HomeMy WebLinkAboutCC 1985-03-28 MinutesCITY OF MIFr'91
COMMISSION
MINUTES
OF MEETING HELD ON March. 28, 1985
(PLANNING & ZONING)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
E
4
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
MARCH 28, 1985
ITEM SUBJECT LEGISLATION PAGE
NO. NO. -
1
PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS.
DISCUSSION
1
2
MAJOR HIGH-TECH RESEARCH AND DEVELOPMENT CENTER.
R-85-316
2
3
EXECUTE AGREEMENT: MARILYN F. REED, PROFESSIONAL
CONSULTANT SERVICES IN THE AREA OF ENVIROMENTAL
EXPERTISE -LEGISLATIVE AND ADMINISTRATIVE
ACTIVITY.
R-85-317
3
4
EXECUTE AGREEMENT. M. ATHALIE RANGE,
PROFESSIONAL LEGISLATIVE CONSULTANT LEGISLATION
IMPACTING CITY AND ITS CITIZENS.
R-85-318
3
5
GRANT PERMISSION FOR SIDEWALK ART SHOW. COCONUT
GROVE ARTISTS. COMMODORE PLAZA, APRIL 16, 1985.
R-85-319
4
6
ALLOCATE $60,000 FOR NEW FURNITURE IN RECENTLY
CONSTRUCTED BUILDING IN ALLAPATTAH. COMMUNITY
DEVELOPMENT.
M-85-320
5
7
C.O.T.A.L. CONGRESS CONVENTION TO BE HELD IN
MIAMI, MAY 13-18, 1985-ALLOCATE FUNDS.
M-85-321
6
8
EXTEND THANKS OF THE COMMISSION TO THOSE PERSONS
RESPONSIBLE FOR BRINGING THE COTAL CONGRESS TO
MIAMI.
M-85-322
6
9
EXTEND GET WELL WISHES TO MONTY TRAINER.
M-85-323
7
10
EXPRESS GRATITUDE TO INDIVIDUALS FOR BRINGING
THE INTER AMERICAN BANK ANNUAL MEETING TO MIAMI
IN 1987
M-85-324
7
11
SUPPORT MIAMI HOUSING COOPERATIVE FORUM.
R-85-325
8
12
BLOODLESS BULLFIGHTING. REQUEST FOR ENDORSEMENT.
DISCUSSION
8
13
URGE SOUTHERN BELL TO NOTIFY CUSTOMERS OF CITY
COMMISSION ACTION IN DENYING TELEPHONE SERVICE
TAXES.
R-85-326
9
14
DISCUSSION ITEMS BY COMMISSIONER DAWKINS. WHY
ADDITIONAL SANITATION WORKERS WERE NOT HIRED AS
DIRECTED.
DISCUSSION
9
15
CONDOLENCES. DEATH OF POLICE OFFICER JACK DOMM.
R-85-327
10
16
SUPPORT 7TH ANNUAL COCONUT GROVE BED RACE FOR
MUSCULAR DYSTROPHY.
R-85-328
10
17
DISPATCH OF EQUIPMENT FOR A PERSON WHO SUFFERED
A MINOR INJURY.
DISCUSSION
11
18
SWEARING IN CEREMONY FOR NEWLY APPOINTED SERGIO
PEREIRA.
DISCUSSION
11
19 GRATITUDE AND THANKS TO RANDY ROSENCRANTZ FOR
HIS SERVICE AS INTERIM CITY MANAGER AND TO ALL
ASSISTANT CITY MANAGERS. M-85-329 11
a
a
M-85-330
20
DISCUSSION AND TEMPORARY DEFERRAL OF REQUEST FOR
LEASE OF SPACE BY OFF STREET PARKING AUTHORITY.
DISCUSSION
12
21
DISCUSSION ITEM: LIBRARY BUILDING IN BAYFRONT
PARK PROPOSED TO BE DEMOLISHED IN CONNECTION
WITH REDEVELOPMENT OF BAYFRONT PARK.
DISCUSSION
13-23
22
SECOND READING ORDINANCE: CHANGE ZONING
CLASSIFICATION 4141 N.E. 2 AVENUE-CG-2/7 TO SPI-
8
ORD. 9973
23-25
23
SECOND READING ORDINANCE. CHANGE ZONING
CLASSIFICATION 5631 N.W. 7 STREET RG-3/5 TO CR-
2/7
ORD. 9974
26
24
SECOND READING ORDINANCE. APPLY HC-1 HERITAGE
CONSERVATION OVERLAY DISTRICT TO INGRAHAM
BUILDING INCL.LOBBY 25 S.E. 2 AVE.
ORD. 9975
26
25
FIRST READING ORDINANCE. ATLAS CHANGE. CHANGE
ZONING CLASSIFICATION 701 - 745 N.W. 6 AVE. E.
SIDE ONLY ETC.
1ST READING
27
26
FIRST READING ORDINANCE. APPLY HC-1 HERITAGE
CONSERVATION OVERLAY DISTRICT TO SUNSHINE FRUITS
COMPANY INN 3940 MAIN HIGHWAY.
1ST READING
28
27
AUTHORIZE FINAL APPLICATION FOR MAJOR USE
PERMIT. LE JEUNE CENTER, INC. 780 N.W. 42
AVENUE.
R-85-331
29-30
28
STREET CLOSURE: PORTION OF S.W. MIAMI AVENUE
ROAD (DISCUSSED AND TEMPORARILY DEFERRED).
DISCUSSION
31
29
ACCEPT PLAT: "DOWNTOWN GOVERNMENT CENTER FIRST
ADDITION"
R-85-332
32
30
ACCEPT PLAT: "CULMER STATION".
R-85-333
33
31
DISCUSSION ITEM: FUNDING FOR FESTIVALS.
DISCUSSION
34
32
ACCEPT BID. ONE ELECTRONIC PAPER CUTTER,
DEPARTMENT OF BUILDING AND VEHICLE MAINTENANCE.
R-85-334
34-35
33
ACCEPT BID. RENTAL OF SIX-15 PASSENGER VANS
PASSED AT THIS POINT, LATER RECONSIDERED, LATER
PASSED AGAIN.
R-85-335
35-36
34
ENTER INTO AGREEMENT. ALLOCATE $5,000 WYNWOOD
ELDERLY CENTER PURCHASE 2-15 PASSENGER VANS.
R-85-336
36
35
ACCEPT BID. 500 OUTDOOR TRASH RECEPTACLES
(DISCUSSED AND TEMPORARILY DEFERRED).
DISCUSSION
37
35.1
ACCEPT BID. RENTAL OF SIX-15 PASSENGER VAN.
(MOTION TO RECONSIDER EARLIER PASSAGE)
DISCUSSION
37
35.2
BACK TO TRASH RECEPTACLES.
DISCUSSION
38
36
BACK TO RENTAL OF SIX 15 PASSENGER VANS.
M-85-337
38-39
37
REPASSING OF RESOLUTION ACCEPT BID. RENTAL OF
SIX 15 PASSENGER VANS.
R-85-338
39-42
38
ENTER INTO AGREEMENT. OVERTOWN ECONOMIC
DEVELOPMENT CORPORATION, INC. IMPLEMENT
RENOVATION OF THE CULMER CENTER.
R-85-339
44-45
39
CONCERNING AMENDING DEVELOPMENT ORDER FOR
DEVELOPMENT OF CLAUGHTON 1SLAND. DECLARE NO CASH
CONTRIBUTION WILL BE ACCEPTED. MANDATE
CONSTRUCTION OF "MIDDLE INCOME" OR "AFFORDABLE"
UNITS TO BE CONSTRUCTED-75 UNITS EACH IN 3
BUILDINGS ETC.
M-85-340
45-54
40
DEVELOPMENT ORDERS. MIAMI CENTER I AND MIAMI
CENTER II-MIAMI CENTER I- WITHDRAWN. MIAMI
CENTER II- CONTINUED IN RELATION TO TIME ONLY,
M-85-341
54-74
41
SECOND READING ORDINANCE. PORTION OF AMENDMENT
"L" ORDINANCE 9500.
ORD. 9976
74-75
42
ANNOUNCEMENT: SUPREME COURRT UPHOLDS VALIDITY OF
USE OF DOCUMENTARY TAX FUNDS FOR HOUSING.
DISCUSSION
76
43
FIRST READING ORDINANCE. CHANGE ZONING
CLASSIFICATION 3898 N.W. 7 STREET FROM: RG 2/4
TO CR-2/7
1ST READING
76-79
44
DENY REQUEST OF PLANNING DEPARTMENT FOR
APPLICATIONN OF HC-1 TO "OLD POST OFFICE" - 100
N.E. 1 AVENUE.
M-85-342
79-83
45
STREET CLOSURE. PORTION OF S.W. MIAMI AVENUE
ROAD.
R-85-343
83-86
46
FIRST READING ORDINANCE. AMEND SPI-17 SOUTH
BAYSHORE OVERLAY DISTRICT 15172.2.1 PARKING -
BONUSES ETC.
1ST READING
86-88
47
FIRST READING ORDINANCE. AMENDMENT "N" SECTION
2003.7.3 TRAVEL AGENCIES.
1ST READING
88-89
48
FIRST READING ORDINANCE. AMEND SCHEDULE OF
DISTRICT REGULATIONNS RG-2-3-GENERAL
RESIDENTIAL -TRANSIT DISTRICT.
1ST READING
89-91
49
ENGAGE OUTSIDE LEGAL SERVICES. JOSE GARCIA
PEDROSA OF LAW FIRM OF FINLEY, KUMBLE, WAGNER,
HEINE, UNDERBERG, MANLEY AND CASEY. BRICKELLBANC
SAVINGS ASSOCIATION VS. CITY OF MIAMI.
R-85-344
92
50
SELECT CPA FIRM AND APPOINT COMMITTEE MEMBERS.
EVALUATE PROPOSAL FOR UNIFIED DEVELOPMENT
PROJECT. 68 ACRES OF CITY OWNED LAND ON WATSON
ISLAND.
R-85-345
93
51
APPROVE EMERGENCY PURCHASE OF SERVICES.
BELAFONTE TACOLCY CENTER (BTC)-ADMINISTRATION
AND OPERATION JPTA TITLE II-B SUMMER YOUTH
EMPLOYMENT AND TRAINING PROGRAM.
R-85-346
94
52
ORDER APPRAISALS FOR PURCHASE OF VACANT PROPERTY
FRONTING BISCAYNE BAY. N.E. 69 AND 71 STREETS
FOR USE AS PARK OR MARINA.
M-85-347
95
53
ALLOCATE ADDITIONAL $32,000 TO DESIGN PLAZA
MERCHANTS "MIAMI MARKET DAYS".
M-85-348
96-100
54
ACCEPT BID. 500 OUTDOOR CONCRETE TRASH
RECEPTACLES.
R-85-349
102
55
AUTHORIZE CITY MANAGER TO ALLOCATE $9,000 FOR AD
IN BLACK ENTERPRISE MAGAZINE (LATER AMENDED).
M-85-350
103-104
M-85-351
56
APPROVE PRELIMINARY OFFICIAL STATEMENT.
$331000,000 CITY OF MIAMI GENERAL OBLIGATION
BONDS.
R-85-352
107
57
APPROVE NOTICE OF SALE FOR BONDS. $33,000,000 AS
DELINEATED.
R-85-353
108
58
AUTHORIZE CITY MANAGER AND CITY ATTORNEY TO
BEGIN PREPARATION OF BOND ISSUE FOR PARK WEST
OVERTOWN AREA.
M-85-354
108
59 AMEND ALLOCATION FOR AD IN BLACK ENTERPRISE
MAGAZINE ADDITIONALL AMOUNT SO AD IS IN COLOR
SUBJECT TO REVIEW. ETC. M-85-355 108-110
60
PERSONAL APPEARANCE. WELLINGTON ROLLE REGARDING
SPECIAL ACT. 166 PROHIBITING CONSTRUCTION IN
BAYFRONT PARK.
DISCUSSION
61
DISCUSSION OF EMOLUMENTS OF OFFICE FOR NEWLY
APPOINTED CITY MANAGER SERGIO PEREIRA AND
ADOPTION OF FORMAL RESOLUTION.
M-85-356
R-85-357
62
DISCUSSION OF POSSIBLE APPOINTMENTS TO
SCHORELINE DEVELOPMENT REVIEW COMMITTEE,
DISCUSSION
63
MOTION OF INTENT CONCERNING REVISIONS TO
PROPOSED CHARTER AMENDMENTS ON STRONG MAYOR FORM
OF GOVERNMENT, EXPANSION OF THE CITY COMMISSION
AND NOVEMBER 1985 EFFECTIVE DATE IF SUCCESSFULLY
PASSED AT A SPECIAL ELECTION IN JULY.
M-85-358
v
112
112-120
121-123
123-129 -
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 28th day of March, 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 9:17 O'Clock A.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
ABSENT:
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
ALSO PRESENT:
Randolph B. Rosencrantz, City Manager
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
An invocation was delivered by Mayor Ferre who then led
those present in a pledge of allegiance to the flag.
---------------------- --------------------------------------
NOTE FOR THE RECORD: A RECORDING PROBLEM THAT WAS
UNDETECTABLE FROM THE MONITORING EQUIPMENT PREVENTED THE
RECORDING OF THIS MEETING FROM 9:17 A.M. UNTIL APPROXIMATELY
11:00 A.M. LABEL ITEMS 1 THROUGH 20 WERE RECONSTRUCTED FROM
NOTES. VERBATIM TRANSCRIPT BEGINS WITH LABEL 20.
------------------------------------------------------------
------------------------------------------------------------
1 PLAQUES, PROCLAMATIONS AND SPECIAL ITEMS
------------------------------------------------------------
A. PRESENTATION: Father Joseph Carroll, Children's Mission.
-------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Perez and Vice Mayor
Carollo arrived at 9:18 A.M.
------------------------------------------------------------
B. PRESENTATION: David Houck Committee on Beautification &
Environment.
C. RETIREMENT PLAQUE: Fireman Edward E. Abraira
D. PRESENTATION BY ARTIST COMMISSIONED FOR THE DESIGN OF A
NEW "KEY TO THE CITY OF MIAMI" - Bobby Berkman, Artist.
sl 1 March 28, 1985
---------------------------------------------------
2 MAJOR HIGH-TECH RESEARCH AND DEVELOPMENT CENTER
Mr. Ed Houston appeared before the City Commission regarding
the need for a letter to be presented to the Board of
Regents reaffirming previously stated Commission policy
regarding the establishment of a Major High Tech Research
and Development Center at the property owned by the City at
1145 N.W. 11th Street, formerly known as the Municipal
Just.ic, Building. Mr. Houston stated that the Board of
Regents was meeting today and it was necessary to have an
expression of intention and support to present to them at
their meeting.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-316
A RESOLUTION RATIFYING THE LETTER OF
INTENT BETWEEN THE CITY OF MIAMI AND
FLORIDA INTERNATIONAL UNIVERSITY
REGARDING THE DEVELOPMENT AND
ESTABLISHMENT OF A MAJOR HIGH-TECH
RESEARCH AND DEVELOPMENT CENTER IN THE
CITY OF MIAMI; FURTHER SUPPORTING MOTION
NO. 84-1353 APPROVING IN PRINCIPLE THE
ESTABLISHMENT OF SUCH A FACILITY IN THE
HOSPITAL AREA WHERE THE CITY OWNS LAND
PRESENTLY ON THE SITE OF THE MUNICIPAL
JUSTICE BUILDING AND JAIL.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES:
None.
ABSENT:
None.
sl
2
March 28, 1985
r
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3 EXECUTE AGREEMENT: MARILYN F. REED, PROFESSIONAL
CONSULTANT SERVICES IN THE AREA OF ENVIRONMENTAL
EXPERTISE - LEGISLATIVE AND ADMINISTRATIVE ACTIVITY
------------------------------------------------------------
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-317
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH
MARILYN F. REED FOR PROFESSIONAL
CONSULTANT SERVICES IN THE AREA OF
ENVIRONMENTAL ACTIVITY WHICH IMPACTS THE
EXERCISE OF JURISDICTION BY THE CITY;
ALLOCATING THEREFORE AN AMOUNT NOT TO
EXCEED $19,000 FOR SUCH SERVICES AND AN
AMOUNT NOT TO EXCEED $9,000 FOR
REIMBURSABLE EXPENSES FROM SPECIAL
PROGRAMS AND ACCOUNTS CONTINGENT FUND.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, 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.
4 EXECUTE AGREEMENT: M. ATHALIE RANGE, PROFESSIONAL
LEGISLATIVE CONSULTANT LEGISLATION IMPACTING CITY AND
ITS CITIZENS
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-318
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT IN
SUBSTANTIALLY THE ATTACHED FORM, WITH M.
ATHALIE RANGE FOR PROFESSIONAL
LEGISLATIVE CONSULTANT SERVICES
CONCERNING LEGISLATION WHICH IMPACTS ON
THE CITY OF MIAMI AND ITS CITIZENS;
ALLOCATING THEREFOR AN AMOUNT NOT TO
EXCEED $20,000 FOR SUCH SERVICES AND AN
AMOUNT NOT TO EXCEED $9,000 FOR
REIMBURSABLE EXPENSES FROM SPECIAL
PROGRAMS AND ACCOUNTS CONTINGENT FUND.
sl 3 March 28, 1985
5
f
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer,
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.
the
5. GRANT PERMISSION FOR SIDEWALK ART SHOW: COCONUT GROVE
ARTISTS - COMMODORE PLAZA, APRIL 16, 1985
------------------------------------------------------------
Mr. Jack Dipler appeared on behalf of an association of
Artists from Coconut Grove to request permission to hold a
sidewalk art show on Commodore Plaza on April 16, 1985.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-319
A RESOLUTION AUTHORIZING THE COCONUT
GROVE ARTISTS GROUP TO HOLD A SIDEWALK
ART SHOW ON COMMODORE PLAZA APRIL 16,
1985, CONTINGENT UPON THERE BEING NO
ACCESS BARRIERS TO SHOPS.
(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.
------------------------------------------------------------
a
6 ALLOCATE $609000 FOR NEW FURNITURE IN RECENTLY
CONSTRUCTED BUILDING IN ALLAPATTAH - COMMUNITY
DEVELOPMENT
------------------------------------------------------------
Mr. Orlando Urra, representing Allapattah Community Action,
Inc., as its Director, appeared and requested the City
Commission to fund the purchase of furniture for the
sl
4
March 28, 1985
6 f
recently completed building to house the Allapattah elderly
meals facility which is presently under construction. He
said funds for the purchase of the furniture had not been
previously provided and that their estimated cost would be
in the neighborhood of $60,000.
Mr. Frank Castaneda, Director of Community Development
appeared to answer a number of questions regarding this
request. He stated the funds would have to come from 11th
year Community Development Block Grant Program.
The City Commission agreed to the request provided, however,
that the purchase of the furniture shall be subject to all
competitive bidding requirements and procedures.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-320
A MOTION GRANTING A REQUEST MADE BY
ORLANDO URRA REPRESENTING THE ALLAPATTAH
AREA AND DIRECTING THE CITY MANAGER TO
ALLOCATE AN AMOUNT NOT TO EXCEED $60,000
TO BE USED FOR THE PURCHASE OF NEW
FURNITURE FOR A NEWLY CONSTRUCTED
BUILDING IN ALLAPATTAH, SUBJECT TO THE
PURCHASE OF SAID FURNITURE BEING
SUBJECTED TO NORMAL BIDDING PROCEDURE.
(Here follows body
here and on file in
City Clerk.)
of motion, omitted
the Office of the
Upon being seconded by Commissioner Perez, 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.
7 C.0.T.A.L. CONGRESS CONVENTION TO BE HELD IN MIAMI, MAY
13-18, 1985 - ALLOCATE FUNDS
Commissioner Miller Dawkins informed the City Commission
that he had been contacted by representatives of the
C.O.T.A.L. organization regarding the forthcoming congress
to be held in the City of Miami in May. He stated he has
received assurances satisfactory to him that at least 50% of
the delegates attending will be housed in the City of Miami
and that the opening ceremony and other events will be held
in Miami as well. A letter was filed outlining the budget
for the overall event which is in excess of $600,000.
Commissioner Dawkins cited the overall benefit to the City
in promoting our area before a widely representative
audience from around the world.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
sl 5 March 28, 1985
i
MOTION NO. 85-321
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $52,000 AS A CONTRIBUTION TO
THE C.O.T.A.L. CONGRESS TO BE HELD IN
MIAMI ON MAY 13-18, 1985, SUCH AMOUNT
BEING AN IDENTICAL AMOUNT COMMITTED BY
THE CITY OF MIAMI BEACH AND CONTINGENT
UPON A REPRESENTATION MADE TO THE CITY
COMMISSION THAT 50% OF THE DELEGATES
ATTENDING WILL BE HOUSED IN THE CITY OF
MIAMI.
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.
------------------------------------------------------------
8 EXTEND THANKS OF THE COMMISSION TO THOSE PERSONS
RESPONSIBLE FOR BRINGING THE C.O.T.A.L. CONGRESS TO
MIAMI
------------------------------------------------------------
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-322
A MOTION OF THE CITY COMMISSION
EXTENDING THEIR FORMAL THANKS AND
GRATITUDE TO TONY PARARES, SKIP
SHEPPARD, CESAR ODIO, GENE WESTPHAL,
MONTY TRAINER, MILLER DAWKINS, RON KEND,
AND ALL OTHER PERSONS THAT WORKED SO
DILIGENTLY IN THE SUCCESSFUL SCHEDULING
OF THE C.O.T.A.L. 28TH CONGRESS TO BE
HELD IN MIAMI, MAY 13-189 1985.
Upon being seconded by Commissioner Dawkins, 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.
sl
R
March 28, 1985
}
0
9. EXTEND GET WELL WISHES TO MONTY TRAINER
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-323
A MOTION OF CONDOLENCES TO Mr. MONTY
TRAINER EXPRESSING CONCERN FOR THE
INJURIES HE RECENTLY SUSTAINED IN A
SKIING ACCIDENT AND WISHING HIM A SPEEDY
RECOVERY
Upon being seconded by Commissioner Perez, 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.
10 EXPRESS GRATITUDE TO INDIVIDUALS FOR BRINGING THE INTER
AMERICAN BANK ANNUAL MEETING TO MIAMI IN 1987
------------------------------------------------------------
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-324
A MOTION OF THE CITY COMMISSION
EXPRESSING ITS GRATITUDE TO MANOLO
CASANOVA, LUIS SABINES, WILLIAM
ALEXANDER, TERRY BUICE AND THE MEMBERS
OF CAMACOL WHO WORKED SO DILIGENTLY IN
BRINGING THE INTER-AMERICAN BANK ANNUAL
MEETING TO THE CITY OF MIAMI IN 1987.
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.
sl 7 March 28, 1985
11 SUPPORT MIAMI HOUSING COOPERATIVE FORUM
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-325
A RESOLUTION INSTRUCTING THE CITY
MANAGER TO FIND A SOURCE OF FUNDING FOR
A PROPOSED GRANT ALLOCATION OF $15,000
IN SUPPORT OF THE MIAMI HOUSING
COOPERATIVE FORUM TO BE HELD IN JUNE
1985.
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
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
12 BLOODLESS BULLFIGHTING - REQUEST FOR ENDORSEMENT
Mr. Jose Barredo appeared again to seek City Commission
endorsement of legalized simulated bull -fighting. It was
explained that such activity is presently illegal in the
State of Florida and would require legislative revision to
permit this.
Mayor Ferre stated again that he was unalterably opposed to
this concept and stated that City of Miami property should
not be used for this purpose. He suggested if this activity
is to be permitted at all, the areas of far south Dade
County would be far more appropriate.
Commissioner Plummer made a motion to deny the request for
endorsement of the proposed legislation. The motion did not
receive a second.
Vice Mayor Carollo suggested that the Commissioner Demetrio
Perez be assigned to meet with Mr. Barredo to further study
the proposal including accompanying him to Tallahassee if
deemed advisable.
The proposal did not receive approval of the Commission.
sl 8 March 28, 1985
13. URGE SOUTHERN BELL TO NOTIFY CUSTOMERS OF CITY
COMMISSION ACTION IN DENYING TELEPHONE SERVICE TAXES
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-326
A RESOLUTION URGING SOUTHERN BELL, AS A
MATTER OF COURTESY, TO INFORM ITS
CUSTOMERS THROUGH A GENERAL MAILING
DISTRIBUTION TO SAID CUSTOMERS, OF THE
MARCH 21, 1985 ACTION BY INDIVIDUAL
MEMBERS OF THE CITY COMMISSION WHEN THE
COMMISSION VOTED TO DENY THE CITY
' ADMINISTRATIONS REQUEST FOR AN AMENDMENT
TO CITY CODE PROVISIONS PERTAINING TO
TELEPHONE SERVICE TAXES WHICH AMENDMENT
WOULD HAVE RESULTED IN THE PAYMENT OF
ADDITIONAL TAXES BY THOSE CUSTOMERS
USING CERTAIN SERVICES OFFERED BY
SOUTHERN BELL.
(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.
y Vice -Mayor Joe Carollo
a Mayor Maurice A. Ferre
s
NOES: None.
i
ABSENT: None.
14 DISCUSSION ITEM BY COMMISSIONER DAWKINS: WHY ADDITIONAL
SANITATION WORKERS WERE NOT HIRED AS DIRECTED
Commissioner again inquired of the administration why
additional sanitation workers for the Department of Solid
Waste had not been hired. He stated this matter had been
discussed at budget time, had been agreed upon, as part of
the adoption of the budget and also that the administration
has repeatedly failed to act on this directive.
sl 9 March 28, 1985
2
i
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i
15 CONDOLENCES: DEATH OF POLICE OFFICER JACK DOMN
------------------------------------------------------------
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-327
A RESOLUTION EXPRESSING DEEPEST SYMPATHY
AND SINCEREST CONDOLENCES OF THE CITY
COMMISSION ON BEHALF OF THE CITY OF
MIAMI AND ITS CITIZENS TO THE FAMILY AND
FRIENDS OF MIAMI POLICE OFFICER JACK
DOMM UPON HIS TRAGIC DEATH.
(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 Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
16 SUPPORT 7TH ANNUAL COCONUT GROVE BED RACE FOR MUSCULAR
DYSTROPHY
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-328
A RESOLUTION SUPPORTING THE 7TH ANNUAL
COCONUT GROVE BED RACE, WHICH IS TO BE
HELD MAY 19, 1985, COSPONSORED BY THE
MUSCULAR DYSTROPHY ASSOCIATION AND THE
CITY OF MIAMI DEPARTMENT OF PARKS AND
RECREATION; CLOSING CERTAIN STREETS TO
THROUGH TRAFFIC ON THAT DATE DURING
SPECIFIC HOURS AND ESTABLISHING A
PEDESTRIAN MALL SUBJECT TO ISSUANCE OF
PERMIT BY POLICE AND FIRE DEPARTMENTS;
FURTHER ALLOWING THE SALE OF BEER AND
WINE FOR A ONE (1) DAY PERIOD AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
A ONE -DAY CONCESSION AGREEMENT WITH THE
M.D.A. IN SUBSTANTIALLY THE FORM
ATTACHED.
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote-
sl 10 March 28, 1985
0 0
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.
17 DISPATCH OF EQUIPMENT FOR A PERSON WHO SUFFERED A MINOR
INJURY
Commissioner Plummer made some general comments and
expressed concerns over the apparent and frequently
unnecessary dispatch of elaborate and expensive paramedic
equipment and rescue vehicles and personnel upon the receipt
of report of injury when in many cases the injuries were
very minor and did not require the elaborate type of
response presently afforded. He expressed the opinion that
the City Manager request the applicable departments to try
to determine the seriousness of the types of injuries to
avoid dispatch of expensive equipment if it is not needed.
18 SWEARING IN CEREMONY FOR NEWLY APPOINTED SERGIO PEREIRA
City Clerk Ralph G. Ongie, administered the oath of office
to newly appointed City Manager Sergio Pereira. Mr.
Pereira, in a brief statement thanked the Commission for the
confidence they had placed in him and stated that he would
commence his duties as City Manager next week after a short
vacation.
19 GRATITUDE AND THANKS TO RANDY ROSENCRANTZ FOR HIS
SERVICE AS INTERIM CITY MANAGER A TO ALL ASSISTANT CITY
MANAGERS
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-329
A MOTION EXPRESSING THE THANKS AND
s GRATITUDE OF THE CITY COMMISSION TO
RANDOLPH ROSENCRANTZ FOR THE OUTSTANDING
JOB PERFORMED BY HIM AS INTERIM CITY
MANAGER FOR THE PERIOD OF DECEMBER 1984
THROUGH MARCH 1985.
sl 11 March 28, 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.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-330
A MOTION EXPRESSING THE THANKS AND
GRATITUDE OF THE CITY COMMISSION TO ALL
ASSISTANT CITY MANAGERS FOR THEIR
COOPERATION AND PERFORMANCE PARTICULARLY
DURING THE SELECTION PROCESS OF THE
PERMANENT CITY MANAGER.
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.
20 DISCUSSION & TEMPORARY DEFERRAL OF REQUEST FOR LEASE OF
SPACE BY OFF STREET PARKING AUTHORITY
Mr. Roger Carlton, Director of the Off -Street Parking
Authority appeared before the Commission in regard to thee
approximate amount of property owned by the private sector
being leased by the City for its own use. The rent paid by
the City for the use of the Olympia Building was discussed
as a case in point. Mr. Carlton stated that the revenue
from the Olympia Building was used to partially underwrite
the cost of operating Gusman Hall which has no other source
of funding.
Mr. Walter Pierce, Assistant City Manager, addressed the
Commission and said time had not permitted a totally
accurate assessment of all square footage and dollars the
City was spending on rental of office space. The matter was
temporarily deferred at this point.
sl
12 March 28, 1985
- - - - - - - - - - - - ---
21 DISCUSSION ITEM: LIBRARY BUILDING IN BAYFRONT PARK
PROPOSED TO BE DEMOLISHED IN CONNECTION WITH
REDEVELOPMENT OF BAYFRONT PARK
------------------------------------------------------------
------------------------ ------------------------------------
NOTE FOR TUB RECORD: Early into this item, the recording
problem referred to on page one of these minutes was
corrected. Mayor Ferre read a letter from the Rouse Company
into the public record and gave communications received
regarding this matter to the City Clerk for inclusion in the
record. Since the opening words of this transcript are
missing, the letters received are produced verbatim in their
entirety to clarify the record.
Verbatim -transcript based on tape recording begins following
the reproduction of the letters and telegrams received.
------------------------------------------------------------
THE ROUSE COMPANY
March 27, 1985
TO: Mr. John Gilchrist
Mr. David Weaver
The following is a copy of the text of telegrams sent today
to the Mayor of the City of Miami and to the four City
Commissioners.
March 27, 1985
Honorable Maurice A. Ferre
Mayor - City of Miami
3500 Pan American Drive
Miami, FL 33133
Gentlemen:
We have been advised that City Commission is considering a
change in plans for Bayfront Park.
This change involves retaining the current Library Building
and converting it to either public office or commercial
office use. Such a conversion would require our approval
under section 2.2 (d) of Bayside Specialty Center Lease. We
could not give our consent for the following reasons:
(a) The intrusion of office uses into Bayfront Park
contradicts the representations made to us that
Bayfront Park was to be a people -oriented, open
space - a representation which was critical to our
determination to proceed with Bayside.
(b) Such a serious change in plans could jeopardize
UDAG and other federal funds for the renovation
of Bayfront Park, as designed by Mr. Naguchi.
Since the UDAG funds are a condition precedent to
Bayside's construction, this change in plans could
jeopardize the Bayside project itself.
It is important that we, as the City's partner and those
financial -institutions and prospective merchants, large and
small, with whom we do business be able to rely on our
public partner's continued commitment to the Bayfront Park
plans. The intrusion of office uses into Bayfront Park by
sl 13 March 28, 1985
4 0
the City would seriously call into question this
reliability, not only where Bayside is concerned, but
generally.
We urge the Commission to reafirm its commitment to the
full-scale renovation of Bayfront Park as a spectacular
place for the people of Miami and the surrounding
metropolitan area.
i
James F. Dausch
Vice President
Note: The same telegram was sent to each of the four City
Commissioners.
TEXT OF TELEGRAM SENT TO MAYOR FERRE BY CLAUDE PEPPER
Honorable Mayor Maurice A. Ferre
and Members of the City Commission:
I have been advised that the City Commission is considering
a change in plans for Bayfront Park. The proposed change
retaining the Miami Public Library building for public or
commercial office use seriously threatens the viability of
both federal UDAG funding and water edge restoration work to
be provided by the Corps of Engineers. The central feature
of the redevelopment of Bayfront Park is the Flagler
Promenade including the Claude and Mildred Pepper Fountain
at the water's edge.
I would like to express my gravest concern that this project
which is very dear to me and of great importance to the
people of Miami not be jeopardized.
Isl CLAUDE PEPPER, MEMBER OF CONGRESS
Mayor Ferre: Number two, I realize that there was last year
in 1984 a resolution passed by the Commission that passed
three to two. At that time in that particular resolution,
the resolution that was offered I think by Commissioner
Plummer, or at least it was voted upon by three members of
this Commission, was that before the library is demolished,
that it had to come up for final approval before this
Commission. The legal question to you is what is the legal
impact of that resolution if in fact there had been a
previous resolution with the force of a public hearing as it
affects this contract with Bayside; that's number one.
Number two, the position that Rouse has taken in this letter
that I have read into the record today is it legally
correct? Three, to the administration, even if it is not
legally correct, we now have both Rouse and Senator Pepper,
who's been the guiding light of getting our funds from Udag,
and by the way we will have a similar telegram from Senator
Paula Hawkins, which should be here any moment now, asking
us not to jeopardize the UDAG grant that she's worked so
diligently to get for us. We have now gotten to the work of
Vice President Bush through the work of Mr. Baker, when he
was Chief of Staff in the White House, of Mr. Meece, who is
now Attorney General, who worked on this, and thanks to the
guidance of Senator Paula Hawkins, we received the major
UDAG, which both Senator Pepper, Senator Hawkins, and now
the Rouse Company claim are in jeopardy. I would very, very
seriously say that we should cease and desist from playing
around with something that could cause a severe damage to
the well being of the City of Miami with committed funds
from the federal government.
Mr. Weaver: Mr. Mayor.
sl
14
March 28, 1985
0
Mr. Carollo: If I may, Mr. Weaver, since we have you here.
This letter started by saying, "We have been advised that
the City Commission is considering a change in plans for
Bayfront Park." The letter is signed by James Dausche, Vice
President. Did you advise them, Mr. Weaver, or was it the
Mayor, or who advised them, since it's only yesterday
morning that this appeared in the media?
Mr. David Weaver: Yes, it was in the newspaper and I did
advise them.
Mr. Carollo: O.K., fine, I just wanted to get it for the
record how they were advised. It's always easy to ring the
alarm of doom when someone wants to force their point of
view, their will upon another group of people. I have the
utmost respect for some of the people that were mentioned
here, as opposed to half concern; but at the same time, I do
not see that same concern in how keeping the structure of
the Miami library at Bayfront Park for a very legitimate use
is going to actually affect and jeopardize the Udag grants
that have been committed. What I'm trying to do is be
logical in a time that this City is facing some very deep
financial crises. Our administration has advised us that in
next year's budget, we're going to have a short -fall of
between $10,000,000 and $15,000,000. The City of Miami is
already almost at the limit of what we're taxing our people,
the ten mill cap. Besides that, we've raised tremendously
by 60% the garbage fee. That doesn't include other revenues
that the individual property owners or home -owners have to
pay for sewers and what have you. We are more taxed today
than even Coral Gables. If you were telling me that we
would be getting the services for the people of Coral Gables
are, then maybe you would say, well, at least we're getting
our money's return; but we're not. The service the City of
Miami is providing every year is going down. On the other
hand, the taxes that the City is collecting are going up.
The taxes are fees for what have you keep going up every
year. What I have done is I've asked the City
administration to provide for us how much money the City of
Miami is spending on lease space on a yearly basis. The
figure that was given to me was a figure of $640,755 for
this year, approximately $641,000. Now, if you would
include the Downtown Development Authority., which spends
another $160,000 plus, that money indirectly comes, or
directly, rather, from us. You have a total of $800,980 a
year that we spend for a total combined square footage of
56,120 feet. The Miami Library has 58,000 square feet. In
essence, you could include most, possibly maybe all that
same square footage that now the City is spending over
$800,000 a year on in this building that we have. This
building is one of the most sturdiest buildings in Dade
County. It's an attractive building. It's a well -
constructed building that could last for many, many more
years. When I brought this out the night before last, I
brought it out in trying to find the City ways of cutting
down in our expenses so that we won't have to go back to the
easy way of doing things of raising taxes. I think that is
our responsibility, to look at reasonable, logical
solutions. I never attacked anyone personally. This is my
idea, my opinion; others have a right to disagree with me.
But when I brought this out I never attacked anyone. I
don't think this should be an area of attacking people
personally. I'm sorry that the Mayor took this personally
and that he had to go as far as saying that in five years,
he said, "I don't know of a single constructive proposal
made by Carollo." Well, he went on and called me a racist
practically in another statement in the Miami Herald. Mr.
Mayor, we can disagree or agree, but we can do it in a
constructive way where we don't have to be insulting to each
other and bringing the issue to a totally different arena
that there is no reason in the world that it should get in
there. I have a different way of looking at things
sometimes than you. We all do at different times, but we
can do it in a constructive manner, where we don't have to
bring it into a type of circus atmosphere that's not going
to do anyone in this Commission or City any good. I just
hope that as we progress in discussing this issue, we could
speak on the facts, agree or disagree, but keep the personal
statements out of it.
Mayor Ferre: Commissioner Carollo, let me say to you that I
have in the past and do today recognized that of all the
people I have served with on this Commission, none are more
concerned with fiscal responsibility and lowering taxes than
you are. I respect you for that. With regards to the
statement dealing with Mr. Isamu Noguchi, let me tell you
that Mr. Noguchi is an American, born in the United States
of America, and has been all of his life nothing but an
American citizen.
Mr. Carollo: Did I say anything to the contrary, Mr. Mayor?
Mayor Ferre: His mother was Irish, she was an American of
Irish descent and his father happened to be Japanese. Mr.
Noguchi does not go around hanging Japanese lanterns on
buildings for the fun of doing that. I think even though
perhaps that was not your intention, and I'm glad you have
or will be clarifying that, that I don't think it does the
City of Miami any good, since you are talking about being
respectful to people, to go around telling people like
Noguchi that if he's not happy with the demise of his plan,
that maybe the Commission can give him permission to hang a
couple of Japanese lanterns on the library building. With
all due respects to you, I don't feel that that's the type
of a thing that we're going to say to a great American
artist of Japanese heritage.
Mr. Carollo: Mr. Mayor, again at no time whatsoever did I
question, and you know that quite well, Mr. Mayor, Mr.
Noguchi's Americanism. On the other hand, we cannot deny
r the kind of plans that he has for that park and the kind of
cultural type of aspects that he wants to bring to it, and
we cannot deny the words of Mr. Noguchi, that it's either
his way or no way at all. Now, I understand, Maurice, that
j lately we all have our problems at times. You've been kind
of on the short fuse and I know you don't find much humor in
hardly anything.
Mayor Ferre: That's what Steve Ross says.
Mr. Carollo: That's part of the American way of life, you
know, people smiling every now and then and not being such a
sour puss about everything; then right away you want to find
the bad and the negative in anything anybody says. In no
way at all, in no way, shape or form did myself or anyone in
the media, for that matter, try to insinuate anything on Mr.
Nogochi. Frankly, if he is so against that library, I'll be
even more than willing to suggest other ways that we can
decorate it to maybe appease him. But the bottom line is
that I think that we have to find constructive positive ways
to save the City monies. I don't think we can go back to
the old ways of raising taxes, raising fees. This is why
you're seeing so many homes for sale right here in Coconut
Grove. The reason is not what some have tried to say
whether leaving this ethnic group or that ethnic group's
take-over. A large portion of those reasons are that here
you have people that worked a lifetime to pay their homes.
Now they are seeing that their home is paid up, but they're
still having to pay $300, $400 or more a month only for
taxes. I think this is the time that we all should join
sl
16 March 28, 1985
0
together and be constructive in finding ways of cutting the
budget for the shortfall that we're going to have next year
of $10,0009000 to $1590009000. What I'd like to do, Mr.
Mayor, is at this point in time, to make a motion and the
motion is to be as follows.
Mayor Ferre: Commissioner, you know that if the motion
deals with the library, I will invoke the five day rule.
' Mr. Carollo: It will deal with the library, Mr. Mayor.
Mayor Ferre: I will, therefore, invoke the five day rule,
and it will then automatically come up for discussion,
appropriately, in April, the first meeting of April.
Mr. Carollo: Mr. Mayor, what I would like to do is to ask
the Commission to then hold a regular Commission meeting
five days from today.
Mayor Ferre: I will not be in town, which is fine, you can
meet without me.
Mr. Carollo: If you cannot be, as the Vice Mayor, I will
carry the meeting.
Mayor Ferre: That's perfectly acceptable to me, if you can
get ... that has never happened in the 90 year history of the
City of Miami. You want to have that kind of a City, that's
the kind of leadership that you want to show, I will accept
that as a motion.
Mr. Carollo: Mr. Mayor, I think this is the kind of a
leadership that you're showing, that if you can't get your
way, then you're not going to play, you're going to take
your marbles and you're going to go away.
Mayor Ferre: It's not my way, it's Paula Hawkins' way; it's
the way of Claude Pepper and the way of the Rouse Company;
i
and you're jeopardizing federal funds.
Mr. Carollo: Mr. Mayor, we're not jeopardizing federal
j funds. You know that quite well.
A
Mayor Ferre: So you know better than Paula Hawkins and
Claude Pepper.
Mr. Carollo: What you're doing is you're playing with
words, trying to push an idea that you and a hand full of
people wanted no matter what anybody else wants in the City
of Miami. I think that the average Miamian can also give
his opinion. Mr. Mayor, you say you're not going to be here
in five days, therefore, we would be incorrect if we would
hold a meeting without you. Mr. Mayor, you're the one who
is postponing this from going forward now and discussing it
further.
Mayor Ferre: I might remind you, sir that we did have a
meeting on the 25th, and that it was a member of this
Commission not myself, who asked that the date be moved
forward to the 18th because they would not be available here
on the 25th. So it isn't me that you need to blame for
that, but whomever it was that asked for a postponement of
the April 25th meeting. What I am saying is that under the
rules that we function on, any member of this Commission can
invoke the five day rule. I am hereby invoking the five day
rule.
Mr. Carollo: Mr. Mayor, that is your prerogative, and even
though it's been very, very rare when any member of the
Commission has invoked that. However, if you're doing it
sl 17 March 28, 1985
1
just to try to stall for a majority of this Commission to
t give their opinion and voice their constitutionally rightful
say in this matter, then I don't think you should be
attacking a majority of this Commission if they would so
wish to hold a meeting. I don't know if a majority would
five days from this date.
Mayor Ferre: Sir, I will accept your motion, if you want to
call a special Commission that requires three votes of this
Commission, and I will accept that. I'm not going to hold
you ... I can technically rule that out of order.
Mr. Carollo: No, Mr. Mayor, I'm not calling a special
Commission meeting.
Mayor Ferre: I will not do that.
Mr. Carollo: I'm not calling a special Commission meeting,
Mr. Mayor. If I would call a special Commission meeting,
you would be right according to the Charter. I am just
calling a Commission meeting, Mr. Mayor. Am I correct in
that, Madam City Attorney?
x
Mayor Ferre: No, you're not correct.
Mr. Carollo: According to the Charter.
Mrs. Dougherty: You may not call a special Commission
meeting, unless the Mayor was out of town. As Vice Mayor,
you could call a special Commission meeting. Otherwise, you
could call a meeting by three votes of the Commission.
Mr. Carollo: That's what I stated. You are saying then
that I am correct because I was not calling a special
Commission meeting. Technically, I could, because the Mayor
said he was going to be out of town, so technically, I
could.
Mayor Ferre: Lucia, you better get this straight, because
this is a new ruling now that you just made. You are
telling me that Carollo can call a Commission meeting, which
he calls a Commission meeting, not a special Commission
meeting. You are saying that is correct.
Mrs. Dougherty: No, he cannot call one. Three of you would
have to set a Commission meeting immediately.
Mr. Carollo: Three of us would.
Mr. Plummer: But it would have to be a special meeting.
Mrs. Dougherty: It wouldn't be a special meeting, because
only the Mayor can call...it's a regular meeting.
Mr. Plummer: Madam City Attorney, I happen to disagree with
you. I'm not a lawyer, but the Charter is very clear. The
Charter says that there shall only be two meetings of this
Commission, the second and fourth Thursday of the month.
Anything other than that would be a special meeting. You
know, I will abide by it if you research it and tell me that
is correct, but I say to you the Charter specifically states
that the meetings of this Commission shall be on the second
and fourth Thursdays of the month. Anything else would have
to be a special Commission meeting.
Mr. Carollo: I think what it probably states, J.L., is that
we're bound to have at least two regular meetings.
Mr. Plummer: No, it doesn't say least. Let me just go on
the record, Mr. Carollo, so you understand where I am. I
sl
18 March 28, 1985
have always respected and will continue to respect the
rights of every member to be present at this Commission
meeting. I would vote against a special Commission meeting
because I think it is only right that the Mayor should be
present or any other member of this Commission. If you can
choose a day in which the Mayor will be present and all
five, I would then vote for a special Commission meeting.
Mr. Carollo: But see, J.L., what as happening here now, as
you well know....
Mr. Plummer: I understand what is happening very well.
Mr. Carollo: He doesn't want to hear it now when we can and
are all present, because he's very concerned that the votes
are not there for him. Therefore, he's going to play the
game of stalling and stalling. I don't think it's right for
any member of this Commission to take that position on
something of this importance when we are all here present to
discuss 'it.
Mr. Plummer: I think the proper question to be asked is,
Mr. Mayor, of you and other members of this Commission, is
there a date before the 11th of April in which all five of
us can gather for a meeting? Now, that is a proper question
to ask. I'm available. I can tell you that. I think you
have to ask Commissioner Dawkins and Commissioner Perez, as
well as the Mayor as to what day the first available day
prior to the 11th. That I'll vote for. I'm available at
any time.
Mr. Carollo: I'm available at any time too, J.L. That's
two of us.
Mayor Ferre: I will recognize a motion. I will not be at
the meeting. I will be gone between now and April 11th. It
is my intention not to be here.
Mr. Carollo: In other words you're going to be outside of
the City of Miami, Mr. Mayor.
Mayor Ferre: I'm saying that it is my intention not to be
here from Tuesday on. I will be here Monday.
Mr. Carollo: You will be here Monday when, Mr. Mayor?
Mayor Ferre: This coming Monday, but I have some personal
appointments that I'm not going to be able to break. I will
not be able to be at a Commission meeting. You can have it
without me if that's what you want to do, then fine. Set
precedent, make your motion, and have your meeting.
Mr. Carollo: No, Mr. Mayor, we're not trying to set
precedent. I think you're setting precedent by refusing to
hear this today.
Mayor Ferre: No, I will hear it on the 11th of April.
That's plenty of time for ... look, this thing isn't going to
go away. I realize that. There's nothing wrong with
hearing it on the 11th of April. I will recognize it at
that time.
Mr. Dawkins: Mr. Mayor, I'd like to go on record to say
that I've been on this Commission for three years and three
months, and I have often been in the position that I think I
hear the Mayor now. I want to state in the record....
Mayor Ferre: You hear the what?
sl 19 March 28, 1985
i
i
Mr. Dawkins: I've been in the position that I think the
Mayor is in now, and I want to go on record stating that in
each of those instances, the Mayor called a special meeting
without polling anybody, without anything, and you had to
attend, if you wanted to. That's my opinion and I just
wanted that in the record.
Mayor Ferre: You do what you think is right.
Mr. Dawkins: I did what I think is right. I made a
statement and put it in the record. That's all.
Mayor Ferre: Thank you, sir.
Mr. Plummer: Mr. Mayor, and Joe, I don't want to preclude
you, but let me offer what I think is a motion in order. In
any action relating to the library be put in a stay position
until a meeting can be held of this Commission on April
11th?
Mayor Ferre: That motion, Madam City Attorney, as Chair, I
rule that out of order because that is an identical motion
that was previously passed and therefore, it is a redundant
motion. I ask for a ruling on the record, please, and not
with a nod, but into the record.
Mrs. Dougherty: Mr. Mayor, you're the Chair, and you make
the rules and govern the rules and what is in and out of
order. It is there correct.
Mayor Ferre: The Chair rules, unless overridden that is a
redundant motion since that is the identical motion that was
previously passed and voted upon three to two. Therefore,
we are bound by that today.
Mr. Plummer: So the action is stayed until.
Mayor Ferre: Absolutely.
i
Mr. Plummer: O.K., fine.
aMayor Ferre: The vote was three to two. It's clear that we
cannot tear down that library until it comes up before the
Commission and by invoking the five day rule, all I have
# done, Commissioner Plummer is put the vote off until April
11th. I would remind Commissioner Dawkins that he is
entitled to do that and I have never, even though the
Charter gives me the power to do so, overridden his five day
implication, ever. I say that and I challenge you to show
me any time when you have invoked the five day rule....
Mr. Dawkins: The Charter gives you what power, Mr. Mayor?
Mayor Ferre: The Charter gives me the power to call a
special Commission meeting at any time that I see fit for
i
whatever reasons.
Mr. Dawkins: That's not what you said, sir.
Mayor Ferre: The point I'm trying to make to you, Miller,
is that any time that you have invoked the five day rule, I
have honored it.
Mr. Dawkins: You have.
Mayor Ferre: So, you know, I just want to say so we
understand each other, that I have always honored any member
of this Commission's implications of a five day rule without
exception.
a
sl
tea:
20 March 28, 1985
i
i
Mr. Dawkins: No, I am not debating that and you are
correct. I said in similar instances, where I was in the
position that the Mayor is in, that the Mayor called a
f special Commission before the regular Commission meeting to
get his point over —that's all I'm saying.
Mayor Ferre: But not overriding your five day rule
objection.
Mr. Dawkins: No....
Mr. Carollo: What is happening, Miller, is that....
Mayor Ferre: Anytime you want to stop it, all you have to
do is invoke the five day rule, and I've always honored
that.
Mr. Carollo: The Mayor states that he will be out of town
beginning the day after....
Mayor Ferre: It's my intention....
Mr. Carollo: It is his intention today. It might be
different tomorrow.
Mayor Ferre: That's correct.
Mr. Carollo: It is his intention as of 11:24 A.M. this
morning that beginning on the sixth day when we can hold the
meeting, he will be out of town....
Mayor Ferre: Let me simplify it for you, Joe. I will not
call a special Commission meeting on this and I will lest it
ride until April 11th. If you want to do otherwise, `_ie
Charter gives you the right to make that motion. If you
want to do it, do it!
Mr. Carollo: At this point in time, Mr. Mayor, as you well
know, we have no other alternative, but to wait on the 11th.
Mayor Ferre: You make your motion, you get two more votes
and hold your meeting.
Mr. Carollo: Between now and then, I don't know if
circumstances would change that, but as of now with the
alternatives that we have, we will not be able to hold it
until the 11th. So, I will suggest that you get very busy
as your plans are to try to get all the people that you can
to muster all the pressure that you can on the individual
members of this Commission.
Mayor Ferre: That's fair in the democratic system; it's the
American way.
Mr. Carollo: That is correct, Mr. Mayor, that is the
American way and I'm glad that you are finally realizing
what the American way is all about.
Mayor Ferre: Do we have any other statements on this issue?
Mr. Rolle.
Mr. Wellington Rolle: Mr. Mayor, members of the Commission,
my name is Wellington Rolle and I live in the City of Miami.
Obviously, the house is divided on this subject and the
subject of lease space in the City of Miami. I have two
observations that I'd like to make. First of all I'd like
for somebody to tell me who's office is in the building on
169 E. Flagler Street. There is one particular item that
I'm concerned about that I'm sure that the City must be
paying some type of rental fees for. Number two, I'm
sl
21
March 28, 1985
EU
F-]
concerned, Mr. Mayor, about the recent letters that have
come up on Congressman Pepper. As you indicated, the
letters that will be coming from Senator Hawkins and maybe
from Bob Graham or wherever. I don't know Mr. Weaver, but I
certainly would want to respect Mr. Weaver as any other
person who is making his or her contribution to the forward
progress of the City of Miami. But you know, I read a
portion of that lease with Bayside Rouse Company and I was
concerned at some point in time when the amount of acreage
in the park was increased from 15 acres about 20 acres. It
seems to me, as I recall, that the Office of the City
Attorney has said that the City of Miami can cavalierly
build in the park. But I think, as this Commission knows,
that there is a special act that pertains specifically to
the City of Miami that precludes any building, any parking
lot, any parking garages in Bayfront Park. I have no
knowledge of who Mr. Noguchi is, and certainly would accord
him the same respect that I accord Mr. Weaver or any other
person, but the point I'm concerned about is that we need
not make a determination today as to how we will utilize the
facility of Bayfront Park, because it's already in writing.
It's been a hard fact for a number of years in the City of
Miami that the City of Miami is precluded from building
additional buildings other than the library in Bayfront
Park. I find it strange to the imagination to helieve that
today we are sitting here gilding the lily with those kinds
of letters and those comments that say that the Rouse
Company says it's going to jeopardize the project. Let me
tell you what's really going to jeopardize the project, is
the fact that you are really not permitted to build anything
else in the public park, Bayfront Park, and that this
specific act says specifically that any citizen can take
this matter into court to resolve the matter. The Law
Department has said on occasion that 166 point whatever
supersedes that, but I say it's time to put that to the
test. If we can get a judge sitting in the court, if you
want to go take that risk, then we'll go to court or should
be taking it to court and a have a determination made once
and for all, did the City of Miami violate the special act
that precludes any further building in the park and
specifically states parking garages, other buildings, or
whatever. I think it's time now for us to be concerned
about the citizens in the City of Miami. I think it's time
for us to be concerned about all of the things that have
been on the ballots about Greenbelt down in Ballpoint all
the way down to the other side of the Bicentennial Park, but
now we have, as I listen here today information that seems
to suggest that there are other people that are saying to us
today how we, the citizens of the City of Miami, must accept
this kind of project that is proposed for a portion of
Bayfront Park that is not in keeping with existing of
law. I think at some point in time, Mr. Mayor and members
of the Commission and Commissioner Perez needs to be in his
place at the dais and I don't know why he's not here, but
part of this problem that we have that people seem not to
want to follow the established procedures that do govern
here in the City of Miami. If and when, Mr. Mayor, and I'll
wrap up, that the City intends to continue to go forward
with this, notwithstanding the correspondence from
Congressman Pepper, Senator Hawkins, or whomever, I'm simply
saying....
Mayor Ferre: And the public hearings, go ahead.
Mr. Rolle: I'm simply saying to you, sir, that those kinds
of letters simply do not have standing in the issue that
will come up if the City intends to continue to go forward
and absolutely disintegrate those public purposes for which
this park was designed. I say one other thing, Mr. Mayor, I
am concerned that we are attempting to give some type of
sl
22
March 28, 1985
0
open space to the Pavillon Hotel on that south end of the
park that they do not deserve.
Mayor Ferre: Wellington, I don't mean to hurt your
feelings, but you've talked for ten minutes....
Mr. Rolle: You won't do it, Mr. Mayor.
Mayor Ferre: Are you for or against? I still don't....
Mr. Rolle: I'm against tearing down the library, and I'm
really against building in the park with the Bayside
project. I think there are prohibitions against both, Mr.
Mayor.
Mayor Ferre: Fine, thank you.
22 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
4141 N.E. 2 AVENUE; CG-2/7 TO SPI-8
Mayor Ferre: We're on item number 1 now. This is on second
reading. This is the Charles Lallouz, it was approved by
the Zoning Board unanimously, recommended by the department,
previously moved by Plummer, seconded by Dawkins. Is there
anyone here who wishes to speak on this issue, for or
against? Is there a motion?
Mr. Plummer: Question, is the applicant here? Sir, we are
increasing the value of your property by changing of this
zoning. Mr. Whipple, is that correct? Is that a fair
statement? Is it a fair statement that by the action
possibly taken by this Commission.... I'm just wondering, Mr.
Whipple, is it a fair statement to say that the value of
this real estate will be enhanced if in fact this zoning is
approved?
Mr. Whipple: Mr. Mayor, there are improvements on the
properties. I could not say one way or the other....
Mr. Plummer: I'm speaking to the value.
Mr. Whipple: ....whether the zoning per se would increase
the value of those improvements.
Mr. Plummer: O.K. I was just wondering that you're going
to enhance your position. Is there anything that you wanted
to do for the City in return?
Mr. Charles Lallouz: I think we are trying with the City to
save the area. I really don't know what to do for the City.
Mr. Plummer: You understand that the City has
beautification programs and we have other programs that we
do. I just thought that since you will be getting something
from the City, that you might want to help out the City in
some ways.
Mayor Ferre: With some trees, is what he's talking about.
Mr. Dawkins: No black olive trees.
Mr. Lallouz: Yes, no black olive trees.
Mr. Plummer: Would you like ... the City will be most
appreciative of 100 mahogany trees to be planted around the
City. Would that be....?
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23
March 28, 1985
i
i
}
Mr. Lallouz: Around the City or around our property?
? Mr. Plummer: No, around the City. Why don't you talk with
Mr. Whipple for a minute. Maybe Mr. Whipple can....
Mr. Dawkins: I'd like to have Mr. Whipple come back before
the mike. Mr. Whipple, are you saying -and I want to make
sure I hear you correct- that if we grant these variances
changes, that you don't know professionally if it will or
will not enhance the value of this property?
Mr. Whipple: No, sir, I do not have the expertise to
determine that nor the financial background by which to make
a statement on that.
Mr. Plummer: Would you say that if passed as proposed this
morning, would be much more liberal in allowing them to do
many more things than they would under the present zoning?
Mr. Whipple: I'm not trying to avoid the issue,
Commissioner Plummer....
Mr. Plummer: You're doing a good job.
Mr. Whipple: To my knowledge, the uses that are in that
building and will continue to be in that building are those
uses permitted by the new zoning. If you'll remember, at
first reading, we indicated to you when we did the design
center study, this property was overlooked. It was left out
inadvertently, because it is being used for the SPI uses.
Mayor Ferre: Let's save some. Have you talked to Mr.
Lallouz and can we get to the conclusion of this?
Mr. Plummer: Did you want to volunteer something, sir?
Mr. Lallouz: Yes, I want to volunteer in the design area,
at least 100 trees. They told me not black olive.
Mr. Plummer: I think that is a fine civic gesture on your
part. I move the item, Mr. Mayor.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Read the ordinance.
Mr. Plummer: As a matter of fact, let me go one step
further. I would hope the administration would make a
public dedication of his fine gesture and that when those
trees are ready to be planted, that we have a little
ceremony and he be invited to dig the first whole in
recognition of his fine gesture.
Mayor Ferre: Read the ordinance, please.
AN ORDINANCE -
sl
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95009 THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY CHANGING THE ZONING CLASSIFICATION
OF APPROXIMATELY 4141 NORTHEAST 2ND
AVENUE, MIAMI, FLORIDA, FROM CG-2/7
GENERAL COMMERCIAL TO-SPI-8 DESIGN PLAZA
COMMERCIAL RESIDENTIAL DISTRICT BY
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 15 OF SAID
24
March 28, 1985
r1
ZONING ATLAS MADE A PART OF ORDINANCE
NO. 9500 BY REFERENCE AND DESCRIPTION IN
ARTICLE 3, SECTION 300, CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Passed on its first reading by title at the meeting of
February 28, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9973•
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
------------------------------------------------------------
23 SECOND READING ORDINANCE: CHANGE ZONING CLASSIFICATION
5631 N.Y. 7 STREET RG-3/5 TO CR-2/7
------------------------------------------------------------
Mayor Ferre: We're on item 2 on second reading. This was
approved unanimously by the Zoning Board. The Planning
Department recommended it. On first reading it was moved by
Plummer, seconded by Carollo. Is there anybody here who
wishes to object to item 2? Is there anybody here who
wishes to object? Gene, I think Plummer has a question.
Mr. Plummer: Did you want to volunteer something, Gene?
Mr. Gene: Commissioner Plummer, I think we did volunteer
150 trees on first reading. We stand by that commitment.
Mr. Plummer: Mr. Administration, I would like also the
beautification committee to go with them and plant the first
one. I move item number 2.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Read the ordinance.
Mr. Plummer: Call the roll.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE 9500, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION OF
APPROXIMATELY 5631 NORTHWEST 7TH STREET,
MIAMI, FLORIDA, FROM RG-3/5 GENERAL
RESIDENTIAL TO CR-2/7 COMMERCIAL
sl 25 March 28, 1985
2
0
RESIDENTIAL BY MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON PAGE
NO. 28 OF SAID ZONING ATLAS MADE A PART
OF ORDINANCE NO. 9500 BY REFERENCE AND
DESCRIPTION IN ARTICLE 3, SECTION 3009
THEREOF, CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
February 28, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, 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.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9974.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
Mr. Dawkins: May I make a statement before we go any
further? I would hope that the members of this Commission
would think in terms of some playground equipment or
something to upgrade our parks. J.L., you're going to have
so many trees, we won't be able to move for the trees soon.
------------------------------------------------------------
24 SECOND READING ORDINANCE: APPLY HC-1 HERITAGE
CONSERVATION OVERLAY DISTRICT TO INGRAHAM BUILDING
INCL. LOBBY 25 S.E. 2 AVE.
-------------------------------------------------------------
Mayor Ferre: We're not on item 3, zoning atlas second
reading. This is approved 6 to 0 by the Heritage
Conservation. The Planning Department recommends and the
board approved it 5 to 0. This is on second reading. Are
there any objectors?
Mr. Plummer: Madam City Attorney, is everything in order?
Mrs. Dougherty: Yes, sir, Mr. Commissioner.
Mayor Ferre: Is there a motion?
Mr. Plummer: I move it.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion?
3. Call the roll.
Read the ordinance, item
sl 26 March 28, 1985
0
AN ORDINANCE AMENDING THE ZONING ATLAS
ORDINANCENOF THE.CITY cOt MIAMI9 FLORIDA,
BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT
TO THE "INGRAHAM BUILDING AND ITS
INTERIOR GROUND FLOOR LOBBY," LOCATED AT
APPROXIMATELY 25 SOUTHEAST 2ND AVENUE;
MAKING FINDINGS; AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 36 OF SAID
ZONING ATLAS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
February 28, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Plummer, seconded by Commissioner Dawkins, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9975.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
----- ------------------------------------------------------
25 FIRST READING ORDINANCE: ATLAS CHANGE; CHANGE ZONING
CLASSIFICATION 701-745 N.Y. 6 AVE. E. SIDE ONLY ETC.
------------------------------------------------------------
Mayor Ferre: Item 5. Any problems with 5? Does anybody
object?
Mr. Sergio Rodriguez: This is the item, Mr. Mayor, that you
asked us to meet with Commissioner Dawkins last time and we
met to explain to him what we were doing in the area.
Mr. Dawkins: Move it.
Mayor Ferre: Moved by Dawkins. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Second by Plummer. Who's the applicant?
Mr. Plummer: The City's Planning Department. Who's the
owner of the property?
Mr. Clarence Patterson: There are several business owners
there, approximately 16.
Mr. Plummer: Why are you recommending that this go to
commercial? This was the Mom and Pop operation?
Mr. Patterson: Yes.
Mayor Ferre: Read the ordinance.
sl 27 March 28, 1985
4 4
Mr. Walter Pierce: I was just telling Mr. Plummer that was
the best Bar-B-Q in town.
Mayor Ferre: Read the ordinance.
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
PROPERTIES LOCATED AT APPROXIMATELY 701-
745 NORTHWEST 6TH AVENUE (EAST SIDE
ONLY), 619-631 (EAST SIDE ONLY) AND 700-
747 (WEST SIDE ONLY) OF NORTHWEST 5TH
AVENUE, 464-518 (SOUTH SIDE) AND 463-
467 (NORTHSIDE) OF NORTHWEST 8TH STREET
AND APPROXIMATELY 728-746 NORTHWEST 4TH
AVENUE (WEST SIDE ONLY); FROM RG-2/6
GENERAL RESIDENTIAL TO CR-2/6 COMMERCIAL
RESIDENTIAL; MAKING FINDINGS; AND BY
MAKING ALL THE NECESSARY CHANGES ON
PAGES NO. 23 AND 36 OF SAID ZONING
ATLAS; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Dawkins and seconded by
Commissioner Plummer and was passed on its first reading by
title 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.
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.
26 FIRST READING ORDINANCE: APPLY HC-1 HERITAGE
CONSERVATION OVERLAY DISTRICT TO SUNSHINE FRUITS COMPANY
INN 3940 MAIN HIGHWAY
Mayor Ferre: Item 7, Frank and Mary Rubino, Main Highway,
approved by the Heritage Conservation, the Planning
Department approved ... the Planning Advisory 6 to 0. Any
objectors here?
Mr. Plummer: Madam City Attorney, is everything in order?
Mrs. Dougherty: Yes, sir.
Ms. Sarah Eaton: Commissioner Plummer, the owners have
proposed the designation of this property and they are here
today.
Mr. Plummer: As long as the City Attorney states that
everything is in order, that's fine with me. I move it.
sl
9.1
March 28, 1985
4
4
Mayor Ferre: Plummer moves.
discussion? Call the roll.
AN ORDINANCE ENTITLED-
Is there a second? Further
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY APPLYING THE HC-1: GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT
TO THE "SUNSHINE FRUITS COMPANY INN,"
LOCATED AT APPROXIMATELY 3940 MAIN
HIGHWAY, MAKING FINDINGS; ADOPTING AND
INCORPORATING BY REFERENCE THE
"DESIGNATION REPORT," AND BY MAKING ALL
THE NECESSARY CHANGES ON PAGE NO. 48 OF
SAID ZONING ATLAS; CONTAINING A
SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Perez and was passed on its first reading by
title 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.
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.
-- - ------ - - - ----------- -----------------------------
r
27 AUTHORIZE FINAL APPLICATION FOR MAJOR USE PERMIT: LE
JEUNE CENTER, INC. T80 N.w. 42 AVENUE
------------------------------------------------------------
Mayor Ferre: Take up item 8, which is the Le Jeune Center,
Tony Cabrera.
Mr. Carollo: Move.
Mayor Ferre: Is there a motion and a second?
Mr. Plummer: Wait a minute, I want to see the model.
Mayor Ferre: Bring the model in.
Mr. Plummer: That's always in order. No, no...I think
that's the best part.
+ Mr. Dawkins: Is it O.K., J.L.?
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Plummer;
Tony, let
me out you
short through the whole
presentation.
The only
concern I
have is that wall that
would be to the north.
If you'll
tell me that you'll put
some kind of a
mosaic or
some kind
of something on there to
,fi
eliminate just
a blank wall, then I'm very much in order.
s:
sl
29
March 28, 1985
P�
14
it
Mr. Tony Cabrera: INAUDIBLE COMMENTS NOT ENTERED INTO THE
PUBLIC RECORD.
Mr. Plummer: Yes, anything other than a blank wall. That
aside, I would say present it to Sergio.
Mr. Sergio Rodriguez: Rodriguez?
Mr. Plummer: The Sergio that is on payroll. You're going
to be enhancing your situation. What are you doing for the
City?
Mr. Tony Cabrera: INAUDIBLE COMMENTS NOT ENTERED INTO THE
PUBLIC RECORD.
Mr. Plummer: You've not been here prior to this hearing?
You know our parks are in need of some equipment.
Mr. Tony Cabrera: INAUDIBLE COMMENTS NOT ENTERED INTO THE
PUBLIC RECORD.
Mayor Ferre: You can't do that.
Mr. Plummer: Can't, you have to volunteer.
Mr. Tony Cabrera: INAUDIBLE COMMENTS NOT ENTERED INTO THE
PUBLIC RECORD.
Mr. Plummer: That's great, I think that's super. I'll move
the item, Mr. Mayor.
Mayor Ferre: Is there further discussion?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-331
A RESOLUTION ISSUING A MAJOR USE SPECIAL
PERMIT; APPROVING, WITH CONDITIONS,
PHASES II AND III OF THE LEJEUNE CENTRE
PROJECT LOCATED AT APPROXIMATELY 780
NORTHWEST 42ND AVENUE (MORE PARTICULARLY
DESCRIBED HEREINO, AND PROPOSED BY THE
EPIC ONE CORPORATION; MAKING FINDINGS;
PROVIDING THAT THE MAJOR USE SPECIAL
PERMIT SHALL BE BINDING ON THE APPLICANT
AND SUCCESSORS IN INTEREST; AND
DIRECTING THE CITY CLERK TO SEND COPIES
OF THE HEREIN RESOLUTION TO AFFECTED
AGENCIES AND THE DEVELOPER.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, 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
sl
30
March 28, 1985
s
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V
.
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NOES: None.
ABSENT: None.
28 STREET CLOSURE: PORTION OF S.Y. MIAMI AVENUE ROAD
(DISCUSSED AND TEMPORARILY DEFERRED)
Mayor Ferre: Take up item 9 INAUDIBLE COMMENTS NOT PLACED
INTO THE PUBLIC RECORD.
Mr. Plummer: What is this, to close the street?
Mr. George Campbell: Yes, sir, if I may, let me show you
the file.
Mayor Ferre: It's along the Miami River?
Mr. Plummer: That would be the Dawson Marine? Not the way
the blue is drawn.
Mayor Ferre: You're talking about South Miami Avenue?
Mr. Plummer: Yes, it's now going to be isolated because of
the bridge. See, the bridge will extend all the way down to
tobacco road almost, so this will be a pocket.
Mayor Ferre: How about the property owners on the other
side?
Mr. Campbell: If I may, the State and County, in redoing
the Miami Avenue Bridge, have relocated S.W. Miami Avenue
Road. This is now sort of cut off where you see the line of
the yellow going east and west, that's the north side of a
relocated 5th Street.
Mr. Plummer: Why is there a piece that's not in blue. I
see a little tip where it goes right up to Miami. Is that a
right-of-way?
Mr. Campbell: That's the right-of-way, yes, sir.
Mr. Plummer: How far back does that actually go?
Mr. Campbell: I'm sorry, which way?
Mr. Plummer: What I see in blue to the west, takes me
almost to the curb. He says it's adjacent to or right up to
Dawson Marine.
Mr. Campbell: That's correct.
Mr. Plummer: So what is being proposed is that street be
closed where that blue area is.
Mr. Campbell: No, sir, no, no, the yellow. That's a
remnant of right-of-way that has been....
Mr. Plummer: But in effect that's closing off the street.
Mr. Campbell: No, the street now turns. Miami Avenue Road
goes up about to that yellow portion and then turns east and
connects ,to S.E. 5th Street, like that, and the State has
acquired all that right-of-way to make that connection.
sl 31 March 28, 1985
r1
Mr. Plummer: In other words, they're trying to acquire that
property?
Mr. Campbell: That yellow piece, yes, sir, and that's a
unusable remnant for highway purposes that's left over from
the relocation of Miami Avenue Bridge and its approaches.
Mr. Plummer: I just don't understand why it wouldn't
prevail all the way down.
Mr. Campbell: The remainder of that to the southwest there,
that's the north right-of-way line of the relocation.
I Mr. Plummer: I see.
Mr. Campbell: Then it continues down to the west.
Mr. Plummer: What happens to the rest of the street?
Mr. Campbell: East of there, should draw a line there, that
is the bridge right-of-way overhead. There will be a
retaining wall along the easterly side of that yellow
portion. This has been recommended by the Plat and Street
Committee; it has been reviewed by Public Works.
Mr. Plummer: Approximately how many square feet is that
that they would be acquiring?
Mr. Campbell: Approximately 580 square feet, sir.
Mayor Ferre: I'm going to tell you. I'm going to put this
off because I need to see the drawings. I want to see the
drawings of what that new bridge and right-of-ways. You're
not doing it that way for me. You give me a bona fide
drawing, where the things come and where it cuts, what
happens to the right-of-way. I'm not going to do this like
this. If you have it this afternoon, that's fine with me.
29 ACCEPT PLAT: "DOWNTOWN GOVERNMENT CENTER FIRST ADDITION"
Mayor Ferre: We're now on item 10, which is Dade County's
application for the plat which is Downtown Government Center
First Edition. Are there any problems with this, Lucia?
Any comments? Is there a motion on the plat acceptance?
Mr. Plummer: So move.
Mr. Perez: Second.
Mayor Ferre: Moved by Plummer. Second by Perez. Further
discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
sl
RESOLUTION NO. 85-332
A RESOLUTION ACCEPTING THE PLAT ENTITLED
"DOWNTOWN GOVERNMENT CENTER FIRST ADDITION",
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.
32
March 28, 1985
�j
i
a
(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-
1 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: Although absent during roll call,
Commissioner Joe Carollo asked to be shown as voting with
the motion.
------------------------------------------------------------
30 ACCEPT PLAT: "CULMER STATION"
------------------------------------------------------------
Mayor Ferre: Take up item 11, which is another plat
acceptance.
Mr. Plummer: So move.
Mr. Perez: Second.
Mayor Ferre: Moved and seconded, further discussion? Moved
by Plummer, seconded by Perez. Call the roll on 11.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
i
RESOLUTION NO. 85-333
A RESOLUTION ACCEPTING THE PLAT ENTITLED
{ "CULMER STATION", 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.
a (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
i
i
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
sl 33 March 28, 1985
r
31 DISCUSSION ITEM: FUNDING FOR FESTIVALS
1 ------------------------------------------------------------
f Mayor Ferre: Let me bring up before this Commission anybody
who's waiting on —we have seven minutes before we break.
j Mr. Manager, is there anything else that you want to bring
up at this time?
Mr. Plummer: Mr. Mayor, I'd like to go back to my two
little items.
i
Mayor Ferre: Go right ahead.
Mr. Plummer: Mr. Manager, as you know, the policy of this
Commission, which was set for the coming year is there is to
be absolutely zero dollars relating to festivals. Is that
correct?
Mr. Rosencrantz: I think that was the policy adopted by the
City Commission.
Mr. Plummer: Has the administration so put all festivals
presently receiving money under notice that is the policy?
Mr. Rosencrantz: As part of the budget process, when we
start to get into that, I think that the resolution that was
passed by the City Commission prescribed that when you went
through the budget process that you were going to review the
request for festivals and this sort of thing.
Mr. Plummer: Mr. Manager and Mr. Mayor, I think it would be
in order that we put all of the people on festivals on
notice now that policy was adopted by the City Commission.
I don't want them at the last minute to come forth and say,
"We didn't know."
Mayor Ferre: I don't think we need a motion for that.
Mr. Rosencrantz: Yes, we'll do that.
Mr. Plummer: The second thing, Mr. Manager, I sent to you a
memorandum asking for your best guesstimate as to what
Commissioner Carollo refers to a devastation that is
possibly going to be hitting this City. If we are looking
at a ten to thirteen million dollar deficit in our revenue,
plus about a three million dollars in deficits from Southern
Bell, I would like to include in your answer in response
what you feel we are going to be doing in the way decreasing
how you're proposing to decrease services and approximately
how many people you feel will be laid off predicated on that
becoming a reality.
Mr.
Rosencrantz: We will have that data
for you. I will
not
have it to you
for today.
Mr.
Plummer: I do
not want to wait until
budget time. I
want
it by the next
Commission meeting.
Mr.
Rosencrantz:
I think we could
probably have a
reasonably
accurate
answer for you by then.
Mr.
Plummer: Thank
you, sir. That's all I
have.
sl
34
March 28, 1985
---- - - - - -------------- ----- - - - - -- �---
------
32 ACCEPTIOID: ONE ELECTRONIC PAPER ` IT£R, DEPT. OF
BUILDING AND VEHICLE MAINTENANCE.
------------------------------------------------------------
{
f Mayor Ferre: Let's take up non -controversial items for five
minutes. We have S-9. Joe, we have some of these non-
controversial things. S-9 is the awarding of bid to the
A.B. Dick Company for furnishing one electronic paper
cutter. Does anybody have any objections? Does anybody
have a problem with that? Is there a motion?
Mr. Perez: Move.
Mayor Ferre: Do you want to second it? Moved and seconded.
Further discussion? Call the roll on S-9.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION NO. 85-334
A RESOLUTION ACCEPTING THE BID OF A.B. DICK
COMPANY FOR FURNISHING ONE (1) ELECTRONIC
PAPER CUTTER TO THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE AT A TOTAL COST OF
$13,499.43; ALLOCATING FUNDS THEREFOR FROM
THE 1984-85 OPERATING BUDGET; AUTHORIZING
THE CITY MANAGER TO INSTRUCT THE ASSISTANT
CHIEF PROCUREMENT OFFICER TO ISSUE A
PURCHASE ORDER FOR THIS EQUIPMENT.
(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.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
---- - - ---------------------------------------------
33 ACCEPT BID: RENTAL OF SIX-15 PASSENGER VANS PASSED AT
THIS POINT, LATER RECONSIDERED, LATER PASSED AGAIN
------------------------------------------------------------
Mayor Ferre: S-10 is the Inter American car rental 15-
passenger vans. I assume this went to the proper bidding
procedure.
Mr. Rosencrantz: Yes, it did.
Mayor Ferre: Any objections?
Moved by Carollo.
Mr. Perez: Second.
Is there a motion to S-10.
Mayor Ferre: Second by Perez, call the roll.
The following resolution Was introduced by Commissioner
Carollo, who moved its adoption:
sl 35 March 28, 1985
RESOLUTION NO. 85-335
A RESOLUTION ACCEPTING THE BID OF
INTERAMERICAN CAR RENTAL, INC. FOR
I FURNISHING SIX (6) FIFTEEN -PASSENGER VANS ON
A SHORT TERM LEASE BASIS FOR APPROXIMATELY
TEN (10) WEEKS TO THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE AT A TOTAL PROPOSED
COST OF $11,940.00; ALLOCATING FUNDS
THEREFOR FROM THE 1984-85 OPERATING BUDGET
OF THE DEPARTMENT OF PARKS AND RECREATION;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
(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 Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Commissioner Miller J. Dawkins
------------------------------------------------------------
j NOTE FOR THE RECORD: Resolution 85-335 was later
reconsidered by Motion 85-337 and subsequently repassed as
Resolution 85-338.
------------ --------- -------- ------------ --------------------
34 ENTER INTO AGREEMENT: ALLOCATE %5,000 WTNWOOD ELDERLY
CENTER PURCHASE 2-15 PASSENGER VANS
Mayor Ferre: Item S-13, $5,000 for the Wynwood Elderly
Center, providing a 20% local match.
Mr. Perez: Move.
Mayor Ferre: Perez moves S-13. Is there a second? Carollo
seconds S-13. Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
sl
RESOLUTION NO. 85-336
A RESOLUTION ALLOCATING $5,000 OF GENERAL
FUNDS: SPECIAL PROGRAMS AND ACCOUNTS:
CONTINGENT FUND TO THE WYNWOOD ELDERLY
CENTER FOR THE PURPOSE OF PROVIDING A 20%
LOCAL MATCH TO PURCHASE TWO 15 PASSENGER
VANS THROUGH THE FLORIDA DEPARTMENT OF
TRANSPORTATION SECTION 16(b)(2) PROGRAM,
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AGREEMENTS WITH THE 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.)
912
March 28, 1985
0
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
--------- ------------------- - - --- --------------------
35 ACCEPT BID: 500 OUTDOOR TRASH RECEPTACLES (Discussed and
temporarily deferred)
------------------------------------------------------------
Mayor Ferre: Now we come to the outdoor concrete trash
receptacles. Was that properly bid, Mr. Manager?
Mr. Rosencrantz: Yes, that was.
Mayor Ferre: That wasn't a sole bid, was it?
Mr. Rosencrantz: No.
Mayor Ferre: It's not a sole bid. How many bids were there
on that?
AT THIS POINT ITEM TEMPORARILY DEFERRED
■. - ----------------------------------------------------------
35.1ACCEPT BID: RENTAL OF SIX-15 PASSENGER VANS (!lotion to
reconsider earlier passage)
------------------------------------------------------------
Mr. Plummer: Wait a minute, did you pass S-10?
Mayor Ferre: Yes.
Mr. Plummer: I ask for a reconsideration, Mr. Mayor.
Mayor Ferre: I'll do that in a moment. Let's get back to
5-14.
AT THIS POINT, THIS ITEM IS TEMPORARILY DEFERRED
--------------------------
35.2BACK TO TRASH RECEPTACLES
------------------------------------------------------------
Mayor Ferre: S-14, there were three bids and this is the
lowest bid. Is that correct?
Mr. Clarence Patterson: No, sir, Mr. Mayor, that's the
second lowest bid.
Mayor Ferre: Why did you go to the second lowest bidder?
Mr. Patterson: As you recall, this was the container that
you instructed the Planning Department, D.D.A., and D.B.A.,
the Downtown Businessmen Authority to come with a design of
sl
37
March 28, 1985
i'
_
a container that would be practical and it has esthetic that
we're looking for in the City of Miami and this, of course,
is the container that represents that.
Mr. Plummer: What's the difference in the price between the
lowest bid and this one?
Mayor Ferre: Two seventy-seven and three thirty-nine per
year.
Mr. Patterson: That's correct.
Mr. Plummer: Total amount?
Mayor Ferre: INAUDIBLE - AUDIO TROUBLE
Mr. Patterson: That is correct.
Mayor Ferre: INAUDIBLE - AUDIO TROUBLE
INAUDIBLE COMMENTS - AUDIO TROUBLE
Mr. Plummer: How much is the difference in the total bid
between the lowest bid and this one?
Mayor Ferre: Two seventy-seven and three thirty-nine per
year.
Mr. Plummer: I don't have a calculator. I'm sorry.
Mr. Patterson: $62.00. _
Mr. Plummer: The total bid.
Mayor Ferre: Multiply 62 times....
Mr. Patterson: 31,000.
Mr. Plummer: Which is how much money?
Mayor Ferre: It's a stack like this.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: Now, what you're telling me is that we want to
pay $31,000 because you don't like the way the other one
looks, is that it?
Mr. Patterson: Not necessarily the way it looks, Mr. Mayor,
but to do what you instructed the administration to do to
come up with a container that was aesthetically pleasing and
serve the purpose of the litter in the entire City. This
container meets that bill better than any of the others that
were bid. Of course, D.D.A., Downtown Businessmen
Association, the Planning Department all concur.
Mayor Ferre: Anybody to move on this?
Mr. Plummer: Move it.
Mr. Carollo: I'd like to defer that for a full Commission.
I want to give Miller....
Mayor Ferre: There is a deferral on S
r
}
,.1
sl 38 March 28, 1985
r.
'14i4Y' y 4., 1,
• •l' `S's
0.
......,.ate..`_ -- ,.._...0 _ ._ _ _
----------------------------------- 10----------------
36 BACK T RENTAL OF
SIX 15- PASSENGER VANS.
Mr.
Plummer:
Mr. Mayor,
I'd
like
reconsideration of S-10.
Mr.
Carollo:
Let's take
it
up in
the afternoon.
Mayor Ferre: Motion to reconsider S-10. Second by Perez.
Further discussion? Call the roll on the reconsideration
off S-10.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-337
A MOTION TO RECONSIDER THE PASSAGE OF R-85-
335 CONCERNING THE AWARD OF THE BID OF
INTERAMERICAN CAR RENTAL, INC. FOR
FURNISHING SIX FIFTEEN -PASSENGER VANS ON A
SHORT TERM LEASE BASIS.
Upon being seconded by Commissioner Perez, 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: Agenda item S-15 was withdrawn.
------------------------------------------------------------
WHEREUPON, THE CITY COMMISSION WENT INTO
A RECESS AT 12:00 P.M., RECONVENING AT
2:350 P.M., WITH ALL MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT EXCEPT
MAYOR FERRE.
—
------------------------------------------------------------
NOTE FOR THE RECORD: Agenda
----------- --------------- -----------------
item S-3 was
withdrawn.
-----------------
------------------------
37 REPASSING OF RESOLUTION
- -
ACCEPT BID:
- - -- -----
RENTAL OF SIX 15-
PASSENGER SPANS
----------------------- -------------
------------------------
Mr. Plummer: S-10 I've asked that it be
reconsidered. Mr.
u:ce Mayor, I would like to
throw out all
of the bids and
start anew. I am concerned
whenever we have bids in a very
competitive market of rental cars, that
we only had one
bidder. That bothers me.
I'd like to
go out and re -bid
that issue. I so move.
Mr. Carollo: There is a
motion. Is
there a second.
Dawkins seconds the motion.
2
aC± i
3
sl
39
March 28, 1985
y�
2 a.
9
19
Mr. Rosencrantz: Can we comment on that before you vote?
Mr. Carollo: Under discussion, yes.
Mr. Rosencrantz: I think perhaps the reason we only
received one bid was really two reasons. First of all is
that we're talking leasing a van that's not normally
maintained as part of a lease company stock of vehicles that
they normally lease. The second part is the fact we're only
going to lease the vans for six weeks. I'm sorry, six units
for ten weeks, I'm sorry.
Mr. Plummer: Are you telling me you feel this is very
important?
Mr. Rosencrantz: Yes.
Mr. Plummer: I withdraw my motion. I withdraw my motion.
Mr. Carollo: Gentlemen, let me say this. This comes to
$2,000 per van for two and a half month period. This sounds
to me like a heck of a lot of money.
Mr. Rosencrantz: Well, we went out through the competitive
bid process. Since we only need the vans for a short period
of time for a specific program, unless....
Mr. Carollo: It's $2,000 per van.
Mr. Rosencrantz: I don't know exactly what other choices we
have, because the City does not own vans that we can put in
place of these vans and they are needed for a specific
program.
Mr. Carollo: What is the specific purpose that we're going
to use these vehicles?
Mr. Carl Kern: Carl Kern, Parks and Recreation, these are
for the summer program. Historically, we've leased extra
vans every summer because the kids are out of school and we
have our extensive summer program. So we do a short term
lease for ten weeks. Basically, they're used to haul all
these extra kids around to these different events. They've
done this for many, many years.
Mr. Carollo: Is there any other place that you can
go .... INAUDIBLE- AUDIO TROUBLE.
Mr. Kern: They've been pretty good about helping us in an
emergency situation, but on a day to day where we have to
use them all day long every day, it's pretty hard to make
those kinds of arrangements.
Mr. Carollo: Can you get by with less than six?
Mr. Kern: We really need more. I don't want cry wolf, but
that is a pretty minimal number considering the thousands of
kids we have being hauled all over the place. We've kept it
down. I would say they're very essential for the summer
program.
Mr. Carollo: How many did you lease last year?
Mr. Kern: Same amount. There are six recreation districts
in the City of Miami. One van goes to each district. Then
when we have a special event, sometimes we put two or three
vans for example, for the summer discos or something like
that.
Mr. Carollo: INAUDIBLE - AUDIO TROUBLE
March 28,
Mr. Kern: Yes,
process. I went
but I would say
previous years.
it is, I wasn't involved in this bidding
through Vehicle and Property Maintenance,
it looks reasonable from I've seen from
Mr. Plummer: Mr. Vice Mayor, I'll withdraw my motion and
move to approve. I've made my point on the record with a
proviso that the Manager will forward to me copies of all
companies that received the bids or request to bid.
Sometimes that is not...I'd just like to have a copy of
that. Since the time frame is so short, I will move it, but
at least we've had a full discussion on the record.
Mr. Carollo: Plummer moves it, second?
Mr. Perez: Second.
Mr. Carollo: Perez seconds. Further discussion?
Mr. Dawkins: Does the $11,920 represent the total amount or
is this excluding insurance?
Mr. Plummer: Usually, when you rent, it does...no, it
doesn't either, not anymore.
Mr. Rosencrantz: No, this is the lease calls. These would
be insured under the City's self-insurance program.
Mr. Perez: Why don't we have more minority participation in
the bidding procedures?
Mr. Plummer: That's why I want a list of who the bids were
asked from.
Mr. Rosencrantz: We can provide you with the list of the
bidders. We sent out 75 invitations to bid. We sent it to
everybody that we thought was in the business. I think the
problem with this particular bid is simply that this is an
item that normally a leasing company would not stock as part
of the things that they would lease. We're only going to
lease them for the period of the summer. So, there's not
too many leasing companies that would make the investment in
the inventory in order just to lease it for such a short
period of time. I think that accounts for the fact that we
have the higher lease.
Mr. Perez: But the purchasing office told me they have a
minority office in charge of trying to attract more minority
participation. How is work in that procedure?
INAUDIBLE RESPONSE - AUDIO TROUBLE.
Mr. Plummer: I'm the only minority.
Mr. Perez: But it's called a minority. Could I know how is
work in the minority office of the purchasing department.
Mr. Rosencrantz: We have a process, Commissioner Perez,
that we go through with every bid that goes out. We have a
provision in that bid that indicates to all the bidders that
minority participation is a factor in determining who
receives the particular bid. On all contracts and bids that
come in that are reviewed by a committee, Adrienne McBeth,
who is a minority coordinator, serves on that particular
committee to do those kinds of evaluations. Each bid that
comes in also, before it comes to the City Commission, is
reviewed by the minority bid coordinator, or minority
procurement coordinator to assure that everything was done
possible to insure minority participation.
4
Mr. Perez: Would it be possible that the minority
coordinator have the opportunity to meet with the different
chambers of commerce?
Mr. Rosencrantz: Yes, I think that she has been, at least
several years ago or several months ago -I don't know for
sure- she was meeting with a number of minority groups,
vendor groups, chambers -I'm not exactly sure of which
organizations, but I know that she met with a large number
of organizations to explain to them what the bidding process
was in the City and try to encourage more minorities to bid
on City projects. There has been an aggressive effort some
time ago that was very aggressive in order to accomplish
that.
Mr. Perez: I called yesterday Latin Chamber of Commerce,
CAMACOL,. and they are very interested in having a better
participation in the project, in this opportunity for
bidding, no? I would like is possible -I don't know if we
have to make a motion, but I would like to instruct the City
administration to try to instruct the minority coordinator
in order to have meetings with the different minority
chambers of commerce in order to attract more minority
participation.
Mr. Rosencrantz: Yes, we will do that. We will gladly do
that, Commissioner. In addition, any other special
interests or minority group that wants to do business with
the City, we'd be more than happy to meet with them. In
fact, we welcome the opportunity to have the chance to meet
with various vendors and discuss the prospects.
Mr. Perez: Do you think it would be possible that this
Commission know in the next three or four weeks what is the
progress in this direction.
Mr. Rosencrantz: Yes, we can give you an update report,
yes.
Mr. Carollo: Hearing no further discussion....
Mr. Plummer: Do we have assurances from Ronald Reagan that
he will not speak at a press luncheon about sending
limousines for the kids.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-338
A RESOLUTION ACCEPTING THE BID OF
INTERAMERICAN CAR RENTAL, INC. FOR
FURNISHING SIX (6) FIFTEEN -PASSENGER VANS ON
A SHORT TERM LEASE BASIS FOR APPROXIMATELY
TEN (10) WEEKS TO THE DEPARTMENT OF BUILDING
AND VEHICLE MAINTENANCE AT A TOTAL PROPOSED
COST OF $11,940.00; ALLOCATING FUNDS
THEREFOR FROM THE 1984-85 OPERATING BUDGET
OF THE DEPARTMENT OF PARKS AND RECREATION;
AUTHORIZING THE CITY MANAGER TO INSTRUCT THE
ASSISTANT CHIEF PROCUREMENT OFFICER TO ISSUE
A PURCHASE ORDER FOR THIS EQUIPMENT.
(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-
42
March 28, 1985
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
Mr. Rosencrantz: Commissioner Carollo, I want to correct
something. I said that there were 75... that we sent out 75
bids. I'm sorry, I was in error. It was 44 invitations to
bid instead of 75.
------------------------------------------------------------
NOTE FOR THE RECORD: Agenda item S-11 was withdrawn.
------------------------------------------------------------
------------------------------------------------------------
38. ENTER INTO AGREEMENT: OVERTOWN ECONOMIC DEVELOPMENT
CORP., INC. IMPLEMENT RENOVATION OF THE CULMER CENTER
------------------------------------------------------------
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Plummer: I had a problem with that, Joe. The problem
was we're spending $120,000 for renovations, but at the same
time, we're paying what, $9,000 rent.
Mr. Frank Castaneda: No, but it's a different building,
Commissioner.
Mr. Plummer: But we're still doing it for the county. Am I
correct? The renovations to the building are a county -owned
building.
Mr. Castaneda: No, the county previously owned the land and
it's passing title of the land to the....
Mr. Plummer: To us?
Mr. Castaneda:
Corporation, a
Organization.
Mr. Plummer:
property?
Mr. Castaneda:
To the Overtown Economic Development
non-profit C.B.O., Community Based
But they're going to have title to the
Yes, sir.
Mr. Plummer: What happens if theygo out of existence?
Then what happens to the property?
Mr. Rodriguez: At delivery time, it will revert back to the
City.
Mr. Plummer: I don't want them to leave. Madam City
Attorney. If title to a piece of property is given to
C.B.O., and that C.B.O. goes out of business, what happens
to the property or to the money derived from the sale of the
property?
sl
43 March 28, 1985
Mrs. Dougherty: It depends on the contract we have with the
C.B.O.
Mr. Plummer: Well, I think it is only fair - if we are
going to spend $120,000 to renovate a building in which
title is being given to a C.B.O., that if that C.B.O. goes
out of existence, then that title is then transferred to the
City of Miami. I think it is only fair. Now, if that is a
part of the agreement, I will be glad to move this item, but
I can't image - a C.B.O. is a non-profit organization. If
they get title ...
I think it is standard practice ...
Mr. Carollo: J. L., I think before you go any further you
have got to find out if Nuguchi has any involvement with
this. I want Maurice getting mad at three of us on the same
day.
Mr. Plummer: I guarantee you Nuguchi will have nothing to
do in Overtown.
Mrs. Dougherty: Mr. Commissioner, I suggest you just make
it form acceptable to the Manager and the City Attorney.
Mr. Plummer: Fine, I would move Item 12, acceptable in form
to the City Manager and the City Attorney with my point
being well taken.
Mr. Dawkins: Second.
Mr. Carollo: Okay, there is a motion with the stipulations
made. There is a second. Madam, would you like to say
something?
Ms. Anne Marie Adker: Yes, sir. You have already granted -
you granted the money.
Mr. Plummer: Anne, for the record, state your name.
Ms. Adker: Oh, I am sorry. I thought everybody knew me.
Mr. Carollo: We do, Anne.
Ms. Adker: I am Anne Marie Adker, 407 N. W. 5th Street.
That is in Overtown. This property that we are speaking
of - 495 N. W. 11th Street was the old Culmer neighborhood
center that was vacant. It is of historic value to us,
being the first court and jail and what not, and we would
like to preserve that building. It was given to us for a
dollar by the county. We don't have the money to renovate
it. It has been determined structurally sound, and I
understand that that this Commission allocated $124,000 for
the renovation. We thought that we had a contract some time
ago only to find out that some technicalities arose.
Mr. Carollo: Mr. Manager.
Mr. Plummer: Anne, all I am saying is, that if for whatever
reason the C.B.O. becomes non-existent, that that property
title is transferred back to the City - that is all that I
am saying.
Mr. Carollo: It is the only way we can really do it, Anne.
Ms. Adker: Well, I am sure that there would be no need - no
one could hold on to it if the C.B.O. goes out of existence.
I mean, the C.B.O. itself. It could not hold on to the
property.
44
March 28, 1985
y4:
Mr. Plummer: Okay, I just didn't want anybody to come in
and try to sell it and then divide up the money, and those
things happen!
Ms. Adker: I sit on the Board, and I never had a walk in
ticket.
Mr. Dawkins: But you may die, darling! You may die,
sweetheart, and we are trying to protect it after you leave.
We have no problem with you.
Mr. Plummer: She will never diet
Mr. Dawkins: Beg pardon?
Mr. Plummer: She will never diet
Mr. Dawkins: You will not bury her, I will bet you that.
Mr. Plummer: Her money not green???
Mr. Dawkins: Nope! (LAUGHTER)
Mr. Carollo: Annie, I think your point is well taken.
Ms. Adker: Okay.
Mr. Carollo: Can we call the roll, Mr. Clerk?
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-339
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, WITH THE
OVERTOWN ECONOMIC DEVELOPMENT CORPORATION,
INC. FOR THE PURPOSE OF IMPLEMENTING THE
RENOVATION OF THE CULMER CENTER AND FURTHER
DEFINING THE ROLES AND RESPONSIBILITIES OF
THE CITY AND THE CORPORATION IN CONNECTION
WITH THIS PROJECT.
(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 THE RECORD: AGENDA ITEM 23 WAS WITHDRAWN.
ld
WHEREUPON, THE CITY COMMISSION WENT INTO
A RECESS AT 3:02 P.M. RECONVENING AT
3:41 P.M. WITH ALL MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT except
Commissioner Dawkins and Vice -Mayor
Carollo.
45
March 28, 1985
39. CONCERNING AMENDING DEVELOPMENT ORDER FOR DEVELOPMENT OF
CLAUGBTON ISLAND: DECLARE 90 CASH CONTRIBUTION WILL BE
ACCEPTED; MANDATE CONSTRUCTION OF "MIDDLE INCOME" OR
"AFFORDABLE" UNITS TO BE CONSTRUCTED - 75 UNITS EACH IN
3 BUILDINGS ETC.
Mayor Ferre: Take up Agenda Item 14, please.
Mr. John Lefley: This whole issue before you is the
question of the extension of time. The applicant actually
requested the six month extension in which to discuss
further the question of the construction of low cost housing
off of Claughton Island. On May 23rd the Planning Advisory
Board only recommended extension two months. We feel that
that simply won't be enough at time to resolve the issues at
hand. The Counsel for the applicant has additional ...
Mr. Plummer: Who do you represent?
Mayor Ferre: City of Miami.
Commissioner Dawkins A Vice Mayor Carollo entered at 3:43
P.M.
Mr. Lefley: City of Miami Planning Department.
Mr. Plummer: And you say that the Planning Department
recommends two months and you are saying ...
Mr. Lefley: The applicant requested six months. The
Planning Advisory Board granted two months. The Planning
Department feels that we still have not resolved the issues
involved in the creation of the five hundred units off of
the island.
Mr. Plummer: Do you know why the Planning Board went for
sixty days instead of six months? What were there reasons.
Mr. Lefley: I can't answer that question. It was Mr.
Benjamin's motion. I recall that.
Mr. Plummer: Were you at the meeting?
Mr. Lefley: Yes, I was.
Mayor Ferre: That was our doing.
Mr. Rodriguez: If I may, the Planning Advisory Board has
been taking a position lately that they don't look favorably
to extensions of development order's time, because they feel
that this keeps going on and on without accomplishing the
original development order condition.
Mr. Plummer: The only issue before us today is whether it
is two months or six months, or no months?
Mr. Rodriguez: Right. Otherwise it will expire today.
Mr. Plummer: Okay, so then we need to know from the
developer why he hasn't done something now?
Mr. Robert H. Traurig: Mr. Chairman and Commission, Robert
H. Traurig, 1401 Brickell Avenue. I have had a dialogue
with the City Administration during its entire period of
time. We have had meetings with Mr. Castaneda at Community
Development. We have had meetings at the City Manager's
office, principally with Mr. Patterson. We have submitted
46
March 28, 1985
A OR
some figures demonstrating what we thought was a proper
amount to be contributed by the developers at Claughton
Island. The City has taken a contrary position. the
difference in our position is that we know we have an
obligation to create low income housing units. There is no
definition in the development order as to what is a low
income housing unit. We say that low income housing unit
could be a one bedroom apartment. They say should be family
units of two and three and four bedrooms. They reached a
conclusion as a result of that that it would probably take
$3,700,000 to not only supplement the mortgage funds to
create those units, but also to cover the deficit in
operation. We say that that is only predicated upon the
larger units. The smaller units would permit us to come in
with substantially less dollars and we suggested $29000,000
as the proper amount. Just recently, however, on March 4th
of this year, we wrote a letter to the City Manager's office
in which we said we will compromise that difference by
offering three million dollars rather than the $3,700,000
and we are still at a point where the City Administration
has not yet responded to us and that is why we have had the
delay. The delay has been because at our discussions with
the Administration, we haven't yet gotten a resolution of
that issue.
Mr. Plummer: Mr. Traurig, I think your argument that you
are making today is premature, because at this particular
point - your agreement, you, the developer's agreement with
this City, you don't have the right to move it off the
island. That point is got to be fought first, and then if
this Commission allows that, then we can talk about the
dollars involved, but to my knowledge, I just asked the City
Attorney in charge of zoning - at this particular point you
are still mandated to build on the island. Madam City
Attorney, am I correct, in that statement?
Mrs. Dougherty: That is my understanding.
Mr. Plummer: Okay, now I think you had better argue your
first argument first, and then if you pass that hurdle, then
we can address the dollars.
Mr. Traurig: Mr. Plummer, I recall well that I flew back
from the Olympics on July 31 to address this issue, and if
you 9recall, at that point we made a presentation which
included the report which had been done by the urban league,
which indicated that a transference of the units from
Brickell Key to the mainland was from the standpoint of the
social issues - the proper approach. The City Commission
did not pass a resolution that day because no resolution was
before the City Commission, but I think that a reasonable
interpretation of the action by the Commission that day was
that the transference of the unit was proper and that we
should proceed to work out the mechanics of the
transference. Commissioner Dawkins on other occasions asked
the question to me of what units, where are units - how are
we going to create the units, etc. The whole question was,
should we contribute dollars to the City, or should we build
the units? Never has there been a discussion since July of
whether or not the units should be on the island, or
elsewhere. The whole question was who should create the
units, and with how many dollars.
Mr. Dawkins: Okay, well let's put it on the record now.
Since there has been no discussion prior to that, okay? We
want 200 units. Now, and you and I both agree that it was
not compatible to low income housing on the island, but as
the Commission has said, no one yet has come up with 200
units. I hear everything - when I talk with you, I have
said why not take the 200 units and split it between four
ld
47
March 28, 1985
4
A
communities. Nobody wanted to hear that, right? Did we
discuss that?
Mr. Traurig: Yes, sir.
Mr. Dawkins: Right, nobody wanted to hear that. So coming
back to what the Commission has said, no one has agreed yet
to take the units off of Claughton Island.
Mr. Traurig: Well, may I ask the City Commission then, to
address that issue, either now as a part of this hearing, or
whenever it would be appropriate for you to have it as a
formal agenda item.
Mr. Dawkins: We can do it now.
Mr. Traurig: I would ask then, if it be acceptable to the
Commission that I introduce the subject at this time to the
Commission to formally resolve that we can move the units
from the island to the mainland. Now, that would require a
modification of the existing development order as it relates
to Claughton Island. I do not believe that it would be a
substantial deviation. We are not changing the obligations.
We would ask you to determine that it is not a substantial
deviation of the development order. I would ask you to
permit us in moving the units from the island, to negotiate
with a developer who would develop low income housing within
the City of Miami - to permit that developer to create those
units to which we would make the contribution. If that is
not an acceptable arrangement, and I think that there is a
representative of related housing in the audience today to
make the presentation that they are prepared to accept our
money and create those units. But, if the City Commission
feels that the funds that we would utilize for that purpose
should be contributed to the City's housing fund ...
Mr. Dawkins: No, you can stop that right there. I just
told you, I do not want you or your developer (me,
personally) to donate one penny to the City, because the
money is going to get hung up in the City coffers and we are
not going to get any building built.
Mr. Traurig: Then we would ask that the City Commission
would approve our entering into a joint venture with a
developer who would create low income housing within the
City and transfer our obligation from the island to that
project.
Mr. Dawkins: Well first, that is another thing that you and
I are going to have to get ... see, if you are going to
build it on Claughton Island, I will accept low income. If
you are going to build it off the island, then I have to go
to middle income, or affordable.
Mr. Traurig: Sir, we are happy to do whatever is the sense
of this Commission.
Mr. Plummer: Well, the only thing that I think I can see,
is the fact that I don't know that there has been any
dollars applied to it. Now, when you start talking about
developing on Claughton Island, you are talking about a hell
of a lot difference in money between the property value and
the regular value, wherever else you are going to put it.
So, I think it is in order, if Commissioner Dawkins wants to
move such a motion, that we the Commission give you the
right to come back with a proposal to this Commission to in
fact, make a presentation that is acceptable to this
Commission, and I want to tell you for one, just speaking
for one, that I like the idea of not a single building in
one particular area, favoring one group over another. I
ld 48 March 28, 1985
F
think it can easily be split into three buildings or four.
That is immaterial to you, because all you are going to be
doing is putting up "X" number of dollars.
Mayor Ferre: Let me say that I agree, J. L., with the
concept of Miller and you I think are expressing if I
understood what you said properly. I think Bob, the onus is
on your client to come back to this Commission with a
specific viable, alternate or alternates, and J. L., my only
request is that you not preclude anything. Let them come
back with one or more offers and we will then discuss
whether or not these are acceptable to the Commission.
Mr. Dawkins: Mr. Mayor ... Madam City Attorney, Mr. Traurig
is here in good faith to deliver on 80% of the island. He
has not been able to get a commitment from the other 20%.
Now, what do we do in a case where a developer owns 80% of
the development and another developer owns 20% of the
development and this developer refuses to cooperate and
expects, in my opinion, the 80% to produce for the 100%.
Mayor Ferre: Did you understand? Bob, while she is
consulting and thinking about this, let me ask of if I
may, which is the heart of your question. As I remember the
resolution that was passed ten years ago and the development
order, your client, or their predecessors specifically
committed to do something within a ten year period. It had
nothing to do with what Ed Claughton owned or didn't own, or
the 20%. When you got the development order, one of the
conditions, where we granted that development order ten
years ago and Plummer and I were on the Commission then, was
that you would do this within a ten year period. Now, the
ten year period is about to arrive.
Mr. Dawkins: It was over the 15th of February.
Mayor Ferre: Of February - okay, the ten year period is now
past. We are now in the 11th year. We have now put this
thing off, giving you time to come back with an answer. You
have got to come back with a bonafide offer or it is my
opinion, you have got to proceed to deliver what your client
... the corporation, the property rights that you bought
with the development order. They have a financial fiduciary
responsibility, which is legally binding and you have got to
produce.
Mr. Traurig: Mr. Mayor, let me refresh the recollection of
the members of this Commission. You are entirely right when
you said that the development order in 1975 provided that
the units had to be created by February 12, 1985, and we had
pointed out to you that there are no subsidized housing
programs, and that there was no development at all on the
island between 1975 and 1980 and that it is not the
intention to avoid the obligation, but the development on
the island had terminated. When we came to you ar,d we
presented to you the study that had been done by the
national housing specialist for the urban league out of
their New York office, the whole issue of transference was
addressed, and I think that the conclusion was that the
transference was a reasonable solution. We were told to go
to the City Administration and work it out. We were not
told whether or not we should build the units, or we should
contribute the dollars, but there was in my opinion, some
sentiment on the Commission that the dollars ought to be
contributed to the City so that they would supplement other
funds that the City utilized for creating low income
housing. Be that as it may, we have discussed this time and
again with your Administration and we are here to ask you to
help us bring this to a resolution. We want to resolve it.
ld 49 March 28, 1985
M=
WN 01�
Mr. Dawkins: Mr. Mayor, you see this is what I will be
arguing about when it comes to Overtown Parkwest.
Developers come in that make all kind of glorious promises.
We give all kinds of variances. We allow them all kinds of
breaks and then when the time comes for the product, we
don't have it. Now you are telling me - I mean Herb Bailey
and those, that in order to get Overtown Park West going, I
have got to give the developers all of the variances and
things that they want. Now, if I cannot force this
developer to come up with 200 units which was due February
12th, how am I as a Commissioner, going to force those
individuals at Overtown Park West to come up with units?
See, I sympathize with your client, but your client must
sympathize with me. See, your client owes me 200 units of
housing and when you came in, knowing that it would not be
ready - not you Mr. Traurig, when your client knew that he
could not.produee the housing on the 12th, instead of coming
up with a plan to produce 200 houses, they seem to be
looking for a way, an escape, to produce the least amount
for the least amount of money and get off from under the
hammer. But you see, right now my only concern is, we in
the City of Miami need affordable housing, okay? I do not
intend, as one vote, to wait past 18 months for 200 keys. I
don't want no money. I want 200 keys to 200 units.
Mayor Ferre: .......
Mr. Dawkins: No, affordable. If they are going to build
low, put it on Claughton Island. See, we have got to come
out - the City of Miami has got to come out of this in good
shape, so if we are going to put low income, put low income
on Claugh!-.on Island. If you are going to help me with my
housing, give me, and Mr. ... the gentlemen, some of you
guys are related ... see, you can tell me all you want, but
I can tell you what I am going to accept as my vote. Now,
you can come up here and give me all that you need. I want
a one bedroom that you can bring in in affordable housing at
$250 a month, and it has to have 600 square feet; a two
bedroom with one bath that can come in at $350 a month, 750
square feet. And you can have some two bedroom, two baths
that you can bring in at $475 a month, and have 830 square
feet. Now, if you bring me that, you bring me affordable
housing, and I can buy it.
Mr. Traurig: I just discussed this very briefly with Mr.
Perez of Related Housing. He points out that based upon our
contribution, they could create ... this was based on 164
units not 200. He broke it down - 57 one bedroom, one bath
would pay an average rent of $337; 24 two, ones at $395 and
Mr. Dawkins: What is the square feet on the first one you
gave me?
Mr. Traurig: I don't have the square ...
Mr. Dawkins: Where is somebody from the housing? What is
the square feet on the first one - the one bedroom?
Mr. Traurig: 550.
Mr. Dawkins: What is the square footage of somebody over
there in public housing?
Mr. Plummer: Is that in one building or three?
Mr. Traurig: That is one building, sir.
Mr. Plummer: What is the difference in three?
ld
50 March 28, 1985
ON
Mr. Dawkins: What is the square footage in low income
public housing?
Mr. Castaneda: I don't know, Commissioner. I will check
for you and give you an answer later.
Mr. Dawkins: Well, you build houses, what is it?
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Dawkins: So you see, you are giving me for affordable
housing what people in low income are getting for nothing.
That is not a fair trade-off.
Mr. Traurig: The reason that we worked these numbers up,
was until today we thought we had to create low income
housing and today we understand that you want moderate
income housing.
Mr. Dawkins: No, nol Okay, let's get together. I want low
income housing on Claughton Island.
Mr. Traurig: Okay.
Mr. Dawkins: Okay? Now, if the developer wants it over
there, then we are in agreement, but if he doesn't want to
put it on there, I want affordable housing on.
Mr. Traurig: Okay, we would appreciate it if this matter
could be addressed by other Commissioners as well, so that
when we leave here we know exactly what the sense of the
Commission is. The numbers which we have worked up and the
amount of our contribution were based upon (a) low income
housing and (b) in one building, and if we are going to
provide other figures for you, if you could give us an idea
of what to come back with, we will be back in two weeks, or
whenever your next hearing is. We haven't been able to get
it for the community development department.
Mr. Dawkins: Let me see if I can't help along the lines. I
pass a motion that this Commission accept no money from the
developer of the land on Claughton Island; that instead we
accept 200 keys to 200 units completed and ready for
occupancy and that be done within 18 months.
Mr. Plummer: Wait a minute.
will second it, but amended.
Mayor Ferre: Go ahead.
I want to amend that then. I
Mr. Plummer: I would like it at three buildings, in three
different locations and I would like to increase it to 75
units per building and they can break down in three, three
and three.
Mayor Ferre: All right now, that is fine and I will vote
with it; however I would like to ask that you put another
clause in there, and that is that if they have a better
offer, that they not be precluded from presenting it to the
Commission and then we will pass judgment as to whether it
is acceptable or not. Now, I agree with what Commissioner
Dawkins says - that is much better than accepting money
because if we accept a contribution, that isn't going to get
us housing and the proof of the pie, with all due respects
to own department heads that we have been ... we have 1,000
units of affordable housing and we haven't even begun ... we
haven't broke ground on itl For six years we have had
$25,000,000 worth of bond monies that have not been usedl
So, I think the onus is on your client to produce 200 units.
ld 51 March 28, 1985
ON
Mr. Plummer: 225 now. They have lost the 200 on February
12th.
Mayor Ferre: That is acceptable to me, but the point is,
that I think the onus, Bob, is on you and believe me, I
think it is going to get worse, because it is going to get
tougher as we go along, and I think it is really ... your
client really needs to deal with the issue and come back
with Alternate "A", Alternate "B", whatever you want, and
let the Commission decide. Now, I think Plummer's idea of
three buildings at 75 in three parts of town is commendable,
but that may not be doable. You may have to do it in two.
You may have to do it in one, I don't know. Whatever it is,
you need to come up and make us the offer, and I think
Plummer is right. The longer you wait, it is not going to
be 200, it is going to be 225.
Mr. Traurig: Well, we shall return and I would call your
attention to the fact that ...
Mayor Ferre: Is that acceptable to you, J. L.?
Mr. Plummer: Well, I will be glad to look at alternates,
but that is where I am at today.
Mayor Ferre: I understand.
Mr. Traurig: I would like you to know though, that
consultants have advised us that three different sites and
three different land costs and three small complexes
substantially increase the cost of creating these units.
Mayor Ferre: To what?
Mr. Traurig: Well, now, we will have to come back with
specific numbers for you. May we have a date on which we
can return to you? ... so that we can ...
Mr. Plummer: How about the 11th?
Mayor Ferre: That is awfully quick.
Mr. Plummer: I though you wanted to rush it?
Mr. Traurig: I don't think we could get back by the 11th.
Mr. Dawkins: Okay, I don't ... but now, Mr. Plummer, we
did, when you made the motion, it did say within 18 months.
You didn't take that out?
Mayor Ferre: No.
Mr. Dawkins: Okay.
Mayor Ferre: Mr. Perez?
Mr. Perez: I just want to say a few words on how we got
involved. Mr. Traurig came to our office and asked us how
do we produce units that are affordable to low and moderate
income housing in the City of Miami in an area where they
can be rented and it meets the requirements, particularly of
the Latin and the Black community. At that time we had been
doing the feasibility for a project that we are going to go
and proceed anyway whether we make a deal with Mr. Traurig's
clients or not, to build some middle income rental housing
in the land which is basically the second phase of the
Riverfront on N. W. 17th Avenue and the river. There is a
marina built already there. There are racquetball courts,
there is swimming pools and so forth. The rents for those
units are going to be for a two bedroom, two bath unit,
between $575 and $650 a month. That is a two bedroom, two
bath. The two bedroom, one bath is going to be about $500 a
month and the one bedroom unit is going to be about $430 a
month. And we were shooting for the middle income worker in
the hospital and in the airport conference and it was going
to have all of the amenities - you know, with a nice area,
the building is walk in, it has a marina already built in
and so forth. The land was obtained at an incredibly good
price, because it was almost being foreclosed, and what we
told Mr. Traurig is, that the cost of the price of the land
being so inexpensive, that with a contribution from their
group, okay, we would lower the rent, based on the
contribution that we received. So, instead of being a
project for basically type of unit, same design, instead of
being a project for middle income tenants, okay, we would
lower it to be lower, lowered, and moderate income tenants
and that way we could get not only, for example the interns
at Jackson Memorial Hospital, but we could get the nurses
and the nursing assistants and create some moderate income
housing in a project that has the amenities of any middle
income housing project. The site is being zoned for about
350 units, but in order to maintain the building costs down,
we have to be under 50 feet you know, and it takes about 175
units, based on this program, and that is how we got
involved.
Mr. Dawkins: And you are basing your low, low, on one
bedroom, a kitchenette, or what?
Mr. Perez: We were working with different contributions
from the Traurig group, and basically it comes out the total
project cost for 168 units is about $6,500,000, with a
$2,000,000 contribution to get round numbers. A one
bedroom, one bath ...
Mr. Dawkins: I told you yesterday. I am going to tell you
again today. It is no way in the world I am going to let
those people off the hook for $2,000,000, so you can just
stop telling me than
Mr. Perez: No, I understand ...
Mr. Dawkins: No, no, but I told you and you keep trying to
sell me, and I am not going to buy it! I am not going to
let them off the hook for $2,000,0001 So now, you can stand
up here and quit saying they are as pretty, but I am just
one vote! You can paint all the pretty pictures you want.
Mr. Plummer: Can I ask a question on the record?
Mr. Dawkins: You know, I mean to tell you that.
Mr. Perez: I understand, Commissioner Dawkins. I
understand. What I am saying is, if a contribution were
made, for example, for $2,000,000. One bedroom apartments
could rent for $340 a month.
Mr. Dawkins: And what is the square footage?
Mr. Perez: 550 square feet and two bedrooms would rent for
about $400 and some dollars - $420, something like that.
The bigger the contribution, the lower we can keep on
bringing those rents.
Mr. Dawkins: And how many units are you talking about?
Mr. Perez: 168.
,, 0%
Mr. Dawkins: But, see it is up to 225 now, and where are
you going to put 225 units?
Mr. Plummer: Can I ask a question on the record? Where
does the mystical figure of $2,000,000 come from? I
understand the City did a memo and what was your estimated
cost of doing the 200 units off of the island?
Mr. Castaneda: It was in excess of $3,5009000.
Mr. Plummer: Well, why are we talking $2,000,000 if there
in reality is $3,500,000?
Mr. Castaneda: That is there offer, and they are saying ...
Mr. Plummer: Ah ha! Okay, in other words you did a study
and your study shows that the cost factor would be
approximately $3,700,000 and they are trying to come in now
and do it for $2,000,000.
Mr. Castaneda: Right.
Mr. Plummer: Well, I commend them for trying.
Mr. Traurig: No, sir. I think we have to clarify. Mr.
Castaneda would tell you that his $3,700,000 was based upon
three bedroom apartments.
Mr. Castaneda: Three, two, and one bedroom apartments.
Mr. Traurig: The development order doesn't say we have to
build three bedroom apartments. It just says we have to
build housing for low income families. When we did our
figures ...
(INAUDIBLE BACKGROUND COMMENT)
Mr. Traurig: Yes, sir, I understand that, but when we did
our figures, we were using one bedroom apartments. They
were using three bedrooms, so we went back to the City and
we sent a letter to the City three weeks ago saying we will
raise the $2,000,000 to $3,000,000, so now we are only
$700,000 apart. We came up $1,000,000 and we said we will
utilize $3,000,000 to satisfy this obligation, thinking that
that was a very fair compromise, since there is no definite
prescription with regards to the size of the unit. So, that
is the difference between the two, Mr. Plummer.
Mayor Ferre: We need to move along. We have a motion on
the floor. The motion is very clear. I think it is
explicit and speaks to the issue. Can we now vote on it?
Without further discussion, call the roll.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
ld
MOTION NO. 85-340
A MOTION DECLARING THE INTENT OF THE
CITY COMMISSION CONCERNING THE EXTENSION
OF TIME TO CONDITION THE DEVELOPMENT
ORDER AND DISMISS APPEAL CONCERNING THE
OBLIGATION OF SWIRE BISCAYNE INC.,
CHEEZEM INVESTMENT CORP., AND EDWARD N.
CLAUGHTON, JR., & SUZANNE C. MATTHEWS TO
CONSTRUCT UNITS OF HOUSING BY DECLARING
THAT THE CITY COMMISSION WILL ACCEPT NO
MONIES FROM DEVELOPER OF CLAUGHTON
ISLAND, BUT RATHER STIPULATING THAT
MODERATE INCOME OR AFFORDABLE HOUSING
54
March 28, 1985
UNITS IF BUILT ON THE MAINLAND SHALL BE
CONSTRUCTED AND READY FOR OCCUPANCY
EIGHTEEN MONTHS FROM THIS DATE; FURTHER
STIPULATING THAT THE UNITS SHALL BE
DIVIDED IN THREE SEPARATE BUILDINGS OF
75 UNITS PER BUILDING, AND THREE
SEPARATE AREAS OF THE CITY TO BE
SPECIFICALLY IDENTIFIED AS TO LOCATION
AT A LATER DATE.
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.
40. DEVELOPMENT ORDERS: MIAMI CENTER I AND MIAMI CENTER
II.; MIAMI CENTER I - Withdrawn; MIAMI CENTER II -
Continued in relation to time only.
Mayor Ferre: The next item is Agenda Item 12, which is the
Miami Center Development Order on the 3:30 agenda. Yes,
sir.
Mr. Rodriguez: Rather than going with a lengthy
presentation, I understand from reading the papers and just
meeting with the lawyers and Mr. Gould and Olympia -York,
that they are considering withdrawing the amendments to the
development order, so I think it would be appropriate and in
order that they would make a presentation now.
Mayor Ferre: I think we need to hear then from them as to
what their specific proposal is. I would like to ask to ask
the City Attorney, who I know has a lot of requests to give
us opinions on a lot of things, but this is an important
issue. I would like for you to listen to this so we can get
a legal opinion from you. Proceed.
Mr. Robert Sommerville: Mr. Mayor, my name is Robert
Sommerville. I am an attorney representing the applicant.
On behalf of the applicant, I wish to withdraw the
application for amendment to the development order for Miami
Center I. Did you want me to also consider the Agenda Item
13?
Mayor Ferre: Yes, I think you have to deal with that,
because I think they are obviously related. At least we
think they are.
Mr. Sommerville: On behalf of the applicant, Miami Center
Joint Venture, I wish to withdraw the application for
amendment to Miami Center II Development Order, except for
the portion of the Miami Center, the application which
requests an extension of time for the Miami Center II
Development Order and with respect to the extension for
time, I would modify our application to extend the
development order to June 1, 1985, from the present
expiration date of April 25th.
ld 55 March 28, 1985
Mayor Ferre: First, to the legality of it - Lucia. Then to
the Administration's position on this.
Mr. Plummer: Excuse me, may I ask a question? Sir, I am
not, excuse me, but how do you have the right to speak for
Miami Center? It is my understanding that you are not a 51%
partner.
Mr. Sommerville: Commissioner Plummer, I am prepared to
have the attorney for "0" and "Y" also make the motion, if
that is satisfactory.
Mayor Ferre: All right, I assume that is ...
Mr. Sommerville: I am speaking for the joint venture for
both in this instance.
Mr. Plummer: Well, because in the newspaper article, Mr.
Gould clearly states that ... where is the article?
Mayor Ferre: I have been talking to Mr. Gould. He called
me yesterday to explain this to me, but I think the question
is very apprP,-i-.*Lat7 and I think just to have the record
clear, into the r�,cord, would the attorney for Olympia York
make his statement?
Mr. John Cozak: My name is John Cozak. I am here on behalf
of Olympia York and Florida Equity Corporation, which is the
other general partner in the Miami Center Joint Venture. We
signed application for amendments which are presently
pending before the Commission and we join in with Mr. Gould
in moving to withdraw that application for amendment as
stated by Mr. Sommerville.
Mr. Plummer: Is there a representative here of the Worth
and Company?
' Mayor Ferre: Worth and Company is not involved in this.
Mr. Plummer: Mr. Mayor, excuse me, and I am not saying this
as gospel - no newspaper article is gospel. "The changes in
the Ball Point Development Order Gould has said are required
in a tentative deal to sell the tract to Worth and Company,
a California development firm. The Worth Company is
proposing the two high rise office towers."
Mayor Ferre: Yes.
Mr. Plummer: "Gould said yesterday that his deal with Worth
and Company is not dead. He added that he plans to talk
with Worth officials to determine what they want to do. If
they want to go ahead, Gould said, it will be up to them to
make application to the South Florida Regional Planning
Council and to the City to change the Ball Point Development
Order."
Mayor Ferre: As a member of the Dinner Key Bar, let me say
that what Mr. Gould might, or Olympia York might do with
that property in the future is not at issue here today,
because Mr. Worth does not own and is not a participant to
any of this, so therefore, the only people we have to deal
with are those who are in possession of the property at the
present time and we have both of those entities here as
represented by their attorneys. Is that correct? Madam
City Attorney, is that correct?
Mrs. Dougherty: Yes, sir, Mr. Mayor.
Mayor Ferre: Now, I asked for a legal opinion from you
firsts, and then I would like to hear from the
March 28,
Administration as to where this leaves us, and then I want
to hear from Southeast Financial Center and anybody else who
wishes to speak to the issue.
Mrs. Dougherty: Mr. Mayor, then may withdraw their
amendments with the exception of the extension of time and
you will care to consider that only, it is permissible.
Mayor Ferre: Okay.
Mr. Walter Pierce: Mr. Mayor, if I may - the development
order, or the request as regards Miami Center I may also be
withdrawn by the applicants. However, as far as we are
concerned in the enforcement agencies for the development
order, it doesn't matter, because they are already built
under the Miami Center I Development Order and received
benefits from that and there are outstanding obligations
under that development order. There is as well a temporary
certificate of occupancy, which expires on May 9th and we
have no choice but to pursue the administrative route as
regards the temporary C. 0. and the unfinished obligations.
Mayor Ferre: Okay, I think I understand that, but just so
that we can be very explicit and in layman's language, there
are certain obligations which the property owners in both
Development I and Development II have stated that on the
record they would do, and my question therefore, I guess
legally, is where does leave us specifically with regards to
the financial obligation in paying for traffic improvements
and specifically with regards to the easements for the
building of the ramps for the Dupont Plaza traffic
improvements.
Mr. Pierce: The obligation to provide dedication of rights
of ways for the bifurcated ramp system is a portion of Miami
Center II's development order.
Mayor Ferre: What happens if they withdraw?
Mr. Pierce: It is goodby!
Mayor Ferre: Is there a fiduciary responsibility? Are they
legally bound to the commitments they made and if they
withdraw, where does that leave us with regards to those
commitments?
Mr. Pierce: I don't believe they have any longer a legal
obligation to do the right of way dedication.
Mayor Ferre: Well, let's get the City Attorney's opinion on
the record.
Mr. Dawkins: I concur, Mr. Mayor.
Mayor Ferre: Okay, now, is there anything you want to add?
All right now, for Southeast Financial Center.
Mr. Plummer: What you are saying then for the record, is
that they are off the hook for their obligation as to those
improvements?
Mrs. Dougherty: Under the development order, those came in
when they built the second phase of Miami Center II. They
are not building it.
Mr. Plummer: But the temporary C.O. they have is on I?
Mrs. Dougherty: Right.
Mr. Plummer: That will run out on May 9th?
ld
57
March 28, 1985
Mrs. Dougherty: Yes.
Mr. Plummer: Then what happens on May 10th?
Mrs. Dougherty: We are going to enforce the development
order on Miami Center I.
Mr. Plummer: And that is that the temporary C.O. is
withdrawn?
Mr. Pierce: No ...
Mrs. Dougherty: If they don't comply.
Mr. Pierce: The temporary C.O. cannot be withdrawn. It
will simply expire, and under law, we have no obligation to
extend it or renew it.
Mr. Plummer: What is the consequences of it not being
renewed?
Mr. Pierce: We will require that the Pavillon Hotel and the
Ed Ball office building be immediately vacated and occupancy
ceases until it complies fully with the development order.
Mr. Plummer: Madam City Attorney.
Mr. Pierce: Mr. Commissioner, if I may make one other
statement. As regards to Miami Center II, the request has
been to extend that time period for the development order.
The right of way dedication obligation remains as long as
that development order is alive. Once it dies, it then
disappears.
Mr. Plummer: Okay, Madam City Attorney, you have heard Mr.
Pierce say that on May 10th, a not renewed C. 0., is in
fact, they will demand that the Pavillon Hotel and the Ed
Ball building be immediately vacated. In your opinion, is
that enforceable in court?
Mrs. Dougherty: There are several options the City would
have at that point. They could extend it if they wanted to.
Mrs. Dougherty: The City would go in and try to enforce it.
First we would give them reasonable time to vacate, or to
comply, either one, and then failing that, we would ask them
to vacate and try to enforce it in court.
Mr. Carollo: Madam City Attorney, would I be in conflict of
interest in voting on this, since my first ring attorney is
in one of those buildings?
Mrs. Dougherty: No, sir.
Mr. Carollo: Okay.
Mr. Plummer: You might not be in conflict, but you might be
in trouble!
Mr. Dawkins: Isn't the building occupied now on a temporary
C.O.?
Mr. Pierce: Yes.
Mr. Plummer: That is in Number I.
Mr. Dawkins: So if it is a temporary C.O., it can be
revoked. So if they have no C.O., then they have to vacate.
March 28, 1985
Mr. Plummer: That is correct.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Carollo: We are finding more and more usefulness for
the library building.
Mr. Plummer: I wonder if Noguchi could incorporate the the
Pavillon into the park?
Mayor Ferre: It is the other way around.
Mr. Pierce: Mr. Mayor, just to clarify what I said, we
would not immediately, you know, say close down the Pavillon
or Ed Ball. We would try to gain compliance with the Miami
Center I order first, and then failing that, we would try to
enforce it.
Mr. Plummer: No, not Mr. Pierce, we don't want you to be
benevolent.
Mr. Pierce: Believe me, I am not being.
Mr. Dawkins: Everytime he comes in here he tells you what
he will and will and will not do, so I can tell him what we
will or will not do. He has never come up here and said I
cooperate, I will meet you half way.
Mr. Plummer: Okay, we understand.
Mr. Dawkins: No, this is my feeling and if people have no
C. 0., get out of the building.
Mr. Plummer: Right, we understand that. I think we
understand Number I. Now, Number II is the one that you are
asking to be withdrawn?
Mayor Ferre: And I.
Mr. Plummer: No, one is already built.
Mr. Sommerville: We are asking the amendment to the
development order I that we requested to be withdrawn.
Mr. Plummer: Okay.
Mr. Sommerville: And with respect to development order II,
we are withdrawing the application except for the portion o"
the application that requests an extension of time of the
development order. The development order now presently
expires April 25th and we are asking that it be extended to
June 1, 1985.
Mayor Ferre: And let me explain the purpose of that, as I
understand it, and please correct me if I am wrong. Mr.
Gould says that since now he has come to some kind of an
agreement with the Olympian York, he would like the
opportunity to sit down with the City's Administration and
with Metropolitan Dade County. I don't know why he wants
Merritt Stierheim involved in this, but he says he wants to
sit down to discuss conditions in which he would evidently
go forward, and I don't quite understand exactly what that
means, but I think he seems to want to discuss his
obligations and I guess the ramp and the right of way. That
is the way I understood it, and whatever it is that he is
committed to pay in whatever different projects that he is
committed.
MrSommerville: I believe that both "0" and "Y" by Mr. Gould
are intending to meet with the City and the County.
ld 59 March 28, 1985
I
Mayor Ferre: I am sorry, what?
Mr. Sommerviller: "0" and "Y" and Mr. Gould are intending to
meet with the City and the County.
Mayor Ferre: And would you for the record tell us why?
Mr. Sommerville: I think for the reason that you said -
that they wish to discuss the project and the future
development of the project in the Dupont Plaza area.
Mayor Ferre: As I understand it, is it Mr. Gordon Henry,
who has to leave, and will be out of town for several weeks
at Olympia York and that is why the time.
Mr. Cozak: Yes, Gordon Henry, it is my understanding will be
out of the country until April 9th, or maybe April 10th.
Mayor Ferre: And after that then he is willing to come to
Miami with Mr. Gould and sit down with the Manager and he
wants the County present, or they want the County present -
Metropolitan Dade County, to discuss whatever things they
want to discuss.
Mr. Cozak: I actually am not sure who Mr. Henry wants at the
meeting. I only wanted to make a couple points. One, we
are talking about the development orders for I and II.
Development order I covers the land on the east side of
Biscayne Boulevard. There are two buildings that are
already up there - the Ball Building and the Pavillon Hotel.
My client, Olympia York, has no ownership interest in those
buildings. The rest of the property that is along the Miami.
River is owned by the Miami Center Joint Venture.
Mayor Ferre: Excuse me - but does have an interest in the
property that is supposedly to be sold to Mr. Worth?
Mr. Cozak: Yes. The property he has been talking about is
the Worth property, yes.
Mayor Ferre: So Olympia, just for the purposes of
identification, the so called Worth property, should they
buy it, Olympia York does have an interest in that?
Mr. Cozak: Absolutely.
Mayor Ferre: So, you are tied into this Item Number 12,
which is Miami Center Joint Venture I.
Mr. Cozak: Yes, and as ...
Mayor Ferre: To that extent.
Mr. Cozak: Yes, right.
Mayor Ferre: Okay.
Mr. Plummer: Okay, let me throw some rationale, or try to
make some rationale out of you. If this Commission does not
grant the extension of time - that means that as to Center
II, that issue is dead, and would have to come back as an
entirely new development order, is that correct? And when
it does, as such, you better damn well believe that we are
going to guarantee those traffic things and we are not going
to close the street, and we are not going to give up the air
rights, and the way this is going now, the way I hear from
the Madam.'City Attorney, is that we are not going to be able
to enforce the mandating of the monies for the traffic
bifurcation and for the people mover.
ld 60
March 28, 1985
N
Mayor Ferre: I am not sure!
Mrs. Dougherty: That is Miami Center II.
Mr. Plummer: What?
Mrs. Dougherty: Those are on Miami Center II.
Mr. Plummer: On Miami Center II.
Mrs. Dougherty: Right.
Mr. Plummer: But if this thing does not get renewed - if an
extension of time is not granted, it is going to cost them a
small fortune to redo this redevelopment order and quite
possibly they are not going to be able to sell the property
to this Worth Company.
Mayor Ferre: J. L., there are two things that are very
germane. You see, we are not the final arbiter on that
process, because there is due process and they can go to
court and they have certain rights that courts may or not
uphold. I am not saying which way the courts will rule, but
I think we have got to be careful because ...
Mr. Plummer: I don't think the courts supersedes us,
Maurice, as far as the extension of time or not.
Mayor Ferre: I don't know what the courts will or won't.
What I am saying is, that I think that if we for example,
deny them occupancy, they have a right to go to court and
have that heard in a court of law, so I mean, we have to be
careful. It isn't as we are the final determinates of these
things, because there are others ...
Mr. Plummer: No.
Mayor Ferre: Hold on - there are others. Now, there is a
second point that I want to bring out which is very germane.
This Commission, I think - correct me please, if I am
wrong. - Walter, and to the attorneys, we, this Commission
has agreed to expend - is it $600,000 to have the whole
downtown area ...
Mr. Pierce: $400,000.
Mayor Ferre: $400,000 in the D.R.I., which will include
these three lots, is that correct?
Mr. Pierce: Yes.
Mayor Ferre: Okay now, if we the City go and ask for a
D.R.I. for downtown and get it done here, it can be done,
and the property owners may not agree to any of this.
Mr. Plummer: Maurice, look, all I am saying ..
Mayor Ferre: So I mean, it is not quite that simple. It is
a very complex problem that we have before us.
Mr. Plummer: I understand that, Maurice, but I think where
we are today, as I understand the City Attorney, that we
can't enforce today, unless they build Miami Center II ...
Mrs. Dougherty: Right.
Mr. Plummer: We cannot force the developer to live up to
the obligations expressed before this Commission.
Mrs. Dougherty: Right.
ld
61 March 28, 1985
0
Mr. Plummer: All right, he has indicated that they want to
withdraw the amendment to the application. All right, that
is fine. He can do that. We can't stop him from doing
that. So what we can do, is forever infinitum to guarantee
in a new development order, which we would force him to do
if he doesn't get a granting of an extension of time, that
he has got to come back here and negotiate the whole damn
thing,
and at that time is when we will talk about the bifurcated
ramp and his obligation to pay his or the Worth Company,
whoever might buy it from him. We'll talk about the people
mover. We'll talk about the street that's not going to be
closed. We'll talk about the air rights. We'll talk about
the million dollars for the Bayfront Park Auditorium that
was offered and used for the band shell and we'll talk about
all those subjects in clear and uncertain terms.
Mayor Ferre: J. L., again, remember that Mr. Gould is the
owner along with Olympia York in whatever arrangements they
have now.
Mr. Plummer: Right.
Mayor Ferre: They may not be the owner in six months or a
year or two or three. If that property is sold in parcels.
If lot's two, four, and three are sold to separate owners,
then you are not talking to one person. Ok. So, it's a
very different ball game...
Mr. Plummer: Oh, I fully agree Mr. Mayor.
Mayor Ferre: Let me finish.
Mr. Plummer: That's not the posture I'm worried about.
It's not who we are talking to. It's who's going to talk to
us.
Mayor Ferre: But the point is that when those properties
are sold in separate parcels, then it is very difficult for
us to do the bifurcated ramp, because the only way the
bifurcated ramp can be built is when there is unity of title
if you will between two and four, because the interest of
the property owners in two if they are different from those
in four are totally separate and we may end up with people
saying we have absolutely no interest in giving any land for
i any bifurcated ramp and if you want it take it and go
jthrough a legal proceeding and you are talking about tens of
I millions of dollars which this City or the County or whoever
is involved in this may not have at that time.
Mr. Plummer: But Mr. Mayor, isn't it also to be understood
that if they are sold as separate parcels that they most
likely, almost emphatically would have to come before this
Commission for another DRI and that's where this Commission
says "yes" or "no".
Mayor Ferre: "Yes" and "no", because if those parcels two,
four and five are part of a DRI that the City is making, the
whole DRI process will be determined before we get to that
point and then the property owner of four... Let's say that
the "XYZ" company buys four and pays twenty, thirty million
dollars for the property and buys it. Now, as a new
property owner I come to the Commission and I say, all I
want is a thirty story building there and I don't want to
divide my property with a ramp going through the middle of
it, because it makes no sense for me.
Mr. Plummer: But doesn't he have to do a DRI. Ok. We say
if you don't do it we don't give it to you.
ld 62 March 28, 1985
f 0
Mayor Ferre: But it's not quite that simple because they
may have certain legal rights that we can't prevent them
from using the property. And the point is, suppose they
go... All right, let me give you just a hypothetical.
Suppose they come in with an order. This is unlikely, but
just for argument sake, that does not require them to get a
DRI because it's under... What is the base? Three hundred
thousand square feet? Suppose they come in and say we want
to build a two hundred ninety thousand square foot building
with a small garage and they don't have to go to the DRI.
It's properly zoned. They don't have to go to the DRI.
They can go out and pull a building permit and how are you
going to stop them?
Mr. Plummer: Mr. Pierce, how do you stop them.
Mayor Ferre: Well, Sergio wanted to say something, could
I... I don't want to get between you, but...
Mr. Pierce: I was just going to say Mr. Mayor, that those
three hundred thousand square feet may be the threshold.
There is a caught all in Chapter 380. It's not size alone
that makes a project have to go through the DRI process.
Mayor Ferre: Who determines that Walter?
Mr. Pierce: The South Florida Regional Planning Council.
Mayor Ferre: That's my point.
Mr. Pierce: But it's based on input with City Staff.
Mayor Ferre: But sometimes they don't do what City staff
recommends.
Mr. Pierce: You are right.
Mr. Rodriguez: But if I may also...
Mr. Plummer: Yes, but the way it is now we are not going to
get it because of anything.
Mr. Rodriguez: Mr. Mayor and Commissioners, when we
prepared the DRI for Downtown the impact caused by your
different projects will have to produce the necessary monies
or funds to take care of that impact. So, I mean, there
will be a possibility of getting them enough points ---
besides if the property is larger than two hundred thousand
square feet they will have to go through the major use
permit before the City Commission and the City Commission
could impose some conditions. If it is less than that you
are right.
Mayor Ferre: Sergio, I have now purchased lot four for
twenty-five million dollars cash. I am now the owner of lot
four. I come in and I have now retained Phillip Johnson
Associates best architects orHugh Stubbins or whatever and
we say here is a building project for two hundred ninety
thousand square feet office.... I just want a small office.
I want to build a quality product. I want a small garage.
I will comply with all of the requisites of the City of
Miami. I get through the DRI and I have a right to pull a
permit. Now, the City says for whatever reasons "We are not
going to let you do it". They go to court. Are you going
to tell me that they are not going to win in court?
Mr. Rodriguez: Well, what I'm saying is that before they go
to court they have to get a major use permit before the City
Commission, regardless of the DRI.
ld 63 March 28, 1985
f f
"Z2
Mayor Ferre: And the City Commission denies it. They go to
court and they say "Judge, this is capricious, arbitrary,
confiscatory in nature. If the City of Miami wants to do
this then let them buy my property".
Mr. Plummer: And we tie them up in court for at least five
years.
Mayor Ferre: Fine, and then after that they have won their
case and they build their building and we don't have a ramp.
Mr. Plummer: In five years they won't do it.
Mayor Ferre: Five years later they have...
Mr. Plummer: Maurice, look, let me understand where I'm
coming from. I want that bifurcation. I want that People
Mover Station. I want 3rd Street to be left open. The air
space belongs to the City of Miami. It is legally mine and
I want something done ---whatever it is that the developer
promised to do in return for use of that amphitheater. Now,
that's where I'm coming from. I am understanding that in
Miami Center II that we are not going to get it. All he
wants to do is negotiate. Now, negotiation is over. He has
got what tie wanted as far as that Miami Center I is
concerned with the exception of the condominiums. Now, I'm
saying to you that the only way I know to force the hand...
Obviously, we have loop holes in what we did when we gave
the original DRI, is if that is the case and we can enforce
it, let it run out and then the new man or men, one or
three, some women, developers in total, they will have to
come back in and they will have to go through that DRI
process again, but at least by doing that I am guaranteed
that I'm going to get these items. And I think we are in
the same boat Maurice, that's what we want.
Mayor Ferre: I'm not arguing with you J. L., I'm just
trying... I think we have to on the record go through the
extent, this is a very complex matter and I think we have to
exhaust it here so that we all understand what the issue is.
Now, the thing that I want to understand from the
administration is they want to with regards to the time,
extend this to June. Is that what you said Mr. Summerfield?
Mr. Summerfield: June 1st.
Mayor Ferre: June 1st. Now, what is the administration's
position on that. Is that good or bad for us?
Mr. Pierce: Mr. Mayor, at this point we are looking at it
as though it doesn't hurt us any to go along with that and
we would recommend that extension until that point.
Mayor Ferre: Sergio, I assume that the administration's
position--- I don't want to get both of you arguing on this,
but I assume that that's something that you all agree with?
Mr. Rodriguez: I don't think it hurts us or helps us.
Mayor Ferre: Ok. Now,...
Mr. Plummer: Well, excuse me Mr. Mayor, in fairness...
Mayor Ferre: Hold on. Mr. Manager, we have full concurrence
then from the administration on this issue. Now, from the
legal aspects of it. Is there any legal restraints in our
doing that?
Ms. Dougherty: No, sir, Mr. Mayor.
gl
64 March 28, 1985
Mr. Plummer: May I ask the question in reverse. If Mr.
Pierce, we allow this to run out on--- what is it, April
25th...
Mr. Pierce: Yes, sir.
Mr. Plummer: Are we in a better position?
Mr. Pierce: Not necessarily, so.
Mr. Plummer: Why?
Mr. Pierce: If he wanted to build the same project that he
presently has approved, he would have to go back through the
development order process. That would take a considerable
amount of time.
Mr. Plummer: That's his option.
Mr. Pierce: That's his option, even if after we have done
the Master Plan and DRI for all of Downtown Miami that does
not excuse an individual developer from at least a premptory
review. So, we may or may not have him.
Mayor Ferre: Wait a minute, hold on. Bill, I think
obviously, even though not directly involved Southeast
Financial Center is indirectly affected by all of this and
so I would like to get the advise, not of you personally as
Mr. Colson, but of your client as to what you think we
should do at this juncture.
Mr. Bill Colson: Bill Colson, Concord Bldg, Miami,
representing Southeast bank and Oz. Howell represents Gerald
Hines, same bank building. We are here as observers. We
have no agreement or objection to this and we are just here
to observe. I don't know that that helps you. I will now
try to help you if there is something specific.
F
Mayor Ferre: Ok. So, your position is totally neutral in
this. You don't care whether it goes or doesn't go or stays
or whatever. All right.
Mr. Plummer: His position is neutral because this
Commission has not acted on the request of closing 3rd
Street. This Commission has not acted on the air space
right. This Commission has not enforced at this point the
Bifurcation money or dedication of land and of course, they
are not concerned about the Noguci Park.
Mayor Ferre: They are affected.
Mr. Plummer: So, that's why they are neutral right now. I
will guarantee you let me make a motion to close 3rd Street
which Gould is demanding and I will move him right off of a
neutral position.
Mr. Osmond Howell: Mr. Mayor, I'm Osmond Howell, Southeast
Finance Center representing Gerald Hines and Black Vie
Adventure. I have observed many meetings now and sometimes
J things that are said concerning our motives are accurate and
sometimes they are not entirely accurate. One thing that we
are interested in is being included in all of the processes
that go forth and to be invited to attend meetings so that
we can have input and better understand what the intentions
of parties are.
Mayor Ferre: But see that's what I was trying to get you to
do now, but if you don't want to take the position now and
you say you don't care and you are not affected...
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65 March 28, 1985
6k`
f
Mr. Howell:
that we have
developed.
I don't think that that's the case. I think
a vital concern that the Downtown area is
Mayor Ferre: Precisely. That was my...
Mr. Howell: We are very much in favor of having the area
developed. We are also very much in favor of not being
categorized as obstructionist or opposed to the development
in many of those areas. On the other hand I think we share
your concern that the development should be done in a first
class way so that we all achieve the goals that we are
trying to get and we simply request cooperation for the
developers. We had no knowledge until we appeared that this
motion was going to be raised by the attorneys for 0&Y and
Gould. We spent a good bit of time trying to understand
exactly what our responses would be we are not necessarily
unalterably opposed to any of the proposals and I'm sure
that there is plenty of flexibility and...
Mayor Ferre: Counselor, that's very nice, but that's not
the issue. See the issue is that we now have in Item 12 and
Item 15 a request that the development... They are dropping
their amendment. Now, that of course, you don't care about.
That's doesn't affect you, but with regards to Center II
there are things involved in Center II that affect your
property with regards to the bifurcation and the other
things. Now, I know may be you may not agree with that and
you may just wish it to remain the way it is for the next
ten or twenty years, but I don't think so. It seems to me
that it's in your best interest to see a traffic solution to
Dupont Plaza. I mean, the traffic there is not very good
now and it isn't going to be getting any better and I think
we are trying to find a way. I was trying to hopefully,
induce you to state an opinion, because the question before
us is whether we extend this to June 1st, "yes" or "no".
That's what we are going to vote on in a little while. It
seems to me that it's in everybody's best interest to extend
this to June 1st and I think what Walter said and Sergio and
the Manager have said speak to that point. I just wanted a
little bit of moral backing on that.
Mr. Howell: I have no objection to extending it if there is
a purpose for doing so. We have been going on for months,
months and months trying to bring to a head exactly what Mr.
Gould and 0&Y want. We have had meetings with them. We
have had meetings with you.
Mayor Ferre: But that's been up and down and that's changed
all the time.
Mr. Howell: But we do not own the property. We would give
j you the property for a bifurcated ramp. We...
i
j Mayor Ferre: But see you are affected. You don't own it,
but you are an affected party.
Mr. Howell: Listen, if my next door neighbor does something
that I don't like I have only limited resources available to
make them behave. I can only observe and if things are
proposed that are unreasonable or not in the best interest
of the City of Miami. I can only stand up and object.
Mayor Ferre: there is one issue before us now. That is do
we extend to June the 1st on Center II, "yes" or "no"?
Mr. Ed Hyatt: Mr. Mayor, I am Ed Hyatt, for Gerald Hines's
interest representing joint venture.. I think what Os and
Bill have said is our position all along has been that of a
gl 66
March 28, 1985
constructive participant in the revitalization of Downtown
Miami. That's what brought us here ten years ago.
Southeast Bank made it possible. We are proud to have been
a part of it.
Mayor Ferre: That's not in question.
Mr. Hyatt: In continuance in that spirit of cooperation and
moving towards that goal, we recognize what Mr. Gould and
Olympia York as working toward that same goal. We have
cooperated at the Dupont Plaza Task Force. We have spent
considerable sums of architectural engineering resource time
to help evolve a workable solution to Downtown traffic. We
stand prepared to continue participating in that kind of
process. If the extension of this time to June 1st will
allow continued work toward and acceptable solution of
Downtown traffic, we would be happy to concur.
Mayor Ferre: I don't know that it will or it won't, but I
will tell you what, if we don't extend it then it's all
over.
Mr. Plummer: Well, no excuse me. It's all over as it
relates to this development order.
Mayor Ferre: That's what we are talking about.
Mr. Plummer: Well, but that doesn't preclude that it can't
be revived in another development order.
Mayor Ferre: Yes, but see as I understand it J. L., Olympia
York and Gould have now requested that we extend it until
June 1st. The purpose of that is for Gould and Olympia York
to sit down with the City and the County to discuss whatever
it is that they want to discuss. I don't know what it is
that they want to discuss. If we don't extend it, then the
issue is a dead issue. There is nothing for us to discuss.
Mr. Dawkins: Mr. Mayor, I have to agree with the attorney.
Mr. Gould has been down here. He has been uncooperative.
He has been unreceptive. He has been arrogant. He has been
everything that one could be and if we continue to negotiate
with him in my opinion it's going to be the same thing. Z
for one, and I want to make it clear now, will be voting to
deny the extension and that's just my position.
Mr. Plummer: Mr. Mayor, may I make a motion at this time?
Mayor Ferre: You certainly may.
Mr. Plummer: Since this does not run out until the 25th of
April may I recommend that we defer this item for further
information until the 18th meeting of April. I will make
that in form of a motion.
Mayor Ferre: Is there a second?
Mr. Dawkins: I will second it with the same stipulation
that I will be voting not to extend the whatever it is.
Mr. Carollo: You are seconding it for the purpose of
discussion then?
Mr. Dawkins: Yes.
Mayor Ferre: Well, let me...
Mr. Plummer: It's still seven days before it runs out.
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67
March 28, 1985
f
Mayor Ferre: I don't have any problems with that. My
position is in backing the administration's recommendation,
we have nothing to lose by extending it to June 1st.
Mr. Plummer: We have got nothing to lose by discussing it
again on the 18th.
Mr. Dawkins: We have got nothing to lose by denying it,
because Mr. Gould is going to come in with the same
argument.
Mayor Ferre: There I disagree.
Mr. Dawkins: Ok. Let me rephrase it. I think that we have
nothing to gain. I think Mr. Gould will come in being his
arrogant self and tell us what he is and is going to do and
he has not given up any of the things that he said he was
going to give up in the beginning and in my opinion there is
no way that he is going to change and be anything different.
Mayor Ferre: And my answer to that Commissioner, is that we
cannot decide issues based on who, but what, because it may
not be Gould. It may be somebody else.
Mr. Plummer: Well, Mr. Mayor, I'm glad you brought that up.
Mr. Carollo: I'm glad Maurice, that you are finally
understanding what I was trying to tell you this morning.
Mayor Ferre: About what?
Mr. Carollo: About issues not on who, but on what. That's
what I was trying to say about the Library.
Mr. Plummer: Let's talk to the what, because we know the
who and we know that very well.
Mayor Ferre: You know half of the who, because there is a
new who out.
Mr. Plummer: No, there is not a new who yet.
Mayor Ferre: No, Olympia York is definitely in it.
Mr. Plummer: Ok. But let's talk to the what. The what in
my estimation is the bifurcation which at this particular
point... let's remember a very important point, that if this
developer does not pick up his obligation... you remember
who's obligation it is to pick it up, the City of Miami.
Mayor Ferre: Precisely the point.
r
Mr. Plummer: Which is about as I recall fifteen million
dollars. Ok. The what is the People Mover donation of
about six hundred thousand dollars for a station in that
particular area. The what is 3rd Street. The what is the
air rights and the what is the donation for the
amphitheater. That's the what and that's what we are
speaking to, not the who.
Mayor Ferre: Precisely. And that's why if you give up on
it now, then there is no more discussion and that's dead.
Mr. Plummer: I'm not giving up on it now. I'm deferring it
until the 18th.
Mayor Ferre: There is a motion and a second, is there
further discussion?
UNIDENTIFIED SPEAKER: Mr. Mayor.
gl
68 March 28, 1985
0
Mayor Ferre: Yes, sir.
Mr. Koziak: As I introduced myself before, I'm the local
attorney for Olympia York. Commissioner Dawkins, I
understand what you said. My client has been litigating
with Mr. Gould. I have appeared here several times before
and said Mr. Gould doesn't have authority to speak for us.
Olympia York and Mr. Gould have recently agreed on a few
things. We have agreed to submit an application for
amendments to the development orders. We have agreed to
withdraw those. There has been considerable discussion
about whether those amendments would get through this
Commission and through the South Florida Regional Planning
Council. We have... Olympia York have been trying to talk
with Mr. Gould. We have been trying to find out whether we
are going on the property. Who's going on the property.
You have to understand that that's not resolved right now.
I'm not telling you or you Mr. Plummer, that Olympia York is
going to oppose extensions of the existing development
orders beyond June 1st or beyond April 18th. We are at a
disadvantage. Mr. Gould is the managing partner. He is the
one who talks to the press. We have agreed to do certain
things and we have asked you to please now extend the
existing development orders until June 1st. Mr. Henry, the
man has been here a couple of times. We will be back. We
intend to try to figure out what we can do with Mr. Gould
and with the various people that have been identified. I do
think there are advantages in extend that until June 1st and
I don't think that Olympia York is a who or a what. We are
a very substantial developer and I think that if we go
forward with the development or share in that development,
that you will be proud of the project and all we are asking
is don't throw it out now or on April 25th. We are only
asking for a five week extension.
Mr. Dawkins: Ok. The only thing I have to say to you, sir
is if I were dealing with you, I would have no problem with
it. But the same problem that you have with Gould I have
with him. And if he doesn't sit down and talk to you and
you are trying to do business with him and make money for
him, he is not going to sit down and talk any better with
US.
Mr. Plummer: There is nothing to preclude us on the 18th,
seven days before the order runs out to extend it another
thirty days. We can do that easily.
Mayor Ferre: All right, let's move along one way or the
other.
Mr. Koziak: Let me just respond real quickly if I could Mr.
Plummer. We are involved in litigation in New York and Mr.
Gould is in a bankruptcy here in Miami. That causes a
number of constraints which are beyond just the normal
problems that you might have in dealing with someone. We
can't... if you say on such and such a date we can't do
something and we can't respond quite as quickly and it may
make perfectly good sense for you Commissioner Plummer to
say let's postpone it until the 18th, but a week doesn't
give us much lag time to respond. As Maurice Ferre said the
person who is the most familiar with this project on behalf
of Olympia York is on business or is leaving for business to
go to Europe. He will be back on the 11th. He will come to
Miami. I guarantee you he will work on this, but I don't
think we have the time to get something concrete done by
April 25th. I think there is a... I don't see the down side
of doing it until June 1st. If you do...
Mayor Ferre: It isn't April 25th. It's April 11th.
gl 69 March 28, 1985
0
Mr. Plummer: No, April 18th.
Mayor Ferre: I'm sorry, 18th. I beg your pardon. All
right, so what... we have a motion.
Mr. Carollo: Let me ask you this. Are you representing
Olympia York just in this project or do you represent them
in some of their other properties they have down here?
UNIDEN Sir, I'm only counsel for Olympia York in Miami on
this project. I have worked with them just peripherally and
discussed other projects, but my involvement is only with
Olympia York for the Equity Corporation as a general
partner. I am primarily a bankruptcy lawyer.
Mr. Carollo: Are they still Partners with Mr. Gould on the
other two tracts across the street from the Dupont Hotel or
not.
Mr. Koziak: Oh, yes. In fact that's exactly what we were
talking about.
Mr. Carollo: I know, but what I'm saying is there were some
differences that originally been arrived on the per cent
that each had in there. Are you all still full partners as
originally was explained to us several years back on the two
tracts in the front. I'm not talking about the ones next to
the waterfront. I'm talking about the two as the minute you
cross the bridge over Brickell and you turn in Biscayne
Boulevard. Yes, it would be two. Huh, those two there.
Mr. Plummer: Are you involved in five?
Mr. Pierce: That's Southeast Bank.
Mr. Plummer: I'm sorry. The one below.
Mr. Pierce: That's three
Mr. Plummer: Is Olympia York involved in three? Yes.
(BACKGROUND COMMENT INAUDIBLE)
i
Mr. Plummer: You are in partnerships with them?
Mr. Koziak: It's owned by Miami Center joint venture of
j which Olympia York, Florida Equity Corporation is a fifty
! per cent general partner.
Mayor Ferre: The answer to Commissioner Carollo's question
is "yes".
Mr. Koziak: So, the answer is "yes".
Mr. Carollo: In other words the three tracts that are
painted yellow on the map, you are involved in all those
three tracts together with the blue portion?
Mr. Koziak: And part of the blue part. "yes".
Mr. Carollo: The part of the condominiums that were going
to be built that you are trying to change for the office
building now.
Mr. Koziak: Exactly Vice -Mayor.
Mr. Carollo: Now, what per cent...
Mr. Koziak: Fifty.
gl 70 March 28, 1985
Mr. Carollo: Fifty per cent in all portions.
Mr. Koziak: It's not broken down like seventy per cent of
this, thirty per cent of this. The yellow and a small part
of the blue stripe are owned by an entity called the Miami
Center joint venture. That's who has title to it.
Mayor Ferre: All right, we have a motion that this item be
deferred until April 18th. Are we talking about both twelve
and fifteen?
Mr. Plummer: No, fifteen they have withdrawn.
Mr. Rodriguez: And twelve and thirteen. Twelve they
withdrew.
Mayor Ferre: So, twelve is withdrawn?
Mr. Rodriguez: And thirteen, I think the motion is to
continue.
Mayor Ferre: The motion is to continue Item thirteen until
the 18th. Is that correct?
Mr. Rodriguez: In relation to the time extension only.
Mr. Koziak: Mr. Mayor, we have withdrawn all of the
application for twelve and all of the application for
thirteen..
Mayor Ferre: What is it we are extending?
Mr. Rodriguez: Except that portion of the application which
requested an extension of the original development order.
Mr. Plummer: We can't stop you from withdrawing anything
you want. All right. So, you have withdrawn those portions
and they are dead? Ok.
Mr. Koziak: That's correct.
Mr. Plummer: Now, all we are arguing about now is the
extension of time as to the development, the original
development order without amendments.
Mr. Rodriguez: For Miami Center II only.
Mr. Plummer: For Miami Center II is correct.
Mr. Rodriguez: Continue until April 18th.
Mr. Plummer: That's correct.
Mayor Ferre: Is there any further discussion on the
continuance. Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-341
A MOTION TO CONTINUE THE EXTENSION OF
TIME PORTION ONLY OF THE MIAMI CENTER II
DEVELOPMENT ORDER TO APRIL 18, 1985.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
gl
71 March 28, 1985
0
�i
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Pierce: Mr. Mayor, just for the record may I make one
statement please.
Mayor Ferre: Yes, sir. Please.
Mr. Pierce: In today's Miami News story entitled "Gould to
withdraw request", Mr. Gould cited a lack of cooperation by
government officials and on behalf of the staff of the City
of Miami Planning Department, Public Department, Dade
County's..Public Works Department and the Florida Department
of Transportation, I would like to publicly state that it is
absolutely not true and that we have given Mr. Gould every
benefit of the doubt in our dealings with him.
Mr. Plummer: I'm sure he accepts your explanation.
Mayor Ferre: But there are more governmental entities,
individuals and people than just the City of Miami
Departments that you have mentioned. I think he is talking
about the South Florida Regional Planning Council and
others. All right, we have now voted on this issue.
Mr. Kozyak: Mayor Ferre.
Mayor Ferre: Yes, sir, Mr. Kozyak:
Mr. Kozyak: After the meeting we had in February when the
application matter was continued and deferred and the
suggestion of believe of you, Mayor Ferre, that we try to
get the various groups together to talk about how we could
get this thing through the South Florida Regional Planning
Council. A similar statement was made by Mr. Pierce and I
felt compelled again, to say, please believe me there are
two people here, sometimes Mr. Gould says he owns the
x property, sometimes he says it's owned by the Miami Center
joint venture. Olympia York did not say that the City of
Miami or any other governmental authorities have not been
cooperating with us and I... my client owns half that
property, but I didn't say that neither did my client. And
I said it the last time in front of Mr. Pierce, that I feel
{ that since we have gotten involved and it's more recent than
a long time we have had cooperation. I appreciate that
f
cooperation. I hope we continue to get it.
Mayor Ferre: I Just want it clearly understood my interest
in all of this is that if we don't extend, then there is
' nothing to discuss. You know, if we extend, then we have
something to talk about. Now, whether that something comes
out if I don't know, but at least it's alive.
Mr. Coziak: I don't know either.
Mr. Plummer: So, you don't go away empty handed and whoever
this Mr. Henry is that's in Europe having a great time while
we are here working our...
Mayor Ferre: Vice -President. He is working on Olympia York
projects all over the world.
Mr. Plummer: Ok. That's fine. I don't know Mr. Henry.
Ok. I'm going to tell you that when you come back here on
gl
72 March 28, 1985
the 18th I think you better be prepared to discuss before
this Commission the situation as it relates to the
bifurcation. Is Olympia York willing to go on the hook?
Are you willing to commit Olympia York for their
proportionate share? Are you willing to discuss and to be
prepared to discuss 3rd Street closing or none closing? Are
you going to be prepared to discuss the air right? Because
I think these are all part of the things that if you come
in here and say to this Commission that if Gould doesn't do
it we are going to do. I'm going to vote for you. I'm
going to vote for you. I want you to know that. I'm only
interested in getting those things done and I don't want
this City to be stuck with the tab. That's all I'm
interested in.
Mayor Ferre: I understand your bargaining position J. L.,
but the problem is that we are... that position is at the
very short end of the stick, because Olympia York point of
view and from Gould's point of view, they can say you know,
this is the end of it and we will deal with it in the future
and that isn't fine for us. Now, if they come back and they
say these are our conditions. We don't want the closing of
3rd Street. We will give the bifurcated right -of -away and
we want this and this and this, then I think then there is
something that we might be able to talk about. And for us
to say it's dead and it's the end, then there is no
bargaining position.
Mr. Plummer: Mr. Pierce, how many times have we given an
extension? Isn't this about fourth or fifth time?
Mayor Ferre: But in who's interest is it?
Mr. Plummer: But wait a minute. Mr. Pierce, is this about
the fourth or fifth extension we have given?
Mr. Pierce: Some where in that neighborhood.
Mr. Plummer: Have you heard any conversation that says that
we want an extension and we are willing to talk about those
" items which I have outlined?
Mr. Pierce: No.
Mr. Plummer: Thank you.
Mayor Ferre: In these extensions Mr. Pierce, have you and
the administration recommended an extension?
Mr. Pierce: On all of them Mr. Mayor.
Mayor Ferre: All right, Mr. Pierce, when you recommended
those extension was it because you thought it would be
beneficial to Gould and Olympia York or because you thought
it was beneficial to the City of Miami.
Mr. Pierce: City of Miami.
Mayor Ferre: Thank you.
Mr. Plummer: Agreed.
Mayor Ferre: Ok.
Mr. Plummer: Agreed, but there comes a time when you run
out of extensions.
Mayor Ferre: Yes, but the loser in that is the City of
Miami and that's the point.
i
r,
x
1 gl 73 March 28, 1985
4
Mr. Plummer: Ok. We will fight another day.
Mr. Kozyak: Mr. Plummer, before I go, Mr. Henry will be
here if at all humanly possible. I just... I don't want to
build up something and then not address your questions. You
have to understand or I hope you will understand that we are
in the middle litigation. I don't know if we are going to
own that property. I don't know what's going to happen to
that property. If I did, you know, I think Mr. Henry and I
could make commitments. If we make the commitments we will
live up them, but I don't want to say or go away silent and
say on April 19th or whatever date it was that I'm going to
be able to come here and say we can do this, because we
don't own the property. All right, I just wanted to say
that.
Mr. Plummer You can make the commitment for that which you
own. A percentage.
Mr. Kozyak: It's an undivided one half.
Mr. Plummer: I understand.
Mr. Kozyak: It's probably like the house that most people
own with their wives, you can't make commitments.
Mr. Plummer: Now, you really touched a sore subject.
------------------------------------------------------------
41. SECOND READING ORDINANCE: PORTION OF AMENDMENT "L" ORD.
9500.
Mayor Ferre: All right, we now are on Item #15 which is on
second reading.
Mr. Plummer: We got some serious problems with this one.
Mr. Whipple: This is a portion of Amendment "L" that was
previously before the City Commission and went back through
the Blue Ribbon Committee and is back before you this
evening for the second reading.
Mayor Ferre: All right, are there any objectors that wish
to speak to the Commission on this?
Mr. Plummer: What about a deferral?
Mr. Perez: I would like to move.
Mayor Ferre: Is there anybody who wishes to speak to the
Commission on Item 15. If not, is there a motion?
Mr. Perez: Move.
Mayor Ferre: It's been moved is there a second?
Mr. Plummer: I second, of course.
Mayor
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74 March 28, 1985
0
Ferre: Is there further discussion on Item 15? Read the
ordinance. All right, call the roll please.
ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 95009 THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING THE OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS: PAGE 4, CR
(COMMERCIAL RESIDENTIAL) DISTRICTS UNDER
TRANSITIONAL USES, STRUCTURES AND
REQUIREMENTS, AND PAGE R, CG-1 (GENERAL
COMMERCIAL) DISTRICTS UNDER TRANSITIONAL
USES, STRUCTURES, AND REQUIREMENTS, BY
ESTABLISHING A TRANSITIONAL USE AREA AND
MINIMUM LANDSCAPE AREA REQUIREMENTS;
PAGE 5, CDB-1 (CENTRAL BUSINESS)
DISTRICT, UNDER PRINCIPAL USES AND
STRUCTURES, PERMISSIBLE ONLY BY SPECIAL
PERMIT, BY ESTABLISHING ISSUANCE AND
REVOCATION DATES FOR INTERIM PARKING LOT
CLASS B SPECIAL PERMITS, AND SUBJECTING
SUCH LOTS TO THE CITY OF MIAMI GUIDES
AND STANDARD FOR OFF-STREET PARKING
FACILITIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of
February 28, 1985, was taken up for its second and final
reading by title and adoption. On motion of Commissioner
Perez, seconded by Commissioner Plummer, the Ordinance was
thereupon given its second and final reading by title and
passed and adopted by the following vote-
AYES: Commissioner
Commissioner
Mayor Maurice
NOES: None.
J. L. Plummer, Jr.
Demetrio J. Perez, Jr.
A. Ferre
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9976.
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.
42. ANNOUNCEMENT: SUPREME COURT UPHOLDS VALIDITY OF USE OF
DOCUMENTARY TAX FUNDS FOR HOUSING.
Mayor Ferre: All right, I would like to announce that the
Supreme Court of the State of Florida has today upheld the
validity of the Doe Stamps Tax for housing and Mr. Fine, to
you and to you associates and to the many people who have
worked diligently for this very very very important matter,
our sincere congratulations and thanks for another major
achievement that this community has thanks to your efforts
reached. A lot of people I know, but there aways has to be
a helmsman and you have been the helmsman on this and to
your our very sincere thanks, our gratitude and recognition
of the wonderful service you rendered to this community.
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75 March 28, 1985
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43. FIRST READING ORDINANCE; CHANGE ZONING CLASSIFICATION
3898 N. V. 7 STREET FROM: RG-2/4 TO CR-2/7.
Mayor Ferre: We now are on Item #4. Mr. Traurig, are you
ready to present?
Mr. Plummer: Are there any objectors here on this item?
Are there any objectors on Item 4?
Mr. Whipple: A brief statement from staff, is that the
request is a continuation of the change of zoning which the
City Commission handled to the West changing this short
pocket of RG zoning in this area at Northwest 7th Street.
At the time that the block to the West came in there was an
attempt to include this block, but the whole block wasn't in
favor of it. Those people that were in favor of it have
brought in their own petition.
Mayor Ferre: All right, is there a motion on Item 4?
Mr. Plummer: Oh, no, no, I would like to hear from Mr.
Traurig.
Mr. Robert Traurig: Mr. Mayor and members of the
Commission, we concur fully with the Planning Department.
This property is in the block in between the existing CR-
2/7and the CG-1/7 of the Flagler Dog Track. It is totally
surrounded by commercial except for the three lots
immediately to the East and we think that the Planning
Department's recommendation is on all fours.
Mr. Plummer: I'm well aware of that Mr. Traurig. Mr.
Rosencrantz, what were you telling me about the need in the
parks. Excuse me, I have... was there playground equipment.
Mr. Rosencrantz: A little equipment would surely help.
Mr. Plummer: I'm sorry, Mr. Traurig, I didn't mean to
interrupt you, sir.
Mr. Traurig: I finished Commissioner Plummer.
Mr. Plummer: Hey, you might be quicker than you think.
Mr. Traurig: And we have prepared on other applications to
deal with that subject of playground equipment.
Mr. Plummer: No, kidding. And about how much equipment
would you like to give for the City equipment? We will let
you designate the park as long as it is in Culmer or
Overtown.
Mr. Traurig: Not having anticipated the request by the
Commissioner, I haven't had an opportunity to discuss this
matter with anybody. It would appear to me that this is
such a small parcel recommended by staff, recommended
unanimously by the Zoning Board in an area which is totally
commercial that this doesn't fall within the general rule
that playground equipment and park improvements ought to be
considered and we would ask you to pass this in accordance
with the recommendations of your staff.
Mr. Plummer: Mr. Mayor, I think I need to go out and see
this parcel. I would ask for consideration of the
Commission to defer this until I have had the opportunity to
go look at it.
gl 76 March 28, 1985
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Mayor Ferre: There is a request for deferral.
Mr. Traurig: Mr. Plummer, I would under normal
circumstances encourage you to visit the site or encourage
Mr. Deloaga my client to exceed to the request. This really
being such an inocuous matter, I don't think that it's....
Mr. Plummer: Well, Bob, look we are not kidding each other.
Mr. Traurig: ... the kind of parcel to be seen.
Mr. Plummer: I understand. We are not kidding each other.
Ok. Your client is entitled to what he paid and what he
bought at the time that he paid his could hard earned cash.
He is not entitled to any more. It is only in this
Commission's wisdom as to whether or not we are going to
increase or double the value of his property. Now, you
know, there ought to be a provision in zoning that we when
we increase a zoning, that it should be that the taxpayers
and the general fund should receive "X" number of dollars,
because it's not right that that goes into a developer or an
owners property. He has no right to expect any more than
what he paid for. You know that and I know that. Now, all
I'm saying to you is that is not the procedure of today in
anyway, shape or form. His property value will double and
I'm not arguing with you at all. Mr. Traurig, I move for a
deferral. I will go look at the property and may be I will
agree with you at the next hearing.
Mr. Traurig: Commissioner, there are two things that I
would call to your attention. Number one, that this
Commission unanimously approved the zoning immediately to
the West within this past twelve months to CR-2/7.
Mr. Plummer: Yes, sir.
Mr. Traurig: And number two, this is only a matter of first
reading and it might give you an opportunity between first
and second reading to determine whether or not this parcel
justifies the support of the Commission.
Mr. Plummer: Mr. Traurig, ok, I have no problem with that
and I will go along with it. My other concern and let me
put it on the record, Mr. Whipple, is the concern that we
have not finished it off to the Dog Track. Ok. Now, you
are saying to me that the property owner... I assume what
you are saying to me, the property owners of lots one, two
and three don't want their property rezoned at this
particular time, which obviously, is to keep their taxes
down because the value will go up at least double.
Mr. Whipple: That's what's been indicated to us, yes, sir.
Mr. Plummer: Ok. And I understand that, but I have got to
take and equate in my mind as to whether or not I feel it is
Justified to do this one now without doing the other one.
As you know when we did it across the street we completed a
block. There is a lot of difference between completing a
block and a half a block. Ok, because let's remember that
those people on lot three do enjoy some transitional use.
Mr. Whipple: Yes, sir.
Mr. Plummer: Ok. So, I want you to come back and to
Justify to this Commission when we come back on the 18th as
to why you will not recommend that the other be also
included.
Mr. Whipple: We would recommend... if they applied we would
recommend that the change of zoning be approved. If we were
gl 77 March 28, 1985
4
to initiate it then we are initiating a change of zoning for
a individual property owner perhaps which we don't think is
appropriate. If we were doing it on an area wide that's
something else.
Mr. Plummer: I have no truck with that. I'm just saying
should we do this one, if we are not doing the other one and
I concur with the other owner who doesn't want to. May be
the time to do it is both at the same time is what I'm
saying.
Mr. Traurig: Well, may I encourage then that you do pass
this on first reading and that we...
Mr. Plummer: I will be happy to. I move it. And I will be
able to inspect the property between now and the second
hearing.
Mr. Dawkins: Second.
Mr. Plummer: Read the ordinance.
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 3898 NORTHWEST 7TH STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG-2/4 GENERAL
RESIDENTIAL (COMMUNITY) MAKING FINDINGS;
AND BY MAKING ALL THE NECESSARY CHANGES
ON PAGE NO. 32 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 Dawkins and was passed on its first reading by
title 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.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
Mayor Ferre: Just for the record, because I... and please
don't misunderstand. I'm not quarreling with anybody. I'm
just trying to make sure we understand. I want the record
to reflect that the Commission, I think, clearly understands
that when we change the zoning of a property from one
classification to the other, it is because it is beneficial
to the well being of the totality and that we realize that
even though the value of the property increases by so doing,
the value also will eventually increase because even though
zoning and land values are not tied supposedly in theory, in
practice usually values go up and then taxes increase based
on the increased value and we are well aware of that. I
gl 78 March 28, 1985
just want the record to reflect that there is a clear
recognition of that. I'm not worried about you, Bob. I'm
worried about anybody else misinterpreting.
Mr. Plummer: I echo those sentiments exactly.
------------------------------------------------------------
44. DENY REQUEST OF PLANNING DEPARTMENT FOR APPLICATION OF
HC-I TO "OLD POST OFFICE" - 100 N. E. 1 AVENUE.
------------------------------------------------------------
Mayor Ferre: All right, we are now on Item #6.
Mr. Plummer: Which is also his item.
Mayor Ferre: All right, Mr. Traurig, this is your item too.
Ms. Sarah Eaton: Mr. Mayor and members of the Commission, as
we have demonstrated in the designation report that you have
in your packet. The old U. S. Post Office is unquestionably
one of Miami's most important historical buildings and it
meets three of the criteria for designation. It's age,
architectural design and role in the history of government
and banking in the City have contributed to its wide spread
recognition as a local landmark . The owners also agree
that the building is historic. The issue is that the owners
will support the designation only if we restrict designation
to the two facades and exclude the air rights from the
boundaries. In other words, the owners want to be able to
do whatever they wish on top of the building, including
constructing a new tower without review by the Heritage
Conservation Board. The owners initially agreed to support
the designation and proffer a covenant not to demolish the
historic building if we excluded the air rights. The owners
however, changed their mind. The covenant they have
proffered says they will support the designation of two
facades only. The air rights and the remainder of the
building would be excluded from the designation. The
covenant that they have profferred is not acceptable because
it sets a dangerous precedent. The Heritage Conservation
Board would be denied its review authority as established in
the Heritage Conservation Ordinance. Such a precedent would
certainly lead others to ask for similar considerations.
Despite what the owners claim a tower would have a major
visual impact on the historic building. This impact
however, could be handled sensitively, but only through the
use of setback. I would like to demonstrate what a new
tower could do to the historic building. I think as you see
before you is the building as it exist today. This
represents a multi -story tower that could be constructed
over the existing building. This building or the new tower
is design with setbacks approximately possibly ten or
fifteen feet from the facade of the building. This might
read as a building on adjacent lots and it possibly could be
approved by the Heritage Conservation Board. This is what
could be allowed with no setbacks whatsoever and this is
what the owners would be able to do with the covenant that
they have proffered. The owners claim that the size of the
lot is too small to provide for setbacks. We would argue
that the lot is too small to economically justify a tower at
all and that no developer would build here without acquiring
adjacent property, thus, making setbacks entirely feasible.
If the Commission supports the owners request the City would
get absolutely nothing in exchange for giving up its rights
and responsibilities under the ordinance. A designation
that lacks the means of review alterations and additions
defeats the purpose of a preservation ordinance. The
preservation community feel very strongly about this issue
gl
79 March 28, 1985
14 1
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and would show up in full force to support the position of
the Heritage Conservation Board and the Planning
Department. I did not encourage them to do this today in
the interest of time. A letter from the State Historic
Preservation Office, however, supporting our position and
encouraging you not to set a dangerous precedent as proposed
by the owners is in your packet. Designation as we have
proposed would in no way preclude the construction of a
tower over the building. Designation as proposed would only
guarantee that the design of a tower be reviewed by the
Heritage Conservation Board to assure its compatibility with
the historic building. Thank you.
Mayor Ferre: All right, let's hear from the other side.
Ms. Debbie Malinsky: For the record my name is Debbie
Malinsky. I'm an attorney with offices at 1401 Brickell
Avenue. I represent the owners of the old post office
building and I'm here today as Sarah has indicated to object
to the designation which as been proposed.
Mr. Plummer: May I ask you a question please. Who are the
people of Briginvest N. V.? I don't have it in my packet.
Ms. Malinsky: Briginvest is a Netherlands Antilles
Corporation.
Mr. Plummer: I understand, but who are the principals?
Ms. Malinsky: The principals are European investors.
Mr. Plummer: Excuse me.
Ms. Malinsky: European investors.
Mr. Plummer: That's not sufficient. Our ordinance calls
for the naming of the people who are the investors. Excuse
me, is this a Planning Department initiated...
Ms. Malinsky:
Mr. Plummer:
Yes.
Oh, I'm sorry. We know who those devils are.
Ms. Malinsky: As Sarah as indicated when we became aware of
the designation we considered what the consequences of such
a designation would be to a site such as this, which is
rather unique. The structure itself is only roughly sixty-
five by a hundred feet in its dimensions. So, that we have
got a relatively small building which is the sole ownership
by Briginvest. Adjoining it which looks somewhat like an
extension of it is ---Sarah, I don't have that picture with
me ---but it an expansion that sort of L's around the forty-
eight expansion. So that the character of the original
building has already been somewhat altered by adjoining
structures, that limitation though of the surrounding
property limits any future expansion of this three story
building in a prime location in Downtown Miami, but for the
HC designation which is proposed the CBD-1 zoning
classification which could permit the tower that has... as
tower as has been described, multiple floors. The only way
to go in expanding the use of this building would be up.
That expansion, although, the present owners do not have any
plans, that expansion may become feasible, in fact,
necessary depending upon the economic currents in the coming
years. Again, prime piece of real estate in Downtown Miami.
An HC zoning district would be a restriction upon the future
expansion based not on specific prohibitions against the
expansion, but in the way in which this ordinance is
implemented and the serious design constraints we can
anticipate in trying to make economically feasible use of
gl 80 March 28, 1985
f
14 1
this building. The proposal that we have made is that the
designation be restricted to the South and East facades and
that the air rights and the roof be excluded from the
Heritage Conservation District, so that when plans did come
in for ---it and when ---for an expansion the owners would
enjoy the same rights to develop in a CBD-1 district enjoyed
by the neighboring land owners. The major concern that
seems to be indicated by the Planning Department is that if
someone is walking towards the old post office building they
are going to see this tower looming above and that's going
to interfere with the historic character. Well, allow me to
show you some photos. We did a series of photographs taken
from locations that one would be approaching the post office
building from various locations. This picture you would be
walking up the street going in a northwesterly direction and
would be at the corner of Northeast 1st Street and Northeast
1st Avenue. As you can see even at such a distance, the
corner of Northeast 1st Street and the Avenue and excuse me,
that would be the Southeast corner. So, we are across the
street. This is all you see. You don't even see the
roof.. From another perspective we are now looking
Southwest. We are midway, we are standing midway between
Northeast 1st Street and Northwest 2nd Street on the East
side of Northeast 1st Avenue. So, we are now up to the
right there looking down at the building and again, here is
the structure. That's the extent of what you would see.
Now, these pictures were taken with a photographic angle
that a human eye sees. Not tilting up, but someone walking
down the street. They still enjoy the elements that Sarah
has indicated to have this architectural value. And now
from the farthest we are looking Northeast and I'm on the
south side of Northeast 1st Street between Miami Avenue and
Northeast 1st Avenue. So, we are down at the bottom looking
across and again, you see the lower portion of the roof, but
the tower is not seen. The architectural features that,
again, was identified as so critical are not affected. The
designation limited to the boundaries of the South and East
facades preserves that which the Planning Department has
identified as valuable. But it also gives this developer
the opportunity... I'm sorry, owner, he is not developing at
this point, the opportunity if necessary to make economical
use of his building as would any other land owner in the
Downtown Miami area and not have to be concerned with the
critical type of review that the Heritage Conservation Board
has indicated at various times. Again, dealing with a small
lot when you start going up we have to put elevators,
bathrooms on each floor, the amount of leasable space is
going to be limited by those factors. If you get involved
again in these setback questions and it has become glaringly
apparent to the owner that the setbacks are going to be a
reality if and when they decide to expand. The rezoning to
an HC-1 overlay and the Heritage Conservation district
i designation is actually contrary as applied to this
particular site. Contrary to the City of Miami
Comprehensive Plan. The Comprehensive Plan focuses upon
intensive development in the Downtown area. This would
effectively preclude the type of development in Downtown
that Uie Comprehensive Plan was designed and drafted to
promote. It also is contrary to established land use
patterns in the Downtown area, because again, you are
talking about intensive not necessarily limited. In
perpetuity to a three story structure. Toward that end we
ask you to do one of two things. Either deny the
designation entirely or designate only the South and East
facades and exclude from the designation the air rights, the
roof and the eaves.Thank you.
Mayor Ferre: All right, are there any... Oh, I'm sorry
counselor go right ahead.
gl 81 March 28, 1985
14 1
t
Mr. Traurig: I would just like to add a different
perspective and to say the same thing which Debbie had said
and which I think Sarah has said and that is that we really
are being cooperative with the Planning Department. They
would like to have this property designated and we said
"yes" we will permit the property to be designated, but give
us the same rights to develop in the air space that
everybody else has. And that therefore, you will be able to
preserve the existing appears of the building which is not
the original appear. It has been changed. When
Amerifirst... when First Federal acquired this from the post
office they changed the exterior of the building. We are
saying well leave it the way it is right now, just give us
the right to develop and they are saying "no" we want you to
have to go through this process before you put anything in
the air space and we think that that's a bit unfair. And I
think that this Commission has very often made it clear that
when property owners have that kind of a severe objection to
the designation of their property this Commission will
support the property owner. Thank you.
Mayor Ferre: All right, are there any questions of either
Ms. Eaton or Ms. Malinsky? Are there any questions? All
right, are there any statements at this time?
Mr. Plummer: Where is there another historical site in that
general area?
Ms. Eaton: There are no individually significant sites in
that immediate block. The closest one that I can think of
is Jesu Church which is one block to the North on 1st
Avenue. There are groupings of historic buildings which
possibly at some point would qualify for a historic
district, but individually this would be the major building.
Mr. Carollo: Can I ask you something that is not related to
this, but I'm just curious and you seem to have a good grasp
for historic buildings. What would need to be done in your
opinion and would it qualify for the Miami Library building
to be classified as an historic building?
f
1
Ms. Eaton: It would need to about fifteen years older.
Mr. Plummer: You don't understand very well.
f
Mayor Ferre: Ok. Any questions? Anything else. Is there
a motion? What is the will of this Commission?
1
Mr. Plummer: Well, Mr. Mayor, I would say to you that the
change suggested is out of scale with the needs of the
neighborhood or the City and as such I would move to deny
the request.
Mayor Ferre: There is a motion on the floor, is there a
i
second?
Mr. Carollo: I second that motion Mr. Mayor.
`1
Mayor Ferre: Ok. Is there any further discussion? All
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gl 82 March 28, 1985
N
right, call the roll.
The following motion was introduced by
Commissioner Plummer, who moved its adoption:
MOTION NO. 85-342
A MOTION TO DENY A PROPOSED FIRST
READING ORDINANCE INITIATED BY THE
PLANNING DEPARTMENT WHICH WOULD HAVE
APPLIED THE SECTION 1610 HC-1 GENERAL
USE HERITAGE CONSERVATION OVERLAY
DISTRICT TO THE OLD U. S. POST OFFICE
AND COURTHOUSE AT 100 N. E. 1 AVE.
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
NOES: Mayor Maurice A. Ferre
ABSENT: None.
------------------------------------------------------------
45. STREET CLOSURE: PORTION OF S. W. MIAMI AVENUE ROAD.
Mayor Ferre: We are now on Item #9.
Mr. Plummer: Mr. Mayor, this was deferred at your request
to see...
Mayor Ferre: May I see it?
Mr. Whipple: Yes, sir.
(BACKGROUND COMMENTS INAUDIBLE)
Mayor Ferre: I'm ready to vote. Is there a motion on Item
9?
Mr. Dawkins: Move.
Mayor Ferre: Moved by Dawkins, is there a second?
Mr. Carollo: Second.
Mr. Plummer: Is the owner present?
Mayor Ferre: He has been here all day.
Mr. Plummer: Do you have anything to say, sir?
Mr. Tom Hooker: I'm Tom Hooker, 4115 Laguna Street. I am
the purchaser of the property and I also have the power of
attorney for Mr. Laws, Langton Laws to make commitments and
address the Commission.
Mr. Plummer: Did you want to do such, sir?
Mr. Hooker: Yes, sir.
Mr. Plummer: Oh, I'm sorry. I didn't want to interrupt
you.
41 4
Mr. Hooker: I just wanted to qualify who I was, the
position I'm in and the fact that I have a power of attorney
that's in the hands of the City of Miami.
Mr. Plummer: Yes, sir.
Mr. Hooker: We are in the process as you may or may not be
aware of replatting the property and making improvements on
that property. We have been talking with the City Planning
Department and specifically have plans to talk further with
that City Planning Department in making specific
recommendations and commitments rather to how we might help
the City in beautifying its riverfront and we are discussing
with them specific plans on making those commitments and
backing them up.
Mayor Ferre: Let me ask you. What are you planning to do
on that property?
Mr. Hooker: Build a small office building.
Mayor Ferre: (COMMENT INAUDIBLE).
Mr. Plummer: No, not on just that strip. That's only five
hundred fifty square feet.
Mr. Hooker: The rest of our plans are still in the
formative stage.
Mayor Ferre: Well, let me understand. What is the property
that you own? Just the piece in blue?
Mr. Hooker: To the contrary. We do not own that parcel.
That parcel is owned by Mr. Laws. We are buying one part of
that.
Mayor Ferre: Oh, I see. Ok. Now,... they own number
three. And how big is that piece?
Mr. Hooker: It's very very small. I don't recall the
square footage off hand.
Mayor Ferre: And you are going to build an office building
on that?
Mr. Hooker: Just for our practice.
Mayor Ferre: Oh, I see.
Mr. Plummer: On that little triangle?
Mr. Hooker: It's a lovely parcel.
Mayor Ferre: It's a great location, but can you really...
what are the dimension, I mean, I'm going to vote for you.
I'm just curious to see what you are...
Mr. Hooker: The dimension are... I'm sorry, let me get...
Mayor Ferre: Just roughly I'm not. This is just curiosity
more than anything else.
Mr. Hooker: The dimensions of our property are forty -eighty
between the street, that's South Miami Avenue Road, I should
say and the river, forty-eight feet and then the frontage
would be seventy-eight feet on the road Miami Avenue Road
and on the River, we do not have a specific dimension, but I
would guess that it's approximately a hundred ten feet.
Mt_x
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84 March 28, 1985
A I
Mayor Ferre: All right, and this in no way blocks the
street, is that correct?
Mr. Hooker: It blocks the street.
Mayor Ferre: It does not block the street.
Mr. Hooker: No, sir.
Mayor Ferre: Ok. Fine, we have a motion.
Mr. Plummer: Yes, but let me ask you. You say you are
going to make some definite commitments. You know, you are
acquiring fee title to property and could ask you to
delineate your commitment a little bit more clearer to me
please?
Mr. Hooker: Let me state that the City Planning Department
is very much aware of our plans for the entire area. The
other property owners are, indeed, aware of our plans since
we have talked with all of them and have in fact in all but
one case gained their support of the endeavors that we have
and most importantly perhaps to... in that regard... let me
back up... in that regard since they are not concluded I
would prefer if you will not to make those public at this
time. However, as far as any...
Mr. Plummer: Well, let me ask Mr... Mr. Whipple do you feel
comfortable with that? I'm not going to pursue it unless
you are not comfortable.
Mr. Whipple: Yes, sir, in that we have indicated that we
are in this river beautification area and we thought there
might be an opportunity as it is located on the river that
one of these areas could be utilized.
Mr. Plummer: You feel comfortable?
Mr. Whipple: Yes, sir. The plat still has to come back
before this committee or this body.
Mr. Plummer: I move Item 9.
Mr. Dawkins: I second it. That's it.
Mr. Plummer: Joe, I have moved Item 9 and Miller has
seconded.
Mr. Carollo: Ok. There is a motion and there is second.
Hearing no further discussion, can you call the roll Mr.
Clerk.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
gl
RESOLUTION NO. 85-343
A RESOLUTION CLOSING, VACATING, ABANDONING
AND DISCONTINUING THE PUBLIC USE OF THAT
PORTION OF SOUTHWEST MIAMI AVENUE ROAD
LOCATED WEST OF THE WEST RIGHT-OF-WAY LINE
OF SOUTH MIAMI AVENUE AND NORTH OF THE NEW
ROAD ALIGNMENT FOR SOUTHWEST MIAMI AVENUE
ROAD; ALL AS A CONDITION OF APPROVAL OF
TENTATIVE PLAT #1248 "HOOKER AND SISKIND
SUBDIVISION".
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
85 March 28, 1985
Upon being seconded by Commissioner Carollo, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
46. FIRST READING ORDINANCE: AMEND SPI-17 SOUTH BAYSHORE
OVERLAY DISTRICT 15172.2.1 PARKING - BONUSES ETC.
Mayor Ferre: We are now on Item 16. The Planning
Department recommends approval of minimum threshold of
seventy-five spaces maintaining applicable distances. I'm
sorry why don't you explain what the department recommends.
Mr. Luft: Yes, sir. My name is Jack Luft. I'm with the
City Planning Department. On January 10th this Commission
adopted the SPI-17 overlay zone for Bayshore Drive. As a
part of that district you approved a bonus provision that
increased floor area ratio provided developers made
available to the general public excess parking spaces within
their private parking garages. There were some criteria and
standards set so that we could assure that those spaces were
usable and accessible to the public. Number one, we
required that there be at least a hundred spaces in excess
of the normal parking requirements. That's the top line
that you see there. The second requirement was that those
spaces be within six hundred feet of a major activity center
in Dinner Key such as a specialty center or a performing
arts hall or an exhibition center and the third requirement
was that those specialty centers meet the definition of the
Dinner Key Master Plan. This Commission directed us to
consider at it's last meeting adjustments or amendments to
that ordinance. We have done so. We have reported back to
the Planning Advisory Board with our recommendations and we
are back before you with our final proposed amendments. It
is our recommendation that the six hundred foot requirement
be maintained, that the definition of the activity centers
be maintained, but that we include Downtown Coconut Grove as
area of parking need and if you are within six hundred feet
of the Downtown Coconut Grove area that you would qualify
for consideration of a bonus and the third item which was of
concern to this Commission was reducing the threshold from
one hundred to some number. We are recommending to you that
that number be reduced to seventy-five.
Mr. Plummer: Do you recommend this?
Mr. Luft: We are recommending the second line, the middle
line across as an amendment to this ordinance.
Mr. Plummer: Mr. Fine, do you have a different opinion?
Mr. Martin Fine: For the record, my...
Mr. Plummer: What are we arguing about?
Mr. Fine: I'm not arguing. I'm just trying to give you my
name. Martin Fine, 2401 Douglas Road. We are in accordance
with the recommendation of the Planning Department.
March 28, 1985
Mr. Plummer: I move it.
Mayor Ferre: Well, hold it. Is there anybody here in
opposition. Anybody wish to speak to this item. Anybody
have any divergent opinion? You have a divergent opinion.
Stand up. Yes, sir. You disagree? Please.
Mr. Ron Cold: My name is Ron Cold. I live at 2542 Lincoln
Avenue and I support the position of the Planning Advisory
Board.
Mayor Ferre: Who do you represent in this Mr. Cold?
Mr. Cold: Tonight I'm representing myself. I am the Vice -
President of the Tigertail Association.
Mayor Ferre: I see. All right. You are therefore, in
accord with the Planning Department's recommendation.
Mr. Cold: The Planning Advisory Board's recommendation.
Mr. Plummer: What was their recommendation? A hundred and
six hundred.
s Mr. Cold: If I read it correctly.
s
Mayor Ferre: No, seventy-five.
Mr. Cold: Denial of changing the applicable distance from
six hundred to nine hundred.
Mr. Plummer: Oh. Ok.
I
Mr. Cold: And denial of reducing the minimum threshold from
one hundred to seventy-five.
Mayor Ferre: So, you are opposed to what Jack has just
recommended?
Mr. Cold: In part, yes. I think there is a slight
`+ difference between--- is that correct Jack--- between the
Planning Department recommends and what the Planning
I Advisory Board...
Mr. Luft: That's right. The would prefer we would keep it
at one hundred rather than seventy-five.
Mr. Fine: Mr. Mayor, just to keep the record straight. We
are in accordance with the Planning Department's
recommendation. Not the Planning Advisory Board that it be
reduced to seventy-five.
Mr. Luft: Mr. Mayor, the Law Department has asked me to
read into the record the subsections so that we can be clear
about what we are amending. That Subsection 15172.2.1,
Paragraph "A" to reduce the threshold from one hundred to
seventy-five spaces. Subsection 15172.2.1: Publicly
accessible parking. Paragraph "C" to maintain the distance
at six hundred feet. Not to increase it. And Subsection
15172.2.1: Paragraphs "A" and "C" to qualify as a major
activity center the Coconut Grove Village Center SPI-2
zoning districts. Those are the precise sections we are
recommending for consideration.
Mayor Ferre: All right, any... Could we get a third
Commissioner in here. All right, there is a motion by
Commissioner Plummer.
Mr. Dawkins: Second.
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87 March 28, 1985
It I
Mayor Ferre: It's been moved and seconded, the position as
presented by Mr. Luft to the Administration be upheld in
this ordinance. Is there further discussion. All right,
read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 95009 THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SECTION 15170 ENTITLED "SPI-17:
SOUTH BAYSHORE DRIVE OVERLAY DISTRICT,:
BY CLARIFYING LANGUAGE IN RELATED
SECTION 15171 ENTITLED "INTENT," TO
INCLUDE THE COCONUT GROVE VILLAGE
CENTER; FURTHER, BY AMENDING SUBSECTION
15172.2.1 ENTITLED "PUBLICLY ACCESSIBLE
PARKING," BY REDUCING THE MINIMUM
THRESHOLD OF REQUIRED PARKING SPACES
NECESSARY FOR THE FLOOR AREA RATIO
BONUS, AND INCLUDING THE COCONUT GROVE
VILLAGE CENTER AS A DESIGNATED MAJOR
PUBLIC ACTIVITY CENTER; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and passed on its first reading by
title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
47. FIRST READING ORDINANCE: AMENDMENT "N" SECTION 2003.7.3
TRAVEL AGENCIES
Mayor Ferre: We are now on Item 17. This Planning
Department amendment "N".
Mr. Whipple: Amendment "N" Mr. Mayor, was requested by the
City Commission to allow travel agencies as a special
exception and the RG district which was the subject matter
of discussion pursuant to a Grove Isle project.
Mr. Plummer: Do you recommend it?
Mayor Ferre: Is there anybody here who wishes to speak on
this ordinance on first reading?
Mr. Whipple: Yes, sir.
Mr. Plummer: Is there anyone in objection?
Mayor Ferre: Are there any objectors or people who wish to
be heard on Item 17?
gl 88 March 28, 1985
14 1
Mr. Plummer: I move Item 17.
Mayor Ferre: As recommended.
Mr. Plummer: As recommended.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion. All right, it's been
moved and seconded, read the ordinance. All right, call the
roll please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE N. 95009 THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING SUBSECTION 2003.7.2 ENTITLED
"MAXIMUM FLOOR AREA PERMITTED IN
ACCESSORY CONVENIENT ESTABLISHMENT," BY
ABOLISHING THE TEN PERCENT (10%) BONUS
IN RG-2.2 RG-39 RO-39 AND RO-4
DISTRICTS; SUBSECTION 2003.7.3 ENTITLED
"ACCESSORY CONVENIENT ESTABLISHMENTS,
USES PERMITTED," BY AUTHORIZING TRAVEL
AGENCIES AS A PERMISSIBLE ACCESSORY
CONVENIENCE ESTABLISHMENT IN CERTAIN
HOTELS IN THE RG-2.29 RG-39 RO-3 AND 0-I
DISTRICTS SUBJECT TO SPECIAL EXCEPTION
APPROVAL; FURTHER, AMENDING PAGE 3 OF
THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS UNDER "USES AND STRUCTURES,"
s" TO PROVIDE THAT ACCESSORY CONVENIENCE
ESTABLISHMENTS ARE PERMISSIBLE IN RO-39
RO-49 AND 0-I DISTRICTS SUBJECT TO
3 REQUIREMENTS AND LIMITATIONS OF SECTION
2003.7 OF THE ZONING TEXT; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Dawkins and passed on its first reading by
title by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
The City Attorney read the ordinance into the public
record and stated that copies had been furnished to the City
Commission and that copies were available to the public.
48. FIRST READING ORDINANCE: AMEND SCHEDULE OF DISTRICT
REGULATIONS RG-2-3 GENERAL RESIDENTIAL -TRANSIT DISTRICT.
Mayor Ferre: We are now on Item #18 which is on first
reading, Planning Department. Ordinance 9500 text
amendment. Go ahead.
gl
89 March 28, 1985
14 1
Mr. Luft: This is a district that is located adjacent to
some transit stations in the City of Miami. The Master Plan
adopted by this Commission for those station areas
recommended that these districts include local retail
services. This ordinance would amend the existing code to
allow for ground level location retail services, mixed use
district adjacent to these transit stations for the
convenience of the patrons and the residents of the area.
This is otherwise a purely residential district.
Mayor Ferre: Are you recommending this?
Mr. Luft: We are recommending in favor of this. It would
also reduce the parking requirements for those commercial
establishments provided their were below a certain size.
Mayor Ferre: And the Planning Advisory Board voted for it
seven to zero?
s
Mr. Luft: Yes, they did.
Mayor Ferre: Let me ask you this Jack. I understand that
the right-of-way are underneath both Rapid Transit and the
People Mover. Even though the People Mover for the most
part is over streets, but there are portions of it that are
not over streets. I understand that Metropolitan Dade in
effect is able to put stores and other things there and that
that would be out of the tax rolls.
Mr. Luft: No, sir. That's not true. The City in 1978
entered into an agreement with the County...
Mayor Ferre: In 1978.
Mr. Luft: Yes. Agreement with the County that stipulated
that for building permit purposes the County controlled all
of the lands owned by Metrorail. The DCM... The People
Mover was not included in that agreement. That stands a
part from that. Under Metrorail the County controls all
permitting procedures. However, the County did agree that
for any use or activity that is not directly the Metrorail
function i.e. the stations, maintenance, a guideway, that
all of those uses must be subject to approval by the City
Commission prior to their being built or approved and must
be in accord with the master plan approved by this
Commission and that they must pay all applicable taxes and
fees.
Mayor Ferre: Ok. Are we... can they change that?
Mr. Luft: They haven't changed it and they have no
indication they are going to change it.
Mayor Ferre: That's not my question. If the Metro
Commission wishes to change that could they change that?
Mr. Luft: I suppose they could.
Mayor Ferre: With that do we have any vested rights Ms.
Dougherty? Would we have any vested rights? If the County
all of the sudden decided to change that would we have any
problems?
Ms. Dougherty: No, sir, Mr. Mayor.
Mayor Ferre: In other words what you are saying is that
what they have granted us is legally binding on them?
Ms. Dougherty: Yes, sir.
gl
90 March 28, 1985
I
L
Mayor Ferre: And therefore, they could all of the sudden
change it and decide to put stores under Metrorail and not
pay... and they would not pay City taxes.
Ms. Dougherty: Mr. Mayor, I probably ought to research the
contract before I give you a formal opinion.
Mayor Ferre: Ok. I think it's important that you do that
because I'm hearing rumblings that they are getting ready to
do something like that.
Ms. Dougherty: I will do that.
Mayor Ferre: All right, and please give us a legal opinion
at your convenience. All right, is there now any discussion
on Item 18 on first reading as recommended by the Planning
Department and approved unanimously by the board? Is there
a motion?
Mr. Plummer: I will be glad to offer it.
Mayor Ferre: Is there a second to Item 18. There is no...
Miller. Commissioner Dawkins. Commissioner Perez.
Commissioner Carollo. All right, is there a second to Item
18, Commissioner Perez? The Planning Department recommends.
Everybody approves, nobody is in disagreement. Seconded by
Perez, further discussion, read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING PAGE 2 OF THE
OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS OF ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, UNDER "PRINCIPLE USES AND
STRUCTURES," RG2.3, GENERAL RESIDENTIAL
s TRANSIT DISTRICT, BY PROVIDING FOR
{ CERTAIN COMMERCIAL OPERATIONS, WITH
a LIMITATIONS, WITHIN A SPECIFIED DISTANCE
OF THE REGIONAL RAPID TRANSIT SYSTEM AND
PROHIBITING DRIVE -THROUGH FACILITIES;
FURTHER, PROVIDING MINIMUM OFF-STREET
PARKING REQUIREMENTS IN THE AFORESAID
DISTRICT; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
i
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 stated that copies had been furnished to the City
gl
91 March 28, 1985
0
Commission and that copies were available to the public.
49. ENGAGE OUTSIDE LEGAL SERVICES: JOSE GARCIA PEDROSA OF
LAW FIRM OF FINLEY, KUMBLE, WAGNER, HEINE, UNDERBERG,
MANLEY A CASEY- BRICKELLBANC SAVINGS ASSOCIATION VS.
CITY OF MIAMI.
Mayor Ferre: Take up 19.
Mr. Plummer: The City Attorney recommend it?
Ms. Dougherty: Yes, sir Mr. Plummer.
Mr. Plummer: I move it.
Mayor Ferre: Is there a second? Lucia, there is no
conflict is there, on his agreement not to...
Ms. Dougherty: That's why this is a public hearing Mr.
Mayor, you are waiving the conflict.
Mayor Ferre: All right, this would be a waiver of that.
Now, obviously, Mr. Garcia Pedrosa is familiar with it and I
assume that you have concluded that he could well represent
us on it. Is that correct?
Ms Dougherty: Yes, sir Mr. Mayor. He was familiar with it.
Yes, sir.
Mayor Ferre: And you are recommending it. Is there anybody
here who wishes to speak on Item 19 which is a public
hearing item? If not, let the record reflect that nobody
stood on that. Call the roll on 19.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-344
A RESOLUTION WAIVING THE REQUIREMENTS AND
PROHIBITION CONTAINED IN CITY CODE SECTION
2-302; AUTHORIZING THE CITY ATTORNEY TO
ENGAGE THE LEGAL SERVICES OF JOSE GARCIA-
PEDROSA, OF THE LAW FIRM OF FINLEY, KUMBLE,
WAGNER, HEINE, UNDERBERG, MANLEY & CASEY, AS
OUTSIDE COUNSEL TO HANDLE PENDING LITIGATION
IN THE CASE OF BRICKELLBANC SAVINGS
ASSOCIATION VS. THE CITY OF MIAMI, FLORIDA,
USING MONIES THEREFOR ALLOCATED FROM SPECIAL
PROGRAMS AND ACCOUNTS, LEGAL SERVICES
ACCOUNT.
(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
gl 92
March 28, 1985
4
-----------------------------------------------------
50. SELECT C.P.A. FIRM APPOINT COMMITTEE MEMBERS:
EVALUATE PROPOSAL FOR UNIFIED DEVELOPMENT PROJECT - 68
ACRES OF CITY OWNED LAND ON WATSON ISLAND.
------------------------------------------------------------
Mayor Ferre: Item 20 is the selection of a CPA firm. Which
is the recommended firm?
Mr. Rosencrantz: Touche Rosse.
Mr. Plummer: Are they the next one in line?
Mr. Rosencrantz: Yes.
Mayor Ferre: (INAUDIBLE)
Mr. Rosencrantz: Yes, they have two minority firms with
` them.
Mayor Ferre: Who are the two minority firms?
f
Mr. Rosencrantz: Samson & Company and W. B. Kuhns.
i
Mr. Plummer: What is the cost factor?
Mr. John Gilchrist: We haven't negotiated that yet, sir.
Mr. Plummer: Will it come back to us?
Mr. John Gilchrist: It will, sir.
Mr. Plummer: For final approval?
Mr. Gilchrist: Yes, sir.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-345
A RESOLUTION SELECTING A CERTIFIED PUBLIC
ACCOUNTING FIRM AND APPOINTING ADDITIONAL
MEMBERS TO A REVIEW COMMITTEE TO ANALYZE AND
EVALUATE A PROPOSAL SUBMITTED IN RESPONSE TO
A REQUEST FOR PROPOSALS FOR A UNIFIED
DEVELOPMENT PROJECT FOR THE DEVELOPMENT OF
CULTURAL, RECREATION AND ENTERTAINMENT
FACILITIES TO BE LOCATED ON AN APPROXIMATELY
68-ACRE LAND PARCEL ON CITY -OWNED WATSON
ISLAND; AND REQUIRING A WRITTEN REPORT OF
THEIR FINDINGS TO BE RENDERED TO THE CITY
MANAGER AS REQUIRED BY CITY OF MIAMI CHARTER
SECTION 53(c).
(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.
4 Mayor Maurice A. Ferre
NOES: None.
:gl 93 March 28, 1985
s
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: AGENDA ITEM 21 WAS WITHDRAWN.
NOTE FOR THE RECORD: AGENDA ITEM 22 WAS TEMPORARILY
DEFERRED.
51. APPROVE EMERGENCY PURCHASE OF SERVICES: BELAFONTE
TACOLCY CENTER (BTC) - ADMINISTRATION & OPERATION JPTA
TITLE II-B SUMMER YOUTH EMPLOYMENT & TRAINING PROGRAM.
Mayor Ferre: Is there any discussion on Item S-4? Is there
anybody here who wishes to speak on this item?
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-346
A RESOLUTION WAIVING COMPETITIVE BIDDING
REQUIREMENTS AND AUTHORIZING THE EMERGENCY
PURCHASE OF SERVICES FROM THE BELAFONTE
TACOLCY CENTER (BTC) TO PROVIDE FOR THE
ADMINISTRATION AND OPERATION OF THE JTPA
TITLE II-B SUMMER YOUTH EMPLOYMENT AND
TRAINING PROGRAM (SYETP) BY SAID
ORGANIZATION WITH FUNDS THEREFOR IN AN
AMOUNT NOT TO EXCEED $293,150 ALLOCATED FROM
THE JTPA TITLE II-B SYETP FUNDS.
(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
NOTE FOR THE RECORD: AGENDA ITEM 21 WAS CHANGED TO A
"CONTINUED" STATUS INSTEAD OF WITHDRAWN.
52. ORDER APPRAISALS FOR PURCHASE OF VACANT PROPERTY
FRONTING BISCAYNE BAY, N.B. 69 AND 71 STREETS FOR USE AS
PAR[ OR MARINA.
Mayor Ferre: All right, Mrs. Skubish, with our apologies,
go ahead.
Mrs. Pat Skubish: On January 7th, the Miami Zoning Board
held a public hearing on a petition for rezoning a two acre
parcel located at N.E. 70th Street on Biscayne Bay. Over
100 residents and property owners of Bayside, and adjacent
neighborhoods including the Clipper and the Palm Bay
gl 94 March 28, 1985
4 0
Yt.
appeared at the hearing to protest the proposed re -zoning
which would have allowed for the development of a hundred
dwelling unit project on the property which is now zoned for
a single family home. Many of the property owners in the
Bayside area indicated the desire to see the property
acquired by the City for passive recreational use or for a
small public marina or both. The Zoning Board deferred
action on the re -zoning petition to provide us with the
opportunity to request that the City purchase this property
for public recreational use. At the suggestion of the
Zoning Board, the Board of Directors of the Bayside
Residents Association met with Mr. Bob Traurig, attorney for
the owners of the property and he indicated that they were
willing to sell the property to the City for fair market
value subject to MIA appraisal of the property. We are here
tonight to request that you stop the process to put this
last remaining vacant parcel on the bay to the public use as
a passive park and/or marina. And I know that when we
spoke, Mr. Mayor, one of the members spoke to J. L. Plummer
and he said something about moneys and fundings and I
suggest to you that maybe you could use the Enterprise Funds
for it.
Mr. Plummer: Mr. Mayor, I move the item.
Mr. Dawkins: I second.
Mayor Ferre: A motion that the City of Miami go on record
and immediately proceed with the proper appraisals and the
identification of necessary moneys within the City of Miami
for the purchase of that property for the purposes of making
that into a park, for it to be a public open green area
and/or marina.
Mrs. Pat Skubish: Thank you so much, Mr. Mayor and members
of this Commission who were here.
Mayor Ferre: Is anybody opposed to this? Is there further
discussion? If anybody is opposed you have to deal with Pat
Skubish. I want to see who is opposed. Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-347
A MOTION THAT THE CITY OF MIAMI CITY
COMMISSION ESTABLISH FOR THE RECORD ITS
INTENTION TO IMMEDIATELY BEGIN THE PROCESS
OF APPRAISALS OF A VACANT PARCEL OF PROPERTY
LOCATED FRONTING BISCAYNE BAY BETWEEN N.E.
69TH STREET AND 71ST STREET FOR THE PURPOSE
OF PURCHASING THE AFORESAID PROPERTY FOR USE
AS A SMALL PASSIVE PARK OR SMALL PUBLIC
MARINA, OR BOTH; AND DIRECTING THE CITY
MANAGER TO IDENTIFY THE SOURCE OF FUNDING TO
FACILITATE THE PURCHASE OF THE PROPERTY.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner
Commissioner
Commissioner
Mayor Maurice
NOES: None.
Miller J. Dawkins
J. L. Plummer, Jr.
Demetrio J. Perez, Jr.
A. Ferre
ABSENT: Vice -Mayor Joe Carollo
gl 95
March 28, 1985
4
------------------------------------------------------------
53. ALLOCATE ADDITIONAL $329000 TO DESIGN PLAZA MERCHANTS
"MIAMI MARKET DAYS".
------------------------------------------------------------
Mayor Ferre: We're now on S-5. I would like for the
administration to present this. Is Ms. Gallogly available?
Who is going to make this presentation?
Mr. Walter Pierce: Mr. Mayor, on the Commission Meeting of
last week...
Mr. Plummer: Which item are we on?
Mr. Pierce: We're on S-5 which has to do with the Miami
Design Plaza area located just south of Buena Vista East
north of 36th Street. On March 21st, the Mayor recognized
Mrs. Jeanne Whipple on behalf of the merchants in the Miami
Design Plaza and a question came up as to what kind of
activities the City had been providing up there and services
in assisting the Design Plaza and it had to do primarily
with a request for funding in an amount of $80,000. The
administration has recommended a maximum of $48,000 in
support of the Association. We have since that time
surveyed all City departments. We have met with members of
the Board and the Executive Director of the Design Plaza
Association. We believe we are making progress in that area
and I believe the members of the Association are present
this evening. One of the main items that we have been
pursuing was the establishment of a Special Assessment
District to provide some aesthetic improvements as well as
roadway improvements in the area. The City Commission is
already on record as adopting and allocating $600,000 in the
current Capital Improvements Plan to do the street
improvements. The merchants had originally planned a $1.25
assessment in the Special Assessment District, that figure
has now been cut to 250 per square foot of floor area and is
s
presently before the County.
Mr. Plummer: Why was it cut?
a
Mr. Pierce: That was a decision of the merchants.
+
Mr. Plummer: Does that show a lack of interest on their
part?
Mr. Pierce: No, I believe it is a record... Mr. Diaz is
here and he can respond to that.
Mr. Plummer: Let me understand you, did you say that
originally they had agreed to 60¢?
Mr. Pierce: No, originally it was proposed at $1.25.
Mr. Plummer: All right, and then they agreed at 60¢?
i
Mr. Pierce: 25¢. Mr. Plummer, Mr. Diaz can better respond
to that than either of us, sir.
1
j
Mr. Diaz: Yes. Mr. Plummer, the district has 1.2 million
square feet. At $1.00 a square foot which was the original
proposed amount that would have meant an additional 1.2
million dollars in additional taxes a year which the
property owners of the area could not bear that considering
the large amount of vacancy and the loss of revenue brought
on by that vacancy. At 250 a square foot, we have total
agreement and total support from the merchants and property
owners of the area. It is a more realistic figure.
RT
March 28, 1985
0
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Mr. Plummer: Okay, but realistically, who are the
beneficiaries?
Mr. Diaz: The beneficiaries are the Miami Design District,
the City of Miami, the merchants and property owners.
Mr. Plummer: That's correct. You will in the future be the
recipients. Now, it seems like to me that what you're in
effect doing is like creating a special tax district.
You're not doing it but that is what you're doing.
Mr. Diaz: Essentially, for a five year period, right.
Mr. Plummer: Okay. Now, it would seem like to me that the
burden or the cost factor would be in enjoyed both from the
responsibility of paying as well as the responsibility of
enjoying. Now, what are the proposed costs for the total
project?
Mr. Pierce: That is a problem. The original $1.00 per
square foot plan has to be re -figured, re -thought because of
the assessment. I understand the plight of the people who
comprise the Association that in this era of business
declining that a dollar a square foot, 1.2 million dollars a
year can be an excessive burden. The reduction, in our
opinion, would allow a start and the question remains open,
if the merchants wish, they can increase that assessment
some time in the future.
Mr. Plummer: Are we talking about that if, in fact, they
tax themselves 250 a square foot that would raise roughly
$250,000?
Mr. Pierce: Approximately $300,000.
Mr. Plummer: So, are the improvements we're doing worth
$3009000?
Mr. Pierce: Mr. Plummer, let's back up just a second.
There are two sets of improvements, one set that we will be
doing as a local government improvement, a public
improvement. There was another set that the merchants,
which go beyond the public improvements that have a lot to
do with the aesthetics and providing additional security
which they have already done.
Mr. Plummer: Okay, so what is the cost factor on the
additional?
Mr. Pierce: To complete the whole plan as originally
proposed?
Mr. Plummer: As what it will cost.
Mr. Diaz: Well, those funds have already been approved and
we have no problems with that at all as long as the actual
improvements are implemented. So we're very happy to have
that amount of money in street improvements, our only
complaint last week was that they hadn't been used. But now
we have received commitments from the Public Works
Department ...
Mr. Plummer: So what is the problem?
Mr. Diaz: We don't have a problem in that respect. What we
do have is that between now and the time that the special
assessment district come into being the merchants have
raised a large amount of money but in addition to that we
need some additional funds in order to keep the district
RT 97 March 28, 1985
V
going and effectively compete against those centers in
Broward County.
Mr. Plummer: All right, so what are you talking about in
additional funds?
Mr. Diaz: We are looking for additional funds totally to be
dedicated to marketing of $32,000 which will be used for (1)
sending a national newspaper four times a year to at least
20,000 designers and other interested parties and
additionally be able to advertise in trade publications the
fact that we have one of the best design centers in the
country.
Mr. Plummer: As I recall, that was not a part of the
initial issue which brought this back. The initial issue
which brought this back was the merchants' contention that
you had paid to have improvements and they were not being
done.
Mr. Diaz: No, our contention was that moneys had been
approved and those improvements had not been done but now we
have received, since the last meeting, we met yesterday with
Mr. Pierce and Ms. Gallogly and they have assured us that
the Public Works Department will be getting to work on that
right away.
Mr. Plummer: So that matter is then put to bed, it is
resolved.
Mr. Diaz: Right. And the matter we have now before the
Commission is our request for additional funding.
Mayor Ferre: (INAUDIBLE)
Mr. Plummer: That's all put to bed, we're talking about
now, we're down to $32,000, is that correct?
Mr. Pierce: Right.
Mr. Plummer: Did you apply to the TDC for that?
Mayor Ferre: Wait a minute. The issue now is the $80,000
versus the $48,000?
Mr. Diaz: $48,000, so in other words the additional
$32,000.
Mr. Plummer: $32,000 for mailing.
Mr. Pierce: Mr. Mayor, just to make that absolutely clear,
I think what we hd here before, March 21st, was one lack of
communication and miscommunication. That is resolved. The
problem now really is the Merchants Association feels, sees
a need for that entire $80,000 and we recommended $48,000.
Mayor Ferre: Let me cut through all of this. We spend
money here for festivals, we spend money for a lot of other
things, film festivals. It is good, it is a winner. for
Gran Prix - that's a winner - Calle Ocho, a lot of things
like that. I would not want on my conscience that because
we denied an expenditure of $32,000 that we haven't done the
utmost. I want to look at these people in that district,
those merchants and I want to tell you honestly, Jeanne and
those of you that have been involved in this, and Mr. Diaz,
that I do not know of one single time that you have come to
this Commission and asked for something that we haven't said
yes. Can anybody here tell me otherwise? Everything you
asked for we've said yes. And, therefore, I would like to
move that we add those $32,000 so that the full request of
$809000 is granted. I so move.
RT 98 March 28, 1985
Mr. Plummer: Mr. Mayor, I'll second the motion an amendment
and that amendment is that they at least make an effort to
get the money from the TDC. Now, I'm not saying they would
get it or they can't get it, but at least make an effort.
the TDC is the Tourist Development Council and they have
moneys for promotion which is exactly what you've doing.
I'm not going to say that you'll get it but I just want you
to make an application.
Mr. Diaz: We will make that application although we're not
a tourist oriented industry. We are a major wholesale
interior design industry.
Mr. Plummer: I understand that.
Mayor Ferre: Let me explain this just so we can go on
record. A lot of people in this town complain, it is a
habit of. Miami's. we are always saying what is wrong with
Miami. 'We can tell you what is wrong with Miami Beach. We
can tell you what is wrong with Hialeah. We can say wrong
with the Miami Herald. We can say what is wrong with the
Commission. We are always telling people what is bad about
Miami. Okay? We're great at that. The fact is that the
industries that have existed in this community have existed
almost without the help of government. Tourism, with the
exception of Miami Beach has gotten very little help, in my
opinion. It is patently absurd for Metropolitan Dade County
two years ago to have spent $750,000 on advertising for
tourism when St. Petersburg was spending $2,100,000 in
advertising. That is absurd, when the Bahamas is spending
$25,000,000, when Puerto Rico which doesn't even have one
million tourists spends $15,000,000. It doesn't make any
sense for us to be competing for tourist dollars when we
don't address the issue of advertising. That is what makes
tourism happen. You've got to put ads in the New York
Times, travel supplements and into the whole industry. We
have here, for example, the ninth largest manufacturing
center for medical equipment. We do nothing for those
people - we, Dade County, because they're not in Miami, some
of them are in Hialeah. We don't do anything for them. We
have an apparel industry which this community, these
governments have done very little. Now, whenever something
goes wrong, who gets the blame? Miami Beach, the City of
Miami gets the blame. But is it really fair? How many
people, Bruce, do we have in Miami Beach? 95. Is it really
fair in a community of a 1,800,000 to put the burden of
tourism on 95,000 people, most of whom are older people?
Some of whom are unable to be tax carriers? And, therefore,
we look to Miami Beach to carry the burden for tourism. We
have the problem of the demise of the racing industry.
We've seen the problems of Hialeah. Where has Dade County
been? Isn't it the responsibility of Metropolitan Dade
County? Is it reasonable for the City of Hialeah to carry
the burden of Hialeah Race Track? It doesn't make any
sense. Now, here we have an industry which is an important
viable healthy industry. It employs several thousand
people, it pays millions of dollars in taxes, and I'm not
saying this just to be negative or critical, but
Metropolitan Dade County has done nothing to assist this
industry. Now, hopefully, that is about to change thanks to
the leadership of Merritt Steirheim and others who have
created this thing called the Beacon Council. We are in the
midst of trying to deal by identifying with the issue and
solve it. Do you know why, Bruce, Miami had to build the
City of Miami Knight Convention Center? We shouldn't have
done that. Miami Beach should have expanded, should have
doubled, .*should have tripled their Convention Center ten
years ago. By not doing it from being the top ten we're
down to thirtieth of whatever it is as a convention city. I
RT 99 March 28, 1985
think it is unfair to blame Miami Beach and say that Miami
Beach should have done it and it is their fault, it isn't
Miami Beach's fault. That is a community responsibility.
The area government here is Metropolitan Dade County. They
have a responsibility too. Now, the City of Miami is once
again stepping up and standing up to dealing with this
issue. I want to tell you that it is your responsibility to
go to Metropolitan Dade County and say "We are all residents
of Dade County" - all of us no matter where you live, in
Miami Beach, Miami, Hialeah of unincorporated areas. Those
of you who work in this district should look not only to the
City of Miami but to Metro. And I say to you - you say TDC
is tourism, no. the TDC gives money to all kinds of things
and you should be in line. You should say we're a basic
industry of this community and it is your responsibility to
help us.
Mr. Plummer: 27% of your taxes go to Metropolitan Dade
County.
Mayor Ferre: I'm ready to vote for this but I do think that
I'm going to again repeat two things: (1) The City of Miami
has never once said no to your requests and (2) we do think
that you should be doing the same thing you're doing here at
Metropolitan Dade County and with that I'm ready to vote.
Mr. Pierce: Mr. Mayor, just for the record I thought we'd
show you...
Mayor Ferre: I can't see that far, even with my glasses on
and it has nothing to do with age.
Mr. Pierce: That is the redesigned entrance at 36th Street
and N.E. 2nd Avenue of the mini -park with the sculpture that
was donated.
Mayor Ferre: That's terrific, but when?
Mr. Pierce: This is being done by the Off Street Parking
Authority and has been over a year and a half to get twelve
agencies to approve it but it is almost ready now, within 90
days Roger assures me they will be starting construction.
Mr. Plummer: I guarantee you you'll have meters in there..*
Mayor Ferre: Are we ready to vote? Call the roll, please.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 85-348
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE THE ADDITIONAL AMOUNT OF
$32,000 AND MODIFY R-85-281 PASSED AND
ADOPTED MARCH 21, 1985 TO PROVIDE FUNDING
FOR ADMINISTRATIVE EXPENSES ASSOCIATED WITH
THE OPERATION OF MIAMI DESIGN PLAZA
MERCHANTS ASSOCIATION FOR PROMOTING THE
ANNUAL EVENT "MIAMI MARKET DAYS" AND FOR THE
PUBLICATION OF AN INDUSTRY NEWS LETTER
ORIENTED TO THE NATIONAL MARKET PURSUANT TO
REQUEST MADE BY A GROUP OF MERCHANTS FOR THE
DESIGN PLAZA MERCHANTS ASSOCIATION; FURTHER
RECOMMENDING THAT THIS ORGANIZATION AT LEAST
MAKE AN EFFORT TO OBTAIN SOME FUNDING FROM
THE TOURIST DEVELOPMENT COUNCIL.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote-
RT 100 March 28, 1985
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
Mayor Ferre: I would like to thank Mr. Al Diaz for his
leadership and for his involvement in this.
Mr. Diaz: Thank you, Mayor Ferre.
Mayor Ferre: I would like to thank Edith Irma Siegal. Are
you here? For a letter she wrote me asking us to move on
this.
Mr. Diaz: Mrs. Siegal is a customer of our area and she is
not a merchant in the area.
Mayor Ferre: Well, I think ... She is a citizen?
Mr. Diaz: Yes.
Mayor Ferre: She took the time to write a letter even
though she is up in Bay Harbor Drive and ... You'll thank
her? Okay, well you thank her for me. You thank her for
the City of Miami Commission for taking the time and the
interest to express her opinion. You tell her that I agree
with her and that hopefully we're doing something about it.
And last but not least I do want to thank Jeanne Whipple. I
want to tell you Jeanne Whipple, along with Bob Sapin and
Jack Gordon and Ron Becker and Charles LaLuz and many many
other people have taken an on -going interest in keeping our
feet to the fire. You know, government is only as good as
the people that serve you but it is also as good as you and
if you show an interest in these type of things then we
react. Unfortunately, democracies create reactive
governments and sometimes instead of being pro -active, we
end up being reactive and that is the way life is. So you
have to stay on top of it and if you do that these are the
results. So I thank you, Jeanne and I thank you Al, and all
of you that are here today for your interest in making this
a better City.
Mr. Diaz: Thank you very much, Mayor and Commissioners.
RT
101
March 28, 1985
NOTE FOR THE RECORD: AGENDA ITEM S-7 WAS CONTINUED TO NEXT
MEETING.
54. ACCEPT BID: 500 OUTDOOR CONCRETE TRASH RECEPTACLES.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-349
A RESOLUTION ACCEPTING THE BID OF TRADEWINDS
OUTDOOR FURNITURE CORP. FOR FURNISHING FIVE
HUNDRED (500) CONCRETE TRASH RECEPTACLES ON
A SHORT-TERM CONTRACT BASIS TO THE
DEPARTMENT OF SOLID WASTE AT A TOTAL
PROPOSED COST OF $1699500.00; ALLOCATING
FUNDS THEREFOR FROM THE 1970 POLLUTION
CONTROL BOND FUND; AUTHORIZING THE CITY
MANAGER TO INSTRUCT THE ASSISTANT CHIEF
PROCUREMENT OFFICER TO ISSUE A PURCHASE
ORDER FOR THIS EQUIPMENT.
(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.
i
ABSENT: Vice -Mayor Joe Carollo
j- - ---- - -- -- ---- - --- - ----- --
55. AUTHORIZE CITY MANAGER TO ALLOCATE $9,000 FOR AD IN
BLACK ENTERPRISE MAGAZINE (Later amended).
i
! ------------------------------------------------------------
f
Mayor Ferre: S-6. Just make a quick statement, what is it
E you would like from the city, sir? Name, address and what
you want.
Mr. Morris: Freeman: My name is Morris Freeman, 130 5th
Avenue. What I would like to recommend to ....
Mayor Ferre: Is that New York?
Mr. Freeman: New York.
Mayor Ferre: There is a 130 5th Avenue here too.
Mr. Freeman: Okay, it is New York, New York. And what I
would like to propose to you is advertising in Black
' Enterprise Magazine as far as economic development, tourism
and conventions.
Mayor Ferre: Mr. Freeman, just make your statement'as what
you would like this Commission to do.
d
RT 102 March 28, 1985
Mr. Freeman: I would like you to advertise in Black
Enterprise Magazine in our June issue which is the Top 100
Black Businesses issue in which we will be covering
conventions and black economic development and tourism.
Mayor Ferre: Is there going to be any story at all dealing
with Miami or is it just a straight ad?
Mr. Freeman: Yes.
Mr. Plummer: Well, what is the cost?
Mr. Freeman: The cost is anywhere from $9,400 to $36,000
depending upon how many ads you decide to place.
Mayor Ferre: If we were to put one page, what is the cost
of one page.
Mr. Freeman: One page, black and white is $9,460.
Mayor Ferre: Let me ask you this, because ... Is Carol Ann
Taylor around, or is she gone? You know, the last time we
went through this we did it in Jet Magazine. I've got to
tell you, and I say this with all due respects, it was a
lousy ad, the story was even worse. I have nothing against
Nuell Dougherty, I think he is a great guy, he was covered,
three pictures of him. There wasn't one picture of Miller
Dawkins, there was one picture of Walter or anybody who
works, or the Police Chief. I want to tell you that I will
hold you personally responsible for this not happening
again.
Mr. Plummer: Well, why don't we just tie it to the fact
that we have to approve the ad?
Mayor Ferre: Well, see, it was our ad before and you know
what happened.
Mr. Plummer: Well we just approve the art work, what's
wrong with that?
Mr. Rosencrantz: We do the art work, the ad isn't the
problem, it was the story he was alluding to.
Mr. Plummer: Mr. Mayor, I want to remind you that the other
one, what was it, Jet, that we advertised in, was only
predicated on the fact that they got a corresponding grant
from TDC for that and I think that is only proper here. If
you're going to get the concentration of coverage you've got
to do it with more than one ad. So I would say that it
would only be proper, that we do as we did before and that
is we tie it to a like amount from the TDC as we did before.
Mr. Dawkins: I'll accept that.
Mayor Ferre: So the motion is that it be a joint ad?
Mr. Plummer: No, sir. We're going to take out an ad and
they're going to take out an ad.
Mayor Ferre: But our's only goes in if their's goes in?
Mr. Plummer: That's correct, the same as what they did to
us with Jet.
Mayor Ferre: Okay. The motion is that we approve a $9,000
whatever it is one page ad provided, however, that the TDC
also put in an ad, our's only goes in if their's goes in and
that it be properly designed and Mr. Manager, who should be
responsible for the design?
RT 103 March 28, 1985
Ll
Mr. Rosencrantz: That should
Development.
come through, Economic
Mayor Ferre: Through Charlotte Gallogly.
Mr. Rosencrantz: Yes.
Mayor Ferre: So in other words Ms. Gallogly is responsible
for that ad being a proper ad, unlike the wasted money, in
my opinion, in the Jet ad. Further discussion?
Mr. Plummer: And I'll make the motion at TDC, I'm the Vice -
Chairman.
Ms. Gallogly: Mayor Ferre, if I may, when the decision was
made to go with Jet there was no stipulation placed on it at
that time that we would review the editorial work.
Mayor Ferre: We can't do that but we can review our ad and
our ad was terrible.
Ms. Gallogly: Well, on many occasions we have had that
luxury of doing that. In fact, with many magazines we
usually read the editorial to make sure that it is
accurately presented on Miami.
Mr. Dawkins: I'm going to handle that as soon as we get
through with this motion.
Mayor Ferre: Okay, are we ready to vote on this? Call the
roll, please.
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-350
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE AN AMOUNT OF
APPROXIMATELY $9,000 FOR A ONE -PAGE AD IN
THE BLACK ENTERPRISE MAGAZINE CONDITIONED
UPON A LIKE AMOUNT TO BE COMMITTED IN THE
FORM OF ADVERTISING FROM THE TOURIST
DEVELOPMENT COUNCIL AND FURTHER STIPULATING
THAT THE AD IS TO BE REVIEWED FOR STYLE AND
CONTENT BY THE DIRECTOR OF ECONOMIC
DEVELOPMENT OF THE CITY. (This motion was
later amended by M-85-355)
Upon being seconded by Commissioner Plummer, 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
Mr. Dawkins: Mr. Mayor, I want to make a motion that under
no circumstances do we approve any more ads at a moment's
notice like this. If the individuals cannot come before us
and bring it around and show it to each Commissioner and
have each Commissioner look at it and then we bring it back
and approve it then I don't think that we should be doing no
more ads like this and I make that as a motion.
HT 104
March 28, 1985
Mayor Ferre: All right, I accept that as a motion. Is
there a second? Perez seconds. Further discussion?
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-351
A MOTION ESTABLISHING THE POLICY OF THE
COMMISSION THAT IN THE FUTURE NO
ADVERTISEMENTS IN ANY PAPER OR MAGAZINE WILL
BE APPROVED BY THE CITY COMMISSION UNLESS
THE proposed AD HAS FIRST BEEN PRESENTED TO
THE ADMINISTRATION FOR THEIR REVIEW AND
GIVEN THE APPROVAL BY 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 Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
------------------------------------------------------------
56. APPROVE PRELIMINARY OFFICIAL STATEMENT: $33,000,000
CITY OF MIAMI GENERAL OBLIGATION BONDS.
Mayor Ferre: Do you have any problems with Agenda Item 24?
Mr. Dawkins: On the Item 24, Mr. Manager ...
Mayor Ferre: $33,000,000 in General Obligation bonds.
Mr. Dawkins: Okay, the police bond, Mr. Manager, how is
that going to be broken up?
Mr. Rosencrantz: The police facility, we are asking for
$5,000,000. We will borrow $5,000,000.
Mr. Dawkins: We need to wait for J. L. J. L. is the one
who ...
Mr. Plummer: I am heret
Mr. Dawkins: Okay, go ahead. Go ahead, Mr. Manager. I'm
sorry.
Mr. Rosencrantz: It will be for the two police sub-
stations, one in Liberty City, the other in Little Havana -
$3,400,000.
Mr. Dawkins: Okay, now how is the 3.4 million dollars being
expended when we sell the bonds?
Mr. Rosencrantz: It will be available and divided probably
equally between the two stations and be ...
Mr. Dawkins: So that is 1.7 million per station, is that
correct?
Mr. Rosencrantz: Yes.
RT
105
March 28, 1985
Mr. Dawkins: From that, what will we do with it, sir?
Mr. Rosencrantz: For that we will probably pay for
engineering services. We will pay for any land acquisition.
We will pay for design, right-of-way, and such other costs
as that, and by the time that that money is spent, then we
should be ready to go to construction.
Mr. Dawkins: Okay, now on the meeting of January 24, 19859
I passed a motion and in the motion it said - "A motion of
the City Commission accepting in principle a proposed
schedule presented by the Administration on this date in
connection with two police sub -stations. One architect for
the project should be selected at the February 28th
meeting." That has not been done.
Mr. Rosencrantz: Do you understand why that wasn't done,
sir?
Mr. Dawkins: No, sir, I don't.
Mr. Rosencrantz: Because at your request we came back to
the City Commission - your instructions to the
Administration was to give you a plan for two full service
police stations. We presented that plan to the City
Commission, who instructed us to go back and to shave those
two stations down and to make some adjustments in those
stations. We are in the process of doing that. We are also
in the process, Commissioner Dawkins, of following through
on the site selection as was recommended by the City
Commission. Both substations are being are being fast
tracked at this point to move forward as quickly as we
possibly can.
Mr. Dawkins: So, your recommendation is that we go ahead
and approve this and make adjustments later, is that what
you are saying?
Mayor Ferre: Go ahead.
Mr. Rosencrantz: Yes, I recommend that you approve the 3.4
million ...
Mr. Dawkins: The sale of the $33,000,000 ...?
Mr. Rosencrantz: Yes.
Mr. Plummer: With a proviso, remember, Commissioner, that
any of the individual projects has to be brought back here
for approval of this Commission.
Mr. Dawkins: Okay. All right, no problem.
Mr. Plummer: I move Agenda Item 24.
Mayor Ferre: Is there a second?
Mr, Dawkins: Second.
Mayor Ferre:
RT
Further discussion? All right, with the
106
March 28, 1985
conditions as stated, call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-352
A RESOLUTION APPROVING THE FORM OF THE
PRELIMINARY OFFICIAL STATEMENT
PERTAINING TO $33,000,000 THE CITY OF
MIAMI, FLORIDA, GENERAL OBLIGATION BONDS
AND AUTHORIZING THE DISTRIBUTION OF THE
PRELIMINARY OFFICIAL STATEMENT TO
PROSPECTIVE PURCHASERS OF SUCH BONDS AND
FURTHER AUTHORIZING THE MAYOR TO EXECUTE
THE FINAL OFFICIAL STATEMENT PERTAINING
TO SUCH BONDS.
(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.
57. APPROVE NOTICE OF SALE FOR BONDS: $3390009000 AS
DELINEATED.
Mayor Ferre:
Mr. Plummer:
Mayor Ferre:
Mr. Dawkins:
Mayor Ferre:
Mr. Dawkins:
Mayor Ferre:
RT
f
Take up Agenda Item 25.
I move Item 25.
Plummer moves Item 25. Is there a second?
Second.
Is there further discussion on 25?
No.
Call the roll.
107 March 28, 1985
44 ,4
Y
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-353
A RESOLUTION FIXING CERTAIN DETAILS
CONCERNING $5,000,000 FIRE FIGHTING,
FIRE PREVENTION AND RESCUE FACILITIES
BONDS, $5,0009000 POLICE HEADQUARTERS
AND CRIME PREVENTION FACILITIES BONDS,
$80000,000 SANITARY SEWER SYSTEM BONDS;
$9,0009000 STORM SEWER IMPROVEMENT BONDS
AND $6,0001000 STREET AND HIGHWAY
IMPROVEMENT BONDS, OF THE CITY OF MIAMI,
FLORIDA, AND DIRECTING PUBLICATION OF
NOTICE OF SALE OF SAID BONDS.
(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.
------------------------------------------------------------
58. AUTHORIZE CITY MANAGER & CITY ATTORNEY TO BEGIN
PREPARATION OF BOND ISSUE FOR PARK WEST/OVERTOWN AREA.
-------------------------- ----------------------------------
Mr. Plummer: Mr. Mayor, I make a motion at this time that
! the administration be instructed to start preparing a bond
issue for Overtown/Park West to be put on the next available
ballot and they will determine and recommend back to this
Commission the amount of moneys that are needed and the
appropriateness of the ordinance. I so move.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-354
A MOTION AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO IMMEDIATELY
BEGIN PREPARATION FOR THE DRAFTING OF A
BOND ISSUE FOR THE PARK WEST/OVERTOWN
AREA AND INSTRUCTING THE CITY MANAGER TO
RECOMMEND THE PROPOSED MONEY FIGURE AND
DECLARING THIS QUESTION BE PLACED AT THE
NEXT AVAILABLE ELECTION.
Upon being seconded by Commissioner Perez, 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
i
1
7
{
RT 108 March 28, 1985
04 A
NOES: None.
ABSENT: None.
59. AMEND ALLOCATION FOR AD IN BLACK ENTERPRISE MAGAZINE
ADDITIONAL AMOUNT SO AD IS IN COLOR SUBJECT TO REVIEW,
ETC.
Mayor Ferre: We just voted $9,300 for Black Enterprise.
This is the issue that this thing is coming out on. Miller,
if you look, this is a very high quality product and these
ads are absolutely fantastic, the full page color ads. If
we end up with another one of these stupid idiotic ads, I'm
not saying that we can compete with IB14 and Coca Cola and
Johnny Walker or American Express, Salem, BO, ITT and so on,
but I think if we're going to do this we'd better do it in
color, otherwise we're going to be ridiculous (1) and (2) I
think we've got to retain somebody, an agency to put a
decent ad in or we're going to get another one of these
paste up things done. He doesn't do advertising. I think
we need ( 1 ) to go to a color ad and ( 2 ) I think we need to
retain an agency, and the administration can choose one as
far as I'm concerned, it is not a big deal anyway, to do
this ad for us and I would like to ask for you to make that
motion.
Mr. Plummer: With the same provisos, I second the motion.
Mayor Ferre: In other words the TDC has to also put in an
ad otherwise our's doesn't go on.
Mr. Carollo: Mr. Manager, see if there might be somebody
that might be willing to volunteer their time, first of all.
It is small enough that it really won't hurt anyone.
Mr. Rosencrantz: Did the Commissioner indicate whether you
wanted a half page or a full page ad in your earlier motion?
i
Mayor Ferre: A full page ad. I want to tell you, Carol
Ann... Where is Carol Ann? I know you've been pushing hard
on this. I've looked at every page here.
a
Mr. Dawkins: Well, I'm a subscriber so I don't have to look
through here.
Mayor Ferre: Well, fine, I've looked through this
particular June 1984 and other than the Baltimore ad which
is a fine ad and a quality ad, I want to tell you that there
is not one single other city in here. Marriott is
advertising, Kodak is advertising, Tiffany is advertising,
Sears, Kraft, Pan Am, the Bahamas, Jamaica, whatever. But
other than Baltimore there is not one city. Do you want to
speak to this issue?
Mr. Wellington Rolle: Yes, sir. I was just wondering, sir,
I heard earlier. I was just wondering why is it that the
City wants to tie this to TDC? I can appreciate the problem
that you have with the ad placed in Jet but I think that
this sort of puts the Black Enterprise at a disadvantage to
be tied to something that they cannot control and I believe
that the City of Miami would lose by not having the ad
placed simply because some other group, some other entity
elects not to be supportive of this issue or they might be,
but I think that if anything maybe they should subscribe a
similar ad rather than just have one ad in the paper. I
don't think that the City of Miami should be bound by the
RT 109 March 28, 1985
#1 A
3
fact that they elect not to place an ad or to place an ad.
I think maybe they should have the opportunity to make the
presentation at the TDC and, of course, they make their
decision but to have the City of Miami's ad contingent upon
whether or not they place one too, I think that is a bit
much, Mr. Mayor, and I would ask that the Commission give
that matter some additional thought as to whether not it is
in the best interest of the City.
Mr. Plummer: Wellington, let me answer that because I sit
on the TDC. In reality, the City shouldn't be asked for a
dime, they're not asking any other city for moneys because
they know what the answer would be. If you want the gospel
truth the TDC should be picking up 100% of it but they're
not. When Jet came here they went and made their
presentation first to the TDC and the TDC was the one who
put the proviso that the City take an ad.
Mr. Rolle: You know, Plummer, one of the things I have been
concerned about is I'm not sure that Dade County is the
entity here in South Florida, it is the City of Miami and I
have never been in accord with Dade County jumping into this
picture. I think it is the City of Miami, it is Miami Beach
and it is the people up there on the north end of the Beach.
But I'm concerned that there are some people who are into
tourist development or into the type of entertainment
aspects that they really don't have something to offer for
tourists coming to South Florida. Tourists come to South
Florida because of Miami, not Dade County, they never have
and they never will. So if it is Miami they'd be coming for
then it certainly seems to me that Miami should be the
foremost type of thing that stands out in front of what we
do here.
Mr. Plummer: That's right, and I want you to know of the
TDC money, Wellington, 44% of that money that they get in
the bed tax is raised from the City of Miami. We do come
close to getting a 44% return in the City.
Mr. Rolle: Maybe we need to re-examine the relationship in
that particular ...
Mr. Plummer: Yes, they have already done that and they have
created a new thing called the TIC.
Mr. Rolle: What is the "I"?
Mr. Plummer: We lose.
Mayor Ferre: All right, are we ready to vote on this? Call
the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
RT
MOTION NO. 85-355
A MOTION AMENDING M-85-350 PASSED AND
ADOPTED THIS DATE CONCERNING
ADVERTISEMENT TO BE PLACED IN THE BLACK
ENTERPRISE MAGAZINE MODIFYING THE MONEY
ALLOCATION SO THAT THE AD WILL BE IN
FULL COLOR AND AUTHORIZING THE
ADMINISTRATION TO RETAIN THE SERVICES OF
AN ADVERTISEMENT AGENCY TO REVIEW THE
STYLE AND CONTENT OF THE AD BUT ALLOWING
THE MANAGER THE FLEXIBILITY TO OBTAIN
SUCH SERVICES ON A VOLUNTARY BASIS IF
POSSIBLE.
110 March 28, 1985
Upon being seconded by Commissioner Perez, 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.
- ----------------------------------------------------------
60. PERSONAL APPEARANCE: WELLINGTON ROLLE REGARDING SPECIAL
ACT 166 PROHIBITING CONSTRUCTION IN BAYFRONT PARK.
------------------------------------------------------------
Mr. Carollo: Since we've got Wellington up here, there was
something that he had given me ... Do you have a copy
there, Wellington? If you could read the part ...
Mr. Plummer: He's done to his last 50 copies.
Mr. Carollo: Can you read the part that is relevant to the
City Attorney? I would like her to study this and give us
an answer. This concerns me greatly. This could have a
tremendous impact on Bayfront Park.
Mr. Wellington Rolle: Mr. Vice -Mayor and members of the
Commission, early on I made the observation, I think this
morning, that the concern that this Commission should have
has nothing to do with whether or not Congressman Pepper,
Senator Hawkins or some other people were sending in a
letter of concern about the development in Bayfront Park and
the delay in that kind of development that it might impact
adversely upon the UDAG funds. I think a major thing that
this Commission ought to be concerned about, and, of course,
I understand the law office is offering an observation as to
what this Commission is able to do, but there was a Special
Act that was passed back in 1951 that precluded any further
developments in Bayfront park and specifically what it says
is that from and after the effective date of this Act, it
shall be unlawful for any further buildings or structures to
be built, constructed or moved into Bayfront Park or other
in -roads which in -roads shall include parking lots in said
park located in the City of Miami, a municipal corporation
in the State of Florida; and Section 2, that the courts of
the State of Florida hereby empower to enjoin any attempt to
violate the provisions of Section 1 of this Act. Now, as
was pointed out earlier, I think the City Attorney's Office
has indicated that there has been a change on the basis of
166.021 point whatever section that they're saying. What
has not happened is that the City Attorney's Office has not
laid on the desk or laid on the table for this Commission
the precise language that supports those conclusions. I
said this morning that there were two schools of thought on
this subject, the house is divided and I don't believe that
if this goes to final arbitration, if the City wants to take
that risk, that this will be decided in the City's favor,
but in talking this morning with Commissioner Plummer, Mr.
Plummer suggested that maybe I re -check my facts and I took
the time to get this particular language and also a part of
166 and I think that Mr. Clark or the City Attorney or John
Copelan or somebody could probably add that information that
may say t.o this Council what they believe that you are able
to do. I have some great doubt and reservation about what
you're able to do and I think that this needs to be cleared
HT 111 March 28, 1985
A
up before we continue to guild the lily in talking about
what Congressman Pepper feels, Senator Hawkins and all those
other people. But those are my feelings on the record and I
think that if this matter goes to final arbitration that is
the way we are going to get the answer.
Mr. Carollo: Madam City Attorney, is there any sound basis
for the statements that he has made?
Mrs. Dougherty: Vice -Mayor Carollo, I am aware of this
Special Act that he is talking about and it does prohibit
any construction in Bayfront Park. We have interpreted 166
to permit us to change that Special Act by law, by an
ordinance and we have done that in the past and we did that
with respect to this particular project in Bayfront Park.
Mayor Ferre: And that was done during the tenure of George
Knox and reaffirmed again with Garcia -Pedrosa when the same
subject came for discussion at the public hearing.
i
Mr. Carollo: I just want to make sure that we're on firm
ground and get the reassurance from her. Thank you,
Wellington.
------------------------------------------------------------
61. DISCUSSION OF EMOLUMENTS OF OFFICE FOR NEWLY APPOINTED
CITY MANAGER SERGIO PEREIRA AND ADOPTION OF FORMAL
RESOLUTION.
------------------------------------------------------------
Mayor Ferre: We now have the item of the City Manager's
employment agreement and actually it is more than that.
Actually, it is a resolution appointing Sergio Pereira as
City Manager and setting forth the compensation benefits and
emoluments to be received by Sergio Pereira. You have a
copy which I'm sorry was passed out this morning rather than
yesterday, as I thought it would be. This was drafted by
the City Attorney with the input of Sergio Pereira's
attorney and with Mr. Pereira's consent, of course, I cannot
speak for the Commission, and I have made that abundantly
clear all along, it is has traditionally been the task of
the Mayor to present such a resolution and I so present it..'
Mrs. Dougherty: Mr. Mayor, before we discuss it, I would
like to add one clause that was inadvertently left off the
whereas clauses. "Whereas the City wishes to set forth the
agreed terms and conditions of this employment", that is
just before the NOW THEREFORE.
Mayor Ferre: Whereas the what?
Mrs. Dougherty: "Whereas the City wishes to set forth below
the agreed terms and conditions of his employment", that is
just an additional whereas clause.
Mayor Ferre: I see, all right, thank you. All right, any
questions, comments, changes?
Mr. Plummer: Yes, Mr. Mayor, Section 5 - I'm sorry I've
overlooked it - comparable to a Chrysler 5th Avenue. Okay.
I have a question in reference to Section 8. Madam City
Attorney, you know, you assume certain things and contracts
are never questioned until there is an assumption that is
not understood. That is to be understood by me that we
would defend him in a lawsuit assuming he follows the policy
of this Commission and not acting contrary to a ruling given
by the City Attorney. Is that a natural given or does that
need to be spelled out?
RT 112 March 28, 1985
114
A
Mrs. Dougherty: If that is your intent, we ought to spell
it out.
Mr. Plummer: Well, I think it is the intent, wouldn't it
be?
Mayor Ferre: Tell me again?
Mr. Plummer: That as long as he is taking forth his legal
duties and in compliance with the policy of this Commission
and not against a recommendation of the City Attorney.
Mayor Ferre: I would imagine that just law would protect us
' on that but I think you're right, it is better to specify
it. Mr. Weiss, do you have any objections to that being
stated? For the record, name, address, who you represent.
Mr. Richard Weiss: My name is Richard Weiss. I'm an
attorney, I represent Sergio Pereira. I have not discussed
this with my client, he is not here. I think if you added
"stated policy of the Commission" that would be fine.
Mayor Ferre: Fine, let the record reflect - does anybody
object to that being added to Section 8? Let the record
reflect that it is so added. Any other changes?
Mr. Dawkins: Yes. Under 9(e), now I'm the one who told
Howard Gary that he should not have given up an agreement
and we've got 12 months here and 6 months there, I'd like to
see that section read that he has a one year agreement to
allow him to adjust and work and let us evaluate him and at
the end of that year at his evaluation then we would go back
to the same thing we give everybody else, a three month
severance pay.
Mayor Ferre: That is acceptable to me, does anybody else
object to that?
Mr. Plummer: Mr. Mayor, I guess I do because my objection
is in relations to giving any employee a one year severance.
I think it is completely out of line. As I remember, Howard
Gary had 3 months severance and I voted for it.
Mr. Dawkins: Hold it, J. L., I said one year agreement, I
didn't say one year severance pay. No, a one year agreement
where you can't fire him to give him a chance, the same
thing we gave everybody else. We gave Howard Gary a one
year agreement and when that agreement was up he got a three
month severance, that's all he got.
Mayor Ferre: All right, I'm sorry, I misunderstood. I
think that's illegal.
Mr. Dawkins: It was illegal when we gave it to Howard Gary
but we gave it to him. But I'm not going to vote for no 12
month severance pay for nobody if they're fired.
Mr. Plummer: Well, there are two points that I think have
to be made. It is my understanding that the ICMA is, in
fact, their recommendation as to a package for a Manager
does include 3 months, is that correct, and no more?
Mr. Rosencrantz: They generally recommend 3 months.
Mr. Plummer: Okay, and I am in accord with that. I think
that is the norm, that is what we afforded the last Manager.
Now, this second point ...
RT 113 March 28, 1985
64 A
Mayor Ferre: Let's just vote on it, make your motion and if
it is amended I think it is important enough to put it to a
vote so make your motion, Miller, whether it be 3 months or
whatever.
Mr. Dawkins: I make the motion that in order for the
gentleman to come in and work free and be able to exercise a
little freedom of work that he has a one year agreement the
same as Howard Gary had and at the end of that one year
agreement, at his evaluation, then we would adjust and come
back to a 3 month severance pay.
Mayor Ferre: Is there a second to that motion?
Mr. Plummer: Well, I don't understand, I'm sorry. Are you
saying that during the first year, Miller, that he would
have no severance pay but he would have a one year contract,
is that what you're saying?
Mr. Dawkins: Well, if he has a one year contract and you
fire him he's automatically got severance because you've got
to pay him for the year.
Mr. Plummer: That I can't go along with.
Mayor Ferre: Is there a second? And lastly, is there a
second.
Mr. Plummer: I would make a motion at this time that he be
afforded what is the norm and that is 3 months severance
pay.
Mayor Ferre: Is there a second to that? Is there a second
to that?
Mr. Carollo: I have to finish reading this. We just got it
}. this morning and I'm not about to just fly in voting for
something like we did for a previous Manager and then when
3 the Mercedes Benz Caper came, we ran into all the problems
we did, Mr. Mayor, if you recall.
Mayor Ferre: I'm sorry it was given to you this morning at
8:30 and I apologize.
# Mr. Carollo: It's not your fault, I'm not blaming you.
Mayor Ferre: Read it, take your time and read it.
Mr. Plummer: Mr. Mayor, the second point that I have to
make on Item (c) is the fact, the reason for his
termination. Now let's assume that his termination, and I
really want to take this out of the context of the
' individual and speak to the principle. If, in fact, this
- Commission were to terminate a Manager for let's say any
kind of ...
Mrs. Dougherty: Bribery.
Mr. Plummer: I don't want to say that - misconduct. Okay,
that's the word. I want to tell you I wouldn't vote for ten
cents of severance pay. Now, I think it has got to be
spelled out, I really do. I just don't
think it is right
that if you terminate a man for good reason,
and I'm not
talking about the norm that we've heard about. Let me just
use the terminology and please, Sergio,
when you read this
record it does not apply. But a man gets
his hand caught in
65
the cookie jar.
Mayor Ferre: That's a criminal act.
RT 114
March 28, 1985
Wz
Mr. Plummer: Okay, but we fire him because of that. I
don't think we owe him ten cents of severance pay.
Mayor Ferre: I think a court of law would uphold you on
that and ..
Mr. Plummer: But it's not spelled out.
Mayor Ferre: As I remember, there was an edition, Rick,
which we talked about, and didn't you....
E
Mrs. Dougherty: We have talked about having that no
severance pay if it was a criminal act or gross negligence.
Mr. Plummer: Fine, that's fine.
Mayor Ferre: Is that acceptable to you, J.L.?
Mr. Plummer: That's fine.
i
Mayor Ferre: Does anybody have any problems with adding
those words, "criminal act or gross negligence"? Does
anybody object? All right, it's amended then to include
i
that. Any other changes?
Mr. Carollo: What ever happened to the instructions that
Plummer gave the Manager of Commission's approval on
insurance packages for the Commission too?
}
Mr. Plummer: I have a memo on that.
Mr. Carollo: When did you get that?
Mr. Plummer: Today.
Mr. Carollo: Today? That's a good day. Put it
together...subject to... Can I get a copy of yours?
Mayor Ferre: It has nothing to do with you.
x
Mr. Plummer: No, it has nothing to do with you.
Mayor Ferre: While we're reading, go ahead Wellington.
Mr. Wellington Rolle: Mr. Mayor, Wellington Rolle, City of
Miami, I'm concerned about the direction in which the
Commission is going relative to the position of City
Manager. It seems to me that this Commission would want to
start with what the Charter calls for as it relates to the
office of the City Manager. Now, when I read something
here about the sick leave being granted similar to that
which is granted to other employees. Of course, that's in
{
keeping with the Charter, but then you read the section
about the vacation time and the 100 hours. That is not in
accord with what could be carried over from year to year
—
from one time period to the other.
Mayor Ferre: That's true, Wellington, but the Charter
doesn't speak to what's called minuta like that. In other
words, it may be an important detail, but it's not a type of
a thing that normally gets put into a constitution or into a
charter. What we are dealing with is a reality of common
.`
practice. The City Attorney has the same provision. Is
that correct, Madam City Attorney?
Mrs. Dougherty: By policy of the City.
.°
Mayor Ferre: By policy, of course. So, in other words,
L '
we're not inventing something. This is something which is
'
in existence and has been in existence for both managers and
RT 115 March 28, 1985
0% A
city attorneys. I'm sure it's the same in Miami Beach and
in most other municipalities.
Mr. Rolle: What I'm trying to do, Mr. Mayor, is I'm trying
to preclude the continuance of exotic types of agreements
with the office of the City Manager.
Mayor Ferre: I would say that vacation time of 30 days is
not exactly exotic. It's standard practice for Merritt
Stierheim of the County, for Howard Gary, for Lucia
Dougherty, City Attorney, for Garcia -Pedrosa before her, for
George Knox before him.
Mr. Rolle: I guess I can agree with that, Mr. Mayor, but
I'm just simply that the Charter addresses the classified
service and the unclassified service. It addresses manager -
III, manager -II. All I'm simply saying to you is that all
these things are covered in a document. It seems to me....
Mayor Ferre: Except for the manager.
Mr. Rolle: No, the manager is covered there too, Mr. Mayor.
This Commission of course can do what it chooses to do and
expand upon what the Charter calls for.
Mayor Ferre: Well, the Commission appoints three people:
the City Attorney, the City Manager, and the City Clerk. We
deal with these issues at the Commission level with those
appointees. We deal with the others by establishing the
rules that you're referring to. We're not talking about
manager, class -I, manager, class -II; we're talking about the
City Manager.
Mr. Rolle: Exactly and I agree with that, but I'm just
simply saying to you that the Charter itself and the Code
addresses the City Manager. It's just like if the City pays
8% of the retirement fund and you deduct a 5% from the
Manager's salary, this is an option that the Manager has.
If he doesn't want to take it, then of course, it reverts to
the option that is in the Charter.
Mayor Ferre: Wellington, that's fine, this City Commission
and those who sit here have a right to amend any of these
things, change them, alter them. That's where we're at. I
would submit to you that a three day vacation and the
hundred hour carry-over is not a major frill or exotic
condition. That's a standard condition that existed for
other city managers and county managers and the city
attorney.
i
Mr. Rolle: I guess the part that really I'm concerned
about, sir, has to do with the monetary bit that I'm looking
is coming down the pike. We haven't gotten in hard language
i yet, but I think somewhere down the line there's going to be
a divided house in this City on this particular kind on an
item that is coming down.
Mayor Ferre: We'll try to avoid that if it is possible; if
not, then it'll be a divided house. Joe, have you had time
to read it? Any amendments that you want to make?
Mr. Carollo: I haven't seen anything else that needed to be
changed. The only question here is the severance pay. The
only question that I'm seeing before the Commission is the
severance pay. Everything else seems in line.
Mayor Ferre: What do you want to do on severance pay. Does
anybody want to make a motion on that?
"a
RT 116 March 28, 1985
A
Mr. Plummer: Mine failed to get a second. I'll make the
motion again that he receive the norm, and that's three
months.
Mayor Ferre: O.K., I'll ask one more time. Is there a
second to that? Is there a second to that? I'll try to
make a motion.
Mr. Carollo: Miller, which is the one that you made? See
if I can understand it again.
Mr. Dawkins: I said that an individual coming in to the
City Commission like we operate, I feel that in order for an
individual to do a job and do it effectively, he needs some
type of job security. Therefore, I made the motion that
we -and they say it's illegal, but we've done illegal things
before -
Mayor Ferre: I hope not.
Mr. Dawkins: And we gave Howard Gary an agreement for one
year and at the end of that year, we evaluated him and the
agreement was struck and then he had to accept three months
severance pay, which is standard. So I make a motion that
Mr. Pereira be given a one-year agreement. At the end of
that year, that we evaluate him and we go back to the norm
of three months....
Mayor Ferre: I'll accept that again as a....
Mr. Carollo: In other words, what you're saying is that if
for any reason anytime during that twelve months he would be
fired, that he would be paid whatever is left of that year.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: Before we call for a second, the City Attorney
has requested to say something.
Mrs. Dougherty: Mr. Mayor, I just wanted to make two
comments. One is that he really doesn't have a contract
that would bind you to keep him for a year, but you're going
to pay him for the year. The second thing is, do you want
to give him no less than three months at any given time?
Because at the eleventh month, he's only going to have one
month severance pay.
Mr. Carollo: I think we need to include that, that at no
time....
Mrs. Dougherty: At no time he would receive less...
Mr. Carollo: than three months.
Mr. Rolle: Was there a statement, Mr. Mayor, that there is
not a contract? Is that her statement?
Mayor Ferre: That's not a contract. ThE;re cannot be a
contract under the charter. Do you want to say something,
Rick?
Mr. Rick Weiss: I was just going to say that the proposal
that you had made, we would prefer.
Mayor Ferre: I realize that, but if we can't get three
votes here, there's no way. Just to set the record straight
so that there's no questions about this. I will move, I'll
pass the gavel on to the Vice Mayor or whomever wants it,
I'll move that Section C, as it is in this resolution before
us, be adopted. I so move.
RT 117 March 28, 1985
Mr. Carollo: There is a motion that section C, as it is
before us in this motion, shall be adopted.
Mr. Dawkins: I withdraw my motion.
Mr. Carollo: Do I hear a second?
Mr. Perez: Yes, I second.
Mr. Carollo: There is a motion and there is a second. Is
there further discussion? Miller? There is a motion and
there is a second. Let's have discussion when Miller gets
back.
Mr. Rolle: I was trying to follow the motion.
Mr. Carollo: The motion is that section 6-C of page three
be adopted.
Mayor Ferre: 9-C, as amended.
Mr. Carollo: On mine it says 6-C.
Mayor Ferre: Section 9-C.
Mr. Carollo: You're right, Section 9-C.
Mayor Ferre: I'll read it into the record.
"If Sergio Pereira is dismissed by the City prior
to January 10 1986, he shall receive total amount
of salary as severance pay from the City.
Thereafter, if Sergio Pereira is dismissed by the
City prior to October 1, 1986, he shall receive
three months salary severance pay."
Mrs. Dougherty: With the additional language that no
severance pay shall be afforded Sergio Pereira if he is
terminated for gross negligence or a criminal act.
Mr. Carollo: Is that understood? In other words, exactly
what was given to us in this resolution, with the exception
of what the City Attorney included.
Mr. Rolle: Mr. Vice Mayor, the question that I asked a
while ago is whether or not it was a contract. I think the
answer, the Mayor said, that it was not a contract, but....
Mayor Ferre: No, the City Attorney.
Mr. Rolle: Well, the City Attorney indicated it was not a
contract. If somebody sits at home, he still gets paid.
Now, what are we talking about here? I mean he's still
getting paid for a whole year.
Mayor Ferre: It's called severance pay.
Mr. Rolle: Well, I don't know about that. I mean, we're
talking about somebody getting paid and you say it's not a
contract, but the language here says that if he should get
fired, he'll get paid for the whole year. I'm saying, is
there a difference here? I mean, what are we talking about
here?
Mayor Ferre: Madam City Attorney, do you want to answer
that?
Mrs. Dougherty: Mr. Mayor, all I meant was that the
Commission sets the terms and emoluments for the office of
the City Manager, but you may not be bound to keep him on
RT
118
March 28, 1985
for a year. You can pay him severance pay, but you cannot
by contract bind yourself in keeping a person on your
employment for a year when he serves at the will of the
Commission, as the Charter specially provides. That doesn't
mean that these provisions, under the resolution, are not
enforceable against the City; they are.
Mr. Plummer: It means he's guaranteed $929000; that's what
it means.
Mr. Rolle: Then he's still under contract. Wouldn't you
say?
Mr. Carollo: No, he would be guaranteed more than $92,000,
because he would be guaranteed all the benefits.
Mayor Ferre: I'm glad you pointed that out. The only thing
he's receiving, Mr. Weiss, on the record so that the record
reflects it. All this says....
Mr. Weiss: We understand that.
Mayor Ferre: ....is salary, that's all, nothing else.
Mr. Weiss: Salary only, we understand that.
Mr. Carollo: Madam City Attorney, let's make sure we
underline salary, twelve month salary only. In fact, make
that an amendment.
Mayor Ferre: I accept that as an amendment.
Mr. Rolle: Mr. Vice Mayor, I don't want to belabor this
point, but we're still saying that for whatever reason, Mr.
Pereira, if he should get terminated, that he will continue
to receive the same pay check as though nothing had happened
to him, and you call it severance pay. The question I'm
raising is what is the difference of a person on a job, he
gets terminated, he gets no salary once he's terminated.
He's finished with the company. But here a person gets
terminated and he's getting a salary. Never mind the other
benefits; he's still getting a salary. And he has to be
nothing doing, I mean, if we're serious about what we're
talking about. That continues to be...that's another way of
violating a provision of the charter and offering a contract
in another manner. It just seems to me that if he's
terminated, then he shouldn't get paid. I cannot accept....
Mr. Plummer: This is called a no -cut contract.
Mr. Rolle: It looks that way, Mr. Plummer. It certainly
looks that way. I think that the Commission here ought to
give this matter some additional thought before it approves
that. I think that it's best that the Commission does this
rather than have a discussion on this matter.
Mr. Carollo: The Mayor has called the question. Hearing
no further discussion from the any of the six
Commissioners....
Mr. Plummer: Six?
Mr. Carollo:
RT
The Manager...I would ask the Clerk to call
119
March 28, 1985
9
roll.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 85-356
A MOTION MODIFYING OR ACCEPTING SPECIFIC
PROVISIONS OF THE RESOLUTION APPOINTING
SERGIO PEREIRA AS CITY MANAGER SETTING FORTH
HIS COMPENSATIONS, BENEFITS, AND EMOLUMENTS
AS FOLLOWS: SECTION 8 INCLUSION OF THE WORDS
"STATED POLICY OF THE COMMISSION AND THE
INCLUSION OF LANGUAGE IN THE APPROPRIATE
SECTION THAT NO REMAINING SALARY SHALL BE
PAID IF DISMISSED BECAUSE OF CRIMINAL ACT OR
GROSS NEGLIGENCE" AND FURTHER ADOPTING
SECTION 9-C AS PRESENTED TO THE CITY
COMMISSION ON THIS DATE.
Upon being seconded by Commissioner Perez, the motion
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: Commissioner J. L. Plummer, Jr.
ABSENT: None.
DURING ROLL CALL:
Mr. Plummer: It's a luxury we can't afford. I vote no.
Mayor Ferre: I would like now that the full resolution, as
amended, -there were three amendments, as I recall- now be
adopted. Is there a motion?
Mr. Carollo: There is a motion.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
RESOLUTION NO. 85-357
A RESOLUTION APPOINTING SERGIO PEREIRA
AS CITY MANAGER AND SETTING FORTH THE
COMPENSATION BENEFITS AND EMOLUMENTS TO
BE RECEIVED BY SERGIO PEREIRA AS CITY
MANAGER OF THE CITY OF MIAMI, FLORIDA.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
RT
120
March 28, 1985
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: Although voting no with the motion,
Commissioner Plummer later asked the Clerk to be voting with
the motion.
------------------------------------------------------------
DURING ROLL CALL:
Mayor Ferre: I would like to, in voting yes, and for the
record -I say this as guardedly as I can- say that the City
of Miami has been through difficult times of tension since
October 25th, the firing of Howard Gary. The selection
process, which occurred for the selection of the Manager,
was not as difficult as the one for Howard Gary, did not
take as many votes. It was not as tense, but it
nevertheless was one which in one day we locked in for 35
votes on a Friday, and on Monday that changed. I think Mr.
Pereira has given up the number three job at the County.
It's an important job that he gave up. It's a good job that
he gave up. It's a job that offered him great promise. He
has chosen to cast his lot with us. I think very different
from what we voted on in which two of us on this Commission
voted against in the contract, which was called the terms of
employment for Howard Gary. This was a very different type
of a document. I do think that we owe Sergio Pereira that
peace of mind. It may not be very much, but I think it's a
consolation at least that he knows that for a time certain
he will be able ... he can always get fired, that is always
possible, but at least he has a certain assurance that if
that does occur, it gives him time to recuperate and go into
whatever else he would be doing at that time. It is not a
panacea. I think it is a type of reassurance, which I think
is gratifying. I thank the Commission for this. I think
it's important, and I'm glad that we concur on it.
Mr. Plummer: Mr. Mayor, I would like to change my vote, so
that it won't be misconstrued. I have made my point in
reference to the area in which I had the concern. I voted
no on that. I don't want it to reflect that I am voting no
against the appointment of Sergio. So will change my vote
and make it unanimous.
Mr. Carollo: We understand, J.L.
Mayor Ferre: I thank you for that. I think that has to be
done with the full approval of the Commission. I'm sure
that nobody would disagree for a change of vote. Let the
record reflect that it was a unanimous vote. I thank you
for that.
------------------------------- ----------------------------
62 DISCUSSION OF POSSIBLE APPOINTMENTS TO SHORELINE
DEVELOPMENT REVIEW COMMITTEE
Mayor Ferre:
nominee of
Committee.
RT
We have to select the City of Miami Commission
Dade County Shoreline Development Review
121
March 28, 1985
Mr. Plummer: The what?
Mayor Ferre: There are three that are being recommended.
This is Harvie Ruvin's...Shoreline Development. Jose Feito,
Ron Frazer, and Lester Pancoast.
Mr. Plummer: I nominate Lester Pancoast.
Mayor Ferre: Jose Feito, Ron Frazer, and Lester Pancoast, I
think Lester Pancoast is an excellent choice. I think....
Mr. Dawkins: I nominate Ron Frazer.
Mayor Ferre: I think that Jose Feito should also be
considered. I would nominate Jose Feito. So all three,
take a ballot and we'll vote on it.
Mr. Rosencrantz: Mr. Mayor, could we ask you in this
particular thing, we've not been able to contact the
individuals that are listed there to get their assurance
that they would serve.
Mr. Carollo: Why don't we defer it, then, until they are
contacted.
Mr. Plummer: Defer it.
Mayor Ferre: There is a motion that this item be continued
to the next....
Mr. Pierce: Mr. Mayor, we ask you that you take some
action, even if prioritizing, we recommend who the nominee
is, because if it's not done by April 14, we will not have a
nominee for consideration by the County Commission at all.
Mr. Plummer: Why don't you put the three names in a hat and
pull them out? As far as I am concerned, put the three
names in a hat and have the Clerk pull one out.
Mr. Carollo: I'm going to do it.
Mr. Plummer: Fine, prioritize them by pulling them out of
the hat.
Mr. Carollo: Feito be number one.
Mayor Ferre: Just put all three names and let the Clerk
pull one.
Mr. Plummer: He's just simplifying it; that's all.
Mr. Carollo: Number one, number two, and number three, just
like they are listed here.
Mr. Plummer: That's correct. Mr. Clerk, pull them out of
the coffee can.
Mr. Carollo: I'll use my cup, Ralph; here we go.
Mr. Ralph Ongie: The winner.is candidate number one.
Mr. Carollo: Candidate number one is Jose Feito.
Mayor Ferre: Pick the next one.
Mr. Ongie: Number two is candidate number three.
Mayor Ferre: That's Lester Pancoast; Ron Frazier is last.
sl
122
March 28, 1985
63 MOTION OF INTENT CONCERNING REVISIONS TO PROPOSED
CHARTER AMENDMENTS ON STRONG MAYOR FORM OF GOVERNMENT,
EXPANSION OF THE CITY COMMISSION AND NOVEMBER 1985
EFFECTIVE DATE IF SUCCESSFULLY PASSED AT A SPECIAL
ELECTION IN JULY
Mayor Ferre: We have S-1 and S-2 before us and you have had
an opportunity to read it.
Mr. Carollo: Mr. Mayor, I'm ready to go with strong mayor.
Mayor Ferre: Make your motion.
Mr. Carollo: Mr. Mayor, based on what I've been saying
since I've come to this Commission, based on what you've
been saying lately and what other here have been saying, I'm
willing to make a motion with the following amendments.
One, that instead of having eight....
Mayor Ferre: No, nine.
Mr. Carollo: Well, nine Commissioners and the Mayor, we
will have a City Commission of seven and the Mayor.
Mayor Ferre: Joe, you're going to confuse it. The Mayor
would not be a member of the City Commission.
Mr. Carollo: No, but instead of having a Commission of
nine, we'd have a Commission of seven. Secondly, that four
Commissioners run from districts, and three would run at
large together with the Mayor for a four year term.
Mayor Ferre: All of them four year terms.
Mr. Carollo: The ones that run at large, three
Commissioners run at large and the Mayor, four year terms.
The four Commissioners who run from districts would have two
year terms. The only question that I think needs to be
thrown out is when will this be implemented.
Mayor Ferre: I think you ought to have it in 187. I was
for 186, but that's going to confuse a lot of people.
Mr. Carollo: I don't think it will, Maurice, and let me
tell you why. I think what people want is to one way or
another implement this as soon as possible. I think before,
I knew your concern, and I think you had some valid reasons,
because some people might misconstrue it because Howard is
the Manager. We don't have that problem anymore. I think
that your idea of having a special election before you had
suggested in June or so is a good idea.
Mayor Ferre: July.
Mr. Carollo: July, I think it should be just before the
fourth of July then.
Mayor Ferre: Good patriotic day.
Mr. Carollo: It should be implemented this way if it
passes, it should be implemented November of 185.
Mayor Ferre: November of 185?
sl
123
March 28, 1985
Mr. Carollo: November of 185, this way if it passes in
June, you could have scores of people running for additional
seats.
Mr. Plummer: Wait a minute, 185.
Mr. Carollo: Yes, that's this year.
Mr. Plummer: What would that do to the terms of you and I,
for example.
Mr. Carollo: What it will do for the terms of you and I is
that we will be running.
i
Mr. Plummer: In 185?
Mayor Ferre: Yes.
Mr. Carollo: Everybody runs in 185.
Mayor Ferre: That's right.
LAUGHTER.
Mr. Carollo: No guts, no glory.
Mr. Plummer: You're right.
Mayor Ferre: We have a motion, which obviously would
+
require...obviously, this is a major redraft of what we have
before us, so it would only be done in the form of a motion.
You'd have to come back with that as a specific ordinance to
be voted upon.
Mrs. Dougherty: Also, we would have to create the
districts, because they are attached to the ordinance.
Mayor Ferre: That would give Clark Merrill...would be
3` {
coming back with the ... he came up yesterday with some
drawings and some statistical information, but he didn't
have time to do it for today, so we would have to look at
that because one of the conditions is that we have those
districts clearly spelled out before and it would be part of
the ordinance.
{
Mrs. Dou
Dougherty:
g y: We're going to pay the manager.
"
Mayor Ferre: To make it totally constitutional and to make
it totally fool proof, court proof, the matter would have to
come up before this Commission at the next meeting, which
would be April 11th. Lucia, the second reading, if it were
to pass on first reading, would have to be 30 days later,
which would be in May.
Mrs. Dougherty: Yes.
Mayor Ferre: Which is plenty of time for July. Would the
Clerk tell me, or City Attorney tell me....?
Mrs. Dougherty: Sixty days, no less than 60, no more than
120.
Mayor Ferre: It has to be 60 days after, right?
Mrs. Dougherty: Right.
Mayor Ferre: Let's go by the sequence then. If it were to
pass on first reading in April 11th, second reading would be
May
9th to make it totally legal. That's not 30 days, but
F
is that all right?
sl 124 March 28, 1985
f f
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Mrs. Dougherty: Absolutely, absolutely, yes, sir.
Mayor Ferre: The second reading of this would have to be
May 9th. Is that right?
Mrs. Dougherty: Yes.
Mayor Ferre: Is that legal? It wouldn't be 30 days. We
can have second reading even if it's not 30 days.
Mrs. Dougherty: I don't think you have to have 30 days
between.
Mayor Ferre: I want to make sure now, because we don't
want to make any mistakes on this.
Mrs. Dougherty: No, you don't need to have 30 days.
Mayor Ferre: O.K., so the second reading would be May 9th.
That would be sufficient for us to have several public
hearings. If it were to be adopted then in final form May
9th, you would have to have it no less than 60 days?
Mrs. Dougherty: No less than 60, no more than 90.
Mayor Ferre: That means it would be in mid -July. So you
missed July uth, Joe. But the 60 days would be....
Mr. Carollo: We would have to have it at the end of June
then.
Mayor Ferre: No, couldn't do it, it has to be 60 days.
Sixty days from May 9th is July 9th, or 7th or 8th or
whatever it is, but it's in that first two weeks of July.
Mr. Carollo: We could still have it then and have enough
time for people to start....
Mayor Ferre: I would like to say that we may want to put
other things on, which we can discuss, with regards to....
Mr. Carollo: If the votes aren't there....
Mayor Ferre: What I'm looking for is for a way to have
somebody pay for the election and I think I have a way to do
that, so that the taxpayers of Miami will not be paying for
the election.
Mr. Carollo: The Miami Herald.
Mayor Ferre: We might have a vehicle, so that the people of
Miami, the taxpayers will not be paying for a special
election.
Mr. Plummer: What is the cost of a special election, Mr.
Clerk.
Mr. Ralph Ongie: It's about $80,000 to $859000.
Mr. Carollo: The other alternative that I have -but this
one is not liked- is to....
Mayor Ferre: We have to vote on this one.
Mr. Carollo: I know.
Mayor Ferre: If we get a second.
Mr. Carollo: There was no second, so....
sl
125
March 28, 1985
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Mayor Ferre: Well, I haven't asked the question yet. You
just finished making your motion and we're defining it.
I'll be asking for a second to the motion.
Mr. Carollo: What I did, Mr. Mayor, is I brought out the
changes I want to make. I haven't made a formal motion yet.
What I'd like to do is bring the other side of the coin and
my colleagues can choose whichever they prefer. The other
one is that you somehow, Mr. Mayor, would...what I find kind
of...what I don't want happen is this is why I mentioned
about having two years from the people in districts. I
think that it would be bad if everybody runs at the same
time. I think you should have half of the Commission
running one time and....
Mayor Ferre: Staggered terms.
Mr. Carollo: Yes, and then the other half, staggered terms
like we have now, absolutely.
Mayor Ferre: It couldn't be even because you have seven
Commissioners, so the way it would work....
Mr. Carollo: Yes, it could, because you would have the
Mayor and one Commissioner....
Mayor Ferre: The Mayor is not a member of the Commission
under that which you are proposing.
Mr. Carollo: But you still have to run.
Mayor Ferre: Of course, the staggered terms would be like
this. Two district Commissioners would run every two years.
In one of those staggered terms, you'd have two at large and
the other one you would only have one at large Commissioner.
The Mayor would then coincide with that, so it would be the
Mayor and one at large Commissioner. So there would always
be four people elected. You are correct. There are a lot
of details that have been ... I want to tell you that Lucia
and I and others have worked for many, many, many months
perfecting this thing. There are a lot of details, and I
recommend that you very carefully read this. I would like
to tell you that it is basically patterned after
Philadelphia. It is more like the Philadelphia and
Washington, D.C. form of government than any other
government. Atlanta is fairly similar. It is fairly
standard of modern charters of executive mayor form of
governments throughout America. There is nothing in this
that is new. There is nothing in here that is different.
There are other cities in America, many other cities, that
have provisions that are identical or similar.
All right, are we ready now to make the motion,
Commissioner?
Mr. Carollo: I am ready now to make the motion on first
reading.
Mayor Ferre: No, not first reading. It's a motion that
would then bring it back as a finalized, hopefully finalized
ordinance which we would vote on first reading at the next
meeting, which is April 11th.
Mr. Carollo: What we need to do is make sure that
everything else within that long transcripts fits in with
the changes we're making.
March 28, 1985
Mayor Ferre: You need to very carefully read S-1 and S-2
because they are very complex documents.
Mr. Carollo: Yes, they are.
Mayor Ferre: They are not things that were drawn in one
day. It took weeks and months of research, writing,
telephone calls, discussions with people to bring it down to
that. I want to make sure, there are a lot of things in
there. You have to be, they have to be expressly looked at.
I might remind you, just so that we understand each other,
that if we vote for this on first reading on April 11th, and
once we vote for it on second reading, it cannot be
substantially changed without starting the process all over
again, which means that you would miss the July date.
August is obviously a bad time to have the election and in
September, you're into the election process of the City of
Miami. So it's very important, Joe, and the other members
of the Commission, that you very carefully read this
document between now and April 11th.
Mr. Carollo: It's of the utmost importance and particularly
there are areas that we have to go over carefully in
salaries and everything else.
Mayor Ferre: It's very important that you sit down with
Lucia. Lucia, I hate to put this burden on you, but you're
going to have to go and knock on doors of the five members
of the Commission and make sure that you review the document
very carefully page by page, line by line, so that it is
clearly...because the less we change it April 11th... the
less we change it April 11th, the better off we're going t�
be.
Mr. Carollo: We all have to go over it very carefully, Mr.
Mayor. It's been so long and there are many things there
that we all have to look at again.
Mayor Ferre: At what time are we going to be hearing this
on April 11th? I think we should do it late afternoon or
evening so that if anybody wishes to speak, and I'm sure
there will be many speakers. We'll hear it at 6:00 o'clock.
Is that acceptable to everybody? There is a motion now. Is
there a second? Make your motion, Commissioner.
Mr. Carollo: The motion is, Mr. Mayor, as I stated, that
the administrative mayor form of government, or strong mayor
as some call it, would become effective November 185
together with the Commission to be enlarged to 7 members and
the Mayor. Three Commissioners will run at large.
Mayor Ferre: Joe, you've already made all that stuff, just
in other words....
Mr. Carollo: Four will run from districts.
Mayor Ferre: As you stated into the record.
Mr. Carollo: Two years for the ones from districts, four,
years for the ones that run at large, four years for the
Mayor.
Mayor Ferre: And with the other details as you specified in
your statement before.
Mr. Carollo: I think that's basically it.
Mayor Ferre: Well, this is a motion of intent, so it's
broad in scope. Is there a second to that motion? Is there
a second to the motion?
sl
127
March 28, 1985
A ,.
Mr. Carollo: No guts, no glory, guys.
Mayor Ferre: If you ... I'll second it for the purposes of a
vote, but I do think it's obvious...I think your problem is
the date, Joe. I think if you make it '87, you might....
Mr. Carollo: Mr. Mayor, as you have been in agreement with
me, people in Miami have been asking for a strong Mayor.
Mayor Ferre: But I don't know whether 185 is the time to do
it. I think you might be jeopardizing it. You might be
losing it by doing that. I would....
Mr. Carollo: I don't think so, Maurice. I'm in agreement
with what you said before.
Mayor Ferre: I don't think you're going to get three votes.
I'll second for the purposes, and then if you agree to make
it in 187, if that doesn't pass.
Mr. Carollo: It's kind of, you know, senseless to be voting
on something in 185 to come into effect in 187, two and a
half years from now.
Mr. Plummer: There is a motion made and duly seconded. Is
there further discussion?
Mayor Ferre: Yes, there is. I think it is important, Joe,
I got a sense that we're not going to get three votes on
this. I agree with you that this is what the will of the
people of Miami is at this time.
Mr. Carollo: I guarantee you it'll pass.
Mayor Ferre: I want to tell you that I think it is
important that it pass, but I think that if we don't get it
in '85, I would suggest that we put it on now for
implementation in 187 and I think that we might get three
votes on that. So anyway, let's....
Mr. Plummer: Is there any further discussion?
Mayor Ferre: I'm willing to take a chance.
sl
128
March 28, 1985
l
Mr. Plummer: Call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-358
A MOTION DIRECTING THE CITY ATTORNEY TO
PREPARE THE FOLLOWING CHANGES CONCERNING
PROPOSED CHARTER AMENDMENTS FOR
IMPLEMENTATION OF EXECUTIVE MAYOR FORM OF
GOVERNMENT AND THE EXPANSION OF COMMISSION
MEMBERS AS FOLLOWS:
1- THAT THE COMMISSION IS TO BE EXPANDED TO
SEVEN MEMBERS PLUS THE MAYOR; FOUR TO BE
ELECTED FROM DISTRICTS AND THREE AT
LARGE;
2- THAT THE TERMS SHALL BE AS FOLLOWS:
MAYOR FOUR YEARS; FOUR COMMISSION
MEMBERS ELECTED FROM DISTRICTS FOR TWO
YEARS; AND THREE ELECTED AT LARGE FOR
FOUR YEARS; AND THAT THE TERMS BE
STAGGERED;
FURTHER DECLARING THE INTENT THAT THIS
AMENDMENT SHALL BE PLACED ON THE JULY 1985
BALLOT AT A SPECIAL ELECTION WITH AN
EFFECTIVE DATE OF NOVEMBER 1985 IF APPROVED
BY THE ELECTORATE.
Upon being seconded by Mayor Ferre, the motion was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio Perez, Jr.
ABSENT: None.
------------------------------------------------------------
NOTE FOR THE RECORD: Although voting against the motion,
Commissioner Dawkins later changed his vote to the
affirmative.
----------------- ------------- -------------- --------- - ------
DURING ROLL CALL:
Mr. Perez: No, when I vote no, I want to make clear for the
record that I am completely in favor of the concept, I
support the concept of the executive Mayor. I think it's
the best concept for this community. But I don't think this
is the proper time. I think that today we are appointing a
new City Manager in this community. I would like to have
more time and I would like to have ... I think that we have
waited several years, I think we have enough time to wait
for that decision. For that reason, I vote no.
Mr. Carollo: Plummer, you always wanted it. Wait a minute.
Don't mark that down, Mr. Clerk. Let's not rush it. You
always wanted, as Maurice said, to be a strong Mayor.
Mr. Plummer: But not under these terms and conditions.
Mr. Carollo: Make my day, Plummer, make my day.
Mayor Ferre: O.K., Smoky, are you up for the next one?
Mr. Carollo: The next one, Mr. Mayor.
Mr. Dawkins: I'll change my vote to yes.
March 28, 1985
�''
Mr. Plummer: What?
Mr. Dawkins: I'll change my vote to yes for the first
reading.
Mr. Ongie: This is a motion of intent.
Mayor Ferre: It's a motion of intent. It's not first
reading.
Mr. Carollo: It's a motion of intent. We got three votes
for it.
Mayor Ferre: Actually the motion of intent doesn't mean
that you can't change it on first reading.
Mr. Carollo: It doesn't mean you can change it.
Mayor Ferre: It doesn't mean you can change it, it doesn't
mean you can. The fact is that you can change it. Once we
vote on it on April 11th, we cannot change it without
delaying the whole process 30 days. Miller, we would have
the opportunity between now and then, if we want to go to an
187 implementation to do so, if that's the will of the
majority.
Mr. Carollo: Or even before considering 187, what we could
do is consider putting it on the ballot on November of 185,
implementing it in November 186, as the Mayor had previously
suggested.
Mayor Ferre: No, I hadn't suggested putting it on the
ballot in November. I would rather not have it on the
is ballot this November. I do not mind having it on the ballot
in July. November....
Mr. Carollo: Well, then let's go for it, guys. June of 85,
implemented on November of 185.
Mayor Ferre: As I understand the record here, so we can
make it perfectly clear. Commissioner Dawkins has changed
his vote. Under parliamentary procedure, to make it totally
legal, that must be with the consent of the body. So I ask
if anybody has any objections to the change of Commissioner
Dawkins' vote?
Mr. Carollo: J.L., do you have any objections? He has
none.
Mayor Ferre: Let the record reflect that there are no
objections, and therefore, the vote, as I understand it is
the Ayes are Carollo, Dawkins, and Ferre.
Mr. Ongie: Right.
Mayor Ferre: The noes are Perez and Plummer. Is that
correct, Mr. Clerk?
Mr. Ongie: Yes, sir.
Mayor Ferre: Is there anything else to come up before this
body at this time? I would like to make one statement so
that this is not misunderstood. I don't want this in any
way to be a reflection on Sergio Pereira,
Mr. Carollo: Of course not.
Mayor Ferre: Sergio Pereira is an exceptionally qualified
individual to be City Manager. We appointed him today. It
sl 130 March 28, 1985
A
is to be understood and when I first discussed this with
Sergio Pereira, I told him that it was my intention to put
this on the ballot this year, if I could get two more votes
and it was sustained and read in first and second ordinance.
He understood that was the case. He understood that it
might be an executive officer, what's the title, under the
charter?
Mrs. Dougherty: Director of the administration.
Mr. Carollo: Chief of staff.
Mayor Ferre: That he might end up being director of
administrator, he understood that when he accepted the job,
so I want the record to reflect there is no question as to
how we were doing this. The date of 1985, I think might be
a surprise for him, but as Merritt Stierheim says....
Mr. Plummer: What the hell, he's guaranteed a year's pay.
What the - hell.
Mr. Carollo: No, because if he's transferred from Manager
to Chief of Staff it's the same thing. I'm sure that anyone
that would be the next Mayor would keep someone as capable
as Sergio is.
Mayor Ferre: I would like to, so we don't get into a big
argument, this document S-1 and S-2 that you have, with some
modifications that you've had now for several months in this
version more or less, if there is a move to change this
document substantially, and I say that very advisedly, I
might vote against the document unless it's something that
is a standard operating procedure in another American city.
I don't want any new inventions. There are enough city
charters available around the country that function. I want
to repeat for the record that there is nothing in this
charter that is revolutionary; that is different from
sections that exist in other city charters around the
country. Is that right, Lucia? Into the record.
Mrs. Dougherty: Yes, sir, Mr. Mayor.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING VAS ADJOURNED AT T:44 P.M.
ATTEST:
Ralph G. Oogie
CITY CLERK
Natty Hirai
ASSISTANT CITY CLERK
.
sl
Maurice A. Ferre
M A Y O R
i� IpE06r 0QATE�1 Y?
O i! Oa
131 March 28, 1985
1
JT4vro F m-; ml
DOCUMENT
MEETING DATE
MARCH 28,1985
INDEX -
COMMISSION RETRIEVAL
ITE!! NO DOCUMENT IDENTIFICATION I AET?MN AND cenr Ne_
RATIFY LETTER OF INTENT BETWEEN CITY OF MIAMI
AND FLORIDA INTERNATIONAL UNIVERSITY REGARDING
DEVELOPMENT AND ESTABLISHMENT OF MAJOR HIGH-
TECH RESEARCH AND DEVELOPMENT CENTER IN CITY
OF MIAMI. APPROVE IN PRINCIPLE THE ESTABLISH-
MENT OF A FACILITY IN THE HOSPITAL AREA ON
THE SITE OF THE MUNICIPAL JUSTICE BUILDING
AND JAIL.
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH MARILYN F. REED FOR PROFESSIONAL CONSUL-
TANT SERVICES CONCERNING LEGISLATIVE AND
ADMINISTRATIVE ACTIVITY WHICH IMPACTS THE
EXERCISE OF JURISDICTION BY THE CITY. ALLOCATE
$19,000. FOR SUCH SERVICES; ETC.....
AUTHORIZE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH M. ATHALIE FOR PROFESSIONAL LEGISLATIVE
CONSULTANT SERVICES CONCERNING LEGISLATION
WHICH IMPACTS ON THE CITY OF MIAMI AND ITS
CITIZENS. ALLOCATE $20,000. FOR SUCH SERVICES;
ETC.....
AUTHORIZE THE COCONUT GROVE ARTISTS GROUP
TO HOLD A SIDEWALK ART SHOW ON COMMODORE
PLAZA APRIL 16, 1985; ETC...
INSTRUCT CITY MANAGER TO FIND A SOURCE OF
FUNDING FOR A PROPOSED GRANT ALLOCATION OF
$15,000. IN SUPPORT OF THE MIAMI HOUSING
COOPERATIVE FORUM TO BE HELD IN JUNE 1985.
URGIN AND REQUEST SOUTHERN BELL TO INFORM
ITS CUSTOMERS THROUGH A GENERAL MAILING DIS-
TRIBUTION TO SAID CUSTOMERS, OF THE MARCH
21, 1985 ACTION BY THE INDIVIDUAL MEMBERS OF
THE CITY COMMISSION VOTED TO DENY THE CITY
ADMISTRATION'S REQUEST FOR AN AMENDMENT TO
CITY CODE PROVISIONS PERTAINING TO TELEPHONE
SERVICES TAXES; ETC.....
EXPRESS DEEPEST SYMPATHY/SINCEREST CONDOLEN-
CES ON BEHALF OF THE CITY OF MIAMI AND ITS
CITIZENS TO THE FAMILY/FRIENDS OF MIAMI POLICE
OFFICER JACK DOMM UPON HIS TRAGIC DEATH.
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OCU�iE�i'•I�DE�
D
CaNri�UED
DOCUMENT IDENTIFICATION
SUPPORT THE 7TH. ANNUAL COCONUT GROVE BED
RACE, TO BE HELD MAY 19, 1985, CO -SPONSORED
BY THE MUSCULAR DYSTROPHY ASSOCIATION AND
THE CITY OF MIAMI, DEPARTMENT OF PARKS/RECREA-
TION. FURTHER ALLOW THE SALE OF BEER AND
WINE FOR ONE DAY PERIOD AND AUTHORIZE CITY
MANAGER TO EXECUTE ONE DAY CONCESSION AGREEMENT
WITH M.D.A.; ETC...
ISSUE MAJOR USE SPECIAL PERMIT; APPROVE,
WITH CONDITIONS , PHASES II AND III OF LEJEUNE
CENTRE PROJECT (780 NORTHWEST 42ND. AVE.
DIRECT CITY CLERK TO SEND COPIES OF THE HEREIN
RESOLUTION TO AFFECTED AGENCIES AND THE DEVELO-
PER.
ACCEPT THE PLAT "DOWNTOWN GOVERNMENT CENTER
FIRST ADDITION", AND THE DEDICATIONS SHOWN
ON SAID PLAT. AUTHORIZE/.DIRECT CITY MANAGER/
CITY CLERK TO EXECUTE THE PLAT; ETC....
ACCEPT THE PLAT "CULMER STATION"
DEDICATIONS SHOWN ON SAID PLAT;
DIRECT CITY MANAGER/CITY CLERK TO
THE PLAT; ETC....
AND THE
AUTHORIZE/
EXECUTE
ACCEPT BID OF A. B. DICK COMPANY TO FURNISH
ONE ELECTRONIC PAPER CUTTER TO THE DEPARTMENT
OF BUILDING/VEHICLE MAINTENANCE AT A TOTAL
COST OF $13,499.43. AUTHORIZE CITY MANAGER
TO INSTRUCT ASSISTANT CHIEF PROCUREMENT OFFI-
CER TO ISSUE A PURCHASE ORDER FOR THIS EQUIP-
MENT.
ALLOCATE $5,000. OF GENERAL FUNDS: S P AND
A C F TO THE WYNWOOD ELDERLY CENTER TO PROVIDE
A 20% LOCAL MATCH TO PURCHASE TWO 15 PASSENGER
VANS THROUGH THE FLORIDA DEPARTMENT OF TRANS-
PORTATION SECTION 16 (B) (2) PROGRAM. AUTHORI-
ZE CITY MANAGER/CITY ATTORNEY TO ENTER INTO
AGREEMENTS WITH THE AFOREMENTIONED AGENCY.
ACCEPT THE BID OF INTERAMERICAN CAR RENTAL
INC. TO FURNISH SIX FIFTEEN - PASSENGER VANS
ON A SHORT TERM LEASE BASIS (10 WEEKS) TO
THE DEPARTMENT OF BUILDING AND VEHICLE MAINTE-
NANCE, ($.11, 9,4 0 )� , ETC.....
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Do CUMENTaI
CONTINUED
DOCUMENT IDENTIFICATION
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO ENTER
IN AN AGREEMENT WITH THE OVERTOWN ECONOMIC
DEVELOPMENT CORP. INC. TO IMPLEMENT THE RENOVA-
TION TO CULMER CENTER; FURTHER DEFINE ROLES
AND RESPONSABILITIES OF THE CITY AND THE
CORPORATION IN CONNECTION WITH THIS PROJECT.
CLOSE/VACATE/ABANDON/DISCONTINUE THE PUBLIC
USE OF SOUTHWEST MIAMI AVE. ROAD LOCATED
WEST OF THE WEST RIGHT -OF WAY LINE OF SOUTH
MIAMI AVE. AND NORTH OF THE NEW ROAD ALIGN-
MENT FOR SOUTH MIAMI AVE. ALL AS A CONDITION
APPROVAL OF PLAT #1248 "HOOKER AND SISKIND
SUBDIVISION".
WAIVE REQUIREMENTS/PROHIBITION CONTAINED
IN CITY CODE SECTION 2-302. AUTHORIZE CITY
ATTORNEY TO ENGAGE LEGAL SERVICES OF JOSE
GARCIA-PEDROSA OF THE LAW FIRM OF FINLEY,
KUMBLE, WAGNER, HEINE, UNDERBERG, MANLEY
AND CASEY TO HANDLE PENDING LITIGATION IN
THE CASE OF BRICKELLBANK SAVINGS ASSOCIATION;
ETC......
SELECT P CERTIFIED PUBLIC ACCOUNT FIRM AND
APPOINT ADDITIONAL MEMBERS TO A REVIEW COMMITTE
TO ANAL IZE/EVALUATE A APROPOSAL FOR A UNIFIED
DEVELOPMENT PROJECT OF CULTURAL/RECREATION/
AND ENTERTAINMENT FACILITIES LOCATED OF 68-
ACRE LAND PARCEL ON CITY -OWNED WATSON ISLAND;
ETC......
WAIVE COMPETITIVE BID REQUIREMENTS AND AUTHORI-
ZE EMERGENCY PURCHASE OF SERVICES FROM BELAFON-
TE TACOLCY CENTER (BTC) TO PROVIDE FOR THE
ADMINISTRATION AND OPERATION OF THE JTPA
TITLE II B SUMMER YOUTH EMPLOYMENT/TRAINING
PROGRAM (SYETP) BY SAID ORGANIZATION; ETC....
ACCEPT BID OF TRADEWINDS OUTDOOR FURNITURE
CORP. TO FURNISH 500 CONCRETE TRASH RECEPTA-
CLES ON A SHORT TERM CONTRACT BASIS TO THE
DEPARTMENT OF SOLID WASTE AT A TOTAL COST
OF $169,500., ETC...
APPROVE THE FORM OF THE PRELIMINARY OFFICIAL
STATEMENT PERTAINING TO $33,000,000. CITY
OF MIAMI, FLORIDA, GENERAL OBLIGATION BONDS
AND AUTHORIZE THE DISTRIBUTION OF PRELIMINARY
OFFICIAL STATEMENT TO THE PURCHASERS OF
SUCH BONDS; FURTHER AUTHORIZE THE MAYOR
TO EXECUTE THE FINAL OFFICIAL STATEMENT PERTAI
NING TO SUCH BONDS.
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DOCUEN.-TIEDY
CONTINUED
DOCUMENT IDENTIFICATION
FIX CERTAIN DETAILS CONCERN $5,000,000. POLI-
CE HEADQUARTERS AND CRIME PREVENTION FACILI-
TIES BONDS, $8,000,000. SANITARY SEWER SYSTEM
BONDS $9,000,000. STORM SEWER IMPROVEMENT
BONDS AND $6,000,000. STREET AND HIGHWAY
IMPROVEMENT BONDS OF THE CITY OF MIAMI, FL.,
DIRECT PUBLICATION OF NOTICE OF SALE OF SAID
BONDS.
WAIVE REQUIREMENTS/PROHIBITION CONTAINED IN
CITY CODE SECTION 2-302. AUTHORIZE CITY ATTOR-
NEY TO ENGAGE LEGAL SERVICES OF JOSE GARCIA-
PEDROSA OF THE LAW FIRM OF FINLEY, KUMBLE,
WAGNER HEINE, UNDERBERG, MANLEY AND CASEY
TO HANDLE PENDING LITIGATION IN THE CASE
OF BRICKELLBANC SAVINGS ASSCIATION; ETC....
APPOINT: SERGIO PEREIRA AS CITY MANAGER AND
SETTING FORTH THE COMPENSATION BENEFITS AND
EMOLUMENTS TO BE RECIEVED BY SERGIO PEREIRA
AS CITY MANAGER OF CITY OF MIAMI, FLORIDA.
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