HomeMy WebLinkAboutCC 1985-02-28 Minutes18
CLARIFY RECORD CONCERNING CO -DESIGNATION OF
STREETS.
DISCUSSION
18
19
DISCUSSION: TAXICAB STAND IN FRONT OF TRINITY
CATHEDRAL.
DISCUSSION
18
20
CLAIM SETTLEMENT: HUMBERTO MARCHENA, JR.
R-85-180
19
21
DISCUSSION AND TEMPORARY DEFERRAL: MIAMI DADE
TOURISM AND TRADE COMMISSION REQUEST FOR
FUNDING.
DISCUSSION
19-21
22
FIRST READING ORDINANCE: AMD. ART 159 SPI
SPECIAL PUBLIC INTEREST DISTRICTS NEW SECTION
15150 SOUTHEAST OVERTOWN PARK WEST OVERLAY
DISTRICT& SPI 169 16.19 16.2
1ST READING
21-26
23
PROPOSED ORDINANCE: AMEND SEC. 2026 ORD. 9500
SIGNS, BILLBOARDS, SPACING, HEIGHTS ETC. ALONG
LIMITED ACCESS HIGHWAYS.
M-85-181
M-85-182
M-85-183
M-85-184
26-60
24
INSTRUCT CITY ATTORNEY TO RESEARCH PLACEMENT OF
NEWSPAPER RACKS ON PUBLIC PROPERTY, PERMIT FEES,
ENFORCEMENT, ETC.
M-85-185
60-63
25
DISCUSSION: VENDORS AT STREET INTERSECTIONS -
PUBLIC HAZARDS
DISCUSSION
63
26
CHANGE DATE OF MARCH COMMISSION MEETINGS.
R-85-186
63-65
27
DISCUSSION AND LETTERS RECEIVED FROM FIRMS
REQUESTING EXTENSION OF R.F.P.'S ON WATSON
ISLAND.
DISCUSSION
65-76
28
REQUEST FOR FINAL APPLICATION MAJOR USE PERMIT
LEJEUNE CENTER PROJECT -DEFERRED FOR COMMISSION
INSPECTION.
DISCUSSION
76-79
29
FIRST READING ORDINANCE. APPLY HC-I GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE
INGRAHAM BUILDING.
1ST READING
79-80
30
FIRST READING ORDINANCE. CHANGE ZONING
CLASSIFICATION, 4141 N.E. 2ND AVENUE FROM CG-2/7
TO SPI-8
1ST READING
80
31
FIRST READING ORDINANCE. CHANGE ZONING
CLASSIFICATION 5631 N.W. 7 STREET FROM CG-2/7 TO
SPI-8
1ST READING
82-85
32
DISCUSSION AND DEFERRAL. REQUEST FOR CHANGE OF
ZONING CLASSIFICATION CULMER AREA, ETC.
DISCUSSION
85-87
33
DISCUSSION AND REQUEST FOR CHANGE OF ZONING
CLASSIFICATION 601-651 N.W. 57 COURT FROM RS-2/2
TO RO-1/2 DENIED REFUND OF FEES AND APPLICATION
WITHDRAWN BY APPLICANT.
M-85-188
87-96
34
UPHOLD RECOMMENDATION OF PLANNING DEPARTMENT AND
DENY REQUEST FOR CHANGE OF ZONING: 2900-2930
N.W. 23RD AVENUE, 2301-2331 N.W. 29TH STREET AND
2326 N.W. 30TH STREET FROM RG-1/3 TO RG-2/5.
M-85-189
96
35
APPROVE CONFIRM ACTION OF CITY MANAGER IN
EXECUTION OF LOAN AGREEMENT TO G.U.T.S.-GRAND
AVENUE/DOUGLAS ROAD REDEVELOPMENT PROJECT.
R-85-190
97
36
CITY-WIDE OFFSITE AFFORDABLE HOUSING COMMITTEE
THROUGH DEVELOPER CONTRIBUTIONS.
R-85.-191
97-101
.,
37
CITY WIDE INDUSTRIAL LAND USE NEEDS STUDY;
AUTHORIZE R.F.P.'S.
R-85-192
102
P
"
38
AUTHORIZE INCREASE IN SCOPE OF CONTRACT. BETTER
CONSTRUCTION FOR CONSTRUCTION OF JOSE MARTI
RIVERFRONT PARK.
R-85-193
103
39
ALLOCATE $62,085 TO JESCA FOR AGENCY
w
NEIGHBORHOOD ANTICRIME PROGRAM.
R-85-194
103-106
40
AUTHORIZE AGREEMENT WITH HUD FOR UDAG ACTION
GRANT FOR REDEVELOPMENT OF BAYFRONT PARK.
R-85-196
107
41
ALLOCATE $139000 FOR COLOR AD JET MAGAZINE.
R-85-196
108
42
FORMALIZING RESOLUTION. ALLOCATE $12,500 IN
SUPPORT OF CONFERENCE ENTITLED "THE FUTURE OF
URBAN AMERICA" CHALLENGES AND OPPORTUNITIES".
R-85-197
109
43
EMERGENCY ORDINANCE. AMEND SEC. 54-100 OF THE
CODE DELETE REFERENCE TO FLAGLER STREET OVERLAY
DISTRICT, RESTAURANT ARCADES, ETC.
ORD. 9962
109-113
43.1
AUTHORIZE REVOCABLE PERMIT TO FLAGLER STATION
LTD. RESTAURANT ARCADE AT KRESS CENTER.
R-85-198
113-1
44
SECOND READING ORDINANCE: AMEND ART. 28 MAJOR
USE SPECIAL PERMITS DELETE SUBSECTIONS 2802.2,
2808.2.1, 2802.2.2 AND 2802.2.3
ORD. 9963
115
"`-
45
SECOND READING ORDINANCE. AMEND ARTICLE 28
SPECIAL USE PERMITS. ZONING BOARD TO MAKE
RECOMMENDATIONS IN REZONINGS, VARIANCES AND
r•..
SPECIAL EXCEPTIONS ASSOCIATED WITH MAJOR USE
SPECIAL PERMITS.
ORD.9964
116
46
FIRST READING ORDINANCE: AMEND ARTICLE 6 PD—H
f,
PLANNED DEVELOPMENT HOUSING DISTRICTS, ARTICLE
12, PD—MU, ART. 15 SPECIAL PUBLIC INTEREST
DISTRICTS. ETC.
1ST READING
116-120
47
FIRST READING ORDINANCE: AMENDMENT L. ORDINANCE
;` ;•.
9500 OFFICIAL SCHEDULE OF DISTRICT REGULATIONS.
1ST READING
120-121
u
48
DISCUSSION OF PROPOSED DADE COUNTY SHORELINE
DEVELOPMENT REVIEW ORDINANCE —OPPOSING.
R-85-199
122
49
DISCUSSION. SUPERBOWL COMMITTEE —COUNTY WANTS
fi
JOINT MEETINGS WITH CITY TO DISCUSS AREAS OF
MUTUAL CONCERN.
DISCUSSION
124
=�
50
FIRST READING ORDINANCE. ESTABLISH NEW CAPITAL
IMPROVEMENT PROJECT BAYFRONT PARK REDEVELOPMENT
•
UDAG, APPROPRIATE FED FUNDS $69013,000.
1ST READING
124
51
AUTHORIZE AGREEMENT. HAITIAN TASK FORCE TO
'
CONTINUE IMPLEMENTATION OF NEIGHBORHOOD ECONOMIC
DEVELOPMENT PROGRAM.
R-85-200
125
52
AGREEMENT. CHESAPEAKE GROUPt INC. MARKET
FEASIBILITY STUDY BUSINESS EXPANSION AND
-
COMMERCIAL OPPORTUNITIES IN WYNWQOD AREA.
R-85-201
126
a
53
DISCUSSION AND DEFERRAL. USE OF GLASS HOUSE IN
=Y,
PEACOCK PARK.
DISCUSSION
127
;;.
,
54
CONFIRM APPOINTMENT OF DAVID WEAVER TO OFF
N!.
STREET PARKING BOARD.
R-85-202
128
=r
55
APPOINTMENT OF PERSONS TO LATIN QUARTER REVIEW
_.,
BOARD.
R-85-203
131
1
56
APPOINTMENT TO THE ZONING BOARD.
R-85-204
132
57
READVERTISE OTHER VACANT POSITIONS TO ZONING
BOARD.
M-85-205
133
xkR
58
REAPPOINT HERBERT LEE SIMON TO PLANNING ADVISORY
BOARD. DEFER OTHER TWO APPOINTMENTS TO MATER
MEETING.
R —85-206
134
M-85-207
59
DISCUSSION ITEMS: CITY MANAGER REPORTS OF FUNDS
REMAINING. CITY MANAGER REPORTS OF TALK WITH
STUART SORG.
DISCUSSION
136
60
REQUEST FOR PROPOSALS —DOWNTOWN DEVELOPMENT PLAN
OR A DEVELOPMENT OF REGIONAL IMPACT CATEGORY C
PROJECT.
R-85-208
137
61
DISCUSSION AND DEFERRAL. REQUEST FOR WAIVER OF
TIME ON FILL IN CONNECTION WITH BAYSIDE PROJECT.
DISCUSSION
138
62
FILE CLAIMS OR COUNTERCLAIMS TO PROTECT THE CITY
INTEREST —LITIGATION CONCERNING WORLD TRADE
CENTER PARKING GARAGE AND AUTHORIZE LEGAL
COUNSEL.ETC.
R-85-209
139
63
APPOINTMENT TO PLANNING ADVISORY BOARD.
—85 R —210
141
64
AUTHORIZE REDUCTION OF TIME ETC FOR NOTICE OF
INVITING BIDS BAYFRONT PARK REDEVELOPMENT
PROJECRT—BAYWALK PHASE I.
R-85-211
141
65
SECOND READING ORDINANCE: AMD. M ARTICLE 20
GENERAL AND SUPPLEMENTARY REGULATIONNSpETC.
ORD. 9965
142
66
COMPLAINTS IN AREA OF N.W. CORNER OF 8TH AVENUE
AND FLAGLER STREET —REFERRED TO THE CITY MANAGER.
143
67
ALLOCATE $4j000. TO UPGROVE THEATRE PERFORMANCE
PROGRAM.
m-85-212
144
68
REPORT OF KORN AND FERRY. INTERVIEW LOCAL
CANDIDATES IN SAME MANNER AS OUTSIDE CANDIDATES
WERE INTERVIEWED.
M-85-213
145-14T
69
DISCUSSION. SENATOR ROBERTA FOX WILL BE
INTRODUCING LEGISLATION TO PURCHASE PROPERTY
NEXT TO BARNACLE FOR STATE PARK.
DISCUSSION
148
rs
70
PUBLIC HEARING. REQUEST FOR WAIVER OF TIME
LIMITS PERTAINING TO PROPERTY 3471 MAIN HIGHWAY
KNOWN AS COMMODORE PLAZA. GRANTED REQUEST
APPRAISALS OF PROPERTY.
M-85-214
M——215
14885—167
p3 —
a.�dx
n¢
MINUTES OF REGULAR MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
t
It f !
On the 28th day of February, 1985, the City Commission
"?
~"
of Miami, Florida, met at its regular meeting place in
Pan American Drive, Miami, Florida
the
in
City Hall, 3500
regular session.
The meeting was called to order at 9:16 O'clock A.M.
by
the
Mayor Maurice A. Ferre with the following members of
Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
4
ALSO PRESENT:
Randolph B. Rosencrantz, City Manager
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
ABSENT:
Vice -Mayor Joe
Carollo
r
Commissioner Demetrio
Perez, Jr.
z
An invocation
was delivered by Mayor Ferre who then led
N,a
those present in a
pledge of allegiance to the flag.
--
---- -------------
- -
-- --------------------------------
- - -
{
1 PRESENTATIONS,
PLAQUES, PROCLAMATIONS A SPECIAL ITEMS
O _
..
r,-------------
r 1 Commendation presented to police officer Jose Perdomo,
s the Most Outstanding Officer of the Month (January
1985).
2 Presentation to the City made by Dr. Jaime Santamaria,
on behalf of the Mayor of Burgos, Spain. Also present,
Rev. Martin Anorga and Rev. Antonio Ramos.
NOTE FOR THE RECORD: Commissioner Demetrio Perez entered
meeting at 9:20 A.M.
3 Commendation presented to Fred Borman, of Borman
Chevrolet (son of former astronaut Frank Borman) for his
donation of the trophies for all cultural and sports
events during dedication of the Jose Marti Park.
4 Proclamation declaring the week of March 3 to 99 1985 as
"Save Your Vision Week." Presented to Dr. Allyn
Jacobson, President of the Dade County Chapter of the
Optometric Association.
5 Commendation presented to Telemundo Cable; accepted by
Luis Diaz, General Manager and Nestor Penedo, Technical
Director.
sl 1 February 28, 1985
— — — — — — -- -- — — — — — — — — -- — — — — -- — — — -- ---- — — — — — -- -- — — — — — — -- —.r— —
2 DISCUSSION: CLEANUP OF LITTER IN OVERTOWN ON 8TH, 9TH9 AND
10TH STREETS
Mr. Dawkins: I have two pocket items. One deals with the
Overtown clean-up, which is to be sponsored Saturday, March 16th.
I would hope that Miami City Sanitation Department would provide
pick up for the litter that's being picked up on 8th, 9th, and
10th streets. I doubt seriously that they are going to find any
cans, because the people over there collect cans themselves, but
there is quite a bit of litter that needs to be picked up. I
will be pushing it and I'm hoping the City of Miami will also
help.
3 URGE SOUTHERN BELL TO EXPEDITE CALL WAITING AND CALL
FORWARDING SERVICE IN AREAS OF CITY NOT PRESENTLY SERVED
------------------------------------------------------------
Mr. Dawkins: The second item I have is a resolution that I
received a number of letters. I'm sorry, are the Bell Telephone
people here? Mr. Mayor, I got two or three calls from people who
say that they are not getting the services needed. So, I'd like
to pass a resolution urging Southern Bell to expedite the
installation of facilities that may be necessary to provide the
call waiting and call forwarding services featured to all
subscribers and customers of Southern Telephone Service who
reside in the City of Miami, further directing the City Clerk to
k
send a copy of this resolution to certain designated entities.
That is in the area around the Omni, in the 576 exchange and the
i
573 exchanges, they have not in five years been able to get the
—V
call hold and call waiting; so I would like to move this
..:
resolution, please.
w
�.
Mayo Ferre: Is there a second?
k:
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
_
;',,:
RESOLUTION NO. 85-168
�r
A RESOLUTION
URGING SOUTHERN BELL TO EXPEDITE THE
INSTALLATION
OF FACILITIES THAT MAY BE NECESSARY
TO PROVIDE
THE "CALL -WAITING" AND "CALL-
FORWARDING"
SERVICE FEATURES TO ALL SUBSCRIBERS
AND CUSTOMERS
OF SOUTHERN BELL TELEPHONE SERVICE
WHO RESIDE
IN THE CITY OF MIAMI; FURTHER
DIRECTING THE CITY CLERK TO SEND A COPY OF THIS
RESOLUTION TO
CERTAIN DESIGNATED ENTITIES.
xF
(Here follows
body of resolution, omitted here
and on file
in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution
Y:
was passed and adopted
by the following vote -
a
AYES: Commissioner
Miller J. Dawkins
Commissioner
J. L. Plummer, Jr.
4
sl
2 February 28, 1985
a
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
4 ADSOT LUISR LOPEZ V EASYLUM GRANT POLITICAL
AND ALEJANDRO CALLEJAS MHO
SALRECENTLY FLED
SAL ,
CUBA
Mr. Perez: Mr. Mayor, I have two or three pocket items. First,
I would like to present a resolution this morning in reference to
the situation of three Cubans requesting asylum here, the United
States. I would like, if possible, to recognize first to Mr.
Armando Perez Roura, who is the chairman of that committee and is
here with three Cubans that the names are Luis Lopez, Eric
Salado, and Alejandro Callejas. I would like to have the
opportunity to recognize them.
Mayo Ferre: Can we get a translator? Let me say that I have
received a letter, as I'm sure, all of us have, from Manuel de
Varona, president of the Junta Patriotica Cubana, asking that the
City of Miami Commission take a position formally in this
request. Oh, I didn't see Dr. de Varona; I apologize. I'd like
to recognize the president of the Junta Patriotica, Dr. Manuel A.
de Varona, who is accompanied here by a group of distinguished
Cubans.
Mr. Armando Perez Rogra: Nosotros queremos agradecer
publicamente a esta honorable Comision.
Mr. Aurelio Perez-Lugones(TRANSLATING FOR MR. VARONA): We want
to thank publicly this honorable Commission which is receiving us
today and that this resolution be adopted favoring the young
men, Salado, Lopez, and Calleja, who have not committed any
crimes. They have come over here to lands of liberty fleeing the
communist oppression. They came here as many hundreds of Cubans
have come, many of whom occupy high positions in the government
of the United States and in different positions of the State
Legislature and Commission of the City of Miami. These young men
represent the best of our youth. Not only they confront the risk
of being deported to Cuba for a crime they have not committed,
because the apostles of Jefferson in the declaration of
independence of the United States speaks clearly that when the
freedom of the citizens is not recognized and its human rights,
he has the right to fight for them. Besides the confront other
dangers even if they are not deported to Cuba if they are not
given political asylum besides being in front of a grand jury, a
precedent that we, Cubans, are not willing to accept, and we are
going to fight to avoid the compromise of the liberty of Cuba.
Today, under a communist regime, which has not only subverted the
order in our country for 26 years, it is also subverting the
order in all Central America. To conclude, I want to thank the
Commission of the City of Miami and especially the Commissioner
Demetrio Perez who extended this invitation to us for the
resolution he has presented to you and at the same time to say
that you will know how to defend with this step the liberty, not
only of the United States, but the liberty of more than one half
of the world, because there are 150,0009000 people that suffer
from communism. The man to my left, Dr. Manuel Antonio de
Varona, we consider him by the exiles as the highest exponent of
our anxiety for liberty, and if he wants to explain some more
about this case.
sl 3 February 28, 1985
' Mr. Manuel A. de Varona: Yo saludo a la Comision de Miami.
Mr. Perez-Lugones: I salute the Commission of Miami. I think
that after what Perez Rogra has expressed, it would be only
taking time from those that are here present and the Commission,
u; what I ask is try to avoid that a grand jury judge that these
people who have not committed any crime face the risk of being
sent to Cuba.
Mr. Perez: Mr. Mayor, I have a resolution that I would like to
present after the words of Armando Perez Rogra and Dr. Manuel
Antonio de Varona. This resolution, first, I would like to
remind an old phrase that says that liberty lies in the heart of
men and women when it dies there. I think that liberty has not
died in the hearts of these three young Cubans. I would like to
€: present this resolution that says whereas Eric Salado, Luis Lopez
and Alejandro Callejas are three young Cubans presently slated
r for deportation to their native land. Whereas, these young men
have been accused by the Cuban Government of stealing the boat
which was used solely as their means of escape from oppression
and with no intention of permanently depriving the owner of its
value and which boat its value was immediately returned to Cuban
despite the absence of diplomatic relations between the United
: States of America and Cuba; and whereas, the totalitarian
government of Cuba that is accusing the three youths is thee same
�- properties owned by American
government which appropriated vast
citizens with no remuneration being paid at the time of
' appropriation. Now, therefore, be it resolved by the Commission
of the City of Miami, first, the federal government is hereby
requested to grant political asylum to Eric Salado, Luis Lopez
Fi
and Alejandro Callejas who fled oppression in Cuba as did many
;(
r others by commandeering a boat used solely for the means of
A escape, further, the federal government is urged to consider such
action by these three individuals as non -criminal in nature by
reason of the absence of. malicious intent on their part and in
view of the Cuban communistic government's past confiscation of
w properties of American citizens without compensation or
£,
remuneration at the time of such confiscation. The City Clerk is
" her directed to send a copy of this resolution to the U.S.
Attorney and the Chief Judge of the U.S. District Court for the
Southern District of Florida and well as thee Miami District
Director of the U.S. Immigrations and Naturalization Service and
4
{K` the U.S. Secretary of State. That is the resolution.
�... Mayor Ferre: Is there a second?
Mr. Plummer: Second.
s
Mayor Ferre: Further discussion?
1x °` Mr. Perez: I want to make clear for the record that the
x l'. assistance of Vice Mayor Carollo want to make public that
{�3 Commissioner Carollo will like to vote on this issue during the
k c day in order to support the issue.
Mayo Ferre: Are we ready to vote now? Call the roll.
The following resolution was introduced by Commissioner Pere
H j who moved its adoption:
4 February 28, 1985
sl
RESOLUTION NO. 85-169 �p
A RESOLUTION REQUESTING THE FEDERAL GOVERNMENT TO
GRANT POLITICAL ASYLUM TO ERIC SALADO, LUIS LOPEZ
AND ALEJANDRO CALLEJAS WHO FLED OPPRESSION IN
CUBA AS DID MANY OTHERS BY COMMANDEERING A BOAT
USED SOLELY FOR THE MEANS OF ESCAPE; FURTHER,
x;
URGING THE FEDERAL GOVERNMENT TO CONSIDER SUCH
ACTION BY THESE THREE INDIVIDUALS AS NON -CRIMINAL
IN NATURE BY REASON OF THE ABSENCE OF MALICIOUS
INTENT ON THEIR PART AND IN VIEW OF THE CUBAN
PAST CONFISCATION OF
COMMUNISTIC GOVERNMENT'S
OF AMERICAN CITIZENS WITHOUT
PROPERTIES
COMPENSATION OR REMUNERATION AT THE TIME OF SUCH
CLERK
CONFISCATION; FURTHER; DIRECTING THE TOY
THIS RESOLUTION CERTAIN
TO SEND A COPY OF
DESIGNATED PUBLIC OFFICIALS.
omited
(Here follows body ofresolution, CitytClerkr)
and on file in the office
Upon beidnBadopted seconded by by Commission following voter eu�er, the resolution
was passed an
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. Perez: I would like, Mr. Mayor, as a symbolic gesture to
in orderPerez
this group, we sign this resolution
Dr. Manuel Antonio de Varona, youngCubans
Rougra and
that are here.
'
Mayor Ferre: Would they please step forward?
5 REQUEST FOR ASSISTANCE IN CONNECTION WITH FUND RAISING EVENT
TO AID ETHIOPIA - REFERRED TO THE CITY MANAGER
------------------------------------------------------------
Mr. Dawkins: Mr. Mayor, while we are signing, I have one more
that I forgot. Mr. Nat Moore, come up to the mike, please.
Mayor Ferre: Mr. Moore.
Lr„
Mr. Dawkins: Mr. Mayor and fellow Commissioners, this is a
"t
group...some athletes, especially members of the Dolphins are
attempting to raise money for the Ethiopian Fund. They need a
place. They've invited football players from around the States
to play in an exhibition basketball game; and they need
fr:
assistance. I told them that the only thing that I could do, Mr.
Mayor and Commissioners, was have them refer this to the Manager
-
and have the Manager to expedite it to see what could be done.
j
I'd just like to refer this to the Manager. With the short
'.'
notice, I doubt seriously, Mr. Manager, if anything could be
done, I doubt seriously, but I'm going to refer it to you. Mr.
Moore, would you like to make ... give us your name, address and
1,
make a statement.
�z
Mr. Nathaniel Moore: My name is Nathaniel Moore; address is 810
:.'
N.W. 151st Street, Miami, Florida. I am the Chairman of the
Board of Directors for AIM, which is Athletes in Motion. We're
trying to put together a basketball game here in this City, which
we feel would do a lot of good, not only for the Ethiopian
3,
situation, but for the public image of the City of Miami, showing
that we can not only pull together as a group to help Miami, but
also to help world hunger. When I was asked to be chairperson of
this group, feeling that it was such a needy and worth while
cause, I very gladly was able to give my assistance. The person
5 February 28, 1985
that should be up here talking about this, because I have just
r- recently in the last week or so, got involved, is Mr. Warren
Sands. He and Joe Small have been the guys that have really done
the work that is necessary to put this thing into motion.
Mr. Dawkins: Before you sit down, would you be kind enough to
' tell Nat Moore tell Commissioner Plummer that you intend to get
r' Mr. Robbie to help us with this?
Mr. Plummer: Mr. Nat Moore has more sense than that.
Mr. Moore: The only thing I can say is that Mr. Robbie and I
have had a very good working relationship in the past eleven
years. If there is any way possible, I will do my darnest to
help him get involved. I think with anything that the Dolphins
get involved in, Joe has always lent a helping hand. I'm pretty
sure that with the players being involved in this, that he'll
pitch in as well as Don Shula and a lot of the other coaches
involved.
Mr. Plummer: I have no question about that at all.
Mayor Ferre: Mr. Moore, I think you will find that the City
Commission is fully supportive. We'll do whatever we can to help
and I think we'll be unanimous in instructing the Manager to help
you in any way that we can. My only concern, I just want to tell
you this directly, Nat, is I hate to see the NBA reach for you.
You've become a basketball player instead of a football player,
then you go off playing basketball someplace.
Mr. Moore: I was getting to old to play football. I know I'm
too old to play basketball.
Mr. Warren Sands: If I could address the Commission for one
minute. My name is Warren Sands; I live at 3670 Palmetto Avenue
here in the Grove. I'm a member of the firm Small, Sands and
Associates, which is an organizing factor for this tournament.
To give you a broader over view, AIM is going to consist of
professional athletes for more than just a football arena.
However, with the Dolphins here at home as our base of our
sponsorship, the tournament is planned as an annual event to take
place at the Knight Center starting this March 22nd and 23rd. It
will be a round robbin event. The participating teams currently
are the Dolphins and the San Francisco 49rs2 the Jets, and the
Falcons. What we're asking the City for, if it can help us, is a
grant in the form of the Knight Center for the two evenings.
We've presented this through Commissioner Dawkins in hopes that
the Commission can help us. We'd also like to invite the Mayor
and the Commission to the games. We'd love to have you as our
guest. We think that the national results that we've been
getting as far as the press goes will show the City in a very
nice light. We hope to see you there and we hope you can help
US.
Mr. Dawkins: I will not accept any free tickets. I will buy
some.
Mr. Sands: Our pleasure.
Mayor Ferre: One last thing, ladies and gentlemen, you know a
' lot of people play football and a lot of people play football
well. Nat Moore, and I didn't want to say it until he said it,
is one of the better ones. He's been around about 10 years, 11
years with the Dolphins. As you know, he's broken all kinds of
records. There hasn't been a better player more consistently
there than Nat Moore over the years. He's brought a lot of glory
to both the Dolphins and to Miami. He's put the word out that he
might be thinking of retiring and we don't want him to retire. I
' want you to join me and tell him that we don't want him to
retire, but if he does retire, and he doesn't go play basketball,
sl 6 February 28, 1985
0 0
because let me tell you, besides being a football star at the
University of Florida, he was also highly recognized as a great
basketball player. He's a natural born athlete. But that's not
what I want to point out. Of all the people that have played for
the Miami Dolphins none have taken as much of their personal time
to go out and help others in their civic affairs. You know, it's
easy to make a lot of money being a football player and then go
fishing and hunting and going back home on the farm or doing
whatever you want. You guys don't have to do this. Nat Moore
gives of his time because he cares about other people. I think
it's a tribute not only to himself, but to our community. I want
to tell you, Nat, that all of us here are very proud of you and I
hope you don't retire, but if you do, we're going to have the
biggest plaque in the City of Miami for you for the wonderful
work that you've done over the years. Won't you join me?
APPLAUSE.
We don't need a vote on that do we?
Mr. Rosencrantz: No, because I think that the action isn't to
take place until the end of March. We can come back on March
14th if we need any formal action by the City Commission.
6 REQUEST FUNDS - $15,000 IN CONNECTION WITH REQUEST FOR A
FORUM ON HOUSING NEEDS MAY 10, 11, 1985 -REFERRED TO CITY MGR
Mr. Perez: I have a request from the Florida Housing
Cooperative, a group that is called The Voice of the People. The
president is Carlos Rodriguez-Quesada. They are making a request
of funds in order to celebrate the Miami Housing Cooperative
Forum here in Miami the next 10 and 11 of May. I would like to
recognize Carlos Rodriguez-Quesada.
Mr. Carlos Rodriguez-Quesada: Mr. Mayor and Mr. Commissioners, I
introduce Dr. Roberto Godoy, the executive secretary of the
Florida Housing Coop for information about what is proposed ... our
organization in the forum, the cooperative in Miami. Thank you.
Dr. Roberto Godoy: Mr. Mayor, Commissioners, what we are
proposing is a housing cooperative forum to be held in Miami in
May 10th and 11th. The brief description of the program is
housing cooperative is the solution to provide decent homes to
low income facilities and to convert tenants into owners. While
housing cooperatives are very well known in cities like New York,
Washington, Chicago, Detroit, Boston, Jersey City, Cleveland,
etc., where there are over half million cooperative homes,
they are practically unknown in Miami and other cities of Dade
County. Our program is to get together prospective tenants -
owners, owners of buildings, houses and lands, developers,
housing authorities and experts on housing cooperatives from
Washington, D.C., New York and other cities, in order that they
present their experience.
Mr. Perez: Dr. Godoy, I think we have a copy of the proposal
here. Each member of the Commission has a copy. I would like to
propose that we send to the Administration in order that we have
the regular procedure and we have the proper recommendation for
the next Commission meeting.
Mayor Ferre: Is that a motion?
Mr. Plummer:
Mayor Ferre:
Second.
Further discussion? Call the roll on this.
sl
7 February 28, 1985
0 0
The following motion was introduced by Commissioner Perez,
who moved its adoption:
MOTION NO. 85-170
A MOTION REFERRING REQUEST FOR FUNDS IN THE
AMOUNT OF $159000 MADE BY CARLOS RODRIGUEZ
QUESADA TO THE CITY MANAGER; SAID FUNDS NEEDED IN
CONNECTION WITH A FORUM TO BE HELD IN MAY 10 AND
11, 1985 WHICH WILL BE ATTENDED BY HOUSING
AUTHORITIES, EXPERTS ON HOUSING, ETC. IN ORDER
THAT THEIR EXPERIENCES MAY BE PRESENTED IN OPEN
DISCUSSION FOR A BETTER UNDERSTANDING OF SAID
ISSUES.
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
7 URGE GOVERNOR AND LEGISLATURE TO PROVIDE OPPORTUNITY FOR
FOREIGN STUDENTS TO TARE EXAM FLORIDA ORAL SURGERY BOARD ETC.
Mr. Perez: Mr. Mayor, if you look here in the audience we have
the president of a group of professional graduates of the dental
profession in several foreign universities. This group have been
denied the opportunity to obtain the state license, -not to
obtain the state license, to have the opportunity to discuss in
the proper test the requirements for the license. They tried to
appeal to retroactive law of 1980 where they denied this
opportunity. I would like to have the opportunity to present one
of the members of this committee before presenting a resolution
that I want to propose today. Who is the leader of the group?
Mr. Pablo Alvarez: My name is Pablo Alvarez. I'm a foreign
graduate from the Dominican Republic. I'm representing the
Interamerican Dental Association. With me is a group of students
and some of them are already graduates, dentists, that are trying
to get our license in the State of Florida. The reason we're
here is when we went to study abroad there were no laws
prohibiting for us from practicing here when we came back. We
were encouraged by federal loans that were given to us to go
ahead and study outside the United States. Today when we come
back, and some of us in my case have passed some of the national
boards that are required for the American dental graduates, we
see a new law that is being proposed now that denies completely
the rights to practice in the State of Florida. We don't think
this is fair. We consider this is an injustice.
Mayor Ferre: Doctor, in the interest of time, I'd like to just
cut through this. What you're saying is you want the same
provisions granted to you as oral surgeons and dentists that is
R, granted to medical doctors. In other words, that if you study
,r and you pass all of the local boards and the state boards, that
_ you be granted the opportunity to become a dentist. I see no
reason why what is sauce for the goose shouldn't be sauce for the
y== gander.
sl 8 February 28, 1985
P,�
e
h .1
Mr. Alvarez: Correct, that is our main goal. Now, when we went
the
to study, like I said before, the laws didn't exist. Now
being applied retroactively, which are completely tying
laws are to
So that is the rteknowledgesandant the
us up. we can dopittunity
have the
let us prove that we ha
Mayor Ferre: You know we have no jurisdiction over this. This
sthe
is just, all this is, with all du �° served outs in
.respects
entitpects
resolution from a governme entity
I used to get 30 or 40 of these a day
for two years.
in the mail. I had a file system that was called the circular
file system. What happens isrnmentalthat gb bodieses don't recommend
attention to what other governmental
like this. They vote on their own. We're happy to pass this,
but we don't want you to think or your association to think that
the
just because we've passed it, that you somehow have overcome
problem. The problem is in Tallahassee, not here.
Mr. Alvarez: Correct, we understand that, but we appreciate your
help and will be great for us.
Mayor Ferre: Commissioner Perez moves. Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Is there further discussion?
Mr. Perez: I would like, Mr. Mayor, to leave for the record what
it
is the resolution we would like to present. It says whereas
North American Students who
has been reported that a group of
have studied oral surgery abroad are being denied the opportunity
to take the Florida State Oral Surgery Board Examination; and
whereas, these students have studied in foreign Latin American
y the
universities which have been heretofore
theseogstudentsnized
federal government; and whereas, many ofhave
received federal and private loans to finance their study and
these
these loans will have to be repaid; and whereas, many of
have already demonstrated their knowledge and capability
students
by having practiced in a status recognized by the Florida Board
;..
of Dentistry by virtue of the provisions of law which existed in
the
1980• now, therefore, be it resolved by the Commission of
the Florida Legislature
City of Miami, first, the Governor and
are hereby requested to provide that an opportunity be given
those students who studied oral surgery abroad pursuant to the
provisions s of law which existed in 1980 to take the current
Second, the City Clerk
Florida Oral Surgery Board Examination.
is hereby directed to send this resolution by telegram to the
following: Governor Graham, President of thee Florida Sen4te,
P {:
r
Speaker of the House, and to each member of the Dade County
Delegation. That is the resolution that we want to have.
+
The following resolution was introduced by Commissioner
n
Perez, who moved its adoption:
a
RESOLUTION NO. 85-171
A RESOLUTION REQUESTING THE GOVERNOR AND THE
FLORIDA LEGISLATURE TO PROVIDE THAT AN
OPPORTUNITY BE GIVEN THOSE STUDENTS WHO STUDIED
ORAL SURGERY ABROAD PURSUANT TO THE PROVISIONS OF
LAW WHICH EXISTED IN 1980 TO TAKE THE CURRENT
FLORIDA ORAL SURGERY BOARD EXAMINATION; FURTHER
'
DIRECTING THE CITY CLERK TO SEND THIS RESOLUTION
4
BY TELEGRAM TO CERTAIN OFFICIALS NAMED HEREIN.
±`
x
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution
s
fl4;
was passed and adopted by the following vote-
sl 9 February 28, 1985
0 0
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
NOTE FOR THE RECORD: Commissioner Perez requested the City
Attorney's opinion concerning a letter by Rolando Barrero.
------ ------------ --------------- —-------
8 ALLOCATE $129000 PROMOTION MONEY IN CONNECTION WITH STAGING
OF FIRST ROWING CLUB REGATTA AT THE MARINE STADIUM
Mr. Plummer: Mr. Mayor, I have three pocket items. The first
pocket item, Mr. Mayor, we are all aware and very proud of what
the Rowing Club of Miami has done in their facility. It is
available to the City. We attended their first rowing regatta
there. Mr. Mayor, I think it is only right that they want to
start off with a very large regatta. They are inviting and we'll
have participants of over 700 people in the rowing. They will
have all the parents and all of the people that go with it.
think they need some promotion money, Mr. Mayor, and they have
requested from each of us and have furnished each of us a list of
what they have and what they would like to do. I would like to
move at this time, Mr. Mayor, that they be granted $129000 for
promotion of this first big and hopefully annually regatta.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-172
A MOTION AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ALLOCATE AN AMOUNT NOT TO EXCEED
$12,000 AS PROMOTION MONEY IN CONNECTION WITH THE
STAGING OF THE FIRST "ROWING CLUB" REGATTA TO BE
HELD AT THE MARINE STADIUM AND WHICH WILL INVOLVE
IN EXCESS OF 700 PARTICIPANTS.
(Here follows body of motion, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Perez, the motion was
passed and adopted by the following vote -
AYES: Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
sl 10
February 28, 1985
9 RELAX FIURRBT ;; RESTRICTIONS
MARC 9 L
TO PERMIT DISPLAY AT VIZCAYA
---------------------------------
ana are
Mr
. Plummer: Mr. May, the K985iatC Vizcaya. Under lub of Little avour new
an affair on March 99 1 I
having they cannot have fireworks after O'clock.
ordinance, that it be at 11:00. put in
think they are requesting
there would be any problem with
thisTtime ithat eweegrant wthem the
the ordinance. I would move
11:00 o'clock deadline rather than 9:00.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll. Commissioner
The following resolution was introduced by
Plummer, who moved its adoption:
RESOLUTION NO. 85-173
A RESOLUTION RELAXING TO H ALLOW LIMITATIONS THE STAG�NG THE
DISPLAY OF FIREWORKS
PYROTECHNIC DISPLAYS VIToAYTHE N ISSUANCE OF OA
MARCH 9, 1985, SUBJEE CT RESCUE AND
PERMIT BY STHE ERVICESARTMENT OF FIRE,
INSPECTION
(Here follows body of resolution, omitted here
d on file in the Office of the City Clerk.)
an
the resolution
Upon being seconded by Commissioner Perez,
was passed and adopted by the following vote -
commissioner J. L. Plummer, Jr.
AYES:
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: C1MayoreJoeMiller
Carollo Dawkins
Vice
., -------------------
---------
------------
10 CLOSE CERTAIN STREETS — ST. PATRICBS DAY ETC.
--------------
Mr. Mayor, is a request from Joe
Mr. Plummer: The final one, Patrick's Day they would like
Avalos for St. Patrick's Day. St. to Fuller Street. It
to close Grand Avenue from Main ut Highway
awould be for the Sunday
would be not a total closing, They are fully aware of all of
12:30 in the afternoon to 5 00 them as far as police, sanitation,
the expenses, will be borne by in Coconut Grove
They want to have something
Q and public works. ,s Day. Mr. Mayor, as usual, I would
x to also celebrate St. Patty
on
sub subject to the approval of the
move this item be granted with the same provisions that we o
any street closing that it is
Police Department, and if it is in order, I so move..
Mayor Ferre: Is there a second
11
31
February 28, 1985
Mr. Perez: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
'Y
RESOLUTION NO. 85-17
A RESOLUTION CLOSING CERTAIN STREETS TO THROUGH
A PEDESTRIAN
VEHICULAR TRAFFIC AND ESTABLISHING
DURING SPECIFIED HOURS FOR ST. PATRICK'S
MALL
DAY; SAID STREET CLOSING SUBJECT TO THE ISSUANCE
OF PERMITS BY THE DEPARTMENTS OF POLICE AND FIRE,
."
RESCUE AND INSPECTION SERVICES.
t
+
(Here follows body of resolution, omitted here
Clerk.)
and on file in the Office of the City
Upon bein adoeteddbd by Commissioner the following vote erez, the resolution
was passed and p Y
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
.. ------------------------------------------
Y----------------
11 DISCUSSION: PRELIMINARY REPORT ON RECENT GRAND PRIX RACE
----------------------------------- -------
- ------------------
Mr. Plummer: Mr. Mayor, I would like to give you just a very
brief report on the Grand Prix. We do not have the numbers nor
do we have the dollar figures in at this time. Most all of it is
' on computerization and I would hope to have a report for this
tr Commission at the next meeting. I think it is fully understood
by all those that were there, there were approximately 909000 in
attendance with approximately 10,000 to 15,000 people hanging out
of hotel rooms. The event this year -I think it's the third
- and a lot of the problems have been ironed out. There are
year
still some problems; they are minor, but I think overall, r.
f< Mayor, it was a tremendously successful event for this community.
Interesting to note, and we will have these figures for you at
�the next meeting, I believe that there were some 600 journalists
4 from all over the world that were registered for credentials to
go back to their countries and to report on this race. I hope
most of you saw or had the opportunity to see that this was
covered by
SIN International Network. They claim -and I can't
verify
nor dispute that there was some 400,000,000 people who
�- saw this event from Miami on television andall three races were
shown. I guess, Mr. Mayor, one of the biggest knocks that
received tells you really the story that we are trying to
_SI accomplish with the Grand Prix. I received a call from a friend
r
E who said that he was no longer a friend, that he had received a
call from his brother in law in Buffalo, New York, who was
y watching the Grand Prix on television, who was up to his elbows
.; in snow and ten degrees weather and that he informed him that he
} £, was coming to spend the week in Florida with him and that he
r" really doesn't care for his brother in law. So, I think, Mr.
Mayor, a good time was had by all. I think it was a tremendous
success for this community. I will be coming back to this
Commission hopefully at the next meeting with some more
L� definitive numbers for the event.
sl 12 February 28, 1985
Mayor Ferre: Thank you and congratulations to you, J.L.
— — — -- —-------------------------------------- ----
12 BRIEF DISCUSSION OF PROPOSED AGREEMENT WITH STUART SORG
--------------------------------------------------- ---- -----
Mr. Perez: I want to present a resolution authorizing the City
Manager to execute an agreement with Stuart Sorg for the
performance of the special waterfront service
eissues related
to a harbors,
monthly
rivers, marinas,
compensation of $300 plus insurance benefits.
Mayor Ferre: Is this something you have discussed, Randy, with
Stuart?
Mr. Rosencrantz: He and I had a very brief discussion about this
item, Mr. Mayor. I am not in a position at this point to make a
recommendation one way or the other. I'd like to understand a
little more about it before we make a recommendation.
end that we
o it this
Mayor FerrWe coissionerturn it over Ito the lManagermd
way, thathat
and have him come back
with a recommendation.
Mr. Perez: I asked the Manager the other day. That is the
reason thatom the
office, the Manager all this called alledreme, IheeCmade d r
a verbal
Manager's ,
recommendation. That's what he told me.
Mr. Rosencrantz: I think, Commissioner Perez, you may have
misunderstood me. I had a conversation with Stuart about this
issue, did not get into sufficient detail to really understand
what it was he was asking about. I'd like a little more time to
look at it and come back to the City Commission with a
recommendation on it.
Mr. Perez: Could I get a recommendation for this afternoon?
Mr. Rosencrantz: I will try to do it by then.
Mayor Ferre: We'll bring this item up then at the end of the
regular agenda.
13 CONGRATULATIONS TO DANTE FASCELL ON HIS 30TH ANNIVERSARY OF
CONGRESSIONAL SERVICE
------------------------------------------------------------
Mayor Ferre: I have four pocket items. The first one is a
Dante Fascell for having completed 30 years
motion congratulating
in the Congress of the United States. Dante Fascell, as you
:.i
know, has not only been a veteran who has lasted a long time, but
the most powerful members of Congress, being
=Nf{
he has become one of
the Chairman of the House of Foreign Affairs Committee. He is
certainly one of the best representatives that Florida has ever
a congratulatory motion to
had in Congress. I would like to move
Dante Fascell for having achieved his 30 years of service to this
community.
x
Mr. Dawkins: Second.
Mr. Plummer: There is a motion made and duly seconded. Is there
any discussion? Hearing none, call the roll.
31 13 February 281 1985
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
RESOLUTION NO. 85-175
A RESOLUTION OF THEE CITY COMMISSION, ON BEHALF
OF THE CITIZENS OF THE CITY OF MIAMI,
CONGRATULATING THE HONORABLE DANTE B. FASCELL
UPON THE ACHIEVEMENT OF 30 YEARS OF DISTINGUISHED
PUBLIC SERVICE AS A MEMBER OF THE HOUSE OF
REPRESENTATIVES OF THE CONGRESS OF THE UNITED
STATES OF AMERICA.
(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 Millcr 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: Would you see, Mr. Manager, that's appropriately
done? I want all the members of the Commission to sign it, so
don't do one of these things where I sign alone. Have all the
members sign it and have it properly framed.
14 CODESIGNATE N.Y. 7 ST. BETWEEN N.Y. 7 AVE. & N.Y. 10 AVE. AS
"ED NEWMAN" STREET
Mayor Ferre: Secondly, Mr. Manager, we've had this Ed Newman
Street thing bouncing around for well over a year. This is a
resolution codesignating N.W. 7th Street between N.W. 7th Avenue
and N.W. 10th Avenue as Ed Newman Street in honor of Ed Newman;
directing the City Clerk to forward a copy of this resolution to
the proper governmental entities.
Mr. Plummer: Second.
Mr. Perez: Call the roll.
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
RESOLUTION NO. 85-176
A RESOLUTION CODESIGNATING NORTHWEST 7TH STREET
BETWEEN NORTHWEST 7TH AVENUE AND NORTHWEST 10TH
AVENUE AS ED NEWMAN STREET IN HONOR OF ED NEWMAN
AND DIRECTING THE CITY CLERK TO FORWARD A COPY OF
THIS RESOLUTION TO CERTAIN GOVERNMENT ENTITIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution
was passed and adopted by the following vote -
al
14 February 28, 1985
4
fr.
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
— — — --- — — -- -- -- ---- ------ — -- — -- — — — — -- — — -- -- ----- — ------ ---- --
15 CODESIGNATE N.E. 17 TERRACE BETWEEN BISCAYNE BOULEVARD do N.E.
BAYSHORE DRIVE AS PLAZA VENETIA
Mayor Ferre: Secondly, I have this resolution codesignating N.E.
17th Terrace between Biscayne Boulevard and North Bayshore Drive
as Plaza Venetia Way and directing the City Clerk to forward this
resolution to the proper governmental entities.
Mr. Plummer: Second.
Mr. Perez: Call the roll.
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
RESOLUTION NO. 85-177
A RESOLUTION CODESIGNATING NORTHEAST 17TH TERRACE
BETWEEN BISCAYNE BOULEVARD AND NORTH BAYSHORE
DRIVE AS PLAZA VENETIA AND DIRECTING THE CITY
CLERK TO FORWARD A COPY OF THIS RESOLUTION TO
CERTAIN GOVERNMENT ENTITIES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
16. RATIFY AND APPROVE CITY ATTORNEY'S EMPLOYMENT OF FINE,
JACOBSON, ETC. AS SPECIAL COUNSEL INVOLVING LITIGATION
CONCERNED WITH PUBLIC RECORDS SUIT BROUGHT AGAINST THE MAYOR
AND AIDES BY THE MIAMI HERALD
------------------------------------------------------------
Mayor Ferre: Thirdly, there is a resolution ratifying and
approving the City Attorney 'a employment of the law firm of Fine,
Jacobson, Schwartz, Nash, Block A England, to serve as special
counsel in connection with matters involving litigation
concerning public records filed against the Mayor and members of
the Mayor's staff; allocating monies thereof from the self-
insurance and insurance trust fund.
sl
15
February 28, 1985
a
P'4t
Mr. Plummer: Second.
_ xt
Mr. Perez: Call the roll.
&,
The following resolution was introduced by Mayor Ferre, who
moved its adoption:
�v
RESOLUTION NO. 85-178
A RESOLUTION RATIFYING AND APPROVING THEE CITY
ATTORNEY'S EMPLOYMENT OF THE LAW FIRM OF FINE,
JACOBSON, SCHWARTZ, NASH, BLOCK & ENGLAND, TO
SERVE AS SPECIAL COUNSEL IN CONNECTION WITH
MATTERS INVOLVING LITIGATION CONCERNING PUBLIC
RECORDS FILED AGAINST THE MAYOR AND MEMBERS OF
THE MAYOR'S STAFF; ALLOCATING MONIES THEREFOR
FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the resolution
was passed and adopted by the following vote-
AYES: Commissioner Miller J. Dawkins
`
Commissioner J. L. Plummer, Jr.
M
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carol o
S:
i
- -- -- -- ---- ---- -
t t.
-- -- -- - ---- --- -- - - - --- -- - -- - -- - - -- ---- -- --
17 EXPRESS SUPPORT OF PANAMERICAN HEALTH COUNCIL AND REQUEST
,2
THEM TO CONVENE A SEMINAR IN THE MIAMI AREA
-;,:
.
------------------------------------------------------------
xh
Mayor Ferre:
Mr. Manager, as you
know, the Interamerican Health
Council was
requesting funds from
the City and from Metropolitan
Dade County.
I understand Maria
Elena Torano and others, Dr.
Villamonte and the others that are involved in the matter in
Washington,
trying to get the Pan
Amererican Health Organization
to have some
major meetings and major involvements in Miami.
Mr. Plummer: More meetings, we had some.
Mayor Ferre: You know the Pan American Health Organization gets
i
millions and millions of dollars from U.S. Treasury. We'd like
for them to spend some of that in Miami. This is the logical
�.> place for the Pan American Health Council to function. I
understand the Administration is not ready to give us a
recommendation, but I would ask you please, to have it available
and on the agenda at the next Commission meeting.
Mr. Plummer: May I speak to that, Mr. Mayor? Mr. Mayor, let me
add to what you just said, because I attended the first congress
that they had here in the City of Miami. I think we must
understand that they have never in the past had one out of
Washington, D.C., in which they had so many representatives of
the ministers of health from foreign countries and from Latin
South America mostly, of course. I think we have to remember
that it's not just important to have those people here as
tourists, but I think we have to remember what the industry,
those who in this community supply medical things for these
people who can buy and know what is the exposure of Dade County,
sl 16 February 28, 1985
` which is a natural shipping point to Latin and South America. I
think that the exposure that they had here to our facilities, to
the companies who furnish goods in which they are getting
}." American taxpayers dollars, that they can spend it here in this
community, that there are these businesses existing and Mr.
Manager, I want to tell you I think it is very important that
this kind of a seminar be held butein for Dade he goodtandot just economy rof
purpose of having a meeting,
this community, who these people have millions of dollars to
spend in buying medical supplies and I would like to make sure
that they have the opportunity to know what this community has to
offer.
Mayor Ferre: I think we ought to kind of formalize that, so they
know that we are encouraging them. So why don't you make a
motion in broad generic terms and let the Manager come back with
a specific recommendation.
Mr. Plummer: Mr. Mayor, I move at this time that this
Commission fully supports the action of the Pan American Council,
realizing the tremendous good that this organization can do for
this community and this community can do for that organization,
and that we urge the Manager in every way possible to cooperate
to bring that organization here.
Mayor Ferre: Is there a second?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion? Call the roll.
The following motion was introduced by Commissioner Plummer,
who moved its adoption:
MOTION NO. 85-179
A MOTION EXPRESSING THE SUPPORT OF THE CITY
COMMISSION FOR THE PANAMERICAN HEALTH COUNCIL,
AND URGING THEM TO CONVENE A SEMINAR IN THE MIAMI
AREA GIVEN THE TREMENDOUS MUTUAL GOOD THAT COULD
BE DERIVED FROM SUCH SEMINAR.
(Here follows body of motion, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the motion was
passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
18 CLARIFY RECORD CONCERNING CO -DESIGNATION OF STREETS
Mayor Ferre: I made a mistake and I want to correct it on the
renaming of Plaza Venetia Way. Unfortunately, there is confusion
here. What we want to rename is North Bayshore Drive between
sl 17 February 28, 1985
17th Terrace and 15th Street, which is you may recall, we called
previously Plaza Venetia Way Alvah Chapman Way. This was a
commitment that was made to Ted Hollo and there has been some
argument about it and we need to put an end to it. So let me
formalize it and rescind the previous motion and make a motion
that says the following: a resolution codesignating N.E., North
Bayshore Drive between 17th Terrace and 15th Street as Plaza
Venetia Way and directing the City Clerk to forward a copy of
this resolution to certain governmental entities. I so move.
Mr. Plummer: Second.
Mr. Perez: Move and a second, call the roll.
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
19 DISCUSSION: TAXICAB STAND IN FRONT OF TRINITY CATHEDRAL
Mr. Plummer: Mr. Mayor, in conjunction with this same thing, I
received a call from Father McCormick and a letter backing it up.
Mr. Manager, Trinity Cathedral for the Episcopal Church is right
on that street. Somehow or another, there has been established a
taxicab stand in front of that church. I think that is wrong. I
would appreciate, I will give you a copy of the letter that you
contact Father McCormick and discuss it with him and please move
taxicabs from in front of a church. I just think that is
somebody wasn't giving a lot of thought to ... I'm sorry, Mr.
Mayor.
---- -----------------------------------------------------
20 CLAIM SETTLEMENT: HUMBERTO MARCHENA, JR.
a, ------------------------------------------------------------
Mayor Ferre: The last one I have, and then we can get on with
the regular agenda, is the matter Lucia, of Mr. Humberto
y Marchena, Jr. vs the City of Miami and E.E. Parra and Herbert
Breslow.
Mrs. Dougherty: Yes, sir, Mr. Mayor, we are recommending a
settlement of assault and battery, negligent hiring, negligent
training, negligent retention in violation of civil rights suit.
As a result of being arrested for disturbing the peace, Marchena
was discovered, was taken to Jackson Memorial Hospital with
lacerations of his liver and has sustained damages of $20,000 and
over. We are recommending a settlement of of $75,000 in this
c case.
Mayor Ferre: Is there a motion?
4. Mr. Plummer: So move.
..... Mayor Ferre: Is there a second?
,
Mr. Perez: Second.
51 18 February 28, 1985
+r
Mr. Plummer: Based on the recommendation of the City Attorney.
,.
Mayor Ferre: Further discussion? Call the roll.
Y
The following resolution was introduced by Commissioner
rut
Plummer, who moved its adoption:
RESOLUTION NO. 85-180
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO HUMBERTO MARCHENA, JR., WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $759000.00 IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
S�
CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI,
UPON THE EXECUTION OF A RELEASE RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
DEMANDS.
(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
z =
r'
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
Mayor Ferre: Alice it wasa
little bit Commission easierto
o usedtlto these
eost
r things when you were on the
$10,000 is now up to $75,000.
` y -------------------------
---------------------
-------------
21 DISCUSSION A TEMP. DEFERRAL: MIAMI DADE TOURISM AND TRADE
COMMISSION REQUEST FOR FUNDING
----------
i+. K-------- ---- --- - -- - -- --- - --- -- ---- ----- - ---- --- - --
Mayor Ferre: My last thing is Henry Givens, who is here and I
F. recognize him at this time.
5•,
Mr. Henry Givens: Mr. Mayor, members of the Commission, The
representing the Miami Dade Tourism and Trade Commission. The
p
,. only reason I am before you this morning is simply because it
appears to be there is a matter that we have not been able o
resolve with the administration. During the last Commission
meeting, under an emergency, the City Commission voted to grant
4y to us the sum of $35,000 so that we could continue to operate.
We are now operating within the period of six months of our
funding year, and to this point we have yet to receive any of the
funds from the City. As a result, Mr. Mayor, we have employees
that have not been paid since August that are threatening to e
rrfj evicted. Just a couple of weeks ago, I had to have the City
3;w Manager cut an emergency check so that we could pay Southern Bel
Telephone Company. At the last meeting....
Mayor Ferre: Henry, make it real simple and to the point. The
point is that you were told, not you, the Tourist -what's the
name of it?
�} Mr. Givens: Miami Dade Tourist and Trade Commission was told
that we would have our monies yesterday.
sl 19 February 28, 1985
.
ayor Ferre: Miami Dade Tourist and Trade Commission that you
was made. The problem is
would have your monies after the audit
the t has been completed, but there is withholding of
that audit
your monies and you are now at a point where you can't even pay
your light bills.
Mr. Givens: I can't pay them any longer out of my pocket. Mr.
board
Mayor, I have served 160 hours of free time there as a
tion. I can't
that organization in opera
member trying to keep
continue to go on like this. We can't have....
Mayor Ferre: We understand, nobody wants you to do thatq Henry,
the point is there are also rules and regulations of procedures I
I think the audit has been completedThe mas
an
Wisea oble.m betweenprobaccountant
understand it, is that there pr
and the auditors and the accountant doesn't want release some
checks and -what's the problem?
Mr. Givens: That wasn't the problem, Mr. Mayor. At our meeting
Mr. Pierce,
that we had a few Mondays ago with the City Manager,
f the Assistant City
Ms. Gallogly, another member o Manager staff,
they told us that all of the audit findings were clear except
findings and that we might
that there were a few administrative
wind up owing the City somewhere in he neighborhood of $3,000
and at that point we could work that outt on a schedule basis
M
Mayor Ferre: Mr. Manager, can you have -I don't know whether
Walter is dealing with this or who deals- would you have this
thing resolved by this afternoon. If there is a question of
$3000, then keep that back; but give them enougtheyh have. money to pay
their light bills and whatever other expenses
Mr. Rosencrantz: We will take a careful look at it this morning
to see if we can get it resolved by this afternoon. Our concern
Mr. Mayor, is simply from the standpoint that we do have, as you
s
pointed out, we do have certain requirement, we have
audit
certain procedural requirements, which are very necessary.
Mayor Ferre: Nobody wants to overpass or avoid those.
Mr. Rosencrantz: That's right, and we just want to make sure
the City's responsibilities and
that the City's interest and
carried out. We'll look at it for today.
Mr. Dawkins: But Mr. Givens says that the audit is clear. Now
you say the audit is not clear.
finishedCommissioner
Mr. Rosencrantz: The audit has been l
Dawkins, but there is a number of q uestions that need to be
answered relating to some of the....
Mr. Dawkins: How many audit findings you need to have answered?
Any question in an audit is an audit finding. How many audit
findings you got to square away?
Mr. Rosencrantz: There are nine different audit findings.
Mr. Dawkins: Nine different audit findings that we got to
answer. Isn't there anybody who could sit down with him or
it by this
whomever it is and see if we can get resolved
afternoon?
a.4
Mr. Rosencrantz: Commissioner Dawkins, we are in that process
through
and I think the gentleman understands that we are going
that process.
Mr. Dawkins: I don't want you to short-circuit nothing because
when the Miami Herald comes, I'm going to tell them you gave them
the money.
sl 20 February 28, 1985
Mayor Ferre: The point is this, Miller, that if the problem in
those nine findings is $3000 and the total is twenty-five, then
hold back the $3000. But I mean, for goodness sakes, give these
people enough money so they don't have to shut the door and turn
off the lights.
Mr. Givens: Mr. Mayor, I don't mean to belabor the point, but we
gave them every item they requested.
Mr. Dawkins: So you're getting jerked around for nine more
items. I mean, don't be concerned. Let them keep the $3000 and
get your money.
Mr. Rosencrantz: Let me meet with him at noon and see if I can't
get this resolved for you.
Mayor Ferre: Henry, we'll work it out by the end of the day.
Thank you, sir.
NOTE FOR THE RECORD: Agenda item 13 was requested btohbe ddeferred
by the applicant. Request denied? but was
set to later
in the day. - _ _
NOTE FOR THE RECORD:Agenda 11 was requested
btohbe ddeferred
after 4b00
the applicant. Request denied but agreed
to o'clock p.m.
22 FIRST READING ORDINANCE: AND. ART 159 SPI SPECIAL PUBLIC
INTEREST DISTRICTS NEW SECTION 15150 SOUTHEAST OVERTOWN PARK
WEST OVERLAY DISTRICT & SPI 169 16.19 16.2
Mr. Arthur Teale: Mr. Mayor, members of the Commission, I
represent the Park West/Overtown Association on item number 2.
There are a number of issues that are involved here. However, we
are respectfully requesting a delay because of improper notice as
it relates to the PAB recommendation that is coming back before
you.
Mayor Ferre: Mrs. Dougherty, do you concur with this?
Mrs. Dougherty: Yes, sir, Mr. Mayor, however, as you recall you
passed the ordinance on first reading. Then it came up for
second reading and you continued it. Then you deferred back a
portion of that ordinance. What you can do is you can pass it on
second reading, have the first ordinance coming up, and I'm
researching one other alternative at this time.
Mayor Ferre: We need to have a legal ruling. As I understand,
Mr. Teale has just made a statement that this thing was illegally
advertised.
Mrs. Dougherty: I think we might be able to resolve it by
cycling everything back on first reading and including this new
language. Let me just have five seconds.
Mr. Teale: Mr. Mayor, let me just tell you what I said. What I
said was that the Commission cannot take up the PAB
recommendation that you send it back. You can take up what you
had on first reading.
Mayor Ferre:
I understand.
sl
21 February 28, 1985
AS 0
Mr. Teale: Which is substantially different from what the PAB is
recommending.
Mayor Ferre: I understand.
Mrs. Dougherty: Mr. Mayor, it's our view that if you cycle the
entire ordinance back and today pass it on first reading, that it
would be permissible to do so and incorporate that language that
came from the Planning Board.
Mayor Ferre: Is there such a motion by this Commission?
Mr. Dawkins: Madam City Attorney, does that include the
recommendation from the Blue Ribbon Committee?
Mrs. Dougherty: Yes, sir.
Mayor Ferre: Are you moving it?
Mr. Dawkins: Yes.
Mayor Ferre: Dawkins moves. Plummer?
Mr. Plummer: This is to start it back on first reading today?
Mayor Ferre: Yes.
Mr. Plummer: I second the motion.
Mayor Ferre: Further discussion? Read the ordinance on first
reading.
Mr. Billy Freixas: Mr. Mayor, I'm sorry to interrupt you. There
is kind of a confusion here.
Mr. Plummer: Mr. Freixas, for the record, your name and address.
Mr. Freixas: My name is Bill Freixas; I'm the chairman of the
Blue Ribbon Committee on Park West/Overtown. What you sent back
to the PAB was a portion, a portion of the recommendation that we
made here last month. I think that what we have to recycle is
that portion.
Mayor Ferre: Can't do that legally. See, you have your attorney
standing next to you. Let him explain to you. You are a member
of the Blue Ribbon Committee and you are also an attorney.
Mr. Stanley B. Price: Mr. Mayor, Stanley B. Price, law firm of
Fine, Jacobson, Schwarts, Nash, Block, England, 2401 Douglas
Road. I did not serve on the committee because I had a conflict
to represent a client, Carnival Cruise lines, who owns property
on Biscayne Boulevard.
Mayor Ferre: What's your point, Mr. Price?
Mr. Price: My point is, sir, that we would feel that it would be
appropriate to have the entire ordinance taken up at one time,
rather than piece meal, because all the ordinances are
interelated to one another. It was an overall study of an area
and we believe it should be taken up at one time. We have no
problems coming back two weeks from today. Madam City Attorney,
what's your ruling on this?
Mr. Freixas:
either.
Mayor Ferre:
sl
Mr. Mayor, we don't have a problem with that
Hold on, you're not the City Attorney.
22 February 28, 1985
Mrs. Dougherty: Mr. Mayor, you can either take the ordinance up
today or you can do it two weeks from today, whichever you want
to do.
Mayor Ferre: No, the question is Mr. Price says, see, last time
v around what we did is we passed everything but a portion of it
A and sent that portion of it to the PBA.
Mrs. Dougherty: That was done, yes.
Mayor Ferre: The question is do we do it that way again or do we
send the whole thing back again. Last time around, we debated
this thing and based on Mr. Freixas and the Blue Ribbon
Committee's recommendation, we passed everything but a portion
and that portion was recycled. He's saying why do you want to
change now; stick to your format before. I understand his logic
and subscribe to it, but the question now is how do we legally
do that.
Mrs. Dougherty: Mr. Mayor, a portion of it was sent back to the
PAB.
Mayor Ferre: Yes, ma'am.
Mrs. Dougherty: That is coming back to you today. All I'm
saying is that recommendation is back to you. They recommended
denial. What I'm saying to you is if you incorporate that in
first reading today, because it was properly noticed for second
reading. All I'm saying is you can do it on first reading today
and incorporate that language.
Mayor Ferre: Now is everybody in agreement at this point?
Mr. Freixas: Yes, Mr. Mayor.
Mayor Ferre: Is that your motion, Mr. Dawkins?
Mrs. Dougherty: There are other changes, by the way, Mr. Mayor,
that the Blue Ribbon Committee made that were not substantial
changes, and they are also incorporated in this new ordinance.
Mr. Dawkins: First reading? Does that include 2 through 8
through 7? Because I'm not going to sit up here and go through
this with each one of these.
Mr. Plummer: Wait a minute, I have to know, I'm sorry, I have to
know what those changes that were incorporated in the Blue Ribbon
Committee were. I've not seen them. You can't ask me to vote on
something I haven't seen.
Mayor Ferre: J.L., in the interest of moving this thing along,
because out of fairness to everybody, we need to get to item 1,
either you tell them all to sit down and we'll take it up after
we finish with one or we just move along, do this on first
reading, and second reading we have all the opportunity to change
and read and do whatever.
Mrs. Dougherty: Mr. Mayor, we would ask the Planning Department
to read the changes in the record, if you do want to do it on
first reading.
Mayor Ferre: You're going to do that when you read the
ordinance.
Mrs. Dougherty: I'm just reading the title.
Mayor Ferre: I stand corrected. That's just going to take ten
minutes, Lucia and I'm trying to avoid this, because we have a
second crack at it on second reading.
sl 23 February 280 1985
T '
i
Mr. Dawkins: I will make the motion to pass it on first reading,
if it's heard in June, where I have March, April, and May to
study what Plummer has said he hasn't seen and I haven't seen.
w Mrs. Dougherty: Mr. Mayor, let the record reflect that I am
t:. '. passing out the changes at this time.
Mr. Plummer: Second the motion.
Mayor Ferre: You better wait for some other people to come and
vote, because I can't go for a delay until June. Herb Bailey is
going to go up a wall on that!
Mr. Freixas: Mr. Mayor, maybe I can correct a little bit for
Commissioner Dawkins. Commissioner Dawkins, the changes that
were made, except the portion that went to the PAB are the same
that we recommended here in January 20th. There is no change
whatsoever on that.
Mayor Ferre: What if they deny?
Mr. Freixas: It wasn't really denied. They didn't deny it and
they didn't approve it; so it was a stalemate, same boat, one way
and the other way. They didn't recommend anything, basically.
What they are working on it was on the floor area ratio that
went from 1.72 to a mix of 4.32 combined of commercial and
residential. That is the only change that the Blue Ribbon
Committee made that was substantial that the Commission had to
send back to the PAB. The PAB did not come up with any
recommendation whatsoever. It was put to vote, the SPI-16 modify
and they denied it. It was denied.
Mr. Plummer: That's fine, but is that incorporated in here as a
denial?
Mr. Freixas: No, it's not. You are taking up all the
recommendations of the Blue Ribbon Committee on first reading.
All we're doing is having a discussion on the second reading,
which should be March 14th.
Mr.
Dawkins:
It will not
be March
14th.
Mr.
Freixas:
When will it
be? I
don't know, 30 days from now.
Mr. Plummer: Normally it would be March 28th; that's our next
zoning meeting.
Mr. Freixas: O.K., then March 28th.
Mr. Dawkins: The only problem I have with this, I've been
through this with our Planning Department. I've been through
this with the opposition lawyers. I've been through this with
the Blue Ribbon Committee. I've been through it with the
lawyers. Every time they get back here, it's something else that
everybody is dissatisfied with. So if you leave it until June, I
have time then to go through it with them and piece meal with
them and by June, all of us ought to be together.
Mayor Ferre: Mr. Dawkins, I respect your position and your
opinion. I would recommend you wait until you get a third vote,
because you don't have my vote.
Mr. Dawkins: You are going to need two votes because you don't
have mine on the next one.
Mayor Ferre: All right, so the point I'm trying to make to you
is, this is a very important....
Mr. Plummer: Why don't you make it March 28th, and if you're not
satisfied, then we'll defer it again?
sl 24 February 28, 1985
0
C
Mayor Ferre:
I have
no problem
with that.
Mr. Dawkins:
I'll go
with the
motion, but I won't make a second.
Mayor Ferre: Ill second. Plummer you made the motion that way?
Mr. Plummer: I think that's fair. If we're not ready on March
28th with a full understanding, we'll defer it again.
Mayor Ferre: I'll second the motion that way.
Mr. Rodriguez: Mr. Mayor, to further confuse....
Mayor Ferre: Please, we're about to vote. You're about to get
into something. You have to do this, right? Go ahead and do it.
Mr. Rodriguez: I'm sorry I have to do it, but the Planning
Advisory Board....
Mr. Plummer: This is how to out your throat. I want to watch
this; go ahead.
Mr. Rodriguez: I have to put on the record....
Mr. Plummer: As a funeral director, I'm in a conflict of
interest. Go right ahead.
Mr. Rodriguez: I have to put on the record, though, that the
Planning Advisory Board acted on this at the last meeting and
they recommended denial.
Mayor Ferre: I understand. That's on the record.
Mr. Plummer: We heard that before.
Mayor Ferre: We said that four times today.
Mr. Plummer: Have you been at the meeting prior to this?
Mr. Rodriguez: No, I was here, sir.
Mayor Ferre: Is there anything else you want to put on the
record?
Mr. Rodriguez: That's all.
Mayor Ferre: Thank you, sir. Now are we ready to vote? You
have to read the ordinance first, Lucia, read the ordinance,
please.
Mrs. Dougherty: Mr. Mayor, let the record reflect that the
changes are incorporated, the ones that I've just passed out to
you today.
Mayor Ferre: Let the record reflect that members of the
Commission and the public have available for them this ordinance
and the special public interest zoning ordinance for Southwest
Overtown Park West, community development area drafted January
24th, which has all of these specific points is available to any
member of the public and is properly before us. Now call the
roll.
Mr. Plummer: Let the record reflect and be understood that this
is on first reading.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF ORDINANCE
NO. 95009 THE ZONING ORDINANCE OF THE CITY OF
sl
25 February 28, 1985
x ;
MIAMI$ FLORIDA, BY AMENDING ARTICLE 15
yf.
ENTITLED "SPI: SPECIAL PUBLIC INTEREST
DISTRICT" BY ADDING A NEW SECTION 15150
r
ENTITLED "SOUTHEAST OVERTOWN PARK WEST
OVERLAY DISTRICT" AND 15160 ENTITLED "SPI-169
16.19 16.2 SOUTHEAST OVERTOWN PARK WEST
-
COMMERCIAL RESIDENTIAL DISTRICTS" PROVIDING
FOR INTENT, EFFECT, CLASS C SPECIAL PERMIT
REQUIREMENTS, PERMISSIBLE PRINCIPLE USES AND
STRUCTURES, PERMISSIBLE ACCESSORY USES AND
STRUCTURES, MINIMAL LOT REQUIREMENTS, FLOOR
AREA LIMITATIONS, MINIMUM OPEN SPACE
REQUIREMENTS, HEIGHT LIMITATIONS, OFF STREET
PARKING AND LOADING, LIMITATION IN SIGNS,
PROVIDING FOR REVIEW, AND CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by Mayor
Ferre 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 announced that copies were available to the members of the
City Commission and to the public.
DURING ROLL CALL:
Mr. Dawkins: Does this include the SP7 or is this without the
.w:
SP7
Mr. Freixas: Without the SPI-7.
s
Mr. Dawkins: On first reading, yes.
--------- -----
}'
23 PROPOSED ORDINANCE: AMEND SEC. 2026 ORD. 9500 SIGNS,
<
BILLBOARDS, SPACING, HEIGHTS, ETC. ALONG LIMITED ACCESS
u
HIGHWWAYS
ii
----------------------
Mayor Ferre: Now we're on item number 1, which is properly
before us. Mr. Manager, I think the proper procedure here is for
hF
f
the administration to present this case and the proponents make a
'
statement and the opponents will then make a statement. Just so
n�
we can get time frames here, how many of you are here on this
wish to speak
item 1? Please raise your hand. How many of you
this first reading? I'm sorry, on the second reading. How
3
on
many wish to speak, raise your hands please. MAYOR COUNTS HANDS.
I see twelve speakers. Let's proceed then. Will the
administration present its position?
4
z
Mr. George Knox: Mr. Mayor, if I may for one second. My name is
b
Ji
George Knox. May I respectfully request that the staff check
with Commissioner Carollo's office. It's my understanding that
this is a matter about which he has sufficient interest to want
to cast his vote. Would it be possible to check his office?
Mayor Ferre: Mr. Knox, as I understand it, Commissioner Carollo
'
will be here at 11:00 and we will defer final conclusion if he
that
is not here by the time we get to vote. My guess is with
sl 26 February 28, 1985
twelve speakers, you have well over an hour and a half of
discussion going on before we come to a vote. As I understand
it, Commissioner Carollo will be here by that time. If he's not
here, out of courtesy to him, we will then hold it up until he is
here this afternoon for a final vote.
Mr. Knox: Thank you, sir.
Mr. Plummer: Let's hear from the staff first.
Mr. Sergio Rodriguez: Just to refresh your memory. As you know,
this item has been before the Commission on different occasions.
It has been going back to the Planning Advisory Board for
recommendations. There are three major issues that we're going
to bring today that we believe are important, and Mr. Whipple,
from the Planning Department, will go over the presentation. The
three major points that we want to impress on you today is first,
we believe that having billboards on expressways, as proposed by
the people representing the billboard industry, will have a very
negative effect on the area. First, because it will have an
effect on the safety of people traveling in those areas. As you
know, billboards are designed to attract attention. That's the
main purpose for them. We're proposing, through this amendment
from the billboard industry to have them placed in roads that are
very congested and in which people travel at very high speed.
The second item that I want to bring to your attention in the
discussion is that the billboards, if placed as proposed, will
have a very detrimental effect on the image of the City. These
are the roads taken by people that come to the City for the first
time. These are the roads taken by people coming through the
City every day, and they will be placed in areas where we have a
beautiful skyline or a view of the waterfront. The item that we
want to bring to your attention is that by placing these
billboards in the areas being proposed, they will have a specific
impact on the community in which they are placed. With that, Mr.
Whipple will make the presentation now in more detail.
Mr. Richard Whipple: Mayor and members of the Commission,
Richard Whipple, Chief of the Land Development Division, Planning
Department. I'd like to start by briefly giving a little bit of
the history, so that you understand how we got to this point
today. As the Commission might remember, the Planning Department
has been amending the new zoning ordinance, as necessary to cover
things that we missed or to readjust things that should have been
readjusted. One of these items was an oversight in the drafting
of the ordinance and that it did not set forth a maximum height
limit for signs. It also there was confusion in the writing with
respect to the number of faces of billboards that could be on a
site. We, therefore, processed amendment before this Commission
by which to correct these oversights in ordinance number 9500.
In doing so, however, each time that these items came to the
Commission for their consideration, there were some questions
raised by the billboard industry and this Commission saw fit to
refer the item back for the department to consider those items
that the industry brought forward. These were done in a various
manner. Finally, it was admitted that the billboard industry,
although they had talked about angles and facings and things like
that, what the industry wanted was permission to allow billboards
along I-95 and other expressways in the City that have been
prohibited since 1965.
Mayor Ferre: Excuse me, Dick, I see that the television cameras
are not taking any of this. Would you mind terribly if you take
these television lights off? Mr. Manager, can you help us
please? Can somebody help us?
Mr. Whipple: In 1965 we passed a very comprehensive set of sign
regulations of which there's prohibition within 600 feet of an
expressway was incorporated. What is being asked today through
this amendment is that they now be permitted and that they be
31
27 February 28, 1985
permitted with spacing. Needless to
indicated, the department is opposed to
We feel it is inappropriate.
Mr. Dawkins: What's inappropriate?
say, as Mr. Rodriguez has
this changing of the law.
Mr. Whipple: That's what I'm getting into, Commissioner Dawkins.
As Mr. Rodriguez has indicated, the signs along the interstate
with the speeds and the congestion that exists, is a potential
hazard. The signs are intended to distract drivers and when a
driver takes his eyes off the road, there is a potential danger
and possible accident that could happen in that instance. I
don't believe there needs to be too much detail on that. As to
the amenities or the esthetics of the community and the image of
the community, we have a few slides, which I'd like to show you.
They'll be fairly quick. I'll not comment on each individual
one. They're in two sections. The first series is a number of
slides, which are taken from the expressway of the views around
the City. These are selected areas where billboards would be
permitted. In other words, as you look at the slides and you see
that say, downtown in the background, you can imagine that right
in front of the position of the camera, there could be a
billboard, if this ordinance is passed. The second part is a
number of slides which show the types of billboards which is now
the type that is being erected around the country and elsewhere
in Dade County. Most of these slides were taken along the
Palmetto Expressway in the incorporated areas of Hialeah, Hialeah
Gardens, Medley, on the northern end of the Palmetto and the
point of all this to show you that we do not believe the City of
Miami needs this image. We believe that we are looked at as a
very clean, as a very beautiful, as a very open City. To
introduce this kind of activity along our expressways and our
entranceways to the City, we feel can only be damaging.
Mr. Dawkins: Before you start your slides, I need some
information, please. When you were preparing for this, did you
do a research to find out the number of accidents that were
caused on I-4, between Tampa and Orlando to show me that it was
dangerous and compare it against the numbers that were on I-95
here. Did you do a study determining how many accidents occurred
on 75 between Tampa and Ocala, therefore giving me some data on
which to base your theory that it's unsafe. Did you also do a
study of the number of accidents that occurred on 95 going from
Jacksonville to Georgia, so therefore, when you tell me that it's
unsafe, that these sign boards are unsafe, that you have some
empirical data for me to look at and then tell me how many
accidents have occurred on -what is it that goes by the Miami
Herald? I-12 or 3-?
Mr. Whipple: 395.
Mr. Dawkins: 395, tell me how many accidents occur at 395 right
there by Biscayne Boulevard where you have four signs sticking
right up by the expressway over the building where the Urban
League is.
Mr. Whipple: Point number one, we did not make a statement of
unsafe. We pointed out that there was a potential hazard
involved because of the distraction. To answer your question
specifically about I-u and I-95 and I-10 in Jacksonville and
things like that, to my knowledge there has been no studies done
on that since late 1960's where there was a study done on the New
York throughway. We didn't elect to bring that up and we only
elect to suggest that the mere idea of outdoor advertising is to
attract somebody's attention. That's their business; that's the
product they're selling. For you or I going along I-95 at 55
miles per hour, take our eyes off the road, which we shouldn't;
I'm suggesting that constitutes a potential hazard. I do not
have any specific numbers as you have suggested.
sl
28
February 28, 1985
I
0
Mr. Dawkins: Thank you.
Mayor Ferre: Are you going to give us the slide presentation
now? Could we cut off the lights please? Is that a sign?
Mr. Whipple: No, sir, as I indicated, I just want to take us
through a series of views of the City. Of course, this is the
one slide that you could not put a billboard in front of, I
believe, they wouldn't float on the river. They would probably
sink. But as we drive along our expressways, and if you want the
location of any of these signs, I'd be glad to give you an
indication where they're at. For instance, this I believe is
along I-3951 looking toward the downtown. These are again random
shots going around the ranch. You could see where the signs
could be placed over in the left hand side, blocking some of the
view and also signs beyond the expressway, which would block some
of the views and vistas in the City. This is 195, heading toward
the Julia Tuttle Causeway and our new apartment development that
exists in that area. As you may remember the south side of the
expressway at this location is zoned commercial and would allow
billboards which could have shut these views and vistas of the
City. I'm running through these quickly, because they are in a
way repetitious as we get in closer downtown, you'll find a vast
area that also has a potential between I-95 and the downtown
before you get to the downtown turn-off in the industrial areas
there, which billboards could be erected. Next to the ramp in
front of the new parking garage and the cultural center. Coming
to a position here that I'd like to call your attention to just
as a way of illustrating, this is a shot -I'll get to it yet -
this is a shot from I-95 from a northbound direction looking
toward 8th Street. On the left hand side of the slide in the way
far background you'll see the Gulf Station at the Trail and I-95.
This is a southbound direction of the same location showing the
Gulf Station at the Trail. You canna see some of the buildings
of the Brickell Avenue area and some of the buildings down along
South Bayshore Drive and Coral Way. This is what we might see at
a location such as that.
Mayor Ferre: Where is that photograph?
Mr. Plummer: 8th Street.
Mayor Ferre: No, the previous one. Do you want to go back to
the previous one? Where is that?
Mr. Whipple: This is one of the signs out on the Palmetto
expressway.
Mayor Ferre: This is in Dade County?
Mr. Whipple: Dade County, Hialeah, Hialeah Gardens, Medley area,
not in the unincorporated area of Dade County.
Mayor Ferre: Does the unincorporated area of have similar
restrictions to what we have?
Mr. Whipple: Yes, sir.
Mayor Ferre: So, this is only in Hialeah, because Hialeah
obviously permits this. Is that it?
Mr. Whipple: Yes.
Mr. Pierce: Mr. Mayor, just for the record, up until July, I
believe, of 19839 Dade County had an ordinance on its books that
prohibited the expressway signs in both the municipalities and in
the unincorporated areas. They amended that ordinance at that
time removing the restriction within the municipalities.
sl 29 February 28, 1985
-
',,._
Mr. Whipple: Here are a couple of slides that show some of our
non -conforming billboards that are located in the City that have
K"
not been removed. You can see how they mar the entrances and the
is just to show the
landscape of our City. The next picture
proliferation and the impact of the signs if erected in Miami,
x
such as they have been out in Hialeah, Medley and that area. You
large, high, quite
�..
see the signs are quite ingenious, quite quite
distracting. If isn't sufficient land area to put up four
_there
poles, they put up one pole and hang it over the top of another
do
building, a triangle, three sided billboard. Point being, we
this
s
not believe that the City of Miami needs this. We believe
tourists
;.
is a poor image to set before the public and before our
are very much opposed to the
`
and our visitors. That's why we
inclusion of additional billboards in the City. That is not
he
say, however, that we are opposed to billboards. Part of the
'65 and
comprehensive sign regulations that were prepared in
which we've been using since that time, which seem to be quite
workable and reasonable, was to establish billboards as a
commercial use. Like we do with any use in a zoning ordinance,
we recommended and adopted where these uses should go. These
-
uses do have a proper place in the City of Miami in a properly
zoned districts, those being the liberal commercial districts or
the industrial districts, not the commercial residential
districts, which might have an adverse impact when residential
development did occur on those districts, or where there is so
much residential development abutting those CR districts. So we
are not opposed to billboards. There's places for them. As
you've read, there are a number of signs in this City. We don't
have an exact number, but we imagine it's around 600 of the large
boards. We believe that's sufficient zoning, sufficient use,
reasonable use, properly regulated and that the ordinance should
not be amended to allow more.
Mr. Plummer: Mr. Whipple, let me ask you this question.
Understanding your last statement that you are not opposed to
billboards, that there is a place for them and we do have them, I
have to question the validity of your prior statement of saying
-
that it was a blight. A blight is a blight wherever it exists.
If you have them, for example, on US-1. There are a number of
billboards on US-1, which is a main arterial. It carries as much
or more traffic than I-95 through the City. So I find a conflict
in your two statements. One, that they are a blight, yet you
feel that you are not opposed to billboards; there is a place for
them, which I assume to think you do approve them. I find a
conflict in your statement. Would you speak to that?
Mr. Whipple: Is that the first time I've ever had a conflicting
statement?
ty`4
Mr. Plummer: No, sir, it's not the first, but it's the first
time I've reminded you.
Mr. Whipple: I don't believe there is any conflict there. The
way you stated it sounds like there is, but there really isn't.
The point is we, a number of people may dislike billboards
..
completely. Perhaps I'm even one of them, but as a Planner or as
an administrator to the zoning ordinance, we feel, unless told
r
otherwise by the legislative body that we work for, that there is
..
a place for billboards in the community and we find, we locate
them in places where we feel that they will be least
objectionable and least burdensome on the community. That's what
we have done. So, I really don't see that there is a conflict.
Mr. Plummer: O.K., I understand what you're saying, but I also
.�
have to as far as the visual blight or to the environmental
blight, but doesn't the same thing exist in reference to safety?
�
Mr. Whipple: To some degree, yes, this is a fact. However, you
had ample different opportunities with respect to billboards when
$k
you're talking about the build up of urban cities. You have stop
sl 30 February 28, 1985
signs, you have traffic lights, you have slower traffic, you have
the visual aspect of the pedestrians ability to see signs and
therefore, yes, it applies, but not to the degree it would along
an interstate highway going 55 or 65 miles an hour.
Mr. Plummer: 65 miles an hour, I think, is illegal. I'm not
sure of that.
Mr. Whipple: I thought I'd throw it in.
Mr. Plummer:
Knowing
you,
I understand.
Mayor Ferre:
Are we
ready
for the presentation by the....
Mr. Whipple: I was just going to say I believe there's other
people that would like to speak; if you have any questions or
I'll return.
Mayor Ferre: I know that. Are there other department people
that want to speak? Is that what you said?
Mr. Plummer: I have some questions of the department, Mr. Mayor.
I'll do them now or I'll do them afterwards; whatever you wish.
Mayor Ferre: You do what you want.
Mr. Plummer: Let me try to make it brief. Mr. Whipple, as it
rrect in
stands this ordinance before us today, whether regardless a oflthe numbers thataing
re
this would establish
sme
applied in this ordinance today, wouldn't this establisho
as
regulation i-,hat doesn't exist today such as spacing,
does not speak to
distance, s�ich as height that our ordinance
today? Is that correct?
K:
Mr. Whipple: Yes, sir.
Mr. Plummer: Basically, Mr. Mayor, that's the basis of the
questions. I can go into them later.
i.
Mayor Ferre: All right, we will now hear from the proponents,
tr. j
Mr. Knox.
Mr. George Knox: Thank you Mr. Mayor, members of the Commission,
the law
my name is George F. Knox. I am attorney and member of
firm Long, Knox, and Mays located at 4770 Biscayne Boulevard,
of
Suite 9702 576-7777.
Mr. Plummer: You are no briefer than when you were City
4
Attorney.
Mr. Knox: Mr. Mayor, members of the Commission, the issue, while
Our is not going to
emotional is relatively simple. presentation
be much longer than the Gettysberg Address, which I believe is
m 7 "
twelve minutes. The issue is as simple as the constitution of
the State of
-�
the United States of America and the policy of
The before this Commission involves
Florida. question
fundamental fairness, the consistent application of both City of
Miami and State policy, and the question of equal protection of
the laws. There is a phenomenon that exists throughout our
1 •iL 4 t
]S®�µ
country that has led to, for example, the establishment in some
the
folks' opinion that the City of Pittsburgh is among most
-�
livable cities in the United States of America. The fact is that
`
Pittsburgh, in spite of that characterization, its citizens have
"
to live with soot and smoke and all of the incidents t a are
rA
.v
required to support and sustain the major industry in Pittsburgh.
Jacksonville, I believe, enjoyed in this same survey, a ranking
r" 7
of 48, which was about four positions ahead of Miami, and for
.'
.>
those of you who know and love Jacksonville, the citizens of
{
Jacksonville must contend with smoke and paper mills and the foul
odor that the main industries in Florida, in Jacksonville must
s1 31 February 28, 1985
0 0
provide to the citizens. In South Florida the major industry is
tourism. It's attitude of my clients that tourism must be
supported by its citizens. In our great cities, there is a
cooperation between the government and the private sector, which
is designed to support the major industry. The legislature of
the State of Florida, in its wisdom, announced its policy
concerning outdoor advertising. I will read from the legislative
intent of the State of Florida, when the new act was adopted in
1984. That intent was to enhance the economic well being of the
State by promoting tourist oriented businesses, such as public
accommodations, vehicle services, attractions, camp grounds,
parks and recreational areas, and to promote points of scenic,
historic, cultural, and educational interests. We dare say
further that the policy of the City of Miami is that there is an
ability to place outdoor advertising along I-95 and the other
limited access highways because they are there. There is no
evidence that the City has made any attempts to remove them.
Therefore, the question is whether or not those incumbent
privileged persons who are now permitted to advertise along I-95,
gain some unfair advantage without any rational basis against
those who would seek to do that. There has been some discussion
about the question of safety. The facts do not bear out any
assertion that the placement of outdoor advertising impacts upon
safety. There was a major trial in California three years ago,
where the question of safety arose. An expert witness by the
name of Dr. Ernest Blanche testified. He testified about
expressways in Miami. I will read from the official record his
comments. First, the witness testified that he made three
studies of accidents on three high speed, limited access highways
in Dade County, Florida, the Palmetto Expressway, the so-called
north/south expressway, and the east/west expressway, sometimes
referred to as the airport expressway. This expert's conclusion
was that there was no relationship between accidents and
advertising along those highways. That witness also pointed out
that there was a federal highway administration study covering
6,900 miles and 45,000 accidents. The conclusion of the federal
highway administration study was that there was no relationship
between accidents and advertising signs and that in certain
locations, advertising signs were actually beneficial. That
witness was quoting from a study which was done in the form of a
research and development report by the Federal Highway
Administration Bureau of Public Records, both divisions of the
United States Department of Transportation. That finding was,
and I quote:
"The results indicate that commercial signs improve
safety."
And I close my quote. There is no essential difference between
outdoor advertising signs along thoroughfares and those along
interstate highways. Therefore, there is no rational basis in
the law to deprive individuals of the opportunity for so long as
that activity is permitted from placing sings in an industrial
zone with proper regulation pursuant to the policy of the State
of Florida and the policy of the City of Miami. There is a
distinct, legal, and practical difference between a prohibition,
a ban, and regulation, if in fact there are overwhelming
aesthetic considerations associated with the placement of outdoor
advertising, then this Commission may adopt a policy of
prohibiting them. Absent such a policy, then there may be some
serious question about whether there may be the selective
classification which could result in some discriminations of
persons being deprived of a privilege that others enjoy.
Finally, the proposed ordinance is sensitive to questions of
aesthetics. It is sensitive to questions of proliferation, and
represents a reasonable regulation of a permissible activity
within the City of Miami. Finally, we urge that this Commission
look at this whole question as an opportunity to once again
occupy the vanguard and the cutting edge of promoting tourism and
between the government and the private sector, there may be
creative constructive, productive, and perhaps even economically
beneficial ways in order to carry out the objective of the
sl 32 February 28, 1985
ordinance. Finally, we urge the Commission to conform to the
policy of the State of Florida to use outdoor advertising as a
legitimate tool to promote our attractions, to provide
information to strangers to our community and to otherwise be
consistent with promoting tourism in our community and unless,
there are some questions, we thank you very much and we would
respectfully reserve some time for our rebuttal if necessary or
appropriate.
Mayor Ferre: Mr. Knox, I thank you and you of course, will have
the right to rebut and we will give you ample time. How much
time has elapsed?
Mrs. Matty Hirai: Eight minutes.
Mayor Ferre: Eight minutes, so you are four minutes short of the
Gettysberg Address, even though I don't think the Gettysberg
Address was twelve minutes. You will have ample time, because
I'm sure the opposition will take more than eight minutes. As I
remember counting, there were at least a dozen people who wanted
to speak. Is there any particular order, or is there anybody who
has established...? Mr. Freeman, the Chair recognizes you.
Mr. Lester Freeman: Thank you, Mayor and Commissioners, I'm
Lester Freeman. I live at 2180....
Mayor Ferre: Mr. Freeman, before we, I need to establish time
perimeters before anybody speaks. So, have you marshaled all of
the speakers that are in opposition or some of them?
Mr. Freeman: It would be impossible to marshal all the speakers
that are in opposition, Mayor, but we've done our best.
Mayor Ferre: How many speakers do you have?
Mr. Freeman: I have about eight, I think, and I'm not sure they
are all here.
Mayor Ferre: I counted twelve, so that means that there are
other people that are not. Let's have a show of hands again of
people who wish to speak on this issue to address the Commission.
MAYOR COUNTS HANDS. Sixteen, how many of the sixteen are for the
ordinance in the public. No, no, people who raised their hands
to be a speaker, how many of the speakers that are for the
ordinance, would like to speak. MAYOR COUNTS HANDS. Three
proponents, so I assume the other thirteen are opponents. Now,
let me ask you this question. Does anybody need more than three
minutes?
Mr. Freeman: I don't think so in our group, Mayor.
Mayor Ferre: O.K., so we'll go on a three minute basis and you
can proceed.
Mr. Freeman: Thank you, Mayor and Commissioners, I'm Lester
Freeman. I live at 2180 Brickell in Miami. I'm here today with
an informal coalition of Miamians to support the recommendations
of the Planning Department. We are not here to ban billboards.
We are here simply to reinforce the support of fair regulations
of billboards, which this City put into place almost twenty years
ago. This regulation has been consistent with the goals for all
elements of our community, economic progress, neighborhood
tranquility, and environmental protection. The potential
conflicts between the interests in our community were worked out
at that time. All the various community assets have been
enhanced in this regulatory climate in the ensuing years. In our
view there's simply is no justification for relaxation of the
regulations. There doesn't seem to be any broad demand for
relaxation. There doesn't seem to be any demonstration of great
need in the community for relaxation, nor does there in fact seem
sl 33 February 28, 1985
i
to be any great potential value in it for the entire community.
let this proposal die today. The
Therefore, we urge you to
citizens of Miami have indicated absolutely no mandate for
�2..'.
change. Our coalition includes a mixture of interests. Several
to speak briefly for three minutes from variant
Mf 2. - -;
r,::
going
of them are g 6 P
points of view. Most of our group, however, will not speak. But
would like to, just once again, ask them, those that are in
letting this proposition die today, to raise their hands
favor of
so you will see that they are here. Our first speaker is a
our great civic
gentleman well known to all of you, one of
leaders, one of those who believes in this community as great as
f
anyone we know because he has a long family heritage here and
�•:
that's Lester Pancoast.
Mayor Ferre: Lester, there is a question here. As I recall, you
s. .
do live in Coconut Grove.
Mr. Freeman: I live in the City of Miami on Brickell.
Mr. Lester Pancoast: Mr. Mayor and Commissioners, twenty years
for the first time
ago a man created an expressway system, which
a high level view of the City of Miami.
gave us
Mr. Carollo: Excuse me, Mr. Pancoast, please, if I may ask all
if they can give their address
the speakers when they come up
also besides their names, and give their home address so we can
know who live in the City of Miami and who do not, please?
Mr. Pancoast: My place of work and my place of residence are
the City
both in the City of Miami. We got a high level view of
time. I shocked a lot of us and thrilled
of Miami for the first
a lot of us because we found out even the west side of our
downtown skyline was quite fascinating and has grown enormously
terrible blow. Nature
_
since. Ten years ago nature dealt us a
took away the coconut palms, which were a major symbol of this
City. Now man is considering selling out the clarity of that
it's
,..
view, even without its symbols. I question whether
intelligent to worry about the look of a garbage pile in our
to allow
communities and our neighborhoods if we are going
kind of to be thrown up high above everybody.
....
another garbage
Neighborhoods affect small numbers of people, but these
expressways affect absolutely all of us. The voters of Miami put
do not understand why
their trust in your intelligence and we
this is even coming up for consideration today. U.S.-1 mentioned
-'
earlier by you, J.L., has long been a sad failure in the City of
it.
Miami, largely because of the outburst of signs upon
signs
rn
Biscayne Boulevard staggers under the weight of enormous
it might claim in certain
.r=
which really sap it of any quality
areas. The clarity of this view is worth much more than the
effect of Miss America or "Miami Vice," the positive side of
that. The cities that have had this problem are desperately
trying to get out from under it, and we're considering taking it
on as a yoke. Houston, Atlanta, Boston, Dallas, Little Rock,
the is
which has gotten a lot bigger than you may remember, rock
bigger now; San Diego, Seattle, all of these cities are
desperately trying to undo what you gentlemen are considering
doing today.
Mr. Freeman: Mrs. Alice Wainwright, former Commissioner, who
introduced the existing regulations.
Mayor Ferre: While Mrs. Wainwright is walking up, let me say
that the time mechanism, the lights are not working, but the time
clock is working and we're keeping a record. I would ask the
:rr>
Clerk to let me know by waiving at me or otherwise when the three
Y
minutes are up. Mrs. Wainwright, we are always honored with your
that has served with
resence. I can think of no other person
more courage and dignity and diligence than you did this City in
the years that you were a City of Miami Commissioner. We are
_.._ .. r .
always honored with anything that you are involved in.
sl 34 February 28, 1985
0 a
I
Mrs. Alice Wainwright: Thank you, Mr. Mayor, for your very
gracious remarks. For the record, my name is Alice Wainwright.
My address is 3601 Bay View Road, Coconut Grove. Mr. Mayor and
members of the Commission, I wish to speak briefly why I'm
opposed to the amendment before you today. I want to very
briefly rebut a remark my distinguished attorney colleague, Mr.
Knox. He spoke about fairness. He mentioned that signs,
billboards are visible from the present I-95 expressway, but I'm
not sure he's familiar with the ordinance. Those signs do not
face I-95. They face the side streets upon which they are
located. As it has been said I had the pleasure of introducing
this present ordinance in 1995. We believe that it has served
the City well; that it was in the public interest. I think it is
worth commenting that ordinance passed the Commission by
unanimous vote. Two factors brought us into consideration about
banning billboards along the expressway. First was safety. I
also want to say that the American Association of Architects did
a complete study on the entire billboard issue nationally.
Safety was one of the factors which they felt was an element in
regulating signs. Then, of course, a very important
consideration was esthetics. We believe that there should be an
unobstructed view of the City's skyline. It was impressive then;
it is more impressive now. Many of you on the Commission have
added to the dignity and the size and the view of that skyline.
We don't want to see you undo that. We felt that wherever was
appropriate, Miami's tropical atmosphere should be preserved to
promote tourism. Heaven knows we need tourists. Mr. Pancoast
has referred to regulations in cities such as San Francisco,
Honolulu, and the State of Vermont. Those places have a booming
tourist industry, one that we would do well to emulate. Miami's
present sign ordinance is not an arbitrary ordinance. The
Planning Department held many workshops attended by members of
the outdoor advertising industry as well as planners, architects,
and members of the business community. Some of those peopple are
the
here today who participated in those workshops.
Commission level, we had two special evening meetings devoted
entirely to the ordinance, and we hammered out agreements that
the industry was happy with then, and which we felt were
reasonable. Under the ordinance that we adopted in 1965 and as
Mr. Whipple mentioned, there are hundreds of sign locations now
in the City of Miami that give an opportunity to advertise goods
and services. I'm not sure that everybody here is aware of the
broad base of the opposition to having billboards on the
expressway. Yesterday, I had a great many telephone calls from
strangers, people that I don't know at all, people that had read
the articles in the press, and people that had seen the
television coverage. They care about Miami. Some of those
people I believe are here today. I shall give you a brief
sampling of some of their comments. A realtor, who is a native
Miamian, said that he was indignant that this issue would be
seriously considered at this time. He said if the Commission
permits billboards in the expressway, those Commissioners who
vote for it should be tarred and feathered. An old lady neighbor
of mine, who is 91 years old, said as I left today, "Alice, give
them hell." I want to finally conclude by saying that you can't
argue with success. We believe that the present ordinance on the
books is a success. We feel that it would be against the public
interest of the City of Miami on its image to the touring
community and to our visitors people that have traveled all
around the world, and who are sensitive to beauty to change the
gateway to Miami, which I-95 is. Therefore, I do hope that this
amendment is not passed today because in my own view, it would be
a giant step backwards and the results would be an irreparable
damage to the City of Miami. Thank you.
APPLAUSE.
Mr. Freeman: Mr. Seth Gordon,
Greater Miami Chamber of Commerce.
Director of Public Affairs,
sl
35 February 28, 1985
T� f{
y
Mr. Seth Gordon: Mr. Mayor, Commissioners, my name is Seth
Public Affairs, Greater Miami Chamber of
Gordon, Director of
lys
realthe
Commerce. The Chamberertisinlyindu
-,;
supports the outdoor adv g try,lmmainlylways for all
listed this morning. Last
good reasons that George Knox earlier
there was a proposal in Tallahassee to drastically
year, when
limit the outdoor advertising industry in Florida, we worked with
the industry to protect their ability to operate and perform the
Local billboard
good public service that they generally perform.
honored members of the Chamber of Commerce. We
companies are
n of not s
roneood
don't like to be in a posit
ise
members, but this is one of tho rare timesupandtIntold of
the companies in the lobby earlier, I
the fellows from one of
said "I think that 99% of the time, we'd always be with you, but
.y:
every now and then, there's going to be a time when we think that
times." We would just ask
we can't, and this is one of those
to lift the restrictions on that very limited portion of
you not
our community along interstate 95, where we think it's not
appropriate for that kind of operation. We think it's true of so
No matter how valid a business
:.
many other types of businesses.
might be, it can't operate everywhere. We don't let people
operate on the beach in Miami Beach. We don't let airports exist
of instances where
in suburban neighborhoods, there are all sorts
a legitimate, valid, honorable productive business shouldn't be
allowed to operate; and we think this is one of those times.
`
Mayor Ferre: Mr. Gordon, let me ask you. Are you here
representing yourself or the Chamber of Commerce?
Mr. Gordon: The Chawoer of Commerce.
Mayor Ferre: So the Chamber has taken an official position on
this?
Mr. Gordon: Yes, sir.
Mr. Freeman: Mr. Dan Paul, representing Arts in Public Places.
y
Mr. Dan Paul: Mr. Mayor, members of the Commission, my name is
Dan Paul. My office address is 100 S. Biscayne Boulevard; my
Miami Beach. I too can't believe
home address is 19 Star Island,
that the City of Miami is really serious about relaxing billboard
restrictions. I remember the original fight, which Mrs.
Wainwright led to get the Boulevard clear of billboards. In
the big arguments for passing the $3990009000 parks
fact, one of
for people bond issue was to get rid of that great sea of
billboards that went along Biscayne Boulevard over on the port
�,:..
side. In fact, if the Commission will remember, the campaign
r
theme as a matter of fact of that bond issue, showed all of the
that billboard and said
citizens committee lined up in front of
"To this, pass the parks for people bond issue." The idea
remove
of thinking now about having a proliferation of billboards on the
expressways and major exits into think
hevery seffortunthinkable.
s
We'reidoin we can
Miami doesn't need to be ugly. g
t
to improve the looks of this City. This would be a great step
backward. One other thing I want to call to your attention,
mentioned by you, Commissioner Plummer. That is these
restrictions in this supposed ordinance of 1500 feet on either
side will not prevent proliferation. I doubt seriously that if
you pass this ordinance, that those restrictions will hold up in
for the billboard
'
court. It will just be the second step
companies to go to court and say that this discriminates, and in
r'y
fact, Mr. Knox has already alluded to that, that this
t
'
discriminates in favor of one billboard company as against
f'
another, who may have property tied up. If you are going to
for
permit billboards, you don't have any justifiable reason
thick
making them 1500 feet apart. So you will have them just as
the five or
as they can erect them along the expressway in next
I think that's
six years you are very likely to have them.
something you ought to seriously consider, because once you open
i
ryry i {
z it
4
sl 36 February 28, 1985
va 0
the door and permit billboards to be erected, limiting them is
almost an impossibility. I cite no better authority than that
from Mr. Knox. In fact, I think what we ought to be doing, is
looking at the existing ordinances that we have that permit
billboards anywhere in this City of Miami and determining whether
or not we shouldn't be adopting a program to phase those out like
the program we adopted along Biscayne Boulevard which time frame
keeps getting extended and extended and extended. I hope I live
in this area long enough to finally see the ordinance that Mrs.
Wainwright put into effect actually come in fruition in those
time frames not to be extended. I strongly urge you not to open
the door for any further billboards in the City of Miami. Thank
you.
Mayor Ferre: Mr. Paul, I'd like to give you this photograph.
You will notice that one of your favorite clients, the Miami
Herald doesn't agree with you in using billboard advertising.
Mr. Paul: I'm in favor of (INAUDIBLE).
Mr. Carollo: Wait a minute. Did I understand you correctly, Mr.
Paul, that you are going to endorse one of the motions that I'm
going to make very soon to apply the same rules and regulations
that we do to some other industries to this one here that I
passed to my colleagues, the newspaper ads.
Mr. Paul: Absolutely!
Mr. Carollo: O.K., then I'll call on you at the appropriate time
to support it.
Mr. Freeman: The next speaker is well known to you, past
president of the Miami Board of Realtors, past member of this
Commission, Ms. Rose Gordon.
Mayor Ferre: Let me say also that we're always honored to have
our former colleague, Rose Gordon. Sometimes she and I were on
opposite sides of the fence on issues, but I must say that I've
never served with anybody with more intensity and with someone
who expouses noble causes with stronger vigor than Rose, and
Rose, we're always honored to have you here.
Ms. Rose Gordon: Thank you, Mayor, Commissioners, my name is
Rose Gordon. I live at 1890 South Bayshore Drive. I have a real
estate office at 2902 Biscayne Boulevard. I'm really pleased
that I have the opportunity to address you today with regard to
the history of the ordinance, because I also played a part when
Alice Wainwright was Commissioner, I was on the Zoning and
Planning Board that reviewed the ordinance that was adopted in
1965, at which time we felt then that it was a good ordinance.
feel now that it is a good ordinance and it does not need
ed
amending to permit more billboards on the expressways.
expressways are not going to benefit from the view of the
billboards. The people aren't going to benefit from viewing
billboards. We do like the greenery that we can see as we drive
along I-95 and on the other expressways in the City. I'm simply
here to reiterate that the comments that were made by the
previous speakers were all very well spoken and the point that
was made on the spacing that could be overruled, I would remind
you that the gasoline station ordinance was amended to remove
this spacing requirements some years ago, because it was
considered unconstitutional to regulate the spacing between
private industries. So, again, I ask you to remember that if you
permit this, it's going to be a proliferation. It's something we
don't need. There is no reason why we need to have billboards.
I can't find one reason. If somebody could give me just one
reason why we need billboards on the expressways, I would perhaps
soften my view, but I cannot find any, and I hope that you don't
find any that you will uphold the ordinance. Thank you.
APPLAUSE.
s1 37 February 28, 1985
I
Mr. Freeman: Dr. Kelley, the head of the Tropical Audibon
Society.
�¢
Dr. Robert L. Kelley: I'm Dr. Robert L. Kelley; I'm president of
,<
Tropical Audibon Society. Our headquarters are located 5530
is located in
Sunset Drive, Miami, Florida 33143• That
unincorporated Dade County. I hope that the Commissioners have
received the letter from our attorney, Joseph G. Flemming,
I him to send
opposing any changes in this ordinance. authorized
1-'
you a letter on our behalf.
Mayor Ferre: Mr. Kelley, just for the record. I do have that
the
�,.,.
letter and others and I will be placing all of them on
record. We do, for the record, have Mr. Flemming's letter.
Dr. Kelley: Thank you, Mr. Mayor. I am here to reiterate our
The
opposition to any change in this billboard ordinance.
has 3,000 members living in Dade
Tropical Audibon Society almost
County and according to our survey, more than half of them either
live or work in the City of Miami. We support the objections
made by Mr. Pancoast, Mrs. Wainwright, and the other speakers.
We really wish that you would keep these ugly structures off our
for 24
expressways. I have lived in the City and in Dade County
I'm a professor at the University of Miami
of the last 27 years.
and have been for twenty years. I visit downtown Miami very
often on business. I drive I-95 and the other expressways very
that they
often. I hope that you can keep them looking the way
_
do now. Thank you.
Mr. Freeman: I'm not sure Mr. Robert Worsham...Miami Civic Club,
a coalition of civic interest groups for better government.
Mr. Robert Worsham: Good morning, thank you, Mr. Mayor,
Our
Commissioners. I'm president of the Miami Civic League.
address is 859 N.W. 15th Avenue. The Civic Association....
t
Mayor Ferre: I don't think you're stating your name for the
{.
record.
Mr. Worsham: Robert Worsham. The Miami Civic League is composed
'
of various and several civic organizations throughout the City of
Miami. This issue was brought before our last meeting in
to the
conference with some of your other opponents here
We had a unanimous vote from all organizations in
ordinance.
opposition to changing the ordinance. We strongly urge you to
zz
consider the views and the interests of the populace, the people.
{'
Thank you very much.
f
Mayor Ferre: Mr. Worsham, just for the record, so you can
represent the Miami Civic Clubs. The
clarify, you say that you
last time I looked, some times it existed and sometimes it
doesn't, with all due respects. There were fifteen or twenty
different organizations that were a part of that. How many
w
organizations does the Miami Civic Association represent?
Mr. Worsham: The Miami Civic Association, and I am the president
of the association, as recent office, we represent in excess of
ten paid community organizations. There are others that
contemplating membership that do attend our meetings.
r
Mayor Ferre: I'm not asking you about the future.
Mr. Worsham: Yes, sir, I understand.
+
Mayor Ferre: Of the ten that you do have now, how many were
present? You said you were representing the organization. How
i
many were there to vote for this?
sl 38 February 28, 1985
Mr. Worsham: We had a vote of six present; the other members
there were communicated with by myself.
Mayor Ferre: In other words, you are saying you do speak for all
ten?
Mr. Worsham: That is correct, sir.
Mayor Ferre: Thank you, sir.
Mr. Freeman: Mrs. Dilette, president of the Sierra Club.
Ms. Mary Terese Dilette: My name is Mary Terese Dilette. I'm a
board member for the Miami Sierra Club. On behalf of the 1500
members of the Sierra Club, we would like to not rescind the
ordinance as it stands on the books and take the recommendations
of the Planning Department. We see across the country how the
more enlightened states, shall we say, have chosen to take the
billboards down from their highways and we feel that this is the
way that Miami should also conduct their business. Thank you
very much.
Mr. Freeman: I apologize, I was afraid I would mispronounce her
name. David Perez, president of the South Florida Chapter of the
A.I.A.
Mr. David Perez: Mr. Mayor, members of the Commission, my name
is David Perez. I'm the president of the Florida South Chapter
of the American Institute of Architects and have our headquarters
at 1150 S.W. 22nd Street in Miami. I come here today to stress
the official position of our chapter in an area in which we
believe that we have professional expertise and it is the visual
integrity of the built environment. Our chapter would like to
voice its concerns regarding the amendment to the sign
under the existing
regulation. The regulation, ordinance, were
endorsed by our chapter as a reasonable and proper sign
h' legislation. We have been very disturbed with the fact that
through the times there would be a billboard removal and not
M' being effectuated and at this point we believe have little
-` priority within the City agenda. The amendments presently before
this Commission are deemed to be further relaxation of the
existing billboard regulations. Our chapter opposes strongly
this amendment. The proposed sign height is excessive and we
believe is not in scale with out urban structure. I think this
_ could actually become a true eye sore, as you can see here. The
Y;.. billboard spacing would not necessarily limit the number of new
signs and definitely would impact in the land use pattern and the
changing of the angle, when view in contact with the other
elements of this proposed amendment.
David excuse me I don't see any of the cameras
fi p
Mayor Ferre: , t
'
rolling now. Could we turn off these lights? You have no idea
,a
how hot it gets under these lights after a three or four hours.
#� r Thank you. Whenever you want them, we'll put them back on.
Mr. Perez: The changing of the angle, when viewing contacts with
y the other parts of the amendment and adding the element of speed
of the highway, it has no merit. Consequently, our chapter
strongly urges this Commission to turn down the proposed
amendment that will weaken the existing ordinance and could lead
to the elimination of existing controls. Thank you very much.
{ ! Mayor Ferre: The next speaker.
Mr. Freeman: Mr. Joseph Abrell, attorney.
' Mr. Joseph Abrell: For the record, Joseph P. Abrell, my business
address is 25 W. Flagler Street. Mr. Mayor, Commissioners, when
I arrived this morning, it had not been my intention nor had it
been my intention to not speak. But there is a point S think
al 39 February 28, 1985
r
needs to be made that is not being made. Signs like this be
the
permitted in areas abutting the airport expressway, 36th
aesthea cso
Street expressway, and I-95, while we talkabout
on the exeresswaytibut
the view from the expressway, the safety P
who live in the neighborhoods who are
�
gentlemen, there are people
renters abutting property owners up and down those three
thoroughfare and they're going to have to live with that. I
that this Commission ought not require that those
suggest to you
people live with this. It's ugly.
APPLAUSE.
.-'
Mr. Dawkins: May I ask you a question, sir? Hold that up again,
r
sir. Is that on private or public property?
,.
Mr. Abrell: From what I can see, sir, this is on private
{z=_
property.
Mr. Dawkins: So therefore, that sign could not go there if the
individual did not permit it on his private property. Am I
right?
APPLAUSE
Mr. Abrell: Yes, sir, but the point I would make to you,
Y.,
"-
Commissioner Dawkins, is that the people who rent in this
building and the people who live in abutting properties don't get
economic benefit, but they have to live with it.
Mr. Dawkins: But this is America, and you have the right to do
with your land what you want, if you own it.
Mr. Abrell: No, sir.
,
Mr. Dawkins: If the owner of that property gives a right for
'
that sign to go there, I don't think me, you or anybody in here
should deny that individual that right.
APPLAUSE.
Mr. Abrell: Commissioner, you do that every time you enforce
time vote against the zoning
-
your zoning ordinance and every you
variance request, and the Commission lawfully did it in 1964,
when they adopted the present ordinance, which is a lawful
regulation.
APPLAUSE.
Mr. Freeman: Our last speaker is Mr. Douglas Halls.
Mr. Douglas Halls: My name is Douglas Halls. My office address
is 100 S. Biscayne Boulevard, City of Miami, with the law firm of
ra r
Thompson, Zeder, Bohrer, Werth, Adorno, & Razook. I believe
Parker Thompson has written a letter; it's on your file.
r_ ..
Mayor Ferre: Yes, it will be placed on the record.
Mr. Halls: Thank you. Our firm for years has been involved in
civic activities relating to the Miami community and Dade County
generally, particularly with respects to Biscayne Bay. We've
made great strides in recent years to overcome image problems in
the City of Miami. Recently we've had image problems created by
civil disturbances, drug traffic, crime. The Miami image is also
reflected in the visual image which it portrays. We believe that
the ordinance passed some twenty years ago is an excellent
ordinance. It's worked; it should be kept on the books. There
if
is no reason for this Commission now to take a set back. Thank
you.
Mr. Freeman: Mayor, this coalition was put together hastily, but
it does represent a good cross section of the economic and the
t
neighborhood and the environmental interest of Miami. We all do
agree that our vistas in this community need protection for
reasons. The key
economic as well as environmental and aesthetic
y s t
�i#'s•O�
sl 40 February 28, 1985
V,
r fay;
it
to economic vitality is we have so sadly demonstrated to the
world is the perceived life style that we have. We have an
environmental and an economic personality. We've made lots of
alterations in that personality, particularly in the last five or
six years. We are coming back. We are beginning to put our
personality before the world back in shape, but it can't stand a
lot of alterations. The high quality that's demanded by citizens
and visitors cannot be maintained, much less avoid degradation
with backward steps such as this proposal. Let's put all this
civic energy to work and improve in our great city not beating it
down. Thank you.
APPLAUSE.
Mayor Ferre: Are there any more proponent speakers?
'm sorry,
opponent speakers. These are people that are opposedtB
ordinance. Any other speakers? All right, we'll hear from you
first, sir, and then from you.
Mr. Frank Martinez: Mr. Mayor, Commission, my name is Frank
Martinez, business manager of local union 1175 sign painters.
I've lived in this area since 1930• I think we have a beautiful
city and by putting more billboards in I-95, I still state that
it is a dangerous thing. People looking at the signs and take
their eyes away from the road, put more signs on the roads and
you will have more accidents. Again, I believe in this City.
I've lived here practically all my life. I want to see a
beautiful City. I cannot see an ordinance passed putting
bulletin boards on I-959 it was left to my people, we would get
rid of all bulletin boards in the City of Miami and Dade County.
Thank you.
Mayor Ferre: Is your union a member of the AFL-CIO?
Mr. Martinez: Yes, sir, it is.
Mayor Ferre: Let me ask you this. Are you here expressing your
opinion or are your expressing the union's opinion?
Mr. Martinez: I spoke to my board and my board is totally in
favor of my coming here and speaking against this ordinance.
Mayor Ferre: I see Dan Horton is sitting next to you. Did this
go up to the executive board of the local AFL-CIO?
Mr. Martinez: Ask Dan Horton on that when he comes up here. I
do not know that, but I have spoken to Ed Stevenson, head of the
South Florida AFL-CIO.
Mayor Ferre: My question is are you speaking individually, for
your union, or for the AFL-CIO?
Mr. Martinez: I'm speaking individually and for my union.
Mayor Ferre: I see, thank you. Mr. Horton.
Mr. Dan Horton: Thank you, Mr. Mayor, Commissioners, Dan Horton,
political director for the South Florida AFL-CIO, office at 2409
N.W. 17th Avenue. I've appeared in front of this Commission
numerous times in the last few years, most often with our billing
trade unions. I will tell you first, Mr. Mayor, that the South
Florida AFL-CIO is on record as supporting the current law and
opposing any change to it. I'd like to take a moment to explain
that. We've come before this Commission numerous times on many
projects in this City with many of our people here on occasion
from these different unions, many of which you all know and many
of which keep their headquarters within the City of Miami and
have members within the City. We're pretty proud of the fact
that we've helped build major new city in the South; that's
something to be proud of. Almost every building in that skyline
has been built with our people providing the labor to do it.
31 41 February 28, 1985
K�
t
A
Frankly, it is an aesthetic argument to us. It truly is. It's a
beautiful skyline and there's no need to mar it. We're not
talking about outlawing an industry. Your own department tells
you there's almost 600 locations within the City where these
people can do business. That's what zoning is designed to do.
In that somebody had to be here on zoning matters, I submit to
you that what an individual does with their private properties is
indeed their right within zoning guidelines. Just because I have
a piece of property in the City, that doesn't mean I can build a
30 story building on it either, unless I come here and it's
deemed in the public interest and everything is there to support
that facility. The ofitable. fact is this
hIt obviously exists an in have Miami; loof
it
seems to be very p y
people here. The do a good business. There's nothing wrong with
that. But we submit, that after all the work this Commission and
our people together jointly have continued to pug: into this City,
that image is more important to tourism and our development than
anything else we can do. To mar that area to obstruct that view
from one of the few arterial roads where you can still get a
clear view of the City doesn't serve our best interest. The only
other thing I could point out, and I won't use the entire three
minutes, if I did use the entire three minutes, on 1500 foot
spacing, I would passed nine of those signs in three minutes at
55 miles an hour on I-959 assuming they were minimally spaced.
If I went 11 seconds over, that would be the tenth sign. That's
the kind of image we don't need to send to people that come down
to see this beautiful City. Thank you.
APPLAUSE.
Mayor Ferre: Are there any other speakers that are opponents?
Yes, sir. Opponent to the sign, those who want to change the
existing law and pass this law on second reading.
Mr. Richard Rose: Mr. Mayor, Commissioners of the City of Miami,
my name is Richard Rose; I'm an architect developer. I was born
in the City of Miami. If I may, I also am a property owner at 45
N.W. 46 Street. I would like to read to you four short lines
from a great Chilean poet. I would like to do so in Spanish and
in English.
"Toda la vida es roja y blanca. Toda la claridad is
oscura; y no todo es tierra y adobe. Hay en mi
hereneia sombra y suenos."
That translates into four beautiful sentences that I think have
great meaning for us today. The whole of life is red and white.
The clear is also the obscure. Not everything is earth and mud.
Shadows and dreams are my inheritance. I think it is incumbent
upon us to protect the beauty of this City nor only for us who
live here today, but for the children who come tomorrow. Signs
are an obliteration upon the sky, upon the stars, upon the
evening, upon the clouds that this City has. I would beg you to
replace this amendment with an amendment to plant 109000 trees in
the City of Miami. Thank you.
APPLAUSE.
Mayor Ferre: Are there any other speakers in opposition? Now we
will hear the proponents. I think there were some people here
that wanted to be speakers for the proponents.
Mr. Plummer: Mr. Mayor, let me only ask you....
Mayor Ferre: Hold on, J.L., are there any people here not part
of the official group that are official group that are citizens
that wish to speak for the ordinance? Please step up, ma'am.
Mr. Plummer: Mr. Mayor, for
policy is that the last speaker
is your intent to conclude this
will break as the policy of this
a matter of clarification, our
at noon is the last speaker. It
matter or is it a matter that we
Commission?
sl
42 February 28, 1965
L]
Mayor Ferre: I think we're very close, hopefully, of
winding this thing up and voting for it one way or the
other. I think it serves little purpose to come back at
2:00 o'clock. I would hope that we could wind it up now. I
think we're almost there. I think she's the last speaker.
Ms. Rusty Bergran: I'm for passing this billboard
ordinance. I read in the paper yesterday...my name is Rusty
Bergran; I live at 700 Biltmore Way. I do live in the City
of Coral Gables, but I do drive on I-95.
Mayor Ferre: That's all right. We'll let you speak.
Ms. Bergran: I believe in free enterprise. I've lived in
Dade County for 16 years. I've seen a lot of things change,
the skyline change. From what I've read in the paper, from
where they're going to put the billboards, they're not
really going in residential areas. I've also seen people
like the Miami Herald and also various chambers of commerce
use these billboards. We've also used them to fight in
community causes, such as drunk driving, which I think is
very important to advertise these needs. We've also used
them for policemen appreciation and tourism benefits. I
don't think they're a blight on our City. I think they help
our City economically quite a lot. Accidents that people
are saying that are going to happen, they've only been by a
guess by the Planning Board. I haven't seen any statistics
by them except by the people that own the billboards.
They've shown statistics that they haven't been proved to
happen. That's all really I have to say.
APPLAUSE.
Mayor Ferre: Are there any other speakers that are
proponents. Please step up; don't be bashful. We're not
going to ... we're trying to save a little time, so move right
along.
Mr. John Dawson: Mr. Mayor, Commissioners, my name is John
Dawson. I live in Miramar Isles. I'm here as a guest of a
Miami businessman. I've been in Florida now 29 years. I
drive over 55,000 miles a year. I've never had a chargeable
accident in this state and I don't see all this hubbub about
the billboards causing accidents. I think my record speaks
for itself. It may or may not mean anything. Thank you.
APPLAUSE.
Mayor Ferre: Anybody else, any other public speakers?
Please step up. After this I'm going to ask for a motion to
close off the public portion of this and then when we get to
the final arguments and to the Commission questions.
Mr. Susaeasa: I own property in the City of Miami. I
really think the signs are O.K.; I like those next to the I-
95 because I see other cities and they have them and it
really looks good. That's all I can say. Susacasa is my
name.
Mayor Ferre: Is there anything else you want to say? Thank
you. Are there any more public speakers at this time? If
there are not, is there a motion to close the public
hearing?
Mr. Plummer: Are you going to give him a rebuttal?
Mayor Ferre: Yes, but those are representatives.
Mr. Plummer: So move.
Mayor Ferre: I will recognize at the invitation of the
Chair or members of the Commission we'll give each of these
al
43
February 28, 1985
a
0
�F
two sides, and Mr. Freeman, you'll have to choose who your
.,=
spokesman is, yourself or whomever you wish, to finalize
this debate before we get to questions from the Commission.
;J
But what I'm trying to do is try to avoid further discussion
from members of the public. Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Further discussion? Call the roll.
THEREUPON MOTION DULY MADE AND SECONDED, THE
PUBLIC PORTION OF THE PUBLIC HEARING WAS CLOSED BY
THE FOLLOWING VOTE:
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: All right, Mr. Knox, for your closing
statement.
Mr. Knox: Thank you very much, Mr. Mayor, and again, I will
be brief. There is a great value in formulating and
endeavoring to persuade public opinion through use of
special interest groups, which is laudable and a part of the
American way. But there is a question we would have this
Commission consider, of context in the sense that what may
be aesthetically pleasing to one may not be aesthetically
pleasing to another. There are those, for example, who at
one point in the City's history, enjoyed driving along I-95
to receive what has been called today a high level view of
the City of Miami and found some source of strength or
q encouragement from observing travertine marble buildings
arising along Biscayne Boulevard. Today, those persons
;1 cannot see those travertine buildings because they are
obscured by what those persons would call visual pollution.
There are those who have traveled 150 miles southward on the
Turnpike who intermittently have been advised that there is
rest and respite at the 79th Street Holiday Inn and by the
MqF-
�.:.. r= time they arrive at the exit, they don't know that they have
arrived. Those persons who are seeking in
about
lodging are those persons who are lost in endeavoring to
" find a place to rest, would not find information signs to be
visual pollution. The question is whether or not the
touring public and even our citizens may have benefit of
information about attractions and perhaps life-saving
ys information that is provided by outdoor advertising. The
r;Pr last question represents a burden on this government as with
any government. That burden is to show our most
overwhelming justification for supporting a system of
regulation that denies one classification of persons, equal
,K protection of the laws, by providing opportunities and
X` privileges to others who occupy that same classification.
- #µ We ask this Commission what is reasonable, correct, and
right. Thank you.
APPLAUSE.
Mr. Freeman: We're not really here arguing about whether or
not we're going to have billboards. We're simply talking
about the degree to which in the best interest of all the
citizens of this area billboards should be regulated. Since
1964 we have used the present system. There is no mandate
of the citizenry nor no value in change and there are many
detriments. We urge you not to change it.
sl 44 February 28, 1985
Mayor Ferre: All right, we're at the level of the
Commission questions, and I would like to ask that you limit
this strictly to questions rather than comments until we get
the question portion through, and then I'll recognize you
for comments. Questions.
Mr. Plummer: Mr. Mayor, mine are mostly comments.
Mayor Ferre: Any questions at this time?
Mr. Dawkins: I have some, but I don't know who to ask them,
Mr. Mayor.
Mr. Plummer: Let me ask a question. I don't know whether I
want to ask it of the department or of the City Attorney. I
had never seen that one billboard that was shown there, the
True. That, to me, I want to tell you, is just completely
out of question. Madam City Attorney, is there a way that
if I vote for this, that we can, in fact, not permit this
kind of a sign, but that as we know of normal outdoor
advertising? Can we so write that into the ordinance?
Mrs. Dougherty: Yes, sir, I'm not sure that it isn't
already. Is it already?
Mr. Plummer: The only other question I have, Mr. Mayor...
Mayor Ferre: By normal you mean just that they would have
two sides rather than three sides?
Mr. Plummer: Well, show the other one what I consider to be
the norm, those that normally exist, I've never seen
anything like that before.
Mayor Ferre: Maybe that's...is that normal?
Mr. Plummer: I assume that would be called a two-
sided —no, not the Kent, the Kent is the same as the True,
the daikin as shown by Mr. Pancoast.
Mrs. Dougherty: Can you have more than one place?
Mr. Carollo: In other words, you're saying like this one
here the Miami Herald paid for, right Commissioner?
Mr. Plummer: No, sir that's not what I said. In other
words, Madam City Attorney, we can then in fact prohibit
that kind of a situation. Is that true?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: My other question is to the industry and not
to any other, because it is my understanding there are
probably four or five or six different companies involved
and I don't know if any one can speak for those. One of the
things that I'm very much interested in is we did with the
bus bench advertising, I think it was very good for this
City. That is that we demanded and received a certain
allotment of bus benches for public service announcements or
public service good. Madam City Attorney, how would I, if
this were to be approved, extract that on behalf of this
community or this City requiring that they must provide
public service announcements. The ordinance that was passed
by the state, I have no problem with as far as tourist
relation and things of that nature. Is it permissible that
we can write that into the ordinance? If that's what you
want or a sign that says, "It's lunch time. Let's go to
lunch." I remember the industry before volunteered it. Is
that what I'm looking for here that they would volunteer it?
sl 45 February 28, 1985
A
F
4W
How would you, when there is a number of companies, how
would you get the same extractions from all, if that's
possible?
Mrs. Dougherty: Mr. Commissioner, the other industry
volunteered it. The reason they volunteered it, is because
that was a contract zoning. I don't know of any way you
could impose it on all of the industry.
Mr. Dawkins: Madam City Attorney, along the same lines,
I've looked at five different configurations of signs along
the same lines of what J.L. said. How do we, if this
passes, regulate the signs? That is have one uniform sign,
one uniform size and that's it.
Mrs. Dougherty: Mr. Commissioner, like all regulations,
when you make distinctions between one kind of sign and
another one when you are passing these kinds of regulations,
it has to be on a rational basis. This record is going to
have to reflect the reasons why you want a particular size,
sign, or a particular sided sign as opposed to a three -sided
sign. So in order for your regulations to be reasonable,
you are going to reflect in the record the basis for those
regulations.
Mr. Dawkins: Let me put on the record now that the three
sided monster is unsightly, unwanted, and unneeded.
Mayor Ferre: That's objective. You got to make it more....
Mr. Dawkins: Well, she says state my ... go ahead, Maurice.
Maurice is going to tell us how we can do it. Go ahead.
Mayor Ferre: No, I don't know how to do it.
Mr. Dawkins: I mean how we should do it.
Mayor Ferre: I think the point is that what you're saying
is that it's ugly and unsightly and all that is a very
subjective opinion, because the opponents can say we feel
the same way about the two-sided one as the three -sided one.
I think you have to put some specific language, and I think
it has to do with bulk. Lucia, help me on this. I think,
is there a cogent, legal argument that could be made on
bulk. In other words, the magnitude of the size. I think
we have a right to regulate. Don't we?
Mrs. Dougherty: Yes, you can regulate the size, not the
content, but the size, yes.
Mr. Dawkins: So if I said we don't want anything larger
than nine by ten on one side. Is that legal?
Mrs. Dougherty: If there is a reason for it, if you have a
rational basis for that, and that should be a planning or
safety....
Mr. Dawkins: If I say I wanted a nine by ten and nothing
more and I think it's rational, you show me where it's
irrational.
Mrs. Dougherty: I can't show you where it's irrational.
Mr. Plummer: I think what he's saying is show me what
is....
Mr. Knox: I think I can help a little bit, if you so
desire, Mr. Mayor, members of the Commission.
si
46 February 28, 1985
t.
4[SX::r
Mr. Dawkins: No, I don't need anything from you. You
better keep quiet while you're winning.
Mr. Plummer: Madam City Attorney, I think that the thing
that is trying to be said is, what is the rational used
today for the existing billboards to be in existing size.
Is it that they shallhall not not be moreed a thancertain two-faced width
orand
one -faced?
Is it they shall
Is that a rational? Is that a justification?
Mrs. Dougherty: Yes, the ordinances are presumed valid.
You're the legislative bodyreasonable ordinancesat When you
have the
responsibility for passing
do pass such an ordinance, they're presumed valid, and the
other side has the burden of proving the unreasonableness of
it. Obviously, some size signs are going to be too large.
There's going to have to be a point in which
the allhave
context of
decide what is the right size sign given
where it's going to be.
Mr. Dawkins: One more question.
Mrs. Dougherty: Of course, aesthetics is always a basis for
that.
Mr. Dawkins: One more question to the Manager or anybody
you can designate to answer. How does the City of Miami
advertise?
Mr. Rosencrantz: Mr. Commissioner, it depends upon the
el. If particular subject
talking about advertising forrtourism,n for aboutyou're
promotion..
Mr. Dawkins: Billboards, does the City of Miami use
billboards outside of Miami to advertise to draw tourists?
Mr. Plummer: Outside?
Mr. Dawkins: Outside of the City of Miami.
Mr. Rosencrantz: I don't believe that we do, but I don't
know for sure whether we do or not. But it's never come to
my attention itold be possiblethatwe could.
a would place to
advertise, but
Mr. Plummer: But I think the point he's trying to make is
all of us have traveled the turnpike and I-95 and from about
the Georgia line down, private industry is doing one hell of
a job to get people to come beyond Orlando.
As you know and
I know, 36,0009000 people in 1982 came into the State of
Florida. Only 1290009000 or one third of them came further
south than Orlando. The idea that this community sells sand
and surf, they can go one hour trip over to Daytona and go
back home where if they go to Disney World and then come
here, it's an additional four hours down and an additional
four hours back. I want to tell you that the hotel
industry, the restaurant industry have done one hell of a
job from the Georgia line to Orlando, everything humanly
possible to get people to go beyond Orlando further south.
I think d tine money.the point
t whether i industry along the turnpike
p are doing it
if we had Y
and I-95 is doing one hell of a job to do it.
Mayor Ferre: What's your question?
Mr. Plummer: No, I'm just trying to say that I feel that is
existing today.
Mayor Ferre: We're not in comments yet. We'll have plenty
of time for that. Any further questions? Hearing none, now
we're into comments. Plummer, continue to comment.
sl 47 February 28, 1985
-A,
Mr. Plummer: Mr. Mayor, let me say there's three areas that
I really want to speak to in this particular defense case. e
The
first is well known and long thought, y
enterprise. We're not here today to argue the point of are
we going to or not going to, the point is are we goito
ng
pand? That comes to my ono
possibly expand or not ex
point. My second point is the gentleman spoke, Joe I think
it was, of the concern of residents and their concerns.
is my understanding, as proposed before us today that these
signs would only be allowed in a commercial district, not in
a residential district. The next area that I speak to is
that of safety. I don't have statistics. I've heard
statistics given, whether or not they are correctI'm not
in a position to argue for or against. What I will argue
for is that these, if allowed, would not be allowed to be of
a distracting nature and let me clarify for the record,
there are billboards that have flashing lights, there are
billboards that have moving p
arts, like hands waiving, and
to me that would be distracting.
It would be a safety
factor. Mr. Mayor, the final comment that I want to make or
the comparison that I want to draw is a convention center
that we are presently having a $6.2 million subsidy to every
year. How many times have you and I gone to that convention
center to see some veryfantastic
apeoplec latertsand dthe they were not
is
half full. You speak
aware that event, whatever it was even took place.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mr. Plummer: Excuse me? Well, that's their problem. Mr.
Mayor, in Houston, Texas where I went and studied the
Astrodome, and they do make money on the Astrodome.
They
have public serycalendar. ice billboards throughout The pe people community of Houston
that show a 30 day event on
have the opportunity at all times wishnto ow what t nds going the
in the Houston Astrodome if the is I think there can be a
final analysis what I'm saying
beneficial point to the outdoor advertising. Like anything,
it must be done hatmiseration and what we musts bemust
addressing ou selves
ood
taste. I think that
to. Thank you.
APPLAUSE.
Mayor Ferre: Other comments? Are we ready for a motion,
then? Is there a motion?
Mrs. Dougherty: Do you want your amendments?
Mr. Plummer: I would like to clarify these points, Mr.
Mayor, that I brought up.
I'm following the same process I always
Mayor Ferre: Sir,
follow. I ask for questions, I ask for comments. After
everybody has made their comments, I ask for asked ions and
then we vote. You made a comment.
comments. Nobody spoke up, so I'm ready for motions now.
If you want to put motions to amend it to two sides, that
there be no flashing hat r tisbea public
c lservice billboathat rds sizes
be limited,
recognize you for that purpose.
Mr. Plummer: Madam City Attorney, assist me of such a
motion.
Mrs. Dougherty: Mr. Commissioner, if you look at page 21
section 202615.1, it can be amended to state the area of the
outdoor advertising
ace. Then shall not exceed additional language, such surfaces
are feet
for each surf surfaces
sl 48 February 28, 1985
}1
a kx
llt
1't
shall be limited to two, including embellishments. If any
such sign and embelishment are measured as provided in
shall not contain flashing lights
section 203. Such signs
movingarts. With respect to the public service
p
�r
or any
messages, Mr. Commissioner, that would be....
�a
Mayor Ferre: Lucia, this is Dawkins' statement, so he can
fast He said
h
get into it, but you're going a little now.
feet. You're talking
F
nine by ten; that's ninety square
about 750.
Mrs. Dougherty: That's the existing ordinance, 750. If you
want to reduce it, that's fine.
Mr. Plummer: Excuse me, Mr. Mayor, how do you amend a
that a
motion that hasn't passed? Isn't it proper
motion....
Mayor Ferre: No, legislatively what you do isthere
reading, therefores
r
proposed document before you on second
for you to change that, you must make, this is a second
reading. There is a proper document before you. You must
to amend the document. I recognize you for
now make motions
that purpose.
art.;
Mr. Plummer: I stand corrected.
,:.
The language I have just read has three
Mayor Ferre:
amendments limited to two surfaces, no flashing lights, and
no moving parts. The public service messages is not a
permissible regulation.
Mr. Knox: May I address that please?
Mr. Carollo: Can we include, sorry, George, something to
the effect that as far as the structure is built for the
billboard, there would not be a structures allowed to be
built with the wooden poles like this Herald billboard is
in. You have several kinds that are built. You have some
j
that have the steel structure, which are the safest type.
They are also much more expensive than this type, but
they're the safest type.
Mayor Ferre: Wait, Joe, that now is a fifth amendment you
want to make to it. In other words, what you're saying is
you want to add into this that these structures be steel or
concrete and that no wooden posts be allowed. Is that it?
Mr. Carollo: I don't believe, at least I don't know of any
P11-
that are made out of concrete. I think....
Mayor Ferre: Steel structures.
,x
Mr. Carollo: ....the structures, the modern type that is
the safest.
Mayor Ferre: No wood structures.
Mr. Carollo: No wood structures.
M1F
Mr. Plummer: Mr. Mayor, is it proper that I offer my three
amendments and ask for a vote and then we go to the other
individual amendments that are proffered by Commissioners?
Mayor Ferre: Sure, yes, sir.
Mr. Plummer: I proffer those three and then I would
understand from you, Madam City Attorney, if there is to be
'' any proffering from the industry, it must be on a voluntary
%iN `
basis.
sl 49 February 28, 1985
i
r��
Mrs. Dougherty: By each company.
Mayor Ferre: See, if you have five companies. One company
may want to do it and the other company won't have any
interest in doing it, so you can't force them to do it, is
what she's saying. In the case of the bus benches....
Mrs. Dougherty: That was on the public right of way.
Mayor Ferre: ....we had an RFP it was public property, this
is private, and there was an RFP out and we said all right,
we'll give you a license for a right to put up these bus
benches and here's what we want. But this is different.
Mr. Plummer: Madam City Attorney, tell me how to accomplish
this.
Mrs. Dougherty: Mr. Commissioner, you can't accomplish
that.
Mr. Knox: May I address that?
Mayor Ferre: All right.
Mr. Knox: On behalf of E.A. Hancock Advertising, I've been
authorized to advise the Commission that E.A. Hancock will
certainly adhere to any policy of the Commission that
whatever privileges it is granted by virtue of your
legislative discretion, it recognizes a concurrent
obligation to provide benefits to the public. Because of
their expertise, that benefit would of course be in working
with the City and its staff to insure that public service
announcements or other kinds of advertisement for the City
of Miami would be provided.
Mayor Ferre: George, let's define that, because that's, and
I commend you and your client for your generosity, but I
think we need to get specific. How many signs, if this
thing passes, how many signs will be allowed to be built on
the highway?
Mr. Knox: As I understand it, we're talking about
approximately six miles of roadway where our signs will be
permitted.
Mayor Ferre: So at the maximum, they went and got every
sign they could get on every legal location, how many signs
would we have?
UNIDENTIFIED SPEAKER: The most you could put up, Mr. Mayor,
would be about seventeen signs, if you got every location.
Mayor Ferre: Seventeen, so the question is following what,
is it your amendment of public service?
Mr. Plummer: I'd like to, but....
Mr. Plummer: To what Plummer is saying of the seventeen
signs, what proportion of those would have public
advertisement, public service ads at one time?
Mr. Knox: That is a detail that can be worked out. I think
a kind of a numerical or even a monetary basis could be
worked out in order to accomplish that.
=� Mayor Ferre: George, we're on second reading. So, once we
pass this, you have vested rights. We need to get that kind
s of pinned down and defined.
sl 50
February 280 1985
0
Mr. Carollo: Y have to ask a question. Did l understand
correctly that in the whole area of this being brought up
for a change, that the most signs that you can place is
approximately 17 signs?
Mr. Knox: Yes, sir.
Mr. Carollo: I don't understand the...seventeen signs is
nothing. We have hundreds of signs all over this City.
Mr. Whipple: We would suggest that is not an accurate
assessment of what could be placed along the expressway.
The map in front of you in the red color shows the areas
that will be available for billboards.
Mayor Ferre: What is your opinion?
Mr. Whipple: It would allow at least fifty billboards in
our opinion.
Mayor Ferre: Fifty billboards.
Mr. Whipple: Fifty sites for billboards.
Mr. Knox: There is a difference of opinion about that, but
to answer the original question, Mr. Mayor, if we talk about
that and if we talk about the rent structure usually
associated with that, then we're talking about probably
$50,000 worth of advertising that would benefit the City of
Miami.
Mayor Ferre: Mr. Knox, Commissioner Plummer has bought up a
cogent point and that is that deals with public messages on
these 50 or 17 billboards. So, he has turned to the City
Attorney and said, please give me a way to accomplish
legislatively what I want to do legally. That's the
question that I want you to address yourself to. You can
speak for the Hancock Company; but can you speak for Ackerly
and can you speak for any of the other advertising
companies?
Mr. Knox: No, sir, but I do suggest that if you have an
announced legislative policy of expecting a benefit to
accrue to the City, if the City confers the benefit, then
everybody would have to live with that policy.
Mayor Ferre: Unless they take us to court and in the court
of course, we couldn't enforce it.
Mr. Plummer: Repeat that, Mr. Knox.
Mrs. Dougherty: I heard it. I heard it. You don't have
to... What you are suggesting is to pass a resolution and
say that this is what we'd like from the industry.
Mr. Knox: No, I'm suggesting that you make a policy
statement that when people receive benefits from the City of
Miami, they have a corporate duty or a civic duty to provide
some reciprocal benefit to the City of Miami.
Mayor Ferre: That's like saying, all right, Barnett Bank,
since you have banking offices in Miami and you do well, you
ought to help the United Way.
Mr. Plummer: Wait a minute, let me try this one on. For
every billboard erected that every permit granted that they
have to give us X number of months per year for public
service announcements. Is that within the realm allowed?
Mrs. Dougherty: No.
sl
51
February 289 1985
A
Mr. Knox: They don't have to, but they volunteer to.
Mrs. Dougherty: There is no way to enforce it. If they
voluntarily do it, that's to the City's benefit, but there
is no way to enforce that kind of regulation.
Mr. Plummer: There is no way that I can accept....
Mayor Ferre: Mr. Hancock, do you want to talk to the issue?
Mr. Plummer: I can't accept their volunteer and have all
the rest of them get scot free and not do anything. That's
not fair, absolutely not fair.
Mayor Ferre: Mr. Hancock, senior or junior.
Mr. Charlie Hancock: It's hard for me to stand here and say
what the other people in the industry would do.
Mr. Plummer: You can't.
Mr. Hancock: I can't, but we have permits in here for six
locations, all we would get out of this because of the
spacing. I have told George that we would give $50,000 a
year in advertising to the City.
Mr. Plummer: But do you understand our dilemma?
Mr. Hancock: I understand what you are trying to do.
Mr. Plummer: No, but do you understand our dilemma? Our
dilemma is that's fine with you, and it's generous on your
part, but what about the other four, or five or six
companies, how do we say to them, O.K., you want to be fair
with us, we want to be fair with you. How do I get over
that? That's my problem.
Mr. Hancock: I can't answer for them.
Mr. Knox: You have been quite successful over the past
eight years that I've observed you in....
Mr. Plummer: Yes, but that was for black olive trees.
Mayor Ferre: The problem, see, that's very nice, George,
but every time Plummer extracts black olive trees from
people, they're getting something at that point. They're
coming in here saying we want this alley closed. Then, we
end up with 500 more black olive trees. That's fine, but
the point is that once this thing is passed on second
ordinance and you have a vested right, Gene may be talking
about six sites that he has in mind. There are eleven
others according to his count, according to the City's
count, there were a total of 50. If he has six, there are
44 others and the question, I think, is that they don't have
to come and ask for anything. All they need to do is get
the locations and put up the signs. They could say, "We
didn't know about the legislative intent. We weren't at the
meeting. We didn't read the newspaper story." Five years
from now, six years from now, nobody is going to remember
any of this.
Mr. Carollo: I think we should send them a notice and
advertise their notice.
Mayor Ferre: Whatever it is, let's get on with this,
because we need to get down. Plummer, how do you want to
word this?
sl
52 February 28, 1965
Z
7K
Mr. Carollo: Madam Attorney, will it be legal for us to
place a notice as to what the intent would be, to place a
notice in the appropriate publications that we advertise in
then, all the known billboard companies in South Florida
send them a written notice also.
Mrs. Dougherty: Yes, sir.
Mayor Ferre: It would have to be when they pull a permit.
You know, fifteen years from now, they're not going to
remember too much of what happened here today.
Mrs. Dougherty: Mr.
can put a notice in,
of it.
Vice Mayor, I mean, Mr. Vice Mayor, you
but the problem is again enforceability
Mayor Ferre: Make your motion, Plummer, on this issue,
whatever it is.
Mr. Plummer: Mr. Mayor, on the three amendments that I
would want, I spoke to what was the devices....
Mayor Ferre: What?
Mrs. Dougherty: No flashing lights or moving parts and the
surfaces would be limited to two.
Mr. Plummer: All right. I offer those two amendments, if
that is in order.
Mayor Ferre: Is there a second?
Mr. Mayor Ferre: Further discussion on the two amendments
as proffered? Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-181
A MOTION AMENDING PROPOSED SECOND
READING ORDINANCE, SEC. 20269 ART. 20
(OR. 9500) "SIGNS - GENERAL &
SUPPLEMENTARY REGULATIONS" REGARDING
BILLBOARDS, ETC., BY INSTRUCTING THE
PLANNING DEPARTMENT TO AMEND SAID
ORDINANCE TO STATE THAT THERE SHALL BE
NO FLASHING LIGHTS OR MOVING PARTS ON
THE FACE OF BILLBOARDS AND THAT THE
CONSTRUCTION OF BILLBOARDS SHALL CONTAIN
NO MORE THAN TWO FACES.
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.
Mr. Plummer: Mr. Mayor, my other one I don't know how to
overcome.
Mayor Ferre: Well, I think you have to put it on a best try
effort. I don't see that you can do it any other way.
sl 53 February 280 1985
Mr. Dawkins: Let me ask a question of Mr. Knox. Mr. Knox,
how many miles of I-95 are we discussing?
Mr. Knox: Let me have Charlie Hancock to explain that.
Mr. Charlie Hancock: My name is Charlie Hancock, Hancock
Advertising. I've made a map here to indicate and show to
you exactly where billboards can be built and cannot. if
you will notice, everything that is done in red is where you
are not allowed to put a billboard. If you will notice, it
is most of the area in all this City. As a matter of fact,
you can see it is severely limited as to where you can put
billboards and they're only in industrial, commercial, and
waterfront industrial. Those are the only areas that could
be built. Red is where you cannot build; yellow is where
you can build.
Mr. Dawkins: How many miles is it that you can build?
Mr. Hancock: I haven't figured out the miles, Commissioner.
It's approximately....
Mr. Dawkins: What limits you to six boards, seven boards?
Mr. Hancock: It's just a matter of spacing and leasing is
probably all we would come out with when we get down with
the permit process were a lot of other companies are
involved.
Mr. Dawkins: So the other companies, what it is is a
bidding process.
Mr. Hancock: Well, they've already done their leasing and
they'll be in there to get permits and that process has
already taken place.
Mr. Dawkins: So in other words, you are in here fighting a
battle for some guys who have already some permits and
they're sitting back and are going to get rich while you
guys are setting billboards.
Mr. Walter Pierce: Nov that's not true. That's a ball face
lie. No one has gotten permits on any of these signs.
Mayor Ferre: Plummer, do you want to establish your motion?
Mr. Plummer: Mr. Mayor, I don't know whether I'm really
accomplishing anything or not, but in talking with the City
Attorney, there is only one way that I know of that we can
accomplish what we're trying to do, and that is that each
permit would have to go through the procedure of coming
before this Commission.
Mayor Ferre: Plummer moves that each permit be individually
reviewed by this Commission and that the legislative intent
be clarified so that it is legislatively the intent of this
Commission that on a voluntary basis those who pull these
permits will realize that they have a civic
responsibility....
Mr. Plummer: It's more than that, for the record.
Mayor Ferre: Make your motion so we can move.
Mr. Plummer: What do you call it? We used to call it a
conditional use.
Mrs. Dougherty: It's a special exception, you can go to the
Zoning Board for a recommendation....
sl 54 February 28, 1985
Mr. Plummer: A special that all permits would require a
special exception use, which would prompt a hearing before
the....
Mrs. Dougherty: Zoning Board and the City Commission.
Mr. Plummer: Correct.
Mrs. Dougherty: I'm just advising their right. That's the
only way to do it, but it has to go back to the Planning
Board, because this is a land use right.
Mayor Ferre: Is there a second to that motion? Is there a
second to Plummer's motion? Dawkins seconds. Further
discussion on the motion? Call the roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-182
A MOTION AMENDING PROPOSED SECOND
READING ORDINANCE, SEC. 2026, ART. 20
(ORD. 9500) "SIGNS - GENERAL &
SUPPLEMENTARY REGULATIONS" REGARDING
BILLBOARDS, ETC., BY INSTRUCTING THE
PLANNING DEPARTMENT TO AMEND SAID
ORDINANCE TO STATE THAT THERE SHALL BE
NO FLASHING LIGHTS OR MOVING PARTS ON
THE FACE OF BILLBOARDS AND THAT THE
CONSTRUCTION OF BILLBOARDS SHALL CONTAIN
NO MORE THAN TWO FACES.
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.
Mrs. Dougherty: Mr. Mayor, this would require the entire
ordinance to go back to the Planning Board now.
Mayor Ferre: So, in other words, we're back to first
reading.
Mrs. Dougherty: You are going to have to refer it to the
Planning Board for consideration as a zoning ordinance.
Mayor Ferre: I understand.
have, Plummer?
Mr. Plummer: Nov sir.
What other amendments do you
Mayor Ferre: Other amendments, Miller? What happened on
the size issue? Do you want to leave that alone?
Mr. Carollo: I have an amendment. The amendment is that
there be no wooden structures and that each billboard that
would be built would be limited to only one steel pole to
hold the structure. In other words, you don't want six or
five poles holding it up, just one structure.
sl
55 February 28, 1985
Mayor Ferre: Is there a second to that?
Mr. Carollo: What is that called?
Mr. Knox: It's called a unipole.
Mr. Carollo: A one unipole.
Mr. Knox: Unipole construction.
Mayor Ferre: A unipole, O.K. Is there further discussion
on the unipole amendment? Call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-183
A MOTION AMENDING PROPOSED SECOND
READING ORDINANCE, SEC. 20269 ART. 20
(ORD. 9500) "SIGNS - GENERAL &
SUPPLEMENTARY REGULATIONS" REGARDING
BILLBOARDS, ETC., BY INSTRUCTING THE
PLANNING DEPARTMENT TO AMEND SAID
ORDINANCE BY INCORPORATING REGULATIONS
REQUIRING THAT ALL FUTURE CONSTRUCTION
OF BILLBOARDS WHICH ARE LOCATED WITHIN
CITY LIMITS SHALL BE OF A UNIPOLE-TYPE
CONSTRUCTION (ONE POLE TO HOLD THE
BILLBOARD STRUCTURE).
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.
Mayor Ferre: Are there any further amendments to this?
Mr. Knox: Can we please understand the Plummer amendment?
Mr. Plummer: The Plummer amendment is simple. You're
getting something. This community wants something back.
The only way we will require that this Commission on an
individual basis will require certain types of landscaping,
certain types of other amenities, like black olive trees,
that's the only way that we can do it and be in the interest
of fair to uniformly apply the code to all people that are
interested in pulling permits.
Mr. Knox: Has the City Attorney, therefore, opined that in
order to make these cosmetic changes to the ordinance, it
must go back to the Planning Advisory Board?
Mr. Plummer: Unfortunately, yes.
Mayor Ferre: What in effect happens, then, is like we did
Park West/Overtown, this then becomes first reading, which
means we have to come back with a second reading, after
these substantial changes have been put in the legal
language.
sl 56 February 28, 1985
Mr. Knox: Then that raises the problem that the Hancocks
have suffered for the last approximately eighteen months.
That is that the time requirement, the ninety day rule, will
now operate against them, as I understand it.
Mr. Plummer: No, you speak to that.
Mrs. Dougherty: This will be a new ordinance again. This
will be a brand new ordinance. It will go back to first
reading again, so you are not going to be any....
Mayor Ferre: The answer is there is no damage on the 90 day
rule, as I understand the City Attorney's interpretation?
Mr. Dawkins: Can it come up as an emergency and have first
and second reading at the same time?
Mayor Ferre: It doesn't matter because....
Mrs. Dougherty: This will be no emergency; it will be first
and second reading. This is a brand new ordinance initiated
by the City Commission to the Planning Board.
Mr. Plummer: Let me ask this question, Sergio or Whipple or
whomever in the department, would this be back before us in
the March meeting?
Mr. Sergio Rodriguez: No.
Mayor Ferre: What do you mean?
Mr. Sergio Rodriguez: Because we have to go back to the
PAB, and we have to advertise properly and follow the
procedures.
Mayor Ferre: When would it be back?
Mr. Rodriguez: April.
Mr. Knox: That would represent the second anniversary of
this matter before the Commission.
Mr. Plummer: George, do you have an idea? Anybody has an
idea? You know what I'm trying to accomplish. I think it
is fair. I think it is just and due and owed to this City.
I don't know how to overcome it otherwise.
Mr. Knox: Well, the problem, Commissioner, as I see it, is
that in any event, there would still be some voluntary
undertaking on the part of the individual involved.
Mr. Plummer: That volunteer action then would be decided by
this Commission.
Mr. Knox: But what you've done is you haven't accomplished
the need or desire to make that voluntary presentation.
Mr. Plummer: No, sir, we don't have to do that. To do that
would be an illegal entry into the ordinance. That would be
discrimination.
Mr. Knox: So what, in effect, then is that it appears that
the Plummer motion accomplishes is that it compares
applicants for permits to come before the City Commission in
order to voluntarily provide some service.
Mr. Plummer: No, sir, that's not. George, quit putting
words in my mouth. It would require that each permit drawn
would stand on its own as an individual permit. It would be
reviewed by this Commission. This Commission would then
sl
57 February 289 1985
W.
9
make the decision as to yes or no on an individual site,
period. George, you read into that; I know what you're
doing. You can't do that.
Mayor Ferre: Are we ready on the main ordinance on first
reading?
Mrs. Dougherty: No, sir, Mr. Mayor, we're referring the
entire thing back to the Planning Board. What we're doing
is initiating a new ordinance before the PAB.
Mayor Ferre: So we need a motion to that effect.
Mrs. Dougherty: Correct.
Mayor Ferre: Who moves it?
Mr. Plummer: I have no choice but to offer. I don't want
to offer it, but I have no choice.
Mayor Ferre: Is there a second?
Mr. Dawkins: I second.
Mayor Ferre: Further discussion? Before we vote, any
comments before voting? Go ahead.
Mr. Knox: Just one, is there a tolling or a status quo with
respect to applications currently on file?
Mayor Ferre: What does that mean?
Mrs. Dougherty: Mr. Mayor, the Hancock, I believe, has many
applications on file and they're going to be treated just
like they would be before. You can keep them there. That
doesn't mean that they are going to be taken in that order,
but they can still remain in the building permit department,
just like they have been.
Mayor Ferre: Are we ready to vote now? All right, call the
roll.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-184
A MOTION REFERRING A PROPOSED SECOND
READING ORDINANCE AMENDING SEC. 20269
ART 209 (ORD. 9500) "SIGNS",
"BILLBOARDS", ETC. BACK TO THE PLANNING
ADVISORY BOARD FOR CONSIDERATION OF
CERTAIN AMENDMENTS MADE ON THIS DATE;
FURTHER REQUESTING THE PLANNING
DEPARTMENT TO PREPARE A NEW VERSION OF
THIS ORDINANCE TO BE PRESENTED TO THE
CITY COMMISSION IN APRIL, FOR THEIR
FINAL CONSIDERATION.
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
NOES: Mayor Maurice A. Ferre
ABSENT: None.
sl 58 February 28, 1985
ON ROLL CALL:
Mayor Ferre: Before voting, and I am voting on the
negative, I just want to say that I'm voting on the
negative, as I did last time, because I just simply do not
believe this is the right thing for the City of Miami. It
has nothing to do with anything other than just my personal
feelings on this, Gene Hancock and Peggy are good personal
friends of mine and have been for 30 years. I'm terribly
sorry to have to vote against something that they are
interested in, but my opinion is known. I've expressed it
in the past. I need to explain that it's based on that and
the arguments that have been presented here and I vote no.
Mr. Plummer: Mr. Mayor, for a matter of clarification, may
I ask the staff, you said that it would go before the PAB
when and be back here when?
Mayor Ferre: He said they would be back here April, is what
he said.
Mr. Plummer: I am going to ask them on the record for a
definite date.
Mr. Rodriguez: I think we can meet the PAB meeting of April
3rd, which is the first meeting of the PAB in April and it
will be before you on April 25th.
Mr. Dawkins: This open confession is good for the soul; let
me confess mine. I too feel that the people against the
billboards made a good showing; I also feel that those in
favor made a good showing. But you elected me up here to
vote my convictions. Some of them you are going to agree
with. Some of them you are going to disagree with.
Therefore, I'll also be running again in November. In
November I will know whether you disagreed with me at all,
whether you disagreed with me with none; and at that time,
if you re-elect me, you will re-elect me knowing that as I
sit up here, I will vote my convictions.
Mayor Ferre: That sounds like my statement to T. Willard
Fair!
Mr. Dawkins: That's why you got the recall.
Mr. Plummer: You might have a problem, Miller, if these
people out here take out billboards to defeat you.
Mayor Ferre: Be careful! I tell you, I wouldn't touch that
one with Alice Wainwright and Rose Gordon if I were you.
Mr. Carollo: Mr. Mayor, Commissioners, I think what we've
seen here today is that we have a lot of well-intentioned
people, some for and some against, but I think that even
though sometimes you might agree, sometimes you might not,
you can still go about this in a dignified manner and
disagree publicly and still respect each other. What I
can't understand is the hypocrisy that I see time and time
again from that wonderful palace of malice by the bayside
the morning and afternoon Miami Herald that here they have
all kinds of paid advertisement by their firm advertising in
billboards their newspaper and then they have the gull to
come out with editorials -it's fine expressing their point
of view, which we should respect that- but editorials which
agree going to the range of being insulting, personally
insulting to members of this Commission, talking about
stomachs or lacks of stomachs. I think that while the vast
majority if not all the people that are here today have
honorable intentions, they either feel very much for
something or very much against something, I think that what
sl
59 February 28, 1985
we have to look at are the facts why these so called pillars
of the community at the palace of malice, what their
intentions are behind this. Of course, I don't really think
some of those people there care either way whether you have
the billboards or not. Their contention is that their
pocketbooks are going to hurt, because the people that spent
the thousands and thousands of dollars in advertising in
billboards are people that usually would place monies in
newspapers that they did not have billboards to advertise
in. In other words, it would affect the Miami Herald's
pocket. If they were so much against billboards and
particularly billboards in those areas, I don't think they
would be advertising like this. I don't think this is
something that anybody made up. All of you have seen the
Miami Herald advertising in billboards many times over and
over again. A couple of areas that you do have some major
difference are the following, billboards, bus benches, they
all pay the City a fee. In fact, if I can get Mr. Whipple
up here to do ... do you have any recollection now up the top
of your head how much bus benches pay the City in a monthly
or a yearly fee, how much billboards pay the City?
Mr. Pierce: Billboards, Vice Mayor Carollo, do not pay the
City a fee. They take out permits for construction and
erection. It is not a revenue source.
Mr. Carollo: But they are still paying the City a fee when
they take out a permit. They have to pay something in order
to construct that billboard.
Mr. Pierce: Yes, sir.
Mr. Carollo: Therefore, the City has revenues.
24 INSTRUCT CITY ATTORNEY TO RESEARCH PLACEMENT OF
NEWSPAPER RACKS ON PUBLIC PROPERTY, PERMIT FEES,
ENFORCEMENT ETC.
Mr. Carollo: The question is you look at the City and you
see newspaper ads. I mean, if we are going to talk about
beautifying the City, if we're going to talk about
protecting the public's right-of-way and we're going to talk
about public welfare, you have scores of newspaper racks
that sometimes we have so many in places that you can't even
cross an intersection without bumping into one of them.
Then they have the gall without asking anyone's permission,
in public property to drill huge screws into the City's
concrete and those that aren't screwed down into the
concrete where big poles are made and damaging City
property, they get these chains and the tie them up around
utility poles, City signs, anywhere they please. Maybe I'm
missing the point somewhere, but it seems to me like there's
a major double standard here somewhere. I don't see how
anyone can defend this by freedom of the press. Freedom of
the press is when you interfere in trying to force a
newspaper to publish something or other, like is done in
other countries; like it's done in Nicaragua; like it's done
in Cuba and the Soviet Union. But what I'm talking about
here is freedom of the citizens, freedom of the City. What
these newspapers have done is they've taken those freedoms,
those rights that we have and they are telling us that we
have no right in protecting the welfare of this community
that they can place those newspaper racks anywhere they want
sl
M
February 28, 1985
r
to anyway they want to. I want to ask the City Attorney to
sit with me and any member of this Commission that would
like to individually, to come up with an ordinance, an
ordinance that's going to be for the public welfare of this
community where we are going to limit the locations and the
amount of newspaper racks that we can have in any given
place.
APPLAUSE.
Mr. Carollo: How many feet away they are going to have to
be from intersections, an ordinance that would not allow
them, and if they do, they're going to have to pay the City
for damages, to screw on screws to the sidewalk, to tie up
chains around City of public property and that they would
have to pay a yearly fee for each newspaper rack that's out
there to pay for City employees that are going to have to be
assigned to inspect these newspaper racks to make sure they
are in conformance with the laws that we will implement.
Mr. Mayor, I would like to pass a resolution in principle
that this Commission is in favor of coming up with an
ordinance and defending it in whatever courts we have to, an
ordinance that is going to be just, an ordinance that's
going to be like many ordinances that have been passed
around other major cities throughout the country to protect
the public welfare.
Mayor Ferre: of course, it has to be, Commissioner Carollo,
within purview of the law and constitution. I think it can
be done; hopefully, it can be done.
Mr. Carollo: of course, that's what I'm saying.
Mayor Ferre: Is there a second to that motion?
Mr. Plummer: For purposes of discussion, let me second the
motion and then let me offer possibly an amendment. To my
colleague, Joe Carollo, rather than passing it in
principle, I would prefer to send it to the Planning
Department for a study and recommendation back to this
Commission.
Mayor Ferre: You can do both.
Mr. Plummer: They are the ones who can do the research.
Mayor Ferre: Why don't you do both?
Mr. Plummer: Do both?
Mayor Ferre: Yes, because I think that is a statement made
by this Commission as to what our beliefs are.
Mr. Carollo: That is correct; and what we're looking for
here, J.L., is the legal guidelines to come up with a just
and legally sound ordinance to cover the areas that I've
mentioned for the public welfare of the citizens of this
community.
Mayor Ferre: Let me, in sharing your belief in that, tell
you that I remember once when I was a legislator in
Tallahassee, I came up with a bill, very simple, that each
newspaper pay a 50 tax, and I had the chairman of the board
and president of the Knight-Ridder -in those days it was
just Knight newspapers- visit with me to tell me how that
was against the first amendment. There was no way that the
state could impose a sales tax or any other kind of a tax on
a newspaper because that was contrary to the intention of
the founding fathers of the constitution who, of course,
they knew.
sl
61
February 289 1985
ON poi
Mr. Plummer: Is that why you are no longer in the
legislatuure?
Mayor Ferre: And that I ought to be very patient and I said
to them at that time, "I tell you what, A19 why don't we do
it this way. Why don't you agree that you will have one
open page, op-ed page for all of the people in Miami that
have a diverse opinion from the Miami Herald to write
letters without having to take advertising, not at your
restriction or selection." "Well, we'll work on that, we'll
work on that." And fifteen years have gone by, there is no
open op-ed page; editorials are still unsigned and the fact
is that newspapers in this state do not pay any taxes of any
kind other than corporate taxes. Here we go again.
Mr. Carollo: My colleague is getting good at reading my
mind and knew what other areas I was going to venture into.
We'll handle one item at a time, Mr. Mayor. My intentions
are to place the area of taxing newspapers in a straw ballot
question to the citizens of Miami and instruct our lobbyist
to present it to the legislature.
Mayor Ferre: We do now have a motion before us. It's been
properly seconded. Further discussion? Call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-185
A MOTION INSTRUCTING THE CITY ATTORNEY TO
RESEARCH THE LEGAL ASPECTS OF THE PLACEMENT
OF NEWSPAPER RACKS ON THEE STREETS OF THE
CITY OF MIAMI WHICH HAVE HERETOFORE BEEN
PLACED WITHOUT PERMITS; FURTHER INSTRUCTING
THE CITY ATTORNEY TO RESEARCH AND DRAFT A
PROPOSED ORDINANCE TO DETERMINE IF THE CITY
HAS THE RIGHT TO LIMIT THE NUMBER AND
LOCATION OF NEWSPAPER RACKS, HOW MANY CAN BE
PLACED AT A CERTAIN NUMBER OF FEET FROM A
GIVEN INTERSECTION; FURTHER DIRECTING THE
CITY ATTORNEY TO INVESTIGATE THE ANCHORING
OF THESE NEWSPAPER RACKS WHICH PRESENTLY ARE
BEING SCREWED DOWN TO CONCRETE SURFACES OR
HELD BY CHAINS TO UTILITY POLES; AND,
FINALLY, DIRECTING THE CITY ATTORNEY TO
INVESTIGATE THE POSSIBILITY OF CREATING A
YEARLY FEE TO BE PAID BY THE NEWSPAPER
COMPANIES TO THE CITY OF MIAMI FOR THE
PRIVILEGE OF PLACING THESE RACKS, IN ORDER
THAT THE CITY MAY RAISE SOME REVENUE WHICH
WILL HELP IT DEFRAY THE COST OF THE
EMPLOYEES THE CITY WILL HAVE TO HIRE IN
ORDER TO INSPECT AND ASCERTAIN PROPER
COMPLIANCE WITH THE ORDINANCE; FURTHER
DIRECTING THE CITY ADMINISTRATION TO FORWARD
THE ABOVE RECOMMENDATIONS TO THE PLANNING
ADVISORY BOARD AND TO THE PLANNING
DEPARTMENT OF THEIR REVIEW.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
sl
62
February 28, 1985
W
ABSENT: Commissioner Miller J. Dawkins
Mayor Ferre: As I vote on this, this is as amended, which
means that we pass it in principle, and we instruct, as
Plummer said, the Planning Board to come back with a
recommendation.
Mr. Carollo: To come back with items as far as what their
recommendation is. But Mr. Mayor, the bottom line, and let
me reinforce this, the main people that we want to guide us
in this is the City Attorney's office.
Mrs. Dougherty: Mr. Mayor, there was no vote.
Mr. Ongie: Yes, we did.
Mrs. Dougherty: Excuse me.
-----------------------------------------------------------
25 DISCUSSION: VENDORS AT STREET INTERSECTIONS - PUBLIC
HAZARDS
Mr. Carollo: City Attorney, while we are discussing this,
can you give me your legal opinion in writing as to the
legality of individuals being in intersections, being a
hazard to themselves and to the public selling newspapers.
I guess that would come under street vendors, what the City
laws are. I'm greatly concerned as to the situation the
City has seen for many years and has not done anything
about, whereas you have young kids, some as young as 9, 10,
11, 12. You can't blame them; they're just trying to make
some extra money for school, for their needs, what have you.
But what I do mind are huge monopolies taking advantage of
these young kids, throwing them in the middle of an
intersection as you see them along Dixie Highway and other
dangerous intersections where these young kids can get run
over by a car, just so that these huge monopolies can make
monies for their corporations and their businesses. I
think, Madam Attorney, that the City needs to find out what
liabilities would we, the City of Miami, have if we
knowingly let this situation go on any longer and one of
these young children gets run over or hit by a vehicle.
26 CHANGE DATE OF !!ARCH COMMISSION MEETINGS
Mayor Ferre: We have a problem of dates now. We have to
get the dates. Carollo, don't leave because we have the
14th that you have a problem with. Plummer has a problem
with the following week, and if we go to the first week of
March, we have a problem with ten days, is that it?
Mr. Perez-Lugones: That is correct, Mr. Mayor.
Mr. Plummer: What about having two meetings in the last
week, like the 26th and the 28th?
Mr. Perez-Lugones: We'd run out of time.
Mr. Plummer: Of March.
Mr. Perez-Lugones: We'd run out of time, yes.
sl
63
February 28, 1985
MA
Mayor Ferre: How do you run out of time?
Mr. Rosencrantz: They have to have their meeting between
a the 18th and the 22nd. Am I correct on this?
Mr. Perez-Lugones: We have 25 days left and the 25th day
is on that Monday.
Mayor Ferre: Joe, come back here now. Evidently we have a
problem of running out of time. When is it that you go to
} Phoenix, what day?
i
Mr. Carollo: I'll be gone on the 11th.
j Mayor Ferre: In the morning or in the afternoon, or what?
i
Mr. Carollo: I would say probably in the morning or so. I
i guess I could go in the afternoon.
l
Mayor Ferre: So the question is can we have a meeting on
the 11th? Does anybody... we'll take this up on the 11th, so
then you can go after that.
Mr. Rosencrantz: Would that be the regular meeting, Mr.
' Mayor? Excuse me, is that the regular meeting?
Mayor Ferre: Regular meeting.
' Mr. Rosencrantz: Will you wave the five day rule, because
we have an agenda.
Mr. Plummer: Hell, no.
Mr. Carollo: You have a regular meeting on the 11th, Mr.
Mayor, who knows how many things of importance may come up,
y and I may not be here. Can we have it on the 8th or the
7th?
Mayor Ferre: No, because of the ten day rule. We have a
ten day rule.
Mr. Carollo: Can we have it on the 9th, Saturday?
Mayor Ferre: I don't mind myself, but....
4 t
:.;
Mr. Perez-Lugones: We don't have the ten days. Excuse me,
Mr. Mayor, for the March 11th meeting, we must place the ad
tomorrow morning in the paper, and I doubt that they will
take it at this time.
. Mayor Ferre: Carollo, when are you going to be back?
Mr. Carollo: I should come back, Mr. Mayor, God willing, if
$- I don't get high -jacked, on the 16th.
Mayor Ferre: Plummer is leaving on a cruise. Some say he's
been on a cruise. Why don't you tell us what the solution
is. I don't know what the ... we can't have it before the
9th, because of the ten day advertising rule. The 11th....
x
rt,
Mr. Plummer: Move the meeting to the 14th.
Mayor Ferre: Wait a minute, the second week is the 28th.
#' Plummer you have a meeting that you have a Commission
meeting on the 28th. You're going to be in trouble again.
4
Mr. Plummer: Have the meetings on the 21st and the 28th.
I'll probably work out my time.
h
` 't
t
sl 64 February 28, 1985
Mayor Ferre: There is a motion that the meetings of March
be on the 21st and the 28th. Moved by Plummer; seconded by
f
Carollo. Further discussion? Call the roll.
Mr. Plummer: In addition to that, the meeting of the 14th
rqx
is moved to the 21st.
} -
Mr. Ralph Ongie: Only on the 21st and the 28th.
Mayor Ferre: That is correct.
�,:..
�,.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION N0. 85-186
� 1
A RESOLUTION RESCHEDULING THE REGULAR CITY
COMMISSION MEETING OF MARCH 149 1985 TO TAKE
=;
PLACE ON MARCH 219 19859 AT 9:00 A.M.
(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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- NOTE FOR THE RECORD: Agenda items 2, 3, 4, 59 6, 7 are
continued to March 21, 1985.
WHEREUPON, THE CITY COMMISSION WENT INTO
A RECESS AT 1:05 P.M., RECONVENING AT
2:30 P.M., WITH ALL MEMBERS OF THE
COMMISSION FOUND TO BE PRESENT EXCEPT
COMMISSIONER CAROLLO AND COMMISSIONER
PEREZ.
27 DISCUSSION AND LETTERS RECEIVED FROM FIRMS REQUESTING
EXTENSION OF R.F.P.'a ON VATSON ISLAND
Mayor Ferre: Ladies and gentlemen, if you would all please
take your seats, I have an announcement that I have to make.
At 2:30 this afternoon, there was a deadline for bids in
Watson Island. We have, and I'm sure all of you have
received copies, if not, I will provide copies for you and
to the Clerk for the record two requests for postponement of
the bids. I will read them into the record so that there is
no legal questions later on as to this request. The first
one is dated February 20th and it is addressed to Mr. John
E. Gilchrist. It says:
"Dear Mr. Gilchrist: This is to request an
extension of time of the February 28, 1985
deadline for the above referred project. We have
been retained by a conglomerate of Spaniard
sl 65 February 28, 1985
w
N
' ;,
private industry and local civic and cultural
institutions to develop a project that will comply
with your development program. We estimate that
approximately four months will be required in
order to develop the concept to provide the
feasibility study and performance analysis for the
whole project. If you need additional information
in order to grant us this extension, please do not
hesitate to contact us."
Signed by A. Taquechel, AIA, President of A. Taquechel
Associates. Now, the people that Mr. Taquechel is referring
to is the very, very large firm of Huerta in Spain, which is
one of the largest construction companies in the world.
They are extremely large and they evidently have a very
serious interest in coming in in a big way to Miami and they
are interested in this project. It is my personal opinion
that to ask for a four month delay is not only unreasonable,
but I don't think it could be done; I think it's impossible
to ask for. The second letter is signed by Mr. A. N.
Pritzker, President of W.I., a corporation to be formed. I
will read it in its entirety. To myself and to the members
of the Commission, Watson Island:
"Dear Sirs: It has been brought to our attention
that bids from private developers are being
solicited for Watson Island and that bids are due
on February 28, 1985. We would be interested in
bidding on said project if amendments are made to
the existing RFP bid process that is now due. The
amended bid process would include the following
conditions:
11. Establish a specific schedule for decision
making in the process.
12. Extend the proposal date deadline.
'3. Authorize the City Commission to select and
accept a bid within 30 days after proposal date
deadline.
14. Authorize the City Manager to negotiate a
final contract after bid selection and acceptance
within 30 days.
15. Schedule the City Commission at its immediate
next City Commission meeting to approve the
negotiated contract.
16. Commit the City to contribute a reasonable
dollar value or to make provision for public
infra/structure costs.
17. If the City fails to meet the decision making
schedule, obligate the City to reimburse the
successful bidder for costs incurred in making
said bid.
18. Commit the City to have all feasibility
studies updated at the cost of the City.
'Of course, you do realize that we have been
interested in Watson Island since 1977. However,
based on our experience since then and the City's
indecisiveness, we feel that the City should
demonstrate its commitment to the project before
it seeks serious developers to invest in this
project.
'Specifically, we feel that an initial commitment
could be demonstrated regarding the conditions set
forth above. If the City accepts our approach, we
would be willing to submit a proposal for a
development of Watson Island. Sincerelyq W.I., a
corporation to be formed, A.N. Pritzker,
President.
'P.S. If the City of Miami Commission entertains
acceptance of a project whose intent is different
than that of the official RFP, we will entertain
submitting a proposal on the changed RFP,
provided the change makes economic sense, the City
sl
66 February 280 1985
of Miami Commission should re -advertise the
modified request for proposal and allow equal
opportunity for all interested parties to
contribute on a fair and equitable basis."
It is not signed but it is typed in A.N. Pritzker,
President. Just so that we have this fully on the record
and we understand each other. That last portion was typed
in by Mr. Pritzker's associate, Mrs. Weise. Mrs. Weise,
John Gilchrist, Mr. Pritzker and I...Carolyn Weise and I and
Mr. Pritzker have met on several occasions in this past week
on this issue. You might remember who Mr. Pritzker is; he
is the owner, he and his family, of the Hyatt Hotel chains.
He is probably one of the wealthiest industrialists and
businessmen and commercial operators in the United States.
He's also 89 years old. Mr. Pritzker has a very important,
very wealthy, very aggressive, and very dynamic business
organization. He would be a great asset to have in Miami.
Two of his companies are already very active here. One of
them, as you know, runs the Hyatt Regency Hotel in the City
of Miami. The other one manages our convention conference
center. Mr. Pritzker has been here before. Mr. Pritzker
left because of a disagreement that he and the Miami Herald
then editor, John McMullin, had; and some rather strong,
typical Miami Herald editorials where Mr. Pritzker in a
meeting with Mr. McMullin said, "Mr. McMullin, you need me;
I don't need you. Goodbye That same week -end, Mr. Pritzker
flew to New Orleans and signed up a contract to operate
something called the Superdome and has done a very
commendable and successful business job in running that and
making a profit for both the City of New Orleans and for his
corporation. That was the result of Mr. McMullin's
editorials. We now have Mr. Pritzker back again six or
seven years later. Unfortunately, however, I think what Mr.
Pritzker and his associate, Mrs. Weise, are asking for are
in my opinion, unreasonable. I just called Carolyn and told
her, "Carolyn, I hate to say no to Mr. Pritzker. He's a
great guy.
Mayor Ferre: ... we would love to have them here, but I
just do not think if this had been a simpler request as you
and I had discussed for delay for a month based on the
premise that Mr. Pritzker was going to make a bonafi bid for
Watson Island I would feel differently. The reason I cannot
agree and I just up front want to say it on the record is
basically, for two reasons. First of all because they are
requesting that the City put in the so-called infrastructure
and I don't know how many millions of dollars that is, but
it would be a substantial sum which the RFP did not include.
That's the first reason. The second reason is that I think
it's just too complicated. For example, we can't reimburse
the bidder for their unsuccessful bid if they are not
successful and we don't follow the exact schedule. The
schedule they are asking for is the schedule that nobody can
live with. I mean, we have to have it finished in thirty
days. The Commission has to approve it in thirty days. We
just finished a bayside negotiation with the Rouse Company
which is every bit as important and as big in this field as
Pritzker and it's taken us a year to do it and the Executive
Vice President of Rouse said that that's the record. They
have never finished the negotiations as quickly as they did.
In this case it took six months. For Pritzker to demand
that we conclude in thirty days and sign in thirty days is
totally unreasonable. Lastly and most important, I want to
put into the record that I had the opportunity to see one of
the bids that may have been turned in today in the last few
days and I met with the principles and their attorneys,
including Mr. Art Teale and Mr. Alberto Cardenas who
represents these major investors, I think. The plan and I
of course, ... I'm not precluding the final conclusion, but
sl
67 February 28, 1985
certainly what they have recommended and they what they are
bidding, provided they meet all of the legal requirements,
is a very exciting project and it is a project that is well
over a hundred million dollars. It is different in nature.
It gets away from the fear by Mrs. Shubin and I'm sorry she
is not here this afternoon. Am I going to far John? I am
going to far. Well, I guess I shouldn't be saying... let me
just say that I hope that there are other competitive bids
that will be as strong and as good, but this one is a good
one and I would hope that the Committee will have the
opportunity to properly evaluate it. Mr. Manager, I
understand that you need to get that committee finalize and
cranked up and moving and I just want to say with all due
respects to Mr. Pritzker who I greatly admire and like as a
human being. He is a great eighty-nine years old man. He
is a great man period, but he is a great eighty-nine years
old man and with all due respects to Mr. Taquechel, I for
one, I think we need to vote on this or at least, you know,
bring it up for public discussion. I for one could not go
along with the request for a deferral. Yes, sir, Mr.
Manager.
Mr. Rosencrantz: Mr. Mayor, at this point I think the City
Commission has several options that I would suggest the you
considers. As is the practice with this kind of a thing,
there are options available and if circumstances are
difference from what they were originally, then you have the
basis to make a change. One option that's available to you
is simply to extend the RFP as it is and I think you have
the authority to do this.
Mayor Ferre: Mr. Manager, I don't think you heard what I
said.
Mr. Rosencrantz: I was going to go through the options.
Mayor Ferre: I said that it is not my opinion to extend it
at all. So, why are you bringing that up?
Mr. Rosencrantz: Just as a matter of record to make sure
that every understands what options are available to the
City Commission.
Mayor Ferre: We can always extend any bid.
Mr. Rosencrantz: That's right.
Mr. Plummer: Or we can always throw out all bids.
Mayor Ferre: That's correct.
Mr. Plummer: How many bids were received at 2:30 the
deadline?
Mr. Rosencrantz: We received one RFP at 2:30.
Mayor Ferre: What?
Mr. Rosencrantz: One.
Mr. Plummer: He is saying two...
Mr. Gilchrist: At 2 p.m., the deadline was 2 p.m. and they
did submit prior to 2 p.m.
Mayor Ferre: How many bids were submitted prior to 2 p.m.?
Mr. Gilchrist: On bid was submitted prior to 2 p.m.
Mayor Ferre: Is that all we had, one bid?
sl
February 28, 1985
F=,� - : - ;
MR
Mr. Gilchrist: We have one bid.
Mr. Plummer: What's all the hullabaloo about if we only
have one bid?
Mayor Ferre: Wait until you see the bid.
Mr. Plummer: Ok. But I mean extend or don`t extend or
this, that or the other thing.
Mayor Ferre: Mr. Plummer, we have two very large and viable
entities.
Mr. Plummer: Yes, sir.
Mayor Ferre: A. N.Pritzker and the Spanish Company who want
an extension. I think we on the record have got to say
whether or not we are willing to extend. I have expressed
my personal opinion which is one out of five that we should
not extend and I gave me reason why we shouldn't extend.
There is one further reason why we shouldn't extend and that
is we have got to be in Tallahassee by April...
Mr. Gilchrist: First Cabinet meeting in April which happens
to be April 1st.
Mayor Ferre: April what?
Mr. Gilchrist: April 1st.
Mayor Ferre: April 1st is the first meeting? On April 1st
we have got to be up in Tallahassee with the aye or nay.
And therefore, Mr. Manager, if we have one bid your
committee has got to look at it and come to some kind of a
conclusion fairly quick and this Commission has got to
conclude, I would hope, by the March 21st meeting, so that
then whoever it is that you instruct to go up to Tallahassee
to represent the City can go up there. In the meantime
also, these bidders will have to... Mr. Teale don't go,
because I got a question for you--- will have to do a very
quick pro forma economic study because the is the one
remaining issue. Ok. Mr. Teale, to you or Mr. Cardenas
either one. Who represents... I need to ask you some legal
questions.
Mr. Teale: Mr. Cardenas and I and Ron Schapel all represent
the (inaudible)...
Mayor Ferre: ...and Mr. Schapel, you got some heavyweigh
legal talent here, huh. Is this what you call a tri-ethnic,
Republican approach? (BACKGROUND COMMENT OFF THE PUBLIC
RECORD). Let me ask the three lawyers. In your legal
judgment, does you client's bid meet the RFP requirement as
advertised?
Mr. Cardenas: Yes, it does.
Mayor Ferre: You speak for everybody?
Mr. Cardenas: Yes, sir.
Mayor Ferre: Mr. Schapel, Mr. Teale, you concur. So, you
feel that this is a legally constituted bid. Obviously, you
represent your client, but it is your opinion for the record
that this is a legal bid?
Mr. Cardenas: Yes, sir.
sl
69 February 28, 1985
.
Mayor Ferre: Secondly, and I guess your client has to
answer that question. If this gets through a committee and
if has the recommendation of the Manager and if this
Commission after looking at it agrees with your bid, I would
like to know whether or not your clients are prepared to
expend the money which they are obviously, going to have to
on April 1st have an economic survey ready before the
Cabinet. I'm sure it will have to be available a week
before for the Cabinet aides to study.
Mr. Cardenas: Yes, they specifically inquired and were told
that within two to three weeks the study which would be
necessary could be completed. So, it would certainly be
ready a week prior to the hearing.
Mayor Ferre: Would you for the record tell us...
UNIDENIFIED SPEAKER: Mr. Mayor, I'm authorized to indicate
for the record that if the bid is accepted, that is formally
accepted by the Manager...
Mayor Ferre: No, by the Commission, sir.
UNIDENTIFIED SPEAKER: by the Commission. The client will
proceed with the financial studies that are required without
regard to waiting for all of the preliminaries.
Mayor Ferre: Now, sir, now look you have to realize this.
Your clients are going to have to make a decision earlier
than that, because this Commission will not be making that
decision until later on. You don't have enough time to wait
for the Commission. You have got to... That's why I'm
asking you this question. Your clients are going to have to
expend the money starting today to be ready for April 1st
and what I'm asking you is are your client ready to make
that commitment and to make that economic survey to satisfy
the Cabinet's requirement?
Mr. Cardenas: As we stand here today the financial
resources have been set aside and are available to undertake
these studies and to undertake...
Mayor Ferre: Now, answer my question.
UNIDENTIFIED SPEAKER: The answer Mr. Mayor.
Mayor Ferre: Thank you very
got to ask one more question.
you to tell us on the record
doing the economic survey.
much. All right, now I have
Just for the record I want
who the firm is that will be
Mr. Cardenas: Laventhal and Howarth, C.P.A.
Mayor Ferre: Ok. Thank you. I have a question now of the
City Attorney. Madam City Attorney the City of Miami
Commission has put this out for bid as I told Mr.Pritzner
and Carolyn Weiss and other potential bidders, everybody has
an equal crack and equal opportunity at bidding this. This
has been properly advertised, RFPs have been sent to
developers all over the Country. It has gotten ample
notice. The newspapers have covered it amply. We now have
one bidder. I want to make sure that legally that that is
not an impairment, number one. And number two, I think the
Commission is not only honor bound, but legally bound to
pursue this to it's formal conclusion and I think there is
an established methodology for that under the Charter in the
amended process in the Charter which is similar to Hayside
and that we now... there is no legal action needed by this
Commission at this point. The next move is the Manager's
and the Committee's and then it comes back to the
Commission, is that correct?
sl 70 February 28, 1985
Ms. Dougherty: You are absolutely right. As a matter of
fact and I advise...
Mayor Ferre: I have asked you two questions. Answer the
first one first.
Ms. Dougherty: First of all with respect to being legally
bound, you are and I apologize to the Manager because he
asked me at lunch time to research the question as to
whether not we could legally extend the bids. The answer to
that is no you could not once a bid has been submitted. So,
I apologize for not telling me him that before, because I
didn't think it was really going to be raised, but that's
the first answer. And the second is question is you don't
have to do anything because there is a legally established
methodology.
Mayor Ferre: My first question to you is there any legal
impairment since there is only one bidder?
Ms. Dougherty: Nov sir.
Mayor Ferre: All right, and then the second question is I
assume there is nothing for this Commission to do until the
Committee and then the Manager concludes and recommends to
the Commission.
Ms. Dougherty: That's correct.
Mr. Plummer: That of course, is assuming that this proposal
which none of us have seen is acceptable to this Commission.
Mayor Ferre: of course.
Mr. Gilchrist: It has to be reviewed first by the review
committee and an independent C.P.A. and in terms of whether
it's in compliance.
Mr. Plummer: Well, let me try to help you, because helping
you means that you have got an April 1st deadline. That's
thirty days. Now, under normal circumstances the way the
secret of administration works, you come back here on the
last day of March which is the 31st and you say here is the
proposal here our recommendations and if you the Commission
don't do immediately what we tell you, you are going to blow
it. Now, I'm telling you the last day of February, sir, if
you don't show that to me next week...
Mayor Ferre: J. L., those are the good old days.
Mr. Plummer: I'm telling you, bye bye.
Mr. Dawkins: I've something better than that to tell you.
Mr. Plummer: Because what I'm going to may be do for you...
Let me tell you what I'm going to may be do for you. If for
one, this proposal is not acceptable to me, I'm going to
save you all that problem of the Committee and the financial
report and I'm going to ask the Mayor to call a Commission
meeting and tell you Mr. Gilchrist, we thank you, but that's
the name of the game. Now, all I'm saying to you is sir it
isn't going to work that way like it did in the old days.
Mayor Ferre: All right, Commission Dawkins.
Mr. Gilchrist: Could I say one thing to that Mayor? We did
ask the submission to include enough copies that the
Commissioners when we open it will all receive the same
thing we received at that moment and time.
sl
71 February 28, 1985
Ep
Mayor Ferre: No, wait a minute. Just for the record, so...
I did not know that these people existed until two days ago,
ok. I didn't know that they had any interest.
Mr. Dawkins: Which people are we talking about now?
Mayor Ferre: The bidders. This bid was a total surprise to
me. And I happened to have seen it... No, I'm saying this
under the record. You want me to say it under oath, Mr.
Dawkins since you seen to have some doubts? You want me to
say it under oath, because that always seems to bother you
and I want to tell you on the record and if you want it
under oath that I had no knowledge of these people's
existence until two days ago. They had the courtesy two
days ago to come show me their project and I was very
excited about it.
Mr. Plummer: Well, Mr. Mayor, I'm not in....
Mayor Ferre: I don't think it's any big secret that I have
a special concern for Watson Island for quite a long time.
Mr. Plummer: Mr. Mayor, I'm not entering into that
discussion that between you and Commissioner Dawkins.
Mr. Dawkins: We don't need you.
Mr. Plummer: Thank you. What I am entering into Mr. Mayor
and trying to avoid is where we find ourselves in some many
cases that the day before the final deadline it is all
presented to us and said "Commission if you don't do what we
tell you, the Commission are going to foil the whole thing.
I'm trying to save that this time.
Mayor Ferre: J. L., you know what the Charter says because
you helped write it and voted on it. The Charter says that
this is a legitimate, legal RFP. It has to have a process.
The process is there is a Committee. The committee reviews.
The Manager appoints the committee without consulting with
us. The Manager then concludes his conclusion, comes to the
Commission and recommends. The Commission can either accept
or reject.
Mr. Plummer: Mr. Mayor, you also know what the Charter says
and that is if today I so choose and two other members of
this Commission, we throw out all the bids and that is a
possibility.
(BACKGROUND COMMENT INAUDIBLE).
Mr. Plummer: Oh, yes you can.
Mr. Dawkins: Ok. The only problem I have...
Mr. Plummer: At any time three votes will do that, of this
Commission.
Mr. Dawkins: All right, let me tell you where I am. I have
been telling since I have been here that I am disgusted with
receiving information the night before and have to react on
it in the morning. This is why I get hate mail because of
the garbage. Ok. I specifically told the past Manager...
And then they tell me if you don't pass the budget, which I
don't want to pass, you loose twenty-one million dollars.
So, I passed the budget and now I get letters, I get hate
calls that I raised their garbage tax eighty. I didn't the
Administration did, but if you... but Howard, Rosencrantz
and Grassie and anybody else who sit over there day after
tomorrow or whatever day we select a Manager, if you...
sl 72 February 28, 1985
Anything that I don't get in time to study it I'm not acting
on it, because just like J. L. said you have got it in your
hand, if the proposal submittors only gave you one copy...
Mr. Rosencrantz, what that machine cost me running here a
month?
Mr. Rosencrantz: Thousands of dollars and it's capable of
making copies.
Mr. Dawkins: Of making as many copies as we need. So, them
sending you one copy is no excuse for you not giving me what
they sent you and let me read it sir. Now, you got to
votes. I'm going to vote... Miller Dawkins is not going to
vote for nothing that he has not read from this day forward.
I can't help what it cost the City to lose.
Mr. Gilchrist: Commissioner, you know, we are on a legal
process which had a deadline of 2o'clock today to make
public those documents. And myself nor anyone else in the
staff saw anything or have seen it because we haven opened
them. And the developer did not identify himself too me
until two days ago that it even existed.
Mr. Dawkins: The Mayor has made a statement and you heard
no one contradict him, that that is the only legal bid we
have. So, get it to us.
Mayor Ferre: I haven't seen the legal bid either. You
know, that bid was submitted at 2 p.m. and now it is
available and now we start the process.
Mr. Gilchrist: It has not been opened yet. We are about to
open it.
Mayor Ferre: Now, John as I remember the Charter the
provision is this. The provision in the Charter says that
this Commission at a public hearing must approve the
negotiating committee or the selection committee and also
must approve a C.P.A at a public hearing. Now, Lucia, how
long do we have to advertise?
Ms. Dougherty: Sorry that's already been done.
Mayor Ferre: That's already been done. All right, John go
ahead.
Mr. Gilchrist: The met on that subject and we continued the
public hearing at that time. We did name a C.P.A. firm.
They were selected. Peat Marwick and Mitchell were selected
by this Commission. In addition on the committee members,
the whole committee was not determined. A Chairman was
determined and the Chairman was David Weaver and he
represents the private sector. David Weaver... (BACKGROUND
COMMENTS OFF THE PUBLIC RECORD). When this bid has now been
received after 2 o'clock I spoke to him on the phone and he
cordially resigns from that position as Chairman.
Mr. Carollo: Who resigned?
Mr. Gilchrist: David Weaver.
Mayor Ferre: I figured he would.
Mr. Gilchrist: And therefore, we need to form a new review
committee.
Mayor Ferre: All right, Mr. Manager, the way we have always
done this in the past, you have got to come up with a
committee and this Commission has got to approve it. It's
the only thing we have got left to do. Is that right?
sl
73 February 28, 1985
Mr. Gilchrist! That's right.
Mayor Ferre: I will tell you, if you could do that by the
end of the day...
Mr. Rosencrantz: We need to call some people to make sure
they are informed.
Mr. Gilchrist: I need to make the call:, sir and I will do
the best I can.
Mayor Ferre: Well, all right, as best you can you try to
finalize that before we break up tonight so we can appoint
that committee and then we can move along.
Mr. Dawkins: So, we are accepting the only legitimate bid
we got.
Mr. Gilchrist: Yes, sir.
Mayor Ferre: We have no choice.
Mr. Dawkins: But nobody said that up here yet.
Mr. Plummer: No, it's the only bid legitimate or
illegitimate.
Mr. Carollo: Let me say this for the record Mr. Mayor, now
that some of you have spoken. I have stated this before and
I will state it again. I think that this is the wrong
location for a theme park.
Mayor Ferre: It's not a theme park that they are proposing.
Mr. Carollo: Well, whichever name you would like to call it
Mr. Mayor, still I think it's the wrong location to go to
Watson Island for the overall proposal of what we have asked
for.
Mayor Ferre:
It's
not a
theme park,
Joe, that's
the
point.
Mr. Carollo:
Well,
what
do you want
to call it
Mr.
Mayor?
Mayor Ferre: It is a marina and a marine oriented
distribution... It's a completely different type of a thing.
that's why I asked on the record if it was legally within
the RFP, but it is totally different from what we thought we
were going to get in return. It's a totally new idea...
Mr. Carollo: It's going to be strictly marina oriented?
Mayor Ferre: Right.
Mr. Carollo: Are there going to be any kind of rides?
Mayor Ferre: No.
Mr. Carollo: There is nothing to that affect included in
that?
Mayor Ferre: Nothing to that affect included to my dismay.
Mr. Plummer: Hotel.
Mr. Carollo: Well, there is going to be more than that
included. There is going to be a hotel and some other
aspects, right?
al
74 February 28, 1985
Mayor Ferre: That's what they will have to.... you will see
when they open this thing up. And as I said it has to go
through a process.
Mr. Carollo: Let me go on then. May be this might give us
the best of two worlds. Now, we can proceed with a theme
park in Virginia Key.
Mayor Ferre: Right and I will support you on that.
Mr. Carollo: Well, I'm working on some plans for Virginia
Key to set it up for an RFP for a theme park in Virginia Key
to open the beaches and clean them up. A trail... trail,
you know, through the park.
Mayor Ferre: You must be running for political office.
Mr. Carollo: You never know Mr. Mayor, you know, I'm not
going to announce it until the end if I do and then all you
guys can make up your mind if you don't want to run. And a
marina that would hold any where from two thousand, thousand
five hundred slips. That will be the biggest marina Maurice
in the whole east coast and I think that that's the next
area that we have to go and may be Carolyn Weiss's friends
might be interested together with some of these other people
to bid for a theme park in that area. And I think we should
divide it into different tracts.
Mayor Ferre:
And we
can
call
it the Arabian Knights.
Mr. Carollo:
Well,
you
never
know.
Mr. Plummer: The only problem with that is the price of oil
went down.
Mayor Ferre: All right, are we ready to move along? Is
there any other questions? Any other statements?
Mr. Jeffrey Watson: Mr. Mayor, could I make a comment?
Mayor Ferre: Yes, sir.
Mr. Watson: Yes, could I make a comment for the record?
Considering the fact that...
Mr. Ongie: Your name please.
Mr. Watson: Jeffery Watson. go. being watching the Watson
Island project for some years also...
Mayor Ferre: No, relation to Watson Island?
Mr. Watson: No, relation. I wish I was. No, relation to
Watson Island. ..considering the fact that the proposal the
only legally or as Mr. Plummer said illegally proposal was
submitted, for the record, indicated that because that RFP
requested "theme park" does not include a land with a theme.
The bid that is accepted or has been accepted today may not
be in compliance with the request for proposals that went
out and that should be noted. You asked them a question...
I heard you ask them a question... I heard you ask them a
question whether or not...
Mayor Ferre: Mr. Watson, I notice your unfriendly face
there, you know, and I figured that you might come up with
something like that and therefore, I very carefully asked
the attorneys... that's why I asked Mr. Teale on the record
as to whether or not this was in their opinion a legal
compliance and that is to be determined by a court. I am
sure when you challenge it or you and your associates or
sl 75 February 28, 1985
w
0
whoever challengesthat is y I wanted to get the it, but
record straight as of now.
Mr. Watson: Yes, because I would not have made the comment
other than the fact that you said that it not when Mr.
Carollo asked the question a theme park any longer, and I
think that is what the R.F.P. requested.
Mayor Ferre: He was referring to rides.
Mr. Watson: Okay.
Mr. Plummer: Mr. Watson, for the record, who do you
represent, sir?
Mr. Watson: I am just a ooneerned citizen, sir.
Mayor Ferre: He represents the Watson family.
Mr. Watson: Yes.
Mr. Plummer: So be it.
Mayor Ferre: Are we ready to move along?
------- -------------------------------------
28. REQUEST FOR FINAL APPLICATION MAJOR USE PERMIT LEJEUNE
CENTER PROJECT - DEFERRED FOR COMMISSION INSPECTION.
------------------------------ ------
Mayor Ferre: We are now on Agenda Item 8.
Mr. Joe McManus: Mr. Mayor and members of the Commission,
Joe McManus of the Planning Department. This is a request
to approve a final permit for a major use permit for the
LeJeune Center Project to be located on LeJeune Road on N.
W. 7th Street. The approval here is for approximately
2259000 square feet of retain area, shops, approximately
355,000 square feet of parking garage - total area included
in the permit is 580,000 square feet. Mr. Mayor and
Commissioners, following the usual procedures, we have
attached a series of conditions to the permit. I think the
applicant is in full agreement with the conditions and he is
present.
Mayor Ferre: Is this Ocean Bank?
Mr. McManus: Same site, yes.
Mayor Ferre: This is the Ocean Bank site, right?
Mr. Carollo: Is it the same owners that own everything
there?
Mayor Ferre: As I understand it, the Planning Advisory Board
recommended it 5 to 1. There are any opponents present that
wish to speak on Item 8? Are you an opponent? Okay. I
will recognize the proponents. Is there anything else you
want to say?
Mr. McManus: No, sir.
Mr. Tony Cabrerra: Mr. Mayor and members of the Commission,
my name is Tony Cabrerra and I am here to request approval
of these special use major permit for the Le Jeune Center
project. If there is any questions, I am open to ...
sl 76
February 280 1985
_.♦ r,v_> ..a`A 41'ebdt`-•'.:s.TJ-:Y.Y..
Mayor Ferre: All right, any questions on Item 87 Are you
the attorney of record?
Mr. Cabrerra: No, sir, I am not.
Mayor Ferre: You just have power of attorney for the
owners.
Mr. Cabrerra; That is correct.
Mayor Ferre: I am sorry, I said the P.A.B. was 5 to 1. It
was 6 to 0, not 5 to 1. Are there any questions? There
being no opponents here, is there a motion? Okay, back to
questions. Are there any questions?
Mayor Ferre: We are on Item 8. Again for the record, Mr.
Perez and Mr. Plummer, this matter was recommended by the
Administration and it was Planning Advisory Board
unanimously approved it and it is before us at this time.
Mr. Plummer: Are we due questions, Mr. Mayor?
Mayor Ferre: Yes, that is where we are at.
Mr. Plummer: All right, are you representing the applicant?
Mayor Ferre: Yes, he just made that statement.
Mr. Plummer: Are you Tony Cabrerra?
Mr. Cabrerra: Yes sir, I am.
Mr. Plummer: All right, sir. Who are the principals of
that Le Jeune Centre Inc.?
Mr. Cabrerra: The principals and the owners are in the
record, but off the top of my head - Joaquin Membiela, Mr.
Benigno Perez, Mr. Cansio Macedo de Suasa, Mr. Agustin
Macedo de Suasa, and Mr. Alberto Abreu. _
Mayor Ferre: Is Rafael Elortegrui also involved?
Mr. Cabrerra: Excuse me?
Mr. Plummer: Joe, refresh my memory. Isn't the bank
presently on that location?
Mr. McManus: There is currently the Ocean Bank right on
that corner - the N. W. Corner of LeJeune and ...
Mr. Plummer: Is that included in the total square footage
of development?
Mr. McManus: It is included as Phase I. You are improving
Phases II and III, which triggered the major use.
Mr. Plummer: And those two phases amount to how much square
footage?
Mr. McManus: The total of those two phases would be
5800950. The first phase is approximately 1259000 square
feet.
Mr. Plummer: How high do you intend to go?
Mayor Ferre: Six stories.
sl 77 February 28, 1985
Mr. Cabrerra: Phase I is as high as we can go. We are
limited by F.A.A. regulations, so the ....
Mr. Plummer: How many parking spaces are they providing and
are they doing it in the building or on a separate
structure?
Mayor Ferre: 355,400 square feet.
Mr. Cabrerra: Parking spaces we are providing 191289 where
I believe 900 are required.
Mr. Plummer: Is that a separate structure is that in the
same building?
Mr. Cabrerra: Commissioner Plummer, actually it is a phase
construction on one wing of this phase - there is Phase I
and Phase II are interconnected and basically in the same
building. We have a "U" shaped configuration whereby the
bottom of the U, if we can say, is all parking. It is a
parking structure, seven levels.
Mayor Ferre: Well, I will tell you, I would like very much
and I hope you will forgive me for doing this, but I would
like to go down there and personally look at that property
with you. Would you call up my office and make an
appointment on Monday, and I would be happy to go down there
and take a look at it, okay? So, I would like to, as we do
on this Commission, just on a personal basis, ask that this
matter be deferred to the next Commission meeting.
Mr. Plummer: Second the motion.
Mr. Carollo: There is a motion. There is a second.
Mr. Cabrerra: I have a question. Is there any reservations
about the project?
Mayor Ferre: No, I just want to go look at it! I have
reservations, I don't know. I want to go see it. I want to
go see the land - I want to see ... these drawings are very
nice, but I want to get the full drawings.
Mr. Cabrerra: The reason being, it has been through the
D.R.I. process and approved by the State, it has been by ...
Mayor Ferre: This discussion doesn't have anything to do
with the D.R.I. process. We deal with City of Miami issues.
The D.R.I. deals with South Florida Planning Council issues
and that is separate. This one is City of Miami. We have
to approve it and we have a fiduciary responsibility, and I
read through this and I have seen the line drawings. The
only line drawing that I have available here is this. That
is all I have, so you are asking me and Mr. McManus to pass
judgment on this. I wanted to tell you in the future,don't
you ask me to pass judgment with that kind of a line
drawing. I want more information.
Mr. Plummer: Do you have a model?
Mr. Cabrerra: We have two models actually. I never thought
that this would be required, or else I could have supplied
you all the models and all the information.
Mayor Ferre: Well, let me ...
Mr. Plummer: Sir, it is not required, but I think it would
help be beneficial to you at the next meeting to bring them.
sl 78 February 28, 1985
Mayor Ferre: You see, what happens around here is this.
People assume right away that because another agency like
the South Florida Planning Council approved it, or because
the Planning Board approved it, or because the Department
has recommended it, that we are just a rubber stamp and it
doesn't work that way.
Mr. Cabrerra: I recognize that.
Mr. Perez: Does the property have any connection with
Anthony Abraham Enterprise?
Mr. Cabrerra: None whatsoever.
Mr. Carollo: No further questions of the Commission? No
further discussion? Call the roll, Mr. Clerk.
Mayor Ferre: On the continuation?
Mr. Carollo: On the continuation.
THEREUPON, on motion made by Mayor Ferre and
seconded by Commissioner Plummer, the Commission
unanimously voted to continue this item to the
meeting of March 28, 1985.
Mayor Ferre: All right, thank you sir, and if you will call
my office on Monday, I don't know if any other Commissioner
wants to avail themselves of the ...
Mr. Cabrerra: Is it possible to put it on the agenda for the
next ...
Mayor Ferre: That was the motion. The motion was to defer
until the next Zoning meeting — next regular meeting.
Mr. Cabrerra: Mr. Mayor, how soon do you believe we can get
together?
Mayor Ferre: The 28th of March, exactly one month.
Mr. Cabrerra: And I should call your office?
Mayor Ferre: On Monday and I would be happy to go out there
and I would like to take a look what it is that you are
going to do. Thank you.
Mr. Caberra: Thank you.
29. FIRST READING ORDINANCE: APPLY HC—I GENERAL USE
HERITAGE CONSERVATION OVERLAY DISTRICT TO THE INGRAHAM
BUILDING.
Mayor Ferre: All right we are now on Agenda Item Number 9.
Ms. Sarah Eaton: Mr. Mayor and members of the Commission,
the Planning Department recommends the designation of the
Ingraham Building because of its extreme architectural and
historic significance to the City of Miami.
Mr. Plummer: Assuming everything is in order, I move Item
9.
Mr. Carollo: Second.
79
February 28, 1985
f
0
Mayor Ferre: Is there a second?
the roll. Read the ordinance.
AN ORDINANCE ENTITLED-
Further discussion. Call
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 95000 THE ZONING
ORDINANCE OF THE CITY OF MIAMI, 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
(MORE PARTICULARLY DESCRIBED HEREIN);
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.
Was introduced by Commissioner Plummer and seconded by
Commissioner Carollo and was passed on its first reading by
title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: done.
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.
----------------------------------------------------------
30. FIRST READING ORDINANCE: CHANGE ZONING CLASSIFICATION,
4141 N. E. 2ND AVENUE FROM CG-2/7 TO SPI-8
Mayor Ferre: We are now on Agenda item 10.
Mr. Richard Whipple: Item Number 10, Mr. Mayor and members
of the Commission is recommended by the Planning Department
and by the Zoning Board. As a matter of fact in a way this
was an oversight when we adopted and applied the SPI-8
district to the Design Center and this property is already
utilized for design oriented use and on that basis we are
recommending inclusion into the SPI-8 district.
Mayor Ferre: All right, any further questions?
Mr. Plummer; Are the owners present?
Mr. Whipple: They were earlier.
Mayor Ferre: I saw Mr. Lallouz here earlier. Go ahead.
Mr. Charles Lallouz: My name is Charles Lallouz.
Mr. Plummer: Tell us what you are planning on doing.
Mr. Lallouz: Yes, we are planning to build a Phase II of
Miami Center Design and the land actually, the same land was
zoned on two different zonings.
sl 80 February 28, 1965
Pp�
iy
Plummer: Did you say a school?
hpµ r 4 1
Mr. Lallouz: No, no a design center.
Mr. Plummer: Oh, okay. Anything else we ought to know
m
about it?
Mayor Ferre: It is a great project.
Mr. Lallouz: We are going to start as soon as possible.
~'
Mayor Ferre: I will tell you, my only concern with you, Mr.
to is, that you have been
:,.
Lallouz, with all due respects you
talking about this for the last two years. In the meantime,
;..
those people in Dania are building a major project that is
the design people from this
going to take away a lot of
so I hope you will move as quickly as you can. Have
area,
you got financing already?
Mr. Lallouz: We are ready. We are 85% leased already and
to
to really major, major people who are supposed to go
Dania, and they came to us now.
Mayor Ferre: All right, is there a motion?
Mr. Plummer: Move it.
F,
Mr. Dawkins: Second.
u
Mayor Ferre: How soon are you going to break ground?
qm
Mr. Lallouz: I hope six weeks ago, but ...
Mayor Ferre: Well, realistically, when are you going to
y
break ground?
Mr. Lallouz: We have the approval and could break ground
any day. We are waiting ...
Mayor Ferre: Does that mean a week or a month or six
months?
Mr. Lallouz: At the latest, three weeks.
y
Mayor Ferre: Three weeks. Would you let the members of the
Commission know, because we are anxious to see you go on.
Mr. Lallouz: Yes, and we are really anxious.
Mayor Ferre: And congratulations to you. Good Luck. All
", az
right, call the roll. Read the ordinance.
:_.•,_ ,a'..
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 4141 NORTHEAST 2ND AVENUE,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) 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
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.
sl 81 February 28, 1985
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.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
------------------------- -----------------------------
31. FIRST b Y 7 STRSBT FAOM
READING ORDINANCE:
CHANGE2/7 TO SPI-8 CLASSIFICArIOd
563
------------------------------------------------------------
Mayor Ferre: Agenda Item Number 12 - is that controversial?
It is an ordinance on first reading. The Department
recommends. The Zoning Board recommended 9 to 0
unanimously. Are there any opponents to 12? Do you want to
tell us briefly what 12 is?
Mr. Whipple: Briefly 12 is a rezoning of the a strip of
property that is under the same ownership as the property to
the west, and this is extending the zoning line to include
all of the property rather than to split off this 50 foot
strip.
Mayor Ferre: You sure this isn't spot zoning now?
Mr. Whipple: No, sir, it is taking on the same zoning as
the zoning to the west, CR-2/7.
Mayor Ferre: The fact that it isn't an island doesn't mean
that it makes a difference ...
Mr. Whipple: No, there is enough room for a dipole on
there.
Mr. Plummer: Is the owner here? Are you the owner, sir?
Mr. Gene R. Picchi: No, sir, I am not the owner, but the
owner is represented if it is here.
Mr. Plummer: Mr. Whipple, give me an approximate idea of
the value that we are making for this gentlemen, but virtue
of going to the one zoning to the other zoning.
Mr. Whipple: I could not do that at this time, Commissioner
Plummer.
Mr. Plummer: Well, but I mean, are you talking about a 20%
increase?
Mr. Whipple: Commissioner Plummer, we rarely deal in
property values and of course ...
Mayor Ferre: I think the question he wants to know - is how
many black olive trees ...
sl 82 February 28, 1985
0
Mr. Plummer: How many black olive trees would this
gentlemen like to donate to the City to enhance the value of
his property?
Mr. Whipple: I am sure he would be glad to listen to the
Commissioner's suggestion. I would point out ...
Mr. Plummer: No, no, excuse me. The Commission would like
to hear his ideas.
Mr. Whipple: May I point out one item before you hear that
and that is that if you had visited this area recently, you
would notice that it has been heavily landscaped,
immediately behind the sidewalk, pursuant to the plat and
street requirements of landscaping.
Mayor Ferre: And J. L., there are two other things. The
first other thing is, that usually we are vacating alleys or
closing streets. I want the Commission to listen, so just
hold off for a moment. This time we are not doing any of
that. This is a change of zoning and we have never asked
for black olive trees for a change of zoning. This could be
a first.
Mr. Plummer: Do you like mahogany trees?
Mayor Ferre: The second reason is that Mr. Bechamps has got
a brother who happens to be a Catholic priest in - is San
Antonio, Texas?
Unidentified Speaker: Corpus Cristi.
Mayor Ferre: Corpus Cristi.
Mr. Plummer: Well, Mr. Mayor, he is such a good friend, and
you know, I like good friends and instead of demanding 19000
trees I am only going to accept 500.
Mr. Dawkins: I thought we got away from Black Olive trees?
Mr. Plummer: But Miller, you are still looking for white
olives, and they don't exist! (LAUGHTER)
Mr. Dawkins: But I have got some needs in the ghetto for
palms and recreation and clay courts!
Mr. Plummer: Well, let's get to the thrust of this thing,
the zoning that is.
Mayor Ferre: He doesn't know what you are talking about.
You better explain it.
Mr. Plummer: He might want to proffer ... I think it is a
great project. I only know one way to make it better.
Mayor Ferre: Gene, are you following all of this?
Mr. Picchi:
Mayor Ferre: Okay.
Mr. Plummer: Did you have something you want to say to the
Commission?
Mayor Ferre: Do you want to come over to the Confessional
over here and talk to the Commissioner and whisper into his
ear something?
Mr. Picchi: I would like to say, Commissioner Plummer, at
some point in town the land is going to have to be platted.
sl 83 February 281 1985
0
When it is
automatic.
0
platted, the requirements for the trees is
Mr. Plummer: Well, you just ... Mr. Whipple, why don't you
go over there and say hello to these people and get better
introduced.
Mayor Ferre: Gene, would you introduce Mr. Whipple to the
owner of the property? Yes, sir, you like palm trees better
is that it?
Mr. Picchi: No, we will take the black olives or the
mahoganys.
Mr. Dawkins: Okay, I promised everybody every time you get
black olives, you lose my vote.
Mayor Ferre: White olivesl
doesn't want any black olives.
Mr. Plummer: You want mahogany?
He wants white olives; he
Mr. Picchi: Mr. Mayor, we would offer 150 mahogany or black
olives, whatever the Commission decides.
Mayor Ferre: All right, you had your ...
Mr. Plummer: With that kind gesture, I think the City has
received something in benefit.
Mr. Picchi: What size?
Mayor Ferre: What size mahogany?
Mr. Plummer: Well, I can't say six foot or I will be
conflict of interest.
Mr. Picchi: The usual size for that kind is six to eight
feet, which is the way they are rated in two foot
increments.
Mr. Plummer: That is fine. Mr. Mayor, I move Item 12
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: There is a second. Further discussion on the
mahogany trees? Read the ordinance.
AN ORDINANCE ENTITLED-
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 5631 NORTHWEST 7TH STREET,
MIAMI, FLORIDA, (MORE PARTICULARLY
DESCRIBED HEREIN) FROM RG - 3/5 GENERAL
RESIDENTIAL TO CR - 2/7 COMMERCIAL
RESIDENTIAL (COMMUNITY) 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 300, THEREOF,
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
84 February 28, 1985
Was introduced by Commissioner Plummer and seconded by
Commissioner Carollo and was passed on its first reading by
title by the following vote-
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ON ROLL CALL:
Mr. Plummer: Yes, understanding that that will be part of
the covenant with second reading.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
----------------- -------- ------------------ ---------------
32. COLAREA,
DISCUSSION AND DEFERRAL:
gBTCBST FOR CHARGE OF ZONING
CLASSIFICATION
----------------------- --------------------- ---------------
Mr. Rodriguez: Let me introduce Mr. Waters from the
Planning Department, which is a new planner that we have on
the staff. He will make the presentation on Item 14.
Mr. Elbert Waters: Good afternoon Mayor and Commissioners,
my name is Elbert Waters and I am a planner in the
Neighborhood Planning Division and I am the planner for the
Overtown area. This particular item, the Planning
Department recommends a change from RG-2/6 to CR-1/6 in the
area generally know as the Culmer area of Overtown. Just to
give you some general background, this is item 14 - in 1983
several property owners approached the Planning Department
with a petition requesting that we rezone this particular
area, stating that the RG-2/6 was not as liberal as the
zoning they had formally had on the prior zoning ordinance
6871, which expired in June of 1983• The area generally s
bounded by N. W. 8th Street to the north, N. W.
eet
to the south and N. W. 6th Avenue on the west and N. W. 4th
Avenue on the east.
Mr. Plummer: This is going to a commercial zoning.
Mr. Waters: Yes, sir.
Mr. Plummer What advantage is that to those area residents?
Mr. Waters: Well, generally the area is residential now.
The Department of Housing and Urban Development of Metro -
Dade County has property that they are proposing to build
some additional single family residential development in
that particular area. The property owners that are there
now would like to take advantage of that increase in terms
of patrons they could possibly have for the individuals in
that particular area.
Mr. Plummer: What is to be rezoned?
Mr. Waters: The yellow portion.
Mr. Plummer: All of the yellow portion?
31 85
February 28, 1985
.0 0
Mr. Waters:
Mr. Plummer: Well, okay - you know, try and stop something
later on down the pike. Let me ask, for example, why on N.
W. 8th Street in Lot 39 I assume it is - yes, Lot 39 why
isn't Lot 18 also proposed? You know, we are continuously
harassed in here about having lines going straight? Why did
you do 3 without doing 18?
Mr. Waters: What we have in that particular area - some of
the property is presently owned by HUD.
Mr. Plummer: That has no bearing on it.
Mr. Waters: Okay, those units in that particular area - on
those properties in that area is owned by H.U.D. I have sat
down with them to look at what they are proposing for the
area and right now those are - that is basically what we
have come up with.
Mr. Plummer: How high a commercial will this new zoning as
proposed allow?
Mr. Waters: This is CR-1 - it is very conservative.
Mr. Plummer: What will that allow?
Mr. Waters: It will allow those businesses that presently
exist to expand their existing facilities. It will not
allow uses such as new liquor stores coming into the area,
or package stores coming into the area, because those
existing package stores that are there could possibly expand
under these present CR-1/3-
Mr. Plummer:
I
move Item
14 on first reading.
Mayor Ferre:
Is
there a
second?
Mr. Plummer: I withdraw my motion. Move to defer until
they have time to contact Commissioner Dawkins.
Mayor Ferre: All right, it has been moved to deferral.
Mr. Dawkins: Second.
Mr. Plummer: For the record, did you or anyone in your
Department contact the Commissioner's office to discuss this
item with him prior to this meeting?
Mr. Rodriguez: No, we haven't.
Mr. Plummer: Why didn't you?
Mr. Rodriguez: Well frankly, we thought that we should
discuss it over here, but we can go and meet with you and
discuss it in detail.
Mr. Plummer: Someday you might learn!
Mayor Ferre: All right, on deferral - I am sorry, on
continuance, call the roll.
THEREUPON, upon motion made by Commissioner Plummer
and seconded by Commissioner Dawkins, the Commission
voted unanimously to continue this item to meeting
of March 28, 1985.
sl 86 February 28, 1985
0
NOTE FOR THE RECORD:
TO NARCH 289 1985.
AGENDA ITEMS 15 AND 16 WERE CONTINUED
33. DISCUSSION AND REQUEST FOR GRANGE OF ZONING
CL►SSIFICATION 601-651 N.Y.
57 COURT FROM RS-2/2 TO RO-
1/2 DENIED REFUND OF FEES AND APPLICATION YITHDRAWN BY
APPLICANT.
------------------------------------------------------------
Mayor Ferre: Agenda Item 11 - this is an ordinance on first
reading. It is a petition for atlas change from R-2/2 to an
RO-1/2. The Planning Board ... The Department recommended
denial and the Zoning Board recommended denial unanimously 7
to 0. Would the Administration give us the Department's
position?
Mr. Whipple: Yes, sir, as you indicated, Mr.We ayorl the
did not
Planning Department did recommend denial.
believe that it is in accord with the comprehensive plan and
the land use characteristics of the area for a commercial
zoning. As is duly noted on the projected illustration on
the board, the area is primarily zoned RS-29 single family
residential and this is an encroachment heading westward
into this residential area. It is true that there is a
shopping center across the street, but it is well buffered
with landscaping and set back and things of that nature.
You might remember some time back, those that might have
been on the Commission as that time, the blue area is a
service station and that has an odd shape to it because the
request was to rezone property, including this property
today for commercial re -use for the gas station, but a
bargain was struck at the time of that hearing and only a
portion of the rear property was included in the change of
zoning, with the eye toward leaving this lot as a
residential buffer between the gas station and the
residential development to the west. The subject site of
the upper portion of it is available for transitional use
for perhaps an office type development and we believe that
the requested change of zoning for commercial is not in
keeping with the character and does not protect the
residential area surrounding the site.
Mayor Ferre: All right, we will hear from the applicant.
Mr. Harold A. Greene: Mr. Mayor and members of the
Commission, my name is Harold A. Greene. I am an attorney.
I practice at 300 Biscayne Boulevard Way in Miami, 1578 East
Commercial Boulevard in Fort Lauderdale. I represent the
applicant in this matter, the Picchi property and what has
been said by the Planning Director is quite correct in so
far as the prior zoning. The blue area is presently a Shell
Oil Company gasoline station. That was approved, as I
recall, about 20 years ago and this property, which is now
part of this application has remained unused for all of that
time and it is still unused. It has gone up as vacant land.
There are two buildings on the property, one of which was
required to be condemned. Now, I am going to try to out
this short if I may, because, I, as a result of this
deferral until this afternoon, was able to go down and spend
Mr. Genuardi's lunch hour with him and then a little bit
extra time to review this application and to find out
exactly where it stood. Now, I am going to ask the Board to
give me a few minutes to explain what has occurred. The
original application, was for CG-1/79 which would have
permitted a commercial structure on this property. We had
agreed at the time of the original application that when the
51
87
February 289 1985
structure w built we would provide a #versant funning with
the land wh*h would not permit any us. to face 57th Court,
but which would require all uses to face inward on the
property. The area as you can see on these sketches would
have been the office building would have been in yellow, and
that yellow office building would have had no exterior
openings on 57th Court. When we went down the board, it was
determined that we could do with a lesser zoning than the
CG-1/7 because there was no need for us to use it for
commercial property. What my clients really wanted to do
was build an office building on the property. The odd shape
and everything else made it possible, the building of that
nature. After we got involved , the final zoning hearing,
it was determined that we could reduce it to a use called
RO-1. At that time I requested that we be permitted at that
time verbally reduce the request from the CG to RO-1. There
was a great deal of discussion at that time about the
density and we finally after Mr. Perez-Lugones and I spoke a
few minutes on RO-1/29 which would have been the same
density as the property has right now. At that time I did
not realize that by agreeing to the reduction of density we
would also not be able to build the building that was
contemplated on that property and therefore that reduction
of density is inappropriate, so the zoning application that
we are here for right now is really not any good, because it
would give us actually less on this property according to
what Mr. Genuardi told me today, then we could build right
now in the existing R-2/2 zoning, because this is a lot. We
have side lot setbacks, we have side lot requirements. The
front on this property actually faces N. W. 7th Street, and
therefore according to Mr. Genuardi, he recommended that we
would come back to this board and tell this board that we
really need an RO-1/7 for what we intend to build here,
which could be done because there is over 200 feet of
frontage on the property, or the 200 feet on the property.
Now, my reason for going into this long explanation is
because what I am requesting now is the right to withdraw
this application without prejudice, or as is stated in the
City code, to withdraw it is provided in Section 35-14.4 of
the code, and also request a waiver of time limit, as
provided in Section 35-14.5 of the code. I would also
request, because of the error, and admittedly, a good part
of the error was mine, but part of it I think was because
the questions that were asked or the questions that were
answered were not made clear to me, that the City agreed to
waive an additional fee for us to come back and file the
new, proper application. That is basically where we are at
the moment. We would like the right to withdraw. We would
like a waiver of the time requirement, which the board can
do under 33-14.51 and we would like if possible, to get a
waiver of additional fees, so that we can come and prepare a
new application and come back in.
Mr. Plummer: Mr. Greene, repeat on the record, sir, what you
said you could build there today without a change of zoning.
Mr. Greene: What I said was that we can build more than we
can with this change of zoning. If we get the RO-1/2
zoning, the restrictions are such, according to what Mr.
Genuardi told me, that we couldn't build as much as we can
with the existing ES-2/2 zoning, so that by getting the
zoning, we are actually getting less than what we have,
which frankly as mentioned, is at least partly my fault
because I did not understand in my discussions with staff
previously that this is what we were doing. What we really
need is an RO-1/7. I was also told by the attorney that
there is no way, that if there were a way for the board to
do this, to send this back to the PAB so we can go in with
the proper application, I would be happy to do it that way,
but apparently we can't do this.
sl 88 February 280 1985
0 0
Mayor Ferre: All right, Mr. Pierce, what is your reaction?
Mr. Pierce: Mr. Mayor, I just wanted to point out for the
Commission's information that under the transitional use
requirements, that he could build today very limited offices
which would have to meet the requirements for any single
family residents built on that site. That is, you would
have about a F.A.R. of about .26. He would have to observe
the same yard requirements as any other residential
structure and there is no way that anything approaching what
is shown on the posters there could be built.
Mr. Greene: Well, that is true. I am not denying that.
What I am saying is that we can't build more than a .26
F.A.R if we get what we are asking for and the 1/2 zoning
that we are asking for today doesn't give us any more than
the .26 F.A.R. that we already have.
Mr. Pierce: Excuse me once more, but more importantly than
the uses that would be permitted on that property as a
transitional use are very limited. If offices were built in
the transitional use it would be limited to very slight
offices and medical and dental offices and only outside
parking. It would be totally restricted as any other RO
district would be.
Mr. Greene: That is correct. We are not denying that.
Mr. Plummer: Mr. Pierce, what is the fee he is asking us to
waive? How much is it?
Mr. Pierce: About $19200, $1,300.
Mr. Perez-Lugones: I would have to look at my files to find
that.
Mr. Greene: It was either $19200 or $1,6009 as I recall.
Mr. Plummer: There is no way I would vote to waive the
entire fee, because we have certain costs involved. Postage
just went up, right, Demetrio?
Mr. Greene: We would acknowledge, Commissioner Plummer that
you are correct. Any costs should not be waived - we would
pay the costs all over again, no question about that.
Mr. Plummer: Well, Mayor, are we going to hear from the
residents or are you going to just accept his motion, or ...
All right, the residents have heard the request of the
attorney. It would be proper at this time if we would hear
from the residents to their feelings, one, to his request
and if you have no objections to his request, then the
Commission will vote on that. If you object to that, then
we would go back, if the Commission so deposed go back to
the actual application and hear it as it is, which leaves
him the only alternative then to withdraw and wait the 18
months, so the residents on Item 11. How many of you wish
to speak at this time? All right, can we ask that there be
possibly three or four of you designated as speakers for the
group? We would also ask, sir, that you speak to the first
issue, that of his request to withdraw the waiver of time
and the waiver of fee. Then after we have heard on that and
voted, it will then depend on whether we hear the actual
application or not. For the record, your name and address.
Mr. Herbert Garcia: My name is Herbert Garcia and I am the
engineer and architect from Edward Donn and Company. I have
a lot of experience in zoning and construction.
81 89 February 28, 1985
11
0
Mr. Plummer: Your address.
Mr. Garcia: 22 years ... 532 N. W. 57th Court. We know and
we agreed - everybody agreed with me here - I am
representing a lot of our neighbors. I have a recent
acceptance by them with my presentation. We agreed on the
west side of 57th Avenue and at the south side of 7th Street
is a heavy, strong residential area. That residential area
is for many years and it is going from 7th Street down - up
to Flagler Street from Red Road, 57th Avenue ...
Mr. Plummer: Wait a minute, sir, excuse me. I have asked
you to speak first to the request. That request is for them
to withdraw their application, to waive the time of 18
months, and to waive the fee. Now, that is what I am asking
you to speak to first. If that request is not honored, then
they have to make a decision to withdraw or proceed as it is
before us. Do you object to them withdrawing and refiling
in a different mode?
Mr. Garcia: We are against any changes. Everybody is
against any changes and we ask you as a Commissioner and
representing us in the City of Miami, to help us in this
kind of abortion of design.
Mr. Plummer: Mr. Green, you have heard the neighbors speak.
I assume they all speak through this gentlemen. They are
opposed to any change. So, I think it is first up to this
Commission as to whether or not your request to withdraw,
waive the time and waive the fee. Do you have any more to
say to that, sir, before this Commission takes a vote?
Mr. Greene: Mr. Chairman, I would point out that there were
123 names provided at the Z.A.B. hearing, which I believe is
part of the record in favor of the application, but let's
not go into that. We would still ...
Mr. Plummer: 123?
Mr. Green: 123.
Mr. Plummer: That is not what our records show, sir. Our
records show that there were 21 people in favor.
Mr. Greene: At the hearing. There were 123 signed requests
in favor. I know that, and we will provide them to you, if
they are not in the record now, we will deliver them to you.
We have signatures from these people, but that has got
nothing to do with it, really.
Mayor Ferre: Oh, yes.
Mr. Greene: What we are talking about at the moment is a
request that we have to withdraw the application. We will
withdraw the application because there is just no way that
we can live with the zoning we have requested. I have
explained to this board that it was done in error; part of
that error because of the confusion involved at that time
was my error, and I am responsible for it to that extent.
What we are saying really is, that because of the error,
which was an inadvertent error, we request a waiver of time.
We think also because of part of the error occurred as a
result of either misinformation or my misunderstanding as to
the information I was receiving and we reduced the density
request from the 7 to the 2, what we are asking for can't
possibly be built, even if we were to obtain the zoning and
you gave us everything we have on the table today, so what
we want really is for this Commission to put us back at the
beginning, at the status quo, that it was at that time, and
let us start over. We would like, if possible, for the
gl 90 February 28, 1985
Commission to grant us the opportunity to at least save part
of the money, because as I understand it from Mr. Perez-
Lugones, it was over $29281 that we expended altogether in
fees, so at least part of that, perhaps, we can recoup, and
that is the whole request.
Mayor Ferre: All right, sir, go right ahead.
Mr. Garcia: I understand very much your opportunity to talk
here today, but I need time to explain the situation,
because we are running this problem since a year ago, and
they are delaying and delaying and delaying, and for people
here to come, it is very hard and difficult. We have people
with bone problems.
Mr. Plummer: Sir, excuse me, I don't want to deny you the
right to speak, but if this request that he has just put
forth to this Commission is not honored, you have nothing to
talk about! It is over. You won! Now, a smart man knows
when you are ahead, so save your breath and all that energy
until this Commission makes a decision as to whether or not
we are going to honor this request for the withdrawal, okay?
Mr. Garcia: I am saving the energy because it is the
pressure.
Mr. Plummer: I understand!
Mr. Garcia: It seems they put it on for many months.
Mr. Plummer: (COMMENTS IN SPANISH) Put it on hold. You
might need it in twenty seconds, but right now ...
Mr. Garcia: Okay!
Mr. Plummer: All right, now, members of this Commission,
you have heard the request of the applicant's attorney, Mr.
Greene. He has indicated for the record that he is going to
withdraw either way he has to. His request then, if this
Commission is to allow him to withdraw; to allow him to
waive the 18 months waiting period, and possibly waive the
fee. I now ask at this point - is there any member of this
Commission who wants to make a motion? I ask a second time.
Is there any member of this Commission who wants to make a
motion? For the third and final time, the motion, as
requested by Mr. Greene is to withdraw, to waive the 18
months and waive the filing fee.
Mayor Ferre: Is there any problem with that?
Mr. Plummer: Yes, the neighbors were very much opposed to
any change. For the third and final time, is there any
member of this Commission who wants to make a motion. Mr.
Greene, I think you heard the same silence that I did, sir.
The only opportunity you have sir, at this point, is either
to withdraw, or to go as presented on the agenda, sir.
Mr. Greene: Mr. Chairman, if we decline to withdraw and we
are defeated in our request for the RO-1/29 does that mean
we still have to wait the 18 months?
Mr. Plummer: Yes, sir.
Mr. Greene: Either way, we have to wait the 18 months.
Mr. Plummer: Yes, air.
Mr. Greene: Then I would say that the least we can do is
let the gentlemen speak and vent their spleen and then when
they get all through, the Commission can do what it wants.
My presentation is completed.
gl 91 February 28, 1985
Mr. Plummer: But, sir, if we are going to let this
gentleman vent his then I spleen, and
you to putare still him through it. He
to
withdraw, sir, He
might have a heart attack ...
Mr. Greene: What I am saying
to eitherew yCommission ould justeas
simple. If I am going to lose
soon hear him out, so that the Commission ...
Mr. Plummer: No, we don't - that is going to be another
half hour.
Mr. Greene: Well, then I would request that the Commission
make a motion which would at least give me something eto take
back to my client, rather than tnof tiing at all. the �2,281 that we paid
say
that they don't give us any p opportunity to come back
in this fee, but just give us the opp Y
with a correct application ...
Plummer: f he City Mr. Greene. Iss ys there is in such? order Commissioner
the request o
Dawkins?
Mr. Dawkins: Yes, so moved.
Mr. Plummer: Seconded by Mr. Perez. Is there any further
discussion on the motion to deny the request? Call the
roll?
Mr. Greene: The zoning request, sir, or the request to ...
Mr. Plummer: the the reqeust
thatfor
the
twaiver, and the waiver
of fee. Call h
The following motion was introduced by Commissioner
Dawkins, who moved its adoption:
MOTION NO. 85-188
A MOTION DENYING A REQUEST MADE BY HAROLD
GREENE, ESQ•, ON BEHALF OF EUGENE R. PICCHI,
INC., FOR A WAIVER OF THE TIME LIMITATIONS
AND/OR PARTIAL REFUNDING OF FES CONCERNING
THEIR APPLICATION FOR CHANGE OF ZONING OF
PROPERTY LOCATED A APPROXIMATELY 601-651 N.
W. 57TH CT. FROM RS-2/2 TO RO-1/2.
Upon being seconded by do adopted by theCfollowingevot erez, the motion
was passed an p
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Mr. Plummer: Now, Mr. Green.
Mr. Greene: Mr. Chairman, I would like to present the 123
signatures in favor of this application to the Board at this
=`. time.
Mr. Plummer: We will forward that on to the Clerk. Madam
City Attorney, put that on the record, please.
gl 92 February 28, 1985
Mrs. Dougherty: I just explained to Mr. Greene that if the
application is denied by the Commission for a change of
zoning, then he has to wait 18 months to bring it back
again. If he withdraws the application and brings in a
different, or a change of zoning for a different
classification, then he has to wait 12 months.
Mr. Plummer: Do you understand the difference?
Mr. Garcia: Yes, sir.
Mr. Plummer: Okay.
Mr. Greene: On the classification, let me ask this of the
City Attorney, if I may, sir. The classification we are
talking about bringing back in would be the same RO
classification, except it would be a different intensity of
1/7 instead of 1/2.
Mr. Plummer: Let me explain to you sir, all right? To
withdraw, or not to withdraw is strictly the prerogative of
the applicant. Do you understand that?
Mr. Garcia: Yes, sir.
Mr. Plummer: Okay, so he is trying to make that decision
now.
Mr. Jose Luis Perez: Can I say something?
Mr. Plummer: Surely, sir.
Mr. Jose Perez: I don't understand the motion. My name is
Jose Luis Perez. I live on 650 N. W. 58th Avenue.
Mr. Plummer: Yes, sir.
Mr. Jose Perez: We don't understand much about what you are
saying.
Mr. Plummer: All right, sir.
Mr. Jose Perez: Me, and all these people here, but the
point that we came here ...
Mr. Plummer: I am going to take care of that, sir. Mr.
Perez, I assuming you will understand it better in Spanish?
Mr. Jose Perez: Yes.
Mr. Plummer: Mr. Perez, would you please in Spanish explain
to these people what exactly is going on.
Mr. Jose Perez: What I am saying is, we don't understand
much about zoning, but the point ...
Mr. Plummer: He is going to explain it to you.
Mr. Jose Perez: Just a minute. All these people here, the
only thing they don't want is anything that won't be
residential area. The houses that are in front of that
building be 0
Mr. Plummer: We fully understand that, sir. Now, Mr.
Perez, briefly, would you in Spanish explain to these people
where we are right now.
Mr. Perez-Lugones: (COMMENTS IN SPANISH)
Mr. Jose Perez: One year or eighteen months?
gl 93 February 28, 1985
0
Mr. Perez-Lugones:
(COMMENTS IN SPANISH)
Mr. Jose Perez: Let me talk in Spanish to the people to
know what we are doing here. (COMMENTS IN SPANISH)
Mr. Perez-Lugones: (COMMENTS IN SPANISH)
Mr. Plummer: While we are waiting for Mr. Greene to make a
decision, sir, you must understand as well as the neighbors
that a property owner has rights, and every 18 months they
can bring this item up. That is their right, as long as
they pay the fee, that is their right and many, many people
get very, very upset that they have that right, but that is
it.
Mr. Jose Perez: Mr. Plummer, as a Commissioner, and we vote
for you.
Mr. Plummer: Yes, sir.
Mr. Jose Perez: We need your help. We need the help of Mr.
Carollo.
Mr. Plummer: We are trying to help you, sir!
Mr. Jose Perez: We need the help of the others. Those
people are not living here. We are members of the City of
Miami. We vote for Mr. Dawkins. We vote for Mr. Maurice
Ferre no matter what it says in the Miami Herald. We vote
for you. We vote for you too and we love all of you.
Mr. Plummer: And we love you, sir.
Mr. Jose Perez: We love the City of Miami. Now, we are
trying to put clear in black and white the reason why - now,
five months, ten years, eighteen months, forever - that area
is impossible because it is very narrow facing to the 7th
Street, it is only 50 feet. The width of 57th Court is only
20 feet.
Mr. Plummer: How long do you think it would take for you to
explain that?
Mr. Jose Perez: Only a few minutes. He took about 40
minutes.
Mr. Plummer: Sir, proceed. You have five minutes - gol
Mr. Jose Perez: Five minutes?
Mr. Plummer: Go. There is the big clock up there, sir.
Mr. Jose Perez: Now, we wanted and we love new
construction. We are not against the future. We love high
density construction. We love the big people who wish to
come to Miami. We want gambling We want restaurants. We
want big hotels, but not in that narrow area. This is a 40
foot front - a 40 foot front and these people here have one,
two, or three cars. In a 40 foot front, how many cars can
you park in front of your house? Two. These told me the
other day you have to move the car because you are not
allowed to have the cars in front of your house unless you
park and move the truck into that property. It is very
funnyl they told that gentleman you can't park your car
there. Now the garbage, it is another big problem we have.
Mr. Plummer:
I well know, sir.
gl 94 February 28, 1985
Mr. Jose Perez: Okay, another problem we have there is the
traffic and the little kids - no more bicycles. This is
residential area and we have to fight for residential area
and this is a strong residential area and if they make the
changes in 18 months, maybe I die by heart attack, then they
can take the plaque. All the other ones take the plaque but
are against that position and that situation and that is why
we need your help. Okay, thank you so much. Is only a
minute.
Mr. Plummer: Sir, is your wife here? Is this your wife
here? Will you thank you to the Commission? Now you can
live with him tonight; other than that, you would have never
been able to live with him. Would you like to be my
campaign manager three years? With that kind of energy,
I've never ...1 (LAUGHTER) All right, Mr. Greene, sir, it
is your decision. You have as I see it sir, two choices.
One, to withdraw and come back in 12 months, or you can
proceed and if you lose, you come back in 18 months. What
is your decision, sir?
Mr. Greene: Mr. Chairman, for the record, I am advised by
the City Attorney that if I withdraw, we can reapply in 12
months with some other zoning on this property other than
the zoning that we have applied for here.
Mr. Plummer: Madam City Attorney, is that correct?
Mrs. Dougherty: Yes, sir.
Mr. Plummer: All right, Mr. Greene, what is your decision?
Mr. Greene: If I do not withdraw, then the time is 18
months, if my request is defeated.
Mr. Plummer: Correct, sir.
Mr. Greene: Assuming that this board is going to defeat the
request ...
Mr. Plummer: Don't assume anything!
Mr. Greene: It is very difficult, and since my client has
not yet come in, I can't even communicate with them, but
give me one moment to speak with Mrs. Cardenas. Mr.
Chairman, we have decided to withdraw.
Mr. Plummer: All right, sir. Madam City Attorney, is it
proper that they do that in writing?
Mrs. Dougherty: It is not necessary.
Mr. Plummer: All right, on behalf of your client, Mr.
Greene, you are indicating for the record that Item 11, that
located at 601-651 N. W. 57th Court, in representation of
the owner, you are asking to withdraw this item.
Mr. Greene: The application as it is pending now, which is
RO-1/2.
Mr. Plummer: All right, that ceases and completes this
item. Now, to the people, what you understand is, this item
is done. It is over. At any time after 12 months, if they
so wish, they can come in with a different request and
reapply. We can't stop them from doing that. We can't stop
them from doing that, but you get 12 months of rest, or 12
months for this gentlemen to build up another head of steam.
Ladies and Gentlemen, I appreciate your kindness in bearing
with us and I hope you understand.
gl 95 February 28, 1985
Mr. Greene: Mr. Chairman, I wish to thank the board for its
consideration in this matter and I realize how difficult the
situation was.
Mr. Plummer: Thank you, Counselor.
---r-----r-.-r-r.rr.r-----r----------------r--r-rr--r---r-----
3$. UPHOLD RECOMMENDATION OF PLANNING DEPARTMENT AND DENT
REQUEST FOR CHANGE OF ZONING: 2900-2930 N.Y. 23RD AVE.,
2301-2331 N.Y. 29th STREET AND 2326 N. V. 30TH STREET
FROM RG-1/3 TO RG-2/5.
-------------------------------------- --------- -------------
Mr. Plummer:
The
next item
is Agenda Item 13.
Mayor Ferre:
All
right, we
are now on Agenda Item 13.
Mr. Whipple: Mr. Mayor, you might ask whether the applicant
is here or not. I don't believe I see him.
Mayor Ferre: Well, if the applicant is not here, there is
not very much you can do about it, is there?
Mr. Plummer: There is something we can do. We can deny it.
Mayor Ferre: Do it. Do it. J. L., are you for it?
Anybody here for Item 13?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: You want to see us deny it, right? You want
us to go pffffst!
Unidentified Speaker: Yes.
Mayor Ferre: Okay, Plummer, show her how to do that.
Mr. Plummer: I move Item 13 - that we uphold the Planning
Department.
Mr. Dawkins: Second.
Mayor Ferre: All right, further discussion. Let me remind
those present that this denied by the Department and it was
unanimously denied by the Zoning Board. That is very rare
to see a 9 to 0 denial. Now, are we ready to vote on this?
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-189
A MOTION TO UPHOLD THE RECOMMENDATION OF
THE PLANNING DEPARTMENT AND OF THE
ZONING BOARD FOR DENIAL OF A REQUEST FOR
CHANGE OF ZONING AT 2900-2970 N.W. 23RD
AVE., AND 2301-2331 N.W. 29TH STREET,
AND 2326 N.W. 3OTH STREET FROM RG-1/3 TO
RG-2/5.
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
gl 96 February 289 1985
NOES: None.
ABSENT: None.
-----rrr—rrrr—rr—r—rr.rrr—r—r--..—r�.r—rrrrr—r—r—rrr—r--r.r.r.�r--
35. APPROVE CONFIRM ACTION OF CITY MANAGER IN EXECUTION OF
-�
LOAN AGREEMENT TO G.U.T.S. - GRAND AVENUE/DOUGLAS ROAD
}
t
REDEVELOPMENT PROJECT.
------------- ---------
Mr. Plummer: May I ask a point of privilege, please?
Mayor Ferre: Please.
Mr. Plummer: I have checked with the Manager and he has
`
indicated that we have all received this Goombay Plaza
resolution. Everything is in order. Mrs. Gibson who has
been here very patiently ...
b
Mayor Ferre: Could I see the Goombay Plaza?
Mr. Plummer: Surely, sir, and if it is in order to the
>+
liking to the rest of the Commission, I would like to move
it, sir. It is in the liking of the Manager. he has gone
over it and has approved it.
Mayor Ferre: All right, there is a motion on the floor. Is
there a second?
Mr. Plummer: Mr. Manager, on the record, would you indicate
what I have just told you?
Mr. Rosencrantz: Yes, at the last meeting of the City
Commission, this item was discussed. There were some views
expressed by the City Commission. The item that you have in
front of you simply incorporates into the agreement the
'
expressions made by the City Commission. One had to do with
how the 25% of City's interest would be handled. That money
rs:
'
would be placed into trust. The second item you asked for
4 N
fix'
was the budget for that particular operation and that budget
isn't passed.
Mr. Plummer: I move it, Mr. Mayor, as presented and
recommended by the Manager.
.'
mot.,
Mayor Ferre: It has been moved. Is there a second? Second
by Dawkins. Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Plu=erq who moved its adoption:
RESOLUTION NO. 85-190
A RESOLUTION APPROVING AND CONFIRMING THE
ACTION BY THE CITY MANAGER IN THE EXECUTION
OF A LOAN AGREEMENT WITH GROVITES UNITED TO
SURVIVE, INC. (G.U.T.S.) IN SUBSTANTIAL
ACCORDANCE WITH THE TERMS AND CONDITIONS OF
THE ATTACHED AGREEMENT TO LOAN $5009000 FOR
THE DEVELOPMENT OF THE PROPERTY AT GRAND
AVENUE AND DOUGLAS ROAD INTO A COMMERCIAL
COMPLEX; AND APPROVING THE PROJECT BUDGET.
(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-
gl 97 February 281 1985
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
t; t. NOES: None.
s - ABSENT: Commissioner Demetrio Perez, Jr.
u
--------rr------
--- ---- ---- -----
36. CITY-WIDE OFFSITE AFFORDABLE HOUSING COMMITTEE THROUGH
DEVELOPER CONTRIBUTIONS.
------------------------------------------------------------
Mayor Ferre: We are on Item 23.
mbers of the
Mr. Sergio Rodriguez: Mayor not redirection that
Commission, I think 23 came as a
that we the creation ago
you gave us
a committee to sometimedealwith afford blerecommend housing contributions,of
Mayor Ferre: To do affordable housing - what?
Mr. Rodriguez: Contributions. If you remember, some time
ago when the housing trust fund was created in relation to
SPI-5 and SPI-7, you directed us ...
�t
Mayor Ferre: Oh, yes!
Mr. Rodriguez: To look into the possibility of doing it
city-wide.
Mayor Ferre: Yes.
r .. Mr. Rodriguez: We have some reports on efforts in other
._
cities such as San Francisco, Seattle, Boston, Chicago.
Today, we have before you a recommendation that you create
such a committee. We have some names that we are submitting
F for your approval and the idea will be that we will come
back before you as soon as possible, if possible by May,
r,
with recommendations as to how this could be accomplished
city-wide.
it
w s,
Mr. Dawkins: Question.
f Y�
Mr. Rodriguez: Yes, sir.
did the City - Mr. Dawkins: How much money Y
give the Downtown
f Development Authority?
5 Mr. Plummer: Out of General Fund?
Mr. Dawkins: Yes.
Mr. Plummer: $670,000.
a �rW
Mr. Dawkins: Now, why is it, that we are going to combine
with them now with another $4009000 to do What they are
supposed to be doing. I mean, I am asking what do they want
.J
to charge for this one?
Mr. Rodriguez: This is item 23• I think you are talking
4.
about item 24.
Mr. Dawkins: Item 24, that is ...
gl 98 February 28, 1985
Mayor Ferre: No, we are on item 23. You are talking about
apples and we are talking here about oranges.
Mr. Dawkins: That it is why I asked because I didn't know
what the hell I was doing.
Mr. Plummer: How about a little fruit salad?
Mayor Ferre: We are now on item 23. It has nothing to do
with the D.D.A., okay? Now, as I am sure you have all
carefully read, since the memorandum was in your packages
Friday, this is the creation of this ...
Mr. Dawkins: I move that it be deferred.
Mr. Plummer: Second
Mayor Ferre: How many times ... this has never been
covered.
Mr. Dawkins: No, this has never been deferred.
Mayor Ferre: Okay, let me tell you that Laurie Raskins is
no longer with Greater Miami United, so you can strike her
name.
Mr. Dawkins: Who came up with these names?
Mr. Rodriguez: These names was a result of a meeting that
we had with people from Community Development and the staff
and ourselves. Of the possible names of people we know
which are involved in the housing situation ...
Mayor Ferre: These are just recommended names?
Mr. Rodriguez: These are recommendations. You can change
them any way you feel is correct.
Mayor Ferre: How many do we need?
Mr. Rodriguez: It is up to you. You didn't give us any
direction. We are trying to create our committee that will
be a cross section of th developers - people working in
housing - people from the City will be working housing.
Mayor Ferre: Who is Betty Walker?
Mr. Dawkins: She is the one with Holman Housing, I believe.
Mr. Rodriguez: You know who she is.
Mayor Ferre: All right now, by the way, there is Doug
Brashon. It is Doug Brash, okay? So you got his name
wrong. George Parish and Herb Scharlin I know. I know Otis
Pitts, Sandy, and Marvin Klein, Ron Fraiser, Janet
Cooper.
rEraMr. Dawkins: Okay, the only reason I am as interested as
rX you are in housing, especially affordable housing, but I
don't want another deal like this last one. We have not
acquired the two sites that we are supposed to have and
now - but see, all we are doing is running around and make a
whole lot of promises. How in the hell can we do affordable
.r=• housing when we have not acquired this site - the first site
;;. that we have the money to do it on?
Mayor Ferre: Miller, you are talking apples and this is
oranges. I hate to argue with you publicly.
ld 99 February 28, 1985
Mr. Dawkins: You are not arguing. You are trying to
correct me.
Mayor Ferre: Look, Miller. All that Sergio is doing is
recommending that we establish an advisory board to look
into what other cities are doing in public housing! Now,
San Francisco is doing some very imaginative things.
Seattle is doing some imaginative things. Nobody around
here is doing nothing, including Metro, City of Miami and
Fort Lauderdale and Jacksonville and all he is saying is
"Create your committee and let them get into the task of
looking around and seeing". Hey, between now and payday,
and you have got six months of people looking and working
and writing letters to find out who is doing what, where.
Let's see what they are doing in Newark. Now, for example,
I want to tell you that of all the time that I have found
Harold Washington in Chicago, in my opinion has the best
idea of all and Harold Washington is coming at our
invitation to Miami March 16th, or thereafter for this thing
that Eduardo Padron is doing downtown and I think that would
be a very good opportunity to talk to Mayor Washington about
what Chicago is doing. Now, as far as I am concerned, I had
nothing to do with any of these names. They are all
acceptable to me. If you want to add or change some, that
is fine too. I mean, this is no big deal, but I think we
ought to going with it, though. Do you want to vote on this
thing and have it continued?
Mr. Plummer: What do you want to do, Dawkins? All we are
doing is establishing a board, right?
Mr. Dawkins: I am going to go with this, but I am going to
tell all of you and just like I said before, you all come in
and discuss some of these things with me. I am a
Commissioner. I am here. I get here 6:30 in the morning
and every time you come I see these things and this is the
first time I see you. So I withdraw the continuance, but
from now on, if I haven't seen it, I am going to continue
it!
Mr. Plummer: I withdraw my second. I move Item 23 because
all it does it establishes a committee, it doesn't name it.
Mr. Dawkins: I second it.
Mayor Ferre: And for goodness sakes would you ... no, it
names it! There is a whole bunch of names. Sergio, for
goodness sakes, this has happened enough times and I don't
mean to just jump on you. I am sorry. Mr. Manager, for
goodness sakes, on issues and you know that members of the
Commission, you need to have a liaison person in your staff.
I know you can't do everything, but Sergio nas people.
Sergio can come ...
Mr. Plummer: It does not name it. It only establishes the
committee.
Mayor Ferre: I stand corrected! I thought it named them.
Mr. Plummer: No, sir. They probably gave some names for
consideration.
Mr. Rodriguez: The resolution reads open for you to suggest
any names.
Mr. Plummer: That which is on the agenda only establishes
the Citizen Advisory Committee.
Mr. Rodriguez: Right.
ld 100 February 28, 1985
0 0
Mayor Ferre: Look, name them without a number and anybody
who want to add names, would you make your motion with
everybody that has been recommended here except Laurie
Raskins, who has resigned, and then please, Commissioners
Plummer and Dawkins, send you names of anybody else you want
to add, okay?
Mr. Dawkins: I don't want to add anymore, but I just want
to be sure that I don't have to add no more.
Mr. Plummer: I move 231
Mr. Dawkins: Second.
Mayor Ferre: Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-191
A RESOLUTION APPOINTING CERTAIN INDIVIDUALS
AS MEMBERS OF A CITIZENS ADVISORY COMMITTEE
TO ASSIST THE ADMINISTRATION IN DEVELOPING
CITY-WIDE POLICY FOR AN AFFORDABLE HOUSING
TRUST FUND AND FURTHER DIRECTING THE CITY
MANAGER TO PREPARE WITH THE ADVISORY
COMMITTEE ASSISTANCE, RECOMMENDATIONS FOR
APPLYING CITYWIDE, AN AFFORDABLE HOUSING
TRUST FUND CONCEPT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner Demetrio J. Perez, Jr.
---------------------------------------------------------
37. CITY WIDE INDUSTRIAL LAND USB NEEDS STUDY; AUTHORIZE
R.F.P.'S.
------------------------------------
------------------------
Mayor Ferre: We are on Agenda Item 25.
Mr. Rodriguez: Item 259 if you remember in for D emberg you
eity-wide
asked us to come up with an R.F.P. a
industrial study that will take into account ...
Mayor Ferre: That is for us to find industrial lands, isn't
that it? You want to find out if Allapattah is a good place
to do industrial.
Mr. Plummer: I move Item 25.
Mr. Dawkins: Second.
Mayor Ferre: Further discussion?
ld 101 February 28, 1985
Mr. Rodriguez: One correction. The dates are all wrong,
because this was previously before you so we have to make
those corrections.
Mr. Plummer: Item 25 is amended with corrected dates.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-192
A RESOLUTION AUTHORIZING THE SUBSEQUENT
ISSUANCE OF A REQUEST FOR PROPOSALS FOR
PROFESSIONAL SERVICES FOR A CITY-WIDE
INDUSTRIAL LAND USE NEEDS STUDY DESIGNATING
THE COMPLETE PLANNING SERVICES FOR THE CITY-
WIDE INDUSTRIAL NEEDS STUDY AS A CATEGORY"B"
PROJECT; APPOINTING SERGIO RODRIGUEZ,
DIRECTOR, PLANNING DEPARTMENT, AS
CHAIRPERSON FOR THE COMPETITIVE SELECTION
AND NEGOTIATION COMMITTEE, IN ACCORDANCE
WITH ORDINANCE NO. 8965, ADOPTED JULY 23,
1979, WHICH ORDINANCE ESTABLISHED PROCEDURES
FOR CONTRACTING SAID PROFESSIONAL SERVICES
AND ALSO ESTABLISHED COMPETITIVE NEGOTIATION
REQUIREMENTS WITH REGARD TO THE FURNISHING
OF SUCH SERVICES, AND INSTRUCTING THE CITY
MANAGER TO IDENTIFY THE SOURCE OF FUNDS FOR
THE ALLOCATION OF $609000 FOR CONSULTANT
SERVICES.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner Demetrio J. Perez, Jr.
38. AUTHORIZE
INCREASE IN SCOPE OF CONTRACT: BETTER
CONSTRUCTION FOR CONSTRUCTION OF JOSE MARTI RIVERFRONT
PARK.
f
-J 4.
-----------------------------------------------------
-------
Mayor Ferre:
We are on Agenda Item 26 - "Authorizing
increase in
contract amount of $14,0009 Better
Construction".
Mr. Dawkins:
Moved.
Mr. Plummer:
Second.
C
Mayor Ferre:
It has been moved and seconded. Further
discussion?
Mr. Plummer:
Are you opposed to this, sir?
._
Unidentified
Speaker: No, sir. I am for it.
Id 102 February 28, 1985
Mayor Ferre: No, he is for it. Now, for the record,
Mr.
Campbellq are you recommending it? Mr. Hall? Who
is
r;
speaking?
Mr. Luke Long: Luke Long, Assistant Director, Department
of
f
Public Works and we recommend it.
f
Mayor Ferre: Further discussion? Call the roll
The following resolution was introduced by Commissioner
,.'
Dawkins, who moved its adoption:
RESOLUTION NO. 85-193
A RESOLUTION AUTHORIZING AN INCREASE IN THE
A;
CONTRACT AMOUNT OF $14,553.14 IN THE
CONTRACT BETWEEN THE CITY OF MIAMI, FLORIDA
AND BETTER CONSTRUCTION, INC., DATED MAY 11,
1982 FOR THE CONSTRUCTION OF JOSE MARTI
RIVERFRONT PARK, SAID FUNDS TO BE PROVIDED
FROM FUNDS APPROPRIATED TO THE PROJECT BY
ORDINANCE 9534 ADOPTED DECEMBER 99 1982 AND
AMENDED NOVEMBER 169 1983; FURTHER RATIFYING
THE CITY MANAGER'S WRITTEN FINDING THAT THE
HEREIN INCREASE RESULTED FROM EMERGENCY
,}
CIRCUMSTANCES BY AN AFFIRMATIVE VOTE OF TWO-
THIRDS OF THE MEMBERS OF THE CITY COMMISSION
AND ADOPTING CONCLUSIONS SET FORTH IN THE
PREAMBLE OF THIS RESOLUTION; ALSO ACCEPTING
THE COMPLETED WORK OF BETTER CONSTRUCTION,
,..
INC., AT A TOTAL COST OF $1,9729337.14 AND
AUTHORIZING FINAL PAYMENT IN THE AMOUNT OF
$24,342.06 PLUS INTEREST BEGINNING FEBRUARY
14, 1985 UNTIL THE DATE OF PAYMENT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer,
the
;.
resolution was passed and adopted by the following vote-
x'=
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
a
Commissioner Demetrio J. Perez, Jr.
-- ------------------------------------ ----------------------
r
39. ALLOCATE $62,085 TO JESCA FOR AGENCY NEIGHBORHOOD
ANTI
;,-
=.
CRIME PROGRAM.
------------------------------------------------------------
Mayor Ferre: Let's do Agenda Item 31. James E. Scott
Community Development ... I've got a letter somewhere, from
James E. Scott that was delivered this morning. I assume
you all got copies - JESCA, from Mr. Rosencrantz, saying
that what the real need is $62,000.
Mr. Plummer: Wowi
Mayor Ferre:
Mr. Plummer:
Not $429000.
This says $20,0001 $20,000 plus $10,000.
ld 103 February 280 1985
Mr. Rosencrantz: We have recommended $20,085 to the James
E. Scott Community Association. This is based upon the fact
that last year, when the Commission made appropriation to
them, part of the discussion and further documentation
provided to you included our need for an additional $209000
this year, so that is why we are making a recommendation for
this $20,000, because last year was implied that you would
follow through with the program to permit them to finish it.
It takes an additional $20,000. You have before you a
letter from the same organization requesting an additional
$429000. That letter just arrived yesterday. We have not
had a chance to evaluate that particular request, so I would
ask that the Commissioners not take action on that request,
but recommend to you that you take action on Item 31.
Mr. Plummer: Mr. Dawkins? Let me ask you this - what is
this about buying computers for them?
Mayor Ferre: What?
Mr. Plummer: This list about buying computers for James E.
Scott.
Mayor Ferre: Wait a minute - I am further confused. What
is this $62,000 request?
Mr. Plummer: Okay, he said in that letter $42,000 he is
recommended be put off until the next meeting and address
the main issue as it appears on the agenda.
Mayor Ferre: In other words ...
Mr. Rosencrantz: Mr. Mayor, we are recommending $209000.
We are making that recommendation because of action taken in
the past relating to the James E. Scott.
Mayor Ferre: And you want to put off the other $42,000
request?
Mr. Rosencrantz: Yes, we are asking that we have time ...
Mr. Plummer: What about the $10,000 for the anti -crime
program? And what about the computers?
Mr. Castaneda: That is included. It is $10,000 for the
anti -crime and $10,000 for the computers, but this is for
our administrative expenses. What they are now requesting
is $42,000 for ...
Mr. Rosencrantz: Forget about the $42,000. Just explain
what the $209000 is for. Why are we recommending $209000?
Mr. Castaneda: We are recommending $20,000 because this was
partial funding of a request made last year by JESCA which
included last fiscal year and this fiscal year. Howard Gary
recommended and at time to the City Commission, so therefore
it is funded partially from last year's budget and the other
part from this year's budget - making the $20,000.
Mr. Plummer: What about the computers? Why do we have to
furnish them with computers to do an audit? That is what it
says here!
Mr. Castaneda: Are you referring to the $20,000 request?
Mr. Plummer: Sir, I am referring to the agenda. It says
$10,085 toward computerization of the agency's accounting
department.
ld 104 February 28, 1985
Mr. Castaneda: As part of the audit finding that they had,
it was recommended at that time last year that they
computerize their accounting records to better be able to
account for their financial system and that is part of that
recommendation.
Mr. Plummer: And we have to buy it? Then if we buy
computers for them, we are going to have to buy computers
for everybody to do their audit! That doesn't make sense to
me!
Mr. Rosencrantz: I don't think, Commissioner Plummer, that
it is necessary to buy computers for them to do their audit.
Last year ...
Mr. Plummer: Sir, then you make the agenda. That is the
wording that is on the agenda.
Mr. Rosencrantz: It is my understanding that in the
discussion last year before the City Commission by the City
manager, it was pointed out that they are not able to keep
up with their transactions in their accounting department
because of the large volume of transactions, they cannot do
it manually and what they asked was, for assistance in
installing computerized systems.
Mr. Dawkins: No, no, back up. What they asked for was
$50,000 to go to the United Way and hire these computer
services.
Mr. Rosencrantz: Well ...
Ms. Carol Gaines: I have nothing to do with the computer
part of this program. My name is Carol Gaines, I am the
Project Director of the Anti -Crime Program.
Mayor Ferre: At the J. E. Scott?
Ms. Gaines: Okay, our contract is supposed to be separate.
At first they were submitted as one total contract, but then
later on the programs were separated and our part of the
program is requesting the balance of the funds that were
supposed to be allocated to us for the 1984-85 fiscal year.
Mr. Plummer: Mr. Dawkins, can I put on the record that it
is my secretary's 10th wedding anniversary? She wants to go
home early and we get the consensus of this Commission that
she can go home early to celebrate her 10th wedding
anniversary?
Mr.
Dawkins:
She
how
generous J. L.
is?
Mr.
Plummer:
You
have
the consensus.
Go home.
Mr. Dawkins: She gets off at 5:00 P.M. and it is 4:58 P.M.!
Mr. Plummer: Let me tell you what is funny about that. I
personally married her and her husband 10 years ago.
Mr. Dawkins: As an undertaker?
Mr. Plummer: No, as a notary! Her husband has never
forgiven me because he said it was only for a weekend! 10
years, I don't believe it! May I suggest the best way to
handle this, since you are going to have to come back for
the additional $42,000 request. My idea wasn't worth a
damn - excuse me.
Ms. Gaines: What is that?
ld
105
February 281 1985
Mayor Ferre: The best way to handle this is quickly.
Mr. Plummer: I am listening. Tell me how quickly is.
Mr. Perez: Mr. Mayor, I would like to just recognize the
presence here of our State Legislator, Xavier Soto
distinguished member of our delegation.
Mayor Ferre: Well, we are confused about all this because
what is happening is this. The Administration says $20,000.
The request says $629000. There is $42,000 difference.
See, what we are doing is, we getting the money so that they
can learn how to computerize, but if they don't have the
computers after they learn how to computerize, what are they
going to do? So why give them the $20,000 in the first
place? I'd rather give them the computers and no money to
learn how to computerize.
Mr. Castaneda: Mr. Mayor, let me try to clarify the
confusion. The $109000 was as part of an audit. It
recommended that it would improve their accounting system to
become computerized. It was presented to the City
Commission last year and that was approved. Part of the new
proposal that you have received ...
Mr. Dawkins: Wait a minute, how much was given to them to
computerize their system?
Mr. Castaneda: $52000 and $10,000.
Ms. Gaines: $10,000. $5,0000 was for the Anti -crime
Program. $10,000 was for the computerized program.
Mr. Castaneda: Their real request was $35,000.
Mr. Dawkins: Okay, go ahead, sir, let's get through with
this. I will be working out of here at 9:00 o'clock.
Mr. Castaneda: Commissioner, I think that the conditions
they created where they are requesting $42,000, but what we
are recommending is that we fund them for the $20,000 that
we made a commitment last year. We are not recommending the
additional $42,000.
Mayor Ferre: Yes, but the Manager said that they would
restudy the $42,000 and come back at the next meeting and
that is acceptable to me. I would rather do it and get it
over with.
Mr. Plummer: Do it! I second the motion.
Mayor Ferre: All right, call the roll.
Mr. Dawkins: Any further discussion?
Mayor Ferre: $62,000.
Mr. Ongie: $621000? I didn't hear it.
Mr. Plummer: Call the roll.
Mr. Dawkins: Call the roll, we will give it to you in
writing.
The following resolution was introduced by Mayor Ferre,
who moved its adoption:
ld 106 February 28, 1985
The following resolution was introduced by Mayor Ferre,
who moved its .doption:
RESOLUTION NO. 85-194
A RESOLUTION ALLOCATING $629085 FROM THE
GENERAL FUND; SPECIAL PROGRAMS AND ACCOUNTS:
CONTINGENT FUND TO JAMES E. SCOTT COMMUNITY
ASSOCIATION TO PROVIDE$ 10,000 TOWARD THE
AGENCY'S NEIGHBORHOOD ANTI -CRIME PROGRAM,
$10,085 TOWARD COMPUTERIZATION OF THE AGEN-
CY'S ACCOUNTING DEPARTMENT AND $429000 FOR
THE AGENCY'S COMPUTER TRAINING PROJECT;
FURTHER AUTHORIZING THE CITY MANAGER TO
ENTER INTO AGREEMENT 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.)
Upon being seconded by Commissioner Plummer, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner Demetrio J. Perez, Jr.
40. AUTHORIZE AGREEMENT WITH HUD FOR UDAG ACTION GRANT FOR
REDEVELOPMENT OF BAYFRONT PARK.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-195
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY THE ATTACHED
GRANT AGREEMENT AS AMENDED, WITH THE UNITED
STATES DEPARTMENT OF HOUSING & URBAN DEVEL-
OPMENT ACTION GRANT (UDAG) WHICH WILL PRO-
VIDE $690129854 FOR THE CITY OF MIAMI IN THE
FORM OF A GRANT FOR REDEVELOPMENT OF
BAYFRONT PARK; FURTHER AUTHORIZING THE CITY
MANAGER TO ACCEPT THE URBAN DEVELOPMENT
ACTION GRANT.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the reso-
lution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner Demetrio J. Perez, Jr.
ld 107 February 28, 1985
41. ALLOCATE $130000 FOR COLOR AD IN JET MAGAZINE.
------------------------------------------------------
Mayor Ferre: Take up agenda item 33.
Mr. Plummer: Move it. Wait a minute, no that was supposed
to be $13,000. Where is Carol Anne?
Mayor Ferre: It is black and white, right here.
Mr. Dawkins: You took black and white, my color. You took
the black and white and not the color!
Mr. Plummer: Hey boys, let me tell you something. We are
going to do just as good as T.D.C. They are going to have
it in color? I want mine in color.
Mayor Ferre: Plummer moves that it be $13,000.
Mayor Ferre: That is corrected. Further discussion, call
the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-196
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $139000 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, TO COVER THE COST
OF A FULL PAGE ADVERTISEMENT ON MIAMI TO BE
PUBLISHED IN JET MAGAZINE.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner Demetrio J. Perez, Jr.
42. FORMALIZING RESOLUTION: ALLOCATE $12,500 IN SUPPORT OF
CONFERENCE ENTITLED "THE FUTURE OF URBAN AMERICA:
CHALLENGES AND OPPORTUNITIES"
------------------------------------------------------------
Mayor Ferre: We are on Agenda Item 34.
Mr. Dawkins: Move it.
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Oh, by the way, there
needs to be a correction. Is this the one with Eduardo
Padron?
ld
f ill
February 28, 1985
9 9
Mr. Dawkins: Yes.
Mayor Ferre: Let the record reflect that evidently March
+
16th - Dr. Padron says that he needs to extend it because
_
onlyone Mayor can be here and if we extend it to another
timwe might be able to get more Mayors. So, we will leave
x
the date open, all right? He can give us alternate .. . I
am sorry. Further discussion? As amended - Miller moves,
right?
Mr. Dawkins: Yes.
Mayor Ferre: Seconded by Plummer. Further discussion, call
the roll.
'
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-197
A RESOLUTION ALLOCATING AN AMOUNT NOT TO
EXCEED $129500 FROM SPECIAL PROGRAMS AND
ACCOUNTS, CONTINGENT FUND, IN SUPPORT OF A
CONFERENCE, ENTITLED "THE FUTURE OF URBAN
r W
AMERICA: CHALLENGES AND OPPORTUNITIES".
SPONSORED BY MIAMI DADE COMMUNITY COLLEGE,
TO BE HELD IN THE NEAR FUTURE; SAID
ALLOCATION BEING CONDITIONED UPON
r
SUBSTANTIAL COMPLIANCE WITH THE CITY OF
MIAMI ADMINISTRATIVE POLICY N0. APM-1-84,
DATED JANUARY 24, 1984.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote-
°M
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
-
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
Commissioner Demetrio J. Perez, Jr.
43. EMERGENCY ORDINANCE: AMEND SEC. 54-100 OF THE CODE
} DELETE REFERENCE TO FLAGLER STREET OVERLAY DISTRICT -
'''' RESTAURANT ARCADES, ETC.
Mayor Ferre: Agenda Item 29.
Mr. Rosencrantz: It has to do with the arcades downtown.
Mr. Dawkins: Move it.
Mr. Plummer: Whoa! I saw Mr. Gort here. Mr. Gort, the
thing that bothers me with this, Agenda Item 29 has to be
done before you can approve 35, okay? My concern is, I
don't know who Rock Industries is, but are we doing this on
an individual basis only?
Mr. Roy Kenzie: Yes, each one will be done individually.
This is the first one.
ld 109 February 28, 1985
9 0
Mr. Plummer: Do I have a plan showing what they are
proposing to do?
Mr. Kenzie: Yes, we have a plan.
Mr. Plummer: Where is it?
Mr. Kenzie: Do you have the plans? They have it over there.
Mr. Plummer: Okay, Roy, let me tell you what my problem is.
We approved a sidewalk cafe up here in the Grove. All
right, the problem is that their tables are too big and they
did not want the safety of their people out toward the
street and they have made it very difficult for pedestrians
to pass on that very, very, busy sidewalk.
Mr. Kenzie: We have those sidewalks downtown - very
specific guidelines for the sidewalks.
Mr. Plummer: Well, I'd like to see the plan and something
that I can hold this ...
Mr. Kenzie: This plan deals with the 2nd level.
Mr. Plummer: I understand that sir, but I would still like
to see the plan.
Mayor Ferre: Roy, what does this 29 do? Explain to me for
the record. It is a lease - Flagler Street ...
Mr. Kenzie: A year ago we came to the Commission and we
wanted to do restaurant arcades on Flagler Street following
from the Flagler Street study and the Commission instructed
the staff to do two things - one, is to get the state road
designation removed from Flagler Street, and two, to move
forward on the restaurant arcade. At that time we talked
about a special overlay district for Flagler Street. That
would have done the cafes and the ordinances.
Mayor Ferre: Does this go in with Nat Rock?
Mr. Kenzie: Nathan Rock is doing it. In order to
accomplish that ...
Mayor Ferre: Well, what is wrong with it?
Mr. Plummer: Nothing, I am just asking.
Mr. Kenzie: In order to that - originally, we said we were
going to have an overlay district. We are not going to do
it that way. We are going to establish specific boundaries
for this - so 29 removes that.
Mayor Ferre: All right, is there a motion?
Mr. Plummer: No, no, question. This item on the agenda - I
question why, on Item 35, you have put in here are revocable
permit, when the structure is permanent.
Mr. Kenzie: The understanding of the applicant is, that it
would be removed at the request of the City.
Mrs. Dougherty: It is on property property.
Mr. Plummer: You are talking about all of this - this
concrete and mortar?
Mr. Kenzie: No, just a thin concrete border and a glass
greenhouse sitting on top, yes.
ld 110 February 28, 1985
ILJ
Mrs. Dougherty: It has to be that way, J. L., It is on
public right of way.
Mayor Ferre: Yes, that was the big fight that we finally
... they didn't want to concede, but we won that - we can do
it.
Mr. Plummer: Okay, the next question is, what is he doing
for the City in return for using public right of way?
Mr. Kenzie: Okay, he is filling the lay bys in front of his
property and the two lay bys adjacent to it.
Mr. Plummer: What is a lay by?
Mr. Kenzie: A lay by is a ... right now the street curves
in for parking and he is filling that in and they will be
providing cafes along that edge.
Mr. Plummer: But that is for his benefit!
Mr. Kenzie: That is also ... when the Flagler Street study
was done, we requested that the lay bys along that street in
certain areas be filled in. And we also wanted to establish
restaurants on Flagler Street and this provides for that.
Mayor Ferre: Listen, J. L. ...
Mr. Plummer: Hey, I want it Maurice, okay, but I want to
know what we, the City, are getting out of this thing. He
is using public right of way. The permit fee, by the way
has not been established. Now, do you want me to establish
the permit fee at $25,000?
Mr. Kenzie: No.
Mr. Plummer: Well, it's blank.
Mr. Kenzie: No, I know. We put it at $$2,500.
Mr. Plummer: That is fine, but you have got to fill in the
blanks, okay? That is Number one.
Mayor Ferre: Let me just say that we are very fortunate that
there is someone, and off the crazy, it is Nat Rock - as
long as he is spending millions of dollars that he is going
to spend to improve those properties and anything he wants,
I am willing to vote for.
Mr. Plummer: Mr. Mayor, I agree with that except on public
right of ways. On public right of ways, the City is
entitled to some remuneration. Now, whether it is, what - I
don't know!
Mr. Kenzie: We can't charge like rent for it, because there
is a legal ...
Mr. Plummer: I am not talking about rent.
Mayor Ferre: We are going to charge something called taxes.
Mr. Plummer: What are we going to do in return for ...
look, Cable Company pays us a fee. Telephone Company for
use of public right of way pays us a fee. All of those
people ...
Mr. Carollo: Newspaper racks.
Mr. Plummer:
What? Newspaper racks
pay us a fee,
we hope.
ld
111
February
28, 1985
Mr. Kenzie: Okay. In order for him to do this specific -
the Flagler street study requested that we develop and
suggest that we develop restaurant arcades because we don't
have restaurants at Flagler Street. In order to do that, we
went to Rock and asked him if he would be willing to change
his plans and do this as the first one. He agreed. It cost
him $80,000 to relocate utilities underneath the sidewalk
out into the street so he accomplish this. It cost another
$40,000 to put in the lay bys so the foundation could down
to do it.
Mr. Plummer: What?
Mr. Kenzie: Where the loading zones are.
Mr. Plummer: That is in the back?
Mayor Ferre: The lay bys ...
Mr. Kenzie: A lay by is a loading zone.
(INAUDIBLE BACKGROUND COMMENTS)
Mr. Dawkins: A lay by is thing we are going to grow black
olive trees and then transplant!
Mr. Plummer: Look, you know, I am catching hell up here,
okay? Give me a dollar a year and I can say that for the
public right of way the City got something.
Mayor Ferre: Plummer - "as amended" means it will be for
$1.00 a year.
Mr. Plummer: That is fine.
Mayor Ferre:
Eli,
is
that
all
right?
Mr. Plummer:
How
much
is
the
bond?
Mr, Kenzie: I am not sure. He has a whole bunch of
requirements in the permit in terms of insurance and bonding
and so on.
Mr. Plummer: The City Attorney's office is saying you have
got to fill in these blanks.
Mr. Kenzie: Right.
Mr. Plummer:
Mr. Kenzie:
Mayor Ferre:
Mr. Kenzie:
$2,500.
Mayor Ferre:
Mr. Plummer:
Fill them in.
The bonds should be initially $10,000.
You guys are really prepared, you know that?
The bonds will be $10,000 and the fee should be
What else you got?
I move Agenda Item 29.
Mayor Ferre: As amended.
Mr. Plummer: As amended. No amendment.
Mrs. Dougherty: 29 requires no amendment.
Mr. Plummer: That is just to resist the prohibition.
ld
112
February 28, 1985
Mayor Ferre: Is there a second?
Mr. Carollo: Second.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN EMERGENCY ORDINANCE AMENDING SECTION
54-100 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO DELETE REFERENCE
TO A FLAGLER STREET OVERLAY DISTRICT AND
ADD BOUNDARIES ALONG FLAGLER STREET
WITHIN WHICH RESTAURANT ARCADES MAY BE
PERMITTED; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Was introduced by Commissioner Plummer and seconded by
Commissioner Carollo, for adoption as an emergency measure
and dispensing with the requirement of reading same on two
separate days, which was agreed to by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Whereupon the Commission on motion of Commissioner
Plummer and seconded by Commissioner Carollo, adopted said
ordinance by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
SAID ORDINANCE WAS DESIGNATED ORDINANCE NO. 9962.
The City Attorney read the ordinance into the public
record and announced that copies were available to the
members of the City Commission and to the public.
w�
------------------------------------------------- -----------
,
43.1 AUTHORIZE REVOCABLE PERMIT TO FLAGLER STATION LTD.
RESTAURANT ARCADE AT KRESS CENTER.
c
3 J
„$
------- -------------------------- -------------------------- -
Mr. Plummer: I move Agenda Item 35 as amended and the
x
blanks filled in.
Mr. Dawkins: Second.
Mayor Ferre: Is there further discussion? Call the roll on
Agenda Item 35.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
ld 113 February 28, 1985
RESOLUTION NO. 85-198
A RESOLUTION AUTHORIZING AND INSTRUCTING
THE CITY MANAGER TO ISSUE A REVOCABLE
PERMIT, SUBSTANTIALLY IN THE FORM
ATTACHED, TO FLAGLER STATION LTD, TO
PERMIT THE CONSTRUCTION AND OPERATION OF
A RESTAURANT ARCADE ON AND OVER THE
PUBLIC RIGHT OF WAY ADJACENT TO THE
FLAGLER STATION PROJECT AT 48 EAST
FLAGLER STREET, MIAMI, FLORIDA; PROVIDED
THAT THE PLANS BE APPROVED BY THE CITY
ADMINISTRATION IN ACCORDANCE WITH CITY
CODE SECTION 2-95.
(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.
44. SECOND READING ORDINANCE: AMEND ART. 28 MAJOR USE
SPECIAL PERMITS DELETE SUBSECTIONS 2802.29 2802.2.19
2802.2.29 AND 2802.2.3.
Mayor Ferre: All right, Agenda Item 17 - second reading.
Is there any problem with that? Anybody have any problem
with Agenda Item 17? Anybody who wishes to speak on Item
17? All right, is there a motion?
Mr. Plummer: Move it.
Mayor Ferre: Is there a second?
Mr. Perez: Second.
Mayor Ferre: Perez seconds. Read the ordinance.
AN ORDINANCE -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO, 95009 THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 28, "MAJOR USE SPECIAL
ri
PERMITS: DETAIL REQUIREMENTS," BY
CLARIFYING LANGUAGE IN SECTION 2800
_
ENTITLED "INTENT" AND REVISING
SUBSECTION 2802.1 TO CLARIFY THE PRE -
APPLICATION CONFERENCE, BY DELETING
SUBSECTIONS 2802.29 2802.2.11 2802.2.21
AND RENUMBERING EXISTING SUBSECTIONS
2802.3 THROUGH 2802.4, AND AMENDING
''.
NEWLY RENUMBERED AND EXISTING
`Fr
SUBSECTIONS 2802.2 THROUGH SECTION 2806
TO ABOLISH PRELIMINARY APPLICATIONS AND
ld 114 February 28, 1985
ID
CLARIFY THE APPLICATION PROCESS;
FURTHER, BY AMENDING THE OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS: PAGE
39 RO-10 RO-29 RO-2.19 RO-31 RO-49
RESIDENTIAL OFFICE, TRANSITIONAL USES,
STRUCTURES AND REQUIREMENTS, TO PROVIDE
NEW TRANSITIONAL REQUIREMENTS AND
LIMITATIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
December 20, 1984, 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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9963•
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.
-------------------------------------------------------------
45. SECOND READING ORDINANCE: AMEND ARTICLE 28 SPECIAL USE
PERMITS - ZONING BOARD TO MAKE RECOMMENDATIONS IN
REZONINGS, VARIANCES & SPECIAL EXCEPTIONS ASSOCIATED
WITH MAJOR USE SPECIAL PERMITS.
------------------------------------------------------------
Mr. Plummer: Move Agenda Item 18.
Mayor Ferre: Plummer moves 18. Is there a second? Is
there a second to 18?
Mr. Perez: Second.
Mayor Ferre: Second by Perez. Further discussion?
Mr. Plummer: Is there anyone in the public that wishes to
discuss Item 18?
Mayor Ferre: All right, there being none, read the
ordinance.
THEREUPON, The City Attorney read the ordinance into the
public record.
Mr. Plummer: Under discussion, does this take care the
problems the Commission had about denial on a special
permit?
Mrs. Dougherty: This changes the procedure that the
Commodore Bay Plaza had in that ... remember when we said
that because it was a special permit the rezoning would then
only have to go to the Planning Board. In this case, if
this is amended, it would definitely have to go to the
Zoning Board.
ld 115 February 28, 1985
Mr. Plummer: What about to this Commission?
Mrs. Dougherty: Yes, of course.
Mr. Plummer: Okay, in other words, that problem is
r
resolved. i
Mrs. Dougherty: It is clarified. I don't know if ... r
Mr. Plummer: Call the roll.
Mayor Ferre: Call the roll.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE NO. 95009 AS AMENDED, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 28 ENTITLED
"MAJOR" USE SPECIAL PERMITS: DETAILED
REQUIREMENTS" TO PROVIDE THAT THE ZONING
BOARD, INSTEAD OF THE PLANNING ADVISORY
BOARD, WILL MAKE RECOMMENDATIONS IN
REZONINGS, VARIANCES AND SPECIAL
EXCEPTIONS ASSOCIATED WITH MAJOR USE
SPECIAL PERMITS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
passed on its first reading by title at the meeting of
December 209 1984, 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 J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9964.
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.
------------------------------------------------------
46. FIRST READING ORDINANCE: AMEND ARTICLE 6 PD-H PLANNED
DEVELOPMENT HOUSING DISTRICTS, ARTICLE 129 PD-MU, ART.
15 SPECIAL PUBLIC INTEREST DISTRICTS, ETC.
------------------------------------------------------------
Mayor Ferre: Agenda Item 20.
Mr. Rodriguez: It is the wild animal amendment.
Mayor Ferre: We have got to let Carollo do that. That is
Carollo's special. (LAUGHTER)
Mr. Plummer: What about the non-poisonous?
Mayor Ferre: Don't you remember the wild animals in Coconut
Grove?
ld 116 February 28, 1985
Mr. Plummer: What about the non-poisonous animals that we
are all so concerned about?
Mr. Rodriguez: Let me ask Cathy Swanson from my staff to go
through that if you want to.
Mr. Plummer: Kathy? What about the non-poisonous animals?
Ms. Cathy Swanson: Such as ...?
Mr. Plummer: Such as a lion is not a poisonous animal.
Ms. Swanson: Well, we are dealing with Class II wild
animals. Class I wild animals ...
Mayor Ferre: What is a Class I wild ... oh, I know a couple
of Class I wild animals!
Mr. Plummer: Oh, yes, Ferre has whole bunch of them behind
that fence of his new house!
Mayor Ferre: Now tell me what a Class I wild animal is.
Ms. Swanson: I believe it is in your packet. The Class I
wild animals would include lions and tigers and hippopotami.
Mayor Ferre: I can have those, right?
Ms. Swanson: No, you can'ti
Mayor Ferre: Can I have a Class II wild animal?
Ms. Swanson: Currently the State of Florida prohibits
anyone from keeping a Class I wild animal in those
residential areas.
Mayor Ferre: What is a Class II wild animal?
Ms. Swanson: Class II wild animals are howler monkeys,
wallabys, cheetahs. They are not regulated by the State
of Florida, except for caging rights.
Mayor Ferre: So I can have a cheetah in my house and a
wallaby and a kangaroo and all of that?
Ms. Swanson: I am not sure about a kangaroo, but the other
two you can have. Citizens of Miami have been concerned
about that and they have come to the Planning Department and
they have also gone to the paper.
Mayor Ferre: Is this the one that came out of Mr. Ericson.
The guy that had the 20 foot high fence with all the animals
next to Gene Hancock's house?
Mrs. Joanne Holshauser: Mr. Douglas Ericson's house.
Mayor Ferre: Doug Ericson.
Mr. Carollo: Yes, friends with Sunshine State Bank people.
Mr. Plummer: We don't have a Class I here. What about the
elephants and ...
Mayor Ferre: Yes, let's go.
Ms. Swanson: They are already prohibited.
Mayor Ferre: We had enough fun with this one. Let's go and
have fun with another one.
ld 117 February 2$, 1985
Mr. Carollo: Well, is this going to prohibit anyone from
bringing in all the animals that those people had?
Ms. Swanson: What the amendment would require is that if
somebody did want to keep a Class II wild animal, it would
go before a public hearing - first at the Zoning Board and
then at the Commission - as an information point, and also
so that residents nearby could be aware that such an animals
was being kept and also that they could give their opinion
to the Commission.
Mr. Plummer: And also Joe, they can only have one.
Ms. Swanson: Excuse me - one or more, so that the
Commission would determine ...
Mr. Plummer: What I read there said one per residence.
Ms. Swanson: If you read the ..
Mr. Carollo: But we have to give the final approval, right?
Ms. Swanson: Yes, sir.
Mr. Carollo: To make sure that Scarface gets a copy after
this is passed.
Mayor Ferre: Okay, what is a ... there is something that I
wanted to find out about it, because I never heard it. Are
we ready to vote on this?
Ms. Holshauser: No, wait.
Mayor Ferre: All right, who moves this?
Ms. Holshauser: Please, sir.
Mayor Ferre: You want to be heard?
Ms. Holshauser: Yes, Joanne Holshauser, 4230 Ingraham
Highway. I am President of the Coconut Grove Civic Club.
Mayor Ferre: You got Class II wild animals?
Ms. Holshauser: I have an airedale, whatever class that is!
Mayor Ferre: Are you opposed to Class II wild animals?
Mr. Plummer: Joanne, it does not include two legged, so
don't worry!
Mrs. Holshauser: I am for it, seriously. I want to thank
the Department and everyone else. This has been months and
months and a lot of work and some of it has not been
pleasant, but there is one little problem. Does it
stipulate birds, because I can tell you that one block away
from this place, there are certain times of the morning and
evening when the screams and cries of those birds - now I
don't know what they are doing, and I don't know what they
are yelling, but it gets really loud!
Mr. Carollo: You don't live near the Miami Herald, do you?
Mr. Plummer: We appoint you as a committee of one to go out
and make a full report to this Commission.
Mayor Ferre: It does not include birds!
Mrs. Holshauser: Does it include birds?
Id 118 February 28, 1985
11
Mayor Ferre: No.
Ms. Swanson: No, I am sorry, we were only dealing with
Class II wild animals.
Mr. Plummer: Class II animals, Joanne.
Mayor Ferre: Those birds that scream are flying, did you
notice?
Mrs. Holshauser: No, they are not flying. They are in that
yard.
Mayor Ferre: Well, the ones I hear screaming are flying all
over the place!
Ms. Holshauser: Yes, there are some peacocks that land in
our yard sometimes, but seriously, from the beginning, this
complaint did include in the information that there were
birds and it really does need to be added - birds.
Mr. Carollo: Come to think of it, there are a lot of these
wild birds in our area - and a duck landed in my pool the
other day.
Mr. Plummer: A duck???
Mr. Carollo: I sent him down your way, Maurice. Don't
worry.
Ms. Holshauser: We would appreciate it if you would pass
this today, but if you could look further into the fact that
some of the birds really do make a lot of noise.
Mayor Ferre: What is a macaque?
Ms. Holshauser: That is a monkey.
Mayor Ferre: Is that what that is?
Ms. Swanson: I am not well versed enough to tell you
exactly what all these animals are.
Mayor Ferre: It is a monkey? Once we take care of the
little noise that something called the rapid transit system
makes, then we will worry about parrots and things like
that. Okay?
Ms. Swanson: I neglected to say also that the Blue Ribbon
Committee reviewed this; had no problems with it except they
also wanted us to include poisonous reptiles, which were not
originally included.
Mayor Ferre: Are they included here?
Ms. Swanson: Yes, sir.
Mayor Ferre: All right, is there a motion?
Mr. Carollo: I move we approve this on first reading.
Mrs. Holhauser: Thank you very much.
Mayor Ferre: Is there a second?
Mr. Plummer: Oh, for sure!
Mayor Ferre: Further discussion? Read the ordinance.
Id
119
February 28, 1985
Mrs. Dougherty: Let the record reflect that poisonous
reptiles would be included.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NUMBER
95009 THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA BY AMENDING PAGES 1
THROUGH 6 OF OFFICIAL SCHEDULE OF
DISTRICT REGULATIONS MADE A PART THEREOF
UNDER ACCESSORY USES AND STRUCTURES IN
THE RS-1, 2, 3; RG-2.2, RO-11 CR, CG,
WF-19 WF-R DISTRICTS BY PROVIDING FOR
RESTRICTIONS ON TYPES, QUANTITIES AND
LOCATION OF SPECIFIED WILD ANIMALS AND
REPTILES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
Was introduced by Commissioner Carollo and seconded by
Commissioner Plummer and was passed on its first reading by
title by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
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.
47. FIRST READING ORDINANCE: AMENDMENT L ORD 9500 OFFICIAL
SCHEDULE OF DISTRICT REGULATIONS.
Mayor Ferre: We are now on Item 21 and for the record, I
have a letter here from Goldie Goldstein to all of us. It
says:
"As you may have noticed, Saul and I were present
at your January Commission meeting representing the
soon to be opened Grove Gate Bank. I serve as a
member of the Board of Directors and am becoming
quite concerned over the fact that Amendment L ..."
Hey, J. L., this is addressed to you too, so ... this
is from Goldy Goldstein, okay?
had to be carried over from the January meeting
which would very well cause a delay in the opening
of the bank. I therefore call your attention to
Agenda item 21, February 28th Commission meeting
agenda. This is a non -controversial Planning
Department item, Amendment L, which is a carry over
item from last month's meeting. This is important
dY
to Grove Gate Bank, which will soon open on 27th
Avenue, U. S. 1, because State Law mandates that we
open for business within a fixed time. We cannot
�
accomplish this without Commission's action on this
item, so we certainly appreciate your help in
having this non -controversial item acted upon by
.a;
the Commission on January 28th. With warm personal
regards, Goldy R. Goldstein"
ld 120 February 28, 1985
R711"
And you are her son. You are not her son? There is her
son. Okay.
Unidentified Speaker: For the amendment.
. Goldstein,
Mayor Ferre: You are for it. Mr.
are you
opposed? No? You are not opposed? Anybody else?
Anybody
wish to speak to this item - Item "Ll'? Are you
for it?
Eloise, you are in favor? All right, is there a motion
to
deny? (LAUGHTER!) Who moves it?
Mr. Carollo: Moved.
Mayor Ferre: Carollo moves. Perez seconds.
Further
discussion? Read the ordinance.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING THE TEXT OF
ORDINANCE 9500, THE ZONING ORDINANCE OF
THE CITY OF MIAMI9 FLORIDA, BY AMENDING
THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS PAGE 4, CR DISTRICTS,
TRANSITIONAL USES, STRUCTURES AND
REQUIREMENTS ON PAGE 51 CG-11 GENERAL
COMMERCIAL DISTRICTS UNDER TRANSITIONAL
USES, STRUCTURES AND REQUIREMENTS BY
ESTABLISHING A TRANSITIONAL USE AREA AND
MINIMUM LANDSCAPED AREA REQUIREMENTS,
PAGE 59 CBD-1 DISTRICT UNDER PRINCIPAL
USES AND STRUCTURES, PERMISSIBLE ONLY BY
SPECIAL PERMIT BY ESTABLISHING ISSUANCE
AND REVOCABLE DATES FOR INTERIM PARKING
yiw
LOTS, CLASS B SPECIAL PERMITS AND
SUBJECTING SUCH LOTS TO THE CITY OF
MIAMI GUIDES AND STANDARDS FOR THE
OFFSTREET PARKING FACILITIES, CONTAINING
A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
Was introduced by Commissioner Perez and seconded by
Commissioner and was passed on its first reading
by title
by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
The City Attorney read the ordinance into the public
0
record and announced that copies were available to the
members of the City Commission and to the public.
------------------
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
5.' 11 °,i
48. DISCUSSION OF PROPOSED DADE COUNTY SHORELINE DEVELOPMENT
REVIEW ORDINANCE OPPOSING.
A
------------------ -------------------------
Mayor Ferre: Let's do Agenda item 28.
Id 121 February 28, 1985
Mr. Walter Pierce: Mr. Mayor and members of the Commission,
Dade County has proposed to enact an ordinance entitled
Shoreline Development Review Ordinance. The City Staff has
been consistently objecting to this ordinance and the
Commission has on one occasion passed a motion opposing that
ordinance. We would like to get the City Commission today
to again vote its opposition. Before you is a resolution
which is marked number 28 which in effect expresses the City
of Miami's support of the goals and objectives of the Dade
County Shoreline Ordinance, but at the same time, opposes
the present format of that ordinance and it urges the County
Commission to reject the ordinance and to then allow the
City of Miami and other cities to work with County staff to
develop an alternative format, one that would not be
intrusive upon the City's zoning authority and one that
would also hopefully not add an additional layer of
government review for development projects located along
Biscayne Bay Shoreline.
Mr. Plummer: So moved.
Mr. Perez: Second.
Mr. Plummer: We moved that ...
Mr. Ongie: Mr. Plummer moved it.
Mr. Carollo: Plummer moved it, Perez seconded it?
Mr. Ongie: Correct.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-199
A RESOLUTION EXPRESSING THE CITY OF
ti MIAMI'S SUPPORT OF THE GOALS AND
't OBJECTIVES OF THE PROPOSED DADE COUNTY
SHORELINE DEVELOPMENT REVIEW ORDINANCE,
BUT OBJECTING TO THE PROPOSED METHOD AND
MEANS OF IMPLEMENTATION OF THE PROPOSED
ORDINANCE; FURTHER, URGING THE DADE
COUNTY BOARD OF COUNTY COMMISSIONERS TO
REJECT THE PROPOSED ORDINANCE IN ITS
f PRESENT FORMAT; AND OFFERING THE CITY OF
MIAMI'S FULL AND COMPLETE COOPERATION
3r� AND ASSISTANCE IN DEVELOPING AN
ALTERNATIVE ORDINANCE THAT WOULD
ACCOMPLISH THE SAME GOALS AND OBJECTIVES
xr AS STATED IN THE PROPOSED ORDINANCE.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, the
z resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
s Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
�r
NOES: None.
ABSENT: None.
ld 122 February 289 1985
Mayor Ferre: Now, when is this coming up before the
Commission?
Mr. Pierce: That was my next point. We would like to ask
that you be present on March 5th.
Mayor Ferre: Well, I think you should ask all members of
the Commission.
Mr. Pierce: Well, we would like all members, but
specifically the Mayor, because other cities are asking that
the main elected official to appear. We would like all of
you there to speak against the ordinance and we will be
giving you all of the March 5th, which is next Tuesday.
Mayor Ferre: Is this March 5th?
Mr. Pierce: March 5th, which is next Tuesday.
Mayor Ferre: Would you make sure that my office is told?
This is to oppose the County Commission - against the
shoreline.
--------------------------------------------------------
49. DISCUSSION: SUPERBOWL COMMITTEE - COUNTY WANTS JOINT
MEETINGS WITH CITY TO DISCUSS AREAS OF MUTUAL
CONCERN.
Mr. Carollo: While meeting with the Superbowl Committee
yesterday, Mayor Clark asked me to ask the Commission to see
if we could take a couple days from the last week of March
that we could hold a joint meeting with the Dade County
Commission to try to ...
Mayor Ferre: Is this on Santeria or what?
Mr. Carollo: No, not Santeria. They don't want any more
chickens to be lost - the roosters, rather! This will be on
the differences of opinions that we have had, since as
monies for the Orange Bowl and a couple of other matters.
Mayor Ferre: Well you need to pick a day.
Mr. Carollo: Well, if we could pick a couple of days in the
last week of March, they wanted.
Mayor Ferre: How about the 27th?
Mr. Plummer: No, no. Make it the 26th.
Mr. Carollo: The 26th?
Mr. Plummer: Yes.
Mr. Carollo: They asked you to pick a couple of days.
Mayor Ferre: How about the 30th or the 29th?
Mr. Carollo: 26th and 29th?
Mayor Ferre: Now, we have to have an agenda, before.
Mr. Carollo: Sure, we will make sure we have an agenda and
the City staff works with them on the agenda we are going to
have.
ld 123 February 28, 1985
4 1
Mayor Ferre: Well, we have to have input on that. Is Clark
Merrill around? I gave a list of about 20 things I wanted
on that agenda. Has he been working with you, Lucia?
Mrs. Dougherty: He sent me a copy of the list.
Mayor Ferre: I think that list has to be circulated to the
members of the Commission to see if they have any additions
or deletions.
50. FIRST READING ORDINANCE: ESTABLISH NEW CAPITAL
IMPROVEMENT PROJECT BAYFRONT PARR REDEVELOPMENT UDAG,
APPROPRIATE FED FUNDS, $6,013,000.
Mayor Ferre: We are on Agenda Item 30. Plummer moves Item
30, Carollo seconds. Read the ordinance, please.
AN ORDINANCE ENTITLED -
AN ORDINANCE AMENDING ORDINANCE NUMBER
9939, ADOPTED DECEMBER 20, 19840 THE
CAPITAL IMPROVEMENTS APPROPRIATIONS
ORDINANCE, BY INCREASING THE FUNDING FOR
THE BAYFRONT PARK REDEVELOPMENT PROJECT
IN THE AMOUNT OF $69013,000 IN
APPROPRIATIONS OF FEDERAL FUNDS FOR THE
SAME, CONTAINING A REPEALER PROVISION
AND 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.
51.AUTHORIZE AGREEMENT — HAITIAN TASK FORCE TO CONTINUE
IMPLEMENTATION OF NEIGHBORHOOD ECONOMIC DEVELOPMENT
PROGRAM.
------------------------------------------------------------
Mayor Ferre: Agenda item 36 - this is the Haitian Task
Force. Manager recommends. Plummer moves. Is there a
second?
Mr. Dawkins: Second.
Mayor Ferre: Dawkins seconds. Further discussion on 36?
Call the roll.
ld 124 February 28, 1985
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-200
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE
HAITIAN TASK FORCE, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR AN AMOUNT NOT
TO EXCEED $37,750 TO CONTINUE THE
IMPLEMENTATION OF A NEIGHBORHOOD
ECONOMIC DEVELOPMENT PROGRAM, WITH FUNDS
ALLOCATED THEREFOR 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 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.
-------------------------------------------------------------
52. AGREEMENT - CHESAPEAKE GROUP INC. MARKET FEASIBILITY
STUDY BUSINESS EXPANSION & COMMERCIAL OPPORTUNITIES IN
WYNWOOD AREA.
Mr. Carollo: I move Agenda item 37.
Mr. Dawkins: Second.
Mayor Ferre: Who is the Chesapeake Group anyway?
Mr. Dawkins: That is the guy for the Wynwood area - to
develop an area in the Wynwood area.
Ms. Gallogly: It is a consultant firm out of Baltimore,
Maryland that will be required to set up an office here in
Miami before the contract begins. They have several years of
experience in doing market studies in the Miami area.
Mayor Ferre: How was it chosen, Charlotte?
Ms. Gallogly: There was an R.F.P. There were three
bidders.
Mayor Ferre: A committee selected?
Ms. Gallogly: Yes, and there is a locally based merchant
committee along with City staff that selected them.
Mayor Ferre: Who was the Chairman of the committee?
Ms. Gallogly: Helen Pell, who is the Chairman of the
Biscayne-Wynwood Chamber of Commerce.
Mayor Ferre: Okay, ready to vote?
ld 125 February 28, 1985
Mr. Plummer: Where there any local firms that submitted?
Ms. Gallogly: There was Hammer, Siler & George and Spier
Harrison.
Mr. Plummer: What was the difference in cost between the
.:.
local firm and the out of town firm?
Ms. Gallogly: There was not a difference in cost. The
R.F.P. clearly said that there was $20,000 available for the
study, so that th selection was based on the qualifications
of the firm, and the work programs they had established to
J,
do the market study for Wynwood.
Mr. Plummer: And the committee felt that the out of town
firm was far superior to the local firm?
Ms. Gallogly: Yes, as a matter of fact, the scores reflect
that. The Chesapeake Group scored 97 points. Hammer, Siler
& George and Spier Harrison was 145. They were superior in
terms of their working knowledge of the Miami market.
Mr. Plummer: All right.
Mayor Ferre: Are we ready? Call the roll on 37.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
}'
RESOLUTION NO. 85-201
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT FOR
THE PROFESSIONAL SERVICES IN AN AMOUNT
'
NOT TO EXCEED $209000 WITH THE
CONSULTING FIRM OF THE CHESAPEAKE GROUP,
INC., IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE PURPOSE OF CONDUCTING
A MARKET ANALYSIS FEASIBILITY STUDY TO
DETERMINE THE POTENTIAL BUSINESS
EXPANSION AND COMMERCIAL OPPORTUNITIES
IN THE WYNWOOD COMMERCIAL AREA;
ALLOCATING FUNDING THEREFOR FROM 10TH
-:.
YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
Y,
FUNDS.
£' (Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Dawkins, the
..� resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
x; Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
ld 126 February 28, 1985
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
53. DISCUSS' )N AND DEFERRAL: USE OF GL^ HOUSE
r' IN PEACL�:K PARK.
Mayor Ferre: Is this the Glass House in Peacock Park? All
right Joanne, go ahead on Item 38.
Ms. Joanne Holshauser: I was going to read you what it says
in the packet and someone just walked off with the packet,
but if you will look in front of you, it does stipulate that
by your orders they were to consult with the Chamber of
Commerce and other groups.
Mayor Ferre: Have they?
Ms. Holshauser: No, they have not! And I would like to put
it on the record at this time that at the time the proposal
was made to you, someone got up and said that this had been
discussed with me. It never was discussed with me and I
resent somebody saying it.
Mayor Ferre: Okay, okay, fair is fair. I ask that this be
continued until those known civic organizations - I think
there are only three, aren't there?
Ms. Holshauser: Well, it becomes a problem here, though,
Mayor, if I may say this - we are not arguing about who
should have it. We don't believe it should be done, that is
the point, and so it is not a matter of discussing how we
are going to divide up this particular building. Our
position is in a letter which I will hand to you. Our board
has taken a position on it. We don't think it is
appropriate for any organization to get that building.
Mayor Ferre: That is not the issue. The issue is before we
were to vote on this, the Administration was to talk to all
of the known established civic groups in Coconut Grove, of
which there are three or four, right?
Ms. Holshauser: At least!
Mayor
Ferre: Well, we can't have 50, but I mean, there is
.
Ms. Holshauser:
Well, I know, but I mean there are four,
r _
five,
six, seven, something like that - I don't know.
Mayor
Ferre: Whatever it is, they need to be advised - they
need
to be advised that this is coming to a discussion. We
have
to have a public hearing and then we vote on it, so I
y- -
ask
that the Administration withdraw this or move or
continue
it anyway you want and then bring it up after you
are done
that, Carl, please.
Mr. Carl Kern: Yes, sir, we will go ahead and meet with the
other groups. We are under the impression that the Chamber
was going to do that, but we will be glad to do that.
Mayor Ferre: No, sir, you were not listening. What
happened was, that we discussed that with the Chamber and we
all agreed. Then some of the civic clubs came in here and
complained that they didn't agree, so based on that, we
instructed you to come back and after you had discussed it
with the civic clubs and then have a public hearing
discussion on it and then this Commission in its majority
P� S•.Y would decide directions!
Mr. Kern: Yes, sir, we will have that on the next agenda.
We will meet with them before then.
Mr. Carollo: Can you make sure that everybody is told when
the next meeting will be for this, so that each group has
their representative?
ld 127 February 28, 1985
�J
h,-
Mr. Kern: Yes, sir.
- - - - -- --- - --- - -- - ------ -- -- --- - ---- - r--- ----------- -- --- -r --
5b. CONFIRM APPOINTMENT OF DAVID WEAVER TO OFF STREET
PARKING BOARD.
------------------------------------------------------------
Mayor Ferre: We are now on Agenda Item 39 which is
confirming the Off Street Parking Authority's
recommendation.
Mr. Carollo: Item 397
Mayor Ferre: All right, questions, comments?
Mr. Carollo: I make a motion that we don't confirm the
appointment.
Mayor Ferre: There is a motion on the floor that Mr. David
Weaver not be confirmed. Is there a second?
Mr. Perez: Second.
Mr. Carollo: There is a motion and a second.
Mayor Ferre: All right, this is on David Weaver.
Mr. Dawkins: Okay, move it.
Mayor Ferre: No, he has already moved against him.
Mr. Dawkins: Okay
Mayor Ferre: Call the roll.
MOTION FAILED Motion to deny appointment
of David Weaver to Off Street Parking Board
failed by the following vote:
AYES: Commissioner Demetrio Perez
Vice -Mayor Joe Carollo
NOES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre.
ABSENT: None
Mayor Ferre: Is there a motion for confirmation?
Mr. Dawkins: So moved.
Mr. Plummer: Second.
Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-202
A RESOLUTION CONFIRMING THE APPOINTMENT OF
DAVID WEAVER AS A MEMBER OF THE OFF-STREET
PARKING BOARD OF THE CITY OF MIAMI, FLORIDA
FOR A TERM EXPIRING ON DECEMBER 2, 1989.
(Here follows body of resolution, omitted here
Id
128
February 280 1985
lJ
and on file in the Office of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: Vice -Mayor Joe Carollo
ABSENT: None
Mr. Carollo: I would congratulate my appointment to the Off
Street Parking Board - Mr. Weaver. He never would have made
it without my support.
-------------------------------------------------------------
55. APPOINTMENT OF PERSONS TO LATIN QUARTER REVIEW BOARD.
Mayor Ferre: All right, we are on Agenda Item 40.
Mr. Sergio Rodriguez: Item 40 you have 10 members that you
appointed to the Latin Quarter Review Board, but now you
have to decide which one of these members are going to be
serving two years and which one will be serving one year and
which one will be the alternate. In your package you have
the names ...
Mayor Ferre: Okay, the recommendation here is, Nester says
Willie Bermello was chosen Chairman. Who chose them
Chairman? They did themselves?
Mr. Rodriguez:
Mayor Ferre:
Mr. Rodriguez:
too.
Mayor Ferre:
that right,
appointments?
Mr. Rodriguez:
Mr. Carollo:
They themselves.
And Robert Chisholm?
Has been chosen Vice -Chairman by the group
They ought to get the two year appointment, is
and then the rest are what, one year
Four members, which are two years ...
Who is up right now?
Mr. Rodriguez: You appointed all the names. You have to
decide which ones are two years, and which ones ...
Mayor Ferre: These are our appointments. Commissioner
Carollo, these are our appointments. The question is, who
are two year, and who are one year appointments? All I am
saying is, since Willy Bermello was chosen Chairman, and
Robert Chisholm was Vice -Chairman, that they ought to get
two year appointments. Now, I don't know who else gets two
year appointments.
Mr. Rodriguez: The other thing I want to correct is that
anyone of the five last names that you chose - Quesada,
Gomez, Lopez, Salines and Toledo could be the alternates.
Mayor Ferre; Could be what?
Mr. Rodriguez: Could the the alternate member.
ld 129 February 28, 1985
6 a
Mr. Carollo: We ought to draw to a head.
Mayor Ferre: We have to appoint nine people and one
alternate.
Mr. Rodriguez: Right.
Mayor Ferre: Nine, so that is perfect!
Mr. Rodriguez: What I am saying is, that the alternate
could be any one of the last five.
Mayor Ferre: I understand. Who do you want for a two year
term?
Mr. Carollo: Well, I think we ought to draw for whoever is
going to get the alternate.
Mr. Plummer: Wait a minute. I want to make the straws this
time!
Mr. Carollo: No, no.
Mr. Plummer: Carollo, quit reaching in your pockets!
(LAUGHTER)
Mr. Carollo: There is five, right?
Mr. Plummer: Why don't we get the old coffee can. Anybody
remember the coffee can? Nobody around here remembers the
coffee can? The one not marked is the alternate?
Mr. Dawkins: Yes.
Mr. Plummer: Marked with what?
Mr. Dawkins: With blood!
Mayor Ferre: I've got a one, what does that mean?
Mr. Carollo: It is marked.
Mr. Plummer: I got a one.
Mr. Dawkins: I got a one.
Mr. Plummer: Guess what, Joe?
Mr. Carollo: I got the alternate! Real fair.
Mr. Plummer: So be it.
Mr. Plummer: I'm saving it until next time!
Mayor Ferre: All right, I think Willy Bermello and Robert
Chisholm should get two year appointments. Is that
acceptable to everybody?
Mr. Dawkins:
Plummer got
a two year. You get a two year.
?;
Mayor Ferre:
It doesn't
matter. We have two more two year
='
appointments.
Would you
please choose?
'rs
Mr. Rodriguez:
The alternate is also for two years.
Mr. Dawkins:
Well, damn,
Plummer, you got for two
y ears.
ld 130 February 289 1985
N
Mayor Ferre: Well, what is the difference who has what? I
don't think you ought to look at the right hand side of this
thing. Just look at the people. Who do you want for two
years?
Mr. Plummer: Put mine on for one year, does that make you
happy?
Mayor Ferre: No, no. We ought to do it on individuals.
Who do you want for two years? You want Sabines, you want
Naranja? You want Salman, you want Pepe Gomez? Come one.
You want Lopez-Borjes?
Mr. Carollo: Yes.
Mr. Plummer: Fine.
Mayor Ferre: Mr. Lopez-Borjes for two years and Sabines for
two years. All right, what else do you got? For one?
Mr. Plummer: Everybody is one, with the exception of the
alternate.
Mayor Ferre: All right, who is the alternate, Carollo?
Mr. Carollo: Toledo would be the alternate.
Mr. Plummer: Orlando Toledo.
Mayor Ferre: Any relation to you? Orlando Toledo is the
alternate. So, in other words, the following are one year.
Is that all right, with you, Demetrio?
Mr. Perez: Yes.
Mayor Ferre: Julio Quesada, one year. Pablo Gomez, one
year. Orlando Naranjo, one year. Salmon, one year and
Sanchez, one year, okay?
Mr. Plummer: Are you happy now?
Mr. Dawkins: How many are for one year?
Mayor Ferre: Right here.
Mr. Dawkins: That is what I am talking about - the two guys
with nothing.
Mayor Ferre: I will repeat it one more time: Bermello, two
years; Chisholm, two years; Quesada, one year; Gomez, one
year; Lopex-Borjas, two years; Naranjo, one year; Sabines,
two years; Salman, one year; Sanchez, one year; and Toledo
fi.. is alternate. Dawkins moves, Perez seconds. Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-203
A RESOLUTION APPOINTING CERTAIN
INDIVIDUALS TO THE CITY OF MIAMI LATIN
QUARTER REVIEW BOARD.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote-
ld
131
February 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.
----------- ---------------------------
56.APPOINTHENT TO THE ZONING BOARD.
------------------------------------------------------------
Mayor Ferre: Carollo, your appointment to the Zoning Board?
Carollo and Perez have an appointment. Perez had Romero and
there is a vacancy. Perez, who are you going to name?
Mr. Perez: I want to make it the next Commission meeting?
Mayor Ferre: All right.
Mr. Carollo: Who has an appointment for the Zoning Board?
Mayor Ferre: You do.
Mr. Carollo: Is there another vacancy?
Mayor Ferre: There are two vacancies.
Mr. Carollo: Who are the people that applied?
Mayor Ferre: There they are. Renaldo Cruz ...
Mr. Carollo: All right, I will let Demetrio go first.
Mavor Ferre: I think he wants to readvertisel
Mr. Perez: I would like to schedule my appointment to make
in the next Commission meeting.
Mayor Ferre: Demetrio, look, we have had three people who
have applied Stuart Sorg, Renaldo Cruz, and Romero. Those
are the only three people that you can choose from unless
you readvertise and if once you choose Sorg, that leaves
Carollo the ability to choose between Cruz and Romero.
Mr. Carollo: No, that leaves me the opportunity to
readvertise then. (LAUGHTER)
Mr. Plummer: Would you like to draw a piece of paper?
Mr. Perez: I want to make an appointment of Alvaro Romero.
Mayor Ferre: Okay, is there a second?
r. Mr. Plummer: Second.
k. Mayor Ferre: Further discussion? Call the roll.
The following resolution was introduced by Commissioner
Perez, who moved its adoption:
RESOLUTION N0. 85-204
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS A MEMBER OF THE CITY ZONING BOARD TO
SERVE A FULL TERM EXPIRING DECEMBER 31,
1987.
ld 132 February 28, 1985
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
-----------------------------------------------------------
57. READVERTISE OTHER VACANT POSITIONS TO ZONING BOARD.
Mr. Carollo: I'd like to readvertise.
Mayor Ferre: There is a motion that the other vacancy not
be filled and that it be readvertised.
Mr. Dawkins: Second.
Mayor Ferre: Second, further discussion? Call the roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 85-205
A MOTION DIRECTING THE CITY MANAGER TO
READVERTISE FOR ONE VACANT POSITION IN
THE CITY OF MIAMI ZONING BOARD, WITHOUT
DISCARDING ANY OF THE APPLICATIONS WHICH
WERE RECEIVED AND WHICH ARE PRESENTLY ON
FILE.
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.
-------------------------------------------------------
58. REAPPOINT HERBERT LEE SIMON TO PLANNING ADVISORY BOARD.
DEFER OTHER TWO APPOINTMENTS TO HATER MEETING.
--------------------- -----•----------------------------------
Mayor Ferre: We are now on Agenda item 42, which is the
Miami Planning Board.
Mr. Carollo: Do we have any ...
ld 133 February 28, 1985
0 4
W 4:
Mayor Ferre: Yes, Plummer has Correa.
k' Mr. Plummer: What? No, that is my appointment.
Yid
t Mayor Ferre: Dawkins Has Simon. Perez' is vacant. Who is
Simon?
Mr. Dawkins: Herbert Lee Simon. I am going to reappoint
g'aY Herbert Simon.
Mayor Ferre: All right, Dawkins moves Herbert Lee Simon be
reappointed.
Mr. Carollo: What about Correa?
Mr. Plummer: No, that is mine, Joe. I am sorry, but I am
going to have to put it off until the next meeting to make
the appointment, Maurice. I don't have the name.
Mayor Ferre: Wait minute. Perez has one.
k Mr. Perez: Yes, I have one.
Mr. Carollo: Who do you have? There is a new vacancy.
Mr. Plummer: Wait a minute, no I've got a name and it is in
there.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: All right, so the only appointment we have now
a is Herbert Lee Simon. Moved by Dawkins, seconded by
Carollo. Further discussion? Call the roll.
t�\ The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-206
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS A MEMBER OF THE CITY PLANNING
m=ADVISORY BOARD TO SERVE A FULL TERM
EXPIRING DECEMBER 319 2987.
(Here follows body of resolution,
j omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Carollo, the
�k 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.
Mayor Ferre: Now, what do we do with the other two
vacancies?
Mr. Carollo: Readvertise?
Mr. Plummer: No I ... excuse me, I have no problem with
readvertising, but my secretary has the name of mine, and
she has gone home, so if you want to readvertise, it is fine
with me.
ld 134 February 28, 1985
Mayor Ferret It is your appointment, Plummer. If you have
a name ...
Mr. Plummer: I've got a name. I would appreciate it
putting it off until the next meeting.
Mayor Ferre: How about you, Demetrio, do you want to
readvertise.?
Mr. Perez: Yes, for the next Commission meeting.
Mr. Plummer: Put it off until the next meeting.
Mayor Ferre: Do you want to choose one of these or wait
until the next meeting? Let's not lose Simon. If you are
going to readvertise, let me know now.
Mr. Plummer: Nov no, put it on the 21st.
Mayor Ferre: Okay, motion by Plummer, seconded by Perez
that the remaining two openings be continued to the next
hearing.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-207
A MOTION TO DEFER CONSIDERATION OF TWO
APPOINTMENTS TO THE PLANNING ADVISORY
BOARD TO THE NEXT CITY COMMISSION
MEETING. Note for the Record: R-85-210
passed and adopted later this same
meeting appointed Mr. Jorge Pedraza to
the P.A.B., leaving only one vacant
position to be filled in said Board).
(Mr. Pedraza was Commissioner Plummer's
appointment).
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.
-59. DISCUSSION ITEMS: CITY MANAGER REPORTS OF FUNDS
REMAINING. CITY !MANAGER REPORTS OF TALK YITB STUART
SORG.
Mayor Ferre: Mr. Manager, do you have the figures yet from
the little box?
Mr. Plummer: The bread box!
Mr. Rosencrantz:
your attention.
There are two items I need to bring to
Id 135 February 28, 1985
0
0
Mayor Ferre: Why don't you first answer my question and
then you can go on your agenda.
Mr. Rosencrantz: Yes, but it will take me a moment to
explain this. We have appropriated this year in special
programs and accounts a total of $16,000000. That
appropriation is to be used for a large number of different
programs and activities. The process that has been followed
through the course of the past years within the City is to -
when we were not sure what funds were to be used for a
particular project for appropriation by the City Commission,
it is charged to the Special Programs and Accounts, and then
as the time came to have the particular cash readily
available, an appropriation would be transferred from other
accounts within the budget which were not used at that time
and which were available to be used for this particular
purpose. We estimate that of the $1690009000 that was
appropriated so far for this year in Special Programs and
Accounts, we have already spent $99200,000. We have
commitments to spend the remaining amount of that before the
end of the year.
Mayor Ferre: All right.
Mr. Rosencrantz: Okay, I have another item please.
Mayor Ferre: We don't need to vote on that?
Mr. Rosencrantz: No. I think you just asked for it as a
matter of information.
Mayor Ferre: Oh, I see, okay.
Mr. Dawkins: That was the information J. L. asked for,
Maurice.
Mr. Rosencrantz: No, I think he just asked for it as a
matter of information.
Mayor Ferre: Oh, I see, okay. Where do you want me to sign?
Mr. Perez: About Stuart Sorg's appointment ...
Mr. Rosencrantz: Yes, I met with Mr. Sorg during the lunch
break and he and I have reached an agreement and we will not
need to come back to the City Commission for action on what
he has suggesting. I will however, meet to talk and
whatever Commissioner is interested in that particular
project, to make sure that they were all on board with what
is being proposed.
Mr. Perez: You don't have any recommendation now?
Mr. Rosencrantz: I do not have a recommendation and it is
not necessary for the Commission to act on what he was
requesting.
Mr. Dawkins: What are we talking about?
Mr. Perez: About the Stuart Sorg appointment.
Mr. Dawkins: Stuart Sorg appointment for what?
Mr. Perez: A resolution that will ...
Mr. Rosencrantz: He has asked to serve as consultant and
advisor to the Administration on a number of issues
involving waterfront, water borne and water related
activities. I have agreed that I would sit down with him
and talk to him about this. The concepts to me seems to
ld 136 February 28, 1965
make sense, because we have a lot of issues out there where
need some degree of expertise and he can provide some
assistance to it. We were not able to discuss all aspects
of the contract and relationships, but we did get far enough
along that I feel that perhaps we can come to some
agreement.
60. REQUEST FOR PROPOSALS - DOWNTOWN DEVELOPMENT PLAN OR A
DEVELOPMENT OF REGIONAL IMPACT CATEGORY C PROJECT.
Mayor Ferre: Are we ready to vote on Agenda item 24 then?
All right, is there a motion on Item 24? Plummer, you ready
to go on that? It is the D.R.I. for downtown.
Mr. Plummer: it is going to be done in house rather than
the D.D.A.?
Mr. Rosencrantz: No, no. Item 24, that is the one we are
asking for an appropriation of $4009000 ...
Mayor Ferre: Does it matter how it is done, as long as it is
done? We are going to have to go outside anywayl
Mr. Rodriguez: We will hire consultants.
Mr. Plummer: No, no, but if you insist - not D.D.A.
Mr. Rodriguez: No, the City.
Mr. Plummer: Not D.D.A.I
Mr. Rodriguez: No, the D.D.A. participated ...
Mr. Plummer: Not D.D.A. Fine, I move it.
Mr. Rodriguez: City controlled.
Mr. Plummer: Not D.D.A. Well, quit talking thenll
Mayor Ferre: Moved by Plummer, seconded by Perez. The City
of Miami would make the D.R.I. application. Call the roll.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-208
A RESOLUTION AUTHORIZING THE SUBSEQUENT
ISSUANCE OF A REQUEST FOR PROPOSALS FOR
CONSULTING SERVICES IN ASSISTING IN THE
PREPARATION OF A COMPREHENSIVE DOWNTOWN
DEVELOPMENT PLAN AND AN APPLICATION FOR
DEVELOPMENT APPROVAL FOR DOWNTOWN AS A
DEVELOPMENT OF REGIONAL IMPACT;
DESIGNATING THE COMPLETE PLANNING
SERVICES FOR SAID DOWNTOWN STUDIES AS A
CATEGORY "B" PLANNING PROJECT;
APPOINTING SERGIO RODRIGUEZ, DIRECTOR,
PLANNING DEPARTMENT, AS CHAIRPERSON FOR
THE COMPETITIVE SELECTION AND
NEGOTIATION COMMITTEE IN ACCORDANCE WITH
ORDINANCE 8965 ADOPTED JUNE 23, 1979,
WHICH ORDINANCE ESTABLISHED PROCEDURES
FOR CONTRACTING SAID PROFESSIONAL
SERVICES AND ALSO ESTABLISHED
ld 137 February 28, 1985
41
0
COMPETITIVE NEGOTIATION REQUIREMENTS
WITH REGARD TO FURNISHING OF SUCH
SERVICES AND INSTRUCTING THE CITY CITY
MANAGER TO IDENTIFY THE SOURCE OF FUNDS
OF $400,000 WHICH IS ALLOCATED FOR THE
PURPOSE OF FUNDING CONSULTANT AND
PLANNING DEPARTMENT STAFF SERVICES.
(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 J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
Vice -Mayor Joe Carollo
61. DISCUSSION do DEFERRAL: REQUEST FOR WAIVER OF TIME ON
FILL IN CONNECTION WITH BAYSIDE PROJECT.
Mr. Rosencrantz: There is a resolution being passed out to
the City Commission now, asking you if you will waive the
time requirement that is necessary for us to advertise a
particular bid. We find ourselves in the Bayfront Project,
having to advertise for a certain amount of fill on the bay
side. If we allow the normal 15 days, it will not fit with
the time frame that we are committed to to the Rouse
Company. We are asking the City Commission to waive the
requirement of 15 days advertising and reduce it to 8 days.
In order to compensate for that, we will make sure that we
will contact the likely bidders directly to make sure that
there is no time lost and that they have adequate time to
prepare their bids.
Mayor Ferre: Have you ever met with Commissioner Carollo
and sat down and talked to him?
Mr. Plummer: I think that is great.
Mr. Dawkins: Mr. Manager, did we ever get rid of that
whatever that is?
Mr. Plummer: It was approved. That was 21.
Mr. Rosencrantz: We are advertising 21, yes.
Mayor Ferre: So you want us to move on this thing here?
Mr. Rosencrantz: Yes, if you would, please.
Mr. Plummer: It needs four votes.
Mayor Ferre: It needs four votes? Well, Miller has got two
and I've got one, and you have got one - that is four.
Mr. Plummer: What is that on?
Mayor Ferre: I don't know.
has signed and Juanita ...
Something that John Gilchrist
ld
138
February 28, 1985
06
if
-- - -- --- - ---- ---- - --- -- - - r- r r -- -- - -- -- - r r- r- r -r r- -r---
62. FILE CLAIMS OR COUNTERCLAIMS TO PROTECT THE CITY
INTEREST - LITIGATION CONCERNING WORLD TRADE CENTER
PARKING GARAGE AND AUTHORIZE LEGAL COUNSEL, ETC.
------------------------------------------------------------
Mrs. Dougherty: Mr. Mayor while you are waiting for a
fourth, would it be a appropriate to take the Centrust Bank
Tower litigation resolution?
Mayor Ferre: Yes. What item is that?
Mrs. Dougherty: It is not on the agenda. I passed it out
to all the Commissioners.
Mayor Ferre: All right, go ahead.
Mrs. Dougherty: It is authorization, or request for
authorization to file whatever counter -claims or cross -
claims or third party claims would be necessary in
connection with the Centrust Towers litigation. As you
know, Centrust is sueing the City, saying that the parking
garage is defective. The City could then go and counter, or
third party complain against the contractor, saying that the
building is defective, it is not our fault - it is the
contractor's fault.
Mayor Ferre: Okay.
h
Mrs. Dougherty: We also request the hiring of special
counsel on this complex construction litigation case and
also the employment of whatever expert witnesses that may be
x4 <.
necessary.
f.'.
Mayor Ferre: All right, is there a motion on this? Plummer
-
moves. Dawkins seconds. Further discussion? Call the
�}
roll.
�t
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION NO. 85-209
A RESOLUTION AUTHORIZING THE CITY TO
FILE WHATEVER CLAIMS OR COUNTERCLAIMS
ARE REQUIRED TO PROTECT THE CITY'S
_3
INTERESTS IN LITIGATION CONCERNING THE
WORLD TRADE CENTER PARKING GARAGE AND
z a
AUTHORIZING THE CITY ATTORNEY TO EMPLOY
<n
THE LAW FIRM OF STEWART, TILGHMAN, FOX &
BIANCHI TO SERVE AS SPECIAL COUNSEL IN
CONNECTION WITH SUCH MATTERS; ALLOCATING
}
MONIES THEREFOR FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND; AND FURTHER
AUTHORIZING THE CITY ATTORNEY TO EMPLOY
'$
EXPERT WITNESSES THAT MAY BE REQUIRED IN
SAID MATTERS.
(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-
ld 139 February 28, 1985
4
21
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
Mayor Ferre: Let me understand - Lucia, if we win, do they
f pay our lawyers?
Mrs. Dougherty: Yes.
Mayor Ferre: And if we lose, then we have got to pay ours
and theirs?
Mr. Plummer: We give them the deed to the Cityl
Mayor Ferre: You are pretty sure we are on the right side
of this issue, right?
Mrs. Dougherty: I am not an engineer, Mr. Mayor, but our
engineers says that it is.
Mayor Ferre: Well, you are a lawyer and this is a lawsuit.
Mrs. Dougherty: Yes. Our engineers say that the building
is not defective.
Mayor Ferre: And Vince Grimm says we are okay on this?
Mrs. Dougherty: That is what he says.
;fa Mayor Ferre: All right now, the other thing is, how much
are the legal fees going to be?
Mrs. Dougherty: $175 an hour.
Mayor Ferre: How much?
Mrs. Dougherty: $175 an hour.
j
4x Mayor Ferre: How much is it estimated that it will end up
costing us? Do you have any guess?
s Mrs. Dougherty: I would have to say it is probably at least
r between $30,000 and $509000.
{tN Mr. Plummer: Wowl
'wMrs. Dougherty: Mr. Mayor, I can tell you though, that I
have had experiences and I don't know if you would be
interested.
Mr. Plummer: Out of your paycheck?
Mrs. Dougherty: No.
Mr. Plummer: Then you would recommend this?
Mayor Ferre: You have had experience with who?
Mrs. Dougherty: In this kind of litigation, the only
experience I have had - in Miami Beach we had a youth center
and we sued them Grafton and the contractor. The
retaining wall around the ice skating rink was literally
crumbling down and we sued the contractor, not only one, but
I got our attorney's fees back as well.
ld 140 February 28, 1985
Mayor Ferre: Did you win?
Mrs. Dougherty: Yes.
--------------------------- --- -----------------------
63. APPOINTMENT TO PLANNING ADVISORY BOARD.
Mr. Plummer: Mr. Mayor, may I go back to Item 42? My
appointment to the Planning Board is Jorge Pedraza.
Mayor Ferre: Have you met him yet?
Mr. Plummer: Yes, I have met him and I had lunch with him.
Mayor Ferre: All right, Dawkins moves, Plummer seconds,
further discussion. Call the roll.
The following resolution was introduced by Commissioner
Dawkins, who moved its adoption:
RESOLUTION NO. 85-210
A RESOLUTION APPOINTING ONE INDIVIDUAL
AS A MEMBER OF THE CITY PLANNING
ADVISORY BOARD TO SERVE A FULL TERM
EXPIRING DECEMBER 31, 1987.
(Here follows body of resolution,
omitted here and on file in the Office
of the City Clerk.)
Upon being seconded by Commissioner Plummer, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J.L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio J. Perez, Jr.
Vice -Mayor Joe Carollo
-------------------------------------------------------------
64.AUTHORIZE REDUCTION OF TIME ETC. FOR NOTICE OF INVITING
BIDS BAYFRONT PARK REDEVELOPMENT PROJECT-BAYWALK PHASE
I.
`=A` ---
---------------------------------------------------------
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RESOLUTION N0. 85-211
_r.
A RESOLUTION AUTHORIZING THE REDUCTION OF
TIME WHICH SHALL INTERVENE BETWEEN THE DATE
OF PUBLICATION OF THE NOTICE INVITING BIDS
FOR THE BAYFRONT PARK REDEVELOPMENT PROJECT-
BAYWALK FILL PHASE 1 AND THE FINAL DATE FOR
SUBMITTING BIDS FROM 15 TO 8 CALENDAR DAYS.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Id
141
February 28, 1985
Upon being seconded by Commissioner Dawkins, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
65. SECOND READING ORDINANCE: AMD. M ARTICLE 20 GENERAL &
SUPPLEMENTARY REGULATIONS, ETC.
AN ORDINANCE -
AN ORDINANCE AMENDING THE ZONING ATLAS
OF ORDINANCE NO. 9500, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING SECTIONS 2018 ENTITLED
"OFFSITE PARKING" BY PROVIDING FOR
CONDITIONAL OFF -SITE PARKING WITHIN
CERTAIN EXPRESSWAY RIGHT-OF-WAYS, AND
2036 ENTITLED "CHILD CARE CENTERS," BY
REVISING ACCESS LIMITATIONS, LOT AREA
REQUIREMENTS, AND MINIMUM SIDE YARD
REQUIREMENTS; FURTHER, BY AMENDING THE
OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS; PAGE 19 RS-11 RS-2 ONE -
FAMILY DETACHED RESIDENTIAL AND RG-1
GENERAL RESIDENTIAL; AND PAGE 2, RG-29
RG-2.19 RG-2.21 RG-2.39 AND RG-39 UNDER
GENERAL RESIDENTIAL, TRANSITIONAL USES,
STRUCTURES, AND REQUIREMENTS, TO PROVIDE
FOR TRANSITIONAL USES BY SPECIAL PERMIT;
AND PAGE 41 CR-3 COMMERCIAL -RESIDENTIAL
(GENERAL), UNDER PRINCIPAL USES AND
STRUCTURES, BY ADDING NIGHTCLUBS AND
SUPPER CLUBS AS USES PERMITTED
GENERALLY; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE.
Passed on its first reading by title at the meeting of
December 20, 1984, 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 Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Commissioner Demetrio Perez, Jr.
Vice -Mayor Joe Carollo
THE ORDINANCE WAS DESIGNATED ORDINANCE NO. 9965.
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.
ld 142 February 26, 1985
,�'..'°
rrr r--r-r -r - rr ---rrrrr rrrrr r- -rrr-r.r rrrrrrrr -rrr -rrr-----rr-
h
66. COMPLAINTS IN AREA OF N. M. CORNER OF 8TH AVENUE i
FLAGLER STREET — REFERRED TO THE CITY MANAGER.
: .:..
- --- ----------
r r rrrrr-----rrrrr -r rrrr --rrr--- r- r rrr rrrrr -- -
'1
Commissioner Plummer requested City Manager to make study
,.
and report back on complaints in above area.
i"'..
i-
-- rrrrr-----------rr------- --- rrrrr-------- -- - rrrrr----rrr--
67• ALLOCATE 49000 TO OPGROVE THEATRE PERFORMANCE PROGRAM
---------------------------
Mr. John Morgan: Mr. Mayor and ladies and gentlemen of the
Commission. My name is John Morgan. I live at ..thirteen
forty-two Northwest 55th Terrace. I represent the Upgrove
in Miami
Theatre Company. We have been a fledgling company
for the five years putting on productions of high
past
caliber. We are now in our fifth year and we need
substantial support in order to succeed in this year and
instituting
being around for future years. This year we are
:Y
a program called the theatre work shop performance program.
in the
In this program we are training people students
various aspects of theatre. They learn stage craft,
lighting techniques which they can use and go out in the
real world and get other job such as carpentry. This also
offers an outlet for It further le who alooking jobs for unemployed
provide
outlet in the arts.
people. Theatre cannot always be free, but what we are
willing to do is to offer several free performances in the
'
name of the City of Miami and City parks and nursing homes
City special events. We have been operating for the
and
past five years on blood, sweat and tears. Primarily sweat,
but mostly tears. We have just closed the first project of
this season which was called "An evening with Langston Huges
in
and Friends" which received raved reviews. We are now
the second project which is under rehearsal at FIU
University. In order to go on with our season, in order to
engage such people as noted broadway producer Yinette
in this area and Phillip Michael
Carroll who now lives
Thomas of Miami Vice, we need your support. We are putting
before the Commission a proposal for programmatic reasons in
the amount of thirty thousand dollars.
Mr. Plummer: How much?
Mr. Morgan: Thirty thousand dollars.
Mr. Plummer: That's three zero.
Mr. Morgan: $30,000.00.
w
Mayor Ferre: Dawkins moves that .the matter be referred to
the administration for further stddy.
Mr. Plummer: Second.
Rlk
Mayor Ferre: All right, further discussion?
Mr. Morgan: May I ask for clarification on what that means.
Mayor Ferre: What it means is you didn't have the three
`
votes you said you had.
Mr. Morgan: I see.
Id 143 February 289 1985
C
P
Mayor Ferre:
Call the roll.
(BACKGROUND COMMENTS OFF THE RECORD)
Mr. Dawkins: Had the administration reviewed his project
and was ready to make a recommendation?
Mr. Castaneda: Yes, we have.
Mr. Dawkins: What was your recommendation, sir?
Mr. Castaneda: Our recommendation was a recommendation of
denial. This is a continuing program. It's not a special
funding request. They do not have presently any other match
from any other governmental entity and basically, this is a
continuing program. It is not a special funding request
type of program and according to the funding policy that was
passed by the City Commission, we should fund at a maximum
of fifty per cent of what we funded the last time. This
program was funded for a special event, Black Nativity in
1932 and 1983 for the sum of eight thousand dollars. So,
following that policy we should only fund it for the tune of
four thousand dollars.
Mr. Dawkins: Well, would you recommend four thousand?
Mr. Castaneda: Yes.
Mr. Dawkins: Will accept four thousand dollars?
Mr. Morgan: We have no choice, we would.
Mr. Dawkins: Mr. Mayor, the administration recommends four
thousand dollars and I will move four thousand.
Mayor Ferre: Is there a second?
Mr. Plummer: Second.
Mayor Ferre: Further discussion, call the roll.
The following motion was introduced
Commissioner Dawkins, who moved its adoption:
MOTION NO. 85-212
A MOTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ALLOCATE AN AMOUNT NOT
TO EXCEED $40000 AS A CONTRIBUTION TO
THE "UPGROVE THEATRE", PURSUANT TO A
REQUEST MADE BY JOHN MORGAN IN
CONNECTION WITH A WORKSHOP PERFORMANCE
PROGRAM.
by
Upon being seconded by Commissioner Perez, the motion
was passed and adopted by the following vote -
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Commissioner Demetrio J. Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: Vice -Mayor Joe Carollo
id 144
February 28, 1985
C C
68. REPORT OF KORN A FERRY: INTERVIEW LOCAL CANDIDATES IN
SAME MANNER AS OUTSIDE CANDIDATES WERE INTERVIEWED
Mayor Ferre: Korn & Ferry, specifically, Mr. Norm Roberts
told me last week and repeated again this week that Korn &
Ferry felt very uncomfortable with the fact that the members
of the City of Miami Commission, me included, had not in a
formal way reviewed the so-called four inside candidates.
My immediate answer to Korn & Ferry was well why do we need
to review the inside candidates since we know them all?
They said well, that's not proper because if you set up a
procedure where you are going to be judging these people you
got to judge them all on the same basis and the same
criteria. In other words apples to apples and oranges to
oranges. Now, the question therefore comes as to whether or
not we should be that strict in the procedure. They further
stated that it is the only professional way for us to act.
Based on that it is my recommendation that we concur with
Korn & Ferry's recommendation and that we not make the
selection of the City Manager until next week and that we
set up specific appointments in our offices to interview the
four inside candidates in the same way that we interviewed
the four outside candidates. I want to wait for Joe.
Mr. Dawkins: I wasn't listening, Mr. Mayor.
Mayor Ferre: Korn & Ferry is saying it's not professional
for us to interview just the outside candidates and not the
inside candidate.
Mr. Dawkins: Yes, but you see, Mr. Mayor, I have a problem
with that in that we paid Korn & Ferry to search and find
people. We didn't pay him to tell me how to interview. So,
now what he may feel is unprofessional to him, I may accept
it as professional professional to me.
Mayor Ferre: Ok. But, Miller, the point is they are not
telling you how to interview them. They are telling you
interview them.
Mr. Dawkins: Well, I interviewed them, you know. I could
have had coffee with them.
Mr. Plummer: Some of us haven't, Miller, that's the
problem.
Mayor Ferre: See, what they are saying is it isn't really
fair to Cesar Odio, Randy Rosencrantz, Herb Bailey and Jack
Eads, for us not to do absolutely the same format and
criteria. Sit them down and ask them the same questions. I
don't know about you, but I asked all these people basically
the same series of questions and they say that it isn't
right just because we know them and you don't go through the
process of asking them those same questions, then you are
not putting them on the same balance so to speak. Now, you
know, there is an argument to be made against that. I
accept that, but I think there is a... this is such an
important decision that why leave ourselves open to any kind
of question that we didn't go about this totally... what's
three or four more days anyway. If we waited this...
Mr. Plummer: Mr. Mayor, I would move that we defer the
selection process until March 7th.
Mr. Dawkins: Until March what?
Mr. Plummer: 7th.
ld 145 February 28, 1985
C C
Mayor Ferre: Thursday.
Mr. Plummer: Next Thursday, 3 o'clock in the afternoon.
Mayor Ferre: All right, is there a second?
Mr. Dawkins:
I second it.
Mr. Carollo:
Open for discussion.
Mayor Ferre:
The question Commissioner Carollo is
that we
are deferring the decision of selecting the City
Manager
further on.
Commissioner Plummer has made a motion
that it
be March 7th. Commissioner Perez recommended the
21st and
there hasn't
been any further discussion.
Mr. Dawkins:
But the 21st is a regular meeting day.
Mayor Ferre:
I think we can't do it on the 21st
either.
That's going
to be a packed agenda. I think you have to...
Mr. Perez:
Make it the first item in the morning.
Mayor Ferre:
It may take a long time. And I might remind
you that when we selected Howard Gary it took all
day and
half of the
night.
Mr. Carollo:
Not the day we selected him.
Mayor Ferre: Oh that's right we went over it the next day.
`.;.
Mr. Carollo: Ten ballots.
Mr Dawkins: And so I said Joe that we hired Korn & Ferry to
�_.
search and find people. I didn't hire him to tell me how to
�1 y
interview, but Maurice says that it would look more
, Y
professional to follow their advice, which I don't have no
�x
problem with.
4
Mayor Ferre: Let me repeat the statement to Joe, because he
was out of the room. Korn & Ferry called me last week and
a
again this week they repeated. They said if you are going
to select you have to do the same thing with everybody to
keep them on a even keel and therefore, what they are saying
is if you interviewed the four outsiders, you ought to
interview the four insiders in the same way, same format,
same process. Try to ask the same questions so that
everybody has an equal opportunity and I said well, we do
r
need to do that because I know Rosencrantzs or I know Odio
=°
or I know Jack Eads. So, I don't need to talk to them, but
they say that isn't quite professional. So, they would feel
better if we interviewed all of the applicant equally. They
also say that it would be a fair thing to do. So, based on
r�tt
that recommendation I do think that we do need to go through
x
the process. Now, the motion on the floor is that we
postpone it then for six days and that is until March 7th at
3 P.M.
Mr. Carollo: March 7th is a Thursday, right?
Mr. Plummer: Right.
Mayor Ferre: Thursday a week.
Mr. Carollo: I will check with my office and see...
Mayor Ferre: Ok.
Mr. Carollo: I could do it in the afternoon Mr. Mayor.
1d 146 February 28, 1985
Mr. Plummer: 3 o'clock recommended, Joe.
Mr. Carollo: No, no, not 3 o'clock. (IN SPANISH). 2
o'clock.
Mayor Ferre: I can't do it at 2. I got a problem with
that.
Mr. Carollo: What time can you do it in?
Mayor Ferre: Anytime after 3. 31 49 51...
Mr. Plummer: What about morning.
Mr. Carollo: 3:30?6
Mayor Ferre: 3:30 is fine.
Mr. Carollo: 3:30. I can't do it in the morning.
Mayor Ferre; 3:30.
Mr. Carollo: 3:30
Mayor Ferre: Is that acceptable to everybody?
Mr. Plummer: Yes, sir.
Mayor Ferre: All right, call the roll on the deferral of
the section process and continue it from tomorrow until
Thursday at 3:30.
The following motion was introduced by Commissioner
Plummer, who moved its adoption:
MOTION NO. 85-213
A MOTION CANCELLING A SPECIAL CITY
COMMISSION MEETING PREVIOUSLY SCHEDULE
FOR MARCH 11 19859 AT 1:00 P.M., AND
ESTABLISHING THE DATE OF THURSDAY, MARCH
7, 19859 AT 3:30 P. M. FOR PURPOSES OF
DISCUSSING THE SELECTION PROCESS FOR
APPOINTMENT OF A PERMANENT CITY MANAGER.
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
h " Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
-------wwwwww-w-w-ww--ww----ww-www------------ww-----
69. DISCUSSION: SENATOR ROBERTA FOX WILL BE INTRODUCING
LEGISLATION TO PURCHASE PROPERTY NEXT TO BARNACLE FOR
STATE PAR[.
-----------------------------------------------w-r-w--..r-�-w--
Mayor Ferre: All right, we now have four minutes before we
begin the 6:30 public hearing. In the meantime I have been
asked to read the following message that Senator Fox has to
ld 147 February 28, 1985
04 04
inform the Commission that Senator Fox will be introducing
the so-called"Barnacle" "bill". And that she is in hopes
that all members of the Dade Delegation will be co-sponsors
for the bill to get monies to purchase the property in
Coconut Grove that is to be purchased, hopefully, if this
passes for a park next to the Barnacle.
70. PUBLIC HEARING: REQUEST FOR WAIVER OF TIME LIMITS
PERTAINING TO PROPERTY 3471 MAIN HIGHWAY KNOWN AS
COMMODORE PLAZA - GRANTED REQUEST APPRAISALS OF
PROPERTY.
Mayor Ferre: All right, it's 6:30, so we can now begin our
special public hearing. Please take your seats. All right,
the Chair now recognizes you Mr. Pierce on this item. All
right, Mr. Manager, the Chair recognizes the administration.
Mr. Pierce: Mr. Mayor.
Mayor Ferre: Go head.
Mr. Pierce: This is a personal appear request by Mr. Ken
Treister, Howard Scharlin and Gerald Katcher who is seeking
waiver of the time period in which they are prohibited from
refiling an application. The presentation on this is best
made by them.
Mayor Ferre: All rights, sir I will now recognize Mr.
Scharlin.
Mr. Howard Scharlin: Good evening gentlemen. My name is
Howard Scharlin. I reside 3615 Battersea Road, Coconut
Grove. I am here as one of the applicants along with Ken
Treister and my partner Gerald Katcher. The applicants made
a complete presentation at the last public hearing two
weeks ago. I will just summarize the points that we stated
so, that we can get on with some dispatch with the meeting.
At the last meeting I restated the fact, first that Article
28, the major use special permit section of your zoning code
provides for two full public hearings. At the September
meeting of the Commission. We had a full public hearing
without witnesses without supporters and obtained a four to
one vote in favor of the application. At the second public
hearing in November before the full presentation could
commence the opponents, objectors to the application raised
a series of legal questions as to the propriety of the
procedure that had been followed by the applicant and by the
City staff in the presentation of our application. Because
of the number of questions raised and the technicality
involved, the legal issues involved, Mayor Ferre suggested
that the meeting should be adjourned until December and
suggested then in the interim the applicants and the
opponents should submit to the City Attorney their position
as to the technical objections. You will recall at our last
meeting here, two weeks ago Janet Cooper representing the
opponents passed out to you excerpts from the November
meeting. At that time she stated and the Commission
acknowledged, that if procedure had not been properly
followed the November meeting could not go forward and the
Commission could not act. Between November and December we
met with the City Attorney and we met with the City Planning
Department. We reviewed the application procedure and with
all concurring it was agreed that the best procedure to be
followed was to begin again, to take our application by to
day one and begin again with the Planning Advisory Board or
the Planning Department and the Planning Advisory Board.
ld
148
February 28, 1985
Believing that to be the case we appeared before you in
December without our botanist, without our environmentalist,
without our traffic engineers, without our supports,
completely unprepared to go forward. We didn't even have a
picture of the plan that we intend to submit. At the
December meeting not withstanding the fact that our purpose
was solely to request or to suggest that we were going back
to day one, at that December meeting the Commission
mmissonacted
and denied on a three to two vote the application.
The
economic burden to us in carrying this project for eighteen
months without going forward is very substantial. We did
not have a full opportunity for a second public hearing. We
were not prepared for a public hearing. We did not have our
witnesses. We did not have our evidence. We simply weren't
ready. Understandably I believe. We had cause to believe
that there would be no hearing based on the fact that we
weren't ready, based on the fact that the economic burden of
carrying this project would be very substantial. We are
requesting permission to go back and begin again, not
withstanding the requirements of 3514 which would otherwise
apply if you didn't give us this permission that we are
requesting. Thank you.
Mayor Ferre: All right, are there any other spokesmen for
you Mr. Scharlin?
Mr. Ken Treister: Well, let me just... If I could just add
one thing. If we are granted this permission which we
request tonight, we will meet with the citizens in the
community to discuss this proposal. We will change our
proposal and we would like the opportunity to proceed
without the delay because of the problems that we had on the
last public hearing. So, I do want to state that we will
meet with everyone in the City and everyone concerned and
try to come up with a very very good project for the
Community and also for Coconut Grove and ourselves. Thank
you.
Mayor Ferre: All right, I'm sure there are members of the
community that are here that wish to be heard. How many of
you would like to be heard this evening. I would be
grateful if we could keep--- I see about seven or eight
hands--- if we could keep statements right on point, not
ramble on into all kinds of different examples and not
repeat what other speakers said. We will begin with those
that are up front. Does anybody need more than three
minutes? All right, we will begin with out Ms. Dann. You
want to begin? Janet is right here. So, I just saw her
walk in. Ms. Cooper.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Well, that's what Ms. Dann said. Now who
wants to be the first brave person?
Mr. Lawrence Terry: I would be happy to be brave. Is this
thing on?
Mayor Ferre: It is indeed.
Mr. Lawrence Terry: My name is Lawrence Terry. I live at
1896 Tigertail Avenue in Coconut Grove. I would just simply
like to respond to what Mr. Scharlin has said. We are
presented with a feeling that we have done him wrong or it
has been done wrong. Now, he admits that there were many
short comings at the second meeting. I agree with that.
However, I think we should keep in mind that Mr. Scharlin
and Mr. Treister have done other projects in their careers
and they should know what the procedures are. The fact that
there were short comings is not... should not be any
ld 149 February 28, 1985
Z41
argument as to whether or not this should proceed at this
point. The fact that there may be economic burdens, that is
not anybody's problem except the developers problem and that
should also not be a consideration as to whether on the
issue of this point they should be allowed to have a go
again at submitting their plans. I remember very distinctly
that Mr. Treister was given the opportunity more than once
to get to the point that Mr. Scharlin brought up. Namely,
go back to the Planning Board. He refused to listen to you
Commissioners when you told him clearly, "Kenny" I believe
that's what was said, "you are not listening". He did not
listen and he insisted on bringing the issue forward and it
was voted against and I see no reason why they should be
given any lenience on twelve months, eighteen months or any
point at all. They had all the opportunity in the world and
very simply they blew it and I see no reason that they
should have a chance again at this time. Thank you.
Mayor Ferre: All right, next speaker.
Ms. Linda Dann: Linda Dann, 803 Anastasia Avenue, Coral
Gables, the state of Florida. Very concerned about our
shores. I believe all of us in this room heard some very
thorough presentations of the project. I think we all
listened to it and you asked if there was anything new, if
we could please hear that and nothing was said. I imagine
there will be a lot of fancy lawyer arguments tonight, but
just as a simple citizen, I think we should go by the Code
for everyone. I have heard in the book 1984, all citizens
are equal, but some are more equal. Well, I think we have
lived through 1984 without that happening. I hope we can in
1985. And in baseball when people play the game, it's three
outs for everyone and I don't see why somebody should have
four and it's going to appear that way however fancy the
legalese gets to be. Thank you.
Mayor Ferre: All right, next speaker please.
Mr. David Doheny: Mr. Mayor, Commissioners, David Doheny,
1778 South Bayshore Lane, Coconut Grove. Twenty year
resident of Coconut Grove. I'm a lawyer and I had the
privilege of residing on this particular piece of property
for four years during the time 1970 to 1974 when it was
owned by the Harrisons who I am very familiar with and I
have a strong personal feeling for what should happen to
that property, but I don't want to get into that. That's
not the issue before the Commission tonight. The only issue
is whether or not a hardship waiver should be granted to Mr.
Scharlin and Mr. Treister for the presentation of their
project in a period of time less than the eighteen months
provided by the Code. I'm not going to refer to law. I'm
not representing anybody here tonight other than myself, but
I would like to call your attention to the definition of
hardship contained in the American heritage dictionary which
reads "Hardship". One, extreme privation. Two, something
that causes privation or suffering. I hear nothing in what
Mr. Scharlin said either tonight or in his remarks a couple
of weeks ago when this was first brought to the Commission's
attention which even remotely rose to the level of privation
or of suffering. Basically, what he said was that they
didn't quite understand what was going to happen at the last
Commission meeting. They weren't prepared. That market
conditions could change in the next eighteen months. That
money rates could change and they could possibly lose some
money. I find it very difficult to accept the argument that
Mr. Howard Scharlin, the able lawyer that he is and Mr. Ken
Treister, the experienced and sophisticated developer that
he is were truly unprepared or didn't know what was going to
happen at the last meeting when the Commission voted to deny
the zoning. Marketing conditions can always change. They
ld 150 February 280 1985
can change for the better or they can change for the worse
and money rates can go up and can go down. We all know
That's a fact of life and it's no different from Mr.
4:.
that.
Scharlin or Mr. Treister than any other zoning applicant
that comes before this Commission and I would suggest that
it is a very dangerous precedent to grant a hardship waiver
can make that argument.
on that argument. Anybody And if
TV
you grant it to Mr. Scharlin and Mr. Treisterg what's to
prevent a coming in a week after he
any other applicant from
is denied and saying "hardship". I want another hearing. i
would ask the Commission to deny this application and
4-
require the developer to wait the eighteen months as
required by law. Thank you.
Mayor Ferre: Next speaker?
Ms. Joanne Holzhouser: I am Joanne Holzhouser, 4230
Ingraham Highway, Coconut Grove. I'm president of the
Coconut Grove Civic Club. I would like to agree with what
the previous speakers have said to you. I think that we
attempted in every way to cooperate. I think that this
project has brought more heart ache and more grief to some
us at Saint Stephens Episcopal Church. It has been a
dreadful experience to find this has split up parish and
still bids fair to split up parish. It's just... It's
incredible. It's part of my life. My children went to that
day school. I'm a member of the parish and it has done
awful things to us and part of the reason it has been done
is because of the way it has been done over a year, that
various plans were discussed at various time with various
people and it's very hard to keep on thinking "well, if we
can sit down and talk about right now". If we could sit
down and talk about it, why couldn't we have talked about it
in good faith a year ago or six months ago? It really hurts
to have to say this, but there have been many many times
when sitting down and talking about this project might have
worked something out and I'm afraid that I 'm not too
sanguine about the possibilities now of this. Perhaps what
we need is the time to wait. The lawyers will argue the
legality of it. I'm arguing the humanity of it. I think
that all of us need time to reflect on this and I think one
of the reasons the laws are made for these situations to
have a waiting period, is so that the people in the
neighborhood or community or a church or a school don't have
to keep on and on and on, week after week after week coming
back and back and back. There is a reason for this waiting
period and we ask you to accept it. I would like also to in
enter into the record, this picture which was taken of Mr.
Treister's building and I think that this says something to
me about it. That there is a mural that's already on the
wall in tile that describes Commodore Bay as being there and
I think this takes an awful lot for granted in Coconut
Grove. By and large we haven't fought Ken on Mayfair. For
the most part he has been welcomed in the Grove and we have
gotten along very well, but I think this was really not a
very kind thing to do and I will give it to the Clerk.
R
Mayor Ferre: All right, think you. Next speaker. Are
there anymore speakers left?
Mrs. David Sweatlon: My name is Mrs. David Sweatlon and my
husband and I wish to speak in concurrence with the previous
speakers. We really feel that you ought to pay attention to
the law and not insist that we come back to fight this
project every few months. Thank you
VIS
Mayor Ferre: All right, are there any other speakers. if
not then there is conclusion of the...
ld 151 February 28, 1985
Ms. Janet Cooper: Mr. Mayor, I know that there are other
people who had planned to be here and probably are tied up.
I was hoping to wait for them, but I will proceed. Janet
Cooper here, law offices at 169 East Flagler Street. I'm
here representing the Friends of the Everglades, Chairman
Marjorie Stoneman Douglas and the Sierra Club. Why are we
here tonight? We just had a whole long series of hearings
and we thought that this was over. Why are we here? Last
time we were here on Valentines Day. Mr. Scharlin told that
we are here because he didn't really think we had to be
here. Article 28 doesn't require, doesn't have any time
limitation and doesn't require that you ask for a waiver.
So, why are we here in the first place? I want to make it
clear for the record why we are here. We are here because
there was not merely a major use special permit application,
Article 28, but because there were two applications for
changes of zoning, Article 35 and those two applications
were denied and it is pursuant to those provisions that we
are here on the request from the developers. For the record
and your information, I'm going to ask Marilyn Reed to do
some of the passing out of the documents. This is the City
Clerk's report and the agenda from the meeting at which we
had the three items. The two changes of zoning and the one
major use special permit. Now, on what grounds are the
developers asking for a waiver? They are saying there was
an injustice. And what was this injustice that was done to
them? The first injustice that they mentioned was that they
had only one hearing. Well, they had many hearings. As a
matter of fact, the application for a major use special
permit only requires one hearing. They had a full hearing
in October. In November they stated on the record that they
had already said everything they needed to say, everything
they wanted to say. They wanted the Commission to vote in
spite of the legal issues that were raised and in spite of
your ruling that this should not go forward in November.
They asked you to take a vote anyway, because they were
confident that they had presented to all the information
that they needed for you to hear in order to vote
affirmatively for their project. So, now what is the
injustice that occurred to them? Well, now they are saying
that they thought the... that the injustice was because they
thought that you were only going to hear the legal issues on
December 12th. How did they come to that conclusion? Well,
I went through carefully the transcript of the hearing in
November and I highlighted for you and I will pass out to
you again some of the comments that were made that would
show that there was no reasonable belief that it was going
to be only heard on the legal issues, that we were not going
to get to the merits. Ms. Dougherty says to Mr. Treister,
"Mr. Treister, I think it is really in your best interest
not to close these hearings today with a formal vote that
you don't foreclose ability to open these proceedings and
supplement the record by not continuing the hearing. On the
next page. I believe this is the Mayor speaking. "Once she
has rendered a legal opinion on legal matters and I will be
guided by what you are saying, beyond that your place is to
challenge her legal opinion in a court of law. Not in this
political body. Now, if we get past the legal stuff that is
going on here then we could proceed to the foliage and the
vegetation and the traffic and what the school says and what
the Friends of the Everglades say and all these other things
that are important and should be brought to the record".
This is telling the developers that once we get past the
legal stuff we are going to the merits. We are going to the
substance. This was told to the developers at the November
meeting. Mayor Ferre on the next page says "I don't see any
reason...
Mayor Ferre: Excuse me, Ms. Cooper, you have now gone past
three minutes. I asked everybody before they began if they
needed more than three minutes.
ld 152 February 280 1985
Ms. Cooper: I was walking around. I didn't hear you. I
will need probably fifteen at the most.
(BACKGROUND COMMEND OFF THE PUBLIC RECORD)
Mayor Ferre: It's not a question of you giving anything.
It's a question of rules and regulations around here. Now,
I have no objections, but I'm going to give the other side
equal time. You have now taken three minutes, if you
continue, but that's going to be it, Janet. At the end of
fifteen minutes that is it.
Ms. Cooper: Ok. " I don't see any reason why it can't be
brought to the next meeting and then we will hopefully
conclude it" Conclude. Mr. Plummer says "Mr. Mayor, the
only problem if it was just coming back here to answer the
legal questions that is one thing, but I see a hundred
people out here "biting the bit" that wanted to speak
tonight, who are not going to speak and you are talking
about another five hour". This is telling the developer
that we are going to have a hearing on the merits. On the
next page Mayor Ferre says "let's leave it this way Jack,
let's try to do it on the 12th. If we cannot then we will
have to roll over whatever is left until the 20th, all right
and we will stay as long as we can on that date to see if we
can solve this. Is that acceptable to everyone?" And there
was no objection. My understanding is that the developers
obtained a transcript from the court report of this hearing
just a few days after the November hearing. They had every
reason to know that this was going to come up on the merits.
Furthermore, you were told by the developers that there were
instructions to go back to the Planning Department. There
were no such instructions. Your instructions were to work
it out, to go through the legal issues with Ms. Dougherty.
I'm submitting the entire transcript. I'm not giving you a
copy because you are not going to have a chance to read it
right now anyway, but for the record of the November 15th
hearing for the review of that. Now, in December when they
came back without their experts and we will get to why I
think they did that in a minute, but when they came back
there was question whether they would proceed to the merits.
At one point Mr. Treister said "if you ask us to do a long
presentation which we are willing to do, we can stay here as
long as you allow us". And then he said "we would like that
opportunity only if we knew that tonight was the final
night, that we weren't going back to the Planning Board and
coming back here in January, coming back here in January".
I will pass out this portion of the transcript from December
12th. Again, in December we had an issue, a question
whether or not anyone in the City had told the developers
that this would be deferred, because the Commission never
told them it would be deferred and at one point Mayor Ferre,
you said "Mr. Treister, so that the record properly
reflects, because I don't want to get into a legal problem,
you said you understood. Who led you to understand that
this matter would be deferred tonight?" Mr. Treister "both
the Planning Department and the City Attorney and I am not
trying to be critical. I don't want to be adverse to those
friends". Mayor Ferre "the Planning Department told you
that this thing would be deferred?" Mr. Treister,"they
thought it would be deferred". Mayor Ferre "all right, they
thought it would be deferred. Mr. Treister "and the City
Attorney didn't legally state that it would". This is Mr.
Treister speaking "and the City Attorney didn't legally
state that it would, but thought it would be". Mayor Ferre
"all right, on the record Mr. Rodriguez, so we can have the
record". Mr. Treister "I don't want to be adverse to them.
Mayor Ferre "I understand that, I understand that, but I
want to make sure that we don't get into a legal bind in
ld 153 February 28l 1985
here". Mr. Treister "because they are going a great job".
Mayor Ferre "Mr. Rodriguez, did you or anybody in the
department that you know of at anytime tell Mr. Treister or
anybody that this matter was going to be deferred? Mr.
Rodriguez, "as I already told the Planning Department, I
would never infer that this item would be deferred tonight.
Me as Director of the Planning Department". Mayor Ferre
"You said that it would be deferred?" Mr. Rodriguez "no, I
never said that. Now, as to whether any other members of my
staff have indicated that I don't know". Mayor Ferre "would
you please poll your staff and send a memorandum for the
record ---I'm going to cut through some of it ---Madam City
Attorney did you tell the applicants this matter would be
deferred?" Ms. Dougherty "I did not tell them it would be
deferred tonight. I did tell them that I was my guess that
it would probably be deferred". Mr. Treister "that's a fair
statement and that's the same type of statement I think that
the Planning Department gave us". So, he thought it would,
may be. Some people told him it might be deferred. Do we
have here injustice? Or do we have here a gamble that they
lost? Do we have here a situation where they were told by
the Commission, but instead what they did was write a letter
on December 6th requesting reconsideration of the
application on file by the Planning Advisory Board on Mr.
Scharlin's stationary. They requested and then there are
articles in the newspaper saying "the developers hope to
submit a revamped version". And then later on the page on
the article Treister said "Commissioners will be told at
todays meeting that the developers will submit the
information to the Planning Advisory Board". Now, we go
from requesting to telling the Commission. Completely in
opposition to what the Commission has told Mr. Treister and
then a quote "we are going to tell the City, we are going
back to the Planning Advisory Board for another hearing".
That's why he didn't come prepared, because he thought he
could tell you all what he wanted to do and that you would
do it. He offered to make the presentation, you tried to
pin him down and have him make his presentation and you...
finally, he admitted that he was going to make his
presentation. I remind you that Mr. Treister is the
architect for this project. He knows the project better
than the developer and other developers who are not also the
architects. He knows the project, it's his. He offered to
make the presentation as you have seen and Mayor Ferre, you
asked him how much time he needs. "How much time do you
need to make your presentation?" Mr. Treister "well, first
I must ask, will the opposition be limited too?" Mayor
Ferre "absolutely the same time". Mr. Treister "no, I don't
mean that". New arguments so on and so forth. Later on.
Mayor Ferre "all right, Mr. Treister, the point is now---
sinceI assume that you do want to make a presentation ---
how long do you want to make your presentation?" Mr.
Treister "five minutes". "All right, sir please proceed".
Mr. Treister "I would like to just talk about the three
items that I don't think and I assume Mr. Mayor, that that's
going to be the opposition's time". This Commission gave
him every opportunity to speak and address the issues. He
took the opportunity, but he took a gamble. Yet another
gamble and that gamble was that if he only took five minutes
for himself and you limited the opposition to five minutes
that he would win. He lost the gamble. That's not
injustice. That's just making a wrong choice. This
Commission should not and I'm sure will not put the
community that has been through a year of spending much of
their and much of their money with no possibility of
financial reward or benefit from expending that money, to
doing this again in a matter of months. I see no injustice.
I see no ground on which this waiver should be granted and I
ask that you deny their request. If you have any questions
I will be happy to answer them.
154 February 28, 1985
ld
Mayor Ferre: All right, Mr. Treister or Mr. Scharlin. 0 ,
the
I'm sorry. I stand corrected. I thought you were
anchor. We have got another anchor here.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: I set you up for that one.
x
Mr. Jack Rice: I hope I'm the bomb that blows this out of
He the
t
' .
the water. I represent Mr. C. H. McCormick. owns
Royal Road. I'm not going to
#r,
property at Main Highway and
the lady before me just went through. She was
+f
go over what
in explicit detail. However, I just want to make a couple
the zoning on
short comments. They are trying to change
burdening it. What they are
u.
this property. They are over
to do on the property is too intense. It came
trying
before the Commission, I think it was December 12th and you
but also,
turned them down. Not only is it too intense,
for traffic on this. Now, the
there is absolutely no plan
der at this
only thing that the Commission has to consiaffe
hearing is whether or not this property is
that it has been violated by your not
comprehensive plan and
taking action on it. Well, I'm going to tell you the
is
comprehensive plan of the City of Miami is that this
property. They don't have a leg
single family residential
to stand on that basis. The other basis is that there is
is
an injustice, but the only injustice here something
It's like they buy a piece of property
that's self created.
and they know what the zoning is and then they try to get a
bought the property know what
variance on hardship when they
with. They can't come here for an injustice
they are stuck
criteria. If there is an injustice here they have got to
any
say that you have created it. You have created
them a chance to withdraw this
c;
injustice here. You gave
take it back to the Planning Board or whatever they
matter,
wanted to take it back to. They says "no" we are going to
two hours of
proceed on December 12th. They used
and they could have said it in five minutes and
conversation
they I think what they were trying to do is wear us down and
thing. They haven't
now they are back today doing the same
injustice. They haven't shown where the
._
shown us any
comprehensive plan is being violated. What they are trying
in to
to do is wear us down. And what they have to do order
they want tonight or obtain what they want tonight
"
get what
is say that you have created an injustice in your decision
that that
,?
at the prior hearing on December 12th and I say
does not hold water. Thank you.
Mayor Ferre: All right, are there any other speakers on the
Scharlin. You I assume have
opposition? All right, Mr.
of time. So,... in fact how much accumulated time?
plenty
Mr. Ongie: The objectors used twenty—five minutes.
Mayor Ferre: But Mr. Scharlin had previously spoken. So,
go ahead.
it
Scharlin: Janet has done a masterful job of... Well,
ewerer
don'Mr.
mystical a job.
said at the
bringing to your attention I tion tthenow thingsa that
}
November and the December meeting, but she left a lot of
a partial record. I think you all
--``
things out. She gave you
recall that at the November meeting the procedure was
will
stopped because Janet pointed out that you did not have the
ably raised issues
legal authority go forward and she so
the entire matter to your City Attorney.
that you referred of
The question, could you go forward? And you directed all
et
us to meet with the City Attorney and discuss it and meet
discuss it. On December
with the Planning Department and
id 155 February 28, 1985
s
12th the City Attorney submitted an opinion to you. I will
read parts of it. "Although it is the opinion of this
office that the opponent's arguments regarding notice is
meritorious, such objection should be moot if the City
Commission complies with the applicant's request and refers
the application to the Planning Advisory for rehearing".
Now, we had been meeting with the City Attorney without a
mutual conclusion. She didn't direct us, but it was our
mutual conclusion in the meetings that the appropriate
procedure after having heard the tctions procedureraised
after those
and her colleagues. The appropriate
objections were raised was to go back and start again.
Concluding paragraph in that opinion. The opponents have
raised very weighty legal objections to the application
process, that if found conclusive would invalidate this
application altogether. In face of that and understanding
that we were conferring with the Planning Department and the
legal department of the City, in face of that we concluded
that the only thing we could do was go back and begin again.
And what we believed when we came before you in December,
not withstanding the instructions of this Commission that
you have a full hearing in December. What we believed when
we came back before you in December was that there would not
be a hearing and because we believed it and you see from the
City Attorney's opinion, we had good reason to believe it,
may be not an absolute mandate, but we certainly had good
reason to believe it. When we came back we were surprised.
We simply were not ready and we had cause not to be ready
and our specialist and our supporters and our adherents were
not here to speak for us. All you had were opponents and
witnesses who were prepared to talk against us. And when
Mr. Treister volunteered to make a presentation, it was a
presentation on the spur of the moment without diagrams,
plans, supporting witnesses. Thank you.
Mr. Treister: I would just like some brief remarks, just
some... Joanne Holzhouser said that we haven't met with the
community. I have always met with the community. On this
particular project we met with the Civic Club. We met with
the Chamber of Commerce. We met with everybody that would
speak to us. We met with the parents of the school.e
I met
will continue to meet with the parents of the school.
with Joanne and talked to her about this privately. I will
continue and obviously, it's to everyone's benefit in this
community. If we don't work together in Miami, if we don't
fight together to make it a better city, if we don't try to
heal these wounds and try to make church and school work
together, architect and developer work together, civic club
and chamber of commerce work together, gentlemen we are not
going to have a great Miami. We have the potential for a
great Miami. We have a beautiful Bayfront. We have a
beautiful hammock here. We have a beautiful Coconut Grove.
My whole life is dedicated to making it more beautiful.
There may be disagreement on whether I do it well or not,
but I can tell you that my sincere interest is to do
something that's good for this community, obviously, good
for myself at the same time, because that's the way I earn
my living. But basically, we have met with the community
and we would continue. As far as the plat that Joanne said,
Commodore Bay, we own the property. We have named it
Commodore Bay. If there is one single home on it someday or
an empty piece of land, as far as we are concerned it's
Commodore Bay. Now, what that means in someone's mind, it
may be a park. It may be a development like we proposed it,
may be some variation. We call it Commodore Bay and it's
now, at least as far as we are concerned that name. Just
generally and one last thing. At the last meeting we didn't
really have a full hearing. The law which we want to abide
by says that you gentlemen, if you feel like there was an
injustice you will give us a chance to rethink out the
Id 156 February 28, 1985
is
project, redesign it, go to the planning board, start over.
And that's what we are asking for. To quote Janet Cooper on
her quoting of our great City Attorney. The City Attorney
said legally she did not tell us that we did not... we
weren't going to have a hearing, but she said quoting Janet
"I told them it would be my guess that it would be
deferred". Gentlemen we met with the City Attorney and you
asked us to. She told us she thought that this would be
The Planning
deferred, that we should start over.
Department say that in all honesty we came here unprepared
last time. We would now based on the law like the
opportunity to reapply before waiting eighteen months as the
law allows and as I said we will meet with the community.
We will modify the plan. We will do whatever it takes, but
we would like that opportunity because we feel that we
qualify under that provision of the law which we
respectfully request that you allow us to use. Thank you.
Mayor Ferre: Anything else? Or a brief comment.
Ms. Cooper: Three brief points of rebuttal. First
fe
yes, Ms. Dougherty did rule that it would be an appropriate
procedure to send it back to the Planning AdvisorroBord.
dures, but one of the app p
Not the appropriation proce
procedures.
Mayor Ferre: Wait a minute, hold on. Jack don't leave
because I... Mr. Luft.
(BACKGROUND COMMENT OFF THE PUBLIC RECORD)
Mayor Ferre: Ok. Because I got some questions of you.
Mrs. Cooper: We went through whether or not that should or
could or was mandatory to do for about an hour at the
December meeting. I just listened to then apes riate tthis
afternoon. Now, if what they thought was app p
withdraw tho do
e application and start over again, which is
was
what was just stated by Mr. Scharlin. They had plenty of
opportunity both before the December 12th hearing to
withdraw their application and during the December 12th
hearing. You all gave him every opportunity to withdraw the
application. You did... He chose not to withdraw the
application and start ovaIr at that time. He would have had
other opportunities and been able to do things in other ways
had he taken that opportunity. But he was very sure... they
were very sure that they were going to be able to control
what happened, that it would go back to the Planning
Advisory Board and they just plain guessed wrong when they
took their gamble when they took the risk. The injustice
that occurs is that this community is being dragged through
this time after time and for such a long time and
at such
This
great expense time wise, money wise and energy
community needs to heal itself after this and needs to have
the time. Thank you.
Mayor Ferre: Scharlin.
Mr. Scharlin: Gentlemen, I don't want this to be a pendulum
that keeps going back and forth.
Mayor Ferre: Me neither.
Mr. Scharlin: I believe that. In conclusion, I hope,
between November and December we honestly came to believe
that the procedure could not go forward because it was a
legally... It might has been a legally inadequate procedure
and good sense required that it go back. To have withdrawn
the application during the hearing according to the Code
would have the same consequence exactly as a denial by this
Id 157 February 28, 1985
p-
y
a
b
Commission as far as the delay on reapplication. We could
have withdrawn it in between and we thought we did. All we
were coming here to tell you all was that we had made a
request to go back to the beginning. We had no idea when we
came before you at that December meeting that there was
going to be a hearing and I know you believe that that's
honestly what we thought and we are hoping that you will
take that belief and consider it as creating an unjust
situation for us. If our error imposes an eighteen month
wait on us in view of the number of dollars involved and the
importance that this can be to the community. Thank you.
Mayor Ferre: All right, thank you. Now, we get to the
question part and I will start off by asking you, Lucia.
Mr. Scharlin has just stated that if they had withdrawn for
all intents and purpose under the law that would have had
the same basis as a denial. I think there... wasn't there a
vehicle for them to withdraw?
Ms. Dougherty: If they would have withdrawn they would have
been back here in the same place. They would have to get a
waiver of the zoning, plus they would have had to get a
waiver for the special use permit.
Mayor Ferre: In other words, if they had withdrawn they
still would have been stuck with the eighteen months?,
Ms. Dougherty: Right.
Mayor Ferre: Thank you. I would like the administration
now what their recommendation is on this.
Mr. Pierce: Mr. Mayor, the determination of whether to
waive the prohibition is actually a decision that has to be
rendered by the City Commission.
Mayor Ferre: I'm not asking you to make a decision for us.
I'm asking you your opinion if you have one, for your advice
if you have any. If you have no opinion and you have no
advice, then state it and we will move along.
Mr. Pierce: I would prefer not to make a recommendation,
Mr. Mayor.
Mayor Ferre: All right, sir. If you... then with your
permission, if I may...
Mr. Carollo: What was that?
Mayor Ferre: He prefers not to make a recommendation.
Mr. Carollo: I never heard that one before.
Mr. Pierce: If I may explain that Vice -Mayor. This is
really a legislative decision on the part of the Commission
and my opinion... Well, I will make one if you insist.
Mayor Ferre: Well, now, Walter, look with all due respects
to you, you hold an important position as an Assistant City
Manager and you are in charge of this very important general
area. Obviously, Mr. Rosencrantz has asked you to sit
during this thing, so you speak for that administration.
I'm asking you... this is an important policy decision which
this Commission must make. We do as in all of these things,
always ask for the administration's position and I... I
think Carollo is right. I can't think of any time when the
administration when asked for advice or asked a
recommendation is not...
ld 158 February 28, 1985
Mr. Pierce: Mr. Mayor, my recommendation in all honesty is
that we should not grant the waiver.
Mayor Ferre: That we should not what?
Mr. Pierce: We should not grant the waiver of the
prohibition. It was a long and frustrating process with a
lot of anxiety. There were a lot of emotions brought about
in this community and I think that based on that we should
allow this to be settled down. We should take our time and
make sure that the project is rightfully and properly
d I
tassesd hink9ethat fois itcomesm accomplished through ll ic observing hearing an the
th
eighteen month prohibition.
Mayor Ferre: All right, if you don't mind I would like to
ask both Sergio and Jack that have been involved. Is that
all right Walter?
Mr. Pierce: Yes, Mr. Mayor.
Mayor Ferre: Yes. I would like... if you want to add or
change or add anything to the statement.
Mr. Sergio Rodriguez: What is the question exactly?
Mr. Plummer: What's you recommendation? Same question.
Mr. Rodriguez: In my opinion, this is not a planning item
at this point because we are not discussing planning issues.
This is a legal question and at the same time. Many times
we are reminded that we shouldn't get involved into legal
issues. I don't think that as a planner I should make a
recommendation on this legal matter.
Mayor Ferre: Mr. Luft. Even though I know you are not
involved in Grove... Is this all right if I ask Mr. Luft?
Although you are not involved in Grove matters now. You
were a strong proponent for this and I would like on the
record your... if you wish, you know if you don't want to
comment that's fine.
Mr. Luft: I think with the Director's permission I would
offer one simple concluding observation. I have viewed with
interest the pursuit by the community very actively of this
concept of the purchase for a park. As the planner in
charge of the Grove master plan ten years ago, I find myself
in a very interesting position of having recommended to this
Commission the concept of the park and subsequently a decade
later recommending this park.
Mayor Ferre: This project.
Mr. Luft: The only point that I wish to make is that as
planners we are not in the procedural issue so much as we
pursue and idea or a vision. Ten years ago I called Rick
Fromke and his boss in Tallahassee after the plan was
passed. I said please come to Miami I want to show you a
very special piece of property. They came down and as I
recalled it was an Autumn day and we walk from Main Highway
to the Bay. We walked to that property and I talked to them
about the potential for this unique site that we singled out
in the master plan for a park. I suggested to them as best
I could that here was a special property that could be a
link from the village to the Bay. It could also connect our
Bayfront from Peacock to the Barnacle, the new State park.
I said this is a special opportunity we hadn't ought to
miss. I suggested to them that we could relocate historic
houses and develop a craft village, possibly a folk art
village. All these ideas were of interest to them and I was
ld 159 February 28, 1985
5fe
very hopeful at the time th thewStatecould
reportedaback to me�
purpose this. Unfortunately,
pursue It
They did not have the money. They
t d asappointment iat the
would not be done. It was a g
time. Since that time for ten years I have viewed at
property many times sitting along Main Highway
ng
what we were trying to do, what we had tried to achieve. As
proposals came forward in the past few years it was with the
great sense of disappointment that I viewed the walls,
barriers, the projects that would forever out off the things
we tried to do when we proposed the State
Mparof t. ubseq ens
to that this project came forward. Many
came back. The path that this Commission wishes to choose I
think should keep in mind the vision that
t Weyea had
when
and
the Commission passed the master plan
whatever course we take, whatever development occurs we
ought to try to find those objectives in our different ways.
Thank you.
Mayor Ferre: Thank you. All right, other questions from
members of the Commission? Anybody else have questions? If
not, statements? if not,
heard a none...
motions. Motions.
Is there a motion?
Mr. Perez: I move a motion to grant the waiver request.
Mayor Ferre: There
is amotion by Commissioner Perez that
the waiver request be granted
Mr. Plummer: Mr. Mayor, I second the motion and I do it for
the reasons that I do feel that there was some discrepancy
on that particular night. That they were not prepared, but
here again, I move that out of the interest of fairness,
simply because I think the members of this Commission have
spoke very loud and very long that they did not agree with
mjority
me, because I was in favor of this p I jest nwethe areally
of this Commission were not. So,
spinning our wheels. But still in the interest of fairness,
I don't feel that there was the proviso that particular
evening for a full presentation. I don't know that it would
on't think it would have. et
have made a difference. I
the developer wants the opportunity to come back and reduce
the project. He has not said how much, but that would have
to stand on the merits at the time, but I do feel there was
enough area that evening fore to say to Commission. me So that
tfore that td reasonnot vl
their full day
second the motion.
Mayor Ferre: All right, Commission Discussion. Any
discussion on he motion Then arerewe we vote?
to All call tithe roll?
is no
further discussion.
Call the roll.
ON ROLL CALL:
Mr. Carollo: You know, for I don't know how many weeks now,
it's one thing when the Miami Herald says I'm have dt mind ded
They are always saying that about me,
but Iby
some many people that represent the other side that "gee
what Joe did to us was so uninjustice.
He was so closed
minded and didn't give us the opportunity to present all
that we wanted to. We really want to scale the project down
tu
now. Well, I'm going to give Mr. Treister that opportunity
that no one else to my knowledge has had since I have been
on this Commission at least for that time. If you recall my
statements Mr. Treister the last time when we voted for this
and I led the charge in voting it down, I told you that you
had to scale that project down at least twenty-five per cent
for me to evenconsider
problems and present I'm gme oing
goingsto legit
give
answers to the
Id 160 February 28, 1985
you that opportunity and the opportunity to may be convince
a third member of this Commission to vote for your project.
I'm not telling you I'm voting for it whatsoever, but I give
you that opportunity, because I am not an individual that
has a closed mine. I try to be fair and just and I think I
was fair and just on that night, particularly under the
circumstances that we went about, but I wanted the record to
be laid to rest that I was responsible for a so-called
injustice that was done to you and to the people that you
all represent. So, I vote "yes" for this.
Mayor Ferre: I'm voting "no", but I wish to explain on the
record my vote. It does pass three to two, but I wish to
explain my vote. I do feel that personalities and people
aside, this property should be part of the Barnacle Park
system. We have a wonderful opportunity to do that. Now,
with Senator Gordon, Senator Fox, Senator Gersten and other
who have told us that they are going to be championing this
process and I... the Legislature begins April 2nd. I really
think that that would be an opportune time to, hopefully,
get some of these funds, because otherwise, it will be
eighteen months before we can even hope to have an
opportunity. If we get some funding from Tallahassee on a
special bill base, I think we should pursue that immediately
to insure that that property becomes a park. Secondly, I
stated in the beginning that it was my opinion that that
project would not work as designed unless it had access to
MacFarlane. I have maintained that position. There were in
the project originally ninety-nine apartments was that... n
hundred ninety apartments and I understand now that we are
talking now about decreasing that by whatever number. Fifty
per cent or twenty-five per cent. I don't frankly think
that the traffic for fifty apartments is sufficient to
really make that much of a difference in the traffic flow.
Because the traffic flow is not necessarily the project
itself, it's the terrible traffic problem of Coconut Grove
along Main Highway and this is the critical point. It's not
the project and what's causing traffic into this property it
is the commercial aspects of it, not the residential and
therefore, I don't think that the traffic situation is
alleviated by a decrease of forty or fifty or more
apartments. That is the reason for my vote. I think in
making these judgments we have to take the people and
personalities out of it and make these judgments purely on
the merits of the case and I think we have all done that in
this Commission without any exception and the majority of
course, rules.
The following motion was introduced by
Commissioner Perez, who moved its adoption:
MOTION NO. 85-214
A MOTION GRANTING A REQUEST MADE BY
MESSRS. KENNETH TREISTER, HOWARD R.
SCHARLIN AND GERALD KATCHER FOR THE
WAIVER OF THE TIME LIMITS CONTAINED IN
APPLICATION PROVISIONS OF THE ORDINANCE
9500 (AS MORE FULLY DESCRIBED BEFORE
THIS CITY COMMISSION ON THIS DATE)
PERTAINING TO THE PROPERTY GENERALLY
REFERRED TO AS "COMMODORE BAY" LOCATED
AT APPROXIMATELY 3471 MAIN HIGHWAY.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
ld
161 February 28, 1985
Mayor Maurice A. Ferre
NOES: Commissioner Miller J. Dawkins
Mayor Maurice A. Ferre
ABSENT: None.
Mayor Ferre: Now, I would like to make a motion that the
City of Miami immediately commission an appraisal so that
the legislative board... current appraisal so that the
legislative body, our Dade delegation will have the
information available to them hopefully, by the time the
legislature is concluded as to the value of the property.
: Mr. Carollo: Mr, I'm all for making that property into a
s park. I think it would be fabulous for the City. The
point is that we are stilling living in the United States of
America and I don't see how we can force an owner of a piece
of property to sell that property if he doesn't want to, to
the State, to the City, to the County or anyone else. I
mean, I don't see any justifiable reasons to force a sale of
that property. And I'm not saying this, because it's that
property. I'm saying that you know, we have certain rights
in this County.
Mayor Ferre: Well, I will tell you and I agree with that,
but those rights are very clearly spelled out and as a
procedure.? I might remind you that we would not have,
Jose Marti park today if we had not forced Mr. Cox to sell
his property and he kept us in court for four or five years.
I
I would remind you that we would not have the FEC property
y
on Bayfront Park. We wouldn't have Bayfront Park if we
hadn't forced the property owners to sell us the property.
j
I would remind you that Monty Trainer would not have his
property if we had not forced the Underwood family to sell
that property.
Mr. Carollo: I think possibly some of the examples you are
giving has some merit in what you are saying, but not
necessarily all of them going about it the same way. And
you know, it my opinion as one sole person, but it just
leaves a bitter taste to me when you are forcing the owner
of a property that might now want to sell that property and
I don't know if he will end up after he sees the outcome of
4
this wanting to sell or not. He might. I don't know, but
you know, it just leaves a bitter taste to me, something
unamerican as I see it to force somebody to sell a piece of
property. And I'm in favor of a park there.
Mr. Dawkins: It's a very good thing that you were not here
during the times of urban removal, when they went in
°�
Overtown and put I-95, Rapid Transit and others and through
a thing called "Iminent Domain" took Black people's homes
and made them move. Now, there is ---you say ... but your
a
rights cease when the State decides to exercise theirs.
Mr. Carollo: Yes, but Miller, even though that caused a lot
of wrong.
Mr. Dawkins: I mean, Joe... It's not right, Joe. I mean,
it may not be right, but it's just... that's the law.
..
;*r
Well you are saying, but
Mr. Carollo: , I understand what
even though there was major injustice done in what you
described and there was, at least they were able to justify
.
whether rightly so or not, I-959 Rapid Transit, that there
was a need for that, but you know, I just don't see needs
like this in projects of this sort.
14 162 February 28, 1985
Mr. Dawkins: Well, that's another scenario to look at, like
you said. It may get to the point where Mr. Treister like
you say made decided that's his land and he don't want to
sell it and he will keep it.
Mayor Ferre: Let me give you another side of it and I, of
course, not speaking for Mr. Treister or the owners. But if
I were an owner of that property and I was facing an
obvious, hostile neighborhood. Well, you know, polite, but
hostile neighborhood with lawyers and well prepared and
tough and what have you and a Commission that had previously
voted three to two against this project and what the
difference is is fifty apartment less. I certainly having
had some money into the project would like to know that I
have an opportunity to sell that property at a good price,
which I'm sure will be above what they paid for it, because
I'm sure that's the way the appraisals is going to come out.
So, I think it prepares the legislative delegation to know
what to ask for, because if the property is worth thirty
million dollars there is no use going in there and asking
for four. So, I don't know what the value is of the
property and I don't know that the State will approve the
monies, but I do think that we need to help them by being
ready to give them an idea as to what the value of the land
is. Now, I'm sure eventually as you know in a taking
process, if it's not a friendly taking we need to have more
than one appraisal, but that's something that we will have
to do later or farther on. So, I have made a motion and I
pass the Chair to the Vice -Mayor and so move.
Mr. Carollo: There is a motion. Is there a second?
Mr. Plummer: Yes, I second the motion and the reason I
second the motion is if you are not prepared, the session
starts in April and May. I too, would love to see that
acquired as park land, but if you are not prepared for this
session you will never get it and as far as I'm concerned,
you better be prepared because Mr. Treister well knows from
the last time he was here, we don't know how this Commission
is going to vote in the ultimate end. And I would hate to
see that this in the ultimate, the end of the next go
around, that we turn it down and we don't have the money or
even the possibility of getting the money and I think that
we have got to be prepared. We have got to let the
legislature know that if you want to help this community
this is what the price tag approximately will be. So, yes,
I second the motion.
Mr. Carollo: There is a second to the motion, any further
discussion. Any further statements? Hearing none can we
call the roll Mr. Clerk?
The following motion was introduced by Commissioner
Ferre, who moved its adoption:
MOTION NO. 85-215
ld
A MOTION INSTRUCTING THE CITY MANAGER TO
IMMEDIATELY OBTAIN THE SERVICES OF AN
M.A.I. APPRAISER IN CONNECTION WITH
APPRAISAL TO BE MADE ON PROPERTY
COMMONLY REFERRED TO AS COMMODORE BAY,
LOCATED AT APPROXIMATELY 3471 MAIN
HIGHWAY IN ORDER THAT THIS INFORMATION
WILL BE AVAILABLE TO THE FLORIDA
LEGISLATURE AND THE DADE DELEGATION SO
THAT A FUNDING REQUEST FOR PURCHASE OF
SAID PROPERTY FOR USE AS A STATE PARK
MAY BE CONSIDERED AT THE NEXT SESSION OF
THE LEGISLATURE.
163 February 28, 1985
x
r
r,• ;i'
�YF
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.
Ms. Cooper: Mr. Mayor, may I raise two points please?
Mayor Ferre: Yes.
Ms. Cooper: This community has been through an awful lot as
I started to tell you earlier and I'm not going to go into
anymore gory details, but it has been pulled to the limit.
Now, I would ask this Commission to consider perhaps since
it's already said that it will not ask the developer to wait
the full eighteen months to ask the developer to wait a
shorter period of time some that the community can have a
breather, can get its forces together, can let some of the
emotions cool down, view this more fairly. If we could have
six months before they could file their application or some
period of time...
Mayor Ferre: Hey, Janet fair is fair just like you said
before. This thing was put to the test. It was voted. The
majority of this Commission gave them a waiver. They got a
waiver, they can apply tomorrow. That's it.
a
ft
Ms. Cooper: Tomorrow. Ok. Then I have one other point and
that is to request some assistance from this Commission or
e
from the developers in bearing the expense of having an
intelligent response to their new plan. I'm estimating that
the Community has spent out of pocket nearly fifty thousand
dollars in this effort and...
Mayor Ferre: Fifty thousand dollars?
W
Ms. Cooper: Fifty thousand... this doesn't happen
inexpensively. I was the beneficiary of very little of it I
might add. The developer's attorneys also cost a lot of
money. There were experts. They were literally a thousand
dollars minimum in transcripts. Absolute minimum. I know
that out of my office there was over three hundred dollars
in transcripts alone. There were four or five attorneys.
The expense on the community is enormous and I would ask
}=s
that thee be some relief, some assist to the community since
you have granted them now. So, extraordinary time wise.
Mayor Ferre: Janet, I hate to tell you this, but I don't I
can't think of precedent for anything like that. I have
t
never see...
There is no precedent for what you did tonight
_:.
either?per:
Mayor Ferre: Oh, yes there is. I'm sure you will find in
plenty of cases where we've granted special waivers for on
time and things like that. I know that that's been before,
but I don't ever recall. I mean, imagine what that would do
in the future if a community goes out. I mean, we can't do
that. I mean that's just one man's opinion.
ld 164 February 28, 1985
Ms. Cooper: The burden being put on this community is
phenomenal. Absolutely phenomenal.
Mayor Ferre: It may be you know. I'm sure General
Westmoreland's legal bills were phenomenal too.
Ms. Cooper: Yes, but he stood to make something. The
people in this community stand to make nothing. They only
stand to take this out of their pocket. It's not a tax
deduction. There is absolutely nothing.
Mayor Ferre: I don't even know if it would be legal. I
mean, we would have to... I'm sure we would have to research
that and that's not something. I'm sure we will take it
under advisement. You know, my first hand reaction on this
is not in support of it, but I'm just one voice here. I
just don't think that's right and we can set that kind of a
precedent that we would be paying community neighborhood
groups legal and other bills for being opponents on matters
of this sort. I recognize...
Ms. Cooper: Not in the initial hearing, but when you grant
such extraordinary relief of an eighteen month waiver to a
developer who had a full and fair hearing an opportunity of
a hearing...
Mayor Ferre: Well, I will tell you this is all new and I
think we...
Ms. Cooper: ...this is extraordinary expense to the
community. This is the injustice.
Mr. Dawkins: Yes, but Janet, we truthfully now must look at
it realistically. Number one, we are costing him money by
not letting him go ahead. Oh, yes, he has got to pay money
on... hold it, wait.
Ms. Cooper: No, you are not costing him money. He took a
bad gamble. It's his costing himself money. —
Mr. Dawkins: Well, all right, I will rephrase it. He is
spending money because he cannot develop. Ok.
Ms. Cooper: Because he took a risk to make a profit.
Mr. Dawkins: And he would be a fool to provide me with
money to further up hold him and stop him from building. I
mean, now nobody in their right miad is going to do that.
So, I mean, you know, it's just somethings that's not going
to happen.
Ms. Cooper: No, if he is genuinely proposing.
Mr. Dawkins: Huh?
Ms. Cooper: Not if he is planning genuinely reduce the
project and propose a good project that the community will
go a long.
Mr. Dawkins: Janet, you have had psychology#.
Ms. Cooper: My major. -
x
Mr. Dawkins: Ok. And you think that you have jerked him
around like and he is going to be that benevolent. Come on
darling.
Ms. Cooper: It's better to be sweet than to be vinegary.
ld
165 February 28, 1985
Mr. Lawrence Terry: Excuse me, Commissioners. Lawrence
Terry is my name, 1896 Tigertail. I think it's obvious at
this point that what has happened out of this issue is we
have a choice or we might have a choice as it relates to
this project. I think that Mr. Treister and Scharlin have
the opportunity to bring a good project back to the
Commission and it votes favorably on that Commission, that
the opportunity for a State park or a continuation of the
park is going to be gone. At least if I were in the place
of the developer it would be in my interest thinking that
the project is in the community interest to prefer the
project over a State park. So, in terms of the time I think
it would be fair to the community if there was... if we are
assured that the State park has a fair shake on this
property.
Mayor Ferre: The state park has a fair shake under any
substances because the legislature if we get an appraisal
and the legislature gives us those monies to buy those lands
or buys those lands on the State's side there is no
question, but that I think this Commission from the way it's
voted, unless there is a major reversal would proceed and if
this Commission didn't, I'm sure the State would on it's
own.
Mr. Terry: And that is going to... that cannot happen
sooner than April sometime.
Mayor Ferre: We, obviously, let me put it to you this way.
Unless we get a special bill through the legislature there
ain't no way that's going to be a park, because there is no
money. There is no money in the City and I...
Mr. Terry: Right, I'm just saying that there is two months
for now before that can happen and that the developer
could...
Mayor Ferre: That's got nothing to do with the taking of
that land. If the developer goes through a hearing process
and gets this land rezoned that's got nothing to do with
whether or not we buy the property.
Mr. Terry: As long as we remember that an appraisal for the
highest and best use if you did approve a change in zoning
would be a lot different than what we are going to talk
about in the future.
Mayor Ferre: Lucia, if we change the zoning it would
obviously, make a difference in the price of the land.
Ms. Dougherty: Mr. Mayor, you probably won't. You are
going to pay for that land as if... whatever the court
thinks is the right zoning for that property. You are not
going to pay single family zoning prices for that land even
though it's zoned single family.
Mayor Ferre: Ok. Thank you. Ladies and gentlemen, we
thank you for your patience.
Ms. Holzhouser: Excuse me, could I ask for clarification
please sir?
Mayor Ferre: Sure.
Ms. Holzhouser: Where do they have to start over again,
please?
Mr. Plummer: Ground zero.
Mayor Ferre: Ground zero.
ld
166
February 28, 1985
Ai
es
Ms. Holzhouser: Ground zero. That is we are to understand
that they have to go through the regular process of asking
for appearance before everything, including the Historic
Preservation Board.
Ms. Dougherty: The Historic Preservation Board requirement
is prior to the time that they pull building permits.
Ms. Holzhouser: Well, the problem with the Historic
Preservation Board is there were some very very strange
things that went on at the hearing about that and we will
want to bring this out very carefully and that is a crucial
part to the presentation that they made before and I think
it will be again. Who will the planner be for this project?
Can I ask that please?
Mayor Ferre: That's a decision that Sergio Rodriguez will
make. We stand adjourned.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 7:45 P.M.
Maurice A. Ferre
M A Y O R
ATTEST:
Ralph G. Ongie
CITY CLERK
Natty Hirai
G1 �'
ASSISTANT CITY CLERK
1 • gal
IF
3"
J
CITY OF MIAMI
DOCUMENT
MEETING DATE
FEBRUARY 28, 1985
I N DE_Xl
COMMISSION RETRIEVAL
ITEM N04
DOCUMVIT IDENTIFICATION
ACTION AND CODE NO.
URGIN SOUTHERN BELL TO INSTALL FACILITIES
85-168
("CALL WAITING AND FORWADING") TO ALL SUBS-
CRIBERS AND COSTUMERS OF SOUTHERN BELL TELEPHO-
NE SERVICE WHO RESIDE IN THE CITY OF MIAMI.
REQUESTING FEDERAL GOVERNMENT TO GRANT POLITI-
85-169
CAL ASYLUM TO ERIC SALADO, LUIS LOPEZ, AND
ALEJANDRO CALLEJAS WHO FLED OPPRESSION IN
CUBA AS DID MANY OTHERS...ETC.
REQUEST GOVERNOR/FLORIDA LEGISLATURE TO PROVI-
85-171
DE AN OPPORTUNITY BE GIVEN TO STUDENTS WHO
STUDIED ORAL SURGERY TO TAKE THE CURRENT
FLORIDA ORAL SURGERY BOARD EXAMINATION.
RELAX LIMITATION ON THE DISPLAY OF FIREWORKS
85-173
TO ALLOW PYROTECHNIC DISPLAYS AT VISCAYA
ON MARCH 9, 1985.
CLOSE CERTAIN STREET TO THROUGH VEHICULAR
85-174
TRAFFIC, STABLISH A PEDESTRIAN MALL FOR
ST. PATRICK'S DAY.
THE CITY COMMISSION CONGRATULATE THE HONORABLE
85-175
DANTE FASCELL UPON THE ACHIEVEMENT OF 30
YEARS AS A MEMBER OF THE HOUSE OF REPRESENTA-
TIVES OF THE CONGRESS OF THE UNITED STATES
OF AMERICA.
CODESIGNATE NORTH WEST 7TH STREET BETWEEN
NORTH WEST 7TH AVE. AND NORTH WEST LOTH
AVE. AS ED NEWMAN STREET.
CODESIGNATE NORTH WEST 17TH TERRACE BETWEEN
BISCAYNE BOULEVARD AND NORTH BAYSHORE DRIVE
AS PLAZA VENETIA. DIRECT CITY CLERK TO FORWARD
A COPY OF THIS RESOLUTION TO CERTAIN GOVERN-
MENT ENTITIES.
RATIFY/APPROVE CITY ATTORNEY'S EMPLOYMENT
OF THE LAW FIRM OF FINE, JACOBSON, SCHWARTZ,
NASH, BLOCK AND ENGLAND TO RESERVE A SPECIAL
COUNCEL WITH MATTERS INVOLVING LITIGATION
CONCERNING PUBLIC RECORDS FILED AGAINST
THE MAYOR AND MEMBERS OF THE MAYOR'S STAFF.
85-176
85-177
85-178
D 0 cl U MENTrNDEX
DOCUMENT IDENTIFICATION
FEBRUARY 28CONTINU.
COMPLETE SETTLEMENT: HUMBERTO MARCHENA ($75,000
RESCHEDULE REGULAR TOT TAKE PLACE NON EMARCH
OF MARCH 14,
21, 1985 AT 9:00 A.M.
APPROVE/CONFIRM THE EXECUTION OF A LOAN
AGREEMENT WITH GROVITES UNITED TO SURVIVE,
INC. (GUTS) FOR THE DEVELOPMENT OF THE
PROPERTY AT GRAND AVE.
EAND DOUGLAS ROAD,
INTO A COMMERCIAL COMPLEX
APPOINT INDIVIDUALS AS MEMBER OF A CI IZE ARMANS
ADVISORY COMMITTEE: ALLEN MORRIS JR.;
DO
CODINA; JANET COOPER; HILARIO CANDELA;
RON FRAZIER; MARTIN FINE AND SANDY ROSENBLITH.
AUTHORIZE ISSUANCE FOR PROPOSALS FOR PRO-
IDE INDUS-
FESSIONAL SERVICES FOR THE CITY POINT SERGIO
TRIAL (CATEGORY "B" PROJECT).
PLANNING
RODRIGUEZ, DIRECTOR E COMPETITIVEDEPARTMENT SELECTION
AS CHAIRPERSON FOR TH
AND NEGOTIATION.
AUTHORIZE AN INCREASE IN H AND CONTRACT BETTER BETWEEN
CON-
CITY OF MIAMI, FLORIDA
STRUCTION INC. (MAY 11, 1982. JOSE MARTI
RK
RIVERFRONT PARK). ACCEPT THE COMPLETE OOTAL
OF BETTER CONSTRUCTION INC. AT A T
PRICE $1,972, 337.14.
$62,055.00 FROM GENERAL
FUND (S
ALLOCATE COMMUNITY
P & A C F) TO JAMES E. SCOTT
ASSOCIATION FOR THE AGENCY'S COMPUTER TRAI-
NING PROJECT.
AUTHORIZE A CITY MANAGER/CITY ATTORNEY
TO EXECUTE A GRANT AGREE ENT ASFORMECDITD
WHICH WILL PROVIDE $6,01
OF MIAMI REDEVELOPMENT OF BAY
FRONT PARK.
ED
ALLOCATE $13,000 FROM S. P. AND A. C. F.
TO COVER COST OFA FULL COVER BE PUBLISHDED INAGE JETADVERTI-
MAGAZI-
MENT ON MIAMI T
NE.
ALLOCATE $12,50 FTHE FUTUREAO URBANSAMERIT
OF A CONFERENCE
CA: CHALLENGES AND OPPORTUNITIES" ETC .....
85-180
85-190
85-191
85-192
85-193
85-194
85-195
85-196
85-197
yip
\1
__.CONTINUED
cowls
DOC MENT IDENTIFICATION
AUTHORIZE/INSTRUCT CITY MANAGER TO ISSUE
REVOCABLF PERMIT TO FLAGLER 5TATIQK LTD
TO PERMIT CONSTRUCTN/ATER48IOEASOTF RESTAU-
FLAGLER
RANT ARCADE PROJECT
STREET, MIAMI FLORIDA.
EXPRESS THE CITY OF MIAMI'S SUPPORT OF GOALS/
OBJECTIVES OF THE PROPOSED DADE COUNTY SHORE-
LINE DEVELOPMENT REVIEW ORD. URGIN DADE COUN-
TY BOARD OF COUNTY COMMISSIONER TO REJECT
THE PROPOSED ORD. IN ITS PRESENT FORMAT;
AND OFFER THE CITY OF MIAMI'S FULL AND COM-
PLETE COOPERATION, ASSISTANCE IN DEVELOPING
AN ALTERNATIVEORD
OAS. STATED INTHAT ACCOMPLISH
GOALS/OBJECTIVESTHE PROPOSED
ORDINANCE.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
EXECUTE AN AGREEMENT WITH HAITIAN TASK FORCE
($37,750.) TO CONTINUE THE IMPLEMENTATION
OF A NEIGHBORHOOD ECONOMIC DEVELOPMENT PRO-
} GRAM, ETC....
41.
AUTHORIZE CITY MANAGER/CITY ATTORNEY TO
ENTER INTO AN AGREEMENT WITH CHESAPEAKE
GROUP INC. FOR CONDUCTING A MARKET ANALYSIS/
FEASIBILITY STUDY TO DETERMINE THE POTENTIAL
BUSINENSPPORTUNI-
TIES ITHE WYNWOOD COMMERCIAL AREA
APPOINT AS A MEMBER OF
BOARD TO THE CITY OF
WEAVER. TERM EXPIRING:
THE OFF-STREET PARKING
MIAMI, FLORIDA: DAVID
F-
DEC. 2, 1989
LATIN
APPOINT AS MEMBER TO THE CITY OF MIAMI ROBERT
QUARTER REVIEW ARSALMAN LY BERMELLORLANDO O NARANJO
CHISHOLM, GERARDO
JR. , RO RANCOISCON LOPEZ BORGES,Q LUISD SABINESO
GOMEZ,
AND ORLANDO TOLEDO.
APPOINT TO THE CITY ZOMIMG BOA�RB• D TO ASERVE
FULL TERM, EXPIRING DEC. 31,
LVARO
ROMERO.
APPOINT
TOFULLTHE
TERM,CITY
PLANNING EXPIRING DECADVISORY BOARD
TO SERVE
HEBERT LEE SIMON.
85-199
85-200
85-201
85-202
85-203
85-204
85r206
DOCUrviENTrNDE)
DOCUMENT IDENTIFICATION
AUTHORIZE PROPOSAL FOR CONSULTING SERVICES
IN THE PREPARATION OF COMPREHENSIVE DOWNTOWN
DEVELOPMENT PLAN/APPLICATION FOR DEVELOPMENT
APPROVAL. DESIGNATE COMPLETE PLANNING SERVI-
CES FOR SAID STUDIES (CATEGORY "B" PLANNING
AND
APPOINT R
AS
CHAIRPERSON FOR SELECTION/NEGOTOIATIONZ
CCOM-
MITTEE, ETC....
AUTHORIZE THE CITY TO FILE CLAIMS/COUNTERCLAIMS
IN LITIGATION CONCERNING THE WORLD TRADE
CENTER PARKING GARAGE. AUTHORIZE CITY ATTORNEY
TO EMPLOY LAW FIRM OF STEWART, TILGHMAN,
FOX & BIANCHI TO SERVE AS COUNCEL IN CONNECTION
WITH SUCH MATTER.
APPOINT: JORGE PEDRAZA AS MEMBER OF CITY
PLANNING ADVISORY BOARD TO SERVE FULL TERM
EXPIRING DEC. 31, 1987.
AUTHORIZE THE REDUCTION OF TIME BETWEEN
THE DATE OF PUBLICATION OF NOTICE INVITING
BIDS FOR BAYFRONT PARK PROJECT- BAYWALK
FILL PHASE I AND THE FINAL DATE FOR SUBMITTING
BIDS FROM 15 TO 8 CALENDAR DAYS.
XAMIlUm
85-208
85-209
85-210
85-211
3