HomeMy WebLinkAboutCC 1985-06-20 Minutes0
6
CITY OF. MIAMI
COMMISSION
MINUTES
OF MEETING HELD ON, JUNE 20, 1985
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
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INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
JUNE 209 1985
ITEM
SUBJECT
LEGISLATION
PAGE
NO.
NO.
1
DISCUSSION OF PUERTO RICAN FESTI-
DISCUSSION
1-2
VAL - TEMPORARILY DEFERRED.
6/20/85
2
APPROVE IN PRINCIPLE ESTABLISHMENT
M 85-649
2-3
OF BOOK TRADING CENTER IN MIAMI.
6/20/85
3
AUTHORIZE MANAGER TO ALLOCATE SUFFI-
M 85-650
3-4
CIENT FUNDS FOR ONE DAYS RENTAL OF
6/20/85
COCONUT GROVE EXHIBITION CENTER
CELEBRATION OF PUERTO RICAN DAY.
4
URGE CONSIDERATION OF HOSPITAL ZONE
M 85-651
4-5
NEAR BASCOM PALMER EYE CLINIC.
6/20/85
5
REQUEST MANAGER TO EXPEDITE DADE
DISCUSSION
5
COUNTY CONSIDERATION OF TRAFFIC FLOW
6/20/85
ON N.W. 7 AVENUE FROM FLAGLER TO
RIVER DRIVE.
6
PRESENTATIONS, PLAQUES, SPECIAL
PRESENTED
5-6
ITEMS.
6/20/85
7
GRANT $5,200 CONTRIBUTION TO PRO
See
6-7
ARTE GRATELI (Note: This was later
M 85-679
superseded by M 85-679).
6/20/85
8
AUTHORIZE MANAGER TO EXECUTE AGREE-
R 85-653
7-8
MENT - CAMACOL $96,000 PERMANENT
6/20/85
FUNDING OF HEMISPHERIC CONGRESS OF
LATIN CHAMBER OF COMMERCE.
9
AUTHORIZE MANAGER TO EXECUTE AGREE-
R 85-654
8-9
MENT - CAMACOL - $34,000 SIXTH
6/20/85
HEMISPHERIC CONGRESS OF LATIN CHAM-
BERS OF COMMERCE.
10
AUTHORIZE AGREEMENT: CONCESSION TO
R 85-655
9-10
TONY TAYLOR BASEBALL ACADEMY JOSE
6/20/85
MARTI PARK - FERN ISLE PARKS, ETC.
11
AUTHORIZE PURCHASE OF TICKETS -
R 85-656
10-11
CASTLE PARK, SIX FLAGS ATLANTIS 1985
6/20/85
PARKS AND RECREATION PROGRAM.
12
AUTHORIZE RENEGOTIATED AGREEMENT:
R 85-657
11-12
ALBERT R. PEREZ ASSOCIATES DESIGN
6/20/85
AND CONSTRUCTION OF BLUE LAGOON PARK
DEVELOPMENT PROJECT.
13
FORMALIZATION: ALLOCATE $69000 IN
R 85-658
12
SUPPORT OF MIAMI SENIOR HIGH SCHOOL
6/20/85
MARCHING AND CONCERT BANDS TO ATTEND
MEXICAN INVITATIONAL MUSIC FESTIVAL
IN MEXICO CITY, MAY 23-26, 1985.
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14 ALLOCATE $39145.83 10TH YEAR COMMU- R 85-659
NITY DEVELOPMENT BLOCK GRANT FUNDS - 6/20/89
MLKEDCO.
15 EXECUTE AGREEMENT - GREATER MIAMI R 85-660
UNITED (GMU) - SPECIALIZED ADMINIS- 6/20/85
TRATIVE AND TECHNICAL ASSISTANCE -
CBO'S.
16 AUTHORIZE AGREEMENT: 10 NEIGHBORHOOD R 85-661
ECONOMIC DEVELOPMENT ORGANIZATIONS. 6/20/85
17
ISSUE R.F.P.'S - LEASE OF FORMER
R 85-662
FIRE STATION No. 9 FOR PURPOSE OF
6/20/85
CIVIC OR SOCIAL SERVICE PROGRAMS.
18
CLAIM SETTLEMENT: ZEOLA DORSEY
R 85-663
6/20/85
19
AUTHORIZE PURCHASE OF PARCELS OF
R 85-664
LAND: SOUTHEAST OVERTOWN/PARK WEST
6/20/85
REDEVELOPMENT AREA.
20
ALLOCATE $15,000 USE FEE FOR MARINE
R 85-665
STADIUM JULY 4, 13, 209 1985, SUMMER
6/20/85
POPS CONCERT SERIES.
20.1
CONTINUED DISCUSSION OF DEFERRAL OF
DISCUSSION
AGENDA ITEM 22 - NEIGHBORHOOD ECO-
6/20/85
NOMIC DEVELOPMENT ORGANIZATIONS.
21
ACCEPT RECOMMENDATIONS OF CITY
R 85-666
MANAGER & COMPETITIVE SELECTION
6/20/85
COMMITTEE CONCERNING CONSULTANT
SELECTION FOR DRI APPLICATION FOR
DOWNTOWN MIAMI.
22
ALLOCATE $16,000 IN SUPPORT OF 1985
R 85-667
INTERNATIONAL FESTIVAL.
6/20/85
23
PERMIT FIREWORKS DISPLAY - JULY 14,
R 85-668
1985 PEACOCK PARK, IN OBSERVANCE OF
6/20/85
BASTILLE DAY.
24
GRANT AUTHORITY TO CITY MANAGER TO
M 85-669
PUT OUT R.F.P.'S FOR CREATIVE FI-
6/20/85
NANCING CONCERNING PAYMENT OF UN-
FUNDED LIABILITY PURSUANT TO SETTLE-
MENT PROVISIONS OF "GATES" CASE.
25
GRANT AUTHORITY TO CITY MANAGER TO
M 85-670
PURSUE REFINANCING OF WORLD TRADE
6/20/85
CENTER PARKING GARAGE BONDS.
26
AUTHORIZE PROCESSING OF LOAN TO
M 85-671
GARCES COMMERCIAL COLLEGE. (See
6/20/85
later Resolution 85-677.)
27
APPLY HC-4 COMMERCIAL AREA HERITAGE
10013
CONSERVATION OVERLAY DISTRICT TO
6/20/85
DUPUIS MEDICAL OFFICE AND DRUGSTORE.
28
PUBLIC HEARING: REQUEST FOR CHANGE
M 85-672
OF ZONING CLASSIFICATION 5959 N.W.
6/20/85
7TH STREET (PAN AMERICAN HOSPITAL
CORPORATION) FROM RS-2/2 TO RD-3/5.
DEFERRED TO JULY 259 1985.
29
PUBLIC HEARING: REQUEST FOR CHANGE
DEFERRED TO
OF ZONING CLASSIFICATION 2701-03 DAY
AFTERNOON
AVENUE AND 3191 CENTER STREET FROM
6/20/85
RD-2/5 TO SPI-3.
13
13-14
14-15
am
16-17
17-18
19-20
20-21
21-22
22-23
24-25
25-26
26-27
27-28
38-49
30
AUTHORIZE CITY MANAGER TO AMEND
R 85-673
49-51
AGREEMENT MLKEDCO FOR PURCHASE OF
6/20/85
LINCOLN SQUARE OFFICE COMPLEX.
31
CHANGE ZONING CLASSIFICATION 2701-03
FIRST
52-68
DAY AVENUE & 3191 CENTER STREET FROM
READING
RG-2/5 AND SPI-3 TO RO-2.1/6 ELIMI-
6/20/85
NATING SPI-3.
32
STREET CLOSURE: PORTION OF N.W. 5
R 85-674
68-70
AND 6 AVENUE, N.W. 5 COURT, N.W. 11
6/20/85
TERRACE AND N.W. 12 AND 13 STREETS.
(Dade County School Board)
33
LIBERTY CITY SUBSTATION CONSTRUCTION
DISCUSSION
70-72
SCHEDULE AND DISCUSSION OF MINI
6/20/85
STATIONS ELSEWHERE.
34
APPROVE CONSULTING FIRMS FOR PLAN-
R 85-675
72-77
NING AND DESIGN OF POLICE SUBSTATION
6/20/85
FOR NORTH DISTRICT - LIBERTY CITY.
35
APPROVE CONSULTING FIRMS FOR DESIGN
R 85-676
77-78
OF POLICE SUBSTATION FOR THE SOUTH
6/20/85
'
DISTRICT (LITTLE HAVANA).
36
LOAN GARCES COMMERCIAL COLLEGE
R 85-677
78-79
$3009000 TO BE PROCESSED THROUGH
6/20/85
MIAMI CAPITAL DEVELOPMENT.
36A
FURTHER DISCUSSION - POLICE SUBSTA-
DISCUSSION
79-80
TIONS.
6/20/85
37
FINDING OF NO SUBSTANTIAL DEVIATION:
R 85-678
80-84
WORLD TRADE CENTER, 100 S.E. 2
6/20/85
STREET AND 201-299 S.E. 1ST AVENUE.
38
AMEND PREVIOUS ALLOCATION TO NOW
R 85-679
84-85
TOTAL $10,000 TO PRO ARTE GRATELI
6/20/85
FOR PERFORMANCE ASSISTANCE "LA CORTE
DE FARAON".
39
CHANGE ZONING CLASSIFICATION 1201
FIRST
85-87
N.E. 79 STREET FROM RG-2/5 TO RO-
READING
2/5.
6/20/85
40
APPEAL BY AGGRIEVED PERSON: 1402 S.
M 85-680
87-104
:.4
BAYSHORE DRIVE, CLASS "C" SPECIAL
6/20/85
PERMIT, ETC.
41
PLAT ACCEPTANCE: HUD BON AIRE.
R 85-681
104
6/20/85
42
PLAT ACCEPTANCE: HARDIE GROVE.
R 85-682
104-105
6/20/85
j
43
PLAT ACCEPTANCE: NIN SANCHEZ-
R 85-683
105-106
MEDINA.
6/20/85
'
44
SELECT SITES 8 AND 10 FOR SOUTH
M 85-684
106-107
DISTRICT STATION.
6/20/85
w �'A
45
APPROVE FUNDING FOR WOMEN'S HISTORY
R 85-685
107-108
s
WEEK.
6/20/85
46
ALLOCATE CONTRIBUTION OF $2,000 AND
R 85-686
108-109
$20800 IN KIND SERVICES IN SUPPORT
6/20/85
k
OF HAITIAN-AMERICAN FESTIVAL JULY 4,
1985.
u
47
APPROVE CUSTODIAN BANK AGREEMENT—
R 85-687
109-110
BOARD OF TRUSTEES MIAMI CITY EMPLOY—
6/20/85
EES RETIREMENT SYSTEM & ONE DESIG—
NATED BANKING FIRM.
48
AUTHORIZE EXECUTION OF INTERLOCAL
R 85-688
110-112
AGREEMENT — DADE COUNTY DISTRIBUTION
6/20/85
OF PROCEEDS FOR PROPOSED 5 & 6C
LOCAL OPTION GAS TAX.
49
CONSTRUCTION SCHEDULE ON 17TH AVENUE
DISCUSSION
112
4—LANING.
6/20/85
50
INSTRUCT PLANNING DEPARTMENT TO PUT
M 85-689
112-113
AMENDMENTS TO BILLBOARD ORDINANCE
6/20/85
BEFORE PAB AT NEXT MEETING.
51
INSTRUCT CITY MANAGER TO BRING 1979
M 85-690
113-115
STUDY OF DRUG REHAB CLINICS LOCATED
6/20/85
WITHIN THE CITY UP TO DATE.
52
ESTABLISH COMMITTEE TO CONSIDER
M 85-691
115-117
MERGER OF OFF—STREET PARKING &
M 85-692
DOWNTOWN DEVELOPMENT AUTHORITY AND
6/20/85
APPOINT PERSONS THERETO.
53
INSTRUCT CITY ATTORNEY TO DRAFT
14 85-693
117-118
PROPOSED ORDINANCE IMPACT FEES WHEN
6/20/85
PROPERTIES ARE INCREASED IN VALUE BY
REASON OF A CHANGE OF ZONING CLASSI—
FICATION.
54
NOMINATE COM14ISSIONER DEMETRIO PEREZ
R 85-694
118-119
TO COUNCIL OF ARTS AND SCIENCES.
6/20/85
55
BRIEF DISCUSSION BY CITY MANAGER OF
DISCUSSION
119-120
BUDGET PREPARATION AND WASTE COLLEC—
6/20/85
TION FEES.
56
ESTABLISH DATES OF AUGUST 9, 10 AND
M 85-695
120-121
11, 1985 FOR GROUND —BREAKING AND
6/20/85
OFFICIAL CEREMONIES ATTENDANT TO THE
REDEVELOPMENT OF BAYFRONT PARK AND
CONSTRUCTION OF THE CLAUDE AND
MILDRED PEPPER FOUNTAIN.
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 20th day of June, 1985, the City Commission of Miami,
Florida, met at its regular meeting place in the City Hall, 3500
Pan American Drive, Miami, Florida in regular session.
The meeting was called to order at 9:06 A.M. O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Demetrio Perez, Jr.*
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
*arrived 9:08 A.M.
ALSO PRESENT:
Sergio Pereira, City Manager
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Maurice Ferre who then
led those present in a pledge of allegiance to the flag.
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1. DISCUSSION OF PUERTO RICAN FESTIVAL - TEMPORARILY DEFERRED.
Mayor Ferre: We are now on pocket items. There is a request by
the Puerto Rican Festival Committee. Alicia Baro is here.
Alicia, you are celebrating the 30th anniversary of Puerto Rico
Day. This event always took place in Bayfront Park. Since you
cannot use Bayfront anymore, we are hereby requesting Dinner Key
and a waiver of the rent. What is the will of this Commission?
Mr. Plummer: Has it been before the Administration? Do we have
—
a City Manager? Has he been replaced, or is he ...? Oh, we do
have a City Manager!
Mr. Pereira: Why do you always say that on Commission Day?
Mr. Plummer: Has the Puerto Rican Festival been before the
Administration?
Mr. Pereira: No, sir.
s"
Ms. Alicia Baro: Mr. Pereira has a copy of the same thing you
have.
Mr. Pereira: Just got it this morning.
_
Ms. Baro: As we all did.
Mr. Plummer: Well, I think the policy of this Commission -
Alicia, I love you dearly, but that is the policy and it has got
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to go. If it possibly can go this morning and come back this
afternoon, I have no problem, but ...
Ms. Baro: Okay, I happen to have been in Greece, Mr. Plummer,
because I was on vacation with the hi-jackers and ...
Mayor Ferre: Mr. Pereira.
Mr. Pereira: Yes, sir?
Mayor Ferre: Would you talk to Mrs. Baro right now for a moment?
Ms. Baro: On the record, or off the record?
Mayor Ferre: While they are doing the talking, I will ... oh, I
am sorry.
-----------------------------------------------------------------
2. APPROVE IN PRINCIPLE ESTABLISHMENT OF BOOK TRADING CENTER IN
MIAMI.
Mr. Dawkins Okay, I have one - you need to talk to Mr. Pereira.
Dr. Padron came to us last year for the book show, and he is back
this year, so if we going to do a special favor here, I think he
should talk to a Manager also.
Mayor Ferre: I think we need to do more than that. This matter
is not just a matter of books by the bay, but it is an important
move in a very important direction to bring to Miami a new clean
industry that would be a book trading center where book rights
would be traded. Now, these book right centers exist in Europe
and they are very successful and there are none in the United
States, so what happens is, the copy right laws of America are
like other parts of the world - very stringent, but there is a
-
way in which a great deal of that can be by-passed and things can
be moved quickly on the premise that it becomes a market place
like anything else, like the Chicago grain market, or what have
you. To do that, the project is estimated to cost $427,000 and
this includes both the planning and the operation expenses of the
street fair, which of course, has been highly successful and is
going to grow even more. Mr. Manager, I don't know what the rest
of this Commission feels, but ...
Mr. Plummer: I don't have anything on this item.
Mayor Ferre: Okay, well, here is what I would like to do.
Obviously it has to go to the Manager. What I would like to do,
however, is I think the idea is such a good idea that I would
3
like to offer a motion of support to the Miami Dade Community
College and Dr. Padrone for his initiatives and in principle say
that we are in agreement. Of course the Manager has to come back
with the specific recommendations, but this is a little bit
different than we usually pass these things, saying that we hope
that the City will be able to help. We can't assure it yet. It
.'`
is that all right with you? Do you have problems with that?
Mr. Dawkins: No, but I was just going to add to that. I am
b
going to suggest to the Manager that he work closely with this
y
book fair, because as the Manager says, they are trying to bring
clean industry and I have yet to hear anybody say anything about
putting any clean industry in Overtown, and this would be a very
-z
good project to be placed in Overtown, just like we got the
Insurance Company of America and what you have you - we could
'
have this building and get our UDAG grant, Industrial Revenue
Bond, or whatever and put the building up. I would like for you
`-
to work with him and come back and let me know what we can do ,
please.
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Mr. Pereira: Okay.
Mr. Plummer: Did you leave one in my office this morning?
Mr. Pereira: Okay, I want to second, but I would like to make
for the record to make clear that I participated in this event
last year and I have the best impression about this project. I
think that we have to be very proud of the result of last year's
event and without any doubt, I would like to offer to support
this concept subject to the City Manager's recommendation.
Mayor Ferre: Dawkins moves. Perez seconds. Further discussion?
Call the roll.
The following motion was introduced by Commissioner Dawkins,
who moved its adoption:
MOTION NO. 85-649
A MOTION PLEDGING SUPPORT IN PRINCIPLE TO MIAMI
DADE COMMUNITY COLLEGE CONCERNING THE
ESTABLISHMENT OF A BOOK TRADING CENTER IN THE
CITY OF MIAMI; FURTHER REQUESTING THE CITY
MANAGER TO RESEARCH THE FEASIBILITY OF SUCH
VENTURE AND TO REPORT BACK TO THE CITY
COMMISSION.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
-----------------------------------------------------------------
3. AUTHORIZE MANAGER TO ALLOCATE SUFFICIENT FUNDS FOR ONE DAYS
RENTAL OF COCONUT GROVE EXHIBITION CENTER CELEBRATION OF
PUERTO RICAN DAY.
-----------------------------------------------------------------
Mayor Ferre:
All right,
Mr. Manager, did you have an opportunity
to review the
request by
the Puerto
Rican Day Festival Committee?
Mr. Pereira:
Problem is, there is
a conflict on the date that
they have chosen on the
28th. The
facility is occupied. We are
checking now
to see if we can come up with a compromise date.
fMayor
Ferre:
Well, what
I would
like to do just so that Mrs.
Baro can go back
to her
...
S
Mr. Pereira:
The waiver
of the fee
- it is a waiver of the fee.
Mayor Ferre:
Just that
... ask for
a waiver of the fee and then
you work out
the day and
the proper
time. Is there a motion.
Mr. Pereira:
Fine.
Mr. Dawkins:
So moved.
Mayor Ferre:
Is there a
second?
Mr. Perez: Second.
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3
June 20, 1985
Mr. Plummer: For discussion - where is Mrs. Baro? Alicia, I
want to put it on the record for everyone, to my friends, foes
and enemies alike - you should be aware that the policy of this
Commission is that next year there will be zero dollars for
festivals. I just want that on the record so everybody can say
that they were warned.
Ms. Baro: May I just say something, Mr. Plummer? That this is
our Puerto Rico Day Celebration. It is not really the festival.
It is the day - the festival is four days, but this particular
day event is that big massive concentration of the community in
Bayfront. You have been there many times. You know.
Mayor Ferre: All I am saying is, unless this Commission changes
its mind next year, there will be zero dollars.
Mayor Ferre: Which is very rare!
Ms. Baro: Thank you, Gentlemen. Thank you very much. Thank
you, we love youl
Mayor Ferre: Okay, are we ready to vote?
The following motion was introduced by Commissioner Dawkins,
who moved its adoption:
MOTION NO. 85-650
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE SUFFICIENT FUNDS TO PAY FOR
THE RENTAL OF ONE DAY'S USE OF COCONUT GROVE
EXHIBITION CENTER IN CONNECTION WITH THE "PUERTO
RICAN DAY" CELEBRATION, PURSUANT TO REQUEST MADE
BY ALICIA BARO.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
-----------------------------------------------------------------
4. URGE CONSIDERATION OF HOSPITAL ZONE NEAR BASCOM PALMER EYE
CLINIC.
Mr. Plummer: Mr. Mayor, I have just one pocket item. A call was
received in my office from someone in the Bascom Palmer Eye Bank.
They are expressing a concern about the traffic on the Bob Hope
Boulevard, or whatever it is, 9th Avenue. The cars are speeding
by there because there are no stop signs or anything. I
explained to them it is not a City purview to do anything other
than to ask Metropolitan Dade County to look and they wondered
if it was possible to urge Dade County to install a hospital zone
and I would move at this time that the City urge Metropolitan
Dade County to consider creating a hospital zone type of traffic
in and around the Bascom Palmer Eye Bank and I so move.
Mr. Dawkins: Second.
Mayor Ferre:
Id
Further discussion? Call the roll.
4
June 20, 1985
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-651
A MOTION URGING THE TRAFFIC AND TRANSPORTATION
DEPARTMENT OF METROPOLITAN DADE COUNTY TO
CONSIDER THE ESTABLISHMENT OF A HOSPITAL ZONE IN
THE IMMEDIATE VICINITY OF THE BASCOM PALMER EYE
CENTER.
Upon being seconded by Commissioner Dawkins, the motion was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
-----------------------------------------------------------------
5. REQUEST MANAGER TO EXPEDITE DADE COUNTY CONSIDERATION OF
TRAFFIC FLOW ON N.W. 7 AVENUE FROM FLAGLER TO RIVER DRIVE.
-----------------------------------------------------------------
Mayor Ferre: And while we are at it, Mr. Manager, I know we only
passed this next week, but I would like in the next two or three
weeks, or the fourth, from the Administration on the traffic
—
problems affecting Victoria Hospital, and as you may recall, we
passed a resolution asking the Dade County Traffic Department to
look at making, I think it is loth Street - is it loth Street,
Plummer?
Mr. Plummer: No, it is 7th Avenue, Mr. Mayor.
Mayor Ferre: Two ways.
Mr. Plummer: They request that 7th Avenue be made two way from
Flagler Street to River Drive.
Mayor Ferre: They keep calling about that. Maybe we can get
some kind of an answer. Chaz, did you get that?
-----------------------------------------------------------------
6. PRESENTATIONS, PLAQUES, SPECIAL ITEMS.
-----------------------------------------------------------------
Commendations Presented: (For the Record only - Undercover Agents
not present). The members of Street Narcotics Unit/SNU have
been selected Outstanding Off ice rs o the Month for AApril,
5
1985: Lt. Edward Carberry, Sgts. Michael Ahearn, Clay Camil,
John Dalton and Thomas Watterson; Officers Wilfredo Abascal,
4.
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Robert Anderson, Oscar Baez, Jose Behar, Eric Butler, Raymond
,.d
Cheney, Anthony Davis, Arthur Dragon, Luis Fernandez, Robert
Fielder, Yves Fortune, Juan Garcia, Arthur Hall, Shirley
J-'
Via;
Harvard, Maria Iglesias, J. C. Mendez, Eladio Padron, Richard
m
Santiesteban, Bernard Schildback and Roberto Suarez.
t
Proclamation Presented: City Fire Fighters Olympic Team Day.
Presented to Chief McCullough. -
�is
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Commendations Presented: To Captain- Dale Teems, Chairman,
~-Olympic Committee and Captain_Joe-Luchte.
Commendation Presented: To Melton_ Bowen, for Iiis accomplishments
as a Miami Police Overtown_Athletic Program participant.
Proclamation Presented: VocationalTraining Center Day -
Presented to Luis Hernandez,-R.N.B.S., Director; Esther
Hernandez, Administrator; Teresa Fraiter, Secretary; and a
group of students - through the efforts of Dr. Lopez.
Commendation Presented: Fraternidad Nu Sigma- Beta,- Zona -Miami.
Presented to Antonio Amadeo, Director.
Key Presented: To Edward Villella, one of the most celebrated
American ballet performers, former principal dancer with the
New York City Ballet, and one of the favorite dancers of
George Ballanchine. In Miami through the efforts of Dance
Umbrella, David Eden, Executive Producer, and Toby Lerner
Ansin, benefactress.
NOTE FOR THE RECORD: AGENDA ITEM 3 WAS DEFERRED TO AFTERNOON.
-----------------------------------------------------------------
7. GRANT $5,200 CONTRIBUTION TO PRO ARTE GRATELI (Note: this was
later superseded by Motion 85-679).
Mayor Ferre:: Take up Item 13.
Mr. Perez: Mr. Mayor, I think that we had the opportunity to
listen to the proposal that they had at the last Commission
meeting and we have enough information here. Mr. Manager, do you
have recommendation about Grateli proposal?
Mr. Pereira: Yes, I thought I was going to make a presentation.
Mr. Perez: Are you in favor of the recommendations?
Mr. Pereira: I am recommending it. Do you want me to start
before they do? We are recommending $5,200 for this item.
Basically, the use of Dade County Auditorium seems to me should
be absorber of Metropolitan Dade County and they have control
over that and they can take on the responsibility of waiving the
fee, which is substantial, I believe it is about $14, 000, so we
are recommending a contribution for the production of $5,200, not
the $20,000.
Mr. Plummer: How much are the tickets?
Mr. Pereira: That covers - the tickets are $10 a piece.
UNIDENTIFIED: We have $10, $3 and $7.
Mr. Plummer: And how many tickets are you giving to the
underprivileged children of this County?
UNIDENTIFIED: 500.
Mr. Plummer: 500?
UNIDENTIFIED: Plus other organizations that we always support,
like ........
ld
M.
June 20, 1985
Mr. Plummer: I'm sorry, I did not hear you.
UNIDENTIFIED: Plus other organizations that we also give them
special price tickets for the ...
Mr. Plummer: Well, but you are giving the City 500 to
distribute.
UNIDENTIFIED: The City 500, yes, sir.
Mr. Perez: Who will distribute the tickets, the City, or your
group?
Mr. Pereira: The City.
Mr. Perez: All the 500 tickets?
UNIDENTIFIED: yes.
Mr. Perez: If you are ready, Mr. Mayor, I am ready to move this
motion?
Mayor Ferre: Well, whatever - do you want to add anything to
this? All right, then we are ready for a motion, go ahead.
Mr. Perez: I would like to move the Manager's recommendation.
Mr. Plummer: Second.
Mayor Ferre: Commissioner Perez moves. Plummer seconds. is
there further discussion? Call the roll, please.
NOTE FOR THE RECORD: M-85-652 allocated $5,200 to Pro -Ante
Gratel in support of Zarzuela Espanola "La Corte del Faraon"
This action was later rescinded this same meeting by M-85-679,
which increased the City's contribution.
8. ENTER INTO AGREEMENT - CAMACOL $96,000 PERMANENT FUNDING OF
HEMISPHERIC CONGRESS OF LATIN CHAMBER OF COMMERCE.
-----------------------------------------------------------------
Mayor Ferre: Take up Item 27. Go ahead.
Mr. Pereira: We are recommending Item 27 and Item 28.
Mr. Plummer: Move 27.
Mr. Perez: Second.
Mayor Ferre: Is there further discussion? Call the roll.
ld
h
June 20, 1985
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-653
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$96,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE PROGRAM OF THE
LATIN CHAMBER OF COMMERCE OF THE UNITED STATES
(CAMACOL) FOR FUNDING OF THE PERMANENT
SECRETARIAT OF THE HEMISPHERIC CONGRESS OF LATIN
CHAMBERS OF COMMERCE AND INDUSTRY; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE
POLICY NO. APM-2-84, DATED JANUARY 24, 1984;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT► IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID ORGANIZATION.
(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 J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: Although Commissioner Plummer originally
moved this item, he later asked of the City Clerk that he be
shown as seconding this the motion. (See comments at Agenda Item
28, Label 9.)
-----------------------------------------------------------------
9. ENTER INTO AGREEMENT - $34,000 CAMACOL SIXTH HEMISPHERIC
CONGRESS OF LATIN CHAMBERS OF COMMERCE.
-----------------------------------------------------------------
Mr. Plummer: I move Agenda Item 28.
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
Mr. Plummer: For the record, would you show that I seconded both
the motion of 27 and 28?
Mr. Ongie: Yes, sir.
Mr. Plummer: I am sorry.
Mr. Dawkins: For the record, would you show I reluctantly voted
for both of them?
Mr. Ongie: All right, call the roll.
ld 8 June 20, 1985
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-654
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$34,000 FROM THE SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE PROGRAM OF THE
LATIN CHAMBER OF COMMERCE OF THE UNITED STATES
(CAMACOL) FOR PREPARATION, COORDINATION AND
SUPERVISION OF THE SIXTH HEMISPHERIC CONGRESS OF
LATIN CHAMBERS OF COMMERCE AND INDUSTRY TO BE
HELD SEPTEMBER, 1985 IN MIAMI, FLORIDA; SAID
ALLOCATION BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE
POLICY NO. APM-1-84, DATED JANUARY 24, 1984;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH SAID ORGANIZATION.
(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 J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Mr. Plummer: If he says one word, I will change my vote!
NOTE FOR THE RECORD: AGENDA ITEM 33 AND 34 WERE WITHDRAWN BY THE
ADMINISTRATION.
-----------------------------------------------------------------
10. AUTHORIZE AGREEMENT: CONCESSION TO TONY TAYLOR BASEBALL
ACADEMY JOSE MARTI PARK - FERN ISLE PARKS ETC.
Mayor Ferre: Take up Agenda Item 29. This is a resolution
authorizing the execution of the concession agreement to Tony
Taylor Baseball Academy for the three day period of June 28th to
30th at Jose Marti and Fern Isle Parks during the schedules hours
of the Puerto Rico/Miami Youth Baseball Tournament. Mr. Manager,
any comments on Item 29?
Mr. Pereira: No, sir, we have no problem in recommending the
granting the authorization to sell food and beverages for those
three days.
Mayor Ferre: The dates are wrong here. Is it the 25th? 25 to
30. Is there a motion?
Mr. Dawkins: Moved.
Mr. Perez: I would like to move it.
Mayor Ferre: All right, it has been moved and seconded. Further
discussion? Call the roll on 29.
ld
9
June 20, 1985
rk.
t'
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-655
A RESOLUTION AUTHORIZING CONCESSION PRIVILEGES TO
THE TONY TAYLOR BASEBALL ACADEMY FOR THE THREE
(3) DAY PERIOD OF JUNE 28 - 30, 1985, AT JOSE
MARTI AND FERN ISLE PARKS, DURING THE SCHEDULED
HOURS OF THE PUERTO RICO/MIAMI YOUTH BASEBALL
TOURNAMENT, IN AN EFFORT TO RAISE FUNDS TOWARD
THE COST OF TRANSPORTING THE MIAMI TEAM TO A
TOURNAMENT IN PUERTO RICO AND FURTHER AUTHORIZING
THE CITY MANAGER TO EXECUTE A STANDARD CONCESSION
AGREEMENT ESSENTIALLY IN THE FORM HERETO
ATTACHED.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
11. AUTHORIZE PURCHASE OF TICKETS: CASTLE PARK, SIX FLAGS
ATLANTIS 1985 PARKS AND RECREATION PROGRAM.
Mr. Plummer: I move Agenda Item 30.
Mr. Perez: Second.
Mayor Ferre: It has been moved and seconded. Further
discussion? Call the roll on Item 30.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-656
A RESOLUTION AUTHORIZING THE PURCHASE OF 1,500
ADMISSIONS TO CASTLE PARK AT A COST OF $6,750 AND
1,050 ADMISSIONS TO SIX FLAGS ATLANTIS AT A COST
OF $5,197.50, AS A PART OF THE 1985 MIAMI'S FOR
RECREATION PROGRAM FROM FUNDS ALLOCATED IN THE
1984-1985 RECREATION SUPPLEMENTAL BUDGET,
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR SAID ATTRACTIONS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote-
ld
10
June 20, 1985
[a
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
r
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Mayor Ferre: On Item 30, I wanted to ask - the Castle Park and
the Six Flags Atlantis, that is the one up in Fort Lauderdale,
right?
Mr. Pereira: Yes, sir.
Mr. Odio: Yes, the water park.
Mayor Ferre: Who is going to get these tickets?
Mr. Odio: The underprivileged. We have a breakdown.
Mr. Pereira: Summer kids in the parks, sir.
Mayor Ferre: Okay, you want to move 31?
Mr. Plummer: I will move 31.
Mr. Dawkins: Hold it. I would like to identify somebody to get
some of these.
Mayor Ferre: Okay.
Mr. Odio: Yes, sir. Will you give us the list?
12. AUTHORIZE RENEGOTIATED AGREEMENT: ALBERT R. PEREZ ASSOCIATES
DESIGN AND CONSTRUCTION OF BLUE LAGOON PARK DEVELOPMENT
PROJECT.
-----------------------------------------------------------------
Mayor Ferre: All right, we are on Item 31. Go ahead, Plummer.
Mr. Plummer: I will move it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion. Call the roll on 31.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-657
ld
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE RENEGOTIATED AGREEMENT IN
SUBSTANTIALLY THE FORM ATTACHED HERETO, BETWEEN
THE CITY OF MIAMI AND ALBERT R. PEREZ ASSOC.,
P.A. TO PROVIDE PROFESSIONAL SERVICES RELATED TO
THE DESIGN AND CONSTRUCTION OF THE BLUE LAGOON
PARK DEVELOPMENT PROJECT; USING PREVIOUSLY
ALLOCATED FUNDS TO COVER THE COST OF SUCH
SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
11
June 20, 1985
1
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
13. FORMALIZATION: ALLOCATE $6,000 SUPPORT OF MIAMI SENIOR HIGH
SCHOOL MARCHING AND CONCERT BANDS - MEXICO CITY - MEXICAN
INVITATIONAL MUSIC FESTIVAL MAY 23-26, 1985.
Mr. Plummer: I will move Agenda Item 26.
Mayor Ferre: Plummer moves 26.
Mr. Dawkins: Second.
Mayor Ferre: Is there further discussion? All right, call the
roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-658
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$6,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE MIAMI SENIOR
HIGH SCHOOL MARCHING AND CONCERT BANDS TO
PARTIALLY COVER THE COST OF SENDING ONE HUNDRED
AND THREE MEMBERS OF THE BANDS TO MEXICO CITY TO
PARTICIPATE IN THE MEXICAN INVITATIONAL MUSIC
FESTIVAL HELD MAY 23-26, 1985; SAID ALLOCATION
BEING CONDITIONED UPON SUBSTANTIAL COMPLIANCE
WITH ADMINISTRATIVE POLICY NO. APM-1-84, DATED
JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
ld
12
June 20, 1985
-----------------------------------------------------------------
14. ALLOCATE $3,145.83 LOTH YEAR C.D. BLOCK GRANT FUNDS MLKEDCO.
-----------------------------------------------------------------
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-859
A RESOLUTION ALLOCATING $3,145.83 OF TENTH YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
APPROPRIATED BY THE PASSAGE OF ORDINANCE #98-34
TO THE MARTIN LUTHER KING ECONOMIC DEVELOPMENT
CORPORATION (MLKEDCO) IN AN AMOUNT NOT TO EXCEED
1/12 OF THE TOTAL ALLOCATION OF $37,750 FOR SAID
AGENCY, FOR THE PERIOD FROM JUNE 1, 1985 THROUGH
JUNE 30, 1985 FOR IT TO CONTINUE IMPLEMENTING A
NEIGHBORHOOD ECONOMIC DEVELOPMENT CORPORATION
PROGRAM; AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH AFOREMENTIONED AGENCY IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
j NOES: None.
ABSENT: Vice -Mayor Joe Carollo
-----------------------------------------------------------------
15. EXECUTE AGREEMENT: GREATER MIAMI UNITED (GMU) - SPECIALIZED
ADMINISTRATIVE AND TECHNICAL ASSISTANCE - CBO'S.
-----------------------------------------------------------------
Mr. Plummer: What about Item 24?
Mr. Dawkins: I have a problem with it, but yes.
Mr. Plummer: Well, 23?
Mr. Dawkins: I've vote for it, I just don't like itl
Mayor Ferre: Plummer moves.
Mr. Dawkins: I second.
Mayor Ferre: Dawkins seconds.
roll on Item 24.
Further discussion? Call the
ld
13
June 20, 1985
i
•i
lk
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-660
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH GREATER MIAMI UNITED (GMU) IN
AN AMOUNT NOT TO EXCEED $100,000 FOR THE PURPOSE
OF PROVIDING SPECIALIZED ADMINISTRATIVE AND
TECHNICAL ASSISTANCE AS WELL AS THE AWARD OF
GRANTS AND LOANS TO CITY -FUNDED COMMUNITY BASED
ORGANIZATIONS INVOLVED IN ECONOMIC DEVELOPMENT
PROJECTS; WITH ALLOCATION OF SAID FUNDS BEING
FROM THE 11TH YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT FUND.
(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 J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
-----------------------------------------------------------------
16. AUTHORIZE AGREEMENT: 10 NEIGHBORHOOD ECONOMIC DEVELOPMENT
ORGANIZATIONS.
Mr. Plummer: Item 23, does anybody have any problems?
Mr. Dawkins: No, no.
Mr. Plummer: I will move Item 23. Let's get as much done as we
can.
Mayor Ferre:
Mr. Dawkins:
Mr. Plummer:
Mr. Dawkins:
Mr. Pereira:
Mr. Dawkins:
Mr. Pereira:
Mr. Dawkins:
Mr. Pereira:
Mr. Dawkins:
All right, there is a motion and a second.
On 23?
Yes.
Mr. Manager.
Yes, sir?
Is Wynwood and Martin Luther King in here?
Yes. It is all inclusive.
All inclusive?
Yes, sir.
Second.
Mayor Ferre: Plummer moves,
discussion? Call the roll.
ld
14
Dawkins seconds. Further
June 20, 1985
f
The following resolution
Plummer, who moved its adoption:
was introduced by Commissioner
RESOLUTION NO. 85-661
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE INDIVIDUAL CONTRACTUAL AGREEMENTS WITH
TEN (10) NEIGHBORHOOD ECONOMIC DEVELOPMENT
ORGANIZATIONS, FOR THE AMOUNTS SPECIFIED FOR
EACH, TO CONTINUE IMPLEMENTING A NEIGHBORHOOD
ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS
ALLOCATED THEREFOR FROM THE TENTH AND ELEVENTH
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT.
(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 J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: AGENDA ITEM 22 WAS DEFERRED TO NEXT
MEETING.
WHEREUPON, THE CITY COMMISSION WENT INTO A
t RECESS AT 9:57 A.M. RECONVENING AT 10:22
A.M. WITH ALL MEMBERS OF THE COMMISSION FOUND
TO BE PRESENT except Mayor Maurice Ferre and
Commissioner Demetrio Perez.
-----------------------------------------------------------------
-----------------
17. ISSUE R.F.P.'S - LEASE OF FORMER FIRE STATION #9 FOR PURPOSE
OF CIVIC OR SOCIAL SERVICE PROGRAMS.
-----------------------------------------------------------------
Mr. Pereira: We are at this point asking for authorization to
issue an R.F.P. on former Fire Station Number 9 and have all
interested parties respond to the R.F.P. here and we will come
back to you with a recommendation.
Mr. Plummer: So moved.
Mr. Carollo: There is a motion. Is there a second?
Mr. Dawkins: Second.
Mr. Carollo: There is a second. Will you call the roll, Mr.
Clerk?
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-662
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REQUEST FOR PROPOSALS IN SUBSTANTIALLY THE FORM
ATTACHED, FOR THE LEASE OF FORMER FIRE STATION
#9, WHICH IS NOW VACANT, LOCATED AT 7651 N. E.
FIRST AVENUE, FOR THE PURPOSE OF PROVIDING A
FACILITY FOR CONDUCTING CIVIC AND/OR SOCIAL
SERVICE PROGRAMS FOR THE BENEFIT OF THE IMMEDIATE
NEIGHBORHOOD AND/OR THE WHOLE COMMUNITY.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
18. CLAIM SETTLEMENT: ZEOLA DORSEY
Mr. Pereira: Agenda Item 17.
Mrs. Dougherty: Mr. Vice -Mayor, that is my item. It is a slip
and fall on a defective City sidewalk. We are asking for $5,500
to compensate a woman for a permanent injury to her right hand.
She broke her right hand and it covers both, basically the
medical and special damages.
ld 16 June 20, 1985
Mr. Plummer: What did she trip on? Was it a traffic sign or a
crack in the sidewalk?
Mrs. Dougherty: It was a crack in the sidewalk. It was
juxtaposed about four inches.
Mr. Plummer: What you are saying is, we have no choice?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: I move it.
Mr. Dawkins: Second.
Mr. Carollo: Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-663
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO ZEOLA DORSEY THE SUM OF $5,500.00
WITHOUT ADMISSION OF LIABILITY IN FULL AND
COMPLETE SETTLEMENT OF ALL BODILY INJURY,
` PERSONAL INJURY, PROTECTION LIENS, CLAIMS,
DEMANDS AGAINST THE CITY OF MIAMI AND UPON THE
! EXECUTION OF A RELEASE RELEASING THE CITY FROM
i ALL CLAIMS AND COUNTERCLAIMS AND DEMANDS.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr. Mayor Maurice A. Ferre
-----------------------------------------------------------------
19. AUTHORIZE PURCHASE OF PARCELS OF LAND: SOUTHEAST
OVERTOWN/PARK WEST REDEVELOPMENT AREA.
-----------------------------------------------------------------
Mr. Carollo: Agenda Item 18.
Mr. Pereira: Mr. Bailey.
Mr. Herbert Bailey: Mr. Vice -Mayor and members of the Commission
Mr. Plummer: I move Item 18.
Mr. Dawkins: Second.
Mr. Carollo: Call the roll, Mr. Clerk.
ld 17 June 20, 1985
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-664
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
PURCHASE EIGHT PARCELS OF LAND LOCATED WITHIN THE
SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA
AT APPRAISED VALUES WITH CLOSING BONUSES SET AT
THE RATE PREVIOUSLY ESTABLISHED BY THE CITY
ATTORNEY TO PROCEED TO CLOSE ON THESE PARCELS
AFTER EXAMINATION OF THE ABSTRACTS AND
CONFIRMATION OF OPINIONS OF TITLE.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Mayor Maurice A. Ferre
t
-----------------------------------------------------------------
7►— — —
s
s 20. ALLOCATE $15,000 USE FEE FOR MARINE STADIUM JULY 4, 13, 20,
1985, SUMMER POPS CONCERT SERIES.
--- - - - - - ----------------------------
Mr. Carollo: Agenda Item 21.
Mr. Plummer: Mr. Manager, I would suggest to you, if we are
giving $15,000, I assume it is $5,000, $5,000 and $5,000, since
there are three concerts, I think it is only fair, whoever is the
d promoters (I think it is the Miami Herald) that some allocation
of tickets, like at least 100 or 200 tickets, that the
Administration or ... can be distributing to the underprivileged
children of this community. With that provision attached to it,
I will second the motion.
Mr. Pereira: So accepted, sir.
Mr. Carollo: Mr. Manager, it has been moved and seconded. I
have one further question.
Mr. Plummer: As amended!
Mr. Carollo: As amended, of course. How much is the Miami
Herald and some of the other sponsors spending?
Mr. Pereira: I'd have to look - Frank do you have any idea what
the total cost is?
NOTE FOR THE RECORD: Commissioner Perez returns at 10:25 A.M.
Mr. Carollo: I just want to make sure we are not financing the
I whole thingl
Mr. Pereira: No, no. We are doing this for the rental of the
stadium. It has nothing to do with the actual cost of bringing
in the performers, or anything of that sort.
Mr. Carollo: Very good. Call the roll.
ld
m
June 20, 1985
Lj
Mr. Plummer: I think it is basically a rental fee waiver.
Mr. Pereira: That is what it is.
Mr. Carollo: Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-665
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$15,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
QUALIFY OF LIFE ACCOUNT, TO COVER THE USE FEE FOR
MIAMI MARINE STADIUM ON JULY 4, 13, 20, 1985 BY
THE SUMMER POPS CONCERT BOARD AS SPONSOR OF THE
SUMMER POPS CONCERT SERIES; SAID ALLOCATION BEING
CONDITIONED UPON SUBSTANTIAL COMPLIANCE WITH
ADMINISTRATIVE POLICY NO. APM 1-84, DATED JANUARY
24, 1984, AND UPON CERTAIN OTHER DESIGNATED
CONDITIONS.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Mayor Maurice A. Ferre
20.1 CONTINUED DISCUSSION OF DEFERRAL OF AGENDA ITEM 22.
-----------------------------------------------------------------
Mr. Plummer: Mr. Dawkins, did you get settled on Item 22, or do
you still want to defer it?
Mr. Pereira: It will be continued.
Mr. Dawkins: Defer it, I mean, continue it.
Mr. Plummer: Continue it?
Mr. Carollo: Motion to continue 22.
Mr. Plummer: I second.
Mr. Dawkins: The only ... I mean, I can say up here now, turn to
22. Mr. Manager, the problem I have is, that when it comes to
awarding the contract, if you turn to the last page of the hand
out, we have Allapattah, which is our recognized C.B.O., and we
fund them to this. We have got the Haitian Task Force which we
fund to do this. Weihave the Little Havana which is a C.B.O. we
fund to do this. You have got the Overtown Economic Development,
which we fund to do. We have got the Wynwood Community
Development which we fund to do, but in the area where you have
got Talcolcy Economic Development Corporation, the C.B.O. in that
area is a Martin Luther King C.B.O., so I can't understand why,
in all the areas but this one, we are using the regular
Id 19 June 20, 1985
5
identified C.B.O., and then we come here and chose another one.
I've got a problem with it.
Mr. Pereira: I will have to review how we arrived at this and I
will get back to you, sir.
Mr. Dawkins: Thank you. At the next meeting?
Mr. Pereira: Yes, sir.
-----------------------------------------------------------------
21. ACCEPT RECOMMENDATIONS OF CITY MANAGER & COMPETITIVE
SELECTION COMMITTEE CONCERNING CONSULTANT SELECTION FOR DRI
APPLICATION FOR DOWNTOWN MIAMI.
-----------------------------------------------------------------
Mr. Pereira: The next one is Agenda item 32 and this is the
consultant for D.R.I. - the downtown development of regional
impact.
Mr. Plummer: For the record, David Plummer and Associates is not
related to J. L. Plummer, nor Larry Plummer. I'm not sure about
John Plummer. What is the cost factor, Mr. Manager?
Mr. Pereira: Sergio, do you want to address that?
Mr. Sergio Rodriguez: At this point we don't have the final
figures, because we are going to negotiate with them, but it
should be in the neighborhood of $150,000.
Mr. Plummer: You will then bring back the negotiated contract to
this Commission for approval?
Mr. Rodriguez: Yes.
Mr. Plummer: I will move Item 32.
Mr. Dawkins: Okay, I will second it. Under discussion, is David
Plummer the one with mixed ethnic component?
Mr. Pereira: Yes, sir.
Mr. Dawkins: Okay, thank you.
Mr. Plummer: Of coursel
Mr. Dawkins: I don't want to have to think it. I wanted to ask
and be sure.
Mr. Plummer: John Plummer, J. L. Plummer, Larry Plummer!
(LAUGHTER)
Mr. Carollo: Call the roll, Mr. Clerk.
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June 20, 1985
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-666
A RESOLUTION ACCEPTING THE RECOMMENDATIONS OF THE
CITY MANAGER AND THE COMPETITIVE SELECTION
COMMITTEE CONCERNING CONSULTANT SELECTION FOR
PREPARATION OF A DEVELOPMENT OF REGIONAL IMPACT
(DRI) APPLICATION FOR DOWNTOWN MIAMI; APPROVING
THE NAMES OF THE MOST QUALIFIED PROVIDERS IN THE
FOLLOWING RANK ORDER: 1) DAVID PLUMMER AND
ASSOCIATES, INC; 2) BARTON-ASCHMAN ASSOCIATES;
INC; 3) GREINER ENGINEERING SCIENCES, INC;
AUTHORIZING THE CITY MANAGER TO ENTER INTO
CONTRACT NEGOTIATIONS PURSUANT TO SECTION 18-52.3
(g) OF THE CITY CODE; AND FURTHER INSTRUCTING THE
CITY MANAGER TO SUBMIT THE NEGOTIATED CONTRACT TO
THE COMMISSION FOR APPROVAL PRIOR TO EXECUTION
THEREOF.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Mayor Maurice A. Ferre
NOTE FOR_ TH_E RECORD: AGENDA ITEM 35 WAS TEMPORARILY DEFERRED.
AGENDA ITEMS 36 AND 37 WERE PULLED.
22. ALLOCATE $16,000 IN SUPPORT OF 1985 INTERNATIONAL FESTIVAL.
-----------------------------------------------------------------
Mr. Pereira: This the resolution to allocate the $16,000 to
International Festival. This is basically an item that was
brought in front of the Commission.
Mr. Plummer: Move it.
Mr. Pereira: We just need your formalization at this point.
Mr. Perez: Second.
Mr. Carollo: What was that?
Mr. Plummer: Making up the deficit of the International Folk
Festival for $16,000.
Mr. Carollo: $16,000?
Mr. Plummer; We approved it in a motion.
Mr. Pereira: You approved it and you are just formalizing it.
Mr. Dawkins: Is that the Boat Festival?
Mr. Plummer: No, nothing on the boat festival.
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June 20, 1985
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Mr. Dawkins: Okay, I was just asking.
Mr. Plummer: I will move the resolution pertaining to the
International Boat Festival.
Mr. Dawkins: Second.
Mr. Carollo: Call the roll, Mr. Clerk.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-667
A RESOLUTION ALLOCATING AN ADDITIONAL AMOUNT NOT
TO EXCEED $16,000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF THE 1985
INTERNATIONAL FESTIVAL; SAID ALLOCATION BEING
CONDITIONED UPON THE COMPLETION OF A FINAL AUDIT
OF THE FUNDS PREVIOUSLY ALLOCATED IN SUPPORT OF
SAID EVENT.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
NOES: None.
ABSENT: Mayor Maurice A. Ferre
-----------------------------------------------------------------
23. PERMIT FIREWORKS DISPLAY - JULY 14, 1985 - PEACOCK PARK, IN
OBSERVANCE OF BASTILLE DAY.
Mr. Carollo: If I can ask for Mr. Thierry Chaunu to come up,
please. Mr. Mayor, this has to do with the request to use
Peacock Park for Bastille Day celebration.
Mayor Ferre: Is there expense involved with that? You would
cover the expenses? All right, is there authorization? Is there
a motion?
Mr. Plummer: Wait a minute. It is more than the use of the
park. It is also fireworks.
Mayor Ferre: Yes, it would be fireworks to begin at 10:00.
Mr. Carollo: You can't have Bastille Day without fireworks.
Mayor Ferre: It will take place at 9:00 P.M., okay, and you will
be through by what time.
Mr. Thierry: By 12:00 A.M.
Mayor Ferre: No, we can't do that.
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June 20, 1985
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Mr. Plummer: No, no, the fireworks has got to be finished by
10:00 P.M.
Mr. Thierry: It is going to be finished by 10:00 P.M. It is
going to stop by 10:00 for 8 minutes only.
Mayor Ferre: Well, if it starts at 10:00, it can't be finished
by 10:001
Mr. Thierry: No, it is for 8 minutes only.
Mayor Ferre: 8 minutes?
Mr. Thierry: It is going to be finished at 10:08.
Mayor Ferre: Okay, I understand. Well, will you be finished by
10:00?
Mr. Plummer: 10:08 P.M.
Mr. Pereira: 10:08 P.M.
Mayor Ferre: Well, let's say 10:30, okay? So then is there a
motion that this be approved that there be no fireworks beyond
10:30 P.M. None.
Mr. Carollo: So moved.
Mr. Plummer: Second.
Mayor Ferre: Further discussion? So you understand it has
nothing to do with you. It is just that people like to sleep at
night and a lot of people go to sleep early. And we do this in
all neighborhoods. All right, call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-668
A RESOLUTION RELAXING THE LIMITATIONS ON THE DISPLAY
OF FIREWORKS TO ALLOW THE STAGING OF PYROTECHNIC DIS-
PLAYS IN PEACOCK PARK UNTIL 10:30 P.M. ON JULY 14,
1985, SUBJECT TO THE ISSUANCE OF A PERMIT BY THE DE-
PARTMENT 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 Plummer, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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June 20, 1985
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24. GRANT AUTHORITY TO CITY MANAGER TO PUT OUT R.F.P. S FOR
CREATIVE FINANCING CONCERNING PAYMENT OF UNFUNDED LIABILITY
PURSUANT TO SETTLEMENT PROVISIONS OF "GATES" CASE.
Mr. Pereira: If you recall when we approved the Gates
Settlement last week, I addressed the Commission on the fact that
the unfunded liability ... we discussed our contribution from the
General Fund to the unfunded liability, and I made a reference to
that for years the private sector have utilized very creative
financing means so that they did not have to face brunt of their
unfunded liability in their plants and that now this is a
practice that is beginning to become used, or it is being used by
several municipalities throughout the United States. What I am
asking the Commission is for your approval to develop and
distribute a request for proposal for the purpose of determining
the possible alternative means of financing the City's committee
contribution to the unfunded liability and be put out an R.F.P.
and see what kind of response we get and what kind of creativity
we have - evaluate it and then come back to the Commission with a
recommendation on whether we want to pursue it or not.
Mr. Plummer: Mr. Manager, in all fairness, I think this
Commission should see the R.F.P. before it goes out.
Mayor Ferre: Of course!
Mr. Plummer: Well but, I didn't hear that.
Mayor Ferre: I would imagine that that is standard operating
procedure.
Mr. Pereira: Yes, we will bring back the R.F.P. before we do
anything. We want the authorization.
Mayor Ferre: What do you want us to authorize?
Mr. Plummer: To formulate an R.F.P.
Mr. Pereira: We have to formulate the R.F.P.
Mayor Ferre: All you want is authorization to proceed and bring
it back to this Commission.
Mr. Pereira: To proceed and bring it back to you, yes.
Mayor Ferre; Any objections to that?
Mr. Plummer: No.
Mayor Ferre: Plummer moves.
Mr. Carollo: Second.
Mayor Ferre: Carollo seconds. Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-669
A MOTION TO GRANT AUTHORITY TO THE CITY MANAGER
TO PUT OUT R.F.P.'S FOR CREATIVE FINANCING
CONCERNING PAYMENT BY THE CITY OF MIAMI OF THE
UNFUNDED LIABILITY PURSUANT TO PROVISIONS
CONTAINED IN THE GATES SETTLEMENT; FURTHER
INSTRUCTING THE CITY MANAGER TO COME BACK WITH
THE PROPOSED R.F.P'S FOR CITY COMMISSION APPROVAL
PRIOR TO IT BEING SENT OUT.
Upon being seconded by Commissioner Carollo, the motion was
passed and adopted by the following vote-
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June 20, 1985
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AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
25. GRANT AUTHORITY TO CITY MANAGER TO PURSUE REFINANCING OF
WORLD TRADE CENTER PARKING GARAGE BONDS.
Mr. Pereira: If you will recall, at the last Commission meeting,
we received authorization from you to pursue the refinancing of
one of the parking garages and I pointed out to you the potential
savings that we will have. The problem that we have is in order
to meet the schedule, the approval of the official statement and
the actions - selection of underwriters, we would need a meeting
before the 18th. If we go to the 18th, we have a problem. We
are not going to be able to meet the schedule because we have to
buy some governmental securities and we have to back up twenty
days, so I know that some of you might be out of town, but I
would like to get some guidance whether I ... you know, I could
talk to the Vice -Mayor, maybe to have a emergency meeting just to
address this particular item, or whether you want your Manager to
ahead and then you will approve it retroactively on the 18th.
Mayor Ferre: I for one would have no problems, in my absence, of
your calling a meeting or the Vice -Mayor calling a meeting to
solve this problem, especially if we are going to go and save the
City of Miami a couple of million dollars! I have no problem
with that. I don't understand what your question is.
Mr. Pereira: My question is, there are two ways to do it. We
can ask for a special meeting, an emergency meeting through the
Vice -Mayor, or (and I prefer that) and the other alternative is
for you to give the Manager the authority to execute, accept the
proposal, and execute the sales and approve it retroactively on
18th. I prefer having the emergency meeting.
Mayor Ferre: What you are telling me is this is going to happen
before July 18th.
Mr. Pereira: Yes, sir. In order for us to be able to realize
the savings, we have to work in a short time frame.
Mayor Ferre: All right, so in the interest of clarity, let me
leave it this way. Let me pass the gavel so that my position as
Mayor is on the record to the Vice -Mayor, and I would move that
if between now and the 18th the Administration comes with a
proposal that needs immediate action that would offer substantial
savings to the citizens in its bonding of this parking garage,
that the Vice -Mayor call a meeting, and should, after a two day
period, there not be sufficient Commissioners available for a
meeting, that the Manager is hereby authorized to proceed with
the signing of such a document, provided he first verifies it by
telephone with at least three members of the Commission, before
proceeding and that we would then vote upon it on July 18th, so
it is in that order. Okay, that gives you the leeway of first
calling a Commission meeting and if three members are not
available, within the two day period, then you go ahead and do
what you need to do as long as get it, as that acceptable to you?
Mr. Carollo: I think that safeguards the different options for
the Manager - excellent.
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June 20, 1985
Mr. Plummer: Second the motion.
Mr. Carollo: No further discussion? Call the roll, Mr. Clerk.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 85-670
A MOTION GRANTING AUTHORITY TO THE CITY MANAGER
TO PURSUE THE REFINANCING OF THE WORLD TRADE
CENTER PARKING GARAGE BONDS; FURTHER STIPULATING
THAT IN CONNECTION WITH THESE NEGOTIATIONS, IF A
SPECIAL MEETING IS REQUIRED PRIOR TO JULY 18,
2985, THE VICE MAYOR WILL ATTEMPT TO CONVENE A
SPECIAL MEETING; FURTHER PROVIDING THAT AFTER A
2-DAY PERIOD, IF A QUORUM OF THE CITY COMMISSION
DOES NOT EXIST, THE MANAGER WILL BE EMPOWERED TO
SIGN ALL NECESSARY DOCUMENTS IN CONNECTION WITH
THIS REFINANCING OF BONDS, PROVIDING THAT HE
VERIFY HIS ACTIONS WITH AT LEAST THREE MEMBERS OF
THE CITY COMMISSION BY PHONE: FINALLY STIPULATING
THAT THIS ACTION BY THE CITY MANAGER WILL BE
RATIFIED BY THE CITY COMMISSION AT THEIR MEETING
OF JULY 18, 2985.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
26. AUTHORIZE PROCESSING OF LOAN TO GARCES COMMERCIAL COLLEGE.
(See later Resolution 85-677.)
Mayor Ferre: We have the Garces matter, which we have waited for
you, Joe.
Mr. Carollo: We can take that up, if you like, Mr. Mayor.
Mayor Ferre: All right, let's go ahead. Mr. Manager, why don't
you go ahead and make your statement.
Mr. Pereira: Well, Garces Commercial College, Mr. Mayor,
approached the Administration and they have been working with the
Office of Community Development requesting a loan in the amount
of $300,000. The Office of Community Development has, in fact,
reviewed the proposal and has made a recommendation that we seek
authorization from the Commission to move ahead and negotiate
with Garces the loan for $300,000. We will probably, most
likely, we will make an additional allocation to one of our
existing community based financial mechanisms that we have -
possibility of Miami Capital, where we would channel that money
and we would have Garces then enter into an agreement for the
execution of the loan. We have to still work out the details,
but the staff felt that this was an organization that is
providing a service to a number of students in our community and
consequently they feel comfortable in recommending to the
Commission that we get authorized to proceed with the processing
of this loan.
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Mayor Ferre: All right, based on that recommendation, the matter
then, would be that we would pass that in principle and then you
would have to come back for a final authorization at the next
meeting.
Mr. Pereira: Well that, or you can authorize that the Manager
proceed with the ...
Mayor Ferre: No, sir, you didn't hear. We are going to
authorize it in principle.
Mr. Pereira: Okay, that is fine.
Mayor Ferre: And then you bring it back with a final ...
Mr. Pereira: ... with the final negotiations and all that. Yes,
sir.
Mayor Ferre: The final matter to be voted upon at the very next
meeting which would be the 18th of July.
Mr. Pereira: That is right.
Mayor Ferre: Is there such a motion?
Mr. Carollo: I so move.
Mr. Perez: Second.
Mayor Ferre: Is there further discussion? Call the roll.
THEREUPON, THE FOREGOING MOTION No. 85-671, duly introduced
by Commissioner Carollo and seconded by Commissioner Perez
was passed and adopted by the following vote:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins*
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
*Although absent at roll call, Commissioner Dawkins requested
of the City Clerk that he be shown as voting with the Motion.
(NOTE: MOTION LATER FORMALIZED INTO RESOLUTION NO. 85-677)
27. SECOND READING ORDINANCE: APPLY HC-4 COMMERCIAL AREA
HERITAGE CONSERVATION OVERLAY DISTRICT TO DUPUIS MEDICAL
OFFICE AND DRUGSTORE.
Mayor Ferre: We are now on Item Number 1, which is John G.
Dupuis, Trustee, Planning Department. This is on second
reading. It was previously moved by Plummer, seconded by
Dawkins. Again, Sarah on the record, to the people who are
requesting ... is everything in order?
Ms. Sarah Eaton: Yes, sir.
Mayor Ferre: I guess is the way I am supposed to ask this for
Mr. Plummer. All right, everything is in order. Are we ready to
move on this. All right, Commissioner Carollo, are you ready on
this? All right, Carollo moves, Perez seconds. Further
discussion on Item 1? Read the ordinance.
Id 27 June 20, 1985
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-4: COMMERCIAL AREA HERITAGE CONSERVATION
OVERLAY DISTRICT TO THE "DUPUIS MEDICAL
OFFICE AND DRUGSTORE," LOCATED AT
APPROXIMATELY 6041-45 NORTHEAST 2ND AVENUE,
(MORE PARTICULARLY DESCRIBED HEREIN); MAKING
FINDINGS; ADOPTING AND INCORPORATING BY
REFERENCE THE "DESIGNATION REPORT," AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
14 OF SAID ZONING ATLAS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of May 23,
1985, was taken up for its second and final reading by title and
adoption. On motion of Commissioner Carollo, seconded by
Commissioner Perez, the Ordinance was thereupon given its second
and final reading by title and passed and adopted by the
following vote -
AYES: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 10013.
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. PUBLIC HEARING: REQUEST FOR CHANGE OF ZONING CLASSIFICATION
5959 N.W. 7TH STREET (PAN AMERICAN HOSPITAL CORPORATION) FROM
RS-2/2 TO RD-3/5. DEFERRED TO JULY 25, 1985.
Mayor Ferre: We are now on Agenda Item 2. which is the Pan
American Hospital Corporation, Matthew Schoenberg, Trustee. This
is at 5950 N. W. 7th Street. The Planning Department recommended
a denial. The Zoning Board voted unanimously to deny 8 to 0,
with two opponents present at the meeting. Are there any
opponents to this matter here today? Please raise your hands so
I can see how many opponents. (NOTE: Mayor counts hands) All
right sixteen. How many of you folks wish to be heard this
morning? How many of you wish to speak? You have the right,
under the law - this is a public hearing, to express your
opinions. There are five speaks. All right are the proponents
here?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: All right, I will not deny those people the right
to speak, of course. Now, are the proponents here? Item 2.
Will they please step forward, and we will hear first from the
Administration and then the proponents and then we will hear from
the opponents.
Mr. Richard Whipple: Mr. Mayor and members of the Commission,
the Planning Department recommends denial of this item. It is
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June 20, 1985
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not in accord with comprehensive plan and not in accord with the
{ land use characteristics of the area. If you will notice, we
have had and still remains uniform residential, low density
zoning on the southerly side of N. W. 7th Street. The existing
Pan American Hospital facilities are on the north side of N. W.
7th Street. There has been no significant change in this area
which we feel would warrant a request of change of zoning. As
indicated, the area is predominantly single family and we don't
believe that there is a need for multiple family zoning in this
area. The suggested change, as you can see on the map, would be
a precedent for the area, which could lead to substantial changes
and adverse effects on this low density area. On that basis, we
have recommended denial of the item.
Mr. Plummer: What is the hospital proposing to use that for?
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Mr. Whipple: Commissioner Plummer, it is a change of zoning to a
multiple family zoning.
Mr. Plummer: To a multiple family?
Mr. Whipple: To a multiple family zoning.
Mr. Plummer: But it is under the auspices of the hospital? Is
it to be use for - what purpose?
Mr. Whipple: I believe we should let the hospital respond to
that, sir.
Mr. Plummer: All right.
Mayor Ferre: All right, any other statements from the
Administration? All right, Counselor?
Mr. Al Cardenas: Thank you, Mr. Mayor and members of the
Commission. My name is Al Cardenas. I am an attorney here in
this City of Miami. It is my pleasure to be representing this
morning folks from Pan American Hospital and I would like to take
a second to introduce people who are here. Principal and officer
of the hospital, Dr. Alberto Hernandez, who is here; the general
counsel for the hospital, John Mudd and I ask if you all would
please just stand up. The counselor for the hospital, Mike Mora;
the architect for the hospital, Doug Millard; and administrator
for the hospital, Roberto Tejador, Carolla Calderin and Jim
Jakely. Thank you. This application is for properties now known
as 5050-5960-5980 & 5990 N. W. 7th Street. Basically, there are
the four that are now single family residences immediately facing
the hospital, or from the hospital's point of view, on the south
side of 7th Street. Commissioner Plummer asked a question as to
the intended use, and let me go into that, if I may. This
hospital, Pan American Hospital, which is a hospital in your City
of Miami, it is a hospital that has grown from 60 to 146 beds.
When this matter was originally presented to the Zoning Board,
this application was voted down 7 to 0. At that time, members of
the Zoning Board and members of the public expressed their
concern as to what actually would be developed in this particular
site. At the time that the presentation was made to members of
the Zoning Board, we did not seek any restraints, but basically
sought a change from its existing RS-2/2 zoning to its requested
RG-3/5. I want you to know, Commissioner Plummer, Mayor, and
members of the Commission, that we were retained last week to
represent the interests of the applicant. Once we were retained,
we immediately called for a meeting of the neighbors. I reviewed
the transcripts from the Zoning Board's hearing and think that we
have addressed each and every concern expressed by the neighbors
and expressed by members of the Zoning Board. Some of those
concerns at that time by members of the Zoning Board that this
was a residential neighborhood, that the requested zoning could
have a hotel and multi -family structure three or four stories
high and that some of the uses permitted under RG-3/5 are just
ld 29 June 20, 1985
not acceptable in this area and tha
t gat was that. The vote was
taken. Since that time ...
Mr. Plummer: Excuse me. Maybe I missed it. Have you said yet
what the proposed use is for?
Mr. Cardenas: Sir, I am going to get to it right now.
Mr. Plummer: All right, I didn't want to ...
Mr. Cardenas: The proposed use, and if I may show you here,
Commissioner Plummer, here is something that the architect worked
up. It is a one story facility linking two of the four homes and
it is going to be used strictly for the administrative offices of
a few of the doctors of the hospital - three or four of the
doctors of the hospital. To show you the impact, or the lack of
it that this would have prepared and proffered a declaration of
restrictions and albeit late - we didn't meet with the neighbors
until Tuesday evening, yesterday worked it up, and yesterday
afternoon late we submitted it to the City Attorney's office and
staff. Rightfully so, staff has not had the proper time to
evaluate it, but this is only first reading. What that
declaration of restrictions says is that we will not - and what
we did is we limited all of the uses in the declaration ... would
permit other than what it is I am telling you we plan to do here.
In addition to that, in the declaration, we said that there would
be no building or structure erected on the property, which shall
exceed one story in height. In addition to that, we limited the
hours of operation to be from morning until 10:00 o'clock at
night at the most. Let me add, so that you feel the full impact
of this thing, that they major impact of this thing, if you go by
code, we would only have to show 10 parking spaces. In other
words, the traffic impact, which was one of the concerns of the
neighbors, will be non-existent, based on the intended use. The
change in residential character would not occur, because not only
have we proffered that we would stick with one story, we have
furthermore, Commissioner, stated that we will maintain the
residential architectural integrity of the proposed facility to
be in keeping with the character of the neighborhood. We have
also answered, I think the basic questions and concerns of both
the Zoning Board and the residents of the neighborhood have had.
I believe that with the declaration which we have proffered,
legally narrows down the intended use to what it is we intend to
use it for. Dr. Hernandez is here and he could attest to it,
under oath, that these are offices intended by three or four of
the principals of the hospital, so that they can better
administer their practice. This is in no way an ancillary use of
the hospital. They will not be hospital like medical treatment
provided in these facilities; nor will it be used for anything
else other than the administrative offices of these three or four
principals or administrators or doctors of the hospital. It is a
minimal impact. It goes from 60th Avenue to 59th Court. It is
self -encompassed in one location. It faces the hospital. I
think a motion could be properly worded that because of all those
characteristics and the declaration, such characteristics are not
likely to be found elsewhere, and thus the concern would be
eliminated. There was also one last thing. There was a neighbor
who lived immediately to the back of the property who also showed
up at the hearing, and we proffered and have so placed in the
declaration - his concern was that he had a wife and little girl
and at that time he was not aware of the height of structure. We
explained to him that it would be one story, but in addition to
that, we proffered to provide him a buffer, either landscaping or
a wall to his liking and that we also have proffered to do, so I
think we have met the basic concerns that were espoused and I
think the public hearing at the Zoning Board level certainly
served its purpose and for these reasons we respectfully request
that you approve our request based on our application, contingent
on the declaration which has been proffered and contingent upon,
you know, the City Manager, advising you that indeed the
ld 30 June 20, 1985
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declaration that has been proffered, thus what it is that I am
proffering to you, that it will accomplish. If there are any
questions, I would be happy to answer. Thank you very much.
(INAUDIBLE BACKGROUND COMMENTS)]
Mayor Ferre: You will have your opportunity. Everybody has an
opportunity, properly under due course. Is there anybody else
that you wish, Mr. Cardenas, to speak on behalf of your group?
Mr. Cardenas: I don't believe so, Mr. Mayor, we stand here ready
to answer questions if any are posed.
Mayor Ferre: We will now hear from the opponents. The gentlemen
who just stood up, if you will come to the microphone, I will
recognize you, sir. We need your name and address. Make your
statement, or ask your questions.
Mr. Carlos Ayala: My name is Carlos Ayala. I live at 630 N. W.
60th Court. I want to remember the gentlemen that the hospital
also buys in the next block more property, because he is starting
now to shake the finger, but he wanted to take the hour. Today
he is start with this proposal, but we know that sooner or later
these people want to build a building bigger and bigger in this
area. We are very strong against this property, because we want
to keep the sun like it is today - one family in each house.
Please, we try, with a lot of people in our area, signed a letter
against this proposal. Thank you very much.
Mr. Jose Fernandez: I live at 620 N. W. 59th Court, next to the
proposed zoning change. I have collected over 90 signatures from
the whole neighborhood in three hours opposing this zoning
change. Now, I have only 17 people in here, which is the
neighbors present in this hearing. I would like to make a
request to the Commission to postpone this hearing until July
25th so that I can talk to everybody in the neighborhood and fill
all of this City Hall up to the top so they can show here in
front of you opposing this zoning change.
Mayor Ferre: All right, sir, we will deal with that issue after
everybody has had an opportunity to speak. All right, next
speaker.
Mr. Ruben Colon: (As translated by Mr. Perez-Lugonez) I live at
611 - 60 Street. According to what Pan American has represented
in that layout, they say that they are promising that they are
going to keep one story height, but how can they promise
something that in the future, it is the neighbors themselves and
then somebody else can come in and build something else. Now, in
our neighborhood we live like a big family. If they do that,
that means that different kinds of persons are going to come into
_
the neighborhood then our tranquility will be ended! And
according to the constitution, we are entitled to peace and
tranquility. I believe if they want to build that, they should
build it on the other side of 7th Street. They have a lot of
land there, and they have spent about $1,000,000 buying eight
houses. Of course, they say four over here now. With $1,000,000
I think they can build even two floors on top of the existing Pan
American and still on the other side of 7th Street. Thank you.
Mayor Ferre: All right, next speaker. Yes, Ma'am.
Ms. Yolando Lezcono (As translated by Mr. Perez-Lugonez) Her
name is Yolando Lezcono. She lives at 571 N. W. 60 Avenue. I
Will be affected by what they want to do and we, all the
neighbors in the area oppose this strenuously, because we are
persons with not many resources and we have bought our houses
with a lot of sacrifice. For example, myself, I bought my house
and when I went to ask for a permit to enlarge my house, I was
r
Cy r
told at the zoning office that my house appears like A small
F `
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ld 31 June 20, 1985
garage. I told the person "Look, I have brought this with a
great sacrifice for the future of my children, because I believe
this is a good area, but I don't know what is the purpose or
interest of these persons to try to change the zoning in the
area.
Ms. Yolanda Lezcano: COMMENTS IN SPANISH.
Mr. Aurelio Perez-Lugones: (TRANSLATING FOR MS. LEZCANO) ....If
they like this neighborhood so much and they want to change the
zoning, we are opposed to it. We ask these people to leave us
with our peace. Why do we have to come over here to request to
leave us in peace. If they want to put a big hospital, they
should build it someplace else. Because I believe that once the
zoning is changed, they could do many things, not only to enlarge
the hospital. Please, they have so much money and we have so
much less, they should leave us alone. I believe that is enough.
If they would like to have next to the houses where they live a
zoning change, then later on they would have built not what they
are presenting here, something like a bar, for example, instead
of that, or a hotel, or anything. They should think about that
and they should leave us alone. Thank you.
Mayor Ferre: The next speaker, please step forward.
Mr. Pedro Lopez: My name is Pedro Lopez. I live at 610 N.W. 59
Court. I strongly oppose with the zoning change. Four years ago
I bought in a residential area. I would like to keep it that
way. I wouldn't like my area, my home, my neighborhood to be
changed into a commercial area. We have written a letter and
like it's been said, more than 90 people have signed the letter.
Can I read it? May I?
Mayor Ferre: I think the thing to do, in the interest of time,
_
is give it to me and I'll submit it into the record. Is it a
one -page letter?
Mr. Lopez: Well, it has about four pages of signatures. It's a
-
one -page letter.
Mayor Ferre: Read the letter and submit this.
Mr. Lopez: All right,
"Dear Mr. Commissioners: The signatures affixed to
this petition are those a of property owners and/or
residents owning and/or living on property lying within
a 375 radius of subject lots 1, 2, 29 and 30 (south
side of 5900 -5950 block of N.W. 7th Street). These 4
lots are presently zoned RS-2/2 One Family Detached
Residential; however„ there is presently a concerted
effort by the owners of the Pan American Hospital to
change this zoning to RG-2/5 General Residential.
'The City of Miami Zoning Board, on April 22, 1985,
voted unanimously (8-0) and adopted Resolution ZB 56-85
to deny this proposed zoning reclassification. We
urgently request that when this proposed zoning change
"
comes before the Commission on June 20 that you will
uphold the recommendations of your Zoning Board.
"
'We strongly suspect that this zoning change
request represents the "tip of the iceberg." There
have been numerous sales to real estate firms of lots
abutting subject lots. We know that if this zoning
change takes effect that there will be an avalanche of
'}
rezoning requests.
'The petitioners have owned or lived in the area for
}
many years. This is our "home." No one wants to leave
and most of all no one wants the high rise construction
that is sure to follow with this petition. There is
enough congestion in the area as it is and we do not
need or want any encroachments on our privacy, our
t°
32 June 20, 1985
f .
freedom of movement and on our family oriented
community.
'The proposed zoning changes are strictly commercial
and benefit only those seeking the changes. We have
very strong feelings on this blatant commercialization
maneuver that cares little about the quality of life
for those who have lived in the area for many years
and still desire to remain there.
'We would deeply appreciate it if the Commission,
individually or collectively, would visit the
neighborhood. We are positive that you will come away
feeling as we do that high rises portend ruination of
the area."
We still oppose and there are more than 90 signatures here.
Mayor Ferre: Thank you. Would you give the letter and the
signatures to the Clerk? It is part of the record now. Are
there any other speakers? Ya Ud. hablo? Entonces sientese un
momentico. Yo to reconozco despues. Next speaker.
Mr. Vladimiro Romanovki: My name is Vladimiro Ramonoski. I live
at 600 N.W. 59 Court. I bought my home, I will say, about 16
years ago. It's the kind of neighborhood... very quiet, very
honest. You can leave your car open and nothing happens there.
It's very suspicious that American Hospital bought eight houses
and paid almost $800,000 and now he bought more houses and the
other street from 60 Avenue. If they planning to make a building
in front of Pan American Hospital, why still buy next avenue and
7th Street? It's funny that you spend $800,000 just to build an
office for the private doctors. It don't look right to me. I
don't think we should have our zoning changed for the commercial
purpose. They propose this now and later on, they will change
it. That's my condition and I'm glad to say it.
Mayor Ferre: Thank you, are there any other speakers. I saw
Joanne Holshouser raise her... yes, sir, are there any other
speakers at this time? Please step forward, because we're about
to close the public meeting. You can use that microphone.
Mr. Joaquin Riesgo: My name is Joaquin Riesgo. COMMENTS IN
SPANISH.
Mr. Perez-Lugones: (TRANSLATING FOR MR. RIESGO). His name is
Joaquin Riesgo. He lives at 5900 N.W. 7th Street. I believe
that I am the most affected neighbor of all here. I have the
most valuable property within one and a half miles. I have been
a developer in my country. I build buildings and houses. I
consider that the change of four houses that are almost worth
nothing for one house, it would avoid in the future that other
persons that would be not to our liking come to this area. Pan
American can lease those houses to people that may not be of our
liking. The houses are worth according to what is around them.
I remember a very bitter experience that the owner of the house
where I live had. The people who made the appraisal for the bank
said that as there were no other houses around that would be
comparable to... the house would not be worth the price that the
person wanted to ask for. I don't know if I was lucky; I got it
very cheap. But they told the individual that there were no
other houses around like his, no sales. After that, nothing has
happened in the neighborhood. This is the first time that we
consider something happening to improve the area. We can see
that both bad houses are being eliminated for a building that is
not that high, which has very well lighted parking and with
landscaping and the most important thing is that nothing else but
what is shown in here can be done there. They are the ones that
stand to lose the most. I don't think they are going to lose
anything. I don't know what interpretation my neighbors have of
those, but the menace that I see is that those four houses could
be leased and according to the laws of this country nobody can
discriminate in that respect. Thank you very much.
Mayor Ferre: Are there any other speakers?
sl 33 June 20, 1985
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Ms. Isabel Montano: COMMENTS IN SPANISH.
Mr. Perez-Lugones: (TRANSLATING FOR MS. MONTANO) Her name is
Isabel Montano. Exactly one month ago I bought my house. That
house has been left for three months with the sign outside. I
have found that before had passed, I have received this letter
from the City of Miami that there is going to be a change of
zoning of this place which I bought. Please, I would like to
that the Commissioners who have helped Cubans so much, that they
would have very much present that this would not effective. The
phrase that we have in Cuba that the big one would eat the small
one, and in this case we are the small ones, which was
sacrificed, we have bought our homes. In your hands I deposit
that you would understand the problem that we have now. I never
thought when I went to buy my house that this problem in this
area would exist. This is everything that I have to say. Do
justice for us. I don't request anything out of this world. We
want to be left as we are now. Thank you very much.
Mr. Carollo: Senora, si pudiera nada mas de recordarle la
historic de David y Golia en donde el chiquito vencio el grande.
I wanted to remind her of the story of David and Goliath, where
the small person defeated the much bigger one, the giant.
Mayor Ferre: Are there any other speakers? Si, senora.
Ms. Leonela Husta: COMMENTS IN SPANISH.
Mr. Perez-Lugones: (TRANSLATING FOR MS. HUSTA) Her name is
Leonela Husta. I would like to say that I am a neighbor who has
lived there for 30 years. When the Pan American Hospital did not
exist... very quiet place. I don't believe that because of four
houses you have to change the zoning. Many people believe that
we are not affected, but it is affecting us since the zoning is
being changed. This person who has so magnificent a residence is
not affecting him. But we are poor. Do you understand? We have
a house which is like a deposit, it is eight houses; it is not
four houses. If we think that the zoning may be deceiving, we
may wind up having something else. We are asking that in your
power you help us. We are almost all Latins, the ones who live
in the neighborhood. Thank you very much.
Mayor Ferre: Are there any other public speakers? I think
what's happening now is that everybody is saying the same thing.
I think we need to move along.
Ms. Eileen Lopez: My name is Eileen Lopez. I live at 610 N.W.
59 Court. One of my main concerns is like we stated in the
letter. It's very congested around our neighborhood. I live
there with my husband and my little daughter; she's three years
old. Right now Pan American Hospital is parking in our
neighborhood. We have lack of space. Sometimes we can't even
park in front of our houses, our own cars because we've got the
parking space occupied by somebody else. I have a little girl
and they say it's not going to affect traffic, but it is because
it's affecting us right now. That's one of my main concerns.
Mayor Ferre: Thank you, Mrs. Lopez. Are there any other public
speakers? If not, is there a motion that... Do you want to
respond first?
Mr. Cardenas: Yes, if I may, Mayor, I think one thing which I
would like the residents to know is that many of them who spoke
today were not at the meeting. I have the distinct impression
that many of the residents who spoke earlier before me have a
feeling that their whole area is being rezoned. I know because
everyone who attended the meeting at the hospital, many of whom
here were not there, expressed that to me. They said, "My home
is being rezoned. I don't want my home rezoned. My area is
being rezoned." One lady was under the impression that every
home within 375 feet of her property was being rezoned. That is
sl
34
June 20, 1985
f
not the case. I would like the neighbors to know that is not the
case. We're only talking about where these four homes are
located. Furthermore, we don't need more; we need less space,
which is why we only intend to use two of the homes and not the
four. The third thing, which was her concern, was the value of
their property. I think I passed along to Commissioner Carollo,
hopefully all of you can see, the existing condition of the homes
and what it is we propose to do. There is no doubt in my mind
that the value of real estate in that area is going to be
enhanced. Lastly, if I was under the same impression that these
neighbors here were and expressed their concerns, I would not
have even dreamed of taking this case on or representing the
client. If the neighbors feel that this is eventually be another
extension of Pan American Hospital, they have every right to be
here yelling and objecting. That is not the case. A declaration
of restrictions, which I asked them if they could, they might
want to consult with their own attorneys so they feel comfortable
in what I was telling them, but that declaration assures them
that there is not going to be an extension of any hospital
facility, that its intended use are for these administrative
offices so the doctors... there's going to be one story in
height. They are going to have two homes instead of four, and
the whole area is going to be improved. The mention as to the
other properties, which are immediately adjacent to these, they
were bought one, to make sure we had a buffer zone, so there
would be less objectors to what we are proposing, and number two,
those are used as residences by members of the staff of the
hospital and will continue to be used for that purpose and we
could proffer that as well.
Mayor Ferre: Mr. Cardenas, let me from the Commission's... my
personal point of view on the Commission side, say that I'm a
very firm believer and have been for the years that I've been
here, that a man's home is his castle. People have a right to
have rights of tranquility and that their neighborhoods need
protection. We have practiced that, I think, fairly
consistently, even though sometimes it's a disagreement as to
whether or not we do that or don't. Once in a while we do take a
residential neighborhood and rezone areas. We just did so in
Coconut Grove, for example, along 27th Avenue. That is because
unquestionably there is a change that is without any question
here. It's not that it is going to happen, it's that it's
happened. We're in the midst of that. I would suggest to you,
since the department recommends the denial strongly and since the
Zoning Board recommended unanimously, 8 to 0, that if you have a
case, and I do think there is a case to be made on your behalf,
somehow the Pan American Hospital, with all due respects to them,
has not explained it very well to the neighbors. I just don't
think that it is proper for this Commission to ram -rod something
like this, when you have such strong opposition, as you've heard
here from the neighborhood. I would recommend, and I want to
continue this matter, because I think it's important. There was
a gentleman in the yellow shirt who asked that this matter be
continued. I'm not going to....
Mr. Cardenas: Whom I haven't had a chance to speak to, so....
Mayor Ferre: I don't want to continue for his sake. I want to
continue it for the neighborhood's sake and for your sake too.
For your sake so that now that since you've only been retained
for a week or two weeks or whatever it is, that you have the
opportunity to call a meeting, maybe St Dominic's will lend you
the hall, or perhaps even at the Pan American Hospital, there is
an auditorium there that could be used and since with the
exception of Mr. Vladimir Romanovski, the majority of the people
that I heard were Spanish speaking, perhaps there is a language
communication problem or perhaps they, you have not gone over the
process. I think you need to go with the neighbors and explain a
little bit clearer what you are attempting to do. They may not
change their position, and that's something that we'll have to
deal with. But I think it's important that the neighborhood at
least have a clear understanding as to what the restrictive
sl 35 June 20, 1985
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covenants mean and what's going on and then we deal with it at
that time. I don't know what the rest of this Commission wants
to do, but I'm not ready to vote on this. Lastly, I want to say
that I want personally to go out there and I want to walk that
neighborhood the way it is now, and I want... I would imagine
Saturdays is probably a busy day at the hospital and it's also a
day when most of the neighbors are available. I would like
personally to go out there and visit with the neighbors. I would
ask the Commission to also do so. I think, I'd like to choose...
I ' m going to be away for a few weeks, so I ' d like to choose the
Saturday of the 13th of July. That gives you enough time to meet
with the neighbors and perhaps explain, if you feel that you
haven't done so, better and then I would like to on Saturday...
is 10:00 o'clock in the morning acceptable? Is that a good time?
Does anybody object to that? I'm going to call... Nestor, if you
will call St. Dominic's and see if we can get the hall and we can
meet there and from there we can go walk the neighborhood.
Mr. Cardenas: I think, Mr. Mayor, speaking... I know I haven't
checked with my client, but speaking on his behalf, I think
that's only fair. I know that I have heart] at least eight people
here today whom I've never met before. I believe they are under
a distinct impression, which is not correct. I'm not saying I'm
going to change their minds, but I think it's important that they
narrow their focus to exactly what it is we're talking about. I
think you correctly stated we haven't done that, we haven't done
that well. I, on behalf of the client, would like to be there on
the 13th and come with staff and explain perhaps more thoroughly
and informally what we're trying to....
Mayor Ferre: No, that's my meeting. You have your own meeting.
Mr. Cardenas: All right.
Mayor Ferre: I don't have any objections to your having your own
meeting and you do that and you're welcome to come to our
meeting, you and the people from Pan American, but I would hope
that you do that before the 13th. That's why I would choose
Saturday, the 13th, so we have the opportunity, you will have the
opportunity to do your homework and meet with them. You're
welcome to come on the 13th, but I would hope that's not your
first meeting with the neighbors.
Mr. Cardenas: I will certainly implement that suggestion, Mr.
Mayor. One last thing, which since the neighbors are here, I'm
taking up your time to do so, but I would strongly like to
suggest to them that they get someone, and I would help defray
any consequences, if it's possible. Get someone, such as an
attorney or an advisor, to be with them when they meet with me,
because it's not....
Mayor Ferre: That's a good suggestion.
M
Mr. Cardenas: I very strongly suggest that to all of you. I'm
{
willing to give of my time and staff whatever resources you
people want from us so I fully explain the project. The only
thing now that we are going to be acting in good faith, the only
thing I'm going to ask is that you have someone advise you as a
group as to what it is I'm saying so you neither take what I'm
saying for granted nor doubt everything I say because I represent
the other side.
Mayor Ferre: Mr. Cardenas, let's do this. I'm going to say it
in English and in Spanish. There used to be an organization and
'-
those, the lady that's been there for 30 years and you, Mr.
Hermanowski might remember that there was a very active Grapeland
i
Height Association -I'm sorry, it was the Flagami Association.
Hilda Garsuer... how many of you remember Hilda Garsuer? She was
t
the president. There were several people that were very active.
J
In the last five or ten years, I have not heard of any
x�
organization in the Flagami area. I think the reason there is
perhaps an organization that exists -a civic organization- I
sl 36 June 20, 1985
a+
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P.
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think the neighbors ought to constitute themselves into a civic
organization and you ought to get some advisors. Perhaps they
might be legal; perhaps they might be non -legal. I don't know,
but I think you have to have people that understand the
procedures around here. COMMENTS IN SPANISH. Are there any
other members of the Commission who wish to make a statement,
express an opinion, ask a question?
Mr. Perez: Yes, I think it's very important, Mr. Mayor, what you
have mentioned about the meeting of July 13th. I would like to
have the opportunity to participate in that meeting. I would
like to get more details of what are the concerns of the
neighbors of this area, to try to promote better understanc'ing
between the neighbors and the people who are making the request
today. In my own case, Mr. Mayor, I don't know what is the
position of the other members of this Commission. Anyhow, we
cannot make final decision on this issue until the end of July.
That is the time of the second reading. I don't know if the
other members want to consider on first reading today and
after....
Mayor Ferre: I've asked for a deferral.
Mr. Perez: Why do you want to defer it? O.K., I have any
opposition to, O.K....
Mayor Ferre: Until the meeting in July.
Mr. Perez: I would like to participate in that meeting in July
13th.
Mr. Carollo: I'll make my position very clear. I'm going to
side with David, not Goliath. I so move that we defer this item
until the July meeting.
Mayor Ferre: Second for the deferral?
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Carollo,
who moved its adoption:
MOTION NO. 85-672
A MOTION TO CONTINUE A REQUEST FOR CHANGE OF
ZONING AT APPROXIMATELY 5950-5959 N.W. 7TH
STREET TO THE MEETING OF JULY 25, 1985, TO
PERMIT A MEETING TO BE SET UP BY THE MAYOR
AND OTHER MEMBERS OF THE COMMISSION IN THE
NEIGHBORHOOD AFFECTED ON JULY 13TH, AND ALSO
TO PERMIT ATTORNEY FOR APPLICANT TO ARRANGE
NECESSARY MEETINGS WITH THE NEIGHBORS TO
FURTHER EXPLAIN THIS REQUEST.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Cardenas: Which meeting will that be?
Mayor Ferre: Be the zoning meeting.
sl
37
June 20, 1985
I
Mr. Plummer: 25th.
29 PUBLIC HEARING: REQUEST FOR CHANGE OF ZONING CLASSIFICATION
2701-03 DAY AVENUE AND 3191 CENTER STREET FROM RD-2/5 TO
SPI-3 (Deferred to afternoon)
Mayor Ferre: We're now on item number 4. Item 3, as I announced
earlier, is being deferred until the afternoon. We're now on
item 4, which is Stuart C. Taylor, 3191 Center St. Day Center
Corp. Mr. Cardenas, you're getting to be like Mr. Traurig. This
item was denied. Motion to recommend approval failed 4 to 3.
Planning recommended denial. The Zoning Board... in effect, what
does that mean, Plummer? It means it was denied?
Mr. Plummer: Yes, it was denied because it didn't get a five.
It took a five vote to pass. It only got a four.
Mayor Ferre: All right, the administration.
Mr. Whipple: Mayor and Commissioners, the Planning Department
recommends denial of this item. I call your attention to the
display, which indicates four lots, one of which fronts on 27th
Avenue; the other three which front on Center Street and face Day
Avenue. The requested change is out of order in many ways.
Number one it is a spot zoning request, and such a change would
not be in accord with the comprehensive plans or the plans that
we have had in the surrounding area that relate to the subject
property. There hasn't been any significant changes in this area
to justify the change. We do not believe additional office
zoning is needed in this area. In the discussions with the
Zoning Board, at the time this came before them, there was
reference to a change of zoning to PDMU, that this Commission
granted for a larger area across the street. We'd like to
suggest that the Commission distinguish between that change of
zoning and this requested change of zoning in that that change of
zoning was for a planned development mixed use. Along with that
connotation, several things occur. Under that type of
classification, you have a project, at least conceptually, that
is before this body which you can review and agree or disagree.
That project is in effect tied to that change of zoning. I would
also point out that the mixed use, which was the result and
recommendation that came out of the study, or was mentioned in
the study, I should say, of South Bayshore Drive, did recommend a
planned development approach for the 27th Avenue corridor. In
the mixed use impact, is that the mixed use requires residential
development, which we deem an essential ingredient to the
development of this 27th Avenue corridor. You might also
remember that the City Commission has requested that we study
this corridor of 27th Avenue and that it is in fact taking place
and will be available in the future. We believe that the
encroachment on to Center Street is a very serious encroachment
into a residential area, an established residential area. As you
might know, might remember, we have several fine planned
residential developments that have been approved and established
in that area. We believe that a change of zoning of this nature
would be a serious impairment upon the livability conditions in
this area. Also the request carries with it the elimination of
the SPI-3 district, which limits the height of buildings and
requires certain additional considerations as to the uses that
shall or shall not go in there. We believe that the SPI district
needs to be maintained in this area, particularly in light of its
height restrictions. On that basis, we are recommending denial
of this item.
sl 38 June 20, 1985
Mr. Plummer: Mr. Cardenas, for the record. Do you wish to
inject something?
Mr. George Campbell: Yes, if I may. George Campbell,
representing the Department of Public Works. We have reviewed
this proposal and I would like to offer some comments concerning
the infrastructure. As usual, we do have a problem with the
density, the potential for density with this rezoning in that it
would increase the sanitary flow in there in excess of 200%.
This could be rather detrimental, particularly along on Center
Street and Day Avenue. Those lines come down there virtually
terminal lines. We also address somewhat the traffic situation.
We have had considerable request for review traffic in the area,
particularly at this intersection. We have a request that we are
looking at now from a gentleman living on Day Avenue, before the
closure of Day Avenue at 27th Avenue to inhibit the Tigertail
Traffic from cutting across and cutting down through Day Avenue.
The implication is that they're doing that in a rather speedy
manner and possibly endagering life and limb. We have contacted
Metropolitan Dade County Traffic and Transportation to assist us
and take a look at it too so we can come up with a
recommendation. The establishment of any parking or any
vehicular activity based on a commercial development, office
building -the office building probably would no doubt go on the
larger "M" there. Certainly they would want access to Day
Avenue, rather than 27th, for their exiting movements and so on
which would again impose a heavy traffic burden on Day Avenue. I
know that during rush hours there are times when it would be very
difficult to get out from lot 1, which is the one fronting on
27th Avenue, because of the traffic stacked up at the light, so
they wouldn't of course, go out through Day Avenue to Mary Street
and then either west or south and filter out to the rest of the
Grove or the rest of the City in that way. We would go along
with and support the recommendation of the Planning Department,
and particularly in light of Mr. Cardenas' statement several
times when the area up around Aviation and Bird Road was being
developed, it was his considered opinion that no other change of
zoning should occur along with 27th Avenue corridor because of
the fact that was already zoned for proper use.
Mr. Plummer: Mr. Cardenas.
Mr. Al Cardenas: Thank you, Mr. Plummer, members of the
Commission. My name is Al Cardenas. I'm an attorney in the City
of Miami. I'm here representing the applicants seeking this
particular rezoning. Let me at the outset, if I may, introduce
to you the applicant, Mr. William Judson. Some of you probably
recognize him more as number 49. Mr. Judson has recently been
involved in some personal investments. He's developed a
commercial facility in Coral Gables at 338 Minorca. He is
desirous of accomplishing the same objectives at this particular
location. Let me, if I may, go into the merits of this
presentation, which I think are obvious. They deal primarily
with the intersection that we're talking about. Here is....
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mr. Cardenas: I think it'll be easier if you go that way and
I'll move this. Thank you, Joe. This is as you know, the five
pointer intersection. This intersection -I'm pointing right now
for purposes of the record, to the yellow mark proposed office
site- this is a five pointer intersection. I'm now pointing at
Tigertail Avenue, Day Avenue and 27th Avenue. I made a list
yesterday in preparation for this presentation of the tallest
structures in the Grove. I know one of the concerns was the
density of this proposed office site. The nine largest office
buildings in the Grove were Yacht Harbor, Grove Towers, a six -
story apartment building in Tigertail, the Grand Bay Hotel, Grand
Bay Office Building, Coconut Grove Hotel, and so forth. Let me
tell you that of the nine largest office buildings in the Grove,
the nine tallest structures -not office buildings- five of them
are in the immediate vicinity and on the intersection itself.
sl
39
June 20, 1985
A
Let me go over those with you if I can. This is the Grand Bay
Plaza, which is 15 stories, as you know. That goes to the corner
of 27th and Tigertail. The Grand Bay Hotel, as another
structure, but it legally also goes 13 stories up here. We have
on the west side of 27th Avenue an apartment building here which
is currently four stories. We have an apartment building on Day
and 27th and Tigertail built by the Green family some years back
as you'll recall, which is six stories. Assume that we are given
the grant of zoning request, which we're making today to rezone
this property to RO-2.1/6, and assuming we build it up to
maximum, the most that this particular proposed site will be able
to build, according to the FAR, LAC, and other restrictions, is
to a three or four story facility. That's what we're talking
about. You will recall that just last month the property
immediately to the east of the subject property on 27th Avenue
and Tigertail was rezoned to the same zoning that we're seeking
here this morning, to RO-2.1/6. That, as correctly stated Mr.
Whipple, is a planned facility. This cannot be a planned
facility because of the size restrictions. So it's being rezoned
without the advantages of a planned development and there are a
few at 2RO-2.1/6. I have shown here in the land use plan all of
the structures which surround this particular intersection. It
is by far, I think the intersection that is most notorious for
its height, size, and so forth in Coconut Grove. The particular
facility that we're requesting is ideal for this site for a
number of reasons. Let me go into those. One reason is you've
already granted the zoning across the street to RO-2./6, which
makes a lot of sense. These serve as the sort of speak entrances
to the area which will be developed from Day and Tigertail
through South Bayshore, which include what's there now and the
future multi -story office complex that's planned for this area.
Likewise, when you get from Bird to Dixie Highway we also know of
the commercial development in that area. In the corner of Bird,
the west corner of 27th and Bird, there is a gas station, so
there is a corridor between Bird and Day and Tigertail, which is
unique, undergoing a number of changes, the expansion of 27th
Avenue being one of them.
Mr. Whipple: Mr. Cardenas, I wonder if I could interrupt just
for a moment.
Mr. Cardenas: I'd like to finish my presentation if I may, Mr.
Whipple.
Mr. Whipple: You're quoting zoning in error and I believe the
Commission should be aware of that.
Mr. Plummer: Mr. Whipple, you will have your time to correct any
statements if you will write down any mistakes he makes and you
can correct them at the time that you have the microphone.
Mr. Cardenas: Thank you, if I may go on with the presentation.
The statement was made by Public Works that there were two major
problems involved with this particular application. I presume
that the same statements must have been made and the zoning
request for the property across the street on the east side of
27th Avenue, which was rezoned RO-2.1/6, particularly that this
would create an increase in the use of the public utilities of
this particular lot. I have a letter here, which I have
presented to each of you from Roger Fry, the architect of the
project. Mr. Fry's letter is very short and I'd like to read it
into the record. Regarding the expected water and sewer usage
for the above properties and a comparison of this use based on
development of the property, basically, so I can go on, the
letter itself is on the record. What he did is he took the
existing zoning, as permitted, the existing zoning on these lots
and on this lot, which comes to 11 dwelling units. He then met
with Mrs. Sarah Lou, who is the business representative for Miami
Dade Water and Sewer Authority, and she gave her the information
involving consumption for single family homes, duplexes, town-
houses, and offices. He computed that information which she gave
her, this is Miami Dade Water and Sewer, and came up with the
sl 40 June 20, 1985
�,
N.,
figure that we would be consuming 3,200 gallons per day versus
3,350 gallons per day if we kept the existing zoning. So the
actual consumption from Miami Dade Water and Sewer Authority is
that the proposed project will consume less and not more water
and sewer facilities. The other point that was made, and it's a
good point, it refers to traffic. If this project is built out
to its maximum allowed density, based on the existing parking
requirements of the City of Miami, you would have a total of 74
parking spaces; a total of 74 parking spaces, which I may add are
not going to be filled all the time. I didn't bring a traffic
analyst here, because I think it's obvious to all of you in the
Commission who are very familiar in this area that if you take
the collective traffic flow on 27th Avenue, Tigertail, and Day
Avenue, if you take the singularly the traffic flow on any of
those streets, the traffic flow an additional 70 cars or so per
day would not be enough to even constitute a moderate traffic
change on the words of any traffic expert or analyst. So a
traffic analyst was not brought for that purpose, because the
traffic impact of seventy -some cars would not be sufficient to
even justify a category of moderate increase. Therefore, let me
conclude my presentation, I'll be open to any questions or
comments by stating the following. That we have, we're seeking
here the same zoning classification that was granted across the
street on 27th Avenue, the R02.1/6, that the proposed office site
in question cannot be because of the existing code restrictions
of the City, more than three or four stories in height,
approximately 70 cars to be parked there, and that it constitutes
the appropriate usage here. One last thing has to do with the
concern of the neighbors. There were two major concerns
expressed by the neighbors. One was from the neighbors and I
know that many of you in the Commission are specifically
concerned about this, there was the concern of the neighbors on
Center Street about the traffic flow which could go on to Center
Street, a residential street. We have proffered a declaration,
which the staff has or the City Attorney has, which prohibits us
from egress or ingress onto or from Center Street; so in effect,
there will not be traffic flow here. We have done a second
thing, staff and the City had earlier expressed their concerns
about the precedent which may be set for commercial development
in the area. So we went ahead and did the same thing that was
done on Virginia Street by the fire station and you may remember
that, Mr. Plummer. We created a five foot buffer zone along the
residential lines here, so that in effect there will be a
residential buffer between our project and the neighbors project.
That doesn't give us a special privilege as was stated by some.
What it does is it puts all the neighbors in the same light we
have, that they have to present their position based not on a
granted right or an automatic right, but on the merits of their
own proposal, be they worth while or not, and that's an
independent decision for you to make. But what we did do by
proffering that restriction is we accomplished the following,
that there would be no one else immediately entitled to any other
rezonings. I think we've tackled the concerns that have been
expressed by the residents, by the staff. I think what we have
here is a project which is in keeping with the development in the
intersection. I think its impact is not substantial and is in
keeping with the character here. One more thing about traffic
flow. We're quite actively working with the traffic department
at the county to see what their ultimate -and I think all of you
know that- what their ultimate conclusion is going to be as to
the flow in the intersection. We've prepared a planner project
which will be in keeping with the county proposal, and as such, I
respectfully request that you grant us our approval request.
Thank you.
Mr. Plummer: Mr. Whipple, for rebuttal.
Mr. Whipple: Not on rebuttal necessarily, but correcting the
record, the rezoning that the City Commission made to PDMU across
the street, of which Mr. Cardenas has referred to, was rezoned
from RG to RO-2.1 is incorrect in that it was zoned from RG-2/5
to RG-2/6. There is no RO-2.1 across the street from this
sl 41 June 20, 1985
project. Secondly, to further explain the RO-2.1, you may
remember this has been applied to an area of 27th Avenue north of
Bird Road on pursuant to a study done of Coconut Grove and the
RO-2.1 allows a process retail establishments, such as drug
stores, news stands, grocery stores fruit, vegetables, and
other similar types commercial establishments, not just offices
as might be conotated by the RO designation, so that would be
another fear of ours as to granting this change of zoning.
Mr. Plummer: How many members of the public wish to be heard?
Mr. George Campbell: May I offer a further comment, please, from
staff?
Mr. Plummer: Members of the public, we would ask if it is
possible among you that you get two or three spokesmen, if that's
possible.
Mayor Ferre: J.L., you can't deny, if they want to be heard.
Mr. Plummer: Fine, but we quit in six minutes for lunch.
Mayor Ferre: It simplifies the process, but we're not going to
deny you the right. You have absolutely the right to speak, all
of you, if you want to. I would only ask that you not be
repetitive, like you just heard about fifteen people on the other
side and after the third one it was all the same thing over and
over again. Try to make clear, concise statements and new
points. Did you want to add something, Mr. Campbell?
Mr. Campbell: Yes, one comment if I may. That letter that Mr.
Cardenas proffered from Mr. Fry, we were not privy to that
letter. Therefore, we could not offer proper comments or
analysis of the water and sewer demands. In addition, we have
not been privy to any proposed plans or anything else which would
indicate the number of vehicles, the points of access and so on,
which would allow us to give a better evaluation. Thank you.
Mayor Ferre: Dr. Joseph Bragga has to be in court, so I'm going
1
to take him first.
{
Dr. Joseph Bragga: Thank you, Mayor Ferre, members of the
Commission....
i
Mr. Plummer: Mr. Mayor, before you start, the policy of the
Commission is that the last speaker at noon is the last speaker.
We have here, from what I'm looking at, if they all want and of
course have the right to speak, you're talking about 30 to 60
minutes. What is the policy? Are we going to follow the policy?
Mayor Ferre: It's up to the majority of the Commission.
Whatever you all want. We will be guided also by how the public
feels about this.
Mr. Plummer: Unless it's changed, then, the last speaker will be
at noon. We'll reconvene it afterwards.
r
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
"''
Mr. Plummer: Then what you are asking me to do is to back up all
of the afternoon. See, that's the problem.
a
mt
Mr. Dawkins: I have no problem staying until 4:00 o'clock and
fir';
then at 4:00 o'clock, go home.
taf
Mr. Plummer: I have a problem. My stomach has a problem.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
s. xfi�
Mayor Ferre: Look, be patient, we'll do our best. All right,
Y P 9
„.t
Dr. Bragga.
Pv rnt'
sl 42 June 20, 1985
a'
Dr. Bragga: I live at Apogee. Dr. Joseph Bragga, 3120 Center
Street. I live at Apogee and have for over ten years and I've
lived in Coconut Grove for fifteen years and loved Coconut Grove.
Apogee, where we live, is unique to Miami. It has won many
beautification awards from the City and from the county. It, in
1977 was the National Awards Winner for houses of the year. It
has been represented numerous times in magazines, such as
Architectural Digest, Southern Living, House Beautiful. It is
one of the most beautiful places in Coconut Grove architecturally
in terms of landscaping. What is being proposed here is going to
radically change where we live. It will no longer be a
sanctuary. It will suddenly become an office area. It will
become a highly traffic prone area. This disturbs many of us. I
heard Mayor Ferre use the word before, talking to another group
in the same position we're in, he used the word protection. I
think those of us that are here are asking. We are asking for
this line to be drawn, this project not to go on, for us to be
protected. A lot of us that work there are professional people.
We work hard during the day. Like yourselves, we do important
work. When we come home at night, we need that sanctuary. We
don't need a lot of traffic. We don't need a lot of empty
parking lots at night. We don't need something that so radically
changes our neighborhood, that many of us will want to move away.
I do believe that there are many of us living in this part of the
community; the City of Miami does not need to have move away to
another place that is more responsive and conducive to our needs.
Dr. Laura Bragga, who is president of the Apogee Condominium
Association, wants to add a few words.
Dr. Laura Bragga: As president of the Apogee Association, I have
seen many different families move in and out of this
neighborhood. We are very careful in our neighborhood as to the
kind of people we want to have living there. It has less to do
with their traditional kinds of things, than that we want people
who are concerned about their neighborhood, who contribute, who
work together so that we have a neighborhood of people who care
about one another, in which there is safety because people care.
If you rezone our neighborhood so that it then introduces the
element of people who do not live there and are not a part of our
community, it changes the whole fabric of our community. We ask
that you really give that serious consideration in making a
decision.
Mr. Dawkins: What kinds of people do you accept in your
neighborhood?
Dr. Laura Bragga: People who understand that when they buy a
house in our neighborhood, they do not simply buy the property
they live in, but they also buy into a community and are willing
to work with the community at the same time that they keep their
own house in good shape and work with their neighbors so that we
all know one another and we look out for one another.
Mr. Dawkins: Where was this plan or method developed, by whom,
and how is it implemented?
Dr. Laura Bragga: It was developed by the people living in our
neighborhoods, by the years that we live there and began to know
one another and began to define the kinds of things that make a
community work.
Mr. Dawkins: How do you deny one the right not to move into the
neighborhood?
Dr. Laura Bragga: Not by any of... I think your question is
probably directed towards the kinds of things that would be
against the law, and we certainly do not deny people the right to
move into our neighborhood on the basis of any of the kinds of
things that we recognize would be against the law. We are
specifically concerned about having people live in our
neighborhood who are concerned about being a member of the
community. There are certain people whose attitude is "I'll do
al
43
June 20, 1985
6 C
whatever I want in my house and nobody is going to tell me what
to do. "
Mr. Dawkins: What is the ethnic make-up of the neighborhood of
which you speak?
Dr. Laura Bragga: The ethnic make-up of our neighborhood is
basically White and upper middle class.
Mr. Dawkins: Therefore, you have excluded the other people,
because they're not your kind?
Dr. Laura Bragga: No.
Dr. Joseph Bragga: No, that's not correct, Commissioner Dawkins.
Mr. Dawkins: I'm not talking to you. Wait now, I'll ask you
some questions if you want to answer some. Let me finish with
her, please. Give me the courtesy. I didn't ask you any
questions. Yes, ma'am, go right ahead.
Dr. Laura Bragga: I really resent your turning what I have been
saying around in a way that has nothing to do with what I'm
saying. We have never had any applicants who are Black. If we
did, we would certainly not reject someone on that basis.
Mr. Dawkins: I'm going to respect your right to resent my saying
that, if you respect my right to resent you having said it at
first.
Dr. Laura Bragga: I didn't say that at first.
Mr. Dawkins: You said you picked the people you want. You see,
you are interpreting your interpretation the way you want, and
I'm interpreting mine my way.
Dr. Laura Bragga: Under our condominium rules, we have to pass
on anyone who moves into our neighborhood to make sure that they
can pay their bills, to make sure that they understand that they
are going to become members of a community. Look, we're not
'
talking about anything any different than a city or county
government in which you hope that the residents of the community
a
have care....
Mr. Dawkins: I've asked the questions that I have in my mind;
I've asked them. You've answered them. I still am satisfied.
That's all. I know what I'm... I can go in your neighborhood and
find just what I'm thinking. No problem, but this is America.
This is supposed to be like this.
Dr. Joseph Bragga: Mayor Ferre, may I make one last comment? My
last comment is I'm sorry that we get distracted by Mr. Dawkins'
concern, but that's what he's done. I do want to say one last
thing. At the meeting that was held recently, this man over
there, this attorney had the arrogance to tell the people who
came there it didn't matter whether we protested or not, that
j
this was going to happen anyway. All I want to say is I respect
this Commission... this gentleman here.
Mr. Al Cardenas: I'd like to know... you weren't there. I'd
like to know one person here who was at that meeting, and there
are a few that said I said that. Fellow, you weren't at the
.
meeting and that's a very strong statement and I resent it. I'm
very proud of my professional ability and I utilize always the
lul
'
proper decorum. There were a lot of fine people there who are
totally against me and the project and I respected them for it.
I would like one of them to stand up under oath and said I said
what you just said.
Dr. Joseph Bragga: I would say it, I was there under oath.
w+r5l.i9r
s 1 44 , 1985
June 20
Mr. Cardenas: ... There were a lot of fine people there who were
totally against me and the project and I respected them for it.
I would like one of them to stand up under oath and say what you
just stated.
Dr. Bragga: I would say it. I was there under oath.
Mr. Plummer: Were you there sir?
Dr. Bragga: Yes, sir. I didn't stay long enough to talk
personally to this gentleman, but after hearing that comment I
left. All I want to say by bringing up that comment is I expect
the Commission to make their decision and I don't think this man
knows what you are going to do. And I have a deep respect for
this Commission that they will consider everything and that this
is not a fait acompli.
Mr. Cardenas: Let me say this if I can for the record. I made
no such statement at that meeting. There are other people here
who were at that meeting who are respectful people, who disagree
vehemently with my position and I respected them for it and told
them so. At no time did I say this was a fait accompli or made
any statement whatsoever which closely resembled it and that's a
very unfair statement that man just made.
Mayor Ferre: All right, next speaker. Yes. The magazines are
there and we will pass them out to you in a moment. Yes, sir.
Mr. Rich Heisenbottle: Mr. Mayor, Honorable Commissioners, my
name is Rich Heisenbottle. I reside at...
Mayor Ferre: All right, Mr. Heisenbottle, Commissioner Plummer
has brought up the subject that we always conclude the morning
meetings after the last speaker beyond 12. You are asking us to
stay and what in effect you are doing is you are backing up
everybody else in the afternoon and asking us to break whatever
appointments we have. And I think you have rights and we have
rights too. We all have rights. The question is how many of you
cannot return... there is no way. This is going to go way beyond
1 O'clock. There is no question about it in my mind and I think
that's beyond fairness. Now, how many of you cannot return this
afternoon? One. The rest of you can return. Two. You cannot
return either. All right, I...
Mr. Heisenbottle: I'm supposed to be in Boca Raton at 1:30. So,
I have a similar problem.
Mayor Ferre: Well, you know, I will... We will limit each one of
you to three minute statements and we will hear the four of you
that cannot return and then I will... There is nothing I can do
beyond that. We are not going to come to a vote on this at this
time. Now, I will listen to the four that cannot return this
afternoon out of courtesy to you and out of courtesy to us then
we will break for lunch. Yes, Ma'am. 2:30. We will be back...
at the rate we are going we won't be out of here until 12:30 and
we will be back to hours later.
Mr. Heisenbottle: If you were to get a little more cooperation
from our group here could we manage it at 1 o'clock then and...
because I think 2:30 is kind of shocking some of the people here.
Mayor Ferre: Well, can we meet at 2 o'clock? Anybody have any
problems with coming back at 2?
Mr. Plummer: Mr. Mayor, I doubt if we are going to manage to get
back at 2. I got quite a few meetings I can't cancel.
gl
45
June 20, 1985
UJ
Mayor Ferre: All right, so it will
the four people that cannot return
will take this up a 2:30. So, let's
be 2:30. We will listen to
this afternoon and then we
proceed that way.
Mr. Heisenbottle: I think what we have heard here from Mr.
Cardenas is a gross misrepresentation of the conditions that are
changing 27th Avenue and a gross misrepresentation of exactly
what this product is. And as a start to my conversations I would
like to pass out a little site study that I did as an architect
normally I'm very rarely against any developments. However, this
site study clarifies some of the misrepresentation made by Mr.
Cardenas and I would like to pass it out to each of you. This
study indicates the setbacks that would generally be required on
this property making only the assumption that the front of the
property would be on Day Avenue and I think what you will see
from that is that the major misrepresentation here has been that
this product is on 27th Avenue. We don't deny that there is a
change in the face of 27th Avenue and some of us feel very
positive as to the approaches and the changes that are being made
on 27th Avenue. We feel that additions, buildings, other major
structures that have gone up in the Grove have been very
positive. We are not complaining about the Grand Bay Hotel. We
are not complaining about some of the office buildings that are
on Bayshore Drive or Tigertail. These are major streets. What
we are talking about here is not an office building that will be
placed on 27th Avenue. What we are talking about here is an
office building that the petitioner intends to place on Center
Street and Day Avenue. Two of the smallest, quaintest and nicest
residential streets that exist in the Grove. Ok. We have heard
Mr. Cardenas indicate that this would be in keeping with the
character of Day Avenue and Center Street. While this might be
in keeping with the character of Tigertail at this intersection.
While it might be in keeping with the character of 27th Avenue
further south or certainly in keeping with the character of
Bayshore Drive it's ludicrous to indicate that this would be in
keeping with the character of Center Street or Day Avenue. The
character of Center Street or Day Avenue are one and two story
residential structures all reasonably expensive. Not four story
office structures. You have heard the Planning Department
indicate that this change is in conflict with the City of Miami's
comprehensive plan. We have heard that it is contrary to the
established land use. And we heard that it would create an
isolated district unrelated to the surrounding area. It would
materially alter the population density. It would redefine the
districts boundaries in a manner that would be totally illogical.
No change in the conditions of Center Street or Day Avenue can
justify this rezoning. It would adversely affect the living
conditions and the safety of all the residents for any number of
reasons. The most of which is probably traffic. It would have
negative impacts on the property values by escalating... One, by
escalating the taxes in the area due to inflated land values and
two, by the sheer misuse of the property as an office use. This
change would be a deterrent and more importantly than anything
else. This change would be a deterrent to other residential
developments in the neighborhood. One of the things that we
should do with our concern for the Grove is to reinforce the
fabric of the neighborhoods. To encourage quality development
such as Apogee or the Townscape Home Owners Association product
or the Green Company's product that exist there right now. Good
quality new residential construction. In conclusion I would like
to present for the record a petition signed by the residents of
the Townscape Home Owners Association. Which states that "We do
hereby object and protest the rezoning of the property at lot 1
South, one half of lot 12 and lots 13 and 14 of the Carnea Day
Subdivision". The petitioner request that the pending changes on
27th Avenue constitute justification for rezoning of this
currently residential property for office use. We the
undersigned would like to point out that only a sliver of this
petitioner's property is bounded on 27th Avenue and that the
majority of the property extends along Day Avenue and Center
a
Ej}r,
.
'
Street which is clearly a residential district. We urge the
Commission not to support this request since that it clearly
constitutes spot zoning and would grant special privilege to the
petitioner merely because he owns a fifty foot parcel on 27th
Avenue. Thank you very much, we appreciate it.
Mayor Ferret The next speaker that cannot come back this
afternoon.
Mr. Robert Green: My name is Robert Green. I live at 3165
Center Street. I am a real estate developer and I also live
immediately to the North of the subject property. I have two
very brief points to make today. First of all I don't think it's
good zoning what is being requested and secondly, I'm concerned
with traffic considerations. As far as the issue of good zoning,
the way I always thought of zoning is you need appropriate buffer
zones between commercial uses and residential. If you will look
immediately to the North of this property or immediately to the
West of this property you have got single family homes and it's
just non -appropriate zoning to put an office building right next
to single family homes. Secondly, there is no question Mr.
Mayor, that the complexion of 27th Avenue has changed and there
is also no question that a gas station use is comparable to an
office building use and I think you all did the right thing. I
also believe that 27th Avenue's change to office use is eminent,
but this property is not on 27th Avenue. there is a sliver that
touches 27tb Avenue. The majority of the site is on Day Avenue
and Day Avenue is a residential street. And I might add in
leading to my second point, Day Avenue is a one way street and if
anybody has ever tried to utilize this intersection it frankly
does not work at all. Right now, even without an office use.
The only way that you can legally get down Day Avenue is to
approach it 27th from the South. Excuse me. By approaching from
the North heading South on 27th Avenue and then take a right on
Day Avenue. That's the only way you can legally get into the
site. And if you start throwing in an office building use where
people have a need to approach it from so many different
directions, it's just not going to work. It doesn't work right
now. So, two very brief points. I just don't think it works.
Thank you.
Mayor Ferret All right.
Ms. Marien Aran Spinrad: Good afternoon. I am Marien Aran
Spinrad. I'm an urban planner and I live at Apogee 3138 Center
Street in Coconut Grove. As both a property owner and a City
Planner I oppose the proposed zoning change for the following
reasons: Building a commercial structure on this site will
irreparably alter the residential character of our residential
neighborhood. One of the most valued elements of living in
Coconut Grove as some of you who live there and some of you
former residents of Coconut Grove know is that we have a
neighborhood feeling in the Grove. Very many of the residents of
Coconut Grove when asked where do you live do not answer in the
City of Miami. They answer "I live in Coconut Grove". How many
people have you heard when you ask them where do you live that
say I live in Shenandoah or I live in Buena Vista. Very rarely
do you have that community feeling that we have in Coconut Grove
which we are very interested in keeping in our particular
neighborhood. I will not address the traffic questions as they
have already been addressed by Public Works and very correctly so
by Mr. Green, even though it is a point that I had to bring in my
point. I would like to address however, Mr. Cardenas talents as
an urban planner as I am not aware of any training he may have
had as competent as attorney as I believe he may be, I really do
not know what his qualifications in planning are and when he
stands there and he tells us the five tallest structures in
Coconut Grove are within the immediate area, I think he has
forgotten or not foreseen that they are separated by major
arterials from the area that he is proposing the zoning change
gl 47 June 20, 1985
from. Such major arterials as 27th Avenue and Tigertail. I
think also the 74 parking spaces that are being proposed will
either be at ground level or in the lower stories of the
structure which are not keeping with the residential character of
the neighborhood. Also, to address Mr. Hawkins's point which
I... he is looking at me rather sternly. I believe Dr. Bragga, I
forgot to mentioned when you questioned them that we did have a
Black resident in our Apogee complex about a year and a half ago
and he did live there about a year and a half upon which he sold
his property and Dr. Bragga mentioned it is not a matter of race,
creed or color who lives in our neighborhood. I a Cuban or a
Cuban American I should say and to my knowledge I have not been
discriminated upon by living in that Apogee complex.
Mr. Dawkins: May I take just a moment to respond to that? I
don't think there is any place in Miami that is as cosmopolitan
as Coconut Grove, but the lady got up and said something that
just bugged me and rubbed me the wrong way. Just like White
folks when they say you people, that means you niggers and it
irritates me. Now, whether they mean that or not that's the way
I take it. Ok.
Ms. Spinrad: Being a minority myself I know what you are talking
about.
Mr. Dawkins: All right, thank you.
Ms. Spinrad: The last point that I would like to bring is that
although the tax assessment of this particular property will
undoubtedly raise, you know, will increase if the proposed
commercial building is built the tax assessment of the
surrounding properties will more than likely decrease because the
properties will become more undesirable. We at Apogee for
example have as you have been shown live in a rather unique
residential structure which has appeared in many magazines, has
won many awards and has a rather high tax assessment property for
the ten units and once you lose this sort of private character,
the residential character of the neighborhood by an encroachment
with a commercial property right on the corner which is our only
point of, you know, access to Apogee and to the rest of the block
which is all residential. There is really no way that you can
control what goes on in that area. So, in conclusion and to save
you time I urge you to practice some prevention and let the
zoning remain as is. To listen to the wishes of your Planning
Department, of the Public Works Department and your own Zoning
Board in keeping the character of the neighborhood and in keeping
the zoning as it is. Thank you very much.
'
Mayor Ferre: All right, thank you. I think we have one more
speaker before we break. No. Yes.
(BACKGROUND COMMENT OF THE PUBLIC RECORD).
j
Mayor Ferre: All right, well, as I said I will extend the
el
courtesy to those who cannot return this afternoon to speak.
Ms. Thelma Alchauer: I can't come back at 1:30 either.
Mayor Ferre: 2:30.
Ms. Alchauer: 2:30. I have an appointment at 2:30. I'm going
to take one minute or less.
Mayor Ferre: Go ahead.
r'
Ms. Alchauer: I'm Thelma Alchauer. I live at 3100 Jefferson
Street. I'm with the Tigertail Association. I would like to
urge that you consider the need for residents and the fact that a
very small portion of this is on 27th Avenue. We are very
concerned that moderate income people be allowed to live and the
:x
Y t �
gl 48 June 20, 1985
K
i
current zoning would allow for residences...I have walked this
area very carefully. I think it has nothing to do with the kind
of people who live there. It's the kind of people that we would
like to have come in. We really need residents more than we need
office space.
Mayor Ferre: All right. Yes, sir.
Mr. Gary Archangelo: My name is Gary Archangelo. I live at 2778
Day Avenue. That would be in the SPI-3 district. It would be
lot... I guess right where the "I" is. Lot 54. Thank you for
staying over on your lunch hour also. On 27th Avenue as
mentioned earlier you will notice it's just a small parcel. The
area in blue is also owned by Mr. Taylor. We can see a domino
effect whereas he would ask that since... if your rezoning was
done he would build an office building in the yellow shaded area.
He will say well listen this is just adjacent. We would like to
have this done also. This would then lead on to other properties
and we would just completely break up the area. On the corner of
Mary... remember now, Day Avenue is one way heading from east to
west. As Mr. Green pointed out it's really only legal to come
down 27th Avenue to get into the Day Avenue. I literally break
the law must be five times a day by coming through the "Do Not
Enter" signs to come twenty feet to get to my house, because it's
impossible. Vice -Mayor Carollo had made a comment last week on
the news that the situation in the Grove on the weekends is
completely out of hand. My wife and I used to go down there
at... we would dine out every night and enjoy coming down there.
It's completely, excuse the expression, it's gone bananas. I
mean we get down there we are abused. Someone tried to take my
wife's purse off of her. This did not happen until after the
Mayfair was built. People in the Mayfair... another point, the
people in the Mayfair were not given parking places. We had
people from Burdines parking in our drive way. We have an
electronic gate. We could not get out of our drive way. We
needed to have cars towed. This parking situation is going to
extend after... if this rezoning is done is going to extend on to
our property also. With this in mind I would like you to please
keep this as a residential area complete. You know, if also
possibly if you would give us the courtesy of walking our area as
you had the other area at Flagami. Thank you, Mayor.
Mayor Ferre: Are there another speakers now before we breakup?
Let me just make one very very brief comment. You all know
because I have expressed it I think fairly consistently in the
last year and a half what my opinion is about 27th Avenue. Day
is another matter. Now, Day in my opinion is and should remain a
residential community. Now, the question is not what happens in
the blue lot that Mr. Taylor owns beyond Center Street because
there is a street between the yellow and the blue properties and
therefore, legally that does not entitle them to the same thing.
The question really before this Commission as to whether or not
that yellow lot is part of 27th Avenue and that corridor or not
and if it is and if we were to allow this request for RO-3/6
would it seriously affect the residential nature of the area
affected beyond 27th Avenue. That's the question before me. Ok.
And I just want to make that statement into the record. We will
convene at 2:30.
------------------------------------------------------------
30. AUTHORIZE CITY MANAGER TO AMEND AGREEMENT MLKEDCO FOR
PURCHASE OF LINCOLN SQUARE OFFICE COMPLEX.
Mr. Dawkins: Mr. Mayor, one thing.
Mayor Ferre: Yes, sir.
Mr. Plummer.
J. L. Plummer.
gl
49
June 20, 1985
T
Mr. Dawkins: I held up the MLK thing this morning that the
Manager needs to get passed now so that lie could bring it back in
a form that So I would like to move it please.
Mayor Ferre: The MLK?
Mr. Dawkins: Yes. Mr. Manager, on the MLK amendment you wanted,
I mean, this morning and I held it up.
Mayor Ferre: Is that Item 29?
Mr. Pereira: No, this is a... It's related to that item we want
to amend the contract between the City and MLK in order that we
could give them the money that was approved by you this morning.
Mayor Ferre: Oh, you are talking about the thirty thousand
dollars to...
Mr. Pereira: Right. We approved that , but we need to amend the
present contract now in order to do it.
Mr. Dawkins: No, no. We are not talking about the thirty
thousand dollars.
Mr. Pereira: No, no, we are not talking about thirty... this is
just a technicality to...
Mr. Dawkins: No, that's the money for them to operate for the
year.
Mayor Ferre: What item is this please?
Mr. Pereira: This is not an item listed on the agenda Mr. Mayor.
This is an item that we are bringing to you...
Mr. Dawkins: Ok. I will move to wait until this afternoon. So,
give it to the Mayor so he can study it because There is no way
you can't vote intelligently on it.
Mayor Ferre: I don't know what you are talking about. Well,
just tell me what it is and I will...
Mr. Pereira: It's an amendment to the present agreement that we
have with the MLK Corporation in order that we can then execute
the monies for the next year. It's just an amendment to get a
clause out of the contract.
Mayor Ferre: What does the amendment do?
Mr. Pereira: The amendment releases a clause that we have in the
present contract which says they would not be able to receive
anymore money and we just want to rescind that at this point in
order that we can execute the agreement that was approved this
morning.
Mayor Ferre: Do you have a paper, a document?
Mr. Pereira: I believe it was distributed. Yes.
Mayor Ferre: It was what?
Mr. Pereira: I believe it was distributed to you.
Mayor Ferre: Nestor do you have that?
Mr. Pereira: It's on your desk.
Mayor Ferre:
Does it affect anybody else other than MLK?
gl
50 June 20, 1985
:art-
.,(
)
i Mr. Pereira: Not this amendment. This amendment is specifically
for MLK.
x
Mayor Ferre: Is this it. Ok. All right.
R
Mr. Plummer: Mr. Mayor, may I ask prior to the lunch break that
the administration... my office has received a call indicating
that there is an application either been made or being made for a
half way house in the 1600 block of South Bayshore Drive. Would
you find out if there is such an existing request or if anyone
3 knows anything about it so you can report back to me after lunch?
Mr. Pereira: Yes, we will.
Mr. Plummer: Thank you.
i
Mr. Dawkins: So move the amendment.
Mayor Ferre: All right, we were talking about the Martin Luther
King amendment that's before the Commission, is there a second?
Mr. Carollo: Second.
i
Mayor Ferre: Further discussion, call the roll.
j The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-673
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
AMEND, IN A FORM SATISFACTORY TO THE CITY
ATTORNEY, THE MEMORANDUM OF AGREEMENT DATED
SEPTEMBER 13, 1982 BETWEEN THE CITY OF MIAMI
AND THE MARTIN LUTHER KING ECONOMIC
DEVELOPMENT CORPORATION (MLKEDCO) FOR THE
PURCHASE OF THE LINCOLN SQUARE OFFICE COMPLEX
WHEREBY THE SCHEDULE OF PHASING OUT
ADMINISTRATIVE FUNDING TO MLKEDCO OVER THE
PERIOD OF 1983 TO 1986 IS EXTENDED TO A
PERIOD TO BE DETERMINED BY A SCHEDULE TO BE
SUBMITTED BY MLKEDCO BY SEPTEMBER 30, 1985
WHICH MUST BE ACCEPTABLE TO THE CITY AND
WHEREBY MLKEDCO WILL EMPLOY THE SERVICES OF A
LEASING OF A LEASING AGENT AND COMPLETE ITS
AUDIT.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
WHEREUPON, THE CITY COMMISSION WENT INTO A
RECESS AT 12:24 P. M. RECONVENING AT 2:50
P.M. WITH THE FOLLOWING MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT:
gl
51 June 20, 1985
Ot 0
COMMISSIONER MILLER DAWKINS
COMMISSIONER J. L. PLUMMER, JR.
VICE -MAYOR JOE CAROLLO
MAYOR MAURICE A. FERRE
31. FIRST READING ORDINANCE. CHANGE ZONING CLASSIFICATION 2701-
03 DAY AVE & 3191 CENTER STREET FROM RG-2/5 AND SPI-3 TO RO-
2.1/6 ELIMINATING SPI-3.
Mayor Ferre: Ladies and gentlemen, we are back on Item 4. There
were some members that wished to testify before the Commission,
the Chair recognizes you.
Ms. Lucia Anton: Good afternoon. My name is Lucia Anton. I
live at 3165 Center Street and I am in opposition for the change
of zoning proposed this afternoon. Mainly for all the reasons
that were stated earlier in the morning, but mostly because I
live there and anybody that lives there recognizes the special
quality of residential neighborhood that we have. I wish you
could have taken some of your lunch time to drive by our corner
at Center and Day...
Mayor Ferre: I drive by everyday.
Ms. Anton: By Center and Day?
Mayor Ferre: No, not by Center and Day.
Ms. Anton: By 27th Avenue and Day, but you got to go in and see
this section and see exactly what it's like. In a way I have
been offended by the presentation and the way it was specified
that the zoning is logical. The change of zoning is logical
mainly because there is a token lot that's on 27th Avenue, but
all the rest is on day and on Center and I have no objection for
the change of zoning for that specific lot number one. Go ahead
and change the zoning on that one because 27th Avenue is going to
change and none us that live in the Grove are going to oppose
it, but please don't change the residential nature of our
neighborhood and don't authorize the change of zoning for the
other lots. Thank you.
Mayor Ferre: All right, thank you. Are there any other public
speakers?
Mr. Ralph Reuben: I'm Ralph Reuben. I live in Apogee II. I'm
president of it. It abuts...
Mayor Ferre: Mr. Reuben, again speak into the microphone and
thank you.
Mr. Reuben: Our small condo Apogee II abuts the blue portion of
the map on the north. It separates Apogee I from that blue
property. Our petition is in opposition to what's been said to
the reclassification. The world will little note nor long
remember, but Coconut Grove unfortunately may. This developer
because he is unable or unwilling to obtain sufficient frontage
on 27th Avenue and being a professional ball player well versed
in such techniques is staging an end play swinging around Day and
into Center Street from a narrow strip on 27th and in the process
of bringing a completely uncalled-for office building into a
comfortably clustered residential area. We all know that the
first such incursion almost invariably spreads despite pious
works to the contrary from supplicants. Of course, the very idea
of no spread is tacio admission should not be there, but whether
or not it spreads it is a grievous wound to the Coconut Grove
gl 52 June 20, 1985
I
goose that is laying all our golden eggs. If the residential
Grove dries up so will its golden ambiance. That is why these
incursions and violation of the well thought out master plan must
be nipped in the bud. The purpose of this project is admittedly
to produce a profitable tax shelter. We have no objections to
legally mandated tax strategies and certainly do not blame them
for trying, but the raise on debtra of this Commission sitting is
to control such free wheeling when it does not service the
greatest good or the greatest number. His attorneys advised the
neighborhood at an informative meeting that the property
transaction will take place whether or not you grant this
request. If so we wish no hardship on the purchaser and would
welcome appropriate residents there on, but an office building
dominating the intersection of one way Day Street and dead end
Center Street makes as much sense as one of our cottage
residences would in front of these City Hall doors. Thank you.
Mayor Ferre: All right, thank you Mr. Reuben. Are there any
other speakers? Are there any other speakers at this time?
Ms. Estelle Roth: Estelle Roth on 2778 Day Avenue. I also
oppose this change in zoning for the reasons stated. The
destruction of a neighborhood. They say that the traffic will
not... the parking will not enter out onto Center Street which
means that it will have to exit onto Day Avenue which is too
narrow and too small a street at that point only one way and
can't stand the traffic. The... I would hope that the Zoning and
Planning Board has opposed this change in zoning. It's excessive
and unnecessary. The Public Works Department opposes this zoning
change and I would hope that all you would also oppose it.
Mayor Ferre: Yes, Ms. Anton.
Ms. Anton: I just would like to submit a letter to you from one
of our neighbors who was unable to be here so you can put it on
record.
Mayor Ferre: Ok. Joanne.
Ms. Joanne Holshouser: I'm Joanne Holshouser. I live at 4230
Ingraham Highway, Coconut Grove and I'm president of the Coconut
Grove Civic Club. When we appeared before the Zoning Board on
this issue I commented on Mr. Cardenas style in these
presentations and I would like to comment on it again. Mr.
Cardenas is so good a what he does. He comes and stands before
you and he uses that soothing voice and he reassures you that he
has taken care of every possibility and that everyone is
satisfied and that only a few concerns need to be addressed and
he has taken care of all of those. Well, it just isn't so.
There are a number of concerns that have not exactly been dealt
with only in a sort of a... like his little sliver that touches
27th Avenue but the bulk of it is back there on the residential
thing. That's sort of like his arguments for this case. There
is a sliver of it that's cogent and the rest of it is back there
some place else. I love that existing land use plan. It was so
nice of him to do it, because I can't afford to do things like
that. What he is showing you there actually is exactly what our
point is. All of those buildings, some of them as you know
buildings that the Civic Club and others have supported, all of
those buildings are where they are not impinging on residential
neighborhoods. They are not shadowing. I think it's
particularly nice that he got a sort of a Southeast shadowing.
They are not shadowing residential neighborhoods. In other
words, they are not influencing residential neighborhoods. I
just love it. Think you so much Mr. Cardenas for bringing it
along it's just great. A few little problems here with it. It
is a sliver of land. As was pointed out to the Zoning Board,
once the right-of-ways have been taken care of there is very
little that can be done with that little sliver of land. We
understand that, but that little sliver of land opens up the
gl 53 June 20, 1985
possibilities of opening up a residential neighborhood and what
these people are talking about basically, they have talked about
the traffic and the water and the sewer and the other things, but
Mr. Cardenas mentions the two major concerns of the neighbors as
being the traffic flow and he can take care of the rezoning with
the five foot buffer and accomplish all these things. The one
thing that Mr. Cardenas cannot, cannot take care of and no one
can take care of is ruining a residential neighborhood. Now, I'm
going to repeat it for some of you, that if any of you stay
around long enough to hear it and stop talking long enough to
hear it. Well, I was going to... I will mention it to the three
of you that are here, two of you probably were here when this
came up. Mr. Carollo was not. A number of years ago we had a
situation on Mary Street where Florida Power and Light Company
wanted to put in a huge substation and one of the men who
commented on that was I think a sociology or something or other
professor at FIU and I loved his comment. He said it doesn't
matter how well it's designed or how well it's landscaped. It
doesn't fit in a neighborhood because it can't sit down and drink
a beer with you and it won't take you to the hospital at 4
o'clock in the morning. Now, that's what a neighborhood is. A
neighborhood is people who care about you and care about each
other they are there, right there right now. Mr. Cardenas did
his duty. He called all of us and asked to meet with us and
offered to show us plans which I don't quite understand, but he
did and I pointed out to him then that plans don't make no
matter. All that matters is you giving him the rezoning. Plans
don't matter, but he can't tell us that it's not going to change
the neighborhood to put an office building as a residential
neighborhood. And I pointed out to him then that if his clients
want to do something nice and make some money they can go in
there and put in another Apogee type development and I will
guarantee you that they will get the approval of the Civic Club
i and the Tigertail Association and I'm guessing the approval of
practically everyone of these people and the others if they will
do that. We will sit down with them and think about it and talk
about it and say hey, let's let them have a beautiful development
unit there. Let them win a prize for the City of Miami, for
Coconut Grove and they will sell it. They will sell it
immediately, because there are people who want to live in
neighborhoods. That's what we are asking. And I will point out
to you that Mr. Cardenas has been before us before. 27th Avenue
is very familiar to him now. Well, it's very familiar to me too
and I don't want 27th Avenue torn up and I also don't want to
look at other little pieces of property in Coconut Grove where
there is one little sliver of land that goes to the heart of a
residential area and one of them I'm concerned about already...
there is a similar situation at Main Highway across the street
from Taurus and Randsom Everglades School and I certainly hope
that we are not going to see that as the next step in a little
office use next to a residential use that we are going to turn
the who neighborhood into an office. I ask you please please.
The reasons quoted for giving this are absolutely not germane.
Character of neighborhood is evolving into that of a commercial
artery making residential use less than desirable. That's
hotzpah. That's the orphan coming before you and claiming the
mercy of the court because he killed his mama and daddy. Well,
I'm telling you the reason the neighborhood is changing is
because developers and their attorneys are coming in here and
changing it. The other reason is in view of the changing nature
of this area from residential to commercial the proposed rezoning
would allow the development of the subject property in a manner
compatible with such change. Well, what we are saying is we
don't want the change. Let's quit the change right there. Thank
you very much.
Mayor Ferre: All right, thank you Ms. Holshouser. We have a and
for the record, because Ms. Anton did not identify it. The
letter is from Louis C. Jamerson of 3165 Center Street #3,
Coconut Grove, also protesting and opposed and I will submit it
gl
54 June 20, 1985
to the record. Are there any other speakers. All right, Mr. ...
Yes, sir. One more speaker.
Mr. Raphael Vadia: My name is Raphael Vadia. I live in 3130
Center Street and I am very much against the new development for
all the obvious reason that we would like to keep our
neighborhood a neighborhood, not a commercial area. That's all I
want to say. Thank you.
Mayor Ferre: All right, thank you, Mr. Vadia. Are there any
other speakers? All right, counselor, rebuttal and Joanne
I'll... are you still here? If you need to say anything after he
rebuts I will recognize one of you as a spokesperson. Go ahead.
Mr. Cardenas: Thank you, Mayor and members of the Commission.
There are certain things which are I think a given in this
intersection and certain things which I have brought up as
necessarily as genuine causes of concern. Let m,- first talk
about the three or four givings One is that this intersection as
I stated before has become the intersection involving the tallest
structures in the Coconut Grove area. I pointed out to you that
there are nine... of the nine tallest structures in Coconut Grove
six are within the immediate vicinity of the proposed location.
The other statement which is a gimme is the expansion of 27th
Avenue of and the change of the 27th Avenue corridor and
Tigertail Avenue and the other matter which is a gimme is what I
consider to be the change in the entrance to the Tigertail
Bayshore area and that was produced by the rezoning of the
approved multi -use complex which is going to be a five story
facility. This complex here like the proposed site of my client
has in it's northeast area a residential area which is beautiful
and will remain untouched as a result of its being constructed.
Likewise we are respectfully submitting this property when
rezoned with the precautions taken and the declaration of
restrictions will impose the same restrictions as this project
did on infringement into the residential areas in this quadrant,
the northwest quadrant of this particular intersection into the
residential areas. The major areas of concern as expressed here
is the situation I presume involving Day and Center Street. I
want to restate for the record that we have eliminated ingress
and egress from this facility onto or from Center Street so that
in effect you will have less and not more traffic into Center
Street. There is no purpose for anyone in this facility going
there. Number two, the size of the structure. This is at best a
three or four story structure which is primarily a users type of
project. Number three, the concern of the residents about the
evening and safety during the evening. As you know this
particular structure is used primarily during the day time hours
and as such will have less traffic than if it were a residential
development in the evening hours and lastly and finally, I want
you to know that I know Mr. Judson the applicant personally. I
know of his project in Coral Gables and Minorca and I'm confident
that what he plans to build here is totally compatible with the
residential nature of multi -family dwellings which abound this
area and even face into Mary Street. As such I respectfully
request the request made by the applicant for rezoning and it's
to... and Mayor, if I may make the observation. We plan to
rezone the property 2.1-6 and not 3/6 which is a higher density
type of zoning. Thank you very much.
Mayor Ferre: Yes. All right, I stand corrected. Thank you.
All right does the loyal opposition want to say some on this?
Ms. Anton: Ms. Lucia Anton, 3165 Center Street. I understand
everything you have said about 27th Avenue and the entrance to
the Grove and all that and I agree with you and we all do as for
the lot that is on 27th Avenue, but other lots are strictly
residential right now. So, we are not concerned about the
ingress and egress. We are concerned about having an office
building in the midst of our residential neighborhood.
gl 55 June 20, 1985
Mr. Cardenas: If I may answer that. The one thing I forgot to
mention is what does face 27th Avenue is a full size lot. It's
not a sliver lot. It's a hundred fifty by fifty size lot which
is a buildable lot, but let me explain...
Ms. Anton: Can you fit an office building on that one lot?
Mr. Cardenas: Yes, you can. Let me explain to you what the
rationale is Ms. Anton if I may, because I didn't present it to
you. The rationale behind going to Center Street is the
following: If you build a structure, let's say half way here
naturally you would have an office structure which I think it's
certainly compatible here facing 27th and then the immediately
adjoining piece of property to the back would be residential. We
find the buffer of Center Street a much more logical change in
zoning and buffer than we do an imaginary line which cuts the two
pieces of property and that's the reason why we feel it's in
keeping and in good planning to extend it here and we feel you
certainly won't find that building when constructed to be a
detriment at all to the residential nature of your neighborhood.
Ms. Anton: It's not in keeping. It's a residential
neighborhood. An office building does not belong.
Mayor Ferre: Ms. Anton, we are now retreading all that...
everybody has said that and I think we understand. Is there
anything else?
Ms. Holshouser: I would like to point out that the lot on 27th
Avenue will be approximately forty-five feet by a hundred thirty
feet. That is the total space that is business use. The rest of
it is residential and Mr. Cardenas five foot buffer I offer to
you is like being a little bit pregnant. The line is right where
it is. You can see the line. I can see the line. That's where
we want the line to stay. There is no way you can move it over
and give us a five foot buffer. All of you men are experienced
in this. The next attorney who wants to come along and break
+
that five foot buffer is going to break it. Five foot a little
bit pregnant. Please don't intrude in a residential
neighborhood. Thank you.
J
Mayor Ferre: All right, is there anything else, because we need
to... Yes, sir.
Mr. Gary St. Archangelo: Mayor, I will make it brief. It's Gary
St. Archangelo from 2778 Day Avenue. Last Friday at the
informative meeting you inviting us to at the Grand Bay Hotel you
addressed the fact that there would be no traffic coming in or
out of Center Street, but you haven't come up with a solution how
you are going to get the traffic in and out of the building. If
you take a look we are talking forty-five to fifty feet on 27th
Avenue. That building is about four... about seven to eight feet
on to the next property which is a recent town house. It's
nothing. It's an old structure that's going to be bought and
leveled to something that's going to be there for a long time.
I'm talking on 27th Avenue. If you recall. I mentioned earlier
that the traffic coming on Day Avenue heading from east to west
is a one way street. If you take the time this afternoon when
"
you leave here Mr. Plummer or Mr. Dawkins or Mr. Carollo, when
you leave here if you were to come from the Bird Road on 27th
Avenue heading down towards the bay, you are going to get stuck
in a jam that's going to be unbelievable and if you will take a
look, the Green Company that built the six story condominium on
the corner separates that opening by about sixty feet at tops,
f
may be forty. So what happens is traffic backs up at that
traffic light at Tigertail and 27th and it blocks the
intersection of Day Avenue which is where I live. That's why I
mentioned earlier everyday when I come home at least four to five
s$
times a day I break the law and I go the wrong way down a street
Y r
x
gl 56 June 20, 1985
I? &
rf,
that says do not enter, because I will be there all night and I
would like you to if you will address where you are going to put
this traffic. I mean, how will you get in or out of the
building. I feel that may be he is going to figure that out
after he gets the zoning changed. Thank you.
Mayor Ferre: All right, I will. Will you answer that Mr.
Cardenas.
Mr. Cardenas: Quickly, I will answer it very briefly. One, as
to the traffic impact. Let me restate that the total off-street
parking which this building will occupy and I have had the
architect personally count them. It's less than ten per cent of
the parking spots, off-street parking spots already available in
this intersection in terms of measuring traffic impact. Number
two, it's true we have not yet finally designed the traffic flow
for one very important reason and there is a gentleman by the
name of Mr. Smith, I don't recall his first name at the County
who is in charge of developing the traffic flow in this
intersection on 27th Avenue. As soon as he is finished we will
know which is the best way to design it. That's the answer to
that.
Mayor Ferre: Ok. All right, now we get to the portion of
questions by the Commission and I begin by asking you, do you
have a set of plans for this building?
Mr. Cardenas: We have a set of tentative plans. Unfortunately,
we did not... we don't have them because to proffer..., although,
we would like to because we can't contract some because it's not
a planned development and on previous presentation there were
objections made and I think rightfully so by staff that I
couldn't rightfully proffer those at the meeting and so I decided
not to do so, but I certainly can on second reading, Mayor.
Mayor Ferre: All right. Let me ask you this. What your client
is proposing is an office building?
Mr. Cardenas: Yes, sir.
Mayor Ferre: And how many floors would the office building be?
Mr. Cardenas: Three or four stories. That's the maximum which
would be allowed by the Code.
Mayor Ferre: And how many square feet would...
Mr. Cardenas: It's a square feet of construction between thirty-
two and thirty-seven.
Mayor Ferre: Thirty-seven thousand square feet.
Mr. Cardenas: Yes, sir.
Mayor Ferre: Is that net or gross?
Mr. Cardenas: That is gross.
Mayor Ferre: And how many parking spaces would that...
Mr. Cardenas: Seventy-four.
Mayor Ferre: And you would provide seventy-four parking spaces?
Mr. Cardenas: Yes, sir.
Mayor Ferre: You wouldn't want any... you don't need any
variances.
Mr. Cardenas: Don't need any.
gl
57 June 20, 1985
Mayor Ferret So, the seventy-four would be on site?
Mr. Cardenas: Yes, sir.
Mayor Ferret Would the entrance to the property be limited to
27th Avenue?
3
Mr. Cardenas: I don't know honestly the answer to that and...
i
Mayor Ferret Or would you have to ingress through either Day or
Center?
Mr. Cardenas: The answer to that is I don't know until Dade
County finishes with this intersection which will be in a couple
of months.
Mayor Ferret Is the five foot buffer zone along Center?
Mr. Cardenas: Yes, sir. It's right along... well, no, it's
right along here. Center we feel it's natural buffer. So, you
don't need it to differentiate zoning categories. However, here
there might have been an argument legally as to adjoining
property owners. So, this is... The line goes parallel to 27th
Avenue and parallel Day Avenue. I have no objection including it
as to Center, but there is no legal value to it.
Mayor Ferret Ingress, egress.
Mr. Cardenas: We have restricted ingress and egress. We have
prohibited it in the declaration which we have proffered to the
City.
{ Mayor Ferret Are there any other restrictions that you have
proffered?
�•,.,
' Mr. Cardenas: We have proffered the buffer and we have proffered
a the ingress and egress into and from Center Avenue.
;t
Mayor Ferret All right, other questions? Commissioner Carollo.
Mr. Carollo: I just can't see any kind of ingress or egress on
Center Street. There is one observation that I would just like
to point out in...
Mayor Ferre: Would a buffer there... Mr. Whipple are you paying
attention?
Mr. Whipple: Yes, sir.
Mayor Ferret Would a buffer along the property line that comes
up against Center assure us that there would never be any
penetration through there of automobiles? How can you guarantee
that there not be any...
s
Mr. Whipple: Depending upon the utilization of the property
under the zoning being requested. In other words if under the
d
RO-2.1 they elect to do residential development then the abutting
five feet which he is. suggesting is not be rezoned could be
�
utilized for that residential penetration who is to be used
x
{
for...
Mayor Ferret I guess you didn't listen to my question. Let me
repeat it again. We are trying to find out different things and
we are asking questions. That doesn't mean and I hope nobody
assumes that anybody here has decided which way to vote on this
matter. What we are trying to do is to find out... what I'm
trying to do is if it goes through, if it were to be voted what
x
the maximum safeguards are on a fall back position. Now, my
question deals with how do we assure and what was does Mr.
��N t
�_
1 58 June 20, 1985
Cardenas's client as the property owner have to proffer
voluntarily to assure that there is never any vehicular ingress
or egress into Center Street. And my question is if they proffer
a five foot buffer or ten foot buffer or whatever along the
property line would that assure that that would be kept in
greenery and vegetation and that it could not penetrate.
Mr. Whipple: Mr. Mayor, as I indicated that does not give
complete assurance if the property is developed residentially.
If it is developed in office that would prohibit crossing over
that residential portion.
Mayor Ferre: If the property owners proffer voluntarily a
covenant that goes with the land that they will not ingress or
egress on Center. Ok. And if they agree and if they also give a
five foot buffer, so that there is a hedge or green area that
would be grown there, is that an assurance or could that be an
assurance that there would be no ingress or egress through Center
Street.
Mr. Whipple: Mr. Mayor, with the first part of your question
with regards to the covenant I would yield to the Law Department
as to strength of the covenant.
Mayor Ferre: Will the Law Department... Lucia answer that
please.
Ms. Dougherty: Yes, sir Mr. Mayor. A covenant would be
enforceable in a court of law to prohibit ingress and egress on
Center Street.
Mayor Ferre: Now, the question then comes regarding Day Avenue
and what you are saying Mr. Cardenas is that you don't know
whether you would be entering the property through Day Avenue or
27th Avenue because that depends on what the Traffic Department
of Metropolitan Dade is going to conclude. Is that what you are
saying.
Mr. Cardenas: That's correct. But we will obviously design it
Mr. Mayor, in a way that's as compatible as possible with the
City's intentions.
Mayor Ferre: All right, Day Avenue at the present time is one
1
way at that point, right and it goes that away which would be
from west to east, not from east to west. It goes from east to
west. So, from 27th you turn in and that's a one way going down
it. So, if the property were to be vacated through Day it would
+'
necessarily therefore, be a turn, a west turn onto Day Avenue
which is into the residential community. Now, well, let me
a
finish my question. If it gets to Mary... when you get to Mary
Street, then that person could turn South or North to get... that
person is going in an easterly direction to get on Tigertail and
then come back and then either go up 27th or go up Tigertail or
that person could do what and I won't name who it is that
' y
violates the law everyday, who turns and goes twenty feet against
traffic. Ok. I'm just trying to get my bearings on this.
Mr. Cardenas: Mr. Mayor, if I can add... assuming that traffic
flow where ever you posed this would be the same whether, as you
know, whether it's a residential or commercial development in
r
terms of traffic flow. Assuming you have this apartment building
'
here which is a six structure building. As you see it has
ingress and egress to and from Day Avenue. It also has it into
and from Tigertail, but so would this side probably have it onto
and from 27th. My comment to you also, if I may add. I think
{{
the amount of traffic, the impact that I mentioned to you is I
.,
think what the key is because whether you employ this for other
land uses, residential or office you have the same traffic flow
{
unless you decide later on to change the traffic flow. My
comment to you and I think it's a germane one is what a real
X'
,mow
gl 59 June 20, 1985
r
query is, what is a traffic impact? What I stated earlier that
this represents less than ten per cent of the parking spots in
the intersection was meant to let you know that if you take into
consideration all the cars which you now know come from Tigertail
going to Day into the Mayfair and everything else. The
additional number of cars that's minimal compared to the traffic
flow that exist at the intersection. I just don't think it's a
fair issue because if you compare residential versus office there
are not going to be that many more cars.
Mayor Ferre: Listen, how many residential units could you build
on that, Mr. Cardenas, the way it is presently zoned?
Mr. Cardenas: The way it is presently zoned, I would have 22
parking spots for residential.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Cardenas: 74.
Mayor Ferre: All right, any other questions?
Mr. Carollo: The total square footage you proposed is how much,
Mr. Cardenas?
Mr. Cardenas: Between 32 and 37 - never more than 37.
Mr. Carollo: Maximum is 37?
Mr. Cardenas: Yes, sir.
Mr. Carollo: And the highest most of you will go is four
stories?
s Mr. Cardenas: At the most.
Mr. Carollo: The building adjacent to your lot on 27th Avenue,
how many stories is that? The building on 27th - and that was
approved, not yet constructed, is five stories. The apartment
building that Mr. Green built is six stories.
Mr. Carollo: In other words, the apartment building right next
store to you is six stories.
Mr. Cardenas: That is correct.
Mr. Carollo: Okay, and the rest of them?
Mr. Cardenas: Sir, the one on Tigertail is ...
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Cardenas: Which one are you referring to? I said that the
one the Green family built was six stories. The one that is
adjacent is not. The one that is adjacent to us to the north, is
two stories. Thank you.
Mr. Carollo: To the north, two stories.
Mr. Cardenas: Two stories, yes.
Mr. Carollo: To the south is six stories.
Mr. Cardenas: Right. To the east is five.
Mr. Carollo: Five stories.
ld
.0
June 20, 1985
w.
Mr.
Cardenas:
And of course, in
this intersection, we have the
Grand Bay project.
f �
Mr.
Carollo:
Presently, how many
square feet can you
build, the
r:-
way
it is zoned
right now?
Mr.
Cardenas:
The way that it is
zoned right now ...
Roger?
'
Mr.
Carollo: I
know that it is all
residential.
4• -
t
Mr.
Cardenas:
Right.
9
Mr.
Carollo:
About 15,000?
r
l
Mr.
Cardenas:
That is right.
}
a
Mr.
Carollo:
That is including both ...
s
Mr.
Cardenas:
Because the back
is zoned, you know
for ... we
•
could
only put duplexes back there, the way it is currently
-
zoned.
Mr. Carollo: And the front lot that faces 27th, it has got a 50
. . .
Mr. Cardenas: It is 150 by 50.
Mr. Carollo: 150 by 50? The back is what size?
Mr. Cardenas: They are the same size, and it is two and one-half
lots in the back - each.
Mr. Carollo: Two and one-half? 125 by 150?
Mr. Cardenas:
That is right.
Mr. Carollo:
If you would go out through 27th Avenue, what is
the plan that
you already have in order to get cars in and out of
there? ... the
ingress and egress.
Mr. Cardenas:
As I mentioned earlier, we have everything laid
out except the traffic flow, because we are waiting to see what
the County does
in terms of the ingress and egress from 27th, and
the most we
can accommodate there, obviously we will, but we
still don't
know yet how they are going to handle the
`
intersection.
We will know within the next couple of months.
What we have
is surrendering of the facility as it will look
like, but we
don't have the site plan completed for that reason.
Mr. Carollo:
Under the 37,000 square feet, what is the minimum
requirement that the City would require in order for you to build
-e.•
that? ... the
parking space, I mean.
Mr. Cardenas:
74.
TA..
Mr. Carollo:
74?
Mr. Cardenas:
Yes, sir.
Mr. Carollo:
Which comes to approximately how many per 100
square feet?
`
Mr. Cardenas:
About one for every 500, I think.
Mayor Ferre:
Does that take up the full ground floor?
`.'
Mr. Cardenas:
No, but it will take a good part of it.
Mayor Ferre:
So, in other words, you wouldn't have that much
construction
on the ground floor, per se.
gl
61 June 20, 1985
t
7
Mr. Cardenas: That is correct.
Mayor Ferret And therefore, the 37,000, if it were to go to
that, it would approximately be 12,00 square feet per floor.
Mr. Cardenas: That is correct.
Mayor Ferret Any other questions, Commissioner?
Mr. Perez: Mr. Cardenas, in accordance with the limitations that
you have established, you will have one story less than the
project that we already approved for you a few months ago?
1
Mr. Cardenas: That is correct, and the one here from the east
side of 27th, that is correct.
Mr. Perez: But it is about ... you say it is just five stories,
no?
'
Mr. Cardenas: It is about 60,000 square feet.
Mr. Perez: And you have 37?
Mr. Cardenas: That is correct - maximum.
Mr. Perez: Maximum.
Mr. Cardenas: But the rendering we have shows 32, but the
t
clients is entitled by law to go to 37.
J
Mr. Dawkins: First I want to preface my statement by saying that
I am against Commodore Plaza. I was against the Gould multi-
level complex. I also have been over there and as you say, Day
y
Street is one way. The thing nobody has said is that 7th Street
is dead end, okay? Now, the same questions - I don't understand
the same concerns that Mr. Whipple raised concerning this
�
project, are the same concerns I raised with Kenny Myers project!
But Miller Dawkins was the only one concerned. Stand up, Mr.
Jasonl All right, now all of a sudden, I have got to go against
something that I believe in because I have got to let everybody
in this world know that you are going to be fair and square and
treat everybody equal, okay? I have said here and said that we
should not allow individuals to purchase land and come before
this Commission and then get the zoning that they want and we
give it to them. And in order to show you that we are going to
have to stop it, I am moving now that this zoning be granted and
then all of us will get together and we will understand that -
a
hey look, you people have to don't vote for us or vote for us and
we are going to have to hear you, but I make a motion now, Mr.
Mayor, that this zoning request be approved just like we approved
the one for Kenny Myers, and I had twelve concerns that were
rationalized away by Mr. Whipple, rationalized away by the
Planning Department and I am still concerned, and I am still
against that project. I am against this project, but I have to
vote for it in order to get some of us to understand somewhere
along the lines - there has got to be some kind of a unified way,
and stop developers from purchasing land first and coming in here
'
and getting zoning! Mr. Kenny Myers stood right here and said if
he didn't get the zoning, the sale was off. And we gave it to
himl No, we didn't. I didn't, I voted against it, but the
�r
majority of us. So therefore, me personally, I make the motion
that this zoning request be approved on first reading and that
you come back explaining to me how you are going to get traffic
g�
off of 27th Street into your project, and how you are going to
get on Day Street off your project, and that if you stay below
three levels - you don't go above three levels ... that is my
R
motion, Mr. Mayor.
Mayor Ferre: All right, is there a second to that motion?
ld 62 June 20, 1985
-
Mr. Perez: Second.
a
Mayor Ferre: All right, under discussion.
Mr. Carollo: Under discussion, what I would like to ask the
maker of the motion, is if he could make two amendments to that
motion. One is that ...
Mr. Dawkins: I will accept amendments that Commissioner Carollo
is making, but I want them to make them so lie can ...
Mayor Ferre: I think they have to be volunteered.
r.
Mr. Carollo: No, no, what I am saying is, if the maker of the
motion would accept some amendments to his motions. Of course it
is going to be volunteered. One is that ingress and egress would
be limited to either 27th Avenue or Day Avenue, not Center
Street.
Mr. Dawkins: Yes, nothing on Center Street.
Mr. Carollo: And the other would be that they would increase
parking spaces by 10%.
P
Mayor Ferre: Reduce parking?
3
i
Mr. Carollo: Increase parking by 10%.
Mr. Dawkins: I will accept those amendments.
Mayor Ferre: I am sorry, I didn't understand that.
Mr. Carollo: Increase parking by 10%.
1 ..
Mayor Ferre: Increase parking?
Mr. Carollo: By 10%.
Aa:
Mayor Ferre: Rather than 74?
Mr. Dawkins: 7.10 Add 7.10.
Mayor Ferre; I see, okay.
Mr. Dawkins: So they have to go with 81 parking spaces.
Mr. Plummer: 81 and one-half.
i
Mr. Carollo: We are talking about 7 more parking spaces from 74,
10% to 81. I think that would protect a little more the fact you
are not going to have people parking in the outside of the
building.
£'
Mayor Ferre: All right, will the maker of the motion accept
this? Will the seconder accept them?
Mr. Rodriguez: Could I put something on the record to make sure
that it is clear? The Planning Department, in relation to the
Ken Myers project, recommended against it, the same way we are
recommending against this project, so consistently, we have been
having a position against increasing density in this area.
`i
Mrs. Dougherty And also, Mr. Mayor, could I put on the record
that we are not attaching conditions. These are going to be
voluntary covenants.
x
Mayor Ferre: Of course, they have to be. As I understand it,
E
the attorney, he said he was going to volunteer those.
ld 63 June 20, 1985
Mr. Cardenas: Yes, as I understand it procedurally, so we keep
the technical aspects of it clean, as I understand it, there is a
vote being taken on first reading - there is a motion being made
to approve the zoning request, acknowledging the declaration
which has already been proffered and I am to understand that by
second reading, I will certainly proffer a declaration - a second
one, or modify the first one, to include the items of concern
here. Is that ...?
Mr. Dawkins: And I suggest you get with the neighbors and see if
you can modify that.
Mayor Ferre: All right, there is a motion and a second? Further
discussion?
Mr. Carollo: With the attached amendments.
Mayor Ferre: With the attached covenants, and as amended.
i
Mr. Cardenas: Yes.
Mayor Ferre: Call the record.
Mrs. Dougherty: There are no amendments. Let the record ...
3
p
Mr. Carollo: Right, no amendments, just ...
Mrs. Dougherty: With the concerns expressed.
Mayor Ferre: All right, the amendments to the motion, which were
accepted by the maker, therefore there are no amendments, because
they were accepted in the motion, no?
Mr. Plummer: That is true.
Mrs. Dougherty: That is right.
Mayor Ferre: He made a motion ... there are no amendments.
'
These are proffered. I understand. I stand corrected. Okay,
now, are we ready to vote? Yes Ma'am?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Plummer: You will find out in about two minutes.
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 LOT 1, CORNELIA M.
DAY'S SUB (3-16) FROM RG-2/5 GENERAL
key
RESIDENTIAL AND SPI-3 COCONUT GROVE MAJOR
STREETS OVERLAY DISTRICT TO RO-2.1/6
RESIDENTIAL -OFFICE, ELIMINATING THE SPI-3 AND
BY CHANGING THE ZONING CLASSIFICATION OF THE
SOUTH 1/2 OF LOT 12, LOT 13 AND LOT 14
CORNELIA M. DAY'S SUB (3/16) FROM RG-1/3
a.;
GENERAL RESIDENTIAL (ONE AND TWO-FAMILY) TO
RO-2.1/6 RESIDENTIAL -OFFICE ALL OF SAID LOTS
BEING GENERALLY DESCRIBED AS 2701-03 DAY
AVENUE AND APPROXIMATELY 3191 CENTER STREET,
-:
MIAMI, FLORIDA; MAKING FINDINGS AND BY MAKING
ALL THE NECESSARY CHANGES ON PAGE NO. 46 OF
SAID ZONING ATLAS MADE A PART OF ORDINANCE
'y
NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, THEREOF; CONTAINING A
z} w
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
ld 64 June 20, 1985
Was introduced by Commissioner Dawkins and seconded by
Commissioner Perez and was passed on its first reading by title
by the following vote-
x; � AYES Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
NOES: Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT: None.
ON ROLL CALL:
Mr. Dawkins: I am voting "yes" and voting "yes" I am voting
against my principals, but as I said before, I am not going to be
the one who votes against the first guy who comes in here and do
wrong like the White folks and be Black, and I am not going to be
the one to vote against it, although it is wrong.
Mayor Ferre: Let me explain my vote so we understand what my
position is on this. I think it is a very marginal matter as I
see it and I can vote either way just as easy. I told Mr.
Rodriguez (I don't know where you went) about two, three years
ago, you have heard this before, when Mr. Rosenberg came before
us on this office building, I said then, I said, as now, I voted
no - it was a 5 to 0 vote on this Commission. You were all here,
you all voted no. I hated to do it, because Mr. Rosenberg is a
good friend of many years, but I couldn't vote with him, and I
voted no, and I said then 27th Avenue is going to end up being
six lanes. It is a major commercial arterial. It is the main
entrance to Coconut Grove. It is going to become the main
entrance and I predict it is going to become almost the only
entrance 10 years from now. It is going to be where everybody is
going to come in to Coconut Grove. Now, you better start
thinking of it and you better plan for it and do it
appropriately, deliberately, carefully, and thoughtfully, because
if you don't, it is going to happen the other way. It is now
happening the other way! I have said it again and again and
again. We now have Grove Gate, which is going to be, with all
due respects to my good friend Manolo Vergada and the Blanco
Family is going to be a monstrosity in magnitude, size, and the
whole thing. It is going to connect right to Metrorail, and then
you got the other projects that are going and now you have got
Charlie Gottlieb and Ken Myers on that mixed thing, now you have
got this one coming. I guarantee you that it is going to keep
right on going, right down Bayshore Drive, and it is happening
right before your eyes, very quickly. I don't know ... I know
you didn't have planner before and six months ago we were five
planners short. I know you are underway doing this study. I
would recommend to you sir, with all due respects, I am not
blaming you, because I think you are doing one tremendous job for
this City and I am very proud of the work that you do and I say
that we are second to none in the departments that you have got
here and you have taken on hold of those things. I would say to
you, you need to double up in size. You need more money, more
planners, you need to go the outside. You talk to your boss, the
Manager. You come before this Commission, because I don't know
about the rest, because I will be voting with you to do that
before there is nothing else to plan, because we are almost
there. Now, having said that, the issue for me, in this
particular case is not 27th Avenue. If this property were the
other way around, I would be voting with it. My hesitation on
this is the impact that it has, not so much on Day Avenue, but on
Center Street, and I would like ... I may vote with this next
time - I am going to vote no today because of that - I may change
my vote next time if I am satisfied that we can put a strong
barrier, and think that is more than five feet - I think you need
to dedicate more than five feet along Center, and commit also to
ld 65 June 20, 1985
i
spend the money to put sufficient heavy foliage and vegetation to
assure that Center Street will not be penetrated and the second
thing is that if we can be assured that along with the two story
building next to you, the entrance would be along 27th Avenue, in
an out, then I would feel a little bit better, because I would
then hope that you would proffer voluntarily the same kind of
restrictions along Center and along Day. From the neighbor's
point of view, the ingress and egress were that way, an office
building in effect, from a vantage point of activity, I think
would be less obstructive than an apartment project in that
particular area. Again, my concern is not whether or not 27th
Avenue is going commercial. It is commercial, and it is there
already. My concern is the penetration that this does into the
residential neighborhood. I do want to leave on the record, so
that if we get into law cases in the future that at least, even
though I am voting no on this, I do want to leave on the record
that I don't think there is any precedent established here
because there is a street, which is Center Street; therefore I
don't think anybody else along Day would be entitled to the same
consideration that is being granted here by the majority based
on the premise that it is off of 27th Avenue, not based on the
premise that it is on Day Avenue. Having put that into the
record, I vote no on first reading.
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of the
City Commission and to the public
Mrs. Joanne Holshouser: May I make one request, please?
Mayor Ferre: Yes, Ma'am.
Ms. Holshouser: I would like to say that I agree with you. You
have been asking for several years for the 27th Avenue study. I
3 have been asking for it and you are absolutely correct about what
this has brought us to. The failure to have it while the Coconut
Grove planner was involved with developers in planning other
things sometimes in private meetings, ate up a lot of the time we
could have been doing this. I would like to ask you or the
Commission ...
i Mayor Ferre: Wait a minute. Joanne, I've got to stop you,
because out of fairness ... you are implying Jack Luft in this,
aren't you? Yes, I've got to tell you, out of fairness to Jack
Luft, and I don't want to get into the Administrative process,
since this has all happened since Jack Luft has been taken out of
Coconut Grove, let the record reflect that.
Ms. Holshouser: He is still present at meetings concerning
Coconut Grove development.
Mayor Ferre: But he has nothing to do with the Planning process,
so I think it is unfair to lay it on Jack Luft, who in my
opinion, has been the strongest and most sincere and hardest
fighting advocate of keeping the Grove the way it is. Don't
blame it on Jack Luft. That is unfair.
Mr. Holshouser: I wasn't blaming and I am pointing out that he
had time to do other things, sir. I would like to ask that this
Commission and or the Manager right now, today, institute some
sort of study to protect us from the other incursions. You have
before you today a replat on Hardy Road. I can't do anything
about it. It is useless of me to ask you, because it is in a
neighborhood that is - some of the lots are 50 feet and they have
a right to ask you to plat 100 foot lots. It has been 100 foot
lots for I don't know how many years. If you are going to replat
it to two - fifty foot lots, they are going to build two houses
on it, okay? But there are going to be other places in the Grove
that are going to be subject to same thing we seen today and I
beg and plead with you, do something today to stop it. I am
ld 66
June 20, 1
r
terribly concerned about Main Highway. Across the street from
the Taurus Restaurant there is one tiny little sliver of property
that is for sale, which is a grandfathered use, and next to that
there is a residential use. Don't let's come down here before
you in one month or six months or a year, and find out that that
} is the next sliver of land that is in a residential development.
Let's don't march down Main Highway. Let's don't march down the
streets behind Grand Avenue. I know the people are buying up
those pieces of property. I know that! Please do something!
Start the ball rolling today and let's tell people you can't buy
land and then go next door and get a transitional use or a
grandfather use and rezone Coconut Grovel
Mayor Ferret What is it you are asking?
Mrs. Holshouser: Just that! Is there any way that you or the
Manager can say today, "Put somebody on it"1 I mean, I came last
month. I asked you ...
Mayor Ferret Joanne, you know, you are talking in platitudes and
things of ... what specifically here are you asking us to do?
Mrs. Holshouser: I am asking you to designate one or two people
in the City of Miami who are experienced in planning and law who
will sit down with us and figure out how do we keep Coconut Grove
from being rezoned away from being a residential community?
i Where does the line get drawn that we don't have attorneys coming
in here for clients and rezoning Coconut Grove? I don't think
that is a platitude. I think it is very clear. I've seen it
happening for 20 something years nowl
Mayor Ferret It is a nebulous ...
Mrs. Holshouser: What is nebulous about it?
Mayor Ferret We have to get to the concrete aspects of it and
not leave it ... because otherwise we will be here next month and
next year and three years from now, and you are making the same
statements that you have been making for the past ten years.
Mrs. Holshouser: And maybe if somebody had listened, we wouldn't
be rezoning so many lots now. I've given you a concrete piece of
property.
Mayor Ferret Would you name me any neighborhood in Dade County?
Mrs. Holshouser: I don't have time to go anyplace but Coconut
Grovel
Mayor Ferret I don't know of any place - you know, I am going to
tell you something, because we go through this twice a year,
okay? When Dan Paul brought that fellow from New York who was
the zoning expert in New York in that Brickell Avenue ... I
forgot what it was that they were ... was it Tishman -Spire and
this was a very nice gentlemen who had served for 30 years as the
human being in New York City, expert in zoning matters, and I was
shocked when he said to me "Mr. Mayor, I have been involved in
zoning in New York City since 1953. I am the definitive person
and consultant in New York on all major zoning matters. The City
of New York had 13,000 zoning changes since 1953. These are
zoning laws, not variances. The variances are in the hundreds of
thousandsl" Now that is the City of New Yorkl And I want to
tell you that, unfortunately, you know, it isn't Coconut Grove,
it is everywhere these things happen. Now, what I am trying to
do, is see if we can get this planning study so that we can do
along 27th Avenue, Joanne, what we did along South Bayshore
Drive, which ...
Mrs. Holshouser: Well, you have already said it is too late for
27th Avenue, so if you want me to be concrete, and you don't
Id
67
June 20, 1985
understand what 1 was saying, I will be concrete. Could we
a please get someone to study the corner of Main Highway across the
street from Ransom -Everglades School and the Taurus Restaurant so
that the little place will not be up for rezoning pretty soon,
a because there are two pieces of property for sale, and we don't
want that to go business.
Mayor Ferret All right, Sergio?
Mr. Rodriguez: Mr. Mayor, in relation to the story that you are
referring to, it will be going before the Planning Advisory Board
if we get everything else that has to be finished by the last
meeting in July, and we will be meeting with the residents of the
.
Mayor Ferret Good. Would you address yourself to specifically
to the property that Mrs. Holshouser has been mentioning, which
is across the street from Taurus: That is where June has her
little pink house and the other piece of property. I don't know
what if anything, legally here zoning wise we can do.
Mr. Rodriguez: There is nothing we can do at this moment.
Mayor Ferret I don't think ... you see, the reason why I have
problems with these things Joanne, since we do live in a country
of laws and procedures - how do you stop somebody, June, or
anybody else (June Ackerson) and she was here just a little while
ago, I saw her this morning - from selling her property and
having some real estate guy and some lawyer come here and
rezoning it? How do you stop people from doing that, legally?
jMrs. Holshouser: We can't - you can You can start voting
against them, voting not
Mayor Ferret Well, what did I just do this morning?
Mrs. Holshouser: I am not talking to you alone. I addressed my
remarks to all the members of the Commission and anybody in the
City. I don't know who else to go tol
Mayor Ferret He voted no on the one across the street.
Mrs. Holshouser: And we fought that.
32. STREET CLOSURE: PORTION OF N.W. 5 AND 6 AVENUE, N.W. 5
COURT, N.W. 11 TERR. AND N.W. 12 AND 13 STREETS. (Dade County
School Board)
Mr. Dawkins: Mr. Mayor, we have our colleagues, Mrs. MacAlily
and Mr. Turner here on Item 5. Janet?
Mayor Ferret The next item of record is Agenda Item 5.
Mr. Plummer: Mr. Mayor, I might be able to short circuit
this
for you. The reason that I asked this come before
this
Commission today as a public hearing was to give everyone
the
opportunity, the neighbors and the like, to come forward if
they
had any opposition and so state it. I did that for the
very
simple reason that this Commission, by the School Board, and
I
must attribute it to the School Board, was tricked, and I
can
call it nothing else, when in fact, Edison School was built
adjacent to the I-95. It was fully explained to us, that
the
closing of that street was for the purposes of construction.
and
without this Commission knowing - it was a temporary closing
suddenly permanent barriers went up and that street was closed.
There was never a public hearing held to close that street
on a
�s
Id 68 June 20,
1985
permanent basis. Needless to say, the neighbors came down here,
when they found out that it was a permanent closing and wanted to
roast us in oil, and we were caught flat footed, not knowing -
that in fact, it was understood that the closing of that street
was going to be permanent. I demanded so that history did not
repeat itself, that the opportunity be given, public notice be
given - if anyone of the neighbors of that particular site wanted
to be heard by the Commission, this would be their day and their
time to do so. After that opportunity has been provided, I will
be happy or join with the rest of the Commission in voting to
close that street, but I would not do it without a public
hearing, so Mr. Mayor, if you want to short circuit, because I
was the one who brought it forth, ask if there are any objectors,
let the record reflect that there were none, and I am ready for a
motion.
Mr. Dawkins: So moved.
Mr. Carollo: Second.
Mayor Ferre: Wait a minute.
Mr. Plummer: Wait a minute, let's find out if there are
objectors.
Mayor Ferre: Are there any objectors present that wish to be
heard?
Mr. Plummer: For the record, to the Department, it has been so
duly noticed that this was a public hearing.
Mr. Rodriguez: This hearing has been noticed the same way, sir.
Mr. Plummer: Thank you, sir.
Mayor Ferre: I would like to recognize that we do have in the
audience several distinguished public servants besides Janet and
Bill Turner.
Mr. Dawkins: What, that gentlemen standing up?
Mayor Ferre: We have Representative Jeff Reeves and we also have
Mrs. Athalie Range and we are always happy to see all of you
here. All right, at this time there is a motion by Mr. Plummer,
seconded by Commissioner Carollo. Is there further discussion on
the motion? ... on Item Number 5. All right, call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-674
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF A PORTION
OF NORTHWEST 5TH AND 6TH AVENUES, NORTHWEST
5TH COURT, NORTHWEST 11TH TERRACE AND
NORTHWEST 12TH AND 13TH STREETS; ALL AS A
CONDITION OF APPROVAL OF TENTATIVE PLAT
#1240-A "BOOKER T. WASHINGTON JR. HIGH".
(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-
ld 69 June 20, 1985
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
f
NOES: None.
ABSENTt None.
Mayor Ferre: Bill, while I have you here, just let me tell you
that ...
a
Mr. Plummer: The easiest item you ever handled, Billl
Mayor Ferre: I will be going on the record on behalf of Mrs.
Smith - I am writing a little letter - who is a school teacher
that has been dismissed, and I think rather unfairly, and I just
wanted you to know that I will be writing a letter into the
record. That will come up before you on July 24th.
Mr. Bill Turner: Well, I would appreciate that, but I have not
had an opportunity to really read the testimony that was taken on
that case. That cases was one of longest cases that we have ever
had on any teacher in the system. It lasted four days, and so
this ...
Mayor Ferre: All right, I understand and I am not trying to
interfere in your internal problems.
Mr. Turner: I understand that, but what I want to tell you, Mr.
Mayor, is that today is your birthday, and I want you to have a
happy one, and thank you very kindly.
--------------------
---------------------------------------------
33. DISCUSSION: LIBERTY CITY SUBSTATION CONSTRUCTION SCHEDULE
AND DISCUSSION OF MINI STATIONS ELSEWHERE.
-----------------------------------------------------------------
Mr. Dawkins: Mr. Mayor and fellow Commissioners, for almost two
years we have been trying to build a substation in Liberty City
and we have everything ready and for some reason we don't seem to
be able to move, so I want to make a motion. Mr. Manager, what
is it that we need to do for you to have a ground breaking in
October?
Mr. Pereira: There are three items on the agenda today, which
`
relate to the substations, Commissioner. One is a presentation
to the final selections of the site and two items I believe is 19
�r.
and 20 are for the approval of the selection of the architects.
What we need is action on your part.
Mr. Dawkins: Okay, now, if we do not agree on the two sites, I
would like to hear from the Administration. Is there any
problems with the Liberty City site?
Mr. Pereira: We are making a recommendation.
Mr. Dawkins: No, no. May I have an interpreter, please?
¢ P
Mr. Plummer: There is only one site.
Mr. Pereira: There is only one site. We have one site we are
J;
recommending.
`k
r
Mr. Plummer: How can you have a problem?. One site in Liberty
{h..,..'..
City.
ld 70 June 20, 1985
Yr
1
Mr.
Dawkins:
Okay, well why did he tell
me lie has a problem?
i
Mr.
Pereira:
Well, I don't ...
Mr.
Plummer:
Selection of an architect.
Mr.
Dawkins:
All right, go ahead then.
I move that ...
Mr. Pereira: We have no problem. We are making a recommendation
of the one site in Liberty and we are also asking ...
Mr. Plummer: Which number is Liberty City?
Mr. Pereira: It is on the report.
Mr. Plummer: 19?
Mr. Dawkins: 19.
Mr. Pereira: I believe it is 19.
Mayor Ferre: What item is this?
Mr. Plummer: 19.
Mayor Ferre: No, it is 12.
Mr. Dawkins: No, Item 12 first.
Mr. Pereira: Item 12 first, right.
Mr. Plummer: Move it.
"rrK
Mayor Ferre: Wait. Let me express an opinion. Discussion on a
proposed police substation. I am in concurrence with Miller
Dawkins with regards to the station in Liberty City. I do,
however have serious misgivings about substations in the Little
.y
a
Havana area and I want to express myself on that. I think we
`..
would be better off and this is just an idea that I have with
many mini -stations, one in Flagami, one in Little Havana, one in
Wynwood, one is Allapattah and I think with the same amount of
'
money we could spend those monies and serve those communities
best. Now, the Liberty City substation is a different matter.
The substation in Liberty City serves the community and it serves
the economic redevelopment along 62nd Street. I think the
'-
-<
circumstances are different there then they are for example, in
Coconut Grove. I would recommend that we have a mini -station in
Coconut Grove. We need a substation in Coconut Grove. I would
recommend, Mr. Manager, that we proceed with a substation in
Liberty City and that we have, that we think, or restudy, and do
mini -stations. The difference between a substation and a mini -
station is that a substation is a complete duplication of a
9_._.
station with everything - files, criminal investigations,
t.�
detectives, record keeping, regular duplicating equipment,
holding cells. It is a police station, except that it is a small
one. Those things are very, very expensive. A mini -station does
,j
the following - a mini -station is a station where police officers
are present. There is a holding cell. There is a place where
there is a sergeant and police officers are operating out of, but
it doesn't totally duplicate the Police Department and I am just
bringing this up for discussion at this time.
Mr. Plummer: Mr. Mayor, I don't disagree with you, all right
�rtY
sir, but what I think is a disagreement is the fact that you
can't do it without going back to the voters, okay?
7
Mayor Ferre: That may very well bel
`.,
Mr. Plummer: Now, let me read to you, because it is very clear.
ld 71 June 20, 1985
d
Mr. Carollo: You can't do one without the other.
Mr. Plummer: No, they both have got to be the same, Joe, but it
says what was presented to the voters was ... and this is the
terminology: "A full service police substation in Liberty City
and Little Havana.
Mayor Ferre: I stand corrected. Let's go.
Mrs. Dougherty: No, that is not true, J. L.
Mr. Plummer: I am reading from this, now ...
Mrs. Dougherty: That is not the ballot question.
Mr. Carollo: I think that your concept is good, Maurice, but the
problem is that City of Miami just is not that big to have so
many mini or substations, whichever way we want to call them.
Mayor Ferre: Well, there is a big difference, big difference.
Mr. Carollo: Well, there is a difference, but you are still
talking about having "X" amount of police officers stationed in
an area.
Mayor Ferre: That is not what is expensive.
Mr. Carollo: Well, I know it is expensive - the land, buy the
land, it is staffing the whole office.
Mayor Ferre: That is itl What is expensive is not the land or
the building.
Mr. Plummer: Staff.
Mayor Ferre: It is the staffing because a substation functions
completely as a police station. There is no difference.
Substations have a detective bureau, it has criminal ... it has
narcotics, it has a little laboratory, it has offices with files,
record keeping, the whole thingl I mean, it is a police station.
Mr. Dawkins: Mr. Mayor, people in that area have voted for bond
issues every since you have had them and the people in that area
passed bond issues on promises. Up comes the police bond issue.
It was passed and the people in that area were promised a police
station. Now, when are we going to keep our promise to people
who helped pass these bond issues? I move that whatever
Commissioner Plummer thinks and as he said, let's get the station
going.
34. APPROVE CONSULTING FIRMS FOR PLANNING AND DESIGN OF POLICE
SUBSTATION FOR NORTH DISTRICT - LIBERTY CITY.
Mr. Plummer: I move Agenda Item 12.
Mayor Ferre: That is a discussion item, Commissioner.
Mr. Plummer: Oh, okay.
Mayor Ferre: I think you mean Item 19.
Mr. Plummer: 19 first. I move Item 19.
Mr. Dawkins: Second.
ld
72
June 20, 1985
Mayor Ferre: All right, there is a motion on Item 19 and it has
been seconded. Is there further discussion? Yes? You have a
right to speak, sir.
Mr. Ron Frazier: My name is Ron Frazier, my address is 5800 N.
W. 7th Avenue. My item of concern with Item 19 is as follows,
and I have written to the City Manager to discuss the merits of
when you have a selection process that you go back and review the
process just to see how you evaluate it in terms of its strong
and weak points. There are three items on the evaluation sheets
that I have some problems with and that has convinced me that
this process has still not bias free. On close examination of
the scoring sheets alerted me to the following inconsistencies,
which are graphically depicted on their facts chart. The first
item is creativity and skills. The scores were evaluated Number
4, Number 8, Number 9, these were derived from misinformation, or
from subjective bias, which is the anonymity of the process
encourages. That means they don't put the names on it, so
therefor you can't challenge it. Their scores differ too
markedly from all they have evaluated and I will explain that on
that chart. The second item is experience, and I have a big
problem with this category. Item (I) under experience -
collaboration with City owned current or recent projects, deduct
up to ten points. I have constantly fought this battle with this
City Commission, Administration and other people in this town,
about how much work I have had with the City of Miami. I have
been assured repeatedly that this category refers to recent work
completed in the last five years as prime consultant to the City.
This understanding was recently verified by the Chairperson of
the Selection Committee. Regrettably, this knowledge is not
universal. Frazier and Associates has had only one prime
contract with the City of Miami and that was the Coconut Grove
Exhibition Center roof expansion, January, 1981. The other
contract I have had with the City has been an urban planning
contract which is a $4,500 purchase order for the Park
West/Overtown which was done in conjunction with Wallace,
Robinson, Todd. Yet, evaluators 1, 2, 3, 4, 8 and 9 deducted
points from my score, points which had considerable influence on
the final ranking. My point is that if you are going to consider
jobs that I have had as a lower tier subcontractor, as having
worked with the City, then we are going to have to deal with the
landscape architects that are on these teams and the engineers
that are on these teams that also have had work with this City
and points are not being deducted. It was up to seven points
deducted from me from this category and I have attached a letter
that was written explaining exactly the work I had with the City.
The next item is team organization. Only one item under that -
location of primary work area. The criteria says that if your
office is located within the City of Miami. My office is located
within the City and it is five blocks from the site. Yet,
evaluators numbers 4 and 8 deducted points for location of
offices. I cannot understand this inconsistency, or error. The
biggest gripe I've got is minority participation. My team
composition for the Model City's police station is tri-ethnic and
j is as follows: Frazier and Associates is defined as a Black
firm. Kamis and Grenada, mechanical a Latin and a White firm.
One partner is Latin and one partner is White. CMS International,
cost estimating, Latin. Mike Noble structural, White. All the
landscape, White. Staff composition was 30 persons - 10 Black, 7
White, 12 Latin, 1 Oriental, and of that 30, 8 are female.
Evaluators 1 and 4 saw fit to award my firm only 10 points of a
possible 15 in this category. This judgment call raises the
questions of what is minority participation and whether the
committee members are adequately briefed on definitions of their
applications before the interviews began. I am extremely
concerned that certain committees are ignoring responsibilities
of their rolls are using this anonymous nature of processing to
vote preferentially with substantial bias - some even going so
far as to low ball my firm in every category and I can be
substantiated on that charge. My recommendations at this time of
ld
73
June 20, 1985
Mr. Pereira, is that the City Manager throw out these erroneous
evaluations and establish a new committee for the evaluation of
the selection process, and I suggested some names to that - the
Manager himself, the Chief of Police and the special project
manager, John Gilchrist. I respond to the City of Miami's
R.F.P.'s in good faith and I am disillusioned as to the ability
of the system to work responsibly. My recent similar experience
with the City on the Fire Station and Fire Garage is an example.
I let that one go. This is my third time. The first one was on
the reuse of Fire Station Number 4, which was a development
project which I came before this Commission and my team was low
balled in certain categories and we proved it on the record
sheets. The second one was the Fire Garage and I looked at those
evaluations and it was no way under this earth that I should get
three last place votes as the rate of that presentation. on this
one I got low balled two last place votes and there was no reason
for that. Now, if I am going to continue to be systematically
excluded from this process, then you ought to let me know, and I
won't waste my time. I want to know specifically why I was
evaluated the way I was in certain categories. Now, I am not
arguing subjective evaluations. I am talking about three items
that are concrete. You cannot deny that my offices are in
Liberty City and five blocks from the site, so there should be no
points deducted. You can't argue minority participation as it
relates to the definition of these views here and I want to know
why evaluator 1 and 4 deducted 5 points and I want to know why I
was deducted points on having a lot of work from this
organization, which I haven't hadl Now, if we are going to play
by the rules, I have went through each of these firms and I list
engineers, landscape architects, that I want everybody else team
that had worked as a lower tier subcontractor.
Mayor Ferre: Mr. Frazier, you brought up two subjects and I
think they are both important. Let me tell you sir, that from my
point of view. If I had not (I'm talking about me) seven or
eight years ago decided that we were going to do the impossible
and pass $25,000,000 bonds, housing, and we had not (Marty is
here and others) worked, opposed by the Miami News and the Miami
Herald and a lot of your friends and my friends passed a
$25,000,000 bond issue with which out of that $11,000,000 is
being used for two of these projects that you have on your list,
being done by Circa Barnes you would not have those two
particular projects. If I had not gone to Boston eight years ago
for the inauguration of Taneuil Hall and talked to Mr. Rouse and
got enthused and if Miller Dawkins had not gone and Demetrio
Perez and Howard Gary and seen the tremendous multiplier that
that was going to be, there would be no bayside in Miami, and you
would not be either a partner or an architect, so I don't feel
too bad about you, because you have gotten a major job in Miami;
you have made, as a partner, and you are welcome to do it, on
Bayside you are a substantial partner. You have been the
recipient of many things that have emulated and come out of this
Commission's actions including this Mayor. Now, with regards to
the second point, and I might point out that you as an architect
` and an as a professional, Black or White, have gotten more than
any other architect with the exception of two that I can think
of.
Mr. Frazier: I will argue that, Mayor, once you have finished.
Mayor Ferre: With the exception of two, and they are White, but
certainly none that are Black, that I know of. Now, with regards
to this other point, I think you are right, I think there is an
issue here that people are able to grade others without declaring
who they are. This is supposed to be an open government. We
have these sunshine rules and I think if Mr. John Smith is going
to grade Ron Frazier, then I think Mr. John Smith ought to put
his name and not a number down, so that Mr. John Smith can be
held accountable, because what happens, and I see it very
clearly, not in your case, but in every case, is that when people
h;- 1
i
i ld 74 June 20, 1985
711
-� --7 -• �.. ,.............,. _ .. .�,_.._.. fi u . ,.,..,,..._ _� Rya, k.3k�•q(C,,.
a
want to help others who they favor, what they do is they low ball
the guy that may be the high person, and within the system that
we have, those are the rules of the game and that is how we are
playing it and that is the way it is, but I do think that needs
to be questioned. Now, that is my personal opinion.
Mr. Frazier: Mr. Mayor, I just have to make one comment. I am
tired of hearing ...
Mayor Ferre: I am tool
Mr. Frazier: ... Commissioners, business people telling me how
much Ron Frazier has in this town and how much work Ron Frazier
has in the City of Miami. Now, you have records there and I want
the record to reflect just how much work I have had as a prime
architect - as a prime architect. Bayside, I am not the
architect on Bayside. It is my money that is being invested in
that project, and it has nothing to do with a prime contract with
the Cityl That is the same thing if I built a house for Sergio,
because he is getting paid from the City, does that mean I am
doing work for the City? I think we need to clarify what we mean
by prime workl Now the definition on this sheet said "prime
architectural contract with the City of Miami. I have had one.
Mayor Ferre: Mr. Frazier, my position is that you have got more
than your fair share and your plate is pretty full.
Mr. Frazier: That is perception! I am talking facts. The fact
is that 80% of the work I have done in the last three years has
not been in the City of Miami or Dade County; it has been outside
Dade County and outside the State of Florida because every
selection committee has the same perception - Frazier gets all
the jobs! The record is right there. Now, you tell me what I
have done for the City.
�.
Mr. Plummer: Mr. Manager, I am not going to get into the tete-a-
tete between Mr. Frazier and the Mayor except, he did make some
good points, all right? If he is five blocks from the project
and he is in the City of Miami, how in the hell can they deduct
any points from him? Is there any rational justification of how
that ... is the one selected, is he three blocks from the site?
What reasonable justification could someone give when you speak
of location in the City and into the site, that he would be
deducted points, or not get the maximum points?
Mr. Pereira: Let me try to answer a lot of things that he said
and address your question.
i
Mr. Plummer: How about my question?
Mr. Pereira: There is really no ... I am going to have to ...
Mr. Plummer: After you answer my question, I will be glad to let
you speak all day, because I am leaving, but would you answer my
question? If he is going to go on a long speech, I am leaving!
Mayor Ferre: Yes, we are about to lose Commissioner Dawkins who
has to catch a plane and we have got some other important things,
but I think it is only fair that we move this thing to a ... so
make your statement and then let's vote.
Mr. Pereira: You know, you can't force people to say ...
Mr. Plummer: Well, answer my question, please.
Mr. Pereira: You know I do not have the chairman of the
F.
committee here, but as a person that has sat at many selection
j
committees, there is a degree of objectivity that goes into it
4
and you really cannot force a person, you know, to tell them,
this is how you vote on any selection. Now, let me say
h
R
tY
� q '
.a
ld 75 June 20, 1985
something, if I may. I have instructed the staff several weeks
ago - a couple of weeks ago, not several weeks ago, to address
the selection process that we have in the City. We are coming up
with some new criteria. There are items in that selection sheet
that you vote, that should not be addressed at the selection, but
it should be addressed at certification. That particular one
that you are addressing is one that should not be a part of the
actual section. It should be part of certification. You know,
prior to selection, that the firm is in fact, close to, so on and
so forth.
Mayor Ferre:
All
right,
thank you.
Mr. Dawkins:
How
can we
get names on these sheets?
Mr. Pereira:
And
the other thing that we need to do is to ...
Mayor Ferre:
Will
we do
that?
Mr. Pereira:
We will
do
that, yes, sir.
Mayor Ferre:
All
right,
there is a ...
Mr. Frazier% Before you vote, I have the right as a consultant,
as a part of the public record to ask the selection committee
members to give me the rationale of why they could deduct up to
10 points, and I want to know the criteria for deducting it. Is
it one job, four jobs?
Mayor Ferre: Fine, I think you are right.
Mr. Frazier: But if I find out that you are in error, then I
will be back to sue the City for the injustice!
Mayor Ferre: Yes, I think your regress is in court. Further
discussion?
Mr. Frazier: And I want to know ... one other itemt On the
minority, now I am seeing a reversal going on in this City. It
used to be lily white. Now we are going lily latin. I want to
know what does minority participation mean with that 25% Black
and 25% Latin. Does that mean that you can have an all Latin
team? Because the perception is that if it is in Little Havana,
then it is a Latin architect team total, the whole bit, but we
put together an all Black team, we don't get past first base. I
want to see that on the record. I can't get White consultants to
come in because they say "Hey, there is no use in dealing with
the City of Miami", so what does this tri-ethnic mean? Are we
going to deal with all ethnic groups, or are we going to deal
with one?
Mayor Ferre: That is a fair question that needs discussion. In
the meantime, we are going to vote on this. Call the roll.
Mr. Plummer: This is on Item 19.
Mayor Ferre: That's right.
ld
76
June 20, 1985
}' I
1
1
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-675
A RESOLUTION APPROVING THE MOST QUALIFIED
CONSULTING FIRMS TO PROVIDE PROFESSIONAL
SERVICES FOR THE PLANNING AND DESIGN OF A
POLICE SUBSTATION FOR THE NORTH DISTRICT
(LIBERTY CITY); AUTHORIZING THE CITY MANAGER
TO UNDERTAKE NEGOTIATIONS WITH THE MOST
QUALIFIED FIRMS; TO ARRIVE AT A CONTRACT
WHICH IS FAIR, COMPETITIVE, AND REASONABLE;
AND DIRECTING THE CITY MANAGER TO PRESENT THE
NEGOTIATED AGREEMENT TO THE CITY COMMISSION
FOR THEIR RATIFICATION AND APPROVAL.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
* NOTE: Although absent at roll call, Commissioner Carollo asked
of the City Clerk to be shown as voting with the motion.
---- -------------------------------------------------------------
35. APPROVE CONSULTING FIRMS FOR DESIGN OF POLICE SUBSTATION FOR
THE SOUTH DISTRICT (LITTLE HAVANA).
Mr. Plummer: I move Agenda item 20.
Mayor Ferre: All right, there is a motion on 20.
Mr. Dawkins: Second.
Mayor Ferre:
Call the roll.
ld
There is a second. Further discussion on Item 20?
77
June 20, 1985
�
1
i
1
i
1% 1
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-676
A RESOLUTION APPROVING THE MOST QUALIFIED
CONSULTING FIRMS TO PROVIDE PROFESSIONAL SERVICES
FOR THE PLANNING AND DESIGN OF A POLICE
SUBSTATION FOR THE SOUTH DISTRICT (LITTLE
HAVANA); AUTHORIZING THE CITY MANAGER TO
UNDERTAKE NEGOTIATIONS WITH THE MOST QUALIFIED
FIRMS, TO ARRIVE AT A CONTRACT WHICH IS FAIR,
COMPETITIVE, AND REASONABLE; AND DIRECTING THE
CITY MANAGER TO PRESENT THE NEGOTIATED AGREEMENT
TO THE CITY COMMISSION FOR THEIR RATIFICATION AND
APPROVAL.
(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 J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
36. RESOLUTION: LOAN GARCES COMMERCIAL COLLEGE $300,000 TO BE
PROCESSED THROUGH MIAMI CAPITAL DEVELOPMENT.
Mr. Dawkins: Mr. Mayor, I was out of the room this morning when
we brought up Garces College. I would like to move that since we
already loaned one individual the money, I move that this college
be loaned the money at the same rate that we loaned the other
group the money.
Mayor Ferre: All right, in other words, what you are saying is
that it be voted on now and so it doesn't have to come back and
the Manager be able to decide. All right. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-677
A RESOLUTION AUTHORIZING THE PROVISION OF
OPERATING CAPITAL LOAN IN THE PRINCIPAL AMOUNT OF
$300,000 TO GARCES COMMERCIAL COLLEGE IN
ACCORDANCE WITH CERTAIN TERMS AND CONDITIONS, AS
DESCRIBED BELOW; FURTHER AUTHORIZING THE USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR SUCH
LOAN AND REQUIRING THAT SUCH LOAN BE PROCESSED
THROUGH MIAMI CAPITAL DEVELOPMENT, INC.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Id
m
June 20, 1985
a
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote -
AYES., Commissioner Demetrio Perez, Jr.
` Commissioner Miller J. Dawkins
' Vice -Mayor Joe Carollo*
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
*NOTE: Although absent at roll call, Commissioner Carollo later
requested of the City Clerk to be shown as voting with the
motion.
36.A FURTHER DISCUSSION -POLICE SUBSTATIONS.
Mayor Ferret The next item on the agenda ...
Mr. Plummer: Mr. Mayor, excuse me. Mr. Manager, I am speaking
for one. Before an architect puts a pencil to a piece of paper
on either one of those substations, there have got to be explicit
instructions from this Commission. Traditionally, as you know,
and I know, architects have built monuments to themselves.
Monuments that the taxpayers of this community couldn't afford
with 20% and 30% over -runs. I am saying to you before you turn
any architect loose to go and do his thing, I think this
Commission, Mr. Mayor, has got to give those architects explicit
instructions that you had "X" number of dollars to work with.
You shall not exceed certain square footage, because if you don't
do it, I know what is going to happen. We are going to have
monuments that we can't afford!
Mayor Ferret I think also, even though Mr. Frazier has left, is
that he brought up a very, very ... he brought up two germane
points - one dealing with people voting anonymously and low
balling the lower averages, which is really, I don't think ...
that is really not fair! And the other thing ...
Mr. Plummer: Mr. Mayor, I will tell you another thing that has
got to be done, and that is that we cannot have these evaluating
committees, something I have been trying to bring out, with all
in-house people. We need to the thinking and the new blood of
some outsiders from the private sector ...
Mayor Ferret I agree with that, Mr. Plummer.
Mr. Plummer: Okay - that we just can't continue to stereotype
in-house.
Mayor Ferret I agree with you on that. Now, the other thing
that Ron Frazier came up with is the clearer definition of what
minorities are all about. We are getting ourselves into a
situation that a Black is on Black and Latin on Latin and it is
getting a little bit confusing and we need to address that and I
think it is something that we ought to have a very clear position
papers as to what we mean by minorities.
Mr. Plummer: Mr. Mayor, you asked for at the last meeting, and I
have not seen it - maybe you have a copy, or was it Commissioner
Dawkins who asked for a score board so that we can sit and look.
It was supposed to be presented at this meeting, as to how much
has the Black community benefited, how much is the Latin
community benefited by these ordinances that we thought were very
good.
ld 79 June 20, 1985
Mr. Pereira: We forwarded it to you.
Mr. Plummer: Have you seen it?
Mr. Pereira: I sent a memorandum out to you.
Mr. Plummer: When did you send it?
Mayor Ferre: Have you seen that Nestor?
Mr. Pereira: I sent this to you June 18th.
Mr. Plummer: I haven't seen it.
Mayor Ferre: My office has not received it.
Mr. Pereira: If you recall, when that was brought, I also said
that I would be coming back to you in September with a
recommendation on this very same issue, because I am also
disturbed as to not only the procurement, which was addressed at
that meeting, but with professional services. My recommendation
to you, I will be addressing those two items.
Mayor Ferre: We also, Mr. Manager, need to look, now that the
Carrie, so-called Carrie amendment in the County has passed the
muster of the Supreme Court, we need to see how we are going to
implement that here in the City.
-----------------------------------------------------------
37. FINDING OF NO SUBSTANTIAL DEVIATION: WORLD TRADE
CENTER, 100 S.E. 2 ST. AND 201-299 S. E. 1ST AVENUE.
i
------------------------------------------------------------
Mayor Ferre: We are on Agenda Item Number 6.
Mr. Sergio Rodriguez: Mr. Chairman, the recommendation that we
have on Item Number 6 is that we find there is no substantial
deviation in the proposal being made by Centrust Realty to add
27,110 square feet and the height that they are proposing to
increase on the structure. These, our recommendations, have been
supported by the Planning Advisory Board and by the Zoning Board
on different occasions.
Mayor Ferre: All right, is there anybody in the audience who
wishes to speak to this issue? If not, is there a motion?
Mr. Plummer: On what?
f 3
Mr. Perez: Moved.
x
Mayor Ferre: Moved by Commissioner ...
Mr. Plummer: Waitl Whoal Yes, I have got some problems with
this. First of all problem I have, Vince Grimm didn't come to
see me on the issue, okay? Second of all, you know, this is
after the fact, after you go out, how much of this is retail?
.'
Mr. Martin Fine: None of it.
Mr. Plummer: None of it is retail?
�
Mr. Fine That is right, none of it.
Mr. Plummer: What does this do to the overall configuration as
K,
to the rental of which the City will be paid?
��:
sl 80 June 20, 1985
41
i
Mayor Ferre: Increases.
Mr. Plummer: No, no, nol Times have changed. Prices have gone
upl Now, you are getting an additional ... you are getting an
additional - call it 28,000 square feet. You are going up an
additional 25 feetl Now, the question is, Marty is usually
smart - he usually calls me and tells me why I am not absolutely
right.
Mr. Martin Fine: For the record, my name is Martin Fine, at 2401
Douglas Road. I didn't feel there was any need to call because
very candidly, I think it is a minor miracle this building is
being built altogetherl
Mayor Ferre: I do tool
Mr. Plummer: I agree.
Mr. Fine: And I want to tell you ... well, I think we are at a
point where we ought to answer your questions.
Mr. Plummer: Okay.
Mr. Fine: I think that it is a minor miracle that this building
is being built over a disaster of a garage.
Mayor Ferre: Mr. Fine, may I disagree with you? It is not a
minor miracle - it a major miracle! That building should not be
built.
Mr. Fine: I want to tell you, Mr. Plummer, I have parked in that
garage today to attend a meeting of the Dade County Bar
Association, and if you think it is easy to get your car in and
out any part of that garage or to build a building above it, it
really isn't. Now, there is no advantage to the developer
whether he built that many feet or more feet. One of the major
things you are going to get is more real estate taxes. Now,
there is a percentage rental, based on formula that is clearly
set out in the lease, and we are frankly not about to start
renegotiating the lease for this amount of square feet.
Mr. Plummer: All right, and so ... you know, I don't have any
problem with that, Marty ... then we just deny it and we don't
talk about it - that is our option. All right, now, I am saying
to you, that we increase 28,000 square feet, what is the office
space requirement per square foot for parking?
Mr. Fine: None at all.
Mr. Plummer: Under normal circumstances, what it does, it creates
a parking problem Marty, when you add 28,000 square feet.
Mr. Rodriguez: Because it is in downtown. Because whenever ...
Mr. Plummer: I well understand they don't have to provide a
parking space, but this Commission went on record to brow beat
the Planning Department to go from 999 spaces to 1,500, and we
had one hell of a fight to convince youl Now, you cannot
convince me that when you add 28,000 square feet, the demand for
parking is not morel It has got to be.
Mr. Fine: Well, I would like to try to respond to that and try
to convince you.
Mr. Plummer: Please dol
Mr. Fine: You do recall, I assume, there is a people mover
station right in this building.
sl 81 June 20, 1985
Mr. Plummer: Exactly.
Mr. Fine: Now, you know we have got to get to be consistent at
one time. We are all part of the County and we are all part of
the City. We are all trying to encourage people to use the rapid
transit system that has a people mover right in this building.
Mr. Plummer: Correct.
Mr. Fine: Let me also tell you that if there was an additional
need for space, the Developer would be the first person saying
that he has to have it in order to rent that space. It costs a
lot of money to build that building, close to $90,000,0001 ...
and what you are going to get is an enormous amount of taxes for
a little bit of service that you are going to give to a very
large building. Now, I must tell you it really troubles me - I
know you are interested in the best interests of the City, but it
troubles me that for some reason or other there is some kind of
stigma about this building, that every time we come here, there
seems to be an idea that the developer is trying to get an edge,
and I think by this time it ought to be patently that this
developer is not getting an edge, not trying to get an edge, but
it is finishing what started out to be a very difficult project,
and as you look at the building as it is going up, it is going to
be undoubtedly, one of the finest looking buildings in downtown
Miami. Now, why is he asking for this additional space? ...
because he didn't design that original building; his architect
didn't design it, and in the process of developing it and
building it, it becomes clearly apparent that this is a better
configuration because they moved some of the structure - the air
conditioning system to a higher floor and this became available
and this is the way it worked out. J. L., you have my absolute
assurance that this is not an attempt by the developer to get an
advantage over the City in any manner, shape or form. There is
no additional parking requirement here. I would think that
frankly, the Commission would say to the developer, thank you
very much - we are willing to invest more money in the City of
Miami and to give the City a better opportunity, because you are
on a percentage lease.
Mr. Plummer: How long is this lease presently?
Mr. Fine: Oh, I think it is about 49 years and an additional 49
year option.
Mr. Plummer: Does this come as part, as dated today, or as the
original lease?
Mr. Fine: All of this would be as the original lease.
Mr. Plummer: Well, it doesn't state that.
Mr. Fine: Well, because it doesn't relate to the lease. The
lease is in place.
Mr. Plummer: The lease is in place. This amendment doesn't
start today - this amendment goes back and it is part of the
original lease, is that correct?
Mr. Fine: No, no. This amendment, if it were passed ... you
would ask your City Attorney ... it is effective as of today.
Mr. Plummer: The amendment ... but, as it relates the amendment
to the lease.
Mr. Fine: But the lease is a governing instrument. It is on
record no matter what you do afterwards, you still have to pay
more rent because the lease says there is a percentage rent that
has to be paid.
sl 82 June 20, 1985
Mr. Plummer: You are not following, Marty. Assuming the lease
was signed hypothetically two years ago, and it has 49 years ...
this is not for more than 47 years.
Mr. Fine: Well, I must tell you, Mr. Plummer, I don't understand
it at all.
Mr. Plummer: Okay.
Mr. Fine: There is a lease in place that started at a certain
date and finishes at a certain date.
Mr. Plummer: Does this finish concurrently with the present
lease?
Mr. Fine: Exactlyl
Mr. Plummer: It doesn't state that.
Mr. Fine: Of course it doesn't because it doesn't have to say
that. It says it by operation of law. It says it because your
City Attorney would tell you the lease is in place and that is
what it says.
Mr. Plummer: Fine.
Mr. Fine: I wouldn't misrepresent you.
Mr. Plummer: Never Navel
Mr. Rodriguez: If, I may, Mr. Plummer, the issue again before
you is a finding of substantial deviation.
Mr. Plummer: Speak up.
Mr. Rodriguez: The issue again that is before you today is a
—.' finding of substantial deviation and the Planning Department, in
: recommendation, finds that the increase is not a substantial
deviation as defined by the Regional planning council. We have
had some contacts with them already and we have a
tentative agreement to that finding of ours.
Mr. Plummer: Fine.
Mayor Ferret Are we ready to go? All right, are we ready to
vote on this item which was recommended by the Administration?
Who makes the motion?
�Y
Mr. Perez: I move.
Mayor Ferre: Is there a second? J. L., do you want to second?
Plummer seconds. Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Demetrio Perez, who moved its adoption:
RESOLUTION NO. 85-678
i
A RESOLUTION AMENDING THE WORLD TRADE CENTER
(A/K/A CENTRUST TOWER) PROJECT DEVELOPMENT ORDER
(RESOLUTION 82-463, MAY 27, 1982), A DEVELOPMENT
` 1
OF REGIONAL IMPACT LOCATED AT APPROXIMATELY 100
x
SOUTHEAST 2ND STREET AND 201-299 SOUTHEAST 1ST
AVENUE BY AUTHORIZING AN INCREASE IN HEIGHT FROM
562 FEET TO 587.09 FEET, THEREBY PROVIDING AN
ADDITIONAL 27,910 GROSS SQUARE FEET OF OFFICE
AREA;
FINDING THAT SUCH AMENDMENTS DO NOT
i
CONSTITUTE A SUBSTANTIAL DEVIATION UNDER CHAPTER
380, FLORIDA STATUTES, AND DIRECTING THE CITY
CLERK TO SEND COPIES OF THE HEREIN RESOLUTION TO
J
SPECIFIED AFFECTED AGENCIES AND INDIVIDUALS.
sl 83 June 20, 1985
7
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
ON ROLL CALL:
Mayor Ferre: I vote "yes" and I might ... I would like to put
into the record - Mr. Fine, I know you get tired of waiting and
things get touchy and there is a lot of sensitivities and all of
that, but let me say on the record, to you sir, and through you
to your client, Centrust, and to Mr. David Paul, in particular
... the City of Miami is indeed fortunate to have someone of the
courage and vision of David Paul who does not need to do this,
did not need to build this building, is taking a big risk at a
difficult time when there is over production of office space in
downtown Brickell Avenue. This is a building that has its
serious technical problems. He has been in good faith, trying to
solve them, negotiate them, deal with them realistically. He has
gone beyond what is normally required. His patience has been
tremendous and I know sometimes people get sensitive about
things. Please convey to him and to other members of the
Centrust team that this City is not only proud and supportive,
but anxious to be of any help to see this beautiful building
designed by I. M. Pei and somewhat modified and improved by him,
to be completed.
Mr. Fine: I thank you for those kind remarks and for all the
members of the Commission and the Mayor, I think you are going to
be very proud of this building and I think it is going to be a
great building for the City. •Thank you very much.
38 AMEND PREVIOUS ALLOCATION TO NOW TOTAL $10,000 TO PRO ARTE
GRATELI FOR PERFORMANCE ASSISTANCE "LA CORTE DE FARAON"
Mayor Ferre: Commissioner, you wanted to say something?
Mr. Carollo: Mr. Mayor, early this morning, when I wasn't here,
there was an item taken up for Grateli, where they had made a
request for I believe $20,000. I believe only $5,000 was
approved. I'd like to see if we could at least split that
difference and approve a full $10,000, half of what they
requested. I so move that we approve, instead of the original.
Mayor Ferre: There is a motion that the item this morning be
amended from $5,000 to $10,000. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
sl
TV,
June 20, 1985
j
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-679
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$10,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
QUALITY OF LIFE FUND, IN SUPPORT OF SOCIEDAD PRO-
ARTE GRATELI, INC. FOR THE PRODUCTION OF "LA
CORTE DE FARAON" TO BE HELD JULY 27-28, 1985;
SAID ALLOCATION BEING 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 Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
-----------------------------------------------------------------
39 FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION
1201
N.E. 79 STREET RG-2/5 TO RO-2/5
-----------------------------------------------------------------
Mayor Ferre: We're now on item number 7; is that yours?
Mr. Robert H. Traurig: 3.
Mayor Ferre: Is anyone here on item 7? Bob, really out of
fairness to others, we rolled over three in the afternoon.
This
is a real emergency.
Mr. Traurig: Well, you've been very fair. It's just that
Mr.
Gordon, who operates a restaurant, really should be getting
back
to his....
Mayor Ferre: You should have told us that it dealt with
Mike
Gordon.
Mr. Traurig: Well, he's sitting here with his two children.
Mayor Ferre: That makes all the difference in the world.
Mr. Traurig: I would like you to know that he has advised me
+�
that he worked in this building before most of us were residents
of the City of Miami because in 1938 he used to tow in planes
for
Pan Am Airways when they operated their terminal out of
this
,.;
building. So he knows his way around this building.
A
Mayor Ferre: One of the people you towed in was me. Did
you
know that? I used to fly in here when in 1939, when I was
four
years old, the first time I came to Miami, I flew right into
this
-"
building. You towed me in, Mike. Out of courtesy to Mike
who
besides being an old time Miamian, also happens to be the
best
restauranteur in town, with all due respects to my friend Cye
and
others. We'll take up item 3.
war,.
„
sl 85 June 20, 1985
yy s
ki 7
i
.3
_
1
y
l
i
tFIJ
ht.
,
r
�+k
fi t
Mr. Plummer: You think you've had it good at Mike Gordon's, you
weren't as his daughter's wedding. I want to tell you something.
When his daughter got married, he went all outl That was the
best seafood dinner I ever had in my life.
Mr. Traurig: I'm glad you enjoyed it, because I wouldn't want
that to influence you.
Mr. Plummer: Now let's talk about why we're going to turn him
down.
Mayor Ferre: Go ahead.
Mr. Traurig: I thought staff wanted to make some initial
presentation.
Mr. Whipple: Being consistent, like Mr. Gordon with his
entrepreneurship over the years with the restaurant, we are
likewise consistent in our concern about spot zoning and zonings
that are not entirely consistent with the surrounding area. On
that basis, we have recommended denial of this item. This
project was a residential project built in back of Mr. Gordon's
restaurant, Mr. Gordon's property. For whatever the reasons, be
it market or otherwise, it has not been sold or utilized. The
request before you today is to change it to a RO, residential
office district so that the units can be used, presumably, for
office development, if residential development doesn't occur in
the near future. We point out to you that by virtue of the map,
that there is no RO zoning in the area. That it is not
consistent with the multiple family zoning to the west or the low
density residential zoning to the north. On that basis, we have
made the recommendation for denial.
Mayor Ferre: You've made a recommendation for denial. The
Zoning Board approved it unanimously. Is there anybody here
opposed? Is there anybody here who is opposed? Why don't you
make a quick statement into the record.
Mr. Traurig: Thank you very much, Mr. Mayor. You will see in
this aerial photograph, the location of that fine restaurant,
which is at the 79th Street crossway...INAUDIBLE COMMENTS AWAY
FROM MICROPHONE... absolutely beautiful townhouses, which he has,
over a period of years, tried to sell and has been unsuccessful
in selling. He had a price tag....
Mayor Ferre: Which units are those? Those four over there.
Bob, let's get right to the point. If we change the zoning, that
would give him the right to build, to use those for office
building.
Mr. Traurig: Yes, he only wants to change the zoning designation
to RO-4. Let me explain to you that the very clear description
of RO is that the district designation is intended to apply in
areas, which are primarily residential in character, but within
which offices would also be appropriate at compatible scale in
intensity. We're not changing the scale. We're not changing the
intensity. We're not changing the buildings.
Mayor Ferre: All you're basically doing is just taking the same
building....
Mr. Traurig: And permitting people to occupy those spaces for
offices.
Mayor Ferre: It's not the intention, Mike, to tear them down and
to build another project or something on that. I wouldn't mind
another restaurant.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
sl 86
June 20, 1985
Mayor Ferre: Into the record, Bob.
Mr. Traurig: There is no intrusion into any commercial area, Mr.
Mayor.
Mayor Ferre: Are there any objectors to this? Is there a
motion?
Mr. Plummer: I'll move it.
Mayor Ferre: Moved by Plummer. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Read the ordinance. Call the
roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE ZONING ATLAS OF
ORDINANCE NO. 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION OF APPROXIMATELY 7951-
8099 NORTHEAST BAYSHORE COURT MIAMI, FLORIDA,
FROM RG-2/5 GENERAL RESIDENTIAL TO RO-2/5
RESIDENTIAL -OFFICE BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE NO.
8 OF SAID ZONING ATLAS MADE A PART OF
ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 300,
THEREOF; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Perez and passed on its first reading by title by
the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
The City Attorney read the ordinance into the public record
and announced that copies were available to the members of the
City Commission and to the public.
-----------------------------------------------------------------
40 APPEAL BY AGGRIEVED PERSON: 1402 S. BAYSHORE DR. CLASS "C"
SPECIAL PERMIT, ETC.
-----------------------------------------------------------------
Mayor Ferre: Pick up item 7, Point View Association, Janet
Cooper.
Mr. Sergio Rodriguez: Mr. Chairman, the item that is here before
you today is a review of a Zoning Board's decision of an appeal
by an aggrieved party of the Class "C" Special Permit that was
granted by the Planning Department. The Zoning Board on May 20,
1985 denied the appeal and basically upheld the decision of the
Planning Department to grant a Class "C" Permit for this project.
The denial of the granting of the Class "C" Permit appeal was
based in a recommendation from the Planning Department that the
sl 87 June 20, 1985
use of the parking facility that the applicant is proposing is
correct and after the Planning Department has been able to check
on the site and check with the Zoning Administrator for
compliance to applicable zoning regulations. Among the findings
which are required as part of Section 2017.9 for a joint parking
facility for continuous use, the following findings are required.
First is that where more than one load is involved, the lots
proposed in combination form a logical pattern in relation to the
joint parking facility and the uses proposed to be served. B,
that the design and improvement of the combined parking
facilities is involving divide ownership or control would meet
the standards and requirements applying if under unified
ownership and control. And C, that a space is provided or so
located within the complex has to be conveniently accessible to
all the uses they are intended to serve. The Planning Department
position in all of these issues is that the proposal that came
before us complies with all of these requirements. Thank you.
Mr. Plummer: Do we have a copy of the proposed use of the
Commodore Club?
Mr. Rodriguez: You mean the plan for the parking?
Mr. Plummer: No, the plan for the use of the actual 8,000 square
feet.
Mr. Rodriguez: Previously I referred to....
Mr. Plummer: No, what is being proposed now.
Mr. Rodriguez: The proposal now in the Commodore Club is to use
part of the parking.
Mr. Plummer: No, you don't understand. The contention that is
going to be is the fact there is 8,000 square feet, 8,000 plus.
Mr. Rodriguez: Right.
Mr. Plummer: The code now calls for one parking space for every
hundred square feet. That would require for them to open up,
because this is a joint situation....
Mr. Rodriguez: Right.
Mr. Plummer: For them to open up that Commodore Club now, if
they fully utilize the entire building is going to be 80
parking spaces. Predicated... the past doesn't matter, because
that was never approved. The plan was never submitted and never
approved. Now the new code kicks in. From what I'm
understanding, if I have a plat or I have a set of plans showing
me that all they're going to be utilizing in the Commodore Club
is 1,300 square feet, then I'm going to say the thing is in line.
Because all they're providing is 13 spaces. Now I ask you again.
Do you have a floor plan or anything showing the 1,300 square
feet they are going to use, because that's what they are limited
to?
Mr. Rodriguez: If I may....
UNIDENTIFIED SPEAKER: If I may comment on that also.
Mr. Plummer: Excuse me, you'll have every opportunity to do so.
Mr. Rodriguez: I would prefer that I get that information to be
confirmed by the Zoning Administrator, but the information that
we have is that the conditional use that was granted in 1975....
Mr. Plummer: That conditional use was subject to the approval of
a plan for parking which was never submitted and never approved.
sl
M.
June 20, 1985
r � �
Mr. Rodriguez: I'd prefer for Mr. Genuardi to answer the
question. I understand there was a plan that was related to the
resolution.
Mr. Plummer: It was never approved.
Mr. Rodriguez: Maybe this is a legal question that Lucia can
answer.
Mr. Joseph Genuardi: Joseph Genuardi, Zoning Administrator, City
of Miami. In '72 the item came up before the Commission for
conditional use for the Commodore Club. At that time, the
requirements for parking were one for 400 square feet.
Mr. Plummer: I was here.
Mr. Genuardi: They were utilizing the first level as the club
and the second level was the residents. That was approximately
4,000 square feet on the first level, plus one, made it 13 spaces
required. A plan was submitted with the application and was
approved by the Building Department, Zoning Division.
Mr. Plummer: Do you have a copy of that, sir?
Mr. Genuardi: We have it with the file in the board file.
Mr. Plummer: That plan submitted was approved?
Mr. Genuardi: Yes, it was.
i
Mr. Plummer: The Planning Department never approved it.
Mr. Rodriguez: No, the Planning Department didn't approve that
plan officially.
Mr. Plummer: Why?
Mr. Rodriguez: My understanding is -my memory doesn't go that
far- my understanding is that it was never presented to us.
That's a good reason for not approving it, I think.
Mr. Plummer: That's an excellent reason.
Mr. Genuardi: I believe at the time, in the seventies....
Mr. Plummer: The question is, Mr. Genuardi, were you here in
'72?
Mr. Genuardi: No, I came in '75.
Mr. Plummer: All right, sir, how could that plan be approved if
it never went through the process?
Mr. Genuardi: If you go through the minutes of the hearings for
the conditional use, they refer to this plan.
{
Mr. Plummer: They say they never processed the plan. How could
the Department approve it?
;.,
Mr. Genuardi: It was processed by the Building Department.
Mr. Plummer: That's not what the conditional use said.
x
Mr. Genuardi: Well, the CU was issued in '72 to operate, which
'
means that they must have complied with the requirements.
:
Mr. Plummer: He is saying that they never approved it. As part
'...
of the conditional use, it so clearly states that it had to be
approved by the Planning Department. This gentleman, for the
>
record, is stating the Planning Department never even saw it.
{
ra
sl 89 June 20, 1985
r
Mr. Richard Whipple: There are two things, Mr. Plummer. When
the City Commission approved permanently the use for a club in
1975, attached to that resolution was a schematic plan for the
parking. In viewing that plan, somewhere along the lines, came
the suggestion that a real plan, or in other words a building
plan should be reviewed by the department. In other words, that
not being sufficient content, the one that was attached to the
Commission resolution, would have to come back to the Planning
Department, so we make sure it's landscaped and everything is
right.
Mr. Plummer: Did it come back?
Mr. Whipple: No, sir, that plan did not, but there was the
approved plan or a plan attached to the resolution that the City
Commission approved.
Mr. Plummer: Whipple, that is not what the conditional use
states. Am I correct?
Mr. Rodriguez: If I may, for the record, because it's a little
bit confusing going back to that....
Mr. Plummer: Not to me, it's not.
Mr. Rodriguez: Well, it says, subject to parking layout, as
approved by Planning Department.
Mr. Plummer: You never approved it.
Mr. Rodriguez: What I'm not clear on this is if it were to be
approved by Planning Department, it would be clear to me that it
had to come back to the Planning Department. If it is as
approved and there is behind this a sketch showing some parking
spaces, I really don't know what it means. I think it could be
understood that it was approved at the time. But officially no,
we didn't approve that. We didn't sign off on this.
Mr. Plummer: 5o predicated on that, they are under the new code.
Madam City Attorney.
Mr. Genuardi: The conditional use at the time it was issued
required 13 parking spaces.
Mr. Plummer: Correct, sir.
Mr. Genuardi: And they showed the plan showing those 13 parking
spaces.
Mr. Plummer: Correct, sir.
Mr. Genuardi: And the conditional use was approved on that
basis.
i
Mr. Plummer: No, sir.
Mr. Genuardi: And granted the permit.
Mr. Plummer: No, sir.
Mr. Genuardi: There was no mention in it....
Mr. Plummer: You just read it.
Mr. Genuardi: Yes, but it didn't say that they needed more
parking spaces.
Mr. Plummer: No, sir, it stated that conditional use, a plan
approved by the Planning Department, and it was never done.
sl
.s
June 20, 1985
Mr. Genuardi: But the requirements for parking at that time were
one for four hundred.
Mr. Plummer: That's fine, and had they had a plan that was
approved, there would be no problem, but they did not get an
approval of a plan.
Mr. Genuardi: There was an objection at one hearing by Forensic,
but on the final hearing, Forensic said that lie found no problem
with it. If there was any problem.
Mr. Plummer: That has no bearing on it. Mr. Genuardi, please,
the language is simple, sir. The conditional use so stated that
a plan for parking had to be submitted and approved by the
Planning Department. Mr. Sergio Rodriguez, once again for the
record, does your record indicate anywhere where you processed
and approved a plan?
Mr. Rodriguez: Our records didn't show any approval of the plan
other than the attachment to the resolution that referred to it.
Mr. Plummer: Sir.
Mr. Rodriguez: I'm trying to put for the record a complete
statement, sir. No, we didn't approve, we didn't sign off on it,
no.
----------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Miller Dawkins back in meeting
at 4:50 P.M.
----------------------------------------------------------------
Mr. Plummer: O.K., that's fine.
Mr. Dawkins: How could you sign off if nobody asked for it?
Mr. Plummer: No, it was part of the conditional use, Miller.
Mr. Dawkins: Yes, but he says that he can't find a resolution
where it was a part of the conditional use.
Mr. Plummer: He just read from it.
Mr. Rodriguez: We have a resolution and the resolution reads,
"the conditional use originally granted for a two-year
period"...so and so and so..."subject to parking layout as
approved by Planning Department." What I mentioned before was
that we didn't after that approve any site plan showing the
parking, but attached to the resolution in the files of the
Office of Mr. Perez, Building and Zoning Administration, there
was a copy of the proposed parking layout. I'm sorry Ms. Cooper,
but I was told that we found, there was that copy attached in the
record showing the site plan of the parking layout.
Mr. Dawkins: Why wasn't all this brought forth at the first
hearing, that there was none of this in the record. Why are we
just bringing it... You see, every time I look up, we're finding
one piece, one piece, one piece. Why don't we have all this at
one time? No, no, no, no, this is not the first time I've been
through this. No, no, no, no, no. O.K., go ahead.
Mr. Rodriguez: This is the first hearing on this, sir.
Mr. Dawkins: On what?
Mr. Rodriguez: On the class "C".
Mr. Dawkins: On this piece of property?
sl
91
June 20, 1985
Mr. Rodriguez: No, but there are many issues on this piece of
property. on today's issue, which is the Class "C", this is the
first time that comes before you.
Mr. Plummer: This application is different than anything we've
ever addressed on this property before.
Mr. Dawkins: Isn't this one we passed and the let the rest go
by, or is this the one we passed everybody else and stopped one?
Mr. Plummer: No, the big difference here, Miller, is that they
are proposing today behind the Commodore Club they establish 26
parking spaces, 13 of them would be used by the Commodore Club
and 13 of them would be by the bank. We've never had that
proposal before us before. It's a new application.
Mr. Rodriguez: Actually it's before you because we granted a
Class "C" permit approving it that had been contested by the
appellant.
Mr. Plummer: But you granted it.
Mr. Rodriguez: The Planning Department granted the Class "C".
Mr. Dawkins: Where is that little gentleman who was standing
here before you. You, sir.
Mr. Rodriguez: Mr. Genuardi.
Mr. Plummer: Be careful, he's Italian.
Mr. Dawkins: REmember, sir, when you were here and wee said that
} whatever you did was the last word and I said that was wrong. Do
} you remember?
1
Mr. Genuardi: Yes, I remember.
1
Mr. Dawkins: And this Commission said that you were right, so
now, what did you do? You passed it?
Mr. Genuardi: I recommended approval.
Mr. Dawkins: And we said we weren't going to argue with your
recommendation. Then I said we should. Didn't I? But everyone
here said we shouldn't, now why are we arguing with your
recommendation?
Mr. Plummer: Because he goofed.
Mr. Genuardi: You disagreed with what I'm saying. In my mind
and the evidence I have, I believe my recommendation was right
and that it was approved with 13 parking spaces.
Mr. Plummer: The thing that bothers me is Mr. Genuardi nor
Sergio have a copy of how much of that building is going to be
used. Are they going to use it for maximum capacity of 20
people, 100 people, 200 people? How many people do they propose
that restaurant will seat? I think that is very crucial as to
the number of the amount of parking spaces. But for them to
approve in my estimation 8,000 square feet, which is the
potential, with 13 parking spaces, I think is a serious problem.
My problem is still not that as much as it is that no one has on
record what the square footage and how it's going to be used or
the seating capacity. Nobody seems to care.
Mr. Genuardi: Approval is based on existing square footage,
which was around 4,000.
sl
92 June 20, 1985
Mr. Plummer: Mr. Genuardi, I understand what you are saying.
Mr. Genuardi: If they expand that, they would have to provide
additional parking, but they're not proposing expanding that at
this time.
Mr. Plummer: Mr. Genuardi, you are basing that on the old
ordinance, not the new. In the wisdom of this Commission, we
changed that ordinance and made it one per hundred square feet.
When did that in fact go into effect?
Mr. Rodriguez: I believe it's June 1972.
Mr. Plummer: June of '72 it went to one hundred. When did you
approve this Class "C" permit, which is presently before us?
Mr. Rodriguez: February 1985.
Mr. Plummer: You see, that is the reason we're questioning, is
the fact that some ten years later, after we've passed an
ordinance....
Mr. Dawkins: Oh, this is another Claughton Island.
Mr. Plummer: Could be, twelve years, eight years. What I'm
saying to you is I don't understand how you can ask us to vote on
this subject. I don't understand how you voted on it or granted
an approval not knowing what the 8,000 square feet building is
going to be used or not used for.
Mr. Genuardi: The parking requirements on an existing property
if they are non -conforming, become a non -conforming
characteristic of use, which are allowed to remain. In section
2107, non -conforming characteristics of use it specifies the
parking as one of these non -conforming that can remain. It also
states in 2107.1 no change shall be made in any non -conforming
characteristic of use, which increases non -conformity with
applicable current regulations, but changes may be made, which
result in the same or lesser degree of non -conformity. This
change is creating two additional parking for the club, plus use
in the evening of the parking where the office space would be.
So it's decreasing the non -conformity.
Mr. Plummer: It's about 1/8th of what is required under the
present code change to 75. Is that correct? In other words,
today, they would have to have 80 parking spaces.
Mr. Genuardi: Yes, but it's an existing building which is
allowed to exist under the present zoning ordinance.
Mr. Plummer: Mr. Genuardi, do you think that in the wisdom of
this Commission in '75, when they changed it to one parking space
for 100 square feet, that was unreasonable? Or do you think that
was a good situation?
Mr. Genuardi: I think that was reasonable, but yet we didn't say
that everyone who was non -conforming has to now comply. That
wasn't specified.
Mr. Whipple:
If I could just add to that,
Commissioner Plummer,
this does become a legal question. Our
review of it, Mr.
Genuardi's review of, and perhaps we have
to defer to the Law
Department,
in that the ordinance does specify certain things
that can be
carried forward in the status
of which are carried
forward and
even though we may stand here
today and say, "Well,
if they use
X amount of square feet, it should now be such and
such." Legally
and in our opinion, this is
proper legally.
Mr. Plummer:
You have no floor plan. That
is what I'm trying to
R:.
say. If I
had a floor plan of what that
area is going to be
sl
93
June 20, 1985
used, I would feel more comfortable to make an intelligent
decision. But I know that the potential is 8,000 square feet.
Mr. Whipple: The potential is only the potential that existed at
the time the City Commission granted approval in ' 75, That was
for, as Mr. Genuardi stated, the 4,000 square feet, plus the
dwelling unit upstairs.
Mr. Plummer: That is 40 parking spaces. Hey, I want to tell you
that I'm going to ask this be deferred and I'm going to ask you
until I have the floor plan or whatever is the general accepted
what is going to be the use of that Commodore Club. I've got the
floor plan. The bank is there. I know what's going to be there.
O.K.? I know what the bank needs. But I cannot sit here where
this is tied two into one resolution and approved for the bank.
Listen, I'm tickled pink the bank is getting more parking. I'm
tickled pink for that. I think it's great. But I cannot sit
here in all honesty and not know what the hell the other one is
going to be doing. I want to defer it until I see a floor plan
on the Commodore Club.
Mr. Dawkins: On the 18th?
Mr. Plummer: That's fine, I don't care; if they could produce it
today.
UNIDENTIFIED SPEAKER: I have the floor plans in the original
permit.
Mr. Plummer: No, no today. You have a new owner in that place
now. Correct? There is a new owner of the Commodore Club. That
went to foreclosure.
UNIDENTIFIED SPEAKER: There is a new owner of the Commodore
Club. I'm not....
Mr. Plummer: No, you represent the bank.
UNIDENTIFIED SPEAKER: That is correct, if I may make a comment
just in light of what you've stated. There is a couple of
things. Number one, with respects to the Commodore Club, I
appreciate your interest there, but we're not proposing any
change in the use from that which was permitted back in 1972, and
based on that, I think as a matter of legal right, there is a
permanent grant of this conforming use status.
Mr. Plummer: I disagree with you. But that's your right and
mine. I say they did not conform at the time and by non-
conforming, they did not build in any rights. That's what I'm
saying.
UNIDENTIFIED SPEAKER: But you're basing your statement that they
didn't conform on the fact that you stated that there is not a
plan, and I have right here the resolution with the plan
attached.
Mr. Plummer: That is not what I said. I said the conditional
use. stipulates that plan had to be approved by the Planning
Department, which it never was.
UNIDENTIFIED SPEAKER: Can we use the exact language that the
resolution provides? The resolution says, "Conditional use
originally granted for two year period, subject to parking layout
as approved by the Planning Department."
Mr. Plummer: Exactly.
UNIDENTIFIED SPEAKER: It's attached also, but how can we... the
thing that I don't understand though is that the Commodore Club
operated for a number of years with this conditional use granted.
sl 94 June 20, 1985
Mr. Plummer: Correct.
UNIDENTIFIED SPEAKER: Though....
Mr. Plummer: I don't understand it either. They should have
never granted the certificate of occupancy. They should have
never granted it. It was not supposed to be done.
Ms. Janet Cooper: Mr. Plummer, I can answer that.
Mr. Plummer: I don't need you to. Thank you.
UNIDENTIFIED SPEAKER: The conditional use, though, was granted.
It was permanently granted.
Mr. Plummer: Somebody goofed!
UNIDENTIFIED SPEAKER: I don't know that they goofed. There is a
plan that is attached to this resolution.
Mr. Plummer: In behalf of you and your client, I want to say
thank you, thank you that the bank is wanting to provide more
parking than they have to. I think that's great. I have no
problem with you or your client. My problem is what is left,
which is a part of this application. That's my problem. Even
4,000 square feet of a night club and restaurant or Commodore
Club or private, 4,000 square feet with 13 parking spaces? Come
onl
UNIDENTIFIED SPEAKER: That is the use that was permanently
granted and is permitted under the code.
Mr. Plummer: I'm going to move that this matter be continued
until a floor plan is submitted on the use of the Commodore Club.
Then we can sit back and we can analyze this thing.
Mayor Ferre: We have a petition, and I guess it's in the form of
a motion by the Commissioner, and usually when people ask for
continuations, they are granted on this Commission. So, is there
a second?
Mr. Carollo: Second it.
Mayor Ferre: Now, under discussion, I think that there is... I
think Janet is right. There's some technical flaws in this. Is
that correct?
Ms. Cooper: Yes.
Mayor Ferre: I'm asking anybody, but you're....
Ms. Cooper: There are technical flaws; there are factual flaws;
there are missing files; there are all kinds of things here.
Mayor Ferre: I want to tell you, Janet, I may be voting for
this.
Ms. Cooper: I understand.
Mayor Ferre: I don't know that I will or I won't, but I may be
{ voting for it. I know... and you're a good lawyer. I don't want
you knocking it out before on technical flaws, so we need to
correct the technical flaws.
Ms. Cooper: There's much more than technical flaws. Decisions
{ that have been made have been based on factual errors. But I
r think that one of the problems is that I have never seen any
j statement as to how many square feet are in the Commodore Club,
_ s
or how many square feet will be used.
sl 95 June 20, 1985
k y
y 3 r
t �
X rA
i*
Mayor Ferre: I heard you. I'm not talking about that.
Ms. Cooper: I agree with Commissioner Plummer. We need to see a
plan to that effect.
Mr. Plummer: Well, Mr. Mayor, as part of my motion, I have
expressed on the record my area of concern. I have stated my
reasons of concern. May I, out of courtesy to you and to them
and to the Commission, ask you to put in writing all of the other
technicalities that you have so that when this matter comes back
before this Commission we can address them and hopefully they
will have the chance to answer or at least be prepared to address
the issues which you have.
Mayor Ferre: Are we ready to vote? Yes, sir.
Mr. Al Cardenas: Just for the record, I can get this on the
record, my name is Al Cardenas. I represent the Commodore folks,
who are leasing the parking spaces to these people and your major
source of concern. If I can suggest, Commissioner Plummer, as
part of your motion to continue thee matter, if we can focus it
in this direction. This is my suggestion. I would like for you
to give us the opportunity both to Ms. Cooper and to his firm
representing the Babylon and mine representing the Commodore
folks, to submit what we consider be the issues and our positions
to the legal department, and then have the legal department
advise you on what they think the technical points are, because
they are highly legal. I would presume that in being very
candid with you also, that if we get to a position whether the
Commodore is grandfathered in or not, that's probably going to
be, and the parking spaces, the crux of your ultimate position
on the matter. If we can filter than through the legal
department and have them take all of our input and give you their
own after they've received our input, that I think would be the
fairest way for us.
Mayor Ferre: You represent the owners of the Commodore?
Mr. Cardenas: That's right, the property adjacent to the
Babylon, which is owned by the bank.
Mayor Ferre: You represent the owners of the Babylon?
Mr. Alan Friedman: Yes, if I may, I am Alan Friedman, the firm
is Barber, Shevin, Chapman and Halburn.
Mayor Ferre: I just want to see who represents whom.
Mr. Plummer: I think when you come to the realization, you do
have a legal point, but still within the purview of this
Commission is to address another basic fact. That factor is, is
13 parking spaces adequate for 4,000 square foot of dining and
whatever is going to be proposed. That is another question, even
though it might be perfectly legal. This Commission within its
purview can deny this application. You have two points.
Mr. Cardenas: Let me, if I may, ask the legal department this.
It was my understanding that there was an application made for a
special class "C" permit. We're here on an appeal on the
granting of that permit.
Mr. Plummer: Correct.
Mr. Cardenas: I would, respectfully, Mr. Plummer, like to ask if
with your permission the City Attorney, whether we can entertain
the issue on Janet's appeal of whether the 13 spaces would be
�r.
sufficient.
1 sl 96 June 20, 1985
x .
r
7
Ms. Cooper: My appeal is not on that issue, but on all the
issues involved with the issuance of the class "C" permit. All
the decisions by the Zoning Administrator and further I'd like to
tell you, Mr. Plummer, please, I haven't said a word!
Mr. Plummer: Fine, Janet, but he asked a question of the City
Attorney.
Ms. Cooper: But the premise of the question is incomplete and
inaccurate.
Mr. Plummer: Mr. Cardenas, did you ask your question of the City
Attorney?
Mr. Cardenas: Yes.
Mr. Plummer: You might be City Attorney next week, but hold your
horses.
Ms. Cooper: I'm planning not to apply. You've got an excellent
City Attorney already.
Mr. Plummer: Can we hear the answer from the City Attorney?
Mr. Cardenas: I don't know that she would like to give it now.
That's fine with me. If she'd like to give it by the next
hearing, that's fine also.
Mrs. Dougherty: I'll be prepared by the next hearing.
Ms. Cooper: May I make a statement, please? one of the problems
that we have found in attempting to find out what is going on
with this file is plans have disappeared; documents have not been
made a part of the record. I have a stack of documents here
today that I obtained from Mr. Genuardi's files that he never
made a part of the official file. I got them after going there
three or four different times. This was even after Mr. Genuardi
submitted a memo in his signature in his handwriting with his own
signature stating he had additional information. Plans have
disappeared and are no longer available. Letters applicable to
this matter have disappeared and are no longer available.
Information has appeared in the files after the fact. For
example, very important, I have been told repeatedly by members
of the Planning Department and by Mr. Genuardi that this sketch
of 13 parking spaces has been attached to the resolution and that
I can check that in the Clerk's office. I came down here
yesterday and I looked on microfilm, which cannot have things
added to a file or removed from a file, because it's a continuous
piece of film, and there is no such plan in the records of the
City Clerk. Furthermore, I will state under oath today that I
made a photocopy of the entire file on the 1972 and 1975
application. I have that copy of the file. There was never a
copy of the City Commission resolution or the parking plan
attached to it. There was the initial submission of the parking
plan, but the resolution was never in the file two years ago when
I copied it and the parking plan was not attached to it. I don't
know who decided to staple two pieces of paper together, but they
were not there two years ago, and they're not in the City Clerk's
records.
Mayor Ferre: All right, thank you.
motion to continue? Call the roll.
sl
97
Further discussion on the
June 20, 1985
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-680
A MOTION TO CONTINUE CONSIDERATION OF AN
APPEAL BY AN AGGRIEVED PERSON, NAMELY, THE
POINT VIEW ASSOCIATION, CONCERNING A CLASS
"C" SPECIAL PERMIT ON PROPERTY LOCATED AT
1402 SO. BAYSHORE DRIVE (aka) 1402 S.E.
BAYSHORE DR. AND 200 S.E. 14 ST., PENDING THE
SUBMISSION OF A PLAN SPECIFICALLY DETAILING
THE USE OF THE COMMODORE ROWING & SAILING
CLUB PROPERTY; AND FURTHER DIRECTING THAT
THIS MATTER BE RESCHEDULED FOR THE MEETING OF
JULY 25, 1985.
Upon being seconded by Commissioner Carollo, the motion was
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
----------------------------------------------------------------
NOTE FOR THE RECORD: Commissioners Dawkins and Carollo, although
absent during nag roll call, asked of the Clerk to be shown voting
with the motion.
----------------------------------------------------------------
Mayor Ferre: The date certain on this?
Ms. Cooper: If I may speak on that for a moment.
Mr. Dawkins: July 23rd.
Mayor Ferre: July 25th, date certain. Very brief statement.
Ms. Cooper: Very briefly, I'm happy to put my comments and my
legal issues in writing, if the Commission demands it. However,
I have not been able to ascertain the facts or the issues because
of its unavailability.
Mayor Ferre: You've already said that.
Ms. Cooper: So I'm going to have difficulty doing that and I
think we ought to just come to the hearing and make our
presentation then.
Mr. Plummer: Then you're going to wind up deferring it again.
Ms. Cooper: I can't help it. I've been diligently working on
this and papers have been appearing and disappearing on me.
There is nothing I can do.
Mayor Ferre: Let the record reflect that I will not be voting
for any further deferrals beyond the 25th. Once is fine. That's
fair. Beyond that, I'm voting. That's just me.
Mr. Plummer: Mr. Mayor, it is predicated that deferral is
predicated on them submitting a floor plan. The 25th is the
earliest they can be before us. If they don't submit a floor
plan five days prior to the 25th, then they're not on the 25th
agenda. That was predicated on the motion.
June 20, 1985
0
Mr. Cardenas: Let me ask you, if I understand correctly,
Commissioner Plummer. Don't we have really, what you're saying,
two separate issues? One is, is the Babylon complying....
Mr. Plummer: We have two issues, but it's under one permit.
That's the problem. Hey, if the bank stood here alone today and
said they wanted to add 13 parking spaces, which is their primary
concern, I'll move that right now, because I think that's great.
But the second portion is what has me bothered, your client. The
second portion of allowing a place to operate with 4,000 square
feet of dining and whatever is going to be proposed to be there
with a maximum of 13 parking spaces, that's where my problem is.
Mr. Cardenas: If that's how you feel about it, maybe I can
simplify it, because you've got two properties right now that are
vacant. The Babylon is vacant and my client's property is
vacant. I can assure you that I am not sure based on what my
clients told me that he wants to have the facility opening up
that concerns you; although your concern I understand is most
justifyable. You can't have 13 spaces with 4,000 square feet
feet of club, unless legally you can't do anything about it. I
understand that. You, as a Commissioner, if you have a legal way
of handling it, you would like to. I understand that. But can't
we, and this is, I guess addressed through to the City Attorney,
can't we do something, which in effect allows the Babylon to have
its special permit, open its doors and then hold in abeyance
using the Commodore Club for any purposes until such time as its
issues are resolved to the satisfaction of this Commission.
Mr. Plummer: I say to you if the Babylon can apply for a permit
for opening up the bank with 13 additional parking spaces, I
think it's great.
Mr. Cardenas: I would proffer here with my client's consent, not
to open at all any use whatsoever on the Commodore property until
the issues you are concerned about are satisfactorily resolved,
if we can deal today with the issue of the special permit for the
Babylon.
Ms. Cooper: Excuse me, Mr. Cardenas, I believe if your client
wants to open that portion of the Babylon for which it has
parking on site, the 20 parking spaces, there would never be any
problem with that. I think they can go ahead, if you'll excuse
my giving my opinion, without it being asked directly. I think
that there is no problem with your utilizing as much of the
Babylon for whatever you have on site parking for. But the issue
with regard to any parking for either Babylon or Commodore Club
on the Commodore Club property, which is the subject matter of
this application, has been deferred. I think that a good
compromise is to allow them to go ahead and open as much of
Babylon as he has the parking on site for.
Mr. Cardenas: Basically, though, it's been deferred, but now
that I have understood the reasoning for a deferral, my request
that the matter be reconsidered is based on the following.
Commissioner Plummer stated that he has no problem with the bank
opening up with the additional spaces. His problem is having
both things done, the Commodore Plaza being opened with the
spaces it would have based on this special class "C" permit and
the bank also operating, because collectively, there would not be
sufficient parking spaces, if I understand the rationale. If
that is the rationale, my request that the motion defer the whole
thing be reconsidered, is based on the following. That is I
would proffer on behalf of the owner of the Commodore Plaza, that
it would not open its doors for any use whatsoever until the
issue is satisfactorily resolved to the City staff, Zoning Board,
and Commission, as long as the City allows the special permit to
stand, which would permit the Babylon to open up the offices of
the bank. That is basically the position that we would take at
this time.
sl
June 20, 1985
Mr. Plummer: The question I'm asking now is -I'm asking of the
City Attorney- is it possible for the bank to apply for a class
"C" permit with the Babylon property and the 13 additional
parking spaces? That's the question I'm at.
Mrs. Dougherty: They've already gotten it.
Mr. Plummer: No, no, because that permit is tied to the
Commodore Club.
Mrs. Dougherty: Isn't that what you said in the 13 additional
spaces?
Mr. Plummer: No, Lucia, there's
26 spaces
proposed in the back,
13 for the
Commodore, 13 to be
leased to these people. Can they
apply for
a... see, that's my
problem.
It's tied together in
one. Is it
possible that they,
the bank,
can apply for a class
"C" permit
just addressing the
bank and the
additional 13? If
they do, I
have no problem with
that.
Mrs. Dougherty: The 13 in the Commodore spaces.....
Mr. Plummer: Look, here is two properties. Here is the
Commodore Club. Here is the bank. The bank has (inaudible)..
They're proposing 13 here for the Commodore and 13 here for the
bank.
Mayor Ferre: Is there anything else on this subject. Plummer,
are we ready to move on?
Mr. Plummer: We're trying to accommodate, Mr. Mayor.
Mrs. Dougherty: The answer is can they....
Mr. Plummer: Can they get a permit of class "C" and this?
Mrs. Dougherty: That's what they've got.
Mr. Plummer: No, it includes this also. The application
includes the Commodore. If they can get a class "C" permit with
the Babylon and the additional 13, I say God bless them. I wish
you well.
Mr. Cardenas: We would commit on the record....
Mr. Plummer: But you understand that the Commodore then stands
alone.
Mr. Cardenas: Yes, that's right.
Mr. Plummer: I have no problem with that, none.
Mayor Ferre: And so?
Mr. Plummer: But I'm asking of the City Attorney can it be done?
I don't know.
Mrs. Dougherty: The answer is yes.
Mr. Plummer: So go apply for your permit.
i
Mayor Ferre: O.K., do we need a motion on that?
Mr. Plummer: No, we don't issue the permit.
i
Mr. Friedman: If I'm understanding you, though, you're saying,
our old position is that we've already made that application. As
Mr. Cardenas has pointed out, he's willing to proffer on the
record that....
sl 100 June 20, 1985
r
L.
Mr. Plummer: Counselor, the problem is you've made application
for that and the Commodore Club. That is included in that
permit. I will not vote for the Commodore Club. I'm trying to
help you and your client.
Mr. Friedman: We're not asking you to vote for the Commodore
Club. We are, but we understand what you're saying, but we have
said on the record....
Mr. Plummer: What I'm telling you is tomorrow morning you go
apply for a separate class "C", excluding the Commodore and you
get it.
Mr. Cardenas: Basically, what I don't understand is why can we
not as a condition for letting the special class "C" permit stand
request that....
Mr. Plummer: Because it contains both.
Mr. Cardenas: Because we would willingly vacate that portion
which contains anything in reference to the Commodore Plaza. You
gave us a permit. We have the right to proffer that we won't use
part of it and do it bindingly and in writing. That will avoid
having to apply for a permit. The reason for it is that there is
a major structure which sits vacant until the issue is resolved.
Mr. Plummer: Counselor, I'm being told, as much as I'm trying to
help the bank, and to the detriment of your client, I think, that
they can't do it. Would you put on the record the reason why?
Mrs. Dougherty: They can do it, but they have to go and apply
for a special exception before the Zoning Board for off -site
parking.
Mr. Cardenas: Then I think as far as we're concerned that the
best answer for us today is to leave on record the deferral of
the matter until next month, so we can proffer to the City
Attorney our legal position on the issues.
Mr. Plummer: That is predicated; let's understand each other,
predicated on a floor plan being submitted of the Commodore Club.
That's the gist of the motion. O.K.?
Mr. Cardenas: I don't understand.
Mr. Plummer: The understanding is that we've got to know how
much is going into that Commodore to be able to sit here and try
and make a determination as to the needed parking.
Mr. Cardenas: But if the City Attorney takes a legal position
that the Commodore has been a permanent use and it's legally
grandfathered in, then why would the floor plan be an issue?
Mr. Plummer: The grandfather only exists if you don't vacate
for -what is it?- six months and a day.
Ms. Cooper: For the information of the Commission, the Commodore
j Club has not been in operation since 1980 and the parking, the
13 parking spaces referred to, have never been in operation.
i
Mr. Plummer: The simple thing to do, as far as I'm concerned,
for the bank is just to apply for a separate permit.
Mr. Cardenas: Why don't we have a simple deferral and let us go
at risk with you on the legal issues alone. Because obviously if
we have a deferral and the City Attorney doesn't give you answers
which are satisfactory to you, you're going to vote against us
anyway.
101
June 20, 1985
Mr. Plummer: I've made my position, Mr. Cardenas, very clear.
I'm all for the bank and the additional banking. My problem is
what is left to operate the Commodore Club. I can't make my
position any clearer than that.
Mr. Cardenas: I know and our position is we don't want to start
the process over again.
Ms. Cooper: Why are we going on and on? It's been deferred.
Mr. Friedman: May I ask for a clarification? I did not
understand the deferral to include a requirement that a plan for
the Commodore be submitted.
Mr. Plummer: That was attached to the motion that passed.
Mr. Friedman: I thought that the deferral, though, was being
granted on the basis of allowing the parties to submit to the
City Attorney the various legal issues.
Mr. Plummer: That is also part of it.
Mr. Friedman: If the legal issues then prove that a plan for the
Commodore is not necessary, why are you insisting that it be
submitted?
Mr. Plummer: No, sir, that is not what the plan says; it's not
what the application says.
Mr. Friedman: I don't follow you.
Mayor Ferre: The record is very clear and it speaks for itself.
I think obviously if it comes out legally that you're correct,
the City Attorney rules that way and there is no need for
applying, then there is no need for applying legally. Now
Commissioner Plummer....
i
Mr. Friedman: I understood that it would not be advertised until
we submitted a plan.
Mr. Plummer: That is correct.
Mayor Ferre: That has nothing to do with the law, that has to do
with a condition that the maker of the motion put on the motion.
That is the way the motion was made.
a
Mr. Cardenas: It could theoretically
be, so I understand it
' correctly, that we will submit a floor
plan to you prior to the
five days. That will be part of the process.
We'll go through a
public hearing, and if legal takes
p g 9
a position, which is
acceptable to you that that floor plan is
moot, because....
Mr. Plummer: No, no, the floor plan
is not moot. No, sir,
i
absolutely not.
A
Mr. Cardenas: That legal position could
be given.
i
Mr. Plummer: We can still deny. It's
before us to approve or
deny. That floor plan can be perfectly
legal. Then what you're
doing is messing with the bank's additional
13 parking spaces,
because then we can deny their application, because then there
will be no space left for the Commodore
to increase the parking.
a
Mr. Aurelio Perez-Lugones: Commissioner
Plummer, that floor plan
x must be in my office at least ten days
prior to the date of the
hearing.
sl 102 June 20, 1985
Mr. Plummer: Ten days, I'm sorry. I thought it was five. Five
in my house.
Ms. Cooper: With a copy to me, may I be granted a copy?
Mr. Plummer: Public record.
Mr. Cardenas: What if legal took the position that the only
thing the City Commission could entertain is what's before it on
the record for the appellate process and the floor plan has not
been a part of the appellate process?
Mr. Plummer: This Commission still is empowered to deny the
request.
Mr. Cardenas: Yes, it is.
Mr. Plummer: So that's why the floor plan is important.
Mayor Ferre: I think what Cardenas is asking is the Babylon is a
separate issue.
Mr. Plummer: Except when they step over into the property of the
Commodore.
Mayor Ferre: What he is saying is approve the Babylon and then
get the Commodore and only deal with the Commodore issue....
Mr. Plummer: She said they can do that, but they have to go back
through the process to do it. They don't want to do that.
Mr. Friedman: If I may, I don't understand why we have to go
back through the process. Why can't it be considered today?
Mrs. Dougherty: All I'm saying is you have to go through the
process if you want to extract the Commodore portion of the
application.
Mayor Ferre: You mean they can't drop it here?
Mrs. Dougherty: You'd have to go back and get a special
exception for the Zoning Board if for off -site parking, if they
were not joint projects.
Mayor Ferre: So why don't you do that? Drop it here.
Mr. Plummer: Then they don't need a permit. They don't even
need a permit. They can just open up tomorrow. They have
adequate parking on site for the bank's operation now.
Mr. Friedman: I didn't understand that to be true.
Mr. Plummer: Excuse me, then they don't have adequate parking?
Ms. Cooper: No, that's why they need this permit and that's why
it's a joint permit. That's why it's taking parking from the
Commodore Club. You really can't give....
Mr. Plummer: What do they have to provide, the 13 additional?
Ms. Cooper: That's even unclear, because we don't have in the
record plans for the Babylon.
Mr. Plummer: Now we're being told by the Planning Department,
according to the granting of the class "C", both have to be taken
into consideration.
Mr. Friedman: Could I get a cite on the code on that, please.
sl 103
June 20, 1985
NNW- - - - -
r
Ms. Cooper: The site that your approval was granted, 2017.9,
it's a joint parking facility the code refers to the requirements
of both facilities individually that collectively they may not be
less than what both individually require. It would be much
easier if they didn't want to put office parking in a residential
district.
Mr. Plummer: This item is deferred until the 25th.
Ms. Cooper: Thank you very much. We'll see you on the 25th.
Mr. Plummer: Possibly on the 25th.
------------- ---------------------------------------------------
41 ACCEPT PLAT: HUD BON AIRE
Mayor Ferre: We're on item number 8, plat acceptance of Dade
County. The Plat Committee approved. Does anybody wish to speak
on item 8?
Mr. Plummer: Move it.
Mr. Perez: Second.
Mayor Ferre: Moved and seconded. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-681
{ A RESOLUTION ACCEPTING THE PLAT ENTITLED "H.U.D.
BON AIRE", 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.
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote-
3 AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
! Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
-----------------------------------------------------------
3 42 ACCEPT PLAT: HARDIE GROVE
-----------------------------------------------------------------
Mayor Ferre: On Robert and Lydia Clark plat, it's been approved
by the Plat Committee. Does anybody wish to speak to that?
Mr. Plummer: This is the one that Joanne Holshouser... is this
the one that was a problem? What was our problem on this one?
Is this the one that was being split from 100 foot lot to 250?
UNIDENTIFIED SPEAKER: Yes, sir.
sl
104
June 20, 1985
;p r
A
Mr. Plummer: For the record, Mr. Whipple, City Attorney,
whomever, is there anything within the power of this Commission
that we can stop this from happening?
Mrs. Dougherty: If they meet all the criteria, the subdivision
regulations, the answer is no.
Mr. Plummer: In other words, even if we wanted to stop it, we
can't.
Mrs. Dougherty: That's right. It's not discretionary.
Mr. Plummer: Just for the record, thank you. I move item 9.
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll on 9.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-682
A RESOLUTION ACCEPTING THE PLAT ENTITLED HARDIE
GROVE, A SUBDIVISION IN THE CITY OF MIAMI; AND
ACCEPTING THE DEDICATIONS SHOWN ON SAID PLAT; AND
ACCEPTING THE COVENANT TO RUN WITH THE LAND
POSTPONING THE IMMEDIATE CONSTRUCTION OF CERTAIN
IMPROVEMENTS UNTIL REQUIRED BY THE DEPARTMENT OF
PUBLIC WORKS; AND AUTHORIZING AND DIRECTING THE
CITY MANAGER AND THE 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 Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
-----------------------------------------------------------------
43 ACCEPT PLAT: NIN SANCHEZ-MEDINA
-----------------------------------------------------------------
Mayor Ferre: Take up 10, same thing. The Plat Committee and
Street Committee approved. Does anybody want to speak to that?
Mr. Plummer: Move.
Mayor Ferre: There is a motion by Plummer on 10.
Mr. Perez: Second.
Mayor Ferre:
Call the roll.
sl
Second by Commissioner Perez. Further discussion?
105
June 20, 1985
_ r�
y. .
0
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-683
A RESOLUTION ACCEPTING THE PLAT ENTITLED NIN
SANCHEZ-MEDINA, A SUBDIVISION IN THE CITY OF
MIAMI; AND ACCEPTING THE DEDICATIONS SHOWN ON
SAID PLAT; AND ACCEPTING THE COVENANT TO RUN WITH
THE LAND POSTPONING THE IMMEDIATE REMOVAL OF
CERTAIN IMPROVEMENTS UNTIL REQUIRED BY THE
DEPARTMENT OF PUBLIC WORKS; AND AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE THE PLAT AND PROVIDING FOR THE
RECORDATION OF SAID PLAT IN THE PUBLIC RECORDS OF
DADE COUNTY, FLORIDA.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote -
AYES% Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
----------------------------------------------------------------
NOTE FOR THE RECORD: Persons scheduled to appear on agenda 14
did show.
----------------------------------------------------------------
-----------------------------------------------------------------
44 SELECT SITES 8 AND 10 FOR SOUTH DISTRICT STATION
-----------------------------------------------------------------
Mayor Ferre: The City Attorney in New York has told us that we
need to vote on item 12 and go on the record on the site....
Mrs. Dougherty: I'd like to have a roll call on sites 8 and 10,
if those are which you desire.
Mr. Plummer: What?
Mrs. Dougherty: The roll call on the sites. I'd like them
specifically voted on for the district stations.
Mayor Ferre: I do think that is something that perhaps we need
to discuss. I'm for them, but I understand....
Mr. Plummer: We did discuss. We took the recommendations of the
City Manager and the Police Chief.
UNIDENTIFIED SPEAKER: We just need to have that on the record so
it is clear. We kind of jumped to 19 and 20.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: There is a motion on the reaffirmation of item 12
on the selection of those sites.
sl 106 June 20, 1985
Mr. Plummer: That's 19 and 20.
_Hay_oY Ferre: No, it isn't.
Mr. Plummer: 12 was only discussion; that was the problem.
Mrs. Dougherty: 8 and 10 are the site numbers.
Mr. Plummer: So move.
Mayor Ferre: Plummer moves. Perez seconds. Further discussion?
Call the roll.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-684
A MOTION TO APPROVE THE SELECTION OF SITES 8 AND
10 AS THE LOCATIONS FOR THE SOUTH DISTRICT
PROPOSED POLICE SUB -STATIONS.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mr. Plummer: Let me admonish the Chief. Is he here? Chief, why
in God's name did you put a price tag in there on that property?
If that thing goes into condemnation....
Mr. Pereira: That's the assessed value.
Mr. Plummer: That is the assessed value of the tax record. Let
the record so reflect that. I take back the admonishment.
45 APPROVE FUNDING FOR WOMEN'S HISTORY WEEK.
Mayor Ferre: Miss Unzueta.
Ms. Sylvia Unzueta: Thank you, Mr. Mayor.
Mr. Plummer: Is this approved by the Manager? I move item 15.
Ms. Unzueta: Are you moving the question or would you like to
hear something about it?
Mr. Plummer: I'm moving item 15, if the Mayor would get back in
his seat.
Ms. Unzueta: Please, Mr. Mayor, if you get back for a second.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Plummer moves.
Mr. Perez: Second.
sl
107
June 20, 1985
Mayor Ferre: Perez seconds. You mean you're going to deprive us
of a speech?
Mr. Plummer: Yes.
Ms. Unzueta: I'm ready to be the private speaking.
Mr. Plummer: If I have to listen to a speech, I ain't paying
too.
Mayor Ferre: Call the roll on 15, so Plummer can remain happy.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-685
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$37,104 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF WOMEN'S HISTORY
WEEK TO BE HELD MARCH 1-31, 1986; SAID ALLOCATION
BEING 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 Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
46 ALLOCATE CONTRIBUTION OF $2,000 AND $2,800 IN KIND SERVICES
IN SUPPORT OF HAITIAN-AMERICAN FESTIVAL JULY 4, 1985
-----------------------------------------------------------------
Mayor Ferre: Now we have 16, Jacques Despinosa.
Mr. Plummer: What is the Manager's recommendation?
Mayor Ferre: COMMENTS IN FRENCH.
Mr. Pereira: We made a... the request was for $5,800. We are
recommending a $2,000 cash contribution and a $2,800 in -kind
contribution for the festival.
Mr. Plummer: $4,800?
Mr. Pereira: Yes.
Mr. Plummer:
Mr. Perez:
Mayor Ferre:
sl
I move the Manager's recommendation.
Second.
Call the roll.
M
June 20, 1985
.IN
The following resolution was introduced by Commissioner
Plummer, who moved its adoption%
RESOLUTION NO. 85-686
A RESOLUTION ALLOCATING AN AMOUNT NOT TO EXCEED
$2,000 FROM SPECIAL PROGRAMS AND ACCOUNTS,
CONTINGENT FUND, IN SUPPORT OF THE. HAITIAN
AMERICAN 4TH OF JULY CELEBRATION, FURTHER
ALLOCATING AN AMOUNT NOT TO EXCEED $140 FROM
SPECIAL PROGRAMS AND ACCOUNTS, QUALITY OF LIFE
FUND, FOR A FEE WAIVER IN CONNECTION WITH THE
EVENT, FURTHER AUTHORIZING THE PROVISION OF IN -
KIND SERVICES FOR THE EVENT FOR A TOTAL OF $3207
FROM THE OPERATING BUDGETS OF THE DEPARTMENTS OF
POLICE SOLID WASTE, FIRE, RESCUE AND INSPECTION
SERVICES, AND PARKS AND RECREATION; SAID
ALLOCATIONS BEING CONDITIONED UPON SUBSTANTIAL
COMPLIANCE WITH CITY OF MIAMI ADMINISTRATIVE
POLICY NO. APM-1-84, DATED JANUARY 24, 1984;
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 PERMITS BY THE
DEPARTMENTS 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 Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
47 APPROVE CUSTODIAN BANK AGREEMENT -BOARD OF TRUSTEES MIAMI CITY
f EMPLOYEES RETIREMENT SYSTEM & ONE DESIGNATED BANKING FIRM
------------------------------------------------------------
Mr. Plummer: Mr. Mayor, let me bring this up, please. It is
recommended by the Miami City Employees Retirement System that
the contract with Comercia Trust Company of Florida providing
custodial services to the system be ratified by the Miami City
Commission. Mr. Mayor, I so move, in accordance with the
recommendations of the Manager.
Mr. Perez: Second.
Mayor Ferre: What item?
Mr. Plummer: It's not an item. This was one that was left off
the agenda for the Pension Department. I so move.
Mayor Ferre: Who is the custodial?
Mr. Plummer:
of Florida.
sl
The recommended custodial is Comerica Trust Company
109
June 20, 1985
Mr. Pereira: Comerica.
Mayor Ferre: O.K., moved and seconded. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-687
A RESOLUTION RATIFYING, APPROVING AND CONFIRMING
1 ATTACHED CUSTODIAN BANK AGREEMENT BETWEEN THE
BOARD OF TRUSTEES OF THE MIAMI CITY EMPLOYEES'
RETIREMENT SYSTEM AND 1 DESIGNATED BANKING FIRM
THEREBY PROVIDING CUSTODIAL SERVICES TO SAID
SYSTEM, USING MONIES THEREFOR FROM THE SYSTEM
TRUST FUND.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
----------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item 35 was continued to the next
meeting. Agenda items 36 and 37 are continued.
----------------------------------------------------------------
-----------------------------------------------------------------
48. AUTHORIZE EXECUTION OF INTERLOCAL AGREEMENT - DADE COUNTY
DISTRIBUTION OF PROCEEDS FOR PROPOSED 5 & 64 LOCAL OPTION GAS
TAX
----------------------------------------------------------------
Mayor Ferre: We have the Interlocal Agreement with Dade County
for the 5th and 6th cents. Mr. Manager, I saw the memorandum.
Mr. Pereira: Yes, sir.
Mayor Ferre: Let me give you my comments. Throughout American
cities, the core area always ends up getting in trouble because
they have to render more services and the people who use those
services pay taxes. In other words, people in places like
Chicago or Los Angeles and Boston and live outside, they live in
Roxbury or someplace and then they come in they use all the
services of Boston, but they don't pay the services, because
there's no way except sales taxes and things like that, but
that's not enough. Now here we have a case where the City of
Miami is allocated, the cities are allocated 26%. We get the
lion share of that. But not everybody in Miami... -J.L., I want
you to listen to this, because this is your theme too and I want
'
your help on it. Not everybody in Miami goes to Hialeah, with
a
all due respects. Not everybody in Coral Gables, I mean, not
everybody in Miami goes to Coral Gables, but for sure everybody
Y Y 9
.�
in Coral Gables and everybody in Hialeah come to Miami. That's
no question about it. Now the county has this formula and Miami
a=
has been growing. That formula used to be nice. It was a good
Xyy�
sl 110 June 20, 1985
V
IJ t�.j •,-i
. .)
formula. Plummer agreed to it some years ago, when he was the
president of the Dade League of Cities. Then they brought it
back and we agreed to it again and again and again. I know, it
helps Hialeah because it's more than they've got and it isn't bad
for us. But the truth of the matter is, you know, Dade County is
being short sighted, because as I told Tony Ojeda yesterday when
he said we and you... I said wait a moment, you know, because
the City of Miami is in Dade County, so that's the problem. We
always end up getting on the short side of housing because this
is for you and this is for us and it doesn't work out that way.
I'll go along with this, but somewhere along the line on the list
of things to be discussed between you and Merritt Stierheim... I
think that has to be a long term discussion about the needs of
this inner city, which is inner city Dade County and which the
people of Hialeah and Coral Gables also use. End of speech.
What do you want us to do on this?
Mr. Pereira: I want your authorization to enter into the
agreement, which basically is the same agreement that we entered
on two years ago in 1983, where the county received the 74% and
the city 26%. The county, by the way, had proposed to remove the
clause on the agreement where they will be spending 2/3rds of the
76% in the cities. We were there, Hialeah, Miami Beach, and the
League, and we forced the county to put that clause back in there
where 2/3rds of that 74% that they are receiving in fact is spent
within the municipality. We need the execution of the agreement,
Mr. Mayor, members of the Commission, because by State Statute,
if in fact we don't execute the agreement by July 1st, then there
will be a reverted clause that we'll enter where the county will
receive 87% and 13% for the cities. So we will lose 50% of our
allocation.
Mayor Ferre: I understand. I'm ready to vote for it.
Mr. Plummer: Mr. Mayor, I make a motion that we approve it
subject to any Commissioner having the opportunity to read it
over within... by the 27th of the month, if no Commissioner
objects, it's approved.
Mayor Ferre: O.K, there is a motion. Is there a second?
Mr. Perez: Second.
Mayor Ferre: Second by Commissioner Perez. Further discussion?
Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-688
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT WITH DADE COUNTY,
IN SUBSTANTIALLY THE FORM ATTACHED, TO ESTABLISH
A DISTRIBUTION OF PROCEEDS FOR THE PROPOSED FIFTH
AND SIXTH CENT LOCAL OPTION GASOLINE TAX.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the resolution
was passed and adopted by the following vote-
sl ill June 20, 1985
�_ '
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
-----------------------------------------------------------------
49 DISCUSSION: CONSTRUCTION SCHEDULE ON 17TH AVENUE 4-LANING
Mayor Ferre: On the same subject, Sergio, even though I risk
somebody saying this is self-serving because I live right off
17th, I'm not doing this because of me, Plummer, or Carollo or
anybody else who lives in that general vicinity, but I want to
tell you, the four laning of 17th has been kept putting it off
and on.
Mr. Plummer: No, they're working now. They're relocating all
the utilities from Flagler Street to Dixie Highway.
Mr. Pereira: That's right.
Mr. Plummer: They've been on that now for a month.
Mr. Pereira: They made all the right-of-way acquisition already.
Mayor Ferre: It's moving along.
Mr. Plummer: Matter of fact, yesterday they were tearing faces
off buildings down around Sth Street.
Mr. Pereira: I don't want to toot my own horn, but when I was in
the County I was able to move, it was delayed. I was
successfully able to move it on the capital improvement.
Mr. Plummer: Yes, it only took him twelve years to move it.
Mr. Pereira: No, J.L., when I got off the plane....
i
---------------------------------------------------------- ------
50 INSTRUCT PLANNING DEPARTMENT TO PUT AMENDMENTS TO BILLBOARD
ORDINANCE BEFORE PAB AT NEXT MEETING
-----------------------------------------------------------------
Mr. Carollo: Mr. Mayor, this will be brief. I'd like to make a
motion directing the Planning Department to put the new
amendments to the billboard ordinance on the next available PAB
agenda, Planning Advisory agenda.
Mr. Plummer: I thought we did that.
Mr. Carollo: No, we haven't.
Mr. Plummer: I second the motion.
Mayor Ferre:
roll.
sl
Moved and seconded. Further discussion? Call the
112
June 20, 1985
The following motion was introduced by Commissioner Carollo,
who moved its adoption:
MOTION NO. 85-689
A MOTION DIRECTING THE CITY MANAGER TO INSTRUCT
THE PLANNING DEPARTMENT TO PUT THE AMENDMENTS TO
THE BILLBOARD ORDINANCE BEFORE THE PLANNING
ADVISORY BOARD AT THEIR NEXT MEETING.
Upon being seconded by Commissioner Plummer, the motion was
passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
----------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Carollo left meeting due to
emergency in his business.
----------------------------------------------------------------
-----------------------------------------------------------------
51 INSTRUCT CITY MANAGER TO BRING 1979 STUDY OF DRUG REHAB
CLINICS LOCATED WITHIN THE CITY UP TO DATE
-----------------------------------------------------------------
j Mayor Ferre: There is a move afoot to increase two drug rehab
facilities in Miami. We now have the privilege of having nine of
these rehab... and I know they do a lot of good for a log of
people, but it just so happens that between N.E. 59th and N.E.
26th, which is a sum total of 33 blocks, all nine of these drug
rehab facilities exist. Now as you know, Commissioner Perez is
well aware, Rejis House, which is headed by Father Perez Lerena,
no relation, wants to build another and this one up on 75th
Street. Mr. Jacques Despinosse was here a little while ago, and
jI forgot to cover it, but the Haitian community, that's in the
middle of the Haitian community. In addition to which, I
understand there is another one down on South Bayshore Drive.
a
Mr. Plummer: Foster home.
I
Mayor Ferre: Foster home, not a drug rehab.
Mr. Plummer: Well, Mr. Mayor, it's listed on the record as a
foster home. Now whether or not the foster children are having a
problem, I don't know.
i
Mrs. Dougherty: It's abused children.
Mayor Ferre: That matter is coming up before the Commission on
July 25th. When is it coming up?
1
Mr. Pierce: That RFP won't be back until September.
Mayor Ferre: I see, O.K., I told Father Lerena that we want to
be helpful, but on the other hand I think he has to understand,
and he has a great idea, and that is that if it is going to be a
rehabilitation clinic for teenagers, none of these nine, none are
for teenagers. Now there are teenagers in these centers, but it
i isn't exclusively for teenagers, so that's a new wrinkle to it.
sl 113 June 20, 1985
On the other hand I think the last time we looked 83% of all
drugs rehab facilities in Metropolitan Dade County were in the
City of Miami, so besides having the problem of not getting all
the money we need for housing and not getting monies for streets
and avenues and so on, we end up getting all the rehab centers.
Mr. Plummer: Well, we're not getting any revenue money for use
of a city facility.
Mayor Ferre: No, because they don't pay taxes.
Mr. Plummer: No, we could probably sell that and get the revenue
either from a sale or lease it out to someone as we did with
station 4.
Mayor Ferre: The problem is you're talking about the one up on
75th Street.
Mr. Plummer: I'm talking about the old station 9, yes 75th
Street.
Mayor Ferre: Now the problem is, Mr. Manager, that the last time
we had a study done on this was 1979, so I don't think you need a
motion, although maybe I guess we do need to formalize it. I
would like to ask for a member of the Commission to make a motion
to instruct the administration before this matter goes much
further, that the 1979 study be brought to date, six years later;
it's time for us to do it again.
Mr. Plummer: So move.
Mr. Perez: Second. 0
Mayor Ferre: Is there a second? Further discussion? Call the
roll.
s Mr. Plummer: You are aware that the state tried to pre-empt
local authority as it related to zoning on that matter. it
failed is my understanding.
Mayor Ferre: Thank Godl
Mr. Plummer: They wanted the right to be able to go in any place
they wanted.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
4 MOTION NO. 85-690
A MOTION INSTRUCTING THE ADMINISTRATION TO BRING
UP TO DATE A 1979 STUDY WHICH WAS DONE BY THIS
CITY IN CONNECTION WITH THE PLACEMENT OF DRUG
REHAB CLINICS WITHIN CITY LIMITS; FURTHER
INSTRUCTING THE CITY MANAGER NOT TO ACT ON ANY
PENDING APPLICATIONS FOR ADDITIONAL DRUG REHAB
CLINICS UNTIL THIS STUDY IS BROUGHT UP TO DATE
AND THE MATTER IS FURTHER REVIEWED BY THE CITY
COMMISSION.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote-
0
sl
114
June 20, 1985
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
-----------------------------------------------------------------
52 ESTABLISH COMMITTEE TO CONSIDER MERGER OF OFF-STREET PARKING
& DOWNTOWN DEVELOPMENT AUTHORITY AND APPOINT PERSONS THERETO
Mr. Plummer: Are you ready for this other item I have?
Mayor Ferre: Yes, sir.
Mr. Plummer: Mr. Mayor, as you know, last year I raised holy
hell about the problem of the funding of DDA because last year
was for the first time that it had to be taken approximately
$670,000 out of general fund budget. There have been a number of
proposals that have been put forth. I would like to put forth,
Mr. Mayor, another proposal at this time. That is consideration
be given to merging of the DDA and the Off -Street Parking
Authority. I would like to ask this Commission to appoint a
committee of two members of the DDA, two members of the Off -
Street Parking Authority, both directors and Mr. Ron Silver, who
is the legal adviser to the Off -Street Parking. I don't know if
DDA has one, but if they do, he's to be invited. For the
purposes of consideration of merging the two to relieve the
crunch off this City and its general fund. I so move that in the
form of a motion. That's just to study it, Mr. Mayor, and come
back to this Commission with recommendations.
Mayor Ferre: I think that is a reasonable recommendation. Is
there a second? Further discussion? Call the roll on that.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-691
A MOTION TO ESTABLISH A COMMITTEE TO CONSIDER THE
MERGER OF THE DOWNTOWN DEVELOPMENT AUTHORITY AND
THE DEPARTMENT OF OFF-STREET PARKING IN THE HOPES
OF RELIEVING THE FINANCIAL CRUNCH BY THE
OPERATION OF THESE SEPARATE ENTITIES UPON THE
CITY; FURTHER CHARGING THIS COMMITTEE WITH THE
RESPONSIBILITY' OF MAKING RECOMMENDATIONS TO THE
CITY COMMISSION.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mr. Plummer: Mr. City Manager, would you inform both entities to
appoint....
sl
115
June 20, 1985
A 'I
Mayor Ferre: I think we need to appoint them. I'd like to
recommend that we appoint Eli Feinberg, David Weaver on the other
side. I think you need somebody who is Black. Who, what is the
name of that Black lady on the Off -Street Parking?
Mr. Pereira: Dianne Smith.
Mr. Plummer: Who else? You'd better recommend for the DDA.
Bill Klein.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: I tell you, Sergio, would the Manager be ex-
officio?
Mr. Plummer: No, I think he should be on the committee.
Mayor Ferre: Then that solves... you are Cuban, aren't you?
Because there is some question about it.
Mr. Pereira: The last time I checked, yes.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD.
Mayor Ferre: Bill Klein, O.K., Weaver, Smith, Feinberg, and
Klein.
Mr. Plummer: The two directors, the Manager, well, Ron Silver
would be ex-officio.
Mayor Ferre: No, I think Ron Silver should serve on it.
Mr. Plummer: O.K., fine. Make me Chairman.
Mayor Ferre: Feinberg and you, well then you're the Chairman.
Mr. Plummer: All right.
Mayor Ferre: Plummer is the Chairman. Then we have Weaver and
Smith, Feinberg and Klein, Pereira, Carlton, Kenzie, and Ron
Silver. Ron Silver is eight, and Plummer is nine, you're the
Chairman.
Mr. Plummer: Fine.
Mayor Ferre: Demetrio Perez moves that the following be
appointed: J.L. Plummer, Chairman, Weaver, Smith, Feinberg,
Klein, Pereira, Carlton, Kenzie, and Ron Silver as a committee.
Plummer seconds. Further discussion? Call the roll on the
appointment of that committee.
sl
116
June 20, 1985
a
The following motion was introduced by Commissioner Perez,
who moved its adoption:
MOTION NO. 85-692
A MOTION APPOINTING THE FOLLOWING INDIVIDUALS AS
MEMBERS OF A COMMITTEE TO CONSIDER AND MADE
RECOMMENDATIONS CONCERNING THE POSSIBLE MERGER OF
THE DOWNTOWN DEVELOPMENT AUTHORITY AND THE
DEPARTMENT OF OFF-STREET PARKING:
Chairman: Commissioner J.L. Plummer
Roger Carlton - Dir., Dept. Off -Street Parking
Roy Kenzie - Dir., Downtown Development Auth.
Ron Silver, Esq. - Counsel for Off -Street Park.
- Counsel for Downtown Dev't Auth.
Eli Feinberg
David Weaver
Dianne Smith
Bill Klein
Sergio Pereira, 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 Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
53 INSTRUCT CITY ATTORNEY TO DRAFT PROPOSED ORDINANCE IMPACT
FEES WHEN PROPERTIES ARE INCREASED IN VALUE BY REASON OF A
CHANGE OF ZONING CLASSIFICATION
------------------------------------------------------------
Mr. Plummer: I want to ask a question of the City Attorney.
Madam City Attorney, Commissioner Dawkins brought up a good
point today. I want to ask if it is legal, because if it isn't
legal, then why pursue it. When a person buys a piece of
property, they buy it with certain rights and that predicates
usually the price. When they come before this Commission and
they are granted twice or three times the value or the use of
that property, is it possible that this Commission or an
ordinance could set an appraisal of the property of the value
they bought it and appraisal of the value that they get by virtue
of the change of zoning and those dollars be given to impact
fees, which are really being created by these monstrous projects.
I think that is only fair. Is that possible to pursue?
Mrs. Dougherty: Yes, it is possible to pursue to have an impact
fee ordinance that would kick in when you're going to increase
the amount of impact by reason of the zoning. For example, the
more density, the higher... the more costly the sewer, the water,
the everything.
Mr. Plummer: So what you're saying it can't be done on the
appraisal.
Mrs. Dougherty: No.
Mr. Plummer: Then would you and the Planning Department then
come back and recommend to this Commission a way of a formula of
what can be considered impact fees for people who are getting far
i+a
i
i
Y
rc sl 117 June 20, 1985
in excess of what their rights are at the present time? Mr.
Mayor, do you understand what I am saying?
Mayor Ferre: No, I was reading something.
Mr. Plummer: I'm saying that when people get a change of zoning
and their value increases tremendously, they're also increasing a
load. I'm asking the Planning Department and the City Attorney
to come back with a formula for an impact fee predicated on the
use that they will get by virtue of the Commission approval.
Mayor Ferre: Great idea.
Mr. Plummer: I so move that they be instructed to proceed with
that.
Mayor Ferre: There is a motion. Perez seconds. Further
discussion? Call the roll.
Mr. Plummer: Excuse me, Sergio and Lucia, if this is possible, I
think it behooves you to immediately move so that Mr. Pereira,
when he puts his budget together can keep this in mind, which is
very, very important to budget.
Mr. Pereira: Thank you.
Mr. Plummer: Call the roll.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-693
A MOTION INSTRUCTING THE CITY ATTORNEY AND THE
PLANNING DEPARTMENT TO IMMEDIATELY PROCEED TO
DRAFT A PROPOSED IMPACT FEE ORDINANCE WHICH WOULD
KICK IN AT TIMES WHEN A DECISION BY THE CITY
COMMISSION INCREASES THE VALUE OF PROPERTIES
PURCHASED BY REASON OF A CHANGE OF ZONING WHICH,
IN TURN, ALLOWS THE CONSTRUCTION OF PROJECTS
WHICH SERIOUSLY IMPACT ON MUNICIPAL SERVICES.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
l
•
---- -------------------------------------------------------------
54 NOMINATE COMMISSIONER DEMETRIO PEREZ TO COUNCIL OF ARTS AND
SCIENCES
-----------------------------------------------------------------
Mr. Pereira: Mr. Mayor, I read on the newspaper yesterday that
the Council of Arts and Sciences had several vacancies and
they're on the board which deals with the distribution of the bed
}
tax money. Those nominations for those vacancies are to be in by
tomorrow at 4:00 P.M. I feel pretty strongly that since a large
amount of the bed tax money that is collected comes from within
is
municipal boundaries of our City, that we make an all out effort
to try to get someone who represents us, even though he's not
��-�
s1 118 June 20, 1985
.14
part of their by-laws, that we try to get someone appointed to
that board that in fact represents the interest of the City of
Miami.
Mr. Plummer: I nominate Commissioner Demetrio Perez. Well,
O.K., then I nominate Miller Dawkins and he's not here to speak
for himself. Let me tell you what the Manager is really trying
to tell you. On that Arts and Cultural Committee, that committee
has approximately one million dollars a year for their
activities, but importantly to us, especially with the new policy
of this Commission, 10% of their monies are for festivals. At
the present time, we have no representation on that committee. I
think the Manager is absolutely right that we need representation
of a City person there to fight for the people of the City to get
their funding from that special fund. I can't serve because I
sit on the counterpart, which is the T.D.C. I can't serve on
both. Matter of fact, if it were my choice, I'd take the other
one. It's less meetings. I nominate Commissioner Demetrio Perez
to be the City's representative.
Mayor Ferre: I second it. Demetrio, call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-694
A RESOLUTION NOMINATING AND RECOMMENDING THE
APPOINTMENT OF CITY OF MIAMI COMMISSIONER
DEMETRIO PEREZ, JR. TO THE METROPOLITAN DADE
COUNTY COUNCIL OF ARTS AND SCIENCES: DIRECTING
THE CITY CLERK TO FORWARD A COPY OF THIS
RESOLUTION TO THE EXECUTIVE DIRECTOR OF SAID
COUNCIL AND TO EACH MEMBER OF THE DADE COUNTY
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 Mayor Ferre, the resolution was
passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
-----------------------------------------------------------------
55 BRIEF DISCUSSION BY CITY MANAGER OF BUDGET PREPARATION AND
WASTE COLLECTION FEES
Mr. Pereira: Mr. Mayor, members of the Commission, as you know,
I am in the process of preparing a budget for next fiscal year,
and it was brought to my attention that back in November of 1984
at a Commission meeting, this Commission approved the increase on
the solid waste collection fees. It was also noted that before
the notices went out for the second billing of the fees, as you
recall, were increased from $100 to $160. The first billing of
$30 went out earlier in the year. We're ready to go out in July
1st with the additional $30. As we read the record, staff
brought to my attention that we had to notify you that this in
fact was going to occur on July 1st. Let me say to you that in
sl
119
June 20, 1985
. _11 /01�
reviewing a budget, there is no question in my mind that the
second part of this increase is necessary in order to maintain a
balanced budget. In addition, as you all well know, next year
the county has raised their dumping fees, which will be
equivalent to an additional $2.2 million that we are going to
have to deal with. I am informing you that we will be issuing
those bills as of July 1st.
Mr. Plummer: No, sir, you cannot. Go back and read the
resolution. That resolution was tied to a $50,000 study that was
supposed to be completed in January of this year. Once that
study was completed, this Commission would analyze it and then
this Commission would approve or disapprove that increase. Go
back and read the resolution.
Mr. Pereira: Mano, do you have the resolution there?
56 ESTABLISH DATE OF AUGUST 9-10-11 AS GROUND BREAKING EVENT
DAYS FOR THE CEREMONIES ATTENDANT TO THE REDEVELOPMENT OF
BAYFRONT PARK AND CONSTRUCTION OF FOUNTAIN
-----------------------------------------------------------------
Mayor Ferre: We need to set, Demetrio, we need to set a ground
breaking day for the park, J.L.
Mr. Plummer: What park?
Mayor Ferre: Bayfront, Pepper would like to evidently do it in
the first week of August. When are you going to Colorado?
Mr. Plummer: In August I will be out of the City until August
5th. I leave again on the 23rd.
Mayor Ferre: So then we'll do it after 5th, August 9th, 8th,...
8th, 9th, loth. Plummer, 8th, 9th, lOth?
i
Mr. Plummer: It was my understanding that Senator Pepper had
requested the Saturday, whatever that was.
Mayor Ferre: Saturday the loth, 9th, loth, and llth, anywhere in
there. That would give him the day before and the day after.
Perez moves. Plummer seconds that the ground breaking for the
new park in Bayfront Park be either August 8th, 9th, or loth.
I'm sorry, 9th, loth, or llth. Call the roll.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-695
A MOTION ESTABLISHING THE DATES OF AUGUST 9, 10,
AND 11, 1985 FOR GROUND -BREAKING AND OFFICIAL
CEREMONIES AT THE NEWLY REDEVELOPED BAYFRONT PARK
AND THE CONSTRUCTION OF THE CLAUDE AND MILDRED
PEPPER FOUNTAIN.
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote-
,k�
4 iur sl 120
t
June 20, 1985
}q)
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 6:05 P.M.
Maurice A. Ferre
M A Y 0 R
ATTEST:
Ralph G. Ongie
CITY CLERK
Matty Hirai
ASSISTANT CITY CLERK
�I
sl
121
June 20, 1985
ITIVIV, OF mi mi
DOCUMENT
MEETING DATE
+Q �■eo�e oR�rto {� _
is oilJune 20, 1985
ITEM NO DOCUMENT IDENTIFICATION
ALLOCATE $96,000 IN SUPPORT OF THE LATIN
CHAMBER OF COMMERCE OF THE UNITED STATES
(CAMACOL) PROGRAM FOR FUNDING PERMANENT
SECRETARIAT OF HEMISPHERIC CONGRESS OF
LATIN CHAMBERS OF COMMERCE AND INDUSTRY.
FURTHER AUTHORIZE CITY MANAGER/CITY ATTORNEY
TO EXECUTE AN AGREEMENT WITH SAID ORGANIZA—
TION.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
EXECUTE AN AGREEMENT WITH THE LATIN CHAMBER
OF COMMERCE OF THE UNITED STATES (CAMACOL)
FOR THE SIXTH HEMISPHERIC CONGRESS TO BE
HELD SEPTEMBER 1985 IN MIAMI. ALLOCATE
$34,000.00.
AUTHORIZE AN AGREEMENT WITH TONY TAYLOR
BASEBALL ACADEMY FOR THREE DAYS PERIOD
(JUNE 28 — 30, 1985) AT JOSE MARTI AND
FERN ISLE PARKS DURING THE PUERTO RICO/MIAMI
YOUTH BASEBALL TOURNAMENT, IN AN EFFORT
TO RAISE FUNDS TOWARD THE COST OF TRANSPORT—
ING THE MIAMI TEAM TO A TOURNAMENT IN PUERTO
RICO.
AUTHORIZE THE PURCHASE OF 1,500 ADMISSIONS TO
CASTLE PARK ($6,750) AND 1050 ADMISSIONS
TO SIXTH FLAGS ATLANTIS ($5,197.50) AS
A PART OF THE 1985 MIAMI'S FOR RECREATION
PROGRAM; ETC.....
AUTHORIZE CITY MANAGER TO EXECUTE THE RENE—
GOTIATED AGREEMENT WITH ALBERT R. PEREZ
ASSOC. P.A. TO DESIGN/CONSTRUCT THE BLUE
LAGOON PARK DEVELOPMENT PROJECT.
ALLOCATE $6,000 IN SUPPORT OF THE MIAMI
SENIOR HIGH SCHOOL MARCHING/CONCERT BANDS
TO PARTIALLY COVER COST OF SENDING ONE
HUNDRED THREE MEMBERS OF THE BAND TO PARTI—
CIPATE IN THE MEXICAN INVITATIONAL MUSIC
FESTIVAL (MAY 23 — 26, 1985).
ALLOCATE $3,145.83 OF TENTH YEAR COMMUNITY
DEVELOPMENT GRANT FUNDS OF MARTIN LUTHER
KING ECONOMIC DEVELOPMENT CORP (MLKEDCO),
TO CONTINUE IMPLEMENTING AN ECONOMIC DE—
VELOPMENT PROGRAM; ETC...
COMMISSION
Ar,rtnN AND
85-653
85-654
85-655
85-656
85-657
85-659
DOCUMENT,mlRDEX
CONTINUED
D�CWS:NT iDCkTiFitAtION
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREE-
MENT WITH GREATER MIAMI UNITED (GMU) ($100,000)
FOR PROVIDING SPECIALIZED ADMISTRATIVE
AND TECHNICAL ASSISTANCE TO CBO'S.
AUTHORIZE CITY MANAGER TO EXECUTE INDIVI-
DUAL CONTRACTUAL AGREEMENTS WITH TEN (10)
NEIGHBORHOOD ECONOMIC DEVELOPMENT ORGANI-
ZATIONS TO CONTINUE IMPLEMENTING A NED
PROGRAM.
AUTHORIZE A REQUEST FOR PROPOSALS FOR THE
LEASE OF FORMER FIRE STATION #9 (7561 N.E.
FIRST AVENUE) FOR THE PURPOSE OF PROVIDING
SOCIAL SERVICE PROGRAMS.
CLAIM SETTLEMENT: ZEOLA DORSEY $5,500.
AUTHORIZE CITY MANAGER TO PURCHASE EIGHT
PARCELS OF LAND: SOUTHEAST OVERTOWN/PARK
WEST REDEVELOPMENT AREA; ETC...
ALLOCATE $15,000 TO COVER THE USE FEE FOR
MIAMI MARINE STADIUM (JULY 4, 13, 20, 1985),
FOR THE SUMMER POPS CONCERT SERIES.
ACCEPT RECOMMENDATIONS OF CITY MANAGER
AND COMPETITIVE SELECTION COMMITTEE CONCERN-
ING CONSULTANT SELECTION FOR DRI APPLICA-
TION FOR DOWNTOWN MIAMI, (DAVID PLUMMER
AND ASSOCIATES, INC.; BARTON - ASCHMAN
ASSOCIATER, INC., GREINER ENGINEERING SCIEN-
CES, INC.).
ALLOCATE $16,000 IN SUPPORT OF THE 1985
INTERNATIONAL FESTIVAL.
RELAX LIMITATIONS TO ALLOW THE STAGING
OF PYROTECHNIC DISPLAYS IN PEACOCK PARK
UNTIL 10:30 P.M. JULY 14, 1985.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
AMEND AGREEMENT WITH MLKEDCO FOR PURCHASE
OF LINCOLN SQUARE OFFICE COMPLEX.
CLOSE/VACATE/ABANDON/DISCONTINUE PUBLIC USE
OF PORTION OF N.W. 5TH AND 6TH AVENUES, N.W.
5 COURT, N.W. 11 TERRACE, AND N.W. 12TH
AND 13TH STREETS.
85-661
85-662
85-663
85-664
85-665
85-667
85-673
85-674
im
I
DOCUI�IENT�I1VDEx
CONTINUED
3MUbCgT 3UNTIFItATSON
APPROVE CONSULTING FIRMS FOR PLANNING/DESIGN
OF A POLICE SUBSTATION FOR THE NORTH DIS-
TRICT (LIBERTY CITY); ETC...
APPROVE CONSULTING FIRMS FOR PLANNING/DESIGN
OF A POLICE SUBSTATION FOR THE SOUTH DIS-
TRICT (LITTLE HAVANA): ETC...
AUTHORIZE LOAN: GARCES COMMERCIAL COLLEGE
($300,000) TO BE PROCESSED THROUGH MIAMI
CAPITAL DEVELOPMENT, INC.
AMEND THE WORLD TRADE CENTER (A/K/A CENTRUST
TOWER) PROJECT DEVELOPMENT ORDER (APPROXI-
MATELY 100 SOUTHEAST 2ND STREET AND 201
- 299 SOUTHEAST 1ST AVENUE) BY AUTHORIZING
AN ADDITIONAL 27,910 GROSS SQUARE FEET
OF OFFICE AREA.
ALLOCATE $10,000 IN SUPPORT OF SOCIEDAD
PRO ARTE GRATELI, INC. FOR THE PRODUCTION
OF "LA CORTE DEL FARAON" (JULY 27 - 28,
1985).
ACCEPT PLAT: "H.U.D. BON AIRE". AUTHORIZE/
DIRECT CITY MANAGER/CITY CLERK TO EXECUTE
THE PLAT AND PROVIDE FOR THE RECORDATION
IN THE PUBLIC RECORDS OF DADE COUNTY, FLORI-
DA.
ACCEPT PLAT: NIN SANCHEZ-MEDINA. AUTHORIZE/
DIRECT CITY MANAGER/CITY CLERK TO EXECUTE
THE PLAT AND PROVIDE FOR THE RECORDATION
OF SAID PLAT IN THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA.
ALLOCATE $37,104 IN SUPPORT OF WOMEN"S
HISTORY WEEK TO BE HELD MARCH 1 - 31, 1986.
ALLOCATE $2,000, IN SUPPORT OF THE HAITIAN
AMERICAN 4TH OF JULY CELEBRATION. AUTHORIZE
IN -KIND SERVICES FOR THE EVENTS ($3,207).
RATIFY/APPROVE/CONFIRM 1 ATTACHED CUSTODIAN
BANK AGREEMENT BETWEEN THE BOARD OF TRUSTEES
OF THE MIAMI CITY EMPLOYEES' RETIREMENT
SYSTEM AND 1 DESIGNATED BANKING FIRM.
i
85-675
85-676
85-677
85-679
F-Miffil
0
11
.D000�IENT�I N DEx
CONTINUED