HomeMy WebLinkAboutCC 1985-11-26 MinutesCITY OF MIAMI
1KCOli}'MORA E1)
18 R 96
OF
MEETING
HELD
ON
NOVEMBER
26,
1985
(PLANNING
&
ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
MATTY HIRAI
City Clerk
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
NOVEMBER 26, 1985
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
I.
GUIDELINES FOR SELECTION OF CITY
DISCUSSIONS
I.
MANAGER SET FOR AFTERNOON.
11/26/85
2.
PRESENTATION OF PROCLAMATION TO
PRESENTED
2.
VICTORIA MAURICE, "MISS AMERICA
11/26/85
LATINA."
3.
DISCUSSION: JUDICIAL COUNCIL OF THE
DISCUSSION
2.
NATIONAL BAR ASSOCIATION.
11/26/85
4.
MISCELLANEOUS DISCUSSION: COMMEND
DISCUSSION
2.
HOST COMMITTEE RE: MISS UNIVERSE
11/26/85
PAGEANT: ASIA CONVENTION 89; REPORT
ON TRIP TO ROME.
5.
DISCUSSION OF APPOINTMENT OF VICE
DISCUSSION
3.
MAYOR- SEE LATER R-85-110.
11/26/85
6.
ALLOCATE $2,500 FOR RENT OF COCONUT
R-85-1108
4-5
GROVE EXHIBITION CENTER BY SOUTH
11/26/85
FLORIDA BOY SCOUTS OF AMERICA,
SOUTH FLORIDA COUNCIL DECEMBER 7,
1985.
7.
APPOINTING MAYOR XAVIER SUAREZ AS
R-85-1109
5-6
CITY-S VOTING DELEGATE ON THE DADE
11/26/85
COUNTY LEAGUE OF CITIES BOARDS OF
DIRECTORS.
8.
APPOINT COMMISSIONER MILLER J.
R-85-1110
6-8
DAWKINS VICE MAYOR, TERM COMMENCING
11/26/85
AT 12:00 NOON, DECEMBER 13, 1985.
9.
SET DEDICATION OF MUNICIPAL PARKING
M-85-1111
8-9
LOT 40, N.W. 31 STREET AND 18TH
11/26/85
AVENUE FOR DECEMBER 19,1985.
10.
RESCHEDULE CITY COMMISSION MEETING
DISCUSSION
9-10
OF DECEMBER 12, TO TAKE PLACE ON
11/26/85
DECEMBER 19; RESCHEDULE CITY COM-
MISSION MEETING OF DECEMBER 26 TO
TAKE PLACE ON DECEMBER 19, 1985.
11.
CONSENT AGENDA.
11/26/85
10-11
11.1
CLAIM SETTLEMENT - BENITO DENIS,
R-85-1113
11.
$5,000.00
11/26/85
11.2
CLAIM SETTLEMENT - JACQUELINE
R-85-1114
11.
GUIGNARD, $5,500.00.
11/26/85
11.3
CLAIM SETTLEMENT - MICHAEL
R-85-1115
12
MALONEY,$12,5O0.
11/26/85
11.4 GRANT "TASTE OF GROVE" FOOD FESTI- R-85-1116 12
VAL BEER PERMIT, CONCESSION AGREE- 11/26/85
MENT, STREET CLOSING,ETC.
11.5 ACCEPT BID - HUNTER KNEPSHIELD CO. R-85-1117 12
FOR PORTABLE STAGE FOR DEPT. OF 11/26/85
PARKS & RECREATION.
11.6 ACCEPT BID - CARPET COLLECTION, R-85-111.8 12.
INC. FOR CARPETING AND RELATED 11/26/85
MATERIALS CITY WIDE.
11.7 ACCEPT BID - UNDERWATER UNLIMITED R-85-1119 13.
FOR SCUBA GEAR EQUIPMENT FOR DEPT. 11/26/85
OF FIRE, RESCUE AND INSPECTION.
11.8
ACCEPT BID - PRECISION SECURITY
R-85-1120
13.
SYSTEMS FOR SECURITY ALARM SYSTEM
11/26/85
AT MIAMI BASEBALL STADIUM.
11.9
ACCEPT BID. - A.C. ROOFING CONSTRUC-
R-85-1121
13.
TION FOR RE -ROOFING MUNICIPAL
1-1/26/85
JUSTICE BLDG. SECOND FLOOR.
11.10
ACCEPT BID -RIC-MAN INTERNATIONAL
R-85-1122
13
FOR CITYWIDE SANITARY SEWER RE-
11/26/85
PLACEMENT - EDGEWATER.
11.11
DIRECT CITY CLERK TO PUBLISH NOTICE
R-85-1123
13
OF PUBLIC HEARING FOR OBJECTIONS TO
11/26/85
ACCEPTANCE OF OF ALLAPATTAH HIGHWAY
IMPROVEMENT BY PRE CONSTRUCTION
CO.,
12.
CLARIFICATION OF CONSENT AGENDA
DISCUSSION
14
POLICY.
11/26/85
13.
APPROVE PERMIT TO DISPENSE BEER AND
R-85-1124
14-15
WINE. AT NO CHARGE IN CONNECTION
11/26/85
WITH A WEDDING RECEPTION ON APRIL
5, 1986 IN WAINWRIGHT PARK.
14.
DENY REQUEST OF MIAMI ROCK PRODUC-
M-85-1125
15-16
TION , INC. FOR PERMIT TO ALLOW
11/26/85
SALE OF BEER AN WINE IN CONNECTION
WITH THE "REGGAE FESTIVAL 85."
15.
DEFER CONSIDERATION OF PROPOSED
M-85-1126
16-19
ESTABLISHMENT OF FUNDING IS-
11/26/85
SUES/MINORITY ENTERPRISE SMALL
BUSINESS INVESTMENT CORP. (MESBIC)
BLUE RIBBON COMMITTEE TO NEXT COM-
MISSION MEETING; REQUEST ADMINIS-
TRATION TO INFORM BAYSIDE PEOPLE
THAT CITY COMMISSION WISHES TO SET
ITSELF US AS SAID COMMITTEE.
16.
AUTHORIZE EXECUTION AND DELIVERY OF
R-85-1127
19-20
STORM SEWER IMPROVEMENT BONDS DATED
11/26/85
MARCH 1, 1975 TO REPLACE LOST BONDS
($60,000).
17.
ALLOCATE AN AMOUNT NOT TO EXCEED
R-85-1128
20-21
$100,000 TO MAKE NEEDED IMPROVE-
11/26/85
MENTS AT THE MARINE STADIUM.
18.
BID ACCEPTANCE: WILLARD SHUTTERS
R-85-1129
21-22
CO. FOR FURNISHING AND INSTALLING
11/26/85
STORM SHUTTERS AT FOUR FIRE STA-
TIONS FOR THE. DEPT. OF BUILDING &
VEHICLE MAINTENANCE.
0
19.
BID ACCEPTANCE: ORMONT GRAPHICS FOR
I2-35-1130
3,000 COPIES OF THE MIAMI COMPRE-
11/26/85
HENSIVE NEIGHBORHOOD MAP TO THE
DEPT. OF BUILDING & VEHICLE MAINTE-
NANCE FOR $5,360.
20.
DEFER CONSIDERATION OF PROPOSED
H-85-7131
ORDINANCE PROHIBITING USE OF OB-
11/26/85
SCENE. OR INDECENT MATERIAL OVER
CABLE TELEVISION UNTIL, STATE OF
UTAH GOES TO THE SUPREME COURT ON A
SIMILAR CASE.
21.
CONGRATULATE UNIVERSITY OF MIA141
R-85-1132
FOR ITS SUCCESSFUL FOOTBALL SEASON
11/26/85
WHICH CULMINATED IN AN INVITATION
TG PLAY IN THE SUGAR BOVL ON JANU-
ARY 1, 1986.
22.
ADD NEW ARTICLE IV. "MIAMT VESSEL
ORDINANCE
MOORING CODE" TO CHAPTER 50 OF THE
10055
CODE.
11/26/85
23.
AMEND CODE SECTIONS j0-53, 30-54
FIRST
AND 30-55 BY REVISING FEE SCHEDULE
READING
FOR USE OF CITY GOLF COURSES,
11/26/85
ESTABLISHING A MONTHLY PRE -PAID
MEMBERSHIP FEE, ETC.
24.
AMEND 9500 BY CHANGING 'ZONING
ORDINANCE
CLASSIFICATION OF PROPERTY LOCATED
10056
AT 267 S.W. 18 ROAD AND 1768-1776
11/26/85
S.W. 2 COURT FROM RS-2/2 TO CR-2/7.
25.
DISCUSSION OF SOUTHEAST
DISCUSSIONI
OVERTOWN/PARKWEST COMMUNITY DEVEL-
11/26/95
OPMENT PLAN TO EXTE14D REDEVELOPMENT
BOUNDARIES. (SEE LATER R-85-1143,
LABEL #43)
26.
AMEND 9500 BY CHANGING 'ZONING
ORDINANCE
CLASSIFICATION OF PROPERTY LOCATED
10057
AT 340- 352 N.E. STREET AND 335-415
11/26/85
N.E. 32 STREET AND 335-415 N.E. 31
STREET FROM RC-3/6 TO CR-3/7.
27.
AMEND 9500 BY CHANGING Z014ING
ORDINANCE
CLASSIFICATION OF PROPERTY LOCATED
10058
AT 2490 N.W. 14TIl STREET FROM RC-
11/26/85
1/3 TO RC-2/5.
28.
AMEND 9500 BY CHANGING ZONING
ORDINANCE
CLASSIFICATION OF PROPERTY LOCATED
10059
AT 2504 N.W. 14TH STREET FROM RG-
11/26/85
1/3 TO RG-2/5.
29.
AMEND 9500 BY APPLYING HC-l: CENER-
ORDINANCE
AL USE HERITAGE CONSERVATION OVER-
10060
LAY DISTRICT TO THE DADE COUNTY
11./26/85
COURTHOUSE.
30.
CONTINUE CONSIDERATION FOR CHANGE
M-85-1133
OF ZONING AT 4000-5299 N.W. 17
11/26/85
AVENUE. FROM CC-1/7 TO CR-2/7 TO
JANUARY 23, 1986 AT 6:00 P.M.
31. AMEND 9500 BY CHANGING ZONING FIRST
CLASSIFICATION OF PROPERTY LOCATED READING
AT 1103-1151 N.W.7TH STREET FROM 11/26/85
CC-1/7 TO GU (FIRE STATION NO.3)
22-23
23-26
26-27
27-28
2P-30
3 0 - 3 3
33-34
34-37
37-38
38-39
39-40
40-43
43-44
1
32. AMEND 9500,SECTION 2013.7 TO CLARI-
ORDINANCE
FY PRIMARY, SECONDARY & TERTIARY
10061
WALLS AND WINDOWS; SECTION 3602 TO
11/26/85
PROVIDE DEFINITION FOR RESCUE
MISSION & JEWELRY OFFICIAL SCHEDULE.
OF DISTRICT REGULATIONS, CR-1
COMMERCIAL. RESIDENTIAL TO ALLOW
VIDEO TAPES SALES & RENTALS; CR-2
COMMERCIAL RESIDENTIAL TO PERMIT
DRIVING SCHOOL AGENCIES; CR-3
COMMERCIAL RESIDENTIAL TO DELETE
RESCUE MISSIONS AS PERMITTED USE;
PAGE 5 ASTROLOGISTS, FORTUNE TELL-
ERS,ETC.
33. INSTRUCT PLANNING DEPARTMENT TO
M-85-1134
REVIEW PRESENT REGULATIONS FOR
11/26/85
LOCATION OF RESCUE MISSIONS & COME
BACK WITH RECOMMENDATIONS.
34. FIRST READING ORDINANCE: AMEND
FIRST
ARTICLE VIII LATIN QUARTER REVIEW
READING
BOARD,SECTIONS 62-78 THRU 62-80.
11/26/85
44-46
47
47-48
35.
VACATE AND CLOSE N.W. 1 AVENUE
R-85-1135
48-52
BETWEEN N.W. 76 STREET AND N.W. 77
11/26/85
STREET -TENTATIVE PLAT #1252-
"PELAEZ-ZOGBY SUBDIVISION."
36.
TERREMARK CENTRE: AMEND EXHIBIT "A"
R-85-1136
52-60
OF FINDING OF FACT NUMBER 1 OF
11/26/85
DEVELOPMENT ORDER (R-85-72) AND
MAJOR USE SPECIAL PERMIT (R-85-73)-
A D.R.I. AT APPROXIMATELY 2560-2580
TIGERTAIL AVE; 3204-3240 AVIATION
AVE; AND 2583-2585 SO BAYSHORE DR.
37.
GRANT APPEAL BY BELLE MEADE ISLAND
R-85-1137
60-66
HOMEOWNERS' ASSOCIATION AND OVER-
11/26/85
TURN ZONING BOARD'S APPROVAL OF
SPECIAL EXCEPTION PERMITTING OCCU-
PANCY OF PRIVATE PLEASURE CRAFT AS
LIVING QUARTERS.
38.
BRIEF COMMENTS BY COMMISSION
DISCUSSION
66
KENNEDY WELCOMING CHILDREN WHO HAD
11/26/85
SPENT TIME IN JAIL PENDING IMMIGRA-
TION MATTERS.
39-A
GUIDELINES FOR SELECTION OF CITY
M-85-1138
67-70
MANAGER: (A) SELECTED INDIVIDUAL TO
11/26/85
BE SWORN IN TODAY ; (B) KEEP SERGIO
PEREIRA'S SALARY AT PRESENT LEVEL
THROUGH DECEMBER 15TH.
39-B
SETTING SALARY AND EMOLUMENTS OF
M-85-1139
70-73
NE14 CITY MANAGER -INSTRUCT CITY
11/26/85
ATTORNEY TO DRAFT APPROPRIATE RESO-
LUTION.
40.
ELECT AND REAPPOINT LUCIA A.
R-85-1140
73-74
DOUGHERTY AS CITY ATTORNEY.
11/26/85
41.
ELECT AND REAPPOINT MATTY HIRAI AS
R-85-1141
74-75
CITY CLERK.
11/26/85
w
42.
AFFIRM DECISION OF 'ZONING BOARD AND
R-85-1142
DENY APPEAL OF CLASS D SPECIAL
11/26/85
PERMIT AS LISTED IN ORD. 9500
PERMITTING DEFERRAL FOR 5 YEARS OF
57 REQUIRED OFF—STREET PARKING
SPACES —IN CONNECTION WITH THE
OPERATION OF MIAMI DADE COMMUNITY
COLLEGE BILINGUAL CENTRE.
43.
APPROVE ADDENDUM TO CITY OF MI—
R-85-1143
AMI/DADE COUNTY SOUTHEAST
11/26/85
OVF.RTOWN/PARKWEST COMMUNITY REDE—
VELOPMENT PLAN BOUNDARIES (R-82-
755).
44.
DISCONTINUE USE OF A PORTION OF THE
R-85-1144
PUBLIC UTILITY EASEMENT, AS INDI—
11/26/85
CATED IN RECORDED PLAN ENTITLED
"GROVE MOUNTAIN".
45.
ACCEPT PLAT: GROVE MOUNTAIN REPLAT.
R-85-1145
11/26/85
46.
TRANSMIT "MIAMI COMPREHENSIVE
R-85-1146
NEIGHBORHOOD PLAN 1976-1986" AND
11/26/85
THE CITY MANAGER CAPITAL IMPROVE—
MENT PROGRAM TO THE DEPARTMENT OF
COMMUNITY AFFAIRS IN SATISFACTION
OF LEGISLATIVE REQUIREidENT.
47.
RESCHEDULE REGULAR CITY COMMISSION
R-85-1147
MEETING OF DEC.12,1985 TO TAKE
11/26/85
PLACE DEC 19, 1985 AT 9:00 A.M. —
AND RESCHEDULE CITY COMMISSION
MEETING OF DEC. 26, 1985 TO TAKE
PLACE ON DEC. 19, 1985 AT 2:00 P.M.
48.
APPROVE ACCEPTANCE OF RESTRICTED
R-85-1148
GIFT TO THE CITY OF A PYRAMID DESK
11/26/85
AND MATCHING CREDENZA FROM BWF
ENTERPRISES INC.
49.
EXPRESS SOLIDARITY WITH CITIZENS OF
R-85-1149
COLOMBIA IN THEIR MISFORTUNE CAUSED
11/26/85
BY DEVESTATING MUDSLIDES; INSTRUCT
CITY MANAGER TO IDENTIFY TYPE OF
ASSISTANCE TO BE SENT.
50.
GRANT REQUEST BY GREATER MIAMI FOLK
M-85-1150
ARTS, INC. — WAIVE RENTAL COST OF
11/26/85
CITY FACILITY AND FORWARD PROCEEDS
TO COLOMBIA FOR RECENT TRAGEDY.
51—A
AMEND AUG. 23, 1985 CONTRACT WITH
R-85-1151
MIAMI—DADE TRADE & TOURISM COMMIS—
11/26/85
SION, INC. TO INCREASE ORIGINAL
AMOUNT AND TO EXTEND EXPIRATION
DATE.
51—B
T.I.C. FUNDING NOT TO BE CONSIDERED
M-85-1152
UNTIL T.I.C. FORWARD $150,000 FOR
11/26/85
CITY PROMOTION.
52.
ACCEPT CARLTON COLE"S APPRAISAL
R-85-1153
ESTABLISHING FAIR MARKET VALUE OF
11/26/85
LAND/AIR RIGHTS ON PROPERTY ADJA—
CENT TO BAYFRONT PARK AND PORT OF
MIAMI.
53 ESTABLISH ARBOR DAY PROGRAM.
75-81
81-83
84-85
N. MIN
87.
90.
90-96
90-96
96-97
R-85-1154 97-98
11/26/85
w
54.
AGREEMENT WITH FLORIDA MEMORIAL
R-85-11.55
98-99
COLLEGE TO PROVIDE TRAINING FOR
11/26/85
POLICE DEPARTMENT.
55.
AGREEMENT 14IT11 THE URBAN STUDIES
R-85-11.56
99-100
INSTITUTE AT BARRY UNIVERSITY TO
11/26/85
PROVIDE, CONSULTANT SERVICES TO
REVIEW POLICE TRAINING.
56•
AGREEMENT WITH VALLE-AXELBERD AND
R-85-1157
100-102
ASSOCIATES TO PROVIDE CONSULTANT
11/26/85
SERVICES FOR ANALYZING PSYCHOLOGI-
CAL STRESS FACTOR PRODUCED BY SME
33 SIMULATOR POLICE. TRAINING.
57.
SOLICIT BIDS FOR DEMOLITION OF
R-85-1158
102-103
STRUCTURES IN PHASE I OF
11/26/85
OVERTOWN/PARKWEST REDEVELOPMENT
PROJECT AREA.
58.
AUTHORIZE PURCHASE OF 4 PARCELS OF
DISCUSSION
103.
LAND IN OVERTOWN/PARKWEST REDEVEL-
11/26/85
OPMENT. (SEE LABEL #60).
59.
SEAT MODERNIZATION AT ORANGE BOWL.
R-85-1160
103-105
11/26/85
60-A
RECONSIDER R-85-1159 AUTHORIZING
M-85-1161
105-108
PURCHASE OF LAND IN
11/26/85
OVERTOWN/PARKWEST:
60-B
AUTHORIZE PURCHASE OF 4 PARCELS OF
R-85-1162
105-108
LAND IN S.E. OVERTOWN/PARKWEST
11/26/85
REDEVELOPMENT (SEE LABEL #58)
61.
CONTINUED CONSIDERATION OF PROPOSED
M-85-1163
108-111
HIGHWAY IMPROVEMENTS TO ROADS AREA;
11/26/85
FURTHER REQUESTING THE SCHEDULING
OF PUBLIC HEARINGS IN THE NEIGHBOR-
t
HOOD.
62.
CITY WIDE HIGHWAY IMPROVEMENT -
R-85-1164
111-112
PHASE II.
11/26/85
63.
CITY WIPE. SANITARY EXTENSIONS
R-85-1165
112-114
IMPROVEMENT.
11/26/85
64
INSTRUCT CITY MANAGER TO DEVELOP
M-85-1166
114-115
PENALTIES FOR CONSTRUCTION COMPA-
11/26/85
NIES WHO DO NOT MEET THEIR DEAD-
j
LINES OF CITY PROJECTS.
65.
CARNAVAL MIAMI - CLOSE STREETS,
R-85-1167
115-116
PERMIT FIREWORKS.
11/26/85
66.
GRANT ORANGE BOWL FOR NATURALIZA-
M-85-1168
116-117
TION CEREMONIES.
11/26/85
67.
KIWANIS CARNAVAL AT NORTH ORANGE
R-85-1169
117.
3
BOWL PARKING LOT.
11/26/85
68.
COCONUT GROVE ARTS FESTIVAL -
R-85-1170
117-118
BEER/WINE PERMIT, CLOSING STREETS.
11/26/85
69.
SUNSTREET FESTIVAL- BEER/WINE
R-85-1171
118-124
f
PERMIT, CLOSING STREETS.
11/26/85
70-A
COMMENTS RE COCONUT GROVE ARTS
M-85-1172
124-130
FESTIVAL; REQUEST TO REVIEW COST
11/26/85
FACTORS OF CITY SERVICES PRESENTLY
a
RENDERED IN CONNECTION WITH FESTI-
VALS.
V�,
70-B
REQUEST STUDY OF FESTIVALS IN THIS
M-85-1173
124-130
CITY; DISCUSSION OF "FIESTA BY THE
11/26/85
BAY" AND "1986 MIAMI FILM FESTI-
VAL" .
71.
ZONING AND OTHER CODE INFRACTIONS
R-85-1.174
130-134
OF PROPERTY OWNED BY NORTHWESTERN
11/26/85
MEATS, 2147 N.W. 23 STREET.
72.
APPOINT CESAR ODLO AS CITY MANAGER,
R-85-1175
134-135
SET SALARY. (SEE, LABEL #39).
11/26/85
73.
DONATION OF FIRE GEAR TO BOGOTA,
R-85-1176
135-136
COLOMBIA.
11/26/85
74.
FIRST READING ORDINANCE: MINORITY
FIRST
136-139
PROCUREMENT.
READING
11/26/85
75.
APPROVAL OF CITY OF MIAMI COMMIS-
DISCUSSION
139
SION MINUTES OF SEPTEMBER 12, 1985.
11/26/85
76.
COMMENTS BY SERGIO PEREIRA IN
DISCUSSION
139
RECOGNITION OF CITY STAFF.
11/26/85
77.
DENY PROPOSED FIRST READING ORDI-
M-85-11$7
140-157
NANCE BY WOODLAWN CEMETERY SEEKING
11/26/85
CHANGE OF ZONING.
TAl
MINUTES OF REGULAR MEE.T[NG OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 26th day of November, 1985, the City Commission of Miami,
Florida, met at its regular meeting place in the City Ball, 3500 Pan American
Drive, Miami, Florida in regular session.
The meeting was called to order at 9:06 O'Clock A.M. by Mayor Xavier L.
Suarez with the following members of the Commission found to be present:
4
Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
ALSO PRESENT:
Sergio Pereira, City Manager
Lucia Allen Dougherty, City Attorney
Matty Hirai, City Clerk
An invocation was delivered by Mayor Suarez who then led those present
in a pledge of allegiance to the flag.
I. GUIDELINES FOR SELECTION OF CITY MANAGER SET FOR AFTERNOON.
Mayor Suarez: We have stated a preference not to have pocket items. I have,
and I know Commissioner Dawkins has. However, if any Commissioner would have
a matter that they consider of extreme urgency or importance, we will take
that up at this time, and then, Mr. City Manager, I think we have left
something off the agenda that I want to bring to your attention afterwards.
Mr. Carollo: Mr. Mayor, this is not a pocket item. It is a request for this
Commission to set the guidelines that we are going to follow in the selection
of the new City Manager. At the same time, I think that has got to be the
most important item that we are to deal with today, so I request that the
Commission to either have that item as the first item that we are going to
deal with this morning, or if not, the first item that we deal with in the
afternoon agenda.
Mayor Suarez: What time do we begin the afternoon agenda, Mr. City Manager?
I think the request is quite reasonable.
Mr. Pereira: Whenever you decide to convene after your lunch break, sir.
Mr. Suarez: Okay, because we do have some items that begin at 3:30 P.M. I
would propose on that, Commissioner, that we do take up that item in the
afternoon, for the simple reason, and I think eminently reasonable. The
reason for my perspective, I like to have at least half of the Commission
meeting under my belt before I tackle the employment of the new City Manager!
Mr. Carollo: That is well taken. We will take it up in the 2:30 P.M.
session, then.
Mayor Suarez: Okay, Commissioners, is that acceptable and agreeable?
ld
1
November 26, 1985
`k
1-
2. PRESENTATION OF PROCLAMATION TO VICTORIA MAURICF., "MISS AMERICA LATINA".
PROCLAMATION PRESENTED: to Victoria Maurice - "Miss America Latina".
3. DISCUSSION: JUDICIAL COUNCIL OF THE NATIONAL BAR ASSOCIATION.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes, sir?
Mr. Dawkins: I would like to state that the Council of the National Bar
Association will be holding their conference here January 23rd through the
26th, 1986 and the Miami City Commission welcomes this prestigious Black
group, and it just goes to show that we attempting to bring in a lot of
conventioneers in order to improve the economy of the City.
Mr. Pereira: That is right.
Mayor Suarez: I join you in that welcome and Commissioner Carollo, do you
want to say something to that effect?
Mr. Carollo: I think that this shows how this Commission is working together
in bringing additional conventions, including many minority conventions to the
City.
4. MISCELLANEOUS DISCUSSION: COMMEND HOST COMMITTEE RE: MISS UNIVERSE
PAGEANT: ASIA CONVENTION '89; REPORT ON TRIP TO ROME.
Mr. Carollo: At the same time, Mr. Mayor, and colleagues, I'd like to give
you a very brief report on our trip to Rome. As you all know, I went to Rome
with Assistant City Manager Cesar Odio and the convention center director,
Tony Pajares, together with the special ambassador of good will for the Miami
Host Committee and for Miami, former Miss Universe, Yvonne Ryding. We held a
cocktail reception for the four directors of ASTA where well over 100 people
attended. The Chairman of ASIA, Mr. Joseph Hallissey expressed his gratitude
for the position the City had taken back in 1982 and helping them when they
were in a tight spot, and by talking to him personally and some of the other
key Board of Directors, I feel fairly sure that this convention will be coming
to Miami in 1989. The next step that they will be taking is that they will be
coming to Miami on the invitation that we extended to them. The Site
Selection Committee will be on January of next year to inspect the new
facilities we have - the new Miami that we have to offer, and shortly after
that they will be making their final choice, which I am sure will be Miami.
The amount of delegates that they had in Rome was over 8,000. The 1989
convention will represent to Miami over $20,000 for the week that these 8,000
plus delegates will be staying, plus some $50,000,000 to $60,000,000 world
wide free publicity, so I think that our trip was well worth the limited
expenses that we had. At the same time, we were able to meet with the head of
the U. S. Government Tourist Office in Italy and she will be coming down to
Miami in February to work out tour packages between Italy and the United
States where I think we will have an excellent opportunity to pick up a pretty
good percent of the 250,000 Italians that come to the United States every
year, so those are major points that I think we needed to touch upon and brief
you on the trip.
ld 2 November 26, 1985
ON
r
Mayor Suarez: Is there anything that the Commission can do, or the Mayor can
do to facilitate the efforts to get the convention to be here in the year
1989?
Mr. Carollo: I think that when the Site Selection Committee comes to Miami in
January, I think we need to make sure that all of the people in the industry
puts their best foot forward.
Mayor Suarez: Great. Thank you for the report.
5. DISCUSSION OF APPOINTMENT OF VICE -MAYOR - SEE LATER R-85-1110.
Mayor Suarez: The item that I referred to before as one that I thought was
inadvertently omitted from the agenda, Mr. City Manager, was the one referring
to the appointment of a Vice -Mayor, which I understand on the Charter we must
do in November - in fact, in the first meeting in November. We are now at
the second, or the last meeting in November, so ...
Mr. Pereira: The City Attorney will address us.
Mrs. Dougherty: The last appointment was made for one year, and I think the
last appointment was made in December. That is December 13th. However, the
Charter ...
Mayor Suarez: Yes, as I read the Charter, we may have a little problem if we
let the month of November go by, Madam ...
Mrs. Dougherty: The Charter does provide that the appointment be made in
November.
Mayor Suarez: Right, so we may want to take that up in a second.
6. ALLOCATE $2,500 FOR RENT OF COCONUT GROVE EXHIBITION CENTER BY SOUTH
FLORIDA BOY SCOUTS OF AMERICA, SOUTH FLORIDA COUNCIL DECEMBER 7, 1985.
Mayor Suarez: Request for a waiver of $2,500 in connection with the Coconut
Grove Exhibition Center for the annual Scout Show on Saturday, December 7,
1985. I believe if we try to get this on the agenda, they will never make it,
Mr. City Manager, would that be correct? I presume this ...
Mr. Pereira: What the process is, Mr. Mayor, is items like that you refer to
the Administration and we will come back to the next meeting with a
recommendation. The event is on December 7 ...
Mayor Suarez: That is the problem - it seems like ...
Mr. Pereira: My review...
Mr. Plummer: If a motion is in order, is this a waiver of rental? How does
that affect the ...
Mayor Suarez: Yes, that is exactly what it is. South Florida Council of the
Boy Scouts is requesting a waiver of rental for Coconut Grove Exhibition
Center and their annual scout show is on Saturday, December 7, 1985.
Mr. Plummer: Mr. Manager, how does that affect the policy? This is not a
festival as such, is it?
Mr. Pereira: No, it is not a festival.
ld
3
November 26, 1985
rA
Mr. Plummer: So the policy does not come Into play?
Mr. Pereira: Does not come into play.
Mr. Plummer: Mr. Mayor, I think a motion at this time would be in order that
it is approved by this Commission, subject to the Manager's final approval.
If he approves it, it is done. That would be ...
Mayor Suarez: That is an excellent way to handle it. That way, we have that
final little reservation in case the City Manager doesn't feel that it is
appropriate. I will so entertain a motion, Commissioner.
Mr. Plummer: I would move at this time that the matter be approved by this
Commission subject to the final approval by the City Manager.
Mr. Carollo: I second that motion.
Mayor Suarez: Any discussion?
Mr. Dawkins: Under discussion.
Mayor Suarez: Commissioner?
Mr. Dawkins: Are we waiving the cost for the use?
Mr. Plummer: Rental only.
Mr. Dawkins: Rental only. They still have got to come up with police and
sanitation, etc.?
Mr. Plummer: Correct - all other costs.
Mayor Suarez: Is that sufficiently clarified that they have to pay all other
costs?
Mr. Plummer: It will be when they get the bill.
Mr. Pereira: if it is not clear now, it will be then!
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1108
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED $2,500
FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND,
IN SUPPORT OF THE SOUTH FLORIDA BOY SCOUTS OF AMERICA,
SOUTH FLORIDA, COUNCIL, TO COVER THE COST OF USING THE
COCONUT GROVE EXHIBITION CENTER FOR THEIR ANNUAL BOY
SCOUT SHOW TO BE HELD DECEMBER 7, 1985, CONDITIONED
UPON THE ORGANIZERS PAYING ALL OTHER COSTS ASSOCIATED
WITH STAGING SAID EVENT; SAID ALLOCATION BEING FURTHER
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH CITY OF
MIAMI ADMINISTRATIVE POLICY NO. APM-1-84, DATED
JANUARY 24, 1984.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
I
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4
November 26, 1985
rdA
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
i
7. APPOINTING MAYOR XAVIER SUAREZ AS CITY'S VOTING DELEGATE ON THE DADE
COUNTY LEAGUE OF CITIES BOARD OF DIRECTORS.
Mayor Suarez: We have one other item.
Mr. Dawkins: Mr. Mayor.
Mayor Suarez: Yes, Commissioner?
Mr. Dawkins: Point of information. Did we, or did we not say that we would
not have any pocket items?
Mayor Suarez: I have stated my policy of not having pocket items. I believe
you stated that publicly too, Commissioner.
Mr. Dawkins: What are we having now?
Mayor Suarez: I am going to present to you now, if you give me a chance ...
Mr. Dawkins: Okay. All right, I am going to give you a chance, but I just
want to know where we are!
Mayor Suarez: What I consider to be an emergency item.
Mr. Dawkins: Okay, these are emergency ... the Mayor's emergency items.
Mr. Carollo: Emergency pocket items!
Mayor Suarez: Well, they are not ... the South Florida Council of Boy Scouts
is not my item, Commissioner. I just felt that it was a valid exception to
the rule well established now of not having pocket items, and hopefully this
one will be too in your consideration. We have got to appoint, and this has
been brought to my attention by the City Manager's office and the City
Attorney's office. We have got to appoint a member to the Dade League of
Cities - Dade County League of Cities, which will then result, I believe, in
representation for this Commission and for the City of Miami and the South
Florida Regional Planning Council. We had some confusion on this item during
the week, Mr. Manager. I had always thought that the Mayor of Miami was ex-
officio a member of the South Florida Regional Planning Council, and as such
we didn't have to move on this item so quickly.
Mr. Pereira: I must apologize to you. The member of the staff who brought
that to your attention was not supposed to do that. It was all supposed to
come to you in a package. I don't know the nature of the emergency. J. L.,
you probably know more about that.
Mr. Plummer: What we had done last year so that Ferre could serve on the
South Florida Planning Council, we made him a voting delegate to the Dade
League of Cities. I have always been, since 16 years, the delegate to the
Dade League. There is nothing, Mr. Mayor, that this Commission cannot proffer
your name as their representative through the Dade League. The problem is,
we, the City of Miami, are not guaranteed a seat on that council, and if we
don't move quickly, we will lose that seat to some other Mayor, and it is
always been felt that the Mayor of the largest City should be on that council,
and I would move at this time that the Dade League nominate Xavier Suarez to
ld 5 November 26, 1985
*1 e
serve on the South Florida Planning Council as the representative of the Dade
League, and I so move.
Mr. Carollo: Second the motion.
Mayor Suarez: Any discussion? I just want to say, as part of the discussion,
that I had thought of suggesting one of the Commissioners to represent me, but
I have been instructed, or advised, by yourself, Commissioner, today, and by
the staff of the City, City Attorney, City Manager, that it is imperative that
the Mayor serve in this capacity, and not one of the Commissioners. Is that
your feeling?
Mr. Plummer: It is imperative, but not mandated.
Mayor Suarez: Right. On that basis ...
Mr. Plummer: Any Commissioner could serve.
Mayor Suarez: On that basis, I accept- the nomination. I would have otherwise
nominated one of the Commissioners. Do we have any further discussion on the
item? Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1109
A RESOLUTION APPOINTING MAYOR XAVIER L. SUAREZ AS THE
VOTING DELEGATE REPRESENTING THE CITY OF MIAMI ON THE
DADE COUNTY LEAGUE OF CITIES BOARD OF DIRECTORS.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
8. APPOINT COMMISSIONER MILLER J. DA14KINS VICE -MAYOR, TERM COMMENCING AT
12:00 NOON, DECEMBER 13, 1985.
Mayor Suarez: Mr. City Manager, Madam City Attorney, should we not decide on
the Vice -Mayor selection, because of the ...
Mr. Carollo: I think it is an appropriate emergency pocket item to take, Mr.
Mayor.
Mayor Suarez: The problem is, Commissioner, we really do have a problem with
the Charter, which indicates, and I will read it to you as follows ...
Mr. Plummer: May I satisfy everybody?
Mayor Suarez: Yes, Commissioner.
Mr. Plummer: I offer a resolution to appoint Commissioner Miller Dawkins as
Vice -Mayor to serve one year commencing at noon, December 13, 1985.
ld 6 November 26, 1985
� rz_�
r;:
Mr. Carollo: I second that motion.
Mr. Plummer: Does that take care of it for you?
Mayor Suarez: I guess that means the dispute has been resolved. We don't
need to read the Charter.
Mr. Plummer: Was there a dispute?
Mr. Carollo: I never thought there was.
Mayor Suarez: I think Vice -Mayor Carollo wanted to complete his year, and
that is a fair request.
Mr. Carollo: No, we have always followed the Charter, and I don't think there
should be any reason why the Charter should not be followed again this time,
like it always has in the past.
Mayor Suarez: I don't believe it will create any problems with the Charter.
Mr. Carollo: But I think the Mayor gave some prime examples - three, this
morning, of why we should still leave some room for pocket items. There are
many times that items such as this are going to arise, or there might not be
enough time to place them five days before hand in the agenda, so it is going
to kind of make this look like we are not following our own rules if we say
there is no pocket items, and then we bring up other items under a different
name, when in fact, it is still a pocket item, and I take it well, the
intentions of the new Mayor, that he wants to save time at Commission
meetings, and I think it is something that most of us here from the old makeup
of the Commission always said ... we need to proceed quicker with these
meetings, but at the same time I think we have to be a little more open minded
and realize that like today, there are going to be time that items such as
this are going to come up that we need to handle that will not be in the
agenda. There are many other items that at times different Commissioners had
brought up as pocket items that could have been placed beforehand in the
agenda, that could have waited for another meeting, and I understand that
point, but I think we have to be a little flexible. You know, we don't have
to make a decision on that now, but I think it is something we should think
about, and take it up the next meeting.
Mayor Suarez: Well, Commissioner, I think your point is well taken, but it is
interesting to note that the only items we have taken up today have been at
the request of either the public, in the case of the Boy Scouts and the South
Florida Council of the Boy Scouts, which, and they where advised in the future
to be aware of the fact that we will not allow pocket items as a general rule,
and there is always going to be exceptions to any such rule, and certainly if
a Commissioner has an important item that should be considered, we will
consider it, and the other two items were those that were either Charter
mandated, or of pretty much of an emergency nature, and I had submitted them
to the Commission this morning in a rather democratic fashion for your
decision as to whether you wanted to handle them, and you have decided that
you did want to handle both, so we are in good shape there, and I think people
are well advised, from the general public, and this Commission also, that we
will try to move on with the agenda, and as a general rule not have pocket
items.
Mr. Carollo: Mr. Mayor, if I can bring you back to a little bit of history -
as a rule, most of the pocket items, the majority of them that in the past
were brought up by different members of the Commission, were in fact, items
that the public had requested, such as the Boy Scouts and things of that
nature. It is just a point of information to give you at this point.
Mayor Suarez: Thank you for a little bit of history, Commissioner Carollo.
Mr. City Manager, I believe we can move on to ...
Ms. Hirai: Mr. Mayor, excuse me.
Mayor Suarez: Yes.
Id
7
November 26, 1985
W
Ms. Hirai: We need to call the roll.
Mayor Suarez: Oh, very important!
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1110
A RESOLUTION ELECTING AND APPOINTING COMMISSIONER
MILLER J. DA14KINS AS VICE MAYOR OF THE CITY OF MIAMI,
FLORIDA, TO SERVE A ONE YEAR TERM COMMENCING AT 12:00
NOON DECEMBER 13, 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEM NUMBER 49 WAS CONTINUED TO MEETING OF
DECEMBER 19, 1985 FOR FURTHER INFORMATION.
9. SET DEDICATION OF MUNICIPAL PARKING LOT 40, N.W. 31 STREET AND 18TH
AVENUE FOR DECEMBER 19, 1985.
------------------------------------------------------------------------------
Mr. Plummer: I move agenda item 21. What is the date that has been
recommended?
Mayor Suarez: Is that December 12, 1985, Roger?
Mr. Plummer: Are you doing it during the lunch break?
Mayor Suarez: The lunch break, apparently, Commissioner.
Mr. Roger Carlton: Whatever date you wish in either December or January
during lunch break at one of your meetings would be fine.
Mr. Plummer: Well, I'll move it that it be the first meeting in December,
with the understanding that those dates might be juggled in whatever the first
meeting is in December - that it be done during the lunch break. I so move.
Mr. Carollo: Second.
Mayor Suarez: Any discussion? Call the roll.
ld
8
November 26, 1985
f-
fk�
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1111
A MOTION SETTING THE DATE OF DECEMBER 19TH, DURING THE
LUNCH RECESS, AS THE TIME FOR DEDICATION OF RECENTLY
COMPLETED MUNICIPAL LOT 40 WHICH IS LOCATED AT N.W. 31
STREET/18TH AVENUE IN ALLAPATTAH.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
10. RESCHEDULE CITY COMMISSION MEETING OF DECEMBER 12 TO TAKE PLACE ON
DECEMBER 19; RESCHEDULE CITY COMMISSION MEETING OF DECEMBER 26 TO TAKE
PLACE ON DECEMBER 19, 1985.
Mr. Plummer: Mr. Mayor, may I suggest at this time that we go ahead and reset
the dates in December? I think that way we will be ...
Mayor Suarez: Yes, let's get that worked out so we know on all of these items
when they are going to be heard.
Mr. Carollo: Why don't we look at, if it is possible, the week before
Christmas day?
Mr. Plummer: Well, what I was going to suggest and ask the Manager ... Mr.
Manager?
Mr. Pereira: Yes, sir?
Mr. Plummer: Traditionally, in December, we try to give ourselves as much
time, and I think maybe, if one or two members of this Commission might be
going to Seattle for the National League of Cities, your knowing the agenda in
advance, could we do two agendas in one day? That is acceptable under the
Charter.
Mr. Pereira: We probably could do it.
Mr. Plummer: I mean, you don't foresee that they are going to be that heavy?
Mr. Pereira: No, there might be one or two items that might demand a little
discussion, but I think you will be able to do it - do both at once.
Mr. Plummer: Well, Mr. Mayor, the convention starts in Seattle on the 9th,
and runs until the 15th. Commissioner Carollo, you said the week before
Christmas? Fine with me! How about the 19th?
Mr. Carollo: I am all right on the 19th.
Mr. Plummer: Is that agreeable with everybody?
Mayor Suarez: Commissioners?
Mr. Pereira: You won't have a meeting on the ...
Id
9 November 26, 1985
Mr. Plummer: We will have the regular meeting the morning of the 19th and we
will have the zoning meeting on the afternoon of the 19th.
Mr. Pereira: No meeting on the 13th, then?
Mr. Plummer: We will have one meeting to accomplish both and it still
complies with the Charter, which mandates two meetings. I so move that we
move the agenda of December to the morning of the 19th for the regular agenda,
and the afternoon of the 19th for the second meeting of the zoning agenda - I
so move.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll.
THEREUPON, THE FOREGOING MOTION N0. 1112 introduced
by Commissioner Plummer and seconded by Commissioner
Dawkins was adopted by the following vote:
AYES: Commissioner Miller J• Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier Suarez
NOES: None.
ABSENT: None.
(LATER FORMALIZED INTO RESOLUTION NO. 85-1147)
Mr. Plummer: That means that those two items already passed will
automatically be put on the 19th.
Mayor Suarez: From the bottom of my heart, and I think my family joins me in
this, Commissioner Plummer we thank you for having figured out a way to give
us a little more time during Christmas, in view of the way that the last two
weeks have been for me, to have a little time to spend with my family, and I
think the Commissioners join me in that feeling.
}
11. CONSENT AGENDA
Mayor Suarez: Mr. City Manager, are we ready to take up Item 22? The consent
agenda is comprised of items 22 through 39. Before the vote on adopting items
included in the consent agenda as taken, is there anyone present who is an
objector or proponent that wishes to speak on any item in the consent agenda?
Mr. Plummer: Mr. Mayor, I ask that item 26 be withdrawn at this time. I
asked that item 25 be withdrawn at this time, and I ask that 38 be withdrawn
at this time.
Mayor Suarez: Can you give us the reason, Commissioner?
Mr. Plummer: I'll be glad to whenever you are ready to discuss the items, but
the normal procedure is, the Commission requests that they be taken out and
then we pass the remaining portion of the Consent, and then I will give you
the reasons why I have asked that they be withdrawn.
Mayor Suarez: My problem is that I have some clarifications to be made also.
Mr. Dawkins: You can pull one.
Mayor Suarez: All right, any other Commissioners want to pull any items?
a Mr. Dawkins: Yes, I want to pull 36, and 38, and 39.
Id
10
November 26, 1985
Mayor Suarez: We will have to go item by item pretty soon, the way we are
going!
Mr. Plummer: It is still a good idea.
Mayor Suarez: Commissioner Kennedy, as long as we are going one by one, or
Commissioner Carollo?
Mr. Carollo: I don't have any to pull out.
Mrs. Kennedy: I don't either.
Mayor Suarez: Mine will be basically clarifications, Mr. City Manager, but I
would want to pull out items 33 and 34.
Mr. Plummer: I make a motion at this time that the remaining portions of the
consent agenda be accepted.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolutions were introduced by Commissioner
Plummer, seconded by Commissioner Kennedy and passed and
adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None
ABSENT: None
11.1 CLAIM SETTLEMENT - BENITO DENIS, $5,000.00
RESOLUTION NO. 85-1113
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY BENITO
DENIS, FIVE THOUSAND DOLLARS ($5,000.00), WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL BODILY INJURY,
PERSONAL INJURY PROTECTION LIENS, WORKERS' COMPENSATION LIENS,
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, UPON EXECUTION OF A
RELEASE RELEASING THE CITY OF MIAMI FROM ALL CLAIMS AND DEMANDS.
11.2 CLAIM SETTLEMENT - JACQUELINE GUIGNARD, $5,500.00
RESOLUTION NO. 85-1114
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JACQUELINE
GUIGNARD, FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00), WITHOUT
THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ALL
BODILY INJURY, PERSONAL INJURY PROTECTION LIENS, WORKERS
COMPENSATION LIENS, CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
UPON EXECUTION OF A RELEASE RELEASING THE CITY OF MIAMI FROM ALL
CLAIMS AND DEMANDS.
ld
11
November 26, 1985
I
11.3 CLAIM SETTLEMENT - MICHAEL MALONEY, $12,500.
RESOLUTION NO. 85-1115
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO MICHAEL
MALONEY THE SUM OF TWELVE THOUSAND FIVE HUNDRED DOLLARS ($12,500),
WITHOUT THE ADMISSION OF LIABILITY, IN FULL AND COMPLETE
SETTLEMENT OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI AND
ANY OF ITS AGENTS OR EMPLOYEES, AND UPON EXECUTION OF A RELEASE BY
EACH AFOREMENTIONED PARTY RELEASING THE CITY OF MIAMI AND ANY OF
ITS AGENTS OR EMPLOYEES FROM ALL CLAIMS AND DEMANDS.
�4
p 11.4 GRANT "TASTE OF GROVE" FOOD FESTIVAL BEER PERMIT, CONCESSION
AGREEMENT, STREET CLOSING, ETC.
RESOLUTION NO. 85-1116
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A TEMPORARY PER14IT BY
THE STATE OF FLORIDA, DEPARTMENT OF BUSINESS REGULATION, DIVISION
OF ALCOHOL BEVERAGES AND TOBACCO, THE REQUEST OF COCONUT GROVE
MARKETING TO SELL BEER FOR A ONE DAY PERIOD IN CONNECTION WITH THE
A "TASTE OF THE GROVE' FOOD FESTIVAL TO BE HELD JANUARY 19, 1986 AT
PEACOCK PARK, SUBJECT TO ALL PERMITS REQUIRED BY LAW, FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE -DAY NONEXCLUSIVE
CONCESSION AGREEMENT WITH THE ORGANIZATION IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, AND THE CLOSING OF CERTAIN STREETS TO THROUGH
VEHICULAR TRAFFIC DURING THE SPECIFIED DATE AND TIMES SUBJECT TO
THE ISSUANCE OF PERMITS BY THE DEPARTMENT OF POLICE AND THE
DEPARTMENT OF FIRE, RESCUE AND INSPECTION SERVICES.
11.5 ACCEPT BID - HUNTER KNEPSHIELD CO. FOR PORTABLE STAGE FOR DEPT. OF
PARKS & RECREATION.
RESOLUTION NO. 85-1117
A RESOLUTION ACCEPTING THE BID OF HUNTER KNEPSHIELD CO. FOR
FURNISHING ONE (1) PORTABLE/MOBILE STAGE AND ACCESSORIES TO THE
DEPARTMENT OF PARKS AND RECREATION AT A TOTAL PROPOSED COST OF
$29,562.00; ALLOCATING FUNDS THEREFOR FROM THE 1984-85 CAPITAL
IMPROVEMENT PROJECT FUND AND SPECIAL PROGRAMS AND ACCOUNTS
CONTRIBUTIONS TO CAPITAL IMPROVEMENTS; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
11.6 ACCEPT BID - CARPET COLLECTION, INC. FOR CARPETING AND RELATED
MATERIALS CITY-WIDE.
RESOLUTION NO. 85-1118
A RESOLUTION ACCEPTING THE BID OF CARPET COLLECTION, INC. FOR
FURNISHING CARPETING AND RELATED MATERIALS CITY-WIDE TO THE
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE ON A CONTRACT BASIS
FOR ONE (1) YEAR RENEWABLE ANNUALLY AT A TOTAL PROPOSED FIRST YEAR
COST OF $45,000.00; ALLOCATING FUNDS THEREFOR FROM THE 1985-86
OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS FOR
THESE MATERIALS.
Id 12 November 26, 1985
f
11.7 ACCEPT BID - UNDERWATER UNLIMITED FOR SCUBA GEAR EQUIPMENT FOR
DEPT. OF FIRE, RESCUE AND INSPECTION.
RESOLUTION NO. 85-1119
A RESOLUTION ACCEPTING THE BID OF UNDERWATER UNLIMITED FOR
FURNISHING SCUBA GEAR EQUIPMENT TO THE DEPARTMENT OF FIRE, RESCUE
AND INSPECTION SERVICES AT A TOTAL PROPOSED COST OF $6,217.00;
ALLOCATING FUNDS THEREFOR FROM THE 1981 FIRE BONDS; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF PROCUREMENT
OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
11.8 ACCEPT BID - PRECISION SECURITY SYSTEMS FOR SECURITY ALARM SYSTEM
AT MIAMI BASEBALL STADIUM.
RESOLUTION NO. 85-1120
A RESOLUTION ACCEPTING THE BID OF PRECISION SECURITY SYSTEMS FOR
FURNISHING A SECURITY ALARM SYSTEM AT THE MIAMI BASEBALL STADIUM
TO THE OFFICE OF STADIUMS A TOTAL PROPOSED COST OF $5,388.00;
ALLOCATING FUNDS THEREFOR FROM THE 1985-86 OPERATING BUDGET;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE ORDER FOR THIS EQUIPMENT.
11.9 ACCEPT BID - A.C. ROOFING CONSTRUCTION FOR RE -ROOFING MUNICIPAL
JUSTICE. BLDG. SECOND FLOOR.
RESOLUTION NO. 85-1121
A RESOLUTION ACCEPTING THE BID OF A.C. ROOFING CONSTRUCTION FOR
RE -ROOFING OF MUNICIPAL JUSTICE BUILDING SECOND FLOOR - HUMAN
RESOURCES TO THE DEPT. OF BUILDING AND VEHICLE MAINTENANCE AT A
TOTAL PROPOSED COST OF $18,500.00; ALLOCATING FUNDS THEREFOR FROM
THE 1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER TO
INSTRUCT THE ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS SERVICE.
11.10 ACCEPT BID - RIC-MAN INTERNATIONAL FOR CITYWIDE SANITARY SEWER
REPLACEMENT - EDGEWATER.
RESOLUTION NO. 85-1122
A RESOLUTION ACCEPTING THE BID OF RIC-MAN INTERNATIONAL, INC. IN
THE PROPOSED AMOUNT OF $769,873.00, TOTAL BASE BID OF THE
PROPOSAL, FOR CITYWIDE SANITARY SEWER REPLACEMENT PROJECT -
EDGEWATER, WITH MONIES THEREFOR ALLOCATED FROM THE "CITYWIDE
SANITARY SEWERS EXTENSIONS IMPROVEMENT" ACCOUNT IN THE AMOUNT OF
$769,873.00 TO COVER THE CONTRACT COST; AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH SAID FIRM.
11.11 DIRECT CITY CLERK TO PUBLISH NOTICE OF PUBLIC HEARING FOR
OBJECTIONS TO ACCEPTANCE OF OF ALLAPATTAH HIGHWAY IMPROVEMENT BY
FRE CONSTRUCTION CO.
RESOLUTION NO. 85-1123
A RESOLUTION DIRECTING THE CITY CLERK TO PUBLISH A NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPTANCE BY THE CITY
COMMISSION OF THE COMPLETED CONSTRUCTION BY FRE CONSTRUCTION
COMPANY, INC. OF ALLAPATTAH INDUSTRIAL AREA HIGHWAY IMPROVEMENT
PHASE I, BIDS "A", "B", "C", IN ALLAPATTAH INDUSTRIAL AREA HIGHWAY
IMPROVEMENT DISTRICT H-4485; SAID NOTICE TO BE PUBLISHED IN
COMPLIANCE WITH THE PROVISIONS OF RESOLUTION NO. 84-85, ADOPTED
JANUARY 19, 1984, CONCERNING THE PUBLICATION OF CITY NOTICES.
Id 13 November 26, 1985
!i
12. CLARIFICATION OF CONSENT AGENDA POLICY.
Mr. Plummer: My question in the first item, 25 is
Mayor Suarez: Commissioner, if I may interrupt you for a second, I want to
say one thing - for the next meeting of the Commission, I have already
requested of the City Manager an ordinance that would enable us to eliminate
some of these items from the agenda, specifically those that require
settlement authority by the City Attorney. I have asked that that be
increased to a $25,000, I believe, settlement authority. I will address these
proposed changes at the next meeting, but just so you know that we hope to
simplify the agenda. I have also have a concern and I haven't requested
anything to this effect about having to approve all these permits for beer and
wine, instead of having the City Manager. I don't know if that is mandated by
State Law, but maybe, Commissioner Plummer, I know that one of the items that
you pulled out has to do with that, so maybe we will get into a little
discussion on that. So now, we will proceed. Commissioner?
13. APPROVE PERMIT TO DISPENSE. BEER AND WINE AT NO CHARGE IN CONNECTION WITH
A WEDDING RECEPTION ON APRIL 5, 1986 IN WAINWRIGHT PARK.
Mr. Plummer: Item 25, do we need to know who is the wedding for?
Mr. Carl Kern: Yes, Commissioner, this is for a Miss Tracy Jenkins is getting
married in Wainwright Park. They are not going to sell beer and wine, they
are just going to give it at their wedding reception at Wainwright Park.
Mr. Plummer: And this is not a way out kind of a situation.
Mr. Kern: No, sir, it is just a private wedding.
Mr. Plummer: I move item 25 be accepted.
Mr. Dawkins: Second.
Mr. Carollo: Who will it be for again now, Carl?
Mr. Kern: The lady's name is Miss Tracy Jenkins. It is a private wedding in
Wainwright Park.
Mr. Pereira: She was going to elope and decided to do It there.
Mr. Carollo: How many people will be there?
Mr. Kern: I don't have that figure, sir. I would say ... we don't issue
permits for over 100 people, so it would be less than that for that for that
particular park.
Mr. Plummer: Do we get a rental fee on that?
Mr. Kern: Yes, we do.
Mayor Suarez: Do you know what the fee is, approximately, Carl?
Mr. Kern: I don't have that with me. I can get that to you.
Mr. Carollo: Are there any police officers that are requested to be present?
Mr. Kern: Not for this small wedding, I don't believe there have been.
Mr. Carollo: Okay, so it has been approved by the Police Department?
Mr. Kern: No, I don't believe they have reviewed this. For small weddings
and things like that, they usually don't review them - just when they are
large, commercial activities, or the sale of alcoholic beverages.
Id 14 November 26, 1985
Mr. Plummer: I moved it.
Mayor Suarez: We are ready to call the roll?
Mr. Plummer: Yes.
Mayor Suarez: Please call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1124
A RESOLUTION APPROVING, SUBJECT TO ANY APPLICABLE
RULES OF THE STATE BEVERAGE DEPARTMENT, A PERMIT TO
DISPENSE BEER AND WINE AT NO CHARGE FOR A ONE -DAY
PERIOD IN CONNECTION WITH A WEDDING AND RECEPTION TO
BE HELD APRIL 5, 1986, IN WAINWRIGHT PARK, SUBJECT TO
THE ISSUANCE OF ALL OTHER PERMITS THAT MAY BE 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 Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
14. DENY REQUEST OF MIAMI ROCK PRODUCTION, INC. FOR PERMIT TO ALLOW SALE OF
BEER AND WINE IN CONNECTION WITH THE "REGGAE FESTIVAL -85."
Mr. Plummer: I am concerned in Item 26, that they are asking to serve
alcoholic beverages and I see that it is being put on by a rock group ...
Mr. Kern: Yes, this, Commissioner, is ...
Mr. Plummer: ... and this Commission has had an absolute, whenever we have
had a concert, a rock concern in any of our stadiums, that was an absolute
prohibition against the selling of alcoholic beverages. Now, is this a rock
group?
Mr. Kern: Yes, sir, that is why I wanted to bring this in front of you.
Mr. Plummer: I move to deny.
Mr. Dawkins: Second.
Mr. Kern: It is a fund raiser for the Africa group.
Mr. Plummer: That is fine, they can do it without the beer and wine.
Mayor Suarez: Commissioner, I missed that. It is a fund raiser for what,
Carl?
Mr. Kern: It is a fund raiser for the Africa fund, which is an anti-apartheid
organization and they are going to have a Reggae day in Peacock Park, and that
is what it was related to.
Id 15 November 26, 1985
V
f
Mr. Dawkins: Well, why aren't they the sponsors instead of Miami Rock
Productions?
Mr. Kern: Miami Rock Productions is putting on the event for them, as I
understand it.
Mr. Plummer: I think it is a dangerous precedent to set, of having the City
sanction and approve the sale of alcoholic beverages at a rock concert. I
still move to deny.
Mr. Dawkins: Second.
Mayor Suarez: Any further discussion of the item? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1125
A MOTION TO DENY REQUEST RECEIVED FROM "MIAMI ROCK
PRODUCTION INC." FOR A PERMIT TO ALLOW THEM TO SELL
BEER AND WINE IN CONNECTION WITH THE "REGGAE FESTIVAL
'85"
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
15. DEFER CONSIDERATION OF PROPOSED ESTABLISHMENT OF FUNDING ISSUES/MINORITY
ENTERPRISE SMALL BUSINESS INVESTMENT CORP. (MESBIC) BLUE RIBBON COMMITTEE
TO NEXT COMMISSION MEETING; REQUEST ADMINISTRATION TO INFORM BAYSIDE
PEOPLE THAT CITY COMMISSION WISHES TO SET ITSELF US AS SAID COMMITTEE.
Mr. Plummer: I would ask that agenda item 38 is a very complex item, which
was handled very quickly by this Commission previously. I personally have
some more questions to ask, and some other areas to investigate. I think we
are talking about an awful lot of money. We all know that the concept is a
good concept of helping minorities as it relates to Bayside, but I want to be
assured that this is the best road that we can travel, and as such, I ask that
this be deferred until the next meeting to give me the opportunity and maybe
other members of the Commission, to sit down and have a clearer understanding
of what this is proposing to do.
Mr. Dawkins: And I am pulling it for the same reason, so therefore it is a
double whammy.
Mayor Suarez: Double whammy, huh? Mr. City Manager, and Mr. Bailey, do you
want to give us any guidance on this? Are we really do anything by passing
this item?
Mr. Pereira: No! What you have here is to confirm a resolution that was
passed by the Commission on October Loth to create this committee, which
basically was to do two things, one was to look at the participation of a
MESBIC into this whole issue of getting minorities involved in the Bayside
Rr. Project, and at the same time, look at how the recruitment of minorities and
how the disbursement of the dollars that have been committed by both the City
and the County, together with the developer will be utilized. Our effort here
ld 16 November 26, 1985
r-
ork r
was just to formalize that resolution. However, if there are questions
involved in it... Let me tell you that the only ...
Mayor Suarez: I know Commissioner Plummer is concerned about the amount of
money involved here. Does it imply any consent to the amount of money, or
approval, or are we just creating a Blue Ribbon Committee?
Mr. Pereira: The committee was created in order to come back to the
Commission with a recommendation.
Mayor Suarez: Or concerning the creation of it?
Mr. Pereira: Yes, and the purpose, well, is our understanding from the
Administration, of the committee, was to come back to the Commission through
the Administration with a recommendation as to how ...
Mayor Suarez: It is a purely advisory committee.
Mr. Pereira: ... an advisory committee.
Mr. Plummer: But they will control the dollars.
Mr. Dawkins: Okay, from the very beginning I voted "no". I am voting "no"
now. This too important for us to talk about a Blue Ribbon Committee, to sit
up here and start ... this should be the responsibility of this Commission and
Rouse is putting money in. I don't hear anybody in the Administration say
anything about the Rouse money. The only thing you are talking about is the
County and the City money. Rouse is putting money, the County is putting
money, the City is putting money, and until someone sits down and tells me how
this money is going to be used, what it is used for, and to what extent it is
going to help create businesses, and what will be done with the profits ...
see, nobody is saying ... all they are saying is that we are going to create a
MESBIC, and from that MESBIC, we are going to leverage your money to get "X"
number of dollars from the Federal Government. Well, what happens to that?
Is that going to come back into the MESBIC? Now, when those questions are
answered, then I will be ready to vote.
Mayor Suarez: Okay, at this point, Commissioner, we are not creating a
MESBIC. We are only creating a Blue Ribbon Committee that we will study the
possibility of a MESBIC being involved in the Bayside Project. Now, I share
your concern of not having two many Blue Ribbon Committees running around
doing the work that this Commission should be doing. If that is your
objection, I certainly share that.
Mr. Dawkins: Well, to show you how much I've thought, I put myself on the
Blue Ribbon Committee.
Mr. Plummer: Well, that is after we establish it.
Mayor Suarez: We haven't even established it. That is correct. That is an
interesting point that I certainly share with Commissioner Dawkins, the idea
if it important enough Blue Ribbon Committee then we are the Blue Ribbon
Committee, and we will so establish ourselves to be. Maybe, Mr. City
Manager and Mr. Bailey, that message ought to go back to ... (well, let's take
a vote on it first) ... but I would suggest that if the vote is as I feel it
will be, that we ought to send a message back to the Bayside people that this
Commission wants to act as that committee, in effect, and be a watchdog
constantly over the minority participation.
Mr. Herbert Bailey: Mr. Mayor, my question is then, do we have a legitimate
committee, or have we just, do to this action, disbanded what was proposed on
October loth? It is important, because we have already held several of these
.. .
Mr. Plummer: It will just be on hold, that is all.
Mr. Bailey: It will just be on hold?
Mr. Plummer: Then it will not be necessary for us to proceed with any more
meetings?
Mr. Plummer: No. I've asked that it be deferred.
ld
17
November 26, 1985
t
Mayor Suarez: It looks like the committee would not be able to meet, I
i
believe, Madam City Attorney, after, if the vote were negative right now, and
the committee would not be able to meet. It would not have any advisory or
other powers.
Mr. Plummer: It would put them on hold for a month.
Mayor Suarez: It would be in limbo, I guess.
Mr. Plummer: Mr. Mayor, just for the record, we are speaking of millions of
dollars. I am not comfortable in the fact that there is not possibly a better
way of doing this. I want to explore. If in the final analysis, if this is
the best way to travel, so be it! But I think it behooves this Commission to
make sure when billions of dollars of money are being spent, that each one of
us are comfortable.
Mr. Carollo: I agree with that, but I further think that this is an item that
we don't need to be passing the buck on it. I think we should handle it
ourselves, and this is an item that I really don't feel to be in the best
interests of the City to have a committee to look over.
Mayor Suarez: That seems to reflect the consensus of ttie Commission. Mr.
City Manager?
r
Mr. Pereira: Mr. Mayor, let me try to bring up a little history here. This
item, the minority participation issue on Bayside is something that your
Administration had been working on for some time and is ready to make a
recommendation prior to when the Rouse Company begins to entertain people
coming in and asking to be part of and wanting businesses. I'd like to recall
to you that this Blue Ribbon Committee was not created at the request of the
Administration. It was done because it was a public presentation done in this
Chambers and we were asked to participate, so I just want to make that
clarification.
Mr. Dawkins: I'd like to remind the manager at that time, you had a
different makeup of this Commission.
Mr. Plummer: That's right.
Mr. Dawkins: And that Commission is no longer here, so you will find a lot of
things sir, that occurred then that will not occur now.
Mayor Suarez: One other interesting clarification is the following: I have
met with some of the people involved in Bayside. Commissioner Plummer, I am
sure, is aware of this and Commissioner Carollo, who has been here, and
Commissioner Dawkins. There is actually another committee, that has been set
up, to sort of worked behind the scenes on making sure there is minority
participation at Bayside and I, speaking to David Weaver, referred to it as a
Brown Ribbon Committee, as opposed to Blue Ribbon. They are not subject to
Sunshine Law, because it is an informal committee created in house by them.
It may or may not have the proper effect of obtaining and achieving the
required minority participation, but I think that I know, certainly Mr. Weaver
has a higher expectation for that particular behind the scenes committee than
does for the Blue Ribbon Committee, and maybe it is proper for this Commission
to act as the Blue Ribbon Committee in that it will be a quasi -governmental
body in any event, subject to Sunshine Law and we seem to have a disposition
on this Commission to treat these items ourselves, so I believe I reflect the
consensus of the Commission, but we do have to call the roll on it. There
will be another committee working behind the scenes and I don't know how
effective it will be. I am sure that the Commission will keep an eye on that
other committee and its functioning to make sure that it is in accordance with
our direction.
a
Mr. Plummer: Mr. Mayor, unfortunately you are going to find a lot more
committees than just the one that you found, and not only relating to Bayside,
but a lot of other areas. You are speaking of no sunshine. I think I will
call your attention to the newly formed TIC - Tourist Industry Coalition,
which receives some $600,000 from this Commission as a donation last year, and
that under no circumstances will they operate in the sunshine, and it is one
of the points that I think that has got to be addressed by this Commission -
they have no government participation, and no sunshine, and have indicated
ld 18 November 26, 1985
v
they don't want either. So, I draw your attention to start probably the
largest contribution we make and be aware of what is going on there.
Mayor Suarez: Any further discussion on the motion?
Mrs. Hirai: I need a move and a second, Mr. Mayor.
Mayor Suarez: Do we have a move and a second?
Mr. Plummer: Yes, and Commissioner Dawkins seconded.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1126
A MOTION DEFERRING CONSIDERATION OF PROPOSED
ESTABLISHMENT OF THE LONG TERM FUNDING ISSUES/MINORITY
ENTERPRISE SMALL BUSINESS INVESTMENT CORP. (MESBIC)
BLUE RIBBON COMMITTEE TO THE NEXT CITY COMMISSION
MEETING; FURTHER REQUESTING THE ADMINISTRATION TO SEND
AN APPROPRIATE MESSAGE BACK TO THE BAYSIDE PEOPLE THAT
THIS COMMISSION WISHES TO SET ITSELF UP AS THE
REFERENCED COMMITTEE.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
16. AUTHORIZE EXECUTION AND DELIVERY OF STORM SEWER IMPROVEMENT BONDS DATED
MARCH 1, 1975 TO REPLACE LOST BONDS ($60,000).
Mr. Dawkins: Item 36, Mr. Rosencrantz, these bonds were lost and the company
that lost them is going to pay for all of the expenses.
Mr. Rosencrantz: Yes.
Mr. Dawkins: How are we assuring ourselves then when they are found that they
are useless?
Mr. Rosencrantz: We require that the underwriter provide an indemnity bond
to the City so that if the bonds are located, that the City is indemnified.
There is no cost to the City, nor is there any loss to the City.
Mr. Dawkins: How long is this bond in effect?
Mr. Rosencrantz: I am not sure. These bonds were issued in 1975, and I
imagine they are 20 year bonds, so I think it could probably be any time
within that 20 year period, so ...
Mr. Dawkins: No, what I am saying is, the indemnity is for how long?
Mr. Rosencrantz: For the life of those bonds that were lost ... for the life.
The City is fully protected on this, Commissioner Dawkins and it is a standard
process that most jurisdictions go through because the physical bonds
themselves do from time to time, get destroyed by fire, and they get
misplaced, and there is a process to replace those bonds physically. There is
no risk to the City. The City has an indemnity bond to cover it, so there is
no cost or risk to the City.
Id 19 November 26, 1985
ly
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Mr. Dawkins: Thank you. Move Item 36, Mr. Mayor.
Mr. Plummer: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its
adoption:
RESOLUTION NO. 85-1127
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF
CERTAIN CITY OF MIAMI, FLORIDA STORM SEWER IMPROVEMENT
BONDS, DATED MARCH 1, 1975, IN THE PRINCIPAL AMOUNT OF
SIXTY THOUSAND DOLLARS ($60,000) TO REPLACE LOST
BONDS.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
17. ALLOCATE AN AMOUNT NOT TO EXCEED $100,000 TO MAKE NEEDED IMPROVEMENTS AT
THE MARINE STADIUM.
Mr. Dawkins: On Item 39, the only thing I would like to say, Mr. Manager, is
that I read everything, and it didn't say nothing about upgrading the
bathrooms.
Mr. Plummer: Oh yes!
Mr. Dawkins: All right, that is all that I want ask - just be sure that we
include that in there, okay?
Mr. Plummer: Mr. Dawkins, for your edification, we have set priorities of the
Press box, the dressing rooms and the rest rooms. Any monies after that would
go to concession areas and landscaping.
Mr. Dawkins: Move 39.
Mr. Plummer: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its
adoption:
RESOLUTION NO. 85-1128
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$100,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, FOR THE PURPOSE OF MAKING NEEDED
IMPROVEMENTS AT THE MARINE STADIUM.
ld
20
November 26, 1985
■ r-
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
18. BID ACCEPTANCE: WILLARD SHUTTERS CO. FOR FURNISHING AND INSTALLING STOR14
SHUTTERS AT FOUR FIRE STATIONS FOR THE DEPT. OF BUILDING & VEHICLE
MAINTENANCE.
Mayor Suarez: On Item 34,
the installation
of the shutters at the fire
station, it seems like this
kept coming out of
the operating budget, Mr. City
Manager? 34, accepting the
bid to furnish and
install the storm shutters at
r the fire station, four fire
stations. My only
question is, is there any way
that this can come out of
capital improvement, existing bonds that we may
S have, as opposed to the
operating budget?
They sound like capital
improvements to me. I am not an accounting expert. Eddie?
Mr. Eddie Cox: Mr. Mayor, this particular item is coming out of my
department's maintenance budget. It is not coming out of any capital budget
in Fire Department. It is coming out of my department's maintenance budget.
Mayor Suarez: Couldn't we use some bond monies so we could have a little more
money available in our operating budget, because these are going to be long
term improvements. I would think they will last at least 10 years.
Mr. Pereira: Items to be used out of bond money, Mr. Mayor, have to be
identified, specified and such. You just cannot use their money.
Mayor Suarez: There are no sufficiently general bonding monies available?
Mr. Pereira: This is regular maintenance that we have to do, and it is just
factored as part of the budget.
Mayor Suarez: Okay, do we have a movement on this item?
Mr. Plummer: You pulled it, you move it.
Mr. Dawkins: You either move it, or delay it. It is up to you.
Mayor Suarez: I will move it - I'll move the item.
Mr. Dawkins: Second.
Mr. Carollo: There is a motion. There is a second. Any further discussion?
Hearing none, can you call the roll, Madam Clerk.
ld 21 November 26, 1985
�f\ T
.r
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 85-1129
A RESOLUTION ACCEPTING THE BID OF WILLARD SHUTTERS CO.
FOR FURNISHING AND INSTALLING STORM SHUTTERS AT FOUR
(4) FIRE STATIONS TO THE DEPARTMENT OF BUILDING AND
VEHICLE MAINTENANCE AT A TOTAL PROPOSED COST OF
$27,124.00; ALLOCATING FUNDS THEREFOR FROM THE FIRE,
RESCUE AND INSPECTION SERVICES 1985-86 OPERATING
BUDGET; AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THESE SERVICES AND MATERIALS.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
19. BID ACCEPTANCE: ORMONT GRAPHICS FOR 3,000 COPIES OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD 14AP TO THE DEPT. OF BUILDING & VEHICLE
MAINTENANCE FOR $5,360.
Mayor Suarez: Item 33 deals with the rather small procurement item here to
spend $5,360 for reprints of the Comprehensive Neighborhood map. My only
question is, is there any way to recover that cost, by charging for each one
of these. I worked it out to be $1.75 per item.
Mr. Sergio Rodriguez: We normally don't charge because we make it available
to the public for the number of things we are going to have on this.
Mayor Suarez: Would it be to create too much of a bureaucracy, to much of a
mess, to charge a couple of dollars per map?
Mr. Rodriguez: I think so.
Mr. Plummer: Our problem around here, Mr. Mayor is, when you charge $1.75, it
costs $2.50 to administer.
Mayor Suarez: That is what I was afraid of. I'll move the item.
Mr. Plummer: Second.
Mr. Dawkins: It is properly moved and properly seconded.
Mr. Carollo: Can you call the roll?
ld
22
November 26, 1985
0 f_
The following resolution was introduced by Mayor Suarez, who moved its
adoption:
RESOLUTION NO. 85-1130
A RESOLUTION ACCEPTING THE BID OF ORMONT GRAPHICS FOR
FURNISHING 3000 PRINTED COPIES OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD MAP TO THE DEPARTMENT OF
BUILDING AND VEHICLE MAINTENANCE AT A TOTAL PROPOSED
COST OF $5,360.00; ALLOCATING FUNDS THEREFOR FROM THE
1985-86 OPERATING BUDGET; AUTHORIZING THE CITY MANAGER
TO INSTRUCT THE ASSISTANT CHIEF PROCURE14ENT OFFICER TO
ISSUE A PURCHASE ORDER FOR THIS MATERIAL.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
20. DEFER CONSIDERATION OF PROPOSED ORDINANCE PROHIBITING USE OF OBSCENE OR
INDECENT MATERIAL OVER CABLE TELEVISION UNTIL STATE OF UTAH GOES TO THE
SUPREME COURT ON A SIMILAR CASE.
Mr. Pereira: Item 40... This is the City Attorney's item.
Mayor Suarez: We can blame this on the City Attorney?
Mrs. Dougherty: This was continued at the request of Commissioner Plummer at
the last meeting.
Mr. Plummer: Correct.
Mr. Dawkins: Well, do we still need to continue it, because I don't think
anybody knows any more now than they did before! Because I think, Madam City
Attorney, when we discussed it the last time, you said that we didn't stand a
chance of winning it in court.
Mayor Suarez: We said we didn't stand a chance of winning it in court?
Mrs. Dougherty: I said we had a better than 50% chance of winning.
Mr. Carollo: What item is that?
Mr. Dawkins: Item 40.
Mayor Suarez: It is the cable pornography ordinance.
Mr. Carollo: I would like to have this item deferred, Madam City Attorney. I
think we all need more time to ...
Mr. Plummer: I will second the motion, but under discussion. You know, we
are going to spend an awful lot of money in court, and I guarantee you, there
is no question, it is going to go to court. Madam City Attorney, I am going
to have to ask of you, do you feel that there is a better way of drafting,
with new wording, that you might have a better than fifty-fifty chance? I
mean, you know, it is a boy or a girl! In your estimation ... I know you have
ld 23 November 26, 1985
some high priced help from Washington and high priced help from everywhere,
but damn, I just think, you know, it is going to cost the City probably
$100,000 ...
Mr. Carollo: At least!
Mr. Plummer: ... to go into court with a thing where you are telling us that
it is fifty-fifty! Iffy! And I would much feel better if my City Attorney
went in with a thing that she says to me, "I can win this one, and I am
convinced of it, so I guess my question to you is, do you feel that there is
the need to revisit, to look at something differently, and if you need outside
help, that is one thing, but where you would have a better percentage of our
money being spent to recover. That is my question.
Mrs. Dougherty: Mr. Commissioner, I"11 look into it, and I will see if there
is some way to lessen the regulations and still achieve the objectives of
regulating indecency on cable television, if that is your desire. I am sure
there is a way to weaken the ordinance, and make it stronger legally, if that
is what you want to do.
Mr. Plummer: Well, I am not going to say any more other than the fact that I
just don't like the percentages that you are telling me that you are going in
s the door with.
Mrs. Dougherty: Well, I don't have good percentages because at this point,
every Federal Court that has looked at it has found that cities cannot
regulate indecency on cable television. We are looking to get to the Supreme
Court, and in fact, what you may want to consider is waiting until the State
of Utah gets to the Supreme Court. They have the exact same situation and the
same lawsuit that we are now pursuing. It is pending in their Federal Courts
' and they are looking, and they are attempting and seeking to get to the
Supreme Court for a final decision on it.
Mr. Plummer: Are you then indicating to me that we are trying to re -invent
the wheel, or duplicate the wheel?
Mrs. Dougherty: I am telling you that we are not re -inventing the wheel, but
we did change the regulations that were declared unconstitutional by our
Federal Court. We did not seek to go to the Supreme Court because we had some
very major infirmities, mainly the due process requirement. We have changed
it. If you want to go through the Federal Courts again and attempt to get to
the Supreme Court, then I am saying to you, you have a better than fifty-fifty
chance. You may want to consider waiting until the Utah case comes to the
Supreme Court.
Mr. Plummer: My final question to you is, give me an estimate. You have been
through this process once and lost. Give me an estimate of what you think the
cost factors involved would be if we pursued as it stands today. What are the
last ...
Mrs. Dougherty: It would not cost you anything for our attorneys fees...
Mr. Plummer: I understand it will cost me a lot for your services!
Mrs. Dougherty: ... but it will cost you money if we lose.
Mr. Plummer: All right, what did it cost us the last time around?
Mrs. Dougherty: I don't have a number yet.
(� Mr. Plummer: Ball park.
Mrs. Dougherty: Probably $75,000 to $100,000 ... it will cost you. It hasn't
cost you anything yet.
I
Mrs. Kennedy: Mr. Mayor Madam City Attorney, how many cities in the
United States have won restricted clauses in keeping channels such as this -
Playboy Club, or Playboy channels from local television stations?
Mrs. Dougherty: There are no other cities, only the State of Utah.
ld 24 November 26, 1985
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Mr. Carollo: I think there is a reason that we really need to defer it. We
need to give the City Attorney more time to look at the possibilities, because
I feel like J. L. does - if we are going to spend $100,000, and that is very
conservative. it is probably a lot more than that in attorney's fees, so I
want to have a better than a fifty-fifty shot at winning, and I think when the
City Attorney says fifty-fifty, the weight is really against us.
Mayor Suarez: Let me ask you a question, Madam City Attorney, for
clarification ... go ahead!
Mrs. Dougherty: Perhaps the answer is for us to wait until the State of Utah
has completed its process through the courts, because if the Supreme Court
finally decides in favor of the State of Utah, then we can go in and pose an
ordinance of our own.
Mayor Suarez: Our ordinance almost exactly mirrors theirs?
Mrs. Dougherty: Yes.
Mr. Carollo: I would rather do that, myself.
Mayor Suarez: It makes a lot of sense. Let me ask you a question. I know
a
that our existing cable company is in fact, providing now the Playboy channel
and that 50% of new subscribers are asking for it. Would this ordinance
prohibit that programing, or are you not sufficiently factually aware of that
to make that ...
Mrs. Dougherty: This ordinance does not prohibit any programing per se. What
it says is if what they put on television becomes in our opinion, or in the
opinion of the court, indecent, then we can enjoin them, or prosecute them, so
no programing ...
Mayor Suarez: Why is that word "indecent" used? Is that because of the
constitutional definition of some sort?
Mrs. Dougherty: Well already obscenity is not permitted anywhere. There is a
state law against obscenity ...
Mayor Suarez: I see, so we are going beyond that.
Mrs. Dougherty: ...so, this attempting to go something further than obscenity
in restrictions.
Mayor Suarez: Because I would consider a lot of what is on television
indecent, simply because it is so poor, but that doesn't mean that....
Mrs. Kennedy: The way I see it, Mr. Mayor, and correct me if I am wrong, the
way I interpret this, we are talking about a First Amendment right.
Mrs. Dougherty: That is correct.
Mayor Suarez: One other question, Madam City Attorney ... Commissioner
Kennedy, do you want to elaborate?
Mrs. Kennedy: No.
Mayor Suarez: I received, and I don't know if the rest of the Commission - I
forget if the rest of the Commission received a memorandum, a rather extensive
legal memorandum from attorney Terry Beanstalk, who by the way, used to be my
associate, explaining why this ordinance was unconstitutional. Number one,
who is he representing in this matter, if anyone, because his letter - his
cover letter did not identify that he was representing anyone.
Mrs. Dougherty: He did appear here, and he appeared here as a private citizen
at one time, I think at your last Commission meeting, but he does generally
represent HBO, and did so in our litigation.
Mayor Suarez: Do you know if he is like attorney of record in this particular
matter at this particular point? I strongly suggest that you tell him to
identify his client in his correspondence because it seems like I ...
ld 25 November 26, 1985
T
Mrs. Dougherty: He appeared here the last time and was not representing
anybody, but was appearing as a private citizen.
Mayor Suarez: As a private citizen last time? Okay, we have a motion to
defer, I believe, on the floor, do we not?
Mr. Carollo: That is correct.
Mr. Plummer: Well, I think let's clarify the motion so there is no
misunderstanding. I think that it is in order that it be deferred until the
decision is handed down at the Utah case, and then we would reconsider it at
that time ... so just to clarify the motion.
Mayor Suarez: Obviously, Commissioner, if the Utah case ...
Mr. Plummer: Let them pay for it!
Mayor Suarez: ... took an indefinite period of time, that doesn't mean we
would not revisit the item.
Mr. Plummer: You can revisit an item at any time.
' Mayor Suarez: Okay, you just want to clarify that? That is the intent of this
motion? Then I can vote for it? Any further discussion on the motion? Call
a
the roll, please.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-1131
A MOTION DEFERRING CONSIDERATION OF A PROPOSED SECOND
t READING ORDINANCE PROHIBITING THE USE OF OBSCENE OR
INDECENT MATERIAL OVER CABLE TELEVISION UNTIL THE
STATE OF UTAH GOES TO THE SUPREME COURT ON A SIMILAR
CASE AND A DECISION IS REACHED BY SAID COURT.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
21. CONGRATULATE UNIVERSITY OF MIAMI FOR ITS SUCCESSFUL FOOTBALL SEASON WHICH
CULMINATED IN AN INVITATION TO PLAY IN THE SUGAR BOWL ON JANUARY 1, 1986.
Mr. Plummer: Mr.. Mayor, I believe that I would like to offer a motion at this
time that this City Commission go on record of congratulating the University
of Miami for landing a berth in the Sugar Bowl and that this City wishes them
the very best and the greatest success on their endeavors on New Year's Day.
I will offer that in the form of a motion.
Mr. Suarez: And as a friendly amendment, I will add that this is not a pocket
item, to satisfy anyone's concerns in that respect.
Mr. Plummer: No, sir! It came right out of my shirt.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion on the motion? Call the roll.
.,t.
Id 26 November 26, 1985
r
A
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1132
A RESOLUTION EXTENDING THE MIAMI CITY COMMISSION'S
WARMEST CONGRATULATIONS TO THE UNIVERSITY OF MIAMI FOR
ITS SUCCESSFUL FOOTBALL SEASON WHICH CULMINATED IN AN
INVITATION TO PLAY IN THE SUGAR BOWL ON JANUARY 1,
1986.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
a Commissioner J. L. Plummer, Jr.
.i Vice -Mayor Joe Carollo
y
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
22. ADD NEW ARTICLE IV. "MIAMI VESSEL MOORING CODE" TO CHAPTER 50 OF THE
CODE.
{
t
Mr. Pereira: Item 41, Mr. Mayor, this is Second Reading of this ordinance and
this ordinance supplements the State and County legislation related to this
matter of vessel mooring code. Mr. Rodriguez is here to answer any questions
you might have.
Mr. Plummer: Mr. Mayor, ask if anyone wishes to speak. If not, I will move
it - 41.
Mayor Suarez: Is there anyone here wishing to speak on this item - for or
against? Otherwise, we will go ahead and ...
Mr. Plummer: Let the record reflect that no one came forward, and as such, I
move Item 41 on second reading.
Mrs. Kennedy: Second.
Mr. Plummer: Read the ordinance.
(AT THIS POINT, CITY ATTORNEY READS ORDINANCE INTO THE PUBLIC RECORD, AS SHOWN
HEREINBELOW)
Mayor Suarez: Just for a point of clarification - is this the same item I
read about in today's paper, I believe, where one of our State of Florida
congressman suggested that we dynamite the vessels, sink them, and then remove
them?
I Mr. Plummer: No, that is in the river.
Mayor Suarez: That is in the river? ... because I thought that the opposite
procedure ought to be followed - first we ought to remove them, and then
dynamite them, instead of sinking them first and trying to remove them. Okay,
any further discussion on this item? Call the roll.
ld 27 November 26, 1985
AN ORDINANCE -
AN ORDINANCE AMENDING CHAPTER 50, ENTITLED "SHIPS,
VESSELS, AND WATERWAYS," OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY ADDING THERETO AN
ADDITIONAL ARTICLE IV, ENTITLED "MIAMI VESSEL MOORING
CODE." REGULATING VESSEL MOORING ACTIVITIES IN CITY
WATER, INCLUDING THE SETTING OF REQUIRED STANDARDS FOR
VESSEL MOORING; PROVIDING FOR IMPOSITION OF PENALTIES;
DECLARING VESSELS IN VIOLATION OF STANDARDS TO BE A
NUISANCE; PROVIDING FOR ABATEMENT OF UNLAWFUL MOORING
PRACTICES AND AUTHORIZING CIVIL ACTION TO COLLECT
COSTS OF ABATEMENT; FURTHER PROVIDING THAT THE MOORING
CODE PERTAINS TO THE MOORING OF ALL VESSELS;
PROHIBITING THE OBSTRUCTION OF NAVIGABLE CHANNELS;
PROVIDING SEPARATE MOORING REQUIREMENTS FOR VESSELS OF
VARYING LENGTHS; FURTHER CREATING AN IMPOSING SPECIAL
ASSESSMENT LIENS IN FAVOR OF THE CITY FOR THE EXPENSES
OF REMEDIAL ACTION WHERE MOORED VESSELS CONSTITUTE
PUBLIC NUISANCES; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of October 24, 1985,
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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10055.
s -
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
23. AMEND CODE SECTIONS 30-53, 30-54 AND 30-55 BY REVISING FEE SCHEDULE FOR
USE OF CITY GOLF COURSES, ESTABLISHING A MONTHLY PRE -PAID MEMBERSHIP FEE,
ETC.
Mayor Suarez: Item 42, Mr. City Manager?
Mr. Pereira: Item 42, is first reading an ordinance relating to the items in
the golf course. This is our recommendation, Mr. Mayor, that a golf ...
a
Mr. Plummer: I move item 42.
Mr. Dawkins: Second.
i Mayor Suarez: We were going to ask if anyone from the public here that wants
to speak for or against this item? ... and reflected for the record if there
' is no one. We have the item moved and seconded. Any further discussion from
the Commission? Read the ordinance, please.
1
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}
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ld 28 November 26, 1985
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING SUBSECTIONS (A)(2) AND (B)(1)
AND (2) OF SECTION 30-53 ENTITLED "GREEN FEES" AND
SUBSECTIONS (A)(1) AND (2) OF SECTION 30... ENTITLED
a
"CART FEES" AND SUBSECTION 30-55 ENTITLED "SPECIAL
RATES" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY REVISING THE FEE SCHEDULE FOR CITY OF
MIAMI GOLF COURSES, AND FURTHER, ESTABLISHING A
MONTHLY PRE -PAID MEMBERSHIP FEE OF $40.00, AN ELECTRIC
CART RENTAL OF $9.00 FOR THE THIRD MEMBER OF A
'
THREESOME WHEN TWO CARTS ARE RENTED, MANDATORY RENTAL
OF ELECTRIC GOLF CARTS ON SATURDAY, SUNDAY AND
HOLIDAYS, YEAR ROUND FROM OPENING TO 10:00 A.M.
AUTHORIZING THE CITY MANAGER TO OFFER DISCOUNT COUPONS
AD/OR PROMOTIONAL OFFERS IN CONNECTION WITH GOLF
COURSE FEES AND CHARGES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Commissioner
Dawkins and was passed on its first reading by title by the following vote-
"
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
;f
'
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
a
i
WHEREUPON,
THE CITY COMMISSION WENT
INTO A RECESS AT
10:13 A.M.
RECONVENING AT 10:24
A.M. WITH ALL
a
MEMBERS OF
THE COMMISSION FOUND TO
BE PRESENT EXCEPT
Commissioner Dawkins and Vice -Mayor
Carollo.
i
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a
NOTE FOR THE RECORD:
CITY MANAGER SERGIO PEREIRA LEFT THE NESTING AT 10:13
3
A.M.
24. AMEND 9500 BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 267
S.W. 18 ROAD AND 1768-1776 S.W. 2 COURT FROM RS-2/2 TO CR-2/7.
------------------------------------------------------------------------------
Mayor Suarez: Are we ready to proceed? The meeting is called to order once
again. We will begin with Planning and Zoning items - item number 1.
Mr. Sergio Rodriguez: Mr. Mayor and members of the Commission, for the
record, my name is Sergio Rodriguez, Planning Department. Item number 1 is a
second reading. The petition is requesting a chance of zoning classification
from RS-2/2 to CR-2/7 for a property at located at 267 S. W. 18 Road. The
Planning Department recommended denial of this item. The Zoning Board
recommended approval, but this was passed on first reading unanimously by the
> Commission. As part of this item, the applicant voluntarily proffered $5,000
donation to improve to the Marina Stadium and we received a check for that
amount. It is in the administration. If you want, I can go into more details,
but I think, because it is a second reading at this point, I rest my case.
Mr. Plummer: I move item 1.
Mrs. Kennedy: Second.
Mayor Suarez: I am disposed at this point to follow the recommendation of the
Planning Department against it, so I believe that it would behoove the
applicant to address the concerns of the Planning Department.
NOTE FOR THE RECORD:
A.M.
DAWKINS RE-ENTERED THE MEETING AT 10:25
Mr. Robert Traurig: Thank you. Mr. Mayor and members of the Commission, my
name is Robert H. Traurig. I am an attorney with offices at 1401 Brickell
Avenue. The property which is the subject of this hearing is property at
Coral Way, actually, S. W. 3 Avenue and 18 Road. It is shown on your map as
that dark parcel contiguous to which is the Coral Way frontage that has the 17
in the middle of it. The property, as viewed in this aerial photograph, is
this parcel of property, the Coral Way frontage being here, and it is already
zoned CR-2. We are talking about the back property that backs up to I-95.
There is a very small, triangular piece that is owned by the De LaGuardia
Realty in the back of this property, which is also zoned CR2/7.
NOTE FOR THE RECORD: VICE -MAYOR CAROLLO RE-ENTERED THE MEETING AT 10:26 A.M.
Our argument basically was that there has been a history in the City of Miami
of extending properties that front that major arterials so that there can be
a consolidation and a unification of parcels to make a larger development
parcel so that the properties can be developed th a great amenity package.
When we made our presentation to the City, we voluntarily proffered the
contribution to the Marine Stadium landscaping, which we have now implemented
by the delivery of a check to the City. With regards to the arguments that
were made by the Planning Department in the recommendation, I would call to
your attention that they have said that the approval of this application would
not be in conformity with the Comprehensive Plan, but I would point out to you
that the comprehensive plan failed to take into the consideration the
development pattern in the area, the recent City zoning trend, which approved
a number of different applications that deepened the lots that were on Coral
Way, such as the property where WQBA is now being developed property at 22nd
Road, I believe, all of which has been approved because the approval would
afford the opportunity for a better development through a unified parcel,
rather than just to utilize the back part for parking, which the Planning
ld
30
November 26, 1985
Department recommended. The Planning Department said that because we have a
transition right, we can have parking in the back, and our argument to the
City Commission at first reading, and to the Zoning Board, was if they are in
favor of the parking in the back, let's do it all in the form of one unified
zoning classification, rather than have separate zoning classifications for
the front and for the back. Also, we have a unique lot. We back up to I-95.
The lot shape and the buffer make this a very unique parcel. We do not
adversely impact any property within the City of Miami because we back up to
the I-95 corridor. Yes?
Mayor Suarez: Bob, just as a way of further identifying - what is that large
building that I see, fairly close to the property?
Mr. Traurig: This is a building - it is a nine -story building owned by Futura
Realty. If you were going north on 3rd Avenue, this building is at 18th Road.
Our property is immediately to the north of it and this is the I-95 corridor
and this is the Pantry Pride property.
Mr. Carollo: Bob, how far back on that map does the property go?
Mr. Traurig: We are only really talking about these lots. This is already
zoned CR-2/7.
Mr. Carollo: I know.
Mr. Traurig: It goes back to this point.
Mr. Carollo: up to that point there?
Mr. Traurig: Yes.
Mr. Carollo: In comparison to the R.F.P. that the Pantry Pride site has next
door, as it was approved originally a couple of years ago I believe, how does
that compare with this property?
Mr. Traurig: This property would be developed with a much less intensive
development than that property has the potential to be developed for. So
basically, I think that the Zoning Board recognized that it makes a more
viable parcel to rezone this back portion and get rid of the dilapidated old
building - 50 year old building on the site, and the City Commission at first
reading acknowledged that and voted five to zero. We urge you to approve it
on second reading.
Mayor Suarez: First of all, Madim City Attorney, do we entertain at this
point any comments from the audience, is that proper?
Mrs. Dougherty: Yes.
Mayor Suarez: Do we have anyone that wants to speak on behalf or against?
Sergio, any further instructions, advice, whatever?
Mr. Rodriguez: No, Sir, I made my prese•tation already.
Mr. Carollo: Mr. Mayor, I move that we approve this item on second reading.
Mayor Suarez: Do we have a second?
Ms. Hirai: It has been moved and seconded.
Mr. Carollo: J. L. moved it? No, problem, so long as it is moved.
Mayor Suarez: Okay, it is moved and seconded. I want to say something very
briefly before the vote. It is an honor to have you, Mr. Traurig, as the
first attorney presenter in my commission as Mayor - in my tenure as Mayor. It
is an honor to wear your law firm's tee shirt in my first official basketball
outing in Miami Dade Community College. It will be an honor for me to vote
against you in your first item presented to us. I believe in the absence of
any further discussion, we are ready to call the roll.
Mr. Carollo: Bob, may you have better luck in your items than the Mayor's
basketball team! It was a close game though.
4
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a ld 31 November 26, 1985
r
Mr. Plummer: Bob, don't give me any T-shirts!
Mayor Suarez: I want to say we have always won whenever I played with your
team, The 3-on-3 Lawyer's League. We won every year, so ...
Mr. Carollo: Xavier, let me say this - that it Is not just pure luck that Bob
was the first attorney before you. You will probably find that half of the
items on today's agenda he will be representing, or his law firm.
Mayor Suarez: He may get a lot of "no" votes from me, I don't know! Call the
roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE 'ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
s
APPROXIMATELY 267 SOUTHWEST 18TH ROAD AND
APPROXIMATELY 1768-1776 SOUTHWEST 2ND COURT, MIAMI,
FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN) FROM RS-
2/2 ONE FAMILY DETACHED RESIDENTIAL TO CR-2/7
COMMERCIAL RESIDENTIAL (COMMUNITY) 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.
Passed on its first reading by title at the meeting of October 24, 1985,
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 Miller J. Dawkins
?
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: Mayor Xavier L. Suarez
ABSENT: None.
ON ROLL CALL:
Mr. Carollo: Let me clarify why I am voting "yes" on this item. Bob, if you
could show that picture to the audience, the side that is called the Pantry
Pride side, which is over the I-95 interstate, can you point to that, Bob?
That was rezoned a couple of years ago by the Miami City Commission for a size
that is much, much more dense than anything that we are approving in the other
side across the street. The City of Miami has to be very careful in the growth
that it has. At the same time, we have to be practical and we have to look to
the future and we have to try to have orderly growth and progress in the City
of Miami. That area right now, is a very changing area. That is one of the
main arteries to Brickell, to downtown Miami, and in fact, from that point in
Coral Way, all the way to the entrance to Miracle Mile, that has become a main
artery of orderly change, I think that by us rezoning places like this that
basically the neighborhoods are in favor of, it goes along with what we have
accomplished in Brickell and in the surrounding South Miami area. That would
be an orderly process that will enhance the progress in the future of the City
of Miami, and at the same time, will help what all of us in this Commission
are trying to accomplish, and that is to lower the tax base for the individual
homeowner, and that is the key. We are out of land in the City of Miami,
unlike parts of Dade County, to build any additional major developments of
single family homes, so the only way that we can really grow is up, and I
think locations like this are the ones that are suitable for Miami to progress
into the 80's and to the 90's in an orderly process. I vote "yes".
Mayor Suarez: I vote "no" I want to say something at this point on
procedural items. On my being elected Mayor, I was given promptly a manual of
legislative procedure by Mason that we are supposed to apply at these
ld 32 November 26, 1985
Commission meetings. I believe it is Code -mandated. It has absolutely no
applicability to municipal meetings such as this and it would require all of
the Commissioners who want to be recognized to stand up before they are
recognized. Obviously we are riot going to follow that, except in this
particular instance. There is also an unwritten rule that allows each
Commissioner and the Mayor to explain his vote and we will maintain that so
long as the explanation is reasonable in length and I so advise the rest of
the Commission. Thank you, Mr. Traurig , by the way.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10056•
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
25. DISCUSSION OF SOUTHEAST OVERTOWN/PARK WEST COMMUNITY DEVELOPMENT PLAN TO
EXTEND REDEVELOPMENT BOUNDARIES. (SEE LATER R-85-1143, label #43)
r Mayor Suarez: We have a request, Commissioner Plummer, to have an item to be
taken out of order. My general feeling is to proceed with the agenda as is
stated and I will so do generally. The request is the based on the following
and 1 will open it up for procedural discussion, if you don't mind, and that
way, we will hear your feelings on it. I will believe on item 15, Mr. Pierce,
4 we have a number of people here that are waiting - distinguished attorneys and
members of the com.aunity, such as Marty Fine and Bob Traurig are here, I
believe, to be heard on the item which is being proposed by one of our own
departments, I believe. Do you have any feelings one way or the other on
that, Commissioner Plummer, to take it out of order so that they don't have to
wait any longer?
Mr. Plummer: Mr. Mayor, you did not choose to elect at the beginning of this
meeting, the policy that i►as been present before which I will tell you I think
is a good policy, and from the beginning of the agenda the Mayor has always
announced that he would entertain any emergencies, or withdrawals or
deferments at the beginning of the meeting. Now, if in fact, on item 15 there
is an emergency, then this Commission would accept by a vote, as to whether or
not to take it out of order. I have not heard the emergency so stated. Mr.
Traurig, you say, is here, and I know he is going to be here quite a bit of
this day. Marty Fine, I love him dearly, and if there is an emergency, I
think it should be presented to this Commission and this Commission would vote
to take it out of order or not. I think that would be proper.
Mayor Suarez: Any Commissioners have any feelings on this one way or the
other?
Mr. Carollo: That is been the policy that this Commission has always
followed, Mr. Mayor, and I am certainly in favor of sticking to that policy.
Mayor Suarez: Which is that?
Mr. Carollo: As Commissioner Plummer explained it.
Mr. Plummer: If this is an emergency, let them present their case, and then
this Commission, if they wish ... no action on the Commission ...
Mayor Suarez: I understand that in the past ... you have almost argued
against yourself because you said that in the past and I know that this has
been the practice of a lot of people who were here present on an item,
sometimes it would be taken out of order to accommodate them. I have
generally expressed a feeling against that past practice, and I think we all
agree on that. This may be an exception to that. It is not an emergency, I
am just saying it is an exception because we have some people in the audience
who would otherwise be engaged in their law practices and businesses. They
Y'
are here on a public interest matter. They are not here promoting any of
their own agendas and it is also one of our own department's request. On the
strength of that, I would be disposed to use the Chair's prerogative and hear
the item, but if you have any strong objections, please voice them.
ld 33 November 26, 1985
Mr. Carollo: The few times that we didn't follow the rule that Commissioner
Plummer explained that this Commission followed were at times when we had an
item, let's say, that had 80 -100 people here and Chambers were so crowded
that it was practical to bring it ahead to alleviate the crowds that we had
here before us. Those were the only very few times that we did that,
otherwise we followed the rule that this Commission had previously established
as Commissioner Plummer explained.
Mrs. Kennedy: Mr. Mayor, could we find out how many people are here on this
item?
Mayor Suarez: On item 15 is S. E. Overtown Park West Community Development
Plan, I believe it is an inclusion of additional property in that project.
Mr. Herbert Bailey: Mr. Mayor, if I may speak. Members of the Commission, I
did respectfully make this request due to the nature of this transaction, and
due to the heavy commitment that we will be indicating this private sector
person will be making in terms of financing our over all project, and because
they have indicated that they have been notified that the item would appear
about 10:30 A.M., and that they had other engagements and would perhaps not be
here at the time this item would come up, and I thought for the convenience of
this Commission, that if there were any questions as to the commitment. that
is being made in terms of the millions of dollars that will be spent as a
result of this item and this extension to the project area, that you should be
afforded to hear from them to the extent that they are committing to get
involved in this process.
Mr. Plummer: There is only one problem, Mr. Bailey. We have 13 other items
in which all of these public are sitting here waiting to be heard. When you
start deviating one, unless there is a true emergency, then there is no reason
when you set the precedent, that you don't deviate on every one and I think
these people have the right to be heard in an orderly fashion. Listen, I am
for the item. If there is an emergency I will vote to have the item brought
up now.
Mr. Martin Fine: Mr. Mayor, if I may, for the record, my name is Martin Fine,
2401 Douglas Road. In an effort to move this meeting along, we will just
withdraw that emergency. We had one, we will just sit here and wait. The
only thing we request is if it is not going to heard by 12:00 noon, could you
tell us as the morning goes on, and we will come back some time soon.
Mayor Suarez: I believe that it will be, particularly if we don't get
involved in any more procedural entanglements and too much history of past
City Commission meetings.
Mr. Fine: This item is too important to the City and to us not to ...
Mayor Suarez: Thank you, Mr. Fine. Thank you, Martin.
26. AMEND 9500 BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 340-
352 N.E. 32 STREET AND 335-415 N.E. 31 STREET FROM RG-3/6 TO CR-3/7.
Mayor Suarez: All right, let's proceed then, on item 2.
Mr. Sergio Rodriguez: For the record, my name is Sergio Rodriguez, Planning
Department. This item is for second reading also. It is for change of zoning
from RG-3/6 to CR-3/7 in approximately 340-352 N. E. 32nd Street and
approximately 335-415 N. E. 31st Street. The Planning Department recommended
approval of this item. The Zoning Board recommended approval unanimously, and
the Commission, on first reading also passed it unanimously. There were some
issues that were still a little bit unresolved in relation to the covenant.
We have reviewed the covenant and they incorporate all of the concerns that we
had that dealt with the construction of the street, the maintenance of the
mini -park, and the dedication of the area for the road construction.
Mr. Plummer: Tell me more about the covenant. What did they volunteer?
ld 34 November 26, 1985
_I
Mr. Rodriguez: Let me get a copy from our attorney, the latest copy.
Mr. Plummer: You know what I am looking for. What did they volunteer?
Mr. Rodriguez: They are building a street in the back - they are dedicating
the land.
Mr. Plummer: That is fine. That is to their benefit. What are they
volunteering for the City's benefit?
Mr. Rodriguez: Commissioner Plummer, in the previous meeting ...
Mr. Plummer: Sergio, you know what I am looking for!
Mr. Rodriguez: There has been no dedication of any funds to improve any parks
for the City ...
Mr. Plummer: Thank you, sir.
Mr. Rodriguez: ... other than they improved a park in the back of this site
that they are building and maintaining.
Mr. Plummer: That is adjacent to their property.
Mr. Rodriguez: Yes, sir.
Mr. Plummer: Which will primarily be used by their building.
Mr. Rodriguez% It will be open to the public.
Mr. Plummer: But it is primarily to be used by their building.
Mr. Rodriguez: Yes, sir.
Mr. Plummer: That is fine. I think that is great.
Mr. Carollo: Bob, I guess you didn't have the opportunity to speak to the
Planning Department and volunteer what ...
Mr. Plummer: Bob doesn't have to speak to the Planning Department.
Mr. Robert Traurig: May I introduce myself - Robert H. Traurig, 1401 Brickell
Avenue. I would like to respond to Commissioner Plummer. We have not, as in
some applications, requested a closure of a road, or special consideration
from the City. What we are in fact doing, is opening up a road, creating a
new N. E. 4th Avenue from 31st to 32nd Street, building it at our expense;
and in addition, we are creating a small mini -park on the N. E. corner of our
property, which is open to and accessible to the public. We did not negate
..
Mayor Suarez: Bob, if I may interrupt you. How will we know that it will be
open and accessible to the public? Will there be a sign posted to that
effect, or ...?
Mr. Traurig: Well, we would be happy to do that. The covenant that we have
given to the City has said that it will be constructed at our expense and open
to and accessible to the public. We have not made a dollar contribution. It
had never been suggested to us by any of our consultants that we make a dollar
contribution, but we have in fact, made a very substantial contribution to the
City in the form of both the road, and the little park.
Mr. Plummer: That is great. I think that is super. Is there anything else
that you wanted to say before we defer the item?
Mr. Traurig: And in addition, we would like to amend our covenant and
voluntarily proffer an additional $2,500 for park equipment at the nearest
public park to this property.
Mr. Plummer: Which is the nearest park, Commissioner Dawkins?
Mr. Dawkins: The nearest park? Clemente Park.
ld
35
November 26, 1985
i
4
Mr. Rodriguez: Commissioner Plummer, if they are going to proffer a
covenant...
Mayor Suarez: Couldn't we take it as a general contribution so it would be
apportioned by our Parks Department?
Mr. Rodriguez: Park Improvement Trust Fund.
Mr. Plummer: Well, it has to be a volunteer, of course.
Mayor Suarez: I understand that. You did that very well.
Mr. Rodriguez: The covenant proffering the contribution should be made to the
Park Improvement Trust Fund.
Mr. Traurig: That is what my intention was, yes, sir.
Mr. Plummer: I am glad you clarified that, for Mr. Traurig, and of course,
Commissioner Dawkins has said — what park is the need?
Mr. Dawkins: Clemente.
Mr. Plummer: Clemente Park.
Mayor Suarez: I will certainly second that concern. It has nothing to do
with the presenter's item, but that park really needs improvement. Any
further discussion?
Mr. Plummer: I move item 2.
Mr. Carollo: I second the motion.
Mr. Traurig: Before the vote is taken, may I call one thing to your
attention? There are two small, little out parcels that have to still be
acquired by the applicant. They are part of this application, but our site
plan has not actually taken them into consideration with regard to the
magnitude of the project. We may, in the future, come back for a slight
modification of the project. We only want to call that to your attention.
Mr. Plummer: Always like to see you, Mr. Traurig.
Mr. Traurig: ... future come back for a slight modification of the project.
We only want to call that to your attention.
Mr. Suarez: Read the ordinance please. Madam City Attorney before you take
the vote clarification on potential conflict. I don't think it is, but just
to be sure to have it on the record. Does the fact that my brother works for
the architect in this project and I presume the architect has no financial
interest other than as a consultant is that correct Mr. Bermello. Does that
pose any conflict for me in voting.
Mr. Dougherty: No, sir, Mr. Mayor.
Mr. Suarez: Thank you.
Mr. Plummer: Wait a minute, I protect that. How come you don't ask him the
same question you ask me?
Ms. Dougherty: Because he answered the question before I asked it.
Mr. Plummer: What's your name?
Mr. Suarez: Call the roll.
M
Id
36
November 26, 1985
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 340-352 NORTHEAST 32ND STREET AND
APPROXIMATELY 335-415 NORTHEAST 31ST STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
3/6 GENERAL RESIDENTIAL TO CR-3/7 COMMERCIAL -
RESIDENTIAL (GENERAL) MAKING FINDINGS; AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE. NO. 21 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 October 24, 1985,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Carollo, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10057.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
27. AMEND 9500 BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 2490
N. W. 14TH STREET FROM RG-1/3 TO RG-2/5.
Mayor Suarez: Item 3.
Mr. Rodriguez: Item #3 is also a second reading. It's for a change of zoning
from RG-1/3 to RG-2/5 on a property located in 2490 Northwest 14th Street.
The Planning Department recommended approval. The Zoning Board recommended
approval and this item was before you and moved on first reading on October
24th of 1985.
Mayor Suarez: The applicants present, could you introduce yourselves?
Mr. Luis Iglesias: Luis Iglesias, 2490 Northwest 14th Street.
Mr. Manuel Iglesias: Manuel Iglesias, 2490 Northwest 14th Street.
Mr. Robert Chisolm: My name is Robert Chisolm, architect, 265 Aragone. I
will translate whenever it's necessary.
Mayor Suarez: Is there any opposition or anyone who wants to speak on behalf
or against this item?
Mr. Plummer: I move Item 3.
Ms. Carollo: Second.
Mayor. Suarez: Any further discussion, call the roll.
I
Id 37 November 26, 1985
f f
It", ..Cq
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 2490 NORTHWEST 14TH STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO RG-2/5
GENERAL RESIDENTIAL MAKING FINDINGS; AND BY MAKING ALL
THE. NECESSARY CHANGES ON PAGE. NO. 25 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 October 24, 1985,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Carollo, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10058.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
28. AMEND 9500 BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 2504
N. W. 14TH STREET FROM RG-1/3 TO RG-2/5.
Mayor. Suarez: Ready to move on Item 4?
Mr. Rodriguez: Item #4 is also a second reading. It's for a change of zoning
from RG-1/3 to RG-2/5 in a property located in 2504 Northwest 14th Street.
The Planning Department recommended approval. The Zoning Board recommended
approval. It's the property adjacent to the previous one. Item #3.
Mayor Suarez: Is there anyone that want's to speak on behalf or against this
item?
UNIDENTIFIED SPEAKER: I'm the applicant.
Mayor Suarez: Other than the applicant, if it's not necessary.
Mr. Plummer: I move Item 4.
Mr. Carollo: Second.
Mayor Suarez: Read the ordinance please. Call the roll.
ld
38
November 26, 1985
4
0
■ r
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF
MIAMI,FLORIDA, BY CHANGING THE ZONING CLASSIFICATION
OF APPROXIMATELY 2504 NORTHWEST 14TH STREET, MIAMI,
FLORIDA, (MORE PARTICULARLY DESCRIBED HEREIN) FROM RG-
1/3 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO RG-2/5
GENERAL RESIDENTIAL MAKING FINDINGS; AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 25 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 October 24, 1985,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Plummer, seconded by Commissioner Carollo, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote-
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10059.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
t to the public.
29. AMEND 9500 BY APPLYING HC-1: GENERAL USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO THE DADE COUNTY COURTHOUSE.
Mr. Carollo: Move Item 5.
Mr. Plummer: Second.
Mayor Suarez: On discussion. I just simply want to know if there is any...
if Madam City Attorney has thought about the possibility there may be any tax
benefit to the City in anyway from the declaration of historic site at the
Courthouse?
Ms. Dougherty: It would be a Dade County benefit.
Mayor Suarez: So, it's... I didn't know it was to their benefit, not our.
What is the...
Ms. Dougherty: If they used it for private purposes.
Mayor Suarez: What is the proposed use of the Courthouse? Are they
eventually going to take all the courts out of there and move them to the new
County building. Do we know?
Ms. Dougherty: I believe the Court House will remain the Courthouse and
expand into the building.
Mr. Plummer: Xavier, the County didn't want this. We want it so they can't
tear it down or change it. It's our request.
Mayor Suarez: So, it's basically, as Commissioner Plummer is clarifying, it's
our request so that the County cannot tear it down and convert it into
Id 39 November 26, 1985
■
something that is an eye sore. Instead we have this rather historic and
charming building.
Mr. Rodriguez: Basically, before they can do anything they have to get an
approval and that takes about six months to go through and in that process you
will be consulted.
Mr. Pierce: Mr. Mayor, to answer you question further though, the Dade County
Court system is expanding throughout that building and the majority of the
administrative offices will be removed to the new administration building.
Mayor Suarez: The court will go to the new building and the courts will stay
in the old building. Ok. We have an item on the floor and it's been moved.
Do we need to read an ordinance? Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE 'ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY APPLYING THE HC-1: GENERAL USE HERITAGE
CONSERVATION OVERLAY DISTRICT TO THE "DADE COUNTY
COURTHOUSE," LOCATED AT 73 WEST FLAGLER STREET, (MORE
PARTICULARLY DESCRIBED HEREIN); MAKING FINDINGS;
ADOPTING AND INCORPORATING BY REFERENCE THE
"DESIGNATION REPORT," AND BY MAKING ALL THE NECESSARY
CHANGES ON PAGE NO. 36 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 24, 1985,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Carollo, seconded by Commissioner Plummer, the
Ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10060.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
30. CONTINUE CONSIDERATION FOR CHANGE OF ZONING AT 4000-5299 N.W. 17 AVENUE
FROM CG-1/7 TO CR-2/7 TO JANUARY 23, 1986 AT 6:00 P.M.
Mr. Dawkins: Mr. Mayor, I move that we follow the recommendation of the
department and that we deny 6. I mean, I... Planning Board and Advisory.
Every time you look up in this area all they do is take commercial property
and make residential property out of it. This is one of the few commercial
corridors left 17th Avenue in that area and now someone wants to come along
and make it commercial and I move that it be denied.
Mr. Carollo: I second the motion.
Mayor Suarez: We do have the unusual situation here of a Planning Department
requesting approval, of course, on their own item and a denial by Planning
Advisory Board. Mr. Rodriguez, perhaps you can clarify or Mr. Pierce why the
contradiction here.
ld 40 November 26, 1985
Mr. Rodriguez: It's a Planning Department application. This application came
as a result of complaints that we had in the area of lots that were vacant and
they were full of debris and trash and there were some uses already on the
area that were nuisances. In addition to that there was a request by the
Black Christian Association and a private church group to try to look
into the possibility of bringing day care centers in that area. Under the CG-
1 district you cannot do that. So, we looked at... CG-1 district is a purely
commercial district. So, we looked into the possibility of changing the whole
area into a commercial residential type of zoning, based on that we came to
the conclusion that that will be the best possible zoning for that area and
that's why we recommended to change to CR-3 zoning.
Mr. Dawkins: Ok. My recommendation to you is, you find IUDs, you find all
kind of grant money, you find everything that's needed for other areas. There
is no reason in the world why you cannot find some grants industrial revenue
bonds, UDAG or whatever and develop this area. You do not have to make it
commercial sir.
Mr. Pierce: Commissioner, if I may respond to that.
Mr. Dawkins: I don't need no response. I'm not going to change mind sir.
Mr. Pierce: I just wanted to clarify for the record. The industrial
development bonds and the UDAGs are all applied for by the private sector.
The City of Miami does not initiate those applications.
Mr. Dawkins: Who owns the land... look, who makes the changes Mr. Pierce, for
the private sector to apply for these grants and bonds. Who does that? Who
does that sir?
1
t Mr. Suarez: Is that a rhetorical question or do you want an answ--r to it?
Mr. Dawkins: Who does that?
Mr. Pierce: Would you repeat the question.
Mr. Plummer: I'm sorry. He was answering a question for me Commissioner
Dawkins.
Mr. Dawkins: Who prepares the packages and everything to submit for the I.U.
Bonds and UDAG grants and all. Who provides those packages?
Mr. Pierce: After we are contacted by the private sector, we assist them.
Mr. Dawkins: All right, we... so, there again the City of Miami does all of
the work for the private sector to come about this money. So, this is the
same private sector that you could go out and provide for and if you were to
get the UDAG grants and what have you you could get all the private sector
money you could want to develop that, but that's just my vote.
Mr. Plummer: Commissioner Dawkins to clarify the record please. They are
IDB, industrial development bonds, not IUD. Just clear the record.
Mr. Suarez: As the ninth of fourteen children, I have a special interest in
that clarification. Was this the item that you briefed me on that you
clarified would not create any nonconforming uses for existing businesses that
ar that strip on 17th Avenue?
Mr. Rodriguez: What will happen is that they will become nonconforming, but
doesn't mean that they have to vacate the property.
Mayor Suarez: They will not be out of business or...
Mr. Rodriguez: No. Is... and it will allow other commercial uses.
Mayor Suarez: And the typical businesses that will not be allowed in the
future if you have a demolition or a sale or six months without continuous of
that business will be things like, I believe you told me it was auto repair
and junk.
Mr. Rodriguez: Junk yards, auto repairs, body shop and paint shop and so on.
ld 41 November 26, 1985
4
40
,.A
Mr. Dawkins: I move that this be deferred until the first meeting in January
so I could get some neighbors who live around there out here to speak on this.
Mayor Suarez: I think it's a fair request of you... Go ahead Commissioner.
Ms. Kennedy: Yes, I feel that I also need more time to study this. I second.
Mr. Dawkins: Thank you.
Mayor Suarez: Ok. Any further discussion of the motion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who
moved its adoption:
MOTION NO. 85-1133
A MOTION CONTINUING CONSIDERATION OF A PROPOSED FIRST
READING ORDINANCE REQUESTING CHANGING ZONING AT
APPROXIMATELY 4000-5299 N.W. 17 AVENUE FROM CG-1/7 TO
CR-2/7 TO THE JANUARY 23, 1986 COMMISSION MEETING AT
6:00 P.M.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Mr. Mayor, there is someone out here that wants to be heard. I
don't know what Mr. Mayor.
Mayor Suarez: I'm sorry. We have deferred the item. You will have an
opportunity to be heard on it. I don't believe we have to... It was a first
reading. I don't believe we have to hear from anyone on this particular item,
but you have plenty of time to come back to us.
Reverend Freddy Dykes: Yes, my name is Reverend Freddy Dykes, resident at
1781 Northwest 51st Terrace.
Mayor Ferre: Reverend Dykes, you are going to speak in opposition to Item 6?
Reverend Freddy Dykes: Well, I wanted to on 6 is the one that I am speaking
in behalf.
Mayor Suarez: You are going to speak in opposition to what the Planning
Department was recommending, is that correct?
Reverend Dykes: Well, I oppose of it for one thing.
Mr. Plummer: Excuse me, sir, if I may. The item on the floor is the only
thing that you can speak to and the item on the floor is for the deferment.
Now, the roll has already been taken and that's the only discussion that can
be entertained at this time without another revisiting of the issue. So, you
can.... you are limited...
Mayor Suarez: Let me Just clarify Commissioner. You will be against what was
presented to us on Item 6. Is that correct?
Reverend Dykes: That's correct.
Mayor Suarez: Ok. You have now at least another month to regroup and be
ready to do so to oppose it and explain your reasons for it at the next
meeting and Commissioner Dawkins has moved to defer.
ld
42
November 26, 1985
.14
4
Mr. Pierce: Yes. Mr. Mayor, for the record would you make that continue to
the January Zoning meeting?
Mayor Suarez: Ok.
Mr. Plummer: He already did.
Mayor Suarez: Madam City Attorney can we clarify the vote that we took in
case the Commissioners really meant to continue as opposed to defer, because
it's a first reading and we have a problem that... I want that to be clarified
for the record Madam City Attorney. What we have done and what has been the
intention of the Commission on this item, could you please run that by us.
Ms. Dougherty: Did you continue this?
Mayor Suarez: Madam City Attorney.
Ms. Dougherty: You continued it to a date certain.
Mr. Plummer: Yes.
Ms. Dougherty: January 26th.
Mayor Suarez: We have continued it. We have not deferred it. Which means it
will be January...
Mr. Plummer: 23.
Mayor Suarez: It will be heard January 23rd at this Commission at a time
certain and you will be able to bring anyone you would like and in a
reasonable amount of time express your dissatisf•ction with the
recommendations of the Planning Department on Item 6. It will be a different
item then, of course.
Reverend Dykes: Can I make a request sir. Can this meeting be at night. Is
there anyway that the Commission could have this...
Mayor Suarez: We will do our best to do so sir.
Reverend Dykes: I will certainly appreciate it.
Mayor Suarez: Thank you, Reverend.
Reverend Dykes: Thank you.
Mayor Suarez: I believe it will be at 6 o'clock in any event, much to the
dismay of Commissioner Plummer.
31. AMEND 9500 BY CHANGING ZONING CLASSIFICATION OF PROPERTY LOCATED AT 1103-
1151 N. W. 7TH STREET FROM CG-1/7 TO GU (FIRE STATION NO. 3).
Mayor Suarez: Item 7.
Mr. Rodriguez: Item #7 is a first reading. The application has been made by
the Planning Department.
Mr. Plummer: I move Item 7, it's our own fire station.
Mr. Carollo: Second.
Mayor Suarez: Any discussion, call the roll please.
Id
43
November 26, 1985
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY CHANGING THE 'ZONING CLASSIFICATION OF
APPROXIMATELY 1103-51 NORTHWEST 7TH STREET, MIAMI,
FLORIDA (MORE. PARTICULARLY DESCRIBED HEREIN), FROM CG-
1/7 GENERAL COMtMERCIAL TO GU GOVERNMENTAL USE: MAKING
FINDINGS; AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGE NO. 24 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILTTY 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 Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
32. AMEND 9500, SECTION 2013.7 TO CLARIFY PRIMARY, SECONDARY & TERTIARY WALLS
AND WINDOWS; SECTION 3602 TO PROVIDE DEFINITION FOR RESCUE MISSION &
JEWELRY; OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, CR-1 COMMERCIAL
RESIDENTIAL TO ALLOW VIDEO TAPE SALES & RENTALS; CR-2 COMMERCIAL
RESIDENTIAL TO PERMIT DRIVING SCHOOL AGENCIES; CR-3 COMMERCIAL
RESIDENTIAL TO DELETE RESCUE MISSIONS AS PERMITTED USE; PAGE 5
ASTROLOGISTS, FORTUNE TELLERS, ETC.
Mr. Carollo: Move Item 8.
Mr. Plummer: Second.
j Mayor Suarez: Is there anyone of the public that wishes to address Item 8 for
or against? Do we have a move for the item...
€ Mr. Plummer: We have already moved it.
:j
i;
1
Mayor Suarez: Ok.
Mr. Plummer: Carollo moved it and I seconded it.
Mayor Suarez: Read the ordinance and call roll on...
I •.
Mr. Dawkins: Under discussion Mr. Mayor.
i,
Mayor Suarez: Yes, Commissioner.
Mr. Dawkins: Will someone over there tell me why is it up here we say "delete
rescue missions as permitted use and then you go down further and says that
subject to certain... yes, and then allow it. Why? What's the difference?
Mr. Rodriguez: You will be deleting the rescue mission from other areas like
residential and would only allow them on CG-1 with a special exception and
hearings.
Mayor Suarez: The idea is to have rescue missions basically in areas that are
what...
44
10
Mr. Rodriguez: Now, they are permitted in areas which could be commercial
residential and we believe that they don't belong there. They belong in a
purely commercial area with a special exception and a hearing. This is to
make it more restrictive.
Mr. Dawkins: So, you are going to deny them in commercial areas?
Mr. Rodriguez: To deny them in commercial -residential, which is a more
permissive area, and to allow them in commercial only with a hearing, as a
special exception.
Mr. Dawkins: All right, what section of town is this related to?
Mr. Rodriguez: Will apply to any area of the City where you have existing
commercial -residential.
Mr. Dawkins: Ok.
Mr. Rodriguez: And specifically, for example, if they were to move to an area
like 17th Avenue, that we were discussing before, or an area like Lumus Park.
If you were to go to Lumus Park, which is a commercial -residential, they will
not be allowed because under that classification it's not permitted. If they
were to move to the area that you deferred until January 26th, which is a
commercial, they would be allowed there, because it's a more permissive area,
with a special exception and with a hearing.
Mr. Dawkins: Ok. Residents around 3rd Avenue and I believe it's 5th Street
or 4th Street,..no, it's further over than that,..4th Avenue and 4th or 5Lh
Street are not desirous of having the Camillus House moved in their area.
Dots this permit the Camillus House to move there?
Mr. Rodriguez: No, sir, that's one of the reasons we have to clarify that it
will not go into residential area, but this is not meant to be for Camillus
houses specifically, it's to apply city wide.
Mr. Dawkins: Yes, but the people who are calling my house are concerned about
Camillus House. So, I have to known how to answer them.
Mr. Rodriguez: To answer your question, this will not be allowed in CR-3
which is that area that you are talking specifically.
Mr. Dawkins: No, further questions.
Mr. Plummer: Well, let me tell you, I have got a concern about the rescue
missions, because they do a good job. The Camillus House does an excellent
job. But I will tell you something, by virtue of where they presently exist
or from what I'm finding Commissioner Dawkins tells me they want to exist, I
think it's very detrimental in the Downtown area, and I think that this
Commission needs to address as we did... I don't know of any rescue missions
that exist in the County or outside of the City and especially in the Downtown
1 and these people only stay in the Downtown because of the availability of one
of these missions. I think may be what we need to address is the same thing
that we did with the rehabs and the drug centers, that this City is, you know,
we do our proportionate share of these places, but I think may be a motion
is would be in order after this is completed, that we study that issue of rescue
missions and likes, that they can only be such distances apart or whatever
else you come up with, but you know, I'm convinced that if those rescue
missions weren't Downtown, you probably wouldn't see those people Downtown.
They are going to go wherever those facilities exists and God knows the
t millions of dollars that we are spending in Downtown to try to get something
{
nice down there, I don't think that this is appreciative of that kind of
thinking. So, maybe Mr. Mayor, with your permission, after this item is
1;.
completed I will make a motion.
I
Mayor Suarez: And a point of fact, if any of you live in the area of Wynwood,
for example, you know that your particular area has an incredibility high
density of halfway houses. They all seem to be... I-m talking about halfway
houses, particularly for alcoholic rehab and as Commissioner Plummer has
pointed out, the City really should take the initiative in somehow spreading
around what really can be problematic institutions for the rest of the
residents of a particular area. - No one area should have to shoulder the
entire burden.
�� ld 45 November 26, 1985
.0
,9 $
Mr. Plummer: Mr. Mayor, for your edification, I
think
of the present
drug
rehabilitation centers, ninety-two per cent, am I
right,
ninety-two per
cent
of them exist within the City of Miami limits and what
we have said in
the
past and why we drew up an ordinance in that are
was to
ask the rest of
the
people to assume their responsibility. We realize
that Coral Gables wouldn't
want a drug rehab, but by God they got people in
there
saying they have
got
problems and they should address it. So, that's
why I'm
going to make
this
other motion afterwards.
Mayor Suarez: That's a hundred per cent correct from my view point. Are we
ready to take —call the roll.
AN ORDINANCE ENTITLF.D-
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 2013.7 TO CLARIFY PRIMARY, SECONDARY
AND TERTIARY WALLS AND WINDOWS; SECTION 3602, BY
PROVIDING A DEFINITION FOR RESCUE MISSION; AND BY
AMENDING THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS, PAGE 4: CR-1, TO ALLOW VIDEO TAPE SALES
AND RENTALS AS A PERMITTED USE; CR-2, TO PERMIT
DRIVING SCHOOL AGENCIES AS A PERMITTED USE; CR-3, TO
DELETE RESCUE MISSIONS AS A PERMITTED USE; AND PAGE 5:
CG-1, TO ALLOW ASTROLOGISTS, FORTUNE-TELLERS, AND
PHRENOLOGISTS AS PERMITTED USES, AND RESCUE MISSIONS
WITH SPECIAL EXCEPTION SUBJECT TO TRANSITIONAL
LIMITATIONS; CBD-1, TO REQUIRE CLASS C PERMIT FOR ANY
CHANGE IN EXTERIOR CONFIGURATION AND/NEW CONSTRUCTION,
SUBJECT TO POSSIBLE REFERRAL TO URBAN REDEVELOPMENT
REVIEW BOARD; REMOVE THE PROHIBITION ON CAR CARE
SERVICES SUBJECT TO CERTAIN LIMITATIONS; PERMIT
WHOLESALE JEWELERS AND FABRICATION/PRODUCTION OF
CUSTOM MADE JEWELRY INCIDENT TO RETAIL ACTIVITIES; AND
REMOVE PLANE III MAXIMUM HEIGHT LIMITATIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of October 24, 1985,
was taken up for its second and final reading by title and adoption. On
motion of Commissioner Carollo, seconded by Commissioner Plummer, the
ordinance was thereupon given its second and final reading by title and passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10061.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
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46 November 26, 1985
AM AAk
33. INSTRUCT PLANNING DEPARTMENT TO REVIEW PRESENT REGULATIONS FOR LOCATION
OF RESCUE MISSIONS & COME BACK WITH RECOMMENDATIONS.
Mr. Plummer: I will make a motion at this time that the City Planning
Department be instructed to review the regulations now adopted for further
clarifications and possible restrictions and to report back to this Commission
as soon as possible.
Ms. Kennedy: Second.
Mayor Suarez: Any further discussion on the motion? It's been moved and
seconded, call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1134
A MOTION REQUESTING THE CITY MANAGER TO INSTRUCT THE
PLANNING DEPARTMENT TO REVIEW THE REGULATIONS
PRESENTLY IN EFFECT IN CONNECTION WITH THE LOCATION OF
RESCUE MISSIONS FOR POSSIBLE RESTRICTIONS AND
CLARIFICATION; FURTHER REQUESTING THE ADMINISTRATION
TO COME BACK WITH RECOMMENDATIONS.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor JOL Carollo
i
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
t
34. FIRST READING ORDINANCE: AMEND ARTICLE VIII LATIN QUARTER REVIEW BOARD,
SECTIONS 62-78 THRU 62-80.
Mayor Suarez: Do we have anyone present to speak either on behalf or against
Item 9?
Mr. Plummer: I second the motion, but have a discussion. Under discussion
Mr. Mayor. Sergio, today when you do a rebuilding or an addition or do
anything, ten thousand dollars is not a lot of money. I mean ,if you just...
you know, you put up a fence you are talking about... My question is is ten
thousand a sufficient limit? They have got to take out building permits.
They have got to do everything in accordance with the South Florida Building
Code, but I think what you are trying to accomplish here is not fully that.
Would twenty-five thousand be a more realistic figure? Would twenty? I don't
know, but I'm saying that I know that ten thousand dollars today, you don't
get much done.
Mr. Rodriguez: The argument that I received from a member of the Review Board
was that precisely those little details that you see sometimes under ten
thousand, like the color or the ornaments that they put on the building which
sometimes fall within ten thousand are the ones that make a difference in
establishing the character of the area. Actually, I had to really convince
them to support this, because I wanted to keep it at five thousand and it was
a recommendation from...
Mr. Plummer: What is your recommendation?
gl
47 November 26, 1985
b r,.
AP
Mr. Rodriguez: Ten thousand and see how it works.
Mr. Plummer: All right, sir. I just raised it for the question.
Mayor Suarez: Any further discussion? I think it's generally true that as a
general rule, at least my feeling Commissioner, that we should increase all
these thresholds to give more authority to our own agencies and so on. Any
further discussion? Read the ordinance please. Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING CHAPTER 62 OF THE CODE OF THE
CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE VIII-LATIN
QUARTER REVIEW BOARD, SECTION 62-78, "MEMBERSHIP," BY
CHANGING THE PERMISSIBLE NUMBER OF ABSENCES PER
CALENDAR YEAR FROM THREE (3) UNEXCUSED ABSENCES TO
FOUR (4) ABSENCES; SECTION 62-79, "FUNCTIONS, POWER
AND DUTIES, GENERALLY," BY EXCLUDING APPLICATIONS FOR
BUILDING PERMITS FOR LESS THAN $10,000 FROM LATIN
QUARTER REVIEW BOARD REVIEW, UNLESS REFERRED BY THE
PLANNING DIRECTOR; AND SECTION 62-80, "PROCEEDINGS,"
BY REDESIGNATING THE LATIN QUARTER REVIEW BOARD
RECORDS CUSTODIAN.
Was introduced by Commissioner Carollo and seconded by Commissioner
f Plummer and was passed on its first reading by title by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Kennedy
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
35. VACATE AND CLOSE N.W. 1 AVENUE BETWEEN N.W. 76 STREET AND N.W. 77
STREET - TENTATIVE PLAT #1252 - "PELAEZ-ZOGBY SUBDIVISION.
Mr. Dawkins: Move 10.
Mr. Carollo: Second, for discussion though. I have a question. The closure
that this item will have, is this a City -owned alley right now or..?
Mr. George Campbell: The present alley was dedicated, yes sir. For the
record, George Campbell, Department of Public Works. That is a dedicated
Right-of-way which is twenty-five feet wide.
Mr. Plummer: May I see that?
i Mayor Suarez: For the information of the public, I guess our projector is not
{
working as well as the Commission is, huh?
Mr. Pierce: No, the bulb,... This projector went on the fritz and the
permanent one has disappeared from the Chambers. We suspect fowl play.
Mayor Suarez: Any chance we can get it replaced before the end of this
+: meeting?
Mr. Pierce: Yes, but we are trying to find another one.
i
'i
'� gl 48 November 26, 1985
10
Mr. Plummer: My question is are the owners on both sides. Are they... Mr.
Campbell, are the applicants the owners on both sides of the road?
Mr. Campbell: No, the applicants are to the west, the property to the east is
owned, I believe, by Dade County HUD and they are in accordance with this.
They are in agreement with it.
Mr. Plummer: All right, at the last meeting I asked you to figure out what is
the square footage, because they are going to be getting that as part of their
buildable area. So, how much square footage is there of new property that
they are going to be acquiring?
Mr. Campbell: Approximately seventy-five hundred square feet.
Mr. Plummer: All right, can you tell me approximately in that area what a
square foot of property is going for?
Mr. Campbell: It's about a dollar a square foot from the tax assessor's
office.
Mr. Carollo: So, it's indeed about seventy-five hundred dollars that we are
giving them by closing this.
• Mr. Campbell: Yes, sir.
Mr. Plummer: I don't know that that's the case, but it's my opinion that if a
person is assimilating into private ownership that which belongs to the
taxpayers, that this City has the right to derive something from that and I'm
willing to listen.
Mr. Carollo: That's the point I was getting to before.
Mayor Suarez: Mr. applicant you want to identify yourself for the record and
respond to those concerns?
Mr. Michael Zogby: Michael Zogby and I'm one of the applicants. I live at
1205 Southwest 21st Terrace. The piece of property in question has never been
used by the City. It's been privately maintained by the prior owners and by
ourselves. We were thinking that we would give a donation to the Parks
Improvement Trust Fund in the sum of twenty-five hundred dollars as payment to
the City for the property.
Mayor Suarez: It's not as payment to the City for the property, but it would
be a voluntary contribution.
Mr. Carollo: Voluntary contribution.
Mr. Plummer: Was there a voluntary contribution?
Mr. Zogby: Yes, sir.
Mr. Carollo: You said twenty-five hundred dollars.
Mr. Plummer: For seventy-five hundred dollars worth of property. That's a
hell of a buy.
Mr. Zogby: Well, the property is not useful to the City in the way it is.
They have already have shown that they are not going to open the street. It
was dedicated in 1925 and has been privately maintained as far as we can tell
by the prior owners and by ourselves since we bought it about a year ago.
Mr. Plummer: But you didn't buy this?
Mr. Zogby: No, sir.
Mr. Plummer: That's correct and what you paid for is what you were entitled
to. How much did you pay for the front parcel?
Mr. Zogby:
parcel.
;i
i,
gl
For the front parcel? Well, there is buildings on the other
49 November 26, 1985
„A
A*
4
Mr. Plummer: The contiguous parcel, what did you pay for that?
Mr. Zogby: It came under four different... there were five pieces of property
with buildings on them and that's an empty lot. We didn't really classify
what the cost of that was. Now, we buy property in the area and the lots in
the area we pay any where from six to eight thousand dollars a lot, you know.
As an added thing I would like to say also, we build in this area very much.
We spent the .last six years building in there privately. We build to rent and
we build to sell duplexes in this area. We have donated on several occasions
to the City at a cost of one dollar to the City any right-of-ways that the
City has asked us for.
Mr. Plummer: That's to your benefit. Right-of-ways are expansion of the
streets, sidewalks, sewers, landscaping that's to your benefit as a property
owner contiguous.
Mr. Zogby: But it's been done voluntarily typically and we sell these
properties. So, it's not ... you know, all we are asking for here... this is a
depressed area where housing is not adequate and is needed and we felt that
the twenty-five hundred dollars was a fair amount. If the Commission does not
feel that that's adequate, I guess we will raise that.
Mr. Plummer: The Commission cannot say "yes” or "no", you have to volunteer.
Ok. This Commission cannot hold you up for anything like that.
Mr. Zogby: Ok. What if we volunteered three thousand dollars.
Mayor Suarez: On a prior item I might add Commissioner, we didn't get into
evaluation of what...
Mr. Plummer: And I'm not going to do it here. He can profer and this
Commission can accept or reject, that's just that simple or continue it to
another day. That's our option.
Mr. Zogby: Well, I would like to change my offer to three thousand as a
donation to the Park Improvement Trust Fund.
Mr. Plummer: Could you talk in trees rather than in dollars.
Mr. Zogby: In trees as far as...
Mayor Suarez: What is on that strip as a matter of fact?
Mr. Zogby: Nothing. Grass. It's a grass strip that's been improved. There
is a fence around the property itself and it includes a strip. In other
words, where I brought the property it had the strip already enclosed by the
fences. So, there is nothing on the strip as it is.
Mayor Suarez: I believe you are wrong. I believe there are some very nice
trees on that strip.
Mr. Zogby: Oh, we will improve the strip with some trees, but one question I
have to ask though...
Mayor Suarez: I don't think you can put too many more trees there than what
you have got already.
Mr. Plummer: Well, if I hear you correctly, you are saying two hundred fifty
trees that you would like to donate to the City in behalf... Is that what
you... Did I hear that?
Mr. Dawkins: Not Black Olive trees.
Mr. Plummer: No, I didn't say Black Olives. If I did, the only reason, there
is no white olives.
Mr. Dawkins: Well, you better try some pink ones.
Mr. Plummer: I said trees.
gl
50 November 26, 1985
A
At
Mayor Suarez: See, depending on the size
interpreted as two hundred fifty blades of grass.
4
of the tree that could be
Mr. Plummer: You don't know our department. We are trying to get the Marine
Stadium finished.
Mr. Zogby: Ok. Then two hundred fifty trees it is. What size trees though?
Is there a limit to the trees? Let's not...
Mr. Plummer: Would you speak to my tree expert over here. Florida Standard
definition.
Mayor Suarez: I think I would take that under advisement for a second.
Mr. Plummer: Mr. Mayor, based on the kind offer and ttie voluntary offer of
the applicant to do something for his city in return for property which he
will assimilate into private ownership, I think that the City should accept
his kind offer and move this item for approval.
Mr. Carollo: It's been moved and seconded J. L.
Mr. Plummer: Oh, I'm sorry.
Mr. Carollo: The only thing that we need for clarification in a minute is the
size of the trees.
Mr. Plummer: The tree expert will speak to the issue.
Mr. Carollo: I think he is just about ready to volunteer what size trees he
wants to give.
Mr. Zogby: Ok. We came to sort of an agreement. Two hundred fifty trees to
be approved by the Parks Department not to exceed an expense of three Lhousand
dollars.
Mr. Plummer: Oh, no, no. I would live with the fact that they be approved by
the department. I don't remember a tree costing over $100.00.
Mayor Suarez: What is the definition of a tree in this context? I mean a
tree is a tree is a tree. Right?
Mr. Carollo: No, you have trees and then you have trees.
Mr. Plummer: That's it.
Mayor Suarez: Do we have any indication of what a tree might be in this
context? I mean, if we ran a hundred dollars a tree we are talking about
twenty—five thousand dollars. I don't think the strip is...
Mr. Plummer: Well, ok. I will accept a covenant that says two hundred fifty
trees and that the department is to be reasonable in their selection.
Mayor Suarez: I'm sure if you it doesn't work out we are going to have a huge
lawsuit. So,...
(BACKGROUND COMMENT INAUDIBLE).
Mayor Suarez: I would like to confer with my partners on that if you
gentlemen don't mine. No, we cannot have contract zoning.
Mr. Carollo: We are not having contract zoning.
Mayor Suarez: Well, if we leave it up to a legal interpretation of that sort.
Ms. Kennedy: No, what is reasonable.
Mr. Plummer: I call the question. I'm satisfied.
covenant that he is volunteering is in good faith.
gl
51
I'm satisfied that his
November 26, 1985
{
Mayor Suarez: Ok. Are we ready to vote on the item. One last point of
clarification Madam City Attorney. The applicant and his partners were
involved in my campaign in a variety of legal ways including being Chairman of
my finance... a member of my finance committee. They may also be clients of
my law firm. Does that pose any conflict?
Ms. Dougherty: Do you have any financial interest in this project at all?
Mayor Suarez: I have no financial interest in this project.
Ms. Dougherty: Are you representing them in connection with this project?
Mayor Suarez: I am not.
Mrs. Dougherty: Then there is no conflict of intrest.
Mayor Suarez: Ok. We are ready to vote. Call the roll please.
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-1135
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE PUBLIC USE OF THAT PORTION OF
NORTHWEST 1ST AVENUE BETWEEN THE NORTH RIGHT-OF-WAY
LINE OF NORTHWEST 76TH STREET AND THE SOUTH RIGHT-OF-
WAY LINE OF NORTHWEST 77TH STREET ALL AS A CONDITION
OF APPROVAL OF TENTATIVE PLAT #1252 "PELAEZ-ZOGBY
SUBDIVISION".
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Carollo, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AT THIS POINT, THE CITY COMMISSION BRIEFLY DISCUSSED AND
CONTINUED A PROPOSED RESOLUTION FOR REGULATION OF OUTDOOR ADVERTISING SIGNS TO
THE MEETING OF JANUARY 23RD.
36. TERREMARK CENTRE: AMEND EXHIBIT "A" OF FINDING OF FACT NUMBER 1 OF
DEVELOPMENT ORDER (R-85-72) AND MAJOR USE SPECIAL PERMIT (R-85-73) - A
D.R.I. AT APPROXIMATELY 2560-2580 TIGERTAIL AVE; 3204-3240 AVIATION AVE;
AND 2583-2585 SO BAYSHORE DR.
Mayor Suarez: Item 12.
Mr. Dawkins: Move 12.
Mr. Carollo: Second.
Mr. Dawkins: I had some problems with it, now we have cleared them up.
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52 November 26, 1985
,.r
I A&
Mayor Suarez: Do we have anyone present that wants to speak to this item
either in favor or against? I guess we get to hear from the applicant first
then in that case.
Ms. Kennedy: Madam City Clerk since I am the Vice President of Terremark. I
think I would like to abstain on this item. Should I leave the room or can I
stay here?
Ms. Hirai: Yes,...we will forward to you a form of Conflict of Interest. We
will fill it out for you, sign it and state the reason.
Mayor Suarez: You are allowed to stay here and abstain. Is that correct?
Yes.
Ms. Dougherty: Yes, sir, Mr. Mayor.
Ms. Kennedy: I have been advised that it's better to leave. So, I'm going to
do that. Even though I do think it's a good project.
Mayor Suarez: On a clear abstention I'm letting you know that I think it's
clear for the record if you stay, but you can go wherever you want.
Mr. Rodriguez: Mr. Mayor, would you like to hear from the Planning Department
first?
Mayor Suarez: Yes.
Mr. Rodriguez: Item #12 is an amendment to exhibit "A" which was previously
approved by the City Commission. The Planning Department recommends approval
of this item. The Planning Advisory Board recommends approval. We believe
the changes which have been proposed for this item do not constitute a
substantial deviation and, if anything, they have reviews the impact that the
property might have on this area. If you want to I can go into more details
of all the reasons why, for the record.
Mayor Suarez: I don't know that it would be necessary. Do we have an
objector or not? Ok. Why don't we take... counselor, you want to say
something prior to the objectors?
Mr. Traurig: We are happy to make our presentation either before or after Mr.
Mayor.
Mayor Suarez: Ok. Let's hear from the objectors. Please keep it to... how
many do you have Joanne?
(BACKGROUND COMMENT INAUDIBLE).
Mayor Suarez: And Jim? Why don't we keep it to three minutes per, please.
Mr. Rodriguez: Mr. Mayor, for the record, I would like then to mention that
the recommendations from the Planning Department are as reflected on the
October 7th memo that is in your hands.
Mayor Suarez: Did we interrupt your presentation?
Mr. Rodriguez: No, that's ok.
Mayor Suarez: Did you want to say anything further. We want to hear from our
department. I mean,...
Mr. Rodriguez: If you want to I can go into details about all the reasons why
we believe this is ok.
Mayor Ferre: What's the Commissioners' pleasure?
Mr. Plummer: The norm is to hear from the department first, then the
{ applicant, then the objectors and rebuttal if necessary from the applicant. I
think it's been a good policy in the past, because it gives everybody the
opportunity to hear what the arguments are all about. Unless you want to
change it, but I think chat that's a good policy of department first, the
applicant, then the objectors and then rebuttal, if necessary.
gl 53 November 26, 1985
16
Mayor Suarez: Sergio.
Mr. Rodriguez: Under Chapter 380 of the Florida Statutes this chapter
contains on presumption to determine that changes are substantial deviations
in some cases. We have reviewed the criteria under these Statutes and we are
of the opinion that the proposed changes by the applicant do not fall within
those presumptions. The applicant is proposing to have a change of height
from two hundred thirty-seven feet and ten inches and nineteen stories to two
hundred fifty feet and twenty-one stories. We don't believe that is a
substantial change. They have reduced the office space from three hundred
fourteen square to three hundred seven thousand seven hundred sixty square
feet. The retail has been reduced also from eight thousand square feet to
seven thousand six hundred ten. The enclosed plaza was reduced from thirty-
eight hundred square feet to no plaza at all. The open space was increased
from one hundred fifteen thousand nine hundred thirty-two square feet to one
hundred twenty-two thousand sixty-seven square. The pedestrian open space has
been increased from forty-three thousand four hundred nineteen to fifty-eight
thousand six hundred ninety-three square feet. The parking garage was
increased from three hundred thirty-three thousand to three hundred forty-six
thousand more or less and we believe this is not a substantial deviation
either, and the parking spaces were increased from one thousand fifty to one
thousand ninety and, again these forty parking spaces do not constitute in our
opinion a substantial deviation. I would like to also include for the
record...
Mayor Suarez: Is that in your opinion? Is that also in the opinion of the
legal department or do we get to hear from them on that point, on the
substantial deviation issue?
Mr. Rodriguez: We make a recommendation and it's your staffs recommendation,
after that if it's referred to the South Florida Regional Planning Council and
to the Department of Community Affairs in the State.
Mayor Suarez: Is that because of the DRI?
Mr. Rodriguez: Yes.
Mr. Rodriguez: So, at that point it is referred to both of those bodies. For
the record, we have received a letter from Mr. Thomas Beck from the Department
of Community Affairs, in which they have found...
Mayor Suarez: That's with the State of Florida?
Mr. Rodriguez: State of Florida. They have found that the changes proposed
by Terremark Center, 881184-054 are not substantial deviations.
Mayor Suarez: Is that a formal opinion or just a letter?
Mr. Rodriguez: It's a letter from them. That's the normal way in which they
answer these considerations.
!! Mayor Suarez: Thank you Mr. Rodriguez. Counselor.
}` Mr. Robert H. Traurig: Mr. Mayor, my name is Robert H. Traurig. I'm attorney
with offices at 1401 Brickell Avenue. I represent the entity known as Grove
Bay Plaza Limited whose general partner is Terremark and Bayshore Incorporated
and the principal of that company is Manuel D. Medina who is here with us
today. The property which is the subject of this hearing is on the west side
of Aviation Avenue between Bayshore and Tigertail. We are asking for two
things in this application as indicated by Mr. Rodriguez. One is a
modification of the major use special permit and the second is the finding as
he indicates that there is no substantial deviation from the development order
previously granted by this Commission. Basically, the architectural aspects
of this plan are for the purpose of improving the plan, by reducing the
i' intensity of development through shifting the tower approximately eighteen
feet northeasterly from Aviation... toward Aviation and in order to achieve a
better open space and a less intensive development we have slenderized the
project. The presentation made by Mr. Rodriguez is really...
i
gl 54 November 26, 1985
a
Mayor Suarez: Did you say slenderized?
Mr. Traurig: Slenderized. It has taken a project that was bulkier...
Mayor Suarez: You got a dictionary to back that up.
Mr. Traurig: Well, I think to make slender means to create less bulk and what
we have done is to make the project a little bit taller and a little less
broad. What we have done as a result of that is to create more open space and
as the figures which Mr. Rodriguez read to you indicate, although, we have
increased the height by two stories, we have really only increased it by
thirteen feet. There is no increase in traffic. As a matter of fact, during
the afternoon peak hour the traffic is actually decreased, notwithstanding the
fact that we have created some additional parking spaces and the
representatives of the David Plummer engineering company are here to testify
to that. We will have no egress onto Tigertail., ingress only, right hand
turns, in order to utilize the banking facilities. And from the standpoint of
the development itself, in each of the categories which Mr. Rodriguez
described, there has been a reduction in intensity of development. We,
therefore, urge that you find that there is no substantial deviation and that
you grant the modification of the major use special permit. This is really in
effect a reduction in intensity that was previously granted by this
Commission. Mr. Willie Bermello is here to show you the architectural
renditions of the project to describe the project to you at the appropriate
time if you think that's advisable. We thank you very much.
Mayor Suarez: Is there any implicit finding by us that there is no
substantial deviation simply by voting in favor or against? Or is that just
simply support of the argument by the developer?
Mr. Rodriguez: I think that's a legal question.
Mayor Suarez: That's exactly right.
Mr. Plummer: Well, very simply, they have always recommended as to whether it
was or was not and then we have made our own findings.
Mayor Suarez: Is there such a thing as finding by the Commission on something
like that Bob?
Mr. Plummer: Yes. We can find to the contrary, is I think the important
part.
Mr. Traurig: Yes. We have requested two things. One is a finding that there
is no substantial deviation, because under Chapter 380, there must be such a
finding. Otherwise, if there is a substantial deviation it requires...
Mayor Suarez: That's why I was wondering if it was explicit or implicit by
our vote on the item.
Mr. Clark: I think the wording of the resolution should have that in there.
it Mayor Suarez: It should have it in there? Ok, that might resolve it.
Mr. Traurig: We have abbreviated our presentation recognizing that it's
already 11:35 A.M. We are happy to answer questions through our traffic or
architectural consultants and we look forward to the opportunity for rebuttal.
Mayor Suarez: Ok. Let's hear from the objectors. Jim.
Mr. Jim McMaster: My name is Jim McMaster. I live at 2940 Southwest 30th
Court in Coconut Grove. I'm President of the Coconut Grove Civic Club and I
would like to reiterate our long standing opposition to this project. My
primary concern here is the parking garage. The applicant has told us how he
slenderized the building. That is true from what I understand he has not
changed the footprint of the highrise itself. The bottom floors are still the
same size. When I looked at the landscaping plans I was rather confused
because the parking garage... the footprint is bigger than the building itself
and it took me a while to orientate myself. The building is three hundred
seven thousand square feet. The parking garage is three hundred fifty
1
1
gl 55 November 26, 1985
thousand square feet and that's rather strange if you ask me having a parking
garage bigger than the building. If you look out here across Bayshore Drive
you will see the Grand Bay office tower and Grove Tower are the two biggest
buildings over there and they are each approximately a hundred seventy-five
thousand square feet. The parking garage of this structure is twice the size
of any building over there now. When I spoke to Mr. Bermello about how far
down the parking garage went. He responded that it went right down to the
water line. My concern is if they go down the same way Grove Square did and
hit water, they are going to be coming back to you for a variance to increase
the height of this three hundred fifty thousand square foot parking garage.
The major deviation they have asked for is to increase the size of this
parking garage and I don't know where they are putting it. Now, I think that
Mr. Medina and Mr. Traurig should offer the residents a deed restriction or
covenant or whatever the law department finds appropriate, saying that if they
hit water, they will not come back here asking for a variance to go up in
height. There is no way to cover three hundred fifty thousand square feet,
and I just think that if they are unwilling to do that, I would appeal to
Mayor Suarez, who has said he is willing to protect the neighborhoods, and
Commissioner Dawkins who has been opposed to this project before, to tell Mr.
Traurig and Mr. Medina, they have approved plans for this building. They can
go ahead with those, that they should not change them. Thank you.
Mayor Suarez: Joanne or...
Mr. Joseph T. Kelly: Joseph T. Kelly, 2985 Aviation Avenue. Mr. Mayor, I had
seen a preliminary plan on this matter presented at the Zoning hearing or the
Planning Board. I have not seen the revised plan because at that meeting
there were revisions discussed. I do not understand why on a narrow street,
like Aviation Avenue we are going to move a very large building closer to the
street and block off more and more of the view in Coconut Grove. It's... and
I do not understand why if we are reducing the size of the building we need to
increase the parking. The parking that's in there now is part of the old
coast guard base, Monty Trainer complex SPI-17 package and we are providing
less office space, less retail space and we are providing more parking and
when all of SPI-17 was going on, there was numerous comments made that the
amount of parking being provided by this project was not geographically
located to the advantages that were intended by the original ordinance. Now,
at the same time I believe that there were a modification to the ordinance
describing the travel distance. This building is oversized for the area,
everybody knew it when it went down. It is now —they are coming back making
it even higher. I do not know that anybody has done any sign studies on how
this building is going to reflect the sound coming from our very active
entertainment center to the Northeast of it, at Monty Trainers', who have been
very cooperative about the noise problem they create on occasion and I think
that the sound coming off this building may further aggravate that problem
which on occasions is very bothersome to the neighborhood. There is no reason
that I can see in what has been presented why this change benefits the
community of Coconut Grove at all. Thank you.
Mayor Suarez: Thank you sir.
Ms. Joanne Holshouser: I am Joanne Holshouser. I live at 4230 Ingraham
Highway and I'm here today at the request of Thelma Alchauer who is President
of the Tigertail. Association. She is teaching a class and was not able to be
here. She asked me to reflect for you that this is under litigation at
present and that there is simply no need for more parking and that the
concerns of the residents in this area have still not been met. Although,
they have met repeatedly with Mr. Medina and others, the needs of the
neighborhood are still not being considered. I would like to point out for
myself as an individual that the logic of this building is incredible. The
fact that we keep on hearing that we need this much parking in that site has
been referred to repeatedly. I can only say again, we still don't know why we
need so much parking in that area. We are still suspicious. We will remain
suspicious. I would like to propose that we ask the developers at least to
let us choose the name. I would like to name it the Darth Vador memorial
parking garage, because there is some force out there that none of us can
quite see, at least those of us who are opposing it for having this enormous
parking garage. And I would also like to comment on Bob Traurig, whom I love
dearly, commenting that we know about the traffic. Now, I don't' know how he
t
knows what the traffic is going to be two years or three years out, may be he
a
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has a crystal ball, but I just don't understand how you can be asked to
consider any traffic study for a building that is not yet built on a site that
has nothing nothing to compare with this. We ask you again, please we don't
need this parking garage. Thank you.
Mayor Suarez: Anyone else as an objector or protestor? Counselor, do you
want to answer any of the concerns raised?
Mr. Traurig: Yes. I would tell my good friend Joanne that the traffic...
Mayor Suarez: She said better than that, she said she loved you.
Mr. Traurig: Well, I love her back, and she is a very good citizen, and she
is very concerned about Coconut Grove and she has served this community well.
But I think she is wrong with regard to the traffic analysis. A very very
important element of the review by the South Florida Regional Planning Counsel
is called Chapter 31 which is the transportation element. Kahart Pinder,
formerly an employee of the City of Miami with DDA and now with David Plummer
Associates, is here to testify that traffic has been thoroughly reviewed, not
only by the staff of the South Florida Regional Planning Council with the
concurrence of the Dade County Public Works Department, but also by the City
of Miami Public Works Department and we have dealt with all of the various
traffic issues. There is no increase in traffic through the increase in the
parking, because there is a decrease in the square footage of the building.
There will be no additional impact on Tigertail, as the Tigertail impacts are
not increased, there is no additional ingress or egress from Tigertail and
there will be less vehicle trips per peak hour. With regard to the
architectural benefits to the City, I think that your staff has already given
you in the record the rationale for support this application. If you would
like to hear from Mr. Bermello and would like to see renditions of the project
and would like to talk about the rationale for shifting the building slightly
and quote "slenderizing it". We will be very happy to make that presentation
to you. other than that we would ask you to support this application as
recommended to you both by your staff and by the Zoning Board. Thank you.
Mayor Suarez: Any further discussion by the Commission? I just want to state
for the record that had I been Mayor of this City before when this item came
up, I would have voted against it and I would have fought you all the way. I
have to accept our City's and even the Regional Planning Council's
determination to the effect that this is not a substantial deviation from a
prior approved plan or zoning request. I'm also concerned that what is not
one lawsuit will end up being two lawsuits against the City. So, there is not
much I can do at this point. I just want to clarify for the record Jim and
Joanne and everyone else that spoke against it that I would have opposed it
had I been here in the first instance and I was not. Are we ready to take a
vote on this? Call the roll.
Ms. Hirai: Roll call, Mr. Dawkins?
Mr. Dawkins: No, no, discussion. Mr. Traurig, one of the citizens asked for
a covenant that in the event that you go down and strike water, that another
variance would not be sought to add the additional height on the building.
Could such a covenant be offered at this time?
Mr. Dawkins: Mr. Dawkins, we are not asking for variances, nor have we ever
j asked for variances with regard to the height. I don't know what the
engineering consequences of striking water might be. I don't know how the
redesign of the project would compensate for the problems that may result from
striking water. I don't think we are going to strike water. I would ask Mr.
Bermello to comment on that although he is not the project engineer, but we
have never asked for a variance as to height and that the height is permitted
in this district.
Mr. Dawkins: But if you will recall sir, you are asking for two additional
stories added onto the height of the original request.
Mr. Traurig: Yes, because that's a modification of the major use special
permit. If you are saying would we ask for additional height even though it's
not technically termed a variance,I really don't know the answer to it. I
i would ask Mr. Bermello to comment.
,..4
Mr. Dawkins: Please do.
Mr. Willie Bermello: For the record my name is Willie Bermello with offices a
55 on Marie Avenue. Mr. Commissioner, the building as currently designed,
it's only the elevator pit and the parking garage that would come closest to
the water table. There is a building being built on the other side of
Aviation, anybody that drives by there can see that the excavation has now
gone approximately to twelve to fourteen feet and there no water there. We
are absolutely convinced that we will not be reaching the water table. If
there is any reaching it will be done right at the elevator pit and that is a
very common practice by... of the water in that very small area. So, right
now the way that the parking garage is designed, we will not be going into the
water table with any portion of the lower levels of that parking garage. We
don't see a problem.
Mr. Dawkins: And in the event that you do hit water level what?
Mr. Bermello: We will not. In order words we have designed the parking
garage right now so that at no point will we come within reach of the water
table. This is by way of a number of.... we have made twelve borings in that
site to verify the water table at different times and we are convinced that
there is absolutely no possibility that the lowest level of the parking
garage will come within the water table. We did that for a cost primarily and
the parking garage is so designed. So, that usually is a concern of the owner
how to eliminate cost and we have now designed a parking garage to avoid such
a situation and we don't see ourselves coming back to this Commission again
for any other changes.
Mr. Carollo: Not if you can help it.
Mr. Dawkins: Well, I...
Mr. Traurig: Mr. Dawkins, before you respond one last thing to synthesize it.
Under no circumstances will we ask for the height to be increased for that
reason.
Mr. Dawkins: No, wait now. Hold it. Hold it, you are a lawyer. Hold it
right there. You mean you will not ask for any height period or for that
reason?
Mr. Traurig: We would not ask for any height period.
Mr. Dawkins: Ahl...now you and I are on the same wave length. The reason I
asked for this to come back, the citizens asked that it be heard and they
stated it themselves at that time that they doubted seriously there would be
any changes, but I assure you that from now on things like this will be looked
at in different light and what have you. So, this... I'm going to go along
with the recommendations of the department. Vote in favor of this, although,
I'm not in favor of it, but if the administration says that this is not a
substantial deviation, which I believe it is , but we pay them to make this
decision, but I, too, am like Mr. Suarez, any other things come up here like
this, I'm afraid it will be a different vote. Call the roll.
Mayor Suarez: I think what he is saying is if you strike water don't come
back, if you strike oil make sure you give it to the City.
Mr. Traurig: Excuse me, I have one question. Has a motion been made and
seconded?
Mr. Carollo: There is a motion and a second. That's correct Bob.
Ms. Hirai: I have a move and a second, yes.
Mr. Traurig: Ok. Thank you.
Mr. Carollo: Commissioner Dawkins made the motion and I seconded.
Mayor Suarez: Ok. Any further discussion by the Commission, call the roll?
gl
58 November 26, 1985
The following resolution was introduced by Commissioner Dawkins, who
moved its adoption:
RESOLUTION NO. 85-1136
A RESOLUTION AMENDING EXHIBIT "A" FINDINGS OF FACT
NUMBER 1 OF THE DEVELOPMENT ORDER (RESOLUTION NO. 85-
72, JANUARY 24, 1985), AND THE MAJOR USE SPECIAL
PERMIT (RESOLUTION 85-73, JANUARY 25, 1985,), FOR THE
TERREMARK CENTRE PROJECT, A DEVELOPMENT OF REGIONAL
IMPACT, LOCATED AT APPROXIMATELY 2560-2580 TIGERTAIL
AVENUE, 3204-3240 AVIATION AVENUE, AND 2583-2585 SOUTH
BAYSHORE DRIVE (MORE PARTICULARLY DESCRIBED HEREIN),
BY INCREASING THE HEIGHT OF THE BUILDING FROM 237 FEET
10 INCHES TO 250 FEET ABOVE GRADE; DECREASING THE AREA
OF THE OFFICE BUILDING FROM 314,000 TO 307,760 GROSS
SQUARE FEET; ELIMINATING ENCLOSED PLAZA OF 3,900
SQUARE FEET; INCREASING OPEN SPACE FROM 115,932 SQUARE
FEET TO 122,067 SQUARE FEET; INCREASING PEDESTRIAN
OPEN SPACE FROM 43,419 SQUARE FEET TO 58,893 SQUARE
FEET; DECREASING THE RETAIL AREAS OF THE BUILDING FROM
8,000 TO 7,610 SQUARE FEET; INCREASING PARKING SPACES
• FROM 1,050 AND 333,300 SQUARE. FEET TO 1,090 SPACES AND
346,693 SQUARE FEET; CHANGING THE EXTERIOR
CONFIGURATION OF THE BUILDING BY SHIFTING THE OFFICE
TOWER 18 FEET TOWARDS AVIATION AVENUE (NORTHEASTERLY);
FURTHER, FINDING THAT THE ABOVE CHANGES DO NOT
CONSTITUTE SUBSTANTIAL DEVIATIONS PURSUANT TO CHAPTER
380, FLORIDA STATUTES, AND DIRECTING THE CITY CLERK TO
SEND CERTIFIED COPIES OF THIS RESOLUTION TO AFFECTED
AGENCIES.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mayor Suarez: Item 13. We can still get to that.
Mr. Plummer: Mr. Mayor, I think we are at a point of maybe making a decision.
That decision is that the long standing policy of the Commission is that the
last speaker at 12:00 noon is the last speaker and the last item at 9 is the
last item. Now, I don't think we are going to get through Belle Meade and
Woodlawn and all of that prior to breaking for lunch and I think out of
courtesy to those people who were on the tail end of the agenda, that we ought
to make a decision as to what we are going to hear in the next eleven or
twelve minutes.
Mayor Suarez: I think that's a fair request, Commissioner, and I have a
suggestion and in the absence of some strenuous objection I will follow it,
that taking into account your suggestion, that Belle Meade's item be taken.
They are the northern most point, I guess, of the City of Miami. We still
have eleven minutes now counting down, before 12:00 o'clock and after that I
don't believe we will be able to get into any other items.
Mr. Plummer: I wholeheartedly concur.
Mayor Suarez: All right.
gl
59 November 26, 1985
. y
Mr. Plummer: Then you would announce that any item beyond...
Mayor Suarez: I can't imagine we could get into any other item after that.
So, why don't we go ahead and announce that items beyond 13... we will
reconvene at what time is the custom?
Mr. Plummer: 2:30 PM.
Mayor Suarez: Dr. Padron and company, I guess that means you get to have a
nice lunch and come back. Really your item will take some time I would think
depending on how many people you plan to have speaking, and I know that you
have students and I know you have teachers and T know you have people in a
variety of professions that have a lot of things to get accomplished. We have
gone through this agenda as fast as ever I guess in the history of Miami and
we previously told your opponents, I want you to know, that I would not defer
or continue this item. I simply would not do it and they are here, counsel
for the opponent is here, or the opponents is here and we will hear this item
I believe right after lunch in effect because you are the next one after 13.
Mr. Plummer: Excuse me. Mr. Mayor, it's already been announced that we will
do the selection of the Manager as the first item after the lunch break, I
think.
,rR
Mr. Carollo: That's correct.
Mr. Plummer: I don't think that's going to take that long.
Mayor Suarez: What is the Commission's pleasure on this item. I mean, I
would go quickly through 13 and try to get to 14 if you felt like it before
lunch. I... I want to tell you we usually don't decide these matters on the
strength of how many people re clapping for or against and that's not the way
we should decide them. Commissioners, what's your...?
Ms. Kennedy: I don't have any objections in doing that Mr. Mayor.
37. GRANT APPEAL BY BELLE MEADE ISLAND HOMEOWNERS' ASSOCIATION AND OVERTURN
ZONING BOARD'S APPROVAL OF SPECIAL EXCEPTION PERMITTING OCCUPANCY OF
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS.
Mayor Suarez: All right, let's go quickly through 13. I'm not promising
anything at this point.
Mr. Guillermo Olmedillo: The application you have before you is the use of a
houseboat as living quarters in connection with two vacant lots located on
78th Street Northeast and loth Avenue. For the record Guillermo Olmedillo,
City of Miami Planning. The analysis of the Planning Department shows that
some of the properties are vacant facing 78th Street. There are five vacant
lots that are beginning to accumulate trash and debris. The proposal of
having a houseboat as living quarters was recommended approved by the
Planning Department subject to a limitation that a residential unit could not
be built while the houseboat is being used as a living quarters. Also, a six
month review by the Zoning Board. So that it is subject to clean up and
maintenance not only of the site, but of the boat to maintain the appearance
of the area. The Zoning Board recommended a review period of one year from
October 21st and a courtesy note to the property owners within a three
3 seventy—five foot radius.
Mayor Suarez: We should hear first from the objectors because they are
technically the applicant before this Commission. Do we have any objectors
anyone from Belle Meade Island Homeowners Association.
Mr. Walter Pierce: Mr. Mayor.
Mayor Suarez: Yes.
gl 60 November 26, 1985
r-
Mr. Walter Pierce: This morning we received in the City Manager's Office a
petition and maps showing those opposed and those in support of the
application and I would like to pass that among the Commission so that you
might see that...
Mayor Suarez: Did you do a count Mr. Pierce? Walter?
Mr. Pierce: Yes, I personally did one quickly this morning and in the three
hundred seventy-five radius from the subject property there are sixty one lots
and of those sixty-one lots eighteen appeared neutral, eight appeared to be
proponents and thirty-three of those lots are opposed to the application and
two lots, of course, are the subject property.
Mayor Suarez: Ok. I guess your presentation is completed?
Mr. Olmedillo: Yes, sir.
Mayor Suarez: We are to waiting to hear from the8 objectors first on behalf
the of Belle Meade Homeowners Association. Belle Meade Island I guess is the
correct...
Ms. Helen Dunnell: Yes. Mayor Suarez and Commissioners, I am Helen Dunnell.
I live at 855 Belle Meade Island, Miami, Florida. I am the zoning and
beautification chairman of our association and represent the Belle Meade
Island Homeowners Association. I have here an aerial photograph of the area
taken last February, 1984. Many long time residents of Miami have no idea
that this unique river island exists. To approach our island one must turn
east on Biscayne Boulevard driving through the residential area of Belle
Meade. At 9th Avenue one turns North crossing the little wooden bridge. This
island is the delta land of the river. It borders on Biscayne Bay. It was
developed in 1940. One follows the course of the little river, the source
being the Everglades as it meanders Southeast to Biscayne Bay. Biscayne
Boulevard crosses the river between 77th and 78th Streets. From this vantage
point, one can see the commercial section of the river. This section borders
the banks primarily on the east side with the marina and boat related
businesses. It is in this commercial area that one can see some house boats.
Continuing down the river to where the island divides the zoning changes to
residential. On this western side bordering on all sides of the river are all
one family dwellings. There are no double occupancy condominiums, apartments
or the like. My husband and I bought our home on the island twenty-three
years ago for the same reason as our neighbors. It is absolutely... it is
astoundingly beautiful. It's tranquil, peaceful, and a haven for aquatic
life. A major reason for this is just off the eastern end within close
proximity of Belle Meade Island are two islands designated and protected in
Biscayne Bay as bird rookeries. The bird life depends and coexists with the
Little River. Over the years we have seen some major changes. The large
flocks of wild Mallards and Scamps no longer winter here. The commercial
island has destroyed the roosting areas of the Night Brown Harrins. Each May
the river has teams of Snook. Now, they are rarely seen. Fortunately, we
remain an important refuge for the manatee and many sea fowl. Now, we have an
1; encroachment of family occupancy in our area that is not in keeping with the
area.
Mayor Suarez: Can you ... you understand our time constraints, could you
paraphrase a little bit what...
Ms. Dunnell: Yes, I will. I'm nearly finished. Mrs. Dozier describes her
house boat a "sturdy steal like barge structure" upon which is constructed a
two story townhouse. This barge having no self proportion must be towed to
her lot and permanently moored. The applicant has also told us that she has
lived on houseboats for the past fourteen years in different areas of Miami.
Our island in the Belle Meade area is made up of families who go to work
everyday. They take pride in their homes maintaining and improving them.
This intrusion of the occupancy of a townhouse on the river bank is totally
incompatible and inconsistent to the existing residential area. It is
interfering with the harmony of a beautiful and truly unique residential
community and an important environmental area of Miami. Thank you.
Mayor Suarez: Thank you Ma'am. Any other members are a part of the
organization of the applicant. Margarite.
Sl 61 November 26, 1985
Ms. Margarite Shearon: T'm sorry about the time limitation, because it took
quite a while to get our talks down to the very few minutes that you are
allowing us and Helen has really covered very much of what's involved here.
First I will tell you that I'm Margarite Shearon. I live at 1169 Belle Meade
Island Drive. We have lived there for twenty years, my husband and I. I am
also, what I sometimes refer to as the lucky President of the Belle Meade
Island Homeowners Association. I have a little talk that I set up here and if
you want to stop me at any time please feel free to do so, but I would like to
make some points.
Mayor Suarez: Why don't you try to make it in about three minutes if you
would. We are trying to keep everyone to that constraint.
Ms. Shearon: All right, I will try. Ok. Our appeal is grounded on the
allegation that the board based it's decision on erroneous informations
supplied by staff in the petition and on the Board's failure to properly
consider the general purpose of the zoning ordinance, that being to protect
adjoining properties from avoidable adverse effects. We furnished you with
two petitions and a colored map. I hope that you have the colored map before
you for it is different from the one here. We found that errors were made
where notices were sent. We found that some people received no notice. Some
notices were sent to a former owner of properties in transition and the whole
thing was such a short period of time we didn't adequately have a chance to
present our case when it was first heard. Now, that you have seen our map you
see that the red areas are the only ones who supported Mrs. Dozier in her
petition and only two of those lots are on the water. The red Xs show the two
barges which are already there, one of them illegal and the second one which
was given temporary permission is there because of the first barge. It was
used as a precedent setting. Now, we don't suffer as much from Biscayne
Boulevard as you might think, because we formed a Homeowners' Association
about four years ago and once the residents realized that the neighborhood is
really an extension of the home, we have had no trouble working to keep our
_ area as it is. It is still beautiful and tranquil. Crossing the bridge is a
pleasure and anyone who sees it understands that this is a special and unique
area. You think one houseboat doesn't change the area? Last Summer one of
our kind hearted residents allowed a house boat to dock behind her home on
Belle Meade at 900 right by the bridge. The fury that that caused was
incomprehensible. Real estate agents, people coming to look at houses,
visitors, anyone across the bridge wondering why we couldn't get that
houseboat removed. We couldn't get it removed because the Zoning Department
was helpless. We could not prove there was anyone living on the houseboat.
In spite of the fact that electricity was put in and telephone lines were
established right away, we had no proof. The only way we removed that boat
was with the help of the kind resident who was made to see that she was
hurting the area.
Mayor Suarez: Margarite, could you paraphrase your last comments please. I
think we are getting the point.
Ms. Shearon: Right. We are in complete sympathy with anybody wanting to live
in our area. We want them to establish home a and buy a house and live there
i and as one more point I wish to cover, Ms. Dozier appeared to feel a lack of
funds to do all the things that needed to be done on her property right away
and we understand that, but she has purchased two unencumbered lots in a
beautiful area on deep water. She is in the real estate business or is going
into it. We are sure she is not going to lose by having made that purchase.
We ask the City Commission to use it's powers to help us this time. Reverse
the decision and perhaps set a precedent so that we won't have to go through
this again too soon. Thank you.
Mayor Suarez: Thank you Margarite.
Ms. Shearon: Did I make it?
Mayor Suarez: Yes, pretty close. Any other objectors that would say anything
much different from what's been said? Is that the last of the speakers on
behalf of the objectors? How many more? Can you agree on having some
representative of the group ... one minute each. I'm going to hold you to that.
Go ahead, sir.
gl
62 November 26, 1985
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD)
Mr. Alvin Nosnic: I want to read you a list of division... excuse me, the
name is Alvin Nosnic, 1025 Belle Meade Island. I want to read you a list of
divisions or agencies involved in the quest to get a ruling on the legality of
house barges. One department referred me to another. I was attempting not
only to get a ruling on houseboats, but also sea walls, pilings, anchorages,
and sewage disposal. Marine Safety Division, Aides to Navigation, Marine
Environmental Protection Branch, Coast Guard, Corps of Engineers, State
Department of Environmental Regulation, Department of Environmental Resources
Management (commonly known as DERM), Building and Zoning and Department of
Public Works, Federal, State County and City. There is some many conflicting
laws that it's virtually impossible to see a clear cut picture in relation to
houseboats. I believe it's necessary insofar as the City of Miami is
concerned to study the question as to the negative effects these house barges
have on our environment, protection of resources and our neighborhoods. How
they change the character of neighborhoods. An adverse ruling on your part
could lead to a proliferation of these houseboats and the impact this could
have on our properties and the value of our properties cannot be ignored.
Until this study is completed I respectfully request any special exceptions
for houseboats be denied. Thank you. Did I make it in a minute Mayor?
Mayor Suarez: Very good.
Mr. Nosnic: Ok.
Mayor Suarez: Ok. Now, we have three one minute each.
Mr. Alex Salem: My name is Alex Salem. I live at 960 Belle Meade Island with
my wife. That is on the South side of the island. Almost directly across
from us, on the South Little River side there is a property with two extra
lots. Further down on the same side almost to the Bay another property with
two or three lots. We also, have two more lots on the island. Therefore,
there is a strong possibility that if Mrs. Dozier is granted permission to
live in her house barge, that a damaging precedent will be set resulting in
the domino principle which would allow all of the empty lots on and around the
island to have live a boards on house barges and this could be as high as a
dozen. This certainly could not be considered to be harmonious and compatible
to us, but only a further nuisance that could destroy our property values and
our way of life. Please don't allow this to happen. We don't want to be an
area that will be a house barge. We simply wish to remain as we are, an area
that is a little bit of heaven. Thank you.
Ms. Ingrid Moussalle: Good morning. My name is Ingrid Moussalle and I live
at 915 Belle Meade Island Drive. I own the property directly opposite of Ms.
Dozier and when we were in the early stages of building our tennis court on
the vacant lots which we purchased adjacent to our property, we had to get the
signature of all our neighbors and the people across Little River before we
would be issued a building permit. Everyone had to sign an agreement.
Everybody did sign and the result is a lovely addition to our island. Then we
were asked to permit a house barge last year across from us. We were against
it as were the majority of my neighbors. It was permitted. This year we
again were asked to allow another house barge. We mailed in our card to the
city for opposing the granting of the special permit, by the way, our card
never made it into the file on the case, even though we did send it in the day
it was received and we came to the public hearing in October and despite the
majority of the homeowners being against granting it the Zoning Board allowed
it. Where is the justice in this action?
Mayor Suarez: Thank you Ma'am.
Ms. Silvia Tamames: Mayor and Commissioners, my name is Silvia Tamames. I
live at 881 Belle Meade Island. Paragraph 23057 of the Zoning Ordinance of
the City of Miami states: "for a special permit consideration shall be given
to potentially adverse effects to the nearby properties, areas and
neighborhood. The use or occupancy will be compatible and harmonious with
other development in the area to a degree which will avoid depreciation and
value of the nearby properties". The special exception permit granted to
Jacqueline Dozier does not conform to the guidelines as described in that
gl 63 November 26, 1985
ordinance as such use is not compatible or harmonious with other development
of the area and in fact creates a nuisance in our community. When the permit
was issued, I inquired and was informed by the Zoning Department that the two
other house barges in the area set a precedent which allowed for the granting
of the permit. You should realize that the so-called "precedent" refers to a
house barge established with no building permit and no certificate of use.
Mr. Ed Milligan and Mrs. Robin Harry, of the Zoning Department, had been
trying to have it removed for the past several years without success. The
second house barge was granted a six-month special exception permit based on
the precedent of the other illegal house barge. We live in a very beautiful
and unique natural environment of residential homes in an area where each
homeowner is required to follow the Code's rules and laws, failure to comply
with the rules cause the whole community to suffer. My question to you Mayor,
and Commissioners, is how can an illegal house barge be used to set a
precedent which will allow for other house barges to be more in our community?
Therefore, we the majority, again request that the permit granted to Mrs.
Dozier be overruled. Thank you very much.
Mayor Suarez: Thank you Ma'am. Is that it for the objectors who are really
the petitioners before this board.
Mr. UNIDENTIFIED SPEAKER: Yes, just for the record, I have some pictures here
to show the Board of how the houseboat look and just present it.
Mr. Carollo: If I may, I'm ready to make a motion to disapprove the permit,
if that would help to expedite...
Mayor Suarez: Well, I think the other side is going to have a right to be
heard.
Mr. Carollo: Yes, they have the right to be heard, but...
Mayor Suarez: Yes, on the objectors, the Commissioner has indicated he is
ready to make a motion essentially in your favor. So, maybe we ought to hear
from the other side.
Ms. Jacqueline Dozier: Mayor, Commissioners, my name is Jacqueline Dozier. I
reside at 1900 Northeast 79th Street Causeway. I understand all the
objections. We have heard all the objections before. The Zoning and Planning
Board has heard the objections before. We have been through this. We are
wasting everybody's time. My house boat is lovely. Everybody is welcome to
come down and see it. It's at Flamingo Marina. I have lived on it for seven
years, not fourteen years, and my daughter is twelve and she has been there
most of her life. We are environmentalists. I own three other properties on
the water including in the Keys. I am involved with several clubs in the area
that are environmentally concerned. I have cleaned up this piece of property.
If the Belle Meade Island people would remember, this piece of property was a
playground for vagrants and fishermen and real degenerates before I came along
and cleaned it up. It's now looking like a valuable piece of property. I
have waterfront rights on that property and I would like very much to be able
to dock my boat there. It's a beautiful boat and it's always been well
maintained. I have friends who live on Little River on their houseboats in
front of residences, which is contrary to what was said, and I would just ask
this board this morning, Mayor and the Commissioners, to please consider this.
The Zoning Board approved this permit and I have been in the process of going
ahead with this approval and I have now become unable to do anything and I
would just like you to reconsider and if it is rejected by this board, I would
ask that whatever erroneous information was presented would it please go back
to the Zoning Board to be corrected so that we can hear this again.
Mayor Suarez: Thank you, Ms. Dozier.
Mr. Plummer: Question. You said that... excuse me, would you come back to
the microphone please. You made a statement that based on the approval at the
lower board that you were proceeding. Proceeding to do what?
Ms. Dozier:
was ten days
appeal.
gl
I have not been able to proceed, but when I got my permit there
before I heard or got notice that there was going to be an
64 November 26, 1985
,,n
Mr. Plummer: The indication is you are proceeding to do something. What is
it?
Ms. Dozier: No, I haven't proceeded to do anything. I was told I couldn't do
anything.
Mr. Plummer: What are you intentions if the permit were to be granted. What
are you going to proceed to do?
Ms. Dozier: To abide by the conditions of the permit.
Mr. Plummer: Oh, ok. You are not going to make any building or anything like
that.
Ms. Dozier: No, it's already been stipulated that I'm not permitted to build
on that property as long as a houseboat is...dwell there.
Mr. Plummer: Ok. I just wanted to know what you were proceeding to do.
Mayor Suarez: I think she meant to proceed to live there is what you meant
right?
Ms. Dozier: Yes.
Mr. Plummer: Ok. Thank you.
Mayor Suarez: Ok. We have a motion on the floor. Are you ready to make a
motion Commissioner?
Mr. Carollo: That's correct. I make a motion that we disapprove. Actually,
I guess we are approving the petition of the Belle Meade Island Homeowners
Association of the appellant.
Mr. Plummer: I think legally what you are doing is overruling.
Ms. Kennedy: Right. Overruling the permit.
Mr. Carollo: Overruling the Planning Department's recommendation and the
Zoning Board's recommendation.
Ms. Kennedy: Mr. Mayor, I will second that motion and under discussion I want
to ask also, Sergio, perhaps, what happens if we approve your department's
recommendation. Will they go to court then?
Mr. Rodriguez: Actually what you are approving now is the Zoning Board.
Ms. Kennedy: No, it's the opposite, but I know...
Mr. Rodriguez: What I mean is we made a recommendation in the Zoning Board
supporting their recommendation. So, what you are dealing with now is the
Zoning Board's recommendation. So, if you approve the Zoning Board's
recommendation, then this permit will be approved and then there will be a
decision at this point from the appellants to go to court if they don't agree
with you.
Ms. Kennedy: Right. Ok. That was my question.
Mayor Suarez: Does the fact of the department's recommendation being in favor
of the applicant, not the appellant, does that give additional grounds for
them to appeal, for the applicant to appeal, not the appellant? I just want
to aware of that.
Mr. Rodriguez: I imagine that would give some support in court.
Mayor Suarez: I want to add on the discussion that I have a real problem when
an applicant comes in for something like this and the address is listed as
P.O. Box 274. To me that tells me right away the person is not a citizen or a
resident of Miami in the way I think of residents of Miami that have a post
office box. I cannot imagine a more discordant use than to have next to Belle
Meade Island a houseboat or a house barge, depending on how you call it and I
gl
65 November 26, 1985
am ready to vote "no" on the item. "Yes" on the appeal and "no" on special
use. Anyone else from the Commission want to comment? Call the roll please.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-1137
A RESOLUTION REVERSING THE DECISION OF THE ZONING
BOARD AND THEREBY DENYING THE SPECIAL EXCEPTION AS
LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF DISTRICT
REGULATIONS, PAGE 1 TO 6, RS-2 ONE -FAMILY DETACHED
RESIDENTIAL, PRINCIPAL USES AND STRUCTURES, TO PERMIT
OCCUPANCY OF ONE PRIVATE PLEASURE CRAFT AS LIVING
QUARTERS IN CONNECTION WITH A VACANT LOT LOCATED AT
990 NORTHEAST 78TH STREET, ALSO DESCRIBED AS LOTS 1
AND 2, BLOCK 22, SHORE CREST (10-23) P.R.D.C., SUBJECT
TO CLEANUP AND MAINTENANCE OF SITE AT ALL TIMES, BOAT
MAINTAINED IN GOOD CONDITION AND A REVIEW BY THE
ZONING BOARD ONE YEAR FROM OCTOBER 21, 1985, WITH A
COURTESY NOTICE TO ALL PROPERTY OWNERS WITHIN 375' OF
• THE SUBJECT PROPERTY AND AT WHICH TIME THE SEA WALL
SHALL BE PARTIALLY OR TOTALLY REBUILT; ZONED RS-2/2
ONE -FAMILY DETACHED RESIDENTIAL.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
LUNCH RECESS: THEREUPON, THE CITY COMMISSION
WENT INTO A LUNCH RECESS AT 12:19 O'clock P.M.
RECONVENING AT 2:38 O'clock P.M. WITH ALL
MEMBERS OF THE COMMISSION FOUND TO BE PRESENT
EXCEPT COMMISSIONER CAROLLO.
38. BRIEF COMMENTS BY COMMISSION KENNEDY WELCOMING CHILDREN WHO HAD SPENT
TIME IN JAIL PENDING IMMIGRATION MATTERS.
Ms. Kennedy: Mr. Mayor, before we start with this important agenda, I would
like at this point to recognize somebody who is here today, who has been in
jail for the past eleven months. I am sure my fellow Commissioners would
agree with me in knowing that this person did not deserve to be in jail.
Let's give a heart felt welcome to Lacey Orozco who just came out of jail
after eleven months in Texas. I just wanted to show her that in the City of
Miami we welcome little girls like her and we don't send them to jail.
Mayor Suarez: What were the charges, conspiracy?
NOTE FOR THE RECORD: Commissioner Joe Carollo entered the meeting at 2:41
P.M.
7
gl 66 November 26, 1985
4 A,
39-A GUIDELINES FOR SELECTION OF CITY MANAGER: (A) SELECTED
INDIVIDUAL TO BE SWORN IN TODAY; (B) KEEP SERGIO PEREIRA'S
SALARY AT PRESENT LEVEL THROUGH DECEMBER 15TH.
Mayor Suarez: Commissioners, let's bring this meeting to order please and
proceed with Item 21.1 which has been scheduled at the request of
Commissioners Plummer and Carollo, and that is, the appointment of a new City
Manager. I believe the correct procedure is to open nominations and I so open
at this point.
Mr. Carollo: Mr. Mayor, if I may, I would like to bring it to nomination the
name of Cesar Odio. In doing so I would like to take a few seconds to briefly
go into the background of the man that I have brought his name to domination.
Cesar Odio has been the Assistant City Manager that has served the City of
Miami now the longest out of all the ones that we have. He has been an
Assistant City Manager since approximately January of 1980. During that time
he has served the City of Miami in the most professional, honorable way that
we can request of any public servant. He has been an individual that at the
same time that tie has served his own Hispanic and Cuban American community,
has been an Assistant City Manager for all the City of ;Miami. He has been an
Assistant City Manager that has built bridges, not destroyed them. He has
been an individual that has gone about every task that he has been given for
this City in a very positive, very honorable, professional manner. All we
have to do is to see some of the accomplishments that he has made, not to
mention what he did in Miss Universe in promoting the City of Miami world
wide. We look at the Marine Stadium, that has been something that in the past
before he came aboard was losing a tremendous amount of money. Through Cesar
Odio as an Assistant City Manager, that deficit there has gone down year after
year. We look at the accomplishments that he has made with the Orange Bowl.
He has brought all kinds of new ideas where the City of Miami could make
additional monies in the Orange Bowl. If we look at the first game that the
University of Miami held in fourteen years in basketball, frankly, the reason
that they are playing at the Knight Center, in my opinion, was due in great
part to the efforts of what Mr. Odio did and I think that tie did a fantastic
job in setting up that Knight Center to make them feel as welcome as he
possible can. I think he is an individual that holds the respect of the vast
majority of city employees, an individual that would work with each and every
one of the members of this Commission and respect each and every one of us and
an individual that's going to be open to all the people of Miami. Those are
my reasons besides many more of why I am bringing his name into nomination and
why I will vote for him.
Mayor Suarez: Does someone want to second the nomination or do we need to
have a second? I don't think we need to have a second.
Mr. Carollo: No. Mr. Mayor, the usual way that we have always done it and I
think you will find that an acceptable way is that each member of the
Commission will nominate whomever they would like and of course, all it takes
is one nomination for each person that's brought into nomination.
Mayor Suarez: Thank you, Commissioner. That happens to be in agreement with
our nice legislative manual that we got in red. Are there any other
nominations?
Ms. Kennedy: Yes. Before we vote Mr. Mayor, I would like to explain my
feelings. I am a new member of this Commission and I like the Mayor, I agree
that the voters of this City want to see changes in the way we conduct our
City government. All of you who followed my campaign closely know how proud I
am of being the first Cuban American woman to occupy this seat. I say this
not out of ethnic pride, but I say this out of great humility. My pride is
not what we have accomplished, but in the role thousands of Cuban women who
came here as wives and mothers have played in the success stories that we all
hear about and it is not Cuban women alone, for all women in this Country have
had to change their lives drastically in the past two or three decades. Most
women cannot be satisfied with the roles of mothers and wives. Reality in
this Country has forced a great many of us to enter the business world and
gl 67 November 26, 1985
compete with men. The road has been vary difficult particularly for Latin
women in general who were further apart from equality than their other
American counterparts. I, like the Mayor, would have liked to have more time
to start at the list a little bit longer, to interview more candidates,
perhaps even see more women included in this list, but I don't believe that we
have that luxury today. It is therefore, that I limited myself to
interviewing those people who came to me or whose jobs make it an obvious
choice for the position that we now... that is now in question. One of the
candidates I interviewed was Assistant County Manager Juaquin Avino whose
impeccable credentials cannot be questioned. I also interviewed four of the
better known candidates, Mr. Garcia Pedrosa who did a fabulous job in
restructuring the City's Legal Department, Dr. Don, who is a rare and precious
thinker and should always be considered as a conscience to this community, Mr.
Rosencrantz who is an able administrator and whom I hope will stay in the City
and continue to serve it well, but of all the candidates I interviewed one
stands out because of his record and his perception on the direction in which
this City should be governed. To say that he represents the past is really to
ignore that the last City Commission rejected him for this job...
(BACKGROUND COMMENTS OFF THE PUBLIC RECORD).
Mayor Suarez: Divine intervention.
Mr. Carollo: Either that on this is the past speaking.
Ms. Kennedy: When you really worry is when he answers back, but I guess all
of you know that I am talking about Cesar Odio I wish I had had the
opportunity to have this gentleman's credentials matched with a few more
people, but I'm really satisfied that he plans to pare down city government
and to institute the reforms that we all seek. So, having said all that I
will vote for Cesar Odio and I will do so proudly, because I know that he will
continue to work well with the City and to serve it as he has done in the
past.
Mayor Suarez: Commissioners, any further nominations?
Mr. Plummer: I was thinking about nominating Sergio and he went to the County
today and heard the message of the Mayor about what they are proposing for the
year and came back and said he didn't like it a damn bit, but ... I just would
like to stop the proceedings and ladies and gentlemen, I want to tell all of
you if I can be afforded the privilege Mr. Mayor, that you know some months
ago, I had the feeling for Cesar Odio which I still have today. Very seldom
do I every change my mind, and I did not vote for the man who is presently the
City Manager, but I want to tell all of you that I'm going to miss him. He
has a style and a manner of doing things and I have been here sixteen years
and in those sixteen years I have been very very close to a lot of Managers,
but I have felt a closeness to this man ... and I want you to join with me in
telling Sergio Pereira that we are going to miss him and we wish him the best
in the world. (APPLAUSE) Mr. Mayor, I have no further nominations.
Mayor Suarez: I will just add about Mr. Pereira that during the two weeks
that I have been Mayor of this City I want to thank you for having made my job
enormously easier in every respect and for the incredible cooperation and
openness of your administration as I perceived it, although, I was only here
for two weeks. I will not put the name of Jose Garcia Pedrosa into
nomination. I think a lot of the same things about Jose that I feel about
Cesar Odio, as I do about some of the other people that are on my list, the
only difference being that Jose Garcia Pedrosa has proven the willingness and
the ability and the disposition and the strength of character to reduce a
budget into return to the taxpayers out of a budget of slightly over a million
dollars, two hundred fifty thousand dollars of unspent public monies. He took
a department that frankly, could be improved upon and not only improved it
enormously by his own capacity, his own hard work, but also left us with the
legacy that has been extremely helpful to me already in the two weeks that I
have been here and I have to say that to her of Lucia Allen Dougherty who was
one of his opponents for that job or one of the persons that sought the same
position that he did and he showed class, professionalism, he worked fourteen
hours a day. I believe as City Manager he would do the same thing for all of
us and make our lives and our jobs a lot easier and therefore, I nominate Jose
Garcia Pedrosa for the job of City Manager. (APPLAUSE) Do I hear a motion to
close the nominations?
gl 68 November 26, 1985
Mr. Plummer: So, move.
Mr. Carollo: So be it.
Mayor Suarez: Call the roll on the motion to close the nominations. This is
ballot number one.
THEREUPON, ON MOTION DULY MADE AND SECONDED, THE CITY COMMISSION
FORMALLY CLOSED THE PERIOD FOR NOMINATIONS.
Mayor Suarez: Now, is the correct procedure to go ahead and vote at this
point?
Mr. Plummer: Yes, sir.
Mayor Suarez: This is ballot #I .
Mr. Plummer: Mr. Mayor, prior to taking the vote may I have a clarification
or an understanding I guess more from the Commission as to what is the intent.
It would be my intent that the person who is chosen to be the City Manager be
sworn in today and that in fact Mr. Pereira would be kept on payroll until the
• 15th to effect the transition. Now, I think we should have some kind of an
understanding. I have forgone, you know, the... Well, you don't know. We
made an agreement with Mr. Pereira that if, for any reason, he was terminated
f short of the year, that he would be paid the balance of his agreement. Now, I
have the idea that since he is leaving three months before his contract is up
he owes us. He has had an unholy alliance with Maria Christina, my girl
friend, who the two of them have been trying everything in their power to get
me to make a motion to fire him so he could collect.
Mr. Pereira: And we'll go fifty fifty.
Mr. Plummer: Yes, fifty fifty, "serrucho". I found out what "serrucho"
means. It's like my bank account. I put it in, she takes it out. All right,
but I would like to, if it's in order, if you want to do it by motion, I will
make a motion... well, I can't there is a motion on the... no, there is no
motion on the floor. I would make a motion that the person chosen today be
sworn in today and that Mr. Pereira be kept at his present level...
Ms. Dougherty: No, no be sworn in today effective December.
Mr. Plummer: All right, I'm told the best way to do it is sworn in today
effective the 15th, and I so move.
Mrs. Kennedy: Second.
Mr. Carollo: I second that motion.
Mayor Suarez: Any discussion on the motion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1138
A MOTION OF THE CITY COMMISSION STIPULATING THAT THE
PERSON WHO IS SELECTED AS CITY MANAGER ON THIS DATE
SHALL BE IMMEDIATELY SWORN IN; FURTHER STATING THAT
HIS TERM WILL COMMENCE ON DECEMBER 15, 1985.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
i
r
gl 69 November 26, 1985
a
t
R,.
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
39-B SETTING SALARY AND EMOLUMENTS OF NEW CITY MANAGER - INSTRUCT CITY
ATTORNEY TO DRAFT APPROPRIATE RESOLUTION.
Mr. Plummer: Call the ballot.
Ms. Hirai: Announcement of ballot number one, Jose Garcia Pedrosa got one
vote from Mayor Suarez; Commissioners Dawkins, Kennedy, Plummer and Vice -Mayor
Carollo voted for Cesar Odio. (APPLAUSE)
Mayor Suarez: Madam City Clerk, if it's parliamentary possible, I would like
to now change my vote and make it unanimous on behalf of Cesar Odio.
Mr. Plummer: We really don't need Cesar, but Mary Ann come on you make sure
you come up. We will get the real boss up here.
Mayor Suarez: While we wait Commissioners, if I may for a second reconvene.
Is he on his way?
(SERGIO PEREIRA'S ENTRANCE IS GREETED WITH APPLAUSE)
Mr. Carollo: Mr. Manager, if I may at this time, if I may ask what is the
salary that you are presently making, sir.
Mr. Pereira: Ninety-two thousand dollars, sir.
Mr. Carollo: Ninety-two thousand dollars. Well, let me say this, for someone
that has served the City since January of 1980 and has served the City in such
a professional manner and that I know will follow the progressive and positive
footsteps of his previous predecessor, Mr. Pereira, I think that a salary of
ninety-two thousand dollars is perfect and in order to begin his new period.
So, I make a motion that we make the terms of the salary of the new manager at
ninety-two thousand dollars and for the City Attorney to work out the
appropriate resolution for that matter.
Mayor Suarez: Let me address that and I think Commissioner Plummer is going
i'.
to want to address that...
+
Mr. Plummer: I would like to second it, but I would like you to consider
Commission Carollo,.— Commissioner Carollo, with your permission as the maker
of the motion, I would like to hear the wording which has been in the past and
that is ninety-two thousand the same terms and conditions and amenities of
'
office.
Mr. Carollo: Absolutely, J. L.
1.
'
Mayor Suarez: I would like to if I may, hear from the other Commissioners on
i
this issue. You know, my own feelings about a salary for a City Manager and I
want to stick by it, but before I say that let me say something about the
i
appointment, because we are not yet into the issue of salaries and I want to
jsay
something to all of you who are assembled here. My number one priority,
E
the one for which the people of Miami elected me, was to bring reform to City
Hall and to bring reform in the way of streamlining the administration of this
is
City, that includes lowering salaries which I feel and the people of Miami, I
i
i
think, feel are excessive and that includes and if you compare to the County
gl 70 November 26, 1985
which has a budget of approximately five times the City's and yet has ten
Assistant City Manager and Assistants to the City Manager, whereas we have
fifteen as I mentioned more often than some people would like to hear during
the campaign and I think ttie City needs reform. My unanimous vote on behalf
of Cesar Odio stands on the proposition that he actually more than most of the
other candidates and may be more than any of the candidates that I spoke to
was very specific on carrying out those reforms and I'm going to hold him to
those reforms and I'm going to hold his feet to the fire, because were it not
to happen, I will go back to the voters of Miami and ask for whatever organic
changes we need to make in our City Charter to make sure that we have the
reforms that we talked about during the campaign, and that includes if
necessary and I hope it isn't frankly, that includes if necessary passing or
proposing once again a strong mayor or executive mayor proposal. Now, as far
as Cesar Odio, I want to say something that I would not say publicly before
this point. A long time ago, twenty years ago perhaps, Cesar actually knows
the day better, he cooperated with my first cousin in going to Cuba in a boat
to rescue my uncle who was sentenced to thirty years. I have to say to you,
Cesar, that I will always appreciate your having made that effort. I know
your own father didn't come out that time, he was also in jail. But tie is
here with us today and I welcome him to this Commission and I know how proud
he must be. I might add too that present in this Commission is the son of my
other uncle who was also sentenced to thirty years, my father's other brother,
one of the biggest men that Cuba ever produced, both in size and in heart,
Ignacio Suarez Carreno, and he never made it because tie died in jail. But my
other uncle, the one that you helped to get out did come out and tie is
grateful to you as I am and we are very proud in our family to have you as
City Manager of the City of Miami and one other thing, for about ten years I
have had a very licit relationship with your wife, Mr. Odio's wife. Licit.
About ten years ago I had the pleasure and the honor of working with Marianne
Prio Odio in connection with what was then a very small mental health center
and is now a very large mental health center, and I was counselor for the
Miami Mental Health Center, I have to tell you Cesar, that what I know of your
wife and I know she is a psychologist and she felt very strongly as I did that
Dr. Marvin Dunn would have made a good City Manager even though he is a
psychologist, because she felt that way about herself and I have to tell you
that if she had applied for City Manager you would have been number six on my
list, not number five and you agree with that assessment. But any how we look
forward to working with you and any other remarks that I may make from this
point on regarding salary can be attributed to me strong feelings about reform
and about the issue of the salary for the City Manager and not in any way to
your capacity and your disposition and your future performance as City Manager
which I'm sure is going to be stellar. So, congratulations on my behalf and
the people that elected me Mayor of City of Miami. (APPLAUSE).
Ms. Hirai: Mr. Mayor, we need to call the roll on the setting of the salary.
Mayor Suarez: Could we clarify the motion, it's been a little while?
Mr. Carollo: It's a motion to make the Manager's salary, starting salary, at
ninety-two thousand dollars a year with the same benefits and incentives that
have normally gone with the City Manager's Office. The same ones that Mr.
Pereira has had.
Mayor Suarez: Very briefly we are talking about the salary, obviously, what
benefits are we more or less relating to here. I would like to know what we
are voting on?
Mr. Plummer: The normal with the City Manager is the normal amenities
afforded to any general employee which is about a package of about thirty-six
or thirty-eight per cent. The Manager also is afforded a car. The Manager is
also afforded an expense account.
Ms. Dougherty: Club.
Mr. Plummer: Excuse me.
Ms. Dougherty: Expense account clubs.
Mayor Suarez: What's the story on the private clubs membership? I had a
problem frankly...
gl 71 November 26, 1985
11
H
Mr. Plummer: That's one membership, two memberships in any of the Downtown
clubs.
Mayor Suarez: I have a problem with that and I will so state at this point.
I don't think that we should be paying for any private club memberships and if
we were going to pay for any it would be one at most.
Mr. Plummer: All right, well, I don't disagree with that. Let me just if I
may, Mayor. We only started that of recent and that was for the purpose of
dignataries that were coming into town, that the Manager who was stuck must
with the job of escorting and taking them around, did not have a membership in
which to take them to that we would be proud of and I have no problem with
reducing it to one in any way, shape or form. I don't have any problem with
two, because it is in the City and when he leaves it reverts back to the City.
Personally, I would rather leave it at two to give the flexibility, but that's
the main purpose of why that was put in in the first place.
Mr. Carollo: The motion is the same benefits that the previous Managers have
had.
Mayor Suarez: Any further discussion on the motion?
Mr. Dawkins: Yes.
Mayor Suarez: Commissioner.
Mr. Dawkins: I hear everyone applauding when you say cut salary. I hear
everyone applauding when you say reduce benefits, but very few people out
there know that, or seem to care that, the five of us who sit here are part-
time politicians and that the City Manager runs this City twenty-four hours a
day. Now, you... those of you who buy at Falcon Ford, you buy it because you
want it. Those of you who buy a Mercedes Benz, you buy it because you want
it. Those of you who buy the Falcon do not expect to get the performance, the
wear and the tear out of it that you get out of your Falcon. Now, you can
applaude all you want, but up here in the City of Miami you get what you pay
for and those of you who feel that the salary of ninety-two thousand dollars a
year is too great for a man to make to manage this City, you may be right, but
the thing to do is say from this moment on we are going to set a cap of "X"
number of dollars for the next City Manager, let's don't penalize the City
Manager that we have got now who thinks... who is making almost that now and
then and then you expect him to take a cut and bring his standard of living
down and make his family suffer so that he can serve you. So, therefore, I'm
voting in favor of the salary and if anybody in here or up here is desirous of
passing any laws or regulations stating that we will put a cap of twenty
thousand dollars on the City Manager and whatever twenty thousand dollars will
hire if we will accept it, that's what we will get. Thank you.
Mayor Suarez: Yes, Commissioner Kennedy.
Ms. Kennedy: Following along those lines I think it's also very important to
keep the same salary because then we would have to cut all the other people
coming under him and I think it's very fruitful to have the higher echelons
and middle echelons and the lower echelons. So, I also am for that for that
reason.
Mayor Suarez: Actually, my feeling on the salary cap that Commissioner
Dawkins talked about is that it should apply not only to the City Manager, but
even more so to the assistants, so I have no problem with that and we may very
well draft an ordinance or ask an ordinance to be drafted to that effect for
the next meeting of the Commission. At this point unless there is any further
discussion, are we ready to call the roll gentlemen? Commissioner? -Call the
roll please.
gl 72 November 26, 1985
0 A
The following motion was introduced by Commissioner Carollo, who
moved its adoption:
MOTION NO. 85-1139
A MOTION SETTING THE SALARY OF THE CITY MANAGER AT
$92,000; FURTHER INSTRUCTING THE CITY ATTORNEY TO
PREPARE THE APPROPRIATE RESOLUTION STIPULATING THE
SALARY AND THE SAME EMOLUMENTS OF OFFICE AS THOSE
RECEIVED BY THE PRIOR CITY MANAGER.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
NOES: Mayor Xavier L. Suarez
ABSENT: None.
Mayor Suarez: Madam City Attorney, Commissioner Plummer who have been here a
longer time than I have, any other ceremonial ---Mr. City Manager ---ceremonial
aspects of this or...
Mr. Plummer: Mr... only to comply with the Charter the naming of the City
Attorney or do you want to do that in regular sequence. It's usually always
done together is the only reason I'm saying it.
Mayor Suarez: I have no problem with that. We have it on the agenda, did we
not?
Mr. Plummer: Yes, it's by Charter.
Ms. Kennedy: What item is that?
Mayor Suarez: But I mean it is regularly scheduled if you want to wait until
we get to that point.
Mr. Plummer: Let's do it and get it over with.
------------------------------------------------------------------------------
40. ELECT AND REAPPOINT LUCIA A. DOUGHERTY AS CITY ATTORNEY.
------------------------------------------------------------------------------
Ms. Kennedy: I move to keep Ms. Dougherty.
Mr. Plummer: Second. You moved Item 43.
Mayor Suarez: You can't move that until I have acceded to placing it before
this Commission at this point, but I will so accede if that your pleasure.
Ms. Kennedy: 43, yes.
Mr. Plummer: I second it.
Mayor Suarez: Any discussion? Call the roll.
gl
73 November 26, 1985
The following resolution was introduced by Commissioner Kennedy, who
moved its adoption:
RESOLUTION NO. 85-1140
A RESOLUTION ELECTING AND REAPPOINTING LUCIA A.
DOUGHERTY, AS CITY ATTORNEY OF THE CITY OF MIAMI,
FLORIDA, TO HOLD OFFICE AS PROVIDED FOR IN THE CITY
CHARTER.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier Suarez
• NOES: None.
ABSENT: None.
41. ELECT AND REAPPOINT MATTY HIRAI AS CITY CLERK.
Mr. Carollo: I move 44.
Ms. Kennedy: Second.
Mr. Plummer: Third.
Mayor Suarez: Clarify what we are talking about please for the audience.
Mr. Plummer: The Office of City Clerk.
Mayor Suarez: I understand in the case of the City Clerk, Madam City
Attorney, the salary has been set already?
Ms. Dougherty: Both resolutions indicate that the same salaries and terms and
conditions as previously approved by the Commission.
Mayor Suarez: Isn't that because it's in effect a two year contract, or am I
wrong in that?
Ms. Dougherty: It's a two year term.
' Mayor Suarez: Right.
i Mr. Plummer: Well, excuse me, just so the record...
Mayor Suarez: Although, they are reappointed, I believe the salary terms can
now be changed. I'm not sure.
Mr. Plummer: Only at budget time.
Mayor Suarez: And they have been preset before we could do anything about it.
IMr. Plummer: Clarify for the record. It is not a contract. It is a
reappointment.
Mayor Suarez: Thank you for the...
i
Mr. Plummer: The Charter prohibits the word contract.
. gl 74 November 26, 1985
..14
Mayor Suarez: But it's a pre -establishment of a salary by the...
Mr. Plummer: It's an understanding of agreement. Agreement of understanding.
Mayor Suarez: You mean agreement of compensation.
Mr. Plummer: More or less.
Mayor Suarez: It has already been set in the normal budgetary process. Is
that correct?
Ms. Dougherty: Yes.
Mayor Suarez: For one additional year.
The following resolution was introduced by Commissioner Carollo, who
moved its adoption:
RESOLUTION NO. 85-1141
A RESOLUTION ELECTING AND REAPPOINTING MATTY HIRAI, AS
CITY CLERK OF THE CITY OF MIAMI, FLORIDA, TO HOLD
OFFICE AS PROVIDED FOR IN THE CITY CHARTER.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commmissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.'
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
42. AFFIRM DECISION OF ZONING BOARD AND DENY APPEAL OF CLASS D SPECIAL PERMIT
AS LISTED IN ORD. 9500 PERMITTING DEFERRAL FOR 5 YEARS OF 57 REQUIRED
OFF-STREET PARKING SPACES -IN CONNECTION WITH THE OPERATION OF MIAMI DADE
COMMUNITY COLLEGE BILINGUAL CENTRE.
Mayor Suarez: Ok. We are moving on to Item 14.
Mr. Guillermo Olmedillo: Good afternoon Mr. Mayor, Commissioner, for the
record Guillermo Olmedillo, City of Miami Planning Department. The Miami Dade
Community College plans to operate from a building located at the intersection
of section 27th Avenue and Southwest 6th Street. The change from the present
office use to a college -type facility increased the requirement for parking
spaces. The college has asked for a waiver of fifty-seven spaces out of the
two hundred one required for a period of five years. After this period, they
would comply with the ordinance by building a structure in the site. The
basic argument is the fact that the bank activities to be retained in the
building and the school activities have different peak hours. The Planning
Department recommended before the Zoning Board the approval of waiver for a
two-year period and review at the end of that two-year period. The main
concern of the Planning Department is the effect that the spillover parking
may have on the neighborhood area surround the college site, considering
necessary a periodic review in order to evaluate the conditions generated by
the elimination of the fifty-seven parking spaces. The applicants have
presented a covenant which includes these measures. The Zoning Board granted
the five year waiver on fifty-seven parking spaces subject to these provisions
included in the covenant.
gl 75 November 26, 1985
16
H
Mayor Suarez: Ok. The appeal is by the objectors, Lee. So, I guess you go
first.
Mr. Lee Schillinger: Thank you. First my congratulations to the Mayor and to
Commissioners Kennedy and Dawkins and to Mr. Odio. It's very difficult after
going through such exciting things to come back to the normal facts of life,
but we must do that. I represent Mae Marzouca and I also represent fourteen
other individuals who last night signed another petition of objection of which
I would like to file with the City Clerk. The individuals own property within
the immediate vicinity and I don't know if you wish me to read their names
into the record or to file it, but I am going to file this with the Clerk.
These are individuals who also had filed objections before the Zoning Appeals
Board and these are the people that are directly affected by the request.
First of all you need to understand the realities of this. The Miami Dade
Community College is a State organization and is operating a community college
presently, or campus, presently in the building that is at 8th Street and 27th
Avenue. They have a lease and that lease provides that there is sufficient
parking. In fact, they have a whole floor of a parking garage which under
their lease is held for their students and they have approximately two hundred
spaces in that building. There is a six hundred space garage that they are
part of in this building. They are not seeking to move. There is, under
State law, the requirement for an organization to receive beneficial grants
such as when people want to make donations and there was a corporation created
known as the Miami Dade Community College Foundation pursuant to that Statute.
It is that foundation that is seeking to purchase the bank property to then
lease it to the community college, because the community college is under a
number of statutory requirements, under Chapters 235 and 240 of the Florida
Statutes, that they are not attempting to comply with in this transaction and
there are a number of studies that have to be done and it has to be approved
by the Legislature for the Community college to do that. So, and the
community college is not being evie.ted from where they are. They have a lease
that's on going and has a renewal time and the property owners in the area
have a number of cars parked in front of their property. When the application
for this class "D" special permit was filed it included a letter which
indicated that the foundation intended to purchase the property and
subsequently transfer it to the community college which it then suggested
would no longer be subject to the City zoning controls because it's a State
body. They also submitted a study that they had performed of the parking
usage and found that eighty-two percent of their students drove cars, but that
only approximately thirty per cent of that used the garage and thirty-two per
cent of the eight -two per cent used the garage that's provided and the
remaining people that drive cars used the off. -street facilities. If you
reviewed the minutes that -I hope have been supplied- to you that were
prepared yesterday from the Zoning Appeals Board, there was a speaker... he is
referred to on page 3. Mr. John Talpis who told the board that his mother
lives at one of these houses and he was down here from Greensburg,
Pennsylvania, and specifically stayed to appear to object because of the cars
that are parking on the street. The covenant that has been submitted says
that if during any of the yearly reviews it is found that the spillover
parking cars by the property constitutes a nuisance to the neighborhood -and I
submit to you on behalf of the objectors that there is already a nuisance to
the neighborhood because the students are not using the garage facilities that
are available to them now. What is being proposed is that they are going to
increase the burden on the neighborhood. There are a number of students in
the audience. I have asked a number of them and they indicated to me that
they were students. I asked one lady from the college and she indicated to me
that these were students and we are not talking about the students. The
ordinance..., in fact, I argued before the Zoning Appeals Boards that this
really is a request for a variance because it's to be permanent in nature and
Mr. Freixas who made the motion and it's shown in the minutes, even admitted
he thought this was really a request for a variance. And a class "D" permit
should never be approved if it in fact should be a variance. It specifically
says that under Article 26, and Article 26 specifically requires that before a
class "D" permit will be granted you have to consider the special effect it's
going to have on the parking in the immediate neighborhood and I know that
there is a lot of emotionalism from these signs. It affects me too and it
says: "protect your education." Nobody is contesting the right of the
community college to remain in this area. It is there now and it shall stay
and we don't want it not to stay. And it says "say "yes" for Miami Dade
gl 76 November 26, 1985
M�
1 11
Community College", but this isn't really... I think that this is being done
in a way that tries to get around the State Statutes and it says "protect
their education" and "we are the neighborhood", and I submit to you that I
believe that these people are primarily the students of the school and you
should be persuaded by the legal requirements. I understand also, that there
is a request for a variance that has been filed and is scheduled to be heard
this coming Monday by the Zoning Appeals Board. In light of the fact that Mr.
Freixas said in his time that he made the motion he thought this was a request
for a variance, in light of the fact that they have filed for a variance, I
submit to you that you should deny, you should grant my appeal, deny the class
"D" special permit and let this matter be heard as a variance, because that's
the way it should appropriately be handied.
Mayor Suarez: Thank you, Lee. Lee, one thing I don't believe I heard you
clarify it. Who exactly are you representing in opposing?
Mr. Schillinger: I represent... I have filed a representation on behalf of
Mae Marzouca and also, I have this petition of fourteen names. I do not
represent M. B. Garris at this time. My original appeal said I represented M.
B. Garris. I did have a letter signed by Mr. Garris. There is some question
about that and I have spoken to him personally and it turns out anyway that he
doesn't own that property anymore. Which also, I should point out for the
record there was an impropriety and that the list of owners names listed an
owner, Mr. M. B. Garris or actually M. B. Garris, Jr. of that estate, that in
fact did not own the property and the actual property owner of the property
across the street was never sent notice of these matters.
Mr. Dawkins: Mr. Mayor, I cannot vote because I work at Miami Dade. I would
like to ask you two questions please. How much rent is paid is paid by the
college to the people where they are renting from per year?
Mr. Schillinger: I have the lease if that really... I will answer it. I
would object to it. I don't really think that it applies to the class "D"
permit, but the lease does provide...
Mr. Dawkins: But you see, you don't have to vote up here, I do. So, would
you answer my question please sir.
Mr. Schillinger: No. Ok. I have the... The lease here provides that as of,
let me see, August 1st of 1985, they are paying eighteen dollars a square foot
and it says that as of August 1, 1985, $16,039.74 and provides... This runs
u.nLil Aagust of 86 with a one year renewal thereafter and the one year renewal
would increase to... In fact, there is an amendment here...
Mr. Dawkins: Is there anybody from Miami Dade who can tell me what you pay
him annually?
Mr. Schillinger: I'm looking here at amendment that says September 1, 1985,
$32,826.46 and so as of now... as of November 1st, they are paying
$32,826.46...
Mr. Dawkins: Per month, per year, per day, per what?
Mr. Schillinger: No, per month. That's per month.
Mr. Dawkins: So, that's twelve times that.
Mr. Schillinger: That's correct.
Mr. Dawkins: I mean, you don't need a PHD to understand twelve times that.
Mr. Schillinger: That's correct.
Mr. Dawkins: So, twelve times that is how much now?
Mayor Suarez: It's about four hundred thousand dollars a year. A little bit
less.
Mr. Schillinger: Almost four hundred thousand.
gl
77 November 26, 1985
10 lk
Mr. Dawkins: About four hundred thousand dollars, right? Now, what's wrong
with Miami Dade... how many spaces you say is not being used in this facility?
How many parking spaces?
Mr. Schillinger: That the students are desiring not to use?
Mr. Dawkins: Yes, are not using. Yes, sir. How many?
Mr. Schillinger: They say approximately a hundred that are available that
they are not using.
Mr. Dawkins: Well, why don't... Well, suppose... I mean, I can't vote, but
suppose I suggested to Dr. McCabe that we rent those hundred auto spaces
instead of paying four hundred dollars a year rent for the building?
Mr. Schillinger: They are available now and the people aren't using them.
Mr. Dawkins: Ok. Anybody can explain it to him in Spanish, because he
doesn't seem to be getting it in English.
Mr. Schillinger: No, I understand English very well.
Mr. Dawkins: Ok. All right. Ok. Thank you.
Mayor Suarez: Thank you, Lee and it's good to see you here at City Hall after
I battle you in the courts. Anyone else on behalf of what is really the
applicant or the appellant at this point, petitioner. Mr. Davis.
Mr. Darrey Davis.: Mr. Mayor and members of the Commission, for the record
I'm Darrey Davis, Steele Hecter and Davis, Southeast Financial Center,
Counselor for the applicant here. This is an appeal from a unanimous decision
of the Zoning Board, to grant a deferral of the required number of parking
spaces. The present facilities occupied by the Miami Dade Junior College, and
this involves the bilingual program of the college, presently they occupy
space and have for the seven years. They are leasing the space in the Royal
Trust Tower which is owned and managed by Carolyn Wise. Their lease expires
next August and they have a right to renew at an additional rent for one year.
The present facilities are deemed inadequate by the college.
Mayor Suarez: Mr. Davis, you are an attorney who speaks in complete
paragraphs, so, I hate to interrupt you. Could you just bring the mike a
little closer?
Mr. Davis: Yes, sir. Thank you, sir. The college finds itself in the
situation where the present facilities are inadequate. They have had
continuing problems with the air conditioning, the maintenance and repair is
unsatisfactory. The space is too small for classroom purposes. The
opportunity has presented now that they can acquire through the foundation
because the foundation has the ability to finance it, a purchase of the
Florida National Bank which is in the same area at 627 Southwest 27th Avenue.
The foundation will acquire title because they have the funding ability. They
will then lease the first story, which is presently occupied by the Florida
National Bank, the two remaining stories will be converted to classrooms to be
{
occupied by the college for it's bilingual program and under that arrangement
and the financing is completed, the college will ultimately end up owning that
building and continue to lease it. The problem of parking has been raised.
It's rather curious that during the seven years that they have occupied the
rented space from Carolyn Wise there has been no parking problem that we know
- i
of. There have been no complaints. There have been no enforcement measures.
There has not been brought to the attention of the college or anyone else the
fact that there is existing parking problems. There is now a tremendous
parking problem. As a matter of fact, by the acquisition of the Florida
National Bank, we will add to the parking spaces presently available to the
college a hundred forty-four parking spaces which are present in that building
s
and I don't say that sometimes the college students don't slip in an use
i
those, but they will be properly available to the students on the acquisition
of this building. There has been the charge that this violates in some
fashion State law. I'm not clear how, but I can state to you that the State
Department of Education has approved this transaction and has condoned it and
i
has put their stamp of approval on it. This is an opportunity for the college
gl 78 November 26, 1985
to get into adequate quarters and facilities, that they are able to do
financially, and the main motivation behind this is a pure financial one, that
their investigation shows that it over the period of time this will be a
financial savings to the taxpayers because it can be done more economically
than the present rent of some four hundred thousand a year plus an additional
rent if they exercise their option to rent for one more year. As to the
parking problem we have a traffic consultant who I would like to have speak to
you briefly, but first with your indulgence I would like to present to you Dr.
Padron who will very briefly point out to you the vital importance of the
bilingual program and the advantage to the college to follow this procedure.
Now, one more thing I want to say before that. As part of this transaction
the class "D" permit is simply a deferral of the required fifty-seven spaces
that your traffic regulations require. There is a requirement and that
declaration of restriction has been executed by the present owner of Florida
National and by the foundation, it has been approved by the City Attorney's
Office, and it has been delivered for recording. Under that there is a annual
inspection by the City Fire Rescue and Enforcement Department to evaluate the
situation of parking that'll exist next year and if it finds that it's a
nuisance to the neighborhood, then we are required to do whatever they tell us
has to be done to alleviate any parking conditions that may exist at that
time. So, the most that we have is one year if there is a parking problem to
solve it. We are beginning already, because the last thing the college wants
is any traffic problem because of its relationship with the neighbors and its
relationship with the students. We don't want a parking problem. Therefore,
we have a traffic consultant who is now advising us as to what could be done
to help alleviate the existence or creation of a problem. We are in
discussion with the Downtown Parking Authority as to any thoughts they may
have. So, we've conscientiously in good faith want to prevent a parking
problem. If one exists now we have not been made aware of it and the City has
not been made aware of it. It seems to me that it's logical to conclude that
we have a landlord who is disappointed in losing a tenant, that's rather
vindictive about it and we just don't think that's in the public interest or
bears upon the merits of it. We have confusion about who is representing who.
Let's don't be misunderstood. Carolyn Wise, the landlord, the owner of the
present premises is the instigator of the appeal and the opposition. With
your permission I would like to ask you to hear Dr. Padron.
Mr. Plummer: Could I interject one minute, please, Darrey.
Mr. Davis: Yes, sir.
Mr. Plummer: For my edification and may be some others that might be as
ignorant as I am, that review every year would come back before this
Commission until such time as they comply with what is needed. Is that
correct?
Mr. Olmedillo: I believe it goes before the Zoning Board?
Mr. Plummer: The conditional use?
Mr. Olmedillo: The review.
Mr. Plummer: Excuse me?
Mr. Pierce: The staff review.
Mr. Plummer: All right, is it possible that this Commission in granting this
which they request could make it mandated that they have to come back before
this Commission?
Ms. Dougherty: Yes.
Mr. Plummer: We can do such, then I'm comfortable.
Mayor Suarez: One question I had, Darrey, was do you have anything in writing
from the Department of Education as to their acquiescence or agreement that
this is perfectly within State law?
Mr. Davis: Let me inquire, because I don't know
gl 79 November 26, 1985
Mayor Suarez: I see some nodding heads back there. Could that be afforded to
us as soon as possible so we can also place that in the record.
Mr. Davis: Well, I will take the responsible of transmitting it to your
office.
Mayor Suarez: Anything further on this item?
Mr. Dawkins: Yes, Mr. Mayor, I think I need to attempt to clear up something
that was put out as false... that the foundation... the foundation is nothing
more than the same things that you find at private schools where people die
and leave money and trust funds are set up. The foundation of Miami Dade
Community College is just the same thing and one of the biggest contributors
to the foundations was Mitchell Wolfson. So, I don't want people to think
that we, at Miami Dade, are attempting to avoid any State requirements or not
meet any State requirements.
Mr. Darrey: Mr. Mayor, may I present- Dr. Padron very briefly.
Mr. Eduardo Padron: Eduardo Padron, with offices at 300 Northeast 2nd Avenue.
I just want to remind you of the important service that this center in Little
Havana renders to the citizens. Back in 1972 several people from the Little
Havana area, including some of the most active organizations in that
community, including the Latin Chamber of Commerce, the InterAmerican
Businessmen Association, the Accion Community Center and others approached the
college with a request that we establish a presence in the area. We reacted
quickly to establish a center and the result has been a very fruitful
relationship with the community whereby citizens mostly from working classes
represented from very low income groups come to that center not only to learn
English sometimes or become mechanics and other trades, but also to become
lawyers, to become teachers, engineers, architects and there are people right
in this community that started... had their big start at Miami Dade. Some of
you have even been actively involved in the center by teaching there and I
feel that it's been proven that Miami Dade Community College is a responsible
institution and in no way we want to create any trouble for the community,
parking or otherwise, and I want the record to reflect that because our record
stand on itself. Thank you.
Mayor Suarez: Thank you, Dr. Padron. I myself was a teacher at Miami Dade.
The Royal Trust Campus, I don't know what you call it but... You are not
finished with your presentation? Go ahead.
Mr. Davis: I would like to present our traffic consultant briefly to state
his name and what investigation he made and what he found in respect to the
present traffic situation. Very briefly.
Mr. Jackson M. Ahlstedt: My name is Jackson M. Ahlstedt. I'm a registered
professional engineer in the State of Florida with offices at 46th Northwest
94th Street. I have been retained by Miami Dade Community College to
investigate the traffic and parking implications of the proposed relocation of
the facility from the Royal Trust Bank to the Florida National Bank Building,
basically, at the present time students are not permitted during banking hours
to utilize the existing service lot at the Florida National Bank. With the
shift of the college to that facility it will make available within the
immediate vicinity of the campus an additional one hundred forty-four parking
spaces presently not available to them. I did field surveys in the last
couple of weeks and the indications are that during the daylight hours there
are fifty-five to sixty five spaces presently available in the parking lot.
Mayor Suarez: I don't want to cut you short. I just want to suggest to you
that the shorter you go the more likely you are going to succeed. I just have
that feeling.
Mr. Ahlstedt: Understood. Understood. It's my professional opinion, sir,
and members of the Commission, that at this time there does not appear to be a
problem that would be created by the relocation of the college.
Mr. Plummer: Mr. Mayor, unless anybody else feels absolutely that they must
talk and if they do I will change my vote, I would make a motion at this time
that Item 14 be approved with the following condition; that until such time as
gl
80 November 26, 1985
.19
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they have attained the required number of parking spaces required by Code,
that on an annual basis the Building Department or the Planning... whatever
department...
Mr. Pierce: Building and Zoning.
Mr. Plummer: ...the Building and Zoning Department will make an inspection.
If they find anything amiss or any objectors, it would then come back before
this Commission on an annual basis until such time as they have been able to
acquire all necessary compliance with Code. I so move.
Mayor Suarez: I just want to clarify. The motion is going to have to be in
reverse, I believe, that the appeal be denied.
Ms. Kennedy: Yes, and I second that motion.
Mr. Plummer: You are absolutely correct, but I want those conditions applied
to it.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1142
A RESOLUTION AFFIRMING THE DECISION OF THE ZONING BOARD
AND DENYING THE APPEAL OF THE CLASS D SPECIAL PERMIT AS
LISTED IN ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 20, SECTION 2017, SUBSECTION
2017.8 PERMITTING THE DEFERRAL FOR A PERIOD OF FIVE (5)
YEARS OF THE CONSTRUCTION OF 57 REQUIRED OFFSTREET PARKING
SPACES (201 OFFSTREET PARKING SPACES REQUIRED; 144
PROVIDED) SAID DEFERRAL OF CONSTRUCTION WOULD ALLOW THE
OPERATION OF THE MIAMI-DADE COMMUNITY COLLEGE BILINGUAL
CENTER IN CONJUNCTION WITH THE FLORIDA NATIONAL BANK, AS
PER PLANS ON FILE, SUBJECT TO PROVISIONS CONCERNING
REVOCATION OR CHANGES IN CONDITIONS OR SAFEGUARDS AND A
COVE
(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 Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
ABSTAINED: Commissioner Miller J. Dawkins
43. APPROVE ADDENDUM TO CITY OF MIAMI/DADE COUNTY SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT PLAN BOUNDARIES (R-82-755).
Mayor Suarez: Item 15.
Mr. Herb Bailey: Mr. Mayor, and members of the Commission, my name is Herb
Bailey, Assistant City Manager. We have before you a request that would
permit us to modify our Southeast Overtown/Park West boundaries to include an
area that when developed will greatly contribute to the taxes and tax
gl 81 November 26, 1985
V_
increment that will enable us to carry out the financing of our Southeast
Overtown/Park West Project. We are requesting that this Commission approve in
principle, that we extend our boundaries from Northwest 5th Street to
Northwest 1st and from the Metrorail over to North Miami Avenue.
Mr. Plummer: Mr. Mayor, I think everyone of the members of the Commission
have been briefed on this item by Mr. Bailey in advance and I personally would
like to think him for taking the time. If no member of the Commission has a
problem and all have been briefed, I would just like to move this and get it
over with. This is to me the spark plug that is needed to really start that
project out. The money is there, these people have the backing and there is
not question in my mind that this will be a definite plus to this City.
Mr. Dawkins: Second.
Mayor Suarez: And we will note that Mr. Barreto and Mr. Fine are here to
speak on behalf of this application I presume.
Mr. Plummer: Oh, I thought Mr. Barreto was going to make some kind of
voluntary... Did Mr. Barreto, say you were going to volunteer... What was it?
Mayor Suarez: Do we have any... Is it proper for us to here... Is it
necessary for us to hear from any objectors or this is not one of those...
Mr. Plummer: If there are any.
Mayor Suarez: Are there any objectors? Is there anyone that wants to be
heard against this item? Ok. Let's hear a motion then.
Mr. Plummer: I so move.
Mr. Dawkins: Second.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1143
A RESOLUTION APPROVING THE DOCUMENT ENTITLED "AN
ADDENDUM TO THE CITY OF MIAMI/DADE COUNTY SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN
(OCTOBER , 1985)" WHICH EXTENDS THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT PLAN
BOUNDARIES ADOPTED IN 1982 BY CITY COMMISSION
RESOLUTION NO. 82-755, TO THE AREA GENERALLY BOUNDED
BY N.W. 5TH STREET TO THE NORTH, MIAMI AVENUE TO THE
EAST, N.W. 1ST STREET TO THE SOUTH AND THE METRORAIL
RIGHT-OF-WAY TO THE WEST; MAKING RECOMMENDATION FOR
APPROVAL BY THE BOARD OF COUNTY COMMISSIONERS.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
? Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
i
COMMENTS MADE DURING ROLL CALL:
gl
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82 November 26, 1985
Ms. Kennedy: I think it's great, it will increase our tax base and I
definitely go for it, yes.
44. DISCONTINUE USE OF A PORTION OF THE PUBLIC UTILITY EASEMENT, AS INDICATED
IN RECORDED PLAN ENTITLED "GROVE MOUNTAIN".
Mayor Suarez: Item 16.
Mr. Plummer: Mr. Mayor, I will announce that I will be abstaining from voting
on this issue. This is... you are now on..
Mr. Pierce: 16.
Mr. Plummer: Oh, I'm sorry. No, no, I'm sorry.
Mayor Suarez: You didn't think It was the cemetery did you?
Mr. Plummer: No. Close to it, but no... Who requested this? Did we request
this or the applicant?
Mr. Pierce: #16?
Mr. Plummer: 16.
Mr. Pierce: Oh, we will give you a brief explanation. You want me to give it
to you?
UNIDENTIFIED SPEAKER: Replat a plat to close an easement.
Mr. Plummer: But are we to expect that they need to make some kind of a
volunteer?
Mr. Pierce: No.
Mr. Plummer: We don't expect that.
Mr. Pierce: No, not on this one.
Mr. Plummer: Not on this one. All right.
Mayor Suarez: I see here that there are some donations of oak trees. Is
that... we did a hundred fifty this morning and you are only doing thirty-
nine, may be...
Mr. Plummer: Have you already made a volunteer covenant before? Yes, please.
j Mayor Suarez: Yes, go ahead. Go ahead please.
jMr. Plummer: We might cut through this very quickly.
Mr. Rodriguez: Commissioner Plummer, as part of the process in which these
people went before the Heritage Conservation Board, the Planning Department
was able to convince them to a voluntary proffer of thirty-nine new life oak
1 trees for the City's Parks Department, plus continuation of decorative
pavement in Southwest 27th Avenue and Cornelia Drive right-of-way, plus
improvements to Cornelia Drive and the... some projects, some of the planting
3 to be of a certain size and so on. I think we got a little improvement out of
r
the applicant.
i
Mr. Plummer: Thirty-nine?
y
Mr. Dawkins: Yes, oak trees, not black olive trees.
t
Mr. James Kolisch: Commissioner, we are talking about big trees rather little
trees.
gl
83 November 26, 1985
�"t
■ 1-
Mayor Suarez: We went through that this morning. We have a motion on the
floor and a second. Or do we have a motion? Somebody wants to move the item?
Mr. Plummer: Well, excuse me, for discussion on Item 17, does the same thing
apply?
Mr. Pierce: It's a companion item.
Mr. Plummer: Did we get thirty-nine more oak trees?
Mr. Kolisch: No, it's the approval of this plat.
Mayor Suarez: We are up to seventy-eight.
Mr. Plummer: Did you say seventy-eight?
Mr. Kolisch: No, I sure didn't.
Mr. Plummer: Well, I will move 16, because we got half of it there?
Mr. Dawkins: Ok. Second.
Mayor Suarez: Ok, further discussion from Commissioners? Call the roll.
Mr. Plummer: Are there any objectors? Are there any objectors?
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1144
A RESOLUTION CLOSING, VACATING, ABANDONING AND
DISCONTINUING THE USE OF THAT PORTION OF THE PUBLIC
UTILITY EASEMENT, AS INDICATED ON THE RECORDED PLAT
TITLED "GROVE MOUNTAIN" RECORDED IN PLAT BOOK 118,
PAGE 16 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA,
ALL AS A CONDITION OF APPROVAL OF TENTATIVE PLAT #1261
"GROVE MOUNTAIN REPLAT".
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo*
Mayor Xavier L. Suarez
NOES: None.
NOTE: *Though absent on roll call, Commissioner Carollo asked of the Clerk to
be shown voting with the motion.
45. ACCEPT PLAT: GROVE MOUNTAIN REPLAT.
j;
3
3
i Mayor Suarez: Item 17. He is looking for another thirty-nine trees here.
a
Mr. Plummer: 17.
f
Mr. Campbell: This is just the approval of the plat...
Mr. Plummer: Yes, I understand that.
gl
84 November 26, 1985
A. ,
Mr. George Campbell: ... where this, that you just closed, a little easement
in it.
Mr. Kolisch: Commissioner, I might add that we have donated so much in blood
and sweat on this one. We have improved Cornelia Drive. We have big trees
rather than little trees. We already gave up an easement to the City on 27th
Avenue.
Mr. Plummer: But that's for your benefit. Ok.
Mr. Kolisch: Not the easement. I would be more than willing to keep it.
Air. Plummer: Sure, access of traffic to your property.
Air. Kolisch: Well, I think the improvement to Cornelia Drive would also make
a big difference, plus the fact these are really oak trees. These are not
little black olives.
Mr. Plummer: Don't you feel like you would like to do something for the
tennis courts in Coconut Grove?
Mr. Kolisch: I'm really not in a position to do anything more. That is as
much as we can do.
Mr. Plummer: I move Item 17.
r
Ms. Kennedy: Second
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1145
A RESOLUTION ACCEPTING THE PLAT ENTITLED GROVE
MOUNTAIN REPLAT, 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 Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo*
Mayor Xavier L. Suarez
NOES: None.
!
1
s
NOTE: *(Same
as 1144).
46. TRANSMIT
"MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN 1976-1986" AND THE CITY
MANAGER
CAPITAL IMPROVEMENT
PROGRAM TO THE DEPARTMENT OF COMMUNITY
AFFAIRS
IN SATISFACTION OF LEGISLATIVE REQUIREMENT.
Mayor Suarez:
Item 18. I believe
this is our own department. The Planning
Department, right?
l-
gl
85 November 26, 1985
Mr.. Plummer: This is a normal thing Mr. Mayor, that it doesn't mean really a
whole hill of beans, except complying with State and Federal regulations. I
move that as adopted.
Mr. Dawkins: Second.
Mr. Plummer: And for the record that at any time this Commission with three
votes can change any item in this budget that is not already in progress or
restricted funds.
Mr. Rodriguez: This is the transmittal of the CIP that you approved last
year.
Mr. Plummer: Exactly.
Mr. Rodriguez: Plus the Comprehensive Plan.
Mr. Plummer: Fine.
Mr. Rodriguez: We will be before you the second meeting in December with some
changes from the other plan.
Mayor Suarez: I want to say something Mr. Rodriguez. I read your memorandum
on this. I have absolutely no problem sending up to Tallahassee our existing
Comprehensive Neighborhood Plan at no cost to the taxpayers. I know that by
r 1988 sometime we must come up with a new one after having presumably some
neighborhood hearings or whatever, but I will oppose you, sir, on your
request, unless it comes from some other source and even then I might oppose
you for large amounts of money for consultants to redo our Comprehensive
Neighborhood Plan which may or may not need a redoing whatsoever and that's
sort of a warning. I mean, I would like to see from my perspective the
neighborhoods consulted and we, this Commission is willing to go out there and
certainly I'm sure your department is willing to go out there and listen to
their feelings on our Comprehensive Neighborhood Plan, but I just don't see
the need because of a State law that will take application in 1988 for us to
be spending large amounts of money in 1985 or 86. Maybe let the next Mayor
worry about this and that's going to be the way I'm going to look at this and
I know we are going to be fighting it out over the next few months on this.
Mr. Rodriguez: I'm sure we will talk to you and try to convince you
otherwise.
Mayor Suarez: You will try to convince me in a peaceful way. Sure. Ok. We
have got a motion on the floor, any further discussion? Call the roll please.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1146
A RESOLUTION DIRECTING THE CITY CLERK TO TRANSMIT
IMMEDIATELY, FOR RECEIPT BY DECEMBER 1, 1985, THE
"MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1976-1986" AND
THE CITY OF MIAMI CAPITAL IMPROVEMENT PROGRAM TO THE
DEPARTMENT OF COMMUNITY AFFAIRS IN SATISFACTION OF
a CHAPTER 163.3187(2) F.S. OF THE STATE OF FLORIDA LOCAL
GOVERNMENT COMPREHENSIVE PLANNING AND LOCAL
DEVELOPMENT REGULATION ACT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
- i
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote-
s
i
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r
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
47. RESCHEDULE REGULAR CITY COMMISSION MEETING OF DEC. 12, 1985 TO TAKE PLACE
DEC. 19, 1985 AT 9:00 A.M. - AND RESCHEDULE CITY COMMISSION MEETING OF
DEC. 26, 1985 TO TAKE PLACE. ON DEC. 19, 1985 AT 2:00 P.M.
Mr. Plummer: Mr. Mayor, may I clarify this for the record? A Resolution has
to be done to ratify our action. Moved. (WHEREUPON, COMMISSIONER PLUPDIER
PROCEEDED TO READ THE HEREINBELOW RESOLUTION BY TITLE ONLY).
Mr. Dawkins: Second.
Mayor Suarez: Further discussion, call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1147
A RESOLUTION RESCHEDULING THE REGULAR CITY COMMISSION
MEETING OF DECEMBER 12, 1985 TO TAKE PLACE ON DECEMBER
19, 1985 AT 9:00 A.M. AND RESCHEDULING THE REGULAR
CITY COMMISSION MEETING OF DECEMBER 26, 1985 TO TAKE
PLACE ON DECEMBER 19, 1985 AT 2:00 P.M.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
i ABSENT: None.
48. APPROVE ACCEPTANCE OF RESTRICTED GIFT TO THE CITY OF A PYRAMID DESK AND
MATCHING CREDENZA FROM BWF ENTERPRISES INC.
Mayor Suarez: Ok. Item 45. Mr. City Manager, I believe this relates to a
and I can tell all of you, this relates to a gift of a desk and credenza set
which was made to... initially to myself and I clarified that I could not
accept such a gift and it is in fact being made to the City of Miami which
means that at some point this Commission can move that credenza and desk
around and it doesn't have to be in my office, I believe. At the particular
moment that we are in it is in my office and I presume that this has to be
done for any... certainly for any large gift. Is that correct?
Mr. Plummer: Anything over twenty-five dollars.
gl
87 November 26, 1985
10
Mr. Pereira: Anything over twenty-five bucks.
Mayor Suarez: That's a State law. I'm holding a pen here that was given to
me yesterday by the people... a cross pen, by the people from Fargo, North
Dakota and I have also, a very nice carving given to me by the journalists
from Hong Kong which is also located in the Mayor's Office right now and I
intend to leave it there, but if you think that a resolution should be made...
I have no idea of the value of these items and I... you know, I just want to
state that for the record. I certainly don't want to go in anyway against the
law.
Mr. Plummer: Mr. Mayor, you are just using the pen, right?
Mayor Suarez: I'm just using it. You are welcome to borrow it.
Mr. Plummer: And when you leave, you will leave the pen.
Mayor Suarez: I'm going to leave the pen here.
Mr. Plummer: Sure.
Mayor Suarez: I will probably lose it long before I leave.
Mr. Plummer: No, we got a problem.
Mayor Suarez: It will not be transferred or conveyed to anyone. I guarantee
you.
Mr. Plummer: I move Item 45.
Mr. Carollo: 45 is the one on the triangle?
Mr. Plummer: The credenza. It's given to the City, not to an individual.
Mr. Carollo: Do you want- to accept that Xavier?
Mayor Suarez: Yes, on behalf of the City I accept that and it's now located
in my office.
Mr. Carollo: I will move it or has it been moved? I will second it then,
certainly.
Mayor Suarez: Ok. Any discussion.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1148
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING
ACCEPTANCE OF THE RESTRICTED GIFT TO THE CITY OF A
PYRAMID DESK AND MATCHING CREDENZA FROM BWF
ENTERPRISES, INC.
(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 Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
gl 88 November 26, 1985
0
49. EXPRESS SOLIDARITY WITH CITIZENS OF COLOMBIA IN THEIR MISFORTUNE CAUSED
BY DEVASTATING MUDSLIDES; INSTRUCT CITY MANAGER TO IDENTIFY TYPE OF
ASSISTANCE TO BE SENT.
Mayor Suarez: Item 46.
Mr. Plummer: Mr. Mayor, on Item 46 I would like to move it but also there is
another item, let me find it back here. There is actually two that I would
like to attach or tie to it. Item 67, is a waiver of a rental which would be
for the proceeds to go to the stricken area in Colombia and I would like to
incorporate that in with Item 46 and also, you have... Don't mix apples and
oranges. Well, what about the other... where is the other resolution you had?
Also, Mr. Mayor, all of your offices were notified that last Saturday,
actually, on Thursday, we received an urgent call from the Colombian Consulate
requesting if there was any fire gear available. We went through the Fire
Department surplus and as you might well be aware there is a modernization
program. They had fifty-six sets that had already been replaced together with
• a number of boots and gloves and we had a giving of that on Saturday morning
to which you all were invited and there will be more sets of that which would
be declared under the policy of this Commission which will be going to
Colombia together with when the breathing apparatus is replaced. So, I would
be happy to move... Oh, I think 46 is your item isn't it? Do you want to move
it.
Mayor Suarez: Yes. No, go ahead.
Mr. Plummer: I would be happy to move them individually as requested by the
City Attorney and I first move Item 46.
Mayor Suarez: Second.
Mr. Plummer: No, no, don't you second.
Mayor Suarez: No, I need a second. I'm looking for one.
Ms.. Kennedy: Second.
Mayor Suarez: Any discussion?
Ms. Kennedy: I just want to say for the record that several of us have been
involved in the efforts to help with the suffering of our brothers and sisters
in Colombia and again the City of Miami has united in this great effort with
money and love and I think it's a great idea.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1149
A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING
THE SOLIDARITY OF THE CITIZENS OF THE CITY OF MIAMI
WITH THE CITIZENS OF COLOMBIA IN THEIR TIME OF NEED
AND MISFORTUNE DUE TO THE DEVASTATING MUDSLIDES CAUSED
1 BY THE ERUPTION OF THE NEVADA DEL RUIZ VOLCANO;
FURTHER INSTRUCTING THE CITY MANAGER TO CONTACT THE
CONSUL GENERAL OF COLOMBIA, ROBERTO GARCIA PENA, IN
ORDER TO IDENTIFY THE KIND OF EQUIPMENT THE CITY OF
MIAMI CAN SEND AT THIS TIME IN ORDER TO EXPRESS ITS
SYMPATHY FOR THE PEOPLE OF COLOMBIA.
(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-
4
gl 89 November 26, 1985
r�
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
50. GRANT REQUEST BY GREATER MIAMI FOLK ARTS, INC. - WAIVE RENTAL COST OF
CITY FACILITY AND FORWARD PROCEEDS TO COLOMBIA FOR RECENT TRAGEDY.
Mr. Plummer: Mr. Mayor, I would move now Item 67, which is a benefit to raise
money for the stricken area and I would move Item 67 at this time.
Mr. Dawkins: Second.
r- Mayor Suarez: Any discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1150
A MOTION GRANTING REQUEST RECEIVED FROM THE GREATER
MIAMI FOLK ARTS INC. FOR A WAIVER OF RENTAL COST OF A
CITY FACILITY IN ORDER THAT THEIR PROCEEDS MAY BE
FORWARDED TO COLOMBIA IN SOLIDARITY IN THEIR TIME OF
NEED DUE TO THEIR RECENT TRAGEDY.
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Rosario Kennedy
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
51-A AMEND AUG. 23, 1985 CONTRACT WITH MIAMI-DADE TRADE & TOURISM COMMISSION,
INC. TO INCREASE ORIGINAL AMOUNT AND TO EXTEND EXPIRATION DATE.
51-B T.I.C. FUNDING NOT TO BE CONSIDERED UNTIL T.I.C. FORWARD $150,000 FOR
CITY PROMOTION.
Mr. Plummer: Mr. Mayor, Item 48 was deferred at the last meeting for my
personal request and I have a disagreement with the administration at the
present time. My disagreement Mr. Mayor, is that this City through the TDC
which is Tourist Development Council of which I sit raises through the bed tax
two per cent of monies which equates to about five million dollars a year.
That money primarily is used for promotions and for tourism and for
conventions. Now, what this group is doing is very very good, but I think we
also need to remember that of the monies that are raised in the TDC forty-four
per cent come from Miami facilities. Now, my point before and my point again
is that logically, rightfully in every way this organization should be funded
.O
V
from the TDC or the parent which is now the TIC or the Tourist Industry
Coalition. I just don't feel that it is fair to ask of this City when they
bring a convention, a minority convention or any other convention. it doesn't
stay just in the City. Everybody in the County enjoys the benefits and the
fruits of the labor. It is my strong recommendation to this Commission that
we fund them for another three months or another eighteen seven fifty and at
such time as they make application to the TDC as your representative there I
will fight like hell to get them funded where they should be, but I don't
think that it's fair that this City should... the attitude of the Commission
will be that if the City has already funded them, well we are not going to
even consider it. So, I would ask at this time that an additional three month
funding be granted and that in that interim period that a formal application
be made to either or both of the organizations and let's see if we can't get
the proper... what I feel is the proper authority to fund this organization
which benefits all of Dade County. That's my feeling and at such time if any
other discussion, I will be happy to make a motion.
Mr. Carollo: J. L., I'm in full agreement with that. So, if you would like
to make a motion at any time I would second it.
Mr. Plummer: Well, ok, I want to afford my colleagues the right of
discussion.
Mr. Pereira: I support that.
Y Mr. Plummer: Anybody have any disagreement with that?
Mayor Suarez: No.
Ms. Kennedy: That's all right with me.
Mayor Suarez: Commissioner, 1 just want to add, you know, the people of Dade
County and the City of Miami are probably as confused as I am right now as to
all these tourism and trade development entities and which is which and who
gets funds from what and if we don't get our act together pretty soon the
taxpayers are going to rise and take away all the funding, bed tax and
everything else. So, we as you suggested best get our house in order and try
to consolidate and make sure that the representation on all these boards is
fair too. In particular, the one we are dealing with right now, the Miami
Dade Trade and Tourism Commission, Inc. I presume that's an autonomous
entity. Is that correct?
Mr. Plummer: Self -autonomous..
Mayor Suarez: And self-perpetuating. I mean, you name your own board.
Mr. Henry Givens: Persons are recommended to serve on the board.
jMayor
Suarez: I'm sorry. I didn't give you an opportunity to state your name
for the record and address.
Mr. Givens: My name is Henry Givens. I'm the Executive Director of the Miami
Dade Trade and Tourism Commission and the members of the board are appointed
or nominated and approved by the existing board and by Charter we are allowed
to have fifteen members on the board and we are in the process of extending
that number. We have nine and we are in the process of extending that number
to fifteen. We do have others other than Blacks who serve on that board.
Lucy Martin, is a member of that board and we have two or three other persons
who are now being considered for membership on the board, but I think one
thing ought be made clear. I think one thing ought be made clear at this
Commission is that last year or maybe a few months ago Ms. Gallogly asked me
to intercede to determine a letter of understanding with the Tourist Industry
Coalition. When I attempted, that Mr. Carp, of the Tourist Industry Coalition
informed me that there was now letter of understanding between the City of
Miami and the Tourist Industry Coalition. I have since gone back through the
Clerk's Office and I have not be able to this date to find a letter of
understanding between the City of Miami and the Tourist Industry Coalition and
because of that they will not return a telephone call or a letter to respond
to us.
I
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3
gl 91 November 26, 1985
��1
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Mr. Plummer: Excuse me, Mr. Givens, not only was there an agreement which was
signed by this Commission, but more importantly, we gave them the best letter
of understanding they ever had, three hundred fifty thousand dollars and this
year they are going to request of this City, ha, ha, ha, nine hundred thousand
dollars.
Mr. Givens: Mr. Plummer, I'm not arguing with you. The point I am making is
that they are saying to us and to other organizations is that the letter of
understanding does not exist.
Mr. Dawkins: Mr. Givens, let me say this, Ms. Gallogly, Mr. Givens, I said
and every member of this Commission said when we gave them the three hundred
thousand dollars that your agency should be funded from that money. All
right. Now, they want nine hundred thousand. All right, I'm saying here now
that if they do not fund your agency, then we should not give them nine
hundred thousand dollars, because if they have not bought in and who... what's
t!le guys name over the TIC or whatever it is?
Mr. Pereira: Jerry Copper.
Mr. Dawkins: Yes. He is running around like a little tin god and he doesn't
bring in any conventions and when we ask for trinkets with which to encourage
people to come he doesn't even want to give money for that. Am I correct or
wrong? See, so I would like to... I have a motion to make after we finish
with Commissioner Plummer's motion.
Mr. Plummer: I make a motion at this time that this Commission fund an
additional $18,750 for the additional three months for the Miami Dade Trade
and Tourist Commission, Inc.
Mr. Carollo: I second that motion. Further discussion - I think that all of
my colleagues are in tune with this, and particularly pleased to hear Xavier
express himself the way that he did. You are right. It is getting to the
point that the average citizen doesn't know how many of these boards there are
on tourism and, the worse part is, that we really aren't being represented
properly. For instance, you look at this coalition that we formed last year.
We got into it for a one year trial basis. That one year is up now, that is
why I am bringing it up even more so. We looked at what they have actually
have done for the City of Miami hotels. I don't see it! There have been some
of our own hotels that have given a pretty hefty sum to this coalition and
have gotten nothing in return. I am the first one that wants to work with the
County people and other areas of Dade County, but if it is going to hurt the
City of Miami hotels, then I think we are going to have to reconsider, or at
least find some compromise that is going to protect our people, because at the
rate that we are going, it isn't going to be too long down the line before a
lot of our hotels can't hold on any more, and they are going to be closed
down, and it is great that the coalition is pushing Miami Beach and Bal
Harbor, and other parts, but hey, the City of Miami is who we represent and we
want to be part of Greater Miami and work with them, but we can't do that at
the expense of our own people here.
Mayor Suarez: All I have to say to what you just stated, Commissioner Carollo
is "amen".
Mr. Carollo: I am glad you see again, Mr. Mayor, that you feel this way.
Mr. Givens: Mr. 14ayor and Mr. Carollo and Commissioner Plummer, I'd like to
point out one thing is that our agency has not sold a convention outside the
City of Miami. It is not our policy to encourage conventions to go out of
the City of Miami.
Mr. Carollo: We are not referring to you.
Mr. Givens: No, sir, I just wanted to let that be clear.
Mr. Plummer: Henry, I never inferred chat. What I am saying to you is, that
all of the people that work your conventions, they live, not all in the City.
The food is not all bought in the City. I am saying that there are businesses
and people who live outside of this City who enjoy the benefits. I am also
saying that of that money that is raised, 44 percent of it is raised in this
gl
92 November 26, 1985
City, and we don't get back our ... one of the :arguments that we have got
right now is part of the Orange Bowl money.
Mayor Suarez: Any further discussion? Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1151
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND, IN
A FORM ACCEPTABLE TO THE CITY ATTORNEY, THE CONTRACT
DATED AUGUST 23, 1985 WITH THE MIAMI-DADE TRADE AND
TOURISM COM14ISSION, INC. (MDTTC) WHEREBY THE CONTRACT
AMOUNT IS INCREASED FROM $18,750 TO $37,500 AND
WHEREBY THE CONTRACT EXPIRATION DATE. IS EXTENDED FROM
OCTOBER 31, 1985 TO JANUARY 31, 1986; FURTHER
AUTHORIZING THE CITY MANAGER TO TRANSFER TO THE MDTTC
$18,750 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT
FUND.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Mr. Mayor ...
Mayor Suarez: Yes.
Mr. Dawkins: I'd like to make a motion that this Commission does not turn
over $300,000 ..•
Mayor Suarez: Thank you, Mr. Givens.
Mr. Dawkins: ... and no more other money to the TIC, until we have worked out
some kind of an agreement where this agency can be funded.
Mr. Plummer: I second that for sure.
Mayor Suarez: I can tell you that you need not make that motion because that
is certainly the feeling of this Commission that I have seen reflected ...
Mr. Plummer: Excuse me. Mr. Mayor, you have got to do that ...
Mayor Suarez: I am not asking you to withdraw your motion, I am just ...
Mr. Plummer: No, do it in a motion, and then send them a copy of it. That is
how they get the message.
Mayor Suarez: All right.
Mr. Plummer: Let me give you a better example ...
Mayor Suarez: That is an interesting way to get the message across.
9
Mr. Plummer: Yes, oh yes! It is subtle! Let me give you one other thing.
They merged the T.D.C. and the V.C.A., which is the Beach and they made a
l �
gl 93 November 26, 1985
C 0
super committee. Now, I didn't fight when I found out that Monty Trainer was
going to be the chairman, okay? The problem is, that Monty Trainer was not
made the chairman, and I was very upset, because, do you realize that there is
not a representative of this City on that super -committee. I am on the
T.D.C., but I am not on that super -committee and I didn't fight when 1 thought
Monty would be there because that man represents us 101 percent, but then,
when they went to the meeting, they knocked him out as chairman, and I can
only give you the inference and over tones that that carries.
Mr. Carollo: J. L., I would like to take this resolution one step further, if
the maker of the motion would accept it, and that is, that we further expand
it into requesting at least $150,000 from them to pay for two full time sales
managers to sell conventions, sell hotel rooms for the City of Miami, and
particularly, the most depressed areas.
Mr. Plummer: Now I am embarrassed! Okay, I am embarrassed, Commissioner
Carollo, to this extent - I have already done that. They made me take it out
of the Orange Bowl money, but I got $250,000 for the Convention Center in the
City to operate - that is City operated, and I also got $250,000 out of for
special events.
Mr. Carollo: What I hear, though, J. L., is that there has been some problems
in getting that money.
t_ Mr. Plummer: There has been a hell of a problem in getting that money! That
is one of the things that we are trying to negotiate.
Mr. Carollo: What you have done has been tremendous for the City, but my
concern is that I see some of the hotels have contributed - $18,000, $20,000
plus dollars, and they haven't received a single room in return!
Mr. Plummer: I second your motion.
Mr. Carollo: And I think it is about time that we take a stand. Either we
represent the City of Miami, or we represent the other areas.
Mr. Plummer: I second the motion.
Mr. Carollo: But, you know, there has to be a compromise reached if we are to
stay in this coalition. If not, then you know, let's pull out.
Mayor Suarez: Can we get an idea what the first motion was and the import of
it, and the second motion so we have it clarified what the compound motion now
sounds like?
Mr. Dawkins: The first motion was that we not give any money to the other
organization funded ....and then Commissioner Carollo amended it to say that
don't give it the $300,000, but we also demand $150,000, because we give them
the bed tax money.
Mr. Plummer: For clarification - that both of those requests and the motion
is directed to the T.I.C. not the T.D.C.
Mr. Carollo: Right.
Mr. Plummer: Oh, that is great!
Mr. Plummer: And that money is to provide a minimum of two full time sales
managers to sell hotel rooms, sell conventions for the City of Miami
exclusively.
Mr. Plummer: That is great!
Mayor Suarez: If you are holding over their heads, Commissioner Carollo, the
funding, I would not ... my suggestion, I would not be so specific as to tell
them what has to happen with the funding, because I have a feeling we just are
not going to fund it unless they figure out a way to appropriately represent
the entire County, the City ...
gl 94 November 26, 1985
Mr. Carollo: I agree with you and what is happened is ... the prime example
is what happened with Monty Trainer. We are outnumbered on that board and
every time something comes down big down here, it is being steered away from
the City of Miami and therefore, all of our hotels in downtown Miami and other
areas are starting to die, so, we can't afford that!
Mr. Plummer: Commissioner Carollo ...
Mr. Suarez: I think the first message was plainly strong enough, but I
understand you want to be more specific. I go with the first motion as being
more general, and still strong enough.
Mr. Plummer: Commissioner Carollo, we are not outnumbered! We have nobody!
Mr. Carollo: I was being kind, and again, conservative.
Mayor Suarez: We are basically telling them in the first motion that we are
not going to fund them unless they start listening to the City and
representing us appropriately, and so on, and that might be more than enough,
but it is up to you.
Mr. Plummer: If not, we will take our $300,000 and use it appropriately.
Mayor Suarez: Not $150,000, but the entire $300,000, right?
Mr. Carollo: The maker of the motion says ... That is fine.
Mayor Suarez: Okay, just to clarify, the first motion would say - "We, unless
- what are the criteria now that we are giving them? ... unless what? We
will take our funding back?
Mr. Plummer: That their request for funding for this coming year will not be
heard or awarded by this Commission until such time as one, they forward to
this Commission $150,000 to be used for convention promotion, period. That is
it - one motion, really.
Mayor Suarez: I would like to see the motion also contain that the board be
fairly representative.
Mr. Plummer: We'll get that one when they get here. Let's get them here
first.
Mayor Suarez: All right, anyhow, I think we have a consensus and I think the
letter will adequately reflect the feeling of this Commission. Any further
discussion?
Mr. Plummer: Come into my web!
Mayor Suarez: Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
MOTION NO. 85-1152
A MOTION THAT THE REQUEST FROM THE TOURIST INDUSTRY
COALITION (T.I.C.) FOR THIS COMING YEAR'S FUNDING NOT
BE HEARD OR CONSIDERED BY THE CITY COMMISSION UNTIL
SUCH TIME AS THE T.I.C. SHALL HAVE FORWARDED $150,000
TO THE CITY FOR THE PROMOTION OF CONVENTIONS IN THE
CITY OF MIAMI.
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote-
gl 95 November 26, 1985
V_
4*
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
Mr. Dawkins: Point of clarification.
Mayor Suarez: Yes, sir.
Mr. Dawkins: Did you say, Mr. Plummer, that you were giving this present
group $18,000 to pay their bills?
Mr. Plummer: $18,750 for an additional three months, yes, sir.
Mr. Dawkins: Can tie get that in the morning?
Mr. Plummer: He can get that in the morning, if he will take it in cigars!
(LAUGHTER)
Mayor Suarez: From the basement (LAUGHTER)
Mr. Plummer: Mr. Pereira, how soon can he get the money? Are your audits up
to date?
Mr. Pereira: I'll have to see. That the right, the audits are up to date and
you know, but we will work with him. We are not going to let him go, you
know - we will work with him.
Mr. Plummer: Give him a turkey and tell him to come back Monday.
Mr. Pereira: You find that a problem, you say?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Pereira: Oh, okay, I thought you said you find that a problem. All
right, you will work it out.
52. ACCEPT CARLTON COLE'S APPRAISAL ESTABLISHING FAIR MARKET VALUE OF
LAND/AIR RIGHTS ON PROPERTY ADJACENT TO BAYFRONT PARK AND PORT OF MIAMI.
Mr. Pereira: Agenda item 50, is authorizing us to solicit appraisal proposals
for the land and the air rights located adjacent to Bayfront Park. This is in
relationship to bridge at the port.
Mr. Plummer: So moved.
Mrs. Kennedy: Second.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1153
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
THE PROPOSAL OF CARLTON W. COLE, MEMBER OF THE
AMERICAN INSTITUTE OF REAL ESTATE APPRAISERS (M.A.I.),
FOR A FEE OF $9,900 PLUS EXPERT WITNESS FEES OF
1.
• al 9fi NnvamhPr 9f, 7 ORS
0
Ca
$150.00 PER HOUR, TO APPRAISE FOR THE PURPOSE OF
ESTABLISHING FAIR MARKET VALUE OF THE LAND AND AIR
RIGHTS OF CERTAIN PROPERTY LOCATED ADJACENT TO
BAYFRONT PARK AND THE PORT OF MIAMI IN CONNECTION WITH
THE CONSTRUCTION OF A NEW PORT BOULEVARD BRIDGE, WITH
FUNDS COVERING THE COST OF THE APPRAISAL BEING
ALLOCATED FROM THE BUDGETED FUNDS OF THE PROPERTY AND
LEASE MANAGEMENT DIVISION OF THE FINANCE DEPARTMENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
NOTE FOR THE RECORD: AGENDA ITEM 51 WAS WITHDRAWN.
53. ESTABLISH ARBOR DAY PROGRAM.
Mr. Pereira: Item 52 is the Parks Department, has a surplus of about 800
trees which have reached a point of growth optimum for planting. Mr. Plummer,
you know you are happy about this. The proposed program includes
beautification of City neighborhoods, and Carl, do you want to expand on that,
please?
Mr. Carl Kern: Yes, your Honor. Carl Kern, Parks Department. Mr. Mayor and
Commissioners, basically, we would like to have an old fashioned "Arbor Day,"
like the City of Miami used to have many years ago.
Mr. Plummer: Please don't use the word that we excess - we have mature trees
that need planting in appropriate place - not excess!
Mr. Kern: Very well put.
Mr. Plummer: I move Item 52.
Mr. Dawkins: Second, and under discussion. What is your procedure - where
are you going to get the people from, and how are you going to water,
fertilize and trim these trees to keep them looking nice and neat in the
neighborhood?
Mr. Kern: Well, sir, the basic idea is to have an "Adopt A Tree Program.
Mr. Dawkins: Beg pardon? So you are going to plant one in front of my house,
if I want to keep it up?
Mr. Kern: Yes, sir! We are going to have you adopt a tree. We are going to
have an "Adopt A Tree Program," where the people actually fill out Adopt a
Tree papers. They take care of it. They plant it.
Mr. Plummer: Any more questions, Commissioner Dawkins? (LAUGHTER) And if that
one isn't enough, we will give you some others to do!
Mr. Dawkins: Call the roll, Mr. Mayor, before I get in deeper!
i
gl 97 November 26, 1985
0
Mayor Suarez: All right - lie is going to get in trouble!
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1154
A RESOLUTION AUTHORIZING ESTABLISHMENT OF AN "ARBOR
DAY" PROGRAM UNDER THE PARKS AND RECREATION
DEPARTMENT, FOR THE PURPOSE OF PLANTING APPROXIMATELY
800 SURPLUS CITY -OWNED TREES AND SAPLINGS IN AREA
NEIGHBORHOODS BY PRIVATE RESIDENTS; AUTHORIZING THE
CITY MANAGER TO INSTRUCT THE DIRECTOR OF PARKS AND
RECREATION TO DEVISE GUIDELINES FOR THE PROGRAM'S
OPERATION AND TO IMPLEMENT SAID PROGRAM, SUBJECT TO
THE REVIEW AND APPROVAL OF THE CITY ATTORNEY.
(Here follows body of resolution, omitted here and on
file in the Oftice of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
54. AGREEMENT WITH FLORIDA MEMORIAL COLLEGE TO PROVIDE TRAINING FOR POLICE
DEPARTMENT.
Mr. Plummer: I move item 53.
Mr. Dawkins: Second.
Mr. Plummer: 53, 54 and 55 are basically all the same.
Mr. Dawkins: Second, second, second.
Mr. Plummer: I move 53.
Mayor Suarez: Are you trying to be reflected on the record as having
seconded that motion, Commissioner Dawkins?
Mr. Dawkins: Yes.
Mayor Suarez: I thought so!
Mr. Dawkins: They lost $25,000 too, no problem.
Mr. Plummer: Madam Clerk, for the record, show me seconding the motion and
Dawkins making the motion, please.
Mayor Suarez: Any discussion? Call the roll.
The following resolution was introduced by Commissioner Dawkins, who moved its
adoption:
RESOLUTION NO. 85-1155
' gl 98 November 26, 1985
}
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH FLORIDA MEMORIAL COLLEGE TO
PROVIDE HUMAN RELATIONS TRAINING FOR THE CITY OF MIAMI
POLICE DEPARTMENT, FOR THE PERIOD OCTOBER 1, 1985 TO
SEPTEMBER 30, 1986, WITH FUNDS THEREFOR ALLOCATED IN
AN AMOUNT NOT TO EXCEED $136,314.17, ALLOCATED FROM
FISCAL YEAR 1985-86 BUDGETED POLICE DEPARTMENT 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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
55. AGREEMENT WITH THE URBAN STUDIES INSTITUTE AT BARRY UNIVERSITY TO PROVIDE
CONSULTANT SERVICES TO REVIEW POLICE TRAINING.
Mr. Plummer: Move item 54.
Mrs. Kennedy: Second.
Mayor Suarez: Commissioner Kennedy seconds. Any discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1156
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, WITH THE URBAN STUDIES
INSTITUTE, INC. AT BARRY UNIVERSITY TO PROVIDE OVERALL
CONSULTANT SERVICES, FOR THE PERIOD OCTOBER 1, 1985 TO
SEPTEMBER 30, 1986, TO REVIEW CURRENT POLICE TRAINING
WITH EMPHASIS ON RESPONSIVENESS TO THE MULTI -ETHNIC
COMMUNITY OF THE CITY WHICH INCLUDES SUGGESTING
RECOMMENDATIONS FOR FUTURE TRAINING METHODOLOGIES WITH
FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT TO EXCEED
$101,833 FROM FISCAL YEAR 1985-86 BUDGETED POLICE
DEPARTMENT FUNDS.
(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 -
Id 99 November 26, 1985
r <-
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
56. AGREEMENT WITH VALLE-AXELBERD AND ASSOCIATES TO PROVIDE CONSULTANT
SERVICES FOR ANALYZING PSYCHOLOGICAL STRESS FACTOR PRODUCED BY SME 33
SIMULATOR POLICE TRAINING.
Mr. Plummer: Move item 55.
Mr. Dawkins: Second. Oh, oh!
Mr. Plummer: Do you have a problem?
Mayor Suarez: Yes, I want to ask about this one too.
Mr. Plummer: I withdraw my moving.
Mr. Dawkins: Second for the point of discussion.
Mayor Suarez: It seems like from reading this that we have a stress simulator
and now we have to pay someone to tell us about the effect of our own stress
simulator?
Mr. Plummer: No.
Mr. Pereira: We have Assistant Chief Bared. No, that is not it.
Chief Bared: What we have, we do have a stress simulator; however the
psychologist ...
Mayor Suarez: We have an S.M.E.-33 simulator. Could you maybe just to
educate me as to what that is, Chief?
Chief Bared: It is a training process the officers go through as far as the
shoot, don't -shoot responsibility from the officers. They are several
scenarios that they have to go through, and based on their behavior and
performance, that is evaluated by the psychologists on the stress level they
go through while they go through the scenarios.
Mayor Suarez: So it is part of the same evaluation.
Chief Bared: Yes, correct.
Mayor Suarez: Okay, because it seemed like we were trying to determine which
stress had been caused on our fine officers by the use of the simulator, and I
thought, well, this is really all that we need.
Mr. Plummer: No. Mr. Mayor ...
Mayor Suarez: The simulator is the thing where they have the figures coming
off and you either shoot, or don't shoot?
Mr. Plummer: No, it is a screen.
Chief Bared: It is a film.
Mayor Suarez: It is a film?
Id
100 November 26, 1985
Chief Bared: Yes, it is a regular film. The officer ... it would be the same
as a real scenario out at the field, and we have created it on film, and the
officer leas to respond to what he sees on the screen. Now there are different
scenarios that we have developed, meaning some of them deal with robberies,
burglaries, and the officer stands there, and as the film is projected, he has
to react, and everything lie does out in the field, he has to perform watching _
this film. Now, the psychologist afterwards measures everything and they come
back to recommendations within the department.
Mayor Suarez: Is this used on people going through the academy, or officers
already in the force?
Chief Bared: No, sir, only officers that are already on the force. Correct.
Mayor Suarez: And was this the same simulator that was presented once in the
Criminal Justice Council, would you know?
Chief Bared: Yes.
Mayor Suarez: I was a member of that at the time.
Chief Bared: Correct.
Mayor Suarez: It didn't convince me at the time, and I am not sure I am
convinced this time.
Chief Bared: I offer you an opportunity to go through. The one you observed
many years ago, and the one we have now has improved tremendously.
Mayor Suarez: It has?
Chief Bared: I think so.
Mayor Suarez: That is comforting.
Mr. Plummer: Mr. Mayor, let me tell you one short failing here, and this is
not to the motion, but I was a part of the group that went, at the request of
the Justice Department, to Flint, Michigan, when this matter was discussed and
chosen, and the one area that I would suggest to the Police Department, that
was brought home to us so clearly in Flint - we have not done and it was one
of the biggest selling points to me of acquiring this, and by the way, most of
these monies, Mr. Mayor, came from a grant, and that is that they got ...
Mayor Suarez: Was it an L.E.A.A., maybe?
Mr. Plummer: No, it was McArthur, wasn't it? J.N. Mc Arthur.
Mayor Suarez: F.T.L.E.?
Mr. Plummer: J. N. McArthur. One of the things that they did in Flint,
Michigan, it was gut they had the general public use this simulator to give
them a feeling of what policemen went through, and it was tremendous impact on
the City of Flint, and it was the biggest selling point, and I would like to
see, Mr. Manager, that the public relations program that the City of Flint
used with this simulator for the private citizens be secured and instigated in
this City when it is not being used for our policemen. I think it was a
selling point to me. Now, Mr. Mayor, if you are in accord on item 55, and
your questions have been answered, I will move it, if you wish.
Mayor Suarez: I am not going to say that I am totally satisfied. I frankly
have been on the job for two weeks and I am just not going to vote against
this because of your representation, Chief, and my trust in your judgment on
that.
Mr. Plummer: I move it.
Mrs. Kennedy: Second.
Mayor Suarez: Any further discussion? Call the roll.
ld
101 November 26, 1985
4
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1157
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO _
THE CITY ATTORNEY, WLTH VALLE-AXELBERD AND ASSOCIATES,
INC. TO PROVIDE OVERALL CONSULTANT SERVICES FOR THE
PURPOSES OF IDENTIFYING AND ANALYZING THE PSYCHOLOGICAL
STRESS FACTORS PRODUCED FROM POLICE TRAINING ASSOCIATED
WITH THE APPLICATION OF THE SME 33 SIMULATOR, WITH
EMPHASIS ON SUGGESTIONS AND RECOMMENDATIONS FOR RESOLUTION
OF INAPPROPRIATE RESPONSES DISPLAYED BY POLICE OFFICERS, -
FOR THE PERIOD OCTOBER 1, 1985 TO SEPTEMBER 30, 1986, WITH
FUNDS THEREFOR ALLOCATED IN AN AMOUNT NOT TO EXCEED
$25,000 FROM FISCAL YEAR 1985-86 BUDGETED POLICE _
DEPARTMENT FUNDS.
(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 Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
57. SOLICIT BIDS FOR DEMOLITION OF STRUCTURES IN PHASE I OF OVERTOWN/PARK
WEST REDEVELOPMENT PROJECT AREA.
Mr. Plummer: Move item 56.
Mrs. Kennedy: Second.
Mayor Suarez: No further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who
moved its adoption:
RESOLUTION NO. 85-1158
A RESOLUTION AUTHORIZING THE CITY MANAGER TO SOLICIT BIDS
FOR THE DEMOLITION OF STRUCTURES WITHIN PHASE I OF THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT PROJECT AREA
AND TO ENTER INTO AN AGREEMENT WITH THE LOWEST BIDDER TO
ACCOMPLISH SAID DEMOLITION FOR AN AMOUNT NOT TO EXCEED
$325,000 ALLOCATED FROM GENERAL OBLIGATION HOUSING BONDS
AND A SECTION 108 LOAN AND REQUESTING THAT DEMOLITION BE
COORDINATED BY METROPOLITAN DADE COUNTY.
(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-
ld 102 November 26, 1985
j
AYES: Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
58. AUTHORIZE PURCHASE OF 4 PARCELS OF LAND IN OVERTOWN/PARK WEST
REDEVELOPMENT. (See label #60)
Mr. Plummer: I move item 57.
Mayor Suarez: Second, anyone?
Mrs. Kennedy: Second.
Mayor Suarez: One quick question - on 57, parcel 25-b, Mr. Bailey? Actually,
it is a two-part question. We are paying here apparently $28,000 to the owner
in fee simple to this property.
Mr. Schwartz: Right, we had an appraisal done is on the lease of the property
her lease hold interests are worth $28,000 - that is deducted from the value
to the lease holder. I've got it reversed.
Mayor Suarez: No, you have it backwards.
Mr. Schwartz: I've got it reversed.
Mayor Suarez: Okay, we are paying $28,000 to the fee -simple owner, right?
Mr. Schwartz: The fee -simple owner, right.
Mayor Suarez: And that is based on some present value of ...
Mr. Schwartz: It is based on the 70 years remaining on the lease.
Mayor Suarez: I was going to ask you how many years on the lease, because it
is not in our packet of information. All we know it is a 99 year lease. It
could have one year left, and you do have a good economic analysis that says
that the present value of the fee simple ownership is $28,000. Why are you
laughing at me?
Mr. Plummer: Well, what I am laughing at is - the 99 year lease, it might be
one year left and the City isn't quite 96 yet!
Mayor Suarez: Exactly, and it would have changed the whole valuation,
depending upon the amount of the lease. Okay, any further discussion? Call
the roll - item 57.
NOTE: ALTHOUGH RESOLUTION N0. 85-1159 WAS ADOPTED BY THE CITY COMMISSION, IT
WAS RESCINDED BY M-85-1161 AND LATER PASSED BY R-85-1162. (SEE HEREINBELOW)
59. SEAT MODERNIZATION AT ORANGE BOWL.
Mr. Carollo: Move item 58.
Mr. Plummer: Second.
Id
103
November 26, 1985
0
Mayor Suarez: I've got, one very quick question here - it appears that this
allocation is subject to two conditions - number one, the City returning the
funds of the Orange Bowl, wherever sold, and number two, the City allowing the
Miami Dolphins to continue using the Orange Bowl if the new Miami Dolphins
stadium was not completed on time.
Mr. Plummer: Where are those conditions?
Mr. Pereira: All those resolutions involve is allowing us to continue the
modernization of the Orange Bowl, and basically what we are doing is more of
an accounting thing, is borrowing money from the Capital Improvement Fund
until we receive, and once we have those bills ...
Mayor Suarez: It is just that it says ... I am reading from the second full
sentence under the resolution - on April 2, 1985, the Dade County Board of
Commissioners passed a resolution to allocate $568,000 from a resort tax
revenue for these seats, so that is where we get the money. I understand that
part; however, this allocation was made subject to the City returning the
funds granted if the Orange Bowl were ever sold and the second condition I
just mention.
Mr. Pereira: No, that is being ...
Mr. Plummer: Strike that.
Mr. Pereira: You strike that.
Mayor Suarez: Can we understand that, that is not correct and not a part of
our negotiations any more?
Mr. Pereira: That is right.
Mr. Plummer: That is part of our negotiations.
Mr. Pereira: That is part of our negotiations with the County right now.
Mr. Plummer: Negotiations with the County right now.
Mayor Suarez: Because you know, it sounds a little like Metrorail, and if we
don't use it, we have to pay back the federal government seven hundred
millions dollars, and ...
Mr. Plummer: When the money was raised in the City.
Mayor Suarez: If the Orange Bowl is sold, we don't have to pay anything back
to the County.
Mr. Plummer: No.
Mayor Suarez: Okay, I am satisfied!
Mr. Plummer: Wait a minute, let's make sure that item 58 is understood and
clarified, because he brings out a good point, Madam City Attorney, that, that
portion is struck.
Mrs. Dougherty: We will make sure it gets struck.
Mayor Suarez: Okay.
Mr. Dawkins: Mr. Mayor ... oh, we have to vote on this?
Mayor Suarez: I guess if nobody has any further discussion, Commissioner, you
may inquire ... okay, call the roll, please.
The following resolution was introduced by Commissioner Carollo, who moved its
adoption:
RESOLUTION NO. 85-1160
i
t
Id 104 November 26, 1985
0
A RESOLUTION AUTHORIZING THE USE OF $568,000 FROM THE
CAPITAL IMPROVEMENT FUND FOR THE PURPOSE OF
CONTINUING A SEAL MODERNIZATION PROGRAM AT A COST OF
$568,000 FOR INSTALLATION OF ADDITIONAL SEATS AT THE
ORANGE BOWL STADIUM PRIOR TO THE END OF THE. 1985
FOOTBALL SEASON; SAID $568,000 HAVING BEEN THE SUBJECT
OF AN ALLOCATION FROM RESORT TAX REVENUES BY THE DADE
COUNTY BOARD OF COMMISSIONERS TO BE RESTORED IN FISCAL
YEAR 1985-86 TO SAID FUND.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
r ABSENT: None.
60-A RECONSIDER R-85-1159 AUTHORIZING PURCHASE OF LAND IN OVERTOWN/PARK WEST:
60-B AUTHORIZE PURCHASE OF 4 PARCELS OF LAND IN S.E. OVERTOWN/PARK WEST
REDEVELOPMENT (See label #58)
Mr. Dawkins: Mr. Mayor, may I ask that we revisit item 57 for a minute,
please?
Mayor Suarez: Absolutely.
Mr. Dawkins: Mr. Bailey, somebody over there - Mr. Schwartz, you are getting
ready to acquire some land, and in this land there are some houses, and in
these houses there are some people.
Mr. Herbert Bailey: Well, it is not a house, Commissioner, it is a hotel for
which there are rooming occupants in that particular block.
Mr. Dawkins: Now, what are we coming up with, sir, to relocate people in?
Mr. Bailey: Our standard relocation procedure, which is required by the law
to provide the relocatees with at least $4,500 relocation expense or find
another location.
Mr. Dawkins: Mr. Bailey, I keep telling you over and over, and you and I keep
having this. I don't need to know nothing about $4,500, to nobody to relocate
to no $65,000 houset
Mr. Bailey: $65,000?
Mr. Dawkins: What I need to know is, do you have anything Overtown for people
to relocate in, and do you plan to put anything over there?
Mr. Bailey: By law, Commissioner, we cannot ...
Mr. Dawkins: All right, I would like to revisit item 57, and continue 57
until I can get some understanding with Mr. Bailey, please, sir.
Mr. Plummer: Were you on the prevailing side, Commissioner?
Mr. Dawkins: I didn't even vote. I was outside.
t
ld 105 November 26, 1985
Mr. Plummer: I was on the prevailing side. I move to reconsider item 57. You
have to second it.
Mrs. Kennedy: Yes.
Mr. Plummer: Call the roll on the reconsideration.
Mayor Suarez: Let's call the roll on the reconsideration. Do we have any
discussion on reconsideration? I have none.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1161
A MOTION TO RECONSIDER PREVIOUSLY TAKEN VOTE ON AGENDA
ITEM 57 AUTHORIZING PURCHASE. OF LAND PARCELS LOCATED
IN SOUTHEAST OVERTOWN/PARK WEST.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
r Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice Mayor -Joe Carollo
Mr. Plummer: Now, what is the new motion? The new motion is to continue this
until I can ... I met with Mr. Schwartz. Mr. Schwartz assured me that housing
was being put in place. Didn't you tell me that, Mr. Schwartz?
Mr. Matthew Schwartz: That the Overtown housing plan that was ...
Mr. Dawkins: Yes, that it was in place.
Mr. Schwartz: ... we sent a copy over to your office and....
Mr. Dawkins: Yes, sir. You and I went through it and we said_. Now, Mr.
Bailey tells me these houses are not available because of law.
Mr. Bailey: Commissioner, that is not what I said. You cut me off, and I
deferred to your reasons to want to defer this, and we can discuss it at some
later date in private where you can get a better understanding.
Mr. Dawkins: But, there is no need to defer it if what Mr. Schwartz said is
true, Mr. Bailey.
Mr. Bailey: That we have houses ... we do have a plan to build last resort
housing in Overtown. That has always been our case. That is the way we have
done all our relocations. They are not built today.
Mr. Dawkins: When will you build them?
Mr. Bailey: We hope to get started within the next six months on building the
housing in the second phase.
Mr. Dawkins: I withdraw it.
Mr. Bailey: But it is not built today!
Mayor Suarez: One last clarification on that point - as of now, Herb or
Matthew, what is the least expensive unit that we expect that someone will be
able to buy in any of the phases of S. E. Overtown/Park West?
ld
106
November 26, 1985
.,4
■ .-
Mr. Plummer: You really don't want to know!
Mayor Suarez: Is it that bad?
Mr. Bailey: Well, it is not. I don't know what you consider bad, Mr. Mayor,
but we have said along, we have projected that the units, the sale units,
condominium units ...
Mayor Suarez: Just give us a figure, if you have one. I will tell you how
bad it is.
Mr. Bailey: ... will range in a price between $45,000 and $75,000, for sale.
Mr. Plummer: Subsidized.
Mr. Bailey: I am sorry? It is highly subsidized.
Mr. Plummer: Herb, be honest! tie asked you what is the cost.
Mr. Bailey: The cost to build?
Mr. Plummer: Yes.
Mr. Bailey: Our average cost to build today runs anywhere from $33.00 per
square foot to $52.00 a square foot.
Mr. Plummer: Answer me in total cost, Herb.
Mayor Suarez: Per unit, Herb.
Mr. Bailey: Per unit - an average 1,000 square foot unit, at the highest
would be $52,000, and the lowest would be $33,000, to build.
Mayor Suarez: For 1,000 square feet, which isn't much of an apartment.
Mr. Bailey: Well, we are projecting that the minimum size for a three -bedroom
would be at least 1,300 square feet. That is larger than what we get today
and then ...
Mayor Suarez: You understand there are a lot of people skeptical throughout
the City of Miami as to whether there would actually be any units in the
$45,000 range.
Mr. Bailey: I am not. I mean, but that skepticism will be there until we can
finish our project.
Mr. Dawkins: Until you build some houses that I have been after you to build
for two years, that skepticism will stay there.
Mr. Bailey: We will build those, Commissioner. It does take a little time to
put everything in its place. You do have a very aggressive plan coming
through. We hope to have houses started within the next six months.
Mr. Plummer: Wait a minute, now. We have already reconsidered. We are going
to have ...
Mrs. Kennedy: You have to make a motion now.
Mayor Suarez: We need a motion now to approve item 57.
Mr. Dawkins: Go ahead, J. L.
Mr. Plummer: I move to approve 57.
Mrs. Kennedy: I second.
Mr. Dawkins: And I will get with you.
Mayor Suarez: Further discussion?
Id
107
November 26, 1985
Mr. Dawkins: Under discussion, I'll get with Mr. Bailey, and see how we can
work this out.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION N0. 85-1162
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PURCHASE
FOUR PARCELS OF LAND LOCATED WITHIN THE SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA, AT APPRAISED
AND OR ASSESSED VALUES, WITH CLOSING BONUSES SET AT
THE RATE PREVIOUSLY ESTABLISHED BY THE CITY
COMMISSION; AND FURTHER AUTHORIZING THE CITY ATTORNEY
TO PROCEED TO CLOSE ON THESE PARCELS AFTER EXAMINATION
OF THE ABSTRACTS AND CONFIRMATION OF OPINIONS OF TITLE
AND AUTHORIZING ADDITIONAL COMPENSATION FOR TWO
PARCELS PREVIOUSLY APPROVED FOR ACQUISITION BY THE
CITY COMMISSION.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
f Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Mayor Suarez: Yes, and T want to add, Herb, that for the benefit of
Commissioner Dawkins, the presentation you gave the other day in my office,
the briefing that you gave us, shows that you are moving ahead very quickly on
true low cost housing in Miami, and I hope that this will be brought before
this Commission very quickly as Commissioner Dawkins indicated his preference
to.
Mr. Bailey: Well, Mr. Mayor, we are working as fast as we can to get it here.
Mayor Suarez: We are going to push you, Herb, you understand that.
NOTE FOR THE RECORD: AGENDA ITEM 59 WAS CONTINUED TO NEXT MEETING.
61. CONTINUED CONSIDERATION OF PROPOSED HIGHWAY IMPROVEMENTS TO ROADS AREA;
FURTHER REQUESTING THE SCHEDULING OF PUBLIC HEARINGS IN THE NEIGHBORHOOD.
Mayor Suarez: Agenda item 60.
Mr. Pereira: This is confirming to advertise to see if the highway roads
improvement district 1H45-13 ... anything else, Don?
Mr. Don Cather: This is to the area just to the north of the expressway, 23rd
to 27th Road, from 1st Avenue to 3rd Avenue, and portions of 1st Avenue and
2nd Avenue, between 23rd Road and 28th Road, near the Brickell Avenue rapid
transit station. It will consist of asphaltic pavement, concrete curbing
gutters, concrete sidewalks, storm drainages appropriate, and drainage
facilities to be installed where necessary. We will have two driving lanes
ld 108 November 26, 1985
0
and two off-street parking lanes and replace the sidewalk where necessary.
The average assessment will be $11.00 per lineal foot of frontage and $2.50 if
we had to replace the sidewalks, so, it is between $11.00 and $13.50 per front
foot of lot size will be assessed. That is about 25 percent of the cost of
the improvement.
Mayor Suarez: That was what I was going to ask you. i estimated about 18% of
the cost. The assessments cover no more than about 20 percent to 25 percent
of the costs?
Mr. Cather: This covers 25% of the cost - the estimated costs of the
improvements - the assessment.
Mayor Suarez: All right, my figures don't come out that high, Don, I will
have to tell you, but, I get more like 18 percent. One other question - are
the neighbors consulted before beginning any work like this? I mean, do they
really want this project over there? Let me tell you, the City of Miami is so
torn up right now, with street improvements that supposedly people want ...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: I didn't know you were here.
14 (INAUDIBLE. BACKGROUND COMMENTS)
Mayor Suarez: Okay, let's do this is an orderly fashion.
Mr. Cather: May I respond to your question, Mr. Mayor?
Mr. Pereira: Let the people make a presentation, Don.
Mayor Suarez: Ma'am,, please! In addition to consulting neighborhoods, part
of my platform is to conduct orderly Commission meetings. Mr. Cather, are you
Mr. Cather: You asked me, sir, whether the property owners had been
contacted. The property owners were contacted, sent letters explaining
exactly what the improvement was, consists of ...
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Suarez: Everybody is going to get their turn.
Mr. Cather: We sent 120 letters to every property owner - that was 121
property owners. 5 objected, for was 1, and information were 10 calls back.
So, out of 121 contacted, we had 5 opposed, 1 for, and information only, 10.
Mayor Suarez: I am frankly ... I am overhearing Commissioner Plummer suggest
that maybe the department ought to take this back to the community for
reconsideration before you bring it back to us, because I am disposed to vote
against it in view of the opposition that I have a feeling we are going to
hear from.
Mr. Dawkins: Mr. Mayor, this isn't the first group that has been in here
against this; I mean, this is about the third group of neighbors who have come
in here and don't want it, and I don't know why the departments continue to
come in here with this, and then the neighbors keep saying "We don't want it".
Mayor Suarez: And I will make a further promise to the neighbors that when
these hearings are held by the department, I will be present, because I want
to hear from you directly on it. I live in that area and I have never seen
the need for all of this fixing over there, to tell you the truth, but we
don't have a motion to that effect at this point.
Mr. Plummer: I will make a motion at this time that item 60, that the
department hold a public hearing, convenient to the neighbors, in the
neighborhood, and as such time as that meeting has been completed, that it be
rescheduled for our agenda for consideration.
Mrs. Kennedy: Second.
ld
109 November 26, 1985
Mr. Plummer: Let me get a second, sir. Now, if you want to talk an awful
long time, I will change my vote!
Mayor Suarez: Yes, he will change his motion if you push him. Any discussion
from the Commission, sir? Any discussion from the Commission? Okay, let's
call the roll on that.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1163
A MOTION TO CONTINUE CONSIDERATION OF A PROPOSED
CONFIRMING ORDERING RESOLUTION FOR THE CONSTRUCTION OF
ROADS AREA HIGHWAY IMPROVEMENT - PHASE I; FURTHER
REQUESTING THAT THE DEPARTMENT HOLD A PUBLIC HEARING
IN THE NEIGHBORHOOD AT A TIME CONVENIENT TO THE
NEIGHBORS; FURTHER REQUESTING THE CITY MANAGER TO
RESCHEDULE THIS ITEM FOR FUTURE COMMISSION
CONSIDERATION.
Upon being seconded by Commissioner Kennedy, the motion was passed and
adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
ON ROLL CALL:
Mayor Suarez: Yes, absolutely yes, and I hope we have those hearings and I
will be present. We might change our vote! If you insist. We are trying to
get through this agenda.
Mr. Joe Wilkins: No, wait a minute. This here is on what Commissioner
Plummer said.
Mayor Suarez: But, you are going to get your chance at a special hearing set
up just for you.
Mr. Wilkins: I am talking about the time for rescheduling a hearing. 3:30
P.M., the way it was scheduled here is very bad - women picking up their
children.
Mayor Suarez: Couldn't we do that at night, Mr. Cather?
Mr. Plummer: I said convenient to the neighbors!
Mr. Wilkins: Thank you.
Mayor Suarez: Very good. Very good clarification. Thank you, sir.
(PROOFREADER NOTE: Mr. Wilkin's comments on tape were in next item, but
pertains to item 60 - TO BE ERASED)
Mr. Wilkins: Can I just mention that I am a property owner on that street.
This letter that I received did not in any way ...
Mayor Suarez: To establish that you are a property owner and that you are on
that street, why don't you give us your name and your address?
Mr. Joe Wilkins: My name is Joe Wilkins. I live at 228 S. W. 23 Road.
Mayor Suarez: No, you were not in this neighborhood - no.
Mr. Wilkins: Yes, I am. I am on 23rd Road between 2nd and 3rd Avenue.
l
ld 110 November 26, 1985
Mayor Suarez: Well, maybe I am wrong, then.
Mr. Wilkins: I received a letter that ...
Mayor Suarez: I am sorry. Wait a minute. What item are we on?
Mr. Cather: 61. He is referring to this item 60, which we have heard.
Mayor Suarez: Sir, your item has been taken care of. 61 is the area bordered
by N. W. 17th Street, N. W. 19th Street, N. W. 7th Avenue and N. W. 9th
Avenue.
Mr. Wilkins: I would like to just mention though, because I didn't get a
chance to speak, and I have been waiting an hour. This letter does not
indicate the fact - the letter that we received notifying us, and I assume the
letter that they are going to send out to notify us of the next meeting, did
not mention the fact that if these improvements are done, the roads would have
to be widened, and that is what I found out that brought me down here today.
If they are going to notify people of these improvements, they should also
notify them of that fact, also.
Mr. Plummer: Bring that up at the public hearing.
Mr. Wilkins: Because I was not ...
Mayor Suarez: You can raise holy hell at the private hearing you are going to
have.
Mr. Wilkins: You know, I am saying, you will get more people to come to the
private meeting if they indicate the complete scope of what is going to
actually be done.
Mayor Suarez: That is a fair suggestion. Thank you.
Mr. Wilkins: And the bottom line was that they were going to widen the
streets if the improvements were made.
Mayor Suarez: We are on a different item, but that is a fair suggestion and
will be noted.
62. CITY WIDE HIGHWAY IMPROVEMENT - PHRASE II.
Mayor Suarez: Item 61.
Mr. Dawkins: I think item 61 is probably the same thing.
Mr. Plummer: Wait a minute - those neighbors might want it.
Mayor Suarez: That may be one that the neighbors want.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Don Cather: On item 61, 38 property owners were contacted. None shown
were opposed. One was for, and information only was zero. When we sent these
letters out, we are giving you how many letters we sent out, and how many
people actually contacted us or wrote us back, indicating what they thought of
it.
Mr. Plummer: I move item 61.
Mayor Suarez: Any second? Item 61, further discussion? Call the roll,
please.
(PROOFREADER NOTE: There was actually no second to the motion! CITY CLERK
REPORT shows Suarez??? - discussion is not showing this. ERASE THIS)
ld 111 November 26, 1985
7
f
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1164
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 85-
1046 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR
SEALED BIDS FOR THE CONSTRUCTION OF CITYWIDE HIGHWAY
IMPROVEMENT -PHASE II I CITYWIDE HIGHWAY IMPROVEMENT
DISTRICT -PHASE II H-4515.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Mayor Suarez, the resolution was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
14 NOES: None.
ABSENT: None.
63. CITY WIDE SANITARY EXTENSIONS IMPROVEMENT.
Mr. Carollo: Move 62.
Mrs. Kennedy: Second.
Mr. Plummer: Is there anyone of the public who wishes to speak on item 62?
It is a public hearing. Let the record reflect that no one came forward.
Mayor Suarez: I have to say that anything that takes place by way of
construction around Flagler and 47th Avenue ...
Mr. Plummer: (INAUDIBLE)
Mayor Suarez: Well, I was going to say the opposite, Commissioner. That area
of Flagler from 47th on, 42nd, actually, past it going west has been
destroyed for so many months (I think it is years now), that if we now begin
to tear up 47th Avenue, going north from Flagler, we may just make the whole
neighborhood impassable, and I am really concerned about that. I am not sure
that this is the proper time to voice that concern. I really would like to
know maybe as long as I am on that item, on that issue, Mr. Cather, if you
could tell us, who is doing the improvements on Flagler, beyond 42nd and why
they are taking so long, if you have any idea?
Mr. Don Cather: We are making some of the improvements. We are putting in
the sanitary sewer on Flagler Street, in preparation for the County going in
and redoing 57th Avenue and we are doing that both north and south. We are
doing one side of the street at a time, so that we do not have to go in there
and tear up 57th Avenue right after the County gets through building it. We
have to get this very deep sewer in. It is a very deep sanitary sewer in
there before they go to work on 57th Avenue. It will tie in ...
Mayor Suarez: It must be very deep, because it looks like craters out there.
Mr. Cather: Yes, but it is being very carefully watched by a good contractor,
and it is being done on one side of the street. We made them finish up on the
north side before they moved to the south side.
t
ld 112 November 26, 1985
4
I
..r
Mayor Suarez: How long has that been going on, if I may ask?
Mr. Cather: I don't have my schedule in front of me, but we have only been
working there for a few months.
Mr. Dawkins: Who is the contractor?
Mr. Cather: Douglas Higgins.
Mr. Dawkins: Is that the same guy that is doing 12th Avenue?
Mr. Cather: No Sir, that is Garcia Allen.
Mr. Plummer: No, that is Garcia Allen.
Mayor Suarez: But, Garcia Allen is the same one that is doing S. W. 7th
Street.
Mr. Cather: Yes.
Mr. Dawkins: Garcia Allen should never get another contract from the City of
Miami. I mean, I don't know - S. W. 7th Street has been torn up for ages. N.
W. 12th Avenue from 71st Street to 46th Street has been torn up for three
years, and the more I complain, the slower they work!
Mayor Suarez: The more they tear it up, yeah.
Mr. Dawkins: Yes, I mean ...
Mayor Suarez: 62nd Street also.
Mr. Dawkins: How do I go about putting him on a no -bid list, or no whatever
list it is?
Mayor Suarez: We really at some point Don, are gonna need to know - the
Commission needs to know how much of the City is going to be built on at any
one time, and particularly the streets, because it gets to the point the City
is almost impossible you can't get from one place to the other, and I assure
you that you said two months on that project that we have been involved with
on Flagler, but I assure you that I have seen construction taking place on
Flagler beyond 42nd Avenue, not for two months, but for the last two years -
either that, or my memory fails me!
Mr. Pierce: Mr. Mayor, you are essentially correct. That is a Dade County
job, basically for the road work. We just happen to be doing the sewer at the
same time.
Mayor Suarez: So we ought to, you know, coordinate with Dade County so we
don't tear up the City Hall at the same time.
Mr. Dawkins: How do I, as a Commissioner, make sure that Garcia, whatever his
name is, does not be awarded any bids in the City of Miami?
Mr. Plummer: You keep your mouth shut and remember it at the time of awards.
Mr. Dawkins: Thank you.
Mayor Suarez: I will say one thing in addition, Commissioner Dawkins. If I
am Mayor of Miami, and someone comes up and tells me it will take two years as
they said, to fix S.W. 7th Street from Brickell to 27th Avenue, I will simply
do anything in my power to avoid having that construction done, because it
doesn't make any sense, for you know, something taking place in the United
States, to take two years for twenty some blocks! I mean, if I was in Russia,
I would be upset with their bureaucracy and S. W. 7th Street has really
affected the people in the area - that construction. Flagler has affected the
businessmen in the area, and 62nd Street and 12th Avenue and N. W., it is just
awful. In any event, we probably are going to have hearings just on that
issue, really. Where are we at?
Mr. Pereira: All I need is the time and I will run with it.
ld
113
November 26, 1985
kit
Mr. Plummer: I will tell you, Mr. Mayor, there is a good way that you might
want to consider ...
Ms. Hirai: We have not call the roll on item 62.
Mayor Suarez: Call the roll on 62. That has to do with the improvements
north of 47th Avenue.
The following resolution was introduced by Commissioner Carollo, who moved its
adoption:
RESOLUTION NO. 85-1165
A RESOLUTION CONFIRMING ORDERING RESOLUTION NO. 85-
1047 AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR
SEALED BIDS FOR THE CONSTRUCTION OF CITYWIDE SANITARY
SEWER EXTENSIONS IMPROVEMENT - N.W. 47 AVENUE IN CITY-
WIDE SANITARY SEWER EXTENSIONS - N.W. 47 AVENUE
IMPROVEMENT DISTRICT SR-5521-C (CENTERLINE SEWER).
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
r Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: Mayor Xavier L. Suarez
ABSENT: None.
ON ROLL CALL:
Mayor Suarez: I vote "no" on that. I am not satisfied.
64. INSTRUCT CITY MANAGER TO DEVELOP PENALTIES FOR CONSTRUCTION COMPANIES WHO
DO NOT MEET THEIR DEADLINES OF CITY PROJECTS.
Mr. Plummer: Mr. Mayor.
Mayor Suarez: I might suggest to you something I tried to pass before hearing
your comments, I could probably pass now - that we instruct the City Manager
to work with the Public Works Department to impose much heavier fines of
penalties for delay beyond completion date.
Mayor Suarez: Well, you would have no problem with me on that motion.
Mr. Plummer: I so move.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion?
Mr. Plummer: May I amend my own motion to include a bigger bond and heavier
penalties.
Mayor Suarez: And also to have considered, maybe Commissioner, the
possibility that some night work might take place and some weekend work? I
mean, this is the only city I have only seen where no ...
Mr. Plummer: It is expensive.
Id 114 November 26, 1985
Mayor Suarez: It gets expensive? Well, it is expensive for the citizens also
to have this construction take so long. Okay, we have a motion.
Mr.Cather: I agree with everything.
Mr. Carollo: You are going to be around a long time, Mr. Cather. You are
going to be around a long time!
Mr. Plummer: And Joe, he does live in the City.
Mayor Suarez: He reads the Times. Okay, we have a motion on the floor. Any
further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer, who moved
its adoption:
MOTION NO. 85-1166
A MOTION INSTRUCTING THE CITY MANAGER TO WORK WITH THE
DEPARTMENT OF PUBLIC WORKS AND DEVELOP A MUCH HIGHER
• BOND REQUIREMENT AND HEAVIER PENALTIES TO BE IMPOSED
ON CONSTRUCTION COMPANIES WHO ARE UNABLE TO MEET
COMPLETION DEADLINES OF CITY CONSTRUCTION PROJECTS.
r
Upon being seconded by Commissioner Dawkins, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
65. CARNAVAL MIAMI - CLOSE STREETS, PERMIT FIREWORKS.
Mr. Carollo: Move item 63.
Mrs. Kennedy: Second.
Mr. Plummer: May I inquire as to how late those dirty devils want to set off
t
those fire crackers? I mean, be reasonable. I think it is now what, 10:00
o'clock?
Mr. Carl Kern: Yes, it is.
j Mr. Plummer: And they are asking for an extension?
Mayor Suarez: They are asking for 11:00 p.m., I think, right?
i Mr. Plummer: 11:30 p. m.? Mas o menos, or 11:30 p.m.
Mr. Kern: Exacto!
Mrs. Kennedy: More mas than menos.
Mr. Plummer: No, no, be fair now, because you are going to do this in the
Orange Bowl and you have a lot of residents living around there. Maximum!
Finished by 11:30 p.m.!
t
Unidentified Speaker: Last year we even did it before the Grand Finale!
l
1
? Id 115 November 26, 1985
i
t _
Mr. Plummer: Yes, but hey, you do the noise and we catch the heat! All
right, I am saying ...
Mr. Carollo: Howard Gary, will be calling up complaining.
Mr. Plummer: ... be finished by 11:30 p.m. That was my only question.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Carollo, who moved its
adoption:
RESOLUTION NO. 85-1167
A RESOLUTION CONCERNING THE CARNAVAL MIAMI WHICH IS TO
TAKE PLACE MARCH 1 AND 2, 1986, CLOSING CERTAIN
STREETS TO THROUGH VEHICULAR TRAFFIC DURING SPECIFIED
DATES AND HOURS, SAID STREET CLOSING SUBJECT TO THE
ISSUANCE OF PERMITS BY THE DEPARTMENTS OF POLICE AND
FIRE, RESCUE AND INSPECTION SERVICES AND ASSURANCES
THAT THE CITY WILL BE INSURED AGAINST ANY POTENTIAL
LIABILITY; FURTHER RELAXING THE LIMITATIONS ON THE
DISPLAY OF FIREWORKS TO ALLOW THE STAGING OF
PYROTECHNIC DISPLAYS IN THE ORANGE BOWL STADIUM UNTIL
11:30 PM ON MARCH 1, 1986; 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 Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
66. GRANT ORANGE BOWL FOR NATURALIZATION CEREMONIES.
Mr. Dawkins: Move item 64.
Mr. Carollo: Second.
Mr. Plummer: Boy, motherhood prevails!
Mayor Suarez: Any further discussion? Call the roll.
The following motion was introduced by Commissioner Dawkins, who moved
its adoption:
ld
MOTION NO. 85-1168
A MOTION GRANTING REQUEST RECEIVED FROM THE U.S.
DEPARTMENT OF JUSTICE -IMMIGRATION AND NATURALIZATION
SERVICE FOR USE OF THE ORANGE BOWL FOR A SPECIAL
NATURALIZATION CEREMONY TO BE HELD JULY 3, 1986.
116
November 26, 1985
Upon being seconded by Commissioner Carollo, the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
67. KIWANIS CARNAVAL AT NORTH ORANGE BOWL PARKING LOT.
Mr. Plummer: I move item 65.
Mr. Dawkins: Second.
T Mayor Suarez: Is this the Kiwanis again?
Mr. Plummer: Yes. This is the downtown group.
Mayor Suarez: This is the establishment Kiwanis.
Mr. Dawkins: No, this is the now group.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1169
A RESOLUTION AUTHORIZING THE KIWANIS CLUB OF MIAMI TO
HOLD A FIVE DAY CARNIVAL IN THE ORANGE BOWL NORTH
PARKING AREAS BEGINNING JANUARY 16, 1986 AND ENDING
JANUARY 20, 1986.
(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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
68. COCONUT GROVE ARTS FESTIVAL - BEER/WINE PERMIT, CLOSING STREETS.
Mayor Suarez: Agenda item 66.
Mr. Plummer: I need clarification. Mr. Manager, I don't have any problems
with closure of the streets, but I've got to know what is, "other matters
associated with?" Do they have dollar signs?
Id
10 November 26, 1985
Ms. Terry Stone: No, no dollar signs. I am Terry Stone. I am the executive
director for the Arts Festival. Tile "other matters associated with" are
number one, the approval again, of the sale of beer by the Jaycees, a
nonprofit group, as we have done in the previous two years, and in addition,
that the Commission consider a resolution similar to that adopted for the
Grand Prix, prohibiting sales by vendors other than those sanctioned by the
Festival.
Mr. Plummer: Well, Terry, you are going to have a problem with that one,
because a resolution pertaining to the Grand Prix does spell out certain
streets.
Ms. Stone: All right, as I understood it, and I have spoken with Kathy Leff,
that she had the streets prepared for you, but I can tell - I have those....
Mr. Plummer: I have no problem with it, okay? I will move the item.
Mrs. Kennedy: Second.
Mayor Suarez: Further discussion? It has been moved and seconded. Call the =
roll.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1170
A RESOLUTION GRANTING, UPON THE ISSUANCE OF A
TEMPORARY PERMIT BY THE FLORIDA DEPARTMENT OF BUSINESS
REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND
TOBACCO, THE REQUEST OF THE COCONUT GROVE JAYCEES TO
SELL BEER AND WINE FOR A THREE DAY PERIOD IN
CONNECTION WITH THE 1986 COCONUT GROVE ARTS FESTIVAL
TO BE HELD FEBRUARY 15, 16 AND 17, 1986; SUBJECT TO
THE ISSUANCE OF ALL PERMITS REQUIRED BY LAW; FURTHER
CLOSING CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC
AND ESTABLISHING A PEDESTRIAN MALL DURING SPECIFIED
HOURS FOR THE EVENT; SAID STREET CLOSING SUBJECT TO
THE ISSUANCE OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES; ESTABLISHING THE AREA PROHIBITED TO RETAIL
PEDDLERS DURING THE PERIOD OF THE EVENT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Upon being seconded by Commissioner Kennedy, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
69. SUNSTREET FESTIVAL - BEER/WINE PERMIT, CLOSING STREETS.
Mayor Suarez: Item 68, request for Sunstreet Festival, one day beer and wine
permit, and also $45,000 - that is the kicker, I guess, right?
ld 118 November 26, 1985
4
Mr. Plummer: Yes, let me give, if you don't know, let me give you and Rosario
just a brief history - the City of Miami had for years participated in the
Orange Blossom Classic, and then, when they decided to go to Tampa, then
sprung up this great group and put on a hell of a festival, called the
Sunstreet. Now, when the City this year adopted a policy of no monies for
festivals and the Orange Blossom came back, we said, if the City were to be a
sponsor of the event, that we would have to eliminate others, or were going to
eliminate festivals, and that we would fund, and we did fund the Orange
Blossom Classic. Now, the tradition fight that is going to be here is, that
the present policy of the Commission is that there are no dollars for
festivals. We did, in fact, as I recall, went $75,000 to the Orange Blossom
Classic. Am I correct in that, Miller?
Mr. Dawkins: You are correct, sir.
Mr. Plummer: So, I am just trying to bring you up to date as unbiased as I
can, but I think I have made a fair presentation. Would you agree, Elsie?
Ms. Esther Silver: Well, I don't know, J. L.! My name is Esther Silver. You
see, you have to remember - we did set this in motion long before they found
out they could bring the Orange Blossom Classic. However, let me ...
Mayor Suarez: Please put your address in for the record too, so we know that.
Ms. Silver: 3951 N. W. 188 Street. I am a volunteer. I just want .."Miami
Live in '85,"is the motto. Now, this is not a football game in which the
Florida A.& M. band and group is going to take this money out of the
community. The festival that we are going to put on - Sunsteet Festival is
basically an economic development festival. It is to try to eradicate some of
the damage that was done during the '80 riots, during the fact that there is
these expressways, there is urban renewal. We are trying to develop some
pride in Blackness. We are saying to the Black youth - "Don't drop out of
school. Here are some of the things you will be able to do". In addition to
being able to go with the tide, you will also be able to open a business, and
now White people are coming back in, committing themselves to support Black
businesses, or bring some new black business in. You have to remember, you
have to have lived back there four or five years ago when it was alive and
last three years it has been dead. It is just really gone. We had
commitments from the community of 200 volunteers who put a package together,
it gave the merchants a chance to learn about promoting their own wares, and
this is something that Black people have to learn, and they have not known
before. When we talk about an Orange Blossom Classic, we are talking about a
football game - fine! We can support that. We have no problem with an
argument here, but everything has been set into motion and if we do not get
some support, particularly in -kind support, that means that many merchants who
plan to sell their wares on 7th Avenue, on the 7th of December, will not be
able to show the whole of Dade County what Liberty City can do, and what Black
people can do, that we can give quality service. We do have quality goods and
we are putting our whole life on the line to be able to do this. Many of us
have gone into our pockets. We just need your help. We are pleading for your
help, and don't think of this as a festival. Think of the festival as a
"motivator," to get some people in there, and those of you all of you - every
one of you, are very familiar with some of the problems that we have in a
concentrated Black community. I may not live there, but I know what the
problems are, and I don't want to ride over there all the time, I want to stop
and I want to shop, and I think that if we would eradicate some of the
unemployment through businesses, we ultimately will at least diminish crime,
health problems, the housing problem, and I just feel that we owe it to these
people to do something for them. We are not talking about a festival to
dance. Surely, they are going to dance, but that is going to get them there,
and now, we just need this very badly.
Mayor Suarez: If I may interrupt ...
Ms. Silver: Do I have to just cry?
Mayor Suarez: If I may interrupt you. I am going to ask you in a second to
tell us how the money is going to be spent, assuming we appropriate it.
Mr. Plummer: Excuse me, Mr. Mayor.
Id 119 November 26, 1985
a
Mayor Suarez: Yes.
Mr. Plummer: We cannot appropriate.
Mayor Suarez: No, no. Assuming.
Mr. Plummer: No, no, excuse me.
Mayor Suarez: We can't do it at all?
Mr. Plummer: Unless the policy of this Commission changes, there is no money
to appropriate.
Mayor Suarez: Okay, that was going to be my next question. I remember a
policy being set. I remember criteria ...
Mr. Plummer: More than that!
Mayor Suarez: Right. I remember a procedure where somehow the City Manager
would make a recommendation at some point and all I see in our packet here is
a little letter requesting the money.
Mr. Plummer: More so than that, and I think the most important factor ...
Mayor Suarez: Did I miss it?
Mr. Plummer: Yes. In the budget there is no money!
Ms. Silver: It is amazing how sometimes when we need it so badly, and we poor
people never seem to have any money to get it, even when it is a mere pittance
of money, but it is very easily, it seems to do some of the big showy things.
I feel rather badly when you say that you can't give me enough money for your
Police Department to come out there and protect us; when you can't give us
enough money to get the trash moved away, and you can't give me enough money
to see to it that there is no fires. We are talking about basic things. We
are not talking about traveling back and forth. We are not talking about show
things. We are talking about things that we cannot survive without. I would
be terribly upset if we could not give an in -kind. If I could not give some
money for some of the other things - maybe private corps. can do it, but
frankly, the police has said "We want our money." Now, we don't have the
money to give them, but can I get it? I have been begging for the last three
months for this, and I think everyone of you up there knows that. I haven't
asked for anything personal for Essie. I don't want anything for me, but I do
think that we need to give these Black businessmen a chance, and I think that
if we can get the police, the showmobile, the trash disposal and the fire
rescue - whatever else you can't do for me, that is fine. I will just see to
it that downtown people will do it for me.
Mayor Suarez: Mr. City Manager, to answer my question on the way this is
supposed to happen, why do we have a simple letter here, no recommendation, no
criteria, applied simply, because we just don't have the money at all, and
shouldn't even be considered, is that ...?
Mr. Pereira: Mr. Mayor for the past eight months, we have adhered to a very
strict policy of no funding of festivals by the City of Miami. I am going to
tell you basically why. There is a limited amount of money in the budget this
year. We are putting a limited amount of money on the special programs and
accounts and basically, we adhered to that policy because of the number of
requests and allocations that was made last year - in the previous budget year
to this organization. And it is my recommendation to you that you continue to
adhere to the policy. I think it is fiscally sound and it is in the best
interests of the City.
Mr. Plummer: And one step further, Mr. Mayor, for you edification - of the
money I spoke before, the T.D.C. money, 10 percent of arts and culture is
dedicated to festivals and that is for festivals that take place, and most of
these, like Calle Ocho, they do receive money from that festival committee,
not as much as they want, of course, but that is the proper place it should
come from. I hate to tell you that it is not anywhere near an equal
ld 120 November 26, 1985
distribution back to the residents of the City, who put 44 percent of that
money there, but that is what I am trying to bring out. I think, Mr. Mayor,
that you have to understand that the City of Hialeah, for example, does not
spend 10 cents, nor have they ever spent 10 cents for festivals. Now, we just
don't have the money! Period! Amen! T say no more!
Mayor Suarez: One other question now. Are the same considerations going to
come up in the next two items? I mean, I know we are not talking about it,
because my packet does not have any supporting recommendations from any
committee, or from the City Manager on the next two items.
Mr. Pereira: You know, the personal appearances, Mr. Mayor, they come to you,
and these items are then referred, in many cases to the administration. I can
tell you what the administration's recommendation is going to be, and I think
I already put that on the record.
Mrs. Kennedy: Because we can't stop personal appearances, right?
Mr. Plummer: That is correct. Anybody can make ask for a personal
appearance.
Mr. Pereira: Yes, personal appearance. If they want to comment, you know,
they have a right to ...
Mayor Suarez: You said you could tell us what your recommendation is going to
be?
Mr. Pereira: I already said to you my recommendation, you know, based upon
the policy that we have, is denial of her funding.
Mr. Plummer: On all festivals.
Mrs. Kennedy: On all festivals.
Mr. Pereira: On all the festivals!
Mayor Suarez: On this one, and the next two items.
Mr. Pereira: Yes.
Ms. Silver: Well, is there any method by which we could some money for the
police now, because it is on the 7th of December, and there is nothing we can
do about it.
Mr. Pereira: Mr. Mayor, this, and I believe, and maybe Commissioner Plummer
has a good memory, that these three items have been here before, have been
referred to the administration. We have made a recommendation of no funding,
and they are coming back. Obviously, they have a right to come in and make a
personal appearance in front of the Commission.
Mayor Suarez: You have to admit that it is difficult for Commissioner Kennedy
and myself, without any supporting documentation, either way, yes or no, to
vote on an item like this.
Mrs. Kennedy: For example ...
Mr. Dawkins: Let me give you the supporting documents that you need.
Mrs. Kennedy: Unbiased?
Mr. Dawkins: Unbiased, unsolicited, unwanted ...
Mr. Plummer: And free!
Mr. Dawkins: And free! When the time to share revenue sharing funds, there
was a shortage. We had 3 "X" dollars worth of requests and we had 2 "X"
dollars.
Mr. Plummer: No, 1!
Id
121
November 26, 1985
0 0
Mr. Dawkins: 1"X" dollars, so we decided at that time, to take the money and
feed the hungry, and that was all.
Mr. Plummer: No, and the sick.
Mr. Dawkins:
And the sick. And at that time,
Mr. Mayor, and
Mrs. Kennedy, it
was agreed that since there was no money in
the treasury and
since we had a
Manager who came
in with a no increase budget
for taxes, and
that the surplus
had been used
almost extensively, that this Commission took
a policy that it
would not fund
any more festivals at all, and
it was voted on
S to 0 ...
Mr. Plummer: Correct.
Mr. Dawkins: ... and that is why you have no backup and I apologize, because
they should have filled you in so that you would know that. That is the policy
of this Commission that we fund no festivals at all. That is Calle Ocho, that
is Goombay, that is Sunstreet Festival, you name it - nobody!
Mrs. Kennedy: But, Mr. Manager, and I don't want to take the item out of
order, on number 70, the Miami Film Festival, isn't that one of the festivals
that brings industry to our City, or is it categorized all the same under one
festival? Please bear with me, sir.
Mr. Pereira: It is a festival.
Mr. Plummer: It is not economic development.
Mrs. Kennedy: Okay.
Mrs. Silver: So the fact that the Florida A&M was a football game made the
difference, and the fact that you had some money and now you don't have some
for people that live in Miami, but you did have some to carry it back to
Tallahassee. That is the kind of rationale, I guess, that like this is hard
for me to explain to the people in the community, that we cannot afford to.
Mr. Plummer: Excuse me. It was for total Classic including the football game
the parade, the party and the football game - for the total Classic.
Mr. Dawkins: And it was with the understanding that this affair would promote
tourism.
Mr. Plummer: And the City had full control of all decisions.
Ms. Silver: I understand, but as you know, it doesn't help me any since it is
on the 7th.
Mr. Plummer: I am sorry.
Mayor Suarez: Thank you for your presentation. I believe the Commission is
ready to take a vote on this. I do want to say that it ...
Mr. Plummer: No, sir. There is no vote.
Mayor Suarez: We have to move on the item, Commissioner Plummer.
Mr. Plummer: No.
Mrs. Kennedy: I don't think so.
Mayor Suarez: There is no motion on the floor, whatsoever?
Mr. Plummer: The item dies.
Mayor Suarez: I do want to say Essie, that it is to me at least, embarrassing
that this Commission gives out monies, including whatever privileges the City
Manager wants, two private clubs, salary in the $92,000 range, and when it
comes to what may very well be a festival that could produce something for our
citizens and would be useful, we don't have any money. It is not to criticize
my fellow Commissioners. I know we have been under a whole different
administration and we hope to straighten up our procedures here and you will
see that hopefully, in the next budget year.
l
Id 122 November 26, 1985
Mr. Dawkins: But, I also have to tell you Essie, that those $92,000 salaries
is the one who makes the decisions to help us budget the money so that we can
provide critical services such as fire, police, and sanitation and recreation,
so therefore, it is not a matter of taking money, throwing it out in salaries,
and not being able to fund what other people may feel is a legitimate
festival.
Mr. Plummer: Mr. Mayor, may I stand corrected? There are other requests as
part of that item. They are appropriate to move, and I would move that we
grant the request for one day sale of beer and wine and that certain streets,
with the approval of the Police Department be granted, but that the funding be
not considered. I so move.
Mrs. Kennedy: I'd like to second that, and under discussion ask you if there
is any liabilities of the City, in taking them and ...
Mr. Plummer: That's all negotiated by the Manager. They have to put up a
bond and everything
Mrs. Kennedy: Oh, okay.
Mr. Plummer: (NOTE: AT THIS POINT COMMISSIONER PLUMMER READS RESOLUTION NO.
85-1171 INTO THE PUBLIC RECORD AS SHOWN HEREINBELOW.) I so move.
T Mayor Suarez: Is that of any use to you without funding?
Mr. Plummer: Well, if they don't use it then ...
Mayor Suarez: The closing of the street ...
Mr. Plummer: But it cover it.
Mayor Suarez: Okay.
Mrs. Kennedy: And I seconded it.
Mayor Suarez: Any further discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1171
A RESOLUTION AUTHORIZING A ONE -DAY PERMIT TO SELL BEER
AND WINE FOR THE SUNSTREET FESTIVAL AND PARADE TO BE
HELD DECEMBER 7, 1985 SUBJECT TO THE ISSUANCE OF ALL
PERMITS REQUIRED BY LAW; FURTHER AUTHORIZING THE
CLOSURE OF CERTAIN STREETS TO THROUGH VEHICULAR
TRAFFIC DURING SAID EVENT; SAID STREET CLOSING SUBJECT
TO STATE APPROVAL AND THE ISSUANCE OF PERMITS BY THE
DEPARTMENTS OF POLICE AND FIRE, RESCUE AND INSPECTION
SERVICES, AND ASSURANCES THAT THE CITY WILL BE INSURED
AGAINST ANY POTENTIAL LIABILITY; SAID AUTHORIZATION
SUBJECT TO THE ORGANIZERS DEMONSTRATING THEIR ABILITY
TO COVER THE COST OF CITY SERVICES.
(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-
ld 123 November 26, 1985
f
AYES: Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins.
70-A. COMMENTS RE COCONUT GROVE ARTS FESTIVAL; REQUEST TO REVIEW COST FACTORS
OF CITY SERVICES PRESENTLY RENDERED IN CONNECTION WITH FESTIVALS.
70-B. REQUEST STUDY OF FESTIVALS IN THIS CITY; DISCUSSION OF "FIESTA BY THE
BAY" AND "1986 MIAMI FILM FESTIVAL".
Mr. Plummer: May I compliment the Coconut Grove Art Festival - because of the
fact, Mr. Mayor, they were informed as all others were last year that there
would be no funding. These people had a year's notice, and at their request,
this year, before this Commission, they went out and got the funds necessary,
on their own, and have not asked this City for a penny this year, which
follows the tradition of Orlando. Orlando will fund festivals which they feel
are in the best interests of their City, but only for one year. You either
make in that first year, or your festival is by the board. Coconut Grove has
been, for many years, funded by this City, but with the warning of this
Commission and knowing the direction of the finances, they went out this year
and got all of their own funding, and for that I compliment them.
Air. Carollo: Just a little bit of a point of information - last fiscal year,
we gave approximately 3.2 million dollars away for parades and festivals and
so on and so forth, so I don't think it will be just for everyone to say that
we haven't given - we certainly have given. In fact, we have given just way
too much. That doesn't however mean, that there are not some very well worth
while organizations that still need help. Thank you.
Mayor Suarez: Which item are you directing yourself too, Joanne?
Mrs. Joanne Holzhouser: I want to comment on the idea of festival funding, if
I may, in general.
Mayor Suarez: All right, make a brief comment, if you would like, Joanne. It
really would be better directed at the supposed committee that is supposed to
be functioning out there.
Mrs. Holzhouser: What I want to ask you sir - I am Joanne Holzhouser, 4230
Ingraham Highway. It is perfectly true that most of the events can fund
themselves. I am asking now that we please ... at last we have a new Mayor, a
new Commissioner and I think that certainly Mr. Carollo and Air. Plummer had
been watching the budget and Mr. Dawkins. There is a way - there are many
ways to do it. The City of Miami is in the dark ages when it comes to
festival management and festival funding, and I beg plead that you all create
a committee and let some of us who have the experience and some others, some
of them are right here, please let us work together. Commissioner Carollo is
right, $3,000,000 is unconscionable. We can do it better if just let us get
in with the City Administration and work this out - please! We would be glad
to come back. I think Lester would come another meeting and please let us
discuss this and get something done. Thank you.
Mr. Carollo: Leslie, would you like to say something?
Mr. Leslie Pantin: Some of the costs for City services are so big, that even
if the City sits down with us and says, you know, we can eliminate, or reduce
police costs, garbage and the rest of the things, we pay for festivals
$100,000 in that kind of money, if we sit down with a committee and what have
you, and the Manager shows us how to get those costs down, that would help us
as much as cash.
Id
124
November 26, 1985
a
H
Mr. Carollo: Well, I think you have made a very good point that for instance,
organizations such as yours and some others that do an outstanding job. Where
the costs are increased to you is in the police service, the garbage pickup
service, and I think that what we need to do is revisit those issues,
particularly with the Police Department and Chief Dickson and staff, and
organizations such as yourselves that have an established, fine track record,
with no problems, may be cutting back some of the extra police service, that
we have found out really are not needed. You know, there is an overkill
sometimes. There are some functions that we have concerns, because they are
new. We don't know what is going to happen with them, how they are going to
be run, but those that have an established track record, those are areas that
I agree that we could certainly cut back on.
Mr. Plummer: If you are making that in the form of a motion, if you do, I
agree with it, that the Administration be instructed to redo with review the
cost factors of in-house services, and report back - I'll second it.
Mr. Carollo: I will make that in the form of a motion, then, Commissioner
Plummer.
Mayor Suarez: It has been seconded. Any discussion? Call the roll.
The following motion was introduced by Commissioner Carollo, who moved
its adoption:
MOTION NO. 85-1172
A MOTION INSTRUCTING THE CITY ADMINISTRATION TO REVIEW
THE COST FACTORS OF ANY CITY SERVICES PRESENTLY
RENDERED IN CONNECTION WITH FESTIVALS AND TO REPORT
BACK TO THE COMMISSION ITS FINDINGS.
Upon being seconded by Commissioner Plummer, the motion was passed and
adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Suarez: I have to also ... and I may have to pass the gavel to you,
Vice -Mayor ... really ask that our City Manager and staff come up with some
sort of a policy for festivals and parades and whatever. It strikes me that
there are going to be some that we are going to want to fund the first year,
as you mentioned, Commissioner Plummer, that Tampa, I believe you said, does,
that there are some that should not be funded at all. There are some that
should be funded every year. It isn't good enough just simply to say that
some of these things have been taken over by other boards or committees
created from bed tax, or from whatever. We have a responsibility to our
citizens. I think our City, in fact, in my 1983 campaign, I said that Miami
could become a city of festivals. It is very difficult to become a city of
festivals if we don't fund any, and I would like to see some sort of a policy,
maybe similar to the criteria that we are developing for, and some monies in
the budget for festivals, and of course, I may lose here on this Commission,
but that is my feeling, and I'd like to see that part of the normal budgetary
process of the City of Miami.
Mr. Plummer: For the purposes of discussion, reserving the right to vote
against ...
Mr. Carollo: You are out of order, Commissioner Plummer. There is a motion
that has been made. Have you seconded it?
Mr. Plummer: I am seconding for purposes of discussion, reserving the right
to vote against. Mr. Mayor, if it is your intent, are you aware, sir, that
there are some monies available for purposes of those festivals directly run
by the City. Are you aware of that?
ld 125 November 26, 1985
0
1-1
Mayor Suarez: Yes, but I see here presumably three events that I have been
told that we are not going to fund.
Mr. Plummer: Okay now, is it the thrust of your motion, that what you are
trying to do is to have the Administration studying the overall festival
issue?
Mayor Suarez: Absolutely! Give us a coherent budget package, with criteria
for selection and in a total budget amount and then we can proceed
accordingly.
Mr. Plummer: That I can't agree with.
Mayor Suarez: How would we suggest we do it?
Mr. Plummer: If you wish to ask the Administration to study the whole
festival issue, I can vote for that, but if you are going to ...
Mayor Suarez: I will amend my motion to reflect that more general statement.
Mr. Plummer: Then I am in favor, and call the question.
Mayor Suarez: I think we are taking a vote at this point, gentlemen, and we
are going to have to move on to these items.
Mr. Plummer: We are in a roll call.
Mayor Suarez: We are asking staff, the City Manager and staff to study the
whole issue of funding of festivals and come back to this Commission on some
proposal.
( INAUDIBLE BACKGROUND COrDIENTS)
Mayor Suarez: Just to study it? I presume that when they study it, they
will have to come back to us with some results of this study, Commissioner.
Mr. Plummer: Well, when you start talking about funding, then you are going
to lose me. Now, if you want them, as I said before ...
Mayor Suarez: You don't want to them to make any recommendations whatsoever
on funding?
Mr. Plummer: I want them to study the festivals of this City period. If they
want to come back with a recommendation about funding, or how or why, that is
Mayor Suarez: Funding, or lack of it.
Mr. Plummer: To study the festival issue, I can go along with that. I think
that is necessary. I think it is mandated.
Mayor Suarez: I will leave the motion as such. Is it seconded?
Mr. Plummer: I second it, yes.
Mr. Carollo: There is a motion and a second. Now, there is still further
discussion.
Mayor Suarez: Right.
Mr. Carollo: And if I may, I would like to give the opportunity to someone in
the public to make a statement before we vote.
Unidentified speaker: Yes, I think that any study should take into
consideration some input from the people that are involved in the festivals,
so that it is not only an administration thing, but input from the people that
are doing the festivals.
Id 126 November 26, 1985
-4
'JY
Mr. Carollo: I don't think that there is any question that the Manager will
go out into the communities and speak to people such as yourself that have had
ample experience in this and ask for your input and your cooperation. Anybody
else in the public that would like to speak in this matter?
Mr. Tom Spencer: Yes, sir. Mr. Carollo, my name is Tom Spencer. I am
Chairman of the Board of Directors of the Miami Film Festival. I practice law
at 1901 Ponce de Leon Boulevard, Coral Gables.
Fir. Carollo: Tom, if I may interrupt you for a second. I apologize, but let
me congratulate you and all of your people for the fine and outstanding job
that you have done. I had the opportunity and the honor of being in New York
when you held your film festival reception for the City of New York and it was
one of the finest affairs that I had gone to, and congratulate all of you.
Mr. Spencer: Thank you very much, sir, and we were very honored to have you
representing the City at that function. I simply wanted to say, and I wanted
Commissioner Plummer also to hear this, that the Miami Film Festival, for
example, we recognize that the last word in our name is "festival," but we
also believe that we should be compared with t!le Grand Prix, with the Miss
Universe Contest, with some of the other functions that have to do with the
City of Miami. Now, we have labored for three years. This is our third year
as an international event, trying to make this as volunteers, trying to make
this event as important to North America and South America as the Cannes Film
Festival is to Europe. We have attempted to, and I think we had succeeded in
bringing to the City of Miami tremendous prestige, producers, directors,
stars, motion picture moguls from all over the world to come here to this
City, to see us develop a whole new industry. Now, I recognize that you have
a tremendous problem. You have very limited dollars.
Mayor Suarez: Tom, can I interrupt you and ask you to give us your funding
history — how it has gone in those three years, as far as the City of Miami,
anyhow.
Mr. Spencer: In the first year we received $25,000. In the second year we
received $50,000. In each of those years, the private sector has equaled by a
two to one margin, that amount of money. Last year, the State of Florida, the
Legislature granted the Miami film festival substantial funding for the Miami
Film Festival in recognition that it was the centerpiece for motion picture
production in this state. Department of Commerce has participated with us, so
I think that I recognize that the City Commission has a tremendous problem.
When you open up the door to, for example, the Miami Film Festival, a lot of
people come knocking on your doors individually and they want funding for a
particular festival. It is a tremendous problem for you, but at the same
time, you have got an event here like the Grand Prix, like the Miss Universe
_ Contest, like other similar types of events, which are very, very, important
to the City, and I would hate for you to send a message out to people who I am
constantly asking for bucks to say that the City of Miami doesn't believe that
this is important.
Mayor Suarez: Tom, the City funds certain special events, as you well know,
and your particular event may well come under that. I don't want to make a
statement of policy on behalf of the entire Commission. Certainly, as far as
I am concerned, and I know your event is coming up in February and it may very
well be that the City will recommend that this particular event be funded ...
Mr. Spencer: Well, what I am saying is ...
Mayor Suarez: ... as a special event of the City of Miami.
Mr. Spencer: What I am saying is, the City is our cosponsor of this event and
I recognize that you need to study festivals, but I also think that you need
to ...
Mayor Suarez: I am not saying that you are included in that at all!
Mr. Spencer: Okay, well, that is the point I am trying to make. I think that
you ought to study it in relationship to other similar types of events.
ld 127 November 26, 1985
Mayor Suarez: That is right, and we take note of the importance of the Miami
Film Festival. I think anyone who doesn't know that has not been around here
and is not aware of what you have done in the past. Commissioner Kennedy?
Commissioner Kennedy: Mr. Mayor, that is the concern that I expressed earlier
was exactly that, because your last name is festival, it puts you in a totally
different category. That is what I was referring to earlier.
Mr. Dawkins: But, the only problem I find with this is, the first year we
gave you $25,000. The next year we gave you $50,000. The next year you got
money from the State, and you got money from everywhere else and you still
can't stand on your own. Somewhere along the line, if you cannot stand on
your own, then you shouldn't be in business. You just shouldn't be coming
back here every year for a handout year after year after year and somewhere
along the line, you should have reached a point where you could say I am self-
sufficient with what I have got, and I don't need anything else!
Mr. Spencer: Well, Commissioner, I am not asking for a handout, and I think
that it is appropriate that we should categorize it as a handout. What we
have suggested ...
Mr. Dawkins: All right, I am sorry, I will say a gift.
Mr. Spencer: What we have suggested, you are our partners in this event. It
is not a gift. It is a joint venture between the City of Miami and the Miami
Film Festival. What we have suggested is a decrease level of funding each
year, not an increase. We suggested that next year you give us half.
Mr. Dawkins: Well, I am agreeing with you. I am decreasing it to zero.
Mr. Spencer: Okay.
Mr. Dawkins: I am agreeing with you! I am decreasing it to zero!
Mr. Spencer: Well, we don't need partners like that. We want you to be a
good partner, and what we are saying, we are going to do our share, and we are
- going to go out there and we are going to raise money from the private sector,
and every year you just match the amount of money, and decrease it each year.
Mayor Suarez: It certainly is a concern when the funding history shows that
is more and more every year, when we have a city that is tighter and tighter
every year in terms of its budget. I think that is what Commissioner Dawkins
is saying.
Mr. Spencer: Absolutely, Mayor, I think that is an appropriate response, and
I think that these things, my recommendation is that these things be tied to
the amount of money we raise in the private sector and that the City's
participation decrease each year, but don't abandon us. You are our partners.
Mayor Suarez: We also take into consideration the overall effect of your
particular event and what brings to Miami, etc. I guarantee you that I don't
think there is any need for you to go further into that. You have done that
already, and I think you are all aware of the Miami Film Festival and what it
does.
Ms. Celia Touzet: My name is Celia Touzet and my address is 2285 S. W. 24th
Terrace, Miami. I am the executive director for Latin Orange Festival
Council. The reason I am here for one year or more, I know is no money and not
any service to any kind of festival. Fiesta by the Bay and the same Carnaval
Miami, this is for the public. It is for the people in the community and the
people coming - the tourists in Miami. I am coming for in -kind service. I am
not coming for cash money. Every year it goes between $15,000 to $35,000
people. It is in downtown Miami for the first time. It is not in Bayfront
Park for the problem is the construction. And this is not only for adult
people. It is for Blacks, Whites, younger and all the children. I have the
book here where you see it is children with the parents in the midnight and
they wait for the fireworks, for 15 minutes fireworks. Let me tell you,
fireworks cost $1,000 each minute, and this is a good opportunity to a lot of
people who don't have the money to go anyplace, bar or private club for a
spend this night. Please, consider aid for this year. Give us support to the
ld 128 November 26, 1985
f
Latin Festival here in Miami and especially this kind of festival gives the
opportunity to everybody in the City and in the County too.
Mr. Carollo: Thank you Celia. Hearing no further discussion ...Mr. Brennan,
go ahead sir. Would you state your name and your address.
Mayor Suarez: Commissioner, I believe I am back to being Chairman of this
meeting.
Mr. Carollo: Well, there was a motion and a second.
Mayor Suarez: And it is still pending.
Mr. Carollo: We are under discussion. I still have the Chair.
Mayor Suarez: You are going to keep that going for the next fifteen items?
(LAUGHTER)
Mr. Carollo: Mr. Brennan, go ahead, sir.
Mayor Suarez: Just be aware, sir, that I am Chairman of this meeting at this
particular point.
Mr. John Brennan: And you were the good guy too, huh? My name is John
Brennan. I am here representing the Coconut Grove Sailing Club. The festival
r that the young lady was talking about, I heard about this afternoon. I am a
member of the chamber of Commerce and I went to their last meeting. At that
time it was not announced. I would like to see this board turn this
particular request down at this time. New Years Eve is a very, very, busy
time for Coconut Grove, particular that corner of McFarland. The Sailing Club
has traditionally had a New Year's Eve Party. All 0% the hotels have had
New Year's Eve parties, and I am sure that they will have them. Their parties
bring extra guests, additional guests that fill up all sorts of parking, all
over the place. One more festival in the Grove at night, is very difficult,
addition not only to the normal New Year's Eve, but typical kid's traffic
that shows up every weekend. Next step is the Sailing Club has been running
an Orange Bowl Regatta for the last dozen or so years, and bring sailors from
all over the country. The sailors from all over the country will be doing
their partying and they will be using Kenneth Myers Park more likely than not,
at the request of the City. We have always made the request to store boats
out there and use the park, because this is a national race. We have always
been granted this wish, and the addition of 2,000 or 3,000 people at this
particular time will cause an undue burden on the club as a starter because we
are going to need additional watchmen. A crowd like this, walking in the park
in dark will pick those boats clean if they don't get to the cars too. I can
say nothing against the festival itself. Have it anytime you want but New
Year's Eve, and a very short warning by the way. I wouldn't have know it
unless I got a call from my Commodore — please oppose this particular motion.
Gentlemen, thank you very much.
Mr. Carollo: Thank you Mr. Brennan, and Mr. Brennan, you might not remember
this, but I got my first insight into sailing in your sailboat when I was
pledging for a fraternity that your two boys were part of, and I became one of
their brothers. They brought me to your home so I could scrape the barnacles
off the boat and so that is where I got my first insight into sailing
I had a lot of fun after that, though.
Mrs. Touzet: And Mr. ...
Mr.Carollo: Celia, we really have to move on, and unless there is any further
discussion from the Commission ...
Mr. Plummer: The motion on the floor is that of the Mayor's motion, is that
correct?
Ms. Hirai: Mr. Mayor, we have to call the roll.
Mayor Suarez: Yes, we have to call the roll. That was on the motion made ...
Mr. Carollo: The motion made by Commissioner Plummer, seconded by the Mayor.
ld 129 November 26, 1985
Mr. Plummer: No, just the reverse.
Mayor Suarez: I guess it would have had to have been done by me, technically
first.
Mr. Carollo: Yes, and seconded by Commissioner, Plummer, that is correct.
Mr. Plummer: The motion is to instruct the Administration to study festivals.
Mr. Carollo: And again, the motion is to instruct the Administration to study
festivals. Hearing no further discussion, call the roll, Madam Clerk.
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 85-1173
A MOTION INSTRUCTING THE CITY MANAGER TO STUDY THE
WHOLE ISSUE OF FESTIVALS IN THIS CITY.
Upon being seconded by Commissioner Plummer, the motion was passed and
` adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
71. ZONING AND OTHER CODE INFRACTIONS OF PROPERTY OWNED BY NORTHWESTERN
MEATS, 2147 N. W. 23 STREET.
Mayor Suarez: Can we go back to item 47? I see attorney Al Cardenas in the
audience. Get that resolved.
Mrs. Dougherty: Yes sir, Mr. Mayor, this is my item and we are asking that
the Commission authorize the City Attorney to enjoin a zoning violation on a
piece of property. By way of background, in 1978, the City Commission rezoned
a piece of property to commercial zoning from low and moderate residential
density zoning to commercial, which authorized the use of the particular piece
of property for a parking lot and also to repair vehicles in connection with
Northwestern Meats in existing industrially zoned piece of property. In 1980,
the Third District Court of Appeals reversed the Circuit Court's decision
which sustained the City's decision in rezoning the property. Since 1981,
there has been a pending zoning enforcement action before the Code Enforcement
Board, seeking enforcement of the zoning ordinance, which has been pending and
continued ever since. We are therefore asking that you authorize the City to
give them 30 days notice in which to comply, failing that, to seek injunction
in the courts.
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the Commission. For the
record, my name is Al Cardenas and I am an attorney at law in the City of
Miami and I represent the party in question, Northwestern Meats. I think the
chronological sequence that is referred to by the City Attorney stands on its
own. I was not the attorney representing the party at the time that the
zoning request was originally granted and subsequently denied by the courts at
the appellate level, but I have been involved with the matter for about a
year, a year and one-half or so, and basically, since I have been involved,
let me tell you what my recollection of the matter is, and what I would like
to proffer to this Commission today. A year and one-half ago, it was brought
ld 130 November 26, 1985
A
to this Commission's attention, the fact that the south side of N. W. 23
Street from loth Avenue through 27th Avenue, here and beyond had been zoned
industrial for a number of years, and that the north side of 23 Street up to
17 Avenue and then west of 27 Avenue had likewise been zoned industrial and
that there was approximate 10 block section on the north side of 23rd Street
that was zoned other than industrial and that our clients needed to use their
parcel that they had there for purposes that related not for industrial uses,
but for purposes that were ancillary to industrially zoned property that they
had. At that time the issue became not just zoning, but jobs. The fact that
our client without those facilities would have to relocate, and other people
came here and testified as well. The City Commission ordered a number of
public hearings at that neighborhood. That resulted in a report back from the
Planning Department. As a result of our participation, as a result of the
Planning Department's input over a year ago, this City Commission decided to
request that the Planning Department issue an RFP, select a private consultant
to study the industrial development in this area and then it went one step
further and said "Well, why don't you take a look at the whole industrial
situation in the City of Miami, because we can't afford to lose any jobs
here". That was over a year ago. As a result of a number of technical
reasons, a number of RFP's had to be issued which has prolonged the process.
The Code Enforcement Board action has been privy at all times as to the City
Commission's actions, and because of it, has taken the position that they are
going to wait to enforce this matter until such time as this consultant's
report is brought back to you. Apparently, the consultants have been just
selected. This process has taken perhaps close to a year longer than the City
Commission anticipated and now the neighbors are saying "Well, look, it is
taking longer than we anticipated. It is not fair that it be used for a
reason it is not zoned for, even though I know we would lose some industry and
so forth, but we just can't wait for the study anymore," and that is what has
really caused pressure here, not the fact that anyone has been in violation,
because the entity that the City Commission has empowered to handle these
violations is the Code Enforcement Board. It is a duly authorized body, and
they decided to have this matter continued and not heard until that study came
out and the study, of course, has taken too long, and ...
Mayor Suarez: Are you suggesting, if I may interrupt you, Mr. Cardenas, that
we just sort of wait indefinitely?
Mr. Cardenas: No, here is what I am going to get to, Mayor, and I guess you
brought me to conclusion of presentation ...
Mayor Suarez: Thank you.
Mr. Cardenas: The City Attorney said basically, "Look, you have 30 days in
which to resolve this matter satisfactorily, or we are going to have to take
action, even in lieu of this, so the Code Enforcement Board". My suggestion
to you is that 30 days is nothing, and even though you may wish to have a time
certain, it just wouldn't be a fair period of time. There is no legal action
that I can take administrative process within 30 days to attempt to remedy
this situation. I had not taken action.
Mayor Suarez: You can try to get an injunction that will keep us from getting
an injunction against you.
Mr. Cardenas: Well, I wouldn't want to do that. I would rather do the
following - I would rather not wait then, for the study, which would be a
shame, because you have decided to spend a lot of money for it. I would
rather not wait for the study and proceed administratively, but that takes a
period of 90 days to get an administrative determination of my matter, and
that is what I think would be fair, because I would have taken administrative
steps had we all not agreed to wait for the study.
Mayor Suarez: As far as I am concerned, I think my viewpoint on all of this
is very clear. The entire episode of the Northwestern Meat Packing Company
appeals up and down the appellate court system has been an embarrassment to
the City of Miami. I read one decision where Arthur Schwartz indicated that
all of the arguments used to obtain that rezoning actually argued against that
rezoning and sent it back down to the lower courts with the mandate and
reversing and making the City of Miami look bad. My viewpoint is that the
City should move on this and do it with all deliberate speed. Any further
discussion either from the Commission or from our staff?
ld 131 November 26, 1985
P
Mr. Plummer: Madam City Attorney, if I hear correct, you are saying or
recommending that they be given 30 days. If they don't comply then you file
an action.
Mrs. Dougherty: Yes, sir.
Mr. Plummer: They are asking for 90 days. Do you feel, as I felt in the past
that a compromise would be in order? In other words, if I am understating
correctly, Mr. Cardenas, what you are saying is, that you like to resolve the
issue, or you feel the issue can be resolved in house. Is that correct?
Mr. Cardenas: Yes and no. I think the issue can be resolved
administratively, yes.
Mr. Plummer: What is the reason you are asking to go beyond 30 days more?
Mr. Cardenas: So I can take the necessary administrative action for you to
either say, yes, we feel you ought to do this, or get out - and Mr. Mayor, let
me add that ...
Mr. Plummer: What you are saying is an administrative action as a hearing
before the Board and before the Commission? Is that administrative? What are
you asking them? I am sorry!
Mr. Cardenas: I have to get back and decide what, ancillary use of this
property would be in keeping with what my client wants to do, and at the
token, comply with the fact that you want a time certain given here, which
could entail the Zoning Board appearance, yes, that is why I would need the 90
days, or it could entail an agreement worked out with the City Attorney's
office. That would be acceptable to you, but 30 days just doesn't give me
time to do anything.
Mayor Suarez: You want time to convince us that your violation is not really
a violation, that somehow we should change our Code to allow you to do what
you are doing in violation of our Code. I just can't see it, but anyhow ...
do we have any more discussion on this item?
Mr. Cardenas: Basically, the point, Mayor, is that I have been waiting - I
could have tried to proceed administratively, but I had been waiting for the
results of the consultant study because that is what had been decided to be
done a year and one-half ago. Let me ask, just for the record - I agree with
you 100% about what those proceedings indicate. I was not counsel at that
time for the applicant.
Mr. Plummer: Had you been counsel, that would not have been the case.
Mayor Suarez: That is true, that is a good point. Was I nearly as good as
yourself, Mr. Cardenas, counsel at the time?
Mr. Plummer: All right, let me just ask one other question. Refresh my
memory, Al. As I recall, the violations exist in reference to trucks being
parked across the street, is that correct?
Mr. Cardenas: That is the crux of it.
Mr. Plummer: Okay, now, I think , you know that anybody has to come in with
clean hands, and if you are going to have this study done to come before this
Commission, I think you have got to almost vacate the use of that duiin€ t_:ie
period of this time. I would hope that an injunction would not be necessary.
I would hate to see that action or that course taken, because I think it would
be detrimental to your client in the long run to do such a thing. Now, my
most important question is to the Department - this is a vital business to
this town, and contrary to other people's thinking, I voted for this, but I
didn't vote of it because of jobs or employment. I just thought it was
ludicrous for us to have heavy industrial facing single family residents and I
thought there was a possibility of a transition down from heavy industrial,
not facing single family residents. It still doesn't make sense to me. I
don't care what the courts say! You know, if I lived across the street and I
have got to look at heavy industrial and somebody can tell me that is good
ld 132 November 26, 1985
zoning, I am going to tell them that is not my cup of tea! Now, I have fought
that before; the courts reversed it and I have to abide by the courts. The
important question I need to ask now is, how long before the study will be
completed?
Mrs. Dougherty: The study won't be completed until the beginning of the year.
Mr. Plummer: I didn't know you were the Planning Department.
Mrs. Dougherty: I asked them. I thought you were pointing to me. I am
sorry.
Mr. Plummer: The next thing you will want is an increase in pay because you
are doing two jobs!
Mrs. Dougherty: Well, not that you mention it ...!
Mr. Plummer: Mr. Bad Sergio.
Mr. Sergio Rodriguez: Yes, sir?
Mr. Plummer: How long, approximately? I am not going to hold ...
Mr. Rodriguez: The study will be completed April of 1986.
Mr. Plummer: Is there any way to expedite it?
Mr. Rodriguez: We are already discussing the negotiation with the consultant.
To start with, we have several bids, and we didn't have enough bidders on the
R.F.P. and delayed the whole process, and we cannot start the study until
January of 1986 and it will not be finished until April.
Mr. Plummer: Well, I don't see where we have any choice. I am sorry to say
that, but based on the court's actions and all of that, I just don't know!
Mayor Suarez: I am ready to entertain a motion on this item so we can move _
along. There is a group waiting, I believe, on item 71, and I know some
people have to go places, so, Commissioners, what is your pleasure? Do we '
have any motions? Do you want to move a little longer period of time?
Mr. Plummer: I just No, they are telling us the study is not going to
come back until April.
Mayor Suarez: Well, at least it gives them some time to figure out something
to do with their trucks.
Mrs. Dougherty: Give them 45 days and we can always ...
Mr. Plummer: All right, I will tell you what I am going to move, okay? If in
fact, knowing your client as I do, the man is of good faith - he is going to
have to make arrangements to have some place to park. I am going to give you
60 days, okay? And that is it. I can't go any further, but I've got to give
the man adequate time to provide, and I will move it for 60 days.
Mayor Suarez: So moved. Is there a second?
Mr. Plummer: I just wish the study could be completed!
Mayor Suarez: Will you second it, Commissioner, Kennedy or will I have to
pass the gavel onto a ...
Mrs. Kennedy: I will second it, and under discussion, I just wanted to check
with Madam City Attorney - what you feel? Is that a good compromise?
Mrs. Dougherty: Commissioner Kennedy, if there are any kinds of
administrative relief that he can seek and get from the Commission or the
Zoning Board, in the meantime I can always dismiss the lawsuit, so ...
Mrs. Kennedy: All right.
ld 133 November 26, 1985
Mrs. Dougherty: Even if it takes after 60 days - you know, if the compromise
is reached after that, I can dismiss it.
Mrs. Kennedy: Okay. You have a motion on the floor.
Mayor Suarez: Okay, do we have a second for the motion?
Mrs. Kennedy: I do - I second.
Mayor Suarez: Okay, any further discussion? Call the roll.
Mr. Plummer: Under discussion.
Mayor Suarez: Wait - under discussion.
Mr. Plummer: I want to plead to your client, okay - to not file an
injunction. We are giving you this time to make adequate provisions and I
think if you are to come into this thing, once the study is done - I know how
this Commission looks at things, and I would hope that you would not see fit
to file an injunction.
Mr. Cardenas: I think that is wise advice, and I will certainly relate in the
strongest of terms.
Mr. Plummer: That the injunction not be necessary to file.
Mayor Suarez: Call the roll, please.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1174
A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO FILE
INJUNCTIVE OR OTHER JUDICIAL RELIEF IN THE CIRCUIT
COURT FOR THE ENFORCEMENT OF ZONING AND OTHER CODES
RELATING TO THE USE OF PROPERTY OWNED BY NORTHWESTERN
MEATS, INC., LOCATED AT 2147 NORTHWEST 23RD STREET,
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 Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None
ABSENT: Vice -Mayor Joe Carollo
72. APPOINT CESAR ODIO AS CITY MANAGER, SET SALARY. (See label #39)
Mr. Plummer: "A resolution appointing Cesar Odio as City Manager and setting
forth the salary of said office with benefits and emoluments to be the same as
were afforded the former City Manager of the City of Miami, Florida." I
hereby move.
Mr. Dawkins: Second.
Mayor Suarez: Any discussion? Call the roll.
Id 134 November 26, 1985
Mr. Plummer: This is just cleaning ....
Mayor Suarez: Approving as to form. Call the roll.
The following resolution was introduced by Commissioner Plummer, wtio moved its
adoption:
RESOLUTION NO. 85-1175
A RESOLUTION APPOINTING CESAR ODIO AS CITY MANAGER AND
SETTING FORTH THE SALARY OF SAID OFFICE WITH BENEFITS
AND EMOLUMENTS TO BE THE SAME AS WERE AFFORDED THE
FORMER CITY MANAGER 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 Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None.
ABSENT: Vice -Mayor Joe Carollo.
73. DONATION OF FIRE GEAR TO BOGOTA, COLOMBIA.
Mayor Suarez: What is the other cleanup item?
Mr. Plummer: (NOTE: COMMISSIONER PLUMMER READS RESOLUTION INTO PUBLIC
RECORD - SEE NO. 85-1176 SHOWN HEREINBELOW) I so move.
Mr. Dawkins: Second.
Mayor Suarez: Discussion? Call the roll.
The following resolution was introduced by Commissioner Plummer, who moved its
adoption:
RESOLUTION NO. 85-1176
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING THE
DONATION OF DESIGNATED PERSONNEL GEAR AND CLOTHING
WHICH ARE NO LONGER IN USE BY CITY FIREFIGHTERS TO THE
CITY OF BOGOTA, COLUMBIA, A SISTER CITY OF THE CITY OF
MIAMI, FOR USE OF DISTRIBUTION BY THAT CITY TO AID THE
PEOPLE OF COLUMBIA IN THEIR EFFORT TO RECOVER FROM THE
RECENT NATURAL DISASTER WHICH STRUCK THE COUNTRY;
APPROVING THE CITY'S FUTURE DONATION OF SIMILAR
SURPLUS GEAR AND CLOTHING FOR THE SAME PURPOSE WHEN
SUCH GEAR AND CLOTHING BECOME AVAILABLE; FURTHER
COMMENDING FIREFIGHTING INNOVATIONS, INC. A MIAMI
FIRM, WHICH HAS ANNOUNCED ITS INTENTION TO DONATE TO
THE CITY OF MIAMI 25 USED COMPLETE HIGH PRESSURE AIR
PROTECTIVE BREATHING UNITS WITH 10 ADDITIONAL SPARE
CYLINDERS TO BE DISTRIBUTED BY THE CITY OF MIAMI IN
FURTHERANCE OF THE HEREIN RELIEF EFFORT.
(Here follows body of resolution, omitted here and on
file in the Office of the City Clerk.)
Id
135 November 26, 1985
Upon being seconded by Commissioner Dawkins, the resolution was passed
and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Mayor Xavier L. Suarez
NOES: None
ABSENT: Vice -Mayor Joe Carollo
74. FIRST READING ORDINANCE: MINORITY PROCUREMENT.
Mayor Suarez: Okay, item 71, Ms Unzueta.
Ms. Sylvia Unzueta: Yes, Mr. Mayor, Commissioners, this item has come up
twice before, October loth and October 24th.
Mr. Plummer: Mr. Mayor, excuse me - the reason this was deferred was because
of Commissioner Carollo"s request. I think it is most important that
Commissioner Carollo be here to express his concerns in this issue.
Ms. Unzueta: Some of his concerns have been resolved.
Mr. Plummer: But, I think tie should be here and present, because
Mayor Suarez: If Commissioner Carollo could come back to the Chambers, we
would consider his concerns about item 71. Failing that, we will move on item
71. Miss Unzueta, please proceed.
Ms. Sylvia Unzueta: Yes, you have received the latest version of the
ordinance, that basically looks at a minimum of 17% Black, 17% Hispanic and
17% women. The latest version omits the 1% for others, because it was felt by
some members of the Commission that it was creating some erroneous
perceptions. On the issue of gender, there was some clarification also in
consultation with the Commission, so minority women will be able to pick on a
yearly basis whether they will go either race or ethnicity, or by gender,
which incorporates your concern, Commissioner Dawkins. Basically, the major
difference from the previous legislation is that the previous one talked about
Blacks and Hispanics with 25%. That number is changed to 17%. Now we are
talking about 17%, but that is the minimum, so it remains pretty much similar.
It also talks about the creation of an office. In the past we have had one
person staffing the efforts of the City and we have found that that is not an
adequate way for us to really back the minority procurement. That is it in a
nutshell.
Mayor Suarez: Sylvia, just to let you know how I feel about it, I will
support the ordinance. I will not support the creation of an office of
minority and women business affairs and procurement. We have got quite a few
agencies within the City that can be, in fact, at some point consolidated to
affect the same results.
Mr. Pereira: That is exactly ... maybe there is a misunderstanding. Mr.
Mayor, my intention is to consolidate, not to create any new positions, but to
consolidate some of the existing functions into one office.
Mayor Suarez: Would you convey those to the new City Manager too?
Mr. Pereira: I certainly will, sir.
Mayor Suarez: Well, do it before you leave, one of the two. We really don't
need any more bureaucracy. I want to clarify that. We have got at least four
or five related agencies or entities within the City of Miami, some of which I
ld
136
November 26, 1985
14
have worked with as former chairman of the Affirmative Action Commission of
the City of Miami, and we really don't need any more top management
bureaucracy, because no one is going to get any procurement from the City,
because we won't have any money to procure anything, so, that is one concern
that I have.
Mr. Carollo: As far as the breakdown of the 17%, 17% and 17%, and as far as
the 17% for women, how will that be split up between the different groups
within the owner?
Ms. Unzueta: Yes, Commissioner, in discussions also with Commissioner
Dawkins, he requested that the minority women specifically are able to pick
whether they want to appear as Hispanics or as women, so it would be there
choice and it would not be on a contract by contract basis, but rather it
would be on a yearly basis.
Mr. Carollo: Okay, I think that would help in accomplishing what we discussed
beforehand, and I think that would satisfy what my concern was.
Mayor Suarez: Appearing in one category does not mean that you have to
renounce any other.
Ms. Unzueta: That is right.
Mr. Carollo: Exactly.
Mayor Suarez: I meant metaphysically. Okay.
Mr. Carollo: I am ready to make a motion on this.
Mayor Suarez: Do you want to defer on this as far as making the motion to
Commissioner Kennedy?
Mr. Carollo: Oh, I certainly will. I'm sorry. Indeed!
Mrs. Kennedy: Remember that I represent 54% of the electorate! And they are
all out there!
Mayor Suarez: She is going to be reminding us of that, I think for the next
four years - or me for the next two years!
Mr. Carollo: Well, let me say this for the record, she might represent 54%,
but she deals and wheels more power than 54%.
Mrs. Kennedy: Okay, so I just move to accept the ordinance.
Mayor Suarez: Do we have a second?
Mr. Carollo: I second the motion.
Mayor Suarez: That is with the understanding that the City Manager will
figure out a way to do this without creating a whole new office and will so
instruct the next City Manager.
Mr. Dawkins: I would like for the record to reflect that prior to this,
Miller Dawkins was the first one who started this, and way before you put the
17% in for women, I had 50% for Blacks and 50% for Latins, and I wouldn't want
that overlooked, as we are hollaring about who had 57% or 53%, or what.
Mr. Carollo: That is quite true. As one of the other two Commissioners who
was here when we were discussing this, Commissioner Dawkins certainly did take
the lead in accomplishing that, and I think that it something that we should
all be proud of, particularly Mr. Dawkins - he accomplished something that is
a lot fairer and more objective for all the people of Miami.
Mayor Suarez: I might add that as now passed, assuming it is passed, the
ordinance reflects very closely a similar objective and a similar legal
reality as the Consent Decree of the City of Miami now works under, which
calls for 50% promotion of minorities, defined as women, Blacks and Hispanics;
although there is no breakdown 17%, 17%, 17% in that one. Any further
discussion? Call the roll.
Id 137 November 26, 1985
AN ORDINANCE ENTITLED
AN ORDINANCE REPEALING ORDINANCE NO. 9775, THE
MINORITY PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AND SUBSTITUTING THEREFOR, A NEW
MINORITY PROCUREMENT ORDINANCE TO BE KNOWN AND CITED
AS THE MINORITY AND WOMAN BUSINESS AFFAIRS AND
PROCUREMENT PROGRAM ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, ESTABLISHING A MINORITY AND WOMAN'S BUSINESS
AFFAIRS PROCUREMENT PROGRAM AND COMMITTEE; PROVIDING
FOR THE CREATION BY THE CITY MANAGER OF AN OFFICE OF
MINORITY AND WOMAN BUSINESS AFFAIRS AND PROCUREMENT;
FURTHER SETTING FORTH A GOAL OF AWARDING AT LEAST 52%
OF THE CITY'S TOTAL ANNUAL DOLLAR VOLUME OF ALL
PROCUREMENT EXPENDITURES TO BUSINESSES OWNED BY
BLACKS, 17%; HISPANICS, 17%; AND WOMAN, 17%;
AUTHORIZING THE CITY MANAGER TO PROVIDE FOR A MINORITY
AND WOMEN OWNED BUSINESS ENTERPRISE PROCUREMENT SET
ASIDE, AND CONTRACT PROVISIONS; PROVIDING FOR THE
DEVELOPMENT OF PROCEDURES, PROGRAMS, MEASURES AND
RESOURCES TO IMPLEMENT SAID PROGRAM, GOALS AND
OBJECTIVES, AND CONTAINING A SEVERABILITY CLAUSE.
Was introduced by Commissioner Kennedy and seconded by Commissioner
Carollo and was passed on its first reading by title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. A. Suarez
NOES: None.
ABSENT: None.
The City Attorney read the ordinance into the public record and
announced that copies were available to the members of the City Commission and
to the public.
Mr. Osvaldo Soto: Mr. Mayor, I left my law practice to come here to come and
speak in behalf of the ordinance. I would like at this point - I am sure on
behalf of the Spanish-American League Against Discrimination (SALAD) to
commend the Mayor and the City Commissioners and this Administration for this
ordinance. It reflects the concern of all of you, of all minorities included.
What is very important in the City of Miami and any place - the females who
have not been represented are given the opportunity that they deserve. Once
more, I want Sergio Pereira and his Administration and all of you to receive
on behalf of SALAD our commendation for the job you are doing.
Mayor Suarez: Thank you, Osvaldo. I want you to know that bald men are not
included in this ordinance! (LAUGHTER) We do have at least one representative
from the women's group that wants to make a statement. Would you make it
brief, please? ... simply because we are supposed to be back on the agenda at
6:00 P.M. and it may be the first time in history, I don't know!
Mrs. Sandra Ricks: I am Sandra Ricks, President of the Women's Chamber of
Commerce and I am leaving here to go to the Pavilion, where we are having our
dinner meeting with Paula Hawkins. This will be great news to the - 150
people who are guests there to hear the news.
Mr. Plummer: Wait a minute! Wait a minute! What is this - politics
centering into this thing?
Mrs. Ricks: No, no. We have some messages to give to the Senator.
Mr. Plummer: Did you say that Bob Graham was also invited?
Id
138 November 26, 1985
Mrs. Ricks: He came three months ago.
Mr. Plummer: Yes, okay. All right.
75. APPROVAL OF CITY OF MIAMI COMMISSION MINUTES OF SEPTEMBER 12, 1985.
Mr. Dawkins: Item "A", we need to approve the minutes. I so move.
Mayor Suarez: Commissioner Carollo, do you wish to second.
Mr. Carollo: I will move.
Mayor Suarez: Any discussion? Call the roll.
UPON MOTION DULY MADE AND SECONDED, CITY COMMISSION MINUTES
OF SEPTEMBER 12, 1985 WERE APPROVED BY FOLLOWING VOTE:
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Xavier L. Suarez
NOES: None
ABSENT: None
ON ROLL CALL:
Mayor Suarez: I vote "yes" with the reservation that I was
not a part of that meeting and that does not imply in any
way that I approve of what took place there.
76. COMMENTS BY SERGIO PEREIRA IN RECOGNITION OF CITY STAFF.
Mr. Pereira: Mr. Mayor, before the next item, and because I think we are
going to lose one of our Commissioners, I wanted to, because of actions that
you took today - this is going to be my last Commission meeting as City
Manager of the City of Miami, and I just wanted to convey to you what a great
pleasure it has been to work, you know, with this Commission as a City Manager
and how proud I am of the accomplishments that I have been able to achieve,
you know, under your guidance and leadership, and also wanted to publicly give
special thanks and recognition to my staff and to the department directors of
the City of Miami, for certainly working with me, and I feel extremely
fortunate to have been able to work with such a fantastic staff, and I said
that to you in our orientation meeting we had, and said it then, and I want to
say it publicly how fortunate the residents of the City of Miami are to have
the kind of competent people as department directors, as the present staff
that you have, and I feel very proud to have been given the opportunity to
work with them, and given the opportunity to work with you and serve the
citizens of the City of Miami, and I thank you for that.
Mayor Suarez: His comments are not for you. His comments are for the staff.
Mr. Pereira: That is right.
WHEREUPON, THE CITY COMMISSION WENT INTO A RECESS AT
5:58 P.M. RECONVENING AT 6:13 P.M. WITH ALL MEMBERS
OF THE COMMISSION FOUND TO BE PRESENT.
ld 139 November 26, 1985
77. DENY PROPOSED FIRST READING ORDINANCE BY WOODLAWN CEMETERY SEEKING CHANGE
OF ZONING.
Mayor Suarez: We have one item left today.
Mr. Plummer: Madam Clerk, for the first time in 16 years as a member of this
Commission, I will abstain from a vote. I don't think that it is proper that
I should vote in this particular issue, and as such, Mr. Mayor, I will leave
the room, and leave the Chambers. I want that on the record that it was the
first time in 16 years that I will not vote on an issue. I wish all of you
good luck.
NOTE FOR THE RECORD: COMMISSIONER PLUMMER LEFT THE FETING AT 6:14 P.M.
Mayor Suarez: Madam City Attorney, is it correct to state that it takes a
vote to accept or deny - to approve or deny, it takes a vote of three
Commissioners minimum?
Mrs. Dougherty: It takes three to approve. If you don't receive three
f_ affirmative votes, the petition is automatically denied.
Mayor Suarez: We have got two and we have got no quorum yet, let alone the
necessary three. I understand Commissioner Carollo is being interviewed and
he is coming right over.
Mr. Carollo: I just got done with the interview, but did Commissioner Plummer
leave already?
Mayor Suarez: Yes, he stated his reason for abstention, I believe, the first
time in I don't know how many years, Commissioner.
Mr. Carollo: I just came back for a second, Mr. Mayor. I have to leave
myself, and the reason that I have to leave is that I also have a conflict of
interest in this issue, having to do with my security business.
Mayor Suarez: Thank you for stating it for the record, Commissioner, so we
are down to two again. Is Commissioner Kennedy anywhere nearby? Does she not
have a conflict, I hope?
NOTE FOR THE RECORD: COMMISSIONER CAROLLO LEFT THE MEETING AT 6:17 P.M.
Mayor Suarez: Those who would argue in favor of an expanded Commission to
seven Commission members should take into consideration situations such as
this, where because of conflicts we are down to three, and we need, under our
Charter, to have an affirmative vote of three. In this particular case, a
denial of any one would be a denial of the application. We now have a quorum.
Can we move on this item? The City is the applicant, is that correct?
Mr. Joe McManus: Mr. Mayor and members of the Commission, for the record, my
name is Joe McManus, Assistant Director of the Planning Department. The
Planning Department has reviewed the item. The proposal is on the part of
Woodlawn Park Cemetery to rezone approximately 1.3 acres in Woodlawn Park
Cemetery from one family detached residential to CR-2/4 commercial
residential. We have reviewed the fact that Florida law has changed in 1978
to allow funeral homes to be located within cemeteries. We are informed that
there are approximately two of these in Dade County, that is where funeral
homes have been located within cemeteries. The Planning Department recommends
approval of the item. The requested change would not be at odds with existing
land uses in the area. In fact, the commercial zoning on the north side of
S.W. 8 Street and to the east and west is more liberal CG-1/7 zoning, which
allows such things as used car lots, paint and body shops. The request here
this evening is a relatively restrictive CR-2 commercial residential kind of
zoning. Therefore we do not feel that there would be an adverse impact. We
have reviewed the traffic studies and the noise studies that have been
presented by the applicant. We feel that there would be little, if any,
Id 140 November 26, 1985
^1
adverse impact. The applicant states that
allow the construction of a funeral home and
that this is a logical use which would
cemetery use. The granting of this chang
e
Mayor Suarez: Mr. McManus, I have a quick question. I don't know to what
extent it is relevant, so you might want to inform me if you think it is
relevant from a planning viewpoint, certainly. Does the property owner pay
real estate taxes to the City of Miami? ... County and School Board, etc.?
Mr. McManus: I think you would have to ask the applicant to get the correct
answer, Mr. Mayor.
Mayor Suarez: All right, I will do so at the correct moment. Okay, we will
now hear from the applicant. Remember to state your name and address, please.
Mr. Phillip Allen: My name is Phillip Allen of the firm of Mershon, Sawyer,
Johnston, Dunwoody and Cole for the applicant, Woodlawn. As the Department
has just specified, Woodlawn operates a 68 acre cemetery on S.W. 8 Street,
just west of S.W. 32 Avenue. The cemetery is approximately 68 acres in size.
Woodlawn seeks rezoning for only a 1.3 acre parcel of the cemetery which is
located at its 8 Street entrance. At the present time, and for many years
Woodland has operated its cemetery offices at that location and existing
structure. It has a parking lot there. It makes burial rights sales there
and it sells grave markers there. All of Woodlawn Park Cemetery is presently
zoned RS-2/2, existing cemetery. As a technical matter, that is residential
zoning. Obviously, it is not residential in the conventional sense of the
word. It is a technical appellation. Woodlawn Park Cemetery will retain that
residential zoning throughout the entire 68 acres, with the exception, if I
may, of the small green parcel. As you can see, the green parcel will be
separated from the other areas from the other property owners by a buffer of
approximately 300 feet on one side and 350 feet on the other, but you can also
see throughout S. W. 8th Street, every parcel of land is zoned commercial. In
fact, in the entire City of Miami, there is not one piece of property
bordering 8th Street that is not zoned commercial. Woodlawn is the sole
exception, and Woodlawn is only seeking rezoning for less than one-third of
that particular frontage. I would like to reserve most of my time to speak
following our presentation, because some opposition has been raised to our
proposal, which I will discuss in more detail later. Woodlawn Commission's
professional traffic and noise studies - those have been presented to the
Commission in the form of written proposals. We would like to incorporate an
adopt that as part of the record in this matter. Also ...
Mayor Suarez: Let me ask you, Counselor, before you proceed further, do you
expect to have other people speaking on behalf of the applicant in addition to
yourself just for time limitation purposes?
Mr. Allen: Yes, Mayor we intend to put on Mr. Harry Sharp, who is the
president of Woodlawn; Mr. Phil DiDomenico, who is the Project Manager, who
will briefly address some of the concerns raised by the opposition.
Mayor Suarez: So why don't we do the following - why don't we keep both sides
total 20 minutes per side, and their side, I am sure, has more people, so they
are going to have to divide it up in whatever way they deem appropriate, but,
we will hear no more than 20 minutes per. Is that okay with fellow
Commissioners?
Mr. Allen: Sir, it is ...
Mayor Suarez: And you probably used up about 5 minutes of that; post -facto
I'm telling you that.
Mr. Allen: In addition to Mr. Sharp and Mr. DiDomenico, we have the traffic
engineer and the noise engineers, who will very briefly summarize the written
proposals that have been submitted. I understand there are also other people
who would like to address the Commission briefly. I would like to reserve a
few minutes to close and also rebuttal, if that is appropriate, following the
presentation ...
Id 141 November 26, 1985
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Mayor Suarez: Sure.
Mr. Allen: ... if we can proceed that way. So right now I would like to
present Mr. Harry Sharp of Woodlawn.
Mr. Harry Sharp. Thank you, Phil, and Mr. Mayor, Commissioners, Ladies and
Gentlemen. My name is Harry C. Sharp. I am the President of Woodlawn Park
Cemetery, and I reside at 3904 Durango Street in Coral Gables. I would like
to give you a brief history of Woodlawn and some of the trends in our
industry, so that you may better understand our request for this zoning.
Woodlawn is one of the oldest continuously operating businesses in Dade
County, having been chartered in 1913. As the third generation of my family
to be an employee an owner of Woodlawn, I am proud to continue the principles
and traditions established by my father and grandfather over the last seven
decades. Today, as always, Woodlawn's hallmark is the high standards of
quality, integrity, service, and tradition that maintains our position as one
of the foremost cemetery organizations in the country. The history of
Woodlawn reads much like the history of Miami itself. We have memorials to
many of the area's pioneers, including the Merrick family, the Brickell
family, and the Peacock's. Also many prominent Latin-Americans have chosen
Woodlawn to memorialize their loved ones, such as Prio, Machado and Somoza.
There are countless others of national and international renown that make up
the over 60,000 interments. I am the immediate past -president of the Southern
Cemetery Association, so which is the second largest association of its kind
in the world, so I can speak from experience. I have visited numerous
cemetery, mortuary, combinations around the country. The idea is not new.
There are over 300 combinations throughout the United States with over 20 in
Florida and 2 that are already operating there in Dade County. This is
definitely the trend of the industry. The idea of the combination is logical.
It can offer many benefits to the public, such as cost saving, convenience,
total preplanning, and an alternative choice. All funeral home establishments
may use Woodlawn Funeral Home for their services, just as they now use our '
cemetery and mausoleum chapel. Obviously, Woodlawn is a commercial business.
We have operated out of the existing office for over 50 years. The addition
of the funeral home on this site would merely add three functions to our basic
existing business activity. They are a preparation room, a casket selection
room, and repose or chapel rooms for family and friends to visit the deceased
prior to burial. The addition of these three functions would in no way
interfere with current activity in or around Woodlawn. The idea makes so much
sense, that several of these same objecting funeral directors that are here
tonight, have, on numerous occasions, approached me about a joint venture of
this nature between their funeral homes and our cemetery. Yet, they now say,
among other things, that building a funeral home will destroy the beauty of
the entrance to Woodlawn. On the contrary, the addition of a funeral home
would enable us to create a far more beautiful office and entrance in keeping
with our high standards. In fact, we plan to create the finest funeral home
facility in the country. It would be out of character for us to construct
anything less than the best. We have always tried to maintain a good
relationship with our lot owners, our neighbors, and all funeral directors.
We value this relationship and we have gone to great lengths to try to explain
in detail our plans. However, they do not want to listen. The opposition has
raised many false issues, all of which we can prove to be untrue. They have
preyed on the emotions of the neighbors, and worse yet, they have preyed on
the emotions of unsuspecting and bereaved families that have loved ones in
Woodlawn. All of this only clouds the real issue, and that is, does Woodlawn
have the right to this reasonable use of our property. I ask you, what could
be more compatible with the cemetery, than a funeral home? I hope you all
agree that this project would provide a much needed service and in no way
adversely affect S. W. 8 Street, or Woodlawn, but rather enhance the entire
area. Thank you very much for your consideration.
Mayor Suarez: Thank you, sir. I have two clarifications to make very
quickly, before I forget them. Madam City Attorney, or WALTER - first of all,
does the ordinance purport to only change the zoning as to that small parcel,
because I see it referring to 3260 S. W. 8 Street. Is that just the address
of the entire cemetery?
Mr. Walter Pierce: That is the address of the entire cemetery with the zoning
request only applied to that one small portion.
ld 142 November 26, 1985
Mayor Suarez: The ordinance reflects the legal description and only covers
that area? My second question is, in an RS-2/2 classified area, can you have
a cemetery at all, or are they there by virtue of some special deed, or
special historical circumstances?
Mr. Pierce: Mr. Perez -Lugones will respond to that, sir.
Mr. Aurelio Perez-Lugones: Mr. Mayor, new cemeteries are not allowed in the
City of Miami. You can only expand an existing cemetery.
Mayor Suarez: And where you can, can you do it in an RS-2/2?
Mr. Perez-Lugones: You can.
Mayor Suarez: That is an allowed use in that classification?
Mr. Perez-Lugones: With a special exception.
Mayor Suarez: Special exception.
Mr. Perez-Lugones: It takes a public hearing.
Mayor Suarez: It requires a public hearing - okay.
of the applicant answered my question that I voiced
taxes being paid - real estate taxes, if any, by the
No one as yet, on behalf
before in terms of the
Mr. Allen: Mr. Mayor, Woodlawn Park pays taxes on all of the cemetery
property.
Mayor Suarez: What is the assessed valuation, if I may ask, on the 68 acres?
And it pays taxes like any other entity?
Mr. Sharp: We pay taxes on all office buildings and other buildings, with the
maintenance buildings, that type of thing. We also pay taxes on all of the
roadways, and any unsold, or unused space. In other words, if there is a
burial it is tax exempt.
Mayor Suarez: You have got about 2.8 million square feet there If you were
paying taxes like a normal taxpayer, let me tell you, the City would be
getting quite a bit of money ... and I had calculated it one day, but I don't
know what the figures are now - because I don't know the value of the square
footage in that area.
Mr. Phillip J. DiDomenico, Jr.: Mr. Mayor, members of the City Commission,
Ladies and Gentlemen - my name is Phillip J. DiDomenico, Jr. I reside at 3200
S.W. 11 Street. I am in charge of planning and development of the projects on
behalf of Woodlawn Park Cemetery, including construction on proposed funeral
home. I am also a licensed funeral director. I would like to address several
questions that have been raised by the objectors - funeral directors and
neighbors. First, no graves would be removed. The parcel of land under
question has never contained any burials, and no sales of burial rights have
ever been made on the parcel. Second, some of our objectors have the claim
that a funeral home would adversely affect traffic. Professional traffic
studies have proven that this is simply not true. The firm of David Plummer
and Associates was retained to study the area traffic. They have concluded
that a funeral home would have insignificant impact on internal and external
traffic. At the request, I provided David Plummer and Associates with
information from Woodlawn's daily kept records. The information is contained
in a written report which has been given to the Commission. We have projected
from this information that in our first year we will perform approximately 150
funerals and by the end of our fifth year, we will perform about 300 funerals
per year. The great majority of these are funerals that would have otherwise
have taken place at funerals homes in the immediate vicinity; therefore, there
would be very little impact on external traffic. Third, Woodlawn Funeral Home
would not create internal traffic problems at the cemetery. Woodlawn has
always scheduled funeral processions at staggered intervals. All processions
are met at the entrance by an escort. This practice has permitted us to avoid
traffic congestion in the past. We will not abandon that practice now. Four,
the objectors have complained about inadequate parking. Actually, Woodlawn
143
November 26, 1985
would have many more parking spaces than any other area funeral home. Nearby
Rivero, Caballero, Lithgow, Philbrick, and Van Orsdel Funeral Homes have
between 42 and 54 parking spaces. We will have 81, all of them separated from
the cemetery by fences and gates. For all of these reasons, the Woodlawn
Funeral Home will have less of an impact on S.W. 8 Street than the funeral
homes already operating in the area. In closing, Woodlawn Funeral Home will
be run with the same care and professionalism with which we have operated our
cemetery. We thank the Commission for its consideration.
Mayor Suarez: One quick question. Supposing you don't get the zoning change?
Would you still continue to operate a cemetery there in a reasonable and
proper way?
Mr. DiDomenico: Yes, Sir.
Mayor Suarez: Do you feel that that is a use that you are interesting in
maintaining, assuming you don't get the rezoning?
Mr.DiDomenico : Yes.
Mayor Suarez: Anyone else on behalf of the applicant? Do you want to leave
some of your time for rebuttal?
Mr. Allen: Can we have a clarification, Mr. Mayor as to what time we are out
r of time?
Mayor Suarez: Roughly, you have used a little bit over 10 minutes, so let's
say you have about 8 minutes left.
Mr. Allen: Okay.
Mayor Suarez: We are not going to hold you to the exact minute. I am trying
to be fair here to everyone, including this Commission, which has been sitting
here almost continuously since 9:00 o'clock this morning, or what is left of
the Commission!
Mr. David Plummer: For the record, my name is David Plummer. I am with David
Plummer and Associates. We are traffic consulting engineers with our offices
in Coral Gables. We were commissioned to do a traffic study for the funeral
home to do two things - number one, lay out the internal circulation pattern
so that we have adequate parking and adequate marching areas for funeral
processions, and number two, to look at our impact on S.W. 8 Street from both
the existing cemetery, and what would happen when we had the funeral home. If
you will look at the site plan behind me, and if you are familiar with
Woodlawn at all, today we have kind of a large funnel driveway that is too
wide and rather confusing, and if we are granted the zoning variance, we will
create two driveways in S.W. 8 Street. The first driveway from the west will
lead directly to the funeral home. The second driveway on the east will lead
to the procession for the funerals. Again, the first driveway coming in and
leading to our 50 some -odd parking spaces located adjacent to the funeral home
and that would be the driveway that people coming for the visitations would
use. The second driveway leads directly to the cemetery. The split in the
roadway just beyond the funeral home, so that the directors can send the
funerals either to the left or to the right, to make sure if they arrive
simultaneously, which they won't, because we have the ability to stagger the
arrivals off by up to as much as 45 minutes.
Mayor Suarez: Are you telling us, if I may interrupt, of the existing
transportation pattern, or are you telling us of the proposed?
Mr. Plummer: The proposed. There is one driveway today ...
Mayor Suarez: Whenever you can, can you differentiate between the two, just
so we know?
Mr. David Plummer: I am sorry. Today there is one driveway. It has a kind
of a wide funnel look to it. When we redo the site, there will be two
driveways. We also made a study of the size of the processions of the
funerals coming to and from the site. Now, this study was made over a period
of 10 days. We also checked the number of processions we had on a yearly
ld 144 November 26, 1985
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basis. Today we have about 1,280 funerals a year. If you divide that by the
number of days that we have processions, which is 300, we average about 4
funerals a day. This is in a study we did over 10 days before the first
hearing we had on the project. I won't go through all the details. It bears
out the fact that we average about 4 a day. It also gives the size of the
processions. The average size funeral procession is about 15 vehicles.
Interesting enough, in the day that we did the study, was a funeral for the
City of Miami police officer that was killed in the line of duty. Fie had 96
vehicles at his particular funeral, but you can see from the variation on the
curve that is a rather unusual amount. If you take those volumes, and then
you look at the Woodlawn Funeral Home, they made a projection that we will
have about 300 services a year at the new funeral home. About 250 of those
will be buried at Woodlawn, so that the next question that comes up is, what
about the impact of our processions on S.W. 8 Street. Well, if we look at the
pattern of arrivals, certainly processions that come down 8 Street do have an
impact. I, for one, just as a citizen, find it kind of hard to believe that
we would raise the question of delays from funeral processions - that a minute
or two that we have to wait at intersections for a procession to pass, to me
is the least we can do, but that has come up. Well, how do they get to our
site? Well, they can come east bound down S.W. 8 Street, and of course the
police officers hold them up at the intersections and then they become a right
turn into our driveway. Processions that come from the City, coming
westbound, would of course, have to be held up by the police officer, as he
holds up the other traffic, so they can turn and come into the site, and there
is no question that processions have an impact on S.W. 8 Street, but if
traffic is the only issue, you must remember that when we put the funeral home
inside of the cemetery, that our funeral processions never leave our site.
They are marshalled from the funeral home directly into the cemetery, so that
each and every procession that goes from the Woodlawn Funeral Home to the
Woodlawn Cemetery, is a funeral procession that is removed from S.W. 8 Street.
Thank you.
Mayor Suarez: Thank you. You don't have much time left under that particular
guideline, so ...
Mr. Allen: Okay, Mr. Mayor, we were going to put on the noise engineer. His
study is contained in a written proposal. I don't believe there is much
controversy about this ...
Mayor Suarez: Yes, we will see if that comes up, I am sure we will want to
hear you on that.
Mr. Allen: ... anymore, but that is credible. Perhaps on rebuttal, if
necessary, we can do that. I would like to address the legal aspects of this.
Under case decided by the Supreme Court of Florida, "The constitutional right
of the owner of property can make legitimate use of his land, may not be
curtailed by unreasonable restrictions under the guise of the police power.
The owner will not be required to sacrifice his rights, absent a substantial
need for restrictions in the public's interest. If the zoning restriction
exceeds the bounds of the necessity for the public welfare, it must be
stricken as an unconstitutional invasion of property rights." Under that rule
of law, the Commission must grant this proposal for rezoning, if to deny it
would result in discrimination to the owner of the property. Only if the
Commission's denial of the rezoning of the property is fairly debatable in
that it makes sense, is it a legal and constitutional determination. It is
not fairly debatable, to deny a property owner the right to a less restricted
zoning classification, when every other parcel of property in the area enjoys
that less restricted zoning classification. Numerous decisions of Florida
appellate courts, including the Third District Court of Appeals have held that
it would be illegal spot zoning in the reverse, and unconstitutional to deny
an applicant that less restrictive zoning The record before this Commission
is absolutely clear on that matter. All of 8 Street zoning in this particular
neighborhood, and throughout the entire City of Miami enjoys commercial
zoning. Every one of those property owners has zoning classifications that
would permit them to build a funeral home, just as Woodlawn wants to do. In
fact, it is no more underscored by the fact that approximately 600 feet from
the proposed funeral home, there is a funeral home. In fact, it is operated
by one of the people who is objecting to our having the funeral home. It is
being objected to on the basis of traffic, on the basis of noise, and under
some other considerations which just aren't relevant zoning considerations.
ld
145 November 26, 1985
Those have to do with the funeral director's judgements about the appropriate
way to run a cemetery, their conception of what a dignified cemetery out to be
like. Other related matters - it is not worthy of comment, really, that
Woodlawn would abandon 70 years of tradition and quality by putting up a
building, by conducting this operation and doing it, by doing it in a way that
would alienate the very people it has served so well for 70 years. If people
do not like a cemetery, mortuary combination, they will tell us that by not
utilizing it. That is a business consideration. It is an entrepreneurial
risk! It is not a zoning consideration. Frankly, it must be said that the _
funeral home opposition we have faced is before this Commission more to
protect their commercial interests, their competitive stake in this, than
anything else, and I would like to just briefly cite one case to the
Commission - City of Miami vs. Schute, 262 Southern 2nd 14, Florida Third
District Court of Appeal, 1972, in which it was held that it was an
unreasonable denial ...
Mayor Suarez: You are not arguing yet this matter before a court of law, and
you may be confusing the Commission. We have our own Legal Department to
advise us on legal matters. I am not sure it is a great idea for you to go
into citations. I will say that, just off the top of my head, and as an
observation, when you make reference to ... you enunciate that standard you
refer to, which has to do with other parcels in the area, in this case, just
about every other parcel, is yourself, the applicant, because you, yourself,
and all the other ... just about in every area of your little parcel there,
Y you find yourself, so, it may be that that standard will not apply, I don't
know, I am not a court.
Mr. Allen: Well, let me address that. Every other owner of commercial
property in this particular area, as you can see from this, abuts residential
property. People live in back of the Rivero Funeral Home. We have
residential property in back of us - it is a cemetery. I submit, there is no
question, that our use of that property for that limited commercial use, is
much less intrusive and much less disruptive of living in that area than the
existing commercial uses, so the extent, we might be bounded by residential
property in back of us. So is everybody else. We are completely similarly
situated with those uses. Before I close this portion, (and I would like
again to reserve the right to a brief rebuttal) point out that I anticipate
that a Mr. Robert Korner and Miss Mary Garcia are going to be appearing in
opposition. They appeared twice before at the Zoning Board level. Neither
time did they identify their clients, although they both purported to be
representing others. Woodlawn insists, and we object to this ...
Mayor Suarez: That happened to us today in a couple of other matters. I
assure you I will know who the people are representing, if they are
representing anyone except themselves. Thank you for your presentation. On
the opponents, how many opponents do we have? How many people against this?
How do you propose to organize yourselves in a way that we can hear from you a
limited amount of time and you don't constantly repeat the same arguments over
and over again?
Mr. Robert Korner: Mr. Mayor, my name is Robert Korner. I am here
representing 6 funeral homes and over 75 individuals.
Mayor Suarez: That helps.
Mr. Korner: And Miss Garcia is here representing a great many individuals
also. Mr. Armesto wishes to speak, Mr. Van Orsdel, and Mrs. Range wishes to
speak. I would like for us to start with Mr. Armesto and we will just try to
keep it as quick as possible and we will assure you that we ...
Mayor Suarez: Knowing Mr. Armesto, that could be a mistake! He could use up
a lot of your time.
Mr. Korner: Mr. Mayor, I hope you will cut him off if he takes to much time!
Mayor Suarez: Very briefly, Mr. Armesto. There are a lot of people here that
want to speak on this issue.
Mr. Eladio Armesto: Mr. Mayor and members of the Commission, my name is
Eladio Armesto. I am a member of the City of Miami Planning Advisory Board.
Id 146 November 26, 1985
I am the Vice -Chairman of said board. I am here to object the rezoning in two
counts only. Now, is a spot zoning, which is especially for building by the
law, to spot zoning one area, unless you change the zoning of the whole area,
you cannot single out one little piece in a big area and change that zoning
and leave the rest as it was before. Either you change the whole area, or you
don't change anything. That is reason number one. Reason number two is
contractual zoning. Contractual zoning has been forbidden by the law for many
years. It is against the law to allow contractual zoning, which is to rezone
some property, subject to a use. You cannot, under the law, rezone a
property, a piece of land, subject to a use - to a future use, as specified in
the application for the rezoning. Those are my two major concerns, and
answering the question that you raised, Mr. Mayor, a few minutes ago, I
understand, to the best of my knowledge, that the applicant is a nonprofit
organization, that pays no school taxes, no real estate taxes, no property
taxes at all, as other business do.
Mayor Suarez: If you don't know for sure, I wouldn't suggest that you put it
on the record, because it will simply confuse things in case this matter goes
to court.
Mr. Armesto: To the best of my knowledge, I am telling you, they should
provide a tax receipt if they have it. But after my research that they don't
pay a school tax, or other City of Miami taxes because of the status of
nonprofit organization. That concludes my presentation - it takes less than
r one minute.
Mayor Suarez: Thank you, Mr. Armesto.
Mr. Clifford VanOrsdel. My name is Clifford VanOrsdel. My central office is
located at 3333 N.E. 2 Avenue, and my father and I established this funeral
business in 1924, and our son Donald is Miami's first third generation funeral
director. It has been stated here that we are fearful of competition. I want
to say through the 60 years that we have been here, we have competed with
others at all times, and we do not worry so much about individual competition.
We have 6 mortuaries scattered from N.E. 150 Street out to S.W. 93 Avenue and
Bird Road. We are more concerned about what happens with the funeral customs
that change, with the population shifts, and the population makeups, those
things affect us more than any individual competitor.
Mayor Suarez: Yes, sir, I would interrupt you and agree with you, and
strongly advise the opponents is not to get into the issue of competition,
because it is not relevant, and it will hurt your own cause.
Mr. VanOrsdel: The cemetery was established, as they said, back in 1913, and
it was founded by Theo Wilson and his family. This family owned, operated and
managed the cemetery for over 60 years and then the control went to Mr. Sharp,
Charles Sharp, and his family and now Mr. Harry Sharp is the sole owner of
this cemetery. Some months ago he had a plan approved by the County for a
mortuary at Killian Road and S.W. 117 Avenue. The entrance is on Killian
Road, of the cemetery, and the entrance for the mortuary is around the corner,
a quarter of a mile down the road. It does not affect the cemetery in any way
and we supported this plan, we filed no objections to it. In fact, we
welcomed Woodlawn into the field of funeral service, but what we want to see
them do is not put this mortuary inside of the entrance to the cemetery,
because it will cause serious traffic problems, and furthermore, it will
destroy the historical area in there, this beautiful landscaped area inside
the cemetery, which has been designated as a bird sanctuary and it is a part
and parcel of every purchaser of property's evaluation of the situation when
they purchased land in that cemetery. There is properly zoned land that has
been pointed out here, right across the street, even a corner lot, which is
very essential for parking. When you go into Woodlawn, the only way to get
out is down a half a mile below you on the south, or a quarter of a mile down
to the west. Now, the Planning and Zoning Board asked Woodlawn to notify the
lot owners, and they could have placed a notice in the newspapers. They
simply could have used the interment records. Every time there is a burial,
we give them the name of the applicant, and the address and the telephone
number; however, nothing was done. Now, I understand that probably all of you
folks received this ad that was in the newspapers, received a copy of it,
stating the myths and the facts that were outlined here, and I want to say
that if this had been a political situation where a candidate was running for
Id 147 November 26, 1985
office, this would be illegal to publish such an ad as this, just a couple of
days before the hearing. We had no chance to run an ad answering this in the
paper.
Mayor Suarez: I wouldn't suggest a comparison to a political situation. Just
about everything and anything is said during campaigns!
Mr. VanOrsdel: That is right! That is true, and that is just about what has
been said here. I can take time and go through here - "Woodlawn has no more
room." We have never claimed that. "There would be insufficient parking."
That is true. The bird sanctuary, they say, will not be affected. It is just
going to be destroyed completely, and replaced with something else. I don't
know what you call "affected"! They say traffic will not be affected. I want
to say that traffic surveys don't count for much, because until this goes into
operation, you won't know what it going to happen, so I am going to try to
tell you what I, as the most experienced funeral director in town, and have
taken more funerals in out of Woodlawn than any other living person, can tell
you what is going to happen inside. I won't run on through the list of these
things, but I have an answer for every one of these things and the myths are
in the wrong place here. They are at the wrong side of the page.
Mayor Suarez: What is on the wrong side of the page?
Mr. VanOrsdel: The myths and the facts, they are on the wrong side of the
page. It is practically the other wai around. This ad is very misleading,
and very unfactual. Now, nothing was done about notifying the property
owners. These property owners have warranty deeds to 90% of the burial
space in this cemetery. They are more the owners of this cemetery, in a way,
than those that are operating it. Yet, these people have been entirely
ignored. Now, I talked to a number of them before the first hearing, and I
stopped talking to them because I found that every property owner I talked to
was against this change.
Mayor Suarez: You are talking about the owners of the plots that are there
already?
Mr. VanOrsdel: Yes, the owners of the plots.
Mayor Suarez: Is there an association of owners? Is there anything that
tells us what ...
Mr. VanOrsdel: Well, there was one one time when this perfect cemetery that
is being portrayed here, wanted to close the east entrance, which is on 32
Avenue. The lot owners were so incensed, they formed a Woodlawn Lot Owner's
Protective Association, and Woodlawn also wanted to close up a road running
from south of Soldier's and Sailor's Monument over to the 32 Avenue wall.
These people fought valiantly against Woodlawn for quite some time, but they
closed the gate, and closed that road, and I could go on tell you about roads
that were built on City property and other things that have happened there,
but I don't think that is relevant, but these people are not perfect people,
and the fact of the matter is, the cemetery is not being operated as well
today as it was in the past. Now, there are literally hundreds of lot owners,
and if wanted to put on a campaign, I could bring in petitions with literally
hundreds of lot owners who object to what is being done here, because they all
like the beautiful entrance and this is what has been sold and what people
have been told when they buy property there that here is Woodlawn. It is
forever beautiful. They have advertised that at the beginning and they still
advertising it today, but they wish to go in and destroy the area there!
Mayor Suarez: Counselor, you may want to make a suggestion here on the time.
We have used up about 15 minutes, or so.
Mr. VanOrsdel: We have the traffic situation. In the first place, there is
bound to be more traffic brought into the cemetery, because more funerals are
going to be held. The mausoleum owners are going to want to have their
funerals held at the mausoleum chapel. That is where they are going to want
to have them held, and there is not adequate parking down there. There are
only six special places for parking - six cars, that is all that there is down
there. There are roads down there, but if you use the roads for parking, you
would block then up, or reduce them to one way. It would be a terrible
situation. The place is not created for primary funerals, or it ...
ld 148 November 26, 1985
Mayor Suarez: That is the way it works now, isn't it? Doesn't everybody
park...
Mr. VanOrsdel: They have a brief committal service there, that is all. They
get people in out in generally thirty minutes. Primary funerals will take
anywhere from one to three hours, from people coming ahead of time and staying
afterwards. There aren't proper restrooms there, no telephone services. That
is way downstairs off the little tubby hole and so forth. Up in front, where
they have all this parking space, if you will look at the plan over there and
these cars are in there, parked in there, back to back - right straight
across from each other. If people are going to gather there, they are going
to gather there for funerals to go from there down to the grave. They are
going to have to organize it. They are going to have to back these cars up
because they work in and out and they are going to run this lot for other
things, and it is going to be a very bad jam, because you have to move these
possessions forward as you go, and they will block up the area down there and
others can't get in. You can't schedule these things, because funerals run
late sometimes, funerals coming in from the outside won't come in on time. It
could be a terrible situation. I could just give you oodles of facts about
what will take place and what is happening in this cemetery.
Mayor Suarez: Thank you, Mr. VanOrsdel. One quick question to our Planning
Department. Has anyone taken into consideration the parking issue here, Joe?
Is that something that we should be concerned about?
Mr. Joe McManus: From what we have been able to understand, there would be
adequate parking around the proposed funeral home, and then of course, as you
traverse the roads within the cemetery, of course able to move off to the side
and park along the roadway.
Mayor Suarez: Which is the way they do now, right? Yes, I've never seen any
marked spaces in there.
Ms. Mary Garcia: Good evening, My name is Mary Garcia I am the person Mr.
Allen mentioned, and before we go any further ....
Mayor Suarez: State your address, if you would.
Ms. Garcia: 1112 S.W. 33 Avenue. Before we go any further, I want to clear
the record and say I am not here in representation of anybody. As a courtesy
to applicant, and as a courtesy to the City of Miami Commission, I have been
asked to speak on behalf ... not represent, I don't get paid for any of the
work I do, and I am not giving legal representation here. On behalf of all
the objectors, and if you would please be kind enough to ask them in Spanish -
a lot of these people don't speak English - they have the same concerns and I
have been asked to speak on their behalf. You can take a vote, or a show of
hands to see if that is the case or not, before I proceed further. In any
case, I would ...
Mayor Suarez: Are you talking about residents of the area?
Ms. Garcia: Cemetery lot owners,property lot owners and concerned members of
the community. (COMMENTS IN SPANISH)
Mayor Suarez: Do you want to translate that so we have a clear record?
Ms. Garcia: Just on the record, just for a show of hands for those people
that wanted me to speak on their behalf because they do not speak the English
language.
Mayor Suarez: Do you have a list with addresses and so on?
Ms. Garcia: No, I do not, but if you would prefer we can have a sheet of
paper, and we can have these people sign the list.
Mayor Suarez: For your own purposes, it might be a good idea.
Ms. Garcia: Obviously. Okay, thank you very much. The reason why we are
here tonight, we have heard applicant say that the people had been mislead.
ld 149 November 26, 1985
We want the Commission to know as members of the community and as property lot
owners and cemetery lot owners, we are not morons, okay! Lot of the people
here might be elderly people and they might not speak t!le language, but they
are not morons, and they know what the situation here is. Considering the
time frame here, I am going to very briefly bring to you some of the concerns,
and I am going to split them up. Tile reason why we are here tonight is
because we strenuously object to the zoning changing. I think the applicant
has failed to mention ... they have had all of these extra reports and what
not, but they haven't mentioned the crucial point. They haven't said why is
this beneficial for the community. They haven't said that they have done any
surveys, they haven't ask any of the members of the community, or cemetery lot
owners or property owners. I can tell you from my own personal experience,
and I am them closest neighbor, and I have never been notified, even through
the legal requirements, as a property owners within 375 feet. I have said
this on the record time and time again, and they keep mailing notice of record
to everybody but to me, obviously there must be a reason for it. They haven't
contacted the cemetery lot owners, which would have not been any trouble for
them. They have refused to do so, and the only thing I can surmise is that
they are probably not very sure that this is the best interest of the
community or in the best interest of the residents in the immediate area. The
property lot owners, and I mean the real property lot owners are basically
concerned that it going to lower their property values. As far as traffic
concerns, I am not here to speak on behalf of the cemeteries, but I can tell
you, it doesn't take an expert to tell you that if they are running a funeral
concern, they are going to have people coming in there to visit the dead.
They are going to have people leaving to go to church. They are going to have
people coming back for the actual burial and they are going to have people
leaving to go back home. Also, applicant hasn't mentioned a very special
point here. All the other funeral directors give service to anybody that comes
there and they bury at the different cemeteries. If Woodlawn Cemetery is not
going to have a monopoly on the situation and they are going to have a funeral
service and they are going to be burying people in other cemeteries, they are
going to have traffic, because these people have to leave to go to the other -
even if they have a funeral home there where the people are visiting their
dead and they are going to be buried somewhere else, there is traffic going
out, and what is going to happen, there is going to be another funeral
possession coming in, so it doesn't take an expert to tell you that there is
going to be increase traffic; there is going to be increased noise in the
area. As a matter of fact, I can tell you that the situation has already ...
they haven't even gotten their zoning passed, and there have already been
problems. There are currently zoning violations against Woodlawn Cemetery.
Woodlawn Cemetery has moved all of their equipment to right across the street
from where I live, where it gets to the point - and the head City inspector
can tell you that I can't even talk to people on the phone and hear myself
think - that they have these concentration type fences on the top portion.
All their heavy equipment which was being kept in another area of the
cemetery, they are currently keeping it there. As far as the cemetery lot
owners, they have ...
Mayor Suarez: Ms. Garcia ...
Ms. Garcia: Yes?
Mayor Suarez: Are you a law student?
Ms. Garcia: Yes, I am.
Mayor Suarez: What year?
Ms. Garcia: Third year.
Mayor Suarez: When you finish your law school, I strongly suggest that when
you argue before a court you go a little slower, because you are going so
fast.
Ms. Garcia: Well, you told me I only have five minutes and we represent an
awful lot of problems here, so ...
Mayor Suarez: I am kidding you. I am kidding you!
Id 150 November 26, 1985
Ms. Garcia: ... okay, if you ...
Mayor Suarez: Well, how much you can pack into five minutes all right?
Ms. Garcia: Let me tell you, a lotl I can pack a lot in five minutes, okay?
Cemetery lot owners, they fear there is going to be an invasion of their
privacy. Obviously, there are. There are going to be people roaming around in
the graves. There is going to be increased traffic. Traffic is going to have
to come in somewhere and go out somewhere and it is going to be right through
the cemetery. I have been living there for 13 years and I know that cemetery
area pretty well, and it is definitely going to be a problem. We don't want
... the property owners don't want to have this cancer in the area spread
around where you have a little spot zoning in the beginning, and then they are
going to want something else and it is going to go somewhere else. Applicant
hasn't mentioned to you that for 73 years they have had the benefit of having
63 acres in a residential area. They talk about all the other commercial
enterprises in front of 8 Street, but all of these commercial enterprises only
span a very small area; they don't go from 8 Street to 16 Terrace, and they
don't go from 32 Avenue to 34 Avenue, so it is unfair to make a comparison
with other people who are highly restricted, okay? ... in the amount of
commercial space that they have in order to engage in their enterprises. Now,
another reason why most of us are here today is because ...
Mayor Suarez: Counselor, your entire side has exceeded its allotment by 4
minutes. You know, we will have to give them the same amount of time and we
may be here all night unless we limit this somehow.
Ms. Garcia: Okay. Basically, that is the concern of the community, you know,
and I hope you take it in mind, because, if this is for the best of the
community, and the community doesn't want it, I think it is highly
significant. Thank you,
Mayor Suarez: Thank you, and I hope you apply to the City of Miami Legal
Department when you graduate.
Mrs. Athalie Range: Mr. Mayor, Ladies and Gentlemen of the Commission, my
name is Athalie Range. I live at 5727 N.W. 17 Avenue. I am a licensed
funeral director and embalmer. I have possibly 3 points that I will make as
quickly as possible. We heard applicant make mention of the fact that the
property which is being used, or proposed to be used for the building has no
grave spaces on it at all. I would venture to say that if this property were
offered for sale, I feel that it would be bought as rapidly as any other
property in the cemetery. Consequently, there is a special reason for having
held this away from the sale of the people. We think in terms of the scarcity
of space. This, I believe, is about the only cemetery which has space within
the city limits of the City of Miami. The City cemetery on N.E. 2 Avenue and
17 Street has long since been sold out, so there is a shortage of space as far
as cemetery spaces are concerned. I think also ...
Mayor Suarez: By the way, Mrs. Range, that is an interesting point. I hope
the applicant will address that - how much remaining space you have there at
Woodlawn.
Mrs. Range: All right. The other item I would like to make mention of, is, I
heard it said that we do not need to consider the emotional side of this, but
I think it is very, very important. Death in itself is an emotional
circumstance and the solemnity of the cemetery should be maintained. Can you
imagine whether there are roads leading to the delivery areas or not? But, at
some point or other, I am sure there would be funerals in the cemetery, and of
course, with a full fledged funeral home, there are many, many items that must
be delivered. These are very bulky items, I have reference now, beginning
with caskets - a large place, it is going to serve a large number of people is
going to have to keep its inventory up, consequently, there will be trucks
coming into the cemetery, whether it on the back side, or the other side or
not, but they will certainly attract attention as they come in to make their
deliveries. Fluids, everything else that is used fair the preparation of the i
dead, must be delivered, and these are the kind of things that we think about
when we think of solemnity and beauty of the cemetery. I realize time is
short, I will not take any more time. If you have any questions, I'd be glad
to answery
i
Id 151 November 26, 1985
Mayor Suarez: Thank you, Mrs. Range. We are honored, of course, to have
you - former Miami City Commissioner. Counselor, now we are about 7 minutes
over, so please make it as quick as possible so we can have a compensating
amount of time.
Mr. Korner: This is the one time I wish I had been a tobacco auctioneer! I
think one of the issues that we have to address here are the broken promises
to grave site owners and their loved ones. The 6 funeral homes that I
represent, and the other people that I represent, and here is a partial list
of 54 of these people that I would give to the Clerk.
Mr.Allen: Mr. Korner, does that list include the names of the funeral home
directors?
Mr. Korner: It does.
Mayor Suarez: Could you address the chairman, both of you, please?
Mr. Allen: Yes, Mr. Mayor, I'm sorry Could we ask Mr. Korner to identify the
6 funeral homes that he says that he represents.
Mayor Suarez: Yes, could you please do that, Mr. Korner?
Mr. Korner: Certainly. Caballero Funeral Home, Rivero Funeral Home, the Van
Orsdel, the Lithgow and Philbrick Funeral Homes, and Gregg Funeral Home.
Also, one other group that is involved in this, is the Chinese-American
Benevolent Association. They have many graves in the cemetery. I am also
representing them as well as these individuals, and I have 34 other
individuals that aren't on this list.. I will be glad to furnish the
Commission with a list of those names at a later date. These funeral homes
that I represent were very instrumental in many people buying grave sites in
Woodlawn Park. They recommended Woodlawn Park because they believed that
Woodlawn would continue to maintain the beautiful entrance on Tamiami Trail.
The walls, the iron gates, the fences, the landscaping, all these combined to
make the cemetery have a very attractive, pleasant and tranquil entrance, and
this is very important to the people who are facing recent bereavement. Quite
naturally, the purchasers, and/or their families are angry now, with the
funeral homes that got them into this disappointing situation. They feel
cheated by the prospect that a major attribute of the cemetery they invested
in may be lost to them and to their loved ones. Woodlawn has held out to the
public a slogan of "forever beautiful" for many years. These become empty
words if they are permitted to rezone the most beautiful part of their park to
a business and replace the landscaping that is there now with a building and a
parking lot. I would like to offer this brochure from Woodlawn in evidence,
particularly the last page, where it talks about perpetual care, guaranteeing
the keeping of the cemetery the way it is. The term "perpetual care" has to
mean something. They have used it in their advertising. They have led people
to believe that the cemetery that people purchased lots in is the same
cemetery that is going to be there when they go back later to visit the graves
of their loved ones. The beautiful curved wall, the gates, the fact that this
cemetery now closes in the early evening will all be lost, because the funeral
home will be a 24 hour operation.
Mayor Suarez: From a zoning standpoint, I have to tell you that I don't think
that any of this is relevant, because it sounds like you are arguing on behalf
of, I mean, from a contractual standpoint of the people who have purchased
there. Now, I don't want to tell you how to do your job, but ...
Mr. Korner: Mr. Mayor, I understand your concern, however, one of the things
that the Commission is permitted to consider is whether this is going to have
a good effect on the community, and we are talking about thousands, tens of
thousands of people who have invested their time, their emotions, in this
cemetery in this community, many of whom now are property owners within the
area.
Mayor Suarez: Yes, I am not sure it includes the dead community. That is an
interesting point.
ld 152 November 26, 1985
V'r.. ,
Mr. Korner: I would agree that perhaps that the deceased cease to have civil
rights, but I am sure their loved ones who remain behind continue to ...
Mayor Suarez: If they are residents, then it is of concern to this
Commission.
Mr. Korner: You might call them permanent residents.
Mayor Suarez: Yes.
Mr. Korner: Woodlawn resisted notifying the grave site owners. They claim
that there were too many owners. That it would be too costly. I say to that
that is pure balderdash. They know very well that the vast majority of their
owners would be up in arms, and that is why they didn't notify them. They
didn't think it too expensive to run a half page ad in the Neighbors last
Sunday, so I think they have shown the reason they didn't want to notify their _
owners is because they were afraid of the effect that it would have. You have
heard about the advertisement. You need to but look at it. In many places it
insults your intelligence. It claims that it not only will not adversely
affect the bird sanctuary, will actually enhance it! To believe that, you
have to believe that birds like buildings and parking lots, but they don't
like trees. They like 24 hour a day operations. They don't like operations
that close at night. I think this is for the birds, and they must think it
for us and they think we are Cuckoo birds! We are asking Woodlawn not to be
allowed to break faith with the owners. We are also saying that this use is
not compatible with the cemetery. The grave sites have been sold. They are —
there. There are people buried there, and compatibility has to be
considered - compatibility with those people, the loved ones who want to go
there, the people who have invested their money and have bought those sites -
they have some privileges here. We are saying that to put a parking lot, to
put a funeral home amongst grave sites in incompatible.
Mayor Suarez: As Commissioner Plummer would say if he were here, you may be
doing yourself a disservice by going on. Frankly, I think the Commission has
heard enough on the opposing side, and we want to just ... again, I don't want
to restrict you unduly ...
Mr. Korner: Thank you, Mayor. I would like to make one point that hasn't
been made, and that is this - this rezoning proposal goes much deeper from 8
Street than any other zoning from 8 Street, so what they are asking for is not
something similar to the zoning existing on 8 Street.
Mayor Suarez: How many feet is that that it goes?
Mr. Korner: Almost twice as deep.
Mayor Suarez: How many feet?
Mr. Korner: About 300 feet, and that is certainly a bad precedent to set,
because other people are going to come and want the same depth. The other
problem that is in the zoning code is that right now the zoning code clearly
prohibits using properties that are zoned residential for ingress and egress
to a use that is not a residential use. People now use, and will continue to
use S.W. 16 Street to get in and out of this place, which means that those
people who go to the funeral home and leave by 16 Street, or those people who
come to the funeral home by 16 Street must in fact, violate existing zoning
regulations and I don't believe that that makes for good zoning. Also I would
like to mention that the Zoning Board of this City recommends denial of this
application. Thank you.
Mayor Suarez: We are fifteen minutes beyond the time.
Mr. Alex Gonzalez: I just wanted a couple of facts and then I will sit down
and then I would like to ask you a favor. First of all, something that is not
addressed ...
Mayor Suarez: You have to state your name and your address.
Mr. Alex Gonzalez: The name is Alex Gonzalez. I live at 3310 S.W. 10 Street.
Okay, there is a funeral home now on 34 Avenue and 8 Street. On any given
i
ld 153 November 26, 1985
night, especially on weekends, you will have cars parked along all the way
from 8 Street and 33 Avenue all the way down to about 11 Street, along the
medians, all along the ...
Mayor Suarez: But that has nothing to do with the applicant.
Mr. Gonzalez: It has nothing to do with the applicant, there is just one
thing. There is one funeral there, and that is how much parking that
requires. If you put another funeral home one block away, I don't care if
they have 80 parking spaces, because I have counted over 120 cars on a busy
night along our street. We live there. We pay property taxes and we want it
residential zoned. We don't want parking lots in front of our yards. I don't
care about the funeral homes. I don't care if they get good service. I am
not going to die and I am not worrying about that!
Mayor Suarez: I am not planning too either! (LAUGHTER)
Mr. Gonzalez: But the fact is this - we are not living in a residential zone
any more. We have parking lots in our neighborhood. That is what we are
addressing. That is why all these residents are here, okay? That is all and
I would like one more favor, because I find it impossible to get in ...
Mayor Suarez: No favors here!
Mr. Gonzalez: I voted for you, so I expect a favor! (LAUGHTER)
Mayor Suarez: What was the favor?
Mr. Gonzalez: I have been in contact with every department in the City of
Miami and they keep reshuffling. All I would like is some "no parking" signs
in all the medians down 33 ...
Mayor Suarez: That really is irrelevant to this point. You are welcome to
bring that up at a later time on another agenda.
Mr. Gonzalez: But I don't know where, and I don't have the chance. I'd just
appreciate it.
Mayor Suarez: Okay.
Mrs. Kennedy: At the next election!
Mayor Suarez: No, seriously, see Mr. Pierce.
Mr. Gonzalez: Thank you, sir.
Mayor Suarez: Okay, counselor, is that it for the opponents? Can you keep
rebuttal to 10 minutes or so? Try to address ... I will say one thing - our
City has provided us with the figures I asked about in terms of the taxes paid
by the Woodlawn Cemetery property. I don't know that this is particularly
relevant either, but the total value in 1984 is $10,926,000 - exempt of
$10,239,750. Net taxable value is $686,000, which is approximately 7% of the
total value that is actually taxed. Counselor?
Mr. Phillip Allen: I'll be very brief, just a brief rebuttal on the traffic -
I don't mean to make light of this, but when you hear a lot of people talk,
you would think we are asking for a shopping center. Cemeteries are very,
very low generators of traffic. In fact, if you take the Woodlawn volume
today and you add in what will come from the funeral home, we are still less
than one-half of 1% of the volume that exists today on S.W. 8 Street.
Secondly then we can get into an argument about how may possessions will go
from our funeral home to the sites but again, each and every possession that
comes from our funeral home to the site is a possession that is removed from
S.W. 8 Street. Thank you.
Mayor Suarez: Counselor?
Mr. Bill Golden: My name is Bill Golden and I own a printing shop across the
street on 32 Avenue from the cemetery here.
ld 154 November 26, 1985
Mayor Suarez: What is your residence address, sir?
Mr. Bill Golden: 6950 S.W. 123 Avenue, however, I spend most of my time
across the street from the cemetery at the Golden Press. Now, I would like to
say that I am 62 years old, and I was born in the neighborhood and Woodlawn
Park has always been a good neighbor, and I am certainly in favor of them
doing what they want to do with their property, judging on their past
experience with the way they have conducted themselves. They will do what
they say they will do, and I am sure that anything they will do will be an
asset to our community.
Mayor Suarez: Thank you, sir.
Mr. Korner: Mr. Mayor, I would like to ask that the rebuttal be restricted to
rebuttal, inasmuch as we are not going to be given an opportunity to answer
anything that is new that is brought up. I think that ...
Mayor Suarez: Now you are getting into procedural niceties.
Mr. Korner: I'd like the record ...
Mayor Suarez: After over spending your time by 15 minutes!
Mr. Korner: I just would like the record to show that ...
Mayor Suarez: We really don't follow those rules, so it is not a serious ...
Mr. Allen: Mr. Mayor, I wanted to point out that we raced through our
presentation to accommodate the time limit. To the extent they went over, I
think it is fair that we get ours back.
Mayor Suarez: Absolutely.
Mr. Joe E. Smith: I am Joe E. Smith, a resident of Miami for 55 years. When
I came here ...
Mayor Suarez: State your present residence, sir, please?
Mr. Smith: 7720 S.W. 54 Avenue. When I came here in 1930, the population was
70,000 from Homestead to the Broward line. I would hate to think today that
what I have heard at this meeting, to see progress retarded. Where would our
growth be today, if we had to have had the same feeling about everything that
was going to be built. I own lots in the cemetery, that Mr. VanOrsdel talked
about - I've known the family of Vanorsdel for all of the time I have been in
Dade County. I have known the Sharp family the same length of time. As a
resident, I own property. In fact, my wife is laid to rest in the Woodlawn
Cemetery. In the mean, I think that we are talking about progress. If it is
zoned against putting up a funeral home there, I would say it should be done
away with. Thank you.
Mayor Suarez: Thank you, sir.
Mr. Allen: Mr. Mayor, some of the more minor matters, first. All of
Woodlawn's 68 acres is a bird sanctuary. Most of it, almost all of it is
going to be unchanged. We are going to add 18 trees, which is all in the
proposal. We are going to continue to be a habitat for birds. We are going
to continue to be a park like atmosphere and dignified place - a sacred place.
We are going to continue to operate the cemetery as we always have. Most, if
not all of the opposition is raising irrelevant matters. I believe Ms. Garcia
said we have failed to tell this Commission why the community needs this
funeral home. That is not a zoning consideration. If we elect to use our
property to build a funeral home, if we do it in an area that ought to be
zoned for that purpose, it is our choice to build it. If we are wrong, we f
will pay that entrepreneurial risk. We don't wish to sound crass. We don't
wish to sound that we are only concerned with the business aspects of this.
Like people in any business, Woodlawn is trying to do its job very well, and
is very proud of it. At the same time, we have to emphasize that the law
simply will not permit a denial of this rezoning application. The precedent
that has been set in this area is commercial. All of the uses are commercial.
Mr. Korner is incorrect. The depth of the parcel is 200 feet, not 300 feet.
t
I
Id 155 November 26, 1985
To the extent it may go a slight amount
not again, a truly residential area. It
may refer to the site plan, which we saw
deeper in the residential area, it is
is the cemetery park. In fact, if I
Mayor Suarez: Frankly, I don't understand the point you are making. It seems
like you are surrounded by residential areas, even your own parcels.
Mr. Allen: Our own parcel is zoned residential. My point, obviously, is that
we are not truly a residential use. People don't live in this area. I don't
mean to be facetious about it, but we don"t disturb anybody in the evening.
We are just not going to create the same kind of disruption that the Rivero
Funeral Home is causing 600 feet up the block. By the way, we support Mr.
Gonzalez' request for "no parking" signs. We will abide by them. Also, let
me point out as far as taxes are concerned, the estimated cost of constructing
this funeral home will $1,000,000. I don't know where the final evaluation
would be, but to the extent we build a funeral home, that will be additional
tax revenue for the City of Miami. It is no longer subject to any exemption.
Also, the parking problem has been raised again. We have 81 parking spaces in
our proposed site. The other area funeral homes, and this is all in the
written report, have between 40 and approximately 55. We simply not nearly as
likely to create the kind of over flow parking situation that troubles Mr.
Gonzalez so much. We simply have planned better than that and we are not
going to be doing that sort of thing. As far as Mr. Korner's only legal
point, which I understood to be the use of property - residentially zoned
property, to get to commercially zoned property, that is a premature
consideration. The site plan we are proposing right now is proposed. It
would be premature to do it until we have the requisite zoning. If the
Planning and Zoning Department determines that we would be using residential
property to get to commercial property, then we can apply for Class "E" permit
and we would have to, if that were the determination. Frankly, our basic
position is that (and this has been held in other jurisdictions) cemetery
properties, cemetery purposes include funeral home purposes. They include
that use. In a recent case in Louisiana, Metarie Cemetery in New Orleans had
this very same kind of excuse. A court there held that the definition -
cemetery purposes included funeral homes. We contend that if residential
zoning means existing cemeteries, then it is broad enough to permit funeral
home operations. If residential zoning is not held to be broad enough to
permit it, then it is an arbitrary and capricious zoning regulation subject to
being removed as discriminatory and is arbitrary. The part about using
residential property as commercial property is both premature and inaccurate.
In closing, Woodlawn is simply entitled to this zoning as a legal proposition.
We are within the zoning ordinances. The cases that apply say that we must
get it. We tried to address a lot of irrelevant concerns as a matter of good
will. By the way, that advertisement that is being so heavily criticized
tonight was placed at the insistence of Mr. Korner, who stated that it is
impossible to notify 60,000 burial right owners, -"why don't you run an ad?"
Well, we did, and we took the opportunity ...
Mayor Suarez: We take no notice of that ad. I have never seen it. Have
either one of you Commissioners?
Mr. Dawkins: I saw it Sunday.
Mayor Suarez: Okay, at least one Commissioner did see it, so I stand
corrected on it.
Mr. Allen: I understand. We are not obligated to do it. We did it to
actually give people notice, and also to rebut the very serious public
relations damage that this concerted opposition has caused. They are
spreading a lot of untruths about how we are going to operate this thing.
They are using innuendos, vagueness and falsehoods to create fear in people
that we are going to ruin Woodlawn. Their image of Woodlawn, from an
aesthetic point of view is an irrelevant consideration right now. The point
is we are going to build something that is consistent with the area, that will
enhance the area. That is all that is within the cognizance of this
Commission. We gratefully appreciate your consideration, and we ask that you
approve our application.
Mayor Suarez: Thank you. I believe we are ready for a motion from one of the
Commissioners. Commissioner Dawkins, do you want to move the item either
Id
156
November 26, 1985
way? To be approved, it would require unanimous approval. To be denied, just
one of us. I suppose if there was no motion, what would happen?
Mr. Dawkins: It dies automatically.
Mrs. Dougherty: It is not approved.
Mrs. Kennedy: You don't want to make a motion?
Mayor Suarez: Commissioner Kennedy?
Mrs. Kennedy: No, no, I thought that Commissioner Dawkins wanted to.
Mayor Suarez: Can I pass the gavel on to someone who is not the Vice -Mayor?
I guess I will give it to the future Vice -Mayor and I will make the motion.
The motion will be to deny the application. My feeling is that I have heard
no compelling reasons today why the change of zoning should take place. The
area is essentially residential. Even your own parcel is essentially
residential and frankly, I ran on a platform of not permitting any zoning
changes unless there was a very good reason for it and see no very good reason
for it tonight, so my motion will be to deny the application. So moved.
Mrs. Kennedy: Mr. Mayor, I am very appreciative of Woodlawn. My grandmother
is buried there. It is well managed. It is well maintained, and I truly
think one of the most beautiful facilities that we have; however, I do not
think that what they are proposing is beneficial to the City and I think I
feel very strongly that it will have a very negative impact on the area. I
therefore second the motion.
Mr. Dawkins: It has been properly moved and seconded that this request be
denied. Any further discussion?
The following motion was introduced by Mayor Suarez, who moved its
adoption:
MOTION NO. 85-1177
A MOTION DENYING PROPOSED FIRST READING ORDINANCE BY
WOODLAWN PARK CEMETERY SEEKING CHANGE OF 'ZONING FROM
RS-2/2 TO CR-2/4.
Upon being seconded by Commissioner Kennedy the motion was passed and
adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner Rosario Kennedy
Mayor Xavier L. Suarez
NOES: None.
ABSTAINED: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Suarez: We stand adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY COMMISSION, THE
FETING WAS ADJOURNED AT 7:28 P.M.
ATTEST:
Matty Hirai
CITY CLERK
Xavier L. Suarez
M A Y 0 R
Id
157 November 26, 1985
CI'Y OF IVIAMI
N
DOCUMENT
MEETING DATE
NOVEMBER 26, 1985
INDEX
DOCL"DIT IDENTIFICATION
ALLOCATE $2,000.00 IN SUPPORT OF THE SOUTH
FLORIDA BOY SCOUTS OF AMERICA, SOUTH FLORIDA
COUNCIL, TO COVER THE COST OF USING COCONUT
GROVE EXHIBITION CENTER ON DECEMBER 7,
1985.
APPOINT: MAYOR XAVIER L. SUAREZ AS THE
VOTING DELEGATE REPRESENTING THE CITY OF
MIAMI ON DADE COUNTY LEAGUE OF CITIES BOARD
OF DIRECTORS.
ELECT/APPOINT: COMMISSIONER MILLER J.
DAWKINS AS VICE MAYOR OF THE CITY OF MIAMI,
FLORIDA, TO SERVE ONE YEAR TERM, COMMENCING
AT 12:00 NOON, DECEMBER 13, 1985.
CLAIM SETTLEMENT: BENITO DENIS $5,000.00.
CLAIM SETTLEMENT: JACQUELINE GUIGNARD , $5,000.
CLAIM SETTLEMENT: MICHAEL MALONEY, $12,500.
GRANT/PERMIT REQUEST OF COCONUT GROVE MARKE-
TING TO SELL BEER ONE DAY PERIOD IN CONNECTION
WITH THE "TASTE OF THE GROVE" FOOD FESTIVAL
JANUARY 19, 1986, AT PEACOCK PARK.
ACCEPT BID OF HUNTER KNEPSHIELD CO. TO
FURNISH ONE PORTABLE/MOBIL STAGE TO THE
DEPARTMENT OF PARKS/RECREATION, $29,562.
ACCEPT BID OF CARPET COLLECTION, INC. TO
FURNISH CARPET AND RELATED MATERIALS CITY-
WIDE DEPARTMENT OF BUILDING AND VEHICLE
MAINTENANCE ($45,000.00).
ACCEPT BID OF UNDERWATER UNLIMITED TO FURNISH
SCUBA GEAR EQUIPMENT TO DEPARTMENT OF FIRE
RESCUE AND INSPECTION SERVICES ($6,217.).
ACCEPT BID OF PRECISION SECURITY ALARM
SYSTEM AT MIAMI BASEBALL STADIUM TO THE
OFFICE STADIUM ($5,388.).
ON RETRIEV
A';D CODE NO
85-1108
85-1109
[-==9vul
85-1113
85-1114
85-1115
85-1116
85-1117
85-1118
85-1119
85-1120
I
0
OCUMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
ACCEPT BID OF A.C. ROOFING CONSTRUCTION
FOR RE -ROOFING MUNICIPAL JUSTICE BUILDING
(HUMAN RESOURCES) TO THE DEPARTMENT OF
BUILDING/VEHICLE MAINTENANCE ($18,500.)
ACCEPT BID OF RIC-MAN INTERNATIONAL, INC.
($769.873.00) FOR CITYWIDE SANITARY SL:•:ER
REPLACEMENT PROJECT-EDGEWATER.
DIRECT CITY CLERK TO PUBLISH NOTICE OF
PUBLIC HEARING FOR OBJECTIONS TO THE ACCEPT-
ANCE OF THE CONSTRUCTION BY FRE CONSTRUCTION
CO., INC, OF ALLAPATTAH INDUSTRIAL AREA
HIGHWAY INPROVEMENT PHASE I, ETC....
APPROVE A PERMIT TO DISPENSE BEER/WINE
AT NO CHARGE (ONE DAY PERIOD) IN CONNECTION
WITH A WEDDING/RECEPTION (APRIL 5, 1986)
IN WAINWRIGHT PARK.
AUTHORIZE THE EXCUTION/DELIVERY OF CERTAIN
STORM SEWER IMPROVEMENT BONDS, (MARCH 1,
1975) ($60,000.) TO REPLACE LOST BONDS.
ALLOCATE $100,000. TO MAKE NEEDED IMPROVE-
MENTS AT THE MARINE STADIUM.
ACCEPT BID OF WILLARD SHUTTERS CO. TO FURNISH/
INSTALL STORM SHUTTERS AT FOUR FIRE STATIONS,
DEPARTMENT OF BUILDING AND MAINTENANCE
($27,124.00).
ACCEPT BID OF ORMONT GRAPHICS TO FURNISH
3000 PRINTED COPIES OF THE MIAMI COMPREHEN-
SIVE NEIGHBORHOOD MAP DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE ($5,360.), ETC...
EXTEND THE MIAMI CITY COMMISSION'S CONGRATU-
LATIONS TO THE UNIVERSITY OF MIAMI FOR
IT'S SUCCESSFUL FOOTBALL SEASON WHICH CUL-
MINATED IN AN INVITATION TO PLAY IN THE
SUGAR BOWL ON JANUARY 1, 1986.
CLOSE/VACATE/ABANDON AND DISCONTINUE PUBLIC
USE OF 1ST AVENUE BETWEEN NORTH RIGHT-
OF-WAY LINE OF NORTHWEST 76TH STREET AND
SOUTH RIGHT-OF-WAY LINE OF NORTH 77TH STREET
STREET -TENTATIVE PLAT #1252 "PELAEZ-ZOGBY
SUBDIVISION".
phuflywi
85-1121
85-1122
85-1123
85-1124
85-1127
85-1128
95-1129
85-1130
85-1132
85-1135
I
n
DOCUMENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
AMEND (TERREMARK CENTER) EXHIBIT "A" OF
FINDINGS OF FACTS NUMBER 1 OF DEVELOPMENT
ORDER (R-85-72) AND MAJOR USE, SPECIAL
PERMIT (R-85-73) A.D.R.I. AT APPROXIMATELY
2560-2580 TIGERTAIL AVENUE;3204-3240 AVIA—
TION AVENUE; AND 2583-2585 SO BAYSHORE
DR.
REVERSE DECISION OF ZONING BOARD AND DENY
THE EXCEPTION IN ORDINANCE 9500 AS AMENDED
ZONING ORDINANCE SCHEDULE OF DISTRICT
REGULATIONS TO PERMIT OCCUPANCY OF ONE
PRIVATE PLEASURE CRAFT AS LIVING QUARTERS
IN CONNECTION WITH A VACANT LOT LOCATED
AT 990 N.E. 78TH STREET; ETC...
ELECT AND REAPPOINT LUCIA A.' DOUGHERTY
AS CITY ATTORNEY OF THE CITY FOF MIAMI,
FLORIDA, TO HOLD OFFICE AS PROVIDED FOR
IN CITY CHARTER.
ELECT AND REAPPOINT MATTY HIRAI AS CITY
CLERK OF THE CITY OF MIAMI, FLORIDA, TO
HOLD OFFICE AS PROVIDED FOR IN THE CITY
CHARTER
AFFIRM DECISION OF ZONING BOARD AND DENY
APPEAL OF CLASS D SPECIAL PERMIT AS LISTED
IN ORDINANCE 9500 TO PERMIT DEFERRAL FOR
5 YEARS OF 57 REQUIRED OFF-STREET PARKING
SPACES -IN CONNECTION WITH THE OPERATION
OF MIAMI DADE COMMUNITY COLLEGE BILINGUAL
CENTER.
APPROVE ADDENDUM TO CITY OF MIAMI/DADE
COUNTY SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT.
CLOSE/VACATE/ABANDON AND DISCONTINUE THE
USE OF A PORTION OF THE PUBLIC UTILITY
EASEMENT AS INDICATED IN RECORDED PLAT
ENTITLED "GROVE MOUNTAIN".
ACCEPT PLAT ENTITLED GROVE MOUNTAIN REPLAT
DIRECT CITY CLERK TO TRANSMIT THE "MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN 1976-
1986" PROGRAM TO THE DEPARTMENT OF COMMUNI-
TY AFFAIRS IN SATISFACTION OF LEGISLATIVE
REQUIREMENT.
85-1136
85-1137
85-1140
85-1141
85-1142
85-1143
85-1144
85-1145
85-1146
lDOCUN�ENTI
NDEX
CONTINUED
DOCUMENT IDENTIFICATION
RESCHEDULE THE REGULAR CITY COMMISSION
MEETING OF DECEMBER 12, 1985 TO TAKE PLACE
ON DECEMBER 19, 1985 AT 9:00 A.M. AND THE
REGULAR CITY COMMISSION MEETING OF DECEMBER
26, 1985 TO TAKE PLACE ON DECEMBER 19,
1985 AT 2:00 P.M.
APPROVE ACCEPTANCE OF RESTRICTED GIFT TO
THE CITY OF A PYRAMID DESK AND MATCHING
CREDENZA FROM BWF ENTERPRISES INC.
EXPRESS SOLIDARITY WITH CITIZENTS OF COLOM—
BIA IN THEIR MISFORTUNE CAUSED BY DESVASTING
MUDSLIDES; INSTRUCT CITY MANAGER TO IDENTIFY
TYPE OF ASSISTANCE TO BE SENT.
AUTHORIZE TO AMEND THE CONTRACT DATED AUGUST
23, 1985 WITH MIAMI DADE TRADE AND TOURISM
COMMISSION, INC. (MDTTC), TO INCREASE ORIGI—
NAL AMOUNT AND TO EXTEND THE EXPIRATION.
ACCEPT CARLTON W. COLE'S APPRAISAL FOR
ESTABLISHING FAIR MARKET VALUE OF LAND/AIR
RIGHTS OF PROPERTY ADJACENT TO BAYFRONT
PARK AND PORT OF MIAMI ($9,000., PLUS EXPERT
WITNESS FEES).
AUTHORIZE TO ESTABLISH AN "ARBOR DAY" PROGRAM
FOR PLANTING CITY —OWNED TREES AND SAPLINGS
IN AREA NEIGHBORHOODS BY PRIVATE RESIDENTS,
ETC.....
AUTHORIZE TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH FLORIDA MEMORIAL COLLEGE
TO PROVIDE TRAINING FOR THE CITY OF MIAMI
POLICE DEPARTMENT.
AUTHORIZE TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH THE URBAN STUDIES INSTITUTE,
INC. AT BARRY UNIVERSITY TO REVIEW CURRENT
POLICE TRAINING.
AUTHORIZE TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH VALLE—AXELBERD AND ASSOCIATES,
INC. TO IDENTIFY/ANALIZE THE PSYCHOLOGICAL
STRESS FACTORS PRODUCED BY SME 33 SIMULATOR
POLICE TRAINING.
85-1147
85-1148
85-1149
85-1151
85-1153
85-1154
85-1155
85-1156
85-1157
f
DOCUFAENTINDEX
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZE TO SOLICIT BIDS FOR DEMOLITION
OF STRUCTURES WITHIN PHASE I OF SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT PROJECT
AREA AND TO ENTER INTO AN AGREEMENT WITH
THE LOWEST BIDDER TO SAID DEMOLITION -
($325,000.00).
AUTHORIZE TO CONTINUE A SEAT MODERNIZATION
PROGRAM ($568,000.) INSTALLING AN ADDITIONAL
SEATS AT THE ORANGE BOWL STADIUM PRIOR
TO THE END OF THE 1985 FOOTBALL SEASON;
ETC....
AUTHORIZE TO PURCHASE FOUR PARCELS OF LAND
WITHIN THE SOUTHEAST OVERTOWN/PARK WEST
REDEVELOPMENT AREA.
CONFIRM/ORDER RESOLUTION NO. 85-1046 TO
ADVERTISE FOR SEALED BIDS FOR THE CONSTRUCT-
ION OF CITY WIDE HIGHWAY IMPROVEMENT -PHASE
II DISTRICT H-4515.
CONFIRM/ORDER THE RESOLUTION NO. 85-1047
TO ADVERTISE FOR SEALED BIDS THE CONSTRUCT-
ION OF CITY WIDE SANITARY SEWER EXTENSIONS
IMPROVEMENT -N.W. 47 AVENUE IN DISTRICT
SR-5521-C (CENTERLINE SEWER).
CONCERN CARNAVAL MIAMI (MARCH 1-2,1986)
TO CLOSE STREETS TO THROUGH VEHICULAR TRAFFIC.
FURTHER RELAX LIMITATIONS ON DISPLAY OF
FIREWORKS TO ALLOW PYROTECHNIC DISPLAYS
IN THE ORANGE BOWL STADIUM, ETC....
AUTHORIZE KIWANIS CLUB OF MIAMI TO HOLD
A FIVE DAY CARNIVAL IN THE ORANGE BOWL
NORTH PARKING AREAS (JANUARY 16, 1986
TO JANUARY 20, 1986).
GRANT/REQUEST OF THE COCONUT GROVE JAYCEES
TO PERMIT SELL BEER/WINE IN CONNECTION
WITH THE 1986 COCONUT GROVE ART FESTIVAL.
FURTHER CLOSE CERTAIN STREET TO THROUGH
VEHICULAR TRAFFIC; ETC....
85-1158
85-1160
85-1162
85-1164
85-1165
85-1167
85-1169
85-1170
olCUN�ENT•INDEX
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZE PERMIT TO SELL BEER/WINE FOR THE
SUNSETSTREET FESTIVAL/PARADE (DECEMBER 7,
1985). FURTHER AUTHORIZE THE CLOSURE OF
CERTAIN STREETS TO THROUGH VEHICULAR TRAFFIC
DURING THE EVENT.
INSTRUCT TO FILE INJUNCTIVE AND OTHER JUDICIAL
RELIEF IN THE CIRCUIT COURT FOR ENFORCEMENT
OF ZONING/CODES RELATING TO THE USE OF PRO-
PERTY OWNED BY NORTHWERTERN MEATS, INC.,
(2147 N.W. 23RD STREET.)
APPOINT: CESAR ODIO AS CITY MANAGER AND
SETTING FORTH THE SALARY OF SAID OFFICE
WITH BENEFITS AND EMULENTS TO BE THE SAME
AS WERE AFFORDED THE FORMER CITY MANAGER
OF THE CITY OF MIAMI, FLORIDA.
RATIFY/APPROVE/CONFIRM DONATION OF PERSONNEL
GEAR/CLOTHING FROM CITY FIREFIGHTERS TO
CITY OF BOGOTA, COLOMBIA IN THEIR EFFORT
TO RECOVER FROM THE RECENT NATURAL DISASTER
WHICH STRUCK THE COUNTRY; ETC...
N
85-1171
85-1174
85-1175
85-1176