meeting for him...
Mr. Plummer: That is what I am saying in the essence of time.
Mr. Fine: Let me tell you the risk to the City. The risk to the City is that
you are saying that any change of use in a residential district within the
City of Miami from now on is going to go to the D.C.A. It is absolute insani-
ty to do that.
Mrs. Dougherty: No.
Mrs. Kennedy; It is, really.
Mr. Plummer: It is worse than insanity!
Ms. Dougherty: It doesn't say change of use, it says change in the comprehen-
sive plan.
Ms. Cooper: There are many ocher uses. May I say something:
Mr. Carollo: I call the question.
�. Mayor thSuarez: We have a motion. It has been seconded. Let me just say one
thing at the Planning Department is going to have to on this particular item
reach a conclusion as to whether it does constitute a change in the comprehen-
sive neighborhood plan. In the meantime, for whatever it is worth, you may
ant to consider having the legislature review this whole procedure. It seems
like a clumsy way to do things and it seems like it takes away a lot of our
prerogatives. That is not to say I would vote necessarily for this thing, and
I rather suspect I wouldn't, but that...
Mr. Fine: It is going to stop schools from going into residential districts,
churches from going into residential districts.
Mr. Pierce: No, no.
IF`f Mr. Fine. You have 11 uses permitted. All of those are automatically
stopped.
Mayor Suarez: Well then, that relates to the question that they have got to
answer, which if this constitutes, or does not. If they advise that it does
not constitute a change in our comprehensive neighborhood plan, and we go
along with their opinion, we will not transmit it to D.C.A., or otherwise take
any further action. We have got a motion to defer. It has been seconded, and
unless I hear any more discussion from the Commission - Walter?
P; f
Mr. Pierce: Does that include a specific time, let's say, 6:00 p.m.?
Mr. Plummer: 6:00 p.m.
Mayor Suarez: Yes. We will hear it at exactly 6:00 p.m. at the next Planning
d Zoning meeting.
i
Mr. Plummer: Mas o means.
Mayor Suarez: Mas o menus, as Commissioner Plummer likes to say. Call the
roll, please.
168 January 23, 1986
5
MOTION TO CONTINUE.
UPON MOTION DULY MADE AND SECONDED, THIS ITEM
WAS CONTINUED To FEBRUARY 27TH PLANNING AND
ZONING MEETING AT 6:00 P.M. by the following
vote:
AYES: Commissioner Joe Carollo
Commissioner J. I. Plummer, Jr.
Commissioner Rosario Kennedy
vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Ms. Cooper: Mr. Mayor, one question. Could you please instruct Planning, or
Law Department, to notify us one week before the 27th of their decision as to
whether or not this matter will be heard substantively on the 27th, so we can
prepare.
Mayor Suarez: If they don't notify you one week before, I will notify you one
week before. Just call me, because I will know by then their opinion.
Ms. Cooper: Because, we don't want to go through the trouble of preparing
everything if it is merely going to be a referral. Thank you, very much.
50.A. SELECTION SPARSER, SREVIN, SHAPO, HEILBRONNER (ALSO ARTHUR TEELE AND
P£DRO ROIL) AS LOBBYISTS.
B. SELECT MARILYN REED AS ENVIRONMENTAL LOBBYIST.
C. AGREEMENT WITH LOBBYISTS.
Mayor Suarez: We are on item 31 - discussion regarding preparation for 1986
state legislative session.
Mrs. Kennedy: Mr. Mayor, we will be taking about issues in the next few
months. I think that right now, if we could talk first about who will repre-
sent us, and why, if we could break it up, I really would like to do that.
Mayor Suarez: Now I know what this has to do with! I was wondering why it
would be at all important for us to discuss the 1986 legislative session. You
are. talking about lobbyists.
Mrs. Kennedy: Lobbyists.
Mayor Suarez: Well.
Mrs. Kennedy: Those funny little creatures. I have often heard my colleague
Miller Dawkins talk about how it disturbs him to see token Blacks given token
participation in a company that is bidding for a City contract, but I, too,
feel the same way about Cubans. I think that we should have qualified Cubans,
with qualified Blacks, working together with qualified Anglos, in doing the
City's work, and anything other than that is hypocritical and lacks substance.
That is why I would like to propose the firm of Sparber, Shevin, Shapo and
Heilbronner to handle the City's lobbying account. First, let me say that the
firm headed by the former attorney general, Bob Shevin; and by Governor Bob
Graham; former chief of staff, Ron Brooks; is clearly one of the most presti-
gious and leading firms in this community, one that has considerable clout in
Tallahassee. To that, we had the presence of the former administrator of the
Urban Mass Transportation Administration for the United States Department of
Transportation, Mr. Art Teele. He certainly is not a token Black. His
presence in this endeavor is a direct communication line to federal officials
In Washington. To that, we add the presence of Dr. Pedro Roig, a well known
educator in this community, and author of several books. I would like to
point out that Mr. Haig was my campaign manager and he certainly brings much
more than that into this group. He, too, brings considerable lobbying experi-
ence in Washington in behalf of the Cuban -American National Foundation. His +^.
169 January 23, 1986
presence In this team will strengthen the Cicy-s representation, both in
Tallahassee and _n Washington. I think that their combined efforts prove what
I have been saying throughout my campaign, that in this community, we can all
work together, and that is why I move the nomination of the firm of Sperber,
Shevin, Shapo and Heilbronner.
Mr. Dawkins: Second
Mr. Carollo: Okay, now, discussion. We have to talk dollars and cents. Now,
it is my understanding - let me ask the from the legal department, that they
have been providing legal services last year for the City. What is the total
amount of dollars that we have spent in legal services with them, and not
having to do with the regular lobbyists that we have had?
Mrs. Dougherty: it is my understanding that the City has spent $85,000 for
their services in connection with efforts with the downtown D.R.I., the
Rayside agreement, things like that.
Mr. Carollo: I would be willing to make a motion - I think the request and
the proposal to the Manager, just for the strict lobbying, was $120,000.
Correct, Mr. Manager?
Mr. Odic: Yes, sir.
Mr. Carollo: Whdt I would be willing to do is, if they can combine both the
other type of work, such as the ones that have been described now that the
City might want them to do this new fiscal year, starting from now on, togeth-
er with the lobbying, which we will save a considerable amount, I would be
willing to go if the maker of the motion would specify that to go with
$140,000, to include both.
Mr. Dawkins: Still under discussion, Mr. Odic, does that $120,000 including
the lobbying fee for Marilyn Reed, or dots it exclude it?
Mr. Odio: That would exclude it.
�. Mr. Dawkins: Okay, no further questions.
Mr. Carollo: Is that all right with the maker of the motion?
Mrs. Kennedy: It does. Is that acceptable to...
Mr. Ronald Brooks: For the record, my name is Ronald Brooks, from the firm of
Sparber, Shevin, Shapo and Heilbronner 6 Brooks, 1 S.E. 3rd Avenue, Miami, and
Mr. Carollo, and members of the Commission, Mr. Mayor - yes, it is.
Mr. Carollo: ON.
Mayor Suarez: Now, if I get the drift of what you are saying, Commissioner, I
tend to agree with you, that we somehow would combine the existing services
being performed by the law firm, with the lobbying effort?
Mr. Carollo: That is correct.
Mayor Suarez: What is the dollar figure on all of this now?
Mr. Carollo: Well, just . I am paying them for those types of legal service
they were doing. As described by the City Attorney, we paid them $85,000 last
year, or last fiscal year. Then, on top of that, we spent what...? about
$120,000, or something like that, or $100,000 on lobbyists, so we are combin-
ing both for $140,000. In other words, we are combining almost $200,000 for
$140,000.
Mayor Suarez: With all due respects to the law firm and to the individuals i
question, I was talking to the U.M.T.A. people in Washington, D.C. They
didn't say anything about Art Teele, except to send their regards. I'm just
kidding about that! Actually, what I want to know is - I have been here two
and one-half months on this Commission. I have not gotten any reports on any
item being pursued, followed, monitored, in any respect being supervised, or
promoted by under the pending contract, and what do we get for this money,
now?
170 January 23, 1986
a ,
Mr. odio: Well, Mr. Mayor, let me mention one item We got last year. we got
$500,]00 for the Miss Universe pageant, thanks to the efforts of Ron Brooks,
and the other lobbyists we had in Tallahassee.
Mayor Suarez: A lot of people are claiming credit for ga rting that money!
Mr. Odio: Well, but I know how it happened.
Mrs. Kennedy: And he was not even part of the lobbyists there.
Mr. Odio: But, he did it on his own, but the lobbyists in Tallahassee is very
important to the City efforts to maintain our funding in some areas, and we
really do need them.
Ms. Pauline Winnick: Mr. Mayor, may I add too, that we are coming to the
season when Tallahassee starts to get active in committee meetings, which is
why it is critical that we get people who are lobbying at this time, and as we
prepare in the session in particular, which is in April and May, so I think
You will see the bulk of the activity, starting in January and culminating
towards the end of June.
Mayor Suarez: Do you have an office in Tallahassee? Who will be residing in
Tallahassee as our past lobbyists have done during the legislative session?
Mr. Brooks: Mr. Mayor and members of the Commission, I will be there almost
all of March, all of April, all of May...
Mayor Suarez: Do you promise not to be in Miami for those two months? That
is getting more interesting now!
Mr. Brooks: I promise to only to be here on Friday, Saturday, and Sunday. We
have two other lawyer lobbyists that are in that office full time, year
around, and they will be manning the office and monitoring City activities and
City issues during the other periods of the year.
Mayor Suarez: Who are those attorneys, Rch?
iMr. Brooks! Those attorneys are Gary Rutledge, a 10 year lawyer, former
secretary of the Department of Business Regulation, former director of the
Division of Paramutual Wagering; Mike Coniglio, former assistant controller,
an 8 year lawyer, lobbyist, responsible, for the controller's lobbying activi—
ties during his tenure with the controller's staff. If I could, Mr. Mayor,
in addition to that, Mr. Teele will be spending time in Tallahassee during the
session. We use other lawyers, as you will see, to
throughout the session, depending upon the sensitivity, depending upon the
specialty of the matter, we use other lawyers from our firm, whether it is Bob
Shevin, whether it is Art Teals, whether it is Skip Bufalis — we use the
entire crew of people that we have available to us, which is what I think
brings a unique feature to the City into the lobbying.
Mayor Suarez: I have to tell you that, and I will be very frank about this,
and very blunt, I have talked to a lot of people who are concerned about this,
and would like to see the most effective lobbyists that we could possibly
have. I have heard names of people like the existing lobbyists for the City,
Rick Sisser and Rick Katz and with all due respect to the law firm, I have not
heard anyone make any reference to any of the very worthy lawyers in the law
firm of Sparber, Shevin, in connection with your influence on our legislators.
Now, I am generally not disposed to go along with the idea of spending all
this money on lobbyists anyhow, and I am probably going to vote against this,
but I just have to tell you that, and maybe you would do well to reconsider
bringing some of these people into your group of lobbyists, because you need
to have people that really move some of those legislators, not just technical—
ly competent lawyers, and I know you have them. We are not talking here about
following legislation per se, or even monitoring it. We are talking about the
whole gamut of services, and that means to influence the legislature.
Mrs. Kennedy; Mr. Mayor, I empathize with what you just said. During my
campaign, I also said that I would was willing to go back and forth to Talla—
hassee, to Washington, and help any way I could. However, we are not profes—
sional lobbyists and I think that we really have to hire somebody to represent
us and in addition to that, we should all go every time we are needed.
171 January 23, 1986
Mr. Carollo: Absolutely!
Mayor Suarez: We have a motion and a second.
Mr. Carollo: That is correct.
Mayor Suarez: What is the total compensation, now?
Ms. Winnick: $140,000.
Mr. Carollo: $140,000, to include some of the other legal types of work that
they were doing before, as described to the City Attorney.
Mayor Suarez: I am going to get my money's worth out of you guys, that is all
that I can tell you, if this item passes.
Mr. Dawkins: You won-t have no time to raise no money for Bob Graham.
Mayor Suarez: Any further discussion from the Commission? Call the roll.
The following motion was introduced by Commissioner Kennedy, who moved
its adoption:
MOTION NO. 86-65
A MOTION SELECTING THE FIRM OF SPARBER, SHEVIN, SHAPO
S HEILBRONNER, P.A., MR. ARTHUR TEELE, AND MR. PEDRO
ROIG AS LOBBYISTS FOR THE CITY OF MIAMI FOR STATE AND
FEDERAL ISSUES DURING 1986; FURTHER AUTHORIZING THE
CITY MANAGER TO ALLOCATE $140,000 TO SAID FIRM TO
COVER BOTH LOBBYING EFFORTS AND REGULAR LEGAL ADVICE
FOR THE NEXT YEAR.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Rosdrio Kennedy
vice -Mayor Miller J. Dawkins
NOES: Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
ABSENT: None.
Mr. Dawkins: On the same way, I move that we rehire the services of Marilyn
Reed to lobby our environmental issues, and to deal with everything in the
environment.
Mr. Carollo: What is the amount of that?
Mr. Dawkins: What did she get last year?
Mr. Plummer: $29,000.
Ms. Winnick: Including fees and expenses, $28,000.
Mr. Carollo: Well, what is just the fee?
Ms. Winnick: Last year was $19,000.
Mr. Plummer: Hold on. I don't think you are in the same ball park when you
call Marilyn a lobbyist. I would more refer to her as a consultant. She does
not go up and prevail upon people other than the D.E.R., the DERM, Business
Regulations, and I really think it is unfair to put her in the same category
as a lobbyist. She does an excellent job in what she does for this City and
keeps our rights protected as it relates to the coastal matters, any environ-
mental matters, and I have to tell you that I think that she is really is
worth the money that we pay her, and if that motion is not seconded, I will.
Mr. Dawkins: J. L., a rose by any other name will smell just as sweet!
172 January Z3, 1986
Mr. Carollo: Second, it we can spell out exact compensation plus expanses.
Mr. Plummer: Same as last year - $29,000.
Ms. Wirnick; Same as last year?
Mr. Dawkins: $29,000, maximum.
Mr. Plummer: What is it?
Ms. Winnick: $18,000.
Mr. Dawkins: Well, she didn't... but, she turned some of that beck. Are you
speaking on this motion?
Ms. Marilyn Reed: Speaking as your lobbyist, probably.
Mrs. Kennedy: As J. L•, would say.,.
Mr. Ron Brooks: If I could address, Mayor.
Mayor Suarez: If this will save us money, we are interested.
Mr. Brooks: Mr. Mayor, I am not sure it is going to save any money. I would
just like to say, I have been in Tallahassee for a long time, I think as the
majority of you know, and I spend a lot of time in the halls, and with all due
respect, Commissioner, I look at Marilyn Reed as a very effective lobbyist for
the City on environmental issues, and I can tell you that we more than look
forward to the opportunity of having her working on those issues and helping
coordinate the City's efforts up there.
Mrs. Kennedy: We have a motion.
Mayor Suarez: We have a motion, do we have a second?
.. Mrs. Kennedy: Yes.
Mayor Suarez: It has been seconded. Any further discussion from the Commis-
sion? I am just going to vote consistently to not pay additional monies to
lobbyists until I am convinced that we absolutely need them. Call the roil.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO, 86-66
A MOTION SELECTING MARILYN REED AS CONSULTANT/LOBBYIST
ON ENVIRONMENTAL ISSUES DURING THE 1986 STATE LEGISLA-
TIVE SESSION; FURTHER ALLOCATING AN AMOUNT NOT TO
EXCEED $28,000 AS COMPENSATION FOR HER SERVICES.
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
NOES: Mayor Xavier L. Suarez
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: "Yes", and I am going to go with the Mayor when the legislature
opens to show him how badly they are needed in Tallahassee.
Mayor Suarez: "No". As long as you pay my meals, I will go with you - and my
room and board!
173 January 23, 1986
l
Mrs. Dougherty: Mr. Mayor, we need a resolution authorizing the City Manager
to negotiate and enter into a contract with the lobbyists.
Mr. Carollo: So moved.
Mayor Suarez: You are going to give us the form of that, is that what you are
saying?
Mrs. Dougherty; This is a resolution authorizing the City Manager to negoti-
ate and enter into a contract with the lobbyists in behalf of the City.
Mayor Suarez: You are saying that to complete that, we have to pass that
resolution now?
Mrs. Dougherty: Yes, otherwise - he needs the authorization to negotiate and
enter into a contract on behalf of the City.
Mr. Dawkins: So moved!
Mayor Suarez: I certainly would have thought that was implicit in that, what
we just did.
Mr. Dawkins: So moved.
Mayor Suarez: It has been moved. Do we have a second?
Mr. Carollo: Yes, second.
Mayor Suarez: It has been seconded. Hearing no further discussion from the
Commission, call the roll.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 86-67
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE LAW FIRM OF SPARSER, SHEVIN, SHAPO
AND HEILBRONNER, P.A. AND WITH MARILYN REED TO PROVIDE
LEGISLATIVE LIAISON SERVICES.
(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.
Mayor Suarez: I guess if we passed the other one, we have to pass this one.
174 January 23, 1986
51. REAPPOINT GERALD SILVERMAN TO CIVIL SERVICE BOARD.
Mr, Plummer: I need item 43. Mr. Mayor, that is a civil service appointment.
I appoint Mr. Gerry Silverman as my appointment.
Mrs. Kennedy: How many?
Mr. Plummer: I think there is three, right?
Mr. Dawkins: Yes, there are three. Go ahead. I am going to appoint George
Adams, and Mrs. Kennedy, you are going to get who?
Mrs. Kennedy: I don't have an appointment and was just going to say that
since I served under Gerry Silverman, I Will support him. Second your motion,
but don't think I have an appointment.
Mayor Suarez: Who has the other appointment?
Mr. Carollo: I guess that must be me. No, I don't have an appointment. -.
Mrs. Kennedy: .._ _. _.__, _ .or appointments!
Mayor Suarez: Let's postpone the last one, because I want to make sure that
if I have one, I got a right to do it.
Ms. Judy Carter: There are no specific terms.
Mayor Suarez: We don't specifically...
Ms. Carter: There are no specific terms. It is all up to what the Commission
wants to do. It is clear that Mr. Plummer and Mr. Dawkins did have their
turn; however, the remaining appointments would be among each of you, as far
as who you would like to determine to have that :t appointment.
Mayor Suarez: Well, we have got two nominated, so we can vote on those Ewe,
and I don't know about the quorum situation.
Mr. Carollo: Oh no, this is the civil service board. We only have five
people on Civil Service Board on the Commission.
Mr. Plummer: Two are elected from the employees.
Mr. Carollo: Right. The Commission has three appointments.
Mr. Plummer: Correct, sir.
Mr. Carollo: Well, who are the people whose terms are up right now?
Mr. Plummer: Gerry Silverman and Mrs. Hadley.
Mrs. Kennedy: Ella Hadley.
i
Mr. Carollo: Mrs. Hadley. Okay, well, I nominate Mrs. Hadley again.
Mr. Dawkins: I nominate George Adams.
Mr. Plummer: And I nominate Gerry Silverman.
Ms. Carter: So, that is three. If that's what you want.
Mayor Suarez: We have three nominations. We have noc established the proce-
dure for voting on these
Mr. Plummer: They have got to have a quorum, that is the problem!
Mayor Suarez: They have to have a quorum so they can function.
175 January 23, 1986
Fy .
Mr. Carollo: Well, I would be happy to defer it, Xavier. I have no problems
with that.
Mayor Suarez: Well, I want them to be able to function.
Ms. Carter: If you cannot choose three, at least give me two, in order that
they may function. I cannot function with two members. I cannot, and right
now I only have two.
Mr. Carollo: If you got two, you are going to get three today.
Mr. Plummer: Well, let me ask this question, because if you have the two
employees, and I am not pushing my man, but does anybody have an objection to
Gerry Silverman? At least that will give them a quorum.
Mrs. Kennedy: Gerry Silverman is the chairman at this moment. He has been for
a long time.
Mayor Suarez: Why don't we make that into a motion and a second on Gerry
Silverman?
Mrs. Kennedy: Sure, I will second that.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 86-68
A RESOLUTION APPOINTING THREE MEMBERS TO THE CIVIL
SERVICE BOARD OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: 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: You have got one more.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I am sorry, go ahead Commissioner, do you want to...
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Carollo: Is she the one that vacated, or...?
Mayor Suarez: Why don't we postpone Mrs. Hadley until we know if she even
wants it, and vote on George Adams.
Mr. Dawkins: I don't care what you do.
Mr. Carollo: ON, well then ...
Mayor Suarez: I doubt that I will be voting for her either, to tell you the
truth. Do we have a motion on either one of them? We can defer them?
Mr. Carollo: No problem.
Mayor Suarez: All right, well you have got a quorum.
176 January 23, 1986
52. READVERTISE FOR VACANCIES IN ZONING BOARD.
Mr. Plummer: Mr. Mayor on agenda item 44, the only board appointment there is
mine, and I would like to reopen it so that Mr. George Barker can apply for
the Zoning Board.
Mr. Perez-Lugones: Mr. Plummer, in that case, you are instructing the City
Clerk to readvertise.
Mr. Plummer: I am so instructing the City Clerk to reopen it by motion, and I
so move.
Mayor Suarez: Which George Barker is that?
Mr. Plummer: The attorney. You know him? You know George.
Mayor Suarez: Yes, sure.
Mrs. Kennedy: Second.
Mr. Plummer; Call Gn, roil.
Mayor Suarez: George Barket has been nominated and seconded.
Mr. Plummer: No, excuse me, sir. I can't do that! It is to reopen.
Mayor Suarez: We have to reopen first.
Mr. Plummer: Reopen, so he can apply.
Mr. Carollo: So he can apply for it, right?
Mr. Dawkins: What are we on now?
Mayor Suarez: Item 44.
Mr. Carollo: Okay, well, let's reopen the Planning Board too, since we are at
it.
Mrs. Kennedy: Well, the Planning Board, I have an appointment, and I don't
know why it didn't go through the last time, and I would like to nominate that
person.
Mr. Carollo: I would like to open it up one more time.
Mayor Suarez: We are voting on 44 to reopen. We have a move. Do we have a
second on 44?
Ms. Hirai: Yes, sir, we do.
Mayor Suarez: Any discussion on voting on that item, which has to do with the
Zoning Board?
Mrs. Kennedy: I had nominated Ray Asmar, and I don't know what happened that
this thing is back on the agenda, as number 45. Do you remember that, last
time, Madam City Clerk?
Ms. Hirai: We will find out. Can we call the roll on 44?
Mayor Suarez: Let's call the roll on item 44.
177 January 23, 1986
The following motion was introduced by Commissioner Plummer, who moved
Ica adoption:
MOTION NO. 86-69
A MOTION AUTHORIZING AND DIRECTING THE CITY CLERK TO
READVERTISE AND OPEN UP RECEIPT OF APPLICATIONS IN
CONNECTION WITH PRESENTLY EXISTING VACANCY IN THE CITY
OF MIAMI ZONING BOARD.
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.
Mr. Carollo: Ok who are we appointing?
Mayor Suarez: George Barket to the Zoning Board.
Mr. Plummer: No, you are opening up the position.
Mayor Suarez: I mean, reopening...
Ms. Hirai: No, no. We are just advertising again.
Mr. Plummer: It's lace.
Mr. Carollo: This is late guys.
53. APPOINT RAYMOND ASMAR AND ELADIO ARMESTO TO PLANNING ADVISORY BOARD;
READVERTISE FOR VACANCY PENDING.
Mr. Plummer: All right, now we are on item 45.
Mr. Carollo: We are going to reopen 45 also.
Mayor Suarez: Reflect my Vote as yes, on the reopening.
Mrs. Kennedy: How can we reopen it, if I had an appointment that I nominated
the last time?
Mr. Plummer: Is Pat Kolski Carollo's appointment?
Mr. Carollo: Was.
Mr. Perez-lugonez: Pat Kolski is Carollo"s appointment.
Mr. Plummer: All right, what we can do is nominate the other two, and then,
reopen for Pat. I nominate Armesto to reserve. Rosario, do you want to...
Mrs. Kennedy: Yes, I do want to nominate Ray Asmar.
Mr. Carollo: Okay, second on both of those. Call the roll.
Mr. Plummer: He is on there - Ray Asmar.
Mayor Suarez: Raymond D. Asmar.
Mr. Dawkins: Raymond D. Asmar.
178 January 23, 1986
The following resolution was introduced by Commissioner Plummer,
who
moved its adoption:
RESOLUTION NO. 86-70
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS TO SERVE
AS REGULAR MEMBERS OF THE PLANNING ADVISORY BOARD OF
THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: 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. Carollo: Now, I would like to open up...
Mr. Plummer: Open up the remaining vacancy. I second the motion.
Mayor Suarez: Now, whose vacancy is that?
Mr. Plummer: Carollo's.
Mr. Carollo: Right.
Mr. Plummer: We have two vacancies now to address - one on the Zoning Board,
which is mine; I have already indicated George Barket. Joe wiil nominate
for
the Planning Board. That is it.
54. ACCEPT FEDERAL HISTORIC PRESERVATION GRANT $15,000 FROM STATE.
Mr. Odio: Item 41. If we don't do it, then we are losing money.
Mayor Suarez: Item 41 is just the acceptance of a $15,000?
Mr. Dawkins: Yes, $15,000.
Mr. Carollo: Second.
Mr. Odin: $15,000 - $15,000 grant.
Mayor Suarez: It has been moved and seconded. Any further discussion?
The following resolution was introduced by Commissioner Dawkins,
who
moved its adoption:
RESOLUTION NO. 86-71
A RESOLUTION ACCEPTING A FEDERAL HISTORIC PRESERVATION
GRANT-IN-AID IN THE AMOUNT OF $15,000 AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT
WITH THE FLORIDA DEPARTMENT OF STATE, DIVISION OF
ARCHIVES, HISTORY AND RECORDS MANAGEMENT, FOR THE CITY
TO PROVIDE HISTORIC PRESERVATION SERVICES IN CONNEC-
TION WITH SAID GRANT-IN-AID.
(Here follows body of resolution, omitted here and on
" file in the Office of the City Clerk.)
179 January 23, 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
Vice -Mayor Miller J. Dawkins
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
55. ACQUISITION OF 6 PARCELS IN BLOCKS 44 AND 57 OF SOUTHEAST OVERTOWN/PARK
WEST PROJECT AREA.
Mr. Dawkins: We have got to have item 42, if you are going to have the arena.
Mr. Carollo: Moved.
Mr. Dawkins: Second,
Mayor Suarez: It has been moved and seconded. Any further discussion from the
Commission? Call the roll.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 86-72
A RESOLUTION AUTHORIZING THE CITY MANAGER TO INITIATE
_;. THE ACQUISITION OF THE 6 PARCELS IN BLOCKS 44 AND 57
OF THE SOUTHEAST OVERTOWN/PARK WEST PROJECT AREA; AND
REQUESTING THAT DADE COUNTY INITIATE CONDEMNATION
PROCEEDINGS IN THE NAME OF THE CITY FOR THOSE PROPER-
TIES THAT CANNOT BE ACQUIRED BY PURCHASE.
(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.
----------------------------
------------------
56. DISCUSSION OF LABOR NEGOTIATIONS•
Mr. Plummet: Mr. Mayor, you had asked the Administration for an updating on
labor negotiations.
Mayor Suarez: I sure had.
Mr. Odio: Sir, for your information, we gave an offer to the police union on
January 2, 1986, and they have never replied to that offer, so we are waiting "
for them to come back to us, to see whether that offer was acceptable or not.
180 January 21, 1986
Mr. Plummer: you gave them an offer when?
Mr. Odic: January 2,nd of this year, and they have not replied,
Mr. Plummer: What about the Fire Department?
Mr. Odio: The same thing. They have an offer. They have not...
Mayer Suarez: They have talked to a special master, have they not?
Mr. Plummer: The Fire Department has.
Mr. Odio: They have asked for a delay. They were going to a special master
on January 14, and they had asked for a delay of a month.
Mayor Suarez: Dick, as I stated to you privately, and I will state to you
publicly, I am ready to, myself, to act on all or any part of the package that
we have proposed and take it item by item, and if not, to proposewhole new
package that affects the Police Department. I don't think thCity Police
Department should be functioning without a u ontract, and I think that is more
critical than any other negotiation, and wehave made an offer to the sanita-
tion workers to increase their pay, so, I don't know - we haven't heard from
them either!
Mr. Odle! Well, the sanitation workers are waiting for us to conclude negoti-
ations with both the police and fire.
Mayor Suarez: Well, if you all want to work together and continue to function
together, that is up to you.
Mr. Mayor Suarez, I just stopped to say that we applaud that, and
that we do want to work on the contract, and we are more than willing - we are
here and available, whenever.
Mayor Suarez: All right,
Mr. Odio: Well, if you are so willing to do that, sir, why don't you bring an
offer back to the table to us, so that we can conclude negotiations.
Mr. The last time we went to the negotiations table, we were
made an offer. The offer wasn't acceptable to us. We asked if they would
like to counteroffer, and we were told "no".
Mayor Suarez: Nobody ever loses anything by counter -offering, so I mean, it
is
Mr. Odin: That is not quite correct, and I would like for Dean Mielke to
address what he has said there, if you would.
Mayor Suarez: Dean.
Mr. Dean Mielke: Well, we did make an offer to them. in negotiations I'm
trying to think how to say .this, I think I stated in negotiations, when you
make somebody a money offer, and they say it is not acceptable, you don't bid
against yourself by throwing out another quarter, and so, what we are saying
is, you just don't get to say, "That is not good enough, put more money in".
They have got to come back and say "Hey, we are rally serious here is what we
are willing to do," and that is really where we are standing with them. We
put hard money on the table.
Mr. Plummer: Well, the question is, do you want them to make a counter
offer?
Mr. Mielke: We have been sitting her since April, trying to get that.
Mr. Plummer: He said they asked if they should make a counteroffer and the
answer was "no." You are standing here saying you want a counteroffer. No
-. wonder it is stalemate.
Mayor Suarez: Yes, what if somebody counter -offered someone else, I mean, you
never lose anything by that!
I
191 January 23, 1986
Mr. Mielke: You are absolutely right, and we would be happy to listen to
Anything they have to say. We have got hard money on the table, and we have
had hard money on the table.
Mayor Suarez: All right, thank you for the status report.
Mr. Plummer: Well, we are expecting the Police Department to come back with a
counteroffer, right?
Mr. Odio: That is correct, sir.
We will.
Mr, Plummer: So be it.
Mr. Dawkins: Well, hurry up so we can at least get this show on the road! You
can't negotiate with only one set of rules.
THERE BEING NO FORTNER BUSINESS TO COME BEFORE THE CITY COMMISSION,
MEETING WAS ADJOURNED AT 9:28 P.N. THE
Xavier L. Suarez
M A Y O R
ATTEST:
Natty Hirai
CITY CLERK
182 Jenne
C17Y OF riCI EMI
DOCUMENT
��SY GF�i
i
O •ew. o•.na MEETING DATE
u u
co
JANt,nR°t 23, 1986
—1 NDEX
DOCLMDJT IDENTIFICATION ICOWISSION _ RETFIEVAI
GRANT A PERMIT TO SELL BEER/WINIS i-OR THRP:E
DAYS IN CONNECT H ON WI'FII TI: MIAMI WINTI P
GAMES BY THI: P REOUEST ORUNNERS INTP:RNATIONAI.
INC. AND MIAMI RUCBY l°'OOT13ALL, INC. (RUNNf,,RS
I NTERNAI'IONAL, INC. I'EiHKUARY 1 AND 9, 1986;
AT IILORIDA EAST CAST K7% .WAY PROPIRT,',
AND MLAMI RLIG L3Y i'00'1 L BA1,L CUB, L,IC. UN 11{1,-
RUARY 8, 1986, AT GRAPELAND PARK.
GRANT THE APPROVAL OP ONE OUT DOOR ADVER-
'PISING SIN GN AT 135, NORTHWEST 42ND AVENUE;
ETC....
APPROVE THE INS T'ALLAIION OE DRIVE-IN i'F.CiLI-
TIES AT THE MCDONALD'S RESTAURANT (14,,0
SOUTHWEST EIGHT STREET].
APPROVE THE INSTALLATION 01 DRIVE-IN FACILI-
TIES AT THE TRUS'P BANK (1000 WEST FLAGLER
STREET).
APPROVE REDUCTION OF RESERVOIR SPACES TO
A REQUIRED MINIMUM OF 7 RESERVOIR SPACES
F'OR DRIVE-IN FACILITIES AT THE TRUST BANK
(4000 WEST FLAGLER STREET); ETC...
ACCEPT PLAT: "AMERICAN DREAM" AND THE DEDICA-
TION SHOWN ON SAID PLAT.
RESCIND 21 MEMBER CITYWIDE ADVISORY BOARD
FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
(RESOLUTION 82-560, JUNE 7, 1482) AND CREATE
13 MEMBER CITYWIDE ADVISORY BOARD FOR COM-
MUNITY DEVELOPMENT BLOCK GRANT PROGRAM;
ETC....
APPOLNT: MARIANO CRUZ, ALLAPATTAH COMMUNITY
DEVELOPMENT TARGET AREA; PRANKY ROLLE, COCO-
NUT GROVE COMMUNITY DEVELOPMENT TARGET AREA;
SACK RUPEE' DOWNTOWN COMMUNITY DEVELOPMENT
TARGET AREA; SANDY HALL, EDISON LITTLE RIVER
COMMUNITY DEV. TARGET AREA; JOSE VILLALOBOS,
LITTLE. HAVANA COMM. DEV. TARGET AREA; TO
THE 13-MEMBER CITYWIDE GOMM, DEV. ADVISORY
BOARD, (RESOLUTION 86-47, - JANUARY 23,
1986.
�� A
IN
86-', '1
86-39
86-40
86-41
36-43
86-48
,.DOCUMENmINDEX
CONTINUED
DOCUMENT IDENTIFICATION COMMISSION RETRIEVAL
ACTION AND CODE NO.
AUTHORIZE TO EXECUTE A USE AGREEMENT WITH
UNITED STATES YACHT RACING UNION TO ESTAB-
LISH TRAINING SITE FOR OLIMPIC SAILING
TEANS AT KEN'NBEY PARK;($ 100, 000. FROM MA-
RINAS INTERPRISE FOR 511)RTLLNE/f70CKING
RESTORATION IN CONNECTION WITH SAID TRAINING
SITF..
APPROVE REQUEST OF SOUTIi 1'1,ORII]A CHAI'T'FJ1
OF LEUKEMIA SOCIETY OP AMERICA, IHC. '['U
CONDUCT A CARNIVAL AT 'TIIF I'LAGLF,R €CENNIra,
CLUB; ETC....
ALLOCATE $20, 000. FOR 'THE PURCHASE OF BASE
STATION RADIO EQUIPMENT
TION OF A SNIOR CITIZENS ALERT NERWORK
FOR THE UMPLEMENPA-
(S.C.A.N.).
ALLOW THE STAGING OF PYR0 TECHNIC DISPLAYS
IN DOWNTOWN MIAMI UNTIL 12:00 MIDNIGHT
ON FEBRUARY 7, 1986 AND AT VIZCAYA MUSEUM
UNTIL 12:00 MIDNIGHT ON I'E13RUARY 14, L986
FOR MIAMI 1'ILM FESTIVAL.
RESCIND RESOLUTION 84-44 WICH PROVIDED
F`OR THE ANNUAL SELECTION OF NLKS PAPERS
IN WICH CITY ADVERTISEMENTS OF PUBLIC NO-
TICES ARE PUBLISHED_
ENDORS/SUPPORT EFFORTS TO BRING THE NATIONAL,
CONFERENCE. OF BLACK MAYORS TO THE CITY
OF MIAMI FOR APRIL 1987 MEETING.
TRANSMIT AMENDMENTS TO THE MIAMI COMPREHEN-
SIVE NEIGHBORHOOD PLAN 1976-1986 FOR CERTAIN
PROPERTIES IN THE "S.W. 27th AVENUE - A
GATEWAY COCONUT GROVE: A PLANNING STUDY
OF DEVELOPMENT AND TRAFFIC IMPACTS
ADOPT EVALUATION AND APPRAISAL RE ?PORT AND
TRANSMIT THE, MIAMI COMPREHENSIVE; NEIGHBOR-
HOOD PLAN (SEPTEMBER 1985) AND THE AP-
PRAISAL REPORT/CURRENT CAPITAL IMPROVEMENT
PROGRAM TO THE FLORIDA DEPARTMENT OF CO-
86-49
Y(-)0
86-55
86-56
86-58
86-60
86-63
86-b4
D0CUNIENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
COMN,ISSION RETRIEVAL
ACTION AND CODE NO.
AUTHORIZE 'I'O EXECUTE AN AGREFMENT WITH
56-67
LAW FIRM OM' SPARSER, SIIRVIN, SHAPO, I1EIL-
BRONNE.R AND BOOK, P.A. AND WITH MARII,YN'
REED TO PROVIDE LEGISLATIVE LIASON SERVICES.
APPOINT: GERALD SILVERMAN, TO THE' CIVIL,
SERVICE BOARD OD THE CITY OF MIAMI.
APPOINT: D DO RAYMONG. ASMAR, AND EI.AIARMES-
TO-GARCIA TO SERVE. AS HEUULAR MLMBLSRS UI
THE PLANNING ADVISORY BOARD OF THE CITY
OF MIAMI.
ACCEPT A FE, DERAL HISTORIC PRESERVATION
GRANT - IN - AID ($15,000.) AND EXECUTE
THE AGREEMENT WITH THE F'LORIDA DEPARTMENT
OR STATE I'OR THE CITY 'IO PROVIDE HISTORIC
PRESERVATION SERVICES; ETC-. .
AUTHORIZE TO INITIATE THE ACQUISITION OF
6 PARCELS IN BLOCKS 44 AND 57 SOUTHEAST
OVERTOWN/PARK WEST PROJECT AREA; ETC .....